This post is being replaced by a Page, more appropriate for a neutral document. The new page is Rossi v. Darden docket and case files.
This is a compilation of most Rossi v. Darden case files, except as noted.
This page will be updated to reflect new filings, notes, and corrections. Please note corrections in comments. Such correction comments will be acknowledged but may be deleted when handled.
== 0001-1_exhibit_a 2015 Rossi US Patent
== 0001-2_exhibit_b License Agreement
== 0001-3_exhibit_c 1st amendment to License Agreement
== 0001-4_exhibit_d 2nd Amendment to License Agreement
Document files 2-16 are not downloaded from PACER. These were not, at the time, considered important. If anyone has them, I would appreciate them, and would put them here. Eventually, I may download these for completeness. See 0000-0 above, all files are described in the docket.
06/02/2016 0017-0_darden_motion_to_dismiss MOTION TO DISMISS 1 (Complaint)
07/01/2016 0023-0_order_setting_schedule Trial set for period of 6/26/2017 and other orders
07/19/2016 0024-0_order_on_mtd ORDER granting in part and denying in part 17 Motion to Dismiss for Failure to State a Claim. Counts II, V, VII, and VIII are DISMISSED without prejudice. All other counts remain intact.
07/22/2016 0025-0_ordered_mediation Deadline having passed for proposed joint order, the judge orders compliance by July 26.
07/26/2016 0026-0_order_scheduling_mediation Order scheduling mediation for January 12, 2017.
07/28/2016 0027-0_motion_for_extension_of_time_to_file Moves extension to August 5, 2016
== 0027-1_proposed_order for judge to sign
07/29/2016 0028-0_order_extending_time_to_answer until August 5
08/05/2016 0029-0_answer Industrial Heat et al Answer.
== 0029-1_exhibit_1 Official critique of Rossi patent
== 0029-2_exhibit_2 Official critique of Rossi patent
== 0029-3_exhibit_3 Six Cylinder Unit photos
== 0029-4_exhibit_4 Rossi blog posts August and September 2015
== 0029-5_exhibit_5 Queries from Murray to Penon
== 0029-6_exhibit_6 list of patent applications
== 0029-7_exhibit_7 Assignment of License from IH to IPH
== 0029-8_exhibit_8 April 2013 Leonardo Certificate
== 0029-9_exhibit_9 Rossi email re Validation Test and “Health Office.”
== 0029-10_exhibit_10 http://arxiv.org/abs/1305.3913 … the “independent professors” Ferrara report
== 0029-11_exhibit_11 Agreement with USQL (Fabiani)
== 0029-12_exhibit_12 Rossi email September 10, 2012 re Hydro Fusion
== 0029-13_exhibit_13 Rossi email Mon, Sep 10, 2012 re European licensees
== 0029-14_exhibit_14 Levi et al, Lugano paper
== 0029-15_exhibit_15 Articles of Incorporation, J.M. Chemical Products, Inc.
== 0029-16_exhibit_16 Rossi email July 05, 2014 re renting to JM in Florida
== 0029-17_exhibit_17 Term Sheet for rental of 1 MW unit to JMC
== 0029-18_exhibit_18 JM Products reports of power used
== 0029-19_exhibit_19 Rossi email Jul 13, 2015 refusing access to IH engineer
== 0029-20_exhibit_20 Original was a large pdf, this is a reduced size jpg of the Bass business card
== 0029-21_exhibit_21 Fabiani emails (2016) 2/23, 4/6, and 4/14, replies of Joseph Murray, 4/26 and 5/16.
== 0029-22_exhibit_22 Cook and Rossi paper
== 0029-23_exhibit_23 Jones Day (rep IH) letter to Annesser (rep Rossi) requesting patent assignment or refusal. February 17, 2016
== 0029-24_exhibit_24 Rossi blog posts Aug 18, 2015 – Sep 13, 2015 (duplicates Exhibit 4?)
== 0029-25_exhibit_25 Rossi blog post April 14, 2016, claiming new sales to Customer of 1-year test.
== 0029-26_exhibit_26 Summons Penon
== 0029-27_exhibit_27 Summons Fabiani
== 0029-28_exhibit_28 Summons Johnson
== 0029-29_exhibit_29 Summons J.M. Products, Inc.
== 0029-30_exhibit_30 United States Quatum Leap, LLC
== 30-1 to 30-25 not downloaded, presumed identical to 29-n.
== 0030-26_exhibit_26 photos of warehouse and customer area
08/11/2016 0031-0, summons, superseded by document 32.
08/12/2016 0032-0_summons_usql Fabiani’s company, mispelled
== 0032-2_summons_johnson I have no idea why this PDF is so large.
08/16/2016 0033-0_appearance Annesser, Turner, Evans, and Chaiken, of Perlman, Bajandas, Yevoli & Albright, P.L., appear for Rossi
08/22/2016 0034-0_turner_appearance formal individual appearance of attorney for Rossi
08/22/2016 0035-0_evans_appearance formal individual appearance of attorney for Rossi
08/23/2016 0036-0_waiver_of_service For 3rd party defendants, J.M Products, Inc., Henry Johnson, and United States Quantum Leap, LLC
08/25/2016 0037-0_hearing-notice hearing before Magistrate on 8/30 on plaintiff objection to 3rd party subpoenas
08/30/2016 0038-0 (not available)
Minute Entry for proceedings held before Magistrate Judge John J. O’Sullivan: Discovery Hearing held on 8/30/2016. John Annesser, Ryan Chaiken and Porpoise Evans for plaintiff; Christopher Pace and Christopher Lomax for defendants and Francisco Leon De La Barra for third-party defendants. (Digital 11:01:25.) (cg1)
08/30/2016 0039-0_motion_to_strike Plaintiff (Rossi) motion to strike affirmative defenses (of IH)
08/31/2016 0040.0 (no document)
PAPERLESS NOTICE of Hearing on 39 MOTION to Strike Affirmative Defenses MOTION for More Definite Statement: Motion Hearing set for 9/27/2016 10:30 AM in Miami Division before Judge Cecilia M. Altonaga. (ps1)
09/01/2016 0041-0_motion_to_dismiss_counterclaims Motion by Plaintiff (Rossi) to Dismiss IH Counterclaims
09/02/2016 0042-0_order_re_motion_to_quash Quashes subpoenas to T.D. Bank, BankUnited, and Accountant James Travis and abates subpoena to T-Mobile four days to give Johnson time to provide information about James Bass. (from hearing per doc. 37)
09/02/2016 0043-0_darden_motion_for_judgment Motion for immediate judgment on pleadings, Count 1.
09/09/2016 0044-0_rossi_response_to_mfj Rossi response to Darden Motion for Immediate Judgment on the Pleadings
== 0045-1_exhibit Draft Second Amended Answer
09/16/2016 0048-0 (no access) (listing kept for historical purpose, the transcript is now available, see the link immediately below.)
TRANSCRIPT of Discovery Hearing held on 8/30/16 before Magistrate Judge John J. O’Sullivan, 1-44 pages, Court Reporter: Carl Schanzleh, 305-523-5635. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/11/2016. Redacted Transcript Deadline set for 10/20/2016. Release of Transcript Restriction set for 12/19/2016. (Attachments: # 1 Designation Access Form)(hh) See DE 0040, 42.
== 0048.1_Designation_access_form (only of transient interest, probably not now relevant)
09/16/2016 0049-0_darden_notice_of_withdrawal_of_MfJ Withdraws 43 Motion for Judgment on the Pleadings without prejudice
09/19/2016 0050-0_second_amended_answer (Industrial Heat et al)
50-1 to 50-26 not downloaded, presumed identical to 29-1 to 25, and 30-26.
== 0050-27_exhibit_27 IPH assignment from IH
09/20/2016 0051-0 motion_re_substitution_of_rossi_counsel Removing Silver Law Group as counsel firm for Rossi
09/21/2016 0052-0_order_re_rossi_counsel Order substituting new firm for Silver Law Group (new counsel already appeared)
09/21/2016 0053-0_fabiani_attorney_appearance Rodolfo Nuñez, Esq
09/23/2016 0054-0_rossi_motion_to_strike Plaintiff’s Motion to Strike in part Defendants’ Second Amended Amswer, Affirmative Defenses, Counterclaims and Third Party Claims, or in the alternative, Motion for a More Definitive
09/26/2016 0055.0 (no document)
PAPERLESS NOTICE of Hearing on 54 MOTION to Strike 50 Answer to Complaint, Third Party Complaint, Counterclaim, in Part Second Amended Answer, Affirmative Defenses, Counterclaims, and Third Party Claims, or in the Alternative, MOTION for More Definite Statement: Motion Hearing set for 10/14/2016 08:30 AM in Miami Division before Judge Cecilia M. Altonaga. (ps1)
09/29/2016 0056-0_rossi_motion_to_dismiss MOTION TO DISMISS DEFENDANTS’ AMENDED COUNTERCLAIMS
10/03/2016 0057.0 (no document)
PAPERLESS NOTICE of Hearing: Status Conference, re: service of Third Party Complaint, set for 10/7/2016 12:30 PM in Miami Division before Judge Cecilia M. Altonaga. (ps1) (Entered: 10/03/2016)
10/05/2016 0058.0 PAPERLESS NOTICE RESETTING (no document) [Hurricane!]
PAPERLESS NOTICE RESETTING Hearing: Status Conference, re: service of
Third Party Complaint reset for 10/14/2016 08:30 AM in Miami Division before
Judge Cecilia M. Altonaga. (ps1) (Entered: 10/05/2016)
10/10/2016 0059-0_ih_response_in_opposition_to_mts_ IH Argument re Rossi Motion to Strike aspects of IH Answer, affirmative defenses, and Counterclaims.
10/11/2016 0060-0_mtd_fabiani Fabiani’s motion to dismiss IH third party complaint
10/11/2016 0061-0_mtd_johnson Johnson’s motion to dismiss IH third-party complaint
10/13/2016 0062-0_order-to-combine_60_61 Dismissal without prejudice of motions 60 (Fabiani) and 61 (Johnson), order to combine as a joint motion, to avoid duplicated arguments.
10/13/2016 0063-0_rossi_reply_to_response_to_mtd Final Rossi arguments on Motion to Strike before hearing 10/14
10/13/2016 0064-0_joint_-motion_for_protective_order Moving to create designations of confidentiality of disclosures in discovery, counsel for all parties agreed.
10/14/2016 0065-0_protective-order signed by Magistrate per joint motion. Allows parties to designate information disclosed in discovery as confidential, with restrictions on who can see it, all subject to court review if requested.
10/14/2016 0066.0_Minute_Entry_Hearing_10-14 Re 54 Rossi Motion to Strike, and status conference, service of 3rd party complaint. See 0067.0 for hearing result.
Minute Entry for proceedings held before Judge Cecilia M. Altonaga: Motion Hearing held on 10/14/2016 re 54 MOTION to Strike 50 Answer to Complaint, Third Party Complaint, Counterclaim,,,,,,,,, in Part Second Amended Answer, Affirmative Defenses, Counterclaims, and Third Party Claims, or in the Alternative, MOTION for More Definite Statement filed by Leonardo Corporation, Andrea Rossi ; Status Conference re service of third-party complaint held on 10/14/2016. Court Reporter: Stephanie McCarn, 305-523-5518 / Stephanie_McCarn@flsd.uscourts.gov (cmz) (Entered: 10/14/2016)
10/14/2016 0067-0_order-on-rossi_motion-to-strike Granted in part and denied in part
10/17/2016 0068-0_ih_response_opposing_rossi_mtd Replies due by 10/27/2016
10/20/2016 0069-0_3rd_party_motion_to_dismiss Joint MOTION TO DISMISS Answer to Complaint … by James A. Bass, Fulvio Fabiani, J.M. Products, Inc., Henry Johnson, United States Quantum Leap, LLC. Responses due by 11/7/2016
10/25/2016 0070-0_rossi_hearing_notice_re_discovery Thursday, October 27, 2016 at 3:00 p.m before Magistrate re Rossi requests for production and interrogatories
10/27/2016 0071.0 Hearing Minute Entry hearing set up in document 70 before Magistrate 10/27/2016. The transcript is not available on-line.
PAPERLESS Minute Entry for proceedings held before Magistrate Judge John J. O’Sullivan: Discovery Hearing held on 10/27/2016. John Annesser and Ryan Chaiken/plaintiffs; Christopher Pace and Christopher Lomax/defendants. (Digital 14:51:20.) (cg1) (Entered: 10/27/2016)
10/27/2016 0072-0_rossi_reply_to_ih_response-on-rossi-mtd legal arguments, Annesser reply to IH response to Annesser Motion to Dismiss counterclaims.
11/08/2016 0074-0_order_re_discovery relating to hearing doc 71
11/08/2016 0075-0_ih_hearing_notice_re_75-1 Discovery hearing December 6, 2016 at 2:00 p.m., on Plaintiffs/Counter Defendants’ Responses and Objections to Defendants’ First Request for Production to Plaintiffs.
11/16/2016 0076-0_order_on_rossi_mtd ORDERED AND ADJUDGED that the Motion to Dismiss [ECF No. 56] is DENIED.
11/17/2016 0077.0_3rd_party_reply_re_MTD Third-party Defendants’ combined reply to Counter-Plaintiff’s response in opposition to third-party Defendant’s motion to dismiss Counts III, IV, and V of Counter-Plaintiff’s Second Amended Counterclaims and third-party claims.
11/23/2016 0078-0_3rd_amended_ih_answer Per Judge’s Order DE 67.
== 0078.1 through 0078.27 are presumed the same as 0029.1 – 0029.25, 0030.26, and 0050.27.
Deadline for filing answer was 7 days from order denying Rossi MTD, this asks for seven more days, but then confuses it, so a new version was filed as DE 81.
Asks for 14 days to file (due December 14), or 7 days from date of order on 3rd party defendant’s MTD, whichever is shorter.
12/05/2016 0083-0_dismissal_of_3rd_party_mtd DE69 dismissed sua sponte as moot, as IH counterclaim amended.
12/05/2016 0084-0 Hearing transcript (no access)
TRANSCRIPT of the Motion Hearing and Status Conference held on 10/14/16, before Judge Cecilia M. Altonaga, 1-60 pages, Court Reporter: Stephanie McCarn, 305-523-5518 / Stephanie_McCarn@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/27/2016. Redacted Transcript Dead line set for 1/5/2017. Release of Transcript Restriction set for 3/6/2017. (smn) See DE66,67.
12/06/2016 0085-0_hearing_time_change ORDER re-setting Discovery Hearing. Hearing re-set for 12/6/2016 02:30 PM in Miami Division before Magistrate Judge John J. O’Sullivan.) **TIME CHANGE ONLY** Signed by Magistrate Judge John J. O’Sullivan on 12/6/2016. (tro) (Entered: 12/06/2016)
12/06/2016 0086-0_hearing_cancelled (Dec. 6 hearing, by IH attorney)
12/07/2016 0087-0_hearing_notice Discovery Hearing set for 12/20/2016 03:00 PM (Rossi request, reviewing 1st and 2nd production requests to IH)
0088-0 Hearing transcript (no access)
TRANSCRIPT of the Motion Hearing and Status Conference held on 10/14/16, before Judge Cecilia M. Altonaga, 1-60 pages, Court Reporter: Stephanie McCarn, 305-523-5518 / Stephanie_McCarn@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/30/2016. Redacted Transcript Dead line set for 1/9/2017. Release of Transcript Restriction set for 3/9/2017. (smn)
12/14/2016 0089.0_Rossi_Answer (to the countercomplaint)
12/19/2016 0090.0_3rd_party_MTD refiled after original MTD mooted (per order, D.E. 83)
12/20/2016 0092.0 Minute entry (no access)
minutes Discovery Hearing Tue 3:56 PM
PAPERLESS Minute Entry for proceedings held before Magistrate Judge John J. O’Sullivan: Discovery Hearing held on 12/20/2016. Total time in court: 50 minutes. Attorney Appearance(s): Christopher Rebel Jude Pace, Christopher Martin Lomax, Brian W. Chaiken, Christopher Perre. (Digital 15:01:04) (cg1)
Order on Motion for Leave to File Tuesday, December 27, 2016 3:40 PM
ORDER denying without prejudice 95 Motion for Leave to File due to the failure to provide a proposed order, as is required by the Local Rules. Signed by Judge Cecilia M. Altonaga (CMA)
TRANSCRIPT of discovery hearing held on 12-20-2016 before Magistrate Judge John J. O’Sullivan, 1-43 pages, Court Reporter: Dawn Savino, 305-523-5598 / Dawn_Savino@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/18/2017. Redacted Transcript Deadline set for 1/30/2017. Release of Transcript Restriction set for 3/28/2017. (dwh)
12/28/2016 0098.0 _Rossi_Motion_to_file_late (renewed with proposed order)
12/28/2016 0099.0_IH_Opposition_to_Motion 98
12/29/2016 0100.0_Order _granting_95
01/03/2017 0101.0_IH_Opposition_to_3rdP_MTD Replies due by 1/10/2017
01/04/2017 0102.0_IH_notice_of_discovery_hearing January 5, 2017, 2:00 p.m.
01/05/2017 (no doc number) 3:29 PM Util Set/Reset Hearings
Discovery Hearing set for 1/10/2017 at 10:00 AM in Miami Division before Magistrate Judge John J. O’Sullivan. (tro)
01/05/2017 00103.0_Discovery_Order Magistrate order re 12/20 Discovery Hearing. (re Rossi requests for IH)
01/05/2017 0104.0 (no doc) minutes Discovery Hearing Thu 3:50 PM
PAPERLESS Minute Entry for proceedings held before Magistrate Judge John J. O’Sullivan: Discovery Hearing held on 1/5/2017. Total time in court: 43 minutes. Attorney Appearance(s): Francisco J Leon de la Barra, Christopher Rebel Jude Pace, Christopher Martin Lomax, Rodolfo Nunez, Brian W. Chaiken, Erika Handelson. (Digital 14:00:42)
01/10/2017 0106.0 (no doc) Hearing transcript.
TRANSCRIPT of discovery hearing held on 1-5-2017 before Magistrate Judge John J. O’Sullivan, 1-39 pages, Court Reporter: Dawn Savino, 305-523-5598 / Dawn_Savino@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/31/2017. Redacted Transcript Deadline set for 2/10/20 17. Release of Transcript Restriction set for 4/10/2017. (dwh)
01/10/2017 0107.0 Minute Entry (no doc)
PAPERLESS Minute Entry for proceedings held before Magistrate Judge John J. O’Sullivan: Discovery Hearing held on 1/10/2017. Total time in court: 45 minutes. Attorney Appearance(s): Christopher Rebel Jude Pace, Christopher Martin Lomax, John William Annesser, II, Brian W. Chaiken, Erika Handelson, Christopher Perre. (Digital 10:05:32) (cg1) (Entered: 01/10/2017)
== 0108.1_Patent Exhibit A
== 0108.2_Rossi_email_2-5-2015 Exhibit B
== 0108.3_Rossi_email_3-17-20150 Exhibit C
== 0108.4_Darden_email_4-10-2015 Exhibit D
01/10/2017 0109.0_IH_Motion_to_admit_Bell new IH attorney
01/10/2017 0110.0_3pD_Reply_to_IH_response_to_MTD Re DE 90 & 101
01/11/2017 0113.0_Fabiani_M_for_leave, attend mediation by internet
01/12/2017 0114.0_Order_granting_motion_for_leave (DE 113)
01/12/2017 0115.0_IH_Proposed_discovery_order re hearing 104
== 0115.1_Proposed_text used in 116.
01/12/2017 0116.0_Order_on_discovery re 3rd party defendants, see 102.
01/13/2017 0118.0_IH_motion_for_60_day_extension (discovery delays)
== 0118.1_Exhibit_A emails, Rossi to Bass and Johnson’s legal assistant
== 0118.2_Exhibit_B copy of DE 116
01/13/2017 0119.0_Notice_of_filing of proposed order for 60 days
== 0119.1_Text_of_proposed_order for 60 days