In re AudioEye, Inc. Sec. Litig.
| Ralph Saczawa, Globis Capital Partners LP, Globis Overseas Fund Limited and Matthew Stapen |
| AudioEye Incorporated, Nathaniel Bradley and Edward O'Donnell |
| Sam Gindi and Glen Alvin Morgan |
| 4:2015cv00163 |
| April 20, 2015 |
| US District Court for the District of Arizona |
| Tucson Division Office |
| XX US, Outside State |
| David C Bury |
| Other Statutes: Securities/Commodities |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 9, 2018. A more recent docket listing may be available from PACER.
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Filing 103
ORDER: IT IS ORDERED that the #101 Motion for an Order to Authorize Distribution of the Net Settlement Fund and to Approve the Proposed Modified Plan of Allocation is GRANTED. (See attached PDF for complete information). Signed by Senior Judge David C Bury on 2/9/18. (BAC)
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Filing 102
DECLARATION of Ira M. Press re: #101 MOTION to Authorize Distribution of Net Settlement Fund and to Approve the Proposed Modified Plan of Allocation by Plaintiffs Globis Capital Partners LP, Globis Overseas Fund Limited. (Attachments: #1 Exhibit 1)(Press, Ira)
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Filing 101
MOTION to Authorize Distribution of Net Settlement Fund and to Approve the Proposed Modified Plan of Allocation by Globis Capital Partners LP, Globis Overseas Fund Limited. (Attachments: #1 Text of Proposed Order)(Press, Ira)
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Filing 100
ORDER AND FINAL JUDGMENT: Lead Plaintiffs' Counsel are HEREBY AWARDED 33 1/3% (thirty-three and one-third percent) of the Gross Settlement Fund for their attorneys' fees, plus accrued interest, which sum the Court finds to be fair and reasonable. Lead Plaintiffs' Counsel are hereby AWARDED $507,825.00, plus accrued interest, in reimbursement of litigation expenses of $26,250.47, which expenses the Courts finds to be have been reasonably incurred. The foregoing amounts shall be paid to Lead Plaintiffs' Counsel from the Gross Settlement Fund, $1,525,000.00 in cash, subject to the terms, conditions, and obligations of the Stipulation, which terms, conditions, and obligations are incorporated herein. It is further Ordered that the Motion for an Award of Attorneys' Fees and Reimbursement of Expenses (Doc. #95 ) and the Motion for Final Approval of the Settlement, Class Certification and Plan of Allocation (Doc. #94 ) are GRANTED. This is the Final Judgment of the Court. This action is closed. Signed by Senior Judge David C Bury on 5/8/2017. (MFR)
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Filing 99
MINUTE ENTRY for Final Settlement Conference held on 5/8/2017 held before Senior Judge David C Bury: granting #94 Motion to Certify Class; granting #94 Motion for Final Approval for Settlement; granting #95 Motion for Attorney Fees. (See attached pdf for complete information). Order and final judgment to follow. (Court Reporter Tracy Jamieson) Hearing held 1:30 p.m. to 1:45 p.m.(MLH)
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Filing 98
REPLY to Response to Motion re: #94 MOTION to Certify Class and Plan of Allocation MOTION for Final Approval of the Settlement and Memorandum of Points and Authorities in Support Thereof, #95 MOTION for Attorney Fees and Reimbursement of Expenses; Memorandum of Points and Authorities in Support Thereof filed by Globis Capital Partners LP, Globis Overseas Fund Limited. (Press, Ira)
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Filing 97
REQUEST re: Notice and Request to Appear Telephonically at May 8th Settlement Hearing by Defendant Edward O'Donnell. (Piekarski, Mendy)
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Filing 96
DECLARATION of Ira M. Press re: #94 MOTION to Certify Class and Plan of Allocation MOTION for Final Approval of the Settlement and Memorandum of Points and Authorities in Support Thereof, #95 MOTION for Attorney Fees and Reimbursement of Expenses; Memorandum of Points and Authorities in Support Thereof by Plaintiffs Globis Capital Partners LP, Globis Overseas Fund Limited. (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)(Press, Ira)
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Filing 95
MOTION for Attorney Fees and Reimbursement of Expenses; Memorandum of Points and Authorities in Support Thereof by Globis Capital Partners LP, Globis Overseas Fund Limited. (Press, Ira)
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Filing 94
MOTION to Certify Class and Plan of Allocation, MOTION for Final Approval of the Settlement and Memorandum of Points and Authorities in Support Thereof by Globis Capital Partners LP, Globis Overseas Fund Limited. (Press, Ira)
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Filing 93
ORDER PRELIMINARILY APPROVING SETTLEMENT AND PROVIDING FOR NOTICE. A hearing (the "Final Settlement Hearing") pursuant to Federal Rule of Civil Procedure 23(e) shall be held before the Court on 5/8/17 at 1:30 p.m. (See attached PDF for complete information). Signed by Senior Judge David C Bury on 1/23/17.(BAC)
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Filing 92
MINUTE ENTRY for Motion Hearing held on 1/23/2017 before Senior Judge David C Bury: Re: #89 MOTION and Memorandum of Points and Authorities in Support of Preliminary Approval of Settlement, Preliminary Certification of Settlement Class, and Establishing Notice Procedures MOTION to Certify Class filed by Globis Capital Partners LP, Globis Overseas Fund Limited. The Court is granting #89 Motion Preliminary Approval of Settlement; granting #89 Motion to Certify Class. Formal order shall follow. APPEARANCES: Ira Michael Press for Plaintiffs. Robert Weber for Defendants Telephonic appearance by Mendy Piekarsji for Defendant Edward O'Donnell. Final Settlement Conference set for 5/8/2017 at 01:30 PM before Senior Judge David C Bury. (Court Reporter Tracy Jamieson) Hearing held 1:30 p.m. to 1:51 p.m. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MLH)
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Filing 91
REQUEST re: Request for Telephonic Appearance at hearing scheduled for 1/23/17 at 1:30 p.m. by Defendant Edward O'Donnell. (Piekarski, Mendy)
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Filing 90
Pursuant to LRCiv 7.2(f) of the Rules of Practice of the United States District Court for the District of Arizona, IT IS ORDERED setting oral argument for re: #89 MOTION and Memorandum of Points and Authorities in Support of Preliminary Approval of Settlement, Preliminary Certification of Settlement Class, and Establishing Notice Procedures filed by Globis Capital Partners LP, Globis Overseas Fund Limited Motion Hearing set for 1/23/2017 at 01:30 PM in Courtroom 6B, 405 West Congress Street, Tucson, AZ 85701 before Senior Judge David C Bury. Counsel should contact the Court by 1/18/17 to appear telephonically. Ordered by Senior Judge David C Bury. (DCB)(This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.)
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Filing 89
* MOTION and Memorandum of Points and Authorities in Support of Preliminary Approval of Settlement, Preliminary Certification of Settlement Class, and Establishing Notice Procedures by Globis Capital Partners LP, Globis Overseas Fund Limited. (Attachments: #1 Exhibit A, #2 Exhibit B)(Press, Ira). *Modified to add motion type on 12/19/2016 (MFR).
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Filing 88
ORDER: the parties should endeavor to file the settlement paperwork on or before December 16, 2016, otherwise a notice to show cause why this action should not be dismissed will issue. Signed by Senior Judge David C Bury on 11/28/16. (KAH)
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Filing 87
ORDER: Based on a Notice of Settlement filed with the Court, all scheduling deadlines and stay of proceedings are vacated. The parties should endeavor to file the settlement paperwork to resolve this class action on or before December 2, 2016. Signed by Senior Judge David C Bury on 8/8/2016. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DCB)
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Filing 86
NOTICE of Settlement by AudioEye Incorporated, Nathaniel Bradley. (Goodman, Aaron)
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Filing 85
ORDER pursuant to #84 Stipulation Extending the Temporary Stay of Proceedings Until After Voluntary Mediation. It is ordered that a STAY of all matters in this action is continued and remains in effect until August 1, 2016, as the parties are engaging in private mediation. It is further ORDERED that, if this matter is not resolved by August 1, 2016, the following case schedule is in place: on or before August 12, 2016, Plaintiff is directed to file a Second Amended Complaint as required in the April 11, 2016 Order (Doc. 81). Signed by Senior Judge David C Bury on 6/30/16. (KAH)
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Filing 84
STIPULATION and Proposed Order re Extending the Temporary Stay of Proceedings Until After Voluntary Mediation by Edward O'Donnell. (Attachments: #1 Text of Proposed Order)(Butler, A)
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Filing 83
ORDER pursuant to #82 Stipulation Temporarily Staying Proceedings Until After Voluntary Mediation. It is Ordered that all proceedings in this matter are stayed until June 30, 2016. Signed by Senior Judge David C Bury on 4/20/2016. (MFR)
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Filing 82
STIPULATION TEMPORARILY STAYING PROCEEDINGS UNTIL AFTER VOLUNTARY MEDIATION by AudioEye Incorporated, Nathaniel Bradley. (Attachments: #1 Proposed Order)(Weber, Robert)
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Filing 81
ORDER that the Motion to Intervene (Doc. #44 ) is Granted in Part and Denied in Part. The motion is granted in that the Lead Plaintiff is directed to file a Second Amended Complaint that includes the Arizona Securities Law violations. It is further Ordered that the pending motions to dismiss (Docs. #64 , #65 )are dismissed as moot without prejudice to refiling after the Second Amended Complaint is filed (see attached Order for complete details). Signed by Senior Judge David C Bury on 4/11/2016.(MFR)
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Filing 80
Additional Attachments to Main Document re: #44 MOTION to Intervene Revised Proposed Order by Movant Matthew Stapen. (Attachments: #1 Text of Proposed Order Revised Proposed Order)(Kim, Phillip)
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Filing 79
MINUTE ENTRY for Motion Hearing held on 4/4/2016 before Senior Judge David C. Bury: Re: #44 MOTION to Intervene filed by Matthew Stapen. Oral arguements heard. The Court is taking under advisement #44 Motion to Intervene. Formal order shall follow. APPEARANCES: Telephonic appearance by Mark Strauss for Plaintiffs. A Bates Butler III present and Telephonic appearance by Mendy Piekarski for Defendant Edward O'Donnell. Present Phillip Kim and Richard Glenn Himelrick for Movant Matthew Stapen. (Court Reporter Cindy Shearman) Hearing held 2:00 PM to 2:23 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MLH)
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Filing 78
ORDER pursuant to General Order 09-08 terminating #68 Motion for Admission Pro Hac Vice; granting #77 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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PRO HAC VICE FEE PAID. $ 35, receipt number PHX170297 as to Phillip Kim. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Filing 77
MOTION for Admission Pro Hac Vice as to attorney Phillip Kim by Matthew Stapen. (Attachments: #1 Federal Certificate of Good Standing)(Kim, Phillip)
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Filing 76
DECLARATION of Mark Strauss re: #64 MOTION to Dismiss Case , #65 MOTION to Dismiss Case , in Opposition. filed by Globis Capital Partners LP, Globis Overseas Fund Limited. (Attachments: #1 Exhibit 1)(Friedman, Andrew)
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Filing 75
RESPONSE in Opposition re: #64 MOTION to Dismiss Case , #65 MOTION to Dismiss Case filed by Globis Capital Partners LP, Globis Overseas Fund Limited. (Friedman, Andrew)
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Filing 74
ORDER pursuant to General Order 09-08 granting #73 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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PRO HAC VICE FEE PAID. $ 35, receipt number PHX169262 as to Marc J Ross. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Filing 73
MOTION for Admission Pro Hac Vice as to attorney Marc J Ross on behalf of Edward O'Donnell. (BAS)
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Filing 72
Due to a conflict in the Court's calendar, IT IS ORDERED the motion hearing for #44 Motion to Intervene filed by Matthew Stapen presently set for 4/5/2016 at 1:30 p.m., is VACATED and RESET. Motion Hearing set for 4/4/2016 at 02:00 PM in Courtroom 6B, 405 West Congress Street, Tucson, AZ 85701 before Senior Judge David C Bury. Please notify the Court if you prefer to appear telephonically. Ordered by Senior Judge David C Bury. (DCB)(This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.)
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Filing 71
REPLY to Response to Motion re: #44 MOTION to Intervene filed by Matthew Stapen. (Himelrick, Richard)
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Filing 70
NOTICE re: Request for Telephonic Appearance by Edward O'Donnell re: 63 Set Oral Argument. (Piekarski, Mendy)
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Filing 69
NOTICE TO FILER OF DEFICIENCY re: #68 MOTION for Admission Pro Hac Vice as to attorney Phillip Kim filed by Matthew Stapen. Pro Hac Vice motion submitted with state court certificate of good standing. FOLLOW-UP ACTION REQUIRED: Please resubmit motion with original certificates of good standing from a federal court. FOLLOW-UP ACTION REQUIRED: Please refile corrected document. Deficiency must be corrected within seven business days of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Filing 68
MOTION for Admission Pro Hac Vice as to attorney Phillip Kim by Matthew Stapen. (Attachments: #1 Certificate of good standing)(Kim, Phillip)
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Filing 67
NOTICE re: Request for Telephonic Appearance by Globis Capital Partners LP, Globis Overseas Fund Limited . (Friedman, Andrew)
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Filing 66
NOTICE re: and Request for Telephonic Appearance by AudioEye Incorporated, Nathaniel Bradley re: 63 Set Oral Argument . (Goodman, Aaron)
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Filing 65
MOTION to Dismiss Case by AudioEye Incorporated, Nathaniel Bradley. (Attachments: #1 Memorandum of Points and Authorities, #2 Request for Judicial Notice, #3 Declaration of Robert D. Weber Supporting Motion)(Weber, Robert)
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Filing 64
*MOTION to Dismiss Case by Edward O'Donnell. (Attachments: #1 Memorandum of Law in Support of Defendant Edward O'Donnell's Motion to Dismiss, #2 Declaration: Exhibit 1, #3 Declaration: Exhibit 2, #4 Declaration: Exhibit 3, #5 Declaration: Exhibit 4, #6 Declaration: Exhibit 5, #7 Declaration: Exhibit 6, #8 Declaration: Exhibit 7, #9 Declaration of Mendy Piekarski in Support of Edward O'Donnell's Motion to Dismiss(Butler, A) *Modified to correct title of attachment 1 on 2/5/2016 (DLC). *Modified to correct title of attachments 2-9 on 2/8/2016 (DLC).
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Filing 63
Pursuant to LRCiv 7.2(f) of the Rules of Practice of the United States District Court for the District of Arizona, IT IS ORDERED setting oral argument for re: #44 MOTION to Intervene filed by Matthew Stapen Motion Hearing set for 4/5/2016 at 01:30 PM (AZ time) in Courtroom 6B, 405 West Congress Street, Tucson, AZ 85701 before Senior Judge David C Bury. Any party interested in appearing telephonically should file a written notice with the Court by March 28, 2016 and the Court will provide you with the information to participate telephonically. Ordered by Senior Judge David C Bury. (DCB, cl)(This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.)
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Filing 62
RESPONSE in Opposition re: #44 MOTION to Intervene filed by AudioEye Incorporated, Nathaniel Bradley. (Weber, Robert)
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Filing 61
ORDER, Defendants shall answer or otherwise respond to the consolidated amended class action complaint by February 5, 2016. Plaintiffs shall file any opposition papers by March 18, 2016. Defendants shall file any reply papers by April 18, 2016. Signed by Senior Judge David C Bury on 2/1/16. (KAH)
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Filing 60
ORDER granting #54 Stipulation : written order to follow. Signed by Senior Judge David C Bury on 2/2/2016. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DCB)
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Filing 59
RESPONSE in Opposition re: #44 MOTION to Intervene Defendant Edward O'Donnell's Response Brief in Opposition to Matthew Stapen's Motion to Intervene filed by Edward O'Donnell. (Butler, A)
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Filing 58
DECLARATION of Mark A. Strauss re: #57 Response in Opposition to Motion, #44 MOTION to Intervene . filed by Globis Capital Partners LP, Globis Overseas Fund Limited. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Friedman, Andrew)
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Filing 57
RESPONSE in Opposition re: #44 MOTION to Intervene filed by Globis Capital Partners LP, Globis Overseas Fund Limited. (Friedman, Andrew)
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Filing 56
ORDER pursuant to General Order 09-08 granting #55 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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PRO HAC VICE FEE PAID. $ 35, receipt number PHX167973 as to Mendy Piekarski. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Filing 55
MOTION for Admission Pro Hac Vice as to attorney Mendy Piekarski on behalf of Edward O'Donnell. (BAS)
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Filing 54
STIPULATION re: #41 Amended Complaint Modifying Schedule for Briefing on Motion to Dismiss by AudioEye Incorporated, Nathaniel Bradley. (Attachments: #1 Text of Proposed Order)(Goodman, Aaron)
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Filing 53
ORDER granting #50 Stipulation to Exceed Page Limit for Briefing on Motions to Dismiss filed by Edward O'Donnell (see attached Order for complete details). Signed by Senior Judge David C Bury on 1/26/2016. (MFR)
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Filing 52
STIPULATION ON BRIEFING MOTION TO INTERVENE: It is Ordered adopting the following briefing schedule for the Motion to Intervene (Doc. #44 ): Any opposition papers shall be filed on or before February 2, 2016 and any reply papers shall be filed on or before February 19, 2016. Signed by Senior Judge David C Bury on 1/26/2016. (MFR)
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Filing 51
ORDER granting #47 Stipulation, #50 Stipulation. Formal Orders to follow. Signed by Senior Judge David C Bury on 1/25/2016. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DCB)
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Filing 50
STIPULATION and (Proposed) Order Exceeding Page Limit for Briefing on Motions to Dismiss by Edward O'Donnell. (Attachments: #1 Text of Proposed Order)(Butler, A)
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Filing 49
ORDER, re: #44 MOTION to Intervene. Any opposition papers shall be filed on or before February 2, 2016. Any reply papers shall be filed on or before February 19, 2016. Signed by Senior Judge David C Bury on 1/6/16. (KAH)
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Filing 48
*NOTICE of Appearance by A Bates Butler, III on behalf of Edward O'Donnell. (Butler, A) *Modified to correct attorney representation for Defendant Edward O'Donnell on 1/7/2016 (MFR).
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Filing 47
STIPULATION re: #44 MOTION to Intervene by Globis Capital Partners LP, Globis Overseas Fund Limited. (Attachments: #1 Text of Proposed Order)(Friedman, Andrew)
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Filing 46
ORDER establishing schedule for filing of consolidated amended complaint and briefing on motion(s) to dismiss. Plaintiffs shall file their consolidated amended class action complaint on or before November 30, 2015. Defendants shall answer or otherwise respond to the consolidated amended class action complaint by January 29, 2016. Plaintiffs shall file any opposition papers by March 4, 2016. Defendants shall file any reply papers by April 4, 2016. Signed by Senior Judge David C Bury on 1/5/16. (KAH)
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Filing 45
DECLARATION of Richard G. Himelrick in Support of re: #44 MOTION to Intervene by Movant Matthew Stapen. (Attachments: #1 Exhibit 1)(Himelrick, Richard)
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Filing 44
MOTION to Intervene by Matthew Stapen. (Attachments: #1 Text of Proposed Order)(Himelrick, Richard)
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Filing 43
ORDER granting #42 Stipulation, hard copy of Order to follow. Signed by Senior Judge David C Bury on 12/21/2015. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DCB)
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Filing 42
STIPULATION Establishing Schedule for Filing of Consolidated Amended Complaint and Briefing on Motion(s) to Dismiss by Globis Capital Partners LP, Globis Overseas Fund Limited. (Attachments: #1 Text of Proposed Order)(Friedman, Andrew)
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Filing 41
AMENDED COMPLAINT against AudioEye Incorporated, Nathaniel Bradley, Edward O'Donnell filed by Globis Overseas Fund Limited, Globis Capital Partners LP.(Strauss, Mark)
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Filing 40
ORDER pursuant to General Order 09-08 granting #39 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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PRO HAC VICE FEE PAID. $ 35, receipt number PHX164631 as to Mark A Strauss. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Filing 39
MOTION for Admission Pro Hac Vice as to attorney Mark A Strauss on behalf of Globis Capital Partners LP, and Globis Overseas Fund Limited. (BAS)
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Filing 38
ORDER pursuant to General Order 09-08 granting #36 Motion for Admission Pro Hac Vice; granting #37 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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PRO HAC VICE FEE PAID. $ 70, receipt number TUC022992 as to Perrie M Weiner, Robert Weber. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Filing 37
MOTION for Admission Pro Hac Vice as to attorney Robert Weber on behalf of AudioEye Incorporated and Nathaniel Bradley. (BAS)
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Filing 36
MOTION for Admission Pro Hac Vice as to attorney Perrie Weiner on behalf of AudioEye Incorporated and Nathaniel Bradley. (BAS)
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Filing 35
ORDER that the Clerk's Office is directed to correct the docket to reflect that the motions at Docs. #8 , #9 , #10 , and #13 are divided into three parts: consolidation, appointment of lead plaintiff, and appointment of lead counsel. All consolidation motions were granted previously by the Court. (Doc. #19 ). It is further Ordered that the motions for lead plaintiff and lead counsel (Doc. #9 , #10 ) are withdrawn and denied as moot. It is further Ordered that the Plaintiffs Saczawa/Gindi's motion for appointment of lead plaintiff/counsel (Doc. #8 ) is DENIED and the Plaintiffs Globis' motion for appointment of lead plaintiff/counsel (Doc. #13 ) is granted. Globis Capital Partners LP and Globis Overseas Fund Ltd. are appointed lead plaintiffs and their chosen counsel are appointed as lead attorneys in this action: Kirby McInerney LLP and Bonnett Fairbourn Friedman & Balint (liaison).. Signed by Senior Judge David C Bury on 7/31/2015.(MFR)
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Filing 34
MINUTE ENTRY for proceedings held before Senior Judge David C Bury: Motion Hearing held on 7/21/2015. Oral arguements by telephone conference call heard on the motions for appointment of lead plaintiff and lead counsel. Court has taken motions under advisement. Formal order shall follow. APPEARANCES: Telephonic appearance by Andrei Rado for Plaintiff Ralph Scazawa. Telephonic appearance by Eugene Goldsmith for Plaintiff Ralph Saczawa and Movant Sam Gindi. Telephonic appearance by Ira Press for Globis Capital/Globis Overseas Fund. Telephonic appearance by Aaron Goodman for Defendants AudioEye, Inc., Bradley, O'Donnell. Telephonic appearance by Robert Weber to file notice of Pro Hac Vice for Defendant. (Court Reporter Cindy Shearman.) Hearing held 1:00 PM to 2:00 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MLH)
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Filing 33
NOTICE of Appearance by Eugene N Goldsmith on behalf of Sam Gindi, Ralph Saczawa. (Goldsmith, Eugene)
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Filing 32
NOTICE of Appearance by Ira Michael Press on behalf of Globis Capital Partners LP, Globis Overseas Fund Limited. (Press, Ira)
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Filing 31
*NOTICE of Appearance by Aaron Trachtman Goodman on behalf of AudioEye Incorporated, Nathaniel Bradley. (Goodman, Aaron) *Modified to add attorney Mark A. Nadeau on 7/15/2015 (MFR).
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Filing 30
DECLARATION of Ira M. Press re: #29 Reply to Response to Motion for Lead Plaintiff Appointment by Movants Globis Capital Partners LP, Globis Overseas Fund Limited. (Attachments: #1 Exhibit 1-3)(Friedman, Andrew)
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Filing 29
REPLY to Response to Motion re: #13 MOTION to Consolidate Cases Appointment as Lead Plaintiff and Approval of Lead Counsel and Liaison Counsel filed by Globis Capital Partners LP, Globis Overseas Fund Limited. (Friedman, Andrew)
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Filing 28
REPLY to Response to Motion re: #8 MOTION to Consolidate Cases , For Lead Plaintiffs Appointment and For Approval of Their Selection of Lead and Liaison Counsel filed by Sam Gindi, Ralph Saczawa. (Goldsmith, Eugene)
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Filing 27
NOTICE re: Non-Opposition to Lead Plaintiff Motions by Matthew Stapen . (Himelrick, Richard)
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Filing 26
ORDER pursuant to General Order 09-08 granting #25 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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Filing 25
MOTION for Admission Pro Hac Vice as to attorney Andrei Rado on behalf of Ralph Saczawa. (BAS)
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PRO HAC VICE FEE PAID. $ 35, receipt number PHX160554 as to Andrei V Rado. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Filing 24
NOTICE re: of Non-Opposition to the Motions to Consolidate of the Actions, Appointment as Lead Plaintiff, and Approval of Selection of Lead Counsel by Glen Alvin Morgan . (Zwillinger, Scott)
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Filing 23
DECLARATION of Ira M. Press re: #22 Response in Opposition to Motion (Competing) for Lead Plaintiff Appointment by Movants Globis Capital Partners LP, Globis Overseas Fund Limited. (Attachments: #1 Exhibit A & B)(Friedman, Andrew)
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Filing 22
RESPONSE in Opposition re: #10 MOTION to Consolidate Cases ; Appoint Lead Plaintiff; and Approve Lead Plaintiff's Selection of Counsel, #8 MOTION to Consolidate Cases , For Lead Plaintiffs Appointment and For Approval of Their Selection of Lead and Liaison Counsel, #9 MOTION to Consolidate Cases filed by Globis Capital Partners LP, Globis Overseas Fund Limited. (Friedman, Andrew)
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Filing 21
DECLARATION of Andrei V. Rado re: #20 Response in Opposition to Motion for Lead Plaintiff Appointment and for Approval of Lead Counsel. filed by Sam Gindi, Ralph Saczawa. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Goldsmith, Eugene)
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Filing 20
RESPONSE in Opposition re: #10 MOTION to Consolidate Cases ; Appoint Lead Plaintiff; and Approve Lead Plaintiff's Selection of Counsel, #9 MOTION to Consolidate Cases , #13 MOTION to Consolidate Cases Appointment as Lead Plaintiff and Approval of Lead Counsel and Liaison Counsel filed by Sam Gindi, Ralph Saczawa. (Goldsmith, Eugene)
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Filing 19
ORDER that all pending motions for consolidation are GRANTED. A Master File is established for this proceeding. The Master File shall be CV-15-00163-TUC- DCB. The Clerk shall file all pleadings in the Master File and note such filings on the Master Docket. The caption for the Consolidated Action is changed to: In re AudioEye, Inc. Sec. Litig., No. CV-15-00163-TUC-DCB. Oral argument by telephone conference call on the motions for appointment of lead plaintiff and lead counsel is set for July 21, 2015 at 1:00 p.m. (AZ). Counsel should file a notice of appearance with contact information for that date on or before July 17, 2015. Counsel may also appear in person. Signed by Senior Judge David C Bury on 7/1/2015. (Associated Cases: 4:15-cv-00163-DCB, 2:15-cv-00673-DLR) (MFR)
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Filing 18
ORDER pursuant to General Order 09-08 granting #17 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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Filing 17
MOTION for Admission Pro Hac Vice as to attorney Ira M Press on behalf of Globis Capital Partners, L.P., and Globis Overseas Fund, Ltd.. (BAS)
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PRO HAC VICE FEE PAID. $ 35, receipt number PHX159900 as to Ira Michael Press. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Filing 16
MINUTE ENTRY for proceedings held before Senior Judge David C Bury: Telephone Conference held on 6/16/2015. All parties will confer and attempt to reach a stipulated agreement resolving the pending motions to consolidate which will be filed with the Court on or before June 29, 2015. Otherwise the parties should notify the Court by this date that a ruling is required. Hearing held 2:30pm to 2:45pm. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DCB, cl)
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Filing 15
Pursuant to LRCiv 7.2(f) of the Rules of Practice of the United States District Court for the District of Arizona, IT IS ORDERED setting oral argument for re: #9 MOTION to Consolidate Cases filed by Glen Alvin Morgan, #13 MOTION to Consolidate Cases Appointment as Lead Plaintiff and Approval of Lead Counsel and Liaison Counsel filed by Globis Overseas Fund, Ltd., Globis Capital Partners, L.P., #11 MOTION to Consolidate Cases Memorandum of Points and Authorities in Support of Motion to: (1) Consolidate Related Actions; (2) Appoint Lead Plaintiff; and (3) Approve Lead Plaintiff's Selection of Counsel filed by Matthew Stapen, #8 MOTION to Consolidate Cases , For Lead Plaintiffs Appointment and For Approval of Their Selection of Lead and Liaison Counsel filed by Sam Gindi, Ralph Saczawa, #10 MOTION to Consolidate Cases ; Appoint Lead Plaintiff; and Approve Lead Plaintiff's Selection of Counsel filed by Matthew Stapen, #12 MOTION to Consolidate Cases Declaration of Richard G. Himelrick in Support of Motion to: (1) Consolidate Related Actions; (2) Appoint Lead Plaintiff; and (3) Approve Lead Plaintiffs' Selection of Counsel filed by Matthew Stapen Motion Hearing set for 6/16/2015 at 02:30PM (AZ time) before Senior Judge David C Bury's law clerk, Cynthia Lorge, by telephone conference call to be initiated by Eugene Goldsmith, Esq., to (520)205-4560 with all appropriate counsel on the line. Ordered by Senior Judge David C Bury. (DCB, cl)(This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.)
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Filing 14
DECLARATION of Ira M. Press re: #13 MOTION to Consolidate Cases Appointment as Lead Plaintiff and Approval of Lead Counsel and Liaison Counsel by Movants Globis Capital Partners, L.P., Globis Overseas Fund, Ltd.. (Attachments: #1 Exhibit 1-5)(Friedman, Andrew)
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Filing 13
*MOTION to Consolidate Cases Appointment as Lead Plaintiff and Approval of Lead Counsel and Liaison Counsel by Globis Capital Partners, L.P., Globis Overseas Fund, Ltd.. (Attachments: #1 Text of Proposed Order) (Associated Cases: CV-15-00163-TUC-DCB,CV-15-00673-PHX-DLR) (Friedman, Andrew). *Modified to add motion types on 8/3/2015 (MFR).
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Filing 12
*Declaration of Richard G. Himelrick in Support of #10 Motion to: (1) Consolidate Related Actions; (2) Appoint Lead Plaintiff; and (3) Approve Lead Plaintiffs' Selection of Counsel by Matthew Stapen. (Attachments: #1 Exhibit 1-5) (Associated Cases: CV-15-00673-PHX-DLR,CV-15-00163-TUC-DCB) (Himelrick, Richard) *Modified to correct event type on 6/16/2015 (MFR).
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Filing 11
*Memorandum of Points and Authorities in Support of #10 Motion to: (1) Consolidate Related Actions; (2) Appoint Lead Plaintiff; and (3) Approve Lead Plaintiff's Selection of Counsel by Matthew Stapen. (Associated Cases: CV-15-00673-PHX-DLR,CV-15-00163-TUC-DCB) (Himelrick, Richard) *Modified to correct event type on 6/16/2015 (MFR).
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Filing 10
*MOTION to Consolidate Cases ; WITHDRAWN BY DOC. #35 Appoint Lead Plaintiff; and Approve Lead Plaintiff's Selection of Counsel by Matthew Stapen. (Attachments: #1 Text of Proposed Order) (Associated Cases: CV-15-00673-PHX-DLR,CV-15-00163-TUC-DCB) (Himelrick, Richard). *Modified to add motion types on 8/3/2015 (MFR).
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Filing 9
*MOTION to Consolidate Cases , WITHDRAWN BY DOC. #35 Motion to Appoint Lead Plaintiff, Motion to Appoint Lead Counsel by Glen Alvin Morgan. (Attachments: #1 Declaration of Scott H. Zwillinger in Support of Motion, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Text of Proposed Order) (Associated Cases: CV-15-00673-PHX-DLR) (Zwillinger, Scott). *Modified to add motion types on 8/3/2015 (MFR).
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Filing 8
*MOTION to Consolidate Cases , For Lead Plaintiffs Appointment and For Approval of Their Selection of Lead and Liaison Counsel by Ralph Saczawa, Sam Gindi. (Attachments: #1 Memorandum of Law, #2 Declaration of Andrei V. Rado, #3 Exhibits to Declaration of Andrei V. Rado, #4 Text of Proposed Order) (Associated Cases: CV-15-00163-TUC-DCB,CV-15-00673-PHX-DLR) (Goldsmith, Eugene). *Modified to add motion types on 8/3/2015 (MFR).
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Filing 7
SERVICE EXECUTED filed by Ralph Saczawa: Certificate of Service re: Complaint and Summons upon Nathaniel Bradley on 04/27/15. (Goldsmith, Eugene)
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Filing 6
SERVICE EXECUTED filed by Ralph Saczawa: Certificate of Service re: Complaint and Summons upon AudioEye, Inc. on 04/29/15. (Goldsmith, Eugene)
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Filing 5
Summons Issued as to AudioEye Incorporated, Nathaniel Bradley, Edward O'Donnell. (Attachments: #1 Summons, #2 Summons)(DLC). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
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Filing 4
*SUMMONS Submitted by Plaintiff Ralph Saczawa. (Attachments: #1 Summons, #2 Summons)(Goldsmith, Eugene) *Modified to correct event type on 4/21/2015 (MFR).
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Filing 3
NOTICE TO FILER OF DEFICIENCY re: #1 Complaint filed by Ralph Saczawa. Pursuant to the Electronic Case Filing Administrative Policies and Procedures Manual Section II(B), attorneys are required to submit the automated Civil Cover Sheet when filing a new case. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DLC)
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Filing 2
Filing fee paid, receipt number 0970-11584964. This case has been assigned to the Honorable David C Bury. All future pleadings or documents should bear the correct case number: 4:15-CV-00163-TUC-DCB. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (DLC)
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Filing 1
COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-11584964 filed by Ralph Saczawa. (Goldsmith, Eugene) (Attachments: #1 Civil Cover Sheet, #2 Certification)(DLC)
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