Neskes v. American Contract Systems, Inc. et al
| Nomiki Neskes and Emmanuel Neskes |
| American Contract Systems, Inc., O&M Halyard, Inc., Owens & Minor, Inc., Croci Real Estate, LLC, Leesar, Inc., PHILIP FLEISCHHACKER, Robert Cook and PENNY WALLS |
| 2:2025cv01017 |
| November 6, 2025 |
| U.S. District Court for the Middle District of Florida |
| Kyle C Dudek |
| Nicholas P Mizell |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 4, 2026. A more recent docket listing may be available from PACER.
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Filing 68
NOTICE of Local Rule 1.11(e), which provides that, unless an order states another time, a seal under Rule 1.11 expires ninety days after a case is closed and all appeals are exhausted. To prevent the content of a sealed item from appearing on the docket after the seal expires, a party or interested non-party must move for relief before the seal expires. (Signed by Deputy Clerk). (WLB)
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Filing 67
WAIVER of service returned executed on 01/30/26 by Nomiki Neskes(as putative personal representative of Emmanuel Neskes), Emmanuel Neskes, Nomiki Neskes(Individually) as to Owens & Minor, Inc. (Hertz, Eric) Modified on 2/3/2026 to edit docket text. (WLB).
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Filing 66
WAIVER of service returned executed on 01/30/26 by Nomiki Neskes(as putative personal representative of Emmanuel Neskes), Emmanuel Neskes, Nomiki Neskes(Individually) as to Philip Fleischhacker. (Hertz, Eric)
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Filing 65
ORDER granting in part and denying in part #37 Motion to Remand to State Court. The Clerk is DIRECTED to remand this case to state court by transmitting a certified copy of this Order to the Clerk for the Twentieth Judicial Circuit in and for Lee County, Florida. The state-court case was previously captioned 25-CA-005259. Following remand, the Clerk is directed to deny all pending motions and close the case. Signed by District Judge Kyle C. Dudek on 2/2/2026. (CGW)
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Filing 64
PROPOSED summons to be issued by Emmanuel Neskes, Nomiki Neskes(as putative personal representative of Emmanuel Neskes), Nomiki Neskes(Individually). (Hertz, Eric)
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Filing 63
PROPOSED summons to be issued by Emmanuel Neskes, Nomiki Neskes(as putative personal representative of Emmanuel Neskes), Nomiki Neskes(Individually). (Hertz, Eric)
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Filing 62
CASE REFERRED to Mediation. (WLB)
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Filing 61
CASE MANAGEMENT AND SCHEDULING ORDER: Dispositive motions due by 6/7/2027 Final Pretrial Conference set for 1/28/2028 at 01:30 PM before District Judge Kyle C. Dudek Jury Trial term 2/1/2028 at 09:00 AM before District Judge Kyle C. Dudek Conduct mediation hearing by 5/6/2027. Lead counsel to coordinate dates. Signed by All Divisional Judges on 1/27/2026. (WRW)
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Filing 59
Minute Entry. In Person Proceedings held before Magistrate Judge Nicholas P. Mizell: RULE 16(b) CONFERENCE held on 1/23/2026. (Digital) (MLD)
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Filing 58
ORDER entering a Rule 502(d) protective order for the reasons discussed during the Rule 16 hearing. Signed by Magistrate Judge Nicholas P. Mizell on 1/23/2026. (TLP)
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Filing 57
REPLY to Response to Motion re #37 MOTION to Remand to State Court and for Award of Attorneys' Fees and Costs filed by Emmanuel Neskes, Nomiki Neskes(as putative personal representative of Emmanuel Neskes), Nomiki Neskes(Individually). (Attachments: #1 Exhibit Declaration of Steven P. Combs)(Combs, Steven)
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Filing 56
ENDORSED ORDER granting #55 Plaintiff's Motion for Leave to File a Reply to Defendants' Opposition to Remand. Though opposed, the Court finds that a reply will assist the decisional process. Plaintiff may file a reply, not to exceed 10 pages, by January 22, 2026. Signed by District Judge Kyle C. Dudek on 1/15/2026. (BLW)
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Filing 55
MOTION for Leave to File Reply to Defendants' Opposition to Remand by Emmanuel Neskes, Nomiki Neskes(as putative personal representative of Emmanuel Neskes), Nomiki Neskes(Individually). (Combs, Steven)
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Filing 54
MOTION to Dismiss for Lack of Jurisdiction by O&M Halyard, Inc. (Attachments: #1 Exhibit 1 - O&M Halyard Inc. Certificate of Incorporation, #2 Exhibit 2 - ACS Certificate of Incorporation, #3 Affidavit Declaration of Charles Persby)(Pigman, Heather) Modified on 1/15/2026 to edit docket text. (WLB).
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Filing 53
MOTION to Dismiss for Failure to State a Claim by Penny Walls. (Pigman, Heather)
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Filing 52
MOTION to Dismiss for Failure to State a Claim by American Contract Systems, Inc. (Attachments: #1 Exhibit 1 - Mutz v. Sterigenics US LLC)(Pigman, Heather) Modified on 1/15/2026 to edit docket text. (WLB).
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Filing 51
MOTION to Dismiss for Failure to State a Claim by Leesar, Inc. (Nigro, Christopher) Modified on 1/15/2026 to edit docket text. (WLB).
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Filing 50
AMENDED COMPLAINT against American Contract Systems, Inc., Robert Cook, Croci Real Estate, LLC, Philip Fleischhacker, Leesar, Inc., O&M Halyard, Inc., Owens & Minor, Inc., Penny Walls with Jury Demand. filed by Nomiki Neskes(as putative personal representative of Emmanuel Neskes), Nomiki Neskes(Individually), Emmanuel Neskes. Related document: #4 Complaint filed by Nomiki Neskes.(AA) (Main Document 50 replaced to remove exhibit page on 1/5/2026) (AA). Per order #47.
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Filing 49
NOTICE OF RESCHEDULING HEARING: The TELEPHONIC Rule 16(b) Conference hearing scheduled for 1/15/2026 is rescheduled. New scheduling date and time: IN PERSON Rule 16(b) Conference set for 1/23/2026 at 10:30 AM before Magistrate Judge Nicholas P. Mizell. (WRW)
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Filing 48
ENDORSED ORDER denying as moot #18, #19, #21, #23 Motions to Dismiss because Plaintiffs were granted leave to amend. (Doc. #47.) Signed by District Judge Kyle C. Dudek on 12/31/2025. (BLW)
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Filing 47
ORDER granting #44 Plaintiffs' Amended Motion for Leave to Amend Complaint. The Clerk is directed to docket Doc. 44-1 as the operative complaint. Signed by District Judge Kyle C. Dudek on 12/31/2025. (BLW)
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Filing 46
ENDORSED ORDER denying as moot #42 Motion to Amend Complaint since Plaintiff has filed a subsequent motion to amend seeking the same relief. Signed by District Judge Kyle C. Dudek on 12/31/2025. (BLW)
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Filing 45
RESPONSE in Opposition re #37 MOTION to Remand to State Court and for Award of Attorneys' Fees and Costs filed by American Contract Systems, Inc., O&M Halyard, Inc. (Attachments: #1 Exhibit 1 - 2010 to 2015 Sterilization Agreement, #2 Exhibit 2 - 2015 Amendment to 2010 Sterilization Agreement, #3 Exhibit 3 - 2019 to 2024 Sterilization Agreement, #4 Exhibit 4 - 2024 Amendment to 2019 Sterilization Agreement, #5 Exhibit 5 - ACS's 2010 Air Operation Permit, #6 Exhibit 6 - FDEP Email re Receipt of ACS's 2014 Permit, #7 Exhibit 7 - FDEP Acknowledgement re ACS's 2019 Air Operation Permit, #8 Exhibit 8 - ACS's 2024 Air Operation Permit, #9 Affidavit Declaration of Charles Persby)(Pigman, Heather) Modified on 12/31/2025 to edit docket text (MSN).
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Filing 44
Amended MOTION to Amend #4 Complaint by Nomiki Neskes(as putative personal representative of Emmanuel Neskes), Nomiki Neskes(Individually). (Attachments: #1 Exhibit Amended Complaint)(Combs, Steven)
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Filing 43
CASE MANAGEMENT REPORT. (Attachments: #1 Exhibit 1 - Proposed Schedules)(Pigman, Heather)
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Filing 42
MOTION to Amend Complaint by Nomiki Neskes(as putative personal representative of Emmanuel Neskes), Nomiki Neskes(Individually). (Attachments: #1 Exhibit Amended Complaint)(Combs, Steven)
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Filing 41
ENDORSED ORDER granting #39 defendants American Contract Systems, Inc. and O&M Halyard, Inc.'s unopposed motion for extension of time to respond. By January 9, 2026, ACS and O&M must respond to plaintiff's motion to remand (Doc. #37). Signed by Magistrate Judge Nicholas P. Mizell on 12/8/2025. (TLP)
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Filing 40
ENDORSED ORDER denying #38 motion for oral argument on the pending motion to remand. The Court will set oral argument if it believes necessary after the briefing on the underlying motion is complete. Signed by District Judge Kyle C. Dudek on 12/8/2025. (BLW)
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Filing 39
Unopposed MOTION for Extension of Time to File Response/Reply as to #37 MOTION to Remand to State Court and for Award of Attorneys' Fees and Costs by American Contract Systems, Inc., O&M Halyard, Inc. (Pigman, Heather) Motions referred to Magistrate Judge Nicholas P. Mizell. Modified text on 12/8/2025 (MGB).
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Filing 38
REQUEST for oral argument on Motion to Remand and for Award of Attorneys' Fees and Costs by Nomiki Neskes(as putative personal representative of Emmanuel Neskes), Nomiki Neskes(Individually). (Combs, Steven)
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Filing 37
MOTION to Remand to State Court and for Award of Attorneys' Fees and Costs by Nomiki Neskes(as putative personal representative of Emmanuel Neskes), Nomiki Neskes(Individually). (Attachments: #1 Exhibit Case law; Alexander v. Sterigenics, #2 Exhibit Case law; Kamuda v. Sterigenics, #3 Exhibit Dec. 2015 Croci Warranty Deed, #4 Exhibit Air General Permit Notification Form, #5 Exhibit Case law; McLendon v. Becton, #6 Exhibit Case law; Sommerville v. Union Carbide Corp, #7 Exhibit Declaration of Penny Walls)(Combs, Steven) Motions referred to Magistrate Judge Nicholas P. Mizell.
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Filing 36
NOTICE of Appearance by Sara Faber on behalf of American Contract Systems, Inc., O&M Halyard, Inc., Penny Walls (Faber, Sara)
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Filing 35
ENDORSED ORDER granting #34 plaintiff's unopposed motion for extension of time to respond. By December 26, 2025, plaintiff must respond to defendant Leesar, Inc.'s amended motion to dismiss #18, and defendants O&M Halyard, Inc., American Contract Systems, Inc., and Penny Walls's motions to dismiss #19, #21, #23. Signed by Magistrate Judge Nicholas P. Mizell on 11/21/2025. (TLP)
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Filing 34
MOTION for Extension of Time to File Response/Reply by Nomiki Neskes(as putative personal representative of Emmanuel Neskes), Nomiki Neskes(Individually). (Combs, Steven) Motions referred to Magistrate Judge Nicholas P. Mizell.
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Filing 33
NOTICE of a related action per Local Rule 1.07(c) by Nomiki Neskes(as putative personal representative of Emmanuel Neskes), Nomiki Neskes(Individually). Related case(s): Yes (Combs, Steven)
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Filing 32
NOTICE of hearing: Rule 16(b) Conference set for 1/15/2026 at 10:15 AM before Magistrate Judge Nicholas P. Mizell. A Case Management Report to be filed by 12/30/2025.. DIAL: 1-650-479-3207, Access code: 2316 024 8769(WRW)
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Filing 31
SUMMONS issued as to Philip Fleischhacker, Owens & Minor, Inc. (LNR)
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Filing 30
NOTICE of Appearance by Steven Patrick Combs on behalf of Nomiki Neskes (as putative personal representative of Emmanuel Neskes), Nomiki Neskes (Individually). (Combs, Steven)
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Filing 29
PROPOSED summons to be issued by Nomiki Neskes (as putative personal representative of Emmanuel Neskes), Nomiki Neskes (Individually). (Hertz, Joshua)
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Filing 28
PROPOSED summons to be issued by Nomiki Neskes (as putative personal representative of Emmanuel Neskes), Nomiki Neskes (Individually). (Hertz, Joshua)
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Filing 27
(INCORRECT EVENT USED. Counsel to Re-file) NOTICE by Nomiki Neskes(as putative personal representative of Emmanuel Neskes), Nomiki Neskes(Individually) of Appearance of Additional Counsel (Combs, Steven) Modified on 11/17/2025 to edit the docket text (MLB).
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Filing 26
ENDORSED ORDER denying #20, #22, #24 motions for oral argument on the pending motions to dismiss. The Court will set oral argument if it believes necessary after the briefing on the underlying motions is complete. Signed by District Judge Kyle C. Dudek on 11/14/2025. (BLW)
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Filing 25
CIVIL Action Order Signed by All Divisional Judges on 11/13/2025. (WRW)
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Filing 24
REQUEST for oral argument on her Motion to Dismiss by Penny Walls. (Pigman, Heather)
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Filing 23
MOTION to Dismiss for Failure to State a Claim by Penny Walls. (Pigman, Heather)
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Filing 22
REQUEST for oral argument on their Motion to Dismiss Plaintiff's Complaint by American Contract Systems, Inc.. (Pigman, Heather)
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Filing 21
MOTION to Dismiss for Failure to State a Claim by American Contract Systems, Inc. (Attachments: #1 Exhibit 1 - Mutz v. Sterigenics US LLC)(Pigman, Heather) Modified text on 11/14/2025 (AA).
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Filing 20
REQUEST for oral argument on their Motion to Dismiss Plaintiff's Complaint by O&M Halyard, Inc.. (Pigman, Heather)
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Filing 19
MOTION to Dismiss for Lack of Jurisdiction by O&M Halyard, Inc.. (Attachments: #1 Exhibit 1 - O&M Halyard Inc. Certificate of Incorporation, #2 Exhibit 2 - ACS Certificate of Incorporation, #3 Affidavit Declaration of Charles Persby)(Pigman, Heather)
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Filing 18
Amended MOTION to Dismiss Complaint by Leesar, Inc. (Nigro, Christopher) Modified text on 11/14/2025 (AA).
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Filing 17
DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Leesar, Inc. (Nigro, Christopher) Modified on 11/14/2025 to edit docket text. (AR)
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Filing 16
DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Penny Walls. (Pigman, Heather)
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Filing 15
DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by American Contract Systems, Inc. identifying Corporate Parent Owens & Minor, Inc., Corporate Parent O&M Halyard, Inc. for American Contract Systems, Inc... (Pigman, Heather)
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Filing 14
DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by O&M Halyard, Inc. identifying Corporate Parent Owens & Minor, Inc. for O&M Halyard, Inc... (Pigman, Heather)
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Filing 13
NOTICE of Lead Counsel Designation by Heather Ann Pigman on behalf of American Contract Systems, Inc., O&M Halyard, Inc., Penny Walls. Lead Counsel: Heather A. Pigman. (Pigman, Heather)
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Filing 12
DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Nomiki Neskes(as putative personal representative of Emmanuel Neskes), Nomiki Neskes. (Hertz, Eric)
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Filing 11
NOTICE of Lead Counsel Designation by Eric Hertz on behalf of Nomiki Neskes. Lead Counsel: Eric James Hertz. (Hertz, Eric)
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Filing 10
TEXT ORDER: Local Rule 3.03 requires that, with the first appearance, each party must file a disclosure statement using the standard form from the clerk or the court's website. Defendants American Contract Systems, Inc., O&M Halyard, Inc., and Leesar, Inc. have failed to do so. By November 19, 2025, they must file disclosure statements using the standard form, which can be found at: https://www.flmd.uscourts.gov/form/disclosure-statement. Signed by Magistrate Judge Nicholas P. Mizell on 11/12/2025. (TLP)
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Filing 9
ORDER granting #5 unopposed motion for special admission of attorney Eric James Hertz. See order for details. Signed by Magistrate Judge Nicholas P. Mizell on 11/12/2025. (TLP)
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Filing 8
ENDORSED ORDER denying without prejudice for failure to comply with Local Rule 3.01(g) #7 Defendant LeeSar's Motion to Dismiss. The 3.01(g) certification says that this motion does not require conferral before filing. Not so. Local Rule 3.01(g)(1) excepts certain motions from the conferral requirement, but a motion to dismiss is not one of those motions. Signed by District Judge Kyle C. Dudek on 11/12/2025. (BLW)
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Filing 7
MOTION to Dismiss Complaint by Leesar, Inc. (Nigro, Christopher).
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Filing 6
NOTICE of Lead Counsel Designation by Christopher Michael Nigro on behalf of Leesar, Inc. Lead Counsel: Christopher M. Nigro. (Nigro, Christopher).
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Filing 5
Unopposed MOTION for Eric James Hertz to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-24097754 for $150 by All Plaintiffs. (Hertz, Eric) Motions referred to Magistrate Judge Nicholas P. Mizell.
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Filing 4
COMPLAINT against All Defendants with Jury Demand filed by Nomiki Neskes(as putative personal representative of Emmanuel Neskes), Nomiki Neskes. Filed in State Court on 9/25/2025. (RN)
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Filing 3
NEW CASE ASSIGNED to District Judge Kyle C. Dudek and Magistrate Judge Nicholas P. Mizell. New case number: 2:25-cv-01017-KCD-NPM. (JOS)
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Filing 2
DECLARATION of Charles Persby by American Contract Systems, Inc., O&M Halyard, Inc.. (Attachments: #1 Exhibit 1 - June 2014 FDEP Letter, #2 Exhibit 2 - 2009-2014 Lease, #3 Exhibit 3 - 2014 - 2019 Lease, #4 Exhibit 4 - 2010 - 2015 Agreement, #5 Exhibit 5 - 2015 - 2020 Agreement, #6 Exhibit 6 - 2019 - 2024 Agreement, #7 Exhibit 7 - 2024 - 2025 Agreement)(Pigman, Heather)
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Filing 1
COMPLAINT and NOTICE OF REMOVAL from Lee County Circuit Court, case number 25-CA-005259 filed in State Court on 09/25/2025. Filing fee $405, receipt number AFLMDC-24091077 filed by O&M Halyard, Inc., American Contract Systems, Inc.. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 State Court Other Documents, #4 Civil Cover Sheet, #5 A - ACS Articles of Incorporation, #6 B - OMI Articles of Incorporation, #7 C - State Court Notice of Removal, #8 D - Returns of Service)(Pigman, Heather)
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