Optimum Energy LLC v. HVAC Mechanical Services of Texas, Ltd. et al
| Optimum Energy LLC |
| HVAC MECHANICAL SERVICES OF TEXAS, LTD, HVAC MANAGEMENT CORP., HTI, LTD. d/b/a THE HUNTON GROUP, HDP, Ltd., Convergentz Building Systems, LLC, Wayne Green, HVAC Mechanical Services of Texas, Ltd., HTI, Ltd. doing business as Houston Trane doing business as The Hunton Group doing business as Hunton Trane doing business as Hunton Trane Energy doing business as Hunton Trane - Building Automation Systems and HDP, Ltd. doing business as Houston Trane doing business as Hunton Distribution Group doing business as HDG doing business as The Hunton Group |
| HTI, Ltd. |
| Larry Stapleton |
| 4:2021cv04171 |
| December 23, 2021 |
| U.S. District Court for the Southern District of Texas |
| Lee H Rosenthal |
| Patent |
| 15 U.S.C. § 1126 Patent Infringement |
| Both |
Docket Report
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Filing 59
ORDER OF DISMISSAL entered based on settlement notification. Case terminated on 4/15/22. Deadline to reinstate: within 60 days from the date of this order. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)
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| Filing 58 NOTICE of Settlement by Optimum Energy LLC, filed. (Morico, Paul) |
| Filing 57 Mail Returned Undeliverable as to attorney Joseph R. Lanser re: #26 Order on Motion to Appear Pro Hac Vice, filed. (RochelleLimon, 2) |
| Filing 56 Notice of Filing of Official Transcript as to #55 Transcript. Party notified, filed. (dhansen, 4) |
| Filing 55 TRANSCRIPT re: Conference held on 3/31/2022 before Chief Judge Lee H Rosenthal. Court Reporter/Transcriber Mary Capetillo. Ordering Party Paul Morico Release of Transcript Restriction set for 7/11/2022., filed. (Capetillo, Mary) |
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Filing 54
SCHEDULING ORDER. Comply with PR 3-1 and Pr 3-2 by 4/22/2022. Rule 26(a)(1)(A) Disclosures due by 4/22/2022. Comply with PR 3-3 and 3-4 due by 6/3/2022. Comply with PR 4-1 due by 6/17/2022. Comply with PR 4-2 due by 7/8/2022. Limited Motion Deadline due by 7/15/2022. Responses to Limited Motion due by 8/5/2022. Reply due by 8/26/2022. Limited Motion Hearing set for 9/9/2022 at 09:30 AM in by video before Chief Judge Lee H Rosenthal. Comply with PR 4-3 due by 8/5/2022. Deadline for all parties to file Amended Pleadings due by 8/5/2022. Each party to provide curriculam vitae by 9/9/2022. Deadline for written tutorials due by 9/9/2022. Responses to amended pleadings due 8/19/2022. Discovery deadline on claim construction issues due by 9/23/2022. Comply with PR 4-5 due by 9/23/2022. Response brief due by 10/7/2022. Comply with PR 4-5(c) due by 10/14/2022. Claim Construction Chart due by 11/11/2022. Markman Hearing set for 11/18/2022 at 10:00 AM at Courtroom 11B before Chief Judge Lee H Rosenthal. Markman Ruling due 12/30/2022. Final infringement contentions due 1/27/2023. Final invalidity contentions due 2/10/2023. Comply with PR 3-8 due 1/27/2023. Fact Discovery due 3/24/2023. Designation of Expert Witnesses on on-construction issues on which party has BOP due by 4/21/2023. Designation of Expert Witnesses on non-construction issues on which party does not have BOP due by 5/19/2023. Expert Discovery due 6/16/2023. Dispositive and Non-Dispositive Motions due by 7/14/2023; response Briefs due 8/4/2023; reply briefs due 8/11/2023. Joint Pretrial Order due by 10/6/2023. Written notice due by 10/6/2023. Vide and Deposition Designations due 10/6/2023. Motions in Limine due 10/6/2023. Objections due by 10/13/2023. Advisory to the Court due by 10/27/2023. Docket Call set for 10/30/2023 at 09:00 AM in Courtroom 11B before Chief Judge Lee H Rosenthal Mediation due by 10/27/2023. Trial Term: November or December 2023.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(olindor, 4)
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| Filing 53 Mail Returned Undeliverable as to attorney Vincent M. Smolczynski as to HDP, Ltd. re: #46 Notice of Resetting, filed. An updated address could not be found. (DMcKinnieRichardson, 4) |
| Filing 52 AO 435 TRANSCRIPT REQUEST by Optimum Energy/Paul Morico for Transcript of Proceedings before the Hon. Lee H. Rosenthal. Initial Conference held on March 31, 2022. Expedited (7 days) turnaround requested. Court Reporter/Transcriber: Mary Capetillo, filed. (Morico, Paul) |
| Filing 51 Minute entry for proceedings before the Hon. Lee H. Rosenthal. Initial conference held on March 31, 2022. The court will separately enter a scheduling and docket control order, as stated in detail on the record. The motion for entry of default judgment against Wayne Green, (Docket Entry No. 35), is denied because it is too early to tell whether it would result in an inconsistent judgment. The parties will brief the limited issue of the defendants theories and defenses as to the misappropriation and copyright infringement claims against them, so that the court may resolve whether a default judgment against Green risks an inconsistent judgment. The briefing schedule is set forth in the scheduling and docket control order. A motions hearing will be held on September 9, 2022, at 9:30 a.m. CST by video. A zoom link will be separately sent. Appearances: Matthew Simmons, Jeffrey Danley, David Carlson, Paula Heyman, Paul Morico.(Court Reporter: M. Capetillo), filed.(leddins, 4) |
| Filing 50 NOTICE of Appearance by David V. Carlson on behalf of Optimum Energy LLC, filed. (Carlson, David) |
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Filing 49
ORDER granting #48 Motion for Extension of Time; Motion-related deadline set re: #48 Unopposed MOTION for Extension of Time to Respond to Counterclaims. Answer/Respond due by 5/7/2022.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(jguajardo, 4)
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| Filing 48 Unopposed MOTION for Extension of Time to Respond to Counterclaims by Optimum Energy LLC, filed. Motion Docket Date 4/18/2022. (Attachments: #1 Proposed Order)(Morico, Paul) |
| Filing 47 NOTICE of Resetting. Parties notified. Initial Conference reset for 3/31/2022 at 05:00 PM by video before Chief Judge Lee H Rosenthal, filed. (leddins, 4) |
| Filing 46 NOTICE of Resetting. Parties notified. Initial Conference reset for 3/30/2022 at 10:20 AM by video before Chief Judge Lee H Rosenthal, filed. A Zoom link will be provided. (leddins, 4) |
| Filing 45 REPLY in Support of #35 MOTION for Entry of Default against Wayne Green, filed by Optimum Energy LLC. (Attachments: #1 Carlson's Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(Heyman, Paula) |
| Filing 44 ANSWER to #1 Complaint, with Jury Demand, COUNTERCLAIM against Optimum Energy LLC, Larry Stapleton by Convergentz Building Systems, LLC, HTI, Ltd., HVAC Management Corp., HVAC Mechanical Services of Texas, Ltd., HDP, Ltd., filed.(Simmons, Matthew) |
| Filing 43 NOTICE of Resetting. Parties notified. Initial Conference reset for 3/25/2022 at 01:10 PM in by video before Chief Judge Lee H Rosenthal, filed. A Zoom link will be provided. Chamge is to TIME and LOCATION. (leddins, 4) |
| Filing 42 CORPORATE DISCLOSURE STATEMENT by Optimum Energy LLC, filed.(Heyman, Paula) |
| Filing 41 CERTIFICATE OF INTERESTED PARTIES by Optimum Energy LLC, filed.(Heyman, Paula) |
| Filing 40 Joint JOINT DISCOVERY/CASE MANAGEMENT PLAN by Optimum Energy LLC, filed. (Attachments: #1 Proposed Order Exhibit A - [Proposed] Scheduling Order, #2 Proposed Order Exhibit B - [Proposed] Protective Order, #3 Proposed Order Exhibit C - [Proposed] ESI Order, #4 Declaration of Bruce Seher, #5 Declaration of Larry Stapleton)(Heyman, Paula) |
| Filing 39 Hunton Defendants' Opposition to #35 MOTION for Entry of Default against Wayne Green, (jguajardo, 4) |
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Filing 38
ORDER granting #32 Motion for Marc C. Levy to Appear Pro Hac Vice.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(jguajardo, 4)
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Filing 37
ORDER Granting #36 Motion for Extension of Time; Motion-related deadline set re: #36 Unopposed MOTION for Extension of Time Answer or Otherwise Respond to Complaint. Answer due by 3/17/2022.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(jguajardo, 4)
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| Filing 36 Unopposed MOTION for Extension of Time Answer or Otherwise Respond to Complaint by Convergentz Building Systems, LLC, HDP, Ltd., HTI, Ltd., HVAC Management Corp., HVAC Mechanical Services of Texas, Ltd., filed. Motion Docket Date 3/22/2022. (Attachments: #1 Proposed Order)(Simmons, Matthew) |
| Filing 35 MOTION for Entry of Default against Wayne Green by Optimum Energy LLC, filed. Motion Docket Date 3/18/2022. (Attachments: #1 Proposed Order)(Morico, Paul) |
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Filing 34
ORDER granting #31 Motion for Jeffrey E Danley to Appear Pro Hac Vice.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(JosephWells, 4)
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Filing 33
ORDER granting #30 Motion for Bradley J Zentz to Appear Pro Hac Vice.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(JosephWells, 4)
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| Filing 32 MOTION for Marc Levy to Appear Pro Hac Vice by Optimum Energy LLC, filed. Motion Docket Date 3/10/2022. (Morico, Paul) |
| Filing 31 MOTION for Jeffrey Danley to Appear Pro Hac Vice by Optimum Energy LLC, filed. Motion Docket Date 3/10/2022. (Morico, Paul) |
| Filing 30 MOTION for Bradley Zentz to Appear Pro Hac Vice by Optimum Energy LLC, filed. Motion Docket Date 3/10/2022. (Morico, Paul) |
| Filing 29 Clerks ENTRY OF DEFAULT against Wayne Green. Parties notified.(JosephWells, 4) |
| Filing 28 REQUEST for Entry of Default against Wayne Green by Optimum Energy LLC, filed. (Attachments: #1 Declaration of Paul Morico, #2 Exhibit 1, #3 Exhibit 2, #4 Proposed Form of Entry of Judgment)(Morico, Paul) |
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Filing 27
ORDER granting #24 Motion for Vincent M. Smolczynski to Appear Pro Hac Vice.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(jguajardo, 4)
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Filing 26
ORDER granting #23 Motion for Jospeh R. Lanser to Appear Pro Hac Vice.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(jguajardo, 4)
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Filing 25
ORDER Granting #22 Motion for Extension of Time to Answer Answer due by 3/3/2022.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(jguajardo, 4)
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| Filing 24 MOTION for Vincent M. Smolczynski to Appear Pro Hac Vice by Convergentz Building Systems, LLC, HDP, Ltd., HTI, Ltd., HVAC Management Corp., HVAC Mechanical Services of Texas, Ltd., filed. Motion Docket Date 2/18/2022. (Simmons, Matthew) |
| Filing 23 MOTION for Joseph R. Lanser to Appear Pro Hac Vice by Convergentz Building Systems, LLC, HDP, Ltd., HTI, Ltd., HVAC Management Corp., HVAC Mechanical Services of Texas, Ltd., filed. Motion Docket Date 2/18/2022. (Simmons, Matthew) |
| Filing 22 Unopposed MOTION for Extension of Time Extend Time to Answer or Otherwise Respond to Complaint by Convergentz Building Systems, LLC, HDP, Ltd., HTI, Ltd., HVAC Management Corp., HVAC Mechanical Services of Texas, Ltd., filed. Motion Docket Date 2/18/2022. (Attachments: #1 Proposed Order proposed Order to Unopposed Motion)(Simmons, Matthew) |
| Filing 21 CORPORATE DISCLOSURE STATEMENT by Convergentz Building Systems, LLC, HDP, Ltd., HTI, Ltd., HVAC Management Corp., HVAC Mechanical Services of Texas, Ltd., filed.(Simmons, Matthew) |
| Filing 20 NOTICE of Appearance by Matthew L. Simmons on behalf of Convergentz Building Systems, LLC, HDP, Ltd., HTI, Ltd., HVAC Management Corp., HVAC Mechanical Services of Texas, Ltd., filed. (Simmons, Matthew) |
| Filing 19 RETURN of Service of SUMMONS Executed as to Wayne Green served on 1/7/2022, answer due 1/28/2022, filed.(Heyman, Paula) |
| Filing 18 ACKNOWLEDGMENT OF SERVICE by Optimum Energy LLC on 01/11/2022 re: Plaintiff's Complaint, filed.(Heyman, Paula) |
| Filing 17 ACKNOWLEDGMENT OF SERVICE by Optimum Energy LLC on 01/11/2022 re: Plaintiff's Complaint, filed.(Heyman, Paula) |
| Filing 16 ACKNOWLEDGMENT OF SERVICE by Optimum Energy LLC on 01/11/2022 re: Plaintiff's Complaint, filed.(Heyman, Paula) |
| Filing 15 ACKNOWLEDGMENT OF SERVICE by Optimum Energy LLC on 01/11/2022 re: Plaintiff's Complaint, filed.(Heyman, Paula) |
| Filing 14 ACKNOWLEDGMENT OF SERVICE by Optimum Energy LLC on 01/11/2022 re: Plaintiff's Complaint, filed.(Heyman, Paula) |
| Filing 13 Summons Issued as to HTI, Ltd. Issued summons delivered to plaintiff by NEF, filed.(SamanthaWarda, 4) (Main Document 13 replaced on 12/27/2021) (SamanthaWarda, 4). |
| Filing 12 Summons Issued as to All Defendants. Issued summons delivered to plaintiff by NEF, filed. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons)(RachelSalazar, 4) |
| Filing 11 US Patent and Trademark Office Notified. AO 120, filed. (Attachments: #1 Complaint) (JacquelineMataadi, 4) |
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Filing 10
ORDER Scheduling Rule 16 Conference With the Court and Setting Out the Requirements for Initial Pretrial Work. Initial Conference set for 3/25/2022 at 09:50 AM in Courtroom 11B before Chief Judge Lee H Rosenthal. (Signed by Chief Judge Lee H Rosenthal) (Attachments: #1 Attachments) Parties notified.(JacquelineMataadi, 4)
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| Filing 9 NOTICE Report on the Filing or Determination of an Action or Appeal Regarding A Copyright by Optimum Energy LLC, filed. (Morico, Paul) |
| Filing 8 NOTICE Report on the Filing or Determination of an Action Regarding a Patent or Trademark by Optimum Energy LLC, filed. (Morico, Paul) |
| Filing 7 Request for Issuance of Summons as to Wayne Green, filed.(Morico, Paul) |
| Filing 6 Request for Issuance of Summons as to HVAC MECHANICAL SERVICES OF TEXAS, LTD, filed.(Morico, Paul) |
| Filing 5 Request for Issuance of Summons as to HVAC MANAGEMENT CORP., filed.(Morico, Paul) |
| Filing 4 Request for Issuance of Summons as to HTI, LTD. d/b/a THE HUNTON GROUP, filed.(Morico, Paul) |
| Filing 3 Request for Issuance of Summons as to HDP, Ltd., filed.(Morico, Paul) |
| Filing 2 Request for Issuance of Summons as to Convergentz Building Systems, LLC, filed.(Morico, Paul) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 402 receipt number 0541-27517586) filed by Optimum Energy LLC. (Attachments: #1 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, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K)(Morico, Paul) |
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