Gary v. Carbon Cycle Arizona LLC et al
| Michael Gary |
| Tom Mulholland, Samuel W Grossman, Jerry Kovacich, Carbon Cycle Holdings LLC, Carlos E Sala, Carbon Cycle Arizona LLC and Carbon Cycle Energy LLC |
| 2:2018cv02796 |
| September 5, 2018 |
| US District Court for the District of Arizona |
| James A Teilborg |
| Labor: Fair Standards |
| 29 U.S.C. § 206 |
| Plaintiff |
Docket Report
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Filing 67
ORDER that Defendants' request for an evidentiary hearing pursuant to LRCiv 54.2(h) is DENIED. IT IS FURTHER ORDERED that Plaintiff's Motion for Attorneys' Fees and Costs #50 is GRANTED IN PART and DENIED IN PART, as follows: 1. Plaintiff's request for taxable costs is denied. 2. Plaintiff is awarded $4.00 in non-taxable costs. 3. Plaintiff is awarded $13,167.67 in attorneys' fees. Signed by Senior Judge James A Teilborg on 8/16/19. (CLB)
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| Filing 65 CLERK'S JUDGMENT - Pursuant to Plaintiff having accepted Defendant's offer of judgment, judgment is hereby entered against Defendant Samuel Grossman in the amount of $250.00 (exclusive of taxable court costs and attorney's fees) and this action is hereby terminated. (SLQ) |
| Filing 64 NOTICE of Acceptance with Offer of Judgment by Michael Gary . (Attachments: #1 Exhibit Exhibit 1)(Barrat, Jason) |
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Filing 63
ORDER denying #61 Motion for Order to Show Cause and Motion to Supplement. [See attached order for additional information.] Signed by Senior Judge James A. Teilborg on 3/19/2019. (RMW)
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| Filing 62 RESPONSE in Opposition re: #61 MOTION for Order to Show Cause MOTION to Supplement filed by Carbon Cycle Arizona LLC, Carbon Cycle Energy LLC, Carbon Cycle Holdings LLC, Jerry Kovacich, Tom Mulholland. (Attachments: #1 Text of Proposed Order)(Carden, Joshua) |
| Filing 61 MOTION for Order to Show Cause , MOTION to Supplement by Michael Gary. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Text of Proposed Order)(Barrat, Jason) |
| Filing 60 NOTICE of Service of Discovery filed by Michael Gary. (Barrat, Jason) |
| Filing 59 ANSWER to #1 Complaint by Samuel W Grossman.(DXD) |
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Filing 58
ORDER granting #54 Motion to Set Aside Default and Motion for Leave to Amend. The Clerk's Entry of Default (Doc. #20 ) is set aside as to Defendant Samuel Grossman. The Clerk shall file the Answer Lodged at Doc. #55 . Mr. Grossman's time to file his Initial MIDP Disclosures shall be calculated from the filing date of his Answer. The deadlines set forth in the 12/20/2018 Rule 16 Scheduling Order remain otherwise unchanged. Signed by Senior Judge James A Teilborg on 2/14/19. (DXD)
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| Filing 57 REPLY to Response to Motion re: #50 MOTION for Attorney Fees filed by Michael Gary. (Barrat, Jason) |
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Filing 56
ORDER granting #52 Motion for Extension of Time to Respond to the motion for attorney's fees such that the response filed at Doc. #51 is deemed to be timely. Signed by Senior Judge James A. Teilborg on 2/12/2019. (RMW)
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| Filing 55 **FILED at Doc [59** LODGED Proposed Answer of Samuel Grossman re: #54 Consent MOTION to Set Aside Default Samuel Grossman Consent MOTION for Leave to File Answer. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Samuel W Grossman. (Carden, Joshua) Modified on 2/14/2019 (DXD). |
| Filing 54 Consent MOTION to Set Aside Default Samuel Grossman, Consent MOTION for Leave to File Answer by Samuel W Grossman. (Attachments: #1 Text of Proposed Order)(Carden, Joshua) |
| Filing 53 NOTICE of Appearance by Joshua William Carden on behalf of Samuel W Grossman. (Carden, Joshua) |
| Filing 52 Consent MOTION for Extension of Time to File Response/Reply as to #50 MOTION for Attorney Fees and Statement of Costs by Carbon Cycle Arizona LLC, Carbon Cycle Energy LLC, Carbon Cycle Holdings LLC, Samuel W Grossman, Jerry Kovacich, Tom Mulholland. (Attachments: #1 Text of Proposed Order)(Carden, Joshua) *Modified linkage on 2/13/2019 (DXD). |
| Filing 51 RESPONSE to Motion re: #50 MOTION for Attorney Fees and Statement of Costs filed by Carbon Cycle Arizona LLC, Carbon Cycle Energy LLC, Carbon Cycle Holdings LLC, Samuel W Grossman, Jerry Kovacich, Tom Mulholland, Carlos E Sala. (Attachments: #1 Exhibit A - Objectionable Fee Entries)(Carden, Joshua) |
| Filing 50 MOTION for Attorney Fees by Michael Gary. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Attachment A, #6 Exhibit Attachment B, #7 Exhibit Attachment C, #8 Text of Proposed Order)(Barrat, Jason) |
| Filing 49 NOTICE of Party Dismissal by Michael Gary. Party Carlos E Sala (a Colorado resident) terminated. (Barrat, Jason) |
| Filing 48 CLERK'S JUDGMENT - Pursuant to Plaintiff having accepted Defendants' offer of judgment, judgment is hereby entered against Defendants Carbon Cycle Arizona LLC, Carbon Cycle Energy LLC, Carbon Cycle Holdings LLC, Jerry Kovacich, and Tom Mulholland in the amount of $5,000.00, exclusive of taxable court costs and attorney's fees. (SLQ) |
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Filing 47
ORDER - IT IS ORDERED that the Clerk of the Court shall enter judgment as to Defendants Jerald F. Kovacich, Tom Mullholland, Carbon Cycle Entergy, LLC, Carbon Cycle Arizona LLC, and Carbon Cycle Holdings, LLC (only) consistent with the terms specified in the Offer and Acceptance at Doc. #46 . Because additional Defendants remain in this case, the Clerk of the Court shall not close this case based on this judgment. IT IS FURTHER ORDERED that because the concerns of In re First T.D. & Inv., Inc., 253 F.3d 520, 532- 33 (9th Cir. 2001), are alleviated by this judgment, within 30 days of this Order Plaintiff shall either move to dismiss Samuel W. Grossman and Carlos E. Sala or move for default judgment against them. (See document for complete details). Signed by Senior Judge James A Teilborg on 1/23/19. (SLQ)
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| Filing 46 NOTICE of Acceptance with Offer of Judgment by Carbon Cycle Arizona LLC, Carbon Cycle Energy LLC, Carbon Cycle Holdings LLC, Jerry Kovacich, Tom Mulholland . (Attachments: #1 Exhibit Rule 68 Offer of Judgment, #2 Exhibit Acceptance of Offer)(Carden, Joshua) |
| Filing 45 Corporate Disclosure Statement by Carbon Cycle Arizona LLC, Carbon Cycle Energy LLC, Carbon Cycle Holdings LLC identifying Corporate Parent Advanced Renewable Energy Investment Solutions, LLC for Carbon Cycle Arizona LLC, Carbon Cycle Energy LLC, Carbon Cycle Holdings LLC. (Carden, Joshua) |
| Filing 44 SECOND AMENDED ANSWER to #1 Complaint (See Order Doc. 43) by Carbon Cycle Arizona LLC, Carbon Cycle Energy LLC, Carbon Cycle Holdings LLC, Jerry Kovacich, Tom Mulholland.(Carden, Joshua) |
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Filing 43
ORDER granting #42 Motion to Set Aside Default and for Leave to File Untimely Answer as follows: 1. The Clerk's Entry of Default (Doc. #20 ) is set aside as to Defendants (1) Tom Mulholland, (2) Carbon Cycle Energy, LLC, (3) Carbon Cycle Arizona, LLC, and (4) Carbon Cycle Holdings, LLC, pursuant to FRCP 55(c). 2. The four above-listed Defendants' Answers and Corporate Disclosure Statements shall be filed on or before 1/18/2019. 3. The deadlines set forth in the 12/20/2018 Rule 16 Scheduling Order remain unchanged and are binding on the four above-listed Defendants. Signed by Senior Judge James A. Teilborg on 1/10/2019. (RMW)
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| Filing 42 * Consent MOTION to Set Aside Default and file Untimely Answer by Carbon Cycle Arizona LLC, Carbon Cycle Energy LLC, Carbon Cycle Holdings LLC, Tom Mulholland. (Attachments: #1 Text of Proposed Order)(Carden, Joshua). * Added MOTION for Extension of Time to File (Untimely) Answer; attorney noticed on 1/7/2019 (LAD). |
| Filing 41 NOTICE of Appearance by Joshua William Carden on behalf of Carbon Cycle Arizona LLC, Carbon Cycle Energy LLC, Carbon Cycle Holdings LLC, Jerry Kovacich, Tom Mulholland. (Carden, Joshua) |
| Filing 40 NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) filed by Plaintiff Michael Gary, Counter Defendant Michael Gary. (Barrat, Jason) |
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Filing 39
RULE 16 SCHEDULING ORDER: Discovery must be completed by 7/12/2019. Dispositive motions shall be filed no later than 9/6/2019. (See attached Order for additional information.) Signed by Senior Judge James A. Teilborg on 12/19/2018. (RMW)
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| Filing 38 NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) filed by Plaintiff Michael Gary. (Barrat, Jason) |
| Filing 37 MINUTE ENTRY for proceedings held before Senior Judge James A. Teilborg: Scheduling Conference held on 12/19/2018. Deadlines set. Order to issue. APPEARANCES: James Weiler for Plaintiff Michael Gray. Joshua Carden for Defendant Jerry Kovacich. (Court Reporter Laurie Adams) Hearing held 3:00 PM to 3:32 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMW) |
| Filing 36 NOTICE of Appearance by James Joseph Weiler on behalf of Michael Gary. (Weiler, James) |
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Filing 35
ORDER: IT IS ORDERED that, based on the supplement, (Doc. #34 ), the motion for default judgment (Doc. #31 ) is denied without prejudice. Signed by Senior Judge James A. Teilborg on 12/19/2018. (RMW)
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| Filing 34 SUPPLEMENT Supplement to Application of Entry of Default Judgment re: #31 MOTION for Default Judgment as to Carbon Cycle Arizona, LLC; Carbon Cycle Energy, LLC; Carbon Cycle Holdings, LLC; Samuel W. Grossman, Carlos E. Sala, Tom Mulholland , #33 Order by Plaintiff Michael Gary, Counter Defendant Michael Gary. (Barrat, Jason) |
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Filing 33
ORDER: IT IS ORDERED that Plaintiff shall file a supplement to he motion for default judgment by 1/7/2019 addressing In re First T.D. & Inv., Inc., 253 F.3d 520, 532-33 (9th Cir. 2001) (holding that typically the District Court should not enter default judgment under Fed. R. Civ. P. 54(b) against some defendants if other defendants are defending the same allegations/claims). (Any response to the motion is due by 1/22/2019).Signed by Senior Judge James A. Teilborg on 12/18/2018. (RMW)
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Filing 32
ORDER (text only): IT IS ORDERED that, as a result of an amended answer (with no counterclaim) having been filed (Doc. #29 ), the motion to dismiss the counterclaim (Doc. #21 ) is denied as moot. Ordered by Senior Judge James A. Teilborg on 12/17/2018. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMW)
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| Filing 31 MOTION for Default Judgment as to Carbon Cycle Arizona, LLC; Carbon Cycle Energy, LLC; Carbon Cycle Holdings, LLC; Samuel W. Grossman, Carlos E. Sala, Tom Mulholland by Michael Gary. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Attachment A, #4 Text of Proposed Order)(Barrat, Jason) |
| Filing 30 Rule 26(f) Report for Mandatory Initial Discovery Pilot (MIDP) filed by Plaintiff Michael Gary, Counter Defendant Michael Gary. (Barrat, Jason) |
| Filing 29 FIRST AMENDED ANSWER to #1 Complaint (No Counterclaims) by Jerry Kovacich.(Carden, Joshua) |
| Filing 28 NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Jerry Kovacich . (Carden, Joshua) |
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Filing 27
ORDER APPROVING STIPULATION - The Court having reviewed the stipulation (Doc. #26 ) of the parties filed on November 29, 2018, and good cause appearing, IT IS ORDERED as follows: 1. The requested deferral of the parties' MIDP disclosures is APPROVED. The deferred deadline for MIDP disclosures shall be January 2, 2019. There will be no further extensions of this deadline. 2. Defendant Kovacich's deadline to file a response to Plaintiff's Motion to Dismiss counterclaims shall now be on or before December 7, 2018. 3. Defendant Kovacich's contemplated amended answer and notice under Rule 15 and L.R.Civ. 15.1(b) shall be filed on or before December 7, 2018. Signed by Senior Judge James A Teilborg on 12/4/18. (SLQ)
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| Filing 26 STIPULATION re: #21 MOTION to Dismiss for Failure to State a Claim, #4 Notice re Mandatory Initial Discovery Pilot (MIDP), #17 Answer to Complaint, Counterclaim by Jerry Kovacich. (Attachments: #1 Text of Proposed Order)(Carden, Joshua) |
| Filing 25 NOTICE of Appearance by Joshua William Carden on behalf of Jerry Kovacich. (Carden, Joshua) |
| Filing 24 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Plaintiff Michael Gary, Counter Defendant Michael Gary. (Barrat, Jason) |
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Filing 23
ORDER SETTING RULE 16 SCHEDULING CONFERENCE: Scheduling Conference set for 12/19/2018 at 03:00 PM in Courtroom 503, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge James A. Teilborg. IT IS FURTHER ORDERED that counsel shall jointly file their Proposed Case Management Plan with the Clerk of the Court not less than ten (10) days before the Scheduling Conference. (See attached order for additional information.) Signed by Senior Judge James A. Teilborg on 11/8/2019. (RMW)
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| Filing 22 ANSWER to #17 Answer to Complaint, Counterclaim by Michael Gary.(Barrat, Jason) |
| Filing 21 *MOTION to Dismiss Counts/Claims for Failure to State a Claim : Defendant Jerry Kovacich's Counterclaims by Michael Gary. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Text of Proposed Order)(Barrat, Jason) *Modified motion type on 11/8/2018 (REK). |
| Filing 20 **SET ASIDE as to Tom Mulholland, Carbon Cycle Energy LLC, Carbon Cycle Arizona LLC and Carbon Cycle Holdings, LLC per Order #43 ; SET ASIDE as to Samuel W Grossman per Order #58 ** Clerk's ENTRY OF DEFAULT as to Carbon Cycle Arizona LLC, Carbon Cycle Energy LLC, Carbon Cycle Holdings LLC, Samuel W Grossman, Tom Mulholland, Carlos E Sala. (REK) Modified on 1/10/2019 (SLQ). Modified on 2/14/2019 (DXD). |
| Filing 19 APPLICATION for Entry of Default by Plaintiff Michael Gary, Counter Defendant Michael Gary against Carbon Cycle Arizona, LLC, Carbon Cycle Energy, LLC, Carbon Cycle Holdings, LLC, Samuel W. Grossman, Carlos E. Sala, and Tom Mulholland. (Attachments: #1 Affidavit)(Barrat, Jason) |
| Filing 18 NOTICE TO SELF-REPRESENTED LITIGANT re informational documents attached: (1) Notice to Self-Represented Litigant, (2) Federal Court Self-Service Clinic Flyer, (3) Fed. R. Civ. P. 5.2, and (4) Notice and Request re Electronic Noticing. (REK) |
| Filing 17 ANSWER to #1 Complaint, COUNTERCLAIM against Michael Gary by Jerry Kovacich.(REK) |
| Filing 16 SERVICE EXECUTED filed by Michael Gary: Proof of Service re: SUMMONS IN A CIVIL ACTION, VERIFIED COMPLAINT, NOTICE TO PARTIES, GENERAL ORDER, MANDATORY INITIAL DISCOVERY, ORDER upon Carbon Cycle Holdings LLC on 10/11/18. (Barrat, Jason) |
| Filing 15 SERVICE EXECUTED filed by Michael Gary: Proof of Service re: SUMMONS IN A CIVIL ACTION, VERIFIED COMPLAINT, NOTICE TO PARTIES, GENERAL ORDER, MANDATORY INITIAL DISCOVERY, ORDER upon Carbon Cycle Energy LLC on 10/11/18. (Barrat, Jason) |
| Filing 14 SERVICE EXECUTED filed by Michael Gary: Proof of Service re: SUMMONS IN A CIVIL ACTION, VERIFIED COMPLAINT, NOTICE TO PARTIES, GENERAL ORDER, MANDATORY INITIAL DISCOVERY, ORDER upon Tom Mulholland on 10/09/18. (Barrat, Jason) |
| Filing 13 SERVICE EXECUTED filed by Michael Gary: Proof of Service re: SUMMONS IN A CIVIL ACTION, VERIFIED COMPLAINT, NOTICE TO PARTIES, GENERAL ORDER, MANDATORY INITIAL DISCOVERY, ORDER upon Carlos Sala on 10/09/18. (Barrat, Jason) |
| Filing 12 SERVICE EXECUTED filed by Michael Gary: Proof of Service re: SUMMONS IN A CIVIL ACTION, VERIFIED COMPLAINT, NOTICE TO PARTIES, GENERAL ORDER, MANDATORY INITIAL DISCOVERY, ORDER upon Samuel Grossman on 10/09/18. (Barrat, Jason) |
| Filing 11 SERVICE EXECUTED filed by Michael Gary: Proof of Service re: SUMMONS IN A CIVIL ACTION, VERIFIED COMPLAINT, NOTICE TO PARTIES, GENERAL ORDER, MANDATORY INITIAL DISCOVERY, ORDER upon Jerry Kovacich on 10/09/18. (Barrat, Jason) |
| Filing 10 *SERVICE EXECUTED filed by Michael Gary: Proof of Service re: Summons in a Civil Action, Verified Complaint, Notice to Parties, General Order, Mandatory Initial Discovery, Order upon Carbon Cycle Arizona, LLC on 10/11/18. (Barrat, Jason) *Modified text on 10/15/2018 (REK). |
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Filing 9
ORDER: IT IS ORDERED that the application for entry of default (Doc. #8 ) is denied without prejudice because there is no proof of service in the record. Ordered by Senior Judge James A Teilborg on 10/3/18. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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| Filing 8 *DENIED per Order 9 * APPLICATION for Entry of Default by Plaintiff Michael Gary against Defendants. (Attachments: #1 Affidavit)(Barrat, Jason) Modified on 10/3/2018 (MAW). |
| Filing 7 NOTICE re: Notice of Service of Complaint/Summons by Michael Gary . (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Attachment A, #3 Exhibit Attachment B)(Barrat, Jason) |
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Filing 6
STANDARD CIVIL TRACK INITIAL ORDER: IT IS ORDERED, if not already accomplished prior to the date of this Order, that Plaintiff(s) shall effect service of the Complaint and Summons upon all Defendants no later than 90 days after the filing of the Complaint. IT IS FURTHER ORDERED that the parties must comply with Gen. Ord. No. 17-08 (D. Ariz. Apr. 14, 2017) regarding the mandatory initial discovery responses. IT IS FURTHER ORDERED that Plaintiff shall serve Defendant(s) with a copy of this Order [see attached Order for details]. Signed by Senior Judge James A Teilborg on 9/6/18. (MAW)
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| Filing 5 Summons Issued as to Carbon Cycle Arizona LLC, Carbon Cycle Energy LLC, Carbon Cycle Holdings LLC, Samuel W Grossman, Jerry Kovacich, Tom Mulholland, Carlos E Sala. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons)(MFR). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 4 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (MFR) |
| Filing 3 Filing fee paid, receipt number 0970-15922104. This case has been assigned to the Honorable James A Teilborg. All future pleadings or documents should bear the correct case number: CV-18-02796-PHX-JAT. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (MFR) |
| Filing 2 SUMMONS Submitted by Michael Gary. (Barrat, Jason) (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons)(MFR) |
| Filing 1 COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-15922104 filed by Michael Gary. (Barrat, Jason) (Attachments: #1 Civil Cover Sheet)(MFR) |
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