Case: 4:14-cv-00446-CEJ Doc.

#: 1 Filed: 03/11/14 Page: 1 of 7 PageID #: 19

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

INTERNATIONAL MULCH COMPANY, INC., Plaintiff, v. NOVEL IDEAS, INC., Defendant.

) ) ) ) ) ) ) ) ) )

Case No.

JURY TRIAL DEMANDED

COMPLAINT FOR DECLARATORY JUDGMENT Plaintiff International Mulch Company, Inc. (IMC), for its Complaint against defendant Novel Ideas, Inc., (Novel), alleges as follows: PARTIES 1. Plaintiff IMC is a Missouri corporation with its principal place of business in

St. Louis County, at 182 Northwest Industrial Court, Bridgeton, Missouri 63044. 2. Upon information and belief, Novel is a Florida corporation with its principal

place of business in Tampa, Florida. JURISDICTION AND VENUE 3. This is a claim for declaratory judgment of patent non-infringement and invalidity

of two design patents, U.S. Patent Nos. D649,268 (the 268 Patent) and D654,191 (the 191 Patent). 4. This Complaint for Declaratory Judgment arises under the Declaratory Judgment

Act, 28 U.S.C. 2201-02, and under the patent laws of the United States, Title 35 of the United

Case: 4:14-cv-00446-CEJ Doc. #: 1 Filed: 03/11/14 Page: 2 of 7 PageID #: 20

States Code. This Court has jurisdiction over the subject matter of this Complaint under 28 U.S.C. 1338(a) and 2201. 5. Novel is subject to this Courts personal jurisdiction because, on information and

belief, Novel does substantial business in this District and regularly solicits business from, does business with, and derives revenue from goods and services provided to, customers in this District. 6. Venue is proper in this District under 28 U.S.C. 1391(c) and 1400(b) because

Novel engages in significant business activities in this District as set forth above. FACTUAL ALLEGATIONS 7. This declaratory judgment action relates to the 268 Patent and the 191 Patent,

both entitled FLEXIBLE LANDSCAPE EDGING, both issued to John S. Wink (Wink) as the inventor, and both assigned to Novel. Copies of the 268 Patent and the 191 Patent are attached hereto as Exhibits A and B. 8. Upon information and belief, defendant Wink is an individual residing in Tampa,

Florida. On information and belief, Wink is an owner of Novel, and he assigned all title and interest in the 268 Patent and the 191 Patent to Novel. 9. 10. IMC has recently begun selling a lawn edging product to Lowes. Wink and Novel have taken the position that IMCs lawn edging product infringes

the 268 Patent and/or the 191 Patent. 11. IMC has informed Wink and Novel that IMCs lawn edging product does not

infringe. Specifically, the ornamental design of IMCs lawn edging product differs from the ornamental design claimed by the 268 Patent and the 191 Patent in several ways, including, but not necessarily limited to, the following:

Case: 4:14-cv-00446-CEJ Doc. #: 1 Filed: 03/11/14 Page: 3 of 7 PageID #: 21

a.

The ornamental texture of the IMC lawn edging product has the appearance of variable sized cobblestones, which is ornamentally different in appearance from that which is depicted in the 268 Patent and the 191 Patent.

b.

The IMC lawn edging product has a squared-off top, which is ornamentally different in appearance from the rounded top depicted in the 268 Patent and the 191 Patent.

c.

The IMC lawn edging product has three holes for stakes, which is ornamentally different in appearance from the four holes depicted in the 268 Patent.

d.

The IMC lawn edging product has a rounded inside corner, which is ornamentally different in appearance from the square inside corner depicted in the 268 Patent and the 191 Patent.

12.

Despite being informed by IMC of the ornamental differences between IMCs

lawn edging product and the ornamental design claimed by the 268 Patent and the 191 Patent, Novel and Wink have, on information and belief, communicated directly to Lowes, taking the position that the IMC lawn edging product being sold by Lowes infringes the 268 Patent and the 191 Patent. 13. Because Novel and Wink have taken the position that IMCs lawn edging product

infringes the 268 Patent and the 191 Patent, and because Novel and Wink have communicated their position to IMCs customer, Lowes, IMC is in apprehension that Novel will commence litigation against IMC and/or Lowes.

Case: 4:14-cv-00446-CEJ Doc. #: 1 Filed: 03/11/14 Page: 4 of 7 PageID #: 22

COUNT I: DECLARATION OF NON-INFRINGEMENT OF U.S. PATENT NO. D649,268 14. herein. 15. An actual and justiciable controversy exists between IMC and Novel as to the IMC incorporates by reference and realleges Paragraphs 1-13 as if fully set forth

infringement of the 268 Patent. 16. IMCs manufacture, sale, and offers to sell its lawn edging product in the United

States have not infringed, contributed to the infringement of, or induced infringement of any valid and enforceable claim of the 268 Patent. 17. The allegations of patent infringement by Wink and Novel have placed a cloud

over IMCs business and are likely to cause IMC to lose revenues and business opportunities. Novels actions and assertions, therefore, will likely cause irreparable injury to IMC. 18. IMC is entitled to a judgment declaring that the 268 Patent is not infringed by

IMCs lawn edging product. COUNT II: DECLARATION OF INVALIDITY OF U.S. PATENT NO. D649,268 19. herein. 20. An actual and justiciable controversy exists between IMC and Novel as to the IMC incorporates by reference and realleges Paragraphs 1-13 as if fully set forth

validity of the 268 Patent. 21. The claims of the patents in suit are invalid for failure to meet one or more of the

requirements of patentability set forth in 35 U.S.C. 101 et seq., including, but not limited to, 101, 102, 103 and 112. 22. As asserted by Novel and Wink against IMCs lawn edging product, the 268

Patent is invalid due to functionality.

Case: 4:14-cv-00446-CEJ Doc. #: 1 Filed: 03/11/14 Page: 5 of 7 PageID #: 23

23.

IMC is entitled to a judgment declaring that the 268 Patent is invalid. COUNT III: DECLARATION OF NON-INFRINGEMENT OF U.S. PATENT NO. D654,191

24. herein. 25.

IMC incorporates by reference and realleges Paragraphs 1-13 as if fully set forth

An actual and justiciable controversy exists between IMC and Novel as to the

infringement of the 191 Patent. 26. IMCs manufacture, sale, and offers to sell its lawn edging product in the United

States have not infringed, contributed to the infringement of, or induced infringement of any valid and enforceable claim of the 191 Patent. 27. The allegations of patent infringement by Novel and Wink have placed a cloud

over IMCs business and are likely to cause IMC to lose revenues and business opportunities. Novels actions and assertions, therefore, will likely cause irreparable injury to IMC. 28. IMC is entitled to a judgment declaring that the 191 Patent is not infringed by

IMCs lawn edging product. COUNT IV: DECLARATION OF INVALIDITY OF U.S. PATENT NO. D654,191 29. herein. 30. An actual and justiciable controversy exists between IMC and Novel as to the IMC incorporates by reference and realleges Paragraphs 1-13 as if fully set forth

validity of the 191 Patent. 31. The claims of the patents in suit are invalid for failure to meet one or more of the

requirements of patentability set forth in 35 U.S.C. 101 et seq., including, but not limited to, 101, 102, 103 and 112.

Case: 4:14-cv-00446-CEJ Doc. #: 1 Filed: 03/11/14 Page: 6 of 7 PageID #: 24

32.

As asserted by Novel and Wink against IMCs lawn edging product, the 191

Patent is invalid due to functionality. 33. IMC is entitled to a judgment declaring that the 191 Patent is invalid. PRAYER FOR RELIEF WHEREFORE, International Mulch Company, Inc. requests judgment against Novel and respectfully prays that this Court enter orders that: 1. Declare that IMC has not committed any act of direct and/or indirect infringement

of the 268 Patent or the 191 Patent with respect to products that IMC makes, uses, offers for sale or sells, including specifically, but not necessarily limited to, IMCs lawn edging product; 2. 3. Declare the claims of the 268 Patent and the 191 Patent invalid; Enjoin Novel, its agents, servants, employees and attorneys, and all those in active

participation or privity with any of them, from charging IMC or its agents, distributors, or customers with infringement of the 268 Patent or the 191 Patent, and from otherwise using the 268 Patent or the 191 Patent to interfere in any way with IMCs manufacture, use, offer for sale, or sale of IMCs lawn edging product; 4. Find this case exceptional pursuant to 35 U.S.C. 285, and award IMC its

reasonable attorney fees, expenses, and costs in this action; and 5. Grant IMC such other and further relief as the Court deems just and proper.

Case: 4:14-cv-00446-CEJ Doc. #: 1 Filed: 03/11/14 Page: 7 of 7 PageID #: 25

JURY TRIAL DEMANDED Pursuant to Federal Rule of Civil Procedure 38(b), IMC demands a trial by jury on all issues so triable.

Respectfully submitted, By: _/s/ Keith A. Rabenberg__________________ Keith A. Rabenberg, #35616MO Elizabeth E. Fabick, #61749MO SENNIGER POWERS LLP 100 N. Broadway, 17th Floor St. Louis, Missouri 63102 (314) 345-7000 (Telephone) (314) 231-4342 (Facsimile) krabenberg@senniger.com efabick@senniger.com Attorneys for Plaintiff International Mulch Company, Inc.

Case: 4:14-cv-00446-CEJ Doc. #: 1-1 Filed: 03/11/14 Page: 1 of 5 PageID #: 2 111111 1111111111111111111111111111111111111111111111111111111111111
USOOD649268S

c12)

United States Design Patent

Wink
FLEXIBLE LANDSCAPE EDGING
Inventor:

(10) (45)

Patent No.: Date of Patent:

US D649,268 S

** Nov. 22, 2011

(54) (75) (73) (**) (21) (22)

(56)

References Cited
U.S. PATENT DOCUMENTS

JohnS. Wink, Tampa, FL (US)

6,085,458 A D601,274 S

* *

7/2000 Gau .................................. 47/33 9/2009 Koenig, Jr. ................... D25/164

Assignee: Novel Ideas, Inc., Riverview, FL (US) Term:

* cited by examiner

14 Years

Primary Examiner- Doris Clark (74) Attorney, Agent, or Firm- Nixon IP Law, PLC; William F. Nixon
(57) CLAIM The ornamental design for a flexible landscape edging, as shown and described.

Appl. No.: 29/371,654 Filed:

Jun.24,2011 Related U.S. Application Data

DESCRIPTION
FIG. 1 is a right side perspective view of a flexible landscape edging, showing my new design; FIG. 2 is a front view thereof; FIG. 3 is a back view thereof; FIG. 4 is a top view thereof; FIG. 5 is a bottom view thereof; FIG. 6 is a left side view thereof; FIG. 7 is a right side view thereof; and, FIG. 8 is an enlarged cross-sectional view taken along line 8-8 in FIG. 2.

(63)

Continuation of application No. 12/291,315, filed on Nov. 7, 2008.

(51) (52) (58)

LOC (9) Cl. . ... ... ... ... .. ... ... ... ... ... .. ... ... ... ... ... .. . 25-01 U.S. Cl. ...................................................... D25/164 Field of Classification Search ................. D25/164;
46/33, 46 See application file for complete search history.

1 Claim, 4 Drawing Sheets

EXHIBIT A

Case: 4:14-cv-00446-CEJ Doc. #: 1-1 Filed: 03/11/14 Page: 2 of 5 PageID #: 3

U.S. Patent

Nov. 22, 2011

Sheet 1 of 4

US D649,268 S

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Case: 4:14-cv-00446-CEJ Doc. #: 1-1 Filed: 03/11/14 Page: 3 of 5 PageID #: 4

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Case: 4:14-cv-00446-CEJ Doc. #: 1-2 Filed: 03/11/14 Page: 1 of 5 PageID #: 7 111111 1111111111111111111111111111111111111111111111111111111111111
USOOD654191S

c12)

United States Design Patent

Wink
FLEXIBLE LANDSCAPE EDGING
Inventor:

(10) (45)

Patent No.: Date of Patent:

*

US D654,191 S

** Feb. 14, 2012

(54) (75) (73) (**) (21) (22)

JohnS. Wink, Tampa, FL (US)

6,085,458 A 6,591,547 B1 D601,274 S

7/2000 Gau 7/2003 Staten eta!. ...................... 47/33 9/2009 Koenig, Jr.

* cited by examiner Assignee: Novel Ideas, Inc., Riverview, FL (US) Term:

14 Years

Primary Examiner- Doris Clark (74) Attorney, Agent, or Firm- Nixon IP Law, PLC; William F. Nixon
(57) CLAIM The ornamental design for a flexible landscape edging, as shown and described.

Appl. No.: 29/371,745 Filed:

Aug. 18, 2011 Related U.S. Application Data

DESCRIPTION
FIG. 1 is a right side perspective view of a flexible landscape edging, showing my new design; FIG. 2 is a front view thereof; FIG. 3 is a back view thereof; FIG. 4 is a top view thereof; FIG. 5 is a bottom view thereof; FIG. 6 is a left side view thereof; FIG. 7 is a right side view thereof; and, FIG. 8 is an enlarged cross-sectional view taken along line 8-8 in FIG. 2. The broken line showing of the flexible landscape edging is for the purpose of illustrating a hole and forms no part of the claimed design.

(63) (51) (52) (58)

Continuation-in-part of application No. 12/291,315, filed on Nov. 7, 2008.

LOC (9) Cl. . ... ... ... ... .. ... ... ... ... ... .. ... ... ... ... ... .. . 25-01 U.S. Cl. ...................................... D25/164; D25/119 Field of Classification Search ................. D25/119, D25/164; 52/102; 47/33 See application file for complete search history. References Cited
U.S. PATENT DOCUMENTS
3,087,279 4,986,042 D363,788 D385,635 A A S S

(56)

* * * *

4/1963 111991 10/1995 10/1997

Thompson ........................ 47/33 Richardt ......................... 52/102 Caley ........................... D25/119 Nebelsieck .................. D25/164

1 Claim, 4 Drawing Sheets

EXHIBIT B

Case: 4:14-cv-00446-CEJ Doc. #: 1-2 Filed: 03/11/14 Page: 2 of 5 PageID #: 8

U.S. Patent

Feb.14,2012

Sheet 1 of 4

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Case: 4:14-cv-00446-CEJ Doc. #: 1-2 Filed: 03/11/14 Page: 3 of 5 PageID #: 9

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JS 44 (Rev. 12/12)

Case: 4:14-cv-00446-CEJ Doc. #: 1-3 Filed: 03/11/14 Page: 1 of 2 PageID #: 12

CIVIL COVER SHEET

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS
International Mulch Company, Inc.
(b) County of Residence of First Listed Plaintiff

DEFENDANTS
Novel Ideas, Inc.
County of Residence of First Listed Defendant
NOTE:

St. Louis County, MO

Hillsborough, FL

(EXCEPT IN U.S. PLAINTIFF CASES)

(IN U.S. PLAINTIFF CASES ONLY) IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number)

Keith A. Rabenberg, Esq., Senniger Powers, LLP, 100 North Broadway, 17th Floor, St. Louis, MO 63012, (314) 345-7000

Attorneys (If Known)

II. BASIS OF JURISDICTION (Place an X in One Box Only)

1 U.S. Government Plaintiff U.S. Government Defendant 3 Federal Question (U.S. Government Not a Party) Diversity (Indicate Citizenship of Parties in Item III)

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff

(For Diversity Cases Only) PTF Citizen of This State 1 Citizen of Another State Citizen or Subject of a Foreign Country 2 3 DEF 1 2 3 and One Box for Defendant) PTF DEF Incorporated or Principal Place 4 4 of Business In This State Incorporated and Principal Place of Business In Another State Foreign Nation 5 6 5 6

IV. NATURE OF SUIT (Place an X in One Box Only)

CONTRACT 110 Insurance 120 Marine 130 Miller Act 140 Negotiable Instrument 150 Recovery of Overpayment & Enforcement of Judgment 151 Medicare Act 152 Recovery of Defaulted Student Loans (Excludes Veterans) 153 Recovery of Overpayment of Veterans Benefits 160 Stockholders Suits 190 Other Contract 195 Contract Product Liability 196 Franchise REAL PROPERTY 210 Land Condemnation 220 Foreclosure 230 Rent Lease & Ejectment 240 Torts to Land 245 Tort Product Liability 290 All Other Real Property TORTS PERSONAL INJURY 310 Airplane 315 Airplane Product Liability 320 Assault, Libel & Slander 330 Federal Employers Liability 340 Marine 345 Marine Product Liability 350 Motor Vehicle 355 Motor Vehicle Product Liability 360 Other Personal Injury 362 Personal Injury Medical Malpractice CIVIL RIGHTS 440 Other Civil Rights 441 Voting 442 Employment 443 Housing/ Accommodations 445 Amer. w/Disabilities Employment 446 Amer. w/Disabilities Other 448 Education PERSONAL INJURY 365 Personal Injury Product Liability 367 Health Care/ Pharmaceutical Personal Injury Product Liability 368 Asbestos Personal Injury Product Liability PERSONAL PROPERTY 370 Other Fraud 371 Truth in Lending 380 Other Personal Property Damage 385 Property Damage Product Liability PRISONER PETITIONS Habeas Corpus: 463 Alien Detainee 510 Motions to Vacate Sentence 530 General 535 Death Penalty Other: 540 Mandamus & Other 550 Civil Rights 555 Prison Condition 560 Civil Detainee Conditions of Confinement FORFEITURE/PENALTY 625 Drug Related Seizure of Property 21 USC 881 690 Other BANKRUPTCY 422 Appeal 28 USC 158 423 Withdrawal 28 USC 157 PROPERTY RIGHTS 820 Copyrights 830 Patent 840 Trademark LABOR 710 Fair Labor Standards Act 720 Labor/Management Relations 740 Railway Labor Act 751 Family and Medical Leave Act 790 Other Labor Litigation 791 Employee Retirement Income Security Act SOCIAL SECURITY 861 HIA (1395ff) 862 Black Lung (923) 863 DIWC/DIWW (405(g)) 864 SSID Title XVI 865 RSI (405(g)) OTHER STATUTES 375 False Claims Act 400 State Reapportionment 410 Antitrust 430 Banks and Banking 450 Commerce 460 Deportation 470 Racketeer Influenced and Corrupt Organizations 480 Consumer Credit 490 Cable/Sat TV 850 Securities/Commodities/ Exchange 890 Other Statutory Actions 891 Agricultural Acts 893 Environmental Matters 895 Freedom of Information Act 896 Arbitration 899 Administrative Procedure Act/Review or Appeal of Agency Decision 950 Constitutionality of State Statutes

FEDERAL TAX SUITS 870 Taxes (U.S. Plaintiff or Defendant) 871 IRSThird Party 26 USC 7609

IMMIGRATION 462 Naturalization Application 465 Other Immigration Actions

V. ORIGIN (Place an X in One Box Only)

1 Original Proceeding 2 Removed from State Court 3 Remanded from Appellate Court 4 Reinstated or Reopened 5 Transferred from Another District
(specify)

6 Multidistrict Litigation

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

VI. CAUSE OF ACTION Brief description of cause:

35 U.S.C. 271 et seq.; 28 U.S.C. 2201 & 2202

Claim for Declaratory Judgment of patent non-infringement and invalidity of US Pats. D649,268 and D654,191
DEMAND $

CHECK IF THIS IS A CLASS ACTION VII. REQUESTED IN UNDER RULE 23, F.R.Cv.P. COMPLAINT: VIII. RELATED CASE(S) (See instructions): IF ANY JUDGE
DATE

TBD

CHECK YES only if demanded in complaint: Yes No JURY DEMAND: DOCKET NUMBER

SIGNATURE OF ATTORNEY OF RECORD

03/11/2014
FOR OFFICE USE ONLY RECEIPT # AMOUNT

/s/ Keith A. Rabenberg, Esq.

APPLYING IFP JUDGE MAG. JUDGE

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JS 44 Reverse (Rev. 12/12)

Case: 4:14-cv-00446-CEJ Doc. #: 1-3 Filed: 03/11/14 Page: 2 of 2 PageID #: 13

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet

The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows: I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving both name and title. County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in this section "(see attachment)". Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X" in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below. United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here. United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box. Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box 1 or 2 should be marked. Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity cases.) Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section for each principal party. Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, select the most definitive. Origin. Place an "X" in one of the six boxes. Original Proceedings. (1) Cases which originate in the United States district courts. Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the petition for removal is granted, check this box. Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date. Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date. Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict litigation transfers. Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When this box is checked, do not check (5) above. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P. Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction. Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

(b)

(c)

II.

III.

IV.

V.

VI.

VII.

VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket numbers and the corresponding judge names for such cases. Date and Attorney Signature. Date and sign the civil cover sheet.

Case: 4:14-cv-00446-CEJ Doc. #: 1-4 Filed: 03/11/14 Page: 1 of 1 PageID #: 14 Reset

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI

International Mulch Company, Inc.

Plaintiff, v.

Novel Ideas, Inc.

, Defendant,

) ) ) ) ) ) ) ) ) ) )

Case No. 4:14-CV-446

ORIGINAL FILING FORM THIS FORM MUST BE COMPLETED AND VERIFIED BY THE FILING PARTY WHEN INITIATING A NEW CASE.

THIS SAME CAUSE, OR A SUBSTANTIALLY EQUIVALENT COMPLAINT, WAS PREVIOUSLY FILED IN THIS COURT AS CASE NUMBER AND ASSIGNED TO THE HONORABLE JUDGE .

THIS CAUSE IS RELATED, BUT IS NOT SUBSTANTIALLY EQUIVALENT TO ANY PREVIOUSLY FILED COMPLAINT. THE RELATED CASE NUMBER IS THAT CASE WAS ASSIGNED TO THE HONORABLE THEREFORE, BE OPENED AS AN ORIGINAL PROCEEDING. AND . THIS CASE MAY,

NEITHER THIS SAME CAUSE, NOR A SUBSTANTIALLY EQUIVALENT COMPLAINT, HAS BEEN PREVIOUSLY FILED IN THIS COURT, AND THEREFORE MAY BE OPENED AS AN ORIGINAL PROCEEDING.

The undersigned affirms that the information provided above is true and correct.

Date:

March 11, 2014

/s/ Keith A. Rabenberg

Signature of Filing Party

Case: 4:14-cv-00446-CEJ Doc. #: 1-5 Filed: 03/11/14 Page: 1 of 2 PageID #: 15

Reset
AO 440 (Rev. 12/09) Summons in a Civil Action

UNITED STATES DISTRICT COURT

for the

Eastern District __________ Districtof ofMissouri __________

International Mulch Company, Inc.
Plaintiff

v.
Novel Ideas, Inc.,
Defendant

) ) ) ) ) ) )

Civil Action No. 4:14-CV-446

SUMMONS IN A CIVIL ACTION To: (Defendants name and address) Novel Ideas, Inc.
Registered Agent John S. Wink 515 Vincinda Crest Way Tampa, FL 33619

A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney, whose name and address are: Keith A. Rabenberg, Esq.
Senniger Powers, LLP 100 N. Broadway, 17th Floor St. Louis, MO 63102

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.

CLERK OF COURT

Date:

03/11/2014
Signature of Clerk or Deputy Clerk

Case: 4:14-cv-00446-CEJ Doc. #: 1-5 Filed: 03/11/14 Page: 2 of 2 PageID #: 16

AO 440 (Rev. 12/09) Summons in a Civil Action (Page 2)

Civil Action No. 4:14-CV-446 PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l)) This summons for (name of individual and title, if any) was received by me on (date) .

I personally served the summons on the individual at (place) on (date) I left the summons at the individuals residence or usual place of abode with (name) , a person of suitable age and discretion who resides there, on (date) , and mailed a copy to the individuals last known address; or , who is on (date) I returned the summons unexecuted because Other (specify): . ; or ; or ; or

I served the summons on (name of individual) designated by law to accept service of process on behalf of (name of organization)

My fees are $

for travel and $

for services, for a total of $

0.00

I declare under penalty of perjury that this information is true.

Date:
Servers signature

Printed name and title

Servers address

Additional information regarding attempted service, etc: