SWM International LLC v. DynaEnergetics Europe GMBH et al
| SWM International LLC |
| DynaEnergetics Europe GmbH and DynaEnergetics US Inc |
| 3:2022cv01769 |
| August 12, 2022 |
| US District Court for the Northern District of Texas |
| Ada Brown |
| Barbara M G Lynn |
| Contract: Other Contract |
| 28 U.S.C. § 1332 Diversity-Declaratory Judgment |
| Plaintiff |
Docket Report
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| Filing 88 Appendix in Support filed by DynaEnergetics Europe GmbH re #87 Response/Objection to Plaintiff's Motion to Stay Pending Resolution of Post-Grant Review Proceedings before the Patent Trial and Appeal Board (Attachments: #1 Exhibit(s) A - Motion Hearing Transcript, #2 Exhibit(s) B - Petitioners Reply, #3 Exhibit(s) C - Patent Owners Motion to Exclude, #4 Exhibit(s) D - Patent Owners Post Hearing Brief, #5 Exhibit(s) E - Petitioners Corrected Response to Patent Owners Post Hearing Brief, #6 Exhibit(s) F - Hunting Titans Trial Exhibit List with DynaEnergetics Objections) (Vinnakota, Rajkumar) |
| Filing 87 RESPONSE AND OBJECTION filed by DynaEnergetics Europe GmbH re: #84 MOTION to Stay Pending Resolution of Post-Grant Review Proceedings before the Patent Trial and Appeal Board (Vinnakota, Rajkumar) |
| Filing 86 CERTIFICATE of Conference re #84 MOTION to Stay Pending Resolution of Post-Grant Review Proceedings before the Patent Trial and Appeal Board by Natalie A Bennett on behalf of SWM International LLC (Bennett, Natalie) |
| Filing 85 Appendix in Support filed by SWM International LLC re #84 MOTION to Stay Pending Resolution of Post-Grant Review Proceedings before the Patent Trial and Appeal Board (Attachments: #1 Declaration(s) of Natalie A. Bennett (A001-A002), #2 Exhibit(s) 1 (A003-A090), #3 Exhibit(s) 2 (A091-A116)) (Bennett, Natalie) |
| Filing 84 MOTION to Stay Pending Resolution of Post-Grant Review Proceedings before the Patent Trial and Appeal Board filed by SWM International LLC. (Attachments: #1 Proposed Order) (Bennett, Natalie) Modified text on 10/4/2022 (ygl). |
Filing 83
ORDER granting #82 Motion to Withdraw as Attorney. Attorney Jonathon David Bergman terminated. Barry J. Herman is hereby designated as Lead Attorney for Defendant DynaEnergetics Europe GmbH. (Ordered by District Judge Barbara M. G. Lynn on 9/29/2022) (axm)
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| Filing 82 Unopposed MOTION to Withdraw as Attorney Jonathon D. Bergman filed by DynaEnergetics Europe GmbH (Attachments: #1 Proposed Order) (Vinnakota, Rajkumar) |
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Filing 81
ORDER: By 10/3/2022, Plaintiff SWM International LLC shall submit a brief, not to exceed ten pages, in support of its request to stay this case pending completion of the Patent Trial and Appeal Board's review of U.S. Patent No. 10,844,697. By 10/10/2022, Defendants shall file a response, not to exceed ten pages. The deadline for Plaintiff to respond to Defendants' Motion to Dismiss (ECF No. #77 ) is hereby STAYED until the Court issues its decision on Plaintiff's request to stay this case. (Ordered by District Judge Barbara M. G. Lynn on 9/26/2022) (ndt)
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| Filing 80 ELECTRONIC Minute Entry for proceedings held before Judge Barbara M.G. Lynn: The Court conducted a status conference. Attorney Appearances - Plaintiff: Natalie Bennett, Elizabeth Chiaviello, Erik Hawes. Defendants: Barry Herman, Kumar Vinnakota. (Court Reporter: Deborah Kriegshauser). Time in Court: 0:15. (chmb) |
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Filing 79
ORDER: Before the Court is Plaintiff's Notice Requesting Status Conference. ECF No. #76 . A status conference is SET for 9/26/2022, at 2:00 p.m. CST, via Zoom. The Zoom link will be emailed to counsel when it becomes available (Ordered by District Judge Barbara M. G. Lynn on 9/21/2022) (ndt)
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| Filing 78 Appendix in Support filed by DynaEnergetics Europe GmbH re #77 Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction Renewed (Attachments: #1 Exhibit(s) A - Complaint, #2 Exhibit(s) B - Motion Hearing Transcript, #3 Exhibit(s) C - Order Granting Motion to Dismiss, #4 Exhibit(s) D - Hearing Transcript) (Vinnakota, Rajkumar) |
| Filing 77 Motion to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction Renewed () filed by DynaEnergetics Europe GmbH with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Vinnakota, Rajkumar) |
| Filing 76 NOTICE of Requesting Status Conference for Transferred Action filed by SWM International LLC (Chiaviello, Elizabeth) |
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Filing 75
ORDER denying as moot #70 Motion to Dismiss. (Ordered by District Judge Barbara M. G. Lynn on 9/16/2022) (sxf)
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| Filing 74 AMENDED COMPLAINT WITH JURY DEMAND against DynaEnergetics Europe GmbH filed by SWM International LLC. (One or more defendant(s) is no longer named.) 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. (Bennett, Natalie) |
| Filing 73 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Barry J. Herman (Filing fee $100; Receipt number 0539-13077454) filed by DynaEnergetics Europe GmbH, DynaEnergetics US Inc (Attachments: #1 Proposed Order) (Vinnakota, Rajkumar) |
| Filing 72 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by DynaEnergetics Europe GmbH, DynaEnergetics US Inc. (Clerk QC note: Affiliate entry indicated). (Vinnakota, Rajkumar) |
| Filing 71 Appendix in Support filed by DynaEnergetics Europe GmbH, DynaEnergetics US Inc re #70 Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction (Attachments: #1 Exhibit(s) A - Complaint, #2 Exhibit(s) B - Motion Hearing Transcript, #3 Exhibit(s) C - Order Granting Motion to Dismiss, #4 Exhibit(s) D - Hearing Transcript) (Vinnakota, Rajkumar) |
| Filing 70 Motion to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction filed by DynaEnergetics Europe GmbH, DynaEnergetics US Inc with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Vinnakota, Rajkumar) Modified text on 8/26/2022 (ygl). |
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Filing 69
ORDER OF TRANSFER: Case reassigned to Chief Judge Barbara M. G. Lynn for all further proceedings. Judge Ada Brown no longer assigned to case. (Ordered by Judge Ada Brown on 8/18/2022) (mla)
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| Filing 68 NOTICE of Related Case filed by SWM International LLC (Chiaviello, Elizabeth) |
| Filing 67 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. (sxf) |
| Filing 66 Case electronically transferred in from District of Colorado; Case Number 1:21-cv-02315. 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 65
ORDER OF TRANSFER by District Judge Charlotte N Sweeney on 8/11/2022. ORDERED that this case be transferred to the Northern District of Texas. Defendant's Motion to Dismiss #21 , and Defendant's Motion to Dismiss for Lack of Jurisdiction at #55 , are DENIED as moot. (sphil, ) [Transferred from Colorado on 8/12/2022.]
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| Filing 64 AMENDED OPPOSITION to #21 MOTION to Dismiss and Supporting Brief filed by Plaintiff SWM International, LLC. (document filed per [#63] Order. (sphil, ) [Transferred from Colorado on 8/12/2022.] |
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Filing 63
ORDER granting #45 MOTION to Amend/Correct/Modify #40 Response to Motion. The Court requests that Clerk of Court's Office to docket the Amended Opposition to Motion to Dismiss #21 located at ECF No. [45-2]. By District Judge Charlotte N Sweeney on 8/11/2022. Text Only Entry(cnssec. ) [Transferred from Colorado on 8/12/2022.]
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Filing 62
MINUTE ORDER: The Final Pretrial Conference is reset for 6/29/2023 at 1:30 PM in Courtroom C204 before District Judge Charlotte N Sweeney. The parties Proposed Pretrial Order is due by 6/22/2023. By District Judge Charlotte N Sweeney on 8/10/2022. Text Only Entry (cnssec. ) [Transferred from Colorado on 8/12/2022.]
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Filing 61
MINUTE ORDER This case has been reassigned to District Judge Sweeney and she will conduct her own Final Pretrial Conference. Therefore, the Final Pretrial Conference set for 4/19/2023 before Magistrate Judge Crews is VACATED. Counsel shall jointly contact Judge Sweeney's chambers (Sweeney_chambers@cod.uscourts.gov) to reset the Final Pretrial Conference. SO ORDERED by Magistrate Judge S. Kato Crews on 8/8/2022. Text Only Entry (amont, ) [Transferred from Colorado on 8/12/2022.]
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Filing 60
ORDER granting #59 Motion to Withdraw as Attorney. Attorney Andrew T. Stevenson is withdrawn. By District Judge Charlotte N Sweeney on 8/3/2022. Text Only Entry(cnssec.) [Transferred from Colorado on 8/12/2022.]
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| Filing 59 MOTION to Withdraw as Attorney by Defendants DynaEnergetics Europe GMBH, DynaEnergetics US, Inc.. (Stevenson, Andrew) [Transferred from Colorado on 8/12/2022.] |
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Filing 58
REASSIGNMENT OF JUDGE. This action is reassigned to Judge Charlotte N. Sweeney upon her appointment. Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained and will now be handled by Judge Sweeney in Courtroom 204 in the Byron Rogers Courthouse. Her chambers are located in C-253 and her telephone number is (303) 335-2610. All future pleadings should be designated as 21-cv-02315-CNS-SKC. (Text only entry) (agarc, ) [Transferred from Colorado on 8/12/2022.]
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| Filing 57 REPLY to Response to #55 MOTION to Dismiss for Lack of Jurisdiction filed by Defendants DynaEnergetics Europe GMBH, DynaEnergetics US, Inc.. (Attachments: #1 Exhibit A)(Herman, Barry) [Transferred from Colorado on 8/12/2022.] |
| Filing 56 BRIEF in Opposition to #55 MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiff SWM International, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Feiereisel, Kathryn) [Transferred from Colorado on 8/12/2022.] |
| Filing 55 MOTION to Dismiss for Lack of Jurisdiction by Defendants DynaEnergetics Europe GMBH, DynaEnergetics US, Inc.. (Attachments: #1 Exhibit A)(Bergman, Jonathon) [Transferred from Colorado on 8/12/2022.] |
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Filing 54
ORDER granting #41 Motion to Stay. Given its join nature and having considered the factors articulated in String Cheese, LLC v. Stylus Shows, Inc., No.1:02-CV-01934-LTB-PA, 2006 WL 894955, at *2 (D. Colo. Mar. 30, 2006), the Court finds good cause to GRANT the Motion. Accordingly, the discovery is stayed pending resolution of Defendants' motion to dismiss. SO ORDERED by Magistrate Judge S. Kato Crews on 5-5-2022. Text Only Entry (skclc2). [Transferred from Colorado on 8/12/2022.]
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| Filing 53 MEMORANDUM regarding #41 Joint MOTION to Stay Pending Resolution of Motion to Dismiss filed by SWM International, LLC. Motion referred to Magistrate Judge S. Kato Crews, by Chief Judge Philip A. Brimmer on 4/26/2022. Text Only Entry (pabsec, ) [Transferred from Colorado on 8/12/2022.] |
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Filing 52
ORDER REFERRING CASE to Magistrate Judge S. Kato Crews for non-dispositive matters. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, and (4) conduct a pretrial conference and enter a pretrial order. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding, by Chief Judge Philip A. Brimmer on 4/26/2022. Text Only Entry (pabsec, ) [Transferred from Colorado on 8/12/2022.]
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Filing 51
MINUTE ORDER by Chief Judge Philip A. Brimmer on 4/26/2022, re: #49 Second Order to Show Cause. ORDERED that the Order to Show Cause, Docket No. 35, is hereby discharged. ORDERED that the Second Order to Show Cause, Docket No. 48, is hereby DISCHARGED. (sphil, ) [Transferred from Colorado on 8/12/2022.]
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| Filing 50 DECLARATION of Dawna Mauldin (Executed) regarding Response to Order to Show Cause #49 by Plaintiff SWM International, LLC. (Feiereisel, Kathryn) [Transferred from Colorado on 8/12/2022.] |
| Filing 49 RESPONSE TO ORDER TO SHOW CAUSE re #48 by Plaintiff SWM International, LLC. (Attachments: #1 Affidavit Declaration of Dawna Mauldin)(Feiereisel, Kathryn) [Transferred from Colorado on 8/12/2022.] |
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Filing 48
SECOND ORDER TO SHOW CAUSE by Chief Judge Philip A. Brimmer on 4/18/2022. ORDERED that, on or before April 25, 2022, plaintiff shall show cause why this case should not be dismissed due to the Court's lack of subject matter jurisdiction. (sphil, ) [Transferred from Colorado on 8/12/2022.]
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| Filing 47 Joint STATUS REPORT by Defendants DynaEnergetics Europe GMBH, DynaEnergetics US, Inc.. (Stevenson, Andrew) [Transferred from Colorado on 8/12/2022.] |
| Filing 46 RESPONSE to #45 MOTION to Amend/Correct/Modify #40 Response to Motion filed by Defendants DynaEnergetics Europe GMBH, DynaEnergetics US, Inc.. (Bergman, Jonathon) [Transferred from Colorado on 8/12/2022.] |
| Filing 45 MOTION to Amend/Correct/Modify #40 Response to Motion by Plaintiff SWM International, LLC. (Attachments: #1 Exhibit A - NDTX Hearing Transcript, #2 Exhibit B - Proposed Amended Opposition to Defendants' Motion to Dismiss, #3 Exhibit C - Redlined Proposed Amended Opposition to Defendants' Motion to Dismiss, #4 Exhibit D - Email Correspondence)(Feiereisel, Kathryn) [Transferred from Colorado on 8/12/2022.] |
| Filing 44 REPLY to Response to #21 MOTION to Dismiss and Supporting Brief filed by Defendants DynaEnergetics Europe GMBH, DynaEnergetics US, Inc.. (Bergman, Jonathon) [Transferred from Colorado on 8/12/2022.] |
| Filing 43 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent DMC Global Inc. for DynaEnergetics Europe GMBH, DynaEnergetics US, Inc.. (Bergman, Jonathon) [Transferred from Colorado on 8/12/2022.] |
| Filing 42 RESPONSE TO ORDER TO SHOW CAUSE re #35 by Plaintiff SWM International, LLC. (Attachments: #1 Exhibit A - Declaration in Support of Michael Scott)(Bennett, Natalie) [Transferred from Colorado on 8/12/2022.] |
| Filing 41 Joint MOTION to Stay Pending Resolution of Motion to Dismiss by Plaintiff SWM International, LLC. (Attachments: #1 Proposed Order (PDF Only))(Bennett, Natalie) [Transferred from Colorado on 8/12/2022.] |
| Filing 40 RESPONSE to #21 MOTION to Dismiss and Supporting Brief (Second Corrected) filed by Plaintiff SWM International, LLC. (Attachments: #1 Exhibit A)(Bennett, Natalie) [Transferred from Colorado on 8/12/2022.] |
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Filing 39
MINUTE ORDER by Chief Judge Philip A. Brimmer on 1/11/2022 re: #38 Plaintiff SWM International, LLC's Opposition to defendant's Motion to Dismiss and Supporting Brief is STRICKEN for failure to comply with the Court's practice standards. Plaintiff's response is 19 pages. Responses must be 15 pages or less. "These page limitations include the cover page, jurisdictional statement, statement of facts, procedural history, argument, authority, closing, signature block, and all other matters, except the certificate of service." Practice Standards (Civil case), Chief Judge Philip A. Brimmer, III.A. Plaintiff may file a complying response on or before January 12, 2022. Text Only Entry (pabsec, ) [Transferred from Colorado on 8/12/2022.]
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| Filing 38 STRICKEN RESPONSE to #21 MOTION to Dismiss and Supporting Brief (Corrected) filed by Plaintiff SWM International, LLC. (Attachments: #1 Exhibit A)(Bennett, Natalie) Modified on 1/11/2022 (pabsec, ). [Transferred from Colorado on 8/12/2022.] |
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Filing 37
MINUTE ORDER by Chief Judge Philip A. Brimmer on 1/11/2022 re: #36 Plaintiff SWM International, LLC's Opposition to defendant's Motion to Dismiss and Supporting Brief. The response is STRICKEN for failure to comply with the Court's practice standards, which state, "[a]ll motions, responses, and briefs shall not exceed fifteen pages.... These page limitations include the cover page, jurisdictional statement, statement of facts, procedural history, argument, authority, closing, signature block, and all other matters, except the certificate of service." Practice Standards (Civil case), Chief Judge Philip A. Brimmer, III.A. Plaintiff may file a complying response on or before January 12, 2022. Text Only Entry (pabsec, ) [Transferred from Colorado on 8/12/2022.]
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| Filing 36 STRICKEN RESPONSE to #21 MOTION to Dismiss and Supporting Brief filed by Plaintiff SWM International, LLC. (Attachments: #1 Exhibit A)(Bennett, Natalie) Modified on 1/11/2022 (pabsec, ). [Transferred from Colorado on 8/12/2022.] |
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Filing 35
ORDER TO SHOW CAUSE by Chief Judge Philip A. Brimmer on 1/10/2022. ORDERED that, on or before January 20, 2022, plaintiff shall show cause why this case should not be dismissed due to the Courts lack of subject matter jurisdiction. (sphil, ) [Transferred from Colorado on 8/12/2022.]
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Filing 34
SCHEDULING ORDER: by Magistrate Judge S. Kato Crews on 1/10/2022. (amont, ) [Transferred from Colorado on 8/12/2022.]
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| Filing 33 COURTROOM MINUTES for proceedings held before Magistrate Judge S. Kato Crews: Telephone Scheduling Conference held on 1/10/2022. Fact Discovery due by 11/11/2022. Dispositive Motions due by 2/10/2023. Expert Discovery due 1/20/2023. Joint Status Report due by 4/5/2022. Telephone Final Pretrial Conference set for 4/19/2023 10:00 AM in Courtroom C201 before Magistrate Judge S. Kato Crews. FTR: Courtroom C-201. (amont, ) [Transferred from Colorado on 8/12/2022.] |
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Filing 32
ORDER by Chief Judge Philip A. Brimmer on 1/06/2022 re: #31 Motion for Extension of Time to File Response/Reply is GRANTED. Plaintiff shall file a response to #21 Motion to Dismiss on or before January 10, 2022. Text Only Entry(pabsec, ) [Transferred from Colorado on 8/12/2022.]
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| Filing 31 Second MOTION for Extension of Time to File Response/Reply as to #21 MOTION to Dismiss and Supporting Brief (Unopposed) by Plaintiff SWM International, LLC. (Attachments: #1 Proposed Order (PDF Only))(Bennett, Natalie) [Transferred from Colorado on 8/12/2022.] |
| Filing 30 Proposed Scheduling Order (Joint) by Plaintiff SWM International, LLC. (Hawes, C.) [Transferred from Colorado on 8/12/2022.] |
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Filing 29
ORDER by Chief Judge Philip A. Brimmer on 12/28/2021 re: #28 Motion for Extension of Time to File Response/Reply is GRANTED. Plaintiff shall file a response to #21 Motion to Dismiss on or before January 6, 2022. For future requests for extension of time, counsel is reminded that, pursuant to I.G.2 of this Court's Practice Standards, "[a]ny motion for extension of time shall be filed no later than three business days before the date the motion, response, reply, or other paper is due." Text Only Entry(pabsec, ) [Transferred from Colorado on 8/12/2022.]
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| Filing 28 Unopposed MOTION for Extension of Time to File Response/Reply as to #21 MOTION to Dismiss and Supporting Brief by Plaintiff SWM International, LLC. (Attachments: #1 Proposed Order (PDF Only))(Hawes, C.) [Transferred from Colorado on 8/12/2022.] |
| Filing 27 MEMORANDUM RETURNING CASE by Senior Judge Lewis T. Babcock on 12/15/2021. This case is randomly reassigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge S. Kato Crews. All future pleadings should be designated as 21-cv-02315-PAB. (trvo, ) [Transferred from Colorado on 8/12/2022.] |
| Filing 26 NOTICE of Entry of Appearance [as to John F. Morrow, Jr.] by John F. Morrow, Jr on behalf of DynaEnergetics Europe GMBH, DynaEnergetics US, Inc.Attorney John F. Morrow, Jr added to party DynaEnergetics Europe GMBH(pty:dft), Attorney John F. Morrow, Jr added to party DynaEnergetics US, Inc.(pty:dft) (Morrow, John) [Transferred from Colorado on 8/12/2022.] |
| Filing 25 CASE REASSIGNED pursuant to #24 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Lewis T. Babcock and drawn to Magistrate Judge S. Kato Crews. All future pleadings should be designated as 21-cv-02315-LTB. (Text Only Entry) (cmadr, ) [Transferred from Colorado on 8/12/2022.] |
| Filing 24 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff SWM International, LLC All parties do not consent.. (Hawes, C.) [Transferred from Colorado on 8/12/2022.] |
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Filing 23
MINUTE ORDER RE: Consent to Magistrate Jurisdiction Form [#22.] Plaintiff submitted the Consent to Magistrate Judge Form [#22] indicating that not all parties consent to magistrate judge jurisdiction. This form is deficient. Specifically, the Form must be signed by all the parties' representatives. Accordingly, the Consent to Magistrate Judge Consent Form [#22] is STRICKEN. The parties are ordered to resubmit the form, with all attorneys' signatures no later than 12-13-2021. SO ORDERED by Magistrate Judge S. Kato Crews on 12-10-2021. Text Only Entry (skclc2). [Transferred from Colorado on 8/12/2022.]
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| Filing 22 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff SWM International, LLC All parties do not consent.. (Hawes, C.) [Transferred from Colorado on 8/12/2022.] |
| Filing 21 MOTION to Dismiss and Supporting Brief by Defendants DynaEnergetics Europe GMBH, DynaEnergetics US, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Bergman, Jonathon) [Transferred from Colorado on 8/12/2022.] |
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Filing 20
ORDER granting #19 Motion to Reset. The Court finds good cause to GRANT the Motion. Accordingly, the Telephonic Scheduling Conference set for 12-9-2021 is VACATED and reset for 1-10-2022 at 11:00 am in Courtroom C201 before Magistrate Judge S. Kato Crews. The parties shall file their proposed scheduling order, and email a copy in Word format to Crews_Chambers@cod.uscourts.gov, 7 days before the Telephonic Scheduling Conference (on or before 1-3-2022). The Magistrate Judge Consent Form [#4] is due 12-13-2021. Dial in information for the Scheduling Conference is as follows:CONFERENCE CALL LINE: (888) 251-2909ACCESS CODE: 5662814# SO ORDERED by Magistrate Judge S. Kato Crews on 12-3-2021. Text Only Entry(skclc2).[Transferred from Colorado on 8/12/2022.]
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| Filing 19 Joint MOTION to Reset the December 9, 2021 Scheduling Conference and Related Deadlines by Defendants DynaEnergetics Europe GMBH, DynaEnergetics US, Inc.. (Attachments: #1 Proposed Order (PDF Only))(Bergman, Jonathon) [Transferred from Colorado on 8/12/2022.] |
| Filing 18 NOTICE of Entry of Appearance by Andrew T. Stevenson on behalf of All Defendants Attorney Andrew T. Stevenson added to party DynaEnergetics Europe GMBH(pty:dft), Attorney Andrew T. Stevenson added to party DynaEnergetics US, Inc.(pty:dft) (Stevenson, Andrew) [Transferred from Colorado on 8/12/2022.] |
| Filing 17 NOTICE of Entry of Appearance by Barry J. Herman on behalf of DynaEnergetics Europe GMBH, DynaEnergetics US, Inc.Attorney Barry J. Herman added to party DynaEnergetics Europe GMBH(pty:dft), Attorney Barry J. Herman added to party DynaEnergetics US, Inc.(pty:dft) (Herman, Barry) [Transferred from Colorado on 8/12/2022.] |
| Filing 16 NOTICE of Entry of Appearance by Jonathon David Bergman on behalf of All Defendants Attorney Jonathon David Bergman added to party DynaEnergetics Europe GMBH(pty:dft), Attorney Jonathon David Bergman added to party DynaEnergetics US, Inc.(pty:dft) (Bergman, Jonathon) [Transferred from Colorado on 8/12/2022.] |
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Filing 15
Setting Telephonic Rule 16(b) Scheduling Conference. The Telephonic Scheduling Conference is set for 12-9-2021 at 10:30 am in Courtroom C201 before Magistrate Judge S. Kato Crews. The parties shall file their proposed scheduling order, and email a copy in Word format to Crews_Chambers@cod.uscourts.gov, 7 days before the Telephonic Scheduling Conference (on or before 12-2-2021). The Magistrate Judge Consent Form [#4] is due 12-2-2021. Dial in information for the Scheduling Conference is as follows:CONFERENCE CALL LINE: (888) 251-2909ACCESS CODE: 5662814# SO ORDERED by Magistrate Judge S. Kato Crews on 9-22-2021. Text Only Entry (skclc2). [Transferred from Colorado on 8/12/2022.]
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Filing 14
ORDER granting #13 Motion for Extension of Time to Answer or Otherwise Respond. In light of its joint nature, the Court finds good cause to GRANT the Motion. Accordingly, Defendants shall answer or otherwise respond by 12-7-2021. SO ORDERED. by Magistrate Judge S. Kato Crews on 9-22-2021. Text Only Entry (skclc2). [Transferred from Colorado on 8/12/2022.]
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| Filing 13 Joint MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint,, for DynaEnergetics US, Inc. by Plaintiff SWM International, LLC. (Attachments: #1 Proposed Order (PDF Only))(Feiereisel, Kathryn) [Transferred from Colorado on 8/12/2022.] |
| Filing 12 WAIVER OF SERVICE Returned Executed by SWM International, LLC. DynaEnergetics Europe GMBH waiver sent on 9/8/2021, answer due 12/7/2021. (Feiereisel, Kathryn) [Transferred from Colorado on 8/12/2022.] |
| Filing 11 SUMMONS Returned Executed by SWM International, LLC. DynaEnergetics US, Inc. served on 9/2/2021, answer due 9/23/2021. (Hawes, C.) [Transferred from Colorado on 8/12/2022.] |
| Filing 10 NOTICE of Entry of Appearance by Elizabeth M. Chiaviello on behalf of SWM International, LLCAttorney Elizabeth M. Chiaviello added to party SWM International, LLC(pty:pla) (Chiaviello, Elizabeth) [Transferred from Colorado on 8/12/2022.] |
| Filing 9 NOTICE of Entry of Appearance by Natalie A. Bennett on behalf of SWM International, LLCAttorney Natalie A. Bennett added to party SWM International, LLC(pty:pla) (Bennett, Natalie) [Transferred from Colorado on 8/12/2022.] |
| Filing 8 NOTICE of Entry of Appearance by C. Erik Hawes on behalf of SWM International, LLCAttorney C. Erik Hawes added to party SWM International, LLC(pty:pla) (Hawes, C.) [Transferred from Colorado on 8/12/2022.] |
| Filing 7 SUMMONSES issued by Clerk. (cmadr, ) [Transferred from Colorado on 8/12/2022.] |
| Filing 6 SUMMONS REQUEST as to DynaEnergetics US, Inc. by Plaintiff SWM International, LLC. (Feiereisel, Kathryn) [Transferred from Colorado on 8/12/2022.] |
| Filing 5 SUMMONS REQUEST as to DynaEnergetics Europe GmbH by Plaintiff SWM International, LLC. (Feiereisel, Kathryn) [Transferred from Colorado on 8/12/2022.] |
| Filing 4 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. NO SUMMONS ISSUED. Summons submitted has incorrect caption and not issued. Please file completed summons for issuance using the event Summons Request. (jsalz, ) [Transferred from Colorado on 8/12/2022.] |
| Filing 3 Case assigned to Magistrate Judge S. Kato Crews. Text Only Entry (jsalz, ) [Transferred from Colorado on 8/12/2022.] |
| Filing 2 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent SWM International Holdings, LLC for SWM International, LLC. (Feiereisel, Kathryn) [Transferred from Colorado on 8/12/2022.] |
| Filing 1 COMPLAINT against DynaEnergetics Europe GMBH, DynaEnergetics US, Inc. (Filing fee $ 402,Receipt Number ACODC-8042961)Attorney Kathryn Ann Feiereisel added to party SWM International, LLC(pty:pla), filed by SWM International, LLC. (Attachments: #1 Exhibit Exhibit A- US Assignment Between David Parks and DynaEnergetics, #2 Exhibit Exhibit B- Foreign Assignment Between David Parks and DynaEnergetics, #3 Exhibit Exhibit C- Public Eng Agreement Between David Parks and DynaEnergetics, #4 Exhibit Exhibit D- JDP Patent Assignment, #5 Summons DynaEnergetics Europe Summons, #6 Summons DynaEnergetics US Summons, #7 Civil Cover Sheet Civil Cover Sheet)(Feiereisel, Kathryn) [Transferred from Colorado on 8/12/2022.] |
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