InterMetro Industries Corporation v. Capsa Solutions, LLC
InterMetro Industries Corporation |
Capsa Solutions, LLC |
3:2013cv02853 |
November 22, 2013 |
US District Court for the Middle District of Pennsylvania |
Scranton Office |
Luzerne |
Robert D Mariani |
Patent |
35 U.S.C. § 271 |
Plaintiff |
Docket Report
This docket was last retrieved on December 8, 2015. A more recent docket listing may be available from PACER.
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DOCKET ANNOTATION: document 95 was deleted. To be filed in the correct case. (cl) |
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Filing 93 STIPULATION of Dismissal with Prejudice by InterMetro Industries Corporation. (Attachments: #1 Proposed Stipulated Order Granting Dismissal)(Forbis, Glenn) |
Filing 92 WITHDRAWAL OF ATTORNEY APPEARANCE - Attorney Scott D Eads terminated on behalf of Capsa Solutions, LLC. (Budman, Jan) |
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Filing 90 Joint MOTION to Stay Pending Execution of Settlement Agreement by InterMetro Industries Corporation. (Attachments: #1 Proposed Order Granting Joint Motion for Fifth Additional Stay Pending Execution of Settlement Agreement)(Forbis, Glenn) |
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Filing 88 Joint MOTION to Stay Pending Execution of Settlement Agreement by InterMetro Industries Corporation. (Attachments: #1 Proposed Order Granting Joint Motion for Fourth Additional Stay Pending Execution of Settlement Agreement)(Forbis, Glenn) |
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Filing 86 Joint MOTION to Stay Pending Execution of Settlement Agreement by InterMetro Industries Corporation. (Attachments: #1 Proposed Order Granting Joint Motion for Third Additional Stay Pending Execution of Settlement Agreement)(Forbis, Glenn) |
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Filing 84 Joint MOTION to Stay Pending Execution of Settlement Agreement by InterMetro Industries Corporation. (Attachments: #1 Proposed Order Granting Joint Motion for Second Additional Stay)(Forbis, Glenn) |
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Filing 82 Joint MOTION to Stay Pending Execution of Settlement Agreement by InterMetro Industries Corporation. (Attachments: #1 Proposed Order Granting Joint Motion for Additional Stay Pending Execution of Settlement Agreement)(Forbis, Glenn) |
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Filing 80 Joint MOTION to Stay Pending Execution of Settlement Agreement by InterMetro Industries Corporation. (Attachments: #1 Proposed Order Granting Joint Motion for Stay Pending Execution of Settlement Agreement)(Forbis, Glenn) |
Filing 79 OMNIBUS ORDER - DEFER RULING re #77 MOTION for Markman Hearing Oral Argument filed by InterMetro Industries Corporation until after the Motions to Dismiss are resolved. Signed by Honorable Robert D. Mariani on 2/20/15. (lh) |
Filing 78 RESPONSE by InterMetro Industries Corporation to #69 Brief,, Plaintiff's Responsive Brief to Defendants' Opening Claim Construction Brief. (Attachments: #1 Exhibit List, #2 Exhibit(s) 1, #3 Exhibit(s) 2, #4 Exhibit(s) 3, #5 Exhibit(s) 4, #6 Exhibit(s) 5, #7 Exhibit(s) 6, #8 Exhibit(s) 7)(Forbis, Glenn) |
Filing 77 MOTION for Markman Hearing Oral Argument by InterMetro Industries Corporation. (Attachments: #1 Proposed Order Granting Plaintiff's Motion For Markman Hearing Oral Argument)(Forbis, Glenn) |
Filing 76 RESPONSE by Capsa Solutions, LLC to #70 Document Filed,, Defendants' Joint Responsive Claim Construction Brief. (Attachments: #1 Exhibit(s) Table of Contents of Exhibits, #2 Exhibit(s) S, #3 Exhibit(s) T, #4 Exhibit(s) U)(Wolfgang, Jayson) |
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Filing 74 MOTION To Extend Word-Count Limit For Responsive Claim Construction Briefs with Certificate of Concurrence by InterMetro Industries Corporation. (Attachments: #1 Proposed Order Granting Motion to Extend Word-Count Limit)(Forbis, Glenn) |
Filing 73 by InterMetro Industries Corporation. Amended Joint Claim Construction Chart. (Attachments: #1 Exhibit(s) 1 - Amended Joint Claim Construction Chart)(Forbis, Glenn) |
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Filing 71 Joint MOTION to Amend/Correct the Joint Claim Construction Chart by InterMetro Industries Corporation. (Attachments: #1 Exhibit(s) 1, #2 Proposed Order Granting Joint Motion for Leave to Amend the Joint Claim Construction Chart)(Forbis, Glenn) |
Filing 70 by InterMetro Industries Corporation. InterMetro's Initial Claim Construction Brief. (Attachments: #1 Exhibit(s) Exhibit Table of Contents, #2 Exhibit(s) 1, #3 Exhibit(s) 2, #4 Exhibit(s) 3, #5 Exhibit(s) 4, #6 Exhibit(s) 5, #7 Exhibit(s) 6, #8 Exhibit(s) 7, #9 Exhibit(s) 8, #10 Exhibit(s) 9, #11 Exhibit(s) 10, #12 Exhibit(s) 11, #13 Exhibit(s) 12, #14 Exhibit(s) 13, #15 Exhibit(s) 14, #16 Exhibit(s) 15, #17 Exhibit(s) 16, #18 Exhibit(s) 17, #19 Exhibit(s) 18, #20 Exhibit(s) 19, #21 Exhibit(s) 20, #22 Exhibit(s) 21, #23 Exhibit(s) 22, #24 Exhibit(s) 23, #25 Exhibit(s) 24, #26 Exhibit(s) 25, #27 Exhibit(s) 26)(Forbis, Glenn) |
Filing 69 BRIEF by Capsa Solutions, LLC. Defendants' Joint Opening Claim Construction Brief, filed by Capsa Solutions, LLC. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Exhibit(s) G, #8 Exhibit(s) H, #9 Exhibit(s) I, #10 Exhibit(s) J, #11 Exhibit(s) K, #12 Exhibit(s) L, #13 Exhibit(s) M, #14 Exhibit(s) N, #15 Exhibit(s) O, #16 Exhibit(s) P, #17 Exhibit(s) Q, #18 Exhibit(s) R)(Wolfgang, Jayson) |
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Filing 67 MOTION To Exceed Word Count Limit on Initial Claim Construction Briefs with Certificate of Concurrence by InterMetro Industries Corporation. (Attachments: #1 Proposed Order Granting Motion to Exceed Word Count Limit)(Forbis, Glenn) |
Filing 66 by InterMetro Industries Corporation. Joint Claim Construction Chart. (Attachments: #1 Exhibit(s) 1 - Claim Chart)(Forbis, Glenn) |
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Filing 64 STIPULATION re #52 Amended Complaint,,,,,,, Stipulated Order to Dismiss Without Prejudice the Claims in Plaintiff's First Amended Complaint that Defendant's Alleged Patent Infringement Has Been Willful by Capsa Solutions, LLC, filed by Capsa Solutions, LLC. Related document: #52 Amended Complaint,,,,,,, filed by InterMetro Industries Corporation.(Wolfgang, Jayson) |
Filing 63 REPLY BRIEF re #53 MOTION to Dismiss with Prejudice Plaintiff's Amended Complaint filed by Capsa Solutions, LLC. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E)(Wolfgang, Jayson) |
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Filing 61 MOTION Joint to Amend Contentions Relating to the Infringement and Validity of Intermetro's Patents, filed by Capsa Solutions, LLC. (Attachments: #1 Proposed Order)(Wolfgang, Jayson) |
DOCKET ANNOTATION: Document #59, filed 11/24/2014, has been deleted per request of Atty - it has been refiled as Document #60. (rm) |
Filing 60 BRIEF IN OPPOSITION re #53 MOTION to Dismiss with Prejudice Plaintiff's Amended Complaint filed by InterMetro Industries Corporation. (Attachments: #1 Certificate of Word Count, #2 Index of Exhibits, #3 Exhibit(s) 1-Unpublished Case Law, #4 Exhibit(s) 2-Unpublished Case Law, #5 Exhibit(s) 3-Unpublished Case Law, #6 Exhibit(s) 4-Unpublished Case Law, #7 Exhibit(s) 5-Unpublished Case Law, #8 Exhibit(s) 6-Unpublished Case Law, #9 Exhibit(s) 7-Unpublished Case Law, #10 Exhibit(s) 8-Unpublished Case Law, #11 Exhibit(s) 9-Unpublished Case Law, #12 Exhibit(s) 10-Unpublished Case Law, #13 Exhibit(s) 11-Unpublished Case Law, #14 Exhibit(s) 12-Unpublished Case Law, #15 Exhibit(s) 13-Unpublished Case Law, #16 Exhibit(s) 14-Unpublished Case Law, #17 Exhibit(s) 15-Unpublished Case Law, #18 Exhibit(s) 16-Unpublished Case Law, #19 Exhibit(s) 17-Unpublished Case Law, #20 Exhibit(s) 18-Unpublished Case Law)(Moustakas, George) |
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Filing 57 STIPULATION to Exceed Page Limit and Word Count by InterMetro Industries Corporation. (Attachments: #1 Proposed Stipulated Order to Exceed Page Count and Word Limit)(Forbis, Glenn) |
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Filing 55 STIPULATION for Extension of Time by InterMetro Industries Corporation. (Attachments: #1 Proposed Stipulated Order For Extension)(Forbis, Glenn) |
Filing 54 BRIEF IN SUPPORT re #53 MOTION to Dismiss with Prejudice Plaintiff's Amended Complaint filed by Capsa Solutions, LLC. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Exhibit(s) G, #8 Exhibit(s) H, #9 Exhibit(s) I, #10 Exhibit(s) J, #11 Exhibit(s) K)(Wolfgang, Jayson) |
Filing 53 MOTION to Dismiss with Prejudice Plaintiff's Amended Complaint by Capsa Solutions, LLC. (Attachments: #1 Proposed Order, #2 Certificate of Nonconcurrence)(Wolfgang, Jayson) |
Filing 52 AMENDED COMPLAINT FOR PATENT INFRINGEMENT against Capsa Solutions, LLC, filed by InterMetro Industries Corporation. (Attachments: #1 Exhibit(s) Index of Exhibits, #2 Exhibit(s) 1, #3 Exhibit(s) 2, #4 Exhibit(s) 3, #5 Exhibit(s) 4, #6 Exhibit(s) 5, #7 Exhibit(s) 6, #8 Exhibit(s) 7, #9 Exhibit(s) 8, #10 Exhibit(s) 9, #11 Exhibit(s) 10, #12 Exhibit(s) 11, #13 Exhibit(s) 12, #14 Exhibit(s) 13, #15 Exhibit(s) 14, #16 Exhibit(s) 15, #17 Exhibit(s) 16, #18 Exhibit(s) 17, #19 Exhibit(s) 18, #20 Exhibit(s) 19, #21 Exhibit(s) 20, #22 Exhibit(s) 21, #23 Exhibit(s) 22, #24 Exhibit(s) 23, #25 Exhibit(s) 24, #26 Exhibit(s) 25, #27 Exhibit(s) 26, #28 Exhibit(s) 27, #29 Exhibit(s) 28, #30 Exhibit(s) 29, #31 Exhibit(s) 30, #32 Exhibit(s) 31, #33 Exhibit(s) 32, #34 Exhibit(s) 33, #35 Exhibit(s) 34, #36 Exhibit(s) 35, #37 Exhibit(s) 36, #38 Exhibit(s) 37, #39 Exhibit(s) 38, #40 Exhibit(s) 39, #41 Exhibit(s) 40, #42 Exhibit(s) 41, #43 Exhibit(s) 42, #44 Exhibit(s) 43, #45 Exhibit(s) 44, #46 Exhibit(s) 45, #47 Exhibit(s) 46, #48 Exhibit(s) 47, #49 Exhibit(s) 48, #50 Exhibit(s) 49, #51 Exhibit(s) 50, #52 Exhibit(s) 51, #53 Exhibit(s) 52, #54 Exhibit(s) 53, #55 Exhibit(s) 54, #56 Exhibit(s) 55, #57 Exhibit(s) 56, #58 Exhibit(s) 57, #59 Exhibit(s) 58, #60 Exhibit(s) 59, #61 Exhibit(s) 60, #62 Exhibit(s) 61, #63 Exhibit(s) 62, #64 Exhibit(s) 63, #65 Exhibit(s) 64, #66 Exhibit(s) 65, #67 Exhibit(s) 66, #68 Exhibit(s) 67, #69 Exhibit(s) 68, #70 Exhibit(s) 69, #71 Exhibit(s) 70, #72 Exhibit(s) 71, #73 Exhibit(s) 72, #74 Exhibit(s) 73, #75 Exhibit(s) 74, #76 Exhibit(s) 75, #77 Exhibit(s) 76, #78 Exhibit(s) 77, #79 Exhibit(s) 78, #80 Exhibit(s) 79, #81 Exhibit(s) 80, #82 Exhibit(s) 81, #83 Exhibit(s) 82)(Forbis, Glenn) |
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Filing 50 Joint MOTION to Amend/Correct #47 Order on Motion to Amend/Correct,,,,,,,,, by InterMetro Industries Corporation. (Attachments: #1 Proposed Stipulated Order Amending May 8, 2014 Scheduling Order)(Forbis, Glenn) |
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Filing 48 OMNIBUS MEMORANDUM OPINION - For the reasons discussed above, Capsa, Enovate, and Howard's Motions to Dismiss (3:13-CV-02853, Doc. 33; 3:13-CV-02854, Doc. 35; and 3:13-CV-02856, Doc. 29, respectively) are GRANTED. Separate Orders follow. Signed by Honorable Robert D. Mariani on 9/30/14. (jfg) |
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Filing 46 Joint MOTION to Amend/Correct #44 Order,,,,,,,,,,,,, by InterMetro Industries Corporation. (Attachments: #1 Proposed Order Proposed Order Granting Joint Motion for Entry of Stipulated Order Amending February 28 2014 Scheduling Order)(Forbis, Glenn) |
Filing 45 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of CMC by way of teleconference on 2/26/14 before Judge Mariani. Court Reporter Kristin Yeager, Telephone number 570.241.6612. 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 5/2/2014. Redacted Transcript Deadline set for 5/12/2014. Release of Transcript Restriction set for 7/10/2014. (cr) |
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Filing 42 REPLY BRIEF re #33 MOTION to Dismiss Willful Infringement Claims of Plaintiff Memorandum in Reply to Intermetro's Opposition to Capsa's Motion to Dismiss filed by Capsa Solutions, LLC. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Exhibit(s) G, #8 Exhibit(s) H)(Beel, Bryan) |
Filing 41 Letter from Glenn E. Forbis on behalf of all the parties regarding fact depositions. (Forbis, Glenn) |
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Filing 38 CASE MANAGEMENT PLAN (JOINT) by InterMetro Industries Corporation. (Attachments: #1 Appendix A - Stipulated Order Establishing Protocol for Electronic Discovery, #2 Appendix B - Stipulated Protective Order)(Forbis, Glenn) |
Filing 37 Joint MOTION for Entry of Stipulated Order Establishing Protocol for Electronic Discovery by InterMetro Industries Corporation. (Attachments: #1 Proposed Order Order Establishing Protocol for Electronic Discovery)(Forbis, Glenn) |
Filing 36 Joint MOTION for Protective Order (Entry of) by InterMetro Industries Corporation. (Attachments: #1 Proposed Order for Stipulated Protective Order)(Forbis, Glenn) |
Filing 35 BRIEF IN OPPOSITION re #33 MOTION to Dismiss Willful Infringement Claims of Plaintiff InterMetro filed by InterMetro Industries Corporation. (Attachments: #1 Exhibit(s) Index of Exhibits, #2 Exhibit(s) A - Unpublished Case Law, #3 Exhibit(s) B - Unpublished Case Law, #4 Exhibit(s) C - Unpublished Case Law, #5 Exhibit(s) D - Unpublished Case Law, #6 Exhibit(s) E - Unpublished Case Law)(Forbis, Glenn) |
Filing 34 BRIEF IN SUPPORT re #33 MOTION to Dismiss Willful Infringement Claims of Plaintiff filed by Capsa Solutions, LLC. (Attachments: #1 Unpublished Opinion(s), #2 Unpublished Opinion(s), #3 Unpublished Opinion(s), #4 Unpublished Opinion(s))(Wolfgang, Jayson) |
Filing 33 MOTION to Dismiss Willful Infringement Claims of Plaintiff by Capsa Solutions, LLC. (Attachments: #1 Proposed Order)(Wolfgang, Jayson) |
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Filing 30 MOTION to Withdraw as Attorney with Certificate of Concurrence by InterMetro Industries Corporation. (Attachments: #1 Proposed Order)(Murphy, John) |
Filing 29 MOTION to Withdraw with Certificate of Concurrence by InterMetro Industries Corporation. (Attachments: #1 Proposed Order)(Heist, Dale) |
Filing 28 MOTION for Further Extension of Time Concurred-In Motion for Further Extension of Time, filed by Capsa Solutions, LLC. (Attachments: #1 Proposed Order)(Wolfgang, Jayson) |
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Filing 26 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by Capsa Solutions, LLC. (Wolfgang, Jayson) |
Filing 25 MOTION to Withdraw as Attorney by InterMetro Industries Corporation.(Murphy, John) |
Filing 23 MOTION to Withdraw as Attorney by InterMetro Industries Corporation.(Heist, Dale) |
DOCKET ANNOTATION: At the request of Counsel Doc. 24 deleted and to be refiled. (ams) |
Filing 22 NOTICE of Appearance by Harvey Freedenberg on behalf of InterMetro Industries Corporation (Freedenberg, Harvey) |
Filing 21 NOTICE of Appearance by Shawn K. Leppo on behalf of InterMetro Industries Corporation (Leppo, Shawn) |
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Filing 19 SPECIAL ADMISSIONS FORM APPROVED as to Scott EadsSigned by Honorable Robert D. Mariani on 12/19/13. (lh) |
Filing 18 SPECIAL ADMISSIONS FORM APPROVED as to Bryan BeelSigned by Honorable Robert D. Mariani on 12/19/13. (lh) |
DOCKET ANNOTATION: Verified PA bar status for Jayson Wolfgang as active. (lh) |
DOCKET ANNOTATION: Oregon State Bar record verified for Attys Scott D. Eads and Bryan D. Beel. (ao) |
Filing 17 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Jayson R. Wolfgang on behalf of Capsa Solutions, LLC Filing fee $ 50, receipt number 0314-2967260.. (Wolfgang, Jayson) |
Filing 16 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Jayson R. Wolfgang on behalf of Capsa Solutions, LLC Filing fee $ 50, receipt number 0314-2967252.. (Wolfgang, Jayson) |
Filing 15 MOTION for Extension of Time to Concurred-In Motion for Extension of Time in Which to File a Pleading or Motion in Response to Plaintiff's Complaint by Capsa Solutions, LLC. (Attachments: #1 Proposed Order)(Wolfgang, Jayson) |
Filing 14 NOTICE of Appearance by Jayson R. Wolfgang on behalf of Capsa Solutions, LLC. (Wolfgang, Jayson) |
Filing 13 NOTICE of Appearance by John Frederick Murphy on behalf of InterMetro Industries Corporation (Murphy, John) |
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Filing 9 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Neal D Sanborn on behalf of InterMetro Industries Corporation Attorney Neal D. Sanborn is seeking special admission. Filing fee $ 50, receipt number 0314-2956263.. (Sanborn, Neal) |
Filing 8 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Glenn E Forbis on behalf of InterMetro Industries Corporation Attorney Glenn E. Forbis is seeking special admission. Filing fee $ 50, receipt number 0314-2956218.. (Forbis, Glenn) |
Filing 7 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by George D Moustakas on behalf of InterMetro Industries Corporation Attorney George D. Moustakas is seeking special admission. Filing fee $ 50, receipt number 0314-2956181.. (Moustakas, George) |
DOCKET ANNOTATION: Attys George Moustakas, Glenn E. Forbis and Neal D. Sanborn active and in good standing with Michigan State Bar (ts) |
Filing 6 SUMMONS Returned Executed by InterMetro Industries Corporation. Capsa Solutions, LLC served on 11/26/2013, answer due 12/17/2013. (Heist, Dale) |
Filing 5 LETTER - The above-referenced action has been assigned to me. To ensure that the Case Management Conference is conducted in a timely manner, you are directed to file a written report within thirty (30) days as to whether servicehas been effected or a waiver of service obtained. The report will not be required if an affidavit of service has been filed within that time period. In addition, you are advised to refrain from entering into agreements for extensions of time for filing an answer or other Responsive pleading to the complaint without court approval.Signed by Honorable Robert D. Mariani on 11-25/13. (jfg) |
SPECIAL ADMISSION FORM SENT to George Moustakas. (pjr) |
SPECIAL ADMISSION FORM SENT to Neal Sanborn. (pjr) |
SPECIAL ADMISSION FORM SENT to John Murphy. (pjr) |
SPECIAL ADMISSION FORM SENT to Glenn Forbis. (pjr) |
Filing 4 Summons Issued as to Capsa Solutions, LLC and provided TO ATTORNEY ELECTRONICALLY VIA ECF for service on Defendant(s)in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure. (NOTICE TO ATTORNEYS RECEIVING THE SUMMONS ELECTRONICALLY: You must print the summons and the attachment when you receive it in your e-mail and serve them with the complaint on all defendants in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure). (Attachments: #1 Summons Packet) (lh) |
Filing 3 REPORT to Commissioner of filing or determination of an actionPATENT. (lh) |
Filing 2 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by InterMetro Industries Corporation identifying Corporate Parent Emerson Electric Co. for InterMetro Industries Corporation. (lh) |
Filing 1 COMPLAINT against Capsa Solutions, LLC ( Filing fee $400, Receipt Number 0314-2945530), filed by InterMetro Industries Corporation. (Attachments: #1 Civil Cover Sheet, #2 Index of Exhibits, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19, #22 Exhibit 20, #23 Exhibit 21, #24 Exhibit 22, #25 Exhibit 23, #26 Exhibit 24)(lh) |
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