Button et al v. Otter Products, LLC
| Troy Button, Tresha Davenport, Eric Semple, Jonathan Davis, Kentricia Burton, Sheriva Shed, Demetrius McKinnon, Ian Scheil, Joseph Tkocs, Brandy Sanders, Mike Ryan and Daren Olson |
| Otter Products, LLC doing business as Otterbox |
| 1:2025cv00969 |
| March 26, 2025 |
| U.S. District Court for the District of Colorado |
| Daniel D Domenico |
| N Reid Neureiter |
| Contract Product Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 11, 2025. A more recent docket listing may be available from PACER.
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| Filing 51 MINUTE ENTRY for proceedings held before Magistrate Judge N. Reid Neureiter: Motion Hearing held on 9/11/2025. Plaintiff's Motion for Leave to Amend Class Action Complaint Nunc Pro Tunc (ECF No. #46 ) is GRANTED. Plaintiffs' Third Amended Class Action Complaint and Jury Demand (ECF No. #45 ) is accepted as filed and is the operative complaint as of today, September 11, 2025.Defendant shall file its renewed motion to dismiss by September 25, 2025. Response to the renewed motion to dismiss shall be filed by October 9, 2025 and the reply shall be filed by October 16, 2025. The extended word limits that were granted with respect to the first motion to dismiss apply to the renewed motion to dismiss.Defendant Otter Products, LLC's Motion to Dismiss Second Amended Complaint (ECF No. #27 ) is DENIED as moot. FTR: Courtroom A401. (rvill, ) |
| Filing 50 REPLY to Response to #46 MOTION for Leave to Amend Plaintiffs Class Action Complaint Nunc Pro Tunc #45 Amended Complaint, filed by Plaintiffs Kentricia Burton, Sheriva Shed, Demetrius McKinnon, Ian Scheil, Mike Ryan, Daren Olson, Joseph Tkocs, Troy Button, Tresha Davenport, Brandy Sanders, Eric Semple, Jonathan Davis. (Hannon, Kevin) |
| Filing 49 RESPONSE to #46 MOTION for Leave to Amend Plaintiffs Class Action Complaint Nunc Pro Tunc #45 Amended Complaint, filed by Defendant Otter Products, LLC. (Och, Elizabeth) |
Filing 48
MINUTE ORDER entered by Magistrate Judge N. Reid Neureiter on 8/8/2025. A Motion Hearing on Plaintiff's Motion for Leave to Amend Class Action Complaint Nunc Pro Tunc (ECF No. #46 ) is set for September 11, 2025 at 2:00 p.m. PLEASE READ ATTACHED MINUTE ORDER. (norlin, )
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Filing 47
ORDER REFERRING MOTION: #46 MOTION for Leave to Amend Plaintiffs Class Action Complaint Nunc Pro Tunc #45 Amended Complaint, filed by Troy Button, Brandy Sanders, Eric Semple, Demetrius McKinnon, Jonathan Davis, Kentricia Burton, Tresha Davenport, Mike Ryan, Daren Olson, Ian Scheil, Sheriva Shed, Joseph Tkocs. Motion referred to Magistrate Judge N. Reid Neureiter by Judge Daniel D. Domenico on 8/6/2025. Text Only Entry (dddlc9, )
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| Filing 46 MOTION for Leave to Amend Plaintiffs Class Action Complaint Nunc Pro Tunc #45 Amended Complaint, by Plaintiffs Kentricia Burton, Sheriva Shed, Demetrius McKinnon, Ian Scheil, Mike Ryan, Daren Olson, Joseph Tkocs, Troy Button, Tresha Davenport, Brandy Sanders, Eric Semple, Jonathan Davis. (Attachments: #1 Exhibit Plaintiff-Defendant Email Correspondence, #2 Exhibit Joint Proposed Scheduling Order, #3 Exhibit Scheduling Conference Transcript, #4 Exhibit Plaintiffs' Third Amended Class Action Complaint, #5 Proposed Order (PDF Only))(Hannon, Kevin) |
| Filing 45 AMENDED COMPLAINT against Otter Products, LLC Attorney Kevin S. Hannon added to party Mike Ryan(pty:pla), Attorney Kevin S. Hannon added to party Daren Olson(pty:pla), filed by Sheriva Shed, Daren Olson, Tresha Davenport, Jonathan Davis, Brandy Sanders, Demetrius McKinnon, Joseph Tkocs, Eric Semple, Troy Button, Mike Ryan, Kentricia Burton, Ian Scheil.(Hannon, Kevin) |
| Filing 44 NOTICE of Filing Amended Pleading by Plaintiffs Mike Ryan, Daren Olson, Kentricia Burton, Sheriva Shed, Demetrius McKinnon, Ian Scheil, Joseph Tkocs, Troy Button, Tresha Davenport, Brandy Sanders, Eric Semple, Jonathan Davis (Attachments: #1 Exhibit Plaintiffs' Third Amended Class Action Complaint and Jury Demand)(Hannon, Kevin) |
| Filing 43 REPLY to Response to #27 MOTION to Dismiss Second Amended Complaint [Dkt 19] filed by Defendant Otter Products, LLC. (Och, Elizabeth) |
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Filing 42
ORDER granting #41 Motion for Leave to File Excess Pages. Defendant may file a reply in support of its #27 Motion to Dismiss not exceeding 4,050 words. SO ORDERED by Judge Daniel D. Domenico on 7/15/2025. Text Only Entry(dddlc9, )
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| Filing 41 Unopposed MOTION for Leave to File Excess Pages by Defendant Otter Products, LLC. (Attachments: #1 Proposed Order (PDF Only) Proposed Order)(Och, Elizabeth) |
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Filing 40
MINUTE ORDER entered by Magistrate Judge N. Reid Neureiter on 7/2/2025. Defendant's Unopposed Motion to Clarify Deadlines for Reply in Support of Motion to Dismiss (ECF No. #38 ) is GRANTED. Defendant shall file its reply in support of its Motion to Dismiss the First Amended Complaint (ECF No. #27 ) on or before July 18, 2025. PLEASE READ ATTACHED MINUTE ORDER.(norlin, )
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Filing 39
ORDER REFERRING MOTION: #38 Unopposed MOTION to Clarify re #27 MOTION to Dismiss Second Amended Complaint [Dkt 19] Deadline for Reply Brief filed by Otter Products, LLC. Motion referred to Magistrate Judge N. Reid Neureiter by Judge Daniel D. Domenico on 7/2/2025. Text Only Entry (dddlc9, )
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| Filing 38 Unopposed MOTION to Clarify re #27 MOTION to Dismiss Second Amended Complaint [Dkt 19] Deadline for Reply Brief by Defendant Otter Products, LLC. (Attachments: #1 Exhibit Excerpts from Transcript)(Och, Elizabeth) |
| Filing 37 TRANSCRIPT of TELEPHONIC STATUS CONFERENCE held on 05/27/2025 before Magistrate Judge Neureiter. Pages: 1-55. Prepared by: AB LITIGATION SERVICES ([email protected] or [email protected]). NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (AB Court Reporting & Video, Inc., ) |
| Filing 36 RESPONSE to #27 MOTION to Dismiss Second Amended Complaint [Dkt 19] filed by Plaintiffs Kentricia Burton, Sheriva Shed, Demetrius McKinnon, Ian Scheil, Joseph Tkocs, Troy Button, Tresha Davenport, Brandy Sanders, Eric Semple, Jonathan Davis. (Attachments: #1 Proposed Order (PDF Only) Proposed Order on Defendant's Motion to Dismiss Plaintiffs' Second Amended Complaint)(Hannon, Kevin) |
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Filing 35
ORDER granting #34 Motion for Leave to File Excess Pages. Plaintiff may file a response to Defendant's motion to dismiss not exceeding 6,000 words. SO ORDERED by Judge Daniel D. Domenico on 6/24/2025. Text Only Entry(dddlc9, )
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| Filing 34 Unopposed MOTION for Leave to File Excess Pages by Plaintiffs Kentricia Burton, Sheriva Shed, Demetrius McKinnon, Ian Scheil, Joseph Tkocs, Troy Button, Tresha Davenport, Brandy Sanders, Eric Semple, Jonathan Davis. (Attachments: #1 Proposed Order (PDF Only) Proposed Order on Plaintiffs' Motion to Increase Word Limit)(Hannon, Kevin) |
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Filing 33
JOINT PROTECTIVE ORDER by Magistrate Judge N. Reid Neureiter on 6/9/2025. (norlin, )
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Filing 32
MINUTE ORDER The parties' Motion in Support of Proposed Joint Protective Order (ECF No. #30 ) is GRANTED. The proposed Joint Protective Order (ECF No. 30-1) is APPROVED and made an Order of Court. PLEASE READ ATTACHED MINUTE ORDER. Entered by Magistrate Judge N. Reid Neureiter on 6/9/2025.(norlin, )
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Filing 31
ORDER REFERRING MOTION: #30 Joint MOTION for Protective Order by Defendant, Otter Products, LLC and filed by Troy Button, Brandy Sanders, Eric Semple, Demetrius McKinnon, Jonathan Davis, Kentricia Burton, Tresha Davenport, Ian Scheil, Sheriva Shed, Joseph Tkocs. Motion referred to Magistrate Judge N. Reid Neureiter by Judge Daniel D. Domenico on 6/9/2025. Text Only Entry (dddlc9, )
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| Filing 30 Joint MOTION for Protective Order by Defendant, Otter Products, LLC and by Plaintiffs Kentricia Burton, Sheriva Shed, Demetrius McKinnon, Ian Scheil, Joseph Tkocs, Troy Button, Tresha Davenport, Brandy Sanders, Eric Semple, Jonathan Davis. (Attachments: #1 Proposed Order (PDF Only) Proposed Joint Protective Order)(Hannon, Kevin) |
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Filing 29
SCHEDULING ORDER: Telephonic Status Conference set for 10/15/2025 at 2:30 PM in Courtroom A 401 before Magistrate Judge N. Reid Neureiter. Discovery due by 5/15/2026. Dispositive Motions due by 6/19/2026. By Magistrate Judge N. Reid Neureiter on May 27, 2025. (rvill, )
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| Filing 28 MINUTE ENTRY for proceedings held before Magistrate Judge N. Reid Neureiter: Scheduling Conference held on 5/27/2025. Plaintiff seeks an extension of time to respond to the motion the dismiss. Plaintiff's oral motion is GRANTED and Plaintiff shall have up to June 27, 2025 to file a response to Defendant's motion to dismiss. Defendants reply due by July 11, 2025. FTR: Courtroom A401. (rvill, ) (Additional attachment(s) added on 5/28/2025: #1 Video Teleconference Instructions) (rvill, ). |
| Filing 27 MOTION to Dismiss Second Amended Complaint [Dkt 19] by Defendant Otter Products, LLC. (Attachments: #1 Exhibit C. Merz Declaration In Support of Motion to Dismiss, #2 Exhibit C. Merz Declaration Exhibit A, #3 Exhibit C. Merz Declaration Exhibit B, #4 Exhibit T. Lancaster Declaration In Support of Motion to Dismiss, #5 Exhibit T. Lancaster Declaration Exhibit 1, #6 Exhibit T. Lancaster Declaration Exhibit 2, #7 Exhibit T. Lancaster Declaration Exhibit 3, #8 Exhibit T. Lancaster Declaration Exhibit 4, #9 Exhibit T. Lancaster Declaration Exhibit 5)(Och, Elizabeth) |
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Filing 26
ORDER granting #25 Motion for Leave to File Excess Pages. Defendant Otter Products may file a motion to dismiss not exceeding 6,000 words. SO ORDERED by Judge Daniel D. Domenico on 5/21/2025. Text Only Entry(dddlc9, )
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| Filing 25 MOTION for Leave to File Excess Pages for Motion to Dismiss by Defendant Otter Products, LLC. (Och, Elizabeth) |
| Filing 24 Proposed Scheduling Order by Plaintiffs Kentricia Burton, Sheriva Shed, Demetrius McKinnon, Ian Scheil, Joseph Tkocs, Troy Button, Tresha Davenport, Brandy Sanders, Eric Semple, Jonathan Davis, Defendant Otter Products, LLC. (Hannon, Kevin) |
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Filing 23
ORDER REFERRING CASE to Magistrate Judge N. Reid Neureiter. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of Local Civ. R. 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. SO ORDERED by Judge Daniel D. Domenico on 5/16/2025. Text Only Entry. (rkeec)
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| Filing 22 MEMORANDUM RETURNING CASE, by Senior Judge William J. Martinez. This case is randomly returned to Judge Daniel D. Domenico for all further proceedings. All future pleadings should be designated as 25-cv-969-DDD (angar, ) |
| Filing 21 CASE REASSIGNED. Pursuant to #20 Consent to Jurisdiction of Magistrate Judge. This case is randomly reassigned to Judge William J. Martinez and drawn to Magistrate Judge N. Reid Neureiter. All parties do not consent. All future pleadings should be designated as 25-cv-969-WJM. (Text Only Entry) (tlove, ) |
| Filing 20 CONSENT to Jurisdiction of Magistrate Judge by Defendant Otter Products, LLC All parties do not consent.. (Och, Elizabeth) |
| Filing 19 AMENDED COMPLAINT against All Defendants Attorney Kevin S. Hannon added to party Brandy Sanders(pty:pla), filed by Sheriva Shed, Tresha Davenport, Jonathan Davis, Demetrius McKinnon, Joseph Tkocs, Eric Semple, Troy Button, Kentricia Burton, Ian Scheil, Brandy Sanders.(Hannon, Kevin) |
| Filing 18 NOTICE of Entry of Appearance by Trenton H. Norris on behalf of Otter Products, LLCAttorney Trenton H. Norris added to party Otter Products, LLC(pty:dft) (Norris, Trenton) |
| Filing 17 NOTICE of Entry of Appearance by Joseph R. O'Connor on behalf of Otter Products, LLCAttorney Joseph R. O'Connor added to party Otter Products, LLC(pty:dft) (O'Connor, Joseph) |
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Filing 16
MINUTE ORDER. It is hereby ORDERED that the parties' Joint Motion Regarding Plaintiffs' Second Amended Complaint and Time to Respond to Second Amended Complaint (ECF No. #15 ) is GRANTED. Plaintiffs are given leave to file a Second Amended Complaint on or before May 5, 2025. Defendant shall answer or otherwise respond to the Second Amended Complaint (or, in the event no Second Amended Complaint is filed, the First Amended Complaint) on or before May 26, 2025. Entered by Magistrate Judge N. Reid Neureiter on 4/18/2025. PLEASE READ THE ATTACHED ORDER. (tlove, )
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| Filing 15 Joint MOTION to Amend/Correct/Modify Plaintiffs Second Amended Complaint And Time To Respond To Second Amended Complaint by Defendant Otter Products, LLC. (Attachments: #1 Proposed Order (PDF Only) Proposed Order)(Och, Elizabeth) |
| Filing 14 NOTICE of Entry of Appearance by Melissa R. Emert on behalf of Kentricia Burton, Sheriva Shed, Demetrius McKinnon, Ian Scheil, Joseph Tkocs, Troy Button, Tresha Davenport, Eric Semple, Jonathan DavisAttorney Melissa R. Emert added to party Kentricia Burton(pty:pla), Attorney Melissa R. Emert added to party Sheriva Shed(pty:pla), Attorney Melissa R. Emert added to party Demetrius McKinnon(pty:pla), Attorney Melissa R. Emert added to party Ian Scheil(pty:pla), Attorney Melissa R. Emert added to party Joseph Tkocs(pty:pla), Attorney Melissa R. Emert added to party Troy Button(pty:pla), Attorney Melissa R. Emert added to party Tresha Davenport(pty:pla), Attorney Melissa R. Emert added to party Eric Semple(pty:pla), Attorney Melissa R. Emert added to party Jonathan Davis(pty:pla) (Emert, Melissa) |
| Filing 13 NOTICE of Entry of Appearance by Gary S. Graifman on behalf of Kentricia Burton, Sheriva Shed, Demetrius McKinnon, Ian Scheil, Joseph Tkocs, Troy Button, Tresha Davenport, Eric Semple, Jonathan DavisAttorney Gary S. Graifman added to party Kentricia Burton(pty:pla), Attorney Gary S. Graifman added to party Sheriva Shed(pty:pla), Attorney Gary S. Graifman added to party Demetrius McKinnon(pty:pla), Attorney Gary S. Graifman added to party Ian Scheil(pty:pla), Attorney Gary S. Graifman added to party Joseph Tkocs(pty:pla), Attorney Gary S. Graifman added to party Troy Button(pty:pla), Attorney Gary S. Graifman added to party Tresha Davenport(pty:pla), Attorney Gary S. Graifman added to party Eric Semple(pty:pla), Attorney Gary S. Graifman added to party Jonathan Davis(pty:pla) (Graifman, Gary) |
| Filing 12 STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendant Otter Products, LLC. Otter Products, LLC answer due 4/2/2025. (Och, Elizabeth) |
| Filing 11 NOTICE of Entry of Appearance by Kevin S. Hannon on behalf of All Plaintiffs Attorney Kevin S. Hannon added to party Kentricia Burton(pty:pla), Attorney Kevin S. Hannon added to party Sheriva Shed(pty:pla), Attorney Kevin S. Hannon added to party Demetrius McKinnon(pty:pla), Attorney Kevin S. Hannon added to party Ian Scheil(pty:pla), Attorney Kevin S. Hannon added to party Joseph Tkocs(pty:pla), Attorney Kevin S. Hannon added to party Troy Button(pty:pla), Attorney Kevin S. Hannon added to party Tresha Davenport(pty:pla), Attorney Kevin S. Hannon added to party Eric Semple(pty:pla), Attorney Kevin S. Hannon added to party Jonathan Davis(pty:pla) (Hannon, Kevin) |
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Filing 10
ORDER SETTING SCHEDULING/PLANNING CONFERENCE AND SETTING DEADLINE FOR FILING OF CONSENT/NON-CONSENT FORM. By Magistrate Judge N. Reid Neureiter on 3/26/2025. Consent Form due by 5/13/2025. Proposed Scheduling Order due 5/19/2025. Scheduling Conference set for 5/27/2025 11:30 AM in Courtroom A 401 before Magistrate Judge N. Reid Neureiter. (tlove, ) [Copies mailed as ordered]
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| Filing 9 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (agryan) |
| Filing 8 Case assigned to Magistrate Judge N. Reid Neureiter. Text Only Entry. (agryan) |
| Filing 7 AFFIDAVIT of Service of District Court Civil (CV) Case Cover Sheet For Initial Pleading Of Complaint, Counterclaim, Cross-Claim Or Third-Party Complaint, Summons, Complaint And Jury Demand, and Plaintiff's First Amended Complaint And Jury Demand upon Otterbox Products, LLC on 03/06/2025. (agryan) |
| Filing 6 PLAINTIFF'S FIRST AMENDED COMPLAINT and Jury Demand against Otter Products, LLC, filed by Sheriva Shed, Tresha Davenport, Jonathan Davis, Demetrius McKinnon, Joseph Tkocs, Eric Semple, Troy Button, Kentricia Burton, Ian Scheil.(agryan) |
| Filing 5 COMPLAINT and Jury Demand against Otter Products, LLC, filed by Tresha Davenport, Troy Button.(agryan) |
| Filing 4 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 withdrawals 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. (Text Only Entry) (agryan) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT. (Och, Elizabeth) |
| Filing 2 ADMINISTRATIVE REMINDER to Filer. It is the responsibility of the attorney or pro se party removing the case to follow Local Rule D.C.COLO.LCivR 81.1 and 28 U.S.C. Section 1446a when filing a Notice of Removal. (Text only entry.) (agryan) |
| Filing 1 NOTICE OF REMOVAL by Otter Products, LLC from Larimer County, Case Number 2025CV30046. (Filing fee $ 405, Receipt Number ACODC-10237414), filed by Otter Products, LLC. (Attachments: #1 Exhibit Exhibit 1 - Register of Actions, #2 Exhibit Exhibit 2 - District Court Summons, #3 Exhibit Exhibit 3 - District Court Civil Case Cover Sheet, #4 Exhibit Exhibit 4 - Complaint and Jury Demand, #5 Exhibit Exhibit 5 - Notice of Judicial Case Management, #6 Exhibit Exhibit 6 - Delay Prevention Order, #7 Exhibit Exhibit 7 - First Amended Complaint, #8 Exhibit Exhibit 8 - Return of Service (Otter Box), #9 Exhibit Exhibit 9 - PHV Motion (Emert), #10 Exhibit Exhibit 10 - Affidavit (Emert), #11 Exhibit Exhibit 11 - Proposed Order (Emert), #12 Exhibit Exhibit 12 - PHV Motion (Graifman), #13 Exhibit Exhibit 13 - Affidavit (Graifman), #14 Exhibit Exhibit 14 - Proposed Order (Graifman), #15 Exhibit Exhibit 15 - Order Re PHV Motion (Emert), #16 Exhibit Exhibit 16 - Order Re PHV Motion (Graifman), #17 Civil Cover Sheet Civil Case Cover Sheet, #18 Supplemental Civil Cover Sheet Supplemental Case Cover Sheet, #19 Exhibit District Court Notice of Removal)(Och, Elizabeth) |
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