Case 2:17-cv-00650 Document 1 Filed 01/31/17 Page 1 of 9 PageID: 1

WEITZMAN LAW OFFICES, LLC

Kenneth S. Weitzman (NJ Bar No. 021451992)
425 Eagle Rock Ave., Suite 102
Roseland, NJ 07068
Tel.: (973) 403-9940
Fax: (973) 403-9944
Attorneys for Plaintiff
Across International, LLC
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
ACROSS INTERNATIONAL, LLC
Plaintiff

Civil Action No. _____________

v.
JURY TRIAL DEMANDED

SUMMIT INDUSTRIAL SUPPLY, LLC

and ELLIOT KREMERMAN
Defendants

COMPLAINT FOR DECLARATORY JUDGMENT OF

NON-INFRINGEMENT AND PATENT INVALIDITY
Plaintiff, Across International, LLC ("Across"), by and through its undersigned attorneys,
complains of Defendants, Summit Industrial Supply, LLC ("Summit") and Elliot Kremerman
("Kremerman") alleging as follows:
1.

This is a declaratory judgment action for a declaration of non-infringement and/or

invalidity of U.S. Design Patent Nos. D775,310 entitled "Bent Distillation Head" and D776,238
entitled "Straight Path Distillation Head" (hereinafter, respectively, the "D310 Patent" and "D238
Patent" and, collectively, the "Distillation Design Patents").
THE PARTIES
2.

Plaintiff, Across International, LLC ("Across") is a Limited Liability Company

organized under the laws of the State of New Jersey with headquarters at 111 Dorsa Ave,

Case 2:17-cv-00650 Document 1 Filed 01/31/17 Page 2 of 9 PageID: 2

Livingston, New Jersey 07039. Across is in the business of, among other things, supplying
glassware and laboratory equipment to universities, research facilities and labs, including, for
example, to Massachusetts Institute of Technology, Stanford University, Columbia University,
Georgia Tech, the United States Department of Energy, NASA, the U.S. Army, Navy, Air Force,
3M, GE, DuPont, and the U.S. National Laboratories.
3.

Defendant, Summit, on information and belief, is a California Limited Liability

Company organized under the laws of the State of California, with an address of 23229 Summit
Rd., Los Gatos, CA 95033 and Defendant, Kremerman, on information and belief, is an
individual resident of the State of California having a last known address, according to U.S.
Patent Office records, of 2825 S. Rodeo Gulch Rd., #8, Soquel, CA 95073, and a business
address at 23229 Summit Rd., Los Gatos, CA 95033. Kremerman is the sole named inventor on
the Distillation Design Patents, and is the single principal/member of Summit. Summit and
Kremerman are collectively referred to as "Defendants" herein.
JURISDICTION AND VENUE
4.

This Court has subject matter jurisdiction of this case under 28 U.S.C. 2201(a),

2202 and 1338(a), as a declaratory judgment action under the Patent Laws, Title 35 of the
United States Code.
5.

On November 23, 2016, Summit sent a "Cease and Desist" letter to counsel for

Across indicating that it had two allowed design patent applications and that "we expect to begin
litigation of these patents soon after issuance." The letter went on to assert:
your client is put on notice that if you or your company sells the
above products past the issuance date of my client's patents and
trademark, we will hold you accountable for willful infringement
for which damages are quite high.
To repeat: upon issuance of the design patent and/or trademark, my
client fully intends to seek remedies in court for willful patent
infringement subjecting those who are still infringing with up to 3x
2

Case 2:17-cv-00650 Document 1 Filed 01/31/17 Page 3 of 9 PageID: 3

gross sales as damages, attorney fees, and punitive damages (see

35 USC 284, 35 USC 154).
6.

On January 13, 2017, Across, through its counsel, advised counsel for Summit

that the Across products were not infringing, and provided specific reasons in that regard.
7.

On January 20, 2017, Kremerman filed suit in the Northern District of California,

San Jose Division, against a third party for, inter alia, infringement of the Distillation Design
Patents. Based upon the complaint filed in that action, the products accused of infringement by
Kremerman are similar to those sold by Across and implicated by the November 23, 2016 letter.
8.

By e-mail dated January 24, 2017 Summit's counsel advised counsel for Across

that the matter was being referred "to another firm who is commencing litigation against
infringers imminently."
9.

Across has offered for sale, sold, and intends to continue to offer for sale and

continue to sell, its SP-Head2L and SP-Head5L glassware distillation head products that are
implicated by the November 23, 2016 letter.
10.

Thus, based upon Defendants' accusations, there is an actual, justiciable, case or

controversy regarding the infringement and validity of the Distillation Design Patents. A judicial
declaration that the claims of the Distillation Design Patents are not infringed and/or invalid is
necessary and appropriate at this time so that Across can ascertain its rights and duties with
respect to the Distillation Design Patents.
11.

Defendants are subject to this Court's specific personal jurisdiction because of the

intended and actual effects of Summit making accusations of patent infringement against Across,
upon information and belief, with the approval, and at the express direction, of Kremerman.
Those assertions have caused an effect on Across within this Judicial District.

Case 2:17-cv-00650 Document 1 Filed 01/31/17 Page 4 of 9 PageID: 4

12.

Venue is proper in this district under 28 U.S.C. 1391(b)-(c) because Across is

headquartered in this Judicial District and Defendants have been directing accusations of
infringement to Across within this Judicial District.
THE DISTILLATION DESIGN PATENTS
13.

On December 27, 2016, the United States Patent & Trademark Office ("USPTO")

issued the D310 Patent and, on January 10, 2017, the USPTO issued the D238 Patent, both to
Kremerman.
RELEVANT FACTS REGARDING NON-INFRINGEMENT & INVALIDITY
14.

The Distillation Design Patents are limited in scope to the design shown and

described in the figures of those patents.

15.

Since at least December 27, 2016, Across has offered for sale, sold, and intends to

continue to offer for sale and continue to sell, its SP-Head2L and SP-Head5L glassware
distillation head products.
16.

Defendants have wrongfully, and baselessly, accused Across of infringement in an

attempt to unlawfully (1) force Across out of the market for these glassware distillation head
products, or (2) exact a royalty for unpatented products, when, in actuality, neither the SPHead2L and SP-Head5L glassware distillation head products infringe either Distillation Design
Patent, despite the fact that Across has informed Defendants that, inter alia, the SP-Head2L and
SP-Head5L glassware distillation head products significantly differ in visual appearance from the
designs covered by the Distillation Design Patents, if those design claims are even valid.
17.

Specifically, for example, the Distillation Design Patents each specifically claim

an opaque object whereas the Across SP-Head2L and SP-Head5L distillation heads are both
transparent glassware.

Case 2:17-cv-00650 Document 1 Filed 01/31/17 Page 5 of 9 PageID: 5

18.

The orientation of the cooling jacket inlets and outlets of the Distillation Design

Patents are perpendicular to their cooling jackets, whereas the Across SP-Head2L and SPHead5L distillation heads are oriented at an angle to their cooling jackets.
19.

The outlet of the cooling tube passing through the cooling jacket of each

Distillation Design Patent is straight, whereas the outlet of the cooling tube passing through the
cooling jacket of the Across SP-Head2L and SP-Head5L distillation heads are both curved.
20.

Consequently, the Across SP-Head2L and SP-Head5L distillation heads do not

look substantially the same as the designs claimed in the Distillation Design Patents and thereby
do not infringe the Distillation Design Patents, literally or under the doctrine of equivalents.
21.

The Distillation Design Patents are invalid and unenforceable for failure to

comply with one or more of the conditions for patentability set forth in the Patent Laws at 35
U.S.C. Sections 102, 103, 112 and 171.
22.

Each of the Distillation Design Patents claims are to features that are primarily

functional and Defendants cannot legally own or claim design patent rights in a design that is
primarily functional. Specifically, to the extent that there are similarities between the claims of
the Distillation Design Patents and aspects of the Across SP-Head2L and SP-Head5L distillation
heads, those similarities are due to the function of those aspects.
COUNT I
(DECLARATION OF NON-INFRINGEMENT OF THE D310 PATENT)
23.

Across repeats and re-alleges the allegations in preceding paragraphs 1-22 as

though fully set forth herein.

24.

Defendants have asserted that the Across SP-Head2L distillation head infringes

the D310 Patent and have threatened to bring suit against Across for the alleged infringement.

Case 2:17-cv-00650 Document 1 Filed 01/31/17 Page 6 of 9 PageID: 6

25.

The design of the Across SP-Head2L distillation head is different from the

ornamental design claimed in the D310 Patent and, hence, does not infringe the D310 patent.
26.

An actual, present and justiciable controversy exists with respect to the Across

SP-Head2L distillation head vis--vis the design claimed in the D310 Patent and a judicial
declaration is necessary under the circumstances to resolve this controversy.
27.

Plaintiff is entitled to a declaratory judgment that the making, using, selling,

offering for sale, within the United States, or the importation into the United States, of the Across
SP-Head2L distillation head does not infringe any enforceable claim of the D310 patent, directly,
indirectly, contributorily or otherwise.
COUNT II
(DECLARATION OF NON-INFRINGEMENT OF THE D238 PATENT)
28.

Across repeats and re-alleges the allegations in preceding paragraphs 1-27 as

though fully set forth herein.

29.

Defendants have asserted that the Across SP-Head5L distillation head infringes

the D238 Patent and have threatened to bring suit against Across for the alleged infringement.
30.

The design of the Across SP-Head5L distillation head is different from the

ornamental design claimed in the D238 Patent and, hence, does not infringe the D238 patent.
31.

An actual, present and justiciable controversy exists with respect to the Across

SP-Head5L distillation head vis--vis the design claimed in the D238 Patent and a judicial
declaration is necessary under the circumstances to resolve this controversy.
32.

Plaintiff is entitled to a declaratory judgment that the making, using, selling,

offering for sale, within the United States, or the importation into the United States, of the Across
SP-Head5L distillation head does not infringe any enforceable claim of the D238 patent, directly,
indirectly, contributorily or otherwise.

Case 2:17-cv-00650 Document 1 Filed 01/31/17 Page 7 of 9 PageID: 7

COUNT III
(DECLARATION OF INVALIDITY OF THE D310 PATENT)
33.

Across repeats and re-alleges the allegations in preceding paragraphs 1-32 as

though fully set forth herein.

34.

The design claimed in the D310 Patent is primarily functional and, therefore, the

D310 Patent is invalid.

35.

To the extent the Across SP-Head2L product would infringe the claimed design of

the D310 patent, the claimed design would also cover, or be a trivial variation of, designs for
distillation heads that are prior art to the D310 Patent, rendering it invalid.
36.

The design claim of the D310 Patent is invalid and/or unenforceable on the

grounds that the invention claimed therein fails to meet the conditions of patentability specified
in Title 35 of the United States Code, specifically, 35 U.S.C. 102, 103, 112 and/or 171.
37.

An actual, present and justiciable controversy exists with respect to the validity

and enforeceability of the D310 Patent.

COUNT IV
(DECLARATION OF INVALIDITY OF THE D238 PATENT)
38.

Across repeats and re-alleges the allegations in preceding paragraphs 1-37 as

though fully set forth herein.

39.

The design claimed in the D238 Patent is primarily functional and, therefore, the

D238 Patent is invalid.

40.

To the extent the Across SP-Head5L product would infringe the claimed design of

the D238 patent, the claimed design would also cover, or be a trivial variation of, designs for
distillation heads that are prior art to the D238 Patent, rendering it invalid.

Case 2:17-cv-00650 Document 1 Filed 01/31/17 Page 8 of 9 PageID: 8

41.

The design claim of the D238 Patent is invalid and/or unenforceable on the

grounds that the invention claimed therein fails to meet the conditions of patentability specified
in Title 35 of the United States Code, specifically, 35 U.S.C. 102, 103, 112 and/or 171.
42.

An actual, present and justiciable controversy exists with respect to the validity

and enforeceability of the D310 Patent.

PRAYER FOR RELIEF
WHEREFORE, Plaintiff, Across, respectfully asks this Court to enter judgment in favor
of Plaintiff and against Defendants, and all persons in active concert or participation with
Defendants, granting the following relief:
A.

Entry of a declaratory judgment of non-infringement that the Across SP-Head2L

product does not, and has not, infringed, directly, indirectly, or contributorily the claim of the
D310 Patent, if it is not invalid;
B.

Entry of a declaratory judgment of non-infringement that the Across SP-Head5L

product does not, and has not, infringed, directly, indirectly, or contributorily the claim of the
D238 Patent, if it is not invalid;
C.

Entry of a declaratory judgment that the claim of the D310 Patent is invalid and/or

unenforceable.
D.

Entry of a declaratory judgment that the claim of the D238 Patent is invalid and/or

unenforceable.
E.

Entry of a declaratory judgment finding that Defendant's baseless accusations

render this case an exceptional case under 35 U.S.C. 285 and awarding Across its reasonable
attorneys' fees, expenses and costs incurred in this action;

Case 2:17-cv-00650 Document 1 Filed 01/31/17 Page 9 of 9 PageID: 9

F.

Enjoining Defendants from charging infringement or instituting any action for

enforcement of the D310 and D238 Patents against Across or its customers relating to the Across
SP-Head2L and SP-Head5L glassware distillation head products; and
G.

Such other relief that Across is entitled to under the law, and any other further

relief that this Court or a jury may deem just and proper under the circumstances.
JURY DEMAND
Across demands a trial by jury on all issues in this Complaint triable thereto.
Respectfully submitted,
WEITZMAN LAW OFFICES, LLC
Dated: January 31, 2017

By:

s/ Kenneth S. Weitzman
Kenneth S. Weitzman (NJ Bar No. 021451992)
425 Eagle Rock Ave., Suite 102
Roseland, NJ 07068
Phone: (973) 403-9940
Fax: (973) 403-9944
kweitzman@weitzmanip.com
Attorneys for Plaintiff,
Across International, LLC

JS 44 (Rev. 07/16)

Case 2:17-cv-00650 Document 1-1 Filed 01/31/17 Page 1 of 2 PageID: 10

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

DEFENDANTS

ACROSS INTERNATIONAL, LLC

SUMMIT INDUSTRIAL SUPPLY, LLC &

KREMERMAN, ELLIOT

(b) County of Residence of First Listed Plaintiff

ESSEX (NJ)

County of Residence of First Listed Defendant

(EXCEPT IN U.S. PLAINTIFF CASES)

NOTE:

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

SANTA CLARA (CA)

(IN U.S. PLAINTIFF CASES ONLY)

IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

Attorneys (If Known)

Kenneth S. Weitzman, Esq., WEITZMAN LAW OFFICES LLC,

425 Eagle Rock Ave., Suite 102, Roseland, NJ 07068,
kweitzman@weitzmanip.com Phone (973) 403-9940

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

1

U.S. Government
Plaintiff

Federal Question
(U.S. Government Not a Party)

U.S. Government
Defendant

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

DEF
1

and One Box for Defendant)

PTF
DEF
Incorporated or Principal Place
4
4
of Business In This State

Citizen of Another State

Incorporated and Principal Place

of Business In Another State

Citizen or Subject of a
Foreign Country

Foreign Nation

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

CONTRACT

TORTS

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

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

FORFEITURE/PENALTY

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

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))

FEDERAL TAX SUITS

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

IMMIGRATION
462 Naturalization Application
465 Other Immigration
Actions

OTHER STATUTES
375 False Claims Act
376 Qui Tam (31 USC
3729(a))
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

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

1 Original
Proceeding

2 Removed from
State Court

6 Multidistrict
Litigation Transfer
(specify)
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
Remanded from
Appellate Court

4 Reinstated or
Reopened

5 Transferred from
Another District

8 Multidistrict
Litigation Direct File

Patent Laws, Title 35 - 35 U.S.C. 101 et seq.

VI. CAUSE OF ACTION Brief description of cause:

Patent infringement - Declaratory judgment of non-infringement and/or invalidity

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

CHECK YES only if demanded in complaint:

Yes
No
JURY DEMAND:

DEMAND $

DOCKET NUMBER

SIGNATURE OF ATTORNEY OF RECORD

s/ Kenneth S. Weitzman

01/31/2017
FOR OFFICE USE ONLY
RECEIPT #

AMOUNT

Print

APPLYING IFP

Save As...

JUDGE

MAG. JUDGE

Reset

Case 2:17-cv-00650 Document 1-1 Filed 01/31/17 Page 2 of 2 PageID: 11

JS 44 Reverse (Rev. 07/16)

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)

(b)

(c)

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)".

II.

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.)

III.

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.

IV.

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.

V.

Origin. Place an "X" in one of the seven 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 Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C.
Section 1407.
Multidistrict Litigation Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket.
PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to
changes in statue.

VI.

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

VII.

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.

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 2:17-cv-00650 Document 1-2 Filed 01/31/17 Page 1 of 1 PageID: 12

UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY
ACROSS INTERNATIONAL, LLC

:
:
v.
:
:
SUMMIT INDUSTRIAL SUPPLY, LLC
:
& ELLIOT KREMERMAN

Civil Action No. _______________

DISCLOSURE STATEMENT
ACROSS INTERNATIONAL, LLC
The undersigned counsel for________________________________________________,
certifies that this party is a non-governmental corporate party and that:

This partys parent corporation, and all publicly held corporations owning 10% or more
of this partys stock, are listed here:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________

OR

This party does not have a parent corporation, nor is there any publicly held corporation
that owns 10% or more of this partys stock.

s/ Kenneth S. Weitzman
_______________________________

__________________________________
Weitzman Law Offices LLC

Signature of Attorney

Name of Firm

Kenneth S. Weitzman
_______________________________

425 Eagle Rock Ave., Suite 102

__________________________________

Print Name

Address

_______________
1/31/2017
Date

Roseland, NJ 07068
________________________________________
City/State/ZIP Code

Instructions:
1. Disclosure Statement is to be filed as a separate document.
2. Select Case Type (Civil) from the menu bar at the top of the ECF screen.
3. Click on Other Documents.
4. Select Corporate Disclosure Statement.
5. Enter the case for which the Disclosure Statement is being filed.
6. Select the PDF document to file.
7. Select the party filing the Disclosure Statement.
8. If applicable, insert the name of the Corporate Parent or leave blank.
9. Proofread the docket text.
10. Submit the Disclosure Statement by clicking the NEXT button.

DNJ-CMECF-005 (5/2/08)

Case 2:17-cv-00650 Document 1-3 Filed 01/31/17 Page 1 of 2 PageID: 13

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

UNITED STATES DISTRICT COURT

for the

District
of New
__________
District
of Jersey
__________
ACROSS INTERNATIONAL, LLC
Plaintiff

v.
SUMMIT INDUSTRIAL SUPPLY, LLC
and ELLIOT KREMERMAN
Defendant

)
)
)
)
)
)
)

Civil Action No.

SUMMONS IN A CIVIL ACTION

To: (Defendants name and address) SUMMIT INDUSTRIAL SUPPLY, LLC
23229 Summit Rd.
Los Gatos, CA 95033

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:
Kenneth S. Weitzman, Esq.
WEITZMAN LAW OFFICES LLC
425 Eagle Rock Ave, Suite 102
Roseland, NJ 07068

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:
Signature of Clerk or Deputy Clerk

Case 2:17-cv-00650 Document 1-3 Filed 01/31/17 Page 2 of 2 PageID: 14

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

Civil Action No.

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)

; or

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

I served the summons on (name of individual)

, who is

designated by law to accept service of process on behalf of (name of organization)

on (date)

; or

I returned the summons unexecuted because

; or

Other (specify):
.

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:

Print

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Case 2:17-cv-00650 Document 1-4 Filed 01/31/17 Page 1 of 2 PageID: 15

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

UNITED STATES DISTRICT COURT

for the

District
of New
__________
District
of Jersey
__________
ACROSS INTERNATIONAL, LLC
Plaintiff

v.
SUMMIT INDUSTRIAL SUPPLY, LLC
and ELLIOT KREMERMAN
Defendant

)
)
)
)
)
)
)

Civil Action No.

SUMMONS IN A CIVIL ACTION

To: (Defendants name and address) ELLIOT KREMERMAN
23229 Summit Rd.
Los Gatos, CA 95033
OR
2825 S. Rodeo Gulch Rd., #8
Soquel, CA 95073

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:
Kenneth S. Weitzman, Esq.
WEITZMAN LAW OFFICES LLC
425 Eagle Rock Ave, Suite 102
Roseland, NJ 07068

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:
Signature of Clerk or Deputy Clerk

Case 2:17-cv-00650 Document 1-4 Filed 01/31/17 Page 2 of 2 PageID: 16

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

Civil Action No.

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)

; or

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

I served the summons on (name of individual)

, who is

designated by law to accept service of process on behalf of (name of organization)

on (date)

; or

I returned the summons unexecuted because

; or

Other (specify):
.

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:

Print

Save As...

Reset