Greenstick Corp. v. Kennerney
| Greenstick Corp. |
| Kennerney and Robert Kennerney |
| 1:2016cv07388 |
| September 22, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Alvin K Hellerstein |
| Trademark |
| 15 U.S.C. § 1121 |
| None |
Docket Report
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| Filing 56 AO 120 FORM TRADEMARK - CASE TERMINATED - SUBMITTED. In compliance with the provisions of 15 U.S.C. 1116, the Director of the U.S. Patent and Trademark Office is hereby advised that a final decision was rendered on 10/1/2018 in a court action filed on the following trademark(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF). (Attachments: #1 ORDER CLOSING CASE) (ne) |
Filing 55
ORDER CLOSING CASE: On November 11, 2016, the Court approved the settlement between Plaintiff and Defendant (Dkt. No. 41). On December 20, 2016, the Court approved the stipulated release of Plaintiff's bond (Dkt. No. 54). This case is dismissed. The Clerk is directed to close the case. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 9/28/2018) (ne)
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| Terminate Transcript Deadlines (ne) |
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Filing 54
STIPULATED ORDER TO RELEASE PLAINTIFF'S BOND: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for all parties, that: The bond filed by Plaintiff with the Court on October 17, 2016 in the amount of $25,000 be released to Plaintiff, and that the sureties on the bond be released from any further obligation hereunder. (Signed by Judge Alvin K. Hellerstein on 12/19/2016) (cla)
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Filing 53
ORDER granting #42 Motion for Release of Bond Obligation. The parties have settled the case, and have stipulated to the release of the bond. See notice of withdrawal of motion. (HEREBY ORDERED by Judge Alvin K. Hellerstein)(Text Only Order) (Hellerstein, Alvin)
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Filing 52
STIPULATED ORDER TO RELEASE PLAINTIFF'S BOND: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for all parties, that: The bond filed by Plaintiff with the Court on October 17, 2016 in the amount of $25,000 be released to Plaintiff, and that the sureties on the bond be released from any further obligation hereunder. (Signed by Judge Alvin K. Hellerstein on 12/14/2016) (cla)
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| Filing 51 LETTER addressed to Judge Alvin K. Hellerstein from Dominic A. Gentile dated December 13, 2016 re: Plaintiff's Notice of Withdrawal of Motion to Release Bond Securing Temporary Restraining Order and for Attorneys' Fees and Costs. Document filed by Greenstick Corp.. (Attachments: #1 Stipulated Order to Release Plaintiff's Bond)(Gentile, Dominic) |
| Filing 50 NOTICE of Withdrawal of Motion to Release Bond Securing Temporary Restraining Order and for Attorneys' Fees and Costs. Document filed by Greenstick Corp.. (Gentile, Dominic) |
| Filing 49 MEMORANDUM OF LAW in Opposition re: #42 MOTION for Release of Bond Obligation Securing Temporary Restraining Order and For Attorneys' Fees and Cost. . Document filed by Robert Kennerney. (Attachments: #1 Affidavit Declaration of Jeffrey Sonnabend)(Sonnabend, Jeffrey) |
| Filing 48 MEMO ENDORSEMENT on re: 45 Letter re: Plaintiff's Motion for Sanctions filed by Robert Kennerney. ENDORSEMENT: Letters not authorized by FRCP, or Local Rules, or my Individual Rules are rejected, and returned to sender. The Clerk shall remove the letter from the docket. (Signed by Judge Alvin K. Hellerstein on 12/6/2016) (cla) |
| Filing 47 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 11/22/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 46 TRANSCRIPT of Proceedings re: CONFERENCE held on 11/22/2016 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Lisa Picciano Fellis, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/27/2016. Redacted Transcript Deadline set for 1/6/2017. Release of Transcript Restriction set for 3/6/2017.(McGuirk, Kelly) |
| ***STRICKEN DOCUMENT. Deleted document number 45 from the case record. The document was stricken from this case pursuant to #48 Memo Endorsement. (cla) |
| Filing 44 DECLARATION of Dominic A. Gentile in Support re: #42 MOTION for Release of Bond Obligation Securing Temporary Restraining Order and For Attorneys' Fees and Cost.. Document filed by Greenstick Corp.. (Attachments: #1 Exhibit 1. E-Mails re: Attempts in Executing a Stipulation to Release the Bond, #2 Exhibit 2. E-Mails re: Attempts to Schedule Defendant's Deposition, #3 Exhibit 3. E-Mails re: Plaintiff's Counsel Request for Responsive Pleading, #4 Exhibit 4. E-Mails re: Plaintiff's Counsel Notifications of Defendant's Repeated Violations of the TRO, #5 Exhibit 5. E-Mails re: Plaintiff's Attempts to have Defendant Produce Documents)(Gentile, Dominic) |
| Filing 43 MEMORANDUM OF LAW in Support re: #42 MOTION for Release of Bond Obligation Securing Temporary Restraining Order and For Attorneys' Fees and Cost. . Document filed by Greenstick Corp.. (Gentile, Dominic) |
| Filing 42 MOTION for Release of Bond Obligation Securing Temporary Restraining Order and For Attorneys' Fees and Cost. Document filed by Greenstick Corp..(Gentile, Dominic) |
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Filing 41
STIPULATED ORDER OF SETTLEMENT: NOW THEREFORE, in consideration of the promises and agreements set forth herein, and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the Parties, each intending to be legally bound hereby, do promise and agree, as further set out in the order. (Signed by Judge Alvin K. Hellerstein on 11/22/2016) (cla)
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| Filing 40 LETTER addressed to Judge Alvin K. Hellerstein from Jeffrey Sonnabend dated November 22, 2016 re: Notice of Case Settlement. Document filed by Robert Kennerney.(Sonnabend, Jeffrey) |
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Filing 39
MEMO ENDORSEMENT on re: #37 Letter re: Adjournment of November 22 Hearing in Light of Case Settlement filed by Robert Kennerney. ENDORSEMENT: The argue date of 11/22/16 at 11:00 a.m. is converted into a status conf. If, at the conference, the case is not completely settled, the TRO will be continued. Counsel shall appear with a consented order of such an extension. (Status Conference set for 11/22/2016 at 11:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 11/18/2016) (cla)
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| Filing 38 LETTER addressed to Judge Alvin K. Hellerstein from Dominic A. Gentile dated November 18, 2016 re: In Response to the Letter Filed by Jeffrey Sonnabend, Esq. Seeking Another Adjournment of the Hearing on Plaintiff's Request For Preliminary Injunction. Document filed by Greenstick Corp..(Gentile, Dominic) |
| Filing 37 LETTER addressed to Judge Alvin K. Hellerstein from Jeffrey Sonnabend dated November 18, 2016 re: Adjournment of November 22 Hearing in Light of Case Settlement. Document filed by Robert Kennerney.(Sonnabend, Jeffrey) |
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Filing 36
STIPULATION TO EXTEND THE TEMPORARY RESTRAINING ORDER AND ADJOURN HEARING ON PRELIMINARY INJUNCTION: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for all parties, that: 1. The Temporary Restraining Order, and bond posted by Plaintiff, shall continue in full force and effect up to an including November 23, 2016 to allow Defendant additional time to retain new counsel. 2. The hearing on Plaintiff's preliminary injunction is adjourned to Nov. 22, 2016, 11:00 a.m. 3. This Stipulation may be signed by the parties in any number of counterparts, each of which when so signed shall be an original, but all of which shall together constitute one and the same instrument. A signed facsimile, photostatic, or electronic copy of this Stipulation shall be deemed an original. (Status Conference set for 11/22/2016 at 11:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 11/10/2016) (cla) Modified on 12/9/2016 (cla).
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Filing 35
MEMO ENDORSEMENT on re: #34 Letter, filed by Greenstick Corp. ENDORSEMENT: So Ordered. Preliminary Hearing is adjourned until Nov. 22, 2016 @ 11:00 a.m. ( Status Conference set for 11/22/2016 at 11:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 11/9/2016) (mro)
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| Filing 34 JOINT LETTER addressed to Judge Alvin K. Hellerstein from Dominic A. Gentile, Esq. dated November 8, 2016 re: Court Order issued on November 4, 2016 to Agree on an Appropriate Extension of the Temporary Restraining Order. Document filed by Greenstick Corp..(Gentile, Dominic) |
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Filing 33
MEMO ENDORSEMENT on re: #31 Certificate of Clerk. ENDORSEMENT: Plaintiff shall not proceed upon this certificate pending further court order. The status of defendants' representation is unclear at the moment. (Signed by Judge Alvin K. Hellerstein on 11/4/2016) (cla)
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Filing 32
ORDER denying without prejudice #26 Letter Motion to Substitute Attorney. Attorney Sonnabend should continue to act for defendants until a replacement attorney is substituted. Defendants shall accomplish that speedily, for even a short delay will prejudice plaintiff. Until that is accomplished, Sonnabend cannot be deposed. I realize that Sonnabend's deposition is necessary, that discover was to be completed by today, and that plaintiff's motion for preliminary injunction is to be heard next Wednesday, November 9, 2016. Evidently, something has to give, for example, an adjournment and an extension of the TRO, for plaintiff cannot be prejudiced by the delay caused by defendants' choice of conflicted counsel. The parties are invited to agree to an appropriate extension and TRO enlargement, with the bond posted by plaintiff to continue. As to other issues that the parties may wish to raise, I will deal with them when and if presented to me. (HEREBY ORDERED by Judge Alvin K. Hellerstein)(Text Only Order) (Hellerstein, Alvin)
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| Filing 31 CLERK'S CERTIFICATE OF DEFAULT: at to Robert Kennerney, issued n November 4, 2016. (dt) |
| Filing 30 AFFIDAVIT of Dominic A. Gentile re: #29 Request to Enter Default Against Robert Kennerney. Document filed by Greenstick Corp.. (Attachments: #1 Exhibit A - Summons and Complaint, #2 Exhibit B - Transcript of September 26, 2016 Court Appearance, #3 Exhibit C - Email Dated October 24, 2016)(Gentile, Dominic) |
| Filing 29 REQUEST TO ENTER DEFAULT against Robert Kennerney . Document filed by Greenstick Corp.. (Attachments: #1 Proposed Clerk's Certificate of Default)(Gentile, Dominic) |
| Filing 28 LETTER REPLY to Response to Motion addressed to Judge Alvin K. Hellerstein from Jeffrey Sonnabend dated November 2, 2016 re: #26 LETTER MOTION to Substitute Attorney. Old Attorney: Jeffrey Sonnabend, New Attorney: To Be Determined addressed to Judge Alvin K. Hellerstein from Jeffrey Sonnabend dated November 2, 2016. . Document filed by Robert Kennerney. (Attachments: #1 Exhibit)(Sonnabend, Jeffrey) |
| Filing 27 LETTER addressed to Judge Alvin K. Hellerstein from Dominic A. Gentile dated November 2, 2016 re: Opposition to Withdrawal of Jeffrey Sonnabend as Counsel for Defendant. Document filed by Greenstick Corp..(Gentile, Dominic) |
| Filing 26 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION to Substitute Attorney. Old Attorney: Jeffrey Sonnabend, New Attorney: To Be Determined addressed to Judge Alvin K. Hellerstein from Jeffrey Sonnabend dated November 2, 2016. Document filed by Robert Kennerney.(Sonnabend, Jeffrey) Modified on 11/17/2016 (ldi). |
| Filing 25 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/11/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 24 TRANSCRIPT of Proceedings re: conference held on 10/11/2016 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/17/2016. Redacted Transcript Deadline set for 11/28/2016. Release of Transcript Restriction set for 1/25/2017.(McGuirk, Kelly) |
| Filing 23 TEMPORARY RESTRAINING ORDER BOND # 800-028-104 in the amount of $ 25,000.00 posted by Greenstick Corp. d/b/a Legends New York City. (dt) |
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Filing 22
ORDER GRANTING TEMPORARY RESTRAINING ORDER: Accordingly, defendant Robert Kennemey, and his officers, agents, servants, employees, and attorneys, and other persons who are in active concert or participation with them, are temporarily restrained, pending the hearing and determination of plaintiffs motion for preliminary injunction, from advertising or using the trademark, "The Football Factory," or any variation thereof, in any manner or respect, in signage, radio, TV, cable, or internet advertising, including any social media or websites. This order is effective immediately, but will be dissolved if, by noon, October 17, 2016, a satisfactory undertaking in the amount of $25,000 is not filed with the Clerk, said undertaking to secure any person found by the court to have sustained costs and damages because the temporary restraining order was wrongfully obtained against said party. The motion for preliminary injunction will be heard November 9, 2016, 11:00 a.m., Courtroom 14 D. The TRO shall remain in place until hearing and determination on said date or an adjourned date. (As further set forth in this Order.) Set Deadlines/Hearing: (Motion Hearing set for 11/9/2016 at 11:00 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 10/14/2016) (kko)
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| Filing 21 REPLY MEMORANDUM OF LAW in Support re: #3 Order to Show Cause,, . Document filed by Greenstick Corp.. (Gentile, Dominic) |
| Filing 20 DECLARATION of Liam McGreevy in Support re: #3 Order to Show Cause,,. Document filed by Greenstick Corp.. (Gentile, Dominic) |
| Filing 19 DECLARATION of Enda Keenan in Support re: #3 Order to Show Cause,,. Document filed by Greenstick Corp.. (Gentile, Dominic) |
| Filing 18 REPLY re: #3 Order to Show Cause,, Reply Declaration of Diarmuid "Jack" Keane in Further Support of Plaintiff's Order to Show Cause for a Preliminary Injunction. Document filed by Greenstick Corp.. (Gentile, Dominic) |
| Filing 17 REPLY re: #3 Order to Show Cause,, Reply Declaration of Noel Firth in Further Support of Plaintiff's Order to Show Cause for a Preliminary Injunction. Document filed by Greenstick Corp.. (Attachments: #1 Exhibit 1, Part 1: Legends' Expenditures, #2 Exhibit 1, Part 2: Legends' Expenditures)(Gentile, Dominic) |
| Filing 16 RESPONSE TO ORDER TO SHOW CAUSE re: #3 Order to Show Cause,,. Document filed by Robert Kennerney. (Attachments: #1 Affidavit of Robert Kennerney, #2 Exhibit 1 to Declaration of Robert Kennerney, #3 Exhibit 2 to Declaration of Robert Kennerney, #4 Exhibit 3 to Declaration of Robert Kennerney, #5 Exhibit 3 to Declaration of Robert Kennerney, #6 Exhibit 3 to Declaration of Robert Kennerney, #7 Exhibit 3 to Declaration of Robert Kennerney, #8 Exhibit 3 to Declaration of Robert Kennerney, #9 Exhibit 3 to Declaration of Robert Kennerney, #10 Exhibit 3 to Declaration of Robert Kennerney, #11 Exhibit 3 to Declaration of Robert Kennerney, #12 Exhibit 4 to Declaration of Robert Kennerney, #13 Exhibit 4 to Declaration of Robert Kennerney, #14 Exhibit 5 to Declaration of Robert Kennerney, #15 Exhibit 6 to Declaration of Robert Kennerney, #16 Exhibit 7 to Declaration of Robert Kennerney)(Sonnabend, Jeffrey) |
| Filing 15 NOTICE OF APPEARANCE by Jeffrey Sonnabend on behalf of Robert Kennerney. (Sonnabend, Jeffrey) |
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Filing 14
ORDER ADJOURNING ARGUMENT: The argument scheduled for October 6, 2016 at 10:30 a.m. is adjourned to October 11, 2016 at 11:00 a.m. ( Status Conference set for 10/11/2016 at 11:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 9/30/2016) (cla)
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| Filing 13 LETTER addressed to Judge Alvin K. Hellerstein from Dominic A. Gentile dated September 25, 2016 re: Informing the Court of Plaintiff's Efforts to Serve Process on Defendant. Document filed by Greenstick Corp..(Gentile, Dominic) |
| Filing 12 LETTER addressed to Judge Alvin K. Hellerstein from Dominic A. Gentile dated September 23, 2016 re: In Response to the Letter Submitted by Jeffrey Sonnabend, Esq. Earlier Today. Document filed by Greenstick Corp..(Gentile, Dominic) |
| Filing 11 MEMORANDUM OF LAW in Support re: #3 Order to Show Cause,, . Document filed by Greenstick Corp.. (Gentile, Dominic) |
| Filing 10 DECLARATION of Diarmuid ("Jack") Keane in Support re: #3 Order to Show Cause,,. Document filed by Greenstick Corp.. (Attachments: #1 Exhibit A. Advertisement, #2 Exhibit B. Advertisements Legends Placed with First Touch, #3 Exhibit C. New York Times Article, #4 Exhibit D. Article From The Guardian, #5 Exhibit E. Article From the Soccer Based Website Wrong Side of the Pond)(Gentile, Dominic) |
| Filing 9 DECLARATION of Kevin M. Wallace in Support re: #3 Order to Show Cause,,. Document filed by Greenstick Corp.. (Attachments: #1 Exhibit A - Certificate of Registration for U.S. Registration No. 5,020,037, #2 Exhibit B - Application and Specimen for The Football Factory, #3 Exhibit C - Exhibit Correspondence from the United States Patent and Trademark Office Refusing Kennerney's Request, #4 Exhibit D - Exhibit 1 of Response to Office Action)(Gentile, Dominic) |
| Filing 8 DECLARATION of Noel Firth in Support re: #3 Order to Show Cause,,. Document filed by Greenstick Corp.. (Attachments: #1 Exhibit A. Part 1 Screenshots, #2 Exhibit A. Part 2 Screenshots, #3 Exhibit A. Part 3 Screenshots, #4 Exhibit A. Part 4 Screenshots, #5 Exhibit A. Part 5 Screenshots, #6 Exhibit A. Part 6 Screenshots, #7 Exhibit B. Screenshot of Legends' Twitter Account, #8 Exhibit C. E-Mail Exchange, #9 Exhibit D. Legends' Expenditures, #10 Exhibit E. Part 1 Recent Screenshots of Kennerney's Unauthorized Use of the Accounts, #11 Exhibit E. Part 2 Recent Screenshots of Kennerney's Unauthorized Use of the Accounts, #12 Exhibit F. Facebook's Notification of Removal, #13 Exhibit G. Twitter's Notification of Impersonation, #14 Exhibit H. Twitter Exchange)(Gentile, Dominic) |
| Filing 7 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #3 Order to Show Cause,, . Document filed by Greenstick Corp.. (Gentile, Dominic) |
| Filing 6 LETTER addressed to Judge Alvin K. Hellerstein from Jeffrey Sonnabend dated September 23, 2016 re: Request for Adjournment of Hearing on Order to Show Cause. Document filed by Robert Kennerney.(Sonnabend, Jeffrey) |
| Filing 5 AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review.(Gentile, Dominic) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Greenstick Corp..(Gentile, Dominic) |
| ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Dominic A. Gentile for noncompliance with Section 14.2 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #1 Complaint, #2 Civil Cover Sheet to: caseopenings@nysd.uscourts.gov. (laq) |
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Filing 3
ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION: that defendant shall show cause as to why an order should not be issued pursuant to Rule 65 of the Federal Rules of Civil Procedure enjoining the defendant during the pendency of this action as alleged in the complaint. Security in the amount to be determined on argument. Show Cause Hearing set for 9/26/2016 at 10:30 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein. (Signed by Judge Alvin K. Hellerstein on 9/22/2016) (tn)
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| Filing 2 CIVIL COVER SHEET filed. (laq) (laq). |
| Filing 1 COMPLAINT against Robert Kennerney. (Filing Fee $ 400.00, Receipt Number 1162500)Document filed by Greenstick Corp..(laq) (Additional attachment(s) added on 7/25/2017: #1 exh1, #2 exh 2, #3 3 a, #4 3 b, #5 3 c, #6 3 d, #7 3 e, #8 3 f, #9 exh 4, #10 exh 5, #11 exh 6, #12 exh 7, #13 exh 8, #14 exh 9, #15 exh 10) (laq). |
| SUMMONS ISSUED as to Robert Kennerney. (laq) |
| Case Designated ECF. (laq) |
| Magistrate Judge James L. Cott is so designated. (laq) |
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