Essity Professional Hygiene v. Cascades Canada ULC
| UNITED STATES |
| ESSITY PROFESSIONAL HYGIENE NORTH AMERICA LLC |
| CASCADES CANADA ULC |
| 19-1742 |
| April 4, 2019 |
| U.S. Court of Appeals, Federal Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
|---|
| ESSITY PROFESSIONAL HYGIENE v. CASCADES CANADA ULC |
Docket Report
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This docket was last retrieved on October 16, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 81 The petition for writ of certiorari, No. 20-131, filed on 07/24/2020, was Denied on 10/13/2020. [729277] [19-1736, 19-1742] [JAB] [Entered: 10/16/2020 09:48 AM] |
| Filing 80 Petition for writ of Certiorari filed on 07/24/2020, and placed on the docket 08/07/2020, in the Supreme Court of the United States. Supreme Court #: 20-131, Essity Hygiene and Health AB v. Cascades Canada ULC, et al. [713826] [19-1736, 19-1742] [JAB] [Entered: 08/10/2020 04:12 PM] |
| Filing 79 Mandate issued to the United States Patent and Trademark Office. Service as of this date by the Clerk of Court. [701051] [JAB] [Entered: 06/15/2020 11:18 AM] |
| Filing 78 Bill of Costs for Appellee Cascades Canada ULC. Service: 05/22/2020 by email. [696592] [19-1742] [Rudolph Telscher] [Entered: 05/22/2020 01:38 PM] |
| Filing 77 JUDGMENT. AFFIRMED. Terminated on the merits after submission on the briefs. COSTS: Costs taxed against Appellant(s). Mandate to issue in due course. For information regarding costs, petitions for rehearing, and petitions for writs of certiorari click # here . [693051] [JAB] [Entered: 05/08/2020 09:58 AM] |
| Filing 76 OPINION filed for the court by Prost, Chief Judge; Mayer, Circuit Judge and Dyk, Circuit Judge. Nonprecedential Opinion. [693050] [JAB] [Entered: 05/08/2020 09:57 AM] |
| Filing 75 Submitted ON THE BRIEFS. Panel: Judge: Prost, Judge: Mayer , Judge: Dyk. [692764] [JCP] [Entered: 05/07/2020 10:43 AM] |
Filing 74
ORDER filed. The oral argument scheduled for May 7, 2020, is canceled. The appeals will be submitted on the briefs without oral argument on that date. By: Merits Panel (Per Curiam). Service as of this date by the Clerk of Court. [686630] [19-1736, 19-1742] [JAB] [Entered: 04/14/2020 08:29 AM]
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| Filing 73 NOTICE OF ORAL ARGUMENT. Panel: 2005J. Case scheduled May 7, 2020 10:00 a.m. at the United States Court of Appeals for the Federal Circuit (Howard T. Markey National Courts Building, 717 Madison Place, NW Washington, DC 20439), Courtroom 201. Response to Notice of Oral Argument due: 04/15/2020. Please review the attached Notice. The response to notice of oral argument form can be found # here . The Oral Argument Guide can be found # here . [680480] [JAB] [Entered: 03/20/2020 11:57 AM] |
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Filing 72
ORDER granting motion to treat as companion case [ # 671220-2 ]. Appeal Nos. 2019-1736, -1741 shall be considered companions to Appeal No. 2019-1742 and assigned to the same merits panel. Service as of this date by the Clerk of Court. [675175] [19-1736, 19-1742] [NL] [Entered: 02/28/2020 01:26 PM]
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| Filing 71 The following conflict dates submitted by Martin Jay Black for Essity Professional Hygiene North America LLC have been accepted by the court: 04/09/2020, 04/10/2020. [672359] [MJL] [Entered: 02/19/2020 11:53 AM] |
| Filing 70 Notice from Appellant Essity Professional Hygiene North America LLC regarding conflicts with oral argument. Service: 02/14/2020 by email. [671635] [19-1742] [Martin Black] [Entered: 02/14/2020 03:35 PM] |
| Filing 69 Notice from Appellant Essity Professional Hygiene North America LLC regarding conflicts with oral argument. Service: 02/14/2020 by email. [671605] [19-1742] [Stephen Rabinowitz] [Entered: 02/14/2020 03:03 PM] |
| Filing 68 The following conflict dates submitted by Attorney Rudolph A. Telscher, Jr. for Appellee Cascades Canada ULC have been accepted by the court: 08/03/2020, 08/04/2020, 08/05/2020, 08/06/2020, 08/07/2020. [665320] [JAB] [Entered: 01/23/2020 08:22 AM] |
| Filing 67 The following conflict dates submitted by Attorney Martin Jay Black for Appellant Essity Professional Hygiene North America LLC have been accepted by the court: 04/10/2020. [665318] [JAB] [Entered: 01/23/2020 08:20 AM] |
| Filing 66 Certificate of Compliance with Fed. Cir. R. 17 (Agency) for Appellee Cascades Canada ULC. Service: 01/22/2020 by email. [665272] [19-1742] [Rudolph Telscher] [Entered: 01/22/2020 05:36 PM] |
| Filing 65 Notice from Appellee Cascades Canada ULC regarding conflicts with oral argument. Service: 01/22/2020 by email. [665266] [19-1742] [Rudolph Telscher] [Entered: 01/22/2020 05:30 PM] |
| Filing 64 Notice from Appellant Essity Professional Hygiene North America LLC regarding conflicts with oral argument. Service: 01/22/2020 by email. [665208] [19-1742] [Martin Black] [Entered: 01/22/2020 04:27 PM] |
| Filing 63 6 paper copies of the Joint Appendix [ # 55 ] received from Appellant Essity Professional Hygiene North America LLC and Appellee Cascades Canada ULC. [664248] [CJF] [Entered: 01/17/2020 03:05 PM] |
| Filing 62 6 paper copies of the Reply Brief [ # 46 ] received from Appellant Essity Professional Hygiene North America LLC. [664246] [CJF] [Entered: 01/17/2020 03:04 PM] |
| Filing 61 6 paper copies of the Opening Response Brief [ # 44 ] received from Appellee Cascades Canada ULC. [664245] [CJF] [Entered: 01/17/2020 03:03 PM] |
| Filing 60 Certificate of Compliance with Fed. Cir. R. 17 (Agency) for Appellant Essity Professional Hygiene North America LLC. Service: 01/16/2020 by email. [663853] [19-1742] [Stephen Rabinowitz] [Entered: 01/16/2020 02:22 PM] |
| Filing 59 6 paper copies of the Opening Brief [ # 37 ] received from Appellant Essity Professional Hygiene North America LLC. [663837] [CJF] [Entered: 01/16/2020 02:06 PM] |
| Filing 58 Notice to Advise of Scheduling Conflicts. Arguing counsel must advise of, and show good cause for, any scheduling conflicts during the upcoming court session months listed in the attached notice. The Response to Notice to Advise of Scheduling Conflicts can be found # here . The Oral Argument Guide can be found # here . [663165] [JAL] [Entered: 01/15/2020 10:50 AM] |
| Filing 57 Outstanding paper copies of all briefs and appendices must be submitted within five business days from the date of issuance of this notice. See Fed. Cir. R. 25(c)(1). [663164] [JAL] [Entered: 01/15/2020 10:50 AM] |
| Filing 56 Notice to counsel: The record of this case indicates that the Certificate of Compliance with Fed. Cir. R. 17(f) has not been filed. IF any portion of the record in the agency is subject to a protective order, counsel should promptly file the appropriate Certificate of Compliance using the Cert of Compliance - Protective Order event. Service as of this date by the Clerk of Court. [663159] [JAL] [Entered: 01/15/2020 10:48 AM] |
| Filing 55 MODIFIED ENTRY: JOINT APPENDIX FILED for Appellant Essity Professional Hygiene North America LLC and Appellee Cascades Canada ULC. Number of Pages: 337. Service: 12/02/2019 by email. [653162] --[Edited 01/15/2020 by JAL - Compliance review complete] [Martin Black] [Entered: 12/02/2019 01:25 PM] |
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Filing 54
ORDER filed denying [ # 45 ] [ # 49 ] motions. The stay is lifted. The joint appendix is due no later than 7 days from the date of filing of this order. Service as of this date by the Clerk of Court. [652213] [LMS] [Entered: 11/25/2019 03:55 PM]
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| Filing 53 REPLY of Appellant Essity Professional Hygiene North America LLC to response [ # 52 ]. Service: 11/25/2019 by email. [652071] [19-1742] [Stephen Rabinowitz] [Entered: 11/25/2019 12:02 PM] |
| Filing 52 RESPONSE of Appellee Cascades Canada ULC to the motion to terminate appeal [ # 45 ] filed by Appellants Essity Professional Hygiene North America LLC and Essity Professional Hygiene North America LLC. Service: 11/21/2019 by email. [651358] [19-1742] [Rudolph Telscher] [Entered: 11/21/2019 02:58 PM] |
| Filing 51 Entry of appearance for Scott R. McIntosh as of counsel for United States. Service: 11/18/2019 by email. [650125] [19-1742] [Scott McIntosh] [Entered: 11/18/2019 01:19 PM] |
| Filing 50 Entry of appearance for Courtney L. Dixon as of counsel for United States. Service: 11/15/2019 by email. [649674] [19-1742] [Courtney Dixon] [Entered: 11/15/2019 02:08 PM] |
| Filing 49 MODIFIED ENTRY: MOTION of United States for stay of proceedings or, in the alternative, extension of time [Consent: unopposed]. Service: 11/15/2019 by email. [649669]--[Edited 11/18/2019 by MJL to correct relief] [Courtney Dixon] [Entered: 11/15/2019 01:42 PM] |
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Filing 48
ORDER Notice of Essity's constitutional challenge [ # 45 ] is hereby certified to the Attorney General. The United States' request to intervene and any response by the United States and Cascades to the motion is due no later than ten days from the date of filing of this order. Any reply in support of the motion is due no later than five days thereafter. The briefing schedule is stayed. See Fed. Cir. R. 31(c). Service as of this date by the Clerk of Court. [649348] [LMS] [Entered: 11/14/2019 02:11 PM]
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| Filing 47 CLERK'S OFFICE QUALITY CONTROL MESSAGE: Appellant's motion [ # 45 ] did not include a certificate of compliance. CORRECTION: Pursuant to FRAP 32(g)(1), motions must contain a certificate of compliance with the word count. Please ensure future motions satisfy this requirement. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. [649142] [MJL] [Entered: 11/14/2019 08:34 AM] |
| Filing 46 MODIFIED ENTRY: REPLY BRIEF FILED for Appellant Essity Professional Hygiene North America LLC. Number of Pages: 26. Service: 11/13/2019 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [649103] --[Edited 01/14/2020 by JAL - Compliance review complete] [Martin Black] [Entered: 11/13/2019 05:03 PM] |
| Filing 45 MODIFIED ENTRY: MOTION of Essity Professional Hygiene North America LLC to vacate and remand. [Consent: opposed]. Service: 11/13/2019 by email. [649087]--[Edited 11/14/2019 by MJL to correct relief] [Stephen Rabinowitz] [Entered: 11/13/2019 04:24 PM] |
| Filing 44 MODIFIED ENTRY: BRIEF FILED for Appellee Cascades Canada ULC. Number of Pages: 58. Service: 10/23/2019 by email. [644287]--[Edited 11/13/2019 by MMA - Reason: compliance review complete] [Rudolph Telscher] [Entered: 10/23/2019 05:46 PM] |
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Filing 43
ORDER granting motion to withdraw party [ # 42 ] filed by Intervenor US. The revised official caption is reflected in the order. Service as of this date by the Clerk of Court. [638247] [LMS] [Entered: 09/25/2019 03:33 PM]
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| Filing 42 MOTION of Intervenor US to withdraw party, United States, as a party to this appeal [Consent: unopposed]. Service: 09/04/2019 by email. [633093] [19-1742] [Dennis Fan] [Entered: 09/04/2019 02:43 PM] |
| Filing 41 **TEXT ONLY** ORDER granting motion to extend time to file brief [ # 40 ] filed by Appellee Cascades Canada ULC. The response brief is due 10/23/2019. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [632855] [MMA] [Entered: 09/03/2019 04:27 PM] |
| Filing 40 MOTION of Appellee Cascades Canada ULC to extend the time to 10/23/2019 to file the answering brief. [Consent: unopposed]. Service: 09/03/2019 by email. [632826] [19-1742] [Rudolph Telscher] [Entered: 09/03/2019 03:51 PM] |
| Filing 39 Docketing Statement for the Intervenor US. Service: 08/21/2019 by email. [629801] [19-1742] [Dennis Fan] [Entered: 08/21/2019 10:18 AM] |
| Filing 38 MODIFIED ENTRY: Entry of appearance for Dennis Fan as principal counsel for Intervenor US. Service: 08/19/2019 by email. [629351]--[Edited 08/21/2019 by JCA - Reason: to correct filing event] [Dennis Fan] [Entered: 08/19/2019 03:39 PM] |
| Filing 37 MODIFIED ENTRY: BRIEF FILED for Appellant Essity Professional Hygiene North America LLC. Number of Pages: 31. Service: 08/14/2019 by email. [628192]--[Edited 08/16/2019 by MMA - Reason: compliance review complete] [Martin Black] [Entered: 08/14/2019 01:22 PM] |
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Filing 36
ORDER filed. The revised official caption is reflected in the order. The US' Docketing Statement is due 09/11/2019. Service as of this date by the Clerk of Court. [627527] [MMA] [Entered: 08/12/2019 10:23 AM]
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| Filing 35 MODIFIED ENTRY: Notice of Intervention from United States. Service: 08/02/2019 by email. [625755]--[Edited 08/05/2019 by JCA - Reason: to correct filing event] [Dennis Fan] [Entered: 08/02/2019 03:04 PM] |
| Filing 34 Entry of appearance for Dennis Fan as principal counsel for United States. Service: 08/02/2019 by email. [625752] [19-1742] [Dennis Fan] [Entered: 08/02/2019 03:03 PM] |
| Filing 33 CLERK'S OFFICE QUALITY CONTROL MESSAGE: re: motion to extend time to file brief Docket No. [ # 31 ], ERROR: The cover of Appellant's motion does not use the official caption. CORRECTION: The official caption and short caption for this appeal can be found on the docket report. Please ensure future filings use the correct caption where appropriate. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. [619495] [MMA] [Entered: 07/08/2019 12:38 PM] |
| Filing 32 **TEXT ONLY** ORDER granting motion to extend time to file brief [ # 31 ] filed by Appellant Essity Professional Hygiene North America LLC. Appellant's brief is due 08/14/2019. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [619494] [MMA] [Entered: 07/08/2019 12:35 PM] |
| Filing 31 MOTION of Appellant Essity Professional Hygiene North America LLC to extend the time to 08/14/2019 to file the Appellant's Opening Brief. [Consent: unopposed]. Service: 07/03/2019 by email. [618821] [19-1742] [Stephen Rabinowitz] [Entered: 07/03/2019 10:21 AM] |
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Filing 30
ORDER filed. Notice of Essity's constitutional challenge [ # 19 ] is hereby certified to the Attorney General. No later than 30 days from the date of filing of this order, the Attorney General is directed to inform this court whether the United States intends to intervene in this appeal. Essity's opening brief remains due no later than July 15, 2019. The response briefs are due no later than 40 days thereafter or 40 days from the date the Attorney General informs this court of his decision whether to intervene, whichever is later. Service: 07/03/2019 by clerk. [618771] [LMS] [Entered: 07/03/2019 07:38 AM]
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| Filing 29 CLERK'S OFFICE QUALITY CONTROL MESSAGE: re: certificate of interest Docket No. [ # 28 ], ERROR: Appellant's certificate of interest (COI) does not appear to be different than the previously filed COI. CORRECTION: Pursuant to FCR 47.4(c), the COI should only be filed again if the required information changes. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. [615653] [MMA] [Entered: 06/19/2019 04:54 PM] |
| Filing 28 Certificate of Interest for Appellant Essity Professional Hygiene North America LLC. Service: 06/19/2019 by email. [615552] [19-1742] [Kevin Flannery] [Entered: 06/19/2019 01:55 PM] |
| Filing 27 Entry of appearance for Kevin M. Flannery as of counsel for Appellant Essity Professional Hygiene North America LLC. Service: 06/19/2019 by email. [615551] [19-1742] [Kevin Flannery] [Entered: 06/19/2019 01:53 PM] |
| Filing 26 **TEXT ONLY** ORDER granting motion to withdraw attorneys Kevin W. Kirsch, David A. Mancino, and John F. Murphy [ # 23 ] filed by Appellant Essity Professional Hygiene North America LLC. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [614603] [MMA] [Entered: 06/17/2019 10:36 AM] |
| Filing 25 Certificate of Interest for Appellant Essity Professional Hygiene North America LLC. Service: 06/14/2019 by email. [614424] [19-1742] [Martin Black] [Entered: 06/14/2019 04:25 PM] |
| Filing 24 Entry of appearance for Martin Jay Black as principal counsel for Appellant Essity Professional Hygiene North America LLC. Service: 06/14/2019 by email. [614405] [19-1742] [Martin Black] [Entered: 06/14/2019 04:05 PM] |
| Filing 23 MOTION of Appellant Essity Professional Hygiene North America LLC to withdraw counsel Kevin W. Kirsch, David A. Mancino, John F. Murphy [Consent: unopposed]. Service: 06/14/2019 by email. [614224] [19-1742] [Kevin Kirsch] [Entered: 06/14/2019 11:56 AM] |
| Filing 22 Certificate of Interest for the Appellant Essity Professional Hygiene North America LLC. Service: 06/12/2019 by email. [613684] [19-1742] [Stephen Rabinowitz] [Entered: 06/12/2019 04:55 PM] |
| Filing 21 Entry of appearance for Mitchell E. Epner as of counsel for Appellant Essity Professional Hygiene North America LLC. Service: 06/12/2019 by email. [613680] [19-1742] [Mitchell Epner] [Entered: 06/12/2019 04:50 PM] |
| Filing 20 Entry of appearance for Stephen S. Rabinowitz as of counsel for Appellant Essity Professional Hygiene North America LLC. Service: 06/12/2019 by email. [613676] [19-1742] [Stephen Rabinowitz] [Entered: 06/12/2019 04:44 PM] |
| Filing 19 Notice of Constitutional Challenge to Federal Statute for Appellant Essity Professional Hygiene North America LLC. Service: 05/14/2019 by email. [607252] [19-1742] [Kevin Kirsch] [Entered: 05/14/2019 03:41 PM] |
| Filing 18 Certified list from the United States Patent and Trademark Office. Service: 05/14/2019 by email. Appellant's brief is due 07/15/2019. [607188] [MMA] [Entered: 05/14/2019 01:46 PM] |
| Filing 17 Corrected Entry of appearance for John F. Murphy as of counsel for Appellant Essity Professional Hygiene North America LLC. Service: 04/18/2019 by email. [601456] [19-1742] [John Murphy] [Entered: 04/18/2019 05:56 PM] |
| Filing 16 Docketing Statement for the Appellant Essity Professional Hygiene North America LLC. Service: 04/18/2019 by email. [601451] [19-1742] [Kevin Kirsch] [Entered: 04/18/2019 05:19 PM] |
| Filing 15 Certificate of Interest for the Appellant Essity Professional Hygiene North America LLC. Service: 04/18/2019 by email. [601449] [19-1742] [Kevin Kirsch] [Entered: 04/18/2019 05:17 PM] |
| Filing 14 Certificate of Interest for the Appellant Essity Professional Hygiene North America LLC. Service: 04/18/2019 by email. [601436] [19-1742] [Kevin Kirsch] [Entered: 04/18/2019 05:02 PM] |
| Filing 13 Corrected Certificate of Interest for the Appellee Cascades Canada ULC. Service: 04/18/2019 by clerk. [601435] [19-1742] [Rudolph Telscher] [Entered: 04/18/2019 05:02 PM] |
| Filing 12 NOTICE OF NON-COMPLIANCE: The submission of Appellee Cascades Canada ULC, Certificate of Interest [ # 6 ], is not in compliance with the rules of this court (see attached). Compliant document due on 04/25/2019. Service as of this date by the Clerk of Court.[601404] [MMA] [Entered: 04/18/2019 04:15 PM] |
| Filing 11 NOTICE OF NON-COMPLIANCE: The submission of Appellant Essity Professional Hygiene North America LLC, Entry of Appearance - J. Murphy [ # 4 ], is not in compliance with the rules of this court (see attached). Compliant document due on 04/25/2019. Service as of this date by the Clerk of Court.[601399] [MMA] [Entered: 04/18/2019 04:12 PM] |
| Filing 10 Entry of appearance for Daisy Manning as of counsel for Appellee Cascades Canada ULC. Service: 04/18/2019 by clerk. [601279] [19-1742] [Daisy Manning] [Entered: 04/18/2019 01:07 PM] |
| Filing 9 Entry of appearance for Michael R. Annis as of counsel for Appellee Cascades Canada ULC. Service: 04/18/2019 by clerk. [601278] [19-1742] [Michael Annis] [Entered: 04/18/2019 01:04 PM] |
| Filing 8 Entry of appearance for Kara R. Fussner as of counsel for Appellee Cascades Canada ULC. Service: 04/18/2019 by clerk. [601277] [19-1742] [Kara Fussner] [Entered: 04/18/2019 01:01 PM] |
| Filing 7 Docketing Statement for the Appellee Cascades Canada ULC. Service: 04/18/2019 by clerk. [601276] [19-1742] [Rudolph Telscher] [Entered: 04/18/2019 12:58 PM] |
| Filing 6 Certificate of Interest for the Appellee Cascades Canada ULC. Service: 04/18/2019 by clerk. [601275] [19-1742] This document is non-compliant. See Doc. No. [ # 12 ] [Rudolph Telscher] [Entered: 04/18/2019 12:57 PM] |
| Filing 5 Entry of appearance for Rudolph A. Telscher, Jr. as principal counsel for Appellee Cascades Canada ULC. Service: 04/18/2019 by clerk. [601273] [19-1742] [Rudolph Telscher] [Entered: 04/18/2019 12:55 PM] |
| Filing 4 Entry of appearance for John F. Murphy as of counsel for Appellant Essity Professional Hygiene North America LLC. Service: 04/18/2019 by email. [601259] [19-1742] This document is non-compliant. See Doc. No. [ # 11 ] [John Murphy] [Entered: 04/18/2019 12:21 PM] |
| Filing 3 Entry of appearance for David A. Mancino as of counsel for Appellant Essity Professional Hygiene North America LLC. Service: 04/18/2019 by email. [601249] [19-1742] [David Mancino] [Entered: 04/18/2019 12:07 PM] |
| Filing 2 Entry of appearance for Kevin W. Kirsch as principal counsel for Appellant Essity Professional Hygiene North America LLC. Service: 04/18/2019 by email. [601238] [19-1742] [Kevin Kirsch] [Entered: 04/18/2019 11:51 AM] |
| Filing 1 Appeal docketed. Received: 04/04/2019. [597929] Entry of Appearance due 04/18/2019. Certificate of Interest is due on 04/18/2019. Docketing Statement due 04/18/2019. Certified List due on 05/14/2019. [MMA] [Entered: 04/04/2019 03:27 PM] |
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