Fleury v. General Motors LLC
| Michael Fleury |
| General Motors LLC and American Chevrolet, Inc., d/b/a Advantage Chevrolet and Advantage Chevrolet of Hodgkins |
| 1:2022cv03862 |
| July 26, 2022 |
| US District Court for the Northern District of Illinois |
| Virginia M Kendall |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Contract Dispute |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 2, 2023. A more recent docket listing may be available from PACER.
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Filing 56
MEMORANDUM Opinion and Order signed by the Honorable Virginia M. Kendall on 2/1/2023. GM's motion to dismiss #40 is granted. GM's Motion to Dismiss #40 is granted. Counts I - III are dismissed without prejudice.Mailed notice(lk, )
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Filing 55
MINUTE entry before the Honorable Virginia M. Kendall. Status hearing held on 1/31/2023. The Court orally addressed the Motion to Dismiss #40 on the record in open Court indicating a written Opinion is forthcoming. Amended Complaint, if able, shall be filed by 2/22/2023. Status hearing set for 4/4/2023 at 9:00 AM. Virtual hearings will be held on Fridays at 9:30 AM. Virtual hearing requests must be pre-approved by the Court. If you need to appear virtually, send the attached form to Judge Kendall's courtroom deputy. The courtroom deputy will inform you as to whether your request has been approved. Mailed notice (Attachments: #1 Virtual Hearing Request Form) (lk, )
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Filing 54
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by General Motors LLC (Turner, Jeffrey)
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Filing 53
ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice. (tg, )
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Filing 52
MINUTE entry before the Honorable Virginia M. Kendall. Initial Status hearing held on 12/19/2022. Status hearing set for 1/31/2023 at 9:15 AM stands and will proceed in Courtroom 2503. All hearings are proceeding in person. Virtual hearings will be held on Fridays at 9:30 AM but must be pre-approved by the Court. If you need to appear virtually, send the attached form to Judge Kendall's courtroom deputy. The courtroom deputy will inform you as to whether your request has been approved. Mailed notice (Attachments: #1 Virtual Hearing Request Form) (lk, )
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Filing 51
MINUTE entry before the Honorable Virginia M. Kendall. Pursuant to Notice of Voluntary Dismissal #34 , Defendant American Chevrolet, Inc., d/b/a Advantage Chevrolet and Advantage Chevrolet of Hodgkins is dismissed without prejudice and without costs. Mailed notice (lk, )
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Filing 50
REPLY by General Motors LLC to response to motion #47 Reply In Support of General Motors LLC's Motion to Dismiss Plaintiff's Amended Complaint (Turner, Jeffrey)
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Filing 49
MINUTE entry before the Honorable Virginia M. Kendall. Due to clerical error, Status hearing set for 12/7/2022 is stricken and reset for 12/19/2022 at 9:15 AM. Beginning 12/05/2022, all hearings will be in person. Virtual hearings will be held on Fridays starting 12/9/2022 at 9:30 AM but must be pre-approved by the Court. If you need to appear virtually, send the attached form to Judge Kendall's courtroom deputy. The courtroom deputy will inform you as to whether your request has been approved. Mailed notice (Attachments: #1 Virtual Hearing Request Form) (lk, )
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Filing 48
MINUTE entry before the Honorable Virginia M. Kendall. Initial Status hearing set for 12/7/2022 is reset for 9:00 AM (PLEASE NOTE TIME CHANGE) due to Jury Trial proceeding. Hearing will proceed in Courtroom 2503. Mailed notice (lk, )
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Filing 47
RESPONSE by Michael Fleury to MOTION by Defendant General Motors LLC to dismiss GM's Motion to Dismiss Plaintiff's Amended Complaint #40 (Edelman, Daniel)
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Filing 46
STATUS Report Joint Status Report by General Motors LLC (Turner, Jeffrey)
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Filing 45
WITHDRAWAL of Its Response to Rule 41 Dismissal and Motion to Compel Arbitration #39 filed by Defendant General Motors LLC. (Turner, Jeffrey) Modified on 11/30/2022; filed incorrectly as a motion (lk, ).
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Filing 44
MINUTE entry (Corrected) before the Honorable Virginia M. Kendall. Initial Status hearing set for 12/7/2022 stands.Mailed notice (lk, )
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Filing 43
RESPONSE by Plaintiff Michael Fleury to Response, #39 (Plaintiff's Response to GM's Motion to Compel Arbitration) (Edelman, Daniel)
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Filing 42
MINUTE entry before the Honorable Virginia M. Kendall. Briefing schedule set as to Motion to Dismiss #40 . Response due by 12/6/2022; Reply due by 12/13/2022. Status hearing set for 1/31/2023 at 9:15 AM which will proceed in Courtroom 2503. Initial Status hearing set for 12/6/2022 stands. Motion hearing set for 11/28/2022 is stricken. Mailed notice (lk, )
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Filing 41
NOTICE of Motion by Jeffrey Turner for presentment of motion to dismiss #40 before Honorable Virginia M. Kendall on 11/28/2022 at 09:00 AM. (Turner, Jeffrey)
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Filing 40
MOTION by Defendant General Motors LLC to dismiss GM's Motion to Dismiss Plaintiff's Amended Complaint (Attachments: #1 Brief In Support)(Turner, Jeffrey)
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Filing 39
RESPONSE by Defendant General Motors LLC to notice of voluntary dismissal #34 GM's Response to Plaintiff's Rule 41 Dismissal and Motion to Compel Arbitration (Attachments: #1 Exhibit A - Arbitration Agreement - Fleury)(Turner, Jeffrey)
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Filing 38
ATTORNEY Appearance for Defendant General Motors LLC by Stephanie A. Douglas (Douglas, Stephanie)
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Filing 37
MINUTE entry before the Honorable Virginia M. Kendall. Defendant's Motion for extension of time to Answer or otherwise plead to Plaintiff's Amended Complaint #35 is granted. Answer shall be filed by 11/21/2022. Joint Status Report due by 12/2/2022. Initial Status hearing is reset for 12/7/2022 at 9:15 AM. Motion hearing set for 11/14/2022 is stricken. Prior to the hearing, you are directed to cut and paste this hyper link into a browser: https://us-courts.webex.com/join/virginia_kendallilnd.uscourts.gov If you do not have access to a device with video capability, please use the dial in option: (650)-479-3207, the access code is: 180 698 4009. If you do have access to a device with video capability, you are directed to appear telephonically. Mailed notice (lk, )
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Filing 36
NOTICE of Motion by Jeffrey Turner for presentment of motion for extension of time to file answer #35 before Honorable Virginia M. Kendall on 11/14/2022 at 09:00 AM. (Turner, Jeffrey)
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Filing 35
MOTION by Defendant General Motors LLC for extension of time to file answer (Turner, Jeffrey)
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Filing 34
NOTICE of Voluntary Dismissal by Michael Fleury (Notice of Voluntary Dismissal of American Chevrolet, Inc. and Advantage Chevrolet of Hodgkins Only) (Roman, Carly)
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Filing 33
MINUTE entry before the Honorable Virginia M. Kendall. Defendant's Motion for extension of time to answer or otherwise plead #31 is granted. Answer shall be due by 11/9/2022. Motion hearing set for 11/7/2022 is stricken. Mailed notice (lk, )
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Filing 32
NOTICE of Motion by Melanie Jeanne Chico for presentment of motion for extension of time to file answer, #31 before Honorable Virginia M. Kendall on 11/7/2022 at 09:00 AM. (Chico, Melanie)
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Filing 31
MOTION by Defendants American Chevrolet, Inc., d/b/a Advantage Chevrolet and Advantage Chevrolet of Hodgkins, General Motors LLC for extension of time to file answer regarding amended complaint,, #21 (Attachments: #1 Certificate of Service NOM and Certificate of Service)(Chico, Melanie)
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Filing 30
ATTORNEY Appearance for Defendant American Chevrolet, Inc., d/b/a Advantage Chevrolet and Advantage Chevrolet of Hodgkins by Melanie Jeanne Chico (Chico, Melanie)
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Filing 29
MINUTE entry before the Honorable Virginia M. Kendall. Defendants' Unopposed Motion for extension of time to file Answer #27 is granted. Answer shall be filed by 11/2/2022. Joint Status Report due by 11/16/2022. Initial Status hearing is reset for 11/21/2022 at 9:15 AM which will proceed via Webex. Motion hearing set for 10/12/2022 is stricken. Prior to the hearing, you are directed to cut and paste this hyper link into a browser: https://us-courts.webex.com/join/virginia_kendallilnd.uscourts.gov If you do not have access to a device with video capability, please use the dial in option: (650)-479-3207, the access code is: 180 698 4009. If you do have access to a device with video capability, you are directed to appear telephonically.Mailed notice (lk, )
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Filing 28
NOTICE of Motion by Joseph K. Nichele for presentment of motion for extension of time to file answer #27 before Honorable Virginia M. Kendall on 10/12/2022 at 09:00 AM. (Nichele, Joseph)
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Filing 27
MOTION by Defendant American Chevrolet, Inc., d/b/a Advantage Chevrolet and Advantage Chevrolet of Hodgkins for extension of time to file answer (Nichele, Joseph)
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Filing 26
ATTORNEY Appearance for Defendant American Chevrolet, Inc., d/b/a Advantage Chevrolet and Advantage Chevrolet of Hodgkins by Joseph K. Nichele (Nichele, Joseph)
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Filing 25
MINUTE entry before the Honorable Virginia M. Kendall. Defendant's Unopposed Motion for extension of time to answer or otherwise plead to Plaintiff's Amended Complaint #23 is granted. Answer shall be due by 10/12/2022. Motion hearing set for 10/3/2022 is stricken. Mailed notice (lk, )
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Filing 24
NOTICE of Motion by Jeffrey Turner for presentment of extension of time #23 before Honorable Virginia M. Kendall on 10/3/2022 at 09:00 AM. (Turner, Jeffrey)
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Filing 23
MOTION by Defendant General Motors LLC for extension of time to Respond to Plaintiff's Amended Complaint (Turner, Jeffrey)
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Filing 22
SUMMONS Returned Executed by Michael Fleury as to American Chevrolet, Inc., d/b/a Advantage Chevrolet and Advantage Chevrolet of Hodgkins on 9/21/2022, answer due 10/12/2022. (Edelman, Daniel)
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Filing 21
AMENDED complaint by Michael Fleury against General Motors LLC, American Chevrolet, Inc., d/b/a Advantage Chevrolet and Advantage Chevrolet of Hodgkins Class Action (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V)(Edelman, Daniel)
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Filing 20
MINUTE entry before the Honorable Virginia M. Kendall. Plaintiff's Unopposed Motion for leave to file Amended Complaint #18 is granted. Defendant's Motion to Dismiss #14 is dismissed as moot due to Amended Complaint being filed. Joint Status Report shall be due by 10/17/2022. Initial Status hearing is reset for 10/20/2022 at 9:15 AM. Prior to the hearing, you are directed to cut and paste this hyper link into a browser: https://us-courts.webex.com/join/virginia_kendallilnd.uscourts.gov If you do not have access to a device with video capability, please use the dial in option: (650)-479-3207, the access code is: 180 698 4009. If you do have access to a device with video capability, you are directed to appear telephonically. Mailed notice (lk, )
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SUMMONS Issued as to Defendant American Chevrolet, Inc., d/b/a Advantage Chevrolet and Advantage Chevrolet of Hodgkins (ey, )
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Filing 19
NOTICE of Motion by Daniel A. Edelman for presentment of motion for leave to file #18 before Honorable Virginia M. Kendall on 9/21/2022 at 09:00 AM. (Edelman, Daniel)
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Filing 18
MOTION by Plaintiff Michael Fleury for leave to file Amended Complaint Adding Party (Attachments: #1 Attachment 1 Amended Complaint)(Edelman, Daniel)
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Filing 17
MINUTE entry before the Honorable Virginia M. Kendall. Briefing schedule set regarding Motion to Dismiss #14 . Response due by 9/29/2022; Reply due by 10/6/2022. Status hearing set for 11/29/2022 at 9:15 AM. Initial Status hearing set for 9/28/2022 at 9:15 AM stands. Motion hearing set for 9/19/2022 is stricken. Mailed notice (lk, )
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Filing 16
ATTORNEY Appearance for Defendant General Motors LLC by Anthony M. Sam (Sam, Anthony)
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Filing 15
NOTICE of Motion by Justin B. Weiner for presentment of motion to dismiss #14 before Honorable Virginia M. Kendall on 9/19/2022 at 12:00 PM. (Weiner, Justin)
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Filing 14
MOTION by Defendant General Motors LLC to dismiss Plaintiff's Complaint (Attachments: #1 Brief in Support)(Weiner, Justin)
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Filing 13
ATTORNEY Appearance for Defendant General Motors LLC by Jeffrey Turner (Turner, Jeffrey)
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Filing 12
MINUTE entry before the Honorable Virginia M. Kendall. Defendant's Unopposed Motion for extension of time to Answer #9 is granted. Answer shall be filed by 9/14/2022. Joint Status Report shall be filed by 9/21/2022. Webex Initial Status hearing is reset for 9/28/2022 at 9:15 AM. Motion hearing set for 8/17/2022 is stricken. Prior to the hearing, you are directed to cut and paste this hyper link into a browser: https://us-courts.webex.com/join/virginia_kendallilnd.uscourts.gov If you do not have access to a device with video capability, please use the dial in option: (650)-479-3207, the access code is: 180 698 4009. If you do have access to a device with video capability, you are directed to appear telephonically. Mailed notice (lk, )
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Filing 11
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by General Motors LLC (Weiner, Justin)
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Filing 10
NOTICE of Motion by Justin B. Weiner for presentment of motion for extension of time to file answer #9 before Honorable Virginia M. Kendall on 8/17/2022 at 09:00 AM. (Weiner, Justin)
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Filing 9
MOTION by Defendant General Motors LLC for extension of time to file answer regarding complaint #1 (Weiner, Justin)
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Filing 8
ATTORNEY Appearance for Defendant General Motors LLC by Justin B. Weiner (Weiner, Justin)
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Filing 7
MINUTE entry before the Honorable Virginia M. Kendall. Initial Status hearing set for 8/29/2022 at 9:00 AM which will proceed via Webex. Joint Status Report due by 8/24/2022. The parties are directed to Judge Kendall's web page found at www.ilnd.uscourts.gov for information about the Initial Status Report and for information regarding all standing orders for cases on Judge Kendall's docket. The parties shall follow all of the standing orders for Judge Kendall and all Local Rules which can be found at the same web page. For the Initial Status Report, the parties are to report on the following: (1) Possibility of settlement in the case; (2) if no possibility of settlement exists, the nature and length of discovery necessary (with specific dates) to get the case ready for trial; 3) whether the parties jointly consent to proceed before the Magistrate Judge. At the Initial Status Hearing, the Parties shall be prepared to inform the Court about the extent of monetary damages in order for the Court to address the proportionality of discovery as required by Fed. R. Civ. P. 26. Lead counsel is directed to appear at this status hearing. Webex instructions are as follows: Prior to the hearing, you are directed to cut and paste this hyper link into a browser: https://us-courts.webex.com/join/virginia_kendallilnd.uscourts.gov. If you do not have access to a computer Dial: (650)-479-3207, the access code is: 180 698 4009. Given the increased volume of users that is anticipated, you are directed to mute your phone and turn off your video until your case is called. If calling in due to not having access to a computer, please remember to SAY YOUR NAME EACH TIME YOU SPEAK so that the record of the proceedings is accurate. You are directed not to use the speaker phone function. Please test the sound quality and video functions of your device in advance. Members of the public and media are directed to call in to listen to hearings. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Participant instructions for Webex are attached. Mailed notice. (Attachments: #1 Webex Participant Instructions) (lk, )
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Filing 6
NOTICE by Carly Marie Cengher of Change of Address (Notice of Change of Name) (Cengher, Carly)
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Filing 5
SUMMONS Returned Executed by Michael Fleury as to General Motors LLC on 7/27/2022, answer due 8/17/2022. (Cengher, Carly)
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CASE ASSIGNED to the Honorable Virginia M. Kendall. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (ey, )
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CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (ey, )
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SUMMONS Issued as to Defendant General Motors LLC (ey, )
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Filing 4
ATTORNEY Appearance for Plaintiff Michael Fleury by Tara Leigh Goodwin (Goodwin, Tara)
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Filing 3
ATTORNEY Appearance for Plaintiff Michael Fleury by Carly Marie Cengher (Cengher, Carly)
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Filing 2
ATTORNEY Appearance for Plaintiff Michael Fleury by Daniel A. Edelman (Edelman, Daniel)
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Filing 1
COMPLAINT - Class Action filed by Michael Fleury; Jury Demand. Filing fee $ 402, receipt number AILNDC-19684784. (Attachments: #1 Civil Cover Sheet, #2 Exhibit)(Edelman, Daniel)
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