Fire Protection Service, Inc. v. Survitec Survival Products, Inc.

Justia Dockets & Filings Fifth Circuit Texas Southern District Fire Protection Service, Inc. v. Survitec Survival Products, Inc.

Fire Protection Service, Inc. v. Survitec Survival Products, Inc.

Plaintiff:	Fire Protection Service, Inc.
Defendant:	Survitec Survival Products, Inc.
Case Number:	4:2019cv02162
Filed:	June 14, 2019
Court:	US District Court for the Southern District of Texas
Presiding Judge:	Nancy F Atlas
Nature of Suit:	Contract: Other
Cause of Action:	28 U.S.C. § 1330 Breach of Contract
Jury Demanded By:	None

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Docket Report

This docket was last retrieved on July 18, 2023. A more recent docket listing may be available from PACER.

Date Filed	Document Text
May 14, 2021	Electronic Access to Record on Appeal Provided re: #82 Notice of Appeal to Jeremy Gaston. Attorneys of record at the Circuit may #download the record from the Court of Appeals. (USCA No. 21-20145), filed.(dnoriega, 1)
May 11, 2021	Electronic Access to Record on Appeal Provided re: #82 Notice of Appeal to Nicholas Bacarisse; Wallace Jefferson & Melanie Plowman. Attorneys of record at the Circuit may #download the record from the Court of Appeals. (USCA No. 21-20145), filed.(dnoriega, 1)
May 11, 2021	Electronic record on appeal certified to the Fifth Circuit Court of Appeals re: #82 Notice of Appeal USCA No. 21-20145, filed.(dnoriega, 1)
May 7, 2021	Filing 93 Notice of Filing of Official Transcript as to #92 Transcript - Appeal,. Party notified, filed. (olindor, 4)
May 6, 2021	Filing 92 APPEAL TRANSCRIPT re Motion Hearing held on 1/11/21 before Judge Nancy F Atlas. Court Reporter Heather Alcaraz. Ordering Party: Scott Matney. This transcript relates to the following: #82 Notice of Appeal, #85 Appeal Transcript Request,. Release of Transcript Restriction set for 8/4/2021., filed. (halcaraz, )
April 26, 2021	Filing 91 Notice of Filing of Official Transcript as to #88 Transcript - Appeal, #90 Transcript - Appeal, #89 Transcript - Appeal,. Party notified, filed. (olindor, 4)
April 26, 2021	Appeal Remark re: #82 Notice of Appeal. Pending filing of transcript re: #85 DKT13 TRANSCRIPT ORDER REQUEST (USCA No. 21-20145), filed.(mperez, 1)
April 23, 2021	Filing 90 APPEAL TRANSCRIPT re Docket Call / Pretrial Conference held on 12/17/2020 before Judge Nancy F Atlas. Court Reporter/Transcriber Digital Scroll Transcription. Ordering Party: William Scott Matney. This transcript relates to the following: #84 Appeal Transcript Request,,. Release of Transcript Restriction set for 7/22/2021., filed. (lgriffin, )
April 23, 2021	Filing 89 APPEAL TRANSCRIPT re Pretrial Conference held on 11/12/2019 before Judge Nancy F Atlas. Court Reporter/Transcriber Digital Scroll Transcription. Ordering Party: William Scott Matney. This transcript relates to the following: #84 Appeal Transcript Request,,. Release of Transcript Restriction set for 7/22/2021., filed. (lgriffin, )
April 23, 2021	Filing 88 APPEAL TRANSCRIPT re Pretrial Conference held on 10/7/2019 before Judge Nancy F Atlas. Court Reporter/Transcriber Digital Scroll Transcription. Ordering Party: William Scott Matney. This transcript relates to the following: #84 Appeal Transcript Request,,. Release of Transcript Restriction set for 7/22/2021., filed. (lgriffin, )
March 26, 2021	Costs Taxed in the amount of $ 6,901.10 re: #78 Bill of Costs, filed. (dhansen, 4)
March 25, 2021	Filing 87 MEMORANDUM AND ORDER GRANTED Plaintiffs objections to Defendants bills of costare GRANTED. Defendant is awarded $6,901.10 as taxable costs of this litigation.(Signed by Judge Nancy F Atlas) Parties notified.(sashabranner, 4)
March 25, 2021	Filing 86 DKT13 TRANSCRIPT ORDER REQUEST by Plaintiff Fire Protection Service/Scott Matney. Transcript is already on file in Clerks office regarding Bench Trial, 2/3/21 and 2/4/21 before Judge Atlas. (A transcript is requested). Court Reporter/Transcriber: Trinity Transcription Services. This order form relates to the following: #70 Transcript, #82 Notice of Appeal, #71 Transcript,, filed.(Matney, William)
March 25, 2021	Filing 85 DKT13 TRANSCRIPT ORDER REQUEST by Plaintiff Fire Protection Service/Scott Matney. This is to order a transcript of Motion Hearing on 1/11/21 before Judge Atlas. Court Reporter/Transcriber: Heather Alcaraz. This order form relates to the following: #82 Notice of Appeal, filed.(Matney, William)
March 25, 2021	Filing 84 DKT13 TRANSCRIPT ORDER REQUEST by Plaintiff Fire Protection Service/Scott Matney. This is to order a transcript of Pretrial Conference on 10/7/19, before Judge Atlas; 11/12/19 Pretrial Conference before Judge Atlas; 12/17/20 Docket Call before Judge Atlas. Court Reporter/Transcriber: Digital Scroll Transcription Services. This order form relates to the following: #82 Notice of Appeal, filed.(Matney, William) Electronically forwarded to Digital Scroll Transcription Services on 3-26-2021. Estimated completion date: 4-26-2021. Modified on 3/26/2021 (MelissaMorgan, 4).
March 24, 2021	Notice of Assignment of USCA No. 21-20145 re: #82 Notice of Appeal, filed.(jtabares, 1)
March 16, 2021	Filing 83 Clerks Notice of Filing of an Appeal. The following Notice of Appeal and related motions are pending in the District Court: #82 Notice of Appeal. Fee status: Paid. Reporter(s): ERO; H. Alcaraz, filed. (dnoriega, 1)
March 16, 2021	Appeal Review Notes re: #82 Notice of Appeal. Fee status: Paid. The appeal filing fee has been paid or an ifp motion has been granted.Hearings were held in the case. DKT13 transcript order form(s) due within 14 days of the filing of the notice of appeal.Hearings were held in the case - transcripts were produced. Number of DKT-13 Forms expected: 4, filed.(dnoriega, 1)
March 15, 2021	Filing 82 NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: #69 Final Judgment by Fire Protection Service, Inc. (Filing fee $ 505, receipt number 0541-26108544), filed. (Matney, William)
March 15, 2021	Filing 81 Second RESPONSE in Opposition to #73 MOTION for Bill of Costs, filed by Fire Protection Service, Inc.. (Matney, William)
March 10, 2021	Filing 80 REPLY to #77 Response in Opposition to Motion -Objections to Bill of Costs filed by FPS as docket #77, filed by Survitec Survival Products, Inc.. (McLauchlan, David)
March 9, 2021	Filing 79 Second CERTIFICATE OF SERVICE of #78 Bill of Costs by Survitec Survival Products, Inc., filed.(McLauchlan, David)
March 9, 2021	Filing 78 Corrected BILL OF COSTS in total amount $12433.94 by Survitec Survival Products, Inc., filed. (Attachments: #1 Exhibit Exhibit A to 2nd Corrected Bill of Costs)(McLauchlan, David)
March 2, 2021	Filing 77 RESPONSE in Opposition to #73 MOTION for Bill of Costs, filed by Fire Protection Service, Inc.. (Matney, William)
February 25, 2021	Filing 76 Amended CERTIFICATE OF SERVICE of #75 Bill of Costs by Survitec Survival Products, Inc., filed.(McLauchlan, David)
February 25, 2021	Filing 75 Corrected BILL OF COSTS in total amount $10901.10 by Survitec Survival Products, Inc., filed. (Attachments: #1 Exhibit Exhibit A index and supporting documents)(McLauchlan, David)
February 24, 2021	Filing 74 NOTICE of Filing and Certificate of Service re: #73 MOTION for Bill of Costs by Survitec Survival Products, Inc., filed. (McLauchlan, David)
February 24, 2021	Filing 73 MOTION for Bill of Costs by Survitec Survival Products, Inc., filed. Motion Docket Date 3/17/2021. (Attachments: #1 Exhibit Exhibit A-Index and supporting documents for Bill of Costs)(McLauchlan, David)
February 16, 2021	Filing 72 Notice of Filing of Official Transcript as to #70 Transcript, #71 Transcript,. Party notified, filed. (olindor, 4)
February 14, 2021	Filing 71 TRANSCRIPT re: BENCH TRIAL DAY 2 held on February 4, 2021 before Judge Nancy F Atlas. Court Reporter/Transcriber TRINITY TRANSCRIPTION SERVICES. Ordering Party David McLauchlan Release of Transcript Restriction set for 5/17/2021., filed. (cbattaglia, )
February 14, 2021	Filing 70 TRANSCRIPT re: BENCH TRIAL DAY 1 held on February 3, 2021 before Judge Nancy F Atlas. Court Reporter/Transcriber Trinity Transcription Services. Ordering Party David McLauchlan Release of Transcript Restriction set for 5/17/2021., filed. (cbattaglia, )
February 12, 2021	Filing 69 FINAL JUDGMENT. Case terminated on 2/12/2021(Signed by Judge Nancy F Atlas) Parties notified.(sashabranner, 4)
February 12, 2021	Filing 68 MEMORANDUM AND ORDER Survitecs Motion for Judgment on Partial Findings [Doc.# 62] is GRANTED and judgment on FPSs claim under the Act is entered in favorof Survitec. The Court will issue a separate final judgment.(Signed by Judge Nancy F Atlas) Parties notified.(sashabranner, 4)
February 10, 2021	Filing 67 AO 435 TRANSCRIPT REQUEST by Survitec Survival Products, Inc./ David C. McLauchlan for Transcript of Trial on February 3-4, 2021 before Judge Nancy Atlas. 3-Day turnaround requested. Court Reporter/Transcriber: Digital Scroll Transcription Services, filed. (McLauchlan, David) Electronically forwarded to Trinity Transcription Services Transcription Services on 2-11-2021. Estimated completion date: 2-14-2021. Modified on 2/10/2021 (MelissaMorgan, 4). Modified on 2/11/2021 (MelissaMorgan, 4).
February 6, 2021	Filing 66 Trial EXHIBITS re: #59 Exhibit List, by Survitec Survival Products, Inc. (McLauchlan, Peter)
February 4, 2021	Filing 65 MINUTE ENTRY ORDER: Bench Trial-Day 2 held. The Court hears oral argument from Plaintiffs counsel and rebuttal argument from defense on the Rule 52 motion. The trial is abated pending the Courts opinion to be entered by February 12, 2021. Appearances: William Scott Matney, David Charles McLauchlan, Jeremy Jason Gaston, Peter A McLauchlan. Ct Reporter: ERO. (Signed by Judge Nancy F Atlas) Parties notified.(rguerrero, 4)
February 4, 2021	Filing 63 RESPONSE in Opposition to #62 MOTION for Directed Verdict, filed by Fire Protection Service, Inc.. (Attachments: #1 Leg. Hist., #2 Leg. Hist.)(Matney, William)
February 3, 2021	Filing 64 MINUTE ENTRY ORDER: Bench Trial held. Plaintiff witness testimony heard from Shane Bradley and Scott Hampton. Plaintiff offersdeposition testimony, and rests.Defendant makes Rule 52 motion. Plaintiffs counsel is to provide responsive brief byFebruary 4, 2021 by 9:00 a.m. Bench trial to resume February 4, 2021 at 10:00 a.m.. Appearances: William Scott Matney, David Charles McLauchlan, Peter A McLauchlan. Ct Reporter: ERO. (Signed by Judge Nancy F Atlas) Parties notified.(rguerrero, 4)
February 3, 2021	Filing 62 MOTION for Directed Verdict by Survitec Survival Products, Inc., filed. Motion Docket Date 2/24/2021. (McLauchlan, Peter)
February 2, 2021	Filing 61 NOTICE of Setting. Parties notified. Bench Trial set for 2/3/2021 at 09:30 AM in Courtroom 9F before Judge Nancy F Atlas, filed. (sashabranner, 4)
February 1, 2021	Filing 60 Supplemental EXHIBITS re: #59 Exhibit List, by Survitec Survival Products, Inc. (McLauchlan, David)
February 1, 2021	Filing 59 Amended Exhibit List by Survitec Survival Products, Inc. (Attachments: #1 Exhibit SSP-exh 13, #2 Exhibit SSP-exh 14, #3 Exhibit SSP=exh 15, #4 Exhibit SSP-exh 16, #5 Exhibit SSP-exh 17, #6 Exhibit SSP-exh 18, #7 Exhibit SSP-exh 19, #8 Exhibit SSP-exh 20, #9 Exhibit SSP-exh 21, #10 Exhibit SSP-exh 22, #11 Exhibit SSP-exh 23, #12 Exhibit SSP-exh 24)(McLauchlan, David)
February 1, 2021	Filing 58 Trial EXHIBITS re: #57 Exhibits,,, by Fire Protection Service, Inc.. Attached documents may be viewed in the Office of the Clerk.(Matney, William)
February 1, 2021	Filing 57 Trial EXHIBITS by Fire Protection Service, Inc. (Attachments: #1 Exhibit Plaintiff's Exh. 24, #2 Exhibit Plaintiff's Exh. 25, #3 Exhibit Plaintiff's Exh. 26, #4 Exhibit Plaintiff's Exh. 27, #5 Exhibit Plaintiff's Exh. 28, #6 Exhibit Plaintiff's Exh. 29, #7 Exhibit Plaintiff's Exh. 30, #8 Exhibit Plaintiff's Exh. 31, #9 Exhibit Plaintiff's Exh. 32, #10 Exhibit Plaintiff's Exh. 33, #11 Exhibit Plaintiff's Exh. 34, #12 Exhibit Plaintiff's Exh. 35, #13 Exhibit Plaintiff's Exh. 36, #14 Exhibit Plaintiff's Exh. 37, #15 Exhibit Plaintiff's Exh. 38, #16 Exhibit Plaintiff's Exh. 39, #17 Exhibit Plaintiff's Exh. 40)(Matney, William)
January 28, 2021	Filing 56 Amended Proposed Pretrial Order by Fire Protection Service, Inc. (Attachments: #1 Exhibit Plaintiff's Exh. List, #2 Exhibit Defendant's Exh. List, #3 Exhibit Plaintiff's Proposed FOF/COL, #4 Exhibit Defendant's Proposed FOF/COL)(Matney, William)
January 11, 2021	Filing 55 MINUTE ENTRY ORDER: Motion hearing held GRANTED in part and DENIED in part #41 Opposed MOTION to Amend. Appearances: William Scott Matney, David Charles McLauchlan, Peter A McLauchlan. Ct Reporter: Alcarez. Survival Products. Incs Motion to Amend [Doc. # 41] is GRANTED in part and DENIEDin part in accordance with the record.Survitec agrees to pay $4,000.00 to Fire Protection Service for extra expense of travel byexpert and must do so within 7 days.Parties may do expedited discovery on the new affirmative defenses, and must reconvenemediation with Judge Baker to attempt in good faith to work out this case.Amended answer due by midnight tomorrow, January 12, 2021.Discovery on the new affirmative defenses must be served by email on or before January18,,2021.Responses to new discovery must be served by January 25, 2021.Amended joint pretrial order due January 28, 2021.Hard copies of trial exhibits must be delivered to chambers or or before February 1, 2021.Bench trial reset toFebruary 3, 2021, at 12:00 p.m.It is further ORDERED that all parties must FILE copies of all newly designatedproposed trial exhibits and deposition excerpts in the court record no later thanFebruary 1, 2021. ( Bench Trial set for 2/3/2021 at 12:00 PM in Courtroom 9F before Judge Nancy F Atlas)(Signed by Judge Nancy F Atlas) Parties notified.(sashabranner, 4)
January 11, 2021	Filing 54 Second AMENDED ANSWER to #16 Amended Complaint/Counterclaim/Crossclaim etc. by Survitec Survival Products, Inc., filed. (McLauchlan, David)
January 11, 2021	Filing 53 NOTICE of Appearance by David C. McLauchlan on behalf of Survitec Survival Products, Inc., filed. (McLauchlan, David)
January 9, 2021	Filing 52 ORDER Setting Oral Argument on #41 Opposed MOTION to Amend on 1/11/2021 at 01:00 PM by telephone before Judge Nancy F Atlas.(Signed by Judge Nancy F Atlas) Parties notified.(TDR, 4)
January 8, 2021	Filing 51 REPLY in Support of #41 Opposed MOTION to Amend, filed by Survitec Survival Products, Inc.. (McLauchlan, Peter)
January 7, 2021	Filing 50 RESPONSE in Opposition to #41 Opposed MOTION to Amend, filed by Fire Protection Service, Inc.. (Attachments: #1 Proposed Order)(Matney, William)
January 5, 2021	Filing 49 First Exhibit List by Survitec Survival Products, Inc. (Attachments: #1 Exhibit SSP-001, #2 Exhibit SSP-002, #3 Exhibit SSP-003, #4 Exhibit SSP-004, #5 Exhibit SSP-005, #6 Exhibit SSP-006, #7 Exhibit SSP-007, #8 Exhibit SSP-008, #9 Exhibit SSP-009, #10 Exhibit SSP-010, #11 Exhibit SSP-011, #12 Exhibit SSP-012)(McLauchlan, Peter)
January 5, 2021	Filing 48 SEALED EXHIBITS re: #47 Exhibits,,,, by Fire Protection Service, Inc., filed. (Attachments: #1 Exhibit Plaintiff's Exh. 17-CONFIDENTIAL, #2 Exhibit Plaintiff's Exh. 20-CONFIDENTIAL, #3 Exhibit Plaintiff's Exh. 22-CONFIDENTIAL, #4 Exhibit Plaintiff's Exh. 23-CONFIDENTIAL) (Matney, William)
January 5, 2021	Filing 47 Trial EXHIBITS by Fire Protection Service, Inc. (Attachments: #1 Exhibit Plaintiff's Exh. 1, #2 Exhibit Plaintiff's Exh. 2, #3 Exhibit Plaintiff's Exh. 3, #4 Exhibit Plaintiff's Exh. 4, #5 Exhibit Plaintiff's Exh. 5, #6 Exhibit Plaintiff's Exh. 6, #7 Exhibit Plaintiff's Exh. 7, #8 Exhibit Plaintiff's Exh. 8, #9 Exhibit Plaintiff's Exh. 9, #10 Exhibit Plaintiff's Exh. 10, #11 Exhibit Plaintiff's Exh. 11, #12 Exhibit Plaintiff's Exh. 12, #13 Exhibit Plaintiff's Exh. 13, #14 Exhibit Plaintiff's Exh. 14 pt.1, #15 Exhibit Plaintiff's Exh. 14 pt. 2, #16 Exhibit Plaintiff's Exh. 14 pt. 3, #17 Exhibit Plaintiff's Exh. 14 pt. 4, #18 Exhibit Plaintiff's Exh. 14 pt. 5, #19 Exhibit Plaintiff's Exh. 14 pt. 6, #20 Exhibit Plaintiff's Exh. 15, #21 Exhibit Plaintiff's Exh. 16, #22 Exhibit Plaintiff's Exh. 18, #23 Exhibit Plaintiff's Exh. 19, #24 Exhibit Plaintiff's Exh. 21)(Matney, William)
January 5, 2021	Filing 46 NOTICE of Appearance by Jeremy Gaston on behalf of Survitec Survival Products, Inc., filed. (McLauchlan, Peter)
January 5, 2021	Filing 45 ORDER ; Motion-related deadline set re: #41 Opposed MOTION to Amend Responses due by 1/7/2021. Replies due by 1/8/2021(Signed by Judge Nancy F Atlas) Parties notified.(sashabranner, 4)
January 5, 2021	Filing 44 ORDER granting #42 Motion for David Charles McLauchlan to Appear Pro Hac Vice.(Signed by Judge Nancy F Atlas) Parties notified.(sashabranner, 4)
January 5, 2021	Filing 43 Plaintiff's Deposition Excerpts by Fire Protection Service, Inc., filed. (Attachments: #1 Unredacted attachment Hazen Deposition Transcript, #2 Exhibit Deposition Exh. 1, #3 Exhibit Deposition Exh. 2, #4 Exhibit Deposition Exh. 3, #5 Exhibit Deposition Exh. 4, #6 Exhibit Deposition Exh. 5, #7 Exhibit Deposition Exh. 6, #8 Exhibit Deposition Exh. 7, #9 Exhibit Deposition Exh. 8, #10 Exhibit Deposition Exh. 9, #11 Exhibit Deposition Exh. 10, #12 Exhibit Deposition Exh. 11, #13 Exhibit Deposition Exh. 12, #14 Exhibit Deposition Exh. 13)(Matney, William)
January 4, 2021	Filing 42 Unopposed MOTION for David C. McLauchlan to Appear Pro Hac Vice by Survitec Survival Products, Inc., filed. Motion Docket Date 1/25/2021. (Attachments: #1 Exhibit Exhibit A to Motion for Pro Hac Vice)(McLauchlan, Peter)
January 4, 2021	Filing 41 Opposed MOTION to Amend by Survitec Survival Products, Inc., filed. Motion Docket Date 1/25/2021. (Attachments: #1 Exhibit Exhibit A to motion declaration of Gerald Nielsen, #2 Exhibit Exhibit B to motion proposed Amended Pleading, #3 Proposed Order)(McLauchlan, Peter)
December 17, 2020	Filing 40 MINUTE ENTRY ORDER: Docket call held Appearances: William Scott Matney, Peter A McLauchlan. Ct Reporter: ERO. Parties to submit trial exhibits and deposition excerpts by January 5, 2021 (Copies of thethese trial materials must be filed on CM/ECF and a hard copy delivered to chambers.) Mediation due by 1/8/2021. Bench Trial set for 1/12/2021 at 09:30 AM in Courtroom 9F before Judge Nancy F Atlas(Signed by Judge Nancy F Atlas) Parties notified.(sashabranner, 4)
December 7, 2020	Filing 39 MEMORANDUM AND ORDER DENIED #32 Second MOTION for Partial Summary Judgment (Signed by Judge Nancy F Atlas) Parties notified.(sashabranner, 4)
December 3, 2020	Filing 38 First SUPPLEMENT to #37 MOTION to Supplement Document 34 as to #32 Second MOTION for Partial Summary Judgment , #34 MOTION Statement of Material Facts in Support of Motion for Partial Summary Judgment, #33 MOTION Memorandum of Law in support of motion for p by Survitec Survival Products, Inc., filed. (Attachments: #1 Supplement Tim Hazen complete deposition transcript, #2 Supplement Shane Bradley complete deposition)(McLauchlan, Peter)
December 3, 2020	Filing 37 MOTION to Supplement Document 34 as to #32 Second MOTION for Partial Summary Judgment , #34 MOTION Statement of Material Facts in Support of Motion for Partial Summary Judgment, #33 MOTION Memorandum of Law in support of motion for partial summary judgment by Survitec Survival Products, Inc., filed. Motion Docket Date 12/24/2020. (Attachments: #1 Exhibit Bradley Deposition excerpts, #2 Exhibit Hazen Deposition excerpt, #3 Exhibit Hazen Deposition excerpt, #4 Exhibit Bradley Deposition excerpt)(McLauchlan, Peter)
November 23, 2020	Filing 36 RESPONSE to #32 Second MOTION for Partial Summary Judgment filed by Fire Protection Service, Inc.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3)(Matney, William)
November 5, 2020	Filing 35 ORDER Docket call in this case is currently set for November 18, 2020. DefendantSurvitec has filed a Motion for Partial Summary Judgment [Doc. # 32] that will notbe fully briefed until November 30, 2020. See S.D. TEX. LOC. R. 7.2. It isthereforeORDERED that Docket Call set for 12/17/2020 at 12:00 PM in Courtroom 9F before Judge Nancy F Atlas(Signed by Judge Nancy F Atlas) Parties notified.(sashabranner, 4)
November 2, 2020	Filing 34 MOTION Statement of Material Facts in Support of Motion for Partial Summary Judgment by Survitec Survival Products, Inc., filed. Motion Docket Date 11/23/2020. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3)(McLauchlan, Peter)
November 2, 2020	Filing 33 MOTION Memorandum of Law in support of motion for partial summary judgment by Survitec Survival Products, Inc., filed. Motion Docket Date 11/23/2020. (Attachments: #1 Exhibit Judge Harmon opinion, #2 Exhibit 5th Cir. opinion, #3 Exhibit Texas Supreme Court action, #4 Exhibit Parties agreed dismissal of TX Supreme Court action)(McLauchlan, Peter)
November 2, 2020	Filing 32 Second MOTION for Partial Summary Judgment by Survitec Survival Products, Inc., filed. Motion Docket Date 11/23/2020. (McLauchlan, Peter)
November 2, 2020	Filing 31 Joint Proposed Pretrial Order by Fire Protection Service, Inc. (Attachments: #1 Exhibit Plaintiff's Exhibit List, #2 Exhibit Defendant's Exhibit List, #3 Exhibit Plaintiff's Proposed FOF/COL, #4 Exhibit Defendant's Proposed FOF/COL)(Matney, William)
October 29, 2020	Filing 30 ORDER granting #29 Motion to Withdraw as Attorney. Attorney Anacarolina Estaba and Jason P. Sharp is terminated.(Signed by Judge Nancy F Atlas) Parties notified.(sashabranner, 4)
October 29, 2020	Filing 29 Unopposed MOTION for Anacarolina Estaba and Jason P. Sharp to Withdraw as Attorney by Survitec Survival Products, Inc., filed. Motion Docket Date 11/19/2020. (Attachments: #1 Proposed Order Order Granting Unopposed Motion for Withdrawal of Counsel and Request to be Removed From Service List)(Estaba, Anacarolina)
September 14, 2020	Filing 28 ORDER granting #27 Motion for Continuance Joint Pretrial Order due by 11/2/2020. Docket Call set for 11/18/2020 at 11:00 AM in Courtroom 9F before Judge Nancy F Atlas.(Signed by Judge Nancy F Atlas) Parties notified.(sashabranner, 4)
September 14, 2020	Filing 27 Unopposed MOTION for Continuance of dates for filing Joint Pre Trial Order and Docket Call by Survitec Survival Products, Inc., filed. Motion Docket Date 10/5/2020. (Attachments: #1 Proposed Order Order Granting Unopposed Motion for Continuance)(Estaba, Anacarolina)
July 10, 2020	Filing 26 MEMORANDUM AND ORDER DENIED #23 MOTION for Partial Summary Judgment (Signed by Judge Nancy F Atlas) Parties notified.(sashabranner, 4)
July 6, 2020	Filing 25 REPLY in Support of #23 MOTION for Partial Summary Judgment , filed by Survitec Survival Products, Inc.. (McLauchlan, Peter)
June 29, 2020	Filing 24 REPLY to Response to #23 MOTION for Partial Summary Judgment , filed by Fire Protection Service, Inc.. (Matney, William)
June 8, 2020	Filing 23 MOTION for Partial Summary Judgment by Survitec Survival Products, Inc., filed. Motion Docket Date 6/29/2020. (Attachments: #1 Exhibit Declaration of George Farrelly, #2 Exhibit Declaration of Gerald Nielsen, #3 Exhibit Declaration of Jay Propes)(Estaba, Anacarolina)
February 18, 2020	Filing 22 ORDER The Court has received Defendants email dated February 4, 2020 [Doc. # 17]and Plaintiffs letter dated February 13, 2020 [Doc. # 20] regarding issues that aroseat the parties December 10, 2019 mediation. It is herebyORDERED that the conference previously scheduled for February 19, 2020[Doc. # 18] is CANCELLED. It appears all of the issues Defendant intends to raiseare subject to the confidentiality rules governing ADR and mediation. See S.D. Tex.Local Rule 16.4; Rule 11 of the Rules of Mediation agreed to by the parties prior tomediation, a copy of which is attached to Plaintiffs February 13, 2020 letter.(Signed by Judge Nancy F Atlas) Parties notified.(sashabranner, 4)
February 13, 2020	Filing 21 First AMENDED ANSWER to #16 Amended Complaint/Counterclaim/Crossclaim etc. by Survitec Survival Products, Inc., filed. (Estaba, Anacarolina)
February 13, 2020	Filing 20 CERTIFICATE of Conference re: #18 Order by Fire Protection Service, Inc., filed.(Matney, William)
February 13, 2020	Filing 19 NOTICE of Resetting as to #18 Order. Parties notified. Discovery Hearing set for 2/19/2020 at 02:30 PM (TIME CHANGE ONLY) in Courtroom 9F before Judge Nancy F Atlas, filed. (sashabranner, 4)
February 4, 2020	Filing 18 ORDER SETTING CONFERENCE AND DIRECTIVE TO CONFER Discovery Hearing set for 2/19/2020 at 11:30 AM in Courtroom 9F before Judge Nancy F Atlas(Signed by Judge Nancy F Atlas) Parties notified.(sashabranner, 4)
February 4, 2020	Filing 17 Letter from Anacarolina Bendfeldt re: Request for Scheduling Conference, filed. (sashabranner, 4)
January 30, 2020	Filing 16 First AMENDED PETITION against Survitec Survival Products, Inc. filed by Fire Protection Service, Inc..(Matney, William)
December 26, 2019	Filing 15 First AMENDED ANSWER to by Survitec Survival Products, Inc., filed. (Estaba, Anacarolina)
December 5, 2019	Filing 14 ANSWER to Complaint by Survitec Survival Products, Inc., filed.(Estaba, Anacarolina)
November 12, 2019	Filing 13 SCHEDULING ORDER. ETT: 2 days. Bench. Amended Pleadings due by 1/31/2020. Joinder of Parties due by 1/31/2020 Pltf Expert Report due by 3/20/2020. Deft Expert Report due by 4/20/2020. Rebuttal Opinions due 5/15/2020 Discovery due by 6/15/2020. Mediation due by 12/31/2019. Dispositive Motion Filing due by 7/7/2020. Non-Dispositive Motion Filing due by 7/7/2020. Joint Pretrial Order due by 9/30/2020. Docket Call set for 10/14/2020 at 02:30 PM in Courtroom 9F before Judge Nancy F Atlas(Signed by Judge Nancy F Atlas) Parties notified.(sashabranner, 4)
November 12, 2019	Filing 12 MINUTE ENTRY ORDER: Pretrial conference held Appearances: William Scott Matney, Anacarolina Estaba. Ct Reporter: ERO. Docket control order to follow.(Signed by Judge Nancy F Atlas) Parties notified.(sashabranner, 4)
November 6, 2019	Filing 11 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Survitec Survival Products, Inc., filed.(Estaba, Anacarolina)
October 7, 2019	Filing 10 MINUTE ENTRY ORDER: Pretrial conference held Appearances: William Scott Matney, Anacarolina Estaba. Ct Reporter: ERO. Parties are exchanging documents and are in discussions. Revised Joint Discovery/Case Management Plan due by 11/7/2019. Pretrial Conference set for 11/12/2019 at 01:30 PM in Courtroom 9F before Judge Nancy F Atlas(Signed by Judge Nancy F Atlas) Parties notified.(sashabranner, 4)
September 30, 2019	Filing 9 Joint JOINT DISCOVERY/CASE MANAGEMENT PLAN by Fire Protection Service, Inc., filed.(Matney, William)
August 9, 2019	Filing 8 MEMORANDUM AND ORDER DENIED #5 MOTION to Dismiss (Signed by Judge Nancy F Atlas) Parties notified.(sashabranner, 4)
August 5, 2019	Filing 7 REPLY to #6 Response in Opposition to Motion , filed by Survitec Survival Products, Inc.. (Estaba, Anacarolina)
July 29, 2019	Filing 6 RESPONSE in Opposition to #5 MOTION to Dismiss , filed by Fire Protection Service, Inc.. (Attachments: #1 Exhibit Whitney Certificate, #2 Proposed Order Order Denying Motion to Dismiss)(Matney, William)
July 8, 2019	Filing 5 MOTION to Dismiss by Survitec Survival Products, Inc., filed. Motion Docket Date 7/29/2019. (Attachments: #1 Proposed Order)(McLauchlan, Peter)
July 1, 2019	Filing 4 CERTIFICATE OF INTERESTED PARTIES by Survitec Survival Products, Inc., filed.(McLauchlan, Peter)
July 1, 2019	Filing 3 CERTIFICATE OF INTERESTED PARTIES by Fire Protection Service, Inc., filed.(Matney, William)
June 17, 2019	Filing 2 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 10/7/2019 at 01:00 PM in Courtroom 9F before Judge Nancy F Atlas(Signed by Judge Nancy F Atlas) Parties notified.(ckrus, 4)
June 14, 2019	Filing 1 NOTICE OF REMOVAL from Harris County District Court No. 113, case number 2019-34230 (Filing fee $ 400 receipt number 0541-22618061) filed by Survitec Survival Products, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Civil Cover Sheet)(McLauchlan, Peter)

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Plaintiff: Fire Protection Service, Inc.
Represented By:	William Scott Matney
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Defendant: Survitec Survival Products, Inc.
Represented By:	Peter A McLauchlan
Represented By:	Anacarolina Estaba
Represented By:	David Charles McLauchlan
Represented By:	Jeremy Jason Gaston
Represented By:	Peter A. McLauchlan
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