Wedi Corp v. Hydroblok Grand International Ltd et al
| Hydroblok Grand International Ltd, Hydroblok Grand International Inc, Hydro-Blok USA LLC, Hydroblok Grand Canada, Hydroblok Grand Nevada and Hydroblok USA |
| Wedi Corp |
| 2:2023cv00452 |
| March 23, 2023 |
| US District Court for the Western District of Washington |
| Seattle Office |
| Brian A Tsuchida |
| Thomas S Zilly |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| Both |
Docket Report
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This docket was last retrieved on November 9, 2023. A more recent docket listing may be available from PACER.
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Filing 68
ORDER: Plaintiff's motion to transfer this action back to the District of Nevada, docket no. #57 , is RENOTED to August 18, 2023. Jurisdictional discovery shall be completed by July 21, 2023. Supplemental briefs and supporting declarations or affidavits shall be filed by August 14, 2023. Optional supplemental rebuttal briefs are due by August 18, 2023. Plaintiff's unopposed motion, docket no. #58 , to extend the deadline for its responsive pleading or motion in answer to defendants' counterclaim, is GRANTED. Plaintiff's motion to stay proceedings, docket no. #66 , is GRANTED as follows: This case is STAYED except with respect to jurisdictional discovery and supplemental briefing and filings relating to plaintiff's motion for retransfer. Defendants' motion for sanctions, docket no. #67 , is STRICKEN without prejudice. Signed by Judge Thomas S. Zilly. (LH)
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Filing 67
***STRICKEN*** MOTION for Sanctions pursuant to FRCP 11(c)(2), filed by All Defendants. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 6/2/2023, (Denkenberger, John) Modified to strike filing on 5/19/2023 (LH).
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Filing 66
MOTION to Stay Proceedings, filed by Plaintiff Wedi Corp. Noting Date 5/26/2023, (Kanter, Justin)
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Filing 65
DECLARATION of Justin C. Kanter filed by Plaintiff Wedi Corp re #57 MOTION to Retransfer to the District of Nevada (Attachments: #1 Exhibit A)(Kanter, Justin)
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Filing 64
REPLY, filed by Plaintiff Wedi Corp, TO RESPONSE to #57 MOTION to Retransfer to the District of Nevada (Kanter, Justin)
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Filing 63
DECLARATION of John Whitaker filed by Counter Claimants Hydro-Blok USA LLC, Hydroblok Grand International Inc, Hydroblok Grand International Ltd, Defendants Hydro-Blok USA LLC, Hydroblok Grand International Inc, Hydroblok Grand International Ltd re #57 MOTION to Retransfer to the District of Nevada (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Whitaker, John)
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Filing 62
RESPONSE, by Counter Claimants Hydro-Blok USA LLC, Hydroblok Grand International Inc, Hydroblok Grand International Ltd, Defendants Hydro-Blok USA LLC, Hydroblok Grand International Inc, Hydroblok Grand International Ltd, to #57 MOTION to Retransfer to the District of Nevada. (Whitaker, John)
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Filing 61
CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Hydroblok Grand International Inc. for Hydroblok Grand International Ltd. Filed pursuant to Fed.R.Civ.P 7.1(a)(1). Filed by Hydro-Blok USA LLC, Hydroblok Grand International Inc, Hydroblok Grand International Ltd. (Denkenberger, John)
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Filing 60
REPLY, filed by Plaintiff Wedi Corp, TO RESPONSE to #58 MOTION for Relief from Deadline Pursuant to LCR 7(J) (Becka, Daniel)
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Filing 59
RESPONSE, by Counter Claimants Hydro-Blok USA LLC, Hydroblok Grand International Inc, Hydroblok Grand International Ltd, Defendants Hydro-Blok USA LLC, Hydroblok Grand International Inc, Hydroblok Grand International Ltd, to #58 MOTION for Relief from Deadline Pursuant to LCR 7(J). (Whitaker, John)
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Filing 58
MOTION for Relief from Deadline Pursuant to LCR 7(J), filed by Plaintiff Wedi Corp. Noting Date 4/21/2023, (Kanter, Justin)
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Filing 57
MOTION to Retransfer to the District of Nevada re #43 Order on Motion to Change Venue,,,,,, Terminated Case,,,,, , filed by Plaintiff Wedi Corp. Oral Argument Requested. Noting Date 4/28/2023, (Kanter, Justin) Modified title on 8/18/2023 4/7/2023 (LH). Modified noting date on 5/19/2023 (LH).
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Filing 56
ANSWER to #1 Complaint,, with JURY DEMAND, COUNTERCLAIM against plaintiff Wedi Corp by Hydro-Blok USA LLC, Hydroblok Grand International Inc, Hydroblok Grand International Ltd.(Denkenberger, John)
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Filing 55
ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT by Judge Thomas S. Zilly. Joint Status Report due by 6/5/2023, FRCP 26(f) Conference Deadline is 5/22/2023, and Initial Disclosure Deadline is 6/5/2023. (KK)
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Filing 54
ORDER re #52 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Justin C Kanter for Plaintiff Wedi Corp by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). (JWC)
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Filing 53
ORDER re #51 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Daniel J Becka for Plaintiff Wedi Corp by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). (JWC)
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Filing 52
APPLICATION OF ATTORNEY Justin C. Kanter FOR LEAVE TO APPEAR PRO HAC VICE for All Plaintiffs (Fee Paid) Receipt No. AWAWDC-7955490 (Fogarty, Paul)
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Filing 51
APPLICATION OF ATTORNEY Daniel J. Becka FOR LEAVE TO APPEAR PRO HAC VICE for All Plaintiffs (Fee Paid) Receipt No. AWAWDC-7955483 (Fogarty, Paul)
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Filing 50
NOTICE of Appearance by attorney Paul E Fogarty on behalf of Plaintiff Wedi Corp. (Fogarty, Paul)
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Filing 49
CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Hydroblok Grand International Ltd. for Hydroblok Grand International Inc. Filed pursuant to Fed.R.Civ.P 7.1(a)(1). Filed by All Defendants. (Denkenberger, John)
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CASE REASSIGNED to Judge Thomas S. Zilly for all further proceedings. Judge Tana Lin is no longer assigned to the case. All future documents filed in this case must bear the cause number 2:23-CV-0452-TSZ. (KMP)
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Filing 48
NOTICE of Related Case(s) 2:15-CV-00671-TSZ, by Defendants Hydro-Blok USA LLC, Hydroblok Grand International Inc, Hydroblok Grand International Ltd. (Denkenberger, John)
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Filing 47
MINUTE ORDER REASSIGNING CASE by Clerk Ravi Subramanian. Case reassigned to Judge Tana Lin for all further proceedings. Hon. Brian A Tsuchida no longer assigned to case. (AQ)
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Filing 46
NOTICE OF ASSIGNMENT TO A US MAGISTRATE JUDGE AND DECLINATION OF CONSENT FORM. Each party will be deemed to have knowingly and voluntarily consented to proceed before a Magistrate Judge if this form is not returned by 3/31/2023. Please Note: Forms must not be electronically filed with the Court. (AQ)
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Filing 45
LETTER from Clerk to counsel re receipt of case from District of of Nevada, Las Vegas and advising of WAWD case number and judge assignment. (RE)
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Filing 44
Case transferred in from District of Nevada (Las Vegas), Case Number 2:22-cv-00457-CDS-BNW. (RE)
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NOTICE: Pursuant to Fed.R.Civ.P 7.1(a)(1), Defendant(s) Hydroblok Grand International Ltd, Hydroblok Grand International Inc and Hydro-Blok USA LLC must file a Corporate Disclosure Statement by 3/31/2023. If applicable, a Diversity Disclosure Statement may be required pursuant to Fed.R.Civ.P 7.1(a)(2). In order to properly notify the Court, use the event Corporate/Diversity Disclosure Statement located in CM/ECF under Other Filings, Other Documents. (RE)
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Hon. Brian A Tsuchida added. (RE)
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Filing 43
ORDER that the defendants' motion to transfer [ECF No. #30 ] is GRANTED. IT IS FURTHER ORDERED that the defendants' motion for sanctions [ECF No. #27 ] is DENIED without prejudice.IT IS FURTHER ORDERED that the Clerk of Court is directed to TRANSFER THIS CASE to the United States District Court for the Western District of Washington and CLOSE THE CASE IN THIS DISTRICT. Signed by Judge Cristina D. Silva on 3/23/2023. (Copies have been distributed pursuant to the NEF - TRW) Modified on 3/23/2023 (JLB). Modified on 3/23/2023 (TRW). [Transferred from nvd on 3/24/2023.]
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Filing 42
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 10/12/2022. IT IS ORDERED that ECF No. #40 Stipulation to Stay Discovery is GRANTED. IT IS FURTHER ORDERED that the parties are to file a proposed Discovery Plan and Scheduling Order within 14 days of the pending motions being decided, if neccessary.(no image attached) (Copies have been distributed pursuant to the NEF - RA) [Transferred from nvd on 3/24/2023.]
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Filing 41
ORDER Granting #39 Stipulation of Substitution of Attorney. Signed by Magistrate Judge Brenda Weksler on 10/11/2022. (Copies have been distributed pursuant to the NEF - JQC) [Transferred from nvd on 3/24/2023.]
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Filing 40
STIPULATION TO STAY DISCOVERY re 38 Minute Order,, by Defendants Hydro-Blok USA LLC, Hydroblok Grand International Inc., Hydroblok Grand International Ltd.. (Whitaker, John) (stay) (nondispositive) [Transferred from nvd on 3/24/2023.]
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Filing 39
STIPULATION Substitution of Attorney by Plaintiff Wedi Corp.. (Kanter, Justin) (other) (attorney) [Transferred from nvd on 3/24/2023.]
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Filing 38
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 10/3/2022. The Court reviewed ECF No. #36 . IT IS ORDERED that the parties must meet and confer about a proposed Discovery Plan and Scheduling Order and staying discovery. IT IS FURTHER ORDERED that the parties must file a stipulation to stay discovery or a joint proposed DPSO by 10/14/2022. If the parties cannot agree on staying discovery, Defendants may file a motion to stay discovery by 10/14/2022 in addition to the joint proposed DPSO.(no image attached) (Copies have been distributed pursuant to the NEF - RA) [Transferred from nvd on 3/24/2023.]
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Filing 37
EXHIBIT A to #36 Status Report by Plaintiff Wedi Corp.. (Kanter, Justin) [Transferred from nvd on 3/24/2023.]
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Filing 36
STATUS REPORT Regarding Rule 26(f) Conference and Discovery Plan by Plaintiff Wedi Corp... (Kanter, Justin) [Transferred from nvd on 3/24/2023.]
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Filing 35
REPLY to Response to #30 Motion to Change Venue/Transfer by Defendants Hydro-Blok USA LLC, Hydroblok Grand International Inc., Hydroblok Grand International Ltd.. (Denkenberger, John) [Transferred from nvd on 3/24/2023.]
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Filing 34
REPLY to Response to #27 Motion for Sanctions, by Defendants Hydro-Blok USA LLC, Hydroblok Grand International Inc., Hydroblok Grand International Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Whitaker, John) [Transferred from nvd on 3/24/2023.]
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Filing 33
RESPONSE to #30 Motion to Change Venue/Transfer by Plaintiff Wedi Corp.. Replies due by 7/15/2022. (Attachments: #1 Exhibit A (Hydroblok Website, Contact Us Page), #2 Exhibit B (Taxation of Costs, Case 671))(Kanter, Justin) [Transferred from nvd on 3/24/2023.]
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Filing 32
EXHIBIT to #31 Response by Plaintiff Wedi Corp.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23)(Becka, Daniel) [Transferred from nvd on 3/24/2023.]
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Filing 31
RESPONSE to #27 Motion for Sanctions, by Plaintiff Wedi Corp.. Replies due by 7/15/2022. (Becka, Daniel) [Transferred from nvd on 3/24/2023.]
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Filing 30
MOTION to Change Venue. Pursuant to FRCP 12(b)(3) and 28 U.S.C 1406 Responses due by 7/15/2022. (Denkenberger, John) [Transferred from nvd on 3/24/2023.]
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Filing 29
ORDER granting #28 Stipulation Re: #28 #27 Motion for Sanctions, Responses due by 7/8/2022. Signed by District Judge Cristina D. Silva on 6/30/2022. (Copies have been distributed pursuant to the NEF - HAM) [Transferred from nvd on 3/24/2023.]
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Filing 28
STIPULATION FOR EXTENSION OF TIME (First Request) re #27 Motion for Sanctions, by Plaintiff Wedi Corp.. (Becka, Daniel) [Transferred from nvd on 3/24/2023.]
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Filing 27
MOTION for Sanctions Pursuant to FRCP 11(c)(2) by Defendants Hydro-Blok USA LLC, Hydroblok Grand International Inc., Hydroblok Grand International Ltd.. Responses due by 6/24/2022. (Attachments: #1 Proposed Order) (Denkenberger, John) [Transferred from nvd on 3/24/2023.]
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Filing 26
ORDER. IT IS ORDERED that ECF No. #25 is GRANTED. IT IS FURTHER ORDERED that Defendants must respond to Plaintiff's complaint by 7/4/2022.IT IS FURTHER ORDERED that the Clerk's Entry of Default is VACATED, as the parties move to withdraw it. Signed by Magistrate Judge Brenda Weksler on 5/16/2022. (Copies have been distributed pursuant to the NEF - YAW) [Transferred from nvd on 3/24/2023.]
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Filing 25
MOTION to Extend Time (First Request) to Respond re #1 Complaint, by Plaintiff Wedi Corp.. (Becka, Daniel) [Transferred from nvd on 3/24/2023.]
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Filing 24
SUMMONS Returned Executed by Wedi Corp. re #7 Summons Issued. Hydroblok Grand International Inc. served on 4/12/2022. (Becka, Daniel) [Transferred from nvd on 3/24/2023.]
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Filing 23
Clerk's ENTRY OF DEFAULT as to Hydroblok Grand International Ltd. re #15 Motion for Entry of Clerks Default. (YAW) [Transferred from nvd on 3/24/2023.]
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Filing 22
ORDER Granting #20 Verified Petition for Permission to Practice Pro Hac Vice for Attorney John Whitaker for Defendants Hydro-Blok USA LLC, Hydroblok Grand International Inc., Hydroblok Grand International Ltd. and approving Designation of Local Counsel F. Christopher Austin. Signed by District Judge Cristina D. Silva on 5/2/2022. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - YAW) Modified on 5/5/2022 (AF). [Transferred from nvd on 3/24/2023.]
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Filing 21
ORDER Granting #19 Verified Petition for Permission to Practice Pro Hac Vice for Attorney John D. Dekenberger for Defendants Hydro-Blok USA LLC, Hydroblok Grand International Inc., Hydroblok Grand International Ltd. and approving Designation of Local Counsel F. Christopher Austin. Signed by District Judge Cristina D. Silva on 5/2/2022. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - YAW) Modified on 5/5/2022 (AF). [Transferred from nvd on 3/24/2023.]
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Filing 20
MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by John Whitaker and DESIGNATION of Local Counsel F. Christopher Austin (Filing fee $ 250 receipt number ANVDC-6887219) by Defendants Hydro-Blok USA LLC, Hydroblok Grand International Inc., Hydroblok Grand International Ltd.. (Austin, F.) [Transferred from nvd on 3/24/2023.]
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Filing 19
MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by John D. Denkenberger and DESIGNATION of Local Counsel F. Christopher Austin (Filing fee $ 250 receipt number ANVDC-6887212) by Defendants Hydro-Blok USA LLC, Hydroblok Grand International Inc., Hydroblok Grand International Ltd.. (Austin, F.) [Transferred from nvd on 3/24/2023.]
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Filing 18
NOTICE of Appearance by attorney F. Christopher Austin on behalf of Defendants Hydro-Blok USA LLC, Hydroblok Grand International Inc., Hydroblok Grand International Ltd.. (Austin, F.) [Transferred from nvd on 3/24/2023.]
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Filing 17
CLERK'S NOTICE that in order to create a caseload for U.S. District Judge Cristina D. Silva, this case is reassigned to Judge Cristina D. Silva for all further proceedings. All further documents must bear the correct case number 2:22-cv-00457-CDS-BNW. (no image attached) (ABG) [Transferred from nvd on 3/24/2023.]
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Filing 16
DECLARATION of Daniel J. Becka In Support of Request for Default re #15 Motion for Entry of Clerks Default by Plaintiff wedi Corp.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3) (Hyson, Kimberley) [Transferred from nvd on 3/24/2023.]
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Filing 15
MOTION for Entry of Clerk's Default by Plaintiff wedi Corp.. Responses due by 4/27/2022. (Hyson, Kimberley) [Transferred from nvd on 3/24/2023.]
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Filing 14
SUMMONS Returned Executed by wedi Corp. re #7 Summons Issued. Hydroblok Grand International Ltd. served on 3/18/2022. (Hyson, Kimberley) [Transferred from nvd on 3/24/2023.]
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Filing 13
ORDER Granting #10 Verified Petition for Permission to Practice Pro Hac Vice Attorney Daniel J. Becka and approving Designation of Local Counsel Kimberly A. Hyson. Signed by Judge Andrew P. Gordon on 3/15/2022. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - YAW) [Transferred from nvd on 3/24/2023.]
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Filing 12
ORDER Granting #11 Verified Petition for Permission to Practice Pro Hac Vice Attorney Justin C. Kanter and approving Designation of Local Counsel Kimberly A. Hyson. Signed by Judge Andrew P. Gordon on 3/15/2022. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - YAW) [Transferred from nvd on 3/24/2023.]
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Filing 11
MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Justin C. Kanter and DESIGNATION of Local Counsel Kimberly A. Hyson (Filing fee $ 250 receipt number 0978-6828711) by Plaintiff wedi Corp.. (Hyson, Kimberley) [Transferred from nvd on 3/24/2023.]
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Filing 10
MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Daniel J. Becka and DESIGNATION of Local Counsel Kimberly A. Hyson (Filing fee $ 250 receipt number 0978-6828688) by Plaintiff wedi Corp.. (Hyson, Kimberley) [Transferred from nvd on 3/24/2023.]
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Filing 9
AO 120 - REPORT on the filing or determination of an action regarding a patent or trademark. E-mailed to the US Patent and Trademark Office. (Attachments: #1 Complaint) (JQC) [Transferred from nvd on 3/24/2023.]
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Filing 8
NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Daniel J. Becka, Justin C. Kanter to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the Court's website www.nvd.uscourts.gov to register Attorney. Verified Petition due by 3/28/2022. (no image attached) (JQC) [Transferred from nvd on 3/24/2023.]
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Filing 7
SUMMONS ISSUED as to Hydro-Blok USA LLC, Hydroblok Grand International Inc., Hydroblok Grand International Ltd.. (JQC) [Transferred from nvd on 3/24/2023.]
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Filing 6
STANDING ORDER. This case has been assigned to the Honorable Andrew P. Gordon. Judge Gordon's Chambers Practices, which are posted on the U.S. District Court, District of Nevada public website, may also be accessed directly via this hyperlink: #www.nvd.uscourts.gov. (Copies have been distributed pursuant to the NEF - JQC) [Transferred from nvd on 3/24/2023.]
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Filing 5
PROPOSED SUMMONS to be issued Hydro-Blok USA LLC by Plaintiff wedi Corp.. (Hyson, Kimberley) [Transferred from nvd on 3/24/2023.]
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Filing 4
PROPOSED SUMMONS to be issued Hydroblock Grand International Ltd. by Plaintiff wedi Corp.. (Hyson, Kimberley) [Transferred from nvd on 3/24/2023.]
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Filing 3
PROPOSED SUMMONS to be issued Hydroblok Grand International Inc. by Plaintiff wedi Corp.. (Hyson, Kimberley) [Transferred from nvd on 3/24/2023.]
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Filing 2
CERTIFICATE of Interested Parties by wedi Corp. that identifies all parties that have an interest in the outcome of this case. Other Affiliate Wedi GmbH, Other Affiliate ARDEX Group for wedi Corp. added. (Hyson, Kimberley) [Transferred from nvd on 3/24/2023.]
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Filing 1
COMPLAINT against All Defendants (Filing fee $402 receipt number 0978-6828009) by wedi Corp.. Proof of service due by 6/12/2022. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons) (Hyson, Kimberley) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. [Transferred from nvd on 3/24/2023.]
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Case randomly assigned to Judge Andrew P. Gordon and Magistrate Judge Brenda Weksler. (JQC) [Transferred from nvd on 3/24/2023.]
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