Bernstein v. Oorah Inc. d/b/a The Zone Camp
| Kelly Bernstein |
| Oorah Inc. d/b/a The Zone Camp and Oorah, Inc. doing business as The Zone Camp |
| 7:2020cv08097 |
| September 30, 2020 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| P.I.: Other |
| 28 U.S.C. § 1391 |
| Defendant |
Docket Report
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This docket was last retrieved on October 12, 2021. A more recent docket listing may be available from PACER.
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Filing 40
SCHEDULING ORDER: The Court has scheduled a Settlement Conference for November 4, 2021 at 2:00 p.m. before Magistrate Judge Judith C. McCarthy. Counsel shall call the following number at the time of the conference: Toll-Free Number: 877-873-8017 Access Code: 4264138. Parties are required to appear. Counsel are required to submit a confidential, ex parte letter, so identified, to the Court, not to exceed 5 pages in length, no later than five business days prior to the conference, outlining any information counsel believed would assist the Court in preparation for the conference. SO ORDERED. Telephone Conference set for 11/4/2021 at 02:00 PM before Magistrate Judge Judith C. McCarthy. (Signed by Magistrate Judge Judith C. McCarthy on 10/12/2021) (vfr)
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Filing 39
FIFTH REVISED CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: This case is to be tried to a jury. All parties do not consent to conducting all further proceedings before a Magistrate Judge, Including motions and trial, pursuant to 28 U.S.C. 636{c). Deposition due by 10/15/2021. All expert discovery, including expert depositions, shall be completed by 120 days following decision on defendants summary judgment motion. Fact Discovery due by 1/17/2022. All discovery shall be completed by 150 days following decision on defendants summary judgment motion. The parties have conferred and their present best estimate of the length of the trial is 4 days. Case Management Conference set for 2/4/2022 at 09:30 AM before Judge Vincent L. Briccetti. 16. The parties are directed to discuss settlement in good faith. By no later than January 19, 2022 counsel shall submit a Joint letter regarding the status of their discussions and whether there Is anything the Court can do to assist In that regard. (Signed by Judge Vincent L. Briccetti on 10/12/2021) (mml)
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Filing 38
ORDER granting #37 Letter Motion for Extension of Time to Complete Discovery: Rather than file a joint letter-motion for an extension of time to complete discovery, it appears plaintiff's counsel has inadvertently refiled its letter dated 10/8/2021 (Doc. #35), regarding a discovery dispute. Nevertheless, plaintiff has attached to its letter a proposed Fifth Revised Civil Case Discovery Plan and Scheduling Order for the Court's consideration. Because the parties filed a joint letter requesting such an extension on 10/6/2021, the request is GRANTED. Discovery deadlines are extended as set forth in the Fifth Revised Civil Case Discovery Plan and Scheduling Order, which shall be separately docketed. The case management conference scheduled for 11/15/2021 is adjourned to 2/4/2022 at 9:30 a.m. In the event defendant's anticipated motion for summary judgment is denied, the Court will schedule at that time a further case management conference for the purpose of setting the remaining medical discovery deadlines. By 1/19/2022, the parties shall submit a joint letter in accordance with the instructions in paragraph 16 of the Fifth Revised Civil Case Discovery Plan and Scheduling Order regarding their efforts to settle this matter and whether the Court can assist them in that regard. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (elk)
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| Filing 37 FIFTH LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Vincent L. Briccetti from Jeremy Schiowitz, Esq. dated 10/11/2021. Document filed by Kelly Bernstein. (Attachments: #1 Text of Proposed Order).(Schiowitz, Jeremy) |
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Filing 36
ORDER granting #35 Letter Motion for Discovery: By letter-motion dated 10/8/2021, plaintiff requests that the Court modify its order of 10/7/2021 (Doc. #33) so as to permit her to inspect and measure (i) the actual bunk bed, which according to testimony in this case, is probably currently in one of the other rooms in the villa, or (ii) one of the other bunk beds in the villa, which defendant's witness testified are the same size and shape of the bunk bed at issue in this case. Plaintiff's request is GRANTED to the extent that plaintiff's expert shall be permitted to inspect, take measurements of, and take photographs of either the actual bunk bed involved in the incident and one of the the other bunk beds in the villa. Counsel are directed to figure out how to accomplish this simple task on their own without further burdening the Court with additional letters. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (elk)
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| Filing 35 SECOND LETTER MOTION for Discovery Inspection addressed to Judge Vincent L. Briccetti from Jeremy Schiowitz, Esq. dated 10/08/2021. Document filed by Kelly Bernstein..(Schiowitz, Jeremy) |
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Filing 34
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Judith C. McCarthy. (Signed by Judge Vincent L. Briccetti on 10/6/2021) (mml)
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Filing 33
ORDER granting in part and denying in part #29 Letter Motion for Discovery: By letter-motion dated 10/6/2021, plaintiff requests that the Court order defendant to permit her to inspect the premises in which the incident occurred. (Doc. #29). Defendant has opposed the motion. (Doc. #32). Plaintiff's request is GRANTED to the limited extent that plaintiff's expert shall be permitted to inspect, take measurements of, and take photographs of the room in which the incident actually occurred in its current condition. Defendant is not required to re-create the scene of the incident. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (elk)
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| Filing 32 LETTER RESPONSE in Opposition to Motion addressed to Judge Vincent L. Briccetti from Alice Spitz, Esq. dated 10/07/2021 re: #29 FIRST LETTER MOTION for Discovery addressed to Judge Vincent L. Briccetti from Jeremy Schiowitz, Esq. dated 10/16/2021. Letter to Judge Briccetti in Opposition to Plaintiff's Letter Motion for Inspection. Document filed by Oorah, Inc...(Spitz, Alice) |
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Filing 31
ORDER: By letter-motion dated 10/6/2021, plaintiff requests the Court order defendant to permit her to inspect the premises at which the accident occurred and take measurements. (Doc. #29). By Friday, 10/8/2021, defendant shall respond to plaintiff's letter-motion. At that time, the Court will decide how to proceed. (HEREBY ORDERED by Judge Vincent L. Briccetti) (Text Only Order) (elk)
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Filing 30
ORDER granting in part and denying in part without prejudice #28 Letter Motion for Extension of Time to Complete Discovery: By letter dated 10/6/2021, the parties request an extension of discovery deadlines. However, the parties' request fails to comply with Paragraph 1.G of Judge Briccetti's Individual Practices, which requires the parties to attach to their request a proposed Revised Civil Case Discovery Plan and Scheduling Order for the Court's consideration. The parties have not filed a proposed Revised Civil Case Discovery Plan and Scheduling Order. Accordingly, the instant request is DENIED WITHOUT PREJUDICE to refiling in accordance with the Court's Individual Practices. In their letter, the parties also request the Court's intervention in trying to have the case resolved. That request is GRANTED. By separate order, the Court will refer the parties to the magistrate judge for settlement. Finally, the parties' request that defendant be permitted to bring a dispositive motion prior to medical discovery is GRANTED. However, if the motion is denied, defendant will not be permitted to file a second summary judgment motion. Defendant shall comply with Paragraph 2.B of Judge Briccetti's Individual Practices before filing such a motion. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (elk)
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| Filing 29 FIRST LETTER MOTION for Discovery addressed to Judge Vincent L. Briccetti from Jeremy Schiowitz, Esq. dated 10/16/2021. Document filed by Kelly Bernstein. (Attachments: #1 Exhibit A - Demand for Inspection, #2 Exhibit B - Response Demand for Inspection, #3 Exhibit C - Photos).(Schiowitz, Jeremy) |
| Filing 28 FOURTH LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Vincent L. Briccetti from Jeremy Schiowitz, Esq. dated 10/06/2021. Document filed by Kelly Bernstein..(Schiowitz, Jeremy) |
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Filing 27
FOURTH REVISED CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). The case is to be tried to a jury. Expert Deposition due by 12/5/2021. Fact Discovery due by 10/15/2021. Non-expert depositions shall be completed by 10/15/2021. Expert Discovery due by 12/5/2021. Discovery due by 1/21/2022. Case Management Conference set for 1/28/2022 at 09:30 AM before Judge Vincent L. Briccetti. The parties have conferred and their present best estimate of the length of the trial is 4 days. 16. The parties are directed to discuss settlement in good faith. By no later than October 18, 2021, counsel shall submit a joint letter regarding the status of their discussions and whether there is anything the Court can do to assist in that regard. 17. The case management conference scheduled for January 28, 2022 at 9:30 a.m. will be conducted in person at the Courthouse. (Signed by Judge Vincent L. Briccetti on 7/22/2021) (mml)
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Filing 26
ORDER granting #24 Letter Motion for Extension of Time to Complete Discovery: Discovery deadlines extended as set forth in the Fourth Revised Civil Case Discovery Plan and Scheduling Order, which shall be separately docketed. The deadline for completion of discovery is extended to 1/22/2022. The case management conference scheduled for 11/15/2021 is adjourned to 1/28/2022, at 9:30 a.m. The Court expects to conduct this conference in person at the Courthouse. By 10/18/2021, the parties shall submit a joint letter in accordance with the instructions in paragraph 16 of the Fourth Revised Civil Case Discovery Plan and Scheduling Order regarding their efforts to settle this matter and whether the Court can assist them in that regard. Counsel are advised the Court is unlikely to grant any further discovery extensions in this case. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (elk)
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| Filing 25 PROPOSED CASE MANAGEMENT PLAN. Document filed by Oorah, Inc...(Spitz, Alice) |
| Filing 24 THIRD LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Vincent L. Briccetti from Alice Spitz, Esq. dated 7/22/2021. Document filed by Oorah, Inc.. (Attachments: #1 Text of Proposed Order Fourth Revised Civil Case Management Plan and Scheduling Order).(Spitz, Alice) |
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Filing 23
THIRD REVISED CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). This case is to be tried to a jury. Any motion to amend or to join additional parties shall be filed by 12/9/2020. Non-expert depositions shall be completed by 8/1/2021. Expert Deposition due by 9/30/2021. Fact Discovery due by 8/9/2021. Expert Discovery due by 9/30/2021. Discovery due by 11/12/2021. The parties have conferred and their present best estimate of the length of the trial is 4 days. Telephone Conference set for 11/15/2021 at 03:00 PM before Judge Vincent L. Briccetti. 16. The parties are directed to discuss settlement in good faith. By no later than August 13, 2021, counsel shall submit a joint letter regarding the status of their discussions and whether there is anything the Court can do to assist in that regard. 17. The case management conference scheduled for November 15. 2021 at 3:00 p.m. will be conducted by telephone. At the time of the scheduled conference, counsel shall use the following information to appear by telephone: Dial-In Number: (888) 363-4749 (toll free) or (215) 446-3662; Access Code: 1703567. (Signed by Judge Vincent L. Briccetti on 5/17/2021) (mml)
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Filing 22
ORDER granting #20 Letter Motion for Extension of Time to Complete Discovery: Discovery deadlines extended as set forth in the Third Revised Civil Case Discovery Plan and Scheduling Order, which shall be separately docketed. The deadline for completion of discovery is extended to 11/12/2021. The case management conference scheduled for 9/15/2021 is adjourned to 11/15/2021, at 3:00 p.m., to proceed telephonically. To be clear, the Court will not hold a case management conference on 9/15/2021. At the time of the scheduled conference on 11/15/2021, counsel shall use the following information to appear by telephone: Dial-In Number: (888) 363-4749 (toll free) or (215) 446-3662; Access Code: 1703567. By 8/13/2021, the parties shall submit a joint letter in accordance with the instructions in paragraph 16 of the Third Revised Civil Case Discovery Plan and Scheduling Order regarding their efforts to settle this matter and whether the Court can assist them in that regard. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (Briccetti, Vincent)
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| Filing 21 PROPOSED CASE MANAGEMENT PLAN. Document filed by Oorah, Inc...(Spitz, Alice) |
| Filing 20 SECOND LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Vincent L. Briccetti from Alice Spitz, Esq. dated 05/14/2021. Document filed by Oorah, Inc.. (Attachments: #1 Text of Proposed Order Third Revised Civil Case Management Plan and Scheduling Order).(Spitz, Alice) |
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Filing 19
REVISED CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). This case is to be tried to a jury. Any motion to amend or to join additional parties shall be filed by 12/9/2020. Non-expert depositions shall be completed by 6/1/2021. Expert Deposition due by 7/30/2021. Fact Discovery due by 6/9/2021. Expert Discovery due by 7/30/2021. Discovery due by 9/13/2021. The parties have conferred and their present best estimate of the length of the trial is 4 days. Telephone Conference set for 9/15/2021 at 03:00 PM before Judge Vincent L. Briccetti. 16. The parties are directed to discuss settlement in good faith. By no later than June 11, 2021, counsel shall submit a joint letter regarding the status of their discussions and whether there is anything the Court can do to assist in that regard. 17. The case management conference scheduled for September 15, 2021, at 3:00 p.m. will be conducted by telephone. At the time of the scheduled conference, counsel shall use the following information to appear by telephone: Dial-In Number: {888) 363-4749 (toll free) or {215) 446-3662; Access Code: 1703567. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 3/8/2021) (mml)
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Filing 18
ORDER granting #16 Letter Motion for Extension of Time: Discovery deadlines extended as set forth in the Revised Civil Case Discovery Plan and Scheduling Order, which shall be separately docketed. The deadline for completion of discovery is extended to 9/13/2021. The case management conference scheduled for 5/19/2021 is adjourned to 9/15/2021, at 3:00 p.m., to proceed telephonically. To be clear, the Court will not hold a case management conference on 5/19/2021. At the time of the scheduled conference on 9/15/2021, counsel shall use the following information to appear by telephone: Dial-In Number: (888) 363-4749 (toll free) or (215) 446-3662; Access Code: 1703567. By 6/11/2021, the parties shall submit a joint letter in accordance with the instructions in paragraph 16 of the Revised Civil Case Discovery Plan and Scheduling Order regarding their efforts to settle this matter and whether the Court can assist them in that regard. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (elk)
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| Filing 17 PROPOSED SCHEDULING ORDER. Document filed by Oorah, Inc...(Spitz, Alice) |
| Filing 16 FIRST LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Vincent L. Briccetti from Alice Spitz, Esq. dated 03/05/2021. Document filed by Oorah, Inc.. (Attachments: #1 Text of Proposed Order Second Revised Case Management Plan and Scheduling Order).(Spitz, Alice) |
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Filing 15
ORDER denying #13 Letter Motion for Discovery: The new discovery dates requested in the parties' 3/4/2021, Letter (Doc. #13) do not correspond with the dates in the proposed Revised Civil Case Discovery Plan and Scheduling Order (Doc. #14). By 3/8/2021, parties shall refile on the ECF docket a letter-motion and proposed Revised Civil Case Discovery Plan and Scheduling Order in compliance with Paragraph 1.G of Judge Briccetti's Individual Practices. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (elk)
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| Filing 14 PROPOSED SCHEDULING ORDER. Document filed by Oorah, Inc...(Spitz, Alice) |
| Filing 13 FIRST LETTER MOTION for Discovery along with Revised Proposed Case Management Scheduling Order addressed to Judge Vincent L. Briccetti from Alice Spitz, Esq. dated 3/4/2021., FIRST LETTER MOTION for Extension of Time to Complete Discovery along with Revised Proposed Case Management Scheduling Order addressed to Judge Vincent L. Briccetti from Alice Spitz, Esq. dated 3/4/2021. Document filed by Oorah, Inc.. (Attachments: #1 Text of Proposed Order Second Revised Case Management Plan and Scheduling Order).(Spitz, Alice) |
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Filing 12
CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). This case is to be tried to a jury. Motions due by 12/9/2020. Non-expert depositions shall be completed by February 26, 2021. Expert Deposition due by 4/30/2021. Fact Discovery due by 3/9/2021. Expert Discovery due by 4/30/2021. Discovery due by 5/7/2021. Telephone Conference set for 5/19/2021 at 03:00 PM before Judge Vincent L. Briccetti. Telephone conference: Call-in number 888-363-4749. Access Code 1703567. 16. By 3/9/21, counsel shall submit a joint letter regarding the status of settlement discussions and whether the Court can assist in that regard. The parties have conferred and their present best estimate of the length of the trial is 4 days. (Signed by Judge Vincent L. Briccetti on 11/10/2020) (mml)
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| Filing 11 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Oorah, Inc...(Spitz, Alice) |
| Filing 10 PROPOSED CASE MANAGEMENT PLAN. Document filed by Oorah, Inc...(Spitz, Alice) |
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Filing 9
ORDER re: #8 Notice of Hearing: By 11/2/2020, counsel shall file on the ECF docket their proposed Civil Case Discovery Plan and Scheduling Order. (HEREBY ORDERED by Judge Vincent L. Briccetti) (Text Only Order) (vjm)
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| Filing 8 NOTICE OF INITIAL CONFERENCE: THIS MATTER HAS BEEN SCHEDULED FOR A TELEPHONIC INITIAL CASE MANAGEMENT AND SCHEDULING CONFERENCE, pursuant to Fed. R. Civ. P. 16, on 11/9/2020 at 3:00p.m. All counsel and/or parties shall use the following information to appear at the conference by telephone: Dial-In Number: (888) 363-4749 (toll free) or (215) 446-3662 Access Code: 1703567. Initial Conference set for 11/9/2020 at 03:00 PM before Judge Vincent L. Briccetti. Telephone Conference set for 11/9/2020 at 03:00 PM before Judge Vincent L. Briccetti. (mml) |
| Filing 7 NOTICE OF APPEARANCE by Jeremy Joseph Schiowitz on behalf of Kelly Bernstein..(Schiowitz, Jeremy) |
| Filing 6 FIRST LETTER addressed to Judge Vincent L. Briccetti from Alice Spitz, Esq. dated 10/05/2020 re: Proper Venue and Jurisdiction. Document filed by Oorah, Inc...(Spitz, Alice) |
| Filing 5 CERTIFICATE OF SERVICE of Order Dated October 2, 2020 served on Plaintiff's Counsel Jeremy Schiowitz on October 2, 2020. Document filed by Oorah, Inc...(Spitz, Alice) |
| Filing 4 ANSWER to Complaint (Notice of Removal). Document filed by Oorah, Inc...(Spitz, Alice) |
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Filing 3
ORDER: Accordingly, it is HEREBY ORDERED: By October 16, 2020, the parties, either jointly or separately, shall notify the Court in writing whether venue is proper in this District, and whether the case should be transferred to the Northern District of New York pursuant to Section 1404(a). By October 5, 2020, defense counsel shall email a copy of this Order to plaintiff's counsel and file proof of same on the ECF docket. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 10/2/2020) (mml)
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| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vincent L. Briccetti. 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..(gp) |
| Magistrate Judge Judith C. McCarthy 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. (gp) |
| Case Designated ECF. (gp) |
| Filing 2 CIVIL COVER SHEET filed..(Spitz, Alice) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court of The State of New York, County of Rockland. Case Number: 033456/2020. (Filing Fee $ 400.00, Receipt Number ANYSDC-21916890).Document filed by Oorah Inc. d/b/a The Zone Camp. (Attachments: #1 Exhibit A, #2 Exhibit B).(Spitz, Alice) |
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