Yonnedil Carror Torres et al v. Louis Milusnic et al
| Shawn L. Fears, Felix Samuel Garcia, Yonnedil Carror Torres, Andre Brown and Vincent Reed |
| Michael Carvajal and Louis Milusnic |
| 2:2020cv04450 |
| May 16, 2020 |
| US District Court for the Central District of California |
| Pedro V Castillo |
| Consuelo B Marshall |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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| Filing 46 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case #36 filed by Plaintiffs Andre Brown, Yonnedil Carror Torres, Shawn L. Fears, Felix Samuel Garcia, Vincent Reed. (Rim, Naeun) |
Filing 45
ORDER RE: PLAINTIFF - PETITIONERS MOTION FOR PRELIMINARY INJUNCTION, AND EX PARTE APPLICATION FOR PROVISIONAL CLASS CERTIFICATION' #18 , #22 by Judge Consuelo B. Marshall: The Court GRANTS Petitioners Motion for Preliminary Injunction and Ex Parte Application for Provisional Class Certification as follows: 1. The Court certifies, on a provisional basis, a class defined as allcurrent and future people in post-conviction custody at FCI Lompoc and USP Lompoc over the age of 50, and all current and future people in post-conviction custody at FCI Lompoc and USP Lompoc of any age with underlying health conditions, including chronic obstructive pulmonary disease; serious heart conditions such as heart failure, coronary artery disease, or cardiomyopathies; Type 2 diabetes; chronic kidney disease; sickle cell disease; immunocompromised state from a solid organ transplant; obesity (body mass index of 30 or higher); asthma; cerebrovascular diseases; cystic fibrosis; hypertension or high blood pressure; immunocompromised state from blood or bone marrow transplant; immune deficiencies, HIV, or those who use corticosteroids, or use other immune weakening medicines; neurologic conditions such as dementia; liver diseases; pulmonary fibrosis; thalassemia; Type 1 diabetes; and smokers (hereinafter, Underlying Health Conditions); 2. No later than July 20, 2020, Respondents shall file under seal a list with the Court which: (a) identifies all members of the class defined in this Order; (b) identifies each class members sentencing court and the criminal case number; and (c) identifies whether the class member has (i) submitted a request for compassionate release, and if so whether a decision has been made as to the request, and (ii) been reviewed for home confinement since March 26, 2020, and if so, whether the inmate has been designated for home confinement; 3. No later than July 22, 2020, Respondents shall file a declaration setting forth the process used to identify the class members in the list filed; 4. No later than July 22, 2020, notify inmates that they are being considered for home confinement and institute a process, including free telephone calls or emails to their families so that inmates can provide Respondents with a plan for release to home confinement, which includes any information about their ability to quarantine for 14 days upon release; 5. No later than July 28, 2020, Respondents shall make full and speedy use of their authority under the CARES Act and evaluate each class members eligibility for home confinement which gives substantial weight to the inmates risk factors for severe illness or death from COVID-19 based on age (over 50) or Underlying Health Conditions; 6. No later than July 29, 2020, Respondents shall file under seal a declaration setting forth a list of class members whom Respondents have determined are eligible for home confinement, and an explanation for each denial of home confinement of any class member, including an explanation of the factual basis for any factors determined to outweigh the danger to the inmate from COVID-19; 7. No later than July 22, 2020, file a declaration setting forth criteria for compassionate release which takes into account COVID-19, and an explanation if no such criteria for compassionate release exists which takes into account COVID-19 as to Lompoc inmates; and 8. No later than August 3, 2020, for any Lompoc inmate who has made a written request for compassionate release based on COVID-19 but has not received a decision, Respondents shall provide written notice of either (a) a referral of the matter in writing with recommendation of approval of the request pursuant to 28 C.F.R. 571.62, or (b) a denial of the request and copy of the applicable appeal form pursuant to 28 C.F.R. 571.63, 542.15. The Court further orders the parties to meet and confer no later than July 17, 2020 regarding arrangements for a site visit of Lompoc and a process in which Petitioners counsel can confidentially communicate with Petitioners and class members, and file a joint status report re same no later than July 20, 2020. (shb)
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Filing 44
MINUTE ORDER IN CHAMBERS by Judge Consuelo B. Marshall re: PLAINTIFF-PETITIONERS' EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION as to Defendant-Respondents, #18 . The Application for Temporary Restraining Order is converted to an Expedited Motion for Preliminary Injunction. The parties shall not file additional evidence or briefs re the TRO/Preliminary Injunction absent leave of Court. The motion for preliminary injunction is deemed submitted. (shb)
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| Filing 43 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document, #39 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Civil Events Motions and Related Filings Responses/Replies/Other Motion Related Documents - Select - Supplement (Motion related). 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. (shb) |
| Filing 42 NOTICE of Non-Opposition to Converting July 7, 2020 Hearing Re: Temporary Restraining Order to Preliminary Injunction and Response to Petitioners' Notice of Non-Opposition [Dkt. No. 41] filed by Respondents Michael Carvajal, Louis Milusnic. (Yang, Jasmin) |
| Filing 41 NOTICE OF NON-OPPOSITION To Converting July 7 Hearing Re: Temporary Restraining Order To Preliminary Injunction filed by Plaintiffs Andre Brown, Yonnedil Carror Torres, Shawn L. Fears, Felix Samuel Garcia, Vincent Reed. (Rim, Naeun) |
| Filing 40 NOTICE OF SUPPLEMENTAL AUTHORITY; (2) REQUEST FOR JUDICIAL NOTICE; AND (3) OBJECTION TO PETITIONERS' SUPPLEMENTAL DECLARATION IN SUPPORT OF EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER filed by RESPONDENTS Michael Carvajal, Louis Milusnic. (Attachments: #1 Declaration P. Green)(Staub, Keith) |
| Filing 39 Plaintiff-Petitioners' Supplemental Filing in Support of Ex Parte Application for Temporary Restraining Order and Order to Show Cause Re Preliminary Injunction; Declaration of Jimmy Threatt in Support filed by Plaintiffs Andre Brown, Yonnedil Carror Torres, Shawn L. Fears, Felix Samuel Garcia, Vincent Reed re: EX PARTE APPLICATION for Temporary Restraining Order as to Defendant-Respondents and Order to Show Cause re: Preliminary Injunction #18 (Rim, Naeun) |
| Filing 38 MINUTES OF TELEPHONIC HEARING RE EX PARTE APPLICATION RE TEMPORARY RESTRAINING ORDER #22 Hearing held before Judge Consuelo B. Marshall: The case is called and counsel state their appearance. The Court is present, via telephone, court and counsel confer regarding the status of the case. Following discussions with the parties, the Court will take the matter under submission. Counsel shall meet and confer and alert the Court if there is anything further for the Court to consider. A written order will issue. Court Reporter: Maria Bustillos. (shb) |
| Filing 37 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss Case #36 . The following error(s) was/were found: The Motion to Dismiss is set for hearing before the Hon. Consuelo B. Marshall and the proposed order indicates that Judge Michael F. Fitzgerald. 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. (shb) |
| Filing 36 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Respondents Michael Carvajal, Louis Milusnic. Motion set for hearing on 8/4/2020 at 10:00 AM before Judge Consuelo B. Marshall. (Attachments: #1 Proposed Order) (Staub, Keith) |
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Filing 35
MINUTE IN CHAMBERS ORDER AND NOTICE TO ALL PARTIES by Judge Consuelo B. Marshall: Counsel are hereby notified that pursuant to the Judge's directive, the Plaintiff's Ex parte application for Temporary Restraining Order #18 and Plaintiff's Ex parte application for provisional class certification #22 are hereby set for hearing on July 7, 2020 at 11:00 a.m. (shb)
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| Filing 34 REPLY in Support of EX PARTE APPLICATION to Certify Class (Provisional) #22 filed by Plaintiffs Andre Brown, Yonnedil Carror Torres, Shawn L. Fears, Felix Samuel Garcia, Vincent Reed. (Specter, Donald) |
| Filing 33 NOTICE OF SUPPLEMENTAL AUTHORITY IN SUPPORT OF PLAINTIFF-PETITIONERS' EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER filed by Plaintiffs Andre Brown, Yonnedil Carror Torres, Shawn L. Fears, Felix Samuel Garcia, Vincent Reed (Attachments: #1 Exhibit Amended Order)(Shin, Kate) |
| Filing 32 REPLY in support of EX PARTE APPLICATION for Temporary Restraining Order as to Defendant-Respondents and Order to Show Cause re: Preliminary Injunction #18 filed by Plaintiffs Andre Brown, Yonnedil Carror Torres, Shawn L. Fears, Felix Samuel Garcia, Vincent Reed. (Attachments: #1 Declaration of Oliver Rocos)(Rim, Naeun) |
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Filing 31
STIPULATED PROTECTIVE ORDER by Judge Consuelo B. Marshall. See order for details. (shb)
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| Filing 30 Notice of Appearance or Withdrawal of Counsel: for attorney Oliver Rocos counsel for Plaintiffs Andre Brown, Yonnedil Carror Torres, Shawn L. Fears, Felix Samuel Garcia, Vincent Reed. Adding Oliver Rocos as counsel of record for YONNEDIL CARROR TORRES; VINCENT REED; FELIX SAMUEL GARCIA; ANDRE BROWN; SHAWN L. FEARS, individually and on behalf of all others similarly situated for the reason indicated in the G-123 Notice. Filed by Plaintiff-Petitioners YONNEDIL CARROR TORRES; VINCENT REED; FELIX SAMUEL GARCIA; ANDRE BROWN; SHAWN L. FEARS, individually and on behalf of all others similarly situated. (Attorney Oliver Rocos added to party Andre Brown(pty:pla), Attorney Oliver Rocos added to party Yonnedil Carror Torres(pty:pla), Attorney Oliver Rocos added to party Shawn L. Fears(pty:pla), Attorney Oliver Rocos added to party Felix Samuel Garcia(pty:pla), Attorney Oliver Rocos added to party Vincent Reed(pty:pla))(Rocos, Oliver) |
| Filing 29 OPPOSITION IN OPPOSITION re: EX PARTE APPLICATION to Certify Class (Provisional) #22 filed by Defendants Michael Carvajal, Louis Milusnic. (Staub, Keith) |
| Filing 28 NOTICE OF SUPPLEMENTAL AUTHORITY IN OPPOSITION TO PETITIONERS EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER filed by Respondents Michael Carvajal, Louis Milusnic. (Attachments: #1 Exhibit June 8, 2020 order in Wilson v. Ponce)(Staub, Keith) |
| Filing 27 Notice of Appearance or Withdrawal of Counsel: for attorney Kate S Shin counsel for Plaintiffs Andre Brown, Yonnedil Carror Torres, Shawn L. Fears, Felix Samuel Garcia, Vincent Reed. Adding Kate S. Shin as counsel of record for YONNEDIL CARROR TORRES; VINCENT REED; FELIX SAMUEL GARCIA; ANDRE BROWN; SHAWN L. FEARS, individually and on behalf of all others similarly situated for the reason indicated in the G-123 Notice. Filed by Plaintiff-Petitioners YONNEDIL CARROR TORRES; VINCENT REED; FELIX SAMUEL GARCIA; ANDRE BROWN; SHAWN L. FEARS, individually and on behalf of all others similarly situated. (Attorney Kate S Shin added to party Andre Brown(pty:pla), Attorney Kate S Shin added to party Yonnedil Carror Torres(pty:pla), Attorney Kate S Shin added to party Shawn L. Fears(pty:pla), Attorney Kate S Shin added to party Felix Samuel Garcia(pty:pla), Attorney Kate S Shin added to party Vincent Reed(pty:pla))(Shin, Kate) |
| Filing 26 STIPULATION for Protective Order filed by Plaintiff-petitioner Yonnedil Carror Torres. (Attachments: #1 Exhibit)(Norman, Sara) |
| Filing 25 OPPOSITION IN OPPOSITION re: EX PARTE APPLICATION for Temporary Restraining Order as to Defendant-Respondents and Order to Show Cause re: Preliminary Injunction #18 filed by Defendants Michael Carvajal, Louis Milusnic. (Attachments: #1 Declaration Engleman, #2 Declaration Cross, #3 Declaration Arnold)(Staub, Keith) |
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Filing 24
ORDER GRANTING STIPULATION RE: BRIEFING OF PETITIONERS' EX PARTE APPLICATION FOR PROVISIONAL CLASS CERTIFICATION (Ecf. No. 22) #23 by Judge Consuelo B. Marshall: 1. The Stipulation is GRANTED. 2. Respondents shall file their oppositions to Petitioners' Ex Parte Application for Class Certification by Tuesday, June 9, 2020 at 10:00 a.m.; and Petitioners shall file their reply by June 11, 2020 at 5:00 p.m. (shb)
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| Filing 23 STIPULATION for Order GRANTING STIPULATION RE: BRIEFING OF PETITIONERS EX PARTE APPLICATION FOR PROVISIONAL CLASS CERTIFICATION (ECF. No. 22) filed by Respondents Michael Carvajal, Louis Milusnic. (Attachments: #1 Proposed Order)(Staub, Keith) |
| Filing 22 EX PARTE APPLICATION to Certify Class (Provisional) filed by Plaintiff-Petitioners Andre Brown, Yonnedil Carror Torres, Shawn L. Fears, Felix Samuel Garcia, Vincent Reed. (Attachments: #1 Declaration of Donald Specter, #2 Declaration of Naeun Rim, #3 Declaration of Peter Eliasberg, #4 Proposed Order) (Rim, Naeun) |
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Filing 21
MINUTES IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIES by Judge Consuelo B. Marshall: Counsel are hereby notified that pursuant to the Judge's directive, the ex parte to exceed page application for Temporary Restraining Order and Order to Show Cause Re: Preliminary Injunction #17 is hereby denied as moot in light of the stipulation #19 . (shb)
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Filing 20
ORDER GRANTING STIPULATION RE: BRIEFING OF PETITIONERS EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER (ECF. No. 18) by Judge Consuelo B. Marshall: 1. The Stipulation is GRANTED; 2. (a) Petitioners and Respondents may extend the page limit in briefing their Ex Parte TRO and Opposition thereto to 65 pages each; (b) Respondents shall file their opposition to Petitioners Temporary Restraining Order as to Defendant-Respondents and Order to Show Cause re: Preliminary Injunction by Friday, June 5, 2020; and (c) Petitioners may file their reply by June 9, 2020. (shb)
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| Filing 19 STIPULATION for Order GRANTING STIPULATION RE: BRIEFING OF PETITIONERS EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER (ECF. No. 18) filed by Respondents Michael Carvajal, Louis Milusnic. (Attachments: #1 Proposed Order)(Staub, Keith) |
| Filing 18 EX PARTE APPLICATION for Temporary Restraining Order as to Defendant-Respondents and Order to Show Cause re: Preliminary Injunction filed by Plaintiff-Petitioners Andre Brown, Yonnedil Carror Torres, Shawn L. Fears, Felix Samuel Garcia, Vincent Reed. (Attachments: #1 Declaration of Naeun Rim, #2 Declaration of Jimmy Threatt, #3 Proposed Order) (Rim, Naeun) |
| Filing 17 EX PARTE APPLICATION to Exceed Page Limitation on Ex Parte Application for Temporary Restraining Order and Order to Show Cause Re: Preliminary Injunction filed by Plaintiff-Petitioners Andre Brown, Yonnedil Carror Torres, Shawn L. Fears, Felix Samuel Garcia, Vincent Reed. (Attachments: #1 Proposed Order) (Rim, Naeun) |
| Filing 16 COMPLAINT with filing fee previously paid ($400 paid on May 16, 2020, receipt number 26467298), filed by Plaintiffs-Petitioners Yonnedil Carror Torres, Andre Brown, Felix Samuel Garcia, Vincent Reed, Shawn L. Fears.(Rim, Naeun) |
| Filing 15 NOTICE OF ERRATA filed by Plaintiffs Andre Brown, Yonnedil Carror Torres, Shawn L. Fears, Felix Samuel Garcia, Vincent Reed. correcting Complaint (Attorney Civil Case Opening), #1 Regarding Clerical Errors in Complaint (Dkt. 1) (Rim, Naeun) |
| Filing 14 Notice of Appearance or Withdrawal of Counsel: for attorney Chung Hae Han counsel for Defendants Michael Carvajal, Louis Milusnic. Adding Chung H. Han as counsel of record for Louis Milusnic, Warden, Terminal Island; Michael Carvajal, Director, Federal Bureau of Prisons for the reason indicated in the G-123 Notice. Filed by respondents Louis Milusnic, Michael Carvajal. (Attorney Chung Hae Han added to party Michael Carvajal(pty:dft), Attorney Chung Hae Han added to party Louis Milusnic(pty:dft))(Han, Chung) |
| Filing 13 Notice of Appearance or Withdrawal of Counsel: for attorney Damon A Thayer counsel for Defendants Michael Carvajal, Louis Milusnic. Adding Damon A. Thayer as counsel of record for Defendants/Respondents LOUIS MILUSNIC, in his capacity as Warden of Lompoc; and MICHAEL CARVAJAL, in his capacity as Director of the Bureau of Prisons for the reason indicated in the G-123 Notice. Filed by Defendants/Respondents Defendants/Respondents LOUIS MILUSNIC, in his capacity as Warden of Lompoc; and MICHAEL CARVAJAL, in his capacity as Director of the Bureau of Prisons. (Attachments: #1 Proof of Service)(Thayer, Damon) |
| Filing 12 Notice of Appearance or Withdrawal of Counsel: for attorney Damon A Thayer counsel for Defendants Michael Carvajal, Louis Milusnic. Adding Damon A Thayer as counsel of record for LOUIS MILUSNIC, in his capacity as Warden of Lompoc; and MICHAEL CARVAJAL, in his capacity as Director of the Bureau of Prisons for the reason indicated in the G-123 Notice. Filed by Defendants/Respondents LOUIS MILUSNIC, in his capacity as Warden of Lompoc; and MICHAEL CARVAJAL, in his capacity as Director of the Bureau of Prisons. (Attachments: #1 Proof of Service)(Attorney Damon A Thayer added to party Michael Carvajal(pty:dft), Attorney Damon A Thayer added to party Louis Milusnic(pty:dft))(Thayer, Damon) |
| Filing 11 Notice of Appearance or Withdrawal of Counsel: for attorney Jasmin Yang counsel for Defendants Michael Carvajal, Louis Milusnic. Adding Jasmin Yang as counsel of record for Louis Milusnic, in his capacity as Warden of Lompoc and Michael Carvajal in his capacity as Director of the Bureau of Prisons for the reason indicated in the G-123 Notice. Filed by Respondents Louis Milusnic, in his capacity as Warden of Lompoc, Michael Carvajal in his capacity as Director of the Bureau of Prisons. (Attorney Jasmin Yang added to party Michael Carvajal(pty:dft), Attorney Jasmin Yang added to party Louis Milusnic(pty:dft))(Yang, Jasmin) |
| Filing 10 Notice of Appearance or Withdrawal of Counsel: for attorney Paul Bartholomew Green counsel for Defendants Michael Carvajal, Louis Milusnic. Adding Paul Bartholomew Green as counsel of record for Louis Milusnic and Michael Carvajal for the reason indicated in the G-123 Notice. Filed by Respondents Louis Milusnic and Michael Carvajal. (Attorney Paul Bartholomew Green added to party Michael Carvajal(pty:dft), Attorney Paul Bartholomew Green added to party Louis Milusnic(pty:dft))(Green, Paul) |
| Filing 9 Notice of Appearance or Withdrawal of Counsel: for attorney Keith M Staub counsel for Defendants Michael Carvajal, Louis Milusnic. Adding Keith M. Staub as counsel of record for Louis Milusnic, in his capacity as Warden of Lompoc; Michael Carvajal, in his capacity as Director of the Bureau of Prisons for the reason indicated in the G-123 Notice. Filed by Defendants Louis Milusnic, in his capacity as Warden of Lompoc; Michael Carvajal, in his capacity as Director of the Bureau of Prisons. (Attachments: #1 Proof of Service)(Attorney Keith M Staub added to party Michael Carvajal(pty:dft), Attorney Keith M Staub added to party Louis Milusnic(pty:dft))(Staub, Keith) |
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Filing 8
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19-03 (Related Case) filed. Transfer of case declined by Judge Terry J. Hatter, Jr, for the reasons set forth on this order. Related Case No. 5:20-cv-00768 TJH(PVC) (rn)
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Filing 7
STANDING ORDER upon filing of the complaint by Judge Consuelo B. Marshall. READ THIS ORDER CAREFULLY. It controls this case and may differ in some respects from the Local Rules. (ys)
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| Filing 6 60 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendants Michael Carvajal, Louis Milusnic. (lh) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Consuelo B. Marshall and Magistrate Judge Pedro V. Castillo. (lh) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff-Petitioners Andre Brown, Yonnedil Carror Torres, Shawn L. Fears, Felix Samuel Garcia, Vincent Reed. (Rim, Naeun) |
| Filing 3 CERTIFICATE of Interested Parties filed by Plaintiff-Petitioners Andre Brown, Yonnedil Carror Torres, Shawn L. Fears, Felix Samuel Garcia, Vincent Reed, (Attachments: #1 Attachment A)(Rim, Naeun) |
| Filing 2 CIVIL COVER SHEET filed by Petitioners Andre Brown, Yonnedil Carror Torres, Shawn L. Fears, Felix Samuel Garcia, Vincent Reed. (Rim, Naeun) |
| Filing 1 COMPLAINT Receipt No: ACACDC-26467298 - Fee: $400, filed by Plaintiff-Petitioners Yonnedil Carror Torres, Andre Brown, Felix Samuel Garcia, Vincent Reed, Shawn L. Fears. (Attorney Naeun Rim added to party Andre Brown(pty:pet), Attorney Naeun Rim added to party Yonnedil Carror Torres(pty:pet), Attorney Naeun Rim added to party Shawn L. Fears(pty:pet), Attorney Naeun Rim added to party Felix Samuel Garcia(pty:pet), Attorney Naeun Rim added to party Vincent Reed(pty:pet))(Rim, Naeun) |
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