High Energy Ozone LLC et al v Eden Park Illumination, Inc.
| High Energy Ozone LLC doing business as Far-UV Sterilray, S Edward Neister and High Energy Ozone LLC |
| Eden Park Illumination Inc |
| 3:2022cv00425 |
| February 22, 2022 |
| US District Court for the Northern District of Texas |
| Ada Brown |
| Barbara M G Lynn |
| Property Rights: Patent |
| 15 U.S.C. § 1126 Patent Infringement |
| Both |
Docket Report
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This docket was last retrieved on April 4, 2022. A more recent docket listing may be available from PACER.
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Filing 51
ORDER granting 74 Joint MOTION to Extend Time to Conduct Claim Construction Exchanges. (Ordered by Chief Judge Barbara M. G. Lynn on 4/4/2022) (jmg)
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| Filing 50 FIRST AMENDED COMPLAINT WITH JURY DEMAND against Eden Park Illumination Inc filed by High Energy Ozone LLC, S Edward Neister. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must 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. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5) (Ray, Brent) |
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Filing 49
ORDER: Before the Court are a Motion to Dismiss for Failure to State a Claim (ECF No. 22) and a Motion for Judgment on the Pleadings (ECF No. 24) filed by Far UV Technologies. The Motions are rendered moot by the First Amended Complaint (ECF No. 39) and therefore are DENIED. (Ordered by Chief Judge Barbara M. G. Lynn on 3/25/2022) (jmg)
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Filing 48
ORDER: Before the Court is Plaintiffs Unopposed Motion for Leave to File Amended Complaints Against Defendants Far UV Technologies and Eden Park Illumination, Inc. (ECF No. 69 ). The Motion is GRANTED. Plaintiffs should promptly file their Second Amended Complaint against Defendant Far UV and their First Amended Complaint against Defendant Eden Park. (Ordered by Chief Judge Barbara M. G. Lynn on 3/25/2022) (jmg)
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Filing 47
ORDER CONSOLIDATING CASES: Member cases 3:22-cv-425 and 3:22-cv-280 consolidated with lead case 3:21-cv-1166 for pretrial matters. (Ordered by Chief Judge Barbara M. G. Lynn on 3/8/2022) (mla)
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Filing 46
ORDER OF TRANSFER: The above styled and numbered case is TRANSFERRED to the docket of the Honorable Barbara Lynn, before whom a related case with a lower number, viz., 3:21-CV-116-M, is pending, and shall henceforth carry the suffix letter "M." Judge Ada Brown no longer assigned to case. (Ordered by Judge Ada Brown on 3/8/2022) (ykp)
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| Filing 45 Report to Patent/Trademark Office of Initiating Document. Form AO 120 e-mailed to notice_of_suit@uspto.gov. (mjr) |
| Filing 44 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 Ramirez). Clerk to provide copy to plaintiff if not received electronically. (mjr) |
| Filing 43 Case electronically transferred in from District of Illinois Northern; Case Number 1:21-cv-02753. 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 42 TRANSFERRED to the The Northern District of Texas the electronic record. (jh, ) [Transferred from Illinois Northern on 2/22/2022.] |
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Filing 41
ORDER: Joint Motion to transfer this action to the Northern District of Texas #40 is granted. This clerk is directed to take all necessary action to transfer this matter to the Northern District of Texas. Civil Case terminated. Signed by the Honorable Charles R. Norgle, Sr on 2/7/2022. Mailed notice (ph, ) [Transferred from Illinois Northern on 2/22/2022.]
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| Filing 40 MOTION by Plaintiffs High Energy Ozone LLC, S. Edward Neister to transfer case (Joint Motion to Transfer This Action to the Northern District of Texas) (Parsons, Abby) [Transferred from Illinois Northern on 2/22/2022.] |
| Filing 39 Second Amended COUNTERCLAIM filed by Eden Park Illumination, Inc. against High Energy Ozone LLC, S. Edward Neister .(Engel, Jason) [Transferred from Illinois Northern on 2/22/2022.] |
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Filing 38
ORDER GRANTING AGREED MOTION TO AMEND PURSUANT TO FED. R. CIV. P. 15(a)(2): The agreed motion of Plaintiff's High Energy Ozone LLC d/b/a Far-UV Sterilray and S. Edward Neister and Defendant Eden Park Illumination, Inc. ("Eden Park") for leave permitting Eden Park to amend its pleadings to withdraw its non-patent counterclaims without prejudice is GRANTED. Signed by the Honorable Charles R. Norgle on 1/18/2022. Mailed notice (cp, ) [Transferred from Illinois Northern on 2/22/2022.]
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| Filing 37 MOTION by Counter Defendants High Energy Ozone LLC, High Energy Ozone LLC, S. Edward Neister, S. Edward Neister, Plaintiffs High Energy Ozone LLC, S. Edward Neister to amend/correct Pleadings Pursuant to Fed. R. Civ. P. 15(a) Without Prejudice (Attachments: #1 Proposed Order)(Parsons, Abby) [Transferred from Illinois Northern on 2/22/2022.] |
| Filing 36 MINUTE entry before the Honorable Charles R. Norgle: The Joint Motion for Stay of all Deadlines to Facilitate Voluntary Transfer of this Action to the Northern District of Texas #35 is GRANTED. Mailed notice (ewf, ) [Transferred from Illinois Northern on 2/22/2022.] |
| Filing 35 MOTION by Plaintiffs High Energy Ozone LLC, S. Edward Neister to stay Joint Motion for Stay (Attachments: #1 Text of Proposed Order)(Ray, Brent) [Transferred from Illinois Northern on 2/22/2022.] |
| Filing 34 MINUTE entry before the Honorable Charles R. Norgle: Unopposed Motion for Extension for Plaintiffs to Answer Defendant's First Amended Counterclaims #33 is granted. Plaintiffs shall move against or answer the First Amended Counterclaims on or before November 15, 2021. Mailed notice (ewf, ) [Transferred from Illinois Northern on 2/22/2022.] |
| Filing 33 MOTION by Plaintiffs High Energy Ozone LLC, S. Edward Neister for extension of time to file answer regarding counterclaim #31 (Attachments: #1 Text of Proposed Order)(Ray, Brent) [Transferred from Illinois Northern on 2/22/2022.] |
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Filing 32
ORDER: The Court has reviewed the joint status report filed October 15, 2021. The parties shall complete their Federal Rule of Civil Procedure 26 compliance and submit a joint proposed discovery schedule by November 15, 2021, to include a deadline for all pretrial motions and suggested jury trial date. IT IS SO ORDERED. Signed by the Honorable Charles R. Norgle, Sr on October 18, 2021. Mailed notice (ph, ) [Transferred from Illinois Northern on 2/22/2022.]
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| Filing 31 First Amended COUNTERCLAIM filed by Eden Park Illumination, Inc. against High Energy Ozone LLC, S. Edward Neister .(Engel, Jason) [Transferred from Illinois Northern on 2/22/2022.] |
| Filing 30 STATUS Report by the Parties by High Energy Ozone LLC, S. Edward Neister (Ray, Brent) [Transferred from Illinois Northern on 2/22/2022.] |
| Filing 29 MINUTE entry before the Honorable Charles R. Norgle: Motion for extension of time #28 is granted. Plaintiff's response to Defendant's motion to dismiss will be due on or before 11/3/2021. Defendant's reply will be due on or before 12/1/2021. Mailed notice (ewf, ) [Transferred from Illinois Northern on 2/22/2022.] |
| Filing 28 MOTION by Plaintiffs High Energy Ozone LLC, S. Edward Neister for extension of time to file response/reply as to Motion to Dismiss for Failure to State a Claim #23 (Attachments: #1 Text of Proposed Order)(Ray, Brent) [Transferred from Illinois Northern on 2/22/2022.] |
| Filing 27 ATTORNEY Appearance for Counter Claimant Eden Park Illumination, Inc., Defendant Eden Park Illumination, Inc. by Neil J. Mcnabnay (Mcnabnay, Neil) [Transferred from Illinois Northern on 2/22/2022.] |
| Filing 26 MINUTE entry before the Honorable Charles R. Norgle: Plaintiffs' response to Defendant's Motion to Dismiss #23 is due on or before 10/27/2021. Defendant's reply is due on or before 11/24/2021. No appearance is required on Friday, October 1, 2021. Mailed notice (ewf, ) [Transferred from Illinois Northern on 2/22/2022.] |
| Filing 25 NOTICE of Motion by Jason Alexander Engel for presentment of Motion to Dismiss for Failure to State a Claim #23 before Honorable Charles R. Norgle Sr. on 10/1/2021 at 09:30 AM. (Engel, Jason) [Transferred from Illinois Northern on 2/22/2022.] |
| Filing 24 MEMORANDUM by Eden Park Illumination, Inc. in support of Motion to Dismiss for Failure to State a Claim #23 (Engel, Jason) [Transferred from Illinois Northern on 2/22/2022.] |
| Filing 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Eden Park Illumination, Inc. (Engel, Jason) [Transferred from Illinois Northern on 2/22/2022.] |
| Filing 22 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Eden Park Illumination, Inc. (Engel, Jason) [Transferred from Illinois Northern on 2/22/2022.] |
| Filing 21 ANSWER to Complaint with Jury Demand , COUNTERCLAIM filed by Eden Park Illumination, Inc. against High Energy Ozone LLC, S. Edward Neister . by Eden Park Illumination, Inc.(Engel, Jason) [Transferred from Illinois Northern on 2/22/2022.] |
| Filing 20 MINUTE entry before the Honorable Charles R. Norgle: Motion to withdraw as attorney #19 is granted. Attorney Julia Mae Kolibachuk terminated.Mailed notice (ewf, ) [Transferred from Illinois Northern on 2/22/2022.] |
| Filing 19 MOTION by Attorney Julia Kolibachuk to withdraw as attorney for High Energy Ozone LLC, S. Edward Neister. No party information provided (Ray, Brent) [Transferred from Illinois Northern on 2/22/2022.] |
| Filing 18 MINUTE entry before the Honorable Charles R. Norgle: Motion to appear pro hac vice #15 is granted. Motion to appear pro hac vice #17 is granted. Mailed notice (ewf, ) [Transferred from Illinois Northern on 2/22/2022.] |
| Filing 17 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18553895. (Wyatt, Lance) [Transferred from Illinois Northern on 2/22/2022.] |
| Filing 16 ATTORNEY Appearance for Defendant Eden Park Illumination, Inc. by David Brandon Conrad (Conrad, David) [Transferred from Illinois Northern on 2/22/2022.] |
| Filing 15 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18553464. (Marshall, Collin) [Transferred from Illinois Northern on 2/22/2022.] |
| Filing 14 MINUTE entry before the Honorable Charles R. Norgle: Motion for extension of time up to and including September 27, 2021 to answer Plaintiff's complaint #12 is granted. No appearance is required on Friday, August 13, 2021. Mailed notice (ewf, ) [Transferred from Illinois Northern on 2/22/2022.] |
| Filing 13 NOTICE of Motion by Jason Alexander Engel for presentment of motion for extension of time to file answer #12 before Honorable Charles R. Norgle Sr. on 8/13/2021 at 09:30 AM. (Engel, Jason) [Transferred from Illinois Northern on 2/22/2022.] |
| Filing 12 MOTION by Defendant Eden Park Illumination, Inc. for extension of time to file answer regarding complaint, #1 (Unopposed) (Engel, Jason) [Transferred from Illinois Northern on 2/22/2022.] |
| Filing 11 ATTORNEY Appearance for Defendant Eden Park Illumination, Inc. by Jason Alexander Engel (Engel, Jason) [Transferred from Illinois Northern on 2/22/2022.] |
| Filing 10 MINUTE entry before the Honorable Charles R. Norgle: Joint Status Report is due on 9/22/2021. Mailed notice (ewf, ) [Transferred from Illinois Northern on 2/22/2022.] |
| SUMMONS Issued as to Defendant Eden Park Illumination, Inc. (sxh, ) [Transferred from Illinois Northern on 2/22/2022.] |
| Filing 9 MINUTE entry before the Honorable Charles R. Norgle: Motion to appear pro hac vice #6 is granted. Motion to appear pro hac vice #8 is granted. Mailed notice (ewf, ) [Transferred from Illinois Northern on 2/22/2022.] |
| Filing 8 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18288467. (Kolibachuk, Julia) [Transferred from Illinois Northern on 2/22/2022.] |
| Filing 7 MAILED Patent report to Patent Trademark Office, Alexandria VA (Attachments: #1 (List of Patents, Ex. 1), #2 (List of Patents, Ex. 2)) (ph, ) [Transferred from Illinois Northern on 2/22/2022.] |
| CASE ASSIGNED to the Honorable Charles R. Norgle, Sr. Designated as Magistrate Judge the Honorable Jeffrey I. Cummings. Case assignment: Random assignment. (cm, ) [Transferred from Illinois Northern on 2/22/2022.] |
| Filing 6 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18271833. for Julia Kolibachuk (Attachments: #1 Certificate of Good Standing)(Ray, Brent) [Transferred from Illinois Northern on 2/22/2022.] |
| Filing 5 ATTORNEY Appearance for Plaintiffs High Energy Ozone LLC, S. Edward Neister by Brent P. Ray of Abby L. Parsons (Ray, Brent) [Transferred from Illinois Northern on 2/22/2022.] |
| Filing 4 ATTORNEY Appearance for Plaintiffs High Energy Ozone LLC, S. Edward Neister by Brent P. Ray (Ray, Brent) [Transferred from Illinois Northern on 2/22/2022.] |
| Filing 3 Plaintiffs' Notice of Claims Involving Patents by High Energy Ozone LLC, S. Edward Neister (Ray, Brent) [Transferred from Illinois Northern on 2/22/2022.] |
| Filing 2 Plaintiffs' Notification of Affiliates by High Energy Ozone LLC, S. Edward Neister (Ray, Brent) [Transferred from Illinois Northern on 2/22/2022.] |
| Filing 1 COMPLAINT filed by High Energy Ozone LLC, S. Edward Neister; Jury Demand. Filing fee $ 402, receipt number 0752-18271734. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Civil Cover Sheet)(Ray, Brent) [Transferred from Illinois Northern on 2/22/2022.] |
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