Mmolawa v. Diligent Enterprise, Inc. et al
Plaintiff: Tirelo Mmolawa
Defendant: Devon G Williams, Diligent Enterprise, Inc. and Diligent Enterprise, Inc. doing business as Comforcare Home Care
Case Number: 3:2019cv00300
Filed: February 28, 2019
Court: US District Court for the District of Connecticut
Presiding Judge: Vanessa L Bryant
Referring Judge: Robert A Richardson
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. § 201 Fair Labor Standards Act
Jury Demanded By: Plaintiff
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This docket was last retrieved on February 22, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 22, 2021 Opinion or Order Filing 62 ORDER granting #58 Joint Motion for Approval of FLSA and CMWA Settlement and Stipulation of Dismissal with Prejudice; adopting Judge Richardson's Recommended Ruling 61 finding that the settlement is a fair and reasonable resolution of a bona fide dispute under the FLSA and that the provisions of the settlement are reasonable. The case is dismissed with prejudice and without costs to any party pursuant to Fed. R. Civ. P. 41(a)(2). The Clerk is directed to close this matter. Signed by Judge Vanessa L. Bryant on 02/22/2021. (Diamond, Matthew)
February 22, 2021 JUDICIAL PROCEEDINGS SURVEY - FOR COUNSEL ONLY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Shafer, J.)
February 12, 2021 Filing 61 RECOMMENDED RULING recommending that the court grant #58 Joint Motion for Approval of FLSA and CMWA Settlement and Stipulation of Dismissal with Prejudice. A settlement conference was held on February 2, 2021. After five and one-half hours, the parties reached an agreement. Since the case involves alleged violations of the Fair Labor Standards Act (FLSA), the parties are required to seek court approval of the settlement. On February 5, 2021, the parties filed a joint motion to approve the settlement (Dkt #58). The Honorable Vanessa L. Bryant referred the motion to the undersigned. (Dkt. #57 ). The undersigned held a hearing on February 12, 2021. During the hearing, the undersigned asked the parties to: (1) articulate their respective positions on plaintiffs potential range of recovery had plaintiff prevailed at trial; (2) state the amount of the settlement; (3) describe the extent to which the settlement will allow each party to avoid the burdens and expense of litigation; and (4) articulate the seriousness of the risks that each party would have faced had the case not settled. Based on the undersigneds involvement with the settlement conference, the undersigned already had enough information to address the remaining considerations (5) whether the settlement is the product of arms length bargaining between experienced counsel, and (6) whether the settlement is the product of fraud or collusion. The undersigned presided over two lengthy settlement conferences in this case. The conference on February 2, 2021 lasted five and one-half hours. The parties were represented by experienced counsel at both settlement conferences. Each party attended both settlement conferences via Zoom and stayed for the entire conference. Each party was fully informed of each and every settlement offer and specifically assented to the final settlement. As a result, the undersigned does not believe that the settlement is the product of fraud or collusion by the parties. After considering these six factors, the undersigned finds that the settlement that has been reached is a fair and reasonable resolution of a bona fide dispute. Therefore, the undersigned recommends that the Court approve the joint motion to approve the settlement (Dkt. #58) and dismiss the case. Objections due by 2/26/2021. Signed by Judge Robert A. Richardson on 2/12/2021. (Fries, J.)
February 8, 2021 Filing 60 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. A telephonic conference is set for 2/12/2021 at 1:00 PM before Judge Robert A. Richardson. (Fries, J.)
February 8, 2021 Opinion or Order Filing 59 ORDER: A telephonic hearing regarding settlement approval is set for 1:00 PM on 2/12/2021 with Judge Richardson. Conference call instructions have been provided to counsel via email. Signed by Judge Robert A. Richardson on 2/8/2021. (Fries, J.)
February 5, 2021 Filing 58 Joint MOTION for Approval of FLSA and CMWA Settlement and Stipulation of Dismissal with Prejudice by Diligent Enterprise, Inc., Devon G Williams.Responses due by 2/26/2021 Motions referred to Robert A. Richardson(Mastrony, Maura)
February 3, 2021 Opinion or Order Filing 57 ORDER REFERRING CASE to Magistrate Judge Robert A. Richardson for a recommended ruling on approval of the parties' settlement pursuant to the Fair Labor Standards Act, 29 U.S.C. 201, et seq. See Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015). Signed by Judge Vanessa L. Bryant on 2/3/2021. (Shafer, J.)
February 1, 2021 Filing 56 Minute Entry for proceedings held before Judge Robert A. Richardson: Settlement Conference held on 2/1/2021. Case settled. Total Time: 5 hours and 30 minutes. (Fries, J.)
December 22, 2020 Filing 55 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. A video settlement conference is set for 2/1/2021 at 10:30 AM before Judge Robert A. Richardson. (Fries, J.)
December 22, 2020 Opinion or Order Filing 54 ORDER: A second video settlement conference is scheduled for 2/1/21 at 10:30 AM with Judge Richardson. Counsel will be provided with video conference instructions via email. Signed by Judge Robert A. Richardson on 12/22/2020. (Fries, J.)
December 15, 2020 Opinion or Order Filing 53 ORDER directing the parties to jointly contact Judge Richardson's chambers to schedule a second settlement conference. Signed by Judge Vanessa L. Bryant on 12/15/2020. (Diamond, Matthew)
December 14, 2020 Filing 52 Joint STATUS REPORT by Diligent Enterprise, Inc., Devon G Williams. (Mastrony, Maura)
December 7, 2020 Opinion or Order Filing 51 ORDER granting in part and denying in part #43 Defendants' Motion for Summary Judgment for reasons set forth in the attached Memorandum of Decision. The parties shall meet and confer and determine 1) whether they would like a referral to a Magistrate Judge for a settlement conference, and 2) when the case will be trial-ready. The parties shall file a status report within twenty one (21) days of this Order. Signed by Judge Vanessa L. Bryant on 12/07/2020. (Diamond, Matthew)
March 24, 2020 Filing 50 REPLY to Response to #43 MOTION for Summary Judgment filed by Diligent Enterprise, Inc., Devon G Williams. (Mastrony, Maura)
March 13, 2020 Filing 49 NOTICE. Defendant's Partial Motion for Summary Judgment #43 was referred to Judge Richardson in error. Signed by Judge Vanessa L. Bryant on 03/13/2020.(Diamond, Matthew)
March 11, 2020 Filing 48 Amended AFFIDAVIT re #43 MOTION for Summary Judgment Signed By Devon Williams filed by Diligent Enterprise, Inc., Devon G Williams. (Attachments: #1 Exhibit)(Mastrony, Maura)
March 10, 2020 Filing 47 Statement of Material Facts re #43 MOTION for Summary Judgment filed by Tirelo Mmolawa. (Egbarin, Nitor)
March 10, 2020 Filing 46 Memorandum in Opposition re #43 MOTION for Summary Judgment filed by Tirelo Mmolawa. (Attachments: #1 Supplement Table of Contents of Exhibits, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 1)(Egbarin, Nitor)
March 4, 2020 Filing 45 AFFIDAVIT re #43 MOTION for Summary Judgment filed by Diligent Enterprise, Inc., Devon G Williams. (Attachments: #1 Exhibit)(Mastrony, Maura)
March 4, 2020 Filing 44 Statement of Material Facts re #43 MOTION for Summary Judgment filed by Diligent Enterprise, Inc., Devon G Williams. (Attachments: #1 Exhibit)(Mastrony, Maura)
March 4, 2020 Filing 43 MOTION for Summary Judgment by Diligent Enterprise, Inc., Devon G Williams.Responses due by 3/25/2020 (Attachments: #1 Memorandum in Support)Motions referred to Robert A. Richardson(Mastrony, Maura)
February 12, 2020 Filing 42 Minute Entry for proceedings held before Judge Robert A. Richardson: Settlement Conference held on 2/12/2020. Case not settled. Total Time: 5 hours and 26 minutes. (Ferriter-Russo, Emily)
January 9, 2020 Reset deadline: dispositive motions are now due by 3/4/2020 per Dkt. 41. (Shafer, J.)
January 9, 2020 Opinion or Order Filing 41 ORDER granting #40 Defendant's First Motion for Extension of Time until 03/04/2020 to file dispositive motions or pre-trial submissions if no dispositive motion is filed. This motion was filed two days before the current dispositive motion deadline, but does not include a statement explaining why the motion was not filed at least three days before the deadline, as required by Local Rule 7(b)(3). No further extensions will be granted absent complete compliance with Local Rule 7. Signed by Judge Vanessa L. Bryant on 01/09/2019. (Diamond, Matthew)
January 8, 2020 Filing 40 Consent MOTION for Extension of Time until March 4, 2020 to file a dispositive motion and / or the pre-trial submission by Diligent Enterprise, Inc., Devon G Williams. Motions referred to Robert A. Richardson(Dickinson, Craig)
January 2, 2020 Filing 39 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Settlement Conference set for 2/12/2020 10:00 AM in West Courtroom, 450 Main St., Hartford, CT before Judge Robert A. Richardson. (Ferriter-Russo, Emily)
January 2, 2020 Opinion or Order Filing 38 ORDER: A settlement conference is scheduled for 2/12/20 at 10:00 AM with Judge Richardson. Please see attached order for important instructions. Signed by Judge Robert A. Richardson on 1/2/20. (Ferriter-Russo, Emily)
December 23, 2019 Opinion or Order Filing 37 ORDER REFERRING CASE to Magistrate Judge Robert A. Richardson for a settlement conference. Signed by Judge Vanessa L. Bryant on 12/23/2019. (Shafer, J.)
December 23, 2019 Opinion or Order Filing 36 ORDER granting #35 Joint Motion for a Settlement Conference. The parties are directed to promptly contact U.S. Magistrate Judge Robert A. Richardson's Chambers to schedule a settlement conference. Signed by Judge Vanessa L. Bryant on 12/23/2019. (Diamond, Matthew)
December 23, 2019 Filing 35 MOTION for Settlement Conference by Diligent Enterprise, Inc., Devon G Williams. Motions referred to Robert A. Richardson(Dickinson, Craig)
August 29, 2019 Opinion or Order Filing 34 ORDER DENYING without prejudice #30 Motion to Strike Paragraph 15 of the Amended Complaint. See Advisory Committee Notes to Fed. R. of Evid. 408(The amendment does not affect the case law providing that Rule 408 is inapplicable when evidence of the compromise is offered to prove notice.). The Defendant may renew its objection at the close of discovery. Signed by Judge Vanessa L. Bryant on 08/29/2019.(Diamond, Matthew)
August 28, 2019 Filing 33 Minute Entry for proceedings held before Judge Vanessa L. Bryant: Discovery status teleconference held on 8/28/2019. Total Time: 17 minutes. (Court Reporter F. Velez, ECRO.) (Shafer, J.)
August 28, 2019 Filing 32 RESPONSE filed by Tirelo Mmolawa. (Egbarin, Nitor)
August 12, 2019 Filing 31 ANSWER to #22 Amended Complaint with Special Defenses. by Diligent Enterprise, Inc., Devon G Williams.(Mastrony, Maura)
August 12, 2019 Filing 30 MOTION to Strike #22 Amended Complaint (Paragraph 15) by Diligent Enterprise, Inc., Devon G Williams.Responses due by 9/2/2019 Motions referred to Robert A. Richardson(Dickinson, Craig)
July 9, 2019 Opinion or Order Filing 29 ORDER granting #28 Motion for Extension of Time. Defendants' responsive pleading or motion is now due by 8/12/2019; Defendants' responses to Plaintiff's discovery requests are now due by 8/10/2019. Signed by Judge Vanessa L. Bryant on 7/9/2019. (Bryan, Kelsey)
July 9, 2019 Answer deadline updated for Diligent Enterprise, Inc. and Devon G. Williams to 8/12/2019 per Dkt. 29 Order. (Shafer, J.)
July 8, 2019 Filing 28 MOTION for Extension of Time till August 12, 2019 to respond to Plaintiff's Amended Complaint and August 10, 2019 to respond to Plaintiff's Discovery Requests by Diligent Enterprise, Inc., Devon G Williams. Motions referred to Robert A. Richardson(Mastrony, Maura)
June 12, 2019 Opinion or Order Filing 27 ORDER granting #26 Motion for Extension of Time for good cause shown. Defendants' responsive pleading or motion is now due by 7/13/2019. Signed by Judge Vanessa L. Bryant on 6/12/2019. (Bryan, Kelsey)
June 12, 2019 Answer deadline updated for Diligent Enterprise, Inc. and Devon Williams to 7/13/2019 per Dkt. 27 Order. (Shafer, J.)
June 11, 2019 Filing 26 MOTION for Extension of Time until July 13, 2019 to file a responsive pleading or motion directed to Plaintiff's Amended Complaint by Diligent Enterprise, Inc., Devon G Williams. Motions referred to Robert A. Richardson(Mastrony, Maura)
June 4, 2019 Opinion or Order Filing 25 NOTICE: Upon review of Plaintiff's Response to the Order To Show Cause, Dkt. #24 , the Court concludes that Plaintiff's Amended Complaint at Dkt. #22 is the operative complaint, as it was filed with consent of Defendants as agreed upon in the parties' Rule 26(f) Report, Dkt. #19 . Signed by Judge Vanessa L. Bryant on 6/4/2019. (Bryan, Kelsey)
May 29, 2019 Filing 24 RESPONSE TO 23 Order to Show Cause, by Tirelo Mmolawa filed by Tirelo Mmolawa. (Egbarin, Nitor)
May 24, 2019 Opinion or Order Filing 23 ORDER TO SHOW CAUSE: Plaintiff filed an amended complaint, see Dkt. #22 , after the time to do so as a matter of course and without consent from Defendants or leave from the Court as required by Federal Rule of Civil Procedure 15. Plaintiff is ordered to show cause by 5/31/2019 why the amended complaint has legal force and effect. Signed by Judge Vanessa L. Bryant on 5/24/2019. (Bryan, Kelsey)
May 23, 2019 Filing 22 AMENDED COMPLAINT First Amended Complaint against All Defendants, filed by Tirelo Mmolawa.(Egbarin, Nitor)
May 13, 2019 Filing 21 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Discovery status teleconference set for 8/28/2019 at 3:30 PM before Judge Vanessa L. Bryant. To participate in the teleconference, the parties are ordered to call Chambers at 860-240-3123 with all parties on the line. In the alternative, the parties may call Chambers to distribute a dial-in number to the Court. (Shafer, J.)
May 13, 2019 Opinion or Order Filing 20 SCHEDULING ORDER: The Court has evaluated the parties' Joint Rule 26(f) Report #19 and sets the following case management deadlines. A discovery status teleconference will take place on 08/28/2019 at 3:30 pm. All discovery, including but not limited to depositions of expert witnesses, shall be completed by 11/18/2019 . Dispositive motions are due by 01/10/2020. If no dispositive motions are filed, the joint trial memorandum (JTM) is due by 02/14/2020, and a bench trial will take place in the month of March 2020 in Courtroom Three, 450 Main St., Hartford, CT before Judge Vanessa L. Bryant. If dispositive motions are filed, the JTM is due by 11/13/2020, and a bench trial will take place in the month of December 2020 in Courtroom Three, 450 Main St., Hartford, CT before Judge Vanessa L. Bryant. Counsel shall be prepared to present evidence on any day during the month that the bench trial is scheduled to take place. The parties are directed to closely follow Chambers' Practices #10 --including the deadlines and format of filings--when completing and filing the JTM, which shall be accompanied by the motions in limine. All evidentiary objections raised in the JTM must be the subject of a motion in limine and supported by applicable Second Circuit precedent. The parties' exhibit binders and electronic exhibits, as well as any courtroom technology requests, must be submitted no later than two weeks before the month of trial. The Court also requests that any courtesy copies sent to Chambers be printed from the docket and contain the header of the Court's electronic filing system. If and/or when the parties feel that a settlement conference before a Magistrate Judge would be productive, the parties may jointly request such on the docket. Signed by Judge Vanessa L. Bryant on 5/13/2019. (Bryan, Kelsey) Modified on 5/13/2019 (Shafer, J.).
May 13, 2019 Docket Entry Correction re 20 Scheduling Order: all discovery, including but not limited to depositions of expert witnesses, shall be completed by 11/18/2019. (Shafer, J.)
May 8, 2019 Filing 19 REPORT of Rule 26(f) Planning Meeting. (Mastrony, Maura)
April 29, 2019 Reset deadline: Rule 26 Meeting Report due by 5/9/2019 per #11 Order. (Shafer, J.)
April 22, 2019 Filing 18 NOTICE by Diligent Enterprise, Inc., Devon G Williams of Parties' Statement Regading Filing of Form 26(F) Report (Mastrony, Maura)
April 17, 2019 Filing 17 26(f) NOTICE: The Court has reviewed the file in this case to monitor the parties compliance with Local Rule 26(f). Local Rule 26(f) provides that, within thirty days after the appearance of any defendant, the attorneys of record and any unrepresented parties must confer for purposes described in Fed. R. Civ. P. 26(f). Local Rule 26(f) further provides that, within fourteen days after the conference, the participants must jointly file a report of the conference using Form 26(f). It appears that more than forty-four days have passed since the appearance of a defendant in this case but no report has been filed. Accordingly, it is hereby ordered that the parties must file on or before 5/1/2019: (1) a written statement signed by all counsel of record demonstrating that this case is exempt from the requirement of filing a form 26(f) report; or (2) a form 26(f) report along with a written statement signed by all counsel of record explaining why sanctions should not be imposed for the parties failure to comply with Local Rule 26(f). Failure to comply with this order will result in dismissal of the complaint. Signed by Clerk on 4/17/2019. (Shafer, J.)
April 9, 2019 Filing 16 ANSWER to Complaint (Notice of Removal) by Diligent Enterprise, Inc., Devon G Williams.(Mastrony, Maura)
March 4, 2019 Opinion or Order Filing 15 ORDER REFERRING CASE to Magistrate Judge Robert A. Richardson for all pretrial matters. Signed by Judge Vanessa L. Bryant on 03/04/2019. (Shafer, J.)
March 4, 2019 Opinion or Order Filing 14 ORDER granting #13 Consent Motion for Extension of Time. Defendants' responsive pleading or motion is now due by 4/9/2019. Signed by Judge Vanessa L. Bryant on 3/4/2019. (Bryan, Kelsey)
March 4, 2019 Answer deadline updated to 4/9/2019 per Dkt. 14 Order. (Shafer, J.)
March 1, 2019 Filing 13 Consent MOTION for Extension of Time until April 9, 2019 To file a Responsive Pleading by Diligent Enterprise, Inc., Devon G Williams. (Mastrony, Maura)
March 1, 2019 Filing 12 NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES: Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #9 Standing Protective Order, #4 Notice (Other) filed by Diligent Enterprise, Inc., Devon G Williams, #10 Order Re: Chambers Practices, #3 Notice (Other) filed by Diligent Enterprise, Inc., Devon G Williams, #5 Corporate Disclosure Statement filed by Diligent Enterprise, Inc., Devon G Williams, #6 Notice of Appearance filed by Diligent Enterprise, Inc., Devon G Williams, #11 Standing Order For Fair Labor Standards Act Cases Not Pleaded as Collective Actions, #7 Order on Pretrial Deadlines, #1 Notice of Removal, filed by Diligent Enterprise, Inc., Devon G Williams, #2 Notice of Appearance filed by Diligent Enterprise, Inc., Devon G Williams. Signed by Clerk on 3/1/2019. (Attachments: #1 Attachment) (Velez, F.)
February 28, 2019 Opinion or Order Filing 11 Standing Order For Fair Labor Standards Act Cases Not Pleaded as Collective Actions. Signed by Judge Vanessa L. Bryant on 2/28/2019. (Velez, F.)
February 28, 2019 Opinion or Order Filing 10 ORDER RE: Judge's Chambers Practices. Counsel are directed to read and comply with the Chambers Practices and Standing Orders prior to filing any document. So ordered. Signed by Judge Vanessa L. Bryant on 2/28/2019. (Velez, F.)
February 28, 2019 Opinion or Order Filing 9 STANDING PROTECTIVE ORDER. Signed by Judge Vanessa L. Bryant on 2/28/2019. (Velez, F.)
February 28, 2019 Opinion or Order Filing 8 ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Vanessa L. Bryant on 2/28/2019. (Velez, F.)
February 28, 2019 Opinion or Order Filing 7 Order on Pretrial Deadlines: Amended Pleadings due by 4/29/2019; Discovery due by 8/30/2019; Dispositive Motions due by 10/4/2019. Signed by Clerk on 2/28/2019. (Velez, F.)
February 28, 2019 Judge Vanessa L. Bryant added. (Anastasio, F.)
February 28, 2019 Filing 6 NOTICE of Appearance by Maura Mastrony on behalf of Diligent Enterprise, Inc., Devon G Williams (Mastrony, Maura)
February 28, 2019 Filing 5 Corporate Disclosure Statement by Diligent Enterprise, Inc., Devon G Williams. (Dickinson, Craig)
February 28, 2019 Filing 4 NOTICE by Diligent Enterprise, Inc., Devon G Williams of Pending Motions (Dickinson, Craig)
February 28, 2019 Filing 3 NOTICE by Diligent Enterprise, Inc., Devon G Williams of Statement Regarding Removed Case (Dickinson, Craig)
February 28, 2019 Filing 2 NOTICE of Appearance by Craig Thomas Dickinson on behalf of Diligent Enterprise, Inc., Devon G Williams (Dickinson, Craig) Modified on 2/28/2019 to correct parties (Hushin, Z.).
February 28, 2019 Filing 1 NOTICE OF REMOVAL by Devon G Williams, Diligent Enterprise,Inc. from Superior Court, case number UWY-CV19-6045903. Filing fee $ 400 receipt number ACTDC-5176219, filed by Devon G Williams, Diligent Enterprise,Inc.. (Attachments: #1 Exhibit, #2 Exhibit)(Dickinson, Craig) Modified on 2/28/2019 to correct parties(Hushin, Z.).

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Plaintiff: Tirelo Mmolawa
Represented By: Nitor V. Egbarin
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Defendant: Devon G Williams
Represented By: Craig Thomas Dickinson
Represented By: Maura Mastrony
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Defendant: Diligent Enterprise, Inc.
Represented By: Craig Thomas Dickinson
Represented By: Maura Mastrony
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Defendant: Diligent Enterprise, Inc. doing business as Comforcare Home Care
Represented By: Craig Thomas Dickinson
Represented By: Maura Mastrony
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