Buergofol GMBH v. Omega Liner Company, Inc
| Buergofol GmbH |
| Omega Liner Company, Inc. |
| 4:2023mc00139 |
| December 21, 2023 |
| U.S. District Court for the District of South Dakota |
| Karen E Schreier |
| Property Rights: Patent |
| 02 U.S.C. § 431 Fed. Election Commission: Failure Enforce C |
| None |
Docket Report
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| Document Text |
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| Filing 28 CORPORATE Disclosure Statement by Buergofol GmbH. (Hertz, Elizabeth) |
| Filing 27 CORPORATE Disclosure Statement by Omega Liner Company, Inc.. (Joyce, Meghann) |
| Filing 26 NOTICE OF NONCOMPLIANCE (Corporate Disclosure Statement not filed). D.S.D. Civ. L.R. 7.1.1 requires non-governmental organizational parties or intervenors to file either a Corporate Disclosure Statement or a Certificate that Fed. R. Civ. P. 7.1 is not applicable within 14 days of the party or intervenors first pleading or entry of appearance. The deadline has passed and Buergofol GmbH and Omega Liner Company, Inc. have not complied. Said parties have three business days to comply. Compliance may be achieved by docketing the statement or certificate in CM/ECF using the Corporate Disclosure Statement or Certificate of Non-Applicability event. (RRB) |
| Filing 25 NOTICE of Appearance by Elizabeth S. Hertz on behalf of Buergofol GmbH. (Hertz, Elizabeth) |
| Filing 24 NOTICE of Appearance by Meghann M. Joyce on behalf of Omega Liner Company, Inc.. (Joyce, Meghann) |
| Filing 23 NOTICE of Appearance by Shannon R. Falon on behalf of Omega Liner Company, Inc.. (Falon, Shannon) |
| Filing 22 [FILED IN ERROR] NOTICE of Appearance by Meghann M. Joyce on behalf of Omega Liner Company, Inc. (Joyce, Meghann) Modified on 12/27/2023 to add text (KLE). |
| NOTICE of Filing Error: #22 Notice of Appearance was filed in error and should be disregarded. (Joyce, Meghann) |
| Filing 21 Case transferred in from District of South Carolina; Case Number 6:23-cv-02559. Original file with documents numbered 1-20, certified copy of transfer order and docket sheet received filed by Buergofol GmbH. (SKK) (Additional attachment(s) added on 12/27/2023: #1 Updated Docket Sheet with all entries) (SKK). |
| CLERK'S TEXT LETTER TO NON-ADMITTED ATTORNEY(S) Local Rule 83.2 (E) allows attorneys to appear pro hac vice (PHV) if they associate with local counsel. The rule provides, in relevant part, that '[a]n attorney who is not a member of the bar of this court, but who is a member in good standing of the bar of another United States District Court, may, upon motion and approval by the court, participate in the conduct of a particular case, but such motion may be allowed only if the applicant associates with a member in good standing of the bar of this court as local counsel.' Local counsel must sign and file all documents, and must be present in court during all proceedings unless otherwise ordered. The court's local rules are available on the district court's website located at www.sdd.uscourts.gov.To apply for admission PHV, complete the Motion for Admission PHV form found on our website under 'Local Forms' and submit it to local counsel for electronic filing. The PHV fee is $200. Local counsel may pay the fee electronically by using Pay.gov.Docket sheet mailed/emailed to non-resident attorney(s) (SKK) |
| Filing 20 TEXT ORDER: On December 21, 2023, the undersigned held a hearing on (1) Buergofol GMBH's Motion to Quash a non-party subpoena issued in connection with a patent infringement action pending in the United States District Court for the District of South Dakota, Buergofol GMBH v. Omega Liner Company, Inc, 4:22-cv-4112-KES (the "South Dakota Action"), (ECF No. 1 ), and (2) Omega Liner Company, Inc.'s Motion to Transfer Buergofol GMBH's Motion to Quash to the Issuing Court in South Dakota (ECF No. 8 ). Pursuant to Rule 45(f) of the Federal Rules of Civil Procedure, "[w]hen the court where compliance is required did not issue the subpoena, it may transfer a motion under this rule to the issuing court... if the court finds exceptional circumstances." Having carefully reviewed the voluminous materials submitted by the parties and the oral arguments presented by counsel to the Court, the undersigned concludes that the discovery issues and claims of privilege raised in the Motion to Quash are already before the issuing court in the District of South Dakota and that this Courts disposition of the Motion to Quash would create the risk of inconsistent rulings as to the aforementioned issues. Given the complexity of these matters, including the extensiveness of the motions to quash and the subpoenas at issue, as well as the fact that the District Court for the District of South Dakota where the underlying action is pending is already addressing these and other intertwined discovery issues, the Court finds these matters raise the kind of exceptional circumstances contemplated by Rule 45(f). Accordingly, the court concludes the Motion to Quash is more properly addressed and decided by the issuing court. The Court GRANTS Omega Liner's Motion to Transfer (ECF No. 8 ) and hereby directs the Clerk of Court to TRANSFER this action including the Motion to Quash (ECF No. 1 ) to the presiding court for the action Buergofol GMBH v. Omega Liner Company, Inc, 4:22-cv-4112-KES, which is pending in the United States District Court for the District of South Dakota. This ruling is without prejudice to the ability of any participant to these motions to raise any claim, argument or defense in connection with the Motion to Quash. IT IS SO ORDERED. Entered at the direction of the Honorable Timothy M Cain on 12/21/23. (SKK) |
| Filing 19 Minute Entry. Proceedings held before Honorable Timothy M Cain: Motion Hearing held on 12/21/2023 re #8 MOTION to Transfer Case including Buergofol's Motion to Quash Non-Party Subpoena filed by Omega Liner Company, Inc, #1 MOTION to Quash filed by Buergofol GMBH. Motions taken under advisement. Court Reporter Debra Bull. (SKK) |
| Filing 16 NOTICE of Hearing on Motions: #1 MOTION to Quash, #8 MOTION to Transfer Case including Buergofol's Motion to Quash Non-Party Subpoena: Motion Hearing set for Thursday, 12/21/2023, 11:00 AM in G Ross Anderson Jr Court House, 315 S McDuffie St, Anderson before Honorable Timothy M Cain. (SKK) |
| Filing 13 REPLY to Response to Motion re #8 MOTION to Transfer case including Buergofol's Motion to Quash Non-Party Subpoena. Response filed by Omega Liner Company, Inc. (Attachments: #1 Exhibit A: June 7 Privilege Log, #2 Exhibit B: June 12 Privilege Log, #3 Exhibit C: South Dakota Motion to Compel Buergofol to Produce Privilege Log, #4 Exhibit D: South Dakota Buergofols Privilege Log Opposition, #5 Exhibit E: South Dakota Docket Sheet from Underlying Action as of July 3, 2023) (SKK) |
| Filing 12 RESPONSE in Opposition re #8 MOTION to Transfer case including Buergofol's Motion to Quash Non-Party Subpoena filed by Buergofol GmbH. (Attachments: #1 Exhibit Declaration of D Wallace) (SKK) |
| Filing 10 REPLY to Response to Motion re #1 MOTION to Quash. Response filed by Buergofol GmbH. (Attachments: #1 Exhibit Declaration of D Wallace) (SKK) |
| Filing 9 TEXT ORDER granting #7 Motion for Admission Pro Hac Vice. Attorney Darien K Wallace added for Plaintiff. Entered at the direction of the Honorable Timothy M Cain on 6/14/23. (SKK) |
| Filing 8 MOTION to Transfer Case including Buergofol's Motion to Quash Non-Party Subpoena by Omega Liner Company, Inc. (Attachments: #1 Exhibit 1: Declaration of Monte Bond with Exhibits A-J) (SKK) |
| Filing 7 MOTION for Attorney Darien K. Wallace to be Admitted Pro Hac Vice by Buergofol GmbH. (Attachments: #1 Affidavit and Application for Pro Hac Vice Admission by Darien K. Wallace, #2 Exhibit Certificate of Good Standing) (SKK) |
| Filing 6 NOTICE OF CHANGE OF CASE NUMBER from Miscellaneous Case number 6-23-mc-341-TMC to 6-23-cv-2559-TMC. (SKK) |
| Filing 3 RESPONSE to Motion re #1 MOTION to Quash filed by Omega Liner Company, Inc. (Attachments: #1 Exhibit 1: Email communication, #2 Exhibit 2: Declaration of Monte Bond with Exhibits A through D) (SKK) |
| Filing 2 CIVIL COVER SHEET (SKK) |
| Filing 1 MOTION to Quash by Buergofol GmbH. (Attachments: #1 Non-Party Subpoena) (SKK) |
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