New Angle LLC v. IQAir North America, Inc.
| New Angle LLC |
| IQAir North America, Inc. |
| ICLEEN Entwicklungs- und Vertriebsanstalt fr Umweltprodukte |
| 2:2022cv07840 |
| October 27, 2022 |
| US District Court for the Central District of California |
| Ronald SW Lew |
| Rozella A Oliver |
| Jean P Rosenbluth |
| Otis D Wright |
| Contract: Other |
| 28 U.S.C. § 1441 Notice of Removal -- Other Contract |
| Both |
Docket Report
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Filing 48
ORDER GRANTING APPLICATION of Non-Resident Attorney Cooley A. Arroyo to Appear Pro Hac Vice on behalf of Plaintiff and Counter Defendant New Angle LLC and designating Michele Friend as local counsel #46 by Judge Otis D. Wright, II (lc)
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Filing 47
ORDER GRANTING STIPULATION AND REQUEST TO CONTINUE DEADLINE FOR PLAINTIFF TO RESPOND TO COUNTERCLAIMS TO JANUARY 19, 2023 AND TO CONTINUE SCHEDULINGCONFERENCE TO FEBRUARY 27, 2023 #45 by Judge Otis D. Wright, II. (lc)
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| Filing 46 Corrected APPLICATION of Non-Resident Attorney Cooley A. Arroyo to Appear Pro Hac Vice on behalf of Plaintiff New Angle LLC, Counter Defendant New Angle LLC (Pro Hac Vice Fee - $500 Previously Paid on 12/14/2022, Receipt No. 34476004) filed by Plaintiff & Cross-Defendant New Angle LLC. (Attachments: #1 Proposed Order G-64 Proposed Order, #2 Unredacted Document Certificate of Good Standing re Cooley Ann Arroyo) (Friend, Michele) |
| Filing 45 STIPULATION to Continue Deadline for Plaintiff to Respond to Counterclaims and Scheduling Conference from December 20, 2022 for Response and January 23, 2023 for the Scheduling Conference to January 19, 2023 for the Response and February 27, 2023 for the Scheduling Conference filed by Defendant and Counterclaimants ICLEEN Entwicklungs- und Vertriebsanstalt fr Umweltprodukte, IQAir North America, Inc.. (Attachments: #1 Proposed Order Granting Request to Continue)(Bleeker, G.) |
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Filing 44
ORDER by Judge Otis D. Wright, II: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: APPLICATION of Non-Resident Attorney Cooley A. Arroyo to Appear Pro Hac Vice on behalf of Plaintiff New Angle LLC, Counter Defendant New Angle LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34476004) #41 , for the following reasons:Stricken for the reasons stated in the Notice of Deficiencies at ECF No. 43. (lc)
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| Filing 43 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Cooley A. Arroyo to Appear Pro Hac Vice on behalf of Plaintiff New Angle LLC, Counter Defendant New Angle LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34476004) #41 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. (lt) |
| Filing 42 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Notice of Appearance, #40 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance of Withdrawal of Counsel G123.. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ak) |
| Filing 41 (STRICKEN PER 12/16/2022 ORDER DOCKET NO. 44). APPLICATION of Non-Resident Attorney Cooley A. Arroyo to Appear Pro Hac Vice on behalf of Plaintiff New Angle LLC, Counter Defendant New Angle LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34476004) filed by Plaintiff & Cross-Defendant New Angle LLC. (Attachments: #1 Proposed Order (PROPOSED) ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE) (Friend, Michele) Modified on 12/16/2022 (lc). |
| Filing 40 NOTICE of Appearance filed by attorney Michele B Friend on behalf of Plaintiff New Angle LLC, Counter Defendant New Angle LLC (Attorney Michele B Friend added to party New Angle LLC(pty:pla), Attorney Michele B Friend added to party New Angle LLC(pty:cd))(Friend, Michele) |
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Filing 39
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: The Court reviewed the Responses filed by attorneys Steven J. Dutton, Jacob Rhodes, and Cooley Ann Arroyo regarding their failures to file applications to appear pro hac vice inthis matter. (ECF Nos. 2931.) Attorneys Steven J. Dutton and Jacob Rhodes indicate that they are not appearing as attorneys of record in this case and should be removed as attorneys of record from the docket. (ECF No. 2930.)Attorney Cooley Ann Arroyo requests that the Court allow her pro hac vice admission in another case to apply to this case. (ECF No. 31.) However, a pro hac vice admission applies only "in a particular case." C.D. Cal. L.R. 83-2.1.3.1. Thus, the Court ORDERS Cooley Ann Arroyo to file a pro hac vice application in this case by December 14, 2022. (lc)
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| Filing 38 SCHEDULING MEETING OF COUNSEL [FRCP 16, 26(f)]; SCHEDULING CONFERENCE [FRCP 26(f)] by Judge Otis D. Wright, II. Scheduling Conference set for January 23, 2023 at 1:30 p.m. (lom) |
| COUNTERCLAIM against counter defendant New Angle LLC; Jury Demand, filed by counter claimants ICLEEN Entwicklungs- und Vertriebsanstalt fr Umweltprodukte, IQAir North America, Inc. (FILED WITH THE ANSWER SEE DOCKET NO. 36). (lc) |
| Filing 37 Certification and NOTICE of Interested Parties filed by Defendant and Counterclaimants ICLEEN Entwicklungs- und Vertriebsanstalt fr Umweltprodukte, IQAir North America, Inc., (Bleeker, G.) |
| Filing 36 ANSWER to Notice of Removal,, #1 JURY DEMAND. and Counterclaims filed by Defendant and Counterclaimants ICLEEN Entwicklungs- und Vertriebsanstalt fr Umweltprodukte, IQAir North America, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Attorney G. Warren Bleeker added to party ICLEEN Entwicklungs- und Vertriebsanstalt fr Umweltprodukte(pty:cc), Attorney G. Warren Bleeker added to party IQAir North America, Inc.(pty:cc))(Bleeker, G.) |
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Filing 35
ORDER by Judge Otis D. Wright, II: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Second Stipulation Extending Time to Answer (30 days or less), #34 for the following reasons: Failure to show good cause. (es)
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| Filing 34 [DOCUMENT STRICKEN SEE DKT. #35 ] Second STIPULATION Extending Time to Answer the complaint as to IQAir North America, Inc. answer now due 12/13/2022, re Notice of Removal,, #1 , Stipulation Extending Time to Answer (30 days or less) #32 filed by Defendant IQAir North America, Inc..(Bleeker, G.) Modified on 11/29/2022 (es). |
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Filing 33
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01-Related Case- filed. Related Case No: 2:22-cv-02462 ODW(RAOx). Case transferred from Judge Ronald S.W. Lew and Magistrate Judge Jean P. Rosenbluth to Judge Otis D. Wright, II and Magistrate Judge Rozella A. Oliver for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:22-cv-07840 ODW(RAOx). Signed by Judge Otis D. Wright, II (rn)
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| Filing 32 STIPULATION Extending Time to Answer the complaint as to All Parties, re Notice of Removal,, #1 filed by Defendant IQAir North America, Inc..(Bleeker, G.) |
| Filing 31 RESPONSE filed by Pro Hac Vice attorney Cooley Ann Arroyo on behalf of Plaintiff New Angle LLC. RE: Notice of Filing Fee Due. PHV fee N/A. See attached. (lt) |
| Filing 30 RESPONSE filed by Pro Hac Vice attorney Jacob Rhodes on behalf of Plaintiff New Angle LLC. RE: Notice of Filing Fee Due. PHV fee N/A. Attorney will not be appearing as attorney of record on this case and will be removed pursuant to G109 Notice. (lt) |
| Filing 29 RESPONSE filed by Pro Hac Vice attorney Steven J. Dutton on behalf of Defendant IQAir North America, Inc.. RE: Notice of Filing Fee Due. PHV fee N/A. Attorney will not be appearing as attorney of record on this case and will be removed pursuant to G109 Notice. (lt) |
| Filing 28 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Steven J. Dutton. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (lh) |
| Filing 27 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Jacob Rhodes. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (lh) |
| Filing 26 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Cooley Ann Arroyo. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (lh) |
| Filing 25 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh) |
| Filing 24 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 23 NOTICE OF ASSIGNMENT to District Judge Ronald S. W. Lew and Magistrate Judge Jean P. Rosenbluth. (lh) |
| Filing 22 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 1:22-cv-00113-PB, from U.S. District Court District of New Hampshire (Concord). The above-referenced case has been transferred to this district and assigned the above civil case number 2:22-cv-07840 RSWL (JPRx). (lh) |
| Filing 21 ORIGINAL file, certified copy of transfer order and docket sheet received from New Hampshire |
| Civil Case Terminated. (js) [Transferred from New Hampshire on 11/1/2022.] |
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Filing 20
///MEMORANDUM AND ORDER granting #5 Motion to Dismiss or, in the Alternative, Motion to Transfer Venue. For the reasons set forth in this Memorandum and Order, I determine that the court lacks personal jurisdiction over IQAir. IQAirs Motion to Dismiss or Transfer (Doc. No. 5) is granted to the extent that the case shall be transferred to the Central District of California. So Ordered by Judge Paul J. Barbadoro.(js) [Transferred from New Hampshire on 11/1/2022.]
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| Filing 19 TRANSCRIPT of Proceedings for Motion Hearing held on July 13, 2022. Court Reporter: Liza Dubois, Telephone # 603-225-1442. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 9/28/2022. Redacted Transcript Follow Up 10/11/2022. Release of Transcript Restriction set for 12/5/2022.(js) [Transferred from New Hampshire on 11/1/2022.] |
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ENDORSED ORDER granting #18 Assented to Motion to Extend Time to Monday, July 18, 2022 to Respond to Court's Question. Text of Order: Granted. So Ordered by Judge Paul J. Barbadoro. (js) [Transferred from New Hampshire on 11/1/2022.]
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| Filing 18 Assented to MOTION to Extend Time to Monday, July 18, 2022 to Respond to Court's Question filed by New Angle LLC.(Arroyo, Cooley) [Transferred from New Hampshire on 11/1/2022.] |
| Minute Entry for proceedings held before Judge Paul J. Barbadoro. MOTION HEARING held on 7/13/2022 re #5 MOTION to Dismiss or, in the Alternative, Motion to Transfer Venue. Motion taken under advisement. Counsel directed to email the clerk with their positions as discussed on the record. (Court Reporter: Liza Dubois) (Pltfs Atty: Cooley Ann Arroyo, Jacob Rhodes) (Defts Atty: G. Warren Bleeker)(Total Hearing Time: 1:30) (vln) [Transferred from New Hampshire on 11/1/2022.] |
| Filing 17 Assented to MOTION to Excuse Local Counsel's Attendance at the July 13, 2022 Motion Hearing filed by IQAir North America, Inc..(Dutton, Steven) [Transferred from New Hampshire on 11/1/2022.] |
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ENDORSED ORDER granting #17 Motion to Excuse Local Counsel's Attendance at the July 13, 2022 Motion Hearing. Text of Order: Granted. So Ordered by Judge Paul J. Barbadoro.(js) [Transferred from New Hampshire on 11/1/2022.]
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| NOTICE re: #5 MOTION to Dismiss or, in the Alternative, Motion to Transfer Venue. Motion Hearing set for 7/13/2022 02:00 PM before Judge Paul J. Barbadoro.(js) [Transferred from New Hampshire on 11/1/2022.] |
| Filing 16 RESPONSE re #13 Miscellaneous Filing Plaintiff's Reply to Defendant's Evidentiary Objections filed by New Angle LLC. (Attachments: #1 Exhibit (Affidavit) A-Supplemental Affidavit of Wei Wang)(Arroyo, Cooley) [Transferred from New Hampshire on 11/1/2022.] |
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ENDORSED ORDER granting #14 Motion to Extend Time to Object/Respond re #13 Miscellaneous Filing to 05/18/2022. Text of Order: Granted. So Ordered by Judge Paul J. Barbadoro.(js) [Transferred from New Hampshire on 11/1/2022.]
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| Filing 15 RESPONSE to Motion re #14 MOTION to Extend Time to Object/Respond to #13 Miscellaneous Filing to 05/18/2022 filed by IQAir North America, Inc.. (Bleeker, G. Warren) [Transferred from New Hampshire on 11/1/2022.] |
| Filing 14 MOTION to Extend Time to Object/Respond to #13 Miscellaneous Filing to 05/18/2022 filed by New Angle LLC.Follow up on Objection on 5/31/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Rhodes, Jacob) [Transferred from New Hampshire on 11/1/2022.] |
| Filing 13 Evidentiary Objections to Declaration of Wei Wang by IQAir North America, Inc.(Bleeker, G. Warren) [Transferred from New Hampshire on 11/1/2022.] |
| Filing 12 REPLY to Objection to Motion re #5 MOTION to Dismiss or, in the Alternative, Motion to Transfer Venue filed by IQAir North America, Inc.. Surreply due by 5/16/2022. (Bleeker, G. Warren) [Transferred from New Hampshire on 11/1/2022.] |
| Filing 11 OBJECTION to #5 MOTION to Dismiss or, in the Alternative, Motion to Transfer Venue filed by New Angle LLC. Follow up on Reply on 5/10/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit (Affidavit) Affidavit of Wei Wang)(Arroyo, Cooley) [Transferred from New Hampshire on 11/1/2022.] |
| Filing 10 NOTICE of Attorney Appearance by Cooley Ann Arroyo on behalf of New Angle LLC (Arroyo, Cooley) [Transferred from New Hampshire on 11/1/2022.] |
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ENDORSED ORDER granting #8 Assented to Motion to Extend Time to Object/Respond to May 3, 2022. Text of Order: Granted. So Ordered by Judge Paul J. Barbadoro. (js) [Transferred from New Hampshire on 11/1/2022.]
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| Filing 9 Disclosure Statement by New Angle LLC disclosing no parent company, no publicly traded company, and no merger agreement. (Rhodes, Jacob) [Transferred from New Hampshire on 11/1/2022.] |
| Filing 8 Assented to MOTION to Extend Time to Object/Respond to May 3, 2022 filed by New Angle LLC.(Rhodes, Jacob) [Transferred from New Hampshire on 11/1/2022.] |
| Filing 7 NOTICE of Attorney Appearance by Jacob Rhodes on behalf of New Angle LLC Attorney Jacob Rhodes added to party New Angle LLC(pty:pla).(Rhodes, Jacob) [Transferred from New Hampshire on 11/1/2022.] |
| Filing 6 NOTICE of Attorney Appearance by G. Warren Bleeker on behalf of IQAir North America, Inc. Attorney G. Warren Bleeker added to party IQAir North America, Inc.(pty:dft).(Bleeker, G. Warren) [Transferred from New Hampshire on 11/1/2022.] |
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ENDORSED ORDER granting #4 Assented to MOTION for G. Warren Bleeker to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Magistrate Judge Andrea K. Johnstone.The clerk's office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(js) [Transferred from New Hampshire on 11/1/2022.]
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| Filing 5 MOTION to Dismiss or, in the Alternative, Motion to Transfer Venue filed by IQAir North America, Inc..Follow up on Objection on 4/26/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law, #2 Exhibit (Affidavit) Declaration of Steven J. Dutton, #3 Exhibit (Affidavit) Declaration of Glory Dolphin Hammes)(Dutton, Steven) [Transferred from New Hampshire on 11/1/2022.] |
| Filing 4 Assented to MOTION for G. Warren Bleeker to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2237451.) filed by IQAir North America, Inc.. (Attachments: #1 Exhibit (Affidavit) Declaration of G. Warren Bleeker)(Dutton, Steven) [Transferred from New Hampshire on 11/1/2022.] |
| Filing 3 Disclosure Statement by IQAir North America, Inc. disclosing a parent company, no publicly traded company, and no merger agreement. (Dutton, Steven) [Transferred from New Hampshire on 11/1/2022.] |
| Filing 2 Certified Copies of State Court Record. State Court Case No. 226-2022-CV-00084, Hillsborough South County Superior Court(Dutton, Steven) [Transferred from New Hampshire on 11/1/2022.] |
| NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE. Pursuant to Local Rule 81.1(a) and (b), answers and motions filed in the state court will not be considered unless refiled in this court. Please note that all filings in this District must comply with Local Rule 7. The Local Rules and Administrative Procedures for ECF can be downloaded from our website #HERE. (mc) [Transferred from New Hampshire on 11/1/2022.] |
| NOTICE re #1 Notice of Removal - New Case, filed by IQAir North America, Inc. Pursuant to Federal Rules of Civil Procedure and Local Rules, Disclosure Statements must be filed after filing case initiating document. No Disclosure Statement has been filed. File Disclosure Statement using the Other Documents/Disclosure Statement event. IQAir North America, Inc. shall file a disclosure statement by March 14, 2022. Disclosure Statement due 4/14/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(mc) [Transferred from New Hampshire on 11/1/2022.] |
| NOTICE re #1 Notice of Removal - New Case, filed by IQAir North America, Inc. LR 7.1.1. In removal actions, a nongovernmental corporate plaintiff, partnership plaintiff, or LLC plaintiff must file a disclosure statement within twenty-one (21) days from the date the notice of removal is filed or with its first appearance, pleading, petition, motion, response, objection, or request, whichever is filed sooner. File Disclosure Statement using the Other Documents/Disclosure Statement event. New Angle LLC shall file a disclosure statement by March 28, 2022. Disclosure Statement due 4/28/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(mc) [Transferred from New Hampshire on 11/1/2022.] |
| Case assigned to Judge Paul J. Barbadoro. The case designation is: 1:22-cv-113-PB. Please show this number with the judge designation on all future pleadings. (mc) [Transferred from New Hampshire on 11/1/2022.] |
| Filing 1 NOTICE OF REMOVAL with Jury Demand from Hillsborough County Superior Court South, case number 226-2022-CV-00084 (filing fee $402, receipt number ANHDC-2234672) filed by IQAir North America, Inc.. Answer Follow Up on 4/26/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). State Court Record Follow Up 4/19/2022. (Attachments: #1 Exhibit Complaint, #2 Exhibit Notice to Counsel, #3 Exhibit Notice to State Court, #4 Exhibit Civil Cover Sheet)(Dutton, Steven) [Transferred from New Hampshire on 11/1/2022.] |
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