Life Alert Emergency Response, Inc. v. Excelsis Investments, Inc. et al
| Life Alert Emergency Response, Inc. |
| HSNi, LLC, Excelsis Investments, Inc., HSN, Inc., Excelsis Investments, Inc. doing business as Stealth Technologies, Inc. and Stealth Technologies, Inc. |
| 1:2018cv00833 |
| June 1, 2018 |
| US District Court for the District of Delaware |
| Wilmington Office |
| New Castle |
| Vacant Judgeship (2017) |
| Christopher J Burke |
| Colm F Connolly |
| Patent |
| 35 U.S.C. § 271 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 24, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 56 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) D753,089 ;D800,085. (Attachments: #1 Signed Stipulation of Dismissal)(nmf) |
Filing 55
SO ORDERED, re #54 Stipulation of Dismissal filed by Life Alert Emergency Response, Inc., (CASE CLOSED). Signed by Judge Colm F. Connolly on 7/24/2019. (nmf)
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| Filing 54 STIPULATION of Dismissal With Prejudice by Life Alert Emergency Response, Inc.. (Butler, Dennis) |
| Filing 53 NOTICE to Take Deposition of HSN, Inc. Pursuant to Fed. R. Civ. P. 30(b)(6) on July 24, 2019 filed by Life Alert Emergency Response, Inc..(Butler, Dennis) |
| Filing 52 NOTICE to Take Deposition of HSNi, LLC Pursuant to Fed. R. Civ. P. 30(b)(6) on July 23, 2019 filed by Life Alert Emergency Response, Inc..(Butler, Dennis) |
| Filing 51 NOTICE to Take Deposition of Excelsis Investments, Inc. d/b/a Stealth Technologies, Inc. Pursuant to Fed. R. Civ. P. 30(b)(6) on July 18, 2019 filed by Life Alert Emergency Response, Inc..(Butler, Dennis) |
| Filing 50 NOTICE to Take Deposition of Brian McFadden on July 17, 2019 filed by Life Alert Emergency Response, Inc..(Butler, Dennis) |
| Filing 49 NOTICE OF SERVICE of (1) HSNi, LLC's Objections and Responses to Plaintiff's Third Set of Requests for the Production of Documents and Things (No. 7) and (2) HSN, Inc.'s Objections and Responses to Plaintiff's Third Set of Requests for the Production of Documents and Things (No. 7) filed by HSN, Inc., HSNi, LLC.(Haga, Taylor) |
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SO ORDERED, re #46 MOTION for Pro Hac Vice Appearance of Attorney Samantha L. Plummer filed by Excelsis Investments, Inc. Signed by Judge Colm F. Connolly on 5/21/2019. (fms)
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| Filing 48 NOTICE OF SERVICE of true and correct copies of (1) Plaintiff's Third Set of Requests for Production to Defendant HSNI, LLC and (2) Plaintiff's Third Set of Requests for Production to Defendant HSN, Inc. filed by Life Alert Emergency Response, Inc..(Butler, Dennis) |
| Filing 47 NOTICE OF SERVICE of a true and correct copy of Plaintiff's Third Set of Requests for Production to Defendant Excelsis Investments, Inc. filed by Life Alert Emergency Response, Inc..(Butler, Dennis) |
| Filing 46 MOTION for Pro Hac Vice Appearance of Attorney Samantha L. Plummer - filed by Excelsis Investments, Inc.. (Wilcox, Scott) |
| Minute Entry for proceedings held before Judge Christopher J. Burke - Settlement Teleconference held on 4/1/2019. (dlb) |
| CORRECTING ENTRY: Letter to Judge Christopher Burke from Scott G. Wilcox regarding Request to be Excused from Attending Mediation at D.I. 46 filed on 3/19 has been removed from the docket in accordance with Standing Order dated January 20, 2016 which states that any communications regarding theADR/mediation process are not to be e-filed or docketed. (dlb) |
| Filing 45 NOTICE requesting Clerk to remove Jennifer A. Ward as co-counsel. Reason for request: No longer with firm. (Ward, Jennifer) |
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Filing 44
ORDER Setting Mediation Conferences A Mediation Conference is set for 4/9/2019 at 10:00 AM in Courtroom 2A before Judge Christopher J. Burke. Signed by Judge Christopher J. Burke on 2/15/2019. (dlb)
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| Filing 43 NOTICE of Defendant Excelsis Investments, Inc.'s Compliance With Order Entered on February 5, 2019 by Excelsis Investments, Inc. re #40 Order, (Wilcox, Scott) |
| Filing 42 NOTICE of Documents Regarding Discovery Dispute by Excelsis Investments, Inc. re #41 Notice (Other), (Attachments: #1 Exhibit A)(Wilcox, Scott) |
| Filing 41 NOTICE of Notice of Filing Defenants' Excelsis Investments, Inc., Stealth Technologies, Inc., HSNi LLC and HSN Inc. in referenence to Discovery Dispute by Excelsis Investments, Inc., HSN, Inc., HSNi, LLC, Stealth Technologies, Inc. (Attachments: #1 Exhibit A, #2 Certificate of Compliance Certificate of Service)(Wilcox, Scott) |
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Filing 40
ORDER re #39 Letter. Plaintiffs' request is hereby GRANTED and it is ORDERED that Defendant Excelsis Investments, Inc. is compelled to produce documents responsive to Request for Production No. 1 within 1O days. Such documents shall include documents sufficient to corroborate all costs claimed by Defendant Excelsis Investments, Inc. in connection with its acquisition and sale of the Accused Product. Signed by Judge Colm F. Connolly on 2/5/2019. (nmf)
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| The discovery conference set for today, 2/5/2019, at 12:00 p.m. is CANCELLED per D.I. #40 . (nmf) |
| Filing 39 Letter to The Honorable Colm F. Connolly from Dennis J. Butler regarding discovery. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Butler, Dennis) |
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Filing 38
ORDER Setting Mediation Conference: A Telephone Conference is set for 2/11/2019 at 03:45 PM before Judge Christopher J. Burke. Signed by Judge Christopher J. Burke on 1/31/2019. (dlb)
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ORAL ORDER Re-Setting Hearings: The Discovery Conference is rescheduled for 2/5/2019 at 12:00 PM in Courtroom 4B before Judge Colm F. Connolly due to a change in the Court's trial schedule. Ordered by Judge Colm F. Connolly on 1/16/2019. (nmf)
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| Pro Hac Vice Attorney Keith A. Jones for Life Alert Emergency Response, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ceg) |
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SO ORDERED, re #37 MOTION for Pro Hac Vice Appearance of Attorney Keith A. Jones filed by Life Alert Emergency Response, Inc. Signed by Judge Colm F. Connolly on 1/14/2019. (fms)
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| Filing 37 MOTION for Pro Hac Vice Appearance of Attorney Keith A. Jones - filed by Life Alert Emergency Response, Inc.. (Butler, Dennis) |
| Set/Reset Hearings: A Discovery Conference is set per request of counsel for 2/5/2019 at 10:00 AM in Courtroom 4B before Judge Colm F. Connolly. (nmf) |
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SO ORDERED, re #35 MOTION for Pro Hac Vice Appearance of Attorney Robert D. Eckard, Esquire filed by Stealth Technologies, Inc., Excelsis Investments, Inc. Signed by Judge Colm F. Connolly on 12/27/2018. (fms)
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| Filing 36 NOTICE of Withdrawal of Counsel by HSN, Inc., HSNi, LLC (Blumenfeld, Jack) |
| Filing 35 MOTION for Pro Hac Vice Appearance of Attorney Robert D. Eckard, Esquire - filed by Excelsis Investments, Inc., Stealth Technologies, Inc.. (Wilcox, Scott) |
| Filing 34 NOTICE of Appearance by Scott G. Wilcox on behalf of Excelsis Investments, Inc., Stealth Technologies, Inc. (Wilcox, Scott) |
| Filing 33 NOTICE OF SERVICE of (1) Defendant HSNi, LLC's Supplemental Objections and Responses to Plaintiff's First Set of Requests for the Production of Documents and Things (No. 1) and (2) Defendant HSN, LLC's Supplemental Objections and Responses to Plaintiff's First Set of Requests for the Production of Documents and Things (No. 1) filed by HSN, Inc., HSNi, LLC.(Ward, Jennifer) |
| Filing 32 MOTION for Pro Hac Vice Appearance of Attorney Kevin W. Kirsch, Jason P. Grier and Andrew E. Samuels of BAKER & HOSTETLER LLP - filed by HSN, Inc., HSNi, LLC. (Blumenfeld, Jack) |
| Filing 31 NOTICE of Substitution of Counsel by HSN, Inc., HSNi, LLC (Blumenfeld, Jack) |
| Filing 30 NOTICE OF SERVICE of HSN, Inc.'s Objections and Responses to Plaintiff's Second Set of Requests for the Production of Documents and Things (Nos. 2-6) filed by HSN, Inc..(Blumenfeld, Jack) |
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SO ORDERED, re #32 MOTION for Pro Hac Vice Appearance of Attorney Kevin W. Kirsch, Jason P. Grier and Andrew E. Samuels of BAKER & HOSTETLER LLP filed by HSNi, LLC, HSN, Inc. Signed by Judge Colm F. Connolly on 12/4/2018. (fms)
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| Filing 29 NOTICE OF SERVICE of (1) Defendants HSNi, LLC and HSN, Inc.'s Responses and Objections to Plaintiff Life Alert's First Set of Interrogatories (Nos. 1-13); and (2) HSNi, LLC's Objections and Responses to Plaintiff's Second Set of Requests for the Production of Document and Things (Nos. 2-6) filed by HSN, Inc., HSNi, LLC.(Blumenfeld, Jack) |
| Filing 28 NOTICE OF SERVICE of (1) Stealth's Objections and Responses to Plaintiff's First Set of Requests for the Production of Documents and Things (No. 1); (2) Defendant HSNi, LLC's Objections and Responses to Plaintiff's First Set of Requests for the Production of Documents and Things (No. 1); and (3) Defendant HSN, Inc.'s Objections and Responses to Plaintiff's First Set of Requests for the Production of Documents and Things (No. 1) filed by HSN, Inc., HSNi, LLC, Stealth Technologies, Inc..(Kraftschik, Stephen) |
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Filing 27
STIPULATION AND PROTECTIVE ORDER. Signed by Judge Colm F. Connolly on 11/6/2018. (fms)
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| Filing 26 PROPOSED ORDER [Protective Order] by Life Alert Emergency Response, Inc.. (Butler, Dennis) |
| Filing 25 NOTICE OF SERVICE of (1) Initial Disclosures of Defendants HSNi, LLC and HSN, Inc. Pursuant to Fed. R. Civ. P. 26(a)(1); and (2) Initial Disclosures of Defendant Stealth Technologies, Inc. Pursuant to Fed. R. Civ. P. 26(a)(1) filed by HSN, Inc., HSNi, LLC, Stealth Technologies, Inc..(Blumenfeld, Jack) |
| Filing 24 NOTICE OF SERVICE of a true and correct copy of Plaintiff's Initial Disclosures Pursuant to Federal Rule of Civil Procedure 26(a)(1)(A) filed by Life Alert Emergency Response, Inc..(Butler, Dennis) |
| Filing 23 NOTICE OF SERVICE of true and correct copies of (1) Plaintiff's First Set of Interrogatories to Defendant Excelsis Investments, Inc., (2) Plaintiff's Second Set of Requests for Production to Defendant Excelsis Investments, Inc., (3) Plaintiff's First Set of Interrogatories to Defendants HSNi, LLC and HSN, Inc., (4) Plaintiff's Second Set of Requests for Production to Defendant HSN, LLC, and (5) Plaintiff's Second Set of Requests for Production to Defendant HSNi, LLC filed by Life Alert Emergency Response, Inc..(Butler, Dennis) |
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Filing 22
SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 3/19/2019. Amended Pleadings due by 7/15/2019. Discovery due by 8/30/2019. Dispositive Motions due by 1/30/2020. A Final Pretrial Conference is set for 5/14/2020 at 04:30 PM in Courtroom 4B before Judge Colm F. Connolly. A Jury Trial is set for 6/1/2020 at 09:30 AM in Courtroom 4B before Judge Colm F. Connolly. Signed by Judge Colm F. Connolly on 10/12/2018. (nmf)
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| CASE REFERRED to Magistrate Judge Burke for Mediation. Please see Standing Order dated January 20, 2016, regarding disclosure of confidential ADR communications. A link to the standing order is provided here for your convenience at # http://www.ded.uscourts.gov/general-orders/magistrate-judges-standing-order-adr-mediation (dlb) |
| Filing 21 Letter to The Honorable Colm F. Connolly from Dennis J. Butler regarding [Proposed] Scheduling Order. (Attachments: #1 Text of Proposed Order)(Butler, Dennis) |
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Filing 20
ORDER Setting Mediation Conference: A Telephone Conference is set for 10/29/2018 at 11:00 AM before Judge Christopher J. Burke to discuss ADR. Signed by Judge Christopher J. Burke on 10/11/2018. (dlb)
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Filing 19
ORDER: This matter is being referred to Magistrate Judge Christopher J. Burke for the purposes of exploring the possibility of settlement. Signed by Chief Magistrate Judge Mary Pat Thynge on 10/11/18. (cak)
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| Filing 18 NOTICE OF SERVICE of true and correct copies of (1) Plaintiff's First Set of Requests for Production to Defendant Excelsis Investments, Inc., (2) Plaintiff's First Set of Requests for Production to Defendant HSNi, LLC, and (3) Plaintiff's First Set of Requests for Production to Defendant HSN, Inc. filed by Life Alert Emergency Response, Inc..(Butler, Dennis) |
| Minute Entry for proceedings held before Judge Colm F. Connolly - Scheduling Conference held on 10/10/2018. (Court Reporter V. Gunning.) Counsel to submit the final proposed scheduling order to the Court. (nmf) |
| Filing 17 Letter to The Honorable Colm F. Connolly from Dennis J. Butler regarding [Proposed] Scheduling Order. (Attachments: #1 Text of Proposed Order)(Butler, Dennis) |
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Filing 16
Order Setting In-Person Patent Scheduling Conference: A Scheduling Conference is set for 10/10/2018 at 10:00 AM in Chambers before Judge Colm F. Connolly. Signed by Judge Colm F. Connolly on 9/18/2018. (nmf)
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ORAL ORDER by Judge Colm F. Connolly on 9/10/2018: In light of the reassignment of this case, the Court HEREBY ORDERS that the prior referral to Magistrate Judge Christopher J. Burke is withdrawn, with the exception that any referral to Judge Burke for ADR shall remain in place. (nmf)
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| Case Reassigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. (rjb) |
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ORAL ORDER: IT IS HEREBY ORDERED that the parties shall meet and confer and discuss, in person and/or by telephone, each of the matters listed on Judge Burkes Case Management Checklist (Checklist). Within thirty (30) days from the date of this Order, the parties shall jointly file the following: (I) a copy of the Checklist, indicating the names of Lead Counsel and Delaware Counsel for each party; (ii) a proposed Scheduling Order consistent with Judge Burkes Rule 16 Scheduling Order Patent; and (iii) a letter, not to exceed three pages, that contains the following: (a) a description of what this case is about; (b) the parties positions regarding any disputes in the proposed Scheduling Order, and (c) a list of the three most significant topics (other than Scheduling Order disputes) discussed during the parties review of the Checklist items, along with a brief description as to what was discussed as to those topics. Thereafter, the Court may schedule an in-person Case Management Conference/Rule 16 Scheduling Conference to be held with Judge Burke. The Checklist and Rule 16 Scheduling Order Patent can be found on this Court's website (http://www.ded.uscourts.gov/judge/magistrate-judge-christopher-j-burke). Ordered by Judge Christopher J. Burke on 8/14/2018. (dlb)
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| Filing 15 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Stealth Technologies, Inc.. (Blumenfeld, Jack) |
| Filing 14 ANSWER to #1 Complaint, by Stealth Technologies, Inc..(Blumenfeld, Jack) |
| Filing 13 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent HSN, Inc. for HSNi, LLC; Corporate Parent Qurate Retail, Inc. for HSN, Inc. filed by HSN, Inc., HSNi, LLC. (Blumenfeld, Jack) |
| Filing 12 ANSWER to #1 Complaint, by HSN, Inc., HSNi, LLC.(Blumenfeld, Jack) |
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SO ORDERED D.I. #11 STIPULATION TO EXTEND TIME for defendants to move, answer, or otherwise respond to the Complaint to August 13, 2018 filed by HSNi, LLC, Excelsis Investments, Inc., HSN, Inc. Ordered by Judge Christopher J. Burke on 8/6/2018. (dlb)
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| Filing 11 STIPULATION TO EXTEND TIME for defendants to move, answer, or otherwise respond to the Complaint to August 13, 2018 - filed by Excelsis Investments, Inc., HSN, Inc., HSNi, LLC. (Blumenfeld, Jack) |
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SO ORDERED D.I. #10 STIPULATION TO EXTEND TIME for Defendants to Move, Answer, or Otherwise Respond to the Complaint to August 6, 2018 filed by HSNi, LLC, Excelsis Investments, Inc., HSN, Inc. Ordered by Judge Christopher J. Burke on 626/2018. (dlb)
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| Filing 10 STIPULATION TO EXTEND TIME for Defendants to Move, Answer, or Otherwise Respond to the Complaint to August 6, 2018 - filed by Excelsis Investments, Inc., HSN, Inc., HSNi, LLC. (Blumenfeld, Jack) |
| Filing 9 Return of Service Executed by Life Alert Emergency Response, Inc.. HSN, Inc. served on 6/14/2018, answer due 7/5/2018. (Simmons, John) |
| Filing 8 Return of Service Executed by Life Alert Emergency Response, Inc.. HSNi, LLC served on 6/14/2018, answer due 7/5/2018. (Simmons, John) |
| Filing 7 Return of Service Executed by Life Alert Emergency Response, Inc.. Excelsis Investments, Inc. served on 6/12/2018, answer due 7/3/2018. (Simmons, John) |
| Summons Issued with Magistrate Consent Notice attached as to HSNi, LLC on 6/11/2018. (ceg) |
| Case Assigned to Vacant Judgeship (2017). Please include initials of VAC after the case number on all documents filed. (rjb) |
| CASE REFERRED to Magistrate Judge Christopher J. Burke. (This matter has been assigned to the Vacant Judgeship and referred to a Magistrate Judge for handling through case-dispositive motions. The Magistrate Judge has full authority permitted by law to manage this matter, including entering schedules through trial, deciding non-dispositive matters and making recommendations as to the resolution of dispositive matters. Litigants and counsel are reminded that they have the option of consenting to the Magistrate Judge to handle the case in full, including trial, or consenting to having a particular motion resolved by the Magistrate Judge.) (rjb) |
| REMARK: If the parties jointly consent to have a Magistrate Judge conduct all proceedings in this case, including trial, then when Judge Burke enters a case schedule he will enter the respective pre-trial conference and trial dates onto his calendar and will honor them. Otherwise, in accordance with the District Court's procedures for "Assignment of Cases to Visiting Judges" (issued on May 26, 2017 and available on the District Court's website), then upon the filing of a case-dispositive motion (e.g., a motion to dismiss, a motion for judgment on the pleadings, a motion for summary judgment, or initiation of the claim construction process in a patent case), VAC cases will be considered ready for reassignment to a visiting District Judge. Whether the pre-trial conference and trial dates will stand after reassignment will depend on the availability of those dates on the visiting District Judge's calendar. (dlb) |
| REMARK: The parties should be aware that the Court encourages the participation of newer attorneys in courtroom proceedings and at oral argument. Please see the Court's Standing Order Regarding Courtroom Opportunities for Newer Attorneys, a link to which is provided here for the parties' convenience:#http://www.ded.uscourts.gov/sites/default/files/forms/StandingOrder2017.pdf (dlb) |
| Remark: Summons mailed (jcs) |
| Filing 6 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Life Alert Emergency Response, Inc.. (Simmons, John) |
| Filing 5 NOTICE of Appearance by Dennis James Butler on behalf of Life Alert Emergency Response, Inc. (Butler, Dennis) |
| Filing 4 Report to the Register of Copyrights for Copyright Number(s)TX 8-437-495. (jcs) |
| Filing 3 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) D753,089 ;D800,085. (jcs) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (jcs) |
| Filing 1 COMPLAINT filed with Jury Demand against Excelsis Investments, Inc., HSN, Inc., HSNi, LLC - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-239139.) - filed by Life Alert Emergency Response, Inc.. (Attachments: #1 Exhibit A-G, #2 Civil Cover Sheet)(jcs) |
| Summons Issued with Magistrate Consent Notice attached as to Excelsis Investments, Inc. on 6/1/2018; HSN, Inc. on 6/1/2018. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (jcs) |
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