Edelson PC v. Girardi et al
| Edelson PC |
| Abir Cohen Treyzon Salo, LLP, John Doe 1-10, Johnston Hutchinson & Lira LLP, Robert Finnerty, EJ Global LLC, Girardi Financial, Inc., Keith Griffin, Stillwell Madison, LLC, David Lira, Erika Girardi, Thomas Girardi, California Attorney Lending II, Inc. and Girardi Keese |
| 1:2020cv07115 |
| December 2, 2020 |
| US District Court for the Northern District of Illinois |
| Matthew F Kennelly |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Both |
Docket Report
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This docket was last retrieved on August 9, 2022. A more recent docket listing may be available from PACER.
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Filing 139
MINUTE entry before the Honorable Matthew F. Kennelly: Motions by Griffin #123 , Lira #132 , and Edelson PC #137 to file materials under seal are granted. Complete versions, including all exhibits, are to be filed under seal, and redacted versions are to be filed in the public record. Response to plaintiff's motion for leave to file amended complaint #136 is to be filed by 4/11/2022. Telephonic hearing on motion is set for 4/14/2022 at 9:05 AM, using call-in number 888-684-8852, access code 746-1053. The Court reserves the right to vacate the hearing if it determines a hearing is not needed. (mk)
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Filing 138
CERTIFICATE of Service by Alexander Glenn Tievsky on behalf of Edelson PC regarding SEALED MOTION by Plaintiff Edelson PC for leave to file First Amended Complaint #135 (Tievsky, Alexander)
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Filing 137
MOTION by Plaintiff Edelson PC to seal document SEALED MOTION by Plaintiff Edelson PC for leave to file First Amended Complaint #135 (Tievsky, Alexander)
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Filing 136
MOTION by Plaintiff Edelson PC for leave to file First Amended Complaint (Attachments: #1 Exhibit Proposed Amended Complaint)(Tievsky, Alexander)
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Filing 135
SEALED MOTION by Plaintiff Edelson PC for leave to file First Amended Complaint (Attachments: #1 Exhibit Proposed Amended Complaint)(Tievsky, Alexander)
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Filing 134
MINUTE entry before the Honorable Matthew F. Kennelly: The Court has reviewed the parties' joint status report. Plaintiff's response to defendants' motions for summary judgment is to be filed by 4/22/2022; defendants' replies are to be filed by 5/6/2022. Regarding the discovery schedule, the Court is extending the current deadlines by 60 days. This is without prejudice to a request for a further extension if the Court allows filing of an amended complaint following receipt of the anticipated motion to amend on which the filing deadline remains 4/4/2022. The new discovery deadlines are as follows. Fact discovery is to be completed by 5/27/2022. Rule 26(a)(2) disclosures by the part with the burden of proof on an issue are to be served by 6/21/2022. Rebuttal Rule 26(a)(2) disclosures are to be served by 7/26/2022. The deadline for completing expert depositions is 9/9/2022. The deadline for filing dispositive motions is 9/23/2022. (mk)
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Filing 133
STATUS Report Joint by Edelson PC (Wade Scott, J.)
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Filing 132
MOTION by Defendant David Lira to seal document exhibit #131 (Robie, Leigh)
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Filing 131
SEALED EXHIBIT by Defendant David Lira Exhibit 3 regarding MOTION by Defendant David Lira for summary judgment or Partial Summary Judgment #130 (Robie, Leigh)
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Filing 130
MOTION by Defendant David Lira for summary judgment or Partial Summary Judgment (Attachments: #1 Memorandum of Law, #2 Declaration of David R. Lira, #3 Exhibit 1, #4 Exhibit 2, #5 Declaration of Leigh Robie, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Statement of Material Facts)(Robie, Leigh)
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Filing 129
MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic motion hearing held on 3/21/2022. Plaintiff's motion to compel defendant Griffin #114 #116 and motion to compel defendant Lira #113 are granted in part and denied in part as stated on the record. Defendant's motion for protective order #119 is denied. Defendant Lira's motion to compel #118 is denied. Any documents obtained by any party pursuant to subpoena are to be promptly turned over to all other parties. By no later than 3/28/2022, the parties are directed to file a joint status report regarding an appropriate briefing schedule on the defendants' summary judgment motions and a revised discovery schedule. Plaintiff's motion for extension of time #111 is granted. Deadline for motions to amend the pleadings and adding parties is extended to 4/4/2022. A telephonic status hearing is set for 5/5/2022 at 8:40 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. Mailed notice. (mma, )
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Filing 128
RESPONSE by David Lirain Opposition to MOTION by Plaintiff Edelson PC to compel Defendant Lira #113 to Produce Additional Documents and to Provide Additional Information Regarding His Privilege Log (Attachments: #1 Declaration of Leigh Robie, #2 Exhibit 1)(Robie, Leigh)
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Filing 127
RESPONSE by Edelson PC to MOTION by Defendant David Lira for protective order MOTION by Defendant David Lira to quash Subpoenas #119 (Attachments: #1 Exhibit A)(Wade Scott, J.)
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Filing 126
RESPONSE by Edelson PC to MOTION by Defendant David Lira to compel Further Responses to Requests for Admissions and Requests for Production of Documents from Plaintiff Edelson PC #118 (Wade Scott, J.)
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Filing 125
MEMORANDUM by Keith Griffin in Opposition to motion to compel, #114 (Attachments: #1 Declaration of Keith Griffin)(Saba, Ryan)
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Filing 124
MINUTE entry before the Honorable Matthew F. Kennelly: Motion to file exhibits to motion to compel under seal #115 is granted. Plaintiff is directed to file a complete version of the motion, including all exhibits, under seal unless plaintiff has already done so. Responses to discovery-related motions #119 #118 #116 #114 #113 are to be filed by 3/18/2022. Telephonic hearing on those motions is set for 3/21/2022 at 9:45 AM, using call-in number 888-684-8852, access code 746-1053. Telephonic status hearing set for 9:15 AM on 3/21/2022 is moved to 9:45 AM on that date. (mk)
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Filing 123
MOTION by Defendant Keith Griffin to seal document exhibit #122 (Saba, Ryan)
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Filing 122
SEALED EXHIBIT by Defendant Keith Griffin Exhibit 3 regarding MOTION by Defendant Keith Griffin for summary judgment or partial summary judgment #121 (Saba, Ryan)
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Filing 121
MOTION by Defendant Keith Griffin for summary judgment or partial summary judgment (Attachments: #1 Memorandum of Law, #2 Declaration of Keith Griffin, #3 Exhibit 1, #4 Exhibit 2, #5 Declaration of Ryan Saba, #6 Exhibit 3 - Under Seal, #7 Exhibit 4, #8 Statement of Material Fact)(Saba, Ryan)
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Filing 120
Request for Judicial Notice by David Lira In Support of Motion to Quash Subpoenas and Motion for Protective Order (Attachments: #1 Exhibit 13, #2 Exhibit 14)(Robie, Leigh)
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Filing 119
MOTION by Defendant David Lira for protective order , MOTION by Defendant David Lira to quash Subpoenas (Attachments: #1 Affidavit of Leigh Robie, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12)(Robie, Leigh)
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Filing 118
MOTION by Defendant David Lira to compel Further Responses to Requests for Admissions and Requests for Production of Documents from Plaintiff Edelson PC (Attachments: #1 Affidavit of Leigh Robie, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8)(Robie, Leigh)
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Filing 117
CERTIFICATE of Service by J. Eli Wade Scott on behalf of Edelson PC regarding SEALED MOTION by Plaintiff Edelson PC to Compel Defendant Griffin #116 (Wade Scott, J.)
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Filing 116
SEALED MOTION by Plaintiff Edelson PC to Compel Defendant Griffin (Attachments: #1 Declaration Declaration of J. Eli Wade-Scott, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M)(Wade Scott, J.)
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Filing 115
MOTION by Plaintiff Edelson PC to seal Exhibits to Motion to Compel Defendant Griffin (Wade Scott, J.)
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Filing 114
MOTION by Plaintiff Edelson PC to compel Defendant Griffin (Attachments: #1 Declaration Declaration of J. Eli Wade-Scott, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J (filed under seal), #12 Exhibit K, #13 Exhibit L, #14 Exhibit M (filed under seal))(Wade Scott, J.)
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Filing 113
MOTION by Plaintiff Edelson PC to compel Defendant Lira (Attachments: #1 Declaration Declaration of J. Eli Wade-Scott, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J)(Wade Scott, J.)
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Filing 112
MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 2/28/2022. Deadline for any motions to compel relating to written discovery is 3/14/2022. A telephonic status hearing is set for 3/21/2022 at 9:15 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. Mailed notice. (mma, )
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Filing 111
MOTION by Plaintiff Edelson PC for extension of time to amend (Wade Scott, J.)
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Filing 110
STATUS Report JOINT by Edelson PC (Wade Scott, J.)
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Filing 109
MINUTE entry before the Honorable Matthew F. Kennelly: Pursuant to stipulation, plaintiff's claims against defendants EJ Global LLC and Erika Girardi are dismissed without prejudice and without costs. (mk)
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Filing 108
STIPULATION of Dismissal without prejudice of claims against Defendants Erika Girardi and EJ Global LLC (Wade Scott, J.)
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Filing 107
MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic motion hearing held on 1/26/2022. Plaintiff's motion for leave to serve Erika Girardi #103 is terminated without prejudice for the reasons stated on the record. Mailed notice. (mma, )
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Filing 106
CONFIDENTIALITY ORDER signed by the Honorable Matthew F. Kennelly on 1/21/2022: Agreed motion for entry of confidentiality order is granted #105 . (mk)
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Filing 105
MOTION by Plaintiff Edelson PC for Entry of Agreed Confidentiality Order (Wade Scott, J.)
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Filing 104
MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for leave to serve Erika Girardi with summons #103 , which amounts to a motion to extend the time for service on Ms. Girardi, is set for a telephonic hearing on 1/26/2022 at 9:00 AM, using call-in number 888-684-8852, access code 746-1053. Plaintiff is directed to promptly transmit a copy of this order to the attorney(s), if any, who plaintiff understands to be representing Ms. Girardi in this matter or the bankruptcy matter referenced in the motion. (mk)
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Filing 103
MOTION by Plaintiff Edelson PC for Leave to Serve Erika Girardi (Attachments: #1 Exhibit 1, #2 Declaration of Alexander Tievsky)(Tievsky, Alexander)
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Filing 102
MINUTE entry before the Honorable Matthew F. Kennelly: Based on the parties' joint status report, the telephonic status hearing set for 1/6/2022 is vacated and reset to 2/28/2022 at 9:20 AM, using call-in number 888-684-8852, access code 746-1053. A detailed status report regarding discovery (including details on what remains to be done) is to be filed on 2/22/2022. (mk)
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Filing 101
STATUS Report Joint by Edelson PC (Wade Scott, J.)
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Filing 100
ATTORNEY Appearance for Plaintiff Edelson PC by Angela Nicole Reilly (Reilly, Angela)
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Filing 99
NOTICE by Ryan Donald Saba of Change of Address (Saba, Ryan)
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Filing 98
MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 11/3/2021 and continued to 1/6/2022 at 8:45 a.m. The following call-in number will be used for the hearing: 888-684-8852 conference code 746-1053. By no later than 12/30/2021, the parties are directed to file a detailed joint status report regarding discovery. Mailed notice. (mma, )
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Filing 97
MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 8/31/2021. Defendant Griffin's motion for judgment on the pleadings #95 is denied without prejudice, pursuant to the filing of a proper motion for summary judgment. Deadline for amending the pleadings and adding parties is 2/25/2022. The deadline for completing fact discovery is 3/28/2022. The deadline for Rule 26(a)(1) disclosures is 4/22/2022. Deadline for rebuttal Rule 26(a)(2) disclosures is 5/27/2022. The expert discovery deadline is 7/11/2022. The dispositive motion deadline is 7/25/2022. A telephonic status hearing is set for 11/3/2021 at 8:45 a.m. The following call-in number will be used for the hearing: 888-684-8852 conference code 746-1053. Mailed notice. (mma, )
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Filing 96
ATTORNEY Appearance for Plaintiff Edelson PC by J. Eli Wade Scott (Wade Scott, J.)
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Filing 95
MOTION by Defendant Keith Griffin for judgment on the pleadings (Attachments: #1 Affidavit of Ryan Saba, #2 Exhibit 1, #3 Exhibit 2)(Saba, Ryan)
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Filing 94
STATUS Report (joint) by Edelson PC (Tievsky, Alexander)
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Filing 93
ANSWER to Complaint with Jury Demand by David Lira(Matthai, Edith)
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Filing 92
ANSWER to Complaint with Jury Demand by Keith Griffin(Saba, Ryan)
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Filing 91
MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 7/19/2021: For the reasons stated in the accompanying Memorandum Opinion and Order, the Court denies Griffin's motion to dismiss [dkt. no. 41] and grants Lira's motion to dismiss [dkt. no. 43] in part, staying litigation on Count 1 (Unjust Enrichment - Constructive Trust) under 11 U.S.C. 362(a)(3) unless and until the conclusion of the Girardi and Girardi Keese bankruptcy proceedings or until the bankruptcy court orders otherwise. Both defendants are directed to answer all remaining claims by no later than August 9, 2021. Rule 26(a)(1) disclosures, unless already made, are to be made by August 16, 2021. The parties are directed to confer and attempt to agree upon a discovery and pretrial schedule and are to file by August 23, 2021 a joint status report setting out an agreed schedule or alternative proposed schedules. The case is set for a telephone status hearing on August 31, 2021 at 8:45 a.m., using call-in number 888-684-8852, access code 746-1053, though the Court reserves the right to vacate the status hearing if it determines a hearing is not needed. Counsel should wait for the case to be called before announcing themselves. (mk)
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Filing 90
RESPONSE by David Lirain Opposition to MOTION by Plaintiff Edelson PC for leave to file supplemental authority #86 (Matthai, Edith)
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Filing 89
REPLY by David Lira to MOTION by Defendant David Lira to dismiss for lack of standing, lack of venue and failure to state a claim #43 Amended Reply ISO Motion to Dismiss (Matthai, Edith)
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Filing 88
MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic motion hearing held on 5/21/2021. The plaintiff's motion to file a surreply #82 is denied due to the issue on which a surreply was requested has been forfeited. The reply and supporting materials filed by Mr. Lira are withdrawn. The defendant has leave to file a revised reply by 5/28/2021. Plaintiff's motion to strike #83 is terminated as moot for the reasons stated on the record. Mailed notice. (mma, )
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Filing 87
RESPONSE by David Lirain Opposition to MOTION by Plaintiff Edelson PC to strike reply #81 declaration of David Lira and portions of brief in reply that rely on that declaration #83 (Matthai, Edith)
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Filing 86
MOTION by Plaintiff Edelson PC for leave to file supplemental authority (Attachments: #1 Exhibit A, #2 Exhibit B)(Tievsky, Alexander)
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Filing 85
RESPONSE by Keith Griffinin Opposition to MOTION by Plaintiff Edelson PC for leave to file sur-reply to Defendant Keith Griffin's reply in support of his motion to dismiss #80 #82 (Saba, Ryan)
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Filing 84
MINUTE entry before the Honorable Matthew F. Kennelly: Motions to strike #83 and for leave to file surreply #82 are set for hearing on 5/21/2021 at 9:20 AM, using call-in number 888-684-8852, access code 746-1053. Counsel should wait for the case to be called before announcing themselves. Any written response to the motion is to be filed by 5/19/2021. (mk)
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Filing 83
MOTION by Plaintiff Edelson PC to strike reply #81 declaration of David Lira and portions of brief in reply that rely on that declaration (Tievsky, Alexander)
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Filing 82
MOTION by Plaintiff Edelson PC for leave to file sur-reply to Defendant Keith Griffin's reply in support of his motion to dismiss #80 (Tievsky, Alexander)
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Filing 81
REPLY by Defendant David Lira to motion to dismiss #43 (Attachments: #1 Declaration David Lira Declaration in Support of Reply)(Matthai, Edith)
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Filing 80
REPLY by Defendant Keith Griffin to response in opposition to motion, #77 (Saba, Ryan)
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Filing 79
CERTIFICATE of Service by Alexander Glenn Tievsky on behalf of Edelson PC regarding sealed response, #78 (Tievsky, Alexander)
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Filing 78
SEALED RESPONSE by Edelson PC to MOTION by Defendant Keith Griffin to dismiss for lack of jurisdiction #41 , MOTION by Defendant David Lira to dismiss for lack of standing, lack of venue and failure to state a claim #43 (documents sealed pursuant to dkt. 58) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Tievsky, Alexander)
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Filing 77
RESPONSE by Edelson PCin Opposition to MOTION by Defendant Keith Griffin to dismiss for lack of jurisdiction #41 , MOTION by Defendant David Lira to dismiss for lack of standing, lack of venue and failure to state a claim #43 (Attachments: #1 Exhibit 1 (filed under seal), #2 Exhibit 2 (redacted version), #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Tievsky, Alexander)
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Filing 76
MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiffs' motion for leave to file a 25-page consolidated brief #75 is granted. (mk)
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Filing 75
MOTION by Plaintiff Edelson PC for leave to file excess pages in opposition to David Lira's and Keith Griffin's motions to dismiss (Tievsky, Alexander)
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Filing 74
NOTICE by Rafey S. Balabanian of Change of Address (Balabanian, Rafey)
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Filing 73
MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion to take depositions #49 #57 , which the Court previously denied as to defendant Keith Griffin, is now denied as to defendant David Lira as well. Lira has filed an affidavit in support of his motion to dismiss, see dkt. no. 44-1, but it addresses only one or two apparently undisputed matters, namely Lira's state of rresidence and his status as a salaried W-2 employee of Girardi Keese. Lira's motion to dismiss turns on other, legal issues, including whether plaintiff has standing; the legal sufficiency of the complaint's allegations to state a claim against Lira; the effect of the pending bankruptcy of Girardi Keese; Lira's entitlement to indemnification; and the appropriateness of venue. In addressing these points--in particular the fourth--the Court is called upon, at this point, to evaluate legal matters, including the nature and effect of plaintiff's allegations regarding Lira, the applicability of a California statute given those allegations, and the effect on the present case of Lira's claimed right to indemnification from Girardi Keese, a debtor in bankruptcy. Taking Lira's deposition is not called for given the issues before the Court. The briefing schedule on Lira's motion to dismiss will be the same as on defendant Griffin's motion to dismiss: plaintiff's response is to be filed by 4/27/2021, and defendant's reply is to be filed by 5/11/2021. The telephonic status hearing set for 4/27/2021 is vacated. (mk)
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Filing 72
MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status and ruling on a motion hearing held on 4/6/2021. The motion to take the deposition #49 #57 are denied as to defendant Griffin. The motions are taken under advisement as to defendant Lira. Response to Griffin's motion to dismiss #41 #42 is due 4/27/2021; reply is due 5/11/2021. A telephonic status hearing is set for 4/27/2021 at 9:15 a.m. The following call-in number will be used for the hearing: 888-684-8852 conference code 746-1053. Mailed notice. (mma, )
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Filing 71
MINUTE entry before the Honorable Matthew F. Kennelly: Defendant Griffin's motion for leave to file #70 is granted. (mk)
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Filing 70
MOTION by Defendant Keith Griffin for leave to file a response to Plaintiff's Supplemental Authority (Saba, Ryan)
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Filing 69
MINUTE entry before the Honorable Matthew F. Kennelly: Motion for leave to file supplemental authority #67 is granted. (mk)
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Filing 68
MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, the telephonic status and motion hearing set for 3/31/2021 is vacacted and reset to 4/6/2021 at 9:40 AM. The following call-in number will be used for the hearing: 888-684-8852 conference code 746-1053. Counsel should wait for the case to be called before announcing themselves. (mk)
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Filing 67
MOTION by Plaintiff Edelson PC for leave to file supplemental authority (Attachments: #1 Ford Motor Co. v. Montana Eighth Judicial District Court)(Tievsky, Alexander)
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Filing 66
REPLY by Plaintiff Edelson PC to motion to take deposition #49 (Tievsky, Alexander)
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Filing 65
RESPONSE by David Lirain Opposition to MOTION by Plaintiff Edelson PC to take deposition of Keith Griffin and David Lira #49 (Sheean, Christopher)
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Filing 64
MEMORANDUM by Keith Griffin in Opposition to motion to take deposition #49 (Saba, Ryan)
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Filing 63
MINUTE entry before the Honorable Matthew F. Kennelly: Motions by Caroline Vickrey and Joseph Marconi o withdraw as attorneys for defendant Johnston Hutchinson & Lira LLP #61 #62 are granted because the defendant has been dismissed as a party. (mk)
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Filing 62
MOTION by Attorney Joseph R. Marconi to withdraw as attorney for Johnston Hutchinson & Lira LLP. New address information: Johnston Hutchinson & Lira, LLP, 350 S. Grand Ave., Suite 2220, Los Angeles, CA 90071 (Attachments: #1 Notification of Party Contact Information)(Marconi, Joseph)
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Filing 61
MOTION by Attorney Caroline K. Vickrey to withdraw as attorney for Johnston Hutchinson & Lira LLP. New address information: Johnston Hutchinson & Lira, LLP, 350 S. Grand Ave., Suite 2220, Los Angeles, CA 90071 (Attachments: #1 Notification of Party Contact Information)(Vickrey, Caroline)
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Filing 60
MINUTE entry before the Honorable Matthew F. Kennelly: The briefing schedule on defendants' motions to dismiss is vacated and will be reset once the Court rules on the pending dispute regarding jurisdictional discovery. (mk)
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Filing 59
MOTION by Plaintiff Edelson PC to vacate briefing schedule on Defendants' motions to dismiss (Tievsky, Alexander)
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Filing 58
MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 3/5/2021. Plaintiff has leave to file their motion to take deposition of Keith Griffin and David Lira #49 , in its entirety, under seal. Defendants' response is due 3/15/2021; plaintiff's reply is due 3/22/2021. A telephonic status and ruling on the motion hearings are set for 3/31/2021 at 9:20 a.m. The following call-in number will be used for the hearing: 888-684-8852 conference code 746-1053. Mailed notice. (mma, )
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Filing 57
SEALED MOTION by Plaintiff Edelson PC (refiled as single docket entry at request of Court) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Tievsky, Alexander)
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Filing 56
ATTORNEY Appearance for Plaintiff Edelson PC by Rafey S. Balabanian (Balabanian, Rafey)
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Filing 55
MINUTE entry before the Honorable Matthew F. Kennelly: Motion to file documents under seal #54 is granted. (mk)
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Filing 54
MOTION by Plaintiff Edelson PC to seal document sealed document #50 , sealed document #51 , sealed document #52 (Tievsky, Alexander)
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Filing 53
CERTIFICATE of Service by Alexander Glenn Tievsky on behalf of Edelson PC regarding sealed document #50 , sealed document #51 , sealed document #52 (Tievsky, Alexander)
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Filing 52
SEALED DOCUMENT by Plaintiff Edelson PC Lion AIr settlement accounting filed provisionally under seal (Tievsky, Alexander)
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Filing 51
SEALED DOCUMENT by Plaintiff Edelson PC Declaration of Keith Griffin filed provisionally under seal (Tievsky, Alexander)
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Filing 50
SEALED DOCUMENT by Plaintiff Edelson PC Declaration of David Lira filed provisionally under seal (Tievsky, Alexander)
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Filing 49
MOTION by Plaintiff Edelson PC to take deposition of Keith Griffin and David Lira (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Tievsky, Alexander)
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Filing 48
MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 2/22/2021. The case is stayed as to defendants Girardi and Girardi Keese due to their filing of petitions for bankruptcy. The plaintiff's response regarding both motions to dismiss is to be filed by 3/22/2021. Defendants' replies are due 4/5/2021. The parties are directed to immediately confer regarding jurisdictional and venue discovery. Any motions relating to any dispute over jurisdictional discovery are to be filed by 3/4/2021. A telephonic status hearing is set for 3/5/2021 at 9:00 a.m. The following call in number will be used for the hearing: 888-684-8852, access code 746-1053. Mailed notice. (mma, )
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Filing 47
DEFENDANT DAVID LIRA'S NOTICE OF ERRATA RE: DECLARATION OF DAVID LIRA IN SUPPORT OF MOTION TO DISMISS PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 12(b)(1), 12(b)(2), AND 12(b)(6) by David Lira (Robie, Leigh)
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Filing 46
STATUS Report (joint) by Edelson PC (Tievsky, Alexander)
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Filing 45
NOTICE by John Andrew O'Donnell of Change of Address (O'Donnell, John)
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Filing 44
MEMORANDUM by David Lira in support of motion to dismiss #43 (Attachments: #1 Declaration David Lira, #2 Exhibit Request for Judicial Notice)(Sheean, Christopher)
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Filing 43
MOTION by Defendant David Lira to dismiss for lack of standing, lack of venue and failure to state a claim (Sheean, Christopher)
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Filing 42
MOTION by Defendant Keith Griffin to dismiss for lack of jurisdiction Memorandum in Support of Motion (Attachments: #1 Affidavit of Ryan Saba, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Affidavit of Keith Griffin)(Saba, Ryan)
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Filing 41
MOTION by Defendant Keith Griffin to dismiss for lack of jurisdiction (Saba, Ryan)
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Filing 40
MINUTE entry before the Honorable Matthew F. Kennelly: Motion for entry of default #38 is granted; defendants EJ Global, LLC and Girardi Financial, Inc. are held in default for failure to respond to the complaint following service of summons. (mk)
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Filing 39
MINUTE entry before the Honorable Matthew F. Kennelly: By no later than 2/16/2021, the parties (or, if no defendant has yet appeared, the plaintiff(s)) are to file a joint status report that includes the following information: (1) the status of service of process upon each defendant; (2) a description of each party's claims and defenses; (3) details regarding any discussions concerning settlement, whether before or after the filing of the lawsuit; (4) a proposed discovery and pretrial schedule; and (5) any other matters that any party wishes to bring to the Court's attention. The case is set for a case management conference under Federal Rule of Civil Procedure 16 (a "status hearing," in local parlance) on 2/22/2021 at 9:20 a.m. The case management conference will be conducted by telephone, using the following call-in number: 888-684-8852, access code 746-1053. Plaintiff's counsel is directed to provide a copy of this order to any defendant that has not yet appeared by counsel via regular mail at the address at which the defendant has been or is to be served with process. (mk)
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Filing 38
MOTION by Plaintiff Edelson PC for entry of default as to EJ Global, LLC and Girardi Financial, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(Tievsky, Alexander)
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Filing 37
SUGGESTION of Bankruptcy as to Thomas Girardi and Girardi Keese (Tievsky, Alexander)
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Filing 36
SUMMONS Returned Executed by Edelson PC as to Girardi Financial, Inc. on 12/22/2020, answer due 1/12/2021. (Tievsky, Alexander)
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Filing 35
SUMMONS Returned Executed by Edelson PC as to EJ Global LLC on 12/22/2020, answer due 1/12/2021. (Tievsky, Alexander)
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Filing 34
MINUTE entry before the Honorable Matthew F. Kennelly: Pursuant to stipulation, plaintiff's claims against defendant Johnston Hutchinson & Lira LLP are dismissed without prejudice. Motions by defendants Griffin and Lira for extension of time #32 #33 are granted; due date for responses to complaint is extended to 2/12/2021. (mk)
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Filing 33
MOTION by Defendant David Lira for extension of time to file answer regarding complaint #1 (Matthai, Edith)
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Filing 32
MOTION by Defendant Keith Griffin for extension of time to answer or otherwise plead (Saba, Ryan)
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Filing 31
STIPULATION of Dismissal Stipulation to Dismiss Defendant Johnston, Hutchinson & Lira, LLP, Without Prejudice (Vickrey, Caroline)
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Filing 30
MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's claims against defendants Abir Cohen Treyzon Salo, LLP and Robert Finnerty are dismissed with prejudice pursuant to stipulation. Plaintiff's claims against defendant California Attorney Lending II, Inc. are dismissed without prejudice pursuant to stipulation. (mk)
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Filing 29
STIPULATION of Dismissal without prejudice of claims against California Attorney Lending II, Inc. (Tievsky, Alexander)
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Filing 28
STIPULATION of Dismissal with prejudice of claims against Defendants Abir Cohen Treyzon Salo, LLP and Robert Finnerty (Tievsky, Alexander)
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Filing 27
MINUTE entry before the Honorable Matthew F. Kennelly: Motion of Ryan D. Saba to appear pro hac vice #24 is granted. (mk)
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Filing 26
ATTORNEY Appearance for Defendant Keith Griffin by Ryan Donald Saba Corrected (Saba, Ryan)
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Filing 25
ATTORNEY Appearance for Defendant Keith Griffin by Ryan Donald Saba (Saba, Ryan)
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Filing 24
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17800941. for Keith Griffin (Saba, Ryan)
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Filing 23
MINUTE entry before the Honorable Matthew F. Kennelly: Defendant Griffin's unopposed motion for extension of time #22 is granted; response to complaint is to be filed by 1/29/2021. (mk)
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Filing 22
MOTION by Defendant Keith Griffin for extension of time to file answer regarding complaint #1 or otherwise plead (O'Donnell, John)
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Filing 21
ATTORNEY Appearance for Defendant Johnston Hutchinson & Lira LLP by Joseph R. Marconi (Marconi, Joseph)
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Filing 20
MINUTE entry before the Honorable Matthew F. Kennelly: Defendant Johnston Hutchinson & Lira's unopposed motion for extension of time #19 is granted; response to complaint is to be filed by 1/28/2021. (mk)
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Filing 19
MOTION by Defendant Johnston Hutchinson & Lira LLP for extension of time to file answer regarding complaint #1 (or Otherwise Plead) (Vickrey, Caroline)
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Filing 18
ATTORNEY Appearance for Defendant Johnston Hutchinson & Lira LLP by Caroline Kneafsey Vickrey (Vickrey, Caroline)
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Filing 17
ATTORNEY Appearance for Defendant Keith Griffin by John Andrew O'Donnell (O'Donnell, John)
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Filing 16
MINUTE entry before the Honorable Matthew F. Kennelly: Motion of Leigh Robie to appear pro hac vice #15 is granted. (mk)
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Filing 15
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17788756. (Robie, Leigh)
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Filing 14
MINUTE entry before the Honorable Matthew F. Kennelly: Motion for entry of stipulated dismissal #13 is granted. Plaintiff's claims against defendant Stillwell Madison, LLC are dismissed with prejudice and without costs. Motion to sever and dismiss #5 is moot. (mk)
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Filing 13
STIPULATION of Dismissal with prejudice of claims against Stillwell Madison, LLC (Tievsky, Alexander)
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Filing 12
MINUTE entry before the Honorable Matthew F. Kennelly: Unopposed motion of David Lira for extension of time #11 is granted; response to complaint is to be filed by 1/28/2021. (mk)
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Filing 11
MOTION by Defendant David Lira for extension of time to file answer Unopposed (Sheean, Christopher)
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Filing 10
MINUTE entry before the Honorable Matthew F. Kennelly: Motion of Edith Matthai to appear pro hac vice #8 is granted. (mk)
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Filing 9
ATTORNEY Appearance for Defendant David Lira by Edith Rae Matthai (Matthai, Edith)
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Filing 8
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17758789. (Matthai, Edith)
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Filing 7
ATTORNEY Appearance for Defendant David Lira by Christopher T. Sheean (Sheean, Christopher)
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SUMMONS Issued as to Defendants Abir Cohen Treyzon Salo, LLP, California Attorney Lending II, Inc., EJ Global LLC, Robert Finnerty, Erika Girardi, Thomas Girardi, Girardi Financial, Inc., Girardi Keese, Keith Griffin, Johnston Hutchinson & Lira LLP, David Lira. (ng, )
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Filing 6
MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff wishes to dismiss its with prejudice its claims against one but not all of the defendants in this case. It proposes to sever the claims against that defendant--in other words, make those claims into a separate case--and then dismiss it. The Court questions the appropriateness of a severance under the applicable rules and wonders why plaintiff wishes to proceed in what seems to be the hard way rather than the much easier and common mechanism--a stipulation between plaintiff and the particular defendant for dismissal of the claims against that defendant, something that is done basically every day of the week in this courthouse and elsewhere. The Seventh Circuit case cited by plaintiff concerns only voluntary dismissal by the plaintiff alone and has no bearing on stipulated dismissals of particular claims or defendants. Plaintiff is directed to file a revised motion or a supplement explaining why the Court's suggested mechanism cannot be used. (mk)
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Filing 5
MOTION by Plaintiff Edelson PC to sever claims against Stillwell Madison, LLC, MOTION by Plaintiff Edelson PC to dismiss severed action against Stillwell Madison, LLC with prejudice (Tievsky, Alexander)
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Filing 4
ATTORNEY Appearance for Plaintiff Edelson PC by Alexander Glenn Tievsky (Tievsky, Alexander)
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Filing 3
ATTORNEY Appearance for Plaintiff Edelson PC by Jay Edelson (Edelson, Jay)
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Filing 2
CIVIL Cover Sheet (Edelson, Jay)
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Filing 1
COMPLAINT filed by Edelson PC; Jury Demand. Filing fee $ 402, receipt number 0752-17698245.(Edelson, Jay)
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CASE ASSIGNED to the Honorable Matthew F. Kennelly. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (dxb, )
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