Pasquinelli et al v. Humbl, LLC. et al
| Matt Pasquinelli and Bryan Paysen |
| Humbl, LLC., Brian Foote, Jeffrey Hinshaw, George Sharp, Karen Garcia and Michele Rivera |
| Xiong Xiao, Tracy S. Davis, Brendan Berry, Alfred Miller and Amit Patel |
| 1:2023cv00743 |
| July 7, 2023 |
| US District Court for the District of Delaware |
| Colm F Connolly |
| Securities/Commodities |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 31, 2023. A more recent docket listing may be available from PACER.
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| Pro Hac Vice Attorney Joseph S. Leventhal and Ross A. Wilson for Brian Foote, Karen Garcia, Jeffrey Hinshaw, Humbl, LLC., and Michele Rivera added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mkr) |
| Pro Hac Vice Attorney Joseph M. Dankert,Mark M. Higuchi,Gregory G. Brown for George Sharp added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (apk) |
| Filing 65 MOTION for Pro Hac Vice Appearance of Attorney Peretz Bronstein - filed by Alfred Miller. (Attachments: #1 Affidavit Certification By Counsel to Be Admitted Pro Hac Vice for Peretz Bronstein)(Eagle, David) |
| Filing 64 MOTION for Pro Hac Vice Appearance of Attorney Ivy Ngo - filed by Alfred Miller, Matt Pasquinelli. (Attachments: #1 Affidavit Certification by Counsel to be Admitted Pro Hac Vice for Ivy Ngo)(Eagle, David) |
| Filing 63 MOTION for Pro Hac Vice Appearance of Attorney John T. Jasnoch - filed by Alfred Miller, Matt Pasquinelli. (Attachments: #1 Certification by Counsel to be Admitted Pro Hac Vice for John T. Jasnoch)(Eagle, David) |
| Filing 62 MOTION for Pro Hac Vice Appearance of Attorney Devin Freedman - filed by Alfred Miller, Matt Pasquinelli. (Attachments: #1 Affidavit Certification by Counsel to be Admitted Pro Hac Vice for Devin Freedman)(Eagle, David) |
| Filing 61 MOTION for Pro Hac Vice Appearance of Attorney Mark M. Higuchi - filed by George Sharp. (Neff, Carl) |
| Filing 60 MOTION for Pro Hac Vice Appearance of Attorney Joseph M. Dankert - filed by George Sharp. (Neff, Carl) |
| Filing 59 MOTION for Pro Hac Vice Appearance of Attorney Gregory G. Brown - filed by George Sharp. (Neff, Carl) |
SO ORDERED, re MOTIONS for Pro Hac Vice Appearance of Attorneys #63 John T. Jasnoch and #62 Devin Freedman, filed by Matt Pasquinelli, Alfred Miller. Ordered by Judge Colm F. Connolly on 8/10/2023. (kmd)
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SO ORDERED, re MOTIONS for Pro Hac Vice Appearance of Attorneys #59 Gregory G. Brown, #61 Mark M. Higuchi, #60 Joseph M. Dankert, filed by George Sharp. Ordered by Judge Colm F. Connolly on 8/10/2023. (kmd)
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SO ORDERED, re #65 MOTION for Pro Hac Vice Appearance of Attorney Peretz Bronstein, filed by Alfred Miller. Ordered by Judge Colm F. Connolly on 8/10/2023. (kmd)
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SO ORDERED, re #64 MOTION for Pro Hac Vice Appearance of Attorney Ivy Ngo, filed by Matt Pasquinelli, Alfred Miller. Ordered by Judge Colm F. Connolly on 8/10/2023. (kmd)
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| Filing 58 NOTICE of Appearance by Sally Elaine Veghte on behalf of Alfred Miller (Veghte, Sally) |
| Filing 57 NOTICE of Appearance by David S. Eagle on behalf of Alfred Miller (Eagle, David) |
| Filing 56 NOTICE of Appearance by Mette Hedegaard Kurth on behalf of Brian Foote, Karen Garcia, Jeffrey Hinshaw, Humbl, LLC., Michele Rivera (Kurth, Mette) |
| Filing 55 NOTICE of Appearance of David S. Eagle and Sally E. Veghte for Plaintiffs by Matt Pasquinelli, Bryan Paysen Individually and on Behalf of All Others Similarly Situated (Eagle, David) |
| Filing 54 NOTICE of Appearance by Carl Douglas Neff and Maura L. Burke on behalf of George Sharp (Neff, Carl) Modified on 8/8/2023 (kmd). |
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SO ORDERED, re MOTIONS for Pro Hac Vice Appearance of Attorneys #53 Joseph S. Leventhal and #52 Ross A. Wilson, filed by Karen Garcia, Brian Foote, Humbl, LLC., Michele Rivera, Jeffrey Hinshaw. Ordered by Judge Colm F. Connolly on 8/7/2023. (kmd)
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| Filing 53 MOTION for Pro Hac Vice Appearance of Attorney Joseph S. Leventhal - filed by Brian Foote, Karen Garcia, Jeffrey Hinshaw, Humbl, LLC., Michele Rivera. (Kurth, Mette) |
| Filing 52 MOTION for Pro Hac Vice Appearance of Attorney Ross A. Wilson - filed by Brian Foote, Karen Garcia, Jeffrey Hinshaw, Humbl, LLC., Michele Rivera. (Kurth, Mette) |
| Filing 51 NOTICE of Appearance by Mette Hedegaard Kurth on behalf of Humbl, LLC. (Kurth, Mette) |
| Remark: D.I. #49 Local Counsel Letter, has been mailed to Brianna Kay Pierce's correct address. (mpb) |
| Filing 50 Return of Undeliverable Mail of D.I. #49 Local Counsel Letter sent to Brianna Kay Pierce, Insufficient Address. (mpb) |
| Case Assigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. (rjb) |
| Filing 49 Local Counsel Letter sent. Notice of Compliance deadline set for 8/9/2023. (jdb) |
| Filing 48 Record of case transferred in from District of California Southern; Case Number in Other District: 3:22-cv-00723. Copy of Docket Sheet and original file |
| Filing 47 Case transferred to District of District of Delaware. Files transferred electronically to: *District of District of Delaware*.*844 North King St., Unit 18**Wilmington, DE 19801-3570*. Signed by Judge Anthony J. Battaglia on 7/07/2023. (Attachments: #1 Transfer Order) (maq) [Transferred from California Southern on 7/10/2023.] |
| Filing 46 NOTICE of Supplemental Authority regarding their pending Motion to Transfer Venue Pursuant to 28 U.S.C. 1404(a), by Brian Foote, Karen Garcia, Jeffrey Hinshaw, Humbl, LLC., Michele Rivera (Leventhal, Joseph) (maq). [Transferred from California Southern on 7/10/2023.] |
| Filing 45 NOTICE of Appearance by Mollie Elizabeth Chadwick on behalf of Matt Pasquinelli (Chadwick, Mollie) Attorney Mollie Elizabeth Chadwick added to party Matt Pasquinelli (pty:pla) (maq). [Transferred from California Southern on 7/10/2023.] |
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Filing 44
ORDER BY JUDGE BATTAGLIA, Motions Submitted #33 MOTION to Dismiss for Failure to State a Claim , #31 MOTION to Change Venue. These motions are suitable for determination on the papers and without need for oral argument, pursuant to CivLR 7.1.d.1. Accordingly, no appearances are required and these motions are deemed submitted as of this date. (no document attached) (sc) [Transferred from California Southern on 7/10/2023.]
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| Filing 43 REPLY to Response to Motion re #33 MOTION to Dismiss for Failure to State a Claim filed by George Sharp. (Brown, Gregory) [Transferred from California Southern on 7/10/2023.] |
| Filing 42 RESPONSE in Opposition re #33 MOTION to Dismiss for Failure to State a Claim filed by Alfred Miller, Matt Pasquinelli. (Ngo, Ivy) (ddf). [Transferred from California Southern on 7/10/2023.] |
| Filing 41 REPLY to Response to Motion re #31 MOTION to Change Venue filed by Brian Foote, Karen Garcia, Jeffrey Hinshaw, Humbl, LLC., Michele Rivera. (Leventhal, Joseph) (ddf). [Transferred from California Southern on 7/10/2023.] |
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Filing 40
ORDER Extending Briefing Scheules. The HUMBL Defendants' Reply in further support of their Motion to Transfer shall due by 11/21/2022. Plaintiff's response to Defendant Sharp's Motion to Dismiss shall be due by 11/21/2022. Defendant Sharp's Reply in support of his Motion to Dismiss shall be due by12/1/2022. Signed by Judge Anthony J. Battaglia on 11/15/2022. (jrm) [Transferred from California Southern on 7/10/2023.]
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| Filing 39 Joint MOTION to Change Venue Stipulation by Brian Foote, Karen Garcia, Jeffrey Hinshaw, Humbl, LLC., Michele Rivera. (Leventhal, Joseph)(jrm). [Transferred from California Southern on 7/10/2023.] |
| Filing 38 RESPONSE in Opposition re #31 MOTION to Change Venue filed by Alfred Miller, Matt Pasquinelli. (Ngo, Ivy) (jrm). [Transferred from California Southern on 7/10/2023.] |
| Filing 37 NOTICE of Appearance by Brianna Kay Pierce on behalf of Alfred Miller, Matt Pasquinelli (Pierce, Brianna)Attorney Brianna Kay Pierce added to party Alfred Miller(pty:mov), Attorney Brianna Kay Pierce added to party Matt Pasquinelli(pty:pla)(jrm). [Transferred from California Southern on 7/10/2023.] |
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Filing 36
ORDER Setting Briefing Schedule re #33 MOTION to Dismiss for Failure to State a Claim : Responses due by 11/14/2022; Replies due by 11/21/2022; sur-replies will not be accepted. Motion hearing scheduled for 2/2/23 at 2:00 p.m.(no document attached) (sc) [Transferred from California Southern on 7/10/2023.]
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| Filing 35 NOTICE of Change of Address by Constantine Philip Economides (Economides, Constantine) (jrm). [Transferred from California Southern on 7/10/2023.] |
| Filing 34 NOTICE of Change of Address by Ivy T. Ngo (Ngo, Ivy) (jrm). [Transferred from California Southern on 7/10/2023.] |
| Filing 33 MOTION to Dismiss for Failure to State a Claim by George Sharp. (Attachments: #1 Memo of Points and Authorities In Support of Defendant George Sharp's Motion To Dismiss The First Amended Class Action Complaint Pursuant To Federal Rule Of Civil Procedure 12(b)(6))(Brown, Gregory)(jrm). [Transferred from California Southern on 7/10/2023.] |
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Filing 32
ORDER BY JUDGE BATTAGLIA: Setting Briefing Schedule re #31 MOTION to Change Venue : Responses due by 11/7/2022; Replies due by 11/14/2022; sur-replies will not be accepted Motion hearing scheduled for 2/2/23 at 2:00 p.m.(no document attached) (sc) [Transferred from California Southern on 7/10/2023.]
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| Filing 31 MOTION to Change Venue by Brian Foote, Karen Garcia, Jeffrey Hinshaw, Humbl, LLC., Michele Rivera. (Attachments: #1 Memo of Points and Authorities, #2 Declaration Brian Foote, #3 Exhibit A)(Leventhal, Joseph)Attorney Joseph S. Leventhal added to party Karen Garcia(pty:dft), Attorney Joseph S. Leventhal added to party Michele Rivera(pty:dft)(jrm). [Transferred from California Southern on 7/10/2023.] |
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Filing 30
ORDER granting #29 Motion for Extension of Time to File Responses due by 10/31/2022. Signed by Judge Anthony J. Battaglia on 10/21/2022. (alns) [Transferred from California Southern on 7/10/2023.]
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| Filing 29 Joint MOTION for Extension of Time to File a Response to Amended Complaint by George Sharp. (Brown, Gregory)Attorney Gregory Garth Brown added to party George Sharp(pty:dft) (alns). [Transferred from California Southern on 7/10/2023.] |
| Filing 28 Summons Issued re #26 . 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. (jrm) [Transferred from California Southern on 7/10/2023.] |
| Filing 26 AMENDED COMPLAINT with Jury Demand for Violations of the Federal Securities Laws against All Defendants, filed by Matt Pasquinelli, Alfred Miller. (Attachments: #1 Exhibit 1)New Summons Requested. (Ngo, Ivy) (jrm). [Transferred from California Southern on 7/10/2023.] |
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Filing 24
Order Granting Stipulation and Joint Motion to Set Schedule for the Filing of the Amended Complaint and Responses Thereto (Doc. No. #23 ). Signed by Judge Anthony J. Battaglia on 8/26/2022. (jrm) [Transferred from California Southern on 7/10/2023.]
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| Filing 23 Joint MOTION for Extension of Time to Amend and Stipulation to Set Schedule for The Filing of the Amended Complaint and Responses Thereto by Alfred Miller, Matt Pasquinelli. (Jasnoch, John)Attorney John T. Jasnoch added to party Alfred Miller(pty:mov) (jrm). [Transferred from California Southern on 7/10/2023.] |
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Filing 22
Order re Findings on Matt Pasquinelli and Alfred Millers Joint Motion to Appoint Co-Lead Plaintiffs and Co-Lead Counsel. The Court appoints Pasquinelli and Miller as Co-Lead Plaintiffs and appoints Roche Freedman and Scott+Scott as Co-Lead Counsel in this action for the reasons stated in the Court's 8/12/2022 Order and supplemented herewith. Signed by Judge Anthony J. Battaglia on 8/15/2022.(jrm) [Transferred from California Southern on 7/10/2023.]
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Filing 21
Order Granting Joint Motion Regarding Motions for Lead Plaintiff and Approval of Selection of Lead Counsel. Signed by Judge Anthony J. Battaglia on 8/12/2022. (jrm) [Transferred from California Southern on 7/10/2023.]
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| Filing 20 Joint MOTION to Appoint Counsel and Co-Lead Plaintiffs by Alfred Miller, Matt Pasquinelli. (Jasnoch, John)(jrm). [Transferred from California Southern on 7/10/2023.] |
| Filing 19 NOTICE OF NON-OPPOSITION TO THE COMPETING MOTIONS FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF SELECTION OF COUNSEL by Brendan Berry (Fortunato, Melissa)(jrm). [Transferred from California Southern on 7/10/2023.] |
| Filing 18 NOTICE of Withdrawal of Motion by Xiong Xiao re #9 MOTION to Appoint Counsel and Lead Plaintiff (Rosen, Laurence) (jrm). [Transferred from California Southern on 7/10/2023.] |
| Filing 17 NOTICE of Non-Opposition by Tracy S. Davis (Prongay, Robert) (jrm). [Transferred from California Southern on 7/10/2023.] |
| Filing 16 NOTICE of Non-Opposition to Competing Motions for Appointment as Lead Plaintiff and Approval of Selection of Counsel by Amit Patel re #14 MOTION to Appoint Counsel and Lead Plaintiff (Pafiti, Jennifer)(jrm). [Transferred from California Southern on 7/10/2023.] |
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Filing 15
ORDER BY JUDGE BATTAGLIA: Setting Briefing Schedule re #13 MOTION to Appoint Counsel Roche Freedman, #10 MOTION to Appoint Counsel and Lead Plaintiff; and Memorandum of Law in Support Thereof, #11 MOTION to Appoint Counsel and Appoint Lead Plaintiff, #12 MOTION to Appoint Counsel and Motion of Brendan Berry for Appointment as Lead Plaintiff, #14 MOTION to Appoint Counsel and Lead Plaintiff, #9 MOTION to Appoint Counsel and Lead Plaintiff : Responses due by 8/10/2022; Replies due by 8/24/2022; sur-replies will not be accepted. Motion Hearing set for 10/6/2022 at 2:00 PM in Courtroom 4A before Judge Anthony J. Battaglia.(no document attached) (sc) [Transferred from California Southern on 7/10/2023.]
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| Filing 14 MOTION to Appoint Counsel and Lead Plaintiff by Amit Patel. (Attachments: #1 Memo of Points and Authorities, #2 Proposed Order, #3 Declaration, #4 Exhibit A - Loss Chart, #5 Exhibit B - Press Release, #6 Exhibit C - Certification and Schedule A, #7 Exhibit D - Movant Declaration, #8 Exhibit E - Firm Resume)(Pafiti, Jennifer)Attorney Jennifer Pafiti added to party Amit Patel(pty:mov) (jpp). [Transferred from California Southern on 7/10/2023.] |
| Filing 13 MOTION to Appoint Counsel Roche Freedman by Alfred Miller. (Attachments: #1 Memo of Points and Authorities ISO Motion for Appointment of Alfred Miller as Lead Plaintiff, #2 Declaration of Ivy T. Ngo, #3 Exhibit A. PSLRA Cert, #4 Exhibit B. Loss Chart, #5 Exhibit C. Miller Decl, #6 Exhibit D. Firm Resume, #7 Exhibit E. PSLRA Notice)(Ngo, Ivy)Attorney Ivy T. Ngo added to party Alfred Miller(pty:mov) (jpp). [Transferred from California Southern on 7/10/2023.] |
| Filing 12 MOTION to Appoint Counsel and Motion of Brendan Berry for Appointment as Lead Plaintiff by Brendan Berry. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Melissa A. Fortunato, #3 Exhibit 1 - Certification, #4 Exhibit 2 - Loss Chart, #5 Exhibit 3 - PSLRA Notice, #6 Exhibit 4 - BES Firm Resume)(Fortunato, Melissa)Attorney Melissa Fortunato added to party Brendan Berry(pty:mov) (jpp). [Transferred from California Southern on 7/10/2023.] |
| Filing 11 MOTION to Appoint Counsel and Appoint Lead Plaintiff by Tracy S. Davis. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Robert V. Prongay, #3 Exhibit A - Press Release, #4 Exhibit B - Certification, #5 Exhibit C - Loss Chart, #6 Exhibit D - GPM Firm Resume, #7 Proof of Service)(Prongay, Robert)Attorney Robert Vincent Prongay added to party Tracy S. Davis(pty:mov) (jpp). [Transferred from California Southern on 7/10/2023.] |
| Filing 10 MOTION to Appoint Counsel and Lead Plaintiff; and Memorandum of Law in Support Thereof by Matt Pasquinelli. (Attachments: #1 Proposed Order, #2 Declaration of John T. Jasnoch, #3 Exhibit A - PSLRA Notice, #4 Exhibit B - PSLRA Certification, #5 Exhibit C - Loss Chart, #6 Exhibit D - Scott+Scott resum)(Jasnoch, John) (jpp). [Transferred from California Southern on 7/10/2023.] |
| Filing 9 ***Document withdrawn per Doc. #18 *** MOTION to Appoint Counsel and Lead Plaintiff by Xiong Xiao. (Attachments: #1 Proposed Order, #2 Memo of Points and Authorities, #3 Declaration of Laurence Rosen, #4 Exhibit 1 - PSLRA Early Notice, #5 Exhibit 2 - Movant's PSLRA Certification, #6 Exhibit 3 - Movant's Loss Chart, #7 Exhibit 4 - RLF Firm Resume)(Rosen, Laurence)Attorney Laurence M. Rosen added to party Xiong Xiao(pty:mov) (jpp). Modified to withdraw on 8/11/2022 (jrm). [Transferred from California Southern on 7/10/2023.] |
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Filing 8
Order Granting Stipulation and Joint Motion to Extend Time to Respond to Complaint Pursuant to Local Rules 7.2 and 12.1. Defendants' deadline to file a responsive pleading or motion is hereby extended until 30 days after the anticipated filing of an amended complaint, which will follow the Courts appointment of lead counsel and lead plaintiffs. Signed by Judge Anthony J. Battaglia on 7/12/2022. (jrm) [Transferred from California Southern on 7/10/2023.]
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| Filing 7 Joint MOTION for Extension of Time to File Answer re #1 Complaint, by Brian Foote, Jeffrey Hinshaw, Humbl, LLC. (Leventhal, Joseph)Attorney Joseph S. Leventhal added to party Brian Foote(pty:dft), Attorney Joseph S. Leventhal added to party Jeffrey Hinshaw(pty:dft), Attorney Joseph S. Leventhal added to party Humbl, LLC.(pty:dft) (jrm). [Transferred from California Southern on 7/10/2023.] |
| Filing 6 SUMMONS Returned Executed by Matt Pasquinelli, Bryan Paysen. George Sharp served. (Jasnoch, John) (jpp). [Transferred from California Southern on 7/10/2023.] |
| Filing 5 SUMMONS Returned Executed by Matt Pasquinelli, Bryan Paysen. Brian Foote served. (Jasnoch, John)(jrm). [Transferred from California Southern on 7/10/2023.] |
| Filing 4 SUMMONS Returned Executed by Matt Pasquinelli, Bryan Paysen. Jeffrey Hinshaw served. (Jasnoch, John)(jrm). [Transferred from California Southern on 7/10/2023.] |
| Filing 3 SUMMONS Returned Executed by Matt Pasquinelli, Bryan Paysen. Humbl, LLC. served. (Jasnoch, John)(jrm). [Transferred from California Southern on 7/10/2023.] |
| Filing 2 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. (alns) (jms). [Transferred from California Southern on 7/10/2023.] |
| Filing 1 COMPLAINT with Jury Demand against All Defendants ( Filing fee $ 402 receipt number ACASDC-16838707.), filed by Matt Pasquinelli, Bryan Paysen. (Attachments: #1 Civil Cover Sheet)The new case number is 3:22-cv-723-AJB-BLM. Judge Anthony J. Battaglia and Magistrate Judge Barbara Lynn Major are assigned to the case. (Jasnoch, John)(alns) (jms). [Transferred from California Southern on 7/10/2023.] |
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