Zimmer, Inc. et al v. Exactech Inc.
| Zimmer US, Inc., Orthosoft ULC doing business as Zimmer Cas, Zimmer, Inc. and Biomet Manufacturing, LLC |
| Exactech Inc. |
| 8:2021cv00995 |
| April 27, 2021 |
| US District Court for the Middle District of Florida |
| Mary S Scriven |
| Thomas G Wilson |
| Patent |
| 35 U.S.C. § 145 Patent Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 1, 2022. A more recent docket listing may be available from PACER.
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| Filing 72 REPLY to Response to Motion re #41 MOTION to Dismiss (Partial) the Amended Complaint and Supporting Memorandum of Law filed by Exactech Inc.. (Mack, James) |
| Filing 71 ORAL ORDER directing the parties to file a Case Management Report within 14 days.(CRB) |
| Filing 70 ORAL ORDER granting #49 Motion for Leave to File a Reply in Support of Motion to Dismiss. The reply is not to exceed 5 pages and should be filed within 5 days of today's hearing. (CRB) |
| Filing 69 ORAL ORDER reinstating #41 Motion to Dismiss and #49 Motion for Leave to File a Reply. (CRB) |
| Filing 68 ORAL ORDER granting #58 Motion to Reopen Case and Lift Stay. (CRB) |
| Filing 67 Minute Entry. Virtual Proceedings held before Judge Mary S. Scriven: MOTION HEARING held on 2/24/2022 re #58 Joint MOTION to Reopen Case and Lift Stay filed by Zimmer US, Inc., Zimmer, Inc., Orthosoft ULC. Court Reporter: Sharon A. Miller (CRB) |
| Case Stay Lifted and Re-open, pursuant to Court's 68 Order. (ABC) |
Filing 66
ORDER granting #62 Motion to Appear Pro Hac Vice; granting #63 Motion to Appear Pro Hac Vice; granting #64 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Thomas G. Wilson on 2/23/2022. (Wilson, Thomas)
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Filing 65
ENDORSED ORDER setting this matter for a brief hearing on the Parties' Joint Motion to Reopen Case and Lift Stay (Dkt. 58) on Thursday, February 24, 2022 at 11:00 a.m. before United States District Judge Mary S. Scriven via Zoom videoconference. The Court has set aside thirty minutes for this hearing. Zoom details will be provided by separate notice. The Court intends to address the appropriateness of lifting the stay of this matter in light of Defendant's stated intent to move to reinstate the stay pending the resolution of imminent IPR proceedings. Signed by Judge Mary S. Scriven on 2/22/2022. (APF)
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| Filing 64 Amended MOTION for Kendall C. Griffin to appear pro hac vice by Orthosoft ULC, Zimmer US, Inc., Zimmer, Inc. (Foster, Zachary) Motions referred to Magistrate Judge Thomas G. Wilson. Modified text on 2/23/2022 (ABC). |
| Filing 63 Amended MOTION for Johanna M. Wilbert to appear pro hac vice by Orthosoft ULC, Zimmer US, Inc., Zimmer, Inc. (Foster, Zachary) Motions referred to Magistrate Judge Thomas G. Wilson. Modified text on 2/23/2022 (ABC). |
| Filing 62 Amended MOTION for Michael T. Piery to appear pro hac vice by Orthosoft ULC, Zimmer US, Inc., Zimmer, Inc. (Foster, Zachary) Motions referred to Magistrate Judge Thomas G. Wilson. Modified text on 2/23/2022 (ABC). |
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Filing 61
ORDER denying without prejudice #57 Plaintiffs' Unopposed Motion for Johanna M. Wilbert to Appear Pro Hac Vice. Signed by Magistrate Judge Thomas G. Wilson on 2/15/2022. (DMS)
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Filing 60
ORDER denying without prejudice #56 Plaintiffs' Unopposed Motion for Michael T. Piery to Appear Pro Hac Vice. Signed by Magistrate Judge Thomas G. Wilson on 2/15/2022. (DMS)
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Filing 59
ORDER denying without prejudice #55 Plaintiffs' Unopposed Motion for Kendall C. Griffin to Appear Pro Hac Vice. Signed by Magistrate Judge Thomas G. Wilson on 2/15/2022. (DMS)
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| Filing 58 Joint MOTION to Reopen Case and Lift Stay by Orthosoft ULC, Zimmer US, Inc., Zimmer, Inc. (Foster, Zachary) Modified text on 2/11/2022 (ABC). |
| Filing 57 Unopposed MOTION for Johanna M. Wilbert to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19219286 for $150 by Orthosoft ULC, Zimmer US, Inc., Zimmer, Inc. (Foster, Zachary) Motions referred to Magistrate Judge Thomas G. Wilson. Modified text on 2/11/2022 (ABC). |
| Filing 56 Unopposed MOTION for Michael T. Piery to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19219281 for $150 by Orthosoft ULC, Zimmer US, Inc., Zimmer, Inc. (Foster, Zachary) Motions referred to Magistrate Judge Thomas G. Wilson. Modified text on 2/11/2022 (ABC). |
| Filing 55 Unopposed MOTION for Kendall C. Griffin to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19219270 for $150 by Orthosoft ULC, Zimmer US, Inc., Zimmer, Inc. (Foster, Zachary) Motions referred to Magistrate Judge Thomas G. Wilson. Modified text on 2/11/2022 (ABC). |
| Filing 54 NOTICE of Appearance by Zachary Foster on behalf of Orthosoft ULC, Zimmer US, Inc., Zimmer, Inc. (Foster, Zachary) |
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Filing 53
ENDORSED ORDER GRANTING #52 the Parties' Joint Motion to Extend the Stay. This case shall remain STAYED and ADMINISTRATIVELY CLOSED until February 28, 2022. The Parties shall file a motion to reopen this case to proceed with the litigation or obtain whatever other relief would be appropriate within seven (7) days of the expiration of the stay. If the Parties reach a settlement prior to the expiration of the stay, prompt notice shall be provided in accord with Local Rule 3.09. Signed by Judge Mary S. Scriven on 12/21/2021. (APF)
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| Filing 52 Joint MOTION to Stay re: 51 Order on Motion to Stay Joint Notice Regarding Status of Mediation and Joint Motion to Extend The Stay by Exactech Inc. (Waggoner, Dennis) Modified text on 12/21/2021 (ABC). |
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Filing 51
ENDORSED ORDER GRANTING #50 the Parties' Joint Motion to Stay Action for Sixty (60) Days Pending Efforts to Pursue Settlement Through Mediation. This matter is hereby STAYED for a period of sixty (60) days to allow the parties time to resolve this case without further intervention of the Court. The Clerk is directed to ADMINISTRATIVELY CLOSE this case for the duration of the stay. The Parties shall file a notice within seven (7) days of the expiration of the stay advising the Court of the status of the Parties' settlement efforts and whether a further extension of the stay is required. Thereafter, the Court will reopen the matter and reinstate the Parties' motions, if necessary. If the Parties reach a settlement prior to the expiration of the stay, prompt notice shall be provided in accord with Local Rule 3.09. Signed by Judge Mary S. Scriven on 10/14/2021. (APF)
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| Case Stayed. (TDC) |
| Filing 50 Joint MOTION to Stay All Proceedings Pending Voluntary Mediation by All Plaintiffs. (Birk, Edward) |
| Filing 49 Unopposed MOTION for Miscellaneous Relief, specifically Leave to File a Reply in Support of Motion to Dismiss by Exactech Inc. (Waggoner, Dennis) Modified on 10/13/2021 (TDC). |
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Filing 48
ORDER granting #47 Plaintiffs' Unopposed Motion for Naveen Modi to Appear Pro Hac Vice. Signed by Magistrate Judge Thomas G. Wilson on 10/6/2021. (DMS)
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| Filing 47 Unopposed MOTION for Naveen Modi to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18784003 for $150 by Orthosoft ULC, Zimmer US, Inc., Zimmer, Inc.. (Birk, Edward) Motions referred to Magistrate Judge Thomas G. Wilson. |
| Filing 46 RESPONSE in Opposition re #41 MOTION to Dismiss (Partial) the Amended Complaint and Supporting Memorandum of Law filed by Orthosoft ULC, Zimmer US, Inc., Zimmer, Inc. (Birk, Edward) Modified on 9/22/2021 (TDC). |
| Filing 45 RESPONSE in Opposition re #42 MOTION for Hearing for Case Management Conference filed by Exactech Inc.. (Thomases, Andrew) |
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Filing 44
ENDORSED ORDER GRANTING #43 Plaintiffs' Consent Motion to Extend Deadline and Page Limit for Responding to Defendant's Partial Motion to Dismiss and Request for Judicial Notice. Plaintiffs shall have up to and including September 21, 2021 to respond to Defendant's Partial Motion to Dismiss and Request for Judicial Notice. (Dkts. 40, 41) Plaintiffs' response to Defendant's Partial Motion to Dismiss shall not exceed twenty-eight (28) pages in length, exclusive of cover pages, table of contents, and table of authorities. Signed by Judge Mary S. Scriven on 8/31/2021. (APF)
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| Filing 43 Consent MOTION for Extension of Time to File Response/Reply as to #41 MOTION to Dismiss (Partial) the Amended Complaint and Supporting Memorandum of Law , #40 Notice to take judicial notice and consent request to exceed page limit by Orthosoft ULC, Zimmer US, Inc., Zimmer, Inc. (Birk, Edward) Modified on 8/31/2021 (TDC). |
| Filing 42 MOTION for Hearing for Case Management Conference by All Plaintiffs. (Birk, Edward) |
| Filing 41 MOTION to Dismiss (Partial) the Amended Complaint and Supporting Memorandum of Law by Exactech Inc. (Thomases, Andrew) Modified on 8/18/2021 (TDC). |
| Filing 40 NOTICE to the Courts to take judicial notice regarding Partial Motion to Dismiss the Amended Complaint by Exactech Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Thomases, Andrew) |
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Filing 39
ENDORSED ORDER GRANTING #38 Defendant Exactech, Inc.'s Unopposed Motion for Leave to Exceed the Page Limitation on its Motion to Dismiss. Defendant's Motion to Dismiss shall not exceed thirty-five (35) pages in length, exclusive of cover pages, table of contents, and table of authorities. Signed by Judge Mary S. Scriven on 8/16/2021. (APF)
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| Filing 38 Unopposed MOTION to File Excess Pages by Exactech Inc. (Thomases, Andrew) Modified on 8/13/2021 (TDC). |
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Filing 37
ENDORSED ORDER GRANTING #36 Defendant's Unopposed Motion for Extension of Time to Respond to Amended Complaint. Defendant shall have up to and including August 17, 2021 to file its answer or otherwise respond to the Amended Complaint. Signed by Judge Mary S. Scriven on 7/16/2021. (APF)
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| Filing 36 Unopposed MOTION for Extension of Time to File Response/Reply as to #34 Amended Complaint by Exactech Inc. (Waggoner, Dennis) Modified on 7/14/2021 (TDC). |
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Filing 35
ENDORSED ORDER DENYING AS MOOT #27 Defendant Exactech, Inc's Partial Motion to Dismiss. In light of Plaintiffs' having filed an Amended Complaint as a matter of course, Defendant's motion is denied as moot. Defendant shall be free to reassert any of the challenges raised therein to the extent that they remain viable against the Amended Complaint. Signed by Judge Mary S. Scriven on 7/13/2021. (APF)
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| Filing 34 AMENDED COMPLAINT against All Defendants with Jury Demand. filed by All Plaintiffs. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit)(Birk, Edward) |
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Filing 33
ENDORSED ORDER GRANTING #31 Plaintiffs' Consent Motion to Extend Deadline for Responding to Defendant's Partial Motion to Dismiss and Request for Judicial Notice. Plaintiffs shall have up to and including July 16, 2021 to respond to Defendant's Motions. (Dkts. 27, 28) Signed by Judge Mary S. Scriven on 7/1/2021. (APF)
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| Filing 32 NOTICE OF SELECTION of James M. Matulis as mediator by Biomet Manufacturing, LLC, Orthosoft ULC, Zimmer US, Inc., Zimmer, Inc.. (Birk, Edward) |
| Filing 31 Consent MOTION for Extension of Time to File Response/Reply as to #28 Notice to take judicial notice, #27 MOTION to Dismiss Complaint by All Plaintiffs. (Birk, Edward) |
| Filing 30 NOTICE of a related action per Local Rule 1.07(c) by Exactech Inc.. Related case(s): Yes (Waggoner, Dennis) |
| Filing 29 CASE MANAGEMENT REPORT. (Birk, Edward) |
| Filing 28 NOTICE to the Courts to take judicial notice regarding #27 MOTION to Dismiss Complaint by Exactech Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Waggoner, Dennis) Modified on 6/21/2021 (TDC). |
| Filing 27 MOTION to Dismiss Complaint by Exactech Inc. (Waggoner, Dennis) Modified on 6/21/2021 (TDC). |
| Filing 26 NOTICE of Appearance by David A Serati on behalf of Exactech Inc. (Serati, David) |
| Filing 25 NOTICE of Appearance by James F Mack on behalf of Exactech Inc. (Mack, James) |
| Filing 24 NOTICE of Appearance by Andrew N Thomases on behalf of Exactech Inc. (Thomases, Andrew) |
| Filing 23 CORPORATE Disclosure Statement by Exactech Inc. identifying Corporate Parent Osteon Intermediate Holdings II, Inc. for Exactech Inc. (Waggoner, Dennis) Modified on 6/16/2021 (TDC). |
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Filing 22
ORDER granting #15 defendant's Unopposed Motion for David A. Serati to Appear Pro Hac Vice; granting #16 defendant's Unopposed Motion for Andrew N. Thomases to Appear Pro Hac Vice; granting #17 defendant's Unopposed Motion for James F. Mack to Appear Pro Hac Vice. Signed by Magistrate Judge Thomas G. Wilson on 5/19/2021. (DMS)
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Filing 21
ORDER denying without prejudice #18 plaintiffs' Motion for Chetan R. Bansal to Appear Pro Hac Vice; granting #19 plaintiffs' Motion for Young J. Park to Appear Pro Hac Vice; denying without prejudice #20 plaintiffs' Motion for Naveen Modi to Appear Pro Hac Vice. Signed by Magistrate Judge Thomas G. Wilson on 5/19/2021. (DMS)
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| Filing 20 Unopposed MOTION for Naveen Modi to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18263616 for $150 by All Plaintiffs. (Birk, Edward) Motions referred to Magistrate Judge Thomas G. Wilson. |
| Filing 19 Unopposed MOTION for Young J. Park to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18263599 for $150 by All Plaintiffs. (Birk, Edward) Motions referred to Magistrate Judge Thomas G. Wilson. |
| Filing 18 Unopposed MOTION for Chetan R. Bansal to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18263501 for $150 by All Plaintiffs. (Birk, Edward) Motions referred to Magistrate Judge Thomas G. Wilson. |
| Filing 17 Unopposed MOTION for James F. Mack to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18259867 for $150 by Exactech Inc. (Waggoner, Dennis) Motions referred to Magistrate Judge Thomas G. Wilson. Modified on 5/18/2021 (TDC). |
| Filing 16 Unopposed MOTION for Andrew N. Thomases to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18259831 for $150 by Exactech Inc. (Waggoner, Dennis) Motions referred to Magistrate Judge Thomas G. Wilson. Modified on 5/18/2021 (TDC). |
| Filing 15 Unopposed MOTION for David A. Serati to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18259807 for $150 by Exactech Inc. (Waggoner, Dennis) Motions referred to Magistrate Judge Thomas G. Wilson. Modified on 5/18/2021 (TDC). |
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Filing 14
ENDORSED ORDER GRANTING #13 Defendant's Unopposed Motion for Extension of Time to Respond to Complaint. Defendant shall have up to and including June 18, 2021 to file its answer or otherwise respond to the Complaint. Signed by Judge Mary S. Scriven on 5/12/2021. (APF)
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| Filing 13 Unopposed MOTION for Extension of Time to File Response/Reply as to #1 Complaint by Exactech Inc. (Waggoner, Dennis) Modified on 5/11/2021 (TDC). |
| Filing 12 CERTIFICATE of interested persons and corporate disclosure statement by Biomet Manufacturing, LLC, Orthosoft ULC, Zimmer US, Inc., Zimmer, Inc. (Birk, Edward) Modified on 5/7/2021 (TDC). |
| Filing 11 NOTICE to counsel 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). (CRB) |
| Filing 10 RETURN of service executed on April 28,2021 by Biomet Manufacturing, LLC as to Exactech Inc. (Birk, Edward) Modified on 5/6/2021 (TDC). |
| Filing 9 NOTICE of Filing of Return of Service by Biomet Manufacturing, LLC.(Attachments: #1 Exhibit Return of Service)(Birk, Edward) ***COUNSEL NOTIFIED TO SEPARATELY REFILE EXHIBIT AS SUMMONS RETURNED EXECUTED*** Modified on 5/5/2021 (TDC). Modified on 5/5/2021 (TDC). |
| Filing 8 Patent Report sent to Alexandria, VA. (Attachments: #1 Complaint, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K) (TDC) |
| Filing 7 SUMMONS issued as to Exactech Inc. (TDC) |
| Filing 6 NOTICE to counsel Young J. Park 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). (TDC) |
| Filing 5 NOTICE to counsel Chetan R. Bansal 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). (TDC) |
| Filing 4 NOTICE to counsel Naveen Modi 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). (TDC) |
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Filing 3
STANDING ORDER regarding discovery motions. Signed by Magistrate Judge Thomas G. Wilson on 2/1/2021. (DMS)
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| Filing 2 NEW CASE ASSIGNED to Judge Mary S. Scriven and Magistrate Judge Thomas G. Wilson. New case number: 8:21-cv-0995-MSS-TGW. (SJB) |
| Filing 1 COMPLAINT for Patent Infringement against All Defendants with Jury Demand (Filing fee $ 402 receipt number AFLMDC-18183197) filed by Zimmer, Inc., Orthosoft ULC, Biomet Manufacturing, LLC, Zimmer US, Inc. (Attachments: #1 Civil Cover Sheet, #2 Exhibit to Complaint, #3 Exhibit to Complaint, #4 Exhibit to Complaint, #5 Exhibit to Complaint, #6 Exhibit to Complaint, #7 Exhibit Exhibit to Complaint, #8 Exhibit to Complaint, #9 Exhibit to Complaint, #10 Exhibit to Complaint, #11 Exhibit to Complaint, #12 Exhibit to Complaint, #13Proposed Summons)(Birk, Edward) Modified on 4/27/2021 (TDC). |
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