Anderson v. Credit One Bank, National Association et al
Plaintiff: Anderson and Rodger Dean Anderson
Defendant: Credit One Bank, National Association and Does 1 through 100
Case Number: 3:2016cv03125
Filed: December 31, 2016
Court: US District Court for the Southern District of California
Office: San Diego Office
County: San Diego
Presiding Judge: Michael M Anello
Referring Judge: Andrew G Schopler
Nature of Suit: P.I.: Other
Cause of Action: 47 U.S.C. ยง 0227
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 30, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 30, 2019 Opinion or Order Filing 72 ORDER granting #71 Joint Motion to Dismiss action with prejudice. Signed by Judge Michael M. Anello on 9/30/2019. (jpp)
September 30, 2019 Opinion or Order Filing 71 Joint MOTION to Dismiss of Entire Action with Prejudice, Pursuant to FRCP 41(a)(1) by Credit One Bank, National Association. (Kaminski, David) (rmc).
September 16, 2019 Opinion or Order Filing 70 Order re: Status Report. The Court orders the parties to file a report regarding the status of the arbitration proceedings on or before 10/4/2019. Signed by Judge Michael M. Anello on 9/16/2019.(rmc)
November 15, 2018 Opinion or Order Filing 69 ORDER (MLG): On November 7, 2018, Judge Schopler's email address received an unsolicited, ex parte email from plaintiff Anderson in this stayed and administratively closed case. Because Judge Schopler is temporarily unavailable, the issue was forwarded to the undersigned. In keeping with local policy, see CivLR 83.9, the Court rejected the email without further action once it became apparent that it was an ex parte communication. Because the email included some mention of the negotiations during a settlement conference, the Court declines to put it on the record. Instead, plaintiff is admonished that (1) while represented he must communicate with the Court through his attorney and, in any event, (2) must not send the Court ex parte communications. Signed by Magistrate Judge Marc L. Goldman on 11/15/2018.(no document attached) (mxa)
May 18, 2018 Opinion or Order Filing 68 ORDER Granting #48 Defendant's Motion to Strike the Errata to Plaintiff's Deposition; Granting #47 Defendant's Motion for Reconsideration; and Granting #10 Defendant's Motion to Compel Arbitration. The Court grants Defendant's motion to strike the errata to Plaintiff's deposition and grants Defendant's motion for reconsideration. Additionally, the Court grants Defendant's motion to compel arbitration and stays this action. The Clerk of Court is instructed to terminate all pending motions, deadlines, and hearings, and administratively close the case. The parties must notify the Court within 7 days of the conclusion of arbitration proceedings. Signed by Judge Michael M. Anello on 5/17/2018. (rmc) (sjt).
May 7, 2018 Filing 67 NOTICE of Appearance by Charles R Messer on behalf of Credit One Bank, National Association (Messer, Charles)Attorney Charles R Messer added to party Credit One Bank, National Association(pty:dft) (rmc).
May 7, 2018 Filing 66 MEMORANDUM OF FACTS AND CONTENTIONS OF LAW by Credit One Bank, National Association. (Kaminski, David) (rmc).
May 7, 2018 Filing 65 Pretrial Disclosures by Credit One Bank, National Association (Kaminski, David) (rmc).
May 7, 2018 Filing 64 Notice of Document Discrepancies and Order Thereon by the Chambers of Judge Michael M. Anello Accepting re #61 In Limine MOTION to Exclude any Reference to or Evidence of Plaintiffs Previously Filed Bankruptcy, #60 In Limine MOTION to Exclude Any Reference to or Evidence of Attorneys' Fees, from Plaintiff Rodger Dean Anderson. Non-compliance with local rule(s), Civil Chambers Rule IX: Each side is limited to a maximum of ten (10) motions in limine. Each side's motions in limine must be supported by a single brief, not to exceed thirty (30) pages in length. It is hereby ordered: The document is accepted despite the discrepancy noted above. Any further non-compliant documents may be stricken from the record. (rmc)
May 7, 2018 Filing 63 CERTIFICATE OF SERVICE by Rodger Dean Anderson (Menard, Jeffrey) (rmc).
May 7, 2018 Filing 62 Pretrial Disclosures by Rodger Dean Anderson (Menard, Jeffrey) (rmc).
May 7, 2018 Filing 61 In Limine MOTION to Exclude any Reference to or Evidence of Plaintiffs Previously Filed Bankruptcy by Rodger Dean Anderson. (Menard, Jeffrey) (rmc).
May 7, 2018 Filing 60 In Limine MOTION to Exclude Any Reference to or Evidence of Attorneys' Fees by Rodger Dean Anderson. (Menard, Jeffrey) (rmc).
May 7, 2018 Filing 59 MEMORANDUM OF FACTS AND CONTENTIONS OF LAW by Rodger Dean Anderson. (Menard, Jeffrey) (rmc).
March 21, 2018 Opinion or Order Filing 58 Minute Order Taking Motions Under Submission: Defendant's #47 MOTION for Reconsideration, #48 MOTION to Strike, and #49 MOTION for Summary Judgment, or in the alternative, Partial Summary Judgment, are currently set for hearing on March 26, 2018. The Court finds these matters suitable for determination on the papers and without oral argument pursuant to Civil Local Rule 7.1.d.1. Accordingly, no appearances are required and the hearings shall be taken off calendar. SO ORDERED by Judge Michael M. Anello on March 21, 2018.(no document attached) (jgc)
March 19, 2018 Filing 57 REPLY to Response to Motion re #49 MOTION for Summary Judgment , or in the Alternative, Partial Summary Judgment; Memorandum in Support filed by Credit One Bank, National Association. (Attachments: #1 Declaration of Gary Harwood, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Defendant's Evidentiary Objections to the Declaration of Rodger Dean Anderson in Opposition to Motion for Summary Judgment [54-1])(Kaminski, David) (rmc).
March 19, 2018 Filing 56 REPLY to Response to Motion re #47 MOTION for Reconsideration re #16 Order on Motion to Stay, Order on Motion to Compel ; Memorandum of Point and Authorities filed by Credit One Bank, National Association. (Attachments: #1 Declaration of Jeffrey Meek, #2 Exhibit A)(Wade, Alex) (rmc).
March 19, 2018 Filing 55 REPLY to Response to Motion re #48 MOTION to Strike Errata to Deposition of Rodger Dean Anderson; Memorandum of Points and Authorities filed by Credit One Bank, National Association. (Wade, Alex) (rmc).
March 8, 2018 Filing 54 RESPONSE in Opposition re #49 MOTION for Summary Judgment , or in the Alternative, Partial Summary Judgment; Memorandum in Support filed by Rodger Dean Anderson. (Attachments: #1 Exhibit 1, #2 Exhibit 4, #3 Exhibit 5, #4 Exhibit 6, #5 Notice of Lodgment, #6 Response to Statement of Undisputed Facts, #7 Proof of Service)(Menard, Jeffrey) (rmc).
March 8, 2018 Filing 53 RESPONSE in Opposition re #47 MOTION for Reconsideration re #16 Order on Motion to Stay, Order on Motion to Compel ; Memorandum of Point and Authorities filed by Rodger Dean Anderson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Declaration of Plaintiff, #4 Proof of Service)(Menard, Jeffrey) (rmc).
March 8, 2018 Filing 52 RESPONSE in Opposition re #48 MOTION to Strike Errata to Deposition of Rodger Dean Anderson; Memorandum of Points and Authorities filed by Rodger Dean Anderson. (Attachments: #1 Proof of Service)(Menard, Jeffrey) Courtesy QC mail sent re hearing date (rmc).
February 22, 2018 Filing 51 CERTIFICATE OF SERVICE by Credit One Bank, National Association re #50 Supplemental Document, (Kaminski, David) (acc).
February 21, 2018 Filing 50 SUPPLEMENTAL DOCUMENT by Credit One Bank, National Association re #49 MOTION for Summary Judgment , or in the Alternative, Partial Summary Judgment; Memorandum in Support re: Defendant's Separate Statement of Undisputed Material Facts in Support of Defendant's Motion for Summary Judgment. (Kaminski, David) (rmc).
February 21, 2018 Filing 49 MOTION for Summary Judgment , or in the Alternative, Partial Summary Judgment; Memorandum in Support by Credit One Bank, National Association. (Attachments: #1 Declaration of Gary Harwood, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Declaration of Alex A. Wade, #9 Exhibit 1, #10 Exhibit 2, #11 Exhibit 3, #12 Exhibit 4, #13 Exhibit 5)(Kaminski, David) (rmc).
February 20, 2018 Filing 48 MOTION to Strike Errata to Deposition of Rodger Dean Anderson; Memorandum of Points and Authorities by Credit One Bank, National Association. (Attachments: #1 Declaration of Alex A. Wade, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6)(Wade, Alex) (rmc).
February 20, 2018 Filing 47 MOTION for Reconsideration re #16 Order on Motion to Stay, Order on Motion to Compel ; Memorandum of Point and Authorities by Credit One Bank, National Association. (Attachments: #1 Declaration of Alex A. Wade, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(Wade, Alex) (rmc).
February 20, 2018 Opinion or Order Filing 46 ORDER Granting #43 Defendant's Ex Parte Motion to Extend Pretrial Motion Deadline. All dispositive pretrial motions must be filed by 2/21/2018. The remaining dates set forth in the Court's 8/16/2017 Scheduling Order #25 remain in effect. Signed by Judge Michael M. Anello on 2/20/2018. (rmc)
February 16, 2018 Opinion or Order Filing 45 Minute Order Re: #43 Ex Parte Motion to Extend Pretrial Motion Deadline: The Court will issue an order on Defendant's pending #43 Ex Parte Motion to Extend the Pretrial Motion Deadline on Tuesday, February 20, 2018. During the interim, the Court tolls the pretrial dispositive motion deadline. IT IS SO ORDERED by Judge Michael M. Anello on 2/16/18. (no document attached) (jgc)
February 16, 2018 Filing 44 RESPONSE in Opposition re #43 Ex Parte MOTION to Extend Pretrial Motion Deadline filed by Rodger Dean Anderson. (Menard, Jeffrey) (rmc).
February 16, 2018 Filing 43 Ex Parte MOTION to Extend Pretrial Motion Deadline by Credit One Bank, National Association. (Attachments: #1 Declaration of David J. Kaminski)(Kaminski, David) (rmc).
January 30, 2018 Opinion or Order Filing 42 ORDER Granting in Part #40 Defendant's Ex Parte Motion to Extend Pretrial Motion Deadline. All dispositive pretrial motions must be filed by 2/16/2018. The remaining dates set forth in the Court's 8/16/2017 Scheduling Order remain in effect. Signed by Judge Michael M. Anello on 1/30/2018. (rmc)
January 29, 2018 Filing 41 RESPONSE in Opposition re #40 Ex Parte MOTION to Extend Pretrial Motion Deadline filed by Rodger Dean Anderson. (Menard, Jeffrey) (rmc).
January 29, 2018 Filing 40 Ex Parte MOTION to Extend Pretrial Motion Deadline by Credit One Bank, National Association. (Attachments: #1 Affidavit of Alex A. Wade)(Wade, Alex) (rmc).
January 10, 2018 Filing 39 MINUTE ENTRY (AGS): On January 10, 2018, the Court held a telephonic status conference concerning the mediator's proposal. The case did not settle. (CD# 1/10/2018 AGS 18 4:25-4:30). (Plaintiff Attorney Jeffrey Menard). (Defendant Attorney Charles R. Messer). (no document attached) (mxa)
January 3, 2018 Filing 38 MINUTE ENTRY (AGS): On January 3, 2018, the Court held a mandatory settlement conference and provided the parties a mediator's proposal. By 3:00 p.m. on January 10, 2018, the parties shall each call in to chambers to indicate their acceptance or rejection of the proposal. The Court will then hold a telephonic status conference on January 10, 2018, at 4:00 p.m. (Plaintiff Attorney Jeffrey R. Menard). (Defendant Attorney Charles R. Messer). (no document attached) (mxa)
December 13, 2017 Filing 37 MINUTE ENTRY (AGS): On December 13, 2017, the Court held the Mandatory Settlement Conference. The case did not settle. By December 22, 2017, defendant must provide to plaintiff all call logs and call recordings involved in plaintiff's claims. A continued settlement conference will be held on January 3, 2018, at 2:00 p.m. The parties may lodge any additional briefing by December 27, 2017. Defendant's representative may appear telephonically at the January 3, 2018 settlement conference.(Plaintiff Attorney Jeffrey R. Menard). (Defendant Attorney Charles R. Messer). (no document attached) (mxa)
November 29, 2017 Opinion or Order Filing 36 ORDER (AGS): The parties' joint motion for a telephonic appearance (ECF No. #35 ) for defendant's representative at the upcoming mandatory settlement conference is granted. Defendant's representative must be available to participate by phone throughout the proceeding. Signed by Magistrate Judge Andrew G. Schopler on 11/29/2017. (no document attached) (mxa)
November 28, 2017 Filing 35 Joint MOTION For Telephonic Appearance of Defendant's Representative at Mandatory Settlement Conference by Credit One Bank, National Association. (Wade, Alex) (rmc).
November 16, 2017 Opinion or Order Filing 34 ORDER (AGS): The parties' joint motion to continue the discovery dates (ECF No. #33 ) is granted in part and denied in part. The discovery cutoff is extended to February 2, 2018. The Court will consider any further modification to the scheduling order should the case not settle at or before the December 13, 2017 Mandatory Settlement Conference. Signed by Magistrate Judge Andrew G. Schopler on 11/16/2017. (no document attached) (mxa)
November 15, 2017 Filing 33 Joint MOTION to Extend Discovery Cut-Off Deadline and Pretrial Dispositive Motion Deadline by Credit One Bank, National Association. (Wade, Alex) (ag).
November 2, 2017 Opinion or Order Filing 32 ORDER (AGS): Due to the Court's schedule, the Mandatory Settlement Conference in this case is reset to December 13, 2017, at 2:00 p.m. The parties' MSC briefs are now due December 6, 2017. (no document attached) (mxa)
October 17, 2017 Opinion or Order Filing 31 ORDER Denying Defendant's #26 Motion to Stay. Signed by Judge Michael M. Anello on 10/17/2017. (ag)
October 11, 2017 Opinion or Order Filing 30 Minute Order Taking Motion Under Submission: Defendant's #26 MOTION to Stay is currently set for hearing on October 16, 2017. The Court finds this matter suitable for determination on the papers and without oral argument pursuant to Civil Local Rule 7.1.d.1. Accordingly, no appearances are required and the hearing shall be taken off calendar. SO ORDERED by Judge Michael M. Anello on October 11, 2017.(no document attached) (jgc)
October 9, 2017 Filing 29 REPLY to Response to Motion re #26 MOTION to Stay filed by Credit One Bank, National Association. (Kaminski, David) (ag).
September 2, 2017 Filing 28 RESPONSE in Opposition re #26 MOTION to Stay filed by Rodger Dean Anderson. (Menard, Jeffrey) (ag).
August 22, 2017 Filing 27 REQUEST FOR JUDICIAL NOTICE by Credit One Bank, National Association re #26 MOTION to Stay (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Kaminski, David) (ag).
August 22, 2017 Filing 26 MOTION to Stay by Credit One Bank, National Association. (Attachments: #1 Memo of Points and Authorities)(Kaminski, David) (ag).
August 16, 2017 Opinion or Order Filing 25 SCHEDULING ORDER Regulating Discovery and Other Pretrial Proceedings: A Case Management Conference was held on 8/16/2017. A Mandatory Settlement Conference is set for 12/15/2017 at 2:00 PM in the chambers of Magistrate Judge Andrew G. Schopler. The parties must file their Memorandum of Contentions of Fact and Law by 5/7/2018. The Proposed Final Pretrial Conference Order is due by 6/29/2018. The Final Pretrial Conference is set for 6/4/2018 at 2:30 PM before Judge Michael M. Anello. Trial is set for 7/10/2018 at 9:00 AM before Judge Michael M. Anello. Signed by Magistrate Judge Andrew G. Schopler on 8/16/2017.(ag)
August 16, 2017 Filing 24 MINUTE ENTRY (AGS): On August 16, 2017, the Court held a telephonic ENE and CMC. The case did not settle. Scheduling order to follow. (Plaintiff Attorney Jeffrey R. Menard) (Defendant Attorneys David J. Kaminski & Alex A. Wade) (no document attached) (mxa)
August 9, 2017 Filing 23 JOINT DISCOVERY PLAN by Credit One Bank, National Association (Wade, Alex) (aef).
August 2, 2017 Opinion or Order Filing 22 ORDER (AGS): The parties' motion for leave to appear telephonically (ECF No. #21 ) is granted. The ENE and CMC will be held telephonically with attorneys only. Plaintiff will set up the initial joint call to chambers to begin the hearing. Signed by Magistrate Judge Andrew G. Schopler on 08/02/2017. (no document attached) (mxa)
August 1, 2017 Filing 21 Joint MOTION for Leave to Appear Telephonic (Attorneys-Only) for ENE Conference by Credit One Bank, National Association. (Wade, Alex) (ag).
June 7, 2017 Opinion or Order Filing 20 ORDER (AGS): The parties' joint motion to continue [ECF No. 19] is granted. The Case Management Conference and Early Neutral Evaluation are reset for August 16, 2017, at 9:00 AM before Magistrate Judge Andrew G. Schopler. The joint discovery plan and ENE briefs are due August 9, 2017. Finally, defendant's representative may appear telephonically at the ENE. Signed by Magistrate Judge Andrew G. Schopler on 06/07/2017.(no document attached) (mxa)
June 5, 2017 Filing 19 MOTION to Continue Early Neutral Evaluation and Case Management Conference and Excusing Personal Appearance of Defendant by Credit One Bank, National Association. (Attachments: #1 Proof of Service)(Wade, Alex) (jpp).
May 26, 2017 Filing 18 NOTICE of Appearance by David J Kaminski on behalf of Credit One Bank, National Association (Kaminski, David)Attorney David J Kaminski added to party Credit One Bank, National Association(pty:dft) (ag).
May 25, 2017 Opinion or Order Filing 17 NOTICE AND ORDER: (1) for Early Neutral Evaluation and (2) Setting Rule 26 Compliance and Case Management Conference. An Early Neutral Evaluation and Case Management Conference is set for 6/15/2017 at 9:00 AM in the chambers of Magistrate Judge Andrew G. Schopler. A Joint Discovery Plan is due by 6/8/2017. Signed by Magistrate Judge Andrew G. Schopler on 5/25/2017.(ag) (jao).
May 23, 2017 Opinion or Order Filing 16 ORDER Denying Defendant's #10 Motion to Compel Arbitration and to Stay. Signed by Judge Michael M. Anello on 05/22/2017. (ag)
April 17, 2017 Filing 15 NOTICE of Change of Address by Alex A. Wade (Wade, Alex) (ag).
April 10, 2017 Opinion or Order Filing 14 ORDER (AGS): As a result of the pending motion to compel arbitration, the Court vacates the April 28, 2017 ENE and CMC pending resolution of that motion. In the event the motion is denied, the parties shall contact Judge Schopler's chambers within three days of the motion's adjudication to reschedule the ENE and CMC. Signed by Magistrate Judge Andrew G. Schopler on 04/10/2017.(no document attached) (mxa)
April 5, 2017 Opinion or Order Filing 13 Minute Order Taking Motion Under Submission: Defendant's #10 MOTION to Stay Case and Compel Arbitration is currently set for hearing on April 10, 2017. The Court finds this matter suitable for determination on the papers and without oral argument pursuant to Civil Local Rule 7.1.d.1. Accordingly, no appearances are required and the hearing shall be taken off calendar. SO ORDERED by Judge Michael M. Anello on April 5, 2017.
April 3, 2017 Filing 12 REPLY to Response to Motion re #10 MOTION to Stay Case MOTION to Compel Arbitration filed by Credit One Bank, National Association. (Wade, Alex) (ag).
March 19, 2017 Filing 11 RESPONSE in Opposition re #10 MOTION to Stay Case MOTION to Compel Arbitration filed by Rodger Dean Anderson. (Attachments: #1 Declaration of Plaintiff, #2 Proof of Service)(Menard, Jeffrey) (jjg).
March 3, 2017 Filing 10 MOTION to Stay Case, MOTION to Compel Arbitration by Credit One Bank, National Association. (Attachments: #1 Declaration of Gary Hardwood, #2 Exhibit A-Caps Application, #3 Exhibit B-Original Cardholder Agreement, #4 Proof of Service)(Wade, Alex) (dxj). Modified on 5/18/2018 to reopen Motion to Compel Arbitration (rmc).
March 3, 2017 Opinion or Order Filing 9 ORDER Moving Early Neutral Evaluation and Case Management Conference. The Early Neutral Evaluation and Case Management Conference set for 4/20/2017 is vacated and reset for 4/28/2017 at 9:00 AM before Magistrate Judge Andrew G. Schopler. Signed by Magistrate Judge Andrew G. Schopler on 3/2/2017.(ag)
February 23, 2017 Opinion or Order Filing 8 NOTICE AND ORDER: (1) for Early Neutral Evaluation and (2) Setting Rule 26 Compliance and Case Management Conference. An Early Neutral Evaluation and Case Management Conference is set for 4/19/2017 at 9:00 AM in the chambers of Magistrate Judge Andrew G. Schopler. A Joint Discovery Plan is due 4/12/2017. Signed by Magistrate Judge Andrew G. Schopler on 2/23/2017.(ag)
February 23, 2017 Opinion or Order Filing 7 NOTICE AND ORDER: (1) for Early Neutral Evaluation and (2) Setting Rule 26 Compliance and Case Management Conference. An Early Neutral Evaluation and Case Management Conference is set for 4/20/2017 at 9:00 AM in the chambers of Magistrate Judge Andrew G. Schopler. A Joint Discovery Plan due 4/13/2017. Signed by Magistrate Judge Andrew G. Schopler on 2/23/2017.(ag)
February 17, 2017 Filing 6 NOTICE of Party With Financial Interest by Credit One Bank, National Association . No Parties With Financial Interest. (Wade, Alex)(acc).
February 17, 2017 Filing 5 ANSWER to #1 Complaint, with Jury Demand by Credit One Bank, National Association.(Wade, Alex)(acc).
January 31, 2017 Opinion or Order Filing 4 ORDER Granting #3 Joint Motion for Extension of Time for Defendant to Respond to Plaintiff's Complaint. Defendant must respond to Plaintiff's Complaint on or before 2/17/2017. Signed by Judge Michael M. Anello on 1/31/2017. (ag)
January 31, 2017 Filing 3 Joint MOTION for Extension of Time to File Answer re #1 Complaint, by Credit One Bank, National Association. (Wade, Alex)Attorney Alex A. Wade added to party Credit One Bank, National Association(pty:dft) (ag).
January 3, 2017 Filing 2 Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (mxn) (jao).
December 31, 2016 Filing 1 COMPLAINT with Jury Demand against Credit One Bank, National Association, Does 1 through 100 (Filing fee $400 receipt number 0974-9692896.), filed by Rodger Dean Anderson. (Attachments: #1 Civil Cover Sheet)The new case number is 3:16-cv-3125-MMA-AGS. Judge Michael M. Anello and Magistrate Judge Andrew G. Schopler are assigned to the case. (Menard, Jeffrey)(mxn) (jao).

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Defendant: Credit One Bank, National Association
Represented By: Alex A. Wade
Represented By: Charles R Messer
Represented By: David J Kaminski
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Defendant: Does 1 through 100
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Plaintiff: Anderson
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Plaintiff: Rodger Dean Anderson
Represented By: Jeffrey R. Menard
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