This case was last updated from PACER on 02/25/2020 at 18:27:32 (UTC).

Diamondback Industries, Inc. v. Repeat Precision, LLC et al

Case Summary

On 11/02/2018 Diamondback Industries, Inc filed an Other lawsuit against Repeat Precision, LLC. This case was filed in U.S. District Courts, Texas Northern District. The Judge overseeing this case is John McBryde. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    4:18-CV-00902

  • Filing Date:

    11/02/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other

Judge Details

Presiding Judge

John McBryde

 

Party Details

Plaintiffs

diamondback Industries

Diamondback Industries, Inc.

Defendants

Robert Nipper

NCS Multistage, LLC

Kingdom Downhole, Tools, LLC

Justice Baker

Gary Martin

Trea Baker

Repeat Precision, LLC

Grant Martin

NCS Multistage Holdings, Inc.

Trea H. Baker

RJ Machine Company, Inc.

Kingdom Downhole Tools, LLC

Attorney/Law Firm Details

Plaintiff Attorneys

Decker A Cammack

Attorney at Whitaker Chalk Swindle & Schwartz PLLC

301 Commerce Street, Suite 3500

Fort Worth, TX 76102

Mack Ed Swindle

Attorney at Whitaker Chalk Swindle & Schwartz PLLC

301 Commerce St, Suite 3500

Fort Worth, TX 76102-4186

Brian J Smith

Attorney at Whitaker, Chalk, Swindle & Schwartz

301 Commerce Street, Suite 3500

Fort Worth, TX 76102

David A Skeels

Attorney at Whitaker Chalk Swindle & Schwartz PLLC

301 Commerce Street, Suite 3500

Fort Worth, TX 76102

J Mitchell Little

2600 Network Blvd, Suite 400

Frisco, TX 75034

Defendant Attorneys

Timothy S Durst

Attorney at Baker Botts LLP

2001 Ross Avenue, Suite 600

Dallas, TX 75201-2980

Paul R Morico

Attorney at Baker Botts LLP

One Shell Plaza, 910 Louisiana Street, Suite 3000

Houston, TX 77002

Nichole Marie Plagens

Attorney at Munck Wilson Mandala, LLP

12770 Coit Rd., Ste. 600

Dallas, TX 75206

Kelly P Chen

Attorney at Munck Wilson Mandala LLP

12770 Coit Road, Suite 600

Dallas, TX 75251

William A Munck

Attorney at Munck Wilson Mandala LLP

12770 Coit Road, Suite 600

Dallas, TX 75251

Michael A McCabe

Attorney at Munck Wilson Mandala LLP

600 Banner Place, 12770 Coit Rd

Dallas, TX 75251

 

Court Documents

#92

#91

#90

#89

#88

#87

#86

#85

#65

5 #4

Summons

5 #3

Summons

5 #1

Summons

#4

#3

#2

1 #2

Cover Sheet

1 #1

Exhibit(s)

#1

87 More Documents Available

 

Docket Entries

  • 02/21/2020
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  • Docket(#92) ORDER: by 4pm Feb 28 2020, each party bearing the burden of proof as to a claim or defense file either a document making the expert disclosures contemplated by Rule 26(a)(2) or a document stating that such party will not rely on expert testimony at trial, and that by such date, such parties serve on the opposing parties the disclosures and reports...further ordered...that the parties not bearing the burden of proof on a claim or defense, is granted an extension of time until March 30 2020 to file with the court either a document making the expert disclosures contemplated by Rule 26(a)(2) or a document stating that such party will not rely on expert testimony at trial, and that by such date, such parties serve on the opposing parties the disclosures and reports. (Ordered by Senior Judge John McBryde on 2/21/2020) (wrb) (Entered: 02/21/2020)

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  • 12/02/2019
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  • Docket(#91) ANSWER and Affirmative Defenses to Plaintiff's #65 First Amended Complaint,, filed by Justice Baker, Trea H. Baker, Kingdom Downhole Tools, LLC. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (wrb) (Entered: 12/02/2019)

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  • 12/02/2019
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  • Docket(#90) NOTICE of Attorney Appearance by William A Munck on behalf of Justice Baker, Trea H. Baker, Kingdom Downhole Tools, LLC. (wrb) (Entered: 12/02/2019)

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  • 11/22/2019
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  • Docket(#89) FINAL JUDGMENT AS TO CERTAIN CLAIM: In accordance with the notice of voluntary dismissal filed by plaintiff, Diamondback Industries, Inc., The court ORDERS, ADJUDGES, and DECREES that plaintiff's claim of patent infringement (Count V) against defendants, Kingdom Downhole Tools, LLC, Trea H. Baker, and Justice Baker, as stated in plaintiff's first amended complaint, be, and is hereby, dismissed without prejudice pursuant Rule 41 (a) (1) (A) (i) of the Federal Rules of Civil Procedure. (Ordered by Senior Judge John McBryde on 11/22/2019) (npk) (Entered: 11/22/2019)

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  • 11/22/2019
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  • Docket(#88) NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE filed by Diamondback Industries, Inc. (tln) (Entered: 11/22/2019)

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  • 11/21/2019
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  • Docket(#87) ORDER granting #86 Motion for Extension of Time to File Answer Justice Baker answer due 12/2/2019; Trea H. Baker answer due 12/2/2019; Kingdom Downhole Tools, LLC answer due 12/2/2019....Defendants' deadline to answer Plaintiff's Amended Complaint is Dec 2 2019 and the Parties deadline to file opening claim construction beliefs is Nov 27 2019. (Ordered by Senior Judge John McBryde on 11/21/2019) (wrb) (Entered: 11/21/2019)

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  • 11/20/2019
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  • Docket(#86) Joint Motion for Defendants' Extension of Time to Answer Plaintiff's Amended Complaint and Joint Motion to Extend the Parties' Deadline to File Opening Claim Construction Brief s filed by Justice Baker, Trea H. Baker, Diamondback Industries, Inc., Kingdom Downhole Tools, LLC (wrb) (Entered: 11/21/2019)

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  • 11/12/2019
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  • Docket(#85) ORDER: By 4pm Aug 28 2020, each party shall file with the clerk a list of each recording such party might use in the trial. See order for specifics. (Ordered by Senior Judge John McBryde on 11/12/2019) (wrb) (Entered: 11/12/2019)

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  • 11/07/2019
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  • Docket(#84) Parties' NOTICE of Meet and Confer and Patent Terms to be Construed by the Court filed by Justice Baker, Trea H. Baker, Diamondback Industries, Inc., Kingdom Downhole Tools, LLC (wrb) (Entered: 11/07/2019)

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  • 11/07/2019
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  • Docket(#83) Memorandum Opinion and Order denying #69 Dismiss for Failure to State a Claim filed by Justice Baker, Trea H. Baker, Kingdom Downhole Tools, LLC re: #69 Motion to Dismiss for Failure to State a Claim (Ordered by Senior Judge John McBryde on 11/7/2019) (wrb) (Entered: 11/07/2019)

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71 More Docket Entries
  • 11/14/2018
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  • (#10) ORDER granting #8 Motion for Leave to File..the deft's motion to file appendix under seal granted and the documents attached to said motion shall be filed under seal. (Ordered by Senior Judge John McBryde on 11/14/2018) (wrb) (Entered: 11/14/2018)

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  • 11/13/2018
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  • (#9) Original Complaint received pursuant to Standing Order re: #1 Complaint filed by Diamondback Industries, Inc. (wrb) (Entered: 11/14/2018)

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  • 11/13/2018
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  • (#8) MOTION for Leave to File Sealed Appendix to Original Complaint, Including Exhibits 5,11,15,17 and 24 of the Appendix to the Original Complaint under Seal filed by Diamondback Industries, Inc. (wrb) (Entered: 11/14/2018)

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  • 11/08/2018
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  • (#7) ORDER: The court ORDERS that by November 15, 2018, plaintiff comply with the court's standing order. Failure to comply may result in the dismissal of plaintiff's claims without further notice. The court further ORDERS that plaintiff's aforementioned motion #6 be, and is hereby, denied. Plaintiff may retrieve the original and copy of the 416-page appendix from the Clerk by 4:00 p.m. on November 15, 2018. Otherwise, the Clerk may dispose of it. (Ordered by Senior Judge John McBryde on 11/8/2018) (edm) (Entered: 11/08/2018)

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  • 11/05/2018
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  • (#6) (Document Restricted) Sealed Motion to File Sealed Appendix filed by Diamondback Industries, Inc. (bdb) (Entered: 11/05/2018)

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  • 11/05/2018
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  • (#5) Summons Issued as to All Defendants. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons) (bdb) (Entered: 11/05/2018)

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  • 11/02/2018
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  • (#4) Standing ORDER Concerning Paper Filing in Cases Assigned to District Judge John McBryde...see order for specifics. (Ordered by Senior Judge John McBryde on 11/2/2018) (bdb) (Entered: 11/05/2018)

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  • 11/02/2018
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  • (#3) New Case Notes: A filing fee has been paid. File to Judge McBryde. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (bdb) (Entered: 11/05/2018)

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  • 11/02/2018
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  • (#2) CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by diamondback Industries. (Cammack, Decker) (Entered: 11/02/2018)

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  • 11/02/2018
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  • (#1) COMPLAINT against All Defendants filed by diamondback Industries. (Filing fee $400; Receipt number 0539-9561347) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s), #2 Cover Sheet) (Cammack, Decker) (Entered: 11/02/2018)

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