Lockhart et al v. Beverage Marketing USA, Inc. et al
| Nicole Lockhart, Alexis Jade Hunter and Bobbi O'Sullivan |
| Hornell Brewing Co., Inc., Arizona Beverages USA LLC, Arizona Iced Tea LLC, Beverage Marketing USA, Inc. and Arizona Beverage Company, LLC |
| 2:2019cv05345 |
| September 19, 2019 |
| US District Court for the Eastern District of New York |
| Sanket J Bulsara |
| Pamela K Chen |
| Sandra J Feuerstein |
| Arlene R Lindsay |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 25, 2019. A more recent docket listing may be available from PACER.
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ORDER REASSIGNING CASE. Case reassigned to Judge Sandra J. Feuerstein and Magistrate Judge Arlene R. Lindsay for all further proceedings. Judge Pamela K. Chen, Magistrate Judge Sanket J. Bulsara no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Ordered by Chief Judge Dora Lizette Irizarry on 10/25/2019. (Bowens, Priscilla)
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Filing 45
SCHEDULING ORDER: An in-person initial conference will be held at 11:30 AM on 1/24/2020 before Magistrate Judge Bulsara in Courtroom 324N. All counsel must attend. Counsel are directed to complete the attached Discovery Plan Worksheet and electronically file same with the Court no later than two days before 1/24/2020. Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. So Ordered by Magistrate Judge Sanket J. Bulsara on 10/15/2019. (Manson, Eddie)
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| Filing 44 NOTICE of Appearance by Robert Paul Donovan on behalf of Arizona Beverage Company, LLC, Arizona Beverages USA LLC, Arizona Iced Tea LLC, Beverage Marketing USA, Inc., Hornell Brewing Co., Inc. (notification declined or already on case) (Donovan, Robert) |
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ORDER: The Motion for Leave to Appear Pro Hac Vice #43 is granted. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Magistrate Judge Sanket J. Bulsara on 10/4/2019. (Guo, Alicia)
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| Filing 43 MOTION to Appear Pro Hac Vice for Robert P. Donovan, Esq. Filing fee $ 150, receipt number ANYEDC-11909946. by Arizona Beverage Company, LLC, Arizona Beverages USA LLC, Arizona Iced Tea LLC, Beverage Marketing USA, Inc., Hornell Brewing Co., Inc.. (Attachments: #1 Affidavit in Support of Motion for Admission of Attorney Pro Hac Vice, #2 Proposed Order) (Donovan, Robert) |
| Filing 42 NOTICE of Appearance by Stephen M. Raab on behalf of All Plaintiffs (aty to be noticed) (Raab, Stephen) |
| Filing 41 NOTICE of Appearance by Rajiv V. Thairani on behalf of All Plaintiffs (aty to be noticed) (Thairani, Rajiv) |
| Filing 40 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. (Cox, Dwayne) |
| Filing 39 Case transferred in from District of California Northern; Case Number 3:19-cv-01711. Original file certified copy of transfer order and docket sheet received. |
| The case of Lockhart et al v. Beverage Marketing USA, Inc. et al, has been transferred from U.S. District Court Northern District of California to the Eastern District of New York. The new case number is 19-cv-5345-PKC-SJB. 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. (Cox, Dwayne) |
| The United States District Court for the Eastern District of New York shall receive the information from this Court via e-mail/telephone transfer. Re #38 Minutes (aaaS, COURT STAFF) (Filed on 9/19/2019) [Transferred from California Northern on 9/19/2019.] |
| Notice of Related Case, see docket entry no. 17, page 13. This is matter related to case no. 19-cv-1902-SJF-ARL (Cox, Dwayne) |
| Filing 38 Minute Entry for proceedings held before Judge William H. Orrick: Motion Hearing held on 9/11/2019 re #17 MOTION to Dismiss and #26 MOTION to Appoint Counsel. The Court grants defendants' motion and TRANSFERS this case to the Eastern District of New York. The Court declines to reach the motion to dismiss or plaintiffs motion for appointment as interim counsel. Total Time in Court: 3 minutes. Court Reporter: Marla Knox. (jmdS, COURT STAFF) (Date Filed: 9/11/2019) [Transferred from California Northern on 9/19/2019.] |
| Filing 37 JOINT CASE MANAGEMENT STATEMENT (Sept 11 CMC) filed by Alexis Jade Hunter, Nicole Lockhart, Bobbi O'Sullivan. (Simplicio, Kristen) (Filed on 9/4/2019) [Transferred from California Northern on 9/19/2019.] |
| Filing 36 REPLY (re #17 MOTION to Dismiss COMPLAINT UNDER RULE 12(b)(6) OR, ALTERNATIVELY, TO TRANSFER VENUE; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT ) filed byArizona Beverage Company LLC, Arizona Beverages USA LLC, Arizona Iced Tea LLC, Beverage Marketing USA, Inc., Hornell Brewing Co., Inc.. (Lim, Derek) (Filed on 8/23/2019) [Transferred from California Northern on 9/19/2019.] |
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Filing 35
Order by Judge William H. Orrick granting #34 Stipulation. Defendants time to file a reply is extended from August 21, 2019 to August 23, 2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (wholc3S, COURT STAFF) (Filed on 8/14/2019) [Transferred from California Northern on 9/19/2019.]
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| Filing 34 STIPULATION WITH PROPOSED ORDER re #17 MOTION to Dismiss COMPLAINT UNDER RULE 12(b)(6) OR, ALTERNATIVELY, TO TRANSFER VENUE; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT filed by Arizona Beverage Company LLC, Arizona Beverages USA LLC, Arizona Iced Tea LLC, Beverage Marketing USA, Inc., Hornell Brewing Co., Inc.. (Lim, Derek) (Filed on 8/13/2019) [Transferred from California Northern on 9/19/2019.] |
| Filing 33 OPPOSITION/RESPONSE (re #17 MOTION to Dismiss COMPLAINT UNDER RULE 12(b)(6) OR, ALTERNATIVELY, TO TRANSFER VENUE; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT ) filed by Alexis Jade Hunter, Nicole Lockhart, Bobbi O'Sullivan. (Attachments: #1 Declaration of Seth Safier, #2 Declaration of Kristen SImplicio, #3 Exhibit A, #4 Exhibit B)(Simplicio, Kristen) (Filed on 7/31/2019) Modified on 8/1/2019 (amgS, COURT STAFF). [Transferred from California Northern on 9/19/2019.] |
| Filing 32 Declaration of Bobbi O'Sullivan Correction of Docket No. 30-1 - Declaration of Bobbi O'Sullivan filed byBobbi O'Sullivan. (Simplicio, Kristen) (Filed on 7/31/2019) [Transferred from California Northern on 9/19/2019.] |
| Filing 31 REPLY (re #26 MOTION to Appoint Counsel (Interim Counsel) ) Correction of Docket No. 30 - Reply Memorandum in Support of Plaintiffs' Motion to Appoint Gutride Safier LLP Interim Lead Counsel filed byBobbi O'Sullivan. (Simplicio, Kristen) (Filed on 7/31/2019) [Transferred from California Northern on 9/19/2019.] |
| Filing 30 ERRONEOUSLY E-FILED: PLEASE SEE DOCKET NUMBER #31 FOR CORRECTION REPLY (re #26 MOTION to Appoint Counsel (Interim Counsel) ) Reply Memorandum in Support of Plaintiffs' Motion to Appoint Gutride Safier LLP Interim Lead Counsel filed by Bobbi O'Sullivan. (Attachments: #1 *** SEE CORRECTED FILING AT #32 *** Declaration Declaration of Bobbi O'Sullivan)(McCrary, Marie) (Filed on 7/31/2019) Modified on 8/1/2019 (amgS, COURT STAFF). Modified on 8/2/2019 (aaaS, COURT STAFF). [Transferred from California Northern on 9/19/2019.] |
| Filing 29 OPPOSITION/RESPONSE (re #26 MOTION to Appoint Counsel (Interim Counsel) ) filed by Hornell Brewing Co., Arizona Beverage Co., etc. and filed byBeverage Marketing USA, Inc.. (Ring, David) (Filed on 7/24/2019) [Transferred from California Northern on 9/19/2019.] |
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Filing 28
ORDER granting #27 STIPULATION to Continue CMC and #17 MOTION to Dismiss Schedule. Case Management Statement due by 9/4/2019. Case Management Conference reset for 9/11/2019 02:00 PM in San Francisco, Courtroom 02, 17th Floor. Deadlines reset as to #17 Motion to Dismiss. Response due by 7/31/2019. Reply due by 8/21/2019. Motion Hearing reset for 9/11/2019 02:00 PM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Signed by Judge William H. Orrick on 07/12/2019. (jmdS, COURT STAFF) (Filed on 7/12/2019) [Transferred from California Northern on 9/19/2019.]
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| Filing 27 STIPULATION WITH PROPOSED ORDER Continuing CMC and MTD Schedule filed by Alexis Jade Hunter, Nicole Lockhart, Bobbi O'Sullivan. (Simplicio, Kristen) (Filed on 7/10/2019) [Transferred from California Northern on 9/19/2019.] |
| Filing 26 MOTION to Appoint Counsel (Interim Counsel) filed by Alexis Jade Hunter, Nicole Lockhart, Bobbi O'Sullivan. (Attachments: #1 Declaration of Seth Safier, #2 Exhibit A, #3 Proposed Order)(Simplicio, Kristen) (Filed on 7/10/2019) [Transferred from California Northern on 9/19/2019.] |
| Filing 25 JOINT CASE MANAGEMENT STATEMENT and Rule 26(f) Conference Report filed by Alexis Jade Hunter, Nicole Lockhart, Bobbi O'Sullivan. (Simplicio, Kristen) (Filed on 7/9/2019) [Transferred from California Northern on 9/19/2019.] |
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Filing 24
Order by Judge William H. Orrick granting #23 Stipulation. Response due by 7/17/2019. Reply due by 8/7/2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (wholc3, COURT STAFF) (Filed on 6/25/2019) [Transferred from California Northern on 9/19/2019.]
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| Filing 23 STIPULATION WITH PROPOSED ORDER re Time to Respond to Defendants' Motions to Dimiss and Transfer Venue filed by Alexis Jade Hunter, Nicole Lockhart, Bobbi O'Sullivan. (Simplicio, Kristen) (Filed on 6/25/2019) [Transferred from California Northern on 9/19/2019.] |
| Filing 22 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Defendants Beverage Marketing USA, Inc., Hornell Brewing Co., Inc., Arizona Beverage Company LLC, Arizona Beverages USA LLC, Arizona Iced Tea LLC) (Lim, Derek) (Filed on 6/20/2019) [Transferred from California Northern on 9/19/2019.] |
| Filing 21 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Plaintiffs Lockhart, O'Sullivan, and Hunter) (Simplicio, Kristen) (Filed on 6/20/2019) [Transferred from California Northern on 9/19/2019.] |
| Filing 20 NOTICE of Pendency of Other Action Involving Same Patent by Arizona Beverage Company LLC, Arizona Beverages USA LLC, Arizona Iced Tea LLC, Beverage Marketing USA, Inc., Hornell Brewing Co., Inc. (Lim, Derek) (Filed on 6/13/2019) [Transferred from California Northern on 9/19/2019.] |
| Filing 19 Certificate of Interested Entities by Arizona Beverage Company LLC, Arizona Beverages USA LLC, Arizona Iced Tea LLC, Beverage Marketing USA, Inc., Hornell Brewing Co., Inc. identifying Corporate Parent Arizona Beverages USA LLC for Arizona Iced Tea LLC; Corporate Parent Hornell Brewing Co., Inc. for Arizona Beverage Company LLC; Corporate Parent Arizona Beverage Company LLC, Corporate Parent Arizona Iced Tea LLC for Arizona Beverages USA LLC; Corporate Parent Beverage Marketing USA, Inc. for Hornell Brewing Co., Inc.. (Lim, Derek) (Filed on 6/13/2019) [Transferred from California Northern on 9/19/2019.] |
| Filing 18 Request for Judicial Notice re #17 MOTION to Dismiss COMPLAINT UNDER RULE 12(b)(6) OR, ALTERNATIVELY, TO TRANSFER VENUE; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT filed byArizona Beverage Company LLC, Arizona Beverages USA LLC, Arizona Iced Tea LLC, Beverage Marketing USA, Inc., Hornell Brewing Co., Inc.. (Related document(s) #17 ) (Lim, Derek) (Filed on 6/13/2019) [Transferred from California Northern on 9/19/2019.] |
| Filing 17 MOTION to Dismiss COMPLAINT UNDER RULE 12(b)(6) OR, ALTERNATIVELY, TO TRANSFER VENUE; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT filed by Arizona Beverage Company LLC, Arizona Beverages USA LLC, Arizona Iced Tea LLC, Beverage Marketing USA, Inc., Hornell Brewing Co., Inc.. Motion Hearing set for 8/21/2019 02:00 PM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Responses due by 6/27/2019. Replies due by 7/5/2019. (Attachments: #1 Declaration of Michael Kutner In Support of Defendants' Motion To Dismiss, #2 Declaration of Robert P. Donovan In Support of Defendants' Motion To Dismiss, #3 Proposed Order Granting Defendants' Motion to Dismiss)(Lim, Derek) (Filed on 6/13/2019)[Transferred from California Northern on 9/19/2019.] |
| Filing 16 CERTIFICATE OF SERVICE by Alexis Jade Hunter, Nicole Lockhart, Bobbi O'Sullivan (Case Management Conference Order) (Simplicio, Kristen) (Filed on 5/23/2019) [Transferred from California Northern on 9/19/2019.] |
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Filing 15
Order by Judge William H. Orrick granting #10 Motion for Pro Hac Vice by Robert P. Donovan. (jmdS, COURT STAFF) (Filed on 5/22/2019) [Transferred from California Northern on 9/19/2019.]
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Filing 14
CASE MANAGEMENT CONFERENCE ORDER - Case Management Conference set for 7/16/2019 02:00 PM in San Francisco, Courtroom 02, 17th Floor. Case Management Statement due by 7/9/2019. Signed by Judge William H. Orrick on 05/22/2019. (jmdS, COURT STAFF) (Filed on 5/22/2019) [Transferred from California Northern on 9/19/2019.]
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Filing 13
ORDER, Case Reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge William H. Orrick for all further proceedings. Magistrate Judge Jacqueline Scott Corley no longer assigned to the case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by The Clerk on 5/14/19. (Attachments: #1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 5/14/2019) [Transferred from California Northern on 9/19/2019.]
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| Filing 12 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ahm, COURT STAFF) (Filed on 5/13/2019) [Transferred from California Northern on 9/19/2019.] |
| Filing 11 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Arizona Beverage Company LLC, Arizona Beverages USA LLC, Arizona Iced Tea LLC, Beverage Marketing USA, Inc., Hornell Brewing Co., Inc... (Lim, Derek) (Filed on 5/13/2019) [Transferred from California Northern on 9/19/2019.] |
| Filing 10 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13337026.) filed by Arizona Beverage Company LLC, Arizona Beverages USA LLC, Arizona Iced Tea LLC, Beverage Marketing USA, Inc., Hornell Brewing Co., Inc.. (Lim, Derek) (Filed on 5/10/2019) [Transferred from California Northern on 9/19/2019.] |
| Filing 9 CLERK'S NOTICE Re: Consent or Declination: Defendants shall file a consent or declination to proceed before a magistrate judge by 5/22/2019. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (ahm, COURT STAFF) (Filed on 5/8/2019) [Transferred from California Northern on 9/19/2019.] |
| Filing 8 STIPULATION to Extend Time for Defendants to Respond to Complaint filed by Arizona Beverage Company LLC, Arizona Beverages USA LLC, Arizona Iced Tea LLC, Beverage Marketing USA, Inc., Hornell Brewing Co., Inc.. (Lim, Derek) (Filed on 5/8/2019) [Transferred from California Northern on 9/19/2019.] |
| Filing 7 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Alexis Jade Hunter, Nicole Lockhart, Bobbi O'Sullivan.. (Safier, Seth) (Filed on 5/6/2019) [Transferred from California Northern on 9/19/2019.] |
| Filing 6 CLERK'S NOTICE Re: Consent or Declination: Plaintiffs shall file a consent or declination to proceed before a magistrate judge by 5/6/2019. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (ahmS, COURT STAFF) (Filed on 4/22/2019) [Transferred from California Northern on 9/19/2019.] |
| Filing 5 Summons Issued as to Arizona Beverage Company LLC, Arizona Beverages USA LLC, Arizona Iced Tea LLC, Beverage Marketing USA, Inc., Hornell Brewing Co., Inc.. (Attachments: #1 Hornell, #2 Arizona Beverage Co, #3 Arizona Beverage USA, #4 Arizona Iced Tea)(slhS, COURT STAFF) (Filed on 4/4/2019) [Transferred from California Northern on 9/19/2019.] |
| Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/4/2019. Initial Case Management Conference set for 7/11/2019 01:30 PM in San Francisco, Courtroom F, 15th Floor. (slhS, COURT STAFF) (Filed on 4/4/2019) [Transferred from California Northern on 9/19/2019.] |
| #Electronic filing error Re: #1 Complaint filed by Nicole Lockhart, Bobbi O'Sullivan, Alexis Jade Hunter. Parties added to action incorrectly. Counsel is reminded n ot to add parties in all caps. For future reference, please refer to https://cand.uscourts.gov/ecf/caseopening. See Guide to E-Filing New Civil Cases (Section III.c - Adding Parties). Corrected by Clerk's Office. No further action is necessary. (slhS, COURT STAFF) (Filed on 4/4/2019) [Transferred from California Northern on 9/19/2019.] |
| Filing 3 Case assigned to Magistrate Judge Jacqueline Scott Corley. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 4/17/2019. (ajsS, COURT STAFF) (Filed on 4/3/2019) [Transferred from California Northern on 9/19/2019.] |
| Filing 2 Proposed Summons. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons)(McCrary, Marie) (Filed on 4/2/2019) [Transferred from California Northern on 9/19/2019.] |
| Filing 1 CLASS ACTION COMPLAINT against Beverage Marketing USA, Inc. Arizona Beverage Company LLC, Arizona Beverages USA LLC, Arizona Iced Tea LLC, Hornell Brewing Co., Inc( Filing fee $ 400, receipt number 0971-13225203). Filed by Nicole Lockhart, Bobbi O'Sullivan, Alexis Jade Hunter. (Attachments: #1 Exhibit A to Class Action Complaint, #2 Exhibit B to Class Action Complaint, #3 Civil Cover Sheet)(McCrary, Marie) (Filed on 4/2/2019) Modified on 4/4/2019 (slhS, COURT STAFF). [Transferred from California Northern on 9/19/2019.] |
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