U.S. Well Services, LLC v. VoltaGrid LLC et al
| U.S. Well Services, LLC |
| VoltaGrid LLC, Nathan Ough, Certarus (USA) Ltd and Jared Oehring |
| 4:2021cv03441 |
| October 19, 2021 |
| U.S. District Court for the Southern District of Texas |
| Lee H Rosenthal |
| Defend Trade Secrets Act (of 2016) |
| Plaintiff |
Docket Report
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| Filing 68 STIPULATION OF DISMISSAL entered. This case is dismissed with prejudice. Case terminated on 2/25/22.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4) |
| Filing 67 STIPULATION of Dismissal by U.S. Well Services, LLC, filed.(Yates, John) |
| Filing 66 Unopposed MOTION for Extension of Time Deadlines by U.S. Well Services, LLC, filed. Motion Docket Date 3/15/2022. (Yates, John) |
| Filing 65 NOTICE of Setting. Parties notified. Status Conference, as to Deft. Cetarus only, set for 3/4/2022 at 03:00 PM by video before Chief Judge Lee H Rosenthal, filed. A Zoom link will be provied. (leddins, 4) |
Filing 64
ORDER entered GRANTING the Stay as to Deft. Cetarus. Notice will issue setting a status conference for 30 days out to allow parties time to resolve the case. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)
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Filing 63
ORDER OF DISMISSAL entered. This case is dismissed with prejudice and each party will bear its own costs. Case terminated on 1/25/22. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)
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Filing 62
ORDER entered GRANTING #60 Joint MOTION for Extension of Time To Enter Agreement. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)
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| Filing 61 NOTICE of Dismissal as to Nathan Ough, VoltaGrid LLC by U.S. Well Services, LLC, filed. (Yates, John) |
| Filing 60 Joint MOTION for Extension of Time To Enter Agreement by U.S. Well Services, LLC, filed. Motion Docket Date 2/11/2022. (Attachments: #1 Proposed Order Granting Extension)(Yates, John) |
| Filing 59 Agreed MOTION to Stay by U.S. Well Services, LLC, filed. Motion Docket Date 2/11/2022. (Yates, John) |
| Filing 58 NOTICE of Resetting. Parties notified. Initial Conference reset for 2/1/2022 at 10:10 AM in by video before Chief Judge Lee H Rosenthal, filed. A Zoom link will be provided. (leddins, 4) |
| Filing 57 AO 435 TRANSCRIPT REQUEST by U.S. Well Services, LLC / John A. Yates for Transcript of Preliminary Injunction Hearing / December 15, 2021 / Hon. Lee H. Rosenthal. Hourly turnaround requested. Court Reporter/Transcriber: Kathleen Miller, filed. (Yates, John) |
| Filing 56 Transcript (Sealed) of proceedings held on held on December 15, 2021. Court Reporter/Transcriber Kathleen Miller, filed. (kmiller, ) |
| Filing 55 AO 435 TRANSCRIPT REQUEST by VoltaGrid LLC et al. / C. Erik Hawes for Transcript of Preliminary Injunction Hearing, December 15, 2021, before Hon. Lee H. Rosenthal.. Hourly turnaround requested. Court Reporter/Transcriber: Kathleen Miller, filed. (Hawes, Clay) |
| Filing 54 Minute entry for proceedings before the Hon. Lee H. Rosenthal. All counsel and parties appeared at the preliminary injunction hearing set for December 15, 2021. The exhibits were preadmitted without objection. After a recess, the parties announced an agreement in principle, which they stated in detail on the record. The parties must submit an agreed order reflecting the terms by January 21, 2022. If the parties are unable to do so, or if there remain issues with an additional party, the parties must appear at a hearing on January 31, 2022, at 9:00 a.m. The agreed motion regarding briefing deadlines and the unopposed motion to change designation of lead counsel, (Docket Entry Nos. 38, 45), are granted. The motion for preliminary injunction, (Docket Entry No. 13), is moot. The motion to dismiss, (Docket Entry No. 17), is denied without prejudice but may be reurged if needed. Appearances: William Peterson, Erik Hawes, Edgar Gonzalez, Joshua Park, Kyrie Cameron, Todd Patterson, John Yates, Seth Gerber, Claire Kiegler, Susan Stradley, Peter Moriarty, Melissa Story, Jared Wilkerson, Thomas Davis, Veonica Lew.(Court Reporter: K. Miller), filed.(leddins, 4) |
| Filing 53 OBJECTIONS to #50 Sealed Response,,, VOLTAGRID and OUGHS Objection and Motion To Exclude New Arguments In Reply, filed by Nathan Ough, VoltaGrid LLC. (Attachments: #1 Proposed Order)(Hawes, Clay) |
| Filing 52 STIPULATION re: Extension of Time to Respond to Complaint by Certarus (USA) Ltd, filed.(Rotman, Anna) |
| Filing 51 NOTICE of Appearance by William R. Peterson on behalf of Nathan Ough, VoltaGrid LLC, filed. (Peterson, William) |
| Filing 50 SEALED REPLY In Support of re: #13 MOTION for Preliminary Injunction by U.S. Well Services, LLC, filed. (Attachments: #1 Proposed Order Amended Proposed Order, #2 Affidavit Declaration of J. Yates, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C-1, #6 Exhibit C-2, #7 Exhibit C-3, #8 Exhibit C-4, #9 Exhibit D-1, #10 Exhibit D-2, #11 Exhibit D-3, #12 Exhibit E, #13 Exhibit F, #14 Exhibit G, #15 Exhibit H, #16 Exhibit I, #17 Exhibit J, #18 Exhibit K, #19 Exhibit L, #20 Exhibit M, #21 Exhibit N, #22 Exhibit O-1, #23 Exhibit O-2, #24 Exhibit O-3, #25 Exhibit O-4, #26 Exhibit P, #27 Exhibit Q, #28 Exhibit R, #29 Exhibit S-1, #30 Exhibit S-2, #31 Exhibit T, #32 Exhibit U, #33 Exhibit V, #34 Exhibit V-1, #35 Exhibit V-2, #36 Exhibit V-3, #37 Exhibit W-1, #38 Exhibit W-2) (Yates, John) |
| Filing 49 Joint Pre-Hearing Filing by U.S. Well Services, LLC, filed.(Yates, John) |
| Filing 48 Notice of Filing of Official Transcript as to #47 Transcript. Party notified, filed. (RachelWillborg, 4) |
| Filing 47 TRANSCRIPT re: Status Conference held on November 12, 2021, before Chief Judge Lee H Rosenthal. Court Reporter/Transcriber Dye. Release of Transcript Restriction set for 3/9/2022., filed. (gdye, ) |
| Filing 46 RESPONSE in Opposition to #17 MOTION to Dismiss #1 Complaint, VoltaGrid and Ough's Motion To Dismiss Counts V-VII and Incorporated Brief In Support, filed by U.S. Well Services, LLC. (Attachments: #1 Proposed Order)(Yates, John) |
| Filing 45 Unopposed MOTION to Change Designation of Lead Counsel by Nathan Ough, VoltaGrid LLC, filed. Motion Docket Date 12/29/2021. (Attachments: #1 Proposed Order)(Hawes, Clay) |
| Filing 44 SEALED DOCUMENT Notice of Correction (Exhibit C - ECF 40-55) by Nathan Ough, VoltaGrid LLC, filed. (Attachments: #1 Exhibit C - CORRECTED Exhibit C (ECF 40-55) Walter Bratic Declaration and Expert Report)) (Hawes, Clay) |
| Filing 43 NOTICE Notice of Correction (Exhibit B - ECF 40-35) re: #40 Appendix,,,,,,,,,,,, by Nathan Ough, VoltaGrid LLC, filed. (Attachments: #1 Exhibit B - CORRECTED Exhibit B (ECF 40-35) Dr. Gary Wooley Declaration and Expert Report)(Hawes, Clay) |
| Filing 42 SEALED RESPONSE SEALED (UNREDACTED) VoltaGrid and Ough's Opposition to USWS's Motion for Preliminary Injunction re: #13 MOTION for Preliminary Injunction, #41 Sealed Exhibits,,,, #39 Response in Opposition to Motion, #40 Appendix,,,,,,,,,,,, by Nathan Ough, VoltaGrid LLC, filed. (Hawes, Clay) |
| Filing 41 SEALED EXHIBITS EXHIBITS FILED UNDER SEAL In Support of Defendants VoltaGrid and Ough's Response to USWS's Motion for Preliminary Injunction re: #39 Response in Opposition to Motion, #40 Appendix,,,,,,,,,,,, by Nathan Ough, VoltaGrid LLC, filed. (Attachments: #1 Appendix, #2 Exhibit A-1 SEALED, #3 Exhibit A-2 SEALED, #4 Exhibit A-3 SEALED, #5 Exhibit A-4 SEALED, #6 Exhibit A-5 SEALED, #7 Exhibit A-6 SEALED, #8 Exhibit A-10 SEALED, #9 Exhibit A-15 SEALED, #10 Exhibit A-16 SEALED, #11 Exhibit A-17 SEALED, #12 Exhibit A-24 SEALED, #13 Exhibit A-25 SEALED, #14 Exhibit A-26 SEALED, #15 Exhibit A-27 SEALED, #16 Exhibit A-29 SEALED, #17 Exhibit A-30 SEALED, #18 Exhibit A-31 SEALED, #19 Exhibit A-32 SEALED, #20 Exhibit E-1 SEALED, #21 Exhibit G-10 SEALED, #22 Exhibit G-11 SEALED, #23 Exhibit G-17 SEALED, #24 Exhibit H SEALED, #25 Exhibit I SEALED, #26 Exhibit L SEALED, #27 Exhibit O SEALED, #28 Exhibit S SEALED) (Hawes, Clay) |
| Filing 40 APPENDIX re: #39 Response in Opposition to Motion by Nathan Ough, VoltaGrid LLC, filed. (Attachments: #1 Exhibit A - Declaration of Nathan Ough, #2 Exhibit A-1 SEALED, #3 Exhibit A-2 SEALED, #4 Exhibit A-3 SEALED, #5 Exhibit A-4 SEALED, #6 Exhibit A-5 SEALED, #7 Exhibit A-6 SEALED, #8 Exhibit A-7, #9 Exhibit A-8, #10 Exhibit A-9, #11 Exhibit A-10 SEALED, #12 Exhibit A-11, #13 Exhibit A-12, #14 Exhibit A-13, #15 Exhibit A-14, #16 Exhibit A-15 SEALED, #17 Exhibit A-16 SEALED, #18 Exhibit A-17 SEALED, #19 Exhibit A-18, #20 Exhibit A-19, #21 Exhibit A-20, #22 Exhibit A-21, #23 Exhibit A-22, #24 Exhibit A-23, #25 Exhibit A-24 SEALED, #26 Exhibit A-25 SEALED, #27 Exhibit A-26 SEALED, #28 Exhibit A-27 SEALED, #29 Exhibit A-28, #30 Exhibit A-29 SEALED, #31 Exhibit A-30 SEALED, #32 Exhibit A-31 SEALED, #33 Exhibit A-32 SEALED, #34 Exhibit A-33, #35 Exhibit B - Declaration of Gary Wooley, #36 Exhibit B-1, #37 Exhibit B-2, #38 Exhibit B-3, #39 Exhibit B-4, #40 Exhibit B-5, #41 Exhibit B-6, #42 Exhibit B-7, #43 Exhibit B-8, #44 Exhibit B-9, #45 Exhibit B-10, #46 Exhibit B-11, #47 Exhibit B-12, #48 Exhibit B-13, #49 Exhibit B-14, #50 Exhibit B-15, #51 Exhibit B-16, #52 Exhibit B-17, #53 Exhibit B-18, #54 Exhibit B-19, #55 Exhibit C - Declaration of Walter Bratic, #56 Exhibit C-1, #57 Exhibit C-2, #58 Exhibit C-3, #59 Exhibit D - Declaration of Leslie Wise, #60 Exhibit D-1, #61 Exhibit D-2, #62 Exhibit D-3, #63 Exhibit E - Declaration of Bradley Kaufman, #64 Exhibit E-1 SEALED, #65 Exhibit F - Declaration of James D. Vaughn, #66 Exhibit F - Vaughn Declaration Exhibit 1, #67 Exhibit F-1, #68 Exhibit F-2, #69 Exhibit F-3 SEALED, #70 Exhibit F-4 SEALED, #71 Exhibit F-5 SEALED, #72 Exhibit F-6 SEALED, #73 Exhibit F-7 SEALED, #74 Exhibit F-8 SEALED, #75 Exhibit F-9, #76 Exhibit F-10 SEALED, #77 Exhibit F-11 SEALED, #78 Exhibit F-12 SEALED, #79 Exhibit F-13 SEALED, #80 Exhibit F-14 SEALED, #81 Exhibit F-15 SEALED, #82 Exhibit F-16 SEALED, #83 Exhibit F-17 SEALED, #84 Exhibit G - Declaration of C. Erik Hawes, #85 Exhibit G-1, #86 Exhibit G-2, #87 Exhibit G-3, #88 Exhibit G-4, #89 Exhibit G-5, #90 Exhibit G-6, #91 Exhibit G-7, #92 Exhibit G-8, #93 Exhibit G-9, #94 Exhibit G-10, #95 Exhibit G-11, #96 Exhibit G-12, #97 Exhibit G-13, #98 Exhibit G-14, #99 Exhibit G-15, #100 Exhibit G-16, #101 Exhibit G-17, #102 Exhibit G-18, #103 Exhibit H SEALED, #104 Exhibit I SEALED, #105 Exhibit J, #106 Exhibit K, #107 Exhibit L SEALED, #108 Exhibit M, #109 Exhibit N, #110 Exhibit O, #111 Exhibit P, #112 Exhibit Q, #113 Exhibit R, #114 Exhibit S SEALED, #115 Exhibit T, #116 Exhibit U, #117 Exhibit V, #118 Exhibit W, #119 Exhibit X, #120 Exhibit Y)(Hawes, Clay) |
| Filing 39 RESPONSE in Opposition to #13 MOTION for Preliminary Injunction, filed by Nathan Ough, VoltaGrid LLC. (Attachments: #1 Proposed Order)(Hawes, Clay) |
| Filing 38 Agreed MOTION Regarding Briefing Deadlines by VoltaGrid LLC, filed. Motion Docket Date 12/27/2021. (Attachments: #1 Proposed Order)(Hawes, Clay) |
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Filing 37
ORDER Granting #33 Motion for Extension of Time for Briefing. Responses due by 12/8/2021. Replies due by 12/22/2021.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(jguajardo, 4)
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Filing 36
ORDER granting #32 Motion for Andrew J. Morrill to Appear Pro Hac Vice. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(gclair, 4)
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| Filing 35 AO 435 TRANSCRIPT REQUEST by U.S. Well Services, LLC for Transcript of Status Conference, 11/12/21, Judge Rosenthal. 3-Day turnaround requested. Court Reporter/Transcriber: Gayle Dye, filed. (Yates, John) |
| Filing 34 AO 435 TRANSCRIPT REQUEST by Certarus (USA) LTD/ Anna Rotman for Transcript of Status Conference, 11/12/21, Judge Rosenthal. Daily (24 hours) turnaround requested. Court Reporter/Transcriber: Gayle Dye, filed. (Rotman, Anna) |
| Filing 33 Unopposed MOTION for Extension of Time for Briefing Related to Voltagrid and Ough's Motion to Dismiss Counts V-VII and Incorporated Brief in Support by U.S. Well Services, LLC, filed. Motion Docket Date 12/22/2021. (Attachments: #1 Proposed Order)(Yates, John) |
| Filing 32 MOTION for Andrew J. Morrill to Appear Pro Hac Vice by Certarus (USA) Ltd, filed. Motion Docket Date 12/20/2021. (Rotman, Anna) |
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Filing 31
PROTECTIVE ORDER granting #30 Joint MOTION for Protective Order (Signed by Chief Judge Lee H Rosenthal) Parties notified.(gclair, 4)
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| Filing 30 Joint MOTION for Protective Order by U.S. Well Services, LLC, filed. Motion Docket Date 12/10/2021. (Attachments: #1 Proposed Order Protective Order)(Yates, John) |
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Filing 29
ORDER entered GRANTING the parties stipulation on the extension of time to file a response. Cetarus's answer is due by December 17. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)
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Filing 28
ORDER granting #24 Motion for Benjamin Allen Herbert to Appear Pro Hac Vice.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(gclair, 4)
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Filing 27
ORDER granting #23 Motion for Michael W. De Vries to Appear Pro Hac Vice.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(gclair, 4)
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Filing 26
ORDER granting #22 Motion for Adam R. Alper to Appear Pro Hac Vice.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(gclair, 4)
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Filing 25
ORDER granting #16 Motion for Seth M Gerber to Appear Pro Hac Vice. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(gclair, 4)
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| Filing 24 MOTION for Benjamin Allen Herbert to Appear Pro Hac Vice by Certarus (USA) Ltd, filed. Motion Docket Date 12/3/2021. (Rotman, Anna) |
| Filing 23 MOTION for Michael W. De Vries to Appear Pro Hac Vice by Certarus (USA) Ltd, filed. Motion Docket Date 12/3/2021. (Rotman, Anna) |
| Filing 22 MOTION for Adam R. Alper to Appear Pro Hac Vice by Certarus (USA) Ltd, filed. Motion Docket Date 12/3/2021. (Rotman, Anna) |
| Filing 21 Minute entry for proceedings before the Hon. Lee H. Rosenthal. Status conference held on November 12, 2021. The court granted the motion for Seth M. Gerber to appear Pro Hac Vice. (Docket Entry No. 16). The preliminary injunction hearing is reset for December 15, 2021 at 9:00 a.m. CST in Courtroom 11B at 515 Rusk St, Houston, Texas. The parties must exchange exhibits and file a list of witnesses, contentions, and stipulated facts by December 10, 2021.Appearances: Anna Rotman, Erik Hawes, Edgar Gonzalez, Todd Patterson, Jay Yates, Seth Gardner, Adam Alper, Mike DeVries, Stephanie Schuster.(Court Reporter: G Dye), filed.(leddins, 4) |
| Filing 20 NOTICE of Setting. Parties notified. Status Conference set for 11/12/2021 at 11:30 AM by video before Chief Judge Lee H Rosenthal, filed. A Zoom link has been added to the Court's web page calendar for participation. (leddins, 4) Modified on 11/12/2021 (leddins, 4). |
| The motion hearing set for November 17 is terminated and has been reset as a Preliminary Injunction hearing for December 15, 2021. (leddins, 4) |
| Filing 19 NOTICE of Service of Plaintiff's Motion for Preliminary Injunction and Request for Hearing by U.S. Well Services, LLC, filed. (Yates, John) |
| Filing 18 STIPULATION re: Extension of Time to Respond to Complaint by Certarus (USA) Ltd, filed.(Rotman, Anna) |
| Filing 17 MOTION to Dismiss #1 Complaint, VoltaGrid and Ough's Motion To Dismiss Counts V-VII and Incorporated Brief In Support by Nathan Ough, VoltaGrid LLC, filed. Motion Docket Date 12/1/2021. (Attachments: #1 Proposed Order)(Hawes, Clay) |
| Filing 16 MOTION for Seth M. Gerber to Appear Pro Hac Vice by Nathan Ough, VoltaGrid LLC, filed. Motion Docket Date 12/1/2021. (Hawes, Clay) |
| Filing 15 NOTICE of Dismissal as to Jared Oehring by U.S. Well Services, LLC, filed. (Yates, John) |
| Filing 14 NOTICE of Setting as to #13 MOTION for Preliminary Injunction. Parties notified. Motion Hearing set for 11/17/2021 at 10:30 AM by video before Chief Judge Lee H Rosenthal, filed. A Zoom link will be provided for participation. (leddins, 4) |
| Filing 13 MOTION for Preliminary Injunction by U.S. Well Services, LLC, filed. Motion Docket Date 11/26/2021. (Attachments: #1 Exhibit A - Declaration of J. Oehring, #2 Exhibit A1 (Part 1), #3 Exhibit A1 (Part 2), #4 Exhibit A2, #5 Exhibit A3, #6 Exhibit A4-A5, #7 Exhibit B, #8 Exhibit C, #9 Exhibit D, #10 Exhibit E, #11 Exhibit F, #12 Exhibit G, #13 Exhibit H-1, #14 Exhibit H-2, #15 Affidavit Declaration of J. Yates, #16 Proposed Order Proposed Order)(Yates, John) |
| Filing 12 RETURN of Service of SUMMONS Executed as to VoltaGrid LLC served on 10/25/2021, answer due 11/15/2021, filed.(Yates, John) |
| Filing 11 RETURN of Service of SUMMONS Executed as to Certarus (USA) Ltd served on 10/25/2021, answer due 11/15/2021, filed.(Yates, John) |
| Filing 10 RETURN of Service of SUMMONS Executed as to Nathan Ough served on 10/21/2021, answer due 11/12/2021, filed.(Yates, John) |
| Filing 9 NOTICE of Appearance by B. Todd Patterson on behalf of U.S. Well Services, LLC, filed. (Patterson, Barden) |
| Filing 8 NOTICE of Appearance by Kyrie K. Cameron on behalf of U.S. Well Services, LLC, filed. (Cameron, Kyrie) |
| Filing 7 NOTICE of Appearance by Joshua H. Park on behalf of U.S. Well Services, LLC, filed. (Park, Joshua) |
| Filing 6 NOTICE of Appearance by Edgar N. Gonzalez on behalf of U.S. Well Services, LLC, filed. (Gonzalez, Edgar) |
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Filing 5
ORDER Scheduling Rule 16 Conference With the Court and Setting Out the Requirements for Initial Pretrial Work. Initial Conference set for 1/28/2022 at 10:00 AM in Courtroom 11B before Chief Judge Lee H Rosenthal. (Signed by Chief Judge Lee H Rosenthal) (Attachments: #1 Attachments) Parties notified.(RachelSalazaradi, 4)
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| Filing 4 Summons Issued as to All Defendants. Issued summons delivered to plaintiff by NEF, filed. (Attachments: #1 Summons, #2 Summons, #3 Summons)(RachelWillborg, 4) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT by U.S. Well Services, LLC identifying U.S. Well Services, Inc. as Corporate Parent, filed.(Yates, John) |
| Filing 2 Request for Issuance of Summons as to All Defendants, filed. (Attachments: #1 Envelope Ough Summons, #2 Envelope Oehring Summons, #3 Envelope Certarus Summons)(Yates, John) |
| Filing 1 COMPLAINT against U.S. Well Services, LLC (Filing fee $ 402 receipt number 0541-27218884) filed by U.S. Well Services, LLC. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H)(Yates, John) |
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