Appleby et al v. Knauf Gips KG et al
| Veronica Appleby, Priscilla Brown, Julian Brown, Peter C Deaton, Jermaine V Ellis, Monique Ellis, EQWETRUST LLC, Heston Samuel, Neville A Kelly, Valentin Mansurov, Nelinda Martinez, Messina R Mohammed, Farouk Mohammed, Jeffrey Robbins, Rafaela C Wagner, Andrew K Wagner, Dueane Warren, Stacey Warren, Cintia M Igarzabal, Trevorlyn Fay McElroy and Patrisha Samantha Samaroo |
| Knauf Gips KG, Knauf Plasterboard (Tianjin) Co LTD and Knauf New Building System (Tianjin) Co. Ltd |
| 0:2022cv61411 |
| July 29, 2022 |
| US District Court for the Southern District of Florida |
| Rodolfo A Ruiz |
| Raag Singhal |
| Prop. Damage Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 5, 2023. A more recent docket listing may be available from PACER.
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Filing 43
REPLY to Response to Motion re #40 MOTION TO DISMISS #1 Complaint,, FOR FAILURE TO STATE A CLAIM filed by Knauf Gips KG, Knauf New Building System (Tianjin) Co. Ltd. (Kolaya, Timothy)
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Filing 42
RESPONSE in Opposition re #40 MOTION TO DISMISS #1 Complaint,, FOR FAILURE TO STATE A CLAIM filed by Veronica Appleby, Julian Brown, Priscilla Brown, Peter C Deaton, EQWETRUST LLC, Jermaine V Ellis, Monique Ellis, Cintia M Igarzabal, Neville A Kelly, Valentin Mansurov, Nelinda Martinez, Trevorlyn Fay McElroy, Farouk Mohammed, Messina R Mohammed, Jeffrey Robbins, Patrisha Samantha Samaroo, Heston Samuel, Andrew K Wagner, Rafaela C Wagner, Dueane Warren, Stacey Warren. Attorney James V. Doyle added to party Julian Brown(pty:pla), Attorney James V. Doyle added to party Priscilla Brown(pty:pla), Attorney James V. Doyle added to party Peter C Deaton(pty:pla), Attorney James V. Doyle added to party EQWETRUST LLC(pty:pla), Attorney James V. Doyle added to party Jermaine V Ellis(pty:pla), Attorney James V. Doyle added to party Monique Ellis(pty:pla), Attorney James V. Doyle added to party Cintia M Igarzabal(pty:pla), Attorney James V. Doyle added to party Neville A Kelly(pty:pla), Attorney James V. Doyle added to party Valentin Mansurov(pty:pla), Attorney James V. Doyle added to party Nelinda Martinez(pty:pla), Attorney James V. Doyle added to party Trevorlyn Fay McElroy(pty:pla), Attorney James V. Doyle added to party Farouk Mohammed(pty:pla), Attorney James V. Doyle added to party Messina R Mohammed(pty:pla), Attorney James V. Doyle added to party Jeffrey Robbins(pty:pla), Attorney James V. Doyle added to party Patrisha Samantha Samaroo(pty:pla), Attorney James V. Doyle added to party Heston Samuel(pty:pla), Attorney James V. Doyle added to party Andrew K Wagner(pty:pla), Attorney James V. Doyle added to party Rafaela C Wagner(pty:pla), Attorney James V. Doyle added to party Dueane Warren(pty:pla), Attorney James V. Doyle added to party Stacey Warren(pty:pla). Replies due by 9/14/2022. (Doyle, James)
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Filing 41
ORDER GRANTING IN PART DEFENDANTS' UNOPPOSED MOTION FOR LEAVE TO FILE EARLY MOTION FOR SUMMARY JUDGMENT, STAY OF DISCOVERY, AND EXTENSION OF TIME: ORDER Denying #39 Motion for Leave to File ; Staying #39 Motion to Stay; Granting #39 Motion for Extension of Time. Signed by Judge Rodolfo A. Ruiz, II on 8/24/2022. See attached document for full details. (nan)
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Filing 40
MOTION TO DISMISS #1 Complaint,, FOR FAILURE TO STATE A CLAIM by Knauf Gips KG, Knauf New Building System (Tianjin) Co. Ltd. Responses due by 9/6/2022 (Kolaya, Timothy)
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Filing 39
Unopposed MOTION for Leave to File Early Motion for Summary Judgment, MOTION to Stay Discovery Pending Resolution of Anticipated Summary Judgment Motion, MOTION for Extension of Time to File Joint Scheduling Report ( Responses due by 9/6/2022) by Knauf Gips KG, Knauf New Building System (Tianjin) Co. Ltd. (Attachments: #1 Exhibit 1 - Proposed Order)(Kolaya, Timothy)
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Filing 38
Certificate of Other Affiliates by Veronica Appleby (Doyle, James)
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Filing 37
PAPERLESS ORDER granting #33 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Rebekka C. Veith. The Clerk is directed to provide Notices of Electronic Filing to Ms. Veith at email address rveith@fishmanhaygood.com. Signed by Judge Rodolfo A. Ruiz, II on 8/11/2022. (rm02)
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Filing 36
PAPERLESS ORDER granting #32 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Kerry J. Miller. The Clerk is directed to provide Notices of Electronic Filing to Mr. Miller at email address kmiller@fishmanhaygood.com. Signed by Judge Rodolfo A. Ruiz, II on 8/11/2022. (rm02)
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Filing 35
PAPERLESS ORDER granting #31 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Daniel J. Dysart. The Clerk is directed to provide Notices of Electronic Filing to Mr. Dysart at email address ddysart@fishmanhaygood.com. Signed by Judge Rodolfo A. Ruiz, II on 8/11/2022. (rm02)
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Filing 34
PAPERLESS ORDER granting #30 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Michael R. Dodson. The Clerk is directed to provide Notices of Electronic Filing to Mr. Dodson at email address mdodson@fishmanhaygood.com. Signed by Judge Rodolfo A. Ruiz, II on 8/11/2022. (rm02)
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Filing 33
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Rebekka C. Veith. Filing Fee $ 200.00 Receipt # AFLSDC-15861055 by Knauf Gips KG, Knauf New Building System (Tianjin) Co. Ltd. Responses due by 8/24/2022 (Attachments: #1 Certification, #2 Text of Proposed Order)(Kolaya, Timothy)
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Filing 32
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Kerry J. Miller. Filing Fee $ 200.00 Receipt # AFLSDC-15861031 by Knauf Gips KG, Knauf New Building System (Tianjin) Co. Ltd. Responses due by 8/24/2022 (Attachments: #1 Certification, #2 Text of Proposed Order)(Kolaya, Timothy)
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Filing 31
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Daniel J. Dysart. Filing Fee $ 200.00 Receipt # AFLSDC-15860997 by Knauf Gips KG, Knauf New Building System (Tianjin) Co. Ltd. Responses due by 8/24/2022 (Attachments: #1 Certification, #2 Text of Proposed Order)(Kolaya, Timothy)
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Filing 30
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Michael R. Dodson. Filing Fee $ 200.00 Receipt # AFLSDC-15860938 by Knauf Gips KG, Knauf New Building System (Tianjin) Co. Ltd. Responses due by 8/24/2022 (Attachments: #1 Certification, #2 Text of Proposed Order)(Kolaya, Timothy)
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Filing 29
ORDER GRANTING #28 Defendants' Unopposed Motion to Waive Or Modify Prohibition Against the Filing of More Than ThreeMotions To Appear Pro Hac Vice Within A 365-Day Period. Signed by Judge Rodolfo A. Ruiz, II on 8/9/2022. See attached document for full details. (nan)
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Filing 28
Unopposed MOTION to Waive or Modify Prohibition Against the Filing of More Than Three Motions to Appear Pro Hac Vice Within a 365-Day Period by Knauf Gips KG, Knauf New Building System (Tianjin) Co. Ltd. (Attachments: #1 Text of Proposed Order)(Kolaya, Timothy)
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Filing 27
Certificate of Other Affiliates/Corporate Disclosure Statement by Knauf Gips KG, Knauf New Building System (Tianjin) Co. Ltd identifying Corporate Parent Knauf Singarporte Pte Ltd. for Knauf New Building System (Tianjin) Co. Ltd; Corporate Parent Gebr. Knauf KG, Corporate Parent Isogranulat GmbH for Knauf Gips KG (Kolaya, Timothy)
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Filing 26
Order Requiring Joint Scheduling Report and Certificates of Interested Parties Joint Scheduling Report due by 8/23/2022. Certificates of Interested Parties and Corporate Disclosure Statements due by 8/23/2022. Signed by Judge Rodolfo A. Ruiz, II on 8/2/2022. See attached document for full details. (nan)
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Reset Response/Answer Due Deadline per Order DE#25: All Defendants. (drz)
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Filing 25
PAPERLESS ORDER granting #24 Motion for Extension of Time. Defendants shall file a response or answer to #1 Complaint on or before August 23, 2022. Signed by Judge Rodolfo A. Ruiz, II on 8/2/2022. (rm02)
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Filing 24
MOTION for Extension of Time to File Response to Complaint re #1 Complaint,, by Knauf Gips KG, Knauf New Building System (Tianjin) Co. Ltd. Attorney Timothy Andrew Kolaya added to party Knauf New Building System (Tianjin) Co. Ltd(pty:dft). Responses due by 8/16/2022 (Attachments: #1 Exhibit 1 - Conditional Remand Order, #2 Exhibit 2 - Proposed Order)(Kolaya, Timothy)
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Filing 23
Clerk's Notice of Docket Correction re 22 Clerk's Notice of Judge Assignment. Incorrect District Judge Assigned to case - Judge Raag Singhal no longer assigned; Corrected by the Clerk. This case has been reassigned to Judge Rodolfo A. Ruiz, II for all further proceedings. (jc)
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Filing 22
Clerks Notice of Judge Assignment to Judge Raag Singhal. Judge Rodolfo A. Ruiz, II no longer assigned to case. (jua) Modified text on 8/2/2022 - see DE 23 Clerk's Notice (jc).
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Filing 21
Bar Letter re: Admissions sent to attorney James Victor Doyle, Jr., mailing date July 29, 2022, (pt)
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Filing 20
CORRECTED Clerks Notice of Judge Assignment to Judge Rodolfo A. Ruiz, II. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jared M. Strauss 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. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (jua) (See DE 23 Clerk's Notice). Modified on 8/2/2022 (jc).
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Filing 19
Case transferred in from Louisiana Eastern; Case Number 2:21-cv-02034. Electronic file including transfer order and docket sheet received. .(jua).
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Filing 18
REMAND ORDER: action is remanded back to the Southern District of Florida by MDL Panel. (Attachments: #1 Suggestion of Remand)(my)(NEF:MDL Panel)
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Filing 17
Case transferred in from District of Florida Southern; Case Number 0:21-cv-60948. Electronic file certified copy of transfer order and docket sheet received (jls)
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Filing 16
CONDITIONAL TRANSFER ORDER (CTO-40) transferring case to the Eastern District of Louisiana re: MDL 2047 for consolidated pretrial proceedings pursuant to 28 USC 1407 and assigned to the Honorable Eldon E. Fallon. (Signed by John W. Nichols, Clerk of the Panel). (pes) [Transferred from flsd on 11/10/2021.]
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Filing 15
NOTICE by Knauf Gips KG, Knauf Plasterboard Tianjin Co., LTD. of Finalized Conditional Transfer Order (Attachments: #1 Exhibit 1 - Conditional Transfer Order, #2 Exhibit 2 - Conditional Transfer Order (Finalized)) (Kolaya, Timothy) [Transferred from flsd on 11/10/2021.]
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Filing 14
Courtesy Copy of CONDITIONAL TRANSFER ORDER (CTO-40) transferring case to the Eastern District of Louisiana re: MDL 2047 for consolidated pretrial proceedings pursuant to 28 USC 1407 and assigned to the Honorable Eldon E. Fallon. (Signed by John W. Nichols, Clerk of the Panel). (Awaiting certified copy from the transferee court). (mc) [Transferred from flsd on 11/10/2021.]
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Filing 13
NOTICE by Knauf Gips KG, Knauf Plasterboard Tianjin Co., LTD. of Filing with the Judicial Panel on Multidistrict Litigation. Attorney Timothy Andrew Kolaya added to party Knauf Gips KG(pty:dft), Attorney Timothy Andrew Kolaya added to party Knauf Plasterboard Tianjin Co., LTD.(pty:dft). (Attachments: #1 Exhibit 1 - Notice of Potential Tag-Along Actions Filed Before the Judicial Panel on Multidistrict Litigation) (Kolaya, Timothy) [Transferred from flsd on 11/10/2021.]
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Filing 12
SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Veronica Appleby. Knauf Plasterboard Tianjin Co., LTD. served on 10/20/2021, response/answer due 11/10/2021. (Doyle, James) [Transferred from flsd on 11/10/2021.]
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Filing 11
SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Veronica Appleby. Knauf Gips KG served on 10/20/2021, response/answer due 11/10/2021. (Doyle, James) [Transferred from flsd on 11/10/2021.]
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Filing 10
PAPERLESS ORDER Granting Plaintiffs' Motion for Alternative Method of Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3). Federal Rule of Civil Procedure 4(f)(3) allows a district court to order an alternate method of service to be effectuated upon foreign defendants, provided that it is not prohibited by international agreement and is reasonably calculated to give notice to the defendants. See Fed. R. Civ. P. 4(f)(3); see also Brookshire Bros., Ltd. v. Chiquita Brands Intl, Inc., Ltd., No. 05-CIV-21962, 2007 WL 1577771, at *2 (S.D. Fla. May 31, 2007) (citing Prewitt Enters., Inc. v. Org. of Petroleum Exporting Countries, 353 F.3d 916, 921, 927 (11th Cir. 2003)) ("[D]istrict courts have broad discretion under Rule 4(f)(3) to authorize other methods of service that are consistent with due process and are not prohibited by international agreements."). The Court has reviewed the Plaintiffs' Motion and is otherwise fully advised; accordingly, the Motion is GRANTED. Service of process on the Knauf Defendants may be accomplished via electronic means directly on Knauf's North American lawyers, pursuant to Fed. R. Civ. P. 4(f)(3). Signed by Judge Rodolfo A. Ruiz, II on 10/20/2021. (jb) [Transferred from flsd on 11/10/2021.]
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Filing 9
MOTION Alternative Method of Service of Process Pursuant to Fed.R.Civ.P. 4(f)(3) by Veronica Appleby, Julian Brown, Priscilla Brown, Igarzabal M Cintia, Peter C Deaton, EQWETRUST LLC, Jermaine V Ellis, Monique Ellis, H.H. Samuel Properties, LLC, Neville A Kelly, Valentin Mansurov, Nelinda Martinez, Trevorlyn F McElroy, Farouk Mohammed, Messina R Mohammed, Jeffrey Robbins, Patricia S Samaroo, Heston Samuel, Andrew K Wagner, Rafaela C Wagner, Dueane Warren, Stacey Warren. (Attachments: #1 Memorandum, #2 Exhibit, #3 Exhibit, #4 Text of Proposed Order)(Doyle, James) [Transferred from flsd on 11/10/2021.]
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Filing 8
ORDER ADMINISTRATIVELY CLOSING CASE FOR STATISTICAL PURPOSES AND PLACING MATTER IN CIVIL SUSPENSE FILE. Signed by Judge Rodolfo A. Ruiz, II on 8/6/2021. See attached document for full details. (co) [Transferred from flsd on 11/10/2021.]
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Filing 7
STATUS REPORT Addressing Service of Foreign Defendants by Veronica Appleby, Julian Brown, Priscilla Brown, Igarzabal M Cintia, Peter C Deaton, EQWETRUST LLC, Jermaine V Ellis, Monique Ellis, H.H. Samuel Properties, LLC, Neville A Kelly, Valentin Mansurov, Nelinda Martinez, Trevorlyn F McElroy, Farouk Mohammed, Messina R Mohammed, Jeffrey Robbins, Patricia S Samaroo, Heston Samuel, Andrew K Wagner, Rafaela C Wagner, Dueane Warren, Stacey Warren (Doyle, James) [Transferred from flsd on 11/10/2021.]
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Filing 6
PAPERLESS ORDER requiring Status Report. By 6:00 P.M. tomorrow, August 5, 2021, Plaintiffs shall file a status report indicating how much time Plaintiffs will require to effectuate service on the foreign defendants named in this matter. Signed by Judge Rodolfo A. Ruiz, II on 8/4/2021. (co) [Transferred from flsd on 11/10/2021.]
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Filing 5
Plaintiff's RESPONSE to #4 Order to Show Cause by Veronica Appleby, Julian Brown, Priscilla Brown, Igarzabal M Cintia, Peter C Deaton, EQWETRUST LLC, Jermaine V Ellis, Monique Ellis, H.H. Samuel Properties, LLC, Neville A Kelly, Valentin Mansurov, Nelinda Martinez, Trevorlyn F McElroy, Farouk Mohammed, Messina R Mohammed, Jeffrey Robbins, Patricia S Samaroo, Heston Samuel, Andrew K Wagner, Rafaela C Wagner, Dueane Warren, Stacey Warren. (Doyle, James) [Transferred from flsd on 11/10/2021.]
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Filing 4
ORDER TO PERFECT SERVICE. Signed by Judge Rodolfo A. Ruiz, II on 6/9/2021. See attached document for full details. (co) [Transferred from flsd on 11/10/2021.]
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Filing 3
Summons Issued as to Knauf Gips KG, Knauf Plasterboard Tianjin Co., LTD.. (pcs) [Transferred from flsd on 11/10/2021.]
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Filing 2
Clerks Notice of Judge Assignment to Judge Rodolfo A. Ruiz, II. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jared M. Strauss 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. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (pcs) [Transferred from flsd on 11/10/2021.]
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Filing 1
COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-14657535, filed by Neville A Kelly, Dueane Warren, EQWETRUST LLC, Jeffrey Robbins, Priscilla Brown, Stacey Warren, Veronica Appleby, Patricia S Samaroo, Farouk Mohammed, Nelinda Martinez, Monique Ellis, Julian Brown, H.H. Samuel Properties, LLC, Valentin Mansurov, Andrew K Wagner, Trevorlyn F McElroy, Messina R Mohammed, Heston Samuel, Peter C Deaton, Rafaela C Wagner, Igarzabal M Cintia, Jermaine V Ellis. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s))(Doyle, James) [Transferred from flsd on 11/10/2021.]
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