Biovant, LLC v. Wassenaar et al
| BIOVANT, LLC d/b/a BIOVANTE and Biovant, LLC doing business as Biovante |
| DUSTIN WASSENAAR and WASSENAAR AG SUPPLY, LLC |
| 4:2024cv00106 |
| January 19, 2024 |
| US District Court for the Eastern District of Missouri |
| Sarah E Pitlyk |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Both |
Docket Report
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This docket was last retrieved on March 13, 2024. A more recent docket listing may be available from PACER.
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Filing 61
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff's Motion for Preliminary Injunction, Doc. #46 , is DENIED. Signed by District Judge Sarah E. Pitlyk on 3/13/2024. (KEK)
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| Filing 60 MEMORANDUM re #56 Memorandum & Order,,,, by Defendants Dustin Wassenaar, Wassenaar AG Supply, LLC. (Attachments: #1 Exhibit 4 (redacted), #2 Exhibit 5 (redacted) part 1 of 2, #3 Exhibit 5 (redacted) part 2 of 2)(Hoeplinger, Stephen) |
| Filing 59 CLERKS Exhibit List as to Preliminary Injunction. (NEP) |
| Filing 58 CLERKS WITNESS LIST as to Preliminary Injunction. (NEP) |
| Filing 57 ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before District Judge Sarah E. Pitlyk: Preliminary Injunction held on 3/1/2024 re #46 MOTION for Preliminary Injunction filed by Biovant, LLC. Evidence entered and testimony heard. Arguments heard by the parties. For reasons stated on the record motion is denied. Order to issue. (Court Reporter:Kristine Toennies, Kristine_Toennies@moed.uscourts.gov, 314-244-6701) (proceedings started: 2:00pm) (proceedings ended: 6:00pm) (Deputy Clerk: NEP)(Appearance for Plaintiff: Thomas Hayde & Catherine Schwarze)(Appearance for Defendant: Stephen Hoeplinger & Mark Goodman) (NEP) |
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Filing 56
MEMORANDUM AND ORDER...IT IS HEREBY ORDERED that Defendants' Consent Motion for Leave to File Under Seal, Doc. [ #49 ], is GRANTED IN PART. The motion is granted as to Exhibits 4 and 5, and denied as to Exhibits 2, 6-19, 21, and 22, and the portions of Defendants' memorandum, Doc. [ #48 ], that are sealed because they reference those exhibits. IT IS FURTHER ORDERED that Defendants must redact Exhibits 4 and 5 as specified in this Order and file the redacted versions on the public docket no later than Friday, March 8, 2024. IT IS FINALLY ORDERED that this Order is stayed for fourteen (14) days to allow for appeal of the denial in part of Doc. [ #49 ] or filing of a meritorious motion for leave to file under seal in conformity with Local Rule 13.05. See E.D. Mo. L.R. 13.05(A)(4)(g). Barring one of the foregoing, the Clerk is ordered to unseal Doc. [ #50 ] and its attachments, except Exhibits 4 and 5, effective March 15, 2024. Signed by District Judge Sarah E. Pitlyk on 3/1/2024. (NEP)
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Filing 55
Docket Text ORDER: Re: #5 MOTION for Leave to File in Excess of Page Limitation by Plaintiff BIOVANT, LLC d/b/a BIOVANTE. (Attachments: # 1 Proposed Order)(Hayde, Thomas) filed by Biovant, LLC; ORDERED GRANTED. Signed by District Judge Sarah E. Pitlyk on 2/29/2024. (KEK)
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Filing 54
Docket Text ORDER: Re: #45 Consent MOTION for Leave to File in Excess of Page Limitation by Plaintiff Biovant, LLC. (Attachments: # 1 Proposed Order)(Hayde, Thomas) filed by Biovant, LLC; ORDERED GRANTED. Signed by District Judge Sarah E. Pitlyk on 2/29/2024. (KEK)
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Filing 53
Docket Text ORDER: Re: #47 Consent MOTION for Leave to File in Excess of Page Limitation by Defendants Dustin Wassenaar, Wassenaar AG Supply, LLC. (Attachments: # 1 Proposed Order Granting Defendants' Unopposed Motion for Leave to File Memoarandum in Excess of Page Limits)(Hoeplinger, Stephen) filed by Wassenaar AG Supply, LLC, Dustin Wassenaar; ORDERED GRANTED. Signed by District Judge Sarah E. Pitlyk on 2/29/2024. (KEK)
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| Filing 52 DTO ENTERED IN ERROR; MOTION #49 HAS NOT BEEN RULED ON. |
| Filing 51 REPLY to Response to Motion re #46 MOTION for Preliminary Injunction filed by Plaintiff Biovant, LLC. (Hayde, Thomas) |
| Filing 50 SEALED MEMORANDUM in Support of #49 Consent MOTION for Leave to File Under Seal filed by Defendants Dustin Wassenaar, Wassenaar AG Supply, LLC. Redacted Copy due by 3/1/2024. (Attachments: #1 Defendants' Memorandum in Opposition to Plaintiff's Motion for Preliminary injunction (UNREDACTED), #2 Exhibit 2, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 7, #7 Exhibit 8, #8 Exhibit 9, #9 Exhibit 10, #10 Exhibit 11, #11 Exhibit 12, #12 Exhibit 13, #13 Exhibit 14, #14 Exhibit 15, #15 Exhibit 16, #16 Exhibit 17, #17 Exhibit 18, #18 Exhibit 19, #19 Exhibit 21, #20 Exhibit 22)(Hoeplinger, Stephen) |
| Filing 49 Consent MOTION for Leave to File Under Seal by Defendants Dustin Wassenaar, Wassenaar AG Supply, LLC. (Hoeplinger, Stephen) |
| Filing 48 MEMORANDUM in Opposition re #46 MOTION for Preliminary Injunction filed by Defendants Dustin Wassenaar, Wassenaar AG Supply, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28)(Hoeplinger, Stephen) |
| Filing 47 Consent MOTION for Leave to File in Excess of Page Limitation by Defendants Dustin Wassenaar, Wassenaar AG Supply, LLC. (Attachments: #1 Proposed Order Granting Defendants' Unopposed Motion for Leave to File Memoarandum in Excess of Page Limits)(Hoeplinger, Stephen) |
| Filing 46 MOTION for Preliminary Injunction by Plaintiff Biovant, LLC. (Hayde, Thomas) |
| Filing 45 Consent MOTION for Leave to File in Excess of Page Limitation by Plaintiff Biovant, LLC. (Attachments: #1 Proposed Order)(Hayde, Thomas) |
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Filing 44
JOINT STIPULATED PROTECTIVE ORDER is SO ORDERED. Signed by District Judge Sarah E. Pitlyk on 02/16/2024. (ANR)
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Filing 43
DOCKET TEXT ORDER re #42 Motion for Protective Order is GRANTED. SO ORDERED. Signed by District Judge Sarah E. Pitlyk on 02/16/2024. (ANR)
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| Filing 42 Joint MOTION for Protective Order by Plaintiff Biovant, LLC. (Attachments: #1 Proposed Order)(Hayde, Thomas) |
| Filing 41 ANSWER to #1 Complaint, by Dustin Wassenaar, Wassenaar AG Supply, LLC.(Hoeplinger, Stephen) |
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Filing 40
Docket Text ORDER - IT IS HEREBY ORDERED that the parties' Joint Motion for Entry of Stipulated Protective Order, Doc. #39 , is DENIED without prejudice to refiling. The proposed order expressly authorizes the filing of exhibits that have been designated as 'Confidential' or 'Confidential Attorney Eyes Only' under seal. Doc. [39-1] at 8. Eastern District of Missouri Local Rule 13.05 governs the filing of sealed documents. Any protective order must contain a statement that the parties will comply with Local Rule 13.05 for the filing of sealed documents. (See paragraph 11 of Appendix A to the Eastern District of Missouri Local Rules for a model statement. ) Signed by District Judge Sarah E. Pitlyk on 02/14/2024. (KRZ)
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| Filing 39 Joint MOTION for Protective Order by Plaintiff Biovant, LLC. (Attachments: #1 Proposed Order)(Hayde, Thomas) |
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Filing 38
ORDER... IT IS HEREBY ORDERED that the Joint Motion to Continue Preliminary Injunction Hearing Date, Discovery Schedule, and Briefing Schedule, Doc. [ #37 ], is GRANTED. IT IS FURTHER ORDERED that the parties shall make their respective document productions by February 16, 2024. IT IS FURTHER ORDERED that the parties shall make their respective witnesses available for depositions no later than February 23, 2024. IT IS FURTHER ORDERED that Plaintiff's brief in support of its motion for preliminary injunction shall be filed by 5:00 p.m. on February 26, 2024. Defendants' brief in opposition to Plaintiff's motion shall be filed by 5:00 p.m. on February 27, 2024. Plaintiff's reply brief in support of the motion shall be filed by 5:00 p.m. on February 28, 2024. IT IS FINALLY ORDERED the preliminary injunction hearing set for February 16, 2024, is continued to Friday, March 1, 2024, at 1:30 p.m. ( Hearing on Motion for Preliminary Injunction set for 3/1/2024 01:30 PM in Courtroom 16N - St. Louis before District Judge Sarah E. Pitlyk.). Signed by District Judge Sarah E. Pitlyk on 2/9/2024. (NEP)
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| Filing 37 Joint MOTION to Continue Perliminary Injunction Hearing Date, Discovery Schedule, and Briefing Schedule by Defendants Dustin Wassenaar, Wassenaar AG Supply, LLC. (Hoeplinger, Stephen) |
| Receipt: $ 19,500.00, receipt number STL-19488, for TRO Bond by plaintiff Biovant LLC. (JWD) |
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Filing 36
BOND ORDER (Financial)... IT IS HEREBY ORDERED that Plaintiff shall post a bond in the amount of $19,500.00, which the Court deems "proper to pay the costs and damages sustained by" Defendants in the event they are later "found to have been wrongfully enjoined or restrained" by the TRO issued on February 3, 2024. Fed. R. Civ. P. 65(c). Plaintiff will post security with the Court no later than Thursday, February 8, 2024. Plaintiff will comply with Eastern District of Missouri Local Rule 13.04 regarding the deposit of funds with the Court. Signed by District Judge Sarah E. Pitlyk on 2/6/2024. (NEP)
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| Filing 35 MEMORANDUM re #32 Temporary Restraining Order, regarding TRO Security by Plaintiff Biovant, LLC. (Hayde, Thomas) |
| Filing 34 MEMORANDUM re #32 Temporary Restraining Order, Concerning Proper Bond by Defendants Dustin Wassenaar, Wassenaar AG Supply, LLC. (Attachments: #1 Exhibit 1 - Wassenaar Declaration)(Hoeplinger, Stephen) |
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Filing 33
MEMORANDUM AND ORDER... IT IS FURTHER ORDERED that this injunction will remain in effect until Friday, February 16, 2024, at 5:00 p.m. IT IS FURTHER ORDERED that a preliminary injunction hearing is set for Friday, February 16, 2024, at 11:00 a.m., in the courtroom of the undersigned. IT IS FURTHER ORDERED that the parties will each file a brief, no longer than two pages, on the proper amount of a bond to cover the costs and damages that will be sustained by Defendants during the time covered by this Temporary Restraining Order if they are found to have been wrongly enjoined, no later than Monday, February 5, 2024, at 5:00 p.m. See Fed. R. Civ. P. 65(c). IT IS FINALLY ORDERED that the parties will meet and confer and file on the docket no later than Wednesday, February 7, 2024, a proposed schedule for limited discovery, if necessary, and briefing of a motion for a preliminary injunction. Briefing of any such motion must be complete no later than Wednesday, February 14, 2024, at 5:00 p.m. Signed by District Judge Sarah E. Pitlyk on 2/5/2024. (NEP)
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Filing 32
TEMPORARY RESTRAINING ORDER: IT IS HEREBY ORDERED that Plaintiff' Motion for Temporary Restraining Order, Doc. #4 , is GRANTED IN PART. [SEE ORDER FOR COMPLETE DETAILS.] (Hearing on Motion for Preliminary Injunction set for 2/16/2024 11:00 AM in Courtroom 16N - St. Louis before District Judge Sarah E. Pitlyk.) Signed by District Judge Sarah E. Pitlyk on 2/3/2024. (AFO)
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| Filing 31 ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before District Judge Sarah E. Pitlyk: Motion Hearing held on 2/2/2024 re #4 MOTION for Temporary Restraining Order filed by Biovant, LLC. Arguments heard; order to issue. (Court Reporter:Kristine Toennies, Kristine_Toennies@moed.uscourts.gov, 314-244-6701) (proceedings started: 2:10 p.m.) (proceedings ended: 5:16 p.m.) (Deputy Clerk: K. Kratzer)(Appearance for Plaintiff: Thomas Hayde and Catherine Schwarze)(Appearance for Defendant: Mark Goodman and Stephen Hoeplinger) (KEK) Modified on 2/5/2024 (ANR). |
| Filing 30 ENTRY of Appearance by Joshua C. Dickinson for Plaintiff Biovant, LLC. (Dickinson, Joshua) |
| Filing 29 SUPPLEMENTAL re #28 Reply to Response to Motion by Plaintiff Biovant, LLC. (Hayde, Thomas) |
| Filing 28 REPLY to Response to Motion re #4 MOTION for Temporary Restraining Order filed by Plaintiff Biovant, LLC. (Attachments: #1 Exhibit Exhibit 1 - Declaration of Chris Masters)(Hayde, Thomas) |
| Filing 27 MEMORANDUM in Opposition re #4 MOTION for Temporary Restraining Order filed by Defendants Dustin Wassenaar, Wassenaar AG Supply, LLC. (Attachments: #1 Exhibit 1 - Wassenaar Declaration, #2 Exhibit 2 - BTI Complaint, #3 Exhibit 3 - Wassenaar-SGI Dealer Agreement)(Hoeplinger, Stephen) |
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Filing 26
Docket Text ORDER: Re: #25 Unopposed MOTION for Leave to File in Excess of Page Limitation by Defendants Dustin Wassenaar, Wassenaar AG Supply, LLC. (Attachments: # 1 Text of Proposed Order Ex. A - Proposed Order)(Hoeplinger, Stephen) filed by Wassenaar AG Supply, LLC, Dustin Wassenaar; ORDERED GRANTED. Signed by District Judge Sarah E. Pitlyk on 1/31/2024. (KEK)
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| Filing 25 Unopposed MOTION for Leave to File in Excess of Page Limitation by Defendants Dustin Wassenaar, Wassenaar AG Supply, LLC. (Attachments: #1 Text of Proposed Order Ex. A - Proposed Order)(Hoeplinger, Stephen) |
| Filing 24 DISCLOSURE STATEMENT by Dustin Wassenaar. No corporate parents or affiliates identified. (Hoeplinger, Stephen) |
| Filing 23 Electronic Notice re: Disclosure Statement to Defendant Dustin Wassenaar. Pursuant to Local Rule 2.09, every non-governmental party, including individuals, or intervenors must file a Disclosure Statement in this diversity case. Individual parties must list their name and state of citizenship in Section 2 of the form. # (moed-0001.pdf). (CBL) |
| Filing 22 SUMMONS Returned Executed filed by Biovant, LLC. Wassenaar AG Supply, LLC served on 1/24/2024, answer due 2/14/2024. (Hayde, Thomas) |
| Filing 21 SUMMONS Returned Executed filed by Biovant, LLC. Dustin Wassenaar served on 1/24/2024, answer due 2/14/2024. (Hayde, Thomas) |
| Filing 20 AMENDED DISCLOSURE STATEMENT by Wassenaar AG Supply, LLC. No corporate parents or affiliates identified. (Hoeplinger, Stephen) |
| Filing 19 NOTICE of Filing Deficiency re #16 Disclosure Statement filed by Defendant Wassenaar AG Supply, LLC. In accordance with Eastern District of Missouri Local Rules and the Case Management/Electronic Case Filing (CM/ECF) Procedures Manual, a filing deficiency has been identified as follows: --In addition to the information already provided in Section 2, this section must also include the primary state of incorporation/formation of the LLC, and the primary state of business of the LLC.-- The Disclosure Statement must be refiled. (ANR) |
| Filing 18 ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before District Judge Sarah E. Pitlyk: Status Conference held on 1/26/2024. Parties present via Zoom video conference. A hearing on the motion for temporary restraining order is set for Friday, February 2, 2024, at 2:00 p.m. in Courtroom 16N. Defendants' brief in opposition is due no later than Wednesday, January 31, 2024. Any reply brief must be filed no later than Thursday, February 1, 2024. (Hearing on Motion for Temporary Restraining Order set for 2/2/2024 02:00 PM in Courtroom 16N - St. Louis before District Judge Sarah E. Pitlyk.) (Court Reporter:Kristine Toennies, Kristine_Toennies@moed.uscourts.gov, 314-244-6701) (proceedings started: 1:02) (proceedings ended: 1:25) (Deputy Clerk: K. Zenon)(Appearance for Plaintiff: Thomas W. Hayde)(Appearance for Defendant: Mark Goodman and Stephen Hoeplinger) (KRZ) Modified on 1/29/2024 (KRZ). |
| Filing 17 ENTRY of Appearance by Catherine L Schwarze for Plaintiff Biovant, LLC. (Schwarze, Catherine) |
| Filing 16 DISCLOSURE STATEMENT by Wassenaar AG Supply, LLC. No corporate parents or affiliates identified. (Hoeplinger, Stephen) |
| Filing 15 ENTRY of Appearance by Stephen M. Hoeplinger for Defendants Dustin Wassenaar, Wassenaar AG Supply, LLC. (Hoeplinger, Stephen) |
| Filing 14 ENTRY of Appearance by Mark E. Goodman for Defendants Dustin Wassenaar, Wassenaar AG Supply, LLC. (Goodman, Mark) |
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Filing 13
Docket Text ORDER: The Zoom Status Conference in this matter is reset for Friday, January 26, 2024, at 1:00 PM via Zoom. The parties will receive the Zoom instructions via separate email. (Status Conference set for 1/26/2024 01:00 PM in Zoom Video Conference before District Judge Sarah E. Pitlyk.) Signed by District Judge Sarah E. Pitlyk on 1/25/2024. (AFO)
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| Filing 12 SUPPLEMENTAL re #1 Complaint, by Plaintiff Biovant, LLC. (Hayde, Thomas) |
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Filing 11
Docket Text ORDER: A Zoom Status Conference is set in this matter for January 25, 2024, at 10:00 AM. The Zoom instructions were previously emailed to counsel. (Status Conference set for 1/25/2024 10:00 AM in Zoom Video Conference before District Judge Sarah E. Pitlyk.) Signed by District Judge Sarah E. Pitlyk on 1/24/2024. (AFO)
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| Filing 10 AMENDED DISCLOSURE STATEMENT by Biovant, LLC. No corporate parents or affiliates identified. (Hayde, Thomas) |
| Filing 9 NOTICE REQUESTING HEARING ON MOTION FOR TRO by Plaintiff Biovant, LLC re #4 MOTION for Temporary Restraining Order (Hayde, Thomas) Modified on 1/23/2024 to reflect title of document (JWD). |
| Filing 8 NOTICE of Filing Deficiency re #3 Disclosure Statement filed by Plaintiff Biovant, LLC. In accordance with Eastern District of Missouri Local Rules and the Case Management/Electronic Case Filing (CM/ECF) Procedures Manual, a filing deficiency has been identified as follows: Please also include in Section 2 the state of incorporation/formation of the LLC, and the primary state of business for the LLC. The Disclosure Statement must be refiled. (ANR) |
| Case Opening Notification. Judge Assigned: Honorable Sarah E. Pitlyk. 2 Summons(es) issued and emailed to attorney Thomas W. Hayde, Jr.. Pursuant to Local Rule 2.09, every nongovernmental corporate party or nongovernmental corporation that seeks to intervene in any case, and every party or intervenor in an action in which jurisdiction is based upon diversity, must file a Disclosure Statement immediately upon entering its appearance in the case. Please complete and file the certificate as soon as possible. # (moed-0001.pdf). (JWD) |
| Filing 7 NOTICE of Filing Deficiency re #4 MOTION for Temporary Restraining Order . In accordance with Eastern District of Missouri Local Rules and the Case Management/Electronic Case Filing (CM/ECF) Procedures Manual, a filing deficiency has been identified as follows: A separate notice indicating the date and time the filing party is requesting the TRO be heard, as well as the parties and attorneys expected to appear not filed. This deficiency must be filed in the case record immediately. (JWD) |
| Filing 6 MEMORANDUM in Support of Motion re #4 MOTION for Temporary Restraining Order filed by Plaintiff BIOVANT, LLC d/b/a BIOVANTE. (Hayde, Thomas) |
| Filing 5 MOTION for Leave to File in Excess of Page Limitation by Plaintiff BIOVANT, LLC d/b/a BIOVANTE. (Attachments: #1 Proposed Order)(Hayde, Thomas) |
| Filing 4 MOTION for Temporary Restraining Order by Plaintiff BIOVANT, LLC d/b/a BIOVANTE. (Attachments: #1 Proposed Order)(Hayde, Thomas) |
| Filing 3 DISCLOSURE STATEMENT by BIOVANT, LLC d/b/a BIOVANTE. No corporate parents or affiliates identified. (Hayde, Thomas) |
| Filing 2 NOTICE OF PROCESS SERVER by Plaintiff BIOVANT, LLC d/b/a BIOVANTE (Hayde, Thomas) |
| Filing 1 COMPLAINT against defendant BIOVANT, LLC d/b/a BIOVANTE Jury Demand,, filed by BIOVANT, LLC d/b/a BIOVANTE. (Attachments: #1 Exhibit Exhibit 1, #2 Civil Cover Sheet Civil Cover Sheet, #3 Original Filing Form Original Filing Form, #4 Summons Summons, #5 Summons Summons)(Hayde, Thomas) |
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