Caffeinate Labs, Inc. v. Vante Inc. et al
Caffeinate Labs, Inc. |
Alexander Shlaferman and Vante Inc. |
1:2017cv07252 |
December 12, 2017 |
U.S. District Court for the Eastern District of New York |
Brooklyn Office |
Frederic Block |
James Orenstein |
Patent |
15 U.S.C. § 1126 Patent Infringement |
Both |
Docket Report
This docket was last retrieved on January 23, 2018. A more recent docket listing may be available from PACER.
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Filing 76 Minute Entry for proceedings held before Magistrate Judge James Orenstein:Status Conference held on 1/23/2018. SCHEDULING: The next status conference will be held on February 26, 2018, at 10:00 a.m. SUMMARY: I explained to defendant Shlaferman that while he can represent himself, the corporate defendant cannot. On consent, I granted the defendants' request for 30 days to secure new counsel, and deferred ruling on current counsel's motion for leave to withdraw. Any new counsel representing the defendants must promptly file a notice of appearance and appear in person at the next conference scheduled above. If no new counsel files a notice of appearance, defendant Shlaferman must appear in person at the next conference; Mr. Stockton may again appear by telephone. (Orenstein, James) |
Filing 75 Motion to Appear by Telephone by Alexander Shlaferman, Vante Inc.. (Stockton, Richard) |
Filing 74 NOTICE of Appearance by Richard S. Stockton on behalf of Alexander Shlaferman, Vante Inc. (notification declined or already on case) (Stockton, Richard) |
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Filing 73 MOTION for Reconsideration Motion for Leave to Appear Pro Hac Vice Docket No. #67 by Alexander Shlaferman, Vante Inc.. (Attachments: #1 Affidavit) (Stockton, Richard) |
Filing 72 STATUS REPORT Plaintiff's Letter on Status of the Case by Caffeinate Labs, Inc. (McInnes, John) |
Filing 71 REPLY in Opposition re #68 MOTION to Withdraw as Attorney for Defendants filed by Caffeinate Labs, Inc.. (McInnes, John) |
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Filing 69 Motion to Appear by Telephone by Alexander Shlaferman, Vante Inc.. (Stockton, Richard) |
Filing 68 MOTION to Withdraw as Attorney for Defendants by Alexander Shlaferman, Vante Inc.. (Stockton, Richard) |
Filing 67 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10126337. by Alexander Shlaferman, Vante Inc.. (Attachments: #1 Notice of Motion to Admit Counsel Pro Hac Vice, #2 Affidavit of Richard Stockton in Support of Motion to Admit Counsel Pro Hac Vice) (Stockton, Richard) |
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Filing 66 NOTICE of Appearance by Ashley B. Brandin on behalf of Caffeinate Labs, Inc. (notification declined or already on case) (Brandin, Ashley) |
Filing 65 NOTICE of Appearance by John T. McInnes on behalf of Caffeinate Labs, Inc. (notification declined or already on case) (McInnes, John) |
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Filing 64 MOTION for Leave to Appear Pro Hac Vice of John T. McInnes Filing fee $ 150, receipt number 0207-10066082. by Caffeinate Labs, Inc.. (Attachments: #1 Notice of Motion PHV of John T. McInnes, #2 Affidavit in Support of PHV Motion of John T. McInnes) (McInnes, John) |
Filing 63 MOTION for Leave to Appear Pro Hac Vice of Ashley B. Brandin Filing fee $ 150, receipt number 0207-10066012. by Caffeinate Labs, Inc.. (Attachments: #1 Notice of Motion PHV of Ashley B. Brandin, #2 Affidavit in Support of PHV Motion of Ashley B. Brandin) (Brandin, Ashley) |
Filing 62 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) |
Filing 61 Case transferred in from District of Massachusetts; Case Number 1:16-cv-12480. Original file certified copy of transfer order and docket sheet received. |
The case of Caffeinate Labs, Inc. v. Vante Inc. et al, has been transferred from District of Massachusetts to the Eastern District of New York. The new case number is 17-cv-7252. PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (Davis, Kimberly) |
Filing 60 Judge George A. O'Toole, Jr: ELECTRONIC ORDER entered. In light of the Federal Circuit's recent ruling In Re Mircon Technology, Inc., this Court finds that the defendants did not waive their right to challenge venue and timely moved after the decision in TC Heartland LLC v. Kraft Foods Group Brands LLC, 137 S. Ct. 1514 (2017). Although given the opportunity, the plaintiff has not identified any other action the defendants took to forfeit their right to object to venue. Finally, because this case is primarily one alleging patent infringement the patent venue rules will be applied, and so this Court will not apply the doctrine of pendent venue for the plaintiff's Langham Act claim. As a result of the foregoing, the defendants' #45 Motion to Transfer Venue is GRANTED, and the case is transferred to the United States District Court for the Eastern District of New York, where venue is proper. (Halley, Taylor) Modified on 12/12/2017 (Halley, Taylor). [Transferred from Massachusetts on 12/13/2017.] |
Filing 59 Judge George A. O'Toole, Jr: ELECTRONIC ORDER entered. If plaintiff wishes to address the applicability of the United States Court of Appeals for the Federal Circuit's recent ruling In Re: Mircon Technology, Inc. to the defendants' Motion to Transfer Venue pending before this Court, it should do so by 12/8/17. (Halley, Taylor) [Transferred from Massachusetts on 12/13/2017.] |
Filing 58 NOTICE by Alexander Shlaferman, Vante Inc. of Order (Attachments: #1 Exhibit 1)(Stockton, Richard) [Transferred from Massachusetts on 12/13/2017.] |
Filing 57 Judge George A. O'Toole, Jr: ORDER entered granting #56 Motion for Stipulation of Confidentiality and Protective Order (Halley, Taylor) [Transferred from Massachusetts on 12/13/2017.] |
Filing 56 Joint MOTION for Protective Order by Caffeinate Labs, Inc.. (Attachments: #1 Text of Proposed Order)(McInnes, John) [Transferred from Massachusetts on 12/13/2017.] |
Filing 55 NOTICE by Alexander Shlaferman, Vante Inc. of Order (Attachments: #1 Exhibit 1)(Stockton, Richard) [Transferred from Massachusetts on 12/13/2017.] |
Filing 54 NOTICE of Withdrawal of Appearance by Anne-Marie Dinius (Dinius, Anne-Marie) [Transferred from Massachusetts on 12/13/2017.] |
Filing 53 SUR-REPLY to Motion re #45 MOTION to Transfer Case to Eastern District of New York. filed by Caffeinate Labs, Inc.. (McInnes, John) [Transferred from Massachusetts on 12/13/2017.] |
Filing 52 Judge George A. O'Toole, Jr: ELECTRONIC ORDER entered granting #51 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Halley, Taylor) [Transferred from Massachusetts on 12/13/2017.] |
Filing 51 MOTION for Leave to File a Sur-Reply to Defendant's Reply to Plaintiff's Opposition to Defendants'Motion to Transfer Venue by Caffeinate Labs, Inc.. (Attachments: #1 Plaintiff's Sur-Reply to Defendants' Motion to Transfer Venue)(McInnes, John) [Transferred from Massachusetts on 12/13/2017.] |
Filing 50 REPLY to Response to #45 MOTION to Transfer Case to Eastern District of New York. filed by Alexander Shlaferman, Vante Inc.. (Stockton, Richard) [Transferred from Massachusetts on 12/13/2017.] |
Filing 49 Judge George A. O'Toole, Jr: ELECTRONIC ORDER entered granting #48 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Halley, Taylor) [Transferred from Massachusetts on 12/13/2017.] |
Filing 48 MOTION for Leave to File A REPLY TO PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO TRANSFER VENUE by Alexander Shlaferman, Vante Inc.. (Attachments: #1 DEFENDANTS REPLY IN SUPPORT OF MOTION TO TRANSFER)(Stockton, Richard) [Transferred from Massachusetts on 12/13/2017.] |
Filing 47 Opposition re #45 MOTION to Transfer Case to Eastern District of New York. filed by Caffeinate Labs, Inc.. (Attachments: #1 Affidavit)(Dinius, Anne-Marie) [Transferred from Massachusetts on 12/13/2017.] |
Filing 46 MEMORANDUM in Support re #45 MOTION to Transfer Case to Eastern District of New York. filed by Alexander Shlaferman, Vante Inc.. (Attachments: #1 Declaration of Alexander Shlaferman)(Stockton, Richard) [Transferred from Massachusetts on 12/13/2017.] |
Filing 45 MOTION to Transfer Case to Eastern District of New York. by Alexander Shlaferman, Vante Inc.. (Attachments: #1 Text of Proposed Order)(Stockton, Richard) [Transferred from Massachusetts on 12/13/2017.] |
Filing 44 DEFENDANTS' ANSWER to #15 Amended Complaint, (FIRST) by Alexander Shlaferman, Vante Inc..(Stockton, Richard) [Transferred from Massachusetts on 12/13/2017.] |
Filing 43 Preliminary Disclosure of the Claims Infringed by Caffeinate Labs, Inc.. (Attachments: #1 Exhibit Exhibit A)(Dinius, Anne-Marie) [Transferred from Massachusetts on 12/13/2017.] |
Filing 42 Judge George A. O'Toole, Jr: OPINION AND ORDER entered finding as moot #19 Motion to Dismiss for Failure to State a Claim; granting #34 Motion to Dismiss ; Denying [35-4] defendant's Motion for Sanctions. (Halley, Taylor) [Transferred from Massachusetts on 12/13/2017.] |
Filing 41 NOTICE of Withdrawal of Appearance by Jonathan Braverman with Certificate of Service (Braverman, Jonathan) [Transferred from Massachusetts on 12/13/2017.] |
Filing 40 NOTICE of Appearance by John T. McInnes on behalf of Caffeinate Labs, Inc. (McInnes, John) [Transferred from Massachusetts on 12/13/2017.] |
Filing 39 NOTICE of Appearance by Jodi-Ann McLane on behalf of Caffeinate Labs, Inc. (McLane, Jodi-Ann) [Transferred from Massachusetts on 12/13/2017.] |
Filing 38 REPLY to Response to #34 MOTION to Dismiss Design Patent Infringement Claim with Prejudice filed by Caffeinate Labs, Inc.. (Attachments: #1 Reply Brief, #2 Affidavit, #3 Exhibit, #4 Exhibit)(Dinius, Anne-Marie) [Transferred from Massachusetts on 12/13/2017.] |
Filing 37 NOTICE of Appearance by Anne-Marie Dinius on behalf of Caffeinate Labs, Inc. (Dinius, Anne-Marie) [Transferred from Massachusetts on 12/13/2017.] |
Filing 36 NOTICE of Appearance by Anne-Marie Dinius on behalf of Caffeinate Labs, Inc. (Dinius, Anne-Marie) [Transferred from Massachusetts on 12/13/2017.] |
Filing 35 RESPONSE to Motion re #34 MOTION to Dismiss Design Patent Infringement Claim with Prejudice filed by Alexander Shlaferman, Vante Inc.. (Attachments: #1 Declaration of Stockton, #2 Exhibit A - correspondence with counsel, #3 Exhibit B - redline complaint, #4 Exhibit C - motion for sanctions, #5 Exhibit D - transcript of scheduling conference)(Stockton, Richard) [Transferred from Massachusetts on 12/13/2017.] |
Filing 34 MOTION to Dismiss Design Patent Infringement Claim with Prejudice by Caffeinate Labs, Inc.. (Attachments: #1 Affidavit Dinius Decl ISO Motion, #2 Exhibit Ex. A Dinius Decl., #3 Exhibit Ex. B Dinius Decl., #4 Exhibit Ex. C Dinius Decl., #5 Memo ISO Motion to Allow Dismissal of Design Patent Infringement Claim with Prejudice, #6 Proposed Order)(Dinius, Anne-Marie) [Transferred from Massachusetts on 12/13/2017.] |
Filing 33 Judge George A. OToole, Jr: ELECTRONIC ORDER entered granting #32 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Halley, Taylor) [Transferred from Massachusetts on 12/13/2017.] |
Filing 32 Assented to MOTION for Leave to File Sur-Reply by Caffeinate Labs, Inc..(Dinius, Anne-Marie) [Transferred from Massachusetts on 12/13/2017.] |
Filing 31 RESPONSE TO COURT ORDER by Alexander Shlaferman, Vante Inc. re #26 Opposition to Motion . (Attachments: #1 Reply Brief to Dkt. No. 26)(Linek, Ernest) [Transferred from Massachusetts on 12/13/2017.] |
Filing 30 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) [Transferred from Massachusetts on 12/13/2017.] |
Filing 29 Transcript of Scheduling Conference held on March 20, 2017, before Judge George A. OToole. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Marcia Patrisso at m.patrisso@outlook.com Redaction Request due 4/13/2017. Redacted Transcript Deadline set for 4/24/2017. Release of Transcript Restriction set for 6/21/2017. (Scalfani, Deborah) [Transferred from Massachusetts on 12/13/2017.] |
Filing 28 Electronic Clerk's Notes for proceedings held before Judge George A. OToole, Jr: Scheduling Conference held on 3/20/2017. Exchange initial disclosures by 4/3/17; Discovery commences on 6/12/17 or 7 days after the Court rules on the Motion to Dismiss, whichever comes first; Plaintiff serves preliminary infringement by 7/10/17; Defendants serve preliminary invalidity and non-infringement contentions by 9/8/17;Parties exchange list of proposed terms for claim construction by 1/8/18; Simultaneous exchange and filing of preliminary claim construction briefs by 1/29/18; Parties simultaneously exchange and file reply briefs in response to preliminary claim construction briefs by 2/12/18; Finalize list of claim terms to be construed filed in court by 2/26/18; defendant to file reply to plaintiff's opposition to motion to dismiss with 10 days; The parties will exchange a list of the tuypes of ESI they believe should be retained and the custodians, or general job titles or descriptions of custodians, for shom they believe ESI should be retained by 3/24/17. ( Markman Hearing set for 4/11/2018 09:00 AM in Courtroom 22 before Judge George A. OToole Jr..). (Court Reporter: Marcia Patrisso at m.patrisso@outlook.com.)(Attorneys present: For Plaintiff: Anne-Marie Dinius; For Defendants: Ernest Linek, Richard Stockton (by phone)) (Lyness, Paul) [Transferred from Massachusetts on 12/13/2017.] |
Filing 27 Judge George A. OToole, Jr: ELECTRONIC ORDER entered granting #25 Motion. Local counsel is to appear in person for the conference (Lyness, Paul) [Transferred from Massachusetts on 12/13/2017.] |
Filing 26 Opposition re #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM for design patent infringement filed by Caffeinate Labs, Inc.. (Dinius, Anne-Marie) [Transferred from Massachusetts on 12/13/2017.] |
Filing 25 Assented to MOTION permit telephone participation in the Scheduling Conference on 3/2/0/2017 by Atty. Stockman, lead counsel for the Defendants by Alexander Shlaferman, Vante Inc..(Linek, Ernest) [Transferred from Massachusetts on 12/13/2017.] |
Filing 24 JOINT STATEMENT re scheduling conference . (Attachments: #1 Defendants' Rule 16.1(d)(3) Statement)(Dinius, Anne-Marie) [Transferred from Massachusetts on 12/13/2017.] |
Filing 23 CERTIFICATION pursuant to Local Rule 16.1 . (Dinius, Anne-Marie) [Transferred from Massachusetts on 12/13/2017.] |
Filing 22 Judge George A. OToole, Jr: ELECTRONIC ORDER entered granting #18 Motion for Leave to Appear Pro Hac Vice Added Richard S. Stockton. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Halley, Taylor) [Transferred from Massachusetts on 12/13/2017.] |
Filing 21 NOTICE of Scheduling Conference Scheduling Conference set for 3/20/2017 02:00 PM in Courtroom 22 before Judge George A. OToole Jr.. Please mark your calendars accordingly.(Lyness, Paul) [Transferred from Massachusetts on 12/13/2017.] |
Filing 20 MEMORANDUM in Support re #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM for design patent infringement filed by Alexander Shlaferman, Vante Inc.. (Linek, Ernest) [Transferred from Massachusetts on 12/13/2017.] |
Filing 19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM for design patent infringement by Alexander Shlaferman, Vante Inc..(Linek, Ernest) [Transferred from Massachusetts on 12/13/2017.] |
Filing 18 MOTION for Leave to Appear Pro Hac Vice for admission of Richard S. Stockton Filing fee: $ 100, receipt number 0101-6518502 by Alexander Shlaferman, Vante Inc.. (Attachments: #1 Exhibit Illinois Bar Certificate, #2 Affidavit Affidavit of Richard S. Stockton, #3 Exhibit US Courts - Certificates of Good Standing)(Linek, Ernest) [Transferred from Massachusetts on 12/13/2017.] |
Filing 17 DECLARATION re #15 Amended Complaint, of Jenna Hight by Caffeinate Labs, Inc.. (Dinius, Anne-Marie) [Transferred from Massachusetts on 12/13/2017.] |
Filing 16 DECLARATION re #15 Amended Complaint, of Nathan Barr by Caffeinate Labs, Inc.. (Dinius, Anne-Marie) [Transferred from Massachusetts on 12/13/2017.] |
Filing 15 AMENDED COMPLAINT against All Defendants, filed by Caffeinate Labs, Inc.. (Attachments: #1 Exhibit Ex. A, #2 Exhibit Ex. B, #3 Exhibit Ex. C, #4 Exhibit Ex. D, #5 Exhibit Ex. E, #6 Exhibit Ex. F, #7 Exhibit Ex. G, #8 Exhibit Ex. H, #9 Exhibit Ex. I, #10 Exhibit Ex. J, #11 Exhibit Ex. K, #12 Exhibit Ex. L, #13 Exhibit Ex. M, #14 Exhibit Ex. N, #15 Exhibit Ex. O)(Dinius, Anne-Marie) [Transferred from Massachusetts on 12/13/2017.] |
Filing 14 Judge George A. OToole, Jr: ELECTRONIC ORDER entered granting #13 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Lyness, Paul) [Transferred from Massachusetts on 12/13/2017.] |
Filing 13 Assented to MOTION for Leave to File First Amended Complaint by Caffeinate Labs, Inc..(Dinius, Anne-Marie) [Transferred from Massachusetts on 12/13/2017.] |
Filing 12 WAIVER OF SERVICE Returned Executed by Caffeinate Labs, Inc.. Alexander Shlaferman waiver sent on 12/14/2016, answer due 2/13/2017. (Braverman, Jonathan) [Transferred from Massachusetts on 12/13/2017.] |
Filing 11 WAIVER OF SERVICE Returned Executed by Caffeinate Labs, Inc.. Vante Inc. waiver sent on 12/14/2016, answer due 2/13/2017. (Braverman, Jonathan) [Transferred from Massachusetts on 12/13/2017.] |
Filing 10 Judge George A. OToole, Jr: ELECTRONIC ORDER entered granting #9 Motion for Extension of Time (Lyness, Paul) [Transferred from Massachusetts on 12/13/2017.] |
Filing 9 Assented to MOTION for Extension of Time to 02/03/2017 to Answer or Otherwise Respond to the Complaint by Alexander Shlaferman, Vante Inc..(Linek, Ernest) [Transferred from Massachusetts on 12/13/2017.] |
Filing 8 CORPORATE DISCLOSURE STATEMENT by Vante Inc.. (Linek, Ernest) [Transferred from Massachusetts on 12/13/2017.] |
Filing 7 NOTICE of Appearance by Ernest V. Linek on behalf of Alexander Shlaferman, Vante Inc. (Linek, Ernest) [Transferred from Massachusetts on 12/13/2017.] |
Filing 6 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. (Jones, Sherry) [Transferred from Massachusetts on 12/13/2017.] |
Filing 5 ELECTRONIC NOTICE of Case Assignment. Judge George A. OToole, Jr 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. (adminn, ) [Transferred from Massachusetts on 12/13/2017.] |
Filing 4 CORPORATE DISCLOSURE STATEMENT by Caffeinate Labs, Inc.. (Dinius, Anne-Marie) [Transferred from Massachusetts on 12/13/2017.] |
Filing 3 DECLARATION re #1 Complaint, Jenna Hight by Caffeinate Labs, Inc.. (Dinius, Anne-Marie) [Transferred from Massachusetts on 12/13/2017.] |
Filing 2 DECLARATION re #1 Complaint, Nathan Barr by Caffeinate Labs, Inc.. (Dinius, Anne-Marie) [Transferred from Massachusetts on 12/13/2017.] |
Filing 1 COMPLAINT against All Defendants Filing fee: $ 400, receipt number 0101-6404496 (Fee Status: Filing Fee paid), filed by Caffeinate Labs, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit)(Dinius, Anne-Marie) (Attachment 1 replaced on 12/7/2016) (Jones, Sherry). [Transferred from Massachusetts on 12/13/2017.] |
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