Legacy Insurance Solutions LLC, et al v. ABS Healthcare Services, LLC, et al
LEGACY INSURANCE SOLUTIONS LLC, a California limited liability company, Bradley Tierney and Legacy Insurance Solutions LLC |
ABS HEALTHCARE SERVICES, LLC, a Florida limited liability company, Does 1 through 20, inclusive, Health Option One, LLC and ABS Healthcare Services, LLC |
HEALTH OPTION ONE, LLC, a Florida limited liability company |
2:2020cv04097 |
May 4, 2020 |
US District Court for the Central District of California |
Dale S Fischer |
John E McDermott |
Contract: Other |
28 U.S.C. § 1441 |
Plaintiff |
Docket Report
This docket was last retrieved on July 7, 2020. A more recent docket listing may be available from PACER.
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Filing 52 REPLY In Support of NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles County Superior Court - West District #10 filed by Plaintiffs Legacy Insurance Solutions LLC, Bradley Tierney. (Attachments: #1 Declaration of David M. Stahl In Support of Plaintiffs' Motion for Remand (Reply))(Gooch, Frank) |
Filing 51 ORDER by Judge Dale S. Fischer, re Joint Stipulation #50 . See Order for specifics. (jp) |
Filing 50 Joint STIPULATION to Reschedule Deadlines for Parties to Make Initial Disclosures, to Submit Joint Rule 26(f) Report, and for The Court to Delay the Entry of a Scheduling Order filed by Plaintiffs Legacy Insurance Solutions LLC, Bradley Tierney. (Attachments: #1 Proposed Order on Joint Stipulation)(Gooch, Frank) |
Filing 49 ORDER by Judge Dale S. Fischer re Joint Stipulation to Reschedule #48 , the hearing date on Defendants' Motion to Dismiss #28 and Motion to Dismiss for Forum Non Conveniens or Alternatively to Transfer #27 is moved from 7/2020 to 8/3/2020. See order for specifics. (jp) |
Filing 48 Joint STIPULATION to Reschedule Hearing Date on Defendant's Motions to Dismiss (and related filing deadlines) and Deposition of Christa Rapoport filed by Plaintiff Legacy Insurance Solutions LLC. (Attachments: #1 Proposed Order on Joint Stipulation)(Gooch, Frank) |
Filing 47 OPPOSITION to NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles County Superior Court - West District #10 filed by Defendants ABS Healthcare Services, LLC, Health Option One, LLC. (Attachments: #1 Declaration of Edward H. Takashima, #2 Exhibit A - Tierney Deposition Transcript, #3 Exhibit B - Stahl Email, #4 Exhibit C - McCawley Email, #5 Exhibit D - Boies Email, #6 Exhibit E - Stahl Email, #7 Exhibit F - Beeman Deposition Transcript, #8 Exhibit G - Maxim Health CA Agency License Detail)(Boies, David) |
Filing 46 ORDER by Judge Dale S. Fischer GRANTING in part "Application to Have This Court Retain Jurisdiction..." (Dkt. No. #22 ). See Order for specifics. (jp) |
Filing 45 ORDER by Judge Dale S. Fischer re Stipulation #44 . Having reviewed the materials provided, and good cause appearing: (1) Defendants will file their response to Plaintiffs Motion to Remand on 6/22/2020. (2) Plaintiffs will file their reply on 6/29/2020. (See Order for Specifics). (jp) |
Filing 44 Joint STIPULATION for Consideration of Stipulated Procedure ABS Healthcare Services, LLC, Health Option One, LLC. (Attachments: #1 Proposed Order)(Takashima, Edward) |
Filing 43 REPLY in Support of EX PARTE APPLICATION for Order for This Court To Retain Jurisdiction As Against Defendants Assertion of Florida State Court Jurisdiction Pending A Hearing On Plaintiffs' Motion to Retain California Jurisdiction - (OPPOSED) #22 filed by Plaintiffs Legacy Insurance Solutions LLC, Bradley Tierney. (Attachments: #1 Declaration of Frank Gooch III in Support of Plaintiffs Opposed Ex Parte Application to Have This Court Retain Jurisdiction As Against Defendants Assertion of Florida State Court Jurisdiction Pending a Hearing on Plaintiffs Motion To Retain California Jurisdiction (REPLY))(Gooch, Frank) |
Filing 42 TEXT ONLY ENTRY (IN CHAMBERS) ORDER TAKING MOTION OFF CALENDAR AND UNDER SUBMISSION Judge Dale S. Fischer. The Court, on its own motion, takes the Motion #10 set for June 4, 2020 at 10:00 a.m. off calendar and under submission. The Court will set a new hearing date if it decides oral argument would be helpful. A written order will follow. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY |
Filing 41 OPPOSITION re: EX PARTE APPLICATION for Order for This Court To Retain Jurisdiction As Against Defendants Assertion of Florida State Court Jurisdiction Pending A Hearing On Plaintiffs' Motion to Retain California Jurisdiction - (OPPOSED) #22 filed by Defendants ABS Healthcare Services, LLC, Health Option One, LLC. (Attachments: #1 Declaration of Edward H. Takashima, #2 Exhibit 1, #3 Proposed Order)(Takashima, Edward) |
Filing 40 ORDER by Judge Dale S. Fischer DENYING EX PARTE APPLICATION to Set Briefing Schedule 9Dkt. No. #39 ). See Order for specifics. (jp) |
Filing 39 EX PARTE APPLICATION for Hearing Motion to Remand, re NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles County Superior Court - West District #10 , [OPPOSED] filed by Plaintiffs Legacy Insurance Solutions LLC, Bradley Tierney. (Attachments: #1 Memorandum of Points and Authorities In Support Of Plaintiffs Opposed Ex Parte Application To Set Hearing Date For Plaintiffs Motion To Remand For June 15, 2020 Or Alternatively For June 22, 2020, #2 Declaration of Frank Gooch III In Support Of Plaintiffs Opposed Ex Parte Application To Set Hearing Date For Plaintiffs Motion To Remand For June 15, 2020 Or Alternatively For June 22, 2020, #3 Proposed Order Granting Plaintiffs Opposed Ex Parte Application To Set Hearing Date For Plaintiffs Motion To Remand For June 15, 2020 Or Alternatively For June 22, 2020) (Gooch, Frank) |
Filing 38 ORDER by Judge Dale S. Fischer Continuing Hearing on Defendants' Motion to Dismiss for Forum Non-Conveniens, or Alternatively to Transfer Pursuant to 28 USC 1404(A) #27 ; and Motion to Dismiss Pursuant to Rule 12(B)(2) and 12(B)(6) #28 from 6/15/2020 to 7/13/2020, or to an Alternative Date #37 . See Order for specifics. (jp) |
Filing 37 STIPULATION to Continue Hearings on Defendants' Motion to Dismiss For Forum Non Conveniens, or Alternatively to Transfer Pursuant to 28 U.S.C. 1404(A); and Motion to Dismiss Pursuant to Rules 12(B)(2) and 12(B)(6) from June 15, 2020 to July 13, 2020, or To An Alternative Date Re: NOTICE OF MOTION AND MOTION to Dismiss PURSUANT TO RULES 12(b)(2) AND 12(b)(6) #28 , NOTICE OF MOTION AND MOTION to Dismiss FOR FORUM NON CONVENIENS, OR, ALTERNATIVELY, TO TRANSFER PURSUANT TO 28 U.S.C. 1404(a) #27 filed by Plaintiffs Legacy Insurance Solutions LLC, Bradley Tierney. (Attachments: #1 Proposed Order Continuing Hearings on Defendants Motion to Dismiss For Forum Non-Conveniens, or Alternatively to Transfer Pursuant to 28 U.S.C. 1404(A); and Motion to Dismiss Pursuant to Rules 12(B)(2) and 12(B)(6) From June 15, 2020 to July 13, 2020, or To An Alternative Date)(Gooch, Frank) |
Filing 36 ORDER by Judge Dale S. Fischer: GRANTING #35 Non-Resident Attorney David Boies APPLICATION to Appear Pro Hac Vice on behalf of Defendants ABS Healthcare Services, LLC, Health Option One, LLC, designating Edward H Takashima as local counsel. (jp) |
Filing 35 APPLICATION of Non-Resident Attorney David Boies to Appear Pro Hac Vice on behalf of Defendants ABS Healthcare Services, LLC, Health Option One, LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26508370) filed by Defendants ABS Healthcare Services, LLC, Health Option One, LLC. (Attachments: #1 Proposed Order) (Takashima, Edward) |
Filing 34 ORDER by Judge Dale S. Fischer: GRANTING #31 Non-Resident Attorney Johnathan D Lott APPLICATION to Appear Pro Hac Vice on behalf of Defendants ABS Healthcare Services, LLC, Health Option One, LLC, designating Edward H Takashima as local counsel. (jp) |
Filing 33 ORDER by Judge Dale S. Fischer: GRANTING #30 Non-Resident Attorney Carlos M Sires APPLICATION to Appear Pro Hac Vice on behalf of Defendants ABS Healthcare Services, LLC, Health Option One, LLC, designating Edward H Takashima as local counsel. (jp) |
Filing 32 ORDER by Judge Dale S. Fischer: GRANTING #29 Non-Resident Attorney Sigrid McCawley APPLICATION to Appear Pro Hac Vice on behalf of Defendants ABS Healthcare Services, LLC, Health Option One, LLC, designating Edward H Takashima as local counsel. (jp) |
Filing 31 APPLICATION of Non-Resident Attorney Johnathan D. Lott to Appear Pro Hac Vice on behalf of Defendants ABS Healthcare Services, LLC, Health Option One, LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26490471) filed by Defendants ABS Healthcare Services, LLC, Health Option One, LLC. (Attachments: #1 Proposed Order) (Takashima, Edward) |
Filing 30 APPLICATION of Non-Resident Attorney Carlos M. Sires to Appear Pro Hac Vice on behalf of Defendants ABS Healthcare Services, LLC, Health Option One, LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26488221) filed by Defendants ABS Healthcare Services, LLC, Health Option One, LLC. (Attachments: #1 Proposed Order) (Takashima, Edward) |
Filing 29 APPLICATION of Non-Resident Attorney Sigrid McCawley to Appear Pro Hac Vice on behalf of Defendants ABS Healthcare Services, LLC, Health Option One, LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26488047) filed by Defendants ABS Healthcare Services, LLC, Health Option One, LLC. (Attachments: #1 Proposed Order) (Takashima, Edward) |
Filing 28 NOTICE OF MOTION AND MOTION to Dismiss PURSUANT TO RULES 12(b)(2) AND 12(b)(6) filed by Defendants ABS Healthcare Services, LLC, Health Option One, LLC. Motion set for hearing on 6/15/2020 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Declaration of Christa Rapoport, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Proposed Order) (Takashima, Edward) |
Filing 27 NOTICE OF MOTION AND MOTION to Dismiss FOR FORUM NON CONVENIENS, OR, ALTERNATIVELY, TO TRANSFER PURSUANT TO 28 U.S.C. 1404(a) filed by Defendants ABS Healthcare Services, LLC, Health Option One, LLC. Motion set for hearing on 6/15/2020 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Proposed Order) (Takashima, Edward) |
Filing 26 ORDER by Judge Dale S. Fischer re EX PARTE APPLICATION to Have This Court Retain Jurisdiction As Against Defendants Assertion of Florida State Court Jurisdiction Pending A Hearing On Plaintiffs' Motion to Retain California Jurisdiction #22 . The ex parte application is set for a regularly scheduled hearing on 6/15/2020 at 01:30 PM. (See Order for specifics). (jp) |
Filing 25 ORDER by Judge Dale S. Fischer: granting #21 Non-Resident Attorney David M. Stahl APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs Legacy Insurance Solutions LLC, Bradley Tierney, designating Frank Gooch, III as local counsel. (et) |
Filing 24 ORDER by Judge Dale S. Fischer: granting #20 Non-Resident Attorney Samuel A Lewis APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs Legacy Insurance Solutions LLC, Bradley Tierney, designating Frank Gooch, III as local counsel. (jp) |
Filing 23 ORDER by Judge Dale S. Fischer: granting #19 Non-Resident Attorney James A. Gale APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs Legacy Insurance Solutions LLC, Bradley Tierney., designating Frank Gooch, III as local counsel. (et) |
Filing 22 EX PARTE APPLICATION for Order for This Court To Retain Jurisdiction As Against Defendants Assertion of Florida State Court Jurisdiction Pending A Hearing On Plaintiffs' Motion to Retain California Jurisdiction - (OPPOSED) filed by Plaintiffs Legacy Insurance Solutions LLC, Bradley Tierney. (Attachments: #1 Declaration of Frank Gooch III in Support of Plaintiffs Opposed Ex Parte Application to Have This Court Retain Jurisdiction as Against Defendants Assertion of Florida State Court Jurisdiction Pending a Hearing on Plaintiffs Motion to Retain California Jurisdiction, #2 Proposed Order Granting Plaintiffs Opposed Ex Parte Application to Have This Court Retain Jurisdiction as Against Defendants Assertion of Florida State Court Jurisdiction Pending a Hearing on Plaintiffs Motion to Retain California Jurisdiction) (Gooch, Frank) |
Filing 21 APPLICATION of Non-Resident Attorney David M. Stahl to Appear Pro Hac Vice on behalf of Plaintiffs Legacy Insurance Solutions LLC, Bradley Tierney (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26425566) filed by Plaintiffs Legacy Insurance Solutions LLC, Bradley Tierney. (Attachments: #1 Proposed Order On Application of Non-Resident Attorney to Appear In a Specific Case Pro Hac Vice (David M. Stahl)) (Gooch, Frank) |
Filing 20 APPLICATION of Non-Resident Attorney Samuel A. Lewis to Appear Pro Hac Vice on behalf of Plaintiffs Legacy Insurance Solutions LLC, Bradley Tierney (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26425564) filed by Plaintiffs Legacy Insurance Solutions LLC, Bradley Tierney. (Attachments: #1 Proposed Order On Application of Non-Resident Attorney to Appear In a Specific Case Pro Hac Vice (Samuel A. Lewis)) (Gooch, Frank) |
Filing 19 APPLICATION of Non-Resident Attorney James A. Gale to Appear Pro Hac Vice on behalf of Plaintiffs Legacy Insurance Solutions LLC, Bradley Tierney (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26425555) filed by Plaintiffs Legacy Insurance Solutions LLC, Bradley Tierney. (Attachments: #1 Proposed Order On Application of Non-Resident Attorney to Appear In a Specific Case Pro Hac Vice (James A. Gale)) (Gooch, Frank) |
Filing 18 ORDER by Judge Dale S. Fischer DENYING Ex Parte Application to Shorten Time (Dkt. No. #11 ). (See Order for specifics). (jp) |
Filing 17 STANDING ORDER FOR CASES ASSIGNED TO JUDGE DALE S. FISCHER upon filing of the complaint by Judge Dale S. Fischer. If a party would be entitled to attorneys fees, counsel are referred to the Order Re Fees found on Court's website under Judge Fischer's Procedures and Schedules contained in the Judge's Requirements tab. Read all Orders carefully. They govern this case and differ in some respects from the Local Rules. COUNSEL ARE ORDERED TO PROVIDE A MANDATORY CHAMBERS COPY OF THE COMPLAINT, NOTICE OF REMOVAL, AND ANY OTHER INITIATING DOCUMENTS. (rfi) |
Filing 16 ORDER TO REASSIGN CASE due to self-recusal pursuant to General Order 19-03 by Judge Philip S. Gutierrez. Case transferred from Judge Philip S. Gutierrez to the calendar of Judge Dale S. Fischer for all further proceedings. Case number now reads as 2:20-cv-04097 DSF(JEMx). (rn) |
Filing 15 OPPOSITION Opposition re: EX PARTE APPLICATION to Shorten Time for Hearing on re NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles County Superior Court - West District #10 to May 12, 2020 (OPPOSED EX PARTE APPLICATION) #11 filed by Defendants ABS Healthcare Services, LLC, Health Option One, LLC. (Attachments: #1 Declaration of Edward H. Takashima, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Proposed Order)(Takashima, Edward) |
Filing 14 DECLARATION of Bradley Tierney In Support of NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles County Superior Court - West District #10 (AMENDED DECLARATION) filed by Plaintiffs Legacy Insurance Solutions LLC, Bradley Tierney. (Gooch, Frank) |
Filing 13 STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge Philip S. Gutierrez. (ji) |
Filing 12 NOTICE OF REASSIGNMENT of MJDAP case from Magistrate Judge Alka Sagar to Judge Philip S. Gutierrez for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge John E. McDermott. The case number will now reflect the initials of the transferee Judges 2:20-cv-04097 PSG(JEMx). (rn) |
Filing 11 EX PARTE APPLICATION to Shorten Time for Hearing on re NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles County Superior Court - West District #10 to May 12, 2020 (OPPOSED EX PARTE APPLICATION) filed by Plaintiffs Legacy Insurance Solutions LLC, Bradley Tierney. (Attachments: #1 Declaration of Frank Gooch III ISO Opposed Ex Parte Application for Remand or, in the Alternative for an Order Shortening Time for a Hearing on Their Motion for Remand, #2 Proposed Order Granting Plaintiffs Ex Parte Application for Remand, or in the Alternative for an Order Shortening Time for a Hearing on Their Motion for Remand) (Gooch, Frank) |
Filing 10 NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles County Superior Court - West District filed by Plaintiffs Legacy Insurance Solutions LLC, Bradley Tierney. Motion set for hearing on 6/4/2020 at 10:00 AM before Magistrate Judge Alka Sagar. (Attachments: #1 Declaration of Frank Gooch III ISO In Compliance with Local Rule 7-3 Re Filing of Motion for Remand, #2 Declaration of Adam Beeman ISO Motion for Remand, #3 Declaration of Bradley Tierney ISO Motion for Remand, #4 Proposed Order Granting Plaintiffs Motion for Remand to State Court) (Gooch, Frank) |
Filing 9 REMINDER NOTICE re Magistrate Judge Direct Assignment Program. Each party must file form CV-11C within the consent deadlines pursuant to L.R. 73-2. Additionally, the parties are directed to L.R. 73-2.2 Proof of Service. In any case in which only a magistrate judge is initially assigned, plaintiff must file a proof of service within 10 days of service of the summons and complaint as to each defendant. (hr) |
Filing 8 CERTIFICATE OF SERVICE filed by Defendants ABS Healthcare Services, LLC, Health Option One, LLC, served on 5/5/2020. (Attachments: #1 Exhibit A)(Takashima, Edward) |
Filing 7 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney David M. Stahl. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (esa) |
Filing 6 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Samuel A. Lewis. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (esa) |
Filing 5 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney James A Gale. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (esa) |
Filing 4 NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Alka Sagar. (Attachments: #1 CV 11C) (esa) |
CONFORMED COPY OF PROOF OF SERVICE executed by Plaintiffs Legacy Insurance Solutions LLC, Bradley Tierney, upon Defendant ABS Healthcare Services, LLC served on 4/24/2020. Service of the Summons and Complaint were executed upon CSC, Agent for Service of Process, in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (filed in state court 4/29/20, submitted as document 1, attachment 5) (esa) |
CONFORMED COPY OF COMPLAINT against defendants ABS Healthcare Services, LLC, Does, Health Option One, LLC, Jury Demanded, filed by plaintiffs Legacy Insurance Solutions LLC, Bradley Tierney. (filed in state court 4/23/20, submitted as document 1, attachment 1) (esa) |
Filing 3 CORPORATE DISCLOSURE STATEMENT and Notice of Interested Parties filed by Defendant ABS HEALTHCARE SERVICES, LLC, a Florida limited liability company, Movant HEALTH OPTION ONE, LLC, a Florida limited liability company (Takashima, Edward) |
Filing 2 CIVIL COVER SHEET filed by Defendant ABS HEALTHCARE SERVICES, LLC, a Florida limited liability company, Movant HEALTH OPTION ONE, LLC, a Florida limited liability company. (Takashima, Edward) |
Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 20SMCV00617 Receipt No: ACACDC-26328954 - Fee: $400, filed by Defendant HEALTH OPTION ONE, LLC, a Florida limited liability company, ABS HEALTHCARE SERVICES, LLC, a Florida limited liability company. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Summons, #3 Exhibit C - Civil Case Cover Sheet, #4 Exhibit D - Notice of Case Assignment, #5 Exhibit E - Proof of Service, #6 Exhibit F - California Business Search records) (Attorney Edward H Takashima added to party ABS HEALTHCARE SERVICES, LLC, a Florida limited liability company(pty:dft), Attorney Edward H Takashima added to party HEALTH OPTION ONE, LLC, a Florida limited liability company(pty:bkmov))(Takashima, Edward) |
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