Archer v. UnitedHealthcare Services Incorporated et al
| Scott M Archer |
| UnitedHealthcare Services Incorporated, UnitedHealth Group Incorporated, UnitedHealthcare Life Insurance Company, All Savers Insurance Company and Rehabilitation Institute Of Chicago doing business as Shirley Ryan AbilityLab |
| Barclay Group Development Services Health Benefit Plan |
| 1:2022cv00700 |
| February 8, 2022 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| Robert M Dow |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 |
| None |
Docket Report
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| Document Text |
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| Filing 62 Second AMENDED complaint by Scott M Archer against Rehabilitation Institute Of Chicago (Counters, Lisa) |
| Filing 61 MINUTE entry before the Honorable Robert M. Dow, Jr: Defendant SRAlab's motion for a more definite statement #59 is taken under advisement; response is due by 3/21/2022; reply is due by 4/4/2022. If Plaintiff chooses, he may file an amended complaint in lieu of a response to this motion. If Plaintiff files a response brief instead, the Court will issue a ruling by mail on the motion after it is fully briefed. Notice of motion date of 3/2/2022 is stricken and no appearances are necessary on that date. Emailed notice (cdh, ) |
| Filing 60 NOTICE of Motion by Terrence J. Sheahan for presentment of motion for more definite statement #59 before Honorable Robert M. Dow Jr. on 3/2/2022 at 09:15 AM. (Sheahan, Terrence) |
| Filing 59 MOTION by Defendant Rehabilitation Institute Of Chicagofor more definite statement Defendant Shirley Ryan AbilityLab's Motion for a More Definite Statement (Sheahan, Terrence) |
| Filing 58 MINUTE entry before the Honorable Robert M. Dow, Jr: Motion by Lisa Jeanette Counters for leave to appear pro hac vice on behalf of Plaintiff Scott Archer #56 is granted. Emailed notice (cdh, ) |
| Filing 57 ATTORNEY Appearance for Plaintiff Scott M Archer by John Conroy Martin (Martin, John) |
| Filing 56 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-19153310. (Counters, Lisa) |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (nsf, ) |
| MAILED copy of the Clerk's Notice entry #5 along with the Joint Consent Form to to plaintiff's counsel of record. (nsf, ) |
| Filing 55 RECEIVED from Arizona; Case Number 2:20-cv-02458 (nsf) |
| CASE ASSIGNED to the Honorable Robert M. Dow, Jr. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (nsf, ) |
Filing 54
ORDER: IT IS THEREFORE ORDERED granting in part Defendant SRALab's Motion to Dismiss for Lack of Personal Jurisdiction (Doc. #43 ). IT IS FURTHER ORDERED granting Plaintiff's Motion to Transfer Claims Against Defendant [SRALab] to the Northern District of Illinois (Doc. #48 ). IT IS FURTHER ORDERED severing Plaintiff's claims against Defendant Rehabilitation Institute of Chicago dba as SRALab and directing the Clerk of Court to transfer those claims to the Northern District of Illinois as soon as is practicable. Plaintiff's claims against other Defendants shall remain pending in this Court. (See Order for full details.) Signed by Judge John J Tuchi on 2/7/22. (SST) [Transferred from Arizona on 2/8/2022.]
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Filing 53
ORDER: IT IS ORDERED granting Plaintiff's Unopposed Motion to Extend Reply in Support of Plaintiff's Motion to Transfer Claims Against Shirley Ryan AbilityLab to Northern District of Illinois (Doc. #52 ). IT IS FURTHER ORDERED extending the deadline for Plaintiff to file a Reply in support of his Motion to Transfer Claims Against Shirley Ryan AbilityLab to Northern District of Illinois (Doc. #48 ) to February 11, 2022. Signed by Judge John J Tuchi on 2/2/2022. (JAMA) [Transferred from Arizona on 2/8/2022.]
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| Filing 52 MOTION for Extension of Time to File Response/Reply as to #51 Response in Opposition to Motion, #48 MOTION Transfer Claims Against Shirley Ryan Ability Lab to Northern District of Illinois Unopposed by Scott M Archer. (Attachments: #1 Proposed Order)(Counters, Lisa) [Transferred from Arizona on 2/8/2022.] |
| Filing 51 RESPONSE in Opposition re: #48 MOTION Transfer Claims Against Shirley Ryan Ability Lab to Northern District of Illinois Shirley Ryan AbilityLab's Response in Opposition to Plaintiff's Motion to Transfer Claims Against Shirley Ryan AbilityLab to Northern District of Illinois filed by Rehabilitation Institute of Chicago. (Sheahan, Terrence) [Transferred from Arizona on 2/8/2022.] |
| Filing 50 *REPLY to Response to Motion re: #43 MOTION to Dismiss for Lack of Jurisdiction , Defendant Shirley Ryan Ability Lab's Reply in Support of its Motion to Dismiss for Lack of Personal Jurisdiction filed by Rehabilitation Institute of Chicago. (Sheahan, Terrence) *Modified to correct linkage and docket text on 1/28/2022 (SST). [Transferred from Arizona on 2/8/2022.] |
| Filing 49 NOTICE of Appearance by Robert Matthew Kort on behalf of All Savers Insurance Company, UnitedHealth Group Incorporated, UnitedHealthcare Life Insurance Company, UnitedHealthcare Services Incorporated. (Kort, Robert) [Transferred from Arizona on 2/8/2022.] |
| Filing 48 MOTION Transfer Claims Against Shirley Ryan Ability Lab to Northern District of Illinois by Scott M Archer. (Counters, Lisa) [Transferred from Arizona on 2/8/2022.] |
| Filing 47 RESPONSE to Motion re: #43 MOTION to Dismiss for Lack of Jurisdiction filed by Scott M Archer. (Counters, Lisa) [Transferred from Arizona on 2/8/2022.] |
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Filing 46
ORDER: IT IS HEREBY ORDERED granting Plaintiff's Motion to Extend Time to Respond to Defendant Shirley Ryan Abilitylab's Motion to Dismiss for Lack of Personal Jurisdiction (Doc. #45 ). IT IS FURTHER ORDERED extending the deadline for Plaintiff to file his Response to Defendant Rehabilitation Institute of Chicago's Motion to Dismiss (Doc. #43 ) to January 11, 2022. Signed by Judge John J Tuchi on 1/4/2022. (JAMA) [Transferred from Arizona on 2/8/2022.]
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| Filing 45 MOTION for Extension of Time to File Response/Reply as to #43 MOTION to Dismiss for Lack of Jurisdiction by Scott M Archer. (Attachments: #1 Proposed Order)(Counters, Lisa) [Transferred from Arizona on 2/8/2022.] |
| Filing 44 Corporate Disclosure Statement by Rehabilitation Institute of Chicago identifying Corporate Parent Rehabilitation Institute of Chicago for Rehabilitation Institute of Chicago. (Sheahan, Terrence) [Transferred from Arizona on 2/8/2022.] |
| Filing 43 MOTION to Dismiss for Lack of Jurisdiction by Rehabilitation Institute of Chicago. (Attachments: #1 Exhibit A - Declaration, #2 Exhibit B - Self-Pay Agreement, #3 Exhibit C - Barclay Group Website, #4 Exhibit D - Coia Linkedin)(Sheahan, Terrence) [Transferred from Arizona on 2/8/2022.] |
| Remark: Pro hac vice motion(s) granted for D Richard Self on behalf of Defendant Rehabilitation Institute of Chicago. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) [Transferred from Arizona on 2/8/2022.] |
| Remark: Pro hac vice motion(s) granted for Terrence J Sheahan on behalf of Defendant Rehabilitation Institute of Chicago. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) [Transferred from Arizona on 2/8/2022.] |
| Filing 42 ANSWER to #40 Answer to Amended Complaint, Crossclaim by All Savers Insurance Company, UnitedHealth Group Incorporated, UnitedHealthcare Life Insurance Company, UnitedHealthcare Services Incorporated.(West, John) [Transferred from Arizona on 2/8/2022.] |
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Filing 41
ORDER granting Plaintiff's Motion to Extend Time to Serve or File Waiver of Service for Defendant Rehabilitation Institute of Chicago d/b/a Shirley Ryan AbilityLab #37 . IT IS FURTHER ORDERED extending the deadline to October 4, 2021, for Plaintiff to serve Defendant Rehabilitation Institute of Chicago d/b/a Shirly Ryan AbilityLab or file a Waiver of Service of Summons. Signed by Judge John J Tuchi on 9/29/2021. (REK) [Transferred from Arizona on 2/8/2022.]
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| Filing 40 ANSWER to #32 Amended Complaint, CROSSCLAIM against All Savers Insurance Company, UnitedHealth Group Incorporated, UnitedHealthcare Life Insurance Company, UnitedHealthcare Services Incorporated by Barclay Group Development Services Health Benefit Plan.(Adams, Joseph) [Transferred from Arizona on 2/8/2022.] |
| Filing 39 SERVICE EXECUTED filed by Scott M Archer: Rule 4 Waiver of Service of Summons. Waiver sent on 9/20/2021 to Rehabilitation Institute of Chicago d/b/a Shirley Ryan AbilityLab . (Counters, Lisa) [Transferred from Arizona on 2/8/2022.] |
| Filing 38 ANSWER to #32 Amended Complaint by All Savers Insurance Company, UnitedHealth Group Incorporated, UnitedHealthcare Life Insurance Company, UnitedHealthcare Services Incorporated.(West, John) [Transferred from Arizona on 2/8/2022.] |
| Filing 37 MOTION for Extension of Time to Serve or File Waiver of Service for Defendant Rehabilitation Institute of Chicago d/b/a Shirley Ryan AbilityLab Unopposed by Scott M Archer. (Attachments: #1 Proposed Order)(Counters, Lisa) [Transferred from Arizona on 2/8/2022.] |
| Filing 36 Summons Issued as to Rehabilitation Institute of Chicago. (BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. [Transferred from Arizona on 2/8/2022.] |
| Filing 35 NOTICE re: Filing Administrative Record by All Savers Insurance Company, UnitedHealth Group Incorporated, UnitedHealthcare Life Insurance Company, UnitedHealthcare Services Incorporated . (Attachments: #1 Index, #2 Administrative Record - Part 1, #3 Part 2, #4 Part 3, #5 Part 4, #6 Part 5, #7 Part 6, #8 Part 7)(West, John) [Transferred from Arizona on 2/8/2022.] |
| Filing 34 SUMMONS Submitted by Scott M Archer. (Counters, Lisa) [Transferred from Arizona on 2/8/2022.] |
| Filing 33 NOTICE TO FILER OF DEFICIENCY re: #32 Amended Complaint filed by Scott M Archer. Summons for defendant Rehabilitation Institute of Chicago filed as an attachment to the first amended complaint. Summonses are to be filed separately using the Summons Submitted event. FOLLOW-UP ACTION REQUIRED: Please refile corrected document. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SST) [Transferred from Arizona on 2/8/2022.] |
| Filing 32 *First AMENDED COMPLAINT against UnitedHealthcare Services Incorporated, UnitedHealth Group Incorporated, UnitedHealthcare Life Insurance Company, All Savers Insurance Company, Barclay Group Development Services Health Benefit Plan, Rehabilitation Institute of Chicago filed by Scott M Archer. (Attachments: #1 Summons)(Counters, Lisa) *Modified to correct filers and to note summons incorrectly filed as an attachment on 9/17/2021 (SST). [Transferred from Arizona on 2/8/2022.] |
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Filing 31
ORDER: At issue is Plaintiff's Motion to Amend Complaint (Doc. #30 ). No response was filed by Defendants. IT IS THEREFORE ORDERED granting Plaintiff's Motion to Amend Complaint (Doc. #30 ). IT IS FURTHER ORDERED that Plaintiff shall file and serve the First Amended Complaint on all Defendants by no later than September 27, 2021. Signed by Judge John J Tuchi on 9/13/21. (SST) [Transferred from Arizona on 2/8/2022.]
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| Filing 30 MOTION to Amend/Correct #1 Complaint by Scott M Archer. (Attachments: #1 Text of Proposed Order)(Counters, Lisa) [Transferred from Arizona on 2/8/2022.] |
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Filing 29
SCHEDULING ORDER: Discovery due by 1/28/2022. (See attached Order for additional deadlines and details). Signed by Judge John J Tuchi on 6/24/2021. (JAMA) [Transferred from Arizona on 2/8/2022.]
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| Filing 28 MINUTE ENTRY for proceedings held before Judge John J Tuchi: Telephonic Scheduling Conference held on 6/24/2021. Deadlines discussed and entered. Scheduling Order to follow. APPEARANCES: Telephonic appearance by Lisa Counters for Plaintiff. Telephonic appearance by John West, Joseph Adams and Zachary Schroeder for Defendants. (Court Reporter Elaine Cropper.) Hearing held 11:34 AM to 11:45 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAMA) [Transferred from Arizona on 2/8/2022.] |
| Filing 27 REPORT of Rule 26(f) Planning Meeting by Scott M Archer. (Counters, Lisa) [Transferred from Arizona on 2/8/2022.] |
| Filing 26 NOTICE of Attorney Substitution by John C West. (West, John) [Transferred from Arizona on 2/8/2022.] |
| Filing 25 ANSWER to #1 Complaint by Barclay Group Development Services Health Benefit Plan.(Adams, Joseph) [Transferred from Arizona on 2/8/2022.] |
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Filing 24
ORDER: IT IS HEREBY ORDERED granting the Joint Motion for Extension of Time for Defendant Barclay Group Development Services Health Benefit Plan to Respond to Plaintiff's Complaint (Doc. #20 ). IT IS FURTHER ORDERED extending the deadline for Defendant Barclay Group Development Services Health Benefit Plan to answer or otherwise respond to Plaintiff's Complaint (Doc. #1 ) to June 11, 2021. Signed by Judge John J Tuchi on 6/1/2021. (JAMA) [Transferred from Arizona on 2/8/2022.]
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| Filing 23 Corporate Disclosure Statement by UnitedHealth Group Incorporated. (West, John) [Transferred from Arizona on 2/8/2022.] |
| Filing 22 Corporate Disclosure Statement by All Savers Insurance Company, UnitedHealthcare Life Insurance Company, UnitedHealthcare Services Incorporated identifying Corporate Parent UnitedHealth Group, Inc. for All Savers Insurance Company, UnitedHealthcare Life Insurance Company, UnitedHealthcare Services Incorporated. (West, John) [Transferred from Arizona on 2/8/2022.] |
| Filing 21 Corporate Disclosure Statement by Barclay Group Development Services Health Benefit Plan. (Adams, Joseph) [Transferred from Arizona on 2/8/2022.] |
| Filing 20 Joint MOTION for Extension of Time to File Answer by Barclay Group Development Services Health Benefit Plan. (Attachments: #1 Text of Proposed Order)(Adams, Joseph) [Transferred from Arizona on 2/8/2022.] |
| Filing 19 NOTICE of Appearance by Joseph G Adams on behalf of Barclay Group Development Services Health Benefit Plan. (Adams, Joseph) [Transferred from Arizona on 2/8/2022.] |
| Filing 18 NOTICE TO PARTY OF DEFICIENCY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to All Savers Insurance Company, UnitedHealth Group Incorporated, UnitedHealthcare Life Insurance Company, UnitedHealthcare Services Incorporated. (JAMA) [Transferred from Arizona on 2/8/2022.] |
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Filing 17
ORDER: IT IS HEREBY ORDERED granting the request in Plaintiff's status report (Doc. #16 ) and extending the deadline for Defendant Barclay Group Development Health Benefit Plan to answer or otherwise respond to Plaintiff's Complaint (Doc. #1 ) to May 28, 2021. Signed by Judge John J Tuchi on 5/17/2021. (JAMA) [Transferred from Arizona on 2/8/2022.]
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| Filing 16 STATUS REPORT Re: Answer of the Plan Defendant by Scott M Archer. (Counters, Lisa) [Transferred from Arizona on 2/8/2022.] |
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Filing 15
ORDER: Telephonic Scheduling Conference set for 6/24/2021 at 11:30 AM in Courtroom 505, 401 West Washington Street, Phoenix, AZ 85003 before Judge John J Tuchi. (See attached Order for additional details and deadlines). Signed by Judge John J Tuchi on 4/21/2021. (JAMA) [Transferred from Arizona on 2/8/2022.]
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| Filing 14 ANSWER to #1 Complaint by All Savers Insurance Company, UnitedHealth Group Incorporated, UnitedHealthcare Life Insurance Company, UnitedHealthcare Services Incorporated.(West, John) [Transferred from Arizona on 2/8/2022.] |
| Filing 13 *SERVICE EXECUTED filed by Scott M Archer: Rule 4 Waiver of Service of Summons. Waiver sent on 03/12/2021 to Scott Archer Statutory Agent for Barclay Group Development Services Health Benefit Plan. (Counters, Lisa) *Modified to correct date waiver was sent and defendant served on 3/19/2021 (SST). [Transferred from Arizona on 2/8/2022.] |
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Filing 12
ORDER: IT IS HEREBY ORDERED granting the request in Plaintiff's status report (Doc. #11 ) and extending the deadline for all Defendants to answer or otherwise respond to Plaintiff's Complaint to April 19, 2021. (See attached Order). Signed by Judge John J Tuchi on 2/26/2021. (JAMA) [Transferred from Arizona on 2/8/2022.]
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| Filing 11 STATUS REPORT by Scott M Archer. (Counters, Lisa) [Transferred from Arizona on 2/8/2022.] |
| Filing 10 SERVICE EXECUTED filed by Scott M Archer: Rule 4 Waiver of Service of Summons. Waiver sent on 2/19/2021 to UnitedHealthcare Services, Inc. and UnitedHealth Group, Inc. . (Counters, Lisa) [Transferred from Arizona on 2/8/2022.] |
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Filing 9
ORDER: IT IS ORDERED that counsel for the Plaintiff apply for entry of default or file a status report within seven days of the date of this Order concerning the status of this case as to Defendants All Savers Insurance Company and UnitedHealthcare Life Insurance Company. IT IS FURTHER ORDERED that the matter will be dismissed as to Defendants All Savers Insurance Company and UnitedHealthcare Life Insurance Company without further notice if counsel fails to apply for entry of default or file a status report within seven days of the date of this Order. Signed by Judge John J Tuchi on 2/22/2021. (JAMA) [Transferred from Arizona on 2/8/2022.]
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| Filing 8 SERVICE EXECUTED filed by Scott M Archer: Affidavit of Service re: Complaint, civil cover sheet, summons, orders, magistrate form upon UnitedHealthcare Life Insurance Company on 1/21/2021. (Counters, Lisa) [Transferred from Arizona on 2/8/2022.] |
| Filing 7 SERVICE EXECUTED filed by Scott M Archer: Affidavit of Service re: Complaint, Civil Cover Sheet, Summons, Orders, Magistrate form upon All Savers Insurance Company on 1/21/2021. (Counters, Lisa) [Transferred from Arizona on 2/8/2022.] |
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Filing 6
ORDER: IT IS HEREBY ORDERED directing the Clerk of Court to terminate any or all Defendants in this matter, without further notice, that have not been served within the time required by Fed. R. Civ. P. 4(m) on March 23, 2021. (See Order for full details.) Signed by Judge John J Tuchi on 12/28/20. (SST) [Transferred from Arizona on 2/8/2022.]
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Filing 5
ORDER that motions to dismiss pursuant to Fed. R. Civ. P. 12(b) and motions to strike pursuant to Fed. R. Civ. P. 12(f) are discouraged if the defect that would be the subject of the motion can be cured by filing an amended pleading. IT IS FURTHER ORDERED that Plaintiff shall serve a copy of this Order on Defendants. (See the attached order for additional information.) Signed by Judge John J. Tuchi on 12/28/2020. (RMW) [Transferred from Arizona on 2/8/2022.]
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| Filing 4 Summons Issued as to All Savers Insurance Company, Barclay Group Development Services Health Benefit Plan, UnitedHealth Group Incorporated, UnitedHealthcare Life Insurance Company, and UnitedHealthcare Services Incorporated. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons)(DLC). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. [Transferred from Arizona on 2/8/2022.] |
| Filing 3 Filing fee paid, receipt number 0970-18998133. This case has been assigned to the Honorable John J Tuchi. All future pleadings or documents should bear the correct case number: CV-20-2458-PHX-JJT. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (DLC) [Transferred from Arizona on 2/8/2022.] |
| Filing 2 SUMMONS Submitted by Scott M Archer. (Counters, Lisa) (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons)(DLC) [Transferred from Arizona on 2/8/2022.] |
| Filing 1 COMPLAINT. Filing fee received: $ 402.00, receipt number 0970-18998133 filed by Scott M Archer. (Counters, Lisa) (Attachments: #1 Civil Cover Sheet)(DLC) [Transferred from Arizona on 2/8/2022.] |
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