Pauley et al v. M&T Bank et al
| Jean Pauley and Rick Krom |
| M&T Bank and Blue Compass RV, LLC |
| 8:2025cv02429 |
| September 10, 2025 |
| U.S. District Court for the Middle District of Florida |
| Thomas P Barber |
| Anthony E Porcelli |
| Truth in Lending |
| 15 U.S.C. § 1601 Truth in Lending |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 30, 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). (MCB) |
Filing 67
ORDER: Defendants' motions to dismiss (Docs. #62; #64) are granted in part and denied in part, as set forth herein. Counts I and V of the third amended complaint are dismissed with prejudice, without leave to amend. Counts II, III, IV, and VII of the third amended complaint are dismissed without prejudice because the Court declines to exercise supplemental jurisdiction over these claims. The Clerk is directed to terminate any pending motions and deadlines, and thereafter close this case. See Order for details. Signed by Judge Thomas P. Barber on 1/29/2026. (ANL)
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| Filing 66 RESPONSE in Opposition re #64 MOTION to Dismiss Plaintiffs' Third Amended Verified Civil Complaint filed by Rick Krom, Jean Pauley. (Attachments: #1 Cover Letter, #2 Appendix A, #3 Appendix B, #4 Appendix R)(TDC) |
| Filing 65 RESPONSE in Opposition re #62 MOTION to Dismiss for Failure to State a Claim and Subject Thereto, Motion for Full Summary Judgment filed by Rick Krom, Jean Pauley. (Attachments: #1 Exhibit, #2 Cover Letter, #3 Text of Proposed Order)(AM) |
| Filing 64 MOTION to Dismiss Plaintiffs' Third Amended Verified Civil Complaint by M&T Bank. (Simms-Petredis, Jacqueline) |
| Filing 63 Minute Entry. Virtual Proceedings held before Magistrate Judge Anthony E. Porcelli: CASE MANAGEMENT CONFERENCE held on 12/3/2025. (DIGITAL) (LV) |
| Filing 62 MOTION to Dismiss for Failure to State a Claim and Subject Thereto, Motion for Full Summary Judgment by Blue Compass RV, LLC. (Attachments: #1 Exhibit A - Declaration)(Bueche, Ryan) |
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Filing 61
ENDORSED ORDER: The Clerk is directed to strike "Plaintiffs' Notice of Filing Documents" (Doc. #55) as an unauthorized and improper filing. Plaintiffs do not need to provide notices of filing documents, this type of filing is simply cluttering up the docket. Signed by Judge Thomas P. Barber on 11/20/2025. (ANL)
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Filing 60
ENDORSD ORDER: "Plaintiffs' Motion for Leave to File an Amended Opposition to Defendants' Rule 12(b)(6) Motion to Dismiss" (Doc. #57) is denied. The motion to dismiss was denied without prejudice due to the filing of the third amended complaint. See (Doc. 51). Plaintiffs will have the opportunity to respond in opposition should Defendants file motions to dismiss the third amended complaint. The Court notes that the motion for leave to file an amended response in opposition does not comply with Rule 3.01(g), which requires a certificate of conferral as to most types of motions. If Plaintiffs continue to violate this rule, their motions may be subject to summary denial. Signed by Judge Thomas P. Barber on 11/20/2025. (ANL)
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Filing 59
ENDORSED ORDER: Because Plaintiffs filed the appropriate motion (Doc. #49), the new joint motion for case management conference (Doc. #58) is denied as moot. Signed by Judge Thomas P. Barber on 11/20/2025. (ANL)
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| Filing 58 MOTION for Miscellaneous Relief, specifically Joint Motion for Case Management Conference by Rick Krom, Jean Pauley. (Attachments: #1 Text of Proposed Order)(AM) |
| Filing 57 MOTION to Amend #36 Response in Opposition to Motion, by Rick Krom, Jean Pauley. (Attachments: #1 Amended Opposition to Motion, #2 Exhibit, #3 Text of Proposed Order)(AM) |
| Filing 56 ***Entered in error (AM) Modified on 11/20/2025 (AM). |
| Filing 55 STRICKEN per Order 61 NOTICE of Filing documents by Rick Krom, Jean Pauley (AM) Modified on 11/21/2025 to edit docket text (ELA). |
| Filing 54 NOTICE of hearing: Case Management Conference set for 12/3/2025 at 01:00 PM VIA ZOOM before Magistrate Judge Anthony E. Porcelli. Zoom information to be sent via email. (LV) |
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Filing 53
ENDORSED ORDER granting #49 Motion for a Case Management Conference. Signed by Magistrate Judge Anthony E. Porcelli on 11/17/2025. (LV)
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Filing 52
ENDORSED ORDER: The Clerk is directed to strike as improperly filed discovery "Plaintiffs' Rule 26(a)(1)(A)(iii) Damages Computation" (Doc. #48). Discovery requests and responses should generally not be filed on the Court docket except as an attachment to a pending motion, when appropriate, or as directed by the Court. See Fed. R. Civ. P. 5(d)(1)(A). Plaintiffs are warned that the continued failure to comply with the Federal Rules of Civil Procedure and Local Rules of this Court may result in sanctions, including dismissal of this case. Signed by Judge Thomas P. Barber on 11/14/2025. (ANL)
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Filing 51
ENDORSED ORDER: On November 10, 2025, Plaintiffs Jean Pauley and Rick Krom filed an unauthorized third amended complaint. See (Doc. #47). Plaintiffs have already amended once as a matter of course. See Fed. R. Civ. P. 15; (Doc. #20). That being said, in the interest of judicial economy, the Court will accept the third amended complaint as filed. Plaintiffs are specifically warned that they may not file another amended complaint without the opposing parties' written consent or leave of the Court. In light of the amended complaint, Defendant M&T Bank's motion to dismiss (Doc. #26) is denied as moot. Defendants M&T Bank and Blue Cross RV, LLC may file their responses to the third amended complaint on or before December 5, 2025. Signed by Judge Thomas P. Barber on 11/14/2025. (ANL)
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Filing 50
ENDORSED ORDER: Plaintiffs' "Request for Case-Management Direction and Cost-Access Relief" (Doc. #43) and "Plaintiffs' Motion for Mediation Cost Relief and Access to ADR" (Doc. #44) are denied. The Court notes that mediation has not yet been ordered, and Plaintiffs should stop filing notices regarding mediation unless or until required to do so by a court order. Plaintiffs' requests for a pro bono mediator, to shift the costs of mediation entirely to Defendants, and/or to appoint a magistrate judge to mediate this case are denied. Signed by Judge Thomas P. Barber on 11/14/2025. (ANL)
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Filing 46
ENDORSED ORDER: The Clerk is directed to strike "Plaintiffs' Motion for Case Management Conference (IDEAL Order Compliance; Preservation of Non-Consent; Request for Mediation Cost Relief and Access to ADR)" (Doc. #45), which does not comply with the Court's prior orders (Doc. 34; 41) or the IDEAL referral order (Doc. #31). Plaintiffs are required to file a joint motion (that is, with the actual input of Defendants) requesting a case management conference - that is all. The filing of such a motion does not mean that Plaintiffs are consenting to the IDEAL program, and they do not need to note their lack of consent. In addition, Plaintiffs should not and cannot include other extraneous requests as part of the motion requesting the IDEAL case management conference, such as their requests related to mediation. To be clear, the joint motion requesting a case management conference before the magistrate judge should be just that - a joint motion requesting a case management conference before the magistrate judge, and nothing else. The Court will extend the deadline to file this motion to November 26, 2025. If Plaintiffs fail to file a compliant motion, or if they generally continue to fail to comply with the Court's orders, this case may be dismissed with prejudice. Signed by Judge Thomas P. Barber on 11/13/2025. (ANL) Modified on 11/13/2025 (ANL).
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| Filing 49 Joint MOTION requesting IDEAL Case Management Conference by Rick Krom, Jean Pauley. (AM) (Additional attachment(s) added on 11/14/2025: #1 Text of proposed order) (AM). |
| Filing 48 STRICKEN per 52 Order; Plaintiff's Rule 26 Damages Computation by Rick Krom, Jean Pauley (AM) Modified on 11/17/2025 to edit docket text (JDR). |
| Filing 47 THIRD AMENDED COMPLAINT against Blue Compass RV, LLC, M&T Bank filed by Jean Pauley, Rick Krom. Related document: #20 Amended Complaint, filed by Jean Pauley, Rick Krom. (Attachments: #1 Cover letter, #2 Notice of Filing Third Amended Complaint)(AM) |
| Filing 45 STRICKEN PER 46 ORDER. MOTION for Miscellaneous Relief, specifically for Case Management Conference by Rick Krom, Jean Pauley. (Attachments: #1 Exhibit, #2 Text of Proposed Order, #3 Cover Letter)(MCB) Modified docket text on 11/14/2025 (JOS). |
| Filing 44 MOTION for Miscellaneous Relief, specifically for Mediation and Cost Relief and Access to ADR by Rick Krom, Jean Pauley. (Attachments: #1 Exhibit, #2 Text of Proposed Order, #3 Cover Letter)(MCB) |
| Filing 43 Notice of Plaintiff's Conferral Regarding Mediation and MOTION for Miscellaneous Relief, specifically for Case Management Direction and Cost Access Relief by Rick Krom, Jean Pauley. (Attachments: #1 Exhibit, #2 Text of Proposed Order, #3 Cover Letter)(MCB) |
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Filing 42
ENDORSED ORDER: The Clerk is directed to strike Docs. #38, #39, and #40 as unauthorized filings. Plaintiffs are advised that they should carefully review and comply with the Federal Rules of Civil Procedure and Local Rules of this Court. Signed by Judge Thomas P. Barber on 11/7/2025. (ANL)
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Filing 41
ENDORSED ORDER: "Plaintiffs Motion for Referral to Mediation and to Set Mediation Deadline" (Doc #37) is denied. The Court notes that the motion fails to comply with Local Rule 3.01(g), which requires conferral prior to filing a motion of this type. In any event, this case will proceed in the normal course - that is, the parties will be required to attend an IDEAL case management conference. Should the parties not consent to participate in the IDEAL program, they will be required to file a case management report that will propose numerous deadlines, including a mediation deadline. That being said, if any motion to dismiss is granted, there is a possibility that no deadlines will be set and the case will be closed. Signed by Judge Thomas P. Barber on 11/7/2025. (ANL)
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| Filing 40 NOTICE of Filing Proposed Order by Rick Krom, Jean Pauley. (Attachments: #1 Cover Letter)(MCB) |
| Filing 39 NOTICE of Second Attempt to Confer regarding Mediation pursuant to Local Rule 3.01(g) by Rick Krom, Jean Pauley. (Attachments: #1 Cover Letter)(MCB) |
| Filing 38 NOTICE of Filing Exhibits Regarding Mediation Conferral by Rick Krom, Jean Pauley. (Attachments: #1 Cover Letter)(MCB) |
| Filing 37 MOTION for Miscellaneous Relief, specifically for Referral to Mediation and to Set Mediation Deadline by Rick Krom, Jean Pauley. (Attachments: #1 Text of Proposed Order, #2 Cover Letter)(MCB) |
| Filing 36 RESPONSE in Opposition re #26 MOTION to Dismiss Plaintiffs' First Amended Verified Civil Complaint for Violations of TILA/Regulation Z (ATR & Disclosure Violations) Fraud, FDUTPA/SCUTPA, Punitive Damages, and Declaratory Relief Jury Trial Demanded filed by Rick Krom, Jean Pauley. (Attachments: #1 Appendix A-C, #2 Text of Proposed Order, #3 Cover Letter)(MCB) |
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Filing 35
ENDORSED ORDER: The Clerk is directed to strike Doc. #32, which is an unauthorized filing and unconnected to any pending motions. To the extent that conferral is required as to a motion, a certificate of conferral should be included as part of the motion pursuant to Local Rule 3.01(g). "Conferral letters" such as this are not to be filed on the docket. The Court notes, for the benefit of the pro se Plaintiffs, that they should review and comply with the Federal Rules of Civil Procedure and the Local Rules of the Middle District of Florida. Litigation - particularly in federal court - is difficult, and Plaintiffs should consider hiring an attorney. If they are unable to afford counsel, they should consider the resources available to pro se litigants, including the Legal Information Program operated by the Tampa Bay Chapter of the Federal Bar Association, and the Middle District of Florida's guide to assist pro se litigants proceeding in federal court, which is located on the Court's website. Signed by Judge Thomas P. Barber on 11/6/2025. (ANL)
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Filing 34
ENDORSED ORDER: "Plaintiffs' Notice of Election" (Doc. #33), which the Court construes as a motion, is denied. The parties are required to file a joint motion requesting a case management conference before the assigned magistrate judge and are required to participate in the IDEAL case management conference. Following the IDEAL case management conference, the parties may either file the stipulated consent or submit the standard case management report should they not consent. If Plaintiffs fail to file the required motion or participate in the case management conference, this case may be dismissed without prejudice without further notice. Signed by Judge Thomas P. Barber on 11/6/2025. (ANL)
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| Filing 33 MOTION for Miscellaneous Relief, specifically to proceed under the standard case management procedures and NOTICE of election not to participate in the Ideal Program by Rick Krom, Jean Pauley. (Attachments: #1 Text of Proposed Order)(AM) |
| Filing 32 **STRICKEN PER ORDER 35** Second NOTICE of Filing proof of conferral letters by Rick Krom, Jean Pauley (Attachments: #1 Exhibit)(AM) Modified text on 11/7/2025 (KME). |
| ***PRO HAC VICE FEES PAID (Receipt Number TPA73230 for $150) by attorney Ryan C. Bueche, appearing on behalf of Blue Compass RV, LLC. Related document: #27 MOTION for Ryan C. Bueche to appear pro hac vice. (EGP) |
| Filing 31 NOTICE of Order Referring Case to U.S. Magistrate Judge for IDEAL Program. See attached Order for important deadlines and information about the IDEAL Program. (LV) |
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Filing 30
ENDORSED ORDER: The "Motion to Extend Defendant Blue Compass RV, LLC's Appearance Deadline" (Doc. #28) is granted. Blue Compass may file its response to the amended complaint on or before November 25, 2025. Signed by Judge Thomas P. Barber on 10/28/2025. (ANL)
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Filing 29
ENDORSED ORDER granting #27 Motion to Appear Pro Hac Vice. Attorney Ryan C. Bueche may appear pro hac vice on behalf of Defendant Blue Compass RV, LLC. 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 10/28/2025. (CPK)
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| Filing 28 MOTION for Extension of Time to File Answer re #20 Amended Complaint, by Blue Compass RV, LLC. (eportal) (Attachments: #1 Exhibit A-C)(MCB) |
| Filing 27 MOTION for Ryan C. Bueche to appear pro hac vice by Blue Compass RV, LLC. (eportal) (Attachments: #1 Exhibit A)(MCB) Motions referred to Magistrate Judge Anthony E. Porcelli. |
| Filing 26 MOTION to Dismiss Plaintiffs' First Amended Verified Civil Complaint for Violations of TILA/Regulation Z (ATR & Disclosure Violations) Fraud, FDUTPA/SCUTPA, Punitive Damages, and Declaratory Relief Jury Trial Demanded by M&T Bank. (Simms-Petredis, Jacqueline) |
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Filing 23
ENDORSED ORDER: Plaintiffs' "Emergency Motion for Temporary Restraining Order and Incorporated Memorandum of Law" (Doc. #21) is denied. As the Court previously explained, Plaintiffs have failed to meet the high burden for the issuance of a temporary restraining order. See (Doc. #7). Absent a showing of true emergency, the Court is not able to address Plaintiffs' allegations without input from Defendants. Signed by Judge Thomas P. Barber on 10/21/2025. (ANL)
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| Filing 22 NOTICE of Filing Certified Mail Receipts and Delivery Confirmations for Notices of Resciccion by Rick Krom, Jean Pauley (Attachments: #1 Cover letter)(AM) |
| Filing 21 EMERGENCY MOTION for Temporary Restraining Order by Rick Krom, Jean Pauley. (Attachments: #1 Exhibit, #2 Text of Proposed Order) (TPA team e-mailed)(AM) |
| Filing 20 SECOND AMENDED COMPLAINT against Blue Compass RV, LLC, M&T Bank with Jury Demand. filed by Jean Pauley, Rick Krom. Related document: #12 Amended Complaint, filed by Jean Pauley, Rick Krom. (Attachments: #1 Cover letter)(AM) |
| Filing 25 RETURN of service executed on 10/9/2025 by Jean Pauley, Rick Krom as to Blue Compass RV, LLC. (Document extracted from Doc 17 NOTICE of Filing Proofs of Service as per filer's request/call to show event on docket) (AM) |
| Filing 24 RETURN of service executed on 10/9/2025 by Jean Pauley, Rick Krom as to M&T Bank. (Document extracted from Doc #17 NOTICE of Filing Proofs of Service as per filer's request/call to show event on docket) (AM) |
| Filing 19 Local Rule 3.01(g) Certification by Rick Krom, Jean Pauley (AM) |
| Filing 18 NOTICE of Filing Proof of Conferral Re Mediation and Certified Mail by Rick Krom, Jean Pauley (AM) |
| Filing 17 NOTICE of Filing Proofs of Service by Rick Krom, Jean Pauley (AM) |
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Filing 16
ENDORSED ORDER: "Plaintiffs' Motion to Authorize Service by U.S. Marshals Service at Plaintiffs' Expense" (Doc. #14) is denied. The Court notes that Plaintiffs are not authorized to proceed in forma pauperis having elected to pay the filing fee, and Plaintiffs have not shown any basis for the request. The Court notes that Plaintiffs must serve Defendants on or before December 9, 2025, and must file returns of service within 21 days after service. See Fed. R. Civ. P. 4(m); Local Rule 1.10. Failure to do so may result in the dismissal of this case without prejudice without further notice. Signed by Judge Thomas P. Barber on 10/15/2025. (ANL)
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| Filing 15 NOTICE of Filing Corrected Exhibits by Jean Pauley, Rick Krom re #12 Amended Complaint, (EGP) (Main Document 15 replaced to fix page orientation on 10/9/2025) (MCB). |
| Filing 14 MOTION for Miscellaneous Relief, specifically to Authorize Service by U.S. Marshals by Rick Krom, Jean Pauley. (Attachments: #1 Text of Proposed Order)(AM) |
| Filing 13 SUMMONS issued as to Blue Compass RV, LLC, M&T Bank. (AM) |
| Filing 12 AMENDED COMPLAINT against Blue Compass RV, LLC, M&T Bank with Jury Demand. filed by Jean Pauley, Rick Krom. Related document: #1 Complaint filed by Jean Pauley, Rick Krom. (Attachments: #1 Cover letter, #2 Exhibit) (Filer stated that more documents included in the cover letter will be filed next week)(AM) |
| Filing 11 ***Entered in error*** (AM) Modified text on 10/3/2025 (AM). |
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Filing 10
ENDORSED ORDER: "Plaintiffs' Motion for Permission to Use CM/ECF" (Doc. #3) is denied. "It is the District's preferred policy to disallow pro se litigants access to electronic filing unless extenuating circumstances exist to justify waiving CM/ECF procedures." Fisher v. District School Bd. of Collier County, No. 2:10-cv-512-FtM-29SPC, 2010 WL 3522215, at *1 (M.D. Fla. Sept. 7, 2010). Plaintiffs have not shown good cause to warrant receiving electronic notices of filings in this case. Signed by Judge Thomas P. Barber on 9/11/2025. (ANL)
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Filing 9
ENDORSED ORDER: Plaintiffs' "Emergency Motion for Marshall to Serve Defendants" (Doc. #4) is denied. The Court notes that Plaintiffs are not authorized to proceed in forma pauperis having elected to pay the filing fee, and Plaintiffs have not shown any basis for the request. Signed by Judge Thomas P. Barber on 9/11/2025. (ANL)
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Filing 8
ORDER: The complaint (Doc. #1) is dismissed without prejudice, with leave to amend. Plaintiffs are directed to file an amended complaint to cure the defects identified in this Order on or before October 2, 2025. The failure to file an amended complaint as directed will result in this Order becoming a final judgment. See Order for details. Signed by Judge Thomas P. Barber on 9/11/2025. (ANL)
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Filing 7
ORDER: "Plaintiffs' Emergency Motion for Temporary Restraining Order, Referral to Mediation, and Preliminary Injunction" (Doc. #2) is hereby denied. See Order for details. Signed by Judge Thomas P. Barber on 9/11/2025. (ANL)
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| Filing 6 SUMMONS issued as to Blue Compass RV, LLC, M&T Bank. (AM) |
| Filing 5 NOTICE of Filing Exhibits by Rick Krom, Jean Pauley (AM) |
| Filing 4 Emergency MOTION for Miscellaneous Relief, specifically for Marshall to Serve Defendants by Rick Krom, Jean Pauley. (TPA team e-mailed) (AM) |
| Filing 3 MOTION for Miscellaneous Relief, specifically for Permission to Use CM/ECF by Rick Krom, Jean Pauley. (Attachments: #1 Text of Proposed Order)(AM) |
| Filing 2 Emergency MOTION for Temporary Restraining Order, Referral to Mediation, and Preliminary Injunction by Rick Krom, Jean Pauley. (Attachments: #1 Text of Proposed Order) (TPA team e-mailed)(AM) |
| Filing 1 EMERGENCY COMPLAINT against Blue Compass RV, LLC, M&T Bank with Jury Demand Filing fee $405, receipt number TPA 72930 filed by Jean Pauley, Rick Krom. (Attachments: #1 Cover Sheet) (TPA team e-mailed)(AM) |
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