Allen v. Leopold
Plaintiff: Robyn Virtue Allen
3Rd Party Defendant: John Doe(s) 1-10, Vallery Industries, Inc., ABC Company 1-10 and Armstrong Nautical Products
3Rd Party Plaintiff: Jonathan Porter Aaron Leopold, III
Not Classified By Court: ENE Evaluator
Case Number: 1:2014cv00022
Filed: February 7, 2014
Court: US District Court for the District of Vermont
Office: Brattleboro Office
County: XX US, Outside State
Presiding Judge:
Nature of Suit: Other Personal Injury
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on August 11, 2015. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 11, 2015 Opinion or Order Filing 77 MOTION Set a Firm Trial Date filed by Jonathan Porter Aaron Leopold, III. (Attachments: # 1 Memorandum in Support, # 2 Declaration of David M. Kupfer, Esq., # 3 Certificate of Service)(Kupfer, David)
August 5, 2015 Opinion or Order Filing 76 MEMORANDUM AND ORDER denying 45 Motion for Summary Judgment; denying 54 Cross Motion for Partial Summary Judgment. Plaintiff and defendant shall participate in a second ENE session with Evaluator James Spink by 9/4/2015. This case is scheduled as the first back-up for trial on 9/22/2015. Signed by District Judge J. Garvan Murtha on 8/5/2015. (esb)
August 4, 2015 Opinion or Order Filing 75 BILL OF COSTS by Armstrong Nautical Products (Attachments: # 1 Certificate of Service, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E)(Brady, John) Attachment names clarified on 8/5/2015 (jlh).
July 29, 2015 Opinion or Order Filing 74 MEMORANDUM AND ORDER granting 47 Motion for Summary Judgment. Defendant's Third Party Complaint 15 against Vallery Industries, Inc. is DISMISSED. Signed by District Judge J. Garvan Murtha on 7/29/2015. (esb)
July 21, 2015 Opinion or Order Filing 73 MINUTE ENTRY as to proceedings held before Judge J. Garvan Murtha: Oral argument on 45 Dft Leopold's Motion for Summary Judgment; 47 Third party dft Vallery Industries' Motion for Summary Judgment; 54 Pltf Allen's Cross Motion for Partial Summary Judgment and 63 Motion to Compel Production held on 7/21/2015. Christopher Maley, Esq. and John Maley, Esq. present on behalf of the plt Robyn Virtue Allen. David Kupfer, Esq. present on behalf of dft Jonathan Porter Allen Leopold, III. John Brady, Esq. present on behalf of Third Party dft Vallery Industries, Inc. Statements by counsel Kupfer and C. Maley re: 45 and 54 Motions for summary judgment and partial summary judgment. Statements by counsel Brady and Kupfer re: 47 Motion for summary judgment. Motions taken under advisement. Statements by attorneys Kupfer and J. Maley re: 63 Motion to compel production. ORDERED: 63 Motion to compel production GRANTED. Case will be scheduled as #1 back-up for trial on 9/22/2015. Parties encouraged to continue settlement talks with ENE Evaluator Spink. (Court Reporter: Recorded) (kak) Date filed corrected on 7/22/2015 (law).
July 9, 2015 Opinion or Order Filing 72 CERTIFICATE OF SERVICE by Robyn Virtue Allen re 71 Notice of Appearance.(Maley, John)
July 9, 2015 Opinion or Order Filing 71 NOTICE OF APPEARANCE by Christopher J. Maley, Esq on behalf of Robyn Virtue Allen.(Maley, Christopher)
July 9, 2015 Opinion or Order Filing 70 REVISED NOTICE of Hearing re: 63 MOTION to Compel Production, 45 MOTION for Summary Judgment , 54 CROSS MOTION for Partial Summary Judgment , 47 MOTION for Summary Judgment. Motion Hearing set for 7/21/2015 10:00 AM in Brattleboro Courtroom before District Judge J. Garvan Murtha. (kak)
July 8, 2015 Opinion or Order Filing 69 ORDER re 63 Plaintiff's Motion to Compel Production: In accordance with 65 Defendant Leopold's Memorandum of Law in Opposition to Plaintiff's Motion to Compel, at 4, Defendant shall provide to the Court for in camera review all emails sought by Plaintiff's Motion to Compel. The emails shall be submitted to chambers immediately, but not later than 7/15/2015. The Court will hear argument on 63 Plaintiff's Motion to Compel Production at the hearing currently scheduled on 7/21/2015 at 10:00 a.m. in Brattleboro, Vt. Signed by District Judge J. Garvan Murtha on 7/8/2015. (This is a text only order)(kbl)
July 8, 2015 Opinion or Order Filing 68 ORDER granting 66 Stipulated Motion to Excuse Attendance of Local Counsel re: 7/21/2015 motions hearing. Signed by District Judge J. Garvan Murtha on 7/8/2015. (This is a text-only Order.) (kbl)
July 7, 2015 Opinion or Order Filing 67 CERTIFICATE OF SERVICE by Jonathan Porter Aaron Leopold, III re: 65 Response in Opposition.(Zando-Dennis, Julie) Text clarified on 7/13/2015 (jlh).
July 7, 2015 Opinion or Order Filing 66 STIPULATED Motion to Excuse Attendance of Local Counsel re: 7/21/2015 Motions Hearing by Jonathan Porter Aaron Leopold, III (Attachments: # 1 Certificate of Service)(Burchard, Daniel) Event/Text clarified on 7/7/2015 (jlh).
July 6, 2015 Opinion or Order Filing 65 RESPONSE in Opposition re 63 MOTION to Compel Production filed by Jonathan Porter Aaron Leopold, III. (Zando-Dennis, Julie)
July 6, 2015 Opinion or Order Filing 64 NOTICE of Hearing re: 45 Dft's MOTION for Summary Judgment , 54 Pltf's CROSS MOTION for Partial Summary Judgment and 47 Third Party Dft Vallery Industries, Inc.'s MOTION for Summary Judgment. Motion Hearing set for 7/21/2015 10:00 AM in Brattleboro Courtroom before District Judge J. Garvan Murtha.(kak)
June 22, 2015 Opinion or Order Filing 63 MOTION to Compel Production filed by Robyn Virtue Allen. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Memorandum in Support, # 5 Affidavit of John P. Maley, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Certificate of Service)(Maley, John)
May 15, 2015 Opinion or Order Filing 62 NOTICE OF DOCKET ENTRY CORRECTION re: 60 Response in Opposition to Motion for Summary Judgment filed by Jonathan Porter Aaron Leopold, III. Document 61 has been removed from the docket and attached to 60 as the signed Certificate of Service. The document is also attached to this entry. (jlh)
May 14, 2015 Opinion or Order Filing 61 Entry has been removed from the docket.
May 14, 2015 Opinion or Order Filing 60 REPLY to Response 45 MOTION for Summary Judgment and RESPONSE in Opposition to 54 CROSS MOTION for Partial Summary Judgment filed by Jonathan Porter Aaron Leopold, III. (Attachments: # 1 Statement of Undisputed Material Facts, # 2 Declaration of David M. Kupfer, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Statement of Disputed Material Facts, # 8 Certificate of Service)(Zando-Dennis, Julie) Links added on 5/15/2015 (jlh). (Attachment 8 replaced on 5/15/2015) (jlh).
April 30, 2015 Opinion or Order Filing 58 REPORT of Early Neutral Evaluation by ENE Evaluator (Attachments: # 1 Certificate of Service)(Spink, James)
April 24, 2015 Opinion or Order Filing 57 RESPONSE in Opposition re: 47 MOTION for Summary Judgment filed by Jonathan Porter Aaron Leopold, III. (Attachments: # 1 Statement of Disputed Material Facts, # 2 Statement of Additional Facts, # 3 Declaration of David M. Kupfer, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Exhibit J, # 14 Exhibit K, # 15 Certificate of Service)(Zando-Dennis, Julie) Link added on 5/15/2015 (jlh).
April 16, 2015 Opinion or Order Filing 56 ORDER granting 55 Assented-To Motion of Defendant/Third-Party Plaintiff Leopold to Extend Time to File Response re: 47 Third-Party Defendant Vallery Industries, Inc.'s Motion for Summary Judgment. Leopold's response shall be filed on or before 4/24/2015. Signed by District Judge J. Garvan Murtha on 4/16/2015. (This is a text-only Order.) (kbl)
April 16, 2015 Opinion or Order Filing 55 ASSENTED-TO MOTION for Extension of Time to File Response/Reply re: 47 MOTION for Summary Judgment filed by Jonathan Porter Aaron Leopold, III. (Attachments: # 1 Certificate of Service)(Zando-Dennis, Julie) Event/Text clarified, link added on 4/17/2015 (jlh).
April 14, 2015 Opinion or Order Filing 54 CROSS MOTION for Partial Summary Judgment and OPPOSITION to 45 Motion for Summary Judgment filed by Robyn Virtue Allen. (Attachments: # 1 Plaintiff's Response to Defendant/Third Party Plaintiff's Statement of Undisputed Facts, # 2 Statement of Undisputed Material Facts, # 3 Statement of Disputed Material Facts, # 4 Affidavit of John P. Maley, # 5 Exhibit 1, # 6 Exhibit 2, # 7 Exhibit 3, # 8 Exhibit 4, # 9 Exhibit 5, # 10 Exhibit 6, # 11 Exhibit 7, # 12 Certificate of Service)(Maley, John)
March 25, 2015 Opinion or Order Filing 53 NOTICE OF DOCKET ENTRY CORRECTION re: 47 MOTION for Summary Judgment filed by Vallery Industries, Inc. Documents 48, 49, 50, 51, and 52 have been removed from the docket and attached to 47 . The documents are also attached to this entry. (Attachments: # 1 Statement of Undisputed Material Facts, # 2 Affidavit of John E. Brady, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Declaration of Russell Sedlack, # 17 Certificate of Service) (jlh)
March 18, 2015 Opinion or Order Filing 52 Entry has been removed from the docket.
March 18, 2015 Opinion or Order Filing 51 Entry has been removed from the docket.
March 18, 2015 Opinion or Order Filing 50 Entry has been removed from the docket.
March 18, 2015 Opinion or Order Filing 49 Entry has been removed from the docket
March 18, 2015 Opinion or Order Filing 48 Entry has been removed from the docket
March 18, 2015 Opinion or Order Filing 47 MOTION for Summary Judgment filed by Vallery Industries, Inc..(Brady, John) (Additional attachment(s) added on 3/25/2015: # 1 Memorandum in Support, # 2 Statement of Undisputed Material Facts, # 3 Affidavit of John E. Brady, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Exhibit J, # 14 Exhibit K, # 15 Exhibit L, # 16 Exhibit M, # 17 Declaration of Russell Sedlack, # 18 Certificate of Service) (jlh).
March 17, 2015 Opinion or Order Filing 46 ORDER granting 43 Third-Party Defendant's Assented-To Motion to Extend Summary Judgment Filing Deadline. Vallery Industries, Inc.'s summary judgment deadline is extended to and including 3/18/2015. Signed by District Judge J. Garvan Murtha on 3/17/2015. (This is a text-only Order.) (kbl)
March 16, 2015 Opinion or Order Filing 45 MOTION for Summary Judgment filed by Jonathan Porter Aaron Leopold, III. (Attachments: # 1 Memorandum in Support, # 2 Statement of Undisputed Material Facts, # 3 Affidavit of David M. Kupfer, Esq., # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Certificate of Service)(Kupfer, David) Attachment names clarified on 3/17/2015 (jlh).
March 16, 2015 Opinion or Order Filing 44 CERTIFICATE OF SERVICE by Vallery Industries, Inc. re 43 ASSENTED-TO MOTION for Extension of Time to File Summary Judgment Filing Deadline Two Days.(Brady, John)
March 16, 2015 Opinion or Order Filing 43 ASSENTED-TO MOTION for Extension of Time to File Summary Judgment Filing Deadline Two Days filed by Vallery Industries, Inc..(Brady, John) Text clarified on 3/17/2015 (jlh).
January 15, 2015 Opinion or Order Filing 42 DISCOVERY CERTIFICATE - Supplemental Answers to Interrogatories by Vallery Industries, Inc..(Brady, John) Text clarified on 1/16/2015 (jlh).
January 15, 2015 Opinion or Order Filing 41 DISCOVERY CERTIFICATE re: Objection to Notice of Deposition by Vallery Industries, Inc..(Brady, John)
January 12, 2015 Opinion or Order Filing 40 DISCOVERY CERTIFICATE - Answer to Interrogatories and Requests to Produce by Robyn Virtue Allen.(Maley, John)
January 8, 2015 Opinion or Order Filing 39 DISCOVERY CERTIFICATE - Notice of Deposition of Third Party Defendant Vallery Industries by Jonathan Porter Aaron Leopold, III.(Kupfer, David)
January 8, 2015 Opinion or Order Filing 38 DISCOVERY CERTIFICATE - Answer to Interrogatories and Requests to Produce by Jonathan Porter Aaron Leopold, III.(Kupfer, David)
January 8, 2015 Opinion or Order Filing 37 DISCOVERY CERTIFICATE - Notice of Deposition Jonathan Porter Aaron Leopold III a/k/a Jessie Lepold by Vallery Industries, Inc..(Brady, John)
January 5, 2015 Opinion or Order Filing 36 DISCOVERY CERTIFICATE - Notice of Deposition of Jonathan Porter Aaron Leopold III by Robyn Virtue Allen.(Maley, John)
December 15, 2014 Opinion or Order Filing 35 DISCOVERY CERTIFICATE - Response to Request for Admissions of Third Party Defendant Armstrong Nautical Products by Jonathan Porter Aaron Leopold, III.(Kupfer, David)
December 1, 2014 Opinion or Order Filing 34 DISCOVERY CERTIFICATE - Answer to Interrogatories (unsigned) and Responses to Requests to Produce by Vallery Industries, Inc..(Brady, John)
November 26, 2014 Opinion or Order Filing 33 CERTIFICATE OF SERVICE of Third-Party Defendant's Offer of Judgment by Armstrong Nautical Products.(Brady, John)
November 21, 2014 Opinion or Order Filing 32 STIPULATED DISCOVERY SCHEDULE/ORDER Discovery due by 5/8/2015. Motions due by 3/16/2015. Early Neutral Evaluation set for 4/30/2015 at 09:00 AM. Ready for Trial by 6/1/2015. Signed by District Judge J. Garvan Murtha on 11/18/2014. (esb)
November 18, 2014 Opinion or Order Filing 31 DISCOVERY CERTIFICATE - Response to Request for Admissions by Robyn Virtue Allen.(Maley, John)
November 18, 2014 Opinion or Order Filing 30 DISCOVERY CERTIFICATE - Interrogatories and Request to Produce to Defendant Jonathan Leopold III by Robyn Virtue Allen.(Maley, John)
November 7, 2014 Opinion or Order Filing 29 DISCOVERY CERTIFICATE - Notice of Deposition for Robyn Virtue Allen by Jonathan Porter Aaron Leopold, III.(Zando-Dennis, Julie)
November 7, 2014 Opinion or Order Filing 28 NOTICE OF DOCKET ENTRY CORRECTION re: 27 ENE Evaluator Assigned. The document has been replaced to remove reference of the Stipulated Discovery Schedule. The corrected document is now attached to 27 and also to this entry. (law)
November 7, 2014 Opinion or Order Filing 27 ENE Evaluator James W. Spink, Esq. assigned. (hbc) (Main Document 27 replaced on 11/7/2014) (law).
November 6, 2014 Opinion or Order Filing 26 ENE By Stipulation re: Evaluator Selection by Robyn Virtue Allen, Armstrong Nautical Products, Jonathan Porter Aaron Leopold, III, Vallery Industries, Inc.(Burchard, Daniel) Filers clarified on 11/7/2014 (law).
November 5, 2014 Opinion or Order Filing 25 DISCOVERY CERTIFICATE - Interrogatories and Request to Produce to Plaintiff Robyn Virtue Allen and Third Party Defendant Vallery Industries, Inc. by Jonathan Porter Aaron Leopold, III.(Zando-Dennis, Julie)
November 3, 2014 Opinion or Order Filing 24 DISCOVERY CERTIFICATE re: First Request to Admit to Third-Party Plaintiff, First Requests to Produce to Third-Party Plaintiff, First Set of Interrogatories to Third-Party Plaintiff, First Request to Admit to Plaintiff by Armstrong Nautical Products, Vallery Industries, Inc..(Brady, John)
October 21, 2014 Opinion or Order Filing 23 PROPOSED Stipulated Discovery Schedule/Order by Jonathan Porter Aaron Leopold, III.(Burchard, Daniel)
October 20, 2014 Opinion or Order Filing 22 STIPULATED DISCOVERY LETTER SENT re: no stipulated discovery schedule filed; case may be placed on the master calendar unless stipulated schedule is filed. (law)
October 20, 2014 Opinion or Order Filing 21 NOTICE OF DOCKET ENTRY CORRECTION re: 20 Discovery Certificate - Initial Disclosures filed by Armstrong Nautical Products, Vallery Industries, Inc. The document has been replaced to correct that date certified for service. The corrected document is now attached to 20 and is also attached to this entry. (law)
October 17, 2014 Opinion or Order Filing 20 DISCOVERY CERTIFICATE - Initial Disclosures by Armstrong Nautical Products, Vallery Industries, Inc..(Brady, John) (Main Document 20 replaced on 10/20/2014) (law).
October 15, 2014 Opinion or Order Filing 19 DISCOVERY CERTIFICATE - Initial Disclosures by Jonathan Porter Aaron Leopold, III.(Zando-Dennis, Julie) Text clarified on 10/16/2014 (jlh).
October 14, 2014 Opinion or Order Filing 18 ENE LETTER re: Potential Evaluators sent; responses due by 10/31/2014. (hbc)
October 10, 2014 Opinion or Order Filing 17 DISCOVERY CERTIFICATE: Initial Disclosure by Robyn Virtue Allen.(Maley, John) Text clarified on 10/10/2014 (law).
August 25, 2014 Opinion or Order Filing 16 ANSWER to Third Party Complaint by Vallery Industries, Inc. (Attachments: # 1 Certificate of Service)(Brady, John) Filer removed on 10/16/2014 (jlh).
July 2, 2014 Opinion or Order Filing 15 THIRD PARTY COMPLAINT against Armstrong Nautical Products, Vallery Industries, Inc., John Doe(s) 1-10, ABC Company 1-10 filed by Jonathan Porter Aaron Leopold, III.(esb)
July 1, 2014 Opinion or Order Filing 14 ENE LETTER re: Potential Evaluators sent; responses due by 7/18/2014. (hbc)
June 19, 2014 Opinion or Order Filing 13 ANSWER to Complaint with Jury Demand by Jonathan Porter Aaron Leopold, III. (Attachments: # 1 Certificate of Service)(Zando-Dennis, Julie)
May 19, 2014 Opinion or Order Filing 12 ORDER granting 10 Stipulated Motion for Extension of Time to Respond to 1 Complaint. Defendant's answer or responsive pleading shall be filed on or before 6/19/2014. Signed by District Judge J. Garvan Murtha on 5/19/2014. (This is a text-only Order.) (kbl)
May 19, 2014 Opinion or Order Filing 11 NOTICE OF DOCKET ENTRY CORRECTION re: 10 STIPULATED MOTION for Extension of Time to File Responsive Pleading. The main document contained that of the proposed order. The document has been broken apart and reattached to the docket. The corrected documents are now attached to 10 as well as this entry. (Attachments: # 1 Text of Proposed Order) (jlh)
May 16, 2014 Opinion or Order Filing 10 STIPULATED MOTION for Extension of Time to File Answer to Complaint filed by Jonathan Porter Aaron Leopold, III.(Zando-Dennis, Julie) (Main Document 10 replaced on 5/19/2014) (jlh). (Additional attachment(s) added on 5/19/2014: # 1 Text of Proposed Order) (jlh).
April 17, 2014 Opinion or Order Filing 9 ORDER granting 6 Motion for Admission Pro Hac Vice re: Julie Zando-Dennis, Esq. for dft. Signed by District Judge J. Garvan Murtha on 4/17/2014. (This is a text-only Order.) (kbl)
April 17, 2014 Opinion or Order Filing 8 ORDER granting 5 Motion for Admission Pro Hac Vice re: David M. Kupfer, Esq. for dft. Signed by District Judge J. Garvan Murtha on 4/17/2014. (This is a text-only Order.) (kbl)
April 14, 2014 Opinion or Order Filing 7 NOTICE OF DOCKET ENTRY CORRECTION re: 3 Waiver of Service Returned Executed filed by Robyn Virtue Allen. Docket text has been clarified to read: Jonathan Porter Aaron Leopold, III waiver sent on 3/21/2014, answer due 5/20/2014. (jlh)
April 9, 2014 Opinion or Order Filing 6 MOTION for Appearance Pro Hac Vice of Julie Zando-Dennis filed by Jonathan Porter Aaron Leopold, III. (Attachments: # 1 Affidavit of Juie Zando-Dennis, # 2 Certificate of Good Standing)(law)
April 9, 2014 Opinion or Order Filing 5 MOTION for Appearance Pro Hac Vice of David M. Kupfer filed by Jonathan Porter Aaron Leopold, III. (Attachments: # 1 Affidavit of David M. Kupfer, # 2 Certificate of Good Standing)(law)
April 9, 2014 Opinion or Order Filing 4 NOTICE OF APPEARANCE by Daniel L. Burchard on behalf of Jonathan Porter Aaron Leopold, III. (Attachments: # 1 Certificate of Service)(kak)
March 27, 2014 Opinion or Order Filing 3 WAIVER OF SERVICE Returned Executed: Jonathan Porter Aaron Leopold, III waiver sent on 3/21/2014, answer due 5/20/2014. Docket text clarified on 3/28/2014 (jlh)
February 7, 2014 Opinion or Order Filing 2 NOTICE OF DOCKET ENTRY CORRECTION re: 1 Complaint filed by Robyn Virtue Allen. Docket text was clarified to indicate the complaint is against Jonathan Porter Aaron Leopold III . (law)
February 7, 2014 Opinion or Order Filing 1 COMPLAINT against Jonathan Porter Aaron Leopold III filed by Robyn Virtue Allen. (Attachments: # 1 Civil Cover Sheet)(kak) Defendant's name clarified on 2/7/2014 (law).

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3rd party defendant: John Doe(s) 1-10
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3rd party defendant: Vallery Industries, Inc.
Represented By: John E. Brady
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3rd party defendant: ABC Company 1-10
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3rd party defendant: Armstrong Nautical Products
Represented By: John E. Brady
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3rd party plaintiff: Jonathan Porter Aaron Leopold, III
Represented By: Daniel L. Burchard, Esq.
Represented By: David M. Kupfer, Esq.
Represented By: Julie Zando-Dennis, Esq.
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Plaintiff: Robyn Virtue Allen
Represented By: Christopher J. Maley, Esq.
Represented By: John P. Maley, Esq.
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Not classified by court: ENE Evaluator
Represented By: James W. Spink, Esq.
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