Promera Health, LLC. v. Vireo Systems, Inc. et al, Docket No. 8:16-cv-00008 (D. Neb. Jan 11, 2016), Court Docket
`
`Current on Bloomberg Law as of Mar 30, 2016 15:06:58
`
`U.S. District Court
`District of Nebraska (8 Omaha)
`CIVIL DOCKET FOR CASE #: 8:16-cv-00008-JFB-TDT
`
`Promera Health, LLC. v. Vireo Systems, Inc. et al
`
`Date Filed:
`Nature of suit:
`Assigned to:
`Case in other court:
`
`Cause:
`Jurisdiction:
`Jury demand:
`Lead case:
`Member cases:
`Referred to:
`Related Documents:
`
`Jan 11, 2016
`830 Patent
`Senior Judge Joseph F. Bataillon
`Massachusetts, 1:15-cv-10595
`USDC-NE, 8:15cv00135
`28:1338 Patent Infringement
`Federal Question
`Both
`8:15-cv-00135-JFB-TDT
`8:16-cv-00008-JFB-TDT
`Magistrate Judge Thomas D. Thalken
`U.S. Patent No. 8,962,685, Creatine oral supplementation using creatine
`hydrochloride salt
`U.S. Patent No. 8,354,450, Creatine oral supplementation using creatine
`hydrochloride salt
`
`Plaintiff
`Promera Health, LLC
`
`Parties and Attorneys
`
`Attorneys and Firms
`David M. Magee
`PEPPER, HAMILTON LAW FIRM -
`BOSTON
`125 High Street
`19th Floor
`Boston, MA 02110
`(617) 204-5100
`Fax: (617) 204-5150
`mageed@pepperlaw.com
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`John C. Hansberry
`PEPPER, HAMILTON LAW FIRM -
`PITTSBURGH
`500 Grant Street
`Suite 500
`Pittsburgh, PA 15219
`(412) 454-5051
`
`© 2016 The Bureau of National Affairs, Inc. All Rights Reserved. Terms of Service
` // PAGE 1
`
`001
`
`Harvest Trading Group - Ex. 1104
`
`

`
`Promera Health, LLC. v. Vireo Systems, Inc. et al, Docket No. 8:16-cv-00008 (D. Neb. Jan 11, 2016), Court Docket
`
`Defendant
`Vireo Systems, Inc.
`
`Fax: (412) 281-0717
`hansberj@pepperlaw.com
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`Luke C. Holst
`MCGRATH, NORTH LAW FIRM
`1601 Dodge Street
`Suite 3700, First National Tower
`Omaha, NE 68102-1627
`(402) 341-3070
`Fax: (402) 341-0216
`lholst@mcgrathnorth.com
`ATTORNEY TO BE NOTICED
`Patrick E. Brookhouser , Jr.
`MCGRATH, NORTH LAW FIRM
`1601 Dodge Street
`Suite 3700, First National Tower
`Omaha, NE 68102-1627
`(402) 341-3070
`Fax: (402) 341-0216
`pbrookhouser@mcgrathnorth.com
`ATTORNEY TO BE NOTICED
`Attorneys and Firms
`B. Garth Glissman , II
`KUTAK, ROCK LAW FIRM - OMAHA
`1650 Farnam Street
`Omaha, NE 68102-2186
`(402) 346-6000
`Fax: (402) 346-1148
`garth.glissman@kutakrock.com
`ATTORNEY TO BE NOTICED
`Brendan T. St. Amant
`DONNELLY, CONROY LAW FIRM
`260 Franklin Street
`Suite 1600
`Boston, MA 02110
`(617) 720-2880
`TERMINATED: 01/20/2016
`Robert M. Slovek
`KUTAK, ROCK LAW FIRM - OMAHA
`1650 Farnam Street
`Omaha, NE 68102-2186
`(402) 346-6000
`Fax: (402) 346-1148
`robert.slovek@kutakrock.com
`ATTORNEY TO BE NOTICED
`Stephen H. Hall
`BRADLEY, ARANT LAW FIRM -
`
`© 2016 The Bureau of National Affairs, Inc. All Rights Reserved. Terms of Service
` // PAGE 2
`
`002
`
`Harvest Trading Group - Ex. 1104
`
`

`
`Promera Health, LLC. v. Vireo Systems, Inc. et al, Docket No. 8:16-cv-00008 (D. Neb. Jan 11, 2016), Court Docket
`
`Defendant
`Board of Regents of the University of Nebraska
`TERMINATED: 06/02/2015
`
`HUNTSVILLE
`200 Clinton Avenue
`Suite 900
`Huntsville, AL 35801-4900
`(256) 517-5140
`Fax: (256) 517-5240
`shall@babc.com
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`T. Christopher Donnelly
`DONNELLY, CONROY LAW FIRM
`260 Franklin Street
`Suite 1600
`Boston, MA 02110
`(617) 720-2880
`Fax: (617) 720-3554
`TERMINATED: 01/20/2016
`Attorneys and Firms
`Andre R. Barry
`CLINE, WILLIAMS LAW FIRM -
`LINCOLN
`233 South 13th Street
`1900 US Bank Building
`Lincoln, NE 68508-2095
`(402) 474-6900
`Fax: (402) 474-5393
`abarry@clinewilliams.com
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`Brian M. Gaff
`MCDERMOTT, WILL LAW FIRM -
`BOSTON
`28 State Street
`Boston, MA 02109
`(617) 535-3884
`Fax: (617) 535-3800
`TERMINATED: 01/27/2016
`Shawn D. Renner
`CLINE, WILLIAMS LAW FIRM -
`LINCOLN
`233 South 13th Street
`1900 US Bank Building
`Lincoln, NE 68508-2095
`(402) 474-6900
`Fax: (402) 474-5393
`srenner@clinewilliams.com
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`© 2016 The Bureau of National Affairs, Inc. All Rights Reserved. Terms of Service
` // PAGE 3
`
`003
`
`Harvest Trading Group - Ex. 1104
`
`

`
`Promera Health, LLC. v. Vireo Systems, Inc. et al, Docket No. 8:16-cv-00008 (D. Neb. Jan 11, 2016), Court Docket
`
`Defendant
`UNeMed Corporation
`TERMINATED: 01/07/2016
`
`Counter Claimant
`Vireo Systems, Inc.
`
`Counter Defendant
`Promera Health, LLC
`
`Docket Entries
`Numbers shown are court assigned numbers.
`Entry #
`Filing Date
`Action
`1
`Feb 27, 2015
`View
`
`Attorneys and Firms
`Brian M. Gaff
`(See above for address)
`TERMINATED: 01/27/2016
`Attorneys and Firms
`B. Garth Glissman , II
`(See above for address)
`ATTORNEY TO BE NOTICED
`Brendan T. St. Amant
`(See above for address)
`TERMINATED: 01/20/2016
`Robert M. Slovek
`(See above for address)
`ATTORNEY TO BE NOTICED
`Stephen H. Hall
`(See above for address)
`ATTORNEY TO BE NOTICED
`T. Christopher Donnelly
`(See above for address)
`TERMINATED: 01/20/2016
`Attorneys and Firms
`David M. Magee
`(See above for address)
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`John C. Hansberry
`(See above for address)
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`Luke C. Holst
`(See above for address)
`ATTORNEY TO BE NOTICED
`Patrick E. Brookhouser , Jr.
`(See above for address)
`ATTORNEY TO BE NOTICED
`Reverse Entries
`
`Description
`COMPLAINT against VIREO SYSTEMS, INC., BOARD OF
`REGENTS OF THE UNIVERSITY OF NEBRASKA Filing
`fee: $ 400, receipt number 0101-5431660 (Fee Status: Filing
`Fee paid), filed by PROMERA HEALTH, LLC. (Attachments:
`# 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5
`Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Civil
`Action Sheet, # 10 Category Sheet)(Magee, David)
`
`© 2016 The Bureau of National Affairs, Inc. All Rights Reserved. Terms of Service
` // PAGE 4
`
`004
`
`Harvest Trading Group - Ex. 1104
`
`

`
`Promera Health, LLC. v. Vireo Systems, Inc. et al, Docket No. 8:16-cv-00008 (D. Neb. Jan 11, 2016), Court Docket
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`Feb 27, 2015
`
`Request
`
`Feb 27, 2015
`
`Request
`
`Mar 2, 2015
`
`Mar 2, 2015
`
`Request
`
`Mar 2, 2015
`
`Request
`
`Mar 9, 2015
`
`Request
`
`Apr 22, 2015
`
`Request
`
`Apr 22, 2015
`
`Request
`
`Apr 27, 2015
`
`Request
`
`10
`
`Apr 27, 2015
`
`Request
`
`(Attachment 9 replaced on 3/2/2015) (Montes, Mariliz).
`[Transferred from Massachusetts on 1/11/2016.] (Entered:
`02/27/2015)
`CORPORATE DISCLOSURE STATEMENT by PROMERA
`HEALTH, LLC. (Magee, David) [Transferred from
`Massachusetts on 1/11/2016.] (Entered: 02/27/2015)
`REPORT ON THE FILING/TERMINATION OF AN ACTION
`REGARDING PATENT OR TRADEMARK. (Magee, David)
`(Main Document 3 replaced on 3/2/2015) (Montes, Mariliz).
`Modified on 3/2/2015 to extract and replace document in
`PDF format (Montes, Mariliz). [Transferred from
`Massachusetts on 1/11/2016.] (Entered: 02/27/2015)
`ELECTRONIC NOTICE of Duplicate Filing Fee and Credit
`for Refund re 1 Complaint,, for $400.00 paid on 02/27/2015,
`receipt number 0101-5431584. (Adam, Lucien) [Transferred
`from Massachusetts on 1/11/2016.] (Entered: 03/02/2015)
`ELECTRONIC NOTICE of Case Assignment. Judge
`Nathaniel M. Gorton assigned to case. If the trial Judge
`issues an Order of Reference of any matter in this case to a
`Magistrate Judge, the matter will be transmitted to
`Magistrate Judge Donald L. Cabell. (Abaid, Kimberly)
`[Transferred from Massachusetts on 1/11/2016.] (Entered:
`03/02/2015)
`Summons Issued as to BOARD OF REGENTS OF THE
`UNIVERSITY OF NEBRASKA, VIREO SYSTEMS, INC..
`Counsel receiving this notice electronically should download
`this summons, complete one for each defendant and serve it
`in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons
`will be mailed to plaintiff(s) not receiving notice electronically
`for completion of service. (Montes, Mariliz) [Transferred from
`Massachusetts on 1/11/2016.] (Entered: 03/02/2015)
`WAIVER OF SERVICE Returned Executed by PROMERA
`HEALTH, LLC. VIREO SYSTEMS, INC. waiver sent on
`3/2/2015, answer due 5/1/2015. (Magee, David)
`[Transferred from Massachusetts on 1/11/2016.] (Entered:
`03/09/2015)
`NOTICE of Appearance by Brian M. Gaff on behalf of
`BOARD OF REGENTS OF THE UNIVERSITY OF
`NEBRASKA (Gaff, Brian) [Transferred from Massachusetts
`on 1/11/2016.] (Entered: 04/22/2015)
`CORPORATE DISCLOSURE STATEMENT by BOARD OF
`REGENTS OF THE UNIVERSITY OF NEBRASKA. (Gaff,
`Brian) [Transferred from Massachusetts on 1/11/2016.]
`(Entered: 04/22/2015)
`MOTION to Dismiss by BOARD OF REGENTS OF THE
`UNIVERSITY OF NEBRASKA.(Gaff, Brian) [Transferred
`from Massachusetts on 1/11/2016.] (Entered: 04/27/2015)
`MEMORANDUM in Support re 9 MOTION to Dismiss filed
`
`© 2016 The Bureau of National Affairs, Inc. All Rights Reserved. Terms of Service
` // PAGE 5
`
`005
`
`Harvest Trading Group - Ex. 1104
`
`

`
`Promera Health, LLC. v. Vireo Systems, Inc. et al, Docket No. 8:16-cv-00008 (D. Neb. Jan 11, 2016), Court Docket
`
`11
`
`12
`
`Apr 27, 2015
`
`Request
`
`Apr 28, 2015
`
`Request
`
`13
`
`Apr 29, 2015
`
`Request
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`May 1, 2015
`
`Request
`
`May 1, 2015
`
`Request
`
`May 1, 2015
`
`Request
`
`May 1, 2015
`
`Request
`
`May 1, 2015
`
`Request
`
`May 1, 2015
`
`Request
`
`by BOARD OF REGENTS OF THE UNIVERSITY OF
`NEBRASKA. (Gaff, Brian) [Transferred from Massachusetts
`on 1/11/2016.] (Entered: 04/27/2015)
`AFFIDAVIT of Carmen Maurer in Support re 9 MOTION to
`Dismiss filed by BOARD OF REGENTS OF THE
`UNIVERSITY OF NEBRASKA. (Gaff, Brian) [Transferred
`from Massachusetts on 1/11/2016.] (Entered: 04/27/2015)
`Assented to MOTION for Leave to Appear Pro Hac Vice for
`admission of Andre R. Barry, Shawn D. Renner Filing fee: $
`200, receipt number 0101-5531660 by BOARD OF
`REGENTS OF THE UNIVERSITY OF NEBRASKA.
`(Attachments: # 1 Exhibit 1 - Certificate of Andre R. Barry, #
`2 Exhibit 2- Certificate of Shawn D. Renner)(Gaff, Brian)
`[Transferred from Massachusetts on 1/11/2016.] (Entered:
`04/28/2015)
`Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered
`granting 12 Motion for Leave to Appear Pro Hac Vice Added
`Andre R. Barry and Shawn D. Renner. Attorneys admitted
`Pro Hac Vice must register for electronic filing if the attorney
`does not already have an ECF account in this district. To
`register go to the Court website at www.mad.uscourts.gov.
`Select Case Information, then Electronic Filing (CM/ECF)
`and go to the CM/ECF Registration Form. (Danieli, Chris)
`[Transferred from Massachusetts on 1/11/2016.] (Entered:
`04/29/2015)
`NOTICE of Appearance by T. Christopher Donnelly on
`behalf of VIREO SYSTEMS, INC. (Donnelly, T.)
`[Transferred from Massachusetts on 1/11/2016.] (Entered:
`05/01/2015)
`NOTICE of Appearance by Brendan T. St. Amant on behalf
`of VIREO SYSTEMS, INC. (St. Amant, Brendan)
`[Transferred from Massachusetts on 1/11/2016.] (Entered:
`05/01/2015)
`CORPORATE DISCLOSURE STATEMENT by VIREO
`SYSTEMS, INC.. (Donnelly, T.) [Transferred from
`Massachusetts on 1/11/2016.] (Entered: 05/01/2015)
`MOTION to Dismiss and to Transfer Venue by VIREO
`SYSTEMS, INC..(Donnelly, T.) [Transferred from
`Massachusetts on 1/11/2016.] (Entered: 05/01/2015)
`MEMORANDUM in Support re 17 MOTION to Dismiss and
`to Transfer Venue filed by VIREO SYSTEMS, INC..
`(Donnelly, T.) [Transferred from Massachusetts on
`1/11/2016.] (Entered: 05/01/2015)
`DECLARATION re 17 MOTION to Dismiss and to Transfer
`Venue by VIREO SYSTEMS, INC.. (Attachments: # 1
`Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Donnelly, T.)
`[Transferred from Massachusetts on 1/11/2016.] (Entered:
`05/01/2015)
`
`© 2016 The Bureau of National Affairs, Inc. All Rights Reserved. Terms of Service
` // PAGE 6
`
`006
`
`Harvest Trading Group - Ex. 1104
`
`

`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`29
`
`Promera Health, LLC. v. Vireo Systems, Inc. et al, Docket No. 8:16-cv-00008 (D. Neb. Jan 11, 2016), Court Docket
`
`May 8, 2015
`
`Request
`
`May 11, 2015
`
`Request
`
`May 20, 2015
`
`View
`
`May 21, 2015
`
`Request
`
`May 22, 2015
`
`Request
`
`May 22, 2015
`
`Request
`
`May 22, 2015
`
`Request
`
`June 1, 2015
`
`Request
`
`June 1, 2015
`
`Request
`
`June 1, 2015
`
`Request
`
`Assented to MOTION for Extension of Time to May 22, 2015
`to File Response/Reply as to 17 MOTION to Dismiss and to
`Transfer Venue, 9 MOTION to Dismiss by PROMERA
`HEALTH, LLC.(Magee, David) [Transferred from
`Massachusetts on 1/11/2016.] (Entered: 05/08/2015)
`Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered
`granting 20 Motion for Extension of Time to File
`Response/Reply re 9 MOTION to Dismiss , 17 MOTION to
`Dismiss and to Transfer Venue Responses due by
`5/22/2015 (Danieli, Chris) [Transferred from Massachusetts
`on 1/11/2016.] (Entered: 05/11/2015)
`AMENDED COMPLAINT against VIREO SYSTEMS, INC.,
`BOARD OF REGENTS OF THE UNIVERSITY OF
`NEBRASKA, UNEMED CORPORATION, filed by
`PROMERA HEALTH, LLC. (Attachments: # 1 Exhibit 1, # 2
`Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6
`Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Magee, David)
`[Transferred from Massachusetts on 1/11/2016.] (Entered:
`05/20/2015)
`Summons Issued as to UNEMED CORPORATION. Counsel
`receiving this notice electronically should download this
`summons, complete one for each defendant and serve it in
`accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will
`be mailed to plaintiff(s) not receiving notice electronically for
`completion of service. (Patch, Christine) [Transferred from
`Massachusetts on 1/11/2016.] (Entered: 05/21/2015)
`Assented to MOTION for Extension of Time to June 1, 2015
`to File Response/Reply as to 9 MOTION to Dismiss by
`PROMERA HEALTH, LLC.(Magee, David) [Transferred from
`Massachusetts on 1/11/2016.] (Entered: 05/22/2015)
`Opposition re 17 MOTION to Dismiss and to Transfer Venue
`filed by PROMERA HEALTH, LLC. (Magee, David)
`[Transferred from Massachusetts on 1/11/2016.] (Entered:
`05/22/2015)
`Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered
`granting 24 Motion for Extension of Time to File
`Response/Reply re 9 MOTION to Dismiss Responses due
`by 6/1/2015 (Patch, Christine) [Transferred from
`Massachusetts on 1/11/2016.] (Entered: 05/22/2015)
`NOTICE of Appearance by Brian M. Gaff on behalf of
`UNEMED CORPORATION (Gaff, Brian) [Transferred from
`Massachusetts on 1/11/2016.] (Entered: 06/01/2015)
`CORPORATE DISCLOSURE STATEMENT by UNEMED
`CORPORATION identifying Corporate Parent University
`Technology Development Corporation for UNEMED
`CORPORATION.. (Gaff, Brian) [Transferred from
`Massachusetts on 1/11/2016.] (Entered: 06/01/2015)
`STIPULATION of Dismissal Without Prejudice as to
`
`© 2016 The Bureau of National Affairs, Inc. All Rights Reserved. Terms of Service
` // PAGE 7
`
`007
`
`Harvest Trading Group - Ex. 1104
`
`

`
`Promera Health, LLC. v. Vireo Systems, Inc. et al, Docket No. 8:16-cv-00008 (D. Neb. Jan 11, 2016), Court Docket
`
`June 1, 2015
`
`Request
`
`June 2, 2015
`
`Request
`
`June 2, 2015
`
`Request
`
`June 2, 2015
`
`Request
`
`June 2, 2015
`
`Request
`
`June 3, 2015
`
`Request
`
`June 18, 2015 Request
`
`June 19, 2015 Request
`
`June 19, 2015 Request
`
`June 19, 2015 Request
`
`Defendant Board of Regents of the University of Nebraska
`by PROMERA HEALTH, LLC. (Magee, David) [Transferred
`from Massachusetts on 1/11/2016.] (Entered: 06/01/2015)
`Assented to MOTION for Extension of Time to June 22,
`2015 to Respond to Amended Complaint by VIREO
`SYSTEMS, INC..(Donnelly, T.) [Transferred from
`Massachusetts on 1/11/2016.] (Entered: 06/01/2015)
`Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered
`granting 30 Motion for Extension of Time (Patch, Christine)
`[Transferred from Massachusetts on 1/11/2016.] (Entered:
`06/02/2015)
`Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered
`terminating 9 Motion to Dismiss. Defendant The Board of
`Regents was dismissed on 6/2/15. (Patch, Christine)
`[Transferred from Massachusetts on 1/11/2016.] (Entered:
`06/02/2015)
`Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered
`dismissing without prejudice 17 Motion to Dismiss, in light of
`the filing of the Amended Complaint. (Patch, Christine)
`[Transferred from Massachusetts on 1/11/2016.] (Entered:
`06/02/2015)
`Assented to MOTION for Leave to Appear Pro Hac Vice for
`admission of Stephen H. Hall Filing fee: $ 100, receipt
`number 0101-5586556 by VIREO SYSTEMS, INC..
`(Attachments: # 1 Certificate of Stephen H. Hall)(St. Amant,
`Brendan) [Transferred from Massachusetts on 1/11/2016.]
`(Entered: 06/02/2015)
`Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered
`granting 34 Motion for Leave to Appear Pro Hac Vice Added
`Stephen H. Hall. Attorneys admitted Pro Hac Vice must
`register for electronic filing if the attorney does not already
`have an ECF account in this district. To register go to the
`Court website at www.mad.uscourts.gov. Select Case
`Information, then Electronic Filing (CM/ECF) and go to the
`CM/ECF Registration Form. (Danieli, Chris) [Transferred
`from Massachusetts on 1/11/2016.] (Entered: 06/03/2015)
`Assented to MOTION to Seal (Impound) per LR 7.2 by
`UNEMED CORPORATION.(Gaff, Brian) [Transferred from
`Massachusetts on 1/11/2016.] (Entered: 06/18/2015)
`Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered
`granting 36 Motion to Seal (Patch, Christine) [Transferred
`from Massachusetts on 1/11/2016.] (Entered: 06/19/2015)
`MOTION to Dismiss , MOTION to Dismiss for Lack of
`Jurisdiction ( Responses due by 7/3/2015) by UNEMED
`CORPORATION.(Gaff, Brian) [Transferred from
`Massachusetts on 1/11/2016.] (Entered: 06/19/2015)
`MEMORANDUM in Support re 38 MOTION to Dismiss
`MOTION to Dismiss for Lack of Jurisdiction filed by
`
`© 2016 The Bureau of National Affairs, Inc. All Rights Reserved. Terms of Service
` // PAGE 8
`
`30
`
`31
`
`32
`
`33
`
`34
`
`35
`
`36
`
`37
`
`38
`
`39
`
`008
`
`Harvest Trading Group - Ex. 1104
`
`

`
`41
`
`42
`
`43
`
`44
`
`45
`
`46
`
`47
`
`48
`
`49
`
`Promera Health, LLC. v. Vireo Systems, Inc. et al, Docket No. 8:16-cv-00008 (D. Neb. Jan 11, 2016), Court Docket
`
`June 22, 2015 Request
`
`June 22, 2015 Request
`
`June 23, 2015 Request
`
`July 6, 2015
`
`Request
`
`July 6, 2015
`
`Request
`
`July 6, 2015
`
`Request
`
`July 7, 2015
`
`Request
`
`July 10, 2015
`
`Request
`
`July 13, 2015
`
`Request
`
`UNEMED CORPORATION. (Gaff, Brian) [Transferred from
`Massachusetts on 1/11/2016.] (Entered: 06/19/2015)
`MOTION to Dismiss and to Transfer Venue by VIREO
`SYSTEMS, INC..(Donnelly, T.) [Transferred from
`Massachusetts on 1/11/2016.] (Entered: 06/22/2015)
`MEMORANDUM in Support re 41 MOTION to Dismiss and
`to Transfer Venue filed by VIREO SYSTEMS, INC..
`(Attachments: # 1 Exhibit 1 [part 1], # 2 Exhibit 1 [part 2], # 3
`Exhibit 1 [part 3], # 4 Exhibit 2)(Donnelly, T.) [Transferred
`from Massachusetts on 1/11/2016.] (Entered: 06/22/2015)
`CERTIFICATE OF SERVICE pursuant to LR 5.2 by
`UNEMED CORPORATION re 40 Sealed document (Dixon
`Declaration and Exhibit). (Gaff, Brian) [Transferred from
`Massachusetts on 1/11/2016.] (Entered: 06/23/2015)
`Opposition re 38 MOTION to Dismiss MOTION to Dismiss
`for Lack of Jurisdiction filed by PROMERA HEALTH, LLC.
`(Magee, David) [Transferred from Massachusetts on
`1/11/2016.] (Entered: 07/06/2015)
`AFFIDAVIT in Opposition re 38 MOTION to Dismiss
`MOTION to Dismiss for Lack of Jurisdiction filed by
`PROMERA HEALTH, LLC. (Attachments: # 1 Exhibit A, # 2
`Exhibit B, # 3 Exhibit C, # 4 Certificate of Service)(Magee,
`David) [Transferred from Massachusetts on 1/11/2016.]
`(Entered: 07/06/2015)
`Opposition re 41 MOTION to Dismiss and to Transfer Venue
`filed by PROMERA HEALTH, LLC. (Attachments: # 1 Exhibit
`1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Magee, David)
`[Transferred from Massachusetts on 1/11/2016.] (Entered:
`07/06/2015)
`ELECTRONIC NOTICE issued requesting courtesy copy for
`46 Opposition to Motion. Counsel who filed this document
`are requested to submit a courtesy copy of it to the Clerk's
`Office. These documents must be clearly marked as a
`Courtesy Copy and reflect the document number assigned
`by CM/ECF. (Patch, Christine) [Transferred from
`Massachusetts on 1/11/2016.] (Entered: 07/07/2015)
`Assented to MOTION for Leave to File Reply ISO Motion to
`Dismiss by UNEMED CORPORATION. (Attachments: # 1
`Exhibit 1 - Proposed Reply)(Gaff, Brian) [Transferred from
`Massachusetts on 1/11/2016.] (Entered: 07/10/2015)
`Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered
`granting 48 Motion for Leave to File Document ; Counsel
`using the Electronic Case Filing System should now file the
`document for which leave to file has been granted in
`accordance with the CM/ECF Administrative Procedures.
`Counsel must include - Leave to file granted on (date of
`order)- in the caption of the document. (Patch, Christine)
`[Transferred from Massachusetts on 1/11/2016.] (Entered:
`
`© 2016 The Bureau of National Affairs, Inc. All Rights Reserved. Terms of Service
` // PAGE 9
`
`009
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`Harvest Trading Group - Ex. 1104
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`52
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`53
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`54
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`55
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`56
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`57
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`58
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`Promera Health, LLC. v. Vireo Systems, Inc. et al, Docket No. 8:16-cv-00008 (D. Neb. Jan 11, 2016), Court Docket
`
`July 13, 2015
`
`Request
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`Oct 16, 2015
`
`Request
`
`Dec 18, 2015
`
`Request
`
`Dec 18, 2015
`
`Request
`
`Dec 28, 2015
`
`Request
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`Dec 31, 2015
`
`Request
`
`Jan 5, 2016
`
`Request
`
`Jan 6, 2016
`
`View
`
`Jan 7, 2016
`
`Request
`
`07/13/2015)
`REPLY to Response to 38 MOTION to Dismiss MOTION to
`Dismiss for Lack of Jurisdiction filed by UNEMED
`CORPORATION. (Gaff, Brian) [Transferred from
`Massachusetts on 1/11/2016.] (Entered: 07/13/2015)
`NOTICE by VIREO SYSTEMS, INC. of Additional Authority
`(Attachments: # 1 Exhibit A)(Donnelly, T.) [Transferred from
`Massachusetts on 1/11/2016.] (Entered: 10/16/2015)
`MOTION to Amend 22 Amended Complaint, by PROMERA
`HEALTH, LLC. (Attachments: # 1 Proposed Second
`Amended Complaint, # 2 Exhibit 1 to Amended Complaint, #
`3 Exhibit 2 to Amended Complaint, # 4 Exhibit 3 to
`Amended Complaint, # 5 Exhibit 4 to Amended Complaint, #
`6 Exhibit 5 to Amended Complaint, # 7 Exhibit 6 to
`Amended Complaint, # 8 Proposed Order)(Magee, David)
`[Transferred from Massachusetts on 1/11/2016.] (Entered:
`12/18/2015)
`MEMORANDUM in Support re 52 MOTION to Amend 22
`Amended Complaint, filed by PROMERA HEALTH, LLC.
`(Magee, David) [Transferred from Massachusetts on
`1/11/2016.] (Entered: 12/18/2015)
`RESPONSE to Motion re 52 MOTION to Amend 22
`Amended Complaint, filed by VIREO SYSTEMS, INC..
`(Donnelly, T.) [Transferred from Massachusetts on
`1/11/2016.] (Entered: 12/28/2015)
`Judge Nathaniel M. Gorton: ORDER entered granting 52
`Motion for Leave to File a Second Amended Complaint.
`(Lima, Christine) [Transferred from Massachusetts on
`1/11/2016.] (Entered: 01/04/2016)
`NOTICE re 55 Order on Motion to Amend. Counsel using
`the Electronic Case Filing System should now file the
`document for which leave to file has been granted in
`accordance with the CM/ECF Administrative Procedures.
`Counsel must include - Leave to file granted on (date of
`order)- in the caption of the document. (Lima, Christine)
`[Transferred from Massachusetts on 1/11/2016.] (Entered:
`01/05/2016)
`AMENDED COMPLAINT against VIREO SYSTEMS, INC.,
`filed by PROMERA HEALTH, LLC. (Attachments: # 1 Exhibit
`1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6
`Exhibit 6)(Magee, David) [Transferred from Massachusetts
`on 1/11/2016.] (Entered: 01/06/2016)
`Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered
`finding as moot 38 Motion to Dismiss; finding as moot 38
`Motion to Dismiss for Lack of Jurisdiction in light of the filing
`of the Second Amended Complaint (Docket No. 57). (Lima,
`Christine) [Transferred from Massachusetts on 1/11/2016.]
`(Entered: 01/07/2016)
`
`© 2016 The Bureau of National Affairs, Inc. All Rights Reserved. Terms of Service
` // PAGE 10
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`010
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`59
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`67
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`Promera Health, LLC. v. Vireo Systems, Inc. et al, Docket No. 8:16-cv-00008 (D. Neb. Jan 11, 2016), Court Docket
`
`Jan 8, 2016
`
`Request
`
`Jan 8, 2016
`
`Request
`
`Jan 11, 2016
`
`Request
`
`Jan 11, 2016
`
`Request
`
`Jan 11, 2016
`
`Request
`
`Jan 11, 2016
`
`Request
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`Jan 11, 2016
`
`Request
`
`Jan 11, 2016
`
`Request
`
`Jan 11, 2016
`
`Request
`
`Judge Nathaniel M. Gorton: MEMORANDUM AND ORDER,
`ENTERED. granting in part and denying in part 41 Motion to
`Dismiss. The second amended complaint survives dismissal
`but the action is hereby transferred to the District of
`Nebraska for further adjudication. (Flaherty, Elaine)
`[Transferred from Massachusetts on 1/11/2016.] (Entered:
`01/08/2016)
`Judge Nathaniel M. Gorton: ORDER of Transfer to the
`District of Nebraska, ENTERED. re 59 Order on Motion to
`Dismiss (Flaherty, Elaine) [Transferred from Massachusetts
`on 1/11/2016.] (Entered: 01/08/2016)
`Case transferred in from District of Massachusetts; Case
`Number 1:15-cv-10595. Original electronic file received.
`(Entered: 01/11/2016)
`TEXT NOTICE OF JUDGES ASSIGNED: Senior Judge
`Joseph F. Bataillon and Magistrate Judge Thomas D.
`Thalken assigned. (JSF) (Entered: 01/11/2016)
`ATTORNEY LETTER by Clerk that Attorney David M.
`Magee has not registered for admittance to practice. If the
`requested action is not taken within fifteen (15) days of the
`date of this letter, this matter will be referred to the assigned
`magistrate judge for the entry of a show cause order. (JSF)
`(Entered: 01/11/2016)
`ATTORNEY LETTER by Clerk that Attorney Stephen H. Hall
`has not registered for admittance to practice. If the
`requested action is not taken within fifteen (15) days of the
`date of this letter, this matter will be referred to the assigned
`magistrate judge for the entry of a show cause order. (JSF)
`(Entered: 01/11/2016)
`ATTORNEY LETTER by Clerk that Attorney Brendan T. St.
`Amant has not registered for admittance to practice or
`registered for the system. If the requested action is not
`taken within fifteen (15) days of the date of this letter, this
`matter will be referred to the assigned magistrate judge for
`the entry of a show cause order. (JSF) (Entered:
`01/11/2016)
`ATTORNEY LETTER by Clerk that Attorney T. Christopher
`Donnelly has not registered for admittance to practice or
`registered for the system. If the requested action is not
`taken within fifteen (15) days of the date of this letter, this
`matter will be referred to the assigned magistrate judge for
`the entry of a show cause order. (JSF) (Entered:
`01/11/2016)
`REPORT on the filing of an action regarding patent. Case
`originally filed in USDC-Massachusetts, Case No. 15-10595.
`Complaint filed 2/27/2015; Amended Complaint filed
`5/20/2015 and Second Amended Complaint filed 1/6/2016.
`Notification sent to the U.S. Patent Office. (Attachments: # 1
`
`© 2016 The Bureau of National Affairs, Inc. All Rights Reserved. Terms of Service
` // PAGE 11
`
`011
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`Harvest Trading Group - Ex. 1104
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`

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`Promera Health, LLC. v. Vireo Systems, Inc. et al, Docket No. 8:16-cv-00008 (D. Neb. Jan 11, 2016), Court Docket
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`68
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`69
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`70
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`71
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`72
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`73
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`74
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`Jan 13, 2016
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`Request
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`Jan 13, 2016
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`Request
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`Jan 15, 2016
`
`Request
`
`Jan 19, 2016
`
`Request
`
`Jan 19, 2016
`
`Request
`
`Jan 19, 2016
`
`Request
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`Jan 20, 2016
`
`Request
`
`75
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`Jan 22, 2016
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`Request
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`76
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`77
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`78
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`Jan 25, 2016
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`Request
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`Jan 25, 2016
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`Request
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`Jan 26, 2016
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`Request
`
`Complaint, # 2 Amended Complaint, # 3 Second Amended
`Complaint) (JSF) (Entered: 01/11/2016)
`NOTICE of Appearance by Attorney B. Garth Glissman, II
`on behalf of Defendant Vireo Systems, Inc. (Glissman, B.)
`(Entered: 01/13/2016)
`NOTICE of Appearance by Attorney Robert M. Slovek on
`behalf of Defendant Vireo Systems, Inc. (Slovek, Robert)
`(Entered: 01/13/2016)
`APPLICATION/ORDER admitting pro hac vice Attorney
`Stephen H. Hall for Defendant Vireo Systems, Inc.. Ordered
`by Deputy Clerk. (MLF, ) (Entered: 01/15/2016)
`NOTICE of Appearance by Attorney Patrick E. Brookhouser,
`Jr on behalf of Plaintiff Promera Health, LLC (Brookhouser,
`Patrick) (Entered: 01/19/2016)
`NOTICE of Appearance by Attorney Luke C. Holst on behalf
`of Plaintiff Promera Health, LLC (Holst, Luke) (Entered:
`01/19/2016)
`MOTION to Withdraw as Attorney by Attorneys T.
`Christopher Donnelly and Brendan T. St. Amant on behalf of
`Defendant Vireo Systems, Inc. (JSF) (Entered: 01/19/2016)
`TEXT ORDER granting 73 Motion to Withdraw. For good
`cause shown pursuant to NEGenR 1.3(f), T. Christopher
`Donnelly, Brendan T. St. Amant, and the law firm of
`Donnelly, Conroy & Gelhaar LLP are granted leave to
`withdraw as counsel for the defendant Vireo Systems, Inc.
`Other counsel remains for this defendant. The Clerk of Court
`shall stop all electronic notices to the withdrawing attorneys
`regarding this case. Ordered by Magistrate Judge Thomas
`D. Thalken. (TRL) (Entered: 01/20/2016)
`ANSWER to Amended Complaint, 57 , COUNTERCLAIM
`against Promera Health, LLC regarding Amended
`Complaint, 57 filed by Promera Health, LLC by Vireo
`Systems, Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3
`Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7
`Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11
`Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14,
`# 15 Exhibit 15) (Slovek, Robert) (Entered: 01/22/2016)
`SCHEDULING LETTER setting Rule 26 Meeting Report
`Deadline for February 18, 2016. Please use the "Form 35
`(Rule 26(f)) Report" posted on the court's website,
`www.ned.uscourts.gov/forms. Ordered by Magistrate Judge
`Thomas D. Thalken. (SMN) (Entered: 01/25/2016)
`APPLICATION/ORDER admitting pro hac vice Attorney
`David M. Magee for Plaintiff Promera Health, LLC. Ordered
`by Deputy Clerk. (JSF) (Entered: 01/25/2016)
`APPLICATION/ORDER admitting pro hac vice Attorney
`John C. Hansberry for Plaintiff Promera Health, LLC.
`Ordered by Deputy Clerk. (JSF) (Entered: 01/26/2016)
`
`© 2016 The Bureau of National Affairs, Inc. All Rights Reserved. Terms of Service
` // PAGE 12
`
`012
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`

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`80
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`82
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`83
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`85
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`86
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`87
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`88
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`89
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`Promera Health, LLC. v. Vireo Systems, Inc. et al, Docket No. 8:16-cv-00008 (D. Neb. Jan 11, 2016), Court Docket
`
`Jan 26, 2016
`
`Request
`
`Jan 26, 2016
`
`Request
`
`Jan 26, 2016
`
`Request
`
`Jan 28, 2016
`
`Request
`
`Jan 28, 2016
`
`Request
`
`Feb 1, 2016
`
`Request
`
`Feb 8, 2016
`
`Request
`
`Feb 8, 2016
`
`Request
`
`Feb 11, 2016
`
`Request
`
`Feb 11, 2016
`
`Request
`
`Feb 16, 2016
`
`Request
`
`ATTORNEY LETTER by Clerk that Attorney Brian M. Gaff
`has not registered for admittance to practice or registered
`for the system. If the requested action is not taken within
`fifteen (15) days of the date of this letter, this matter will be
`referred to the assigned magistrate judge for the entry of a
`show cause order. (JSF) (Entered: 01/26/2016)
`MOTION to Consolidate Case(s) 8:15-cv-00135 by Attorney
`Robert M. Slovek on behalf of Defendant Vireo Systems,
`Inc..(Slovek, Robert) (Entered: 01/26/2016)
`BRIEF in support of its Motion to Consolidate by Attorney
`Robert M. Slovek on behalf of Defendant Vireo Systems,
`Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Slovek,
`Robert) (Entered: 01/26/2016)
`Mail Returned as Undeliverable addressed to Brendan T. St.
`Amant regarding Attorney Letter 65 . Mail not remailed, per
`order 74 that attorney has withdrawn from case. (JSF)
`(Entered: 01/28/2016)
`Mail Returned as Undeliverable addressed to T. Christopher
`Donnelly regarding Attorney Letter 66 . Mail not remailed,
`per order 74 that attorney has withdrawn from case. (JSF)
`(Entered: 01/28/2016)
`Mail Returned as Undeliverable addressed to Brendan T. St.
`Amant regarding Report regarding Patent & Trademark 67 .
`Mail not remailed, attorney has withdrawn from the case.
`(JSF) (Entered: 02/01/2016)
`Mail Returned as Undeliverable addressed to Brendan T. St.
`Amant regarding Order on Motion to Withdraw as Attorney,
`74 . NOT REMAILED, ATTORNEY HAS WITHDRAWN
`FROM THE CASE. (MKR) (Entered: 02/08/2016)
`Mail Returned as Undeliverable addressed to T. Christopher
`Donnelly regarding Order on Motion to Withdraw as
`Attorney, 74 . NOT REMAILED, ATTORNEY HAS
`WITHDRAWN FROM THE CASE. (MKR) (Entered:
`02/08/2016)
`UNOPPOSED MOTION to Extend Time to File Opposition
`to Motion to Consolidate by Attorney Luke C. Holst on behalf
`of Plaintiff Promera Health, LLC, Counter Defendant
`Promera Health, LLC.(Holst, Luke) (Entered: 02/11/2016)
`TEXT ORDER granting 87 the plaintiff's Unopposed Motion
`to Extend. The plaintiff shall have until February 16, 2016, to
`file a response to the defendant's Motion to Consolidate 80 .
`Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
`(Entered: 02/11/2016)
`BRIEF in opposition to MOTION to Consolidate Case(s)
`8:15-cv-00135 80 by Attorney Luke C. Holst on behalf of
`Plaintiff Promera Health, LLC, Counter Defendant Promera
`Health, LLC.(Holst, Luke) (Entered: 02/16/2016)
`
`© 2016 The Bureau of National Affairs, Inc. All Rights Reserved. Terms of Service
` // PAGE 13
`
`013
`
`Harvest Trading Group - Ex. 1104
`
`

`
`Promera Health, LLC. v. Vireo Systems, Inc. et al, Docket No. 8:16-cv-00008 (D. Neb. Jan 11, 2016), Court Docket
`
`90
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`91
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`92
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`93
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`94
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`95
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`96
`
`Feb 16, 2016
`
`Request
`
`Feb 16, 2016
`
`Request
`
`Feb 18, 2016
`
`Request
`
`Feb 19, 2016
`
`Request
`
`Mar 14, 2016
`
`Request
`
`Mar 15, 2016
`
`Request
`
`Mar 30, 2016
`
`View
`
`INDEX in support of Brief 89 in Opposition to Defendant
`Vireo Systems, Inc.'s Motion to Consolidate by Attorney
`Luke C. Holst on behalf of Plaintiff Promera Health, LLC,
`Counter Defendant Promera Health, LLC. (Attachments: # 1
`Exhibit A - Declaration of David M. Magee)(Holst, Luke)
`(Entered: 02/16/2016)
`Answer/ REPLY to Counterclaim of Vireo Systems, Inc. by
`Promera Health, LLC (Holst, Luke) (Entered: 02/16/2016)
`REPORT of Rule 26(f) Planning Meeting by Attorney Luke
`C. Holst on behalf of Plaintiff Promera Health, LLC, Counter
`Defendant Promera Health, LLC.(Holst, Luke) (Entered:
`02/18/2016)
`TEXT ORDER granting the parties' request for a planning
`conference. The plai