Cofer et al v. Secure Cash Systems, LLC et al
| Charles Cofer and Amy Cofer |
| Secure Cash Systems, LLC doing business as SCS Private Funding, Ray McNeil, Linda Kirkland, American Eagle Consultants, Inc., Arthur Geiss, Scott O'Neil, Gaylin Ware, Total Choice Corporation, Kenneth Enrico, The Enrico Corp. and Doe Defendants1-5 |
| 1:2013cv02603 |
| August 6, 2013 |
| US District Court for the Northern District of Georgia |
| Fayette |
| Amy Totenberg |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1962 Racketeering (RICO) Act |
| Both |
Docket Report
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This docket was last retrieved on June 24, 2015. A more recent docket listing may be available from PACER.
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| Filing 156 DEFAULT JUDGMENT in favor of the Plaintiffs and against Defendant Total Choice Corporation in the amount of $3,500. (jtj)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- |
Filing 155
ORDER GRANTING IN PART and DENYING IN PART #154 Plaintiffs' Motion for Default Judgment. The Clerk is DIRECTED to enter default judgment on Count V against Defendant Total Choice Corporation in the amount of $3,500, subject to any apportionment or joint and several liability principles. The Clerk is further DIRECTED to close the case. Signed by Judge Amy Totenberg on 6/24/2015. (jtj)
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| Civil Case Terminated. (jtj) |
| Clerk's Certificate of Mailing as to Total Choice Corporation, Gaylin Ware re #156 Default Judgment, #155 Order on Motion for Default Judgment. (jtj) |
| Submission of #154 MOTION for Default Judgment as to Total Choice Corporation , submitted to District Judge Amy Totenberg. (jtj) |
| Filing 154 MOTION for Default Judgment as to Total Choice Corporation with Brief In Support by Amy Cofer, Charles Cofer. (Attachments: #1 Brief, #2 Affidavit of Gregory O. Shenton, #3 Affidavit of Charles Cofer, #4 Text of Proposed Order)(Shenton, Gregory) |
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Filing 153
ORDER GRANTING #152 Motion for Extension of Time. The Plaintiffs SHALL FILE their properly supported motion for default judgment as to Defendant Total Choice Corporation NO LATER THAN Friday, May 15, 2015. Signed by Judge Amy Totenberg on 5/04/2015. (jtj)
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| Filing 152 MOTION for Extension of Time to File Motion for Default Judgment re: #151 Order, with Brief In Support by Amy Cofer, Charles Cofer. (Attachments: #1 Affidavit of Gregory O. Shenton, #2 Text of Proposed Order)(Shenton, Gregory) |
| Clerk's Certificate of Mailing as to Total Choice Corporation, Gaylin Ware re #153 Order on Motion for Extension of Time. (jtj) |
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Filing 151
ORDER GRANTING #146 Motion to Strike the Pleadings of Total Choice Corporation and DENYING AS MOOT #147 Motion to Strike. The Court DIRECTS the Clerk to STRIKE Total Choice's Answer and defenses and ENTER DEFAULT against Defendant Total Choice Corporation. Plaintiffs are DIRECTED to file by May 5, 2015 a properly supported motion for default judgment. Plaintiffs' request for an award of fees related to the deposition of Total Choice Corporation's 30(b)(6) witness is STAYED. Plaintiffs are DIRECTED to supplement their request for fees in their motion for default judgment and include evidence of the amount and reasonableness of such fees. Signed by Judge Amy Totenberg on 4/13/2015. (jtj)
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| Clerk's Entry of Default as to Defendant Total Choice Corporation per #151 Order. (jtj) |
| Clerk's Certificate of Mailing as to Total Choice Corporation, Gaylin Ware re #151 Order. (jtj) |
| Submission of #146 First MOTION to Strike Pleadings, #147 Second MOTION to Strike #30 Answer to Complaint and Pleadings, submitted to District Judge Amy Totenberg. (jtj) |
| Clerks Certificate of Mailing as to Total Choice Corporation, Gaylin Ware re #150 Order. (bdb) |
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Filing 150
ORDER granting #148 Charles and Amy Cofer's Motion for Extension of Time on filing a Consolidated Pretrial Order until 14 days after the Court's ruling on #146 First MOTION to Strike Pleadings, #147 Second MOTION to Strike #30 Answer to Complaint and Pleadings if both Motions are denied, or (b) if either Motion to Strike Pleadings is granted and Gaylin Ware stands as the lone remaining Defendant, until such time as the Court directs in a scheduling order after the Automotic Stay related to Gaylin Ware's bankruptcy is lifted. Signed by Judge Amy Totenberg on 3/20/2015. (bdb)
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| Filing 149 NOTICE Of Filing Amendment to #146 First Motion to Strike Pleadings and #147 Second Motion to Strike Pleadings by Amy Cofer, Charles Cofer. (Shenton, Gregory) |
| Filing 148 MOTION for Extension of Time to File Consolidated Pre-Trial Order re: #145 Order, by Amy Cofer, Charles Cofer. (Attachments: #1 Text of Proposed Order)(Shenton, Gregory) |
| Filing 147 Second MOTION to Strike #30 Answer to Complaint and Pleadings with Brief In Support by Amy Cofer, Charles Cofer. (Attachments: #1 Brief)(Shenton, Gregory) |
| Filing 146 First MOTION to Strike Pleadings with Brief In Support by Amy Cofer, Charles Cofer. (Attachments: #1 Text of Proposed Order, #2 Brief, #3 Exhibit A: Transcript of Deposition of Total Choice Corporation, #4 Exhibit B: Deposition Exhibit 63, #5 Exhibit C: Deposition Exhibit 87)(Shenton, Gregory) |
| Submission of #145 Order, submitted to District Judge Amy Totenberg. (jtj) |
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Filing 145
ORDER DISMISSING WITHOUT PREJUDICE Plaintiffs' claims against Defendant McNeil for failure to timely serve Defendant McNeil. The Court ORDERS Defendant Total Choice Corporation to retain new counsel who must file a notice of appearance with the Court within 30 days of the date of this Order. A failure to do so will result in the entry of default judgment. The Court DISMISSES WITHOUT PREJUDICE Plaintiffs claims against the John Doe Defendants. The Court ORDERS the parties to submit the consolidated pretrial order within 60 DAYS of the date of this Order. Signed by Judge Amy Totenberg on 1/20/2015. (jtj)
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| Clerk's Certificate of Mailing as to Total Choice Corporation, Gaylin Ware re #145 Order. (jtj) |
| Filing 144 NOTICE of Judge Reassignment. (dob) |
| Filing 143 Guidelines to Parties and Counsel Proceeding Before the Honorable Amy Totenberg. Signed by Judge Amy Totenberg on 12/15/2014. (jtj) |
| Clerks Certificate of Mailing as to Total Choice Corporation, Gaylin Ware re #143 Guidelines. (jtj) |
| Case Reassigned to Judge Amy Totenberg. Judge Harold L. Murphy no longer assigned to case. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:13-cv-2603-AT. Please make note of this change in order to facilitate the docketing of pleadings in this case. (dob) |
| Clerks Certificate of Mailing as to Gaylin Ware re #144 Notice (Other). (dob) |
| Clerks Certificate of Mailing as to Total Choice Corporation re #144 Notice (Other). (dob) |
| Notification of Docket Correction re #142 Order on Motion to Dismiss. Incorrect parties associated with entry. Clerk made necessary changes. (dob) |
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Filing 142
ORDER granting #138 Motion to Dismiss without prejudice terminating Secure Cash Systems, LLC, Arthur Geiss and Scott O. Neil. Signed by Judge Harold L. Murphy on 9/18/2014. (dob) Modified on 9/19/2014 to edit applicable party (dob).
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| Submission of #138 Unopposed MOTION to Dismiss without Prejudice Defendants Secure Cash Systems, LLC; Arthur Geiss; and Scott O'Neil, submitted to District Judge Harold L. Murphy. (dob) |
| Filing 141 OBJECTION to #138 Plaintiffs' Motion for Voluntary Dismissal Without Prejudice re #140 Order filed by Gaylin Ware. (bdb) |
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Filing 140
ORDER DIRECTING the remaining Defendants to file their objections, if any, re #138 Unopposed MOTION to Dismiss without Prejudice Defendants Secure Cash Systems, LLC, Arthur Geiss, and Scott O'Neil WITHIN FOURTEEN (14) DAYS AFTER THE DATE OF THIS ORDER. Signed by Judge Harold L. Murphy on 9/2/14. (jta)
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| Clerks Certificate of Mailing as to Total Choice Corporation, Gaylin Ware re #140 Order. (jta) |
| Filing 139 NOTICE of District Judge reassignment. (jpa) |
| Filing 138 Unopposed MOTION to Dismiss without Prejudice Defendants Secure Cash Systems, LLC; Arthur Geiss; and Scott O'Neil by Amy Cofer, Charles Cofer. (Shenton, Gregory) |
| Case Reassigned to Judge Harold L. Murphy. Judge Robert L. Vining, Jr no longer assigned to case. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:13-cv-2603-HLM. Please make note of this change in order to facilitate the docketing of pleadings in this case. (jta) |
| Clerks Certificate of Mailing as to Gaylin Ware re #139 Notice (jpa) |
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Filing 137
ORDER - Because the court concludes that the plaintiff's failed to comply with RUle 37's "good faith requirements," the court DENIES the plaintiffs' motion to compel #128 . If any future discovery dispute arises between these parties, any future motions will be referred to a magistrate judge of this court. Signed by Judge Robert L. Vining, Jr on 6/6/14. (klb)
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| Clerks Certificate of Mailing as to Total Choice Corporation re #137 Order on Motion to Compel, (klb) |
| Clerks Certificate of Mailing as to Gaylin Ware re #137 Order on Motion to Compel. (klb) |
| Filing 136 REPLY BRIEF re #128 MOTION to Compel Responses to Discovery from Defendants filed by Amy Cofer, Charles Cofer. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Shenton, Gregory) |
| Submission of #128 MOTION to Compel Responses to Discovery from Defendants, submitted to District Judge Robert L. Vining. (dob) |
| Filing 135 NOTICE Of Filing Discovery Documents by Amy Cofer, Charles Cofer re #128 MOTION to Compel Responses to Discovery from Defendants (Attachments: #1 Exhibit Geiss Requests, #2 Exhibit O'Neil Requests, #3 Exhibit SCS Requests, #4 Exhibit TCC Requests, #5 Exhibit Geiss Responses, #6 Exhibit O'Neil Responses, #7 Exhibit SCS Responses, #8 Exhibit TCC Responses)(Shenton, Gregory) |
| Clerks Certificate of Mailing as to Total Choice Corporation and Gaylin Ware re #134 Order (jpa) |
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Filing 134
ORDER granting #122 Motion to Supplement. Signed by Judge Robert L. Vining, Jr. on 5/15/14. (jpa)
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| Filing 133 RESPONSE in Opposition re #128 MOTION to Compel Responses to Discovery from Defendants filed by Total Choice Corporation's prior attorney, Shana Webb. (jpa) |
| Filing 132 RESPONSE in Opposition to #128 MOTION to Compel Responses to Discovery from Defendants filed by Gaylin Ware's prior attorney, Angie Walton. (Attachments: #1 Exhibit 1)(jpa) |
| Submission of #122 MOTION to Supplement #120 Reply to Response to Motion, #115 Response to Motion, #110 MOTION to Withdraw Angie M. Walton as Attorney, Submission to District Judge Robert L. Vining, submitted to District Judge Robert L. Vining. (dob) |
| Clerks Certificate of Mailing as to Total Choice Corporation and Gaylin Ware re #131 Order (jpa) |
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Filing 131
ORDER granting #110 and #111 Motions to Withdraw as Attorney. Attorney Angie M. Walton and Shana R. Webb terminated; denying #123 Motion for Protective Order; granting 130 Motion for Extension of Time to Complete Discovery( Discovery ends on 5/26/2014.) Signed by Judge Robert L. Vining, Jr. on 4/29/14. (jpa)
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| Filing 130 ORAL MOTION for Extension of Time to Complete Discovery for an additional four weeksby Amy Cofer and Charles Cofer. (jpa) |
| Filing 129 Minute Entry for proceedings held before Judge Robert L. Vining, Jr.: Status Conference held on 4/29/2014. The attorneys reached an agreement to hold a deposition May 7, 2014 at 10:00 a.m. The court granted both motionsto withdraw by attorneys Walton and Webb. The plaintiffs requested an additional 4 week extension regarding discovery. The court granted the motion. Total Choice will be directed to provide a knowledgeable witness for the deposition at the agreed upon time. If they do not comply, Total Choice will be found in default and all pleadings struck. A written order will follow. (Court Reporter Kimberly C. Bramlett)(jpa) |
| Filing 128 MOTION to Compel Responses to Discovery from Defendants with Brief In Support by Amy Cofer, Charles Cofer. (Attachments: #1 Brief in Support, #2 Affidavit of Gregory O. Shenton, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N, #17 Exhibit O, #18 Exhibit P, #19 Exhibit Q, #20 Exhibit R, #21 Exhibit S, #22 Exhibit T, #23 Exhibit U, #24 Exhibit V, #25 Exhibit W, #26 Exhibit X, #27 Exhibit Y, #28 Exhibit Z, #29 Exhibit AA, #30 Exhibit BB, #31 Exhibit CC, #32 Exhibit DD, #33 Exhibit EE)(Shenton, Gregory) |
| Filing 127 RESPONSE in Opposition re #123 Emergency MOTION for Protective Order from Plaintiffs Rule 30(b)(6) Notice of Deposition for Total Choice Corporation (TCC) filed by Amy Cofer, Charles Cofer. (Attachments: #1 Affidavit of Gregory O. Shenton, #2 A to Shenton Affidavit, #3 B to Shenton Affidavit, #4 C to Shenton Affidavit, #5 D to Shenton Affidavit, #6 E to Shenton Affidavit, #7 F to Shenton Affidavit, #8 G to Shenton Affidavit, #9 H to Shenton Affidavit, #10 I to Shenton Affidavit)(Shenton, Gregory) |
| Filing 126 NOTICE Of Filing by Amy Cofer, Charles Cofer April 18, 2014 Notice of Deposition of Total Choice Corporation (Shenton, Gregory) |
| Filing 125 NOTICE Of Filing by Amy Cofer, Charles Cofer March 6, 2014 Notice of Deposition of Total Choice Corporation (Shenton, Gregory) |
| Filing 124 NOTICE of Hearing: Status Conference set for 4/29/2014 at 02:30 PM in ROME Courtroom 353 before Judge Robert L. Vining, Jr.(jpa) |
| Filing 123 Emergency MOTION for Protective Order from Plaintiffs Rule 30(b)(6) Notice of Deposition for Total Choice Corporation (TCC) with Brief In Support by Total Choice Corporation. (Attachments: #1 Exhibit Email_4.18.14, #2 Exhibit Notice of Depo_4.18.20)(Webb, Shana) |
| Filing 122 MOTION to Supplement #120 Reply to Response to Motion, #115 Response to Motion, #110 MOTION to Withdraw Angie M. Walton as Attorney, Submission to District Judge Robert L. Vining by Amy Cofer, Charles Cofer. (Attachments: #1 Affidavit of Gregory O. Shenton, #2 Exhibit A to Shenton Affidavit, #3 Exhibit B to Shenton Affidavit, #4 Exhibit C to Shenton Affidavit, #5 Exhibit D to Shenton Affidavit)(Shenton, Gregory) |
| Notification of Docket Correction: Attorney Angie Walton representing defendant Gaylin Ware only. (aaq) |
| Notification of Docket Correction: Attorney Shana R. Webb representing defendant Total Choice Corporation only (aaq) |
| Filing 121 CERTIFICATE OF SERVICE re #108 Certificate of Service Second Notices of Deposition of Arthur Geiss, Scott O'Neil, Total Choice Corporation, and Secure Cash Systems, LLC by Amy Cofer, Charles Cofer.(Shenton, Gregory) |
| Submission of #110 MOTION to Withdraw Angie M. Walton as Attorney, submitted to District Judge Robert L. Vining. (dob) |
| Submission of #111 MOTION to Withdraw Angie M. Walton as Attorney, submitted to District Judge Robert L. Vining. (dob) |
| Filing 120 REPLY to Response to Motion re #110 MOTION to Withdraw Angie M. Walton as Attorney for Defendant Gaylin Ware filed by Gaylin Ware. (Walton, Angie) |
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Filing 119
ORDER granting #106 Motion for Extension of Time to serve defendant Ray McNeil. The plaintiff has 30 days from the date of docketing this order. Signed by Judge Robert L. Vining, Jr. on 4/9/14. (jpa)
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Filing 118
ORDER granting #107 Motion for Extension of Time to Complete limited Discovery. Discovery ends on 4/30/2014. Signed by Judge Robert L. Vining, Jr. on 3/31/14. (jpa)
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| Filing 117 NOTICE by Total Choice Corporation Intent to File a Reply to Plaintiffs Response In Opposition To Motions To Request Permission To Withdraw (Webb, Shana) |
| Filing 116 NOTICE by Gaylin Ware of Intent to Reply To Plaintiffs' Response In Opposition To Motions To Request Permission To Withdraw (Walton, Angie) |
| Filing 115 RESPONSE re #110 MOTION to Withdraw Angie M. Walton as Attorney, #111 MOTION to Withdraw Angie M. Walton as Attorney filed by Amy Cofer, Charles Cofer. (Attachments: #1 Exhibit A)(Shenton, Gregory) |
| Submission of #107 MOTION for Extension of Time to Complete Discovery , submitted to District Judge Robert L. Vining. (dob) |
| Submission of #106 MOTION for Extension of Time Serve Defendant Raymond McNeil , submitted to District Judge Robert L. Vining. (dob) |
| Filing 114 NOTICE by Gaylin Ware of filing of bankruptcy (Walton, Angie) |
| Filing 113 CERTIFICATE OF SERVICE re #111 MOTION to Withdraw Angie M. Walton as Attorney by Total Choice Corporation.(Walton, Angie) |
| Filing 112 CERTIFICATE OF SERVICE re #110 MOTION to Withdraw Angie M. Walton as Attorney by Gaylin Ware.(Walton, Angie) |
| Filing 111 MOTION to Withdraw Angie M. Walton as Attorneyby Total Choice Corporation. (Attachments: #1 Text of Proposed Order)(Walton, Angie) |
| Filing 110 MOTION to Withdraw Angie M. Walton as Attorneyby Gaylin Ware. (Attachments: #1 Text of Proposed Order)(Walton, Angie) |
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Filing 109
ORDER granting #105 Motion to Dismiss terminating American Eagle Consultants, Inc. It is ordereed that a dismissal without prejudice as to all claims of plaintiffs against defendant American Eagle Consultants, Inc. is entered with each party to bear its own costs and attorney's fees. Signed by Judge Robert L. Vining, Jr. on 3/10/14. (jpa)
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| Filing 108 CERTIFICATE OF SERVICE for Notices of Deposition by Amy Cofer, Charles Cofer.(Shenton, Gregory) |
| Filing 107 MOTION for Extension of Time to Complete Discovery with Brief In Support by Amy Cofer, Charles Cofer. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Text of Proposed Order)(Shenton, Gregory) |
| Filing 106 MOTION for Extension of Time Serve Defendant Raymond McNeil with Brief In Support by Amy Cofer, Charles Cofer. (Shenton, Gregory) |
| Filing 105 MOTION to Dismiss American Eagle Consultants, Inc. without Prejudice by Amy Cofer, Charles Cofer. (Attachments: #1 Text of Proposed Order)(Shenton, Gregory) |
| Filing 104 NOTICE by American Eagle Consultants, Inc. re #95 Certificate of Service, #93 Certificate of Service, #96 Certificate of Service, #90 Certificate of Service, #92 Certificate of Service, #94 Certificate of Service, #89 Certificate of Service, #91 Certificate of Service, #88 Certificate of Service Notice of Withdrawal of Discovery (Stivarius, John) |
| Filing 103 CERTIFICATE OF SERVICE filed by American Eagle Consultants, Inc. Defendant American Eagle Consultants, Inc.'s Responses and Objections to Plaintiffs' Second Requests for Admissions (Bennett, John) |
| Filing 102 CERTIFICATE OF SERVICE filed by American Eagle Consultants, Inc. Defendant American Eagle Consultants, Inc.'s Responses and Objections to Plaintiff's First Requests for Production of Documents (Bennett, John) |
| Filing 101 CERTIFICATE OF SERVICE filed by American Eagle Consultants, Inc. Defendant American Eagle Consultants, Inc.'s Responses and Objections to Plaintiff's First Interrogatories (Bennett, John) |
| Filing 100 CERTIFICATE OF SERVICE Defendants SCS, Geiss and O'Neal's Response to Plaintiff's Discovery by Arthur Geiss.(Deering, Patrick) |
| Filing 99 CERTIFICATE OF SERVICE Extension of time to file discovery by Arthur Geiss.(Deering, Patrick) |
| Filing 98 CERTIFICATE OF SERVICE Defendant Total Choice Corporation Responses to Plaintiffs First Interrogatories, Requests For Production of Documents, and Second Requests For Admissions to Total Choice Corporation by Total Choice Corporation.(Webb, Shana) |
| Filing 97 CERTIFICATE OF SERVICE Defendant Gaylin Ware's Responses to Plaintiffs' First Interrogatories, Requests For Production of Documents and Second Requests For Admissions by Gaylin Ware.(Walton, Angie) |
| Filing 96 CERTIFICATE OF SERVICE filed by American Eagle Consultants, Inc. Defendant American Eagle Consultants, Inc.'s First Requests for Production of Documents to Defendant Total Choice Corporation (Bennett, John) |
| Filing 95 CERTIFICATE OF SERVICE filed by American Eagle Consultants, Inc. Defendant American Eagle Consultants, Inc.'s First Interrogatories to Defendant Total Choice Corporation (Bennett, John) |
| Filing 94 CERTIFICATE OF SERVICE filed by American Eagle Consultants, Inc. Defendant American Eagle Consultants, Inc.'s First Requests for Production of Documents to Defendant Gaylin Ware (Bennett, John) |
| Filing 93 CERTIFICATE OF SERVICE filed by American Eagle Consultants, Inc. Defendant American Eagle Consultants, Inc.'s First Interrogatories to Defendant Gaylin Ware (Bennett, John) |
| Filing 92 CERTIFICATE OF SERVICE filed by American Eagle Consultants, Inc. Defendant American Eagle Consultants, Inc.'s First Requests for Production of Documents to Defendants Arthur Geiss, Scott O'Neil, and Secure Cash Systems, LLC (Bennett, John) |
| Filing 91 CERTIFICATE OF SERVICE filed by American Eagle Consultants, Inc. Defendant American Eagle Consultants, Inc.'s First Interrogatories to Defendants Arthur Geiss, Scott O'Neil, and Secure Cash Systems, LLC (Bennett, John) |
| Filing 90 CERTIFICATE OF SERVICE filed by American Eagle Consultants, Inc. Defendant American Eagle Consultants, Inc.'s First Requests for Admission to Plaintiffs (Bennett, John) |
| Filing 89 CERTIFICATE OF SERVICE filed by American Eagle Consultants, Inc. Defendant American Eagle Consultants, Inc.'s First Requests for Production of Documents to Plaintiffs (Bennett, John) |
| Filing 88 CERTIFICATE OF SERVICE filed by American Eagle Consultants, Inc. Defendant American Eagle Consultants, Inc.'s First Interrogatories to Plaintiffs (Bennett, John) |
| Clerks Certificate of Mailing as to The Enrico Corp. re #87 Judgment. (jpa) |
| Clerks Certificate of Mailing as to Kenneth Enrico re #86 Judgment (jpa) |
| Filing 87 JUDGMENT in favor of plaintiffs against The Enrico Group in the amount of $241,500 plus attorneys' fees in the amount of $72,450 plus expense of litigation in the amount of $567.07. Signed by Judge Robert L. Vining, Jr. on 1/9/14. --Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist--(jpa) |
| Filing 86 JUDGMENT in favor of Plaintiffs against Kenneth Enrico in the amount of $241,500 pluss attorney's fees in the amount of $72,450 plus expenses of litigation in the amount of $567.07 plus interest. Signed by Judge Robert L. Vining, Jr. on 1/9/14. --Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist--(jpa) |
| Filing 85 PROPOSED ORDER Proposed Judgment as to Enrico Corp re: #83 Order on Motion to Set Aside Default,, Order on Motion to Compel, Order on Motion for Default Judgment,,,,,,,,. (Shenton, Gregory) |
| Filing 84 PROPOSED ORDER Proposed Judgment as to Kenneth Enrico re: #83 Order on Motion to Set Aside Default,, Order on Motion to Compel, Order on Motion for Default Judgment,,,,,,,,. (Shenton, Gregory) |
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Filing 83
ORDER granting in part and denying in part #27 Motion for Default Judgment. Within 10 days of docketing of this order, the court directs the plaintiffs to file a proposed default judgment dealing with defendants Kenneth Enrico and The Enrico Corp that complies with Rule 58's requirements. Next, the court grants #34 Motion to Set Aside Default. The court VACATES the clerk's November 4, 2013 entry of default entered against defendants Arthur Geis and Secure Cash Systems, LLC. The court directs the clerk to administratively terminates #33 Motion to Set Aside Default. The court strikes the #28 bill of costs; granting #40 Motion to Compel. Signed by Judge Robert L. Vining, Jr. on 12/18/13. (jpa)
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| Filing 82 CERTIFICATE OF SERVICE by Amy Cofer, Charles Cofer.(Shenton, Gregory) |
| Filing 81 CERTIFICATE OF SERVICE by Amy Cofer, Charles Cofer.(Shenton, Gregory) |
| Filing 80 CERTIFICATE OF SERVICE by Amy Cofer, Charles Cofer.(Shenton, Gregory) |
| Filing 79 CERTIFICATE OF SERVICE by Amy Cofer, Charles Cofer.(Shenton, Gregory) |
| Filing 78 CERTIFICATE OF SERVICE by Amy Cofer, Charles Cofer.(Shenton, Gregory) |
| Filing 77 CERTIFICATE OF SERVICE by Amy Cofer, Charles Cofer.(Shenton, Gregory) |
| Filing 76 NOTICE of Appearance by John Douglas Bennett on behalf of American Eagle Consultants, Inc. (Bennett, John) |
| Filing 75 Amended Initial Disclosures by Total Choice Corporation.(Walton, Angie) |
| Filing 74 Amended Initial Disclosures by Gaylin Ware.(Walton, Angie) |
| Filing 73 Amended Initial Disclosures by Arthur Geiss. (Attachments: #1 Exhibit, #2 Exhibit)(Deering, Patrick) |
| Filing 72 CLERK'S JUDGMENT in favor of plaintiffs against defendants (jpa)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- |
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Filing 71
ORDER granting #52 Motion for Costs. Defendant Total Choice Corporation is to pay plaintiffs the amount of $4,361.85. Signed by Judge Robert L. Vining, Jr. on 12/11/13. (jpa)
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Filing 70
ORDER granting #51 Motion for Costs. Defendant Enrico Corp. is to pay the plaintiffs the amount of $3,269.30. Signed by Judge Robert L. Vining, Jr. on 12/11/13. (jpa)
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Filing 69
ORDER granting #50 Motion for Costs. Defendant Kenneth Enrico is to pay plainiffs the amount of $3,269.30. Signed by Judge Robert L. Vining, Jr. on 12/11/13. (jpa)
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Filing 68
ORDER granting #47 Motion for Costs. Defendant Secure Cash Systems, LLC d/b/a SCS Private Funding pay the plaintiffs the amount of $3,217.71. Signed by Judge Robert L. Vining, Jr. on 12/11/13. (jpa)
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Filing 67
ORDER terminating #46 Amended Motion for Costs; granting #49 Motion for Costs. It is ordered that Defendant Arthur Geiss pay plaintiffs the amount of $2,907.82. Signed by Judge Robert L. Vining, Jr. on 12/11/13. (jpa)
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Filing 66
ORDER granting #48 Amended Motion for Costs and terminating #45 Motion for Costs. It is ordered that Defendant Scott O'Neil pay the plaintiffs the amount of $2,759.94. Signed by Judge Robert L. Vining, Jr. on 12/11/13. (jpa)
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| Filing 65 Clerks Notation re #64 Certificate of Interested Persons approved by Judge Robert L. Vining, Jr. (jpa) |
| Submission of #46 MOTION for Costs for Service Pursuant to Rule 4 against Arthur Geiss, submitted to District Judge Robert L. Vining. (dob) |
| Submission of #45 MOTION for Costs for Service Pursuant to Rule 4 against Scott O'Neil, submitted to District Judge Robert L. Vining. (dob) |
| Submission of #40 MOTION to Compel Filing of Certificate of Interested Persons , submitted to District Judge Robert L. Vining. (dob) |
| Submission of #47 MOTION for Costs of Service Pursuant To Rule 4 against Secure Cash Systems, LLC, submitted to District Judge Robert L. Vining. (dob) |
| Submission of #48 Amended MOTION for Costs of Service Pursuant To Rule 4 against Scott O'Neil, submitted to District Judge Robert L. Vining. (dob) |
| Submission of #51 MOTION for Costs of Service Pursuant To Rule 4 against Enrico Corp, submitted to District Judge Robert L. Vining. (dob) |
| Submission of #50 MOTION for Costs of Service Pursuant To Rule 4 against Kenneth Enrico, submitted to District Judge Robert L. Vining. (dob) |
| Submission of #49 Amended MOTION for Costs of Service Pursuant To Rule 4 against Arthur Geiss, submitted to District Judge Robert L. Vining. (dob) |
| Submission of #52 MOTION for Costs of Service Pursuant To Rule 4 against Total Choice Corporation, submitted to District Judge Robert L. Vining. (dob) |
| Filing 64 Certificate of Interested Persons by Arthur Geiss. (Deering, Patrick) |
| Submission of #27 MOTION for Default Judgment as to Secure Cash Systems, LLC; Arthur Geiss; Kenneth Enrico; and The Enrico Corp , submitted to District Judge Robert L. Vining. (dob) |
| Submission of #28 Bill of Costs, submitted to District Judge Robert L. Vining. (dob) |
| Submission of #33 First MOTION to Set Aside Default , submitted to District Judge Robert L. Vining. (dob) |
| Submission of #34 Amended MOTION to Set Aside Default , submitted to District Judge Robert L. Vining. (dob) |
| Filing 63 First Initial Disclosures by Gaylin Ware.(Walton, Angie) |
| Filing 62 First Initial Disclosures by Total Choice Corporation.(Walton, Angie) |
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Filing 61
ORDER granting #57 Motion for Extension of Time through 3/4/14 to serve the defendant Ray McNeil with the summons and complaint. Signed by Judge Robert L. Vining, Jr. on 12/5/13. (jpa)
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| Filing 60 DEFAULT JUDGMENT in favor of plaintiffs against Linda Kirkland in the amount of $241,500 plus attorneys' fees in the amount of $72,450.00, plus expenses of litigation in the amount of $567.07, plus interest from the date of judgment as provided by law, together with the costs of this action. (jpa)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- |
| Notification of Docket Correction re #59 Order on Motion for Default Judgment. (jpa) |
| Clerks Certificate of Mailing as to Linda Kirkland re #60 Default Judgment and #59 Order on Motion for Default Judgment (jpa) |
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Filing 59
ORDER granting #36 Motion for Default Judgment against Defendant Linda Kirkland. Signed by Judge Robert L. Vining, Jr. on 12/4/13. (jpa) (Additional attachment(s) added on 12/5/2013: #1 Main Document) (jpa).
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| Filing 58 CERTIFICATE OF SERVICE re #57 MOTION for Extension of Time to Serve Defendant Ray McNeil re: #13 Electronic Summons Issued by Amy Cofer, Charles Cofer.(Shenton, Gregory) |
| Filing 57 MOTION for Extension of Time to Serve Defendant Ray McNeil re: #13 Electronic Summons Issued with Brief In Support by Amy Cofer, Charles Cofer. (Attachments: #1 Text of Proposed Order)(Shenton, Gregory) |
| Submission of #36 MOTION for Default Judgment as to Linda Kirkland , submitted to District Judge Robert L. Vining, Jr. (jta) |
| Filing 56 Initial Disclosures by Arthur Geiss. (Attachments: #1 Exhibit, #2 Exhibit)(Deering, Patrick) |
| Filing 55 Clerks Notation re #39 Certificate of Interested Persons approved by Judge Robert L. Vining, Jr. (jpa) |
| Filing 54 Clerks Notation re #43 Certificate of Interested Persons approved by Judge Robert L. Vining, Jr. (jpa) |
| Filing 53 Clerks Notation re #44 Certificate of Interested Persons approved by Judge Vining, Jr. (jpa) |
| Filing 52 MOTION for Costs of Service Pursuant To Rule 4 against Total Choice Corporation with Brief In Support by Amy Cofer, Charles Cofer. (Attachments: #1 Affidavit of Gregory O. Shenton, #2 Exhibit A, #3 Exhibit B, #4 Text of Proposed Order)(Shenton, Gregory) |
| Filing 51 MOTION for Costs of Service Pursuant To Rule 4 against Enrico Corp with Brief In Support by Amy Cofer, Charles Cofer. (Attachments: #1 Affidavit of Gregory O. Shenton, #2 Exhibit A, #3 Text of Proposed Order)(Shenton, Gregory) |
| Filing 50 MOTION for Costs of Service Pursuant To Rule 4 against Kenneth Enrico with Brief In Support by Amy Cofer, Charles Cofer. (Attachments: #1 Affidavit of Gregory O. Shenton, #2 Exhibit A, #3 Text of Proposed Order)(Shenton, Gregory) |
| Filing 49 Amended MOTION for Costs of Service Pursuant To Rule 4 against Arthur Geiss with Brief In Support by Amy Cofer, Charles Cofer. (Shenton, Gregory) |
| Filing 48 Amended MOTION for Costs of Service Pursuant To Rule 4 against Scott O'Neil with Brief In Support by Amy Cofer, Charles Cofer. (Shenton, Gregory) |
| Filing 47 MOTION for Costs of Service Pursuant To Rule 4 against Secure Cash Systems, LLC by Amy Cofer, Charles Cofer. (Attachments: #1 Affidavit of Gregory O. Shenton, #2 Exhibit A, #3 Exhibit B, #4 Text of Proposed Order)(Shenton, Gregory) |
| Filing 46 MOTION for Costs for Service Pursuant to Rule 4 against Arthur Geiss by Amy Cofer, Charles Cofer. (Attachments: #1 Affidavit of Gregory O. Shenton, #2 Exhibit A, #3 Exhibit B, #4 Text of Proposed Order)(Shenton, Gregory) |
| Filing 45 MOTION for Costs for Service Pursuant to Rule 4 against Scott O'Neil by Amy Cofer, Charles Cofer. (Attachments: #1 Affidavit Gregory O. Shenton, #2 Exhibit A, #3 Exhibit B, #4 Text of Proposed Order)(Shenton, Gregory) |
| Filing 44 Certificate of Interested Persons by Gaylin Ware. (Walton, Angie) |
| Filing 43 Certificate of Interested Persons by Total Choice Corporation. (Walton, Angie) |
| Filing 42 RESPONSE in Opposition re #34 Amended MOTION to Set Aside Default , #33 First MOTION to Set Aside Default , #38 First MOTION to Set Aside Default Amended Brief filed by Amy Cofer, Charles Cofer. (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)(Shenton, Gregory) |
| Filing 41 NOTICE Of Filing by Amy Cofer, Charles Cofer re #34 Amended MOTION to Set Aside Default , #33 First MOTION to Set Aside Default (Attachments: #1 Affidavit of Gregory O. Shenton, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5)(Shenton, Gregory) |
| Filing 40 MOTION to Compel Filing of Certificate of Interested Persons with Brief In Support by Amy Cofer, Charles Cofer. (Attachments: #1 Brief in Support)(Shenton, Gregory) |
| Filing 39 Amended Certificate of Interested Persons by Amy Cofer, Charles Cofer. (Shenton, Gregory) |
| Notification of Docket Correction re #38 First MOTION to Set Aside Default Amended Brief. Wrong event used. Document not linked to existing documents. The Clerk has made the necessary corrections. (jta) |
| Notification of Docket Correction re #37 Notice of Filing. Wrong event used. The Clerk has made the necessary corrections. (jta) |
| Filing 38 Amended Brief re #33 First Motion to Set Aside Default, #34 Amended Motion to Set Aside Default In Support by Arthur Geiss, Secure Cash Systems, LLC. (Deering, Patrick) Modified on 11/12/2013 to edit text to accurately reflect e-filed document; link to existing documents and add filer(jta). |
| Filing 37 Affidavit of Counsel by Arthur Geiss, Secure Cash Systems, LLC re #34 Amended MOTION to Set Aside Default , #33 First MOTION to Set Aside Default (Deering, Patrick) Modified on 11/12/2013 to edit text to accurately reflect e-filed document and add filer(jta). |
| Filing 36 MOTION for Default Judgment as to Linda Kirkland by Amy Cofer, Charles Cofer. (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Shenton, Gregory) |
| Filing 35 MOTION for Clerks Entry of Default as to Linda Kirkland by Amy Cofer, Charles Cofer. (Attachments: #1 Affidavit in Support of Request for Entry of Default, #2 Text of Proposed Order Entry of Default)(Shenton, Gregory) |
| Filing 34 Amended MOTION to Set Aside Default with Brief In Support by Arthur Geiss, Secure Cash Systems, LLC. (Attachments: #1 Brief)(Deering, Patrick) Modified on 11/5/2013 to edit text and add filer(jta). |
| Filing 33 First MOTION to Set Aside Default by Arthur Geiss, Secure Cash Systems, LLC. (Deering, Patrick) Modified on 11/5/2013 to edit text and add filer(jta). |
| Clerks Entry of Default as to Linda Kirkland. (jta) |
| Filing 32 NOTICE of Appearance by Patrick Dennis Deering on behalf of Arthur Geiss, Scott O'Neil, and Secure Cash Systems, LLC (Deering, Patrick) Modified on 11/5/2013 to edit text and add filers(jta). |
| Filing 31 ANSWER to #1 COMPLAINT by Arthur Geiss, Scott O'Neil, Secure Cash Systems, LLC.(Deering, Patrick) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. Modified on 11/5/2013 to edit text and add filers(jta). |
| Vacated as to Arthur Geiss and Secure Cash Systems, LLCClerks Entry of Default as to Kenneth Enrico, Arthur Geiss, Secure Cash Systems, LLC, The Enrico Corp re #26 Motion. (jta) |
| Notification of Docket Correction re #28 Bill of Costs. Multi pleading (4) documents filed as one. Documents filed prematurely. See Local Rule 54.1D. (jta) |
| Filing 30 STRICKEN PER #151 ORDER ANSWER to #1 COMPLAINT with Jury Demand by Total Choice Corporation.(Walton, Angie) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. Modified on 4/13/2015. (jtj) |
| Filing 29 ANSWER to #1 COMPLAINT with Jury Demand by Gaylin Ware.(Walton, Angie) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 28 STRICKEN PER ORDER NO. 83 BILL OF COSTS by Amy Cofer, Charles Cofer. (Shenton, Gregory) Modified on 12/20/2013 (dob). |
| Filing 27 MOTION for Default Judgment as to Secure Cash Systems, LLC; Arthur Geiss; Kenneth Enrico; and The Enrico Corp by Amy Cofer, Charles Cofer. (Attachments: #1 Affidavit in Support of Motion for Default Judgment, #2 Text of Proposed Order Granting Motion for Default Judgment, #3 Text of Proposed Order Proposed Judgments)(Shenton, Gregory) |
| Filing 26 MOTION for Clerks Entry of Default as to defendants Kenneth Enrico, The enrico Corp., Secure Cash Systems, LLC d/b/a SCS Private Funding, and Arthur Geiss by Amy Cofer, Charles Cofer. (Attachments: #1 Affidavit for Entry of Default, #2 Text of Proposed Order Entry of Default)(Shenton, Gregory) Modified on 11/4/2013 to edit text to reflect parties in default(jta). |
|
Filing 25
SCHEDULING ORDER: re: #23 Preliminary Report and Discovery Plan Signed by Judge Robert L. Vining, Jr. on 10/22/13. (jpa)
|
| Filing 24 First Initial Disclosures by Amy Cofer, Charles Cofer.(Shenton, Gregory) |
| Filing 23 Joint PRELIMINARY REPORT AND DISCOVERY PLAN filed by Amy Cofer, Charles Cofer. (Shenton, Gregory) |
| Filing 22 Initial Disclosures by American Eagle Consultants, Inc..(Stivarius, John) |
| Filing 21 Return of Service Executed by Amy Cofer, Charles Cofer. Linda Kirkland served on 10/14/2013, answer due 11/4/2013. (Shenton, Gregory) |
| Filing 20 Return of Service Executed by Amy Cofer, Charles Cofer. Total Choice Corporation served on 10/11/2013, answer due 11/1/2013. (Shenton, Gregory) |
| Filing 19 Return of Service Executed by Amy Cofer, Charles Cofer. Gaylin Ware served on 10/11/2013, answer due 11/1/2013. (Shenton, Gregory) |
| Filing 18 Return of Service Executed by Amy Cofer, Charles Cofer. Arthur Geiss served on 10/9/2013, answer due 10/30/2013. (Shenton, Gregory) |
| Filing 17 Return of Service Executed by Amy Cofer, Charles Cofer. Secure Cash Systems, LLC served on 10/9/2013, answer due 10/30/2013. (Shenton, Gregory) |
| Filing 16 Electronic Summons Issued as to Total Choice Corporation. (dob) |
| Filing 15 Electronic Summons Issued as to Secure Cash Systems, LLC. (dob) |
| Filing 14 Electronic Summons Issued as to Scott O'Neil. (dob) |
| Filing 13 Electronic Summons Issued as to Ray McNeil. (dob) |
| Filing 12 NOTICE Of Filing Summons by Amy Cofer, Charles Cofer re #1 Complaint, (Shenton, Gregory) |
| Filing 11 NOTICE of Appearance by Laura Rachelle Anthony on behalf of American Eagle Consultants, Inc. (Anthony, Laura) |
| Filing 10 Return of Service Executed by Amy Cofer, Charles Cofer. The Enrico Corp. served on 10/8/2013, answer due 10/29/2013. (Shenton, Gregory) |
| Filing 9 Return of Service Executed by Amy Cofer, Charles Cofer. Kenneth Enrico served on 10/8/2013, answer due 10/29/2013. (Shenton, Gregory) |
| Filing 8 NOTICE of Appearance by John C. Stivarius, Jr on behalf of American Eagle Consultants, Inc. (Stivarius, John) |
| Filing 7 Corporate Disclosure Statement by American Eagle Consultants, Inc. by American Eagle Consultants, Inc..(Connell, Justin) |
| Filing 6 ANSWER to #1 COMPLAINT and Affirmative Defenses by American Eagle Consultants, Inc.. Discovery ends on 2/18/2014.(Connell, Justin) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 5 Return of Service Executed by Amy Cofer, Charles Cofer. American Eagle Consultants, Inc. served on 8/28/2013, answer due 9/18/2013. (Shenton, Gregory) |
| Filing 4 Clerks Notation re #2 Certificate of Interested Persons approved by Judge Robert L. Vining, Jr. (jpa) |
| Filing 3 Electronic Summons Issued as to American Eagle Consultants, Inc., Kenneth Enrico, Arthur Geiss, Linda Kirkland, Scott O'Neil, Secure Cash Systems, LLC, The Enrico Corp., Gaylin Ware. (Attachments: #1 Enrico Corp., #2 American Eagle Consulting, #3 Arthur Geiss, #4 Gaylin Ware, #5 Kenneth Enrico, #6 Linda Kirkland, #7 Scott O'Neil, #8 Secure Cash Systems, #9 Secure Cash Systems O'Neil)(eop) |
| Filing 2 Certificate of Interested Persons by Amy Cofer and Charles Cofer. (eop) |
| Filing 1 COMPLAINT with Jury Demand, filed by Amy Cofer and Charles Cofer. ( Filing fee $ 400.00 receipt number 113E-4720709.) (Attachments: #1 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov/forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. (Additional attachment(s) added on 8/7/2013: #2 Blank Summons - Total Choice; Ray McNeil) (eop). |
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