Green v. Park City Performances et al
| Michael Green |
| Park City Performances a Utah Corporation doing business as Egyptian Theatre, Randy Barton, Utopia Artists, Wendy Kay, David Meros, Eric Barnet, Martin Gerschwitz, Brenard Pershey and Wendy Klein |
| 2:2021cv00627 |
| October 22, 2021 |
| US District Court for the District of Utah |
| Jill N Parrish |
| Cecilia M Romero |
| Trademark |
| 15 U.S.C. § 1114 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 14, 2023. A more recent docket listing may be available from PACER.
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Filing 70
SCHEDULING ORDER: Discovery due by 2/15/2023. Motions due by 3/13/2023. Scheduling Conference set for 3/20/2023 at 02:00 PM before Judge Jill N. Parrish. See order for other dates and deadlines. Signed by Magistrate Judge Cecilia M. Romero on 12/15/21. (alf)
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Filing 69
DOCKET TEXT ORDER TO SUBMIT PROPOSED SCHEDULING ORDER. The court is in receipt of the #68 Attorney Planning Meeting Report. As previously directed in paragraph 2(a) of the #22 Order to Propose Schedule, the parties are ordered to submit a proposed scheduling order in Microsoft Word format directly to chambers email at utdecf_romero@utd.uscourts.gov within three days from the date of this order. No attached document. Signed by Magistrate Judge Cecilia M. Romero on 12/13/2021. (jfm)
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Filing 68
REPORT OF ATTORNEY PLANNING MEETING. (Bateman, Randall)
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Filing 67
NOTICE OF ACKNOWLEDGMENT of Civil Standing Order filed by Defendants Utopia Artists LLC and Wendy Kay (Christensen, LaVar) Modified on 12/13/2021 to add Utopia Artists. Counsel is not choosing all represented parties when filing. (alf).
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Filing 66
ORDER granting #62 Motion for Extension of Time to Answer re #38 Amended Complaint. Answer deadline updated for Wendy Kay amd Utopia Artists to 1/7/2022. Signed by Magistrate Judge Cecilia M. Romero on 12/10/21. (alf)
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Filing 65
Modification of Docket re: Motion #62 : Error: The document was improperly filed as a Motion for Extension of Time to file Response/Reply. It should have been filed as a Motion for Extension of time to file Answer. Correction: Event type and docket entry corrected. No further action is needed. (alf)
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Filing 64
NOTICE OF DEFICIENCY re #63 Notice of Filing. The document is stricken as improperly filed. It is not signed by counsel and was filed under incorrect event. Please refile with signature and using "Notice of Acknowledgment " found under Other Filings-Notices. ADDITIONALLY, Counsel is requested to choose ALL parties that it represents and that are on the documents, i.e, Utopia Artists. The clerk requests the filer of the original document to refile the pleading. The new pleading will receive a new document number on the docket. (alf)
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Filing 63
NOTICE OF FILING filed by Defendant Wendy Kay. (Christensen, LaVar) Modified on 12/10/2021 - document stricken as improperly filed. (alf).
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Filing 62
MOTION for Extension of Time to File Response/Reply Answer. filed by Defendant Wendy Kay and Utopia Artists. Motions referred to Cecilia M. Romero.(Christensen, LaVar) Modified on 12/10/2021 to add Utopia Artists to motion. (alf). Modified on 12/10/2021 to correct event type (alf).
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Filing 61
NOTICE of Appearance by LaVar Christensen on behalf of Wendy Kay (Christensen, LaVar)
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Filing 60
**SEALED DOCUMENT** re #59 Plaintiff's MOTION Alternative Service on Utopia Artists, LLC and Memorandum in Support filed by Plaintiff Michael GreenNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit A - Florida Reg., #2 Exhibit B - Affidavit of Non-service, #3 Exhibit C - Utopia Artists Website, #4 Exhibit D - Annual Report)(Bateman, Randall)
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Filing 59
Plaintiff's MOTION Alternative Service on Utopia Artists, LLC and Memorandum in Support filed by Plaintiff Michael Green. (Attachments: #1 Text of Proposed Order Proposed Order) Motions referred to Cecilia M. Romero.(Bateman, Randall)
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Filing 58
CERTIFICATE OF SERVICE by Michael Green re #38 Amended Complaint, on Wendy Kay (Bateman, Randall)
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Filing 57
DOCKET TEXT ORDER finding as moot #50 Motion to Expedite. Because plaintiff Michael Green has withdrawn his motion for a preliminary injunction, the court finds that the motion to expedite discovery is now moot. Signed by Judge Jill N. Parrish on 12/2/21. (ksb)
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Filing 56
Stipulated RESPONSE to Motion re #33 Plaintiff's MOTION for Preliminary Injunction and Memorandum in Support Withdrawal of Motion filed by Plaintiff Michael Green. (Bateman, Randall)
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Filing 55
**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Michael Green as to Wendy Kay served on 11/20/2021, answer due 12/13/2021. (Bateman, Randall)
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Filing 54
ORDER granting #53 Motion to Dismiss Parties. David Meros (an Individual), Brenard Pershey, Eric Barnet (an individual ) and Martin Gerschwitz (an Individual) terminated. Signed by Judge Jill N. Parrish on 11/23/21. (alf)
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Filing 53
Plaintiff's MOTION to Dismiss Party David Meros, Eric Barnett, Bernard Pershey, Martin Gerschwitz and Memorandum in Support filed by Plaintiff Michael Green. (Attachments: #1 Text of Proposed Order Proposed Order)(Bateman, Randall)
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Filing 52
ORDER granting #44 Motion for Extension of Time to Answer re #38 Amended Complaint. Answer deadline updated for Brenard Pershey to 12/9/2021. Signed by Judge Jill N. Parrish Magistrate Judge Cecilia M. Romero on 11/22/21. (alf) Modified on 11/23/2021 to correct judge who signed order (alf).
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Filing 51
ORDER granting #42 Motion for Extension of Time to Answer re #38 Amended Complaint. Answer deadline updated for David Meros to 12/9/2021. Signed by Magistrate Judge Cecilia M. Romero on 11/22/21. (alf)
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Filing 50
MOTION to Expedite Discovery and Evidentiary Hearing and Memorandum in Support filed by Defendants Randy Barton, Park City Performances. (Attachments: #1 Exhibit 1 - Nancy Bushy Declaration, #2 Exhibit 2 - Ean Schreiber Declaration, #3 Exhibit 3 - Natalie Redd Declaration, #4 Text of Proposed Order - Proposed Order Granting Theatre Defendants' Motion for Expedited Discovery and Evidentiary Hearing) Motions referred to Cecilia M. Romero.(Harmond, Michael)
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Filing 49
MEMORANDUM in Opposition re #33 Plaintiff's MOTION for Preliminary Injunction and Memorandum in Support filed by Defendants Randy Barton, Park City Performances. (Attachments: #1 Exhibit 1 - Nancy Bushy Declaration, #2 Exhibit 2- Ean Schreiber Declaration, #3 Exhibit 3 - Randy Barton Declaration, #4 Exhibit 4 - Natalie Redd Declaration)(Harmond, Michael)
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Filing 48
ORDER granting #29 Motion for Extension of Time to Answer re #38 Amended Complaint. Answer deadline updated for Randy Barton and Park City Performances answer due 12/21/2021. Signed by Magistrate Judge Cecilia M. Romero on 11/17/21. (alf)
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Filing 47
Plaintiff's RESPONSE to Motion re #44 MOTION for Extension of Time to File Answer re #38 Amended Complaint, filed by Plaintiff Michael Green. (Bateman, Randall)
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Filing 46
Plaintiff's RESPONSE to Motion re #42 MOTION for Extension of Time to File Answer re #38 Amended Complaint, filed by Plaintiff Michael Green. (Bateman, Randall)
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Filing 45
Plaintiff's MEMORANDUM in Opposition re #29 MOTION for Extension of Time to File Answer re #2 Complaint, and Memorandum in Support filed by Plaintiff Michael Green. (Attachments: #1 Exhibit A - Iron Butterfly Contract)(Bateman, Randall)
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Filing 44
MOTION for Extension of Time to File Answer re #38 Amended Complaint, filed by Defendant Brenard Pershey. Motions referred to Cecilia M. Romero.(alf)
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Filing 43
NOTICE of Email Filing and Notification Form by Brenard Pershey. (alf)
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Filing 42
MOTION for Extension of Time to File Answer re #38 Amended Complaint, filed by Defendant David Meros. Motions referred to Cecilia M. Romero.(alf)
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Filing 41
Modification of Docket re #40 Notice of Email Filing and Notification Form : Error: Wrong document was added to entry. Correction: Correct document has been attached to entry and this modification. (alf)
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Filing 40
NOTICE of Email Filing and Notification Form by David Meros. (alf) (alf).
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Filing 39
Modification of Docket re Document #37 : Error: Per counsel, document filed incorrectly as summons was not executed. Correction: Stricken, counsel to refile.(alf)
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ANSWER DEADLINE UPDATED for Eric Barnet. Summons returned executed #37 was improperly filed and was not executed per counsel. (alf)
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Filing 38
AMENDED COMPLAINT against All Defendants with Jury Demand. filed by Michael Green. (Attachments: #1 Exhibit A - Assignment, #2 Exhibit B - Assignment, #3 Exhibit C - Trademark, #4 Exhibit D - Cease and Desist Letter) (Bateman, Randall)
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Filing 37
**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Michael Green as to Eric Barnet served on 10/27/2021, answer due 11/17/2021. (Bateman, Randall) Modified on 11/12/2021 per counsel, summons filed incorrectly, should be unexecuted. Stricken, counsel to refile (alf).
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Filing 36
**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Michael Green as to David Meros served on 10/30/2021, answer due 11/22/2021. (Bateman, Randall)
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Filing 35
**RESTRICTED DOCUMENT**Summons Issued Electronically as to Eric Barnet. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (nmt)
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Filing 34
**RESTRICTED DOCUMENT**Summons Issued Electronically as to Martin Gerschwitz. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (nmt)
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Filing 33
Plaintiff's MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff Michael Green. (Attachments: #1 Exhibit 1 - Declaration of Michael Green, #2 Exhibit 2 - Declaration of Timothy Maher, #3 Exhibit 3 - Declaration of Nila Bladen, #4 Text of Proposed Order Proposed Order)(Bateman, Randall)
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Filing 32
DOCKET TEXT ORDER TO EXPEDITE BRIEFING. The court directs Plaintiff to submit a response or notice of non-opposition to Defendant's #29 Motion for Extension of Time to File Answer no later than Friday, November 12, 2021. No attached document. Signed by Magistrate Judge Cecilia M. Romero on 11/5/2021. (jfm)
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Filing 31
NOTICE OF ACKNOWLEDGMENT of Civil Standing Order #19 filed by Defendants Randy Barton, Park City Performances (Harmond, Michael)
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Filing 30
NOTICE OF ACKNOWLEDGMENT of Civil Standing Order #19 filed by Defendants Randy Barton, Park City Performances (Lee, Trevor)
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Filing 29
MOTION for Extension of Time to File Answer re #2 Complaint, and Memorandum in Support filed by Defendants Randy Barton, Park City Performances. (Attachments: #1 Text of Proposed Order Granting Motion for Extension of Time to Respond to Complaint) Motions referred to Cecilia M. Romero.(Lee, Trevor)
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Filing 28
NOTICE of Appearance by Michael Harmond on behalf of Randy Barton, Park City Performances (Harmond, Michael)
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Filing 27
NOTICE of Appearance by Trevor J. Lee on behalf of Randy Barton, Park City Performances (Lee, Trevor)
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Filing 26
**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Michael Green as to Brenard Pershey served on 11/1/2021, answer due 11/22/2021. (Bateman, Randall)
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Filing 25
**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Michael Green as to Randy Barton served on 10/23/2021, answer due 11/15/2021. (Bateman, Randall)
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Filing 24
**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Michael Green as to Park City Performances served on 10/23/2021, answer due 11/15/2021. (Bateman, Randall)
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Filing 23
NOTICE OF ACKNOWLEDGMENT of Civil Standing Order #19 filed by Plaintiff Michael Green (Bateman, Randall)
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Filing 22
ORDER TO PROPOSE SCHEDULE - Plaintiff must propose a schedule to defendant in the form of a draft Attorney Planning Meeting Report within the earlier of fourteen(14) days after any defendant has appeared or twenty-eight (28) days after any defendant has been served with the complaint. See order for additional instructions. Signed by Magistrate Judge Cecilia M. Romero on 11/1/21. (alf)
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Filing 21
ORDER REFERRING CASE to Magistrate Judge Cecilia M. Romero under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Jill N. Parrish on 10/29/21. (ss)
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Filing 20
**RESTRICTED DOCUMENT**Summons Issued Electronically as to Eric Barnet. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (nmt)
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Filing 19
CIVIL STANDING ORDER. Signed by Judge Jill N. Parrish on 10/28/2021. (ss)
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Filing 18
**RESTRICTED DOCUMENT**Summons Reissued Electronically as to Brenard Pershey. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (mh)
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Filing 17
**RESTRICTED DOCUMENT**Summons Reissued Electronically as to Martin Gerschwitz. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (mh)
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Filing 16
**RESTRICTED DOCUMENT**Summons Reissued Electronically as to Utopia Artists. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (mh)
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Filing 15
**RESTRICTED DOCUMENT**Summons Reissued Electronically as to Wendy Kay. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (mh)
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Filing 14
**RESTRICTED DOCUMENT**Summons Reissued Electronically as to Eric Barnet. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (mh)
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Filing 13
**RESTRICTED DOCUMENT**Summons Reissued Electronically as to David Meros. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (mh) Modified on 10/25/2021 to include the re-issuance of the summons (mh).
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Filing 12
**RESTRICTED DOCUMENT**Summons Reissued Electronically as to Wendy Kay. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (mh)
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Filing 11
Report on the Filing of an action sent to the Director of the U.S. Patent and Trademark Office. (nmt)
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Filing 10
**RESTRICTED DOCUMENT**Summons Issued Electronically as to Eric Barnet. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (nmt)
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Filing 9
**RESTRICTED DOCUMENT**Summons Issued Electronically as to Utopia Artists. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (nmt)
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Filing 8
**RESTRICTED DOCUMENT**Summons Issued Electronically as to Wendy Kay. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (nmt)
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Filing 7
**RESTRICTED DOCUMENT**Summons Issued Electronically as to Brenard Pershey. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (nmt)
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Filing 6
**RESTRICTED DOCUMENT**Summons Issued Electronically as to Park City Performances. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (nmt)
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Filing 5
**RESTRICTED DOCUMENT**Summons Issued Electronically as to David Meros. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (nmt)
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Filing 4
**RESTRICTED DOCUMENT**Summons Issued Electronically as to Martin Gerschwitz. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (nmt)
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Filing 3
**RESTRICTED DOCUMENT**Summons Issued Electronically as to Randy Barton. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (nmt)
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Filing 2
COMPLAINT against All Defendants (Filing fee $ 402, receipt number AUTDC-4146526) filed by Michael Green. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit A - Assignment Long, #3 Exhibit B - Assignment Short, #4 Exhibit C - USPTO TESS, #5 Exhibit D - Cease and Desist Letter) Assigned to Judge Jill N. Parrish (Bateman, Randall)
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Filing 1
Case has been indexed and assigned to Judge Jill N. Parrish. Plaintiff Michael Green is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 402.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (nmt)
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