Lopez v. Bank of Missouri et al
| Miguel R Lopez and Miguel R. Lopez |
| The Bank of Missouri, Comenity Bank k/n/a Bread Financial Holdings, Synovus Bank, Celtic Bank, Applied Bank, First Premier Bank, Capital One Bank (USA) N.A., Mission Lane LLC d/b/a Mission Lane Card Services LLC, Fingerhut Companies, WebBank, LVNV Funding LLC, Resurgent Capital Services LP, MRS BPO LLC, Bank of Missouri, Comenity Bank, Capital One Bank (USA), N.A., Mission Lane LLC doing business as Mission Lane Card Services LLC, Resurgent Capital Services, LP and MRS BPO, LLC |
| 3:2023cv01555 |
| November 28, 2023 |
| US District Court for the District of Connecticut |
| Sarala V Nagala |
| Robert A Richardson |
| Consumer Credit |
| 15 U.S.C. § 1681 Fair Credit Reporting Act |
| Plaintiff |
Docket Report
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Filing 87
ORDER. In ECF No. 43 and again in its answer, Defendant WebBank has stated that "Fingerhut Companies" is a brand name, rather than a legal entity. As such, Fingerhut Companies has not filed an answer. Under Federal Rule of Civil Procedure 21, the Court may, "at any time, on just terms, add or drop a party." By February 1, 2024, Plaintiff shall file a notice stating his position as to whether Fingerhut Companies should be dropped from this matter under Rule 21. Signed by Judge Sarala V. Nagala on 1/25/2024.(Hagemann, Emma)
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| Answer deadline updated for Celtic Bank to 2-7-2024 per Dkt. 78 Order. (Shafer, J.) |
| Filing 86 Disclosure Statement by Comenity Bank identifying Other Affiliate Bread Financial Holdings for Comenity Bank. (Mott, Bridgitte) |
| Filing 85 ANSWER to #1 Complaint with Affirmative Defenses by Comenity Bank.(Mott, Bridgitte) |
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Filing 84
ORDER. The Court is in receipt of the notice of a settlement in principle between Plaintiff and Defendants LVNV Funding LLC and Resurgent Capital Services, LP, see ECF No. 70. Accordingly, all deadlines relevant to these two defendants, including the deadline to respond to Plaintiff's complaint, are hereby suspended for 45 days, until March 11, 2024. If, contrary to the parties' current expectation, no stipulation of dismissal is filed by that time, the Court will set new deadlines at that time, including for LVNV and Resurgent to respond to Plaintiff's complaint. Signed by Judge Sarala V. Nagala on 1/24/2024.(Hagemann, Emma)
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| Filing 83 ANSWER to #1 Complaint with Affirmative Defenses by Mission Lane LLC.(Cash, Rachel) |
| Filing 82 NOTICE of Appearance by Rachel Cash on behalf of Mission Lane LLC (Cash, Rachel) |
| Filing 81 NOTICE of Appearance by Bridgitte E. Mott on behalf of Comenity Bank (Mott, Bridgitte) |
| Filing 80 Defendant MRS BPO LLC's ANSWER to #1 Complaint with Affirmative Defenses with Jury Demand by MRS BPO, LLC.(Kennell, Patrick) |
| Filing 79 NOTICE of Appearance by Patrick Kennell on behalf of MRS BPO, LLC (Kennell, Patrick) |
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Filing 78
ORDER granting #73 Consent Motion for Extension of Time. Defendant Celtic Bank shall answer or otherwise respond to Plaintiff's complaint by February 7, 2024. Signed by Judge Sarala V. Nagala on 1/24/2024. (Hagemann, Emma)
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Filing 77
ORDER DISMISSING DEFENDANT CAPITAL ONE BANK in light of the notice of voluntary dismissal with prejudice filed at ECF No. 71. The Clerk is directed to terminate Defendant Capital One Bank from this action. Signed by Judge Sarala V. Nagala on 1/24/2024.(Hagemann, Emma)
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| Filing 76 CERTIFICATE OF GOOD STANDING re #65 MOTION for Attorney(s) Rachel B. Cash to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-7612186) by Mission Lane LLC. (Wax-Krell, Matthew) |
| Filing 75 ANSWER to #1 Complaint with Affirmative Defenses by Bank of Missouri.(Ostroff, Ethan) |
| Filing 74 ANSWER to #1 Complaint with Affirmative Defenses by First Premier Bank.(Cerrone, Stefanie) |
| Filing 73 Consent MOTION for Extension of Time until February 7, 2024 to Answer or Otherwise Respond to Plaintiff's #1 Complaint by Celtic Bank. (Kontul, Justin) |
| Filing 72 ANSWER to #1 Complaint with Affirmative Defenses by WebBank.(Farooqui, Megan) |
| Filing 71 NOTICE of Voluntary Dismissal of Capital One Bank by Miguel R. Lopez (LaRese, Jennifer) |
| Filing 70 NOTICE of Settlement as to LVNV Funding and Resurgent Capital by Miguel R. Lopez (LaRese, Jennifer) |
| Answer deadline updated for Applied Bank to 2-7-2024 per Dkt. 69 Order. (Shafer, J.) |
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Filing 69
ORDER granting #68 Second Motion for Extension of Time. Defendant Applied Bank shall answer or otherwise respond to Plaintiff's complaint by February 7, 2024. Signed by Judge Sarala V. Nagala on 1/22/2024. (Hagemann, Emma)
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| Filing 68 Second MOTION for Extension of Time until February 7, 2024(Unopposed) to answer the complaint #1 Complaint by Applied Bank. (Riccardulli, Stephen) |
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Filing 67
ORDER granting #65 Motion for Attorney Rachel B. Cash to be Admitted Pro Hac Vice. Certificate of Good Standing due by 3/18/2024. Signed by Judge Sarala V. Nagala on 1/18/2024. (Hagemann, Emma)
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| Filing 66 NOTICE of Appearance by Ethan Ostroff on behalf of Bank of Missouri (Ostroff, Ethan) |
| Filing 65 MOTION for Attorney(s) Rachel B. Cash to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-7612186) by Mission Lane LLC. (Attachments: #1 Affidavit, #2 Exhibit A to Affidavit)(Wax-Krell, Matthew) |
| Filing 64 NOTICE of Appearance by Justin J. Kontul on behalf of Celtic Bank (Kontul, Justin) |
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Filing 63
ORDER granting #53 Motion for Attorney Ethan G. Ostroff to be Admitted Pro Hac Vice. Signed by Judge Sarala V. Nagala on 1/11/2024. (Hagemann, Emma)
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| Filing 62 Disclosure Statement by LVNV Funding LLC. (Robbin, Jonathan) |
| Filing 61 Disclosure Statement by Resurgent Capital Services, LP. (Robbin, Jonathan) |
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Filing 60
ORDER granting #55 Motion for Attorney Justin J. Kontul to be Admitted Pro Hac Vice. Signed by Clerk on 1/10/2024. (Mendez, D)
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| Filing 59 CERTIFICATE OF GOOD STANDING re #49 MOTION for Attorney(s) Megan M. Farooqui to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-7600800) by Fingerhut Companies, WebBank. (Farooqui, Megan) |
| Filing 58 NOTICE of Appearance by Megan Maureen Farooqui on behalf of Fingerhut Companies, WebBank (Farooqui, Megan) |
| Filing 57 Disclosure Statement by WebBank identifying Corporate Parent WebFinancial Holding Corporation, Corporate Parent Steel Partners Holdings, L.P. for WebBank. (Murphy, Peter) |
| Filing 56 Disclosure Statement by Applied Bank. (Riccardulli, Stephen) |
| Filing 55 MOTION for Attorney(s) Justin J. Kontul to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-7606470) by Celtic Bank. (Tannenbaum, Richard) |
| Filing 54 Disclosure Statement by Celtic Bank identifying Corporate Parent Celtic Investment, Inc. for Celtic Bank. (Tannenbaum, Richard) |
| Filing 53 MOTION for Attorney(s) Ethan G. Ostroff to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-7605098) by Bank of Missouri. (Cohen, Daniel) |
| Filing 52 SUMMONS Returned Executed by Miguel R. Lopez. Capital One Bank (USA), N.A. served on 12/11/2023, answer due 1/24/2024. (LaRese, Jennifer) |
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Filing 51
ORDER granting #49 Motion for Attorney Megan M. Farooqui to be Admitted Pro Hac Vice. Certificate of Good Standing due by 3/5/2024. Signed by Clerk on 1/5/2024. (Mendez, D)
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Filing 50
ORDER. Pursuant to Federal Rule of Civil Procedure 7.1, a disclosure statement must be filed with a party's first appearance, pleading, petition, motion, or other request addressed to the Court and must be supplemented if any required information changes during the case. See ECF No 2. Counsel have appeared on behalf of Celtic Bank, Applied Bank, WebBank, LVNV Funding LLC, and Resurgent Capital Services, LP, but to date no disclosure statements have been filed by these Defendants. Accordingly, these Defendants shall file their respective disclosure statements by January 10, 2024. Signed by Judge Sarala V. Nagala on 1/3/2024.(Hagemann, Emma)
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| Filing 49 MOTION for Attorney(s) Megan M. Farooqui to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-7600800) by Fingerhut Companies, WebBank. (Murphy, Peter) |
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Filing 48
ORDER granting #46 Motion for Extension of Time. Capital One shall answer or otherwise respond to Plaintiff's complaint by January 24, 2024. Separately, Plaintiff shall docket proof of service of this Defendant by January 10, 2024. Signed by Judge Sarala V. Nagala on 1/3/2024. (Hagemann, Emma)
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| Answer deadline updated for Capital One Bank (USA), N.A. to 1-24-2024 per Dkt. 48 Order. (Shafer, J.) |
| Filing 47 Disclosure Statement by Capital One Bank (USA), N.A.. (Rich, Brian) |
| Filing 46 MOTION for Extension of Time until January 24, 2024 To Answer #1 Complaint by Capital One Bank (USA), N.A.. (Rich, Brian) |
| Filing 45 NOTICE of Appearance by Brian D. Rich on behalf of Capital One Bank (USA), N.A. (Rich, Brian) |
| Filing 44 NOTICE of Appearance by Peter Joseph Murphy on behalf of WebBank (Revised Notice of Appearance for WebBank and "Fingerhut Companies") (Murphy, Peter) |
| Filing 43 NOTICE by WebBank (Notice Regarding Defendant "Fingerhut Companies" (Murphy, Peter) |
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Filing 42
ORDER granting #39 Motion for Extension of Time and #41 Consent Motion for Extension of Time. Defendants Mission Lane LLC and Celtic Bank shall answer or otherwise respond to Plaintiff's complaint by January 24, 2024. Signed by Judge Sarala V. Nagala on 12/26/2023. (Hagemann, Emma)
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| Set deadline: Rule 26 meeting report due by 2-2-2024. (Shafer, J.) |
| Answer deadline updated per Dkts. 34 and 35 to 1-24-2024 for Applied Bank; Bank of Missouri; Comenity Bank; First Premier Bank; LVNV Funding LLC; MRS BPO, LLC; Resurgent Capital Services, LP; and WebBank. (Shafer, J.) |
| Answer deadline updated for Celtic Bank and Mission Lane LLC to 1-24-2024 per Dkt. 42 Order. (Shafer, J.) |
| Filing 41 Consent MOTION for Extension of Time until January 24, 2024 to Answer or Otherwise Respond to Plaintiff's #1 Complaint by Celtic Bank. (Tannenbaum, Richard) |
| Filing 40 NOTICE of Appearance by Richard J. Tannenbaum on behalf of Celtic Bank (Tannenbaum, Richard) |
| Filing 39 MOTION for Extension of Time until 1/24/2024to Respond to Complaint #1 Complaint by Mission Lane LLC. (Wax-Krell, Matthew) |
| Filing 38 Disclosure Statement by Mission Lane LLC identifying Corporate Parent Mission Lane Holdings Inc. for Mission Lane LLC. (Wax-Krell, Matthew) |
| Filing 37 NOTICE of Appearance by Matthew Todd Wax-Krell on behalf of Mission Lane LLC (Wax-Krell, Matthew) |
| Filing 36 SUMMONS Returned Executed by Miguel R. Lopez. Mission Lane LLC served on 12/4/2023, answer due 12/25/2023. (LaRese, Jennifer) |
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Filing 35
ORDER. Defendant Comenity Bank was served in this matter, see ECF No. 13, but also later executed a waiver of service, see ECF No. 20. For clarity, the Court treats the proof of service filed at ECF No. 13 as setting the response deadline (December 26, 2023), but will sua sponte extend the response deadline to January 24, 2024, for case management purposes. Plaintiff's counsel shall ensure a copy of this order is served on counsel for Comenity Bank via email by December 26, 2023. Signed by Judge Sarala V. Nagala on 12/21/2023.(Hagemann, Emma)
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Filing 34
ORDER granting #26 Consent Motion for Extension of Time. Defendants LVNV Funding LLC and Resurgent Capital Services, LP shall answer or otherwise respond to Plaintiff's complaint by January 24, 2024. In addition, in the interest of case management, Defendants Applied Bank, MRS BPO, LLC, First Premier Bank, WebBank, and Bank of Missouri shall also answer or otherwise respond to Plaintiff's complaint by January 24, 2024. Accordingly, #22 Motion for Extension of Time, #25 Motion for Extension of Time, #28 Motion for Extension of Time, #30 Motion for Extension of Time, and #33 Motion for Extension of Time are denied as moot. Signed by Judge Sarala V. Nagala on 12/21/2023. (Hagemann, Emma)
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| Filing 33 MOTION for Extension of Time until 1/16/2024 to answer or otherwise plead to Complaint #1 Complaint by Bank of Missouri. (Cohen, Daniel) |
| Filing 32 Disclosure Statement by Bank of Missouri identifying Corporate Parent Reliable Community Bancshares, Inc. for Bank of Missouri. (Cohen, Daniel) |
| Filing 31 NOTICE of Appearance by Daniel Cohen on behalf of Bank of Missouri (Cohen, Daniel) |
| Filing 30 Consent MOTION for Extension of Time until January 16, 2024 to Answer or Otherwise Respond to the Complaint #1 Complaint by WebBank. (Murphy, Peter) |
| Filing 29 NOTICE of Appearance by Peter Joseph Murphy on behalf of WebBank (Murphy, Peter) |
| Filing 28 Consent MOTION for Extension of Time until January 9, 2024 Answer or Otherwise Respond to the Complaint by First Premier Bank. (Cerrone, Stefanie) |
| Filing 27 Disclosure Statement by First Premier Bank identifying Corporate Parent United National Corporation for First Premier Bank. (Cerrone, Stefanie) |
| Filing 26 MOTION for Extension of Time until January 24, 2024 Appear, Answer, Move or Respond to Complaint by LVNV Funding LLC, Resurgent Capital Services, LP. (Robbin, Jonathan) |
| Filing 25 First MOTION for Extension of Time until January 12, 2024 to Respond to Plaintiff's Complaint by MRS BPO, LLC. (Khanna, Reshma) |
| Filing 24 NOTICE of Appearance by Reshma Khanna on behalf of MRS BPO, LLC (Khanna, Reshma) |
| Filing 23 First Disclosure Statement by MRS BPO, LLC identifying Corporate Parent MRS Associates, Inc. for MRS BPO, LLC. (Khanna, Reshma) |
| Filing 22 Consent MOTION for Extension of Time until January 16, 2024 to answer the complaint #1 Complaint by Applied Bank. (Riccardulli, Stephen) |
| Filing 21 NOTICE of Appearance by Stephen J. Riccardulli on behalf of Applied Bank (Riccardulli, Stephen) |
| Filing 20 WAIVER OF SERVICE Returned Executed as to Comenity Bank waiver sent on 12/14/2023, answer due 2/12/2024 filed by Miguel R. Lopez. (LaRese, Jennifer) |
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Filing 19
ORDER denying without prejudice #9 Motion for Attorney Thomas J. Lyons, Jr. to be Admitted Pro Hac Vice. The declaration accompanying the motion does not include Attorney Lyons's bar identification numbers for each court to which he has been admitted, or state that no such identification numbers have been assigned, as required by Local Rule 83.1(d)(1)(b). See ECF No. 9 at 5-6 (specifically, the Northern District of California, U.S.D.C. North Dakota, and U.S.D.C. District of Colorado). In addition, although it includes a case citation for the disciplinary proceeding, the declaration accompanying the motion does not include any detail on the circumstances of the discipline, as required by Local Rule of Civil Procedure 83.1(d)(1)(c)(ii). Accordingly, the motion is denied, without prejudice to the refiling of a compliant motion. Signed by Judge Sarala V. Nagala on 12/13/2023. (Hagemann, Emma)
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| Filing 18 SUMMONS Returned Executed by Miguel R. Lopez. WebBank served on 12/5/2023, answer due 12/26/2023. (LaRese, Jennifer) |
| Filing 17 SUMMONS Returned Executed by Miguel R. Lopez. Celtic Bank served on 12/5/2023, answer due 12/26/2023. (LaRese, Jennifer) |
| Filing 16 SUMMONS Returned Executed by Miguel R. Lopez. MRS BPO, LLC served on 12/8/2023, answer due 12/29/2023. (LaRese, Jennifer) |
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Filing 15
ORDER. Defendants First Premier Bank, Applied Bank, Comenity Bank, and Bank of Missouri shall answer or otherwise respond to Plaintiff's complaint by December 26, 2023. Signed by Judge Sarala V. Nagala on 12/11/2023.(Hagemann, Emma)
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| Filing 14 SUMMONS Returned Executed by Miguel R. Lopez. Bank of Missouri served on 12/4/2023, answer due 12/25/2023. (LaRese, Jennifer) |
| Filing 13 SUMMONS Returned Executed by Miguel R. Lopez. Comenity Bank served on 12/5/2023, answer due 12/26/2023. (LaRese, Jennifer) |
| Filing 12 SUMMONS Returned Executed by Miguel R. Lopez. Applied Bank served on 12/4/2023, answer due 12/25/2023. (LaRese, Jennifer) |
| Filing 11 SUMMONS Returned Executed by Miguel R. Lopez. First Premier Bank served on 12/4/2023, answer due 12/25/2023. (LaRese, Jennifer) |
| Filing 10 RESPONSE re #9 MOTION for Attorney(s) Thomas J. Lyons, Jr. to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-7576106) Signed Copy uploaded filed by Miguel R. Lopez. (LaRese, Jennifer) |
| Filing 9 MOTION for Attorney(s) Thomas J. Lyons, Jr. to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-7576106) by Miguel R. Lopez. (LaRese, Jennifer) |
| Filing 8 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Applied Bank, Bank of Missouri, Capital One Bank (USA), N.A., Celtic Bank, Comenity Bank, Fingerhut Companies, First Premier Bank, LVNV Funding LLC, MRS BPO, LLC, Mission Lane LLC, Resurgent Capital Services, LP, Synovus Bank, WebBank* with answer to complaint due within *21* days. Attorney *Jennifer LaRese* *Law Offices of Jennifer LaRese, LLC* *33 Bullet Hill Rd. Suite 301* *Southbury, CT 06488*. (Shafer, J.) |
| Filing 7 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to * All Defendants * with answer to complaint due within *21* days. Attorney *Jennifer LaRese* *Law Offices of Jennifer LaRese, LLC* *33 Bullet Hill Rd. Suite 301* *Southbury, CT 06488*. (Shafer, J.) |
| Filing 6 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 #3 Order on Pretrial Deadlines, #5 Standing Protective Order, Dkt. 2 Notice re: Disclosure Statement, #1 Complaint, and #4 Electronic Filing Order. Signed by Clerk on 11-29-2023. (Shafer, J.) |
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Filing 5
STANDING PROTECTIVE ORDER. Signed by Judge Sarala V. Nagala on 11-28-2023. (Shafer, J.)
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Filing 4
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Sarala V. Nagala on 11-28-2023. (Shafer, J.)
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Filing 3
Order on Pretrial Deadlines: amended pleadings due by 1-27-2024, discovery due by 5-29-2024, and dispositive motions due by 7-3-2024. Signed by Clerk on 11-28-2023. (Shafer, J.)
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| Filing 2 Notice: Pursuant to Federal Rule of Civil Procedure 7.1, a disclosure statement must be filed with a party's first appearance, pleading, petition, motion, response, or other request addressed to the Court and must be supplemented if any required information changes during the case. Signed by Clerk on 11/28/2023.(Maturo, F.) |
| Judge Sarala V. Nagala and Judge Robert A. Richardson added. (Freberg, B) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $402 receipt number ACTDC-7563341.), filed by Miguel R Lopez. (Attachments: #1 Civil Coversheet)(LaRese, Jennifer) |
| Request for Clerk to issue summons as to All Defendants. (LaRese, Jennifer) |
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