Laura Hernandez et al v. Walmart, Inc.
| Laura Hernandez, Laura Oseguera as Guardian Ad Litem of A.H., Minor and A.H. |
| WALMART INC. and Johnson & Johnson Consumer, Inc. |
| Amy M Gernon |
| 1:2022cv10042 |
| 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 |
Docket Report
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This docket was last retrieved on February 22, 2024. A more recent docket listing may be available from PACER.
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Filing 35
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)
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Filing 34
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)
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Filing 33
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)
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Filing 32
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)
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Filing 31
AMENDED COMPLAINT against WALMART INC., Johnson & Johnson Consumer, Inc. with JURY DEMAND.Document filed by Laura Oseguera as Guardian Ad Litem of A.H., Minor, Laura Hernandez, A.H...(Watts, Mikal)
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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)
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Filing 30
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)
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Filing 29
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 28
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)
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Filing 27
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)
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Filing 26
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)
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Filing 25
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)
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Filing 24
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)
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Filing 23
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)
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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)
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Filing 22
CASE TRANSFERRED IN from the United States District Court - District of California Central; Case Number: 2:22-cv-06098. Original file certified copy of transfer order and docket entries received.
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Case Designated ECF. (vba)
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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)
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CONSOLIDATED MDL CASE: Create association to 1:22-md-03043-DLC. (vba)
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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)
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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)
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CASE ACCEPTED AS RELATED. Create association to 1:22-md-03043-DLC. Notice of Assignment to follow. (vba)
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Filing 21
Conditional Transfer Order - CTO-4 from the United States Judicial Panel on Multidistrict Litigation, MDL 3043, transferring case to USDC, Southern District of New York and assigned to Honorable Honorable Denise L. Cote. Case transferred electronically. (MD JS-6. Case Terminated.) (rolm) [Transferred from California Central on 11/25/2022.]
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Filing 20
RESPONSE filed by Plaintiffs Laura Hernandez, Laura Oseguera as Guardian Ad Litem of A.H., Minorto Text Only Scheduling Notice,,, 18 (Singleton, Gerald) [Transferred from California Central on 11/25/2022.]
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Filing 19
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 18
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 17
ORDER APPOINTING GUARDIAN AD LITEM by Magistrate Judge Gail J. Standish: Granting #16 PETITION to Appoint Guardian ad Litem. Appointing Laura Oseguera as Guardian ad Litem for A.H. (es) [Transferred from California Central on 11/25/2022.]
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Filing 16
Amended PETITION for Appointment of Laura Oseguera as Guardian ad Litem for A.H. filed by Plaintiffs Laura Hernandez, Laura Oseguera as Guardian Ad Litem of A.H., Minor. (Attachments: #1 Proposed Order) (Attorney Gerald Blaine Singleton added to party Laura Oseguera as Guardian Ad Litem of A.H., Minor(pty:pla)) (Singleton, Gerald) [Transferred from California Central on 11/25/2022.]
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Filing 15
PROOF OF SERVICE Executed by Plaintiff Laura Hernandez, upon Defendant Walmart, Inc. served on 9/21/2022, answer due 10/12/2022. Service of the Summons and Complaint were executed upon Sari Miller, 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 14
MINUTE ORDER (IN CHAMBERS) ORDER REQUIRING AN AMENDED PETITION TO APPOINT GUARDIAN AD LITEM by Magistrate Judge Gail J. Standish: Plaintiff SHALL file an Amended Petition naming a non-conflicted proposed guardian no later than October 21, 2022. See Order for further details. (es) [Transferred from California Central on 11/25/2022.]
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Filing 13
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 Dale S. Fischer to Judge Josephine L. Staton for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:22-cv-06098 JLS(GJSx). Signed by Judge Josephine L. Staton (rn) [Transferred from California Central on 11/25/2022.]
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Filing 12
PETITION FOR GUARDIAN AD LITEM; AND ORDER by Magistrate Judge Gail J. Standish: Granting #5 PETITION to Appoint Guardian ad Litem. Appointing Laura Hernandez as Guardian ad Litem for A.H. (es) [Transferred from California Central on 11/25/2022.]
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Filing 11
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Walmart, Inc.. (sh) [Transferred from California Central on 11/25/2022.]
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Filing 10
NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Alicia D O Neill. 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.]
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Filing 9
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.]
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Filing 8
Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (sh) [Transferred from California Central on 11/25/2022.]
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Filing 7
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (sh) [Transferred from California Central on 11/25/2022.]
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Filing 6
NOTICE OF ASSIGNMENT to District Judge Dale S. Fischer and Magistrate Judge Gail J. Standish. (sh) [Transferred from California Central on 11/25/2022.]
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Filing 5
PETITION for Appointment of Laura Hernandez as Guardian ad Litem for A.H. filed by Plaintiffs Laura Hernandez, Laura Hernandez, as Guardian Ad Litem of A.H., Minor. (Singleton, Gerald) [Transferred from California Central on 11/25/2022.]
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Filing 4
Certification and NOTICE of Interested Parties filed by Plaintiffs Laura Hernandez, Laura Hernandez, as Guardian Ad Litem of A.H., Minor, identifying Laura Hernandez, A.H., Minor, Walmart, Inc.. (Singleton, Gerald) [Transferred from California Central on 11/25/2022.]
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Filing 3
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiffs Laura Hernandez, Laura Hernandez, as Guardian Ad Litem of A.H., Minor. (Singleton, Gerald) [Transferred from California Central on 11/25/2022.]
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Filing 2
CIVIL COVER SHEET filed by Plaintiffs Laura Hernandez, Laura Hernandez, as Guardian Ad Litem of A.H., Minor. (Singleton, Gerald) [Transferred from California Central on 11/25/2022.]
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Filing 1
COMPLAINT Receipt No: ACACDC-33885387 - Fee: $402, filed by Plaintiffs Laura Hernandez, Laura Hernandez, as Guardian Ad Litem of A.H., Minor. (Attorney Gerald Blaine Singleton added to party Laura Hernandez(pty:pla), Attorney Gerald Blaine Singleton added to party Laura Hernandez, as Guardian Ad Litem of A.H., Minor(pty:pla))(Singleton, Gerald) [Transferred from California Central on 11/25/2022.]
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