Xerox Corporation v. Monument Peak Ventures, LLC
Plaintiff: Xerox Corporation
Defendant: Monument Peak Ventures, LLC
Case Number: 4:2021cv00683
Filed: September 1, 2021
Court: US District Court for the Eastern District of Texas
Office: Sherman Office
Presiding Judge: Sean D Jordan
Nature of Suit: Patent
Cause of Action: 28 U.S.C. § 2201
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on September 2, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 2, 2021 Opinion or Order Filing 51 NOTICE: Notice of Dismissal: Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), this civil case is dismissed without prejudice. The clerk will close and terminate this matter. (ldm)
September 1, 2021 Opinion or Order Filing 50 NOTICE of Voluntary Dismissal by Xerox Corporation (Smith, Melissa)
September 1, 2021 Opinion or Order Filing 49 Case transferred in from District of New York Western; Case Number 6:20-cv-06263. Original file certified copy of transfer order and docket sheet received.
September 1, 2021 Opinion or Order Case Assigned to District Judge Sean D. Jordan. (mcg)
September 1, 2021 Opinion or Order 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. (mcg)
September 1, 2021 Opinion or Order Notified Attorneys, Douglas J. Nash, John Joseph Pelligra, Thomas Hoehner, and David Rothenberg, Per GO 04-12, this court no longer accepts pleadings in paper form. The Clerk will no longer mail or fax notices or orders to parties. All notices and orders generated by this court shall be sent electronically. ***ATTORNEYS NOT ADMITTED TO PRACTICE IN OUR COURT - ATTORNEY ADMISSION LETTER SENT VIA EMAIL*** (mcg)
August 31, 2021 Opinion or Order Filing 48 DECISION & ORDER: Defendant's #31 Motion to Dismiss for Lack of Jurisdiction is GRANTED and this matter is TRANSFERRED to the Eastern District of Texas. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 08/31/2021. (SFR)-CLERK TO FOLLOW UP- [Transferred from New York Western on 9/1/2021.]
August 25, 2021 Opinion or Order Filing 47 Sealed Document/MEMORANDUM OF LAW re #34 RESPONSE/MEMORANDUM OF LAW (TF) [Transferred from New York Western on 9/1/2021.]
July 16, 2021 Opinion or Order Filing 46 NOTICE of Withdrawal of Attorney: Christopher E. Hanba no longer appearing for Defendant Monument Peak Ventures, LLC. CLERK TO FOLLOW UP. (Connor, Cabrach) [Transferred from New York Western on 9/1/2021.]
July 16, 2021 Opinion or Order Filing 45 NOTICE of Withdrawal of Attorney: Kevin S. Kudlac no longer appearing for Defendant Monument Peak Ventures, LLC. CLERK TO FOLLOW UP. (Connor, Cabrach) [Transferred from New York Western on 9/1/2021.]
July 1, 2021 Opinion or Order Filing 44 NOTICE of Withdrawal of Attorney: Catherine Y. Kim no longer appearing for Plaintiff Xerox Corporation. CLERK TO FOLLOW UP. (Hoehner, Thomas) [Transferred from New York Western on 9/1/2021.]
May 21, 2021 Opinion or Order Filing 43 NOTICE by Monument Peak Ventures, LLC re #42 Notice (Other), Responding to Supplemental Authority (Connor, Cabrach) [Transferred from New York Western on 9/1/2021.]
May 18, 2021 Opinion or Order Filing 42 NOTICE by Xerox Corporation re #31 MOTION to Dismiss for Lack of Jurisdiction (Personal) and Improper Venue (Notice of Supplemental Authority Regarding Defendant's Motion to Dismiss) (Attachments: #1 Exhibit A)(Krishnapriyan, Raghav) [Transferred from New York Western on 9/1/2021.]
February 1, 2021 Opinion or Order Filing 41 Sealed Documents. (Attachments: #1 Exhibit) re #38(TF) [Transferred from New York Western on 9/1/2021.]
February 1, 2021 Opinion or Order Filing 40 Sealed Documents. (Attachments: #1 Exhibits re #34(TF) [Transferred from New York Western on 9/1/2021.]
February 1, 2021 Opinion or Order Filing 39 ORDER granting #37 Motion to Seal. Signed by Hon. Frank P. Geraci, Jr. on 2/1/2021. (TF) [Transferred from New York Western on 9/1/2021.]
January 27, 2021 Opinion or Order Filing 38 REPLY to Response to Motion re #31 MOTION to Dismiss for Lack of Jurisdiction (Personal) and Improper Venue (Filed Under Seal) filed by Monument Peak Ventures, LLC. (Attachments: #1 Exhibit A - Declaration of Matthew DelGiorno (Filed Under Seal), #2 Exhibit B - Appellant's Brief in Trimble, Inc. v. PerDiemCo LLC, No. 2019-2164 (Fed. Cir.))(Connor, Cabrach) [Transferred from New York Western on 9/1/2021.]
January 27, 2021 Opinion or Order Filing 37 MOTION to Seal Reply Memorandum of Law in Support of Defendant's Renewed Motion to Dismiss and Exhibits by Monument Peak Ventures, LLC. (Attachments: #1 Text of Proposed Order)(Connor, Cabrach) [Transferred from New York Western on 9/1/2021.]
January 15, 2021 Opinion or Order Filing 36 ORDER granting #33 Motion to Seal. Signed by Hon. Frank P. Geraci, Jr. on 1/15/2021. (TF) [Transferred from New York Western on 9/1/2021.]
January 13, 2021 Opinion or Order Filing 35 DECLARATION signed by R. Krishnapriyan re #34 Response in Opposition to Motion,, filed by Xerox Corporation filed by Xerox Corporation. (Pelligra, John) [Transferred from New York Western on 9/1/2021.]
January 13, 2021 Opinion or Order Filing 34 RESPONSE in Opposition re #31 MOTION to Dismiss for Lack of Jurisdiction (Personal) and Improper Venue (Filed Under Seal) filed by Xerox Corporation. (Attachments: #1 Exhibit Filed under Seal, #2 Exhibit Filed under Seal, #3 Exhibit NYS Division of Corporations Entity Information, #4 Exhibit Filed under Seal, #5 Exhibit Filed under Seal, #6 Exhibit Filed under Seal, #7 Exhibit Filed under Seal, #8 Exhibit Fed. Cir. Patent Decisions in 2019: An Empirical Review, #9 Exhibit LinkedIn Profile of Y. Kohara)(Pelligra, John) [Transferred from New York Western on 9/1/2021.]
January 13, 2021 Opinion or Order Filing 33 MOTION to Seal Memorandum of Law in Opposition to Defendant's Renewed Motion to Dismiss and Exhibits by Xerox Corporation. (Attachments: #1 Text of Proposed Order)(Pelligra, John) [Transferred from New York Western on 9/1/2021.]
December 16, 2020 Opinion or Order Filing 32 TEXT SCHEDULING ORDER: On 12/14/2020, Defendant filed a Motion to Dismiss #31 . Plaintiff has until 01/13/2021 to file a response, and Defendant may file a reply by 01/27/2021. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 12/16/2020. (SFR) [Transferred from New York Western on 9/1/2021.]
December 14, 2020 Opinion or Order Filing 31 MOTION to Dismiss for Lack of Jurisdiction (Personal) and Improper Venue by Monument Peak Ventures, LLC. (Attachments: #1 Memorandum in Support, #2 Declaration of Matthew DelGiorno in Support of Defendant's Renewed Motion to Dismiss for Lack of Personal Jurisdiction)(Connor, Cabrach) [Transferred from New York Western on 9/1/2021.]
September 1, 2020 Opinion or Order Filing 30 TEXT ORDER approving parties' proposed schedule for jurisdictional discovery #29 . SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 9/1/2020. (MFM) [Transferred from New York Western on 9/1/2021.]
August 31, 2020 Opinion or Order Filing 29 NOTICE by Xerox Corporation re #28 Order on Motion to Dismiss/Lack of Jurisdiction,,, Order on Motion for Pro Hac Vice,,,,, PROPOSED SCHEDULE FOR JURISDICTIONAL DISCOVERY (Krishnapriyan, Raghav) [Transferred from New York Western on 9/1/2021.]
August 18, 2020 Opinion or Order Filing 28 DECISION AND ORDER: The applications of Mr. Krishnapriyan and Ms. Kim to be admitted pro hac vice to this Court (ECF Nos. 25, 26) are GRANTED for the purpose of representing Xerox in this action. Defendant's motion to dismiss #13 is DENIED WITHOUT PREJUDICE. Plaintiff's request for jurisdictional discovery is GRANTED IN PART as described herein. See Order for further details and deadlines re: jurisdictional discovery. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 8/18/2020. (MFM)-CLERK TO FOLLOW UP- [Transferred from New York Western on 9/1/2021.]
August 13, 2020 Opinion or Order Filing 27 REPLY/RESPONSE to re #13 MOTION to Dismiss for Lack of Jurisdiction filed by Monument Peak Ventures, LLC. (Attachments: #1 Declaration Second Declaration of David Pridham In Support of MPV's Motion to Dismiss)(Connor, Cabrach) [Transferred from New York Western on 9/1/2021.]
August 4, 2020 Opinion or Order Verified admission to the California State Bar for Attorney's Catherine Y. Kim and Raghav Krishnapriyan. (MD) [Transferred from New York Western on 9/1/2021.]
August 3, 2020 Opinion or Order Filing 26 MOTION to appear pro hac vice for Raghav Krishnapriyan ( Filing fee $ 200 receipt number 0209-3925125.) by Xerox Corporation. (Attachments: #1 Exhibit Admission Petition, #2 Exhibit Sponsoring Affidavit, #3 Exhibit Attorney Oath, #4 Exhibit Database Form, #5 Exhibit Civility Principles and Guidance Oath)(Pelligra, John) [Transferred from New York Western on 9/1/2021.]
August 3, 2020 Opinion or Order Filing 25 MOTION to appear pro hac vice for Catherine Y. Kim ( Filing fee $ 200 receipt number 0209-3925101.) by Xerox Corporation. (Attachments: #1 Exhibit Admission Petition, #2 Exhibit Sponsoring Affidavit, #3 Exhibit Attorney Oath, #4 Exhibit Civility Principles and Guidance Oath, #5 Exhibit Database Form)(Pelligra, John) [Transferred from New York Western on 9/1/2021.]
July 30, 2020 Opinion or Order Filing 24 RESPONSE in Opposition re #13 MOTION to Dismiss for Lack of Jurisdiction filed by Xerox Corporation. (Attachments: #1 Declaration Declaration of Ryan M. Kent in Support, #2 Declaration Declaration of Christopher D. Atwood in Support, #3 Exhibit Dominion Harbor Group, #4 Exhibit Dominion Harbor - MPV, #5 Exhibit Kodak Print Offices, #6 Exhibit Dominion Harbor CEO to Participate, #7 Exhibit DH Certificate of Formation, #8 Exhibit Monument Patent Holding Certificate of Formation, #9 Exhibit Monument Peak Venture's Certificate of Formation, #10 Exhibit DH Enterprises Certificate of Formation, #11 Exhibit Dominion Harbor Press Release Regarding Liberty Peak Ventures, #12 Exhibit American Express)(Pelligra, John) [Transferred from New York Western on 9/1/2021.]
July 27, 2020 Opinion or Order Filing 23 NOTICE of Appearance by John Joseph Pelligra on behalf of Xerox Corporation (Pelligra, John) [Transferred from New York Western on 9/1/2021.]
July 24, 2020 Opinion or Order Filing 22 ORDER granting pro hac vice motions (ECF Nos. 19, 20, 21) and denying as moot previous limited-admission motions (ECF Nos. 15, 16, 17). SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 7/24/2020. (MFM)-CLERK TO FOLLOW UP- [Transferred from New York Western on 9/1/2021.]
July 24, 2020 Opinion or Order Filing 21 MOTION to appear pro hac vice for Kevin Sean Kudlac, Esq. ( Filing fee $ 200 receipt number 0209-3915051.) by Monument Peak Ventures, LLC. (Attachments: #1 Exhibit A-D)(Rothenberg, David) [Transferred from New York Western on 9/1/2021.]
July 24, 2020 Opinion or Order Filing 20 MOTION to appear pro hac vice Cabrach John Connor, Esq. ( Filing fee $ 200 receipt number 0209-3915042.) by Monument Peak Ventures, LLC. (Attachments: #1 Exhibit A-D)(Rothenberg, David) [Transferred from New York Western on 9/1/2021.]
July 24, 2020 Opinion or Order Filing 19 MOTION to appear pro hac vice for Christopher Edward Hanba, Esq. ( Filing fee $ 200 receipt number 0209-3915023.) by Monument Peak Ventures, LLC. (Attachments: #1 Exhibit A-D)(Rothenberg, David) [Transferred from New York Western on 9/1/2021.]
July 24, 2020 Opinion or Order E-Filing Notification: #15 MOTION for Limited Admission of Christopher Edward Hanba, Esq., #17 MOTION for Limited Admission of Kevin Sean Kudlac, Esq., #16 MOTION for Limited Admission of Cabrach John Connor, Esq. E-Filing Notification: regarding MOTION to appear pro hac vice of. The Court's forms must be used found on our website at www.nywd.uscourts.gov or if retyped be identical. Action required: please resubmit the following forms using the Continuation of Exhibits event for each Attorney seeking Pro Hac Vice admission: Sponsoring Affidavit (MD) [Transferred from New York Western on 9/1/2021.]
July 24, 2020 Opinion or Order E-Filing Notification: Incorrect event used to electronically file document. Refile documents using Motion to appear pro hac vice event and pay appropriate fee. Action required RE #15 MOTION for Limited Admission of Christopher Edward Hanba, Esq., #17 MOTION for Limited Admission of Kevin Sean Kudlac, Esq., #16 MOTION for Limited Admission of Cabrach John Connor, Esq. (TF) [Transferred from New York Western on 9/1/2021.]
July 23, 2020 Opinion or Order Filing 18 Corporate Disclosure Statement by Monument Peak Ventures, LLC identifying Corporate Parent Monument Patent Holdings, LLC for Monument Peak Ventures, LLC.. (Rothenberg, David) [Transferred from New York Western on 9/1/2021.]
July 23, 2020 Opinion or Order Filing 17 MOTION for Limited Admission of Kevin Sean Kudlac, Esq. by Monument Peak Ventures, LLC. (Attachments: #1 Exhibit A-D)(Rothenberg, David) [Transferred from New York Western on 9/1/2021.]
July 23, 2020 Opinion or Order Filing 16 MOTION for Limited Admission of Cabrach John Connor, Esq. by Monument Peak Ventures, LLC. (Attachments: #1 Exhibit A-D)(Rothenberg, David) [Transferred from New York Western on 9/1/2021.]
July 23, 2020 Opinion or Order Filing 15 MOTION for Limited Admission of Christopher Edward Hanba, Esq. by Monument Peak Ventures, LLC. (Attachments: #1 Exhibit A-D)(Rothenberg, David) [Transferred from New York Western on 9/1/2021.]
July 22, 2020 Opinion or Order ATTENTION CORPORATION PLAINTIFFS/DEFENDANTS: All Corporate Disclosure Statements pursuant to Fed.R.Civ.7.1(b) are to be filed within seven(7) days of this notice. (MD) [Transferred from New York Western on 9/1/2021.]
June 30, 2020 Opinion or Order Filing 14 TEXT SCHEDULING ORDER: On 6/29/2020, Defendant filed a Motion to Dismiss #13 . Plaintiff has until 7/30/2020 to file a response, and Defendant may file a reply by 8/13/2020. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 6/30/2020. (MFM) [Transferred from New York Western on 9/1/2021.]
June 29, 2020 Opinion or Order Filing 13 MOTION to Dismiss for Lack of Jurisdiction by Monument Peak Ventures, LLC. (Attachments: #1 Declaration Declaration of David Pridham in Support of MPV's Motion to Dismiss 6.29.20, #2 Exhibit Exhibit 1 - to Pridham Dec. - emails, #3 Exhibit Exhibit 2 - to Pridham Dec. DHG Xerox Emails June 24, 2019 - April 27, 2020_redacted, #4 Exhibit Exhibit 3 - to Pridham Dec. CDA-Xerox-DHG 2016 04 07 (Fully Executed)_Redacted, #5 Memorandum in Support)(Rothenberg, David) [Transferred from New York Western on 9/1/2021.]
June 22, 2020 Opinion or Order Filing 12 TEXT ORDER adopting #11 Stipulation. Defendant now has until June 29, 2020 to respond to the complaint. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 6/22/2020. (MFM) [Transferred from New York Western on 9/1/2021.]
June 22, 2020 Opinion or Order Filing 11 STIPULATION that Defendants time to answer, move, or otherwise respond to, the Complaint shall be extended from June 22, 2020, to June 29, 2020 by Xerox Corporation. (Nash, Douglas) [Transferred from New York Western on 9/1/2021.]
May 12, 2020 Opinion or Order Filing 10 TEXT ORDER adopting #9 Stipulation. Defendant now has until 6/22/2020 to respond to the complaint. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 5/11/2020. (MFM) [Transferred from New York Western on 9/1/2021.]
May 11, 2020 Opinion or Order Filing 9 STIPULATION of Additional Time for Defendant to Respond to Complaint by Xerox Corporation. (Nash, Douglas) [Transferred from New York Western on 9/1/2021.]
May 6, 2020 Opinion or Order Filing 8 SUMMONS Returned Executed by Xerox Corporation. Monument Peak Ventures, LLC served on 4/30/2020, answer due 5/21/2020. (Nash, Douglas) [Transferred from New York Western on 9/1/2021.]
April 24, 2020 Opinion or Order Filing 7 Report on the Filing or Determination of Patent or Trademark Case sent to USPTO. (Attachments: #1 complaint)(CGJ) [Transferred from New York Western on 9/1/2021.]
April 24, 2020 Opinion or Order Filing 6 Summons Issued as to Monument Peak Ventures, LLC. (CGJ) [Transferred from New York Western on 9/1/2021.]
April 24, 2020 Opinion or Order AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(CGJ) [Transferred from New York Western on 9/1/2021.]
April 24, 2020 Opinion or Order Case assigned to Hon. Frank P. Geraci, Jr. Notification to Chambers of on-line civil case opening. (CGJ) [Transferred from New York Western on 9/1/2021.]
April 24, 2020 Opinion or Order Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. (CGJ) [Transferred from New York Western on 9/1/2021.]
April 23, 2020 Opinion or Order Filing 5 NOTICE of Appearance by Thomas Hoehner on behalf of Xerox Corporation (Hoehner, Thomas) [Transferred from New York Western on 9/1/2021.]
April 23, 2020 Opinion or Order Filing 4 Corporate Disclosure Statement by Xerox Corporation identifying Corporate Parent Xerox Holdings Corporation for Xerox Corporation.. (Nash, Douglas) [Transferred from New York Western on 9/1/2021.]
April 23, 2020 Opinion or Order Filing 3 Original Summons Filed. (Nash, Douglas) [Transferred from New York Western on 9/1/2021.]
April 23, 2020 Opinion or Order Filing 2 NOTICE by Xerox Corporation re #1 Complaint,, Civil Cover Sheet (Nash, Douglas) [Transferred from New York Western on 9/1/2021.]
April 23, 2020 Opinion or Order Filing 1 COMPLAINT FOR DECLARATORY JUDGMENT against Monument Peak Ventures, LLC $ 400 receipt number 0209-3810139, filed by Xerox Corporation. (Attachments: #1 Exhibit U.S. Patent No. 5,923,908, #2 Exhibit U.S. Patent No. 6,157,436, #3 Exhibit U.S. Patent No. 6,215,559, #4 Exhibit U.S. Patent No. 6,396,599, #5 Exhibit U.S. Patent No. 6,873,336, #6 Exhibit U.S. Patent No. 7,006,890, #7 Exhibit U.S. Patent No. 7,092,966, #8 Exhibit U.S. Patent No. 7,684,090)(Nash, Douglas) [Transferred from New York Western on 9/1/2021.]

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Plaintiff: Xerox Corporation
Represented By: Catherine Yongchu Kim
Represented By: Raghav R Krishnapriyan
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Defendant: Monument Peak Ventures, LLC
Represented By: Cabrach John Connor
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