Bello v. Cooper et al
| Leslie C Bello |
| Dr. Patrick Cooper, Ernest E Garrett, III and Patrick Cooper |
| 3:2020cv00088 |
| February 14, 2020 |
| US District Court for the Middle District of Louisiana |
| Richard L Bourgeois |
| John W deGravelles |
| Scott D Johnson |
| Civil Rights: Jobs |
| 28 U.S.C. § 1983 Civil Rights |
| Defendant |
Docket Report
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This docket was last retrieved on September 30, 2022. A more recent docket listing may be available from PACER.
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Filing 53
GENERAL ORDER: All pleadings and other papers filed under seal in civil and criminal actions shall be maintained under seal for thirty days following final disposition of the action. After that time, all sealed pleadings and other papers shall be placed in the case record unless a District Judge or Magistrate Judge, upon motion and for good cause shown, orders that the pleading or other paper be maintained under seal. The deadline for filing any motions regarding the unsealing of any document shall be within thirty days of the final disposition of any action and shall contain a concise statement of reasons for maintaining the pleading or other paper under seal. ATTENTION: If a motion to retain documents under seal is NOT filed, all documents shall be placed in the public case record, unless specifically identified in the attached General Order Signed by Chief Judge Shelly D. Dick on 7/8/2019. (EDC)
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Filing 52
JUDGMENT in favor of the Defendants Patrick Cooper and Ernest E Garrett, III against Plaintiff Leslie Bello, dismissing Plaintiff's federal and state constitutional claims for retaliation and Plaintiff's claim for injunctive relief against Garrett, with prejudice. The Court declines to exercise jurisdiction over Plaintiff's state law defamation claim against Cooper pursuant to 28 U.S.C. 1367(c)(3), dismissing Plaintiff's state law defamation claim against Cooper, without prejudice. Signed by Judge John W. deGravelles on 9/30/2022. (EDC)
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Filing 51
OPINION adopting #49 Report and Recommendations of the U.S. Magistrate Judge. #28 Motion for Summary Judgment is GRANTED. Plaintiff's federal and state constitutional claims for retaliation and Plaintiff's claim for injunctive relief against Garrett are DISMISSED with prejudice. Further, the Court declines to exercise jurisdiction over Plaintiff's state law defamation claim against Cooper pursuant to 28 U.S.C. 1367(c)(3), dismissing this claim, without prejudice, see Bass v. Parkwood Hosp., 180 F.3d 234, 246 (5th Cir. 1999) (When a court dismisses all federal claims before trial, the general rule is to dismiss any pendent claims. However, the dismissal of the pendent claims should expressly be without prejudice). Judgment shall be entered accordingly. Signed by Judge John W. deGravelles on 9/30/2022. (EDC)
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Filing 50
Objections to Mag. Judge Johnson's Report and Recommendation by Leslie C Bello (Smith, Joseph) Modified on 9/28/2022 to edit text (ELW).
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Filing 49
REPORT AND RECOMMENDATIONS regarding #28 MOTION for Summary Judgment filed by Ernest E Garrett, Patrick Cooper, Ernest E Garrett, III. It is the recommendation of the Magistrate Judge that Defendants' Motion for Summary Judgment (R. Doc. 28) be GRANTED. Plaintiff's federal and state constitutional claims for retaliation should be DISMISSED with prejudice. Plaintiff's claim for injunctive relief against Garrett should likewise be DISMISSED with prejudice. And the Court should "decline to exercise jurisdiction" over Plaintiff's state law defamation claim against Cooper pursuant to 28 U.S.C. 1367(c)(3), which should be DISMISSED without prejudice, see Bass v. Parkwood Hosp., 180 F.3d 234, 246 (5th Cir. 1999) ("When a court dismisses all federal claims before trial, the general rule is to dismiss any pendent claims. However, the dismissal of the pendent claims should expressly be without prejudice...."). Objections to R&R due by 9/27/2022. Signed by Magistrate Judge Scott D. Johnson on 9/13/2022. (KAH)
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Filing 48
Certificate of Interested Persons by Patrick Cooper, Ernest E Garrett, III identifying Affiliate/Interested Person State of Louisiana through the Department of Education, Affiliate/Interested Person Leslie C Bello, Affiliate/Interested Person Patrick Cooper, Affiliate/Interested Person Ernest E Garrett, Affiliate/Interested Person The Kullman Firm, APLC, Affiliate/Interested Person The Smith Law Firm, Affiliate/Interested Person The Louisiana Special School District for Ernest E Garrett III, Patrick Cooper. (Keenan, Christine)
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Filing 47
ORDER REFERRING MOTION to USMJ: #28 MOTION for Summary Judgment filed by Patrick Cooper, Ernest E Garrett, III. Signed by Judge John W. deGravelles on 05/05/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(KDC)
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Filing 46
ORDER: Due to the Court's backlog and congested docket arising from the COVID-19 pandemic. Status Conference set for 2/6/2023 at 08:30 AM in Courtroom 1 before Judge John W. deGravelles. Pretrial Conference set for 1/11/2023 at 03:00 PM in chambers before Judge John W. deGravelles. Jury Trial set for 2/6/2023 at 09:00 theough 2/10/2023 at 09:00 AM in Courtroom 1 before Judge John W. deGravelles. Proposed Pretrial Order due by 12/12/2022. Signed by Judge John W. deGravelles on 01/05/2022. (ELW)
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Filing 45
SUR-REPLY MEMORANDUM in Opposition to #28 MOTION for Summary Judgment filed by Leslie C Bello. (LLH)
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Filing 44
ORDER granting #43 Consent MOTION for Leave to File Sur-Reply in Opposition to Motion For Summary Judgment filed by Leslie C Bello. Signed by Judge John W. deGravelles on 12/09/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC)
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Filing 43
Consent MOTION for Leave to File Sur-Reply in Opposition to Motion For Summary Judgment by Leslie C Bello. (Attachments: #1 Proposed Pleading; Sur-Reply)(Smith, Joseph)
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Filing 42
ORDER granting #41 Motion to Withdraw Jessica M. Thomas as Attorney. Signed by Magistrate Judge Scott D. Johnson on 12/8/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH)
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MOTION(S) REFERRED: #41 Ex Parte MOTION for Jessica M. Thomas to Withdraw as Attorney . This motion is now pending before the USMJ. (LLH)
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Filing 41
Ex Parte MOTION for Jessica M. Thomas to Withdraw as Attorney by All Defendants. (Attachments: #1 Proposed Pleading;)(Keenan, Christine)
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Filing 40
REPLY Memorandum in Support of #28 MOTION for Summary Judgment filed by Patrick Cooper, Ernest E Garrett, III. (EDC)
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Filing 39
ORDER granting #37 Unopposed MOTION for Leave to File Reply Memorandum In Support of Motion for Summary Judgment In Excess of The Page Limit Set by Local Rule 7(g). Signed by Judge John W. deGravelles on 11/29/2021. (EDC)
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Filing 38
RESPONSE to Plaintiff's Response to Defendants' Statement of Material Facts In Support of Motion for Summary Judgment filed by All Defendants. (Keenan, Christine)
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Filing 37
Unopposed MOTION for Leave to File Reply Memorandum In Support of Motion for Summary Judgment In Excess of The Page Limit Set by Local Rule 7(g) by Patrick Cooper. (Attachments: #1 Proposed Pleading;, #2 Proposed Pleading;)(Keenan, Christine)
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Filing 36
MEMORANDUM in Opposition to #28 MOTION for Summary Judgment filed by Leslie C Bello. (Attachments: #1 Response to Statement of Facts, #2 Exhibit A through II)(NLT)
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Filing 35
ORDER granting #34 Consent MOTION for Leave to File Memorandum in Opposition to Defendants' Motion for Summary Judgment in Excess of the Page Limitations filed by Leslie C Bello. Signed by Judge John W. deGravelles on 11/15/2021. (NLT)
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Filing 34
Consent MOTION for Leave to File Memorandum in Opposition to Defendants' Motion for Summary Judgment in Excess of the Page Limitations by Leslie C Bello. (Attachments: #1 Proposed Pleading;, #2 Statement of Undisputed Facts -Response-, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N, #17 Exhibit O, #18 Exhibit P, #19 Exhibit Q, #20 Exhibit R, #21 Exhibit S, #22 Exhibit T, #23 Exhibit U, #24 Exhibit V, #25 Exhibit W, #26 Exhibit X, #27 Exhibit Y, #28 Exhibit Z, #29 Exhibit AA, #30 Exhibit BB, #31 Exhibit CC, #32 Exhibit DD, #33 Exhibit EE, #34 Exhibit FF, #35 Exhibit GG, #36 Exhibit HH, #37 Exhibit II)(Smith, Joseph)
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Filing 33
ORDER granting #32 Motion for Extension of Time until 11/12/2021 to File Response to #28 MOTION for Summary Judgment . Replies are due by 11/26/2021. Signed by Judge John W. deGravelles on 10/13/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC)
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Filing 32
Consent MOTION for Extension of Time to File Response to #28 MOTION for Summary Judgment by Leslie C Bello. (Smith, Joseph)
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Filing 31
MEMORANDUM in Support of #28 MOTION for Summary Judgment filed by Patrick Cooper, Ernest E Garrett, III. (LLH)
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Filing 30
NOTICE of Briefing Schedule on #28 MOTION for Summary Judgment : Opposition to the motion shall be filed within 21 days from the filing of the motion and shall not exceed 25 pages excluding attachments. The mover may file a reply brief within 14 days of the filing of the opposition and shall be limited to a total of 10 pages. No motion for leave will be required. Sur-Reply briefs will be permitted only with leave of Court for extraordinary reasons supported by sufficient facts. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC)
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Filing 29
ORDER granting #27 Motion for Leave to File Excess Pages of Memorandum in Support of Motion for Summary Judgment. Signed by Judge John W. deGravelles on 10/01/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC)
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Filing 28
MOTION for Summary Judgment by Patrick Cooper, Ernest E Garrett, III. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Attachment, #8 Statement of Undisputed Facts)(Keenan, Christine)
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Filing 27
Unopposed MOTION for Leave to File Excess Pages of Memorandum in Support of Motion for Summary Judgment by Patrick Cooper, Ernest E Garrett, III. (Attachments: #1 Memorandum in Support, #2 Proposed Pleading;)(Keenan, Christine)
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Filing 26
ORDER granting #25 Motion to Enroll Additional Attorney. Added attorney Sarah Bassett for Patrick Cooper and Ernest E Garrett, III. Signed by Magistrate Judge Scott D. Johnson on 9/22/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH)
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MOTION(S) REFERRED: #25 MOTION to Enroll Sarah T. Bassett as Additional Attorney for Defendants Dr. Patrick Cooper and Dr. Ernest E. Garrett, III. This motion is now pending before the USMJ. (ELW)
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Filing 25
MOTION to Enroll Sarah T. Bassett as Additional Attorney for Defendants Dr. Patrick Cooper and Dr. Ernest E. Garrett, III by Patrick Cooper, Ernest E Garrett, III. (Attachments: #1 Proposed Pleading;)(Keenan, Christine)
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Filing 24
ORDER: Plaintiff's consent #23 Motion for Extension and expedited consideration is GRANTED and the Scheduling Order (R. Doc. 18) is modified as follows: fact discovery and related motions are due by May 7, 2021. Signed by Magistrate Judge Scott D. Johnson on 2/24/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH)
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Filing 23
Consent MOTION for Extension of Discovery Deadlines - Expedited Consideration Requested - by Leslie C Bello. (Smith, Joseph). Added MOTION for Expedited Hearing on 2/23/2021 (EDC).
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MOTION(S) REFERRED: #23 Consent MOTION for Extension of Discovery Deadlines - Expedited Consideration Requested - MOTION for Expedited Hearing. This motion is now pending before the USMJ. (EDC)
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Filing 22
ANSWER to #1 Complaint by Ernest E Garrett, III.(Keenan, Christine)
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Filing 21
ORDER granting #19 Unopposed Motion to Withdraw #11 MOTION to Dismiss For Lack of Subject Matter Jurisdiction MOTION to Dismiss for Failure to State a Claim . Signed by Judge John W. deGravelles on 7/8/2020. (LT)
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Filing 20
ORDER: Defendants' #14 Motion to Strike their previously filed Notice of Appearance (R. Doc. 13) is GRANTED. The Clerk of Court will strike the Notice of Appearance (R. Doc. 13) from the record. Signed by Magistrate Judge Scott D. Johnson on 7/8/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH)
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Filing 19
Unopposed MOTION to Withdraw #11 MOTION to Dismiss by Ernest E Garrett, III. (Attachments: #1 Proposed Pleading; Proposed Order)(Keenan, Christine) Modified on 7/8/2020 to edit the docket text (KMW).
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Filing 18
SCHEDULING ORDER: In accordance with FRCP 16(b), the following discovery deadlines are established. The scheduling conference set for 7/9/2020 is CANCELLED. F.R.C.P. 26(a)(1) disclosures due by 10/30/2020. Discovery due by 3/8/2021. Plaintiff`s Expert Witness List due by 3/12/2021. Defendant`s Expert Witness List due by 4/12/2021. Plaintiff`s Expert Reports due by 6/11/2021. Defendant`s Expert Reports due by 7/12/2021. Discovery from Experts due by 8/9/2021. Dispositive and Daubert Motions shall be filed by 9/30/2021. Proposed Pretrial Order due by 1/18/2022. Pretrial Conference set for 2/3/2022 at 02:30 PM in chambers before Judge John W. deGravelles. Motions In Limine shall be filed by 2/14/2022. Affidavit of Settlement Efforts due by 2/28/2022. Joint jury instructions, voir dire, verdict forms, and trial briefs due by 3/21/2022. Five-day Jury Trial set for 4/4/2022 - 4/8/2022 at 09:00 AM in Courtroom 1 before Judge John W. deGravelles. Signed by Magistrate Judge Scott D. Johnson on 6/30/2020. (EDC) Modified on 7/1/2020 to edit text. (EDC). (Main Document 18 replaced on 7/13/2020) (EDC). Modified on 7/13/2020 to add routing. (EDC).
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Filing 17
Joint STATUS REPORT by Leslie C Bello. (Smith, J.)
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Filing 16
MEMORANDUM in Opposition to #11 MOTION to Dismiss For Lack of Subject Matter Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by Leslie C Bello. (Smith, Joseph)
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Filing 15
Joint STIPULATION by Leslie C Bello. (Smith, Joseph)
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Filing 14
Ex Parte MOTION to Strike Incorrectly Filed Document (No. 13) by Patrick Cooper, Ernest E Garrett, III. (Keenan, Christine)
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Filing 13
STRICKEN FROM THE RECORD NOTICE of Appearance of Counsel by Patrick Cooper, Ernest E Garrett, III (Keenan, Christine) Modified on 7/10/2020 to remove the entire document as it has been stricken in accordance with record document 20 (LT).
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MOTION(S) REFERRED: #14 Ex Parte MOTION to Strike Incorrectly Filed Document (No. 13). This motion is now pending before the USMJ. (LT)
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Filing 12
NOTICE of Briefing Schedule on #11 MOTION to Dismiss For Lack of Subject Matter Jurisdiction MOTION to Dismiss for Failure to State a Claim : Opposition to the motion shall be filed within 21 days from the filing of the motion and shall not exceed 25 pages excluding attachments. The mover may file a reply brief within 14 days of the filing of the opposition and shall be limited to a total of 10 pages. No motion for leave will be required. Sur-Reply briefs will be permitted only with leave of Court for extraordinary reasons supported by sufficient facts. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(JHF)
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Filing 11
MOTION to Dismiss Brought Pursuant to FRCP 12(b)(1) and 12(b)(6) by Ernest E Garrett, III. (Attachments: #1 Memorandum in Support)(Keenan, Christine) Modified on 6/3/2020 to edit the docket text (KMW).
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Filing 10
ANSWER to #1 Complaint by Patrick Cooper.(Keenan, Christine)
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Filing 9
ORDER granting #8 Motion to Reset Certain Pre-TrialDeadlines Status Report due by 6/25/2020. Scheduling Conference set for 7/9/2020 at 09:00 AM in chambers before Magistrate Judge Scott D. Johnson.. Signed by Magistrate Judge Scott D. Johnson on 5/12/2020. (KMW)
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Filing 8
Consent MOTION to Continue Certain Pre-Trial Deadlines by Leslie C Bello. (Smith, Joseph)
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MOTION(S) REFERRED: #8 Consent MOTION to Continue Certain Pre-Trial Deadlines . This motion is now pending before the USMJ. (EDC)
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Filing 7
WAIVER OF SERVICE Returned Executed by Leslie C Bello. Patrick Cooper waiver sent on 4/3/2020, answer due 6/2/2020. (Smith, Joseph)
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Filing 6
WAIVER OF THE SERVICE OF SUMMONS by Leslie C Bello , WAIVER OF SERVICE Returned Executed by Leslie C Bello. Ernest E Garrett, III waiver sent on 4/3/2020, answer due 6/2/2020. (Smith, Joseph) Modified on 4/23/2020 to edit text. (EDC).
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Filing 5
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 5/14/2020 at 09:30 AM in chambers before Magistrate Judge Scott D. Johnson. Status Report due by 4/30/2020. Signed by Magistrate Judge Scott D. Johnson on 3/24/2020. (KAH)
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Filing 4
NOTICE: Pursuant to General Order 2020-03, this case is reassigned to Magistrate Judge Scott D. Johnson (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(DGM)
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Filing 3
Summons Issued as to Patrick Cooper, Ernest E Garrett, III. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (KAH)
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Filing 2
Summons Submitted (Attachments: #1 Attachment summons for Patrick Cooper)(Smith, J.)
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Filing 1
COMPLAINT against All Defendants ( Filing fee $ 400 receipt number ALAMDC-2074776.), filed by Leslie C Bello. (Attachments: #1 Attachment Civil cover sheet)(Smith, J.)
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