Mendiola v. Home Depot U.S.A., Inc. et al
Plaintiff: Travis Mendiola
Defendant: Home Depot U.S.A. Inc. and The Administrative Committee Home Depot U.S.A., Inc.
Not Classified By Court: Carlos J. Burruezo
Case Number: 1:2020cv04027
Filed: September 30, 2020
Court: US District Court for the Northern District of Georgia
Office: Atlanta Office
Presiding Judge: Eleanor L Ross
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29:1132
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 24, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 24, 2020 Opinion or Order Filing 58 ORDER granting #57 Motion for Extension of Time to file Reply in Support of #49 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Defendants' deadline to file their reply is extended to December 22, 2020. Signed by Judge Eleanor L. Ross on 11/24/2020. (jed)
November 24, 2020 Filing 57 Unopposed MOTION for Extension of Time File Reply In Support of Motion to Dismiss re: #49 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Dispositive) by Home Depot U.S.A. Inc., The Administrative Committee Home Depot U.S.A., Inc.. (Attachments: #1 Text of Proposed Order Proposed Order Granting Defendants Home Depot and The Administrative Committee's Unopposed Motion for Extension of Time to File Reply in Support of Motion to Dismiss)(Munoz, Shane)
November 17, 2020 Filing 56 RESPONSE in Opposition re #49 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Dispositive) filed by Travis Mendiola. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Hill, Brandon)
November 4, 2020 Opinion or Order Filing 55 ORDER granting #52 Motion for Extension of Time. Plaintiff's deadline to respond to Defendant's Motion to Dismiss Plaintiff's Amended Complaint is extended to November 17, 2020. Signed by Judge Eleanor L. Ross on 11/4/2020. (jpk)
November 2, 2020 Filing 54 PROPOSED ORDER Granting Plaintiff's Unopposed Motion for Extension of Time to Respond to Defendant's Motion to Dismiss Plaintiff's Amended Complaint re: #52 Unopposed MOTION for Extension of Time to Respond to Defendant's #49 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Edelman, Marc)
October 29, 2020 Filing 53 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Carlos J. Burruezo. Clerk to follow-up by 11/9/2020. (nmb)
October 29, 2020 Filing 52 Unopposed MOTION for Extension of Time to Respond to Defendant's #49 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Travis Mendiola. (Edelman, Marc) Modified on 10/30/2020 to edit text (jpk).
October 26, 2020 Opinion or Order MINUTE ORDER (by docket entry only) GRANTING #50 Application for Admission Pro Hac Vice of Brandon J. Hill and GRANTING #51 Application for Admission Pro Hac Vice of Luis A. Cabassa. Approved by District Judge Eleanor L. Ross on 10/26/20. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(mlb)
October 26, 2020 APPROVAL by Clerks Office re: #51 APPLICATION for Admission of Luis A. Cabassa Pro Hac Vice. Attorney Luis A. Cabassa added appearing on behalf of Travis Mendiola (cdg)
October 26, 2020 APPROVAL by Clerks Office re: #50 APPLICATION for Admission of Brandon J. Hill Pro Hac Vice. Attorney Brandon J. Hill added appearing on behalf of Travis Mendiola (cdg)
October 26, 2020 Refund in the amount of $150.00 has been processed, effective 10/26/2020 in response to Clerks Action on Application for Refund of Fees paid online. (kns)
October 23, 2020 Clerk's Certificate of Mailing (via email) to Attorneys Nicholas S. Andrews and Shane Thomas Munoz as to The Administrative Committee Home Depot U.S.A., Inc. regarding Order on Application for Admission PHV. (mlb)
October 23, 2020 Opinion or Order MINUTE ORDER (by docket entry only) GRANTING #47 Application for Admission Pro Hac Vice of Shane Thomas Munoz and GRANTING #48 Application for Admission Pro Hac Vice of Nicholas S. Andrews. Approved by District Judge Eleanor L. Ross on 10/23/20. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(mlb)
October 23, 2020 APPROVAL by Clerks Office re: #48 APPLICATION for Admission of Nicholas S. Andrews Pro Hac Vice. Attorney Nicholas S. Andrews added appearing on behalf of Home Depot U.S.A. Inc., The Administrative Committee Home Depot U.S.A., Inc. (cdg)
October 23, 2020 APPROVAL by Clerks Office re: #47 APPLICATION for Admission of Shane Thomas Munoz Pro Hac Vice. Attorney Shane T. Munoz added appearing on behalf of Home Depot U.S.A. Inc., The Administrative Committee Home Depot U.S.A., Inc. (cdg)
October 22, 2020 Opinion or Order MINUTE ORDER (by docket entry only) GRANTING #44 Application for Admission Pro Hac Vice by Marc R. Edelman. Approved by District Judge Eleanor L. Ross on 10/22/20. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(mlb)
October 21, 2020 Filing 51 APPLICATION for Admission of Luis A. Cabassa Pro Hac Vice.by Travis Mendiola. (Lakraj, Adeash) Documents for this entry are not available for viewing outside the courthouse.
October 21, 2020 Filing 50 APPLICATION for Admission of Brandon J. Hill Pro Hac Vice.by Travis Mendiola. (Lakraj, Adeash) Documents for this entry are not available for viewing outside the courthouse.
October 21, 2020 RETURN of #46 APPLICATION for Admission of Luis A. Cabassa Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10277216). to attorney for correction regarding petitioner's residential address. (nmb)
October 21, 2020 RETURN of #45 APPLICATION for Admission of Brandon J. Hill Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10277206). to attorney for correction regarding petitioner's residential address. (nmb)
October 21, 2020 APPROVAL by Clerks Office re: #44 APPLICATION for Admission of Marc R. Edelman Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10276093).. Attorney Marc R. Edelman added appearing on behalf of Travis Mendiola (nmb)
October 21, 2020 Clerks Approval re #43 Application for Refund of Fees paid online. (mec)
October 20, 2020 Filing 49 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Dispositive) by Home Depot U.S.A. Inc., The Administrative Committee Home Depot U.S.A., Inc.. (Attachments: #1 Exhibit A - Home Depot Plan, #2 Exhibit B - COBRA Notice, #3 Exhibit C - DOL Model Notice, #4 Exhibit D - Amicus Brief, #5 Exhibit E - EBSA Guide, #6 Exhibit F - 2019 SPD, #7 Exhibit G - 2020 SPD, #8 Exhibit H - Letter Invoking Administrative Remedies, #9 Exhibit I - Response to Letter Invoking Administrative Remedies, #10 Exhibit J - Report and Recommendation)(Downs, Tiffany)
October 20, 2020 Filing 48 APPLICATION for Admission of Nicholas S. Andrews Pro Hac Vice.by Home Depot U.S.A. Inc., The Administrative Committee Home Depot U.S.A., Inc.. (Downs, Tiffany) Documents for this entry are not available for viewing outside the courthouse.
October 20, 2020 Filing 47 APPLICATION for Admission of Shane Thomas Munoz Pro Hac Vice.by Home Depot U.S.A. Inc., The Administrative Committee Home Depot U.S.A., Inc.. (Downs, Tiffany) Documents for this entry are not available for viewing outside the courthouse.
October 20, 2020 RETURN of #41 APPLICATION for Admission of Shane Thomas Munoz Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10272420). to attorney for correction regarding form. (nmb)
October 20, 2020 RETURN of #42 APPLICATION for Admission of Nicholas S. Andrews Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10272501). to attorney for correction regarding form. (nmb)
October 19, 2020 Filing 46 APPLICATION for Admission of Luis A. Cabassa Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10277216).by Travis Mendiola. (Lakraj, Adeash) Documents for this entry are not available for viewing outside the courthouse.
October 19, 2020 Filing 45 APPLICATION for Admission of Brandon J. Hill Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10277206).by Travis Mendiola. (Lakraj, Adeash) Documents for this entry are not available for viewing outside the courthouse.
October 19, 2020 Filing 44 APPLICATION for Admission of Marc R. Edelman Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10276093).by Travis Mendiola. (Lakraj, Adeash) Documents for this entry are not available for viewing outside the courthouse.
October 16, 2020 Filing 43 Application for Refund of Fees paid online through Pay.gov for receipt number AGANDC-10270661. (Attachments: #1 Supplement Email confirmation)(Downs, Tiffany)
October 16, 2020 Filing 42 APPLICATION for Admission of Nicholas S. Andrews Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10272501).by Home Depot U.S.A. Inc., The Administrative Committee Home Depot U.S.A., Inc.. (Downs, Tiffany) Documents for this entry are not available for viewing outside the courthouse.
October 16, 2020 Filing 41 APPLICATION for Admission of Shane Thomas Munoz Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10272420).by Home Depot U.S.A. Inc., The Administrative Committee Home Depot U.S.A., Inc.. (Downs, Tiffany) Documents for this entry are not available for viewing outside the courthouse.
October 8, 2020 Filing 40 NOTICE of Appearance by Tiffany D. Downs on behalf of Home Depot U.S.A. Inc., The Administrative Committee Home Depot U.S.A., Inc. (Downs, Tiffany)
October 6, 2020 Filing 39 First AMENDED COMPLAINT against Home Depot U.S.A. Inc., The Administrative Committee Home Depot U.S.A., Inc. filed by Travis Mendiola.(Lakraj, Adeash) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form.
October 6, 2020 Filing 38 NOTICE of Appearance by Adeash Amarnauth Lakraj on behalf of Travis Mendiola (Lakraj, Adeash)
September 30, 2020 Filing 37 NOTICE FROM THE COURT: INSTRUCTIONS FOR CIVIL CASES ASSIGNED TO THE HONORABLE ELEANOR L. ROSS. (mlb)
September 30, 2020 Clerk's Certificate of Mailing as to Home Depot U.S.A. Inc. re #36 Order. (aar)
September 30, 2020 Opinion or Order Filing 36 EIGHTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID19 AND RELATED CORONA VIRUS Signed by Judge Thomas W. Thrash, Jr. on 09/28/20. (aar)
September 30, 2020 Filing 35 Case transferred in from District of Florida Middle; Case Number 8:20-cv-01561. Original file certified copy of transfer order and docket sheet received.
September 29, 2020 Opinion or Order Filing 34 ORDER: "Defendants' Motion to Transfer Venue" (Doc. #13 ) is hereby granted. The Clerk is directed to transfer this case to the Northern District of Georgia, Atlanta Division for all further proceedings. Following transfer, the Clerk is directed to terminate any pending motions and deadlines, and thereafter close the case. See Order for details. Signed by Judge Thomas P. Barber on 09/29/2020.(MLW) [Transferred from Florida Middle on 9/30/2020.]
September 25, 2020 Opinion or Order Filing 33 ENDORSED ORDER: Parties' "Joint Motion for Defendants' Leave to File Reply in Support of Motion to Transfer Venue and to Stay the Case and for Plaintiff's Leave to File Sur-Reply" (Doc. #23 ) is denied. Signed by Judge Thomas P. Barber on 09/25/2020. (MLW) [Transferred from Florida Middle on 9/30/2020.]
September 22, 2020 Filing 32 MOTION to Dismiss (Dispositive) Complaint by Home Depot U.S.A., Inc., The Administrative Committee Home Depot U.S.A., Inc. (Attachments: #1 Exhibit A - Home Depot Medical and Dental Plan, #2 Exhibit B - COBRA Notice, #3 Exhibit C - DOL Model Notice, #4 Exhibit D - EBSA Guide, #5 Exhibit E - 2019 SPD, #6 Exhibit F -2020 SPD, #7 Exhibit G - Letter Invoking Administrative Remedies, #8 Exhibit H - Response to Letter Invoking Administrative Remedies, #9 Exhibit I - Report and Recommendation)(Munoz, Shane) Modified text on 9/23/2020 (MCB). [Transferred from Florida Middle on 9/30/2020.]
September 21, 2020 Opinion or Order Filing 31 ENDORSED ORDER: "Defendant's Unopposed Motion for Leave of the Court to Exceed Page Limitation for Motion to Dismiss and for Stay of Discovery Pending Ruling" (Doc. #29 ) is denied. Lengthy written submissions are generally unhelpful. The motion and supporting memorandum of law should concisely identify the legal issues, arguments, and any sources of supporting legal authority. Signed by Judge Thomas P. Barber on 9/21/2020. (ANL) [Transferred from Florida Middle on 9/30/2020.]
September 21, 2020 Filing 30 NOTICE of mediation conference/hearing to be held on March 1, 2021 at 9:30 a.m. before Carlos Burruezo.(Hill, Brandon) [Transferred from Florida Middle on 9/30/2020.]
September 18, 2020 Filing 29 Unopposed MOTION to File Excess Pages To Exceed Page Limitation For Motion To Dismiss And For Stay of Discovery Pending Ruling by Home Depot U.S.A., Inc., The Administrative Committee Home Depot U.S.A., Inc. (Andrews, Nicholas) Modified text on 9/21/2020 (MCB). [Transferred from Florida Middle on 9/30/2020.]
September 18, 2020 Filing 28 NOTICE OF RESCHEDULING HEARING: A Final Pretrial Conference is scheduled for JANUARY 12, 2022 at 01:30 PM in Tampa Courtroom 14 A before Judge Thomas P. Barber. The Bench Trial previously scheduled before Judge Mary S. Scriven is reset for term commencing 2/7/2022 before Judge Thomas P. Barber. (SRC) [Transferred from Florida Middle on 9/30/2020.]
September 17, 2020 Opinion or Order Filing 27 ENDORSED ORDER: Plaintiff's "Unopposed Motion for Extension of Time for Plaintiff to File Motion for Class Certification" (Doc. #26 ) is granted. Plaintiff may file the class certification motion on or before December 7, 2020. Signed by Judge Thomas P. Barber on 9/17/2020. (ANL) [Transferred from Florida Middle on 9/30/2020.]
September 16, 2020 Filing 26 Unopposed MOTION for Extension of Time to File Motion Seeking Class Certification by Travis Mendiola. (Hill, Brandon) [Transferred from Florida Middle on 9/30/2020.]
September 15, 2020 Filing 25 Case Reassigned to Judge Thomas P. Barber. New case number: 8:20-cv-1561-T-60SPF. Judge Mary S. Scriven no longer assigned to the case. (AG) [Transferred from Florida Middle on 9/30/2020.]
September 15, 2020 Opinion or Order Filing 24 ORDER GRANTING #17 Defendants' Local Rule 1.04(a) Motion to Transfer. This case is hereby TRANSFERRED to Judge Thomas P. Barber for all further proceedings. Signed by Judge Mary S. Scriven on 9/15/2020. (MWC) [Transferred from Florida Middle on 9/30/2020.]
September 11, 2020 Filing 23 Joint MOTION for Leave to File Reply In Support of #13 Motion to Transfer Venue and Stay The Case and For Plaintiff's Leave to File Sur-Reply by Home Depot U.S.A., Inc., The Administrative Committee Home Depot U.S.A., Inc. (Andrews, Nicholas) Modified event and text on 9/14/2020 (MCB). [Transferred from Florida Middle on 9/30/2020.]
September 4, 2020 Opinion or Order Filing 22 ENDORSED ORDER GRANTING #21 Defendants' Unopposed Motion for Extension of Time to Respond to Complaint. Defendants shall have up to and including September 22, 2020 to file their answer or otherwise respond to the Complaint. Signed by Judge Mary S. Scriven on 9/4/2020. (MWC) [Transferred from Florida Middle on 9/30/2020.]
September 3, 2020 Filing 21 Unopposed MOTION for Extension of Time to File Response/Reply as to #1 Complaint by Home Depot U.S.A., Inc., The Administrative Committee Home Depot U.S.A., Inc. (Andrews, Nicholas) Modified on 9/4/2020 (TDC). [Transferred from Florida Middle on 9/30/2020.]
September 2, 2020 Filing 20 RESPONSE in Opposition re #17 MOTION for Miscellaneous Relief, specifically To Transfer, Pursuant to Local Rule 1.04(a) filed by Travis Mendiola. (Hill, Brandon) [Transferred from Florida Middle on 9/30/2020.]
August 31, 2020 Filing 19 RESPONSE in Opposition re #13 MOTION to Change Venue / Transfer Case filed by Travis Mendiola. (Hill, Brandon) [Transferred from Florida Middle on 9/30/2020.]
August 27, 2020 Opinion or Order Filing 18 CASE MANAGEMENT AND SCHEDULING ORDER: Pretrial statement due by 12/9/2021; Bench Trial set for the February 2022 trial term, which commences on 1/31/2022, with a more precise date to follow. Conduct mediation hearing by 3/17/2021. Lead counsel to coordinate dates. Signed by Judge Mary S. Scriven on 8/27/2020. (KAC) [Transferred from Florida Middle on 9/30/2020.]
August 19, 2020 Filing 17 MOTION for Miscellaneous Relief, specifically To Transfer, Pursuant to Local Rule 1.04(a) by Home Depot U.S.A., Inc., The Administrative Committee Home Depot U.S.A., Inc. (Munoz, Shane) [Transferred from Florida Middle on 9/30/2020.]
August 17, 2020 Filing 16 CASE MANAGEMENT REPORT. (Hill, Brandon) [Transferred from Florida Middle on 9/30/2020.]
August 14, 2020 Opinion or Order Filing 15 ENDORSED ORDER GRANTING #14 Plaintiff's Unopposed Motion for Extension of Time to Respond to Defendants' Motion to Transfer Venue. Plaintiff shall have up to and including August 31, 2020 to respond to Defendants' Motion to Transfer Venue. Signed by Judge Mary S. Scriven on 8/14/2020. (MWC) [Transferred from Florida Middle on 9/30/2020.]
August 13, 2020 Filing 14 Unopposed MOTION for Extension of Time to File Response/Reply as to #13 MOTION to Change Venue / Transfer Case by Travis Mendiola. (Hill, Brandon) [Transferred from Florida Middle on 9/30/2020.]
August 3, 2020 Filing 13 MOTION to Change Venue / Transfer Case by Home Depot U.S.A., Inc., The Administrative Committee Home Depot U.S.A., Inc.. (Attachments: #1 Affidavit Declaration of Nicole Byrom, #2 Exhibit A to Declaration of N. Byrom, #3 Exhibit B to Declaration of N. Byrom, #4 Exhibit C to Declaration of N. Byrom, #5 Exhibit D to Declaration of N. Byrom, #6 Exhibit E to Declaration of N. Byrom, #7 Exhibit F to Declaration of N. Byrom)(Munoz, Shane) [Transferred from Florida Middle on 9/30/2020.]
July 29, 2020 Filing 12 CERTIFICATE of interested persons and corporate disclosure statement re #5 Interested persons order by Home Depot U.S.A., Inc., The Administrative Committee Home Depot U.S.A., Inc.. (Andrews, Nicholas) [Transferred from Florida Middle on 9/30/2020.]
July 29, 2020 Filing 11 NOTICE of pendency of related cases re #4 Related case order and track 2 notice per Local Rule 1.04(d) by Home Depot U.S.A., Inc., The Administrative Committee Home Depot U.S.A., Inc.. Related case(s): Yes (Andrews, Nicholas) [Transferred from Florida Middle on 9/30/2020.]
July 24, 2020 Filing 10 CERTIFICATE of interested persons and corporate disclosure statement re #5 Interested persons order by Travis Mendiola. (Hill, Brandon) [Transferred from Florida Middle on 9/30/2020.]
July 24, 2020 Filing 9 NOTICE of pendency of related cases re #4 Related case order and track 2 notice per Local Rule 1.04(d) by Travis Mendiola. Related case(s): yes (Hill, Brandon) [Transferred from Florida Middle on 9/30/2020.]
July 20, 2020 Filing 8 NOTICE of Appearance by Nicholas S. Andrews on behalf of Home Depot U.S.A., Inc., The Administrative Committee Home Depot U.S.A., Inc. (Andrews, Nicholas) [Transferred from Florida Middle on 9/30/2020.]
July 20, 2020 Filing 7 NOTICE of Appearance by Shane T. Munoz on behalf of Home Depot U.S.A., Inc., The Administrative Committee Home Depot U.S.A., Inc. (Munoz, Shane) [Transferred from Florida Middle on 9/30/2020.]
July 15, 2020 Filing 6 WAIVER of service returned executed on July 9, 2020 by Travis Mendiola as to Home Depot U.S.A., Inc., The Administrative Committee Home Depot U.S.A., Inc.. (Hill, Brandon) [Transferred from Florida Middle on 9/30/2020.]
July 10, 2020 Opinion or Order Filing 5 INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 7/24/2020. Signed by Judge Mary S. Scriven on 7/10/2020. (KAC) [Transferred from Florida Middle on 9/30/2020.]
July 10, 2020 Opinion or Order Filing 4 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 7/24/2020. Signed by Judge Mary S. Scriven on 7/10/2020. (KAC) [Transferred from Florida Middle on 9/30/2020.]
July 9, 2020 Filing 3 SUMMONS issued as to Home Depot U.S.A., Inc., The Administrative Committee Home Depot U.S.A., Inc. (JNB) [Transferred from Florida Middle on 9/30/2020.]
July 9, 2020 Filing 2 NEW CASE ASSIGNED to Judge Mary S. Scriven and Magistrate Judge Sean P. Flynn. New case number: 8:20-cv-1561-T-35SPF. (SJB) [Transferred from Florida Middle on 9/30/2020.]
July 9, 2020 Filing 1 COMPLAINT (CLASS ACTION) against Home Depot U.S.A., Inc., The Administrative Committee Home Depot U.S.A., Inc. (Filing fee $ 400 receipt number 113A-17034463) filed by Travis Mendiola. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons)(Hill, Brandon) [Transferred from Florida Middle on 9/30/2020.]

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Plaintiff: Travis Mendiola
Represented By: Brandon J. Hill
Represented By: Luis A. Cabassa
Represented By: Marc R. Edelman
Represented By: Adeash Amarnauth Lakraj
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Defendant: Home Depot U.S.A. Inc.
Represented By: Shane T. Munoz
Represented By: Nicholas S. Andrews
Represented By: Tiffany D. Downs
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Defendant: The Administrative Committee Home Depot U.S.A., Inc.
Represented By: Shane T. Munoz
Represented By: Nicholas S. Andrews
Represented By: Tiffany D. Downs
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Not classified by court: Carlos J. Burruezo
Represented By: Carlos J. Burruezo
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