(Consent) Murillo v. City of Woodland et al
Plaintiff: Desiree Murillo
Defendant: City of Woodland, Ryan Piercy and Casey Sullivan
Case Number: 2:2009cv03117
Filed: November 9, 2009
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Kendall J Newman
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on July 11, 2011. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 11, 2011 Opinion or Order Filing 90 ORDER DISMISSING CASE signed by Magistrate Judge Kendall J. Newman on 7/8/11. The parties shall bear their own costs and attorneys' fees. CASE CLOSED pursuant to FRCP 41(a)(1)(A)(ii). (Manzer, C)
July 8, 2011 Filing 89 STIPULATION and PROPOSED ORDER for dismissal by City of Woodland. (Kilduff, Carolee)
July 7, 2011 Opinion or Order Filing 88 ORDER signed by Magistrate Judge Kendall J. Newman on 7/6/11 re #87 Notice of Settlement ORDERING that the parties file dispositive papers on or before 7/20/11; if unable to file on or before that date, the parties may file a notice providing reasons why such documents could not be filed. All previously scheduled dates in this case are vacated.(Meuleman, A)
July 5, 2011 Filing 87 NOTICE of SETTLEMENT by City of Woodland. (Kilduff, Carolee)
May 25, 2011 Filing 86 MINUTES for SETTLEMENT CONFERENCE proceedings held before Magistrate Judge Kendall J. Newman on 5/25/2011: Parties reached a verbal settlement. Terms of the agreement summarized. All other dates pending in this case are VACATED. Notice of settlement to be filed by 7/5/2011. Status report due by 6/24/2011 if problems should arise. Plaintiffs Counsel Jeffrey Janoff present. Defendants Counsel Carolee Kilduff and John Lavra present. Court Reporter/CD Number: 1 of 1. (Text Only) (Caspar, M)
May 23, 2011 Opinion or Order Filing 85 ORDER signed by Magistrate Judge Kendall J. Newman on 5/23/2011 ORDERING Defendant City of Woodland's #52 Motion for Summary Adjudication is GRANTED in PART and DENIED in PART; and Defendant Ryan Piercy's #62 motion for partial summary judgment, by way of partial joinder in the City's Motion for Summary Adjudication in GRANTED in PART and DENIED in PART. (Reader, L)
May 18, 2011 Filing 84 NOTICE of Waiver of Disqualification of Settlement Judge Pursuant to Local Rule 270(b) by Desiree Murillo. (Janoff, Jeffrey) Modified on 5/23/2011 (Reader, L).
May 18, 2011 Filing 83 NOTICE of Waiver of Disqualification of Settlement Judge Pursuant to Local Rule 270(b) by Ryan Piercy. (Pappone, Jeri)
May 18, 2011 Filing 82 NOTICE of Waiver of Disqualification of Settlement Judge Pursuant to Local Rule 270(b) by City of Woodland. (McTavish, Amie)
May 11, 2011 Filing 81 MINUTES for MOTION HEARING proceedings held before Magistrate Judge Kendall J. Newman on 5/11/2011: Court heard arguments re defendants' motion #52 and #62 motions for summary adjudication. Matters submitted. Order to issue. Plaintiffs Counsel Jeffrey Janoff present. Defendants Counsel Carolee Kilduff, John Lavra present. Court Reporter/CD Number: 1 of 1. (Text Only) (Caspar, M)
May 10, 2011 Filing 80 SUPPLEMENTAL to #48 Designation/Disclosure of Expert Witness by Desiree Murillo . (Attachments: #1 Exhibit A)(Janoff, Jeffrey) Modified on 5/11/2011 (Duong, D).
May 5, 2011 Filing 79 REPLY by City of Woodland re #56 Statement, #66 Statement. (McTavish, Amie)
May 5, 2011 Filing 78 REPLY by City of Woodland to RESPONSE to #52 Motion for Summary Judgment. (McTavish, Amie)
May 5, 2011 Filing 77 MINUTE ORDER by Courtroom Deputy M. Caspar for Magistrate Judge Kendall J. Newman on 4/5/2011: As provided in the court's 4/29/2011 order #74 , plaintiff has lodged a copy of the parties' stipulated protective order with the court. However, plaintiff did not file a "notice of lodging" with the court, and does not appear to have notified defendants of the lodging of the stipulated protective order. This minute order constitutes such a notice of lodging. (TEXT ONLY)(Caspar, M)
May 2, 2011 Filing 76 STATEMENT of Settlement Conference by Plaintiff Desiree Murillo. (Janoff, Jeffrey)
May 2, 2011 Filing 75 AMENDED EXHIBIT B re #52 Motion for Summary Judgment filed by City of Woodland. (Janoff, Jeffrey) Modified on 5/6/2011 (Zignago, K.).
April 29, 2011 Opinion or Order Filing 74 ORDER signed by Magistrate Judge Kendall J. Newman on 4/28/2011 ORDERING #71 Proposed Order of Request to Seal Document filed by Desiree Murillo is provisionally GRANTED. Clerk is directed to withdraw the entire Exhibit B to plaintiff's opposition to the City of Woodland's Motion for Summary Judgment from the court's public docket. On or before May 3, 2011, plaintiff shall re-file the non-confidential pages stamped as "793-798" as Amended Exhibit B. On or before May 3, 2011, plaintiff shall lodge with the court a copy of the parties' stipulated protective order that is referenced in plaintiff's Request to Seal.(Waggoner, D)
April 28, 2011 Filing 73 MINUTE ORDER by Courtroom Deputy M. Caspar for Magistrate Judge Kendall J. Newman on 4/28/2011: Informing the parties that the Order to Show Cause #63 entered on 4/22/2011 is hereby DISCHARGED. (TEXT ONLY) (Caspar, M)
April 27, 2011 Filing 72 STATEMENT of Procedural Basis for Joinder in City of Woodland's Motion for Summary Judgment by Defendant Ryan Piercy re #52 Motion for Summary Judgment. (Pappone, Jeri)
April 27, 2011 Filing 71 PROPOSED ORDER Request To Seal Documents re #68 Order by Desiree Murillo. (Janoff, Jeffrey)
April 26, 2011 Filing 70 DECLARATION of Jeffrey D. Janoff, Esq. re #63 Order to Show Cause. (Janoff, Jeffrey) Modified on 4/28/2011 (Matson, R).
April 26, 2011 Filing 69 DECLARATION of Jeffrey D. Janoff, Esq. in OPPOSITION TO #52 Motion for Summary Judgment. (Janoff, Jeffrey)
April 26, 2011 Opinion or Order Filing 68 ORDER signed by Magistrate Judge Kendall J. Newman on 4/25/11. IT IS HEREBY ORDERED that on or before April 28, 2011, the parties shall submit courtesy copies of deposition transcripts in conformity with Local Rule 133(j). (Kaminski, H)
April 22, 2011 Filing 67 MINUTE ORDER by Courtroom Deputy M. Caspar for Magistrate Judge Kendall J. Newman on 4/22/2011: Pursuant to the parties request, Settlement Conference has been SET for 5/25/2011 at 09:30 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. The parties are directed to exchange non-confidential settlement conference statements seven days prior to this settlement conference. These statements be shall simultaneously delivered to the Court using the following email address: kjnorders@caed.uscourts.gov. If a party desires to share additional confidential information with the Court, they may do so pursuant to the provisions of Local Rule 270(d) and (e). The parties are further directed to file a waiver of disqualification no later than seven days prior to this settlement conference. (TEXT ONLY) (Caspar, M)
April 22, 2011 Filing 66 STATEMENT of Disputed Facts by Plaintiff Desiree Murillo re #52 Motion for Summary Judgment. (Janoff, Jeffrey)
April 22, 2011 Filing 65 DECLARATION in OPPOSITION TO #52 Motion for Summary Judgment. (Janoff, Jeffrey)
April 22, 2011 Filing 64 OPPOSITION by Desiree Murillo to #52 Motion for Summary Judgment. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Janoff, Jeffrey)
April 22, 2011 Opinion or Order Filing 63 ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 4/22/11 ORDERING the Hearing on #52 Motion for Summary Judgment is CONTINUED to 5/11/2011 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. Plaintiff shall file a written opposition or statement of non-opposition to the #52 Motion by 4/27/11. Replies to plaintiff's opposition, if any, are due on or before 5/5/11. Plaintiff shall file, on or before 4/27/11, a written statement SHOWING CAUSE why sanctions, including dismissal of plaintiff's case, should not be imposed on plaintiff and/or her counsel for plaintiff's failure to prosecute her case. (Donati, J)
April 20, 2011 Filing 62 JOINDER by Ryan Piercy in re #52 Motion for Summary Judgment filed by City of Woodland. (Pappone, Jeri)
April 11, 2011 Opinion or Order Filing 61 ORDER signed by Magistrate Judge Kendall J. Newman on 04/08/11 ORDERING that plf's #58 Request to Continue the Hearing on the Motion for Summary Judgment is DENIED w/o prejudice; parties' #59 Stipulation and proposed order Extending Expert Discovery is NOT approved w/o prejudice; parties' #60 Stipulation and proposed order Setting a Settlement Conference is NOT approved, w/o prejudice. (Benson, A.)
April 8, 2011 Filing 60 STIPULATION and PROPOSED ORDER for Setting Scheduling Conference by City of Woodland. (Kilduff, Carolee)
April 8, 2011 Filing 59 STIPULATION and PROPOSED ORDER for Extending Expert Discovery by City of Woodland. (Kilduff, Carolee)
April 8, 2011 Filing 58 REQUEST for Continuance Of Hearing On #52 Defendant's Motion For Summary Judgment by Desiree Murillo. (Janoff, Jeffrey)
April 7, 2011 Filing 57 NOTICE of Lodging of CD by City of Woodland re #52 MOTION for SUMMARY JUDGMENT, #55 Declaration. (Received 4/7/2011 and routed to file room) (McTavish, Amie) Modified on 4/7/2011 (Zignago, K.).
April 7, 2011 Filing 56 STATEMENT of Undisputed Facts by Defendant City of Woodland re #52 MOTION for SUMMARY JUDGMENT. (McTavish, Amie)
April 7, 2011 Filing 55 DECLARATION of Lieutenant Anthony Cucchi in SUPPORT OF #52 MOTION for SUMMARY JUDGMENT. (McTavish, Amie)
April 7, 2011 Filing 54 DECLARATION of Amie McTavish in SUPPORT OF #52 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Exhibit A, #2 Exhibit B)(McTavish, Amie)
April 7, 2011 Filing 53 MEMORANDUM by City of Woodland in SUPPORT of #52 MOTION for SUMMARY JUDGMENT. (McTavish, Amie)
April 7, 2011 Filing 52 MOTION for SUMMARY JUDGMENT by City of Woodland. Motion Hearing set for 05/05/11 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (McTavish, Amie)
February 14, 2011 Filing 51 WITNESS LIST by City of Woodland.(Kilduff, Carolee)
January 31, 2011 Filing 50 DESIGNATION/DISCLOSURE of EXPERT WITNESS by Ryan Piercy. Attorney Lavra, John A. added. (Lavra, John)
January 31, 2011 Filing 49 DESIGNATION/DISCLOSURE of EXPERT WITNESS by City of Woodland.(Kilduff, Carolee) Modified on 2/2/2011 (Benson, A.).
January 19, 2011 Filing 48 DESIGNATION/DISCLOSURE of EXPERT WITNESS by Desiree Murillo. (Janoff, Jeffrey)
January 11, 2011 Opinion or Order Filing 47 STIPULATION and ORDER #46 , signed by Magistrate Judge Kendall J. Newman on 1/10/11: Initial expert disclosures are DUE on or before January 31, 2011. Rebuttal expert disclosures are DUE on or before February 14, 2011. The remainder of the court's Status (Pretrial Scheduling) Order shall remain in effect. (Kastilahn, A)
January 7, 2011 Filing 46 STIPULATION and PROPOSED ORDER for Order to Extend Time to Disclose Experts by City of Woodland. (Kilduff, Carolee)
November 16, 2010 Opinion or Order Filing 45 STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 11/15/2010 ORDERING that Initial Expert Witness Disclosure extended to 1/11/2011. Rebuttal Expert Witness Disclosure extended to 2/14/2011. (Zignago, K.)
November 12, 2010 Filing 44 STIPULATION and PROPOSED ORDER for Modification of Scheduling Order to Extend time to Disclose Expert Witnesses by City of Woodland. (Kilduff, Carolee)
August 2, 2010 Opinion or Order Filing 43 STATUS (PRETRIAL SCHEDULING) ORDER signed by Magistrate Judge Kendall J. Newman on 07/29/10: Discovery due by 9/1/2010. Designation of Expert Witnesses due by 11/12/2010. Dispositive Motions filed by 5/12/2011. Final Pretrial Conference set for 7/28/2011 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. Jury Trial set for 9/27/2011 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Manzer, C)
July 29, 2010 Filing 42 MINUTES for STATUS CONFERENCE held before Magistrate Judge Kendall J. Newman on 7/29/2010. Discussion as to case scheduling and settlement options. Order to issue. Plaintiff's Counsel, Jeffrey Janoff, present by telephone. Defendants' Counsel, Jeri Pappone and Amie McTavish, present. Court Reporter/E.C.R.O.: Tiffany Brown. (Text Only) (Schultz, C)
July 20, 2010 Opinion or Order Filing 41 ORDER signed by Magistrate Judge Kendall J. Newman on 7/19/10 ORDERING that Counsel for Plaintiff is permitted to appear by telephone at the Status Conference set for 7/29/10 at 10:00 a.m. Plaintiff's Counsel can be reached at (408) 286-2300 at the time of the Status Conference.(Mena-Sanchez, L)
July 16, 2010 Filing 40 PROPOSED ORDER re #39 Request by Desiree Murillo. (Janoff, Jeffrey) Modified on 7/20/2010 (Owen, K).
July 15, 2010 Filing 39 AMENDED REQUEST for Telephonic Appearance at Status Conference by Desiree Murillo. (Janoff, Jeffrey) Modified on 7/15/2010 (Schultz, C).
July 13, 2010 Filing 38 (DISREGARD; SEE AMENDED REQUEST #39 ) REEQUEST to Appear by Telephone at Status Conference by Desiree Murillo. (Janoff, Jeffrey) Modified on 7/15/2010 (Schultz, C).
July 7, 2010 Filing 37 MINUTE ORDER issued by CRD C. Schultz for Magistrate Judge Kendall J. Newman on 7/7/2010 ORDERING that pursuant to the Order Reassigning Case #36 a Status (Pretrial Scheduling) Conference is SET for 7/29/2010 at 10:00 AM in Courtroom 25 before Magistrate Judge Kendall J. Newman. (Text Only) (Schultz, C)
July 6, 2010 Opinion or Order Filing 36 ORDER signed by Judge Garland E. Burrell, Jr. on 7/6/2010 REASSIGNING CASE to Magistrate Judge Kendall J. Newman for all further proceedings; any scheduled matter before the undersigned District Court Judge is VACATED; All documents hereafter filed shall be denominated as 2:09-CV-3117 KJN. (Reader, L)
June 25, 2010 Filing 35 JOINT STATUS REPORT by Desiree Murillo, City of Woodland, Ryan Piercy. (McTavish, Amie)
June 10, 2010 Opinion or Order Filing 34 ORDER signed by Magistrate Judge Kendall J. Newman on 6/9/10 ORDERING that the parties' Request for approval of the proposed stipulated protective order is DENIED without prejudice.(Mena-Sanchez, L)
June 2, 2010 Filing 33 STIPULATION and [PROPOSED] PROTECTIVE ORDER to Maintain Confidentiality of Documents by City of Woodland. (Kilduff, Carolee) Modified on 6/3/2010 (Mena-Sanchez, L).
April 20, 2010 Opinion or Order Filing 32 MINUTE ORDER: The pretrial scheduling conference, currently set for 4/26/10, is rescheduled for 7/12/10, at 9:00 a.m. A joint status report is to be filed fourteen days prior to the hearing. Ordered by Judge Garland E. Burrell, Jr on 4/20/10. (Furstenau, S)
April 16, 2010 Filing 31 STATUS CONFERENCE STATEMENT by Ryan Piercy. (Pappone, Jeri) Modified on 4/19/2010 (Marciel, M).
April 12, 2010 Filing 30 ANSWER to AMENDED COMPLAINT with Demand for Jury Trial by Ryan Piercy. Attorney Pappone, Jeri Lynn added.(Pappone, Jeri)
April 5, 2010 Filing 29 JOINT STATUS REPORT by Desiree Murillo. (Janoff, Jeffrey)
March 18, 2010 Filing 28 DECLARATION of Jeffrey D. Janoff re #27 Exhibit. (Janoff, Jeffrey)
March 18, 2010 Filing 27 EXHIBIT Proof Of Service (Ryan Piercy) by Desiree Murillo. (Janoff, Jeffrey)
March 16, 2010 Filing 26 REQUEST for To Appear By Telephone At Status Conference by Desiree Murillo. (Janoff, Jeffrey)
March 11, 2010 Opinion or Order Filing 25 ORDER signed by Judge Garland E. Burrell, Jr., on 3/10/10, ORDERING that the Status (Pretrial Scheduling) Conference is CONT'D from 3/15/2010 to 4/26/2010 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr. A further joint status report shall be FILED no later than 14 days prior. Pltf is notified that unless he provides proof of service and/or shows cause for the failure to serve dft Piercy within the 120 day period prescribed, dft Piercy could be dismissed from this action.(Kastilahn, A)
March 11, 2010 Filing 24 REQUEST to appear telephonically at Status Conference by Desiree Murillo. (Janoff, Jeffrey) Modified on 3/12/2010 (Marciel, M).
March 8, 2010 Filing 23 ANSWER to COMPLAINT by City of Woodland; DEMAND for Jury Trial. (Kilduff, Carolee) Modified on 3/9/2010 (Marciel, M).
February 23, 2010 Filing 22 JOINT STATUS REPORT by City of Woodland. (Kilduff, Carolee) Modified on 2/24/2010 (Marciel, M).
February 19, 2010 Filing 21 MINUTE ORDER issued by CRD C. Schultz for Magistrate Judge Kendall J. Newman on 02/19/2010: Plaintiff's Notice of Withdrawal re Motion for Discovery #18 has been received and the 3/11/2010 Motion Hearing is VACATED. (Text Only) (Schultz, C)
February 19, 2010 Opinion or Order Filing 20 ORDER signed by Judge Garland E. Burrell, Jr on 2/18/10 ORDERING dfts' Motion to Dismiss #8 DENIED AS MOOT. (Carlos, K)
February 16, 2010 Filing 19 AMENDED COMPLAINT against Ryan Piercy by Desiree Murillo.(Janoff, Jeffrey)
February 16, 2010 Filing 18 WITHDRAWAL of #12 Motion for Discovery by Desiree Murillo. (Janoff, Jeffrey)
February 11, 2010 Filing 17 STIPULATION to File First Amended Complaint and Vacate Hearing by City of Woodland, Casey Sullivan. (Kilduff, Carolee)
February 11, 2010 Opinion or Order Filing 16 ORDER by Chief Judge Anthony W. Ishii ORDERING due to the recent appointment of Magistrate Judge Kendall J. Newman to the bench of the Eastern District, this action is REASSIGNED from Magistrate Judge Gregory G. Hollows to Magistrate Judge Kendall J. Newman. (Donati, J)
February 1, 2010 Opinion or Order Filing 15 ORDER signed by Magistrate Judge Gregory G. Hollows on 2/1/2010 ORDERING #12 joint statement, filing deadline due 3/4/2010. (Reader, L)
January 28, 2010 Filing 14 CONSENT to JURISDICTION by US MAGISTRATE JUDGE by Desiree Murillo. (Janoff, Jeffrey)
January 27, 2010 Filing 13 CONSENT to JURISDICTION by US MAGISTRATE JUDGE by City of Woodland, Casey Sullivan. (Kilduff, Carolee)
January 25, 2010 Filing 12 MOTION for DISCOVERY concerning law enforcement officers by Desiree Murillo. Motion Hearing set for 03/11/10 at 10:00 AM in Courtroom 9 (GGH) before Magistrate Judge Gregory G. Hollows. (Janoff, Jeffrey) Modified on 1/26/2010 (Davis, D). Modified on 1/29/2010 (Benson, A.).
January 25, 2010 Opinion or Order Filing 11 MINUTE ORDER: The Motion for Discovery, noticed for hearing before Judge Burrell on 3/8/10, is vacated. Pursuant to the Local Rules, Discovery Motions are to be noticed for hearing before the assigned Magistrate Judge. re #10 Motion for Discovery, Ordered by Judge Garland E. Burrell, Jr on 1/25/10. (Furstenau, S)
January 25, 2010 Filing 10 MOTION for DISCOVERY concerning law enforcement officers by Desiree Murillo. Motion Hearing set for 03/08/10 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr. (Janoff, Jeffrey) Modified on 1/29/2010 (Benson, A.).
December 30, 2009 Filing 9 MEMORANDUM by City of Woodland, Casey Sullivan in SUPPORT of #8 MOTION to DISMISS. (McTavish, Amie)
December 30, 2009 Filing 8 MOTION to DISMISS by City of Woodland, Casey Sullivan. Attorney McTavish, Amie Collins added. Motion Hearing set for 2/22/2010 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (McTavish, Amie)
December 10, 2009 Filing 7 STIPULATION to Extend Time to Appear (First Extension), by City of Woodland, Casey Sullivan. Attorney Kilduff, Carolee G. added. (Kilduff, Carolee) Modified on 12/14/2009 (Suttles, J).
November 12, 2009 Filing 6 CONSENT to JURISDICTION by US MAGISTRATE JUDGE by Desiree Murillo. (Janoff, Jeffrey) Modified on 1/6/2010 (Mena-Sanchez, L).
November 12, 2009 Filing 5 CONSENT to VDRP by Desiree Murillo.(Janoff, Jeffrey) (Mena-Sanchez, L).
November 10, 2009 Filing 4 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 3/15/2010 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Attachments: #1 Consent Forms, #2 VDRP Forms) (Carlos, K)
November 10, 2009 Filing 3 SUMMONS ISSUED as to *City of Woodland, Ryan Piercy, Casey Sullivan* with answer to complaint due within *20* days. Attorney *Jeffrey Davis Janoff* *Bostwick and Janoff* *111 West Saint John Street, Suite 1040* *San Jose, CA 95113*. (Carlos, K)
November 10, 2009 RECEIPT number #CAE200021368 $350.00 fbo Jeffrey Janoff by Jeffrey Janoff on 11/10/2009. (Carlos, K)
November 9, 2009 Filing 1 COMPLAINT for Damages against all defendants by Desiree Murillo. (Attachments: #2 Civil Cover Sheet)(Janoff, Jeffrey) Modified on 11/9/2009 (Duong, D). Modified on 11/10/2009 (Carlos, K).

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Plaintiff: Desiree Murillo
Represented By: Jeffrey Davis Janoff
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Defendant: City of Woodland
Represented By: Amie C. Bears
Represented By: Carolee G. Kilduff
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Defendant: Ryan Piercy
Represented By: John A. Lavra
Represented By: Jeri Lynn Pappone
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Defendant: Casey Sullivan
Represented By: Carolee G. Kilduff
Represented By: Amie C. Bears
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