McHugh v Vertical Partners West
| Connie McHugh and Gilbert Fallen |
| Yuntong Power Co. LTD a.k.a. Zhongshan Electric Win Technology Co., Ltd. and Vertical Partners West, LLC d/b/a Venom Group International |
| 2:2020cv00581 |
| December 22, 2020 |
| US District Court for the District of Idaho |
| David C Nye |
| Prop. Damage Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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| Filing 78 The 60 day deadline has expired. Case will remain with District Judge. No more notice of availability or assignment will be sent out. Consent deadline(s) termed. (kt) |
| Filing 77 REPLY to Response to Motion re #71 MOTION to Dismiss for Lack of Jurisdiction filed by Yuntong Power Co. LTD a.k.a. Zhongshan Electric Win Technology Co., Ltd..Motion Ripe Deadline set for 3/2/2021.(Duke, Keely) |
| Filing 76 NOTICE of Substitution - Attorney Susan M Valinis; Tracey McDevitt Hagan and Molly C Reilly terminated. Request to Turn Electronic Noticing OFF (no longer receive NEFs in this case only) by Attorney (Laird, Cory) |
| Filing 75 RESPONSE to Motion re #71 MOTION to Dismiss for Lack of Jurisdiction filed by Vertical Partners West, LLC. Replies due by 3/2/2021. (Attachments: #1 Affidavit DEFENDANT VERTICAL PARTNERS WEST, LLCS DECLARATION OF COUNSEL)(Laird, Cory) |
| Filing 74 Sealed Document Re: #72 Response to Motion. (Neill, Tyler) |
| Filing 73 MOTION to Seal Document #72 Response to Motion Tyler Harrison Neill appearing for Plaintiffs Gilbert Fallen, Connie McHugh. Responses due by 3/8/2021 (Attachments: #1 Memorandum in Support)(Neill, Tyler) |
| Filing 72 RESPONSE to Motion re #71 MOTION to Dismiss for Lack of Jurisdiction filed by Gilbert Fallen, Connie McHugh. Replies due by 3/1/2021. (Attachments: #1 Declaration)(Neill, Tyler) |
| Filing 71 MOTION to Dismiss for Lack of Jurisdiction Keely E. Duke appearing for Cross Defendant Yuntong Power Co. LTD a.k.a. Zhongshan Electric Win Technology Co., Ltd., Defendant Yuntong Power Co. LTD a.k.a. Zhongshan Electric Win Technology Co., Ltd.. Responses due by 2/16/2021 (Attachments: #1 Memorandum in Support, #2 Declaration of Counsel, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C)(Duke, Keely) |
| Filing 70 NOTICE of Appearance by Cory Russell Laird on behalf of Vertical Partners West, LLC (Laird, Cory) |
| Filing 69 DOCKET ENTRY ORDER approving #67 Motion for Pro Hac Vice Appearance Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (kt) |
Filing 68
ORDER GRANTING STIPULATION FOR EXTENSION OF TIME TO FILE A RESPONSIVE PLEADING. IT IS HEREBY ORDERED: The Stipulation (Dkt. 66) is GRANTED. Defendant Yuntong Power Co. LTD. a/k/a/ Zhangshan Electric Win Technology Co., LTD shall file an answer or other appropriate responsive pleading on or before January 26, 2021. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (kt)
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| Filing 67 MOTION FOR PRO HAC VICE APPEARANCE by Jesse M. Cohen. ( Filing fee $ 250 receipt number 0976-2148592.)Tyler Harrison Neill appearing for Plaintiffs Gilbert Fallen, Connie McHugh. Responses due by 1/26/2021 (Neill, Tyler) |
| Filing 66 STIPULATION re Set Deadlines/Hearings Stipulation for Extension of Time to File a Responsive Pleading by Yuntong Power Co. LTD a.k.a. Zhongshan Electric Win Technology Co., Ltd.. (Duke, Keely) |
| Filing 65 NOTICE of Availability of Magistrate Judge and Requirement for Consent sent to counsel for Gilbert Fallen, Connie McHugh, Vertical Partners West, LLC, Yuntong Power Co. LTD a.k.a. Zhongshan Electric Win Technology Co., Ltd. re #61 Case Transferred In - District Transfer, Consent/Objection to Magistrate due by 3/1/2021. (jp) |
| Filing 64 NOTICE of Appearance by Tyler Harrison Neill on behalf of All Plaintiffs (Neill, Tyler) |
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Filing 63
ORDER REGARDING DEFENDANT YUNTONG POWER CO. LTD'S EXPEDITED MOTION FOR EXTENSION OF TIME TO FILE A RESPONSIVE PLEADING. It is hereby ORDERED that the Motion (Dkt. #62 ) is GRANTED. Defendant Yuntong Power Co. LTD. a/k/a/ Zhangshan Electric Win Technology Co., LTD shall file an answer or other appropriate responsive pleading on or before 1/5/21. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)
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| Set Deadlines/Hearings: Yuntong Power Co. LTD a.k.a. Zhongshan Electric Win Technology Co., Ltd. answer due 1/5/2021. (jp) |
| All out-of-state counsel continuing representation need to obtain local counsel and file an Application for Pro Hac Vice. Please see Local Rule, Civil Rule 83.4 Bar Admission e) Pro Hac Vice/ Local Counsel and ECF Procedures 3. Registration, Logins and Passwords. B. Limited Registered Participants. (jp) |
| Filing 62 MOTION to Expedite For Extension of Time to File Responsive Pleading Keely E. Duke appearing for Cross Defendant Yuntong Power Co. LTD a.k.a. Zhongshan Electric Win Technology Co., Ltd., Defendant Yuntong Power Co. LTD a.k.a. Zhongshan Electric Win Technology Co., Ltd.. Responses due by 1/12/2021 (Duke, Keely) |
| Filing 61 Case transferred in from District of Pennsylvania Middle; Case Number 3:18-cv-01012. Original file certified copy of transfer order and docket sheet received. |
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Filing 60
ORDER (memorandum filed previously as separate docket entry) - IT IS ORDERED AS FOLLOWS: 1. The motion to dismiss filed by Defendant Yuntong Power Co. Ltd. (Doc. 43) is DENIED. 2. Plaintiffs motion to transfer (Doc. 47) is GRANTED. 3. The Clerk of Court is directed to transfer this case to the United States District Court for the District of Idaho. 4. Upon effectuating the transfer, the Clerk of Court is directed to close this case. Signed by Honorable Jennifer P. Wilson on 12/8/2020. (ve)
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| Filing 59 MEMORANDUM (Order to follow as separate docket entry) re #47 MOTION to Transfer Case filed by Gilbert Fallen, Connie McHugh, #43 MOTION to Dismiss for Lack of Jurisdiction filed by Yuntong Power Co. LTD a.k.a. Zhongshan Electric Win Technology Co., Ltd. Signed by Honorable Jennifer P. Wilson on 12/8/2020. (ve) |
| Filing 57 TEXT ORDER - AND NOW, on this 9th day of November, 2020, IT IS ORDERED THAT a telephone status conference is scheduled for November 12, 2020 at 2:30 p.m. Plaintiff's counsel shall initiate the call when all parties are on the line to chambers at (717) 221-3970. Signed by Honorable Jennifer P. Wilson on 11/9/2020. (ve) |
| Filing 56 Letter from All Counsel requesting Brief Status Conference . (Cohen, Jesse) |
| Filing 55 CERTIFICATE of Counsel re #54 Brief in Opposition by Michael J. Boccella on behalf of Yuntong Power Co. LTD a.k.a. Zhongshan Electric Win Technology Co., Ltd. (Boccella, Michael) |
| Filing 54 BRIEF IN OPPOSITION re #47 MOTION to Transfer Case Amended filed by Yuntong Power Co. LTD a.k.a. Zhongshan Electric Win Technology Co., Ltd.. (Attachments: #1 Exhibit(s), #2 Exhibit(s))(Voter, Warren) |
| Filing 53 BRIEF IN OPPOSITION re #47 MOTION to Transfer Case filed by Yuntong Power Co. LTD a.k.a. Zhongshan Electric Win Technology Co., Ltd..(Voter, Warren) |
| Filing 52 REPLY BRIEF re #27 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed.R.Civ.P.12(B)(2) filed by Yuntong Power Co. LTD a.k.a. Zhongshan Electric Win Technology Co., Ltd..(Voter, Warren) |
| Filing 51 BRIEF IN OPPOSITION re #43 MOTION to Dismiss for Lack of Jurisdiction with COS filed by Vertical Partners West, LLC. (Attachments: #1 Exhibit(s) A)(Reilly, Molly) |
| Filing 50 REPLY BRIEF re #43 MOTION to Dismiss for Lack of Jurisdiction with Proposed Order and COS filed by Vertical Partners West, LLC.(Reilly, Molly) |
| Filing 49 REPLY BRIEF re #27 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed.R.Civ.P.12(B)(2) filed by Yuntong Power Co. LTD a.k.a. Zhongshan Electric Win Technology Co., Ltd..(Voter, Warren) |
| Filing 48 BRIEF IN SUPPORT re #47 MOTION to Transfer Case filed by Gilbert Fallen, Connie McHugh. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C)(Cohen, Jesse) |
| Filing 47 MOTION to Transfer Case by Gilbert Fallen, Connie McHugh. (Attachments: #1 Proposed Order, #2 Exhibit(s) A, #3 Exhibit(s) B, #4 Exhibit(s) C)(Cohen, Jesse) |
| Filing 46 BRIEF IN OPPOSITION re #43 MOTION to Dismiss for Lack of Jurisdiction filed by Gilbert Fallen, Connie McHugh. (Attachments: #1 Proposed Order, #2 Exhibit(s) A, #3 Exhibit(s) B, #4 Exhibit(s) C)(Cohen, Jesse) |
| Filing 45 NOTICE of Appearance by Jesse M. Cohen on behalf of Gilbert Fallen, Connie McHugh (Cohen, Jesse) |
| Filing 44 BRIEF IN SUPPORT OF DEFENDANT re #43 MOTION to Dismiss for Lack of Jurisdiction filed by Yuntong Power Co. LTD a.k.a. Zhongshan Electric Win Technology Co., Ltd..(Voter, Warren) |
| Filing 43 MOTION to Dismiss for Lack of Jurisdiction by Yuntong Power Co. LTD a.k.a. Zhongshan Electric Win Technology Co., Ltd.. (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Proposed Order)(Voter, Warren) |
| Filing 42 CONFIDENTIALITY AGREEMENT. Signed by Honorable Jennifer P. Wilson on 9/10/2020. (ve) |
| Filing 41 STIPULATION CONFIDENTIALITY AGREEMENT by Vertical Partners West, LLC. (Reilly, Molly) |
| Filing 40 AFFIDAVIT of Service for Documents under Hague Convention served on Defendant Yuntong Power Co., Ltd. a.k.a Zhongshan Electric Win Technology Co., Ltd. on 10/21/2019, filed by Gilbert Fallen, Connie McHugh. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B)(Cohen, Jesse) |
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Filing 39
ORDER (memorandum filed previously as separate docket entry) - IT IS ORDERED that Defendant Yuntong Power Co., LTD a/k/a Zhangshan Electric Win Technology Co., LTDs (Yuntong) motion to dismiss, Doc. 27, is DENIED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that the parties have ninety days to conduct discovery limited to the issue of whether this court has personal jurisdiction over Defendant Yuntong. Signed by Honorable Jennifer P. Wilson on 6/1/2020. (ve)
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| Filing 38 MEMORANDUM (Order to follow as separate docket entry) re #27 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed.R.Civ.P.12(B)(2) filed by Yuntong Power Co. LTD a.k.a. Zhongshan Electric Win Technology Co., Ltd. Signed by Honorable Jennifer P. Wilson on 6/1/2020. (ve) |
| Filing 37 . (Cohen, Jesse) |
| Filing 36 REPLY BRIEF re #27 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed.R.Civ.P.12(B)(2) BRIEF IN SUPPORT filed by Yuntong Power Co. LTD a.k.a. Zhongshan Electric Win Technology Co., Ltd..(Voter, Warren) |
| Filing 35 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by Yuntong Power Co. LTD a.k.a. Zhongshan Electric Win Technology Co., Ltd.. (Voter, Warren) |
| Filing 34 BRIEF IN OPPOSITION re #27 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed.R.Civ.P.12(B)(2) filed by Vertical Partners West, LLC.(Reilly, Molly) |
| Filing 33 BRIEF IN OPPOSITION re #27 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed.R.Civ.P.12(B)(2) filed by Gilbert Fallen, Connie McHugh. (Attachments: #1 Proposed Order)(Cohen, Jesse) |
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VERBAL ORDER by Judge Malachy E Mannion - - Case Reassigned to Honorable Jennifer P. Wilson. Honorable Malachy E Mannion no longer assigned to the case. (jw)
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Filing 32
ORDER LIFTING STAY On December 13, 2018 this court granted the plaintiffs motion to stay pending the overseas service of defendant Yuntong Power Co., LTD a/k/a Zhongshan Electric Win Technology Co., LTD. (Doc. 17). Recently these same defendants filed a motion to dismiss. (Doc. 27). Since it is apparent that this defendant has been properly served the STAY is Lifted.Signed by Honorable Malachy E Mannion on 11/21/19. (bs)
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Filing 31
ORDER granting #30 pltf's Motion for Extension of Time to File respons to deft. Yuntong Power Co's mot. to dismiss. Resp. due 12/6/19.Signed by Honorable Malachy E Mannion on 11/14/19 (bs)
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| Filing 30 Unopposed MOTION for Extension of Time to File Response to Defendant Yuntong Power Co. LTDs Motion to Dismiss by Gilbert Fallen, Connie McHugh. (Attachments: #1 Proposed Order)(Cohen, Jesse) |
| Filing 29 NOTICE of Appearance by Michael J. Boccella on behalf of Yuntong Power Co. LTD a.k.a. Zhongshan Electric Win Technology Co., Ltd. (Boccella, Michael) |
| Filing 28 BRIEF IN SUPPORT of Its Motion re #27 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed.R.Civ.P.12(B)(2) filed by Yuntong Power Co. LTD a.k.a. Zhongshan Electric Win Technology Co., Ltd..(Voter, Warren) |
| Filing 27 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed.R.Civ.P.12(B)(2) by Yuntong Power Co. LTD a.k.a. Zhongshan Electric Win Technology Co., Ltd.. (Attachments: #1 Memo, #2 Proposed Order, #3 Exhibit(s) A)(Voter, Warren) |
| Filing 26 SPECIAL ADMISSIONS FORM APPROVED as to Molly Reilly.Signed by Honorable Malachy E Mannion on 10/22/19. (bs) |
| Filing 25 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Molly C Reilly on behalf of Vertical Partners West, LLC Attorney Molly Reilly is seeking special admission. Filing fee $ 50, receipt number 0314-4904019., filed by on behalf of Vertical Partners West, LLC.(Reilly, Molly) |
| Filing 24 WITHDRAWAL OF ATTORNEY APPEARANCE - Attorney Nicole Jensen terminated on behalf of Vertical Partners West, LLC. (Jensen, Nicole) |
| Filing 23 NOTICE of Appearance by Tracey McDevitt Hagan on behalf of Vertical Partners West, LLC (Hagan, Tracey) |
| Filing 22 BRIEF IN SUPPORT re #15 MOTION to Stay Proceedings Pending Overseas Service of Defendant Yuntong Power Co. LTD a.k.a. Zhongshan Electric Win Technology Co., LTD filed by Vertical Partners West, LLC. (Attachments: #1 Exhibit(s) Exhibit A, #2 Exhibit(s) Exhibit B, #3 Exhibit(s) Exhibit C, #4 Exhibit(s) Exhibit D, #5 Exhibit(s) Exhibit E, #6 Exhibit(s) Exhibit F)(Jensen, Nicole) |
| Filing 21 STATUS REPORT and Brief in support of this Honorable Court entering Default Judgment against Defendant Yuntong Power Co. LTD a.k.a. Zhongshan Electric Win Technology Co., LTD by Gilbert Fallen, Connie McHugh. (Attachments: #1 Exhibit(s) A - Affidavit of Celeste Ingalls)(Cohen, Jesse) |
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Filing 20
SCHEDULING ORDER:On or before August 12, 2019, the plaintiffs counsel is to provide the court with an updated status as to service of this matter upon Yuntong Power Co., Ltd.(2)At that time, if no certificate has been received from the Chinese Central Authority with respect to this matter, the parties are to brief the issue of whether the entry of default and/or default judgment would be appropriate pursuant to Article 15 of the Hague Convention. Status Report due by 8/12/2019.Signed by Honorable Malachy E Mannion on 6/6/19. (bs)
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| Filing 19 STATUS REPORT Regarding Service Upon Defendant Yuntong Power Co., LTD by Gilbert Fallen, Connie McHugh. (Cohen, Jesse) |
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Filing 18
SCHEDULING ORDER: Plaintiffs counsel shall e-file a written status report regarding serviceupon defendant Yuntong Power Co., LTD. Status report due on or before May 1, 2019. Status Report due by 5/1/2019.Signed by Honorable Malachy E Mannion on 4/22/19. (bs)
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Filing 17
ORDER granting #15 Motion to Stay case.Signed by Honorable Malachy E Mannion on 12/13/18 (bs)
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| Filing 16 BRIEF IN SUPPORT re #15 MOTION to Stay Proceedings Pending Overseas Service of Defendant Yuntong Power Co. LTD a.k.a. Zhongshan Electric Win Technology Co., LTD filed by Gilbert Fallen, Connie McHugh.(Cohen, Jesse) |
| Filing 15 MOTION to Stay Proceedings Pending Overseas Service of Defendant Yuntong Power Co. LTD a.k.a. Zhongshan Electric Win Technology Co., LTD by Gilbert Fallen, Connie McHugh. (Attachments: #1 Exhibit(s) A - Affidavit of Celeste Ingalls, #2 Proposed Order)(Cohen, Jesse) |
| Filing 14 Summons Issued as to Yuntong Power Co. LTD a.k.a. Zhongshan Electric Win Technology Co., Ltd and provided TO ATTORNEY ELECTRONICALLY VIA ECF for service on Defendant(s)in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure. (NOTICE TO ATTORNEYS RECEIVING THE SUMMONS ELECTRONICALLY: You must print the summons and the attachment when you receive it in your e-mail and serve them with the complaint on all defendants in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure). (Attachments: #1 Summons Packet, #2 285) (bg) |
| Filing 13 Praecipe to Issue Summons to Defendant Yuntong. (Attachments: #1 Summons Summons to Defendant Yuntong)(Cohen, Jesse) |
| Filing 12 Corporate Disclosure Statement by Vertical Partners West, LLC. (Jensen, Nicole) |
| Filing 11 ANSWER to #10 Amended Complaint with Affirmative Defenses, CROSSCLAIM against Yuntong Power Co. LTD a.k.a. Zhongshan Electric Win Technology Co., Ltd. by Vertical Partners West, LLC. (Attachments: #1 Verification)(Jensen, Nicole) |
| Filing 10 AMENDED COMPLAINT against Vertical Partners West, LLC, Yuntong Power Co. LTD a.k.a. Zhongshan Electric Win Technology Co., Ltd., filed by Connie McHugh, Gilbert Fallen.(Cohen, Jesse) |
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Filing 9
SCHEDULING ORDER: Amended Pleadings due by pltf. by 9/20/18, by deft. by 10/20/2018. Fact Discovery due by 3/1/2019. Plaintiff Expert Report is due by 3/20/2019. Defendant Expert Report is due by 4/20/2019. Supplemental due by 5/1/2019. Expert Discovery Deadline is due by 6/1/2019. Joinder of Parties due by 9/20/2018. Dispositive Motions due by 6/20/2019. Signed by Honorable Malachy E Mannion on 7/5/18. (bs)
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| Filing 8 CASE MANAGEMENT PLAN by Gilbert Fallen, Connie McHugh. (Cohen, Jesse) |
| Filing 7 SPECIAL ADMISSIONS FORM APPROVED as to Susan Valinis.Signed by Honorable Malachy E Mannion on 6/15/18. (bs) |
| Filing 6 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Susan M Valinis on behalf of Vertical Partners West, LLC Attorney Susan Valinis is seeking special admission. Filing fee $ 50, receipt number 0314-4450701.. (Valinis, Susan) |
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Filing 5
SCHEDULING ORDER: Case Management Conference set for 7/5/2018 10:30 AM in Scranton before Honorable Malachy E Mannion.This conference will be held by telephone but may be held in- person if counsel requests and has the concurrence of all other counsel. Counsel are advised to comply with Local Rule 16.3 of the Middle District of Pennsylvania. Local Rule 16.3(a) requires lead counsel for each party to confer at least fourteen (14) days prior to the initial case management conference. Where the case management plan requests dates, counsel should agree upon a specific month, day and year. (Please do not make entries such as 28 days after the close of discovery).Signed by Honorable Malachy E Mannion on 6/7/18. (bs)
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| Filing 4 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by Vertical Partners West, LLC. (Jensen, Nicole) |
| Filing 3 ANSWER to Complaint by Vertical Partners West, LLC.(Jensen, Nicole) |
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Filing 2
ORDER Re: Case Assignment and Procedures.Signed by Honorable Malachy E Mannion on 5/17/18. (bs)
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| Filing 1 NOTICE OF REMOVAL by Vertical Partners West, LLC from Superior Court of Pennsylvania, case number 18-1041. (Filing fee $ 400 receipt number 4426615), filed by Vertical Partners West, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit(s) A, #3 Certificate)(bg) |
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