HydroFLOW USA LLC v. HydroTech Solutions LLC
| HydroFLOW USA LLC |
| HydroTech Solutions LLC, Kirk Kennedy, Jane Doe Kennedy, Rob Barnett, Jane Doe Barnett, Steven Bloom and Jane Doe Bloom |
| 3:2021cv02200 |
| September 15, 2021 |
| US District Court for the Northern District of Texas |
| Sam A Lindsay |
| Contract: Other Contract |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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Filing 52
ORDER: The court sua sponte remands this action for lack of subject matter jurisdiction to the Superior Court in King County, Washington. (Ordered by Judge Sam A. Lindsay on 9/29/2021) (Attachments: #1 Remand Letter) (svc)
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| Filing 51 Amended Notice of Removal ADDITIONAL ATTACHMENTS to #50 Notice of Compliance with Court Order by Defendant HydroTech Solutions LLC. (Kennedy, Kirk) Modified Title on 9/28/2021 (ygl). |
| Filing 50 NOTICE of Compliance with Court Order re: #48 Order, filed by HydroTech Solutions LLC (Kennedy, Kirk) |
| Filing 49 NOTICE of Attorney Appearance by Kirk A Kennedy on behalf of HydroTech Solutions LLC. (Filer confirms contact info in ECF is current.) (Kennedy, Kirk) |
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Filing 48
ORDER AND NOTICE OF JURISDICTIONAL DEFICIENCY: Defendant HydroTech Solutions, LLC shall file an amended notice of removal by September 27, 2021, that cures the jurisdictional deficiencies identified in this order and satisfies its burden as the removing party of establishing subject matter jurisdiction based on diversity of citizenship. (Ordered by Judge Sam A. Lindsay on 9/16/2021) (chmb)
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| Filing 46 Case electronically transferred in from District of Washington Western; Case Number 2:21-cv-00714. 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. |
| Filing 47 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 Toliver). Clerk to provide copy to plaintiff if not received electronically. (mjr) |
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Filing 45
ORDER granting in part and denying in part Defendant's #16 Motion to Dismiss or Abate. The case is hereby TRANSFERRED to the U.S. District Court for the Northern District of Texas, Dallas Division. Signed by U.S. District Judge John C. Coughenour. (SR) [Transferred from Washington Western on 9/15/2021.]
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| Filing 44 JOINT STATUS REPORT signed by all parties. (Rosencrantz, Mark) [Transferred from Washington Western on 9/15/2021.] |
| Filing 43 In light of the current General Order restricting courtroom capacity to 25 people due to the highly contagious delta variant of the COVID-19 virus, the Status Conference in this matter is hereby stricken. (GT) [Transferred from Washington Western on 9/15/2021.] |
| Filing 42 MINUTE ORDER re Defendant HydroTech Solutions LLC's #16 MOTION to Dismiss or Abate. Tech's motion (Dkt. No. #16 ) is RE-NOTED to September 3, 2021. On or before Wednesday September 1, 2021, the parties will submit a joint status report, limited to four pages, updating this Court on the Texas court's resolution (if any) of the personal jurisdiction issue. Authorized by U.S. District Judge John C. Coughenour. (SR) [Transferred from Washington Western on 9/15/2021.] |
| Filing 41 AFFIDAVIT of Service of Summons and Complaint on Kirk Kennedy and Jane Doe Kennedy on 7/30/2021, filed by Plaintiff HydroFLOW USA LLC. (Rosencrantz, Mark) [Transferred from Washington Western on 9/15/2021.] |
| Filing 40 Supplemental DECLARATION of Steven Bloom filed by Defendant HydroTech Solutions LLC re #27 MOTION for Sanctions (Rullman, Charles) [Transferred from Washington Western on 9/15/2021.] |
| Filing 39 REPLY, filed by Defendant HydroTech Solutions LLC, TO RESPONSE to #27 MOTION for Sanctions (Rullman, Charles) [Transferred from Washington Western on 9/15/2021.] |
| Filing 38 DECLARATION of Mark Rosencrantz ISO Opposition to Motion for Sanctions filed by Plaintiff HydroFLOW USA LLC re #27 MOTION for Sanctions (Rosencrantz, Mark) [Transferred from Washington Western on 9/15/2021.] |
| Filing 37 RESPONSE, by Plaintiff HydroFLOW USA LLC, to #27 MOTION for Sanctions . (Rosencrantz, Mark) [Transferred from Washington Western on 9/15/2021.] |
| Filing 36 Supplemental DECLARATION of Steven Bloom filed by Defendant HydroTech Solutions LLC re #16 MOTION to Dismiss or Abate (Rullman, Charles) [Transferred from Washington Western on 9/15/2021.] |
| Filing 35 REPLY, filed by Defendant HydroTech Solutions LLC, TO RESPONSE to #16 MOTION to Dismiss or Abate (Rullman, Charles) [Transferred from Washington Western on 9/15/2021.] |
| Filing 34 DECLARATION of Mark Rosencrantz filed by Plaintiff HydroFLOW USA LLC re #11 MOTION for Partial Summary Judgment (Attachments: #1 Exhibit A - Dep Testimony, #2 Exhibit B - US Trademark Office, #3 Exhibit C - Decl of Service)(Rosencrantz, Mark) [Transferred from Washington Western on 9/15/2021.] |
| Filing 33 REPLY, filed by Plaintiff HydroFLOW USA LLC, TO RESPONSE to #11 MOTION for Partial Summary Judgment (Rosencrantz, Mark) [Transferred from Washington Western on 9/15/2021.] |
| Filing 32 Summons(es) Electronically Issued as to defendant(s) Jane Doe Barnett, Rob Barnett, Jane Doe Bloom, Steven Bloom, HydroTech Solutions LLC, Jane Doe Kennedy, Kirk Kennedy. (Attachments: #1 Summons Steven Bloom and Jane Doe Bloom, #2 Summons Rob Barnett and Jane Doe Barnett, #3 Summons Kirk Kennedy and Jane Doe Kennedy)(SR) [Transferred from Washington Western on 9/15/2021.] |
| Filing 31 DECLARATION of Mark Rosencrantz filed by Plaintiff HydroFLOW USA LLC re #16 MOTION to Dismiss or Abate (Attachments: #1 Exhibit A - Deposition, #2 Exhibit B - Notice)(Rosencrantz, Mark) [Transferred from Washington Western on 9/15/2021.] |
| Filing 30 RESPONSE, by Plaintiff HydroFLOW USA LLC, to #16 MOTION to Dismiss or Abate. (Rosencrantz, Mark) [Transferred from Washington Western on 9/15/2021.] |
| Filing 29 PRAECIPE to attach document re #27 MOTION for Sanctions by Defendant HydroTech Solutions LLC (Attachments: #1 Corrected Motion for Sanctions)(Rullman, Charles) [Transferred from Washington Western on 9/15/2021.] |
| Filing 28 DECLARATION of Steven Bloom filed by Defendant HydroTech Solutions LLC re #27 MOTION for Sanctions (Rullman, Charles) [Transferred from Washington Western on 9/15/2021.] |
| Filing 27 MOTION for Sanctions , filed by Defendant HydroTech Solutions LLC. (Attachments: #1 Proposed Order) Noting Date 7/30/2021, (Rullman, Charles) [Transferred from Washington Western on 9/15/2021.] |
| Filing 26 MINUTE ORDER: This matter comes before the Court on the parties' stipulated motion to renote Plaintiff's Motion for Partial Summary Judgment (Dkt. No. #11 ) and Defendant's Motion to Dismiss or Abate (Dkt. No. #16 ) for consideration on July 23, 2021 and to extend certain briefing deadlines. (See Dkt. No. #25 .) Having considered the motion and the relevant record and finding good cause, the Court GRANTS the motion. The Court ORDERS the parties to adhere to the deadlines in their stipulated motion and DIRECTS the Clerk to renote the motions for consideration on July 23, 2021. Authorized by U.S. District Judge John C. Coughenour. (LH) [Transferred from Washington Western on 9/15/2021.] |
| Filing 25 Stipulated MOTION Regarding Pending Motions, filed by Plaintiff HydroFLOW USA LLC. Noting Date 7/1/2021, (Rosencrantz, Mark) [Transferred from Washington Western on 9/15/2021.] |
| Filing 24 RESPONSE TO ORDER TO SHOW CAUSE by Defendant HydroTech Solutions LLC re: #18 Order to Show Cause,, Set Deadlines/Hearings, (Rullman, Charles) [Transferred from Washington Western on 9/15/2021.] |
| Filing 23 AMENDMENT to Notice of Removal by Defendant HydroTech Solutions LLC (Rullman, Charles) [Transferred from Washington Western on 9/15/2021.] |
| Filing 22 CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by HydroTech Solutions LLC (Rullman, Charles) [Transferred from Washington Western on 9/15/2021.] |
| Filing 21 DECLARATION of Steven Bloom filed by Defendant HydroTech Solutions LLC re #11 MOTION for Partial Summary Judgment (Rullman, Charles) [Transferred from Washington Western on 9/15/2021.] |
| Filing 20 RESPONSE, by Defendant HydroTech Solutions LLC, to #11 MOTION for Partial Summary Judgment . (Attachments: #1 Proposed Order)(Rullman, Charles) [Transferred from Washington Western on 9/15/2021.] |
| Filing 19 CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by HydroFLOW USA LLC (Rosencrantz, Mark) [Transferred from Washington Western on 9/15/2021.] |
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Filing 18
ORDER TO SHOW CAUSE: The Court ORDERS the parties to file amended corporate disclosure statements that comply with Local Civil Rule 7.1 within seven days of the date of this order, and ORDERS HydroTech Solutions, LLC to show cause why this action should not be remanded for lack of subject matter jurisdiction by amending its notice of removal to properly allege diversity jurisdiction within 14 days of the date of this order. Signed by U.S. District Judge John C. Coughenour. (SR) [Transferred from Washington Western on 9/15/2021.]
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| Filing 17 DECLARATION of Steven Bloom filed by Defendant HydroTech Solutions LLC re #16 MOTION to Dismiss or Abate (Rullman, Charles) [Transferred from Washington Western on 9/15/2021.] |
| Filing 16 MOTION to Dismiss or Abate, filed by Defendant HydroTech Solutions LLC. (Attachments: #1 Proposed Order) Noting Date 7/23/2021 7/9/2021, (Rullman, Charles) Modified noting date on 7/2/2021 (LH). [Transferred from Washington Western on 9/15/2021.] |
| Filing 15 VERIFICATION OF STATE COURT RECORDS re #1 Notice of Removal by Defendant HydroTech Solutions LLC (Attachments: #1 Exhibit)(Rullman, Charles) [Transferred from Washington Western on 9/15/2021.] |
| Filing 14 DECLARATION of Tal Journo filed by Plaintiff HydroFLOW USA LLC re #11 MOTION for Partial Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Rosencrantz, Mark) [Transferred from Washington Western on 9/15/2021.] |
| Filing 13 DECLARATION of Daniel Neuman filed by Plaintiff HydroFLOW USA LLC re #11 MOTION for Partial Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B)(Rosencrantz, Mark) [Transferred from Washington Western on 9/15/2021.] |
| Filing 12 DECLARATION of Mark Rosencrantz filed by Plaintiff HydroFLOW USA LLC re #11 MOTION for Partial Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B)(Rosencrantz, Mark) [Transferred from Washington Western on 9/15/2021.] |
| Filing 11 MOTION for Partial Summary Judgment , filed by Plaintiff HydroFLOW USA LLC. Oral Argument Requested. Noting Date 7/23/2021 7/2/2021, (Rosencrantz, Mark) Modified noting date on 7/2/2021 (LH). [Transferred from Washington Western on 9/15/2021.] |
| Filing 10 CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by HydroTech Solutions LLC (Rullman, Charles) [Transferred from Washington Western on 9/15/2021.] |
| Filing 9 AMENDED COMPLAINT against defendant(s) HydroTech Solutions LLC, filed by HydroFLOW USA LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Summons, #7 Summons, #8 Summons, #9 Summons)(Rosencrantz, Mark) [Transferred from Washington Western on 9/15/2021.] |
| Filing 8 NOTICE of Appearance by attorney Jacqueline Middleton on behalf of Defendant HydroTech Solutions LLC. (Middleton, Jacqueline) [Transferred from Washington Western on 9/15/2021.] |
| Filing 7 CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by HydroFLOW USA LLC (Rosencrantz, Mark) [Transferred from Washington Western on 9/15/2021.] |
| Filing 6 MINUTE ENTRY re: STATUS CONFERENCE. The attorney who will be responsible for trying the case, or that attorney's representative, should attend the conference and be prepared to discuss the following matters at the conference: 1. An estimate of the number of days needed for trial; 2. The date by which the case will be ready for trial; 3. Whether the parties intend to mediate per LCR 39.1 and, if so, when the parties expect to complete mediation; If counsel's office is outside of the Greater Metropolitan Seattle area, local counsel should attend on behalf of non-local counsel. If local counsel is unavailable, non-local counsel may make arrangements to participate telephonically in the conference by contacting the Courtroom Deputy Clerk at Gabriel_Traber@wawd.uscourts.gov at least TEN (10) DAYS in advance of the proceeding. Counsel do NOT need to file a Joint Status Report or Rule 26(f) Report in advance of the Status Conference. Counsel should plan on arriving 10-15 minutes early to check in with the Courtroom Deputy Clerk as the Court's calendar begins promptly at 9:00 a.m. COUNSEL OR THE PRO SE PARTY WHO FILED THIS MATTER SHALL IMMEDIATELY NOTIFY ALL PARTIES OF THE DATE AND TIME OF THE SCHEDULED STATUS CONFERENCE. Status Conference set for 9/28/2021 at 09:00 AM in Courtroom 16206 before U.S. District Judge John C. Coughenour. (GT) [Transferred from Washington Western on 9/15/2021.] |
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Filing 5
ORDER REGARDING DISCOVERY AND DEPOSITIONS by U.S. District Judge John C. Coughenour. (GT) [Transferred from Washington Western on 9/15/2021.]
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| Filing 4 LETTER from Clerk re receipt of case from King County Superior Court and advising of WAWD case number and judge assignment. (RE) [Transferred from Washington Western on 9/15/2021.] |
| Filing 3 Notice of Filing Deficiency ***Action Required*** Improper Signature - Secondary Attorney(s).See attached letter for more information and instructions. (RE) [Transferred from Washington Western on 9/15/2021.] |
| NOTICE Pursuant to Fed.R.Civ.P 7.1, Plaintiff HydroFLOW USA LLC and Defendant Hydrotech Solutions LLC must file a Corporate Disclosure Statement by 6/8/2021. (RE) [Transferred from Washington Western on 9/15/2021.] |
| U.S. District Judge John C. Coughenour added. (RE) [Transferred from Washington Western on 9/15/2021.] |
| Filing 2 DECLARATION of Jeff Kennedy re #1 Notice of Removal by Defendant HydroTech Solutions, LLC (Rullman, Charles) [Transferred from Washington Western on 9/15/2021.] |
| Filing 1 NOTICE OF REMOVAL from King County Superior Court, case number 21-2-06460-1-SEA; (Receipt # AWAWDC-7104559), filed by HydroTech Solutions, LLC. (Attachments: #1 Complaint, #2 Civil Cover Sheet)(Rullman, Charles) [Transferred from Washington Western on 9/15/2021.] |
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