1 

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS 

MARSHALL DIVISION

MONUMENT PEAK VENTURES, LLC,

Plaintiff,

v. 

BLU PRODUCTS, INC., 

Defendant.

§

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§

2:23-cv-00169-JRG-RSP

JURY TRIAL DEMANDED

JOINT MOTION TO STAY SCHEDULING CONFERENCE

Plaintiff Monument Peak Ventures, LLC (“Plaintiff” or “MPV”) and Defendant BLU 

Products, Inc. (“Defendant” or “BLU”) (collectively, the “Parties”) hereby jointly move to stay 

the Scheduling Conference and associated deadlines listed in the Court’s Order [Dkt. 11] signed 

on June 14, 2023 pending the Court’s ruling on Defendant’s Motion to Dismiss for Improper 

Venue or, in the Alternative, to Transfer [Dkt. 7] (“Defendant’s Motion”). 

I. INTRODUCTION

1. On April 12, 2023 Plaintiff filed its Complaint for Patent Infringement [Dkt. 1] 

against Defendant.

2. On May 12, 2023, Defendant filed Defendant’s Motion [Dkt. 7] seeking to dismiss 

this lawsuit, or in the alternative, transfer the matter to the Southern District of Florida. 

3. On June 2, 2023, Plaintiff filed an Unopposed Motion for Venue Discovery and a 

45-day extension of Plaintiff’s Response to Defendant’s Motion [Dkt. 9]. The Court granted the 

Unopposed Motion on June 5, 2023 [Dkt. 10], extending Plaintiff’s Response submission deadline 

to Defendant’s Motion to July 17, 2023. 

4. On June 14, 2023, the Court entered an Order (“Court’s Order”) setting a 

Case 2:23-cv-00169-JRG-RSP Document 12 Filed 07/06/23 Page 1 of 4 PageID #: 286
2 

Scheduling Conference in Marshall, Texas on July 20, 2023, at 9:30 a.m. before the Honorable 

Rodney Gilstrap. The Court’s Order also listed the following schedule of preliminary deadlines 

(See Dkt. 11, p. 2) (“Preliminary Deadlines”) to be determined by the date of the Scheduling 

Conference. 

II. MOTION TO STAY SCHEDULING CONFERENCE 

1. The Parties jointly and respectfully request the Court stay the Scheduling 

Conference listed in the Court’s Order until the Court’s ruling on Defendant’s Motion for reasons 

of efficiency to conserve both the Court’s and the Parties’ resources. 

2. The Parties agree the stay should be lifted if the Court denies the Defendant’s 

Motion, in whole or in part, at which time the Parties will meet and confer in good faith to propose 

a new Scheduling Conference date subject to the Court’s availability. The Parties agree to submit 

Case 2:23-cv-00169-JRG-RSP Document 12 Filed 07/06/23 Page 2 of 4 PageID #: 287
3 

the proposed date to the Court within fourteen (14) days of the Court’s ruling on Defendant’s 

Motion. 

3. The Parties have conferred on the relief requested in this Motion and both agree to 

relief requested herein. 

4. This motion is not presented for the purposes of delay, but rather so that justice may 

be done. No other deadlines will be affected by the extension of time sought. 

III. CONCLUSION & PRAYER

For these reasons, Plaintiff and Defendant ask the Court to grant this motion to (1) stay the 

Scheduling Conference and associated Preliminary Deadlines in the Court’s Order [Dkt. 11] 

pending its ruling on Defendant’s Motion; and (2) require the Parties to submit a proposed 

Scheduling Conference date within fourteen (14) days of the Court’s ruling on Defendant’s 

Motion, if necessary. 

AGREED TO BY FORM: Dated this July 6, 2023 

/s/ Bernard L. Egozi________________

Bernard L. Egozi 

Florida Bar No. 152544 

begozi@egozilaw.com 

EGOZI & BENNETT, P.A.

2999 NE 191st Street, Suite 407 

Aventura, Florida 33180 

Telephone: (305) 931-3000 

COUNSEL FOR DEFENDANT

/s/ Matthew C. Acosta

Matthew C. Acosta

Texas Bar No. 24062577 

macosta@pcrfirm.com

Nicholas C. Kliewer

Texas Bar No. 24083315 

nkliewer@pcrfirm.com 

PLATT CHEEMA RICHMOND PLLC

1201 N. Riverfront Blvd., Suite 150 

Dallas, Texas 75207 

214.559.2700 Main 

214.559.4390 Fax 

COUNSEL FOR PLAINTIFF

Case 2:23-cv-00169-JRG-RSP Document 12 Filed 07/06/23 Page 3 of 4 PageID #: 288
4 

CERTIFICATE OF CONFERENCE 

The undersigned hereby certifies that counsel of record met and conferred regarding this

filing, and the parties are in agreement regarding the relief sought and neither opposes.

/s/ Matthew C. Acosta__________ 

Matthew C. Acosta

CERTIFICATE OF SERVICE

The undersigned counsel for Plaintiff does hereby certify that this pleading was served on 

all counsel of record on July 6, 2023 by the Court’s electronic filing notification system.

 

 /s/ Matthew C. Acosta 

Matthew C. Acosta

Case 2:23-cv-00169-JRG-RSP Document 12 Filed 07/06/23 Page 4 of 4 PageID #: 289