MARCHETTI v. JOHNSON & JOHNSON
MARCHETTI, MICHAEL A MARCHETTI and CAMMY D MARCHETTI |
JOHNSON & JOHNSON, PERSONAL CARE PRODUCTS COUNCIL ("PCPC"), JOHNSON & JOHNSON CONSUMER COMPANIES INC., JOHNSON & JOHNSON CONSUMER, INC., IMERYS TALC AMERICA INC and JOHNSON & JOHNSON CONSUMER PRODUCTS COMPANY |
JOHNSON & JOHNSON TALCUM POWDER PRODUCTS MARKETING, SALES PRACTICES AND PRODUCTS LIABILITY LITIGATION |
3:2016cv08082 |
October 31, 2016 |
US District Court for the District of New Jersey |
Trenton Office |
XX US, Outside State |
Lois H Goodman |
Freda L Wolfson |
Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
28 U.S.C. § 1332 |
Both |
Docket Report
This docket was last retrieved on September 25, 2017. A more recent docket listing may be available from PACER.
Document Text |
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Filing 71 NOTICE of Appearance by ERIC FRISTEDT BARTON on behalf of PERSONAL CARE PRODUCTS COUNCIL ("PCPC") (BARTON, ERIC) |
Filing 70 NOTICE of Appearance by SHERYL LISA AXELROD on behalf of PERSONAL CARE PRODUCTS COUNCIL ("PCPC") (AXELROD, SHERYL) |
Filing 69 NOTICE of Appearance by KATHLEEN A. FRAZIER on behalf of JOHNSON & JOHNSON, JOHNSON & JOHNSON CONSUMER COMPANIES INC., JOHNSON & JOHNSON CONSUMER PRODUCTS COMPANY, JOHNSON & JOHNSON CONSUMER, INC. (FRAZIER, KATHLEEN) |
Filing 68 NOTICE of Appearance by SUSAN M. SHARKO on behalf of JOHNSON & JOHNSON, JOHNSON & JOHNSON CONSUMER COMPANIES INC., JOHNSON & JOHNSON CONSUMER PRODUCTS COMPANY, JOHNSON & JOHNSON CONSUMER, INC. (SHARKO, SUSAN) |
Filing 67 NOTICE of Appearance by JULIE LYNN TERSIGNI on behalf of JOHNSON & JOHNSON, JOHNSON & JOHNSON CONSUMER COMPANIES INC., JOHNSON & JOHNSON CONSUMER PRODUCTS COMPANY, JOHNSON & JOHNSON CONSUMER, INC. (TERSIGNI, JULIE) |
Filing 66 NOTICE of Appearance by THOMAS T. LOCKE on behalf of PERSONAL CARE PRODUCTS COUNCIL ("PCPC") (LOCKE, THOMAS) |
Filing 65 AMENDED DOCUMENT by IMERYS TALC AMERICA INC. Amendment to #59 Notice of Appearance . (DOTRO, LORNA) |
CLERK'S QUALITY CONTROL MESSAGE - The Notice of Appearance d.e. #64 submitted by Sheryl Axelrod on 5/4/2017 contains an improper signature. Only the filing user is permitted to sign electronically filed documents with an s/. PLEASE RESUBMIT THE DOCUMENT WITH A PROPER ELECTRONIC SIGNATURE. This submission will remain on the docket unless otherwise ordered by the court (km) |
Filing 64 NOTICE of Appearance by SHERYL LISA AXELROD on behalf of PERSONAL CARE PRODUCTS COUNCIL ("PCPC") (AXELROD, SHERYL) |
Filing 63 NOTICE by CAMMY D MARCHETTI, MICHAEL A MARCHETTI Notice of Filing (BEVIS, JOHN) |
Filing 62 NOTICE by CAMMY D MARCHETTI, MICHAEL A MARCHETTI Short Form Complaint and Jury Demand (BEVIS, JOHN) |
Filing 61 NOTICE of Appearance by GENE M. WILLIAMS on behalf of JOHNSON & JOHNSON, JOHNSON & JOHNSON CONSUMER COMPANIES INC., JOHNSON & JOHNSON CONSUMER PRODUCTS COMPANY, JOHNSON & JOHNSON CONSUMER, INC. (WILLIAMS, GENE) |
Filing 60 NOTICE of Appearance by MARK K. SILVER on behalf of IMERYS TALC AMERICA INC (SILVER, MARK) |
Filing 59 NOTICE of Appearance by LORNA A. DOTRO on behalf of IMERYS TALC AMERICA INC (DOTRO, LORNA) |
Filing 58 NOTICE of Appearance by SCOTT A. JAMES on behalf of JOHNSON & JOHNSON, JOHNSON & JOHNSON CONSUMER COMPANIES INC., JOHNSON & JOHNSON CONSUMER PRODUCTS COMPANY, JOHNSON & JOHNSON CONSUMER, INC. (JAMES, SCOTT) |
Filing 57 NOTICE of Appearance by KATHLEEN A. FRAZIER on behalf of JOHNSON & JOHNSON, JOHNSON & JOHNSON CONSUMER COMPANIES INC., JOHNSON & JOHNSON CONSUMER PRODUCTS COMPANY, JOHNSON & JOHNSON CONSUMER, INC. (FRAZIER, KATHLEEN) |
Filing 56 Clerk's Notice to Counsel. (dm ) |
Filing 55 Certified Copy of Transfer Order and docket received, Case transferred in from District of Georgia Middle; Case Number 4:16-cv-00227. Original file certified copy of transfer order and docket sheet received. |
Filing 54 MDL TRANSFER ORDER transferring proceedings to the District of New Jersey for coordinated or consolidated pretrial proceedings (tlf). |
Filing 53 Pro Hac Vice Attorney Admission Fee Met by DEBORAH A MOELLER. (nop) |
Filing 52 Pro Hac Vice Attorney Admission Fee Met by SARA ANDERSON FREY. (nop) |
Filing 51 Pro Hac Vice Attorney Admission Fee Met by SCOTT A JAMES. (nop) |
Filing 50 This is a text only entry; no document issued. ORDER terminating #46 Motion for Protective Order; terminating #46 Motion to Compel. Defense counsel, Ms. Suson, called chambers this morning informing the Court that the parties have resolved their most recent discovery disputes. Therefore, the telephone conference scheduled for this morning at 11:00 am is CANCELLED and the Emergency Motion #46 is terminated as moot. Ordered by US DISTRICT JUDGE CLAY D LAND on 9/2/2016 (esl) |
Filing 49 REPLY to Response filed by JOHNSON & JOHNSON, JOHNSON & JOHNSON CONSUMER COMPANIES INC, JOHNSON & JOHNSON CONSUMER INC, JOHNSON & JOHNSON CONSUMER PRODUCTS COMPANY re #46 MOTION for Protective OrderMOTION to Compel (Attachments: #1 Exhibit A (HIPAA Medical Authorization))(MARTINEZ, ZOE) |
Filing 48 RESPONSE filed by CAMMY D MARCHETTI, MICHAEL A MARCHETTI re #46 MOTION for Protective OrderMOTION to Compel (DAWSON, PATRICK) |
Filing 47 This is a text only entry; no document issued.ORDER Defendants have filed a motion for protective order regarding the preservation of testimony deposition of Plaintiff who has a terminal illness. Counsel for the parties shall make themselves available for a telephone conference on Friday, September 2, 2016 (tomorrow) at 11:00 A.M. The Court obviously recognizes that this is short notice, but when kids can't play well in the sand box together, immediate intervention by the kindergarten teacher is sometimes the only remedy. As you prepare for the telephone conference, please understand that the Court does not want to hear a lot of "whining" about the other side. Apparently sophisticated lawyers cannot on their own agree to what it means to produce as much medical information on a client as is reasonably possible in a three week period or even agree on a date that would be reasonably convenient to everyone. The Court is convinced that if such an assignment were given to the vast majority of Americans, that they could find a way to reach common ground. But not modern day linguistic warriors who think combat first, compromise second. The Court looks forward to starting the Labor Day Holiday Weekend early hand-holding grown-ups who should be able to play better together. A notice with call-in instructions will be provided shortly. Ordered by US DISTRICT JUDGE CLAY D LAND on September 1, 2016. (CDL) |
NOTICE OF SETTING HEARING ON MOTION re #46 MOTION for Protective Order / MOTION to Compel : TELEPHONIC Motion Hearing set for 9/2/2016 11:00 AM (Eastern Time) in Columbus before US DISTRICT JUDGE CLAY D LAND. To connect to the call, Dial 1-888-684-8852 and enter Participant Access Code: 8469390. At the prompt, enter Security Code: 90216. (esl) |
Filing 46 EMERGENCY MOTION for Protective Order, MOTION to Compel by JOHNSON & JOHNSON, JOHNSON & JOHNSON CONSUMER COMPANIES INC, JOHNSON & JOHNSON CONSUMER INC, JOHNSON & JOHNSON CONSUMER PRODUCTS COMPANY filed by ZOE I MARTINEZ. (Attachments: #1 Memorandum in Support, #2 Exhibit A (Email communication), #3 Exhibit B (8/22/16 Letter from R. Cheeley), #4 Exhibit C (Email communication), #5 Exhibit D (Email communication), #6 Exhibit E (Email communication), #7 Proposed Order)(MARTINEZ, ZOE) |
Filing 45 SUMMONS Returned Executed by CAMMY D MARCHETTI, MICHAEL A MARCHETTI as to JOHNSON & JOHNSON CONSUMER PRODUCTS COMPANY. (DAWSON, PATRICK) |
Filing 44 SUMMONS Returned Executed by CAMMY D MARCHETTI, MICHAEL A MARCHETTI as to JOHNSON & JOHNSON CONSUMER COMPANIES INC. (DAWSON, PATRICK) |
Filing 43 SUMMONS Returned Executed by CAMMY D MARCHETTI, MICHAEL A MARCHETTI as to JOHNSON & JOHNSON. (DAWSON, PATRICK) |
Filing 42 NOTICE Of Videotaped Deposition For The Preservation of Evidence by CAMMY D MARCHETTI, MICHAEL A MARCHETTI (DAWSON, PATRICK) |
Notice of Deficiency; Pursuant to Local Rule 5.1 Discovery is not filed in the Middle District of Georgia; Related document: #42 Notice (Other) filed by MICHAEL A MARCHETTI, CAMMY D MARCHETTI. The CM/ECF procedures manual provides as follows: " Pursuant to Local Rule 5, Disclosures under F.R.Civ.P.(26)(a)(1) or (2) and discovery requests and responses including depositions, interrogatories, requests for production of documents, and requests for admission must not be filed unless they are used in the proceedings or the court orders filing. Neither should notices nor certificates regarding discovery be filed." Please do not file discovery matters in the future (tlf). |
Filing 41 TRANSCRIPT of Proceedings held on 8/15/2016, before Judge Clay D. Land. Court Reporter/Transcriber Alan Causey. Volume Number: I OF I. The transcript may be inspected at the court or purchased through the court reporter for a period of 90 days. After 90 days, the transcript may be obtained via PACER. REDACTION OF TRANSCRIPTS: Complete redaction policy available on the courts website. (Peterson, Betsy) |
Filing 40 Pro Hac Vice Attorney Admission Fee Met by KATHLEEN FRAZIER. (nop) |
Filing 39 This is a text only entry; no document issued. ORDER granting in part and denying in part #38 Motion to Stay. Defendants have moved to stay the proceedings until the Panel on Multidistrict Litigation decides whether to consolidate this case with others into an MDL Proceeding. The Panel is scheduled to hear the motion for consolidation on September 29, 2016. Counsel for Plaintiff represents that Plaintiff has been diagnosed with terminal ovarian cancer and seeks to take her deposition as soon as possible to preserve her testimony. As stated at the telephone conference today, the Court finds that the deposition of Plaintiff should be taken for this purpose prior to the MDL Panel hearing on September 29, 2016. Accordingly, the Court denies Defendants' motion for stay as to the taking of Plaintiff's deposition and the providing of discovery materials reasonably necessary for preparation of that deposition under these expedited circumstances. Counsel for the parties shall confer in an attempt to work out a plan for the completion of Plaintiff's deposition prior to September 29, 2016. If counsel cannot reach agreement on a plan, counsel shall notify the Court and the Court will order a plan. As to matters unrelated to the expedited deposition of the Plaintiff to preserve her testimony, the Court does find that those matters should be stayed. Accordingly, the Court does not intend to rule on the pending partial motion to dismiss at this time, and the hearing previously scheduled for that motion is canceled. Ordered by US DISTRICT JUDGE CLAY D LAND on August 15, 2016 (CDL) |
TEXT ONLY Minute Entry - Proceedings held before US DISTRICT JUDGE CLAY D LAND: Telephone Conference held on 8/15/2016. Participating counsel: Roy Barnes, John Bevis, Bob Cheeley, Pat Dawson, Ileana Martinez, Leslie Suson, Leslie Benitez, and Leslie Eason. (Court Reporter Alan Causey - 706-317-3111) (esl) |
NOTICE OF CANCELLATION OF HEARING - Motion Hearing scheduled for 9/1/2016 at 9:30 am is CANCELLED, additionally, the deadline for submitting a proposed scheduling order is terminated, all pursuant to Text Order 39 . (esl) |
Filing 38 MOTION to Stay and #30 Response to Plaintiffs' Motion for Oral Argument on Defendants' Motion to Dismiss re #33 MOTION to Stay All Proceedings by IMERYS TALC AMERICA INC filed by Leslie Kali Eason.(Eason, Leslie) |
Filing 37 Corporate Disclosure Statement by IMERYS TALC AMERICA INC identifying Corporate Parent IMERYS MINERAL HOLDING LIMITED (UK), Corporate Parent IMERYS S.A., Corporate Parent IMERYS USA, INC., Other Affiliate IMERYS TALC VERMONT, INC., Other Affiliate NYSE EURONEXT PARIS for IMERYS TALC AMERICA INC. (Eason, Leslie) |
Notice of Deficiency: Exhibit(s) must include a description - NO NEED TO REFILE - description added by case administrator (related document(s): #34 Response to Motion, filed by MICHAEL A MARCHETTI, CAMMY D MARCHETTI ). (ans) |
Filing 36 ANSWER to #9 Amended Complaint, by IMERYS TALC AMERICA INC.(Eason, Leslie) |
Filing 35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM CLAIMS OF FRAUD (FRAUDULENT CONCEALMENT), CONSPIRACY, DEFECTIVE AND NEGLIGENT MANUFACTURING, DESIGN DEFECT, BREACH OF IMPLIED WARRANTY, AND GEORGIA FAIR BUSINESS PRACTICES ACT VIOLATIONS by IMERYS TALC AMERICA INC filed by Leslie Kali Eason. (Attachments: #1 Memorandum in Support Memorandum of Law In Support)(Eason, Leslie) |
Filing 34 RESPONSE filed by CAMMY D MARCHETTI, MICHAEL A MARCHETTI re #20 MOTION to Dismiss Plaintiffs' Claims of Fraud (Fraudulent Concealment), Conspiracy, Defective and Negligent Manufacturing, Breach of Implied Warranty, and Georgia Fair Business Practices Act Violations, and All Claims Against Johnson & Johnson Con (Attachments: #1 Exhibit)(DAWSON, PATRICK) |
NOTICE OF SETTING HEARING - Telephone Conference set for 8/15/2016 10:30 AM in Columbus before US DISTRICT JUDGE CLAY D LAND. The main purpose of the conference call is to discuss the motion to stay and the status of the JPML's consideration of the motion for an MDL with regard to the products at issue in this case. To connect to the call, please Dial 1-888-684-8852 and enter Participant Access Code: 8469390. At the prompt, enter Security Code: 81516.(esl) |
SECOND NOTICE TO COUNSEL SCOTT A JAMES, KATHLEEN FRAZIER - Counsel is notified that they do not show in the court records that they meet the required attorney admissions policies of this court. If within 14 days of this notice all requirements, including the payment of Pro Hac Vice or admissions fees, have not been met, a show cause hearing will be scheduled. (nop) |
Filing 33 MOTION to Stay All Proceedings by JOHNSON & JOHNSON, JOHNSON & JOHNSON CONSUMER INC filed by Zoe Ileana Martinez.(Martinez, Zoe) |
Filing 32 RULES 16/26 ORDER:Proposed Scheduling/Discovery order due by 9/22/2016. Corporate Disclosures due by 8/22/2016. Ordered by US DISTRICT JUDGE CLAY D. LAND on 8/8/2016 (tlf). |
Filing 31 This is a text only entry; no document issued. ORDER granting #30 Motion for Hearing - The Court GRANTS Plaintiffs' Motion for Oral Argument #30 regarding Defendants' Partial Motion to Dismiss #20 . The briefing schedule for the motion to dismiss is as follows: response brief due no later than 8/15/2016; reply brief due 10 days after response brief is filed, but no later than 8/25/2016. Motion Hearing set for 9/1/2016 09:30 AM in Columbus before US DISTRICT JUDGE CLAY D LAND. Ordered by US DISTRICT JUDGE CLAY D LAND on 8/8/2016 (esl) |
Filing 30 MOTION for Hearing by CAMMY D MARCHETTI, MICHAEL A MARCHETTI filed by PATRICK A DAWSON.Associated Cases: 4:16-cv-00227-CDL, 5:16-cv-00355-LJA(DAWSON, PATRICK) |
Filing 29 Corporate Disclosure Statement by JOHNSON & JOHNSON CONSUMER INC identifying Corporate Parent JOHNSON AND JOHNSON for JOHNSON & JOHNSON CONSUMER INC. (Martinez, Zoe) |
Filing 28 Corporate Disclosure Statement by JOHNSON & JOHNSON CONSUMER INC (Martinez, Zoe) |
Filing 27 Corporate Disclosure Statement by JOHNSON & JOHNSON (Martinez, Zoe) |
Notice of Deficiency; Document must be re-filed and corporate parents, subsidiary corporations and/or any publicly held corporation that owns 10% or more of its stock to the case added by the filer at the time of filing; Related document: #28 Corporate Disclosure Statement filed by JOHNSON AND JOHNSON CONSUMER, INC. During the filing process a user massage appear which provided as follows: " Corporate disclosures statement must be re-filed with any corporate parents, subsidiary corporations, and/or any publicly held corporation that owns 10% or more of its stock added in CM/ECF during the filing of the document. Failure to add the corporate parents and/or any publicly held corporation identified in your corporate disclosure statement will result in a request to re-file. The body of the document listed one corporate parent and one company owning more than 10 percent (tlf). |
Filing 26 Pro Hac Vice Attorney Admission Fee Met by LESLIE BENITEZ. (nop) |
Filing 25 CONSENT MOTION for Extension of Time to File Answer re #9 Amended Complaint, by IMERYS TALC AMERICA INC filed by Leslie Kali Eason. (Attachments: #1 Text of Proposed Order Proposed Order)(Eason, Leslie) |
REMARK: Insofar as local rule provides: "Any extensions of time within which to answer...or an amended complaint...may be done by written, filed stipulation of counsel, not to exceed more than thirty (30) days...." And insofar as the requested extension of time does not exceed 30 days, #25 motion is being construed as such a stipulation and is being administrative terminated without ruling by the Court (tlf). |
Filing 24 NOTICE of Attorney Appearance by JOHN R BEVIS on behalf of CAMMY D MARCHETTI, MICHAEL A MARCHETTI Attorney JOHN R BEVIS added to party CAMMY D MARCHETTI(pty:pla), Attorney JOHN R BEVIS added to party MICHAEL A MARCHETTI(pty:pla) (BEVIS, JOHN) |
Filing 23 NOTICE of Attorney Appearance by ROY E BARNES on behalf of CAMMY D MARCHETTI, MICHAEL A MARCHETTI Attorney ROY E BARNES added to party CAMMY D MARCHETTI(pty:pla), Attorney ROY E BARNES added to party MICHAEL A MARCHETTI(pty:pla) (BARNES, ROY) |
Filing 22 SUMMONS Returned Executed by CAMMY D MARCHETTI, MICHAEL A MARCHETTI as to IMERYS TALC AMERICA INC. (CHEELEY, ROBERT) |
NOTICE TO COUNSEL SCOTT A. JAMES, and KATHLEEN FRAZIER - Counsel is notified that they do not show in the court records that they meet the required attorney admissions policies of this court. If within 14 days of this notice all requirements, including the payment of Pro Hac Vice admissions fees, have not been met, a show cause hearing may be scheduled. (tlf). |
Filing 21 ANSWER to #9 Amended Complaint, by JOHNSON & JOHNSON, JOHNSON & JOHNSON CONSUMER COMPANIES INC, JOHNSON & JOHNSON CONSUMER INC, JOHNSON & JOHNSON CONSUMER PRODUCTS COMPANY.(Martinez, Zoe) |
Filing 20 MOTION to Dismiss Plaintiffs' Claims of Fraud (Fraudulent Concealment), Conspiracy, Defective and Negligent Manufacturing, Breach of Implied Warranty, and Georgia Fair Business Practices Act Violations, and All Claims Against Johnson & Johnson Consumer Products Company by JOHNSON & JOHNSON, JOHNSON & JOHNSON CONSUMER COMPANIES INC, JOHNSON & JOHNSON CONSUMER INC, JOHNSON & JOHNSON CONSUMER PRODUCTS COMPANY filed by Zoe Ileana Martinez. (Attachments: #1 Memorandum in Support)(Martinez, Zoe) |
Filing 19 SUMMONS Returned Executed by CAMMY D MARCHETTI, MICHAEL A MARCHETTI as to JOHNSON & JOHNSON CONSUMER PRODUCTS COMPANY. (CHEELEY, ROBERT) |
Filing 18 SUMMONS Returned Executed by CAMMY D MARCHETTI, MICHAEL A MARCHETTI as to JOHNSON & JOHNSON CONSUMER INC. (CHEELEY, ROBERT) |
Filing 17 SUMMONS Returned Executed by CAMMY D MARCHETTI, MICHAEL A MARCHETTI as to JOHNSON & JOHNSON CONSUMER COMPANIES INC. (CHEELEY, ROBERT) |
Filing 16 SUMMONS Returned Executed by CAMMY D MARCHETTI, MICHAEL A MARCHETTI as to JOHNSON & JOHNSON. (CHEELEY, ROBERT) |
Filing 15 SUMMONS Returned Executed by CAMMY D MARCHETTI, MICHAEL A MARCHETTI as to IMERYS TALC AMERICA INC. (CHEELEY, ROBERT) |
Filing 14 SUMMONS Returned Executed by CAMMY D MARCHETTI, MICHAEL A MARCHETTI as to JOHNSON & JOHNSON. (CHEELEY, ROBERT) |
Filing 13 SUMMONS Returned Executed by CAMMY D MARCHETTI, MICHAEL A MARCHETTI as to JOHNSON & JOHNSON CONSUMER PRODUCTS COMPANY. (CHEELEY, ROBERT) |
Filing 12 SUMMONS Returned Executed by CAMMY D MARCHETTI, MICHAEL A MARCHETTI as to JOHNSON & JOHNSON CONSUMER COMPANIES INC. (CHEELEY, ROBERT) |
Filing 11 SUMMONS Returned Executed by CAMMY D MARCHETTI, MICHAEL A MARCHETTI as to JOHNSON & JOHNSON CONSUMER INC. (CHEELEY, ROBERT) |
Filing 10 Summons issued as to IMERYS TALC AMERICA, INC. (tlf). |
Filing 9 AMENDED COMPLAINT against JOHNSON & JOHNSON, JOHNSON & JOHNSON CONSUMER COMPANIES INC, JOHNSON & JOHNSON CONSUMER INC, JOHNSON & JOHNSON CONSUMER PRODUCTS COMPANY, Imerys by CAMMY D MARCHETTI, MICHAEL A MARCHETTI (Attachments: #1 Summons Proposed Summons)(CHEELEY, ROBERT) |
Filing 8 Summons issued as to JOHNSON & JOHNSON CONSUMER PRODUCTS COMPANY (tlf). |
Filing 7 Summons issued as to JOHNSON & JOHNSON CONSUMER COMPANIES, INC. (tlf). |
Filing 6 Summons issued as to JOHNSON & JOHNSON (tlf). |
Filing 5 Summons issued as to Johnson & Johnson Consumer Products Company (tlf). |
Filing 4 Summons issued as to Johnson & Johnson Consumer, Inc. (tlf). |
Filing 3 Summons issued as to Johnson & Johnson Consumer Companies, Inc. (tlf). |
Filing 2 Summons issued as to Johnson & Johnson (tlf). |
Filing 1 COMPLAINT against All Plaintiffs Fee paid: Receipt # 113G-2357823, $400 filed by All Plaintiffs (CHEELEY, ROBERT) (Additional attachment(s) added on 6/30/2016: #1 Civil Cover Sheet) (tlf). |
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