Phoenix USA RV, Inc. v. Hoosier Custom Cruisers LLC et al
| Indiana Northern District Court | |
| Judge: | Cristal C Brisco |
| Referred: | Scott J Frankel |
| Case #: | 3:22-cv-00855 |
| Nature of Suit | 840 Property Rights - Trademark |
| Cause | 28:1441 Petn for Removal: Trademark Infringement-Lanham Act |
| Case Filed: | Oct 07, 2022 |
| Terminated: | Oct 17, 2024 |
| Last checked: Wednesday Apr 05, 2023 5:59 AM EDT |
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Defendant
Bobby B Butler, Jr
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Represented By
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Defendant
James G Fisher
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Represented By
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Defendant
Hoosier Custom Cruisers LLC
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Represented By
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Defendant
Edward E Labeau
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Represented By
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Defendant
Patricia A Moles
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Represented By
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Defendant
James W Newell
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Represented By
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Defendant
Earl Robbins
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Represented By
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Defendant
Carol C Sims
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Represented By
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Defendant
Matthew R Sims
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Represented By
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Defendant
Michael E Straws
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Represented By
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Mediator
Michael Scopelitis
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Plaintiff
Phoenix USA RV, Inc.
fka Phoenix USA, Inc. c/o Charles H. Cooper, S/A 17555 Juday Lake Dr. N
South Bend, IN 46635 |
Represented By
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| Docket last updated: 09/01/2025 11:59 PM EDT |
| Thursday, October 17, 2024 | ||
| 33 | 33
1
pgs
order
Order Dismissing Case ~Util - Terminate Motions
Thu 10/17 12:56 PM
ORDER DISMISSING CASE: Pursuant to the Stipulation to Dismiss DE32 and Federal Rule of Civil Procedure 41(a)(1)(A)(ii), this case is DISMISSED with prejudice, each party bearing its own costs. The Clerk is DIRECTED to close this case. Signed by Judge Cristal C Brisco on 10/17/2024. (eeb) |
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| Wednesday, October 16, 2024 | ||
| 32 | 32
motion
Stipulation to Dismiss
Wed 10/16 4:31 PM
STIPULATION to Dismiss with Prejudice by Plaintiff Phoenix USA RV, Inc.. (Judge, Stephen) |
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| Thursday, August 29, 2024 | ||
| 31 | 31
order
Order ~Util - Set Deadlines
Thu 08/29 1:02 PM
ORDER: Pursuant to the30 Report of Mediation filed by Michael Scopelitis, the parties are ordered to submit the dismissal papers by 10/29/2024. Text-only order by Judge Cristal C Brisco on 8/29/2024. (eeb) |
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| Friday, August 23, 2024 | ||
| 30 | 30
2
pgs
adr
Report of Mediation
Fri 08/23 7:13 PM
REPORT of Mediation by Michael Scopelitis.(Scopelitis, Michael) |
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| Tuesday, August 13, 2024 | ||
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utility
Add and Terminate Judges
Tue 08/13 5:56 PM
Pursuant to General Order 2024-22 and the retirement of Magistrate Judge Michael G Gotsch, Sr., this case is now reassigned to Magistrate Judge Scott J Frankel. (ksc) |
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| Monday, May 20, 2024 | ||
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2
pgs
order
Order on Motion for Miscellaneous Relief
Mon 05/20 3:32 PM
ORDER granting28 Motion Unopposed Motion to Extend Defendants Expert Disclosure and Report Deadline. The Court's Case Management Order, as amended15 ,22 ,24 ,27 shall be, and hereby is, amended and modified to extend and re-set the deadline for the Defendants to disclose the identity of Rule 26(a)(2) witnesses and the witnesses' written report (if applicable) through and including 06/03/2024. Signed by Magistrate Judge Michael G Gotsch, Sr on 05/20/2024. (jdb) |
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| Friday, May 17, 2024 | ||
| 28 | 28
motion
Miscellaneous Relief
Fri 05/17 5:57 PM
MOTION to Extend Defendants' Expert Disclosure and Report Deadline by Defendants Bobby B Butler, Jr, James G Fisher, Hoosier Custom Cruisers LLC, Edward E Labeau, Patricia A Moles, James W Newell, Earl Robbins, Carol C Sims, Matthew R Sims, Michael E Straws. (Slabaugh, Jonathan) |
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| Thursday, April 25, 2024 | ||
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2
pgs
order
Order on Motion for Miscellaneous Relief
Mon 04/29 1:21 PM
ORDER: The Court GRANTS the parties Joint Motion26 . The deadlines in this matter are EXTENDED as follows: The deadline for Defendants to disclose the identity of any Rule 26(a)(2) witness and the witnesss written report (if applicable) is 5/20/2024; The deadline for the parties to file any discovery- related nondispositive motions is 8/29/2024; The deadline for completion of all discovery is 9/30/2024; The deadline to file dispositive motions is 11/27/2024. Signed by Magistrate Judge Michael G Gotsch, Sr on 4/25/2024. (sej) |
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| Friday, April 19, 2024 | ||
| 26 | 26
motion
Miscellaneous Relief
Fri 04/19 12:55 PM
Joint MOTION to Extend Case Management Deadlines by Defendants Bobby B Butler, Jr, James G Fisher, Hoosier Custom Cruisers LLC, Edward E Labeau, Patricia A Moles, James W Newell, Earl Robbins, Carol C Sims, Matthew R Sims, Michael E Straws. (Slabaugh, Jonathan) |
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| Monday, March 25, 2024 | ||
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4
pgs
order
Order Reassigning Case
Mon 03/25 5:13 PM
ORDER REASSIGNING CASE. Case reassigned to Judge Cristal C Brisco for all further proceedings. Judge Damon R Leichty no longer assigned to case. Signed by Chief Judge Holly A Brady on 3/25/24. (ksc) |
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| Tuesday, January 02, 2024 | ||
| 24 | 24
2
pgs
order
Order on Motion for Extension of Time to Complete Discovery
Tue 01/02 4:16 PM
ORDER GRANTING23 Motion for Extension of Time to Complete Discovery. The Court's Rule 16(b) Scheduling Order (15 as amended by22 ) is AMENDED as follows: Plaintiff(s) Expert Disclosure & Report Deadline: 03/21/2024; Defendant(s) Expert Disclosure & Report Deadline: 04/22/2024; Nondispositive Motion Deadline: 05/30/2024; Discovery Deadline: 07/01/2024; Motions Deadline (Dispositive): 09/05/2024; Mediation Deadline: 07/31/2024. Signed by Magistrate Judge Michael G Gotsch, Sr on 01/02/2024. (jdb) |
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| Friday, December 22, 2023 | ||
| 23 | 23
motion
Extension of Time to Complete Discovery
Fri 12/22 4:14 PM
Joint MOTION for Extension of Time to Complete Discovery and Amend Scheduling Order by Plaintiff Phoenix USA RV, Inc.. (Judge, Stephen) |
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| Wednesday, October 25, 2023 | ||
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2
pgs
order
Order on Motion for Miscellaneous Relief
Thu 10/26 11:35 AM
ORDER: The parties' motion is GRANTED21 . The Court's Rule 16(b) Scheduling Order15 is AMENDED as follows. Plaintiff(s) Expert Disclosure & Report Deadline is 12/22/2023. Defendant(s) Expert Disclosure & Report Deadline is 1/22/2024. Nondispositive Motion Deadline is 3/1/2024. Discovery Deadline is 4/1/2024. Motions Deadline (Dispositive) is 6/7/2024. Mediation Deadline is 5/1/2024. Signed by Magistrate Judge Michael G Gotsch, Sr on 10/25/23. (nhc) |
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| Monday, October 23, 2023 | ||
| 21 | 21
motion
Miscellaneous Relief
Mon 10/23 3:16 PM
Joint MOTION to Extend Deadlines by Plaintiff Phoenix USA RV, Inc.. (Judge, Stephen) |
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| Friday, October 20, 2023 | ||
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21
pgs
order
Order on Motion for Protective Order
Mon 10/23 11:50 AM
STIPULATED PROTECTIVE ORDER: GRANTING19 Motion for Protective Order. Signed by Magistrate Judge Michael G Gotsch, Sr on 10/20/23. (jld) |
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| Monday, October 16, 2023 | ||
| 19 | 19
motion
Protective Order
Mon 10/16 10:42 AM
Joint MOTION for Protective Order by Defendants Bobby B Butler, Jr, James G Fisher, Hoosier Custom Cruisers LLC, Edward E Labeau, Patricia A Moles, James W Newell, Earl Robbins, Carol C Sims, Matthew R Sims, Michael E Straws.(Slabaugh, Jonathan) |
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Att: 1
Proposed Stipulated Protective Order
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| Thursday, October 05, 2023 | ||
| 18 | 18
4
pgs
order
Order on Motion for Protective Order
Thu 10/05 3:15 PM
ORDER DENYING WITHOUT PREJUDICE17 Joint Motion for Entry of Stipulated Protective Order by Defendants Bobby B Butler, Jr, James G Fisher, Hoosier Custom Cruisers LLC, Edward E Labeau, Patricia A Moles, James W Newell, Earl Robbins, Carol C Sims, Matthew R Sims, Michael E Straws. The parties may resubmit a motion for protective order with a proposed protective order drafted in compliance with the standards set forth in this order and the citations herein. Signed by Magistrate Judge Michael G Gotsch, Sr on 10/5/2023. (mrm) |
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| Wednesday, October 04, 2023 | ||
| 17 | 17
motion
Protective Order
Wed 10/04 1:06 PM
Joint MOTION for Protective Order by Defendants Bobby B Butler, Jr, James G Fisher, Hoosier Custom Cruisers LLC, Edward E Labeau, Patricia A Moles, James W Newell, Earl Robbins, Carol C Sims, Matthew R Sims, Michael E Straws.(Slabaugh, Jonathan) |
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Att: 1
Proposed Stipulated Protective Order
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| Tuesday, January 31, 2023 | ||
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2
pgs
order
Order ~Util - Set Deadlines
Tue 01/31 2:18 PM
ORDER CLARIFYING SCHEDULING ORDER: The Court now REVISES Section 4 of its Rule 16(b) Scheduling Order15 with respect to the non-dispositive motion deadline. the deadline to file any discovery-related nondispositive motion is 12/29/2023. The remainder of the Courts original Rule 16(b) Scheduling Order15 REMAINS in full force and effect. Signed by Magistrate Judge Michael G Gotsch, Sr on 1/31/2023. (shk) |
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| Tuesday, December 06, 2022 | ||
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order
Scheduling Order 1 - Terminate Deadlines and Hearings
Tue 12/06 1:34 PM
SCHEDULING ORDER: The Court ADOPTS by reference the parties joint proposed report presenting an agreed discovery plan. The Court now enters the instant Rule 16(b) Scheduling Order as follows: The parties will exchange the information required by Fed. R. Civ. P. 26(a)(1) by 1/9/2023. The last date to amend the pleadings without leave of court as to plaintiff(s) is 3/8/2023; as to defendant(s) is 4/10/2023. The serving of reports from retained experts under Rule 26(a)(2) are due from plaintiff(s) by 10/23/2023; and from defendant(s) by 11/22/2023. Supplementation under Rule 26(e) is due every six weeks until trial. The last date for the completion of ALL DISCOVERY is 1/31/2024. The last date to file any discover-related nondispositive motion is 12/29/2023. The deadline to file any dispositive motions is 4/8/2024. The parties have agreed upon Michael Scopelitis as mediator. The deadline for the parties to engage in mediation is 3/1/2024. The Court hereby VACATES the Preliminary Pretrial Conference scheduled for 12/8/2022, at 11:45 a.m. EST. Signed by Magistrate Judge Michael G Gotsch, Sr on 12/6/2022. (ash) |
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| Wednesday, November 30, 2022 | ||
| 14 | 14
misc
Report of Rule 26f Planning Meeting
Wed 11/30 4:22 PM
REPORT of Rule 26(f) Planning Meeting. (Judge, Stephen) |
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| Friday, November 04, 2022 | ||
| 13 | 13
misc
Mag Consent Forms Sent - Standard with pptc - form will be generated
Fri 11/04 11:47 AM
MAGISTRATE JUDGE CONSENT FORMS sent to all parties.. (slm) |
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| 12 | 12
2
pgs
order
Order ~Util - Set Deadlines/Hearings
Fri 11/04 11:47 AM
ORDER, Joint Proposed Discovery due by 11/30/2022. Telephonic Rule 16 Preliminary Pretrial Conference set for 12/8/2022 11:45 AM in US District Court - South Bend before Magistrate Judge Michael G Gotsch Sr.. Signed by Magistrate Judge Michael G Gotsch, Sr on 11/4/22. (slm) |
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| Wednesday, November 02, 2022 | ||
| 11 | 11
notice
Notice of Appearance
Wed 11/02 2:22 PM
NOTICE of Appearance by Garrick T Lankford on behalf of All Defendants (Lankford, Garrick) |
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| Tuesday, November 01, 2022 | ||
| 10 | 10
notice
Notice of Appearance
Tue 11/01 1:50 PM
NOTICE of Appearance by Bradford R Shively on behalf of All Defendants (Shively, Bradford) |
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| Monday, October 31, 2022 | ||
| 9 | 9
answer
Answer to Complaint
Mon 10/31 4:00 PM
ANSWER to Complaint by Bobby B Butler, Jr, James G Fisher, Hoosier Custom Cruisers LLC, Edward E Labeau, Patricia A Moles, James W Newell, Earl Robbins, Carol C Sims, Matthew R Sims, Michael E Straws.(Slabaugh, Jonathan) |
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| Monday, October 17, 2022 | ||
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2
pgs
order
Order on Motion for Extension of Time to Answer
Mon 10/17 1:38 PM
ORDER granting7 Motion for Extension of Time to Answer. Defendants, Hoosier Custom Cruisers LLC, Bobby B. Butler, Jr., Carol C. Sims, Earl Robbins, James G. Fisher, Edward E. Labeau, Patricia A. Moles, James W. Newell, Matthew R. Sims, and Michael E. Straws, may file their responsive pleadings or otherwise respond to the Plaintiff's Complaint for Injunctive and Other Relief4 shall be, and it is, extended through and including 10/31/2022. Signed by Magistrate Judge Michael G Gotsch, Sr on 10/17/2022. (nhc) |
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| Thursday, October 13, 2022 | ||
| 7 | 7
motion
Extension of Time to File Answer
Thu 10/13 4:56 PM
MOTION for Extension of Time to File Answer re4 State Court Complaint, by Defendants Bobby B Butler, Jr, James G Fisher, Hoosier Custom Cruisers LLC, Edward E Labeau, Patricia A Moles, James W Newell, Earl Robbins, Carol C Sims, Matthew R Sims, Michael E Straws. (Slabaugh, Jonathan) |
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| Tuesday, October 11, 2022 | ||
| 5 | 5
misc
Report
Tue 10/11 6:41 PM
REPORT by Bobby B Butler, Jr, James G Fisher, Hoosier Custom Cruisers LLC, Edward E Labeau, Patricia A Moles, James W Newell, Earl Robbins, Carol C Sims, Matthew R Sims, Michael E Straws . (Slabaugh, Jonathan) |
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utility
Add and Terminate Judges
Tue 10/11 11:42 AM
**NEW CASE** Judge Damon R Leichty and Magistrate Judge Michael G Gotsch, Sr added. (jdb) |
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| Friday, October 07, 2022 | ||
| 3 | 3
misc
Corporate Disclosure Statement
Fri 10/07 2:25 PM
Corporate Disclosure Statement by Hoosier Custom Cruisers LLC. (Slabaugh, Jonathan) |
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| 2 | 2
notice
Notice of Appearance
Fri 10/07 2:19 PM
NOTICE of Appearance by Jonathan R Slabaugh on behalf of Bobby B Butler, Jr, James G Fisher, Hoosier Custom Cruisers LLC, Edward E Labeau, Patricia A Moles, James W Newell, Earl Robbins, Carol C Sims, Matthew R Sims, Michael E Straws (Slabaugh, Jonathan) |
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| 1 | 1
notice
Notice of Removal
Fri 10/07 2:10 PM
NOTICE OF REMOVAL (Filing fee $ 402 receipt number AINNDC-5044463.) from Elkhart Superior Court No. 2, Cause No. 20D02-2209-PL-000156, filed by James G Fisher, Michael E Straws, Bobby B Butler, Jr, Edward E Labeau, James W Newell, Hoosier Custom Cruisers LLC, Patricia A Moles, Carol C Sims, Matthew R Sims, Earl Robbins.(Slabaugh, Jonathan) |
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Att: 1
Exhibit Exhibit A - State Court Complaint,
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Att: 2
Exhibit Exhibit B - Summons for Bobby Butler,
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Att: 3
Exhibit Exhibit C - Summons for Bobby Butler c/o Hoosier Custom Cruisers LLC,
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Att: 4
Exhibit Exhibit D - Summons for Carol Sims,
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Att: 5
Exhibit Exhibit E - Summons for Earl Robbins,
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Att: 6
Exhibit Exhibit F - Summons for Earl Robbins c/o Hoosier Custom Cruisers LLC,
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Att: 7
Exhibit Exhibit G - Summons for Edward Labeau,
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Att: 8
Exhibit Exhibit H - Summons for Edward Labeau c/o Hoosier Custom Cruisers LLC,
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Att: 9
Exhibit Exhibit I - Summons for Hoosier Custom Cruisers LLC,
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Att: 10
Exhibit Exhibit J - Summons for James Fisher,
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Att: 11
Exhibit Exhibit K - Summons for James Fisher c/o Hoosier Custom Cruisers LLC,
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Att: 12
Exhibit Exhibit L - Summons for James Newell,
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Att: 13
Exhibit Exhibit M - Summons for James Newell c/o Hoosier Custom Cruisers LLC,
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Att: 14
Exhibit Exhibit N - Summons for Matthew Sims,
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Att: 15
Exhibit Exhibit O - Summons for Matthew Sims c/o Hoosier Custom Cruisers LLC,
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Att: 16
Exhibit Exhibit P - Summons for Michael Straws,
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Att: 17
Exhibit Exhibit Q - Summons for Michael Straws c/o Hoosier Custom Cruisers LLC,
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Att: 18
Exhibit Exhibit R - Summons for Patricia Moles,
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Att: 19
Exhibit Exhibit S - Summons for Patricia Moles c/o Hoosier Custom Cruisers LLC,
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Att: 20
Exhibit Exhibit T - Appearance of Plaintiff's Counsel,
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Att: 21
Exhibit Exhibit U - Notice Identifying Commercial Court Docket Case,
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Att: 22
Exhibit Exhibit V - Appearance of Defendants' Counsel,
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Att: 23
Exhibit Exhibit W - Defendants' Motion for Extension of Time to Respond to Complaint,
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Att: 24
Exhibit Exhibit X - State Court Order Granting Defendants' Motion for Extension of Time to Respond to Complaint,
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Att: 25
Civil Cover Sheet Civil Cover Sheet
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| Wednesday, September 07, 2022 | ||
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cmp
State Court Complaint
Tue 10/11 11:48 AM
STATE COURT COMPLAINT for Injunctive and Other Relief with Jury Demand against Bobby B Butler, Jr, James G Fisher, Hoosier Custom Cruisers LLC, Edward E Labeau, Patricia A Moles, James W Newell, Earl Robbins, filed by Phoenix USA RV, Inc. Case filed in Elkhart Superior Court 2; Cause No. 20D02-2209-PL-000156. (jdb) |
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