Digital Choice of Texas, LLC v. Dell, Inc

Federal Civil Lawsuit Texas Eastern District Court, Case No. 2:07-cv-00206
Magistrate Judge Charles Everingham, presiding
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Magistrate Judge Charles Everingham
Last Updated December 24, 2016 at 11:05 PM EST (8.2 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Digital Choice Of Texas, L.l.c, Plaintiff

Represented by Albritton Law Firm

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Eric M. Albritton +1 903 757 8449 +1 903 758 7397 ema@emafirm.com

Represented by Nelson Bumgardner Casto PC

Name Phone Fax E-Mail
TERMINATED: 06/26/2008 Brent Nelson Bumgardner +1 817 377 3490 +1 817 377 3485 brent@nelbum.com
ATTORNEY TO BE NOTICED G Donald Puckett +1 817 377 9111 +1 817 377 3485 puckett@nelbum.com

Represented by SUITE 4600

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Eric Sean Tautfest +1 214 954 4135 +1 469 320 6901 etautfest@grayreed.com

Represented by Tadlock Law Firm

Name Phone Fax E-Mail
TERMINATED: 10/31/2008 James Scott Hacker +1 903 757 8449 +1 903 758 7397 jsh@emafirm.com

Represented by The Davis Firm, PC-Longview

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED William Ellsworth Davis, III +1 903 230 9090 +1 903 230 9661 bdavis@bdavisfirm.com

Represented by The Ware Firm

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Mark William Born +1 214 744 5000 +1 214 744 5013 mborn@thewarefirm.com
ATTORNEY TO BE NOTICED Leslie Dale Ware +1 214 744 5000 +1 214 744 5013 lware@thewarefirm.com
Dell, Inc. Dell, Inc., Counter-Claimant
Officer/Director, Dell International L.l.c.
Dell Computer Corporation Officer/Director, Dell Computer Corporation
Officer/Director, Perot Systems Corp
Officer/Director, Quest Software, Inc.
VMware, Inc. Officer/Director, VMware, Inc.
v.
Dell, Inc. Dell, Inc., Defendant
Officer/Director, Dell International L.l.c.
Dell Computer Corporation Officer/Director, Dell Computer Corporation
Officer/Director, Perot Systems Corp
Officer/Director, Quest Software, Inc.
VMware, Inc. Officer/Director, VMware, Inc.

Represented by Baker Botts, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Roger Joseph Fulghum +1 713 229 1707 +1 713 229 2707 roger.fulghum@bakerbotts.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Scott F Partridge +1 713 229 1569 +1 713 229 7769 scott.partridge@bakerbotts.com
ATTORNEY TO BE NOTICED Tammy M Pennington +1 713 229 1972 +1 713 229 7772 tammy.pennington@bakerbotts.com

Represented by Siebman, Burg, Phillips & Smith LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Michael Charles Smith +1 903 938 8900 +1 972 767 4620 michaelsmith@siebman.com
No Logo Digital Choice Of Texas, L.l.c, Counter-Defendant
Attributes
Citation Section 35 U.S.C. § 271
Nature of Suit 830 - Property Rights: Patent
Timeline
  Entries (56) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 56 Filed: 3/11/2010, Entered: None Court Filing
ORDER DISMISSING CASE - granting 55 Stipulation of Dismissal. All claims and counterclaims asserted between plaintiff and dft are hereby dismissed with prejudice. All attorney fees and costs are to be borne by the party that incurred them. Signed by Magistrate Judge Charles Everingham on 3/11/2010. (ch, ) (Entered: 03/11/2010)
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Legal Document (Payment Possibly Required) 55 Filed: 3/10/2010, Entered: None
STIPULATION of Dismissal of Dell Inc. with Prejudice by Digital Choice of Texas, LLC. (Attachments: # 1 Text of Proposed Order)(Davis, William) (Entered: 03/10/2010)
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Legal Document (Payment Possibly Required) 54 Filed: 2/25/2010, Entered: None Court Filing
ORDER granting 53 Motion to Continue. Deadlines in this action are stayed pending the submission of a joint motion to dismiss on or before March 10, 2010. Signed by Magistrate Judge Charles Everingham on 2/25/10. (ehs, ) (Entered: 02/25/2010)
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Legal Document (Payment Possibly Required) 53 Filed: 2/24/2010, Entered: None
Joint MOTION to Continue Stay of Deadlines by Dell, Inc. (Attachments: # 1 Text of Proposed Order)(Fulghum, Roger) (Entered: 02/24/2010)
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Legal Document (Payment Possibly Required) 52 Filed: 1/21/2010, Entered: None Court Filing
ORDER granting 51 Motion to Stay Deadlines pending the submission of a joint motion to dismiss with prejudice within thirty days of the date of this order. Signed by Magistrate Judge Charles Everingham on 1/21/10. (ehs, ) (Entered: 01/21/2010)
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Legal Document (Payment Possibly Required) 51 Filed: 1/19/2010, Entered: None
Joint MOTION to Stay Deadlines by Dell, Inc. (Attachments: # 1 Text of Proposed Order)(Fulghum, Roger) (Entered: 01/19/2010)
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Legal Document (Payment Possibly Required) 50 Filed: 12/15/2009, Entered: None Court Filing
ORDER granting 49 Motion for Extension of Time to Complete Discovery. Deadline extended to 12/17/09. Signed by Magistrate Judge Charles Everingham on 12/15/09. (ehs, ) (Entered: 12/15/2009)
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Legal Document (Payment Possibly Required) 49 Filed: 12/14/2009, Entered: None
Joint MOTION for Extension of Time to Complete Discovery and Comply with P.R. 4-2 by Digital Choice of Texas, LLC. (Attachments: # 1 Text of Proposed Order)(Davis, William) (Entered: 12/14/2009)
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Legal Document (Payment Possibly Required) 48 Filed: 11/24/2009, Entered: None Court Filing
ORDER granting 47 Motion to Amend docket control order. Deadlines in this case: December 14, 2009 Comply with P.R. 4-2. January 18, 2010 Comply with P.R. 4-3. February 19, 2010 Close of discovery for claim-construction issues. March 19, 2010 Comply with P.R. 4-5(a). April 23, 2010 Comply with P.R. 4-5(b)May 21, 2010 Comply with P.R. 4-5(c). All current deadlines not referenced in this Order are unchanged. Signed by Magistrate Judge Charles Everingham on 11/24/09. (ehs, ) (Entered: 11/24/2009)
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Legal Document (Payment Possibly Required) 47 Filed: 11/23/2009, Entered: None
Joint MOTION to Amend/Correct 35 Order, Set Deadlines/Hearings, Terminate Motions,,,,,, by Dell, Inc. (Attachments: # 1 Text of Proposed Order)(Fulghum, Roger) (Entered: 11/23/2009)
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Legal Document (Payment Possibly Required) 46 Filed: 11/12/2009, Entered: None
NOTICE of Disclosure by Digital Choice of Texas, LLC of Plaintiff's Initial Disclosures (Davis, William) (Entered: 11/12/2009)
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Legal Document (Payment Possibly Required) 45 Filed: 10/12/2009, Entered: None
NOTICE of Disclosure by Dell, Inc Patent Rule 4-1 Disclosures (Fulghum, Roger) (Entered: 10/12/2009)
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Legal Document (Payment Possibly Required) 44 Filed: 10/9/2009, Entered: None
NOTICE of Disclosure by Digital Choice of Texas, LLC of Patent Rule 4-1 (Tautfest, Eric) (Entered: 10/09/2009)
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Legal Document (Payment Possibly Required) 43 Filed: 3/24/2009, Entered: None
NOTICE of Attorney Appearance by William Ellsworth Davis, III on behalf of Digital Choice of Texas, LLC (Davis, William) (Entered: 03/24/2009)
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Legal Document (Payment Possibly Required) 42 Filed: 3/2/2009, Entered: None
NOTICE of Attorney Appearance by Tammy M Pennington on behalf of Dell, Inc (Pennington, Tammy) (Entered: 03/02/2009)
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Legal Document (Payment Possibly Required) 41 Filed: 1/29/2009, Entered: None
NOTICE of Change of Address by Gordie Donald Puckett (Puckett, Gordie) (Entered: 01/29/2009)
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Legal Document (Payment Possibly Required) 40 Filed: 11/13/2008, Entered: None
NOTICE of Disclosure by Dell, Inc (Fulghum, Roger) (Entered: 11/13/2008)
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Legal Document (Payment Possibly Required) 39 Filed: 11/12/2008, Entered: None
NOTICE of Disclosure by Digital Choice of Texas, LLC Plaintiff's Initial Disclosures (Tautfest, Eric) (Entered: 11/12/2008)
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Legal Document (Payment Possibly Required) 38 Filed: 10/31/2008, Entered: None Court Filing
ORDER granting 37 Motion to Withdraw J Scott Hacker as counsel for Digital Choice of Texas. Signed by Magistrate Judge Charles Everingham on 10/30/08. (ehs, ) (Entered: 10/31/2008)
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Legal Document (Payment Possibly Required) 37 Filed: 10/28/2008, Entered: None
Unopposed MOTION to Withdraw Unopposed Motion to Withdraw J. Scott Hacker as Counsel by Digital Choice of Texas, LLC. (Attachments: # 1 Text of Proposed Order)(Albritton, Eric) (Entered: 10/28/2008)
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Legal Document (Payment Possibly Required) 36 Filed: 10/27/2008, Entered: None
***DEFICIENT DOCUMENT, PLEASE IGNORE.***MOTION to Withdraw Motion to Withdraw J. Scott Hacker as Counsel of Record by Digital Choice of Texas, LLC. (Attachments: # 1 Text of Proposed Order)(Albritton, Eric) Modified on 10/27/2008 (sm, ). (Entered: 10/27/2008)
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Legal Document (Payment Possibly Required) 35 Filed: 10/2/2008, Entered: None Court Filing
DOCKET CONTROL ORDER - Amended Pleadings due by 1/29/2010. Discovery due by 8/27/2010. Joinder of Parties due by 12/29/2008. Markman Hearing set for 7/21/2010 09:00 AM before Magistrate Judge Charles Everingham. Motions due by 10/11/2010. Proposed Pretrial Order due by 10/18/2010. Jury Trial set for 11/1/2010 09:00 AM before Magistrate Judge Charles Everingham. Pretrial Conference set for 10/25/2010 01:30 PM before Magistrate Judge Charles Everingham. Signed by Magistrate Judge Charles Everingham on 10/2/08. (ehs, ) (Entered: 10/02/2008)
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Legal Document (Payment Possibly Required) 34 Filed: 10/2/2008, Entered: None Court Filing
DISCOVERY ORDER. Signed by Magistrate Judge Charles Everingham on 10/2/08. (ehs, ) (Entered: 10/02/2008)
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Legal Document (Payment Possibly Required) 33 Filed: 8/15/2008, Entered: None Court Filing
ORDER assigning case to Judge Everingham by consent of the parties for all further proceedings and entry of judgment. Signed by Judge T. John Ward on 8/15/08. (ch, ) (Entered: 08/15/2008)
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Legal Document (Payment Possibly Required) 32 Filed: 8/15/2008, Entered: None Court Filing
CONSENT to Proceed Before US Magistrate Judge Everingham by Digital Choice of Texas, LLC, Dell, Inc. Case reassigned to Magistrate Judge Charles Everingham. (ch, ) (Entered: 08/15/2008)
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Legal Document (Payment Possibly Required) 31 Filed: 8/12/2008, Entered: None
Joint MOTION for Discovery Control Order and Docket Control Order by Digital Choice of Texas, LLC. (Attachments: # 1 Text of Proposed Order Discovery Order, # 2 Text of Proposed Order Docket Control Order)(Puckett, Gordie) (Entered: 08/12/2008)
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Legal Document (Payment Possibly Required) 30 Filed: 7/28/2008, Entered: None
NOTICE of Attorney Appearance by Eric Sean Tautfest on behalf of Digital Choice of Texas, LLC (Tautfest, Eric) (Entered: 07/28/2008)
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Legal Document (Payment Possibly Required) 29 Filed: 7/25/2008, Entered: None
NOTICE of Attorney Appearance by James Scott Hacker on behalf of Digital Choice of Texas, LLC (Hacker, James) (Entered: 07/25/2008)
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Legal Document (Payment Possibly Required) 28 Filed: 6/26/2008, Entered: None Court Filing
ORDER - Status Conference set for 7/29/2008 09:00 AM before Judge T. John Ward and Honorable Chad Everingham. Signed by Judge T. John Ward on 6/26/08. (ch, ) (Entered: 06/26/2008)
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Legal Document (Payment Possibly Required) 27 Filed: 6/26/2008, Entered: None Court Filing
ORDER granting 26 Motion to Withdraw as Attorney. Attorney Brent Nelson Bumgardner terminated. Signed by Judge T. John Ward on 6/26/08. (ehs, ) (Entered: 06/26/2008)
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Legal Document (Payment Possibly Required) 26 Filed: 6/24/2008, Entered: None
MOTION to Withdraw as Attorney Brent N. Bumgardner by Digital Choice of Texas, LLC. (Attachments: # 1 Text of Proposed Order on Plaintiff's Unopposed Motion For Withdrawal of Counsel)(Puckett, Gordie) (Entered: 06/24/2008)
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Legal Document (Payment Possibly Required) 25 Filed: 4/8/2008, Entered: None
NOTICE of Change of Address by Brent Nelson Bumgardner (Bumgardner, Brent) (Entered: 04/08/2008)
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Legal Document (Payment Possibly Required) 24 Filed: 1/3/2008, Entered: None Court Filing
PROTECTIVE ORDER. Signed by Judge T. John Ward on 1/3/08. (ch, ) (Entered: 01/03/2008)
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Legal Document (Payment Possibly Required) 23 Filed: 1/2/2008, Entered: None
Joint MOTION for Protective Order by Digital Choice of Texas, LLC. (Attachments: # 1 Text of Proposed Order)(Bumgardner, Brent) (Entered: 01/02/2008)
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Legal Document (Payment Possibly Required) 22 Filed: 1/2/2008, Entered: None
***FILED IN ERROR, PLEASE IGNORE.***Joint MOTION for Protective Order by Digital Choice of Texas, LLC. (Attachments: # 1 Text of Proposed Order Joint Motion for Protective Order)(Bumgardner, Brent) Modified on 1/3/2008 (sm, ). (Entered: 01/02/2008)
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Legal Document (Payment Possibly Required) 21 Filed: 1/2/2008, Entered: None Court Filing
ORDER granting 20 Unopposed Motion for extension of due date for Dell Inc., Disclosures. Deadline for Dell to comply with P.R. 3-4(a) is 1/11/08. Signed by Judge T. John Ward on 1/2/08. (ch, ) (Entered: 01/02/2008)
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Legal Document (Payment Possibly Required) 20 Filed: 12/21/2007, Entered: None
MOTION for Extension of Time to File (SERVE) Patent Rule 3-4(a) Disclosures, Unopposed by Dell, Inc. (Attachments: # 1 Text of Proposed Order)(Fulghum, Roger) (Entered: 12/21/2007)
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Legal Document (Payment Possibly Required) 19 Filed: 12/21/2007, Entered: None
NOTICE of Disclosure by Dell, Inc of Invalidity Contentions (Fulghum, Roger) (Entered: 12/21/2007)
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Legal Document (Payment Possibly Required) 18 Filed: 10/29/2007, Entered: None
NOTICE of Disclosure by Digital Choice of Texas, LLC Asserted Claims and Infringement Contentions (Bumgardner, Brent) (Entered: 10/29/2007)
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Legal Document (Payment Possibly Required) 17 Filed: 10/23/2007, Entered: None Court Filing
EARLY DISCOVERY ORDER - the court, sua sponte, orders the following. Signed by Judge T. John Ward on 10/23/07. (ch, ) (Entered: 10/23/2007)
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Legal Document (Payment Possibly Required) 16 Filed: 10/15/2007, Entered: None
CORPORATE DISCLOSURE STATEMENT filed by Digital Choice of Texas, LLC identifying Parental Guide Company, LLC as Corporate Parent. (Bumgardner, Brent) (Entered: 10/15/2007)
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Legal Document (Payment Possibly Required) 15 Filed: 10/15/2007, Entered: None
***FILED IN ERROR. ATTY WILL REFILE*** MOTION for Disclosure Statement by Digital Choice of Texas, LLC. (Bumgardner, Brent) Modified on 10/15/2007 (ch, ). (Entered: 10/15/2007)
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Legal Document (Payment Possibly Required) 14 Filed: 7/31/2007, Entered: None
RESPONSE to 12 Answer to Complaint, Counterclaim of Defendant Dell, Inc., by Digital Choice of Texas, LLC. (Bumgardner, Brent) (Entered: 07/31/2007)
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Legal Document (Payment Possibly Required) 13 Filed: 7/18/2007, Entered: None
NOTICE of Attorney Appearance by Roger Joseph Fulghum on behalf of Dell, Inc (Fulghum, Roger) (Entered: 07/18/2007)
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Legal Document (Payment Possibly Required) 12 Filed: 7/18/2007, Entered: None
ANSWER to Complaint, COUNTERCLAIM against Digital Choice of Texas, LLC by Dell, Inc.(Partridge, Scott) (Entered: 07/18/2007)
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Legal Document (Payment Possibly Required) 11 Filed: 7/18/2007, Entered: None
NOTICE of Designation of Attorney in Charge to Scott F Partridge on behalf of Dell, Inc (Partridge, Scott) (Entered: 07/18/2007)
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Legal Document (Payment Possibly Required) 10 Filed: 6/25/2007, Entered: None Court Filing
ORDER granting 9 Motion for Extension of Time to Answer. Dell, Inc's deadline is extended to 7/18/07 . Signed by Judge T. John Ward on 6/25/07. (ch, ) (Entered: 06/25/2007)
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Legal Document (Payment Possibly Required) 9 Filed: 6/15/2007, Entered: None
MOTION for Extension of Time to File Answer re 1 Complaint Unopposed by Dell, Inc. (Attachments: # 1 Text of Proposed Order)(Smith, Michael) (Entered: 06/15/2007)
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Legal Document (Payment Possibly Required) 8 Filed: 6/4/2007, Entered: None
Form mailed to Commissioner of Patents and Trademarks. (ch, ) (Entered: 06/04/2007)
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Legal Document (Payment Possibly Required) 7 Filed: 5/29/2007, Entered: None
NOTICE by Digital Choice of Texas, LLC (Albritton, Eric) (Entered: 05/29/2007)
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Legal Document (Payment Possibly Required) 6 Filed: 5/23/2007, Entered: None
E-GOV SEALED SUMMONS Issued as to Dell, Inc. (poa, ) Additional attachment(s) added on 5/24/2007 (poa, ). (Entered: 05/24/2007)
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Legal Document (Payment Possibly Required) 5 Filed: 5/24/2007, Entered: None
NOTICE of Attorney Appearance by Mark William Born on behalf of Digital Choice of Texas, LLC (Born, Mark) (Entered: 05/24/2007)
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Legal Document (Payment Possibly Required) 4 Filed: 5/24/2007, Entered: None
NOTICE of Attorney Appearance by Leslie Dale Ware on behalf of Digital Choice of Texas, LLC (Ware, Leslie) (Entered: 05/24/2007)
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Legal Document (Payment Possibly Required) 3 Filed: 5/24/2007, Entered: None
NOTICE of Attorney Appearance by Gordie Donald Puckett on behalf of Digital Choice of Texas, LLC (Puckett, Gordie) (Entered: 05/24/2007)
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Legal Document (Payment Possibly Required) 2 Filed: 5/24/2007, Entered: None
NOTICE of Attorney Appearance by Brent Nelson Bumgardner on behalf of Digital Choice of Texas, LLC (Bumgardner, Brent) (Entered: 05/24/2007)
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Legal Document (Payment Possibly Required) 1 Filed: 5/23/2007, Entered: None
COMPLAINT against Dell, Inc ( Filing fee $ 350 receipt number 1135721.), filed by Digital Choice of Texas, LLC. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Civil Cover Sheet)(Albritton, Eric) (Entered: 05/23/2007)
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