Terrestrial Comms LLC v. NEC Corporation
| Terrestrial Comms LLC |
| NEC Corporation of America and NEC Corporation |
| 3:2020cv01620 |
| June 18, 2020 |
| US District Court for the Northern District of Texas |
| Dallas Office |
| David C Godbey |
| Property Rights: Patent |
| 35 U.S.C. § 271 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 23, 2020. A more recent docket listing may be available from PACER.
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Filing 42
ORDER: The parties have announced that this case has been resolved. The joint motion to stay #41 is granted. Any trial setting and scheduling order are vacated. The parties have sixty days to file dismissal papers. (Ordered by Judge David C Godbey on 7/23/2020) (oyh)
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| Filing 41 Joint NOTICE of Settlement in Principle and Stipulation to Stay All Future Deadlines filed by NEC Corporation, NEC Corporation of America (Attachments: #1 Proposed Order) (Gearing, Brian) Modified event text on 7/23/2020 (oyh). |
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Filing 40
ORDER REQUIRING STATUS AND SCHEDULING CONFERENCE: The parties are directed to confer within 14 days of the date of this Order and report to the Court within 14 days after the conference the parties' position. (Ordered by Judge David C Godbey on 7/16/2020) (oyh)
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| Filing 39 Brief/Memorandum in Support filed by NEC Corporation re #38 MOTION to Dismiss for Lack of Personal Jurisdiction Under Rule 12(b)(2) and Insufficient Service of Process Under Rule 12(b)(5) MOTION for Reconsideration re #24 ORDER GRANTING #18 Motion for Leave to Effect Alternative Service (Attachments: #1 Declaration(s) of Koichi Takahashi) (Gearing, Brian) Modified text on 7/16/2020 (ykp). |
| Filing 38 MOTION to Dismiss for Lack of Personal Jurisdiction Under Rule 12(b)(2) and Insufficient Service of Process Under Rule 12(b)(5), MOTION for Reconsideration re #24 ORDER GRANTING #18 Motion for Leave to Effect Alternative Service filed by NEC Corporation (Attachments: #1 Proposed Order) (Gearing, Brian) Modified text on 7/16/2020 (ykp). |
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Filing 37
ELECTRONIC ORDER granting #35 Application for Admission Pro Hac Vice of Brian P. Gearing. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge David C Godbey on 7/10/2020) (chmb)
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| Filing 36 ADDITIONAL ATTACHMENTS to #35 Application for Admission Pro Hac Vice by Defendants NEC Corporation, NEC Corporation of America. (Attachments: #1 Certificate of Good Standing) (Gearing, Brian) |
| Filing 35 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-10949084) filed by NEC Corporation, NEC Corporation of America (Gearing, Brian) |
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Filing 34
ELECTRONIC ORDER granting #31 Motion leave to proceed without local counsel. (Ordered by Judge David C Godbey on 6/26/2020) (chmb)
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| Filing 33 NOTICE of Attorney Appearance by Hao Ni on behalf of Terrestrial Comms LLC. (Filer confirms contact info in ECF is current.) (Ni, Hao) |
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Filing 32
ELECTRONIC ORDER granting #30 Motion for Extension of Time to File Response. Defendants' response to the Complaint due August 1, 2020. (Ordered by Judge David C Godbey on 6/23/2020) (chmb)
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| Filing 31 MOTION for Leave to Proceed Without Local Counsel filed by NEC Corporation, NEC Corporation of America (Attachments: #1 Proposed Order) (Jones, Michael) |
| Filing 30 Unopposed Motion for Extension of Time to File Answer filed by Terrestrial Comms LLC (Attachments: #1 Proposed Order) (Mort, Raymond) |
| Filing 29 SUMMONS Returned Executed as to NEC Corporation ; served on 6/17/2020. (Attachments: #1 Exhibit(s), #2 Exhibit(s)) (Mort, Raymond) |
| Filing 28 Report to Patent/Trademark Office of Initiating Document. Form AO 120 e-mailed to notice_of_suit@uspto.gov. (ndt) |
| Filing 27 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (ndt) |
| Filing 26 Case electronically transferred in from District of Texas Western; Case Number 6:19-cv-00597. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Copy of NEF to be sent US Mail to parties not electronically noticed. |
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Filing 25
ORDER Granting Alternative motion to Transfer Venue in #12 MOTION to Dismiss filed by NEC Corporation of America. Case is transferred to the Northern District of Texas. Signed by Judge Alan D Albright. (lad) [Transferred from Texas Western on 6/18/2020.]
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Filing 24
ORDER GRANTING #18 Motion for Leave to Effect Alternative Service. Signed by Judge Alan D Albright. (lad) [Transferred from Texas Western on 6/18/2020.]
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| Filing 23 REPLY to Response to Motion, filed by Terrestrial Comms LLC, re #18 Opposed MOTION for Leave to Effectuate Alternate Service on NEC Corporation filed by Plaintiff Terrestrial Comms LLC (Mort, Raymond) [Transferred from Texas Western on 6/18/2020.] |
| Filing 22 Unopposed MOTION to Substitute an Inadvertently Filed Exhibit #21 - EMERGENCY by NEC Corporation. (Attachments: #1 Exhibit C - April 22, 220 E-mail, #2 Proposed Order)(Gearing, Brian) [Transferred from Texas Western on 6/18/2020.] |
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Text Order GRANTING #22 Motion to Substitute entered by Judge Alan D Albright. Before the Court is Defendant NEC Corporation's Unopposed Emergency Motion to Substitute an Inadvertently Filed Exhibit. The Court GRANTS the motion. The Clerk's Office is directed to substitute Ex. C in the original motion with Ex. C in the emergency motion. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jy) [Transferred from Texas Western on 6/18/2020.]
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| Filing 21 Response in Opposition to Motion, filed by NEC Corporation, re #18 Opposed MOTION for Leave to Effectuate Alternate Service on NEC Corporation filed by Plaintiff Terrestrial Comms LLC (Attachments: #1 Ex. A - WDTX Docket, #2 Ex. B - Dec. 2019 E-mail, #3 Ex. C - April 22, 2020 E-mail, #4 Ex. D - Convention done at The Hague November 15 1965, #5 Ex. E - Methods for a Court of a Foreign State to Request Japan.., #6 Ex. F - 2008japan14, #7 Ex. G - HCCH _ Authority, #8 Ex. H - HCCH _ #14 - Status table, #9 Proposed Order)(Gearing, Brian) (Attachment 3 replaced on 5/1/2020 pursuant to text order dated 4/30/2020) (lad). [Transferred from Texas Western on 6/18/2020.] |
| Filing 20 NOTICE of Attorney Appearance by Michael E. Jones on behalf of NEC Corporation. Attorney Michael E. Jones added to party NEC Corporation(pty:dft) (Jones, Michael) [Transferred from Texas Western on 6/18/2020.] |
| Filing 19 NOTICE of Attorney Appearance by Brian Paul Gearing on behalf of NEC Corporation. Attorney Brian Paul Gearing added to party NEC Corporation(pty:dft) (Gearing, Brian) [Transferred from Texas Western on 6/18/2020.] |
| Filing 18 Opposed MOTION for Leave to Effectuate Alternate Service on NEC Corporation by Terrestrial Comms LLC. (Attachments: #1 Exhibit, #2 Proposed Order)(Mort, Raymond) [Transferred from Texas Western on 6/18/2020.] |
| Filing 17 STANDING ORDER from U.S. District Judge Alan D. Albright regarding scheduled civil hearings. (tada) [Transferred from Texas Western on 6/18/2020.] |
| Filing 16 NOTICE Regarding Service by Terrestrial Comms LLC re #6 Summons Returned Executed (Mort, Raymond) [Transferred from Texas Western on 6/18/2020.] |
| Filing 15 RESPONSE to Motion, filed by Terrestrial Comms LLC, re #12 MOTION to Dismiss Plaintiff's Complaint, or Alternative to Transfer Venue to the Northern District of Texas filed by Defendant NEC Corporation of America (Attachments: #1 Proposed Order)(Mort, Raymond) [Transferred from Texas Western on 6/18/2020.] |
| Filing 14 DEFICIENCY NOTICE: re #13 Response to Motion (lad) [Transferred from Texas Western on 6/18/2020.] |
| Filing 13 RESPONSE to Motion, filed by Terrestrial Comms LLC, re #12 MOTION to Dismiss Plaintiff's Complaint, or Alternative to Transfer Venue to the Northern District of Texas filed by Defendant NEC Corporation of America (Attachments: #1 Proposed Order)(Mort, Raymond) [Transferred from Texas Western on 6/18/2020.] |
| Filing 12 MOTION to Dismiss Plaintiff's Complaint, or Alternative to Transfer Venue to the Northern District of Texas by NEC Corporation of America. (Attachments: #1 Affidavit Thomas Declaration, #2 Proposed Order)(Jones, Michael) [Transferred from Texas Western on 6/18/2020.] |
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Text Order GRANTING #11 Motion to Appear Pro Hac Vice. Before the Court is the Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should be GRANTED and therefore orders as follows: IT IS ORDERED the Motion for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that Applicant, if he/she has not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule AT-I (f)(2). Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jy) [Transferred from Texas Western on 6/18/2020.]
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| Filing 11 MOTION to Appear Pro Hac Vice by Michael E. Jones for Brian Paul Gearing ( Filing fee $ 100 receipt number 0542-13086217) by on behalf of NEC Corporation of America. (Attachments: #1 Proposed Order)(Jones, Michael) [Transferred from Texas Western on 6/18/2020.] |
| Filing 10 NOTICE of Attorney Appearance by Michael E. Jones on behalf of NEC Corporation of America (Jones, Michael) [Transferred from Texas Western on 6/18/2020.] |
| Filing 9 Summons Issued as to NEC Corporation of America. (mc5) [Transferred from Texas Western on 6/18/2020.] |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS by Terrestrial Comms LLC. (Mort, Raymond) [Transferred from Texas Western on 6/18/2020.] |
| Filing 7 AMENDED COMPLAINT against NEC Corporation, NEC Corporation of America amending, filed by Terrestrial Comms LLC.(Mort, Raymond) [Transferred from Texas Western on 6/18/2020.] |
| Filing 6 SUMMONS Returned Executed by Terrestrial Comms LLC. NEC Corporation served on 11/1/2019, answer due 11/22/2019. (Mort, Raymond) [Transferred from Texas Western on 6/18/2020.] |
| Filing 5 Clerk's Report on Patent sent to U.S. Patent and Trademark Office. (lad) [Transferred from Texas Western on 6/18/2020.] |
| Filing 4 Summons Issued as to NEC Corporation. (lad) [Transferred from Texas Western on 6/18/2020.] |
| Case assigned to Judge Alan D Albright. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (lad) [Transferred from Texas Western on 6/18/2020.] |
| Filing 3 RULE 7 DISCLOSURE STATEMENT filed by Terrestrial Comms LLC. (Mort, Raymond) [Transferred from Texas Western on 6/18/2020.] |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS by Terrestrial Comms LLC. (Mort, Raymond) [Transferred from Texas Western on 6/18/2020.] |
| Filing 1 COMPLAINT ( Filing fee $ 400 receipt number 0542-12721566), filed by Terrestrial Comms LLC. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(Mort, Raymond) [Transferred from Texas Western on 6/18/2020.] |
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