Alexsam, Inc. v. NetSpend Corporation

Federal Civil Lawsuit Texas Western District Court, Case No. 1:10-cv-00837
District Judge Lee Yeakel, presiding
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District Judge Lee Yeakel
Last Updated January 28, 2017 at 12:38 AM EST (8.5 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Alexsam, Inc., Plaintiff

Represented by Clark & Clark

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Bruce H. Clark +1 512 241 1800 +1 512 241 1760 bruce@clarkandclarklaw.com

Represented by Fitch Even Tabin & Flannery, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Timothy Paul Maloney +1 312 577 7000 +1 312 577 7007 tim@fitcheven.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Steven C. Schroer +1 303 402 6966 +1 303 402 6970 Scschr@fitcheven.com

Represented by Jenner & Block, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Joseph F. Marinelli +1 312 222 9350 jmarinelli@jenner.com
v.
No Logo NETSPEND CORPORATION, Defendant

Represented by Baker Botts, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Scott D. Powers +1 512 322 2678 +1 512 322 8392 scott.powers@bakerbotts.com
No Logo Alexsam, Inc., Counter-Defendant

Represented by Clark & Clark

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Bruce H. Clark +1 512 241 1800 +1 512 241 1760 bruce@clarkandclarklaw.com

Represented by Fitch Even Tabin & Flannery, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Timothy Paul Maloney +1 312 577 7000 +1 312 577 7007 tim@fitcheven.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Steven C. Schroer +1 303 402 6966 +1 303 402 6970 Scschr@fitcheven.com

Represented by Jenner & Block, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Joseph F. Marinelli +1 312 222 9350 jmarinelli@jenner.com
Other Parties
No Logo NETSPEND CORPORATION, Counter-Plaintiff

Represented by Baker Botts, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Scott D. Powers +1 512 322 2678 +1 512 322 8392 scott.powers@bakerbotts.com
Attributes
Citation Section 28 U.S.C. § 1441
Nature of Suit 190 - Contract: Other Contract Actions
Timeline
  Entries (57) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 58 Filed: 1/12/2011, Entered: None
Certified mail acknowledgment receipt of 57 Order of Remand by Travis County District Clerk on 01/11/2011.(klw, ) (Entered: 01/12/2011)
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Legal Document (Payment Possibly Required) 57 Filed: 1/7/2011, Entered: None Court Filing
ORDER OF REMAND GRANTING Plaintiff's 31 Motion to Remand to State Court. Emergency hearing set for 01/14/11 is CANCELLED. Remanded back to 419th Judicial District Court of Travis County, Texas. Signed by Judge Lee Yeakel. (klw, ) (Entered: 01/10/2011)
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Legal Document (Payment Possibly Required) 56 Filed: 1/7/2011, Entered: None
NetSpend Corporation's Sur-REPLY in Opposition to Alexsam's 31 MOTION to Dismiss for Lack of Jurisdiction MOTION to Remand to State Court filed by Alexsam, Inc. (klw, ) (Entered: 01/07/2011)
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Legal Document (Payment Possibly Required) 55 Filed: 1/7/2011, Entered: None Court Filing
ORDER GRANTING Netspend's 53 Motion for Leave to File Sur-Reply. Signed by Judge Lee Yeakel. (klw, ) (Entered: 01/07/2011)
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Legal Document (Payment Possibly Required) 54 Filed: 1/6/2011, Entered: None
Response in Opposition to Motion, filed by Alexsam, Inc., re 53 MOTION for Leave to File Sur-reply in Opposition to Alexsam's Motion to Dismiss and Remand for Lack of Subject Matter Jurisdiction filed by Defendant NetSpend Corporation (Attachments: # 1 Proposed Order Denying NetSpend's Motion for Leave to File Sur-reply)(Marinelli, Joseph) (Entered: 01/06/2011)
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Legal Document (Payment Possibly Required) 53 Filed: 1/6/2011, Entered: None
MOTION for Leave to File Sur-reply in Opposition to Alexsam's Motion to Dismiss and Remand for Lack of Subject Matter Jurisdiction by NetSpend Corporation. (Attachments: # 1 Exhibit Exhibit A - Surreply, # 2 Proposed Order)(Powers, Scott) (Entered: 01/06/2011)
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Legal Document (Payment Possibly Required) 52 Filed: 1/3/2011, Entered: None
CERTIFICATE OF SERVICE by Alexsam, Inc. [CORRECTED] Amended Certificate of Service to 48 Reply to Response to Motion (Marinelli, Joseph) (Entered: 01/03/2011)
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Legal Document (Payment Possibly Required) 51 Filed: 1/3/2011, Entered: None
DEFICIENCY NOTICE: re 50 Certificate of Service (mc2, ) (Entered: 01/03/2011)
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Legal Document (Payment Possibly Required) 50 Filed: 12/30/2010, Entered: None
CERTIFICATE OF SERVICE by Alexsam, Inc. [CORRECTED] Amended Certificate of Service 48 Reply to Response to Motion (Marinelli, Joseph) (Entered: 12/30/2010)
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Legal Document (Payment Possibly Required) 49 Filed: 12/30/2010, Entered: None
DEFICIENCY NOTICE to Joseph F. Marinelli: re 48 Reply to Response to Motion. (klw, ) (Entered: 12/30/2010)
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Legal Document (Payment Possibly Required) 48 Filed: 12/30/2010, Entered: None
REPLY to Response to Motion, filed by Alexsam, Inc., re 31 MOTION to Dismiss for Lack of Jurisdiction MOTION to Remand to State Court filed by Alexsam, Inc. (Marinelli, Joseph) (Entered: 12/30/2010)
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Legal Document (Payment Possibly Required) 47 Filed: 12/21/2010, Entered: None Court Filing
ORDER GRANTING 45 Motion for Leave to File Excess Pages. Signed by Judge Lee Yeakel. (td) (Entered: 12/22/2010)
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Legal Document (Payment Possibly Required) 46 Filed: 12/20/2010, Entered: None
Response in Opposition to Motion, filed by NetSpend Corporation, re 31 MOTION to Dismiss for Lack of Jurisdiction MOTION to Remand to State Court filed by Alexsam, Inc. (Attachments: # 1 Appendix, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Proposed Order)(Sadler, Kevin) (Entered: 12/20/2010)
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Legal Document (Payment Possibly Required) 45 Filed: 12/20/2010, Entered: None
MOTION for Leave to Exceed Page Limitation by NetSpend Corporation. (Attachments: # 1 Proposed Order)(Sadler, Kevin) (Entered: 12/20/2010)
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Legal Document (Payment Possibly Required) 44 Filed: 12/20/2010, Entered: None
REPLY to Response to Motion, filed by Blackhawk Networks, Inc., re 20 Opposed MOTION for Protective Order filed by Defendant Blackhawk Networks, Inc. (Attachments: # 1 Affidavit Theodore J. Folkman, # 2 Exhibit 1, # 3 Exhibit 2)(Pierce, Jonathan) (Entered: 12/20/2010)
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Legal Document (Payment Possibly Required) 42 Filed: 12/14/2010, Entered: None Court Filing
ORDER GRANTING Alexsam's 41 Motion to Reset Motion Hearing. Hearing reset to 01/14/11 at 9:00 a.m. Signed by Judge Lee Yeakel. (klw, ) (Entered: 12/14/2010)
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Legal Document (Payment Possibly Required) 41 Filed: 12/13/2010, Entered: None
Unopposed MOTION for Hearing re 20 Opposed MOTION for Protective Order (Motion to Reset Hearing) by Alexsam, Inc.. (Attachments: # 1 Proposed Order)(Marinelli, Joseph) (Entered: 12/13/2010)
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Legal Document (Payment Possibly Required) 40 Filed: 12/13/2010, Entered: None
NOTICE of Nonopposition by NetSpend Corporation re 20 Opposed MOTION for Protective Order (Sadler, Kevin) (Entered: 12/13/2010)
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Legal Document (Payment Possibly Required) 39 Filed: 12/13/2010, Entered: None
ATTACHMENT Proposed Order Denying Blackhawk's Emergency Motion for a Protective Order to 38 Response to Motion by Alexsam, Inc.. (Marinelli, Joseph) (Entered: 12/13/2010)
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Legal Document (Payment Possibly Required) 38 Filed: 12/13/2010, Entered: None
RESPONSE to Motion, filed by Alexsam, Inc., re 20 Opposed MOTION for Protective Order filed by Defendant Blackhawk Networks, Inc. (Attachments: # 1 Exhibit A)(Marinelli, Joseph) (Entered: 12/13/2010)
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Legal Document (Payment Possibly Required) 37 Filed: 12/13/2010, Entered: None
DEFICIENCY NOTICE to Kevin Sadler: re 36 Response to Motion. (klw, ) (Entered: 12/13/2010)
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Legal Document (Payment Possibly Required) 36 Filed: 12/13/2010, Entered: None
RESPONSE to Motion, filed by NetSpend Corporation, re 20 Opposed MOTION for Protective Order filed by Defendant Blackhawk Networks, Inc. (Sadler, Kevin) (Entered: 12/13/2010)
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Legal Document (Payment Possibly Required) 35 Filed: 12/10/2010, Entered: None Court Filing
ORDER GRANTING 33 Motion for Leave to File Excess Pages. Signed by Judge Lee Yeakel. (klw, ) (Entered: 12/10/2010)
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Legal Document (Payment Possibly Required) 34 Filed: 12/10/2010, Entered: None Court Filing
ORDER GRANTING 32 Motion for Leave to File Sealed Document re: exhibits 1-10. Signed by Judge Lee Yeakel. (klw, ) (Entered: 12/10/2010)
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Legal Document (Payment Possibly Required) 33 Filed: 12/8/2010, Entered: None
Unopposed MOTION for Leave to Exceed Page Limitation for its Motion to Dismiss and Remand for Lack of Subject Matter Jurisdiction by Alexsam, Inc.. (Attachments: # 1 Proposed Order Granting Alexsam's Unopposed Motion for Leave to Exceed Page Limit for its Motion to Dismiss and Remand for Lack of Subject Matter Jurisdiction)(Marinelli, Joseph) (Entered: 12/08/2010)
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Legal Document (Payment Possibly Required) 32 Filed: 12/8/2010, Entered: None
Unopposed Motion for leave to File Sealed Document (Attachments: # 1 Proposed Order Granting Alexsam's Unopposed Motion for Leave to File Sealed Documents, # 2 Appendix to Alexsam's Motion to Dismiss and Remand for Lack of Subject Matter Jurisdiction, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10) (Marinelli, Joseph) (Entered: 12/08/2010)
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Legal Document (Payment Possibly Required) 31 Filed: 12/8/2010, Entered: None
MOTION to Dismiss for Lack of Jurisdiction, MOTION to Remand to State Court by Alexsam, Inc.. (Attachments: # 1 Proposed Order Granting Alexsam's Motion to Dismiss and Remand for Lack of Subject Matter Jurisdiction, # 2 Appendix to Alexsam's Motion to Dismiss and Remand for Lack of Subject Matter Jurisdiction)(Marinelli, Joseph) (Additional attachment(s) added on 12/10/2010: # 3 SEALED Exhibit 1, # 4 SEALED Exhibit 2, # 5 SEALED Exhibit 3, # 6 SEALED Exhibit 4, # 7 SEALED Exhibit 5, # 8 SEALED Exhibit 6, # 9 SEALED Exhibit 7, # 10 SEALED Exhibit 8, # 11 SEALED Exhibit 9, # 12 SEALED Exhibit 10) (klw, ). (Entered: 12/08/2010)
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Legal Document (Payment Possibly Required) 30 Filed: 12/7/2010, Entered: None Court Filing
ORDER DENYING Plaintiff Alexsam's 28 Motion for Leave to File Sealed Document. ORDER DISMISSING Alexam's 29 Motion for Leave to File Excess Pages. Signed by Judge Lee Yeakel. (klw, ) (Entered: 12/08/2010)
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Legal Document (Payment Possibly Required) 29 Filed: 12/3/2010, Entered: None
Unopposed MOTION for Leave to Exceed Page Limitation for its Motion to Dismiss and Remand for Lack of Subject Matter Jurisdiction by Alexsam, Inc.. (Attachments: # 1 Proposed Order Proposed Order Granting Alexsam's Motion for Leave to Exceed Page Limit for its Motion to Dismiss and Remand for Lack of Subject Matter Jurisdiction)(Marinelli, Joseph) (Entered: 12/03/2010)
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Legal Document (Payment Possibly Required) 28 Filed: 12/3/2010, Entered: None
Unopposed Motion for leave to File Sealed Document (Attachments: # 1 Proposed Order Granting Alexsam's Unopposed Motion for Leave to File Sealed Documents, # 2 Sealed Document Alexsam's Motion to Dismiss and Remand for Lack of Subject Matter Jurisdiction, # 3 Proposed Order Granting Alexsam's Motion to Dismiss and Remand for Lack of Subject Matter Jurisdiction, # 4 Appendix to Alexsam's Motion to Dismiss for Lack of Subject Matter Jurisdiction, # 5 Sealed Document Exhibit 1, # 6 Sealed Document Exhibit 2, # 7 Sealed Document Exhibit 3, # 8 Sealed Document Exhibit 4, # 9 Sealed Document Exhibit 5, # 10 Sealed Document Exhibit 6, # 11 Sealed Document Exhibit 7, # 12 Sealed Document Exhibit 8, # 13 Sealed Document Exhibit 9, # 14 Exhibit 10, # 15 Sealed Document Exhibit 11, # 16 Exhibit 12, # 17 Sealed Document Exhibit 13) (Marinelli, Joseph) (Entered: 12/03/2010)
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Legal Document (Payment Possibly Required) 27 Filed: 12/1/2010, Entered: None
Pro Hac Vice Fee for Steven C. Schroer Paid. Filing fee $ 25, receipt number 100008491. (klw, ) (Entered: 12/02/2010)
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Legal Document (Payment Possibly Required) 26 Filed: 12/1/2010, Entered: None Court Filing
ORDER Setting Hearing on 20 Opposed MOTION for Protective Order. Set for 12/16/2010 09:00 AM before Judge Lee Yeakel. Any responses to motion shall be filed by 12/13/10 at 5:00 p.m. Signed by Judge Lee Yeakel. (klw, ) (Entered: 12/02/2010)
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Legal Document (Payment Possibly Required) 25 Filed: 12/1/2010, Entered: None Court Filing
ORDER GRANTING 22 Motion for Siddhesh V. Pandit to Appear Pro Hac Vice on behalf of Blackhawk Networks, Inc. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (klw, ) (Entered: 12/02/2010)
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Legal Document (Payment Possibly Required) 24 Filed: 12/1/2010, Entered: None Court Filing
ORDER GRANTING 21 Motion for Theodore J. Folkman to Appear Pro Hac Vice on behalf of Blackhawk Networks, Inc. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (klw, ) (Entered: 12/02/2010)
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Legal Document (Payment Possibly Required) 23 Filed: 12/1/2010, Entered: None
Letter to Mark Scott re: non-admitted status. (klw, ) (Entered: 12/01/2010)
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Legal Document (Payment Possibly Required) 22 Filed: 11/30/2010, Entered: None
MOTION to Appear Pro Hac Vice by Jonathan M. Pierce for Siddhesh V. Pandit ( Filing fee $ 25 receipt number 0542-3236286) by on behalf of Blackhawk Networks, Inc.. (Pierce, Jonathan) (Entered: 11/30/2010)
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Legal Document (Payment Possibly Required) 21 Filed: 11/30/2010, Entered: None
MOTION to Appear Pro Hac Vice by Jonathan M. Pierce Theodore J. Folkman ( Filing fee $ 25 receipt number 0542-3236239) by on behalf of Blackhawk Networks, Inc.. (Pierce, Jonathan) (Entered: 11/30/2010)
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Legal Document (Payment Possibly Required) 20 Filed: 11/30/2010, Entered: None
Opposed MOTION for Protective Order by Blackhawk Networks, Inc.. (Attachments: # 1 Appendix, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Proposed Order)(Pierce, Jonathan) (Entered: 11/30/2010)
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Legal Document (Payment Possibly Required) 19 Filed: 11/29/2010, Entered: None Court Filing
ORDER GRANTING 18 Motion for Extension of Time to Answer. Answer to Counter Claim due by 12/13/10. Signed by Judge Lee Yeakel. (klw, ) (Entered: 11/30/2010)
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Legal Document (Payment Possibly Required) 18 Filed: 11/24/2010, Entered: None
Unopposed MOTION for Extension of Time to File Answer or Otherwise Plead by Alexsam, Inc.. (Attachments: # 1 Proposed Order)(Marinelli, Joseph) (Entered: 11/24/2010)
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Legal Document (Payment Possibly Required) 17 Filed: 11/24/2010, Entered: None Court Filing
ORDER GRANTING 14 Motion to Appear Pro Hac Vice for attorney Steven C. Schroer. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (jk, ) (Entered: 11/24/2010)
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Legal Document (Payment Possibly Required) 16 Filed: 11/22/2010, Entered: None
Pro Hac Vice for Joseph F Marinell Filing fee paid $ 25, receipt number 100008416. (klw, ) (Entered: 11/23/2010)
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Legal Document (Payment Possibly Required) 15 Filed: 11/22/2010, Entered: None
Pro Hac Vice for Timothy P Maloney Fee Paid $ 25, receipt number 100008417. (klw, ) (Entered: 11/23/2010)
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Legal Document (Payment Possibly Required) 14 Filed: 11/19/2010, Entered: None
MOTION to Appear Pro Hac Vice by Steven C. Schroer by on behalf of Alexsam, Inc.. (td) (Entered: 11/19/2010)
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Legal Document (Payment Possibly Required) 13 Filed: 11/19/2010, Entered: None
NOTICE of Filing Supplement to State Court Record - Docket Sheet by NetSpend Corporation (Powers, Scott) (Entered: 11/19/2010)
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Legal Document (Payment Possibly Required) 12 Filed: 11/17/2010, Entered: None Court Filing
ORDER GRANTING 6 Motion Permission to SEAL Certain Exhibits from 2 Notice of Removal. Signed by Judge Lee Yeakel. (klw, ) Modified on 11/18/2010 (klw, ) to correct link. (Entered: 11/18/2010)
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Legal Document (Payment Possibly Required) 11 Filed: 11/17/2010, Entered: None Court Filing
ORDER GRANTING 7 Motion for Timothy P. Maloney to Appear Pro Hac Vice on behalf of Alexsam, Inc. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (klw, ) (Entered: 11/18/2010)
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Legal Document (Payment Possibly Required) 10 Filed: 11/17/2010, Entered: None Court Filing
ORDER GRANTING 9 Motion for Joseph F. Marinelli to Appear Pro Hac Vice on behalf of Alexsam, Inc. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (klw, ) (Entered: 11/18/2010)
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Legal Document (Payment Possibly Required) 9 Filed: 11/15/2010, Entered: None
MOTION to Appear Pro Hac Vice by Joseph F. Marinelli by on behalf of Alexsam, Inc. (Attachments: # 1 Proposed Order)(klw, ) (Entered: 11/15/2010)
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Legal Document (Payment Possibly Required) 8 Filed: 11/15/2010, Entered: None
RULE 7 DISCLOSURE STATEMENT filed by NetSpend Corporation Defendant NetSpend's Corporate Disclosure Statement Pursuant to Fed.R.Civ.P. 7.1. (Sadler, Kevin) (Entered: 11/15/2010)
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Legal Document (Payment Possibly Required) 7 Filed: 11/12/2010, Entered: None
MOTION to Appear Pro Hac Vice by Timothy P. Maloney by on behalf of Alexsam, Inc.. (Attachments: # 1 Proposed Order)(klw, ) (Entered: 11/12/2010)
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Legal Document (Payment Possibly Required) 6 Filed: 11/12/2010, Entered: None
Unopposed MOTION to Seal Certain Exhibits to Notice of Removal by NetSpend Corporation. (Attachments: # 1 Proposed Order)(Powers, Scott) (Entered: 11/12/2010)
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Legal Document (Payment Possibly Required) 5 Filed: 11/12/2010, Entered: None
RULE 7 DISCLOSURE STATEMENT filed by Alexsam, Inc.. (Clark, Bruce) (Entered: 11/12/2010)
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Legal Document (Payment Possibly Required) 4 Filed: 11/9/2010, Entered: None
Letters to Joseph F. Marinelli, Steven C. Schroer and Timothy P. Maloney re: non-admitted status. (klw, ) (Entered: 11/09/2010)
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Legal Document (Payment Possibly Required) 3 Filed: 11/9/2010, Entered: None Court Filing
ORDER directing the removing party to supplement the record with state court records. Signed by Judge Lee Yeakel. (klw, ) (Entered: 11/09/2010)
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Legal Document (Payment Possibly Required) 2 Filed: 11/8/2010, Entered: None
NOTICE OF REMOVAL (Filing fee $350 receipt number 100008256), filed by NetSpend Corporation. (Attachments: # 1 Civil Cover Sheet /Supplement/Receipt) EXHIBITS TO VOLUMINOUS TO SCAN - PLACED ON SHELF (4 VOLUMES)(klw, ) (Entered: 11/09/2010)
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Legal Document (Payment Possibly Required) 1 Filed: 11/8/2010, Entered: None
Supplemental Counterclaim for Declaration of Non-Infringement contained within Original Counterclaim 2 filed in state court by NetSpend Corporation. (Powers, Scott) Modified on 11/10/2010 (klw, ) to create link. (Entered: 11/08/2010)
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