IMM Holdings, Ltd. v, HKParts Incorporated
| IMM Holdings, Ltd. |
| HKParts Incorporated |
| 2:2020cv00678 |
| September 28, 2020 |
| US District Court for the District of Utah |
| Tena Campbell |
| Trademark |
| 15 U.S.C. § 1114 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 5, 2020. A more recent docket listing may be available from PACER.
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| Filing 59 Plaintiff's ANSWER to #53 Counterclaim filed by IMM Holdings, Ltd..(Straight, Samuel) |
| Filing 58 NOTICE of Appearance by Samuel C. Straight on behalf of IMM Holdings, Ltd. (Straight, Samuel) |
Filing 57
DOCKET TEXT ORDER granting #55 Motion for Admission Pro Hac Vice of Attorney Gregory Perrone for HKParts Incorporated.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. So ordered by Judge Tena Campbell on 10/19/20 (docket text only - no attached document) (alt)
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Filing 56
DOCKET TEXT ORDER granting #54 Motion for Admission Pro Hac Vice of Attorney Bobby W. Braxton for HKParts Incorporated.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. So ordered by Judge Tena Campbell on 10/19/20 (docket text only - no attached document) (alt)
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| Filing 55 MOTION for Admission Pro Hac Vice of Gregory Perrone , Registration fee $ 250, receipt number AUTDC-3758942,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendant HKParts Incorporated, Counter Claimant HKParts Incorporated. (Attachments: #1 Exhibit Pro Hac Vice Application, #2 Text of Proposed Order)(Milne, Lance) |
| Filing 54 MOTION for Admission Pro Hac Vice of Bobby W. Braxton , Registration fee $ 250, receipt number AUTDC-3758908,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendant HKParts Incorporated, Counter Claimant HKParts Incorporated. (Attachments: #1 Exhibit Pro Hac Vice Application, #2 Text of Proposed Order)(Milne, Lance) |
| Filing 53 HK Parts, Inc.'s ANSWER to #1 Complaint, with Jury Demand , COUNTERCLAIM against IMM Holdings, Ltd. filed by HKParts Incorporated.(Milne, Lance) |
| Filing 52 NOTICE of Appearance by Lance L. Milne on behalf of HKParts Incorporated (Milne, Lance) |
| Filing 51 Report on the Filing of an action sent to the Director of the U.S. Patent and Trademark Office. (rks) |
| Filing 50 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Bradley Paul Nelson, Braxton Wayne Bobby, Gregory Perrone, for Defendant HKParts Incorporated (Attachments: #1 PHV - Bobby, #2 PHV - Perrone) (rks) |
| Filing 49 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Peter John Shakula, III, Kevin Andrew Thompson, David Brezina, for Plaintiff IMM Holdings, Ltd. (Attachments: #1 PHV Thompson, Brezina) (rks) |
| Filing 48 Case transferred in from USDC of Illinois Northern; Case Number 1:19-cv-06451. Original file, certified copy of transfer order and docket sheet received. Case assigned to Judge Tena Campbell. |
| Filing 47 TRANSFERRED to the District Court of Utah the electronic record. (lma, ) [Transferred from Illinois Northern on 9/28/2020.] |
| Filing 46 ENTERED IN ERROR. (lk, ) Modified on 9/28/2020; Judgment entered in error (lk, ). (Main Document 46 replaced on 9/28/2020) (lk, ). [Transferred from Illinois Northern on 9/28/2020.] Modified on by adding error text 9/28/2020 |
| Filing 45 MEMORANDUM Opinion and Order signed by the Honorable Virginia M. Kendall on 9/22/2020. Defendant's Motion to Dismiss for lack of personal jurisdiction #30 is denied. Defendant's Motion to Dismiss for improper venue is also denied. This Court grants Defendant's Motion to Transfer Venue to the District Court of Utah pursuant to 28 U.S.C. 1404(a). The Clerk is directed to transfer the case to the District Court of Utah for all further proceedings forthwith. Judgement to follow. Mailed notice(lk, ) [Transferred from Illinois Northern on 9/28/2020.] |
| Filing 44 MINUTE entry before the Honorable Virginia M. Kendall. Attorneys Gregory Perrone and Bobby Braxton's Motions to appear pro hac vice #40 and #41 are granted. Mailed notice (lk, ) [Transferred from Illinois Northern on 9/28/2020.] |
| Filing 43 MINUTE entry before the Honorable Virginia M. Kendall. Attorney Gergory Perrone's Motion to appear pro hac vice #38 is granted. On the Court's own Motion, Status hearing set for 9/16/2020 is reset for 10/20/2020 at 9:00 AM and will proceed via Teleconference. Prior to the conference call, Please click on this hyper link: https://teleconference.uc.att.com/ecm/?bp=4044432170&mac=2413900 to take you to Judge Kendall's telephone conference login. From there, join conference As Guest, ENTER YOUR NAME, Type the digits in the picture, Click on the Call Me option and fill in your phone number (no hypens) and NAME. If you do not have access to a computer Dial: (877)848-7030, the access code is: 2413900#. Given the increased volume of users that is anticipated, we ask that you keep your phone on mute until your case is called. Please also remember to SAY YOUR NAME EACH AND EVERY TIME BEFORE YOU SPEAK.The Court prefers that you use the procedure that requires that the system calls your phone and you enter your name so that the Court and the Court reporter can see who is speaking during the hearing. Motion hearing set for 9/16/2020 is stricken. Mailed notice (lk, ) [Transferred from Illinois Northern on 9/28/2020.] |
| Filing 42 STATUS Report Joint by IMM Holdings, Ltd. (Shakula, Peter) [Transferred from Illinois Northern on 9/28/2020.] |
| Filing 41 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17423570. (Attachments: #1 Exhibit Addendum to PHV Motion)(Perrone, Gregory) [Transferred from Illinois Northern on 9/28/2020.] |
| Filing 40 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17423447. (Bobby, Braxton) [Transferred from Illinois Northern on 9/28/2020.] |
| Filing 39 NOTICE of Motion by Bradley Paul Nelson for presentment of motion to appear pro hac vice #38 before Honorable Virginia M. Kendall on 9/16/2020 at 09:00 AM. (Nelson, Bradley) [Transferred from Illinois Northern on 9/28/2020.] |
| Filing 38 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17393617. (Attachments: #1 Exhibit Addendum)(Nelson, Bradley) [Transferred from Illinois Northern on 9/28/2020.] |
| Filing 37 MINUTE entry before the Honorable Virginia M. Kendall. Status hearing set for 9/16/2020 at 9:00 AM will proceed via Teleconference. Prior to the conference call, Please click on this hyper link: https://teleconference.uc.att.com/ecm/?bp=4044432170&mac=2413900 to take you to Judge Kendall's telephone conference login. From there, join conference As Guest, ENTER YOUR NAME, Type the digits in the picture, Click on the Call Me option and fill in your phone number (no hypens) and NAME. If you do not have access to a computer Dial: (877)848-7030, the access code is: 2413900#. Given the increased volume of users that is anticipated, we ask that you keep your phone on mute until your case is called. Please also remember to SAY YOUR NAME EACH AND EVERY TIME BEFORE YOU SPEAK.The Court prefers that you use the procedure that requires that the system calls your phone and you enter your name so that the Court and the Court reporter can see who is speaking during the hearing.Mailed notice (lk, ) [Transferred from Illinois Northern on 9/28/2020.] |
| Filing 36 REPLY by HKParts Incorporated to response to motion #34 , memorandum in support of motion #31 , MOTION by Defendant HKParts Incorporated to dismiss for lack of jurisdiction and Improper Venue or Transfer #30 (Attachments: #1 Declaration Exhibit A)(Nelson, Bradley) [Transferred from Illinois Northern on 9/28/2020.] |
| Filing 35 SUPPLEMENT to response to motion #34 (Shakula, Peter) [Transferred from Illinois Northern on 9/28/2020.] |
| Filing 34 RESPONSE by IMM Holdings, Ltd. to MOTION by Defendant HKParts Incorporated to dismiss for lack of jurisdiction and Improper Venue or Transfer #30 (Shakula, Peter) [Transferred from Illinois Northern on 9/28/2020.] |
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Filing 33
ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk6, Docket) [Transferred from Illinois Northern on 9/28/2020.]
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| Filing 32 MINUTE entry before the Honorable Virginia M. Kendall. Attorney Bradley Nelson's Motion to appear pro hac vice #29 is granted. Briefing schedule set as to Defendant's Motion to Dismiss #30 . Response due by 7/13/2020. Reply due by 7/20/2020. Status hearing set for 7/21/2020 is rescheduled for 9/16/2020 at 9:00 AM. The courtroom deputy will contact Parties if hearing will proceed via Teleconference. Mailed notice (lk, ) [Transferred from Illinois Northern on 9/28/2020.] |
| Filing 31 MEMORANDUM by HKParts Incorporated in support of motion to dismiss/lack of jurisdiction #30 (Attachments: #1 Declaration Exhibit 1)(Nelson, Bradley) [Transferred from Illinois Northern on 9/28/2020.] |
| Filing 30 MOTION by Defendant HKParts Incorporated to dismiss for lack of jurisdiction and Improper Venue or Transfer (Nelson, Bradley) [Transferred from Illinois Northern on 9/28/2020.] |
| Filing 29 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17148868. (Nelson, Bradley) [Transferred from Illinois Northern on 9/28/2020.] |
| Filing 28 MINUTE entry before the Honorable Virginia M. Kendall. Defendant's Unopposed Motion for extension of time to answer or otherwise plead #26 is granted. Answer shall be due by 6/26/2020. Joint Status Report due by 7/16/2020. Initial Status hearing 7/21/2020 at 9:00 AM stands and will proceed via teleconference. Prior to the conference call, Please click on this hyper link: https://teleconference.uc.att.com/ecm/?bp=4044432170&mac=2413900 to take you to Judge Kendall's telephone conference login. From there, join conference As Guest, Enter your name, Type the digits in the picture, Click on the Call Me option and fill in your phone number (no hypens) and name. If you do not have access to a computer Dial: (877)848-7030, the access code is: 2413900#. Given the increased volume of users that is anticipated, we ask that you keep your phone on mute until your case is called. Motion hearing set for 6/8/2020 is stricken.Mailed notice (lk, ) [Transferred from Illinois Northern on 9/28/2020.] |
| Filing 27 Agreed NOTICE of Motion by Peter John Shakula, II for presentment of motion for extension of time to file answer #26 before Honorable Virginia M. Kendall on 6/8/2020 at 09:00 AM. (Shakula, Peter) [Transferred from Illinois Northern on 9/28/2020.] |
| Filing 26 MOTION by Plaintiff IMM Holdings, Ltd. for extension of time to file answer and Joint Status Report - Agreed (Shakula, Peter) [Transferred from Illinois Northern on 9/28/2020.] |
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Filing 25
ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket7, ) [Transferred from Illinois Northern on 9/28/2020.]
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| Filing 24 MINUTE entry before the Honorable Virginia M. Kendall. On the Court's own Motion due to Third Amended General Order 20-0012, Initial Status hearing set for 5/21/2020 is reset for 7/21/2020 at 9:00 AM. Mailed notice (lk, ) [Transferred from Illinois Northern on 9/28/2020.] |
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Filing 23
ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket6, ) [Transferred from Illinois Northern on 9/28/2020.]
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| Filing 22 MINUTE entry before the Honorable Virginia M. Kendall. On the Court's own Motion due to Second Amended General Order 20-0012, Initial Status hearing set for 4/7/2020 is reset for 5/21/2020 at 9:00 AM. If needed, please refer to Minute Entry #19 regarding appearing telephonically. Mailed notice (lk, ) [Transferred from Illinois Northern on 9/28/2020.] |
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Filing 21
ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020: Mailed notice. (docket1, ) [Transferred from Illinois Northern on 9/28/2020.]
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Filing 20
ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (ecw, ) [Transferred from Illinois Northern on 9/28/2020.]
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Filing 19
GENERAL ORDER signed by the Honorable Virginia M. Kendall: In view of the current situation regarding COVID19, the Court encourages counsel with motion or status hearings set over the next few weeks to (a) file a joint status report if they believe that the motion and/or status can be handled without an appearance simply by providing the Court with an update on the progress of the case or an indication that the relief requested in the motion either is unopposed or can be addressed with an agreed briefing schedule or (b) make arrangements to appear by telephone for all motions and status hearings that cannot be handled without an appearance. If you would like to appear by telephone for any hearing or status conference, please contact the Courtroom Deputy, Lynn Kandziora, preferably by email (Lynn_Kandziora@ilnd.uscourts.gov) or by telephone (312) 4085153, if necessary, to advise her of the case number and the name of the person who is expecting to participate. We will open the phone lines shortly before the start time every day that court is in session. Please use the Court's toll free call in number 877 848 7030, conference access code is 2413900. Given the increased volume of users that is anticipated, we ask that you keep your phone on mute until your case is called. Signed by the Honorable Virginia M. Kendall on 3/13/2020: Mailed notice. (rp, ) [Transferred from Illinois Northern on 9/28/2020.]
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| Filing 18 MINUTE entry before the Honorable Virginia M. Kendall. Defendant's Unopposed Motion for extension of time to answer or otherwise plead #16 is granted. Answer shall be due by 3/20/2020. Joint Status Report due by 3/27/2020. Initial Status hearing reset for 4/7/2020 at 9:00 AM. Motion hearing set for 2/19/2020 is stricken. Mailed notice (lk, ) [Transferred from Illinois Northern on 9/28/2020.] |
| Filing 17 NOTICE of Motion by Bradley Paul Nelson for presentment of motion for extension of time to file answer #16 before Honorable Virginia M. Kendall on 2/19/2020 at 09:00 AM. (Nelson, Bradley) [Transferred from Illinois Northern on 9/28/2020.] |
| Filing 16 MOTION by Defendant HKParts Incorporated for extension of time to file answer Unopposed (Nelson, Bradley) [Transferred from Illinois Northern on 9/28/2020.] |
| Filing 15 ATTORNEY Appearance for Defendant HKParts Incorporated by Bradley Paul Nelson (Nelson, Bradley) [Transferred from Illinois Northern on 9/28/2020.] |
| Filing 14 SUMMONS Returned Executed by IMM Holdings, Ltd. as to HKParts Incorporated on 1/29/2020, answer due 2/19/2020. (Shakula, Peter) [Transferred from Illinois Northern on 9/28/2020.] |
| SUMMONS Issued as to Defendant HKParts Incorporated (ec, ) [Transferred from Illinois Northern on 9/28/2020.] |
| Filing 13 MINUTE entry before the Honorable Virginia M. Kendall. Initial Status hearing held on 12/12/2019. Plaintiff reports that he has not served the Complaint on Defendant yet due to potential settlement negotiations. Plaintiff's oral motion for extension of time to serve Defendant is granted. Plaintiff shall serve Defendant by 1/30/2020. Joint Status Report due by 3/3/2020. Initial Status hearing continued for 3/5/2020 at 9:00 AM. Mailed notice (lk, ) [Transferred from Illinois Northern on 9/28/2020.] |
| Filing 12 MINUTE entry before the Honorable Virginia M. Kendall. Attorneys David Brezina and Kevin Thompson's Motion to substitute attorney #10 is granted. Attorney Peter John Shakula is substituted for Plaintiff IMM Holdings, Ltd. Motion hearing set for 12/5/2019 is stricken. Mailed notice (lk, ) [Transferred from Illinois Northern on 9/28/2020.] |
| Filing 11 NOTICE of Motion by David C. Brezina for presentment of motion to substitute attorney #10 before Honorable Virginia M. Kendall on 12/5/2019 at 09:00 AM. (Brezina, David) [Transferred from Illinois Northern on 9/28/2020.] |
| Filing 10 MOTION by Plaintiff IMM Holdings, Ltd. to substitute attorney Peter J Shakula for David C Brezina and Kevin A Thompson (Brezina, David) [Transferred from Illinois Northern on 9/28/2020.] |
| Filing 9 MINUTE entry before the Honorable Virginia M. Kendall. Initial status hearing set for 12/12/2019 at 9:00 a.m. Joint Status Report due by 12/9/2019. The parties are directed to Judge Kendall's web page found at www.ilnd.uscourts.gov for information about the Initial Status Report and for information regarding all standing orders for cases on Judge Kendall's docket. The parties shall follow all of the standing orders for Judge Kendall and all Local Rules which can be found at the same web page. For the Initial Status Report, the parties are to report on the following: (1) Possibility of settlement in the case; (2) if no possibility of settlement exists, the nature and length of discovery necessary (with specific dates) to get the case ready for trial; 3) whether the parties jointly consent to proceed before the Magistrate Judge. At the Initial Status Hearing, the Parties shall be prepared to inform the Court about the extent of monetary damages in order for the Court to address the proportionality of discovery as required by Fed. R. Civ. P. 26. Lead counsel is directed to appear at this status hearing. Mailed notice (lk, ) [Transferred from Illinois Northern on 9/28/2020.] |
| Filing 8 ATTORNEY Appearance for Plaintiff IMM Holdings, Ltd. by Kevin Andrew Thompson (Thompson, Kevin) [Transferred from Illinois Northern on 9/28/2020.] |
| Filing 7 MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (gcy, ) [Transferred from Illinois Northern on 9/28/2020.] |
| Filing 6 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (gcy, ) [Transferred from Illinois Northern on 9/28/2020.] |
| Filing 5 MAILED Trademark report to Patent Trademark Office, Alexandria VA. (gcy, ) [Transferred from Illinois Northern on 9/28/2020.] |
| CASE ASSIGNED to the Honorable Virginia M. Kendall. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (td, ) [Transferred from Illinois Northern on 9/28/2020.] |
| Filing 4 STATUS Report Report on Filing Patent - Trademark FORM AO 120 by IMM Holdings, Ltd. (Brezina, David) [Transferred from Illinois Northern on 9/28/2020.] |
| Filing 3 ATTORNEY Appearance for Plaintiff IMM Holdings, Ltd. by David C. Brezina (Brezina, David) [Transferred from Illinois Northern on 9/28/2020.] |
| Filing 2 CIVIL Cover Sheet (Brezina, David) [Transferred from Illinois Northern on 9/28/2020.] |
| Filing 1 COMPLAINT filed by IMM Holdings, Ltd.; Jury Demand. Filing fee $ 400, receipt number 0752-16284259. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4)(Brezina, David) [Transferred from Illinois Northern on 9/28/2020.] |
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| Defendant: HKParts Incorporated | |
| Represented By: | Bobby W. Braxton |
| Represented By: | Gregory Perrone |
| Represented By: | Lance L. Milne |
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| Plaintiff: IMM Holdings, Ltd. | |
| Represented By: | Samuel C. Straight |
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