Axcess Global Services et al v. New U Life Disc et al
| Pruvit Ventures and Axcess Global Services |
| New U Life Disc and New U Life Corp |
| 2:2021cv00215 |
| April 8, 2021 |
| US District Court for the District of Utah |
| Howard C Nielson |
| Cecilia M Romero |
| Patent |
| 35 U.S.C. § 0271 |
| Plaintiff |
Docket Report
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| Filing 39 Report on the Final Decision of an action sent to the Director of the U.S. Patent and Trademark Office. (jwt) |
Filing 38
DOCKET TEXT ORDER granting #37 Motion to Dismiss. Case Closed. Magistrate Judge Cecilia M. Romero no longer assigned to case. Signed by Judge Howard C. Nielson, Jr on 11/23/21. No attached document. (jwt)
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| Filing 37 Stipulated MOTION to Dismiss filed by Plaintiffs Axcess Global Services, Pruvit Ventures. (Platt, Brian) |
| Filing 36 REPLY to Response to Motion re #31 MOTION to Consolidate Cases and Memorandum in Support filed by Defendant New U Life Corp. (Love, Jonathan) |
| Filing 35 Amended RESPONSE to Motion re #31 MOTION to Consolidate Cases and Memorandum in Support filed by Plaintiffs Axcess Global Services, Pruvit Ventures. (Platt, Brian) |
| Filing 34 AFFIDAVIT/DECLARATION of Brian N. Platt in Opposition re #31 MOTION to Consolidate Cases and Memorandum in Support filed by Plaintiffs Axcess Global Services, Pruvit Ventures. (Attachments: #1 Exhibit A, #2 Exhibit B)(Platt, Brian) |
| Filing 33 RESPONSE to Motion re #31 MOTION to Consolidate Cases and Memorandum in Support filed by Plaintiffs Axcess Global Services, Pruvit Ventures. (Platt, Brian) |
| Filing 32 #31 Motion to Consolidate Cases is no longer referred to Magistrate Judge Cecilia M. Romero. District Judge Howard C. Nielson, Jr. will handle the motion. (jrl) |
| Filing 31 MOTION to Consolidate Cases and Memorandum in Support filed by Defendant New U Life Corp. (Attachments: #1 Exhibit A - Complaint for Patent Infringement filed in Second Action) Motions referred to Cecilia M. Romero.(Cuneo, Christopher) |
| Filing 30 NOTICE of Appearance by Chad E. Nydegger on behalf of Axcess Global Services, Pruvit Ventures (Nydegger, Chad) |
| Filing 29 REPLY to Response to Motion re #18 MOTION to Dismiss and Memorandum in Support of Motion Dismiss Amended Complaint for Patent Infringement, Abuse of Process, and Wrongful Use of Civil Proceedings filed by Defendant New U Life Corp. (Herberholz, Dana) |
| Filing 28 CERTIFICATE of Counsel Regarding Service of Defendant's Initial Disclosures by Christopher J. Cuneo for Defendant New U Life Corp (Cuneo, Christopher) |
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Filing 27
DOCKET TEXT ORDER: Pursuant to the #25 Notice of Voluntary Dismissal, Defendant New U Life Disc, Inc. is dismissed from this action without prejudice. No attached document. SO ORDERED. Signed by Judge Howard C. Nielson, Jr on 8/2/21. (dla)
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| Filing 26 MEMORANDUM in Opposition re #18 MOTION to Dismiss and Memorandum in Support of Motion Dismiss Amended Complaint for Patent Infringement, Abuse of Process, and Wrongful Use of Civil Proceedings filed by Plaintiffs Axcess Global Services, Pruvit Ventures. (Platt, Brian) |
| Filing 25 NOTICE of Voluntary Dismissal of New U Life Disc, Inc. filed by Plaintiffs Axcess Global Services, Pruvit Ventures (Platt, Brian) |
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Filing 24
ORDER granting #23 Unopposed Motion for Extension of Time to Respond to Defendants' Motion to Dismiss. Signed by Magistrate Judge Cecilia M. Romero on 7/21/21. (dla)
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| Filing 23 MOTION for Extension of Time to Respond to Defendants' Motion to Dismiss filed by Plaintiffs Axcess Global Services, Pruvit Ventures. (Attachments: #1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Platt, Brian) |
| Filing 22 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Plaintiff Pruvit Ventures. (Platt, Brian) |
| Filing 21 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Plaintiff Axcess Global Services. (Platt, Brian) |
| Filing 20 NOTICE of Corporate Disclosure Statement of Defendant New U Life Corp. by New U Life Corp, New U Life Disc re #18 MOTION to Dismiss and Memorandum in Support of Motion Dismiss Amended Complaint for Patent Infringement, Abuse of Process, and Wrongful Use of Civil Proceedings (Love, Jonathan) |
| Filing 19 NOTICE of Corporate Disclosure Statement of Defendant New U Life Disc, Inc. by New U Life Corp, New U Life Disc re #18 MOTION to Dismiss and Memorandum in Support of Motion Dismiss Amended Complaint for Patent Infringement, Abuse of Process, and Wrongful Use of Civil Proceedings (Love, Jonathan) |
| Filing 18 MOTION to Dismiss and Memorandum in Support of Motion Dismiss Amended Complaint for Patent Infringement, Abuse of Process, and Wrongful Use of Civil Proceedings filed by Defendants New U Life Corp, New U Life Disc. (Love, Jonathan) |
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Filing 17
ORDER granting #15 Motion for Admission Pro Hac Vice of Attorney Christopher J. Cuneo for New U Life Corp New U Life Disc.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.uscourts.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 7/9/21. (dla)
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Filing 16
ORDER granting #14 Motion for Admission Pro Hac Vice of Attorney Dana M. Herberholz for New U Life Corp, New U Life Disc.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.uscourts.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 7/9/21. (dla)
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| Filing 15 MOTION for Admission Pro Hac Vice of Christopher J. Cuneo , Registration fee $ 250, receipt number AUTDC-4053387,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.uscourts.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 Defendants New U Life Corp, New U Life Disc. (Attachments: #1 Pro Hac Vice Application of Christopher Cuneo, #2 Proposed Order Granting Motion for Pro Hac Vice Admission of Christopher Cuneo)(Love, Jonathan) |
| Filing 14 MOTION for Admission Pro Hac Vice of Dana M. Herberholz , Registration fee $ 250, receipt number AUTDC-4053382,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.uscourts.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 Defendants New U Life Corp, New U Life Disc. (Attachments: #1 Pro Hac Vice Application of Dana Herberholz, #2 Text of Proposed Order Proposed Order Granting Motion for Pro Hac Vice Admission of Dana Herberholz)(Love, Jonathan) |
| Filing 13 NOTICE of Appearance by Jonathan H. Love on behalf of New U Life Corp, New U Life Disc (Love, Jonathan) |
| Filing 12 WAIVER OF SERVICE Returned Executed filed by Pruvit Ventures, Axcess Global Services as to New U Life Corp Waiver sent on 4/16/2021, answer due 8/9/2021; New U Life Disc Waiver sent on 4/16/2021, answer due 8/9/2021. (Platt, Brian) |
| Filing 11 AMENDED COMPLAINT against All Defendants with Jury Demand. filed by Pruvit Ventures, Axcess Global Services. (Attachments: #1 Exhibit A - US6613356, #2 Exhibit B, #3 Exhibit C - 2019.07.09 Email from Galvin, #4 Exhibit D - 2019.07.23 Letter to Galvin, #5 Exhibit E - 2019.07.24 NUL ITC Complaint, #6 Exhibit F - 2019.07.26 NUL USITC Press Release, #7 Exhibit G - 2019.08.29 AGS Sanctions Motion, #8 Exhibit H - 2019.11.15 ITC Dismissal Order, #9 Exhibit I - 2019.10.25 Letter to NUL re Litigation Hold, #10 Exhibit J - 2020.03.03 CAFC Dismissal) (Platt, Brian) |
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Filing 10
ORDER granting #9 Motion for Extension of Time. Signed by Magistrate Judge Cecilia M. Romero on 5/7/21 (alt)
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| Filing 9 Stipulated MOTION for Extension of Time to Respond to Complaint and Memorandum in Support filed by Plaintiffs Axcess Global Services, Pruvit Ventures. (Attachments: #1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Platt, Brian) |
| Filing 8 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Pruvit Ventures, Axcess Global Services as to New U Life Disc served on 4/16/2021, answer due 5/7/2021. (Platt, Brian) |
| Filing 7 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Pruvit Ventures, Axcess Global Services as to New U Life Corp served on 4/16/2021, answer due 5/7/2021. (Platt, Brian) |
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Filing 6
DOCKET TEXT 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. Signed by Judge Howard C. Nielson, Jr on 4/12/21. (dla)
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| Filing 5 **RESTRICTED DOCUMENT**Summons Issued Electronically as to New U Life Corp. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (nmt) |
| Filing 4 **RESTRICTED DOCUMENT**Summons Issued Electronically as to New U Life Disc. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (nmt) |
| Filing 3 Report on the Filing of an action sent to the Director of the U.S. Patent and Trademark Office. (nmt) |
| Filing 2 COMPLAINT against All Defendants (Filing fee $ 402, receipt number AUTDC-3974331) filed by Pruvit Ventures, Axcess Global Services. (Attachments: #1 Exhibit A - US6613356, #2 Exhibit B - US10736861, #3 Exhibit C - 2019.07.09 Email from Galvin, #4 Exhibit D - 2019.07.23 Letter to Galvin, #5 Exhibit E - 2019.07.24 NUL ITC Complaint, #6 Exhibit F - 2019.07.26 NUL USITC Press Release, #7 Exhibit G - 2019.08.29 AGS Sanctions Motion, #8 Exhibit H - 2019.11.15 ITC Dismissal Order, #9 Exhibit I - 2019.10.25 Letter to NUL re Litigation Hold, #10 Exhibit J - 2020.03.03 CAFC Dismissal, #11 Civil Cover Sheet Civil Cover Sheet) Assigned to Judge Howard C. Nielson, Jr (Platt, Brian) |
| Filing 1 Case has been indexed and assigned to Judge Howard C. Nielson, Jr. Plaintiff Axcess Global Services is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 402.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (nmt) |
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