The Avon Company et al v. Fareva Morton Grove, Inc. et al
| The Avon Company, LG H&H Co., Ltd., New Avon LLC and LG Household & Health Care, Ltd. |
| Fareva Morton Grove, Inc. and Fareva S.A. |
| 1:2022cv04724 |
| June 6, 2022 |
| US District Court for the Southern District of New York |
| Alvin K Hellerstein |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity Action |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 18, 2024. A more recent docket listing may be available from PACER.
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***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #42 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (nd)
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Filing 46
MEMORANDUM OF LAW in Support re: #42 Proposed Order to Show Cause Without Emergency Relief . Document filed by LG H&H Co., Ltd., The Avon Company..(Steiner, Robert)
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Filing 45
DECLARATION of Robert I. Steiner in Support re: #42 Proposed Order to Show Cause Without Emergency Relief. Document filed by LG H&H Co., Ltd., The Avon Company..(Steiner, Robert)
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Filing 44
DECLARATION of Steven Bosson in Support re: #42 Proposed Order to Show Cause Without Emergency Relief. Document filed by LG H&H Co., Ltd., The Avon Company..(Steiner, Robert)
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Filing 43
DECLARATION of Thomas Klein in Support re: #42 Proposed Order to Show Cause Without Emergency Relief. Document filed by LG H&H Co., Ltd., The Avon Company. (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).(Steiner, Robert)
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Filing 42
PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by LG H&H Co., Ltd., The Avon Company..(Steiner, Robert) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
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Filing 41
ANSWER to #37 Counterclaim. Document filed by LG H&H Co., Ltd., The Avon Company..(Steiner, Robert)
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Filing 40
FIRST AMENDED COMPLAINT amending #1 Complaint against Fareva Morton Grove, Inc., Fareva S.A. with JURY DEMAND.Document filed by LG H&H Co., Ltd., The Avon Company. Related document: #1 Complaint..(Steiner, Robert)
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Filing 39
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 6/16/2022 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)
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Filing 38
TRANSCRIPT of Proceedings re: ARGUMENT held on 6/16/2022 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Kristen Carannante, (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 8/16/2022. Redacted Transcript Deadline set for 8/26/2022. Release of Transcript Restriction set for 10/24/2022..(McGuirk, Kelly)
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Filing 37
ANSWER to #1 Complaint., COUNTERCLAIM against LG H&H Co., Ltd., The Avon Company. Document filed by Fareva S.A., Fareva Morton Grove, Inc...(Genovese, Amanda)
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Filing 36
CIVIL CASE MANAGEMENT PLAN: The case is to be tried to a jury. All non-expert discovery is to be completed by June 2, 2023. The parties shall list the contemplated discovery activities and anticipated completion dates in Attachment A, annexed hereto. Joinder of additional parties must be accomplished by August 9, 2022. Amended pleadings may be filed without leave of the Court until August9, 2022. The Case Management Conference will be held on June23, 2023, at 10:00 a.m. Fact discovery, including fact depositions due June 2, 2023. Dispositive motions, including summary judgment due July 7, 2023. Expert discovery, including expertdepositions due October 13, 2023. SO ORDERED. Amended Pleadings due by 8/9/2022. Joinder of Parties due by 8/9/2022. Motions due by 7/7/2023. Depositions due by 10/13/2023. Fact Discovery due by 6/2/2023. Expert Discovery due by 10/13/2023. Discovery due by 6/2/2023. Case Management Conference set for 6/23/2023 at 10:00 AM before Judge Alvin K. Hellerstein. (Signed by Judge Alvin K. Hellerstein on 7/8/2022) (vfr)
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Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Status Conference held on 7/8/2022, ( Scheduling Conference set for 6/23/2023 at 10:00 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.). (Jones, Brigitte)
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Filing 35
PROPOSED CASE MANAGEMENT PLAN. Document filed by LG H&H Co., Ltd., The Avon Company..(Steiner, Robert)
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Filing 34
SCHEDULING ORDER: The parties are hereby ordered to appear for a status conference on July 8, 2022 at 10:00 a.m., which will be held via the following call-in number: Call-in number: 888-363-4749, Access code: 7518680. Finally, no later than July 6, 2022, at 12:00 p.m., the parties shall jointly submit to the court (via the email address HellersteinNYSDChambers@nysd.uscourts.gov) a list of all counsel expected to appear on the record, along with their contact information. SO ORDERED. ( Telephone Conference set for 7/8/2022 at 10:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 6/29/22) (yv)
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Filing 33
SETTLED ORDER GRANTING PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTIVE RELIEF: Upon consideration of Plaintiffs' Notice of Motion and Motion for Injunctive Relief ("Motion"), the memorandum in support of the Motion, and opposition papers submitted thereto as well as the relevant pleadings on file, and this Court having heard arguments of Counsel, for the reasons set forth by the Court on June 16, 2022 following oral argument and as further memorialized in the Court's written Opinion and Order Granting Plaintiffs' Motion for Preliminary Injunction dated June 21, 2022 it is ORDERED, ADJUDGED and DECREED that Plaintiffs' motion for a preliminary injunction shall be and hereby is GRANTED as set forth in this order. Plaintiffs shall post a bond in the amount of Ten Thousand Dollars ($10,000) by June 28, 2022. (Signed by Judge Alvin K. Hellerstein on 6/29/2022) (ate) Transmission to Finance Unit (Cashiers) for processing.
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Filing 32
PROPOSED ORDER. Document filed by LG H&H Co., Ltd., The Avon Company. Related Document Number: #31 ..(Steiner, Robert) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 31
LETTER addressed to Judge Alvin K. Hellerstein from Robert I. Steiner dated June 28, 2022 re: Proposed Settled Order. Document filed by LG H&H Co., Ltd., The Avon Company. (Attachments: #1 Exhibit A- Proposed Settled Order).(Steiner, Robert)
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Filing 30
PRELIMINARY INJUNCTION BOND, Bond # K4051384A in the amount of $ 10,000.00 posted by LG H&H Co., Ltd., The Avon Company..(nd)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #32 Proposed Order was reviewed and approved as to form. (km)
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Filing 29
ORDER granting #28 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Alvin K. Hellerstein from Amanda Lyn Genovese dated June 22, 2022. SO ORDERED. Fareva Morton Grove, Inc. answer due 7/12/2022; Fareva S.A. answer due 7/12/2022. (Signed by Judge Alvin K. Hellerstein on 6/22/2022) (mml) Modified on 6/23/2022 (mml).
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Filing 28
LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Alvin K. Hellerstein from Amanda Lyn Genovese dated June 22, 2022. Document filed by Fareva Morton Grove, Inc., Fareva S.A...(Genovese, Amanda)
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Filing 27
ORDER GRANTING MOTION FOR PRELIMINARY INJUNCTION: For the reasons discussed above, the motion for a preliminary injunction is granted. Defendants shall perform their obligations under Section 9.2 of the MSA, which requires that they provide Transition Support for a period of up to six months, starting May 1, 2022 and extending no later than October 31, 2022, including manufacturing and supplying Plaintiffs' products as Plaintiffs direct and in compliance with the specifications set forth in the MSA. Plaintiffs, by June 28, 2022, shall also provide security, in the amount of $10,000, as required under Fed. R. Civ. P. 65(c). The injunction is effective immediately. However, the parties will settle an order by June 28, 2022, submitting one form of order with any disagreements or alternatives shown in that submission, along with a joint letter explaining the respective positions. The parties shall appear for a status conference on July 8, 2022, at 10 a.m. The Clerk of Court shall terminate the motion (ECF No. 5). SO ORDERED. (Status Conference set for 7/8/2022 at 10:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 6/21/2022) (mml)
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Filing 26
DECLARATION of Robert I. Steiner in Support re: #24 Reply Memorandum of Law in Support. Document filed by LG H&H Co., Ltd., The Avon Company. (Attachments: #1 Exhibit A).(Steiner, Robert)
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Filing 25
DECLARATION of Thomas Klein in Support re: #24 Reply Memorandum of Law in Support. Document filed by LG H&H Co., Ltd., The Avon Company. (Attachments: #1 Exhibit O).(Steiner, Robert)
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Filing 24
REPLY MEMORANDUM OF LAW in Support re: #5 Proposed Order to Show Cause With Emergency Relief . Document filed by LG H&H Co., Ltd., The Avon Company..(Steiner, Robert)
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Filing 23
ORDER FOR ADMISSION PRO HAC VICE granting #19 Motion for Sarah E. Siu to Appear Pro Hac Vice. The motion of Sarah E. Siu (Applicant) for admission to practice Pro Hac Vice in the above-captioned action is GRANTED. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Alvin K. Hellerstein on 6/15/22) (yv)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #19 MOTION for Sarah E. Siu to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
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Filing 22
OPPOSITION BRIEF re: #5 Proposed Order to Show Cause With Emergency Relief . Document filed by Fareva Morton Grove, Inc., Fareva S.A.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V).(Genovese, Amanda)
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Filing 21
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Fareva, S.A. for Fareva Morton Grove, Inc.. Document filed by Fareva Morton Grove, Inc., Fareva S.A...(Genovese, Amanda)
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Filing 20
ORDER FOR ADMISSION PRO HAC VICE granting #18 Motion for Michael E. Lacy to Appear Pro Hac Vice. The motion of Michael E. Lacy ("Applicant") for admission to practice Pro Hac Vice in the above-captioned action is GRANTED. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Alvin K. Hellerstein on 6/13/22) (yv)
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Filing 19
MOTION for Sarah E. Siu to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Fareva Morton Grove, Inc., Fareva S.A.. (Attachments: #1 Affidavit Declaration of Sarah Siu, #2 Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order Proposed Order).(Siu, Sarah)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #18 MOTION for Michael E. Lacy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26270343. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
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Filing 18
MOTION for Michael E. Lacy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26270343. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Fareva Morton Grove, Inc., Fareva S.A.. (Attachments: #1 Exhibit Declaration, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order).(Lacy, Michael)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #17 MOTION for Sarah E. Siu to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26263227. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Ink Signature Needed When Not Using Own Pacer Account;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (sgz)
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Filing 17
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Sarah E. Siu to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26263227. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Fareva Morton Grove, Inc., Fareva S.A.. (Attachments: #1 Affidavit Declaration of Sarah Siu in support of pro hac vice, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order).(Crandall, Sarah) Modified on 6/10/2022 (sgz).
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Filing 16
SUPPLEMENTAL RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent LG H&H USA, Inc., Other Affiliate LG Corp. for The Avon Company. Document filed by LG H&H Co., Ltd., The Avon Company..(Steiner, Robert)
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Filing 15
NOTICE OF APPEARANCE by Amanda Lyn Genovese on behalf of Fareva Morton Grove, Inc., Fareva S.A...(Genovese, Amanda)
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Filing 14
NOTICE OF APPEARANCE by Malavika Abhay Rao on behalf of LG H&H Co., Ltd., The Avon Company..(Rao, Malavika)
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Filing 13
NOTICE OF APPEARANCE by David I. Zalman on behalf of LG H&H Co., Ltd., The Avon Company..(Zalman, David)
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Filing 12
ELECTRONIC SUMMONS ISSUED as to Fareva S.A.. (vf)
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Filing 11
ELECTRONIC SUMMONS ISSUED as to Fareva Morton Grove, Inc.. (vf)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alvin K. Hellerstein. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf)
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Magistrate Judge Sarah L. Cave is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf)
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Case Designated ECF. (vf)
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***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #5 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (km)
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Filing 10
CIVIL COVER SHEET filed..(Steiner, Robert)
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Filing 9
CERTIFICATE OF SERVICE of all foregoing documents served on Fareva Morton Grove, Inc. and Fareva S.A. on 6/6/2022. Service was made by Email to Michael E. Lacy. Document filed by LG H&H Co., Ltd., The Avon Company..(Steiner, Robert)
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Filing 8
DECLARATION of Steven Bosson in Support re: #5 Proposed Order to Show Cause With Emergency Relief. Document filed by LG H&H Co., Ltd., The Avon Company..(Steiner, Robert)
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Filing 7
DECLARATION of Thomas Klein in Support re: #5 Proposed Order to Show Cause With Emergency Relief. Document filed by LG H&H Co., Ltd., The Avon Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N).(Steiner, Robert)
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Filing 6
MEMORANDUM OF LAW in Support re: #5 Proposed Order to Show Cause With Emergency Relief . Document filed by LG H&H Co., Ltd., The Avon Company..(Steiner, Robert)
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Filing 5
PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by LG H&H Co., Ltd., The Avon Company..(Steiner, Robert) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
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Filing 4
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent LG H&H Co., Ltd. for The Avon Company. Document filed by LG H&H Co., Ltd., The Avon Company..(Steiner, Robert)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Fareva S.A., re: #1 Complaint. Document filed by LG H&H Co., Ltd., The Avon Company..(Steiner, Robert)
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Filing 2
REQUEST FOR ISSUANCE OF SUMMONS as to Fareva Morton Grove, Inc., re: #1 Complaint. Document filed by LG H&H Co., Ltd., The Avon Company..(Steiner, Robert)
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Filing 1
COMPLAINT against Fareva Morton Grove, Inc., Fareva S.A.. (Filing Fee $ 402.00, Receipt Number ANYSDC-26244799)Document filed by The Avon Company, LG H&H Co., Ltd...(Steiner, Robert)
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