Lance Aaron Wilson et al v. Felicia L Ponce et al
| Lance Aaron Wilson, Maurice Smith and Edgar Vasquez |
| Felicia L. Ponce and Michael Carvajal |
| 2:2020cv04451 |
| May 16, 2020 |
| US District Court for the Central District of California |
| Michael W Fitzgerald |
| Michael R Wilner |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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Filing 58
MINUTES (IN CHAMBERS) ORDER RE: SUPPLEMENTAL MEMORANDUM IN SUPPORT OF EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION #49 by Judge Michael W. Fitzgerald. The Supplemental TRO Application is DENIED in part. (iv)
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| Filing 57 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Case Under Fed.R.Civ.P.12(b)(1) and 12(b)(6); Memorandum of Points and Authorities #55 filed by Respondents Michael Carvajal, Felicia L. Ponce. (Han, Chung) |
| Filing 56 OPPOSITION re: NOTICE OF MOTION AND MOTION to Dismiss Case Under Fed.R.Civ.P.12(b)(1) and 12(b)(6); Memorandum of Points and Authorities #55 filed by Petitioners Maurice Smith, Edgar Vasquez, Lance Aaron Wilson. (Rim, Naeun) |
| Filing 55 NOTICE OF MOTION AND MOTION to Dismiss Case Under Fed.R.Civ.P.12(b)(1) and 12(b)(6); Memorandum of Points and Authorities filed by Respondents Michael Carvajal, Felicia L. Ponce. Motion set for hearing on 7/27/2020 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Proposed Order) (Han, Chung) |
| Filing 54 RESPONDENTS SUBMISSION OF A NEUTRAL INSPECTOR PURSUANT TO COURTS ORDER filed by Respondents Michael Carvajal, Felicia L. Ponce re: Minutes of In Chambers Order/Directive - no proceeding held,,,, #48 (Attachments: #1 Exhibit 1-Linda M. Follenweider CV, #2 Exhibit 2-Letter from Cook County)(Staub, Keith) |
| Filing 53 Plaintiff-Petitioners' Proposed Experts (Attachments: #1 Exhibit Attachments A-D)(Norman, Sara) |
| Filing 52 NOTICE of Filing Original Signature Page of Declaration of Todd Javernick in support of Respondents' Supplemental Memorandum in support of Opposition to Ex Parte Application for Temporary Restraining Order and Order to Show Cause re Preliminary Injunction filed by Respondents Michael Carvajal, Felicia L. Ponce. (Yang, Jasmin) |
| Filing 51 DECLARATION of Todd Javernick re Motion Related Document, #50 in support of Respondents' Supplemental Opposition to Ex Parte Application for Temporary Restraining Order and Order to Show Cause Re Preliminary Injunction filed by Respondents Michael Carvajal, Felicia L. Ponce. (Yang, Jasmin) |
| Filing 50 RESPONDENTS' SUPPLEMENTAL MEMORANDUM IN OPPOSITION TO EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION re EX PARTE APPLICATION for Temporary Restraining Order as to Defendant-Respondents and Order to Show Cause re: Preliminary Injunction #10 filed by Respondents Michael Carvajal, Felicia L. Ponce. (Attachments: #1 Exhibit "A")(Han, Chung) |
| Filing 49 MEMORANDUM in Support of EX PARTE APPLICATION for Temporary Restraining Order as to Defendant-Respondents and Order to Show Cause re: Preliminary Injunction #10 (Supplemental) filed by Petitioners Maurice Smith, Edgar Vasquez, Lance Aaron Wilson. (Rim, Naeun) |
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Filing 48
MINUTES (IN CHAMBERS) ORDER RE: PROPOSED BRIEFING SCHEDULE AND EXPEDITED DISCOVERY #46 by Judge Michael W. Fitzgerald. Petitioners may file a Supplemental TRO Brief by no later than June 22, 2020, and Respondents may file an Opposition to the Supplemental TRO Brief by no later than June 25, 2020. Respondents shall respond to Interrogatories 1-19 set forth in Petitioners' Ex Parte Application for Expedited Discovery by no later than June 24, 2020. Respondents shall further respond to Interrogatories 20 and 21, by no later than June 26, 2020. Petitioners' request for the production of additional document requests, as outlined on pages 11-12 of the Joint Statement, is DENIED. The parties are ORDERED to further meet and confer regarding outstanding discovery issues, including the appointment of the inspector. Should the parties not be able to agree on an inspector for the site visit, the parties may each submit two names by no later than June 26, 2020 and the Court will appoint the inspector. (iv)
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| Filing 47 MINUTES OF TELEPHONIC HEARING RE EX PARTE APPLICATION FOR TRO AND ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION held before Judge Michael W. Fitzgerald. Case called, and counsel make their appearance. Counsel discuss proposed briefing schedule and proposed expedited discovery. An order will issue. Court Reporter: Amy Diaz. (iv) |
| Filing 46 STATEMENT Joint Statement on Proposed Briefing Schedule and Expedited Discovery filed by Respondents Michael Carvajal, Felicia L. Ponce, Petitioners Maurice Smith, Edgar Vasquez, Lance Aaron Wilson (Attachments: #1 Exhibit A)(Rim, Naeun) |
| Filing 45 TRANSCRIPT ORDER as to Plaintiff-Petitioners Maurice Smith, Edgar Vasquez, Lance Aaron Wilson for Court Reporter. Court will contact Rebekah Flores at rflores@birdmarella.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Rim, Naeun) |
| Filing 44 MINUTES OF TELEPHONIC HEARING RE EX PARTE APPLICATION FOR TRO AND ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION held before Judge Michael W. Fitzgerald. For the reasons stated on the record, the parties are ordered to file a document by June 17, 2020 at 5 p.m. with a proposed plan. The Court will set another telephonic hearing on June 19, 2020. Court Reporter: Amy Diaz. (iv) |
| Filing 43 SCHEDULING NOTICE by Judge Michael W. Fitzgerald. On the Court's own motion after conferring with counsel on June 12, 2020, a Further TELEPHONIC HEARING RE EX PARTE APPLICATION FOR TRO AND ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION is set for 6/19/2020 at 11:00 AM before Judge Michael W. Fitzgerald. Conference Call number (877) 411-9748; Access Code: 6448503. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY |
| Filing 42 SCHEDULING NOTICE by Judge Michael W. Fitzgerald. The parties are ORDERED to meet and confer and then file by no later than June 17, 2020, at 5:00 p.m., a single document containing the following information: (1) a proposed briefing schedule in regard to injunctive relief based on the second claim for violations of the Eighth Amendment; (2) the discovery that is already provided on which the parties have agreed; and (3) the proposed expedited discovery plans of the parties, to the extent they cannot agree. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY |
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Filing 41
MINUTES (IN CHAMBERS) AMENDED ORDER DENYING EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION #10 Re: Order #36 by Judge Michael W. Fitzgerald. The TRO Application is DENIED on the sole ground that a writ of habeas corpus, the only asserted ground for the TRO Application, does not encompass the requested relief. (iv)
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| Filing 40 NOTICE OF SUPPLEMENTAL AUTHORITY filed by RESPONDENTS Michael Carvajal, Felicia L. Ponce. (Attachments: #1 Exhibit A)(Staub, Keith) |
| Filing 39 Notice of Appearance or Withdrawal of Counsel: for attorney Oliver Rocos counsel for Petitioners Maurice Smith, Edgar Vasquez, Lance Aaron Wilson. Adding Oliver Rocos as counsel of record for LANCE AARON WILSON; MAURICE SMITH; EDGAR VASQUEZ, individually and on behalf of all others similarly situated for the reason indicated in the G-123 Notice. Filed by Plaintiff-Petitioners LANCE AARON WILSON; MAURICE SMITH; EDGAR VASQUEZ, individually and on behalf of all others similarly situated. (Attorney Oliver Rocos added to party Maurice Smith(pty:pet), Attorney Oliver Rocos added to party Edgar Vasquez(pty:pet), Attorney Oliver Rocos added to party Lance Aaron Wilson(pty:pet))(Rocos, Oliver) |
| Filing 38 Notice of Appearance or Withdrawal of Counsel: for attorney Kate S Shin counsel for Petitioners Maurice Smith, Edgar Vasquez, Lance Aaron Wilson. Adding Kate S. Shin as counsel of record for LANCE AARON WILSON; MAURICE SMITH; EDGAR VASQUEZ, individually and on behalf of all others similarly situated for the reason indicated in the G-123 Notice. Filed by Plaintiff-Petitioners LANCE AARON WILSON; MAURICE SMITH; EDGAR VASQUEZ, individually and on behalf of all others similarly situated. (Attorney Kate S Shin added to party Maurice Smith(pty:pet), Attorney Kate S Shin added to party Edgar Vasquez(pty:pet), Attorney Kate S Shin added to party Lance Aaron Wilson(pty:pet))(Shin, Kate) |
| Filing 37 SCHEDULING NOTICE by Judge Michael W. Fitzgerald. On the Court's own motion, a TELEPHONIC HEARING RE EX PARTE APPLICATION FOR TRO AND ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION is set for 6/12/2020 at 11:00 AM before Judge Michael W. Fitzgerald. Conference Call number (877) 411-9748; Access Code: 6448503. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY |
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Filing 36
MINUTES (In Chambers): ORDER DENYING EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION #10 by Judge Michael W. Fitzgerald. The TRO Application is DENIED on the sole ground that a writ of habeas corpus, the only asserted ground for the TRO Application, does not encompass the requested relief. See minute order for details. (lom)
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Filing 35
STIPULATED PROTECTIVE ORDER #34 by Judge Michael W. Fitzgerald. SEE ORDER FOR DETAILS. (iv)
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| Filing 34 STIPULATION for Protective Order filed by Plaintiff-petitioner Lance Aaron Wilson. (Attachments: #1 Proposed Order)(Norman, Sara) |
| Filing 33 REPLY in Support of Motion EX PARTE APPLICATION to Certify Class (Provisional) #22 filed by Petitioner Lance Aaron Wilson. (Specter, Donald) |
| Filing 32 OPPOSITION re: EX PARTE APPLICATION to Expedite Discovery #29 filed by Respondents Michael Carvajal, Felicia L. Ponce. (Staub, Keith) |
| Filing 31 OPPOSITION re: EX PARTE APPLICATION to Certify Class (Provisional) #22 filed by Respondents Michael Carvajal, Felicia L. Ponce. (Staub, Keith) |
| Filing 30 REPLY in Support of EX PARTE APPLICATION for Temporary Restraining Order as to Defendant-Respondents and Order to Show Cause re: Preliminary Injunction #10 filed by Petitioners Maurice Smith, Edgar Vasquez, Lance Aaron Wilson. (Attachments: #1 Declaration of Shoshana E. Bannett)(Rim, Naeun) |
| Filing 29 EX PARTE APPLICATION to Expedite Discovery Maurice Smith, Edgar Vasquez, Lance Aaron Wilson. (Attachments: #1 Proposed Order (MWF), #2 Proposed Order (MRW)) (Rim, Naeun) |
| Filing 28 DECLARATION of Ronell Prioleau re Objection/Opposition (Motion related), #24 in support of Respondents' Opposition to Ex Parte Application for Temporary Restraining Order and Order to Show Cause Re Preliminary Injunction filed by Respondents Michael Carvajal, Felicia L. Ponce. (Yang, Jasmin) |
| Filing 27 DECLARATION of Rosita Leen re Objection/Opposition (Motion related), #24 in support of Respondents' Opposition to Ex Parte Application for Temporary Restraining Order and Order to Show Cause Re Preliminary Injunction filed by Respondents Michael Carvajal, Felicia L. Ponce. (Yang, Jasmin) |
| Filing 26 DECLARATION of Joel Roman re Objection/Opposition (Motion related), #24 in support of Respondents' Opposition to Ex Parte Application for Temporary Restraining Order and Order to Show Cause Re Preliminary Injunction filed by Respondents Michael Carvajal, Felicia L. Ponce. (Yang, Jasmin) |
| Filing 25 DECLARATION of Marciela Bugarin re Objection/Opposition (Motion related), #24 in support of Respondents' Opposition to Ex Parte Application for Temporary Restraining Order and Order to Show Cause Re Preliminary Injunction filed by Respondents Michael Carvajal, Felicia L. Ponce. (Yang, Jasmin) |
| Filing 24 OPPOSITION IN OPPOSITION re: EX PARTE APPLICATION for Temporary Restraining Order as to Defendant-Respondents and Order to Show Cause re: Preliminary Injunction #10 filed by Respondents Michael Carvajal, Felicia L. Ponce. (Staub, Keith) |
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Filing 23
MINUTES (IN CHAMBERS) ORDER REGARDING BRIEFING SCHEDULING FOR PLAINTIFFS' EX PARTE APPLICATION by Judge Michael W. Fitzgerald. The Court GRANTS the extension requested by counsel for Plaintiffs. Opposition shall be filed on or before June 1, 2020 by 5:00 p.m. (iv)
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| Filing 22 EX PARTE APPLICATION to Certify Class (Provisional) filed by Plaintiff-Petitioners Maurice Smith, Edgar Vasquez, Lance Aaron Wilson. (Attachments: #1 Declaration of Naeun Rim, #2 Declaration of Peter Eliasberg, #3 Declaration of Donald Specter, #4 Proposed Order) (Rim, Naeun) |
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Filing 21
ORDER TRANSFERRING CIVIL ACTION pursuant to General Order 05-07. ORDER case transferred from Magistrate Judge Pedro V. Castillo to the calendar of Magistrate Judge Michael R. Wilner for any discovery matters that are or may be referred by the district judge. The case number will now reflect the initials of the transferee Judge 2:20-cv-04451 MWF(MRWx). Signed by Magistrate Judge Michael R. Wilner and Magistrate Judge Pedro V. Castillo. (rn)
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| Filing 20 Notice of Appearance or Withdrawal of Counsel: for attorney Damon A Thayer counsel for Respondents Michael Carvajal, Felicia L. Ponce. 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)(Attorney Damon A Thayer added to party Michael Carvajal(pty:res), Attorney Damon A Thayer added to party Felicia L. Ponce(pty:res))(Thayer, Damon) |
| Filing 19 Notice of Appearance or Withdrawal of Counsel: for attorney Jasmin Yang counsel for Respondents Michael Carvajal, Felicia L. Ponce. Adding Jasmin Yang as counsel of record for Felicia L. Ponce, in her capacity as Warden of Terminal Island, Michael Carvajal in his capacity as Director of the Bureau of Prisons for the reason indicated in the G-123 Notice. Filed by Respondents Felicia L. Ponce, in her capacity as Warden of Terminal Island, Michael Carvajal in his capacity as Director of the Bureau of Prisons. (Attorney Jasmin Yang added to party Michael Carvajal(pty:res), Attorney Jasmin Yang added to party Felicia L. Ponce(pty:res))(Yang, Jasmin) |
| Filing 18 Notice of Appearance or Withdrawal of Counsel: for attorney Paul Bartholomew Green counsel for Respondents Michael Carvajal, Felicia L. Ponce. Adding Paul Bartholomew Green as counsel of record for Felicia L. Ponce and Michael Carvajal for the reason indicated in the G-123 Notice. Filed by Respondents Felicia L. Ponce and Michael Carvajal. (Attorney Paul Bartholomew Green added to party Michael Carvajal(pty:res), Attorney Paul Bartholomew Green added to party Felicia L. Ponce(pty:res))(Green, Paul) |
| Filing 17 Notice of Appearance or Withdrawal of Counsel: for attorney Chung Hae Han counsel for Respondents Michael Carvajal, Felicia L. Ponce. Adding Chung H. Han as counsel of record for Felicia L. Ponce, Warden, Terminal Island; and Michael Carvajal, Director, Federal Bureau of Prisons for the reason indicated in the G-123 Notice. Filed by Chung H. Han Felicia L. Ponce and Michael Carvajal. (Attorney Chung Hae Han added to party Michael Carvajal(pty:res), Attorney Chung Hae Han added to party Felicia L. Ponce(pty:res))(Han, Chung) |
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Filing 16
ORDER GRANTING EX PARTE APPLICATION TO INCREASE PAGE LIMIT ON EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION; ORDER SETTING BRIEFING SCHEDULE #9 by Judge Michael W. Fitzgerald. The page limit for Petitioners' Ex Parte Application for Temporary Restraining Order and Order to Show Cause Re: Preliminary Injunction is 65 pages. The government's Opposition to the TRO Application shall be filed no later than May 27, 2020. (iv)
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| Filing 15 Notice of Appearance or Withdrawal of Counsel: for attorney Keith M Staub counsel for Respondents Michael Carvajal, Felicia L. Ponce. Adding Keith M. Staub as counsel of record for Felicia L. Ponce, in her capacity as Warden of Terminal Island;Michael Carvajal, in his capacity as Director of the Bureau of Prisons. for the reason indicated in the G-123 Notice. Filed by Respondents Felicia L. Ponce, in her capacity as Warden of Terminal Island;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:res), Attorney Keith M Staub added to party Felicia L. Ponce(pty:res))(Staub, Keith) |
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Filing 14
ORDER RETURNING CASE FOR REASSIGNMENT by Judge Dean D. Pregerson. ORDER case returned to the Clerk for random reassignment pursuant to General Order 19-03. Case randomly reassigned from Judge Dean D. Pregerson to Judge Michael W. Fitzgerald for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:20-cv-04451 MWF(PVCx). (rn)
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Filing 13
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19-03 (Related Case) filed. Transfer of case declined by Judge Consuelo B. Marshall, for the reasons set forth on this order. Related Case No. 2:20-cv-04450 CBM(PVCx) (rn)
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| Filing 11 60 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendants Michael Carvajal and Felicia L. Ponce. (jtil) |
| Filing 10 EX PARTE APPLICATION for Temporary Restraining Order as to Defendant-Respondents and Order to Show Cause re: Preliminary Injunction Maurice Smith, Edgar Vasquez, Lance Aaron Wilson. (Attachments: #1 Declaration of Naeun Rim, #2 Declaration of Jimmy Threatt, #3 Proposed Order) (Rim, Naeun) |
| Filing 12 NOTICE OF CLERICAL ERROR: Upon further review, a determination has been made that this case is not appropriate for the issuance of a report and recommendation by a magistrate judge pursuant to General Order 05-07. Accordingly, all filings should be directed to Judge Pregerson. Magistrate Judge Pedro Castillo will remain assigned for discovery matters. The case will now reflect the initials of the transferee Judge 2:20-cv-04451 DDP(PVCx). (rn) |
| Filing 9 EX PARTE APPLICATION to Exceed Page Limitation on Ex Parte Application for Temporary Restraining Order and Order to Show Cause Re: Preliminary Injunction Maurice Smith, Edgar Vasquez, Lance Aaron Wilson. (Attachments: #1 Proposed Order) (Rim, Naeun) |
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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
ORDER RE TRANSFER PURSUANT TO Local Rule 83-1.3.1 and General Order 19-03 -Related Case- filed. Related Case No: 5:20-cv-00768 TJH(PVC). Case referred from Magistrate Judge Michael R. Wilner to Magistrate Judge Pedro V. Castillo for 194. The case number will now read as follows: 2:20-cv-04451 TJH(PVC). Signed by Magistrate Judge Pedro V. Castillo. (rn)
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| Filing 5 NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge Dean D. Pregerson and referred to Magistrate Judge Michael R. Wilner, who is authorized to consider preliminary matters and conduct all further hearings as may be appropriate or necessary. Pursuant to Local Rule 83-2.4, the Court must be notified within five (5) days of any address change. See notice for additional details. (jtil) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff-Petitioners Maurice Smith, Edgar Vasquez, Lance Aaron Wilson. (Rim, Naeun) |
| Filing 3 CERTIFICATE of Interested Parties filed by Plaintiff-Petitioners Maurice Smith, Edgar Vasquez, Lance Aaron Wilson, (Attachments: #1 Attachment A)(Rim, Naeun) |
| Filing 2 CIVIL COVER SHEET filed by Petitioners Maurice Smith, Edgar Vasquez, Lance Aaron Wilson. (Rim, Naeun) |
| Filing 1 COMPLAINT Receipt No: ACACDC-26467659 - Fee: $400, filed by Plaintiff-Petitioners Lance Aaron Wilson, Edgar Vasquez, Maurice Smith. (Attorney Naeun Rim added to party Maurice Smith(pty:pet), Attorney Naeun Rim added to party Edgar Vasquez(pty:pet), Attorney Naeun Rim added to party Lance Aaron Wilson(pty:pet))(Rim, Naeun) |
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