Lee v. Guayara et al
| Bernice C Lee and Bernice Lee |
| Bryant Guayara, DaVibezCreations LLC, M5 Store LLC, Zio Marco Transportation LLC, Zio Marco Services LLC, Marco Rosas, DTH General Services LLC, DTH Production LLC, Bay Bays General Services LLC, DTH Transport LLC, Jose Cristobal Mendez, Arcemi Business Consult, LLC, Azevedo Partners-Diesel Tax Refunds Inc., Leonardo Azevedo, JAH Works LLC, CMJ 2 LLC, Carlos Rivillas, Blue Palm Cap Corp., Christian Cuesta, Gilberto's Paradise LLC, Mario Morales and Joel Castellanos |
| 0:2023cv62362 |
| December 15, 2023 |
| US District Court for the Southern District of Florida |
| Raag Singhal |
| Other Statutory Actions |
| 28 U.S.C. § 0754 Receiver of Property in Different Districts |
| None |
Docket Report
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| Document Text |
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| Filing 76 NOTICE of Attorney Appearance by David Joseph Braun on behalf of M5 Store LLC. Attorney David Joseph Braun added to party M5 Store LLC(pty:dft). (Braun, David) |
| Filing 75 NOTICE of Attorney Appearance by David Joseph Braun on behalf of Zio Marco Transportation LLC. Attorney David Joseph Braun added to party Zio Marco Transportation LLC(pty:dft). (Braun, David) |
| Filing 74 NOTICE of Attorney Appearance by David Joseph Braun on behalf of Zio Marco Services LLC. Attorney David Joseph Braun added to party Zio Marco Services LLC(pty:dft). (Braun, David) |
| Filing 73 NOTICE of Attorney Appearance by David Joseph Braun on behalf of Marco Rosas. Attorney David Joseph Braun added to party Marco Rosas(pty:dft). (Braun, David) |
| Filing 72 Clerk's Entry of Default as to Joel Castellanos - Motions Terminated: #57 Motion for Clerks Entry of Default Signed by DEPUTY CLERK on 1/25/2024. (ebz) |
| Filing 71 Clerk's Entry of Default as to DTH General Services LLC - Motions Terminated: #62 Motion for Clerks Entry of Default Signed by DEPUTY CLERK on 1/25/2024. (ebz) |
| Filing 70 Clerk's Entry of Default as to DTH Production LLC - Motions Terminated: #61 Motion for Clerks Entry of Default Signed by DEPUTY CLERK on 1/25/2024. (ebz) |
| Filing 69 Clerk's Entry of Default as to DTH Transport LLC - Motions Terminated: #60 Motion for Clerks Entry of Default Signed by DEPUTY CLERK on 1/25/2024. (ebz) |
| Filing 68 Clerk's Entry of Default as to Bay Bays General Services LLC - Motions Terminated: #59 Motion for Clerks Entry of Default Signed by DEPUTY CLERK on 1/25/2024. (ebz) |
| Filing 67 Clerk's Entry of Default as to Jose Cristobal Mendez - Motions Terminated: #58 Motion for Clerks Entry of Default Signed by DEPUTY CLERK on 1/25/2024. (ebz) |
| Filing 66 Clerk's Entry of Default as to Christian Cuesta - Motions Terminated: #57 Motion for Clerks Entry of Default Signed by DEPUTY CLERK on 1/25/2024. (ebz) |
| Filing 65 Clerk's Entry of Default as to Christian Cuesta - Motions Terminated: #56 Motion for Clerks Entry of Default Signed by DEPUTY CLERK on 1/25/2024. (ebz) |
| Filing 64 Clerk's Entry of Default as to Gilberto's Paradise LLC - Motions Terminated: #55 Motion for Clerks Entry of Default Signed by DEPUTY CLERK on 1/25/2024. (ebz) |
| Filing 63 Clerk's Entry of Default as to Mario Morales - Motions Terminated: #54 Motion for Clerks Entry of Default Signed by DEPUTY CLERK on 1/25/2024. (ebz) |
| Filing 62 MOTION for Clerk's Entry of Default as to DTH General Services LLC by Bernice Lee. (Attachments: #1 Exhibit A - Return of Service, #2 Exhibit B - Proposed Default)(Rosendorf, David) |
| Filing 61 MOTION for Clerk's Entry of Default as to DTH Production LLC by Bernice Lee. (Attachments: #1 Exhibit A - Return of Service, #2 Exhibit B - Proposed Default)(Rosendorf, David) |
| Filing 60 MOTION for Clerk's Entry of Default as to DTH Transport LLC by Bernice Lee. (Attachments: #1 Exhibit A - Return of Service, #2 Exhibit B - Proposed Default)(Rosendorf, David) |
| Filing 59 MOTION for Clerk's Entry of Default as to Bay Bays General Services LLC by Bernice Lee. (Attachments: #1 Exhibit A - Return of Service, #2 Exhibit B - Proposed Default)(Rosendorf, David) |
| Filing 58 MOTION for Clerk's Entry of Default as to Jose Cristobal Mendez by Bernice Lee. (Attachments: #1 Exhibit A - Return of Service, #2 Exhibit B - Proposed Default)(Rosendorf, David) |
| Filing 57 MOTION for Clerk's Entry of Default as to Joel Castellanos by Bernice Lee. (Attachments: #1 Exhibit A - Return of Service, #2 Exhibit B - Proposed Default)(Rosendorf, David) Modified on 1/25/2024 (ebz). |
| Filing 56 MOTION for Clerk's Entry of Default as to Christian Cuesta by Bernice Lee. (Attachments: #1 Exhibit A - Return of Service, #2 Exhibit B - Proposed Default)(Rosendorf, David) |
| Filing 55 MOTION for Clerk's Entry of Default as to Gilberto's Paradise LLC by Bernice Lee. (Attachments: #1 Exhibit A - Return of Service, #2 Exhibit B - Proposed Default)(Rosendorf, David) |
| Filing 54 MOTION for Clerk's Entry of Default as to Mario Morales by Bernice Lee. (Attachments: #1 Exhibit A - Return of Service, #2 Exhibit B - Proposed Default)(Rosendorf, David) |
Filing 53
PAPERLESS ORDER granting #52 Motion for Extension of Time to File Response/Answer to a Complaint or Other Case Initiating Document by Arcemi Business Consult, LLC; Leonardo Azevedo; and Azevedo Partners-Diesel Tax Refunds Inc. Response/Answer due 2/29/2024. Signed by Judge Raag Singhal on 1/24/2024. (pb00)
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| Filing 52 Agreed MOTION for Extension of Time to File Response/Reply/Answer by Arcemi Business Consult, LLC, Leonardo Azevedo, Azevedo Partners-Diesel Tax Refunds Inc.. (Chane, Jonathan) |
| Filing 46 Clerk's Entry of Default as to CMJ 2 LLC - Motions Terminated: #39 Motion for Clerks Entry of Default Signed by DEPUTY CLERK on 1/19/2024. (ebz) |
| Filing 51 Clerk's Entry of Default as to Zio Marco Transportation LLC - Motions Terminated: #44 Motion for Clerks Entry of Default Signed by DEPUTY CLERK on 1/19/2024. (ebz) |
| Filing 50 Clerk's Entry of Default as to Zio Marco Services LLC - Motions Terminated: #43 Motion for Clerks Entry of Default Signed by DEPUTY CLERK on 1/19/2024. (ebz) |
| Filing 49 Clerk's Entry of Default as to M5 Store LLC - Motions Terminated: #42 Motion for Clerks Entry of Default Signed by DEPUTY CLERK on 1/19/2024. (ebz) |
| Filing 48 Clerk's Entry of Default as to Marco Rosas - Motions Terminated: #41 Motion for Clerks Entry of Default Signed by DEPUTY CLERK on 1/19/2024. (ebz) |
| Filing 47 Clerk's Entry of Default as to JAH Works LLC - Motions Terminated: #40 Motion for Clerks Entry of Default Signed by DEPUTY CLERK on 1/19/2024. (ebz) |
| Filing 45 Clerk's Entry of Default as to Carlos Rivillas - Motions Terminated: #38 Motion for Clerks Entry of Default Signed by DEPUTY CLERK on 1/19/2024. (ebz) |
| Filing 44 MOTION for Clerk's Entry of Default as to Zio Marco Transportation LLC by Bernice Lee. (Attachments: #1 Exhibit A - Return of Service, #2 Exhibit B - Proposed Default)(Rosendorf, David) |
| Filing 43 MOTION for Clerk's Entry of Default as to Zio Marco Services LLC by Bernice Lee. (Attachments: #1 Exhibit A - Return of Service, #2 Exhibit B - Proposed Default)(Rosendorf, David) |
| Filing 42 MOTION for Clerk's Entry of Default as to M5 Store LLC by Bernice Lee. (Attachments: #1 Exhibit A - Return of Service, #2 Exhibit B - Proposed Default)(Rosendorf, David) |
| Filing 41 MOTION for Clerk's Entry of Default as to Marco Rosas by Bernice Lee. (Attachments: #1 Exhibit A - Return of Service, #2 Exhibit B - Proposed Default)(Rosendorf, David) |
| Filing 40 MOTION for Clerk's Entry of Default as to JAH Works LLC by Bernice Lee. (Attachments: #1 Exhibit A - Return of Service, #2 B - Proposed Default)(Rosendorf, David) |
| Filing 39 MOTION for Clerk's Entry of Default as to CMJ 2 LLC by Bernice Lee. (Attachments: #1 Exhibit A - Return of Service, #2 Exhibit B - Proposed Default)(Rosendorf, David) |
| Filing 38 MOTION for Clerk's Entry of Default as to Carlos Rivillas by Bernice Lee. (Attachments: #1 Exhibit A - Return of Service, #2 Exhibit B - Proposed Default)(Rosendorf, David) |
| Filing 37 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Bernice Lee. Gilberto's Paradise LLC served on 12/23/2023, response/answer due 1/16/2024. (Rosendorf, David) |
| Filing 36 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Bernice Lee. Mario Morales served on 12/23/2023, response/answer due 1/16/2024. (Rosendorf, David) |
| Filing 35 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Bernice Lee. M5 Store LLC served on 12/23/2023, response/answer due 1/16/2024. (Rosendorf, David) |
| Filing 34 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Bernice Lee. Zio Marco Transportation LLC served on 12/23/2023, response/answer due 1/16/2024. (Rosendorf, David) |
| Filing 33 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Bernice Lee. Zio Marco Services LLC served on 12/23/2023, response/answer due 1/16/2024. (Rosendorf, David) |
| Filing 32 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Bernice Lee. Marco Rosas served on 12/23/2023, response/answer due 1/16/2024. (Rosendorf, David) |
| Filing 31 Clerk's Entry of Default as to Blue Palm Cap Corp. - Motions Terminated: #30 Motion for Clerks Entry of Default Signed by DEPUTY CLERK on 1/16/2024. (ebz) |
| Filing 30 MOTION for Clerk's Entry of Default as to Blue Palm Cap Corp. by Bernice Lee. (Attachments: #1 Exhibit A - Return of Service, #2 Exhibit B - Proposed Default)(Rosendorf, David) |
| Filing 29 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Bernice Lee. Bay Bays General Services LLC served on 12/27/2023, response/answer due 1/17/2024. (Rosendorf, David) |
| Filing 28 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Bernice Lee. DTH Production LLC served on 12/27/2023, response/answer due 1/17/2024. (Rosendorf, David) |
| Filing 27 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Bernice Lee. DTH General Services LLC served on 12/27/2023, response/answer due 1/17/2024. (Rosendorf, David) |
| Filing 26 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Bernice Lee. DTH Transport LLC served on 12/27/2023, response/answer due 1/17/2024. (Rosendorf, David) |
| Filing 25 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Bernice Lee. Jose Cristobal Mendez served on 12/27/2023, response/answer due 1/17/2024. (Rosendorf, David) |
| Filing 24 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Bernice Lee. Joel Castellanos served on 12/23/2023, response/answer due 1/16/2024. (Rosendorf, David) |
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Filing 23
PAPERLESS ORDER granting #16 Motion for Extension of Time to File Response/Answer to a Complaint or Other Case Initiating Document by Arcemi Business Consult, LLC; Leonardo Azevedo; and Azevedo Partners-Diesel Tax Refunds Inc. Response/Answer due 1/26/2024. Signed by Judge Raag Singhal on 1/13/2024. (pb00)
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| 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 Bernice Lee. Azevedo Partners-Diesel Tax Refunds Inc. served on 12/23/2023, response/answer due 1/16/2024. (Rosendorf, David) |
| 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 Bernice Lee. Arcemi Business Consult, LLC served on 12/23/2023, response/answer due 1/16/2024. (Rosendorf, David) |
| Filing 20 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Bernice Lee. Leonardo Azevedo served on 12/23/2023, response/answer due 1/16/2024. (Rosendorf, David) |
| Filing 19 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Bernice Lee. JAH Works LLC served on 12/23/2023, response/answer due 1/16/2024. (Rosendorf, David) |
| Filing 18 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Bernice Lee. CMJ 2 LLC served on 12/23/2023, response/answer due 1/16/2024. (Rosendorf, David) |
| Filing 17 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Bernice Lee. Carlos Rivillas served on 12/23/2023, response/answer due 1/16/2024. (Rosendorf, David) |
| Filing 16 MOTION for Extension of Time to File Response/Reply/Answer by Arcemi Business Consult, LLC, Leonardo Azevedo, Azevedo Partners-Diesel Tax Refunds Inc.. Attorney Jonathan Charles Chane added to party Arcemi Business Consult, LLC(pty:dft), Attorney Jonathan Charles Chane added to party Leonardo Azevedo(pty:dft), Attorney Jonathan Charles Chane added to party Azevedo Partners-Diesel Tax Refunds Inc.(pty:dft). (Chane, Jonathan) |
| Filing 15 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Bernice Lee. Christian Cuesta served on 12/28/2023, response/answer due 1/18/2024. (Rosendorf, David) |
| Filing 14 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Bernice Lee. Blue Palm Cap Corp. served on 12/21/2023, response/answer due 1/11/2024. (Rosendorf, David) |
| Filing 13 NOTICE of Re-filing Certificate of Interested Persons and Corporate Disclosure Statement by Bernice Lee re #7 Certificate of Other Affiliates/Corporate Disclosure Statement, (Attachments: #1 Exhibit Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement) (Rosendorf, David) |
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Filing 12
PAPERLESS ORDER TO FILE CERTIFICATE OF INTERESTED PERSONSWithin SEVEN (7) DAYS of entry of an appearance, each party, including governmental parties, must file certificates of interested parties and corporate disclosure statements that contain a complete list of persons, associated persons, firms, partnerships, or corporations that have a financial interest in the outcome of this case, including subsidiaries, conglomerates, affiliates, parent corporations, and other identifiable legal entities related to a party. The parties shall not include Judge Singhal or the paired magistrate judges unless they have an interest in the litigation. Throughout the pendency of the action, the parties are under a continuing obligation to amend, correct, and update the certificates. Signed by Judge Raag Singhal on 1/2/2024. (pb00)
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| Filing 11 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 (and responses to 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 (and responses).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).Exhibits to pleadings and motions shall be docketed in accordance with the Courts CM/ECF procedures, Rule 3L.(2): (2) Describing an Attachment to a Docket EntryA party filing an attachment to a document shall select one of the prescribed attachment categories from the drop-down menu (e.g., affidavit, transcript), provide an alphabetical or numerical designation (e.g., Exhibit A, Exhibit 1), and descriptively name each attachment (e.g., Exhibit 1 - Affidavit of Boo Radley) in a manner that enables the Court to easily locate and distinguish attachments. (Emphasis added.) 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 1/2/2024. (pb00) |
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Filing 10
PAPERLESS ORDER denying as moot #8 Motion to Reassign Case in light of #9 Order of Transfer. Signed by Judge Raag Singhal on 1/2/2024. (pb00)
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Filing 9
ORDER OF TRANSFER to Judge Raag Singhal for all further proceedings, accepted and signed on 1/2/2024. Judge William P. Dimitrouleas no longer assigned to case. Signed by Judge William P. Dimitrouleas on 12/18/2023. See attached document for full details. (ebz)
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| Filing 8 MOTION to Reassign Case by Bernice Lee. (Attachments: #1 Exhibit A - Proposed Order)(Rosendorf, David) |
| Filing 7 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - Certificate of Interested Persons by Bernice Lee identifying Other Affiliate U.S. Securities and Exchange Commission, Other Affiliate Johanna M Garcia, Other Affiliate Pavel Ruiz a/k/a Pavel Hernandez for Bernice Lee (Rosendorf, David) |
| Filing 6 NOTICE of Attorney Appearance by Bernice Cindy Lee on behalf of Bernice Lee. Attorney Bernice Cindy Lee added to party Bernice Lee(pty:rc). (Lee, Bernice) |
| Filing 5 NOTICE of Attorney Appearance by David Lee Rosendorf on behalf of Bernice Lee (Rosendorf, David) |
| Filing 4 Notice of Pending, Refiled, Related or Similar Actions by Bernice Lee (Rosendorf, David) |
| Filing 3 Summons Issued as to Arcemi Business Consult, LLC, Leonardo Azevedo, Azevedo Partners-Diesel Tax Refunds Inc., Bay Bays General Services LLC, Blue Palm Cap Corp., CMJ 2 LLC, Joel Castellanos, Christian Cuesta, DTH General Services LLC, DTH Production LLC, DTH Transport LLC, DaVibezCreations LLC, Gilberto's Paradise LLC, Bryant Guayara, JAH Works LLC, M5 Store LLC, Jose Cristobal Mendez, Mario Morales, Carlos Rivillas, Marco Rosas, Zio Marco Services LLC, Zio Marco Transportation LLC. (nan) |
| Filing 2 Clerks Notice of Judge Assignment to Judge William P. Dimitrouleas. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Patrick M. Hunt 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. (nan) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 405.00 receipt number AFLSDC-17148909, filed by Bernice C Lee. (Attachments: #1 Exhibit A - MJ Disbursements, #2 Exhibit B - MJ Amex, #3 Exhibit C - P.Ruiz Plea Agreement, #4 Exhibit D - J.Garcia Indictment, #5 Civil Cover Sheet, #6 Summon(s) Bryant Guayara, #7 Summon(s) DaVibezCreations LLC, #8 Summon(s) M5 Store LLC, #9 Summon(s) Zio Marco Transportation LLC, #10 Summon(s) Zio Marco Services LLC, #11 Summon(s) Marco Rosas, #12 Summon(s) DTH General Services LLC, #13 Summon(s) DTH Production LLC, #14 Summon(s) Bay Bays General Services LLC, #15 Summon(s) DTH Transport LLC, #16 Summon(s) Jose Cristobal Mendez, #17 Summon(s) Arcemi Business Consult, LLC, #18 Summon(s) Azevedo Partners-Diesel Tax Refunds Inc., #19 Summon(s) Leonardo Azevedo, #20 Summon(s) JAH Works LLC, #21 Summon(s) CMJ 2 LLC, #22 Summon(s) Carlos Rivillas, #23 Summon(s) Blue Palm Cap Corp., #24 Summon(s) Christian Cuesta, #25 Summon(s) Gilberto's Paradise LLC, #26 Summon(s) Mario Morales, #27 Summon(s) Joel Castellanos)(Widlanski, Benjamin) |
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