SM MEDICAL HOLDINGS CORPORATION v. CHRISTIAN BROTHERS SERVICES et al
| SM MEDICAL HOLDINGS CORPORATION |
| INTERNATIONAL BENEFITS ADMINISTRATION, NATIONAL GENERAL INSURANCE, FRATES BENEFITS ADMINISTRATORS, HOCHHEIM PRAIRIE INSURANCE, GREAT AMERICAN INSURANCE COMPANY, HEALTHSCOPE BENEFITS, FRED LOYA INSURANCE, UHA HEALTH INSURANCE, GROUP AND PENSION ADMINISTRATORS, INC., CONSUMER COUNTY MUTUAL INSURANCE COMPANY, CHRISTIAN BROTHERS SERVICES, GOVERNMENT EMPLOYEES HEALTH ASSOCIATION, INC., HEALTHCOMP, LLC, COMMUNITY HEALTH CHOICE, GEICO, KAISER FOUNDATION HEALTH PLAN, INC., LIFESTYLES HEALTH PLANS, NATIONWIDE, CONTINENTAL BENEFITS, KEENAN & ASSOCIATES, GALLAGHER BASSETT SERVICES, INC., SENDERO HEALTH PLANS, CHRISTUS HEALTH PLAN, HEALTHSMART BENEFITS MANAGEMENTS, HEALTH PARTNERS OF MINNESOTA and Medova Health Care Financial Group, LLC |
| 3:2020cv10801 |
| August 19, 2020 |
| US District Court for the District of New Jersey |
| Tonianne J Bongiovanni |
| Freda L Wolfson |
| Insurance |
| 28 U.S.C. § 1441 |
| Defendant |
Docket Report
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| Case transferred from New Jersey has been opened in SOUTHERN DISTRICT OF TEXAS as case 4:21-cv-00275, filed 01/28/2021. (dm ) |
Filing 71
ORDER transferring case to USDC for the Southern District of Texas. Moving Defendants' various motions to dismiss and/or transfer this matter (ECF Nos. #3 , #5 , #7 , #14 , #24 ) are all denied without prejudice; Plaintiff's motion to remand (ECF No. #9 ) is denied; and Plaintiff's motions for default judgment against Defaulting Defendants (ECF Nos. #55 , #56 ) are denied without prejudice. Signed by Chief Judge Freda L. Wolfson on 1/27/2021. (jdb)
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| ***Civil Case Terminated. (jdb) |
| Case extracted via ECF to the Southern District of Texas. (jjc, ) |
| Filing 70 STIPULATION of Dismissal as to International Benefits Administration by SM MEDICAL HOLDINGS CORPORATION. (MITNICK, STEVEN) |
| Filing 69 STIPULATION of Dismissal as to Gallagher Bassett Services Inc. by SM MEDICAL HOLDINGS CORPORATION. (MITNICK, STEVEN) |
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Filing 68
LETTER ORDER withdrawing #64 MOTION for Default Judgment as to Defendant, International Benefits Administration. Signed by Magistrate Judge Tonianne J. Bongiovanni on 1/21/2021. (jdb)
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| Filing 67 MOTION to Withdraw motion to enter default judgment by All Plaintiffs. (MITNICK, STEVEN) |
| Set Deadlines as to #67 MOTION to Withdraw motion to enter default judgment. Motion set for 2/16/2021 before Magistrate Judge Tonianne J. Bongiovanni. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mg) |
| Filing 66 MOTION for Default Judgment as to Keenan & Associates by SM MEDICAL HOLDINGS CORPORATION. Responses due by 1/19/2021 (Attachments: #1 Affidavit, #2 Text of Proposed Order)(MITNICK, STEVEN) |
| Filing 65 MOTION for Default Judgment as to Sendero Health Plans by SM MEDICAL HOLDINGS CORPORATION. Responses due by 1/19/2021 (Attachments: #1 Affidavit, #2 Text of Proposed Order)(MITNICK, STEVEN) |
| Filing 64 MOTION for Default Judgment as to Defendant, International Benefits Administration by SM MEDICAL HOLDINGS CORPORATION. Responses due by 1/19/2021 (Attachments: #1 Affidavit, #2 Text of Proposed Order)(MITNICK, STEVEN) |
| Set Deadlines as to #65 MOTION for Default Judgment as to Sendero Health Plans, #64 MOTION for Default Judgment as to Defendant, International Benefits Administration, #66 MOTION for Default Judgment as to Keenan & Associates. Motion set for 2/1/2021 before Chief Judge Freda L. Wolfson. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mg) |
| Filing 63 Clerk's ENTRY OF DEFAULT as to KEENAN AND ASSOCIATES, SENDERO HEALTH PLANS, INTERNATIONAL BENEFITS ASSOCIATION for failure to plead or otherwise defend. (mg) |
| Filing 62 Request for Default by SM MEDICAL HOLDINGS CORPORATION against Sendero Health Plans. (Attachments: #1 Certification)(MITNICK, STEVEN) |
| Filing 61 Request for Default by SM MEDICAL HOLDINGS CORPORATION against International Benefits Association. (Attachments: #1 Certification)(MITNICK, STEVEN) |
| Filing 60 Request for Default by SM MEDICAL HOLDINGS CORPORATION against Keenan and Associates. (Attachments: #1 Certification)(MITNICK, STEVEN) |
| Filing 59 CERTIFICATE OF SERVICE by SM MEDICAL HOLDINGS CORPORATION as to Defendant, Sendero Health Plans, only (MITNICK, STEVEN) |
| Filing 58 CERTIFICATE OF SERVICE by SM MEDICAL HOLDINGS CORPORATION as to Defendant, International Benefits Administration, only (MITNICK, STEVEN) |
| Filing 57 CERTIFICATE OF SERVICE by SM MEDICAL HOLDINGS CORPORATION as to Defendant, Keenan & Associates only (MITNICK, STEVEN) |
| Filing 56 Letter re #55 Status Conference. (MITNICK, STEVEN) |
| Filing 55 Minute Entry for proceedings held before Chief Judge Freda L. Wolfson: Status Conference held via zoom on 12/8/2020. (Court Reporter/Recorder Carol Farrell.) (jmm, ) |
| Filing 54 STIPULATION of Dismissal with Prejudice as to Defendant, Health Partners of Minnesota, only by SM MEDICAL HOLDINGS CORPORATION. (MITNICK, STEVEN) |
| Filing 53 STIPULATION of Dismissal with Prejudice as to Defendant, National General Insurance, only by SM MEDICAL HOLDINGS CORPORATION. (MITNICK, STEVEN) |
| Filing 52 STIPULATION of Dismissal with Prejudice as to Defendant, Great American Insurance Company, only by SM MEDICAL HOLDINGS CORPORATION. (MITNICK, STEVEN) |
| Filing 51 AMENDED ANSWER to to Plaintiff's Complaint, Answer to all Crossclaims #34 Answer to Complaint,,,, Crossclaim,,, by CONTINENTAL BENEFITS. (PICKLES, JOYCE) |
| Filing 50 DEFENDANT, CONTINENTAL BENEFITS, LLC's ANSWER TO PLAINTIFFS COMPLAINT ANSWER to Crossclaim , ANSWER to Crossclaim by CONTINENTAL BENEFITS.(PICKLES, JOYCE) |
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Filing 49
STIPULATION AND ORDER extending time to answer as to Defendant, HEALTH PARTNERS OF MINNESOTA, until 12/01/2020. Signed by Magistrate Judge Tonianne J. Bongiovanni on 10/29/2020. (jdb)
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| Filing 48 STIPULATION Extending Time to Answer by HEALTH PARTNERS OF MINNESOTA. (SCHWARTZ, JOSEPH) |
| Filing 47 Application and Proposed Order for Clerk's Order to extend time to answer as to CONTINENTAL BENEFITS.. (PICKLES, JOYCE) |
| Filing 46 NOTICE of Appearance by JOYCE S. PICKLES on behalf of CONTINENTAL BENEFITS (PICKLES, JOYCE) |
| CLERK'S TEXT ORDER - The Application for Clerk's Order Extending Time to Answer document #47 submitted by CONTINENTAL BENEFITS on 10/28/2020 has been GRANTED. The answer due date has been set for 11/16/2020. (mg) |
| Filing 45 REPLY to Response to Motion filed by Medova Health Care Financial Group, LLC re #32 MOTION to Dismiss (NAGI, JASON) |
| Filing 44 REPLY BRIEF to Opposition to Motion filed by HEALTHCOMP, LLC re #14 MOTION to Dismiss (HANAN, MICHAEL) |
| Filing 43 RESPONSE in Support filed by KAISER FOUNDATION HEALTH PLAN, INC. re #24 MOTION to Dismiss for Lack of Jurisdiction (TIMONEY, PATRICK) |
| Filing 42 NOTICE of Appearance by JOSEPH L. SCHWARTZ on behalf of HEALTH PARTNERS OF MINNESOTA (SCHWARTZ, JOSEPH) |
| Filing 41 STIPULATION of Dismissal with Prejudice as to Defendant, Nationwide, only by SM MEDICAL HOLDINGS CORPORATION. (MITNICK, STEVEN) |
| Filing 40 STIPULATION of Dismissal with Prejudice as to Defendant, Geico, only by SM MEDICAL HOLDINGS CORPORATION. (MITNICK, STEVEN) |
| CLERK'S QUALITY CONTROL MESSAGE - The STIPULATION of Dismissal documents #39 & #40 submitted by Steven Mitnick on 10/6/2020 and 10/8/2020 appear to be duplicates. These submissions will remain on the docket unless otherwise ordered by the court. This message is for informational purposes only. (mg) |
| Filing 39 STIPULATION of Dismissal as to Defendant, Geico, only by SM MEDICAL HOLDINGS CORPORATION. (MITNICK, STEVEN) |
| Filing 38 MEMORANDUM in Opposition filed by SM MEDICAL HOLDINGS CORPORATION re #14 MOTION to Dismiss (Attachments: #1 Declaration)(MITNICK, STEVEN) |
| Filing 37 BRIEF in Opposition filed by SM MEDICAL HOLDINGS CORPORATION re #24 MOTION to Dismiss for Lack of Jurisdiction (Attachments: #1 Declaration)(MITNICK, STEVEN) |
| Filing 36 MEMORANDUM in Opposition filed by SM MEDICAL HOLDINGS CORPORATION re #32 MOTION to Dismiss (Attachments: #1 Declaration)(MITNICK, STEVEN) |
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Filing 35
LETTER ORDER granting Defendant's request to serve and file a responsive pleading to the Plaintiff's Complaint on or before 10/26/2020. Signed by Magistrate Judge Tonianne J. Bongiovanni on 10/05/2020. (jdb)
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| Filing 34 National General Insurance Company's ANSWER to Complaint with JURY DEMAND Answer to All Crossclaims, Demand for Trial By Jury, Designation of Trial Counsel, CROSSCLAIM for Indemnification against CHRISTIAN BROTHERS SERVICES, COMMUNITY HEALTH CHOICE, CONSUMER COUNTY MUTUAL INSURANCE COMPANY, CONTINENTAL BENEFITS, FRATES BENEFITS ADMINISTRATORS, GALLAGHER BASSETT SERVICES, INC., GEICO, GREAT AMERICAN INSURANCE COMPANY, GROUP AND PENSION ADMINISTRATORS, INC., HEALTH PARTNERS OF MINNESOTA, HEALTHCOMP, LLC, HOCHHEIM PRAIRIE INSURANCE, INTERNATIONAL BENEFITS ADMINISTRATION, KAISER FOUNDATION HEALTH PLAN, INC., KEENAN & ASSOCIATES, LIFESTYLES HEALTH PLANS, Medova Health Care Financial Group, LLC, NATIONWIDE, SENDERO HEALTH PLANS, UHA HEALTH INSURANCE by NATIONAL GENERAL INSURANCE.(DELANO, MARIO) |
| Filing 33 ANSWER to Complaint with JURY DEMAND , CROSSCLAIM against All Defendants by CONSUMER COUNTY MUTUAL INSURANCE COMPANY.(MOURTZANAKIS, MICHAEL) |
| Set Deadlines as to #32 MOTION to Dismiss . Motion set for 10/19/2020 before Chief Judge Freda L. Wolfson. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mg) |
| Filing 32 MOTION to Dismiss by Medova Health Care Financial Group, LLC. Responses due by 10/5/2020 (Attachments: #1 Memorandum of Law in Support of Motion to Dimiss, #2 Text of Proposed Order)(NAGI, JASON) |
| Filing 31 NOTICE of Appearance by JASON A. NAGI on behalf of Medova Health Care Financial Group, LLC (NAGI, JASON) |
| Filing 30 STIPULATION of Dismissal with Prejudice as to Defendant, Healthsmart Benefits Management, LLC by SM MEDICAL HOLDINGS CORPORATION. (MITNICK, STEVEN) |
| Filing 29 STIPULATION of Dismissal without Prejudice as to Defendant, Christus Health Plan by SM MEDICAL HOLDINGS CORPORATION. (MITNICK, STEVEN) |
| Filing 28 STIPULATION of Dismissal with Prejudice as to Defendant, Healthscope Benefits by SM MEDICAL HOLDINGS CORPORATION. (MITNICK, STEVEN) |
| Filing 27 STIPULATION of Dismissal with Prejudice as to Defendant, Government Employees Health Association, Inc. a/k/a GEHA by SM MEDICAL HOLDINGS CORPORATION. (MITNICK, STEVEN) |
| Filing 26 STIPULATION of Dismissal without Prejudice as to Defendant, Fred Loya Insurance by SM MEDICAL HOLDINGS CORPORATION. (MITNICK, STEVEN) |
| Filing 25 BRIEF in Opposition filed by COMMUNITY HEALTH CHOICE re #9 Cross MOTION to Remand PURSUANT TO 28 U.S.C. 1446 (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(HARRINGTON, ROGER) |
| Filing 24 MOTION to Dismiss for Lack of Jurisdiction by KAISER FOUNDATION HEALTH PLAN, INC.. Responses due by 10/19/2020 (Attachments: #1 Brief Brief in Support of Motion to Dismiss, #2 Text of Proposed Order Proposed Order)(TIMONEY, PATRICK) |
| Filing 23 REPLY BRIEF to Opposition to Motion filed by SM MEDICAL HOLDINGS CORPORATION re #7 MOTION to Dismiss for Lack of Jurisdiction (Attachments: #1 Declaration)(MITNICK, STEVEN) |
| Set Deadlines as to #24 MOTION to Dismiss for Lack of Jurisdiction . Motion set for 10/19/2020 before Chief Judge Freda L. Wolfson. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mg) |
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Filing 22
STIPULATION AND ORDER extending time to answer as to Defendant NATIONAL GENERAL INSURANCE COMPANY for a period of 30 days. Signed by Magistrate Judge Tonianne J. Bongiovanni on 09/17/2020. (jdb)
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| Filing 21 STIPULATION Extending Time to Answer as to Defendant National General Insurance Company by NATIONAL GENERAL INSURANCE. (DELANO, MARIO) |
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Filing 20
STIPULATION AND ORDER extending time for Defendant KAISER FOUNDATION HEALTH PLAN, INC. to respond to the Complaint until 10/26/2020. Signed by Magistrate Judge Tonianne J. Bongiovanni on 09/16/2020. (jdb)
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| Filing 19 STIPULATION Extending Time to Answer Complaint by KAISER FOUNDATION HEALTH PLAN, INC.. (TIMONEY, PATRICK) |
| Filing 18 Application and Proposed Order for Clerk's Order to extend time to answer as to National General Insurance Company.. (DELANO, MARIO) |
| Clerk's Text Order- The Application for Clerk's Order to Ext Answer/Proposed Order document #18 submitted by NATIONAL GENERAL INSURANCE on 9/15/2020 has been DENIED due to it is beyond the scope of what the Clerk can grant. This request has been forwarded to Chambers. (mg) |
| CLERK'S QUALITY CONTROL MESSAGE - Please review the Application for Clerk Order to Ext Answer/Proposed Order attached to docket entry #15 submitted by M. DELANO on 9/14/2020. If this document was attached in error, PLEASE RESUBMIT THE CORRECT DOCUMENT. This submission will remain on the docket unless otherwise ordered by the court. (mg) |
| Set Deadlines as to #14 MOTION to Dismiss . Motion set for 10/19/2020 before Chief Judge Freda L. Wolfson. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mg) |
| Filing 17 RESPONSE in Support filed by COMMUNITY HEALTH CHOICE re #4 MOTION to Sever (Attachments: #1 Certificate of Service)(HARRINGTON, ROGER) |
| Filing 16 RESPONSE in Support filed by COMMUNITY HEALTH CHOICE re #3 MOTION to Dismiss or, alternatively, Motion to Transfer (Attachments: #1 Certification Affidavit, #2 Certificate of Service)(HARRINGTON, ROGER) |
| Filing 15 Application and Proposed Order for Clerk's Order to extend time to answer as to National General Ins. Co.. Attorney MARIO J. DELANO for NATIONAL GENERAL INSURANCE added. (DELANO, MARIO) |
| Filing 14 MOTION to Dismiss by HEALTHCOMP, LLC. (Attachments: #1 Brief, #2 Declaration, #3 Text of Proposed Order)(HANAN, MICHAEL) |
| Filing 13 RESPONSE in Opposition filed by SM MEDICAL HOLDINGS CORPORATION re #5 MOTION to Dismiss for Lack of Jurisdiction (Attachments: #1 Declaration, #2 Certificate of Service)(MITNICK, STEVEN) |
| Filing 12 RESPONSE in Opposition filed by SM MEDICAL HOLDINGS CORPORATION re #4 MOTION to Sever (Attachments: #1 Declaration, #2 Certificate of Service)(MITNICK, STEVEN) |
| Filing 11 CERTIFICATE OF SERVICE by SM MEDICAL HOLDINGS CORPORATION re #10 Response in Opposition to Motion (MITNICK, STEVEN) |
| Filing 10 RESPONSE in Opposition filed by SM MEDICAL HOLDINGS CORPORATION re #3 MOTION to Dismiss (Attachments: #1 Declaration)(MITNICK, STEVEN) |
| Filing 9 Cross MOTION to Remand PURSUANT TO 28 U.S.C. 1446 by SM MEDICAL HOLDINGS CORPORATION. (Attachments: #1 Brief, #2 Declaration, #3 Text of Proposed Order)(MITNICK, STEVEN) |
| Set Deadlines as to #9 Cross MOTION to Remand PURSUANT TO 28 U.S.C. 1446. Motion set for 10/5/2020 before Chief Judge Freda L. Wolfson. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mg) |
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Filing 8
TEXT ORDER- The Initial rule 16 conference scheduled for October 5, 2020 before Magistrate Judge Tonianne J. Bongiovanni is adjourned with no new date. Parties are to notify the Court upon decision of the pending motion to dismiss. So Ordered by Magistrate Judge Tonianne J. Bongiovanni.(mm)
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| Set Deadlines as to #7 MOTION to Dismiss for Lack of Jurisdiction . Motion set for 10/5/2020 before Chief Judge Freda L. Wolfson. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jdb) |
| Filing 7 MOTION to Dismiss for Lack of Jurisdiction by FRATES BENEFITS ADMINISTRATORS. Responses due by 9/21/2020 (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Brief, #4 Text of Proposed Order)(MARRONE, MATTHEW) |
| Filing 6 NOTICE of Appearance by SAMUEL J. THOMAS on behalf of GALLAGHER BASSETT SERVICES, INC. (Attachments: #1 Certification Certificate of Service)(THOMAS, SAMUEL) |
| Set Deadlines as to #5 MOTION to Dismiss for Lack of Jurisdiction . Motion set for 9/21/2020 before Chief Judge Freda L. Wolfson. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jdb) |
| Filing 5 MOTION to Dismiss for Lack of Jurisdiction by GROUP AND PENSION ADMINISTRATORS, INC.. Responses due by 9/8/2020 (TIMONEY, PATRICK) |
| Filing 4 MOTION to Sever by COMMUNITY HEALTH CHOICE. (Attachments: #1 Brief Mmemorandum, #2 Text of Proposed Order Proposed Order, #3 Certificate of Service)(HARRINGTON, ROGER) |
| Filing 3 MOTION to Dismiss by COMMUNITY HEALTH CHOICE. Responses due by 9/8/2020 (Attachments: #1 Brief Memorandum, #2 Text of Proposed Order Proposed Order, #3 Certificate of Service)(HARRINGTON, ROGER) |
| Set Deadlines as to #3 MOTION to Dismiss , #4 MOTION to Sever . Motion set for 9/21/2020 before Chief Judge Freda L. Wolfson. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jdb) |
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Filing 2
ORDER SCHEDULING CONFERENCE: Scheduling Conference set for 10/5/2020 02:00 PM in Trenton - Courtroom 6E before Magistrate Judge Tonianne J. Bongiovanni. Signed by Magistrate Judge Tonianne J. Bongiovanni on 08/19/2020. (jdb)
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| Filing 1 NOTICE OF REMOVAL by community health choice from Superior Court of New Jersey (Hunterdon County, Law Division), case number L-239-20. ( Filing and Admin fee $ 400 receipt number ANJDC-11230209), filed by community health choice. (Attachments: #1 Civil Cover Sheet, #2 Certificate of Service, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Index N, #17 Exhibit O, #18 Exhibit P, #19 Exhibit Q, #20 Exhibit R, #21 Exhibit S, #22 Exhibit T, #23 Exhibit U, #24 Exhibit V, #25 Exhibit W, #26 Exhibit X, #27 Exhibit Y)(HARRINGTON, ROGER) |
| CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: Party Information Should be entered in ALL CAPS . The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (eaj) |
| Chief Judge Freda L. Wolfson and Magistrate Judge Tonianne J. Bongiovanni added. (abr, ) |
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