Rumfish Y Vino Corporation et al v. Fortune Hotels, Inc. et al
| RUMFISH Y VINO CORPORATION and JPL PARTNERS #1 LP |
| RIA-SANDPIPER, INC., DOES 1-10, TRADEWINDS ISLAND RESORT, Fortune Hotels, Inc., Resort Inns of America, Inc. and Resort Inns of America, Inc. a Florida Corporation doing business as Tradewinds Island Resorts |
| Matulis Law & Mediation |
| 8:2019cv00595 |
| March 8, 2019 |
| US District Court for the Middle District of Florida |
| Charlene Edwards Honeywell |
| Anthony E Porcelli |
| Trademark |
| 15 U.S.C. § 1051 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 14, 2020. A more recent docket listing may be available from PACER.
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Filing 73
ORDER dismissing case, with prejudice. Each party shall bear its own costs and attorneys' fees. The Clerk is directed to CLOSE this case. Signed by Judge Charlene Edwards Honeywell on 5/14/2020. (BGS)
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| Filing 72 STIPULATION of Dismissal by Fortune Hotels, Inc., Resort Inns of America, Inc., Ria-Sandpiper, Inc. (Martin, Joshua) Modified on 5/14/2020 (DG). |
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Filing 71
ENDORSED ORDER granting #70 Motion to Continue. The deadline to file a stipulated dismissal is extended to and including May 13, 2020. Absent exigent circumstances, it is unlikely that any further extensions will be granted. Signed by Judge Charlene Edwards Honeywell on 4/13/2020. (CEH)
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| Filing 70 MOTION to Continue Dismissal With Prejudice for Another 30 Days by Rumfish Y Vino Corporation. (Boehner, Jacob) Motions referred to Magistrate Judge Anthony E. Porcelli. |
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Filing 69
ENDORSED ORDER granting #68 Motion to Continue. The deadline for the parties to file a stipulated dismissal is extended to and including April 13, 2020. Signed by Judge Charlene Edwards Honeywell on 3/12/2020. (CEH)
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| Filing 68 MOTION to Continue Dismissal for an Additional 30 Days by Rumfish Y Vino Corporation. (Boehner, Jacob) Modified on 3/12/2020 (DG). |
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Filing 67
60 DAY ORDER dismissing case. After that 60-day period, however, dismissal shall be with prejudice. Any pending motions are denied as moot and the Clerk is directed to terminate all deadlines and administratively close the file. Signed by Judge Charlene Edwards Honeywell on 1/13/2020. (BGS)
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| Filing 66 NOTICE of settlement In Principle by JPL Partners #1 LP, Rumfish Y Vino Corporation (Boehner, Jacob) |
| Filing 65 MEDIATION report Hearing held on August 6, 2019. Hearing outcome: This case has reached an impasse. (Matulis, James) Modified on 8/7/2019 (DG). |
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Filing 64
ORDER: 1. Plaintiffs' Objections #55 are OVERRULED. 2. The Report and Recommendation of the Magistrate Judge #51 is ADOPTED, CONFIRMED, AND APPROVED in all respects and is made a part of this Order for all purposes, including appellate review. 3. Plaintiffs' Amended Motion for Preliminary Injunction #17 is DENIED. Signed by Judge Charlene Edwards Honeywell on 7/31/2019. (SG)
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| Filing 63 NOTICE of Mediator's Appearance by James Michael Matulis on behalf of Matulis Law & Mediation (Matulis, James) |
| Filing 62 NOTICE of mediation conference/hearing to be held on August 6, 2019, 10AM before James Matulis. (DiNardo, Michael) |
| Filing 61 RESPONSE to objections to #51 Report and Recommendations filed by Fortune Hotels, Inc., Resort Inns of America, Inc., Ria-Sandpiper, Inc. (Martin, Joshua) Modified on 5/24/2019 (DG). |
| Filing 60 REPLY to #52 Counterclaim by JPL Partners #1 LP, Rumfish Y Vino Corporation. Related document: #52 Answer to ComplaintCounterclaim filed by Ria-Sandpiper, Inc., Resort Inns of America, Inc., Fortune Hotels, Inc.(DiNardo, Michael) Modified on 5/24/2019 (DG). |
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Filing 59
CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 1/10/2020, Dispositive motions due by 2/7/2020, Pretrial statement due by 5/19/2020, All other motions due by 5/26/2020, Final Pretrial Conference set for 6/16/2020 at 2:00 PM in Tampa Courtroom 13A before Judge Charlene Edwards Honeywell, Jury Trial set for term commencing 7/6/2020 in Tampa Courtroom 13A before Judge Charlene Edwards Honeywell. Conduct mediation hearing by 8/31/2019. Lead counsel to coordinate dates. Signed by Judge Charlene Edwards Honeywell on 5/23/2019. (BGS)
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Filing 58
ENDORSED ORDER granting #57 Motion for Extension of Time to File Response/Reply. Defendants' responses due on or before 5/24/2019. Signed by Magistrate Judge Anthony E. Porcelli on 5/20/2019. (JMF)
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| Filing 57 Consent MOTION for Extension of Time to File Response/Reply as to #55 Objection by Fortune Hotels, Inc., Resort Inns of America, Inc., Ria-Sandpiper, Inc.. (Martin, Joshua) Motions referred to Magistrate Judge Anthony E. Porcelli. |
| Filing 56 CASE MANAGEMENT REPORT. (DiNardo, Michael) |
| Filing 55 OBJECTION re #51 REPORT AND RECOMMENDATIONS re #17 Amended MOTION for preliminary injunction filed by JPL Partners #1 LP, Rumfish Y Vino Corporation. . (DiNardo, Michael) |
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Filing 54
ENDORSED ORDER granting #53 Motion. The parties may telephonically conduct their case management conference. Signed by Magistrate Judge Anthony E. Porcelli on 5/7/2019. (JMF)
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| Filing 53 Joint MOTION for miscellaneous relief, specifically to Allow Counsel for Plaintiffs and Defendants to Conduct Case Management Conference Telephonically by Fortune Hotels, Inc., Resort Inns of America, Inc., Ria-Sandpiper, Inc.. (Martin, Joshua) |
| Filing 52 Defendants' ANSWER and affirmative defenses to #1 Complaint , COUNTERCLAIM to Plaintiffs' Complaint against JPL Partners #1 LP, Rumfish Y Vino Corporation by Ria-Sandpiper, Inc., Fortune Hotels, Inc., Resort Inns of America, Inc.. (Attachments: #1 Exhibit A, Consent and Settlement Agreement)(Martin, Joshua) |
| Filing 51 REPORT AND RECOMMENDATIONS re #17 Amended MOTION for preliminary injunction filed by JPL Partners #1 LP, Rumfish Y Vino Corporation. Signed by Magistrate Judge Anthony E. Porcelli on 4/24/2019. (VIV) |
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Filing 50
ENDORSED ORDER granting #49 Motion for Extension of Time to Answer or respond. Defendants shall file an answer or otherwise respond to Plaintiffs' Complaint no later than May 2, 2019. Signed by Magistrate Judge Anthony E. Porcelli on 4/24/2019. (Porcelli, Anthony)
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| Filing 49 Consent MOTION for Extension of Time to File Answer re #1 Complaint or Otherwise Respond by Fortune Hotels, Inc., Resort Inns of America, Inc., Ria-Sandpiper, Inc.. (Martin, Joshua) Motions referred to Magistrate Judge Anthony E. Porcelli. |
| Filing 47 Minute Entry. Proceedings held before Magistrate Judge Anthony E. Porcelli: MOTION HEARING held on 4/18/2019 re #17 Amended MOTION for preliminary injunction filed by JPL Partners #1 LP, Rumfish Y Vino Corporation. (digital) Court Reporter: Bill Jones (LV) |
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Filing 46
ENDORSED ORDER denying #44 Motion for Leave to File Reply. Signed by Magistrate Judge Anthony E. Porcelli on 4/15/2019. (JMF)
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| Filing 45 MEMORANDUM in opposition re #44 Motion for Leave to file document filed by Fortune Hotels, Inc., Resort Inns of America, Inc., Ria-Sandpiper, Inc. (Martin, Joshua) |
| Filing 44 MOTION for leave to file Reply by All Plaintiffs. (Silverstein, Murray) |
| Filing 43 NOTICE of compliance re 22 Order on motion to appear pro hac vice by JPL Partners #1 LP, Rumfish Y Vino Corporation (DiNardo, Michael) |
| Filing 42 NOTICE OF RESCHEDULING HEARING: The Motion Hearing previously scheduled for 4/11/2019 is rescheduled. New scheduling date and time: Motion Hearing set for 4/18/2019 at 02:30 PM in Tampa Courtroom 10 A before Magistrate Judge Anthony E. Porcelli. (JMF) |
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Filing 41
ENDORSED ORDER granting #40 Motion to Continue. The hearing will be rescheduled by separate notice. Signed by Magistrate Judge Anthony E. Porcelli on 4/9/2019. (JMF)
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| Filing 40 Unopposed MOTION to Continue April 11, 2019, Hearing by JPL Partners #1 LP, Rumfish Y Vino Corporation. (Silverstein, Murray) |
| Filing 39 MEMORANDUM in opposition re #17 Motion for preliminary injunction filed by Fortune Hotels, Inc., Resort Inns of America, Inc., Ria-Sandpiper, Inc.. (Attachments: #1 Exhibit 1, Declaration of Keith Overton, #2 Exhibit A, Email Chain dated February 26, 2013, #3 Exhibit B, ICANN WHOIS Page for rumfishgrill.com, #4 Exhibit C, RumFish Grill Advertising Samples, #5 Exhibit D, RumFish Grill Facebook Page, #6 Exhibit E, Tampa Bay Newswire Article dated April 3, 2014, #7 Exhibit F, Tampa Bay Business Journal Article dated May 16, 2014, #8 Exhibit 2, Declaration of James David Johnson, #9 Exhibit G, Rumfish Y Vino USPTO Specimen, #10 Exhibit H, Johnson's Letter dated May 1, 2014, #11 Exhibit I, Redline Comparison of Consent Agreement Between Version 2 and Version 3, #12 Exhibit J, Redline Comparison of Consent Agreement Between Version 3 and Version 4, #13 Exhibit K, Sausser Email Correspondence dated May 21, 2014, #14 Exhibit L, California Corporate Screen for JPL Partners #1, L.P., #15 Exhibit M, ICANN WHOIS Page for rumfishyvinoventura.com, #16 Exhibit 3, Executed Consent Agreement)(Martin, Joshua) |
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Filing 38
ENDORSED ORDER granting #37 Motion for Leave to File Excess Pages. Signed by Magistrate Judge Anthony E. Porcelli on 4/4/2019. (JMF)
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| Filing 37 MOTION for Leave to File Excess Pages for Defendants' Memorandum of Law in Opposition to Plaintiffs' Amended Motion for Preliminary Injunction by Fortune Hotels, Inc., Resort Inns of America, Inc., Ria-Sandpiper, Inc.. (Martin, Joshua) |
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Filing 36
ENDORSED ORDER granting #35 Motion for Extension of Time to Answer or respond. Fortune Hotels, Inc. answer or response due 4/25/2019; Resort Inns of America, Inc. answer or response due 4/25/2019; Ria-Sandpiper, Inc. answer or response due 4/25/2019. Signed by Magistrate Judge Anthony E. Porcelli on 4/2/2019. (JMF)
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| Filing 35 Consent MOTION for Extension of Time to File Answer re #1 Complaint or Otherwise Respond by Fortune Hotels, Inc., Resort Inns of America, Inc., Ria-Sandpiper, Inc.. (Martin, Joshua) Motions referred to Magistrate Judge Anthony E. Porcelli. |
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Filing 34
ENDORSED ORDER granting #33 Motion for Extension of Time to File Response/Reply re #17 Amended MOTION for preliminary injunction. Responses due on or before 4/4/2019. Signed by Magistrate Judge Anthony E. Porcelli on 4/1/2019. (JMF)
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| Filing 33 Consent MOTION for Extension of Time to File Response/Reply as to #17 Amended MOTION for preliminary injunction by Fortune Hotels, Inc., Resort Inns of America, Inc., Ria-Sandpiper, Inc.. (Martin, Joshua) Motions referred to Magistrate Judge Anthony E. Porcelli. |
| Filing 32 RETURN of service executed on 3/14/19 by Rumfish Y Vino Corporation, JPL Partners #1 LP as to Ria-Sandpiper, Inc.. (Silverstein, Murray) |
| Filing 31 RETURN of service executed on 3/14/19 by Rumfish Y Vino Corporation, JPL Partners #1 LP as to Resort Inns of America, Inc.. (Silverstein, Murray) |
| Filing 30 RETURN of service executed on 3/14/19 by Rumfish Y Vino Corporation, JPL Partners #1 LP as to Fortune Hotels, Inc.. (Silverstein, Murray) |
| Filing 29 PROOF of service by JPL Partners #1 LP, Rumfish Y Vino Corporation (Silverstein, Murray) Counsel notified by telephone on 3/28/19 that item is to be refiled using correct docketing code. Item terminated due to the filing of #32. Modified on 3/28/2019 (DG). Modified on 3/28/2019 (DG). |
| Filing 28 PROOF of service by JPL Partners #1 LP, Rumfish Y Vino Corporation (Silverstein, Murray) Counsel notified by telephone on 3/28/19 that item is to be refiled using correct docketing code. Item terminated due to the filing of #31. Modified on 3/28/2019 (DG). Modified on 3/28/2019 (DG). |
| Filing 27 PROOF of service by JPL Partners #1 LP, Rumfish Y Vino Corporation (Silverstein, Murray) Counsel notified by telephone on 3/28/19 that item is to be refiled using correct docketing code. Item terminated due to the filing of #30. Modified on 3/28/2019 (DG). Modified on 3/28/2019 (DG). |
| ***PRO HAC VICE FEES paid by attorney Michael A. Dinardo (Filing fee $150 receipt number TPA055862.) Related document: #21 Unopposed MOTION for Michael A. DiNardo to appear pro hac vice. (ARC) |
| Filing 26 NOTICE of pendency of related cases re #6 Related case order and track 2 notice per Local Rule 1.04(d) by JPL Partners #1 LP, Rumfish Y Vino Corporation. Related case(s): no (Silverstein, Murray) |
| Filing 25 CERTIFICATE of interested persons and corporate disclosure statement re #7 Interested persons order by JPL Partners #1 LP, Rumfish Y Vino Corporation. (Silverstein, Murray) |
| Filing 24 NOTICE of pendency of related cases re #6 Related case order and track 2 notice per Local Rule 1.04(d) by Fortune Hotels, Inc., Resort Inns of America, Inc., Ria-Sandpiper, Inc.. Related case(s): No (Martin, Joshua) |
| Filing 23 CERTIFICATE of interested persons and corporate disclosure statement re #7 Interested persons order by Fortune Hotels, Inc., Resort Inns of America, Inc., Ria-Sandpiper, Inc.. (Martin, Joshua) |
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Filing 22
ENDORSED ORDER granting #21 motion to appear pro hac vice. Attorney Michael A. DiNardo may appear pro hac vice on behalf of Plaintiffs, with Attorney Murray B. Silverstein designated as local counsel pursuant to Local Rule 2.02(a). Within twenty-one (21) days of the date of this Order, counsel shall comply with the fee and electronic filing requirements and file a notice of compliance with said requirements. Signed by Magistrate Judge Anthony E. Porcelli on 3/21/2019.(JMF)
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| Filing 21 Unopposed MOTION for Michael A. DiNardo to appear pro hac vice by JPL Partners #1 LP, Rumfish Y Vino Corporation. (Silverstein, Murray) Motions referred to Magistrate Judge Anthony E. Porcelli. |
| Filing 20 NOTICE of hearing on motion re #17 Amended MOTION for preliminary injunction. Motion Hearing set for 4/11/2019 at 10:00 AM in Tampa Courtroom 10 A before Magistrate Judge Anthony E. Porcelli. (JMF) |
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Filing 19
ENDORSED ORDER denying as moot #3 Motion for Preliminary Injunction. An #17 amended motion has been filed. Signed by Magistrate Judge Anthony E. Porcelli on 3/20/2019. (JMF)
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Filing 18
ORDER Referring Motion for Report and Recommendation: #17 Amended MOTION for preliminary injunction filed by JPL Partners #1 LP, Rumfish Y Vino Corporation. Signed by Judge Charlene Edwards Honeywell on 3/20/2019. (BGS) Motions referred to Magistrate Judge Anthony E. Porcelli.
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| Filing 17 Amended MOTION for preliminary injunction by All Plaintiffs. (Attachments: #1 Supplemental Declaration of Michael A. DiNardo)(Silverstein, Murray) |
| Filing 16 Trademark Report sent to Alexandria, VA. (Attachments: #1 Exhibit - Complaint, #2 Exhibit - Exhibit A, #3 Exhibit - Exhibit B, #4 Exhibit - Exhibit C) (DG) |
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Filing 15
ORDER Setting Hearing on Motion #3 MOTION for preliminary injunction: Motion Hearing set for 4/11/2019 at 10:00 AM in Tampa Courtroom 10 A before Magistrate Judge Anthony E. Porcelli. Signed by Magistrate Judge Anthony E. Porcelli on 3/15/2019. (JMF)
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Filing 14
ORDER Referring Motion for Report and Recommendation: #3 MOTION for preliminary injunction filed by JPL Partners #1 LP, Rumfish Y Vino Corporation Signed by Judge Charlene Edwards Honeywell on 3/13/2019. (BGS) Motions referred to Magistrate Judge Anthony E. Porcelli.
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Filing 13
ENDORSED ORDER denying as moot #11 Defendants' Motion to Strike Plaintiffs' Ex-Parte Motion for Temporary Restraining Order or, in the Alternative, to Allow Defendants to File a Response to Plaintiffs' Motion and Incorporated Memorandum of Law. The motion for temporary restraining order has been denied. Signed by Judge Charlene Edwards Honeywell on 3/13/2019. (BGS)
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Filing 12
ORDER denying #2 Plaintiffs' Motion for a Temporary Restraining Order. Signed by Judge Charlene Edwards Honeywell on 3/13/2019. (BGS)
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| Filing 11 MOTION to Strike #2 MOTION for temporary restraining order or, in the Alternative, to Allow Defendants to File a Response to Plaintiffs' Motion and Incorporated Memorandum of Law by Fortune Hotels, Inc., Resort Inns of America, Inc., Ria-Sandpiper, Inc.. (Martin, Joshua) Motions referred to Magistrate Judge Anthony E. Porcelli. |
| Filing 10 NOTICE of Appearance by Joshua D. Martin on behalf of Fortune Hotels, Inc., Resort Inns of America, Inc., Ria-Sandpiper, Inc. (Martin, Joshua) |
| Filing 9 NOTICE to counsel of Local Rule 1.05(e): The Clerk is authorized and directed to require a complete and executed AO Form JS44, Civil Cover Sheet, which shall accompany each civil case as a condition to the filing thereof. State and federal prisoners, and other persons filing civil cases pro se are exempt from the requirements of this subsection (signed by deputy clerk). (CTR) |
| Filing 8 SUMMONS issued as to Does 1-10, Fortune Hotels, Inc., Resort Inns of America, Inc., Ria-Sandpiper, Inc. (CTR) |
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Filing 7
INTERESTED PERSONS ORDER. Certificate of interested persons and corporate disclosure statement due by 3/25/2019. Signed by Judge Charlene Edwards Honeywell on 3/11/2019. (BGS)
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Filing 6
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 3/25/2019. Signed by Judge Charlene Edwards Honeywell on 3/11/2019. (BGS)
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| Filing 5 NEW CASE ASSIGNED to Judge Charlene Edwards Honeywell and Magistrate Judge Anthony E. Porcelli. New case number: 8:19-cv-595-T-36AEP. (SJB) |
| Filing 4 PROPOSED summons to be issued by JPL PARTNERS #1 LP, RUMFISH Y VINO CORPORATION. (Attachments: #1 Proposed Summons, #2 Proposed Summons, #3 Proposed Summons)(Silverstein, Murray) |
| Filing 3 MOTION for preliminary injunction by All Plaintiffs. (Silverstein, Murray) |
| Filing 2 MOTION for temporary restraining order by All Plaintiffs. (Attachments: #1 Memorandum In Support of Motion for TRO and Preliminary Injunction, #2 Declaration of Pamela Solomon, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit N, #12 Exhibit O, #13 Exhibit P, #14 Exhibit Q, #15 Exhibit R, #16 Exhibit S, #17 Exhibit T, #18 Exhibit U, #19 Exhibit V, #20 Declaration of Michael DiNardo, #21 Exhibit I, #22 Exhibit J, #23 Exhibit K, #24 Exhibit L, #25 Exhibit M)(Silverstein, Murray) . |
| Filing 1 COMPLAINT against All Defendants with Jury Demand (Filing fee $ 400 receipt number 113A-15218818) filed by All Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Silverstein, Murray) |
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