Securities and Exchange Commission v. MJ Capital Funding, LLC et al
| Securities and Exchange Commission |
| MJ Capital Funding, LLC, MJ Taxes and More, Inc., and Johanna M. Garcia |
| Wendy Rodrich |
| 0:2021cv61644 |
| August 9, 2021 |
| US District Court for the Southern District of Florida |
| Raag Singhal |
| Alicia O Valle |
| Securities/Commodities |
| 15 U.S.C. § 0078 Securities Exchange Act |
| Defendant |
Docket Report
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This docket was last retrieved on June 17, 2022. A more recent docket listing may be available from PACER.
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| Filing 135 MOTION for Preliminary Injunction Plaintiffs Motion for Order Re-Extending Asset Freeze by Consent as to Defendant Johanna M. Garcia by Securities and Exchange Commission. (Attachments: #1 Exhibit 1 - Text of Proposed Order)(Moot, Stephanie) |
| Filing 134 Notice of Filing Claim by Wendy Rodrich. (pes) |
| Filing 133 MOTION Receiver's Third Interim Application to Authorize Payment of Fees and Expenses of Receiver and Her Professionals by Corali Lopez-Castro. (Attachments: #1 Exhibit A - SFAR, #2 Exhibit B - Receiver, #3 Exhibit C - KTT, #4 Exhibit D - KapilaMukamal, #5 Exhibit E - HD Investigative, #6 Exhibit F - Stretto, #7 Exhibit G - Proposed Order)(Lee, Bernice) |
| Filing 132 STATUS REPORT (Receiver's Third Interim Report) by Corali Lopez-Castro (Attachments: #1 Exhibit A)(Lee, Bernice) |
| Filing 131 DEFENDANT JOHANNA M. GARCIA'S ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Johanna M. Garcia. (Schoeppl, Carl) |
| Filing 130 AMENDED COMPLAINT for Injunctive and Other Relief and Demand for Jury Trial against Johanna M. Garcia, MJ Capital Funding, LLC, MJ Taxes and More, Inc., filed in response to Order Granting Motion for Leave, filed by Securities and Exchange Commission.(Moot, Stephanie) |
Filing 129
ORDER DENYING RECONSIDERATION;denying #83 Motion for Reconsideration re #83 Third Party MOTION for Reconsideration. The Non-Parties' Pavel Ruiz MJCF, LLC and UDM Remodeling, LLC ("Pavel Companies") Motion to Vacate and Reconsider the Entry of Judgment/Order [ECF #79] Granting the Receiver's Ex Parte Motion to Expand Receivership Estate to include the "Pavel Companies" [ECF #67] and Memorandum of Law (DE #83 ) is DENIED. Signed by Judge Raag Singhal on 3/18/2022. See attached document for full details. (yar)
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Filing 128
ORDER granting #115 Motion to Amend Complaint. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge. Amended Complaint due by 3/24/2022. Signed by Judge Raag Singhal on 3/18/2022. See attached document for full details. (yar)
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Filing 127
ORDER granting #93 Plaintiff's Motion for Order Extending Asset Freeze by Consent as to Defendant Johanna M. Garcia. Signed by Judge Raag Singhal on 3/18/2022. See attached document for full details. (yar)
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Filing 126
ORDER Granting the Receiver's Second Interim Application to Authorize the Payment of Fees and Expenses of Receiver and her Professionals DE #114 . Signed by Judge Raag Singhal on 3/18/2022. See attached document for full details. (lbc)
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Filing 125
ORDER GRANTING RECEIVER'S MOTION TO (I) ESTABLISH BAR DATE FOR CLAIMS; (II) APPROVE FORM AND MANNER OF NOTICE; (III) APPROVE PROOF OF CLAIM FORM; AND (IV) APPROVE CLAIM SUBMISSION AND ADMINISTRATION PROCEDURES. Granting #113 Motion. Signed by Judge Raag Singhal on 3/18/2022. See attached document for full details. (lbc)
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| Filing 124 MOTION to Expand Employment of Auctioneer and Auction Sale of Vehicles and Surrendered Personal Property re #64 Order on Motion for Miscellaneous Relief,, Order on Motion to Expedite, by Corali Lopez-Castro. (Attachments: #1 Exhibit A-Proposed Agreement, #2 Exhibit B-Proposed Order)(Lee, Bernice) |
| Filing 123 MOTION for Entry of Consent Order for Turnover of Funds Against Defendant Johanna M. Garcia and MJ Enterprise Inc. by Corali Lopez-Castro. (Attachments: #1 Exhibit A - Consent Order, #2 Exhibit B - Proposed Order)(Lee, Bernice) |
| Filing 122 MEDIATION REPORT by Howard A Tescher. Disposition: Adjourned.(Tescher, Howard) |
| Filing 121 MOTION for Supplemental Order for Turnover of Wolters Kluwer and TaxWise Accounts re #50 Order on Motion for Miscellaneous Relief for Turnover of Websites and Social Media and Other Accounts by Corali Lopez-Castro. (Attachments: #1 Text of Proposed Order)(Lee, Bernice) |
| Filing 120 Second MOTION to Continue Deadline for Filing Liquidation Plan re #17 Order on Motion to Appoint Receiver by Corali Lopez-Castro. Responses due by 3/10/2022 (Attachments: #1 Exhibit A - Proposed Order)(Lee, Bernice) |
| Filing 119 SUPPLEMENT to #115 MOTION to Amend/Correct #1 Complaint, Motion to Amend Complaint by Securities and Exchange Commission (Moot, Stephanie) |
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Filing 118
ORDER Re: #107 Receiver's First Interim Application to Authorize the Payment of Fees and Expenses of Receiver and her Professionals. Signed by Judge Raag Singhal on 2/22/2022. See attached document for full details. (pes)
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Filing 117
ORDER granting #110 Motion for Authority to Employ Stretto, Inc. as Consultant and Service Provider Pursuant to Services Agreement. Signed by Judge Raag Singhal on 2/22/2022. See attached document for full details. (pes)
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Filing 116
ORDER granting #108 Receiver's Motion to Extend Deadline Related to Second Interim Application to Authorize Payment of Fees and Reimbursement of Expenses of Receiver and Her Professionals. Signed by Judge Raag Singhal on 2/22/2022. See attached document for full details. (pes)
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| Filing 115 MOTION to Amend/Correct #1 Complaint, Motion to Amend Complaint by Securities and Exchange Commission. Responses due by 3/8/2022 (Attachments: #1 Exhibit 1 - Proposed Amended Complaint, #2 Text of Proposed Order)(Moot, Stephanie) |
| Filing 114 MOTION Receiver's Second Interim Application to Authorize Payment of Fees and Expenses of Receiver and Her Professionals by Corali Lopez-Castro. (Attachments: #1 Exhibit A - SFAR, #2 Exhibit B - Receiver, #3 Exhibit C - KTT, #4 Exhibit D - KapilaMukamal, #5 Exhibit E - HD Investigative, #6 Exhibit F - Proposed Order)(Widlanski, Benjamin) |
| Filing 113 MOTION to (I) Establish Bar Date for Claims; (II) Approve Form and Manner of Notice; (III) Approve Proof of Claim Form; and (IV) Approve Claim Submission and Administration Procedures by Corali Lopez-Castro. (Attachments: #1 Exhibit A - Proposed Order, #2 Exhibit B - Notice of Bar Date and Claims Procedures, #3 Exhibit C - Proof of Claim Form, #4 Exhibit D - Publication Notice)(Lee, Bernice) |
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Filing 112
PAPERLESS ORDER granting #111 Unopposed Second Motion for Extension of Time to Amend Pleadings. The deadline for the parties to amend the pleadings is extended to February 21, 2022. All previous deadlines shall remain in effect. Signed by Judge Raag Singhal on 2/9/2022. (eca)
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| Filing 111 MOTION for Extension of Time to Amend Unopposed Second Motion for Extension of Time to Amend Pleadings by Securities and Exchange Commission. Responses due by 2/23/2022 (Attachments: #1 Text of Proposed Order)(Moot, Stephanie) |
| Filing 110 MOTION for Authority to Employ Stretto Inc. as Consultant and Service Provider Pursuant to Services Agreement by Corali Lopez-Castro. (Attachments: #1 Exhibit 1 - Proposed Order, #2 Exhibit 2 - Stretto Service Agreement)(Lee, Bernice) |
| Filing 109 STATUS REPORT (Receiver's Second Interim Report) by Corali Lopez-Castro (Attachments: #1 Exhibit A)(Lee, Bernice) |
| Filing 108 Agreed MOTION for Extension of Time to Provide and File Second Interim Application to Authorize Payment of Fees and Reimbursement of Expenses of Receiver and Her Professionals re #17 Order on Motion to Appoint Receiver by Corali Lopez-Castro. Responses due by 2/7/2022 (Attachments: #1 Text of Proposed Order)(Rosendorf, David) |
| Filing 107 Receiver's First Interim Application to Authorize Payment of Fees and Expenses of Receiver and Her Professionals by Corali Lopez-Castro. (Attachments: #1 Exhibit A - SFAR, #2 Exhibit B - Receiver, #3 Exhibit C - KTT, #4 Exhibit D - KapilaMukamal, #5 Exhibit E - HD Investigative, #6 Exhibit F - Proposed Order)(Lee, Bernice) |
| Filing 106 NOTICE OF WITHDRAWAL OF MOTION by Corali Lopez-Castro re #105 MOTION Receiver's First Interim Application to Authorize Payment of Fees and Expenses of Receiver and Her Professionals filed by Corali Lopez-Castro (Lee, Bernice) |
| Filing 105 WITHDRAWN Receiver's First Interim Application to Authorize Payment of Fees and Expenses of Receiver and Her Professionals by Corali Lopez-Castro. (Attachments: #1 Exhibit A - SFAR, #2 Exhibit B - Receiver, #3 Exhibit C - KTT, #4 Exhibit D - KapilaMukamal, #5 Exhibit E - HD Investigative, #6 Exhibit F - Proposed Order)(Lee, Bernice) Modified on 1/6/2022 per DE #106 Notice (kpe). |
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Filing 104
PAPERLESS ORDER DENYING #86 Non-Party DaVibezCreation, LLC's Amended Motion to Quash Subpoena to Bank of America, N.A. (the "Motion") as untimely under Federal Rule of Civil Procedure 45. Pursuant to Rule 45, the objection must be served upon the earlier of the time specified for compliance or 14 days after the subpoena is served. Fed. R. Civ. Pro. 45(d)(2); see, e.g., McCort v. ADCS Clinics, LLC, No. 20-CV-335-WWB-LRH, 2021 WL 3194989, at *8 (M.D. Fla. Mar. 23, 2021) ("Typically, failure to serve written objections to a subpoena in the time provided by Rule 45 waives any objections that party may have.") (citations omitted). Here, the subpoena required compliance by October 18, 2021. ECF No. [86-1] at 1. According to the Receiver, however, she received Bank of America's response to the subpoena (including bank statement for the two accounts owned by DaVibezCreation) on October 19, 2021, one day after the due date. Non-Party DaVibezCreation did not file the Motion until October 20, 2021 and has not shown good cause for its delay in seeking relief. Accordingly, the Motion is DENIED as untimely. Signed by Magistrate Judge Alicia O. Valle on 12/14/2021. (sd01)
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Filing 103
AMENDED ORDER Scheduling Mediation before Howard A. Tesher. (Mediation Hearing set for 2/28/2022 09:30 AM ), Granting #102 Joint MOTION to Re-Designate Mediator. Mediation Report due 3/2/2022. Signed by Judge Raag Singhal on 12/7/2021. See attached document for full details. (ls)
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| Filing 102 MOTION to Appoint Mediator Joint Motion to Re-Designate Mediator by Securities and Exchange Commission. Responses due by 12/16/2021 (Attachments: #1 Text of Proposed Order)(Moot, Stephanie) |
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Filing 101
ORDER granting #97 Motion to Suspend Deadline for Filing Liquidation Plan. The time for the Receiver to submit a Liquidation Plan is suspended for a period of 120 days, until March 9, 2022. Signed by Judge Raag Singhal on 11/12/2021. See attached document for full details. (pes)
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Filing 100
ORDER granting #99 Motion for Extension of Time to Amend Pleadings. Amended Pleadings due by 2/10/2022. Signed by Judge Raag Singhal on 11/12/2021. See attached document for full details. (pes)
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| Filing 99 Unopposed MOTION for Extension of Time to Amend Pleadings by Securities and Exchange Commission. Responses due by 11/24/2021 (Attachments: #1 Text of Proposed Order)(Moot, Stephanie) |
| Filing 98 RESPONSE to Motion re #67 MOTION and Memorandum of Law to Expand Receivership Estate re #17 Order on Motion to Appoint Receiver REPLY OF NON-PARTY PAVEL RUIZ MJCF LLC AND UDM REMODELING LLC ( PAVELCOMPANIES) TO THE REPLY AND MEMORANDUM OF THE RECEIVER [ECF # 95] RESPONDING TO [ECF # 83] PAVEL COMPANIES MOTION TO STAY VACATE THE JUDGEMENT /ORDER [ECF # 79 ] GRANTING EX PARTE THE RECEIVERS MOTION TO EXPAND RECEIVERSHIP ESTATE TO INCLUDE THE PAVEL COMPANIES [ECF # 67 ]AND MEMORANDUM AND MEMORANDANDUM OF LAW filed by Pavel Ruiz. Replies due by 11/16/2021. (Wandner, Jason) |
| Filing 97 MOTION to Continue Deadline for Filing Liquidation Plan re #17 Order on Motion to Appoint Receiver by Corali Lopez-Castro. Responses due by 11/22/2021 (Attachments: #1 Text of Proposed Order Proposed Order)(Rosendorf, David) |
| Filing 96 NOTICE by Corali Lopez-Castro , as Court Appointed Receiver, of Report of Sale of Personal Property of Receivership Estates (Lee, Bernice) |
| Filing 95 RESPONSE to Motion re #83 Third Party MOTION for Reconsideration re #79 Order on Motion for Miscellaneous Relief,, Order on Sealed Motion, NON-PARTIES PAVEL RUIZ MJCF LLC AND UDM REMODELING LLC ( PAVELCOMPANIES) MOTION TO VACATE AND RECONSIDER THE ENTRY OF JUDGEMENT /O filed by Corali Lopez-Castro. Replies due by 11/5/2021. (Lee, Bernice) |
| Filing 94 STATUS REPORT (Receiver's First Interim Report) by Corali Lopez-Castro (Attachments: #1 Exhibit A, #2 Exhibit B)(Rosendorf, David) |
| Filing 93 MOTION for Preliminary Injunction Plaintiff's Motion for Order Extending Asset Freeze by Consent as to Defendant Johanna M. Garcia by Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order)(Moot, Stephanie) |
| SYSTEM ENTRY - Docket Entry 92 [misc] restricted/sealed until further notice. (1140252) |
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Filing 91
ORDER granting #88 Motion to File Under Seal. Signed by Judge Raag Singhal on 10/22/2021. See attached document for full details. (pes)
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Filing 90
ORDER SCHEDULING MEDIATION before Gerald T. Albrecht. Mediation Deadline 3/2/2022. Mediation Hearing set for 2/28/2022 09:30 AM. Signed by Judge Raag Singhal on 10/22/2021. See attached document for full details. (amb)
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| Filing 89 Joint NOTICE of Mediation Conference by Securities and Exchange Commission pursuant to Court Order (DE 77) of filing a Joint Notice Scheduling Mediation Conference (Attachments: #1 Text of Proposed Order - Order Scheduling Mediation) (Moot, Stephanie) Modified text on 10/25/2021 (kpe). |
| Filing 88 MOTION to Seal Certain Exhibits Attached to Receivers Response to Non-Party, DaVibezCreations, LLCs Amended Motion to Quash Subpoena to Bank of America, N.A. and Incorporated Memorandum of Law per Local Rule 5.4 by Corali Lopez-Castro. (Lee, Bernice) |
| Filing 87 RESPONSE to Motion re #86 Amended MOTION to Quash Subpoena to Bank of America, N.A. and Incorporated Memorandum of Law filed by Corali Lopez-Castro. Replies due by 10/28/2021. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Lee, Bernice) |
| Filing 86 Amended MOTION to Quash Subpoena to Bank of America, N.A. and Incorporated Memorandum of Law by DaVibezCreations, LLC. Attorney Gregory Scott Weiss added to party DaVibezCreations, LLC(pty:mov). (Attachments: #1 Exhibit Subpoena)(Weiss, Gregory) |
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Filing 85
PAPERLESS ORDER DENYING AS MOOT #82 Receiver's Motion to File Under Seal Certain Exhibits Attached to Receiver's Response to Non-Party's Motion to Quash Subpoena to Bank of America, N.A. based on 84 the Order denying Motion to Quash. Signed by Magistrate Judge Alicia O. Valle on 10/18/2021. (sd01)
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Filing 84
PAPERLESS ORDER denying #69 Non-Party's Motion to Quash Subpoena to Bank of America, N.A. for failure to comply with the pre-filing conferral requirement in Local Rule 7.1(a)(3). Signed by Magistrate Judge Alicia O. Valle on 10/18/2021. (sd01)
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| Filing 83 Third Party MOTION for Reconsideration re #79 Order on Motion for Miscellaneous Relief,, Order on Sealed Motion, NON-PARTIES PAVEL RUIZ MJCF LLC AND UDM REMODELING LLC ( PAVELCOMPANIES) MOTION TO VACATE AND RECONSIDER THE ENTRY OF JUDGEMENT /ORDER [ECF # 79 ] GRANTING THE RECEIVERS EX PARTE MOTION TO EXPAND RECEIVERSHIP ESTATE TO INCLUDE THE PAVEL COMPANIES [ECF # 67 ]AND MEMORANDUM OF LAW by Pavel Ruiz. Attorney Jason Matthew Wandner added to party Pavel Ruiz(pty:ip). (Wandner, Jason) |
| Filing 82 MOTION to Seal Certain Exhibits Attached to Receiver's Previously Filed Response to Non-Party, DaVibezCreations, LLC's Motion to Quash Subpoena to Bank of America, N.A. [ECF No. 81] per Local Rule 5.4 by Corali Lopez-Castro. (Lee, Bernice) |
| Filing 81 RESPONSE to Motion re #69 MOTION to Quash Subpoena to Bank of America, N.A. and Incorporated Memorandum of Law filed by Corali Lopez-Castro. Replies due by 10/22/2021. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Lee, Bernice) |
| Filing 80 Initial Disclosure(s) of Receiver Pursuant to Fed.R.Civ.P. 26(a)(1)(A) by Corali Lopez-Castro (Rosendorf, David) |
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Filing 79
ORDER Granting #67 Motion and Memorandum of Law to Expand Receivership Estate #17 Order on Motion to Appoint Receiver, 75 Motion and Memorandum of Law to Expand Receivership Estate. Signed by Judge Raag Singhal on 10/14/2021. See attached document for full details. (nc)
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Filing 78
PAPERLESS ORDER granting in part and denying in part #72 Motion to Quash. Accordingly, it is hereby ORDERED AND ADJUDGED that the Motion to Quash Subpoena(s) to Testify at a Deposition and to Produce Documents Information or Objects or to Permit Inspection (DE #72 ) is GRANTED IN PART and DENIED IN PART, WITHOUT PREJUDICE. The Court declines to quash the subpoenas, however, the Subpoena to Testify at a Deposition on October 15, 2021, is continued. Accordingly, within three (3) business days from the date of this Order, the parties must telephonically meet and confer to schedule a mutually agreeable date and time for the deposition of non-party Pavel Ruiz. Moreover, the deposition must be held within seven (7) days from the date of this Order. Furthermore, if non-party Pavel Ruiz's Fifth Amendment privilege applies to any deposition questions, Ruiz can assert such privilege to the specific question. See Argomaniz, 925 F.2d at 1355 (holding that a court can then address each assertion of privilege "on a question-by-question basis."). IT IS FURTHER ORDERED that the Subpoena Duces Tecum with a deadline of October 11, 2021, shall be extended for a period of thirty (30) days from the date of this Order for non-party Ruiz to invoke the privilege on a request-by-request basis by October 22, 2021. Argomaniz, 925 F.2d at 1356 ("a blanket refusal to produce records or to testify will not support a fifth amendment claim."). Signed by Judge Raag Singhal on 10/14/2021. (eca)
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Filing 77
ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: ( Jury Trial set for 5/22/2023 09:00 AM in Fort Lauderdale Division before Judge Raag Singhal., Calendar Call set for 5/19/2023 10:00 AM in Fort Lauderdale Division before Judge Raag Singhal., Amended Pleadings due by 11/12/2021., Discovery due by 1/6/2023., Expert Discovery due by 1/6/2023., Joinder of Parties due by 11/12/2021., Mediation Deadline 2/3/2023., In Limine Motions due by 1/27/2023., Dispositive Motions due by 1/27/2023., Motions due by 1/27/2023., Pretrial Stipulation due by 5/9/2023., Mediation Deadline 2/3/2023.) Signed by Judge Raag Singhal on 10/13/2021. See attached document for full details. (jao) #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 76
PAPERLESS ORDER denying as moot #71 Motion to Quash in light of the corrected #72 Motion to Quash. Signed by Judge Raag Singhal on 10/13/2021. (eca)
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Filing 74
ORDER Granting #68 Motion to Seal Unredacted Copy of the Receivers Motion and Memorandum of Law to Expand Receivership Estate. Signed by Judge Raag Singhal on 10/12/2021. See attached document for full details. (nc)
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| SYSTEM ENTRY - Docket Entry 75 [motion] restricted/sealed until further notice. (1140252) |
| Filing 73 RESPONSE in Opposition re #72 Corrected MOTION to Quash SUBPOENA(S) TO TESTIFY AT A DEPOSITION AND TO PRODUCE DOCUMENTS INFORMATION OR OBJECTS OR TO PERMIT INSPECTION filed by Johanna M. Garcia. Replies due by 10/18/2021. (Schoeppl, Carl) |
| Filing 72 Corrected MOTION to Quash SUBPOENA(S) TO TESTIFY AT A DEPOSITION AND TO PRODUCE DOCUMENTS INFORMATION OR OBJECTS OR TO PERMIT INSPECTION by Pavel Ruiz. (Mirer, Michael) |
| Filing 71 MOTION to Quash SUBPOENA(S) TO TESTIFY AT A DEPOSITION AND TO PRODUCE DOCUMENTS INFORMATION OR OBJECTS OR TO PERMIT INSPECTION by Pavel Ruiz. Attorney Michael Perry Mirer added to party Pavel Ruiz(pty:ip). (Mirer, Michael) |
| Filing 70 Joint NOTICE of Mediator Selection. Selected/Added Securities and Exchange Commission, Howard Alan Tescher as Mediator. (Moot, Stephanie) |
| Filing 69 MOTION to Quash Subpoena to Bank of America, N.A. and Incorporated Memorandum of Law by DaVibezCreations, LLC. Attorney Michael William Kranz added to party DaVibezCreations, LLC(pty:mov). (Attachments: #1 Exhibit A - Subpoena)(Kranz, Michael) |
| Filing 68 MOTION to Seal an Unredacted Copy of the Receivers Motion and Memorandum of Law to Expand Receivership Estate per Local Rule 5.4 by Corali Lopez-Castro. (Attachments: #1 Text of Proposed Order) (Lee, Bernice) |
| Filing 67 MOTION and Memorandum of Law to Expand Receivership Estate re #17 Order on Motion to Appoint Receiver by Corali Lopez-Castro. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Lee, Bernice) |
| Filing 66 JUDGMENT AS TO DEFENDANT MJ CAPITAL FUNDING, LLC. Signed by Judge Raag Singhal on 10/1/2021. See attached document for full details. (jao) |
| Filing 65 JUDGMENT AS TO DEFENDANT MJ TAXES AND MORE, INC. Signed by Judge Raag Singhal on 10/4/2021. See attached document for full details. (jao) |
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Filing 64
ORDER granting #60 Motion to Approve Employment of Auctioneer and Auction Sale of Personal Property (Expedited Relief Requested) ; denying as moot #62 Motion for Expedited Ruling on Motion to Approve Employment of Auctioneer and Auction Sale of Personal Property (Expedited Relief Requested). Signed by Judge Raag Singhal on 10/4/2021. See attached document for full details. (jao)
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Filing 63
ORDER granting #61 Motion for Entry of Judgment of Permanent Injunction and Other Relief Against Defendants MJ Capital Funding, LLC and MJ Taxes and More, Inc. Signed by Judge Raag Singhal on 10/1/2021. See attached document for full details. (jao)
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| Filing 62 MOTION to Expedite Ruling on Motion to Approve Employment of Auctioneer and Auction Sale of Personal Property by Corali Lopez-Castro. (Attachments: #1 Text of Proposed Order)(Rosendorf, David) |
| Filing 61 MOTION for Permanent Injunction Plaintiffs Motion for Entry of Judgment of Permanent Injunction and Other Relief Against Defendants MJ Capital Funding, LLC and MJ Taxes and More, Inc. by Securities and Exchange Commission. (Attachments: #1 Consents of Defendants MJ Capital Funding, LLC and MJ Taxes and More Inc., #2 Text of Proposed Order Proposed Judgements as to Defendants MJ Capital Funding, LLC and MJ Taxes and More Inc)(Moot, Stephanie) |
| Filing 60 MOTION to Approve Employment of Auctioneer and Auction Sale of Personal Property (Expedited Relief Requested) by Corali Lopez-Castro. (Attachments: #1 Exhibit A - Pesonal Property, #2 Exhibit B - Auction Proposal)(Rosendorf, David) |
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Filing 59
PAPERLESS ORDER granting #58 Motion for Extension of Time to File Response/Answer to a Complaint or Other Case Initiating Document. Response/Answer due 9/23/2021. Signed by Judge Raag Singhal on 9/17/2021. (eca)
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| Filing 58 Agreed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Corali Lopez-Castro. (Attachments: #1 Text of Proposed Order)(Rosendorf, David) |
| Filing 57 NOTICE of Attorney Appearance by Corali Lopez-Castro on behalf of Corali Lopez-Castro. Attorney Corali Lopez-Castro added to party Corali Lopez-Castro(pty:rc). (Lopez-Castro, Corali) |
| Filing 56 Certificate of Other Affiliates Receiver's Amended Certificate of Interested Parties and Corporate Disclosure Statement by Corali Lopez-Castro identifying Other Affiliate Kapila Mukamal, Other Affiliate Soneet R. Kapila, Other Affiliate HD Investigative Group, LLC, Other Affiliate Mitch Jacobs for Corali Lopez-Castro (Rosendorf, David) |
| Filing 55 Certificate of Other Affiliates Plaintiff's Amended Certificate of Interested Parties and Corporate Disclosure Statement by Securities and Exchange Commission identifying Other Affiliate Glenn S. Gordon, Other Affiliate Raynette R. Nicoleau, Other Affiliate Julia DAntonio, Other Affiliate Eric I. Bustillo, Other Affiliate Chedly C. Dumornay, Other Affiliate Andrew O. Schiff, Other Affiliate Fernando Torres for Securities and Exchange Commission (Moot, Stephanie) |
| Filing 54 Clerks Notice to Filer re #51 Certificate of Other Affiliates/Corporate Disclosure Statement, #52 Certificate of Other Affiliates/Corporate Disclosure Statement, #53 Certificate of Other Affiliates/Corporate Disclosure Statement. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. (mc) |
| Filing 53 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed Certificate of Interested Parties by Corali Lopez-Castro (Rosendorf, David) |
| Filing 52 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed Certificate of Interested Parties by Johanna M. Garcia (Schoeppl, Carl) |
| Filing 51 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed Plaintiff's Certificate of Interested Parties and Corporate Disclosure Statement by Securities and Exchange Commission (Moot, Stephanie) |
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Filing 50
ORDER granting #41 Motion for Turnover of Websites and Social Media and Other Accounts. Signed by Judge Raag Singhal on 9/8/2021. See attached document for full details. (pes)
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Filing 49
ORDER granting #42 Motion for Authorization of Employment of Investigators Retroactive to August 12, 2021. Signed by Judge Raag Singhal on 9/8/2021. See attached document for full details. (pes)
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Filing 48
ORDER granting #43 Motion for Extension of Time to File Response/Answer to a Complaint or Other Case Initiating Document. Answer due 9/16/2021. Signed by Judge Raag Singhal on 9/8/2021. See attached document for full details. (pes)
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Filing 47
ORDER OF PRELIMINARY INJUNCTION AND OTHER RELIEF BY CONSENT AS TO DEFENDANT JOHANNA M. GARCIA granting #40 Motion for Preliminary Injunction. Signed by Judge Raag Singhal on 9/8/2021. See attached document for full details. (pes)
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| Filing 46 Joint SCHEDULING REPORT - Rule 16.1 by Securities and Exchange Commission (Attachments: #1 Text of Proposed Order)(Moot, Stephanie) |
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Filing 45
ORDER Cancelling Zoom Hearing set for Wednesday, September 8, 2021, at 1:30 p.m. Signed by Judge Raag Singhal on 9/8/2021. See attached document for full details. (pes)
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| Filing 44 ANSWER and Affirmative Defenses to Complaint with Jury Demand by Johanna M. Garcia. (Schoeppl, Carl) |
| Filing 43 Agreed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, on Behalf of MJ Capital Funding, LLC and MJ Taxes and More, Inc. by Corali Lopez-Castro. (Attachments: #1 Text of Proposed Order)(Rosendorf, David) |
| Filing 42 MOTION for Authorization of Employment of Investigators, Retroactive to August 12, 2021 by Corali Lopez-Castro. (Attachments: #1 Exhibit A-Agreement, #2 Text of Proposed Order)(Rosendorf, David) |
| Filing 41 MOTION for Turnover of Websites and Social Media and Other Accounts by Corali Lopez-Castro. (Attachments: #1 Text of Proposed Order)(Rosendorf, David) |
| Filing 40 Plaintiff's MOTION for Preliminary Injunction Plaintiff's Motion for Entry of Proposed Consent Order by Securities and Exchange Commission. (Attachments: #1 Exhibit 1 - Consent of Defendant Johanna M. Garcia to Order of Preliminary Injunction and Other Relief, #2 Text of Proposed Order)(Moot, Stephanie) |
| Filing 39 NOTICE of Change of Address, Email or Law Firm Name by Bernice Cindy Lee (Lee, Bernice) |
| Filing 38 NOTICE of Attorney Appearance by Robert J Neary on behalf of Corali Lopez-Castro. Attorney Robert J Neary added to party Corali Lopez-Castro(pty:rc). (Neary, Robert) |
| Filing 37 NOTICE of Attorney Appearance by Bernice Cindy Lee on behalf of Corali Lopez-Castro. Attorney Bernice Cindy Lee added to party Corali Lopez-Castro(pty:rc). (Lee, Bernice) |
| Filing 36 NOTICE of Attorney Appearance by David Lee Rosendorf on behalf of Corali Lopez-Castro. Attorney David Lee Rosendorf added to party Corali Lopez-Castro(pty:rc). (Rosendorf, David) |
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Filing 35
ORDER granting #32 Receivers Motion for Authorization of Employment of Kozyak Tropin & Throckmorton LLP as Counsel Retroactive to August 12, 2021 ; granting #33 Receivers Motion for Authorization of Employment of Soneet R. Kapila and Kapila Mukamal as Forensic Accountants Retroactive to August 12, 2021. Signed by Judge Raag Singhal on 8/25/2021. See attached document for full details. (jao)
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| Filing 34 NOTICE of Attorney Appearance by David Michael Garvin on behalf of Johanna M. Garcia. Attorney David Michael Garvin added to party Johanna M. Garcia(pty:dft). (Garvin, David) |
| Filing 33 MOTION for Authorization of Employment of Soneet R. Kapila and KapilaMukamal as Forensic Accountants, Retroactive to August 12, 2021 re #17 Order on Motion to Appoint Receiver by Corali Lopez-Castro. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Widlanski, Benjamin) |
| Filing 32 MOTION for Authorization of Employment of Kozyak Tropin & Throckmorton, LLP as Counsel, Retroactive to August 12, 2021 re #17 Order on Motion to Appoint Receiver by Corali Lopez-Castro. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Widlanski, Benjamin) |
| Filing 31 STATUS REPORT by Securities and Exchange Commission (Moot, Stephanie) |
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Filing 30
ORDER SETTING ZOOM HEARING AND INSTRUCTIONS: Motion Hearing set for 9/8/2021 01:30 PM before Judge Raag Singhal. Signed by Judge Raag Singhal on 5/23/2021. See attached document for full details. (jao)
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| Filing 29 AFFIDAVIT Defendant Johanna Garcia's First Amended Sworn Accounting signed by: Johanna M. Garcia re #16 Order on Motion for Temporary Restraining Order, by Johanna M. Garcia (Schoeppl, Carl) |
| Filing 28 NOTICE of Attorney Appearance by Carl Francis Schoeppl, Jr on behalf of Johanna M. Garcia. Attorney Carl Francis Schoeppl, Jr added to party Johanna M. Garcia(pty:dft). (Schoeppl, Carl) |
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Filing 27
ORDER granting #25 Agreed Motion to Extend Temporary Restraining Order and Asset Freeze Over Defendants, and to Continue Show Cause Hearing. Show Cause Hearing set for 9/8/2021 at 01:30 PM in Fort Lauderdale Division via Zoom before Judge Raag Singhal. Signed by Judge Raag Singhal on 8/19/2021. See attached document for full details. (pb00)
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| Filing 26 NOTICE of Attorney Appearance by Benjamin Jacobs Widlanski on behalf of Corali Lopez-Castro. Attorney Benjamin Jacobs Widlanski added to party Corali Lopez-Castro(pty:rc). (Widlanski, Benjamin) |
| Filing 25 Agreed MOTION to Continue Agreed Motion to Extend Temporary Restraining Order and Asset Freeze Over Defendants, and to Continue Show Cause Hearing re #16 Order on Motion for Temporary Restraining Order, by Securities and Exchange Commission. Responses due by 9/2/2021 (Attachments: #1 Text of Proposed Order)(Moot, Stephanie) |
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Filing 24
ORDER SETTING ZOOM HEARING AND INSTRUCTIONS: Zoom Hearing set for 8/25/2021 10:00 AM before Judge Raag Singhal. Signed by Judge Raag Singhal on 8/18/2021. See attached document for full details. (jao)
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| Filing 23 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Securities and Exchange Commission. MJ Taxes and More, Inc., served on 8/13/2021, answer due 9/3/2021. (Moot, Stephanie) |
| Filing 22 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Securities and Exchange Commission. MJ Capital Funding, LLC served on 8/12/2021, answer due 9/2/2021. (Moot, Stephanie) |
| Filing 21 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Securities and Exchange Commission. Johanna M. Garcia served on 8/12/2021, answer due 9/2/2021. (Moot, Stephanie) |
| Filing 20 CLERK'S NOTICE of Compliance by Unsealing all docket entries in this case pursuant to #19 Order (nc) |
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Filing 19
ORDER Granting #18 Motion to Lift Seal and for The Court to Instruct The Clerk of Court to Place All Previously Filed Pleadings, Exhibits, and Orders on The Public Docket. The Clerk of Court is DIRECTED to UNSEAL all docket entries in this case and return those portions of the Court file to the public records. Signed by Judge Raag Singhal on 8/13/2021. See attached document for full details. (nc)
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| Filing 18 MOTION to Lift Seal and for The Court to Instruct The Clerk of Court to Place All Previously Filed Pleadings, Exhibits, and Orders on The Public Docket by Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order)(nc) |
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Filing 17
ORDER Granting #7 Emergency Ex Parte Motion and Memorandum of Law for Appointment Receiver. Corali Lopez-Castro appointed. Signed by Judge Raag Singhal on 8/11/2021. See attached document for full details. (nc)
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Filing 16
ORDER Granting #5 Emergency Ex Parte Motion for Temporary Restraining Order and Other Relief and Supporting Memorandum of Law. Show Cause Hearing via Zoom Video Conference set for Wednesday, 8/25/2021 10:00 AM in Fort Lauderdale Division before Judge Raag Singhal. Signed by Judge Raag Singhal on 8/11/2021. See attached document for full details. (nc)
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| Filing 15 Minute Entry for proceedings held before Judge Raag Singhal: Ex Parte Evidentiary Hearing via Zoom on #5 Plaintiff's Emergency Ex Parte Motion for Temporary Restraining Order and Other Relief and Supporting Memorandum of Law, and #7 Appointment of Receiver held on 8/11/2021. Court Reporter: Karl Shires, 954-769-5496 / Karl_Shires@flsd.uscourts.gov. (nc) |
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Filing 14
Order Setting Zoom Hearing for Wednesday, August 11, 2021 10:30 AM in Fort Lauderdale Division before Judge Raag Singhal. Signed by Judge Raag Singhal on 8/11/2021. See attached document for full details. (nc)
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Filing 13
Order Requiring Scheduling Report and Certificate of Interested Parties Signed by Judge Raag Singhal on 8/10/2021. See attached document for full details. (nc)
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Filing 12
ORDER Granting #4 Motion for Leave to File Excess Pages of 20-Page Limit It's Emergency Ex Parte Motion for A Temporary Restraining Order, Asset Freeze, and Other Relief and Supporting Memorandum Law. Signed by Judge Raag Singhal on 8/10/2021. See attached document for full details. (nc)
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Filing 11
ORDER Granting #3 Motion to to Temporarily Seal Case In Its Entirety. Signed by Judge Raag Singhal on 8/10/2021. See attached document for full details. (nc)
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| Filing 10 Summons Issued as to Johanna M. Garcia, MJ Capital Funding, LLC, MJ Taxes and More, Inc.,. (nc) |
| Filing 9 Notice of Pending, Refiled, Related or Similar Actions by Securities and Exchange Commission (nc) |
| Filing 8 CERTIFICATE Pursuant to Rule 65(b) of The Federal Rules of Civil Procedure by Securities and Exchange Commission (nc) |
| Filing 7 EMERGENCY EX PARTE MOTION and Memorandum of Law for Appointment Receiver by Securities and Exchange Commission. Responses due by 8/23/2021 (Attachments: #1 Text of Proposed Order)(nc) |
| Filing 6 NOTICE OF COURT PRACTICEUnless otherwise specified by the Court, every motion, legal memorandum, brief, and otherwise shall: be double-spaced, in justified alignment, in 12-point font, using either Times New Roman or Arial typeface. This Notice does not supplant the requirements and provisions of Local Rule 7.1(c). The Court cautions parties against excessive use of footnotes.Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions.Parties are encouraged to seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing; no motion is, unless expressly provided for by the applicable rule. Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted).Local Rule 16.4, Local Rules for the United States District Court for the Southern District of Florida, requires that a Notice of Settlement "shall be filed and served jointly by counsel for all parties to the settlement." A unilateral notice of settlement will not stay pre-trial deadlines or hearings.Failure to comply with any of these procedures may result in the imposition of appropriate sanctions. Signed by Judge Raag Singhal on 8/9/2021. (eca) |
| Filing 5 EMERGENCY EX PARTE MOTION for Temporary Restraining Order and Other Relief and Supporting Memorandum of Law by Securities and Exchange Commission. Responses due by 8/23/2021 (Attachments: #1 Text of Proposed Order, #2 Exhibit List, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 13 cont'd, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, #20 Exhibit 17, #21 Exhibit 18, #22 Exhibit 19, #23 Exhibit 20, #24 Exhibit 21, #25 Exhibit 22, #26 Exhibit 23, #27 Exhibit 24, #28 Exhibit 25, #29 Exhibit 26) (nc). |
| Filing 4 MOTION for Leave to File Excess Pages of 20-Page Limit It's Emergency Ex Parte Motion for A Temporary Restraining Order, Asset Freeze, and Other Relief and Supporting Memorandum Law by Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order)(nc) |
| Filing 3 MOTION to Temporarily Seal Case In Its Entirety by Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order)(nc) |
| Filing 2 Judge Assignment to Judge Raag Singhal and Magistrate Judge Alicia O. Valle (nc) |
| Filing 1 COMPLAINT for Injunctive and Other Relief and Demand for Jury Trial against Johanna M. Garcia, MJ Capital Funding, LLC, MJ Taxes and More, Inc.,. Filing fees $ 402.00. USA Filer - No Filing Fee Required, filed by Securities and Exchange Commission. (Attachments: #1 Civil Cover Sheet)(nc) |
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