Winvic Sales Inc. v. MerchSource, LLC

COMPLAINT filed by Winvic Sales Inc.; Jury Demand. Filing fee $ 350, receipt number 0752-7938986. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Carani, Christopher) (Entered: 01/15/2013)

2013-01-15

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CIVIL Cover Sheet (Carani, Christopher) (Entered: 01/15/2013)

2013-01-15

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ATTORNEY Appearance for Plaintiff Winvic Sales Inc. by Christopher V. Carani (Carani, Christopher) (Entered: 01/15/2013)

2013-01-15

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ATTORNEY Appearance for Plaintiff Winvic Sales Inc. by Wilhelm L. Rao (Rao, Wilhelm) (Entered: 01/15/2013)

2013-01-15

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ATTORNEY Appearance for Plaintiff Winvic Sales Inc. by Brianne McNicholas Straka (Straka, Brianne) (Entered: 01/15/2013)

2013-01-15

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NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Winvic Sales Inc. (Carani, Christopher) (Entered: 01/15/2013)

2013-01-15

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Local Rule 3.4 Notice of Claims Involving Patents by Winvic Sales Inc. (Carani, Christopher) (Entered: 01/15/2013)

2013-01-15

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CASE ASSIGNED to the Honorable Sharon Johnson Coleman. Designated as Magistrate Judge the Honorable Jeffrey Cole. (cft, )

2013-01-15

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MINUTE entry before Honorable Sharon Johnson Coleman: Status hearing set for 9/20/2013 at 09:00 AM. Plaintiff is directed to advise the defendant of the status hearing forthwith. The parties are directed to meet and discuss the status of the case. The parties are to file a joint status report by 9/17/2013 in the format described on the court's website at www.ilnd.uscourts.gov. The parties are directed to discuss settlement, and whether they consent to proceed before the Magistrate Judge.Mailed notice (rth, ) (Entered: 08/12/2013)

2013-08-12

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STATUS Report Joint Status Report submitted by Winvic Sales Inc. and MerchSource, LLC by Winvic Sales Inc. (Carani, Christopher) (Entered: 09/17/2013)

2013-09-17

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ATTORNEY Appearance for Plaintiff Winvic Sales Inc. by Daniel Steven Stringfield (Stringfield, Daniel) (Entered: 09/18/2013)

2013-09-18

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MINUTE entry before Honorable Sharon Johnson Coleman: Status hearing held on 9/20/2013. Status hearing set for 10/21/2013 at 09:00 AM. At the next status, the case will be referred to Magistrate Judge Cole for settlement discussions.Mailed notice (rth, ) (Entered: 09/20/2013)

2013-09-20

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MINUTE entry before Honorable Sharon Johnson Coleman: Status hearing held on 10/21/2013. Status hearing set for 11/25/2013 at 09:00 AM. If no settlement is reached by the next hearing, the case will be referred to Magistrate Judge Cole.Mailed notice (rth, ) (Entered: 10/21/2013)

2013-10-21

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MINUTE entry before the Honorable Sharon Johnson Coleman: Status hearing held on 11/25/2013. Status hearing set for 2/10/2014 at 09:00 AM. The case is referred to Magistrate Judge Cole for discovery supervision as well as settlement discussions.Mailed notice (rth, ) (Entered: 11/26/2013)

2013-11-25

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Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Jeffrey Cole for the purpose of holding proceedings related to: discovery supervision, settlement conference.(rth, )Mailed notice. (Entered: 11/26/2013)

2013-11-25

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MINUTE entry before the Honorable Jeffrey Cole: Status hearing is set for 12/18/2013 at 08:30 AM to set a discovery schedule. The parties are to file a proposed discovery schedule by 12/13/2013.Mailed notice (jms, ) (Entered: 11/27/2013)

2013-11-27

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PROPOSED Agreed Schedule by Winvic Sales Inc. and MerchSource, LLC (Carani, Christopher) (Entered: 12/13/2013)

2013-12-13

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SUMMONS Issued as to Defendant MerchSource, LLC. (jp, )

2013-12-13

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MOTION by counsel for Plaintiff Winvic Sales Inc. to withdraw as attorney - Brianne M. Straka (Carani, Christopher) (Entered: 12/16/2013)

2013-12-16

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REPORT of Rule 26(f) Planning Meeting (Carani, Christopher) (Entered: 12/16/2013)

2013-12-16

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MINUTE entry before the Honorable Jeffrey Cole: Defendant fails to appear and was not available by telephone as previously arranged. Magistrate Judge Status hearing held and continued to 1/6/2014 at 08:30 AM. Counsel for defendant must appear at all future proceedings. Initial disclosures pursuant to the Local Patent Rules shall be made by both sides by 1/6/2014.Mailed notice (jms, ) (Entered: 12/19/2013)

2013-12-18

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MINUTE entry before the Honorable Jeffrey Cole: The order of 12/18/13 is corrected as follows:Initial disclosures are due 1/31/14, rather than 1/6/14.Mailed notice (jms, ) (Entered: 12/20/2013)

2013-12-20

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MINUTE entry before the Honorable Sharon Johnson Coleman: Plaintiff's motion for leave to withdraw Brianne M. Straka as attorney 17 is granted. Attorney Brianne McNicholas Straka terminated.Mailed notice (rth, ) (Entered: 12/30/2013)

2013-12-30

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MINUTE entry before the Honorable Jeffrey Cole: Defendant advised the court telephonically that he was delayed on Metra due to the weather and appeared after the call was completed. Magistrate Judge Status hearing held and continued to 2/28/2014 at 08:30 AM. Discovery is proceeding according to the Local Patent Rules. Defendant should immediately file his appearance. Plaintiff is requested to advise defendant of this order.Mailed notice (jms, ) (Entered: 01/06/2014)

2014-01-06

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ATTORNEY Appearance for Defendant MerchSource, LLC by Gregory B. Gulliver (Gulliver, Gregory) (Entered: 02/05/2014)

2014-02-05

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MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-9172584. (O'Connor, Edward) (Entered: 02/05/2014)

2014-02-05

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ATTORNEY Appearance for Defendant MerchSource, LLC by Robert Patrick Hart (Hart, Robert) (Entered: 02/05/2014)

2014-02-05

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MINUTE entry before the Honorable Sharon Johnson Coleman: Status hearing held on 2/10/2014. Application by Edward F. O'Connor for leave to appear pro hac vice 24 is granted. Parties shall appear before Magistrate Judge Cole within the next 30 days for a settlement conference. Status hearing set for 5/2/2014 at 09:00 AM. If the matter is not settled, defendant shall answer by the next status hearing.Mailed notice (rth, ) (Entered: 02/11/2014)

2014-02-10

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MINUTE entry before the Honorable Jeffrey Cole: Pursuant to Judge Coleman's order of 2/10/2014, status hearing date of 2/28/2014 is reset for 2/14/2014 at 08:30 AM to set a settlement conference date. The parties are directed to contact their respective clients in advance of the status date to procure 3 or 4 dates that they and the principals are available for a settlement conference as outlined in Judge Coleman's order.Mailed notice (jms, ) (Entered: 02/12/2014)

2014-02-12

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MINUTE entry before the Honorable Jeffrey Cole:Magistrate Judge Status hearing held. Settlement Conference set for 3/26/2014 at 01:30 PM in Courtroom 1003. This is a firm date. Any request to alter this date MUST BE MADE BY MOTION AND NOTICED FOR HEARING. By 3/10/2014, plaintiff shall submit a written settlement demand to defendant, which provides a comprehensive assessment of the facts and applicable legal principles. By 3/17/2014, defendant will respond in kind with its offer and a comprehensive assessment of the facts and the applicable law. The demand and offer must reflect a good-faith assessment of the merits of the case, the risk inherent in the litigation, and the expense and delay (including dispositive motions, expert discovery, pretrial preparation, trial, post-trial motions, and appeal) of pursuing the cause rather than resolving it. All parties are directed to refer to and must review my "Instructions and Procedures for Settlement Conferences," available at "www.ilnd.uscourts.gov" and to comply with its directives before appearing at the settlement conference. Parties with FULL AUTHORITY to settle must be personally present at the conference. FULL AUTHORITY DOES NOT MEAN PRESCRIBED AUTHORITY BEYOND WHICH THE PERSON ATTENDING THE CONFERENCE MAY NOT PROCEED WITHOUT FURTHER CONSULTATION. A member of either parties in-house legal department shall not qualify as a person with full authority. A member of either parties in-house legal department shall not qualify as a person with full authority. Participation by telephone will not be permitted. As provided in the instructions, plaintiff's counsel shall deliver copies of the required settlement letters to the courtroom deputy in Room 1010 from both plaintiff and defendant by no later than (4) business days before the conference. All settlement documents must have protruding tabs separating exhibits or attachments, pursuant to Local Rule 5.2(e). Non-compliance with the 4-day Rule makes it difficult and often impossible for the conference to proceed effectively. Failure to comply with the 4-day Rule may necessitate cancellation of the conference. Parties cannot unilaterally agree to cancel a scheduled settlement conference. Permission not to proceed must be obtained from the court pursuant to written motion, and any party wishing to vary any of the procedures set forth in the standing order must make an appropriate request by written motion prior to the exchange of settlement letters described above. A settlement demand that is equal to what the plaintiff thinks is recoverable at trial is not a good faith settlement demand, and a defendants response must contain a counter offer, unless of course, the defendant does not intend to pay any amount, which is his/her right. FAILURE OF THE PARTIES TO COMPLY WITH ANY OF THE REQUIREMENTS OF THIS ORDER, MAY NECESSITATE IN THE SETTLEMENT CONFERENCE BEING STRICKEN, AND THE PARTIES RESUBMITTING SETTLEMENT POSITION LETTERS. IT MAY ALSO RESULT IN A SUBSTANTIAL MONETARY SANCTION WITH THE NON-COMPLIANT PARTY BEING RESPONSIBLE FOR ANY FEES AND COSTS INCURRED BY THE COMPLIANT PARTY. In support of their settlement demands, each party must submit evidence of at least three settlements or verdicts in comparable cases. Plaintiff's oral motion to extend time to 4/2/2014 to submit plaintiff's infringement contentions is granted. Defendant's oral motion to extend time to 4/9/2014 to answer the complaint is granted.Mailed notice (jms, ) (Entered: 02/14/2014)

2014-02-14

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NOTICE of Motion by Robert Patrick Hart for presentment of before Honorable Jeffrey Cole on 3/13/2014 at 08:30 AM. (Hart, Robert) (Entered: 03/09/2014)

2014-03-09

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Unopposed Motion Requesting a Waiver of the Minute Entry Order Dkt. No. 28 Requirement by MerchSource, LLC (Hart, Robert) (Entered: 03/09/2014)

2014-03-09

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MINUTE entry before the Honorable Jeffrey Cole: The defendant has moved for a waiver of the requirement preventing in-house counsel from attending the settlement conference as the party representative at the 3/26/14 settlement conference. 30 . Based on counsel's representation that there will be no predetermined ceiling on in-house counsel's settlement authority, the motion is granted. No appearance is necessary on 3/13/14.Mailed notice (jms, ) (Entered: 03/10/2014)

2014-03-10

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MINUTE entry before the Honorable Jeffrey Cole:Settlement conference held. Despite counsels' and the parties' sincere efforts, this case is not settleable at this time. Pursuant to the order of 2/14/14, the plaintiff's infringement contentions are due on 4/2/14. Pursuant to that order, the defendant's answer is due on 4/9/14. There will be no extensions of this date. Status hearing is set for 6/3/2014 at 08:30 AM for a report on discovery progress.Mailed notice (jms, ) (Entered: 03/27/2014)

2014-03-26

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ATTORNEY Appearance for Plaintiff Winvic Sales Inc. by Robert Ford Kappers (Kappers, Robert) (Entered: 03/28/2014)

2014-03-28

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First AMENDED complaint by Winvic Sales Inc., Nii Northern International Inc. against MerchSource, LLC (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Carani, Christopher) (Entered: 04/04/2014)

2014-04-04

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ANSWER to Complaint with Jury Demand by MerchSource, LLC(Hart, Robert) (Entered: 04/09/2014)

2014-04-09

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ANSWER to amended complaint, COUNTERCLAIM filed by MerchSource, LLC against Nii Northern International Inc., Winvic Sales Inc. . by MerchSource, LLC(Gulliver, Gregory) (Entered: 04/21/2014)

2014-04-21

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MINUTE entry before the Honorable Sharon Johnson Coleman: Status hearing set for 5/2/2014 is stricken and reset to 5/23/2014 at 09:00 AM. If a stipulation to dismiss is filed prior to the next date, the status will be stricken.Mailed notice (rth, ) (Entered: 05/01/2014)

2014-05-01

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Plaintiffs' ANSWER to counterclaim of MerchSource, LLC by Nii Northern International Inc., Winvic Sales Inc.(Rao, Wilhelm) (Entered: 05/08/2014)

2014-05-08

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MINUTE entry before the Honorable Sharon Johnson Coleman: Status hearing held on 5/23/2014. Status hearing set for 6/16/2014 at 09:00 AM.Mailed notice (rth, ) (Entered: 05/23/2014)

2014-05-23

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MINUTE entry before the Honorable Jeffrey Cole: Parties fail to appear. Status hearing is reset to 6/9/2014 at 8:30 am. All lead counsel are directed to appear on 6/9/2014 at 8:30 am. Mailed notice (jms, ) (Entered: 06/03/2014)

2014-06-03

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MINUTE entry before the Honorable Jeffrey Cole: Status hearing held. The parties report that they have a settlement in principle. All matters relating to the referral of this case having been completed this case is returned to Judge Coleman. Mailed notice (cdh, ) (Entered: 06/10/2014)

2014-06-09

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MINUTE entry before the Honorable Sharon Johnson Coleman: Status hearing held on 6/16/2014. Parties have reached a settlement. Status hearing set for 6/27/2014 at 09:00 AM. If no stipulation has been filed by the next hearing, the case will be dismissed without prejudice for 30 days.Mailed notice (rth, ) (Entered: 06/16/2014)

2014-06-16

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MINUTE entry before the Honorable Sharon Johnson Coleman: Status hearing set for 6/27/2014 is stricken and reset to 7/14/2014 at 09:00 AM.Mailed notice (rth, ) (Entered: 06/25/2014)

2014-06-25

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MINUTE entry before the Honorable Sharon Johnson Coleman: Status hearing held on 7/14/2014. This action is hereby dismissed without prejudice to 8/13/2014. Civil case terminated. Mailed notice (rth, ) (Entered: 07/14/2014)

2014-07-14

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Overview

Parties

Defendant

MerchSource, LLC Follow

Represented By

Plaintiff

Winvic Sales Inc. Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

COMPLAINT filed by Winvic Sales Inc.; Jury Demand. Filing fee $ 350, receipt number 0752-7938986. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Carani, Christopher) (Entered: 01/15/2013)

CIVIL Cover Sheet (Carani, Christopher) (Entered: 01/15/2013)

ATTORNEY Appearance for Plaintiff Winvic Sales Inc. by Christopher V. Carani (Carani, Christopher) (Entered: 01/15/2013)

ATTORNEY Appearance for Plaintiff Winvic Sales Inc. by Wilhelm L. Rao (Rao, Wilhelm) (Entered: 01/15/2013)

ATTORNEY Appearance for Plaintiff Winvic Sales Inc. by Brianne McNicholas Straka (Straka, Brianne) (Entered: 01/15/2013)

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Winvic Sales Inc. (Carani, Christopher) (Entered: 01/15/2013)

Local Rule 3.4 Notice of Claims Involving Patents by Winvic Sales Inc. (Carani, Christopher) (Entered: 01/15/2013)

CASE ASSIGNED to the Honorable Sharon Johnson Coleman. Designated as Magistrate Judge the Honorable Jeffrey Cole. (cft, )

STATUS Report Joint Status Report submitted by Winvic Sales Inc. and MerchSource, LLC by Winvic Sales Inc. (Carani, Christopher) (Entered: 09/17/2013)

ATTORNEY Appearance for Plaintiff Winvic Sales Inc. by Daniel Steven Stringfield (Stringfield, Daniel) (Entered: 09/18/2013)

MINUTE entry before Honorable Sharon Johnson Coleman: Status hearing held on 9/20/2013. Status hearing set for 10/21/2013 at 09:00 AM. At the next status, the case will be referred to Magistrate Judge Cole for settlement discussions.Mailed notice (rth, ) (Entered: 09/20/2013)

MINUTE entry before Honorable Sharon Johnson Coleman: Status hearing held on 10/21/2013. Status hearing set for 11/25/2013 at 09:00 AM. If no settlement is reached by the next hearing, the case will be referred to Magistrate Judge Cole.Mailed notice (rth, ) (Entered: 10/21/2013)

MINUTE entry before the Honorable Sharon Johnson Coleman: Status hearing held on 11/25/2013. Status hearing set for 2/10/2014 at 09:00 AM. The case is referred to Magistrate Judge Cole for discovery supervision as well as settlement discussions.Mailed notice (rth, ) (Entered: 11/26/2013)

Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Jeffrey Cole for the purpose of holding proceedings related to: discovery supervision, settlement conference.(rth, )Mailed notice. (Entered: 11/26/2013)

MINUTE entry before the Honorable Jeffrey Cole: Status hearing is set for 12/18/2013 at 08:30 AM to set a discovery schedule. The parties are to file a proposed discovery schedule by 12/13/2013.Mailed notice (jms, ) (Entered: 11/27/2013)

PROPOSED Agreed Schedule by Winvic Sales Inc. and MerchSource, LLC (Carani, Christopher) (Entered: 12/13/2013)

SUMMONS Issued as to Defendant MerchSource, LLC. (jp, )

MOTION by counsel for Plaintiff Winvic Sales Inc. to withdraw as attorney - Brianne M. Straka (Carani, Christopher) (Entered: 12/16/2013)

REPORT of Rule 26(f) Planning Meeting (Carani, Christopher) (Entered: 12/16/2013)

MINUTE entry before the Honorable Jeffrey Cole: The order of 12/18/13 is corrected as follows:Initial disclosures are due 1/31/14, rather than 1/6/14.Mailed notice (jms, ) (Entered: 12/20/2013)

MINUTE entry before the Honorable Sharon Johnson Coleman: Plaintiff's motion for leave to withdraw Brianne M. Straka as attorney 17 is granted. Attorney Brianne McNicholas Straka terminated.Mailed notice (rth, ) (Entered: 12/30/2013)

ATTORNEY Appearance for Defendant MerchSource, LLC by Gregory B. Gulliver (Gulliver, Gregory) (Entered: 02/05/2014)

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-9172584. (O'Connor, Edward) (Entered: 02/05/2014)

ATTORNEY Appearance for Defendant MerchSource, LLC by Robert Patrick Hart (Hart, Robert) (Entered: 02/05/2014)

NOTICE of Motion by Robert Patrick Hart for presentment of before Honorable Jeffrey Cole on 3/13/2014 at 08:30 AM. (Hart, Robert) (Entered: 03/09/2014)

Unopposed Motion Requesting a Waiver of the Minute Entry Order Dkt. No. 28 Requirement by MerchSource, LLC (Hart, Robert) (Entered: 03/09/2014)

ATTORNEY Appearance for Plaintiff Winvic Sales Inc. by Robert Ford Kappers (Kappers, Robert) (Entered: 03/28/2014)

First AMENDED complaint by Winvic Sales Inc., Nii Northern International Inc. against MerchSource, LLC (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Carani, Christopher) (Entered: 04/04/2014)

ANSWER to Complaint with Jury Demand by MerchSource, LLC(Hart, Robert) (Entered: 04/09/2014)

ANSWER to amended complaint, COUNTERCLAIM filed by MerchSource, LLC against Nii Northern International Inc., Winvic Sales Inc. . by MerchSource, LLC(Gulliver, Gregory) (Entered: 04/21/2014)

MINUTE entry before the Honorable Sharon Johnson Coleman: Status hearing set for 5/2/2014 is stricken and reset to 5/23/2014 at 09:00 AM. If a stipulation to dismiss is filed prior to the next date, the status will be stricken.Mailed notice (rth, ) (Entered: 05/01/2014)

Plaintiffs' ANSWER to counterclaim of MerchSource, LLC by Nii Northern International Inc., Winvic Sales Inc.(Rao, Wilhelm) (Entered: 05/08/2014)

MINUTE entry before the Honorable Sharon Johnson Coleman: Status hearing held on 5/23/2014. Status hearing set for 6/16/2014 at 09:00 AM.Mailed notice (rth, ) (Entered: 05/23/2014)

MINUTE entry before the Honorable Jeffrey Cole: Parties fail to appear. Status hearing is reset to 6/9/2014 at 8:30 am. All lead counsel are directed to appear on 6/9/2014 at 8:30 am. Mailed notice (jms, ) (Entered: 06/03/2014)

MINUTE entry before the Honorable Jeffrey Cole: Status hearing held. The parties report that they have a settlement in principle. All matters relating to the referral of this case having been completed this case is returned to Judge Coleman. Mailed notice (cdh, ) (Entered: 06/10/2014)

MINUTE entry before the Honorable Sharon Johnson Coleman: Status hearing set for 6/27/2014 is stricken and reset to 7/14/2014 at 09:00 AM.Mailed notice (rth, ) (Entered: 06/25/2014)

MINUTE entry before the Honorable Sharon Johnson Coleman: Status hearing held on 7/14/2014. This action is hereby dismissed without prejudice to 8/13/2014. Civil case terminated. Mailed notice (rth, ) (Entered: 07/14/2014)

Track Case Updates

MerchSource, LLC

Winvic Sales Inc.