Olteanu v. Ford & Friedman
| Andreea Olteanu |
| Ford & Friedman |
| 1:2023cv00155 |
| April 4, 2023 |
| US District Court for the District of Hawaii |
| KENNETH J MANSFIELD |
| J MICHAEL SEABRIGHT |
| Real Property: Other |
| None |
Docket Report
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This docket was last retrieved on July 19, 2023. A more recent docket listing may be available from PACER.
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Filing 48
CLERK'S JUDGMENT entered on 7/19/2023 pursuant to ECF #47 ORDER DISMISSING ACTION. COURT'S CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants shall be served by First Class Mail to the addresses of record listed on the (NEF) on 7/19/2023. Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF).(jni)
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Filing 47
ORDER DISMISSING ACTION - Signed by JUDGE J. MICHAEL SEABRIGHT on 7/19/2023. In short, none of these filings establishes a basis for Plaintiff to amend her federal claims to cure the defects identified in the court's June 30 Order. Plaintiff has failed to demonstrate that Defendant itself created any contacts within Hawaii. As stated in the June 30 Order, the minimum contacts "analysis looks to the Defendant's contacts with the forum State itself, not the Defendant's contacts with persons who reside there." ECF No. 38 at PageID.418 (citing Walden v. Fiore, 571 U.S. 277, 28485 (2014)). The court thus dismisses Plaintiff's claims without leave to amend. See, e.g., Cervantes v. Countrywide Home Loans, Inc., 656 F.3d 1034, 1041 (9th Cir. 2011) ("Although leave to amend should be given freely, a district court may dismiss without leave where a plaintiff's proposed amendments would fail to cure the pleading deficiencies and amendment would be futile."). The court, as a result, also DENIES all outstanding motions as moot. The Clerk of Court shall close the case file.COURT'S CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants shall be served by First Class Mail to the addresses of record listed on the (NEF) on 7/19/2023. Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF). (jni)
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Filing 46
ADDITIONAL EXHIBITS in Support of Motion for Evidentiary Hearing re #43 - filed by Andreea Olteanu. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(jni) Modified on 7/17/2023 to provisionally restrict Exhibit 3 as it contains personal identifiers.(jni)
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Filing 45
ADDITIONAL EXHIBITS in Support of Motion for Evidentiary Hearing re #43 - filed by Andreea Olteanu. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(jni)
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Filing 44
ORIGINAL SIGNATURE of Plaintiff Andreea Olteanu re #43 EX PARTE Motion for an Evidentiary Hearing in Support of Memorandum in Support of an Amended Complaint. (Attachments: #1 Exhibit 1)(jni)
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Filing 43
EX PARTE Motion for an Evidentiary Hearing in Support of Memorandum in Support of an Amended Complaint - by Plaintiff Andreea Olteanu. (Attachments: #1 Exhibit 1)Note: Scanned document appears to be a Copy.(jni)
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Filing 42
DECLARATION in Support of a Motion for a Summary Judgement and Interlocutory Injunction - filed by Andreea Olteanu. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)Modified on 7/12/2023 to provisionally restrict Exhibit 1 as it contains personal identifiers. (jni)
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Filing 41
Plaintiff's SURREPLY in Support of Amended Complaint and in Support of Opposition to Motion to Dismiss - filed by Andreea Olteanu. (Attachments: #1 Exhibit 1)(jni)
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Filing 40
SUPPLEMENTAL DECLARATION in Lieu of Memorandum in Support of an Amended Complaint - by Andreea Olteanu. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(jni)
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Filing 39
EO: In light of the #38 Order issued by District Judge J. Michael Seabright, the Telephonic Rule 16 Scheduling Conference previously set for 07/07/2023 IS CONTINUED TO 08/02/2023 at 9:30 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Scheduling conference statement, if not already filed, are due by 07/26/2023.Parties are to participate via telephone through our ZOOM Teleconference. Call-in information for this conference is below. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing.Dial in number is 1-833-568-8864Access Code: 160 8983 1896 OBSERVERS: Call-in:1-650-479-3207, Code: 160 930 3683 (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF). A courtesy email of this Notice of Electronic Filing (NEF) was also sent to Pro Se Plaintiff Andreea Olteanu at the email address on record of aporcelli@swissgrowthforum.io on 07/03/2023.
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Filing 38
ORDER GRANTING MOTION TO DISMISS, ECF NO. 9, AND DENYING PLAINTIFF'S MOTIONS FOR PRELIMINARY INJUNCTION AND FOR TEMPORARY RESTRAINING ORDER, ECF. NOS. 22 & 35 re #9 , #22 , #35 - Signed by JUDGE J. MICHAEL SEABRIGHT on 6/30/2023. The court GRANTS the Defendant's Motion to Dismiss, ECF No.9, based on a lack of personal jurisdiction. As a result, the court likewise must necessarily DENY Plaintiff's pending Motions for Preliminary Injunction, ECF No. 22, and Motion for Temporary Restraining Order, ECF No. 35. See, e.g., Zepeda v. U.S. I.N.S., 753 F.2d 719, 727 (9th Cir. 1983) ("A federal court may issue an injunction if it has personal jurisdiction over the parties and subject matter jurisdiction over the claim; it may not attempt to determine the rights of persons not before the court."). The court seriously doubts whether an amendment to the Complaint could establish personal jurisdiction over Defendant in the District of Hawaii. Nevertheless, given Plaintiff's pro se status, the court will give Plaintiff leave to file a supplemental memorandum, consisting of no more than five pages (plus any attached documents), explaining how Plaintiff could amend her Complaint to establish personal jurisdiction over Defendant. That supplemental memorandum must be filed by July 14, 2023. Thereafter, the court will review the memorandum to determine whether to allow Plaintiff to file an Amended Complaint. Failure to file a supplemental memorandum by July 14, 2023, will result in dismissal of the action without prejudice.COURT'S CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants shall be served by First Class Mail to the addresses of record listed on the (NEF) on 7/3/2023. Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF).(jni)
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Filing 37
Scheduling Conference Statement for Defendant Ford & Friedman LLC. (Attachments: #1 Certificate of Service)(Marchuk, Jonathan)
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Filing 36
ADDITIONAL EXHIBITS in Support of Declaration in Support of Motion for the Issuance of a Temporary Restraining Order re #35 - filed by Andreea Olteanu. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(jni)
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Filing 35
MOTION for Issuance of Temporary Restraining Order; Exhibits 1-2 - by Plaintiff Andreea Olteanu. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(jni)
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Filing 34
DECLARATION in Support of Amended Complaint - by Andreea Olteanu. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(jni) Modified on 6/28/2023 to provisionally restrict Exhibit 3 as it contains personal identifiers. (jni)
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Filing 33
MEMORANDUM in Support re #9 MOTION to Dismiss pursuant to FRCP 12(b)(2), (3), and (6), due to failure to state a claim upon which relief can be granted, lack of personal jurisdiction and improper venue filed by Ford & Friedman. (Attachments: #1 Declaration of Jonathan N. Marchuk, #2 Exhibit "A", #3 Exhibit "B", #4 Certificate of Service)(Marchuk, Jonathan)
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Filing 32
MOTION to Leave to Amend Complaint; ATT: Amended Complaint - by Plaintiff Andreea Olteanu. (Attachments: #1 Exhibit #1, #2 Exhibit 2 & 4, #3 Exhibit #3, #4 Exhibit "5")(jni)
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Filing 31
REPORT of Planning Meeting . (Murakami, Mark)
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Filing 30
Corporate Disclosure Statement by Ford & Friedman. (Murakami, Mark)
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Filing 29
DECLARATION in Support of Amended Complaint filed by Andreea Olteanu. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8) (mdc)
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Filing 28
DECLARATION in Support of Amended Complaint Filed 6/13/2022 - filed by Andreea Olteanu. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)Note: Exhibits 1 and 4 provisionally restricted as they contain personal identifiers.(jni)
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Filing 27
DECLARATION in Support of Opposition to Motion to Dismiss; Exhibits 1-5 re #24 - filed by Andreea Olteanu. (Attachments: #1 Exhibit #1, #2 Exhibit #2, #3 Exhibit #3, #4 Exhibit #4, #5 Exhibit #5)(jni)
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Filing 26
SUPPLEMENT to Opposition to Motion to Dismiss; Table of Authorities; Exhibits 1-4 re #24 - filed by Andreea Olteanu. (Attachments: #1 Table of Authorities, #2 Exhibit #1, #3 Exhibit #2, #4 Exhibit #3, #5 Exhibit #4)(jni)
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Filing 25
NOTICE of Change of Phone Number - by Andreea Olteanu. COURT'S CERTIFICATE OF SERVICE - a copy of the foregoing was served to the filer at the Clerk's Office service counter. (jni)
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Filing 24
AFFIDAVIT IN SUPPORT OF OPPOSITION TO MOTION TO DISMISS; EXHIBITS 1-9 re #9 - filed by Andreea Olteanu. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 8, #8 Exhibit 9)(jni)
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Filing 23
EO: Pro se Plaintiff has filed a Motion for Preliminary Injunction. ECF No. #22 . The court is of the preliminary view that the case does not belong in this District Court. Pending before it are Defendant's Motion to Dismiss (for, among other things, lack of personal jurisdiction and improper venue), ECF No. #9 , and Plaintiff's Motion to Change Venue, ECF No. #18 . The court will not decide the Motion for Preliminary Injunction until it rules on the pending matters. (JUDGE J. MICHAEL SEABRIGHT)(rlfh)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
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Filing 22
MOTION for a Preliminary Injunction; Exhibits 1-7 - by Plaintiff Andreea Olteanu. (Attachments: #1 Exhibit #1, #2 Exhibit #2, #3 Exhibit #3, #4 Exhibit #4, #5 Exhibit #5, #6 Exhibit #6, #7 Exhibit #7)(jni)
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Filing 21
AMENDED EO: The court, for good cause shown, GRANTS Plaintiff's request for a continuance, ECF No. #19 , to file her opposition to Defendant's Motion to Dismiss, ECF No. #9 , to June 20, 2023. Defendant's optional reply is due June 27, 2023. (JUDGE J. MICHAEL SEABRIGHT)(rlfh)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF) Modified on 6/14/2023 (rlfh)
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Filing 20
EXHIBITS in Support of Complaint; Exhibits 1-12 re #1 - filed by Andreea Olteanu. (Attachments: #1 Exhibit #1, #2 Exhibit #2, #3 Exhibit #3, #4 Exhibit #4, #5 Exhibit #5, #6 Exhibit #6, #7 Exhibit #7, #8 Exhibit #8, #9 Exhibit #9, #10 Exhibit #10, #11 Exhibit #11, #12 Exhibit #12)(jni) Modified on 6/13/2023 to provisionally restrict exhibits 2, 5, 6 as they contain personal identifiers. (jni)
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Filing 19
(Motion for Extension of Time to Submit Opposition to Defendants' Motion to Dismiss) GENERAL AFFIDAVIT re #9 , 16 - by Plaintiff Andreea Olteanu. (Attachments: #1 Exhibit A)(jni)
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Filing 18
(Motion for Change of Venue) AFFIDAVIT; Exhibits A-B - by Andreea Olteanu. (Attachments: #1 Exhibit A, #2 Exhibit B)(jni) Modified on 6/14/2023 (jni)
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Filing 17
EO: In light of the pending #9 MOTION to Dismiss pursuant to FRCP 12(b)(2), (3), and (6), due to failure to state a claim upon which relief can be granted, lack of personal jurisdiction and improper venue, the Telephonic Rule 16 Scheduling Conference previously set for 06/05/2023 IS CONTINUED TO 07/07/2023 at 9:00 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Scheduling conference statements are due by 06/30/2023.Parties are to participate via telephone through our ZOOM Teleconference. Call-in information for this conference is below. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing.Dial in number is 1-833-568-8864Access Code: 160 8983 1896 OBSERVERS: Call-in:1-650-479-3207, Code: 160 930 3683 (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF). A courtesy email of this Notice of Electronic Filing (NEF) was also sent to Pro Se Plaintiff Andreea Olteanu at the email address on record of aporcelli@swissgrowthforum.io on 06/01/2023.
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Filing 16
EO: On May 30, 2023, pro se Plaintiff Andreea Olteanu filed an "Affidavit," ECF No. #15 , requesting an extension to respond to Defendant Ford & Friedman's Motion to Dismiss, ECF No. #9 . The court, for good cause shown, GRANTS Plaintiff's request. She has by June 13, 2023, to file an opposition; Defendant's optional reply is due by June 21, 2023. Accordingly, the June 26, 2023 hearing on the Motion to Dismiss is VACATED. The court will determine whether to hold a hearing after briefing is closed. No further extensions will be granted without a showing of good cause. (JUDGE J. MICHAEL SEABRIGHT)(shm)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
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COURT'S CERTIFICATE of Service - a copy of 16 was re-served by First Class Mail to Plaintiff's updated address of record, Andreea Olteanu, 999 Wilder Avenue #1703, Honolulu, HI 96822 on 5/31/2023. (jni)
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Filing 15
AFFIDAVIT (Requesting a Continuance on the deadline of June 5th for presenting my Opposition and Memo) - by Plaintiff Andreea Olteanu. (jni)
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Filing 14
Mail Returned as Undeliverable, re: ECF 10. Mail sent to Andreea Olteanu, 999 Wilder Avenue, Honolulu, HI 96816 returned by USPS - Return to Sender, Insufficient Address, Unable to Forward. Courtesy copy emailed to Andreea Olteanu on 5/15/2023 via email address provided: aporcelli@swissgrowthforum.io. (jni)
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Filing 13
CERTIFICATE OF SERVICE by Ford & Friedman re #11 Notice of Appearance (Marchuk, Jonathan)
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Filing 12
Supplemental CERTIFICATE OF SERVICE by Ford & Friedman re #9 MOTION to Dismiss pursuant to FRCP 12(b)(2), (3), and (6), due to failure to state a claim upon which relief can be granted, lack of personal jurisdiction and improper venue (Marchuk, Jonathan) Modified on 5/12/2023 (jni)
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Filing 11
NOTICE of Appearance by Mark M. Murakami on behalf of Ford & Friedman on behalf of Ford & Friedman. (Murakami, Mark)
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Filing 10
EO: Defendant Ford & Friedman LLC's Motion to Dismiss, ECF No. #9 , is set for hearing on June 26, 2023, at 10:00 a.m., before the Honorable J. Michael Seabright in courtroom Aha Kaulike. Plaintiff's Opposition is due by June 5, 2023, and Defendant's optional Reply is due by June 13, 2023. (JUDGE J. MICHAEL SEABRIGHT)(rlfh)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
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Filing 9
MOTION to Dismiss pursuant to FRCP 12(b)(2), (3), and (6), due to failure to state a claim upon which relief can be granted, lack of personal jurisdiction and improper venue Jonathan Niichi Marchuk appearing for Defendant Ford & Friedman (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Certificate of Service)(Marchuk, Jonathan)
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Filing 8
NOTICE of Change of Address by Andreea Olteanu, 999 Wilder Avenue, Honolulu, HI 96816. (apg)
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Filing 7
SUMMONS Returned Executed by Andreea Olteanu. Ford & Friedman served on 4/12/2023. (eta)
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Filing 6
Summons Issued as to Ford & Friedman. (jni)
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Filing 5
Notice to Parties RE: Corporate Disclosure Statements Federal Rule of Civil Procedure 7.1 and Criminal Rule 12.4 both address the filing of Corporate Disclosure Statements. Both rules state A party must:(1) file the Rule 7.1(a) (or 12.4(a)) statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court, and (2) promptly file a supplemental statement upon a change in the information that the statement requires. (jni)
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Filing 4
CIVIL Waiver of Service Packet - Notice to Parties Regarding Service Pursuant to Rule 4 of the Federal Rules of Civil Procedure (Attachments: #1 Notice of a Lawsuit and Request to Waive Service of a Summons, #2 Waiver of the Service of Summons)(jni)
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Filing 3
Filing fee received: $ 402.00, Receipt number 115 re #1 Complaint. (jni)
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Filing 2
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:30AM on 6/5/2023 before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE DERRICK K. WATSON on 4/4/2023. COURT'S CERTIFICATE OF SERVICE - Andreea Olteanu received a copy of the foregoing at the Clerk's Office service counter. (jni)
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Filing 1
COMPLAINT; Exhibit 1 against Ford & Friedman - filed by Andreea Olteanu.(jni)
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| Plaintiff: Andreea Olteanu | |
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| Defendant: Ford & Friedman | |
| Represented By: | Mark M. Murakami |
| Represented By: | Jonathan Niichi Marchuk |
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