Nanologix, Inc. v. Novak
Plaintiff: Nanologix, Inc.
Defendant: Christopher Novak
Not Classified By Court: Deborah A. Coleman
Case Number: 4:2013cv01000
Filed: May 2, 2013
Court: U.S. District Court for the Northern District of Ohio
Office: Youngstown Office
County: Trumbull
Presiding Judge:
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on March 25, 2016. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 17, 2015 Opinion or Order Filing 79 Third Amended complaint against Christopher Novak. Filed by Nanologix, Inc. (Abromats, Philip) Modified text on 4/21/2015 (S,HR).
April 10, 2015 Opinion or Order Filing 78 Unopposed Motion to extend recently set deadlines filed by Nanologix, Inc. Related document(s) 77 . (Abromats, Philip) Modified text on 4/14/2015 (S,HR).
March 26, 2015 Opinion or Order Filing 77 Memorandum Opinion and Order: Defendant's renewed motion to dismiss (Doc. No. 60 ) is granted in part. Plaintiff's affirmative claims sounding in malpractice in the Second Amended Complaint are dismissed. This action shall go forward on plaintiff's fraud claim (limited as set forth in this Memorandum Opinion and Order), defendant's counterclaim, and plaintiff's defensive claim for recoupment. Plaintiff shall have leave until April 10, 2015 to file a Third Amended Complaint limited to the narrow remaining fraud claim, and defendant shall have until April 24, 2015 to file an amended answer. Any motion for summary judgment must be filed by May 8, 2015, oppositions shall be due no later than May 29, 2015, and any replies must be filed by June 8, 2015. Going forward, counsel and the parties are advised that the Court does not condone the past practice in this case of incorporating by reference arguments raised in other briefs. The Court expects all briefing on summary judgment to stand alone and contain each argument offered in support of or against summary judgment. The Court shall issue a final case management plan and trial order setting forth all of the dates and deadlines that will govern the remainder of this litigation. (Related Doc # 70 ). Judge Sara Lioi on 3/26/2015. (P,J)
March 9, 2015 Opinion or Order Filing 76 Joint Status Memorandum filed by all defendants. (Cartwright-Jones, Rhys) Modified text on 3/10/2015 (S,HR).
December 8, 2014 Opinion or Order Filing 75 Joint Status Report filed by All Defendants. (Cartwright-Jones, Rhys)
November 14, 2014 Opinion or Order Filing 74 Notice to take Deposition of CEO Brett Barnhizer on November 22, 2014 filed by All Defendants. (Cartwright-Jones, Rhys)
October 22, 2014 Opinion or Order Filing 73 Second Amended Case Management Plan: Deadline for Completing Non-Expert Discovery 11/28/2014; Deadline for Party(ies) with Burden of Proof to Identify Experts(s) and Provide Reports in Compliance with Civil Rule 26(a)(2) 12/19/2014; Deadline to Identify Rebuttal Experts(s) and Provide Reports in Compliance with Civil Rule 26(a)(2) 1/23/2014; Deadline for Completing Expert Discovery 2/20/2015. Judge Sara Lioi on 10/22/2014. (P,J)
October 17, 2014 Opinion or Order Filing 72 Second Joint Motion for extension of Discovery for one month filed by Plaintiff Nanologix, Inc. (Abromats, Philip) Modified text on 10/21/2014 (S,He).
August 20, 2014 Opinion or Order Filing 71 Brief in Opposition to 70 Motion for leave to file Reply Brief Instanter filed by Nanologix, Inc.. (Abromats, Philip) Modified text on 8/21/2014 (H,KR).
August 19, 2014 Opinion or Order Filing 70 Motion for leave to file Reply Brief Instanter filed by Defendant Christopher Novak. Related document(s) 67 , 69 , 68 , 66 . (Attachments: # 1 Pleading Reply Brief Instanter)(Cartwright-Jones, Rhys)
July 31, 2014 Opinion or Order Filing 69 SEALED Document:Exhibit 4 to Brief in Opposition filed by Nanologix, Inc.. Related document(s) 64 , 66 . (Abromats, Philip)
July 31, 2014 Opinion or Order Filing 68 SEALED Document:Exhibit 3 to Brief in Opposition filed by Nanologix, Inc.. Related document(s) 64 , 66 . (Abromats, Philip)
July 31, 2014 Opinion or Order Filing 67 SEALED Document:Exhibit 2 to Brief in Opposition filed by Nanologix, Inc.. Related document(s) 64 , 66 . (Abromats, Philip)
July 31, 2014 Opinion or Order Filing 66 Brief In Opposition to Renewed Motion to Dismiss filed by Nanologix, Inc.. Related document(s) 60 . (Attachments: # 1 Exhibit Novak R. 34 Answers) (Abromats, Philip)
July 28, 2014 Opinion or Order Filing 65 Joint Status Report filed by All Defendants. (Cartwright-Jones, Rhys)
July 17, 2014 Opinion or Order Filing 64 Order: Plaintiff is granted leave to file under seal exhibits to its brief in opposition to defendant's motion to dismiss. (Doc. No. 58 ). Judge Sara Lioi on 7/17/2014. (P,J)
July 17, 2014 Opinion or Order Filing 63 Amended Case Management Plan. Case is assigned to the standard track. Deadline to Add Parties or Amend Pleadings 4/30/2014; Deadline for Completing Non-Expert Discovery 10/31/2014; Parties have agreed to follow the default standard for discovery of electronically-stored information; Deadline for party with burden of proof to identify experts and provide reports 11/18/2014; Deadline to identify rebuttal experts and provide reports 12/23/2014; Deadline for completing expert discovery 1/20/2015; Deadline for filing dispositive motions N/A; Deadline for filing oppositions to motions N/A; Deadline for filing replies to responses N/A. Judge Sara Lioi on 7/17/2014. (P,J)
July 15, 2014 Opinion or Order Filing 62 Joint Motion to extend discovery schedule for three months filed by Nanologix, Inc., Nanologix, Inc., Plaintiff Nanologix, Inc.. Related document(s) 37 . (Attachments: # 1 Proposed Order)(Abromats, Philip) Modified text on 7/17/2014 (H,KR).
July 14, 2014 Opinion or Order Filing 61 Renewed Reply to Renewed Counterclaim filed by Nanologix, Inc.. Related document(s) 59 . (Abromats, Philip)
July 3, 2014 Opinion or Order Filing 60 Motion to dismiss case for failure to meet statute of limitations filed by Defendant Christopher Novak. Related document(s) 52 , 38 . (Cartwright-Jones, Rhys)
July 3, 2014 Opinion or Order Filing 59 Answer to 52 Second Amended Complaint and Counterclaim against NanoLogix filed by Christopher Novak. (Cartwright-Jones, Rhys) Modified text on 7/7/2014 (H,KR).
June 27, 2014 Opinion or Order Filing 58 Unopposed Motion to file certain documents under seal filed by Plaintiff Nanologix, Inc., Counter-Defendant Nanologix, Inc.. Related document(s) 56 . (Abromats, Philip) Modified text on 7/1/2014 (H,KR).
June 10, 2014 Opinion or Order Filing 57 STRICKEN 6/30/2014: Reply to Renewed Counterclaim (56-1) filed by Nanologix, Inc.. Related document(s) 56 . (Abromats, Philip) Modified text on 6/30/2014 (P,J).
June 2, 2014 Opinion or Order Filing 56 Motion for leave to file Answer and Motion to Dismiss Instanter filed by Defendant Christopher Novak. Related document(s) 55 , 52 . (Attachments: # 1 Pleading Answer Instanter, # 2 Pleading Motion to Dismiss Instanter)(Cartwright-Jones, Rhys). Added Motion to dismiss on 6/3/2014 (H,KR).
May 28, 2014 Opinion or Order Filing 55 Joint Status Memorandum filed by All Defendants. (Cartwright-Jones, Rhys)
April 30, 2014 Opinion or Order Filing 54 Motion for extension of time to Amend Pleadings and/or Add Parties filed by Defendant Christopher Novak, Counter-Claimant Christopher Novak. Related document(s) 37 . (Cartwright-Jones, Rhys) Modified text on 5/1/2014 (R,Sh).
April 29, 2014 Opinion or Order Filing 53 Agreed Protective Order. (Related Doc # 50 ). Judge Sara Lioi on 4/29/2014. (P,J)
April 28, 2014 Opinion or Order Filing 52 Second Amended complaint (by consent) against Christopher Novak. Filed by Nanologix, Inc. (Attachments: # 1 Exhibit Showing Consent of Opposing Party) (Abromats, Philip) Modified text on 4/29/2014 (R,Sh).
April 28, 2014 Opinion or Order Filing 51 Amended Reply to Counterclaim (Amended, by Consent) filed by Nanologix, Inc. Related document(s) 31 . (Attachments: # 1 Exhibit Showing Consent of Opposing Party) (Abromats, Philip) Modified text on 4/29/2014 (R,Sh).
April 22, 2014 Opinion or Order Filing 50 Proposed Agreed Protective Order filed by Defendant Christopher Novak, Counter-Claimant Christopher Novak. (Cartwright-Jones, Rhys) Modified text on 4/23/2014 (R,Sh).
April 10, 2014 Opinion or Order Filing 49 Reply Brief to Opposition to 38 Motion to dismiss cause for failure to meet statute of limitations filed by Christopher Novak. Related document 46 (Cartwright-Jones, Rhys) Modified text on 4/11/2014 (R,Sh).
April 4, 2014 Opinion or Order Filing 48 Motion for extension of time until 4/11/2014 to File Reply Brief filed by Defendant Christopher Novak, Counter-Claimant Christopher Novak. Related document(s) 46 . (Cartwright-Jones, Rhys)
March 24, 2014 Opinion or Order Filing 47 Unopposed Motion for extension of ENE (Early Neutral Evaluation) Conference until April 18, 2014 filed by Defendant Christopher Novak. Related document(s) 43 . (Cartwright-Jones, Rhys) Modified text on 3/25/2014 (R,Sh).
March 24, 2014 Opinion or Order Filing 46 Brief In Opposition to Motion to Dismiss filed by Nanologix, Inc.. Related document(s) 38 . (Attachments: # 1 Exhibit Novak R. 34 Answers) (Abromats, Philip)
March 11, 2014 Opinion or Order Filing 45 Notice of Dismissal of Parallel Action by the United States District Court for the Northern District of California filed by Nanologix, Inc. (Attachments: # 1 Exhibit N.D. Cal. Opinion & Order)Related document(s) 29 .(Abromats, Philip) Modified text for all capitalizations on 3/12/2014 (R,Sh).
March 11, 2014 Opinion or Order Filing 44 Unopposed Motion for extension of time until 03/24/2014 to respond to 38 Motion to dismiss cause for failure to meet statute of limitations filed by Plaintiff Nanologix, Inc., Counter-Defendant Nanologix, Inc. Related document(s) 38 . (Attachments: # 1 Exhibit Emails Between Counsel, # 2 Proposed Order Granting Motion)(Abromats, Philip) Modified text on 3/12/2014 (R,Sh).
February 20, 2014 Opinion or Order Filing 43 Notice of Designation of Evaluator. Evaluator advised to conduct ENE session on or before 4/11/2014. Report of Evaluator to be manually filed with the ADR Administrator no later than 4/25/2014. REPORT OF EVALUATOR FORM ATTACHED TO THE NOTICE OF DESIGNATION. Counsel/parties to contact the Evaluator for purposes of scheduling the ENE session. Evaluator to schedule the ENE session and ELECTRONICALLY FILE A LETTER, DOCUMENT OR PLEADING setting forth the date, time and location of the ENE session. The ENE process is to be completed by 4/25/2014. Designated neutral: Deborah A. Coleman (Related document(s) 42 ) (Attachments: # 1Report of Evaluator Form, #(2) Order of Referral). (N, P)
February 20, 2014 Opinion or Order Filing 42 Order: The Court refers this case for Early Neutral Evaluation to be conducted by Attorney Deborah Coleman. The ENE shall take place on or before April 11, 2014. Signed by Judge Sara Lioi on 2/20/2014. (P,J)
February 18, 2014 Opinion or Order Filing 41 IMPORTANT: Notice of Telephone Conference, with counsel only, set for 2/19/2014 at 3:00 PM. Counsel are to follow the instructions sent to them by email for accessing the Court's bridge line for the conference call. (P,J)
February 15, 2014 Opinion or Order Filing 40 Report of Parties' ADR Meet and Confer filed by Plaintiff Nanologix, Inc. (Attachments: # 1 Exhibit Emails Between Counsel, # 2 Exhibit Information on J. McMonagle, # 3 Exhibit CM/ECF Filing Receipt)(Abromats, Philip) Modified text on 2/18/2014 (R,Sh).
February 14, 2014 Opinion or Order Filing 39 Report of ADR Status filed by Defendant Christopher Novak. (Heimlich, Nicholas) Modified text on 2/18/2014 (R,Sh).
February 14, 2014 Opinion or Order Filing 38 Motion to dismiss cause for failure to meet statute of limitations filed by Defendant Christopher Novak. Related document(s) 21 , 1 . (Cartwright-Jones, Rhys)
January 31, 2014 Opinion or Order Filing 37 Case Management Plan: Case is assigned to the standard track. Deadline to add parties or amend pleadings 4/30/2014; Deadline for completing non-expert discovery 7/31/2014; The parties agree to follow the default standard for discovery of electronically-stored information; Deadline for party with burden of proof to identify experts and provide reports 8/18/2014; Deadline to identify rebuttal experts and provide reports 9/22/2014; Deadline for completing expert discovery 10/21/2014; Telephone status conference, with counsel only, scheduled for 8/7/2014 at 10:00 AM, with plaintiff's counsel to initiate call. Judge Sara Lioi on 1/31/2014. (P,J)
January 26, 2014 Opinion or Order Filing 36 Joint Report of Parties' Planning Meeting , parties do not consent to this case being assigned to the magistrate judge, filed by Nanologix, Inc.. Related document(s) 30 .(Abromats, Philip)
January 23, 2014 Opinion or Order Filing 35 Response to 34 Motion to excuse appearance of Atty. Heimlich and to Allow him to Appear by Telephone filed by Nanologix, Inc.. (Abromats, Philip)
January 23, 2014 Opinion or Order Filing 34 Motion to excuse appearance of Atty. Heimlich and to Allow him to Appear by Telephone filed by Defendant Christopher Novak, Counter-Claimant Christopher Novak. Related document(s) 30 . (Cartwright-Jones, Rhys)
January 15, 2014 Opinion or Order Filing 33 Reply to 31 Counterclaim, filed by Nanologix, Inc. (Abromats, Philip) Modified text on 1/16/2014 (R,Sh).
January 14, 2014 Opinion or Order Filing 32 Attorney Appearance (unsigned) by Philip E. Abromats filed by on behalf of Nanologix, Inc. (Abromats, Philip) Modified text on 1/15/2014 (R,Sh).
January 1, 2014 Opinion or Order Filing 31 Answer to 21 Amended complaint of Nanologix, Inc., Counterclaim against All Plaintiffs filed by Christopher Novak. (Attachments: # 1 Exhibit Contract)(Heimlich, Nicholas) Modified text on 1/2/2014 (R,Sh).
December 9, 2013 Opinion or Order Filing 30 Case Management Conference Scheduling Order. Case management conference, with counsel only, to be held on 1/30/2014 at 2:00 PM in Chambers 526 before Judge Sara Lioi. The disclosures mandated by Fed. R. Civ. P. 26(a) will all apply. Plaintiff must serve on opposing parties the initial disclosures by 1/9/2014. All other parties must serve on opposing parties the initial disclosures by 1/16/2014. Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements. Judge Sara Lioi on 12/9/2013. (P,J)
December 9, 2013 Opinion or Order Filing 29 Opinion and Order: Novak's motion to dismiss is denied. (Doc. No. 22 .) The case shall proceed, and the parties shall notify the Court if the Northern District of California denies NanoLogix's motion to dismiss, whereupon this Court shall transfer or dismiss this case. Judge Sara Lioi on 12/9/2013. (P,J)
October 10, 2013 Opinion or Order Filing 28 Motion for attorney Nicholas Heimlich to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-6224566, filed by Defendant Christopher Novak. (Attachments: # 1 Exhibit California Supreme Court Certificate of Good Standing, # 2 Exhibit U.S. District Court for the Northern District of California Certificate of Good Standing)(Cartwright-Jones, Rhys)
September 27, 2013 Opinion or Order Filing 27 Reply in Support of 22 Motion to dismiss filed by Christopher Novak. Related document 23 , Opposition. (Cartwright-Jones, Rhys) Modified text and linked to opposition on 9/30/2013 (R,Sh).
September 25, 2013 Opinion or Order Filing 26 Response to 25 Second Motion for extension of time until 9/26/2013 to File Reply Brief filed by Nanologix, Inc.. (Attachments: # 1 Exhibit Emails Between Counsel 7/29/13)(Barnhizer, Joshua)
September 24, 2013 Opinion or Order Filing 25 Second Motion for extension of time until 9/26/2013 to File Reply Brief filed by Defendant Christopher Novak. Related document(s) 24 , 23 ,. (Cartwright-Jones, Rhys)
September 19, 2013 Opinion or Order Filing 24 Motion for extension of time until 9/24/2013 to Respond to Brief in Opposition filed by Defendant Christopher Novak. Related document(s) 23 . (Cartwright-Jones, Rhys)
September 6, 2013 Opinion or Order Filing 23 Opposition to 22 Motion to dismiss or stay action filed by Nanologix, Inc. (Attachments: # 1 Exhibits A-K to Brief (from NDCA case), # 2 Exhibit L to Brief (NDCA 12(b)(2) Mot., # 3 Exhibit M to Brief (NDCA Consent to Proceed Before USMJ), # 4 Exhibit N to Brief (NDCA Order Showing Arg. Date), # 5 Exhibit O to Brief (NDCA Notice of Declination to Proceed Before USMJ), # 6 Exhibit P to Brief (NDCA Order Resetting Dates), # 7 Exhibit P to Brief (Emails Between NDCA Counsel))(Barnhizer, Joshua) Modified text for double wording on 9/9/2013 (R,Sh).
August 8, 2013 Opinion or Order Filing 22 Motion to dismiss filed by Defendant Christopher Novak. Related document(s) 21 , 1 . (Attachments: # 1 Brief in Support Memorandum in Support, # 2 Exhibit Docket of NDCA Case No. 13 CV 1971, # 3 Exhibit Complaint in NDCA Case No. 13 CV 1971, # 4 Exhibit Amended Complaint in NDCA Case No. 13 CV 1971)(Cartwright-Jones, Rhys)
July 25, 2013 Opinion or Order Filing 21 First Amended complaint against Christopher Novak. Filed by Nanologix, Inc.. (Barnhizer, Joshua)
July 16, 2013 Opinion or Order Filing 20 Notice of Objection to Brief in Opposition to Motion for Default Judgment filed by Nanologix, Inc.(Unsigned) Related document(s) 18 .(Barnhizer, Joshua) Modified text on 7/17/2013 (R,Sh).
July 16, 2013 Opinion or Order Filing 19 Notice of Objection to Motion to Extend Time to Answer filed by Nanologix, Inc.(unsigned) Related document(s) 15 .(Barnhizer, Joshua) Modified text on 7/17/2013 (R,Sh).
July 13, 2013 Opinion or Order Filing 18 Response in Opposition to 16 Motion for default judgment against Christopher Novak filed by Christopher Novak. (Cartwright-Jones, Rhys) Modified text on 7/16/2013 (R,Sh).
July 12, 2013 Opinion or Order Filing 17 Amended Application to Clerk for entry of default against Novak, Chris Based on Service Effected Wed., Jun. 12, 2013 at: 3: 17PM filed by Nanologix, Inc.. (Attachments: # 1 Affidavit of Service)(Barnhizer, Joshua) Modified text on 7/16/2013 (R,Sh).
July 12, 2013 Opinion or Order Filing 16 Notice of default judgment against Christopher Novak filed by Plaintiff Nanologix, Inc. Related document(s) 7 , 1 . (Barnhizer, Joshua) Modified text on 7/16/2013. Document is an application for entry of default. Motion terminated (R,Sh).
July 12, 2013 Opinion or Order Filing 15 Motion for extension of time of 20 days to answer Complaint and to File Verified Claim filed by Defendant Christopher Novak. (Cartwright-Jones, Rhys) Modified text on 7/15/2013 (S,He).
July 12, 2013 Opinion or Order Filing 14 Attorney Appearance by Rhys B. Cartwright-Jones filed by on behalf of Christopher Novak. (Cartwright-Jones, Rhys)
June 28, 2013 Opinion or Order Filing 13 Return of Service by Clerk unexecuted upon Christopher Novak. Service attempted by Ordinary Mail filed on behalf of Nanologix, Inc. (B,R)
June 18, 2013 Opinion or Order Filing 12 Service by Clerk. Summons and Complaint addressed to Christopher Novak at four different addresses (seperate address on each certificate) placed in U.S. Mail. Type of service: ordinary mail. (C,BA)
June 18, 2013 Opinion or Order Filing 11 Request to Clerk for service upon Christopher Novak at various addresses by ordinary mail. Filed by Nanologix, Inc. (C,BA)
June 18, 2013 Opinion or Order Filing 10 Alias Summons (3) issued for service upon Christopher Novak at various addresses: P.O. Box 7737, San Jose, CA 95150-7737; 3301 Olcott St., Santa Clara, CA 95054 and 1269 Karie Ann Way, San Jose, CA 95118. (C,BA)
June 18, 2013 Opinion or Order Filing 9 Notice of failure to file praecipe electronically, pursuant to Local Rule 5.1(c). (C,BA)
June 18, 2013 Opinion or Order Filing 8 Praecipe for issuance of Alias Summons. Filed by Nanologix, Inc. (Attachments: # 1 Alias Summons)(C,BA)
June 17, 2013 Opinion or Order Filing 7 Affidavit of Service of Summons & Complaint by A California-based Process Server hired by Plaintiff. Multiple attempts were made to serve Defendant Novak by the process server. Defendant Novak was successfully served at his place of business by substituted service. Prior attempts to serve Defendant Novak by certified mail were refused at one known address and unclaimed at another known address. Filed on behalf of Nanologix, Inc. (Barnhizer, Joshua) Modified text on 6/18/2013 (R,Sh).
June 7, 2013 Opinion or Order Filing 6 Return of Service by Clerk unexecuted upon Christopher Novak. Service attempted by certified mail at a different address on 5/6/2013 and returned with the Post Office notation: returned to sender filed on behalf of Plaintiff. Related document(s) 1 . (B,B)
June 7, 2013 Opinion or Order Filing 5 Return of Service by Clerk unexecuted upon Christopher Novak. Service attempted by certified mail on 5/6, 5/10, 5/21, and 5/29/2013 and returned with the Post Office notation: unclaimed filed on behalf of Plaintiff. Related document(s) 1 . (B,B)
May 3, 2013 Opinion or Order Filing 4 Initial Standing Order. Judge Sara Lioi on 5/3/2013. (S,He)
May 2, 2013 Opinion or Order Filing 3 Original Summons and Magistrate Consent Form issued for service upon Christopher Novak. (Attachments: # 1 Magistrate Consent Form) (C,B)
May 2, 2013 Opinion or Order Filing 2 Corporate Disclosure Statement filed by Nanologix, Inc. (C,B)
May 2, 2013 Opinion or Order Filing 1 Complaint with jury demand against Christopher Novak. Filing fee paid. Receipt # 1466006060496.. Filed by Nanologix, Inc.. (Attachments: # 1 Exhibit 1 - Letter of Novak to Plaintiff (1/30/08) re engagement of Legal Services, # 2 Exhibit 2 - Letter (4/2/13) re Notice of Callifornia Mandatory Fee Arbitration Program, # 3 Exhibit 3 - Letter (11/19/09) from Bret Barnhizer to Chris Novak, # 4 Exhibit 4 - Screen Capture, Sequoian Technologies, Management, # 5 Exhibit 5 - Closing Price for NNLX Shares as of 4/30/13, # 6 Exhibit 6 - Complaint, Novak v. NNLX, # 7 Civil Cover Sheet) (C,B)

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Defendant: Christopher Novak
Represented By: Nicholas D. Heimlich
Represented By: Rhys B. Cartwright-Jones
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Not classified by court: Deborah A. Coleman
Represented By: Deborah A. Coleman
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Plaintiff: Nanologix, Inc.
Represented By: Joshua R. Barnhizer
Represented By: Philip E. Abromats
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