Tabitha Sperring et al v. LLR, Inc. et al
| Sally Poston, Tabitha Sperring and Paislie Marchant |
| LULAROE, LLC, LENNON LEASING, LLC, DeAnne Brady a/k/a DeAnne Stidham, LLR, INC., MARK A. STIDHAM, DeAnne Brady, DeAnne Stidham and Does 1-30, inclusive |
| 5:2019cv00433 |
| March 8, 2019 |
| US District Court for the Central District of California |
| Andre Birotte |
| Shashi H Kewalramani |
| Other Fraud |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 9, 2021. A more recent docket listing may be available from PACER.
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| Filing 52 OBJECTION TO SUPPLEMENTAL DECLARATION OF KEVIN D. GAMARNIK IN SUPPORT OF PLAINTIFFS MOTION FOR RELIEF FROM DISMISSAL ORDER PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 60(b) re: NOTICE OF MOTION AND MOTION for Relief from from Dismissal Order Pursuant to Federal Rule of Civil Procedure 60(b) re Order on Motion to Dismiss Case, #40 #49 filed by Defendants DeAnne Brady, LLR, Inc., Lennon Leasing, LLC, LuLaRoe, LLC, Mark A. Stidham. (Attachments: #1 Declaration William S. O'Hare)(O'Hare, William) |
| Filing 51 REPLY in support of NOTICE OF MOTION AND MOTION for Relief from from Dismissal Order Pursuant to Federal Rule of Civil Procedure 60(b) re Order on Motion to Dismiss Case, #40 #49 filed by Plaintiffs Paislie Marchant, Sally Poston, Tabitha Sperring. (Attachments: #1 Declaration of Kevin D. Gamarnik (Supplemental))(Gamarnik, Kevin) |
| Filing 50 OPPOSITION re: NOTICE OF MOTION AND MOTION for Relief from from Dismissal Order Pursuant to Federal Rule of Civil Procedure 60(b) re Order on Motion to Dismiss Case, #40 #49 filed by Defendants DeAnne Brady, LLR, Inc., Lennon Leasing, LLC, LuLaRoe, LLC, Mark A. Stidham. (Attachments: #1 Declaration William S. O'Hare, Ex. 1, #2 Request for Judicial Notice, Exs. 2-13)(Hua, Jing) |
| Filing 49 NOTICE OF MOTION AND MOTION for Relief from from Dismissal Order Pursuant to Federal Rule of Civil Procedure 60(b) re Order on Motion to Dismiss Case, #40 filed by Plaintiff Paislie Marchant, Sally Poston, Tabitha Sperring. Motion set for hearing on 9/17/2021 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Declaration of Kevin D. Gamarnik in Support of Plaintiffs' Motion for Relief from Dismissal Order Pursuant to Federal Rule of Civil Procedure 60(b), #2 Supplement Request for Judicial Notice, #3 Proposed Order Granting Plaintiffs' Motion for Relief from Dismissal Order Pursuant to Federal Rule of Civil Procedure 60(b)) (Gamarnik, Kevin) |
| Filing 48 MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #43 , CCA # 19-56295. The judgment of this Court, entered April 23, 2021, takes effect this date.This constitutes the formal mandate of this Court issued pursuant to Rule41(a) of the Federal Rules of Appellate Procedure. [See USCA Opinion #47 DISMISSED.](mat) |
| Filing 47 OPINION from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #43 filed by Tabitha Sperring, Paislie Marchant, Sally Poston. CCA No. 19-56295. DISMISSED. (bm) |
| Filing 46 NOTICE of Related Case(s) filed by Defendants DeAnne Brady, LLR, Inc., Lennon Leasing, LLC, LuLaRoe, LLC, Mark A. Stidham. Related Case(s): 5:21-cv-00518-AB-SHK (Hua, Jing) |
Filing 45
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #43 filed by Tabitha Sperring, Paislie Marchant, Sally Poston. CCA # 19-56295. Appellees' motion to dismiss this appeal for lack of jurisdiction is denied without prejudice to renewing the arguments in the answering brief. See document for further details. (gk)
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| Filing 44 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 19-56295 assigned to Notice of Appeal to 9th Circuit Court of Appeals #43 as to Plaintiff Paislie Marchant. (gk) |
| Filing 43 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Plaintiffs Paislie Marchant, Sally Poston, Tabitha Sperring. Appeal of Order on Motion to Dismiss Case, #40 . (Appeal Fee - $505 Fee Paid, Receipt No. 0973-24745257.) (Karczag, Justin) |
| Filing 42 NOTICE of Association of Counsel associating attorney Justin P. Karczag and Muhammed T. Hussain on behalf of Plaintiffs Paislie Marchant, Sally Poston, Tabitha Sperring. Filed by Plaintiffs Paislie Marchant, Sally Poston, Tabitha Sperring (Gamarnik, Kevin) |
| Filing 41 STATUS REPORT [Joint] filed by Defendants DeAnne Brady, LLR, Inc., Lennon Leasing, LLC, LuLaRoe, LLC, Mark A. Stidham. (Hua, Jing) |
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Filing 40
MINUTES (IN CHAMBERS) ORDER granting Plaintiffs' un-opposed motion for an order dismissing this action with prejudice and VACATING hearing by Judge Andre Birotte Jr.: The Court accordingly GRANTS Plaintiffs' motion for a voluntary dismissal with prejudice under Rule 41(a)(2) #33 . The hearing on this motion, scheduled for 10/11/2019, is VACATED. Court Reporter: N/A. (gk)
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| Filing 38 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case WITH PREJUDICE UNDER FED. RULES. CIV. PROC. 41(a)(2) #33 filed by Defendants DeAnne Brady, LLR, Inc., Lennon Leasing, LLC, LuLaRoe, LLC, Mark A. Stidham. (O'Hare, William) |
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Filing 39
ORDER GRANTING STIPULATION TO CONTINUE HEARING by Judge Andre Birotte Jr.: Upon Stipulation #34 , IT IS HEREBY ORDERED that that the hearing for Plaintiffs' Motion for an Order Dismissing the Action with Prejudice Under Fed. Rules Civ. Proc. Section 41(a)(2) #33 is continued to 10/11/2019 at 10:00 AM before Judge Andre Birotte Jr. (gk)
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| Filing 37 SUPPLEMENT to NOTICE OF MOTION AND MOTION to Dismiss Case WITH PREJUDICE UNDER FED. RULES. CIV. PROC. 41(a)(2) #33 [PROPOSED] ORDER filed by Plaintiffs Paislie Marchant, Sally Poston, Tabitha Sperring. (Gamarnik, Kevin) |
| Filing 36 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Clerk RE: Motion filed 8/29/2019 #33 . Counsel shall immediately file a Proposed Order and email a Microsoft Word version of the Proposed Order to the chambers email address. (gk) |
| Filing 35 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss Case WITH PREJUDICE UNDER FED. RULES. CIV. PROC. 41(a)(2) #33 . The following error(s) was/were found: Proposed order not submitted pursuant to Local Rule 52-4.1. All proposed signature items shall be e-mailed to the chambers' e-mail address at AB_chambers@cacd.uscourts.gov in Word format. ONLY proposed order signature items should be emailed to the chambers' e-mail address. 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. (gk) |
| Filing 34 STIPULATION to Continue Hearing on Defendants' Motion for an Order Dismissing the Action with Prejudice from 9/27/19 to 10/4/19 Re: NOTICE OF MOTION AND MOTION to Dismiss Case WITH PREJUDICE UNDER FED. RULES. CIV. PROC. 41(a)(2) #33 filed by Defendants DeAnne Brady, LLR, Inc., Lennon Leasing, LLC, LuLaRoe, LLC, Mark A. Stidham. (Attachments: #1 Proposed Order)(Hua, Jing) |
| Filing 33 NOTICE OF MOTION AND MOTION to Dismiss Case WITH PREJUDICE UNDER FED. RULES. CIV. PROC. 41(a)(2) filed by Plaintiffs Paislie Marchant, Sally Poston, Tabitha Sperring. Motion set for hearing on 9/27/2019 at 10:00 AM before Judge Andre Birotte Jr. (Gamarnik, Kevin) |
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Filing 32
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO COMPEL ARBITRATION by Judge Andre Birotte Jr.: Defendants' Motion to Compel Plaintiffs to Individually Arbitrate and to Dismiss or Stay this Action #24 is hereby GRANTED in part and DENIED in part. The Court hereby STAYS this action pending the arbitration of Plaintiffs' claims. The Court further ORDERS that this action be removed from the Court's active caseload until further application by the parties or Order of this Court. To allow the Court to monitor this action, the Court orders the parties to file periodic status reports. The first such report is to be filed by 10/18/2019 unless the stay is lifted sooner. The parties shall file successive reports every 120 days thereafter. Each report must indicate on the face page the date on which the next report is due. All pending calendar dates are VACATED by the Court. This Court retains jurisdiction over this action, and this Order shall not prejudice any party to this action. (gk)
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| Filing 31 Opposition to Objection re: NOTICE OF MOTION AND MOTION to Compel Arbitration #24 Defendants Opposition to: Plaintiffs Objections to Portions of Defendants Reply in Support of Motion to Compel Plaintiffs to Individually Arbitrate and to Dismiss or Stay This Action and Alternative Request for Leave to File a Sur-Reply filed by Defendants DeAnne Brady, LLR, Inc., Lennon Leasing, LLC, LuLaRoe, LLC, Mark A. Stidham. (Attachments: #1 Declaration William S. O'Hare)(Weldon, Elizabeth) |
| Filing 30 OBJECTIONS to Reply (Motion related),, #28 OR, IN THE ALTERNATIVE, REQUEST FOR LEAVE TO FILE SUR-REPLY filed by Plaintiffs Paislie Marchant, Sally Poston, Tabitha Sperring. (Attachments: #1 Proposed Order)(Gamarnik, Kevin) |
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Filing 29
(IN CHAMBERS) ORDER TAKING DEFENDANTS' MOTION TO COMPEL PLAINTIFFS TO INDIVIDUALLY ARBITRATE AND TO DISMISS OR STAY THIS ACTION (DKT. #24 ) UNDER SUBMISSION by Judge Andre Birotte Jr.: The Court has considered the matters raised with respect to the Motion and has concluded that pursuant to Local Rule 7.15, the matter can be decided without oral argument. The Court advises counsel that the Motion, noticed for hearing on June 14, 2019, has been taken under submission and off its motion calendar. No appearance by counsel is necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY
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| Filing 28 REPLY in support NOTICE OF MOTION AND MOTION to Compel Arbitration #24 filed by Defendants DeAnne Brady, LLR, Inc., Lennon Leasing, LLC, LuLaRoe, LLC, Mark A. Stidham. (Attachments: #1 Declaration Jamie Ellis, Exs. 1-10, #2 Declaration Elizabeth M. Weldon, Exs. 13-14, #3 Declaration Courtney Hutchins, Exs. 15-17, #4 Request for Judicial Notice, Exs. 18-22, #5 Declaration Lori A. Hawkins, Part 1, Exs. 23-31, #6 Declaration Lori A. Hawkins, Part 2, Exs. 32-36, #7 Objections to RFJN in support of Opposition to)(Weldon, Elizabeth) |
| Filing 27 OPPOSITION re: NOTICE OF MOTION AND MOTION to Compel Arbitration #24 filed by Plaintiffs Paislie Marchant, Sally Poston, Tabitha Sperring. (Attachments: #1 Supplement Request for Judicial Notice, #2 Declaration Declaration of Kevin D. Gamarnik, #3 Declaration Declaration of Tabitha Sperring, #4 Declaration Declaration of Paislie Marchant, #5 Declaration Declaration of Sally Poston)(Gamarnik, Kevin) |
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Filing 26
ORDER SETTING SCHEDULING CONFERENCE by Judge Andre Birotte Jr. Scheduling Conference set for 8/30/2019 at 10:00 AM before Judge Andre Birotte Jr. (cb)
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| Filing 25 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Compel Arbitration #24 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Defendants noticed this matter for hearing on 6/14/2019 at 10:00 AM. It appears that, due to typographical error, the matter was placed on calendar for 6/4/2019. Clerk shall re-set this matter for 6/14/2019 at 10:00 AM. 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. (gk) |
| Filing 24 NOTICE OF MOTION AND MOTION to Compel Arbitration filed by Defendants DeAnne Brady, LLR, Inc., Lennon Leasing, LLC, LuLaRoe, LLC, Mark A. Stidham. Motion set for hearing on 6/4/2019 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Declaration Mark Stidham, #2 Declaration Justin Lyon with Exhs 1-4, #3 Declaration Megan Alvarez with Exhs 5-8, #4 Declaration Grace Nichole Santillana with Exhs 9-13, #5 Declaration Austin Stidham, #6 Exhibit 14 to Austin Stidham Declaration, #7 Exhibit 15 to Austin Stidham Declaration, #8 Exhibit 16 to Austin Stidham Declaration, #9 Declaration Elizabeth Weldon with Exhs 17-23, #10 Exhibit Request for Judicial Notice with Exhs 1-3, #11 Proposed Order) (Weldon, Elizabeth) |
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Filing 23
ORDER Extending Time to Respond to First Amended Complaint by Judge Andre Birotte Jr. IT IS HEREBY ORDERED that the time for Defendants LuLaRoe, LLC, LLR, Inc., Lennon Leasing, LLC, Mark Stidham, and DeAnne Brady to respond to Plaintiffs First Amended Complaint is extended to and including May 6, 2019. IT IS SO ORDERED. #22 (yl)
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| Filing 22 STIPULATION for Extension of Time to File Answer to May 6, 2019 re Amended Complaint/Petition, #18 filed by Defendants DeAnne Brady, LLR, Inc., Lennon Leasing, LLC, LuLaRoe, LLC, Mark A. Stidham. (Attachments: #1 Proposed Order)(Weldon, Elizabeth) |
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Filing 21
ORDER GRANTING EXTENSION OF PLAINTIFFS' DEADLINE TO FILE THEIR MOTION FOR CLASS CERTIFICATION by Judge Andre Birotte Jr.: Upon Stipulation #20 , IT IS HEREBY ORDERED that that the deadline for Plaintiffs to file their Motion for Class Certification is continued to a date to be established in the first Scheduling Order. (gk)
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| Filing 20 STIPULATION for Extension of Time to File Motion for Class Certification filed by Defendants DeAnne Brady, LLR, Inc., Lennon Leasing, LLC, LuLaRoe, LLC, Mark A. Stidham. (Attachments: #1 Proposed Order)(Attorney Jing Hua added to party DeAnne Brady(pty:dft), Attorney Jing Hua added to party LLR, Inc.(pty:dft), Attorney Jing Hua added to party Lennon Leasing, LLC(pty:dft), Attorney Jing Hua added to party LuLaRoe, LLC(pty:dft), Attorney Jing Hua added to party Mark A. Stidham (pty:dft))(Hua, Jing) |
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Filing 19
STANDING ORDER upon filing of the complaint by Judge Andre Birotte Jr. (cb)
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| Filing 18 FIRST AMENDED COMPLAINT against Defendants DeAnne Brady, Does, LLR, Inc., Lennon Leasing, LLC, LuLaRoe, LLC, Mark A. Stidham amending Complaint (Attorney Civil Case Opening), #1 , filed by Plaintiffs Tabitha Sperring, Sally Poston, Paislie Marchant(Gamarnik, Kevin) |
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Filing 17
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19-03-Related Case- filed. Related Case No: 5:17-cv-2102 AB(SHKx). Case transferred from Judge Jesus G. Bernal and Magistrate Judge Kenly Kiya Kato to Judge Andre Birotte Jr and Magistrate Judge Shashi H. Kewalramani for all further proceedings. The case number will now reflect the initials of the transferee Judge 5:19-cv-433 AB(SHKx). Signed by Judge Andre Birotte Jr. (ad)
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| Filing 16 PROOF OF SERVICE Executed by Plaintiff Tabitha Sperring, Sally Poston, Paislie Marchant, upon Defendant DeAnne Brady served on 3/31/2019, answer due 4/22/2019. Service of the Summons and Complaint were executed upon Jason Steamfellow in Marketing in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons returned. (Date of substitute service: 03/21/2019) (Attachments: #1 Summons)(Gamarnik, Kevin) |
| Filing 15 PROOF OF SERVICE Executed by Plaintiff Tabitha Sperring, Sally Poston, Paislie Marchant, upon Defendant Mark A. Stidham served on 3/18/2019, answer due 4/8/2019. Service of the Summons and Complaint were executed upon Mark A. Stidham in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Attachments: #1 Summons)(Gamarnik, Kevin) |
| Filing 14 PROOF OF SERVICE Executed by Plaintiff Tabitha Sperring, Sally Poston, Paislie Marchant, upon Defendant Lennon Leasing, LLC served on 3/14/2019, answer due 4/4/2019. Service of the Summons and Complaint were executed upon Sandra Kilgore - Receptionist at Registered Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Attachments: #1 Summons)(Gamarnik, Kevin) |
| Filing 13 PROOF OF SERVICE Executed by Plaintiff Tabitha Sperring, Sally Poston, Paislie Marchant, upon Defendant LuLaRoe, LLC served on 3/14/2019, answer due 4/4/2019. Service of the Summons and Complaint were executed upon Sandra Kilgore - Receptionist at Registered Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Attachments: #1 Summons)(Gamarnik, Kevin) |
| Filing 12 PROOF OF SERVICE Executed by Plaintiff Tabitha Sperring, Sally Poston, Paislie Marchant, upon Defendant LLR, Inc. served on 3/14/2019, answer due 4/4/2019. Service of the Summons and Complaint were executed upon Sandra Kilgore - Receptionist at Registered Agent for Service of Process in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons returned. (Attachments: #1 Summons)(Gamarnik, Kevin) |
| Filing 11 STIPULATION for Extension of Time to File Answer to April 29, 2019 filed by Defendants DeAnne Brady, LLR, Inc., Lennon Leasing, LLC, LuLaRoe, LLC, Mark A. Stidham.(Attorney Elizabeth M Weldon added to party DeAnne Brady(pty:dft), Attorney Elizabeth M Weldon added to party LLR, Inc.(pty:dft), Attorney Elizabeth M Weldon added to party Lennon Leasing, LLC(pty:dft), Attorney Elizabeth M Weldon added to party LuLaRoe, LLC(pty:dft), Attorney Elizabeth M Weldon added to party Mark A. Stidham (pty:dft))(Weldon, Elizabeth) |
| Filing 10 NOTICE of Related Case(s) filed by Defendants DeAnne Brady, LLR, Inc., Lennon Leasing, LLC, LuLaRoe, LLC, Mark A. Stidham. Related Case(s): 5:17-cv-02102-AB-SHK (Weldon, Elizabeth) |
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Filing 9
STANDING ORDER upon filing of the complaint by Judge Jesus G. Bernal. (ima)
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| Filing 8 NOTICE of Interested Parties filed by Plaintiffs All Plaintiffs, identifying NONE. (Gamarnik, Kevin) |
| Filing 7 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Complaint (Attorney Civil Case Opening), #1 . 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. (ghap) |
| Filing 6 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendants DeAnne Brady, LLR, Inc., Lennon Leasing, LLC, LuLaRoe, LLC, Mark A. Stidham. (ghap) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Jesus G. Bernal and Magistrate Judge Kenly Kiya Kato. (ghap) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiffs Paislie Marchant, Sally Poston, Tabitha Sperring. (Gamarnik, Kevin) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiffs Paislie Marchant, Sally Poston, Tabitha Sperring. (Gamarnik, Kevin) |
| Filing 1 COMPLAINT with filing fee previously paid ($400.00 paid on 03/08/2019, receipt number 26FVTH20), receipt number 0973-23346987 filed by Plaintiffs Tabitha Sperring, Sally Poston, Paislie Marchant. (Attorney Kevin D Gamarnik added to party Paislie Marchant(pty:pla), Attorney Kevin D Gamarnik added to party Sally Poston(pty:pla), Attorney Kevin D Gamarnik added to party Tabitha Sperring(pty:pla))(Gamarnik, Kevin) Modified on 3/11/2019 (ghap). |
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