Robert Brine v. MHPI VII LLC et al
| Robert Brine |
| MHPI VII LLC, DAHN CORPORATION, JAMIE GRADY SMITH, MHPI VII MANAGER, LLC, MHPI VII CLASS C, LLC, RYAN CHRISTOPHER SMITH, BRIAN A DAHN, ELEVATION EVENTS LLC and ELEVATION EVENTS LLC a Florida limited liability company doing business as Elevation Capital Group |
| Frank Kaplan |
| 2:2021cv01648 |
| February 22, 2021 |
| US District Court for the Central District of California |
| Jacqueline Chooljian |
| George H Wu |
| Securities/Commodities |
| Plaintiff |
Docket Report
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| Filing 63 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Frank Kaplan has been assigned to serve as Panel Mediator. (lst) |
| Filing 62 OBJECTIONS to Subpoenas (third parties) filed by Defendants BRIAN A DAHN, DAHN CORPORATION, ELEVATION EVENTS LLC, MHPI VII CLASS C, LLC, MHPI VII LLC, MHPI VII MANAGER, LLC, JAMIE GRADY SMITH, RYAN CHRISTOPHER SMITH. (Priebe, David) |
Filing 61
MINUTE ORDER IN CHAMBERS - SCHEDULING ORDER by Judge George H. Wu: After considering the parties' Joint Rule 26(f) Report (Docket No. 58) and conducting a scheduling conference with counsel, the Court sets the following dates: (see document for further details) (bm)
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| Filing 60 MINUTES OF TELEPHONIC SCHEDULING CONFERENCE before Judge George H. Wu: Court and counsel discuss scheduling. Separate scheduling order to issue. Court Reporter: Terri A. Hourigan. (jp) |
| Filing 59 TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: The Court, on its own motion, CONTINUES the SCHEDULING CONFERENCE previously scheduled from March 31, 2022 to April 1, 2022 at 8:30 a.m. Counsel are to appear telephonically by contacting the court clerk at javier_gonzalez@cacd.uscourts.gov for dial-in information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY |
| Filing 58 JOINT SCHEDULING REPORT filed by Plaintiff Robert Brine. (Braun, Nathaniel) |
| Filing 57 ANSWER to Amended Complaint/Petition #38 with JURY DEMAND filed by Defendants BRIAN A DAHN, DAHN CORPORATION, ELEVATION EVENTS LLC, MHPI VII CLASS C, LLC, MHPI VII LLC, MHPI VII MANAGER, LLC, JAMIE GRADY SMITH, RYAN CHRISTOPHER SMITH.(Priebe, David) |
| Filing 56 MINUTES OF TELEPHONIC HEARING ON DEFENDANTS' MOTION TO DISMISS SECOND AMENDED COMPLAINT #41 Hearing held before Judge George H. Wu: The Court's Tentative Ruling Following Supplemental Brief in Support of Defendant's Motion to Dismiss #41 was issued on March 4, 2022 #55 . Oral argument is held. The Tentative Ruling is adopted as the Court's Final Ruling. Defendants Motion is denied. The Court sets a scheduling conference for March 31, 2022 at 8:30 a.m. The parties are to file a joint scheduling report by noon on March 29, 2022. Court Reporter: Terri A. Hourigan. (bm) |
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Filing 55
MINUTE ORDER IN CHAMBERS - TENTATIVE RULING FOLLOWING DEFENDANTS' SUPPLEMENTAL BRIEF IN SUPPORT OF DEFENDANTS' MOTION TO DISMISS SECOND AMENDED COMPLAINT #41 by Judge George H. Wu: Attached hereto is the Court's Tentative Ruling Following Supplemental Brief in Support of Defendant's Motion to Dismiss #41 , presently set for March 7, 2022 at 8:30 a.m. (bm)
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| Filing 54 TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: Counsel are to appear telephonically for Monday's 03/07/2022 Motion Hearing #41 at 8:30 a.m. by contacting the court clerk at javier_gonzalez@cacd.uscourts.gov for dial-in information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY |
| Filing 53 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case #41 Supplemental Opposition filed by Plaintiff Robert Brine. (Braun, Nathaniel) |
| Filing 52 NOTICE OF FILING TRANSCRIPT filed for proceedings 02/17/2022 9:02 AM re Transcript This transcript replaces Docket 48 - date correction only #51 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Thibodeaux, Elizabeth) TEXT ONLY ENTRY |
| Filing 51 TRANSCRIPT for proceedings held on 02/17/2022 9:02 AM. Court Reporter/Electronic Court Recorder: Katie Thibodeaux, CSR, RPR, CRR, phone number ktbdx@aol.com. 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 3/16/2022. Redacted Transcript Deadline set for 3/28/2022. Release of Transcript Restriction set for 5/24/2022. (Thibodeaux, Elizabeth) |
| Filing 50 TRANSCRIPT ORDER as to Defendants BRIAN A DAHN, DAHN CORPORATION, ELEVATION EVENTS LLC, MHPI VII CLASS C, LLC, MHPI VII LLC, MHPI VII MANAGER, LLC, JAMIE GRADY SMITH for Court Reporter. Court will contact Margaret Austin at margaret.austin@us.dlapiper.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Priebe, David) |
| Filing 49 NOTICE OF FILING TRANSCRIPT filed for proceedings 02/17/2022 9:02 AM re Transcript #48 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Thibodeaux, Elizabeth) TEXT ONLY ENTRY |
| Filing 48 TRANSCRIPT for proceedings held on 02/17/2022 9:02 AM. Court Reporter/Electronic Court Recorder: Katie Thibodeaux, CSR, RPR, CRR, phone number ktbdx@aol.com. 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 3/16/2022. Redacted Transcript Deadline set for 3/28/2022. Release of Transcript Restriction set for 5/24/2022. (Thibodeaux, Elizabeth) |
| Filing 47 SUPPLEMENT to NOTICE OF MOTION AND MOTION to Dismiss Case #41 filed by Defendants BRIAN A DAHN, DAHN CORPORATION, ELEVATION EVENTS LLC, MHPI VII CLASS C, LLC, MHPI VII LLC, MHPI VII MANAGER, LLC, JAMIE GRADY SMITH, RYAN CHRISTOPHER SMITH. (Priebe, David) |
| Filing 46 AMENDED MINUTES re DEFENDANTS' MOTION TO DISMISS SECOND AMENDED COMPLAINT #41 held before Judge George H. Wu: The Court's Tentative Ruling was issued on February 15, 2022 #44 . Oral argument is held. For reasons stated on the record, Defendants' Motion is continued to March 7, 2022 at 8:30 a.m. Defendant will have until February 22, 2022 to file a three-page supplemental brief as to loss causation. Plaintiff will respond by February 25, 2022. re: MINUTES OF DEFENDANTS' MOTION TO DISMISS SECOND AMENDED COMPLAINT #41 Hearing held before Judge George H. Wu #45 (bm) |
| Filing 45 MINUTES OF DEFENDANTS' MOTION TO DISMISS SECOND AMENDED COMPLAINT #41 Hearing held before Judge George H. Wu: The Court's Tentative Ruling was issued on February 15, 2022 #44 . Oral argument is held. For reasons stated on the record, Defendants' Motion is continued to March 7, 2022 at 8:30 a.m. Defendant will have until February 25, 2022 to file a three-page supplemental brief as to loss causation. Plaintiff will respond by February 25, 2022. Court Reporter: Katie E. Thibodeaux. (bm) |
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Filing 44
MINUTE ORDER IN CHAMBERS - TENTATIVE RULING ON DEFENDANTS' MOTION TO DISMISS SECOND AMENDED COMPLAINT #41 by Judge George H. Wu: Attached hereto is the Court's Tentative Ruling on Defendant's Motion to Dismiss #41 , presently set for February 17, 2022 at 8:30 a.m. Counsel are to appear telephonically by contacting the court clerk at javier_gonzalez@cacd.uscourts.gov for dial-in instructions. (bm)
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| Filing 43 REPLY Support NOTICE OF MOTION AND MOTION to Dismiss Case #41 filed by Defendants BRIAN A DAHN, DAHN CORPORATION, ELEVATION EVENTS LLC, MHPI VII CLASS C, LLC, MHPI VII LLC, MHPI VII MANAGER, LLC, JAMIE GRADY SMITH, RYAN CHRISTOPHER SMITH. (Priebe, David) |
| Filing 42 OPPOSITION re: NOTICE OF MOTION AND MOTION to Dismiss Case #41 filed by Plaintiff Robert Brine. (Braun, Nathaniel) |
| Filing 41 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants BRIAN A DAHN, DAHN CORPORATION, ELEVATION EVENTS LLC, MHPI VII CLASS C, LLC, MHPI VII LLC, MHPI VII MANAGER, LLC, JAMIE GRADY SMITH, RYAN CHRISTOPHER SMITH. Motion set for hearing on 2/17/2022 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Memorandum In Support of Motion, #2 Declaration of Jamie Smith with Exhibits, #3 Request for Judicial Notice, #4 [Proposed] Order) (Priebe, David) |
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Filing 40
ORDER ON RESPONSE TO SECOND AMENDED COMPLAINT by Judge George H. Wu, re Stipulation Extending Time to Answer #39 . Defendants will respond to the Corrected Second Amended Complaint by November 30, 2021. (hr)
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| Filing 39 STIPULATION Extending Time to Answer the complaint as to All Defendants, filed by Defendants ELEVATION EVENTS LLC, MHPI VII MANAGER, LLC, BRIAN A DAHN, JAMIE GRADY SMITH, MHPI VII LLC, MHPI VII CLASS C, LLC, DAHN CORPORATION. (Attachments: #1 Proposed Order on Response to Second Amended Complaint)(Priebe, David) |
| Filing 38 Corrected SECOND AMENDED COMPLAINT against all Defendants All Defendants amending Amended Complaint/Petition #35 , filed by plaintiff Robert Brine (Attachments: #1 Exhibit Exhibit A - excerpts of PPM)(Braun, Nathaniel) |
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Filing 37
ORDER ON RESPONSE TO SECOND AMENDED COMPLAINT by Judge George H. Wu, re Stipulation for Extension of Time to File Response/Reply, #36 . Defendants will respond to the SAC by November 23, 2021. (mrgo)
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| Filing 36 STIPULATION for Extension of Time to File Defendants' Response to Second Amended Complaint filed by Defendants BRIAN A DAHN, DAHN CORPORATION, ELEVATION EVENTS LLC, MHPI VII CLASS C, LLC, MHPI VII LLC, MHPI VII MANAGER, LLC, JAMIE GRADY SMITH, RYAN CHRISTOPHER SMITH. (Attachments: #1 Proposed Order on Response to Second Amended Complaint)(Priebe, David) |
| Filing 35 SECOND AMENDED COMPLAINT against all Defendants All Defendants amending Complaint (Attorney Civil Case Opening) #1 , Amended Complaint/Petition #26 , filed by plaintiff Robert Brine(Braun, Nathaniel) |
| Filing 34 **AMENDED MINUTES** held before Judge George H. Wu re: Order on Motion to Dismiss Case, Motion Hearing, Set/Reset Deadlines, #33 . The deadlines originally scheduled have been rescheduled: (**Amended Pleadings due by 10/25/2021.) (mrgo) |
| Filing 33 MINUTES OF TELEPHONIC HEARING ON DEFENDANTS' MOTION TO DISMISS FIRST AMENDED COMPLAINT #27 held before Judge George H. Wu. Court hears oral argument. The Tentative circulated and attached hereto, is adopted as the Court's Final Ruling. The Court GRANTS the motions to dismiss without prejudice. Plaintiff will have until October 24, 2021 to file his Second Amended Complaint. Defendants responses are due by November 11, 2021. Court Reporter: Terri A. Hourigan. (mrgo) Modified on 10/20/2021 (mrgo). |
| Filing 32 TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: Counsel are to appear telephonically for Thursday's 09/02/2021 Motion Hearing #27 at 8:30 a.m. by contacting the court clerk at javier_gonzalez@cacd.uscourts.gov for dial-in information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY |
| Filing 31 REPLY In Support NOTICE OF MOTION AND MOTION to Dismiss Case #27 filed by Defendants BRIAN A DAHN, DAHN CORPORATION, ELEVATION EVENTS LLC, MHPI VII CLASS C, LLC, MHPI VII LLC, MHPI VII MANAGER, LLC, JAMIE GRADY SMITH, RYAN CHRISTOPHER SMITH. (Priebe, David) |
| Filing 30 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case #27 filed by Plaintiff Robert Brine. (Braun, Nathaniel) |
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Filing 29
ORDER by Judge George H. Wu, re Stipulation to Continue, #28 , NOTICE OF MOTION AND MOTION to Dismiss Case #27 . (Responses due by 8/12/2021, Replies due by 8/19/2021. Motion continued to 9/2/2021 at 08:30 AM before Judge George H. Wu.) (mrgo)
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| Filing 28 First STIPULATION to Continue Hearing on Motion to Dismiss from August 19, 2021 to September 2, 2021 Re: NOTICE OF MOTION AND MOTION to Dismiss Case #27 filed by plaintiff Robert Brine. (Attachments: #1 Proposed Order)(Braun, Nathaniel) |
| Filing 27 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants BRIAN A DAHN, DAHN CORPORATION, ELEVATION EVENTS LLC, MHPI VII CLASS C, LLC, MHPI VII LLC, MHPI VII MANAGER, LLC, JAMIE GRADY SMITH, RYAN CHRISTOPHER SMITH. Motion set for hearing on 8/19/2021 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Memorandum In Support Of Motion To Dismiss, #2 Declaration of Ryan Smith, #3 Exhibit 1 to the Declaration of Ryan Smith, #4 Proposed Order) (Priebe, David) |
| Filing 26 FIRST AMENDED COMPLAINT against all Defendants All Defendants amending Complaint (Attorney Civil Case Opening) #1 , filed by plaintiff Robert Brine (Attachments: #1 Exhibit A)(Braun, Nathaniel) |
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Filing 25
ORDER by Judge George H. Wu, re Stipulation for Extension of Time to Amend #24 . NOW, THEREFORE, THE PARTIES AGREE AND STIPULATE THAT: 1) Plaintiff's last day to file an amended Complaint shall be May 14, 2021; 2) Defendants' last day to file a responsive pleading or motion, in response to the amended complaint, shall be June 17, 2021. IT IS SO ORDERED. (mrgo)
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| Filing 24 Second STIPULATION for Extension of Time to Amend Complaint (Attorney Civil Case Opening) #1 filed by plaintiff Robert Brine. (Attachments: #1 Proposed Order)(Braun, Nathaniel) |
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Filing 23
ORDER by Judge George H. Wu, re Stipulation for Extension of Time to Amend, Stipulation to Vacate, #22 . THE PARTIES AGREE AND STIPULATE THAT: 1) The May 6, 2021 hearing on Defendants' pending Motion to Dismiss (ECF No. 20) is taken off-calendar; 2) Plaintiff's last day to file an amended Complaint is May 7, 2021; 3) Defendants' last day to file a responsive pleading or motion, in response to the amended complaint, is June 10, 2021. IT IS SO ORDERED. (mrgo)
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| Filing 22 Joint STIPULATION for Extension of Time to Amend Complaint (Attorney Civil Case Opening) #1 , Joint STIPULATION to Vacate hearing on NOTICE OF MOTION AND MOTION to Dismiss Case #20 filed by plaintiff Robert Brine. (Attachments: #1 Proposed Order)(Braun, Nathaniel) |
| Filing 21 DECLARATION of Ryan Smith In Support Of NOTICE OF MOTION AND MOTION to Dismiss Case #20 filed by Defendants BRIAN A DAHN, DAHN CORPORATION, ELEVATION EVENTS LLC, MHPI VII CLASS C, LLC, MHPI VII LLC, MHPI VII MANAGER, LLC, JAMIE GRADY SMITH, RYAN CHRISTOPHER SMITH. (Attachments: #1 Exhibit 1 to Smith Declaration)(Priebe, David) |
| Filing 20 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants BRIAN A DAHN, DAHN CORPORATION, ELEVATION EVENTS LLC, MHPI VII CLASS C, LLC, MHPI VII LLC, MHPI VII MANAGER, LLC, JAMIE GRADY SMITH, RYAN CHRISTOPHER SMITH. Motion set for hearing on 5/6/2021 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order) (Priebe, David) |
| Filing 19 STIPULATION Extending Time to Answer the complaint as to All Defendants, filed by Defendants ELEVATION EVENTS LLC, MHPI VII MANAGER, LLC, BRIAN A DAHN, JAMIE GRADY SMITH, MHPI VII LLC, RYAN CHRISTOPHER SMITH, MHPI VII CLASS C, LLC, DAHN CORPORATION.(Priebe, David) |
| Filing 18 NOTICE of Interested Parties filed by Defendants All Defendants, identifying None. (Attorney David A Priebe added to party BRIAN A DAHN(pty:dft), Attorney David A Priebe added to party DAHN CORPORATION(pty:dft), Attorney David A Priebe added to party ELEVATION EVENTS LLC(pty:dft), Attorney David A Priebe added to party MHPI VII CLASS C, LLC(pty:dft), Attorney David A Priebe added to party MHPI VII LLC(pty:dft), Attorney David A Priebe added to party MHPI VII MANAGER, LLC(pty:dft), Attorney David A Priebe added to party JAMIE GRADY SMITH(pty:dft), Attorney David A Priebe added to party RYAN CHRISTOPHER SMITH(pty:dft))(Priebe, David) |
| Filing 17 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to defendant MHPI VII LLC. (mrgo) |
| Filing 16 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to defendant RYAN CHRISTOPHER SMITH. (mrgo) |
| Filing 15 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to defendant MHPI VII MANAGER, LLC. (mrgo) |
| Filing 14 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to defendant MHPI VII CLASS C, LLC. (mrgo) |
| Filing 13 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to defendant JAMIE GRADY SMITH. (mrgo) |
| Filing 12 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to defendant ELEVATION EVENTS LLC. (mrgo) |
| Filing 11 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to defendant BRIAN A DAHN. (mrgo) |
| Filing 10 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to defendant DAHN CORPORATION. (mrgo) |
| Filing 9 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by plaintiff Robert Brine. (Attachments: #1 Summons to Ryan Smith, #2 Summons to MHPI VII Class C, #3 Summons to MHPI VII Class C, #4 Summons to Jamie Smith, #5 Summons to Elevation Events, #6 Summons to Dahn, #7 Summons to Dahn Corp.)(Braun, Nathaniel) |
| Filing 8 NOTICE OF DEFICIENCIES in Request to Issue Summons. The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. The date and signature line must be left blank. Add a Florida limited liability company after MHPI VII, LLC before (see attached) on the caption of the summons. Leave the date blank. Attach a copy of the face page of the complaint. Repeat this format for each defendant. Each summons has to have a copy of the face page of the complaint attached. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (esa) |
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Filing 7
STANDING ORDER RE FINAL PRE-TRIAL CONFERENCES FOR CIVIL JURY TRIALS BEFORE JUDGE GEORGE H. WU by Judge George H. Wu. (lom)
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| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge George H. Wu and Magistrate Judge Jacqueline Chooljian. (esa) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by plaintiff Robert Brine. (Attachments: #1 Summons to MHPI VII Manager, #2 Summons to MHPI VII Class C, #3 Summons to Dahn Corp., #4 Summons to Brian Dahn, #5 Summons to Ryan Smith, #6 Summons to Jamie Smith, #7 Summons to Elevation Events)(Braun, Nathaniel) |
| Filing 3 CERTIFICATE of Interested Parties filed by plaintiff Robert Brine, (Braun, Nathaniel) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Robert Brine. (Braun, Nathaniel) |
| Filing 1 COMPLAINT Receipt No: ACACDC-30646802 - Fee: $402, filed by plaintiff Robert Brine. (Attorney Nathaniel S G Braun added to party Robert Brine(pty:pla))(Braun, Nathaniel) |
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