WAKE FOREST UNIVERSITY et al v. KINETIC CONCEPTS, INC. et al

Federal Civil Lawsuit Texas Western District Court, Case No. 5:11-cv-00713
District Judge Xavier Rodriguez, presiding
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District Judge Xavier Rodriguez
Last Updated September 24, 2016 at 10:08 PM EDT (8.8 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Wake Forest University, Plaintiff

Represented by Brooks Pierce McLendon Humphrey & Leonard

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED CLINTON R. PINYAN +1 336 373 8850 +1 336 378 1001 cpinyan@brookspierce.com

Represented by Brooks, Pierce, McLendon, Humphrey & Leonard LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED JAMES T. WILLIAMS, JR. +1 336 271 3107 +1 336 232 9107 jwilliams@brookspierce.com

Represented by Gonzalez Chiscano Angulo & Kasson PC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Henry B. Gonzalez, III +2105698 500 862 8712 +1 210 569 8490 hbg@gcaklaw.com

Represented by Tensegrity Law Group, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Matthew D. Powers matthew.powers@tensegritylawgroup.com

Represented by Weil Gotshal & Manges LLP

Name Phone Fax E-Mail
TERMINATED: 11/02/2012, ATTORNEY TO BE NOTICED Andrew S. Brown +1 212 310 8295 andrew.brown@weil.com
TERMINATED: 11/02/2012, ATTORNEY TO BE NOTICED Peter Sandel peter.sandel@weil.com
TERMINATED: 10/31/2012, ATTORNEY TO BE NOTICED Elizabeth Stotland Weiswasser +1 212 310 8022 +1 212 310 8007 elizabeth.weiswasser@weil.com
TERMINATED: 10/31/2012, ATTORNEY TO BE NOTICED Erin Wiggins +1 212 310 8000 +1 212 310 8007 erin.wiggins@weil.com
TERMINATED: 10/31/2012, ATTORNEY TO BE NOTICED Jennifer H. Wu +1 212 310 8683 +1 212 310 8007 jennifer.wu@weil.com
No Logo Wake Forest University Health Sciences, Plaintiff
v.
No Logo Kci Licensing, Inc., Defendant
No Logo KCI Manufacturing, Defendant
No Logo Kci Medical Resources, Defendant
No Logo KCI USA, Inc., Defendant
No Logo Kinetic Concepts, Inc., Defendant

Represented by King & Spalding LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Timothy Gillam Barber +1 704 503 2578 +1 704 503 2622 tbarber@kslaw.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Antonio E. Lewis +1 704 503 2583 +1 704 503 2622 alewis@kslaw.com

Represented by Kirkland & Ellis LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Benjamin Adam Lasky +1 212 909 3099 +1 212 446 6460 blasky@kirkland.com
No Logo Medical Holdings Limited, Defendant
Attributes
Citation Section 28 U.S.C. § 1332nr
Nature of Suit 190 - Contract: Other Contract Actions
Timeline
  Entries (35) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 40 Filed: 10/30/2012, Entered: None
Agreed MOTION to Withdraw as Attorney Weiswasser, Wu, Wiggins, Sandel and Brown, Agreed MOTION to Substitute Attorney Henry B. Gonzalez III by WAKE FOREST UNIVERSITY, Wake Forest University Health Sciences. (Attachments: # 1 Proposed Order)(Gonzalez, Henry) (Entered: 10/30/2012)
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Legal Document (Payment Possibly Required) 39 Filed: 9/2/2011, Entered: None Court Filing
ORDER terminating any pending motions re 38 Order. Signed by Judge Xavier Rodriguez. (rf) (Entered: 09/02/2011)
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Legal Document (Payment Possibly Required) 38 Filed: 9/1/2011, Entered: None Court Filing
ORDER - The Clerks office is DIRECTED to administratively close this case pending further order ofthe Court. Though administratively closed, this case will still exist on the docket of this Court andmay be reopened upon request of any party or on the Courts own motion. Mire, 389 F.3d at 167. Signed by Judge Xavier Rodriguez. (rg) (Entered: 09/01/2011)
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Legal Document (Payment Possibly Required) 37 Filed: 8/26/2011, Entered: None
Case electronically transferred in from District of North Carolina Middle; Case Number 1:11-cv-00239. (Entered: 08/26/2011)
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Legal Document (Payment Possibly Required) 36 Filed: 8/26/2011, Entered: None
CONSENT ORDER TRANSFERRING CASE signed by JUDGE WILLIAM L. OSTEEN JR. on 8/26/11, that the First Amended Motion to Dismiss, Transfer Venue, or Stay Proceedings [docket # 23 ] is GRANTED, as follows: The request to transfer the case is GRANTED, and this action will be and is transferred to the United States District Court for the Western District of Texas, San Antonio Division, a court in which it could have been brought originally, to be consolidated with Kinetic Concepts, Inc. and KCI USA, Inc. v. Wake Forest University Health Sciences, Case No. 5:11-CV-163-XR, for further proceedings as that Court deems proper. Insofar as the First Amended Motion to Dismiss, Transfer Venue or Stay Proceedings [Docket # 23 ] requests alternative relief, that motion is mooted by this Order. The Clerk of this Court will transmit the complete file in this case to the United States Court for the Western District of Texas, San Antonio Division. (Law, Trina) [Transferred from North Carolina Middle on 8/26/2011.] (Entered: 08/26/2011)
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Legal Document (Payment Possibly Required) 35 Filed: 8/10/2011, Entered: None
Joint MOTION to Transfer Case Pursuant to Proposed Consent Order by KCI LICENSING, INC., KCI MANUFACTURING, KCI MEDICAL RESOURCES, KCI USA, INC., KINETIC CONCEPTS, INC., MEDICAL HOLDINGS LIMITED, WAKE FOREST UNIVERSITY, WAKE FOREST UNIVERSITY HEALTH SCIENCES. Responses due by 8/31/2011 (Attachments: # 1 Exhibit Texas Order, # 2 Text of Proposed Order)(PINYAN, CLINTON) [Transferred from North Carolina Middle on 8/26/2011.] (Entered: 08/10/2011)
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Legal Document (Payment Possibly Required) 34 Filed: 7/26/2011, Entered: None
NOTICE of Change of Address by CLINTON R. PINYAN (PINYAN, CLINTON) [Transferred from North Carolina Middle on 8/26/2011.] (Entered: 07/26/2011)
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Legal Document (Payment Possibly Required) 33 Filed: 5/20/2011, Entered: None
CONSENT ORDER STAYING CASE as set out; Signed by JUDGE WILLIAM L. OSTEEN JR. on 5/20/11. (Law, Trina) [Transferred from North Carolina Middle on 8/26/2011.] (Entered: 05/20/2011)
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Legal Document (Payment Possibly Required) 32 Filed: 5/18/2011, Entered: None
NOTICE by WAKE FOREST UNIVERSITY, WAKE FOREST UNIVERSITY HEALTH SCIENCES of Special Appearance (PINYAN, CLINTON) [Transferred from North Carolina Middle on 8/26/2011.] (Entered: 05/18/2011)
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Legal Document (Payment Possibly Required) 31 Filed: 5/14/2011, Entered: None
Consent MOTION for Extension of Time to File Response/Reply as to 23 Amended MOTION to Dismiss , Transfer Venue, or Stay Proceedings, 21 MOTION to Dismiss by WAKE FOREST UNIVERSITY, WAKE FOREST UNIVERSITY HEALTH SCIENCES. (Attachments: # 1 Text of Proposed Order)(PINYAN, CLINTON) [Transferred from North Carolina Middle on 8/26/2011.] (Entered: 05/14/2011)
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Legal Document (Payment Possibly Required) 30 Filed: 5/14/2011, Entered: None
Joint MOTION to Stay by KCI LICENSING, INC., KCI MANUFACTURING, KCI MEDICAL RESOURCES, KCI USA, INC., KINETIC CONCEPTS, INC., MEDICAL HOLDINGS LIMITED, WAKE FOREST UNIVERSITY, WAKE FOREST UNIVERSITY HEALTH SCIENCES. Responses due by 6/9/2011 (Attachments: # 1 Text of Proposed Order Proposed Consent Order)(PINYAN, CLINTON) [Transferred from North Carolina Middle on 8/26/2011.] (Entered: 05/14/2011)
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Legal Document (Payment Possibly Required) 29 Filed: 5/2/2011, Entered: None
NOTICE of Appearance by attorney BENJAMIN A. LASKY on behalf of Defendants KCI LICENSING, INC., KCI MANUFACTURING, KCI MEDICAL RESOURCES, KCI USA, INC., KINETIC CONCEPTS, INC., MEDICAL HOLDINGS LIMITED (LASKY, BENJAMIN) [Transferred from North Carolina Middle on 8/26/2011.] (Entered: 05/02/2011)
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Legal Document (Payment Possibly Required) 28 Filed: 4/29/2011, Entered: None
Corporate Disclosure Statement by KCI MANUFACTURING identifying Corporate Parent KCI MEDICAL RESOURCES, Corporate Parent MEDICAL HOLDINGS LIMITED, Corporate Parent KINETIC CONCEPTS, INC., Corporate Parent KCI HOLDING COMPANY, INC., Corporate Parent KCI International Holding Company, Corporate Parent KCII Holdings, L.L.C., Corporate Parent KCI International, Inc., Corporate Parent KCI APAC Holding Ltd., Corporate Parent KCI MS Unlimited, Corporate Parent KCI MEDICAL HOLDINGS UNLIMITED for KCI MANUFACTURING.. (LEWIS, ANTONIO) [Transferred from North Carolina Middle on 8/26/2011.] (Entered: 04/29/2011)
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Legal Document (Payment Possibly Required) 27 Filed: 4/29/2011, Entered: None
Corporate Disclosure Statement by MEDICAL HOLDINGS LIMITED identifying Corporate Parent KCI MEDICAL RESOURCES, Corporate Parent KINETIC CONCEPTS, INC., Corporate Parent KCI HOLDING COMPANY, INC., Corporate Parent KCI International Holding Company, Corporate Parent KCII Holdings, L.L.C., Corporate Parent KCI International, Inc., Corporate Parent KCI APAC Holding Ltd., Corporate Parent KCI MS Unlimited for MEDICAL HOLDINGS LIMITED.. (LEWIS, ANTONIO) [Transferred from North Carolina Middle on 8/26/2011.] (Entered: 04/29/2011)
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Legal Document (Payment Possibly Required) 26 Filed: 4/29/2011, Entered: None
Corporate Disclosure Statement by KCI MEDICAL RESOURCES identifying Corporate Parent KINETIC CONCEPTS, INC., Corporate Parent KCI HOLDING COMPANY, INC., Corporate Parent KCI International Holding Company, Corporate Parent KCII Holdings, L.L.C., Corporate Parent KCI International, Inc. for KCI MEDICAL RESOURCES.. (LEWIS, ANTONIO) [Transferred from North Carolina Middle on 8/26/2011.] (Entered: 04/29/2011)
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Legal Document (Payment Possibly Required) 25 Filed: 4/29/2011, Entered: None
Corporate Disclosure Statement by KCI LICENSING, INC. identifying Corporate Parent KINETIC CONCEPTS, INC., Corporate Parent KCI HOLDING COMPANY, INC. for KCI LICENSING, INC... (LEWIS, ANTONIO) [Transferred from North Carolina Middle on 8/26/2011.] (Entered: 04/29/2011)
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Legal Document (Payment Possibly Required) 24 Filed: 4/25/2011, Entered: None
DEFENDANTS' BRIEF re 23 Amended MOTION to Dismiss , Transfer Venue, or Stay Proceedings by KCI USA, INC., KINETIC CONCEPTS, INC. (Attachments: # 1 Exhibit A: Hulse Affidavit, # 2 Exhibit A, Attachment 1: Correspondence 2/28/2011, # 3 Exhibit A, Attachment 2: Correspondence 2/28/2011 with complaint, # 4 Exhibit A, Attachment 3: Correspondence 3/1/2011, # 5 Exhibit A, Attachment 4: Correspondence 3/7/2011, # 6 Exhibit A, Attachment 5: Assignment, # 7 Exhibit B: Allison Affidavit, # 8 Exhibit B, Attachment 1: KCI Original Texas Complaint, # 9 Exhibit B, Attachment 2: Email 3/2/2011, # 10 Exhibit B, Attachment 3: Correspondence 3/2/2011 forwarding notice of lawsuit, # 11 Exhibit B, Attachment 4: Waiver of Service of Summons, # 12 Exhibit C: Unpublished Opinion)(LEWIS, ANTONIO) [Transferred from North Carolina Middle on 8/26/2011.] (Entered: 04/25/2011)
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Legal Document (Payment Possibly Required) 23 Filed: 4/25/2011, Entered: None
Amended MOTION to Dismiss , Transfer Venue, or Stay Proceedings by KCI USA, INC., KINETIC CONCEPTS, INC. Responses due by 5/19/2011. (LEWIS, ANTONIO) [Transferred from North Carolina Middle on 8/26/2011.] (Entered: 04/25/2011)
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Legal Document (Payment Possibly Required) 22 Filed: 4/25/2011, Entered: None
DEFENDANTS' BRIEF re 18 Amended Complaint, 21 MOTION to Dismiss by KCI LICENSING, INC., KCI MANUFACTURING, KCI MEDICAL RESOURCES, KCI USA, INC., KINETIC CONCEPTS, INC., MEDICAL HOLDINGS LIMITED. (Attachments: # 1 Exhibit A: Hulse Affidavit, # 2 Exhibit A_Attachment 1: Licensing Agreement, # 3 Exhibit A_Attachment 2: Assignment, # 4 Exhibit B: Lewis Declaration, # 5 Exhibit B_Attachment 1: Complaint (W.D.Tex.), # 6 Exhibit B_Attachment 2: 3d Amended Complaint (W.D.Tex.), # 7 Exhibit B_Attachment 3: Complaint (MDNC), # 8 Exhibit B_Attachment 4: 1st Amended Complaint (MDNC))(LEWIS, ANTONIO) [Transferred from North Carolina Middle on 8/26/2011.] (Entered: 04/25/2011)
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Legal Document (Payment Possibly Required) 21 Filed: 4/25/2011, Entered: None
MOTION to Dismiss by KCI LICENSING, INC., KCI MANUFACTURING, KCI MEDICAL RESOURCES, KCI USA, INC., KINETIC CONCEPTS, INC., MEDICAL HOLDINGS LIMITED. Responses due by 5/19/2011 (Attachments: # 1 Text of Proposed Order)(LEWIS, ANTONIO) [Transferred from North Carolina Middle on 8/26/2011.] (Entered: 04/25/2011)
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Legal Document (Payment Possibly Required) 20 Filed: 4/23/2011, Entered: None
WAIVER OF SERVICE of SUMMONS by WAKE FOREST UNIVERSITY HEALTH SCIENCES, WAKE FOREST UNIVERSITY. KCI LICENSING, INC. waiver sent on 4/8/2011, answer due 6/7/2011; KCI MANUFACTURING waiver sent on 4/8/2011, answer due 6/7/2011; KCI MEDICAL RESOURCES waiver sent on 4/8/2011, answer due 6/7/2011; MEDICAL HOLDINGS LIMITED waiver sent on 4/8/2011, answer due 6/7/2011. (Attachments: # 1 Exhibit Waiver of Service by KCI Licensing, Inc., # 2 Exhibit Waiver of Service by KCI Manufacturing, # 3 Exhibit Waiver of Service by KCI Medical Resources, # 4 Exhibit Waiver of Service by Medical Holdings Limited)(PINYAN, CLINTON) [Transferred from North Carolina Middle on 8/26/2011.] (Entered: 04/23/2011)
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Legal Document (Payment Possibly Required) 19 Filed: 4/18/2011, Entered: None
NOTICE by WAKE FOREST UNIVERSITY, WAKE FOREST UNIVERSITY HEALTH SCIENCES of Special Appearance (PINYAN, CLINTON) [Transferred from North Carolina Middle on 8/26/2011.] (Entered: 04/18/2011)
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Legal Document (Payment Possibly Required) 18 Filed: 4/8/2011, Entered: None
First AMENDED COMPLAINT against All Defendants filed by WAKE FOREST UNIVERSITY, WAKE FOREST UNIVERSITY HEALTH SCIENCES. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F) (PINYAN, CLINTON) [Transferred from North Carolina Middle on 8/26/2011.] (Entered: 04/08/2011)
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Legal Document (Payment Possibly Required) 17 Filed: 4/8/2011, Entered: None
CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Plaintiff WAKE FOREST UNIVERSITY HEALTH SCIENCES (PINYAN, CLINTON) [Transferred from North Carolina Middle on 8/26/2011.] (Entered: 04/08/2011)
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Legal Document (Payment Possibly Required) 16 Filed: 4/8/2011, Entered: None
CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Plaintiff WAKE FOREST UNIVERSITY (PINYAN, CLINTON) [Transferred from North Carolina Middle on 8/26/2011.] (Entered: 04/08/2011)
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Legal Document (Payment Possibly Required) 10 Filed: 4/8/2011, Entered: None
Defendants' BRIEF re 9 MOTION to Dismiss , Transfer Venue, or Stay Proceedings. (Attachments: # 1 Exhibit A_Affidavit of William F. Hulse IV, # 2 Exhibit A, Attachment 1_2/28/11 E-mail Correspondence, # 3 Exhibit A, Attachment 2_E-mail dated 2/28/11, # 4 Exhibit A, Attachment 3_E-mail dated 3/1/11, # 5 Exhibit A, Attachment 4_Correspondence dated 3/7/11, # 6 Exhibit A, Attachment 5, Assignment, # 7 Exhibit B_Affidavit of Stephen P. Allison, # 8 Exhibit B, Attachment 1_Original Texas Complaint, # 9 Exhibit B, Attachment 2_E-mail dated 3/2/11, # 10 Exhibit B, Attachment 3_Correspondence dated 3/2/11, # 11 Exhibit B, Attachment 4_Waiver of Service of Summons, # 12 Exhibit C_Unpublished Opinion)(LEWIS, ANTONIO) [Transferred from North Carolina Middle on 8/26/2011.] (Entered: 04/08/2011)
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Legal Document (Payment Possibly Required) 9 Filed: 4/8/2011, Entered: None
MOTION to Dismiss , Transfer Venue, or Stay Proceedings by KCI USA, INC., KINETIC CONCEPTS, INC.. Responses due by 5/2/2011 (LEWIS, ANTONIO) [Transferred from North Carolina Middle on 8/26/2011.] (Entered: 04/08/2011)
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Legal Document (Payment Possibly Required) 8 Filed: 4/8/2011, Entered: None
NOTICE of Appearance by attorney TIMOTHY G. BARBER on behalf of Defendants KCI USA, INC., KINETIC CONCEPTS, INC. (BARBER, TIMOTHY) [Transferred from North Carolina Middle on 8/26/2011.] (Entered: 04/08/2011)
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Legal Document (Payment Possibly Required) 7 Filed: 3/28/2011, Entered: None
Notice of Right to Consent. (Sheets, Jamie) [Transferred from North Carolina Middle on 8/26/2011.] (Entered: 03/28/2011)
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Legal Document (Payment Possibly Required) 6 Filed: 3/28/2011, Entered: None
Summons Issued as to KINETIC CONCEPTS, INC., KCI USA, INC. (State court document filed in Forsyth County Superior Court Division, case no. 11-CVS-1528, issued 2/28/2011, listed as Exhibit B in the Petition for Removal.) (Sheets, Jamie) [Transferred from North Carolina Middle on 8/26/2011.] (Entered: 03/28/2011)
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Legal Document (Payment Possibly Required) 5 Filed: 3/28/2011, Entered: None
COMPLAINT against KINETIC CONCEPTS, INC., KCI USA, INC., filed by WAKE FOREST UNIVERSITY, WAKE FOREST UNIVERSITY HEALTH SCIENCES. (State court document filed in Forsyth County Superior Court Division, case no. 11-CVS-1528, listed as Exhibit E in the Petition for Removal.) (Sheets, Jamie) [Transferred from North Carolina Middle on 8/26/2011.] (Entered: 03/28/2011)
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Legal Document (Payment Possibly Required) 4 Filed: 3/25/2011, Entered: None
Corporate Disclosure Statement by KCI USA, INC. identifying Corporate Parent KINETIC CONCEPTS, INC., Corporate Parent KCI LICENSING, INC., Corporate Parent KCI HOLDING COMPANY, INC. (LEWIS, ANTONIO) Modified on 3/28/2011 to remove duplicate text. (Sheets, Jamie) [Transferred from North Carolina Middle on 8/26/2011.] (Entered: 03/25/2011)
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Legal Document (Payment Possibly Required) 3 Filed: 3/25/2011, Entered: None
Corporate Disclosure Statement by KINETIC CONCEPTS, INC. (LEWIS, ANTONIO) Modified on 3/28/2011 to remove additional punctuation. (Sheets, Jamie) [Transferred from North Carolina Middle on 8/26/2011.] (Entered: 03/25/2011)
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Legal Document (Payment Possibly Required) 2 Filed: 3/25/2011, Entered: None
CIVIL COVER SHEET. (LEWIS, ANTONIO) Modified on 3/28/2011 to reflect correct event title. (Sheets, Jamie) [Transferred from North Carolina Middle on 8/26/2011.] (Entered: 03/25/2011)
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Legal Document (Payment Possibly Required) 1 Filed: 3/25/2011, Entered: None
PETITION FOR REMOVAL from Forsyth County Superior Court, case number 11-cvs-1528. Filing fee $ 350 receipt number 0418-904521, filed by KCI USA, INC., KINETIC CONCEPTS, INC.. (Attachments: # 1 Exhibit A - State Court Application & Order Extending Time to File Complaint, # 2 Exhibit B - State Court Civil Summons, # 3 Exhibit C - State Court Acceptance of Service, # 4 Exhibit D - State Court Service of Process Transmittal, # 5 Exhibit E - State Court Complaint, # 6 Exhibit F - State Court Affidavit of Service, # 7 Exhibit G - State Court Affidavit of Service, # 8 Exhibit H: Notice of Removal to State Court Clerk)(LEWIS, ANTONIO) [Transferred from North Carolina Middle on 8/26/2011.] (Entered: 03/25/2011)
  • Attachment 1 Exhibit A - State Court Application & Order Extending Time to File Complaint
  • Attachment 2 Exhibit B - State Court Civil Summons
  • Attachment 3 Exhibit C - State Court Acceptance of Service
  • Attachment 4 Exhibit D - State Court Service of Process Transmittal
  • Attachment 5 Exhibit E - State Court Complaint
  • Attachment 6 Exhibit F - State Court Affidavit of Service
  • Attachment 7 Exhibit G - State Court Affidavit of Service
  • Attachment 8 Exhibit H: Notice of Removal to State Court Clerk
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