MOB Holdings, I, LLC et al vs Starr Surplus Insurance Company
| HR Holdings, LLC, SC 3 Properties, LLC, MOB Holdings, I, LLC, MOB Holdings II, LLC, Optasia I, LLC, 3621 Veterans, LLC, EJMOB, LLC and 3939 DR1, LLC |
| Starr Surplus Lines Insurance Company |
| Hurricane Ida Program Administrator |
| 1:2024cv04825 |
| June 25, 2024 |
| U.S. District Court for the Southern District of New York |
| Katherine Polk Failla |
| Insurance |
| 28 U.S.C. § 1332 in Diversity-Insurance Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 21, 2024. A more recent docket listing may be available from PACER.
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Filing 40
ORDER FOR ADMISSION PRO HAC VICE granting #39 Motion for Stephanie R. Tippit to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hae Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. The Clerk of Court is directed to terminate pending motion at docket entry 39. (Signed by Judge Katherine Polk Failla on 8/21/2024) (sgz)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #39 MOTION for Stephanie R. Tippit 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. (bc) |
| Filing 39 MOTION for Stephanie R. Tippit to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Starr Surplus Lines Insurance Company. (Attachments: #1 Affidavit Stephanie R. Tippit, #2 Exhibit A - Certificates of Good Standing, #3 Proposed Order granting Motion to Appear Pro Hac Vice).(Tippit, Stephanie) |
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Filing 38
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). Depositions of fact witnesses shall be completed by April 30, 2025. This case is to be tried to a jury. Counsel for the parties have conferred and the present best estimate of the length of trial is 5-10 days. The next pretrial conference is scheduled for May 13, 2025 at 11:00 a.m. in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York 10007. Deposition due by 6/30/2025. Fact Discovery due by 4/30/2025. Expert Discovery due by 6/30/2025. Pretrial Conference set for 5/13/2025 at 11:00 AM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 8/20/2024) (sgz)
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| Minute Entry for proceedings held before Judge Katherine Polk Failla: Initial Pretrial Conference held on 8/20/2024. Attorney Skye Sturlese Fantaci representing Plaintiffs present. Attorney Taylor Saris representing Defendant present. The Court will endorse the proposed case management plan. (Court Reporter recorded) (tn) |
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Filing 37
ORDER FOR ADMISSION PRO HAC VICE granting #35 Motion for Skye Sturlese Fantaci to Appear Pro Hac Vice. The Clerk of Court is directed to terminate the pending motion at docket entry 35. (Signed by Judge Katherine Polk Failla on 8/15/2024) (vfr)
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| Filing 36 PROPOSED CASE MANAGEMENT PLAN. Document filed by Starr Surplus Lines Insurance Company. (Attachments: #1 Exhibit Proposed Order).(Saris, Taylor) |
| Filing 35 MOTION for Skye Sturlese Fantaci to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by 3621 Veterans, LLC, 3939 DR1, LLC, EJMOB, LLC, HR Holdings, LLC, MOB Holdings II, LLC, MOB Holdings, I, LLC, Optasia I, LLC, SC 3 Properties, LLC. (Attachments: #1 Affidavit Skye Sturlese Fantaci, #2 Exhibit Supreme Court of Good Standing, #3 Proposed Order Order).(Fantaci, Skye) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #35 MOTION for Skye Sturlese Fantaci 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. (rju) |
| Filing 34 FILING ERROR - PDF ERROR - MOTION for Skye Sturlese Fantaci to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29744108. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by 3621 Veterans, LLC, 3939 DR1, LLC, EJMOB, LLC, HR Holdings, LLC, MOB Holdings II, LLC, MOB Holdings, I, LLC, Optasia I, LLC, SC 3 Properties, LLC. (Attachments: #1 Affidavit Affidavit of Skye Sturlese Fantaci, #2 Exhibit LA State Bar of Good Standing, #3 Proposed Order Order).(Fantaci, Skye) Modified on 8/13/2024 (bc). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #34 MOTION for Skye Sturlese Fantaci to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29744108. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Louisiana;. 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.. (bc) |
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Filing 33
ORDER FOR ADMISSION PRO HAC VICE granting #32 Motion for Taylor M. Saris to Appear Pro Hac Vice. The Clerk of Court is directed to terminate the pending motion at docket entry 32. SO ORDERED. (Signed by Judge Katherine Polk Failla on 8/5/2024) (vfr)
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| Filing 32 MOTION for Taylor M. Saris to Appear Pro Hac Vice including Certificate of Good Standing from Texas Supreme Court. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Starr Surplus Lines Insurance Company. (Attachments: #1 Affidavit Taylor M. Saris, #2 Exhibit A - Certificate of Good Standing, #3 Proposed Order granting Motion to Appear Pro Hac Vice).(Saris, Taylor) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #32 MOTION for Taylor M. Saris to Appear Pro Hac Vice including Certificate of Good Standing from Texas Supreme Court. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju) |
| Filing 31 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Stephanie R. Tippit to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29690964. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Starr Surplus Lines Insurance Company. (Attachments: #1 Affidavit Stephanie R. Tippit, #2 Exhibit A - Certificate of Good Standing, #3 Proposed Order granting Motion to Appear Pro Hac Vice).(Tippit, Stephanie) Modified on 8/1/2024 (rju). |
| Filing 30 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Taylor M. Saris to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29690883. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Starr Surplus Lines Insurance Company. (Attachments: #1 Affidavit Taylor M. Saris, #2 Exhibit A - Certificate of Good Standing, #3 Proposed Order granting Motion to Appear Pro Hac Vice).(Saris, Taylor) Modified on 8/1/2024 (rju). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #31 MOTION for Stephanie R. Tippit to Appear Pro Hac Vice Filing fee $ 200.00, receipt number ANYSDC-29690964 Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Texas; Supreme Court of Louisiana; Supreme Court of Mississippi; 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. (rju) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #30 MOTION for Taylor M. Saris to Appear Pro Hac Vice Filing fee $ 200.00, receipt number ANYSDC-29690883 Motion and supporting papers to be reviewed by Clerk's Office staff The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Texas; 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. (rju) |
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Filing 29
NOTICE OF INITIAL PRETRIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on August 20, 2024, at 11:00 a.m. The conference will be held telephonically. At the scheduled date and time, the parties are to call (888) 363-4749 and enter access code 5123533. Initial Conference set for 8/20/2024 at 11:00 AM before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 7/18/2024) (rro)
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| Filing 28 CASE TRANSFERRED IN from the United States District Court - District of Louisiana Eastern; Case Number: 2:23-cv-02183. 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 Designated ECF. (vba) |
| Magistrate Judge Barbara C. Moses is designated to handle matters that may be referred in this case. 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 OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Katherine Polk Failla. 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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Filing 27
ORDER AND REASONS: IT IS ORDERED that Defendant Starr Surplus Insurance Company's #11 motion to transfer venue is GRANTED. In accordance with 28 U.S.C. 1404(a) and the Policy's mandatory forum-selection clause, this case is TRANSFERRED to the United States District Court for the Southern District of New York. The #12 motion to opt out of the Streamlined Settlement Program is DENIED as moot. Signed by Judge Brandon S. Long on 06/17/2024.(js) [Transferred from Louisiana Eastern on 6/25/2024.]
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Filing 26
ORDER TRANSFERRING CASE. Case transferred to Judge Brandon S. Long. Chief Judge Nannette Jolivette Brown no longer assigned to case. Signed by Chief Judge Nannette Jolivette Brown on 12/27/2023.(lag) [Transferred from Louisiana Eastern on 6/25/2024.]
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| Filing 25 HURRICANE IDA CLAIMS Fourth Amendment to CMO No. 1. Signed by Chief Judge Nannette Jolivette Brown on 12/12/2023.(lag) [Transferred from Louisiana Eastern on 6/25/2024.] |
| Filing 24 REPLY to Response to Motion filed by Starr Surplus Lines Insurance Company re #12 Motion to Opt Out of Streamlined Settlement Program Defendant Starr Surplus Lines Insurance Company's Reply Brief in Support of its Motion to Opt-Out of Streamlined Settlement Program. (Tippit, Stephanie) [Transferred from Louisiana Eastern on 6/25/2024.] |
| Filing 23 RESPONSE/MEMORANDUM in Opposition filed by 3621 Veterans, LLC, 3939 DR1, LLC, EJMOB, LLC, HR Holdings, LLC, MOB Holdings II, LLC, MOB Holdings, I, LLC, Optasia I, LLC re #12 Motion to Opt Out of Streamlined Settlement Program . (Fantaci, Skye) [Transferred from Louisiana Eastern on 6/25/2024.] |
| Filing 22 REPLY to Response to Motion filed by Starr Surplus Lines Insurance Company re #11 MOTION to Transfer Venue. (Tippit, Stephanie) Modified text on 11/13/2023 (mp). [Transferred from Louisiana Eastern on 6/25/2024.] |
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Filing 21
ORDER granting #20 Motion to Lift Stay of Litigation and to Reset Deadlines for Pending Motions. FURTHER ORDERED that the stay in this case is lifted and the matter is returned to the streamlined settlement program. FURTHER ORDERED that Defendant's deadline to file a Reply Memorandum to Plaintiff's Memorandum in Opposition to Defendant's #11 Motion to Transfer Venue is November 10, 2023, and Defendant's Motion to Transfer Venue is reset for submission on November 29, 2023. FURTHER ORDERED that Plaintiffs' deadline to file an Opposition Memorandum to Defendant's Motion to Opt Out of the SSP is November 10, 2023, Defendant's deadline to file a Reply Memorandum to Plaintiff's #12 Opposition Memorandum is November 17, 2023, and Defendant's Motion to Out of the SSP is reset for submission on November 29, 2023. Signed by Chief Judge Nannette Jolivette Brown on November 2, 2023. (mp) [Transferred from Louisiana Eastern on 6/25/2024.]
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| Filing 20 EXPARTE/CONSENT Joint MOTION to Lift Stay of Litigation and to Reset Deadlines for Pending Motions by All Plaintiffs, Starr Surplus Lines Insurance Company. (Attachments: #1 Proposed Order)(Tippit, Stephanie) Modified event/text on 11/2/2023 (mp). [Transferred from Louisiana Eastern on 6/25/2024.] |
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Filing 19
ORDER re #16 Motion to Stay Proceedings Pending Mediation: IT IS HEREBY ORDERED that the Motion is GRANTED in part to the extent that the above-captioned action is STAYED and ADMINISTRATIVELY CLOSED for a period of 30 days. FURTHER ORDERED that, unless settlement is consummated, the parties shall file a motion to lift the stay within 30 days of this Order. Signed by Chief Judge Nannette Jolivette Brown on August 23, 2023. (mp) [Transferred from Louisiana Eastern on 6/25/2024.]
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| Filing 18 Correction of Docket Entry by Clerk re #17 MOTION to Continue Submission Dates on Defendant's Motion to Opt-Out and Motion to Transfer Venue. Filing attorney incorrectly changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the district judge. Clerk took corrective action. (mp) [Transferred from Louisiana Eastern on 6/25/2024.] |
| Filing 17 EXPARTE/CONSENT MOTION to Continue Submission Dates on Defendant's Motion to Opt-Out and Motion to Transfer Venue by 3621 Veterans, LLC, 3939 DR1, LLC, EJMOB, LLC, HR Holdings, LLC, MOB Holdings II, LLC, MOB Holdings, I, LLC, Optasia I, LLC, SC 3 Properties, LLC. (Attachments: #1 Proposed Order)(Fantaci, Skye) Modified on 8/23/2023 (mp). [Transferred from Louisiana Eastern on 6/25/2024.] |
| Filing 16 EXPARTE/CONSENT Joint MOTION to Stay Proceedings Pending Mediation by MOB Holdings, I, LLC, Optasia I, LLC, SC 3 Properties, LLC, EJMOB, LLC, HR Holdings, LLC, MOB Holdings II, LLC, 3621 Veterans, LLC, 3939 DR1, Starr Surplus Lines Insurance Company. (Attachments: #1 Proposed Order)(Tippit, Stephanie) Modified text on 8/18/2023 (mp). [Transferred from Louisiana Eastern on 6/25/2024.] |
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Filing 15
ORDERED that Plaintiffs' #14 Request for Oral Argument on #11 MOTION to Transfer Venue is DENIED. Signed by Chief Judge Nannette Jolivette Brown on 8/17/2023.(jls) [Transferred from Louisiana Eastern on 6/25/2024.]
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| Filing 14 Request/Statement of Oral Argument by 3621 Veterans, LLC, 3939 DR1, LLC, EJMOB, LLC, HR Holdings, LLC, MOB Holdings II, LLC, MOB Holdings, I, LLC, Optasia I, LLC, SC 3 Properties, LLC regarding #11 MOTION to Transfer Venue . (Fantaci, Skye) [Transferred from Louisiana Eastern on 6/25/2024.] |
| Filing 13 RESPONSE/MEMORANDUM in Opposition filed by 3621 Veterans, LLC, 3939 DR1, LLC, EJMOB, LLC, HR Holdings, LLC, MOB Holdings II, LLC, MOB Holdings, I, LLC, Optasia I, LLC, SC 3 Properties, LLC re #11 MOTION to Transfer Venue . (Attachments: #1 Exhibit Ex 1, #2 Exhibit Ex 2, #3 Exhibit Ex 3)(Fantaci, Skye) [Transferred from Louisiana Eastern on 6/25/2024.] |
| Filing 12 MOTION to Opt Out of Streamlined Settlement Program by Starr Surplus Lines Insurance Company. Motion(s) will be submitted on 8/30/2023. (Attachments: #1 Memorandum in Support, #2 Exhibit A - Policy, #3 Notice of Submission)(Tippit, Stephanie) Modified text/referral on 8/16/2023 (mp). [Transferred from Louisiana Eastern on 6/25/2024.] |
| Filing 11 MOTION to Transfer Venue by Starr Surplus Lines Insurance Company. Motion(s) will be submitted on 8/23/2023. (Attachments: #1 Memorandum in Support, #2 Exhibit A - Policy, #3 Proposed Order, #4 Notice of Submission)(Tippit, Stephanie) Modified text on 7/27/2023 (mp). [Transferred from Louisiana Eastern on 6/25/2024.] |
| Filing 10 ANSWER and Affirmative Defenses to #3 Complaint, by Starr Surplus Lines Insurance Company.Attorney Stephanie Rennell Tippit added to party Starr Surplus Lines Insurance Company(pty:dft).(Tippit, Stephanie) Modified text on 7/27/2023 (mp). [Transferred from Louisiana Eastern on 6/25/2024.] |
| Filing 9 Statement of Corporate Disclosure by 3621 Veterans, LLC, 3939 DR1, LLC, EJMOB, LLC, HR Holdings, LLC, MOB Holdings II, LLC, MOB Holdings, I, LLC, Optasia I, LLC, SC 3 Properties, LLC (Fantaci, Skye) [Transferred from Louisiana Eastern on 6/25/2024.] |
| Filing 8 SUMMONS Returned Executed; Starr Surplus Lines Insurance Company servid on 7/5/2023; answer due 7/26/2023. (Fantaci, Skye) Modified text/dates on 7/19/2023 (mp). [Transferred from Louisiana Eastern on 6/25/2024.] |
| Filing 7 SUMMONS Returned Executed; Starr Surplus Lines Insurance Company served on 6/29/2023, answer due 7/20/2023. (Fantaci, Skye) Modified text/dates on 7/19/2023 (mp). [Transferred from Louisiana Eastern on 6/25/2024.] |
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Filing 6
HURRICANE IDA CLAIMS AMENDED CASE MANAGEMENT ORDER NO. 1 with Addendum. Signed by Chief Judge Nannette Jolivette Brown on 10/25/2022.(mp) [Transferred from Louisiana Eastern on 6/25/2024.]
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| Filing 5 Summons Issued as to Starr Surplus Lines Insurance Company. (Attachments: #1 Summons)(mp) [Transferred from Louisiana Eastern on 6/25/2024.] |
| Filing 4 Initial Case Assignment to Chief Judge Nannette Jolivette Brown and Magistrate Judge Janis van Meerveld. (kls) [Transferred from Louisiana Eastern on 6/25/2024.] |
| Filing 3 COMPLAINT with jury demand against Starr Surplus Lines Insurance Company (Fee previously paid) filed by MOB Holdings II, LLC, SC 3 Properties, LLC, 3621 Veterans, LLC, Optasia I, LLC, 3939 DR1, LLC, EJMOB, LLC, MOB Holdings1 LLC, HR Holdings, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Verification, #3 Summons, #4 Summons, #5 Exhibit CMO)(Fantaci, Skye) [Transferred from Louisiana Eastern on 6/25/2024.] |
| Filing 2 *DUPLICATE FILING, see R. Doc. 3*: COMPLAINT with jury demand against Starr Surplus Lines Insurance Company (Fee previously paid) filed by MOB Holdings II, LLC, SC 3 Properties, LLC, 3621 Veterans, LLC, Optasia I, LLC, 3939 DR1, LLC, EJMOB, LLC, MOB Holdings1 LLC, HR Holdings, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Verification, #3 Summons, #4 Summons, #5 Exhibit CMO)(Fantaci, Skye) Modified on 6/27/2023 (mp). [Transferred from Louisiana Eastern on 6/25/2024.] |
| Filing 1 *DUPLICATE FILING, see R. Doc. 3*: COMPLAINT with jury demand against Starr Surplus Lines Insurance Company (Filing fee $ 402 receipt number ALAEDC-9998339) filed by MOB Holdings II, LLC, SC 3 Properties, LLC, 3621 Veterans, LLC, Optasia I, LLC, 3939 DR1, LLC, EJMOB, LLC, MOB Holdings1 LLC, HR Holdings, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Verification, #3 Summons, #4 Summons, #5 Exhibit CMO)Attorney Skye Sturlese Fantaci added to party 3621 Veterans, LLC(pty:selreq), Attorney Skye Sturlese Fantaci added to party 3939 DR1, LLC(pty:selreq), Attorney Skye Sturlese Fantaci added to party EJMOB, LLC(pty:selreq), Attorney Skye Sturlese Fantaci added to party HR Holdings, LLC(pty:selreq), Attorney Skye Sturlese Fantaci added to party MOB Holdings II, LLC(pty:selreq), Attorney Skye Sturlese Fantaci added to party MOB Holdings1 LLC(pty:selreq), Attorney Skye Sturlese Fantaci added to party Optasia I, LLC(pty:selreq), Attorney Skye Sturlese Fantaci added to party SC 3 Properties, LLC(pty:selreq).(Fantaci, Skye) Modified on 6/27/2023 (mp). [Transferred from Louisiana Eastern on 6/25/2024.] |
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