CASTLEBERRY v. OFFICE DEPOT INC et al
Plaintiff: CASTLEBERRY and RONALD CASTLEBERRY
Defendant: OFFICE DEPOT, INC, OFFICE DEPOT INC, WINN DIXIE STORES INC and QIANGLONG FURNITURE CO LTD
Case Number: 7:2016cv00202
Filed: November 4, 2016
Court: US District Court for the Middle District of Georgia
Office: Valdosta Office
County: Lowndes
Presiding Judge: HUGH LAWSON
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on April 4, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 4, 2019 Opinion or Order Filing 66 STIPULATION of Dismissal by WINN DIXIE STORES INC as to All Parties (RYAN, GERALD)
April 4, 2019 Opinion or Order REMARK: Case closed pursuant to Stipulation of Dismissal. (rlw)
March 27, 2019 Opinion or Order Filing 65 NOTICE of Settlement by WINN DIXIE STORES INC (RYAN, GERALD)
March 27, 2019 Opinion or Order NOTICE OF CANCELLATION OF Pretrial Conference and Jury Trial. Case has settled. (nop)
March 26, 2019 Opinion or Order Filing 64 JOINT MOTION to Continue Trial by WINN DIXIE STORES INC filed by GERALD ROBERT RYAN, JR.(RYAN, GERALD)
March 19, 2019 Opinion or Order Filing 63 ORDER for Pretrial Conference: Pretrial Conference set for 4/5/2019 09:30 AM in Valdosta before US DISTRICT JUDGE HUGH LAWSON. Proposed Pretrial Order due by 3/25/2019. Ordered by US DISTRICT JUDGE HUGH LAWSON on 3/19/2019. (Attachments: #1 Required Form)(nop)
February 15, 2019 Opinion or Order Filing 62 ORDER denying #40 Motion for Summary Judgment. This case shall be placed on the Court's next available trial calendar. Ordered by US DISTRICT JUDGE HUGH LAWSON on 2/15/2019. (aks)
February 15, 2019 Opinion or Order NOTICE OF SETTING Jury Trial for 4/29/2019 09:00 AM in Valdosta before US DISTRICT JUDGE HUGH LAWSON. The parties are ordered to contact the Court immediately if the case settles. Order for Pretrial will be docketed at a later date.(nop)
January 9, 2019 Opinion or Order Filing 61 Minute Entry for proceedings held before US DISTRICT JUDGE HUGH LAWSON: Motion Hearing held on 1/9/2019 re #40 MOTION for Summary Judgment filed by WINN DIXIE STORES INC (Court Reporter Darlene Fuller.) Court Reporter: Darlene Fuller. (rlw)
October 31, 2018 Opinion or Order NOTICE OF SETTING HEARING ON MOTION re #40 MOTION for Summary Judgment : Motion Hearing set for 1/9/2019 09:30 AM in Valdosta before US DISTRICT JUDGE HUGH LAWSON. (nop)
August 6, 2018 Opinion or Order Filing 60 REPLY to Response filed by WINN DIXIE STORES INC re #40 MOTION for Summary Judgment (Ryan, Gerald)
July 26, 2018 Opinion or Order Filing 59 DEPOSITION of Estevan Paul Griego taken on 01/25/2018 filed by RONALD CASTLEBERRY. Related document: #58 Certificate of Need to File Discovery filed by RONALD CASTLEBERRY, #40 MOTION for Summary Judgment filed by WINN DIXIE STORES INC.(PETERMAN, JODY)
July 26, 2018 Opinion or Order Filing 58 Certificate of Need to File Discovery by RONALD CASTLEBERRY. Related document: #40 MOTION for Summary Judgment filed by WINN DIXIE STORES INC.(PETERMAN, JODY)
July 24, 2018 Opinion or Order Filing 57 RESPONSE filed by RONALD CASTLEBERRY re #40 MOTION for Summary Judgment (Attachments: #1 Stmt of Material Facts Resp Plaintiff's Statement of Material Facts)(PETERMAN, JODY)
July 24, 2018 Opinion or Order Filing 56 DEPOSITION of John Lloyd taken on 02/05/2018 filed by RONALD CASTLEBERRY. Related document: #41 Certificate of Need to File Discovery filed by WINN DIXIE STORES INC, #51 Certificate of Need to File Discovery filed by RONALD CASTLEBERRY, #40 MOTION for Summary Judgment filed by WINN DIXIE STORES INC.(PETERMAN, JODY)
July 24, 2018 Opinion or Order Filing 55 DEPOSITION of Jason Byrd taken on 12/19/2017 filed by RONALD CASTLEBERRY. Related document: #41 Certificate of Need to File Discovery filed by WINN DIXIE STORES INC, #51 Certificate of Need to File Discovery filed by RONALD CASTLEBERRY, #40 MOTION for Summary Judgment filed by WINN DIXIE STORES INC.(PETERMAN, JODY)
July 24, 2018 Opinion or Order Filing 54 DEPOSITION of Donn Stanfill taken on 02/12/2018 filed by RONALD CASTLEBERRY. Related document: #41 Certificate of Need to File Discovery filed by WINN DIXIE STORES INC, #51 Certificate of Need to File Discovery filed by RONALD CASTLEBERRY, #40 MOTION for Summary Judgment filed by WINN DIXIE STORES INC.(PETERMAN, JODY)
July 24, 2018 Opinion or Order Filing 53 DEPOSITION of Bryan North taken on 12/19/2017 filed by RONALD CASTLEBERRY. Related document: #41 Certificate of Need to File Discovery filed by WINN DIXIE STORES INC, #51 Certificate of Need to File Discovery filed by RONALD CASTLEBERRY, #40 MOTION for Summary Judgment filed by WINN DIXIE STORES INC.(PETERMAN, JODY)
July 24, 2018 Opinion or Order Filing 52 DEPOSITION of Ashleigh North taken on 12/19/2017 filed by RONALD CASTLEBERRY. Related document: #41 Certificate of Need to File Discovery filed by WINN DIXIE STORES INC, #51 Certificate of Need to File Discovery filed by RONALD CASTLEBERRY, #40 MOTION for Summary Judgment filed by WINN DIXIE STORES INC.(PETERMAN, JODY)
July 24, 2018 Opinion or Order Filing 51 Certificate of Need to File Discovery by RONALD CASTLEBERRY. Related document: #40 MOTION for Summary Judgment filed by WINN DIXIE STORES INC.(PETERMAN, JODY)
July 3, 2018 Opinion or Order Filing 50 ORDER LIFTING STAY and setting briefing schedule. Plaintiff's response to Defendant's motion for summary judgment shall be filed by not later than July 24, 2018. Defendant shall file any reply by not later than August 7, 2018. Ordered by US DISTRICT JUDGE HUGH LAWSON on 7/3/2018. (aks)
June 20, 2018 Opinion or Order Filing 49 NOTICE Notice of Lifting of Automatic Bankruptcy Stay by WINN DIXIE STORES INC (Ryan, Gerald)
April 6, 2018 Opinion or Order Filing 48 ORDER STAYING CASE FOR BANKRUPTCY. Ordered by US DISTRICT JUDGE HUGH LAWSON on 4/6/2018. (aks)
April 2, 2018 Opinion or Order Filing 47 SUGGESTION OF BANKRUPTCY Upon the Record as to Winn-Dixie Stores, Inc. by WINN DIXIE STORES INC (Attachments: #1 Exhibit Exhibit A - Winn-Dixie Stores, Inc.'s Chapter 11 Petition)(Ryan, Gerald)
March 28, 2018 Opinion or Order Filing 46 FIRST MOTION for Hearing re #40 MOTION for Summary Judgment by WINN DIXIE STORES INC filed by Gerald Robert Ryan, Jr.(Ryan, Gerald)
March 28, 2018 Opinion or Order Filing 45 Request to RONALD CASTLEBERRY to file original discovery document(s) by WINN DIXIE STORES INC.(Ryan, Gerald)
March 28, 2018 Opinion or Order Filing 44 DEPOSITION of Ronald Castleberry taken on 10/26/2017 filed by WINN DIXIE STORES INC. Related document: #41 Certificate of Need to File Discovery filed by WINN DIXIE STORES INC, #40 MOTION for Summary Judgment filed by WINN DIXIE STORES INC.(Ryan, Gerald)
March 28, 2018 Opinion or Order Filing 43 DEPOSITION of Ronald Castleberry taken on 10/26/2017 filed by WINN DIXIE STORES INC. Related document: #41 Certificate of Need to File Discovery filed by WINN DIXIE STORES INC, #40 MOTION for Summary Judgment filed by WINN DIXIE STORES INC.(Ryan, Gerald)
March 28, 2018 Opinion or Order Filing 42 DEPOSITION of Ronald Castleberry taken on 09/15/2016 filed by WINN DIXIE STORES INC. Related document: #41 Certificate of Need to File Discovery filed by WINN DIXIE STORES INC, #40 MOTION for Summary Judgment filed by WINN DIXIE STORES INC.(Ryan, Gerald)
March 28, 2018 Opinion or Order Filing 41 Certificate of Need to File Discovery by WINN DIXIE STORES INC. Related document: #40 MOTION for Summary Judgment filed by WINN DIXIE STORES INC.(Ryan, Gerald)
March 28, 2018 Opinion or Order Filing 40 FIRST MOTION for Summary Judgment by WINN DIXIE STORES INC filed by Gerald Robert Ryan, Jr. (Attachments: #1 Memorandum in Support Memorandum in Support of Defendant's Motion for Summary Judgment, #2 Statement of Material Facts Statement of Material Facts as to Which There Exists no Genuine Issue for Trial, #3 Exhibit Table of Authorities for Defendant's Motion for Summary Judgment, #4 Exhibit Exhibit List for Defendant's Motion for Summary Judgment, #5 Exhibit Exhibit A - Complaint CAF 16CVD325, #6 Exhibit Exhibit B - photograph 1 taken by plaintiff attorney, #7 Exhibit Exhibit C - photograph 2 taken by plaintiff attorney, #8 Exhibit Exhibit D - photograph 3 taken by plaintiff attorney, #9 Exhibit Exhibit E - photograph 4 taken by plaintiff attorney, #10 Exhibit Exhibit F - photograph 5 taken by plaintiff attorney, #11 Exhibit Exhibit G - photograph 6 taken by plaintiff attorney, #12 Exhibit Exhibit H - 10/7/2014 medical report of Dr. Garcia)(Ryan, Gerald)
March 27, 2018 Opinion or Order Filing 39 NOTICE of Change of Address by Gerald Robert Ryan, Jr (Ryan, Gerald)
March 22, 2018 Opinion or Order TEXT ONLY Minute Entry for proceedings held before US DISTRICT JUDGE HUGH LAWSON: Telephone Conference held on 3/22/2018 re: Motion for Ext of Time to File Dispositive Motions. Deadlines expired 3/19/2018. Deft's MSJ will be ready to file by Monday 3/26/2018. The Court grants a ten (10) day extension. Pltf does not object. No order forthcoming. Court Reporter: Tammy DiRocco.Time in Court: 11:45-11:50. (nop)
March 20, 2018 Opinion or Order Filing 38 ORDER denying #37 Motion for Extension of Time. Ordered by US DISTRICT JUDGE HUGH LAWSON on 3/20/2018. (aks)
March 19, 2018 Opinion or Order Filing 37 CONSENT MOTION for Extension of Time to File File dispositive motions. by WINN DIXIE STORES INC filed by Gerald Robert Ryan, Jr. (Attachments: #1 Proposed Order proposed order)(Ryan, Gerald)
February 28, 2018 Opinion or Order Filing 36 ORDER granting #35 Motion for Extension of Time to File Dispositive and Daubert Motions. The deadline to file motions shall be extended through March 19, 2018. Ordered by US DISTRICT JUDGE HUGH LAWSON on 2/28/2018. (aks)
February 27, 2018 Opinion or Order Filing 35 SECOND MOTION for Extension of Time to File Dispositive motions and Daubert motions. by WINN DIXIE STORES INC filed by Gerald Robert Ryan, Jr. (Attachments: #1 Proposed Order Order Granting)(Ryan, Gerald)
February 20, 2018 Opinion or Order Filing 34 ORDER granting #33 Motion to Dismiss Party. Plaintiff's claims against Defendant Office Depot, Inc. are hereby dismissed with prejudice, and Office Depot is dismissed as a party to this action. Ordered by US DISTRICT JUDGE HUGH LAWSON on 2/20/2018. (aks)
February 20, 2018 Opinion or Order Filing 33 MOTION to Dismiss Party OFFICE DEPOT INC by OFFICE DEPOT INC filed by ROBERT B WEDGE. (Attachments: #1 Proposed Order dismissing Office Depot (unopposed))(WEDGE, ROBERT)
December 15, 2017 Opinion or Order Filing 32 NOTICE Notice Pursuant to OCGA 51-12-33(d) by WINN DIXIE STORES INC (Ryan, Gerald)
November 20, 2017 Opinion or Order Filing 31 This is a text only entry; no document issued. ORDER granting #30 Motion for Extension of Time to Complete Discovery. The time to complete discovery is hereby extended through January 28, 2018. Dispositive motions and Daubert motions shall be filed by February 27, 2018. Ordered by US DISTRICT JUDGE HUGH LAWSON on 11/20/2017. (aks)
November 17, 2017 Opinion or Order Filing 30 JOINT MOTION for Extension of Time to Complete Discovery by WINN DIXIE STORES INC filed by Gerald Robert Ryan, Jr. (Attachments: #1 Proposed Order)(Ryan, Gerald)
October 20, 2017 Opinion or Order Filing 29 Discovery Status Report by WINN DIXIE STORES INC.(Ryan, Gerald)
October 11, 2017 Opinion or Order Filing 28 Discovery Order Memorandum.(rlw)
September 13, 2017 Opinion or Order Filing 27 ORDER granting #15 Motion to Dismiss. Defendant Qianglong is dismissed as a party to this action. Ordered by US DISTRICT JUDGE HUGH LAWSON on 9/13/2017. (aks)
June 28, 2017 Opinion or Order Filing 26 REPLY to Response filed by QIANGLONG FURNITURE CO LTD re #15 MOTION to Dismiss Complaint (HOROWITZ, ANDREW)
June 15, 2017 Opinion or Order Notice of Clerk's Granting of Extension re: #25 Letter, #15 MOTION to Dismiss Complaint filed by QIANGLONG FURNITURE CO LTD. (rlw)
June 14, 2017 Opinion or Order Filing 25 Letter regarding Extension to File Reply re #15 MOTION to Dismiss Complaint (HOROWITZ, ANDREW)
June 7, 2017 Opinion or Order Filing 24 Letter from U.S. District Judge Hugh Lawson regarding Scheduling and Discovery Order re #23 Scheduling/Discovery Order. Hard copy mailed this date to counsel. (nop)
June 7, 2017 Opinion or Order Filing 23 SCHEDULING/DISCOVERY ORDER:Discovery to be complete by 11/28/2017. Dispositive motions due by 12/28/2017. Ordered by US DISTRICT JUDGE HUGH LAWSON on 6/7/2017. (nop)
June 2, 2017 Opinion or Order Notice of Deficiency (related document(s): #20 Notice of Certificate of Service of Initial Disclosures filed by OFFICE DEPOT INC ); Pursuant to Local Rule 5.1 Discovery is not filed in the Middle District of Georgia. No certificate of service is required to be filed. (sbd)
June 1, 2017 Opinion or Order Filing 22 RESPONSE filed by RONALD CASTLEBERRY re #15 MOTION to Dismiss Complaint (Attachments: #1 Exhibit Complaint, #2 Exhibit Signature Page of Office Depot Answer, #3 Exhibit Affidavit, #4 Exhibit Def Qianglong's Brief in Support of Motion to Dismiss, #5 Envelope Plaintiff's Response to Show Cause Order, #6 Exhibit Proof of Service of Sarah Mims)(PETERMAN, JODY)
June 1, 2017 Opinion or Order Filing 21 REFILED CORRECTLY AT #22 - RESPONSE filed by RONALD CASTLEBERRY re #15 MOTION to Dismiss Complaint (Attachments: #1 Exhibit Complaint, #2 Exhibit Signature page of Office Depot Answer, #3 Exhibit Affidavit, #4 Exhibit Def Qianglong's Brief in Support of Motion to Dismiss, #5 Exhibit Plaintiff's Response to Show Cause Order, #6 Exhibit Proof of Service of Sarah Mims)(PETERMAN, JODY) Modified text on 6/2/2017 (sbd).
June 1, 2017 Opinion or Order Filing 20 NOTICE Certificate of Service of Initial Disclosures by OFFICE DEPOT INC (WEDGE, ROBERT)
May 16, 2017 Opinion or Order Filing 19 Letter regarding Extenstion of Time re #15 MOTION to Dismiss Complaint (PETERMAN, JODY)
May 16, 2017 Opinion or Order Filing 18 Corporate Disclosure Statement by WINN DIXIE STORES INC (Ryan, Gerald)
May 16, 2017 Opinion or Order Notice of Clerk's Granting of Extension re: #19 Letter, #15 MOTION to Dismiss Complaint filed by QIANGLONG FURNITURE CO LTD. (rlw)
May 10, 2017 Opinion or Order Filing 17 Corporate Disclosure Statement by QIANGLONG FURNITURE CO LTD (HOROWITZ, ANDREW)
May 2, 2017 Opinion or Order Filing 16 RULES 16/26 ORDER:Proposed Scheduling/Discovery order due by 6/2/2017. Corporate Disclosures due by 5/16/2017. Ordered by US DISTRICT JUDGE HUGH LAWSON on 5/2/2017. (Attachments: #1 Required Form)(nop)
April 28, 2017 Opinion or Order Filing 15 MOTION to Dismiss Complaint by QIANGLONG FURNITURE CO LTD filed by ANDREW D HOROWITZ. (Attachments: #1 Exhibit Plaintiff's Complaint, #2 Exhibit First Proof of Service, #3 Exhibit Affidavit of Sarah Mims, #4 Exhibit Second Proof of Service, #5 Exhibit Bledsoe Order, #6 Memorandum in Support, #7 Statement of Material Facts, #8 Theories of Recovery)(HOROWITZ, ANDREW)
April 25, 2017 Opinion or Order Filing 14 SUMMONS Returned Executed by RONALD CASTLEBERRY as to QIANGLONG FURNITURE CO LTD. (PETERMAN, JODY)
April 20, 2017 Opinion or Order Filing 13 Summons Reissued as to QIANGLONG FURNITURE CO LTD. (sbd)
April 20, 2017 Opinion or Order Filing 12 SUMMONS Returned Executed by RONALD CASTLEBERRY as to QIANGLONG FURNITURE CO LTD. (PETERMAN, JODY)
April 3, 2017 Opinion or Order Filing 11 Summons Issued as to QIANGLONG FURNITURE CO LTD. (rlw)
February 27, 2017 Opinion or Order Filing 10 ORDER granting Plaintiff an additional 60 days in which to serve Defendant Qianglong Furniture Co., Ltd. Plaintiff shall have until April 28, 2017 to serve this Defendant. Ordered by US DISTRICT JUDGE HUGH LAWSON on 2/27/2017. (aks)
February 26, 2017 Opinion or Order Filing 9 RESPONSE to Court Order filed by RONALD CASTLEBERRY re #8 Order to Show Cause (PETERMAN, JODY)
February 6, 2017 Opinion or Order Filing 8 ORDER TO SHOW CAUSE why this case should not be dismissed as to Defendant Qianglong Furniture Co., Ltd. for failure to serve. Ordered by US DISTRICT JUDGE HUGH LAWSON on 2/6/2017. (aks)
December 19, 2016 Opinion or Order Filing 7 Corporate Disclosure Statement by WINN DIXIE STORES INC (Ryan, Gerald)
December 19, 2016 Opinion or Order Notice of Deficiency (related document(s): #7 Corporate Disclosure Statement filed by WINN DIXIE STORES INC ); Document must be refiled to add corporate parents, subsidiary corporations and/or any publicly held corporation that owns 10% or more of its stock to the case. (rlw)
November 8, 2016 Opinion or Order Filing 6 CERTIFICATE OF SERVICE re #5 Answer to Complaint (WEDGE, ROBERT)
November 8, 2016 Opinion or Order Filing 5 ANSWER to Complaint by OFFICE DEPOT INC.(WEDGE, ROBERT)
November 7, 2016 Opinion or Order Filing 4 Corporate Disclosure Statement by OFFICE DEPOT, INC. identifying Other Affiliate THE OFFICE CLUB INC, Other Affiliate VIKING OFFICE PRODUCTS INC, Other Affiliate COMPUTERS4SURE.COM INC, Other Affiliate SOLUTIONS4SURE.COM INC, Other Affiliate OD INTERNATIONAL INC, Other Affiliate OFFICE DEPOT DELAWARE OVERSEAS FINANCE NO. 1 LLC, Other Affiliate JAPAN OFFICE SUPPLIES LLC, Other Affiliate ODV FRANCE LLC, Other Affiliate OD FRANCE LLC, Other Affiliate 4SURE.COM INC, Other Affiliate SWINTON AVENUE TRADING LIMITED INC, Other Affiliate 2300 SOUTH CONGRESS LLC, Other Affiliate NEIGHBORHOOD RETAIL DEVELOPMENT FUND LLC, Other Affiliate HC LAND COMPANY LLC, Other Affiliate NOTUS AVIATION INC, Other Affiliate OD MEDICAL SOLUTIONS LLC, Other Affiliate OD BRAZIL HOLDINGS LLC, Other Affiliate OFFICE DEPOT N.A. SHARED SERVICES LLC, Other Affiliate OFFICE DEPOT NETHERLANDS LLC, Other Affiliate OFFICE DEPOT FOREIGN HOLDINGS GP LLC, Other Affiliate OFFICE DEPOT FOREIGN HOLDINGS LP LLC, Other Affiliate EDEPOT LLC, Other Affiliate MAPLEBY HOLDINGS MERGER CORPORATION, Other Affiliate WAHKIAKUM GAS CORPORATION, Other Affiliate RELIABLE EXPRESS CORPORATION, Other Affiliate PICABO HOLDINGS INC, Other Affiliate OMX TIMBER FINANCE HOLDINGS II LLC, Other Affiliate OMX TIMBER FINANCE HOLDINGS I LLC, Other Affiliate OFFICEMAX INCORPORATED, Other Affiliate OFFICEMAX SOUTHERN COMPANY, Other Affiliate OFFICEMAX NEVADA COMPANY, Other Affiliate OMX INC, Other Affiliate OFFICEMAX NORTH AMERICA INC, Other Affiliate NORTH AMERICAN CARD AND COUPON SERVICES LLC for OFFICE DEPOT, INC.. (Attachments: #1 Exhibit A - List of Subsidiaries)(WEDGE, ROBERT)
November 7, 2016 Opinion or Order Notice of Deficiency; Document must be refiled to add corporate parents, subsidiary corporations and/or any publicly held corporation that owns 10% or more of its stock to the case - (related document(s): #3 Corporate Disclosure Statement filed by OFFICE DEPOT, INC. ). (rlw)
November 4, 2016 Opinion or Order Filing 3 Corporate Disclosure Statement by OFFICE DEPOT, INC. (Attachments: #1 Exhibit A - Subsidiaries)(WEDGE, ROBERT)
November 4, 2016 Opinion or Order Filing 2 Consent Form (28 USC 636(c)(1)) sent to RONALD CASTLEBERRY. (sbd)
November 4, 2016 Opinion or Order Filing 1 NOTICE OF REMOVAL against OFFICE DEPOT, INC. Fee paid: Receipt # 113G-2461604, $400 filed by OFFICE DEPOT, INC. (Attachments: #1 Exhibit A - Consent to Removal, #2 Exhibit B - Superior Court Complaint, #3 Exhibit C- Summons, #4 Exhibit D - Summons, #5 Exhibit E - Defendant Winn-Dixie Stores Answer, #6 Exhibit F - Notice of Removal to US District Court)(WEDGE, ROBERT)

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Plaintiff: CASTLEBERRY
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Plaintiff: RONALD CASTLEBERRY
Represented By: JODY DONALD PETERMAN
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Defendant: OFFICE DEPOT, INC
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Defendant: OFFICE DEPOT INC
Represented By: DOROTHY H CORNWELL
Represented By: ROBERT B WEDGE
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Defendant: WINN DIXIE STORES INC
Represented By: GERALD ROBERT RYAN, JR
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Defendant: QIANGLONG FURNITURE CO LTD
Represented By: ANDREW D HOROWITZ
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