Leon Samuel et al v. Ford Motor Company, et al
| Leon Samuel and Phyllis Aubrey-Samuel |
| Ford Motor Company, South Bay Ford Inc. and Does 1 through 10, inclusive |
| 2:2021cv06767 |
| August 20, 2021 |
| US District Court for the Central District of California |
| Dale S Fischer |
| Steve Kim |
| Contract: Other |
| 28 U.S.C. § 1441 Notice of Removal -- Other Contract |
| Plaintiff |
Docket Report
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Filing 55
ORDER by Judge Dale S. Fischer Regarding Plaintiff's Motion for Attorneys Fees, Costs, and Expenses in the amount of $42,481.00 to Plaintiffs #53 , #54 . See Order for specifics. (jp)
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| Filing 54 NOTICE OF LODGING filed Joint [Proposed] Order re Order on Motion for Attorney Fees #53 , NOTICE OF MOTION AND MOTION for Attorney Fees #39 (Attachments: #1 Proposed Order)(Jun, Patricia) |
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Filing 53
ORDER by Judge Dale S. Fischer GRANTING in Part and DENYING in Part Plaintiffs'Motion for Attorney Fees, Costs, and Expenses (Dkt. #39 ). See Order for specifics. (jp)
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Filing 52
TEXT ONLY ENTRY (IN CHAMBERS) ORDER TAKING MOTION OFF CALENDAR AND UNDER SUBMISSION by Judge Dale S. Fischer. The Court, on its own motion, takes the Motion #39 set for Monday, January 9, 2023 off calendar and under submission. The Court will set a new hearing date if it decides oral argument would be helpful. A written order will follow. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY
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| Filing 51 JUDGMENT #30 by Judge Dale S. Fischer. See judgment for specifics. (lom) |
| Filing 50 Notice of Electronic Filing re Stipulation for Costs, #45 , Non-Opposition to Motion #44 , Objection #49 , Response in Opposition to Motion, #43 , Order #46 , Reply (Motion related),, #48 e-mailed to Negeen Sadeghi-Movahed nsadeghi-movahed@slpattorney.com bounced due to No longer at firm. The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ir) TEXT ONLY ENTRY |
| Filing 49 OBJECTIONS to Response in Opposition to Motion, #43 to Declaration of Patricia H. Jun filed by Plaintiffs Phyllis Aubrey-Samuel, Leon Samuel. (Rabieian, Debora) |
| Filing 48 REPLY in Support of NOTICE OF MOTION AND MOTION for Attorney Fees #39 filed by Plaintiffs Phyllis Aubrey-Samuel, Leon Samuel. (Attachments: #1 Declaration of Breita Linnell in Support of Plaintiffs Reply in Support of Motion for Attorney Fees, Costs and Expenses, #2 Exhibit 1 to the Declaration of Breita Linnell in Support of Plaintiffs Reply in Support of Motion for Attorney Fees, Costs and Expenses, #3 Exhibit 2 to the Declaration of Breita Linnell in Support of Plaintiffs Reply in Support of Motion for Attorney Fees, Costs and Expenses, #4 Exhibit 3 to the Declaration of Breita Linnell in Support of Plaintiffs Reply in Support of Motion for Attorney Fees, Costs and Expenses)(Rabieian, Debora) |
| Filing 47 Notice of Appearance or Withdrawal of Counsel: for attorney Debora Rabieian counsel for Plaintiffs Phyllis Aubrey-Samuel, Leon Samuel. Adding Breita Linnell as counsel of record for LEON SAMUEL and PHYLLIS AUBREY-SAMUEL for the reason indicated in the G-123 Notice. Filed by plaintiff LEON SAMUEL and PHYLLIS AUBREY-SAMUEL. (Rabieian, Debora) |
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Filing 46
ORDER by Judge Dale S. Fischer GRANTING Joint Stipulation to Resolve Costs and Expenses and Request for Entry of Judgment #45 . See Order for specifics. (jp)
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| Filing 45 Joint STIPULATION for Costs against Ford Motor Company filed by Plaintiff Leon Samuel, Phyllis Aubrey-Samuel. (Attachments: #1 Proposed Order Granting Joint Stipulation to Resolve Costs and Expenses and Request For Entry of Judgment)(Rabieian, Debora) |
| Filing 44 NOTICE OF NON-OPPOSITION to APPLICATION to the Clerk to Tax Costs against Defendants Does, Ford Motor Company #38 filed by Defendant Ford Motor Company. (Jun, Patricia) |
| Filing 43 OPPOSITION to NOTICE OF MOTION AND MOTION for Attorney Fees #39 filed by Defendant Ford Motor Company. (Attachments: #1 Declaration of Patricia H. Jun in Support of Opposition to Plaintiffs' Motion for Attorney's Fees, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K)(Jun, Patricia) |
| Filing 42 JOINT STATEMENT of Attorneys Fees NOTICE OF MOTION AND MOTION for Attorney Fees #39 filed by Plaintiffs Phyllis Aubrey-Samuel, Leon Samuel. (Rabieian, Debora) |
| Filing 41 JOINT STATEMENT of Costs and Expenses NOTICE OF MOTION AND MOTION for Attorney Fees #39 filed by Plaintiffs Phyllis Aubrey-Samuel, Leon Samuel. (Rabieian, Debora) |
| Filing 40 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION for Attorney Fees #39 filed by Plaintiffs Phyllis Aubrey-Samuel, Leon Samuel. (Rabieian, Debora) |
| Filing 39 NOTICE OF MOTION AND MOTION for Attorney Fees filed by Plaintiffs Phyllis Aubrey-Samuel, Leon Samuel. Motion set for hearing on 1/9/2023 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Declaration Of Payam Shahian In Support Of Plaintiffs Motion For Attorneys Fees, Costs, And Expenses, #2 Declaration Of Debora Rabieian In Support Of Plaintiffs Motion For Attorney Fees, Costs And Expenses, #3 Proposed Order Granting Plaintiffs Motion For Attorneys Fees, Costs, And Expenses) (Rabieian, Debora) |
| Filing 38 APPLICATION to the Clerk to Tax Costs against Defendants Does, Ford Motor Company filed by Plaintiffs Leon Samuel, Phyllis Aubrey-Samuel. (Attachments: #1 Declaration Of Debora Rabieian In Support Of Plaintiffs Application For The Bill Of Costs) (Rabieian, Debora) |
| Filing 37 Notice of Appearance or Withdrawal of Counsel: for attorney Debora Rabieian counsel for Plaintiffs Phyllis Aubrey-Samuel, Leon Samuel. Adding Debora Rabieian as counsel of record for Phyllis Aubrey-Samuel and Leon Samuel for the reason indicated in the G-123 Notice. Filed by Plaintiffs Phyllis Aubrey-Samuel and Leon Samuel. (Attorney Debora Rabieian added to party Phyllis Aubrey-Samuel(pty:pla), Attorney Debora Rabieian added to party Leon Samuel(pty:pla))(Rabieian, Debora) |
| Filing 36 NOTICE OF CLERICAL ERROR: Due to clerical error Re: Document Nos. #33 and #35 were not properly flattened. The clerk will replace with flattened versions. (jp) |
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Filing 35
ORDER by Judge Dale S. Fischer GRANTING Joint Stipulation to Continue Court's Jurisdiction Over Settlement #34 . The Court retains Jurisdiction over the action for 60 days from the date of this Order. (jp) (Main Document 35 replaced on 10/13/2022) (jp).
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| Filing 34 Joint STIPULATION for Order to Continue Court's Jurisdiction over Settlement filed by Plaintiffs Phyllis Aubrey-Samuel, Leon Samuel. (Attachments: #1 Proposed Order Granting Joint Stipulation to Continue Court's Jurisdiction over Settlement)(Dolin, Tionna) |
| Filing 33 JUDGMENT by Judge Dale S. Fischer. The Court therefore enters judgment in favor of Plaintiffs pursuant to the terms of the Rule 68 offer #31 . (MD JS-6, Case Terminated). (jp) |
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Filing 32
TEXT ONLY ENTRY (IN CHAMBERS): ORDER VACATING TRIAL DATE by Judge Dale S. Fischer. In light of the Notice of Acceptance of the Rule 68 Offer of Judgment filed on 8/22/2022, the pretrial conference currently set for 9/12/2022 at 8:30 a.m. and the trial date currently set for 8/23/2022 at 8:30 a.m. are VACATED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pk)
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| Filing 31 REQUEST for Judgment filed by Plaintiff Phyllis Aubrey-Samuel, Leon Samuel. (Dolin, Tionna) |
| Filing 30 Notice OF ACCEPTANCE OF FED. R. CIV. P. 68 OFFER OF JUDGMENT filed by Defendant Ford Motor Company. (Attachments: #1 Exhibit Exhibit A)(Jun, Patricia) |
| Filing 29 STATUS REPORT Joint Mediation Status Report filed by Plaintiffs Phyllis Aubrey-Samuel, Leon Samuel. (Harman-Holmes, Ariel) |
| Filing 28 Notice of Appearance or Withdrawal of Counsel: for attorney Tionna Dolin counsel for Plaintiffs Phyllis Aubrey-Samuel, Leon Samuel. Kareem Shereef Aref is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiffs Leon Samuel and Phyllis Aubrey-Samuel. (Dolin, Tionna) |
| Filing 27 Notice of Appearance or Withdrawal of Counsel: for attorney Tionna Dolin counsel for Plaintiffs Phyllis Aubrey-Samuel, Leon Samuel. Karin Kuemerle is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiffs Leon Samuel and Phyllis Aubrey-Samuel. (Dolin, Tionna) |
| Filing 26 Notice of Electronic Filing re Notice of Appearance, #23 , Stipulation to Extend Discovery Cut-Off Date #24 , Order #25 e-mailed to Karin Kuemerle bounced due to unknown address error. The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cbr) TEXT ONLY ENTRY |
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Filing 25
ORDER by Judge Dale S. Fischer APPROVED Joint Stipulation to Continue Fact Discovery and Expert Depositions Through 6/24/2022 #24 . The Final Pretrial Conference is continued to 9/12/2022 at 3:00 PM. The Trial is continued to 10/11/2022 at 08:30 AM. See Order for specifics. (jp)
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| Filing 24 Joint STIPULATION to Extend Discovery Cut-Off Date to 6/24/22 filed by defendant Ford Motor Company. (Attachments: #1 Declaration Declaration of P. Jun, #2 Proposed Order)(Jun, Patricia) |
| Filing 23 NOTICE of Appearance filed by attorney Kareem Shereef Aref on behalf of Plaintiffs Phyllis Aubrey-Samuel, Leon Samuel (Attorney Kareem Shereef Aref added to party Phyllis Aubrey-Samuel(pty:pla), Attorney Kareem Shereef Aref added to party Leon Samuel(pty:pla))(Aref, Kareem) |
| Filing 22 NOTICE filed by Leon Samuel and Phyllis Aubrey-Samuel Phyllis Aubrey-Samuel, Leon Samuel. (Arabi, Mani) |
| Filing 21 Notice of Appearance or Withdrawal of Counsel: for attorney Ariel Harman-Holmes counsel for Plaintiffs Phyllis Aubrey-Samuel, Leon Samuel. Adding Ariel Harman-Holmes as counsel of record for Leon Samuel and Phyllis-Samuel for the reason indicated in the G-123 Notice. Filed by plaintiffs' Leon Samuel and Phyllis-Samuel. (Attorney Ariel Harman-Holmes added to party Phyllis Aubrey-Samuel(pty:pla), Attorney Ariel Harman-Holmes added to party Leon Samuel(pty:pla))(Harman-Holmes, Ariel) |
| Filing 20 Notice of Appearance or Withdrawal of Counsel: for attorney Negeen Sadeghi-Movahed counsel for Plaintiff Leon Samuel. Adding Negeen Sadeghi-Movahed as counsel of record for LEON SAMUEL and PHYLLIS AUBREY-SAMUEL for the reason indicated in the G-123 Notice. Filed by plaintiffs' LEON SAMUEL and PHYLLIS AUBREY-SAMUEL. (Attorney Negeen Sadeghi-Movahed added to party Leon Samuel(pty:pla))(Sadeghi-Movahed, Negeen) |
| Filing 19 Notice of Appearance or Withdrawal of Counsel: for attorney Matthew Jeffrey Pardo counsel for Plaintiffs Phyllis Aubrey-Samuel, Leon Samuel. Adding Matthew Pardo as counsel of record for Leon Samuel and Phyllis Aubrey-Samuel for the reason indicated in the G-123 Notice. Filed by Plaintiffs Leon Samuel and Phyllis Aubrey-Samuel. (Attorney Matthew Jeffrey Pardo added to party Phyllis Aubrey-Samuel(pty:pla), Attorney Matthew Jeffrey Pardo added to party Leon Samuel(pty:pla))(Pardo, Matthew) |
| Filing 18 Notice of Appearance or Withdrawal of Counsel: for attorney Karin Kuemerle counsel for Plaintiffs Phyllis Aubrey-Samuel, Leon Samuel. Adding Karin Kuemerle as counsel of record for Leon Samuel and Phyllis Aubrey-Samuel for the reason indicated in the G-123 Notice. Filed by Plaintiffs Leon Samuel and Phyllis Aubrey-Samuel. (Attorney Karin Kuemerle added to party Phyllis Aubrey-Samuel(pty:pla), Attorney Karin Kuemerle added to party Leon Samuel(pty:pla))(Kuemerle, Karin) |
| Filing 17 NOTICE of Change of address by Tionna Dolin attorney for Plaintiffs Phyllis Aubrey-Samuel, Leon Samuel. Changing attorneys address to 1888 Century Park East, 19th Floor, Los Angeles,CA 90067. Filed by Plaintiffs Phyllis Aubrey-Samuel, Leon Samuel. (Dolin, Tionna) |
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Filing 16
ORDER/REFERRAL to ADR Procedure No 3 by Judge Dale S. Fischer. 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 7/19/22. (rfi)
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Filing 15
Order re Jury Trial by Judge Dale S. Fischer. These dates and requirements are firm. The Court is very unlikely to grant continuances unless the parties establish good cause through a concrete showing. Failure to complete discovery in a timely manner does not constitute good cause, nor does the fact that a settlement conference is pending. Each side is limited to five motions in limine, unless the Court orders otherwise. See Trial Order for specifics. Final Pretrial Conference set for 9/12/2022 at 3:00 PM before Judge Dale S. Fischer. Jury Trial set for 10/11/2022 at 8:30 AM before Judge Dale S. Fischer. (rfi)
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| Filing 14 TEXT ONLY ENTRY: (IN CHAMBERS) SCHEDULING ORDER. The Court takes the Scheduling Conference off calendar and establishes the case management dates as proposed by parties in the Joint Rule 26(f) Report as further described in the Schedule of Pretrial and Trial dates except as noted in the Order re Trial. (See Order re Trial for specific dates and times.) These dates and requirements are firm. The Court is very unlikely to grant continuances unless the parties establish good cause through a concrete showing. Failure to complete discovery in a timely manner does not constitute good cause, nor does the fact that a settlement conference is pending. Each side is limited to five motions in limine unless the Court orders otherwise. All fictitiously named defendants are dismissed. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY |
| Filing 13 Notice of Appearance or Withdrawal of Counsel: for attorney Patricia H Jun counsel for Defendant Ford Motor Company. Adding Patricia H. Jun as counsel of record for Ford Motor Company for the reason indicated in the G-123 Notice. Filed by defendant Ford Motor Company. (Attorney Patricia H Jun added to party Ford Motor Company(pty:dft))(Jun, Patricia) |
| Filing 12 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5 to 7 days, filed by Plaintiffs Phyllis Aubrey-Samuel, Leon Samuel.. (Law, Daniel) |
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Filing 11
DENIED BY ORDER OF THE COURT by Judge Dale S. Fischer, re Stipulation to Continue to continue September 27, 2021 Scheduling Conference #10 . (et)
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| Filing 10 Joint STIPULATION to Continue Scheduling Conference from September 27, 2021 filed by Plaintiffs Phyllis Aubrey-Samuel, Leon Samuel. (Attachments: #1 Declaration Declaration of Daniel Law ISO Joint Stipulation, #2 Proposed Order Proposed Order Granting Joint Stipulation)(Law, Daniel) |
| Filing 9 Notice of Appearance or Withdrawal of Counsel: for attorney Daniel A Law counsel for Plaintiffs Phyllis Aubrey-Samuel, Leon Samuel. Adding DANIEL LAW as counsel of record for Plaintiffs LEON SAMUEL and PHYLLIS AUBREY-SAMUEL for the reason indicated in the G-123 Notice. Filed by Plaintiff PLAINTIFF. (Attorney Daniel A Law added to party Phyllis Aubrey-Samuel(pty:pla), Attorney Daniel A Law added to party Leon Samuel(pty:pla))(Law, Daniel) |
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Filing 8
ORDER SETTING SCHEDULING CONFERENCE by Judge Dale S. Fischer. The Joint Report must include the completed Schedule of Pretrial and Trial dates. Lead trial counsel are ordered to appear in person unless counsel have been excused by the Court. Scheduling Conference set for 9/27/2021 at 11:00 AM before Judge Dale S. Fischer. (dd)
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Filing 7
STANDING ORDER FOR CASES ASSIGNED TO JUDGE DALE S. FISCHER upon filing of the complaint by Judge Dale S. Fischer. If a party would be entitled to attorneys fees, counsel are referred to the Order Re Fees found on Court's website under Judge Fischer's Procedures and Schedules contained in the Judge's Requirements tab. Read all Orders carefully. They govern this case and differ in some respects from the Local Rules. COUNSEL ARE ORDERED TO PROVIDE A MANDATORY CHAMBERS COPY OF THE COMPLAINT, NOTICE OF REMOVAL, AND ANY OTHER INITIATING DOCUMENTS. (dd)
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| Filing 6 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (esa) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Dale S. Fischer and Magistrate Judge Steve Kim. (esa) |
| CONFORMED COPY OF COMPLAINT against defendants Does, Ford Motor Company, South Bay Ford Inc., Jury Demanded, filed by plaintiffs Leon Samuel, Phyllis Aubrey-Samuel. (filed in state court 2/8/21, submitted as document 1, attachment 2) (esa) |
| CONFORMED COPY OF PROOF OF SERVICE executed by Plaintiffs Leon Samuel, Phyllis Aubrey-Samuel, upon Defendant South Bay Ford Inc. served on 3/5/2021. Service of the Summons and Complaint were executed upon Michelle Castillo, Administrative Assistant, in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (filed in state court 3/5/2021, submitted as document 1, attachment 11) (esa) |
| CONFORMED COPY OF PROOF OF SERVICE executed by Plaintiffs Leon Samuel, Phyllis Aubrey-Samuel, upon Defendant Ford Motor Company served on 3/5/2021. Service of the Summons and Complaint were executed upon CT Corporation, Agent for Service of Process, in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (filed in state court 3/5/2021, submitted as document 1, attachment 10) (esa) |
| COPY OF REQUEST FOR DISMISSAL filed by plaintiffs Leon Samuel, Phyllis Aubrey-Samuel as to defendant South Bay Ford Inc. (filed in state court 7/21/2021, submitted as document 1, attachment 5) (esa) |
| CONFORMED COPY ANSWER to Complaint filed by defendants Ford Motor Company, South Bay Ford Inc. (filed in state court 4/5/2021, submitted as document 1, attachment 7)(esa) |
| Filing 3 CERTIFICATE of Interested Parties filed by Defendant Ford Motor Company, (Mortenson, Michael) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Ford Motor Company. (Mortenson, Michael) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles County Superior, case number 21STCV05037 Receipt No: ACACDC-31848443 - Fee: $402, filed by Defendant Ford Motor Company. (Attachments: #1 Declaration of Michael D. Mortenson in Support of Notice of Removal, #2 Exhibit 1 to Declaration of Michael D. Mortenson, #3 Exhibit 2 to Declaration of Michael D. Mortenson, #4 Exhibit 3 to Declaration of Michael D. Mortenson, #5 Exhibit 4 to Declaration of Michael D. Mortenson, #6 Exhibit 5 to Declaration of Michael D. Mortenson, #7 Exhibit 6 to Declaration of Michael D. Mortenson, #8 Exhibit 7 to Declaration of Michael D. Mortenson, #9 Exhibit 8 to Declaration of Michael D. Mortenson, #10 Exhibit 9 to Declaration of Michael D. Mortenson, #11 Exhibit 10 to Declaration of Michael D. Mortenson, #12 Exhibit 11 to Declaration of Michael D. Mortenson, #13 Exhibit 12 to Declaration of Michael D. Mortenson, #14 Exhibit 13 to Declaration of Michael D. Mortenson, #15 Exhibit 14 to Declaration of Michael D. Mortenson, #16 Exhibit 15 to Declaration of Michael D. Mortenson) (Attorney Michael Donn Mortenson added to party Ford Motor Company(pty:dft))(Mortenson, Michael) |
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