Carol Essa v. The Irvine Company Apartment Communities, Inc.
| Carol Essa |
| The Irvine Company Apartment Communities, Inc. |
| 8:2014cv01716 |
| October 24, 2014 |
| US District Court for the Central District of California |
| Jay C Gandhi |
| Josephine L Staton |
| Civil Rights: Accommodations |
| 42 U.S.C. § 405 |
| Both |
Docket Report
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This docket was last retrieved on November 27, 2017. A more recent docket listing may be available from PACER.
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Filing 73
MINUTE ORDER (IN CHAMBERS) by Judge Josephine L. Staton: DIRECTING RELEASE of Funds Pursuant to Notice Specifying where Funds on Deposit with the Court are to be sent re: Notice #72 . The Court directs the clerk's office to release the interpleaded funds to Plaintiff's trustee pursuant to the Notice. Upon releaseof the funds, the case will be closed. (mba)
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| Filing 72 NOTICE SPECIFYING WHERE FUNDS ON DEPOSIT WITH THE COURT ARE TO BE SENT filed by Plaintiff Carol Essa. (Elder, Margaret) |
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Filing 71
MINUTES (IN CHAMBERS) ORDER DIRECTING PLAINTIFF TO FILE NOTICE WITH COURT REGARDING DEPOSITED SETTLEMENT FUNDS by Judge Josephine L. Staton: The Court hereby ORDERS the Plaintiff to file a notice with the Court specifically as to where the funds are to be sent, whether to herself or to a trustee, within sixty (60) days of this order. Other than the filing of an address and name for the disbursement of funds, this case remains administratively closed and no further motions or requests will be considered by the Court. *See Order for further details.* (es)
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| Filing 70 MINUTES: Motion hearing held. Court and counsel confer. Motion is DENIED WITHOUT PREJUDICE. by Judge Josephine L. Staton: denying #68 MOTION to Withdraw as Attorney. (twdb) Modified on 9/27/2017 (twdb). |
| Filing 69 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION of Chandra Gehri Spencer; Margaret Elder; Melinda Luthin; Alexandria Phillips to Withdraw as Attorney #68 filed by Plaintiff Carol Essa. (Elder, Margaret) |
| Filing 68 NOTICE OF MOTION AND MOTION of Chandra Gehri Spencer; Margaret Elder; Melinda Luthin; Alexandria Phillips to Withdraw as Attorney filed by Attorneys for Plaintiff Carol Essa. Motion set for hearing on 9/15/2017 at 02:30 PM before Judge Josephine L. Staton. (Attachments: #1 Declaration Declaration of Chandra Gehri Spencer, #2 Affidavit Certificate of Service, #3 Proposed Order Proposed Order, #4 Affidavit Certificate of Service) (Elder, Margaret) |
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Filing 67
ORDER ON UNCONTESTED EX PARTE APPLICATION FOR PAYMENT OF FEES AND COSTS TO PLAINTIFFS COUNSEL FROM FUNDS HELD BY THE COURT PURSUANT TO MAGISTRATE JUDGE GANDHIS MAY 11, 2016 ORDER by Magistrate Judge Jay C. Gandhi: IT IS HEREBY ORDERED that the application 66 is granted. The Clerk of the Court, who is holding Plaintiffs settlement funds, is hereby ordered to issue a check, payable to Elder & Spencer, LLP, in the amount of $59,000 for payment of the balance of attorneys fees and costs owed to Plaintiff's counsel. (kh)
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| Filing 65 NOTICE OF FILING TRANSCRIPT filed for proceedings 5/11/2016 re Transcript #64 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (at) TEXT ONLY ENTRY |
| Filing 64 TRANSCRIPT for proceedings held on 5/11/2016. Court Reporter/Electronic Court Recorder: EXCEPTIONAL REPORTING SERVICES, INC., phone number (361) 949-2988. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 7/11/2016. Redacted Transcript Deadline set for 7/21/2016. Release of Transcript Restriction set for 9/19/2016. (at) |
| Filing 63 SEALED DOCUMENT Notice of Payment re Amended Minutes #59 filed by Defendant The Irvine Company Apartment Communities, Inc..(Coughlin, Frank) |
| Filing 62 SEALED REPLY RE Settlement Conference, #58 , Amended Minutes #59 , Order on Motion for Leave to File Document Under Seal,, #47 , EX PARTE APPLICATION to file document (Exhibit 1 to Declaration of Earl R. Wallace in Support of Defendant's Motion to Enforce Settlement Agreement) under seal #44 filed by Plaintiff Carol Essa. (Attachments: #1 Declaration Declaration of Chandra Gehri Spencer, #2 Exhibit Exhibit A-Representation Agreement, #3 Exhibit Exhibit B-Costs, #4 Exhibit Exhibit C-Settlement Distribution)(Elder, Margaret) |
| Filing 61 SEALED REPLY RE EX PARTE APPLICATION to file document (Exhibit 1 to Declaration of Earl R. Wallace in Support of Defendant's Motion to Enforce Settlement Agreement) under seal #44 , Amended Minutes #59 filed by Plaintiff Carol Essa. (Attachments: #1 Exhibit Exhibit A)(Elder, Margaret) |
| Filing 60 TRANSCRIPT ORDER as to Plaintiff Carol Essa for Court Smart (CS). Court will contact Chandra Gehri Spencer at chandra@elderspencer.com with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court recorder. (Elder, Margaret) |
| Filing 59 AMENDED CIVIL MINUTES by Magistrate Judge Jay C. Gandhi. **See document for specifics** (kh) |
| Filing 58 MINUTES OF Settlement Conference held before Magistrate Judge Jay C. Gandhi: Case called. Appearances announced. Plaintiff Carol Essa fails to appear for the Settlement Conference in violation of the Courts Order. The Court takes under submission the sanctions to employ against her. The Court confers with counsel. The Court rules as articulated on the record.Court Recorder: CS 5/11/2016. (kh) |
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Filing 57
(IN CHAMBERS) ORDER REGARDING SETTLEMENT CONFERENCE by Magistrate Judge Jay C. Gandhi: IT IS ORDERED as follows: The parties and their lead trial counsel shall appear for a settlement conference on May 11, 2016 at 10:00 a.m., in Courtroom 6A of the Ronald Reagan Federal Building and U.S. Courthouse, 411 West Fourth Street, 6th Floor, Santa Ana, California 92701. The parties and their lead trial counsel shall keep their schedule clear for the remaining part of the day. No party or counsel shall be excused absent leave from the Judge or until the settlement conference is adjourned. On or before May 4, 2016, each party shall submit a confidential mediation statement (or email) directly to the chambers of the Court at judge_gandhi_mediation@cacd.uscourts.gov. The Statements should not be filed with the Clerk of the Court, and they will not be made part of the case file. (kh)
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Filing 56
MINUTE ORDER (IN CHAMBERS) by Judge Josephine L. Staton: Re: Defendant's Motion to Reopen Case and to Enforce Settlement Agreement #48 . For the following reasons, the Court VACATES the hearing on the Motion, set for February 19, 2016, at 2:30 p.m., and REFERS the matter to Magistrate Judge Gandhi.(see document for details) (mba)
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| Filing 55 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Reopen Case and NOTICE OF MOTION AND MOTION to Enforce Settlement Agreement #48 filed by Defendant The Irvine Company Apartment Communities, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Coughlin, Frank) |
| Filing 54 REPLY in support of NOTICE OF MOTION AND MOTION to Reopen Case and NOTICE OF MOTION AND MOTION to Enforce Settlement Agreement #48 filed by Defendant The Irvine Company Apartment Communities, Inc.. (Coughlin, Frank) |
| Filing 53 OPPOSITION to NOTICE OF MOTION AND MOTION to Reopen Case and NOTICE OF MOTION AND MOTION to Enforce Settlement Agreement #48 filed by Plaintiff Carol Essa. (Elder, Margaret) |
| Filing 52 SEALED DOCUMENT EXHIBIT 1 re Declaration (Motion related), #50 , Order on Motion for Leave to File Document Under Seal,, #47 filed by Defendant The Irvine Company Apartment Communities, Inc..(Coughlin, Frank) |
| Filing 51 PROPOSED ORDER re NOTICE OF MOTION AND MOTION to Reopen Case and NOTICE OF MOTION AND MOTION to Enforce Settlement Agreement #48 filed by Defendant The Irvine Company Apartment Communities, Inc.. (Coughlin, Frank) |
| Filing 50 DECLARATION of Earl R. Wallace in support of NOTICE OF MOTION AND MOTION to Reopen Case and NOTICE OF MOTION AND MOTION to Enforce Settlement Agreement #48 filed by Defendant The Irvine Company Apartment Communities, Inc.. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4)(Coughlin, Frank) |
| Filing 49 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION to Reopen Case and NOTICE OF MOTION AND MOTION to Enforce Settlement Agreement #48 filed by Defendant The Irvine Company Apartment Communities, Inc.. (Coughlin, Frank) |
| Filing 48 NOTICE OF MOTION AND MOTION to Reopen Case and, NOTICE OF MOTION AND MOTION to Enforce Settlement Agreement filed by Defendant The Irvine Company Apartment Communities, Inc.. Motion set for hearing on 2/19/2016 at 02:30 PM before Judge Josephine L. Staton. (Coughlin, Frank) |
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Filing 47
ORDER by Judge Josephine L. Staton granting #44 EX PARTE APPLICATION for Leave to File Under Seal. Before the Court is Defendant The Irvine Company Apartment Communities, Inc.'s unopposed Ex Parte Application to file a confidential settlement agreement under seal in support of a motion to enforce the settlement. (Doc. 44.) Upon reviewing the papers, and for good cause shown, the Court GRANTS the Application. The confidential settlement agreement shall be filed under seal. IT IS SO ORDERED. (dro)
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| Filing 46 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: EX PARTE APPLICATION to file document(Exhibit 1 to Declaration of Earl R. Wallace in Support of Defendant's Motion to Enforce Settlement Agreement)under seal #44 . The following error(s) was found: Other error(s) with document(s) are specified below: The Redacted Version of the proposed Under Seal Document is missing. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lwag) |
| Filing 45 SEALED DECLARATION IN SUPPORT OF EX PARTE APPLICATION to file document (Exhibit 1 to Declaration of Earl R. Wallace in Support of Defendant's Motion to Enforce Settlement Agreement) under seal #44 filed by Defendant The Irvine Company Apartment Communities, Inc.. (Attachments: #1 Unredacted Document Exhibit 1 to Declaration of Earl R. Wallace in Support of Defendant's Motion to Enforce Settlement Agreement)(Coughlin, Frank) |
| Filing 44 EX PARTE APPLICATION to file document (Exhibit 1 to Declaration of Earl R. Wallace in Support of Defendant's Motion to Enforce Settlement Agreement) under seal filed by Defendant The Irvine Company Apartment Communities, Inc.. (Attachments: #1 Proposed Order Proposed Sealing Order)(Coughlin, Frank) |
| Filing 43 NOTICE of Change of Attorney Business or Contact Information: for attorney Frank J Coughlin counsel for Defendant The Irvine Company Apartment Communities, Inc.. Changing Address to 1551 N. Tustin Ave., Suite 480, Santa Ana, CA 92705. Filed by Defendant The Irvine Company Apartment Communities, Inc.. (Coughlin, Frank) |
| Filing 42 NOTICE OF CLERICAL ERROR Re: doc {40]: Due to clerical error, incorrect Judge's signature is on document. The correct signature should be Judge Josephine L. Staton, as reflected in Corrected Order (doc #41 ) (see attached). (Attachments: #1 Order) (dro) |
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Filing 41
CORRECTED ORDER by Judge Josephine L. Staton, re Order #40 , correcting name of Judge Josephine L. Staton's signature. (see document for details). (dro)
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Filing 40
ORDER STAYING ACTION PENDING FINAL SETTLEMENT, REMOVING CASE FROM ACTIVECASELOAD, AND FILING OF DISMISSAL by Judge Josephine L. Staton: On April 30, 2015, the parties filed a Notice of Settlement indicating that the parties are in the process of finalizing settlement and Plaintiff anticipates the settlementwill be finalized in one hundred-twenty (120) days #39 . Based thereon, the Court hereby orders all proceedings in the case stayed pending final settlement. (MD JS-6. Case Terminated), (Made JS-6. Case Terminated.) (mu)
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| Filing 39 NOTICE of Settlement filed by Plaintiff Carol Essa. (Elder, Margaret) |
| Filing 38 CIVIL TRIAL ORDER for cases assigned to Judge Josephine L. Staton. (tg) |
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Filing 37
ORDER/REFERRAL to ADR Procedure No 3 by Judge Josephine L. Staton. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than 7/17/15. (twdb)
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Filing 36
MINUTE ORDER IN CHAMBERS by Judge Josephine L. Staton: SCHEDULING ORDER. On the Courts own motion, the Scheduling Conference set for hearing on February 13,2015 is VACATED and taken off calendar, and the following dates are set. ( Fact Discovery cut-off 5/15/2015., Motions due by 5/29/2015., Motions in Limine to be filed by 8/21/2015., Last date to conduct settlement conference is 7/17/2015., Final Pretrial Conference set for 9/18/2015 01:30 PM before Judge Josephine L. Staton., Jury Trial set for 10/6/2015 09:00 AM before Judge Josephine L. Staton., Exhibit Conference set for 10/2/2015 03:30 PM before Judge Josephine L. Staton.) (twdb)
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| Filing 35 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial Plaintiff: 5-6 Days; Defendant: 8 Days, filed by Plaintiff Carol Essa.. (Elder, Margaret) |
| Filing 34 TRANSCRIPT ORDER as to Defendant The Irvine Company Apartment Communities, Inc. Court Reporter. Court will contact Alicia Ramirez at alicia.ramirez@rwclegal.com with any questions regarding this order. Transcript portion requested: Other: November 21, 2014. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Coughlin, Frank) |
| Filing 33 TRANSCRIPT ORDER as to Plaintiff Carol Essa Court Reporter. Court will contact Margaret Elder at margaret@margaretelder.com with any questions regarding this order. Transcript portion requested: Other: Hearing on Preliminary Injunction. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Elder, Margaret) |
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Filing 32
ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference is set for 2/13/2015 at 1:30 PM before Judge Josephine L. Staton. (tg)
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| Filing 31 ANSWERJURY DEMAND. to Plaintiff's Complaint filed by Defendant The Irvine Company Apartment Communities, Inc..(Coughlin, Frank) |
| Filing 30 MINUTES OF Hearing RE Preliminary Injunction held before Judge Josephine L. Staton: Hearing held. Oral arguments heard. Application for Preliminary Injunction is DENIED. Order to Show Cause is DISCHARGED. Court Reporter: Deborah Parker. (twdb) |
| Filing 29 STIPULATION Extending Time to Answer the complaint as to The Irvine Company Apartment Communities, Inc. answer now due 11/24/2014, re Complaint (Attorney Civil Case Opening) #1 filed by defendant The Irvine Company Apartment Communities, Inc..(Coughlin, Frank) |
| Filing 28 evidentiary objection to declaration of M. Raber re: First MOTION for Preliminary Injunction re Filing of Unlawful Detainer by Defendant Plaintiff's Opening Brief in Support. Motion #21 filed by Plaintiff Carol Essa. (Elder, Margaret) |
| Filing 27 evidentiary objection to declaration of Pareja re: First MOTION for Preliminary Injunction re Filing of Unlawful Detainer by Defendant Plaintiff's Opening Brief in Support. Motion #21 filed by Plaintiff Carol Essa. (Elder, Margaret) |
| Filing 26 evidentiary objection to declaration of J. Reese re: First MOTION for Preliminary Injunction re Filing of Unlawful Detainer by Defendant Plaintiff's Opening Brief in Support. Motion #21 filed by Plaintiff Carol Essa. (Elder, Margaret) |
| Filing 25 evidentiary objection to declaration of Kelly Love re: First MOTION for Preliminary Injunction re Filing of Unlawful Detainer by Defendant Plaintiff's Opening Brief in Support. Motion #21 filed by Plaintiff Carol Essa. (Elder, Margaret) |
| Filing 24 REPLY In support First MOTION for Preliminary Injunction re Filing of Unlawful Detainer by Defendant Plaintiff's Opening Brief in Support. Motion #21 Plaintiffs reply, declaration and exhibits filed by Plaintiff Carol Essa. (Elder, Margaret) |
| Filing 23 REPLY in response to First MOTION for Preliminary Injunction re Filing of Unlawful Detainer by Defendant Plaintiff's Opening Brief in Support. Motion #21 Reply filed by Defendant The Irvine Company Apartment Communities, Inc.. (Coughlin, Frank) |
| Filing 22 BRIEF filed by Defendant The Irvine Company Apartment Communities, Inc.. in Response to OSC re Preliminary Injunction (Attachments: #1 Declaration Coughlin Declaration, #2 Declaration Reese Declaration, #3 Declaration Pareja Declaration, #4 Declaration Love Declaration, #5 Declaration Raber Declaration)(Coughlin, Frank) |
| Filing 21 Plaintiff's Opening Brief in Support. Motion filed by Plaintiff Carol Essa. Motion set for hearing on 11/21/2014 at 02:30 PM before Judge Josephine L. Staton. (Elder, Margaret) Modified on 11/10/2014 (tg). |
| Filing 20 STATUS REPORT filed by Defendant The Irvine Company Apartment Communities, Inc.. (Coughlin, Frank) |
| Filing 19 NOTICE of Change of Lead Counsel changing lead counsel from Alexandria C. Phillips, Chandra G. Spencer, and Melinda M. Luthin to Margaret Ann Elder, Chandra G. Spencer, and Melinda Luthin. filed by Plaintiff Carol Essa, (Elder, Margaret) |
| Filing 18 NOTICE of Errata filed by defendant The Irvine Company Apartment Communities, Inc.. (Coughlin, Frank) |
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Filing 17
MINUTES (IN CHAMBERS): ORDER by Judge Josephine L. Staton: 1) denying #8 Ex Parte Application for TRO (2) SETTING A HEARING REGARDING THE ISSUANCE OF A PRELIMINARY INJUNCTION FOR NOVEMBER 21, 2014, AT 2:30 P.M.; AND (3) ORDERING THE PARTIES TO HOLD IN-PERSON SETTLEMENT DISCUSSIONS BY NOVEMBER 7, 2014 (twdb)
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| Filing 16 REPLY In Support of First EX PARTE APPLICATION for Temporary Restraining Order as to Stop Eviction Ex Parte Application #8 filed by Plaintiff Carol Essa. (Elder, Margaret) |
| Filing 15 CERTIFICATE of Interested Parties filed by Defendant The Irvine Company Apartment Communities, Inc., (Coughlin, Frank) |
| Filing 14 Opposition re: First EX PARTE APPLICATION for Temporary Restraining Order as to Stop Eviction Ex Parte Application #8 filed by Defendant The Irvine Company Apartment Communities, Inc.. (Attachments: #1 Declaration Declaration of Christopher Shikuma, #2 Declaration Declaration of Earl R. Wallace, #3 Proposed Order Proposed Order)(Attorney Frank J Coughlin added to party The Irvine Company Apartment Communities, Inc.(pty:dft))(Coughlin, Frank) |
| Filing 13 PROOF OF SERVICE Executed by Plaintiff Carol Essa, upon Defendant The Irvine Company Apartment Communities, Inc. served on 10/27/2014, answer due 11/17/2014. Service of the Summons and Complaint were executed upon CSC Lawyers Inc.- Agent for Service- By serving Becky Degeorge in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Elder, Margaret) |
| Filing 12 INITIAL STANDING ORDER FOR CASES ASSIGNED TO JUDGE JOSEPHINE L. STATON. (tg) |
| Filing 11 Proof OF SERVICE filed by Plaintiff Carol Essa, re First EX PARTE APPLICATION for Temporary Restraining Order as to Stop Eviction Ex Parte Application #8 served on 10/27/2014. (Elder, Margaret) |
| Filing 10 Proof OF SERVICE filed by Plaintiff Carol Essa, re First EX PARTE APPLICATION for Temporary Restraining Order as to Stop Eviction Ex Parte Application #8 served on 10/27/2014. (Elder, Margaret) |
| Filing 9 NOTICE of Errata filed by Plaintiff Carol Essa. (Elder, Margaret) |
| Filing 8 First EX PARTE APPLICATION for Temporary Restraining Order as to Stop Eviction Ex Parte Application filed by Plaintiff Carol Essa.(Elder, Margaret) |
| Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant The Irvine Company Apartment Communities, Inc. (nbo) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (nbo) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Josephine L. Staton and Magistrate Judge Jay C. Gandhi. (nbo) |
| Filing 4 Notice and CERTIFICATE of Interested Parties filed by Plaintiff Carol Essa, (Elder, Margaret) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Carol Essa. (Elder, Margaret) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Carol Essa. (Elder, Margaret) |
| Filing 1 COMPLAINT Receipt No: 0973-14674027 - Fee: $400, filed by Plaintiff Carol Essa. (Attorney Margaret Ann Elder added to party Carol Essa(pty:pla))(Elder, Margaret) |
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