MANTER v. UNITED STATES
| LLEWELLYN C MANTER |
| SETH A MCLEAN-WILLIAMS, UNITED STATES POSTAL SERVICE and UNITED STATES |
| 1:2022cv00030 |
| February 2, 2022 |
| US District Court for the District of Maine |
| JON D LEVY |
| JOHN C NIVISON |
| Motor Vehicle |
| 39 U.S.C. § 409 Postal Service |
| None |
Docket Report
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| Filing 83 STIPULATION re #63 Stipulation , Amending and Superseding Prior Version by UNITED STATES. (LIZOTTE, ANDREW) |
| Filing 82 NOTICE of RESCHEDULED Hearing: Bench Trial scheduled to begin 11/16/2023 at 08:30 AM in Portland Courtroom 1 before JUDGE JON D. LEVY. Two days have been set aside for trial (11/16/2023-11/17/2023). Trial will go 8:30 a.m. to 2:45 p.m. with one 15-minute break in the morning and 30 minutes for lunch.(clp) |
Filing 81
REVISED PRETRIAL ORDER Estimated length of trial 2 days Bench Trial set for 11/14-15/2023 08:30 AM in Portland Courtroom 1 before JUDGE JON D. LEVY. By JUDGE JON D. LEVY. (jwr)
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| Filing 80 NOTICE of Hearing: Bench Trial scheduled to begin 11/14/2023 at 08:30 AM in Portland Courtroom 1 before JUDGE JON D. LEVY. Two days have been set aside for trial. Trial will go 8:30 a.m. to 2:45 p.m. with one 15-minute break in the morning and 30 minutes for lunch.(clp) |
| Filing 79 Minute Entry for proceedings held before JUDGE JON D. LEVY: Status Conference held on 8/3/2023. Case to be placed on November Civil Trial list per agreement of the parties. (Court Reporter: Tammy Martell) (clp) |
| Set Deadlines : Ready for Trial on 11/6/2023. (clp) |
| Filing 78 STATUS REPORT Witness Health Update by LLEWELLYN C MANTER. (KAGAN, DANIEL) |
| Set Deadlines per order no. 77: Status Report due by 7/19/2023. (clp) |
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Filing 77
ORDER granting #76 Motion to Continue By JUDGE JON D. LEVY. (clp)
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| Filing 76 Unopposed MOTION to Continue by LLEWELLYN C MANTER Responses due by 8/1/2023. (KAGAN, DANIEL) |
| Filing 75 NOTICE of Hearing: Telephonic Case Management Conference set for 8/3/2023 at 10:00 AM via telephone before JUDGE JON D. LEVY. The parties have been previously provided the Court's call in access information. (clp) |
| Filing 74 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings Oral Argument held on 6/7/23 before Judge Jon D. Levy. Court Reporter/Transcriber: Lori Dunbar, Telephone Number: (207) 749-4072. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.med.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Release of Transcript Restriction set for 9/20/2023. (DUNBAR, LORI) |
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Filing 73
ORDER-It is ORDERED that the Government's Motion in Limine (ECF No. 52) is GRANTED IN PART and DENIED IN PART for reasons stated on the record of the hearing held on June 7, 2023. It is further ORDERED that the Plaintiff's Objection to Deposition Designations (ECF No. 59) is GRANTED IN PART and DENIED IN PART for reasons stated on the record of the hearing held on June 7, 2023, as to the admission of the Plaintiffs two deposition transcripts and medical records attached as exhibits. By JUDGE JON D. LEVY. (clp)
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| Filing 72 Minute Entry for proceedings held before JUDGE JON D. LEVY: Oral Argument held re #52 MOTION in Limine to Admit Certain of Plaintiff's Medical Records filed by UNITED STATES, #59 First OBJECTION to #51 Deposition Designation for use at Trial filed by LLEWELLYN C MANTER. (Court Reporter: Lori Dunbar) (clp) |
| Filing 71 NOTICE OF CANCELLED HEARING- The previously scheduled Bench Trial set to begin 6/20/2023 at 08:30 AM in Portland Courtroom 3 before JUDGE JON D. LEVY has been cancelled per order no. 70. (clp) |
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Filing 70
ORDER granting #69 Motion to Continue Bench Trial By JUDGE JON D. LEVY. (clp)
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| Filing 69 Unopposed MOTION to Continue Trial by LLEWELLYN C MANTER Responses due by 6/27/2023. (KAGAN, DANIEL) |
| Set Deadlines per order no. 70: Status Report re availability for trial due by 7/6/2023. (clp) |
| Filing 68 NOTICE/CORRESPONDENCE Re: Plaintiff's Witnesses Testifying Remotely Via Zoom by UNITED STATES (LIZOTTE, ANDREW) |
| Filing 67 NOTICE of Hearing: NOTICE of **UPDATED** Hearing **COURTROOM LOCATION CHANGE ONLY**: Bench Trial scheduled to begin 6/20/2023 at 08:30 AM in Portland Courtroom 3 before JUDGE JON D. LEVY. Two days have been set aside for trial. Trial will go 8:30 a.m. to 2:45 p.m. with one 15-minute break in the morning and 30 minutes for lunch. (clp) |
| Filing 66 NOTICE of **UPDATED** Hearing **COURTROOM LOCATION CHANGE ONLY**: Bench Trial scheduled to begin 6/20/2023 at 08:30 AM in Portland Courtroom 1 before JUDGE JON D. LEVY. Two days have been set aside for trial. Trial will go 8:30 a.m. to 2:45 p.m. with one 15-minute break in the morning and 30 minutes for lunch. (clp) |
| Filing 65 NOTICE of Hearing on Motion #52 MOTION in Limine to Admit Certain of Plaintiff's Medical Records : Oral Argument set for 6/7/2023 at 02:00 PM in Portland Courtroom 1 before JUDGE JON D. LEVY. (clp) |
| Filing 64 REPLY to Response to Motion re #52 MOTION in Limine to Admit Certain of Plaintiff's Medical Records and Request for Oral Argument filed by UNITED STATES. (LIZOTTE, ANDREW) |
| Filing 63 STIPULATION re #57 Stipulation , Amending and Superseding Prior Version by UNITED STATES. (LIZOTTE, ANDREW) |
| Filing 62 Exhibit List (Consolidated) by UNITED STATES.. (LIZOTTE, ANDREW) |
| Filing 61 Witness List by UNITED STATES . (LIZOTTE, ANDREW) |
| Filing 60 Witness List by LLEWELLYN C MANTER Trial. (KAGAN, DANIEL) |
| Filing 59 First OBJECTION to #51 Deposition Designation for use at Trial filed by LLEWELLYN C MANTER. Responses due by 5/30/2023. (KAGAN, DANIEL) |
| Filing 58 RESPONSE to Motion re #52 MOTION in Limine to Admit Certain of Plaintiff's Medical Records Opposition filed by LLEWELLYN C MANTER. Reply due by 5/30/2023. (KAGAN, DANIEL) |
| Reset Deadlines as to #52 MOTION in Limine to Admit Certain of Plaintiff's Medical Records per directive of Chief U.S. District Judge Jon D. Levy: Reply due by 5/17/2023. (clp) |
| Filing 57 STIPULATION by LLEWELLYN C MANTER. (KAGAN, DANIEL) |
| Reset Deadlines as to #52 MOTION in Limine to Admit Certain of Plaintiff's Medical Records per order no 56: Responses due by 5/15/2023. (clp) |
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Filing 56
ORDER granting #55 Motion to Extend Time MIL to Admit Certain Plaintiffs Medical records By JUDGE JON D. LEVY. (clp)
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| Filing 55 Unopposed MOTION to Extend Time MIL to Admit Certain Plaintiffs Medical records by LLEWELLYN C MANTER Responses due by 5/26/2023. (KAGAN, DANIEL) |
| Filing 54 DEPOSITION DESIGNATION of LLEWELLYN C. MANTER (Re-Opened) by UNITED STATES. (LIZOTTE, ANDREW) |
| Filing 53 DEPOSITION of LLEWELLYN C. MANTER (Re-Opened) taken on Apr. 26, 2023 filed by UNITED STATES. (LIZOTTE, ANDREW) |
| Filing 52 MOTION in Limine to Admit Certain of Plaintiff's Medical Records by UNITED STATES Responses due by 5/22/2023. (Attachments: #1 Def.'s R. 26(a)(2)(C) Expert Disclosures (Sept. 6, 2022), #2 Rep. of Dr. Kendra Bryant (undated - excerpted), #3 Rep. & Update of Dr. Kendra Bryant (Apr. 10, 2023), #4 U.S. Ex. 27, 2021.2.25, Dr. Gray Online Visit Office Note [CAG 17], #5 U.S. Ex. 30, 2021.9.29, Dr. Cheng Office Visit Note [CHA 103-108], #6 807(b) Notice Letter (Feb. 6, 2023))(LIZOTTE, ANDREW) |
| Filing 51 DEPOSITION DESIGNATION of LLEWELLYN C. MANTER (Sept. 28, 2022) by UNITED STATES. (LIZOTTE, ANDREW) |
| Filing 50 DEPOSITION of LLEWELLYN C. MANTER taken on Sept. 28, 2022 filed by UNITED STATES. (LIZOTTE, ANDREW) |
| Reset Deadlines as to #52 MOTION in Limine to Admit Certain of Plaintiff's Medical Records per order no. 45: Responses due by 5/8/2023. (clp) |
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Filing 49
ORDER granting #48 Motion to Enlarge MIL Page Limit to 15-Pages (LR 7(d)) By JUDGE JON D. LEVY. (clp)
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| Filing 48 Consent MOTION to Enlarge MIL Page Limit to 15-Pages (LR 7(d)) by UNITED STATES Responses due by 5/15/2023. (LIZOTTE, ANDREW) |
| Filing 47 TRIAL LIST: On Trial List for 6/6/2023. (jgd) |
| Filing 46 NOTICE of RESCHEDULED Hearing: Bench Trial scheduled to begin 6/20/2023 at 08:30 AM in Portland Courtroom 2 before JUDGE JON D. LEVY. Two days have been set aside for trial. Trial will go 8:30 a.m. to 2:45 p.m. with one 15-minute break in the morning and 30 minutes for lunch. Counsel should review Amended General Order 2021-6 regarding Masks, Courthouse Entrance Protocols, Social Distancing and Testing.(clp) |
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Filing 45
CONSENT ORDER granting 44 Motion to Continue Trial By JUDGE JON D. LEVY. (tcs)
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| Filing 44 Oral MOTION to Continue Trial by UNITED STATES (tcs) |
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Filing 43
Oral ORDER granting without objection 42 Motion to Permit Video Testimony of Expert Witness By JUDGE JON D. LEVY. (tcs)
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| Filing 42 Oral MOTION to Permit Video Testimony of Expert Witness by LLEWELLYN C MANTER (tcs) |
| Filing 41 Minute Entry for proceedings held before JUDGE JON D. LEVY: Trial Management Conference held. Government's Proposed Order due by 12:00p.m. on 2/24/2023. (Court Reporter: Lori Dunbar) (tcs) |
| Reset Deadlines per Consent Order issued on February 21, 2023: Motion in Limine due by 5/1/2023. Responses due by 5/8/2023. Stipulated Record due by 5/10/2023. Witness Lists due by 5/15/2023. Consolidated Exhibit List due by 5/15/2023. Parties to Inform Clerk's Office if matter has settled or is firm for trial by 5/30/2023. Ready for Trial on 6/6/2023. (tcs) |
| Filing 40 NOTICE of Hearing: Trial Management Conference set for 2/21/2023 at 10:00 AM via ZOOM VIDEO HEARING before JUDGE JON D. LEVY. The parties have been previously provided the Court's ZOOM connection information.(clp) |
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Filing 39
ORDER granting #38 Consent Motion for Trial Management Conference and Extension of Motion in Limine Deadlines By JUDGE JON D. LEVY. (clp)
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| Reset Deadlines per order no. 39: Motions in Limine due by 2/24/2023. (clp) |
| Filing 38 Consent MOTION for Trial Management Conference and Extension of Motion in Limine Deadlines by UNITED STATES Responses due by 2/23/2023. (LIZOTTE, ANDREW) |
| Filing 37 NOTICE of Appearance by KATELYN SANER on behalf of UNITED STATES (SANER, KATELYN) Modified on 1/27/2023 to remove terminated defendant (clp). |
| Filing 36 NOTICE/CORRESPONDENCE Re: Plaintiff's Consent to Portland Trial Venue by LLEWELLYN C MANTER (KAGAN, DANIEL) Modified on 1/23/2023 to clean up text (clp). |
| Filing 35 NOTICE/CORRESPONDENCE Re: United States' Consent to Portland Trial Venue by UNITED STATES (LIZOTTE, ANDREW) |
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Filing 34
REPORT OF FINAL PRETRIAL CONFERENCE AND ORDER- Set Deadlines:(Consent to location change due by 1/24/2023; Motions in Limine due by 2/10/2023; Stipulations due by 3/8/2023; Depositions due by 3/10/2023., Objections to Depositions (via motion) due by 3/15/2023; Notice of Settlement (if applicable) due by 3/15/2023; Witness Lists and CONSOLIDATED Exhibit List due by 3/15/2023.) By JUDGE JON D. LEVY. (clp)
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| Filing 33 NOTICE of *RESCHEDULED* Hearing: Bench Trial set to begin for 3/22/2023 at 08:30 AM in Portland Courtroom 2 before JUDGE JON D. LEVY. Two days have been set aside for trial. Trial will go 8:30 a.m. to 2:45 p.m. with one 15-minute break in the morning and 30 minutes for lunch. Counsel should review Amended General Order 2021-6 regarding Masks, Courthouse Entrance Protocols, Social Distancing and Testing.(clp) |
| Filing 32 NOTICE of Hearing: Bench Trial set to begin for 3/13/2023 at 08:30 AM in Bangor Courtroom 2 before JUDGE JON D. LEVY. Two days have been set aside for trial. Trial will go 8:30 a.m. to 2:45 p.m. with one 15-minute break in the morning and 30 minutes for lunch. Counsel should review Amended General Order 2021-6 regarding Masks, Courthouse Entrance Protocols, Social Distancing and Testing.(clp) |
| Filing 31 TRIAL LIST:. On Trial List for 3/7/2023.(clp) |
| Filing 30 Minute Entry for proceedings held before JUDGE JON D. LEVY: Final Pretrial Conference held. Trial Continued to March for the reasons stated on the record. Order to enter. (Court Reporter: Lori Dunbar) (clp) |
| Filing 29 NOTICE of Appearance by DANIEL G. KAGAN on behalf of LLEWELLYN C MANTER (KAGAN, DANIEL) |
| Filing 28 NOTICE of Rescheduled Video Hearing: Final Pretrial Conference set for 1/13/2023 03:00 PM before JUDGE JON D. LEVY. (jwr) |
| Filing 27 Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN C. NIVISON: Settlement Conference held. Settlement negotiations ongoing. (Court Reporter: No court reporter present) (jwr) |
| Filing 26 FINAL PRETRIAL MEMORANDUM by LLEWELLYN C MANTER. (KAGAN, DANIEL) |
| Filing 25 FINAL PRETRIAL MEMORANDUM by UNITED STATES. (LIZOTTE, ANDREW) |
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Filing 24
ORDER granting #23 Motion for Protection from Trial for Protection from Trial for dates of 2/1/23-2/17/23 - By JUDGE JON D. LEVY. (mnd)
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| Filing 23 First MOTION for Protection from Trial for dates of 2/1/23-2/17/23 by LLEWELLYN C MANTER Responses due by 1/10/2023. (KAGAN, DANIEL) |
| Filing 22 Witness List by LLEWELLYN C MANTER . (KAGAN, DANIEL) |
| Filing 21 NOTICE OF RESCHEDULED VIDEO HEARING: Final Pretrial Conference set for 1/11/2023 rescheduled to begin at 11:30 AM before JUDGE JON D. LEVY. Counsel have been provided with the video connection information. (mnd) |
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Filing 20
ORDER granting #19 Motion to Continue Start Time of Pretrial Conference to 11:30am - By JUDGE JON D. LEVY. (mnd)
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| Filing 19 Consent MOTION to Continue Start Time of Pretrial Conference to 11:30am by UNITED STATES Responses due by 1/5/2023. (LIZOTTE, ANDREW) |
| Filing 18 TRIAL LIST:. On Trial List for 2/7/2023. Final Pretrial Conference set for 1/11/2023 11:00 AM by video before JUDGE JON D. LEVY. Final Pretrial Memo due by 1/4/2023.(lrt) |
| Set Deadlines in accordance with Order no. 15: Ready for Trial on 2/7/2023. (clp) |
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Filing 17
ORDER Setting Video Settlement Conference for 1/9/2023 at 8:30 AM before MAGISTRATE JUDGE JOHN C. NIVISON. In Camera Settlement Papers due by 1/3/2023. By MAGISTRATE JUDGE JOHN C. NIVISON. (MFS)
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| Filing 16 NOTICE of CANCELLED HEARING: Final Pretrial Conference set for 12/6/2022 at 11:00 AM in VIDEO HEARING before JUDGE JON D. LEVY has been cancelled. (clp) |
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Filing 15
ORDER granting #14 Motion to Continue Trial By JUDGE JON D. LEVY. (clp)
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| Filing 14 Consent MOTION to Continue Trial to February 2023 Trial Calendar by UNITED STATES Responses due by 12/13/2022. (LIZOTTE, ANDREW) |
| Filing 13 TRIAL LIST: On Trial List for 1/3/2023. Final Pretrial Conference set for 12/6/2022 11:00 AM in VIDEO HEARING before JUDGE JON D. LEVY. Final Pretrial Memo due by 11/29/2022.(slg) |
| Filing 12 NOTICE of Hearing: Final Pretrial Conference set for 12/6/2022 at 11:00 AM via Zoom Video Hearing before JUDGE JON D. LEVY. Final Pretrial Memo due by 11/29/2022. The parties have been previously provided the Court's Zoom video hearing access information. (clp) |
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Filing 11
ORDER granting #10 Motion to Drop Party. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN)
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| Filing 10 Consent MOTION to Drop Party Pursuant to Fed. R. Civ. P. 21 by UNITED STATES Responses due by 6/17/2022. (LIZOTTE, ANDREW) |
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Filing 9
SCHEDULING ORDER: Discovery due by 10/11/2022. Written Notice of Intent to File Summary Judgment Motion and Request for Pre-Filing Conference due by 10/18/2022. Motions due by 11/1/2022. Ready for Trial on 1/3/2023. By MAGISTRATE JUDGE JOHN C. NIVISON. (MFS)
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| Filing 8 ANSWER to #4 Amended Complaint by UNITED STATES.(LIZOTTE, ANDREW) |
| Filing 7 NOTICE/CORRESPONDENCE Re: U.S. Attorney Certification Pursuant to 28 U.S.C. 2679(d)(1) by UNITED STATES (LIZOTTE, ANDREW) |
| Set Answer Deadline for UNITED STATES in accordance with ECF No. 6 Affidavit of Service filed served 3/25/2022: Answer due by 5/24/2022. (clp) |
| Filing 6 AFFIDAVIT of Service by LLEWELLYN C MANTER. UNITED STATES served on 4/1/2022. (Attachments: #1 Affidavit Attachment 1 - Proof of Service on the Attorney General, #2 Affidavit Attachment 2 - Proof of Service on the U.S. Attorney for the District of Maine)(KAGAN, DANIEL) |
| Filing 5 Summons Issued as to UNITED STATES. Counsel shall print the embossed summons and effect service in the manner in accordance with Fed.R.Civ.P.4. Note-If you are using Version 6 of Adobe Acrobat, be sure the PRINT WHAT field is set to DOCUMENTS AND COMMENTS (Click File, then Print to check this setting). (clp) |
| Filing 4 AMENDED COMPLAINT against SETH A MCLEAN-WILLIAMS, UNITED STATES, filed by LLEWELLYN C MANTER. (Service of Process Deadline 6/15/2022)(KAGAN, DANIEL) |
| Filing Fee Received from LLEWELLYN C MANTER: Amount Paid: 402.00. Receipt Number: AMEDC-2612340. Method of Payment: Credit Card through Pay.gov. Purpose of Payment: Case Opening Filing Fee. Date Paid: 2/3/2022 (clp) |
| Filing 3 Summons Issued as to SETH A MCLEAN-WILLIAMS, UNITED STATES POSTAL SERVICE. Counsel shall print the embossed summons and effect service in the manner in accordance with Fed.R.Civ.P.4. Note-If you are using Version 6 of Adobe Acrobat, be sure the PRINT WHAT field is set to DOCUMENTS AND COMMENTS (Click File, then Print to check this setting). (Attachments: #1 Seth A. Mclean-Williams summons)(bfa) |
| Filing 2 CIVIL COVER SHEET. (bfa) |
| Filing 1 COMPLAINT against SETH A MCLEAN-WILLIAMS, UNITED STATES POSTAL SERVICE PAYMENT OF FILING FEE DUE WITHIN 48 HOURS. IF FILING FEE IS BEING PAID WITH A CREDIT CARD COUNSEL ARE INSTRUCTED TO LOGIN TO CMECF AND DOCKET Case Opening Filing Fee Paid FOUND IN THE Complaints and Other Initiating Documents CATEGORY. CHECK PAYMENTS DUE WITHIN 48 HOURS., filed by LLEWELLYN C MANTER. (Service of Process Deadline 5/3/2022) Fee due by 2/4/2022.(bfa) |
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