Crystal Chopin et al v. CVS Pharmacy, Inc.
| Crystal Chopin, James Patrick as Guardian Ad Litem of N.P., Minor, M. P., M.P., N.P. and F.P. |
| CVS Pharmacy Inc and Johnson & Johnson Consumer, Inc. |
| Amy M Gernon |
| 1:2022cv10023 |
| November 25, 2022 |
| US District Court for the Southern District of New York |
| Denise L Cote |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 pi Diversity-Personal Injury |
| Plaintiff |
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| Filing 43 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/13/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:22-md-03043-DLC et al..(McGuirk, Kelly) |
| Filing 42 TRANSCRIPT of Proceedings re: CONFERENCE held on 1/13/2023 before Judge Denise L. Cote. Court Reporter/Transcriber: Rebecca Forman, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/13/2023. Redacted Transcript Deadline set for 2/23/2023. Release of Transcript Restriction set for 4/24/2023.Filed In Associated Cases: 1:22-md-03043-DLC et al..(McGuirk, Kelly) |
| Filing 41 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/6/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:22-md-03043-DLC et al..(McGuirk, Kelly) |
| Filing 40 TRANSCRIPT of Proceedings re: CONFERENCE held on 1/6/2023 before Judge Denise L. Cote. Court Reporter/Transcriber: Sadie Herbert, (212) 805-0310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/13/2023. Redacted Transcript Deadline set for 2/23/2023. Release of Transcript Restriction set for 4/24/2023.Filed In Associated Cases: 1:22-md-03043-DLC et al..(McGuirk, Kelly) |
| Filing 39 AMENDED COMPLAINT against CVS Pharmacy Inc, Johnson & Johnson Consumer, Inc. with JURY DEMAND.Document filed by Crystal Chopin, James Patrick as Guardian Ad Litem of N.P., Minor, M. P., M.P., N.P., F.P.. (Attachments: #1 Exhibit Short Form Addendum, #2 Exhibit Short Form Addendum).(Watts, Mikal) |
| Filing 38 NOTICE OF APPEARANCE by Nadine S. Kohane on behalf of CVS Pharmacy Inc., CVS Pharmacy Inc, CVS Health Corporation, CVS Health Corp.. Filed In Associated Cases: 1:22-md-03043-DLC et al..(Kohane, Nadine) |
| Minute Entry for proceedings held before Judge Denise L. Cote: Status Conference held on 1/13/2023. (Court Reporter Rebecca Forman) Associated Cases: 1:22-md-03043-DLC et al.(jwh) |
| Filing 37 NOTICE OF APPEARANCE by Kenneth Harold Frenchman on behalf of L.N.K. International, Inc.. Filed In Associated Cases: 1:22-md-03043-DLC et al..(Frenchman, Kenneth) |
Filing 36
ORDER TO WITHDRAW AND SUBSTITUTE COUNSEL granting (298) Motion to Substitute Attorney. Attorney Gerald Blaine Singleton terminated in case 1:22-md-03043-DLC; granting (31) Motion to Substitute Attorney. Attorney Gerald Blaine Singleton terminated in case 1:22-cv-09072-DLC; granting (30) Motion to Substitute Attorney. Attorney Gerald Blaine Singleton terminated in case 1:22-cv-09891-DLC; granting (34) Motion to Substitute Attorney. Attorney Gerald Blaine Singleton terminated in case 1:22-cv-09994-DLC; granting (31) Motion to Substitute Attorney. Attorney Gerald Blaine Singleton terminated in case 1:22-cv-09996-DLC; granting (43) Motion to Substitute Attorney. Attorney Gerald Blaine Singleton terminated in case 1:22-cv-10020-DLC; granting (34) Motion to Substitute Attorney. Attorney Gerald Blaine Singleton terminated in case 1:22-cv-10021-DLC; granting (38) Motion to Substitute Attorney. Attorney Gerald Blaine Singleton terminated in case 1:22-cv-10022-DLC; granting (35) Motion to Substitute Attorney. Attorney Gerald Blaine Singleton terminated in case 1:22-cv-10023-DLC; granting (82) Motion to Substitute Attorney. Attorney Gerald Blaine Singleton terminated in case 1:22-cv-10026-DLC; granting (41) Motion to Substitute Attorney. Attorney Gerald Blaine Singleton terminated in case 1:22-cv-10027-DLC; granting (36) Motion to Substitute Attorney. Attorney Gerald Blaine Singleton terminated in case 1:22-cv-10029-DLC; granting (29) Motion to Substitute Attorney. Attorney Gerald Blaine Singleton terminated in case 1:22-cv-10031-DLC; granting (28) Motion to Substitute Attorney. Attorney Gerald Blaine Singleton terminated in case 1:22-cv-10034-DLC; granting (26) Motion to Substitute Attorney. Attorney Gerald Blaine Singleton terminated in case 1:22-cv-10036-DLC; granting (31) Motion to Substitute Attorney. Attorney Gerald Blaine Singleton terminated in case 1:22-cv-10040-DLC; granting (27) Motion to Substitute Attorney. Attorney Gerald Blaine Singleton terminated in case 1:22-cv-10041-DLC; granting (28) Motion to Substitute Attorney. Attorney Gerald Blaine Singleton terminated in case 1:22-cv-10042-DLC; granting (25) Motion to Substitute Attorney. Attorney Gerald Blaine Singleton terminated in case 1:22-cv-10043-DLC; granting (30) Motion to Substitute Attorney. Attorney Gerald Blaine Singleton terminated in case 1:22-cv-10044-DLC; granting (27) Motion to Substitute Attorney. Attorney Gerald Blaine Singleton terminated in case 1:22-cv-10045-DLC; granting (31) Motion to Substitute Attorney. Attorney Gerald Blaine Singleton terminated in case 1:22-cv-10046-DLC. The Court, having considered Plaintiffs' Motion to Withdraw by Consent and Substitute Counsel find it meritorious and according; IT IS ORDERED that Gerald Singleton of Singleton Schreiber, LLP be withdrawn, and Mikal Watts of Watts Guerra LLC be substituted as lead counsel of record of the above-referenced actions. SO ORDERED. (Signed by Judge Denise L. Cote on 12/29/2022) Filed In Associated Cases: 1:22-md-03043-DLC et al. (vfr)
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| Filing 35 CONSENT MOTION to Substitute Attorney. Old Attorney: Gerald Singleton, New Attorney: Mikal Watts . Document filed by L. J., Jessica Stahlke, J. G. B.P., G. B. P., Yessica Portillo, Jasmine Rios, Farran Elder, N. E. S., E. A., J. G., Tania Osuna, Tania Osuna, as Guardian Ad Litem of S.O., Minor, Ruth Gonzales, G. Q., H. G., David Giddings as Guardian Ad Litem of H.G., Minor, Katie Ritchie, Aide Soriano, Nydia Gonzalez, Tanner Corlett as Guardian Ad Litem of J.F., Minor, Jessica Flores, Erika Avila, Kymberly Cardenas, Crystal Chopin, Miesha Flournoy, Antoinette Gameroz, Natasha Antoinette Gameroz, Angelica Garcia, Lisa Garcia, Nydia Gonzalez, Rishona Richardson, Katie Richie, Angie Ruiz, Aide Soriano, Jessica Stahlke, Tania Osuna, as Guardian Ad Litem of S.O., Minor, Vanessa Valdez, Erika Avila, Maria Avila as Guardian Ad Litem of A.B., Minor, E. R., Enrique Rodriguez Avalos as Guardian Ad Litem of E.R., Minor, L. R., James Patrick as Guardian Ad Litem of N.P., Minor, Miesha Flournoy, S M, Nicole White as Guardian Ad Litem of S.M., Minor, Pernella Booker, as Guardian Ad Litem of K.V., Minor, K. V., Natasha Antoinette Gameroz, Laura Hernandez, Laura Oseguera as Guardian Ad Litem of A.H., Minor, J. M. G., Erik Thompson, as Guardian Ad Litem of C.T., Minor. (Attachments: #1 Exhibit Declaration of Gerald Singleton, #2 Text of Proposed Order to Withdraw and Substitute Counsel)Filed In Associated Cases: 1:22-md-03043-DLC et al..(Watts, Mikal) |
| Filing 34 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/2/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:22-md-03043-DLC et al..(McGuirk, Kelly) |
| Filing 33 TRANSCRIPT of Proceedings re: CONFERENCE held on 12/2/2022 before Judge Denise L. Cote. Court Reporter/Transcriber: Paula Horovitz, (212) 805-0348. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/3/2023. Redacted Transcript Deadline set for 1/13/2023. Release of Transcript Restriction set for 3/13/2023.Filed In Associated Cases: 1:22-md-03043-DLC et al..(McGuirk, Kelly) |
| Filing 32 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 11/17/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:22-md-03043-DLC et al..(McGuirk, Kelly) |
| Filing 31 TRANSCRIPT of Proceedings re: CONFERENCE held on 11/17/2022 before Judge Denise L. Cote. Court Reporter/Transcriber: Sara Beiter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/30/2022. Redacted Transcript Deadline set for 1/9/2023. Release of Transcript Restriction set for 3/9/2023.Filed In Associated Cases: 1:22-md-03043-DLC et al..(McGuirk, Kelly) |
| Filing 30 AFFIDAVIT of Amy M. Gernon re: (248 in 1:22-md-03043-DLC) Order,,,,, 28 U.S.C. 455 disclosure. Document filed by Amy M Gernon. Filed In Associated Cases: 1:22-md-03043-DLC et al..(Gernon, Amy) |
| Minute Entry for proceedings held before Judge Denise L. Cote: Telephone Status Conference held on 12/2/2022. (Court Reporter Paula Horovitz) Associated Cases: 1:22-md-03043-DLC et al.(jwh) |
| Filing 29 CASE TRANSFERRED IN from the United States District Court - District of California Central; Case Number: 2:22-cv-06407. Original file certified copy of transfer order and docket entries received. |
| CONSOLIDATED MDL CASE: Create association to 1:22-md-03043-DLC. (vba) |
| CASE ACCEPTED AS RELATED. Create association to 1:22-md-03043-DLC. Notice of Assignment to follow. (vba) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Denise L. Cote. 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..(vba) |
| Case Designated ECF. (vba) |
| 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. (vba) |
| Magistrate Judge Katharine H. Parker 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. (vba) |
| Filing 28 CONDITIONAL TRANSFER ORDER (CTO- 2) from the United States Judicial Panel on Multidistrict Litigation, MDL 3043, transferring case to USDC, Southern District of New York and assigned to Honorable Denise L. Cote. Case transferred electronically. (MD JS-6. Case Terminated.) (bm) [Transferred from California Central on 11/25/2022.] |
| Filing 27 RESPONSE filed by Plaintiffs Crystal Chopin, James Patrick as Guardian Ad Litem of N.P., Minorto Text Only Scheduling Notice,,, 25 (Singleton, Gerald) [Transferred from California Central on 11/25/2022.] |
| Filing 26 RESPONSE filed by Plaintiffs Crystal Chopin, James Patrick as Guardian Ad Litem of N.P., Minorto Text Only Scheduling Notice,,, 25 (Watts, Mikal) [Transferred from California Central on 11/25/2022.] |
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Filing 25
TEXT ENTRY (IN CHAMBERS) ORDER TO SHOW CAUSE by Judge Josephine L. Staton: It appears to this Court that this case is a tag-along case to MDL No. 3043 IN RE: Acetaminophen ASD/ADHD Products Liability Litigation. Pursuant to JPML Rule 7.1, "[a]ny party or counsel in actions previously transferred under Section 1407 shall promptly notify the Clerk of the Panel of any potential tag-along actions in which that party is also named or in which that counsel appears." Plaintiff is ordered to show cause within five (5) days from the date of this Order as to whether it has given notice in compliance with Rule 7.1. A declaration attaching a copy of the notice will be deemed sufficient compliance with this Order. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vv) [Transferred from California Central on 11/25/2022.]
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Filing 23
ORDER RE JOINT STIPULATION TO EXTEND TIME FOR DEFENDANT CVS PHARMACY, INC. TO FILE RESPONSIVE PLEADING (Doc. #18 by Judge Josephine L. Staton that CVS PHARMACY, INC.'s time to file a responsive pleading shall be extended by thirty (30) days from October 12, 2022. CVS PHARMACY, INC.'s responsive pleading shall be due on or before November 11, 2022, unless otherwise ordered by the district judge to whom this action is transferred. (jp) [Transferred from California Central on 11/25/2022.]
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| Filing 22 INITIAL STANDING ORDER FOR CIVIL CASES ASSIGNED TO JUDGE JOSEPHINE L. STATON. (vv) [Transferred from California Central on 11/25/2022.] |
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Filing 24
ORDER APPOINTING GUARDIAN AD LITEM by Magistrate Judge Gail J. Standish: Granting #21 PETITION to Appoint Guardian ad Litem. Appointing James Patrick as Guardian ad Litem for N.P. (es) [Transferred from California Central on 11/25/2022.]
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| Filing 21 Amended PETITION for Appointment of James Patrick as Guardian ad Litem for N.P. filed by Plaintiffs Crystal Chopin, James Patrick as Guardian Ad Litem of N.P., Minor. (Attachments: #1 Proposed Order) (Attorney Gerald Blaine Singleton added to party James Patrick as Guardian Ad Litem of N.P., Minor(pty:pla)) (Singleton, Gerald) [Transferred from California Central on 11/25/2022.] |
| Filing 20 Notice of Appearance or Withdrawal of Counsel: for attorney Sarah E. Johnston counsel for Defendant CVS Pharmacy, Inc.. Adding Sarah E. Johnston as counsel of record for CVS Pharmacy, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant CVS Pharmacy, Inc.. (Attorney Sarah E. Johnston added to party CVS Pharmacy, Inc.(pty:dft))(Johnston, Sarah) [Transferred from California Central on 11/25/2022.] |
| Filing 19 CERTIFICATE of Interested Parties filed by Defendant CVS Pharmacy, Inc., identifying Defendant CVS Pharmacy, Inc. is a wholly owned subsidiary of CVS Health Corporation. (Richer, Kristen) [Transferred from California Central on 11/25/2022.] |
| Filing 18 Joint STIPULATION for Extension of Time to File Responsive Pleading filed by Defendant CVS Pharmacy, Inc.. (Attachments: #1 Proposed Order)(Richer, Kristen) [Transferred from California Central on 11/25/2022.] |
| Filing 17 Notice of Appearance or Withdrawal of Counsel: for attorney Kristen Lee Richer counsel for Defendant CVS Pharmacy, Inc.. Adding Kristen L. Richer as counsel of record for CVS Pharmacy, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant CVS Pharmacy, Inc.. (Attorney Kristen Lee Richer added to party CVS Pharmacy, Inc.(pty:dft))(Richer, Kristen) [Transferred from California Central on 11/25/2022.] |
| Filing 16 PROOF OF SERVICE Executed by Plaintiff Crystal Chopin, upon Defendant CVS Pharmacy, Inc. served on 9/21/2022, answer due 10/12/2022. Service of the Summons and Complaint were executed upon Samantha Doyle agent for CT Corporation System in compliance with Federal Rules of Civil Procedure by method of service not specified.Original Summons returned. (Singleton, Gerald) [Transferred from California Central on 11/25/2022.] |
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Filing 15
MINUTES(IN CHAMBERS) ORDER DENYING PETITION and CORRECTED PETITION TO APPOINT CRYSTAL CHOPIN AS GUARDIAN AD LITEM FOR N.P. #5 #13 . by Magistrate Judge Gail J. Standish: A petition naming a non-conflicted proposed guardian should be filed no later than 30 days from the date of this Order. Denying #5 PETITION to Appoint Guardian ad Litem; Denying #13 Corrected PETITION to Appoint Guardian ad Litem. [See document for further details.] (es) [Transferred from California Central on 11/25/2022.]
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Filing 14
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01-Related Case- filed. Related Case No: 2:22-cv-03864 JLS(GJSx). Case transferred from Judge Michael W. Fitzgerald and Magistrate Judge Jean P. Rosenbluth to Judge Josephine L. Staton and Magistrate Judge Gail J. Standish for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:22-cv-06407 JLS(GJSx). Signed by Judge Josephine L. Staton (rn) [Transferred from California Central on 11/25/2022.]
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| Filing 13 Corrected PETITION for Appointment of Crystal Chopin as Guardian ad Litem for N.P. filed by Plaintiffs Crystal Chopin. (Attachments: #1 Proposed Order) (Singleton, Gerald) [Transferred from California Central on 11/25/2022.] |
| Filing 12 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: PETITION for Appointment of Crystal Chopin as Guardian ad Litem for N.P. #5 . The following error(s) was found: Other error(s) with document(s): Proposed Order Document was not submitted as separate attachment to PETITION for Appointment of Guardian ad Litem.. (sh) [Transferred from California Central on 11/25/2022.] |
| Filing 11 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Alicia D. Oneill. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (sh) [Transferred from California Central on 11/25/2022.] |
| Filing 10 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Mikal C. Watts. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (sh) [Transferred from California Central on 11/25/2022.] |
| Filing 9 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant CVS Pharmacy, Inc.. (sh) [Transferred from California Central on 11/25/2022.] |
| Filing 8 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (sh) [Transferred from California Central on 11/25/2022.] |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (sh) [Transferred from California Central on 11/25/2022.] |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Michael W. Fitzgerald and Magistrate Judge Jean P. Rosenbluth. (sh) [Transferred from California Central on 11/25/2022.] |
| Filing 5 PETITION for Appointment of Crystal Chopin as Guardian ad Litem for N.P. filed by Plaintiffs Crystal Chopin, Crystal Chopin, as Guardian Ad Litem of N.P., Minor. (Singleton, Gerald) [Transferred from California Central on 11/25/2022.] |
| Filing 4 Certification and NOTICE of Interested Parties filed by Plaintiffs Crystal Chopin, Crystal Chopin, as Guardian Ad Litem of N.P., Minor, identifying Crystal Chopin, N.P., Minor, CVS Pharmacy, Inc.. (Singleton, Gerald) [Transferred from California Central on 11/25/2022.] |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiffs Crystal Chopin, Crystal Chopin, as Guardian Ad Litem of N.P., Minor. (Singleton, Gerald) [Transferred from California Central on 11/25/2022.] |
| Filing 2 CIVIL COVER SHEET filed by Plaintiffs Crystal Chopin, Crystal Chopin, as Guardian Ad Litem of N.P., Minor. (Singleton, Gerald) [Transferred from California Central on 11/25/2022.] |
| Filing 1 COMPLAINT Receipt No: ACACDC-33944092 - Fee: $402, filed by Plaintiffs Crystal Chopin, Crystal Chopin, as Guardian Ad Litem of N.P., Minor. (Attorney Gerald Blaine Singleton added to party Crystal Chopin(pty:pla), Attorney Gerald Blaine Singleton added to party Crystal Chopin, as Guardian Ad Litem of N.P., Minor(pty:pla))(Singleton, Gerald) [Transferred from California Central on 11/25/2022.] |
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