Harris et al v. County of San Diego et al
Jazay Harris, Florence Harris and Jaqori Harris |
County of San Diego, Natasha Hall, San Diego Health and Human Services Agency, Polinsky Childrens Center, Dr. Wendy Wright, Rady Children's Hospital, Does 1 through 20, San Diego Police Department, Sarah Sturm, Kristen Dunphy, "Doe" Robbins, "Doe" Curran, San Diego Unified School District, DOES 1 through 50, Rady Children's Hospital, San Diego, Polinsky Children's Center Auxiliary and Lorena Ortiz |
3:2018cv00924 |
May 11, 2018 |
US District Court for the Southern District of California |
San Diego Office |
San Diego |
Jill L Burkhardt |
Allison H Goddard |
Barry Ted Moskowitz |
Civil Rights: Other |
28 U.S.C. § 1343 |
Plaintiff |
Docket Report
This docket was last retrieved on November 30, 2020. A more recent docket listing may be available from PACER.
Document Text |
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Filing 79 RESPONSE re #73 MOTION to Dismiss for Failure to State a Claim PLAINTIFFS JQ.H. AND JZ.H'S MEMORANDUM IN OPPOSITION TO DEFENDANT COUNTY OF SAN DIEGO'S REQUEST FOR JUDICIAL NOTICE filed by Florence Harris. (Clark, Andre) (sjm). |
Filing 78 RESPONSE in Opposition re #69 MOTION to Dismiss Plaintiffs' Third Amended Complaint PLAINTIFFS JQ.H AND JZ.H'S MEMORANDUM IN OPPOSITION TO DEFENDANT WENDY WRIGHT'S MOTION TO DISMISS PLAINTIFF'S THIRD AMENDED COMPLAINT filed by Florence Harris. (Clark, Andre) (sjm). |
Filing 77 RESPONSE in Opposition re #67 MOTION to Dismiss for Failure to State a Claim Pursuant to FRCP 8 & FRCP12(b)(6) PLAINTIFFS JQ.H AND JZ.H'S MEMORANDUM IN OPPOSITION TO DEFENDANT RCHS'S MOTION TO DISMISS PLAINTIFF'S THIRD AMENDED COMPLAINT filed by Florence Harris. (Clark, Andre) (sjm). |
Filing 76 RESPONSE to Motion re #73 MOTION to Dismiss for Failure to State a Claim PLAINTIFFS JQ.H AND JZ.H'S MEMORANDUM IN OPPOSITION TO DEFENDANT COUNTY OF SAN DIEGO'S MOTION TO DISMISS PLAINTIFF'S THIRD AMENDED COMPLAINT filed by Florence Harris. (Clark, Andre) (sjm). |
Filing 75 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 12/2/2019 before Judge Barry Ted Moskowitz. Court Reporter/Transcriber: James C. Pence-Aviles. 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 or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 2/7/2020. Redacted Transcript Deadline set for 2/18/2020. Release of Transcript Restriction set for 4/16/2020. (akr) |
Filing 74 Summons Issued on Third Amended Complaint. 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. (sjm) |
Filing 73 MOTION to Dismiss for Failure to State a Claim by County of San Diego. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice, #3 Proof of Service)(Zindulka, Jake) (jpp). |
Filing 72 SEALED LODGED Proposed Document re: #71 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Zindulka, Jake) |
Filing 71 MOTION to File Documents Under Seal (With attachments)(Zindulka, Jake) |
Filing 70 OBJECTION by Natasha Hall re #63 Declaration, Defendant Natasha Hall's Objection to Plaintiffs' Declaration Relating to This Court's Order to Show Cause Pursuant to FRCP 4. (Attachments: #1 Proof of Service)(Zindulka, Jake) (jpp). |
Filing 69 MOTION to Dismiss Plaintiffs' Third Amended Complaint by Wendy Wright, M.D.. (Attachments: #1 Proof of Service Proof of Service of Motion to Dismiss Plaintiffs' Third Amended Complaint)(Ludeman, Patrick) (sjm). |
Filing 68 NOTICE of Motion to Dismiss Plaintiffs' Third Amended Complaint by Wendy Wright, M.D. re #62 Amended Complaint (Attachments: #1 Proof of Service of Notice of Motion to Dismiss Plaintiffs' Third Amended Complaint)(Ludeman, Patrick) (sjm). |
Filing 67 MOTION to Dismiss for Failure to State a Claim Pursuant to FRCP 8 & FRCP12(b)(6) by Rady Children's Hospital, San Diego. (Attachments: #1 Proof of Service)(Moriarty, Marilyn) (sjm). |
Filing 66 NOTICE of Intent to Object to Plaintiffs' Declaration Relating to this Court's Oder to Show Cause Pursuant to FRCP 4 by Natasha Hall re #63 Declaration, (Attachments: #1 Proof of Service)(Zindulka, Jake)Attorney Jake T. Zindulka added to party Natasha Hall(pty:dft) (sjm). |
Filing 65 ORDER GRANTING JOINT MOTION FOR EXTENSION OF TIME TO FILE re #64 Joint MOTION for Extension of Time to File motion to dismiss the third amended complaint by County of San Diego. Defendant County of San Diego must respond to the Third Amended Complaint on or before January 13, 2020. Signed by Judge Barry Ted Moskowitz on 12/26/2019. (sjm) |
Filing 64 Joint MOTION for Extension of Time to File motion to dismiss the third amended complaint by County of San Diego. (Attachments: #1 Declaration Attorney Declaration, #2 Proof of Service)(Zindulka, Jake) (sjm). |
Filing 63 DECLARATION re #59 Order on Motion to Dismiss,,,, Order on Motion to Dismiss for Failure to State a Claim,,,,,,,, Order on Motion for Reconsideration (FRCP Rule 60(b)),,, Declaration of Andre L. Clark, Esq. Explaining Why Defendant Natasha Hall Should not be Dismissed by Plaintiff Florence Harris. (Clark, Andre) (sjm). |
Filing 62 AMENDED COMPLAINT with Jury Demand Third Amended Complaint against All Defendants, filed by Florence Harris.New Summons Requested. (Clark, Andre) (sjm). |
Filing 61 AMENDED DOCUMENT by Florence Harris. Amendment to #50 Notice (Other) Amended Petition for Appointment of Guardian ad Litem. (Clark, Andre) Modified on 12/16/2019: Q.C. Mailer regarding wrong event. Adjusted docket entry to a Motion to Appoint Ad Litem. (sjm). |
Filing 60 DECLARATION re #50 Notice (Other) Declaration of Andre L. Clark in Support of Linda Thomas' Petition for Appointment of Guardian ad Litem by Plaintiff Florence Harris. (Clark, Andre) (sjm). |
Filing 59 ORDER GRANTING DEFENDANT COUNTYS REQUEST FOR JUDICIAL NOTICE; GRANTINGDEFENDANTS MOTIONS TO DISMISS; DENYING PLAINTIFFS REQUEST FORRECONSIDERATION; AND ORDERING PLAINTIFFS TO SHOW CAUSE re #31 Motion to Dismiss; granting #32 Motion to Dismiss for Failure to State a Claim; granting #33 Motion to Dismiss for Failure to State a Claim; denying #44 Motion for Reconsideration. Plaintiffs must file their third amended complaint within 21 days of entry of this Order. Plaintiffs attorney is ORDERED to speak with the proposed guardian ad litem and within 21 days of the entry of this Order submit a declaration explaining whether she is willing and qualified to serve as guardian ad litem. Plaintiffs are also ORDERED TO SHOW CAUSE why Defendant Hall should not be dismissed within 21 days of entry of this Order. Signed by Judge Barry Ted Moskowitz on 12/5/2019. (sjm) |
Filing 58 DECLARATION OF SERVICE by Dr. Wendy Wright re #54 Order to Substitute Attorney, #55 Order to Substitute Attorney (sjm) |
Filing 57 DECLARATION OF SERVICE by Dr. Wendy Wright re #54 Order to Substitute Attorney, #55 Order to Substitute Attorney. (sjm) |
Filing 56 DECLARATION OF SERVICE by Dr. Wendy Wright re #54 Order to Substitute Attorney, #55 Order to Substitute Attorney (sjm) |
Filing 55 CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY for Wendy Wright, M.D.: Natalie J. Buccini as counsel of record in place of Carroll, Kelly, Trotter, Franzen, McBride & Peabody. Signed by Judge Barry Ted Moskowitz on 12/2/2019.(sjm) |
Filing 54 CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY for Dr. Wendy Wright. Patrick Steven Ludeman as counsel of record in place of Carroll, Kelly, Trotter, Franzen, McBride & Peabody. Signed by Judge Barry Ted Moskowitz on 12/2/2019.(sjm) |
Filing 53 Minute Entry for proceedings held before Judge Barry Ted Moskowitz: Motion Hearing held on 12/2/2019 re #33 MOTION to Dismiss for Failure to State a Claim filed by County of San Diego, #31 MOTION to Dismiss Plaintiffs' Second Amended Complaint filed by Dr. Wendy Wright, #32 MOTION to Dismiss for Failure to State a Claim filed by Rady Children's Hospital ; Motions granted order to follow.(Court Reporter/ECR James Pence, Ellen Simone (CART)). (Plaintiff Attorney Andre Clark). (Defendant Attorney Natalie Buccini; Whitney Betts; Jake Zindulka; Patrick Ludeman). (no document attached) (rfm) |
Filing 51 ORDER Granting #48 Motion to File Documents Under Seal. Signed by Judge Barry Ted Moskowitz on 11/25/19. (dlg) |
Filing 50 NOTICE of Submission of Alternative Guardian ad Litem by Florence Harris re #43 Order on Motion to Appoint Guardian/Attorney ad Litem, (Clark, Andre) (sjm). |
Filing 49 *** DOCKETED SEALED ON 11/25/19, ECF 52 *** SEALED LODGED Proposed Document re: #48 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Zindulka, Jake) Modified on 11/25/2019 (dlg). |
Filing 48 MOTION to File Documents Under Seal (With attachments)(Zindulka, Jake) |
Filing 47 RESPONSE in Opposition re #44 MOTION for Reconsideration re #43 Order on Motion to Appoint Guardian/Attorney ad Litem, filed by County of San Diego. (Attachments: #1 Proof of Service)(Zindulka, Jake) (sjm). |
Filing 46 NOTICE of Withdrawal of Individual Attorney and of Reassignment of Case to New Lead Attorney Within the Office of County Counsel by County of San Diego, Polinsky Childrens Center, San Diego Health and Human Services Agency (Attachments: #1 Proof of Service)(Zindulka, Jake)Attorney Jake T. Zindulka added to party County of San Diego(pty:dft), Attorney Jake T. Zindulka added to party Polinsky Childrens Center(pty:dft), Attorney Jake T. Zindulka added to party San Diego Health and Human Services Agency(pty:dft) (sjm). |
Filing 45 ORDER. The Court instructs Defendants to file any opposition to this motion within one week of this order re #43 Order on Motion to Appoint Guardian/Attorney ad Litem, #44 MOTION for Reconsideration re #43 Order on Motion to Appoint Guardian/Attorney ad Litem, filed by Florence Harris. Signed by Judge Barry Ted Moskowitz on 11/15/2019.(sjm) |
Filing 44 MOTION for Reconsideration re #43 Order on Motion to Appoint Guardian/Attorney ad Litem, by Florence Harris. (Clark, Andre)Attorney Andre L. Clark added to party Florence Harris(pty:pla) (sjm). |
Filing 43 ORDER DENYING PLAINTIFF FLORENCE HARRISS PETITION FOR APPOINTMENT OF GUARDIAN AD LITEM re #24 Motion to Appoint GUARDIAN AD LITEM ad Litem and ORDERS Harris to submit the names of three alternative individuals to serve as guardian ad litem by November 25, 2019. Signed by Judge Barry Ted Moskowitz on 11/4/2019. (sjm) |
Filing 42 ORDER SETTING ORAL ARGUMENT re #31 -2 Request for Oral Argument by Dr. Wendy Wright; #32 MOTION to Dismiss for Failure to State a Claim by Rady Children's Hospital; and #33 MOTION to Dismiss for Failure to State a Claim by County of San Diego Motion Hearing set for 10/4/2019 at 11:00 AM is continued to 12/2/2019 02:00 PM in Courtroom 15B before Judge Barry Ted Moskowitz. Signed by Judge Barry Ted Moskowitz on 10/2/19.(sjm) Modified on 10/3/2019 to reflect the Hearing date continuance pertains to all three motions as indicated in the Order. (sjm). |
Filing 41 REPLY to Response to Motion re #33 MOTION to Dismiss for Failure to State a Claim filed by County of San Diego, San Diego Health and Human Services Agency. (Attachments: #1 Proof of Service)(Baca, Ricardo) (sjm). |
Filing 40 RESPONSE in Support re #32 MOTION to Dismiss for Failure to State a Claim filed by Rady Children's Hospital. (Attachments: #1 Proof of Service)(Betts, Whitney) (sjm). |
Filing 39 REPLY to Response to Motion re #31 MOTION to Dismiss Plaintiffs' Second Amended Complaint filed by Dr. Wendy Wright. (Buccini, Natalie) (sjm). |
Filing 38 ORDER OF TRANSFER. Magistrate Judge Jill L. Burkhardt is no longer assigned. Case reassigned to Magistrate Judge Allison H. Goddard for all further proceedings. The new case number is 18-cv-00924-BTM-AHG. Signed by Magistrate Judge Jill L. Burkhardt on 9/25/2019.(sjm) |
Filing 37 RESPONSE in Opposition re #33 MOTION to Dismiss for Failure to State a Claim , #31 MOTION to Dismiss Plaintiffs' Second Amended Complaint, #32 MOTION to Dismiss for Failure to State a Claim Proof of Electronic Service filed by Jaqori Harris, Jazay Harris. (Davis, Vincent) (sjm). |
Filing 36 RESPONSE in Opposition re #32 MOTION to Dismiss for Failure to State a Claim by Rady Children's Hospital filed by Jaqori Harris, Jazay Harris. (Davis, Vincent) (sjm). |
Filing 35 RESPONSE in Opposition re #33 MOTION to Dismiss for Failure to State a Claim by County of San Diego filed by Jaqori Harris, Jazay Harris. (Davis, Vincent) (sjm). |
Filing 34 RESPONSE in Opposition re #31 MOTION to Dismiss Plaintiffs' Second Amended Complaint by Wendy Wright filed by Jaqori Harris, Jazay Harris. (Davis, Vincent) (sjm). |
Filing 33 MOTION to Dismiss for Failure to State a Claim by County of San Diego. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice, #3 Proof of Service)(Baca, Ricardo) (sjm). |
Filing 32 MOTION to Dismiss for Failure to State a Claim by Rady Children's Hospital. (Attachments: #1 Memo of Points and Authorities)(Betts, Whitney) (sjm). |
Filing 31 MOTION to Dismiss Plaintiffs' Second Amended Complaint by Dr. Wendy Wright. (Attachments: #1 Notice, #2 Supplement)(Buccini, Natalie) (sjm). |
Filing 30 RESPONSE in Opposition re #24 MOTION to Appoint Guardian ad Litem filed by County of San Diego, Polinsky Childrens Center, San Diego Health and Human Services Agency. (Attachments: #1 Proof of Service)(Baca, Ricardo) (sjm). |
Filing 29 AMENDED COMPLAINT with Jury Demand against County of San Diego, Does 1 through 20, Dr. Wendy Wright, Natasha Hall, Polinsky Childrens Center, Rady Children's Hospital, San Diego Health and Human Services Agency, filed by Jazay Harris, Jaqori Harris, Florence Harris. (Davis, Vincent) (sjm). |
Filing 28 ORDER ON JOINT STIPULATION ALLOWING PLAINTIFFS TO FILE SECOND AMENDED COMPLAINT re #27 Amended Document filed by Florence Harris. SECOND Amended Complaint due by 8/14/2019; Answer by Respondent due 8/30/2019. Signed by Judge Barry Ted Moskowitz on 8/8/2019.(sjm) |
Filing 27 AMENDED DOCUMENT by Florence Harris. Amendment to #1 Complaint, . (Davis, Vincent) (sjm). |
Filing 26 NOTICE of Appearance by Erica R. Cortez on behalf of County of San Diego, Polinsky Childrens Center, San Diego Health and Human Services Agency (Attachments: #1 Proof of Service)(Cortez, Erica)Attorney Erica R. Cortez added to party County of San Diego(pty:dft), Attorney Erica R. Cortez added to party Polinsky Childrens Center(pty:dft), Attorney Erica R. Cortez added to party San Diego Health and Human Services Agency(pty:dft)(jrm). |
Filing 25 NOTICE of Intent to Oppose Appointment of Plaintiff Florence Harris as Guardian Ad Litem by County of San Diego, Polinsky Childrens Center, San Diego Health and Human Services Agency re #24 MOTION to Appoint Guardian ad Litem (Attachments: #1 Proof of Service)(Baca, Ricardo) (sjm). |
Filing 24 MOTION to Appoint Guardian ad Litem by Florence Harris, Jaqori Harris, Jazay Harris. (Attachments: #1 Proposed Order)(Davis, Vincent) Modified on 7/30/2019 to send Q.C. Mailer re: Proposed Orders are to be sent to the official email of the assigned Judge (sjm). |
Filing 23 NOTICE of Appearance by Vincent W. Davis on behalf of Florence Harris, Jaqori Harris, Jazay Harris (Davis, Vincent) (sjm). |
Filing 22 AMENDED COMPLAINT with Jury Demand against County of San Diego, Does 1 through 20, Dr. Wendy Wright, Natasha Hall, Polinsky Childrens Center, Rady Children's Hospital, San Diego Health and Human Services Agency, filed by Jazay Harris, Jaqori Harris, Florence Harris. (Davis, Vincent) (sjm). |
Filing 21 ORDER GRANTING DEFENDANTS MOTION TO DISMISS WITH LEAVE TO AMEND re #6 Motion to Dismiss for Failure to State a Claim Plaintiff must file an amended Complaint on or before July 30, 2019. Signed by Judge Barry Ted Moskowitz on 7/9/2019. (All non-registered users served via U.S. Mail Service)(sjm) |
Filing 20 NOTICE of Withdrawal of Individual Attorney and of Reassignment of Case to New Lead Attorney Within the Office of County Counsel by County of San Diego, Polinsky Childrens Center, San Diego Health and Human Services Agency (Attachments: #1 Proof of Service)(Baca, Ricardo)Attorney Ricardo Baca added to party County of San Diego(pty:dft), Attorney Ricardo Baca added to party Polinsky Childrens Center(pty:dft), Attorney Ricardo Baca added to party San Diego Health and Human Services Agency(pty:dft) (sjm). |
Filing 19 NOTICE of Appearance by Whitney J. Betts on behalf of Rady Children's Hospital (Betts, Whitney)Attorney Whitney J. Betts added to party Rady Children's Hospital(pty:dft) (sjm). |
Filing 18 REPLY - Other re #9 Notice of Joinder Notice of Non Opposition to Motion to Dismiss Claim filed by Dr. Wendy Wright. (Schulte, Jake) (sjm). |
Filing 17 NOTICE of Non-Opposition by Rady Children's Hospital re #14 MOTION to Continue MOTION to Stay (Moriarty, Marilyn) (sjm). |
Filing 16 NOTICE of Lack of Opposition to Defendant County of San Diego's Motion to Dismiss Pursuant to FRCP 12(B)(6) by County of San Diego, Polinsky Childrens Center, San Diego Health and Human Services Agency (Attachments: #1 Proof of Service)(Dolan, Laura) (sjm). |
Filing 15 ORDER granting #14 Motion to Continue; denying #14 Motion to Stay. The Hearing Date for Defendant's Motion to Dismiss is Set for October 19, 2018 at 11:00 a.m. The Deadline for Plaintiffs to oppose the Pending Motion to Dismiss Filed on Behalf of Defendant County of San Diego is Continued to September 28, 2018. Signed by Judge Barry Ted Moskowitz on 9/11/2018. (All non-registered users served via U.S. Mail Service)(sjm) |
Filing 13 Notice of Document Discrepancies and Order Thereon by Judge Barry Ted Moskowitz Accepting Document: Plaintiffs' Request for Continuance of Motion Hearing and Pending Action; Order Thereon, from Plaintiff Florence Harris. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation. IT IS HEREBY ORDERED: The document is accepted Nunc Pro Tunc 8/28/2018. Any Further non-compliant documents may be stricken from the record. Signed by Judge Barry Ted Moskowitz on 9/6/2018.(All non-registered users served via U.S. Mail Service)(sjm) |
Filing 12 MINUTE ORDER, Motions Submitted #6 MOTION to Dismiss for Failure to State a Claim (no document attached) (rfm) |
Filing 14 MOTION to Continue Motion Hearing by Florence Harris. (sjm). Added MOTION to Stay on 9/12/2018 (sjm). |
Filing 11 NOTICE of Lack of Opposition to Defendant County of San Diego's Motion to Dismiss Pursuant to FRCP 12(B)(6) by County of San Diego, Polinsky Childrens Center, San Diego Health and Human Services Agency re #6 MOTION to Dismiss for Failure to State a Claim (Attachments: #1 Proof of Service)(Dolan, Laura) (sjm). |
Filing 10 NON Opposition re #6 MOTION to Dismiss for Failure to State a Claim filed by Rady Children's Hospital. (Moriarty, Marilyn) (sjm). |
Filing 9 NOTICE of Joinder by Dr. Wendy Wright re #6 MOTION to Dismiss for Failure to State a Claim (Schulte, Jake) (sjm). |
Filing 8 Corporate Disclosure Statement by Rady Children's Hospital. No Corporate Parents/Interested Parties. (Moriarty, Marilyn) (sjm). |
Filing 7 NOTICE of Joinder by Rady Children's Hospital re #6 MOTION to Dismiss for Failure to State a Claim (Moriarty, Marilyn) (sjm). |
Filing 6 MOTION to Dismiss for Failure to State a Claim by County of San Diego, Polinsky Childrens Center, San Diego Health and Human Services Agency. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(Dolan, Laura)Attorney Laura E Dolan added to party County of San Diego(pty:dft), Attorney Laura E Dolan added to party Polinsky Childrens Center(pty:dft), Attorney Laura E Dolan added to party San Diego Health and Human Services Agency(pty:dft) (sjm). |
Filing 5 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. Summons will be mailed to plaintiffs not receiving notice electronically. (Attachments: #1 IFP Letter)(mxn) |
Filing 4 ORDER Granting #2 Motion to Proceed in Forma Pauperis and Denying #3 Motion for Appointment of Counsel. US Marshal shall effect service of complaint. Signed by Judge Barry Ted Moskowitz on 5/30/2018. (All non-registered users served via U.S. Mail Service) (Certified Copy to USM) (mxn) |
Filing 3 MOTION to Appoint Counsel by Florence Harris, Jaqori Harris, Jazay Harris. (sjm) (jao). |
Filing 2 MOTION for Leave to Proceed in forma pauperis by Florence Harris, Jaqori Harris, Jazay Harris. (sjm) (jao). |
Filing 1 COMPLAINT with Jury Demand against County of San Diego, Does 1 through 20, Dr. Wendy Wright, Natasha Hall, Polinsky Childrens Center, IFP Filed, filed by Jazay Harris, Jaqori Harris, Florence Harris. (Attachments: #1 Civil Cover Sheet)The new case number is 3:18-cv-924-BTM-JLB. Judge Barry Ted Moskowitz and Magistrate Judge Jill L. Burkhardt are assigned to the case.(sjm) (jao). |
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