MI-94, LLC v. Chemetall US, Inc. et al
| MI-94, LLC, MI-94, LLC doing business as Metalast International LLC and Metalast International LLC |
| Chemetall US, Inc., BASF Corporation, Qualichem Inc., Dubois Chemicals, Inc., Miles Chemical Company, John Schneider and Associates, Inc., Broco Products, Inc., Ronatec C2C, Electroplating Consultants International, Albemarle Corporation, Southern Industrial Chemicals, Inc, Dean Meiling, Madylon Meiling, DSM Partners, LLC and Chemeon Surface Technology |
| 2:2023cv00647 |
| April 25, 2023 |
| US District Court for the District of Nevada |
| Daniel J Albregts |
| Cristina D Silva |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| Both |
Docket Report
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This docket was last retrieved on November 27, 2023. A more recent docket listing may be available from PACER.
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Filing 72
ORDER Granting #68 Stipulation of Dismissal. Defendant Dubois Chemicals, Inc. dismissed with prejudice. Signed by Judge Cristina D. Silva on 8/16/2023. (Copies have been distributed pursuant to the NEF - ALZ)
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Filing 71
CERTIFICATE of Interested Parties by Qualichem Inc. that identifies all parties that have an interest in the outcome of this case. Corporate Parent Yushiro Chemical Industry Co., Ltd., Corporate Parent Yushiro Manufacturing America, Inc for Qualichem Inc. added.. (Hosmer-Henner, Adam)
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Filing 70
ORDER Granting #67 Stipulation to Extend Time to Answer to Amended Complaint. Dubois Chemicals, Inc. answer due 9/13/2023. Signed by Magistrate Judge Daniel J. Albregts on 8/15/2023. (Copies have been distributed pursuant to the NEF - ALZ)
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Filing 69
ORDER Granting #66 Stipulation Extending Briefing Schedule on #63 Motion to Dismiss, Response due by 9/5/2023. Reply due by 9/26/2023. Signed by Judge Cristina D. Silva on 8/15/2023. (Copies have been distributed pursuant to the NEF - ALZ)
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Filing 68
Joint STIPULATION FOR DISMISSAL with Prejudice by Plaintiff MI-94, LLC. (Gray, Jeremy) (dismissal)
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Filing 67
STIPULATION FOR EXTENSION OF TIME (First Request) re #56 Amended Complaint by Defendant Dubois Chemicals, Inc.. (Allen, W.) (extend) (answer)
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Filing 66
STIPULATION FOR EXTENSION OF TIME (First Request) re #63 Motion to Dismiss, #61 Motion to Dismiss,, by Plaintiff MI-94, LLC. (Gray, Jeremy) (extend) (sumjgm)
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Filing 65
MINUTE ORDER IN CHAMBERS of the Honorable Judge Cristina D. Silva on 8/9/2023. Plaintiff MI-94, LLC filed an amended complaint on July 24, 2023, which has the effect of superseding the original complaint. Ramirez v. County of San Bernardino, 806 F.3d 1002, 1008 (9th Cir. 2015). As a result, the original pleading no longer performs any function and motions to dismiss targeting the original pleading are deemed moot. Id. I previously denied as moot the two motions to dismiss that targeted the original complaint, and I now also dismiss Chemetall US, Inc.'s additional motion to dismiss. ECF No. #48 . IT IS HEREBY ORDERED that Chemetall's motion to dismiss (ECF No. #48 ) is DENIED as moot. (no image attached) (Copies have been distributed pursuant to the NEF - JLB)
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Filing 64
MINUTE ORDER IN CHAMBERS of the Honorable Judge Cristina D. Silva on 8/8/2023. Plaintiff MI-94, LLC filed an amended complaint on July 24, 2023, which has the effect of superseding the original complaint. Ramirez v. County of San Bernardino, 806 F.3d 1002, 1008 (9th Cir. 2015). As a result, the original pleading no longer performs any function and motions to dismiss targeting the original pleading are deemed moot. Id. Accordingly, IT IS HEREBY ORDERED that the defendants' two motions to dismiss targeting the original complaint, ECF Nos. #40 and #44 , are DENIED as moot. I will consider the motions to dismiss the amended complaint in due course. (no image attached) (Copies have been distributed pursuant to the NEF - JLB)
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Filing 63
MOTION to Dismiss #56 Amended Complaint by Defendants BASF Corporation, Broco Products, Inc., Chemeon Surface Technology, Chemetall US, Inc., DSM Partners, LLC, John Schneider and Associates, Inc., Dean Meiling, Madylon Meiling, Miles Chemical Company, Qualichem Inc., Southern Industrial Chemicals, Inc. Responses due by 8/21/2023. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Hosmer-Henner, Adam)
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Filing 62
CERTIFICATE of Interested Parties by Albemarle Corporation. There are no known interested parties other than those participating in the case. (Goodenow, Rew)
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Filing 61
MOTION to Dismiss by Defendant Albemarle Corporation. Responses due by 8/21/2023. Certificate of Interested Parties due by 8/17/2023. Discovery Plan/Scheduling Order due by 9/21/2023. (Attachments: #1 Exhibit A - Secretary of State Information)(Goodenow, Rew) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court.
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Filing 60
NOTICE of intent to dismiss pursuant to FRCP 4(m). The * complaint* in this action was filed on* 4/25/2023.* To date no proper proof of service has been filed as to*Ronatec C2C and Electroplating Consultants International.* FRCP 4(m) dismissal deadline set for 9/6/2023. (WJ)
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Filing 59
CLERK'S NOTICE Regarding Local Rule IC 2-1. Attorney Andrew R. Patty II is in violation of Local Rule IC 2-1(a) and 2-1(d). You are required to register to file documents electronically in the Court's electronic filing system (CM/ECF) and the electronic service of pleadings and other papers. Please visit the PACER website www.pacer.gov to complete the registration. (no image attached) (WJ) Modified on 7/27/2023 In compliance (WJ).
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Filing 58
ORDER APPROVING ECF No. #54 Verified Petition for Permission to Practice Pro Hac Vice for Attorney R. Andrew Patty, II for Albemarle Corporation and approving Designation of Local Counsel Rew R. Goodenow. Signed by Judge Cristina D. Silva on 7/25/2023. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - DLS)
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Filing 57
ORDER APPROVING ECF No. #53 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Lindsay Calhoun for Albemarle Corporation and approving Designation of Local Counsel Rew R. Goodenow. Signed by Judge Cristina D. Silva on 7/25/2023. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - DLS)
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Filing 56
AMENDED COMPLAINT with Jury Demand against All Defendants by MI-94, LLC. No changes to parties. (Gray, Jeremy)
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Filing 55
ORDER Granting #51 Stipulation to Extend Deadline to Answer #1 Complaint. Dubois Chemicals, Inc. answer due 8/14/2023. Signed by Magistrate Judge Daniel J. Albregts on 7/18/2023. (Copies have been distributed pursuant to the NEF - KF)
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Filing 54
MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by R. Andrew Patty II and DESIGNATION of Local Counsel Rew R. Goodenow (Filing fee $ 250 receipt number ANVDC-7365422) by Defendant Albemarle Corporation. (Goodenow, Rew)
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Filing 53
MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Lindsay Calhoun and DESIGNATION of Local Counsel Rew R. Goodenow (Filing fee $ 250 receipt number BNVDC-7365386) by Defendant Albemarle Corporation. (Goodenow, Rew)
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Filing 52
RESPONSE to #40 Motion to Dismiss,, by Plaintiff MI-94, LLC. Replies due by 7/24/2023. (Gray, Jeremy)
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Filing 51
First STIPULATION FOR EXTENSION OF TIME (First Request) by Defendant Dubois Chemicals, Inc.. (Allen, W.) (extend) (answer)
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Filing 50
CERTIFICATE of Interested Parties by BASF Corporation, Broco Products, Inc., Chemeon Surface Technology, Chemetall US, Inc., DSM Partners, LLC, John Schneider and Associates, Inc., Dean Meiling, Madylon Meiling, Miles Chemical Company, Qualichem Inc., Southern Industrial Chemicals, Inc that identifies all parties that have an interest in the outcome of this case. Corporate Parent BASF Corporation for Chemetall US, Inc.; Corporate Parent BASF USA Holding LLC, Corporate Parent BASF Nederland BV, Corporate Parent BASF SE for BASF Corporation added. Other Affiliates DSM Partners, LP, DSM P GP LLC, Suite B LLC, DSM/MBM Family Trust, James Proctor, Janet Chubb, Tiffany Schwartz, Armstrong Teasdale, LLP, Kaempfer Crowell, LTD, Meridian Advantage, Marc Harris. (Hosmer-Henner, Adam) Modified to add Other Affiliates on 7/14/2023 - NEF regenerated (CJS).
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Filing 49
JOINDER to #40 Motion to Dismiss,, by Defendant Southern Industrial Chemicals, Inc. (Hosmer-Henner, Adam)
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Filing 48
MOTION to Dismiss by Defendant Southern Industrial Chemicals, Inc. Responses due by 7/27/2023. Certificate of Interested Parties due by 7/23/2023. Discovery Plan/Scheduling Order due by 8/27/2023. (Hosmer-Henner, Adam) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court.
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Filing 47
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Daniel J. Albregts on 7/5/2023. Re: #41 Stipulation to extend time. Having reviewed the parties' stipulation for Defendant Dubois Chemicals, Inc. to have additional time to respond to the complaint, the Court finds that it fails to provide the reason for the requested extension as required by Local Rule IA 6-1(a). See LR IA 6-1(a) (explaining that a "stipulation to extend time must state the reasons for the extension requested..."). IT IS THEREFORE ORDERED that the parties' stipulation #41 is DENIED WITHOUT PREJUDICE. (no image attached) (Copies have been distributed pursuant to the NEF - KL)
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Filing 46
NOTICE OF RELATED CASES 3:20-cv-00518-MMD-CLB; 3:19-cv-00339-MMD-CBC; 3:19-cv-00125-CLB; 3:16-cv-00572-MMD-CLB; 3:15-cv-00294-CLB by Defendants BASF Corporation, Broco Products, Inc., Chemeon Surface Technology, Chemetall US, Inc., DSM Partners, LLC, John Schneider and Associates, Inc., Dean Meiling, Madylon Meiling, Miles Chemical Company, Qualichem Inc.. . (Hosmer-Henner, Adam)
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Filing 45
JOINDER to #40 Motion to Dismiss,, by Defendant Broco Products, Inc... (Hosmer-Henner, Adam)
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Filing 44
MOTION to Dismiss #1 Complaint, by Defendant Broco Products, Inc.. Responses due by 7/19/2023. Certificate of Interested Parties due by 7/15/2023. Discovery Plan/Scheduling Order due by 8/19/2023. (Hosmer-Henner, Adam) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court.
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Filing 43
NOTICE of Appearance by attorney Jane Susskind on behalf of Defendants BASF Corporation, Chemeon Surface Technology, Chemetall US, Inc., DSM Partners, LLC, John Schneider and Associates, Inc., Dean Meiling, Madylon Meiling, Miles Chemical Company, Qualichem Inc.. (Susskind, Jane)
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Filing 42
CERTIFICATE of Interested Parties by Dubois Chemicals, Inc.. There are no known interested parties other than those participating in the case (Allen, W.)
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Filing 41
First STIPULATION FOR EXTENSION OF TIME (First Request) by Defendant Dubois Chemicals, Inc.. (Allen, W.) (extend) (answer)
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Filing 40
MOTION to Dismiss #1 Complaint, by Defendants BASF Corporation, Chemeon Surface Technology, Chemetall US, Inc., DSM Partners, LLC, John Schneider and Associates, Inc., Dean Meiling, Madylon Meiling, Miles Chemical Company, Qualichem Inc.. Responses due by 7/17/2023. Certificate of Interested Parties due by 7/13/2023. Discovery Plan/Scheduling Order due by 8/17/2023. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Hosmer-Henner, Adam) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court.
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Filing 39
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Daniel J. Albregts on 6/27/2023. Re: #38 Defendant Albemarle Corporation's motion to extend time to respond to Plaintiff's complaint. Having reviewed Defendant's motion, the Court finds that Defendant has demonstrated the good cause required by Federal Rule of Civil Procedure 6(b) and explained the reasons for the extension as required by Local Rule IA 6-1(a). IT IS THEREFORE ORDERED that the motion to extend time #38 is GRANTED. Defendant Albemarle Corporation shall have until July 26, 2023 within which to response to the complaint. (no image attached) (Copies have been distributed pursuant to the NEF - KL)
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Filing 38
MOTION to Extend Time (First Request) to Respond to Plaintiff's Complaint re #1 Complaint, by Defendant Albemarle Corporation. Responses due by 7/10/2023. (Goodenow, Rew) (answer)
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Filing 37
SUMMONS Returned Executed by MI-94, LLC re #10 Proposed Summons to be issued. Broco Products, Inc. served on 6/14/2023. (Attachments: #1 Affidavit of Due Diligence)(Gizer, Scott)
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Filing 36
SUMMONS Returned Executed by MI-94, LLC re #21 Proposed Summons to be issued. John Schneider and Associates, Inc. served on 6/14/2023. (Gizer, Scott)
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Filing 35
SUMMONS Returned Executed by MI-94, LLC re #19 Proposed Summons to be issued. Qualichem Inc. served on 6/14/2023. (Gizer, Scott)
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Filing 34
SUMMONS Returned Executed by MI-94, LLC re #8 Proposed Summons to be issued. Albemarle Corporation served on 6/14/2023. (Gizer, Scott)
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Filing 33
SUMMONS Returned Executed by MI-94, LLC re #15 Proposed Summons to be issued. Dubois Chemicals, Inc. served on 6/14/2023. (Gizer, Scott)
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Filing 32
SUMMONS Returned Executed by MI-94, LLC re #9 Proposed Summons to be issued. BASF Corporation served on 6/14/2023. (Gizer, Scott)
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Filing 31
SUMMONS Returned Executed by MI-94, LLC re #12 Proposed Summons to be issued. Chemetall US, Inc. served on 6/14/2023. (Gizer, Scott)
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Filing 30
SUMMONS Returned Executed by MI-94, LLC re #23 Summons Issued,. Miles Chemical Company served on 6/13/2023. (Gizer, Scott)
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Filing 29
WAIVER OF SERVICE Returned Executed by MI-94, LLC re #17 Proposed Summons to be issued, #11 Proposed Summons to be issued, #14 Proposed Summons to be issued, #13 Proposed Summons to be issued. Chemeon Surface Technology waiver sent on 5/3/2023, answer due 7/2/2023. (Gray, Jeremy)
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Filing 28
CLERK'S NOTICE Regarding Local Rule IC 2-1. Attorney Jeremy J.F. Gray is in violation of Local Rule IC 2-1(a) and 2-1(d). You are required to register to file documents electronically in the Court's electronic filing system (CM/ECF) and the electronic service of pleadings and other papers. Please visit the PACER website www.pacer.gov to complete the registration. (no image attached) (WJ) Modified on 5/12/2023 COMPLIED (WJ).
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Filing 27
ORDER Granting #25 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Jeremy J.F. Gray for MI-94, LLC and approving Designation of Local Counsel Scott E. Gizer. Signed by Judge Cristina D. Silva on 5/11/2023. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov (Copies have been distributed pursuant to the NEF - AMMi)
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Filing 26
ORDER Granting #24 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Eric P. Early for MI-94, LLC and approving Designation of Local Counsel Scott E. Gizer. Signed by Judge Cristina D. Silva on 5/11/2023. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov (Copies have been distributed pursuant to the NEF - AMMi)
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Filing 25
MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Jeremy J.F. Gray and DESIGNATION of Local Counsel Scott Evan Gizer (Filing fee $ 250 receipt number ANVDC-7294929) by Plaintiff MI-94, LLC. (Gizer, Scott)
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Filing 24
MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Eric Peter Early and DESIGNATION of Local Counsel Scott Evan Gizer (Filing fee $ 250 receipt number ANVDC-7294927) by Plaintiff MI-94, LLC. (Gizer, Scott)
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Filing 23
SUMMONS ISSUED as to Albemarle Corporation, BASF Corporation, Broco Products, Inc., Chemeon Surface Technology, Chemetall US, Inc., DSM Partners, LLC, Dubois Chemicals, Inc., Electroplating Consultants International, John Schneider and Associates, Inc., Dean Meiling, Madylon Meiling, Miles Chemical Company, Qualichem Inc., Ronatec C2C, Southern Industrial Chemicals, Inc. (JQC)
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Filing 22
PROPOSED SUMMONS to be issued to Defendant SOUTHERN INDUSTRIAL CHEMICALS, INC by Plaintiff MI-94, LLC. (Gizer, Scott)
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Filing 21
PROPOSED SUMMONS to be issued to Defendant JOHN SCHNEIDER AND ASSOCIATES, INC. by Plaintiff MI-94, LLC. (Gizer, Scott)
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Filing 20
PROPOSED SUMMONS to be issued to Defendant RONATEC C2C by Plaintiff MI-94, LLC. (Gizer, Scott)
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Filing 19
PROPOSED SUMMONS to be issued to Defendant QUALICHEM INC. by Plaintiff MI-94, LLC. (Gizer, Scott)
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Filing 18
PROPOSED SUMMONS to be issued to Defendant MILES CHEMICAL COMPANY by Plaintiff MI-94, LLC. (Gizer, Scott)
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Filing 17
PROPOSED SUMMONS to be issued to Defendant MADYLON MEILING by Plaintiff MI-94, LLC. (Gizer, Scott)
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Filing 16
PROPOSED SUMMONS to be issued to Defendant ELECTROPLATING CONSULTANTS INTERNATIONAL by Plaintiff MI-94, LLC. (Gizer, Scott)
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Filing 15
PROPOSED SUMMONS to be issued to Defendant DUBOIS CHEMICALS, INC. by Plaintiff MI-94, LLC. (Gizer, Scott)
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Filing 14
PROPOSED SUMMONS to be issued to Defendant DSM Partners, LLC by Plaintiff MI-94, LLC. (Gizer, Scott)
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Filing 13
PROPOSED SUMMONS to be issued to Defendant DEAN MEILING by Plaintiff MI-94, LLC. (Gizer, Scott)
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Filing 12
PROPOSED SUMMONS to be issued to Defendant CHEMETALL US, INC. by Plaintiff MI-94, LLC. (Gizer, Scott)
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Filing 11
PROPOSED SUMMONS to be issued to Defendant CHEMEON SURFACE TECHNOLOGY by Plaintiff MI-94, LLC. (Gizer, Scott)
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Filing 10
PROPOSED SUMMONS to be issued to Defendant BROCO PRODUCTS, INC. by Plaintiff MI-94, LLC. (Gizer, Scott)
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Filing 9
PROPOSED SUMMONS to be issued to Defendant BASF CORPORATION by Plaintiff MI-94, LLC. (Gizer, Scott)
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Filing 8
PROPOSED SUMMONS to be issued to Defendant ALBEMARLE CORPORATION by Plaintiff MI-94, LLC. (Gizer, Scott)
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Filing 7
AO 120 - REPORT on the filing or determination of an action regarding a patent or trademark. E-mailed to the US Patent and Trademark Office. (Attachments: #1 Complaint) (LOE)
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Filing 6
STANDING ORDER. This case has been assigned to the Honorable Judge Cristina D. Silva. Judge Silva's Chambers Practices, which are posted on the U.S. District Court, District of Nevada public website, may also be accessed directly via this hyperlink #www.nvd.uscourts.gov. (Copies have been distributed pursuant to the NEF - LOE)
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Case randomly assigned to Judge Cristina D. Silva and Magistrate Judge Daniel J. Albregts. (LOE)
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Filing 5
NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel jgray@earlysullivan.com to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the PACER website www.pacer.gov to register Attorney. Verified Petition due by 5/10/2023. (no image attached) (WJ)
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Filing 4
NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Eric P. Early to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the PACER website www.pacer.gov to register Attorney. Verified Petition due by 5/10/2023. (no image attached) (WJ)
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Filing 3
STATUS REPORT on the Filing or Determination of An Action Regarding a Patent or Trademark by Plaintiff MI-94, LLC.. (Gizer, Scott)
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Filing 2
CERTIFICATE of Interested Parties by MI-94, LLC. There are no known interested parties other than those participating in the case (Gizer, Scott)
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Filing 1
COMPLAINT against All Defendants (Filing fee $402 receipt number ANVDC-7278517) by MI-94, LLC. Certificate of Interested Parties due by 5/5/2023. Proof of service due by 7/24/2023. (Attachments: #1 Civil Cover Sheet) (Gizer, Scott) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court.
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