Minnesota District Court
Judge:Patrick J Schiltz
Referred: Dulce J Foster
Case #: 0:24-cv-02163
Nature of Suit830 Property Rights - Patent
Cause35:271 Patent Infringement
Case Filed:Jun 05, 2024
Last checked: Monday Dec 02, 2024 2:23 AM CST
Counter Claimant
Daniels Sharpsmart, Inc.
Represented By
Michael T. Piery
Quarles & Brady LLP
contact info
Johanna M. Wilbert
Quarles & Brady LLP
contact info
Eric Van Schyndle
Quarles & Brady LLP
contact info
Counter Claimant
Verde Environmental Technologies, Inc.
Represented By
Brooks F Poley
Winthrop & Weinstine, PA
contact info
Brent A Lorentz
Winthrop & Weinstine, PA
contact info
Michael Anthony Gale-Butto
Winthrop & Weinstine, P.A.
contact info
Counter Defendant
Daniels Sharpsmart, Inc.
Represented By
Michael T. Piery
Quarles & Brady LLP
contact info
Johanna M. Wilbert
Quarles & Brady LLP
contact info
Eric Van Schyndle
Quarles & Brady LLP
contact info
Counter Defendant
Verde Environmental Technologies, Inc.
Represented By
Brooks F Poley
Winthrop & Weinstine, PA
contact info
Brent A Lorentz
Winthrop & Weinstine, PA
contact info
Michael Anthony Gale-Butto
Winthrop & Weinstine, P.A.
contact info
Defendant
Daniels Sharpsmart, Inc.
Represented By
Michael T. Piery
Quarles & Brady LLP
contact info
Johanna M. Wilbert
Quarles & Brady LLP
contact info
Eric Van Schyndle
Quarles & Brady LLP
contact info
Plaintiff
Verde Environmental Technologies, Inc.
Represented By
Brooks F Poley
Winthrop & Weinstine, PA
contact info
Brent A Lorentz
Winthrop & Weinstine, PA
contact info
Michael Anthony Gale-Butto
Winthrop & Weinstine, P.A.
contact info

GPO Oct 24 2024
PROTECTIVE ORDER: See Order for details. (Written Opinion) Signed by Magistrate Judge Dulce J. Foster on 10/24/2024. (DCC)

Docket last updated: 03/18/2025 11:59 PM CDT
Tuesday, January 07, 2025
47 47 order Order on Motion for Admission Pro Hac Vice Tue 01/07 10:34 AM
(Text-Only) ORDER granting46 Motion for Admission Pro Hac Vice of Attorney Nathan Oesch for Daniels Sharpsmart, Inc. Approved by Magistrate Judge Dulce J. Foster on 1/7/2025. (MJS)
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Thursday, January 02, 2025
46 46 2 pgs motion Pro Hac Vice Thu 01/02 3:00 PM
MOTION for Admission Pro Hac Vice for Attorney Nathan J. Oesch. Filing fee $ 150, receipt number AMNDC-11573025 filed by Daniels Sharpsmart, Inc.. (Van Schyndle, Eric)
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45 45 notice Notice of Appearance Thu 01/02 9:37 AM
NOTICE of Appearance by Robert Grimsley on behalf of Verde Environmental Technologies, Inc.. (Grimsley, Robert)
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Thursday, October 24, 2024
44 44 8 pgs order Order on Stipulation Thu 10/24 10:58 AM
ORDER ON ESI PROTOCOL: See Order for details. Signed by Magistrate Judge Dulce J. Foster on 10/24/2024. (DCC)
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43 43 7 pgs order Protective Order Thu 10/24 10:53 AM
PROTECTIVE ORDER: See Order for details. (Written Opinion) Signed by Magistrate Judge Dulce J. Foster on 10/24/2024. (DCC)
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Tuesday, October 22, 2024
42 42 misc Stipulation Tue 10/22 10:43 AM
STIPULATION Regarding Proposal on ESI Protocol by Verde Environmental Technologies, Inc.. Jointly Signed by Daniels Sharpsmart, Inc.. (Lorentz, Brent)
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41 41 misc Proposed Order to Judge re Stipulation Tue 10/22 10:34 AM
PROPOSED ORDER TO JUDGE re40 Stipulation. (Lorentz, Brent)
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40 40 7 pgs misc Stipulation Tue 10/22 10:33 AM
STIPULATION for Protective Order by Verde Environmental Technologies, Inc.. Jointly Signed by Daniels Sharpsmart, Inc.. (Lorentz, Brent)
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Tuesday, October 08, 2024
39 39 10 pgs order Scheduling Order Tue 10/08 1:06 PM
PRETRIAL SCHEDULING ORDER (PHASE I): Amended Pleadings due by 11/15/2024. Phase I Fact Discovery due by 3/28/2025. Expert Discovery due by 5/9/2025. Joinder of Parties due by 11/1/2024. Motions (non-disp) due 4/11/2025. Phase I Motions (disp) due by 8/8/2025. If this case is not otherwise resolved, the parties shall file a joint letter within seven days after Chief Judge Schiltz issues a decision on Phase I dispositive motions. SEE ORDER FOR FURTHER DETAILS. Counsel are directed to meet and confer regarding settlement on or before April 4, 2025 . Following the meet-and-confer, each party must submit a 1-2 page confidential letter describing the settlement discussions that have taken place, whether and when the party believes a settlement conference or private mediation might be most productive, and what additional discovery or motion practice might be needed to maximize the chances of reaching a settlement in such a conference. Each party's confidential letter must be submitted by email to Judge Foster at foster_chambers@mnd.uscourts.gov by April 11, 2025 . Signed by Magistrate Judge Dulce J. Foster on 10/8/2024.(LNP)
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Att: 1 E-Discovery Checklist,
Att: 2 Judge Foster's Practice Pointers
38 38 minutes Pretrial Conference - Initial Tue 10/08 12:39 PM
(Text-Only) MINUTE ENTRY for proceedings held before Magistrate Judge Dulce J. Foster on 10/8/2024: Pretrial Scheduling Conference. Digital Recording Minneapolis Courthouse, Courtroom Video Conference Time: 11:30 AM - 12:11 PM Total Time: 41 Minutes APPEARANCES: For Plaintiff: Brent A. Lorentz For Defendant: Eric Van Schyndle, Johanna W. Wilbert PROCEEDINGS: Discussion of Pretrial Deadlines and Settlement. Pretrial Scheduling Order to be issued. (LNP)
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Wednesday, October 02, 2024
37 37 7 pgs answer Reply to Counterclaim Wed 10/02 4:23 PM
Plaintiff's REPLY to Counterclaim , COUNTERCLAIM against Daniels Sharpsmart, Inc.. filed by Verde Environmental Technologies, Inc.. (Lorentz, Brent)
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Tuesday, October 01, 2024
36 36 7 pgs misc Rule 26(f) Report Tue 10/01 1:53 PM
REPORT of Rule 26(f) Planning Meeting. Filed by Verde Environmental Technologies, Inc.. Jointly Signed by Daniels Sharpsmart, Inc.. (Lorentz, Brent)
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Wednesday, September 11, 2024
35 35 20 pgs answer Answer to Complaint Counterclaim Wed 09/11 5:17 PM
ANSWER to Complaint Affirmative Defenses and , COUNTERCLAIM against Verde Environmental Technologies, Inc.. filed by Daniels Sharpsmart, Inc.. (Van Schyndle, Eric)
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Att: 1 3 pgs Exhibit(s) A - April 24, 2024 Letter,
Att: 2 12 pgs Exhibit(s) B - Covenant Not to Sue
Monday, September 09, 2024
34 34 order Order/Notice of Hearing/Deadlines (Setting/Resetting) Mon 09/09 11:14 AM
(Text-Only) ORDER/NOTICE OF RESCHEDULING (TIME CHANGE): Due to a change in the Court's calendar, the starting time of the Pretrial Scheduling Conference, currently set for 10:30 AM on 10/8/2024, is being changed. The Pretrial Scheduling Conference will now be conducted by the undersigned at 11:30 AM on 10/8/2024 by Zoom video (no courtroom). Rule 26 Meeting Report and Confidential Letters due by 10/1/2024. Zoom instructions will be provided a few days prior to the conference. Ordered by Magistrate Judge Dulce J. Foster on 9/9/2024.(LNP)
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Wednesday, August 28, 2024
33 33 order Order/Notice of Hearing/Deadlines (Setting/Resetting) Wed 08/28 3:56 PM
ORDER SETTING PRETRIAL SCHEDULING CONFERENCE: Rule 26 Meeting Report and Confidential Letters due by 10/1/2024 . Pretrial Scheduling Conference set for 10/8/2024 at 10:30 AM by Zoom video (no courtroom) before Magistrate Judge Dulce J. Foster. SEE ORDER FOR FURTHER DETAILS. Signed by Magistrate Judge Dulce J. Foster on 8/28/2024.(LNP)
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Att: 1 Rule 26(f) Report Template,
Att: 2 Consent Form
32 32 minutes Motion Hearing Wed 08/28 11:39 AM
(Text-Only) MINUTE ENTRY for proceedings held before Chief Judge Patrick J. Schiltz on 8/28/2024: Motion Hearing. Court Reporter: Maria Weinbeck Minneapolis Courthouse, Courtroom 15E Time: 8:28 AM/8:53 AM Total Time: 25 Minutes APPEARANCES: For Plaintiff: Brent Lorentz For Defendant: Michael Piery, Eric Van Schyndle PROCEEDINGS: Hearing on: 13 MOTION to Dismiss/General filed by Daniels Sharpsmart, Inc. Written order issued. (CLG)
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31 31 2 pgs order Order on Motion to Dismiss/General Wed 08/28 11:36 AM
ORDER denying13 Motion to Dismiss. Signed by Chief Judge Patrick J. Schiltz on 8/28/2024. (CLG)
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30 30 notice Notice to Attorney - Case Reassigned Wed 08/28 10:51 AM
(Text-Only) CLERK'S NOTICE OF REASSIGNMENT. This case is reassigned to Magistrate Judge Dulce J. Foster. Magistrate Judge Tony N. Leung no longer assigned to the case. NOTE: the new case number is 24-cv-2163 PJS/DJF . Please use this case number for all subsequent pleadings. (LJG)
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Friday, August 02, 2024
29 29 3 pgs misc Declaration Fri 08/02 4:35 PM
Supplemental DECLARATION of Dean McPhee re28 Reply by Daniels Sharpsmart, Inc. .(Van Schyndle, Eric)
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Att: 1 Exhibit(s) Ex. A - Part 1-C2R - Stock Purchase Agreement Executed - Redacted,
Att: 2 Exhibit(s) Ex. A - Part 2-C2R Stock Purchase Agreement Executed Redacted,
Att: 3 Exhibit(s) Ex. A - Part 3-C2R Stock Purchase Agreement Executed Redacted,
Att: 4 Exhibit(s) Ex. A - Part 4-C2R Stock Purchase Agreement Executed Redacted,
Att: 5 Exhibit(s) Ex. B - Daniels Sharpsmart Distr Agreement Redacted,
Att: 6 Exhibit(s) Ex. C - Purchase Order Redacted,
Att: 7 Exhibit(s) Ex. D - Bank Account Records - Redacted
28 28 19 pgs respm Reply Fri 08/02 4:28 PM
REPLY re13 MOTION to Dismiss/General filed by Daniels Sharpsmart, Inc..(Van Schyndle, Eric)
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Friday, July 19, 2024
27 27 respm Declaration in Opposition to Motion Fri 07/19 3:36 PM
DECLARATION of Brent A. Lorentz in Opposition to13 MOTION to Dismiss/General filed by Verde Environmental Technologies, Inc..(Lorentz, Brent)
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Att: 1 Exhibit(s) A-F
26 26 21 pgs respm Memorandum in Opposition to Motion Fri 07/19 3:34 PM
MEMORANDUM in Opposition re13 MOTION to Dismiss/General filed by Verde Environmental Technologies, Inc..(Lorentz, Brent)
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Att: 1 LR7.1/LR72.2 Word Count Compliance Certificate
Wednesday, July 03, 2024
25 25 order Order on Motion for Admission Pro Hac Vice Wed 07/03 12:08 PM
(Text-Only) ORDER granting23 Motion for Admission Pro Hac Vice of Attorney Johanna M. Wilbert for Daniels Sharpsmart, Inc.; granting24 Motion for Admission Pro Hac Vice of Michael T. Piery for Daniels Sharpsmart, Inc. Approved by Magistrate Judge Tony N. Leung on 7/3/2024. (KMO)
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Tuesday, July 02, 2024
24 24 motion Pro Hac Vice Tue 07/02 10:39 AM
MOTION for Admission Pro Hac Vice for Attorney Michael Piery. Filing fee $ 100, receipt number AMNDC-11169610 filed by Daniels Sharpsmart, Inc..(Van Schyndle, Eric)
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Att: 1 Motion for Non-Resident to Serve as Local Counsel
23 23 2 pgs motion Pro Hac Vice Tue 07/02 10:32 AM
MOTION for Admission Pro Hac Vice for Attorney Johanna Wilbert. Filing fee $ 100, receipt number AMNDC-11169556 filed by Daniels Sharpsmart, Inc..(Van Schyndle, Eric)
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Att: 1 Motion for Non-Resident to Serve as Local Counsel
22 22 order Order/Notice to Attorney Tue 07/02 8:35 AM
TEXT ONLY ORDER: Due to the pending Motion to Dismiss13 , the Court finds there is good cause to delay the entry of a pretrial scheduling order. Within 30 days of the motion being decided, the parties shall contact the chambers of Magistrate Judge Tony Leung, by e-mail, for the purpose of scheduling the pretrial conference. Ordered by Magistrate Judge Tony N. Leung on 7/2/2024. (HAM)
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Monday, July 01, 2024
21 21 notice Notice of Hearing on Motion Mon 07/01 10:54 AM
(Text-Only) NOTICE OF HEARING ON MOTION13 MOTION to Dismiss/General : Motion Hearing set for 8/28/2024 at 08:30 AM in Courtroom 15 (MPLS) before Chief Judge Patrick J. Schiltz. (CLG)
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Friday, June 28, 2024
20 20 1 pgs discov Rule 7.1 - Disclosure Statement Fri 06/28 5:10 PM
RULE 7.1 DISCLOSURE STATEMENT. There is no parent corporation, publicly held corporation owning 10 percent or more of its stock, or any subsidiaries to report for Daniels Sharpsmart, Inc.. (Van Schyndle, Eric)
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19 19 misc Meet and Confer Statement Fri 06/28 3:55 PM
MEET and CONFER STATEMENT re13 Motion to Dismiss/General filed by Daniels Sharpsmart, Inc..(Van Schyndle, Eric)
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18 18 respm Proposed Order to Judge re Motion Fri 06/28 3:32 PM
PROPOSED ORDER TO JUDGE re13 MOTION to Dismiss/General filed by Daniels Sharpsmart, Inc..(Van Schyndle, Eric)
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17 17 3 pgs respm Declaration in Support of Motion Fri 06/28 3:29 PM
Declaration of Eric Van Schyndle in Support of13 MOTION to Dismiss/General filed by Daniels Sharpsmart, Inc..(Van Schyndle, Eric)
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Att: 1 Exhibit(s) A - Covenant Not to Sue,
Att: 2 Exhibit(s) B - ED WI Civil Suits Pending Past Five Years,
Att: 3 Exhibit(s) C - District of MN Civil Suits Past Five Years,
Att: 4 Errata D - Secure a Drug FAQ
16 16 7 pgs respm Declaration in Support of Motion Fri 06/28 3:19 PM
Declaration of Dean McPhee in Support of13 MOTION to Dismiss/General filed by Daniels Sharpsmart, Inc..(Van Schyndle, Eric)
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15 15 23 pgs respm Memorandum in Support of Motion Fri 06/28 3:17 PM
MEMORANDUM in Support re13 MOTION to Dismiss/General or in the Alternative, Motion to Transfer filed by Daniels Sharpsmart, Inc..(Van Schyndle, Eric)
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Att: 1 LR7.1/LR72.2 Word Count Compliance Certificate
14 14 notice Notice of Hearing on Motion Fri 06/28 2:45 PM
NOTICE OF HEARING ON MOTION13 MOTION to Dismiss/General : Date and time to be determined. (Van Schyndle, Eric)
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13 13 2 pgs motion Dismiss/General Fri 06/28 2:43 PM
MOTION to Dismiss/General filed by Daniels Sharpsmart, Inc.. (Van Schyndle, Eric)
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Thursday, June 27, 2024
12 12 notice Notice re: Non-Admitted Attorney Thu 06/27 12:07 PM
(Text-Only) Notice re: Non-Admitted Attorney We have received documents listing Johanna Wilbert and Michael T. Piery as counsel of record. If he or she wishes to be listed as an attorney of record in this case, he or she must be admitted to the bar of the U.S. District Court of Minnesota in accordance with [LINK:Local Rule 83.5 (a), (b) and (c)] or temporarily admitted pro hac vice in accordance with [LINK:Local Rule 83.5 (d) or (e)] . For more admissions information and forms, please see the Attorney Forms Section of the courts website at [LINK:www.mnd.uscourts.gov/forms/all-forms] [LINK:. (MMP)
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11 11 notice Notice of Appearance Thu 06/27 10:42 AM
NOTICE of Appearance by Eric Van Schyndle on behalf of Daniels Sharpsmart, Inc.. (Van Schyndle, Eric)
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Friday, June 07, 2024
10 10 3 pgs service Summons Returned Executed Fri 06/07 2:48 PM
SUMMONS Returned Executed by Verde Environmental Technologies, Inc.. Daniels Sharpsmart, Inc. served on 6/7/2024, answer due 6/28/2024. (Lorentz, Brent)
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Thursday, June 06, 2024
9 9 notice Notice of Appearance Thu 06/06 12:00 PM
NOTICE of Appearance by Michael Anthony Gale-Butto on behalf of Verde Environmental Technologies, Inc.. (Gale-Butto, Michael)
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8 8 1 pgs misc Report on Filing of Patent/Trademark Action (AO 120) Thu 06/06 11:37 AM
REPORT ON FILING OF PATENT/TRADEMARK ACTION (AO 120)(USPTO noticed with filing). (Lorentz, Brent)
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7 7 2 pgs service Summons Issued Thu 06/06 10:41 AM
Summons Issued as to Daniels Sharpsmart, Inc. (MMP)
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6 6 notice Notice of Initial Case Assignment Thu 06/06 10:40 AM
(Text-Only) CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Chief Judge Patrick J. Schiltz per 3rd/4th Patent list, referred to Magistrate Judge Tony N. Leung. Please use case number 24-cv-2163 (PJS/TNL). Notice: All Nongovernmental Corporate Parties must file a Rule 7.1 Corporate Disclosure Statement. (MMP)
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5 5 2 pgs discov Rule 7.1 - Disclosure Statement Thu 06/06 10:26 AM
RULE 7.1 DISCLOSURE STATEMENT. There is no parent corporation, publicly held corporation owning 10 percent or more of its stock, or any subsidiaries to report for Verde Environmental Technologies, Inc.. (Lorentz, Brent)
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4 4 notice Notice of Appearance Thu 06/06 8:52 AM
NOTICE of Appearance by Brooks F Poley on behalf of Verde Environmental Technologies, Inc.. (Poley, Brooks)
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Wednesday, June 05, 2024
3 3 notice Notice of Appearance Wed 06/05 3:39 PM
DOCUMENT FILED IN ERROR PER HD CALL. NOTICE of Appearance by Brent A Lorentz on behalf of Verde Environmental Technologies, Inc.. (Lorentz, Brent) Modified text on 6/5/2024 (MMG)
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2 2 notice Notice of Appearance Wed 06/05 3:37 PM
NOTICE of Appearance by Brent A Lorentz on behalf of Verde Environmental Technologies, Inc.. (Lorentz, Brent)
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1 1 9 pgs cmp Complaint Wed 06/05 3:35 PM
COMPLAINT against Daniels Sharpsmart, Inc. (filing fee $ 405, receipt number AMNDC-11096830) filed by Verde Environmental Technologies, Inc.. Filer requests summons issued. (Lorentz, Brent)
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Att: 1 Exhibit(s) A-D,
Att: 2 Civil Cover Sheet