Andrew Rose v. International Business Machines Corporation et al
| Andrew Rose |
| International Business Machines Corporation and Johnson and Johnson Health Care Systems, Inc. |
| 1:2024cv05311 |
| July 15, 2024 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Consumer Credit |
| 28 U.S.C. § 1331 bc Fed. Question: Breach of Contract |
| Plaintiff |
Docket Report
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| Filing 51 CASE TRANSFERRED IN from the United States District Court - District of California Central; Case Number: 2:23-cv-09123. Original file certified copy of transfer order and docket entries received. |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Paul A. Engelmayer. 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 Sarah L. Cave 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 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) |
| Filing 50 MINUTES (IN CHAMBERS) by Judge Mark C. Scarsi: ORDER ON MOTION TO TRANSFER (ECF No. 43). Defendants International Business Machines Corp. and Johnson & JohnsonHealth Care Systems, Inc. ("Janssen") (together, "Defendants") again move totransfer the case to the United States District Court for the Southern District of New York, ("S.D.N.Y"). (Mot., ECF No. 43.) Plaintiff Andrew Rose opposed the motion, (Opp'n, ECF No. 44), and Defendants replied, (Reply, ECF No. 46).1 The Court deems the motion appropriate for decision without oral argument. Defendants motion is GRANTED #43 . The Court directs the Clerk to effect thetransfer immediately and close the case in this district. Case Electronically transferred to the US District Court for Southern District of New York on 6/25/2024. MD JS-6. Case Terminated. (lc) [Transferred from California Central on 7/15/2024.] |
| Filing 49 RESPONSE filed by Defendants International Business Machines Corporation, Johnson and Johnson Health Care Systems, Inc.to Objection/Opposition (Motion related), #48 Defendants International Business Machines Corp. and Johnson & Johnson Health Care Sys. Inc.'s Response to Plaintiff's Objection to Defendants' Reply in Support of Their Motion to Transfer (Bladow, Robyn) [Transferred from California Central on 7/15/2024.] |
| Filing 48 OBJECTION TO DEFENDANTS' REPLY re: NOTICE OF MOTION AND MOTION to Transfer Case to Southern District of New York Defendants International Business Machines Corp. and Johnson & Johnson Health Care Sys. Inc.'s Notice of Motion and Renewed Motion to Transfer California Action #43 filed by Plaintiff Andrew Rose. (Travis, Ben) [Transferred from California Central on 7/15/2024.] |
Filing 47
TEXT ONLY ENTRY (In Chambers) ORDER by Judge Mark C. Scarsi: Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds the Motion to Transfer #43 appropriate for decision without oral argument. The hearing set for 06/03/24 is hereby vacated and the matter taken off calendar. The matter will be deemed submitted on the vacated hearing date. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (wm) TEXT ONLY ENTRY [Transferred from California Central on 7/15/2024.]
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| Filing 46 REPLY In Support NOTICE OF MOTION AND MOTION to Transfer Case to Southern District of New York Defendants International Business Machines Corp. and Johnson & Johnson Health Care Sys. Inc.'s Notice of Motion and Renewed Motion to Transfer California Action #43 filed by Defendants International Business Machines Corporation, Johnson and Johnson Health Care Systems, Inc.. (Attachments: #1 Supplemental Declaration of Julia Kiechel in Support of International Business Machines Corp. and Johnson & Johnson Health Care Sys. Inc.'s Renewed Motion to Transfer)(Bladow, Robyn) [Transferred from California Central on 7/15/2024.] |
| Filing 45 NOTICE of Change of address by Robyn Eileen Bladow attorney for Defendants International Business Machines Corporation, Johnson and Johnson Health Care Systems, Inc.. Changing attorneys address to Kirkland & Ellis LLP, 333 W. Wolf Point Plaza, Chicago, Illinois 60654. Filed by Defendants International Business Machines Corporation, Johnson and Johnson Health Care Systems, Inc.. (Bladow, Robyn) [Transferred from California Central on 7/15/2024.] |
| Filing 44 MEMORANDUM in Opposition to Motion to Transfer filed by Plaintiff Andrew Rose. (Swigart, Joshua) [Transferred from California Central on 7/15/2024.] |
| Filing 43 NOTICE OF MOTION AND MOTION to Transfer Case to Southern District of New York Defendants International Business Machines Corp. and Johnson & Johnson Health Care Sys. Inc.'s Notice of Motion and Renewed Motion to Transfer California Action filed by Defendants International Business Machines Corporation, Johnson and Johnson Health Care Systems, Inc.. Motion set for hearing on 6/3/2024 at 09:00 AM before Judge Mark C. Scarsi. (Attachments: #1 Declaration of Robyn E. Bladow in Support of Defendants International Business Machines Corp. and Johnson & Johnson Health Care Sys. Inc.'s Renewed Motion to Transfer, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Declaration of Julia Kiechel in Support of Defendants International Business Machines Corp. and Johnson & Johnson Health Care Sys. Inc.'s Renewed Motion to Transfer, #17 Exhibit 1, #18 Proposed Order) (Bladow, Robyn) [Transferred from California Central on 7/15/2024.] |
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Filing 42
ORDER GRANTING STIPULATION FOR EXTENSION OF TIME TO ANSWER PLAINTIFFS' COMPLAINT AND TO SET A BRIEFING SCHEDULE FOR RENEWED MOTION TO TRANSFER #41 by Judge Mark C. Scarsi: 1. The deadline for Defendants to answer or respond to the Amended Class Action Complaint shall be extended until either (a) 21 days after the Court denies Defendant's motion to transfer, or (b) 21 days after the docketing of this case in the transferee court, unless the transferee court orders otherwise; and 2. The following deadlines shall apply to Defendants' motion to transfer: (a) Defendants renewed motion to transfer shall be filed on or before April 12, 2024; (b) any opposition by Plaintiff shall be filed on or before May 3, 2024; (c) any reply by Defendants shall be filed on or before May 17, 2024; and (d) the motion to transfer shall be set on the Courts calendar for argumenton June 3, 2024, at 9:00 a.m. (lc) [Transferred from California Central on 7/15/2024.]
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| Filing 41 STIPULATION for Extension of Time to File Answer to Shall be extended until either (a) 21 days after this Court denies Defendants' motion to transfer of (b) 21 days after the docketing of this case in the transferee court re Amended Complaint/Petition #20 filed by Defendants International Business Machines Corporation, Johnson and Johnson Health Care Systems, Inc.. (Attachments: #1 Declaration of Robyn E. Bladow in Support of Stipulation for Extension of Time to Answer Plaintiffs' Complaint and to Set a Briefing Schedule for Renewed Motion to Transfer, #2 Proposed Order)(Bladow, Robyn) [Transferred from California Central on 7/15/2024.] |
| Filing 40 MINUTES (IN CHAMBERS) by Judge Mark C. Scarsi: ORDER ON MOTION TO TRANSFER #30 . Defendants International Business Machines Corp. and Johnson & JohnsonHealth Care Systems, Inc. Motion to transfer case to US District Court for Southern District of New York is DENIED. (SEE DOCUMENT FOR SPECIFICS). (lc) [Transferred from California Central on 7/15/2024.] |
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Filing 39
TEXT ONLY ENTRY (IN CHAMBERS) ORDER TAKING MOTION (ECF No. #30 ) UNDER SUBMISSION by Judge Mark C. Scarsi: The Court has considered the matters raised with respect to the Motion to Transfer Case to the United States District Court for the Southern District of New York (ECF No. #30 ) and has concluded that pursuant to Local Rule 7.15, the matter can be decided without oral argument. The Court advises counsel that the Motion(s), noticed for hearing on March 4, 2024, has been taken under submission and off its motion calendar. No appearance by counsel is necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smo) [Transferred from California Central on 7/15/2024.]
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| Filing 38 REPLY In Support of Motion NOTICE OF MOTION AND MOTION to Transfer Case to United States District Court for the Southern District of New York #30 filed by Defendants International Business Machines Corporation, Johnson and Johnson Health Care Systems, Inc.. (Bladow, Robyn) [Transferred from California Central on 7/15/2024.] |
| Filing 37 OPPOSITION re: NOTICE OF MOTION AND MOTION to Transfer Case to United States District Court for the Southern District of New York #30 filed by Plaintiff Andrew Rose. (Loker, Matthew) [Transferred from California Central on 7/15/2024.] |
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Filing 36
ORDER GRANTING APPLICATION of Non-Resident Attorney Martin L. Roth to Appear Pro Hac Vice on behalf of Defendants International Business Machines Corporation, Johnson and Johnson Health Care Systems, Inc. and designating Robyn E. Bladow as local counsel #26 by Judge Mark C. Scarsi. (lc) [Transferred from California Central on 7/15/2024.]
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Filing 35
ORDER GRANTING APPLICATION of Non-Resident Attorney Anne M. Sidrys to Appear Pro Hac Vice on behalf of Defendants International Business Machines Corporation, Johnson and Johnson Health Care Systems, Inc. designating Robyn E. Bladow as local counsel #28 by Judge Mark C. Scarsi. (lc) [Transferred from California Central on 7/15/2024.]
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Filing 34
ORDER GRANTING APPLICATION of Non-Resident Attorney Keith Holt to Appear Pro Hac Vice on behalf of Defendants International Business Machines Corporation, Johnson and Johnson Health Care Systems, Inc. and designating Robyn E. Bladow as local counsel #27 by Judge Mark C. Scarsi. (lc) [Transferred from California Central on 7/15/2024.]
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| Filing 33 APPLICATION of Non-Resident Attorney Martin L. Roth to Appear Pro Hac Vice on behalf of Defendants International Business Machines Corporation, Johnson and Johnson Health Care Systems, Inc. (Pro Hac Vice Fee - $500.00 Previously Paid on 1/5/2024, Receipt No. ACACDC36675791) filed by Defendants International Business Machines Corporation, Johnson and Johnson Health Care Systems, Inc.. (Attachments: #1 Proposed Order) (Bladow, Robyn) [Transferred from California Central on 7/15/2024.] |
| Filing 32 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: APPLICATION of Non-Resident Attorney Martin L. Roth to Appear Pro Hac Vice on behalf of Defendants International Business Machines Corporation, Johnson and Johnson Health Care Systems, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-36 #26 by Judge Mark C. Scarsi. The document is stricken. (smo) [Transferred from California Central on 7/15/2024.] |
| Filing 31 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Martin L. Roth to Appear Pro Hac Vice on behalf of Defendants International Business Machines Corporation, Johnson and Johnson Health Care Systems, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-36 #26 . The following error(s) was/were found: The application is unsigned by local counsel. (sbou) [Transferred from California Central on 7/15/2024.] |
| Filing 30 NOTICE OF MOTION AND MOTION to Transfer Case to United States District Court for the Southern District of New York filed by Defendants International Business Machines Corporation, Johnson and Johnson Health Care Systems, Inc.. Motion set for hearing on 3/4/2024 at 09:00 AM before Judge Mark C. Scarsi. (Attachments: #1 Declaration of Shankar Iyer, #2 Declaration of Julia Kiechel, #3 Declaration of Robyn Bladow, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J, #14 Exhibit K, #15 Exhibit L, #16 Exhibit M, #17 Proposed Order) (Bladow, Robyn) [Transferred from California Central on 7/15/2024.] |
| Filing 28 APPLICATION of Non-Resident Attorney Anne M. Sidrys to Appear Pro Hac Vice on behalf of Defendants International Business Machines Corporation, Johnson and Johnson Health Care Systems, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-36676067) filed by Defendants International Business Machines Corporation, Johnson and Johnson Health Care Systems, Inc.. (Attachments: #1 Proposed Order) (Bladow, Robyn) [Transferred from California Central on 7/15/2024.] |
| Filing 27 APPLICATION of Non-Resident Attorney Keith Holt to Appear Pro Hac Vice on behalf of Defendants International Business Machines Corporation, Johnson and Johnson Health Care Systems, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-36676009) filed by Defendants International Business Machines Corporation, Johnson and Johnson Health Care Systems, Inc.. (Attachments: #1 Proposed Order) (Bladow, Robyn) [Transferred from California Central on 7/15/2024.] |
| Filing 26 APPLICATION of Non-Resident Attorney Martin L. Roth to Appear Pro Hac Vice on behalf of Defendants International Business Machines Corporation, Johnson and Johnson Health Care Systems, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-36675791) filed by Defendant International Business Machines Corporation, Johnson and Johnson Health Care Systems, Inc.. (Attachments: #1 Proposed Order) (Attorney Robyn Eileen Bladow added to party Johnson and Johnson Health Care Systems, Inc.(pty:dft)) (Bladow, Robyn) [Transferred from California Central on 7/15/2024.] |
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Filing 29
ORDER GRANTING APPLICATION of Non-Resident Attorney Anne M. Sidrys to Appear Pro Hac Vice on behalf of Defendant International Business Machines Corporation designating Robyn E. Bladow as local counsel #24 by Judge Mark C. Scarsi. (lc) [Transferred from California Central on 7/15/2024.]
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Filing 25
ORDER GRANTING APPLICATION of Non-Resident Attorney Keith M. Holt to Appear Pro Hac Vice on behalf of Defendant International Business Machines Corporation and designating Robyn E. Bladow as local counsel #23 by Judge Mark C. Scarsi. (lc) [Transferred from California Central on 7/15/2024.]
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| Filing 24 APPLICATION of Non-Resident Attorney Anne M. Sidrys to Appear Pro Hac Vice on behalf of Defendant International Business Machines Corporation (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-36660164) filed by Defendant International Business Machines Corporation. (Attachments: #1 Proposed Order) (Bladow, Robyn) [Transferred from California Central on 7/15/2024.] |
| Filing 23 APPLICATION of Non-Resident Attorney Keith M. Holt to Appear Pro Hac Vice on behalf of Defendant International Business Machines Corporation (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-36647196) filed by Defendant International Business Machines Corporation. (Attachments: #1 Proposed Order) (Bladow, Robyn) [Transferred from California Central on 7/15/2024.] |
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Filing 22
ORDER GRANTING STIPULATION FOR EXTENSION OF TIME TO ANSWER PLAINTIFFS' COMPLAINT AND TO SET A BRIEFING SCHEDULE FOR MOTION TO TRANSFER #21 by Judge Mark C. Scarsi: 1. The deadline for Defendants to answer or respond to the Amended Class Action Complaint shall be extended until either (a) 30 days after the Court denies Defendant's motion to transfer, or (b) 30 days after the docketing of this case in the transferee court; and 2. The following deadlines shall apply to Defendants motion to transfer: (a) Defendants' motion to transfer shall be filed on or before January 8, 2024; (b) any opposition by Plaintiff shall be filed on or before January 22, 2024; (c) any reply by Defendants shall be filed on or before February 5, 2024. (d) the motion to transfer shall be set on the Court's calendar for argument on March 4, 2024, at 9:00 a.m., or such date thereafter conducive to the Court's schedule (lc) [Transferred from California Central on 7/15/2024.]
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| Filing 21 STIPULATION for Extension of Time to File Answer to To Answer or Respond to the Amended Class Action Complaint shall be extended until either a) 30 days after the Court denies Defendant's Motion to Transfer, or b) 30 days after the docketing of this case in the transferee court re Amended Complaint/Petition #20 filed by Defendant International Business Machines Corporation. (Attachments: #1 Declaration of Robyn E. Bladow in Support of Stipulation for Extension of Time to Answer Plaintiff's Complaint and to Set a Briefing Schedule for Motion to Transfer, #2 Proposed Order)(Bladow, Robyn) [Transferred from California Central on 7/15/2024.] |
| Filing 20 FIRST AMENDED COMPLAINT against Defendants All Defendants amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiff Andrew Rose (Attachments: #1 Appendix Redlined Complaint)(Travis, Ben) [Transferred from California Central on 7/15/2024.] |
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Filing 19
ORDER GRANTING STIPULATION TO EXTEND TIME FOR DEFENDANTS TO RESPOND TO COMPLAINT #18 by Judge Mark C. Scarsi: The deadline for Defendants Defendants International Business Machines Corporation and Johnson & Johnson HealthCare Systems, Inc. to answer or respond to the Complaint shall be extended until January 8, 2024. No further extensions will be granted absent an extraordinary showing of good cause. (lc) [Transferred from California Central on 7/15/2024.]
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| Filing 18 STIPULATION Extending Time to Answer the complaint as to International Business Machines Corporation answer now due 12/26/2023, re Complaint (Attorney Civil Case Opening) #1 filed by Defendant International Business Machines Corporation.(Bladow, Robyn) [Transferred from California Central on 7/15/2024.] |
| Filing 17 STIPULATION for Extension of Time to File Answer to January 8, 2024 re Complaint (Attorney Civil Case Opening) #1 filed by Defendant International Business Machines Corporation. (Attachments: #1 Declaration of Robyn E. Bladow in Support of Stipulation to Extend Time for Defendants to Respond to Complaint, #2 Proposed Order)(Bladow, Robyn) [Transferred from California Central on 7/15/2024.] |
| Filing 16 Notice of Pendency of Other Actions or Proceedings filed by Defendant International Business Machines Corporation. (Bladow, Robyn) [Transferred from California Central on 7/15/2024.] |
| Filing 15 CORPORATE DISCLOSURE STATEMENT filed by Defendant International Business Machines Corporation identifying No Parent Corporation or Publicly Held Corporation as Corporate Parent. (Bladow, Robyn) [Transferred from California Central on 7/15/2024.] |
| Filing 14 Notice of Appearance or Withdrawal of Counsel: for attorney Robyn Eileen Bladow counsel for Defendant International Business Machines Corporation. Adding Robyn E. Bladow as counsel of record for International Business Machines Corporation for the reason indicated in the G-123 Notice. Filed by Defendant International Business Machines Corporation. (Attorney Robyn Eileen Bladow added to party International Business Machines Corporation(pty:dft))(Bladow, Robyn) [Transferred from California Central on 7/15/2024.] |
| Filing 13 PROOF OF SERVICE Executed by Plaintiff Andrew Rose, upon Defendant Johnson and Johnson Health Care Systems, Inc. served on 11/3/2023, answer due 11/24/2023. Service of the Summons and Complaint were executed upon Jacquelin Mejia c/o CT Corporation System, Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service (Loker, Matthew) [Transferred from California Central on 7/15/2024.] |
| Filing 12 PROOF OF SERVICE Executed by Plaintiff Andrew Rose, upon Defendant International Business Machines Corporation served on 11/3/2023, answer due 11/24/2023. Service of the Summons and Complaint were executed upon Jacquelin Mejia c/o CT Corporation System, Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service (Loker, Matthew) [Transferred from California Central on 7/15/2024.] |
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Filing 11
INITIAL STANDING ORDER FOR CIVIL CASES ASSIGNED TO JUDGE MARK C. SCARSI upon filing of the complaint by Judge Mark C. Scarsi. (smo) [Transferred from California Central on 7/15/2024.]
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| Filing 10 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Johnson and Johnson Health Care Systems, Inc. (ghap) [Transferred from California Central on 7/15/2024.] |
| Filing 9 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant International Business Machines Corporation. (ghap) [Transferred from California Central on 7/15/2024.] |
| Filing 8 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap) [Transferred from California Central on 7/15/2024.] |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) [Transferred from California Central on 7/15/2024.] |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Mark C. Scarsi and Magistrate Judge Stephanie S. Christensen. (ghap) [Transferred from California Central on 7/15/2024.] |
| Filing 5 NOTICE of Interested Parties filed by Plaintiff Andrew Rose, (Loker, Matthew) [Transferred from California Central on 7/15/2024.] |
| Filing 4 CIVIL COVER SHEET filed by Plaintiff Andrew Rose. (Loker, Matthew) [Transferred from California Central on 7/15/2024.] |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Andrew Rose. (Loker, Matthew) [Transferred from California Central on 7/15/2024.] |
| Filing 2 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Andrew Rose. (Loker, Matthew) [Transferred from California Central on 7/15/2024.] |
| Filing 1 COMPLAINT Receipt No: ACACDC-36311730 - Fee: $402, filed by Plaintiff Andrew Rose. (Attorney Matthew Michael Loker added to party Andrew Rose(pty:pla))(Loker, Matthew) [Transferred from California Central on 7/15/2024.] |
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