KREMER v. LYSICH et al
| SEMYON KREMER |
| INKVIST, INC., SMILE LAND, INC., IGOR FEDORENKO, PROTOGROUP, INC., ALEXEY LYSICH and PETR LYSICH |
| ADAM K. DERMAN |
| 3:2018cv03676 |
| March 16, 2018 |
| US District Court for the District of New Jersey |
| Trenton Office |
| Middlesex |
| Douglas E Arpert |
| Freda L Wolfson |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 1, 2019. A more recent docket listing may be available from PACER.
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Case transferred from New Jersey has been opened in Middle District of Florida as case 3:19-cv-00887, filed 07/31/2019. (dm )
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Filing 51
ORDER that Defendant's #34 Motion to Dismiss is GRANTED. It is further Ordered that this matter is transferred to the United States District Court for the Middle District of Florida, in lieu of dismissal. ***CIVIL CASE TERMINATED Signed by Chief Judge Freda L. Wolfson on 07/30/2019. (jmh)
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Filing 50
OPINION filed. Signed by Chief Judge Freda L. Wolfson on 07/30/2019. (jmh)
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Case extracted via ECF to the Middle District of Florida (jjc, )
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Filing 49
ORDER granting #44 Motion for entry of an order: (1) authorizing procedures for the Receivers marketing and private sale of certain real property owned by defendant Inkvist, Inc. (Inkvist); (ii) relieving the Receiver from the provisions of 28 U.S.C. 2001-2002; (iii) approving the real estate broker's commission and listing agreement; and (iv) granting related relief. Signed by Judge Freda L. Wolfson on 5/7/2019. (mmh)
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Filing 48
ORDER granting #47 Motion for Leave to Appear Pro Hac Vice as to Nicole A. Sullivan, Esq. Signed by Magistrate Judge Douglas E. Arpert on 4/23/2019. (mmh)
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Filing 47
MOTION for Leave to Appear Pro Hac Vice on behalf of Nicole A. Sullivan, Esq. by ALEXEY LYSICH, PETR LYSICH, PROTOGROUP, INC., SMILE LAND, INC.. (Attachments: #1 Certification of Andrew I. Hamelsky, #2 Certification of Nicole A. Sullivan, #3 Exhibit Certificate of Good Standing, #4 Text of Proposed Order)(HAMELSKY, ANDREW)
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Set Deadlines as to #47 MOTION for Leave to Appear Pro Hac Vice on behalf of Nicole A. Sullivan, Esq.. Motion set for 5/6/2019 before Magistrate Judge Douglas E. Arpert. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mmh)
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Set Deadlines as to #44 MOTION Receiver's motion for entry of an order: (i) authorizing procedures for the Receivers marketing and private sale of certain real property owned by Inkvist; (ii) relieving the Receiver from the provisions of 28 U.S.C. 2001-2002. Motion set for 4/15/2019 before Judge Freda L. Wolfson. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mmh)
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Filing 46
CERTIFICATE OF SERVICE by ADAM K. DERMAN re #44 MOTION Receiver's motion for entry of an order: (i) authorizing procedures for the Receivers marketing and private sale of certain real property owned by Inkvist; (ii) relieving the Receiver from the provisions of 28 U.S.C. 2001-2002 (CARUSO, MICHAEL)
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Filing 45
STATEMENT Receiver's second interim monthly statement of fees and expenses incurred during the period of February 1, 2019 through February 28, 2019 by ADAM K. DERMAN. (Attachments: #1 Statement)(DERMAN, ADAM)
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Filing 44
MOTION Receiver's motion for entry of an order: (i) authorizing procedures for the Receivers marketing and private sale of certain real property owned by Inkvist; (ii) relieving the Receiver from the provisions of 28 U.S.C. 2001-2002; (iii) approving the real estate brokers commission and listing agreement; and (iv) granting related relief by ADAM K. DERMAN. (Attachments: #1 Brief, #2 Declaration, #3 Exhibit "A" Listing Agreement and Addendum, #4 Text of Proposed Order)(DERMAN, ADAM)
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Filing 43
STATEMENT Receiver's first interim monthly statement of fees and expenses incurred during the period of December 14, 2018 through January 30, 2019 by ADAM K. DERMAN. (Attachments: #1 Statement)(DERMAN, ADAM)
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Filing 42
Letter re #41 Reply Brief to Opposition to Motion. (HAMELSKY, ANDREW)
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Filing 41
REPLY BRIEF to Opposition to Motion filed by ALEXEY LYSICH, PETR LYSICH, PROTOGROUP, INC., SMILE LAND, INC. re #34 MOTION to Dismiss (Attachments: #1 Affidavit of Alexey Lysich)(HAMELSKY, ANDREW)
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Filing 40
ORDER Approving Receiver's Employment of Professionals and Schedule of Professional Fee Hourly Rates. Signed by Judge Freda L. Wolfson on 1/17/2019. (mmh)
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Filing 39
DECLARATION re #33 Order, Add and Terminate Parties Declaration of Adam Derman, Receiver for Defendant Inkvist, Inc. Regarding Employment of Professionals and Schedule of Professional Fee Hourly Rates by ADAM K. DERMAN. (Attachments: #1 Text of Proposed Order)(CARUSO, MICHAEL)
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Filing 38
NOTICE of Appearance by MICHAEL R. CARUSO on behalf of ADAM K. DERMAN (CARUSO, MICHAEL)
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Filing 37
BRIEF in Opposition filed by All Plaintiffs re #34 MOTION to Dismiss PLAINTIFF'S COMPLAINT OR ALTERNATIVELY MOTION TO TRANSFER VENUE (Attachments: #1 Text of Proposed Order, #2 Exhibit U, #3 Exhibit V, #4 Exhibit W, #5 Exhibit AA, #6 Certificate of Service)(FRANK, ALAN)
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Filing 36
ORDER granting #30 Motion for Leave to Appear Pro Hac Vice as to Nicole Ballante, Esq.. Signed by Magistrate Judge Douglas E. Arpert on 12/20/2018. (jjc, )
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Filing 35
ORDER granting #30 Motion for Leave to Appear Pro Hac Vice as to Michael Crosbie, Esq.. Signed by Magistrate Judge Douglas E. Arpert on 12/20/2018. (jjc)
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Text Minute Entry for proceedings held before Magistrate Judge Douglas E. Arpert: Telephone Conference held on 12/20/2018. (ce3)
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Set Deadlines as to #34 MOTION to Dismiss. Motion set for 1/22/2019 before Judge Freda L. Wolfson. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mmh)
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Filing 34
MOTION to Dismiss by ALEXEY LYSICH, PETR LYSICH, PROTOGROUP, INC., SMILE LAND, INC.. Responses due by 1/22/2019 (Attachments: #1 Brief, #2 Exhibit A- Affidavit of Alexey Lysich, #3 Exhibit B - case statistics, #4 Text of Proposed Order, #5 Certificate of Service)(HAMELSKY, ANDREW)
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Filing 33
ORDER Appointing ADAM K. DERMAN, ESQ. as the Custodial Receiver of Inkvist, Inc. Signed by Judge Freda L. Wolfson on 12/14/2018. (km)
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Filing 32
Letter from Andrew I. Hamelsky. (HAMELSKY, ANDREW)
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Filing 31
SUMMONS Returned Executed by SEMYON KREMER. IGOR FEDORENKO served on 11/29/2018, answer due 12/20/2018. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C - 1 of 2, #4 Exhibit C - 2 of 2, #5 Exhibit D)(GOLDIN, JEFFREY)
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Filing 30
First MOTION for Leave to Appear Pro Hac Vice on behalf of Michael Crosbie, Esq. and Nicole Ballante, Esq. by ALEXEY LYSICH, PETR LYSICH, PROTOGROUP, INC., SMILE LAND, INC.. (Attachments: #1 Certification Certification of Andrew I. Hamelsky for Admission of Nicole Ballante, #2 Certification Certification of Andrew I. Hamelsky for Admission of Michael Crosbie, #3 Certification Certification of Nicole Ballante, #4 Certification Certification of Michael Crosbie, #5 Text of Proposed Order Proposed Order for Admission of Nicole Ballante, #6 Text of Proposed Order Proposed Order for Admission of Michael Crosbie, #7 Certificate of Service)(HAMELSKY, ANDREW)
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Set Deadlines as to #30 First MOTION for Leave to Appear Pro Hac Vice on behalf of Michael Crosbie, Esq. and Nicole Ballante, Esq.. Motion set for 1/7/2019 before Magistrate Judge Douglas E. Arpert. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mmh)
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Filing 29
ORDER that Plaintiff's #14 Motion for permission to effectuate alternative service and to appoint a receiver for Inkvist, Inc. is granted. Plaintiff shall complete alternative service upon both A. Lysich and P. Lysich within 21 days from the date of this Order. The Clerk of the Court shall administratively terminate Defendant's pending #13 Motion to Dismiss. Signed by Judge Freda L. Wolfson on 11/20/2018. (mps)
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Set/Reset Hearings: Telephone Status Conference set for 12/20/2018 09:30 AM before Magistrate Judge Douglas E. Arpert. Counsel for Plaintiff is responsible for setting up and initiating the call. (ce3)
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Text Minute Entry for proceedings held before Magistrate Judge Douglas E. Arpert: Status Conference held on 11/6/2018. (ce3)
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Set/Reset Hearings: The Telephone Status Conference set for 11/6/2018 11:00 AM before Magistrate Judge Douglas E. Arpert HAS BEEN CONVERTED TO AN IN PERSON STATUS CONFERENCE. Counsel ARE TO REPORT TO COURTROOM 6W. (ce3)
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Text Minute Entry for proceedings held before Magistrate Judge Douglas E. Arpert: Telephone Conference held on 10/3/2018. Telephone Status Conference set for 11/6/2018 11:00 AM before Magistrate Judge Douglas E. Arpert. Counsel for Defendant is responsible for setting up and initiating the call. (ce3)
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Filing 28
TEXT ORDER: The Telephone Status Conference set for 9/19/2018 before Magistrate Judge Douglas E. Arpert has been rescheduled to 10/3/2018 at 9:30 AM. Counsel for Plaintiff is responsible for setting up and initiating the call. So Ordered by Magistrate Judge Douglas E. Arpert on 09/05/2018. (jlb)
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Filing 27
TEXT ORDER: Telephone Status Conference set for 9/19/2018 03:00 PM before Magistrate Judge Douglas E. Arpert. Counsel for Plaintiff is responsible for setting up and initiating the call. So Ordered by Magistrate Judge Douglas E. Arpert on 09/04/2018. (jlb)
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Clerk's ENTRY OF DEFAULT as to INKVIST, INC. for failure to plead or otherwise defend. (mmh)
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Filing 26
Request for Default by All Plaintiffs against INKVIST, INC.. (Attachments: #1 Affidavit, #2 Exhibit, #3 Certificate of Service)(FRANK, ALAN)
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Filing 25
Letter from Andrew I. Hamelsky re 19 Order,. (HAMELSKY, ANDREW)
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Filing 24
Letter re 19 Order,. (HAMELSKY, ANDREW)
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Filing 23
SUMMONS Returned Executed by SEMYON KREMER. INKVIST, INC. served on 5/10/2018, answer due 5/31/2018. (FRANK, ALAN)
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Filing 22
Letter from Alan L. Frank, Esq. Response re #21 Letter. (FRANK, ALAN)
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Filing 21
Letter from Andrew I. Hamelsky re 19 Order,. (HAMELSKY, ANDREW)
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Filing 20
NOTICE of Appearance by JEFFREY J. GOLDIN on behalf of All Plaintiffs (Attachments: #1 Certificate of Service)(GOLDIN, JEFFREY)
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Filing 19
TEXT ORDER: An in-person evidentiary hearing on #14 the issue of alternative service is set for 7/18/2018 10:30 AM before Magistrate Judge Douglas E. Arpert. Peter Lysich, Alexey Lysich, and counsel of record, including any attorney from Shutts & Bowen LLP who previously represented Igor Fedorenko, are required to attend. So Ordered by Magistrate Judge Douglas E. Arpert on 06/28/2018. (jlb)
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Filing 18
RESPONSE in Support filed by SEMYON KREMER re #14 Emergency MOTION to Appoint Receiver FOR INKVIST, INC. AND CONFIRM SERVICE AND/OR PERMIT ALTERNATIVE SERVICE OF DEFENDANTS IGOR FEDORENKO AND INKVIST, INC. UPON DEFENDANT PETR LYSICH OR DEFENDANTS' COUNSEL (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(FRANK, ALAN)
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Filing 17
BRIEF in Opposition filed by ALEXEY LYSICH, PETR LYSICH, PROTOGROUP, INC., SMILE LAND, INC. re #14 Emergency MOTION to Appoint Receiver FOR INKVIST, INC. AND CONFIRM SERVICE AND/OR PERMIT ALTERNATIVE SERVICE OF DEFENDANTS IGOR FEDORENKO AND INKVIST, INC. UPON DEFENDANT PETR LYSICH OR DEFENDANTS' COUNSEL (Attachments: #1 Affidavit Affidavit of Brian Jones, Esq.)(HAMELSKY, ANDREW)
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Filing 16
REPLY BRIEF to Opposition to Motion filed by ALEXEY LYSICH, PETR LYSICH, PROTOGROUP, INC., SMILE LAND, INC. re #13 MOTION to Dismiss (Attachments: #1 Affidavit Second Affidavit of Alexey Lysich)(HAMELSKY, ANDREW)
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Filing 15
BRIEF in Opposition filed by SEMYON KREMER re #13 MOTION to Dismiss PLAINTIFF'S COMPLAINT OR ALTERNATIVE MOTION TO TRANSFER VENUE (Attachments: #1 Text of Proposed Order, #2 Exhibit U, #3 Exhibit V, #4 Exhibit W, #5 Exhibit AA, #6 Certificate of Service)(FRANK, ALAN)
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Set Deadlines as to #14 Emergency MOTION to Appoint Receiver FOR INKVIST, INC. AND CONFIRM SERVICE AND/OR PERMIT ALTERNATIVE SERVICE OF DEFENDANTS IGOR FEDORENKO AND INKVIST, INC. UPON DEFENDANT PETR LYSICH OR DEFENDANTS' COUNSEL. Motion set for 6/18/2018 before Judge Freda L. Wolfson. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mmh, )
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Filing 14
Emergency MOTION to Appoint Receiver FOR INKVIST, INC. AND CONFIRM SERVICE AND/OR PERMIT ALTERNATIVE SERVICE OF DEFENDANTS IGOR FEDORENKO AND INKVIST, INC. UPON DEFENDANT PETR LYSICH OR DEFENDANTS' COUNSEL by All Plaintiffs. (Attachments: #1 Affidavit AFFIDAVIT OF SEMYON KREMER IN SUPPORT OF THE APPLICATION FOR THE APPOINTMENT OF RECEIVER, #2 Certification CERTIFICATION OF COUNSEL, #3 Exhibit EXHIBIT A, #4 Exhibit EXHIBIT B, #5 Exhibit EXHIBIT C, #6 Exhibit EXHIBIT D, #7 Exhibit EXHIBIT E, #8 Exhibit EXHIBIT F, #9 Exhibit EXHIBIT G, #10 Exhibit EXHIBIT H, #11 Exhibit EXHIBIT I, #12 ORDER TO SHOW CAUSE, #13 Text of Proposed Order PROPOSED ORDER, #14 Certificate of Service CERTIFICATE OF SERVICE)(FRANK, ALAN)
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Set Deadlines as to #13 MOTION to Dismiss . Motion set for 6/4/2018 before Judge Freda L. Wolfson. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mps)
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Filing 13
MOTION to Dismiss by ALEXEY LYSICH, PETR LYSICH, PROTOGROUP, INC., SMILE LAND, INC.. Responses due by 5/21/2018 (Attachments: #1 Brief, #2 Exhibit A - Affidavit of Alexey Lysich, #3 Exhibit B - case statistics, #4 Text of Proposed Order, #5 Certificate of Service)(HAMELSKY, ANDREW)
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CLERK'S QUALITY CONTROL MESSAGE - Please be advised, when entering a first appearance in a case, counsel should add their name when prompted. The Clerks office has added ANDREW I. HAMELSKY as representing PETR LYSICH, ALEXEY LYSICH, PROTOGROUP, INC. AND SMILE LAND, INC. in this case. Additionally, the #12 Application for a Clerk's Extension appears to have address information that does not match the court's records for this case. Please refer to the court's website at www.njd.uscourts.gov for information and instructions on maintaining your account. This submission will remain on the docket unless otherwise ordered by the court. (mmh)
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Clerk`s Text Order - The document #12 Application for Clerk's Order to Ext Answer/Proposed Order submitted by ALEXEY LYSICH, SMILE LAND, INC., PROTOGROUP, INC., PETR LYSICH has been GRANTED. The answer due date has been set for 4/30/2018. (mmh)
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Filing 12
Application and Proposed Order for Clerk's Order to extend time to answer as to Peter Lyisch, Alexey Lysich, Protogroup, Inc. and Smile Land, Inc... (HAMELSKY, ANDREW)
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Filing 11
Summons Returned Unexecuted by SEMYON KREMER as to INKVIST, INC.. (FRANK, ALAN)
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Filing 10
Summons Returned Unexecuted by SEMYON KREMER as to INKVIST, INC.. (FRANK, ALAN)
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Filing 9
Summons Returned Unexecuted by SEMYON KREMER as to INKVIST, INC.. (FRANK, ALAN)
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Filing 8
SUMMONS Returned Executed by SEMYON KREMER. SMILE LAND, INC. served on 3/24/2018, answer due 4/16/2018. (FRANK, ALAN)
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Filing 7
SUMMONS Returned Executed by SEMYON KREMER. PROTOGROUP, INC. served on 3/24/2018, answer due 4/16/2018. (FRANK, ALAN)
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Filing 6
SUMMONS Returned Executed by SEMYON KREMER. IGOR FEDORENKO served on 3/26/2018, answer due 4/16/2018. (FRANK, ALAN)
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Filing 5
SUMMONS Returned Executed by SEMYON KREMER. ALEXEY LYSICH served on 3/26/2018, answer due 4/16/2018. (FRANK, ALAN)
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Filing 4
SUMMONS Returned Executed by SEMYON KREMER. PETR LYSICH served on 3/26/2018, answer due 4/16/2018. (FRANK, ALAN)
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Filing 3
SUMMONS ISSUED as to IGOR FEDORENKO, INKVIST, INC., ALEXEY LYSICH, PETR LYSICH, PROTOGROUP, INC., SMILE LAND, INC. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. Issued By *KIM STILLMAN* (kas, )
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Filing 2
Corporate Disclosure Statement by SEMYON KREMER identifying SEMYON KREMER as Corporate Parent.. (FRANK, ALAN)
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Filing 1
COMPLAINT against All Defendants ( Filing and Admin fee $ 400 receipt number 0312-8556571) with JURY DEMAND, filed by SEMYON KREMER. (Attachments: #1 Civil Cover Sheet, #2 Summons PETR LYSICH, #3 Summons ALEXEY LYSICH, #4 Summons IGOR FEDORENKO C/O PETR LYSICH, #5 Summons PROTOGROUP, INC., #6 Summons INKVIST, INC., #7 Summons SMILE LAND, INC., #8 Exhibit EXHIBIT A, #9 Exhibit EXHIBIT B, #10 Exhibit EXHIBIT C, #11 Exhibit EXHIBIT D, #12 Exhibit EXHIBIT E, #13 Exhibit EXHIBIT F, #14 Exhibit EXHIBIT G, #15 Exhibit EXHIBIT H, #16 Exhibit EXHIBIT I, #17 Exhibit EXHIBIT J, #18 Exhibit EXHIBIT K, #19 Exhibit EXHIBIT L, #20 Exhibit EXHIBIT M, #21 Exhibit EXHIBIT N, #22 Exhibit EXHIBIT O, #23 Exhibit EXHIBIT P, #24 Exhibit EXHIBIT Q, #25 Exhibit EXHIBIT R, #26 Exhibit EXHIBIT S, #27 Exhibit EXHIBIT T, #28 Exhibit EXHIBIT U, #29 Exhibit EXHIBIT V, #30 Exhibit EXHIBIT W, #31 Exhibit EXHIBIT X, #32 Exhibit EXHIBIT Y, #33 Exhibit EXHIBIT Z, #34 Exhibit EXHIBIT AA, #35 Exhibit EXHIBIT BB, #36 Exhibit EXHIBIT CC, #37 Exhibit EXHIBIT DD, #38 Exhibit EXHIBIT EE, #39 Exhibit EXHIBIT FF)(FRANK, ALAN)
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Judge Freda L. Wolfson and Magistrate Judge Douglas E. Arpert added. (jjc, )
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