Plaintiff TracFone Wireless, Inc. alleged that Defendants California Products International, Inc., Mohamad Ali Khalil and Kasem Mohamad Harkous willfully infringed on Plaintiff's trademarks, copyrights and other rights related to Plaintiff's prepaid wireless service and specially manufactured wireless telephones. Plaintiff alleged that Defendants engaged in unlawful business practices involving the unauthorized and unlawful bulk purchase and reale of TracFone/NET10 Prepaid Phones, unauthorized and unlawful computer unlocking or reflashing of TracFone/NET10 Prepaid Phones, alteration of TracFone's copyrighted and proprietary software computer code installed in the Phones and trafficking of the Phones for profit.
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Date Filed
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#
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Docket Text
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| March 20, 2008 |
1
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COMPLAINT against Defendants Mohamad Ali Khalil, Kasem Mohamad Harkous, DOES 1-10, California Products International, Inc.(Filing fee $ 350 PAID) Jury Demanded, filed by plaintiff
Tracfone Wireless, Inc.(car) Additional attachment(s) added on 3/26/2008 (hha, ). Additional attachment(s) added on 3/26/2008 (hha, ). (Entered: March 25, 2008)
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| March 20, 2008 |
2
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CERTIFICATE of Interested Parties filed by Plaintiff Tracfone Wireless, Inc.. (car) Additional attachment(s) added on 3/26/2008 (hha, ). (Entered: March 25, 2008)
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| March 20, 2008 |
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20 DAY Summons Issued re Complaint - (Discovery) 1 as to Defendants Mohamad
Ali Khalil, Kasem Mohamad Harkous, California Products International, Inc.. (car) (Entered: March 25, 2008)
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| March 20, 2008 |
3
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REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Tracfone Wireless, Inc.. (car) (Entered: March 25, 2008)
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| March 20, 2008 |
4
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REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by Tracfone Wireless, Inc.. (car) (Entered: March 25, 2008)
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| March 20, 2008 |
5
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APPLICATION OF NON-RESIDENT ATTORNEY Maria Montenegro for Leave to Appear Pro Hac Vice. FEE PAID filed by plaintiff Tracfone Wireless, Inc.. Lodged Order. (car) (Entered: March 25, 2008)
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| March 20, 2008 |
6
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APPLICATION OF NON-RESIDENT ATTORNEY James B Baldinger for Leave to Appear Pro Hac Vice. FEE PAID. filed by plaintiff Tracfone Wireless, Inc.. Lodged Order. (car) (Entered: March 25, 2008)
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| March 20, 2008 |
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FAX number for Attorney Megan L Wagner is (714) 384-4131. (car) (Entered: March 25, 2008)
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| March 20, 2008 |
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FAX number for Attorney James B Baldinger, Maria Montenegro is (561) 659-7368. (car) (Entered: March 25, 2008)
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| March 31, 2008 |
7
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Proof OF SERVICE filed by Plaintiff Tracfone Wireless, Inc., re Complaint - (Discovery), Complaint - (Discovery) 1 , Report on Filing of Patent/Trademark Action (Initial Notification)(AO 120)
3 , APPLICATION OF NON-RESIDENT ATTORNEY Maria Montenegro for Leave to Appear
Pro Hac Vice. FEE PAID. 5 , APPLICATION OF NON-RESIDENT ATTORNEY James B
Baldinger for Leave to Appear Pro Hac Vice. FEE PAID. 6 , Report on Filing of
Copyright Action (Initial Notification) 4 , Summons Issued, Certificate of
Interested Parties 2 Of California Products International, Inc. served
on 3/26/08. (Kohut, Sarah) (Entered: March 31, 2008)
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| March 31, 2008 |
8
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PROOF OF SERVICE filed by Plaintiff Tracfone Wireless, Inc., re Complaint - (Discovery), Complaint - (Discovery) 1 , Report on Filing of Patent/Trademark Action (Initial Notification)(AO 120)
3 , APPLICATION OF NON-RESIDENT ATTORNEY Maria Montenegro for Leave to Appear
Pro Hac Vice. FEE PAID. 5 , APPLICATION OF NON-RESIDENT ATTORNEY James B
Baldinger for Leave to Appear Pro Hac Vice. FEE PAID. 6 , Report on Filing of
Copyright Action (Initial Notification) 4 , Summons Issued, Certificate of
Interested Parties 2 Of Mohamad Ali Khalil served on 3/26/08. (Kohut,
Sarah) (Entered: March 31, 2008)
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| March 31, 2008 |
9
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PROOF OF SERVICE Executed by Plaintiff Tracfone Wireless, Inc., upon Kasem Mohamad Harkous served on 3/26/2008, answer due 4/15/2008. The Summons and Complaint were served by Sub-Service
service, by Federal statute, upon Mohamad Khalil. Due Dilligence declaration is attached. Original Summons was returned. (Kohut, Sarah) (Entered: March 31, 2008)
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| March 31, 2008 |
10
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PROOF OF SERVICE Executed by Plaintiff Tracfone Wireless, Inc., upon California Products International, Inc. served on 3/26/2008, answer due 4/15/2008. Original Summons was returned.
(Kohut, Sarah) (Entered: March 31, 2008)
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| March 31, 2008 |
11
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PROOF OF SERVICE Executed by Plaintiff Tracfone Wireless, Inc., upon Mohamad Ali Khalil served on 3/26/2008, answer due 4/15/2008. Original Summons was returned. (Kohut, Sarah) (Entered:
03/31/2008)
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| March 31, 2008 |
13
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ORDER by Judge George H. King Granting APPLICATION OF NON-RESIDENT ATTORNEY James B Baldinger for Leave to Appear Pro Hac Vice. FEE PAID. 6 on behalf of Plaintiff Tracfone Wireless, Inc. Sarah K. Hohut is designated as local
counsel. Fee PAID. (da) (Entered: April 1, 2008)
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| March 31, 2008 |
14
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ORDER by Judge George H. King Granting APPLICATION OF NON-RESIDENT ATTORNEY Maria Montenegro for Leave to Appear Pro Hac Vice. FEE PAID. 5 on behalf of Plaintiff Tracfone Wireless, Inc. Sarah K. Kohut is designated as local
counsel. Fee PAID. (da) (Entered: April 1, 2008)
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| March 31, 2008 |
15
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20 day Summons Returned Executed filed by plaintiff Tracfone Wireless, Inc.. as to Mohamad Ali Khalil, Kasem Mohamad Harkous, California Products International, Inc.. (es) (Entered:
04/02/2008)
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| April 1, 2008 |
12
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NOTICE of Manual Filing filed by Plaintiff Tracfone Wireless, Inc. of Original Summons. (Kohut, Sarah) (Entered: April 1, 2008)
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| April 3, 2008 |
16
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EX PARTE APPLICATION to Expedite Discovery & For Order To Preserve Evidence filed by Plaintiff Tracfone Wireless, Inc.. (Attachments: # 1 Proposed Order Granting Plaintiff's Ex Parte Application For Expedited Discovery & For Order To Preserve Evidence# 2 Declaration Of Jill Garcia In Support Of Ex Parte Applications For Order To Preserve Evidence & For Expedited Discovery#
3 Declaration Of Justin Chappell In Support Of Ex Parte Applications For Expedited Discovery & For Order To Preserve
Evidence# 4 Declaration Of Anita Tourisia In Support Of Ex Parte Applications For Expedited Discovery & For Order To
Preserve Evidence)(Kohut, Sarah) (Entered: April 3, 2008)
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| April 8, 2008 |
17
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PROOF OF SERVICE filed by Plaintiff Tracfone Wireless, Inc., re EX PARTE APPLICATION to Expedite Discovery & For Order To Preserve Evidence 16 ; Proposed Order Granting Plaintiff's Ex Parte Application For Expedited
Discovery & For Order To Preserve Evidence; Declarations of Jill Garcia, Justin Chappell & Anita Tourisia In Support Of Ex Parte Applications. (Served On Defendant CA Products
International, Inc.) served on 4/6/08. (Kohut, Sarah) (Entered: April 8, 2008)
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| April 8, 2008 |
18
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PROOF OF SERVICE filed by Plaintiff Tracfone Wireless, Inc., re Proof of Service (subsequent documents), Proof of Service (subsequent documents) 17 ; Proposed Order Granting Plaintiff's Ex Parte Application For Expedited
Discovery & For Order To Preserve Evidence; Declarations of Jill Garcia, Justin Chappell & Anita Tourisia In Support Of Ex Parte Applications. (Served On Defendant Kasem Mohamad
Harkous) served on 4/6/08. (Kohut, Sarah) (Entered: April 8, 2008)
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| April 8, 2008 |
19
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PROOF OF SERVICE filed by Plaintiff Tracfone Wireless, Inc., re EX PARTE APPLICATION to Expedite Discovery & For Order To Preserve Evidence 16 ; Proposed Order Granting Plaintiff's Ex Parte Application For Expedited
Discovery & For Order To Preserve Evidence; Declarations of Jill Garcia, Justin Chappell & Anita Tourisia In Support Of Ex Parte Applications. (Served On Defendant Mohamad
Khalil) served on 4/8/08. (Kohut, Sarah) (Entered: April 8, 2008)
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| April 8, 2008 |
20
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ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 07-02 -Related Case- filed. Related Case No: EDCV 07-1355 SGL (JCRx). Case transfered from Judge George H. King and Fernando M. Olguin to Judge
Stephen G. Larson and John Charles Rayburn, Jr for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 08-1877 SGL (JCRx).Signed by Judge
Stephen G. Larson (rn) (Entered: April 8, 2008)
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| April 17, 2008 |
21
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APPLICATION OF NON-RESIDENT ATTORNEY Matthew A. Leish for Leave to Appear Pro Hac Vice. FEE NOT PAID. filed by Plaintiff Tracfone Wireless, Inc.. (Attachments: # 1 Proposed Order On Application Of Non-Resident Attorney To Appear In A Specific Case)(Kohut, Sarah) (Entered: April 17, 2008)
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| April 22, 2008 |
22
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FIRST STIPULATION Extending Time to Answer the complaint as to Mohamad Ali Khalil answer now due 4/28/2008; California Products International, Inc. answer now due 4/28/2008, filed by
Defendants California Products International Inc. & Mohamad Ali Khalil Mohamad Ali Khalil; California Products International, Inc..(Nixon, Daniel) (Entered: April 22, 2008)
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| April 22, 2008 |
23
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MEMORANDUM of Points and Authorities in Opposition filed by Defendants Mohamad Ali Khalil, California Products International, Inc.. Re: EX PARTE APPLICATION to Expedite Discovery &
For Order To Preserve Evidence 16 (Attachments: # 1 Declaration Declaration of Cathrynne Dale in Support of Opposition# 2
Exhibit Exhibits 1-8 in support of declaration)(Nixon, Daniel) (Entered: April 22, 2008)
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| April 23, 2008 |
24
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MINUTES OF Telephone Conference held before Judge John Charles Rayburn Jr.: Plaintiff Tracfone Wireless, Inc. ("Plaintiff"), has not stated a sufficient basis to justify granting its Ex
Parte Application For Expedited Discovery And For Order To Preserve Evidence, given the impact the ex parte application would have on case management issues. Therefore, the ex parte
application is DENIED without prejudice. Court Smart: 4-23-08. (dts) (Entered: April 23, 2008)
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| April 24, 2008 |
25
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ORDER by Judge Stephen G. Larson GRANTING APPLICATION OF NON-RESIDENT ATTORNEY Matthew A. Leish for Leave to Appear Pro Hac Vice. FEE NOT PAID. 21 (am) (Entered: April 24, 2008)
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| April 24, 2008 |
26
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SUPPLEMENT to Memorandum of Points and Authorities in Opposition (non-motion), Memorandum of Points and Authorities in Opposition (non-motion) 23 filed by Defendants Mohamad Ali Khalil, California Products International, Inc..
(Nixon, Daniel) (Entered: April 24, 2008)
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| April 25, 2008 |
27
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MINUTES OF IN CHAMBERS ORDER held before Judge John Charles Rayburn Jr.: Defendants' request for the opportunity to provide further briefing on the DMCA and California authority regarding
Tracfone's claims that unlocking cell phones is improper and/or illegal is DENIED as moot.re: Supplement (non-motion) 26 . (dts) (Entered: April 25, 2008)
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| April 28, 2008 |
28
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Second STIPULATION for Extension of Time to File RESPOND TO COMPLAINT filed by Defendants Mohamad Ali Khalil, California Products International, Inc..(Nixon, Daniel) (Entered: April 28, 2008)
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| May 8, 2008 |
29
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NOTICE of Change of Attorney Information for attorney Cathrynne D Dale counsel for Defendants Mohamad Ali Khalil, California Products International, Inc.. Adding Cathrynne D. Dale as
attorney as counsel of record for California Products International, Inc. and Mohamad Ali Khalil for the reason indicated in the G-06 Notice. Filed by Defendants California Products
International, Inc. and Mohamad Ali Khalil (Dale, Cathrynne) (Entered: May 8, 2008)
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| May 9, 2008 |
30
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Third STIPULATION for Extension of Time to File RESPOND TO COMPLAINT filed by Defendants Mohamad Ali Khalil, California Products International, Inc..(Dale, Cathrynne) (Entered:
05/09/2008)
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| May 16, 2008 |
31
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ANSWER TO TRACFONE WIRELESS, INC.'S COMPLAINT filed by Defendants Mohamad Ali Khalil, California Products International, Inc..(Dale, Cathrynne) (Entered: May 16, 2008)
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| May 16, 2008 |
32
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NOTICE of Related Case(s) filed by Defendants Mohamad Ali Khalil, California Products International, Inc.. Related Case(s): 07-01460; 08-01877; 08-0444; 08-02691 (Dale, Cathrynne)
(Entered: May 16, 2008)
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| May 16, 2008 |
33
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NOTICE of Interested Parties filed by Defendants Mohamad Ali Khalil, California Products International, Inc.. (Dale, Cathrynne) (Entered: May 16, 2008)
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| May 19, 2008 |
34
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ORDER by Judge Stephen G. Larson,Scheduling Conference set for 10/27/2008 at 09:30 AM before Judge Stephen G. Larson. (am) (Entered: May 19, 2008)
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| June 4, 2008 |
35
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REQUEST to Substitute attorney Aftab A. Malik in place of attorney Daniel V. Nixon and Cathrynne D. Dale filed by Defendants Mohamad Ali Khalil, California Products International, Inc..
(Attachments: # 1 Proposed Order Order on Request for Approval of Substitution of Attorney)(Dale, Cathrynne) (Entered:
06/04/2008)
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| June 6, 2008 |
36
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ORDER by Judge Stephen G. Larson Granting REQUEST to Substitute attorney Aftab A. Malik in place of attorneys Daniel V. Nixon and Cathrynne D. Dale 35 . Substituting attorney Aftab Alam Malik for Defendants Mohamad Ali Khalil and
California Products International, Inc. in place and stead of attorneys Cathrynne D Dale and Daniel V Nixon. (ad) (Entered: June 10, 2008)
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| June 6, 2008 |
37
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CROSSCLAIM against Cross Defendants Carlos Slim, tracfon Wireless Inc America Movil SAB de CV, Radiomovil Dipsa SA de CV, CTI PCS SA, CTI Compania de Telefonos del Interior SA, Americel
SA, BCP SA, Claro Chile SA, Comunicacion Celular SA, Consorcio Ecuatoriano de Telecomunicationes SA, CTE Telecom Personal SA de CV, Servicios de Communicaciones Personales Inalambricas
SA, Servicios de Comunicaciones de Honduras SA de CV, Empresa Nicaraguense de Telecomunicaciones SA, AMX Paraguay SA, America Movil Peru SAC, Telecomunicaiones de Puerto Rico Inc, AM
Wireless Uraguay SA, Compania Dominicana de Telefonas, C Por A, Carlton Fields PA, James B Baldinger, Target Brands Inc, Wal-Mart Corporation, Sams Club, CVS Corporation, Walgreens, DOES,
filed by cross claimant California Products International, Inc..(am) (Entered: June 10, 2008)
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| June 30, 2008 |
38
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NOTICE OF MOTION AND MOTION to Dismiss Counterclaims or in the Alternative, Motion for A More Definite Statement filed by Plaintiff Tracfone Wireless, Inc.. Motion set for hearing on
8/25/2008 at 10:00 AM before Judge Stephen G. Larson. (Attachments: # 1 Declaration of Leish in Support of Tracfone's Mottion
to Dismiss, # 2 Exhibit A to Leish Declaration, # 3 Exhibit
Exhibit B to Leish Declaration, # 4 Exhibit Exhibits G - J of Leish Declaration, # 5 Proposed Order Granting Motion to Dismiss Counterclaims)(Wagner, Megan) (Entered: June 30, 2008)
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