Main Hastings, LLC v. Berkshire Hathaway, Inc. et al

Federal Civil Lawsuit Texas Eastern District Court, Case No. 2:10-cv-00548
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Last Updated January 15, 2017 at 8:07 PM EST (8.4 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Main Hastings, LLC, Plaintiff

Represented by NELSON LAW FIRM

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

Represented by po box 750 Law Firm Placeholder

Name Phone Fax E-Mail
TERMINATED: 07/05/2011, ATTORNEY TO BE NOTICED Gregory Phillip Love +1 903 690 7100 +1 903 392 2267 greg@lovetrialfirm.com

Represented by Stevens Henry, PLLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Scott English Stevens +1 903 753 6760 +1 903 753 6761 scott@stevenshenry.com
v.
No Logo Berkshire Hathaway, Inc., Defendant

Represented by Weitzman Law Offices, LLC (NJ)

Name Phone Fax E-Mail
TERMINATED: 03/21/2011, LEAD ATTORNEY TTAB Attorney Placeholder cphipps@lockelord.com
No Logo Russell Brands, LLC, Defendant

Represented by Weitzman Law Offices, LLC (NJ)

Name Phone Fax E-Mail
TERMINATED: 07/05/2011, LEAD ATTORNEY, ATTORNEY TO BE NOTICED TTAB Attorney Placeholder cphipps@lockelord.com
No Logo The Pampered Chef, Ltd, Defendant

Represented by Weitzman Law Offices, LLC (NJ)

Name Phone Fax E-Mail
TERMINATED: 04/14/2011, LEAD ATTORNEY TTAB Attorney Placeholder cphipps@lockelord.com
No Logo The Scott Fetzer Company, Defendant

Represented by Weitzman Law Offices, LLC (NJ)

Name Phone Fax E-Mail
TERMINATED: 03/21/2011, LEAD ATTORNEY TTAB Attorney Placeholder cphipps@lockelord.com
No Logo Wayne/scott Fetzer Company, Defendant

Represented by Weitzman Law Offices, LLC (NJ)

Name Phone Fax E-Mail
TERMINATED: 07/05/2011, LEAD ATTORNEY, ATTORNEY TO BE NOTICED TTAB Attorney Placeholder cphipps@lockelord.com
Other Parties
United States of America United States of America, Intervenor

Represented by United States Department of Justice

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Robert Austin Wells +1 903 590 1400 +1 903 590 1436 robert.wells3@usdoj.gov
Attributes
Timeline
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Legal Document (Payment Possibly Required) 49 Filed: 1/17/2012, Entered: None Court Filing
ORDER REFERRING CASE to Magistrate Judge Caroline Craven for all pretrial purposes. Signed by Judge David Folsom on 1/17/12. (mrm, ) (Entered: 01/17/2012)
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Legal Document (Payment Possibly Required) 48 Filed: 1/4/2012, Entered: None Court Filing
ORDER REASSIGNING CASE. Case reassigned to Judge David Folsom for all further proceedings. Judge Rodney Gilstrap no longer assigned to case. Signed by Judge Rodney Gilstrap on 1/4/2012. (ch, ) (Entered: 01/04/2012)
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Legal Document (Payment Possibly Required) 47 Filed: 10/5/2011, Entered: None Court Filing
MISC. ORDER 11-1 REASSIGNING CASE. Case reassigned to Judge David Folsom for all further proceedings. Judge T. John Ward no longer assigned to case. Signed by Judge David Folsom on 10/3/2011. (ch, ) (Entered: 10/05/2011)
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Legal Document (Payment Possibly Required) 46 Filed: 7/5/2011, Entered: None Court Filing
ORDER - granting 45 Stipulation of Dismissal. All claims asserted in this suit between plaintiff, Main Hastings, LLC, and Defendants, Russell Brands, LLC, f.k.a. Russell Corporation; and Wayne/Scott Fetzer Company (d.b.a. Wayne Combustion Systems), are hereby dismissed with prejudice, subject to the terms of that certain agreement entitled SETTLEMENT AGREEMENT and dated 6/13/2011. It is further ORDERED that all attorneys fees and costs are to be borne by the party that incurred them. Signed by Judge T. John Ward on 7/5/2011. (ch, ) (Entered: 07/05/2011)
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Legal Document (Payment Possibly Required) 45 Filed: 6/24/2011, Entered: None
STIPULATION of Dismissal Stipulated Motion for Dismissal with Prejudice by Main Hastings LLC. (Attachments: # 1 Text of Proposed Order)(Stevens, Scott) (Entered: 06/24/2011)
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Legal Document (Payment Possibly Required) 44 Filed: 6/21/2011, Entered: None Court Filing
ORDER granting 42 Motion for Certification and for Leave to Intervene. The Court CERTIFIES under 28 U.S.C. § 2403 that the constitutionality of 35 U.S.C. § 292, a statute affecting the public interest, has been called into question by a court paper filed in this case. The United States is permitted o intervene in this case for the limited purpose of defending the constitutionality of 35 U.S.C. § 292. The Clerk is directed to list the United States as an Intervenor on the docket. The Court further ORDERS the parties to serve all notices and pleadings filed in this case upon the United States. The United States may electronically file its brief within thirty days of the date of this Order.. Signed by Judge T. John Ward on 6/21/11. (ehs, ) (Entered: 06/21/2011)
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Legal Document (Payment Possibly Required) 43 Filed: 6/13/2011, Entered: None Court Filing
ORDER granting 41 Motion for Extension of Time to File Response/Reply re 39 MOTION to Sever Defendants' Motion to Sever and Transfer Responses due by 7/5/2011. Signed by Judge T. John Ward on 6/13/2011. (ch, ) (Entered: 06/13/2011)
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Legal Document (Payment Possibly Required) 42 Filed: 6/13/2011, Entered: None
Unopposed MOTION to Intervene Defending the Constitutionality of 35 U.S.C. § 292 by UNITED STATES OF AMERICA. (Attachments: # 1 Text of Proposed Order)(Wells, Robert) (Entered: 06/13/2011)
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Legal Document (Payment Possibly Required) 41 Filed: 6/2/2011, Entered: None
Unopposed MOTION for Extension of Time to File Response/Reply as to 39 MOTION to Sever Defendants' Motion to Sever and Transfer by Main Hastings LLC. (Attachments: # 1 Text of Proposed Order)(Stevens, Scott) (Entered: 06/02/2011)
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Legal Document (Payment Possibly Required) 40 Filed: 5/20/2011, Entered: None Court Filing
ORDER granting 38 Motion for Extension of Time to File. United States deadline is extended to 6/13/2011 to intervene in the constitutional challenge pending in the captioned action. Signed by Judge T. John Ward on 5/20/2011. (ch, ) (Entered: 05/20/2011)
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Legal Document (Payment Possibly Required) 39 Filed: 5/17/2011, Entered: None
MOTION to Sever Defendants' Motion to Sever and Transfer by Berkshire Hathaway Inc, Russell Brands LLC, The Pampered Chef Ltd, The Scott Fetzer Company, Wayne/Scott Fetzer Company. (Attachments: # 1 Exhibit A - Declaration and formation certificate, # 2 Exhibit B - Russell Declaration, # 3 Exhibit C - WSF Declaration, # 4 Text of Proposed Order)(Phipps, Charles) (Entered: 05/17/2011)
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Legal Document (Payment Possibly Required) 38 Filed: 5/16/2011, Entered: None
Unopposed MOTION for Extension of Time to File Motion to Intervene Defending the Constitutionality of 35 U.S.C. § 292 by UNITED STATES OF AMERICA. (Attachments: # 1 Text of Proposed Order)(Wells, Robert) (Entered: 05/16/2011)
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Legal Document (Payment Possibly Required) 37 Filed: 5/12/2011, Entered: None
REPLY to Response to Motion re 23 MOTION to Stay filed by Russell Brands LLC, Wayne/Scott Fetzer Company. (Phipps, Charles) (Entered: 05/12/2011)
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Legal Document (Payment Possibly Required) 36 Filed: 5/12/2011, Entered: None
REPLY to Response to Motion re 24 MOTION to Dismiss filed by Russell Brands LLC, Wayne/Scott Fetzer Company. (Phipps, Charles) (Entered: 05/12/2011)
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Legal Document (Payment Possibly Required) 35 Filed: 5/2/2011, Entered: None
RESPONSE in Opposition re 24 MOTION to Dismiss filed by Main Hastings LLC. (Stevens, Scott) (Entered: 05/02/2011)
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Legal Document (Payment Possibly Required) 34 Filed: 5/2/2011, Entered: None
RESPONSE in Opposition re 23 MOTION to Stay filed by Main Hastings LLC. (Stevens, Scott) (Entered: 05/02/2011)
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Legal Document (Payment Possibly Required) 33 Filed: 4/27/2011, Entered: None Court Filing
ORDER granting 32 Motion for Extension of Time to File Response. Main Hastings, LLC shall have until and including May 2, 2011 to file a responsive pleading to Defendants Russell Brands, LLC, a.k.a. Russell Corporation (d.b.a. Spalding) and Wayne/Scott Fetzer Company (d.b.a. Wayne Combustion Systems)s Motion to Dismiss the Complaint Under Fed. R. Civ. P. 12(b)(6) [Docket 24]; andMain Hastings, LLC shall have until and including May 2, 2011 to file responsive pleading to Defendants Russell Brands, LLC, a.k.a. Russell Corporation (d.b.a. Spalding) and Wayne/Scott Fetzer Company (d.b.a. Wayne Combustion Systems)s Motion to Stay [Docket No. 23]. Responses due by 5/2/2011. Signed by Judge T. John Ward on 4/27/11. (ehs, ) (Entered: 04/27/2011)
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Legal Document (Payment Possibly Required) 32 Filed: 4/18/2011, Entered: None
Unopposed MOTION for Extension of Time to File Response/Reply as to 24 MOTION to Dismiss, 23 MOTION to Stay by Main Hastings LLC. (Attachments: # 1 Text of Proposed Order)(Stevens, Scott) (Entered: 04/18/2011)
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Legal Document (Payment Possibly Required) 31 Filed: 4/14/2011, Entered: None Court Filing
ORDER granting 30 Motion to Dismiss. All claims asserted in this suit between plaintiff, Main Hastings, LLC, and Defendant, The Pampered Chef, Ltd., only, are hereby dismissed without prejudice. It is further ORDERED that all attorneys fees and costs are to be borne by the party that incurred them. Signed by Judge T. John Ward on 4/13/2011. (ch, ) (Entered: 04/14/2011)
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Legal Document (Payment Possibly Required) 30 Filed: 4/7/2011, Entered: None
Unopposed MOTION to Dismiss The Pampered Chef, Ltd., Without Prejudice by Main Hastings LLC. (Attachments: # 1 Text of Proposed Order)(Love, Gregory) (Entered: 04/07/2011)
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Legal Document (Payment Possibly Required) 29 Filed: 4/5/2011, Entered: None Court Filing
ORDER granting 28 Motion for Extension of Time to File Response/Reply re 24 MOTION to Dismiss Responses due by 4/18/2011. Signed by Judge T. John Ward on 4/5/2011. (ch, ) (Entered: 04/05/2011)
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Legal Document (Payment Possibly Required) 28 Filed: 4/1/2011, Entered: None
Unopposed MOTION for Extension of Time to File Response/Reply as to 24 MOTION to Dismiss, 23 MOTION to Stay by Main Hastings LLC. (Attachments: # 1 Text of Proposed Order)(Stevens, Scott) (Entered: 04/01/2011)
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Legal Document (Payment Possibly Required) 27 Filed: 3/18/2011, Entered: None Court Filing
ORDER granting 22 Motion to Dismiss deft The Scott Fetzer Co without prejudice. All claims are dismissed without prejudice as to deft The Scott Fetzer Co., all attorneys fees and costs are to be borne by the party thatincurred them.. Signed by Judge T. John Ward on 3/18/11. (ehs, ) (Entered: 03/18/2011)
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Legal Document (Payment Possibly Required) 26 Filed: 3/18/2011, Entered: None Court Filing
ORDER granting 21 Motion to Dismiss deft Berkshire Hathaway Inc. All claims dismissed without prejudice. All attorneys' and costs are to be borne by the party that incurred them. Signed by Judge T. John Ward on 3/18/11. (ehs, ) (Entered: 03/18/2011)
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Legal Document (Payment Possibly Required) 25 Filed: 3/16/2011, Entered: None
NOTICE by Berkshire Hathaway Inc, Russell Brands LLC, The Pampered Chef Ltd, The Scott Fetzer Company, Wayne/Scott Fetzer Company Notice of Constitutional Challenge (Phipps, Charles) (Entered: 03/16/2011)
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Legal Document (Payment Possibly Required) 24 Filed: 3/16/2011, Entered: None
MOTION to Dismiss by Berkshire Hathaway Inc, Russell Brands LLC, The Pampered Chef Ltd, The Scott Fetzer Company, Wayne/Scott Fetzer Company. (Attachments: # 1 Exhibit A - Table of Contents, # 2 Exhibit B - Unreported Opinion, # 3 Exhibit C - Unreported Opinion, # 4 Exhibit D - Unreported Opinion, # 5 Exhibit E - Unreported Opinion, # 6 Exhibit F - Unreported Opinion, # 7 Exhibit G - Unreported Opinion, # 8 Exhibit H - Unreported Order, # 9 Exhibit I - Unreported Opinion, # 10 Exhibit J - Unreported Opinion, # 11 Exhibit K - Court Filing, # 12 Exhibit L - Court Filing, # 13 Exhibit M - Unreported Opinion, # 14 Text of Proposed Order)(Phipps, Charles) (Entered: 03/16/2011)
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Legal Document (Payment Possibly Required) 23 Filed: 3/16/2011, Entered: None
MOTION to Stay by Berkshire Hathaway Inc, Russell Brands LLC, The Pampered Chef Ltd, The Scott Fetzer Company, Wayne/Scott Fetzer Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Text of Proposed Order)(Phipps, Charles) (Entered: 03/16/2011)
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Legal Document (Payment Possibly Required) 22 Filed: 3/16/2011, Entered: None
Unopposed MOTION to Dismiss Without Prejudice as to The Scott Fetzer Company by Main Hastings LLC. (Attachments: # 1 Text of Proposed Order)(Love, Gregory) (Entered: 03/16/2011)
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Legal Document (Payment Possibly Required) 21 Filed: 3/16/2011, Entered: None
Unopposed MOTION to Dismiss Without Prejudice as to Berkshire Hathaway, Inc. by Main Hastings LLC. (Attachments: # 1 Text of Proposed Order)(Love, Gregory) (Entered: 03/16/2011)
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Legal Document (Payment Possibly Required) 20 Filed: 2/10/2011, Entered: None
Defendant's Unopposed Second Application for Extension of Time to Answer, Move or Otherwise Plead in Response to Complaint re The Pampered Chef Ltd.( Phipps, Charles) (Entered: 02/10/2011)
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Legal Document (Payment Possibly Required) 19 Filed: 2/10/2011, Entered: None
Defendant's Unopposed Second Application for Extension of Time to Answer, Move or Otherwise Plead in Response to Complaint re Russell Brands LLC.( Phipps, Charles) (Entered: 02/10/2011)
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Legal Document (Payment Possibly Required) 18 Filed: 2/10/2011, Entered: None
Defendant's Unopposed Second Application for Extension of Time to Answer, Move or Otherwise Plead in Response to Complaint re Wayne/Scott Fetzer Company.( Phipps, Charles) (Entered: 02/10/2011)
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Legal Document (Payment Possibly Required) 17 Filed: 2/10/2011, Entered: None
Defendant's Unopposed Second Application for Extension of Time to Answer, Move or Otherwise Plead in Response to Complaint re The Scott Fetzer Company.( Phipps, Charles) (Entered: 02/10/2011)
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Legal Document (Payment Possibly Required) 16 Filed: 2/10/2011, Entered: None
Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re Berkshire Hathaway Inc.( Phipps, Charles) (Entered: 02/10/2011)
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Legal Document (Payment Possibly Required) 15 Filed: 1/13/2011, Entered: None
Defendant's Unopposed First Application for Extension of Time to Answer, Move or Otherwise Plead in Response to the Complaint re The Scott Fetzer Company.( Phipps, Charles) (Entered: 01/13/2011)
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Legal Document (Payment Possibly Required) 14 Filed: 1/13/2011, Entered: None
Defendant's Unopposed First Application for Extension of Time to Answer, Move or Otherwise Plead in Response to Complaint re Wayne/Scott Fetzer Company.(Phipps, Charles) (Entered: 01/13/2011)
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Legal Document (Payment Possibly Required) 13 Filed: 1/13/2011, Entered: None
Defendant's Unopposed First Application for Extension of Time to Answer, Move or Otherwise Plead in Response to Complaint re Russell Brands LLC.(Phipps, Charles) (Entered: 01/13/2011)
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Legal Document (Payment Possibly Required) 12 Filed: 1/13/2011, Entered: None
Defendant's Unopposed First Application for Extension of Time to Answer, Move or Otherwise Plead in Response to Complaint re The Pampered Chef Ltd.(Phipps, Charles) (Entered: 01/13/2011)
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Legal Document (Payment Possibly Required) 11 Filed: 1/13/2011, Entered: None
Defendant's Unopposed First Application for Extension of Time to Answer, Move Or Otherwise Plead in Response to Complaint re Berkshire Hathaway Inc.( Phipps, Charles) (Entered: 01/13/2011)
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Legal Document (Payment Possibly Required) 10 Filed: 1/6/2011, Entered: None
E-GOV SEALED SUMMONS Returned Executed by Main Hastings LLC. Wayne/Scott Fetzer Company served on 12/22/2010 by CM RRR c/o The Corporation Trust Co, answer due 1/12/2011. (ehs, ) (Entered: 01/06/2011)
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Legal Document (Payment Possibly Required) 9 Filed: 1/6/2011, Entered: None
E-GOV SEALED SUMMONS Returned Executed by Main Hastings LLC. Berkshire Hathaway Inc served on 12/22/2010 by CM RRR c/o The Corporation Trust Co, answer due 1/12/2011. (ehs, ) (Entered: 01/06/2011)
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Legal Document (Payment Possibly Required) 8 Filed: 12/29/2010, Entered: None
E-GOV SEALED SUMMONS Returned Executed by Main Hastings LLC. The Scott Fetzer Company served on 12/20/2010 by CM RRR c/o CT Corporation System, answer due 1/10/2011. (ehs, ) (Entered: 12/29/2010)
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Legal Document (Payment Possibly Required) 7 Filed: 12/29/2010, Entered: None
E-GOV SEALED SUMMONS Returned Executed by Main Hastings LLC. The Pampered Chef Ltd served on 12/22/2010 by CM RRR c/o CT Corporation System, answer due 1/12/2011. (ehs, ) (Entered: 12/29/2010)
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Legal Document (Payment Possibly Required) 6 Filed: 12/29/2010, Entered: None
E-GOV SEALED SUMMONS Returned Executed by Main Hastings LLC. Russell Brands LLC served on 12/21/2010 by CM RRR c/o Corporation Service Company, answer due 1/11/2011. (ehs, ) (Entered: 12/29/2010)
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Legal Document (Payment Possibly Required) 5 Filed: 12/13/2010, Entered: None
E-GOV SEALED SUMMONS Issued as to Berkshire Hathaway, Inc., (Attachments: # 1 Russell Brands LLC, # 2 The Scott Fetzer Company, # 3 The Pampered Chef Ltd, # 4 Wayne/Scott Fetzer Company)(ch, ) (Entered: 12/13/2010)
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Legal Document (Payment Possibly Required) 3 Filed: 12/10/2010, Entered: None
NOTICE of Attorney Appearance by Kyle Joseph Nelson on behalf of Main Hastings, LLC (Nelson, Kyle) (Entered: 12/10/2010)
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Legal Document (Payment Possibly Required) 2 Filed: 12/10/2010, Entered: None
NOTICE of Attorney Appearance by Scott English Stevens on behalf of Main Hastings, LLC (Stevens, Scott) (Entered: 12/10/2010)
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Legal Document (Payment Possibly Required) 1 Filed: 12/10/2010, Entered: None
COMPLAINT against Berkshire Hathaway, Inc., Russell Brands, LLC, The Pampered Chef, Ltd., The Scott Fetzer Company, Wayne/Scott Fetzer Company ( Filing fee $ 350 receipt number 0540-2796316.), filed by Main Hastings, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3.1, # 4 Exhibit 3.2, # 5 Exhibit 3.3, # 6 Exhibit 3.4, # 7 Exhibit 3.5, # 8 Exhibit 3.6, # 9 Exhibit 4, # 10 Exhibit 5, # 11 Exhibit 6, # 12 Exhibit 7, # 13 Exhibit 8, # 14 Exhibit 9, # 15 Exhibit 10, # 16 Exhibit 11, # 17 Civil Cover Sheet)(Love, Gregory) (Entered: 12/10/2010)
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