This case was last updated from U.S. District Courts on 11/02/2021 at 08:06:30 (UTC).

NexTech Materials, Ltd. v. Proof Energy Inc.

Case Summary

On 09/03/2021 NexTech Materials, Ltd filed a Contract - Other Contract lawsuit against Proof Energy Inc. This case was filed in U.S. District Courts, Ohio Southern District. The Judges overseeing this case are Sarah D. Morrison and Elizabeth Preston Deavers. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-04337

  • Filing Date:

    09/03/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

Judge Details

Presiding Judge

Sarah D. Morrison

Referral Judge

Elizabeth Preston Deavers

 

Party Details

Plaintiffs

NexTech Materials, Ltd. d.b.a. Nexceris

NexTech Materials, Ltd. doing business as Nexceris

Counter Claimants and Defendants

Proof Energy Inc.

Cogency Global, Inc.

Counter Defendant

NexTech Materials, Ltd.

Attorney/Law Firm Details

Plaintiff and Counter Defendant Attorneys

Matthew Steven Brown

Attorney at Carlile Patchen & Murphy LLP

950 Goodale Boulevard, Suite 200

Columbus, OH 43212

Brett A. Miller

Attorney at Weston, Hurd, Curley, Patterson and Bush LLP

Suite 1750, 88 E. Broad St.

Columbus, OH 43215-3506

Counter Claimant and Defendant Attorneys

John L Landolfi

Attorney at Vorys Sater Seymour & Pease - 2

Po Box 1008, 52 E Gay Street

Columbus, OH 43216-1008

Angela Ellen Dralle

Attorney at Dorsey & Whitney LLP

801 Grand Ave., Suite 4100

Des Moines, IA 50309

Christopher A. LaRocco

52 East Gay Street, P.O. Box 1008

Columbus, OH 43216-1008

Kent Jeffrey Schmidt

Attorney at Dorsey & Whitney LLP

600 Anton Boulevard, Suite 2000

Costa Mesa, CA 92626

 

Court Documents

#24

(#24) ANSWER to #8 Counterclaim filed by NexTech Materials, Ltd. (Brown, Matthew) Modified text on 10/26/2021 (kk2) (Entered: 10/25/2021)

#23

(#23) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re Defendant's Counterclaim Count III by Plaintiff NexTech Materials, Ltd. (Brown, Matthew) (Entered: 10/25/2021)

#22

(#22) PRELIMINARY PRETRIAL ORDER: Joinder of Parties due by 2/21/2022. Motions to Amend due by 2/21/2022. Initial Disclosures due by 12/1/2021. Discovery due by 5/27/2022. Clawback Agreement Deadline due by 12/1/2021. Dispositive motions due by 7/27/2022. Primary Expert due by 3/21/2022. Rebuttal Expert due by 4/21/2022. Mediation Deadline: 6/1/2022. Signed by Magistrate Judge Elizabeth Preston Deavers on October 21, 2021. (jlk) (Entered: 10/21/2021)

#20

(#20) RULE 26(f) REPORT by Plaintiff NexTech Materials, Ltd. & Defendant Proof Energy Inc. (Brown, Matthew) Modified parties on 10/13/2021 (kk2) (Entered: 10/12/2021)

#19

(#19) **SEE 10/11/2021 CORRECTIVE ENTRY** - MOTION for Extension of Time to File Response/Reply as to #8 Answer to Complaint, Counterclaim New date requested 10/25/2021. to Counterclaim by Plaintiff NexTech Materials, Ltd., Counter Defendant NexTech Materials, Ltd. (Brown, Matthew) Modified on 10/12/2021 (kk2) (Entered: 10/11/2021)

#17

(#17) Supplemental Memorandum Supporting #12 Motion for Leave to Appear Pro Hac Vice by Defendant Proof Energy Inc. (LaRocco, Christopher) Modified on 10/5/2021 to add document link (kk2) (Entered: 10/04/2021)

12 #1

Certificate of Good Standing

12 #12

Main Document

#9

(#9) Corporate Disclosure Statement by Plaintiff and Counter Claimant Proof Energy Inc. (LaRocco, Christopher) Modified text on 9/21/2021 (kk2) (Entered: 09/20/2021)

#8

(#19) **SEE 10/11/2021 CORRECTIVE ENTRY** - MOTION for Extension of Time to File Response/Reply as to #8 Answer to Complaint, Counterclaim New date requested 10/25/2021. to Counterclaim by Plaintiff NexTech Materials, Ltd., Counter Defendant NexTech Materials, Ltd. (Brown, Matthew) Modified on 10/12/2021 (kk2) (Entered: 10/11/2021)

#7

(#7) Certified Mail receipt received for service on Proof Energy, Inc. c/o Vlad Kalika - service docs NOT mailed by the Clerk's Office as required by Local Civil Rule 4.2 (kk2) (Entered: 09/20/2021)

#6

(#6) Summons Issued as to Proof Energy Inc. c/o Cogency Global Inc, Statutory Agent (kk2) (Entered: 09/07/2021)

#5

(#5) Summons Issued as to Proof Energy Inc. c/o Vlad Kalika (kk2) (Entered: 09/07/2021)

#4

#3

#2

1 #1

Civil Cover Sheet Civil Cover Sheet

1 #1

Main Document

14 More Documents Available

 

Docket Entries

  • 10/25/2021
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  • Docket(#24) ANSWER to #8 Counterclaim filed by NexTech Materials, Ltd. (Brown, Matthew) Modified text on 10/26/2021 (kk2) (Entered: 10/25/2021)

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  • 10/25/2021
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  • Docket(#23) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re Defendant's Counterclaim Count III by Plaintiff NexTech Materials, Ltd. (Brown, Matthew) (Entered: 10/25/2021)

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  • 10/21/2021
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  • Docket(#22) PRELIMINARY PRETRIAL ORDER: Joinder of Parties due by 2/21/2022. Motions to Amend due by 2/21/2022. Initial Disclosures due by 12/1/2021. Discovery due by 5/27/2022. Clawback Agreement Deadline due by 12/1/2021. Dispositive motions due by 7/27/2022. Primary Expert due by 3/21/2022. Rebuttal Expert due by 4/21/2022. Mediation Deadline: 6/1/2022. Signed by Magistrate Judge Elizabeth Preston Deavers on October 21, 2021. (jlk) (Entered: 10/21/2021)

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  • 10/18/2021
  • Docket(#21) NOTATION ORDER re 10 Notice of Telephone Conference: The Preliminary Pretrial Conference set for 10/19/2021 @ 10:30 AM before Magistrate Judge Elizabeth Preston Deavers is hereby VACATED. Signed by Magistrate Judge Elizabeth Preston Deavers on October 18, 2021. (jlk) (Entered: 10/18/2021)

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  • 10/12/2021
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  • Docket(#20) RULE 26(f) REPORT by Plaintiff NexTech Materials, Ltd. & Defendant Proof Energy Inc. (Brown, Matthew) Modified parties on 10/13/2021 (kk2) (Entered: 10/12/2021)

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  • 10/12/2021
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  • DocketSet/Reset Deadlines: NexTech Materials, Ltd. answer to counterclaim due 10/25/2021 per #19 (Stipulation) (kk2) (Entered: 10/12/2021)

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  • 10/11/2021
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  • DocketSTIPULATION for Extension of Time to Respond re #8 Counterclaim by Counter Defendant NexTech Materials, Ltd. & Counter Claimant Proof Energy Inc.SEE DOCKET #19 FOR DOCUMENT. This entry is being created to utilize the correct filing event, "Stipulation," which can be found in the "Other Documents" section of CM/ECF (kk2) (Entered: 10/12/2021)

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  • 10/11/2021
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  • Docket(#19) **SEE 10/11/2021 CORRECTIVE ENTRY** - MOTION for Extension of Time to File Response/Reply as to #8 Answer to Complaint, Counterclaim New date requested 10/25/2021. to Counterclaim by Plaintiff NexTech Materials, Ltd., Counter Defendant NexTech Materials, Ltd. (Brown, Matthew) Modified on 10/12/2021 (kk2) (Entered: 10/11/2021)

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  • 10/05/2021
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  • Docket(#18) NOTATION ORDER granting #12 Motion for Leave to Appear Pro Hac Vice of Kent Schmidt as co-counsel. Co-counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Magistrate Judge Elizabeth Preston Deavers on 10/5/2021. (kk2) (Entered: 10/05/2021)

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  • 10/04/2021
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  • Docket(#17) Supplemental Memorandum Supporting #12 Motion for Leave to Appear Pro Hac Vice by Defendant Proof Energy Inc. (LaRocco, Christopher) Modified on 10/5/2021 to add document link (kk2) (Entered: 10/04/2021)

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5 More Docket Entries
  • 09/21/2021
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  • Docket(#11) Notice of Pro Hac Vice Rules as to Attorneys Kent Schmidt and Angela E Dralle by Clerk of Southern District of Ohio (kk2) (Entered: 09/21/2021)

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  • 09/20/2021
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  • Docket(#9) Corporate Disclosure Statement by Plaintiff and Counter Claimant Proof Energy Inc. (LaRocco, Christopher) Modified text on 9/21/2021 (kk2) (Entered: 09/20/2021)

    Read MoreRead Less
  • 09/20/2021
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  • Docket(#8) ANSWER with Jury Demand to #1 Complaint & COUNTERCLAIM against NexTech Materials, Ltd. filed by Proof Energy Inc. (LaRocco, Christopher) Modified text on 9/21/2021 (kk2) (Entered: 09/20/2021)

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  • 09/17/2021
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  • Docket(#7) Certified Mail receipt received for service on Proof Energy, Inc. c/o Vlad Kalika - service docs NOT mailed by the Clerk's Office as required by Local Civil Rule 4.2 (kk2) (Entered: 09/20/2021)

    Read MoreRead Less
  • 09/07/2021
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  • Docket(#6) Summons Issued as to Proof Energy Inc. c/o Cogency Global Inc, Statutory Agent (kk2) (Entered: 09/07/2021)

    Read MoreRead Less
  • 09/07/2021
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  • Docket(#5) Summons Issued as to Proof Energy Inc. c/o Vlad Kalika (kk2) (Entered: 09/07/2021)

    Read MoreRead Less
  • 09/03/2021
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  • Docket(#4) REQUEST for Issuance of Summons for Proof Energy, Inc. - Cogency Global, Inc., Statutory Agent (Brown, Matthew) (Entered: 09/03/2021)

    Read MoreRead Less
  • 09/03/2021
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  • Docket(#3) REQUEST for Issuance of Summons for Proof Energy, Inc. (Brown, Matthew) (Entered: 09/03/2021)

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  • 09/03/2021
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  • Docket(#2) Corporate Disclosure Statement by Plaintiff NexTech Materials, Ltd. d.b.a. Nexceris. (Brown, Matthew) (Entered: 09/03/2021)

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  • 09/03/2021
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  • Docket(#1) COMPLAINT against Proof Energy Inc. ( Filing fee $ 402 paid - receipt number: AOHSDC-8484370), filed by NexTech Materials, Ltd. (Attachments: #1 Civil Cover Sheet) (Brown, Matthew) (Attachment 1 replaced and docket text modified on 9/7/2021) (kk2). (Entered: 09/03/2021)

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