JAMES v. CIRCLE K STORES INC
Plaintiff: SAMUEL JAMES
Defendant: CIRCLE K STORES INC
Case Number: 1:2020cv00215
Filed: August 25, 2020
Court: US District Court for the Northern District of Florida
Presiding Judge: GARY R JONES
Referring Judge: MARK E WALKER
Nature of Suit: Other Statutory Actions
Cause of Action: 15 U.S.C. § 1681 Fair Credit Reporting Act
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on May 20, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 20, 2021 Opinion or Order Filing 79 CLERK'S JUDGMENT re #78 ORDER GRANTING DEFENDANT'S #55 MOTION FOR SUMMARY JUDGMENT, DENYING PLAINTIFF'S #58 MOTION TO CERTIFY CLASS AS MOOT, AND DISMISSING CASE. (kdm)
May 20, 2021 Opinion or Order Filing 78 ORDER GRANTING DEFENDANT'S #55 MOTION FOR SUMMARY JUDGMENT, DENYING PLAINTIFF'S #58 MOTION TO CERTIFY CLASS AS MOOT, AND DISMISSING CASE. Signed by CHIEF JUDGE MARK E WALKER on 5/20/2021. The Clerk is directed to enter judgment stating, "Plaintiff's claims are DISMISSED for lack of standing." The Clerk shall close the file. (kdm)
May 5, 2021 Opinion or Order Filing 77 RESPONSE by CIRCLE K STORES INC re #76 Notice (Other) to Plaintiff's Notice of Filing Supplemental Authority. (BRAHAM, CHRISTOPHER)
May 5, 2021 Opinion or Order Filing 76 NOTICE of Filing Supplemental Authority by SAMUEL JAMES re #69 Response/Reply, #70 Response/Reply, #64 Response in Opposition to Motion (Attachments: #1 Exhibit A) (EDELMAN, MARC)
April 23, 2021 Opinion or Order Filing 75 RESPONSE by CIRCLE K STORES INC re #74 Notice (Other) to Plaintiff's Notice of Filing Supplemental Authority. (BRAHAM, CHRISTOPHER)
April 22, 2021 Opinion or Order Filing 74 NOTICE of Filing Supplemental Authority by SAMUEL JAMES re #70 Response/Reply, #64 Response in Opposition to Motion (Attachments: #1 Exhibit A) (EDELMAN, MARC)
April 7, 2021 Opinion or Order Filing 73 RESPONSE by CIRCLE K STORES INC re #72 Notice (Other) of Filing Supplemental Authority. (BRAHAM, CHRISTOPHER)
April 7, 2021 Opinion or Order Filing 72 NOTICE of Filing Supplemental Authority by SAMUEL JAMES re #70 Response/Reply, #64 Response in Opposition to Motion (Attachments: #1 Exhibit A) (EDELMAN, MARC)
March 12, 2021 Opinion or Order Filing 71 RESPONSE by CIRCLE K STORES INC re #68 Order,, Set Deadlines, Defendant's Supplemental Brief In Support of Its Motion for Summary Judgment. (BRAHAM, CHRISTOPHER)
March 12, 2021 Opinion or Order Filing 70 RESPONSE by SAMUEL JAMES re #68 Order,, Set Deadlines, (Plaintiff's Supplemental Briefing Pursuant to Court Order Directing Parties to Submit Supplemental Arguments (Dkt. 68). (EDELMAN, MARC)
March 12, 2021 Opinion or Order Filing 69 RESPONSE by SAMUEL JAMES re #66 Memorandum in Support in Opposition to Defendant's Objections to Declaration of Samuel James. (EDELMAN, MARC)
March 5, 2021 Opinion or Order Filing 68 ORDER DIRECTING PARTIES TO SUBMIT SUPPLEMENTAL ARGUMENTS re #55 MOTION for Summary Judgment with Supporting Memorandum of Law filed by CIRCLE K STORES INC signed by CHIEF JUDGE MARK E WALKER on 3/5/21. ( Parties supplemental briefs Deadline - by 3/12/2021.). (bkp)
March 4, 2021 Opinion or Order Filing 67 ORDER CANCELLING PRETRIAL CONFERENCE AND PRETRIAL DEADLINES signed by CHIEF JUDGE MARK E WALKER on 3/4/21. (bkp)
March 1, 2021 Opinion or Order Filing 66 MEMORANDUM in Support re #65 Reply to Response to Motion - Objections to Declaration of Samuel James by CIRCLE K STORES INC. (BRAHAM, CHRISTOPHER)
March 1, 2021 Opinion or Order Filing 65 REPLY to Response to Motion re #55 MOTION for Summary Judgment with Supporting Memorandum of Law filed by CIRCLE K STORES INC. (BRAHAM, CHRISTOPHER)
February 22, 2021 Opinion or Order Filing 64 RESPONSE in Opposition re #55 MOTION for Summary Judgment with Supporting Memorandum of Law filed by SAMUEL JAMES. (EDELMAN, MARC)
February 22, 2021 Opinion or Order Filing 63 NOTICE of Filing Exhibits in Support of Plaintiff's Response to Defendant's Motion for Summary Judgment with Supporting Memorandum of Law by SAMUEL JAMES (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (EDELMAN, MARC)
February 19, 2021 Opinion or Order Filing 62 ORDER GRANTING PLAINTIFF'S #61 MOTION FOR EXTENSION OF TIME TO RESPOND TO MOTION FOR SUMMARY JUDGMENT. (Response due on or before: 2/22/2021). Signed by CHIEF JUDGE MARK E WALKER on 2/19/2021. (kdm)
February 18, 2021 Opinion or Order Filing 61 MOTION for Extension of Time to File Response to Defendant's Motion for Summary Judgment by SAMUEL JAMES. (EDELMAN, MARC)
February 5, 2021 Opinion or Order Filing 60 ORDER GRANTING MOTION TO STAY DEADLINE, re: #56 Ex Parte MOTION to Stay Deadline to File a Brief in Opposition to Class Certification. Defendant's deadline to file its response to Plaintiff's motion for class certification is stayed until 28 days after this Court resolves Defendants pending motion for summary judgment. Signed by CHIEF JUDGE MARK E WALKER on 2/5/2021. (kdm) (Main Document 60 replaced on 2/5/2021) (kjw). Modified on 2/5/2021 to update docket text and regenerate NEF. (kjw)
February 5, 2021 Opinion or Order Filing 59 STIPULATION to Stay Circle K's Deadline to File a Brief in Opposition to James' Motion for Class Certification by SAMUEL JAMES. (EDELMAN, MARC)
January 29, 2021 Opinion or Order Filing 58 MOTION to Certify Class and Supporting Memorandum of Law by SAMUEL JAMES. (Internal deadline for referral to judge if response not filed earlier: 2/12/2021). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (EDELMAN, MARC)
January 29, 2021 Opinion or Order Filing 57 ORDER FOR EXPEDITED RESPONSE re #56 Ex Parte MOTION to Stay. (Plaintiff's expedited response due on or before : 2/5/2021). Signed by CHIEF JUDGE MARK E WALKER on 1/29/2021. (kdm)
January 28, 2021 Opinion or Order Filing 56 Ex Parte MOTION to Stay Deadline to File a Brief in Opposition to Class Certification by CIRCLE K STORES INC. (Attachments: #1 Text of Proposed Order) (BRAHAM, CHRISTOPHER)
January 28, 2021 Opinion or Order Filing 55 MOTION for Summary Judgment with Supporting Memorandum of Law by CIRCLE K STORES INC. (Internal deadline for referral to judge if response to summary judgment not filed earlier: 2/18/2021). (Attachments: #1 Text of Proposed Order) (ALVAREZ, MELISSA)
January 28, 2021 Opinion or Order Filing 54 NOTICE of Filing of Exhibits in Support of Motion for Summary Judgment with Supporting Memorandum of Law by CIRCLE K STORES INC (Attachments: #1 Exhibit 54-1, #2 Exhibit 54-2, #3 Exhibit 54-3, #4 Exhibit 54-4, #5 Exhibit 54-5, #6 Exhibit 54-6) (ALVAREZ, MELISSA)
January 28, 2021 Opinion or Order by CIRCLE K STORES INC. (ALVAREZ, MELISSA)
January 22, 2021 Opinion or Order Filing 53 STATUS REPORT by SAMUEL JAMES. (EDELMAN, MARC)
December 29, 2020 Opinion or Order Filing 52 NOTICE OF TELEPHONIC HEARING: Telephonic Pretrial Conference set for 6/4/2021 10:00 AM before CHIEF JUDGE MARK E WALKER. ALL PARTIES are directed to call the AT&T Conference Line (see below) Conference Call Information You may dial into the conference call up to five minutes before start time. Call in number: 888-684-8852 When prompted for an access code, enter: 3853136# If you are asked to join as the host, just ignore and wait until you are asked for a security code. When asked for a security code, enter: 4565# Say your name, when prompted. You are now in the conference call. Remember to mute your phone when you are not speaking. The Court also asks that counsel NOT use cell phones or speaker phones during the call as the quality of the audio connection is comprised by these devices. NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as a hearing impairment, please contact Victoria Milton McGee at 850-521-3510 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made.s/ Victoria Milton McGeeCourtroom Deputy Clerk (vkm)
December 23, 2020 Opinion or Order Filing 51 STATUS REPORT by SAMUEL JAMES. (EDELMAN, MARC)
December 18, 2020 Opinion or Order Filing 50 ORDER FOR PRETRIAL CONFERENCE signed by CHIEF JUDGE MARK E WALKER on 12/18/20. Attorney Conference to take place by 5/21/2021. Pretrial Stipulation due by 5/28/2021. Jury Trial set for 6/21/2021 08:15 AM in U.S. Courthouse Gainesville before CHIEF JUDGE MARK E WALKER. TELEPHONIC Pretrial Conference set for 6/4/2021 10:00 AM in U.S. Courthouse Gainesville before CHIEF JUDGE MARK E WALKER. (bkp)
December 11, 2020 Opinion or Order Filing 49 ORDER GRANTING MOTION TO EXTEND DEADLINES Re: #48 Joint MOTION to Extend Time to Fact Discovery Cutoff And Class Certification Deadlines :( Discovery due by 1/8/2021. Dispositive Motions and Class Certification to be filed by 1/29/2021.) The deadline to move for class certification is extended to January 29, 2021, and Defendants deadline to oppose class certification is extended to February 26, 2021 signed by CHIEF JUDGE MARK E WALKER on 12/11/20. (bkp)
December 11, 2020 Opinion or Order Set Deadline - Chambers of Chief Judge Mark Walker to be notified that action is needed Re: #49 Order setting Defendants deadline to oppose class certification is extended to February 26, 2021. Notify Chambers on 2/26/2021. (bkp)
December 10, 2020 Opinion or Order Filing 48 Joint MOTION to Extend Time to Fact Discovery Cutoff And Class Certification Deadlines by CIRCLE K STORES INC. (Attachments: #1 Text of Proposed Order) (BRAHAM, CHRISTOPHER)
December 10, 2020 Opinion or Order Filing 47 ORDER GRANTING JOINT #46 MOTION TO ABROGATE MEDIATION REQUIREMENT. Signed by CHIEF JUDGE MARK E WALKER on 12/10/2020. This Court's mediation requirement is abrogated until after this Court makes a certification determination. (kdm)
December 9, 2020 Opinion or Order Filing 46 Joint MOTION to Extend TimeTo Agree To Mediate Until After A Class Certification Determination Is Made by CIRCLE K STORES INC. (Attachments: #1 Text of Proposed Order) (BRAHAM, CHRISTOPHER)
December 3, 2020 Opinion or Order Filing 45 ORDER granting #44 Motion for Extension of Time to File. The parties may file a notice of non-agreement of mediator on or before December 9, 2020 signed by CHIEF JUDGE MARK E WALKER on 12/3/20. (bkp)
December 2, 2020 Opinion or Order Filing 44 Joint MOTION for Extension of Time to File Notice of Non-Agreement of Mediator by SAMUEL JAMES. (EDELMAN, MARC)
November 24, 2020 Opinion or Order Filing 43 STATUS REPORT by SAMUEL JAMES. (EDELMAN, MARC)
October 26, 2020 Opinion or Order Filing 42 STATUS REPORT by SAMUEL JAMES. (EDELMAN, MARC)
October 26, 2020 Opinion or Order ACTION REQUIRED BY DISTRICT JUDGE: Chambers of CHIEF JUDGE MARK E WALKER notified that action is needed Re: #19 INITIAL Scheduling Order - Status Report due by 10/25/2020. (*** None filed to date.***) (kdm)
October 13, 2020 Opinion or Order Filing 41 SCHEDULING AND MEDIATION ORDER. (Discovery due by 12/23/2020., Dispositive Motions to be filed by 1/13/2021., Mediation Report due by 2/3/2021., Mediation Report due by 2/3/2021., Jury Trial set for 6/21/2021 08:30 AM in U.S. Courthouse Gainesville before CHIEF JUDGE MARK E WALKER.) Case referred to mediation. Signed by CHIEF JUDGE MARK E WALKER on 10/13/2020. (kdm)
October 12, 2020 Filing 40 RULE 26 Disclosures by SAMUEL JAMES. (EDELMAN, MARC)
October 9, 2020 Filing 39 RULE 26 Disclosures by CIRCLE K STORES INC. (ALVAREZ, MELISSA)
October 9, 2020 Filing 38 REPORT of Rule 26(f) Planning Meeting. (EDELMAN, MARC)
October 9, 2020 ACTION REQUIRED BY DISTRICT JUDGE: Chambers of CHIEF JUDGE MARK E WALKER notified that action is needed Re: #19 INITIAL Scheduling Order - Rule 26 Meeting Report due by 10/8/2020. ( *** None filed to date. ***) (kdm)
October 2, 2020 Filing 37 ANSWER to #1 Complaint, by CIRCLE K STORES INC. (ALVAREZ, MELISSA)
September 28, 2020 RESet Deadline per #19 INITIAL SCHEDULING ORDER -- JOINT Status Report due by 10/25/2020. (kdm)
September 24, 2020 Filing 36 STATUS REPORT by SAMUEL JAMES. (EDELMAN, MARC)
September 24, 2020 Opinion or Order Filing 35 ORDER DENYING DEFENDANT'S #34 MOTION FOR RECONSIDERATION OF MOTION TO STRIKE. Signed by CHIEF JUDGE MARK E WALKER on 9/24/2020. (kdm)
September 22, 2020 Filing 34 MOTION for Reconsideration re #33 Order on Motion to Strike , or in the Alternative, Reply Memorandum in Support of its Motion to Strike the Class Allegations in Plaintiff's Complaint by CIRCLE K STORES INC. (ALVAREZ, MELISSA)
September 18, 2020 Opinion or Order Filing 33 ORDER DENYING MOTION TO STRIKE CLASS ALLEGATIONS re: #13 Motion to Strike signed by CHIEF JUDGE MARK E WALKER on 9/18/20. (bkp)
September 16, 2020 Opinion or Order Filing 32 ORDER GRANTING #31 MOTION TO EXTEND CLASS CERTIFICATION DEADLINE. (Plaintiff's class certification due on or before - by 12/14/2020). Signed by CHIEF JUDGE MARK E WALKER on 9/16/2020. (kdm)
September 15, 2020 Filing 31 MOTION for Extension of Time to File Motion for Class Certification by SAMUEL JAMES. (EDELMAN, MARC)
September 15, 2020 Filing 30 NOTICE of Appearance by MARC REED EDELMAN on behalf of SAMUEL JAMES (EDELMAN, MARC)
September 15, 2020 Opinion or Order Filing 29 ORDER GRANTING #27 LEAVE TO FILE A REPLY. (Defendant's Replies due by 9/22/2020). Signed by CHIEF JUDGE MARK E WALKER on 9/15/2020. (kdm)
September 15, 2020 Opinion or Order Filing 28 ORDER ADMITTING CHRISTOPHER A BRAHAM PRO HAC VICE granting #26 Motion to Appear Pro Hac Vice. (Appointed CHRISTOPHER ANTHONY BRAHAM for CIRCLE K STORES INC). Signed by CHIEF JUDGE MARK E WALKER on 9/15/2020. (kdm)
September 14, 2020 Filing 27 MOTION for Leave to File re #13 MOTION to Strike #1 Complaint Class Allegations and Memorandum of Law in Support Thereof by CIRCLE K STORES INC. (ALVAREZ, MELISSA)
September 14, 2020 Filing 26 MOTION to Appear Pro Hac Vice by Christopher A. Braham.( Filing fee $ 201 receipt number AFLNDC-5647861.) by CIRCLE K STORES INC. (Attachments: #1 Certificate of Good Standing) (BRAHAM, CHRISTOPHER)
September 10, 2020 Filing 25 RESPONSE in Opposition re #13 MOTION to Strike #1 Complaint Class Allegations and Memorandum of Law in Support Thereof filed by SAMUEL JAMES. (TRIANTIS, GEORGE)
September 4, 2020 Opinion or Order Filing 24 ORDER GRANTING #23 EXTENSION OF TIME TO RESPOND TO MOTION TO STRIKE. (Plaintiff's response due on or before: 9/10/2020). Signed by CHIEF JUDGE MARK E WALKER on 9/4/2020. (kdm)
September 3, 2020 Filing 23 MOTION for Extension of Time to File Response/Reply as to #13 MOTION to Strike #1 Complaint Class Allegations and Memorandum of Law in Support Thereof by SAMUEL JAMES. (TRIANTIS, GEORGE)
September 3, 2020 Filing 22 NOTICE of Appearance by MELISSA R ALVAREZ on behalf of CIRCLE K STORES INC (ALVAREZ, MELISSA)
September 2, 2020 Filing 21 Corporate Disclosure Statement/Certificate of Interested Persons by CIRCLE K STORES INC. (UPSHAW, ANTHONY)
August 28, 2020 Filing 20 NOTICE of Appearance by GEORGE GUS TRIANTIS on behalf of SAMUEL JAMES (TRIANTIS, GEORGE)
August 25, 2020 Opinion or Order Filing 19 INITIAL SCHEDULING ORDER. Signed by CHIEF JUDGE MARK E WALKER on 8/25/2020. Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 9/8/2020., JOINT Status Report due by 9/25/2020 and every 30 days thereafter., Rule 26 Meeting Report due by 10/8/2020., Discovery due by 12/23/2020. (kdm) (Mailed to all parties.)
August 25, 2020 Filing 18 NOTICE REGARDING ELECTRONIC FILING REQUIREMENT As To CIRCLE K STORES INC re #1 Complaint. ( *** Mailed to Attorney: MELISSA R ALVAREZ, ESQ., McDermott Will & Emery, LLP, 333 SE 2nd Avenue, Suite 4500, Miami, FL 33131-2184. Phone: 305-358-3500. ***) (kdm)
August 25, 2020 Filing 17 NOTICE REGARDING ADMISSION TO PRACTICE as to CIRCLE K STORES INC re #1 Complaint. ( *** Mailed to Attorney: MELISSA R ALVAREZ, ESQ., McDermott Will & Emery, LLP, 333 SE 2nd Avenue, Suite 4500, Miami, FL 33131-2184. Phone: 305-358-3500. ***) (kdm)
August 25, 2020 Filing 16 NOTICE REGARDING ELECTRONIC FILING REQUIREMENT as to SAMUEL JAMES re #1 Complaint. (*** Mailed to Attorney: MARC R. EDELMAN, ESQ., MORGAN & MORGAN, P.A., 201 N. Franklin Street, Suite 700, Tampa, FL 33602. Phone: 813-223-5505. ***) (kdm)
August 25, 2020 Filing 15 NOTICE REGARDING ADMISSION TO PRACTICE As To SAMUEL JAMES re #1 Complaint. (*** Mailed to Attorney: MARC R. EDELMAN, ESQ., MORGAN & MORGAN, P.A., 201 N. Franklin Street, Suite 700, Tampa, FL 33602. Phone: 813-223-5505. ***) (kdm)
August 25, 2020 Filing 14 Case transferred in from District of Florida Middle; Case Number 8:20-cv-01406. Original file certified copy of transfer order and docket sheet received.
August 25, 2020 Set Deadlines: Admissions due by 9/15/2020 as to MARC R. EDELMAN, ESQ. and MELISSA R ALVAREZ, ESQ. (kdm)
August 20, 2020 Filing 13 MOTION to Strike #1 Complaint Class Allegations and Memorandum of Law in Support Thereof by Circle K Stores Inc.. (Attachments: #1 Text of Proposed Order)(Alvarez, Melissa) [Transferred from Florida Middle on 8/25/2020.]
August 20, 2020 Opinion or Order Filing 12 ORDER GRANTING #11 Defendant's Unopposed Motion to Transfer Venue. The CLERK of this Court shall TRANSFER this action to the Northern District of Florida, Gainesville Division for all further proceedings and CLOSE this case. See Order for details. Signed by Judge Mary S. Scriven on 8/20/2020. (GMD) [Transferred from Florida Middle on 8/25/2020.]
August 17, 2020 Filing 11 Unopposed MOTION to Change Venue / Transfer Case to the Northern District of Florida by Circle K Stores Inc.. (Attachments: #1 Text of Proposed Order)(Alvarez, Melissa) [Transferred from Florida Middle on 8/25/2020.]
July 22, 2020 Opinion or Order Filing 10 ENDORSED ORDER GRANTING #9 Defendant's Unopposed Motion to Extend Response to Plaintiff's Complaint. Defendant shall have up to and including August 20, 2020 to file its answer or otherwise respond to the Complaint. Signed by Judge Mary S. Scriven on 7/22/2020. (GMD) [Transferred from Florida Middle on 8/25/2020.]
July 21, 2020 Filing 9 Unopposed MOTION for Extension of Time to File Response/Reply to Plaintiff's Complaint by Circle K Stores Inc.. (Attachments: #1 Text of Proposed Order)(Alvarez, Melissa) Modified event type on 7/21/2020 (CTR). [Transferred from Florida Middle on 8/25/2020.]
July 14, 2020 Filing 8 NOTICE of pendency of related cases re #4 Related case order and track 2 notice per Local Rule 1.04(d) by Samuel James. Related case(s): yes (Edelman, Marc) [Transferred from Florida Middle on 8/25/2020.]
July 2, 2020 Filing 7 CERTIFICATE of interested persons and corporate disclosure statement re #5 Interested persons order by Samuel James. (Edelman, Marc) [Transferred from Florida Middle on 8/25/2020.]
July 1, 2020 Filing 6 RETURN of service executed on June 30, 2020 by Samuel James as to Circle K Stores Inc.. (Edelman, Marc) [Transferred from Florida Middle on 8/25/2020.]
June 18, 2020 Opinion or Order Filing 5 INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 7/2/2020. Signed by Judge Mary S. Scriven on 6/18/2020. (SKP) [Transferred from Florida Middle on 8/25/2020.]
June 18, 2020 Opinion or Order Filing 4 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 7/2/2020. Signed by Judge Mary S. Scriven on 6/18/2020. (SKP) [Transferred from Florida Middle on 8/25/2020.]
June 18, 2020 Filing 3 SUMMONS issued as to Circle K Stores Inc. (MCB) [Transferred from Florida Middle on 8/25/2020.]
June 18, 2020 Filing 2 NEW CASE ASSIGNED to Judge Mary S. Scriven and Magistrate Judge Julie S. Sneed. New case number: 8:20-cv-1406-T-35JSS. (SJB) [Transferred from Florida Middle on 8/25/2020.]
June 17, 2020 Filing 1 COMPLAINT against Circle K Stores Inc. with Jury Demand (Filing fee $ 400 receipt number 113A-16952067) filed by Samuel James. (Attachments: #1 Proposed Summons, #2 Civil Cover Sheet)(Edelman, Marc) [Transferred from Florida Middle on 8/25/2020.]

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Defendant: CIRCLE K STORES INC
Represented By: CHRISTOPHER ANTHONY BRAHAM
Represented By: MELISSA R ALVAREZ
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Plaintiff: SAMUEL JAMES
Represented By: GEORGE GUS TRIANTIS
Represented By: MARC REED EDELMAN
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