Kengne v. Freeman et al
| Raissa Djuissi Kengne |
| Wesley Freeman, BDO USA, LLP, Scott Meier, Paul Davison, Jason Cuda, Justin Wilkes, Anthony Reh, Peter Poppo, Mark Davenport, Johnson Wong, Justin Mungal, Beacon Management Services, LLC, Lisa Simmons, Steven Weibel, 1280 West Condominium Association, Michael Shinners, Micah Kurtzberg, Ronnie Bridges, Brett Dettmering, Michael Shaffer, Rohan Rupani, Finch McCranie, Michael Sullivan, Walter Jospin, Interface Inc., Atlanticus Holdings Corporation, Spar Group, Inc., Biohorizons Implant Systems, Inc. and Kas Naderi |
| 1:2022cv02653 |
| July 5, 2022 |
| US District Court for the Northern District of Georgia |
| Sarah E Geraghty |
| Catherine M Salinas |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e Job Discrimination (other) |
| Both |
Docket Report
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This docket was last retrieved on December 5, 2022. A more recent docket listing may be available from PACER.
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| Clerk's Certificate of Mailing as to Raissa Djuissi Kengne re #51 Order, #52 Clerk's Judgment, #54 Order. (ane) |
Filing 54
ORDER: The Court has reviewed Plaintiff's #53 reply and determined that it does not alter the Court's reasoning or rulings. The Court therefore REAFFIRMS the November 18 order. (Doc. 51.) Signed by Judge Sarah E. Geraghty on 12/2/2022. (ane)
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| Filing 53 Plaintiff's Response in Opposition to Defendants' Joint Response to Plaintiff's Objections to Non-Final Report and Recommendation and Order by Raissa Djuissi Kengne (ane) |
| Filing 52 CLERK'S JUDGMENT dismissing action (ane)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- |
| Clerk's Certificate of Mailing as to Raissa Djuissi Kengne re #51 Order, #52 Clerk's Judgment. (ane) |
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Filing 51
ORDER: The Court OVERRULES Ms. Kengne's objections to the Magistrate Judge's R&Rs and Order. The Court ADOPTS the #33 , #36 R&Rs and DENIES AS MOOT the pending motions to dismiss and to stay discovery [Docs. #10 , #12 , #13 , #14 , #15 , #17 , #19 , #20 , #32 , #42 ]. The case is DISMISSED WITHOUT PREJUDICE for want of prosecution pursuant to Local Rule 41.3(A)(1), NDGa and for and for failure to obey a lawful order of the Court pursuant to Local Rule 41.3(A)(2). Signed by Judge Sarah E. Geraghty on 11/18/2022. (ane)
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| Civil Case Terminated. Magistrate Judge Catherine M. Salinas terminated from case. (ane) |
| Submission of #33 REPORT AND RECOMMENDATION and #36 SUPPLEMENTAL REPORT AND RECOMMENDATION to District Judge Sarah E. Geraghty. (sap) |
| Filing 50 USCA Clerk's Entry of Dismissal for want of prosecution because the appellant failed to pay the filing and docketing fees to the district court, or alternatively, file a motion to proceed in forma pauperis in district court, within the time fixed by the rules re: #39 Notice of Appeal. This appeal is also dismissed because the appellant failed to comply with the rules on Certificates of Interested Persons and Corporate Disclosure Statements. Case Appealed to USCA - 11th Circuit. USCA Case Number 22-12813-JJ. (kac) |
| Filing 49 RESPONSE re #46 Reply to Objection to Report and Recommendation,, Adoption of Defendants' Join Response to Plaintiff's Objections to Non-Final Report and Recommendation and Order filed by Walter Jospin, Finch McCranie, Michael Sullivan. (Whitlock, Kathryn) |
| Filing 48 SUGGESTION OF DEATH Upon the Record by 1280 West Condominium Association, Beacon Management Services, LLC, Ronnie Bridges, Brett Dettmering, Micah Kurtzberg, Rohan Rupani, Michael Shaffer, Michael Shinners, Lisa Simmons, Steven Weibel. (LoMonaco, Jason) |
| Filing 47 SUGGESTION OF DEATH Upon the Record as to Wesley Freeman by BDO USA, LLP. (Nichols, Alan) |
| Filing 46 REPLY to Objection to Report and Recommendation re #38 Objections to Report and Recommendation, filed by 1280 West Condominium Association, Atlanticus Holdings Corporation, BDO USA, LLP, Beacon Management Services, LLC, Biohorizons Implant Systems, Inc., Ronnie Bridges, Jason Cuda, Mark Davenport, Paul Davison, Brett Dettmering, Interface Inc., Micah Kurtzberg, Scott Meier, Justin Mungal, Kas Naderi, Peter Poppo, Anthony Reh, Rohan Rupani, Michael Shaffer, Lisa Simmons, Steven Weibel, Justin Wilkes, Johnson Wong. (Attachments: #1 Exhibit A - Jail Record)(Nichols, Alan) |
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Filing 45
ORDER GRANTING #44 Motion for Extension of Time to File Response. Responses to Plaintiff's #38 Objections to the #33 Non-Final Report and Recommendation are due September 9, 2022. Signed by Judge Sarah E. Geraghty on 8/29/2022. (ane)
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| Clerk's Certificate of Mailing as to Raissa Djuissi Kengne re #45 Order on Motion for Extension of Time. (ane) |
| Filing 44 MOTION for Extension of Time File Response by 1280 West Condominium Association, Atlanticus Holdings Corporation, BDO USA, LLP, Beacon Management Services, LLC, Biohorizons Implant Systems, Inc., Ronnie Bridges, Jason Cuda, Mark Davenport, Paul Davison, Brett Dettmering, Interface Inc., Micah Kurtzberg, Scott Meier, Kas Naderi, Peter Poppo, Anthony Reh, Rohan Rupani, Michael Shaffer, Lisa Simmons, Steven Weibel, Justin Wilkes, Johnson Wong. (Attachments: #1 Text of Proposed Order Proposed Order)(Nichols, Alan) |
| Filing 43 USCA Acknowledgment of #39 Notice of Appeal filed by Raissa Djuissi Kengne. Case Appealed to USCA - 11th Circuit. USCA Case Number 22-12813-J. (kac) |
| Filing 41 USCA Appeal Transmission Letter to 11th Circuit re: #39 Notice of Appeal filed by Raissa Djuissi Kengne. (kac) |
| Filing 40 Deficiency Letter issued to Appellant re: #39 Notice of Appeal filed by Raissa Djuissi Kengne. Reasons for deficiency: Appeal fee not received. Application for IFP not received. (kac) |
| Transmission of Certified Copy of Notice of Appeal, Orders, Report and Recommendation, and Docket Sheet to US Court of Appeals re: #39 Notice of Appeal.(kac) |
| Filing 42 MOTION to Stay the Case and Brief In Support by Raissa Djuissi Kengne. (ane) |
| Filing 39 NOTICE OF APPEAL as to #34 Order for Service of Report and Recommendation, #37 Order for Service of Report and Recommendation, Order on Motion to Stay, Order on Motion to Remand to State Court by Raissa Djuissi Kengne. (Attachments: #1 Brief in Suport - Part 1, #2 Brief in Support - Part 2, #3 Brief in Support - Part 3, #4 Exhibit 1A - Part 1, #5 Exhibit 1A - Part 2, #6 Exhibit 1A - Part 3, #7 Exhibit 1A - Part 4, #8 Exhibit 1A - Part 5, #9 Exhibit 1A - Part 6, #10 Exhibit 1A - Part 7, #11 Exhibit 1B - Part 1, #12 Exhibit 1B - Part 2, #13 Exhibit 1B - Part 3, #14 Exhibit 2, #15 Exhibit 3, #16 Exhibit 4, #17 Exhibit 5, #18 Exhibit 6, #19 Exhibit 7, #20 Exhibit 8, #21 Exhibit 9, #22 Exhibit 10, #23 Exhibit 11, #24 Exhibit 12, #25 Exhibit 13, #26 Exhibit 14, #27 Exhibit 15, #28 Exhibit 16, #29 Exhibit 17)(kac) |
| Filing 38 OBJECTIONS to #33 Report and Recommendation filed by Raissa Djuissi Kengne. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5a, #6 Exhibit 5b, #7 Exhibit 6 (a-b), #8 Exhibit 7, #9 Exhibit 8)(rsg) |
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Filing 37
ORDER for Service of #36 Report and Recommendation, by Magistrate Judge Catherine M. Salinas. Each party may file written objections to the Report & Recommendation within 14 days of service. If no objections are filed, the Report & Recommendation may be adopted as the opinion and order of the District Court. Signed by Magistrate Judge Catherine M. Salinas on 07/28/2022. (rsg)
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Filing 36
SUPPLEMENTAL REPORT AND RECOMMENDATION re #32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Spar Group, Inc.. I am issuing this Supplemental Report and Recommendation to recommend that for the reasons discussed and stated in my Non-Final Report and Recommendation and Order dated July 25, 2022 [Doc. #33 ], I FURTHER RECOMMEND that the motion to dismiss filed by SPAR [Doc. 32] also be denied as moot (without prejudice to re-file), because it is similarly directed to Plaintiff's original complaint which no longer is the operative pleading before the Court. Signed by Magistrate Judge Catherine M. Salinas on 07/28/2022. (rsg) Modified text on 7/28/2022 (rsg).
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| Clerk's Certificate of Mailing as to Raissa Djuissi Kengne re #36 REPORT AND RECOMMENDATION, #37 Order for Service of Report and Recommendation. (rsg) |
| Filing 35 NOTICE Of Filing Exhibits by Raissa Djuissi Kengne re #31 MOTION to Remand to State Court with Brief In Support. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(rsg) |
| Clerk's Certificate of Mailing as to Raissa Djuissi Kengne re #34 Order for Service of Report and Recommendation, #33 REPORT AND RECOMMENDATION. (rsg) |
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Filing 34
ORDER for Service of #33 Report and Recommendation, by Magistrate Judge Catherine M. Salinas. Each party may file written objections to the Report & Recommendation within 14 days of service. If no objections are filed, the Report & Recommendation may be adopted as the opinion and order of the District Court. Signed by Magistrate Judge Catherine M. Salinas on 07/25/2022. (rsg) Modified on 7/26/2022 (rsg).
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| Filing 33 REPORT AND RECOMMENDATION that the pending motions to dismiss [Docs. #10 , #12 , #13 , #14 , #15 , #17 , #19 ] be DENIED AS MOOT since they are directed at Plaintiff's original complaint, which no longer is the operative pleading before the Court. I further RECOMMEND that the defendants' joint motion to stay discovery until the Court rules on their motions to dismiss [Doc. #20 ] be DENIED AS MOOT. Finally, I note that late this afternoon, Plaintiff filed two motions: (1) a motion to remand her case to state court; and (2) a motion to stay all motions to dismiss until the Court rules on Plaintiff's motion to remand. [Docs. #30 , #31 ]. I will DENY these motions as moot because I am striking Plaintiff's Complaint and giving her the opportunity to re-plead her claims. If Plaintiff wishes to litigate in state court rather than federal court, she should carefully consider which claims she raises in her amended complaint. By asserting federal claims (including, for example, claims under Title VII, the Dodd-Frank Wall Street Reform and Consumer Protection Act, and other federal claims in Counts One through Five, Nine, and Seventeen through Twenty), she will create federal jurisdiction, and the defendants will be successful in keeping this case in federal court. The Clerk of Court is DIRECTED TO STRIKE Plaintiff's original complaint from the docket [Doc. #1 -1] as a prohibited shotgun complaint. Signed by Magistrate Judge Catherine M. Salinas on 07/25/2022. (rsg) Modified on 7/26/2022 (rsg). |
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ORDER denying #30 Motion to Stay; denying #31 Motion to Remand to State Court. (Ruled on within the #33 R&R.) Signed by Magistrate Judge Catherine M. Salinas on 07/25/2022. (rsg) Modified on 7/26/2022 (rsg).
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| Filing 32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Spar Group, Inc.. (Tidwell, Thomas) |
| Filing 31 MOTION to Remand to State Court with Brief In Support by Raissa Djuissi Kengne. (Attachments: #1 Brief, #2 Notice to State Court, #3 Text of Proposed Order)(rsg) |
| Filing 30 MOTION to Staying all motions to dismiss by Raissa Djuissi Kengne. (Attachments: #1 Text of Proposed Order)(rsg) |
| Filing 29 Corporate Disclosure Statement by 1280 West Condominium Association, Beacon Management Services, LLC, Ronnie Bridges, Brett Dettmering, Micah Kurtzberg, Rohan Rupani, Michael Shaffer, Michael Shinners, Lisa Simmons, Steven Weibel.(LoMonaco, Jason) |
| Filing 28 Certification of Consent to Substitution of Counsel. Kathryn S. Whitlock added as attorney. (Whitlock, Kathryn) |
| Filing 27 Corporate Disclosure Statement by Walter Jospin, Finch McCranie, Michael Sullivan.(Whitlock, Kathryn) |
| Clerk's Certificate of Mailing as to Seth L. Friedman re #8 APPLICATION for Admission of Seth Friedman Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11918333). (rsg) |
| Refund in the amount of $150.00 has been processed, effective 7/18/2022 in response to Clerks Action on Application for Refund of Fees paid online. (kns) |
| Clerk's Certificate of Mailing as to Madeline E. Brunner re #24 Order on Application for Admission PHV. (rsg) |
| Clerk's Certificate of Mailing as to of John P. McDonald re #25 Order on Application for Admission PHV. (rsg) |
| Clerk's Certificate of Mailing as to of Jonathan A. Henry re #26 Order on Application for Admission PHV. (rsg) |
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Filing 26
ORDER granting #4 Application for Admission of Jonathan A. Henry Pro Hac Vice. Signed by Judge Sarah E. Geraghty on 07/15/2022. 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.(rsg)
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Filing 25
ORDER granting #6 Application for Admission of John P. McDonald Pro Hac Vice. Signed by Judge Sarah E. Geraghty on 07/15/2022. 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.(rsg)
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Filing 24
ORDER granting #7 Application for Admission of Madeline E. Brunner Pro Hac Vice. Signed by Judge Sarah E. Geraghty on 07/15/2022. 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.(rsg)
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Filing 23
ORDER granting #8 Application for Admission of Seth Friedman Pro Hac Vice. Signed by Judge Sarah E. Geraghty on 07/15/2022. 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.(rsg)
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| APPROVAL by Clerks Office re: #8 APPLICATION for Admission of Seth Friedman Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11918333).. Attorney Seth L. Friedman added appearing on behalf of BDO USA, LLP, Jason Cuda, Mark Davenport, Paul Davison, Wesley Freeman, Scott Meier, Peter Poppo, Anthony Reh, Justin Wilkes, Johnson Wong (gas) |
| Filing 22 Certificate of Interested Persons by Interface Inc.. (Hudson, Stephen) |
| Clerks Approval re #9 Application for Refund of Fees paid online. (mec) |
| Filing 21 Certificate of Interested Persons and Corporate Disclosure Statement by Biohorizons Implant Systems, Inc. identifying Corporate Parent Henry Schein, Inc., Corporate Parent BioHorizons, Inc. for Biohorizons Implant Systems, Inc.. (Campbell, Elizabeth) |
| Filing 20 MOTION to Stay with Brief In Support by 1280 West Condominium Association, Atlanticus Holdings Corporation, BDO USA, LLP, Beacon Management Services, LLC, Biohorizons Implant Systems, Inc., Ronnie Bridges, Jason Cuda, Mark Davenport, Paul Davison, Brett Dettmering, Wesley Freeman, Interface Inc., Walter Jospin, Micah Kurtzberg, Finch McCranie, Scott Meier, Justin Mungal, Kas Naderi, Peter Poppo, Anthony Reh, Rohan Rupani, Michael Shaffer, Michael Shinners, Lisa Simmons, Michael Sullivan, Steven Weibel, Justin Wilkes, Johnson Wong. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Brief Supporting Brief)(Nichols, Alan) |
| Filing 19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Biohorizons Implant Systems, Inc.. (Attachments: #1 Brief)(Campbell, Elizabeth) |
| Filing 18 Certificate of Interested Persons by Atlanticus Holdings Corporation, Kas Naderi. (Weeks, Mary) |
| Filing 17 MOTION to Dismiss with Brief In Support by Atlanticus Holdings Corporation, Kas Naderi. (Attachments: #1 Brief)(Weeks, Mary) |
| Filing 16 NOTICE of Appearance by Mary M. Weeks on behalf of Atlanticus Holdings Corporation, Kas Naderi (Weeks, Mary) |
| Filing 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Walter Jospin, Finch McCranie, Michael Sullivan. (Attachments: #1 Brief)(Whitlock, Kathryn) |
| Filing 14 MOTION to Dismiss with Brief In Support by Jason Cuda, Mark Davenport, Paul Davison, Wesley Freeman, Scott Meier, Peter Poppo, Anthony Reh, Justin Wilkes, Johnson Wong. (Attachments: #1 Brief Supporting Brief, #2 Exhibit Ex. A - DOL Complaint, #3 Exhibit Ex. B - Service Forms, #4 Exhibit Ex. C - SOXDeskAid)(Nichols, Alan) |
| Filing 13 MOTION to Dismiss with Brief In Support by Interface Inc.. (Hudson, Stephen) |
| Filing 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by 1280 West Condominium Association, Beacon Management Services, LLC, Ronnie Bridges, Brett Dettmering, Micah Kurtzberg, Rohan Rupani, Michael Shaffer, Michael Shinners, Lisa Simmons, Steven Weibel. (Attachments: #1 Brief Brief in Support of Its Motion to dismiss)(LoMonaco, Jason) |
| Filing 11 NOTICE of Appearance by Jason LoMonaco on behalf of 1280 West Condominium Association, Beacon Management Services, LLC, Ronnie Bridges, Brett Dettmering, Micah Kurtzberg, Rohan Rupani, Michael Shaffer, Michael Shinners, Lisa Simmons, Steven Weibel (LoMonaco, Jason) |
| Filing 10 MOTION to Dismiss with Brief In Support by BDO USA, LLP. (Attachments: #1 Brief Supporting Brief, #2 Exhibit Odyssey Docket, #3 Exhibit DOL Complaint)(Nichols, Alan) |
| Filing 9 Application for Refund of Fees paid online through Pay.gov for receipt number AGANDC-11918298. (Attachments: #1 Exhibit Payment Confirmation)(Nichols, Alan) |
| APPROVAL by Clerks Office re: #4 APPLICATION for Admission of Jonathan A. Henry Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11911081).. Attorney Jonathan Henry added appearing on behalf of BDO USA, LLP, Jason Cuda, Mark Davenport, Paul Davison, Wesley Freeman, Scott Meier, Peter Poppo, Anthony Reh, Justin Wilkes, Johnson Wong (gas) |
| APPROVAL by Clerks Office re: #6 APPLICATION for Admission of John P. McDonald Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11911923).. Attorney John Patrick McDonald added appearing on behalf of Biohorizons Implant Systems, Inc. (gas) |
| APPROVAL by Clerks Office re: #7 APPLICATION for Admission of Madeline E. Brunner Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11911936).. Attorney Madeleine Brunner added appearing on behalf of Biohorizons Implant Systems, Inc. (gas) |
| Filing 8 APPLICATION for Admission of Seth Friedman Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11918333).by BDO USA, LLP, Jason Cuda, Mark Davenport, Paul Davison, Wesley Freeman, Scott Meier, Peter Poppo, Anthony Reh, Justin Wilkes, Johnson Wong. (Nichols, Alan) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 7 APPLICATION for Admission of Madeline E. Brunner Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11911936).by Biohorizons Implant Systems, Inc.. (Campbell, Elizabeth) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 6 APPLICATION for Admission of John P. McDonald Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11911923). with Brief In Support by Biohorizons Implant Systems, Inc.. (Campbell, Elizabeth) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 5 NOTICE of Appearance by Elizabeth J. Campbell on behalf of Biohorizons Implant Systems, Inc. (Campbell, Elizabeth) |
| Filing 4 APPLICATION for Admission of Jonathan A. Henry Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11911081).by BDO USA, LLP, Jason Cuda, Mark Davenport, Paul Davison, Wesley Freeman, Scott Meier, Peter Poppo, Anthony Reh, Justin Wilkes, Johnson Wong. (Nichols, Alan) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 3 Certificate of Interested Persons by BDO USA, LLP. (Nichols, Alan) |
| Filing 2 ANSWER to #1 NOTICE OF REMOVAL with Jury Demand filed on 6/17/2022 in the Fulton County Superior Court by Justin Mungal. Discovery ends on 12/2/2022.(tas) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 1 NOTICE OF REMOVAL with COMPLAINT filed by BDO USA, LLP. (Filing fee $ 402 receipt number AGANDC-11907003) (Attachments: #1 Exhibit A Striking Complaint per doc. #33 R&R and Order, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet)(tas) 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. Modified on 7/26/2022 (rsg). |
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