James D. McCool v. Denise Wilson et al
| James D. McCool, Desert Jet Charter LLC, Desert Jet Maintenance LLC, Desert Jet TRM LLC, Desert Jet Holdings LLC, Desert Jet, LLC and Desert Jet Center LLC |
| The Practice Certified Public Accountants, Inc., Allen Matkins Leck Gamble Mallory and Natsis, LLP, Clark Libenson, Does 1 through 10, inclusive, Adam Ochoa and Denise Wilson |
| Desert Jet Holdings, LLC |
| 5:2019cv02499 |
| December 30, 2019 |
| US District Court for the Central District of California |
| Philip S Gutierrez |
| Kenly Kiya Kato |
| Christina A Snyder |
| Securities/Commodities |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 29, 2021. A more recent docket listing may be available from PACER.
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| Filing 111 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Case Second Amended Complaint for Failure to State a Claim Upon Which Relief Can Be Granted Or, In The Alternative, Strike Portions of Second Amended Complaint #107 filed by Defendants Allen Matkins Leck Gamble Mallory and Natsis, LLP, Clark Libenson. (Meyers, William) |
Filing 110
ORDER RE: STIPULATION TO CONTINUE HEARING by Judge Philip S. Gutierrez, re Stipulation for Extension of Time to File Response/Reply, #108 : The time for Plaintiff McCool to respond to Defendants' Motion to Dismiss or Strike the Second Amended Complaint is extended to January 4, 2021 and the time for Defendants' to reply is extended to January 11, 2021. The corresponding hearing is hereby continued to January 25, 2021. (bm)
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| Filing 109 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case Second Amended Complaint for Failure to State a Claim Upon Which Relief Can Be Granted Or, In The Alternative, Strike Portions of Second Amended Complaint #107 filed by Plaintiff James D. McCool. (Racek, Edward) |
| Filing 108 STIPULATION for Extension of Time to File Responses to Motion to Dismiss and Continue the hearing as to NOTICE OF MOTION AND MOTION to Dismiss Case Second Amended Complaint for Failure to State a Claim Upon Which Relief Can Be Granted Or, In The Alternative, Strike Portions of Second Amended Complaint #107 filed by Plaintiff James D. McCool. (Attachments: #1 Declaration Savannah Fox, #2 Proposed Order)(Racek, Edward) |
| Filing 107 NOTICE OF MOTION AND MOTION to Dismiss Case Second Amended Complaint for Failure to State a Claim Upon Which Relief Can Be Granted Or, In The Alternative, Strike Portions of Second Amended Complaint filed by Defendants Allen Matkins Leck Gamble Mallory and Natsis, LLP, Clark Libenson. Motion set for hearing on 1/11/2021 at 01:30 PM before Judge Philip S. Gutierrez. (Meyers, William) |
| Filing 106 Second AMENDED COMPLAINT against ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS, LLP; CLARK LIBENSON; and DOES James D. McCool amending Complaint (Attorney Civil Case Opening) #1 , Amended Complaint/Petition #94 , filed by Plaintiff James D. McCool(Racek, Edward) |
| Filing 105 MINUTES (IN CHAMBERS) The Court GRANTS IN PART and DENIES IN PARTDefendants motion to dismiss #98 by Judge Philip S. Gutierrez: Accordingly, the Court GRANTS the motion to dismiss the fourth cause of action. The Court does not believe amendment would be futile, and thus GRANTS leave to amend. (See minutes for further details) (yl) |
| Filing 104 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION to Dismiss Case First Amended Complaint for Failure to State a Claim Upon Which Relief can be Granted #98 (Attachments: #1 Proposed Order)(Meyers, William) |
| Filing 103 REPLY support NOTICE OF MOTION AND MOTION to Dismiss Case First Amended Complaint for Failure to State a Claim Upon Which Relief can be Granted #98 filed by Defendants Allen Matkins Leck Gamble Mallory and Natsis, LLP, Clark Libenson. (Attachments: #1 Exhibit A, #2 Exhibit B)(Meyers, William) |
| Filing 102 OPPOSITION to defendants motion to dismiss first amended complaint re: NOTICE OF MOTION AND MOTION to Dismiss Case First Amended Complaint for Failure to State a Claim Upon Which Relief can be Granted #98 filed by Plaintiffs Desert Jet Center LLC, Desert Jet Charter LLC, Desert Jet Holdings LLC, Desert Jet Maintenance LLC, Desert Jet TRM LLC, Desert Jet, LLC, James D. McCool. (Racek, Edward) |
| Filing 101 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: MOTION to Dismiss Case #98 , Request for Judicial Notice, #99 by Judge Philip S. Gutierrez. The document is accepted as filed. The motion is reset to 11/02/2020 at 1:30 p.m. (wm) |
| Filing 100 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion to Dismiss #98 , Request for Judicial Notice, #99 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. 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. (bm) |
| Filing 99 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case First Amended Complaint for Failure to State a Claim Upon Which Relief can be Granted #98 filed by Defendants Allen Matkins Leck Gamble Mallory and Natsis, LLP, Clark Libenson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Meyers, William) |
| Filing 98 NOTICE OF MOTION AND MOTION to Dismiss Case First Amended Complaint for Failure to State a Claim Upon Which Relief can be Granted filed by Defendants Allen Matkins Leck Gamble Mallory and Natsis, LLP, Clark Libenson. Motion set for hearing on 11/3/2020 at 01:30 PM before Judge Philip S. Gutierrez. (Meyers, William) |
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Filing 97
ORDER RE: STIPULATION FOR ONE-WEEK EXTENSION OF DEADLINE TO RESPOND TO FIRST AMENDED COMPLAINT [L.R. 7-lJ granting Stipulation #96 , by Judge Philip S. Gutierrez: 1. The time for the Allen Matkins Defendants to respond to Plaintiffs' FAC is extended to August 21, 2020. (bm)
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| Filing 96 STIPULATION for Extension of Time to File Response as to Amended Complaint/Petition #94 filed by Defendants Allen Matkins Leck Gamble Mallory and Natsis, LLP, Clark Libenson. (Attachments: #1 Proposed Order)(Meyers, William) |
| Filing 95 NOTICE of Interested Parties filed by Plaintiffs James D. McCool, identifying Desert Jet Holdings LLC, Desert Jet, LLC, Desert Jet Maintenance LLC, Desert Jet Charter LLC, Desert et TRM LLC, and Desert Jet Center LLC. (Racek, Edward) |
| Filing 94 First AMENDED COMPLAINT against Defendants Allen Matkins Leck Gamble Mallory and Natsis, LLP, Does, Clark Libenson amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiffs James D. McCool(Racek, Edward) |
| Filing 93 MINUTES (In Chambers): The Court GRANTS the motion to dismiss by Judge Philip S. Gutierrez: granting #23 MOTION to Dismiss; granting #30 MOTION for Joinder: For the foregoing reasons, the Court GRANTS the Allen Matkins Defendants' motion to dismiss the fifth and seventh causes of action against them. The Court GRANTS Plaintiff leave to amend. Any amended complaint must be filed by July 31, 2020, or the dismissed claims will be dismissed with prejudice. (see document for further details) (bm) |
| Filing 92 Certification and Notice of Interested Parties filed by Defendants Allen Matkins Leck Gamble Mallory and Natsis, LLP, Clark Libenson, (Meyers, William) |
| Filing 91 REPLY Opposition NOTICE OF MOTION AND MOTION to Dismiss Complaint for Failure to State a Claim Upon Which Relief Can Be Granted #23 filed by Defendants Allen Matkins Leck Gamble Mallory and Natsis, LLP, Clark Libenson. (Meyers, William) |
| Filing 90 OPPOSITION re: NOTICE OF MOTION AND MOTION to Dismiss Complaint for Failure to State a Claim Upon Which Relief Can Be Granted #23 filed by Plaintiff James D. McCool. (Racek, Edward) |
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Filing 89
ORDER EXTENDING TIME FOR OPPOSITION AND REPLY TO MOTION TO DISMISS AND CONTINUING HEARING by Judge Philip S. Gutierrez. Based on the foregoing stipulation of the parties THE COURT HEREBY ORDERS AND DECREES that the time within which Plaintiff may oppose the pending motion to dismiss is extended to and includes June 16, 2020, and the time within which Defendants may reply is extended to and includes June 23, 2020. The hearing on the pending motions to dismiss is continued to July 13, 2020. IT IS SO ORDERED. (yl)
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| Filing 88 TEXT ONLY ENTRY (In Chambers) by Judge Philip S. Gutierrez: Based on the request referred on the #86 Notice of Settlement between parties James D. McCool and The Practice Certified Public Accountants, Inc. ONLY, the MOTION TO DISMISS #26 is vacated. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (wm) TEXT ONLY ENTRY |
| Filing 87 STIPULATION for Extension of Time to File RESPONSES TO MOTIONS TO DISMISS AND CONTINUE HEARING filed by Plaintiff and Counter-Defendant James D. McCool. (Attachments: #1 Declaration of Edward W. Racek, #2 Proposed Order)(Racek, Edward) |
| Filing 86 NOTICE OF TENTATIVE SETTLEMENT BETWEEN PARTIES JAMES D. MCCOOL, ADAM OCHOA, AND THE PRACTICE CERTIFIED PUBLIC ACCOUNTANTS, INC. filed by Plaintiff James D. McCool. (Racek, Edward) |
| Filing 85 TEXT ONLY ENTRY (In Chambers) by Judge Philip S. Gutierrez: The Court vacates the Video Conference OSC Hearing set for May 27th, based on the Notice of Settlement filed on the same day. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (wm) TEXT ONLY ENTRY |
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Filing 84
ORDER EXTENDING TIME FOR RESPONSES TO MOTIONS TO DISMISS AND CONTINUING HEARING #82 by Judge Philip S. Gutierrez: Based on the foregoing stipulation of the parties THE COURT HEREBY ORDERS AND DECREES that the time within which Plaintiff may oppose the pending motions to dismiss is extended to and includes June 2, 2020, and the time within which Defendants may reply is extended to and includes June 9, 2020. The hearing on the pending motions to dismiss is continued to June 15, 2020. (bm)
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| Filing 83 NOTICE of Settlement BETWEEN PARTIES JAMES D. MCCOOL, DESERT JET HOLDINGS, LLC, AND DENISE WILSON filed by Defendant and Counter Plaintiff Denise Wilson. (Pujji, Ramnik) |
| Filing 82 STIPULATION for Extension of Time to File RESPONSES TO MOTIONS TO DISMISS AND CONTINUE HEARING filed by Plaintiff and Counter-Defendant James D. McCool. (Attachments: #1 Exhibit A, #2 Declaration of Edward W Racek, #3 Proposed Order)(Racek, Edward) |
| Filing 81 NOTICE OF FILING TRANSCRIPT filed for proceedings 5/13/2020 re Transcript #80 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mwo) TEXT ONLY ENTRY |
| Filing 80 TRANSCRIPT for proceedings held on 5/13/2020. Court Reporter: Marea Woolrich, e-mail: mareawoolrich@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 6/16/2020. Redacted Transcript Deadline set for 6/26/2020. Release of Transcript Restriction set for 8/24/2020. (mwo) |
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Filing 79
ORDER EXTENDING TIME FOR PARTIES TO RESPOND TO MOTIONS TO DISMISS by Judge Philip S. Gutierrez, re Stipulation for Extension of Time to File Response/Reply #78 : Based on the foregoing stipulation of the parties THE COURT HEREBY ORDERS AND DECREES that the time within which Plaintiff may oppose the pending motions to dismiss is extended to and includes May 26, 2020, and the time within which Defendants may reply is extended to and includes June 2, 2020. (bm)
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| Filing 78 STIPULATION for Extension of Time to File Responses to Motions to Dismiss as to NOTICE OF MOTION AND MOTION for Joinder in NOTICE OF MOTION AND MOTION to Dismiss The complaint pursuant to federal rules of civil procedure 12(B)(6) and 9(B) #26 , NOTICE OF MOTION AND MOTION to Dismiss Complaint for Failure to Sta #30 , Minutes of In Chambers Order/Directive - no proceeding held,,,, Set/Reset Motion Hearing and R&R Deadlines,,, #29 , Stipulation to Continue #36 , Order,, Set/Reset Motion Hearing and R&R Deadlines, #37 , NOTICE OF MOTION AND MOTION to Dismiss The complaint pursuant to federal rules of civil procedure 12(B)(6) and 9(B) #26 , NOTICE OF MOTION AND MOTION to Dismiss Complaint for Failure to State a Claim Upon Which Relief Can Be Granted #23 filed by Plaintiff and Counter-Defendant James D. McCool. (Attachments: #1 Exhibit A, #2 Declaration of Savannah M. Fox, #3 Proposed Order)(Racek, Edward) |
| Filing 77 PROOF OF SERVICE filed by Defendant and Counter Plaintiff Denise Wilson, re Sealed Document #72 , Sealed Document, #73 , Sealed Document,, #74 UNDER SEAL REPLY BRIEF, UNDER SEAL DECLARATION OF LEE SEARING, UNDER SEAL DECLARATION OF DENISE WILSON AND UNDER SEAL EXHIBITS E-H TO DECLARATION OF DENISE WILSON, FILED ISO DEFENDANT AND COUNTER PLAINTIFF DENISE WILSONS REPLY IN SUPPORT OF MOTION TO APPOINT RECEIVER, PURSUANT TO ORDER OF THE COURT DATED 5/12/2020 served on 5/13/2020. (Pujji, Ramnik) |
| Filing 76 MINUTES OF VIDEO CONFERENCE - ORDER TO SHOW CAUSE HEARING RE: WHY A TEMPORARY RECEIVE SHOULD NOT BE APPOINTED Hearing held before Judge Philip S. Gutierrez: The Court, having heard from counsel, orders the parties to mediation and continues the video conference osc hearing to May 27, 2020 at 10am. Counsel shall prepare a list of attorneys who will be appearing by video by May 20th. Court Reporter: Marea Woolrich. (bm) |
| Filing 75 DECLARATION of James D. McCool Opposition to Denise Wilson's Ex Parte Application for an order Appointing a Temporary Receiver and Order to Show Cause why a Permanent Receiver Should Not be Appointing Receiver APPLICATION to file document unredacted declaration of James McCool, unredacted declaration of Jared Fox, Exhibit 1 to declaration of Jared Fox, Exhibit 1 to declaration of Thomas Benenson, Exhibits 1, 3, 6, 10,11, 12, 13, 14 to declaration of Jame #52 filed by Plaintiff James D. McCool. (Racek, Edward) |
| Filing 74 SEALED DOCUMENT DECLARATION OF DENISE WILSON AND EXHIBITS E-H TO DECLARATION OF DENISE WILSON ISO REPLY IN SUPPORT OF MOTION FOR ORDER APPOINTING RECEIVER re Reply (Motion related),,, #63 , Order on Motion for Leave to File Document Under Seal, #71 filed by Defendant Denise Wilson. (Attachments: #1 Exhibit E TO DENISE WILSON DECLARATION, #2 Exhibit F TO DENISE WILSON DECLARATION, #3 Exhibit G TO DENISE WILSON DECLARATION, #4 Exhibit H TO DENISE WILSON DELCARATION)(Pujji, Ramnik) |
| Filing 73 SEALED DOCUMENT DECLARATION OF LEE SEARING TO REPLY IN SUPPORT OF MOTION FOR ORDER APPOINTING RECEIVER re Reply (Motion related),,, #63 , Order on Motion for Leave to File Document Under Seal, #71 filed by Defendant Denise Wilson.(Pujji, Ramnik) |
| Filing 72 SEALED DOCUMENT REPLY IN SUPPORT OF MOTION FOR ORDER APPOINTING RECEIVER re Reply (Motion related),,, #63 , Order on Motion for Leave to File Document Under Seal, #71 filed by Defendant Denise Wilson.(Pujji, Ramnik) |
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Filing 71
ORDER GRANTING DEFENDANT AND COUNTER PLAINTIFF DENISE WILSON'S UNOPPOSED APPLICATION FOR LEAVE TO FILE UNDER SEAL FOR DENISE WILSON'S REPLY IN SUPPORT OF MOTION FOR ORDER APPOINTING RECEIVER by Judge Philip S. Gutierrez granting #64 APPLICATION to Seal Document (bm)
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Filing 70
ORDER EXTENDING TIME FOR COUNTER DEFENDANT DESERT JET HOLDINGS, LLC TO RESPOND TO COUNTERCLAIM granting Stipulation for Extension of Time to File #66 by Judge Philip S. Gutierrez: Based on the concurrently filed stipulation of the parties THE COURT HEREBY ORDERS AND DECREES that the time within which Counter Defendant Desert Jet Holdings, LLC may answer or otherwise respond to the counterclaim of Counter Plaintiff Denise Wilson is extended to and includes May 8, 2020. (bm)
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| Filing 69 PROOF OF SERVICE filed by Defendant and Counter Plaintiff Denise Wilson, re Sealed Declaration in SupportDeclaration,, #65 Under Seal Reply Brief, Under Seal Declarations and Under Seal Exhibits Filed iso Denise Wilson's Reply iso Motion to Appoint Receiver served on 05/08/2020. (Yur, Carol) |
| Filing 68 ANSWER to Counterclaim #31 with JURY DEMAND filed by Counter Defendant Desert Jet Holdings, LLC.(Greene, Natalia) |
| Filing 67 NOTICE of Interested Parties filed by Counter Defendant Desert Jet Holdings, LLC, identifying James D. McCool; Denise Wilson; Allen Markins Leck Gamble Mallory & Natsis; Clark Libenson; The Practice Certified Public Accounts, Inc.; Adam Ochoa; Desert Jet Holdings, LLC. (Greene, Natalia) |
| Filing 66 STIPULATION for Extension of Time to File Response to Counterclaim filed by Counter Defendant Desert Jet Holdings, LLC. (Attachments: #1 Proposed Order Extending Time for Counter Defendant Desert Jet Holdings, LLC to Respond to Counterclaim)(Attorney Natalia M Greene added to party Desert Jet Holdings, LLC(pty:cd))(Greene, Natalia) |
| Filing 65 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document under seal #64 filed by Defendant Denise Wilson. (Attachments: #1 Unredacted Document Reply to Motion for Receiver Order, #2 Unredacted Document Declaration of Denise Wilson, #3 Unredacted Document Exhibit E to Declaration of Denise Wilson, #4 Unredacted Document Exhibit F to Declaration of Denise Wilson, #5 Unredacted Document Exhibit G to Declaration of Denise Wilson, #6 Unredacted Document Exhibit H to Declaration of Denise Wilson, #7 Unredacted Document Declaration of Lee Searing)(Pujji, Ramnik) |
| Filing 64 APPLICATION to file document under seal filed by Defendant Denise Wilson. (Attachments: #1 Proposed Order, #2 Redacted Document Reply to Motion to Receiver Order, #3 Declaration of Nick Pujji, #4 Redacted Document Declaration of Denise Wilson, #5 Redacted Document Declaration of Lee Searing)(Pujji, Ramnik) |
| Filing 63 REPLY Reply EX PARTE APPLICATION to Appoint Receiver for Appoint a Receiver for Desert Jet Holdings, LLC for Defendant Denise Wilson #41 filed by Defendant Denise Wilson. (Attachments: #1 Declaration of Nick Pujji, #2 Exhibit A to Declaration of Nick Pujji, #3 Exhibit B to Declaration of Nick Pujji, #4 Declaration of Denise Wilson, #5 Exhibit A to Declaration of Denise Wilson, #6 Exhibit B to Declaration of Denise Wilson, #7 Exhibit C to Declaration of Denise Wilson, #8 Exhibit D to Declaration of Denise Wilson, #9 Exhibit E to Declaration of Denise Wilson, #10 Exhibit F to Declaration of Denise Wilson, #11 Exhibit G to Declaration of Denise Wilson, #12 Exhibit H to Declaration of Denise Wilson, #13 Declaration of Lee Searing, #14 Declaration of James Logue, #15 Declaration of Jason Middleton, #16 Declaration of Adam Ochoa, #17 Declaration of Jason Reid)(Pujji, Ramnik) |
| Filing 62 ANSWER to Counterclaim #31 with JURY DEMAND filed by Plaintiff and Counter-Defendant James D. McCool.(Racek, Edward) |
| Filing 61 SEALED DOCUMENT EXHIBIT 1 TO DECLARATION OF THOMAS BENENSON re Sealed Document, #60 , Sealed Declaration in SupportDeclaration,,,, #53 , Order on Motion for Leave to File Document Under Seal #58 filed by Plaintiff James D. McCool. (Attachments: #1 Exhibit Exh 1 to Declaration of Benenson)(Racek, Edward) |
| Filing 60 SEALED DOCUMENT DECLARATION OF JARED FOX AND EXHIBIT 1 re Sealed Document,, #59 , Sealed Declaration in SupportDeclaration,,,, #53 , Order on Motion for Leave to File Document Under Seal #58 filed by Plaintiff James D. McCool. (Attachments: #1 Declaration of Jared Fox, #2 Exhibit 1 to Declaration of Jared Fox)(Racek, Edward) |
| Filing 59 SEALED DOCUMENT DECLARATION OF JAMES D. MCCOOL AND EXHIBITS 3, 6, 10-14 re Order on Motion for Leave to File Document Under Seal #58 , Sealed Declaration in SupportDeclaration,,,, #53 filed by Plaintiff James D. McCool. (Attachments: #1 Declaration of James McCool, #2 Exhibit 3 in support of James McCool, #3 Exhibit 6 in support of James McCool, #4 Exhibit 10 in support of James McCool, #5 Exhibit 11 in support of James McCool, #6 Exhibit 12 in support of James McCool, #7 Exhibit 13 in support of James McCool, #8 Exhibit 14 in support of James McCool)(Racek, Edward) |
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Filing 58
ORDER GRANTING PLAINTIFF AND COUNTER DEFENDANT JAMES D. MCCOOL'S UNOPPOSED APPLICATION FOR LEAVE TO FILE UNDER SEAL by Judge Philip S. Gutierrez granting #52 APPLICATION to Seal Document (bm)
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| Filing 57 SEALED DOCUMENT EXHIBIT D TO THE DECLARATION OF DENISE WILSON re EX PARTE APPLICATION to Appoint Receiver for Appoint a Receiver for Desert Jet Holdings, LLC for Defendant Denise Wilson #41 , Order on Motion for Leave to File Document Under Seal #51 filed by Defendant Denise Wilson.(Pujji, Ramnik) |
| Filing 56 SEALED DOCUMENT EXHIBIT A TO THE DECLARATION OF NICK S. PUJJI re EX PARTE APPLICATION to Appoint Receiver for Appoint a Receiver for Desert Jet Holdings, LLC for Defendant Denise Wilson #41 , Order on Motion for Leave to File Document Under Seal #51 filed by Defendant Denise Wilson.(Pujji, Ramnik) |
| Filing 55 PROOF OF SERVICE filed by Plaintiff and Counter-Defendant James D. McCool, re Response,,,,, #54 , APPLICATION to file document unredacted declaration of James McCool, unredacted declaration of Jared Fox, Exhibit 1 to declaration of Jared Fox, Exhibit 1 to declaration of Thomas Benenson, Exhibits 1, 3, 6, 10,11, 12, 13, 14 to declaration of Jame #52 , Sealed Declaration in SupportDeclaration,,,, #53 served on May 4, 2020. (Racek, Edward) |
| Filing 54 RESPONSE filed by Plaintiff James D. McCoolto Order on Motion to Appoint Receiver,,, #50 (Attachments: #1 Redacted Document Declaration of James McCool, #2 Exhibit 1 to Declaration of James McCool, #3 Exhibit 2 to Declaration of James McCool, #4 Redacted Document Exhibit 3 to Declaration of James McCool, #5 Exhibit 4 to Declaration of James McCool, #6 Exhibit 5 to Declaration of James McCool, #7 Redacted Document Exhibit 6 to Declaration of James McCool, #8 Exhibit 7 to Declaration of James McCool, #9 Exhibit 8 to Declaration of James McCool, #10 Exhibit 9 to Declaration of James McCool, #11 Redacted Document 10 to Declaration of James McCool, #12 Redacted Document 11 to Declaration of James McCool, #13 Redacted Document 12 to Declaration of James McCool, #14 Redacted Document 13 to Declaration of James McCool, #15 Redacted Document 14 to Declaration of James McCool, #16 Exhibit 15 to Declaration of James McCool, #17 Redacted Document Declaration of Jared Fox, #18 Redacted Document Exhibit 1 to Declaration of Jared Fox, #19 Exhibit 2 to Declaration of Jared Fox, #20 Declaration of Thomas Benenson, #21 Redacted Document 1 to Declaration of Thomas Benenson)(Racek, Edward) |
| Filing 53 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document unredacted declaration of James McCool, unredacted declaration of Jared Fox, Exhibit 1 to declaration of Jared Fox, Exhibit 1 to declaration of Thomas Benenson, Exhibits 1, 3, 6, 10,11, 12, 13, 14 to declaration of Jame #52 filed by Plaintiff James D. McCool. (Attachments: #1 Exhibit 1 to Declaration of Edward Racek, #2 Unredacted Document Declaration of James McCool, #3 Unredacted Document Exhibit 3 to Declaration of James McCool, #4 Unredacted Document Exhibit 6 to Declaration of James McCool, #5 Unredacted Document Exhibit 10 to Declaration of James McCool, #6 Unredacted Document Exhibit 11 to Declaration of James McCool, #7 Unredacted Document Exhibit 12 to Declaration of James McCool, #8 Unredacted Document Exhibit 13 to Declaration of James McCool, #9 Unredacted Document Exhibit 14 to Declaration of James McCool, #10 Unredacted Document Declaration Jared Fox, #11 Unredacted Document Exhibit 1 to Declaration of Jared Fox, #12 Unredacted Document Exhibit 1 to Declaration of Thomas Benenson)(Racek, Edward) |
| Filing 52 APPLICATION to file document unredacted declaration of James McCool, unredacted declaration of Jared Fox, Exhibit 1 to declaration of Jared Fox, Exhibit 1 to declaration of Thomas Benenson, Exhibits 1, 3, 6, 10,11, 12, 13, 14 to declaration of James McCool under seal filed by Plaintiff James D. McCool. (Attachments: #1 Proposed Order granting application, #2 Redacted Document Declaration of James McCool, #3 Redacted Document Declaration of Jared Fox)(Racek, Edward) |
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Filing 51
ORDER GRANTING DEFENDANT AND COUNTER PLAINTIFF DENISE WILSON'S UNOPPOSED APPLICATION FOR LEAVE TO FILE UNDER SEAL by Judge Philip S. Gutierrez granting #42 APPLICATION to Seal Document (bm)
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Filing 50
MINUTES (In Chambers): Order DENYING IN PART the ex parte application and ORDERING Plaintiff to show cause why a temporary receiver should not be appointed by Judge Philip S. Gutierrez denying in part #41 EX PARTE APPLICATION to Appoint Receiver: For these reasons, the Court declines to grant Defendant's ex parte application for an order appointing a temporary receiver at this time. However, the Court's review of the moving and opposing papers and supporting declarations leads the Court to conclude that further, expedited briefing on this issue is warranted. Accordingly, Plaintiff is ORDERED to show cause in writing why a temporary receiver should not be appointed, to be filed no later than May 4, 2020. Defendant shall submit a reply no later than May 7, 2020, including any applicable evidence. A hearing on the issue is set for May 13, 2020, at 10:00 a.m., via video conference. (see document for further details) (bm)
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| Filing 49 PROOF OF SERVICE filed by Defendant and Counter Plaintiff Denise Wilson, re Errata, #48 VIA FACSIMILE served on April 28, 2020. (Pujji, Ramnik) |
| Filing 48 NOTICE OF ERRATA filed by Defendant Denise Wilson. correcting EX PARTE APPLICATION to Appoint Receiver for Appoint a Receiver for Desert Jet Holdings, LLC for Defendant Denise Wilson #41 Declaration of Denise Wilson (Pujji, Ramnik) |
| Filing 47 NOTICE OF ERRATA filed by Plaintiff James D. McCool. correcting Objection/Opposition (Motion related), #45 (Attachments: #1 Exhibit A)(Racek, Edward) |
| Filing 46 Evidentiary Objections in support of opposition re: EX PARTE APPLICATION to Appoint Receiver for Appoint a Receiver for Desert Jet Holdings, LLC for Defendant Denise Wilson #41 , APPLICATION to file document under seal #42 filed by Plaintiff James D. McCool. (Racek, Edward) |
| Filing 45 OPPOSITION in opposition re: EX PARTE APPLICATION to Appoint Receiver for Appoint a Receiver for Desert Jet Holdings, LLC for Defendant Denise Wilson #41 , APPLICATION to file document under seal #42 filed by Plaintiff James D. McCool. (Attachments: #1 Declaration of Edward W. Racek, #2 Declaration of James McCool, #3 Declaration of Jared Fox, #4 Exhibit A in support of Edward Racek Declaration)(Racek, Edward) |
| Filing 44 PROOF OF SERVICE filed by Defendant and Counter Plaintiff Denise Wilson, re Sealed Declaration in SupportDeclaration, #43 , EX PARTE APPLICATION to Appoint Receiver for Appoint a Receiver for Desert Jet Holdings, LLC for Defendant Denise Wilson #41 , APPLICATION to file document under seal #42 served on April 27, 2020. (Pujji, Ramnik) |
| Filing 43 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document under seal #42 filed by Defendant Denise Wilson. (Attachments: #1 Unredacted Document Exhibit D to Wilson Declaration, #2 Unredacted Document Exhibit A to Pujji Declaration)(Pujji, Ramnik) |
| Filing 42 APPLICATION to file document under seal filed by Defendant Denise Wilson. (Attachments: #1 Proposed Order, #2 Redacted Document Wilson Decl Ex. D, #3 Redacted Document Pujji Decl Ex. A)(Pujji, Ramnik) |
| Filing 41 EX PARTE APPLICATION to Appoint Receiver for Appoint a Receiver for Desert Jet Holdings, LLC for Defendant Denise Wilson filed by DEFENDANT AND COUNTER PLAINTIFF Denise Wilson. (Attachments: #1 Declaration of Nick S. Pujji, #2 Exhibit A to Declaration of Nick S. Pujji, #3 Declaration of Robert P. Mosier, #4 Declaration of Denise Wilson, #5 Exhibit A to Wilson Decl, #6 Exhibit B to Wilson Decl, #7 Exhibit C to Wilson Decl, #8 Exhibit D to Wilson Decl, #9 [Proposed] Notice of Motion and Motion for Order Appointing Receiver; Memorandum of Points and Authorities, #10 Proposed Order Appointing Temporary Receiver and Order to Show Cause, etc.) (Pujji, Ramnik) |
| Filing 40 Notice of Withdrawal of Motion to Change Venue,, #28 filed by Defendants Adam Ochoa, The Practice Certified Public Accountants, Inc.. (Spero, Eliana) |
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Filing 39
ORDER EXTENDING TIME FOR COUNTER DEFENDANT JAMES D. MCCOOL TO RESPOND TO COUNTERCLAIM #38 by Judge Philip S. Gutierrez: Based on the foregoing stipulation of the parties THE COURT HEREBY ORDERS AND DECREES that the time within which Counter Defendant James D. McCool may answer or otherwise respond to the counterclaim of Counter Plaintiff Denise Wilson is extended to and includes May 7, 2020. (bm)
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| Filing 38 STIPULATION for Extension of Time to File RESPONSE TO COUNTERCLAIM BY 30 DAYS filed by Plaintiff and Counter-Defendant James D. McCool. (Attachments: #1 Proposed Order)(Attorney Edward W Racek added to party James D. McCool(pty:cd))(Racek, Edward) |
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Filing 37
ORDER FOR CONTINUANCE OF HEARING by Judge Philip S. Gutierrez, re Stipulation to Continue #36 : Based on the foregoing stipulation of the Parties THE COURT HEREBY ORDERS AND DECREES that the Hearing scheduled for April 20, 2020, is rescheduled to June 8, 2020. (bm)
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| Filing 36 STIPULATION to Continue Hearing from April 20, 2020 to June 8, 2020 filed by Plaintiff James D. McCool. (Attachments: #1 Declaration Savannah M. Fox, #2 Proposed Order)(Racek, Edward) |
| Filing 35 PROOF OF SERVICE Executed by Counter Plaintiff Denise Wilson, upon Counter Defendant Desert Jet Holdings, LLC served on 3/23/2020, answer due 4/13/2020. Service of the Summons and Complaint were executed upon Desert Jet Holdings, LLC in compliance with statute not specified by personal service.Original Summons NOT returned. Proof of Service of Defendant and Counter Plaintiff Denise Wilson's Summons and Counterclaims (Pujji, Ramnik) |
| Filing 34 21 DAY Summons Issued re Counterclaim #31 as to Counterdefendant Desert Jet Holdings, LLC. (bm) |
| Filing 33 Request for Clerk to Issue Summons on Counterclaim #31 filed by Counter Plaintiff Denise Wilson. (Pujji, Ramnik) |
| Filing 32 NOTICE of Interested Parties filed by Defendant Denise Wilson, identifying Desert Jet Holdings, LLC; Desert Jet, LLC; Desert Jet Maintenance LLC; Desert Jet Charter LLC; Desert Jet TRM LLC; Desert Jet Center; Alan Robert Wilson; James McCool. (Pujji, Ramnik) |
| Filing 31 COUNTERCLAIM against Counter Defendanta James D. McCool, Desert Jet Holdings, LLC; Yes, filed by Counter Plaintiff Denise Wilson. (Attorney Ramnik Singh Pujji added to party Denise Wilson(pty:cc))(Pujji, Ramnik) |
| Filing 30 NOTICE OF MOTION AND MOTION for Joinder in NOTICE OF MOTION AND MOTION to Dismiss The complaint pursuant to federal rules of civil procedure 12(B)(6) and 9(B) #26 , NOTICE OF MOTION AND MOTION to Dismiss Complaint for Failure to State a Claim Upon Which Relief Can Be Granted #23 Defendant Denise Wilson's Notice of Joinder to Defendants' Motions to Dismiss Plaintiff's Complaint [Docket 23 and 26] filed by Defendant Denise Wilson. Motion set for hearing on 3/20/2020 at 01:30 PM before Judge Philip S. Gutierrez. (Attorney Ramnik Singh Pujji added to party Denise Wilson(pty:dft)) (Pujji, Ramnik) |
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Filing 29
MINUTE ORDER (In Chambers): Order Setting Hearing Date by Judge Philip S. Gutierrez: On February 21, 2020, Defendants Allen Matkins Leck Gamble Mallory and Natsis, LLP and Clark Libenson in the above-captioned case filed a motion to dismiss set for hearing April 20, 2020. See Dkt. no. 23. On March 6, 2020, Defendants Adam Ochoa and The Practice Certified Public Accountants, Inc. filed a motion to dismiss set for hearing May 11, 2020. See Dkt. no. 26. On March 13, 2020, Defendants Adam Ochoa and The Practice Certified Public Accountants, Inc. filed a motion to transfer venue set for hearing on May 18, 2020. See Dkt. no. 28. The Court hereby sets the hearing date on all three of the above motions, Dkts. no. 23, 26, 28, for April 20, 2020. (bm)
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| Filing 28 WITHDRAWN ON 4/27/20. NOTICE OF MOTION AND MOTION to Change Venue to Eastern Division of the United States Central District Court for the Central District filed by Defendants Adam Ochoa, The Practice Certified Public Accountants, Inc.. Motion set for hearing on 5/18/2020 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Declaration DECLARATION OF ELIANA A. SPERO IN SUPPORT OF MOTION TO TRANSFER VENUE PURSUANT TO 28 U.S.C.A. SECTION 1404, #2 Exhibit Exhibit to Motion to Transfer Venue, #3 Proposed Order [PROPOSED] ORDER GRANTING DEFENDANTS ADAM OCHOA AND THE PRACTICE CERTIFIED PUBLIC ACCOUNTANTS, INC.S MOTION TO TRANSFER VENUE PURSUANT TO 28 U.S.C.A. SECTION 1404) (Spero, Eliana) Modified on 4/28/2020 (bm). |
| Filing 27 NOTICE of Interested Parties filed by defendants Adam Ochoa, The Practice Certified Public Accountants, Inc., (Spero, Eliana) |
| Filing 26 NOTICE OF MOTION AND MOTION to Dismiss The complaint pursuant to federal rules of civil procedure 12(B)(6) and 9(B) filed by Defendants Adam Ochoa, The Practice Certified Public Accountants, Inc.. Motion set for hearing on 5/11/2020 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Exhibit, #2 Proposed Order) (Spero, Eliana) |
| Filing 25 First STIPULATION Extending Time to Answer the complaint as to The Practice Certified Public Accountants, Inc. answer now due 3/6/2020; Adam Ochoa answer now due 3/6/2020, re Complaint (Attorney Civil Case Opening) #1 filed by Defendants The Practice Certified Public Accountants, Inc.; Adam Ochoa.(Attorney Eliana Spero added to party Adam Ochoa(pty:dft), Attorney Eliana Spero added to party The Practice Certified Public Accountants, Inc.(pty:dft))(Spero, Eliana) |
| Filing 24 NOTICE OF LODGING filed Proposed Order re NOTICE OF MOTION AND MOTION to Dismiss Complaint for Failure to State a Claim Upon Which Relief Can Be Granted #23 (Attachments: #1 Proposed Order Granting Motion of Defendants Allen Matkins Leck Gamble Mallory & Natsis, LLP and Clark Libenson to Dismiss Complaint for Failure to State Claim Upon Which Relief Can Be Granted)(Meyers, William) |
| Filing 23 NOTICE OF MOTION AND MOTION to Dismiss Complaint for Failure to State a Claim Upon Which Relief Can Be Granted filed by Defendants Allen Matkins Leck Gamble Mallory and Natsis, LLP, Clark Libenson. Motion set for hearing on 4/20/2020 at 01:30 PM before Judge Philip S. Gutierrez. (Meyers, William) |
| Filing 22 WAIVER OF SERVICE Returned Executed filed by Plaintiff James D. McCool. upon Denise Wilson waiver sent by Plaintiff on 2/18/2020, answer due 4/20/2020. Waiver of Service signed by Ramnik (Nick) S. Pujji. (Racek, Edward) |
| Filing 21 STIPULATION Extending Time to Answer the complaint as to Clark Libenson answer now due 2/21/2020; Allen Matkins Leck Gamble Mallory and Natsis, LLP answer now due 2/21/2020, re Complaint (Attorney Civil Case Opening) #1 filed by Defendants Clark Libenson; Allen Matkins Leck Gamble Mallory and Natsis, LLP.(Attorney William Alexander Meyers added to party Allen Matkins Leck Gamble Mallory and Natsis, LLP (pty:dft), Attorney William Alexander Meyers added to party Clark Libenson(pty:dft))(Meyers, William) |
| Filing 20 PROOF OF SERVICE Executed by Plaintiff James D. McCool, upon Defendant Clark Libenson served on 1/28/2020, answer due 2/18/2020. Service of the Summons and Complaint were executed upon Partner in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Racek, Edward) |
| Filing 19 PROOF OF SERVICE Executed by Defendant James D. McCool, upon Plaintiff The Practice Certified Public Accountants, Inc. served on 1/23/2020, answer due 2/13/2020. Service of the Summons and Complaint were executed upon Adam Ochoa, CPA, CFE, PARTNER in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Racek, Edward) |
| Filing 18 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Defendant James D. McCool, upon Plaintiff Adam Ochoa served on 1/23/2020, answer due 2/13/2020. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Racek, Edward) |
| Filing 17 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Defendant James D. McCool, upon Plaintiff Allen Matkins Leck Gamble Mallory and Natsis, LLP served on 1/22/2020, answer due 2/12/2020. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Racek, Edward) |
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Filing 16
ORDER by Judge Philip S. Gutierrez: granting #11 Non-Resident Attorney John Q Lewis APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff James D McCool, designating Edward W Racek as local counsel. (bm)
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Filing 15
ORDER by Judge Philip S. Gutierrez: granting #12 Non-Resident Attorney Savannah M Fox APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff James D McCool, designating Edward W Racek as local counsel. (bm)
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Filing 14
STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge Philip S. Gutierrez. (ji)
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Filing 13
ORDER RETURNING CASE FOR REASSIGNMENT by Judge Christina A. Snyder. ORDER case returned to the Clerk for random reassignment pursuant to General Order 19-03. Case randomly reassigned from Judge Christina A. Snyder to Judge Philip S. Gutierrez for all further proceedings. The case number will now reflect the initials of the transferee Judge 5:19-cv-01499 PSG(KKx). (rn)
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| Filing 12 APPLICATION of Non-Resident Attorney Savannah M. Fox to Appear Pro Hac Vice on behalf of Plaintiff James D. McCool (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-25072694) filed by Plaintiff James D. McCool. (Attachments: #1 Proposed Order) (Racek, Edward) |
| Filing 11 APPLICATION of Non-Resident Attorney John Q. Lewis to Appear Pro Hac Vice on behalf of Plaintiff James D. McCool (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-25072619) filed by Plaintiff James D. McCool. (Attachments: #1 Proposed Order) (Racek, Edward) |
| Filing 10 Notice of Appearance or Withdrawal of Counsel: for attorney Matthew I Kaplan counsel for Plaintiff James D. McCool. Matthew I. Kaplan is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff James D. McCool. (Kaplan, Matthew) |
| Filing 9 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Savannah M Fox. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car) |
| Filing 8 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney John Q Lewis. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car) |
| Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Allen Matkins Leck Gamble Mallory and Natsis, LLP, Clark Libenson, Adam Ochoa, The Practice Certified Public Accountants, Inc., Denise Wilson. (car) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Christina A. Snyder and Magistrate Judge Kenly Kiya Kato. (car) |
| Filing 4 NOTICE of Interested Parties filed by Plaintiff James D. McCool, (Racek, Edward) |
| Filing 3 CIVIL COVER SHEET filed by Plaintiff James D. McCool. (Racek, Edward) |
| Filing 2 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff James D. McCool. (Racek, Edward) |
| Filing 1 COMPLAINT Receipt No: 0973-25036294 - Fee: $400, filed by Plaintiff James D. McCool. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Attorney Edward W Racek added to party James D. McCool(pty:pla))(Racek, Edward) |
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