Star Fabrics, Inc. v. Ross Stores, Inc. et al
| Star Fabrics, Inc. |
| Does 1-10, By Design L.L.C., Ross Stores Inc a Delaware corporation, individually and doing business as DD's Discounts, Gogo Apparel Inc and Steps Clothing, Inc. |
| 1:2020cv10564 |
| December 15, 2020 |
| US District Court for the Southern District of New York |
| Victor Marrero |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| Both |
Docket Report
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| Filing 60 AO 121 FORM COPYRIGHT - CASE TERMINATED- SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that a final decision was rendered on 11/30/2021 in a court action filed on the following copyright(s) in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights. (vfr) |
Filing 59
STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE: IT IS HEREBY STIPULATED, by and between the parties in the above-captioned action, by and through their designated counsel, that all claims set forth in the above-titled action, be and are hereby dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Each party to this stipulation shall bear its own costs, expenses, and attorneys' fees as incurred against one another in connection with this action. SO ORDERED. (Signed by Judge Victor Marrero on 11/30/2021) (vfr)
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| Filing 58 PROPOSED STIPULATION AND ORDER. Document filed by Star Fabrics, Inc...(Burroughs, Scott) |
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Filing 57
ORDER: granting #56 Letter Motion for Extension of Time. Request GRANTED. The parties shall have until December 6, 2021 to file a motion for voluntary dismissal. SO ORDERED. Motions due by 12/6/2021. (Signed by Judge Victor Marrero on 11/23/2021) (ama)
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| Filing 56 LETTER MOTION for Extension of Time addressed to Judge Victor Marrero from Laura M. Zaharia dated November 22, 2021. Document filed by Star Fabrics, Inc...(Zaharia, Laura) |
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Filing 55
ORDER: granting #54 Letter Motion for Extension of Time. Request GRANTED. The deadline for the parties to submit a motion for dismissal shall be extended until November 22, 2021. SO ORDERED. Motions due by 11/22/2021. (Signed by Judge Victor Marrero on 10/22/2021) (ama)
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| Filing 54 LETTER MOTION for Extension of Time addressed to Judge Victor Marrero from Laura M. Zaharia dated October 21, 2021. Document filed by Star Fabrics, Inc...(Zaharia, Laura) |
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Filing 53
ORDER The conference currently scheduled for September 20, 2021 is hereby canceled. So Ordered. (HEREBY ORDERED by Magistrate Judge Ona T. Wang) (Text Only Order) (kds)
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Filing 52
ORDER: The conference currently scheduled for September 17, 2021 is hereby canceled. So Ordered. (Signed by Judge Victor Marrero on 9/15/2021) (js) Modified on 9/15/2021 (js).
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Filing 51
MEMO ENDORSEMENT on NOTICE OF SETTLEMENT re: #50 Notice of Settlement filed by Gogo Apparel Inc, Ross Stores Inc. ENDORSEMENT: SO ORDERED. (Signed by Judge Victor Marrero on 9/09/2021) (ama)
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| Filing 50 NOTICE of Settlement . Document filed by Gogo Apparel Inc, Ross Stores Inc..(Kakar, Sumeer) |
| Filing 49 NOTICE OF CHANGE OF ADDRESS by Laura Maria Zaharia on behalf of Star Fabrics, Inc.. New Address: Doniger/Burroughs, PC, 247 Water Street, First Floor, New York, NY, United States 10038, 3105901820..(Zaharia, Laura) |
| Filing 48 NOTICE OF CHANGE OF ADDRESS by Scott Alan Burroughs on behalf of Star Fabrics, Inc.. New Address: Doniger/Burroughs, PC, 247 Water Street, First Floor, New York, NY, United States 10038, 3105901820..(Burroughs, Scott) |
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Filing 47
SCHEDULING ORDER: The Court will hold a PreSettlement Conference Scheduling Call on Monday, September 20, 2021 at 4:00 p.m. The dial in information is (866) 3901828, access code 1582687. SO ORDERED. (Telephone Conference set for 9/20/2021 at 04:00 PM before Magistrate Judge Ona T. Wang.) (Signed by Magistrate Judge Ona T. Wang on 7/29/2021) (rro)
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| Minute Entry for proceedings held before Magistrate Judge Ona T. Wang: Pre-Settlement Conference held on 7/28/2021. (Quinn, Diane) |
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Filing 46
SCHEDULING ORDER: The Court will hold a PreSettlement Conference Scheduling Call on Wednesday, July 28, 2021 at 11:30 a.m. The dial in information is (866) 3901828, access code 1582687. SO ORDERED. Telephone Conference set for 7/28/2021 at 11:30 AM before Magistrate Judge Ona T. Wang. (Signed by Magistrate Judge Ona T. Wang on 7/13/2021) (mml)
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| Set/Reset Deadlines: Fact Discovery due by 9/3/2021. (js) |
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Filing 45
ORDER granting #43 Letter Motion for Extension of Time to Complete Discovery.Request Granted. Fact discovery will hereby close no later than September 3, 2021. The case management conference currently scheduled for August 20, 2021 is hereby adjourned to September 17, 2021 at 3:00 p.m. So Ordered. (Signed by Judge Victor Marrero on 7/1/2021) (js)
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Filing 44
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Ona T. Wang. eforth all correspondence pertaining to case management, scheduling and pretrial proceedings in this action, including amendments of an approved Case Management Plan, extensions of any deadlines, discovery disputes, non-dispositive pretrial motions, and any other proceedings prior to the completion of all discovery, shall be addressed to the designated Magistrate Judge in the first instance, except as may be otherwise authorized by the Court or the Magistrate Judge, and provided that with regard to matters referred to the Magistrate Judge on consent under 28 U.S.C. 636(c), all such communications shall be addressed solely to the Magistrate Judge. So Ordered. (Signed by Judge Victor Marrero on 7/1/2021) (js)
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| Set/Reset Deadlines: (Case Management Conference set for 9/17/2021 at 03:00 PM before Judge Victor Marrero.) (js) Modified on 7/14/2021 (js). |
| Filing 43 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Victor Marrero from Kalpana Nagampalli dated 06/30/2021. Document filed by Gogo Apparel Inc, Ross Stores Inc..(Nagampalli, Kalpana) |
| Filing 42 STIPULATION OF DISMISSAL OF CLAIMS RELATED TO DESIGN 63382: IT IS HEREBY STIPULATED, by and between the parties in the above-captioned action, by and through their designated counsel, that all claims related to Design 63382 (Subject Design C in the First Amended Complaint, Dkt. #33) in the above-referenced action, be and are hereby dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). (Signed by Judge Victor Marrero on 5/28/2021) (mro) Modified on 6/2/2021 (mro). |
| Filing 41 PROPOSED STIPULATION AND ORDER. Document filed by Star Fabrics, Inc...(Burroughs, Scott) |
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Filing 40
STIPULATION AND AGREED UPON PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Victor Marrero on 4/26/2021) (mml)
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| Filing 39 PROPOSED PROTECTIVE ORDER. Document filed by Gogo Apparel Inc, Ross Stores Inc..(Kakar, Sumeer) |
| Filing 38 ANSWER to #33 Amended Complaint with JURY DEMAND. Document filed by Ross Stores Inc..(Nagampalli, Kalpana) |
| Filing 37 ANSWER to #33 Amended Complaint with JURY DEMAND. Document filed by Gogo Apparel Inc..(Nagampalli, Kalpana) |
| Filing 36 ELECTRONIC SUMMONS ISSUED as to Steps Clothing, Inc...(pc) |
| Filing 35 REQUEST FOR ISSUANCE OF SUMMONS as to STEPS CLOTHING, INC., a New Jersey Corporation, re: #33 Amended Complaint. Document filed by Star Fabrics, Inc...(Burroughs, Scott) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Scott Alan Burroughs to RE-FILE Document No. #34 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Remove the "on the first amended complaint" from the "Summons in a civil action" caption;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) |
| Filing 34 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to STEPS CLOTHING, INC., a New Jersey Corporation, re: #33 Amended Complaint. Document filed by Star Fabrics, Inc...(Burroughs, Scott) Modified on 3/10/2021 (pc). |
| Filing 33 FIRST AMENDED COMPLAINT against By Design L.L.C., Does, Gogo Apparel Inc, Ross Stores Inc, Steps Clothing, Inc. with JURY DEMAND.Document filed by Star Fabrics, Inc...(Burroughs, Scott) |
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Filing 32
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This case is to be tried to a jury. Do all parties consent to trial by a Magistrate Judge under 28 U.S.C. 636(c)? No. Amended Pleadings due by 4/9/2021. Joinder of Parties due by 4/9/2021. expert Deposition due by 9/21/2021. Depositions 8/3/2021 Fact Discovery due by 8/3/2021. Expert Discovery due by 9/21/2021. Case Management Conference set for 8/20/2021 at 03:00 PM before Judge Victor Marrero. The conference scheduled for June 18, 2021 is hereby adjourned. So Ordered (Signed by Judge Victor Marrero on 3/9/2021) (js)
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Filing 31
STIPULATION TO ALLOW THE FILING OF A FIRST AMENDED COMPLAINT: IT IS HEREBY STIPULATED that, subject to the Courts approval: Star's First Amended Complaint, a copy of which is attached hereto as Exhibit 1, shall be filed; and Defendants reserve all rights and defenses, and any Defendant that has previously filed an Answer in this action may file a renewed responsive pleading within 21 days of the filing of the First Amended Complaint. Should any Defendant that has previously filed an Answer not file a renewed responsive pleading, its answer to the previous complaint will be deemed responsive to the First Amended Complaint. Any Defendant that has not previously filed a responsive pleading shall file a responsive pleading within 21 days of their respective service of the First Amended Complaint. So Stipulated. So Ordered. Motions terminated: #30 MOTION for Leave to File First Amended Complaint . filed by Star Fabrics, Inc. (Signed by Judge Victor Marrero on 3/9/2021) (js)
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| Filing 30 MOTION for Leave to File First Amended Complaint . Document filed by Star Fabrics, Inc.. (Attachments: #1 Exhibit 1 - Proposed First Amended Complaint).(Burroughs, Scott) |
| Filing 29 MOTION for Extension of Time of Discovery Deadlines. Document filed by Star Fabrics, Inc.. (Attachments: #1 Exhibit 1 - Proposed Amend CMP).(Burroughs, Scott) |
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Filing 28
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This case is to be tried to a jury. Do all parties consent to trial by a Magistrate Judge under 28 U.S. C. 636(c)? No. In the event the case is to proceed to trial, a firm trial date and the deadline for submission of the Joint Pretrial Order and related documents shall be scheduled at the pretrial conference following either the completion of all discovery or the Court's ruling on any dispositive motion. The Joint Pretrial Order should be prepared in accordance with Judge Marrero's Individual Practices. If this action is to be tried before a jury, proposed voir dire and jury instructions shall be filed with the Joint Pretrial Order. No motion for summary judgment shall be served after the deadline fixed for the Joint Pretrial Order. Amended Pleadings due by 4/9/2021. Joinder of Parties due by 4/9/2021. Deposition due by 7/23/2021. Depositions 6/4/2021 Fact Discovery due by 6/4/2021. Expert Discovery due by 7/23/2021. Case Management Conference set for 6/18/2021 at 03:00 PM before Judge Victor Marrero. So Ordered (Signed by Judge Victor Marrero on 1/25/2021) (js)
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| Filing 27 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Star Fabrics, Inc.. (Attachments: #1 Appendix [Proposed] Case Management Plan and Scheduling Order).(Burroughs, Scott) |
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Filing 26
ORDER: The parties are directed to submit a joint letter no later than January 22, 2021 addressing the following in separate paragraphs: (1) a brief description of the case, including the factual and legal bases for the claim(s) and defense(s); (2) any contemplated motions; (3) the prospect for settlement; and (4) whether the parties consent to proceed for all purposes before the Magistrate Judge designated for this action. The parties are also directed to submit a completed Case Management Plan. The Case Management Plan must provide that discovery is to be completed within four months unless otherwise permitted by the Court. A model Case Management Plan is available on the Court's website: https://nysd.uscourts.gov/hon-victor-marrero. Submissions must be made in accordance with Judge Marrero's Emergency Individual Rules and Practices in Light of COVID-19, available at the Court's website. (Signed by Judge Victor Marrero on 12/28/2020) (jca)
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| Filing 25 ANSWER to Complaint with JURY DEMAND. Document filed by Gogo Apparel Inc, Ross Stores Inc..(Kakar, Sumeer) |
| Filing 24 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Ross Stores Inc..(Kakar, Sumeer) |
| Filing 23 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Gogo Apparel Inc..(Kakar, Sumeer) |
| Document filed by Gogo Apparel Inc, Ross Stores Inc..(Kakar, Sumeer) |
| Filing 22 NOTICE OF APPEARANCE by Sumeer Kakar on behalf of Gogo Apparel Inc, Ross Stores Inc..(Kakar, Sumeer) |
| Filing 21 NOTICE OF APPEARANCE by Kalpana Nagampalli on behalf of Gogo Apparel Inc, Ross Stores Inc..(Nagampalli, Kalpana) |
| Filing 20 NOTICE OF APPEARANCE by Laura Maria Zaharia on behalf of Star Fabrics, Inc...(Zaharia, Laura) |
| Filing 19 CASE TRANSFERRED IN from the United States District Court - District of California Central; Case Number: 2:20-cv-09383. Original file certified copy of transfer order and docket entries received. (sjo) |
| Case Designated ECF. (sjo) |
| Magistrate Judge Ona T. Wang is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sjo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Victor Marrero. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions. (sjo) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo) |
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Filing 18
ORDER ON JOINT STIPULATION TO TRANSFER THE ACTION TO THE SOUTHERN DISTRICT OF NEW YORK #17 by Judge R. Gary Klausner that This action is hereby transferred from the U.S. District Court for the 19 Central District of California to the U.S. District Court for the Southern District of 20 New York pursuant to, inter alia, 28 USC 1404. Case transferred electronically. (MD JS-6. Case Terminated.) (jp) [Transferred from California Central on 12/15/2020.]
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| Filing 17 STIPULATION to Transfer Case to Southern District of New York filed by Defendants By Design, LLC, Gogo Apparel, Inc., Ross Stores, Inc.. (Attachments: #1 Proposed Order)(Attorney Ryan R Gordon added to party By Design, LLC(pty:dft))(Gordon, Ryan) [Transferred from California Central on 12/15/2020.] |
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Filing 16
ORDER DENIED ON STIPULATION TO [SECOND] EXTEND AND CONSOLIDATE DATE TO FILE A RESPONSIVE PLEADING #15 by Judge R. Gary Klausner. (lom) [Transferred from California Central on 12/15/2020.]
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| Filing 15 Second STIPULATION for Extension of Time to File Answer to 12/22/2020 re Complaint (Attorney Civil Case Opening) #1 filed by Defendants Gogo Apparel, Inc., Ross Stores, Inc.. (Attachments: #1 Proposed Order [PROPOSED] ORDER ON STIPULATION TO [SECOND] EXTEND AND CONSOLIDATE DATE TO FILE A RESPONSIVE PLEADING)(Attorney Ryan R Gordon added to party Gogo Apparel, Inc.(pty:dft), Attorney Ryan R Gordon added to party Ross Stores, Inc.(pty:dft))(Gordon, Ryan) [Transferred from California Central on 12/15/2020.] |
| Filing 14 STIPULATION Extending Time to Answer the complaint as to Ross Stores, Inc. answer now due 12/4/2020, re Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Star Fabrics, Inc..(Doniger, Stephen) [Transferred from California Central on 12/15/2020.] |
| Filing 13 PROOF OF SERVICE Executed by Plaintiff Star Fabrics, Inc., upon Defendant By Design, LLC served on 10/19/2020, answer due 11/9/2020. Service of the Summons and Complaint were executed upon Cogency Global Inc. c/o Jolita Quinadara\Registered Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Doniger, Stephen) [Transferred from California Central on 12/15/2020.] |
| Filing 12 WAIVER OF SERVICE Returned Executed filed by defendant Gogo Apparel, Inc.. upon Gogo Apparel, Inc. waiver sent by Plaintiff on 10/23/2020, answer due 12/22/2020. Waiver of Service signed by 10/26/2020. (Gordon, Ryan) [Transferred from California Central on 12/15/2020.] |
| Filing 11 PROOF OF SERVICE Executed by Plaintiff Star Fabrics, Inc., upon Defendant Ross Stores, Inc. served on 10/15/2020, answer due 11/5/2020. Service of the Summons and Complaint were executed upon C T Corporation System c/o Daisy Montenegro\Registered Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Doniger, Stephen) [Transferred from California Central on 12/15/2020.] |
| Filing 10 NOTICE OF DISMISSAL OF CLAIMS RELATED TO DESIGN 63887 filed by Plaintiff Star Fabrics, Inc.. (Doniger, Stephen) [Transferred from California Central on 12/15/2020.] |
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Filing 9
STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge R. Gary Klausner. (jre) [Transferred from California Central on 12/15/2020.]
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| Filing 8 21 DAY Summons issued re Complaint #1 as to defendants By Design, LLC, Gogo Apparel, Inc., Star Fabrics, Inc. (esa) [Transferred from California Central on 12/15/2020.] |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) [Transferred from California Central on 12/15/2020.] |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge R. Gary Klausner and Magistrate Judge Jean P. Rosenbluth. (esa) [Transferred from California Central on 12/15/2020.] |
| Filing 5 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Star Fabrics, Inc.. (Doniger, Stephen) [Transferred from California Central on 12/15/2020.] |
| Filing 4 REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by Star Fabrics, Inc.. (Doniger, Stephen) [Transferred from California Central on 12/15/2020.] |
| Filing 3 NOTICE of Interested Parties filed by Plaintiff Star Fabrics, Inc., identifying ROSS STORES, INC., GOGO APPAREL, INC., BY DESIGN, LLC. (Doniger, Stephen) [Transferred from California Central on 12/15/2020.] |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Star Fabrics, Inc.. (Doniger, Stephen) [Transferred from California Central on 12/15/2020.] |
| Filing 1 COMPLAINT Receipt No: ACACDC-28510196 - Fee: $400, filed by Plaintiff Star Fabrics, Inc.. (Attorney Stephen M Doniger added to party Star Fabrics, Inc.(pty:pla))(Doniger, Stephen) [Transferred from California Central on 12/15/2020.] |
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