Veolia Water Solutions & Technologies Support v. Westech Engineering, Inc. et al
Petitioner: Veolia Water Solutions & Technologies Support
Respondent: Nordic Water Products AB and Westech Engineering, Inc.
Case Number: 2:2020cv00043
Filed: January 22, 2020
Court: US District Court for the District of Utah
Office: Central Office
Presiding Judge: Jill N Parrish
Referring Judge: Cecilia M Romero
Nature of Suit: Contract: Other
Cause of Action: 09 U.S.C. § 0001
Jury Demanded By: None
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Docket Report

This docket was last retrieved on November 24, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 19, 2020 Opinion or Order Filing 51 ORDER granting #48 Motion for Admission Pro Hac Vice of Attorney Anthony J. Biller for Veolia Water Solutions & Technologies Support.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Cecilia M. Romero on 2/19/2020. (jds)
February 19, 2020 Opinion or Order Filing 50 ORDER granting #47 Motion for Admission Pro Hac Vice of Attorney Larry Love Coats for Veolia Water Solutions & Technologies Support.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Cecilia M. Romero on 2/19/2020. (jds)
February 18, 2020 Filing 49 NOTICE OF ACKNOWLEDGMENT of Civil Standing Order #43 filed by Petitioner Veolia Water Solutions & Technologies Support (Freeland, Anne)
February 18, 2020 Filing 48 MOTION for Admission Pro Hac Vice of Anthony J. Biller and Consent of Local Counsel, Registration fee $ 250, receipt number AUTDC-3494436,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Petitioner Veolia Water Solutions & Technologies Support. (Attachments: #1 Exhibit A - Application for Pro Hac Vice Admission, #2 Text of Proposed Order for Pro Hac Vice Admission)(Freeland, Anne)
February 18, 2020 Filing 47 MOTION for Admission Pro Hac Vice of Larry L. Coats and Consent of Local Counsel, Registration fee $ 250, receipt number AUTDC-3494419,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Petitioner Veolia Water Solutions & Technologies Support. (Attachments: #1 Exhibit A - Application for Pro Hac Vice Admission, #2 Text of Proposed Order for Pro Hac Vice Admission)(Freeland, Anne)
February 17, 2020 Filing 46 NOTICE of Appearance by Anne Taylor Freeland on behalf of Veolia Water Solutions & Technologies Support (Freeland, Anne)
February 14, 2020 Opinion or Order Filing 45 ORDER REFERRING CASE to Magistrate Judge Cecilia M. Romero under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Motions referred to Cecilia M. Romero. Signed by Judge Jill N. Parrish on 2/14/2020. (ss)
February 13, 2020 Filing 44 NOTICE OF ACKNOWLEDGMENT of Civil Standing Order #43 filed by Respondents Nordic Water Products AB, Westech Engineering, Inc. (Bronson, Glenn)
February 12, 2020 Opinion or Order Filing 43 CIVIL STANDING ORDER. Signed by Judge Jill N. Parrish on 2/12/20. (ss)
February 10, 2020 Filing 42 NOTICE of Appearance by James C. Watson on behalf of Nordic Water Products AB, Westech Engineering, Inc. (Watson, James)
February 10, 2020 Filing 41 NOTICE of Appearance by Glenn R. Bronson on behalf of Nordic Water Products AB, Westech Engineering, Inc. (Bronson, Glenn)
January 30, 2020 Filing 40 NOTICE OF DEFICIENCY re #39 Notice (Other). The document was filed using the wrong event. The clerk requests the filer of the original document to refile the pleading. The new pleading will receive a new document number on the docket. (rks)
January 29, 2020 Filing 39 NOTICE of Substitution and Appearance of Counsel by Nordic Water Products AB, Westech Engineering, Inc. (Bronson, Glenn)
January 23, 2020 Filing 38 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Clifton E. McCann, for Respondent Westech Engineering, Inc. (alt)
January 23, 2020 Filing 37 NOTICE OF REQUIREMENTS for appearance phv mailed to attorneys John Christopher Jackson, John T. Kivus, for Respondents Nordic Water Products AB, Westech Engineering, Inc. (alt)
January 23, 2020 Filing 36 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Larry L. Coats, for Petitioner Veolia Water Solutions & Technologies Support (alt)
January 23, 2020 Filing 35 NOTICE OF REQUIREMENTS for appearance phv mailed to attorneys Emily M. Haas, Anthony J. Biller, for Petitioner Veolia Water Solutions & Technologies Support (alt)
January 23, 2020 Filing 34 Case transferred in from USDC of North Carolina Eastern; Case Number 5:19-cv-00344, assigned to District Judge Jill N. Parrish. Original file, certified copy of transfer order and docket sheet received.
January 22, 2020 Opinion or Order Filing 33 ORDER - The court, on its own initiative, TRANSFERS this matter pursuant to 28 U.S.C. 1404(a) to the United States District Court for the District of Utah, where a prior-filed lawsuit is pending between the same parties, Nordic Water Products, AB, and Westech Engineering, Inc. v. Veolia Water Solutions & Technologies Support, No. 2:19-CV-497-JNP (D. Utah). The clerk of court is DIRECTED to transmit a certified copy of this order and associated case file to the clerk of court for the District of Utah, and thereafter close this case. In light of the transfer of venue, the petition to compel arbitration #5 and motion for preliminary injunction #9 are DENIED WITHOUT PREJUDICE, and the motion to dismiss #24 by respondent Nordic Water is DENIED AS MOOT. Signed by District Judge Louise Wood Flanagan on 1/22/2020. (Collins, S.) [Transferred from North Carolina Eastern on 1/23/2020.]
January 8, 2020 Motion Submitted to District Judge Louise Wood Flanagan regarding #24 MOTION to Dismiss Petition to Compel Arbitration. (Collins, S.) [Transferred from North Carolina Eastern on 1/23/2020.]
January 7, 2020 Filing 32 REPLY to Response to Motion regarding #24 MOTION to Dismiss Petition to Compel Arbitration filed by Nordic Water Products AB. (Kivus, John) [Transferred from North Carolina Eastern on 1/23/2020.]
December 20, 2019 Filing 31 SUMMONS Returned Executed by Veolia Water Solutions & Technologies Support. Nordic Water Products AB served on 12/10/2019, answer due 12/31/2019. (Biller, Anthony) [Transferred from North Carolina Eastern on 1/23/2020.]
December 11, 2019 Motion Submitted to District Judge Louise Wood Flanagan regarding #9 MOTION for Preliminary Injunction. (Collins, S.) [Transferred from North Carolina Eastern on 1/23/2020.]
December 10, 2019 Filing 30 RESPONSE to Motion regarding #24 MOTION to Dismiss Petition to Compel Arbitration and REPLY regarding #9 MOTION for Preliminary Injunction filed by Veolia Water Solutions & Technologies Support. (Biller, Anthony) [Transferred from North Carolina Eastern on 1/23/2020.]
December 10, 2019 Filing 29 Declaration of Neil Nockert by Veolia Water Solutions & Technologies Support (Attachments: #1 Exhibit 1 Copy of Documents Served) (Biller, Anthony) [Transferred from North Carolina Eastern on 1/23/2020.]
November 15, 2019 Opinion or Order Filing 28 ORDER granting #27 Motion for Extension of Time to File Response and Replies regarding #9 MOTION for Preliminary Injunction, #24 MOTION to Dismiss Petition to Compel Arbitration. Reply to #9 due by 12/10/2019. Response to #24 due by 12/10/2019 and Reply to #24 due by 1/7/2020. Signed by District Judge Louise Wood Flanagan on 11/15/2019. (Collins, S.) [Transferred from North Carolina Eastern on 1/23/2020.]
November 15, 2019 Filing 27 Joint MOTION for Extension of Time to File Response/Reply filed by Veolia Water Solutions & Technologies Support. (Attachments: #1 Text of Proposed Order) (Biller, Anthony) [Transferred from North Carolina Eastern on 1/23/2020.]
November 13, 2019 Motion No Longer Submitted to District Judge Louise Wood Flanagan: regarding #9 MOTION for Preliminary Injunction. (Collins, S.) [Transferred from North Carolina Eastern on 1/23/2020.]
November 12, 2019 Filing 26 RESPONSE in Opposition regarding #9 MOTION for Preliminary Injunction filed by Nordic Water Products AB. (Attachments: #1 Index Index of Exhibits to Response in Opposition to MPI, #2 Exhibit Ex 1 - US Patent No. 8691785, #3 Exhibit Ex 2 - Non-Final Rejection, #4 Exhibit Ex 3 - Terminal Disclaimer, #5 Exhibit Ex 4 - 3-6-19 Letter to LCoats, #6 Exhibit Ex 5 - 3-12-19 Letter to EStole, #7 Exhibit Ex 6 - 4-10-19 Email, #8 Exhibit Ex 7 - Alleged Infringement Chart, #9 Exhibit Ex 8 - 8-5-19 JAMS Notice, #10 Exhibit Ex 9 - 8-5-19 Response Letter to JAMS, #11 Exhibit Ex 10 - Veolia's Motion to Dismiss in Utah case) (Kivus, John) [Transferred from North Carolina Eastern on 1/23/2020.]
November 12, 2019 Filing 25 Memorandum in Support regarding #24 MOTION to Dismiss Petition to Compel Arbitration filed by Nordic Water Products AB. (Attachments: #1 Index Index of Exhibits to Memo in Support of MTD, #2 Exhibit Ex 1 - US Patent No. 8961785, #3 Exhibit Ex 2 - Non-Final Rejection, #4 Exhibit Ex 3 - Terminal Disclaimer, #5 Exhibit Ex 4 - 3-6-19 Letter to LCoats, #6 Exhibit Ex 5 - 3-12-19 Letter to EStole, #7 Exhibit Ex 6 - 4-10-19 Email, #8 Exhibit Ex 7 - Alleged Infringement Chart, #9 Exhibit Ex 8 - 8-5-19 JAMS Notice, #10 Exhibit Ex 9 - 8-5-19 Response Letter to JAMS, #11 Exhibit Ex 10 - Veolia's Motion to Dismiss in Utah case, #12 Exhibit Ex 11 - Gunnarsson Declaration) (Kivus, John) [Transferred from North Carolina Eastern on 1/23/2020.]
November 12, 2019 Filing 24 MOTION to Dismiss #5 Corrected Petition to Compel Arbitration filed by Nordic Water Products AB. (Kivus, John) Modified on 11/13/2019 by case manager to create docket entry relationship to docket entry #5 . (Collins, S.). [Transferred from North Carolina Eastern on 1/23/2020.]
October 31, 2019 Filing 23 Financial Disclosure Statement by Nordic Water Products AB (Kivus, John) [Transferred from North Carolina Eastern on 1/23/2020.]
October 31, 2019 Filing 22 Notice of Appearance filed by John T. Kivus on behalf of Nordic Water Products AB. (Kivus, John) [Transferred from North Carolina Eastern on 1/23/2020.]
October 31, 2019 Filing 21 Notice of Appearance filed by John Christopher Jackson on behalf of Nordic Water Products AB. (Jackson, John) [Transferred from North Carolina Eastern on 1/23/2020.]
October 29, 2019 TEXT ORDER granting Nordic Water Products AB's Consent Motion for Extension of Time #20 . For good cause shown, it is ordered that Nordic Water Products AB has up to and including November 11, 2019, within which to respond to the Petition to Compel Arbitration #5 and Motion for Preliminary Injunction #9 . Signed by Peter A. Moore, Jr., Clerk of Court on 10/29/2019. (Hockaday, A.) [Transferred from North Carolina Eastern on 1/23/2020.]
October 29, 2019 Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #20 Consent MOTION for Extension of Time TO RESPOND TO PETITION TO COMPEL ARBITRATION AND MOTION FOR PRELIMINARY INJUNCTION. (Collins, S.) [Transferred from North Carolina Eastern on 1/23/2020.]
October 29, 2019 Notice to Counsel. Attorneys John T. Kivus and J. Christopher Jackson should file a Notice of Appearance on behalf of defendant respondent Nordic Water Products AB. (Collins, S.) [Transferred from North Carolina Eastern on 1/23/2020.]
October 28, 2019 Filing 20 Consent MOTION for Extension of Time TO RESPOND TO PETITION TO COMPEL ARBITRATION AND MOTION FOR PRELIMINARY INJUNCTION filed by Nordic Water Products AB. (Attachments: #1 Text of Proposed Order Proposed Order) (Kivus, John) Modified on 10/29/2019 to correct event (Hockaday, A.). [Transferred from North Carolina Eastern on 1/23/2020.]
October 28, 2019 Filing 19 SUMMONS Returned Executed by Veolia Water Solutions & Technologies Support. Nordic Water Products AB served on 10/7/2019, answer due 10/28/2019. (Biller, Anthony) [Transferred from North Carolina Eastern on 1/23/2020.]
October 18, 2019 Motion Submitted to District Judge Louise Wood Flanagan regarding #9 MOTION for Preliminary Injunction. (Collins, S.) [Transferred from North Carolina Eastern on 1/23/2020.]
October 15, 2019 Filing 18 REPLY to Response to Motion regarding #9 MOTION for Preliminary Injunction and Petition to Compel Arbitration filed by Veolia Water Solutions & Technologies Support. (Attachments: #1 Exhibit A 7.28.19 email E. Stole & A. Biller, #2 Exhibit B to Reply 9.13.19 email A. Biller & E. Holland) (Biller, Anthony) [Transferred from North Carolina Eastern on 1/23/2020.]
October 4, 2019 Filing 17 RESPONSE in Opposition regarding #9 MOTION for Preliminary Injunction filed by WesTech Engineering, Inc.. (Attachments: #1 Index Exhibit Index, #2 Exhibit 1 - US Patent 8961785, #3 Exhibit 2 - Non-Final Rejection, #4 Exhibit 3 - Terminal Disclaimer US10188971, #5 Exhibit 4 - 2019.03.06 Letter to L. Coats, #6 Exhibit 5 - 2019.03.12 Letter to E. Stole, #7 Exhibit 6 - 2019.04.10 Email re Veolia, WesTech and Nordic Water, #8 Exhibit 7 - Veolia Dynadisc Infringement Chart, #9 Exhibit 8 - 2019.08.05 Jams Notice, #10 Exhibit 9 - JAMS Response Letter 08.05.2019) (Kivus, John) [Transferred from North Carolina Eastern on 1/23/2020.]
October 4, 2019 Filing 16 Memorandum in Opposition regarding #5 Motion to Compel Arbitration Award,, by WesTech Engineering, Inc.. (Attachments: #1 Index Exhibit Index, #2 Exhibit 1 - US Patent 8961785, #3 Exhibit 2 - Non-Final Rejection, #4 Exhibit 3 - Terminal Disclaimer US10188971, #5 Exhibit 4 - 2019.03.06 Letter to L. Coats, #6 Exhibit 5 - 2019.03.12 Letter to E. Stole, #7 Exhibit 6 - 2019.04.10 Email re Veolia, WesTech and Nordic Water, #8 Exhibit 7 - Veolia Dynadisc Infringement Chart, #9 Exhibit 8 - 2019.08.05 Jams Notice, #10 Exhibit 9 - JAMS Response Letter 08.05.2019) (Kivus, John) [Transferred from North Carolina Eastern on 1/23/2020.]
September 4, 2019 Filing 15 Notice of Special Appearance for non-district by Clifton E. McCann on behalf of WesTech Engineering, Inc.. (McCann, Clifton) [Transferred from North Carolina Eastern on 1/23/2020.]
August 30, 2019 TEXT ORDER granting Respondent WesTech Engineering, Inc.'s Consent Motion for Extension of Time #12 . For good cause shown, it is ordered that this respondent shall have up to and including October 4, 2019, within which to respond to the Petition to Compel Arbitration #5 and Motion for Preliminary Injunction #9 . Signed by Peter A. Moore, Jr., Clerk of Court on 8/30/2019. (Hockaday, A.) [Transferred from North Carolina Eastern on 1/23/2020.]
August 29, 2019 Filing 14 Financial Disclosure Statement by WesTech Engineering, Inc. (Jackson, John) [Transferred from North Carolina Eastern on 1/23/2020.]
August 29, 2019 Filing 13 Notice of Appearance filed by John Christopher Jackson on behalf of WesTech Engineering, Inc.. (Jackson, John) [Transferred from North Carolina Eastern on 1/23/2020.]
August 29, 2019 Filing 12 Consent MOTION for Extension of Time to Respond to Petition and to Motion for Preliminary Injunction filed by WesTech Engineering, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order granting MEXT) (Kivus, John) Modified on 8/30/2019 to correct event type (Hockaday, A.). [Transferred from North Carolina Eastern on 1/23/2020.]
August 29, 2019 Filing 11 Notice of Appearance filed by John T. Kivus on behalf of WesTech Engineering, Inc.. (Kivus, John) [Transferred from North Carolina Eastern on 1/23/2020.]
August 29, 2019 Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #12 Consent MOTION for Extension of Time to Respond to Petition and to Motion for Preliminary Injunction. (Collins, S.) [Transferred from North Carolina Eastern on 1/23/2020.]
August 20, 2019 Filing 10 Memorandum in Support regarding #9 MOTION for Preliminary Injunction filed by Veolia Water Solutions & Technologies Support. (Biller, Anthony) [Transferred from North Carolina Eastern on 1/23/2020.]
August 20, 2019 Filing 9 MOTION for Preliminary Injunction filed by Veolia Water Solutions & Technologies Support. (Biller, Anthony) [Transferred from North Carolina Eastern on 1/23/2020.]
August 19, 2019 Filing 8 SUMMONS Returned Executed by Veolia Water Solutions & Technologies Support. WesTech Engineering, Inc. served on 8/14/2019, answer due 9/4/2019. (Biller, Anthony) [Transferred from North Carolina Eastern on 1/23/2020.]
August 9, 2019 TEXT ORDER REASSIGNING CASE. At the direction of the Court, the case is reassigned to United States District Judge Louise Wood Flanagan for all further proceedings. Chief United States District Judge Terrence W. Boyle is no longer assigned to the case. All future filings should reflect the revised case number of 5:19-CV-344-FL. Signed by Peter A. Moore, Jr., Clerk of Court on 8/9/2019. (Hockaday, A.) [Transferred from North Carolina Eastern on 1/23/2020.]
August 8, 2019 Filing 6 Financial Disclosure Statement by Veolia Water Solutions & Technologies Support identifying Corporate Parent Veolia Water Solutions & Technologies, Corporate Parent Veolia Environnement, Corporate Parent Veolia Eau - Compagnie Generale des Eaux for Veolia Water Solutions & Technologies Support. (Biller, Anthony) [Transferred from North Carolina Eastern on 1/23/2020.]
August 7, 2019 Filing 5 CORRECTED Motion to Compel Arbitration CORRECTED Petition to Compel Arbitration against Nordic Water Products AB, WesTech Engineering, Inc. ( Filing fee $ 400 receipt number 26JBITMU), filed by Veolia Water Solutions & Technologies Support. (Attachments: #1 Exhibit A Settlement Agreement, #2 Exhibit B January 30, 2019 letter, #3 Exhibit C Complaint, #4 Exhibit D Demand for Arbitration and Exhibits, #5 Exhibit E Refusal to participate in arbitration, #6 Civil Cover Sheet, #7 Proposed Summons to WesTech Engineering, Inc., #8 Proposed Summons to Nordic Water Products AB) (Biller, Anthony) Modified on 8/8/2019 to reflect corrected version. (Rudd, D.) [Transferred from North Carolina Eastern on 1/23/2020.]
August 7, 2019 Filing 4 Notice of Appearance filed by Larry L. Coats on behalf of Veolia Water Solutions & Technologies Support. (Coats, Larry) [Transferred from North Carolina Eastern on 1/23/2020.]
August 7, 2019 Filing 3 Notice of Appearance filed by Emily M. Haas on behalf of Veolia Water Solutions & Technologies Support. (Haas, Emily) [Transferred from North Carolina Eastern on 1/23/2020.]
August 7, 2019 Filing 2 Notice of Appearance filed by Anthony J. Biller on behalf of Veolia Water Solutions & Technologies Support. (Biller, Anthony) [Transferred from North Carolina Eastern on 1/23/2020.]
August 7, 2019 Filing 1 SEE CORRECTED AT #5 - Motion to Compel Arbitration Petition to Compel Arbitration against Nordic Water Products AB, WesTech Engineering, Inc. ( Filing fee $ 400 receipt number 0417-5053203), filed by Veolia Water Solutions & Technologies Support. (Attachments: #1 Exhibit A Settlement Agreement, #2 Exhibit B January 30, 2019 letter, #3 Exhibit C Complaint, #4 Exhibit D Demand for Arbitration and Exhibits, #5 Exhibit E Refusal to participate in arbitration, #6 Civil Cover Sheet, #7 Proposed Summons to WesTech Engineering, Inc., #8 Proposed Summons Nordic Water Products AB) (Biller, Anthony) Modified on 8/8/2019 to show corrected version filed at #5 . (Rudd, D.) [Transferred from North Carolina Eastern on 1/23/2020.]

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