Safe Health Systems, Inc. et al v. Chris Chierchio et al
| Safe Health Systems, Inc. |
| Chris Chierchio, Chris Lumia, Joseph MacLellan, Greenspoon Marder LLP and Does 1 through 10, inclusive |
| Team Chip LLC |
| 1:2023cv05234 |
| June 21, 2023 |
| US District Court for the Southern District of New York |
| P Kevin Castel |
| Other Fraud |
| 7 U.S.C. § 25 Fraud - Commodities Leverage Contracts |
| Plaintiff |
Docket Report
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Filing 55
ORDER granting #53 Motion for David Jeff Darnell to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence)
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Filing 54
ORDER granting #52 Motion for Bryan C. Oberle to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence)
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| Filing 53 MOTION for David Jeff Darnell to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Safe Health Systems, Inc.. (Attachments: #1 Proposed Order for Admission Pro Hac Vice).(Darnell, David) |
| Filing 52 MOTION for Bryan C. Oberle to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Safe Health Systems, Inc.. (Attachments: #1 Proposed Order for Admission Pro Hac Vice).(Oberle, Bryan) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #52 MOTION for Bryan C. Oberle to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (va) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #51 MOTION for David Jeff Darnell to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number ANYSDC-28146392. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing notarized affidavit or declaration pursuant to Local Rule 1.3. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (va) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #50 MOTION for Bryan C. Oberle to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number ANYSDC-28146095. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing notarized affidavit or declaration pursuant to Local Rule 1.3. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (va) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #53 MOTION for David Jeff Darnell to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (va) |
| Filing 51 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for David Jeff Darnell to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number ANYSDC-28146392. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Safe Health Systems, Inc.. (Attachments: #1 Affidavit of the Clerk of the Supreme Court of the State of California, #2 Proposed Order for Admission Pro Hac Vice).(Darnell, David) Modified on 8/15/2023 (va). |
| Filing 50 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Bryan C. Oberle to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number ANYSDC-28146095. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Safe Health Systems, Inc. (Attachments: #1 Affidavit of the Clerk of the Supreme Court of the State of California, #2 Proposed Order for Admission Pro Hac Vice).(Oberle, Bryan) Modified on 8/15/2023 (va). |
| Filing 49 ANSWER to #1 Complaint., CROSSCLAIM against Chris Chierchio, Does, Team Chip LLC. Document filed by Greenspoon Marder LLP, Joseph MacLellan..(DiGennaro, Janice) |
| Filing 48 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Greenspoon Marder LLP, Joseph MacLellan..(DiGennaro, Janice) |
| Document filed by Greenspoon Marder LLP, Joseph MacLellan..(DiGennaro, Janice) |
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Filing 47
ORDER granting #44 Letter Motion for Extension of Time to Answer re #44 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint - Miscellaneous Letter Motion Requesting Defendants Joseph MacLellan and Greenspoon Marder LLP's Time to Respond to Plaintiffs' Complaint be extended to August 11,, #45 SECOND LETTER MOTION for Extension of Time to File Response to Plaintiff's Complaint, with Plaintiff's Consent addressed to Judge P. Kevin Castel from Avigael C. Fyman dated July 5, 2023., #1 Complaint - Miscellaneous. Greenspoon Marder LLP answer due 8/11/2023; granting #45 Letter Motion for Extension of Time to File. Application Granted. (Signed by Judge P. Kevin Castel on 7/5/23) (yv)
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| Filing 46 NOTICE OF APPEARANCE by Janice J. DiGennaro on behalf of Greenspoon Marder LLP, Joseph MacLellan..(DiGennaro, Janice) |
| Filing 45 SECOND LETTER MOTION for Extension of Time to File Response to Plaintiff's Complaint, with Plaintiff's Consent addressed to Judge P. Kevin Castel from Avigael C. Fyman dated July 5, 2023. Document filed by Greenspoon Marder LLP, Joseph MacLellan..(Fyman, Avigael) |
| Filing 44 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint - Miscellaneous Letter Motion Requesting Defendants Joseph MacLellan and Greenspoon Marder LLP's Time to Respond to Plaintiffs' Complaint be extended to August 11, 2023 addressed to Judge P. Kevin Castel from Avigael C. Fyman, Esq. dated July 3, 2023. Document filed by Greenspoon Marder LLP, Joseph MacLellan..(Fyman, Avigael) |
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Filing 43
ORDER INITIAL PRETRIAL CONFERENCE: COUNSEL FOR PLAINTIFF (OR THE REMOVING DEFENDANT) SHALL IMMEDIATELY SEND A COPY OF THIS ORDER TO ALL PARTIES. Counsel for all parties shall appear for an Initial Pretrial Conference, held pursuant to Rule 16 of the Federal Rules of Civil Procedure, September 11, 2023 at 10:30 a.m. Principal trial counsel shall appear at this and all subsequent conferences. The call-in information for all teleconferences is: Dial-in: (888) 363-4749, Access Code: 3667981. and as set forth herein. SO ORDERED.(Telephonic) Initial Conference set for 9/11/2023 at 10:30 AM before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 6/27/2023) (ama)
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| Filing 42 CASE TRANSFERRED IN from the United States District Court - District of California Central; Case Number: 2:23-cv-00543. Original file certified copy of transfer order and docket entries received. |
| 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) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge P. Kevin Castel. 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) |
| Magistrate Judge James L. Cott 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) |
| Case Designated ECF. (vba) |
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Filing 41
ORDER GRANTING GREENSPOON MARDER LLP'S AND JOSEPH MACLELLAN'S MOTION TO SEVER AND TRANSFER AND DENYING GREENSPOON MARDER LLP'S AND JOSEPH MACLELLAN'S MOTION TO DISMISS #14 , #21 by Judge Sherilyn Peace Garnett. The Court GRANTS the GM Defendants' motion to sever and transfer the Safe Health's professional malpractice claim. Accordingly, the Court severs and transfers to the Southern District of New York Health's tenth claim for professional malpractice. (iv) [Transferred from California Central on 6/21/2023.]
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| Filing 40 MINUTES OF MOTION TO DISMISS FOR LACK OF JURISDICTION #14 ; DEFENDANTS GREENSPOON MARDER LLP AND JOSEPH MACLELLAN TO SEVER THE LEGAL MALPRACTICE CLAIM AND TRANSFER IT TO THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK PURSUANT TO 28 U.S.C #21 held before Judge Sherilyn Peace Garnett. For reasons stated on the record, the Court takes the matters under submission. Orders to issue. Court Reporter: Wil Wilcox. (iv) [Transferred from California Central on 6/21/2023.] |
| Filing 39 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Motion for Default Judgment #38 . The following error(s) was/were found: Proposed Order submitted does not conform with the Courts Order. Filer must resubmit the Proposed Order in accordance with the Courts Procedures. Refer to Judges Procedures and Schedules Proposed Order Sample. Pursuant to Local Rule 5-4.4.1- Proposed orders not lodged with a main document shall be electronically lodged as an attachment to a Notice of Lodging. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. (iv) [Transferred from California Central on 6/21/2023.] |
| Filing 38 NOTICE OF MOTION AND MOTION for Default Judgment against Defendants CHRIS CHIERCHIO a.k.a. CHRIS LUMIA and TEAM CHIP LLC filed by Plaintiff Safe Health Systems, Inc.. Motion set for hearing on 7/12/2023 at 01:30 PM before Judge Sherilyn Peace Garnett. (Attachments: #1 Declaration of Ken Mayer, #2 Declaration of Bryan C. Oberle, #3 Proposed Default Judgment, #4 Proof of Service) (Oberle, Bryan) [Transferred from California Central on 6/21/2023.] |
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Filing 37
ORDER RE DEFICIENCY by Judge Sherilyn Peace Garnett. Plaintiffs Motion for Entry of Default Judgment filed at Dkt. No. #36 lacks a hearing date as required by L.R. 6-1. The motion is STRICKEN. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) TEXT ONLY ENTRY [Transferred from California Central on 6/21/2023.]
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| Filing 36 NOTICE OF MOTION AND MOTION for Default Judgment against Defendants CHRIS CHIERCHIO a.k.a. CHRIS LUMIA and TEAM CHIP LLC filed by Plaintiff Safe Health Systems, Inc.. (Attachments: #1 Declaration of Ken Mayer, #2 Declaration of Bryan C. Oberle, #3 Proposed Default Judgment, #4 Proof of Service) (Oberle, Bryan) [Transferred from California Central on 6/21/2023.] |
| Filing 35 REPLY in support of NOTICE OF MOTION AND MOTION to Sever the Legal Malpractice Claim and Transfer it Pursuant to 28 U.S.C. 1404(a) to the United States District Court for the Southern District of New York #21 filed by Defendants Greenspoon Marder LLP, Joseph MacLellan. (Sohal, Vikram) [Transferred from California Central on 6/21/2023.] |
| Filing 34 OPPOSITION to Defendants Greenspoon Marder LLP and Joseph Maclellan's Motion re: NOTICE OF MOTION AND MOTION to Sever the Legal Malpractice Claim and Transfer it Pursuant to 28 U.S.C. 1404(a) to the United States District Court for the Southern District of New York #21 filed by Plaintiff Safe Health Systems, Inc.. (Attachments: #1 Declaration of Ken Mayer)(Oberle, Bryan) [Transferred from California Central on 6/21/2023.] |
| Filing 33 DECLARATION of Joseph Maclellan In support of NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #14 filed by Defendant Joseph MacLellan. (McCarthy, Michael) [Transferred from California Central on 6/21/2023.] |
| Filing 32 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Chris Chierchio aka Chris Lumia. (iv) [Transferred from California Central on 6/21/2023.] |
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Filing 31
(IN CHAMBERS) ORDER by Judge Sherilyn Peace Garnett. Due to the substantial similarities between Defendants Greenspoon Marder LLPs and Joseph MacLellans Motion to Dismiss (ECF No. 14) and motion to sever and transfer (ECF No. 21), the Court hereby advances the hearing on Defendants motion to dismiss from April 26, 2023 to May 24, 2023, so that both motions may be heard together. The parties briefing schedule for Defendants motion to sever and transfer remains unchanged. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) TEXT ONLY ENTRY [Transferred from California Central on 6/21/2023.]
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| Filing 30 REQUEST for Clerk to Enter Default against Defendant Chris Chierchio filed by Plaintiff Safe Health Systems, Inc.. (Oberle, Bryan) [Transferred from California Central on 6/21/2023.] |
| Filing 29 PROOF OF SERVICE Executed by Plaintiff Safe Health Systems, Inc., upon Defendant Service of the Summons and Complaint were executed upon Lisa Chierchio in compliance with Federal Rules of Civil Procedure by substituted service at home address and by also mailing a copy.Original Summons returned. AMENDED (Oberle, Bryan) [Transferred from California Central on 6/21/2023.] |
| Filing 28 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Team Chip LLC a Wyoming limited liability company. (lom) [Transferred from California Central on 6/21/2023.] |
| Filing 27 NOTICE OF DEFICIENCY Re: REQUEST for Clerk to Enter Default against Defendants Chris Chierchio, Team Chip LLC #26 . The Clerk cannot enter the requested relief as: The name of the person served does not exactly match the person named in complaint. Proof of Service is lacking required information. Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. (lom) [Transferred from California Central on 6/21/2023.] |
| Filing 26 REQUEST for Clerk to Enter Default against Defendants Chris Chierchio, Team Chip LLC filed by Plaintiff Safe Health Systems, Inc.. (Oberle, Bryan) [Transferred from California Central on 6/21/2023.] |
| Filing 25 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #14 filed by Defendants Greenspoon Marder LLP, Joseph MacLellan. (Attachments: #1 Declaration [SUPPLEMENTAL] of Joseph MacLellan)(Sohal, Vikram) [Transferred from California Central on 6/21/2023.] |
| Filing 24 PROOF OF SERVICE filed by Plaintiff Safe Health Systems, Inc., re Request for Judicial Notice #23 , Objection/Opposition (Motion related), #22 IN SUPPORT OF PLAINTIFF'S OPPOISITION TO DEFENDANTS' MOTION TO DISMISS served on April 5, 2023. (Oberle, Bryan) [Transferred from California Central on 6/21/2023.] |
| Filing 23 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #14 IN SUPPORT OF PLAINTIFF'S OPPOSITION filed by Plaintiff Safe Health Systems, Inc.. (Oberle, Bryan) [Transferred from California Central on 6/21/2023.] |
| Filing 22 OPPOSITION re: NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #14 filed by Plaintiff Safe Health Systems, Inc.. (Attachments: #1 Declaration of Ken Mayer, #2 Declaration of Bryan C. Oberle)(Oberle, Bryan) [Transferred from California Central on 6/21/2023.] |
| Filing 21 NOTICE OF MOTION AND MOTION to Sever the Legal Malpractice Claim and Transfer it Pursuant to 28 U.S.C. 1404(a) to the United States District Court for the Southern District of New York filed by Defendants Greenspoon Marder LLP, Joseph MacLellan. Motion set for hearing on 5/24/2023 at 01:30 PM before Judge Sherilyn Peace Garnett. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Joseph MacLellan, #3 Proposed Order) (Sohal, Vikram) [Transferred from California Central on 6/21/2023.] |
| Filing 20 PROOF OF SERVICE Executed by Plaintiff Safe Health Systems, Inc., upon Defendant Chris Chierchio served on 3/13/2023, answer due 4/3/2023. Service of the Summons and Complaint were executed upon Lisa Chierchio in compliance with Federal Rules of Civil Procedure by substituted service at home address and by also mailing a copy.Original Summons returned. (Oberle, Bryan) [Transferred from California Central on 6/21/2023.] |
| Filing 19 NOTICE TO FILER RE DEFICIENCY by Judge Sherilyn Peace Garnett. Pursuant to the filing of Defendants Motion to Dismiss for Lack of Jurisdiction #14 . A WordPerfect or Microsoft Word copy of the proposed document along with a PDF copy of the electronically filed main document was to be emailed to Judge Garnetts generic chambers email address in compliance with L.R. 5-4.4.2. Counsel shall email the necessary documents by March 9, 2023. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) TEXT ONLY ENTRY [Transferred from California Central on 6/21/2023.] |
| Filing 18 NOTICE of Interested Parties filed by Specially-Appearing Defendants Greenspoon Marder LLP, Joseph MacLellan, (Sohal, Vikram) [Transferred from California Central on 6/21/2023.] |
| Filing 17 [PROPOSED] ORDER re NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #14 filed by Defendants Greenspoon Marder LLP, Joseph MacLellan. (Sohal, Vikram) [Transferred from California Central on 6/21/2023.] |
| Filing 16 DECLARATION of Joseph MacLellan in support of NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #14 filed by Defendants Greenspoon Marder LLP, Joseph MacLellan. (Sohal, Vikram) [Transferred from California Central on 6/21/2023.] |
| Filing 15 DECLARATION of Rebecca Faith Bratter in support of NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #14 filed by Defendants Greenspoon Marder LLP, Joseph MacLellan. (Sohal, Vikram) [Transferred from California Central on 6/21/2023.] |
| Filing 14 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction filed by Defendants Greenspoon Marder LLP, Joseph MacLellan. Motion set for hearing on 4/26/2023 at 01:30 PM before Judge Sherilyn Peace Garnett. (Attachments: #1 Memorandum) (Sohal, Vikram) [Transferred from California Central on 6/21/2023.] |
| Filing 13 PROOF OF SERVICE Executed by Plaintiff Safe Health Systems, Inc., upon Defendant Joseph MacLellan served on 1/30/2023, answer due 3/7/2023. Service of the Summons and Complaint were executed upon Joseph MacLellan in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Oberle, Bryan) [Transferred from California Central on 6/21/2023.] |
| Filing 12 PROOF OF SERVICE Executed by Plaintiff Safe Health Systems, Inc., upon Defendant Greenspoon Marder LLP served on 1/30/2023, answer due 3/7/2023. Service of the Summons and Complaint were executed upon "Jane Doe," Employee Authorized to Accept Service for Registered Agent in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Oberle, Bryan) [Transferred from California Central on 6/21/2023.] |
| Filing 11 PROOF OF SERVICE Executed by Plaintiff Safe Health Systems, Inc., upon Defendant Team Chip LLC served on 1/30/2023, answer due 2/21/2023. Service of the Summons and Complaint were executed upon Aileen Andrade-Authorized Employee to Accept Service in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Oberle, Bryan) [Transferred from California Central on 6/21/2023.] |
| Filing 10 STIPULATION Extending Time to Answer the complaint as to Greenspoon Marder LLP answer now due 3/7/2023; Joseph MacLellan answer now due 3/7/2023, re Complaint (Attorney Civil Case Opening) #1 filed by Defendants Greenspoon Marder LLP; Joseph MacLellan.(Attorney Vikram Sohal added to party Greenspoon Marder LLP(pty:dft), Attorney Vikram Sohal added to party Joseph MacLellan(pty:dft))(Sohal, Vikram) [Transferred from California Central on 6/21/2023.] |
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Filing 9
STANDING ORDER upon filing of the complaint by Judge Sherilyn Peace Garnett. (pg) [Transferred from California Central on 6/21/2023.]
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| Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Chris Chierchio, Greenspoon Marder LLP, Joseph MacLellan, Team Chip LLC. (ghap) [Transferred from California Central on 6/21/2023.] |
| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap) [Transferred from California Central on 6/21/2023.] |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) [Transferred from California Central on 6/21/2023.] |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Sherilyn Peace Garnett and Magistrate Judge Patricia Donahue. (ghap) [Transferred from California Central on 6/21/2023.] |
| Filing 4 NOTICE of Interested Parties filed by Plaintiff Safe Health Systems, Inc., (Darnell, David) [Transferred from California Central on 6/21/2023.] |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Safe Health Systems, Inc.. (Darnell, David) [Transferred from California Central on 6/21/2023.] |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Safe Health Systems, Inc.. (Darnell, David) [Transferred from California Central on 6/21/2023.] |
| Filing 1 COMPLAINT Receipt No: ACACDC-34672211 - Fee: $402, filed by Plaintiff Safe Health Systems, Inc.. (Attorney David J Darnell added to party Safe Health Systems, Inc.(pty:pla))(Darnell, David) [Transferred from California Central on 6/21/2023.] |
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