Boswell v. Boresha International, Inc., et. al.
| California Northern District Court | |
| Judge: | Maria-Elena James |
| Case #: | 3:14-cv-04025 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Contract Dispute |
| Case Filed: | Sep 05, 2014 |
| Terminated: | Nov 10, 2014 |
| Last checked: Friday May 08, 2015 10:11 AM PDT |
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Defendant
Boresha International, Inc.
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Represented By
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Defendant
Cornerstone Marketing, LLC
an Indiana limited liability company c/o Joseph Juliano 11437 N. Sarah Lane
Mooresville, IN 46158 |
Represented By
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Plaintiff
Joseph W. Boswell, III
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Represented By
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GPO
Nov 10 2014
ORDER DISMISSING CASE PURSUANT TO STIPULATION, ***Civil Case Terminated. Signed by Judge Maria-Elena James on 11/10/2014. (cdnS, COURT STAFF) (Filed on 11/10/2014) |
| Docket last updated: 10/30/2024 11:59 PM PDT |
| Monday, November 10, 2014 | ||
| 40 | 40
ORDER DISMISSING CASE PURSUANT TO STIPULATION, ***Civil Case Terminated. Signed by Judge Maria-Elena James on 11/10/2014. (cdnS, COURT STAFF) (Filed on 11/10/2014)
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STIPULATION WITH PROPOSED ORDER Agreed Order of Dismissal filed by Boresha International, Inc.. (Wood, Steven) (Filed on 11/10/2014)
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| Friday, September 05, 2014 | ||
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Case transferred in from District of West Virginia Southern; Case Number 5:14-cv-15498. Original file certified copy of transfer order and docket sheet received.
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| Thursday, September 04, 2014 | ||
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Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/27/2014. Case Management Conference set for 12/4/2014 10:00 AM.(hdjS, COURT STAFF) (Filed on 9/4/2014)
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Att: 1
Standing Order,
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Att: 2
Standing Order,
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Att: 3
Standing Order
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TRANSMITTED CERTIFIED COPY of35 MEMORANDUM OPINION AND ORDER to attorneys, any unrepresented party, and Clerk, U. S. District Court, ND/CA. (slr)
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MEMORANDUM OPINION AND ORDER: The Court ORDERS that the Defendant Boresha International, Inc.'s10 MOTION to Dismiss or Alternatively Transfer Venue be GRANTED in part and DENIED in part; the Court ORDERS that the Defendants' motion be DENIED as it relates to dismissal and GRANTED as it relates to transfer of venue; the Court ORDERS that the Clerk of the Court TRANSFER this matter to the United States District Court for the Northern District of California. Signed by Judge Irene C. Berger on 9/4/2014. (cc: attys; any unrepresented party; Clerk, U. S. District Court, ND/CA) (slr)
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| Wednesday, September 03, 2014 | ||
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REPLY by Boresha International, Inc., Cornerstone Marketing, LLC to30 Response in Opposition and RESPONSE by Boresha International, Inc., Cornerstone Marketing, LLC in opposition to30 MOTION by Joseph W. Boswell, III to Permit Depositions of Joseph J. Juliano and George Najjar (Justice, Ashley) (Modified on 9/3/2014 to remove link to #31 memorandum)(skh).
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| Tuesday, September 02, 2014 | ||
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CERTIFICATE OF SERVICE by Boresha International, Inc. for Rule 26(a)(1) Initial Disclosures. (Justice, Ashley)
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MOTION by Joseph W. Boswell, III to Extend Time for Initial Disclosures Under F.R.Civ.P. Rule 26(a)(1) (Bruce, Barry)
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| Thursday, August 28, 2014 | ||
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MEMORANDUM by Joseph W. Boswell, III in support of30 MOTION by Joseph W. Boswell, III to Permit Depositions of Joseph J. Juliano and George Najjar (Bruce, Barry) (Modified on 8/31/2014 to convert event to memorandum in support and to correct link to #30 motion) (skh).
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RESPONSE by Joseph W. Boswell, III in opposition to27 JOINT MOTION by Boresha International, Inc., Cornerstone Marketing, LLC for Protective Order to Stay Discovery and MOTION by Joseph W. Boswell, III to Permit Depositions of Joseph J. Juliano and George Najjar (Bruce, Barry) (Modified on 8/31/2014 to convert event to motion to permit depositions) (skh).
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ORDER: The Court ORDERS that the Clerk void its24 Order striking the Plaintiff's19 Response to Defendant Boresha's Objection to and Motion to Dismiss or Alternatively Transfer Venue; the Court ORDERS that Defendant Boresha International, Inc.'s18 Motion to Strike Plaintiff's Improper Surreply to this Defendant's Motion to Dismiss be GRANTED and that Plaintiff's, Joseph W. Boswell, III's Response to Defendant's, Cornerstone Marketing, LLC's17 Motion to Dismiss or Alternatively to Transfer Venue by Incorporating by Reference All Arguments Submitted by Defendant Boresha International, Inc.be STRICKEN FROM THE RECORD for the reasons previously stated. Signed by Judge Irene C. Berger on 8/28/2014. (cc: attys; any unrepresented party) (slr)
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| MOTION REFERRED to Magistrate Judge R. Clarke VanDervort:30 MOTION by Joseph W. Boswell, III to Permit Depositions of Joseph J. Juliano and George Najjar (skh) | ||
| Wednesday, August 20, 2014 | ||
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MEMORANDUM by Boresha International, Inc., Cornerstone Marketing, LLC in support of27 JOINT MOTION by Boresha International, Inc., Cornerstone Marketing, LLC for Protective Order to Stay Discovery (Justice, Ashley)
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JOINT MOTION by Boresha International, Inc., Cornerstone Marketing, LLC for Protective Order to Stay Discovery (Attachment: #1 Exhibit 1 - Certification of Movant, Boresha International, Inc.)(Justice, Ashley)
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| Tuesday, August 12, 2014 | ||
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NOTICE OF APPEARANCE by James R. Sheatsley on behalf of Cornerstone Marketing, LLC. (Sheatsley, James)
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| Wednesday, July 30, 2014 | ||
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ORDER: The Court ORDERS that Defendant Cornerstone Marketing, LLC has 30 days from the entry of this order to retain duly licensed counsel to represent it in this matter. Signed by Judge Irene C. Berger on 7/30/2014. (cc: attys; any unrepresented party) (slr)
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***VOID - PER29 ORDER ENTERED 8/28/2014***ORDER: That Defendant Boresha International, Inc.'s18 Memorandum of Law in Support of Defendant Boresha International, Inc.'s Objection to and MOTION to Strike Plaintiff's Improper Surreply to this Defendant's Motion to Dismiss or in the Alternative, Motion for Leave to Respond to Plaintiff's Surreply be GRANTED, and further ORDERS that Plaintiff's19 Response to Defendant Boresha's Objection to and Motion to Strike Plaintiff's Response to Defendant Cornerstone's Adoption of Defendant Boresha's Motion to Dismiss or Alternatively Transfer Venue be STRICKEN FROM THE RECORD. Signed by Judge Irene C. Berger on 07/30/2014. (cc: attys; any unrepresented party) (msa) Modified on 8/28/2014 (cds). (Main Document 24 replaced on 8/28/2014) (cds).
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REPLY by Boresha International, Inc. to19 Response In Opposition. (Justice, Ashley)
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| Monday, July 28, 2014 | ||
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SCHEDULING ORDER: The Court ORDERS that the Scheduling Conference scheduled for 8/13/2014 is CANCELLED; it is ORDERED that this case shall proceed as follows: Joinder of Parties, amended pleadings due by 9/15/2014. Discovery requests to be completed by 3/13/2015 and all depositions by 4/28/2015. Expert Witness List by parties bearing the burden of proof due by 2/27/2015, by party not bearing burden of proof due by 3/30/2015, and to solely contradict or rebut evidence due by 4/17/2015. Dispositive Motions except those filed under Rule 12(b) due by 5/18/2015. Motions in Limine to be filed by 7/6/2015, with responses due by 7/13/2015. Plaintiff's portion of proposed Pretrial Order to defendants due by 7/28/2015. Proposed Integrated Pretrial Order due by 8/4/2015. Pretrial Conference set for 8/12/2015 at 2:30 PM in Beckley before Judge Irene C. Berger. Proposed Charges to the Jury due 8/17/2015. Final Settlement Conference at 2:30 PM on 8/19/2015 in Beckley. Jury Trial set for 8/24/2015 at 9:00 AM in Beckley before Judge Irene C. Berger. Signed by Judge Irene C. Berger on 7/28/2014. (cc:attys; any unrepresented party) (slr)
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| Friday, July 25, 2014 | ||
| 21 | 21 INCORRECT ENTRY; SEE ENTRY #20. (Modified on 7/25/2014 to remove image as a duplicate of the image attached to entry #20)(skh). | |
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RULE 26(f) REPORT OF PLANNING MEETING by Boresha International, Inc., Joseph W. Boswell, III, Cornerstone Marketing, LLC. (Justice, Ashley) (Modified on 7/25/2014 to add party filers)(skh).
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| NOTICE OF DOCKET CORRECTION re: #21 Rule 26(f) Report of Planning Meeting. ERROR: Image is a duplicate of the image attached to entry #20. CORRECTION: Duplicate image removed. (skh) | ||
| Thursday, July 24, 2014 | ||
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RESPONSE by Joseph W. Boswell, III in opposition to18 MEMORANDUM OF LAW IN SUPPORT OF OBJECTION TO and MOTION by Boresha International, Inc. to Strike Plaintiff's Improper Surreply to this Defendant's Motion to Dismiss or in the Alternative Motion for Leave to Respond to Plaintiff's Surreply re:17 Response In Opposition (Attachment: #1 Affidavit)(Bruce, Barry) Modified on 7/31/2014 to strike document (cds). Modified on 8/28/2014 to VOID strike from the record (cds). (Main Document 19 replaced on 8/28/2014) (cds). (Attachment 1 replaced on 8/28/2014) (cds).
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| Friday, July 11, 2014 | ||
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MEMORANDUM OF LAW IN SUPPORT OF OBJECTION TO and MOTION by Boresha International, Inc. to Strike Plaintiff's Improper Surreply to this Defendant's Motion to Dismiss or in the Alternative Motion for Leave to Respond to Plaintiff's Surreply re:17 Response In Opposition (Justice, Ashley)
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| Monday, June 30, 2014 | ||
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RESPONSE by Joseph W. Boswell, III in opposition to14 MOTION by Cornerstone Marketing, LLC for Joinder in10 MOTION by Boresha International, Inc. to Dismiss1 Complaint or Alternatively Transfer Venue from the Southern District of West Virginia to the Northern District of California(Bruce, Barry)Modified on 8/28/2014 to strike document (cds).
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Att: 1
Table of Contents,
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Att: 2
Table of Authorities,
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Att: 3
Exhibit List,
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Att: 4
Exhibit A,
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Att: 5
Exhibit B,
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Att: 6
Exhibit C,
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Att: 7
Exhibit D,
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Att: 8
Exhibit E,
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Att: 9
Exhibit F,
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Att: 10
Exhibit G
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| Tuesday, June 17, 2014 | ||
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REPLY by Boresha International, Inc. to13 Memorandum of Law in Response and Opposition.(Justice, Ashley)
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Att: 1
Master Index of Exhibits,
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Att: 2
Exhibit M,
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Att: 3
Exhibit N,
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Att: 4
Exhibit O,
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Att: 5
Exhibit P,
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Att: 6
Exhibit Q,
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Att: 7
Exhibit R,
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Att: 8
Exhibit S,
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Att: 9
Exhibit T
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| Monday, June 16, 2014 | ||
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AMENDED ANSWER by Cornerstone Marketing, LLC, Affirmative Defenses and Jury Demand. (cds)
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JOINDER IN MOTION by Cornerstone Marketing, LLC in10 MOTION by Boresha International, Inc. to Dismiss or Alternatively Transfer Venue. (cds) Modified text on 6/17/2014 (cds).
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| Tuesday, June 10, 2014 | ||
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MEMORANDUM OF LAW IN RESPONSE AND OPPOSITION by Joseph W. Boswell, III to10 MOTION by Boresha International, Inc. to Dismiss1 Complaint or Alternatively Transfer Venue from the Southern District of West Virginia to the Northern District of California.(Bruce, Barry) (Modified on 6/12/2014 to conform to filed document and remove link to #11 Memorandum) (cbo).
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Att: 1
Affidavit Exhibit A,
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Att: 2
Appendix Affidavit Exhibit List,
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Att: 3
Exhibit(s) Exhibit A-I to Affidavit,
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Att: 4
Exhibit(s) Exhibit A-II to Affidavit,
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Att: 5
Exhibit(s) Exhibit A-III to Affidavit,
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Att: 6
Exhibit(s) Exhibit A- IV to Affidavit,
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Att: 7
Exhibit(s) Exhibit A-V to Affidavit,
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Att: 8
Exhibit(s) Exhibit A-VI to Affidavit,
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Att: 9
Exhibit(s) Exhibit A-VII to Affidavit,
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Att: 10
Exhibit(s) Exhibit A-VIII to Affidavit,
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Att: 11
Exhibit(s) Exhibit A-IX to Affidavit
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| Wednesday, May 28, 2014 | ||
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ORDER AND NOTICE: Rule 12(b) Motions 6/27/2014. Rule 26(f) Meeting 7/23/2014. Last day to file report of Rule 26(f) Meeting 7/30/2014. Scheduling Conference at 11:00 AM on 8/13/2014 in Beckley. Entry of Scheduling Order 8/25/2014. Last Day to make Rule 26(a)(1) disclosures 9/2/2014. Signed by Judge Irene C. Berger on 5/28/2014. (cc:attys; any unrepresented party) (cds)
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| Tuesday, May 27, 2014 | ||
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MEMORANDUM by Boresha International, Inc. in support of10 MOTION by Boresha International, Inc. to Dismiss1 Complaint or Alternatively Transfer Venue from the Southern District of West Virginia to the Northern District of California (Justice, Ashley)
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MOTION by Boresha International, Inc. to Dismiss1 Complaint or Alternatively Transfer Venue from the Southern District of West Virginia to the Northern District of California(Justice, Ashley). (Modified on 5/28/2014 to add link to #1 complaint and motion to change venue) (skh).
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D,
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Att: 5
Exhibit E,
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Att: 6
Exhibit F,
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Att: 7
Exhibit G,
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Att: 8
Exhibit H,
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Att: 9
Exhibit I,
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Att: 10
Exhibit J,
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Att: 11
Exhibit K,
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Att: 12
Exhibit L
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ANSWER TO1 Complaint, Affirmative Defenses and Jury Demand by Cornerstone Marketing, LLC. (slr)
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| Wednesday, May 21, 2014 | ||
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PRO HAC VICE FEE in the sum of $50.00 received from Steven N. Wood. Receipt Number 5BECK002296. (cc: Administrative Services) (msa)
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STATEMENT OF VISITING ATTORNEY from Steven N.H. Wood on behalf of Boresha International, Inc.. Local counsel: Chip E. Williams, Ashley L. Justice. (msa)
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| Tuesday, May 13, 2014 | ||
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SUMMONS RETURNED EXECUTED BY SECRETARY OF STATE re:2 Electronic Summons Issued on1 Complaint. Accepted by Secretary of State on 5/8/2014. (slr)
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| Friday, May 09, 2014 | ||
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SUMMONS RETURNED EXECUTED BY SECRETARY OF STATE re:1 Complaint. Accepted by Secretary of State on 5/5/2014 as to Cornerstone Marketing, LLC ; answer due 5/27/2014. (msa)
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SUMMONS RETURNED EXECUTED BY SECRETARY OF STATE re:1 Complaint. Accepted by Secretary of State on 5/5/2014 as to Boresha International, Inc. ; answer due 5/27/2014. (msa)
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| Wednesday, April 30, 2014 | ||
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STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED FEBRUARY 7, 2014. Discovery referred to Magistrate Judge VanDervort. (cc:attys; any unrepresented party) (slr)
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ELECTRONIC SUMMONS ISSUED as to Boresha International, Inc. and Cornerstone Marketing, LLC, re:1 Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (Attachment: #1 Summons for Cornerstone Marketing) (slr)
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| Tuesday, April 29, 2014 | ||
| 1 | 1
COMPLAINT. Filing Fee $400.00. Receipt # 0425-3180674. (slr)
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Att: 1
Appendix,
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Att: 2
Exhibit A,
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Att: 3
Exhibit B,
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Att: 4
Exhibit C,
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Att: 5
Exhibit D,
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Att: 6
Civil Cover Sheet
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| CASE assigned to Judge Irene C. Berger. (ras) | ||