Puradigm LLC v. DBG Group Investments LLC et al
| Puradigm LLC |
| ActivePure Technologies LLC, DBG Group Investments LLC, Aerus Holdings LLC, ActivePure Medical LLC, Aerus LLC, Aerus Franchising LLC, ARS Home Solutions LLC, Aerus Enterprise LLC, Vollara LLC and Vollara Concepts LLC |
| 3:2023cv00216 |
| January 27, 2023 |
| US District Court for the Northern District of Texas |
| Jane J Boyle |
| Property Rights: Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Both |
Docket Report
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This docket was last retrieved on October 18, 2023. A more recent docket listing may be available from PACER.
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Filing 50
ELECTRONIC Minute Entry for proceedings held before Magistrate Judge David L. Horan: Telephonic Motion Hearing held on 7/26/2023 re 47 Motion to Compel filed by Puradigm LLC. Order to enter. Attorney Appearances: Plaintiff - Gregory C Schodde; Defense - Chad E Nydegger. (Court Reporter: Private Court Reporter) (No exhibits) Time in Court - :26. (mcrd)
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Filing 49
ELECTRONIC ORDER: For the reasons explained during the July 26, 2023 telephonic hearing, the Court grants Plaintiff Puradigm LLC's Motion to Compel Deponent's Answer under Federal Rule of Civil Procedure 37(a) and directs that the deponent must answer the question (and the line of questioning that follows) that Defendants' counsel had instructed the deponent not to answer. (Ordered by Magistrate Judge David L. Horan on 7/26/2023.)
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Filing 48
ORDER OF REFERRAL: The parties have contacted the Court regarding a dispute during a deposition being conducted today, July 26, 2023. Specifically, Puradigm, LLC alleges that a deponent is being instructed not to answer on grounds other than privilege. See Fed. R. Civ. P. 30(c)(2). The Court REFERS this issue to the United States Magistrate Judge David L. Horan for a hearing and recommendation or determination to this Court. See 28 U.S.C. 636(b). Magistrate Judge Horan will further instruct the parties as to the details of the hearing. (Ordered by Judge Jane J Boyle on 7/26/2023) (chmb)
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Filing 47
MOTION to Compel Deponent's Answer filed by Puradigm LLC. This is a virtual motion. (chmb)
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Filing 46
Notice of Filing of Official Electronic Transcript of Motion Hearing Proceedings held on 06-21-2023 before Judge Jane J. Boyle. Court Reporter/Transcriber Shawnie Archuleta, Telephone number shawnie_archuleta@txnd.uscourts.gov. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. 3509, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (40 pages) Redaction Request due 8/8/2023. Redacted Transcript Deadline set for 8/18/2023. Release of Transcript Restriction set for 10/16/2023. (spa)
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Filing 45
ELECTRONIC ORDER granting #44 Motion to Extend Time to File Response. Plaintiff's Response to #41 Defendant's Motion for Summary Judgment is now due August 11, 2023. (Ordered by Judge Jane J Boyle on 7/14/2023) (chmb)
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Filing 44
MOTION for Extension of Time to File Response/Reply to #41 MOTION for Summary Judgment filed by Puradigm LLC (Attachments: #1 Proposed Order) (Schodde, Gregory)
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Filing 43
Appendix in Support filed by ARS Home Solutions LLC, ActivePure Medical LLC, ActivePure Technologies LLC, Aerus Enterprise LLC, Aerus Franchising LLC, Aerus LLC, DBG Group Investments LLC, Vollara Concepts LLC, Vollara LLC re #41 MOTION for Summary Judgment (svc)
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Filing 42
Brief/Memorandum in Support filed by ARS Home Solutions LLC, ActivePure Medical LLC, ActivePure Technologies LLC, Aerus Enterprise LLC, Aerus Franchising LLC, Aerus LLC, DBG Group Investments LLC, Vollara Concepts LLC, Vollara LLC re #41 MOTION for Summary Judgment (svc)
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Filing 41
MOTION for Summary Judgment filed by ARS Home Solutions LLC, ActivePure Medical LLC, ActivePure Technologies LLC, Aerus Enterprise LLC, Aerus Franchising LLC, Aerus LLC, DBG Group Investments LLC, Vollara Concepts LLC, Vollara LLC (svc)
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Filing 40
MEMORANDUM OPINION AND ORDER: #31 MOTION for Leave to File Early Motion for Summary Judgment is Granted. Defendants' Motion for Leave to File, Defendants That request is DENIED. (Ordered by Judge Jane J Boyle on 6/23/2023) (svc)
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Filing 39
ELECTRONIC Minute Entry for proceedings held before Judge Jane J Boyle: Motion hearing held on 6/21/2023 re #31 MOTION for Leave to File Early Motion for Summary Judgment. Attorney Appearances: Plaintiff - Gregory C Schodde and David William Higer; Defense - Chad E Nydegger and Joshua J Bennett. (Court Reporter: Shawnie Archuleta) (No exhibits) Time in Court - 0:46. (chmb)
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Filing 38
ELECTRONIC ORDER granting #35 Motion for Hearing. A Motion Hearing on Defendants' #31 Motion for Leave to File an Early Motion for Summary Judgment is set for Wednesday, June 21, 2023, at 10:00 AM in US Courthouse, Courtroom 1516, 1100 Commerce St., Dallas, TX 75242-1310 before Judge Jane J. Boyle. (Ordered by Judge Jane J Boyle on 6/8/2023) (chmb)
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Filing 37
ORDER REGARDING E-DISCOVERY IN PATENT CASES. (Ordered by Judge Jane J Boyle on 5/30/2023) (twd)
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Filing 36
PROTECTIVE ORDER. (Ordered by Judge Jane J Boyle on 5/30/2023) (twd)
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Filing 35
MOTION for Hearing re #31 MOTION for Leave to File Early Motion for Summary Judgment (Request for Oral Argument on Defendants' Motion) filed by Puradigm LLC (Schodde, Gregory)
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Filing 34
REPLY filed by ARS Home Solutions LLC, ActivePure Medical LLC, ActivePure Technologies LLC, Aerus Enterprise LLC, Aerus Franchising LLC, Aerus LLC, DBG Group Investments LLC, Vollara Concepts LLC, Vollara LLC re: #31 MOTION for Leave to File Early Motion for Summary Judgment (Attachments: #1 Hickey Declaration May 24 2023, #2 Eide Declaration May 24 2023) (Nydegger, Chad)
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Filing 33
Appendix in Support filed by Puradigm LLC re #32 Response/Objection (Schodde, Gregory)
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Filing 32
RESPONSE filed by Puradigm LLC re: #31 MOTION for Leave to File Early Motion for Summary Judgment (Schodde, Gregory)
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Filing 31
MOTION for Leave to File Early Motion for Summary Judgment filed by ARS Home Solutions LLC, ActivePure Medical LLC, ActivePure Technologies LLC, Aerus Enterprise LLC, Aerus Franchising LLC, Aerus LLC, DBG Group Investments LLC, Vollara Concepts LLC, Vollara LLC (Attachments: #1 proposed Motion for Summary Judgment, #2 proposed Brief in Support of Motion for Summary Judgment, #3 proposed Appendix in Support of Motion for Summary Judgment) (Nydegger, Chad)
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Filing 30
Order Unfiling #28 MOTION for Leave to File Early Motion for Summary Judgment filed by Aerus Franchising LLC, ActivePure Medical LLC, Vollara Concepts LLC, ARS Home Solutions LLC, ActivePure Technologies LLC, Aerus LLC, Vollara LLC, DBG Group Investments LLC, Aerus Enterprise LLC due to the following deficiency: No certificate of conference or inability to confer. See LR 7.1(b). (Ordered by Judge Jane J Boyle on 4/20/2023) (svc)
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Filing 29
Joint STATUS REPORT filed by Puradigm LLC. (Attachments: #1 Exhibit(s) 1 - Model ESI Order, #2 Exhibit(s) 2 - Redline ESI Order, #3 Exhibit(s) 3 - Model Protective Order, #4 Exhibit(s) 4 - Redline Protective Order) (Schodde, Gregory)
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Filing 28
***UNFILED per Order See #30 **** MOTION for Leave to File Early Motion for Summary Judgment filed by ARS Home Solutions LLC, ActivePure Medical LLC, ActivePure Technologies LLC, Aerus Enterprise LLC, Aerus Franchising LLC, Aerus LLC, DBG Group Investments LLC, Vollara Concepts LLC, Vollara LLC with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) proposed Motion for Summary Judgment, #2 Exhibit(s) proposed Brief in Support of Motion for Summary Judgment, #3 Declaration(s) proposed Appendix in Support of Motion for Summary Judgment) (Nydegger, Chad) Modified on 4/20/2023 (svc).
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Filing 27
STATUS REPORT ORDER: Status Report due by 4/19/2023. (Ordered by Judge Jane J Boyle on 3/29/2023) (svc)
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Filing 26
ELECTRONIC ORDER granting #23 Application for Admission Pro Hac Vice of Christopher V. Carani. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Jane J Boyle on 3/29/2023) (chmb)
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Filing 25
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by ARS Home Solutions LLC, ActivePure Medical LLC, ActivePure Technologies LLC, Aerus Enterprise LLC, Aerus Franchising LLC, Aerus LLC, DBG Group Investments LLC, Vollara Concepts LLC, Vollara LLC. (Clerk QC note: No affiliate entered in ECF). (Nydegger, Chad)
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Filing 24
ANSWER to #1 Complaint, with Jury Demand filed by ARS Home Solutions LLC, ActivePure Medical LLC, ActivePure Technologies LLC, Aerus Enterprise LLC, Aerus Franchising LLC, Aerus LLC, DBG Group Investments LLC, Vollara Concepts LLC, Vollara LLC. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions 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. (Nydegger, Chad)
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Filing 23
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number CTXNDC-13591360) filed by Puradigm LLC (Attachments: #1 Proposed Order)Attorney Christopher V Carani added to party Puradigm LLC(pty:pla) (Carani, Christopher)
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Filing 22
ELECTRONIC ORDER granting #21 Application for Admission Pro Hac Vice of Andrew B. Karp. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Jane J Boyle on 3/15/2023) (chmb)
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Filing 21
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13588142) filed by Puradigm LLC (Attachments: #1 Proposed Order)Attorney Andrew Karp added to party Puradigm LLC(pty:pla) (Karp, Andrew)
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Filing 20
SUMMONS Returned Executed as to ActivePure Technologies LLC ; served on 2/28/2023. (Schodde, Gregory)
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Filing 19
ELECTRONIC ORDER granting #18 Application for Admission Pro Hac Vice of Chad E. Nydegger. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Jane J Boyle on 3/3/2023) (chmb)
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Filing 18
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Chad E. Nyedegger (Filing fee $100; Receipt number ATXNDC-13557544) filed by ARS Home Solutions LLC, ActivePure Medical LLC, ActivePure Technologies LLC, Aerus Enterprise LLC, Aerus Franchising LLC, Aerus LLC, DBG Group Investments LLC, Vollara Concepts LLC, Vollara LLC (Attachments: #1 Proposed Order) (Bennett, Joshua)
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Filing 17
ELECTRONIC ORDER granting #15 Motion for Extension of Time to File Answer. Defendants' answer or other responsive pleading is now due March 27, 2023. (Ordered by Judge Jane J Boyle on 2/27/2023) (chmb)
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Filing 16
RESPONSE filed by Puradigm LLC re: #10 Order to Show Cause/Order to Answer, (Schodde, Gregory)
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Filing 15
Unopposed Motion for Extension of Time to File Answer or Respond filed by ARS Home Solutions LLC, ActivePure Medical LLC, ActivePure Technologies LLC, Aerus Enterprise LLC, Aerus Franchising LLC, Aerus LLC, DBG Group Investments LLC, Vollara Concepts LLC, Vollara LLC (Attachments: #1 Proposed Order)Attorney Joshua J Bennett added to party ARS Home Solutions LLC(pty:dft), Attorney Joshua J Bennett added to party ActivePure Medical LLC(pty:dft), Attorney Joshua J Bennett added to party ActivePure Technologies LLC(pty:dft), Attorney Joshua J Bennett added to party Aerus Enterprise LLC(pty:dft), Attorney Joshua J Bennett added to party Aerus Franchising LLC(pty:dft), Attorney Joshua J Bennett added to party Aerus LLC(pty:dft), Attorney Joshua J Bennett added to party DBG Group Investments LLC(pty:dft), Attorney Joshua J Bennett added to party Vollara Concepts LLC(pty:dft), Attorney Joshua J Bennett added to party Vollara LLC(pty:dft) (Bennett, Joshua)
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Filing 14
SUMMONS Returned Executed as to ARS Home Solutions LLC ; served on 2/3/2023; ActivePure Medical LLC ; served on 2/3/2023; Aerus Enterprise LLC ; served on 2/3/2023; Aerus Franchising LLC ; served on 2/3/2023; Aerus LLC ; served on 2/3/2023; DBG Group Investments LLC ; served on 2/3/2023; Vollara Concepts LLC ; served on 2/3/2023; Vollara LLC ; served on 2/3/2023. (Schodde, Gregory)
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Filing 13
ELECTRONIC ORDER granting #8 Application for Admission Pro Hac Vice of Scott P. McBride. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Jane J Boyle on 2/22/2023) (chmb)
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Filing 12
ELECTRONIC ORDER granting #9 Application for Admission Pro Hac Vice of Philipp Ruben. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Jane J Boyle on 2/22/2023) (chmb)
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Filing 11
NOTICE of Attorney Appearance by David William Higer on behalf of Puradigm LLC. (Filer confirms contact info in ECF is current.) (Higer, David)
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Filing 10
Order to Show Cause: The Court ORDERS the following: By Thursday, February 23, 2023, Plaintiff must SHOW CAUSE, in writing, why local counsel has not yet appeared on its behalf. The Court will not admit attorneys pro hac vice until Plaintiff has done so. (Ordered by Judge Jane J Boyle on 2/16/2023) (svc)
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Filing 9
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13498520) filed by Puradigm LLC (Attachments: #1 Proposed Order)Attorney Philipp Ruben added to party Puradigm LLC(pty:pla) (Ruben, Philipp)
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Filing 8
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13487606) filed by Puradigm LLC (Attachments: #1 Proposed Order)Attorney Scott P McBride added to party Puradigm LLC(pty:pla) (McBride, Scott)
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Filing 7
ELECTRONIC ORDER granting #3 Application for Admission Pro Hac Vice of Gregory C. Schodde. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Jane J Boyle on 1/30/2023) (chmb)
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Filing 6
Report to Patent/Trademark Office of Initiating Document. Form AO 120 e-mailed to notice_of_suit@uspto.gov. (mms)
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Filing 5
Summons Issued as to ARS Home Solutions LLC, ActivePure Medical LLC, ActivePure Technologies LLC, Aerus Enterprise LLC, Aerus Franchising LLC, Aerus LLC, DBG Group Investments LLC, Vollara Concepts LLC, Vollara LLC. (mms)
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Filing 4
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. (mms)
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Filing 3
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13476574) filed by Puradigm LLC (Attachments: #1 Proposed Order) (Schodde, Gregory)
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Filing 2
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Puradigm LLC. (Clerk QC note: No affiliate entered in ECF). (Schodde, Gregory)
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Filing 1
COMPLAINT WITH JURY DEMAND against All Defendants filed by Puradigm LLC. (Filing fee $402; Receipt number ATXNDC-13476417) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. 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) A, #2 Cover Sheet) (Schodde, Gregory)
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