Rough v. Costco Wholesale Corporation
Plaintiff: Megan Rough
Defendant: Costco Wholesale Corporation
Case Number: 2:2019cv01340
Filed: July 17, 2019
Court: US District Court for the Eastern District of California
Presiding Judge: Deborah Barnes
Referring Judge: Morrison C England
Nature of Suit: Labor: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Defendant
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Docket Report

This docket was last retrieved on October 4, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 10, 2021 Filing 72 NOTICE of Proposed Settlement of Related Action by Costco Wholesale Corporation. (Jacobson, David)
March 18, 2021 Filing 71 REPLY by Megan Rough re #58 Motion to Strike,. (Attachments: #1 Declaration of Nathan Reese, #2 Proof of Service)(Reese, Nathan)
March 12, 2021 Filing 70 MINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the 3/25/2021 hearing on the Motion to Strike #58 is vacated and submitted without appearance and argument. The opposition or statement of non-opposition and reply due dates shall be filed in accordance with the original motion hearing date. If the Court determines that oral argument is needed it will be scheduled at a later date. Any outstanding request for telephonic appearance is denied as moot. (Deutsch, S)
March 12, 2021 Filing 69 MINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the 3/25/2021 hearing on the Motion to Strike #58 is vacated and submitted without appearance and argument. The opposition or statement of non-opposition and reply due dates shall be filed in accordance with the original motion hearing date. If the Court determines that oral argument is needed it will be scheduled at a later date. Any outstanding request for telephonic appearance is denied as moot. (Deutsch, S)
March 11, 2021 Filing 68 REQUEST to FILE SUR-REPLY to Defendant's #44 Motion to Deny Class Certification by Megan Rough. (Attachments: #1 Declaration of Nathan Reese, #2 Proposed Order, #3 Proof of Service)(Reese, Nathan) Modified
March 11, 2021 Filing 67 OPPOSITION by Costco Wholesale Corporation to #58 Motion to Strike. (Jacobson, David)
March 4, 2021 Filing 66 REPLY by Megan Rough re #46 Motion to Certify Class,. (Attachments: #1 Proof of Service)(Reese, Nathan)
March 4, 2021 Filing 65 REPLY by Costco Wholesale Corporation in further SUPPORT of #54 Motion to Strike. (Jacobson, David) Modified on 3/5/2021 (Mena-Sanchez, L).
March 4, 2021 Filing 64 REPLY by Costco Wholesale Corporation in further SUPPORT of #55 Motion to Strike. (Jacobson, David) Modified on 3/5/2021 (Mena-Sanchez, L).
March 4, 2021 Filing 63 REPLY by Costco Wholesale Corporation in further SUPPORT of #44 Motion to Deny Class Certification. (Attachments: #1 Declaration of David D. Jacobson)(Jacobson, David) Modified on 3/5/2021 (Mena-Sanchez, L).
March 4, 2021 Filing 62 DESIGNATION of COUNSEL FOR SERVICE., attorney Jinouth Desiree Vasquez Santos terminated (Jacobson, David)
February 26, 2021 Filing 61 NOTICE of ERRATA by Megan Rough re #58 Motion to Strike. (Attachments: #1 Motion to Strike, #2 Proof of Service)(Reese, Nathan) Modified on 3/1/2021 (Mena-Sanchez, L).
February 25, 2021 Filing 60 OPPOSITION by Megan Rough to #55 Motion to Strike. (Attachments: #1 Declaration of Nathan Reese, #2 Proposed Order, #3 Proof of Service)(Reese, Nathan)
February 25, 2021 Filing 59 OPPOSITION by Megan Rough to #54 Motion to Strike. (Attachments: #1 Declaration of Nathan Reese, #2 Proposed Order, #3 Proof of Service)(Reese, Nathan)
February 25, 2021 Filing 58 MOTION to STRIKE evidence in support of Motion to Deny Certification by Megan Rough. Motion Hearing SET for 3/25/2021 at 02:00 PM in Courtroom 7 (MCE) before Senior Judge Morrison C. England, Jr. (Attachments: #1 Memorandum, #2 Declaration of Nathan Reese, #3 Proposed Order, #4 Proof of Service)(Reese, Nathan) Modified on 2/26/2021 (Coll, A).
February 16, 2021 Filing 57 OPPOSITION by Megan Rough to #44 Motion to Deny Class Certification. (Attachments: #1 Declaration of Graham S.P. Hollis, #2 Declaration of Nathan Reese, #3 Request for Judicial Notice, #4 Appendix of Evidence, #5 Objection to Declarations, #6 Proposed Order, #7 Proof of Service)(Reese, Nathan)
February 16, 2021 Filing 56 OPPOSITION by Costco Wholesale Corporation to #46 Motion to Certify Class. (Attachments: #1 Objection to Plaintiff's Expert Declarations, #2 Objection to Plaintiff's Declarations, #3 Appendix of Evidence)(Jacobson, David)
February 11, 2021 Filing 55 DAUBERT MOTION to STRIKE Krosnick, Lackritz, and Judge Testimony re #46 Motion to Certify Class. by Costco Wholesale Corporation. (Attachments: #1 Declaration of Emil Czechowski)(Kadue, David) Modified on 2/12/2021 (Reader, L).
February 11, 2021 Filing 54 MOTION to STRIKE Portions of Plaintiff's Evidence re #46 Motion to Certify Class,. by Costco Wholesale Corporation. (Attachments: #1 Declaration of David Kadue)(Kadue, David)
January 26, 2021 Filing 53 REPLY by Megan Rough re #51 Ex Parte Application,. (Attachments: #1 Proof of Service)(Reese, Nathan)
January 25, 2021 Filing 52 OPPOSITION by Costco Wholesale Corporation to #51 Ex Parte Application,. (Attachments: #1 Declaration of Jinouth D. Vasquez Santos (Exhibits 1-9))(Vasquez Santos, Jinouth)
January 22, 2021 Filing 51 EX PARTE APPLICATION to REOPEN FURTHER DISCOVERY by Megan Rough and Modifying the Scheduling Order to Continue the Dates Associated with Class Certification. (Attachments: #1 Declaration Nathan Reese, #2 Proposed Order, #3 Proof of Service)(Reese, Nathan) Modified on 1/25/2021 (Benson, A.).
January 22, 2021 Filing 50 MINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the 3/11/2021 hearing on the Motion to Certify Class #46 is vacated and submitted without appearance and argument. The opposition or statement of non-opposition and reply due dates shall be filed in accordance with the original motion hearing date. If the Court determines that oral argument is needed it will be scheduled at a later date. Any outstanding request for telephonic appearance is denied as moot. (Deutsch, S)
January 21, 2021 Filing 49 MINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: On the Court's own motion, the Order #47 granting Plaintiff's Ex Parte Application for Modification of Scheduling Order is STRICKEN as error and the Ex Parte Application #41 is DENIED as moot pursuant to the filing of the Motion for Class Certification #46 . (Deutsch, S)
January 21, 2021 Filing 48 REPLY by Costco Wholesale Corporation in support of #39 Motion for Summary Judgment. (Attachments: #1 Declaration of David D. Kadue)(Kadue, David) Modified on 1/22/2021 (Coll, A).
January 20, 2021 Opinion or Order Filing 47 ORDER signed by Senior Judge Morrison C. England, Jr., GRANTING #41 plaintiff's ex parte application and MODIFYING the scheduling order as follows: Non-expert discovery shall be completed by 3/12/2021; plaintiff shall file her motion for class certification no later than 3/22/2021; the deadline to file opposition briefs regarding class certification is 4/19/2021; the deadline to file a reply brief regarding class certification is 5/3/2021. (Kastilahn, A)
January 19, 2021 Filing 46 MOTION to CERTIFY CLASS by Megan Rough. Motion Hearing set for 3/11/2021 at 02:00 PM in Courtroom 7 (MCE) before Senior Judge Morrison C. England Jr. (Attachments: #1 Points and Authorities, #2 Appendix of Evidence Vol. 1, #3 Appendix of Evidence Vol. 2, #4 Appendix of Evidence Vol. 3, #5 Appendix of Evidence Vol. 4, #6 Appendix of Evidence Vol. 5, #7 Plaintiff's Request for Judicial Notice, #8 Proposed Order, #9 Response)(Reese, Nathan)
January 19, 2021 Filing 45 MINUTE ORDER issued by Relief Courtroom Deputy L. Kennison for Senior District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the 3/25/2021 hearing on the Motion to Deny Class Certification (ECF No. #44 ) is vacated and submitted without appearance and argument. The opposition or statement of non-opposition and reply due dates shall be filed in accordance with the original motion hearing date. If the Court determines that oral argument is needed it will be scheduled at a later date. Any outstanding request for telephonic appearance is denied as moot. (Text Only Entry) (Kennison, L)
January 19, 2021 Filing 44 MOTION to DENY CLASS CERTIFICATION by Costco Wholesale Corporation. (Attachments: #1 Memorandum of Points & Authorities, #2 Appendix of Evidence, #3 Export Report, #4 Rebuttal Report, #5 Supplemental Declaration, #6 Management Declarations, #7 Hourly Employee Declarations, #8 Declaration of Jinouth D. Vasquez Santos, #9 Proposed Order)(Vasquez Santos, Jinouth) Modified on 1/20/2021 (Coll, A).
January 14, 2021 Filing 43 OPPOSITION by Megan Rough to #39 Motion for Summary Judgment,. (Attachments: #1 Declaration Graham S.P. Hollis, #2 Separate Statement, #3 Request for Judicial Notice, #4 Proposed Order, #5 Proof of Service)(Reese, Nathan) Modified on 1/19/2021 (Reader, L).
January 12, 2021 Filing 42 OPPOSITION by Costco Wholesale Corporation to #41 Ex Parte Application,. (Attachments: #1 Declaration of Jinouth D. Vasquez Santos in Support (with Exhibits 1-7), #2 Declaration of Jonathan Wilson in Support (with Exhibit 8))(Vasquez Santos, Jinouth)
January 11, 2021 Filing 41 EX PARTE APPLICATION FOR MODIFICATION OF SCHEDULING ORDER by Megan Rough to Permit Further Discovery and Continue Dates Associated with Class Certification. (Attachments: #1 Declaration of Nathan Reese, #2 Proposed Order, #3 Proof of Service)(Reese, Nathan) Modified on 1/11/2021 (Reader, L).
January 4, 2021 Filing 40 MINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the 1/28/2021 hearing on the Motion for Summary Judgment #39 vacated and submitted without appearance and argument. The opposition or statement of non-opposition and reply due dates shall be filed in accordance with the original motion hearing date. If the Court determines that oral argument is needed it will be scheduled at a later date. Any outstanding request for telephonic appearance is denied as moot. (Deutsch, S)
December 31, 2020 Filing 39 MOTION FOR PARTIAL SUMMARY JUDGMENT by Costco Wholesale Corporation. Motion Hearing set for 1/28/2021 at 02:00 PM in Courtroom 7 (MCE) before Senior Judge Morrison C. England, Jr. (Attachments: #1 Memorandum, #2 Statement of Undisputed Facts , #3 Appendix of Evidence in Support (Declarations of David Kadue and Sarah Rajski; Exhibits 1-7), #4 Proposed Order)(Kadue, David) Modified on 1/4/2021 (Benson, A.).
November 18, 2020 Opinion or Order Filing 38 STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Deborah Barnes on 11/17/2020. (Huang, H)
November 16, 2020 Filing 37 STIPULATION and PROPOSED ORDER for Protective Order for Standard Litigation by Megan Rough. (Attachments: #1 Proof of Service)(Reese, Nathan)
September 24, 2020 Filing 36 REPLY in further support of #33 Motion to Dismiss by Costco Wholesale Corporation. (Jacobson, David) Modified on 9/25/2020 (Huang, H).
September 17, 2020 Filing 35 OPPOSITION by Megan Rough to #33 Motion to Dismiss. (Attachments: #1 Proposed Order, #2 Proof of Service)(Reese, Nathan)
August 31, 2020 Filing 34 MINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the 10/1/2020 hearing on the Motion to Dismiss and Motion to Strike #33 is vacated and submitted without appearance and argument. The opposition or statement of non-opposition and reply due dates shall be filed in accordance with the original motion hearing date. If the Court determines that oral argument is needed it will be scheduled at a later date. Any outstanding request for telephonic appearance is denied as moot. (Deutsch, S)
August 25, 2020 Filing 33 MOTION to DISMISS, MOTION to STRIKE by Costco Wholesale Corporation. Motion Hearing set for 10/1/2020 at 02:00 PM in Courtroom 7 (MCE) before Senior Judge Morrison C. England Jr. (Attachments: #1 Memorandum, #2 Proposed Order)(Jacobson, David) Modified on 8/26/2020 (Reader, L).
August 12, 2020 Filing 32 FIRST AMENDED COMPLAINT by Megan Rough. (Attachments: #1 Proof of Service)(Reese, Nathan) Modified on 8/13/2020 (Kastilahn, A).
August 11, 2020 Opinion or Order Filing 31 ORDER signed by Senior Judge Morrison C. England, Jr. on 8/10/2020 GRANTING #19 Motion to Amend the Complaint. Plaintiff is DIRECTED to file her First Amended Complaint not later than 5 days following the date this Order is electronically filed. If no First Amended Complaint is timely filed, the case shall proceed on the operative Complaint. (Huang, H)
July 13, 2020 Opinion or Order Filing 30 MINUTE ORDER: (TEXT ONLY) DENYING #27 Motion to Compel signed by Magistrate Judge Deborah Barnes on 07/13/2020. Plaintiff's #27 Motion to compel is denied without prejudice and the July 17, 2020 hearing vacated pursuant to Local Rule 251(a).(Van Dine, B)
July 6, 2020 Filing 29 NOTICE to RESCHEDULE HEARING on #27 Motion to Compel, : Motion Hearing set for 7/17/2020 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. (Attachments: #1 Proof of Service)(Reese, Nathan)
June 18, 2020 Filing 28 REPLY by Megan Rough in support of #19 Motion to Amend the Complaint/Petition. (Attachments: #1 Request for Judicial Notice, #2 Proof of Service) (Reese, Nathan) Modified on 6/19/2020 (York, M).
June 15, 2020 Filing 27 MOTION to COMPEL Discovery Responses by Megan Rough. Motion Hearing set for 7/10/2020, at 10:00 AM, in Courtroom 27 (DB), before Magistrate Judge Deborah Barnes. (Attachments: #1 Proof of Service)(Reese, Nathan) Modified on 6/16/2020 (York, M).
June 12, 2020 Filing 26 NOTICE of ERRATUM by Costco Wholesale Corporation re #25 Opposition to Motion. (Kadue, David) Modified on 6/15/2020 (York, M).
June 11, 2020 Filing 25 OPPOSITION by Costco Wholesale Corporation to #19 Motion to Amend the Complaint. (Jacobson, David)
June 11, 2020 Opinion or Order Filing 24 ORDER signed by Senior Judge Morrison C. England, Jr. on 6/10/2020 GRANTING #22 Stipulation and MODIFYING initial scheduling order as follows: Non-expert discovery completion by 12/18/2020. Motions regarding class certification filed by 1/19/2021. If a Court determines at a later date that a hearing is warranted, it will set a date on the Court's regular calendar. Opposition briefs regarding class certification filed by 2/16/2021. Reply briefs regarding class certification filed by 3/5/2021. Designate experts regarding class certification by 10/23/2020. Designate rebuttal experts regarding class certification by 11/20/2020. Deadline to depose expert witnesses for class certification by 12/11/2020. Not later than 20 days following the date an order issues on any motion(s) pertaining to class certification, the parties shall file a Joint Status Report regarding trial-related dates. (York, M)
June 3, 2020 Opinion or Order Filing 23 MINUTE ORDER: (TEXT ONLY) signed by Magistrate Judge Deborah Barnes on 06/03/2020. Review of the parties' informal telephonic discovery conference letter brief finds that the parties' dispute is not suitable for resolution via the informal telephonic discovery process. Accordingly, the June 5, 2020 informal telephonic discovery conference is vacated. The parties should meet and confer and, if still unable to resolve their dispute, consult Local Rule 251. (Van Dine, B)
June 3, 2020 Filing 22 STIPULATION and PROPOSED ORDER for Modify Initial Scheduling Order by Megan Rough. (Attachments: #1 Proposed Order, #2 Proof of Service)(Reese, Nathan) Modified on 6/4/2020 (Kastilahn, A).
June 2, 2020 Filing 21 JOINT INFORMAL DISCOVERY DISPUTE LETTER BRIEF filed by Megan Rough. (Attachments: #1 Proof of Service)(Reese, Nathan)
May 28, 2020 Filing 20 MINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the 6/25/2020 hearing on the Motion to Amend the Notice of Removal #19 is vacated and submitted without appearance and argument. The opposition or statement of non-opposition and reply due dates shall be filed in accordance with the original motion hearing date. If the Court determines that oral argument is needed it will be scheduled at a later date. Any outstanding request for telephonic appearance is denied as moot. (Deutsch, S)
May 28, 2020 Filing 19 MOTION for LEAVE to FILE FIRST AMENDED COMPLAINT by Megan Rough. Motion Hearing set for 6/25/2020 at 02:00 PM in Courtroom 7 (MCE) before Senior Judge Morrison C. England Jr. (Attachments: #1 Points and Authorities, #2 Declaration, #3 Proposed Order, #4 Proof of Service)(Reese, Nathan) Modified on 5/29/2020 (Huang, H).
May 28, 2020 Filing 18 MINUTE ORDER: (TEXT ONLY) by Courtroom Deputy for Magistrate Judge Deborah Barnes on 5/28/2020. IT IS HEREBY ORDERED: Per communication with the parties, an Informal Telephonic Discovery Conference is set for 6/5/2020 at 02:30 PM in the Chambers of Magistrate Judge Deborah Barnes. FURTHERMORE: Two work-days prior to the hearing, the parties shall file a joint letter, no later than 10:00 a.m., briefly explaining what meet and confer efforts they have undertaken and providing a synopsis of the discovery dispute. The joint letter brief shall be no more than two (2) pages in length, including any exhibits or attachments (which are discouraged), and shall be in at least 12-point type. To access the conference call, parties are instructed to dial the following toll-free number: (877) 336-1828; and enter access code:1864917.I HEREBY CERTIFY that the foregoing is a true and correct statement of an order made in the above-captioned case.(Buzo, P)
April 21, 2020 Opinion or Order Filing 17 MEMORANDUM and ORDER signed by Senior Judge Morrison C. England, Jr. on 4/21/20 DENYING #11 Motion to Change Venue. (Kaminski, H)
April 20, 2020 Filing 16 REQUEST for JUDICIAL NOTICE by Megan Rough in re #13 Opposition to Motion. (Attachments: #1 Proof of Service)(Reese, Nathan)
March 11, 2020 Filing 15 REPLY by Costco Wholesale Corporation re #11 Motion to Change Venue,. (Kadue, David)
March 10, 2020 Opinion or Order Filing 14 MEMORANDUM AND ORDER signed by Senior Judge Morrison C. England, Jr. on 3/10/2020 DENYING #5 Motion to Remand. (Mena-Sanchez, L)
March 5, 2020 Filing 13 OPPOSITION by Megan Rough to #11 Motion to Change Venue. (Attachments: #1 Request for Judicial Notice, #2 Proposed Order, #3 Proof Service)(Reese, Nathan) Modified on 3/6/2020 (Kaminski, H).
February 11, 2020 Filing 12 MINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the 3/19/2020 hearing on the Motion to Change Venue #11 is vacated and submitted without appearance and argument. The opposition or statement of non-opposition and reply due dates shall be filed in accordance with the original motion hearing date. If the Court determines that oral argument is needed it will be scheduled at a later date. Any outstanding request for telephonic appearance is denied as moot. (Deutsch, S)
February 10, 2020 Filing 11 MOTION to CHANGE VENUE to the Central District of California by Costco Wholesale Corporation. Attorney Kadue, David D. added. Motion Hearing set for 3/19/2020 at 02:00 PM in Courtroom 7 (MCE) before Senior Judge Morrison C. England Jr.. (Attachments: #1 Memorandum Of Points And Authorities, #2 Declaration of David D. Kadue, #3 Request for Judicial Notice, #4 Proposed Order)(Kadue, David) Modified on 2/11/2020 (Zignago, K.).
September 27, 2019 Filing 10 NOTICE of pending other cases by Costco Wholesale Corporation. (Jacobson, David)
September 25, 2019 Filing 9 JOINT STATUS REPORT by Megan Rough. (Attachments: #1 Certificate of Service)(Reese, Nathan)
September 12, 2019 Filing 8 REPLY by Megan Rough in SUPPORT of #5 Motion to Remand. (Attachments: #1 Proof of Service)(Reese, Nathan) Modified on 9/12/2019 (Mena-Sanchez, L).
September 4, 2019 Filing 7 OPPOSITION by Costco Wholesale Corporation to #5 Motion to Remand. (Attachments: #1 Declaration) (Jacobson, David) Modified on 9/5/2019 (York, M).
August 20, 2019 Filing 6 MINUTE ORDER (Text Only) issued by courtroom deputy for District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the September 19, 2019 hearing on the Motion to Remand #5 is vacated and submitted without appearance and argument. The opposition or statement of non-opposition and reply due dates shall be filed in accordance with the original motion hearing date. If the Court determines that oral argument is needed it will be scheduled at a later date. Any outstanding request for telephonic appearance is denied as moot. (Deutsch, S)
August 16, 2019 Filing 5 MOTION to REMAND to State Court by Megan Rough. Motion Hearing SET for 9/19/2019 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England Jr. (Attachments: #1 Points and Authorities, #2 Proposed Order, #3 Proof of Service)(Reese, Nathan) Modified on 9/12/2019 (Mena-Sanchez, L).
August 16, 2019 Filing 4 DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Costco Wholesale Corporation. (Jacobson, David)
August 9, 2019 Filing 3 NOTICE OF PENDING OTHER CASE by Costco Wholesale Corporation. Attorney Jacobson, David D. added. (Jacobson, David) Modified on 8/14/2019 (Mena-Sanchez, L).
July 17, 2019 Filing 2 CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: #1 Consent Form, #2 VDRP) (Coll, A)
July 17, 2019 Filing 1 NOTICE of REMOVAL from Superior Court, County of Solano, case number FSC052953 by Costco Wholesale Corporation. (Filing fee $ 400, receipt number 0972-8362146) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet, #5 Declaration, #6 Notice of Related Cases, #7 Corporate Disclosure Statement)(Vasquez Santos, Jinouth)

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Defendant: Costco Wholesale Corporation
Represented By: Jinouth D. Vasquez Santos
Represented By: David D. Jacobson
Represented By: David D. Kadue
Represented By: Jinouth Desiree Vasquez Santos
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Plaintiff: Megan Rough
Represented By: Nathan Jeremy Reese
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