REFRESCO BEVERAGES US, INC. v. CALIFORMULATIONS, LLC et al
| Refresco Beverages US Inc. and REFRESCO BEVERAGES US INC |
| Symrise, Inc., Dana Klaybor, Wanda Jackson, Kaleena Gee, Edmund O. O'Keeffe, Jason Pontes, Tyrone Polhamus, Khan Ly, Califormulations, LLC, 6003 Holdings, LLC, The Green Organic Dutchman Holdings, Ltd., CALIFORMULATIONS LLC, GREEN ORGANIC DUTCHMAN HOLDINGS LLC, 6003 HOLDINGS LLC, EDMUND O O'KEEFFE and SYMRISE INC |
| 4:2020cv00181 |
| August 3, 2020 |
| US District Court for the Middle District of Georgia |
| CLAY D LAND |
| Other Statutory Actions |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 5, 2023. A more recent docket listing may be available from PACER.
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Filing 54
MOTION to Dismiss for Lack of Jurisdiction by GREEN ORGANIC DUTCHMAN HOLDINGS LLC filed by SCOTT GILBERT BLEWS. (Attachments: #1 Memorandum in Support of Motion to Dismiss, #2 Exhibit 1 - Affidavit of Sean Bovingdon in Support of Motion to Dismiss, #3 Exhibit 2 - Affidavit of Matt Schmidt in Support of Motion to Dismiss)(BLEWS, SCOTT)
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Filing 53
NOTICE of Attorney Appearance by SCOTT GILBERT BLEWS on behalf of GREEN ORGANIC DUTCHMAN HOLDINGS LLC Attorney SCOTT GILBERT BLEWS added to party GREEN ORGANIC DUTCHMAN HOLDINGS LLC(pty:dft)(BLEWS, SCOTT)
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Filing 52
SEALED DOCUMENT (tlf).
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Filing 51
This is a text only entry; no document issued. ORDER granting #47 Motion to Seal Document. The individual defendants may file under seal the document referenced in their motion. Ordered by US DISTRICT JUDGE CLAY D LAND on 10/01/2020 (CCL)
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Filing 50
Corporate Disclosure Statement by SYMRISE, INC. identifying Symrise Holding, Inc. as an other affiliate (MOORE, PATRICK) Modified on 10/1/2020 (tlf).
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Filing 49
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by SYMRISE INC filed by PATRICK B MOORE. (Attachments: #1 Memorandum in Support Memorandum of Law in Support of Symrise Inc.'s Motion to Dismiss, #2 Affidavit Declaration of Symrise counsel David Cook in support of Mtn to Dismiss, #3 Exhibit Ex. A to Cook Aff - Refresco Website, #4 Exhibit Ex. B to Cook Aff - GA Superior Court Amended Complaint, #5 Exhibit Ex. C to Cook Aff - Slide, #6 Exhibit Ex. D to Cook Aff - D.N.J. Docket, #7 Required Form Defendants' Joint Request for Oral Argument)(MOORE, PATRICK)
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Filing 48
MOTION to Dismiss Complaint re #1 Complaint,,,, : by 6003 HOLDINGS LLC, CALIFORMULATIONS LLC filed by C MORRIS MULLIN. (Attachments: #1 Memorandum in Support of Motion to Dismiss)(MULLIN, C)
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Filing 47
MOTION to Seal Document(s) by KALEENA GEE, WANDA JACKSON, DANA KLAYBOR, KHAN LY, EDMUND O O'KEEFFE, TYRONE POLHAMUS, JASON PONTES filed by MARY LILLIAN WALKER. (Attachments: #1 Proposed Order [Proposed] Order Regarding Filing Under Seal)(WALKER, MARY)
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Filing 46
MOTION to Dismiss Complaint re #1 Complaint,,,, : by KALEENA GEE, WANDA JACKSON, DANA KLAYBOR, KHAN LY, EDMUND O O'KEEFFE, TYRONE POLHAMUS, JASON PONTES filed by MARY LILLIAN WALKER. (Attachments: #1 Memorandum in Support Brief in Support of Motion to Dismiss of Defendants Edmund O'Keeffe, Tyrone Polhamus, Khanh Ly, Jason Pontes, Dana Klaybor, Kaleena Gee, and Wanda Jackson, #2 Exhibit Exhibit A - Affidavit of Tyrone Polhamus, #3 Exhibit Exhibit B - Pages from Transcript)(WALKER, MARY)
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Filing 45
Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by LAURA SEDLAK (nop)
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Filing 44
PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by SYMRISE INC Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-3564403, $100. LOCAL COUNSEL Name and Georgia Bar #: Patrick B. Moore, 520390. (Attachments: #1 Certificate of Good Standing Certificate of Good Standing)(SEDLAK, LAURA)
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Filing 43
NOTICE Notice of Change of Firm Name and Email Address by KALEENA GEE, WANDA JACKSON, DANA KLAYBOR, KHAN LY, EDMUND O O'KEEFFE, TYRONE POLHAMUS, JASON PONTES (WALKER, MARY)
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Filing 42
Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by DAVID L COOK (nop)
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Notice of Deficiency; Related document: #43 Notice (Other) filed by KHAN LY, KALEENA GEE, TYRONE POLHAMUS, WANDA JACKSON, JASON PONTES, DANA KLAYBOR, EDMUND O O'KEEFFE; Notice to Counsel - Mary Lillian Walker, Kevin H. Hudson, William C. Hayes, and Dawn N. Pettigrew. Your contact information in CM/ECF is not current. Please update your contact information via PACER (tlf).
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Filing 41
PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by SYMRISE INC Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-3561366, $100. (Attachments: #1 Certificate of Good Standing David L. Cook)(COOK, DAVID)
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Filing 40
Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by CHRISTOPHER M CAPARELLI (nop)
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Filing 39
Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by DAVID W R WAWRO (nop)
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Filing 38
PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by GREEN ORGANIC DUTCHMAN HOLDINGS LLC Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-3558434, $100. LOCAL COUNSEL Name and Georgia Bar #: Scott G. Blews, 063390. (Attachments: #1 Certificate of Good Standing)(CAPARELLI, CHRISTOPHER)
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Filing 37
PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by GREEN ORGANIC DUTCHMAN HOLDINGS LLC Attorney Admission Fee (Pro Hac Vice) paid by Receipt # BGAMDC-3558353, $100. LOCAL COUNSEL Name and Georgia Bar #: Scott Blews 063390. (Attachments: #1 Certificate of Good Standing)(WAWRO, DAVID)
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Filing 36
NOTICE of Attorney Appearance by PATRICK B MOORE on behalf of SYMRISE INC Attorney PATRICK B MOORE added to party SYMRISE INC(pty:dft)(MOORE, PATRICK)
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SECOND AND FINAL NOTICE TO COUNSEL DAVID WAWRO, CHRISTOPHER CAPARELLI, DAVID L COOK - Counsel is notified that they do not show in the court records that they meet the required attorney admissions policies of this court. If within 14 days of this notice all requirements, including the payment of Pro Hac Vice or admissions fees, have not been met, a show cause hearing will be scheduled.(nop) Modified on 9/2/2020 removing attorney Hudson from this notice (tlf).
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Filing 35
STIPULATION by KALEENA GEE, WANDA JACKSON, DANA KLAYBOR, KHAN LY, EDMUND O O'KEEFFE, TYRONE POLHAMUS, JASON PONTES (WALKER, MARY)
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Notice of Deficiency; Related document: #35 Stipulation filed by KHAN LY, KALEENA GEE, TYRONE POLHAMUS, WANDA JACKSON, JASON PONTES, DANA KLAYBOR, EDMUND O O'KEEFFE; Pursuant to Local Rule 5.1 Discovery is not filed in the Middle District of Georgia. The CM/ECF procedures manual provides as follows: "Pursuant to Local Rule 5, Disclosures under F.R.Civ.P.(26)(a)(1) or (2) and discovery requests and responses including depositions, interrogatories, requests for production of documents, and requests for admission must not be filed unless they are used in the proceedings or the court orders filing. Neither should notices nor certificates regarding discovery be filed. " (tlf).
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Filing 34
This is a text only entry; no document issued. ORDER granting #32 Motion for Extension of Time to Answer; granting in part and denying in part #32 Motion for Leave to File Excess Pages. The Court finds that all Defendants should have the same deadline for filing responsive pleadings. All Defendants shall answer or otherwise respond to the Complaint by October 1, 2020. Any brief in support of a motion to dismiss shall be limited to thirty pages. Ordered by US DISTRICT JUDGE CLAY D LAND on 08/21/2020 (CCL)
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Filing 33
RESPONSE filed by REFRESCO BEVERAGES US INC re #32 MOTION for Extension of Time to File AnswerMOTION for Leave to File Excess Pages (Attachments: #1 Exhibit 1-Complaint, #2 Exhibit 2-1st Amended Complaint (New Jersey), #3 Exhibit 3-Symrise Motion to Dismiss (New Jersey))(HARGROVE, TRAVIS)
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Filing 32
MOTION for Extension of Time to File Answer, MOTION for Leave to File Excess Pages by 6003 HOLDINGS LLC, CALIFORMULATIONS LLC, KALEENA GEE, GREEN ORGANIC DUTCHMAN HOLDINGS LLC, WANDA JACKSON, DANA KLAYBOR, KHAN LY, EDMUND O O'KEEFFE, TYRONE POLHAMUS, JASON PONTES, SYMRISE INC filed by C MORRIS MULLIN. (Attachments: #1 Exhibit Emails)(MULLIN, C)
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Filing 31
Replaced by D.E. #32 . MOTION for Extension of Time to File for All Defendants to Answer the Complaint and Permission to File Briefs in Excess of 20 Pages. by 6003 HOLDINGS LLC, CALIFORMULATIONS LLC, KALEENA GEE, GREEN ORGANIC DUTCHMAN HOLDINGS LLC, WANDA JACKSON, DANA KLAYBOR, KHAN LY, EDMUND O O'KEEFFE, TYRONE POLHAMUS, JASON PONTES, SYMRISE INC filed by C MORRIS MULLIN. (Attachments: #1 Exhibit Emails)(MULLIN, C) Modified on 8/19/2020 (tlf). Modified on 8/20/2020 (tlf).
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Filing 30
Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by JASON C. KRAVITZ (nop)
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Notice of Deficiency; Document contains two deficiencies which must be corrected and re-filed; Related document(s): #31 Motion for Extension of Time to File; Document must be converted into text-searchable PDF format. The CM/ECF procedures manual provides as follows: "Preparing Documents for Electronic Filing. Documents in their native format such as Word or WordPerfect must be converted into text-searchable PDF before filing. Most word processing applications allow publishing or converting to PDF within the application. There are also commercial and free PDF converters available for use. Participants must not print and scan electronic documents for submission into CM/ECF. Documents must not be scanned prior to e-filing unless the original documents are unavailable in electronic format or require original signature. ". Additionally, the motions asks for multiple reliefs, yet only one was selected during the docketing process. The CM/ECF procedures manual provides: "Motions with Multiple Reliefs Requested. When a motion requests multiple or alternative reliefs, it is especially important to select multiple reliefs when filing. For instance, with a combined motion to dismiss and motion to strike, you must select both reliefs to dismiss' and 'to strike. You do this by clicking on each motion relief from the drop down menu. You cannot select only the motion to dismiss and then type in the text box and motion to strike". It is imperative that all relief categories are specifically selected. The Case Management/Electronic Case Filing system will then track each relief as a separate request for action. This helps the court ensure that all matters are properly addressed. Failure to comply with this requirement may result in a request for relief that is not tracked on the pending motion reports used in case management. " Motion must be corrected and re-filed (tlf).
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NOTICE TO COUNSEL DAVID WAWRO, CHRISTOPHER CAPARELLI, DAVID L COOK - Counsel are notified that they do not show in the court records that they meet the required attorney admissions policies of this court. If within 14 days of this notice all requirements, including the payment of Pro Hac Vice admissions fees and association of local counsel, have not been met, a show cause hearing may be scheduled (tlf). Modified on 8/19/2020 (tlf).
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Filing 29
SUMMONS Returned Executed by REFRESCO BEVERAGES US INC as to GREEN ORGANIC DUTCHMAN HOLDINGS LLC. (HARGROVE, TRAVIS)
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Filing 28
SUMMONS Returned Executed by REFRESCO BEVERAGES US INC as to EDMUND O O'KEEFFE. (HARGROVE, TRAVIS)
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Filing 27
PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by REFRESCO BEVERAGES US INC Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-3539481, $100. LOCAL COUNSEL Name and Georgia Bar #: Travis C. Hargrove 141374. (Attachments: #1 Certificate of Good Standing)(KRAVITZ, JASON)
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Filing 26
SUMMONS Returned Executed by REFRESCO BEVERAGES US INC as to JASON PONTES. (HARGROVE, TRAVIS)
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Filing 25
SUMMONS Returned Executed by REFRESCO BEVERAGES US INC as to TYRONE POLHAMUS. (HARGROVE, TRAVIS)
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Filing 24
SUMMONS Returned Executed by REFRESCO BEVERAGES US INC as to KHAN LY. (HARGROVE, TRAVIS)
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Filing 23
SUMMONS Returned Executed by REFRESCO BEVERAGES US INC as to DANA KLAYBOR. (HARGROVE, TRAVIS)
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Filing 22
SUMMONS Returned Executed by REFRESCO BEVERAGES US INC as to WANDA JACKSON. (HARGROVE, TRAVIS)
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Filing 21
SUMMONS Returned Executed by REFRESCO BEVERAGES US INC as to KALEENA GEE. (HARGROVE, TRAVIS)
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Filing 20
SUMMONS Returned Executed by REFRESCO BEVERAGES US INC as to CALIFORMULATIONS LLC. (HARGROVE, TRAVIS)
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Filing 19
SUMMONS Returned Executed by REFRESCO BEVERAGES US INC as to 6003 HOLDINGS LLC. (HARGROVE, TRAVIS)
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Filing 18
Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by DAVID A TAUSTER (nop)
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Filing 17
Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by LESLIE HARTFORD (nop)
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Filing 16
PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by REFRESCO BEVERAGES US INC Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-3535294, $100. LOCAL COUNSEL Name and Georgia Bar #: Travis C. Hargrove 141374. (Attachments: #1 Certificate of Good Standing)(TAUSTER, DAVID)
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Filing 15
PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by REFRESCO BEVERAGES US INC Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-3535245, $100. LOCAL COUNSEL Name and Georgia Bar #: Travis C. Hargrove 141374. (Attachments: #1 Certificate of Good Standing)(HARTFORD, LESLIE)
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Filing 14
SUMMONS Returned Executed by REFRESCO BEVERAGES US INC as to SYMRISE INC. (HARGROVE, TRAVIS)
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Filing 13
Corporate Disclosure Statement by REFRESCO BEVERAGES US INC identifying Corporate Parent REFRESCO HOLDING INC, Corporate Parent REFRESCO HOLDING BV for REFRESCO BEVERAGES US INC. (HARGROVE, TRAVIS)
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Filing 12
Summons issued as to CALIFORMULATIONS, LLC (tlf).
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Filing 11
Summons issued as to KALEENA GEE (tlf).
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Filing 10
Summons issued as to WANDA JACKSON (tlf).
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Filing 9
Summons issued as to DANA KLAYBOR (tlf).
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Filing 8
Summons issued as to JASON PONTES (tlf).
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Filing 7
Summons issued as to KHAN LY (tlf).
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Filing 6
Summons issued as to TYRONE POLHAMUS (tlf).
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Filing 5
Summons issued as to EDMUND O. O'KEEFFE (tlf).
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Filing 4
Summons issuedas to 6003 HOLDINGS, LLC (tlf).
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Filing 3
Summons issued as to The GREEN ORGANIC DUTCHMAN HOLDINGS, LLC (tlf).
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Filing 2
Summons issued as to SYMRISE, INC. (tlf).
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Notice of Deficiency; Related document: #1 Complaint filed by REFRESCO BEVERAGES US INC; Complaint was filed on August 3, 2020, but was pre-dated as August 4, 2020 (tlf).
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Notice of Deficiency; Related document: #1 Complaint filed by REFRESCO BEVERAGES US INC; Parties were added using punctuation AND/OR title capitalization. The case opening guide states ***REMINDER*** all parties must be added using ALL CAPS (ie LISA SMITH or DELTA AIRLINES). Do not use ANY punctuation when adding new parties. For instructions on adding parties, please refer to the Style Guide located on the website for the Middle District of Georgia. No need to re-file corrected by case manager (tlf).
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Notice of Deficiency; Related document: #1 Complaint filed by REFRESCO BEVERAGES US INC ); Pursuant to Local Rule 87.1, all nongovernmental corporate parties must file a Corporate Disclosure Statement. Please file the required corporate disclosures immediately (tlf).
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Notice of Deficiency, Related document: #1 Complaint filed by REFRESCO BEVERAGES US INC; Notice to Counsel - JASON C. KRAVITZ . Your contact information in CM/ECF is not current. Please update your contact information via PACER (tlf).
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Notice of Deficiency; Related document: #1 Complaint filed by REFRESCO BEVERAGES US INC; The summons attached to the complaint intended for Defendant Califormulations was blank. If Plaintiff wishes for summons to issue for this Defendant, it should submit a proposed, filled-in summons to columbus.ecf@gamd.uscourts.gov (tlf).
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NOTICE TO COUNSEL JASON C. KRAVITZ, LESLIE HARTFORD, DAVID A TAUSTER - Counsel is notified that they do not show in the court records that they meet the required attorney admissions policies of this court. If within 14 days of this notice all requirements, including the payment of Pro Hac Vice admissions fees, have not been met, a show cause hearing may be scheduled (tlf).
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Filing 1
COMPLAINT against All Defendants Fee paid: Receipt # AGAMDC-3529313, $400 filed by All Plaintiffs (Attachments: #1 Exhibit Press Release, #2 Exhibit Press Release, #3 Exhibit NDA, #4 Exhibit Concept to Shelf, #5 Exhibit O'Keeffe Document, #6 Exhibit Pohlamus Confidential Undertaking, #7 Exhibit Ly Confidential Undertaking, #8 Exhibit Pontes Confidential Undertaking, #9 Exhibit Klaybor Confidential Undertaking, #10 Exhibit Jackson Confidential Undertaking, #11 Exhibit Gee Confidential Undertaking, #12 Exhibit Akcnowledgements, #13 Civil Cover Sheet Civil Cover Sheet, #14 Summons Summons - Califormulations, #15 Summons Summons - Symrise, #16 Summons Summons - TGOD, #17 Summons Summons - 6003, #18 Summons Summons - O'Keeffe, #19 Summons Summons - Polhamus, #20 Summons Summons - Ly, #21 Summons Summons - Pontes, #22 Summons Summons - Klaybor, #23 Summons Summons - Jackson, #24 Summons Summons - Gee)(HARGROVE, TRAVIS)
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