Dell Financial Serv. v. Onesoft Corporation, et al

Federal Civil Lawsuit Virginia Eastern District Court, Case No. 1:01-cv-00625-JCC
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Parties
Dell Computer Corporation Dell Computer Corporation, Plaintiff
Officially listed as "Dell Financial Services L.P."

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Scott Alton Mills +1 703 584 3257 +1 703 848 8333

Represented by Troutman Sanders, LLP

Name Phone Fax E-Mail
Space Mary Catherine Zinsner +1 703 734 4363 +1 703 734 4340 mary.zinsner@troutmansanders.com
v.
No Logo Etensity Acquisition Sub, Inc., Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Bradley R. Duncan +1 703 714 7400

Represented by 300 N. Washington Street

Name Phone Fax E-Mail
Space Kevin Martin O'Donnell +1 703 273 1900 kmo@henrylaw.com

Represented by Law Office of Scott H. Marcus & Assoc.

Name Phone Fax E-Mail
Space Paul D. Economon +1 703 288 8232 paul@plurapage.com
No Logo Etensity, Inc., Defendant

Represented by Law Office of Scott H. Marcus & Assoc.

Name Phone Fax E-Mail
Space Paul D. Economon +1 703 288 8232 paul@plurapage.com
Attributes
Office Alexandria
Filed 4/20/2001
Jury Demand Plaintiff
Demand $1000000
Nature of Suit 190 - Contract: Other Contract Actions
Cause Section 28 U.S.C. § 1332 Diversity-Breach of Contract
Jurisdiction Diversity
Disposition Dismissed - Other
County Out of State
Terminated 10/19/2001
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flags CLOSED, JURY, PROTO
Timeline
  Entries (71) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 59 Filed: 10/19/2001, Entered: 10/19/2001 OrderCourt Filing
ORDER, it appearing that the deft, Onesoft Acquisition Subsidiary, Inc. has filed a petition in bankruptcy, it is hereby ORDERED that this action is Stayed as to that deft pending the resolution of the said bankruptcy proceeding and that until this action is reactivated, it shall be stricken from the active docket and no longer be considered a pending case. ( signed by Judge James C. Cacheris ) Copies Mailed: yes [EOD Date: 10/19/01] (mcke)
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Blank 58 Filed: 10/19/2001, Entered: 10/19/2001 OrderCourt Filing
ORDER, it appearing that the deft, Etensity, Inc. has filed a petition in bankruptcy, it is hereby ORDERED this action is Stayed as to that deft pending the resolution of the said bankruptcy proceeding and that until this action is reactivated, it shall be stricken from the active docket and no longer be considered a pending case. ( signed by Judge James C. Cacheris ) Copies Mailed: yes [EOD Date: 10/19/01] (mcke)
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Blank -- Filed: 10/19/2001, Entered: 10/19/2001 Docket Annotation
all pleadings accounted for (mcke)
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Blank -- Filed: 10/19/2001, Entered: 10/19/2001 Case Assigned/Reassigned
CASE assigned to Judge James C. Cacheris (mcke)
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Blank -- Filed: 10/19/2001, Entered: 10/19/2001 Terminated Case
Case closed (mcke)
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Blank 57 Filed: 10/17/2001, Entered: 10/18/2001 OrderCourt Filing
Consent Order granting [56-1] motion by Etensity, Inc. for the law firm of Hunton & Williams to Withdraw as counsel of record ( signed by Judge James C. Cacheris ) Copies Mailed: yes (mcke)
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Blank 56 Filed: 10/16/2001, Entered: 10/16/2001, Terminated: 10/17/2001 Motion to Withdraw as Attorney
CONSENT MOTION by Etensity, Inc. for Hunton & Williams to Withdraw as counsel of record (mcke)
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Blank 55 Filed: 10/16/2001, Entered: 10/16/2001 Suggestion of Bankruptcy
SUGGESTION in BANKRUPTCY by Etensity, Inc. as to Etensity, Inc. (mcke)
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Blank 54 Filed: 9/27/2001, Entered: 10/1/2001 OrderCourt Filing
ORDER, that Default Judgment be entered in favor of pltf against Onesoft Corporation in the amount of $1,182,174.10, plus interest at 18% per annum from 7/12/01 until the date of judgment, plus $29,838.50 in fees and $305.94 in expenses (see order for details) (signed by Judge Gerald B. Lee) Copies Mailed: Yes [EOD Date: 10/1/01] (kjon)
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Blank 53 Filed: 9/19/2001, Entered: 9/20/2001 Notice
Praecipe by Dell Financial Serv. Withdrawing [49-1] motion by Dell Financial Serv. for leave to Amend [1-1] complaint by Dell Financial Serv. (clar)
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Blank 52 Filed: 9/19/2001, Entered: 9/19/2001 Response
Response by Etensity, Inc. to [49-1] motion by Dell Financial Serv. for leave to Amend [1-1] complaint (clar)
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Blank 51 Filed: 9/18/2001, Entered: 9/18/2001 Suggestion of Bankruptcy
SUGGESTION OF BANKRUPTCY by Etensity Acquisition as to Etensity Acquisition (Onesoft Acquisition Subsidiary, Inc. (hereinafter "Onesoft"), f/k/a Etensity Acquistion Subsidiary, Inc) (mcke)
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Blank 50 Filed: 9/14/2001, Entered: 9/17/2001 Notice of Hearing.
NOTICE of Hearing: Motion Hearing Deadline set for 10:00 9/21/01 for [49-1] motion by Dell Financial Serv. for leave to Amend [1-1] complaint (clar)
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Blank 49 Filed: 9/14/2001, Entered: 9/17/2001 Motion to Amend/Correct
MOTION with Memorandum in Support by Dell Financial Serv. for leave to Amend [1-1] complaint (clar)
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Blank 48 Filed: 9/7/2001, Entered: 9/10/2001 Transcript
TRANSCRIPT proceedings for dates of 8/24/01 (GBL) (mcke)
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Blank 46 Filed: 8/31/2001, Entered: 9/4/2001 Miscellaneous DocumentCourt Filing
REPORT AND RECOMMENDATIONS of Magistrate Judge Thomas R. Jones Jr. Re: ; Motion no longer referred Objections to R and R due by 9/17/01 Copies Mailed: yes (file sent to CMH) (mcke)
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Blank 45 Filed: 8/31/2001, Entered: 9/4/2001 Affidavit
AFFIDAVIT of Mary Catherine Zinsner by Dell Financial Serv. Re: in support of request for atty's fees (mcke)
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Blank -- Filed: 8/31/2001, Entered: 8/31/2001 Docket Annotation
Per TCB chambers motions set for 8/31/01 resolved (clar)
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Blank 44 Filed: 8/29/2001, Entered: 8/30/2001 Notice
Praecipe by Dell Financial Serv. Withdrawing [35-1] motion by Etensity, Inc. for extension of time in which to file objections to plaintiff's second interrogatories and request for production of documents by Etensity, Inc., [33-1] motion by Etensity, Inc. for extension of time in which to file objections to plaintiff's second interrotgatories and request for production of documents by Etensity, Inc., [30-1] motion by Dell Financial Serv. to Compel discovery by Dell Financial Serv. (clar)
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Blank 47 Filed: 8/28/2001, Entered: 9/5/2001 OrderCourt Filing
ORDER for reasons stated in open court, [28-1] motion by Dell Financial Serv. for Summary Judgment against Etensity Acquisition Sub, Inc. is denied. ( signed by Judge Gerald B. Lee ) Copies Mailed: y [EOD Date: 9/5/01] (jsol)
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Blank 43 Filed: 8/24/2001, Entered: 8/24/2001 OrderCourt Filing
ORDER, Soria Rewari for admission pro hac vice Filing Fee Paid $ 25 Receipt # 148328 ( signed by Judge Gerald B. Lee ) Copies Mailed: y [EOD Date: 8/24/01] (jsol) Modified on 09/04/2001
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Blank -- Filed: 8/24/2001, Entered: 8/24/2001 Minutes-Miscellaneous
Minute entry: (GBL) r: Wilson. Appearances: Counsel. On for hearing on pltf motion for SJ againse EAS - argued and denied. Order to follow. (jsol)
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Blank -- Filed: 8/24/2001, Entered: 8/24/2001 Set/Reset Deadlines:
Deadline updated; Motion Hearing Deadline set for 10:00 8/31/01 for [35-1] motion by Etensity, Inc. for extension of time in which to file objections to plaintiff's second interrogatories and request for production of documents, set for 10:00 8/31/01 for [33-1] motion by Etensity, Inc. for extension of time in which to file objections to plaintiff's second interrotgatories and request for production of documents, set for 10:00 8/31/01 for [30-1] motion by Dell Financial Serv. to Compel discovery (clar)
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Blank 42 Filed: 8/23/2001, Entered: 8/23/2001 Affidavit
SUPPLEMENTAL AFFIDAVIT of Ed McCracken (Exhibit B) (clerk)
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Blank 41 Filed: 8/23/2001, Entered: 8/23/2001 Response/Reply - Miscellaneous
REPLY MEMORANDUM in support by Dell Financial Serv. of [28-1] motion by Dell Financial Serv. for Summary Judgment against Etensity Acquisition Sub, Inc. (clerk)
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Blank 40 Filed: 8/20/2001, Entered: 8/21/2001 Memorandum in Opposition
Brief by Onesoft Corporation in opposition to [28-1] motion by Dell Financial Serv. for Summary Judgment against Etensity Acquisition Sub, Inc. (clar)
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Blank 39 Filed: 8/20/2001, Entered: 8/21/2001 Memorandum in Opposition
MEMORANDUM by Dell Financial Serv. in opposition to [35-1] motion by Etensity, Inc. for extension of time in which to file objections to plaintiff's second interrogatories and request for production of documents (clar)
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Blank 38 Filed: 8/20/2001, Entered: 8/21/2001 Memorandum in Opposition
MEMORANDUM by Etensity Acquisition in opposition to [28-1] motion by Dell Financial Serv. for Summary Judgment against Etensity Acquisition Sub, Inc. (clar)
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Blank 37 Filed: 8/17/2001, Entered: 8/20/2001 Notice of Appearance
NOTICE of Attorney Appearance for Etensity, Inc. by Arthur Eric Schmalz (ppal)
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Blank 36 Filed: 8/17/2001, Entered: 8/20/2001 Notice of Hearing.
NOTICE of Hearing: Motion Hearing Deadline set for 10:00 8/24/01 for [35-1] motion by Etensity, Inc. for extension of time in which to file objections to plaintiff's second interrogatories and request for production of documents (clar)
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Blank 35 Filed: 8/17/2001, Entered: 8/20/2001 Motion for Extension
MOTION by Etensity, Inc. for extension of time in which to file objections to plaintiff's second interrogatories and request for production of documents (clar)
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Blank 34 Filed: 8/17/2001, Entered: 8/20/2001 Notice of Hearing.
NOTICE of Hearing: Motion Hearing Deadline set for 10:00 8/24/01 for [33-1] motion by Etensity, Inc. for extension of time in which to file objections to plaintiff's second interrotgatories and request for production of documents (clar)
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Blank 33 Filed: 8/17/2001, Entered: 8/20/2001 Motion for Extension
MOTION with Memorandum in Support by Etensity, Inc. for extension of time in which to file objections to plaintiff's second interrotgatories and request for production of documents (clar)
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Blank 32 Filed: 8/10/2001, Entered: 8/10/2001 Notice of Hearing.
Re-NOTICE of Hearing: Motion Hearing Deadline set for 10:00 8/24/01 for [30-1] motion by Dell Financial Serv. to Compel discovery (clar)
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Blank 31 Filed: 8/9/2001, Entered: 8/10/2001 Notice of Hearing.
NOTICE of Hearing: Motion Hearing Deadline set for 10:00 8/17/01 for [30-1] motion by Dell Financial Serv. to Compel discovery (clar)
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Blank 30 Filed: 8/9/2001, Entered: 8/10/2001 Motion to Compel
Second MOTION with Memorandum in Support by Dell Financial Serv. to Compel discovery (clar)
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Blank 29 Filed: 8/9/2001, Entered: 8/10/2001 Notice of Hearing.
NOTICE of Hearing: Motion Hearing Deadline set for 10:00 8/24/01 for [28-1] motion by Dell Financial Serv. for Summary Judgment against Etensity Acquisition Sub, Inc. (mcke)
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Sealed Legal Document 28 Filed: 8/9/2001, Entered: 8/10/2001, Terminated: 8/28/2001 Motion for Summary Judgment
MOTION with Memorandum in Support by Dell Financial Serv. by Dell Financial Serv. for Summary Judgment against Etensity Acquisition Sub, Inc. (FILED UNDER SEAL) (mcke)
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Blank -- Filed: 7/30/2001, Entered: 7/30/2001 Minutes-Miscellaneous
Minute entry: Mag. Judge Jones. Rpt. Rudiger and Green. Tape 208. Appearance of counsel. Matter called, argued and pltf's motion to compel- granted. Pltf's motion for default- unopposed. Order to be entered. (dana)
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Blank 27 Filed: 7/27/2001, Entered: 7/30/2001 Affidavit
AFFIDAVIT of Mary Catherine Zinsner Re: [22-1] motion by Dell Financial Serv. for Default Judgment against Onesoft Corporation (mcke)
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Blank 26 Filed: 7/26/2001, Entered: 7/26/2001 Remark
Supplemental Memorandum filed by plaintiff Dell Financial Serv. in support of [24-1] motion by Dell Financial Serv. to Compel Discovery (clar)
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Blank 25 Filed: 7/20/2001, Entered: 7/23/2001 Notice of Hearing.
NOTICE of Hearing: Motion Hearing Deadline set for 10:00 7/27/01 for [24-1] motion by Dell Financial Serv. to Compel Discovery (clar)
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Blank 24 Filed: 7/20/2001, Entered: 7/23/2001 Motion to Compel
MOTION with Memorandum in Support by Dell Financial Serv. to Compel Discovery (clar)
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Blank 23 Filed: 7/20/2001, Entered: 7/23/2001 Notice of Hearing.
NOTICE of Hearing: Motion Hearing Deadline set for 10:00 7/27/01 for [22-1] motion by Dell Financial Serv. for Default Judgment against Onesoft Corporation (clar)
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Blank 22 Filed: 7/20/2001, Entered: 7/23/2001 Motion for Default Judgment
MOTION with Memorandum in Support by Dell Financial Serv. by Dell Financial Serv. for Default Judgment against Onesoft Corporation (clar)
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Blank 21 Filed: 7/11/2001, Entered: 7/11/2001 OrderCourt Filing
Consent Order for Protective Order re: Confidential material (see order for more details) ( signed by Judge T. S. Ellis III ) Copies Mailed: yes (mcke)
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Blank -- Filed: 7/11/2001, Entered: 7/11/2001 Set/Clear Flags
**Set Protective Order Flag. (mcke)
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Blank 20 Filed: 7/2/2001, Entered: 7/3/2001 OrderCourt Filing
Rule 16(B) Scheduling Order - Pursuant to the Rule 16(B) Conference it is hereby ordered that: the rule 26(f) report annexed to this order, is approved and shall control discovery to the extent of its application unless modified by the court. each deft who has not yet appeared shall make rule 26(a)(1) disclosures within eleven days after responding to the complaint, and all other parties who have then appeared shall make their disclosures to such deft within that period. Any motion to amend the pleadings or to join a party shall be made as soon as possible after counsel becomes aware of the grounds for the motion. Unless the parties submit a consent order under local rule 26(d)(1) within (5) days, expert discovery shall be governed by local rule 26(d)(2-4) (see order for details) ( signed by Magistrate Judge Barry R. Poretz ) Copies Mailed: yes (mcke)
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Blank -- Filed: 6/27/2001, Entered: 6/28/2001 Pretrial Conference - Initial
Initial pretrial conference held, MJ Poretz, Appearances: Counsel, Discovery Plan - approved as submitted. Order to follow. (mcke)
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Blank 19 Filed: 6/21/2001, Entered: 6/21/2001 Discovery - Miscellaneous
JOINT Rule 26(f) Discovery Plan and Report by Dell Financial Serv., Onesoft Corporation, Etensity, Inc., Etensity Acquisition (ppal)
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Blank 18 Filed: 6/4/2001, Entered: 6/4/2001 Clerks Entry of Default*
CLERK'S ENTRY OF DEFAULT as to Onesoft Corporation granting [16-1] motion by Dell Financial Serv. for Entry of Default as to Onesoft Corporation (mcke)
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Blank 17 Filed: 6/1/2001, Entered: 6/4/2001 Affidavit
AFFIDAVIT of Mary C. Zinsner by Dell Financial Serv. Re: [16-1] in support of motion by Dell Financial Serv. for Entry of Default as to Onesoft Corporation (mcke)
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Blank 16 Filed: 6/1/2001, Entered: 6/4/2001 Request for Entry of Default
REQUEST by Dell Financial Serv. for Entry of Default as to Onesoft Corporation (mcke)
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Blank 15 Filed: 5/31/2001, Entered: 6/1/2001 OrderCourt Filing
ORDER setting Initial Pretrial Conference for 10:30 6/27/01 Discovery Deadline for 10/12/01 Final Pretrial Conference for 1:10 10/18/01 (see order for details) ( signed by Judge Claude M. Hilton ) Copies Mailed: yes (mcke)
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Blank 13 Filed: 5/29/2001, Entered: 5/30/2001 Answer
ANSWER to Complaint by Etensity Acquisition (Attorney Paul D. Economon), (mcke)
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Blank 12 Filed: 5/29/2001, Entered: 5/30/2001 Answer
ANSWER to Complaint by Etensity, Inc. (Attorney Paul D. Economon), (mcke)
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Blank 14 Filed: 5/25/2001, Entered: 5/30/2001 OrderCourt Filing
Consent Order Extending Time for defts' to extend time to respond to the complaint shall be due on or before May 29, 2001 ( signed by Judge Gerald B. Lee ) Copies Mailed: yes (mcke)
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Blank 11 Filed: 5/24/2001, Entered: 5/25/2001 Notice of Appearance
NOTICE of Attorney Appearance for Dell Financial Serv. by Mary Catherine Zinsner (mcke)
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Blank 10 Filed: 5/23/2001, Entered: 5/24/2001 OrderCourt Filing
SECOND stipulated Consent Order that by signing this second stipulated consent order, C&G expressly agrees to submit to the jurisdiction of this court for purposes of ensuring compliance with the second stipulated consent order, that Dell agree(s) to pay all labor and material costs incurred by C&G that are necessary to retrieve, assemble, and deliver the equipment to Dell no later than 10 days after delivery of invoice, Dell however, reserves the right to recover such payment from any or all of the defts and in making any payments to C&G expressly does not concede or admit liability for such payment. (see order for more details) ( signed by Judge Gerald B. Lee ) Copies Mailed: yes (mcke)
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Blank 9 Filed: 5/16/2001, Entered: 5/17/2001 Summons Returned Executed
SUMMONS Returned Executed as to Etensity, Inc. 5/2/01 Answer due on 5/22/01 for Etensity, Inc. (clerk)
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Blank 8 Filed: 5/16/2001, Entered: 5/17/2001 Summons Returned Executed
SUMMONS Returned Executed as to Onesoft Corporation 5/2/01 Answer due on 5/22/01 for Onesoft Corporation (clerk)
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Blank 7 Filed: 5/15/2001, Entered: 5/15/2001 Summons Returned Executed
SUMMONS Returned Executed as to Etensity Acquisition 5/4/01 Answer due on 5/24/01 for Etensity Acquisition (mcke)
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Blank 6 Filed: 5/4/2001, Entered: 5/7/2001 Financial Disclosure Statement
Financial Interest Disclosure Statement (Local Rule 7.1) by Dell Financial Serv. (mcke)
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Blank 5 Filed: 4/30/2001, Entered: 5/2/2001 OrderCourt Filing
STIPULATED Consent Order that within ten days of entry of this consent order, as such time is calculated in compliance with rule 5(b) of the FRCP, the defts shall assemble and return to Dell all of the Equipment that is within defts' possession, custody, or control and that is described in the complaint and specified in the Lease, the MLA and the MLA Schedules, as amended by the attached list and that Dell is authorized, without filing a bond with this court, to take possession of the Equipement that is subject to the Lease, the MLA and the MLA Schedules, as amended by the attached list. The entry of this consent order does not constitute or effect a dismissal of any claims for relief or a waiver of remedies or other relief that Dell has asserted or otherwise might assert herein. (see order for details) ( signed by Judge Leonard D. Wexler ) Copies Mailed: yes (mcke)
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Blank -- Filed: 4/27/2001, Entered: 4/27/2001 Docket Annotation
Per LDW chambers motions set for 4/27/01 an order is to entered (clar)
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Blank 4 Filed: 4/20/2001, Entered: 4/23/2001 Notice of Hearing.
NOTICE of Hearing: Motion Hearing Deadline set for 10:00 4/27/01 for [2-1] motion by Dell Financial Serv. for Temporary Injunction (clar)
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Blank 3 Filed: 4/20/2001, Entered: 4/23/2001 Memorandum in Support
MEMORANDUM by Dell Financial Serv. in support of [2-1] motion by Dell Financial Serv. for Temporary Injunction (clar)
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Blank 2 Filed: 4/20/2001, Entered: 4/23/2001 Motion for Preliminary Injunction
MOTION by Dell Financial Serv. for Temporary Injunction (clar)
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Blank 1 Filed: 4/20/2001, Entered: 4/20/2001 Complaint
COMPLAINT Filing Fee $ 150.00 Receipt # 145272; jury demand (mcke)
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Blank -- Filed: 4/20/2001, Entered: 4/20/2001 Set/Clear Flags
Jury Trial Flag (mcke)
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Blank -- Filed: 4/20/2001, Entered: 4/20/2001 Summons Issued
SUMMONS(ES) (Org. & 3) issued and given to atty for service by SPS on defts Onesoft Corporation, Etensity, Inc., Etensity Acquisition (mcke)
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