Epic Tech, LLC v. Fusion Skill, Inc. et al
Epic Tech, LLC |
Jhonny Donnelly, Alexander Gregory, Fusion Skill, Inc. and Texas Wiz, LLC |
4:2019cv02400 |
July 3, 2019 |
US District Court for the Southern District of Texas |
Keith P Ellison |
Copyright |
17 U.S.C. § 101 |
Both |
Docket Report
This docket was last retrieved on February 15, 2022. A more recent docket listing may be available from PACER.
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Minute Entry for proceedings held before Judge Keith P Ellison. MOTION HEARING held on 8/29/2019. The Court DENIES without prejudice Defendants' Motion to Increase Bond Amount (Doc. No. #63 ). Defendants may submit a corrected motion. Appearances: For Plaintiff: Joseph R Callister; For Defendant: Evan W Talley, Julie L Langdon,.(Court Reporter: B. Slavin)(Law Clerk: K. Schiffman), filed.(olindor, 4) |
Filing 67 NOTICE of Setting as to #63 SEALED MOTION . Parties notified. Motion Hearing set for 8/29/2019 at 03:00 PM in Courtroom 3A Houston before Judge Keith P Ellison, filed. (arrivera, 4) |
Filing 66 SEALED RESPONSE to Defendants' Motion to Increase the Amount of the Bond Associated with the Temporary Restraining Order by Epic Tech, LLC, filed. (Attachments: #1 Exhibit A) (Martin, Brant) |
Filing 65 ORDER granting #62 Unopposed MOTION to Seal Motion to Increase Bond, The Supporting Declaration and Associated Exhibits (Signed by Judge Keith P Ellison) Parties notified.(olindor, 4) |
Filing 64 SEALED DOCUMENT by Jhonny Donnelly, Fusion Skill, Inc., Alexander Gregory, Texas Wiz, LLC, filed. (Attachments: #1 Exhibit, #2 Exhibit) (Potts, Jeffrey) |
Filing 63 SEALED MOTION by Jhonny Donnelly, Fusion Skill, Inc., Alexander Gregory, Texas Wiz, LLC, filed. (Attachments: #1 Proposed Order) (Potts, Jeffrey) |
Filing 62 Unopposed MOTION to Seal Motion to Increase Bond, The Supporting Declaration and Associated Exhibits by Jhonny Donnelly, Fusion Skill, Inc., Alexander Gregory, Texas Wiz, LLC, filed. Motion Docket Date 9/10/2019. (Attachments: #1 Proposed Order)(Potts, Jeffrey) |
Filing 60 ORDER granting #55 MOTION for Sean Patrick to Appear Pro Hac Vice (Signed by Judge Keith P Ellison) Parties notified.(olindor, 4) |
Filing 59 ORDER granting #54 MOTION for Aaron Rifkind to Appear Pro Hac Vice (Signed by Judge Keith P Ellison) Parties notified.(olindor, 4) |
Filing 58 PROPOSED ORDER Modified Temporary Restraining Order re: #29 Order,, filed.(Martin, Brant) |
Minute Entry for proceedings held before Judge Keith P Ellison. MOTION HEARING held on 8/15/2019. The Court GRANTS IN PART Defendants' Motion to Modify TRO (Doc. No. #41 ). The agreed order will be entered. Defendants may submit a motion to modify the bond within five (5) days, providing a declaration about damages suffered by Defendants because of the injunction. Plaintiff's response will be due in five (5) days. Appearances: Evan W. Talley, Jordan A. Sigale, Julie L. Langdon, Aaron Rifkind, Ethan A Minshull, Brant C Martin.(Court Reporter: H. Alcaraz)(Law Clerk: L. Scaduto), filed.(arrivera, 4) |
Filing 57 CORPORATE DISCLOSURE STATEMENT by Texas Wiz, LLC, filed.(Potts, Jeffrey) |
Filing 56 CORPORATE DISCLOSURE STATEMENT by Fusion Skill, Inc., filed.(Potts, Jeffrey) |
Filing 55 MOTION for Sean Patrick to Appear Pro Hac Vice by Jhonny Donnelly, Fusion Skill, Inc., Alexander Gregory, Texas Wiz, LLC, filed. Motion Docket Date 9/4/2019. (Potts, Jeffrey) |
Filing 54 MOTION for Aaron Rifkind to Appear Pro Hac Vice by Jhonny Donnelly, Fusion Skill, Inc., Alexander Gregory, Texas Wiz, LLC, filed. Motion Docket Date 9/4/2019. (Potts, Jeffrey) |
Filing 53 ORDER granting #49 Unopposed MOTION for Eric M. Albritton, Shawn A. Latchford, Thomas C. Cecil, and Christopher G. Granaghan to Withdraw as Attorney, Attorney Christopher G. Granaghan; Shawn Alexander Latchford; Eric M Albritton and Thomas Christopher Cecil terminated(Signed by Judge Keith P Ellison) Parties notified.(olindor, 4) |
Filing 52 ORDER granting #45 Motion for Julie L. Langdon to Appear Pro Hac Vice.(Signed by Judge Keith P Ellison) Parties notified.(jguajardo, 4) |
Filing 51 ORDER granting #46 Motion for Jordan A. Sigale to Appear Pro Hac Vice.(Signed by Judge Keith P Ellison) Parties notified.(jguajardo, 4) |
Filing 50 ORDER granting #47 Motion for Evan W. Talley to Appear Pro Hac Vice.(Signed by Judge Keith P Ellison) Parties notified.(jguajardo, 4) |
Filing 49 Unopposed MOTION for Eric M. Albritton, Shawn A. Latchford, Thomas C. Cecil, and Christopher G. Granaghan to Withdraw as Attorney by Jhonny Donnelly, Fusion Skill, Inc., Alexander Gregory, Texas Wiz, LLC, filed. Motion Docket Date 9/3/2019. (Attachments: #1 Proposed Order)(Albritton, Eric) |
Filing 48 NOTICE of Appearance by Jeff Potts on behalf of Jhonny Donnelly, Fusion Skill, Inc., Alexander Gregory, Texas Wiz, LLC, filed. (Potts, Jeffrey) |
Filing 47 MOTION for Evan W. Talley to Appear Pro Hac Vice by Jhonny Donnelly, Fusion Skill, Inc., Alexander Gregory, Texas Wiz, LLC, filed. Motion Docket Date 8/30/2019. (Potts, Jeffrey) |
Filing 46 MOTION for Jordan A. Sigale to Appear Pro Hac Vice by Jhonny Donnelly, Fusion Skill, Inc., Alexander Gregory, Texas Wiz, LLC, filed. Motion Docket Date 8/30/2019. (Potts, Jeffrey) |
Filing 45 MOTION for Julie L. Langdon to Appear Pro Hac Vice by Jhonny Donnelly, Fusion Skill, Inc., Alexander Gregory, Texas Wiz, LLC, filed. Motion Docket Date 8/30/2019. (Potts, Jeffrey) |
Minute Entry for proceedings held before Judge Keith P Ellison. TELEPHONE CONFERENCE held on 8/8/2019. At Defendants' request, the hearing is continued until 8/15/2019 at 03:00 PM in Courtroom 3A Houston before Judge Keith P Ellison Appearances: Joseph R Callister, Ethan A Minshull, Paul M Chappell.(Court Reporter: B. Slavin)(Law Clerk: L. Scaduto), filed.(arrivera, 4) |
Filing 44 ORDER denying as moot #32 Motion to Modify; denying as moot #31 Motion to Expedite.(Signed by Judge Keith P Ellison) Parties notified.(arrivera, 4) |
Filing 43 RESPONSE in Opposition to #41 Opposed MOTION to Modify Temporary Restraining Order, filed by Epic Tech, LLC. (Attachments: #1 Affidavit Declaration of Ethan Minshull, #2 Exhibit Exhibit 1 to Minshull Decl., #3 Exhibit Exhibit 2 to Minshull Decl., #4 Exhibit Exhibit 3 to Minshull Decl., #5 Exhibit Exhibit 4 to Minshull Decl., #6 Exhibit Exhibit 5 to Minshull Decl., #7 Exhibit Exhibit 6 to Minshull Decl., #8 Exhibit Exhibit 7 to Minshull Decl., #9 Exhibit Exhibit 8 to Minshull Decl., #10 Exhibit Exhibit 9 to Minshull Decl., #11 Exhibit Exhibit 10 to Minshull Decl., #12 Exhibit Exhibit 11 to Minshull Decl., #13 Exhibit Exhibit 12 to Minshull Decl., #14 Exhibit Exhibit 13 to Minshull Decl., #15 Proposed Order Proposed Modified TRO)(Martin, Brant) |
Filing 42 NOTICE of Setting as to #41 Opposed MOTION to Modify Temporary Restraining Order. Parties notified. Telephone Conference set for 8/8/2019 at 02:30 PM by telephone before Judge Keith P Ellison, filed. (arrivera, 4) |
Filing 41 Opposed MOTION to Modify Temporary Restraining Order by Jhonny Donnelly, Fusion Skill, Inc., Alexander Gregory, Texas Wiz, LLC, filed. Motion Docket Date 8/26/2019. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Proposed Order Proposed Order)(Albritton, Eric) |
Filing 40 ORDER granting #11 Motion to Expedite Discovery. (Signed by Judge Keith P Ellison) Parties notified.(gclair, 4) |
Minute Entry for proceedings held before Judge Keith P Ellison. MOTION HEARING held on 8/1/2019. The parties represented that they will submit a joint proposed order regarding the pending motions. The preliminary injunction hearing will be held on 9/5/2019 at 10:30 AM in Courtroom 3A in Houston before Judge Keith P Ellison. Appearances: Thomas Christopher Cecil, Shawn Alexander Latchford, Joseph R Callister, Ethan A Minshull, Paul M Chappell.(Court Reporter: M. Malone)(Law Clerk: L. Scaduto), filed.(arrivera, 4) |
Filing 39 ANSWER to #1 Complaint, with Jury Demand by Jhonny Donnelly, filed.(Albritton, Eric) |
Filing 38 ANSWER to #1 Complaint, with Jury Demand by Texas Wiz, LLC, filed.(Albritton, Eric) |
Filing 37 ANSWER to #1 Complaint, with Jury Demand by Fusion Skill, Inc., filed.(Albritton, Eric) |
Filing 36 ANSWER to #1 Complaint, with Jury Demand by Alexander Gregory, filed.(Albritton, Eric) |
Filing 35 Agreed PROPOSED ORDER Granting Expedited Discovery, filed.(Martin, Brant) |
Minute Entry for proceedings held before Judge Keith P Ellison. MOTION HEARING held on 7/31/2019. The Court will continue the hearing until 8/1/2019 at 03:30 PM in Courtroom 3A Houston before Judge Keith P Ellison ALL PARTIES MAY APPEAR BY TELEPHONE BY CALLING IN ON THE COURT'S DIALIN NUMBER AT 7132505238. ENTER CONFERENCE ID: 45238, FOLLOWED BY PASSWORD: 13579.Appearances: Ethan A Minshull, Brant C Martin.(Court Reporter: M. Malone)(Law Clerk: L. Scaduto), filed.(arrivera, 4) |
Filing 34 RESPONSE to #32 MOTION to Modify Emergency Temporary Retraining Order filed by Epic Tech, LLC. (Martin, Brant) |
Filing 33 NOTICE of Setting as to #32 MOTION to Modify Emergency Temporary Retraining Order, #31 Opposed MOTION to Expedite Hearing on Preliminary Injunction. Parties notified. Motion Hearing set for 7/31/2019 at 02:00 PM in Courtroom 3A Houston before Judge Keith P Ellison, filed. (arrivera, 4) |
Filing 32 MOTION to Modify Emergency Temporary Retraining Order by Jhonny Donnelly, Fusion Skill, Inc., Alexander Gregory, Texas Wiz, LLC, filed. Motion Docket Date 8/19/2019. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Albritton, Eric) |
Filing 31 Opposed MOTION to Expedite Hearing on Preliminary Injunction by Jhonny Donnelly, Fusion Skill, Inc., Alexander Gregory, Texas Wiz, LLC, filed. Motion Docket Date 8/16/2019. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Proposed Order Proposed Order)(Albritton, Eric) |
Filing 30 Notice of Filing of Official Transcript as to #28 Transcript. Party notified, filed. (jdav, 4) |
Filing 29 Order Extending Temporary Restraining Order and Continuing Preliminary Injunction Hearing. Injunction Hearing reset for 8/22/2019 at 01:30 PM in Courtroom 3A before Judge Keith P Ellison(Signed by Judge Keith P Ellison) Parties notified.(rguerrero, 4) |
Filing 28 TRANSCRIPT re: Motion Hearing held on 7/9/2019 before Judge Keith P Ellison. Court Reporter/Transcriber K. Metzger. Ordering Party Thomas C. Cecil Release of Transcript Restriction set for 10/15/2019, filed. (kmetzger) |
Filing 27 AO 435 TRANSCRIPT REQUEST by Thomas Cecil for Transcript of Motion Hearing 7/8/19 Judge Ellison. 3-Day turnaround requested. Court Reporter/Transcriber: Kathy Metzger, filed. (ckrus, 4) |
Filing 26 PROPOSED ORDER Extending Temporary Restraining Order and Continuing Preliminary Injunction Hearing, filed. (Attachments: #1 Exhibit 1-TRO)(Martin, Brant) |
Minute Entry for proceedings held before Judge Keith P Ellison. MOTION HEARING held on 7/15/2019. Preliminary Injunction hearing reset for 8/22/2019 at 1:30 PM. Defendant has agreed to extend the TRO until the date of the preliminary injunction hearing. Order to follow. Appearances: Eric M Albritton, Thomas Christopher Cecil, Christopher G. Granaghan, Joseph R Callister, Paul M Chappell.(Court Reporter: M. Malone)(Law Clerk: L. Scaduto), filed.(arrivera, 4) |
Filing 25 NOTICE of Appearance by Shawn A. Latchford on behalf of Jhonny Donnelly, Fusion Skill, Inc., Alexander Gregory, Texas Wiz, LLC, filed. (Latchford, Shawn) |
Filing 24 NOTICE of Appearance by Christopher G. Granaghan on behalf of Jhonny Donnelly, Fusion Skill, Inc., Alexander Gregory, Texas Wiz, LLC, filed. (Granaghan, Christopher) |
Filing 23 NOTICE of Appearance by Thomas C. Cecil on behalf of Jhonny Donnelly, Fusion Skill, Inc., Alexander Gregory, Texas Wiz, LLC, filed. (Cecil, Thomas) |
Filing 22 NOTICE of Appearance by Eric M. Albritton on behalf of Jhonny Donnelly, Fusion Skill, Inc., Alexander Gregory, Texas Wiz, LLC, filed. (Albritton, Eric) |
Filing 21 RETURN of Service of SUMMONS Executed as to Texas Wiz, LLC served on 7/10/2019, answer due 7/31/2019, filed.(Martin, Brant) |
Filing 20 RETURN of Service of SUMMONS Executed as to Fusion Skill, Inc. served on 7/10/2019, answer due 7/31/2019, filed.(Martin, Brant) |
Filing 19 ORDER granting #13 Motion for Joseph R. Callister to Appear Pro Hac Vice. (Signed by Judge Keith P Ellison) Parties notified.(gclair, 4) |
Filing 18 ORDER granting #14 Motion for Ethan A. Minshull to Appear Pro Hac Vice. (Signed by Judge Keith P Ellison) Parties notified.(gclair, 4) |
Filing 17 ORDER granting #15 Motion for Paul M. Chappell to Appear Pro Hac Vice. (Signed by Judge Keith P Ellison) Parties notified.(gclair, 4) |
Filing 16 NOTICE of Setting as to #11 MOTION to Expedite Discovery and Brief in Support. Parties notified. Motion Hearing set for 7/15/2019 at 04:30 PM in Courtroom 3A Houston before Judge Keith P Ellison, filed. (arrivera, 4) |
Filing 15 MOTION for Paul M. Chappell to Appear Pro Hac Vice by Epic Tech, LLC, filed. Motion Docket Date 8/1/2019. (Martin, Brant) |
Filing 14 MOTION for Ethan A. Minshull to Appear Pro Hac Vice by Epic Tech, LLC, filed. Motion Docket Date 8/1/2019. (Martin, Brant) |
Filing 13 MOTION for Joseph R. Callister to Appear Pro Hac Vice by Epic Tech, LLC, filed. Motion Docket Date 8/1/2019. (Martin, Brant) |
Filing 61 MODIFIED TEMPORARY RESTRAINING ORDER (Signed by Judge Keith P Ellison) Parties notified.(olindor, 4) |
Filing 12 ORDER granting #1 Application For Emergency Temporary Restraining Order. Hearing set for 7/19/2019 at 01:30 PM in Courtroom 3A Houston before Judge Keith P Ellison(Signed by Judge Keith P Ellison) Parties notified.(olindor, 4) |
Filing 11 MOTION to Expedite Discovery and Brief in Support by Epic Tech, LLC, filed. Motion Docket Date 7/31/2019. (Attachments: #1 Proposed Order)(Martin, Brant) |
Minute Entry for proceedings held before Judge Keith P Ellison. MOTION HEARING held on 7/9/2019. Argument heard on Plaintiff's Emergency Application for a Temporary Restraining Order. #1 The Court GRANTS the Application. Plaintiff must post a $10,000 bond, and the TRO will be in effect for ten days. Order to follow. Appearances:Paul Chappell. Brant C Martin.(Court Reporter: K. Metzger)(Law Clerk: L. Scaduto), filed.(arrivera, 4) |
Filing 10 PROPOSED ORDER Temporary Restraining Order re: #1 Complaint,, filed. (Attachments: #1 Exhibit Exhibits to TRO)(Martin, Brant) |
Filing 9 Summons Issued as to All Defendants. Issued summons delivered to plaintiff by NEF, filed. (Attachments: #1 Summon, #2 Summon, #3 Summon)(hlerma, 4) |
Filing 8 Request for Issuance of Summons as to Jhonny Donnelly, Fusion Skill, Inc., Alexander Gregory, Texas Wiz, LLC, filed. (Attachments: #1 Continuation Summons Request - Texas Wiz, #2 Continuation Summons Request - Jhonny Donnelly, #3 Continuation Summons Request - Alexander Gregory)(Martin, Brant) |
Filing 7 NOTICE of Setting as to #1 Complaint,. Parties notified. Motion Hearing set for 7/9/2019 at 04:30 PM in Courtroom 3A Houston before Judge Keith P Ellison, filed. (arrivera, 4) |
Filing 6 NOTICE of Reassignment. Case reassigned to Judge Keith P Ellison. Judge Ewing Werlein, Jr no longer assigned to the case. Parties notified, filed. (marflores, 4) |
Filing 5 RECUSAL ORDER. Judge Ewing Werlein, Jr recused. Deadlines in scheduling orders subsist. Court settings are vacated.(Signed by Judge Ewing Werlein, Jr) Parties notified.(marflores, 4) |
Filing 4 Register of Copyrights, AO-121, Notified. (SarahShelbyadi, 4) |
Filing 3 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 11/8/2019 at 02:30 PM in Room 11521 before Judge Ewing Werlein, Jr. (Signed by Judge Ewing Werlein, Jr) Parties notified.(SarahShelbyadi, 4) |
Filing 2 CORPORATE DISCLOSURE STATEMENT by Epic Tech, LLC, filed.(Martin, Brant) |
Filing 1 COMPLAINT against All Defendants (Filing fee $ 400 receipt number 0541-22723098) filed by Epic Tech, LLC. (Attachments: #1 Exhibit Ex. 1 - Mullins Declaration, #2 Exhibit Ex. 1-A - Copyright Registrations, #3 Exhibit Ex. 1-B - Trademark Registrations, #4 Exhibit Ex. 1-C - U.S. Pat. No. 9,589,423, #5 Exhibit Ex. 2 - Preliminary Patent Infringement Claim Chart, #6 Civil Cover Sheet Civil Cover Sheet)(Martin, Brant) |
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