Galen Gabel et al v. JPMorgan Chase Bank, N.A. et al
| Galen Gabel and Sheryl Gabel |
| JPMorgan Chase Bank, N.A., Coinbase Global, Inc. and Coinbase, Inc. |
| 5:2021cv01866 |
| November 3, 2021 |
| US District Court for the Central District of California |
| John W Holcomb |
| Kenly Kiya Kato |
| P.I.: Other |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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| Filing 63 NOTICE of Voluntary Dismissal filed by Plaintiffs Galen Gabel, Sheryl Gabel. Dismissal is without prejudice. (Barthel, Nicholas) |
Filing 62
(IN CHAMBERS) ORDER by Judge John W. Holcomb: The Court finds that the Defendant Coinbase's Motion to Dismiss [ECF No. 34] is appropriate for resolution without a hearing. See Fed. R. Civ. P. 78; L.R. 7-15. Accordingly, the Court VACATES the hearing set on August 5, 2022. The motion stands submitted on the papers timely filed. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY
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Filing 61
(IN CHAMBERS) ORDER by Judge John W. Holcomb: The Court finds that the Defendant JP Morgan Chase Bank, N.A.'s Motion to Dismiss First Amended Complaint [ECF No. 27] is appropriate for resolution without a hearing. See Fed. R. Civ. P. 78; L.R. 7-15. Accordingly, the Court VACATES the hearing set on August 5, 2022. The motion stands submitted on the papers timely filed. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY
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| Filing 60 STATUS REPORT Joint Status Report filed by Defendant Coinbase, Inc.. (Hann, Gabrielle) |
| Filing 59 Notice of Withdrawal of Motion to Compel Arbitration, #34 filed by Defendant Coinbase, Inc.. (Hann, Gabrielle) |
| Filing 58 MINUTES OF VIDEO SETTLEMENT CONFERENCE held before Magistrate Judge Kenly Kiya Kato. Following consultation and after discussions with the Court, the parties were unable to agree upon a settlement. (see document for further details) (hr) |
| Filing 57 RESPONSE filed by Defendant Coinbase, Inc.to Order to Show Cause, #56 (Attachments: #1 Declaration In Support of Response)(Hann, Gabrielle) |
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Filing 56
ORDER for defendant Coinbase, Inc. and Its Counsel to Show Cause Why Sanctions Should Not be Entered for Failure to File Confidential Settlement Conference Statement by Magistrate Judge Kenly Kiya Kato. Defendant Coinbase, Inc. and its counsel shall respond in writing to this Order to Show Cause no later than noon on Tuesday, July 5, 2022. (see document for further details) (hr)
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Filing 55
ORDER by Magistrate Judge Kenly Kiya Kato. In anticipation of the settlement conference on July 7, 2022, the parties shall exchange settlement offers. Plaintiffs shall make a written settlement demand to Defendants no later than 4:00 p.m. on Friday, July 1, 2022. Defendants shall respond in writing to Plaintiffs' settlement demand with a counter-offer no later than 4:00 p.m. on Tuesday, July 5, 2022. The parties shall provide copies of the written settlement demand(s) and counter-offer(s) via email to Judge Kato's chambers at kk_chambers@cacd.uscourts.gov. (hr)
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| Filing 54 NOTICE OF FILING TRANSCRIPT filed for proceedings 05-20-22, 9:01 am re Transcript #53 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Algorri, Miranda) TEXT ONLY ENTRY |
| Filing 53 TRANSCRIPT for proceedings held on 05-20-22, 9:01 am. Court Reporter/Electronic Court Recorder: Miranda Algorri, phone number/email mirandaalgorri@gmail.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 7/11/2022. Redacted Transcript Deadline set for 7/21/2022. Release of Transcript Restriction set for 9/19/2022. (Algorri, Miranda) |
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Filing 52
ORDER RE SETTLEMENT CONFERENCE by Magistrate Judge Kenly Kiya Kato. This case has been referred to Magistrate Judge Kenly Kiya Kato for settlement proceedings. The Video Settlement Conference is placed on calendar for July 7, 2022 at 9:30 a.m. (see document for further details) (hr)
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Filing 51
MINUTE ORDER REFERRING PARTIES TO MAGISTRATE JUDGE KENLY KIYA KATO FOR SETTLEMENT CONFERENCE (IN CHAMBERS) by Judge John W. Holcomb: The Court DIRECTS the parties to report Magistrate Judge Kenky Kiya Kato to scheduled a settlement conference in matter. The parties shall participate in a settlement conference with Magistrate Judge Kato by July 15, 2022. (See document for further details) (yl)
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| Filing 50 MINUTES OF VIDEO HEARING RE: DEFENDANT JPMORGAN CHASE BANK, N.A.'S MOTION TO DISMISS FIRST AMENDED COMPLAINT (ECF No. #27 ) & DEFENDANT COINBASE, INC.S MOTION TO COMPEL ARBITRATION AND TO STAY, OR IN THE ALTERNATIVE, TO DISMISS FIRST AMENDED COMPLAINT (ECF No. #34 ) Hearing held before Judge John W. Holcomb. For the reasons stated on the record, the Court hereby ORDERS as follows: 1. The hearing on the pending motions [ECF No. 27 & 34] is CONTINUED to August 5, 2022, at 9:00 a.m. 2. The parties are DIRECTED to file a Joint Status Report, no later than July 22, 2022, that informs the Court how the parties would like to proceed with the motion to compel arbitration. 3. The parties are DIRECTED to participate in a settlement conference with a magistrate judge. A separate order shall be issued. Court Reporter: Miranda Algorri. (lom) Modified on 5/23/2022 (lom). |
| Filing 49 TEXT ONLY ENTRY: NOTICE TO PARTIES by District John W. Holcomb. Effective Monday, May 23, 2022, Judge John W. Holcomb will be located in the Ronald Reagan Federal Building and U.S. Courthouse, Courtroom 9D, on the 9th Floor, located at 411 W. 4th Street, Santa Ana, California 92701-4516. All Court appearances shall be made in Courtroom 9D of the Ronald Reagan Federal Building and U.S. Courthouse unless otherwise ordered by the Court. All required mandatory chambers copies shall be delivered and placed in the drop box located on the 9th Floor of the Ronald Reagan Federal Building and U.S. Courthouse. Judge Holcomb's Courtroom Deputy Clerk, may be reached at JWH_Chambers@cacd.uscourts.gov. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cbr) TEXT ONLY ENTRY |
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Filing 48
SCHEDULING NOTICE AND ORDER by Judge John W. Holcomb: The hearing on the Motion to Dismiss [ECF No. #27 ] and Motion to Compel Arbitration and to Stay, or in the Alternative, to Dismiss First Amended Complaint [ECF No. #34 ], is ordered CONTINUED from May 6, 2022, to May 20, 2022, at 9:00 a.m., via video conference. To obtain the video conference link for the scheduled hearing, the parties are directed to Judge Holcomb's Procedures and Schedules page on the Court's website: http://www.cacd.uscourts.gov/honorable-john-w-holcomb. Please follow the instructions listed under "Zoom Webinar Hearings." IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY
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| Filing 47 NOTICE OF CLERICAL ERROR: Due to clerical error Re: Text Only Scheduling Notice, 46 (In Chambers) Order was issued in error. Please disregard. (iva) |
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Filing 46
(IN CHAMBERS) ORDER by Judge John W. Holcomb: The Court finds that the Motion to Dismiss [ECF No. 27] and Motion to Compel Arbitration and to Stay, or in the Alternative, to Dismiss First Amended Complaint [ECF No. 34] are appropriate for resolution without a hearing. See Fed. R. Civ. P. 78; L.R. 7-15. Accordingly, the Court vacates the hearing set on May 6, 2022. The motions stand submitted on the papers timely filed. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY
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Filing 45
SCHEDULING NOTICE AND ORDER by Judge John W. Holcomb: On its own motion, the Court hereby ADVANCES the time of the hearing on the Motion to Dismiss [ECF No. #27 ] and Motion to Compel Arbitration and to Stay, or in the Alternative, to Dismiss First Amended Complaint [ECF No. #34 ] to May 6, 2022, at 9:00 a.m., via video conference. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (npo) TEXT ONLY ENTRY
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Filing 44
SCHEDULING NOTICE AND ORDER by Judge John W. Holcomb: On its own motion, the Court hereby RESETS the Motion to Dismiss [ECF No. #27 ] and Motion to Compel Arbitration and to Stay, or in the Alternative, to Dismiss First Amended Complaint [ECF No. #34 ] on calendar for May 6, 2022, at 1:00 p.m., via video conference. To obtain the video conference link for the scheduled hearing, the parties are directed to Judge Holcomb's Procedures and Schedules page on the Court's website: http://www.cacd.uscourts.gov/honorable-john-w-holcomb. Please follow the instructions listed under "Zoom Webinar Hearings." IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY
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Filing 43
(IN CHAMBERS) ORDER by Judge John W. Holcomb: The Court finds that the Motion to Dismiss [ECF No. 27] and Motion to Compel Arbitration and to Stay, or in the Alternative, to Dismiss First Amended Complaint [ECF No. 34] are appropriate for resolution without a hearing. See Fed. R. Civ. P. 78; L.R. 7-15. Accordingly, the Court vacates the hearing set on April 15, 2022. The motions stand submitted on the papers timely filed. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY
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| Filing 42 OBJECTIONS to Reply (Motion related) #40 from Coinbase, Inc. filed by Plaintiffs Galen Gabel, Sheryl Gabel. (Barthel, Nicholas) |
| Filing 41 REPLY In Support Of NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint #27 filed by Defendant JPMorgan Chase Bank, N.A.. (Fredrich, Christopher) |
| Filing 40 REPLY In Support Of NOTICE OF MOTION AND MOTION to Compel Arbitration #34 Or In The Alternative, To Dismiss First Amended Complaint filed by Defendant Coinbase, Inc.. (Walton, Gilbert) |
| Filing 39 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint #27 filed by Plaintiffs Galen Gabel, Sheryl Gabel. (Barthel, Nicholas) |
| Filing 38 OPPOSITION to NOTICE OF MOTION AND MOTION to Compel Arbitration #34 filed by Plaintiffs Galen Gabel, Sheryl Gabel. (Attachments: #1 Declaration of Sheryl Gabel, #2 Declaration of Greg Gabel)(Barthel, Nicholas) |
| Filing 37 Notice of Appearance or Withdrawal of Counsel: for attorney Derrick F Coleman counsel for Defendant Coinbase Global, Inc.. Derrick F. Coleman, David J, Farkas will no longer receive service of documents from the Clerks Office for the reason indicated in the G-123 Notice. Filed by Defendant Coinbase Global, Inc.. (Coleman, Derrick) |
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Filing 36
ORDER GRANTING COINBASE, INC.S APPLICATION FOR LEAVE TO FILE THE TWO EXHIBITS TO THE DECLARATION OF SUELLEN BLACK UNDER SEAL PER LOCAL RULE 79-5 #32 by Judge John W. Holcomb: The Court hereby GRANTS the Application. It is therefore ordered that Coinbase may file the following documents under seal: (1) Exhibit A to the Declaration of Suellen Black; and (2) Exhibit B to the Declaration of Suellen Black. IT IS SO ORDERED. (See document for further details) (yl)
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| Filing 35 REQUEST TO WITHDRAW ATTORNEY Derrick F. Coleman as counsel of record filed by Defendant Coinbase Global, Inc.. Request set for hearing on 4/15/2022 at 09:00 AM before Judge John W. Holcomb. (Attachments: #1 Proposed Order PROPOSED) ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAW AL OF ATTORNEY) (Coleman, Derrick) |
| Filing 34 NOTICE OF MOTION AND MOTION to Compel Arbitration filed by Defendant Coinbase, Inc.. Motion set for hearing on 4/15/2022 at 09:00 AM before Judge John W. Holcomb. (Attachments: #1 Declaration of C. McPherson In Support of Motion, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Declaration of S. Black In Support of Motion, #6 Exhibit A (Redacted), #7 Exhibit B (Redacted), #8 Proposed Order for Motion) (Hann, Gabrielle) |
| Filing 33 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibits A and B to Black Declaration under seal #32 filed by Defendant Coinbase, Inc.. (Attachments: #1 Unredacted Document, #2 Unredacted Document)(Hann, Gabrielle) |
| Filing 32 APPLICATION to file document Exhibits A and B to Black Declaration under seal filed by Defendant Coinbase, Inc.. (Attachments: #1 Proposed Order on Application for Leave to File Under Seal, #2 Exhibit A, #3 Exhibit B)(Hann, Gabrielle) |
| Filing 31 CORPORATE DISCLOSURE STATEMENT and Certification of Interested Parties filed by Defendant Coinbase, Inc. identifying Coinbase Global, Inc. as Corporate Parent. (Hann, Gabrielle) |
| Filing 30 NOTICE of Appearance filed by attorney Nathan L Walker on behalf of Defendant Coinbase, Inc. (Attorney Nathan L Walker added to party Coinbase, Inc.(pty:dft))(Walker, Nathan) |
| Filing 29 NOTICE of Appearance filed by attorney Gilbert Walton on behalf of Defendant Coinbase, Inc. (Attorney Gilbert Walton added to party Coinbase, Inc.(pty:dft))(Walton, Gilbert) |
| Filing 28 NOTICE of Appearance filed by attorney Gabrielle Daneeka Hann on behalf of Defendant Coinbase, Inc. (Attorney Gabrielle Daneeka Hann added to party Coinbase, Inc.(pty:dft))(Hann, Gabrielle) |
| Filing 27 NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint filed by Defendant JPMorgan Chase Bank, N.A.. Motion set for hearing on 4/15/2022 at 09:00 AM before Judge John W. Holcomb. (Attachments: #1 Proposed Order) (Fredrich, Christopher) |
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Filing 26
ORDER APPROVING STIPULATION TO EXTEND TIME TO RESPOND TO FIRST AMENDED COMPLAINT AND BRIEFING SCHEDULE #25 by Judge John W. Holcomb. The Court ORDERS as follows: 1. The deadline for defendants JPMorgan Chase Bank, N.A. ("Chase") and Coinbase, Inc. ("Coinbase") to respond to the First Amended Complaint is February 14, 2022. 2. Chase and Coinbase shall notice any motion(s) to dismiss related to the First Amended Complaint for hearing on Friday, April 15, 2022. 3. Any opposition to Chase and/or Coinbase's motion(s) to dismiss, if any, shall be filed and served on or before March 18, 2022. 4. Any reply in support of Chase and/or Coinbases motion(s) to dismiss, if any, shall be filed and served on or before April 1, 2022. (lom)
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| Filing 25 STIPULATION for Extension of Time to File Response as to Amended Complaint/Petition #21 filed by Defendant JPMorgan Chase Bank, N.A.. (Attachments: #1 Proposed Order)(Fredrich, Christopher) |
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Filing 24
MINUTE ORDER RE: DEFENDANT'S MOTION TO DISMISS [ECF No. 18](IN CHAMBERS) by Judge John W. Holcomb. In view of Plaintiff's amendment of its complaint, Defendants pending Motion to Dismiss [ECF No. 18] is hereby DENIED as moot. The hearing on the motion scheduled for February 4, 2022, is hereby VACATED. IT IS SO ORDERED. (yl) Modified on 1/21/2022 (yl).
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| Filing 23 21 DAY Summons Issued re Amended Complaint/Petition #21 as to Defendant Coinbase, Inc. (yl) |
| Filing 22 Request for Clerk to Issue Summons on Amended Complaint/Petition #21 filed by Plaintiffs Galen Gabel, Sheryl Gabel. (Barthel, Nicholas) |
| Filing 21 FIRST AMENDED COMPLAINT against Defendants JPMorgan Chase Bank, N.A., Coinbase, Inc. amending Complaint (Attorney Civil Case Opening), #1 , filed by Plaintiffs Galen Gabel, Sheryl Gabel(Barthel, Nicholas) |
| Filing 20 NOTICE of Change of Attorney Business or Contact Information: for attorney Nicholas Barthel counsel for Plaintiffs Galen Gabel, Sheryl Gabel. Changing firm name to Barthel & Barthel, APC. Changing email to nick@barthelbarthel.com. Filed by Plaintiffs Galen Gabel, Sheryl Gabel. (Attachments: #1 PROOF OF SERVICE)(Barthel, Nicholas) |
| Filing 19 NOTICE of Appearance filed by attorney Arjun P Rao on behalf of Defendant JPMorgan Chase Bank, N.A. (Attorney Arjun P Rao added to party JPMorgan Chase Bank, N.A.(pty:dft))(Rao, Arjun) |
| Filing 18 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant JPMorgan Chase Bank, N.A.. Motion set for hearing on 2/4/2022 at 09:00 AM before Judge John W. Holcomb. (Attachments: #1 Proposed Order) (Fredrich, Christopher) |
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Filing 17
ORDER FURTHER EXTENDING TIME FOR DEFENDANT COINBASE GLOBAL, INC. TO RESPOND TO COMPLAINT #16 by Judge John W. Holcomb. This Court HEREBY ORDERS as follows: The deadline for Defendant Coinbase Global, Inc. to respond to the Complaint is further extended to January 28, 2022. IT IS SO ORDERED. (lom)
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| Filing 16 STIPULATION Extending Time to Answer the complaint as to Coinbase Global, Inc. answer now due 1/28/2022, re Complaint (Attorney Civil Case Opening), #1 filed by Defendant Coinbase Global, Inc.. (Attachments: #1 Proposed Order Proposed Order Further Extending Time for Defendant Coinbase Global, Inc. to Respond to Complaint)(Coleman, Derrick) |
| Filing 15 NOTICE of Interested Parties filed by Defendant JPMorgan Chase Bank, N.A., identifying Corporate Parent JPMorgan Chase & Co.. (Fredrich, Christopher) |
| Filing 14 STIPULATION Extending Time to Answer the complaint as to JPMorgan Chase Bank, N.A. answer now due 1/5/2022, re Complaint (Attorney Civil Case Opening), #1 filed by Defendant JPMorgan Chase Bank, N.A..(Attorney Christopher R Fredrich added to party JPMorgan Chase Bank, N.A.(pty:dft))(Fredrich, Christopher) |
| Filing 13 STIPULATION Extending Time to Answer the complaint as to Coinbase Global, Inc. answer now due 1/5/2022, re Complaint (Attorney Civil Case Opening), #1 filed by Defendant Coinbase Global, Inc..(Attorney Derrick F Coleman added to party Coinbase Global, Inc.(pty:dft))(Coleman, Derrick) |
| Filing 12 PROOF OF SERVICE Executed by Plaintiff Galen Gabel, Sheryl Gabel, upon Defendant Coinbase Global, Inc. served on 11/15/2021, answer due 12/6/2021; JPMorgan Chase Bank, N.A. served on 11/15/2021, answer due 12/6/2021. Service of the Summons and Complaint were executed upon CT Corporation System - Authorized Agent for Service in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Barthel, Nicholas) |
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Filing 11
STANDING ORDER by Judge John W. Holcomb. (iva)
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| Filing 10 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Consent to Proceed (CV-11C) before US Magistrate Judge Direct Assignment Program Non-Final #9 . The following error(s) was/were found: Other error(s) with document(s): Wrong event and form used, the correct event is "Notice">"Notice of Lodging" and the correct form CV 11D form has to be attached. Please refer to General Order 18-11.. 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. (rn) |
| Filing 9 STATEMENT OF CONSENT TO PROCEED before the assigned Magistrate Judge filed by Plaintiffs Galen Gabel, Sheryl Gabel. (Loker, Matthew) |
| Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendants Coinbase Global, Inc., JPMorgan Chase Bank, N.A. (car) |
| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge John W. Holcomb and Magistrate Judge Kenly Kiya Kato. (car) |
| Filing 4 NOTICE of Interested Parties filed by Plaintiffs Galen Gabel, Sheryl Gabel, (Loker, Matthew) |
| Filing 3 CIVIL COVER SHEET filed by Plaintiffs Galen Gabel, Sheryl Gabel. (Loker, Matthew) |
| Filing 2 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiffs Galen Gabel, Sheryl Gabel. (Loker, Matthew) |
| Filing 1 COMPLAINT Receipt No: ACACDC-32269149 - Fee: $402, filed by Plaintiffs Galen Gabel, Sheryl Gabel. (Attorney Matthew Michael Loker added to party Galen Gabel(pty:pla), Attorney Matthew Michael Loker added to party Sheryl Gabel(pty:pla))(Loker, Matthew) |
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