Google LLC v. Terrier SSC, LLC
| Terrier SSC, LLC, Aqua Licensing, LLC and BP Funding Trust |
| Google LLC |
| 6:2021mc01269 |
| December 7, 2021 |
| US District Court for the Western District of Texas |
| Alan D Albright |
| Other Statutory Actions |
| None |
Docket Report
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This docket was last retrieved on February 4, 2022. A more recent docket listing may be available from PACER.
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| Filing 38 REPLY to Response to Motion, filed by Aqua Licensing, LLC, Terrier SSC, LLC, re #34 MOTION to Consolidate Cases filed by Defendant Aqua Licensing, LLC, Defendant BP Funding Trust, Defendant Terrier SSC, LLC Omnibus Reply (Attachments: #1 Reply Declaration of Morgan Pietz with Exs. 18 to 24)(Pietz, Morgan) |
| Filing 37 Pro Hac Vice Letter for Tharan Gregory Lanier. (ir) |
| Filing 36 Response in Opposition to Motion, filed by Google LLC, re #34 MOTION to Consolidate Cases filed by Defendant Aqua Licensing, LLC, Defendant BP Funding Trust, Defendant Terrier SSC, LLC (Attachments: #1 Ex A - 122121 Letter from MacLemore to Albright, #2 Ex B - 012122 Letter from Kash to Albright)(Jones, Michael) |
Filing 35
ORDER ON BRIEFING DEADLINES. Signed by Judge Alan D Albright. (ir)
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| Filing 34 MOTION to Consolidate Cases by Aqua Licensing, LLC, BP Funding Trust, Terrier SSC, LLC. (Attachments: #1 Exhibit Declaration with Exhibits, #2 Proposed Order Proposed Order Granting Consolidation)(MacLemore, Dan) |
| Filing 33 NOTICE of Attorney Appearance by Patrick C. Clutter on behalf of Google LLC. Attorney Patrick C. Clutter added to party Google LLC(pty:pet) (Clutter, Patrick) |
| CASE NO LONGER REFERRED to Magistrate Judge Jeffrey C. Manske. (lad) |
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Filing 32
ORDER GRANTING #28 Motion to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order, if he/she has not previously done so for a prior case in this District. Signed by Judge Alan D Albright. (sjda)
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Filing 31
ORDER GRANTING #25 Motion to Appear Pro Hac Vice for Attorney Morgan E. Pietz. Attorney added for Terrier SSC, LLC. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order, if he/she has not previously done so for a prior case in this District. Signed by Judge Alan D Albright. (sjda)
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Filing 30
ORDER CANCELLING Discovery Hearing. Signed by Judge Alan D Albright. (jzda)
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| Filing 29 NOTICE of Attorney Appearance by Robert Mark Millimet on behalf of Terrier SSC, LLC. Attorney Robert Mark Millimet added to party Terrier SSC, LLC(pty:res) (Millimet, Robert) |
| Filing 28 MOTION to Appear Pro Hac Vice by Michael E. Jones on behalf of Jennifer Kash ( Filing fee $ 100 receipt number 0542-15558801) by on behalf of Google LLC.. Motions referred to Judge Jeffrey C. Manske. (Jones, Michael) |
| Filing 27 NOTICE of Attorney Appearance by Michael E. Jones on behalf of Google LLC (Jones, Michael) |
| Filing 26 NOTICE of Attorney Appearance by Dan N. MacLemore, IV on behalf of Terrier SSC, LLC. Attorney Dan N. MacLemore, IV added to party Terrier SSC, LLC(pty:res) (MacLemore, Dan) |
| Filing 25 MOTION to Appear Pro Hac Vice by Dan N. MacLemore, IV ( Filing fee $ 100 receipt number 0542-15555527) by on behalf of Terrier SSC, LLC.. Motions referred to Judge Jeffrey C. Manske. (MacLemore, Dan) |
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Filing 24
ORDER, (Discovery Hearing set for 12/27/2021 11:00 AM before Judge Alan D Albright). Signed by Judge Alan D Albright. (bot4)
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| Filing 23 Pro Hac Vice Letter. (Main doc is Ltr to Sean J. Bellew, Attachments: #1 Ltr to Jennifer A. Kash, #2 Ltr to Jack B. Blumenfeld and Brian P. Egan)(lad) |
| Case assigned to Judge Alan D Albright and REFERRED to Magistrate Judge Jeffrey C. Manske. 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) |
| Filing 22 Case electronically transferred in from District of Delaware; Case Number 1:21-mc-00419. |
| Filing 21 Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding transfer of cases - re (20 in 1:21-mc-00440-MN-CJB, 20 in 1:21-mc-00419-MN-CJB) Oral Order,,,,,,,,,,. (Egan, Brian) [Transferred from Delaware on 12/7/2021.] |
| Case electronically transferred to the United States District Court for the Western District of Texas. (dlw) [Transferred from Delaware on 12/7/2021.] |
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Filing 20
ORAL ORDER: The Court, having reviewed Petitioner Google LLC's motions to compel responses to its third-party subpoenas issued to Respondents Terrier SSC, LLC and BP Funding Trust (the "motions to compel"), (D.I. 1), as well as Respondents' motions to transfer the motions to compel (the "motions to transfer"), (D.I. 10), hereby ORDERS that the motions to transfer are GRANTED. Federal Rule of Civil Procedure 45(f) states that "[w]hen the court where compliance is required did not issue the subpoena, it may transfer a motion under this rule to the issuing court if the person subject to the subpoena consents or if the court finds exceptional circumstances." Fed. R. Civ. P. 45. Here, both Respondents consent to the transfer of the motions to compel to the United States District Court for the Western District of Texas ("Western District of Texas"). Beyond that, it makes good sense for the Western District of Texas to resolve these motions to compel, because that Court: (1) is the issuing court regarding the challenged subpoenas, (D.I. 1, exs. 1-2); and (2) has already addressed -- in a set of cases that are related to the instant litigations -- the extent to which certain of the documents at issue in these motions to compel should be produced (in light of standing and relevance concerns), (C.A. No. 21-419, D.I. 13, ex. A at 2-3; D.I. 12 at 4-5). Cf. Fed. R. Civ. P Rule 45 advisory committee's notes (2013 amendments) ("[T]ransfer may be warranted in order to avoid disrupting the issuing court's management of the underlying litigation, as when that court has already ruled on issues presented by the motion or the same issues are likely to arise in discovery in many districts."); N. Atl. Operating Co., Inc. v. Dunhuang Grp., C.A. No. 18-MC-154-LPS, 2018 WL 3381300, at *2 (D. Del. July 11, 2018) (finding that extraordinary circumstances existed in the case "such that transfer [of a motion to compel wa]s warranted so as to not disrupt the issuing court's management of the [u]nderyling [a]ction" and finding that transfer was "likewise appropriate" and would "promote judicial economy and avoid the risk of inconsistent rulings" because the issuing court "[wa]s better suited to decide whether the subpoena should be enforced" in that the issuing court, inter alia, had already ruled on related issues). In light of the Court's ruling, it need not address the motions to compel further, as they will be addressed by the Western District of Texas.Ordered by Judge Christopher J. Burke on 12/6/2021. Associated Cases: 1:21-mc-00419-MN-CJB, 1:21-mc-00440-MN-CJB(mlc) [Transferred from Delaware on 12/7/2021.]
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| Minute Entry for proceedings held before Judge Christopher J. Burke - Motion Hearing held on 12/6/2021 regarding D.I. (10 in 1:21-mc-00440-MN-CJB) MOTION to Transfer Case to the United States District Court for the Western District of Texas filed by BP Funding Trust, WSOU Investments, LLC d/b/a Brazos Licensing and Development, D.I. (1 in 1:21-mc-00440-MN-CJB) MOTION to Compel filed by Google LLC, D.I. (10 in 1:21-mc-00419-MN-CJB) MOTION to Transfer Case to the United States District Court for the Western District of Texas filed by WSOU Investments, LLC d/b/a Brazos Licensing and Development, Terrier SSC, LLC, D.I. (1 in 1:21-mc-00419-MN-CJB) MOTION to Compel filed by Google LLC. After hearing from the parties regarding the motions, (D.I. 1; D.I. 10), the Court took the motions under advisement. (Court Reporter Deanna Warner, Hawkins Reporting. Clerk: E. Bryant-Alvarez) APPEARANCES: B. Egan and J. Kash for Petitioner; S. Bellew, R. Millimet and M. Pietz for Respondents; D. Felice and T. Richins for WSOU Investments. Associated Cases: 1:21-mc-00419-MN-CJB, 1:21-mc-00440-MN-CJB(mlc) [Transferred from Delaware on 12/7/2021.] |
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SO ORDERED D.I. (19 in 1:21-mc-00419-MN-CJB) MOTION for Pro Hac Vice Appearance of Attorney Travis Richins filed by WSOU Investments, LLC d/b/a Brazos Licensing and Development, (19 in 1:21-mc-00440-MN-CJB) MOTION for Pro Hac Vice Appearance of Attorney Travis Richins filed by WSOU Investments, LLC d/b/a Brazos Licensing and Development. Ordered by Judge Christopher J. Burke on 12/3/2021. Associated Cases: 1:21-mc-00419-MN-CJB, 1:21-mc-00440-MN-CJB(dlb) [Transferred from Delaware on 12/7/2021.]
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| Filing 19 MOTION for Pro Hac Vice Appearance of Attorney Travis Richins - filed by WSOU Investments, LLC d/b/a Brazos Licensing and Development. Motions referred to Christopher J. Burke.(Felice, David) [Transferred from Delaware on 12/7/2021.] |
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Filing 18
ORAL ORDER: The Court, having reviewed the pending motions, (D.I. 1, D.I. 10), hereby ORDERS as follows: (1) The Court will hear argument on the motions via teleconference on December 6, 2021 at 12:00 p.m.; (2) By no later than December 1, 2021, the parties shall jointly provide the Court's Courtroom Deputy, Ms. Benyo, with a dial-in number via e-mail to use for the call; and (3) The Court may choose to resolve the motions prior to the telephone conference and will, in that event, cancel the conference. Ordered by Judge Christopher J. Burke on 11/17/2021. Associated Cases: 1:21-mc-00419-MN-CJB, 1:21-mc-00440-MN-CJB(dlb) [Transferred from Delaware on 12/7/2021.]
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Filing 17
ORAL ORDER REFERRING MISCELLANEOUS CASE to Magistrate Judge Christopher J. Burke - IT IS HEREBY ORDERED that this miscellaneous case is referred to Magistrate Judge Christopher J. Burke to hear and resolve all matters, including the pending motions, subject to 28 U.S.C. 636(b) and any further Order of the Court. All subsequent filings in this action shall be captioned as follows: Civil Action No. 21-mc-419-MN-CJB. ORDERED by Judge Maryellen Noreika on 11/10/2021. Motions referred to Christopher J. Burke.(dlw) [Transferred from Delaware on 12/7/2021.]
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| Filing 16 REQUEST for Oral Argument by Google LLC re (10 in 1:21-mc-00440-MN) MOTION to Transfer Case to the United States District Court for the Western District of Texas, (1 in 1:21-mc-00440-MN) MOTION to Compel, (10 in 1:21-mc-00419-MN) MOTION to Transfer Case to the United States District Court for the Western District of Texas, (1 in 1:21-mc-00419-MN) MOTION to Compel. (Egan, Brian) [Transferred from Delaware on 12/7/2021.] |
| Filing 15 REPLY BRIEF re #10 MOTION to Transfer Case to the United States District Court for the Western District of Texas filed by Terrier SSC, LLC. (Bellew, Sean) [Transferred from Delaware on 12/7/2021.] |
| Filing 14 BRIEF (Combined Answering and Reply) re #10 MOTION to Transfer Case to the United States District Court for the Western District of Texas, #1 MOTION to Compel filed by Google LLC.Reply Brief due date per Local Rules is 10/29/2021. (Attachments: #1 Exhibits A-B)(Egan, Brian) [Transferred from Delaware on 12/7/2021.] |
| Filing 13 DECLARATION of Morgan E. Pietz re #11 Response to Motion by Terrier SSC, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Bellew, Sean) Modified on 10/21/2021 (dlw). [Transferred from Delaware on 12/7/2021.] |
| Filing 12 DECLARATION of Travis Richins re #11 Response to Motion, #10 MOTION to Transfer Case to the United States District Court for the Western District of Texas by Terrier SSC, LLC, WSOU Investments, LLC d/b/a Brazos Licensing and Development. (Felice, David) Modified on 10/21/2021 (dlw). [Transferred from Delaware on 12/7/2021.] |
| Filing 11 RESPONSE to Motion re #1 MOTION to Compel // Terrier SSC, LLC and BP Funding Trust's Omnibus Opposition to Google's Motion to Compel filed by Terrier SSC, LLC. (Bellew, Sean) Modified on 10/21/2021 (dlw). [Transferred from Delaware on 12/7/2021.] |
| Filing 10 MOTION to Transfer Case to the United States District Court for the Western District of Texas - filed by Terrier SSC, LLC, WSOU Investments, LLC d/b/a Brazos Licensing and Development. (Attachments: #1 Text of Proposed Order)(Felice, David) [Transferred from Delaware on 12/7/2021.] |
| Pro Hac Vice Attorneys Matthew S. Warren, Erika Warren, Jennifer A. Kash for Google LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (twk) [Transferred from Delaware on 12/7/2021.] |
| Pro Hac Vice Attorney Francesca Miki Shima Germinario for Google LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (twk) [Transferred from Delaware on 12/7/2021.] |
| Filing 9 MOTION for Pro Hac Vice Appearance of Attorney Robert M. Millimet - filed by Terrier SSC, LLC. (Bellew, Sean) [Transferred from Delaware on 12/7/2021.] |
| Filing 8 MOTION for Pro Hac Vice Appearance of Attorney Morgan E. Pietz - filed by Terrier SSC, LLC. (Bellew, Sean) [Transferred from Delaware on 12/7/2021.] |
| Filing 7 NOTICE of Appearance by Sean J. Bellew on behalf of Terrier SSC, LLC (Bellew, Sean) [Transferred from Delaware on 12/7/2021.] |
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SO ORDERED re #9 MOTION for Pro Hac Vice Appearance of Attorney Robert M. Millimet, #8 MOTION for Pro Hac Vice Appearance of Attorney Morgan E. Pietz filed by Terrier SSC, LLC. ORDERED by Judge Maryellen Noreika on 10/20/2021. (dlw) [Transferred from Delaware on 12/7/2021.]
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| Filing 6 CERTIFICATE OF SERVICE of Court's October 18, 2021 Order by Google LLC (Egan, Brian) [Transferred from Delaware on 12/7/2021.] |
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Filing 5
ORDER re (2 in 1:21-mc-00443-UNA) MOTION to Compel filed by Google LLC, (1 in 1:21-mc-00440-UNA) MOTION to Compel filed by Google LLC, (1 in 1:21-mc-00419-MN): The respondents shall file a response to the motion by NOON on Thursday, October 21, 2021, and the petitioner shall serve a copy of this Order on the respondents and file a certificate of service by the close of business TODAY. (Response due 10/21/2021). Signed by Judge Maryellen Noreika on 10/18/2021. Associated Cases: 1:21-mc-00419-MN, 1:21-mc-00440-UNA, 1:21-mc-00443-UNA(mdb) [Transferred from Delaware on 12/7/2021.]
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SO ORDERED re #3 MOTION for Pro Hac Vice Appearance of Attorney Matthew S. Warren, Jennifer A. Kash, Erika Warren, and Francesca Miki Shima Germinario filed by Google LLC. ORDERED by Judge Maryellen Noreika on 10/13/2021. (dlw) [Transferred from Delaware on 12/7/2021.]
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| Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb) [Transferred from Delaware on 12/7/2021.] |
| Filing 4 AFFIDAVIT of Service for Motion to Compel, Exhibits 1-4, and 7.1 Certificate served on Terrier SSC, LLC on October 7, 2021, filed by Google LLC. (Egan, Brian) [Transferred from Delaware on 12/7/2021.] |
| Filing 3 MOTION for Pro Hac Vice Appearance of Attorney Matthew S. Warren, Jennifer A. Kash, Erika Warren, and Francesca Miki Shima Germinario - filed by Google LLC. (Egan, Brian) [Transferred from Delaware on 12/7/2021.] |
| Remark: Case Submitted for Routine Judicial Assignment. (srs) [Transferred from Delaware on 12/7/2021.] |
| Filing 2 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Alphabet Inc. and Corporate Parent XXVI Holdings Inc. for Google LLC filed by Google LLC. (srs) [Transferred from Delaware on 12/7/2021.] |
| Filing 1 MOTION to Compel Terrier SSC, LLC to Comply with Subpoenas on an Expedited Basis - filed by Google LLC. (Attachments: #1 Exhibit 1-4, #2 Civil Cover Sheet)(srs) [Transferred from Delaware on 12/7/2021.] |
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