Middendorf et al v. Liberty Mutual Fire Insurance Company
Plaintiff: Kelly Middendorf and Stephen Middendorf
Defendant: Liberty Mutual Fire Insurance Company
Case Number: 2:2008cv00041
Filed: March 11, 2008
Court: US District Court for the Eastern District of Kentucky
Office: Covington Office
County: Kenton
Presiding Judge: David L Bunning
Referring Judge: J Gregory Wehrman
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. § 1332 Diversity-Insurance Contract
Jury Demanded By: Plaintiff
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This docket was last retrieved on June 28, 2011. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 28, 2011 Opinion or Order Filing 51 ORDER: 1) The parties' consent motions (10-218, Doc. 16, 08-41, Doc. #50 , 10-219 Doc. 16, 10-222, Doc. 14) are hereby GRANTED; 2) Covington Civil Actions 10-218, 08-41, 10-219, and 10-222 are hereby CONSOLIDATED. Civil Action No. 10-218 SHALL BE the lead action and all further filings SHALL BE docketed therein; and 3) The Clerk shall FILE a copy of this Order in the docket of Civil Action Nos. 10-218, 08-41, 10-219, and 10-222. Signed by Judge David L. Bunning on 6/28/2011. (ECO)cc: COR
June 28, 2011 Cases associated: Create association to 2:10-cv-00218-DLB -CJS. (ECO)
June 22, 2011 ***MOTION SUBMITTED TO CHAMBERS of David L. Bunning for review: re #50 CONSENT MOTION to Consolidate Cases by Kelly Middendorf, Stephen Middendorf (ECO)
June 21, 2011 Filing 50 CONSENT MOTION to Consolidate Cases by Kelly Middendorf, Stephen Middendorf, Liberty Mutual Fire Insurance Company. (Attachments: #1 Proposed Order)(Reed, Jason) Modified text to add Deft as a filer and to take out referral language on 6/22/2011 (ECO).
April 25, 2011 Opinion or Order Filing 49 ORDER: All discovery shall continue to be stayed, with a status report regarding the propriety of continuing the stay to be submitted no later than thirty (30) days after entry of the Sixth Circuits ruling(s) in Kendrick and/or Nichols, or not later than July 25, 2011, whichever occurs first. Signed by Magistrate Judge J. Gregory Wehrman on 4/25/2011.(LMB)cc: COR
April 18, 2011 ***FILE SUBMITTED TO CHAMBERS of J. Gregory Wehrman for review: #48 Joint Status Report (ECO)
April 15, 2011 Filing 48 JOINT STATUS REPORT by Liberty Mutual Fire Insurance Company, Kelly Middendorf, Stephen Middendorf. (Miller, Donald)
March 18, 2011 Filing 47 NOTICE of Change of Address by Donald L. Miller, II (Miller, Donald)
January 12, 2011 Opinion or Order Filing 46 ORDER: All discovery in case shall cont. to be stayed, w/Status Report re: the propriety of continuing the stay to be submitted not later than thirty (30) days after entry of 6th CCA's ruling in Kendrick and/or Nichols, or not later than 4/11/2011, whichever occurs first. Signed by Magistrate Judge J. Gregory Wehrman on 1/12/2011.(KRS)cc: COR
January 10, 2011 NOTICE OF DOCKET MODIFICATION TO J. Gregory Wehrman re #45 Status Report; Error: the correct filers were not selected; Clerk added the plaintiffs as filers to the document. In the future, hold the ctrl key on the keyboard and click on each party filing the pleading. No further action required by counsel. cc: COR (KRS)
January 7, 2011 Filing 45 JOINT STATUS REPORT by Liberty Mutual Fire Insurance Company, Kelly and Stephen Middendorf. (Eckelberry, Rodger) Modified text to add filers on 1/10/2011 (KRS).
January 5, 2011 Filing 44 NOTICE of Change of Address by Donald L. Miller, II and John F. Carroll (Miller, Donald) Modified to add atty. Carroll on 1/6/2011 (KRS).
December 22, 2010 ***FILE SUBMITTED TO CHAMBERS of MAGISTRATE WEHRMAN for review: #43 Order-Status Report to be filed. (TED)
September 9, 2010 Opinion or Order Filing 43 ORDER re #42 Joint Status Report, the parties shall file a status report on or before 12/20/2010 regarding the propriety and/or necessity of continuing to stay this litigation until the court's ruling on class certification in Covington Civil 06-141-DLB or Covington Civil 06-146-DLB. If a ruling is issued prior to 12/20/2010, the parties shall, within fifteen (15) days of the court's ruling in the related cases, tender a new proposed plan for the completion of discovery in this case. Signed by Magistrate Judge J. Gregory Wehrman on 9/9/2010.(LMB)cc: COR
September 3, 2010 ***FILE SUBMITTED TO CHAMBERS of J. Gregory Wehrman for review: #42 Joint Status Report (ECO)
September 2, 2010 Filing 42 JOINT STATUS REPORT by Liberty Mutual Fire Insurance Company, Kelly Middendorf, Stephen Middendorf. (Miller, Donald)
May 7, 2010 Opinion or Order Filing 41 ORDER: It is ordered that the parties shall file Status Report on or before 9/3/2010 regarding the propriety and/or necessity of continuing to stay this litigation until the court's ruling on class certification in Covington Civil 06-141-DLB or Covington Civil 06-146-DLB. Signed by Magistrate Judge J. Gregory Wehrman on 5/7/10.(TED)cc: COR
April 29, 2010 ***FILE SUBMITTED TO CHAMBERS of J. Gregory Wehrman for review: #40 Joint Status Report (ECO)
April 28, 2010 Filing 40 JOINT STATUS REPORT by Liberty Mutual Fire Insurance Company, Kelly Middendorf, Stephen Middendorf. (Miller, Donald)
April 22, 2010 Opinion or Order Filing 39 ORDER: It is ordered that the parties shall file a Status Report due by 5/3/2010 regarding the propriety and/or necessity of continuing to stay this litigation until the court's ruling on class certification in Covington Civil 06-141-DLB or Covington Civil 06-146-DLB. Signed by Magistrate Judge J. Gregory Wehrman on 4/22/10.(TED)cc: COR
February 12, 2010 Opinion or Order Filing 38 ORDER: All discovery in the above case shall continue to be stayed, with a status report to be filed 30 days after entry of the court's ruling on class certification in Cov.Civ. 06-141-DLB or Cov.Civ. 146, or not later than 4/12/2010. Signed by Magistrate Judge J. Gregory Wehrman on 2/12/2010.(ECO)cc: COR
February 4, 2010 Filing 37 JOINT STATUS REPORT by Kelly Middendorf, Stephen Middendorf, Liberty Mutual Fire Insurance Company. (Miller, Donald)
February 4, 2010 ***FILE SUBMITTED TO CHAMBERS of J. Gregory Wehrman for review: #37 Status Report (ECO)
November 4, 2009 Opinion or Order Filing 36 ORDER: All discovery in this case shall cont. to be stayed, with status report to be filed 30 days after entry of court's ruling on class certification in Cov. Civ. 06-141 or Cov. Civ. 06-146 or not later than 2/4/2010, whichever occurs first. Signed by Magistrate Judge J. Gregory Wehrman on 11/4/2009.(KRS)cc: COR Modified on 11/4/2009 to correct case number(KRS).
November 2, 2009 ***FILE SUBMITTED TO CHAMBERS of Magistrate Judge J. Gregory Wehrman for review: #35 Status Report (LST)
October 31, 2009 Filing 35 INTERIM STATUS REPORT by Kelly Middendorf, Stephen Middendorf. (Nordloh, Christopher)
September 3, 2009 Opinion or Order Filing 34 ORDER; 1)All discovery in this case shall continue to be stayed; 2)Status Report to be filed 30 days after entry of court's ruling on class certification in Cov. Civ. 06-141 or Cov. Civ. 06-145 or not later than 10/30/2009, whichever occurs first. Signed by Magistrate Judge J. Gregory Wehrman on 09/03/2009.(LST)cc: COR
September 1, 2009 ***FILE SUBMITTED TO CHAMBERS of Magistrate Wehrman for review: #33 Joint Status Report (TED)
August 31, 2009 Filing 33 JOINT STATUS REPORT by Liberty Mutual Fire Insurance Company. (Eckelberry, Rodger)
June 3, 2009 Opinion or Order Filing 32 VIRTUAL ORDER: #31 CONSENT MOTION to Stay filed by Stephen Middendorf, Kelly Middendorf is GRANTED. Status Reports due thirty days after the entry of the Court's ruling on class certification in those cases, or not later than 8/31/2009.. Signed by Magistrate Judge J. Gregory Wehrman on 6/3/09.(TED)cc: COR
May 29, 2009 ***MOTION SUBMITTED TO CHAMBERS of Judge J. Gregory Wehrman for review: re #31 CONSENT MOTION to Stay by Kelly Middendorf, Stephen Middendorf and Liberty Mutual Fire Insurance Company (JMM)
May 28, 2009 Filing 31 CONSENT MOTION to Stay by Kelly Middendorf, Stephen Middendorf Motions referred to J. Gregory Wehrman. (Attachments: #1 Proposed Order Granting Consent Motion to Stay Discovery)(Nordloh, Christopher)
April 16, 2009 Opinion or Order Filing 30 ORDER: IT IS HEREBY ORDERED AND ADJUDGED AS FOLLOWS: 1. That attorneys John F. Carroll, Jr. and Maureen P. Taylor and the law firm of Gwin Steinmetz Miller & Baird PLLC (now Gwin Steinmetz & Baird PLLC) are withdrawn from this case; and 2. That Defendant Liberty Mutual Fire Insurance Company will contine to be represented by Donald L. Miller, II. Signed by Magistrate Judge J. Gregory Wehrman on 4/16/2009. (JMM)cc: COR
April 15, 2009 NOTICE OF DOCKET MODIFICATION TO John Carroll re #29 MOTION to Withdraw as Attorney by Liberty Mutual Fire Insurance Company ; Error: Signature on document and filer do not match. Entry by attorney. The name of the Filing User under whose login and password the document is submitted must be typed in the space where the signature would otherwise appear. No further action required by counsel. cc: COR (TED)
April 15, 2009 ***MOTION SUBMITTED TO CHAMBERS of MAGISTRATE WEHRMAN for review: #28 MOTION to Withdraw as Attorney by Liberty Mutual Fire Insurance Company, #29 MOTION to Withdraw as Attorney by Liberty Mutual Fire Insurance Company (TED)
April 14, 2009 Filing 29 MOTION to Withdraw as Attorney by Liberty Mutual Fire Insurance Company Motions referred to J. Gregory Wehrman. (Attachments: #1 Proposed Order)(Carroll, John)
April 14, 2009 Filing 28 MOTION to Withdraw as Attorney by Liberty Mutual Fire Insurance Company Motions referred to J. Gregory Wehrman. (Attachments: #1 Proposed Order)(Taylor, Maureen)
March 31, 2009 IMPORTANT NOTICE - PRIVACY RULES and REDACTION POLICY: F.R.Civ.P. 5.2 requires that personal identification information must be partially redacted from documents filed with the court. #Click here for more information on the rules. In connection with the Federal Privacy Rule, the Court's Privacy Policy may be found on the court website at www.kyed.uscourts.gov. #Read this policy carefully. It is the sole responsibility of counsel and the parties to comply with the rules of this court requiring redaction of personal data identifiers. cc: COR (TED)
March 30, 2009 Opinion or Order Filing 27 SCHEDULING ORDER: (A) DEADLINES AND CASE SCHEDULE: 1) Rule 26(a)(1) Disclosures deferred pending the Court's rulings on class certification; 2) Rule 26(a)(2) reports from pre-certification expert witnesses from plfs 8/31/09, from dft 9/30/09. These reports not to be filed in record; 3) Pre-certification fact discovery due on or before 7/31/09. Pre-certification expert witness discovery due on or before 10/31/09; 4) Status Report due on or before 7/31/09; 5) Class certification motion due on or before 12/4/09. Dft's responses shall be filed 30 days thereafter and plfs' reply due 15 days thereafter; 6) Copies of Memoranda requirements set forth. (B) REFERRAL TO MAGISTRATE JUDGE AND PRE-TRIAL DISCOVERY PROCEDURE: (1) Case referred to Magistrate Judge J. Gregory Wehrman to supervise discovery and pretrial proceedings. (2) Discovery dispute resolution. Signed by Judge David L. Bunning (TED)cc: COR
March 30, 2009 ***FILE SUBMITTED TO CHAMBERS of JUDGE BUNNING for review: #26 Report of Rule 26(f) Planning Meeting (TED)
March 27, 2009 Filing 26 JOINT REPORT of Rule 26(f) Planning Meeting. (Nordloh, Christopher)
March 26, 2009 Filing 25 MINUTE ENTRY ORDER FOR DOCKET CALL held on 3/26/09 before Judge David L. Bunning: 1) The parties shall file a joint Proposed Case Schedule no later than 3/27/09; 2) For reasons stated on the record, motion to dismiss or alternatively motion to strike class allegations filed by defendant #9 be, and hereby is DENIED as moot with respect to defendant's duplication argument and DENIED in all other respects. (Court Reporter LISA WIESMAN.) (TED)cc: COR
March 11, 2009 Opinion or Order Filing 24 ORDER: It is ordered that oral argument re #9 MOTION to Dismiss by Liberty Mutual Fire Insurance Company/MOTION to strike class allegations by Liberty Mutual Fire Insurance Company be, and hereby is set for oral argument 3/26/2009 10:00 AM in COVINGTON before Judge David L. Bunning. Signed by Judge David L. Bunning on 3/11/09.(TED)cc: COR
May 21, 2008 Opinion or Order Filing 23 ORDER granting #19 Motion to Appear Pro Hac Vice for Robert M. Kincaid to appear as counsel for defendant Liberty Mutual Fire Insurance Company. Signed by David L. Bunning on 5/21/08. (TED)cc: COR
May 21, 2008 Opinion or Order Filing 22 ORDER granting #20 Motion to Appear Pro Hac Vice for Jessie M. Gabriel to appear as counsel for defendant Liberty Mutual Fire Insurance Company. Signed by David L. Bunning on 5/21/08. (TED)cc: COR
May 21, 2008 NOTICE OF DOCKET MODIFICATION TO Robert Kincaid re #20 MOTION for Jessie Morgan Gabriel to Appear Pro Hac Vice by Liberty Mutual Fire Insurance Company ( Filing fee $65; receipt number 1212474), #19 MOTION for Robert M. Kincaid, Jr. to Appear Pro Hac Vice by Liberty Mutual Fire Insurance Company ( Filing fee $65; receipt number 1212454) ; Error: Attachments were insufficiently described as "Exhibit 1", "Exhibit 2".; Entry by Attorney; Correction: Clerk has renamed the attachments. It is necessary tht all attachments are adequately described. ex: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel; cc: COR (TED)
May 21, 2008 ***MOTION SUBMITTED TO CHAMBERS of JUDGE BUNNING for review: #20 MOTION for Jessie Morgan Gabriel to Appear Pro Hac Vice by Liberty Mutual Fire Insurance Company ( Filing fee $65; receipt number 1212474), #19 MOTION for Robert M. Kincaid, Jr. to Appear Pro Hac Vice by Liberty Mutual Fire Insurance Company ( Filing fee $65; receipt number 1212454) (TED)
May 20, 2008 Opinion or Order Filing 21 ORDER granting #18 Motion to Appear Pro Hac Vice for Rodger L. Eckelberry to represent Liberty Mutual Fire Insurance Company. Signed by David L. Bunning on 5/20/08. (TED)cc: COR
May 20, 2008 Filing 20 MOTION for Jessie Morgan Gabriel to Appear Pro Hac Vice by Liberty Mutual Fire Insurance Company ( Filing fee $65; receipt number 1212474) (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Kincaid, Robert)
May 20, 2008 Filing 19 MOTION for Robert M. Kincaid, Jr. to Appear Pro Hac Vice by Liberty Mutual Fire Insurance Company ( Filing fee $65; receipt number 1212454) (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Kincaid, Robert)
May 20, 2008 ***MOTION SUBMITTED TO CHAMBERS of JUDGE BUNNING for review: #18 MOTION for Rodger L. Eckelberry to Appear Pro Hac Vice by Liberty Mutual Fire Insurance Company ( Filing fee $65; receipt number 1211542) (TED)
May 19, 2008 Filing 18 MOTION for Rodger L. Eckelberry to Appear Pro Hac Vice by Liberty Mutual Fire Insurance Company ( Filing fee $65; receipt number 1211542) (Attachments: #1 Affidavit Exhibit A, #2 Proposed Order Exhibit B)(Eckelberry, Rodger)
May 19, 2008 Filing 17 NOTICE TO ATTORNEY Rodger L. Eckelberry by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application (TED)
May 16, 2008 Filing 15 NOTICE OF APPEARANCE As Additional Counsel by Liberty Mutual Fire Insurance Company. (Eckelberry, Rodger)
May 16, 2008 ***MOTION SUBMITTED TO CHAMBERS of JUDGE BUNNING for review: #9 MOTION to Dismiss by Liberty Mutual Fire Insurance Company MOTION to strike class allegations by Liberty Mutual Fire Insurance Company (TED)
May 15, 2008 Filing 14 REPLY BRIEF to #9 filed by Liberty Mutual Fire Insurance Company. (Miller, Donald)
May 14, 2008 Opinion or Order Filing 16 ORDER: It is ordered that Liberty Mutual shall have through and including May 15, 2008 in which to file its reply re #9 MOTION to Dismiss by Liberty Mutual Fire Insurance Company or alternative MOTION to strike class allegations by Liberty Mutual Fire Insurance Company. Signed by David L. Bunning on 5/14/08.(TED)cc: COR
May 14, 2008 ***FILE SUBMITTED TO CHAMBERS of JUDGE BUNNING for review: #13 Proposed Agreed Order/Stipulation (TED)
May 13, 2008 Filing 13 Proposed Agreed Order/Stipulation Enlarging Time by Kelly Middendorf, Stephen Middendorf, Liberty Mutual Fire Insurance Company. (Miller, Donald)
May 6, 2008 Conflict Check run. (TED)
May 5, 2008 Filing 12 FRCP 7.1 DISCLOSURE STATEMENT by Liberty Mutual Fire Insurance Company identifying Corporate Parent Liberty Mutual Holding Company Inc., Corporate Parent Liberty Mutual Group Inc., Corporate Parent LMHC for Liberty Mutual Fire Insurance Company.. (Miller, Donald)
May 2, 2008 Filing 11 RESPONSE in Opposition re #9 MOTION to Dismiss by Liberty Mutual Fire Insurance Company MOTION to strike class allegations by Liberty Mutual Fire Insurance Company filed by Kelly Middendorf, Stephen Middendorf. (Attachments: #1 Exhibit H.B. 525/GA, effective July 15, 2008, #2 Exhibit Order Certifying Class, #3 Exhibit Order Certifying Class, #4 Exhibit Order Certifying Class, #5 Exhibit Order Certifying Class, #6 Exhibit Order Certifying Class, #7 Exhibit Order Certifying Class)(Nordloh, Christopher)
May 2, 2008 Filing 10 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Donald Miller. #7 Answer to Complaint has been filed by Liberty Mutual Fire Insurance Company without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within ten (10) days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (TED)
May 2, 2008 NOTICE OF DOCKET MODIFICATION TO Donald Miller re #8 MOTION to Dismiss by Liberty Mutual Fire Insurance Company or, Alternatively, to Strike Class Allegations ; Error: This motion requests 2 forms of relief. The attorney only selected one motion relief. Entry by Attorney. Correction: Clerk has re-filed the pleading choosing both forms of relief requested at #9 . In the future, when filing a motion with multiple reliefs, attorney should select a motion relief for each relief requested in motion to allow all motions to appear on the Judge's motion report. No further action required by counsel. cc: COR (TED)
May 1, 2008 Filing 9 MOTION to Dismiss by Liberty Mutual Fire Insurance Company, or alternatively MOTION to strike class allegations with Memorandum of Law in support by Liberty Mutual Fire Insurance Company. FILED pursuant to QC DE #8 . (Attachments: #1 Memorandum in Support, #2 Proposed Order Alternative I, #3 Proposed Order Alternative II)(TED)
May 1, 2008 Filing 8 INCORRECTLY FILED MOTION to Dismiss by Liberty Mutual Fire Insurance Company or, Alternatively, to Strike Class Allegations (Attachments: #1 Memorandum in Support, #2 Proposed Order Alternative I, #3 Proposed Order Alternative II)(Miller, Donald) Modified text and terming motion on 5/2/2008 (TED). SEE DE #9 for correct entry.
May 1, 2008 Filing 7 ANSWER to #1 Complaint, by Liberty Mutual Fire Insurance Company. (Attachments: #1 Exhibit 1 - Case Management Order, #2 Exhibit 2 - 05/03/07 Hearing Transcript)(Miller, Donald)
April 23, 2008 Opinion or Order Filing 6 ORDER granting #5 Motion to Appear Pro Hac Vice. Gary E. Mason is admitted as pro hac vice counsel for plaintiffs.. Signed by David L. Bunning on 4/23/08. (TED)cc: COR
April 23, 2008 ***MOTION SUBMITTED TO CHAMBERS of JUDGE BUNNING for review: #5 MOTION for Gary E. Mason to Appear Pro Hac Vice by Stephen Middendorf ( Filing fee $65; receipt number 1190554) (TED)
April 22, 2008 Filing 5 MOTION for Gary E. Mason to Appear Pro Hac Vice by Stephen Middendorf ( Filing fee $65; receipt number 1190554) (Attachments: #1 Affidavit Pro Hac Vice Gary E. Mason, #2 Proposed Order Granting Pro Hac Vice Motion)(Edmondson, Alexander)
April 18, 2008 Filing 4 WAIVER OF SERVICE Returned Executed by Kelly Middendorf, Stephen Middendorf. Liberty Mutual Fire Insurance Company waiver sent on 3/14/2008, answer due 5/13/2008. (Reed, Jason)
April 3, 2008 Conflict Check run as to DLB (LSG)
March 31, 2008 Opinion or Order Filing 3 ORDER OF RECUSAL. Judge William O. Bertelsman recused. Case reassigned to David L. Bunning for all further proceedings. Signed by Judge William O. Bertelsman on 3/31/2008.(LSG)cc: COR
March 27, 2008 Filing 2 NOTICE TO ATTORNEY Gary E. Mason by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 (Attachments: #1 Attorney Data Form Gary Mason)(TED)
March 12, 2008 Conflict Check run. (TED)
March 11, 2008 Filing 1 COMPLAINT ( Filing fee $350; receipt number 1156613), filed by Kelly Middendorf, Stephen Middendorf. (Attachments: #1 Exhibit Declaration Pages of policy, #2 Civil Cover Sheet, #3 Waiver of Service of Summons, #4 Case Assignment)(TED)

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Search for this case: Middendorf et al v. Liberty Mutual Fire Insurance Company
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Plaintiff: Kelly Middendorf
Represented By: John C. Whitfield
Represented By: Alexander F. Edmondson
Represented By: Christopher Scott Nordloh
Represented By: Gary E. Mason
Represented By: Jason Vincent Reed
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Plaintiff: Stephen Middendorf
Represented By: Alexander F. Edmondson
Represented By: Christopher Scott Nordloh
Represented By: Gary E. Mason
Represented By: Jason Vincent Reed
Represented By: John C. Whitfield
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Defendant: Liberty Mutual Fire Insurance Company
Represented By: Donald L. Miller, II
Represented By: Jessie M. Gabriel
Represented By: John F. Carroll, Jr.
Represented By: Maureen P. Taylor
Represented By: Robert M. Kincaid, Jr.
Represented By: Rodger L. Eckelberry
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