McRO Inc v. Disney Interactive Studios Inc
Federal Civil Lawsuit California Central District Court, Case No. 2:12-cv-10333
District Judge Gary A. Feess, presiding

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Last Updated August 13, 2020 at 6:40 PM DT (11.5 months ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

No Logo Mcro, Inc., Plaintiff

Toggle Switch Represented by Mishcon de Reya New York LLP

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Eric P Berger +1 212 612 3270 +1 212 612 3297 Eric.Berger@mishcon.com
TERMINATED: 10/24/2014, PRO HAC VICE, ATTORNEY TO BE NOTICED James Joseph McGuire +1 212 612 3270 +1 212 612 3297 james.mcguire@mishcon.com
PRO HAC VICE, ATTORNEY TO BE NOTICED Mark S Raskin +1 212 612 3270 +1 212 612 3297 Mark.Raskin@mishcon.com

Toggle Switch 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 mfenster@raklaw.com
ATTORNEY TO BE NOTICED Irene Y Lee +1 310 826 7474 +1 310 826 6991 ilee@raklaw.com
v.
Disney Interactive Studios, Inc. Disney Interactive Studios, Inc., Defendant

Toggle Switch Represented by Weil Gotshal & Manges LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Sonal N. Mehta sonal.mehta@weil.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Edward Robert Reines +1 650 802 3022 +1 650 802 3100 edward.reines@weil.com
Citation Section 35 U.S.C. § 271
Nature of Suit 820 - Property Rights: Copyright
  Entries (59) Tab Overlap Calendar Events Tab Overlap Related (1) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 61 Filed: 8/13/2020, Entered: None Notice of Appearance or Withdrawal of Counsel (G-123)
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    Legal Document (Payment Possibly Required) 55 Filed: 8/24/2015, Entered: None Bill of Costs (CV-59) - Issued
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      Legal Document (Payment Possibly Required) 55 Filed: 8/3/2015, Entered: None
      BILL OF COSTS. Costs Taxed in amount of $ 395.86 in favor of Disney Interactive Studio, Inc and against McRo, Inc dba Plane Blue. RE: 53 (mb) (Entered: 08/24/2015)
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        Legal Document (Payment Possibly Required) 54 Filed: 11/26/2014, Entered: None Objections - non-motion
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          Legal Document (Payment Possibly Required) 53 Filed: 11/14/2014, Entered: None Clerk to Tax Costs
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            Legal Document (Payment Possibly Required) 52 Filed: 11/5/2014, Entered: None Miscellaneous Document
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              Legal Document (Payment Possibly Required) 51 Filed: 11/4/2014, Entered: None Judgment
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                Legal Document (Payment Possibly Required) 51 Filed: 10/31/2014, Entered: None Court Filing
                FINAL JUDGMENT by Judge George H. Wu, Accordingly, it is ADJUDGED that Plaintiff and Counterclaim-Defendant McRo, Inc., d.b.a. Planet Blue ("Plaintiff') takes nothing from Defendants and Counterclaim-Plaintiffs (SEE ATTACHED FOR FURTHER DETAILS) All remaining pending motions are DENIED as moot. As Defendants are the prevailing parties in this action, Defendants' costs of court shall be taxed against Plaintiff. (pj) (Entered: 11/03/2014)
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                  Legal Document (Payment Possibly Required) 50 Filed: 10/27/2014, Entered: None
                  NOTIFICATION by Federal Circuit Court of Appellate Docket Number 15-1085, regarding Notice of Appeal to Federal Circuit Court of Appeals 46 as to Plaintiff McRO Inc. (car) (Entered: 10/29/2014)
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                    Legal Document (Payment Possibly Required) 49 Filed: 10/28/2014, Entered: None Objections - non-motion
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                      Legal Document (Payment Possibly Required) 48 Filed: 10/24/2014, Entered: None Judgment/Renewal of Judgment
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                        Legal Document (Payment Possibly Required) 47 Filed: 10/24/2014, Entered: None
                        Notice of Appearance or Withdrawal of Counsel: for attorney Mark S Raskin counsel for Plaintiff McRO Inc. James J McGuire is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff McRo, Inc.. (Raskin, Mark) (Entered: 10/24/2014)
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                          Legal Document (Payment Possibly Required) 46 Filed: 10/22/2014, Entered: None
                          NOTICE OF APPEAL to the Federal Circuit filed by Plaintiff McRO Inc. Appeal of Judgment, 44 (Appeal fee of $505 receipt number 0973-14662507 paid.) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Raskin, Mark) (Entered: 10/22/2014)
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                            Legal Document (Payment Possibly Required) 45 Filed: 9/24/2014, Entered: None Report of Determination of Patent/Trademark Action (CLOSE) (AO 120)
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                              Legal Document (Payment Possibly Required) 44 Filed: 9/24/2014, Entered: None Judgment
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                                Legal Document (Payment Possibly Required) 44 Filed: 9/22/2014, Entered: None Court Filing
                                RULING ON DEFENDANTS MOTION FOR JUDGMENT ON THE PLEADINGS BASED ON UNPATENTABILITY UNDER 35 U.S.C. SECTION 101 by Judge George H. Wu, For the foregoing reasons, the Court would GRANT the Motion, and hold 576 Patent claims 1, 7-9, and 13, and 278 Patent claims 1-4, 6, 9, 13, and 15-17 invalid under 35 U.S.C. Section 101 (MD JS-6, Case Terminated). (pj) (Entered: 09/24/2014)
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                                  Legal Document (Payment Possibly Required) 43 Filed: 4/1/2013, Entered: None Court Filing
                                  MINUTES OF SCHEDULING CONFERENCE held before Judge George H. Wu. The Court consolidates the above-entitled action with McRO, Inc. v. Namco Banda Games America, Inc., CV 12-10322-GW(FFMx) for pretrial purposes. All subsequent documents will now be filed in CV 12-10322-GW(FFMx). The Scheduling Conference is continued to April 18, 2013 at 8:30 a.m. Joint Status Report will be filed by noon on April 15, 2013. Court Reporter: Anne Kielwasser. (lom) (Entered: 04/03/2013)
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                                    Legal Document (Payment Possibly Required) 42 Filed: 3/29/2013, Entered: None
                                    NOTICE Relating to April 1, 2013 Scheduling Confernce filed by Defendant Disney Interactive Studios Inc. (Mehta, Sonal) (Entered: 03/29/2013)
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                                      Legal Document (Payment Possibly Required) 41 Filed: 3/29/2013, Entered: None
                                      NOTICE filed by Plaintiff McRO Inc. for Telephone Appearance re 4/1/13 Scheduling Conference (Lee, Irene) (Entered: 03/29/2013)
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                                        Legal Document (Payment Possibly Required) 40 Filed: 3/29/2013, Entered: None Court Filing
                                        TEXT ONLY NOTICE - A Scheduling Conference for related case, CV12-10331, is set for April 1, 2013, at 8:30 a.m. The schedule issued on said date shall also be the schedule for all related "McRO" cases. Parties may appear telephonically at the conference provided that notice is given to Judge Wu's Clerk. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(kbr) TEXT ONLY ENTRY (Entered: 03/29/2013)
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                                          Legal Document (Payment Possibly Required) 39 Filed: 3/18/2013, Entered: None
                                          FIRST AMENDED COMPLAINT against Defendant Disney Interactive Studios Inc amending Complaint - (Discovery), 1 ,filed by Plaintiff McRO Inc (Attachments: # 1 21 day summons issued)(pj) (Entered: 03/20/2013)
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                                            Legal Document (Payment Possibly Required) 38 Filed: 3/6/2013, Entered: None Court Filing
                                            ORDER by Judge George H. Wu: granting 33 Application to Appear Pro Hac Vice by Attorney Eric P. Berger on behalf of Plaintiff, designating Irene Y. Lee as local counsel. (lt) (Entered: 03/08/2013)
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                                              Legal Document (Payment Possibly Required) 37 Filed: 3/6/2013, Entered: None Court Filing
                                              ORDER by Judge George H. Wu: granting 34 Application to Appear Pro Hac Vice by Attorney James J. McGuire on behalf of Plaintiff, designating Irene Y. Lee as local counsel. (lt) (Entered: 03/08/2013)
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                                                Legal Document (Payment Possibly Required) 36 Filed: 3/4/2013, Entered: None Court Filing
                                                MINUTES OF DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S COMPLAINT (filed 02/05/13)Motion Hearing held before Judge George H. Wu: The Tentative circulated and attached hereto, is adopted as the Court's final ruling. Defendants' motion is GRANTED WITH LEAVE TO AMEND. Plaintiffs will have until March 18, 2013 to manually file the First Amended Complaint. Additionally, the Clerk's Office Notice of Discrepancies regarding Plaintiff's First Amended Complaint, issued on February 28, 2013, is deemed MOOT.Court Reporter: Mary Rickey. (bp) (Entered: 03/05/2013)
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                                                  Legal Document (Payment Possibly Required) 35 Filed: 3/1/2013, Entered: None
                                                  NOTICE filed by Plaintiff McRO Inc. re First Amended Complaint for Patent Infringement (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Lee, Irene) (Entered: 03/01/2013)
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                                                    Legal Document (Payment Possibly Required) 34 Filed: 3/1/2013, Entered: None
                                                    APPLICATION for attorney James J. McGuire to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-11745636 paid.) filed by Plaintiff McRO Inc. (Attachments: # 1 Proposed Order)(Lee, Irene) (Entered: 03/01/2013)
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                                                      Legal Document (Payment Possibly Required) 33 Filed: 3/1/2013, Entered: None
                                                      APPLICATION for attorney Eric P. Berger to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-11743671 paid.) filed by Plaintiff McRO Inc. (Attachments: # 1 Proposed Order)(Lee, Irene) (Entered: 03/01/2013)
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                                                        Legal Document (Payment Possibly Required) 32 Filed: 2/15/2013, Entered: None
                                                        REPLY in Support of MOTION to Dismiss Case 21 filed by Defendant Disney Interactive Studios Inc. (Mehta, Sonal) (Entered: 02/15/2013)
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                                                          Legal Document (Payment Possibly Required) 31 Filed: 2/14/2013, Entered: None
                                                          NOTICE OF ERRATA filed by Plaintiff McRO Inc. correcting MEMORANDUM in Opposition to Motion 30 (Attachments: # 1 Exhibit Substitute Memorandum)(Raskin, Mark) (Entered: 02/14/2013)
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                                                            Legal Document (Payment Possibly Required) 30 Filed: 2/11/2013, Entered: None
                                                            MEMORANDUM in Opposition to MOTION to Dismiss Case 21 filed by Plaintiff McRO Inc. (Attachments: # 1 Proposed Order)(Raskin, Mark) (Entered: 02/11/2013)
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                                                              Legal Document (Payment Possibly Required) 29 Filed: 2/11/2013, Entered: None Court Filing
                                                              Order Granting Relief from Local Rule 7-3 by Judge George H. Wu: Defendant Disney Interactive Studios, Inc.s Motion for Relief from Local Rule 7-3 is hereby GRANTED. 23 . (pj) (Entered: 02/11/2013)
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                                                                Legal Document (Payment Possibly Required) 28 Filed: 2/7/2013, Entered: None Court Filing
                                                                ORDER Granting Leave to File by Judge George H. Wu granting 25 Application for Leave: The Court, having considered Defendants Namco Bandai Games America, Inc.; Sega of America, Inc.; Electronic Arts Inc.; Disney Interactive Studios, Inc.; Capcom USA, Inc.; Neversoft Entertainment, Inc.; Treyarch Corporation; and Visceral Games's ("Defendants'") Application for Leave to File Motion to Dismiss, Motion for Relief, and Supporting Documents Due to Technical Failure filed Feb. 5, 2013, hereby ORDERS as follows: Defendants are hereby GRANTED leave to file their Motion to Dismiss, Motion for Relief, and Supporting Documents on February 5, 2013. (bm) (Entered: 02/08/2013)
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                                                                  Legal Document (Payment Possibly Required) 27 Filed: 2/7/2013, Entered: None
                                                                  NOTICE of Change of Lead Counsel filed by Defendant Disney Interactive Studios Inc, (Mehta, Sonal) (Entered: 02/07/2013)
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                                                                    Legal Document (Payment Possibly Required) 26 Filed: 2/5/2013, Entered: None
                                                                    DECLARATION of Evan N. Budaj re APPLICATION for Leave to File Motion to Dismiss, Motion for Relief, and Supporting Documents 25 filed by Defendant Disney Interactive Studios Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Budaj, Evan) (Entered: 02/05/2013)
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                                                                      Legal Document (Payment Possibly Required) 25 Filed: 2/5/2013, Entered: None
                                                                      APPLICATION for Leave to File Motion to Dismiss, Motion for Relief, and Supporting Documents filed by Defendant Disney Interactive Studios Inc. (Attachments: # 1 Proposed Order)(Budaj, Evan) (Entered: 02/05/2013)
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                                                                        Legal Document (Payment Possibly Required) 24 Filed: 2/5/2013, Entered: None
                                                                        DECLARATION of Sonal N. Mehta in Support of MOTION for Relief from Local Rule 7-3 re MOTION to Dismiss Case 21 MOTION for Relief from Local Rule 7-3 re MOTION to Dismiss Case 21 23 filed by Defendant Disney Interactive Studios Inc. (Attachments: # 1 Exhibit A)(Mehta, Sonal) (Entered: 02/05/2013)
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                                                                          Legal Document (Payment Possibly Required) 23 Filed: 2/5/2013, Entered: None Court Filing
                                                                          NOTICE OF MOTION AND MOTION for Relief from Local Rule 7-3 re MOTION to Dismiss Case 21 filed by Defendant Disney Interactive Studios Inc. Motion set for hearing on 3/4/2013 at 08:30 AM before Judge George H. Wu. (Attachments: # 1 Proposed Order)(Mehta, Sonal) (Entered: 02/05/2013)
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                                                                            Legal Document (Payment Possibly Required) 22 Filed: 2/5/2013, Entered: None
                                                                            DECLARATION of Sonal N. Mehta in Support of MOTION to Dismiss Case 21 filed by Defendant Disney Interactive Studios Inc. (Attachments: # 1 Exhibit A)(Mehta, Sonal) (Entered: 02/05/2013)
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                                                                              Legal Document (Payment Possibly Required) 21 Filed: 2/5/2013, Entered: None Court Filing
                                                                              NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Disney Interactive Studios Inc. Motion set for hearing on 3/4/2013 at 08:30 AM before Judge George H. Wu. (Attachments: # 1 Proposed Order)(Mehta, Sonal) (Entered: 02/05/2013)
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                                                                                Legal Document (Payment Possibly Required) 20 Filed: 2/4/2013, Entered: None
                                                                                CORPORATE DISCLOSURE STATEMENT filed by Defendant Disney Interactive Studios Inc identifying The Walt Disney Company as Corporate Parent. (Mehta, Sonal) (Entered: 02/04/2013)
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                                                                                  Legal Document (Payment Possibly Required) 19 Filed: 2/4/2013, Entered: None
                                                                                  NOTICE of Appearance filed by attorney Sonal Naresh Mehta on behalf of Defendant Disney Interactive Studios Inc (Mehta, Sonal) (Entered: 02/04/2013)
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                                                                                    Legal Document (Payment Possibly Required) 18 Filed: 2/4/2013, Entered: None
                                                                                    NOTICE of Appearance filed by attorney Evan N Budaj on behalf of Defendant Disney Interactive Studios Inc (Budaj, Evan) (Entered: 02/04/2013)
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                                                                                      Legal Document (Payment Possibly Required) 17 Filed: 2/4/2013, Entered: None
                                                                                      NOTICE of Appearance filed by attorney Justin Morteza Lee on behalf of Defendant Disney Interactive Studios Inc (Lee, Justin) (Entered: 02/04/2013)
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                                                                                        Legal Document (Payment Possibly Required) 16 Filed: 1/31/2013, Entered: None Court Filing
                                                                                        ORDER re Stipulation to Extend Time to Answer 14 by Judge George H. Wu. Defendant DISNEY INTERACTIVE STUDIOS, INC. may have until February 4, 2013, to respond to the Complaint. (kti) (Entered: 02/01/2013)
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                                                                                          Legal Document (Payment Possibly Required) 15 Filed: 1/28/2013, Entered: None Court Filing
                                                                                          ORDER by Judge George H. Wu: granting 13 Application to Appear Pro Hac Vice by Attorney Mark S. Raskin on behalf of Plaintiff, designating Irene Y. Lee as local counsel. (lt) (Entered: 01/29/2013)
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                                                                                            Legal Document (Payment Possibly Required) 14 Filed: 1/28/2013, Entered: None
                                                                                            STIPULATION for Extension of Time to File Answer to February 4, 2013 re Complaint - (Discovery), Complaint - (Discovery) 1 filed by Defendant Disney Interactive Studios Inc. (Attachments: # 1 Declaration of Sonal N. Mehta in Support of Stipulation, # 2 Proposed Order)(Mehta, Sonal) (Entered: 01/28/2013)
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                                                                                              Legal Document (Payment Possibly Required) 13 Filed: 1/25/2013, Entered: None
                                                                                              APPLICATION for attorney Mark S. Raskin to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-11571366 paid.) filed by Plaintiff McRO Inc. (Attachments: # 1 Proposed Order)(Lee, Irene) (Entered: 01/25/2013)
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                                                                                                Legal Document (Payment Possibly Required) 12 Filed: 1/7/2013, Entered: None Court Filing
                                                                                                Standing Order Re Final Pre-Trial Conferences for Civil Jury Trials Before Judge George H. Wu. You are instructed to read and to follow (unless otherwise superseded herein) the Central District of California Local Rules (henceforth Local Rules) 16-1 through 16-15 regarding pre-trial requirements. (See Order for details.) (kti) (Entered: 01/07/2013)
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                                                                                                  Legal Document (Payment Possibly Required) 11 Filed: 1/3/2013, Entered: None Court Filing
                                                                                                  ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 08-05 -Related Case- filed. Related Case No: CV12-10322 GW (FFMx). Case transferred from Judge Gary A. Feess and Magistrate Judge Ralph Zarefsky to Judge George H Wu and Magistrate Judge Frederick F. Mumm for all further proceedings. The case number will now reflect the initials of the transferee Judge CV12-10333 GW (FFMx).Signed by Judge George H Wu (at) (Entered: 01/07/2013)
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                                                                                                    Legal Document (Payment Possibly Required) 10 Filed: 12/27/2012, Entered: None
                                                                                                    STIPULATION Extending Time to Answer the complaint as to Disney Interactive Studios Inc answer now due 1/28/2013, filed by defendant Disney Interactive Studios Inc.(Reines, Edward) (Entered: 12/27/2012)
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                                                                                                      Legal Document (Payment Possibly Required) 9 Filed: 12/21/2012, Entered: None
                                                                                                      NOTICE of Related Case(s) filed by Plaintiff McRO Inc. Related Case(s): 15 (Lee, Irene) (Entered: 12/21/2012)
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                                                                                                        Legal Document (Payment Possibly Required) 8 Filed: 12/12/2012, Entered: None
                                                                                                        PROOF OF SERVICE Executed by Plaintiff McRO Inc, upon Defendant Disney Interactive Studios Inc served on 12/10/2012, answer due 12/31/2012. Service of the Summons and Complaint were executed upon Diane Austin, Senior Specialist Authorized to Accept Service in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Lee, Irene) (Entered: 12/12/2012)
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                                                                                                          Legal Document (Payment Possibly Required) 7 Filed: 12/7/2012, Entered: None
                                                                                                          NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to Vincent Filardo, Jr. for Plaintiff McRO Inc. Your Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $325.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U.S. Department of Justice are required to file a Pro Hac Vice application; no filing fee is required. (et) (Entered: 12/07/2012)
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                                                                                                            Legal Document (Payment Possibly Required) 6 Filed: 12/7/2012, Entered: None
                                                                                                            NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to Mark S. Raskin for Plaintiff McRO Inc. Your Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $325.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U.S. Department of Justice are required to file a Pro Hac Vice application; no filing fee is required. (et) (Entered: 12/07/2012)
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                                                                                                              Legal Document (Payment Possibly Required) 5 Filed: 12/4/2012, Entered: None
                                                                                                              NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) (Entered: 12/07/2012)
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                                                                                                                Legal Document (Payment Possibly Required) 4 Filed: 12/4/2012, Entered: None
                                                                                                                REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by McRO Inc. (et) (Entered: 12/07/2012)
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                                                                                                                  Legal Document (Payment Possibly Required) 3 Filed: 12/4/2012, Entered: None
                                                                                                                  DISCLOSURE STATEMENT filed by Plaintiff McRO Inc. (et) (mg). (Entered: 12/07/2012)
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                                                                                                                    Legal Document (Payment Possibly Required) 2 Filed: 12/4/2012, Entered: None
                                                                                                                    CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff McRO Inc. (et) (mg). (Entered: 12/07/2012)
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                                                                                                                      Blank 1 Filed: 12/4/2012, Entered: None Court Filing
                                                                                                                      COMPLAINT against Defendant Disney Interactive Studios Inc. Case assigned to Judge Gary A. Feess for all further proceedings. Discovery referred to Magistrate Judge Ralph Zarefsky. (Filing fee $ 350 PAID.) Jury Demanded., filed by Plaintiff McRO Inc.(et) (mg). (Entered: 12/07/2012)
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