Hubbard et al v. Jerry's Seamless Guterring, Inc. et al
Plaintiff: James Diaz, Cory Bigham, Grant Hubbard and Eric Kalisnikow
Defendant: South East Personnel Leasing, Inc. and Jerome Kreczmer
3Rd Party Plaintiff: Jerry's Seamless Guterring, Inc.
Case Number: 8:2020cv02130
Filed: September 16, 2020
Court: US District Court for the Middle District of Florida
Presiding Judge: Thomas P Barber
Referring Judge: Julie S Sneed
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. § 201
Jury Demanded By: Defendant
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Docket Report

This docket was last retrieved on September 22, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 22, 2020 Opinion or Order Filing 58 ENDORSED ORDER: Pursuant to Fed. R. Civ. P. 41(a) and Plaintiff's "Notice of Voluntary Dismissal" (Doc. #57), this action is dismissed without prejudice. The Clerk is directed to terminate any pending motions and deadlines, and thereafter close this case. Signed by Judge Thomas P. Barber on 9/22/2020. (EKB)
September 21, 2020 Filing 57 NOTICE of voluntary dismissal by Jerry's Seamless Guterring, Inc. (Black, Kelsey)
September 17, 2020 Filing 56 NOTICE of Appearance by David Nigel Miller on behalf of South East Personnel Leasing, Inc. (Miller, David)
September 16, 2020 Filing 55 TRANSFER IN from the Southern District of Florida. Case assigned to District Judge Thomas P. Barber and Magistrate Judge Julie S. Sneed. New Case Number: 8:20-cv-2130-T-60JSS. (AG)
September 16, 2020 Filing 54 Case transferred in from District of Florida Southern; Case Number 9:19-cv-81705. File received electronically
September 15, 2020 Civil Case Terminated per DE #53. Closing Case. (pes) [Transferred from flsd on 9/16/2020.]
September 15, 2020 Opinion or Order Filing 53 ORDER GRANTING IN PART #47 THIRD-PARTY DEFENDANT'S MOTION TO STRIKE THIRD-PARTY COMPLAINT OR ALTERNATIVELY TO SEVER AND TRANSFER VENUE. Signed by Judge Rodolfo A. Ruiz, II on 9/15/2020. See attached document for full details. (as03) [Transferred from flsd on 9/16/2020.]
September 15, 2020 Filing 52 MOTION UNOPPOSED MOTION O REPLACE EXHIBIT A OF MOTION TO STRIKE JERRY SEAMLESS GUTTERING, INC.S THIRD-PARTY COMPLAINT OR ALTERNATIVELY TO SEVER AND TRANSFER VENUE [DE 47] re #47 MOTION to Strike #42 Third Party Complaint or Alternatively to Sever and Transfer Venue by South East Personnel Leasing, Inc.. Attorney Lynn Elizabeth Mayna Gollin added to party South East Personnel Leasing, Inc.(pty:dft). (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Gollin, Lynn) [Transferred from flsd on 9/16/2020.]
September 14, 2020 Filing 51 PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Motion Hearing held on 9/14/2020 re #47 MOTION to Strike #42 Third Party Complaint or Alternatively to Sever and Transfer Venue filed by South East Personnel Leasing, Inc. Order to follow. Attorney Appearance(s): Blake Hoyt, Kelsey K Black, Lynn Elizabeth Mayna Gollin, David Miller, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@flsd.uscourts.gov. (gp)[Transferred from flsd on 9/16/2020.]
August 28, 2020 Filing 50 REPLY to Response to Motion re #47 MOTION to Strike #42 Third Party Complaint or Alternatively to Sever and Transfer Venue filed by South East Personnel Leasing, Inc.. (Gollin, Lynn) [Transferred from flsd on 9/16/2020.]
August 26, 2020 Opinion or Order Filing 49 PAPERLESS ORDER setting telephonic hearing for Monday, September 14, 2020 at 10:30 A.M. on #47 Third-Party Defendant South East Personnel Leasing, Inc.'s Motion to Strike Jerry Seamless Guttering, Inc.'s Third-Party Complaint or Alternatively to Sever and Transfer Venue. The parties are instructed to call 1-877-402-9753 by no later than 10:25 A.M. The access code is 9372453 and the password is 0918. The Court requires that the parties appear via a landline (i.e., not a cellular phone or a speaker phone) for clarity. Signed by Judge Rodolfo A. Ruiz, II on 8/26/2020. (as03) [Transferred from flsd on 9/16/2020.]
August 21, 2020 Filing 48 RESPONSE in Opposition re #47 MOTION to Strike #42 Third Party Complaint or Alternatively to Sever and Transfer Venue filed by Jerry's Seamless Guterring, Inc.. Replies due by 8/28/2020. (Black, Kelsey) [Transferred from flsd on 9/16/2020.]
August 10, 2020 Filing 47 MOTION to Strike #42 Third Party Complaint or Alternatively to Sever and Transfer Venue by South East Personnel Leasing, Inc. Responses due by 8/24/2020 (Attachments: #1 Exhibit A - Leasing Agreement) (Gollin, Lynn) [Transferred from flsd on 9/16/2020.]
August 3, 2020 Filing 46 NOTICE of Attorney Appearance by Jose Ignacio Leon on behalf of South East Personnel Leasing, Inc.. Attorney Jose Ignacio Leon added to party South East Personnel Leasing, Inc.(pty:3pd). (Leon, Jose) [Transferred from flsd on 9/16/2020.]
July 23, 2020 Filing 45 NOTICE of Attorney Appearance by Lynn Elizabeth Mayna Gollin on behalf of South East Personnel Leasing, Inc.. Attorney Lynn Elizabeth Mayna Gollin added to party South East Personnel Leasing, Inc.(pty:3pd). (Gollin, Lynn) [Transferred from flsd on 9/16/2020.]
July 22, 2020 Filing 44 CORRECTED Summons Issued as to South East Personnel Leasing, Inc.. (ail) [Transferred from flsd on 9/16/2020.]
July 21, 2020 Filing 43 Summons Issued as to South East Personnel Leasing, Inc. (pes) [Transferred from flsd on 9/16/2020.]
July 20, 2020 Filing 42 THIRD PARTY COMPLAINT against South East Personnel Leasing, Inc., filed by Jerry's Seamless Guterring, Inc.. (Attachments: #1 Summon(s) Summons-South East Personnel Leasing Inc)(Black, Kelsey) [Transferred from flsd on 9/16/2020.]
July 20, 2020 Opinion or Order Filing 41 PAPERLESS ORDER granting #40 Defendants' Unopposed Motion for Leave to File Third Party Complaint. Defendants shall file their third party complaint on or before July 24, 2020. Signed by Judge Rodolfo A. Ruiz, II on 7/20/2020. (as03) [Transferred from flsd on 9/16/2020.]
July 20, 2020 Filing 40 Unopposed MOTION for Leave to File Third Party Complaint by Jerry's Seamless Guterring, Inc., Jerome Kreczmer. (Attachments: #1 Exhibit 1-Third Party Complaint, #2 Text of Proposed Order)(Black, Kelsey) [Transferred from flsd on 9/16/2020.]
June 17, 2020 Filing 39 REPLY to Response to Motion re #37 MOTION to Certify Class filed by Cory Bigham, James Diaz, Grant Hubbard, Eric Kalisnikow. (Morgan, C.) [Transferred from flsd on 9/16/2020.]
June 10, 2020 Filing 38 RESPONSE in Opposition re #37 MOTION to Certify Class (opposition to notice and consent form only) filed by Jerry's Seamless Guterring, Inc., Jerome Kreczmer. Replies due by 6/17/2020. (Black, Kelsey) [Transferred from flsd on 9/16/2020.]
May 27, 2020 Filing 37 MOTION to Certify Class by Cory Bigham, James Diaz, Grant Hubbard, Eric Kalisnikow. Responses due by 6/10/2020 (Attachments: #1 Memorandum Brief on Support of Motion for Collective Action, #2 Exhibit 1-Notice, #3 Exhibit 2- Mail Consent to Join, #4 Exhibit 3- Electronic Notice, #5 Exhibit 4- Electronic Consent, #6 Exhibit 5- Postcard, #7 Exhibit 6 - Declaration Blake Hoyt, #8 Exhibit 7- Declaration Grant Hubbard, #9 Exhibit 8- Declaration Kalisnikow, #10 Exhibit 9 - Declaration Diaz)(Morgan, C.) [Transferred from flsd on 9/16/2020.]
May 19, 2020 Opinion or Order Filing 36 PAPERLESS ORDER extending mediation deadline. The parties shall submit a proposed order rescheduling a time, place, and date for mediation within 10 days of the Courts adjudication of Plaintiffs' forthcoming Motion for Class Certification. Signed by Judge Rodolfo A Ruiz on 5/19/2020. (mhn) [Transferred from flsd on 9/16/2020.]
April 24, 2020 Filing 35 RESPONSE TO ORDER TO SHOW CAUSE re #34 Order to Show Cause, by Grant Hubbard, Cory Bigham, James Diaz, Eric Kalisnikow. (Attachments: #1 Text of Proposed Order)(Morgan, C.) [Transferred from flsd on 9/16/2020.]
April 21, 2020 Opinion or Order Filing 34 ORDER TO SHOW CAUSE. On or before April 24, 2020, the parties shall file a proposed order scheduling a time, date, and place for mediation. See attached document for full details. Signed by Judge Rodolfo A Ruiz on 4/21/2020. (mhn) [Transferred from flsd on 9/16/2020.]
April 13, 2020 Filing 33 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Status Conference held on 4/13/2020. Total time in court: 13 minutes. (Digital BER_1-4-13-20) (kry) [Transferred from flsd on 9/16/2020.]
April 13, 2020 Opinion or Order Filing 32 **TIME CHANGE ONLY**. PAPERLESS ORDER rescheduling Telephonic Status Conference from 2:00 PM to 4:00 PM on 4/13/2020 Magistrate Judge Bruce E. Reinhart. Signed by Magistrate Judge Bruce E. Reinhart on 4/13/2020. (kry) [Transferred from flsd on 9/16/2020.]
April 13, 2020 Opinion or Order Filing 31 PAPERLESS ORDER rescheduling Telephonic Status Conference from 4/10/2020 at 10:00 AM to 4/13/2020 at 2:00 PM before Magistrate Judge Bruce E. Reinhart. Counsel, parties, or members of the public can attend by dialing: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Counsel should dial in from a landline if possible; cellphone attendees, after noting appearance, and members of the public must remain on mute. Signed by Magistrate Judge Bruce E. Reinhart on 4/13/2020. (kry) [Transferred from flsd on 9/16/2020.]
April 9, 2020 Opinion or Order Filing 30 PAPERLESS ORDER cancelling Settlement Conference and resetting for Telephonic Status Conference on 4/10/2020 at 10:00 a.m. before Magistrate Judge Bruce E. Reinhart. Counsel, parties, or members of the public can attend by dialing: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Counsel should dial in from a landline if possible; cellphone attendees, after noting appearance, and members of the public must remain on mute. Signed by Magistrate Judge Bruce E. Reinhart on 4/9/2020. (kry) [Transferred from flsd on 9/16/2020.]
March 31, 2020 Opinion or Order Filing 29 STANDING DISCOVERY ORDER FOR MAGISTRATE JUDGE BRUCE REINHART. Signed by Magistrate Judge Bruce E. Reinhart on 3/31/2020. See attached document for full details. (kpe) [Transferred from flsd on 9/16/2020.]
March 30, 2020 Opinion or Order Filing 28 ORDER SETTING TELEPHONIC SETTLEMENT CONFERENCE, ( Settlement Conference set for 4/10/2020 10:00 AM before Magistrate Judge Bruce E. Reinhart.) Signed by Magistrate Judge Bruce E. Reinhart on 3/30/2020. See attached document for full details. (kpe) [Transferred from flsd on 9/16/2020.]
March 27, 2020 Opinion or Order Filing 27 ORDER TO SHOW CAUSE. On or before April 6, 2020, the parties shall contact Magistrate Judge Reinhart's Chambers and schedule a settlement conference. See attached document for full details. Signed by Judge Rodolfo A Ruiz on 3/27/2020. (mhn) [Transferred from flsd on 9/16/2020.]
March 26, 2020 Opinion or Order Filing 26 SCHEDULING ORDER: ( Jury Trial set for 1/19/2021 in Fort Lauderdale Division before Judge Rodolfo A Ruiz., Calendar Call set for 1/12/2021 11:00 AM in Fort Lauderdale Division before Judge Rodolfo A Ruiz., Proposed Order Scheduling Mediation due by 4/16/2020., Amended Pleadings due by 5/5/2020., Joinder of Parties due by 5/5/2020., Class Certification Motion due by 8/10/2020., Discovery due by 9/21/2020., Expert Discovery due by 9/21/2020., Mediation Deadline 7/15/2020., Dispositive Motions due by 10/6/2020., In Limine Motions due by 11/3/2020., Joint Pretrial Stipulation due by 11/3/2020.), ORDER REFERRING CASE to Magistrate Judge Bruce E. Reinhart for all discovery related matters. Signed by Judge Rodolfo A Ruiz on 3/26/2020. See attached document for full details. (mhn) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. [Transferred from flsd on 9/16/2020.]
March 23, 2020 Filing 25 Joint SCHEDULING REPORT - Rule 16.1 by Cory Bigham, James Diaz, Grant Hubbard, Eric Kalisnikow (Attachments: #1 Text of Proposed Order Joint Proposed Scheduling Order)(Morgan, C.) [Transferred from flsd on 9/16/2020.]
March 23, 2020 Filing 24 Certificate of Other Affiliates by Cory Bigham, James Diaz, Grant Hubbard, Eric Kalisnikow (Morgan, C.) [Transferred from flsd on 9/16/2020.]
March 16, 2020 Filing 23 RESPONSE TO ORDER TO SHOW CAUSE re #22 Order to Show Cause, by Grant Hubbard, Cory Bigham, James Diaz, Eric Kalisnikow. (Morgan, C.) [Transferred from flsd on 9/16/2020.]
March 12, 2020 Opinion or Order Filing 22 ORDER TO SHOW CAUSE. On or before March 16, 2020, the parties shall contact Magistrate Judge Reinhart's Chambers and schedule a settlement conference or show good cause for their failure to comply with the #4 Order in Actions Brought Under the Fair Labor Standards. See attached document for full details. Signed by Judge Rodolfo A Ruiz on 3/12/2020. (mhn) [Transferred from flsd on 9/16/2020.]
March 12, 2020 Filing 21 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Jerry's Seamless Guterring, Inc., Jerome Kreczmer (Black, Kelsey) [Transferred from flsd on 9/16/2020.]
March 12, 2020 Filing 20 NOTICE of Striking #17 Certificate of Other Affiliates/Corporate Disclosure Statement filed by Jerry's Seamless Guterring, Inc. by Jerry's Seamless Guterring, Inc. (Black, Kelsey) [Transferred from flsd on 9/16/2020.]
March 12, 2020 Filing 19 Clerks Notice to Filer re #17 Corporate Disclosure Statement. Wrong Document Attached - ERROR - The Filer attached the wrong document. The Filer must file a Notice of Striking, then refile the Corporate Disclosure Statement and attach the correct document. (scn) [Transferred from flsd on 9/16/2020.]
March 11, 2020 Filing 18 RESPONSE to #6 Statement of Claim by Jerry's Seamless Guterring, Inc., Jerome Kreczmer. (Black, Kelsey) [Transferred from flsd on 9/16/2020.]
March 11, 2020 Filing 17 (STRICKEN PER DE#20) Corporate Disclosure Statement by Jerry's Seamless Guterring, Inc. (Black, Kelsey) Text Modified on 3/12/2020. (scn) [Transferred from flsd on 9/16/2020.]
February 27, 2020 Opinion or Order Filing 16 ORDER REQUIRING JOINT SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES on or before March 23, 2020. See attached document for full details. Signed by Judge Rodolfo A Ruiz on 2/27/2020. (mhn) [Transferred from flsd on 9/16/2020.]
February 26, 2020 Filing 15 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Jerry's Seamless Guterring, Inc., Jerome Kreczmer. Attorney Kelsey K Black added to party Jerry's Seamless Guterring, Inc.(pty:dft), Attorney Kelsey K Black added to party Jerome Kreczmer(pty:dft). (Black, Kelsey) [Transferred from flsd on 9/16/2020.]
February 18, 2020 Opinion or Order Filing 14 ORDER REQUIRING COMBINED RESPONSES. Defendants shall submit either a single combined response or separate answers by February 28, 2020. See attached document for full details. Signed by Judge Rodolfo A Ruiz on 2/18/2020. (mhn) [Transferred from flsd on 9/16/2020.]
February 18, 2020 Filing 13 SUMMONS (Affidavit) Returned Executed on #7 Amended Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Grant Hubbard. Jerome Kreczmer served on 2/7/2020, answer due 2/28/2020. (Morgan, C.) [Transferred from flsd on 9/16/2020.]
February 18, 2020 Filing 12 SUMMONS (Affidavit) Returned Executed on #7 Amended Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Grant Hubbard. Jerry's Seamless Guterring, Inc. served on 2/7/2020, answer due 2/28/2020. (Morgan, C.) [Transferred from flsd on 9/16/2020.]
February 13, 2020 Opinion or Order Filing 11 PAPERLESS ORDER granting #10 Plaintiffs' Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Attorney Blake Hoyt, Esq. is permitted to appear before this Court on behalf of Plaintiffs for all purposes relating to this action. The Clerk is directed to provide Notice of Electronic Filings to Blake Hoyt, Esq. at blake@sanfordlawfirm.com; josh@sanfordlawfirm.com; and tracy@sanfordlawfirm.com. Signed by Judge Rodolfo A Ruiz on 2/13/2020. (mhn) [Transferred from flsd on 9/16/2020.]
February 13, 2020 ***Clerk's Notice of Compliance with LR 4(b) of the Rules Governing the Admission, Practice, Peer Review, and Discipline of Attorneys re #10 Motion to Appear Pro Hac Vice, (cco) [Transferred from flsd on 9/16/2020.]
February 13, 2020 ***Attorney Blake Hoyt for Cory Bigham, Blake Hoyt for James Diaz, Blake Hoyt for Grant Hubbard, Blake Hoyt for Eric Kalisnikow added (cco) [Transferred from flsd on 9/16/2020.]
February 12, 2020 Filing 10 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Blake Hoyt. Filing Fee $ 75.00 Receipt # AFLSDC-12443064 by Cory Bigham, James Diaz, Grant Hubbard, Eric Kalisnikow. Responses due by 2/26/2020 (Attachments: #1 Certification, #2 Text of Proposed Order)(Morgan, C.) [Transferred from flsd on 9/16/2020.]
January 23, 2020 Opinion or Order Filing 9 ORDER TO PERFECT SERVICE. On or before March 19, 2020, Plaintiff shall perfectservice upon Defendants or show good cause why this action should not be dismissed for failure to perfect service of process. See attached document for full details. Signed by Judge Rodolfo A Ruiz on 1/23/2020. (mhn) [Transferred from flsd on 9/16/2020.]
January 10, 2020 Opinion or Order Filing 8 PAPERLESS ORDER striking #5 Plaintiff's First Amended Complaint as duplicative pursuant to #7 First Amended Complaint. Signed by Judge Rodolfo A Ruiz on 1/10/2020. (mhn) [Transferred from flsd on 9/16/2020.]
January 10, 2020 Filing 7 First AMENDED COMPLAINT against Jerry's Seamless Guterring, Inc., Jerome Kreczmer, filed by Grant Hubbard, Cory Bigham, James Diaz, Eric Kalisnikow.(Morgan, C.) [Transferred from flsd on 9/16/2020.]
January 9, 2020 Filing 6 Statement of: Claim by Corey Bigham, James Diaz, Grant Hubbard, Eric Kalisnikow re #4 Order of Requirements,, Order Referring Case to Magistrate Judge, (Morgan, C.) [Transferred from flsd on 9/16/2020.]
January 9, 2020 Filing 5 STRICKEN - First AMENDED COMPLAINT against Jerry's Seamless Guterring, Inc., Jerome Kreczmer, filed by Grant Hubbard, Corey Bigham, James Diaz, Eric Kalisnikow.(Morgan, C.) Modified per DE 8 Order on 1/13/2020 (pes). [Transferred from flsd on 9/16/2020.]
December 27, 2019 Opinion or Order Filing 4 ORDER IN ACTIONS BROUGHT UNDER THE FAIR LABOR STANDARDS ACT. On or before January 9, 2020, Plaintiff shall file a "Statement of Claim" in accordance with this Order. ORDER REFERRING CASE to Magistrate Judge Bruce E. Reinhart for settlement conference. See attached document for full details. Signed by Judge Rodolfo A Ruiz on 12/27/2019. (mhn) [Transferred from flsd on 9/16/2020.]
December 23, 2019 Filing 3 Summons Issued as to Jerry's Seamless Guterring, Inc., Jerome Kreczmer. (cds) [Transferred from flsd on 9/16/2020.]
December 20, 2019 Filing 2 Clerks Notice of Judge Assignment to Judge Rodolfo A Ruiz. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Bruce E. Reinhart is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (cds) [Transferred from flsd on 9/16/2020.]
December 20, 2019 Filing 1 COMPLAINT Collective Action against Jerry's Seamless Guterring, Inc., Jerome Kreczmer. Filing fees $ 400.00 receipt number 113C-12248833, filed by Grant Hubbard, Corey Bigham, James Diaz, Eric Kalisnikow. (Attachments: #1 Exhibit Notice of Filing Consents to Join, #2 Summon(s), #3 Summon(s), #4 Civil Cover Sheet)(Morgan, C.) [Transferred from flsd on 9/16/2020.]

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Search for this case: Hubbard et al v. Jerry's Seamless Guterring, Inc. et al
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Defendant: South East Personnel Leasing, Inc.
Represented By: Lynn Maynard Gollin
Represented By: David Nigel Miller
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Defendant: Jerome Kreczmer
Represented By: Kelsey K. Black
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Plaintiff: James Diaz
Represented By: Blake Hoyt
Represented By: Alison Hayes Morgan
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Plaintiff: Cory Bigham
Represented By: Blake Hoyt
Represented By: Alison Hayes Morgan
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Plaintiff: Grant Hubbard
Represented By: Blake Hoyt
Represented By: Alison Hayes Morgan
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Plaintiff: Eric Kalisnikow
Represented By: Blake Hoyt
Represented By: Alison Hayes Morgan
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3rd party plaintiff: Jerry's Seamless Guterring, Inc.
Represented By: Kelsey K. Black
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