NexTier Completion Solutions Inc. v. DynaEnergetics Europe GmbH et al
| Nextier Completion Solutions Inc. |
| DynaEnergetics Europe GmbH and DynaEnergetics US, Inc. |
| 6:2021cv01017 |
| October 4, 2021 |
| US District Court for the Western District of Texas |
| Alan D Albright |
| Patent |
| 28 U.S.C. § 2201 |
| Both |
Docket Report
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Filing 47
ORDER GRANTING #46 Motion to Consolidate Cases. Case No. 6:20-cv-1201-ADA shall be the lead case with 6:21-cv-1017-ADA as the member case. Signed by Judge Alan D Albright. (lad)
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| Filing 46 Joint MOTION to Consolidate Cases by DynaEnergetics Europe GmbH, DynaEnergetics US, Inc.. (Attachments: #1 Proposed Order)(Findlay, Eric) |
| Filing 45 NOTICE of Attorney Appearance by Eric H. Findlay on behalf of DynaEnergetics Europe GmbH, DynaEnergetics US, Inc.. Attorney Eric H. Findlay added to party DynaEnergetics Europe GmbH(pty:dft), Attorney Eric H. Findlay added to party DynaEnergetics US, Inc.(pty:dft) (Findlay, Eric) |
| Filing 44 Pro Hac Vice Letter. (Main Doc is Letter to Atty Herman, Attachments: #1 Letter to Atty Heard)(lad) |
| Filing 43 Case electronically transferred in from Southern District of Texas; Case Number 4:21-cv-01328. |
| All parties shall comply with the Standing Orders located at https://www.txwd.uscourts.gov/judges-information/standing-orders/. (lad) |
| Case assigned to Judge Alan D Albright. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (lad) |
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Filing 42
ORDER GRANTING UNOPPOSED MOTION TO LIFT STAY AND TRANSFER CASE TO WESTERN DISTRICT OF TEXAS. Case reopened on 10/1/2021.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(olindor, 4) [Transferred from Texas Southern on 10/4/2021.]
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| Filing 41 Unopposed MOTION to Lift Stay by DynaEnergetics Europe GmbH, DynaEnergetics US, Inc., filed. Motion Docket Date 10/22/2021. (Attachments: #1 Proposed Order)(Moore, Megan) [Transferred from Texas Southern on 10/4/2021.] |
| Interdistrict transfer to Western District of Texas. Case transferred electronically. Case terminated on 10/1/2021, filed. (olindor, 4) [Transferred from Texas Southern on 10/4/2021.] |
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Filing 40
MEMORANDUM OPINION AND ORDER entered: The DynaEnergetics motion, (Docket Entry No. 23), is granted. This case is stayed and administratively closed pending the Western District's decision on the pending motion to transfer. Any party may move to lift the stay within seven days of that decision. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4) [Transferred from Texas Southern on 10/4/2021.]
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| Filing 39 SEALED EXHIBITS re: #38 Response in Opposition to Motion,, by NexTier Completion Solutions Inc., filed. (Attachments: # 1 Exhibit R, # 2 Exhibit S, # 3 Exhibit T, # 4 Exhibit V) (Alavi, Amir) [Transferred from Texas Southern on 10/4/2021.] |
| Filing 38 RESPONSE in Opposition to #23 MOTION to Dismiss , Transfer, or Stay, filed by NexTier Completion Solutions Inc.. (Attachments: #1 Proposed Order, #2 Exhibit 1 - Declaration of Colin Phillips, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N, #17 Exhibit O, #18 Exhibit P, #19 Exhibit Q, #20 Exhibit U, #21 Exhibit W, #22 Exhibit X, #23 Exhibit Y, #24 Exhibit Z)(Alavi, Amir) [Transferred from Texas Southern on 10/4/2021.] |
| Filing 37 ANSWER to #25 Answer to Complaint,, Counterclaim, with Jury Demand by NexTier Completion Solutions Inc., filed.(Alavi, Amir) [Transferred from Texas Southern on 10/4/2021.] |
| Filing 36 JOINT DISCOVERY/CASE MANAGEMENT PLAN by NexTier Completion Solutions Inc., filed. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Alavi, Amir) [Transferred from Texas Southern on 10/4/2021.] |
| Filing 35 Letter to Judge Rosenthal re Privileged Documents by DynaEnergetics Europe GmbH, DynaEnergetics US, Inc., filed.(Moore, Megan) [Transferred from Texas Southern on 10/4/2021.] |
| Filing 34 NOTICE of Setting. Parties notified. Motion Hearing set for 9/1/2021 at 03:00 PM in by video before Chief Judge Lee H Rosenthal, filed. (gkelner, 4) [Transferred from Texas Southern on 10/4/2021.] |
| Filing 33 NOTICE of Appearance by Louis Liao on behalf of NexTier Completion Solutions Inc., filed. (Liao, Louis) [Transferred from Texas Southern on 10/4/2021.] |
| Filing 32 NOTICE of Appearance by Steven Jugle on behalf of NexTier Completion Solutions Inc., filed. (Jugle, Steven) [Transferred from Texas Southern on 10/4/2021.] |
| Filing 31 NOTICE of Appearance by Joshua Wyde on behalf of NexTier Completion Solutions Inc., filed. (Wyde, Joshua) [Transferred from Texas Southern on 10/4/2021.] |
| Filing 30 NOTICE of Appearance by Colin Phillips on behalf of NexTier Completion Solutions Inc., filed. (Phillips, Colin) [Transferred from Texas Southern on 10/4/2021.] |
| Filing 29 NOTICE of Appearance by Michael McBride on behalf of NexTier Completion Solutions Inc., filed. (McBride, Michael) [Transferred from Texas Southern on 10/4/2021.] |
| Filing 28 NOTICE of Appearance by Scott Clark on behalf of NexTier Completion Solutions Inc., filed. (Clark, Scott) [Transferred from Texas Southern on 10/4/2021.] |
| Filing 27 NOTICE of Appearance by Demetrios Anaipakos on behalf of NexTier Completion Solutions Inc., filed. (Anaipakos, Demetrios) [Transferred from Texas Southern on 10/4/2021.] |
| Filing 26 CORPORATE DISCLOSURE STATEMENT by DynaEnergetics Europe GmbH, DynaEnergetics US, Inc., filed.(Herman, Barry) [Transferred from Texas Southern on 10/4/2021.] |
| Filing 25 ANSWER to #1 Complaint with Jury Demand, COUNTERCLAIM against NexTier Completion Solutions Inc. by DynaEnergetics US, Inc., DynaEnergetics Europe GmbH, filed. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Herman, Barry) [Transferred from Texas Southern on 10/4/2021.] |
| Filing 24 PROPOSED ORDER re: #23 MOTION to Dismiss , Transfer, or Stay, filed.(Herman, Barry) [Transferred from Texas Southern on 10/4/2021.] |
| Filing 23 MOTION to Dismiss , Transfer, or Stay by DynaEnergetics Europe GmbH, DynaEnergetics US, Inc., filed. Motion Docket Date 8/11/2021. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R)(Herman, Barry) [Transferred from Texas Southern on 10/4/2021.] |
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Filing 22
SCHEDULING ORDER and Scope of Permissible Discovery. Answer date for DynaEnergetics' due by 7/27/2021. Rule 26 Exchange due by 8/4/2021. Compliance with PR 4-1 due by 7/14/2021 Compliance with PR 4-2 due by 8/4/2021 Compliance with PR 4-3 due by 9/1/2021 Amended Pleadings due by 9/1/2021. Response to Amended Pleadings due by 9/15/2021 Technical Advisors Information due by 10/6/2021 Discovery - Claim Construction due by 9/29/2021 Written Tutorials due by 10/6/2021 Compliance with PR 4-5(a) due by 10/20/2021 Compliance with PR 4-5(b) due by 11/3/2021 Compliance with PR 4-5(c) due by 11/10/2021 Claim Construction Chart due by 12/8/2021. Markman Hearing set for 12/15/2021 at 10:00 AM at Courtroom 11B before Chief Judge Lee H Rosenthal. Decision on Claim Construction due by 2/15/2022 Final Infringement Contentions due by 3/15/2022 Final Invalidity Contentions due by 3/29/2022 Compliance with PR 3-8 due by 3/15/2022 Pltf Expert Report due by 4/12/2022. Deft Expert Report due by 5/10/2022. Discovery due by 7/5/2022. Dispositive Motion Filing due by 8/2/2022. Non-Dispositive Motion Filing due by 8/2/2022. Ruling on Pending Motions due by 9/27/2022 Joint Pretrial Order due by 10/25/2022. Request for Daily Transcript due by 10/25/2022 Video & Deposition Designation due by 10/25/2022 Motions in Limine due by 10/25/2022 Objections due by 11/1/2022 Advisory due by 11/18/2022 Docket Call set for 11/21/2022 at 09:00 AM in Courtroom 11B before Chief Judge Lee H Rosenthal. Mediation due by 11/21/2022. Jury Selection set for 12/5/2022 at 09:00 AM in Courtroom 11B before Chief Judge Lee H Rosenthal. Jury Trial set for 12/5/2022 at 09:30 AM in Courtroom 11B before Chief Judge Lee H Rosenthal.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(ShoshanaArnow, 4) [Transferred from Texas Southern on 10/4/2021.]
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Filing 21
ORDER granting #20 Motion to Withdraw; withdrawing #19 Opposed MOTION for Protective Order.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(gkelner, 4) [Transferred from Texas Southern on 10/4/2021.]
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| Filing 20 Unopposed MOTION to Withdraw #19 Opposed MOTION for Protective Order by NexTier Completion Solutions Inc., filed. Motion Docket Date 7/23/2021. (Attachments: #1 Proposed Order)(Alavi, Amir) [Transferred from Texas Southern on 10/4/2021.] |
| Filing 19 Opposed MOTION for Protective Order by NexTier Completion Solutions Inc., filed. Motion Docket Date 7/21/2021. (Attachments: #1 Proposed Order, #2 Declaration of Amir Alavi, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L)(Alavi, Amir) [Transferred from Texas Southern on 10/4/2021.] |
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Filing 18
ORDER granting #15 Motion for Barry Herman to Appear Pro Hac Vice.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(gkelner, 4) [Transferred from Texas Southern on 10/4/2021.]
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Filing 17
ORDER granting #16 Motion for Preston H. Heard to Appear Pro Hac Vice.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(ShoshanaArnow, 4) [Transferred from Texas Southern on 10/4/2021.]
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| Filing 16 MOTION for Preston H. Heard to Appear Pro Hac Vice by DynaEnergetics Europe GmbH, DynaEnergetics US, Inc., filed. Motion Docket Date 7/19/2021. (Moore, Megan) [Transferred from Texas Southern on 10/4/2021.] |
| Filing 15 MOTION for Barry J. Herman to Appear Pro Hac Vice by DynaEnergetics Europe GmbH, DynaEnergetics US, Inc., filed. Motion Docket Date 7/19/2021. (Moore, Megan) [Transferred from Texas Southern on 10/4/2021.] |
| Filing 14 Agreed PROPOSED ORDER re Scheduling Order, filed.(Alavi, Amir) [Transferred from Texas Southern on 10/4/2021.] |
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Filing 13
ORDER REASSIGNING CASE. Case reassigned to Chief Judge Lee H Rosenthal for all further proceedings. Judge Sim Lake no longer assigned to the case(Signed by Chief Judge Lee H Rosenthal) Parties notified.(olindor, 4) [Transferred from Texas Southern on 10/4/2021.]
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| Filing 12 CERTIFICATE OF INTERESTED PARTIES by NexTier Completion Solutions Inc., filed.(Alavi, Amir) [Transferred from Texas Southern on 10/4/2021.] |
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Filing 11
ORDER - Granting #10 Unopposed MOTION for Extension of Time to Respond to Complaint ; Answer due for DynaEnergetics US, Inc. 7/17/2021. (Signed by Judge Sim Lake) Parties notified.(sanderson, 4) [Transferred from Texas Southern on 10/4/2021.]
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| Filing 10 Unopposed MOTION for Extension of Time to Respond to Complaint by DynaEnergetics Europe GmbH, DynaEnergetics US, Inc., filed. Motion Docket Date 5/21/2021. (Attachments: #1 Proposed Order)(Kernell, Terry) [Transferred from Texas Southern on 10/4/2021.] |
| Filing 9 WAIVER OF SERVICE Returned Executed as to DynaEnergetics Europe GmbH served on 4/29/2021, answer due 7/28/2021, filed.(Alavi, Amir) [Transferred from Texas Southern on 10/4/2021.] |
| Filing 8 RETURN of Service, filed.(Alavi, Amir) [Transferred from Texas Southern on 10/4/2021.] |
| Filing 7 Summons Issued as to DynaEnergetics Europe GmbH, DynaEnergetics US, Inc.. Issued summons delivered to plaintiff by NEF, filed. (Attachments: #1 summon)(hlerma, 4) [Transferred from Texas Southern on 10/4/2021.] |
| Filing 6 Docketed in ERROR - Summons Issued as to DynaEnergetics US, Inc., DynaEnergetics Europe GmbH. Issued summons delivered to plaintiff by NEF, RETURN of Service of SUMMONS Executed as to DynaEnergetics US, Inc. served on 4/22/2021, answer due 5/13/2021; DynaEnergetics Europe GmbH served on 4/22/2021, answer due 5/13/2021, filed. (Attachments: #1 Summon)(hlerma, 4) Modified on 4/26/2021 (hlerma, 4). [Transferred from Texas Southern on 10/4/2021.] |
| Filing 5 US Patent and Trademark Office Notified. AO 120, filed. (Attachments: #1 Complaint) (JacquelineMataadi, 4) [Transferred from Texas Southern on 10/4/2021.] |
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Filing 4
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 7/30/2021 at 03:00 PM in Courtroom 9B before Judge Sim Lake. (Signed by Judge Sim Lake) Parties notified.(JacquelineMataadi, 4) [Transferred from Texas Southern on 10/4/2021.]
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| Filing 3 Request for Issuance of Summons as to DynaEnergetics Europe GmbH, filed.(Alavi, Amir) [Transferred from Texas Southern on 10/4/2021.] |
| Filing 2 Request for Issuance of Summons as to DynaEnergetics US, Inc., filed.(Alavi, Amir) [Transferred from Texas Southern on 10/4/2021.] |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 402 receipt number 0541-26320149) filed by NexTier Completion Solutions Inc.. (Attachments: #1 Exhibit 1, #2 Civil Cover Sheet)(Alavi, Amir) [Transferred from Texas Southern on 10/4/2021.] |
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