Komis v. Drury Hotels Company, LLC et al
Plaintiff: Peter B Komis
Defendant: Drury Colorado Spring, LLC and Drury Hotels Company, LLC
Case Number: 1:2019cv00998
Filed: April 4, 2019
Court: US District Court for the District of Colorado
Presiding Judge: Robert E Blackburn
Referring Judge: Kathleen M Tafoya
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on July 2, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 2, 2019 Filing 61 STIPULATION for Extension of Time Twenty-One Day Extension of Defendants' Discovery Response Deadline by Defendants Drury Colorado Spring, LLC, Drury Hotels Company, LLC. (Merpi, Richard)
June 17, 2019 Filing 60 STIPULATION for Extension of Time in Which to Submit Plaintiff's Answers to Defendant Drury Hotels Company, LLC's First Set of Discovery Requests by Plaintiff Peter B Komis. (Bergh, Autumn)
June 7, 2019 Filing 59 AMENDED ANSWER and Affirmative Defenses with Jury Demand by Defendants Drury Colorado Spring, LLC, Drury Hotels Company, LLC. (jgonz, )
June 7, 2019 Opinion or Order Filing 58 MINUTE ORDER granting #56 Unopposed Motion for Leave to Amend Answer and Affirmative Defenses to Plaintiff's Complaint. The Clerk is directed to file [56-2]. By Magistrate Judge Kathleen M. Tafoya on 6/7/2019. Text Only Entry(kmtlc2)
June 7, 2019 Filing 57 MEMORANDUM by Judge Robert E. Blackburn on 6/7/19 regarding #56 Unopposed MOTION for Leave to Amend Answer and Affirmative Defenses to Plaintiff's Complaint filed by Drury Colorado Spring, LLC, Drury Hotels Company, LLC. Motions referred to Magistrate Judge Kathleen M. Tafoya. Text Only Entry (rebsec)
June 7, 2019 Filing 56 Unopposed MOTION for Leave to Amend Answer and Affirmative Defenses to Plaintiff's Complaint by Defendants Drury Colorado Spring, LLC, Drury Hotels Company, LLC. (Attachments: #1 Exhibit Amended Answer - redline, #2 Exhibit Amended Answer - final)(Merpi, Richard)
June 6, 2019 Opinion or Order Filing 55 MINUTE ORDER denying without prejudice #53 Defendants' Unopposed Motion for Leave to Amend Answer and Affirmative Defenses to Plaintiff's Complaint for failure to comply with D.C.COLO.LCivR 15.1. By Magistrate Judge Kathleen M. Tafoya on 6/6/2019. Text Only Entry(kmtlc2)
June 5, 2019 Filing 54 MEMORANDUM by Judge Robert E. Blackburn on 6/5/19 regarding #53 Unopposed MOTION for Leave to Amend Answer and Affirmative Defenses to Plaintiff's Complaint filed by Drury Colorado Spring, LLC, Drury Hotels Company, LLC. Motion referred to Magistrate Judge Kathleen M. Tafoya. Text Only Entry (rebsec)
June 5, 2019 Filing 53 Unopposed MOTION for Leave to Amend Answer and Affirmative Defenses to Plaintiff's Complaint by Defendants Drury Colorado Spring, LLC, Drury Hotels Company, LLC. (Attachments: #1 Proposed Document Defendants' Amended Answer and Affirmative Defenses)(Merpi, Richard)
June 4, 2019 Filing 52 CERTIFICATE of Mailing/Service Plaintiff's First Set of Interrogatories and First Set of Requests for Production to Defendant Drury Colorado Springs, LLC and Defendant Drury Hotels Company, LLC by Plaintiff Peter B Komis. (Wolf, Samuel)
May 22, 2019 Opinion or Order Filing 51 TRIAL PREPARATION CONFERENCE ORDER by Judge Robert E. Blackburn on 5/22/19. All motions concerning the testimony of expert witnesses raising issues under Fed. R. Evid. 401, 702, 703, 704, or 705 as codified and construed shall be filed by February 9, 2019. A combined Final Pretrial Conference and Trial Preparation Conference is set for 7/15/2020 at 10:30 AM in Courtroom A1001 before Judge Robert E. Blackburn. Five Day Jury Trial is set for 7/27/2020 through 7/31/2020 at 08:30 AM in Courtroom A1001 before Judge Robert E. Blackburn. (rebsec)
May 14, 2019 Opinion or Order Filing 50 SCHEDULING ORDER: By Magistrate Judge Kathleen M. Tafoya on 05/14/2019. (ksena)
May 14, 2019 Filing 49 COURTROOM MINUTE ENTRY for proceedings held before Magistrate Judge Kathleen M. Tafoya: Scheduling Conference held on 5/14/2019, ( Discovery due by 3/27/2020., Dispositive Motions due by 4/27/2020.). FTR: COURTROOM 101. (ksena)
May 7, 2019 Filing 48 Proposed Scheduling Order by Defendants Drury Colorado Spring, LLC, Drury Hotels Company, LLC. (Merpi, Richard)
May 3, 2019 Opinion or Order Filing 47 MINUTE ORDER granting #44 Plaintiff's Unopposed Motion for Leave to Appear Telephonically. Plaintiff's counsel shall initiate a conference call and contact chambers, 719-575-0328, at the scheduled time. Plaintiff's counsel shall use a LAND LINE; NO CELLULAR, CORDLESS OR SPEAKER PHONES ARE PERMITTED. By Magistrate Judge Kathleen M. Tafoya on 5/3/2019. Text Only Entry(kmtlc2)
May 3, 2019 Filing 46 NOTICE of Entry of Appearance of Samuel C. Wolf by Samuel C. Wolf on behalf of Peter B KomisAttorney Samuel C. Wolf added to party Peter B Komis(pty:pla) (Wolf, Samuel)
May 3, 2019 Filing 45 MEMORANDUM by Judge Robert E. Blackburn on 5/3/19 regarding #44 Unopposed MOTION for Leave to Appear Telephonically filed by Peter B Komis. Motion referred to Magistrate Judge Kathleen M. Tafoya. Text Only Entry (rebsec)
May 3, 2019 Filing 44 Unopposed MOTION for Leave to Appear Telephonically by Plaintiff Peter B Komis. (Attachments: #1 Proposed Order (PDF Only) Order Granting Plaintiff's Unopposed Motion to Appear Telephonically)(Bergh, Autumn)
May 3, 2019 Filing 43 NOTICE of Entry of Appearance of Autumn Bergh by Autumn R. Bergh on behalf of Peter B KomisAttorney Autumn R. Bergh added to party Peter B Komis(pty:pla) (Bergh, Autumn)
May 3, 2019 Filing 42 NOTICE of Entry of Appearance of Jerry Todd Wertheim by Jerry Todd Wertheim on behalf of Peter B KomisAttorney Jerry Todd Wertheim added to party Peter B Komis(pty:pla) (Wertheim, Jerry)
April 29, 2019 Opinion or Order Filing 41 MINUTE ORDER the parties shall submit their proposed scheduling order, pursuant to District of Colorado Electronic Case Filing ("ECF") Procedures, on or before May 7, 2019. By Magistrate Judge Kathleen M. Tafoya on 04/29/2019. Text Only Entry (ksena)
April 9, 2019 Opinion or Order Filing 40 ORDER Setting Scheduling Conference set for 5/14/2019 at 02:45 PM in Courtroom 101 (Colorado Springs) before Magistrate Judge Kathleen M. Tafoya. by Magistrate Judge Kathleen M. Tafoya on 04/09/2019. (ksena)
April 9, 2019 Filing 39 NOTICE of Entry of Appearance by Richard L. Merpi, II on behalf of Drury Colorado Spring, LLC, Drury Hotels Company, LLCAttorney Richard L. Merpi, II added to party Drury Colorado Spring, LLC(pty:dft), Attorney Richard L. Merpi, II added to party Drury Hotels Company, LLC(pty:dft) (Merpi, Richard)
April 9, 2019 Filing 38 NOTICE of Entry of Appearance by Daniel Ray McCune on behalf of Drury Colorado Spring, LLCAttorney Daniel Ray McCune added to party Drury Colorado Spring, LLC(pty:dft) (McCune, Daniel)
April 8, 2019 Filing 37 NOTICE of Entry of Appearance by Daniel Ray McCune on behalf of Drury Hotels Company, LLCAttorney Daniel Ray McCune added to party Drury Hotels Company, LLC(pty:dft) (McCune, Daniel)
April 8, 2019 Opinion or Order Filing 36 ORDER REFERRING CASE to Magistrate Judge Kathleen M. Tafoya. IT IS ORDERED that pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this matter is referred to the assigned United States Magistrate Judge:(1) To convene a scheduling conference under Fed. R. Civ. P. 16(b), enter a Scheduling Order that satisfies the requirements of D.C.COLO.LCivR 16.2, and enter such orders as appropriate to enforce the Scheduling order and resolve discovery matters; provided, further that the scheduling conference, the Magistrate Judge shall advise the parties of Judge Blackburns practice standards found at www.cod.uscourts.gov.;(2) To hear and finally determine non-dispositive matters that have been referred, subject to the exceptions found in 28 U.S.C. 636(b)(1)(A); and(3) To hear and make recommendations on dispositive matters that have been referred as defined in 28 U.S.C. 636(b)(1)(A). Court sponsored alternative dispute resolution is governed by D.C.COLOLCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. By Judge Robert E. Blackburn on 4/8/19. Text Only Entry (rebsec)
April 4, 2019 Filing 35 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (rroge, )
April 4, 2019 Filing 34 Case assigned to Judge Robert E. Blackburn and drawn to Magistrate Judge Kathleen M. Tafoya. Text Only Entry. (rroge, )
April 4, 2019 Filing 33 FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawls of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (rroge, )
April 4, 2019 Filing 32 Case transferred in from District of New Mexico; Case Number 1:18-cv-00860. File, transfer order and docket sheet received
March 22, 2019 Filing 31 MEMORANDUM OPINION AND ORDER by Chief District Judge William P. Johnson GRANTING #23 Defendants' Opposed Motion to Transfer Venue of this Case to the U.S. District Court for the District of Colorado Pursuant to Section 28 U.S.C. 1391 and Section 28 U.S.C. 1404. Clerk of the Court shall take the necessary actions to transfer this case to the United States District Court for the District of Colorado. (mag) [Transferred from New Mexico on 4/4/2019.]
March 22, 2019 Filing 30 NOTICE of Briefing Complete by Drury Colorado Spring, LLC, Drury Hotels Company, LLC re #23 Opposed MOTION to Transfer Case Venue to The U.S. District Court for The District of Colorado Pursuant to Section 28 U.S.C. 1391 and Section 28 U.S.C. 1404 filed by Drury Colorado Spring, LLC, Drury Hotels Company, LLC (Bunting, David) [Transferred from New Mexico on 4/4/2019.]
March 21, 2019 Filing 29 REPLY to Response to Motion re #23 Opposed MOTION to Transfer Case Venue to The U.S. District Court for The District of Colorado Pursuant to Section 28 U.S.C. 1391 and Section 28 U.S.C. 1404 filed by Drury Colorado Spring, LLC, Drury Hotels Company, LLC. (Bunting, David) [Transferred from New Mexico on 4/4/2019.]
March 7, 2019 Filing 28 RESPONSE to Motion re #23 Opposed MOTION to Transfer Case Venue to The U.S. District Court for The District of Colorado Pursuant to Section 28 U.S.C. 1391 and Section 28 U.S.C. 1404 filed by Peter B Komis. (Wolf, Samuel) [Transferred from New Mexico on 4/4/2019.]
March 1, 2019 Opinion or Order Filing 27 ORDER by Chief District Judge William P. Johnson GRANTING Plaintiff's Unopposed Motion to Extend the Deadline to File a Response to Defendants Opposed Motion to Transfer Venue of this Case to the U.S. District Court for the District of Colorado. Response is due 3/7/2019. (mag) [Transferred from New Mexico on 4/4/2019.]
February 28, 2019 Filing 26 **FILED IN ERROR** ORDER by Chief District Judge William P. Johnson GRANTING #25 Unopposed Motion to Extend Deadline to file Response to #23 Motion to Transfer Venue to the District of Colorado. Response is due 2/28/2019. (mag) Modified on 3/1/2019 (meq). [Transferred from New Mexico on 4/4/2019.]
February 27, 2019 Filing 25 Unopposed MOTION to Extend (other) the Deadline to file Response to Defendants' Opposed Motion to Transfer Venue of this Case to the U.S. District Court for the District of Colorado by Peter B Komis. (Bergh, Autumn) [Transferred from New Mexico on 4/4/2019.]
February 22, 2019 Opinion or Order Filing 24 ORDER VACATING RULE 16 SETTLEMENT CONFERENCE by Magistrate Judge Kirtan Khalsa. The Rule 16 Settlement Conference previously set for 3/8/2019 at 9:30 AM before Judge Khalsa, and all associated hearings and deadlines as set forth in the Court's Order Vacating and Resetting Rule 16 Settlement Conference (Doc. 22), are hereby VACATED, to be reset upon further Order of the Court. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kmt) [Transferred from New Mexico on 4/4/2019.]
February 11, 2019 Filing 23 Opposed MOTION to Transfer Case Venue to The U.S. District Court for The District of Colorado Pursuant to Section 28 U.S.C. 1391 and Section 28 U.S.C. 1404 by Drury Colorado Spring, LLC, Drury Hotels Company, LLC. (Attachments: #1 Affidavit) (Bunting, David) [Transferred from New Mexico on 4/4/2019.]
January 4, 2019 Opinion or Order Filing 22 ORDER VACATING AND RESETTING RULE 16 SETTLEMENT CONFERENCE by Magistrate Judge Kirtan Khalsa. The Rule 16 Settlement Conference previously set for 1/11/2019 at 9:30 AM is VACATED and is RESET for 3/8/2019 at 09:30 AM in Albuquerque - 440 Hondo Courtroom before Judge Khalsa. A Telephonic Pre-Settlement Status Conference is set for 2/27/2019 at 03:00 PM before Judge Khalsa. Counsel are to call Judge Khalsa's AT&T Conference Line at (877) 848-7030 and enter Code 7324132 to connect to the proceedings. Plaintiff's amended demand letter, if any, is due to Defendants by 2/12/2019. Defendants' amended counteroffer letter, if any, is due to Plaintiff by 2/19/2019. The parties' supplemental confidential position statements are due to the Court by 2/21/2019. (kmt) [Transferred from New Mexico on 4/4/2019.]
January 4, 2019 Opinion or Order Filing 21 ORDER VACATING TELEPHONIC PRE-SETTLEMENT STATUS CONFERENCE by Magistrate Judge Kirtan Khalsa. The follow-up telephonic pre-settlement status conference previously set for 1/4/2019 at 04:00 PM before Judge Khalsa is hereby VACATED. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kmt) [Transferred from New Mexico on 4/4/2019.]
January 3, 2019 Opinion or Order Filing 20 ORDER SETTING TELEPHONIC PRE-SETTLEMENT STATUS CONFERENCE by Magistrate Judge Kirtan Khalsa. A follow-up telephonic pre-settlement status conference is set for 1/4/2019 at 04:00 PM before Judge Khalsa. Counsel are to call Judge Khalsa's AT&T Conference Line at (877) 848-7030 and enter Code: 7324132 to connect to the proceedings. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kmt) [Transferred from New Mexico on 4/4/2019.]
January 3, 2019 Filing 19 Clerk's Minutes for proceedings held before Magistrate Judge Kirtan Khalsa: confidential telephonic pre-settlement status conference held on 1/3/2019. (kmt) [Transferred from New Mexico on 4/4/2019.]
January 2, 2019 The telephonic pre-settlement conference is rescheduled to January 3, 2019 at 3:30. The parties are to call Judge Khalsas AT&T conference line to join the conference. (KK) [Transferred from New Mexico on 4/4/2019.]
November 7, 2018 Filing 18 NOTICE by Magistrate Judge Kirtan Khalsa. The telephonic pre-settlement status conference set for 1/2/2019 at 1:30 p.m. shall be conducted on the Court's AT&T Connect Conference line. The parties should call (877) 848-7030 and use Code 7324132 to connect to the proceedings. THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED. (kc) [Transferred from New Mexico on 4/4/2019.]
October 29, 2018 Filing 17 NOTICE of Appearance by Autumn Bergh on behalf of Peter B Komis (Bergh, Autumn) [Transferred from New Mexico on 4/4/2019.]
October 26, 2018 Filing 16 CERTIFICATE OF SERVICE by Peter B Komis of Plaintiff's Initial Disclosures (Bergh, Autumn) [Transferred from New Mexico on 4/4/2019.]
October 25, 2018 Filing 15 CERTIFICATE OF SERVICE by Drury Colorado Spring, LLC, Drury Hotels Company, LLC Fed.R.Civ.P. Rule 26(a) Initial Disclosures (Bunting, David) [Transferred from New Mexico on 4/4/2019.]
October 24, 2018 Opinion or Order Filing 14 ORDER by Magistrate Judge Kirtan Khalsa Setting Rule 16 Settlement Conference. Settlement Conference set for 1/11/2019 at 09:30 AM in Albuquerque - 440 Hondo Courtroom before Magistrate Judge Kirtan Khalsa. Telephone Pre-Settlement Status Conference set for 1/2/2019 at 01:30 PM before Magistrate Judge Kirtan Khalsa. The parties are to call Judge Khalsa's "Meet Me" conference line at (505) 348-2347 to connect to the proceedings. (kc) [Transferred from New Mexico on 4/4/2019.]
October 24, 2018 Opinion or Order Filing 13 ORDER by Magistrate Judge Kirtan Khalsa Adopting Joint Status Report and Provisional Discovery Plan With Changes and Setting Case Management Deadlines. Discovery due by 5/20/2019; Plaintiff's Expert Witness List due by 2/15/2019; Defendants' Expert Witness List due by 04/01/2019; Discovery Motions due by 06/10/2019; Pretrial Motions due by 6/20/2019; Proposed Pretrial Order due by 9/3/2019; Pretrial Order due by 9/17/2019. (kc) [Transferred from New Mexico on 4/4/2019.]
October 24, 2018 Filing 12 Clerk's Minutes for proceedings held before Magistrate Judge Kirtan Khalsa: Telephone Scheduling Conference held on 10/22/2018. (kc) [Transferred from New Mexico on 4/4/2019.]
October 12, 2018 Filing 11 Joint Status Report and Provisional Discovery Paln by Drury Colorado Spring, LLC, Drury Hotels Company, LLC (Bunting, David) [Transferred from New Mexico on 4/4/2019.]
October 5, 2018 Filing 10 PLEASE TAKE NOTICE that this case has been reassigned to Chief United States District Judge William P. Johnson as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. United States Magistrate Judge Karen B. Molzen no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg) [Transferred from New Mexico on 4/4/2019.]
October 1, 2018 Filing 9 NOTICE by Drury Hotels Company, LLC re #8 Order regarding Defendant Drury Hotels Company, LLC's First Amended Notice of Removal (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Bunting, David) [Transferred from New Mexico on 4/4/2019.]
September 17, 2018 Opinion or Order Filing 8 ORDER TO AMEND by Magistrate Judge Kirtan Khalsa. Defendant has until 10/1/2018 to filed an Amended Notice of Removal. (kc) [Transferred from New Mexico on 4/4/2019.]
September 13, 2018 Opinion or Order Filing 7 INITIAL SCHEDULING ORDER: by Magistrate Judge Kirtan Khalsa. Joint Status Report due by 10/12/2018. Telephone Scheduling Conference set for 10/22/2018 at 02:30 PM before Magistrate Judge Kirtan Khalsa. The parties are to call Judge Khalsa's "Meet Me" conference line at (505) 348-2347 to connect to the proceedings. Unless otherwise notified by the Clerk or the Court a notice of consent or non-consent for this case to proceed before the trial Magistrate Judge should be submitted by each party no later than 10/4/2018. (kc) [Transferred from New Mexico on 4/4/2019.]
September 13, 2018 Filing 6 Filing fee: $ 400.00, receipt number 1084-6024449 (ln)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] [Transferred from New Mexico on 4/4/2019.]
September 13, 2018 Filing 5 ANSWER to Complaint (Notice of Removal) by Drury Colorado Springs LLC and by Drury Hotels Company, LLC. (Bunting, David) [Transferred from New Mexico on 4/4/2019.]
September 13, 2018 Filing 4 Corporate Disclosure Statement by Drury Hotels Company, LLC (Bunting, David) [Transferred from New Mexico on 4/4/2019.]
September 13, 2018 Filing 3 NOTICE by Drury Colorado Spring, LLC Notice of Consent to Removal (Bunting, David) [Transferred from New Mexico on 4/4/2019.]
September 13, 2018 Filing 2 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Karen B. Molzen to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ln) [Transferred from New Mexico on 4/4/2019.]
September 13, 2018 Filing 1 NOTICE OF REMOVAL by Drury Hotels Company, LLC from Santa Fe County, First Judicial District Court, case number D-101-CV-2018-01871. ( Filing Fee - Online Payment), filed by Drury Hotels Company, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit)(Bunting, David) [Transferred from New Mexico on 4/4/2019.]
September 13, 2018 United States Magistrate Judge Karen B. Molzen and United States Magistrate Judge Kirtan Khalsa assigned. (ln) [Transferred from New Mexico on 4/4/2019.]

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Defendant: Drury Colorado Spring, LLC
Represented By: Daniel Ray McCune
Represented By: Richard L. Merpi, II
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Defendant: Drury Hotels Company, LLC
Represented By: Daniel Ray McCune
Represented By: Richard L. Merpi, II
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Plaintiff: Peter B Komis
Represented By: Jerry Todd Wertheim
Represented By: Autumn R. Bergh
Represented By: Samuel C. Wolf
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