PURINTON v. MOODY'S CO-WORKER OWNED INC et al
| MATTHEW W PURINTON, JEFFREY MORIN and JACOB P CYR |
| MOODY'S CO-WORKER OWNED INC, DANIELLE MOODY, MERRITT THAD MOODY and SHAWN MOODY |
| 2:2020cv00296 |
| August 14, 2020 |
| US District Court for the District of Maine |
| JOHN C NIVISON |
| JOHN H RICH |
| JOHN A WOODCOCK |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Both |
Docket Report
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This docket was last retrieved on January 12, 2023. A more recent docket listing may be available from PACER.
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Filing 70
ORDER ON FINAL SETTLEMENT APPROVAL AND ATTORNEY'S FEES AND EXPENSES granting #66 Joint Motion for Final Approval of Class Settlement ; granting #67 Motion for Attorney Fees By JUDGE JOHN A. WOODCOCK, JR. (CCS)
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| Filing 69 BRIEF re 68 Hearing, Set Deadlines,, Joint Brief Concerning First Circuit COA Decision in Murray v. Grocery Delivery E-Services USA, Inc. by JACOB P CYR, JEFFREY MORIN, MATTHEW W PURINTON. (Attachments: #1 Exhibit Proposed Order Unmarked, #2 Exhibit Proposed Order Redlined)(WEBBERT, DAVID) |
| Filing 68 Minute Entry for proceedings held before JUDGE JOHN A. WOODCOCK, JR: Final Fairness Hearing held on 12/19/2022. Set Deadlines: Brief re recent First Circuit COA decision identified on the record due by 12/23/2022. (Court Reporter: Lori Dunbar) (slg) |
| Filing 67 Unopposed MOTION for Attorney Fees and Reimbursement of Case Expenses by MATTHEW W PURINTON Responses due by 1/3/2023. (WEBBERT, DAVID) |
| Filing 66 Joint MOTION for Final Approval of Class Settlement by MATTHEW W PURINTON Responses due by 1/3/2023. (Attachments: #1 Exh 1 - Declaration of David G. Webbert, #2 Exh A to Declaration of David G. Webbert - Case Expenses Itemization, #3 Exh 2 - Declaration of Mary Butler, #4 Exh A to Declaration of Mary Butler - Final Notice of Settlement, #5 Exh B to Declaration of Mary Butler - CAFA Notices, #6 Exh 3 - Proposed Order)(WEBBERT, DAVID) |
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Filing 65
ORDER granting #64 Motion to Extend Time By JUDGE JOHN A. WOODCOCK, JR. (tcs)
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| Filing 64 Consent MOTION to Extend Time by One Week to File Joint Motion for Final Approval of Proposed Settlement and Motion for Approval of Attorney's Fees, Costs, and Expenses by MATTHEW W PURINTON Responses due by 12/22/2022. (WEBBERT, DAVID) |
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Filing 63
ORDER granting #58 Motion to Seal By JUDGE JOHN A. WOODCOCK, JR. (tcs)
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Filing 62
ORDER re #58 Motion to Seal - The Court DEFERS ruling on the parties' Joint Motion to Seal (ECF No. 58) Attachments A and B to Exhibit 1 to the Joint Motion to Give Notice to the Class of Proposed Settlement and the Make Further Orders as Part of the Settlement Approval Process. The Court agrees with the parties' observation in the motion that the exhibits should be redacted of any personal identifying information, but the Court does not understand the basis for the statement that the "method used for making these redactions was not entirely effective" especially since the same information seems to appear in the exhibits in ECF Number 59. The Court gives counsel seven days from the date of this order to provide a further explanation. By JUDGE JOHN A. WOODCOCK, JR. (tcs)
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| Filing 61 NOTICE of Hearing: Counsel should review Amended General Order 2021-6 regarding Masks, Courthouse Entrance Protocols, Social Distancing and Testing. Fairness set for 12/19/2022 10:00 AM in Portland Courtroom 2 before JUDGE JOHN A. WOODCOCK JR. (tcs) |
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Filing 60
ORDER APPROVING JOINT MOTION TO GIVE NOTICE TO THE CLASS OF PROPOSED SETTLEMENT AND TO MAKE FURTHER ORDERS AS PART OF THE SETTLEMENT APPROVAL PROCESS approving #57 Joint Motion to Give Notice to the Class of Proposed Settlement and to Make Further Orders as Part of the Settlement Approval Process By JUDGE JOHN A. WOODCOCK, JR. (tcs)
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| Set Deadlines: Supplement to Motion to Seal due by 10/25/2022. (tcs) |
| Filing 59 ADDITIONAL ATTACHMENTS filed by JACOB P CYR, JEFFREY MORIN, MATTHEW W PURINTON re #57 Motion for Miscellaneous Relief 1,, . Main Document: Attachment A to Exhibit 1. (Attachments: #1 Attachment B to Exhibit 1)(WEBBERT, DAVID) |
| Filing 58 MOTION to Seal by JACOB P CYR, JEFFREY MORIN, MATTHEW W PURINTON Responses due by 7/27/2022. (WEBBERT, DAVID) |
| Filing 57 Joint MOTION to Give Notice to the Class of Proposed Settlement and to Make Further Orders as Part of the Settlement Approval Process by JACOB P CYR, JEFFREY MORIN, MATTHEW W PURINTON Responses due by 7/26/2022. (Attachments: #1 Exh 1: Settlement Agreement, #2 Attachment A to Exh 1: Clean-Up Day Calculations, #3 Attachment B to Exh 1: Rest Break Calculations, #4 Exh 2: Proposed Notice, #5 Exh 3: Declaration of David G. Webbert, #6 Exh 4: Proposed Order)(WEBBERT, DAVID) Modified on 7/6/2022 to seal attachments two and three pending filing of motion to seal (tcs). |
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Filing 56
ORDER granting #55 Motion by Attorney Valerie Z. Wicks to Withdraw as Attorney. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN)
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| Filing 55 MOTION by Attorney Valerie Z. Wicks to Withdraw as Attorney by JACOB P CYR, JEFFREY MORIN, MATTHEW W PURINTON Responses due by 5/27/2022. (WICKS, VALERIE) |
| Filing 54 NOTICE of Appearance by BRADEN ALEXANDER BEARD on behalf of All Plaintiffs (BEARD, BRADEN) |
| Filing 53 Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN C. NIVISON: Telephone Conference held. (Court Reporter: No court reporter present) (MFS) |
| Filing 52 NOTICE of Hearing: Telephone Conference set for 4/13/2022 at 1:00 PM before MAGISTRATE JUDGE JOHN C. NIVISON. The parties have been provided with the Court's call-in information. (MFS) |
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Filing 51
ORDER granting #50 Attorney Carol J. Garvan's Motion to Withdraw as Attorney. By JUDGE JOHN A. WOODCOCK, JR. (tcs)
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| Case Referral Reassigned to MAGISTRATE JUDGE JOHN C. NIVISON. MAGISTRATE JUDGE JOHN H. RICH III no longer assigned to the case. (jwr) |
| Filing 50 MOTION by Attorney Carol J. Garvan to Withdraw as Attorney by JACOB P CYR, JEFFREY MORIN, MATTHEW W PURINTON Responses due by 4/20/2022. (GARVAN, CAROL) |
| Filing 49 Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN C. NIVISON: Settlement Conference held. Settlement discussions to continue. (Court Reporter: No court reporter present) (MFS) |
| Filing 48 ANSWER TO SECOND AMENDED COMPLAINT ANSWER to #46 Amended Complaint by DANIELLE MOODY, MERRITT THAD MOODY, SHAWN MOODY, MOODY'S CO-WORKER OWNED INC.(MOON, RICHARD) |
| Filing 47 Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN C. NIVISON: Telephone Conference held. (Court Reporter: No court reporter present) (MFS) |
| Filing 46 Second AMENDED COMPLAINT against All Defendants, filed by MATTHEW W PURINTON. (Service of Process Deadline 3/30/2022)(GARVAN, CAROL) |
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Filing 45
ORDER granting without objection #44 Motion for Leave to File Second Amended Complaint. REMINDER: After entry of this order, counsel for the plaintiffs shall file the Second Amended Class and Collective Action Complaint document, ECF No. 44-1, as a separate filing on the court's docket forthwith. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN)
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| Filing 44 Unopposed MOTION for Leave to File Second Amended Complaint by MATTHEW W PURINTON Responses due by 1/19/2022. (Attachments: #1 Exh1: Proposed Second Amended Complaint)(GARVAN, CAROL) |
| Filing 43 NOTICE of Hearing: Telephone Conference set for 1/3/2022 at 12:00 PM before MAGISTRATE JUDGE JOHN C. NIVISON. The parties have been provided with the Court's call-in information. (MFS) |
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Filing 42
ORDER resetting Settlement Conference for 1/10/2022 at 9:00 AM in Magistrate Judge Nivison's Chambers before MAGISTRATE JUDGE JOHN C. NIVISON. In Camera Settlement Papers due by 1/3/2022. By MAGISTRATE JUDGE JOHN C. NIVISON. (MFS)
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| Filing 41 NOTICE of cancelled hearing. At the request of counsel the Settlement Conference set for 11/16/2021 at 9:00 AM before MAGISTRATE JUDGE JOHN C. NIVISON has been cancelled and will be rescheduled to a later date. (jwr) |
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Filing 40
ORDER resetting Settlement Conference for 11/16/2021 at 9:00 AM in Magistrate Judge Nivison's Chambers before MAGISTRATE JUDGE JOHN C. NIVISON. In Camera Settlement Papers due by 11/9/2021. By MAGISTRATE JUDGE JOHN C. NIVISON. (MFS)
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| Filing 39 NOTICE of cancelled hearing. The Settlement Conference set for 10/19/2021 at 8:30 AM before MAGISTRATE JUDGE JOHN C. NIVISON has been cancelled and will be rescheduled to a later date. (jwr) |
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Filing 38
ORDER setting Settlement Conference for 10/19/2021 at 8:30 AM in Magistrate Judge Nivison's Chambers before MAGISTRATE JUDGE JOHN C. NIVISON. In Camera Settlement Papers due by 10/12/2021. By MAGISTRATE JUDGE JOHN C. NIVISON. (MFS)
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| Filing 37 Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN C. NIVISON: Telephone Conference held. The settlement conference will be rescheduled. (Court Reporter: No court reporter present) (MFS) |
| Filing 36 NOTICE of Hearing: Telephone Conference set for 8/3/2021 10:30 AM before MAGISTRATE JUDGE JOHN C. NIVISON. Parties have been provided call-in information.(jwr) |
| Filing 35 NOTICE of Rescheduled Hearing: Video Settlement Conference reset for 8/24/2021 08:30 AM before MAGISTRATE JUDGE JOHN C. NIVISON. (jwr) |
| Reset Deadlines Regarding Notice of Hearing due to the change in settlement conference date: In Camera Settlement Papers due by 8/17/2021. (jwr) |
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Filing 34
ORDER setting Video Settlement Conference for 7/28/2021 08:30 AM before MAGISTRATE JUDGE JOHN C. NIVISON, In Camera Settlement Papers due by 7/21/2021. By MAGISTRATE JUDGE JOHN C. NIVISON. (jwr)
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Filing 33
ORDER granting without objection #32 Joint Motion for judicial settlement conference. The parties shall contact the clerk's office to secure a mutually acceptable date. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN)
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| Filing 32 Joint MOTION for Judicial Settlement Conference by MATTHEW W PURINTON Responses due by 5/26/2021. (GARVAN, CAROL) |
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Filing 31
ORDER granting without objection #30 Joint Motion to Amend Scheduling Order. On the further showing made, the Amended Scheduling Order is further amended to extend the deadline to complete Phase One Discovery to April 28, 2021, and the deadline for the parties to notify the Court regarding a request for a Judicial Settlement Conference to May 5, 2021. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN)
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| Filing 30 Joint MOTION to Amend Scheduling Order by MATTHEW W PURINTON Responses due by 4/20/2021. (GARVAN, CAROL) |
| Reset Deadlines: Discovery due by 4/28/2021. Request for a Judicial Settlement Conference due by 5/5/2021. (tcs) |
| Reset Deadline per Order at ECF No. 29: Discovery due by 3/31/2021. (tcs) |
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Filing 29
ORDER granting without objection #28 Motion to Extend Time. The Amended Scheduling Order is further amended to extend the deadline to complete Phase One Discovery from March 15, 2021, to March 31, 2021, and the deadline for the parties to notify the Court regarding a request for a Judicial Settlement Conference from March 22, 2021, to April 7, 2021. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN)
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| Filing 28 Consent MOTION to Extend Time DEFENDANTS' CONSENTED-TO MOTION TO EXTEND PHASE ONE DISCOVERY DEADLINES by DANIELLE MOODY, MERRITT THAD MOODY, SHAWN MOODY, MOODY'S CO-WORKER OWNED INC Responses due by 3/31/2021. (MOON, RICHARD) |
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Filing 27
ORDER granting without objection #26 Joint Motion to Amend Scheduling Order. The court's Amended Scheduling Order, ECF No. 19, is amended as follows: Phase One discovery shall be completed by March 15, 2021; the parties shall notify the court regarding a request for a judicial settlement conference by March 22, 2021; the plaintiffs shall respond to the defendants' pending discovery by March 15, 2021; and the defendants shall designate experts for issues relevant to Phase One by February 16, 2021 (February 15 being a holiday). All other deadlines and limitations in the Amended Scheduling Order shall otherwise remain in effect. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN)
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| Reset Scheduling Order Deadlines per Order at ECF No. 27: Discovery due by 3/15/2021. (tcs) |
| Filing 26 Joint MOTION to Amend Scheduling Order (Phase One Discovery Deadlines) by MATTHEW W PURINTON Responses due by 2/17/2021. (GARVAN, CAROL) |
| Filing 25 First Amended ANSWER to #23 Amended Complaint by DANIELLE MOODY, MERRITT THAD MOODY, SHAWN MOODY, MOODY'S CO-WORKER OWNED INC.(MOON, RICHARD) |
| Filing 24 DEFENDANTS' ANSWER TO FIRST AMENDED COMPLAINT ANSWER to #23 Amended Complaint by DANIELLE MOODY, MERRITT THAD MOODY, SHAWN MOODY, MOODY'S CO-WORKER OWNED INC.(MOON, RICHARD) |
| Filing 23 First AMENDED COMPLAINT for Unpaid Wages; Injunctive Relief Sought; and Demand for Jury Trial against All Defendants, filed by MATTHEW W PURINTON. (Service of Process Deadline 3/4/2021)(GARVAN, CAROL) |
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Filing 22
CONSENT CONFIDENTIALITY ORDER granting #21 Motion for Confidentiality Order By MAGISTRATE JUDGE JOHN H. RICH III. (tcs)
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| Filing 21 Joint MOTION for Confidentiality Order by MATTHEW W PURINTON Responses due by 12/15/2020. (Attachments: #1 Proposed Order, #2 Redline - Proposed Order)(GARVAN, CAROL) |
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Filing 20
ORDER mooting #16 Objection to Scheduling Order. See ECF No. 19. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN)
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Filing 19
AMENDED SCHEDULING ORDER By MAGISTRATE JUDGE JOHN H. RICH III. (tcs)
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| Filing 18 SECOND AMENDED ANSWER TO COMPLAINT ANSWER to Complaint with Jury Demand by DANIELLE MOODY, MERRITT THAD MOODY, SHAWN MOODY, MOODY'S CO-WORKER OWNED INC.(MOON, RICHARD) |
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Filing 17
ORDER granting without objection #15 Joint Motion for Leave to File Amended Pleadings. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN)
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| Filing 16 Joint OBJECTION to #13 Scheduling Order, and Joint Proposed Discovery Plan filed by MATTHEW W PURINTON. Responses due by 11/30/2020. (GARVAN, CAROL) |
| Filing 15 Joint MOTION for Leave to File Amended Pleadings by MATTHEW W PURINTON Responses due by 11/27/2020. (WEBBERT, DAVID) |
| Filing 14 First Amended Answer ANSWER to #1 Complaint,, by DANIELLE MOODY, MERRITT THAD MOODY, SHAWN MOODY, MOODY'S CO-WORKER OWNED INC.(MOON, RICHARD) |
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Filing 13
SCHEDULING ORDER: Discovery due by 3/8/2021. Written Notice of Intent to File Summary Judgment Motion and Request for Pre-Filing Conference due by 3/15/2021. Motions due by 3/29/2021. Ready for Trial on 6/7/2021. By MAGISTRATE JUDGE JOHN H. RICH III. (tcs)
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| Filing 12 ANSWER to #1 Complaint,, by DANIELLE MOODY, MERRITT THAD MOODY, SHAWN MOODY, MOODY'S CO-WORKER OWNED INC.(MOON, RICHARD) |
| Filing 11 CORPORATE DISCLOSURE STATEMENT by MOODY'S CO-WORKER OWNED INC. (CURRIER, DOUGLAS) |
| Filing 10 NOTICE of Appearance by ELIZABETH TULL JOHNSTON on behalf of All Defendants (JOHNSTON, ELIZABETH) |
| Filing 9 **FILED IN ERROR** NOTICE of Appearance by ELIZABETH TULL JOHNSTON on behalf of All Defendants (JOHNSTON, ELIZABETH) Modified on 8/28/2020 to mark as filed in error. PDF is incorrectly formatted, counsel to refile at request of Clerk's Office (tcs). |
| Set Deadlines as to MOODY'S CO-WORKER OWNED INC: Per Local Rule 7.1 Notice of Interested Parties or Corporate Disclosure Statement due by 9/1/2020. (tcs) |
| Reset Answer Deadlines for MOODY'S CO-WORKER OWNED INC, SHAWN MOODY, MERRITT THAD MOODY, DANIELLE MOODY: Answers due by 10/20/2020. (tcs) |
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Filing 8
ORDER granting without objection #6 Motion for Extension of Time to Answer. The defendants shall respond to the plaintiff's complaint by October 20, 2020. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN)
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| Filing 7 NOTICE of Appearance by RICHARD G. MOON on behalf of DANIELLE MOODY, MERRITT THAD MOODY, SHAWN MOODY, MOODY'S CO-WORKER OWNED INC (MOON, RICHARD) |
| Filing 6 Unopposed MOTION to Extend Time to File Answer to Align All Defendants by DANIELLE MOODY, MERRITT THAD MOODY, SHAWN MOODY, MOODY'S CO-WORKER OWNED INC Responses due by 9/14/2020. (CURRIER, DOUGLAS) |
| Filing 5 WAIVER OF SERVICE Returned Executed MATTHEW W PURINTON waiver sent on 8/24/2020. (Attachments: #1 Executed Waiver of Service of Summons of Merritt Thad Moody, #2 Executed Waiver of Service of Summons of Danielle Moody)(WEBBERT, DAVID) |
| Filing 4 SUMMONS Returned Executed by MATTHEW W PURINTON. MOODY'S CO-WORKER OWNED INC served on 8/14/2020. (WEBBERT, DAVID) |
| Reset Answer Deadline for MOODY'S CO-WORKER OWNED INC: Answer due by 9/4/2020. (tcs) |
| Filing Fee Paid via Credit Card ( Filing fee $ 400 receipt number AMEDC-2296852.), filed by MATTHEW W PURINTON.(GARVAN, CAROL) |
| Filing 3 Summons Issued as to MOODY'S CO-WORKER OWNED INC. 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). (bfa) |
| Filing 2 CIVIL COVER SHEET. (bfa) |
| Filing 1 COMPLAINT against DANIELLE MOODY, MERRITT THAD MOODY, SHAWN MOODY, MOODY'S CO-WORKER OWNED INC with Jury Demand 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 MATTHEW W PURINTON. (Service of Process Deadline 11/12/2020) Fee due by 8/17/2020.(bfa) |
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