Hamernick v. Daniels et al
Plaintiff: Josiah Hamernick
Defendant: Donyale Daniels and Exel Inc.
Case Number: 1:2019cv00119
Filed: September 9, 2019
Court: US District Court for the Western District of Kentucky
Presiding Judge: H Brent Brennenstuhl
Referring Judge: Greg N Stivers
Nature of Suit: Motor Vehicle
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on November 25, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 30, 2019 Opinion or Order Filing 73 SCHEDULING ORDER for proceedings held before Magistrate Judge H. Brent Brennenstuhl: Telephonic Scheduling Conference held on 10/28/2019. Rule 26(a)(1) Disclosures due by 11/8/2019. Supplementations shall be made within thirty days of first learning of the need to supplement, but no later than thirty days prior to the end of discovery. Joinder of Parties and Amended Pleadings due by 1/31/2020. Pretrial Fact Discovery due by 2/28/2020. Expert Witness (Plaintiff) due by 3/31/2020. Expert Witness (Defendant) due by 3/29/2020. Expert Discovery due by 9/30/2020. Telephonic Status Conference set for 10/2/2020 at 9:30 AM CT before Magistrate Judge H. Brent Brennenstuhl. Dispositive Motions and Daubert Motions due by 10/30/2020. (Review Order in full for specifics, including discovery guidelines.) cc: Counsel (CDF)
October 29, 2019 Opinion or Order Filing 72 ORDER GRANTING MOTION TO WITHDRAW APPEARANCE Signed by Magistrate Judge H. Brent Brennenstuhl on 10/28/2019 granting #70 Motion to Withdraw as Attorney. Robert A. Montgomery's appearance on behalf of the Plaintiff is withdrawn. cc: Counsel (CDF)
October 21, 2019 Filing 71 Joint REPORT of Rule 26(f) Planning Meeting by Donyale Daniels, Exel Inc.. (Salisbury, R.)
October 10, 2019 Filing 70 MOTION to Withdraw as Attorney . (Continue to receive notice:No) by Plaintiff Josiah Hamernick (Attachments: #1 Proposed Order) (Durkin, Kevin)
October 8, 2019 Opinion or Order Filing 69 ORDER by Chief Judge Greg N. Stivers on 10/7/2019 re #61 Notice of Deficiency issued to Attorney Robert A. Montgomery. IT IS HEREBY ORDERED that Attorney Robert Montgomery shall SHOW CAUSE within 21 days of the entry of this Order why the Court should not strike him as counsel of record in this case for his failure to seek admission pro hac vice in accordance with LR 83.2. cc: Counsel; Attorney Robert A. Montgomery (paper copy) (CDF)
September 12, 2019 Opinion or Order Filing 68 ORDER FOR ADMISSION PRO HAC VICE Signed by Magistrate Judge H. Brent Brennenstuhl on 9/12/2019 granting #65 Motion to Appear Pro Hac Vice as to Kevin P. Durkin. cc: Counsel (CDF)
September 12, 2019 Opinion or Order Filing 67 ORDER FOR ADMISSION PRO HAC VICE Signed by Magistrate Judge H. Brent Brennenstuhl on 9/12/2019 granting #64 Motion to Appear Pro Hac Vice as to Tracy A. Brammeier. cc: Counsel (CDF)
September 11, 2019 Opinion or Order Filing 66 ORDER by Chief Judge Greg N. Stivers (EBOC) on 9/11/2019; Telephonic Rule 16 Scheduling Conference set for 10/28/2019 at 9:00 AM CT before Magistrate Judge H. Brent Brennenstuhl. Counsel who will try the case shall participate in the conference. Counsel for the parties shall conduct meeting required by rule 26(f) by 10/7/2019 and file their Rule 26 Meeting Report by 10/21/2019. (Review Order for specifics, including conference agenda and report requirements.) cc: Counsel; KL (CDF)
September 10, 2019 Filing 65 MOTION for Kevin P. Durkin to Appear Pro Hac Vice by Plaintiff Josiah Hamernick. (Filing fee $125 - Receipt #B33002080) (Attachments: #1 certification of good standing, #2 Proposed Order) (CDF)
September 10, 2019 Filing 64 MOTION for Tracy A. Brammeier to Appear Pro Hac Vice by Plaintiff Josiah Hamernick. (Filing fee $ 125 - Receipt #B33002080) (Attachments: #1 certification of good standing, #2 Proposed Order) (CDF)
September 10, 2019 Opinion or Order Filing 63 TEXT ORDER by Chief Judge Greg N. Stivers (EBOC) on 09/10/2019; Pursuant to 28 U.S.C. 636(b)(1)(A), this matter is hereby referred to U.S. Magistrate Judge H. Brent Brennenstuhl, for resolution of all litigation planning issues, entry of scheduling orders, consideration of amendments thereto, and resolution of all non-dispositive matters, including discovery issues. Judge Brennenstuhl is further authorized to conduct a settlement conference in this matter at any time. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel of Record; KLL (TJD)
September 9, 2019 Filing 62 ATTORNEY NOTICE of Deficiency issued to Tracy Brammeier re #58 Case Transfer from the Northern District of Indiana. Failure to comply will be brought to the attention of the Court. Response due by 10/23/2019. (JM)
September 9, 2019 Filing 61 ATTORNEY NOTICE of Deficiency issued to Attorney Robert Montgomery re #58 Case Transfer from the Northern District of Indiana. Failure to comply will be brought to the attention of the Court. Response due by 9/23/2019. (JM)
September 9, 2019 Filing 60 ATTORNEY NOTICE of Deficiency issued to Attorney Kevin P. Durkin re #58 Case Transfer from the Northern District of Indiana. Failure to comply will be brought to the attention of the Court. Response due by 9/23/2019. (JM)
September 9, 2019 Filing 59 Case Assignment (Random Selection): Case Assigned to Chief Judge Greg N. Stivers. (JM)
September 9, 2019 Filing 58 Case transferred in from District of Indiana Northern; Case Number 2:18-cv-00115. Original file certified copy of transfer order and docket sheet received. (JM)
September 4, 2019 Opinion or Order Filing 57 ORDER the Court GRANTS Defendants' #53 Motion to Change Venue, and DIRECTS the Clerk of Court to transfer this case to the Western District of Kentucky, Bowling Green Division for all further proceedings. Signed by Magistrate Judge John E Martin on 9/4/2019. (shk) [Transferred from innd on 9/9/2019.]
August 30, 2019 Filing 56 RESPONSE to Motion re #53 MOTION to Change Venue Renewed Motion to Transfer Venue filed by Josiah Hamernick. (Brammeier PHV, Tracy) [Transferred from innd on 9/9/2019.]
August 23, 2019 Opinion or Order Filing 55 ORDER granting #54 Plaintiff's Motion for Extension of Time to Respond to #53 Defendants' Renewed Motion to Transfer Venue. Plaintiff's response to be filed by 8/30/2019. Approved by Magistrate Judge John E Martin on 8/23/2019. No pdf attached.(sa) [Transferred from innd on 9/9/2019.]
August 22, 2019 Filing 54 MOTION for Extension of Time to File Response/Reply by Plaintiff Josiah Hamernick. (Attachments: #1 Exhibit A)(Brammeier PHV, Tracy) [Transferred from innd on 9/9/2019.]
August 9, 2019 Filing 53 MOTION to Change Venue Renewed Motion to Transfer Venue by Defendants Donyale Daniels, Exel Inc. (Attachments: #1 Exhibit Facebrook Profile, #2 Exhibit Motor Vehicle Registration, #3 Exhibit Driving Record, #4 Exhibit Excerpts from Donyale Daniel's Deposition, #5 Exhibit Court Statistics)(Salisbury, R) [Transferred from innd on 9/9/2019.]
July 10, 2019 Filing 52 REPORT by Josiah Hamernick Plaintiff's Mediation Report. (Brammeier PHV, Tracy) [Transferred from innd on 9/9/2019.]
May 2, 2019 Opinion or Order Filing 51 ORDER: On oral motion of Plaintiff made in open Court on 5/2/2019, Plaintiff's #11 Motion to Remand; and Plaintiff's #33 Motion to Remand are hereby ORDERED WITHDRAWN. No pdf order to further issue. By Magistrate Judge John E Martin on 5/2/2019. (smb) [Transferred from innd on 9/9/2019.]
May 2, 2019 Filing 50 TELEPHONE CONFERENCE held 5/2/2019 before Magistrate Judge John E Martin. Pla J Hamernick appeared by attys Kevin Kurkin, Robert Montgomery. Dfts D Daniels, Exel Inc. appeared by atty R Morgan Salisbury. There is no agreement on transfer of venue. Deposition of Dft D Daniels recently completed. On oral motion of Plaintiff, the MOTION TO REMAND filed at DE #11 , and MOTION TO REMAND filed at DE #33 are ORDERED WITHDRAWN. Court establishes the deadline of 8/9/2019 for parties to file any renewed motion to remand or transfer. Parties advise the Court mediation is currently set for 7/9/2019. Mediation Report due immediately following conclusion of mediation. (#FTR.)(smb) [Transferred from innd on 9/9/2019.]
May 2, 2019 Filing 49 NOTICE of Appearance by R Morgan Salisbury on behalf of Donyale Daniels, Exel Inc (Salisbury, R) [Transferred from innd on 9/9/2019.]
May 1, 2019 Opinion or Order Filing 48 ORDER REASSIGNING CASE. Case reassigned to Chief Judge Theresa L Springmann for all further proceedings. Judge Rudy Lozano no longer assigned to case. Signed by Chief Judge Theresa L Springmann on 5/1/19. (dk) [Transferred from innd on 9/9/2019.]
March 1, 2019 Filing 47 TELEPH STATUS HEARING held 3/1/2019 before Magistrate Judge John E Martin. Pla appeared by attys Kevin Durkin, Robert Montgomery. Dfts appeared by attys Morgan Salisbury, Patrick Healy. Procedural options discussed. Per DE #42 Notice, the Court ORDERS Defendant Excel's Motion to Dismiss filed at 35 WITHDRAWN. Defendant Excel's #17 MOTION to Transfer is ORDERED DENIED with leave to refile when limited discovery is completed. Court STAYS ruling on remaining motion(s) to be discussed further at the next Telephonic Status Conference on 5/2/2019 10:30 AM Central before Magistrate Judge John E Martin. The Court to initiate the conference. (#FTR.) (smb) [Transferred from innd on 9/9/2019.]
February 26, 2019 Filing 46 NOTICE of Appearance by R Morgan Salisbury on behalf of Donyale Daniels, Exel Inc (Salisbury, R) [Transferred from innd on 9/9/2019.]
February 25, 2019 Opinion or Order Filing 45 AMENDED ORDER/RESET HEARING: Telephonic Status Conference on 3/6/2019 is ORDERED RESET to 3/1/2019 10:00 AM Central before Magistrate Judge John E Martin w/the Court initiating the conference. Text entry. By Magistrate Judge John E Martin on 2/25/2019. (smb) [Transferred from innd on 9/9/2019.]
February 25, 2019 Opinion or Order Filing 44 ORDER/SET HEARING: Telephonic Status Conference set for 3/6/2019 09:30 AM Central before Magistrate Judge John E Martin w/the Court initiating the conference. Any change in contact info is to be provided to the case manager sue_brown@innd.uscourts.gov no earlier than 48 hours in advance. Text entry.By Magistrate Judge John E Martin on 2/25/2019. (smb) [Transferred from innd on 9/9/2019.]
February 4, 2019 Filing 43 ANSWER to Complaint by Donyale Daniels.(Healy, Patrick) [Transferred from innd on 9/9/2019.]
January 22, 2019 Filing 42 NOTICE by Exel Inc re 35 MOTION to Dismiss Donyale Daniels for Withdrawal of Motion to Dismiss (Healy, Patrick) [Transferred from innd on 9/9/2019.]
January 15, 2019 ALIAS SUMMONS Returned Executed at DE #41 . Donyale Daniels served on 1/14/2019, answer due 2/4/2019. (ksc) [Transferred from innd on 9/9/2019.]
January 15, 2019 Filing 41 ACKNOWLEDGEMENT OF SERVICE Executed Acknowledgement filed by Josiah Hamernick. (Montgomery, Robert) [Transferred from innd on 9/9/2019.]
January 15, 2019 Filing 40 **FILING ERROR - DOCUMENT REFILED AT #41 ** ACKNOWLEDGEMENT OF SERVICE Executed Acknowledgement filed by Josiah Hamernick. (Montgomery, Robert) Modified on 1/16/2019 (ksc). [Transferred from innd on 9/9/2019.]
January 4, 2019 Filing 39 ALIAS SUMMONS ISSUED as to Donyale Daniels. NOTE: The attached document is accessible by court personnel only. Summons forms that were electronically submitted to the court for issuance will be returned to counsel via e-mail. (jld) [Transferred from innd on 9/9/2019.]
January 4, 2019 Filing 38 Proposed Summons filed by Josiah Hamernick. (Montgomery, Robert) [Transferred from innd on 9/9/2019.]
January 4, 2019 Filing 37 ALIAS SUMMONS ISSUED as to Donyale Daniels. NOTE: The attached document is accessible by court personnel only. Summons forms that were electronically submitted to the court for issuance will be returned to counsel via e-mail. (jld) [Transferred from innd on 9/9/2019.]
January 3, 2019 Filing 36 Proposed Summons filed by Josiah Hamernick. (Attachments: #1 Proposed Summons 2nd Summons)(Montgomery, Robert) [Transferred from innd on 9/9/2019.]
January 2, 2019 Filing 34 RESPONSE to Motion re #33 First MOTION to Remand or for Extension of Time to Respond to Motion to Transfer filed by Exel Inc. (Healy, Patrick) [Transferred from innd on 9/9/2019.]
December 19, 2018 Filing 33 (Withdrawn 5/2/2019) First MOTION to Remand or for Extension of Time to Respond to Motion to Transfer by Plaintiff Josiah Hamernick. (Attachments: #1 Exhibit)(Brammeier PHV, Tracy) Modified on 5/2/2019 to show withdrawn(smb). [Transferred from innd on 9/9/2019.]
November 28, 2018 Filing 32 SUMMONS REISSUED as to Donyale Daniels. NOTE: The attached document is accessible by court personnel only. Summons forms that were electronically submitted to the court for issuance will be returned to counsel via e-mail. (mlc) [Transferred from innd on 9/9/2019.]
November 28, 2018 Filing 31 Proposed Summons filed by Josiah Hamernick. (Montgomery, Robert) [Transferred from innd on 9/9/2019.]
November 27, 2018 Filing 30 **WRONG EVENT USED, SEE DE 31 FOR CORRECTION** SUMMONS Returned Executed by Josiah Hamernick. Donyale Daniels served on 11/27/2018, answer due 12/18/2018. (Montgomery, Robert) Modified on 11/28/2018 to edit text (mlc). [Transferred from innd on 9/9/2019.]
November 7, 2018 Opinion or Order Filing 29 ORDER The Court GRANTS in part and DENIES in part Plaintiff's Motion to Stay Exel Inc.'s Motion to Transfer and Issue Limited Discovery DE #21 . The Court ORDERS the parties to engage in limited discovery on the issue of Defendant Donyale Daniels's residence. The Court ORDERS Plaintiff to file his response to Defendant Exel Inc.'s Motion to Transfer Venue by January 4, 2019, and Exel to file its reply by January 11, 2019. Signed by Magistrate Judge John E Martin on 11/7/18. (kjp) [Transferred from innd on 9/9/2019.]
August 6, 2018 Opinion or Order Filing 28 ORDER granting #27 Application to Appear Pro Hac Vice of Attorney Kevin P Durkin PHV for Josiah Hamernick. Signed by Magistrate Judge John E Martin on 8/6/2018. (mtr) [Transferred from innd on 9/9/2019.]
August 3, 2018 Filing 27 Application for Attorney Kevin P. Durkin to Appear Pro Hac Vice on behalf of Josiah Hamernick. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-3641074(Pro Hac Vice Temporary login, ) [Transferred from innd on 9/9/2019.]
May 31, 2018 Opinion or Order Filing 26 ORDER granting #23 Application to Appear Pro Hac Vice of Attorney Tracy A Brammeier PHV for Josiah Hamernick. Signed by Magistrate Judge John E Martin on 5/31/2018. (mtr) [Transferred from innd on 9/9/2019.]
May 30, 2018 Filing 25 REPLY to Response to Motion re #21 First MOTION for Extension of Time to File Response/Reply to Response and Objection to Motion to Stay and Issue Limited Discovery filed by Josiah Hamernick. (Montgomery, Robert) [Transferred from innd on 9/9/2019.]
May 23, 2018 Filing 24 RESPONSE to Motion re #21 First MOTION for Extension of Time to File Response/Reply filed by Exel Inc. (Healy, Patrick) [Transferred from innd on 9/9/2019.]
May 23, 2018 Filing 23 Application for Attorney Tracy A. Brammeier to Appear Pro Hac Vice on behalf of Josiah Hamernick. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-3574818(Pro Hac Vice Temporary login, ) [Transferred from innd on 9/9/2019.]
May 17, 2018 Filing 22 RESPONSE to Motion re #11 MOTION to Remand - Sur Reply filed by Exel Inc. (Healy, Patrick) [Transferred from innd on 9/9/2019.]
May 9, 2018 Filing 21 Plaintiff's MOTION to Stay Exel Inc's Motion to Transfer and Issue Limited Discovery for Extension of Time to File Response/Reply by Plaintiff Josiah Hamernick. (Montgomery, Robert) Modified on 5/14/2018 to correct docket text (jss). [Transferred from innd on 9/9/2019.]
May 8, 2018 Filing 20 AFFIDAVIT re #19 Response/Reply OF ROGER GETZ by Josiah Hamernick. (Montgomery, Robert) [Transferred from innd on 9/9/2019.]
May 8, 2018 Filing 19 PLAINTIFF'S REPLY TO EXCEL INC.'S RESPONSE TO PLAINTIFF'S MOTION TO REMAND by Josiah Hamernick to #16 Response to Motion . (Montgomery, Robert) [Transferred from innd on 9/9/2019.]
May 1, 2018 Opinion or Order Filing 18 ORDER VACATING the R16B Preliminary Pretrial Conference on 5/24/2018 and vacating the related deadline within which to file a proposed discovery plan to be reset if necessary after ruling on the motion to remand and motion to transfer by the District Court. Text entry order. By Magistrate Judge John E Martin on 5/1/2018. (smb) [Transferred from innd on 9/9/2019.]
May 1, 2018 Filing 17 MOTION to Transfer Case by Defendant Exel Inc. (Attachments: #1 Exhibit Facebook Profile, #2 Exhibit Vehicle Registration Records, #3 Exhibit Driver's Liscense Info, #4 Exhibit U.S. Courts Statistics)(Healy, Patrick) [Transferred from innd on 9/9/2019.]
May 1, 2018 Filing 16 RESPONSE to Motion re #11 MOTION to Remand filed by Exel Inc. (Attachments: #1 Exhibit Missouri Driver's License Info, #2 Exhibit Facebook Profile, #3 Exhibit Motor Vehicle Registration)(Healy, Patrick) [Transferred from innd on 9/9/2019.]
April 26, 2018 Opinion or Order Filing 15 ORDER granting #14 Motion to Withdraw as Attorney. Attorney R Morgan Salisbury ORDERED WITHDRAWN on behalf of the Defendants. Text entry order. By Magistrate Judge John E Martin on 4/26/2018. (smb) [Transferred from innd on 9/9/2019.]
April 23, 2018 Filing 14 MOTION to Withdraw as Counsel by Defendants Donyale Daniels, Exel Inc. (jss) [Transferred from innd on 9/9/2019.]
April 18, 2018 Filing 13 SUMMONS REISSUED as to Donyale Daniels. NOTE: The attached document is accessible by court personnel only. Summons forms that were electronically submitted to the court for issuance will be returned to counsel via e-mail. (jld) [Transferred from innd on 9/9/2019.]
April 17, 2018 Filing 12 Proposed Summons filed by Josiah Hamernick. (Montgomery, Robert) [Transferred from innd on 9/9/2019.]
April 17, 2018 Filing 11 (Withdrawn 5/2/2019) MOTION to Remand by Plaintiff Josiah Hamernick. (Montgomery, Robert) Modified on 5/2/2019 to show withdrawn. (smb). [Transferred from innd on 9/9/2019.]
April 3, 2018 Filing 10 MAGISTRATE JUDGE CONSENT FORMS sent to all parties (Standard Track).. (smb) [Transferred from innd on 9/9/2019.]
April 3, 2018 Opinion or Order Filing 9 ORDER & NOTICE OF HEARING: Rule 16 Preliminary Pretrial Conference set for 5/24/2018 11:45 AM Central in US District Court - Hammond before Magistrate Judge John E Martin. Proposed joint discovery plan in accordance with FRCP 26(f) due by 5/18/2018. Signed by Magistrate Judge John E Martin on 4/3/2018. (smb) [Transferred from innd on 9/9/2019.]
March 29, 2018 Filing 8 ANSWER to Complaint by Exel Inc.(Healy, Patrick) [Transferred from innd on 9/9/2019.]
March 29, 2018 Opinion or Order Filing 7 ORDER STRIKING #4 Answer to Complaint filed by Exel Inc for failure to comply with Local Rule 10-1(a), requiring responsive pleadings under Federal Rule of Civil Procedure 7(a) to: (1) restate verbatim the paragraphs from the pleading they respond to; and (2) immediately following each restated paragraph, state the response to that paragraph. Text entry order. By Magistrate Judge John E Martin on 3/29/2018. (smb) [Transferred from innd on 9/9/2019.]
March 28, 2018 Filing 6 NOTICE of Appearance by Robert A Montgomery on behalf of All Plaintiffs (Montgomery, Robert) [Transferred from innd on 9/9/2019.]
March 28, 2018 Filing 5 Corporate Disclosure Statement by Exel Inc identifying Corporate Parent DPWN Holdings (USA), Inc for Exel Inc.. (Healy, Patrick) [Transferred from innd on 9/9/2019.]
March 28, 2018 Filing 4 (Stricken 3/29/2018) ANSWER to Complaint by Exel Inc.(Healy, Patrick) Modified on 3/29/2018 to show stricken.(smb). [Transferred from innd on 9/9/2019.]
March 26, 2018 Opinion or Order Filing 3 ORDER: Each party and each attorney in this case shall take reasonable steps to preserve electronically stored information (ESI) that is relevant to any claim or defense in this case, whether or not the information is admissible at trial. This requirement relates back to the point in time when the party or attorney reasonably anticipated litigation about these matters. Text entry order. By Magistrate Judge John E Martin on 3/26/2018. (smb) [Transferred from innd on 9/9/2019.]
March 23, 2018 Judge Rudy Lozano and Magistrate Judge John E Martin added. (NEW CASE) (jld) [Transferred from innd on 9/9/2019.]
March 21, 2018 Filing 1 NOTICE OF REMOVAL (Filing fee $ 400 receipt number 0755-3518487.) from Lake County Circuit Court, Cause No. 45C01-1802-CT-00023, filed by Exel, Inc.dba DHL Supply Chain. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Complaint, #3 Exhibit Notice of Removal (State Court), #4 Exhibit Facebook Post, #5 Exhibit Facebook Go Fund Me, #6 Exhibit KY Police Report, #7 Exhibit Excel Businss Info)(Healy, Patrick) [Transferred from innd on 9/9/2019.]
February 12, 2018 Filing 2 STATE COURT COMPLAINT against Donyale Daniels, Exel Inc, filed by Josiah Hamernick. (Attachments: #1 Exhibit Facebook Post, #2 Exhibit Go Fund Me Page, #3 Exhibit Kentucky Police Report, #4 Exhibit Excel Business Report)(jld) [Transferred from innd on 9/9/2019.]

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Defendant: Donyale Daniels
Represented By: R. Morgan Salisbury
Represented By: Patrick B. Healy
Represented By: Judd R. Uhl
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Defendant: Exel Inc.
Represented By: R. Morgan Salisbury
Represented By: Patrick B. Healy
Represented By: Judd R. Uhl
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Plaintiff: Josiah Hamernick
Represented By: Tracy Brammeier
Represented By: Robert A Montgomery
Represented By: Kevin P. Durkin
Represented By: Tracy A. Brammeier
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