Jane Doe 1 et al v. Varsity Brands, LLC et al
| Jane Does 1, and 2 by and through their mother, Mary Doe, and Jane Doe 3, by and through her father, Joseph Doe, Jane Doe 1, Jane Doe 2 and Jane Doe 3 |
| Varsity Brands, LLC, Varsity Spirit, LLC, Varsity Brands Holding Company, Inc., U.S. All Star Federation, Inc. d/b/a U.S. All Star Federation, USA Federation for Sport Cheering d/b/a USA Cheer, Charlesbank Capital Partners, LP, Bain Capital, LP, Jeff Webb, Champion Elite Legacy LLC, Ashley Hughes, Erick Kristianson, U.S. All Star Federation, Inc. doing business as U.S. All Star Federation, USA Federation for Sport Cheering doing business as USA Cheer and Champion Elite Legacy |
| 6:2023cv00788 |
| April 28, 2023 |
| US District Court for the Middle District of Florida |
| Wendy W Berger |
| Leslie Hoffman Price |
| Other Fraud |
| 28 U.S.C. § 1331 Fed. Question |
| Both |
Docket Report
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| Document Text |
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| Filing 86 CORPORATE Disclosure Statement by Bain Capital, LP identifying Corporate Parent Bain Capital, LP for Bain Capital, LP.. (Nealy-Brown, Jounice) |
| Filing 85 NOTICE of a related action per Local Rule 1.07(c) by Bain Capital, LP. Related case(s): Yes (Nealy-Brown, Jounice) |
Filing 84
ORDER granting #80 Motion to Appear Pro Hac Vice; granting #81 Motion to Appear Pro Hac Vice; granting #82 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Leslie Hoffman Price on 6/26/2023. (MKH)
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| Filing 83 MOTION for Clerk's Default against Erick Kristianson AND MEMORANDUM IN SUPPORT by Jane Doe 3, Jane Doe 1, Jane Doe 2. (Bell, James) Motions referred to Magistrate Judge Leslie Hoffman Price. |
| Filing 82 Unopposed MOTION for Helen Gugel to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20977712 for $150 by Varsity Brands Holding Company, Inc., Varsity Brands, LLC. (Lopez, Kimberly) Motions referred to Magistrate Judge Leslie Hoffman Price. |
| Filing 81 Unopposed MOTION for Robert G. Jones to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20977686 for $150 by Varsity Brands Holding Company, Inc., Varsity Brands, LLC. (Lopez, Kimberly) Motions referred to Magistrate Judge Leslie Hoffman Price. |
| Filing 80 Unopposed MOTION for Leon Kotlyar to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20977622 for $150 by Varsity Brands Holding Company, Inc., Varsity Brands, LLC. (Lopez, Kimberly) Motions referred to Magistrate Judge Leslie Hoffman Price. |
| Reset deadlines: Case management report due by 7/12/2023 (KNC) |
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Filing 79
ORDER granting #77 Motion for Extension of Time. The deadline for the parties to file their case management report is extended up to and including July 12, 2023. Signed by Magistrate Judge Leslie Hoffman Price on 6/23/2023. (MKH)
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| Filing 78 NOTICE of Lead Counsel Designation by Jounice Laverne Nealy-Brown on behalf of Bain Capital, LP. Lead Counsel: Manisha M. Sheth. (Nealy-Brown, Jounice) |
| Filing 77 Joint MOTION for Extension of Time to File Uniform Case Management Report by Jane Doe 1, Jane Doe 2, Jane Doe 3. (Bell, James) Motions referred to Magistrate Judge Leslie Hoffman Price. Modified on 6/26/2023 to edit docket text (KNC). |
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Filing 76
ORDER granting #69 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Leslie Hoffman Price on 6/23/2023. (MKH)
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Filing 75
ORDER granting #63 Motion to Appear Pro Hac Vice; granting #64 Motion to Appear Pro Hac Vice; granting #65 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Leslie Hoffman Price on 6/23/2023. (MKH)
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Filing 74
ORDER granting #58 Motion to Appear Pro Hac Vice; granting #59 Motion to Appear Pro Hac Vice; granting #67 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Leslie Hoffman Price on 6/23/2023. (MKH)
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| Filing 73 CORPORATE Disclosure Statement by Varsity Spirit, LLC identifying Corporate Parent Varsity Brands, LLC for Varsity Spirit, LLC. (Moore, Jennifer) Modified on 6/22/2023 to edit docket text (KNC). |
| Filing 72 CORPORATE Disclosure Statement by USA Federation for Sport Cheering. (Pidermann, Stephanie) |
| Filing 71 NOTICE of a Related Action by USA Federation for Sport Cheering Related Cases: Yes (Pidermann, Stephanie) Modified on 6/22/2023 to edit docket text (KNC). |
| Filing 70 NOTICE of a related action per Local Rule 1.07(c) by Varsity Spirit, LLC. Related case(s): Yes (Moore, Jennifer) |
| Filing 69 Unopposed MOTION for Ashley P. Cuttino to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20966999 for $150 by Varsity Spirit, LLC. (Moore, Jennifer) Motions referred to Magistrate Judge Leslie Hoffman Price. |
| Filing 68 NOTICE of Appearance by Nathan W. Hill on behalf of Bain Capital, LP (Hill, Nathan) |
| Filing 67 Unopposed MOTION for Alexandra Benevento to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20966614 for $150 by Jane Doe 1, Jane Doe 2, Jane Doe 3. (Bell, James) Motions referred to Magistrate Judge Leslie Hoffman Price. |
| Filing 66 NOTICE TO COUNSEL for Defendant Bain Capital, LP of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (KNC) |
| Filing 65 Unopposed MOTION for Manisha M. Sheth to appear pro hac vice by Bain Capital, LP. (Nealy-Brown, Jounice) Motions referred to Magistrate Judge Leslie Hoffman Price. |
| Filing 64 Unopposed MOTION for Kathryn Bonacorsi to appear pro hac vice by Bain Capital, LP. (Nealy-Brown, Jounice) Motions referred to Magistrate Judge Leslie Hoffman Price. |
| Filing 63 Unopposed MOTION for Josef Ansorge to appear pro hac vice by Bain Capital, LP. (Nealy-Brown, Jounice) Motions referred to Magistrate Judge Leslie Hoffman Price. |
| Filing 62 NOTICE of Appearance by Jonathan Kent Osborne on behalf of Bain Capital, LP (Osborne, Jonathan) |
| Filing 61 NOTICE of a related action per Local Rule 1.07(c) by Varsity Brands Holding Company, Inc., Varsity Brands, LLC. Related case(s): Yes (Lopez, Kimberly) |
| Filing 60 NOTICE of Appearance by Jounice Laverne Nealy-Brown on behalf of Bain Capital, LP (Nealy-Brown, Jounice) |
| Filing 59 Unopposed MOTION for Bakari T. Sellers to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20963742 for $150 by Jane Doe 1, Jane Doe 2, Jane Doe 3. (Bell, James) Motions referred to Magistrate Judge Leslie Hoffman Price. |
| Filing 58 Unopposed MOTION for Jessica L. Fickling to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20963730 for $150 by Jane Doe 1, Jane Doe 2, Jane Doe 3. (Bell, James) Motions referred to Magistrate Judge Leslie Hoffman Price. |
| Filing 57 NOTICE of Lead Counsel Designation by Stephanie Pidermann on behalf of USA Federation for Sport Cheering. Lead Counsel: Stephanie Pidermann, Esq. (Pidermann, Stephanie) |
| Filing 56 NOTICE of a related action per Local Rule 1.07(c) by Charlesbank Capital Partners, LP. Related case(s): Yes (Zehnder, Thomas) |
| Filing 55 CORPORATE Disclosure Statement by Charlesbank Capital Partners, LP. (Zehnder, Thomas) |
| Filing 54 NOTICE of Lead Counsel Designation by Thomas A. Zehnder on behalf of Charlesbank Capital Partners, LP. Lead Counsel: Scott A. Edelman. (Zehnder, Thomas) |
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Filing 53
ORDER granting #50 Motion to Appear Pro Hac Vice; granting #51 Motion to Appear Pro Hac Vice. Katherine Kelly Fell, Esq., and Scott A. Edelman, Esq., may specially appear in this case as counsel for Defendant Charlesbank Capital Partners, LP. The Clerk of Court is directed to mail a copy of this Order to Attorneys Fell and Edelman. Signed by Magistrate Judge Leslie Hoffman Price on 6/20/2023. (ECJ)
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| Filing 52 NOTICE TO COUNSEL for Charlesbank Capital Partners, LP of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (KNC) |
| Filing 51 Unopposed MOTION for Scott A. Edelman to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20953369 for $150 by Charlesbank Capital Partners, LP. (Zehnder, Thomas) Motions referred to Magistrate Judge Leslie Hoffman Price. |
| Filing 50 Unopposed MOTION for Katherine Kelly Fell to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20953365 for $150 by Charlesbank Capital Partners, LP. (Zehnder, Thomas) Motions referred to Magistrate Judge Leslie Hoffman Price. |
| Filing 49 NOTICE of Appearance by Thomas A. Zehnder on behalf of Charlesbank Capital Partners, LP (Zehnder, Thomas) |
| Filing 48 NOTICE of Appearance by Dustin Michael Mauser-Claassen on behalf of Charlesbank Capital Partners, LP (Mauser-Claassen, Dustin) |
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Filing 47
ORDER denying without prejudice #46 Motion for Clerk's Default. A renewed motion, which shall be filed on or before June 27, 2023, must include a memorandum of legal authority establishing that service of process was proper under applicable law. Signed by Magistrate Judge Leslie Hoffman Price on 6/13/2023. (MKH)
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| Filing 46 MOTION for Clerk's Default against Erick Kristianson by Jane Doe 3, Jane Doe 1, Jane Doe 2. (Bell, James) Motions referred to Magistrate Judge Leslie Hoffman Price. |
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Filing 45
ORDER granting #44 Motion for Extension of Time to Answer. U.S. All Star Federation, Inc. answer or response due 7/7/2023. Signed by Magistrate Judge Leslie Hoffman Price on 6/8/2023. (MKH)
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| Filing 44 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by U.S. All Star Federation, Inc. (Alhadeff, Seth) Motions referred to Magistrate Judge Leslie Hoffman Price. Modified on 6/8/2023 to edit docket text (KNC). |
| Filing 43 WAIVER of service returned executed on 05/10/2023 by Jane Doe 3, Jane Doe 1, Jane Doe 2 as to USA Federation for Sport Cheering. (Bell, James) |
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Filing 42
ORDER denying without prejudice for failure to comply with Local Rule 3.01(g) #36 Motion to Appear Pro Hac Vice; denying without prejudice for failure to comply with Local Rule 3.01(g) #37 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Leslie Hoffman Price on 6/5/2023. (MKH)
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| Filing 41 NOTICE of a related action per Local Rule 1.07(c) by Champion Elite Legacy, Ashley Hughes. Related case(s): Yes (Lanigan, Roddy) |
| Filing 40 CORPORATE Disclosure Statement by Champion Elite Legacy, Ashley Hughes. (Lanigan, Roddy) |
| Filing 39 ANSWER and affirmative defenses to #1 Complaint with Jury Demand by Ashley Hughes.(Lanigan, Roddy) |
| Filing 38 ANSWER and affirmative defenses to #1 Complaint with Jury Demand by Champion Elite Legacy.(Lanigan, Roddy) |
| Filing 37 Unopposed MOTION for Jessica L. Fickling to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20902876 for $150 by Jane Doe 1, Jane Doe 2, Jane Doe 3. (Bell, James) Motions referred to Magistrate Judge Leslie Hoffman Price. |
| Filing 36 Unopposed MOTION for Alexandra Benevento to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20902837 for $150 by Jane Doe 1, Jane Doe 2, Jane Doe 3. (Bell, James) Motions referred to Magistrate Judge Leslie Hoffman Price. |
| Reset deadlines: for Champion Elite Legacy, Ashley Hughes. Responses to Complaint due 6/5/2023. (KNC) |
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Filing 35
ORDER granting #31 Motion for Extension of Time. The deadline for Defendants Ashley Hughes and Champion Elite Legacy, L.L.C. to respond to the complaint is extended up to and including June 5, 2023. Signed by Magistrate Judge Leslie Hoffman Price on 5/26/2023. (MKH)
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| Filing 34 CORPORATE Disclosure Statement by Varsity Brands Holding Company, Inc. identifying Other Affiliate Hercules VB Holdings, Inc. for Varsity Brands Holding Company, Inc. (Lopez, Kimberly) Modified on 5/30/2023 to edit docket text (KNC). |
| Filing 33 CORPORATE Disclosure Statement by Varsity Brands, LLC identifying Other Affiliate Varsity Brands Holding Co., Inc. for Varsity Brands, LLC. (Lopez, Kimberly) Modified on 5/30/2023 to edit docket text (KNC). |
| Filing 32 STIPULATION Regarding Responsive Pleading Deadline re #17 Proof of service, #1 Complaint #18 Waiver of service executed by Varsity Brands Holding Company, Inc., Varsity Brands, LLC. (Lopez, Kimberly) Modified on 5/30/2023 to edit docket text (KNC). |
| Filing 31 MOTION for Extension of Time to File Response/Reply as to #1 Complaint by Champion Elite Legacy, Ashley Hughes. (Lanigan, Roddy) Motions referred to Magistrate Judge Leslie Hoffman Price. |
| Filing 30 NOTICE of (Lead Counsel) Appearance by Roddy Bisgaard Lanigan on behalf of Champion Elite Legacy, Ashley Hughes (Lanigan, Roddy) |
| Filing 29 NOTICE of Appearance by Kimberly A. Lopez on behalf of Varsity Brands Holding Company, Inc., Varsity Brands, LLC (Lopez, Kimberly) |
| Filing 28 NOTICE of Lead Counsel Designation by Enid Ginnette Childs on behalf of Varsity Brands Holding Company, Inc., Varsity Brands, LLC. Lead Counsel: E. Ginnette Childs. (Childs, Enid) |
| Filing 27 NOTICE of Lead Counsel Designation by Dale A. Evans, Jr on behalf of Jeff Webb. Lead Counsel: Paul E. Coggins. (Evans, Dale) |
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Filing 26
ORDER granting #24 Motion to Appear Pro Hac Vice; granting #25 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Leslie Hoffman Price on 5/18/2023. (MKH)
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| Filing 25 Unopposed MOTION for Brendan P. Gaffney to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20845707 for $150 by Jeff Webb. (Evans, Dale) Motions referred to Magistrate Judge Leslie Hoffman Price. |
| Filing 24 Unopposed MOTION for Paul E. Coggins to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20845666 for $150 by Jeff Webb. (Evans, Dale) Motions referred to Magistrate Judge Leslie Hoffman Price. |
| Filing 23 NOTICE of Appearance by Jennifer Monrose Moore on behalf of Varsity Spirit, LLC (Moore, Jennifer) |
| Filing 22 NOTICE TO COUNSEL Dale Evans and Brendan Gaffney of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (KNC) |
| Filing 21 NOTICE of Appearance by Dale A. Evans, Jr on behalf of Jeff Webb (Evans, Dale) |
| Filing 20 RETURN of service executed on 05/08/2023 by Jane Doe 3, Jane Doe 1, Jane Doe 2 as to Ashley Hughes. (Bell, James) |
| Filing 19 NOTICE TO COUNSEL Brendan Gaffney Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (KNC) |
| Filing 18 WAIVER of service returned executed on 5/5/2023 by Jane Doe 3, Jane Doe 1, Jane Doe 2 as to Varsity Brands Holding Company, Inc., Varsity Brands, LLC. (Bell, James) Modified on 5/12/2023 to edit docket text (KNC). |
| Filing 17 PROOF of service by Jane Doe 1, Jane Doe 2, Jane Doe 3 (Bell, James) |
| Filing 16 WAIVER of service returned executed on 05/11/2023 by Jane Doe 3, Jane Doe 1, Jane Doe 2 as to Jeff Webb. (Bell, James) |
| Filing 15 PROOF of service by Jane Doe 1, Jane Doe 2, Jane Doe 3 (Bell, James) |
| Filing 14 PROOF of service by Jane Doe 1, Jane Doe 2, Jane Doe 3 (Bell, James) |
| Filing 13 PROOF of service by Jane Doe 1, Jane Doe 2, Jane Doe 3 (Bell, James) |
| Filing 12 WAIVER of service returned executed on 05/05/2023 by Jane Doe 3, Jane Doe 1, Jane Doe 2 as to Varsity Spirit, LLC. (Bell, James) |
| Filing 11 NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (RMF) |
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Filing 10
NOTICE TO COUNSEL AND PARTIES: The Middle District of Florida's revised Local Rules become effective February 1, 2021 and can be found on the Court's public website https://www.flmd.uscourts.gov/local-rules. For a just and efficient resolution of this case, the parties are DIRECTED to read and comply with the Middle District of Florida's Local Rules. See Local Rule 1.01(a). Failure to comply with ANY Local Rules or Court Orders may result in the imposition of sanctions including, but not limited to, the dismissal of this action or entry of default without further notice. Signed by Judge Wendy W. Berger on 5/5/2023. (RMF)
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| Filing 9 WAIVER of service returned executed on 05/05/2023 by Jane Doe 3, Jane Doe 1, Jane Doe 2 as to Charlesbank Capital Partners, LP. (Bell, James) |
| Filing 8 NOTICE TO COUNSEL Kathryn Bonacorsi Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (KNC) |
| Filing 7 WAIVER of service returned executed on 05/04/2023 by Jane Doe 3, Jane Doe 1, Jane Doe 2 as to Bain Capital, LP. (Bell, James) |
| Filing 6 NOTICE of Lead Counsel Designation by James Robert Bell on behalf of Jane Doe 1, Jane Doe 2, Jane Doe 3. Lead Counsel: J. Robert Bell III. (Bell, James) |
| Filing 5 SUMMONS issued as to All Defendants. (KNC) |
| Filing 4 NOTICE TO COUNSEL for Plaintiff of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (KNC) |
| Filing 2 NOTICE TO COUNSEL Alexandra Benevento, Bakari T. Sellers, Jessica Fickling Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (AET) |
| Filing 3 NEW CASE ASSIGNED to Judge Wendy W. Berger and Magistrate Judge Leslie Hoffman Price. New case number: 6:23-cv-788-WWB-LHP. (AET) |
| Filing 1 COMPLAINT against All Defendants with Jury Demand (Filing fee $402 receipt number AFLMDC-20779123) filed by Jane Does 1, and 2 by and through their mother, Mary Doe, and Jane Doe 3, by and through her father, Joseph Doe. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1, #3 Exhibit 2, #4 Proposed Summons, #5 Proposed Summons, #6 Proposed Summons, #7 Proposed Summons, #8 Proposed Summons, #9 Proposed Summons, #10 Proposed Summons, #11 Proposed Summons, #12 Proposed Summons, #13 Proposed Summons, #14 Proposed Summons)(Bell, James) Modified on 5/1/2023 to edit docket text (KNC). |
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