OSGHD LLC v. Nomi Health Inc et al
| OSGHD, LLC and OSGHD LLC |
| NOMI HEALTH, INC., DOMO, INC., Nomi Health Inc and Domo Inc |
| 3:2023cv00604 |
| March 17, 2023 |
| US District Court for the Northern District of Texas |
| Ed Kinkeade |
| Property Rights: Copyright |
| 17 U.S.C. § 501 Copyright Infringement |
| Plaintiff |
Docket Report
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Filing 37
ELECTRONIC ORDER: Before the Court are Defendant Nomi Health, Inc.'s ("Nomi") Request for Judicial Notice in Support of Defendant Nomi Health, Inc.'s Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6), Doc. No. 28, and Defendant Domo, Inc.s ("Domo") Request for Judicial Notice in Connection with Its Motion to Dismiss Plaintiff's Complaint, Doc. No. 34 (collectively, the "Motions"). Per N.D. Tex. L. Civ. R. 7.1, the Motions each require a certificate of conference. The Court ORDERS Nomi and Domo to supplement their Motions with the required certificate of conference by May 19, 2023. Failure of either Defendant to timely comply with this Order will result in the unfiling of their Motion. (Ordered by Judge Ed Kinkeade on 5/11/2023) (chmb)
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Filing 36
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER. (Ordered by Judge Ed Kinkeade on 5/11/2023) (chmb)
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| Filing 35 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Domo Inc. (Clerk QC note: No affiliate entered in ECF). (Buffmire, Edwin) |
| Filing 34 Request for Judicial Notice in Connection with #31 Motion to Dismiss . filed by Domo Inc (Attachments: #1 Exhibit(s) Exhibit A) (Buffmire, Edwin) Modified on 5/11/2023 (acm). |
| Filing 33 Appendix in Support filed by Domo Inc re #32 Brief/Memorandum in Support of Motion to Dismiss (Buffmire, Edwin) |
| Filing 32 Brief/Memorandum in Support filed by Domo Inc re #1 Complaint Motion to Dismiss Pursuant to FRCP 12(b)(2) and 12(b)(6) (Attachments: #1 Proposed Order Proposed Order) (Buffmire, Edwin) |
| Filing 31 MOTION to Dismiss Pursuant to FRCP 12(b)(2) and 12(b)(6) filed by Domo Inc (Buffmire, Edwin) |
| Filing 30 (Document Restricted) Under Seal Attorney Contact Information (Sealed pursuant to SO 19-1, statute, or rule) filed by Domo Inc (Buffmire, Edwin) |
| Filing 29 NOTICE of Attorney Appearance by Shannon Zmud Teicher on behalf of Domo Inc. (Filer confirms contact info in ECF is current.) (Teicher, Shannon) |
| Filing 28 MOTION for Judicial Notice in Support of Defendant Nomi's Motion to Dismiss re #27 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by Nomi Health Inc (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F) (Pankratz, Kurt) |
| Filing 27 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by Nomi Health Inc (Attachments: #1 Declaration(s) of Carl "Boe" Hartman ISO Nomi's Motion to Dismiss, #2 Exhibit(s) A to the Declaration of Hartman, #3 Exhibit(s) B to the Declaration of Hartman) (Pankratz, Kurt) |
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Filing 26
ELECTRONIC ORDER granting #18 Application for Admission Pro Hac Vice of Juan Obregon. 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 Ed Kinkeade on 5/4/2023) (chmb)
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| Filing 25 NOTICE of Defendant Domo, Inc.'s Designation of Local Counsel filed by Domo Inc (Buffmire, Edwin) |
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Filing 24
ELECTRONIC ORDER: On April 19, 2023, Defendant Domo, Inc. ("Domo") filed its Opposed Motion to Extend Time to Respond to Complaint (the "Motion"). Doc. No. 20. Less than twenty-four hours later, Domo filed its Notice of Withdrawal of Domo's Motion to Extend Time to Respond to Complaint (the "Notice of Withdrawal"), Doc. No. 21, noting that Plaintiff stipulated to a thirty-day extension for Domo to answer or otherwise respond to Plaintiff's Complaint, Doc. No. 1. Given that Domo was served on March 20, 2023, see Doc. No. 9 at 2, Domo had until April 10, 2023 to timely answer, otherwise respond, or seek an extension. See Fed. R. Civ. P. 12(a)(1)(A)(i). Even if the Court permitted parties to stipulate to extensions to answer or otherwise respond (which it does not), Domo's Motion was untimely. Per Fed. R. Civ. P. 6(b), "When an act may or must be done within a specified time, the court may, for good cause, extend the time: (A) with or without motion or notice if the court acts, or if a request is made, before the original time or its extension expires; or (B) on motion made after the time has expired if the party failed to act because of excusable neglect." The Court finds that Domo established excusable neglect in its Motion, and it liberally construes Domo's Notice of Withdrawal and Motion as a Motion for an Extension of Time to Answer or Otherwise Respond to Plaintiff's Complaint, which the Court GRANTS. Domo shall answer or otherwise respond to Plaintiff's Complaint by May 10, 2023. From now on, parties shall seek leave for deadline extensions unless otherwise provided for in the Federal Rules of Civil Procedure or other orders of this Court. (Ordered by Judge Ed Kinkeade on 4/20/2023) (chmb)
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Filing 23
ELECTRONIC ORDER - Before the Court is Defendant Domo, Inc.'s ("Domo") Motion for Leave to Proceed Without Local Counsel (the "Motion"). Doc. No. 17. The Court DENIES the Motion. Per N.D. Tex. L. Civ. R. 83.10(a), Domo shall file written designation of local counsel by May 4, 2023. Once Local Counsel is designated, the Court will then consider Counsel's Application to Proceed Pro Hac Vice. (Ordered by Judge Ed Kinkeade on 4/20/2023) (chmb)
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Filing 22
ELECTRONIC ORDER withdrawing #20 Motion to Extend Time to File Response/Reply. (Ordered by Judge Ed Kinkeade on 4/20/2023) (chmb)
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| Filing 21 NOTICE of Withdrawal re: #20 MOTION for Extension of Time to File Response/Reply to #1 Complaint filed by Domo Inc (Obregon, Juan) |
| Filing 20 ***WITHDRAWN PER 22 ORDER***MOTION for Extension of Time to File Response/Reply to #1 Complaint, filed by Domo Inc. (Attachments: #1 Declaration(s) Horrocks Declaration, #2 Proposed Order) (Obregon, Juan) Modified on 4/20/2023 (ykp). |
| Filing 19 NOTICE of Attorney Appearance by Juan Obregon on behalf of Domo Inc. (Filer confirms contact info in ECF is current.) (Obregon, Juan) |
| Filing 18 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13678667) filed by Domo Inc (Obregon, Juan) (Additional attachment(s) added on 4/19/2023: #1 Additional Page(s) Signed PHV Application) (chmb). |
| Filing 17 MOTION for Leave to File Motion For Leave To Proceed Without Local Counsel filed by Domo Inc (Attachments: #1 Proposed Order)Attorney Juan Obregon added to party Domo Inc(pty:dft) (Obregon, Juan) |
| Filing 16 (Document Restricted) Under Seal Attorney Contact Information (Sealed pursuant to SO 19-1, statute, or rule) filed by Nomi Health Inc (Pankratz, Kurt) |
| Filing 15 NOTICE of Attorney Appearance by Ariel Dawn House on behalf of Nomi Health Inc. (Filer confirms contact info in ECF is current.) (House, Ariel) |
| Filing 14 NOTICE of Attorney Appearance by James Collin Williams on behalf of Nomi Health Inc. (Filer confirms contact info in ECF is current.) (Williams, James) |
| Filing 13 NOTICE of Attorney Appearance by Susan Cannon Kennedy on behalf of Nomi Health Inc. (Filer confirms contact info in ECF is current.) (Kennedy, Susan) |
| Filing 12 NOTICE of Attorney Appearance by Kurt M Pankratz on behalf of Nomi Health Inc. (Filer confirms contact info in ECF is current.) (Pankratz, Kurt) |
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Filing 11
ELECTRONIC ORDER: Before the Court is Defendant Nomi Health, Inc.'s Unopposed Motion for an Extension of Time to Respond to the Complaint (the "Motion"). Doc. No. 10. The Court GRANTS the Motion. The deadline for Defendant Nomi Health, Inc. to answer or otherwise respond to the Complaint, Doc. No. 1, is extended to May 8, 2023. (Ordered by Judge Ed Kinkeade on 4/11/2023) (chmb)
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| Filing 10 Unopposed MOTION to Extend Time to respond to the Complaint filed by Nomi Health Inc (Attachments: #1 Proposed Order)Attorney Kurt M Pankratz added to party Nomi Health Inc(pty:dft) (Pankratz, Kurt) |
| Filing 9 SUMMONS Returned Executed as to Domo Inc; served on 3/20/2023. (Cruciani, Gary) |
| Filing 8 SUMMONS Returned Executed as to Nomi Health Inc; served on 3/20/2023. (Cruciani, Gary) |
| Filing 7 Report to Copyright Office of Initiating Document. Form AO 121 e-mailed to 508filings@loc.gov. (mlb) |
| Filing 6 Summons Issued as to Domo Inc, Nomi Health Inc. (mlb) |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by OSGHD, LLC. (Clerk QC note: No affiliate entered in ECF). (Cruciani, Gary) |
| Filing 5 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. (mlb) |
| Filing 3 Request for Clerk to issue Summons to Defendant Nomi Health Inc. filed by OSGHD, LLC. (Cruciani, Gary) |
| Filing 2 Request for Clerk to issue Summons to Defendant Domo Inc. filed by OSGHD, LLC. (Cruciani, Gary) |
| Filing 1 COMPLAINT WITH JURY DEMAND against All Defendants filed by OSGHD, LLC. (Filing fee $402; Receipt number ATXNDC-13598508) Plaintiff will submit summons(es) for issuance. 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 Cover Sheet Civil Cover Sheet, #2 Exhibit(s) Exhibit A) (Cruciani, Gary) |
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