Dunkin' Donuts Franchising LLC et al v. Minda's Donuts, Inc. et al
Plaintiff: Dunkin' Donuts Franchising LLC and DD IP Holder LLC
Defendant: Minda's Donuts, Inc. and Arminda R. Daviduk
Case Number: 1:2023cv00087
Filed: February 3, 2023
Court: US District Court for the District of New Hampshire
Presiding Judge: Landya B McCafferty
Nature of Suit: Trademark
Cause of Action: 28 U.S.C. § 1331 Fed. Question: Trademark
Jury Demanded By: None
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This docket was last retrieved on March 29, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 29, 2023 NOTICE of ECF Filing Error re: #31 Objection--Magistrate Judge Assignment filed by DD IP Holder LLC, Dunkin' Donuts Franchising LLC. Document filed in error. This case is already assigned to U.S. District Court Judge Landya B. McCafferty. No need to publicly file document of non-consent. U.S. Magistrate Judge Andrea K. Johnstone will still hold and conduct the preliminary pretrial conference on 4/17/2023 if needed after the filing of the proposed discovery plan. NO ACTION REQUIRED - FOR INFORMATIONAL PURPOSES ONLY AND MERELY INTENDED TO EDUCATE ALL PARTIES IN THE CASE. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1423.(de)
March 28, 2023 Filing 31 NO CONSENT to Jurisdiction by U.S. Magistrate Judge. Because not all parties to the case consent to the assignment of a United States Magistrate Judge for all purposes including trial, pursuant to Fed. R. Civ. P. 73, 28 U.S.C. sec. 636(c), and Local Rule 73.1(b)(2), the case will be assigned to a United States District Judge. Clerk Daniel J. Lynch. (Appleby, Bethany)
March 24, 2023 Filing 30 ANSWER to #26 Amended Complaint, Affirmative Defenses, and Counterclaim by Arminda R. Daviduk, Minda's Donuts, Inc.. (Attachments: #1 Exhibit 1)(Shapiro, Seth)
March 24, 2023 Filing 29 OBJECTION to #27 Amended MOTION for Preliminary Injunction filed by Arminda R. Daviduk, Minda's Donuts, Inc.. Follow up on Reply on 3/31/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law)(Shapiro, Seth)
March 23, 2023 NOTICE of Video Hearing. Status Conference (Pre-Hearing Status Conference) set for 5/3/2023 at 10:00 AM VIA VIDEO CONFERENCE before Chief Judge Landya B. McCafferty.(de)
March 23, 2023 NOTICE of Hearing re: #27 Amended MOTION for Preliminary Injunction. Evidentiary Hearing set for 5/4/2023 at 09:00 AM before Chief Judge Landya B. McCafferty.(de)
March 16, 2023 Opinion or Order Filing 28 ORDER Scheduling Evidentiary Hearing on Plaintiffs' amended motion for injunctive relief and setting multiple deadlines outlined within. So Ordered by Chief Judge Landya B. McCafferty.(de)
March 16, 2023 Opinion or Order ORAL ORDER denying as moot #9 Motion for Preliminary Injunction. Text of Order: Denied as moot in light of the Amended Motion for Preliminary Injunction (doc. 27). So Ordered by Chief Judge Landya B. McCafferty.(de)
March 16, 2023 Opinion or Order ORAL ORDER denying as moot #20 Motion to Dismiss for Failure to State a Claim. Text of Order: Denied as moot in light of the filing of the Amended Complaint (doc. 26) as stated on the record during today's hearing. So Ordered by Chief Judge Landya B. McCafferty.(de)
March 16, 2023 Minute Entry for proceedings held before Chief Judge Landya B. McCafferty. SCHEDULING CONFERENCE held on 3/16/2023. Scheduling order to issue as discussed on the record. The Court granted leave to file reply and surreply (re: doc. 27) as discussed on the record. (Court Reporter: Susan Bateman) (Pltfs Attys: Johnathan Shirley, John Verhey, Bethany Appleby) (Defts Atty: Michael Braunstein, Seth Shapiro, Robert Salkowski, Peter Callaghan)(Total Hearing Time: 18 minutes) (de)
March 13, 2023 RESCHEDULING NOTICE of Hearing. Scheduling Conference/Status Conference reset for 3/16/2023 at 10:00 AM VIA VIDEO CONFERENCE before Chief Judge Landya B. McCafferty.(de)
March 10, 2023 Filing 27 Amended MOTION for Preliminary Injunction filed by DD IP Holder LLC, Dunkin' Donuts Franchising LLC.Follow up on Objection on 3/24/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law, #2 Exhibit (Affidavit) Davidson Declaration, #3 Exhibit Decl Ex 1 FA 308783, #4 Exhibit Decl Ex 2 FA 342062, #5 Exhibit Decl Ex 3 Guarantee 308783, #6 Exhibit Decl Ex 4 Guarantee 342062, #7 Exhibit Decl Ex 5 LL Term Letter, #8 Exhibit Decl Ex 6 Term Notice 342062, #9 Exhibit Decl Ex 7 Default Notice 308783, #10 Exhibit Decl Ex 8 Notice to Cure 300785, #11 Exhibit Decl Ex 9 Default Notice 308783, #12 Exhibit Decl Ex 10 Term Notice 308783, #13 Exhibit Decl Ex 11 Photo, #14 Proposed Order)(Shirley, Jonathan)
March 10, 2023 Filing 26 AMENDED COMPLAINT against All Plaintiffs filed by Dunkin' Donuts Franchising LLC, DD IP Holder LLC. (Attachments: #1 Exhibit A - PC 308783 FA, #2 Exhibit B - Default Notice, #3 Exhibit C - Termination Notice)(Shirley, Jonathan)
March 10, 2023 Filing 25 NOTICE of Filing First Amended Complaint (and Amended Motion for Preliminary Injunction) by DD IP Holder LLC, Dunkin' Donuts Franchising LLC.(Shirley, Jonathan)
March 9, 2023 Filing 24 NOTICE of Attorney Appearance by John F. Verhey on behalf of DD IP Holder LLC, Dunkin' Donuts Franchising LLC Attorney John F. Verhey added to party DD IP Holder LLC(pty:pla), Attorney John F. Verhey added to party Dunkin' Donuts Franchising LLC(pty:pla).(Verhey, John)
March 8, 2023 NOTICE OF PRETRIAL CONFERENCE. Pretrial Conference set for 4/17/2023 10:00 AM before US Magistrate Judge Andrea K Johnstone. Follow up on Discovery Plan 4/10/2023. Please note pursuant to Title 28 USC 636(c) and Local Rule 73.1, the parties may consent to have the case reassigned to the Magistrate Judge, but are free to withhold consent without adverse consequences.(kad)
March 7, 2023 Filing 23 NOTICE of Attorney Appearance by Michael Daniel Braunstein on behalf of Arminda R. Daviduk, Minda's Donuts, Inc. Attorney Michael Daniel Braunstein added to party Arminda R. Daviduk(pty:dft), Attorney Michael Daniel Braunstein added to party Minda's Donuts, Inc. (pty:dft).(Braunstein, Michael)
March 7, 2023 Filing 22 NOTICE of Attorney Appearance by Seth Shapiro on behalf of Arminda R. Daviduk, Minda's Donuts, Inc. Attorney Seth Shapiro added to party Arminda R. Daviduk(pty:dft), Attorney Seth Shapiro added to party Minda's Donuts, Inc. (pty:dft).(Shapiro, Seth)
March 7, 2023 Filing 21 NOTICE of Attorney Appearance by Robert F Salkowski on behalf of Arminda R. Daviduk, Minda's Donuts, Inc. Attorney Robert F Salkowski added to party Arminda R. Daviduk(pty:dft), Attorney Robert F Salkowski added to party Minda's Donuts, Inc. (pty:dft).(Salkowski, Robert)
March 7, 2023 Filing 20 MOTION to Dismiss for Failure to State a Claim filed by Arminda R. Daviduk, Minda's Donuts, Inc..Follow up on Objection on 3/21/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law, #2 Exhibit Eviction Order)(Callaghan, Peter)
March 7, 2023 Filing 19 MEMORANDUM in Opposition re #9 MOTION for Preliminary Injunction Corrected - Replaces Document No. 17-1 filed by Arminda R. Daviduk, Minda's Donuts, Inc.. Follow up on Reply on 3/14/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit Eviction Order, #2 Exhibit (Affidavit) Declaration of Defendant Aminda R. Daviduk, #3 Attachment to Exhibit Daviduk Declaration Ex. 1 - SOS Website, #4 Attachment to Exhibit Daviduk Declaration Ex. 2 - Mapes to McCarthy, #5 Attachment to Exhibit Daviduk Declaration Ex. 3 - Motion to Dismiss Denied, #6 Attachment to Exhibit Daviduk Declaration Ex. 4 - Fortier Statement, #7 Attachment to Exhibit Daviduk Declaration Ex. 5 - NH Dept of Health Report, #8 Attachment to Exhibit Daviduk Declaration Ex. 6 - No Donuts Sign, #9 Attachment to Exhibit Daviduk Declaration Ex. 7 - (Dunkin Kitchen threat and response, #10 Attachment to Exhibit Daviduk Declaration Ex. 8 - New article re: lawsuit, #11 Attachment to Exhibit Daviduk Declaration Ex. 9 - DARE 1, #12 Attachment to Exhibit Daviduk Declaration Ex. 10 - DARE 2, #13 Attachment to Exhibit Daviduk Declaration Ex. 11 - Savage Run, #14 Attachment to Exhibit Daviduk Declaration Ex. 12 - Dog Reward, #15 Attachment to Exhibit Daviduk Declaration Ex. 13 - Colby Agreement, #16 Attachment to Exhibit Daviduk Declaration Ex. 14 - Sandown Agreement, #17 Attachment to Exhibit Daviduk Declaration Ex. 15 - Mapes to McCarthy Ex. 6, #18 Attachment to Exhibit Daviduk Declaration Ex. 16 - Dunkin Colby Termination, #19 Attachment to Exhibit Daviduk Declaration Ex. 17 - McCarthy to Storey and photos, #20 Attachment to Exhibit Daviduk Declaration Ex. 18 - Dunkin Sandown Termination, #21 Exhibit (Affidavit) Declaration of Anthony B. Capone III, #22 Attachment to Exhibit Capone Declaration Ex. 1 - Dunkin Colby Termination, #23 Attachment to Exhibit Capone Declaration Ex. 2 - Fortier Statement, #24 Attachment to Exhibit Capone Declaration Ex. 3 - NH Dept of Health Report, #25 Attachment to Exhibit Capone Declaration Ex. 4 - No Donuts Sign, #26 Attachment to Exhibit Capone Declaration Ex. 5 - New Article re: lawsuit, #27 Attachment to Exhibit Capone Declaration Ex. 6 - Bush text)(Callaghan, Peter)
March 1, 2023 Filing 18 Disclosure Statement by Minda's Donuts, Inc. disclosing no parent company, no publicly traded company, and no merger agreement. (Callaghan, Peter)
March 1, 2023 NOTICE of Hearing. Scheduling Conference/Status Conference re: motion for preliminary injunction set for 3/14/2023 at 10:00 AM VIA VIDEO CONFERENCE before Chief Judge Landya B. McCafferty.(de)
February 28, 2023 Filing 17 REPLACED BY DOCUMENT #19 . OBJECTION to #9 MOTION for Preliminary Injunction filed by Arminda R. Daviduk, Minda's Donuts, Inc.. Follow up on Reply on 3/7/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law, #2 Exhibit (Affidavit) Ex. A Daviduk Declaration, #3 Exhibit A-1 SOS website, #4 Exhibit A-2 Letter, #5 Exhibit A-3 Order, #6 Exhibit A-4 Statement, #7 Exhibit A-5 Report, #8 Exhibit A-6 Sign, #9 Exhibit A-7 Letter, #10 Exhibit A-8 Article, #11 Exhibit A-9 Dare 1, #12 Exhibit A-10 Dare 2, #13 Exhibit A-11 Run, #14 Exhibit A-12 Reward, #15 Exhibit (Affidavit) Ex. B Capone Declaration, #16 Exhibit B-1 Colby Termination, #17 Exhibit B-2 Statement, #18 Exhibit B-3 Report, #19 Exhibit B-4 Sign, #20 Exhibit B-5 Article, #21 Exhibit Ex. C Eviction Order, #22 Exhibit Ex. 1 SOS Website, #23 Exhibit Ex. 2 Colby Agreement, #24 Exhibit Ex. 3 Sandown Agreement, #25 Exhibit Ex. 4 Letter, #26 Exhibit Ex. 5 Letter, #27 Exhibit Ex. 6 Default Notice, #28 Exhibit Ex. 7 Letter, #29 Exhibit Ex. 8 Order, #30 Exhibit Ex. 9 Sandown Termination, #31 Exhibit Ex. 10 Letter, #32 Exhibit Ex. 11 Colby Termination, #33 Exhibit Ex. 12 Statement, #34 Exhibit Ex. 13 Statement, #35 Exhibit Ex. 14 Letter, #36 Exhibit Ex. 15 Sign, #37 Exhibit Ex. 16 Email, #38 Exhibit Ex. 17 Email, #39 Exhibit Ex. 18 Text, #40 Exhibit Ex. 19 Report)(Callaghan, Peter) Modified on 3/8/2023 to add: REPLACED BY DOCUMENT 19 (de).
February 28, 2023 ENDORSED ORDER granting #14 Assented to Motion for Seth M. Shapiro to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by US Magistrate Judge Andrea K Johnstone.The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(de)
February 28, 2023 ENDORSED ORDER granting #12 Assented to Motion for Robert F. Salkowski to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by US Magistrate Judge Andrea K Johnstone.The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(de)
February 28, 2023 ENDORSED ORDER granting #13 Assented to Motion for Michael D. Braunstein to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by US Magistrate Judge Andrea K Johnstone.The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(de)
February 24, 2023 Filing 16 NOTICE of Attorney Appearance by Bethany L. Appleby on behalf of DD IP Holder LLC, Dunkin' Donuts Franchising LLC Attorney Bethany L. Appleby added to party DD IP Holder LLC(pty:pla), Attorney Bethany L. Appleby added to party Dunkin' Donuts Franchising LLC(pty:pla).(Appleby, Bethany)
February 24, 2023 Filing 15 AFFIDAVIT re #13 Assented to MOTION for Michael D. Braunstein to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2350962.) filed by Arminda R. Daviduk, Minda's Donuts, Inc. (Callaghan, Peter)
February 24, 2023 Filing 14 Assented to MOTION for Seth M. Shapiro to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2350964.) filed by Arminda R. Daviduk, Minda's Donuts, Inc.. (Attachments: #1 Exhibit (Affidavit) Affidavit of Seth M. Shapiro)(Callaghan, Peter)
February 24, 2023 Filing 13 Assented to MOTION for Michael D. Braunstein to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2350962.) filed by Arminda R. Daviduk, Minda's Donuts, Inc..(Callaghan, Peter)
February 24, 2023 Filing 12 Assented to MOTION for Robert F. Salkowski to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2350961.) filed by Arminda R. Daviduk, Minda's Donuts, Inc.. (Attachments: #1 Exhibit (Affidavit) Affidavit of Robert F. Salkowski)(Callaghan, Peter)
February 24, 2023 Filing 11 NOTICE of Attorney Appearance by Peter G. Callaghan on behalf of Arminda R. Daviduk, Minda's Donuts, Inc. Attorney Peter G. Callaghan added to party Arminda R. Daviduk(pty:dft), Attorney Peter G. Callaghan added to party Minda's Donuts, Inc. (pty:dft).(Callaghan, Peter)
February 14, 2023 Filing 10 Return of Service Executed as to All Defendants by All Plaintiffs. Served/Mailed on 2/14/2023. Answer Follow Up on 3/7/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Shirley, Jonathan)
February 13, 2023 Case reassigned to Chief Judge Landya B. McCafferty. The new case designation is: 23-cv-87-LM. Please show this number with the correct judge designation on all further pleadings.(kad)
February 10, 2023 ENDORSED ORDER granting #7 Assented to MOTION for Bethany L. Appleby to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by US Magistrate Judge Andrea K Johnstone.The clerk's office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(kad)
February 10, 2023 ENDORSED ORDER granting #8 Assented to MOTION for John F. Verhey to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by US Magistrate Judge Andrea K Johnstone.The clerk's office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(kad)
February 10, 2023 Filing 9 MOTION for Preliminary Injunction filed by DD IP Holder LLC, Dunkin' Donuts Franchising LLC.Follow up on Objection on 2/24/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law, #2 Exhibit (Affidavit) Davidson Declaration, #3 Exhibit Ex 1 FA 308783, #4 Exhibit Ex 2 FA 342062, #5 Exhibit Ex 3 Guarantee 308783, #6 Exhibit Ex 4 Guarantee 342062, #7 Exhibit Ex 5 LL Term Letter, #8 Exhibit Ex 6 Term Notice 342062, #9 Exhibit Ex 7 Default Notice 308783, #10 Exhibit Ex 8 Notice to Cure 300785, #11 Exhibit Ex 9 Default Notice 308783, #12 Exhibit Ex 10 Term Notice 308783, #13 Exhibit Ex 11 Photo, #14 Proposed Order)(Shirley, Jonathan)
February 9, 2023 Filing 8 Assented to MOTION for John F. Verhey to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2345089.) filed by DD IP Holder LLC, Dunkin' Donuts Franchising LLC. (Attachments: #1 Exhibit (Affidavit) Declaration of John F. Verhey)(Shirley, Jonathan)
February 9, 2023 Filing 7 Assented to MOTION for Bethany L. Appleby to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2345086.) filed by DD IP Holder LLC, Dunkin' Donuts Franchising LLC. (Attachments: #1 Exhibit (Affidavit) Declaration of Bethany L. Appleby)(Shirley, Jonathan)
February 7, 2023 Filing 6 AO 120 Report on the Filing or Determination of an Action Regarding a Patent or Trademark forwarded this date to the Commissioner on Patents and Trademarks, Washington, DC. (mc)
February 6, 2023 Filing 5 Summonses issued electronically as to Arminda R. Daviduk, Minda's Donuts, Inc.. NOTICE: Counsel shall print and serve the summonses and all attachments in accordance with Fed. R. Civ. P. 4. NOTICE of Assignment to Magistrate Judge attached. (Attachments: #1 Notice ECF, #2 Assignment to Magistrate) (mc)
February 6, 2023 Filing 4 NOTICE of Assignment to U.S. Magistrate Judge and Consent Form sent to plaintiffs for service on all parties. MJ Consent Form Due 3/28/2023. (mc)
February 6, 2023 NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE. (mc)
February 3, 2023 Case assigned to US Magistrate Judge Andrea K Johnstone. The case designation is: 1:23-cv-87-AJ. Please show this number with the judge designation on all future pleadings. (mc)
February 3, 2023 Filing 3 Disclosure Statement by DD IP Holder LLC disclosing no parent company, no publicly traded company, and no merger agreement. (Shirley, Jonathan)
February 3, 2023 Filing 2 Disclosure Statement by Dunkin' Donuts Franchising LLC disclosing no parent company, no publicly traded company, and no merger agreement. (Shirley, Jonathan)
February 3, 2023 Filing 1 NEW CASE/ COMPLAINT Filing fee $ 402, receipt number ANHDC-2342259 filed by Dunkin' Donuts Franchising LLC, DD IP Holder LLC. (Attachments: #1 Exhibit A - PC 308783 FA, #2 Exhibit B - PC 342062 FA, #3 Exhibit C - Notice of Termination (342062), #4 Exhibit D - Default Notice, #5 Exhibit E - Notice of Termination (308783), #6 Civil Cover Sheet, #7 Summons - Waiver Minda's Donuts, Inc., #8 Summons - Waiver Aminda R. Daviduk)(Shirley, Jonathan)

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Search for this case: Dunkin' Donuts Franchising LLC et al v. Minda's Donuts, Inc. et al
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Plaintiff: Dunkin' Donuts Franchising LLC
Represented By: Jonathan M. Shirley
Represented By: Bethany L. Appleby
Represented By: John F. Verhey
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Plaintiff: DD IP Holder LLC
Represented By: Jonathan M. Shirley
Represented By: Bethany L. Appleby
Represented By: John F. Verhey
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Defendant: Minda's Donuts, Inc.
Represented By: Robert F Salkowski
Represented By: Michael Daniel Braunstein
Represented By: Peter G. Callaghan
Represented By: Seth Shapiro
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Defendant: Arminda R. Daviduk
Represented By: Robert F Salkowski
Represented By: Michael Daniel Braunstein
Represented By: Seth Shapiro
Represented By: Peter G. Callaghan
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