Walgreen Co. v Peters
| Walgreen Co. |
| Aaron Peters |
| 1:2021cv02522 |
| May 11, 2021 |
| US District Court for the Northern District of Illinois |
| Jorge L Alonso |
| M David Weisman |
| Other Statutory Actions |
| Both |
Docket Report
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This docket was last retrieved on February 16, 2024. A more recent docket listing may be available from PACER.
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Filing 64
MINUTE entry before the Honorable Jorge L. Alonso: The Court has taken Plaintiff's motion for preliminary injunction #5 under advisement. The Court also takes under advisement those additional filings submitted by the parties prior to the entry of this minute order. No party shall file any additional or supplemental briefs with respect to the preliminary injunction motion without prior leave of court. Any additional briefing or supplement brief filed without leave of court will be immediately stricken without consideration. Notice mailed by Judge's staff (lf, )
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Filing 63
REPLY by Walgreen Co. to Response #58 (Valentine, Susan)
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Filing 62
MINUTE entry before the Honorable M. David Weisman: Status hearing set for 7/9/21 is stricken and reset to 9/9/21 at 9:15 a.m. Parties shall dial in using the Court's conference call-in number. The conference call-in number is 1-877-411-9748 and the passcode is 1814539. Mailed notice (ao, )
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Filing 61
STATUS Report Joint Status Report on Discovery by Walgreen Co. (Valentine, Susan)
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Filing 60
MINUTE entry before the Honorable Jorge L. Alonso: Plaintiff's response to Defendant Aaron Peters' motion to dismiss counts I, III, IV and V of of Walgreen Co.'s amended complaint #59 shall be filed by 7/20/21; Defendant's reply shall be filed by 7/27/21. Notice mailed by Judge's staff (lf, )
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Filing 59
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Aaron Peters (COUNTS I, III, IV AND V OF WALGREEN CO.'S AMENDED COMPLAINT #42 ) (Kendall, Christopher)
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Filing 58
RESPONSE by Defendant Aaron Peters TO PLAINTIFF'S SUPPLEMENTAL MEMORANDUM AND REPORT ON EFFORTS TO CONFER (Kendall, Christopher)
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Filing 56
STATUS Report on Efforts to Confer by Walgreen Co. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Valentine, Susan)
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Filing 57
MINUTE entry before the Honorable Jorge L. Alonso: Telephonic status hearing held. Plaintiff's motion for leave to file L2 Partners deposition transcript under seal pursuant to local rule 26.2 #54 is granted. Plaintiff's motion for order of replevin and preliminary injunction #5 is taken under advisement. The Court will rule electronically. The parties are directed to meet and confer regarding an agreement on this matter. Notice mailed by Judge's staff (lf, )
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Filing 55
SEALED DOCUMENT by Plaintiff Walgreen Co. Deposition Transcript and Exhibits (Attachments: #1 Exhibit 3, #2 Exhibit 5, #3 Exhibit 11, #4 Exhibit 11-A, #5 Exhibit 13, #6 Exhibit 21, #7 Exhibit 26, #8 Exhibit 30, #9 Exhibit 33, #10 Exhibit X)(Valentine, Susan)
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Filing 54
MOTION by Plaintiff Walgreen Co. to seal document memorandum in support of motion #53 Motion to File L2 Deposition and Exhibits Under Seal (Valentine, Susan)
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Filing 53
MEMORANDUM by Walgreen Co. in support of motion for preliminary injunction #5 Supplemental Memorandum Identifying Additional Evidence of Irreparable Harm (Attachments: #1 Exhibit 1)(Valentine, Susan)
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Filing 52
MINUTE entry before the Honorable Jorge L. Alonso: In light of the Court closure for observation of a federal holiday, telephonic status hearing previously set for 6/18/21 is stricken and reset to 6/24/21 at 9:30 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 888-808-6929 and the access code is 4911854. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Notice mailed by Judge's staff (lf, )
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Filing 51
MINUTE entry before the Honorable M. David Weisman: Status hearing set for 6/22/21 is stricken. Mailed notice (ao, )
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Filing 50
AMENDED AGREED CONFIDENTIALITY ORDER: Signed by the Honorable M. David Weisman on 6/14/2021. Mailed notice (ao, )
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Filing 49
MINUTE entry before the Honorable M. David Weisman: Magistrate status hearing held. Parties appeared telephonically and discussed discovery issues related to non-party subpoena respondent L2 Partners, LLC. The status hearing was entered and continued to 2:45 p.m. to allow the parties additional time to resolve any issues, including potentially amending the protective order filed in this case. The case was recalled at 2:45 p.m., and the parties discussed the amended protective order. The amended protective order is granted with one minor edit. Written order to follow. Without objection, Plaintiff's motion for leave to file deposition transcript under seal #42 is granted. By COB on 7/7/21, parties shall file a joint status report. A telephonic status hearing is set for 7/9/21 at 10:30 a.m. Parties shall dial in using the Court's conference call-in number. The conference call- in number is 1-877-411-9748 and the passcode is 1814539. Mailed notice (ao,)
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Filing 48
STATUS Report Corrected Joint Status Report on Motion to Compel L2 by Walgreen Co. (Attachments: #1 Exhibit 1)(Valentine, Susan)
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Filing 47
STATUS Report Joint Status Report on Motion to Compel L2 by Walgreen Co. (Valentine, Susan)
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Filing 45
MINUTE entry before the Honorable Jorge L. Alonso: Defendant Aaron Peters' Fed. R. Civ. P. 12(b)(6) motion to dismiss #35 is denied as moot in light of the amended complaint. Defendant shall answer or otherwise plead by 6/30/21. Motion hearing date of 6/10/21 is stricken. Notice mailed by Judge's staff (lf, )
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Filing 44
SEALED DOCUMENT by Plaintiff Walgreen Co. Deposition Transcript and Exhibits (Attachments: #1 Exhibit 3, #2 Exhibit 4, #3 Exhibit 5, #4 Exhibit 6, #5 Exhibit 7, #6 Exhibit 8, #7 Exhibit 10, #8 Exhibit 11, #9 Exhibit 12, #10 Exhibit 13, #11 Exhibit 21)(Valentine, Susan)
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Filing 43
NOTICE of Motion by Susan Valentine for presentment of motion for leave to file #42 before Honorable Jorge L. Alonso on 6/15/2021 at 09:30 AM. (Valentine, Susan)
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Filing 42
MOTION by Plaintiff Walgreen Co. for leave to file Deposition Transcript Under Seal Pursuant to Local Rule 26.2 (Attachments: #1 Exhibit 1)(Valentine, Susan)
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Filing 46
MINUTE entry before the Honorable M. David Weisman: Motion hearing held. Parties appeared telephonically. The Court heard oral argument on Plaintiff's motion to compel non-party L2 #32 . Following argument, the motion #32 is stricken as moot. By COB on 6/9/21, parties shall meet and confer on any issues related to the newly issued subpoenas. By COB on 6/10/21, parties shall file a joint status report outlining any discovery issues. A telephonic status hearing is set for 6/14/21 at 9:15 a.m. to discuss whether any additional expedited discovery or other discovery issues need to be addressed. Parties shall dial in using the Court's conference call-in number. The conference call-in number is 1-877-411-9748 and the passcode is 1814539. Mailed notice (ao, )
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Filing 41
RESPONSE by Walgreen Co.in Support of MOTION by Plaintiff Walgreen Co. for preliminary injunction and replevin #5 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Pernini, David)
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Filing 40
AMENDED complaint by Walgreen Co. against Aaron Peters (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Valentine, Susan)
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Filing 39
RESPONSE by L2 Partners LLCin Opposition to MOTION by Plaintiff Walgreen Co. to compel non-party L2 #32 (Rice, Joel)
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Filing 38
NOTICE of Motion by Christopher C. Kendall for presentment of Motion to Dismiss for Failure to State a Claim #35 before Honorable Jorge L. Alonso on 6/10/2021 at 09:30 AM. (Kendall, Christopher)
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Filing 37
MINUTE entry before the Honorable M. David Weisman: On 6/3/21, plaintiff Walgreen Corporation filed a motion to compel, requesting a motion date of 6/8/21. On 6/4/21, this Court set a briefing schedule, with a ruling date of 6/22/21, and striking the motion hearing date of 6/8/21. On 6/7/21, concerned that this Court's briefing schedule would not timely address plaintiff's expedited discovery needs (in particular the 6/18/21 hearing date before the district court), plaintiff's counsel contacted Courtroom Deputy, Alyssia Owens, requesting that plaintiff's motion be heard on 6/8/21. Based on that request, this Court reset the hearing date to 6/8/21, as originally scheduled. That scheduling change resulted in an avalanche of emails from counsel jockeying for additional scheduling adjustments. After reviewing the various emails, and plaintiff's motion, the Court will hear plaintiff's motion tomorrow, June 8, 2021, at 9:45 a.m. All affected parties should be prepared to argue the merits plaintiff's motion to compel. To the extent, defendant or L2 Partners, LLC believes that they have been prejudiced by any scheduling decisions, counsel may raise those issues before the Court at the motion hearing. Parties shall dial in using the Court's conference call-in number. The conference call-in number is 1-877-411-9748 and the passcode is 1814539. Mailed notice (ao, )
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Filing 36
MINUTE entry before the Honorable M. David Weisman: At the parties request, the motion hearing on Plaintiff's motion to compel #32 will be heard on 6/8/21 at 9:45 a.m. Parties shall dial in using the Court's conference call-in number. The conference call-in number is 1-877-411-9748 and the passcode is 1814539. The Court orders plaintiff's counsel to send a copy of this order to subpoena respondent's counsel. Mailed notice (ao, )
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Filing 35
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Aaron Peters (Fed R. Civ. P. 12(b)(6)) (Kendall, Christopher)
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Filing 34
MINUTE entry before the Honorable M. David Weisman: Plaintiff's motion to compel #32 is entered and briefed as follows: Subpoena respondent shall respond by 6/11/21. Motion hearing set for 6/8/21 is stricken and reset to 6/22/21 at 9:15 a.m. Parties shall dial in using the Court's conference call-in number. The conference call-in number is 1-877-411-9748 and the passcode is 1814539. The Court orders plaintiff's counsel to send a copy of this order to subpoena respondent's counsel. Mailed notice (ao, )
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Filing 33
NOTICE of Motion by Susan Valentine for presentment of motion to compel #32 before Honorable M. David Weisman on 6/8/2021 at 09:15 AM. (Valentine, Susan)
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Filing 32
MOTION by Plaintiff Walgreen Co. to compel non-party L2 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Valentine, Susan)
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Filing 31
MINUTE entry before the Honorable M. David Weisman: Magistrate status hearing held. Parties appeared telephonically and reported on the status of expedited discovery for the preliminary injunction hearing. Defendant's counsel anticipates filing a partial motion to dismiss, seeking to dismiss the only federal count (Count II). Plaintiff indicated that they may wish to continue with discovery while substantive motions are pending before the district court. This Court will address the scope and need for additional discovery at a subsequent date but for the time being, expedited discovery may continue, as allowed by the district court. By noon on 6/21/21, parties shall file a joint status report. A telephonic status hearing is set for 6/22/21 at 9:15 a.m. Parties shall dial in using the Court's conference call-in number. The conference call-in number is 1-877-411-9748 and the passcode is 1814539. Mailed notice (ao, )
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Filing 30
RESPONSE by Aaron Peters to MOTION by Plaintiff Walgreen Co. for preliminary injunction and replevin #5 (Attachments: #1 Exhibit Exhibit 1 - Derrick email, #2 Exhibit Exhibit 2 - Tennessee complaint, #3 Exhibit Exhibit 3 - Doris Declaration)(Kendall, Christopher)
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Filing 29
MINUTE entry before the Honorable Jorge L. Alonso: Defendant's motion for leave to file instanter response to Plaintiff's motion for order of replevin and preliminary injunction #28 is granted. Plaintiff's reply in support of its motion #5 shall be filed by 6/8/21. In the future Defendant shall file a separate notice of motion through ECF and advise the Court whether or not a motion is unopposed. Notice mailed by Judge's staff (lf, )
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Filing 28
MOTION by Defendant Aaron Peters to file instanter Response to Plaintiff's Motion for Replevin and Prelim. Injunction (Attachments: #1 Exhibit (Ex. 1) Proposed Response Brief, #2 Notice of Filing Notice of Presentment)(Kendall, Christopher)
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Filing 27
AGREED CONFIDENTIALITY ORDER: Signed by the Honorable M. David Weisman on 5/27/2021. Mailed notice (ao, )
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Filing 26
MINUTE entry before the Honorable M. David Weisman: Plaintiff's agreed motion for entry of protective order #25 is granted. Parties shall send a clean version of the proposed order with Judge Weisman's name on the document to Proposed_Order_Weisman@ilnd.uscourts.gov for entry. Mailed notice (ao, )
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Filing 25
MOTION by Plaintiff Walgreen Co. for protective order Agreed (Attachments: #1 Exhibit 1)(Valentine, Susan)
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Filing 24
MINUTE entry before the Honorable M. David Weisman: This case has been referred to Magistrate Judge Weisman for the purposes of discovery supervision and to conduct a settlement conference. Status hearing scheduled for 6/2/21 at 9:15 a.m. Prior to the status hearing, the Court specifically requests that counsel consult the Court's standing order. If the parties believe the case is ready for a settlement conference, counsel should have available dates for a settlement conference for all necessary parties in advance of the status hearing, and to the extent possible, consult with opposing counsel in an attempt to identify mutually convenient and feasible dates for the settlement conference. Judge Weisman generally conducts settlement conferences Tuesdays, Wednesdays, Thursdays, and Fridays at either 10:30 a.m. to 12:30 p.m. or 2:00 p.m. to 4:00 p.m. Other dates and times may be available as required by the Court or the parties. If the parties do not wish to set a settlement conference at this time, the parties should be prepared to discuss discovery scheduling and related issues. Parties shall dial in using the Court's conference call-in number. The conference call-in number is 1-877-411-9748 and the passcode is 1814539. Mailed notice (ao, )
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Filing 23
Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable M. David Weisman for the purpose of holding proceedings related to: discovery supervision; settlement conference. (lf, )Notice mailed by Judge's staff.
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Filing 22
MINUTE entry before the Honorable Jorge L. Alonso: Telephonic motion hearing held. Defendant shall respond to Plaintiff's motion for order and replevin and preliminary injunction by 5/28/21; Plaintiff's reply shall be filed by 6/4/21. Expedited discovery shall proceed. Leave to depose Mr. Peters is granted and shall take place in the next five days. This case is referred to the magistrate judge for discovery supervision and a settlement conference. Telephonic status hearing set for 6/18/21 at 9:30 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 888-808-6929 and the access code is 4911854. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Notice mailed by Judge's staff (lf, )
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Filing 21
MEMORANDUM by Walgreen Co. in support of motion for preliminary injunction #5 (Supplemental Memorandum) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Pernini, David)
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Filing 20
STATUS Report on the Parties' Conferral by Walgreen Co. (Pernini, David)
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Filing 19
MEMORANDUM by Walgreen Co. in support of motion for preliminary injunction #5 (Attachments: #1 Exhibit 1 - Confidentiality Policy, #2 Exhibit 2 - Security Policy, #3 Exhibit 3 - Declaration of John Jorgensen, #4 Exhibit 4 - Declaration of David M. Pernini)(Valentine, Susan)
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Filing 18
MINUTE entry before the Honorable Jorge L. Alonso: Telephonic motion hearing held and continued to 5/21/21 at 9:00 a.m. For the reasons stated on the record, Plaintiff's motion for order of replevin and preliminary injunction #5 is entered and continued. Plaintiff's motion to exceed page limit #6 is granted. Plaintiff's motion for leave to file exhibits under seal pursuant to Local Rule 26.2 #7 is granted. Plaintiff's motions for leave to appear pro hac vice #10 and #11 are granted. Attorneys Joseph Wargo and David M. Pernini are given leave to file appearances on behalf of Plaintiff. The parties are directed to file a joint status report by 5/20/21. The parties are directed to meet and confer regarding a possible resolution to this matter prior to the hearing. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 888-808-6929 and the access code is 4911854. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Notice mailed by Judge's staff (lf, )
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Filing 17
ATTORNEY Appearance for Defendant Aaron Peters by Lena Shapiro (Shapiro, Lena)
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Filing 16
ATTORNEY Appearance for Defendant Aaron Peters by Christopher C. Kendall (Kendall, Christopher)
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Filing 15
WAIVER OF SERVICE returned executed by Walgreen Co.. Aaron Peters waiver sent on 5/13/2021, answer due 7/12/2021. (Valentine, Susan)
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Filing 14
ATTORNEY Appearance for Defendant Aaron Peters by Robert Andrew Chapman (Chapman, Robert)
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Filing 13
MINUTE entry before the Honorable Jorge L. Alonso: Telephonic motion hearing set for 5/18/21 at 9:30 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 888-808-6929 and the access code is 4911854. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Notice mailed by Judge's staff (lf, )
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Filing 12
NOTICE of Motion by Susan Valentine for presentment of motion for preliminary injunction #5 before Honorable Jorge L. Alonso on 5/18/2021 at 09:30 AM. (Valentine, Susan)
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Filing 11
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18237258. (Pernini, David)
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Filing 10
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18237226. (Wargo, Joseph)
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SUMMONS Issued as to Defendant Aaron Peters (crl, )
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Filing 9
SEALED EXHIBIT by Plaintiff Walgreen Co. Exhibit 1 to Motion to Exceed Page Limits regarding MOTION by Plaintiff Walgreen Co. for leave to file excess pages in memorandum in support of motion for preliminary injunction #6 (Valentine, Susan)
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Filing 8
SEALED EXHIBIT by Plaintiff Walgreen Co. Exhibit 3 to Complaint - Declaration of John Jorgensen regarding complaint, #1 (Valentine, Susan)
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Filing 7
MOTION by Plaintiff Walgreen Co. to seal document complaint, #1 certain exhibits to Complaint (Valentine, Susan)
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Filing 6
MOTION by Plaintiff Walgreen Co. for leave to file excess pages in memorandum in support of motion for preliminary injunction (Attachments: #1 Exhibit 1)(Valentine, Susan)
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Filing 5
MOTION by Plaintiff Walgreen Co. for preliminary injunction and replevin (Valentine, Susan)
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Filing 4
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Walgreen Co. (Valentine, Susan)
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Filing 3
ATTORNEY Appearance for Plaintiff Walgreen Co. by Susan Valentine (Valentine, Susan)
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Filing 2
CIVIL Cover Sheet (Valentine, Susan)
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Filing 1
COMPLAINT Verified Complaint for Damages and Injunctive Relief filed by Walgreen Co.; Jury Demand. Filing fee $ 402, receipt number 0752-18230856. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Valentine, Susan)
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CASE ASSIGNED to the Honorable Jorge L. Alonso. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (cp, )
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| Plaintiff: Walgreen Co. | |
| Represented By: | Susan Valentine |
| Represented By: | David M. Pernini |
| Represented By: | Joseph D. Wargo |
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| Defendant: Aaron Peters | |
| Represented By: | Robert Andrew Chapman |
| Represented By: | Christopher C. Kendall |
| Represented By: | Lena Shapiro |
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