Express Restoration Corporation v. ServiceMaster Global Holdings, Inc.
Express Restoration Corporation |
ServiceMaster Global Holdings, INc., Servicemaster Residential/Commerical Services Limited Partnership and SM CLEAN, LLC |
2:2018cv10569 |
December 20, 2018 |
US District Court for the Central District of California |
John F Walter |
Michael R Wilner |
Contract: Other |
28 U.S.C. § 1332 Diversity-Contract Dispute |
Plaintiff |
Docket Report
This docket was last retrieved on January 31, 2020. A more recent docket listing may be available from PACER.
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Filing 79 NOTICE filed by Defendants SM CLEAN, LLC, Servicemaster Residential/Commerical Services Limited Partnership. WITHDRAWING SERVICEMASTERS REQUEST FOR R. 37 FEES AND EXPENSES IN CONNECTION WITH COURTS DENIAL OF PLAINTIFFS RENEWED MOTION FOR TERMINATING AND/OR OTHER SANCTIONS (Baskin, Cory) |
Filing 78 NOTICE of Settlement filed by Defendants SM CLEAN, LLC, Servicemaster Residential/Commerical Services Limited Partnership. (Baskin, Cory) |
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Filing 76 NOTICE OF FILING TRANSCRIPT filed for proceedings 1/22/2020 9:24 A.M. re Transcript #75 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ha) TEXT ONLY ENTRY |
Filing 75 TRANSCRIPT for proceedings held on 1/22/2020 9:24 a.m.. Court Reporter/Electronic Court Recorder: JAMS CERTIFIED TRANSCRIPTION, phone number (661) 609-4528. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 2/18/2020. Redacted Transcript Deadline set for 2/27/2020. Release of Transcript Restriction set for 4/27/2020. (ha) |
Filing 74 REPORT AND RECOMMENDATION issued by Magistrate Judge Michael R. Wilner. Re Second MOTION for Order for Terminating Sanctions #58 (vm) |
Filing 73 NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge Michael R. Wilner. Objections to R&R due by February 7, 2020. (Attachments: #1 Report and Recommendation) (vm) |
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Filing 71 STIPULATION for Protective Order filed by Defendants SM CLEAN, LLC, Servicemaster Residential/Commerical Services Limited Partnership. (Attachments: #1 Proposed Order)(Baskin, Cory) |
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Filing 69 TRANSCRIPT ORDER as to Defendants SM CLEAN, LLC, Servicemaster Residential/Commerical Services Limited Partnership for Court Smart (CS). Court will contact Cory A. Baskin at cb@witkowlaw.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Baskin, Cory) |
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Filing 67 MINUTES OF Motion Hearing held before Magistrate Judge Michael R. Wilner. The Court conferred with the parties regarding the status of discovery. The Court will issue a separate order. Court Recorder: CS 1/22/2020. (vm) |
Filing 66 NOTICE OF LODGING filed re Corrected NOTICE OF MOTION AND MOTION to AMEND Pretrial-Trial Scheduling Order - form only, #39 TO PERMIT SERVICEMASTER TO SERVE LATE REBUTTAL DAMAGES EXPERT REPORT OR PERMIT SAID EXPERT TO TESTIFY WITHOUT A REPORT #48 (Attachments: #1 Proposed Statement of Decision re Motion [Dkt No. 48])(Baskin, Cory) |
Filing 65 REPLY Reply Second MOTION for Order for Terminating Sanctions #58 filed by Plaintiff Express Restoration Corporation. (Franceschi, Ernest) |
Filing 64 OPPOSITION re: Second MOTION for Order for Terminating Sanctions #58 filed by Defendants SM CLEAN, LLC, Servicemaster Residential/Commerical Services Limited Partnership. (Attachments: #1 Declaration of Michael R. Gray, #2 Declaration of Cory A. Baskin, #3 Declaration of David Montanez, #4 Proposed Order)(Baskin, Cory) |
Filing 63 REPLY in Support of Corrected NOTICE OF MOTION AND MOTION to AMEND Pretrial-Trial Scheduling Order - form only, #39 TO PERMIT SERVICEMASTER TO SERVE LATE REBUTTAL DAMAGES EXPERT REPORT OR PERMIT SAID EXPERT TO TESTIFY WITHOUT A REPORT #48 filed by Defendants SM CLEAN, LLC, Servicemaster Residential/Commerical Services Limited Partnership. (Attachments: #1 Declaration of Michael R. Gray)(Baskin, Cory) |
Filing 62 NOTICE of Association of Counsel associating attorney Curtis W Herron on behalf of Plaintiff Express Restoration Corporation. Filed by Plaintiff Express Restoration Corporation (Franceschi, Ernest) |
Filing 61 NOTICE Notice of Errata re Hearing on Plaintiff's Motion for Terminating sanctions filed by Plaintiff Express Restoration Corporation. (Franceschi, Ernest) |
Filing 60 Plaintiff's Response to Objection to Motion for Terminating Sanctions Opposition re: Second MOTION for Order for Terminating Sanctions #58 filed by Plaintiff Express Restoration Corporation. (Franceschi, Ernest) |
Filing 59 OBJECTION to improper filing re: Second MOTION for Order for Terminating Sanctions #58 filed by Defendants SM CLEAN, LLC, Servicemaster Residential/Commerical Services Limited Partnership. (Baskin, Cory) |
Filing 58 NOTICE OF MOTION AND Second MOTION for Order for Terminating Sanctions filed by Plaintiff Express Restoration Corporation. Motion set for hearing on 1/22/2020 at 09:30 AM before Magistrate Judge Michael R. Wilner. (Franceschi, Ernest) |
Filing 57 MEMORANDUM in Opposition to MOTION to Compel Further Responses to Interrogatories and Requests for Production, as well as Production of Documents #43 filed by Plaintiff Express Restoration Corporation. (Franceschi, Ernest) |
Filing 56 SUPPLEMENT to MOTION to Compel Further Responses to Interrogatories and Requests for Production, as well as Production of Documents #43 filed by Defendants SM CLEAN, LLC, Servicemaster Residential/Commerical Services Limited Partnership. (Attachments: #1 Declaration, #2 Proposed Order)(Baskin, Cory) |
Filing 55 Text Entry Order DENYING MOTION for Sanctions Terminating Sanctions without prejudice to refiling before the Magistrate Judge assigned to this case. #50 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY |
Filing 54 OBJECTION in Opposition to re: NOTICE OF MOTION AND MOTION for Sanctions Terminating Sanctions #50 filed by Defendants SM CLEAN, LLC, Servicemaster Residential/Commerical Services Limited Partnership. (Attachments: #1 Declaration of Michael R. Gray)(Baskin, Cory) |
Filing 53 NOTICE of Change of firm name by Cory A Baskin attorney for Defendants SM CLEAN, LLC, Servicemaster Residential/Commerical Services Limited Partnership. Changing firm name to Lathrop GPM LLP. Filed by Defendants SM CLEAN, LLC, Servicemaster Residential/Commerical Services Limited Partnership. (Baskin, Cory) |
Filing 52 MEMORANDUM in Opposition to Corrected NOTICE OF MOTION AND MOTION to AMEND Pretrial-Trial Scheduling Order - form only, #39 TO PERMIT SERVICEMASTER TO SERVE LATE REBUTTAL DAMAGES EXPERT REPORT OR PERMIT SAID EXPERT TO TESTIFY WITHOUT A REPORT #48 filed by Plaintiff Express Restoration Corporation. (Franceschi, Ernest) |
Filing 51 DECLARATION of Ernest J. Franceschi Jr RE: Motion for Terminating Sanctions NOTICE OF MOTION AND MOTION for Sanctions Terminating Sanctions #50 Declaration of Non-Cooperation in filing Joint Statement of Compliance with paragraph 5(b) of Court's Standing Order filed by Plaintiff Express Restoration Corporation. (Attachments: #1 Exhibit)(Franceschi, Ernest) |
Filing 50 NOTICE OF MOTION AND MOTION for Sanctions Terminating Sanctions filed by Plaintiff Express Restoration Corporation. Motion set for hearing on 2/3/2020 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Exhibit) (Franceschi, Ernest) |
Filing 49 DECLARATION of Michael R. Gray in Support of Corrected NOTICE OF MOTION AND MOTION to AMEND Pretrial-Trial Scheduling Order - form only, #39 TO PERMIT SERVICEMASTER TO SERVE LATE REBUTTAL DAMAGES EXPERT REPORT OR PERMIT SAID EXPERT TO TESTIFY WITHOUT A REPORT #48 filed by Defendants SM CLEAN, LLC, Servicemaster Residential/Commerical Services Limited Partnership. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit)(Baskin, Cory) |
Filing 48 Corrected NOTICE OF MOTION AND MOTION to AMEND Pretrial-Trial Scheduling Order - form only, #39 TO PERMIT SERVICEMASTER TO SERVE LATE REBUTTAL DAMAGES EXPERT REPORT OR PERMIT SAID EXPERT TO TESTIFY WITHOUT A REPORT filed by Defendants SM CLEAN, LLC, Servicemaster Residential/Commerical Services Limited Partnership. Motion set for hearing on 2/3/2020 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Memorandum, #2 Proposed Order) (Baskin, Cory) |
Filing 47 JOINT STATEMENT of Compliance with Local Rule 7-3 and Paragraph 5(b) of Court's Standing Order First NOTICE OF MOTION AND MOTION to Amend Pretrial-Trial Scheduling Order - form only, #39 #44 filed by Defendants SM CLEAN, LLC, Servicemaster Residential/Commerical Services Limited Partnership. (Baskin, Cory) |
Filing 46 Text Entry Order: The Defendants Motion to Amend Scheduling Order to Permit SERVICEMASTER to Serve Late Rebuttal Damages Expert Report or Permit Said Expert to Testify Without a Report, filed on December 30, 2019 [Docket No. 44], is STRICKEN for failure to comply with paragraph 5(b) of the Courts Standing Order. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (droj) TEXT ONLY ENTRY |
Filing 45 DECLARATION of Michael R. Gray in Support of First NOTICE OF MOTION AND MOTION to Amend Pretrial-Trial Scheduling Order - form only, #39 #44 filed by Defendants SM CLEAN, LLC, Servicemaster Residential/Commerical Services Limited Partnership. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22)(Baskin, Cory) |
Filing 44 **STRICKEN** First NOTICE OF MOTION AND MOTION to Amend Pretrial-Trial Scheduling Order - form only, #39 filed by Defendants SM CLEAN, LLC, Servicemaster Residential/Commerical Services Limited Partnership. Motion set for hearing on 1/27/2020 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Memorandum, #2 Proposed Order) (Baskin, Cory) Modified on 12/30/2019 (droj). |
Filing 43 NOTICE OF MOTION AND MOTION to Compel Further Responses to Interrogatories and Requests for Production, as well as Production of Documents filed by Defendants SM CLEAN, LLC, Servicemaster Residential/Commerical Services Limited Partnership. Motion set for hearing on 1/22/2020 at 09:30 AM before Magistrate Judge Michael R. Wilner. (Attachments: #1 Joint Stipulation, #2 Declaration of Michael Gray with Exhibits 1-16, #3 Declaration of Ernest Franceschi)(Baskin, Cory) |
Filing 42 MEDIATION REPORT Filed by Plaintiff Express Restoration Corporation: Mediation held on November 6, 2019. The parties are unable to reach an agreement at this time.Counsel: Please evaluate the effectiveness of the ADR Program by completing a survey on your mediation experience. To access the survey, click on the following link: #MediationParticipantSurvey(Franceschi, Ernest) |
Filing 41 MINUTES OF Telephone Conference held before Magistrate Judge Michael R. Wilner. The Court conferred with the parties regarding the status of the case. Court Recorder: XTR 10/17/2019. (vm) |
Filing 40 SCHEDULING NOTICE by Magistrate Judge Michael R. Wilner. Telephone Conference set for October 17, 2019 at 10:00 AM. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vm) TEXT ONLY ENTRY |
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Filing 37 REQUEST for ADR Procedure No. 3. Parties request for private mediation. Filed by Plaintiff Express Restoration Corporation(Franceschi, Ernest) |
Filing 36 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5, filed by Plaintiff Express Restoration Corporation.. (Franceschi, Ernest) |
Filing 35 DECLARATION of Michael R. Gray as Lead Trial Counsel re: Compliance with Local Rules Governing Electronic Filing filed by Defendants SERVICEMASTER RESIDENTIAL/COMMERICAL SERVICES LILMITED PARTNERSHIP, SM CLEAN, LLC. (Baskin, Cory) |
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Filing 33 Amendment to APPLICATION of Non-Resident Attorney Michael R. Gray to Appear Pro Hac Vice on behalf of Defendants SERVICEMASTER RESIDENTIAL/COMMERICAL SERVICES LILMITED PARTNERSHIP, SM CLEAN, LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24088539) #30 filed by Defendants SERVICEMASTER RESIDENTIAL/COMMERICAL SERVICES LILMITED PARTNERSHIP, SM CLEAN, LLC. (Baskin, Cory) |
Filing 32 NOTICE OF ERRATA filed by Defendants SERVICEMASTER RESIDENTIAL/COMMERICAL SERVICES LILMITED PARTNERSHIP, SM CLEAN, LLC. correcting APPLICATION of Non-Resident Attorney Michael R. Gray to Appear Pro Hac Vice on behalf of Defendants SERVICEMASTER RESIDENTIAL/COMMERICAL SERVICES LILMITED PARTNERSHIP, SM CLEAN, LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24088539) #30 , Notice of Deficiency in Electronically filed Pro Hac Vice Application (G-112C) - optional html form,, #31 (Baskin, Cory) |
Filing 31 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Michael R. Gray to Appear Pro Hac Vice on behalf of Defendants SERVICEMASTER RESIDENTIAL/COMMERICAL SERVICES LILMITED PARTNERSHIP, SM CLEAN, LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24088539) #30 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Other error(s) with document(s): Please note that electronic, image or stamp signatures are not allowed. (lt) |
Filing 30 APPLICATION of Non-Resident Attorney Michael R. Gray to Appear Pro Hac Vice on behalf of Defendants SERVICEMASTER RESIDENTIAL/COMMERICAL SERVICES LILMITED PARTNERSHIP, SM CLEAN, LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24088539) filed by Defendants SERVICEMASTER RESIDENTIAL/COMMERICAL SERVICES LILMITED PARTNERSHIP, SM CLEAN, LLC. (Attachments: #1 MN Cert of Good Standing, #2 WI Cert of Good Standing, #3 Proposed Order) (Baskin, Cory) |
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Filing 28 NOTICE of Interested Parties filed by Defendants SERVICEMASTER RESIDENTIAL/COMMERICAL SERVICES LILMITED PARTNERSHIP, SM CLEAN, LLC, identifying The ServiceMaster Company; ServiceMaster Consumer Services L.P.; SMCS Holdco, Inc.; The ServiceMaster Company, LLC; CDRSVM Holding, Inc.; CDRSVM Investment Holding, Inc.; and ServiceMaster Global Holding, Inc.. (Baskin, Cory) |
Filing 27 ANSWER to Amended Complaint/Petition, #16 with JURY DEMAND filed by Defendants SERVICEMASTER RESIDENTIAL/COMMERICAL SERVICES LILMITED PARTNERSHIP, SM CLEAN, LLC.(Attorney Cory A Baskin added to party SERVICEMASTER RESIDENTIAL/COMMERICAL SERVICES LILMITED PARTNERSHIP(pty:dft), Attorney Cory A Baskin added to party SM CLEAN, LLC(pty:dft))(Baskin, Cory) |
Filing 26 NOTICE of Change of address by Ernest J Franceschi, Jr attorney for Plaintiff Express Restoration Corporation. Changing attorneys address to 4640 Admiralty Way 5th Floor Marina del Rey, Ca 90293. Filed by Plaintiff Express Restoration Corporation. (Franceschi, Ernest) |
Filing 25 WAIVER OF SERVICE Returned Executed filed by Plaintiff Express Restoration Corporation. upon SM CLEAN, LLC waiver sent by Plaintiff on 5/13/2019, answer due 7/12/2019. Waiver of Service signed by Michael R. Gray. (Franceschi, Ernest) |
Filing 24 WAIVER OF SERVICE Returned Executed filed by Plaintiff Express Restoration Corporation. upon SERVICEMASTER RESIDENTIAL/COMMERICAL SERVICES LILMITED PARTNERSHIP waiver sent by Plaintiff on 5/10/2019, answer due 7/9/2019. Waiver of Service signed by Michael R. Gray. (Franceschi, Ernest) |
Filing 23 WAIVER OF SERVICE Returned Executed filed by Plaintiff Express Restoration Corporation. upon SM CLEAN, LLC waiver sent by Plaintiff on 3/25/2019, answer due 5/24/2019. Waiver of Service signed by Michael R. Gray. (Franceschi, Ernest) |
Filing 22 WAIVER OF SERVICE Returned Executed filed by Plaintiff Express Restoration Corporation. upon SERVICEMASTER RESIDENTIAL/COMMERICAL SERVICES LILMITED PARTNERSHIP waiver sent by Plaintiff on 3/25/2019, answer due 5/24/2019. Waiver of Service signed by Michael R. Gray. (Franceschi, Ernest) |
Filing 21 21 DAY Summons Issued re Amended Complaint/Petition, #16 as to Defendant SM CLEAN, LLC. (iv) |
Filing 20 21 DAY Summons Issued re Amended Complaint/Petition, #16 as to Defendant SERVICEMASTER RESIDENTIAL/COMMERICAL SERVICES LILMITED PARTNERSHIP. (iv) |
Filing 19 First Amended CERTIFICATE of Interested Parties filed by Plaintiff Express Restoration Corporation, (Franceschi, Ernest) |
Filing 18 Request for Clerk to Issue Summons on Amended Complaint/Petition, #16 filed by Plaintiff Express Restoration Corporation. (Franceschi, Ernest) |
Filing 17 Request for Clerk to Issue Summons on Amended Complaint/Petition, #16 filed by Plaintiff Express Restoration Corporation. (Franceschi, Ernest) |
Filing 16 Second Amended Complaint AMENDED COMPLAINT against Defendants SERVICEMASTER RESIDNENTIAL/COMMERICAL SERVICES LIMITED PARTNERSHIP and SM CLEAN, LLC SERVICEMASTER RESIDENTIAL/COMMERICAL SERVICES LILMITED PARTNERSHIP, SM CLEAN, LLC amending Amended Complaint/Petition, #8 , filed by Plaintiff Express Restoration Corporation (Attachments: #1 Exhibit, #2 Exhibit)(Franceschi, Ernest) |
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Filing 14 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Ex Parte Application #13 . The following error(s) was/were found: Proposed order not submitted pursuant to Local Rule 52-4.1. A Word or Wordperfect version of the proposed order should also be emailed to the chambers generic email address See Local Rule 5-4.4.1- Electronic Lodging of Proposed Orders. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. (iv) |
Filing 13 First EX PARTE APPLICATION to File Second Amended Complaint Amended Complaint/Petition, #8 filed by Plaintiff Express Restoration Corporation. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Franceschi, Ernest) |
Filing 12 21 DAY Summons Issued re Amended Complaint/Petition, #8 as to Defendant ServiceMaster Global Holdings, Inc. (iv) |
Filing 11 DECLARATION of Ernest J. Franceschi, Jr. Declaration of Lead Trial Counsel re: Compliance with Local Rules Governing Electronic Filing filed by Plaintiff Express Restoration Corporation. (Franceschi, Ernest) |
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Filing 9 Request for Clerk to Issue Summons on Amended Complaint/Petition, #8 filed by Plaintiff Express Restoration Corporation. (Franceschi, Ernest) |
Filing 8 First Amended Complaint AMENDED COMPLAINT against Defendant All Defendants amending Complaint (Attorney Civil Case Opening), #1 , filed by Plaintiff Express Restoration Corporation (Attachments: #1 Exhibit, #2 Exhibit)(Franceschi, Ernest) |
Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant ServiceMaster Global Holdings, Inc. (lh) |
Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
Filing 5 NOTICE OF ASSIGNMENT to District Judge John F. Walter and Magistrate Judge Michael R. Wilner. (lh) |
Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Express Restoration Corporation. (Franceschi, Ernest) |
Filing 3 CERTIFICATE of Interested Parties filed by Plaintiff Express Restoration Corporation, (Franceschi, Ernest) |
Filing 2 CIVIL COVER SHEET filed by Plaintiff Express Restoration Corporation. (Franceschi, Ernest) |
Filing 1 COMPLAINT Receipt No: 0973-22933972 - Fee: $400, filed by Plaintiff Express Restoration Corporation. (Attachments: #1 Exhibit, #2 Exhibit) (Attorney Ernest J Franceschi, Jr added to party Express Restoration Corporation(pty:pla))(Franceschi, Ernest) |
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