TQP Development, LLC v. First National Bank of Omaha

Federal Civil Lawsuit Texas Eastern District Court, Case No. 2:12-cv-00063
District Judge Michael H. Schneider, presiding
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District Judge Michael H. Schneider
Last Updated September 26, 2016 at 6:46 AM EDT (8.6 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo TQP Development, LLC, Plaintiff

Represented by Ni Law Firm, PLLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Hao Ni +1 972 331 4600 +1 972 314 0900 hni@nilawfirm.com

Represented by Russ August & Kabat

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Marc Aaron Fenster +1 310 826 7474 +1 310 826 6991 mafenster@raklaw.com
ATTORNEY TO BE NOTICED Alexander Chester Giza +1 310 826 7474 +1 310 826 6991 acgiza@raklaw.com
ATTORNEY TO BE NOTICED Adam S Hoffman +1 310 826 7474 +1 310 826 6991 ahoffman@raklaw.com

Represented by Spangler, Andrew Wesley

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Andrew Wesley Spangler +1 903 935 3443 +1 903 553 0403 spangler@spanglerlawpc.com

Represented by Weisbrod Matteis & Copley, PLLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED James A Fussell, III +1 202 499 7900 jfussell@wmclaw.com
v.
No Logo First National Bank of Omaha, Defendant

Represented by Kutak Rock, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Jason S Jackson +1 402 346 6000 +1 402 346 1148 jason.jackson@kutakrock.com
PRO HAC VICE, ATTORNEY TO BE NOTICED John P. Passarelli +1 402 346 6000 +1 402 346 1148 john.passarelli@kutakrock.com
PRO HAC VICE, ATTORNEY TO BE NOTICED James M Sulentic +1 402 346 6000 +1 402 346 1148 james.sulentic@kutakrock.com

Represented by NELSON LAW FIRM

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Kyle Joseph Nelson +1 903 561 8449 +1 877 534 6769 kyle@knelsonlaw.com

Represented by po box 750 Law Firm Placeholder

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Gregory Phillip Love +1 903 690 7100 +1 903 392 2267 greg@lovetrialfirm.com

Represented by The Dotson Law Firm

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Darrell Glyn Dotson +1 903 212 3113 +1 903 757 2387 darrell@dotsonlawfirm.com
Attributes
Citation Section 35 U.S.C. § 271
Nature of Suit 830 - Property Rights: Patent
Timeline
  Entries (53) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 53 Filed: 11/13/2012, Entered: None Court Filing
FINAL JUDGMENT. Signed by Judge Michael H. Schneider on 11/13/12. (mrm, ) (Entered: 11/13/2012)
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Legal Document (Payment Possibly Required) 52 Filed: 11/13/2012, Entered: None Court Filing
ORDER OF DISMISSAL WITH PREJUDICE granting 51 Motion to Dismiss. Signed by Judge Michael H. Schneider on 11/13/12. (mrm, ) (Entered: 11/13/2012)
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Legal Document (Payment Possibly Required) 51 Filed: 11/12/2012, Entered: None
Joint MOTION to Dismiss by First National Bank of Omaha, TQP Development, LLC. (Attachments: # 1 Text of Proposed Order)(Ni, Hao) (Entered: 11/12/2012)
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Legal Document (Payment Possibly Required) 50 Filed: 9/20/2012, Entered: None
NOTICE by First National Bank of Omaha of Compliance with P.R. 4-1 (Sulentic, James) (Entered: 09/20/2012)
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Legal Document (Payment Possibly Required) 49 Filed: 9/20/2012, Entered: None Court Filing
ORDER Modifying Claim Construction Procedures. Signed by Magistrate Judge Caroline Craven on 9/20/2012. (sm, ) (Entered: 09/20/2012)
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Legal Document (Payment Possibly Required) 48 Filed: 9/5/2012, Entered: None
NOTICE by First National Bank of Omaha Designating Lead Defendant (Sulentic, James) (Entered: 09/05/2012)
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Legal Document (Payment Possibly Required) 47 Filed: 8/27/2012, Entered: None
NOTICE by First National Bank of Omaha Notice of Compliance with P.R. 3-4(a) (Sulentic, James) (Entered: 08/27/2012)
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Legal Document (Payment Possibly Required) 46 Filed: 8/14/2012, Entered: None Court Filing
ORDER REGARDING CLAIM CONSTRUCTION BRIEF. Signed by Magistrate Judge Caroline Craven on 8/14/2012. (sm, ) (Entered: 08/14/2012)
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Legal Document (Payment Possibly Required) 45 Filed: 7/27/2012, Entered: None
NOTICE of Service by First National Bank of Omaha (Jackson, Jason) Modified on 7/27/2012 (sm, ). (Entered: 07/27/2012)
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Legal Document (Payment Possibly Required) 44 Filed: 6/28/2012, Entered: None
NOTICE of Discovery Disclosure by First National Bank of Omaha (Sulentic, James) (Entered: 06/28/2012)
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Legal Document (Payment Possibly Required) 43 Filed: 6/5/2012, Entered: None Court Filing
SCHEDULING AND DISCOVERY ORDER: Amended Pleadings due by 10/26/2012; Discovery due by 1/11/2013; Markman Hearing set for 3/12/2013 09:00 AM in Ctrm 403 (Texarkana) before Magistrate Judge Caroline Craven; Mediation deadline is 10/15/13. Pretrial conference is set for 03/03/14 10:00 AM in Ctrm 403 (Texarkana) before Magistrate Judge Caroline Craven. Signed by Magistrate Judge Caroline Craven on 6/5/12. (bas) (Entered: 06/05/2012)
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Legal Document (Payment Possibly Required) 42 Filed: 6/4/2012, Entered: None
Submission of Proposed Agreed Docket Control/Scheduling order by TQP Development, LLC. (Ni, Hao) (Entered: 06/04/2012)
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Legal Document (Payment Possibly Required) 41 Filed: 5/24/2012, Entered: None Court Filing
MOTION PRACTICE ORDER. Signed by Magistrate Judge Caroline Craven on 5/24/12. (bas) (Entered: 05/24/2012)
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Legal Document (Payment Possibly Required) 40 Filed: 5/24/2012, Entered: None Court Filing
PROTECTIVE ORDER signed by Magistrate Judge Caroline Craven on 5/24/12. (bas) (Entered: 05/24/2012)
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Legal Document (Payment Possibly Required) 39 Filed: 5/24/2012, Entered: None Court Filing
ORDER REGARDING E-DISCOVERY IN PATENT CASES. Signed by Magistrate Judge Caroline Craven on 5/24/2012. (sm, ) (Entered: 05/24/2012)
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Legal Document (Payment Possibly Required) 38 Filed: 5/24/2012, Entered: None Court Filing
Minute Entry for proceedings held before Magistrate Judge Caroline Craven: Scheduling Conference held on 5/24/2012. (Court Reporter Libby Crawford.) (lfs, ) (Entered: 05/24/2012)
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Legal Document (Payment Possibly Required) 37 Filed: 5/23/2012, Entered: None
NOTICE of Attorney Appearance by Darrell Glyn Dotson on behalf of First National Bank of Omaha (Dotson, Darrell) (Entered: 05/23/2012)
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Legal Document (Payment Possibly Required) 36 Filed: 5/11/2012, Entered: None
NOTICE by TQP Development, LLC of Compliance with P.R. 3-1 and 3-2 (Ni, Hao) (Entered: 05/11/2012)
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Legal Document (Payment Possibly Required) 35 Filed: 5/11/2012, Entered: None
NOTICE by TQP Development, LLC Certificate of Interested Parties (Ni, Hao) (Entered: 05/11/2012)
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Legal Document (Payment Possibly Required) 34 Filed: 5/10/2012, Entered: None
***FILED IN ERROR. PLEASE IGNORE.***NOTICE by TQP Development, LLC of Financial Interest (Ni, Hao) Modified on 5/11/2012 (ch, ). (Entered: 05/10/2012)
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Legal Document (Payment Possibly Required) 33 Filed: 5/10/2012, Entered: None
REPLY to Response to Motion re 28 Opposed MOTION to Change Venue to the United States District Court for the District of Nebraska Pursuant to 28 U.S.C. 1404(a)Opposed MOTION to Change Venue to the United States District Court for the District of Nebraska Pursuant to 28 U.S.C. 1404(a)Opposed MOTION to Change Venue to the United States District Court for the District of Nebraska Pursuant to 28 U.S.C. 1404(a)Opposed MOTION to Change Venue to the United States District Court for the District of Nebraska Pursuant to 28 U.S.C. 1404(a)Opposed MOTION to Change Venue to the United States District Court for the District of Nebraska Pursuant to 28 U.S.C. 1404(a)Opposed MOTION to Change Venue to the United States District Court for the District of Nebraska Pursuant to 28 U.S.C. 1404(a)Opposed MOTION to Change Venue to the United States District Court for the District of Nebraska Pursuant to 28 U.S.C. 1404(a) filed by First National Bank of Omaha. (Love, Gregory) (Entered: 05/10/2012)
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Legal Document (Payment Possibly Required) 32 Filed: 5/10/2012, Entered: None
NOTICE by TQP Development, LLC PLAINTIFF TQP DEVELOPMENT, LLCS CERTIFICATE OF CORRECTION TO COMPLAINT FOR PATENT INFRINGEMENT (Attachments: # 1 Exhibit A)(Hoffman, Adam) (Entered: 05/10/2012)
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Legal Document (Payment Possibly Required) 31 Filed: 5/10/2012, Entered: None
REPORT of Rule 26(f) Planning Meeting. (Ni, Hao) (Entered: 05/10/2012)
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Legal Document (Payment Possibly Required) 30 Filed: 5/3/2012, Entered: None
NOTICE by First National Bank of Omaha Certificate of Interested Parties (Love, Gregory) (Entered: 05/03/2012)
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Legal Document (Payment Possibly Required) 29 Filed: 4/30/2012, Entered: None
RESPONSE in Opposition re 28 Opposed MOTION to Change Venue to the United States District Court for the District of Nebraska Pursuant to 28 U.S.C. 1404(a)Opposed MOTION to Change Venue to the United States District Court for the District of Nebraska Pursuant to 28 U.S.C. 1404(a)Opposed MOTION to Change Venue to the United States District Court for the District of Nebraska Pursuant to 28 U.S.C. 1404(a)Opposed MOTION to Change Venue to the United States District Court for the District of Nebraska Pursuant to 28 U.S.C. 1404(a)Opposed MOTION to Change Venue to the United States District Court for the District of Nebraska Pursuant to 28 U.S.C. 1404(a)Opposed MOTION to Change Venue to the United States District Court for the District of Nebraska Pursuant to 28 U.S.C. 1404(a)Opposed MOTION to Change Venue to the United States District Court for the District of Nebraska Pursuant to 28 U.S.C. 1404(a) filed by TQP Development, LLC. (Attachments: # 1 Affidavit Hoffman Dec ISO Response to Motion to Transfer, # 2 Exhibit Ex 1 to Hoffman Declaration, # 3 Text of Proposed Order)(Hoffman, Adam) (Entered: 04/30/2012)
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Legal Document (Payment Possibly Required) 28 Filed: 4/12/2012, Entered: None
Opposed MOTION to Change Venue to the United States District Court for the District of Nebraska Pursuant to 28 U.S.C. 1404(a) by First National Bank of Omaha. (Attachments: # 1 Text of Proposed Order, # 2 Affidavit Declaration of John P. Passarelli, # 3 Exhibit A - Passarelli Declaration: Charles Call Website, # 4 Exhibit B - Passarelli Declaration: Safe Sales Certificate of Formation, # 5 Exhibit C - Passarelli Declaration: Safe Sales Certificate of Amendment, # 6 Exhibit D - Passarelli Declaration: PacID Certificate of Amendment, # 7 Exhibit E - Passarelli Declaration: '730 Patent Abstract of Title, # 8 Exhibit F - Passarelli Declaration: TQP Business Organization Formation, # 9 Exhibit G - Passarelli Declaration: PACER Report of TQP Filings in ED Texas, # 10 Exhibit H - Passarelli Declaration: Public Records Search for 207 N. Washington, # 11 Exhibit I - Passarelli Declaration: Distance Report - Dallas to Marshall, # 12 Exhibit J - Passarelli Declaration: Distance Report - Airport to D. Neb Courthouse, # 13 Exhibit K - Passarelli Declaration: Google Results for Direct Flights to Omaha, # 14 Exhibit L - Passarelli Declaration: American Flights from Dallas to Omaha, # 15 Exhibit M - Passarelli Declaration: US Dist. Ct. Statistical Reports, # 16 Exhibit N - Passarelli Declaration: Banner & Witcoff Website, # 17 Exhibit O - Passarelli Declaration: Docket Sheet for TQP v. FNBO, # 18 Affidavit Declaration of Jeffrey C. Weeks)(Love, Gregory) (Entered: 04/12/2012)
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Legal Document (Payment Possibly Required) 27 Filed: 4/12/2012, Entered: None Court Filing
ORDER REGARDING E-DISCOVERY IN PATENT CASES. Signed by Magistrate Judge Caroline Craven on 4/12/2012. (bas) (Entered: 04/12/2012)
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Legal Document (Payment Possibly Required) 26 Filed: 4/12/2012, Entered: None Court Filing
MOTION PRACTICE ORDER. Signed by Magistrate Judge Caroline Craven on 4/12/2012. (bas) (Entered: 04/12/2012)
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Legal Document (Payment Possibly Required) 25 Filed: 4/12/2012, Entered: None Court Filing
ORDER TO MEET, REPORT, AND APPEAR AT SCHEDULING CONFERENCE, ( Scheduling Conference set for 5/24/2012 10:00 AM in Ctrm 403 (Texarkana) before Magistrate Judge Caroline Craven.) Signed by Magistrate Judge Caroline Craven on 4/12/12. (mrm, ) (Entered: 04/12/2012)
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Legal Document (Payment Possibly Required) 24 Filed: 4/12/2012, Entered: None Court Filing
STANDARD PROTECTIVE ORDER. Signed by Magistrate Judge Caroline Craven on 4/12/2012. (sm, ) (Entered: 04/12/2012)
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Legal Document (Payment Possibly Required) 23 Filed: 4/9/2012, Entered: None
NOTICE by TQP Development, LLC of Readiness for a Scheduling Conference (Ni, Hao) (Entered: 04/09/2012)
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Legal Document (Payment Possibly Required) 22 Filed: 4/5/2012, Entered: None
ANSWER to 1 Complaint (with Affirmative Defenses) by First National Bank of Omaha.(Passarelli, John) (Entered: 04/05/2012)
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Legal Document (Payment Possibly Required) 21 Filed: 4/3/2012, Entered: None
APPLICATION to Appear Pro Hac Vice by Attorney James M Sulentic for First National Bank of Omaha. (APPROVED, FEE PAID 2-1026)(ehs, ) (Entered: 04/03/2012)
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Legal Document (Payment Possibly Required) 20 Filed: 4/3/2012, Entered: None
APPLICATION to Appear Pro Hac Vice by Attorney John P Passarelli for First National Bank of Omaha. (APPROVED, FEE PAID 2-1026) (ehs, ) (Entered: 04/03/2012)
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Legal Document (Payment Possibly Required) 19 Filed: 3/28/2012, Entered: None
NOTICE of Attorney Appearance by Kyle Joseph Nelson on behalf of First National Bank of Omaha (Nelson, Kyle) (Entered: 03/28/2012)
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Legal Document (Payment Possibly Required) 18 Filed: 3/28/2012, Entered: None
NOTICE of Attorney Appearance by Gregory Phillip Love on behalf of First National Bank of Omaha (Love, Gregory) (Entered: 03/28/2012)
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Legal Document (Payment Possibly Required) 17 Filed: 3/14/2012, Entered: None Court Filing
ORDER Plaintiff to file a notice that the case is ready for a schedulingconference when all Defendants have either answered or filed a motion to transfer or dismiss. Thenotice must be filed within five days of the last remaining Defendants answer or motion. The noticemust include a list of any pending motions to dismiss or transfer and a list of any related casespreviously filed in the Eastern District of Texas involving the same patent /patents.It is SO ORDERED.. Signed by Magistrate Judge Caroline Craven on March 14, 2012. (rml, ) (Entered: 03/14/2012)
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Legal Document (Payment Possibly Required) 16 Filed: 3/6/2012, Entered: None
Defendant's Unopposed First Application for Extension of Time to Answer Complaint re First National Bank of Omaha.( Jackson, Jason) (Entered: 03/06/2012)
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Legal Document (Payment Possibly Required) 15 Filed: 3/1/2012, Entered: None
NOTICE of Attorney Appearance by James A Fussell, III on behalf of TQP Development, LLC (Fussell, James) (Entered: 03/01/2012)
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Legal Document (Payment Possibly Required) 14 Filed: 3/1/2012, Entered: None
NOTICE by TQP Development, LLC of Change of Firm Name (Spangler, Andrew) (Entered: 03/01/2012)
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Legal Document (Payment Possibly Required) 13 Filed: 2/24/2012, Entered: None
SUMMONS Returned Executed by TQP Development, LLC. First National Bank of Omaha served on 2/14/2012, answer due 3/6/2012. (ehs, ) (Entered: 02/24/2012)
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Legal Document (Payment Possibly Required) 12 Filed: 2/23/2012, Entered: None Court Filing
ORDER that case is TRANSFERRED to the docket of Honorable Michael Schneider. Signed by Judge David Folsom on 2/22/2012. (sm, ) (Entered: 02/23/2012)
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Legal Document (Payment Possibly Required) 11 Filed: 2/22/2012, Entered: None Court Filing
ORDER REFERRING CASE to Magistrate Judge Caroline Craven for all pretrial purposes. Signed by Judge David Folsom on 2/22/2012. (sm, ) (Entered: 02/22/2012)
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Legal Document (Payment Possibly Required) 10 Filed: 2/22/2012, Entered: None Court Filing
ORDER VACATING Order Referring Case to Magistrate Judge Payne. Signed by Judge David Folsom on 2/22/2012. (sm, ) (Entered: 02/22/2012)
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Legal Document (Payment Possibly Required) 9 Filed: 2/21/2012, Entered: None
NOTICE of Attorney Appearance by Hao Ni on behalf of TQP Development, LLC (Ni, Hao) (Entered: 02/21/2012)
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Legal Document (Payment Possibly Required) 8 Filed: 2/13/2012, Entered: None
NOTICE of Attorney Appearance by Adam S Hoffman on behalf of TQP Development, LLC (Hoffman, Adam) (Entered: 02/13/2012)
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Legal Document (Payment Possibly Required) 7 Filed: 2/13/2012, Entered: None
NOTICE of Attorney Appearance by Alexander Chester Giza on behalf of TQP Development, LLC (Giza, Alexander) (Entered: 02/13/2012)
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Legal Document (Payment Possibly Required) 6 Filed: 2/10/2012, Entered: None
NOTICE of Attorney Appearance by Andrew W. Spangler on behalf of TQP Development, LLC (Spangler, Andrew) (Entered: 02/10/2012)
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Legal Document (Payment Possibly Required) 5 Filed: 2/10/2012, Entered: None
SUMMONS Issued as to First National Bank of Omaha. (ch, ) (Entered: 02/10/2012)
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Legal Document (Payment Possibly Required) 4 Filed: 2/9/2012, Entered: None
Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Fenster, Marc) (Entered: 02/09/2012)
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Legal Document (Payment Possibly Required) 3 Filed: 2/9/2012, Entered: None
NOTICE by TQP Development, LLC of Related Cases (Fenster, Marc) (Entered: 02/09/2012)
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Legal Document (Payment Possibly Required) 2 Filed: 2/9/2012, Entered: None
CORPORATE DISCLOSURE STATEMENT filed by TQP Development, LLC (Fenster, Marc) (Entered: 02/09/2012)
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Legal Document (Payment Possibly Required) 1 Filed: 2/9/2012, Entered: None
COMPLAINT against First National Bank of Omaha ( Filing fee $ 350 receipt number 0540-3440840.), filed by TQP Development, LLC. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet, # 3 Civil Cover Sheet Attachment)(Fenster, Marc) (Entered: 02/09/2012)
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