Fuma International LLC v. Altria Group, Inc. et al
| Virginia Eastern District Court | |
| Judge: | Elizabeth W Hanes |
| Referred: | Robert J Krask |
| Case #: | 2:23-cv-00231 |
| Nature of Suit | 830 Property Rights - Patent |
| Cause | 35:271 Patent Infringement |
| Case Filed: | May 26, 2023 |
| Terminated: | Aug 14, 2023 |
| Last checked: Wednesday Nov 22, 2023 7:33 AM EST |
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Defendant
Altria Client Services LLC
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Represented By
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Defendant
Altria Group Distribution Company
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Represented By
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Defendant
Altria Group, Inc.
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Represented By
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Defendant
Nu Mark LLC
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Represented By
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Defendant
NJOY, LLC
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Represented By
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Plaintiff
Fuma International LLC
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Represented By
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| Docket last updated: 04/25/2024 11:59 PM EDT |
| Monday, August 14, 2023 | ||
| 37 | 37
1
pgs
order
Order Dismissing Case
Mon 08/14 4:59 PM
FINAL ORDER. On August 14, 2023, Plaintiff filed a voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). The Court acknowledges this voluntary dismissal is with prejudice and that the parties will bear their own attorney's fees, cost, and expenses. The Court DIRECTS the Clerk to close this case. Signed by District Judge Elizabeth W. Hanes on 8/14/23. (jhie, ) |
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| 36 | 36
notice
Notice of Voluntary Dismissal
Mon 08/14 9:27 AM
NOTICE of Voluntary Dismissal by Fuma International LLC (Jordan, Brandon) |
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| Monday, July 31, 2023 | ||
| 35 | 35
1
pgs
order
Order on Motion for Extension of Time to Answer
Mon 07/31 10:25 AM
ORDER granting34 Second MOTION for Extension of Time to File Answer. Defendants shall have up to and including August 14, 2023, to respond to Plaintiff's First Amended Complaint. Signed by Magistrate Judge Robert J. Krask on 7/31/23. (jhie, ) Modified docket text to correct date on 7/31/2023 (jhie, ) |
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| Friday, July 28, 2023 | ||
| 34 | 34
motion
Extension of Time to File Answer
Fri 07/28 10:26 AM
Second MOTION for Extension of Time to File Answer re18 Amended Complaint,,,, by Altria Client Services LLC, Altria Group Distribution Company, Altria Group, Inc., NJOY, LLC, Nu Mark LLC.(Ansley, William) |
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Att: 1
Proposed Order
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utility
Motions Referred
Fri 07/28 12:37 PM
MOTION REFERRED to Magistrate Judge: Robert J. Krask.34 Second MOTION for Extension of Time to File Answer re18 Amended Complaint (jhie, ) |
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| Friday, June 23, 2023 | ||
| 33 | 33
1
pgs
order
Order on Motion for Pro hac vice
Fri 06/23 5:11 PM
ORDER granting31 Motion for Pro hac vice for Anish Rohit Desai on behalf of Altria Client Services LLC, Altria Group Distribution Company, Altria Group, Inc., NJOY, LLC and Nu Mark LLC. Signed by District Judge Elizabeth W. Hanes on 6/23/2023. (awoo, ) |
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| 32 | 32
1
pgs
order
Order on Motion for Pro hac vice
Fri 06/23 4:59 PM
ORDER granting30 Motion for Pro hac vice for Elizabeth Stotland Weiswasser as to Altria Client Services LLC, Altria Group Distribution Company,Altria Group, Inc., NJOY, LLC and Nu Mark LLC. Signed by District Judge Elizabeth W. Hanes on 6/23/22023. (awoo, ) |
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| Tuesday, June 20, 2023 | ||
| 31 | 31
motion
Pro Hac Vice
Tue 06/20 5:12 PM
Amended Motion to appear Pro Hac Vice by Anish Desai and Certification of Local Counsel W. Sutton Ansley by Altria Client Services LLC, Altria Group Distribution Company, Altria Group, Inc., NJOY, LLC, Nu Mark LLC. (Ansley, William) |
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| 30 | 30
motion
Pro Hac Vice
Tue 06/20 5:10 PM
Amended Motion to appear Pro Hac Vice by Elizabeth S. Weiswasser and Certification of Local Counsel W. Sutton Ansley by Altria Client Services LLC, Altria Group Distribution Company, Altria Group, Inc., NJOY, LLC, Nu Mark LLC. (Ansley, William) |
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misc
Notice of Correction
Tue 06/20 9:52 AM
Notice of Correction re27 Motion to appear Pro Hac Vice by Elizabeth S. Weiswasser and28 Motion to appear Pro Hac Vice by Anish Desai and Certification of Local Counsel W. Sutton Ansley. The motions do not contain the signatures of the applicants. Local counsel should file corrected motions that include the written signatures of the applicants. Counsel should not pay the fees a second time. (tlev, ) |
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| Friday, June 16, 2023 | ||
| 29 | 29
notice
Notice of Appearance
Fri 06/16 4:04 PM
NOTICE of Appearance by Richard Hooper Ottinger on behalf of Fuma International LLC (Ottinger, Richard) |
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| 28 | 28
motion
Pro Hac Vice
Fri 06/16 3:39 PM
Motion to appear Pro Hac Vice by Anish Desai and Certification of Local Counsel W. Sutton Ansley Filing fee $ 75, receipt number AVAEDC-8986586. by Altria Client Services LLC, Altria Group Distribution Company, Altria Group, Inc., NJOY, LLC, Nu Mark LLC. (Ansley, William) |
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| 27 | 27
motion
Pro Hac Vice
Fri 06/16 3:36 PM
Motion to appear Pro Hac Vice by Elizabeth S. Weiswasser and Certification of Local Counsel W. Sutton Ansley Filing fee $ 75, receipt number AVAEDC-8986557. by Altria Client Services LLC, Altria Group Distribution Company, Altria Group, Inc., NJOY, LLC, Nu Mark LLC. (Ansley, William) |
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| 26 | 26
notice
Notice of Appearance
Fri 06/16 3:16 PM
NOTICE of Appearance by Matthew Sieger on behalf of Altria Client Services LLC, Altria Group Distribution Company, Altria Group, Inc., NJOY, LLC, Nu Mark LLC (Sieger, Matthew) |
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| 25 | 25
2
pgs
order
Order on Motion for Extension of Time to Answer
Fri 06/16 9:21 AM
ORDER granting24 Motion for Extension of Time to Answer. Defendants shall have up to and including July 31, 2023, to respond to Plaintiff's First Amended Complaint. Signed by Magistrate Judge Robert J. Krask on 6/16/23. (jhie, ) |
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| Thursday, June 15, 2023 | ||
| 24 | 24
motion
Extension of Time to File Answer
Thu 06/15 3:51 PM
MOTION for Extension of Time to File Answer re18 Amended Complaint,,,, by Altria Client Services LLC, Altria Group Distribution Company, Altria Group, Inc., NJOY, LLC, Nu Mark LLC.(Ansley, William) |
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Att: 1
Proposed Order
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| 23 | 23
misc
Corporate Disclosure Statement
Thu 06/15 3:44 PM
Corporate Disclosure Statement by NJOY, LLC, Altria Group Distribution Company, Nu Mark LLC, Altria Group, Inc., Altria Client Services LLC. (Ansley, William) |
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| 22 | 22
notice
Notice of Appearance
Thu 06/15 3:41 PM
NOTICE of Appearance by William Sutton Ansley on behalf of Altria Client Services LLC, Altria Group Distribution Company, Altria Group, Inc., NJOY, LLC, Nu Mark LLC (Ansley, William) |
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utility
Motions Referred
Thu 06/15 4:45 PM
MOTION REFERRED to Magistrate Judge Robert J. Krask.24 MOTION for Extension of Time to File Answer re18 Amended Complaint (jhie, ) |
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| Monday, June 12, 2023 | ||
| 21 | 21
service
Summons Returned Executed
Mon 06/12 12:11 PM
SUMMONS Returned Executed by Fuma International LLC NJOY, LLC served on 6/12/2023, answer due 7/3/2023 (Jordan, Brandon) |
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| 20 | 20
service
Summons Issued
Mon 06/12 9:31 AM
Summons Issued as to NJOY, LLC, NOTICE TO ATTORNEY: PPlease serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted.(jhie, ) |
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Att: 1
Civil Motions Procedures
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| Thursday, June 08, 2023 | ||
| 19 | 19
misc
Proposed Summons
Thu 06/08 2:54 PM
Proposed Summons for NJOY, LLC by Fuma International LLC. (Jordan, Brandon) |
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| 18 | 18
cmp
Amended Complaint
Thu 06/08 2:52 PM
AMENDED COMPLAINT against All Defendants, filed by Fuma International LLC.(Jordan, Brandon) |
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Att: 1
Appendix Report on the Filing or Determination of an Action Regarding a Patent,
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Att: 2
Exhibit A - US Pat. No. 9,532,604,
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Att: 3
Exhibit B - Sept. 17, 2009 Trans Power Invoice,
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Att: 4
Exhibit C - Nov. 5, 2009 Great Midwest Tobacco Invoice,
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Att: 5
Exhibit D - Nov. 20, 2009 Adco Distributors Invoice,
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Att: 6
Exhibit E - Nov. 2, 2018 Decl. of G. Conley under 37 CFR 1.131,
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Att: 7
Exhibit F - June 29, 2010 D. Potter Email,
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Att: 8
Exhibit G - 2017 LinkedIn Correspondence between G. Conley and E. Hawes,
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Att: 9
Exhibit H - March 10, 2017 E-mail from G. Conley to E. Hawes,
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Att: 10
Exhibit I - March 22, 2017 E-mail from G. Conley to E. Hawes,
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Att: 11
Exhibit J - March 23, 2017 E-mail from E. Hawes to G. Conley,
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Att: 12
Exhibit K - April 13, 2017 Meeting Invite from E. Hawes to G. Conley,
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Att: 13
Exhibit L - MarkTen XL Product Information Guide,
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Att: 14
Exhibit M - Green Smoke E-Vapor Kit User Guide,
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Att: 15
Exhibit N - MarkTen Elite Product Information Guide,
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Att: 16
Exhibit O - US Pat No. 10,334,881,
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Att: 17
Exhibit P - US Pat No. 11,497,864,
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Att: 18
Exhibit Q - NJOY Ace User Guide
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| Wednesday, June 07, 2023 | ||
| 17 | 17
service
Summons Returned Executed
Wed 06/07 3:40 PM
SUMMONS Returned Executed by Fuma International LLC Altria Client Services LLC served on 6/5/2023, answer due 6/26/2023; Altria Group Distribution Company served on 6/5/2023, answer due 6/26/2023; Altria Group, Inc. served on 6/5/2023, answer due 6/26/2023; Nu Mark LLC served on 6/5/2023, answer due 6/26/2023 (Jordan, Brandon) |
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| Wednesday, May 31, 2023 | ||
| 16 | 16
1
pgs
order
Order on Motion for Pro hac vice
Wed 05/31 9:38 AM
ORDER granting10 Motion for Pro hac vice for Robert Alois Auchter as to Fuma International LLC. Signed by District Judge Elizabeth W. Hanes on 5/30/2023. (awoo, ) |
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| 15 | 15
1
pgs
order
Order on Motion for Pro hac vice
Wed 05/31 9:29 AM
ORDER granting11 Motion for Pro hac vice for Robert Francis Callahan, Jr as to Fuma International LLC. Signed by District Judge Elizabeth W. Hanes on 5/30/2023. (awoo, ) |
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| Tuesday, May 30, 2023 | ||
| 14 | 14
1
pgs
order
Order on Motion for Pro hac vice
Tue 05/30 4:52 PM
ORDER granting9 Motion for Pro hac vice for Dirk Dion Thomas as to Fuma International LLC. Signed by District Judge Elizabeth W. Hanes on 5/30/23. (jhie, ) |
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| 13 | 13
1
pgs
order
Order on Motion for Pro hac vice
Tue 05/30 4:42 PM
ORDER granting8 Motion for Pro hac vice for Christopher Patrick Sullivan as to Fuma International LLC. Signed by District Judge Elizabeth W. Hanes on 5/30/23. (jhie, ) |
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| 12 | 12
service
Summons Issued
Tue 05/30 10:18 AM
Summons Issued as to Altria Client Services LLC, Altria Group Distribution Company, Altria Group, Inc., Nu Mark LLC. NOTICE TO ATTORNEY: Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted.(jhie, ) |
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Att: 1
Civil Motions Procedures
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| Friday, May 26, 2023 | ||
| 11 | 11
motion
Pro Hac Vice
Fri 05/26 12:16 PM
Motion to appear Pro Hac Vice by Robert Francis Callahan, Jr. and Certification of Local Counsel Brandon Michael Jordan Filing fee $ 75, receipt number AVAEDC-8955122. by Fuma International LLC. (Jordan, Brandon) |
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| 10 | 10
motion
Pro Hac Vice
Fri 05/26 12:14 PM
Motion to appear Pro Hac Vice by Robert Alois Auchter and Certification of Local Counsel Brandon Michael Jordan Filing fee $ 75, receipt number AVAEDC-8955114. by Fuma International LLC. (Jordan, Brandon) |
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| 9 | 9
motion
Pro Hac Vice
Fri 05/26 12:12 PM
Motion to appear Pro Hac Vice by Dirk Dion Thomas and Certification of Local Counsel Brandon Michael Jordan Filing fee $ 75, receipt number AVAEDC-8955113. by Fuma International LLC. (Jordan, Brandon) |
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| 8 | 8
motion
Pro Hac Vice
Fri 05/26 12:11 PM
Motion to appear Pro Hac Vice by Christopher Patrick Sullivan and Certification of Local Counsel Brandon Michael Jordan Filing fee $ 75, receipt number AVAEDC-8955092. by Fuma International LLC. (Jordan, Brandon) |
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| 7 | 7
misc
Financial Disclosure Statement
Fri 05/26 12:04 PM
Financial Interest Disclosure Statement (Local Rule 7.1) by Fuma International LLC. (Jordan, Brandon) |
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| 6 | 6
misc
Proposed Summons
Fri 05/26 12:02 PM
Proposed Summons to Altria Client Services LLC by Fuma International LLC. (Jordan, Brandon) |
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| 5 | 5
misc
Proposed Summons
Fri 05/26 12:01 PM
Proposed Summons to Altria Group Distribution Company by Fuma International LLC. (Jordan, Brandon) |
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| 4 | 4
misc
Proposed Summons
Fri 05/26 12:00 PM
Proposed Summons to Nu Mark LLC by Fuma International LLC. (Jordan, Brandon) |
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| 3 | 3
misc
Proposed Summons
Fri 05/26 12:00 PM
Proposed Summons to Altria Group, Inc. by Fuma International LLC. (Jordan, Brandon) |
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| 2 | 2
notice
Notice of Appearance
Fri 05/26 11:53 AM
NOTICE of Appearance by Brandon Michael Jordan on behalf of Fuma International LLC (Jordan, Brandon) |
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| 1 | 1
cmp
Complaint
Fri 05/26 11:48 AM
Complaint ( Filing fee $ 402, receipt number AVAEDC-8954875.), filed by Fuma International LLC.(Jordan, Brandon) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Appendix Report on the Filing or Determination of an Action Regarding a Patent (A0120),
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Att: 3
Exhibit A - US Pat. No. 9,532,604,
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Att: 4
Exhibit B - Sept. 17, 2009 Trans Power Invoice,
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Att: 5
Exhibit C - Nov. 5, 2009 Great Midwest Tobacco Invoice,
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Att: 6
Exhibit D - Nov. 20, 2009 Adco Distributors Invoice,
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Att: 7
Exhibit E - Nov. 2, 2018 Decl. of G. Conley under 37 CFR 1.131,
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Att: 8
Exhibit F - June 29, 2010 D. Potter Email,
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Att: 9
Exhibit G - 2017 LinkedIn Correspondence between G. Conley and E. Hawes,
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Att: 10
Exhibit H - March 10, 2017 E-mail from G. Conley to E. Hawes,
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Att: 11
Exhibit I - March 22, 2017 E-mail from G. Conley to E. Hawes,
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Att: 12
Exhibit J - March 23, 2017 E-mail from E. Hawes to G. Conley,
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Att: 13
Exhibit K - April 13, 2017 Meeting Invite from E. Hawes to G. Conley,
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Att: 14
Exhibit L - MarkTen XL Product Information Guide,
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Att: 15
Exhibit M - Green Smoke E-Vapor Kit User Guide,
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Att: 16
Exhibit N - MarkTen Elite Product Information Guide
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misc
Case Transferred In - Divisional Transfer
Fri 05/26 2:29 PM
Case transferred in from Richmond Division. Case Number 3:23cv348 (afar) |
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