PruvIT Ventures, Inc. v. ForeverGreen International LLC et al
PruvIT Ventures, Inc. |
ForeverGreen International LLC, Axcess Global Sciences, LLC, Terry LaCore, KetoTech, Inc., Brian Underwood, SavInd, Inc., LaCore Labs, LLC and Christopher N. Harding |
David Keyzer |
Billy Funk, Ray Dietrich, Robert Deboer and Michael Rutherford |
4:2015cv00571 |
August 24, 2015 |
US District Court for the Eastern District of Texas |
Sherman Office |
Collin |
Amos L Mazzant |
Christine A Nowak |
Contract: Recovery/Enforcement |
28 U.S.C. § 1331 Fed. Question: Tort Action |
Both |
Docket Report
This docket was last retrieved on April 26, 2016. A more recent docket listing may be available from PACER.
Document Text |
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Filing 146 ORDER OF DISMISSAL - Came on to be considered this day the Parties [Amended] Joint Motion to Dismiss with Prejudice (Dkt. #145). After considering the Joint Motion to Dismiss with Prejudice and the agreement of the Parties expressed therein, it is hereby ORDERED, ADJUDGED AND DECREED that the entirety of Plaintiffs claims against Defendants and the entirety of Defendants claims against Third-Party Defendants are hereby dismissed with prejudice. Costs are taxed against the party incurring the same. All relief not previously granted is hereby DENIED. The Clerk is directed to CLOSE this civil action. Signed by Judge Amos L. Mazzant, III on 4/26/2016. (baf, ) |
Filing 145 Joint MOTION to Dismiss With Prejudice by Axcess Global Sciences, LLC. (Attachments: #1 Text of Proposed Order Order granting Joint Motion to Dismiss)(Roberts, Charles) (Attachment 1 replaced on 4/20/2016) (baf, ). |
Filing 144 Joint MOTION to Dismiss With Prejudice by Axcess Global Sciences, LLC. (Attachments: #1 Text of Proposed Order)(Roberts, Charles) (Attachment 1 replaced on 4/18/2016) (baf, ). |
Filing 143 Redaction of #128 Transcript of hearing on Preliminary Injunction Motion held on 12/4/2015 before Magistrate Judge Nowak. (pad, ) |
Filing 142 ORDER granting #137 Motion to Redact Transcript re #127 Transcript and #128 Transcript. Signed by Magistrate Judge Christine A. Nowak on 4/5/2016. (pad, ) |
Filing 141 ORDER granting #139 Motion to Seal Exhibit A to Motion to Redact Transcript. Signed by Magistrate Judge Christine A. Nowak on 4/5/2016. (pad, ) |
Filing 140 Second MOTION to Amend/Correct Scheduling Order by ForeverGreen International LLC. (Attachments: #1 Text of Proposed Order)(Laycock, Larry) |
Filing 139 Unopposed MOTION to Seal Document #137 Unopposed MOTION to Redact #128 Transcript,,, of Dec. 4, 2015 Preliminary Injunction Hearing by Axcess Global Sciences, LLC. (Attachments: #1 Text of Proposed Order Proposed Order granting Axcess Global Sciences, LLC's Motion to file under seal)(Roberts, Charles) |
NOTICE of Deficiency regarding the Motion to File Under Seal, #136 submitted by the Defendant. The motion did not have a certificate of conference. Please make correction and refile. Correction should be made by one business day. (pad, ) |
Filing 138 SEALED ADDITIONAL ATTACHMENTS to Main Document: #137 Unopposed MOTION to Redact #128 Transcript,,, of Dec. 4, 2015 Preliminary Injunction Hearing. (Roberts, Charles) |
Filing 137 Unopposed MOTION to Redact #128 Transcript,,, of Dec. 4, 2015 Preliminary Injunction Hearing by Axcess Global Sciences, LLC. (Attachments: #1 Text of Proposed Order Proposed Order granting Axcess Global Sciences, LLC's Unopposed Motion to Redact Transcript)(Roberts, Charles) |
Filing 136 ***DEFICIENT DOCUMENT*** MOTION to Seal by Axcess Global Sciences, LLC. (Attachments: #1 Text of Proposed Order Proposed Order granting Axcess Global Sciences, LLC's Motion to file under seal)(Roberts, Charles) Modified on 4/4/2016 (pad, ). |
Set/Reset Hearings: Claim Construction Hearing (Markman Hearing) set for 7/21/2016 at 9:30 AM in Ctrm A01 (Sherman - Annex) before Magistrate Judge Christine A. Nowak. (baf, ) |
Filing 135 AMENDED SCHEDULING ORDER: Final Pretrial Conference set for 12/14/2016 at 9:00 AM in Ctrm 208 (Sherman) before Judge Amos L. Mazzant III. Amended Pleadings due by 5/12/2016. Discovery Deadline 8/22/2016. Expert Witness List due by 8/12/2016 for parties with the burden of proof and by 8/22/2016 for parties that do not bear the burden of proof. Proposed Jury instructions and Form of Verdict due by 11/30/206. Mediation Completion due by 8/5/2016. Claim Construction Hearing (Markman Hearing) set for 7/21/2016 at 9:30 AM in Ctrm A01 (Sherman - Annex) before Judge Christine A. Nowak. Dispositive Motions due by 7/27/2016. Joint Final Pretrial Order due by 11/9/2016. GRANTING #134 Joint MOTION to Extend Deadlines filed by ForeverGreen International LLC. Signed by Magistrate Judge Christine A. Nowak on 2/11/2016. (baf, ) Modified on 2/12/2016 (baf, ). |
Set/Reset Hearings: Claim Construction Hearing (Markman Hearing) set for 7/21/2016 at 9:30 AM in Ctrm A01 (Sherman - Annex) before Judge Christine A. Nowak. (baf, ) Modified on 2/12/2016 (baf, ). |
Filing 134 Joint MOTION to Extend Deadlines by ForeverGreen International LLC. (Attachments: #1 Text of Proposed Order)(Laycock, Larry) |
NOTICE of Deficiency regarding the STIPULATION TO EXTEND DEADLINES submitted DOCUMENT #133 - DOCUMENT WAS TITILED AND FILED AS A STIPULATION AND PROPOSED ORDER DID NOT COMPLY WITH OUR LOCAL RULES. - A MOTION IS REQUIRED Correction should be made by ONE BUSINESS DAY (baf, ) |
Filing 133 ***DEFICIENT DOCUMENT - ATTORNEY MUST REFILE***STIPULATION to Extend Deadlines by ForeverGreen International LLC. (Attachments: #1 Text of Proposed Order)(Laycock, Larry) Modified on 2/3/2016 (baf, ). |
Filing 132 ORDER - The Court hereby APPOINTS David Keyzer to the position of technical advisor in this case, with his costs to be assessed equally between Plaintiff and Defendants and timely paid as billed. The Parties are instructed to send courtesy copies of any claim construction briefing, as well as any technical tutorial materials, to Mr. Keyzer within one (1) business day of filing withthe Court. Courtesy copies are to be sent to Mr. Keyzer (david@keyzerlaw.com) by email only (no hard copies will be accepted). Signed by Magistrate Judge Christine A. Nowak on 1/19/2016. (baf, ) |
Filing 131 MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for #126 Report and Recommendations, DENYING #30 Motion for Preliminary Injunction. Signed by Judge Amos L. Mazzant, III on 1/19/2016. (baf, ) |
Filing 130 NOTICE of Intent to Request Redaction by Larry R Laycock re #127 Transcript,,, #128 Transcript,,,. (Laycock, Larry) |
Filing 129 ***DEFICIENT DOCUMENT - ATTORNEY MUST REFILE***NOTICE of Intent to Request Redaction by Larry R Laycock re #127 Transcript,,, #128 Transcript. (Laycock, Larry) Modified on 1/15/2016 (baf, ). |
NOTICE of Deficiency regarding the NOTICE OF INTENT TO REQUEST REDACTION submitted DOCUMENT #129 - NO CERTIFICATE OF SERVICE. Correction should be made by ONE BUSINESS DAY (baf, ) |
Filing 128 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Preliminary Injunction Motion (Volume 2 of 2) held on 12/4/2015 before Judge Nowak. Court Reporter/Transcriber: Bryn & Associates,Telephone number: 903/712-2273. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/1/2016. Redacted Transcript Deadline set for 2/11/2016. Release of Transcript Restriction set for 4/8/2016. (pad, ) |
Filing 127 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Preliminary Injunction Motion (Volume 1 of 2) held on 12/3/2015 before Judge Nowak. Court Reporter/Transcriber: Bryn & Associates,Telephone number: 903/712-2273. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/1/2016. Redacted Transcript Deadline set for 2/11/2016. Release of Transcript Restriction set for 4/8/2016. (pad, ) |
Filing 126 REPORT AND RECOMMENDATIONS re #30 Emergency MOTION for Temporary Restraining Order , Expedited Discovery MOTION for Preliminary Injunction (Joint) filed by ForeverGreen International LLC. Signed by Magistrate Judge Christine A. Nowak on 12/23/2015. (kkc, ) |
Minute Entry for proceedings held before Magistrate Judge Christine A. Nowak: Telephonic Status Conference held on 12/22/2015 at 1:30pm. Appearing on behalf of the parties: Charles Roberts for Axcess Global; Jenifer Grace and Kelly Kubasta for Pruv-It; Tyson Hottinger and Adam Beckstrom for ForeverGreen; and General Counsel Shane Manwaring. Conference concluded at 1:36pm. (kkc, ) |
Filing 124 NOTICE of Designation of Mediator, Jeff Abrams, filed by PruvIT Ventures, Inc.. (Grace, Jenifer) |
Filing 123 REPLY to Response to Motion re #93 MOTION to Dismiss LaCore Lab's Crossclaim filed by ForeverGreen International LLC. (Hottinger, Tyson) |
Filing 122 ORDER OF DISMISSAL - It is hereby ORDERED, ADJUDGED AND DECREED that Axcess Globals claims against Third-Party Defendants SavInd, Inc. and KetoTech, Inc. are hereby dismissed without prejudice. Costs are taxed against the party incurring the same. Signed by Judge Amos L. Mazzant, III on 12/14/2015. (baf, ) |
Filing 121 ORDER - GRANTING #119 Motion Re Designation of Preliminary Injunction Exhibits Under Protective Order. It is therefore ORDERED that the following exhibits filed at the Preliminary Injunction Hearing are designated as CONFIDENTIAL ATTORNEYS EYES ONLY:PruvIT Ventures, Inc.s Exhibits: 4, 19.14, 19.21, 20, 24, 34, 37, 40, 52, 60, 62, 87, 110, 127, and 244.. Signed by Magistrate Judge Christine A. Nowak on 12/14/2015. (baf, ) |
Filing 120 NOTICE of Voluntary Dismissal by Axcess Global Sciences, LLC (Roberts, Charles) |
Filing 119 Unopposed MOTION for Designation of PI Exhibits Under Protective Order by Axcess Global Sciences, LLC. (Attachments: #1 Text of Proposed Order)(Roberts, Charles) |
Filing 118 ORDER SETTING TELEPHONIC STATUS CONFERENCE - TELEPHONIC Status Conference set for 12/22/2015 at 1:30 PM before Magistrate Judge Christine A. Nowak. Signed by Magistrate Judge Christine A. Nowak on 12/10/2015. (baf, ) |
Filing 117 NOTICE by PruvIT Ventures, Inc. Concerning preliminary injunction exhibits (Binford, John) |
Filing 116 RESPONSE to Motion re #93 MOTION to Dismiss LaCore Lab's Crossclaim filed by LaCore Labs, LLC. (Kubasta, Kelly) |
Filing 115 ORDER - GRANTING #106 Motion to Preclude Undisclosed Expert Witness. It is further ORDERED that Dr. Edwin Flores, Michelle LeSueur, and Shane Manwaring are precluded from testifying at the Hearing. Signed by Magistrate Judge Christine A. Nowak on 12/7/2015. (baf, ) |
NOTICE of Deficiency regarding the STIPULATION CONCERNING PRELIMINARY INJUNCTION EXHIBITS submitted DOCUMENT #113 - A MOTION IS REQUIRED. Correction should be made by ONE BUSINESS DAY (baf, ) |
Filing 114 NOTICE by ForeverGreen International LLC Dedesignating Preliminary Injunction Exhibits (Hottinger, Tyson) |
Filing 113 ***DEFICIENT DOCUMENT - ATTORNEY MUST REFILE***STIPULATION on Exhibits at PI Hearing by PruvIT Ventures, Inc.. (Grace, Jenifer) Modified on 12/7/2015 (baf, ). |
Filing 125 Minute Entry for proceedings held before Magistrate Judge Christine A. Nowak: Evidentiary Hearing held on 12/3/2015 and continued on 12/4/2015. Court adjourned at 5:49pm. Court took matter under advisement. Order will be issued. (Court Reporter Digital, K.Conrad.) (kkc, ) |
Filing 112 Exhibit List for Preliminary Injunction Hearing by PruvIT Ventures, Inc... (Kubasta, Kelly) |
Filing 111 NOTICE by ForeverGreen International LLC Designation of Preliminary Injunction Exhibits (Laycock, Larry) |
Filing 110 NOTICE by ForeverGreen International LLC Preliminary Injunctions Deposition Designations (Laycock, Larry) |
Filing 109 SUR-REPLY to Reply to Response to Motion re #106 MOTION to Preclude Undisclosed "Expert" Witness from Offering Testimony at Preliminary Injunction Hearing re #105 Witness List filed by PruvIT Ventures, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Davis, James) |
Filing 108 REPLY to Response to Motion re #106 MOTION to Preclude Undisclosed "Expert" Witness from Offering Testimony at Preliminary Injunction Hearing re #105 Witness List filed by ForeverGreen International LLC. (Attachments: #1 Declaration of Tyson K. Hottinger, #2 Exhibit 1, #3 Exhibit 2)(Laycock, Larry) |
Filing 107 RESPONSE in Opposition re #106 MOTION to Preclude Undisclosed "Expert" Witness from Offering Testimony at Preliminary Injunction Hearing re #105 Witness List filed by PruvIT Ventures, Inc.. (Attachments: #1 Exhibit A)(Davis, James) |
Filing 106 MOTION to Preclude Undisclosed "Expert" Witness from Offering Testimony at Preliminary Injunction Hearing re #105 Witness List by ForeverGreen International LLC. (Attachments: #1 Affidavit of Tyson Hottinger, #2 Exhibit 1 to Decl. of Hottinger, #3 Exhibit 2 to Decl. of Hottinger, #4 Exhibit 3 to Decl. of Hottinger, #5 Text of Proposed Order)(Laycock, Larry) |
Filing 105 Preliminary Injunction Hearing Witness List by PruvIT Ventures, Inc.. (Davis, James) |
Filing 104 ORDER - GRANTING #103 Motion for Leave to File Motion to Dismiss Out of Time. Signed by Magistrate Judge Christine A. Nowak on 11/30/2015. (baf, ) |
Filing 103 Unopposed MOTION for Leave to File Motion to Dismiss out of Time by SavInd, Inc.. (Attachments: #1 Text of Proposed Order)(Lawson, William) |
NOTICE of Deficiency regarding the MOTION FOR LEAVE TO FILE submitted DOCUMENT #98 - NO CERTIFICATE OF CONFERENCE. Correction should be made by ONE BUSINESS DAY (baf, ) |
Filing 102 Joint Notice re hearing on Motion for Preliminary Injunction Motion by Axcess Global Sciences, LLC. (Attachments: #1 Text of Proposed Order)(Roberts, Charles) Modified on 12/1/2015 (baf, ). |
Filing 101 SUR-REPLY to Reply to Response to Motion re #25 MOTION for Partial Summary Judgment filed by PruvIT Ventures, Inc.. (Davis, James) |
Filing 100 SUR-REPLY to Reply to Response to Motion re #22 MOTION for Judgment on the Pleadings filed by PruvIT Ventures, Inc.. (Davis, James) |
Filing 99 MOTION to Dismiss by SavInd, Inc.. (Attachments: #1 Exhibit A, #2 Text of Proposed Order Proposed Order Granting Motion to Dismiss)(Lawson, William) |
Filing 98 ***DEFICIENT DOCUMENT - ATTORNEY MUST REFILE*** MOTION for Leave to File Motion to Dismiss Out of Time by SavInd, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion for Leave)(Lawson, William) Modified on 11/27/2015 (baf, ). |
Filing 97 NOTICE of Attorney Appearance by William Michael Lawson on behalf of SavInd, Inc. (Lawson, William) |
Filing 96 Return of Service Executed as to SavInd, Inc., (by and through its Registered Agent, Savitri Boodram) on 11/3/2015, answer due: 11/24/2015. (baf, ) |
Filing 95 Robert Deboer's ANSWER to #26 Answer to Amended Complaint, Third Party Complaint, Counterclaim,,,,,, by Robert Deboer.(Hartmann, Clay) |
Filing 94 PROTECTIVE ORDER. Signed by Magistrate Judge Christine A. Nowak on 11/20/2015. (pad, ) |
Filing 93 MOTION to Dismiss LaCore Lab's Crossclaim by ForeverGreen International LLC. (Attachments: #1 Text of Proposed Order)(Laycock, Larry) |
Filing 92 REPLY to Response to Motion re #22 MOTION for Judgment on the Pleadings filed by Axcess Global Sciences, LLC. (Roberts, Charles) |
Filing 91 REPLY to Response to Motion re #25 MOTION for Partial Summary Judgment filed by Axcess Global Sciences, LLC. (Attachments: #1 Affidavit / Declaration of Charles L. Roberts, #2 Exhibit A to Roberts Declaration (Pruvit corp info), #3 Exhibit B to Roberts Declaration (Letter from counsel), #4 Affidavit / Declaration of Gary Millet, #5 Exhibit A to Millet Declaration (redacted royalty check))(Roberts, Charles) |
Filing 90 Michael Rutherford's ANSWER to #26 Answer to Amended Complaint, Third Party Complaint, Counterclaim,,,,,, by Michael Rutherford.(Hartmann, Clay) |
Filing 89 ORDER - GRANTING #76 Motion to Seal Document #69 Response in Opposition to Motion. Signed by Magistrate Judge Christine A. Nowak on 11/19/2015. (baf, ) |
Filing 88 ANSWER to #26 Answer to Amended Complaint, Third Party Complaint, Counterclaim,,,,,, by PruvIT Ventures, Inc..(Grace, Jenifer) |
Filing 87 ANSWER to #26 Answer to Amended Complaint, Third Party Complaint, Counterclaim,,,,,, , CROSSCLAIM against ForeverGreen International LLC by LaCore Labs, LLC.(Grace, Jenifer) |
Filing 86 ANSWER to #26 Answer to Amended Complaint, Third Party Complaint, Counterclaim,,,,,, by Terry LaCore.(Grace, Jenifer) |
Filing 85 ANSWER to #26 Answer to Amended Complaint, Third Party Complaint, Counterclaim,,,,,, by Brian Underwood.(Grace, Jenifer) |
Filing 84 ANSWER to #26 Answer to Amended Complaint, Third Party Complaint, Counterclaim,,,,,, by Christopher N. Harding.(Grace, Jenifer) |
Filing 83 ANSWER to #21 Answer to Amended Complaint, Third Party Complaint, Counterclaim,,, by PruvIT Ventures, Inc..(Grace, Jenifer) |
Filing 82 ANSWER to #21 Answer to Amended Complaint, Third Party Complaint, Counterclaim,,, by LaCore Labs, LLC.(Grace, Jenifer) |
Filing 81 ANSWER to #21 Answer to Amended Complaint, Third Party Complaint, Counterclaim,,, by Terry LaCore.(Grace, Jenifer) |
Filing 80 ANSWER to #21 Answer to Amended Complaint, Third Party Complaint, Counterclaim,,, by Brian Underwood.(Grace, Jenifer) |
Filing 79 ANSWER to #21 Answer to Amended Complaint, Third Party Complaint, Counterclaim,,, by Christopher N. Harding.(Grace, Jenifer) |
Set Hearings: Evidentiary Hearing on Preliminary Injunction Motion set for 12/3/2015 at 1:30 PM in Ctrm A01 (Sherman - Annex) before Magistrate Judge Christine A. Nowak. Claim Construction Hearing set for 5/26/2016 at 9:30 AM in Ctrm A01 (Sherman - Annex) before Magistrate Judge Christine A. Nowak. Rule 16 Management Conference set for 12/17/2015 at 1:30 PM in Ctrm A01 (Sherman - Annex) before Magistrate Judge Christine A. Nowak. (kls, ) |
Filing 78 Joint MOTION for Protective Order by Axcess Global Sciences, LLC. (Attachments: #1 Text of Proposed Order Proposed order (with disputed portion highlighted))(Roberts, Charles) |
Filing 77 SCHEDULING ORDER: Amended Pleadings due by 3/17/2016. Discovery Deadline 7/18/2016. Parties with burden of proof to designate Expert Witnessesother than claims construction experts and provide their expert witness reports, to include for ALL experts all information set out in Rule 26(2)(B) by 7/1/2016. Parties designate expert witnesses on issues for which the parties do not bear the burden of proof, and provide their expert witness report, to include for ALL experts all information set out in Rule 26(2)(B). Joinder of Parties due by 1/22/2016. Proposed Jury instructions and Form of Verdict due by 11/30/2016. Mediation Completion due by 6/16/2016. Deadline to Notify the Court of proposed mediator. Dispositive Motions and any other motions that may require a hearing due by 7/27/2016. Joint Final Pretrial Order due by 11/14/2016. Claim Construction Hearing set for 5/26/2016 at 9:30 AM in Ctrm 208 (Sherman) before Magistrate Judge Christine A. Nowak. Rule 16 Management Conference set for 12/17/2015 at 1:30 PM in Ctrm 208 (Sherman) before Magistrate Judge Christine A. Nowak. Final Pretrial Conference set for 12/14/2016 at 9:00 AM in Ctrm 208 (Sherman) before Judge Amos L. Mazzant III. Signed by Magistrate Judge Christine A. Nowak on 11/17/2015. (baf, ) |
Filing 76 Unopposed MOTION to Seal Document #69 Response in Opposition to Motion, by PruvIT Ventures, Inc.. (Attachments: #1 Text of Proposed Order)(Kubasta, Kelly) |
Filing 75 ORDER RE: TELEPHONIC STATUS CONFERENCE. Signed by Magistrate Judge Christine A. Nowak on 11/17/2015. (baf, ) |
Filing 74 NOTICE of Attorney Appearance by Clay Alfred Hartmann on behalf of Michael Rutherford (Hartmann, Clay) |
Set/Reset Scheduling Order Deadlines: Discovery due by 7/18/2016. Parties with burden of proof to designate Expert Witnesses other than claims construction experts and provide theirexpert witness reports, to include for ALL experts all information set out in Rule 26(2)(B). Parties designate expert witnesses on issues for which theparties do not bear the burden of proof, and provide their expert witness report, to include for ALL experts all information set out in Rule 26(2)(B) by 7/11/2016. Designation of Mediator due by 12/17/2015. (baf, ) |
Filing 73 NOTICE of Attorney Appearance by Kelly James Kubasta on behalf of PruvIT Ventures, Inc. (Kubasta, Kelly) |
Filing 72 AMENDED ORDER GRANTING JOINT STIPULATED MOTION RE EXPEDITED DISCOVERY - Pursuant to a telephonic status conference held on November 13, 2015, the Court amends its previous November 2, 2015 Expedited Discovery Order #57 . The following discovery deadlines are hereby ordered: Responses to Emergency Requests for Production of Documents and Third-Party Subpoenas on or before ten 9100 days from service. Evidentiary Hearing on the Preliminary Injunction Motion set for 12/3/2015 at 1:30 PM in Ctrm A01 (Sherman - Annex) before Magistrate Judge Christine A. Nowak. Serve Notices of Deposition 11/16/2015. Conduct Depositions 11/18/2015 - 12/1/2015. Signed by Magistrate Judge Christine A. Nowak on 11/16/2015. (baf, ) |
Filing 71 Return of Service Executed as to Robert Deboer on 10/30/2015, answer due: 11/20/2015. (baf, ) |
Filing 70 Return of Service Executed as to Michael Rutherford on 10/29/2015, answer due: 11/19/2015. (baf, ) |
Minute Entry for proceedings held before Magistrate Judge Christine A. Nowak: Telephonic Status Conference held on 11/13/2015 (12:01 pm - 12:48 pm), Counsel appearing via telephone for Plaintiff: John Binford, James Davis, Kelly Kubasta, Jennifer Grace; for Defendant: Larry Laycock, Adam Beckstrom, Tyson Hottinger, Charles Roberts. Court will enter order (CRD Keary Conrad). (Court Reporter Digital.) (dm, ) |
Filing 69 RESPONSE in Opposition re #25 MOTION for Partial Summary Judgment filed by PruvIT Ventures, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Kubasta, Kelly) (Additional attachment(s) added on 11/13/2015: #7 Text of Proposed Order) (baf, ). |
Filing 68 RESPONSE in Opposition re #22 MOTION for Judgment on the Pleadings filed by PruvIT Ventures, Inc.. (Kubasta, Kelly) (Additional attachment(s) added on 11/13/2015: #1 Text of Proposed Order) (baf, ). |
Filing 67 Joint NOTICE Regarding Hearing on Preliminary Injunction Motion Proposal re hearing on Motion for Preliminary Injunction by Axcess Global Sciences, LLC. (Roberts, Charles) Modified on 11/16/2015 (baf, ). |
Filing 66 REPORT of Rule 26(f) Planning Meeting. (Attachments: #1 Exhibit Proposed Scheduling Order)(Grace, Jenifer) |
Filing 65 ORDER granting #62 Motion for Leave to File Excess Pages. Signed by Magistrate Judge Christine A. Nowak on 11/06/2015. (kkc, ) |
Filing 64 RESPONSE in Opposition re #30 Emergency MOTION for Temporary Restraining Order , Expedited Discovery MOTION for Preliminary Injunction (Joint) (Second Corrected) filed by PruvIT Ventures, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Text of Proposed Order)(Binford, John) |
NOTICE of Deficiency regarding the RESPONSE submitted DOCUMENT #63 - THE CERTIFICATE OF SERVICE IS NOT SIGNED. Correction should be made by ONE BUSINESS DAY (baf, ) |
Filing 63 ***DEFICIENT DOCUMENT - ATTORNEY MUST REFILE***RESPONSE in Opposition re #30 Emergency MOTION for Temporary Restraining Order , Expedited Discovery MOTION for Preliminary Injunction (Joint) (Corrected) filed by PruvIT Ventures, Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Text of Proposed Order)(Binford, John) Modified on 11/6/2015 (baf, ). |
Filing 62 MOTION for Leave to File Excess Pages (Corrected) by PruvIT Ventures, Inc.. (Attachments: #1 Text of Proposed Order)(Binford, John) |
Filing 61 NOTICE of Attorney Appearance by James Ellis Davis on behalf of PruvIT Ventures, Inc. (Davis, James) |
Filing 60 ***DEFICIENT DOCUMENT - ATTORNEY MUST REFILE***RESPONSE in Opposition re #30 Emergency MOTION for Temporary Restraining Order , Expedited Discovery MOTION for Preliminary Injunction (Joint) filed by PruvIT Ventures, Inc.. (Attachments: #1 Appendix, #2 Text of Proposed Order)(Binford, John) Modified on 11/4/2015 (baf, ). |
Filing 59 ***DEFICIENT DOCUMENT - ATTORNEY MUST REFILE*** MOTION for Leave to File Excess Pages by PruvIT Ventures, Inc.. (Attachments: #1 Text of Proposed Order)(Binford, John) Modified on 11/4/2015 (baf, ). |
NOTICE of Deficiency regarding the RESPONSE submitted DOCUMENT #60 - ALL OF THE EXHIBITS ARE WITHIN ONE APPENDIX - EACH EXHIBIT MUST BE FILED AS A SEPARATE ATTACHMENT TO THE MAIN DOCUMENT. Correction should be made by ONE BUSINESS DAY (baf, ) |
NOTICE of Deficiency regarding the MOTION FOR LEAVE TO FILE submitted DOCUMENT #59 - NO CERTICATE OF CONFERENCE. Correction should be made by ONE BUSINESS DAY (baf, ) |
Filing 58 NOTICE of Attorney Appearance by Kelly James Kubasta on behalf of PruvIT Ventures, Inc. (Kubasta, Kelly) |
Filing 57 ORDER granting #56 Motion for Discovery. Signed by Magistrate Judge Christine A. Nowak on 11/2/2015. (kkc, ) |
Filing 56 Joint MOTION for Discovery (expedited) re Emergency Joint Motion for Temporary Restraining Order, Expedited Discovery, and Preliminary Injunction by Axcess Global Sciences, LLC and Forevergreen International, LLC by Axcess Global Sciences, LLC. (Attachments: #1 Text of Proposed Order proposed stipulated order)(Roberts, Charles) |
Filing 55 ORDER SETTING TELEPHONIC CONFERENCE for 11/10/2015 at 10:00 AM before Magistrate Judge Christine A. Nowak. Plaintiff shall file a response to #30 Emergency MOTION for Temporary Restraining Order , Expedited Discovery MOTION for Preliminary Injunction (Joint) no later than 5:00 p.m. on Wednesday, November 4, 2015, or notify the Court that there is no opposition. Signed by Magistrate Judge Christine A. Nowak on 10/29/2015. (baf, ) |
Filing 54 NOTICE by ForeverGreen International LLC of Service of Summons, Counterclaims, Third Party Claims, and TRO Related Documents (Hottinger, Tyson) |
Filing 53 ORDER granting #32 Motion to Seal Document. Signed by Magistrate Judge Christine A. Nowak on 10/28/2015. (kkc, ) |
Filing 52 ORDER granting Defendants' Joint #29 Motion for Leave to File Excess Pages. Signed by Magistrate Judge Christine A. Nowak on 10/28/2015. (kkc, ) |
Filing 51 ORDER granting #28 Forevergreen International's Unopposed Motion to File Under Seal. Signed by Magistrate Judge Christine A. Nowak on 10/28/2015. (kkc, ) |
Filing 50 ORDER granting #23 Axcess Global Sciences's Unopposed Motion to File Under Seal. Signed by Magistrate Judge Christine A. Nowak on 10/28/2015. (kkc, ) |
Filing 49 SUMMONS Issued as to Terry LaCore (ForeverGreen International, LLC, Third-party Plaintiff). (baf, ) |
Filing 48 SUMMONS Issued as to Robert Deboer (ForeverGreen International, LLC, Third-party Plaintiff). (baf, ) |
Filing 47 SUMMONS Issued as to Ray Dietrich (ForeverGreen International, LLC, Third-party Plaintiff). (baf, ) |
Filing 46 SUMMONS Issued as to PruvIT Ventures, Inc. (ForeverGreen International, LLC, Third-party Plaintiff). (baf, ) |
Filing 45 SUMMONS Issued as to Michael Rutherford (ForeverGreen Internaitonal, LLC, Third-party Plaintiff). (baf, ) |
Filing 44 SUMMONS Issued as to LaCore Labs, LLC (ForeverGreen International, LLC, Third-party Plaintiff). (baf, ) |
Filing 43 SUMMONS Issued as to Christopher N. Harding (ForeverGreen International, LLC, Third-party Plaintiff). (baf, ) |
Filing 42 SUMMONS Issued as to Brian Underwood (ForeverGreen International, LLC, Third-party Plaintiff). (baf, ) |
Filing 41 SUMMONS Issued as to Billy Funk (ForeverGreen International, LLC, Third-party Plaintiff). (baf, ) |
Filing 40 SUMMONS Issued as to KetoTech, Inc. (Axcess Global Sciences, LLC, Third-party Plaintiff). (baf, ) |
Filing 39 SUMMONS Issued as to SavInd, Inc. (Axcess Global Sciences, LLC, Third-party Plaintiff). (baf, ) |
Filing 38 SUMMONS Issued as to Christopher N. Harding (Axcess Global Sciences, LLC, Third-party Plaintiff). (baf, ) |
Filing 37 SUMMONS Issued as to Brian Underwood (Axcess Global Sciences, LLC, Third-party Plaintiff). (baf, ) |
Filing 36 SUMMONS Issued as to Terry LaCore (Axcess Global Sciences, LLC, Third-party Plaintiff). (baf, ) |
Filing 35 SUMMONS Issued as to LaCore Labs, LLC. (Axcess Global Sciences, LLC, Third-party Plaintiff) (baf, ) |
Filing 34 SUMMONS Issued as to PruvIT Ventures, Inc. (Axcess Global Sciences, LLC, Third-party Plaintiff). (baf, ) |
Filing 33 ***PLEASE DISREGARD - FILED IN ERROR BY ATTORNEY***NOTICE by ForeverGreen International LLC re #30 Emergency MOTION for Temporary Restraining Order , Expedited Discovery MOTION for Preliminary Injunction (Joint) ERRATA Re Exhibit (Attachments: #1 Exhibit C (correct Exhibit to the Declaration of Gary Millet))(Laycock, Larry) Modified on 10/27/2015 (baf, ). |
***FILED IN ERROR BY ATTORNEY. Document # 33, NOTICE. PLEASE IGNORE.*** (baf, ) |
In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (baf, ) |
Filing 32 Joint MOTION to Seal Document #31 Sealed Additional Attachments to Main Document,, by ForeverGreen International LLC. (Attachments: #1 Text of Proposed Order)(Laycock, Larry) |
Filing 31 SEALED ADDITIONAL ATTACHMENTS to Main Document: #30 Emergency MOTION for Temporary Restraining Order , Expedited Discovery MOTION for Preliminary Injunction (Joint). (Attachments: #1 Exhibit D & F to the Declaration of Gary Millet, #2 Exhibit A to Declaration of Ron Williams, #3 Exhibit B to Declaration of Ron Williams, #4 Exhibit C to Declaration of Ron Williams, #5 Exhibit H to Declaration of Ron Williams, #6 Exhibit K to Declaration of Ron Williams)(Laycock, Larry) |
Filing 30 Emergency MOTION for Temporary Restraining Order , Expedited Discovery, MOTION for Preliminary Injunction (Joint) by ForeverGreen International LLC. (Attachments: #1 Declaration of Dennis Jones, Ph.D., #2 Exhibit A to Decl. of Dennis Jones, #3 Exhibit B to Decl. of Dennis Jones, #4 Exhibit C to Decl. of Dennis Jones, #5 Declaration of Gary Millet, #6 Exhibit A to the Decl. of Gary Millet, #7 Exhibit B to the Decl. of Gary Millet, #8 Exhibit C to the Decl. of Gary Millet, #9 Exhibit D to the Decl. of Gary Millet (FILED UNDER SEAL), #10 Exhibit E to the Decl. of Gary Millet, #11 Exhibit F to the Decl. of Gary Millet (FILED UNDER SEAL), #12 Exhibit G to the Decl. of Gary Millet, #13 Declaration of Ron Williams, #14 Exhibit A to the Decl. of Ron Williams, #15 Exhibit B to the Decl. of Ron Williams, #16 Exhibit C to the Decl. of Ron Williams, #17 Exhibit D to the Decl. of Ron Williams, #18 Exhibit E to the Decl. of Ron Williams, #19 Exhibit F to the Decl. of Ron Williams, #20 Exhibit G to the Decl. of Ron Williams, #21 Exhibit H to the Decl. of Ron Williams, #22 Exhibit I to the Decl. of Ron Williams, #23 Exhibit J to the Decl. of Ron Williams, #24 Exhibit K to the Decl. of Ron Williams, #25 Exhibit L to the Decl. of Ron Williams, #26 Exhibit M to the Decl. of Ron Williams, #27 Text of Proposed Order)(Laycock, Larry) |
Filing 29 Joint MOTION for Leave to File Excess Pages by ForeverGreen International LLC. (Attachments: #1 Text of Proposed Order)(Laycock, Larry) |
Filing 28 Unopposed MOTION to Seal Document #27 Sealed Document by ForeverGreen International LLC. (Attachments: #1 Text of Proposed Order)(Laycock, Larry) |
Filing 27 Sealed Document. EXHIBIT A TO FOREVERGREEN INTERNATIONAL, LLC ANSWER, COUNTERCLAIMS AND THIRD-PARTY COMPLAINT (Laycock, Larry) |
Filing 26 ANSWER to #17 Amended Complaint , THIRD PARTY COMPLAINT against Brian Underwood, Terry LaCore, Christopher N. Harding, LaCore Labs, LLC, PruvIT Ventures, Inc., Billy Funk, Ray Dietrich, Robert Deboer, Michael Rutherford, COUNTERCLAIM against Christopher N. Harding, Terry LaCore, LaCore Labs, LLC, PruvIT Ventures, Inc., Brian Underwood, Billy Funk, Ray Dietrich, Robert Deboer, Michael Rutherford by ForeverGreen International LLC. (Attachments: #1 Exhibit A (Filed Under Seal))(Laycock, Larry) |
Filing 25 MOTION for Partial Summary Judgment by Axcess Global Sciences, LLC. (Attachments: #1 Affidavit of Charles Roberts, #2 Exhibit A to Roberts Affidavit, #3 Exhibit B to Roberts Affidavit, #4 Exhibit C to Roberts Affidavit, #5 Exhibit D to Roberts Affidavit, #6 Exhibit E to Roberts Affidavit, #7 Exhibit F to Roberts Affidavit, #8 Exhibit G to Roberts Affidavit, #9 Exhibit H to Roberts Affidavit, #10 Exhibit I to Roberts Affidavit, #11 Text of Proposed Order)(Roberts, Charles) |
Filing 24 SEALED ADDITIONAL ATTACHMENTS to Main Document: #23 Unopposed MOTION to Seal re Exhibit B to Motion for Judgment on the Pleadings Under Rules 9(b) and 12(c). (Roberts, Charles) |
Filing 23 Unopposed MOTION to Seal re Exhibit B to Motion for Judgment on the Pleadings Under Rules 9(b) and 12(c) by Axcess Global Sciences, LLC. (Attachments: #1 Text of Proposed Order)(Roberts, Charles) |
Filing 22 MOTION for Judgment on the Pleadings by Axcess Global Sciences, LLC. (Attachments: #1 Text of Proposed Order, #2 Exhibit A - Non-Exclusive Sublicense, #3 Exhibit B - (filed under seal), #4 Exhibit C - Notice of Termination, #5 Exhibit D - Sublicense re USF, #6 Exhibit E - Term Sheet, #7 Exhibit F - 11-29-2014 E-mail, #8 Exhibit G - 12-3-2014 E-mail, #9 Exhibit H - 12-4-14 E-mail, #10 Exhibit I - Declaration of Millet)(Roberts, Charles) |
Filing 21 ANSWER to #17 Amended Complaint , THIRD PARTY COMPLAINT against PruvIT Ventures, Inc., Terry LaCore, KetoTech, Inc., Brian Underwood, SavInd, Inc., LaCore Labs, LLC, Christopher N. Harding, COUNTERCLAIM against PruvIT Ventures, Inc. by Axcess Global Sciences, LLC.(Roberts, Charles) |
Filing 20 AMENDED ORDER GOVERNING PROCEEDINGS - Rule 26 Meeting Report due by 11/9/2015. Rule 16 Management Conference set for 12/17/2015 at 1:30 PM in Ctrm A01 (Sherman - Annex) before Magistrate Judge Christine A. Nowak. Signed by Magistrate Judge Christine A. Nowak on 10/16/2015. (baf, ) |
Filing 19 ORDER GOVERNING PROCEEDINGS - Rule 26 Meeting Report due by 11/9/2015. Rule 16 Management Conference set for 12/9/2015 at 3:30 PM in Ctrm A01 (Sherman - Annex) before Magistrate Judge Christine A. Nowak. Signed by Magistrate Judge Christine A. Nowak on 10/13/2015. (baf, ) |
Filing 18 NOTICE of Attorney Appearance by John David Binford on behalf of PruvIT Ventures, Inc. (Binford, John) |
Filing 17 AMENDED COMPLAINT against All Defendants, filed by PruvIT Ventures, Inc.. (Attachments: #1 Appendix, #2 Affidavit)(Grace, Jenifer) |
Filing 16 RESPONSE in Opposition re #11 MOTION to Dismiss filed by PruvIT Ventures, Inc.. (Grace, Jenifer) |
Filing 15 RESPONSE in Opposition re #13 MOTION to Dismiss filed by PruvIT Ventures, Inc.. (Grace, Jenifer) |
Filing 14 CORPORATE DISCLOSURE STATEMENT filed by Axcess Global Sciences, LLC identifying Other Affiliate Axcess Global, LLC for Axcess Global Sciences, LLC. (Roberts, Charles) |
Filing 13 MOTION to Dismiss by Axcess Global Sciences, LLC. (Attachments: #1 Text of Proposed Order)(Roberts, Charles) |
Filing 12 CORPORATE DISCLOSURE STATEMENT filed by ForeverGreen International LLC identifying Corporate Parent ForeverGreen Worldwide Corporation for ForeverGreen International LLC. (Laycock, Larry) |
Filing 11 MOTION to Dismiss by ForeverGreen International LLC. (Attachments: #1 Text of Proposed Order)(Laycock, Larry) |
Filing 10 NOTICE of Attorney Appearance - Pro Hac Vice by Charles L Roberts on behalf of Axcess Global Sciences, LLC. Filing fee $ 100, receipt number 0540-5382792. (Roberts, Charles) |
Filing 9 NOTICE of Attorney Appearance - Pro Hac Vice by Adam B Beckstrom on behalf of ForeverGreen International LLC. Filing fee $ 100, receipt number 0540-5382779. (Beckstrom, Adam) |
Filing 8 NOTICE of Attorney Appearance - Pro Hac Vice by Tyson K Hottinger on behalf of ForeverGreen International LLC. Filing fee $ 100, receipt number 0540-5382769. (Hottinger, Tyson) |
Filing 7 NOTICE of Attorney Appearance - Pro Hac Vice by Larry R Laycock on behalf of ForeverGreen International LLC. Filing fee $ 100, receipt number 0540-5382763. (Laycock, Larry) |
Filing 6 SUMMONS Issued as to ForeverGreen International LLC. (baf, ) |
Filing 5 SUMMONS Issued as to Axcess Global Sciences, LLC. (baf, ) |
Filing 4 CORPORATE DISCLOSURE STATEMENT filed by PruvIT Ventures, Inc. (Grace, Jenifer) |
Filing 3 ***PLEASE DISREGARD - FILED IN ERROR BY ATTORNEY***Additional Attachments to Main Document: #1 Complaint.. (Grace, Jenifer) Modified on 8/24/2015 (baf, ). |
Filing 2 Additional Attachments to Main Document: #1 Complaint.. (Grace, Jenifer) |
Filing 1 COMPLAINT against ForeverGreen International, Axcess Global Sciences, LLC ( Filing fee $ 400 receipt number 0540-5354203.), filed by PruvIT Ventures, Inc..(Grace, Jenifer) (Additional attachment(s) added on 8/24/2015: #1 Civil Cover Sheet) (baf, ). |
***FILED IN ERROR BY ATTORNEY. Document # 3, ADDITIONAL ATTACHMENT TO MAIN DOCUMENT. PLEASE IGNORE.*** (baf, ) |
Case ASSIGNED to Judge Amos L. Mazzant, III and REFERRED to Magistrate Judge Christine A. Nowak. (baf, ) |
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