Esme Bianco v. Brian Warner et al
| Esme Bianco |
| Brian Warner, Marilyn Manson, Ciulla Management, Inc., Tony Ciulla and Marilyn Manson Records, Inc. |
| Ashley Lindsey Morgan Smithline |
| Ashley Walters |
| 2:2021cv03677 |
| April 30, 2021 |
| US District Court for the Central District of California |
| Fernando L Aenlle-Rocha |
| Margo A Rocconi |
| Assault Libel & Slander |
| 28 U.S.C. § 1331 Fed. Question: Personal Injury |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 23, 2023. A more recent docket listing may be available from PACER.
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| Filing 113 STIPULATION to Dismiss Case pursuant to Federal Rule of Civil Procedure 41(a)(1)(A) and the parties' settlement agreement filed by Defendant Brian Warner.(King, Howard) |
Filing 112
ORDER DISMISSING ACTION by Judge Fernando L. Aenlle-Rocha: On January 24, 2023, Plaintiff Esm Bianco filed a Joint Report on Settlement Negotiations, stating the parties had reached an agreement in principle to resolve the above-referenced litigation, are finalizing the papers documenting their agreement, and anticipate a dismissal being filed within 45 days #111 . Having considered the Joint Report and finding good cause therefor, the court hereby ORDERS: 1. All deadlines governing this action are VACATED. All pending motionsin this action #65 , #102 , #110 are DENIED without prejudice as moot. 2. The court DISMISSES the action without prejudice. The court retains jurisdiction to vacate this Ord3. This Order does not preclude the filing of a stipulation of dismissal with prejudice pursuant to Fed. R. Civ. P. 41, which does not require approval of the court. (Made JS-6. Case Terminated.) (lc)
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| Filing 111 JOINT REPORT of Settlement Negotiations filed by Plaintiff Esme Bianco. (Ellwanger, Jay) |
| Filing 110 NOTICE OF MOTION AND MOTION to Dismiss Third Amended Complaint (Fifth Cause of Action) filed by Defendant Brian Warner. Motion set for hearing on 2/17/2023 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Memorandum, #2 Proposed Order) (King, Howard) |
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Filing 109
ORDER GRANTING SECOND JOINT STIPULATION TO MODIFY DATES IN SCHEDULINGORDER (SEE DOCUMENT FOR SPECIFIC DEADLINES EXTENDED AND THOSE THAT REMAIN UNCHANGED) #106 by Judge Fernando L. Aenlle-Rocha. (lc)
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Filing 108
(IN CHAMBERS) ORDER TAKING MOTION OF DEFENDANT BRIAN WARNER TO STAY CASE (DKT. #102 ) UNDER SUBMISSION by Judge Fernando L. Aenlle-Rocha: The court finds that the Motion to Stay Case currently scheduled for hearing on January 13, 2023, is appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, this motion is taken UNDER SUBMISSION and the hearing is vacated. The court expects the parties to continue litigating this action diligently, while awaiting the court's ruling on this motion. No appearances are necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY
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| Filing 107 THIRD AMENDED COMPLAINT against Defendants Marilyn Manson Records, Inc., Brian Warner amending Amended Complaint/Petition #40 , filed by Plaintiff Esme Bianco(Ellwanger, Jay) |
| Filing 106 Joint STIPULATION to Extend Discovery Cut-Off Date to February 24, 2023 filed by Defendants Marilyn Manson Records, Inc., Brian Warner. (Attachments: #1 Proposed Order)(King, Howard) |
| Filing 105 REPLY In Support Of NOTICE OF MOTION AND MOTION to Stay Case pending Criminal Proceedings #102 filed by Defendants Marilyn Manson Records, Inc., Brian Warner. (King, Howard) |
| Filing 104 OPPOSITION to NOTICE OF MOTION AND MOTION to Stay Case pending Criminal Proceedings #102 filed by Plaintiff Esme Bianco. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order)(Ellwanger, Jay) |
| Filing 103 ANSWER to Amended Complaint/Petition #40 with JURY DEMAND filed by Defendants Marilyn Manson Records, Inc., Brian Warner.(King, Howard) |
| Filing 102 NOTICE OF MOTION AND MOTION to Stay Case pending Criminal Proceedings filed by Defendants Marilyn Manson Records, Inc., Brian Warner. Motion set for hearing on 1/13/2023 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Howard E. King, #3 Declaration of Blair Berk, #4 Proposed Order) (King, Howard) |
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Filing 101
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS #42 by Judge Fernando L. Aenlle-Rocha: The Court GRANTS IN PART AND DENIES IN PART Defendants Motion to Dismiss. Plaintiff's fifth claim is dismissed with 20 days' leave to amend. The Motion is otherwise DENIED. (lc) Modified on 12/12/2022 (lc).
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Filing 100
ORDER DENYING PLAINTIFFS MOTION FOR REVIEW AND RECONSIDERATION OF ORDERDENYING MOTION FOR SANCTIONS (DKT. 78) by Judge Fernando L. Aenlle-Rocha. (lc)
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| Filing 99 (IN CHAMBERS) TEXT ENTRY by Judge Fernando L. Aenlle-Rocha. On the court's own motion, the Motion for Review and Reconsideration #78 is taken off the 12/2/2022 calendar and placed under submission. No appearances are required on 12/2/2022. An order with the court's ruling will issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY |
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Filing 98
MINUTES (In Chambers) MINUTE ORDER RE: APPLICATION TO FILE MOTIONTO COMPEL UNDER SEAL, DKT. 90 by Magistrate Judge Margo A. Rocconi: Defendants filed an Application to file their Motion to Compel under seal. Dkt. #90 .However, Defendants have since withdrawn their motion. Dkt. 95. As such, the Application to file the Motion under seal is now DENIED as moot because it is no longer necessary for Defendants to file the Motion at all. To be clear, the declaration in support of the Application (Dkt. 91) shall remain under seal. (et)
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Filing 97
MINUTES (IN CHAMBERS) ORDER REGARDING THE PARTIES' REQUEST FOR RULING ON MOTION [DKT. 89] by Judge Fernando L. Aenlle-Rocha: Pursuant to Local Rules 83-9.3, the court informs the parties that it will render a ruling on the Motion, Dkt. 42, by May 1, 2023. Terminating #89 REQUEST for Order. [See document for details.] (es)
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| Filing 96 SCHEDULING NOTICE by Magistrate Judge Margo A. Rocconi the Court received a Notice of Withdraw of Defendants Motion to Compel Compliance with August 24, 2022 Subpoena to Allison Carter, LCSW #95 . The previously scheduled hearing for the Motion to Compel scheduled for November 23, 2022 at 10:00 a.m. #92 is VACATED and off-calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ev) TEXT ONLY ENTRY |
| Filing 95 NOTICE OF WITHDRAW OF DEFENDANTS NOTICE OF MOTION AND MOTION TO COMPEL COMPLIANCE WITH AUGUST 24, 2022 SUBPOENA TO ALLISON CARTER LCSW re MOTION to Compel Compliance with August 24, 2022 Subpoena to Allison Carter, LCSW #92 filed by Defendant Brian Warner. (King, Howard) |
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Filing 94
MINUTES (In Court) ORDER RE: MOTION TO COMPEL NONPARTY ASHLEY WALTERS TO COMPLY WITH SUBPOENA, DKT. 69 by Magistrate Judge Margo A. Rocconi: On September 29, 2022, Defendants Brian Warner et al. ("Defendants") filed a Motion to Compel ("Motion to Compel") deposition and discovery of documents of nonparty Ashley Walters ("Walters"). ECF Docket Nos. ("Dkt.") 69, 69-1. On October 19, 2022, the Court held a hearing on this Motion with counsel for Walters, Defendants, and Plaintiff present over video. Dkt. #81 . For the reasons set forth below, Defendants' Motion to Compel is GRANTED in part and DENIED in part. Granting in part and Denying in part #69 MOTION. Re: SEALED NOTICE OF MOTION AND MOTION to Compel Non-party Ashley Walters to Comply with August 9, 2022 Subpoena and Joint Stipulation [See document for further information.] |
| Filing 93 SEALED REPLY RE SEALED NOTICE OF MOTION AND MOTION for Review and Reconsideration re Order on Motion for Leave to File Document Under Seal,, #74 #78 , Order on Motion for Leave to File Document Under Seal, #88 filed by Plaintiff Esme Bianco.(Ellwanger, Jay) |
| Filing 92 NOTICE OF MOTION AND MOTION to Compel Compliance with August 24, 2022 Subpoena to Allison Carter, LCSW filed by Defendant Brian Warner. Motion set for hearing on 11/23/2022 at 10:00 AM before Magistrate Judge Margo A. Rocconi. (Attachments: #1 Declaration in Support of Motion, #2 Proposed Order)(King, Howard) |
| Filing 91 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Motion to Compel and Joint Stipulation under seal #90 filed by Defendant Brian Warner. (Attachments: #1 Unredacted Document Motion and Joint Stipulation, #2 Unredacted Document Declaration in Support of Motion, #3 Unredacted Document Proposed Order on Motion)(King, Howard) |
| Filing 90 APPLICATION to file document Motion to Compel and Joint Stipulation under seal filed by Defendant Brian Warner. (Attachments: #1 Proposed Order on Sealing Application, #2 Redacted Document Motion and Joint Stipulation, #3 Redacted Document Declaration in Support of Motion, #4 Redacted Document Proposed Order on Motion)(King, Howard) |
| Filing 89 REQUEST for Order for Joint Request for Decision on Dkt. 42 Pursuant to L.R. 83-9.2 filed by Defendant Brian Warner. (King, Howard) |
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Filing 88
ORDER GRANTING PLAINTIFF ESME BIANCO'S UNOPPOSED APPLICATION FOR LEAVE TO FILE UNDER SEAL PLAINTIFF'S REPLY IN SUPPORT OF PLAINTIFFS MOTION REVIEW AND RECONSIDERATION OF ORDER DENYING MOTION FOR SANCTIONS #86 by Judge Fernando L. Aenlle-Rocha. (lc)
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| Filing 87 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Reply in Support of Motion for Review and Reconsideration under seal #86 filed by Plaintiff Esme Bianco. (Attachments: #1 Unredacted Document)(Ellwanger, Jay) |
| Filing 86 APPLICATION to file document Reply in Support of Motion for Review and Reconsideration under seal filed by Plaintiff Esme Bianco. (Attachments: #1 Proposed Order, #2 Redacted Document)(Ellwanger, Jay) |
| Filing 85 TRANSCRIPT ORDER as to Plaintiff Esme Bianco for Court Smart (CS). Court will contact Adrian Cabello at acabello@equalrights.law with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Ellwanger, Jay) |
| Filing 84 SEALED OPPOSITION RE SEALED NOTICE OF MOTION AND MOTION for Review and Reconsideration re Order on Motion for Leave to File Document Under Seal,, #74 #78 , Order on Motion for Leave to File Document Under Seal, #83 filed by Defendants Marilyn Manson Records, Inc., Brian Warner.(King, Howard) |
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Filing 83
ORDER GRANTING DEFENDANTS' UNOPPOSED APPLICATION FOR LEAVE TO FILE UNDER SEAL RESPONSE TO PLAINTIFF'S MOTION FOR REVIEW AND RECONSIDERATION OF ORDER DENYING SANCTIONS #75 by Judge Fernando L. Aenlle-Rocha. (lc) Modified on 10/27/2022 (lc).
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| Filing 82 NOTICE OF FILING TRANSCRIPT filed for proceedings 10/19/2022 re Transcript #81 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (aa) TEXT ONLY ENTRY |
| Filing 81 TRANSCRIPT for proceedings held on 10/19/2022. Court Reporter/Electronic Court Recorder: JAMS CERTIFIED TRANSCRIPTION, phone number (661) 609-4528. 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 11/16/2022. Redacted Transcript Deadline set for 11/28/2022. Release of Transcript Restriction set for 1/24/2023. (aa) (Additional attachment(s) added on 10/27/2022: #1 Appendix Min-U-Script) (aa). Modified on 10/27/2022 (aa). |
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Filing 80
(IN CHAMBERS) ORDER CONTINUING PLAINTIFF ESME BIANCO'S MOTION FOR REVIEW AND RECONSIDERATION (DKT. #78 ) by Judge Fernando L. Aenlle-Rocha: Plaintiff has set the motion for a holiday. Counsel is directed to refer to the Motion Calendar under this court's Procedures and Schedules found on the website for the United States District Court. Any future motion may be stricken for failing to set it on a date the court is hearing motions. The court, on its own motion, continues the Motion from November 11, 2022 to December 2, 2022, at 1:30 p.m. The deadlines for filing the opposition and reply remain unchanged.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY
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| Filing 79 TRANSCRIPT ORDER as to Defendant Brian Warner for Court Smart (CS). Court will contact Eniko Weinberger at eweinberger@khpslaw.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Trugman, Jackson) |
| Filing 78 SEALED NOTICE OF MOTION AND MOTION for Review and Reconsideration re Order on Motion for Leave to File Document Under Seal,, #74 filed by Plaintiff Esme Bianco. Motion set for hearing on 11/11/2022 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Proposed Order)(Ellwanger, Jay) |
| Filing 77 MINUTES OF (IN COURT) MOTION TO COMPEL COMPLIANCE WITH SUBPOENA (ECF No. 65) Hearing held before Magistrate Judge Margo A. Rocconi: Case called. Counsel state their appearances for the record, including counsel for nonparty Ashley Walters. The Court hears oral argument from counsel. The matter is taken under submission. Court Reporter: CS 10/19/22. (es) |
| Filing 76 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Response to Plaintiff's Motion for Review and Reconsideration under seal #75 filed by Defendants Marilyn Manson Records, Inc., Brian Warner. (Attachments: #1 Unredacted Document)(King, Howard) |
| Filing 75 APPLICATION to file document Response to Plaintiff's Motion for Review and Reconsideration under seal filed by Defendants Marilyn Manson Records, Inc., Brian Warner. (Attachments: #1 Proposed Order, #2 Redacted Document)(King, Howard) |
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Filing 74
ORDER GRANTING PLAINTIFF ESME BIANCO'S UNOPPOSED APPLICATION FOR LEAVE TO FILE UNDER SEAL PLAINTIFF'S MOTION REVIEW AND RECONSIDERATION OF ORDER DENYING MOTION FOR SANCTIONS #72 by Judge Fernando L. Aenlle-Rocha: Plaintiff is granted leave to file the identified documents under seal. The court will NOT convert the proposed sealed documents submitted with the Application into a new filing. Local Rule 79-5.2.1(c). Plaintiff must serve the documents filed under seal on Defendants, in compliance with Local Rule 79-5.3. (lc) Modified on 10/19/2022 (lc).
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| Filing 73 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Motion for Review and Reconsideration under seal #72 filed by Plaintiff Esme Bianco. (Attachments: #1 Unredacted Document)(Ellwanger, Jay) |
| Filing 72 APPLICATION to file document Motion for Review and Reconsideration under seal filed by Plaintiff Esme Bianco. (Attachments: #1 Proposed Order, #2 Redacted Document)(Ellwanger, Jay) |
| Filing 71 MEMORANDUM in Support of MOTION to Compel Non-party Ashley Walters to Comply with August 9, 2022 Subpoena and Joint Stipulation #65 , SEALED NOTICE OF MOTION AND MOTION to Compel Non-party Ashley Walters to Comply with August 9, 2022 Subpoena and Joint Stipulation re Order on Motion for Leave to File Document Under Seal,, #68 #69 filed by Defendant Brian Warner. (King, Howard) |
| Filing 70 MINUTES (In Court) MOTION TO MODIFY SUBPOENA, DKT. 48 by Magistrate Judge Margo A. Rocconi: (es) Modified on 9/30/2022 (bm). |
| Filing 69 SEALED NOTICE OF MOTION AND MOTION to Compel Non-party Ashley Walters to Comply with August 9, 2022 Subpoena and Joint Stipulation re Order on Motion for Leave to File Document Under Seal,, #68 filed by Defendant Brian Warner. Motion set for hearing on 10/19/2022 at 10:00 AM before Magistrate Judge Margo A. Rocconi. (Attachments: #1 Exhibit)(King, Howard) |
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Filing 68
ORDER GRANTING DEFENDANT BRIAN WARNER'S UNOPPOSED APPLICATION FOR LEAVE TO FILE UNDER SEAL PORTIONS OF THE JOINT STIPULATION REGARDING THE MOTION TO COMPEL COMPLIANCE WITH THE AUGUST 9, 2022 SUBPOENA SERVED ON NON-PARTY ASHLEY WALTERS by Magistrate Judge Margo A. Rocconi: Granting #63 APPLICATION to Seal Document. The Court GRANTS the Application and grants Defendant leave to file the following portions of the Joint Stipulation and exhibits under seal: See Order for details. (es)
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| Filing 67 SEALED REPLY RE SEALED NOTICE OF MOTION AND MOTION for Sanctions re Order on Motion for Leave to File Document Under Seal,, #55 #56 , Order on Motion for Leave to File Document Under Seal,, #55 filed by Plaintiff Esme Bianco. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Ellwanger, Jay) |
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Filing 66
MINUTE ORDER IN CHAMBERS by Judge Fernando L. Aenlle-Rocha: ORDER RE: REFERRAL OF APPLICATION FOR LEAVE TO FILE UNDER SEAL PORTIONS OF THE JOINT STIPULATIONREGARDING MOTION TO COMPEL COMPLIANCE #63 . Pursuant to the instruction of Judge Fernando L. Aenlle-Rocha, the Application for Leave to File Under Seal Portions of the Joint Stipulation Regarding Motion to Compel (Dkt. 63) filedby Brian Warner, is REFERRED to Magistrate Judge Margo A. Rocconi. (lc)
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| Filing 65 NOTICE OF MOTION AND MOTION to Compel Non-party Ashley Walters to Comply with August 9, 2022 Subpoena and Joint Stipulation filed by Defendant Brian Warner. Motion set for hearing on 10/19/2022 at 10:00 AM before Magistrate Judge Margo A. Rocconi. (Attachments: #1 Exhibit, #2 Proposed Order)(King, Howard) |
| Filing 64 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Joint Stipulation and Exhibits under seal #63 filed by Defendant Brian Warner. (Attachments: #1 Unredacted Document, #2 Unredacted Document)(King, Howard) |
| Filing 63 APPLICATION to file document Joint Stipulation and Exhibits under seal filed by Defendant Brian Warner. (Attachments: #1 Proposed Order, #2 Redacted Document, #3 Redacted Document)(King, Howard) |
| Filing 62 SEALED OPPOSITION RE SEALED NOTICE OF MOTION AND MOTION for Sanctions re Order on Motion for Leave to File Document Under Seal,, #55 #56 , Order on Motion for Leave to File Document Under Seal,, #55 filed by Defendants Marilyn Manson Records, Inc., Brian Warner. (Attachments: #1 Declaration in Support of Opposition, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18)(King, Howard) |
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Filing 61
ORDER GRANTING NON-PARTY PARTIALLY OPPOSED FIRST EX-PARTE APPLICATION FOR A THREE-DAY EXTENSION OF TIME TO PREPARE A JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2.2 by Magistrate Judge Margo A. Rocconi: Granting #58 EX PARTE APPLICATION for Extension of Time. Non-party Ashley Walters is granted until September 23, 2022 to complete their portion of Defendants' Joint Stipulation Regarding Defendant Brian Warner's Motion to Compel Compliance with the August 9, 2022 Subpoena Served on Ashley Walters. To the extent Defendant contends the delay is unreasonable, Defendant may file their portion of the Joint Stipulation separately with a declaration as contemplated by Local Rule 37-2.4. Otherwise, the parties should cooperate in filing the complete Joint Stipulation by Friday, September 23, 2022. (es)
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| Filing 60 OPPOSITION to EX PARTE APPLICATION for Extension of Time to File /Prepare a Joint Stipulation Pursuant to Local Rule 37-2.2 #58 filed by Defendant Brian Warner. (King, Howard) |
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Filing 59
MINUTE ORDER (In Chambers) MINUTE ORDER VACATING HEARING ON MOTION TO QUASH SUBPOENA, DKT. 48 by Magistrate Judge Margo A. Rocconi: The September 30, 2022 hearing before Judge Rocconi regarding the Motion to Quash Subpoena, Dkt. #48 , is hereby VACATED. The Motion will be taken under submission, pending the outcome of the Motion of Jay D. Ellwanger to Withdraw as Attorney filed in Ashley Lindsay Smithline v. Brian Warner et al, Case No. 2:21-cv-05289-FLA-MAR (Dkt. 23). This Order does not affect the September 30, 2022 hearing regarding the Motion to Withdraw in Case. No. 2:21-cv-5289, which remains set before Judge Aenlle-Rocha. (es)
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| Filing 58 EX PARTE APPLICATION for Extension of Time to File /Prepare a Joint Stipulation Pursuant to Local Rule 37-2.2 filed by Non-Party Ashley Walters. (Attachments: #1 Declaration of Tanya Sukhija-Cohen, #2 Exhibit 1 - Email chain, 9/20/22, #3 Exhibit 2 - Email from Courtroom Deputy, 9/7/22, #4 Proposed Order) (Attorney Tanya Sukhija-Cohen added to party Ashley Walters(pty:ip)) (Sukhija-Cohen, Tanya) |
| Filing 57 REPLY in support of NOTICE OF MOTION AND MOTION to Quash Subpoena to Testify at a Deposition in a Civil Action #48 filed by Movant Ashley Lindsey Morgan Smithline. (Ellwanger, Jay) |
| Filing 56 SEALED NOTICE OF MOTION AND MOTION for Sanctions re Order on Motion for Leave to File Document Under Seal,, #55 filed by Plaintiff Esme Bianco. Motion set for hearing on 10/12/2022 at 10:00 AM before Magistrate Judge Margo A. Rocconi. (Attachments: #1 Declaration, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Proposed Order)(Ellwanger, Jay) |
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Filing 55
ORDER GRANTING PLAINTIFF'S UNOPPOSED APPLICATION FOR LEAVE TO FILE UNDER SEAL PLAINTIFF'S MOTION FOR SANCTIONS. Plaintiff shall file under seal the unredacted versions of these documents within seven (7) days of this Order. The parties are further granted leave to file under seal Oppositions to and Replies in support of Plaintiffs Motion for Sanctions, as well as all supporting exhibits, without the need to file additional applications requesting leave to seal these documents #53 by Judge Fernando L. Aenlle-Rocha. (lc) Modified on 9/16/2022 (lc).
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| Filing 54 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Motion for Sanctions under seal #53 filed by Plaintiff Esme Bianco. (Attachments: #1 Unredacted Document)(Ellwanger, Jay) |
| Filing 53 APPLICATION to file document Motion for Sanctions under seal filed by Plaintiff Esme Bianco. (Attachments: #1 Proposed Order, #2 Redacted Document)(Ellwanger, Jay) |
| Filing 52 Defendant Brian Warner's Opposition to Motion to Modify Subpoena re: NOTICE OF MOTION AND MOTION to Quash Subpoena to Testify at a Deposition in a Civil Action #48 filed by Defendant Brian Warner. (Attachments: #1 Declaration Declaration of Howard E. King in Support of Defendant Brian Warner's Opposition to Motion to Modify Subpoena)(Trugman, Jackson) |
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Filing 51
MINUTE ORDER (In Chambers) MINUTE ORDER RE: MOTION TO QUASH SUBPOENA, DKT. #48 by Magistrate Judge Margo A. Rocconi: The Court ORDERS as follows: 1. Defendant shall file and serve an opposition, or notice of non-opposition, on or before September 9, 2022. 2. Movant may file a Reply no later than September 16, 2022. (es)
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| Filing 50 NOTICE OF REFERRAL OF MATTER to the Magistrate Judge. The court refers Third Party Witness Ashley Lindsey Morgan Smithline 's Motion to QuashSubpoena to Testify at a Deposition in a Civil Action #48 to Magistrate Judge Margo A. Rocconi. See Dkt. 8 (Initial Standing Order) at 3-4. (lc) |
| Filing 49 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Quash Subpoena to Testify at a Deposition in a Civil Action #48 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Other error(s) with document(s): The Motion is noticed before the District Judge when it should be noticed before the Magistrate Judge. Pursuant to the Procedures and Schedules of Judge Fernando L. Aenlle-Rocha, all discovery motions are to be calendared before the Magistrate Judge whose initials appear in parentheses after the case number. 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. (es) |
| Filing 48 NOTICE OF MOTION AND MOTION to Quash Subpoena to Testify at a Deposition in a Civil Action filed by Third Party Witness Ashley Lindsey Morgan Smithline. Motion set for hearing on 9/30/2022 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Memorandum, #2 Exhibit A, #3 Exhibit B, #4 Declaration of Jay D. Ellwanger, #5 Proposed Order) (Attorney Jay David Ellwanger added to party Ashley Lindsey Morgan Smithline(pty:mov)) (Ellwanger, Jay) |
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Filing 47
ORDER GRANTING JOINT STIPULATION TO MODIFY DATES IN SCHEDULING ORDER #46 by Judge Fernando L. Aenlle-Rocha: Final Pretrial Conference set for 6/2/2023 01:00 PM; Jury Trial set for 6/20/2023 08:30 AM (SEE DOCUMENT FOR ALL SPECIFIED DEADLINES). (lc)
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| Filing 46 Joint STIPULATION to Extend Discovery Cut-Off Date to January 27, 2023 filed by Defendants Marilyn Manson Records, Inc., Brian Warner. (Attachments: #1 Proposed Order)(King, Howard) |
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Filing 45
TEXT ENTRY (IN CHAMBERS) ORDER TAKING DEFENDANT MARILYN MANSON RECORDS, INC., AND BRIAN WARNER'S MOTION TO DISMISS FOURTH AND FIFTH CAUSES OF ACTION IN PLAINTIFF ESME BIANCO'S SECOND AMENDED COMPLAINT (DKT. #42 ) UNDER SUBMISSION by Judge Fernando L. Aenlle-Rocha: The court finds that the Motion to Dismiss currently scheduled for hearing on July 1, 2022, is appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, this motion is taken UNDER SUBMISSION and the hearing is vacated. The court expects the parties to continue litigating this action diligently, while awaiting the court's ruling on this motion. No appearances are necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY
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| Filing 44 REPLY In Support of his own motion NOTICE OF MOTION AND MOTION to Dismiss The Fourth and Fifth Causes of Action in Plaintiff Esme Bianco's Second Amended Complaint #42 filed by Defendants Marilyn Manson Records, Inc., Brian Warner. (King, Howard) |
| Filing 43 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss The Fourth and Fifth Causes of Action in Plaintiff Esme Bianco's Second Amended Complaint #42 filed by Plaintiff Esme Bianco. (Attachments: #1 Proposed Order)(Ellwanger, Jay) |
| Filing 42 NOTICE OF MOTION AND MOTION to Dismiss The Fourth and Fifth Causes of Action in Plaintiff Esme Bianco's Second Amended Complaint filed by Defendant Marilyn Manson Records, Inc., Brian Warner. Motion set for hearing on 7/1/2022 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Memorandum Defendant Brian Warner's Memorandum of Points and Authorities in Support of His Motion to Dismiss the Fourth and Fifth Causes of Action in Plaintiff Esme Bianco's Second Amended Complaint, #2 Proposed Order [Proposed] Order Granting Defendant Brian Warner's Motion to Dismiss the Fourth and Fifth Causes of Action in Plaintiff's Esme Bianco's Second Amended Complaint) (Attorney John G. Snow added to party Marilyn Manson Records, Inc.(pty:dft)) (Snow, John) |
| Filing 41 Notice of Appearance or Withdrawal of Counsel: for attorney John G. Snow counsel for Defendant Brian Warner. Adding JACKSON S. TRUGMAN, ESQ. as counsel of record for Defendant Brian Warner a/k/a Marilyn Manson and Defendant Marilyn Manson Records, Inc. for the reason indicated in the G-123 Notice. Filed by Defendants Defendants Brian Warner a/k/a Marilyn Manson and Marilyn Manson Records, Inc.. (Snow, John) |
| Filing 40 SECOND AMENDED COMPLAINT against Defendant Marilyn Manson Records, Inc., Brian Warner amending Amended Complaint/Petition #12 , filed by Plaintiff Esme Bianco(Ellwanger, Jay) |
| Filing 39 MINUTES (IN CHAMBERS) by Judge Fernando L. Aenlle-Rocha: ORDER GRANTING UNOPPOSED MOTION FOR MODIFICATION OF THE SCHEDULING ORDER AND AMENDMENT OFTHE COMPLAINT #35 . Plaintiff to file her proposed Second Amended Complaint ("SAC") within 7 days of this Order. Defendants shall have 14 days after the filing of the SAC to file an answer or other response. (lc) |
| Filing 38 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION to AMEND Scheduling Order,, Terminate Hearings,, Set/Reset Deadlines/Hearings, #34 , Amended Complaint/Petition #12 #35 filed by Defendants Marilyn Manson Records, Inc., Brian Warner. (King, Howard) |
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Filing 37
STIPULATED PROTECTIVE ORDER by Magistrate Judge Margo A. Rocconi re Stipulation for Protective Order #36 . See Order for details. (es)
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| Filing 36 Joint STIPULATION for Protective Order filed by Defendants Marilyn Manson Records, Inc., Brian Warner.(King, Howard) |
| Filing 35 NOTICE OF MOTION AND MOTION to AMEND Scheduling Order,, Terminate Hearings,, Set/Reset Deadlines/Hearings, #34 , Amended Complaint/Petition #12 filed by Plaintiff Esme Bianco. Motion set for hearing on 5/27/2022 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Memorandum Of Points and Authorities, #2 Exhibit A, #3 Proposed Order) (Ellwanger, Jay) |
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Filing 34
ORDER RE: SCHEDULE OF PRETRIAL AND TRIAL DATES, TRIAL REQUIREMENTS, AND CONDUCT OF ATTORNEYS AND PARTIES by Judge Fernando L. Aenlle-Rocha: Final Pretrial Conference set for 3/3/2023 03:00 PM; Jury Trial set for 3/21/2023 08:30 AM; Motion in Limine set for hearing on 3/3/2023 at 03:00 PM (SEE DOCUMENT FOR ALL SPECIFIED DEADLINES). (lc)
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Filing 33
ORDER/REFERRAL to ADR Procedure No 3 by Judge Fernando L. Aenlle-Rocha. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than 01/27/2023. (tf)
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Filing 32
TEXT ENTRY (IN CHAMBERS) ORDER VACATING SCHEDULING CONFERENCE by Judge Fernando L. Aenlle-Rocha: On the Court's own motion, the Scheduling Conference currently set for hearing on December 17, 2021, at 1:00 p.m. is hereby VACATED. No appearances are necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY
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| Filing 31 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 4-8 days, filed by Plaintiff Esme Bianco.. (Attachments: #1 Supplement Scheduling Worksheet)(Ellwanger, Jay) |
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Filing 30
ORDER SETTING SCHEDULING CONFERENCE by Judge Fernando L. Aenlle-Rocha. Scheduling Conference set for 12/17/2021 at 01:00 PM before Judge Fernando L. Aenlle-Rocha. (jre)
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| Filing 29 NOTICE OF FILING TRANSCRIPT filed for proceedings 08-27-2021 re Transcript #28 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Montes, Janelly) TEXT ONLY ENTRY |
| Filing 28 TRANSCRIPT for proceedings held on 08-27-2021. Court Reporter/Electronic Court Recorder: EXCEPTIONAL REPORTING SERVICES, INC., phone number 361-949-2988. 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 11/12/2021. Redacted Transcript Deadline set for 11/22/2021. Release of Transcript Restriction set for 1/20/2022. (Montes, Janelly) |
| Filing 27 ANSWER to Amended Complaint/Petition #12 JURY DEMAND. filed by Defendant Brian Warner.(King, Howard) |
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Filing 26
ORDER DENYING DEFENDANT'S MOTION TO DISMISS #14 by Judge Fernando L. Aenlle-Rocha: The Court DENIES Defendant Warner's Motion to Dismiss. Warner shall file an Answer to the FAC within 14 days of this order. (lc)
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| Filing 25 TRANSCRIPT ORDER for Court Smart (CS).Transcript preparation will not begin until payment has been satisfied with the transcription company. (Henderson, Terri) |
| Filing 24 NOTICE of Interested Parties filed by Defendant Marilyn Manson Records, Inc., (King, Howard) |
| Filing 23 ANSWER to Amended Complaint/Petition #12 with JURY DEMAND filed by Defendant Marilyn Manson Records, Inc..(Attorney Howard E King added to party Marilyn Manson Records, Inc.(pty:dft))(King, Howard) |
| Filing 22 JOINT SUBMISSION OF ADDITIONAL LEGISLATIVE HISTORY MATERIALS FOR CONSIDERATION IN CONNECTION WITH DEFENDANT BRIAN WARNER'S MOTION TO DISMISS filed by Defendant Brian Warner re: NOTICE OF MOTION AND MOTION to Dismiss The First and Second Causes of Action in Plaintiff's Amended Complaint #14 (King, Howard) |
| Filing 21 MINUTES OF Motion Hearing held before Judge Fernando L. Aenlle-Rocha: RE DEFENDANT BRIAN WARNER'S MOTION TO DISMISS THE FIRST AND SECOND CAUSES OF ACTION IN PLAINTIFF ESME BIANCO'S AMENDED COMPLAINT #14 . The court and counsel confer. Counsel is instructed to file any additional legislative history as a joint document no later than September 3, 2021. The motion will be deemed submitted upon the filing of the joint document. Court Reporter: Leslie Schramm. (lc) |
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Filing 20
TEXT ENTRY (IN CHAMBERS) ORDER DEEMING PLAINTIFF'S 6(B) MOTION FOR AN EXTENSION OF TIME TO FILE AS MOOT (DKT. #17 ) by Judge Fernando L. Aenlle-Rocha: In light of Plaintiff's Response in Opposition to Defendant Brian Warner a/k/a/ Marilyn Manson's Motion to dismiss filed on August 13, 2021 (Dkt. #18 ), the Motion is denied as MOOT. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vv)
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| Filing 19 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss The First and Second Causes of Action in Plaintiff's Amended Complaint #14 filed by Defendant Brian Warner. (King, Howard) |
| Filing 18 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss The First and Second Causes of Action in Plaintiff's Amended Complaint #14 filed by Plaintiff Esme Bianco. (Attachments: #1 Proposed Order)(Ellwanger, Jay) |
| Filing 17 NOTICE OF MOTION AND MOTION for Extension of Time to File Plaintiff's Response to Defendant's Motion to Dismiss the First and Second Cause of Action in Plaintiff's Amended Complaint filed by Plaintiff Esme Bianco. (Attachments: #1 Proposed Order) (Ellwanger, Jay) |
| Filing 16 NOTICE of Interested Parties filed by Defendant Brian Warner, (King, Howard) |
| Filing 15 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss The First and Second Causes of Action in Plaintiff's Amended Complaint #14 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. 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 14 NOTICE OF MOTION AND MOTION to Dismiss The First and Second Causes of Action in Plaintiff's Amended Complaint filed by Defendant Brian Warner. Motion set for hearing on 8/27/2021 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Memorandum of Points and Authorities, #2 Request for Judicial Notice, #3 Declaration of Howard E. King and Exhibits 1-4, #4 Proposed Order) (Attorney Howard E King added to party Brian Warner(pty:dft)) (King, Howard) |
| Filing 13 WAIVER OF SERVICE Returned Executed filed by Plaintiff Esme Bianco. upon Marilyn Manson Records, Inc. waiver sent by Plaintiff on 7/14/2021, answer due 9/13/2021. Waiver of Service signed by John G. Snow. (Ellwanger, Jay) |
| Filing 12 CORRECTED FIRST AMENDED COMPLAINT against Defendants Marilyn Manson Records, Inc., Brian Warner amending Complaint (Attorney Civil Case Opening) #1 , Amended Complaint/Petition, #9 , filed by Plaintiff Esme Bianco(Ellwanger, Jay) |
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Filing 11
ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENT by Judge Fernando L. Aenlle-Rocha: The Court hereby orders that Plaintiff's Amended Complaint #9 is stricken for failure to comply with the Local Rules: Case number MISSING identifying assigned Judge and Magistrate Judge initials. REFER TO NOTICE OF ASSIGNMENT TO UNITED STATES JUDGES #2 . Counsel is instructed to file a CORRECTED FIRST AMENDED COMPLAINT no later July 16, 2021. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vv)
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| Filing 10 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Amended Complaint/Petition #9 . The following error(s) was/were found: Case number is incorrect or missing. Case number MISSING identifying assigned Judge and Magistrate initials. The Official case number to be used per notice of assignment docket no. 2 is:2:21cv03677 FLA (MARx). 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. (lc) |
| Filing 9 ***STRICKEN REFER TO DOCKET ENTRY 11***FIRST AMENDED COMPLAINT against Defendants Brian Warner, Marilyn Manson Records, Inc. amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiff Esme Bianco(Ellwanger, Jay) Modified on 7/9/2021 (lc). Modified on 7/15/2021 (vv). |
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Filing 8
INITIAL STANDING ORDER upon filing of the complaint by Judge Fernando L. Aenlle-Rocha. (vv)
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| Filing 7 WAIVER OF SERVICE Returned Executed filed by Plaintiff Esme Bianco. upon Tony Ciulla waiver sent by Plaintiff on 5/20/2021, answer due 7/19/2021; Ciulla Management, Inc. waiver sent by Plaintiff on 5/20/2021, answer due 7/19/2021. Waiver of Service signed by Robert E. Dugdale. (Ellwanger, Jay) |
| Filing 6 WAIVER OF SERVICE Returned Executed filed by Plaintiff Esme Bianco. upon Brian Warner waiver sent by Plaintiff on 5/14/2021, answer due 7/13/2021. Waiver of Service signed by Stephen D. Rothschild. (Ellwanger, Jay) |
| Filing 5 CERTIFICATE of Interested Parties filed by Plaintiff Esme Bianco, (Ellwanger, Jay) |
| Filing 4 NOTICE OF DEFICIENCIES in Attorney Case Opening. The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (esa) |
| Filing 3 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 2 NOTICE OF ASSIGNMENT to District Judge Fernando L Aenlle-Rocha and Magistrate Judge Margo A. Rocconi. (esa) |
| Filing 1 COMPLAINT Receipt No: ACACDC-31212080 - Fee: $402, filed by Plaintiff Esme Bianco. (Attachments: #1 Civil Cover Sheet) (Attorney Jay David Ellwanger added to party Esme Bianco(pty:pla))(Ellwanger, Jay) |
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