Neil F. Luria vs. 24/7 Call Capture, LLC
| Neil F Luria |
| 24/7 Call Capture LLC |
| Paul Wolff |
| Taylor Bean and Whitaker Mortgage Corp et al |
| 2:2014cv06855 |
| September 3, 2014 |
| US District Court for the Central District of California |
| Jacqueline Chooljian |
| George H King |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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This docket was last retrieved on June 8, 2015. A more recent docket listing may be available from PACER.
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| Filing 39 MINUTES OF TELEPHONIC CONFERENCE RE: POST-JUDGMENT EXAMINATION OF THIRD PARTY WITNESS; ORDER APPROVING STIPULATION TO CONTINUE EXAMINATION; ORDER DENYING EX PARTE APPLICATION AS MOOT (DOCKET NO. #36 ) Telephone Conference held before Magistrate Judge Jacqueline Chooljian.1. The second session of examination under oath of Paul Wolff by the Trustee, previously scheduled for June 10, 2015 pursuant to the agreement of the Parties and memorialized in this Court's Order dated April 17, 2015, Docket No. 35, is hereby continued to be taken on July15, 2015, at the law offices of Baker & Hostetler, 11601 Wilshire Boulevard, Suite 1400, Los Angeles, California 90025, commencing at 11:00 a.m. and continuing for not more than two hours of testimony. See order for further details.Tape #: C/S 6/8/15. (hr) |
| Filing 38 OPPOSITION to EX PARTE APPLICATION to Continue from June 10, 2015 to July 7, 2015 #36 filed by Movant Paul Wolff. (Yaspan, Robert) |
Filing 37
MINUTE ORDER (IN CHAMBERS) (1) DIRECTING THIRD PARTY WITNESS PAUL WOLFF TO FILE RESPONSE TO PLAINTIFF'S EX PARTE APPLICATION; AND (2) DIRECTING CLERK TO SERVE COUNSEL FOR THIRD PARTY WITNESS WITH ORDER by Magistrate Judge Jacqueline Chooljian: 1. Third party witness Paul Wolff, who has appeared through attorney Robert M. Yaspan in this action, is ordered to file a response to Plaintiff's Ex Parte Application for Order Continuing Date for Examination of Paul Wolff Regarding Enforcement of Judgment (Second Session) by not later than 2:00 p.m. on June 8, 2015. 2. The Clerk is directed electronically to serve a copy of this order on Wolff's counsel of record (as well as on counsel of record for the parties who have appeared in this action). (hr)
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| Filing 36 EX PARTE APPLICATION to Continue from June 10, 2015 to July 7, 2015 filed by Plaintiff Neil F Luria, Taylor Bean and Whitaker Mortgage Corp et al. (Attachments: #1 Declaration of C. Dennis Loomis in Support of Plaintiff's Ex Parte Application for Order Continuing Date for Examination of Paul Wolff Regarding Enforcement of Judgment (Second Session) and Re: Notice of Ex Parte Application, #2 Exhibit 1 through 5, #3 Proposed Order)(Loomis, C) |
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Filing 35
ORDER APPROVING STIPULATION TO CONTINUE SECOND SESSION OF EXAMINATION OF PAUL WOLFF REGARDING ENFORCEMENT OF JUDGMENT by Magistrate Judge Jacqueline Chooljian, re Stipulation to Continue, #34 . 1. The second session of examination under oath of Paul Wolff by the Trustee, previously scheduled for April 20, 2015 is hereby continued to be taken on June 10, 2015, commencing at 12:00 p.m. at the law offices of Baker & Hostetler, 11601 Wilshire Boulevard, Suite 1400, Los Angeles, California 90025. See order for details. (hr)
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| Filing 34 STIPULATION to Continue from April 20, 2015 to June 10, 2015 filed by Plaintiff Neil F Luria. (Attachments: #1 Proposed Order Approving Stipulation to Continue Second Session of Examination of Paul Wolff Regarding Enforcement of Judgment)(Loomis, C) |
| Filing 33 MINUTES OF Judgment Debtor Exam held before Magistrate Judge Jacqueline Chooljian: An examination of third party Paul Wolff on behalf of plaintiff and judgment creditor Neil F. Luria in his capacity as Trustee to the Taylor Bean & Whitaker Plan Trust was scheduled for March 3, 2015, at 10:00 a.m. Paul Wolff was present and sworn. The parties were dismissed to conduct the exam. The parties requested the Judgment Debtor Exam be continued for further examination. The request was granted and the matter was continued to April 20, 2015 at 11:30 a.m. at the office of creditor's counsel, C. Dennis Loomis, 11601 Wilshire Blvd., Suite 1400, Los Angeles, CA 90025. The Court directed Mr. Wolff to appear at the aforementioned address on such date and time for an additional examination of no more than two hours. The Court advised Mr. Wolff that he would remain under oath. The parties were directed to contact the Clerk at (213) 894-2921 upon the conclusion of the examination. Tape #: C/S 03/03/15. (hr) |
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Filing 32
ORDER APPROVING STIPULATION OF TRUSTEE, 24/7 CALL CAPTURE LLC AND PAUL WOLFF FOR: (1) PRODUCTION OF 24/7 BUSINESS RECORDS AND (2) CONTINUED EXAMINATION OF PAUL WOLFF PURSUANT TO ORDER FOR EXAMINATION by Magistrate Judge Jacqueline Chooljian, re Stipulation to Continue, #31 . 1. The examination of third party Paul Wolff on behalf of plaintiff and judgment creditor Neil F. Luria in his capacity as Trustee to the Taylor Bean & Whitaker Plan Trust (the "Trustee") to furnish information to aid in enforcement of a money judgment against defendant and judgment debtor 24/7 CALL CAPTURE, LLC ("24/7"), currently scheduled pursuant to the Courts Second Amended Order to Appear (Docket No. 20) to take place before the Honorable Jacqueline Chooljian on February 3, 2015, shall be continued to March 3, 2015, commencing at 10:00 a.m., in Courtroom 20 3rd Floor, of the United States Courthouse for the Central District of California, located at 312 N. Spring Street, Los Angeles, California. 2. Except as rescheduled by this Order and as limited by the Court's Order dated January 23, 2015 (Docket No. 30) granting in part the Motion of Paul Wolff for Protective Order, the examination of Mr. Wolff shall proceed in accordance with the Second Amended Order to Appear [SEE ORDER FOR FURTHER DETAILS]. (hr)
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| Filing 31 STIPULATION to Continue from February 3, 2015 to March 3, 2015 Re: Order on Application for Order,, #20 filed by Plaintiff Neil F Luria, Taylor Bean and Whitaker Mortgage Corp et al. (Attachments: #1 Exhibit 1, #2 Proposed Order)(Loomis, C) |
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Filing 30
MINUTES (IN CHAMBERS) ORDER (1) SUBMITTING AND VACATING HEARING ON MOTION OF PAUL WOLFF; (2) GRANTING MOTION IN PART AND DENYING MOTION IN PART (DOCKET NO. #23 ); AND (3) DENYING PLAINTIFF'S EX PARTE APPLICATION (DOCKET NO. #28 ) by Magistrate Judge Jacqueline Chooljian: First, the Court denies the Motion to the extent it seeks to quash the December 8, 2014 order directing the Movant to appear for an examination on February 3, 2015 at 9:30 a.m. While the Movant may well be correct that the issuance of such order would not have been appropriate under California Code of Civil Procedure Section 708.120, here, compliance with such provision was not necessary as such order was obtained in a manner otherwise consistent with Rule 69 and sufficient admissible evidence was presented/then judicially noticeable to support its issuance thereunder. Second, based upon the above-referenced authorities and the evidence before the Court, the Court grants in part and denies in part the Motion to the extent it seeks a protective order. See order for further details. (hr)
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| Filing 29 REPLY Reply of Paul Wolff to Application of Plaintiff for Leave to File Sur-Reply to Motion to Quash EX PARTE APPLICATION for Leave Plaintiff's Ex Parte Application for Leave to File Declaration of Kristopher Aungst, Esq. as Sur-Reply to Declaration of Thomas Cartwright, Esq. Submitted with Reply of Moving Party Paul Wolff in Support of Moti #28 filed by Unknown Paul Wolff. (Yaspan, Robert) |
| Filing 28 EX PARTE APPLICATION for Leave Plaintiff's Ex Parte Application for Leave to File Declaration of Kristopher Aungst, Esq. as Sur-Reply to Declaration of Thomas Cartwright, Esq. Submitted with Reply of Moving Party Paul Wolff in Support of Motion to Quash Order for Examination filed by Plaintiff Neil F Luria, Taylor Bean and Whitaker Mortgage Corp et al. (Attachments: #1 Exhibit Exhibit A to Ex Parte Application for Leave to File Sur-Reply - Declaration of Kristopher E. Aungst, #2 Declaration Declaration of C. Dennis Loomis of Notice of Ex Parte Application for Leave to File Sur-Reply, #3 Exhibit Exhibit 1 to Declaration of C. Dennis Loomis, #4 Proposed Order (Proposed) Order Granting Plainitiff's Ex Parte Application for Leave to File Sur-Reply)(Loomis, C) |
| Filing 27 REPLY Reply to Oppostion filed by Unknown Paul Wolff. (Attachments: #1 Supplement Paul Wolff's Evidentiary Objections to Declaration of C. Dennis Loomis in Opposition to Motion of Paul Wolff to Quash Second Amended Order to Appear for Examination, #2 Supplement Paul Wolff's Evidentiary Objections to Declaration of James M. Black Jr., #3 Supplement Paul Wolff's Evidentiary Objections to Declaration of Donald A. Workman in Opposition to Motion of Paul Wolff to Quash Second Amended Order to Appear for Examination, #4 Supplement Paul Wolff's Objections to Request for Judicial Notice in Opposition to Motion of Paul Wolff to Quash Second Amended Order to Appear for Examination, #5 Declaration Supplemental Declaration of Paul Wolff in Support of Motion of Paul Wolff to Quash Second Amended Order to Appear, #6 Declaration Declaration of Thomas Cartwright Esq. in Support of Motion of Paul Wolff to Quash, #7 Declaration Declaration of Ron Bishow in Support of Motion to Quash)(Yaspan, Robert) |
| Filing 26 REQUEST FOR JUDICIAL NOTICE in Opposition to Motion of Paul Wolff to Quash Second Amended Order to Appear for Examination filed by Plaintiff Neil F Luria, Taylor Bean and Whitaker Mortgage Corp et al. (Attachments: #1 Exhibit 1 - 6)(Loomis, C) |
| Filing 25 MEMORANDUM of Points and Authorities in Opposition to Paul Wolff's Motion to Quash Re: MOTION to Quash Amended Order to Appear for Examination ( Third Person), or in the Alternative, for Protective Order to Limit the Scope of the Examination by Neil F. Luria, as Trustee to the Taylor Bean & Whitaker Plan Trust: Memorandum of Points and #23 (Attachments: #1 Declaration of James Black, Jr., #2 Exhibit A - B, #3 Declaration of Donald A. Workman, #4 Declaration of C. Dennis Loomis)(Loomis, C) |
| Filing 24 NOTICE OF ERRATA filed by Unknown Paul Wolff. correcting MOTION to Quash Amended Order to Appear for Examination ( Third Person), or in the Alternative, for Protective Order to Limit the Scope of the Examination by Neil F. Luria, as Trustee to the Taylor Bean & Whitaker Plan Trust: Memorandum of Points and #23 Notice of Errata to Declaration of Paul Wolff (Attachments: #1 Exhibit Exhibit A)(Yaspan, Robert) |
| Filing 23 NOTICE OF MOTION AND MOTION to Quash Amended Order to Appear for Examination ( Third Person), or in the Alternative, for Protective Order to Limit the Scope of the Examination by Neil F. Luria, as Trustee to the Taylor Bean & Whitaker Plan Trust: Memorandum of Points and Authorites filed by Non Party Respondent Paul Wolff. Motion set for hearing on 1/27/2015 at 09:30 AM before Magistrate Judge Jacqueline Chooljian. (Attachments: #1 Declaration Declaration of Paul Wolff, #2 Declaration Declaration of Sheldon Wolff, #3 Declaration Declaration of Robert Yaspan, #4 Exhibit Exhibit 4 to Declaration of Robert Yaspan, #5 Exhibit Exhibit 5 to Declaration of Robert Yaspan, #6 Supplement Request for Judicial Notice, #7 Exhibit Exhibit 1 to Request for Judicial Notice, #8 Exhibit Exhibit 2 to Request for Judicial Notice, #9 Exhibit Exhibit 3 to Request for Judicial Notice, #10 Supplement Evidentiary Objections to Declaration of Dennis Loomis, #11 Supplement Evidentiary Objections to Amended Declaration of Donald A. Workman, #12 Proposed Order Proposed Order re Motion of Paul Wolff to Quash Second Amended Order to Appear for Examination)(Attorney Robert M Yaspan added to party Paul Wolff(pty:unk))(Yaspan, Robert) |
| Filing 22 Proof OF SERVICE Neil F Luria, Taylor Bean and Whitaker Mortgage Corp et al, re Order on Application for Order,, #20 Proof of Personal Service of Second Amended Order to Appear for Examination Regarding Enforcement of Judgment (Third Person) and Mileage Fee Check on Paul Wolff (Salehpour, Morvareed) |
| Filing 21 Proof OF SERVICE Neil F Luria, Taylor Bean and Whitaker Mortgage Corp et al, re Order on Application for Order,, #20 Proof of Service by Mail of Second Amended Order to Appear for Examination Regarding Enforcement of Judgment (Third Person) on Tech Call Systems, LLC fka 24/7 Call Capture (Salehpour, Morvareed) |
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Filing 20
ORDER TO APPEAR FOR EXAMINATION REGARDING ENFORCEMENT OF JUDGMENT (THIRD PERSON) by Magistrate Judge Jacqueline Chooljian: granting #19 Application for Order. PAUL WOLFF, YOU ARE ORDERED TO APPEAR personally before the Honorable Jacqueline Chooljian to furnish information to aid in enforcement of a money judgment against Judgment Debtor 24/7 CALL CAPTURE, LLC on February 3, 2015 at 9:30 a.m., in Courtroom 20 3rd Floor, of the United States Courthouse for the Central District of California, located at 312 N. Spring Street, Los Angeles, California. See order for details. (hr)
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| Filing 19 Second APPLICATION for Order Second Application for Order Continuing Date for Appearance and Examination of Paul Wolff Regarding Enforcement of Judgment (Attachments: #1 Declaration Declaration of C. Dennis Loomis, #2 Declaration Declaration of Jerry Anderson, #3 Proposed Order (Proposed) Second Amended Order to Appear for Examination Re Enforcement of Judgment (Third Person))(Attorney C Dennis Loomis added to party Taylor Bean and Whitaker Mortgage Corp et al(pty:db))(Loomis, C) |
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Filing 18
ORDER TO APPEAR FOR EXAMINATION REGARDING ENFORCEMENT OF JUDGMENT(THIRD PERSON) by Magistrate Judge Jacqueline Chooljian. TO: PAUL WOLFF YOU ARE ORDERED TO APPEAR personally before the Honorable Jacqueline Chooljian to furnish information to aid in enforcement of a money judgment against Judgment Debtor 24/7 CALL CAPTURE, LLC on December 9, 2014, 9:30 a.m., in Courtroom 20 - 3rd Floor, of the United States Courthouse for the Central District of California, located at 312 N. Spring Street, Los Angeles, California. See order for further details. (hr)
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Filing 17
MINUTES (IN CHAMBERS) ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS APPLICATION #16 by Magistrate Judge Jacqueline Chooljian: First, the Court notes that the Loomis Declaration is not executed and accordingly, it has no evidentiary value. Second, in light of the apparent failure/inability of plaintiff/judgment creditor timely to personally serve Paul Wolff with the September 24, 2014 Order to Appear for Examination Regarding Enforcement of Judgment (Third Person) which directed Wolff to appear before this Court on November 4, 2014 at 9:30 a.m. the Application is granted to the extent it seeks to continue such examination. Such examination is continued to December 9, 2014 at 9:30 a.m. Third, the Application is denied without prejudice to the extent it requests that the Court authorize the use of substituted service pursuant to Cal. C.C.P. 415.20(A). See order for further details. (hr)
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| Filing 16 APPLICATION for Order Continuing Date for Appearance and Examination of Paul Wolff re Enforcement of Judgment filed by Plaintiff Neil F Luria. (Attachments: #1 Declaration of C. Dennis Loomis in support of Application for Order Continuing Date for Appearance and Examination of Paul Wolff re Enforcement of Judgment, #2 Exhibit A, #3 Proposed Order)(Loomis, C) |
| Filing 15 Proof OF SERVICE Neil F Luria, Taylor Bean and Whitaker Mortgage Corp et al, re Order on Application for Judgment Debtor Exam,, #14 Proof of Service by Mail of Order to Appear for Examination Regarding Enforcement of Judgment (Third Peson) on Tech Call Systems, LLC fka 24/7 Call Capture (Salehpour, Morvareed) |
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Filing 14
ORDER TO APPEAR FOR EXAMINATION REGARDING ENFORCEMENT OF JUDGMENT(THIRD PERSON) by Magistrate Judge Jacqueline Chooljian: granting #10 Application for Judgment Debtor Exam. TO: PAUL WOLFF YOU ARE ORDERED TO APPEAR personally before the Honorable Jacqueline Chooljian to furnish information to aid in enforcement of a money judgment against Judgment Debtor 24/7 CALL CAPTURE, LLC on November 4, 2014, 9:30 a.m., in Courtroom 20 - 3rd Floor, of the United States Courthouse for the Central District of California, located at 312 N. Spring Street, Los Angeles, California. See order for further details. (hr)
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| Filing 13 DECLARATION of Amended Declaration of Donald A. Workman re APPLICATION for Judgment Debtor Exam as to Paul Wolff (Third Person) #10 filed by Plaintiff Neil F Luria. (Attachments: #1 Exhibit A, #2 Exhibit B)(Loomis, C) |
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Filing 12
MINUTE ORDER (IN CHAMBERS ) by Magistrate Judge Jacqueline Chooljian: re: APPLICATION for Judgment Debtor Exam as to Paul Wolff (Third Person) #10 . Plaintiff/judgment creditor is directed to make a further submission correcting/addressing the matters referenced below within fourteen (14) days. First, paragraph 9 of the Workman Declaration references and purports to incorporate by reference two attached exhibits. Neither referenced exhibit is actually attached. See order for further details. (hr)
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| Filing 11 DECLARATION OF DONALD A. WORKMAN in support of APPLICATION for Order for Appearance and Examination Regarding Enforcement of Judgment (Third Person) #10 filed by Plaintiff Neil F Luria. (esa) |
| Filing 10 APPLICATION FOR ORDER FOR APPEARANCE AND EXAMINATION REGARDING ENFORCEMENT OF JUDGMENT as to Paul Wolff (Third Person) filed by plaintiff Neil F Luria. Lodged proposed order. (esa) |
| Filing 9 NOTICE of Judge Assignment by Clerk. This action has been randomly reassigned to Chief Judge George H. King for all further proceedings. Discovery is referred to Magistrate Judge Jacqueline Chooljian. New case number is 2:14-cv-6855 GHK(JCx). (esa) |
| MISCELLANEOUS CASE REOPENED (esa) |
| MISCELLANEOUS CASE CONVERTED TO Civil Case number 2:14-cv-6855 GHK(JCx) for Judgment Debtor Proceedings. (Case Terminated) (esa) |
| Filing 8 APPLICATION for Judgment Debtor Exam filed by Plaintiff Neil F Luria, Taylor Bean and Whitaker Mortgage Corp et al. (Attachments: #1 Declaration Declaration of Donald Workman Re Application for Order for Appearance and Examination Re Enforcement of Judgment (Third Person), #2 Proposed Order (Proposed) Order to Appear for Examination Re Enforcement of Judgment (Third Person))(Salehpour, Morvareed) |
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Filing 7
MINUTES (IN CHAMBERS) ORDER by Judge George H. King: denying #6 Motion to Amend the Judgment without prejudice. (shb)
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| Filing 6 NOTICE OF MOTION AND MOTION to Certification of Registration of Foreign Judgment (within U.S) #1 Plaintiff Neil F. Luria, as Trustee to the Taylor Bean & Whitaker Plan Trust's Notice of Motion and Motion to Amend Judgment to Add Paul Wolff as an Additional Judgment Debtor Under FRCP Section 69 and CCP Section 187 filed by Plaintiff Neil F Luria, Taylor Bean and Whitaker Mortgage Corp et al. Motion set for hearing on 5/12/2014 at 09:00 AM before Judge Unassigned. (Attachments: #1 Declaration Declaration of Donald A. Workman in Support of Plaintiff's Motion to Amend Judgment, #2 Exhibit Exhibit A to Declaration of Donald A. Workman, #3 Exhibit Exhibit B to Declaration of Donald A. Workman, #4 Proposed Order (Proposed) Order Granting Plaintiff's Motion to Amend Judgment)(Salehpour, Morvareed) |
| Filing 5 NOTICE of Change of Attorney Business or Contact Information: for attorney Morvareed Z Salehpour counsel for Plaintiff Neil F Luria, In re Debtor Taylor Bean and Whitaker Mortgage Corp et al. Changing address to 11601 Wilshire Boulevard, Suite 1400, Los Angeles, CA 90025. Filed by Plaintiff Neil F. Luria, As Trustee to the Taylor Bean & Whitaker Plan Trust. (Attorney Morvareed Z Salehpour added to party Neil F Luria(pty:pla), Attorney Morvareed Z Salehpour added to party Taylor Bean and Whitaker Mortgage Corp et al(pty:db))(Salehpour, Morvareed) |
| Filing 4 ABSTRACT of Judgment issued in favor of Plaintiff Neil F Luria and against 24/7 Call Capture LLC in the principal amount of $ 3,611,162.47, interest in the amount of $ 2,048.15, attorneys fees of $ 0.00, costs of $ 0.00. RE: Certification of Registration of Foreign Judgment #1 . (lom) |
| Filing 3 AFFIDAVIT by C. Dennis Loomis AND REQUEST FOR ISSUANCE OF WRIT OF EXECUTION against Judgment Debtor 24/7 Call Capture LLC filed by Plaintiff Neil F Luria. Issued W/E. (Attachments: #1 Writ Issued)(lom) |
| WRIT of Execution issued against 24/7 Call Capture LLC. (lom) |
| Filing 2 NOTICE OF DEFICIENCY WRIT OF EXECUTION AND ABSTRACT OF JUDGMENT against 24/7 Call Capture LLC. The document is being returned to you for correction of: Entered date of Writ/ Abstract is incorrect (refer to docket). The correct date is 2/8/2013. Please leave attested date blank. Please return this form with the corrected document when returned to the clerk's office for filing. (lom) |
| Filing 1 CERTIFICATION OF JUDGMENT received from USBC Middle District of Florida, case number 3-11-ap-979-JAF entered in the sending district on 11/19/12; Entered in this district on 2/8/13; filed by plaintiff Neil F Luria.(esa) |
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