McCabe v. Ford Motor Company
| Daniel McCabe, Daniel Wright and Jeffrey Pollack |
| Ford Motor Company |
| Jeff M. Edwards |
| 1:2023cv10829 |
| April 18, 2023 |
| US District Court for the District of Massachusetts |
| F Dennis Saylor |
| Prop. Damage Prod. Liability |
| 15 U.S.C. § 2301 Magnuson-Moss Warranty Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 3, 2023. A more recent docket listing may be available from PACER.
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| Filing 67 Electronic Clerk's Notes for proceedings held before Chief Judge F. Dennis Saylor, IV: denying #42 Motion to Intervene; Motion Hearing held by video on 11/3/2023. Case called; Arguments heard; Court takes matter under advisement. Court Denied #42 MOTION to Intervene as stated on the record. (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: Mitchell Mark Breit, Leland Humphrey Belew, Ryan P. McMillan and Tyler Litke for the plaintiff. Jacob J. Lantrynd Cindy Kelly for the defendant.) (McKillop, Matthew) |
| Filing 66 REPLY to Response to #30 MOTION to Dismiss the First Amended Class Action Complaint filed by Ford Motor Company. (Torres, Hector) |
| Filing 65 Chief Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered GRANTING #64 Motion for Leave to Appear Pro Hac Vice Added Virginia A. Whitener. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at # https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (de Oliveira, Flaviana) |
| Filing 64 MOTION for Leave to Appear Pro Hac Vice for admission of Virginia A. Whitener Filing fee: $ 125, receipt number CMADC-10098630 by Daniel McCabe, Jeffrey Pollack, Daniel Wright. (Attachments: #1 Exhibit A - Declaration of Virginia A Whitener ISO Motion for Admission Pro Hac Vice, #2 2023-09-28 IL COGS Virginia A Whitener, #3 2023-10-10 NJ COGS - Virginia A Whitener, #4 2023-09-29 TN COGS Virginia A Whitener)(Straus, Alex) |
| Filing 63 NOTICE of Appearance by Luis Munoz on behalf of Daniel McCabe (Munoz, Luis) |
| Filing 62 NOTICE of Appearance by Morgan Ferrell on behalf of Daniel McCabe (Ferrell, Morgan) |
| Filing 61 Chief Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting #59 MOTION for Extension of Time to October 27, 2023 to File Response/Reply. (McKillop, Matthew) |
| Filing 60 NOTICE of Appearance by John R. Fabry on behalf of Daniel McCabe (Fabry, John) |
| Filing 59 DEFENDANTS' UNOPPOSED MOTION for Extension of Time to October 27, 2023 to File Response/Reply in further support of its motion to dismiss by Ford Motor Company.(Lantry, Jacob) Modified docket text on 10/17/2023 (de Oliveira, Flaviana). |
| Filing 58 Opposition re #30 MOTION to Dismiss the First Amended Class Action Complaint filed by Daniel McCabe, Jeffrey Pollack, Daniel Wright. (Belew, Leland) |
| Filing 57 Chief Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered GRANTING #53 Motion for Leave to Appear Pro Hac Vice Added Jose Luis Munoz. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at # https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (de Oliveira, Flaviana) |
| Filing 56 Chief Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered GRANTING #52 Motion for Leave to Appear Pro Hac Vice Added Morgan R. Ferrell. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (de Oliveira, Flaviana) |
| Filing 55 Chief Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered GRANTING #51 Motion for Leave to Appear Pro Hac Vice Added John R. Fabry. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at # https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (de Oliveira, Flaviana) |
| Filing 54 NOTICE by Daniel McCabe, Jeffrey Pollack, Daniel Wright re #48 MOTION to Stay Plaintiffs' Motion to Stay Briefing on Ford's Motion to Dismiss, or, in the Alternative, Extend the Briefing Schedule by 90 days, & Memorandum of Points & Authorities in Support Thereof, #47 MOTION to Consolidate Cases Motion for Consolidation, & Memorandum of Points & Authorities in Support Thereof Motion to Consolidate Notice of Case Assignment, Re: Skole, et al. v. Ford Motor Co. (Belew, Leland) |
| Filing 53 MOTION for Leave to Appear Pro Hac Vice for admission of Jose Luis Munoz Filing fee: $ 125, receipt number AMADC-10078485 by Daniel McCabe, Jeffrey Pollack, Daniel Wright. (Attachments: #1 Affidavit Declaration of Jose Luis Munoz in Support of Motion for Admission Pro Hac Vice)(Straus, Alex) |
| Filing 52 MOTION for Leave to Appear Pro Hac Vice for admission of Morgan R. Ferrell Filing fee: $ 125, receipt number AMADC-10078479 by Daniel McCabe, Jeffrey Pollack, Daniel Wright. (Attachments: #1 Affidavit Declaration of Morgan R. Ferrell in Support of Motion for Admission Pro Hac Vice)(Straus, Alex) |
| Filing 51 MOTION for Leave to Appear Pro Hac Vice for admission of John R. Fabry Filing fee: $ 125, receipt number AMADC-10078460 by Daniel McCabe, Jeffrey Pollack, Daniel Wright. (Attachments: #1 Affidavit Declaration of John R. Fabry in Support of Motion for Admission Pro Hac Vice)(Straus, Alex) |
| Filing 50 RESPONSE to Motion re #47 MOTION to Consolidate Cases Motion for Consolidation, & Memorandum of Points & Authorities in Support Thereof Motion to Consolidate / Defendant Ford Motor Company's Response to Plaintiffs' Motion for Consolidation filed by Ford Motor Company. (Torres, Hector) |
| Filing 49 MEMORANDUM in Opposition re #48 MOTION to Stay Plaintiffs' Motion to Stay Briefing on Ford's Motion to Dismiss, or, in the Alternative, Extend the Briefing Schedule by 90 days, & Memorandum of Points & Authorities in Support Thereof filed by Ford Motor Company. (Attachments: #1 Declaration of Hector Torres, #2 Exhibit 1 - O'Connor Amended Class Action Complaint, #3 Exhibit 2 - Boggan Class Action Complaint, #4 Exhibit 3 - Skole Class Action Complaint, #5 Exhibit 4 - Vangel Class Action Complaint, #6 Exhibit 5 - Chaney Class Action Complaint, #7 Exhibit 6 - Butler Class Action Complaint, #8 Exhibit 7 - Haworth Class Action Complaint, #9 Exhibit 8 - Barlup Class Action Complaint, #10 Exhibit 9 - Dolan Class Action Complaint, #11 Exhibit 10 - September 14, 2023 Letter, #12 Exhibit 11 - Boggan Order Granting Transfer, #13 Exhibit 12 - Skole Minute Entry Granting Transfer, #14 Exhibit 13 - Vangel Order Granting Transfer, #15 Exhibit 14 - October 4, 2023 Email, #16 Exhibit 15 - Butler Waiver of Service, #17 Exhibit 16 - October 9, 2023 Email, #18 Exhibit 17 - Dolan Transfer Motion)(Torres, Hector) |
| Filing 48 MOTION to Stay Plaintiffs' Motion to Stay Briefing on Ford's Motion to Dismiss, or, in the Alternative, Extend the Briefing Schedule by 90 days, & Memorandum of Points & Authorities in Support Thereof by Daniel McCabe, Jeffrey Pollack, Daniel Wright. (Attachments: #1 Exhibit Exh A - 2023.07.20 Thomasch to Pltfs email re New 10R80 Actions, #2 Exhibit Exh B - Boggan Complaint - Dist.N.D.Ala._2-23-cv-00774_1, #3 Exhibit Exh C - Skole Complaint - Dist.N.D.Ill._1-23-cv-04130_1, #4 Exhibit Exh D - Vangel Complaint - Dist.S.D.Fla._1-23-cv-22572_1, #5 Exhibit Exh E - 2023.10.03 Belew to Thomasch email re Chaney & Butler, #6 Exhibit Exh F - 2023.08.02 McMillan to Thomasch email re motion to consolidate, #7 Exhibit Exh G - 2023.08.02 Thomasch to McMillan email re motion to consolidate, #8 Exhibit Exh H - 2023.08.04 McMillan to Thomasch email re motion to consolidate, #9 Exhibit Exh I - 2023.08.08 McMillan to Thomasch email re motion to consolidate, #10 Exhibit Exh J - 2023.08.18 Thomasch to Pltfs email re motion to consolidate, #11 Exhibit Exh K - 2023.08.18 Belew to Thomasch email re motion to consolidate 1)(Belew, Leland) |
| Filing 47 MOTION to Consolidate Cases Motion for Consolidation, & Memorandum of Points & Authorities in Support Thereof Motion to Consolidate by Daniel McCabe, Jeffrey Pollack, Daniel Wright. (Attachments: #1 Exhibit Exh A - 2023.07.20 Thomasch to Pltfs email re New 10R80 Actions, #2 Exhibit Exh B - Boggan Complaint - Dist.N.D.Ala._2-23-cv-00774_1, #3 Exhibit Exh C - Skole Complaint - Dist.N.D.Ill._1-23-cv-04130_1, #4 Exhibit Exh D - Vangel Complaint - Dist.S.D.Fla._1-23-cv-22572_1)(Belew, Leland) |
| Filing 46 Electronic Clerk's Notes for proceedings held before Chief Judge F. Dennis Saylor, IV: Status Conference held by telephone on 9/27/2023. Case called; Status and pending motions discussed; Hearing on Motions to dismiss set. Opposition to Motion to Dismiss due 10/13/23. NOTICE OF HEARING: Motion Hearing set for 11/3/2023 12:00 PM in Remote Proceeding : Boston before Chief Judge F. Dennis Saylor IV. (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: Leland Humphrey Belew and Mitchell Mark Breit for the plaintiff. Hector Torres, Jacob J. Lantry, Stephen Thomasch and Cindy Kelly for the defendant.) (McKillop, Matthew) Modified on 10/3/2023 (McKillop, Matthew). |
| Filing 45 CERTIFICATE OF SERVICE pursuant to LR 5.2 by Jeff M. Edwards re #44 Intervenor's Response to Defendant's Memorandum in Opposition. (de Oliveira, Flaviana) |
| Filing 44 Proposed Document(s) submitted by Jeff M. Edwards. Document received: Intervenor's Response to Defendant's Memorandum in Opposition. (de Oliveira, Flaviana) |
| Filing 43 MEMORANDUM in Opposition re #42 MOTION to Intervene filed by Ford Motor Company. (Torres, Hector) |
| Filing 42 MOTION to Intervene as Co-Plaintiff by Jeff M. Edwards.(de Oliveira, Flaviana) |
| Filing 41 ELECTRONIC NOTICE of Hearing: Status Conference set for 9/27/2023 03:20 PM by telephone before Chief Judge F. Dennis Saylor IV. (McKillop, Matthew) |
| Filing 40 Chief Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered. The deadline for the filing of any opposition to defendant's motion to dismiss is extended to 10/6/23. The matter will be set for a status conference on 9/27/23. (McKillop, Matthew) |
| Filing 39 MOTION to Stay Plaintiffs' Motion to Stay Deadlines on Defendant's Motion to Dismiss by Daniel McCabe, Jeffrey Pollack, Daniel Wright.(McMillan, Ryan) |
| Filing 38 Chief Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting #32 MOTION for Extension of Time to August 11, 2023 to to respond to Defendant's Motion to Dismiss and Plaintiffs' Unopposed Motion for Leave to File Brief in Excess of Page Limit. (McKillop, Matthew) |
| Filing 37 NOTICE of Appearance by Tyler Litke on behalf of Daniel McCabe, Jeffrey Pollack, Daniel Wright (Litke, Tyler) |
| Filing 36 NOTICE of Appearance by Ryan P. McMillan on behalf of Daniel McCabe, Jeffrey Pollack, Daniel Wright (McMillan, Ryan) |
| Filing 35 NOTICE of Appearance by Leland Humphrey Belew on behalf of Daniel McCabe, Jeffrey Pollack, Daniel Wright (Belew, Leland) |
| Filing 34 NOTICE of Appearance by Mitchell Mark Breit on behalf of Daniel McCabe, Jeffrey Pollack, Daniel Wright (Breit, Mitchell) |
| Filing 33 NOTICE of Appearance by Gregory F. Coleman on behalf of Daniel McCabe, Jeffrey Pollack, Daniel Wright (Coleman, Gregory) |
| Filing 32 MOTION for Extension of Time to August 11, 2023 to to respond to Defendant's Motion to Dismiss and Plaintiffs' Unopposed Motion for Leave to File Brief in Excess of Page Limit by Daniel McCabe, Jeffrey Pollack, Daniel Wright.(Straus, Alex) |
| Filing 31 MEMORANDUM in Support re #30 MOTION to Dismiss the First Amended Class Action Complaint filed by Ford Motor Company. (Attachments: #1 Declaration of Hector Torres, #2 Exhibit 1 - 2019 Warranty, #3 Exhibit 2 - 2022 Warranty, #4 Exhibit 3 - 2023 Warranty, #5 Exhibit 4 - March 13, 2023 Letter, #6 Exhibit 5 - April 12, 2023 Letter, #7 Exhibit 6 - June 13, 2023 Letter, #8 Exhibit 7 - June 20, 2023 Letter, #9 Exhibit 8 - TSB 18-2079, #10 Exhibit 9 - TSB 18-2274)(Torres, Hector) |
| Filing 30 MOTION to Dismiss the First Amended Class Action Complaint by Ford Motor Company.(Torres, Hector) |
| Filing 29 Chief Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting #25 , #26 , #27 Motions for Leave to Appear Pro Hac Vice; Attorneys Leland H. Belew, Ryan P. McMillan, and Tyler Litke added. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account. You must put the docket number on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Warnock, Douglas) |
| Filing 28 Chief Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered ALLOWING #23 and #24 Motion for Leave to Appear Pro Hac Vice; Attorneys Gregory F. Coleman and Mitchell M. Breit added. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at # https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (Warnock, Douglas) |
| Filing 27 MOTION for Leave to Appear Pro Hac Vice for admission of Tyler A. Litke Filing fee: $ 125, receipt number AMADC-9930117 by Daniel McCabe, Jeffrey Pollack, Daniel Wright. (Attachments: #1 Exhibit A - Declaration of of Tyler A Litke ISO Motion for Admission Pro Hac Vice)(Straus, Alex) |
| Filing 26 MOTION for Leave to Appear Pro Hac Vice for admission of Ryan P. McMillan Filing fee: $ 125, receipt number AMADC-9930111 by Daniel McCabe, Jeffrey Pollack, Daniel Wright. (Attachments: #1 Exhibit A - Declaration of Ryan P McMillan ISO Motion for Admission of Pro Hac Vice)(Straus, Alex) |
| Filing 25 MOTION for Leave to Appear Pro Hac Vice for admission of Leland H. Belew Filing fee: $ 125, receipt number AMADC-9930103 by Daniel McCabe, Jeffrey Pollack, Daniel Wright. (Attachments: #1 Exhibit A - Declaration of Leland H Belew ISO Motion for Admission Pro Hac Vice)(Straus, Alex) |
| Filing 24 MOTION for Leave to Appear Pro Hac Vice for admission of Mitchell M. Breit Filing fee: $ 125, receipt number AMADC-9930097 by Daniel McCabe, Jeffrey Pollack, Daniel Wright. (Attachments: #1 Exhibit A - Declaration of Mitchell M Breit ISO Motion for Admission Pro Hac Vice)(Straus, Alex) |
| Filing 23 MOTION for Leave to Appear Pro Hac Vice for admission of Gregory F. Coleman Filing fee: $ 125, receipt number AMADC-9930080 by Daniel McCabe, Jeffrey Pollack, Daniel Wright. (Attachments: #1 Exhibit A - Declaration of Gregory F Coleman ISO Motion for Admission Pro Hac Vice)(Straus, Alex) |
| Filing 22 Chief Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting #21 MOTION for Extension of Time to up to and including July 21, 2023 to to respond to Plaintiffs First Amended Complaint (Unopposed) and Leave to File Brief in Excess of Page Limit (McKillop, Matthew) Modified on 6/29/2023 (McKillop, Matthew). |
| Filing 21 MOTION for Extension of Time to up to and including July 21, 2023 to to respond to Plaintiffs First Amended Complaint (Unopposed) and Leave to File Brief in Excess of Page Limit by Ford Motor Company.(Lantry, Jacob) |
| Filing 20 AMENDED COMPLAINT against Daniel McCabe, Daniel Wright, Jeffrey Pollack, filed by Daniel McCabe, Daniel Wright, Jeffrey Pollack.(Straus, Alex) |
| Filing 19 MEMORANDUM in Support re #18 MOTION to Dismiss the Class Action Complaint / Ford's Memorandum of Law in Support of its Motion to Dismiss the Class Action Complaint filed by Ford Motor Company. (Torres, Hector) |
| Filing 18 MOTION to Dismiss the Class Action Complaint by Ford Motor Company. (Attachments: #1 Declaration of Hector Torres, #2 Exhibit 1 - Warranty, #3 Exhibit 2 - March 13, 2023 Letter, #4 Exhibit 3 - April 12, 2023 Letter, #5 Exhibit 4 - TSB 18-2079, #6 Exhibit 5 - TSB 18-2274)(Torres, Hector) |
| Filing 17 NOTICE of Appearance by Michelle I. Schaffer on behalf of Ford Motor Company (Schaffer, Michelle) |
| Filing 16 NOTICE of Appearance by Stephen Thomasch on behalf of Ford Motor Company (Thomasch, Stephen) |
| Filing 15 NOTICE of Appearance by Cindy Kelly on behalf of Ford Motor Company (Kelly, Cindy) |
| Filing 14 NOTICE of Appearance by Hector Torres on behalf of Ford Motor Company (Torres, Hector) |
| Filing 13 Chief Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting #12 MOTION for Leave to File Unopposed Motion to File Brief in Excess of Page Limit. (McKillop, Matthew) |
| Filing 12 MOTION for Leave to File Unopposed Motion to File Brief in Excess of Page Limit by Ford Motor Company.(Lantry, Jacob) |
| Filing 11 Chief Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered GRANTING #8 , #9 , #10 Motion for Leave to Appear Pro Hac Vice Added Hector Torres, Cindy Caranella Kelly, and Stephen P. Thomasch. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account. You must put the docket number on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (de Oliveira, Flaviana) |
| Filing 10 MOTION for Leave to Appear Pro Hac Vice for admission of Stephen P. Thomasch Filing fee: $ 125, receipt number AMADC-9884785 by Ford Motor Company. (Attachments: #1 Exhibit A - Declaration of Stephen P. Thomasch)(Lantry, Jacob) |
| Filing 9 MOTION for Leave to Appear Pro Hac Vice for admission of Cindy Caranella Kelly Filing fee: $ 125, receipt number AMADC-9884776 by Ford Motor Company. (Attachments: #1 Exhibit A - Declaration of Cindy Caranella Kelly)(Lantry, Jacob) |
| Filing 8 MOTION for Leave to Appear Pro Hac Vice for admission of Hector Torres Filing fee: $ 125, receipt number AMADC-9884737 by Ford Motor Company. (Attachments: #1 Exhibit A - Declaration of Hector Torres)(Lantry, Jacob) |
| Filing 7 Chief Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting #6 MOTION for Extension of Time to June 9, 2023 to File Response/Reply as to #1 Complaint, (McKillop, Matthew) |
| Filing 6 MOTION for Extension of Time to June 9, 2023 to File Response/Reply as to #1 Complaint, #4 Affidavit of Service (UNOPPOSED MOTION) by Ford Motor Company.(Lantry, Jacob) |
| Filing 5 NOTICE of Appearance by Jacob J. Lantry on behalf of Ford Motor Company (Lantry, Jacob) |
| Filing 4 AFFIDAVIT OF SERVICE Executed by Daniel McCabe. Ford Motor Company served on 4/19/2023, answer due 5/10/2023. Acknowledgement filed by Daniel McCabe. (Straus, Alex) |
| Filing 3 Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Quilter, Madison) |
| Filing 2 ELECTRONIC NOTICE of Case Assignment. Chief Judge F. Dennis Saylor, IV assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (Finn, Mary) |
| Filing 1 COMPLAINT Class Action Complaint against Ford Motor Company Filing fee: $ 402, receipt number AMADC-9813878 (Fee Status: Filing Fee paid), filed by Daniel McCabe. (Attachments: #1 Civil Cover Sheet, #2 Category Form, #3 Supplement Proposed Summons)(Straus, Alex) |
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