Doe 1 et al v. United States Twirling Association, Inc. et al
| Jane Doe 1, Jane Doe 2 and John Doe 1 |
| United States Twirling Association, Inc., Karen Cammer and Koralea Slagle |
| 2:2022cv05399 |
| September 9, 2022 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| Orelia E Merchant |
| Steven Tiscione |
| P.I.: Other |
| 28 U.S.C. § 1391 Personal Injury |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 28, 2024. A more recent docket listing may be available from PACER.
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Filing 53
Letter Joint Letter of Completion of Discovery by Jane Doe 1, John Doe 1, Jane Doe 2 (Goldwasser, Andrew)
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Filing 52
Minute Entry for Telephone Conference held on 8/25/2023 before Magistrate Judge Steven Tiscione: Amanat, Goldwasser for Plaintiffs; Pareres, Bottari for Defendants. The final expert depositions are scheduled for next week. Parties shall file a joint letter confirming the completion of all discovery by September 8, 2023. Parties report that private mediation was unsuccessful and they do not believe any further settlement discussions would be productive. Parties will advise the Court if they change their mind and wish to have a settlement conference. Otherwise, the parties shall file the Joint Pretrial Order by September 29, 2023 and a trial date will be set by the District Judge. (Not Recorded.) (LV)
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ORDER REFERRING CASE to Magistrate Judge Steven Tiscione. Ordered by Judge Orelia E. Merchant on 8/15/2023. (MM)
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ORDER granting #51 Motion for Hearing. A telephone conference will be held at 11:30 a.m. on August 25, 2023 before the undersigned. counsel for all parties must participate and shall connect to the conference through dial-in number 888-557-8511 with access code 3152145. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court, is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. So Ordered by Magistrate Judge Steven Tiscione on 8/15/2023. (LV)
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Filing 51
Letter MOTION for Hearing re: Request for Status Conference (Joint) by Jane Doe 1, John Doe 1, Jane Doe 2. (Amanat, Farzin)
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Filing 50
NOTICE of Appearance by Farzin Franklin Amanat on behalf of Jane Doe 1, John Doe 1, Jane Doe 2 (aty to be noticed) (Amanat, Farzin)
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Case Reassigned to Judge Orelia E. Merchant. Judge Brian M. Cogan no longer assigned to the 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. (RG)
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Filing 49
Letter Joint Letter regarding Defendants Experts by Jane Doe 1, John Doe 1, Jane Doe 2 (Goldwasser, Andrew)
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ORDER re #49 Joint Letter. Although defense counsel's compliance with his discovery obligations in this case has been abysmal, the Court is not going to preclude all defense experts over a 14 day delay as that would be draconian. Instead, defendants shall pay any expert fees associated with the experts appearing for deposition in this action, as well as half of plaintiff's reasonable attorneys' fees in taking those depositions (since plaintiff would have spent time deposing the experts even if their reports had been timely produced). Ordered by Judge Brian M. Cogan on 6/23/2023. (Cogan, Brian)
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Filing 48
RESPONSE in Opposition re #46 MOTION for Extension of Time to Complete Discovery MOTION for Extension of Time to File filed by Jane Doe 1, John Doe 1, Jane Doe 2. (Goldwasser, Andrew)
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ORDER re #45 , #47 ; denying #46 . Plaintiffs' letters and defendants' motion present a discovery dispute. That doesn't change just because plaintiffs are seeking preclusion for the allegedly untimely compliance with discovery deadlines. Since it is a discovery dispute, it has to be presented in accordance with this Court's Individual Practice Rules on discovery disputes. Accordingly, no action will be taken on these submissions. In addition, because plaintiffs seek relief from the Court, the initial letter should have been designated as a motion on ECF. Ordered by Judge Brian M. Cogan on 6/21/2023. (CB)
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Filing 47
Letter Reply in Support of Motion to Exclude Defendants Experts by Jane Doe 1, John Doe 1, Jane Doe 2 (Goldwasser, Andrew)
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Filing 46
MOTION for Extension of Time to Complete Discovery , MOTION for Extension of Time to File by Karen Cammer, Koralea Slagle, United States Twirling Association, Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B) (Bottari, Paul)
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Filing 45
Letter to Exclude Defendants Experts from Testifying by Jane Doe 1, John Doe 1, Jane Doe 2 (Goldwasser, Andrew)
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Filing 44
ORDER dated 5/22/23 denying defendants' #43 Motion for Discovery. Plaintiffs must, however, provide defendants with any medical records or notes that plaintiffs' expert relied upon in arriving at his opinions regarding Jane Doe's medical condition. ( Ordered by Judge Brian M. Cogan on 5/22/2023 ) (RG)
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Filing 43
First MOTION for Discovery Rule 35 by Karen Cammer, Koralea Slagle, United States Twirling Association, Inc.. (Bottari, Paul)
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ORDER re: #42 . This is a discovery dispute not presented in accordance with this Court's individual practice rules concerning discovery disputes. Therefore, no action will be taken on it. Ordered by Judge Brian M. Cogan on 5/8/2023. (PW)
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Filing 42
Letter Regarding Defendants Rule 35 Notice by Jane Doe 1, John Doe 1, Jane Doe 2 (Attachments: #1 Exhibit 1) (Goldwasser, Andrew)
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ORDER granting #36 Motion for Leave to Electronically File Document under Seal. In light of the Protective Order approved by the Court on 10/26/2022 #25 , plaintiff is permitted to file the exhibits to their brief in opposition under seal. Ordered by Judge Brian M. Cogan on 5/2/2023. (PW)
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Filing 41
ORDER granting in part and denying in part defendants' #30 Motion for Summary Judgment. ( Ordered by Judge Brian M. Cogan on 4/28/2023 ) (RG)
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Minute Entry and Order for Hearing on plaintiffs #38 Motion to Strike held before Judge Brian M. Cogan on 4/26/23. All parties appeared by video. Plaintiff's motion to strike the statement of Walter Jacobo Gutierrez Vaisman is granted for the reasons stated on the record. Defendants' request to strike affidavits submitted by plaintiff in opposition to defendants' motion for summary judgment is denied. See transcript for details. (Court Reporter Victoria Butler). (PW)
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Filing 40
REPLY in Support re #38 MOTION to Strike #37 Reply in Support, ECF Attachment #5, Ex. C filed by All Plaintiffs. (Goldwasser, Andrew)
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Filing 39
RESPONSE to Motion re #38 MOTION to Strike #37 Reply in Support, ECF Attachment #5, Ex. C filed by All Defendants. (Attachments: #1 Exhibit Defendants Liaison Counsel Letter) (Bottari, Paul)
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SCHEDULING ORDER: Hearing on plaintiffs' #38 Motion to Strike is scheduled for 4/26/2023 at 2:30 PM by Video. A ZoomGov link will be emailed to counsel of record. Ordered by Judge Brian M. Cogan on 4/18/2023. (PW)
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Filing 38
MOTION to Strike #37 Reply in Support, ECF Attachment #5, Ex. C by Jane Doe 1, John Doe 1, Jane Doe 2. (Goldwasser, Andrew)
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Filing 37
REPLY in Support re #30 First MOTION for Summary Judgment filed by All Defendants. (Attachments: #1 Memorandum in Support Memo of Law, #2 Rule 56.1 Statement Rule 56.1 statement, #3 Exhibit Exhibit A, #4 Exhibit Exhibit B, #5 Exhibit Exhibit C) (Bottari, Paul)
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Filing 36
First MOTION for Leave to Electronically File Document under Seal Exhibits in Opposition to Defendants MSJ - ECF 30 by Jane Doe 1, John Doe 1, Jane Doe 2. (Attachments: #1 Exhibit 1 to Memo in Opp to MSJ, #2 Exhibit 2 to Memo in Opp to MSJ, #3 Exhibit 3 to Memo in Opp to MSJ, #4 Exhibit 4 to Memo in Opp to MSJ, #5 Exhibit 5 to Memo in Opp to MSJ, #6 Exhibit 6 to Memo in Opp to MSJ, #7 Exhibit 7 to Memo in Opp to MSJ, #8 Exhibit 8 to Memo in Opp to MSJ, #9 Exhibit 9 to Memo in Opp to MSJ, #10 Exhibit 10 to Memo in Opp to MSJ, #11 Exhibit 11 to Memo in Opp to MSJ, #12 Exhibit 12 to Memo in Opp to MSJ, #13 Exhibit 13 to Memo in Opp to MSJ, #14 Exhibit 14 to Memo in Opp to MSJ) (Goldwasser, Andrew)
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Filing 35
MEMORANDUM in Opposition re #30 First MOTION for Summary Judgment filed by All Plaintiffs. (Goldwasser, Andrew)
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Filing 34
RULE 56.1 STATEMENT re #30 First MOTION for Summary Judgment Plaintiffs Counterstatement of Material Facts filed by All Plaintiffs. (Goldwasser, Andrew)
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Filing 33
RULE 56.1 STATEMENT re #30 First MOTION for Summary Judgment Response to Defendants Facts filed by All Plaintiffs. (Goldwasser, Andrew)
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Filing 32
AFFIDAVIT/DECLARATION in Opposition re #30 First MOTION for Summary Judgment filed by Jane Doe 1, John Doe 1, Jane Doe 2. (Goldwasser, Andrew)
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ORDER granting #31 Motion to Withdraw as Attorney. Attorney Joshua J. Lax terminated. Ordered by Judge Brian M. Cogan on 3/30/2023. (PW)
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Filing 31
MOTION to Withdraw as Attorney Joshua J. Lax, Esq. by Jane Doe 1, John Doe 1, Jane Doe 2. (Gutzler, Greg)
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Filing 30
First MOTION for Summary Judgment by Karen Cammer, Koralea Slagle, United States Twirling Association, Inc.. (Attachments: #1 Declaration Declaration, #2 Rule 56.1 Statement Rule 56.1 statement, #3 Memorandum in Support Memo of Law, #4 Exhibit Exhibit A, #5 Exhibit Exhibit B, #6 Exhibit Exhibit C, #7 Exhibit Exhibit D, #8 Exhibit Exhibit E, #9 Exhibit Exhibit F) (Bottari, Paul)
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Minute Entry and Order for Hearing on #28 Parties' Joint Letter Regarding Discovery Dispute before Judge Brian M. Cogan on 03/09/23. Defendants may not depose Roxana Guevara. Fact discovery has ended. Defendants waited until the last minute to notice the deposition and have not assured the Court that the deposition would conform with Peruvian law. See transcript for details. (Court Reporter Georgette Betts).In addition, the Court sets the following briefing schedule for defendants' #29 proposed summary judgment motion: motion due 03/23/23; opposition due 04/06/23; reply due 04/13/23. The premotion conference is waived. (PW)
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Filing 29
Letter MOTION for pre motion conference by Karen Cammer, Koralea Slagle, United States Twirling Association, Inc.. (Bottari, Paul)
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SCHEDULING ORDER: Hearing on #28 joint letter regarding discovery dispute is scheduled for 3/9/2023 at 9:30 am by video. A ZoomGov link will be emailed to counsel of record. Ordered by Judge Brian M. Cogan on 3/6/2023. (PW) Modified on 3/6/2023 (PW).
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Filing 28
Letter Joint Letter re Discovery by Jane Doe 1, John Doe 1, Jane Doe 2 (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Goldwasser, Andrew)
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Filing 27
NOTICE by Jane Doe 1, John Doe 1, Jane Doe 2 of Service of Subpoena to Verizon (Goldwasser, Andrew)
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Filing 26
NOTICE of Appearance by Paul J. Bottari on behalf of All Defendants (aty to be noticed) (Bottari, Paul)
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Filing 25
PROTECTIVE ORDER re: #24 Motion for Protective Order. ( Ordered by Judge Brian M. Cogan on 10/26/2022 ) (RG)
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Filing 24
Joint MOTION for Protective Order Regarding Discovery Material and Plaintiffs' Identities by Jane Doe 1, John Doe 1, Jane Doe 2. (Goldwasser, Andrew)
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Filing 23
SCHEDULING ORDER/CIVIL CASE MANAGEMENT PLAN is hereby adopted. ( Ordered by Judge Brian M. Cogan on 10/25/2022 ) (RG)
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Minute Entry and Order for Initial Status Conference held on 10/25/2022 before Judge Brian M. Cogan. All parties appeared by telephone. The Court will adopt the parties' proposed Case Management Plan by separate order; fact discovery to end 02/28/2023. (PW)
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Filing 22
Proposed Scheduling Order Joint Civil Case Management Plan by Jane Doe 1, John Doe 1, Jane Doe 2 (Goldwasser, Andrew)
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Filing 21
Letter Joint by Jane Doe 1, John Doe 1, Jane Doe 2 (Goldwasser, Andrew)
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Filing 20
ANSWER to #1 Complaint, by All Defendants. (Pareres, Joseph)
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Filing 19
NOTICE of Appearance by Greg G Gutzler on behalf of Jane Doe 1, John Doe 1, Jane Doe 2 (aty to be noticed) (Gutzler, Greg)
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Filing 18
SUMMONS Returned Executed by Jane Doe 1, John Doe 1, Jane Doe 2. Koralea Slagle served on 9/19/2022, answer due 10/10/2022. (Goldwasser, Andrew)
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Filing 17
WAIVER OF SERVICE Returned Executed by Jane Doe 1, John Doe 1, Jane Doe 2. Karen Cammer waiver sent on 9/26/2022, answer due 11/25/2022. (Goldwasser, Andrew)
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Filing 16
WAIVER OF SERVICE Returned Executed by Jane Doe 1, John Doe 1, Jane Doe 2. United States Twirling Association, Inc. waiver sent on 9/26/2022, answer due 11/25/2022. (Goldwasser, Andrew)
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Filing 15
Summons Issued as to Karen Cammer. (Guzzi, Roseann)
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Filing 14
Proposed Summons. by Jane Doe 1, John Doe 1, Jane Doe 2 (Goldwasser, Andrew)
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Filing 13
NOTICE of Appearance by Andrew S Goldwasser on behalf of All Plaintiffs (notification declined or already on case) (Goldwasser, Andrew)
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ORDER granting #12 Andrew Goldwasser's Motion for Leave to Appear Pro Hac Vice as counsel for plaintiffs. 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 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. Ordered by Judge Brian M. Cogan on 9/15/2022. (Weisberg, Peggy)
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Filing 12
Notice of MOTION to Appear Pro Hac Vice Goldwasser Filing fee $ 150, receipt number ANYEDC-15937382. by Jane Doe 1, John Doe 1, Jane Doe 2. (Attachments: #1 Affidavit in Support Goldwasser Affidavit Pro Hac, #2 Exhibit Goldwasser Certificate of Good Standing) (Goldwasser, Andrew)
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Filing 11
Summons Issued as to United States Twirling Association, Inc., Karen Cammer, Koralea Slagle. (Attachments: #1 Cammer, #2 Slagle) (Guzzi, Roseann)
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Filing 10
SCHEDULING ORDER: A telephonic Initial Status Conference is set for 10/25/2022 at 6:00 pm. Parties will use the toll-free number 888-684-8852 followed by access code 6427877#. When the conference begins parties will be prompted to input the security code 5399#. See attached mandatory requirements for the conference. Ordered by Judge Brian M. Cogan on 9/12/2022. (Weisberg, Peggy)
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Filing 9
Proposed Summons. by Jane Doe 1, John Doe 1, Jane Doe 2 (Attachments: #1 Proposed Summons Karen Cammer, #2 Proposed Summons Koralea Slagle) (Lax, Joshua)
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Filing 8
NOTICE of Change of Firm Name and Address Once the filing has been made, you must login to www.pacer.gov and update your account. (Lax, Joshua)
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Filing 7
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. (Jakubowski, Laura)
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Filing 6
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Additional attachment(s) added on 9/12/2022: #1 Additional Corrections) (Jakubowski, Laura).
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ORDER granting #2 plaintiffs' Motion for Leave to Proceed Under Pseudonym. Ordered by Judge Brian M. Cogan on 9/12/2022. (Weisberg, Peggy)
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Case Assigned to Judge Brian M. Cogan. 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. (Jakubowski, Laura)
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Your proposed summonses were not issued for the following reason: The section that reads "The answer or motion must be served on plaintiff or plaintiff's attorney, whose name and address are:" has not be completed. Please correct and resubmit using the event Proposed Summons/Civil Cover Sheet. (Jakubowski, Laura)
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Filing 5
EXHIBIT Proposed Order for Leave to Proceed Under a Pseudonym by Jane Doe 1, John Doe 1, Jane Doe 2. Related document: #2 MOTION for Protective Order and for Leave to Proceed Under a Pseudonym filed by Jane Doe 2, Jane Doe 1, John Doe 1. (Lax, Joshua)
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Filing 4
MEMORANDUM in Support re #2 MOTION for Protective Order and for Leave to Proceed Under a Pseudonym filed by Jane Doe 1, John Doe 1, Jane Doe 2. (Lax, Joshua)
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Filing 3
AFFIDAVIT/DECLARATION in Support re #2 MOTION for Protective Order and for Leave to Proceed Under a Pseudonym filed by Jane Doe 1, John Doe 1, Jane Doe 2. (Lax, Joshua)
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Filing 2
MOTION for Protective Order and for Leave to Proceed Under a Pseudonym by Jane Doe 1, John Doe 1, Jane Doe 2. (Lax, Joshua)
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Filing 1
COMPLAINT against Karen Cammer, Koralea Slagle, United States Twirling Association, Inc. filing fee $ 402, receipt number ANYEDC-15925663 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Jane Doe 1, John Doe 1, Jane Doe 2. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons, #5 Exhibit Exhibit 1 to Complaint) (Lax, Joshua)
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