Comfort Systems USA (Ohio), Inc. v. Wilmink et al
| Ohio Southern District Court | |
| Judge: | Michael R Barrett |
| Case #: | 1:22-cv-00298 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Other Contract |
| Case Filed: | May 27, 2022 |
| Terminated: | Oct 03, 2023 |
| Last checked: Wednesday Nov 23, 2022 3:49 AM EST |
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Defendant
Mechanical Optimizers LLC
7010 Ripple Road
Cleves, OH 45002 |
Represented By
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Defendant
Jeffrey K. Wilmink
1185 Grays Peak
Covington, KY 41011 |
Represented By
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Plaintiff
Comfort Systems USA (Ohio), Inc.
7401 First Place
Oakwood Village, OH 44146 |
Represented By
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| TERMINATED PARTIES | |
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Defendant
Chad L. Summe
Terminated: 08/02/2022
230 Walker Lane
Edgewood, KY 41017 |
Represented By
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GPO
Jun 27 2023
ORDER Granting in part Comfort Systems' Motion for Preliminary Injunction 2. The remainder of the Motion for Preliminary Injunction is Denied. The Bond requirement is waived. By virtue of the passage of time, Comfort Systems' Motion for Temporary Restraining Order 2 is Denied as moot and its Motion for Permanent Injunction 2 is Denied on procedural grounds as premature. Signed by Judge Michael R. Barrett on 6/27/2023. (wam) |
| Docket last updated: 33 minutes ago |
| Tuesday, October 03, 2023 | ||
| 33 | 33
1
pgs
order
Order Dismissing Case
Tue 10/03 12:55 PM
ORDER DISMISSING CASE pursuant to a 180-day conditional dismissal. Signed by Judge Michael R. Barrett on 10/3/2023. (kkz) |
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| Tuesday, July 25, 2023 | ||
| 32 | 32
2
pgs
order
Order
Tue 07/25 5:14 PM
Order Setting Settlement Conference: Settlement Conference set for Tuesday, October 3, 2023 at 9:00 A.M.-EST before Magistrate Judge Karen L. Litkovitz via videoconferencing (Zoom for Government) Zoomgov.com - Should the parties desire the Courts consideration of an in-person mediation, counsel shall advise the chambers of the undersigned, in writing, within 14 days prior to the conference, of the total number of participants (counsel and client representatives) they anticipate being present at the mediation. The Court shall then determine if an in-person mediation with social distancing can be accommodated . The parties shall exchange fully documented settlement demands and counter-offers within the time frames set forth in the Order. Ex parte settlement statements are due to the Court no later than September 26, 2023, at Noon. Statements shall be submitted directly to chambers either by email at litkovitz_chambers@ohsd.uscourts.gov or by fax at (513) 564-7691 . Signed by Magistrate Judge Karen L. Litkovitz on 7/25/2023. (art) |
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| Monday, July 24, 2023 | ||
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order
Order Referring Case to Magistrate Judge
Mon 07/24 3:20 PM
NOTATION ORDER referring this matter to Magistrate Judge Karen L. Litkovitz for settlement purposes only. Counsel are directed to contact Judge Litkovitz's chambers at 513-564-7690. Signed by Judge Michael R. Barrett on 7/24/2023. (kkz) |
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| Monday, July 10, 2023 | ||
| 31 | 31
order
Cincinnati Preliminary Pretrial Order
Mon 07/10 12:23 PM
AMENDED CALENDAR ORDER: Discovery due by 11/30/2023; Dispositive motions due by 1/31/2024; a Final Pretrial Conference is set for 7/1/2024 at 10:00 AM in Chambers, Room 239, before Judge Michael R. Barrett. Signed by Judge Michael R. Barrett on 7/10/2023. (kkz) |
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order
Order
Mon 07/10 12:38 PM
NOTATION ORDER: The parties have indicated a willingness to engage in settlement discussions. In order to determine the most effective timing of negotiations, the Court will conduct ex-parte calls with counsel. Signed by Judge Michael R. Barrett on 7/10/2023. (kkz) |
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| Tuesday, June 27, 2023 | ||
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26
pgs
order
Order on Motion for TRO Order on Motion for Preliminary Injunction Order on Motion for Permanent Injunction
Tue 06/27 12:55 PM
ORDER Granting in part Comfort Systems' Motion for Preliminary Injunction2 . The remainder of the Motion for Preliminary Injunction is Denied. The Bond requirement is waived. By virtue of the passage of time, Comfort Systems' Motion or Temporary Restraining Order2 is Denied as moot and their Motion for Permanent Injunction2 is Denied on procedural grounds as premature.. Signed by Judge Michael R. Barrett on 6/27/2023. (wam) |
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order
Order
Tue 06/27 1:48 PM
NOTATION ORDER directing the parties to submit a joint proposed amended calendar to barrett_chambers@ohsd.uscourts.gov on or before 7/7/2023. Signed by Judge Michael R. Barrett on 6/27/2023. (bjc) |
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| Tuesday, June 20, 2023 | ||
| 29 | 29
discov
Notice of Filing Deposition
Tue 06/20 12:38 PM
NOTICE OF FILING DEPOSITION of Michael Tyler Gastright by Plaintiff Comfort Systems USA (Ohio), Inc.. (Welch, Cassandra) |
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Att: 1
Exhibit Deposition Transcript of Michael Gastright
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| Tuesday, September 20, 2022 | ||
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minutes
Status Conference
Tue 09/20 1:41 PM
Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 9/20/2022; Robin Miller and Cassandra Welsh appeared for Plaintiff; Robert Shank and Alessandro Botta Blondet appeared for Defendants case matters discussed; Court to review post hearing briefs and rule on motion as time permits. (kkz) |
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| Tuesday, August 30, 2022 | ||
| 28 | 28
order
Cincinnati Preliminary Pretrial Order
Tue 08/30 1:09 PM
CALENDAR ORDER: Please be aware that a Status Conference set for 9/20/2022 at 10:30 AM by Teleconference before Judge Michael R. Barrett; Motions to Amend due by 10/1/2022; Motions directed to pleadings due by 10/15/2022; Plaintiff Primary Expert due by 1/5/2023; Defendant Primary Expert due by 2/15/2023; Disclosure of Non-Expert (Fact) Witness due by 4/15/2023; Rebuttal Expert due by 3/15/2023. Signed by Judge Michael R. Barrett on 8/30/2022. NOTE: parties shall refer to the entry on 6/8/2022 for conferencing instructions. (kkz) |
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| Monday, August 15, 2022 | ||
| 27 | 27
respm
Response in Opposition to Motion
Mon 08/15 8:17 AM
RESPONSE in Opposition re2 MOTION for Temporary Restraining Order Preliminary Injunction and Permanent Injunction MOTION for Preliminary Injunction MOTION for Permanent Injunction filed by Defendants Mechanical Optimizers LLC, Jeffrey K. Wilmink. (Shank, Robert) |
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| Friday, August 12, 2022 | ||
| 26 | 26
misc
Brief
Fri 08/12 4:07 PM
BRIEF by Plaintiff Comfort Systems USA (Ohio), Inc.. (Miller, Robin) |
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| 25 | 25
notice
Notice of Non-Compliance of Local Rule 5.1(c) (Clerk's Notice)
Fri 08/12 3:36 PM
Clerk's Notice of Non-Compliance Local Rule 5.1 (c): The Clerk's Office has reviewed your filing, docket24 Respondent's BRIEF filed by Mechanical Optimizers LLC, Jeffrey K. Wilmink, and it appears that one or more of the PDFs are not text searchable and therefore is not in compliance with Local Rule 5.1 (c). You shall refile docket24 Brief as a text searchable document within 24-hours. Non-Compliance Deadline due by 8/15/2022. (eh) |
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| 24 | 24
misc
Brief - Respondent
Fri 08/12 11:45 AM
Respondent's BRIEF by Mechanical Optimizers LLC, Jeffrey K. Wilmink In Opposition to Plaintiff's Motion for Preliminary Injunction and Permanent Injunction . (Shank, Robert) |
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| Thursday, August 11, 2022 | ||
| 23 | 23
misc
Rule 26(f) Report
Thu 08/11 2:54 PM
RULE 26(f) REPORT Joint Discovery Plan by Defendants Mechanical Optimizers LLC, Jeffrey K. Wilmink. (Shank, Robert) |
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| Thursday, August 04, 2022 | ||
| 22 | 22
misc
Transcript
Thu 08/04 10:53 PM
Transcript of Proceedings, Hearing on Motion for Preliminary Injunction held on July 25, 2022, before Judge Michael R. Barrett. Court Reporter: Maryann Maffia, Telephone number 513-564-7677. 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. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office.. Redaction Request due 8/25/2022. Redacted Transcript Deadline set for 9/6/2022. Release of Transcript Restriction set for 11/2/2022. (Maffia, Maryann) |
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| Monday, August 01, 2022 | ||
| 21 | 21
notice
Notice of Voluntary Dismissal
Mon 08/01 5:01 PM
NOTICE of Voluntary Dismissal by Plaintiff Comfort Systems USA (Ohio), Inc. (Miller, Robin) |
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| Thursday, July 28, 2022 | ||
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order
Order ~Util - Set Deadlines
Thu 07/28 1:42 PM
NOTATION ORDER: By agreement of the parties, simultaneous post-hearing briefs are due 8/12/2022. Signed by Judge Michael R. Barrett on 7/28/2022. (kkz) |
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| Monday, July 25, 2022 | ||
| 20 | 20
minutes
Motion Hearing
Mon 07/25 4:49 PM
Minute Entry for proceedings held before Judge Michael R. Barrett: Motion Hearing held on 7/25/2022 re2 Plaintiff's MOTION for Preliminary Injunction; counsel present; testimony heard and exhibits admitted; parties to confer regarding briefing schedule; Order to follow. (Court Reporter: Maryann Maffia) (kkz) |
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| Wednesday, July 20, 2022 | ||
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minutes
Status Conference
Wed 07/20 11:34 AM
Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 7/20/2022; Robin Miller and Cassandra Welsh appeared for plaintiff; Robert Shank and Alessandro Botta Blondet appeared for defendants; preliminary injunction hearing format discussed; hearing to commence on 7/25/2022 at 10:00 AM in Courtroom 109. (kkz) |
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| Monday, July 11, 2022 | ||
| 19 | 19
notice
Notice (Other)
Mon 07/11 11:03 AM
NOTICE by Plaintiff Comfort Systems USA (Ohio), Inc. of Deposition of Jeffrey Wilmink (Miller, Robin) |
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notice
Notice of Deadline
Mon 07/11 2:25 PM
NOTICE of Deadline: Rule 26(f) Report due by 8/11/2022. Please visit www.ohsd.uscourts.gov/FPbarrett to obtain copies of the Courts required Rule 26(f) report and joint final pretrial order forms as well as its trial procedures. (kkz) |
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| Friday, July 08, 2022 | ||
| 18 | 18
motion
Dismiss for Failure to State a Claim
Fri 07/08 1:59 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Chad L. Summe. (Shank, Robert) |
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| 17 | 17
answer
Answer to Complaint
Fri 07/08 1:58 PM
ANSWER to1 Complaint, filed by Mechanical Optimizers LLC, Jeffrey K. Wilmink. (Shank, Robert) |
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| 16 | 16
misc
Amended Document (NOT Motion)
Fri 07/08 11:44 AM
AMENDED DOCUMENT by Plaintiff Comfort Systems USA (Ohio), Inc.. Notice of Filing Proof of Service of Subpoena on David Deidesheimer . (Miller, Robin) |
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Att: 1
Exhibit Exhibit A Subpoena and Proof of Service
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| 15 | 15
notice
Notice of Non-Compliance of Local Rule 5.1(c) (Clerk's Notice)
Fri 07/08 11:23 AM
Clerk's Notice of Non-Compliance Local Rule 5.1 (c): The Clerk's Office has reviewed your filing, docket [14-1] Exhibit A to Notice, and it appears that one or more of the PDFs are not text searchable and therefore is not in compliance with Local Rule 5.1 (c). You shall refile docket [14-1] Exhibit A to Notice as a text searchable document(s), linking the document back to the original entry within 24-hours. Non-Compliance Deadline due by 7/11/2022. (kh) |
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| 14 | 14
notice
Notice (Other)
Fri 07/08 9:44 AM
NOTICE by Plaintiff Comfort Systems USA (Ohio), Inc. of Filing Proof of Service of Subpoena on David Deidesheimer (Miller, Robin) |
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Att: 1
Exhibit Exhibit A Subpoena Proof of Service
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| Wednesday, July 06, 2022 | ||
| 13 | 13
notice
Notice (Other)
Wed 07/06 2:01 PM
NOTICE by Plaintiff Comfort Systems USA (Ohio), Inc. of Intent to Serve Supboena on Dave Deidesheimer (Miller, Robin) |
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| Friday, June 24, 2022 | ||
| 12 | 12
order
Protective Order
Fri 06/24 1:25 PM
STIPULATED PROTECTIVE ORDER. Signed by Judge Michael R. Barrett on 6/24/2022. (kkz) |
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| Wednesday, June 22, 2022 | ||
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utility
Set/Reset Deadlines
Wed 06/22 9:12 AM
Reset Deadlines re doc11 : Mechanical Optimizers LLC answer due 7/8/2022; Chad L. Summe answer due 7/8/2022; Jeffrey K. Wilmink answer due 7/8/2022. (kh) |
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| Tuesday, June 21, 2022 | ||
| 11 | 11
misc
Stipulation
Tue 06/21 3:41 PM
STIPULATION Granting Extension of Time for Defendants to Respond to Plaintiff's Verified Complaint by Defendants Mechanical Optimizers LLC, Chad L. Summe, Jeffrey K. Wilmink. (Shank, Robert) |
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| Wednesday, June 08, 2022 | ||
| 10 | 10
2
pgs
order
Order ~Util - Set Deadlines
Wed 06/08 11:06 AM
AGREED EXPEDITED DISCOVERY ORDER FOR PRELIMINARY INJUNCTION - Please be aware that a Preliminary Injunction Hearing has been reset for 7/25/2022 at 10:00 AM in Courtroom 109 - Cincinnati before Judge Michael R. Barrett; Written Discovery due by 6/10/2022; Responses due 6/24/2022; List of individuals to be deposed due 6/28/2022; Depositions to be completed by 7/10/2022. Signed by Judge Michael R. Barrett on 6/8/2022. (kkz) |
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| Tuesday, June 07, 2022 | ||
| 9 | 9
respm
Reply to Response to Motion
Tue 06/07 2:42 PM
REPLY to Response to Motion re2 MOTION for Temporary Restraining Order Preliminary Injunction and Permanent Injunction MOTION for Preliminary Injunction MOTION for Permanent Injunction filed by Plaintiff Comfort Systems USA (Ohio), Inc.. (Miller, Robin) |
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| 8 | 8
notice
Notice of Appearance
Tue 06/07 10:23 AM
NOTICE of Appearance by Alessandro Botta Blondet for Defendants Mechanical Optimizers LLC, Chad L. Summe, Jeffrey K. Wilmink (Botta Blondet, Alessandro) |
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| 7 | 7
misc
Corporate Disclosure Statement
Tue 06/07 10:21 AM
Corporate Disclosure Statement by Defendant Mechanical Optimizers LLC. (Shank, Robert) |
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| Thursday, June 02, 2022 | ||
| 6 | 6
respm
Response in Opposition to Motion
Thu 06/02 11:02 AM
RESPONSE in Opposition re2 MOTION for Temporary Restraining Order Preliminary Injunction and Permanent Injunction MOTION for Preliminary Injunction MOTION for Permanent Injunction filed by Defendants Mechanical Optimizers LLC, Chad L. Summe, Jeffrey K. Wilmink. (Shank, Robert) |
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2
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minutes
Status Conference ~Util - Set Hearings
Thu 06/02 1:49 PM
Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 6/2/2022; Robin Miller and Cassandra Welch appeared for plaintiff; Robert Shank and Alessandro Botta-Blondet appeared for defendants; case matters discussed; parties to confer and submit a calendar to the Court; a Preliminary Injunction Hearing is set for 7/11/2022 at 10:00 AM in Courtroom 109 - Cincinnati before Judge Michael R. Barrett. (kkz) |
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| Friday, May 27, 2022 | ||
| 5 | 5
service
Summons Issued
Fri 05/27 2:45 PM
Summons Issued as to Mechanical Optimizers LLC, Chad L. Summe, Jeffrey K. Wilmink. (kh) |
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| 4 | 4
notice
Notice of Appearance
Fri 05/27 9:41 AM
NOTICE of Appearance by Cassandra L. Welch for Plaintiff Comfort Systems USA (Ohio), Inc. (Welch, Cassandra) |
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| 3 | 3
misc
Corporate Disclosure Statement
Fri 05/27 9:38 AM
Corporate Disclosure Statement by Plaintiffs Comfort Systems USA (Ohio), Inc., Comfort Systems USA, Inc. identifying Corporate Parent Comfort Systems USA, Inc. for Comfort Systems USA (Ohio), Inc... (Miller, Robin) |
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| 2 | 2
motion
Temporary Restraining Order Preliminary Injunction Permanent Injunction
Fri 05/27 9:32 AM
MOTION for Temporary Restraining Order Preliminary Injunction and Permanent Injunction by Plaintiff Comfort Systems USA (Ohio), Inc.. (Miller, Robin). Added MOTION for Preliminary Injunction, MOTION for Permanent Injunction on 5/27/2022 (kh) |
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Att: 1
Exhibit Exhibit A,
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Att: 2
Exhibit Exhibit B
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| 1 | 1
21
pgs
cmp
Complaint
Fri 05/27 9:21 AM
COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 402 paid - receipt number: AOHSDC-8884460), filed by Comfort Systems USA (Ohio), Inc.. (Miller, Robin) |
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Att: 1
Exhibit Exhibit A,
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Att: 2
Civil Cover Sheet Civil Cover Sheet,
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Att: 3
Supplemental Civil Cover Sheet Attachment to Civil Cover Sheet,
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Att: 4
Summons Form Wilmink Summons,
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Att: 5
Summons Form Summe Summons,
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Att: 6
Summons Form Mechanical Optimizers Summons
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misc
Docket Annotation
Fri 05/27 2:07 PM
If this case is referred, it will be to Magistrate Judge Stephanie K. Bowman. (kh) |
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