Export-Import Bank of the United States v. Hi-Films S.A. de C.V. et al
Plaintiff: Export-Import Bank of the United States
Defendant: Hi-Films S.A. de C.V., Miguel Angel Peredo Luna, Adrian Peredo Luna and Gabriela Peredo Luna
Case Number: 1:2009cv03573
Filed: April 6, 2009
Court: US District Court for the Southern District of New York
Office: Negotiable Instrument Office
County: New York
Presiding Judge: Andrew L Carter
Referring Judge: Ronald L Ellis
Nature of Suit: Negotiable Instrument
Cause of Action: 28 U.S.C. § 1331
Jury Demanded By: None
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Docket Report

This docket was last retrieved on November 12, 2013. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 12, 2013 Filing 54 NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed without prejudice against the defendant(s) Hi-Films S.A. de C.V., Adrian Peredo Luna, Gabriela Peredo Luna, Miguel Angel Peredo Luna. (Signed by Judge Andrew L. Carter, Jr on 11/12/2013) (js)
November 8, 2013 ***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney Li Yu Document #53 Notice of Voluntary Dismissal, was referred to Judge Andrew L. Carter, Jr for approval. (jno)
November 7, 2013 Filing 53 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, Without prejudice prejudice against the defendant(s) Hi-Films S.A. de C.V., Adrian Peredo Luna, Gabriela Peredo Luna. Document filed by Export-Import Bank of the United States. (Yu, Li) Modified on 11/8/2013 (jno).
April 12, 2012 Opinion or Order Filing 52 ORDER OF DISMISSAL AS TO MIGUEL ANGEL PEDRO LUNA: The claims asserted against defendant Miguel Angel Peredo Luna by plaintiff Ex-Im in this action are dismissed pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure. Miguel Angel Peredo Luna terminated. (Signed by Judge Andrew L. Carter, Jr on 4/12/2012) (ft)
April 10, 2012 Minute Entry for proceedings held before Magistrate Judge Ronald L. Ellis: Status Conference held on 4/10/2012. No appearance by the deft. Conference adjourned sine die. (mro)
February 9, 2012 Opinion or Order Filing 51 ENDORSED LETTER addressed to Magistrate Judge Ronald L. Ellis from Li Yu dated 2/6/2012 re: Counsel for the Plaintiff writes to request an adjournment of the 2/21/2012 conference and permit Ex-Im to update the Court on the status of its effort to serve the Mexican Defendants in accordance with the Rule 4(f)(3) Order. ENDORSEMENT: Conference adjourned to 4/12/2012 at 10:00 AM. (Status Conference set for 4/12/2012 at 10:00 AM before Magistrate Judge Ronald L. Ellis.) (Signed by Magistrate Judge Ronald L. Ellis on 2/9/2012) (ab)
January 31, 2012 Opinion or Order Filing 50 PRETRIAL CONFERENCE ORDER: Pretrial Conference set for 2/21/2012 at 10:00 AM in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ronald L. Ellis, and as further set forth in this document. (Signed by Magistrate Judge Ronald L. Ellis on 1/31/2012) (cd)
January 23, 2012 Opinion or Order Filing 49 STATUS REPORT ORDER: The parties are directed to electronically submit a joint status report on or before February 3, 2012 summarizing the progress of the litigation and how they wish to proceed. (Signed by Judge Andrew L. Carter, Jr on 1/23/2012) (cd)
January 19, 2012 Opinion or Order Filing 48 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Ronald L. Ellis. (Signed by Judge Andrew L. Carter, Jr on 1/19/2012) (mro)
January 13, 2012 Filing 47 NOTICE OF CASE REASSIGNMENT to Judge Andrew L. Carter, Jr. Judge Paul G. Gardephe is no longer assigned to the case. (pgu)
December 6, 2011 Opinion or Order Filing 46 ORDER: granting #42 Motion to Serve. For the reasons stated above, it is ordered that service may be made on Defendants Hi-Films, Adrian Peredo Luna, and Gabriela Peredo Luna by certified mail. It is further ordered that service shall be made by December 20, 2011.The Clerk of the Court is directed to terminate the motion (Dkt. No. 42). SO ORDERED.(Signed by Judge Paul G. Gardephe on 12/06/2011) (ama)
August 22, 2011 Filing 45 ENDORSED LETTER addressed to Judge Paul G. Gardephe from Li Yu dated 8/16/2011 re: This Office represents plaintiff Export-Import Bank of the United States ("Ex-Im"). I write respectfully to propose a briefing schedule for the Rule 4(f)(3) motion for alternative service motion, which Ex-Im filed on July 26, 2011. I contacted Ms. Bermudez, counsel for Mr. Peredo Luna, and Ms. Bermudez proposed (i) that her client be given until September 12, 2011, to submit any papers in opposition to Ex-Im's motion, and (ii) that Ex-Im's reply would be due by September 26, 2011. ENDORSEMENT: The Application is granted. ( Responses due by 9/12/2011, Replies due by 9/26/2011.) (Signed by Judge Paul G. Gardephe on 8/22/2011) (lmb)
July 26, 2011 Filing 44 MEMORANDUM OF LAW in Support re: #42 MOTION to Serve Defendants in Mexico by Alternative Means.. Document filed by Export-Import Bank of the United States. (Yu, Li)
July 26, 2011 Filing 43 AFFIRMATION of Li Yu in Support re: #42 MOTION to Serve Defendants in Mexico by Alternative Means.. Document filed by Export-Import Bank of the United States. (Attachments: #1 Exhibit 1 to Yu Decl., #2 Exhibit 2 to Yu Decl., #3 Exhibit 3 to Yu Decl., #4 Exhibit 4 to Yu Decl., #5 Exhibit 5 to Yu Decl., #6 Exhibit 6 to Yu Decl.)(Yu, Li)
July 26, 2011 Filing 42 MOTION to Serve Defendants in Mexico by Alternative Means. Document filed by Export-Import Bank of the United States.(Yu, Li)
June 15, 2011 Opinion or Order Filing 41 ORDER: After consultation with the parties during a 6/14/2011 telephone conference the following schedule is set: 1. The Government shall send by 6/28/2011, any submissions to the Mexican authorities in connection with service of the summons and complaint pursuant to the Hague Convention. 2. The Government shall file by 7/26/2011, its motion for permission to serve by alternative means under Federal Rule Civil Procedure 4(f)(3). If the Government fails to do so by such date, the Court will entertain an application by Defendants to file a motion to dismiss for failure to serve. A telephone conference will be held on 7/27/2011 at 5:30 p.m. (EST). The parties are directed to initiate the call and then call Chambers at 212-805-0224. ( Government submission due by 6/28/2011. Motions due by 7/26/2011. Telephone Conference set for 7/27/2011 at 05:30 PM before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 6/14/2011) (ja)
June 14, 2011 Minute Entry for proceedings held before Judge Paul G. Gardephe: Telephone Conference held on 6/14/2011. (mr)
May 17, 2011 Opinion or Order Filing 40 ENDORSED LETTER addressed to Judge Paul G. Gardephe from Li Yu, dated 5/16/2011, re: Counsel for the Plaintiff Export-Import Bank of the United States writes to request a two-week extension of the due date of the motion for alternative service from May 17 to May 31, 2011. ENDORSEMENT: The Application is granted. SO ORDERED. (Motions due by 5/31/2011) (Signed by Judge Paul G. Gardephe on 5/17/2011) (lnl)
May 5, 2011 Opinion or Order Filing 39 ORDER: It is hereby ORDERED that there shall be a telephone conference in the above-captioned action on June 6, 2011 at 5:30 p.m. It is further ORDERED that the Government shall submit by May 17, 2011, its motion for permission to serve by alternative means under Federal Rule of Civil Procedure 4(f)(3). The Government is also directed to submit a letter to the Court by May 31, 2011, regarding the status of the bankruptcy proceeding in the Southern District of California. (Signed by Judge Paul G. Gardephe on 5/4/2011) (jpo)
March 15, 2011 Filing 38 Letter addressed to Judge Paul G. Gardephe from Li Yu, dated 3/7/2011, re: This Office represents plaintiff Export-lmport Bank of the United States ("Ex-1m") in the above-referenced action. In accordance with the Court's direction, I write respectfully to provide an update on Ex-1m's efforts to serve three defendants currently residing in Mexico -Hi-Films S.A. de C.V., Adrian Peredo Luna, and Gabriela Peredo Luna (collectively, the "Mexican Defendants"). I will advise the Court promptly once I receive a response from the Mexican Authority. In the event that the Mexican Authority continues to refuse to effect service pursuant to the Hague Convention, Ex-1m likely will seek leave pursuant to Federal Rule of Civil Procedure 4(f)(3) to effect service by alternative means. Document filed by Export-Import Bank of the United States. (lnl)
March 9, 2011 Filing 37 Letter addressed to Judge Paul G. Gardephe from Li Yu, dated 3/7/2011, re: This Office represents plaintiff Export-Import Bank of the United States ("Ex-Im") in the above-referenced action. In accordance with the Court's direction, I write respectfully to provide an update on Ex-Im's efforts to serve three defendants currently residing in Mexico - Hi-Films S.A de C.V., Adrian Pereda Luna, and Gabriela Pereda Luna (collectively, the "Mexican Defendants"). (Exhibit C) (lnl)
March 9, 2011 Filing 36 Letter addressed to Judge Paul G. Gardephe from Li Yu, dated 2/4/2011, re: This Office represents plaintiff Export-Import Bank of the United States ("Ex-Im") in the above-referenced action. In accordance with the Court's direction, I write respectfully to provide an update on Ex-Im's position as to defendant Miguel Angel Peredo Luna's Chapter 7 proceeding in the United States Bankruptcy Court for the Southern District of California. (Exhibit B) (lnl)
March 9, 2011 Filing 35 Letter addressed to Judge Paul G. Gardephe from Li Yu, dated 9/18/2009, re: This Office represents plaintiff the Export-Import Bank of the United States ("Ex-Im") in the above-referenced action. I write respectfully to seek leave of the Court to serve three interrogatories on defendant Miguel Angel Peredo Luna, to obtain the current addresses for defendants Hi-Films S.A. de C.V., Adrian Peredo Luna and Gabriela Peredo Luna. (Exhibit A) (lnl)
March 9, 2011 Opinion or Order Filing 34 ENDORSED LETTER addressed to Judge Paul G. Gardephe from Nadia P. Bermudez, dated 3/8/2011, re: Please find enclosed the following correspondence from Mr. Li Yu, Assistant U.S, Attorney, to your Honor: Letter dated September 18, 2009; Letter dated February 4, 2011; and Letter dated March 7, 2011. The enclosures are marked, respectively, as A, B, and C. I respectfully request that the attached correspondence be docketed and made part of the Court's record. ENDORSEMENT: The Application is granted. SO ORDERED. (Signed by Judge Paul G. Gardephe on 3/9/2011) (lnl)
March 9, 2011 Opinion or Order Filing 33 ORDER, that there shall be a telephone conference in the above-captioned action on May 3, 2011 at 5:30 p.m. (Telephone Conference set for 5/3/2011 at 05:30 PM before Judge Paul G. Gardephe) (Signed by Judge Paul G. Gardephe on 3/9/2011) (lnl)
February 7, 2011 Opinion or Order Filing 32 ENDORSED LETTER addressed to Judge Paul G. Gardephe from Li Yu, dated 2/4/2011, re: Counsel for plaintiff Export-Import Bank of the United States ("Ex-Im") writes to request that the Court provide the opportunity to submit a further update in early April 2011. ENDORSEMENT: The Application is granted. The Government will provide its next status report on April 4, 2011. SO ORDERED. (Status Report due by 4/4/2011) (Signed by Judge Paul G. Gardephe on 2/7/2011) (lnl)
January 7, 2011 Opinion or Order Filing 31 ORDER: It is hereby ORDERED that the Government will submit a letter to this Court by February 7, 2011 regarding whether the Government will challenge the bankruptcy filed on November 4, 2010 by Defendant Miguel Angel Peredo Luna in the Southern District of California. It is further ORDERED that there shall be a telephone conference in the above-captioned action on March 7, 2011 at 5:30 p.m. (Signed by Judge Paul G. Gardephe on 1/7/2011) (jpo)
January 7, 2011 Minute Entry Telephone Conference held on 1/7/2011, ( Telephone Conference set for 3/7/2011 at 05:30 PM before Judge Paul G. Gardephe.). (mr) Modified on 1/7/2011 (mr).
November 10, 2010 Filing 30 NOTICE of FILING BANKRUPTCY PETITION AND OF THE AUTOMATIC STAY. Document filed by Miguel Angel Peredo Luna. (Cutler, Gary)
October 27, 2010 Opinion or Order Filing 29 ORDER All Discovery due by 12/27/2010. Telephone Conference set for 1/7/2011 at 10:45 AM before Judge Paul G. Gardephe. (Signed by Judge Paul G. Gardephe on 10/27/10) (cd)
October 5, 2010 Opinion or Order Filing 28 ORDER: It is hereby ORDERED that there shall be a telephone conference in the above-captioned action at 4:00 p.m. on October 26, 2010. The parties are directed to initiate the call and then call Chambers at 212-805-0224. (Signed by Judge Paul G. Gardephe on 10/5/2010) (jfe)
September 24, 2010 Opinion or Order Filing 27 MEMORANDUM OPINION AND ORDER #99477 denying re: #11 MOTION to Dismiss for Lack of Jurisdiction, filed by Miguel Angel Peredo Luna. The Clerk of the Court to terminate (docket no. 11) (Signed by Judge Paul G. Gardephe on 9/24/10) (cd) Modified on 9/28/2010 (eef).
January 15, 2010 Filing 26 AFFIDAVIT of Miguel Angel Peredo Luna in Support re: #11 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Miguel Angel Peredo Luna. (Cutler, Gary)
January 15, 2010 Filing 25 RESPONSE in Support re: #11 MOTION to Dismiss for Lack of Jurisdiction. Response to Surreply. Document filed by Miguel Angel Peredo Luna. (Cutler, Gary)
January 6, 2010 Filing 24 ENDORSED LETTER addressed to Judge Paul G. Gardephe from Nadia P. Bermudez dated 1/4/2010 re: Counsel requests that this Court grant Mr. Peredo two weeks to respond to Plaintiff's Surreply, such that a response, if any, will be filed by 1/18/2010. ENDORSEMENT: The Application is granted. (Signed by Judge Paul G. Gardephe on 1/6/2010) (tro) (tro).
January 4, 2010 Filing 23 DECLARATION of Li Yu in Opposition re: #11 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Export-Import Bank of the United States. (Yu, Li)
January 4, 2010 Filing 22 BRIEF re: #11 MOTION to Dismiss for Lack of Jurisdiction. Sur-reply of the Export-Import Bank of the United States. Document filed by Export-Import Bank of the United States.(Yu, Li)
January 4, 2010 Filing 21 ENDORSED LETTER addressed to Judge Paul G. Gardephe from Li Yu dated 12/30/09 re: Request to file a sur-reply. ENDORSEMENT: The Application is granted. (Signed by Judge Paul G. Gardephe on 12/31/09) (cd)
October 16, 2009 Opinion or Order Filing 20 ORDER: Defendant's motion for reconsideration is DENIED. Defendant is reminded of this Court's direction-in its October 8, 2009 Order-that he respond to Plaintiff's interrogatories by October 23, 2009. So Ordered (Signed by Judge Paul G. Gardephe on 10/15/09) (js)
October 9, 2009 Opinion or Order Filing 19 ORDER; Accordingly, Plaintiff's request for leave to serve interrogatories on Defendant Miguel Angel Peredo Luna is granted, and he is directed to answer these interrogatories by 10/23/09. (Signed by Judge Paul G. Gardephe on 10/8/09) (tro)
September 25, 2009 Opinion or Order Filing 18 ORDER: It is hereby ordered that Plaintiff Export-Import Bank of the United States shall submit a response to Defendant Peredo's September 22, 2009 letter, via fax with a simultaneous copy to opposing counsel, no later than 5:00 p.m. on October 2, 2009. It is further ORDERED that there shall be a telephone conference in this action on October 8, 2009 at 10:00 a.m. to discuss Plaintiffs proposed interrogatories. The parties are directed to initiate the call themselves and then call Chambers at 212-805-0224. (Signed by Judge Paul G. Gardephe on 9/25/2009) (jpo)
September 18, 2009 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Gary Leo Cutler to E-MAIL Document No. #17 Order to judgments@nysd.uscourts.gov. This document is not filed via ECF. (db)
September 18, 2009 Filing 17 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - AFFIRMATION of Proposed Order in Support re: #11 MOTION to Dismiss for Lack of Jurisdiction. Document filed by Miguel Angel Peredo Luna. (Cutler, Gary) Modified on 9/21/2009 (db).
September 18, 2009 Filing 16 DECLARATION of Miguel Angel Peredo Luna in Support re: #11 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Miguel Angel Peredo Luna. (Cutler, Gary)
September 18, 2009 Filing 15 AFFIDAVIT of Heliodoro Castaneda in Support re: #11 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Miguel Angel Peredo Luna. (Cutler, Gary)
September 18, 2009 Filing 14 REPLY MEMORANDUM OF LAW in Support re: #11 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Miguel Angel Peredo Luna. (Attachments: #1 Affidavit Supplemental Decl of H. Castenada)(Cutler, Gary)
September 18, 2009 Filing 13 DECLARATION of Eduardo Martinez in Opposition re: #11 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Export-Import Bank of the United States. (Yu, Li)
September 18, 2009 Filing 12 MEMORANDUM OF LAW in Opposition re: #11 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Export-Import Bank of the United States. (Yu, Li)
September 17, 2009 Filing 11 MOTION to Dismiss for Lack of Jurisdiction. Document filed by Miguel Angel Peredo Luna. (Attachments: #1 Memorandum of Law, #2 Affidavit H. Castenada, #3 Affidavit M. A. Peredo Luna, #4 Text of Proposed Order By M.A. Peredo Luna)(Cutler, Gary)
August 27, 2009 Opinion or Order Filing 10 ENDORSED LETTER addressed to Judge Paul G. Gardephe from Li Yu dated 8/25/09 re: counsel for plaintiff requests a four day extension of the briefing schedule for Mr. Peredo Luna's motion to dismiss so that the deadline for Ex-Im to file its opposition is extended to 9/3/09 and the deadline for the reply is extended to 9/17/09. ENDORSEMENT: The application is granted. So Ordered. (Signed by Judge Paul G. Gardephe on 8/26/09) (dle)
July 24, 2009 Opinion or Order Filing 9 ENDORSED LETTER addressed to Judge Paul G. Gardephe from Nadia P. Bermudez dated 7/23/2009 re: Counsel writes to advise that the parties have agreed to the following briefing schedule on the motion to dismiss: Plaintiff's opposition to the motion to dismiss due on August 14, 2009. Defendant's reply due on August 28, 2009. The parties request an adjournment of the pretrial conference until after the Court decides the motion to dismiss. ENDORSEMENT: The application is granted. The initial pretrial conference is adjourned without a date. So Ordered. (Signed by Judge Paul G. Gardephe on 7/24/2009) (jfe)
July 24, 2009 Set/Reset Deadlines as to Responses due by 8/14/2009 Replies due by 8/28/2009. (jfe)
July 24, 2009 CASHIERS OFFICE REMARK on #5 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 07/14/2009, Receipt Number 694176. (jd)
July 24, 2009 CASHIERS OFFICE REMARK on #6 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 07/15/2009, Receipt Number 694309. (jd)
July 20, 2009 Opinion or Order Filing 8 ORDER granting #5 Motion for Nadia P. Bermudez to Appear Pro Hac Vice for Miguel Angel Peredo Luna. (Signed by Judge Paul G. Gardephe on 7/20/2009) (jmi)
July 20, 2009 Opinion or Order Filing 7 ORDER granting #6 Motion for James N. Godes to Appear Pro Hac Vice for Miguel Angel Peredo Luna. (Signed by Judge Paul G. Gardephe on 7/20/2009) (jmi)
July 20, 2009 Transmission to Attorney Admissions Clerk. Transmitted re: #8 Order on Motion to Appear Pro Hac Vice, #7 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (jmi)
July 15, 2009 Filing 6 MOTION for James N. Godes to Appear Pro Hac Vice. Document filed by Miguel Angel Peredo Luna.(mro)
July 14, 2009 Filing 5 MOTION for Nadia P. Bermudez to Appear Pro Hac Vice. Document filed by Miguel Angel Peredo Luna.(mro)
July 13, 2009 Filing 4 NOTICE OF APPEARANCE by Gary Leo Cutler on behalf of Miguel Angel Peredo Luna (Cutler, Gary)
June 22, 2009 Filing 3 ENDORSED LETTER addressed to Judge Paul G. Gardephe from Nadia Bermudez dated 6/18/09 re: Request for an adjournment of the pretrial confernece to 7/31/09 at 10:30 am. ENDORSEMENT: The application is granted. ( Pretrial Conference set for 7/31/2009 at 10:30 AM before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 6/22/09) (cd)
June 10, 2009 Opinion or Order Filing 2 ORDER FOR INITIAL PRETRIAL CONFERENCE:... Initial Conference set for 6/29/2009 at 02:15 PM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Paul G. Gardephe. (Signed by Judge Paul G. Gardephe on 6/9/2009) (jpo)
April 8, 2009 Filing 1 COMPLAINT against Hi-Films S.A. de C.V., Miguel Angel Peredo Luna, Adrian Peredo Luna, Gabriela Peredo Luna. Document filed by Export-Import Bank of the United States.(tro) (ama).
April 8, 2009 SUMMONS ISSUED as to Hi-Films S.A. de C.V., Miguel Angel Peredo Luna, Adrian Peredo Luna, Gabriela Peredo Luna. (tro)
April 8, 2009 Case Designated ECF. (tro)
April 8, 2009 Magistrate Judge Ronald L. Ellis is so designated. (tro)

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Plaintiff: Export-Import Bank of the United States
Represented By: Li Yu
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Defendant: Hi-Films S.A. de C.V.
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Defendant: Miguel Angel Peredo Luna
Represented By: Gary Leo Cutler
Represented By: James N Godes
Represented By: Nadia Bermudez
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Defendant: Adrian Peredo Luna
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Defendant: Gabriela Peredo Luna
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