Mora v. Zeta Interactive Corp. et al
Plaintiff: Mora and Sergio Mora
Defendant: Zeta Interactive Corp, David A. Steinberg and Zeta Interactive Corp.
Case Number: 1:2016cv00198
Filed: February 11, 2016
Court: US District Court for the Eastern District of California
Office: Fresno Office
County: Merced
Presiding Judge: Stanley A Boone
Referring Judge: Dale A Drozd
Nature of Suit: Other Statutory Actions
Cause of Action: 28:1331
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 24, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 24, 2017 Opinion or Order Filing 68 ORDER DIRECTING Clerk of Court to Close Case, signed by Magistrate Judge Stanley A. Boone on 2/24/17. CASE CLOSED.(Marrujo, C)
February 23, 2017 Opinion or Order Filing 67 MINUTE ORDER: (Text Only) re #65 notice of withdrawal, signed by District Judge Dale A. Drozd on 2/23/2017; Hearing on plaintiff's #55 motion for leave to file second amended complaint on calendar 3/7/2017 is VACATED, and the motion is WITHDRAWN. (Gaumnitz, R)
February 23, 2017 Filing 66 STIPULATION of Dismissal with Prejudice Against all Defendants Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) by Sergio Mora. (Arisohn, Joshua)
February 23, 2017 Filing 65 NOTICE of Withdrawal of Motion for Leave to File Second Amended Complaint by Sergio Mora. (Arisohn, Joshua)
February 21, 2017 Filing 64 DECLARATION of William Ettenger re #62 Opposition to Motion. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Du Wors, John)
February 21, 2017 Filing 63 DECLARATION of John Du Wors re #62 Opposition to Motion. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Du Wors, John)
February 21, 2017 Filing 62 OPPOSITION by David A. Steinberg, Zeta Interactive Corp. to #55 MOTION to AMEND the #13 Amended Complaint. (Du Wors, John)
February 21, 2017 Opinion or Order Filing 61 STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Stanley A. Boone on 2/21/2017: It is hereby ordered that the protective order is entered. The parties are advised that pursuant to the Local Rules of the United States District Court, Eastern District of California, any documents which are to be filed under seal will require a written request which complies with Local Rule 141. The party making a request to file documents under seal shall be required to show good cause for documents attached to a nondispositive motion or compelling reasons for documents attached to a dispositive motion. Pintos v. Pacific Creditors Ass'n, 605 F.3d 665, 677-78 (9th Cir. 2009). (Valdez, E)
February 20, 2017 Filing 60 STIPULATION and PROPOSED ORDER for Protective Order by David A. Steinberg, Zeta Interactive Corp.. (Du Wors, John)
February 16, 2017 Filing 59 TRANSCRIPT of Proceedings held on 2/8/2017, before Magistrate Judge Stanley A. Boone. PLAINTIFF'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS HEARING filed by ECRO, Phone number 559-499-5928 or 559-499-5612 E-mail Fresno_ECRO@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 3/9/2017. Redacted Transcript Deadline set for 3/20/2017. Release of Transcript Restriction set for 5/18/2017. (Rosales, O)
February 10, 2017 Opinion or Order Filing 58 ORDER GRANTING IN PART PLAINTIFFS MOTION TO COMPEL (ECF Nos. #46 , #49 , #51 , #53 ) signed by Magistrate Judge Stanley A. Boone on 2/10/2017. It is hereby ordered that: Plaintiff's motion to compel production of documents responsive to request for production nos. 18, 19, and 21 is GRANTED IN PART; Defendants shall produce the call logs for calls made by Education Bridge, during the putative class period, from February 16, 2012, through present, in order to promote its products or services, in an electronic format within twenty-one (21) days of the date of entry of this order; and The parties shall file a stipulated protective order based upon the Northern District of California's Model Protective Order for Litigation Involving Patents, Highly Sensitive Confidential Information and/or Trade Secrets, but excising portions that are inconsistent with this order, within ten (10) days of the date of entry of this order. (Valdez, E)
February 9, 2017 Filing 57 TRANSCRIPT REQUEST by David A. Steinberg, Zeta Interactive Corp. for proceedings held on 02/08/2017 before Judge Stanley A. Boone. Court Reporter ECRO Otilia Rosales. (Du Wors, John)
February 8, 2017 Filing 56 MINUTES (Text Only) for proceedings before Magistrate Judge Stanley A. Boone: MOTION HEARING RE PLAINTIFFS MOTION TO COMPEL PRODUCTION OF DOCUMENTS held on 2/8/2017, MOTIONS SUBMITTED. The Court to issue a written order. Plaintiffs Counsel Joshua Arisohn by telephone. Defendants Counsel John Du Wors by telephone. Court Reporter/CD Number: ECRO O Rosales. (Hernandez, M)
February 3, 2017 Filing 55 MOTION to AMEND the #13 Amended Complaint by Sergio Mora. Motion Hearing set for 3/7/2017 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Declaration of Annick M. Persinger)(Persinger, Annick)
February 1, 2017 Opinion or Order Filing 54 ORDER DISCHARGING FEBRUARY 1, 2017 ORDER TO SHOW CAUSE. Signed by Magistrate Judge Stanley A. Boone on 2/1/2017. (Hernandez, M)
February 1, 2017 Filing 53 RESPONSE to ORDER to SHOW CAUSE by Sergio Mora. (Attachments: #1 Exhibit A)(Arisohn, Joshua)
February 1, 2017 Opinion or Order Filing 52 ORDER REQUIRING PLAINTIFF TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE IMPOSED FOR FAILURE TO COMPLY WITH THE JANUARY 25, 2017 ORDER. IT IS HEREBY ORDERED that Plaintiff shall show cause in writing no later than February 3, 2017, at noon, why sanctions should not be imposed for failure to comply with the January 25, 2017 order. Plaintiff is forewarned that the failure to show cause may result in the imposition of sanctions, including the dismissal of this action. Signed by Magistrate Judge Stanley A. Boone on 2/1/2017. (Hernandez, M)
January 31, 2017 Filing 51 INFORMAL DISCOVERY DISPUTE LETTER BRIEF re #49 Statement Defendants' Updated Statement re Discovery Dispute by David A. Steinberg, Zeta Interactive Corp.. (Attachments: #1 Proposed Order Defendants' Proposed Protective Order)(Everett, Samantha)
January 25, 2017 Opinion or Order Filing 50 ORDER REQUIRING PARTIES TO MEET AND CONFER AND FILE EITHER A SUPPLEMENTAL JOINT STATEMENT OR A NOTICE OF WITHDRAWAL OF THE MOTION TO COMPEL. ORDER REQUIRING DEFENDANTS TO FILE A COPY OF THEIR PROPOSED PROTECTIVE ORDER. IT IS HEREBY ORDERED that: The parties shall conduct a meaningful meet and confer in person or by telephone regarding the issues in the instant motion to compel on or before January 31, 2017; The parties shall file a supplemental joint statement detailing the parties renewed meet and confer efforts and any additional information for the motion, or a notice of withdrawal of the motion to compel, on or before January 31, 2017; and If Plaintiff does not withdraw the motion to compel and Defendants request a protective order that is different from Plaintiffs proposed protective order, Defendants shall file a copy of their proposed protective order on or before January 31, 2017. Signed by Magistrate Judge Stanley A. Boone on 1/24/2017. (Hernandez, M)
January 23, 2017 Filing 49 STATEMENT of Joint Statement Re Discovery Disagreement by Plaintiff Sergio Mora re #46 MOTION to COMPEL Production of Documents Propounded on Defendants Zeta Interactive Corp. and David A. Steinberg . (Fisher, Lawrence)
January 20, 2017 Opinion or Order Filing 48 ORDER Directing Clerk of Court to Terminate Julia A. Luster as Attorney of Record for Plaintiff signed by Magistrate Judge Stanley A. Boone on 1/20/2017. (Jessen, A)
January 19, 2017 Filing 47 NOTICE of Withdrawal of Julia A. Luster as Counsel for Plaintiff by Sergio Mora. (Fisher, Lawrence)
January 17, 2017 Filing 46 MOTION to COMPEL Production of Documents Propounded on Defendants Zeta Interactive Corp. and David A. Steinberg by Sergio Mora. Motion Hearing set for 2/8/2017 at 10:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (Fisher, Lawrence)
November 15, 2016 Opinion or Order Filing 45 PHASE TWO SCHEDULING ORDER. Class Certification Deadline: Motion Filing: August 11, 2017; Discovery Deadlines: Non-Expert Discovery: June 1, 2017; Expert Disclosure: June 8, 2017; Rebuttal Expert Disclosure: July 7, 2017. Signed by Magistrate Judge Stanley A. Boone on 11/15/2016. (Hernandez, M)
November 15, 2016 Filing 44 MINUTES (Text Only) for proceedings before Magistrate Judge Stanley A. Boone: SCHEDULING CONFERENCE held on 11/15/2016. The Court to issue a written order regarding class certification schedule. "SAB Chambers Procedures" emailed to parties. Plaintiffs Counsel Joshua Arisohn by telephone. Defendants Counsel Samantha Everett by telephone. Court Reporter/CD Number: In chambers and off the record. (Hernandez, M)
November 8, 2016 Filing 43 JOINT SCHEDULING REPORT by Sergio Mora. (Fisher, Lawrence)
November 8, 2016 Filing 42 ANSWER by David A. Steinberg, Zeta Interactive Corp..(Du Wors, John)
October 25, 2016 Opinion or Order Filing 41 MINUTE ORDER: (TEXT ENTRY ONLY) The Court sets a Scheduling Conference for 11/15/2016 at 09:15 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. A joint scheduling report is due one week before the conference date. Signed by Magistrate Judge Stanley A. Boone on 10/25/2016. (Hernandez, M)
October 25, 2016 Opinion or Order Filing 40 ORDER Denying Defendants' #34 Motion to Compel Arbitration, signed by District Judge Dale A. Drozd on 10/24/2016. (This matter is referred back to the assigned magistrate judge for further scheduling consistent with this order.) (Gaumnitz, R)
October 6, 2016 Filing 39 MINUTES (Text Only) for proceedings before District Judge Dale A. Drozd: MOTION HEARING held on 10/6/2016. #34 Motion to Compel Arbitration and Dismiss or Stay Litigation or, in the Alternative for Discovery on the Issue of Arbitrability argued and submitted, a written decision will issue. Plaintiff's Counsel J. Arisohn telephonically present. Defendants' Counsel J. Du Wors telephonically present. Court Reporter/CD Number: K. Hooven. (Gaumnitz, R)
September 29, 2016 Filing 38 REPLY by David A. Steinberg, Zeta Interactive Corp. re #34 MOTION to COMPEL Abritration and Dismiss or Stay Litigation or, in the Alternative, For Discovery on the Issue of Arbitrability . (Everett, Samantha)
September 29, 2016 Opinion or Order Filing 37 MINUTE ORDER: (TIME CHANGE ONLY) signed by District Judge Dale A. Drozd on 9/29/2016; #34 Motion to Compel on calendar 10/6/2016, WILL BE HEARD at 9:45 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. The parties are encouraged to appear telephonically and may do so by dialing 877-402-9757 (access code 6966236), at the time of the hearing. Because the court may be hearing other matters using the same conference line, please wait to state your appearance until your case has been called and appearances are requested. Keep all background noise to a minimum. At least 24 hours prior to the hearing you must email Courtroom Deputy Renee Gaumnitz, at RGaumnitz@caed.uscourts.gov, to advise the court you will be appearing telephonically. (Gaumnitz, R)
September 22, 2016 Filing 36 OPPOSITION by Sergio Mora to #34 MOTION to COMPEL Abritration and Dismiss or Stay Litigation or, in the Alternative, For Discovery on the Issue of Arbitrability . (Attachments: #1 Declaration of Joshua D. Arisohn)(Arisohn, Joshua)
September 14, 2016 Opinion or Order Filing 35 MINUTE ORDER: (Text Entry Only) signed by District Judge Dale A. Drozd on 9/14/2016; Due to the court's availability, hearing on defendants' #34 Motion to Compel Arbitration and Dismiss or Stay previously set for 10/4/2016, has been CONTINUED to 10/6/2016, at 9:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Gaumnitz, R)
August 26, 2016 Filing 34 MOTION to COMPEL Abritration and Dismiss or Stay Litigation or, in the Alternative, For Discovery on the Issue of Arbitrability by David A. Steinberg, Zeta Interactive Corp.. Motion Hearing set for 10/4/2016 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Proposed Order, #2 Declaration of John Du Wors, #3 Exhibit A-B to Declaration of J. Du Wors, #4 Declaration of William Ettenger, #5 Exhibit A-D to Declaration of W. Ettenger)(Du Wors, John)
July 28, 2016 Opinion or Order Filing 33 ORDER RE INFORMAL DISCOVERY DISPUTE REGARDING PLAINTIFF'S COUNSEL'S INSTRUCTION FOR PLAINTIFF NOT TO ANSWER QUESTIONS DURING DEPOSITION. Signed by Magistrate Judge Stanley A. Boone on 7/27/2016. (Hernandez, M)
July 27, 2016 Filing 32 MINUTES (Text Only) for proceedings before Magistrate Judge Stanley A. Boone: DISCOVERY DISPUTE REGARDING DEPOSITION held in chambers on 7/27/2016. The Court to issue a written order. Plaintiffs Counsel Yeremey Krivoshey by telephone. Defendants Counsel John David Du Wors by telephone. Court Reporter/CD Number: In chambers and off the record. (Hernandez, M)
July 20, 2016 Opinion or Order Filing 31 ORDER RE INFORMAL DISCOVERY DISPUTE. William Ettingers deposition shall take place first and Jeffry Nimeroffs deposition shall take place second; and Mr. Ettinger and Mr. Nimeroff are precluded from attending each others depositions. Signed by Magistrate Judge Stanley A. Boone on 7/20/2016. (Valdez, E)
July 20, 2016 Filing 30 MINUTES (Text Only) for proceedings before Magistrate Judge Stanley A. Boone: TELEPHONIC DISCOVERY DISPUTE REGARDING DEPOSITIONS held in chambers and off the record on 7/20/2016. The Court to issue a written order. Plaintiffs Counsel Joshua Arisohn by telephone. Defendants Counsel John David Du Wors by telephone. Court Reporter/CD Number: In chambers and off the record. (Hernandez, M)
July 11, 2016 Opinion or Order Filing 29 STIPULATION and ORDER REGARDING DISCOVERY CUT-OFF DATE. The discovery cut-off date relating to arbitration, currently set for July 22, 2016, shall be extended to July 29, 2016. All other dates issued in the Phase One Scheduling Order shall remain unchanged. Signed by Magistrate Judge Stanley A. Boone on 7/11/2016. (Hernandez, M)
July 8, 2016 Filing 28 STIPULATION and PROPOSED ORDER for Extension of Discovery Cut-Off Date by Sergio Mora. (Attachments: #1 Declaration of L. Timothy Fisher)(Fisher, Lawrence)
June 27, 2016 Opinion or Order Filing 27 ORDER Denying Defendants' #17 Motion to Dismiss, signed by District Judge Dale A. Drozd on 6/24/2016. (Defendant's #17 motion to dismiss is denied. The matter is referred back to the Magistrate Judge for further proceedings including the setting of a scheduling conference.) (Gaumnitz, R)
June 7, 2016 Filing 26 MINUTES (Text Only) for proceedings before District Judge Dale A. Drozd (presiding telephonically from the Sacramento District Courthouse): TELEPHONIC MOTION HEARING held on 6/7/2016, #17 Motion to Dismiss argued and submitted; a written decision will issue. Plaintiff's Counsel Josh Arisohn telephonically present. Defendants' Counsel John Du Wors, Nathan Durrance, and Samantha Everett telephonically present. Court Reporter/CD Number: ECRO- Esther Valdez. (Gaumnitz, R)
June 3, 2016 Opinion or Order Filing 25 MINUTE ORDER: (TIME CHANGE ONLY) signed by District Judge Dale A. Drozd on 6/3/2016; #17 Motion to Dismiss on calendar 6/7/2016, WILL BE HEARD at 1:30 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. PLEASE NOTE: Judge Drozd will be presiding telephonically and will not be present in the courtroom. The parties are encouraged, but not required, to appear telephonically and may do so by dialing 877-402-9757 (access code 6966236), at the time of the hearing. Because the court may be hearing other matters using the same conference line, please wait to state your appearance until your case has been called and appearances are requested. Keep all background noise to a minimum. Email Courtroom Deputy Renee Gaumnitz, at RGaumnitz@caed.uscourts.gov, to advise the court you will be appearing telephonically. (Gaumnitz, R)
June 2, 2016 Opinion or Order Filing 24 PRO HAC VICE ORDER signed by Magistrate Judge Stanley A. Boone on 6/1/16. Added attorney Joshua Arisohn, PHV for Sergio Mora. (Verduzco, M)
May 31, 2016 Filing 23 REPLY by David A. Steinberg re #17 MOTION to DISMISS. (Everett, Samantha)
May 31, 2016 Filing 22 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Sergio Mora for attorney Joshua Arisohn to appear Pro Hac Vice. (Filing fee $ 200, receipt number 0972-6492891) (Fisher, Lawrence)
May 24, 2016 Filing 21 OPPOSITION by Sergio Mora to #17 MOTION to DISMISS. (Fisher, Lawrence)
May 3, 2016 Opinion or Order Filing 20 Phase One Scheduling Order, signed by Magistrate Judge Stanley A. Boone on 5/3/2016. (Non Expert Discovery due by 7/22/2016; Motion to Compel Arbitration filed by 8/26/2016) (Rosales, O)
May 3, 2016 Filing 19 MINUTES (Text Only) for proceedings before Magistrate Judge Stanley A. Boone: SCHEDULING CONFERENCE held on 5/3/2016. The Court addressed a briefing schedule for Arbitration. The Court to issue a written order. (NOTE: SAB chambers procedures provided to the parties) Plaintiffs Counsel Julia Luster present. Defendants Counsel Samantha Everett by telephone. Court Reporter/CD Number: In chambers and off the record. (Hernandez, M)
April 29, 2016 Filing 18 NOTICE of APPEARANCE by Julia A. Luster on behalf of Sergio Mora. Attorney Luster, Julia A. added. (Luster, Julia)
April 27, 2016 Filing 17 MOTION to DISMISS by David A. Steinberg. Attorney Everett, Samantha Marie added. Motion Hearing set for 6/7/2016 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of David A. Steinberg, #3 Proposed Order)(Everett, Samantha)
April 27, 2016 Filing 16 ANSWER by Zeta Interactive Corp.. Attorney Everett, Samantha Marie added.(Everett, Samantha)
April 26, 2016 Filing 15 JOINT STATUS REPORT by Sergio Mora. (Fisher, Lawrence)
April 14, 2016 Opinion or Order Filing 14 MINUTE ORDER: (Text Entry Only) signed by District Judge Dale A. Drozd on 4/14/2016: Hearing on Defendant's #11 Motion to Dismiss currently set for 5/3/2016, before District Judge Dale A. Drozd is VACATED. An #13 Amended Complaint has been filed, #11 Motion to Dismiss is moot. (Gaumnitz, R)
April 13, 2016 Filing 13 FIRST AMENDED COMPLAINT against David A. Steinberg, Zeta Interactive Corp. by Sergio Mora.(Fisher, Lawrence)
April 6, 2016 Filing 12 CERTIFICATE of SERVICE by Sergio Mora re #4 Civil New Case Documents for DAD. (Fisher, Lawrence)
April 4, 2016 Filing 11 MOTION to DISMISS by David A. Steinberg. Attorney Du Wors, John David added. Motion Hearing set for 5/3/2016 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Memorandum Memorandum of Points and Authorities, #2 Declaration Declaration of David A. Steinberg)(Du Wors, John)
March 18, 2016 Filing 10 ANSWER by Zeta Interactive Corp.. Attorney Du Wors, John David added.(Du Wors, John)
March 15, 2016 Opinion or Order Filing 9 ORDER EXTENDING TIME TO FILE RESPONSIVE PLEADING. Defendant Zeta Interactive Corp's responsive pleading to plaintiff's complaint will be due 3/18/2016; Defendant Daniel Steinberg's responsive pleading to plaintiff's complaint will be due 4/4/2016. Signed by Magistrate Judge Stanley A. Boone on 3/15/2016. (Hernandez, M)
March 15, 2016 Filing 8 STIPULATION and PROPOSED ORDER for Extending Time to File Responsive Pleading by David A. Steinberg, Zeta Interactive Corp.. (Newman, Derek)
March 2, 2016 Filing 7 NOTICE of APPEARANCE by Derek Alan Newman on behalf of David A. Steinberg, Zeta Interactive Corp.. Attorney Newman, Derek Alan added. (Newman, Derek)
February 29, 2016 Filing 6 SUMMONS RETURNED EXECUTED: David A. Steinberg served on 2/25/2016, answer due 3/17/2016. (Fisher, Lawrence)
February 29, 2016 Filing 5 SUMMONS RETURNED EXECUTED: Zeta Interactive Corp. served on 2/16/2016, answer due 3/8/2016. (Fisher, Lawrence)
February 12, 2016 Filing 4 CIVIL NEW CASE DOCUMENTS ISSUED: Initial Scheduling Conference set for 5/3/2016 at 09:45 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Jessen, A)
February 12, 2016 Filing 3 SUMMONS ISSUED as to *Zeta Interactive Corp.* with answer to complaint due within *21* days. Attorney *Lawrence Timothy Fisher* *Bursor and Fisher, PA* *1990 N. California Blvd., Suite 940* *Walnut Creek, CA 94596*. (Jessen, A)
February 12, 2016 Filing 2 SUMMONS ISSUED as to *David A. Steinberg* with answer to complaint due within *21* days. Attorney *Lawrence Timothy Fisher* *Bursor and Fisher, PA* *1990 N. California Blvd., Suite 940* *Walnut Creek, CA 94596*. (Jessen, A)
February 11, 2016 Filing 1 COMPLAINT against David A. Steinberg, Zeta Interactive Corp. by Sergio Mora. Attorney Fisher, Lawrence Timothy added. (Filing fee $ 400, receipt number 0972-6314116) (Attachments: #1 Civil Cover Sheet)(Fisher, Lawrence)

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Plaintiff: Mora
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Plaintiff: Sergio Mora
Represented By: Scott A. Bursor
Represented By: Joshua Arisohn, PHV
Represented By: Annick Marie Persinger
Represented By: Lawrence Timothy Fisher
Represented By: Yeremey Olegovich Krivoshey
Represented By: Julia A. Luster
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Defendant: Zeta Interactive Corp
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Defendant: David A. Steinberg
Represented By: John David Du Wors
Represented By: Samantha Marie Everett
Represented By: Derek Alan Newman
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Defendant: Zeta Interactive Corp.
Represented By: John David Du Wors
Represented By: Samantha Marie Everett
Represented By: Derek Alan Newman
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