Well Cell Global LLC v. Calvit et al
| Well Cell Global LLC and Well Cell Support LLC |
| Shawn Paul Calvit, Marc Pierre Desgraves, IV, Charles Alexander Elliott, Insulinic of Lafayette LLC, Insulinic of Hialeah LLC, Insulinic of Hawaii, LLC, Dr. Patrick Dale LeLeaux, Insulinic LLC, Insulinic of Hammond, LLC, Insulinic of Gretna, LLC and MD Patrick Dale LeLeaux |
| 4:2022cv03062 |
| September 8, 2022 |
| US District Court for the Southern District of Texas |
| Lee H Rosenthal |
| Patent |
| 17 U.S.C. § 101 Copyright Infringement |
| Plaintiff |
Docket Report
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Filing 67
SEALED EXHIBITS Ex. A UNDER SEAL 2020-07-24 NUNC PRO TUNIC ASSIGNMENT HIGHLY CONFIDENTIAL re: #66 MOTION to Reopen Evidence by Well Cell Global LLC, Well Cell Support LLC, filed. (Barazi, Lema)
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Filing 66
MOTION to Reopen Evidence by Well Cell Global LLC, Well Cell Support LLC, filed. Motion Docket Date 11/25/2022. (Attachments: #1 Proposed Order)(Barazi, Lema)
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Filing 65
NOTICE of Appearance by Winston O. Huff on behalf of Shawn Paul Calvit, Insulinic of Hawaii, LLC, Insulinic of Hialeah LLC, Insulinic of Lafayette LLC, filed. (Huff, Winston)
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Filing 64
NOTICE of Appearance by Julie B. McClintock on behalf of Shawn Paul Calvit, Insulinic of Hawaii, LLC, Insulinic of Hialeah LLC, Insulinic of Lafayette LLC, filed. (McClintock, Julie)
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Filing 63
MEMORANDUM AND TEMPORARY RESTRAINING ORDER entered GRANTING #57 Agreed MOTION for Entry of Order re: TRO.TRO Deadline extended to November 9. The parties must submit proposed findings of fact and conclusions of law by 12:00 pm on Monday, November 7, 2022 (Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4) Modified on 11/4/2022 (leddins, 4).
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Filing 60
NOTICE of Appearance by Winston O. Huff and Julie B. McClintock on behalf of Shawn Paul Calvit, Insulinic of Hawaii, LLC, Insulinic of Hialeah LLC, Insulinic of Lafayette LLC, filed. (Ratley, Justin)
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Filing 59
AO 435 TRANSCRIPT REQUEST by Justin Ratley for Transcript of Injunction Hearing / 10/31/22 - 11/1/22 / Rosenthal. Daily (24 hours) turnaround requested. Court Reporter/Transcriber: Nichole Forrest, filed. (Ratley, Justin)
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Filing 58
AO 435 TRANSCRIPT REQUEST by Justin Ratley for Transcript of Injunction Hearing / 10/31/22 - 11/1/22 / Rosenthal. Daily (24 hours) turnaround requested. Court Reporter/Transcriber: Mary Capetillo, filed. (Ratley, Justin)
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Filing 62
Minute entry for proceedings before the Hon. Lee H. Rosenthal. Preliminary injunction hearing held on November 1, 2022. The court heard testimony from Scott Hepford. The parties must submit proposed findings of fact and conclusions of law by 12:00 pm on Friday, November 4, 2022 Appearances: Lema Barazi. for Pltf. and Justin Ratley/Elizabeth Eoff for Defts. (Court Reporter: M. Capetillo), filed.(leddins, 4)
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Filing 57
Agreed MOTION for Entry of Order re: TRO by Well Cell Global LLC, Well Cell Support LLC, filed. Motion Docket Date 11/22/2022. (Attachments: #1 Proposed Order)(Barazi, Lema)
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Filing 61
Minute entry for proceedings before the Hon. Lee H. Rosenthal. Preliminary injunction hearing held on October 31, 2022. The court heard testimony from Scott Hepford. The court granted the defendants motion for leave to file a response in excess of page limitation. (Docket Entry No. 46). Hearing will resume on November 1, 2022, at 9:00 a.m. Appearances:Lema Barazi for Pltf. and Justin Ratley/Elizabeth Eoff for Defts.(Court Reporter: M. Capetillo), filed.(leddins, 4)
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Filing 56
RETURN of Service of SUMMONS Executed as to Charles Alexander Elliott served on 10/8/2022, answer due 10/31/2022, filed.(Barazi, Lema)
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Filing 55
ORDER granting #39 Motion for Leave to File a Response in Excess of Page Limitation. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(kpicota, 4)
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Filing 54
PROPOSED ORDER Preliminary Injunction, filed.(Barazi, Lema)
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Filing 53
Hearing EXHIBITS by Well Cell Global LLC, Well Cell Support LLC, filed.(Barazi, Lema)
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Filing 52
NOTICE of Witness List by Well Cell Global LLC, Well Cell Support LLC, filed. (Barazi, Lema)
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Filing 51
RETURN of Service Executed as to Hunter Carr on 10/28/2022 re: Witness Subpoena, filed.(Ratley, Justin)
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Filing 50
PROPOSED ORDER re: #47 Response to Motion,,,, filed.(Ratley, Justin)
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Filing 49
Exhibit List by Shawn Paul Calvit, Marc Pierre Desgraves, IV, Charles Alexander Elliott, Insulinic of Hawaii, LLC, Insulinic of Hialeah LLC, Insulinic of Lafayette LLC(Ratley, Justin)
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Filing 48
SEALED EXHIBITS re: #47 Response to Motion,,, by Shawn Paul Calvit, Marc Pierre Desgraves, IV, Charles Alexander Elliott, Insulinic of Hawaii, LLC, Insulinic of Hialeah LLC, Insulinic of Lafayette LLC, filed. (Attachments: #1 Exhibit 1, #2 Exhibit 7, #3 Exhibit 10, #4 Exhibit 11, #5 Exhibit 12, #6 Exhibit 13, #7 Exhibit 14, #8 Exhibit 30) (Ratley, Justin)
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Filing 47
RESPONSE to #4 MOTION for Temporary Restraining Order filed by Shawn Paul Calvit, Marc Pierre Desgraves, IV, Charles Alexander Elliott, Insulinic of Hawaii, LLC, Insulinic of Hialeah LLC, Insulinic of Lafayette LLC. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 8, #7 Exhibit 9, #8 Exhibit 15, #9 Exhibit 16, #10 Exhibit 17, #11 Exhibit 18, #12 Exhibit 19, #13 Exhibit 20, #14 Exhibit 21, #15 Exhibit 22, #16 Exhibit 23, #17 Exhibit 24, #18 Exhibit 25, #19 Exhibit 26, #20 Exhibit 27, #21 Exhibit 28, #22 Exhibit 29, #23 Exhibit 31, #24 Exhibit 32, #25 Exhibit 33, #26 Exhibit 34)(Ratley, Justin)
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Filing 46
MOTION for Leave to File Defendants' Supplemental Response to Plaintiff's Request for Preliminary Injunction by Shawn Paul Calvit, Insulinic of Hawaii, LLC, Insulinic of Hialeah LLC, Insulinic of Lafayette LLC, filed. Motion Docket Date 11/18/2022. (Attachments: #1 Proposed Order)(Ratley, Justin)
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Filing 45
MOTION to Strike #4 MOTION for Temporary Restraining Order the Unsworn Declaration of Kelly McDaniel by Shawn Paul Calvit, Insulinic of Hawaii, LLC, Insulinic of Hialeah LLC, Insulinic of Lafayette LLC, filed. Motion Docket Date 11/18/2022. (Attachments: #1 Exhibit A, #2 Proposed Order)(Ratley, Justin)
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Filing 44
MOTION to Strike #4 MOTION for Temporary Restraining Order the Affidavt of Scott A. Hepford by Shawn Paul Calvit, Insulinic of Hawaii, LLC, Insulinic of Hialeah LLC, Insulinic of Lafayette LLC, filed. Motion Docket Date 11/18/2022. (Attachments: #1 Exhibit A, #2 Proposed Order)(Ratley, Justin)
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Filing 43
First AMENDED COMPLAINT with Jury Demand against All Defendants filed by Well Cell Support LLC, Well Cell Global LLC. Related document: #1 Complaint, filed by Well Cell Global LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit)(Barazi, Lema)
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Filing 42
**DOCKETED IN ERROR** AMENDED COMPLAINT with Jury Demand against All Defendants filed by Well Cell Global LLC, Well Cell Support LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit)(Barazi, Lema) Modified on 10/27/2022 (RachelWillborg, 4).
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Filing 41
SEALED EXHIBITS re: #40 Response in Opposition to Motion by Well Cell Global LLC, filed. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit) (Barazi, Lema)
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Filing 40
RESPONSE in Opposition to #35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Well Cell Global LLC. (Attachments: #1 Proposed Order, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Barazi, Lema)
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Filing 39
MOTION for Leave to File Response to Motion to Dismiss in Excess of Page Limit by Well Cell Global LLC, filed. Motion Docket Date 11/15/2022. (Attachments: #1 Proposed Order)(Barazi, Lema)
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Filing 38
MEMORANDUM AND TEMPORARY RESTRAINING ORDER entered. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4) Modified on 10/13/2022 (leddins, 4).
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Filing 37
NOTICE of Resetting. Parties notified. Injunction Hearing reset for 10/31/2022 at 01:30 PM in Courtroom 11B before Chief Judge Lee H Rosenthal, filed. (leddins, 4)
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Filing 36
NOTICE of Resetting. Parties notified. Injunction Hearing set for 10/18/2022 at 10:00 AM in Courtroom 11B before Chief Judge Lee H Rosenthal, filed. (leddins, 4)
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Filing 35
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Shawn Paul Calvit, Marc Pierre Desgraves, IV, Charles Alexander Elliott, Insulinic of Hawaii, LLC, Insulinic of Hialeah LLC, Insulinic of Lafayette LLC, filed. Motion Docket Date 10/25/2022. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Proposed Order)(Ratley, Justin)
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Filing 34
MEMORANDUM AND TEMPORARY RESTRAINING ORDER entered. The court orders Well Cell to tender $10,000.00 to the United States District Court assecurity for any injury to the defendants caused by the courts temporary restraining order, if the defendants are later determined to have been wrongfully enjoined. This order expires on October 11, 2022, or when the court otherwise orders. The court sets a hearing on Well Cells application for a preliminary injunction on Tuesday, October 11, 2022, at 2:00 p.m., in Courtroom 11-B.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4) Modified on 10/6/2022 (leddins, 4).
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Filing 33
ORDER entered GRANTING #31 Agreed AMENDED #30 MOTION to Seal.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)
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Filing 32
NOTICE of Resetting. Parties notified. Injunction Hearing reset for 10/11/2022 at 02:00 PM in Courtroom 11B before Chief Judge Lee H Rosenthal, filed. (leddins, 4)
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Filing 31
Agreed AMENDED #30 MOTION by Well Cell Global LLC, filed. Motion Docket Date 10/14/2022. (Attachments: #1 Proposed Order)(Barazi, Lema)
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Filing 30
MOTION to Seal Exhibits to Hepford Affidavit ECF 14 by Well Cell Global LLC, filed. Motion Docket Date 10/13/2022. (Barazi, Lema)
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Filing 29
MEMORANDUM AND ORDER entered: The court grants in part defendants motion for expedited discovery, (Docket Entry No. 20), with respect to Request Nos. 2, 3, and 6, as modified in the text of the order. Well Cell must respond by September 28, 2022. The court otherwise denies the motion. The preliminary injunction hearing is reset to October 3, 2022, at 10:30 a.m. in Courtroom 11-B. The TRO will be extended to that date.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4) Modified on 9/22/2022 (leddins, 4).
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Filing 28
PROTECTIVE ORDER entered granting #26 Agreed MOTION for Entry of Order re: Patent Protective Order.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)
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Filing 27
MEMORANDUM AND TEMPORARY RESTRAINING ORDER. Preliminary Injunction Hearing set for 9/23/2022 at 01:00 PM in Courtroom 11B before Chief Judge Lee H Rosenthal. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(gclair, 4)
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Filing 26
Agreed MOTION for Entry of Order re: Patent Protective Order by Well Cell Global LLC, filed. Motion Docket Date 10/12/2022. (Attachments: #1 Proposed Order)(Barazi, Lema)
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Filing 25
ORDER Regarding Security Amounts..(Signed by Chief Judge Lee H Rosenthal) Parties notified.(kpicota, 4)
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Deposit made into the Registry of the Court by Well Cell Global LLC in the amount of $10,000.00, receipt number HOU11355 re: #25 Order on Motion for Bond,, filed. (rhawkins, 4)
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Filing 24
RESPONSE in Opposition to #20 Opposed MOTION to Expedite Discovery, filed by Well Cell Global LLC. (Attachments: #1 Proposed Order)(Barazi, Lema)
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Filing 23
MOTION for Bond by Shawn Paul Calvit, Insulinic of Hawaii, LLC, Insulinic of Hialeah LLC, Insulinic of Lafayette LLC, filed. Motion Docket Date 10/7/2022. (Attachments: #1 Exhibit A, #2 Proposed Order)(Ratley, Justin)
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Filing 22
MOTION for Bond by Well Cell Global LLC, filed. Motion Docket Date 10/7/2022. (Attachments: #1 Proposed Order)(Barazi, Lema)
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Filing 21
ORDER entered: Shawn Paul Calvit, Insulinic of Hawaii, LLC, Insulinic of Hialeah LLC, and Insulinic of Lafayette LLC move for expedited discovery. (Docket Entry No. 20). The court will not require Well Cell to serve its responses to the defendants discovery requests until hearing from Well Cell. The moving defendants proposed deadline, September 20, 2022, is unrealistic and will not be ordered.The court orders Well Cell to file its opposition to the motion for expedited discovery by 5:00 p.m. on Monday, September 19, 2022. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)
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Filing 20
Opposed MOTION to Expedite Discovery by Shawn Paul Calvit, Insulinic of Hawaii, LLC, Insulinic of Hialeah LLC, Insulinic of Lafayette LLC, filed. Motion Docket Date 10/6/2022. (Attachments: #1 Exhibit A, #2 Proposed Order)(Ratley, Justin)
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Filing 19
ORDER entered: In its temporary restraining order, (Docket Entry No. 18), the court did not order Well Cell to provide security as required by Federal Rule of Civil Procedure 65(c). The parties did not address the security requirement in their briefing or during the September 13, 2022, hearing.No later than 1:00 p.m. on Friday, September 16, the parties must submit proposals for the security.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)
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Filing 18
MEMORANDUM AND TEMPORARY RESTRAINING ORDER entered: This order expires on September 27, 2022, or when the court otherwise orders. The court sets a hearing on Well Cell's application for a preliminary injunction on Friday, September 23, 2022, at 1:00 p.m., in Courtroom 11-B.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)
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Filing 16
PROPOSED ORDER re: #4 MOTION for Temporary Restraining Order, filed.(Ratley, Justin)
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Filing 15
PROPOSED ORDER Temporary Restraining Order re: #4 MOTION for Temporary Restraining Order, filed.(Barazi, Lema)
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Filing 17
Minute entry for proceedings before the Hon. Lee H. Rosenthal. The court held a hearing on plaintiffs motion for a temporary restraining order, (Docket Entry No. 4). The court grants the motion and separately enters an order. A hearing on plaintiffs motion for a preliminary injunction will be held on Friday, September 23, 2022, at 1:00 p.m., in Courtroom 11-B. Appearances: Lema Barazi for Pltf. and Justin Ratley/Elizabeth Eoff for Defts. (Court Reporter: G. Dye), filed.(leddins, 4)
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Filing 14
AFFIDAVIT of Scott Hepford re: #4 MOTION for Temporary Restraining Order, filed. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Barazi, Lema)
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Filing 13
NOTICE of Appearance by Elizabeth F. Eoff on behalf of Insulinic of Hawaii, LLC, filed. (Eoff, Elizabeth)
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Filing 12
NOTICE of Appearance by Justin Keith Ratley on behalf of Shawn Paul Calvit, Insulinic of Hawaii, LLC, Insulinic of Hialeah LLC, Insulinic of Lafayette LLC, filed. (Ratley, Justin)
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Filing 11
PROPOSED ORDER Temporary Restraining Order re: #4 MOTION for Temporary Restraining Order, filed.(Barazi, Lema)
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Filing 10
Summons Issued as to Insulinic of Hialeah LLC. Issued summons delivered to plaintiff by NEF, filed.(hlerma, 4)
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Filing 9
US Patent and Trademark Office Notified. AO 120, filed. (Attachments: #1 Complaint) (JacquelineMata, 4)
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Filing 8
ORDER Scheduling Rule 16 Conference With the Court and Setting Out the Requirements for Initial Pretrial Work (Patent Case). Initial Conference set for 12/16/2022 at 10:30 AM by video before Chief Judge Lee H Rosenthal. (Signed by Chief Judge Lee H Rosenthal) (Attachments: #1 Attachments) Parties notified.(JacquelineMata, 4)
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Filing 7
Request for Issuance of Summons as to Insulinic of Hialeah LLC, filed.(Barazi, Lema)
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Filing 6
NOTICE of Setting as to #4 MOTION for Temporary Restraining Order. Parties notified. Motion Hearing set for 9/13/2022 at 05:00 PM in Courtroom 11B before Chief Judge Lee H Rosenthal, filed. Plaintiff must serve defendants the complaint and motion for TRO. (leddins, 4) Modified on 9/9/2022 (leddins, 4).
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Filing 5
PROPOSED ORDER to Show Cause for Preliminary Injunction and Temporary Restraining Order re: #4 MOTION for Temporary Restraining Order, filed.(Barazi, Lema)
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Filing 4
MOTION for Temporary Restraining Order by Well Cell Global LLC, filed. Motion Docket Date 9/30/2022. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit)(Barazi, Lema)
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Filing 3
Summons Issued as to All Defendants. Issued summons delivered to plaintiff by NEF, filed. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons) (BrandisIsom, 4)
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Filing 2
Request for Issuance of Summons as to All Defendants, filed. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons)(Barazi, Lema)
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Filing 1
COMPLAINT against Shawn Paul Calvit, Marc Pierre Desgraves, IV, Charles Alexander Elliott, Insulinic of Hawaii, LLC, Insulinic of Hialeah LLC, Insulinic of Lafayette LLC (Filing fee $ 402 receipt number ATXSDC-28744837) filed by Well Cell Global LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit)(Barazi, Lema)
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