Klauber Brothers, Inc. v. The Kylie Shop, Inc. et al
| Klauber Brothers, Inc. |
| Nordstrom, Inc., Kendall Jenner, Inc., Jet.com, Inc., Does 1 through 10, Kylie Jenner, Inc., The Kylie Shop, Inc., Indochine International, LLC, 3072541 Canada Inc., Nordstrom, Inc. a Washington Corporation doing business as Nordstrom Rack and 3072541 Canada Inc. a Canadian Corporation, individually and doing business as Kendall + Kylie |
| Stephen H. Marcus |
| 2:2020cv00415 |
| January 15, 2020 |
| U.S. District Court for the Central District of California |
| Percy Anderson |
| Michael R Wilner |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| Both |
Docket Report
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This docket was last retrieved on December 7, 2020. A more recent docket listing may be available from PACER.
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| Filing 66 NOTICE OF RULING AND NOTICE OF ENTRY OF JUDGMENT filed by Plaintiff Klauber Brothers, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Appendix Certificate of Service)(Burroughs, Scott) |
| Filing 65 REPORT ON THE DETERMINATION OF AN ACTION Regarding a Copyright. (Closing) (Attachments: #1 Judgment) (mrgo) |
| Filing 64 DEFAULT JUDGMENT by Judge Percy Anderson, in the principal amount of $150,000.00, interest in the amount of $0.00, attorneys fees of $6,600.00, costs of $400.00 for a total judgment of $157,000.00. Related to: APPLICATION for Default Judgment against Defendant Indochine International, LLC #59 . ( MD JS-6. Case Terminated ) (mrgo) |
Filing 63
MINUTE ORDER (IN CHAMBERS) - COURT ORDER by Judge Percy Anderson re: #59 MOTION for Default Judgment. For all of the foregoing reasons, the Court grants Plaintiff's Motion for Default Judgment and the Ex Parte Application to Seal. The Court will issue a Judgment in the amount of $157,000.00 (consisting of $150,000.00 in statutory copyright damages, $6,600.00 in attorneys' fees, and $400.00 in costs). The Court will enter a Judgment consistent with this Order. (SEE DOCUMENT FOR DETAILS) (mrgo)
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| Filing 62 CERTIFICATE OF SERVICE filed by Plaintiff Klauber Brothers, Inc., re Sealed Declaration in SupportDeclaration, #61 , APPLICATION to file document Exhibits 2-4 and 6 in connection with its Motion for Default Judgment at Dkt. #59 under seal #60 , APPLICATION for Default Judgment against Defendant Indochine International, LLC #59 served on November 9, 2020. (Burroughs, Scott) |
| Filing 61 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibits 2-4 and 6 in connection with its Motion for Default Judgment at Dkt. #59 under seal #60 filed by Plaintiff Klauber Brothers, Inc.. (Attachments: #1 Unredacted Document Exhibit 2, #2 Unredacted Document Exhibit 3, #3 Unredacted Document Exhibit 4, #4 Unredacted Document Exhibit 6)(Burroughs, Scott) |
| Filing 60 APPLICATION to file document Exhibits 2-4 and 6 in connection with its Motion for Default Judgment at Dkt. #59 under seal filed by Plaintiff Klauber Brothers, Inc.. (Attachments: #1 Proposed Order)(Burroughs, Scott) |
| Filing 59 APPLICATION for Default Judgment against Defendant Indochine International, LLC filed by Plaintiff Klauber Brothers, Inc.. Application set for hearing on 12/7/2020 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Exhibit 1, #2 Exhibit 2 - Proposed to be Filed Under Seal, #3 Exhibit 3 - Proposed to be Filed Under Seal, #4 Exhibit 4 - Proposed to be Filed Under Seal, #5 Declaration of Mark Klauber, #6 Exhibit 5, #7 Exhibit 6- Proposed to be Filed Under Seal, #8 Exhibit 7, #9 Proposed Order) (Burroughs, Scott) |
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Filing 58
MINUTE ORDER IN CHAMBERS by Judge Percy Anderson. As a result of the Court's issuance of the Order on Stipulation to Dismiss Certain Claims, the Court vacates the pretrial conference calendared for November 20, 2020, and the trial, calendared for December 22, 2020. (mrgo)
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Filing 57
ORDER ON STIPULATION TO DISMISS CERTAIN CLAIMS WITH PREJUDICE by Judge Percy Anderson, re Stipulation to Dismiss Party #56 . THE FOLLOWING IS HEREBY ORDERED: 1. Defendants The Kylie Shop, Inc., Kylie Jenner, Inc., Kendall Jenner, Inc., 3072451 Canada, Inc., and Nordstrom, Inc. (collectively, "Defendants") are hereby dismissed with prejudice from this action; and 2. Plaintiff and Defendants will each bear their respective costs and attorneys' fees as incurred solely against one another in connection with this action. Kylie Jenner, Inc. (a California corporation), Nordstrom, Inc. (a Washington Corporation), The Kylie Shop, Inc. (a California corporation), 3072541 Canada Inc. (a Canadian Corporation, individually and ) and Kendall Jenner, Inc. (a California Corporation) terminated. (mrgo)
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| Filing 56 STIPULATION to Dismiss Defendants 3072541 Canada Inc., Kendall Jenner, Inc., Kylie Jenner, Inc., Nordstrom, Inc., The Kylie Shop, Inc. filed by Plaintiff Klauber Brothers, Inc.. (Attachments: #1 Proposed Order)(Burroughs, Scott) |
| Filing 55 MEDIATION REPORT filed by Mediator (ADR Panel) Stephen H. Marcus: A mediation did not take place because the case settled before the session occurred.(Marcus, Stephen) |
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Filing 54
MINUTE ORDER IN CHAMBERS by Judge Percy Anderson. Default by clerk was entered on October 1, 2020. Plaintiff is hereby directed to file a motion for default judgment or, other appropriate dispositive motion on or before November 9, 2020. (mrgo)
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| Filing 53 NOTICE of Settlement of Certain Claims filed by Plaintiff Klauber Brothers, Inc.. (Burroughs, Scott) |
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Filing 52
MINUTE ORDER IN CHAMBERS by Judge Percy Anderson re: Notice of Settlement #49 . The Court has been advised by counsel that this matter has settled. The parties have ten (10) days from the date of this order or until the next scheduled court appearance, whichever is shorter, to file with the court a dismissal of the action or to appear, in-person or telephonically with their clients, to place the settlement on the record. (mrgo)
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| Filing 51 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Indochine International, LLC a California limited liability company. (mrgo) |
| Filing 50 REQUEST for Clerk to Enter Default against Defendant Indochine International, LLC filed by Plaintiff Klauber Brothers, Inc.. (Burroughs, Scott) |
| Filing 49 NOTICE of Settlement of Certain Claims filed by Plaintiff Klauber Brothers, Inc.. (Burroughs, Scott) |
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Filing 48
ORDER DENYING JOINT STIPULATION TO CONTINUE SCHEDULING ORDER by Judge Percy Anderson, re Stipulation to Continue, #47 . (mrgo)
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| Filing 47 Joint STIPULATION to Continue the Scheduling Order from various dates to various dates Re: Order,, Set/Reset Deadlines/Hearings, #30 , Minutes of In Chambers Order/Directive - no proceeding held,,,, Terminate Hearings,,,, Set/Reset Deadlines/Hearings,,, #29 filed by Plaintiff Klauber Brothers, Inc.. (Attachments: #1 Proposed Order)(Burroughs, Scott) |
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Filing 46
ORDER TO THE STIPULATED PROTECTIVE ORDER by Magistrate Judge Michael R. Wilner. (See Order for details) re Stipulation for Protective Order #45 (vm)
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| Filing 45 STIPULATION for Protective Order filed by Plaintiff Klauber Brothers, Inc.. (Attachments: #1 Proposed Order)(Burroughs, Scott) |
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Filing 44
MINUTE ORDER IN CHAMBERS by Judge Percy Anderson re: Stipulation for Order #43 . The Court has before it the Joint Stipulation to Modify Scheduling Order by Extending All Dates and Deadlines by Approximately 90 Days. While the Court recognizes the unprecedented nature of the COVID-19 pandemic, after reviewing the parties request, including waiting nearly three months to take even minimal written discovery, the Court concludes that the parties have not shown the required diligence to justify a modification of the Scheduling Order. Accordingly, the Stipulation is denied. (See document for details) (mrgo)
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| Filing 43 Joint STIPULATION for Order to Modify Scheduling Order filed by Defendants 3072541 Canada Inc., Kendall Jenner, Inc., Kylie Jenner, Inc., Nordstrom, Inc.. (Attachments: #1 Proposed Order)(Brutzkus, Mark) |
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Filing 42
ORDER by Judge Percy Anderson: granting #41 Request to Substitute Attorney. Added attorney Michael A Bernet for Kendall Jenner, Inc. and Michael A Bernet for Kylie Jenner, Inc.. Attorney Jonathan P Steinsapir; Michael J Kump and Nicholas Cooper Soltman terminated (yl)
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| Filing 41 REQUEST TO SUBSTITUTE ATTORNEY Mark D. Brutzkus in place of attorney Jonathan Steinsapir, Michael J. Kump, Nicholas C. Soltman filed by Defendants Kendall Jenner, Inc., Kylie Jenner, Inc.. (Attachments: #1 Proposed Order) (Attorney Mark D Brutzkus added to party Kendall Jenner, Inc.(pty:dft), Attorney Mark D Brutzkus added to party Kylie Jenner, Inc.(pty:dft)) (Brutzkus, Mark) |
| Filing 40 ANSWER to Amended Complaint/Petition, #35 filed by Defendant 3072541 Canada Inc..(Attorney Mark D Brutzkus added to party 3072541 Canada Inc.(pty:dft))(Brutzkus, Mark) |
| Filing 39 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Amended Answer to Complaint #37 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Answer. 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. You need not take any action in response to this notice unless and until the Court directs you to do so. (lom) |
| Filing 38 ANSWER to Amended Complaint/Petition, #35 filed by Defendants Kendall Jenner, Inc., Kylie Jenner, Inc., The Kylie Shop, Inc..(Steinsapir, Jonathan) |
| Filing 37 AMENDED ANSWER to Amended Complaint/Petition, #35 filed by Defendant Nordstrom, Inc.. (Brutzkus, Mark) |
| Filing 36 WAIVER OF SERVICE Returned Executed filed by Plaintiff Klauber Brothers, Inc.. upon 3072541 Canada Inc. waiver sent by Plaintiff on 6/4/2020, answer due 8/3/2020; Indochine International, LLC waiver sent by Plaintiff on 6/4/2020, answer due 8/3/2020. Waiver of Service signed by Mark Brutzkus, Attorney. (Burroughs, Scott) |
| Filing 35 FIRST AMENDED COMPLAINT against Defendants Does, Kendall Jenner, Inc., Kylie Jenner, Inc., Nordstrom, Inc., The Kylie Shop, Inc., 3072541 Canada Inc., Indochine International, LLC amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiff Klauber Brothers, Inc.(Burroughs, Scott) |
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Filing 34
ORDER APPROVING THE JOINT STIPULATION TO ALLOW FILING OF FIRST AMENDED COMPLAINT #33 by Judge Percy Anderson. THE COURT HEREBY APPROVES the parties' joint stipulation that Plaintiff may file a First Amended Complaint within three (3) days of the filing of this Order. The Court further ORDERS that any Defendant who has previously appeared in this action shall file a responsive pleading to Plaintiffs First Amended Complaint within twenty-one (21) days from entry of the First Amended Complaint. Any otherDefendant that has not previously filed a responsive pleading shall file a responsive pleading within 21 days of their respective service of the First Amended Complaint. (lom)
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| Filing 33 STIPULATION for Leave to File First Amended Complaint filed by Plaintiff Klauber Brothers, Inc.. (Attachments: #1 Exhibit 1- Proposed First Amended Complaint, #2 Exhibit 2 - Redline First Amended Complaint, #3 Proposed Order)(Burroughs, Scott) |
| Filing 32 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Stephen H. Marcus has been assigned to serve as Panel Mediator. (mb) |
| Filing 31 Notice of Appearance or Withdrawal of Counsel: for attorney Allan E Anderson counsel for Defendant Jet.com, Inc.. Allan E. Anderson and Jacob M. Gilbert is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Jet.com, Inc.. (Anderson, Allan) |
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Filing 30
CIVIL TRIAL SCHEDULING ORDER [FED. R. CIV. P. 16(b)] by Judge Percy Anderson. (Discovery cut-off 10/12/2020. Setting Motion cut-ff date 10/19/2020. Final Pretrial Conference set for 11/20/2020 at 01:30 PM before Judge Percy Anderson. Jury Trial set for 12/22/2020 at 09:00 AM before Judge Percy Anderson.) (mrgo)
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Filing 29
MINUTE ORDER IN CHAMBERS by Judge Percy Anderson. The Court has received the parties joint 26(f) report and finds that a scheduling conference is not necessary. Dates set by the Court in this action are listed in the "Schedule of Trial and Pretrial Dates" attached to this order. (Discovery cut-off 10/12/2020. Exhibit List due by 11/6/2020. Witness List due by 11/6/2020. Motion hearing cutoff date 10/19/2020. Motions in Limine to be filed by 11/20/2020. Proposed Pretrial Order due by 11/6/2020. Status Report due by 11/6/2020. Last date to conduct settlement conference is 10/26/2020. Final Pretrial Conference set for 11/20/2020 at 01:30 PM before Judge Percy Anderson. Jury Trial set for 12/22/2020 at 09:00 AM before Judge Percy Anderson.) The scheduling conference currently on calendar for April 27, 2020, at 10:30 a.m. is hereby vacated, and the matter taken off calendar. (mrgo)
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Filing 28
ORDER/REFERRAL to ADR Procedure No 2 by Judge Percy Anderson. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than October 26, 2020. (mrgo)
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| Filing 27 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 2-3 court days, filed by Plaintiff Klauber Brothers, Inc... (Burroughs, Scott) |
| Filing 26 NOTICE OF ERRATA filed by Plaintiff Klauber Brothers, Inc.. correcting Joint Report Rule 26(f) Discovery Plan #25 and Withdrawal of Docket 25 (Burroughs, Scott) |
| Filing 25 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 2-3 court days, filed by Plaintiff Klauber Brothers, Inc... (Burroughs, Scott) |
| Filing 24 NOTICE of Interested Parties filed by Defendants Kendall Jenner, Inc., Kylie Jenner, Inc., The Kylie Shop, Inc., (Steinsapir, Jonathan) |
| Filing 23 ANSWER to Complaint (Attorney Civil Case Opening) #1 with JURY DEMAND filed by Defendants Kendall Jenner, Inc., Kylie Jenner, Inc., The Kylie Shop, Inc..(Steinsapir, Jonathan) |
| Filing 22 NOTICE OF DISMISSAL filed by Plaintiff Klauber Brothers, Inc. pursuant to FRCP 41a(1) (A)(i); Without Prejudice as to Jet.com, Inc.. (Doniger, Stephen) |
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Filing 21
SCHEDULING MEETING OF COUNSEL [FRCP 16, 26(f)] ORDER by Judge Percy Anderson. (Scheduling Conference set for 4/27/2020 at 10:30 AM before Judge Percy Anderson.) (mrgo)
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| Filing 20 CORPORATE DISCLOSURE STATEMENT filed by Defendant Nordstrom, Inc. (Brutzkus, Mark) |
| Filing 19 NOTICE of Interested Parties filed by Defendant Nordstrom, Inc., identifying Klauber Brothers, Inc.; The Kylie Shop, Inc.; Kendall Jenner, Inc.; Kylie Jenner, Inc.; Nordstrom, Inc. d/b/a Nordstrom Rack; and Jet.com, Inc.. (Brutzkus, Mark) |
| Filing 18 ANSWER to Complaint (Attorney Civil Case Opening) #1 with JURY DEMAND filed by Defendant Nordstrom, Inc..(Brutzkus, Mark) |
| Filing 17 STIPULATION Extending Time to Answer the complaint as to Kylie Jenner, Inc. answer now due 3/13/2020; Kendall Jenner, Inc. answer now due 3/13/2020; The Kylie Shop, Inc. answer now due 3/13/2020, re Complaint (Attorney Civil Case Opening) #1 filed by Defendants Kylie Jenner, Inc.; Kendall Jenner, Inc.; The Kylie Shop, Inc..(Attorney Jonathan P Steinsapir added to party Kendall Jenner, Inc.(pty:dft), Attorney Jonathan P Steinsapir added to party Kylie Jenner, Inc.(pty:dft), Attorney Jonathan P Steinsapir added to party The Kylie Shop, Inc.(pty:dft))(Steinsapir, Jonathan) |
| Filing 16 STIPULATION Extending Time to Answer the complaint as to Jet.com, Inc. answer now due 3/13/2020, re Complaint (Attorney Civil Case Opening) #1 filed by defendant Jet.com, Inc..(Attorney Allan E Anderson added to party Jet.com, Inc.(pty:dft))(Anderson, Allan) |
| Filing 15 Joint STIPULATION Extending Time to Answer the complaint as to Nordstrom, Inc. answer now due 3/4/2020, re Complaint (Attorney Civil Case Opening) #1 filed by Defendant Nordstrom, Inc..(Attorney Mark D Brutzkus added to party Nordstrom, Inc.(pty:dft))(Brutzkus, Mark) |
| Filing 14 PROOF OF SERVICE Executed by Plaintiff Klauber Brothers, Inc., upon Defendant Jet.com, Inc. served on 1/22/2020, answer due 2/12/2020. Service of the Summons and Complaint were executed upon CT Corporation System c/o Albert Delamonte - Registered Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Burroughs, Scott) |
| Filing 13 PROOF OF SERVICE Executed by Plaintiff Klauber Brothers, Inc., upon Defendant Nordstrom, Inc. served on 1/22/2020, answer due 2/12/2020. Service of the Summons and Complaint were executed upon Corporate Creations Network, Inc. c/o Sarah Clemens - Registered Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Burroughs, Scott) |
| Filing 12 PROOF OF SERVICE Executed by Plaintiff Klauber Brothers, Inc., upon Defendant Kylie Jenner, Inc. served on 1/23/2020, answer due 2/13/2020. Service of the Summons and Complaint were executed upon Lester Knispel, Authorized Agent for Service of Process c/o Jane Doe, Receptionist Authorized to Accept in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Burroughs, Scott) |
| Filing 11 PROOF OF SERVICE Executed by Plaintiff Klauber Brothers, Inc., upon Defendant Kendall Jenner, Inc. served on 1/23/2020, answer due 2/13/2020. Service of the Summons and Complaint were executed upon Lester Knispel, Authorized Agent for Service of Process c/o Jane Doe, Receptionist Authorized to Accept in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Burroughs, Scott) |
| Filing 10 PROOF OF SERVICE Executed by Plaintiff Klauber Brothers, Inc., upon Defendant The Kylie Shop, Inc. served on 1/23/2020, answer due 2/13/2020. Service of the Summons and Complaint were executed upon Jane Doe, Receptionist Authorized to Accept in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Burroughs, Scott) |
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Filing 9
STANDING ORDER by Judge Percy Anderson. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (mrgo)
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| Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Jet.com, Inc., Kendall Jenner, Inc., Kylie Jenner, Inc., Nordstrom, Inc., The Kylie Shop, Inc. (et) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Percy Anderson and Magistrate Judge Michael R. Wilner. (et) |
| Filing 5 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Klauber Brothers, Inc.. (Burroughs, Scott) |
| Filing 4 REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by Klauber Brothers, Inc.. (Burroughs, Scott) |
| Filing 3 CIVIL COVER SHEET filed by Plaintiff Klauber Brothers, Inc.. (Burroughs, Scott) |
| Filing 2 NOTICE of Interested Parties filed by Plaintiff Klauber Brothers, Inc., (Burroughs, Scott) |
| Filing 1 COMPLAINT Receipt No: 0973-25128393 - Fee: $400, filed by Plaintiff Klauber Brothers, Inc.. (Attorney Scott A Burroughs added to party Klauber Brothers, Inc.(pty:pla))(Burroughs, Scott) |
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