LifeVoxel Virginia SPV, LLC et al v. Marschall et al

Justia Dockets & Filings Ninth Circuit California Southern District LifeVoxel Virginia SPV, LLC et al v. Marschall et al

LifeVoxel Virginia SPV, LLC et al v. Marschall et al

Plaintiff:	LifeVoxel Virginia SPV, LLC, Scott Marschall, Debbie Gallo, Kevin Sinagra, Scott Poole and Peter Bershatsky
Defendant:	LifeVoxel.AI, Inc., Kovey Kovalan and Linh Le
Case Number:	3:2022cv01917
Filed:	December 2, 2022
Court:	US District Court for the Southern District of California
Presiding Judge:	Cathy Ann Bencivengo
Referring Judge:	Jill L Burkhardt
2 Judge:	Gonzalo P Curiel
3 Judge:	Michelle M Pettit
4 Judge:	Andrew G Schopler
Nature of Suit:	Securities/Commodities
Cause of Action:	15 U.S.C. § 0077 Securities Fraud
Jury Demanded By:	Plaintiff

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Docket Report

This docket was last retrieved on May 7, 2024. A more recent docket listing may be available from PACER.

Date Filed	Document Text
November 16, 2023	Filing 74 ORDER Setting Briefing Schedule on Motion To Dismiss [ECF No. #73 ]. Opposition due by 12/4/2023. Reply due by 12/18/2023. A hearing on this matter is scheduled for 2/16/2024, at 1:30 PM in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 11/16/2023.(jmo)
November 13, 2023	Filing 73 MOTION to Dismiss for Failure to State a Claim by Kovey Kovalan, Linh Le, LifeVoxel.AI, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration Declaration of S. Thompson)(Thompson, Sara) (jmo).
October 27, 2023	Filing 72 NOTICE of Appearance by Benjamin Leslie Caplan on behalf of LifeVoxel.AI, Inc. (Caplan, Benjamin)Attorney Benjamin Leslie Caplan added to party LifeVoxel.AI, Inc.(pty:dft) (jmo).
October 25, 2023	Filing 71 Order Granting Defendants' Unopposed Motion for Extension of Time to Respond to Second Amended Complaint (ECF No. #70 ). Defendants may file their response to the Second Amended Complaint on or before 11/10/23. Signed by Judge Gonzalo P. Curiel on 10/25/23. (jmo) (Main Document 71 replaced on 10/25/2023 and NEF regenerated to correct caption) (jmo).
October 25, 2023	Filing 70 Ex Parte MOTION for Extension of Time to File Response to Second Amended Complaint (Unopposed) by Kovey Kovalan, Linh Le, LifeVoxel.AI, Inc.. (Thompson, Sara) (jmo).
October 19, 2023	Filing 68 Order Granting Plaintiffs' Motion to File Documents Under Seal (ECF No. #66 ). Signed by Judge Gonzalo P. Curiel on 10/19/23. (jmo)
October 13, 2023	Filing 67 Docketed sealed per #68 as 69 SEALED LODGED Proposed Document re: #66 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Khan, Amjad) (jmo). Modified on 10/20/2023 (jmo).
October 13, 2023	Filing 66 MOTION to File Documents Under Seal (With attachments)(Khan, Amjad) (jmo).
October 13, 2023	Filing 65 AMENDED COMPLAINT with Jury Demand against Kovey Kovalan, Linh Le, LifeVoxel.AI, Inc., filed by Peter Bershatsky, Debbie Gallo, LifeVoxel Virginia SPV, LLC, Scott Marschall, Scott Poole, Kevin Sinagra. (Khan, Amjad) (jmo).
October 4, 2023	Filing 64 Order Granting Plaintiff's Ex Parte Application for an Order Extending Time to file Amended Complaint (ECF No. #63 ). Plaintiffs may file an amended complaint on or before 10/13/23. Signed by Judge Gonzalo P. Curiel on 10/4/23. (jmo)
September 29, 2023	Filing 63 Ex Parte MOTION for Extension of Time to File Amended Complaint by Peter Bershatsky, Debbie Gallo, LifeVoxel Virginia SPV, LLC, Scott Marschall, Scott Poole, Kevin Sinagra. (Attachments: #1 Proposed Order Re: Ex Parte Application for Order Extending Time to File Amended Complaint)(Khan, Amjad) QC mailer re: not filing proposed orders on docket. Proposed order restricted. 10/2/2023 (jmo).
September 15, 2023	Filing 62 ORDER Granting #50 Defendants' Motion to Dismiss with Leave to Amend. Plaintiffs' Complaint is dismissed without prejudice and with leave to amend on or before 10/6/2023. Signed by Judge Gonzalo P. Curiel on 9/15/2023. (rmc)
August 23, 2023	Filing 61 Minute Entry for proceedings held before Judge Gonzalo P. Curiel: Motion Hearing held on 8/23/2023 re Defendants' Motion to Dismiss for Failure to State a Claim (ECF No. #50 ). Oral arguments heard. The matter is taken under submission. The Court will issue a written order. (Court Reporter/ECR Melinda Setterman). (Plaintiff Attorney Ethan Joseph Brown and Jennifer L. Gordon). (Defendant Attorney Joseph Patrick Sargent and Sara Elizabeth Thompson). (no document attached) (ajs)
August 18, 2023	Filing 60 Minute ORDER by Gonzalo P. Curiel. Motion Hearing re Motion to Dismiss for Failure to State a Claim (ECF No. #50 ) set for 8/23/2023 1:30 PM is RESET TO 8/23/2023 11:30 AM before Judge Gonzalo P. Curiel. Plaintiffs' Motion to Appear Virtually is Granted. (ECF No. #58 ). The hearing will be held by video via Zoom for all parties. The Court will email the parties connection instructions. (no document attached) (ajs)
August 18, 2023	Filing 59 ORDER Approving the Pro Hac Vice Application of Jennifer L. Gordon, re #57 Request to Appear Pro Hac Vice. Signed by Judge Gonzalo P. Curiel on 8/18/2023.(rmc)
August 18, 2023	Filing 58 Ex Parte MOTION for Leave to Appear Virtually At August 23, 2023 Hearing on Motion by Peter Bershatsky, Debbie Gallo, LifeVoxel Virginia SPV, LLC, Scott Marschall, Scott Poole, Kevin Sinagra. (Khan, Amjad) **QC mailer for proposed order 8/18/2023 (jmo).
August 18, 2023	Filing 57 Request to Appear Pro Hac Vice (Filing fee received: $213.00 receipt number ACASDC-18114367.) (Application to be reviewed by Clerk.) (Gordon, Jennifer)(jrd)
August 16, 2023	Filing 56 Minute ORDER by Judge Gonzalo P. Curiel. Motion Hearing re Motion to Dismiss for Failure to State a Claim (ECF No. #50 ) set for 8/18/2023 is CONTINUED TO 8/23/2023 01:30 PM before Judge Gonzalo P. Curiel. Defendants' Motion to Appear Virtually is Granted. (ECF No. #55 ). (no document attached) (ajs)
August 9, 2023	Filing 55 Ex Parte MOTION for Leave to Appear Virtually at Aug 18th Hearing by Kovey Kovalan, Linh Le, LifeVoxel.AI, Inc.. (Thompson, Sara) (jmo).
August 4, 2023	Filing 54 MINUTE ORDER OF TRANSFER. Magistrate Judge Jill L. Burkhardt is no longer assigned. Case reassigned to Magistrate Judge Michelle M. Pettit for all further proceedings. The new case number is 22cv1917-GPC(MMP).(no document attached) (rmc)
July 27, 2023	Filing 53 REPLY - Other re #52 Response in Opposition to Motion Motion to Dismiss filed by Kovey Kovalan, Linh Le, LifeVoxel.AI, Inc.. (Sargent, Joseph) (aas).
July 13, 2023	Filing 52 RESPONSE in Opposition re #50 MOTION to Dismiss for Failure to State a Claim filed by LifeVoxel Virginia SPV, LLC. (Khan, Amjad) (jmo).
June 16, 2023	Filing 51 Order Setting Briefing Schedule on Motion to Dismiss (ECF No. #50 ). Any opposition shall be filed on or before 7/13/2023. Any reply shall be filed on or before 7/27/2023. A hearing on this matter is scheduled for 8/18/23 at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 6/16/23.(jmo)
June 15, 2023	Filing 50 MOTION to Dismiss for Failure to State a Claim by Kovey Kovalan, Linh Le, LifeVoxel.AI, Inc.. (Attachments: #1 Memo of Points and Authorities in Support of Motion to Dismiss Plaintiffs' Amended Complaint, #2 Declaration of Philip C. Semprevivo with Supporting Exhibits (including Redacted Exhibits D - F of Amended Complaint), #3 Declaration of Joseph P. Sargent with Supporting Exhibits)(Semprevivo, Philip) (jmo).
June 5, 2023	Filing 48 Order Granting Plaintiffs' Motion to File Document Under Seal (ECF No. #44 ). Signed by Judge Gonzalo P. Curiel on 6/5/23. (jmo)
June 1, 2023	Filing 47 Amended Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (jmo)
June 1, 2023	Filing 46 AMENDED COMPLAINT with Jury Demand against All Defendants, filed by LifeVoxel Virginia SPV, LLC.New Summons Requested. (Khan, Amjad) (jmo).
June 1, 2023	Filing 45 Docketed Sealed per #48 as 49 * SEALED LODGED Proposed Document re: #44 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Khan, Amjad)(jmo). Modified on 6/6/2023 (jmo).
June 1, 2023	Filing 44 MOTION to File Documents Under Seal (With attachments)(Khan, Amjad) (jmo).
May 30, 2023	Filing 43 Order: 1) Granting Motion to Amend and Vacating Hearing; and 2) Denying Pending Motion to Dismiss as Moot (ECF Nos. #9 , #16 ). Plaintiff shall file an Amended Complaint within five (5) days of the Court's order. Signed by Judge Gonzalo P. Curiel on 5/30/23. (jmo)
May 17, 2023	Filing 42 Order Regarding Defendants' Objection to Plaintiffs' Withdrawal of Document (ECF No. #40 ). Signed by Judge Gonzalo P. Curiel on 5/17/23.(jmo)
May 16, 2023	Filing 41 ORDER Approving #29 Pro Hac Vice Application of Joseph Patrick Sargent. Signed by Judge Gonzalo P. Curiel on 5/16/2023. (jrm)
May 16, 2023	Filing 40 RESPONSE re #36 Notice of Withdrawal of Document (Defendants' Response in Opposition to Notice of Withdrawal of Documents) filed by Kovey Kovalan, Linh Le, LifeVoxel.AI, Inc.. (Ross-Tait, Courtney) (jmo).
May 16, 2023	Filing 39 Order Denying Plaintiffs' Objection to Defendants' Request for Pro Hac Vice re (ECF Nos. #29 , #30 ). Signed by Judge Gonzalo P. Curiel on 5/16/23.(jmo)
May 16, 2023	Filing 38 NOTICE OF WITHDRAWAL OF DOCUMENT by LifeVoxel Virginia SPV, LLC . (Khan, Amjad) (jmo).
May 15, 2023	Filing 37 Reply RESPONSE in Support re #16 MOTION to Amend/Correct #1 Complaint, filed by LifeVoxel Virginia SPV, LLC. (Khan, Amjad) QC mailer 5/16/2023 correcting title and notification of untimeliness without leave of court to file late (jmo).
May 15, 2023	Filing 36 DOCUMENT WITHDRAWN BY FILER PER #38 NOTICE OF WITHDRAWAL OF DOCUMENT by LifeVoxel Virginia SPV, LLC . (Khan, Amjad) QC mailer to withdraw and correct caption as not a motion and to fix documents to be withdrawn 5/16/2023 (jmo). Modified on 5/16/2023 (jmo).
May 12, 2023	Filing 35 DOCUMENT WITHDRAWN BY FILER PER #38 NOTICE OF ERRATA RE PLAINTIFFS' REPLY BRIEF IN SUPPORT OF MOTION FOR LEAVE TO FILE AMENDED COMPLAINT by LifeVoxel Virginia SPV, LLC (Attachments: #1 Exhibit)(Khan, Amjad) Modified on 5/15/2023 to send QC email re Errata. Attorney should withdraw and refile everything correctly (dlg). Modified on 5/16/2023 (jmo).
May 12, 2023	Filing 34 RESPONSE in Support re #29 MOTION by Joseph P Sargent to Appear PHV filed by Kovey Kovalan, Linh Le, LifeVoxel.AI, Inc.. (Attachments: #1 Declaration of Courtney Ross-Tait in Reply and Further Support of Motion for PHV Admission of Joseph P Sargent with Exh A - Sargent Declaration)(Semprevivo, Philip) (dlg).
May 11, 2023	Filing 33 DOCUMENT WITHDRAWN BY FILER PER #38 Plaintiffs' REPLY in Support of Plaintiffs' Motion for Leave to File Amended Complaint, filed by LifeVoxel Virginia SPV, LLC. (Khan, Amjad) (maq). Modified on 5/16/2023 (jmo).
May 9, 2023	Filing 32 Order Directing Defendants to Reply to Plaintiffs' Pro Hac Vice Request Opposition (ECF No. #29 ). Reply due by 5/12/2023. Signed by Judge Gonzalo P. Curiel on 5/9/23.(jmo)
May 4, 2023	Filing 31 RESPONSE re #29 Request to Appear Pro Hac Vice filed by LifeVoxel Virginia SPV, LLC. (Attachments: #1 Declaration)(Khan, Amjad) (jmo).
May 4, 2023	Filing 30 RESPONSE in Opposition re #16 MOTION to Amend/Correct #1 Complaint, filed by Kovey Kovalan, Linh Le, LifeVoxel.AI, Inc.. (Attachments: #1 Declaration of Courtney Ross-Tait with Supporting Exhibits, #2 Declaration of Joseph Sargent with Supporting Exhibits, #3 Declaration of Philip C. Semprevivo)(Ross-Tait, Courtney) (jmo).
May 3, 2023	Filing 29 Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-17815844.) (Application to be reviewed by Clerk.) (Sargent, Joseph)
April 24, 2023	Filing 28 Order Setting Briefing Schedule on Plaintiff's Motion for Leave to Amend; Vacating Hearing on Motion to Dismiss; and Denying Motion Appear Telephonically as Moot (ECF Nos. #16 , #20 ). Any opposition shall be filed on or before 5/4/2023. Any reply shall be filed on or before 5/11/2023. A hearing on this matter is scheduled for 6/2/23 at 1:30 PM in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 4/24/23.(jmo)
April 24, 2023	Filing 27 Order Denying Plaintiff's Ex Parte Motion to Shorten Time (ECF No. #22 ). Signed by Judge Gonzalo P. Curiel on 4/24/23. (jmo)
April 19, 2023	Filing 26 RESPONSE to Motion re #22 Ex Parte MOTION to Shorten Time filed by Kovey Kovalan, Linh Le, LifeVoxel.AI, Inc. (Ross-Tait, Courtney) (cxl1).
April 18, 2023	Filing 25 Order Granting Motion to Withdraw Document (ECF No. #21 ). Signed by Judge Gonzalo P. Curiel on 4/18/23. (jmo)
April 18, 2023	Filing 23 Order Granting Plaintiffs' Application for Leave to File Under Seal (ECF No. #18 ). Signed by Judge Gonzalo P. Curiel on 4/18/23. (jmo)
April 17, 2023	Filing 22 Ex Parte MOTION to Shorten Time by LifeVoxel Virginia SPV, LLC. (Attachments: #1 Declaration)(Khan, Amjad) (jmo).
April 14, 2023	Filing 21 * Motion*NOTICE OF WITHDRAWAL OF DOCUMENT by LifeVoxel Virginia SPV, LLC . (Khan, Amjad) Modified on 4/14/2023 to correct event (jmo).
April 14, 2023	Filing 20 Ex Parte MOTION for Leave to Appear Virtual/Telephonic at April 28, 2023 Hearing on Motion by Kovey Kovalan, Linh Le, LifeVoxel.AI, Inc.. (Thompson, Sara) (jmo).
April 13, 2023	Filing 19 SEALED LODGED Proposed Document re: #18 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Khan, Amjad) (jmo).
April 13, 2023	Filing 18 MOTION to File Documents Under Seal (With attachments)(Khan, Amjad) (jmo).
April 13, 2023	Filing 16 MOTION to Amend/Correct #1 Complaint, by LifeVoxel Virginia SPV, LLC. (Attachments: #1 Declaration DECLARATION OF JENNIFER L. GORDON IN SUPPORT OF PLAINTIFFS MOTION FOR LEAVE TO FILE AMENDED COMPLAINT, #2 Declaration DECLARATION OF AMJAD M. KHAN IN SUPPORT OF PLAINTIFFS MOTION FOR LEAVE TO FILE AMENDED COMPLAINT)(Khan, Amjad) (jmo).
April 7, 2023	Filing 15 REPLY to Response to Motion re #9 MOTION to Dismiss for Failure to State a Claim filed by Kovey Kovalan, Linh Le, LifeVoxel.AI, Inc.. (Thompson, Sara) (jmo).
March 28, 2023	Filing 14 RESPONSE in Opposition re #9 MOTION to Dismiss for Failure to State a Claim filed by LifeVoxel Virginia SPV, LLC. (Khan, Amjad) (jmo).
March 21, 2023	Filing 13 ORDER Approving #12 Pro Hac Vice Application of Philip Carmine Semprevivo. Signed by Judge Gonzalo P. Curiel on 3/20/2023.(jrm)
March 17, 2023	Filing 12 Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-17678241.) (Application to be reviewed by Clerk.) (Semprevivo, Philip)
March 7, 2023	Filing 11 Order Setting Briefing Schedule on Motion to Dismiss (ECF No. #9 ). Any opposition due by 3/28/2023. Any reply due by 4/7/2023. Motion Hearing set for 5/5/23 is rescheduled to 4/28/2023 at 01:30 PM in Courtroom 2D before Judge Gonzalo P. Curiel. Signed by Judge Gonzalo P. Curiel on 3/7/23.(jmo)
March 7, 2023	Filing 10 Corporate Disclosure Statement by LifeVoxel.AI, Inc. identifying Corporate Parent AI Visualize Inc. for LifeVoxel.AI, Inc... (Thompson, Sara) (jmo).
March 6, 2023	Filing 9 MOTION to Dismiss for Failure to State a Claim by Kovey Kovalan, Linh Le, LifeVoxel.AI, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Exhibit Ex. A - Order Dismissing Complaint, #3 Exhibit Ex. B - Red-lined Complaint)(Thompson, Sara) (jmo).
January 31, 2023	Filing 8 ORDER Approving #6 Pro Hac Vice Application of Sara Thompson. Signed by Judge Gonzalo P. Curiel on 1/31/2023.(jrm)
January 31, 2023	Filing 7 Order Granting Unopposed Motion for Enlargement of Time to Respond to Complaint (ECF No. #5 ). Signed by Judge Gonzalo P. Curiel on 1/31/23. (jmo)
January 31, 2023	Filing 6 Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-17544470.) (Application to be reviewed by Clerk.) (Thompson, Sara)
January 31, 2023	Filing 5 Ex Parte MOTION for Extension of Time to File Response to Complaint (Unopposed) by Kovey Kovalan, Linh Le, LifeVoxel.AI, Inc.. (Ross-Tait, Courtney)Attorney Courtney Rae Ross-Tait added to party Kovey Kovalan(pty:dft), Attorney Courtney Rae Ross-Tait added to party Linh Le(pty:dft), Attorney Courtney Rae Ross-Tait added to party LifeVoxel.AI, Inc.(pty:dft) (jmo).
December 28, 2022	Filing 4 WAIVER OF SERVICE Returned Executed by Linh Le, LifeVoxel.AI, Inc., Kovey Kovalan, as to Linh Le, LifeVoxel.AI, Inc., Kovey Kovalan. (Ross-Tait, Courtney) (jmo).
December 15, 2022	Filing 3 ORDER OF TRANSFER PURSUANT TO LOW NUMBER RULE. Case reassigned to Judge Gonzalo P. Curiel and Magistrate Judge Jill L. Burkhardt for all further proceedings. Judge Cathy Ann Bencivengo, Magistrate Judge Andrew G. Schopler no longer assigned to case. Create association to 3:22-cv-00566-GPC-JLB. The new case number is 22-cv-01917-GPC-JLB.. Signed by Judge Cathy Ann Bencivengo on 12/15/2022. Signed by Judge Gonzalo P. Curiel on 12/14/2022.(anh)
December 5, 2022	Filing 2 Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (ggv)(jrd)
December 2, 2022	Filing 1 COMPLAINT With Jury Demand Against LifeVoxel.AI, Inc., Kovey Kovalan, Linh Le (Filing fee $402.00 receipt number ACASDC-17393746.), filed by LifeVoxel Virginia SPV, LLC, Scott Marschall, Debbie Gallo, Kevin Sinagra, Scott Poole. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Complaint Exhibits A - G)The new case number is 3:22-cv-1917-CAB-AGS. Judge Cathy Ann Bencivengo and Magistrate Judge Andrew G. Schopler are assigned to the case. (Brown, Ethan)(ggv)(jrd)

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Plaintiff: LifeVoxel Virginia SPV, LLC
Represented By:	Amjad Mahmood Khan
Represented By:	Ethan Joseph Brown
Represented By:	Jennifer L. Gordon
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Plaintiff: Scott Marschall
Represented By:	Amjad Mahmood Khan
Represented By:	Ethan Joseph Brown
Represented By:	Jennifer L. Gordon
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Plaintiff: Debbie Gallo
Represented By:	Amjad Mahmood Khan
Represented By:	Ethan Joseph Brown
Represented By:	Jennifer L. Gordon
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Plaintiff: Kevin Sinagra
Represented By:	Amjad Mahmood Khan
Represented By:	Ethan Joseph Brown
Represented By:	Jennifer L. Gordon
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Plaintiff: Scott Poole
Represented By:	Amjad Mahmood Khan
Represented By:	Ethan Joseph Brown
Represented By:	Jennifer L. Gordon
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Plaintiff: Peter Bershatsky
Represented By:	Amjad Mahmood Khan
Represented By:	Ethan Joseph Brown
Represented By:	Jennifer L. Gordon
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Defendant: LifeVoxel.AI, Inc.
Represented By:	Courtney Rae Ross-Tait
Represented By:	Sara Elizabeth Thompson
Represented By:	Philip Carmine Semprevivo
Represented By:	Joseph Patrick Sargent
Represented By:	Benjamin Leslie Caplan
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Defendant: Kovey Kovalan
Represented By:	Courtney Rae Ross-Tait
Represented By:	Sara Elizabeth Thompson
Represented By:	Philip Carmine Semprevivo
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Defendant: Linh Le
Represented By:	Courtney Rae Ross-Tait
Represented By:	Sara Elizabeth Thompson
Represented By:	Philip Carmine Semprevivo
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