Engstrom et al v. Air Line Pilots Association, International et al
| James E. Engstrom and Richard Shaw |
| United Airlines Master Executive Council, Air Line Pilots Association International and Inc United Airlines |
| 1:2023cv15792 |
| November 8, 2023 |
| US District Court for the Northern District of Illinois |
| Matthew F Kennelly |
| Steven C Seeger |
| Civil Rights: Jobs |
| 28 U.S.C. § 451 Employment Discrimination |
| Plaintiff |
Docket Report
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| Filing 69 MINUTE entry before the Honorable Matthew F. Kennelly: The Court adopts the following schedule as proposed in the 1/5/2024 joint status report filed in Case No. 23-cv-989. Amended complaint is to be filed by 1/30/2024. Motion to dismiss is to be filed by 3/8/2024; response is to be filed by 4/5/2024; reply to response is to be filed by 4/26/2024. (mk) |
| Filing 67 ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/28/2023: Mailed notice. (tg, ) |
| Filing 68 EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Matthew F. Kennelly for all further proceedings pursuant to Local Rule 40.4. Honorable Steven C. Seeger no longer assigned to the case. Signed by Executive Committee on 12/26/2023. (jn, ) |
| Filing 66 MINUTE entry before the Honorable Steven C. Seeger: The motions for leave to appear pro hac vice (Dckt. Nos. #62 , #63 , #64 , #65 ) are hereby granted. Mailed notice. (jjr, ) |
| Filing 65 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21405495. (Attachments: #1 Exhibit Bar Admissions)(Ellison, Joshua) |
| Filing 64 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number BILNDC-21405386. (Attachments: #1 Exhibit Bar Admissions)(Lobsenz, James) |
| Filing 63 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21404398. (McCoy, Nathan) |
| Filing 62 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21404324. (Mullen, Molly) |
| Filing 61 MINUTE entry before the Honorable Steven C. Seeger: An initial status report is due by January 22, 2024. Counsel must read the Standing Order entitled "Initial Status Conferences and Joint Initial Status Reports" on the Court's website. The parties must confer as required by Rule 26(f) about the nature, scope, and duration of discovery. The parties must submit two documents to the Court. First, the parties must file the Joint Initial Status Report under Rule 26(f) on the docket. A Word version of the Joint Initial Status Report is available on the Court's website. All parties must participate in the preparation and filing of the Joint Initial Status Report. The Court requires a joint report, so a filing by one side or the other is not sufficient. Second, the parties must email a Word version of a proposed Scheduling Order under Rule 16(b) to the Court's proposed order inbox. Lead counsel for the parties must participate in filing the initial status report. Plaintiff must serve this Order on all other parties. If the defendant has not been served with process, plaintiff's counsel must contact the Courtroom Deputy at jessica_j_ramos@ilnd.uscourts.gov to reschedule the initial status report deadline. Plaintiff should not file the Joint Initial Status Report before the defendant(s) has been served with process. The parties must discuss settlement in good faith and make a serious attempt to resolve this case amicably. All counsel of record must read and comply with this Court's Standing Orders on its webpage. Please pay special attention to the Standing Orders about Depositions and Discovery. Mailed notice. (jjr, ) |
| Filing 60 ATTORNEY Appearance for Defendant Air Line Pilots Association International by Caleb Austin Kennedy (Kennedy, Caleb) |
| Filing 59 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Air Line Pilots Association International (Fakhouri, Rami) |
| Filing 58 ATTORNEY Appearance for Defendant Air Line Pilots Association International by Rami N Fakhouri (Fakhouri, Rami) |
| Filing 57 ATTORNEY Appearance for Defendant Inc United Airlines by Shanthi V. Gaur (Gaur, Shanthi) |
| Filing 56 ATTORNEY Appearance for Defendant Inc United Airlines by Angela Rose Huisingh (Huisingh, Angela) |
| Filing 55 RECEIVED from Florida Middle; Case Number 6:22-cv-02130. (ph, ) |
| Filing 54 CASE ELECTRONICALLY TRANSFERRED to the Northern District of Illinois, Eastern Division. (RPB) [Transferred from Florida Middle on 11/8/2023.] |
Filing 53
ORDER: Defendant Air Line Pilots Association, International's Motion to Transfer Venue #35 is GRANTED. The Clerk is DIRECTED to TRANSFER this case to the United States District Court for the Northern District of Illinois, Eastern Division for all further proceedings and close this file. Signed by Judge Wendy W. Berger on 11/6/2023. (RMF) [Transferred from Florida Middle on 11/8/2023.]
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| Filing 52 Unopposed MOTION to Stay Discovery Pending a Ruling on Defendant's Motion to Dismiss by United Airlines, Inc. (Holden, West) Motions referred to Magistrate Judge Robert M. Norway. Modified on 9/25/2023 as to docket text (ARL). [Transferred from Florida Middle on 11/8/2023.] |
| Filing 51 NOTICE of supplemental authority re #36 MOTION to Dismiss Amended Complaint MOTION to Dismiss for Failure to State a Claim by Air Line Pilots Association, International. (Gornail, Christina) [Transferred from Florida Middle on 11/8/2023.] |
| Filing 50 RESPONSE in Opposition re #48 MOTION to Dismiss for Lack of Jurisdiction with Incorporated Memorandum of Law filed by James E. Engstrom, Richard Shaw. (Attachments: #1 Exhibit A, #2 Exhibit B)(McCoy, Nathan) [Transferred from Florida Middle on 11/8/2023.] |
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Filing 49
ENDORSED ORDER denying as moot #46 Motion for Extension of Time to File Response / Reply. Signed by Magistrate Judge Robert M. Norway on 6/3/2023. (Norway, Robert) [Transferred from Florida Middle on 11/8/2023.]
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| Filing 48 MOTION to Dismiss for Lack of Jurisdiction with Incorporated Memorandum of Law by United Airlines, Inc. (Holden, West) Modified on 6/2/2023 to edit docket text (KNC). [Transferred from Florida Middle on 11/8/2023.] |
| Filing 47 RESPONSE in Opposition re #36 MOTION to Dismiss Amended Complaint MOTION to Dismiss for Failure to State a Claim filed by James E. Engstrom, Richard Shaw. (McCoy, Nathan) [Transferred from Florida Middle on 11/8/2023.] |
| Filing 46 MOTION for Extension of Time to File Response/Reply as to #36 MOTION to Dismiss Amended Complaint MOTION to Dismiss for Failure to State a Claim , #43 Case Management Scheduling Order, by James E. Engstrom, Richard Shaw. (McCoy, Nathan) Motions referred to Magistrate Judge Robert M. Norway. [Transferred from Florida Middle on 11/8/2023.] |
| Reset scheduling order deadlines: Conduct mediation hearing by 10/24/2024. Lead counsel to coordinate dates. (KNC) [Transferred from Florida Middle on 11/8/2023.] |
| Filing 45 CASE REFERRED to Mediation. Mediator: Kay Wolf (KNC) [Transferred from Florida Middle on 11/8/2023.] |
| Filing 44 RESPONSE in Opposition re #35 MOTION to Change Venue / Transfer Case filed by James E. Engstrom, Richard Shaw. (McCoy, Nathan) [Transferred from Florida Middle on 11/8/2023.] |
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Filing 43
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 11/3/2023 Joinder of Parties due by 11/3/2023 Discovery due by 9/30/2024 Dispositive motions due by 10/30/2024 Pretrial statement due by 3/4/2025 All other motions due by 2/3/2025 Plaintiff disclosure of expert report due by 3/8/2024 Defendant disclosure of expert report due by 4/5/2024 Trial Status Conference set for 3/11/2025 at 10:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger Jury Trial set for the April 2025 trial term commencing on 4/1/2025 at 09:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger. Conduct mediation hearing by 10/14/2024. Lead counsel to coordinate dates. Signed by Judge Wendy W. Berger on 5/19/2023. (RMF) [Transferred from Florida Middle on 11/8/2023.]
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| Reset deadlines: United Airlines, Inc. Answer due by 6/1/2023. (KNC) [Transferred from Florida Middle on 11/8/2023.] |
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Filing 42
ENDORSED ORDER granting Defendant United Airlines, Inc.'s #40 Unopposed Motion for Extension of Time. United Airlines shall answer or otherwise respond to the #23 amended complaint on or before June 1, 2023. Signed by Magistrate Judge Robert M. Norway on 5/18/2023. (Norway, Robert) [Transferred from Florida Middle on 11/8/2023.]
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| Filing 41 CERTIFICATE of interested persons and corporate disclosure statement by United Airlines, Inc. identifying Corporate Parent United Airlines Holdings, Inc. for United Airlines, Inc. (Travers, Jessica) Modified on 5/19/2023 to edit docket text (KNC). [Transferred from Florida Middle on 11/8/2023.] |
| Filing 40 Unopposed MOTION for Extension of Time to File Response/Reply as to #23 Amended Complaint, by United Airlines, Inc. (Travers, Jessica) Motions referred to Magistrate Judge Robert M. Norway. Modified on 5/19/2023 to edit docket text (KNC). [Transferred from Florida Middle on 11/8/2023.] |
| Filing 39 NOTICE of Appearance by West Allan Holden on behalf of United Airlines, Inc. (Holden, West) [Transferred from Florida Middle on 11/8/2023.] |
| Filing 38 NOTICE of Lead Counsel Designation by Jessica Theresa Travers on behalf of United Airlines, Inc. Lead Counsel: Jessica T. Travers. (Travers, Jessica) Modified on 5/18/2023 to edit docket text (KNC). [Transferred from Florida Middle on 11/8/2023.] |
| Filing 37 CASE MANAGEMENT REPORT. (McCoy, Nathan) [Transferred from Florida Middle on 11/8/2023.] |
| Filing 36 MOTION to Dismiss Amended Complaint , MOTION to Dismiss for Failure to State a Claim by Air Line Pilots Association, International. (Attachments: #1 Affidavit Declaration, #2 Exhibit A to Declaration, #3 Exhibit B to Declaration, #4 Exhibit C to Declaration)(Gornail, Christina) Modified on 5/5/2023 to edit docket text (KNC). [Transferred from Florida Middle on 11/8/2023.] |
| Filing 35 MOTION to Change Venue / Transfer Case by Air Line Pilots Association, International. (Attachments: #1 Affidavit Declaration, #2 Affidavit Declaration, #3 Affidavit Declaration, #4 Exhibit A to McIlhany Declaration, #5 Exhibit B to McIlhany Declaration, #6 Exhibit C to McIlhany Declaration, #7 Exhibit D to McIlhany Declaration, #8 Exhibit E to McIlhany Declaration)(Gornail, Christina) Modified on 5/5/2023 to edit docket text (KNC). [Transferred from Florida Middle on 11/8/2023.] |
| Filing 34 Second NOTICE of a related action per Local Rule 1.07(c) by Air Line Pilots Association, International. Related case(s): Yes (Attachments: #1 Exhibit A, #2 Exhibit B)(Gornail, Christina) Modified on 4/25/2023 to edit docket text (KNC). [Transferred from Florida Middle on 11/8/2023.] |
| Filing 33 CERTIFICATE of interested persons and corporate disclosure statement by Air Line Pilots Association, International. (Gornail, Christina) [Transferred from Florida Middle on 11/8/2023.] |
| Filing 32 SUMMONS issued as to United Airlines, Inc. (KNC) [Transferred from Florida Middle on 11/8/2023.] |
| Filing 31 NOTICE of a related action per Local Rule 1.07(c) by James E. Engstrom, Richard Shaw. Related case(s): Yes (McCoy, Nathan) [Transferred from Florida Middle on 11/8/2023.] |
| Filing 30 CERTIFICATE of interested persons and corporate disclosure statement by James E. Engstrom, Richard Shaw. (McCoy, Nathan) [Transferred from Florida Middle on 11/8/2023.] |
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Filing 29
ENDORSED ORDER granting in part and denying in part #28 Motion for Extension of Time. Plaintiff must serve United on or before May 3, 2023, notwithstanding any other Rule or prior Order of this Court. The parties must file one Joint Case Management Report on or before May 17, 2023. The Motion is denied as to ALPA's response to the Amended Complaint. No further extensions of these deadlines will be granted absent a showing of compelling circumstances. Signed by Magistrate Judge Robert M. Norway on 4/19/2023. (JBS) Modified on 4/19/2023 (GNB). [Transferred from Florida Middle on 11/8/2023.]
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| Set deadlines: Case management report due by 5/17/2023 (KNC) [Transferred from Florida Middle on 11/8/2023.] |
| Filing 28 Joint MOTION for Extension of Time to File Response/Reply as to #23 Amended Complaint, by Air Line Pilots Association, International. (Gornail, Christina) Motions referred to Magistrate Judge Robert M. Norway. [Transferred from Florida Middle on 11/8/2023.] |
| Filing 27 PROPOSED summons to be issued by James E. Engstrom, Richard Shaw. (McCoy, Nathan) [Transferred from Florida Middle on 11/8/2023.] |
| Filing 26 NOTICE of a related action per Local Rule 1.07(c) by Air Line Pilots Association, International. Related case(s): Yes (Attachments: #1 Exhibit A, #2 Exhibit B)(Gornail, Christina) Modified on 4/13/2023 to edit docket text (KNC). [Transferred from Florida Middle on 11/8/2023.] |
| Reset deadlines: for Air Line Pilots Association, International. Response to Amended Complaint due 5/5/2023. (KNC) [Transferred from Florida Middle on 11/8/2023.] |
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Filing 25
ENDORSED ORDER granting #24 Motion for Extension of Time to Respond to the Amended Complaint. Defendant shall answer or otherwise respond to the amended complaint on or before May 5, 2023. Signed by Magistrate Judge Robert M. Norway on 4/10/2023. (Norway, Robert) [Transferred from Florida Middle on 11/8/2023.]
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| Filing 24 Joint MOTION for Extension of Time to File Response/Reply as to #23 Amended Complaint, by Air Line Pilots Association, International. (Gornail, Christina) Motions referred to Magistrate Judge Robert M. Norway. [Transferred from Florida Middle on 11/8/2023.] |
| Filing 23 AMENDED COMPLAINT against Air Line Pilots Association, International with Jury Demand. filed by All Plaintiffs. Related document: #1 Complaint, filed by James E. Engstrom, Richard Shaw. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(McCoy, Nathan) [Transferred from Florida Middle on 11/8/2023.] |
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Filing 22
ENDORSED ORDER granting #19 Motion to Appear Pro Hac Vice. Provided counsel shall register for and use the Court's electronic filing system. Signed by Magistrate Judge Robert M. Norway on 4/5/2023. (MLS) [Transferred from Florida Middle on 11/8/2023.]
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Filing 21
ENDORSED ORDER granting #18 Motion to Appear Pro Hac Vice. Provided counsel shall register for and use the Court's electronic filing system. Signed by Magistrate Judge Robert M. Norway on 4/5/2023. (MLS) [Transferred from Florida Middle on 11/8/2023.]
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Filing 20
ENDORSED ORDER granting in part and denying in part the parties' #17 Joint Motion for Extension of Time. The deadline for the parties to file a case management report is extended, not placed in abeyance. The parties shall file a case management report on or before April 19. The Court denies the remaining relief without prejudice. The parties may renew their request after Plaintiffs file their amended complaint. Signed by Magistrate Judge Robert M. Norway on 4/4/2023. (Norway, Robert) [Transferred from Florida Middle on 11/8/2023.]
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| Filing 19 MOTION for Joshua J. Ellison to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20688100 for $150 by Air Line Pilots Association, International, United Airlines Master Executive Council. (Gornail, Christina) Motions referred to Magistrate Judge Robert M. Norway. [Transferred from Florida Middle on 11/8/2023.] |
| Filing 18 MOTION for James K. Lobsenz to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20687960 for $150 by Air Line Pilots Association, International, United Airlines Master Executive Council. (Gornail, Christina) Motions referred to Magistrate Judge Robert M. Norway. [Transferred from Florida Middle on 11/8/2023.] |
| Filing 17 Joint MOTION for Extension of Time to File Response and Filing of Case Management Report by Air Line Pilots Association, International, United Airlines Master Executive Council. (Gornail, Christina) Motions referred to Magistrate Judge Robert M. Norway. [Transferred from Florida Middle on 11/8/2023.] |
| Filing 16 Case Reassigned to Magistrate Judge Robert M. Norway. New case number: 6:22-cv-2130-WWB-RMN. Magistrate Judge David A. Baker no longer assigned to the case. (MEH) [Transferred from Florida Middle on 11/8/2023.] |
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Filing 15
ENDORSED ORDER GRANTING #14 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint. Air Line Pilots Association, International answer or response due 4/10/2023; United Airlines Master Executive Council answer or response due 4/10/2023. Signed by Magistrate Judge Celeste F. Bremer on 2/27/2023. (JPR) [Transferred from Florida Middle on 11/8/2023.]
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| Filing 14 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, 9 Notice to Counsel of Local Rule by Air Line Pilots Association, International, United Airlines Master Executive Council. (Gornail, Christina) Motions referred to Magistrate Judge David A. Baker. [Transferred from Florida Middle on 11/8/2023.] |
| Filing 13 NOTICE of Appearance by Christina Sabine Gornail on behalf of Air Line Pilots Association, International, United Airlines Master Executive Council (Gornail, Christina) [Transferred from Florida Middle on 11/8/2023.] |
| Filing 12 SUMMONS issued as to All Defendants. (KNC) [Transferred from Florida Middle on 11/8/2023.] |
| Filing 11 PROPOSED summons to be issued by James E. Engstrom, Richard Shaw. (McCoy, Nathan) [Transferred from Florida Middle on 11/8/2023.] |
| Filing 10 PROPOSED summons to be issued by James E. Engstrom, Richard Shaw. (McCoy, Nathan) [Transferred from Florida Middle on 11/8/2023.] |
| Filing 9 NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (RMF) [Transferred from Florida Middle on 11/8/2023.] |
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Filing 8
NOTICE TO COUNSEL AND PARTIES: The Middle District of Florida's revised Local Rules become effective February 1, 2021 and can be found on the Court's public website https://www.flmd.uscourts.gov/local-rules. For a just and efficient resolution of this case, the parties are DIRECTED to read and comply with the Middle District of Florida's Local Rules. See Local Rule 1.01(a). Failure to comply with ANY Local Rules or Court Orders may result in the imposition of sanctions including, but not limited to, the dismissal of this action or entry of default without further notice. Signed by Judge Wendy W. Berger on 11/28/2022. (RMF) [Transferred from Florida Middle on 11/8/2023.]
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| Filing 7 NOTICE of Lead Counsel Designation by Molly Kate Mullen on behalf of James E. Engstrom, Richard Shaw. Lead Counsel: Nathan A. McCoy. (Mullen, Molly) [Transferred from Florida Middle on 11/8/2023.] |
| Filing 6 NOTICE to Plaintiff's Counsel of Local Rule 2.02(a), which requires designation of one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action. File a Notice of Lead Counsel Designation to identify lead counsel. (Signed by Deputy Clerk). (KNC) [Transferred from Florida Middle on 11/8/2023.] |
| Filing 5 NOTICE of Appearance by Molly Kate Mullen on behalf of James E. Engstrom, Richard Shaw (Mullen, Molly) [Transferred from Florida Middle on 11/8/2023.] |
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Filing 4
STANDING ORDER ON DISCOVERY PROCEDURES. Signed by Magistrate Judge Celeste F. Bremer on 11/17/2022. (JW) [Transferred from Florida Middle on 11/8/2023.]
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| Filing 3 NOTICE to counsel Molly Mullen of Local Rule 2.01(a), which requires membership or special admission in the Middle District bar to practice in the Middle District, except for the limited exceptions identified in the Rule. To apply for membership in the Middle District, visit www.flmd.uscourts.gov/for-lawyers. (Signed by Deputy Clerk). (KNC) [Transferred from Florida Middle on 11/8/2023.] |
| Filing 2 NEW CASE ASSIGNED to Judge Wendy W. Berger and Magistrate Judge David A. Baker. New case number: 6:22-cv-2130-WWB-DAB. (SJB) [Transferred from Florida Middle on 11/8/2023.] |
| Filing 1 COMPLAINT And Demand For Jury Trial against All Defendants with Jury Demand (Filing fee $402 receipt number AFLMDC-20205532) filed by James E. Engstrom, Richard Shaw. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(McCoy, Nathan) [Transferred from Florida Middle on 11/8/2023.] |
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