CCD Holdings, LLC v. Wal-Mart Stores, Inc.

COMPLAINT for PATENT INFRINGEMENT filed by CCD Holdings, LLC; Jury Demand. Filing fee $ 400, receipt number 0752-14362016. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Civil Cover Sheet)(Mozwecz, Jennifer) (Entered: 04/17/2018)

2018-04-17

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CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. (rc, )

2018-04-17

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MAILED patent report to Patent Trademark Office, Alexandria VA. (jk, ) (Entered: 04/18/2018)

2018-04-18

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ATTORNEY Appearance for Plaintiff CCD Holdings, LLC by Jennifer Lynn Mozwecz (Mozwecz, Jennifer) (Entered: 04/18/2018)

2018-04-18

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SUMMONS Issued as to Defendants Cenergy USA, Inc., Wal-Mart Stores, Inc. (jjr, )

2018-04-18

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SUMMONS Issued as to Defendant Wal-Mart.Com USA, LLC. (kb, )

2018-04-20

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ALIAS Summons Issued as to Defendants Wal-Mart Stores, Inc., Wal-Mart.Com USA, LLC. (kb, )

2018-04-24

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MINUTE entry before the Honorable John Robert Blakey: This case has been assigned to the calendar of the Honorable John Robert Blakey. During the course of the litigation, the attorneys must appear at all hearing dates set by the Court or noticed by the parties. If an attorney has a conflict with a set court date, the attorney must notify Judge Blakey's Courtroom Deputy, Gloria Lewis, at (312) 818-6699. If appropriate, the Court will then reset the matter. Advising opposing counsel of a scheduling conflict is not a substitute for communicating directly with the Court. The litigants are ordered to review and fully comply with all of this Courts own standing orders, which are available on Judge Blakey's information page on the Court's official website: http://www.ilnd.uscourts.gov/. An initial status conference is hereby set for 6/6/18 at 9:45 a.m. in Courtroom 1203. Without exception, the parties must also file a status report no later than 5/25/18, using the model template set forth in this Court's standing order regarding Initial (or Reassignment) Status Conferences. Failure by any party to file the status report by the requisite deadline (either jointly or, if necessary, individually with an explanation as to why a joint report could not be filed) may result in a summary dismissal of the case for failure to prosecute, or an entry of default against any served defendant(s) failing to comply with this order. Mailed notice (gel, ) (Entered: 04/26/2018)

2018-04-26

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ATTORNEY Appearance for Defendants Wal-Mart Stores, Inc., Wal-Mart.Com USA, LLC by Jaime Renee Simon (Simon, Jaime) (Entered: 05/16/2018)

2018-05-16

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MOTION by Defendants Wal-Mart Stores, Inc., Wal-Mart.Com USA, LLC for extension of time to file answer Or Otherwise Plead To Complaint (Simon, Jaime) (Entered: 05/16/2018)

2018-05-16

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NOTICE of Motion by Jaime Renee Simon for presentment of motion for extension of time to file answer 6 before Honorable John Robert Blakey on 5/29/2018 at 09:45 AM. (Simon, Jaime) (Entered: 05/16/2018)

2018-05-16

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MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-14479966. on behalf of Wal-Mart Stores, Inc. and Wal-Mart.com USA, LLC (Keville, John) (Entered: 05/16/2018)

2018-05-16

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MINUTE entry before the Honorable John Robert Blakey: Defendant's motion for extension of time to file answer 6 is granted and answer shall be filed on or before 6/15/2018. Initial status conference previously set for 6/6/2018 is reset for 7/6/2018 at 9:45 a.m in Courtroom 1203; status report shall be filed on or before 6/25/2018. John Keville's motion for leave to appear pro hac vice 8 is granted. Motion hearing set for 5/29/2018, is stricken. Mailed notice (gel, ) (Entered: 05/18/2018)

2018-05-18

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MOTION by Plaintiff CCD Holdings, LLC to continue initial status date and responses (Mozwecz, Jennifer) (Entered: 06/07/2018)

2018-06-07

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NOTICE of Motion by Jennifer Lynn Mozwecz for presentment of motion to continue 10 before Honorable John Robert Blakey on 6/21/2018 at 09:45 AM. (Mozwecz, Jennifer) (Entered: 06/07/2018)

2018-06-07

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MINUTE entry before the Honorable John Robert Blakey: Plaintiff's agreed motion to extend time to answer 10 is granted and any answer shall be filed on or before 7/6/2018. Initial status hearing previously set for 7/6/2018 is reset for 8/8/2018 at 9:45 a.m. in Courtroom 1203. Initial status report shall be filed on or before 7/30/2018. Motion hearing set for 6/21/2018, is stricken. Mailed notice (gel, ) (Entered: 06/08/2018)

2018-06-08

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MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-14648564. (Lauricia, Una) (Entered: 06/29/2018)

2018-06-29

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MINUTE entry before the Honorable John Robert Blakey: Una Lauricia's motion for leave to appear pro hac vice 13 is moot. Attorney, Una Lauricia shall correct and refile the motion. Mailed notice (gel, ) (Entered: 06/29/2018)

2018-06-29

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ATTORNEY Appearance for Defendants Wal-Mart Stores, Inc., Wal-Mart.Com USA, LLC by Michael P. Padden (Padden, Michael) (Entered: 06/29/2018)

2018-06-29

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MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-14656639. (Lauricia, Una) (Entered: 07/02/2018)

2018-07-02

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MINUTE entry before the Honorable John Robert Blakey: Una Lauricia's motion for leave to appear pro hac vice 16 is granted. Mailed notice (gel, ) (Entered: 07/03/2018)

2018-07-03

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MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Wal-Mart.Com USA, LLC, Wal-Mart Stores, Inc., MOTION by Defendants Wal-Mart.Com USA, LLC, Wal-Mart Stores, Inc. to dismiss for improper venue (Padden, Michael) (Entered: 07/06/2018)

2018-07-06

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NOTICE of Motion by Michael P. Padden for presentment of Motion to Dismiss for Failure to State a Claim, motion to dismiss 18 before Honorable John Robert Blakey on 7/12/2018 at 09:45 AM. (Padden, Michael) (Entered: 07/06/2018)

2018-07-06

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MINUTE entry before the Honorable John Robert Blakey: The Court is in receipt of Defendant's motion to dismiss 18 . Plaintiff is advised to review the Courts standing order on Motions to Dismiss, which is available on the Courts homepage at www.ilnd.uscourts.gov. The Court's Order requires Plaintiff to make an election as to whether he/she will amend the complaint or stand on the current complaint and proceed with briefing on the motion to dismiss. Defendant's motion to dismiss 18 is set for presentment on 7/12/2018. Status hearing date of 8/8/2016 is stricken. Plaintiff shall be prepared to make an election regarding Defendant's motion to dismiss at the next hearing. Mailed notice (gel, ) (Entered: 07/06/2018)

2018-07-06

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MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on 7/12/2018. Oral motion for leave to file an amended complaint is granted. Amended complaint shall be filed on or before 8/9/2018. Defendant's motion to dismiss 18 is denied without prejudice. Oral motion for extension of time to serve Cenergy USA, Inc. under Rule 4, is granted. Status hearing set for 8/16/2018 at 9:45 a.m. in Courtroom 1203. Defense counsel shall be prepared to make an election as to whether they will answer the amended complaint or revise their motion to dismiss, at the next hearing. Parties shall also be prepared to set additional case management dates at the next hearing. Mailed notice (gel, ) (Entered: 07/12/2018)

2018-07-12

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ALIAS Summons Issued as to Defendant Cenergy USA, Inc. at two different locations: 1) 11500 North Rodney Parham Road Little Rock, Arkansas 72212 and 2) 5705 Ridgefield Lane Little Rock, Arkansas 72223. (jjr, )

2018-07-25

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First AMENDED complaint by CCD Holdings, LLC against All Defendants (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Mozwecz, Jennifer) (Entered: 08/09/2018)

2018-08-09

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First AMENDED complaint by CCD Holdings, LLC against All Defendants (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Mozwecz, Jennifer) "Duplicate filing of entry no. 22 " Modified on 8/10/2018 (tt, ). (Entered: 08/09/2018)

2018-08-09

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MINUTE entry before the Honorable John Robert Blakey: Status hearing held on 8/16/2018. Any motion to dismiss shall be filed on or before 9/6/2018; response shall be filed on or before 9/27/2018; reply shall be filed on or before 10/11/2018. Motion hearing set for 10/25/2018 at 9:45 a.m. in Courtroom 1203. Mailed notice (gel, ) (Entered: 08/16/2018)

2018-08-16

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MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Wal-Mart Stores, Inc., Wal-Mart.Com USA, LLC (Lauricia, Una) (Entered: 09/06/2018)

2018-09-06

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MOTION by Defendant Cenergy USA, Inc. to dismiss for lack of jurisdiction improper venue and failure to state a claim (Attachments: # 1 Declaration Robert Joblin)(Lauricia, Una) (Entered: 09/06/2018)

2018-09-06

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RESPONSE by CCD Holdings, LLCin Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Wal-Mart Stores, Inc., Wal-Mart.Com USA, LLC 25 (Mozwecz, Jennifer) (Entered: 09/27/2018)

2018-09-27

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MOTION by Plaintiff CCD Holdings, LLC for discovery and extension of time to respond (Attachments: # 1 Exhibit Exhibit A - Indemnity Email)(Mozwecz, Jennifer) (Entered: 09/27/2018)

2018-09-27

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NOTICE of Motion by Jennifer Lynn Mozwecz for presentment of motion for discovery 28 before Honorable John Robert Blakey on 10/9/2018 at 09:45 AM. (Mozwecz, Jennifer) (Entered: 09/27/2018)

2018-09-27

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MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on 10/9/2018. Plaintiff's motion for discovery and extension of time to respond 28 is briefed as follows: response shall be filed on or before 10/11/2018. Motion hearing set for 10/25/2018, to stand. Oral motion for to file under seal is granted. Mailed notice (gel, ) (Entered: 10/10/2018)

2018-10-09

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REPLY by Wal-Mart Stores, Inc., Wal-Mart.Com USA, LLC to response in opposition to motion 27 (Lauricia, Una) (Entered: 10/11/2018)

2018-10-11

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RESPONSE by Cenergy USA, Inc.in Opposition to MOTION by Plaintiff CCD Holdings, LLC for discovery and extension of time to respond 28 and REPLY in support of Cenergy's Motion to Dismiss (Attachments: # 1 Exhibit A, # 2 Exhibit C)(Lauricia, Una) (Entered: 10/11/2018)

2018-10-11

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SEALED EXHIBIT by Defendant Cenergy USA, Inc. Exhibit B regarding response in opposition to motion, 32 (Lauricia, Una) (Entered: 10/11/2018)

2018-10-11

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MINUTE entry before the Honorable John Robert Blakey: Motion hearing held. Plaintiff's motion for discovery 28 is denied. Plaintiff shall file any substantive response to Cenergy's motion to dismiss 26 by 11/7/18, and Cenergy shall file any reply by 11/14/18. The case is set for a status hearing on 1/10/19 at 9:45 a.m. in Courtroom 1203. Mailed notice (gel, ) (Entered: 10/25/2018)

2018-10-25

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RESPONSE by CCD Holdings, LLCin Opposition to MOTION by Defendant Cenergy USA, Inc. to dismiss for lack of jurisdiction improper venue and failure to state a claim 26 (Attachments: # 1 Exhibit Exhibit A - DVO Proposal, # 2 Exhibit Exhibit B - Press Release)(Mozwecz, Jennifer) (Entered: 11/07/2018)

2018-11-07

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REPLY by Cenergy USA, Inc. to response in opposition to motion, 35 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Lauricia, Una) (Entered: 11/14/2018)

2018-11-14

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MINUTE entry before the Honorable John Robert Blakey: On the Court's own motion, the status hearing previously set for 1/10/2019 is reset for 2/5/2019 at 9:45 a.m. in Courtroom 1203. Mailed notice (gel, ) (Entered: 12/21/2018)

2018-12-21

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MINUTE entry before the Honorable John Robert Blakey: Status hearing held on 2/5/2019. Parties shall meet and confer and contact Chambers regarding the venue issue referenced in court. Defendant's motion to dismiss 26 remains under advisement. The Court will issue a ruling by separate order. Mailed notice (gel, ) (Entered: 02/05/2019)

2019-02-05

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MINUTE entry before the Honorable John Robert Blakey: For the reasons stated in the accompanying Order, this Court grants in part Cenergy's motion to dismiss 26 because venue is improper as to Cenergy in this district, and finds that the interests of justice warrant transferring this case to the Eastern District of Arkansas. This Court denies the remainder of Cenergy's motion to dismiss 26 without prejudice, and denies the Walmart Defendants' motion to dismiss 25 without prejudice. The Clerk is directed to transfer this case forthwith to the United States District Court for the Eastern District of Arkansas. Mailed notice (gel, ) (Entered: 02/06/2019)

2019-02-06

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ORDER Signed by the Honorable John Robert Blakey on 2/6/2019. Mailed notice(gel, ) (Entered: 02/06/2019)

2019-02-06

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TRANSFERRED to the United States District Court of Eastern District of Arkansas the electronic record. (ek, ) (Entered: 02/07/2019)

2019-02-07

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ELECTRONIC Acknowledgement of case transferred to the Eastern District of Arkansas as case 4:19-cv-00102, filed 02/07/2019. (jjr, )

2019-02-07

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Overview

Parties

Defendant

Wal-Mart.Com USA, LLC Follow

Represented By

Cenergy USA, Inc. Follow

Represented By

Wal-Mart Stores, Inc. Follow

Represented By

Plaintiff

CCD Holdings, LLC Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

COMPLAINT for PATENT INFRINGEMENT filed by CCD Holdings, LLC; Jury Demand. Filing fee $ 400, receipt number 0752-14362016. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Civil Cover Sheet)(Mozwecz, Jennifer) (Entered: 04/17/2018)

CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. (rc, )

MAILED patent report to Patent Trademark Office, Alexandria VA. (jk, ) (Entered: 04/18/2018)

ATTORNEY Appearance for Plaintiff CCD Holdings, LLC by Jennifer Lynn Mozwecz (Mozwecz, Jennifer) (Entered: 04/18/2018)

SUMMONS Issued as to Defendants Cenergy USA, Inc., Wal-Mart Stores, Inc. (jjr, )

SUMMONS Issued as to Defendant Wal-Mart.Com USA, LLC. (kb, )

ALIAS Summons Issued as to Defendants Wal-Mart Stores, Inc., Wal-Mart.Com USA, LLC. (kb, )

ATTORNEY Appearance for Defendants Wal-Mart Stores, Inc., Wal-Mart.Com USA, LLC by Jaime Renee Simon (Simon, Jaime) (Entered: 05/16/2018)

MOTION by Defendants Wal-Mart Stores, Inc., Wal-Mart.Com USA, LLC for extension of time to file answer Or Otherwise Plead To Complaint (Simon, Jaime) (Entered: 05/16/2018)

NOTICE of Motion by Jaime Renee Simon for presentment of motion for extension of time to file answer 6 before Honorable John Robert Blakey on 5/29/2018 at 09:45 AM. (Simon, Jaime) (Entered: 05/16/2018)

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-14479966. on behalf of Wal-Mart Stores, Inc. and Wal-Mart.com USA, LLC (Keville, John) (Entered: 05/16/2018)

MOTION by Plaintiff CCD Holdings, LLC to continue initial status date and responses (Mozwecz, Jennifer) (Entered: 06/07/2018)

NOTICE of Motion by Jennifer Lynn Mozwecz for presentment of motion to continue 10 before Honorable John Robert Blakey on 6/21/2018 at 09:45 AM. (Mozwecz, Jennifer) (Entered: 06/07/2018)

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-14648564. (Lauricia, Una) (Entered: 06/29/2018)

MINUTE entry before the Honorable John Robert Blakey: Una Lauricia's motion for leave to appear pro hac vice 13 is moot. Attorney, Una Lauricia shall correct and refile the motion. Mailed notice (gel, ) (Entered: 06/29/2018)

ATTORNEY Appearance for Defendants Wal-Mart Stores, Inc., Wal-Mart.Com USA, LLC by Michael P. Padden (Padden, Michael) (Entered: 06/29/2018)

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-14656639. (Lauricia, Una) (Entered: 07/02/2018)

MINUTE entry before the Honorable John Robert Blakey: Una Lauricia's motion for leave to appear pro hac vice 16 is granted. Mailed notice (gel, ) (Entered: 07/03/2018)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Wal-Mart.Com USA, LLC, Wal-Mart Stores, Inc., MOTION by Defendants Wal-Mart.Com USA, LLC, Wal-Mart Stores, Inc. to dismiss for improper venue (Padden, Michael) (Entered: 07/06/2018)

NOTICE of Motion by Michael P. Padden for presentment of Motion to Dismiss for Failure to State a Claim, motion to dismiss 18 before Honorable John Robert Blakey on 7/12/2018 at 09:45 AM. (Padden, Michael) (Entered: 07/06/2018)

ALIAS Summons Issued as to Defendant Cenergy USA, Inc. at two different locations: 1) 11500 North Rodney Parham Road Little Rock, Arkansas 72212 and 2) 5705 Ridgefield Lane Little Rock, Arkansas 72223. (jjr, )

First AMENDED complaint by CCD Holdings, LLC against All Defendants (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Mozwecz, Jennifer) (Entered: 08/09/2018)

First AMENDED complaint by CCD Holdings, LLC against All Defendants (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Mozwecz, Jennifer) "Duplicate filing of entry no. 22 " Modified on 8/10/2018 (tt, ). (Entered: 08/09/2018)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Wal-Mart Stores, Inc., Wal-Mart.Com USA, LLC (Lauricia, Una) (Entered: 09/06/2018)

MOTION by Defendant Cenergy USA, Inc. to dismiss for lack of jurisdiction improper venue and failure to state a claim (Attachments: # 1 Declaration Robert Joblin)(Lauricia, Una) (Entered: 09/06/2018)

RESPONSE by CCD Holdings, LLCin Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Wal-Mart Stores, Inc., Wal-Mart.Com USA, LLC 25 (Mozwecz, Jennifer) (Entered: 09/27/2018)

MOTION by Plaintiff CCD Holdings, LLC for discovery and extension of time to respond (Attachments: # 1 Exhibit Exhibit A - Indemnity Email)(Mozwecz, Jennifer) (Entered: 09/27/2018)

NOTICE of Motion by Jennifer Lynn Mozwecz for presentment of motion for discovery 28 before Honorable John Robert Blakey on 10/9/2018 at 09:45 AM. (Mozwecz, Jennifer) (Entered: 09/27/2018)

REPLY by Wal-Mart Stores, Inc., Wal-Mart.Com USA, LLC to response in opposition to motion 27 (Lauricia, Una) (Entered: 10/11/2018)

RESPONSE by Cenergy USA, Inc.in Opposition to MOTION by Plaintiff CCD Holdings, LLC for discovery and extension of time to respond 28 and REPLY in support of Cenergy's Motion to Dismiss (Attachments: # 1 Exhibit A, # 2 Exhibit C)(Lauricia, Una) (Entered: 10/11/2018)

SEALED EXHIBIT by Defendant Cenergy USA, Inc. Exhibit B regarding response in opposition to motion, 32 (Lauricia, Una) (Entered: 10/11/2018)

RESPONSE by CCD Holdings, LLCin Opposition to MOTION by Defendant Cenergy USA, Inc. to dismiss for lack of jurisdiction improper venue and failure to state a claim 26 (Attachments: # 1 Exhibit Exhibit A - DVO Proposal, # 2 Exhibit Exhibit B - Press Release)(Mozwecz, Jennifer) (Entered: 11/07/2018)

REPLY by Cenergy USA, Inc. to response in opposition to motion, 35 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Lauricia, Una) (Entered: 11/14/2018)

MINUTE entry before the Honorable John Robert Blakey: On the Court's own motion, the status hearing previously set for 1/10/2019 is reset for 2/5/2019 at 9:45 a.m. in Courtroom 1203. Mailed notice (gel, ) (Entered: 12/21/2018)

ORDER Signed by the Honorable John Robert Blakey on 2/6/2019. Mailed notice(gel, ) (Entered: 02/06/2019)

TRANSFERRED to the United States District Court of Eastern District of Arkansas the electronic record. (ek, ) (Entered: 02/07/2019)

ELECTRONIC Acknowledgement of case transferred to the Eastern District of Arkansas as case 4:19-cv-00102, filed 02/07/2019. (jjr, )

Track Case Updates

Wal-Mart.Com USA, LLC

Cenergy USA, Inc.

Wal-Mart Stores, Inc.

CCD Holdings, LLC