National Builders Insurance Company v. RQ Building Products, Inc. et al
| National Builders Insurance Company and Vinings Insurance Company |
| Matthew Kreichman, Toll Bros., Inc., Harris Kreichman, Lori Kreichman, RQ Building Products, Inc. and Michael Kreichman |
| 0:2017cv61474 |
| July 25, 2017 |
| US District Court for the Southern District of Florida |
| Ft Lauderdale Office |
| Broward (Office: Ft Lauderdale) |
| Federico A Moreno |
| Barry S Seltzer |
| Insurance |
| 28 U.S.C. § 2201 Declaratory Judgment (Insurance) |
| None |
Docket Report
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| Filing 85 STATUS REPORT 11th Status Report by National Builders Insurance Company (Haine-Roberts, Logan) |
| Filing 84 STATUS REPORT by National Builders Insurance Company (Haine-Roberts, Logan) |
| Filing 83 STATUS REPORT (Ninth) by National Builders Insurance Company (Haine-Roberts, Logan) |
| Filing 82 STATUS REPORT 8th Status Report by National Builders Insurance Company (Haine-Roberts, Logan) |
| Filing 81 STATUS REPORT Seventh by National Builders Insurance Company (Haine-Roberts, Logan) |
| Filing 80 STATUS REPORT Sixth by National Builders Insurance Company (Haine-Roberts, Logan) |
| Filing 79 STATUS REPORT by National Builders Insurance Company (Haine-Roberts, Logan) |
| Filing 78 STATUS REPORT FOURTH by National Builders Insurance Company (Kammer, Ronald) |
| Filing 77 NOTICE by National Builders Insurance Company of Appearance and Designation of E-Mail Addresses. Attorney Logan Galbraith Haine-Roberts added to party National Builders Insurance Company(pty:pla). (Haine-Roberts, Logan) |
| Filing 76 STATUS REPORT by National Builders Insurance Company (Rhayem, Samantha) |
| Filing 75 STATUS REPORT by National Builders Insurance Company (Attachments: #1 Exhibit A)(Rhayem, Samantha) |
| Filing 74 STATUS REPORT by National Builders Insurance Company (Attachments: #1 Exhibit A, #2 Exhibit B)(Rhayem, Samantha) |
Filing 73
ORDER Granting #67 Kreichman Defendants' Motion to Stay. The Clerk is directed to close the case for statistical purposes and place the matter in civil suspense. The Calendar Call and Jury Trial are terminated. Signed by Judge Federico A. Moreno on 10/5/2018. See attached document for full details. (km02)
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Filing 72
ORDER Adopting #63 Report and Recommendation; Denying #49 Plaintiff's Motion for Summary Judgment; Granting #57 Kreichman Defendants' Motion for Summary Judgment; Overruling #64 Plaintiff's Objections to Report and Recommendation. Signed by Judge Federico A. Moreno on 10/5/2018. See attached document for full details. (km02)
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| Filing 71 PRETRIAL STIPULATION by National Builders Insurance Company (Attachments: #1 Exhibit A, #2 Exhibit B)(Rhayem, Samantha) |
| Filing 70 Witness List by Harris Kreichman, Lori Kreichman, Matthew Kreichman, Michael Kreichman.. (Gelfand, Scott) |
| Filing 69 Exhibit List by Harris Kreichman, Lori Kreichman, Matthew Kreichman, Michael Kreichman.. (Gelfand, Scott) |
| Filing 68 NOTICE by National Builders Insurance Company re #67 Unopposed MOTION to Stay Declaratory Judgment Action Pending Resolution of Underlying State Court Action (Rhayem, Samantha) |
| Filing 67 Unopposed MOTION to Stay Declaratory Judgment Action Pending Resolution of Underlying State Court Action by Harris Kreichman, Lori Kreichman, Matthew Kreichman, Michael Kreichman. Responses due by 10/10/2018 (Gelfand, Scott) |
| Filing 66 Witness List by National Builders Insurance Company.. (Rhayem, Samantha) |
| Filing 65 Exhibit List by National Builders Insurance Company.. (Rhayem, Samantha) |
| Filing 64 OBJECTIONS to #63 Report and Recommendations on Motion for Summary Judgment by National Builders Insurance Company. (Rhayem, Samantha) |
| Filing 63 REPORT AND RECOMMENDATIONS re #57 Cross Motion for Summary Judgment filed by Matthew Kreichman, Harris Kreichman, Lori Kreichman, and Michael Kreichman, and #49 Motion for Summary Judgment filed by National Builders Insurance Company. Objections to R&R due by 9/21/2018 Signed by Magistrate Judge Barry S. Seltzer on 9/7/2018. See attached document for full details. (pb00) |
| Filing 62 REPLY to Response to Motion re #49 MOTION for Summary Judgment and Incoporated Memorandum of Law filed by National Builders Insurance Company. (Rhayem, Samantha) |
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Filing 61
ORDER denying #56 Motion to Remove Case from Trial Docket. Signed by Judge Federico A. Moreno on 8/30/2018. See attached document for full details. (da00)
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Filing 60
PAPERLESS ORDER granting in part and denying in part #58 Motion for Extension of Time to File Reply to #49 MOTION for Summary Judgment and Incoporated Memorandum of Law filed by National Builders Insurance Company. Reply due by 9/6/2018. Signed by Magistrate Judge Barry S. Seltzer on 8/27/2018. (pb00)
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| Filing 59 Clerks Notice to Filer re #58 Unopposed MOTION for Extension of Time to File Reply re #57 MemorandumPlaintiff's MOTION for Extension of Time to File Response/Reply/Answer . Motion with one Relief Filed as Multiple Reliefs; ERROR - The Filer selected multiple relief events, when only one was necessary. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (ls) |
| Filing 58 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #57 Memorandum (Responses due by 9/10/2018), by National Builders Insurance Company. (Attachments: #1 Text of Proposed Order)(Rhayem, Samantha) Modified Text to Reflect One Relief on 8/27/2018 (ls). |
| Filing 57 MEMORANDUM in Opposition re #49 MOTION for Summary Judgment and Incoporated Memorandum of Law and Cross Motion for Summary Judgment by Harris Kreichman, Lori Kreichman, Matthew Kreichman, Michael Kreichman. (Gelfand, Scott) |
| Filing 56 Unopposed MOTION to Continue / Remove Case from Trial Docket re #21 Order on Motion to Stay,, #27 USCA Mandate, #30 Scheduling Order, by National Builders Insurance Company. Responses due by 9/5/2018 (Rhayem, Samantha) |
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Filing 55
PAPERLESS ORDER granting in part and denying in part #51 Motion for Extension of Time to File Response Re: #49 Plaintiff's MOTION for Summary Judgment. Defendants' responses due by 8/23/2018. Signed by Magistrate Judge Barry S. Seltzer on 8/8/2018. (pb00)
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Filing 54
ORDER REFERRING CASE to Magistrate Judge Barry S. Seltzer for any and all pretrial matters. Signed by Judge Federico A. Moreno on 8/7/2018. See attached document for full details. (da00)
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| Filing 53 MEDIATION REPORT by John Freud. Disposition: Adjourned.(Freud, John) |
| Filing 52 Clerks Notice to Filer re #51 Agreed MOTION for Extension of Time 30 days to Respond to Plaintiff's Motion for Summary Judgment re #49 MOTION for Summary Judgment and Incoporated Memorandum of Law. Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls) |
| Filing 51 Agreed Motion for Extension of Time to File Response/Reply/Answer as to #49 MOTION for Summary Judgment and Incoporated Memorandum of Law by Harris Kreichman, Lori Kreichman, Matthew Kreichman, Michael Kreichman. Responses due by 8/15/2018 (Gelfand, Scott) Modified Relief on 8/2/2018 (ls). |
| Filing 50 Statement of: Material Facts in Support of its Motion for Summary Judgment by National Builders Insurance Company re #49 MOTION for Summary Judgment and Incoporated Memorandum of Law (Rhayem, Samantha) |
| Filing 49 MOTION for Summary Judgment and Incoporated Memorandum of Law by National Builders Insurance Company. Responses due by 8/6/2018 (Rhayem, Samantha) |
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Filing 48
ORDER granting #41 Motion to Strike. Signed by Judge Federico A. Moreno on 7/2/2018. See attached document for full details. (lfs)
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| Filing 47 REPLY to Response to Motion re #41 MOTION to Strike Defendants Harris, Lori, Matthew and Michael Kreichman's Claim for Attorney's Fees and Incoroprated Memorandum of Law filed by National Builders Insurance Company. (Rhayem, Samantha) |
| Filing 46 RESPONSE in Opposition re #41 MOTION to Strike Defendants Harris, Lori, Matthew and Michael Kreichman's Claim for Attorney's Fees and Incoroprated Memorandum of Law filed by Harris Kreichman, Lori Kreichman, Matthew Kreichman, Michael Kreichman. Replies due by 6/29/2018. (Gelfand, Scott) |
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Filing 45
ORDER granting #42 Motion for Extension of Time to Respond to Plaintiff's Motion to Strike. Signed by Judge Federico A. Moreno on 6/11/2018. (da00)
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| Filing 44 NOTICE by National Builders Insurance Company re #42 Unopposed Motion for Extension of Time to File Response/Reply/Answer as to #41 MOTION to Strike Defendants Harris, Lori, Matthew and Michael Kreichman's Claim for Attorney's Fees and Incoroprated Memorandum of Law (Rhayem, Samantha) |
| Filing 43 Clerks Notice to Filer re #42 Unopposed MOTION for Extension of Time 30 Days re #41 MOTION to Strike Defendants Harris, Lori, Matthew and Michael Kreichman's Claim for Attorney's Fees and Incoroprated Memorandum of Law. Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls) |
| Filing 42 Unopposed Motion for Extension of Time to File Response/Reply/Answer as to #41 MOTION to Strike Defendants Harris, Lori, Matthew and Michael Kreichman's Claim for Attorney's Fees and Incoroprated Memorandum of Law by Harris Kreichman, Lori Kreichman, Matthew Kreichman, Michael Kreichman. Responses due by 6/13/2018 (Gelfand, Scott) Modified Relief on 5/30/2018 (ls). |
| Filing 41 MOTION to Strike Defendants Harris, Lori, Matthew and Michael Kreichman's Claim for Attorney's Fees and Incoroprated Memorandum of Law by National Builders Insurance Company. Responses due by 5/24/2018 (Rhayem, Samantha) |
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Filing 40
ORDER denying #39 Motion to Strike. Signed by Judge Federico A. Moreno on 5/10/2018. (da00)
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| Filing 39 Plaintiff's MOTION to Strike #37 Answer to Amended Complaint by National Builders Insurance Company. Responses due by 5/22/2018 (Rhayem, Samantha) |
| Filing 38 ANSWER and Affirmative Defenses to Amended Complaint , COUNTERCLAIM against National Builders Insurance Company by Lori Kreichman, Matthew Kreichman, Michael Kreichman, Harris Kreichman. (Gelfand, Scott) |
| Filing 37 ANSWER and Affirmative Defenses to Amended Complaint 2ND Amended Complaint by RQ Building Products, Inc.. (Salloum, Roland) |
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Filing 36
ORDER REOPENING CASE. Signed by Judge Federico A. Moreno on 4/10/2018. (da00)
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| Filing 35 NOTICE of Mediator Hearing. Mediation Hearing set for 08/06/18 at 10:00 a.m.. (Rhayem, Samantha) |
| Filing 34 NOTICE of Mediator Selection. Added John S. Freud. (Attachments: #1 Text of Proposed Order)(Rhayem, Samantha) |
| Filing 33 Second AMENDED COMPLAINT for Declaratory Relief against Harris Kreichman, Lori Kreichman, Matthew Kreichman, Michael Kreichman, RQ Building Products, Inc., filed by National Builders Insurance Company. (Attachments: #1 Exhibit A - Part 1 - Policy, #2 Exhibit A - Part 2 - Policy, #3 Exhibit A - Part 3 - Policy, #4 Exhibit B - UL Second Amended Complaint, #5 Exhibit C Master Construction Agreement, #6 Exhibit D Certificate of Occupancy)(Rhayem, Samantha) |
| Filing 32 NOTICE by National Builders Insurance Company re #28 Amended Complaint, Notice of Filing Corrected Ex. B (Attachments: #1 Exhibit Ex. B - UL Second Amended Complaint) (Rhayem, Samantha) |
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Filing 31
ORDER REFERRING CASE to Mediation. Mediation Deadline 8/30/2018. Signed by Judge Federico A. Moreno on 3/21/2018. (da00)
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Filing 30
SCHEDULING ORDER: Jury Trial set for 10/15/2018 before Judge Federico A. Moreno. Calendar Call set for 10/9/2018 02:00 PM before Judge Federico A. Moreno. Signed by Judge Federico A. Moreno on 3/21/2018. (da00) #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.
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| Filing 29 ANSWER and Affirmative Defenses to Amended Complaint , COUNTERCLAIM against National Builders Insurance Company by Michael Kreichman, Lori Kreichman, Matthew Kreichman, Harris Kreichman. (Gelfand, Scott) |
| Filing 28 First AMENDED COMPLAINT against Harris Kreichman, Lori Kreichman, Matthew Kreichman, Michael Kreichman, RQ Building Products, Inc., filed by National Builders Insurance Company. (Attachments: #1 Exhibit A-1 Policy, #2 Exhibit A-2 Policy, #3 Exhibit A-3 Policy, #4 Exhibit B Second Amended Complaint, #5 Exhibit C Master Construction Agreement, #6 Exhibit D Certificate of Occupancy)(Kammer, Ronald) |
| Filing 27 MANDATE of USCA (certified copy). AFFIRMED IN PART and REVERSED AND REMANDED IN PART. We affirm the district courts stay of the case as to National Builders' duty to indemnify, but reverse and remand for further proceedings as to its duty to defend re #23 Notice of Appeal, filed by National Builders Insurance Company; Date Issued: 2/22/2018; USCA Case Number: 17-14369-EE. (apz) |
| Filing 26 Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Southern District of Florida certifies that the record is complete for purposes of this appeal re: #23 Notice of Appeal, Appeal No. 17-14369-EE. The entire record on appeal is available electronically. (apz) |
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Filing 25
ORDER DENYING MOTION FOR RECONSIDERATION. Plaintiff's Motion for Reconsideration #22 is DENIED as there is an appeal filed before the Eleventh Circuit Court of Appeals. Signed by Judge Federico A. Moreno on 10/6/2017. (da00)
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| Filing 24 Acknowledgment of Receipt of NOA from USCA re #23 Notice of Appeal, filed by National Builders Insurance Company. Date received by USCA: 9/29/2017. USCA Case Number: 17-14369-EE. (apz) |
| Filing 23 Notice of Appeal as to #21 Order on Motion to Stay,, by National Builders Insurance Company. Filing fee $ 505.00 receipt number 113C-10072422. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information. (Wyman, James) |
| Transmission of Notice of Appeal, Order under appeal and Docket Sheet to US Court of Appeals re #23 Notice of Appeal, Notice has been electronically mailed. (apz) |
| Filing 22 Plaintiff's MOTION for Reconsideration re #21 Order on Motion to Stay,, by National Builders Insurance Company. (Rhayem, Samantha) |
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Filing 21
ORDER granting #19 Defendants' Motion to Stay. Closing Case for Statistical Purposes and Placing Matter in Civil Suspense. Plaintiff shall notify the Court by 12/1/2017, and every three months thereafter, of the current status of the proceedings, and when this action is ready to proceed. Closing Case. Signed by Judge Federico A. Moreno on 8/30/2017. (kcg) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69.
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Filing 20
ORDER Vacating Default Against Defendant Toll Bros., Inc. Signed by Judge Federico A. Moreno on 8/30/2017. (kcg)
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| Filing 19 MOTION to Stay This Declaratory Judgment Action Pending Resolution of the Underlying State Court Action by Harris Kreichman, Lori Kreichman, Matthew Kreichman, Michael Kreichman. Attorney Scott N. Gelfand added to party Harris Kreichman(pty:dft), Attorney Scott N. Gelfand added to party Lori Kreichman(pty:dft), Attorney Scott N. Gelfand added to party Matthew Kreichman(pty:dft), Attorney Scott N. Gelfand added to party Michael Kreichman(pty:dft). Responses due by 9/11/2017 (Gelfand, Scott) |
| Filing 18 Toll Bros., Inc. ANSWER and Affirmative Defenses to Complaint by Toll Bros., Inc.. Attorney Chad Nathan Dunigan added to party Toll Bros., Inc.(pty:dft). (Dunigan, Chad) |
| Filing 17 Unopposed MOTION to Set Aside Default by Toll Bros., Inc.. Attorney Justin Michael Leise added to party Toll Bros., Inc.(pty:dft). (Leise, Justin) |
| Filing 16 VACATED Clerks Entry of Default as to Toll Bros, Inc. - Motions Terminated: #15 Motion for Clerks Entry of Default Signed by DEPUTY CLERK on 8/23/2017. (pes) Modified to vacate per DE #20 Order on 8/31/2017 (tpl). |
| Filing 15 MOTION for Clerks Entry of Default as to Toll Bros., Inc. by National Builders Insurance Company. (Attachments: #1 Exhibit Return of Service, #2 Exhibit Proposed Default)(Rhayem, Samantha) |
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Filing 14
ENDORSED ORDER granting #12 Defendant's RQ Building Products, Inc.'s Unopposed Motion for Extension of Time to File Response to the Complaint. Defendant RQ Building Products, Inc. may file a response to the complaint by no later than September 7, 2017. Signed by Judge Federico A. Moreno on 8/21/2017. (mmd) [This is a paperless order].
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| Filing 13 Clerks Notice to Filer re #12 Defendant's MOTION for Extension of Time to File Response/Reply/Answer to Complaint. Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (ls) |
| Filing 12 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint by RQ Building Products, Inc.. (Salloum, Roland) Modified Link on 8/21/2017 (ls). |
| Filing 11 NOTICE of Attorney Appearance by Roland Sabeh Salloum on behalf of RQ Building Products, Inc.. Attorney Roland Sabeh Salloum added to party RQ Building Products, Inc.(pty:dft). (Salloum, Roland) |
| Filing 10 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline by National Builders Insurance Company. Harris Kreichman served on 7/29/2017, answer due 8/21/2017. (Rhayem, Samantha) |
| Filing 9 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline by National Builders Insurance Company. Lori Kreichman served on 7/29/2017, answer due 8/21/2017. (Rhayem, Samantha) |
| Filing 8 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline by National Builders Insurance Company. Michael Kreichman served on 7/29/2017, answer due 8/21/2017. (Rhayem, Samantha) |
| Filing 7 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline by National Builders Insurance Company. Matthew Kreichman served on 7/29/2017, answer due 8/21/2017. (Rhayem, Samantha) |
| Filing 6 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline by National Builders Insurance Company. Toll Bros., Inc. served on 7/28/2017, answer due 8/18/2017. (Rhayem, Samantha) |
| Filing 5 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline by National Builders Insurance Company. RQ Building Products, Inc. served on 7/28/2017, answer due 8/18/2017. (Rhayem, Samantha) |
| Filing 4 Summons Issued as to Harris Kreichman, Lori Kreichman, Matthew Kreichman, Michael Kreichman, RQ Building Products, Inc., Toll Bros., Inc. (pes) |
| Filing 3 Clerks Notice to Filer re: Electronic Case. Attorney information does not match initiating document. The name of the attorney submitting the complaint does not match the signature on the pdf document. The attorney listed on the initiating document has been added. It is not necessary to re-file this document. (pes) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Federico A. Moreno. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge William C. Turnoff 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. (pes) |
| Filing 1 COMPLAINT for Declaratory Relief against Harris Kreichman, Lori Kreichman, Matthew Kreichman, Michael Kreichman, RQ Building Products, Inc., Toll Bros., Inc.. Filing fees $ 400.00 receipt number 113C-9918527, filed by National Builders Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) RQ Building, #3 Summon(s) Toll Bros, #4 Summon(s) Harris Kreichman, #5 Summon(s) Lori Kreichman, #6 Summon(s) Matthew Kreichman, #7 Summon(s) Michael Kreichman, #8 Exhibit Composite A-1, #9 Exhibit Composite A-2, #10 Exhibit Composite A-3, #11 Exhibit B, #12 Exhibit C)(Rhayem, Samantha) |
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