DeRose et al v. City of Raleigh et al
| Lanette B DeRose and Richard T DeRose |
| City of Raleigh, DoorDash, Inc., Beaver Creek Land Holdings, LLC, Centennial Land Company, Timothy W Stephens and Stacey Lee Stephens |
| 5:2022cv00413 |
| October 10, 2022 |
| US District Court for the Eastern District of North Carolina |
| James C Dever |
| Brian S Meyers |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Wrongful Death |
| Both |
Docket Report
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This docket was last retrieved on September 27, 2023. A more recent docket listing may be available from PACER.
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Filing 70
ORDER Appointing Mediator - Jonathan R. Harkavy appointed. Signed by Peter A. Moore, Jr., Clerk of Court on 9/27/2023. (Mann, Stephanie)
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| Filing 69 Selection of Jonathan R. Harkavy as mediator filed by Lanette B DeRose, Richard T DeRose. (Sutton, Kerstin) |
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Filing 68
SCHEDULING ORDER: Discovery due by 7/5/2024. Motions due by 8/2/2024. The matter will be set for trial by separate order. Counsel should read the order in its entirety for critical deadlines and information. Signed by District Judge James C. Dever III on 9/8/2023. (Attachments: #1 Consent to Magistrate Judge Form) (Sellers, N.)
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| NOTICE TO COUNSEL - Pursuant to Local ADR Rule 101.1c(a), counsel is reminded that the parties must file a written statement identifying an agreed upon mediator within twenty one (21) days of the entry of the Scheduling Order. If a statement is not timely filed, the Clerk of Court will appoint a mediator from the list of court certified mediators. Selection of Mediator must be electronically filed on or before 9/29/2023. (Sellers, N.) |
| Filing 67 Rule 26(f) Report (joint) filed by Lanette B DeRose, Richard T DeRose. (Sutton, Kerstin) |
| Filing 66 Minute Entry for proceedings held before Magistrate Judge James E. Gates in Raleigh.Settlement Conference held on 7/26/2023. Parties present with counsel. The court makes brief opening remarks. The parties break for negotiation. At 2:45 p.m. the settlement conference ended. (Court Reporter - FTR) (Horton, B.) |
| Filing 64 ANSWER to #36 Amended Complaint by Beaver Creek Land Holdings, LLC, Centennial Land Company, Stacey Lee Stephens, Timothy W Stephens. (Fothergill, David) |
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Filing 65
Order Setting Settlement Conference for 7/26/2023 at 10:30 AM in Raleigh - 6th Floor Courtroom before Magistrate Judge James E. Gates. Signed by Magistrate Judge James E. Gates on 6/15/2023. Counsel should read the order in its entirety for critical deadlines and information. (Mann, Stephanie)
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| Filing 63 Joint Notice regarding Settlement Conference filed by Lanette B DeRose, Richard T DeRose regarding #62 Order. (Sutton, Kerstin) |
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Filing 62
ORDER. Signed by Magistrate Judge James E. Gates on 6/5/2023. Counsel should read this order in its entirety for critical information and deadlines. (Horton, B.)
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Filing 61
ORDER - The court GRANTS DoorDash's motion to dismiss #46 and DISMISSES DoorDash as a defendant. The court DENIES IN PART the 1400 Crest defendants' motion to dismiss as to the negligence, negligence per se, gross negligence, and wrongful death claims, GRANTS IN PART the 1400 Crest defendants' motion to dismiss the NIED claim and request for punitive damages, and DISMISSES the NIED claim and request for punitive damages against the 1400 Crest defendants #43 . The parties shall engage in a court-hosted mediation with United States Magistrate Judge James E. Gates. Signed by District Judge James C. Dever III on 6/1/2023. (Mann, Stephanie)
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Filing 60
ORDER - The Motion for Leave to File Exhibit Under Seal #51 is GRANTED and Exhibit A #48 to the Crest Defendants' Memorandum in Support of Motion to Dismiss Plaintiffs' Amended Complaint is hereby ordered sealed. Signed by District Judge James C. Dever III on 4/5/2023. (Mann, Stephanie)
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| Motions Submitted to District Judge James C. Dever III regarding #43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and to Strike First Amended Complaint [Doc. 36], #51 MOTION for Leave to File Exhibit Under Seal. (Mann, Stephanie) |
| Filing 59 REPLY to Response to Motion regarding #46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and to Strike First Amended Complaint [Doc. 36] filed by DoorDash, Inc.. (Edwards, Gary) |
| Filing 58 Reply in Support regarding #43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Beaver Creek Land Holdings, LLC, Centennial Land Company, Stacey Lee Stephens, Timothy W Stephens. (Fothergill, David) Modified on 3/30/2023 to add related DE 43 (Mann, Stephanie). |
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Filing 57
ORDER - The motion to dismiss filed by defendant City of Raleigh (D.E. 49), is TERMINATED AS MOOT where this defendant is dismissed from this action. Signed by District Judge James C. Dever III on 3/21/2023. (Mann, Stephanie)
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| Filing 56 Notice of Voluntary Dismissal filed by Lanette B DeRose, Richard T DeRose as to City of Raleigh. (Attachments: #1 Text of Proposed Order) (Sutton, Kerstin) |
| Filing 55 RESPONSE in Opposition regarding #43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Crest Defendants filed by Lanette B DeRose, Richard T DeRose. (Sutton, Kerstin) |
| Filing 54 RESPONSE in Opposition regarding #46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and to Strike First Amended Complaint [Doc. 36] by DoorDash filed by Lanette B DeRose, Richard T DeRose. (Sutton, Kerstin) |
| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #53 MOTION for Extension of Time to File Response as to #43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #49 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and to Strike First Amended Complaint [Doc. 36]. (Mann, Stephanie) |
| TEXT ORDER granting Plaintiffs' Motion for Extension of Time #53 . For good cause shown, it is ordered that Plaintiffs have up to and including March 17, 2023, within which to respond to Defendants' Motions to Dismiss #43 #46 #49 . Signed by Peter A. Moore, Jr., Clerk of Court on 2/23/2023. (Hockaday, A.) |
| Filing 53 MOTION for Extension of Time to File Response as to #43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #49 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and to Strike First Amended Complaint [Doc. 36] filed by Lanette B DeRose, Richard T DeRose. (Attachments: #1 Text of Proposed Order Granting Motion) (Sutton, Kerstin) |
| Filing 52 Memorandum in Support regarding #51 MOTION for Leave to File Exhibit Under Seal filed by Beaver Creek Land Holdings, LLC, Centennial Land Company, Stacey Lee Stephens, Timothy W Stephens. (Attachments: #1 Exhibit 1 - Protective Agreement) (Fothergill, David) |
| Filing 51 MOTION for Leave to File Exhibit Under Seal regarding #48 Proposed Sealed Exhibit filed by Beaver Creek Land Holdings, LLC, Centennial Land Company, Stacey Lee Stephens, Timothy W Stephens. (Attachments: #1 Text of Proposed Order) (Fothergill, David) |
| Filing 50 Memorandum in Support regarding #49 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by City of Raleigh. (Choi, Hunt) |
| Filing 49 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by City of Raleigh. (Attachments: #1 Exhibit Ex. A - Pryor v City of Raleigh (unpublished), #2 Exhibit Ex. B - Flood v Crews (unpublished)) (Choi, Hunt) |
| Filing 48 SEALED Exhibit regarding #43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Selected Participants Only)by David Fothergill (available to: Defendants Beaver Creek Land Holdings, LLC, Centennial Land Company, City of Raleigh, Stacey Lee Stephens, Timothy W Stephens) (Fothergill, David) Modified on 4/5/2023 - Sealed pursuant to Order #60 (Mann, Stephanie). |
| Filing 47 Memorandum in Support regarding #46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and to Strike First Amended Complaint [Doc. 36] filed by DoorDash, Inc.. (Edwards, Gary) |
| Filing 46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and to Strike First Amended Complaint [Doc. 36] filed by DoorDash, Inc.. (Edwards, Gary) |
| Filing 45 Notice of Filing Under Seal filed by Beaver Creek Land Holdings, LLC, Centennial Land Company, Stacey Lee Stephens, Timothy W Stephens regarding #44 Memorandum in Support, of Provisional Filing of Exhibit A Under Seal. (Fothergill, David) |
| Filing 44 Memorandum in Support regarding #43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Beaver Creek Land Holdings, LLC, Centennial Land Company, Stacey Lee Stephens, Timothy W Stephens. (Attachments: #1 Exhibit A - RPD CRU File (provisionally under seal), #2 Exhibit B - Release) (Fothergill, David) |
| Filing 43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Beaver Creek Land Holdings, LLC, Centennial Land Company, Stacey Lee Stephens, Timothy W Stephens. (Fothergill, David) |
| Filing 42 First MOTION for Extension of Time to File Answer regarding #36 Amended Complaint filed by DoorDash, Inc.. (Attachments: #1 Exhibit A (Email Consent to Extension), #2 Text of Proposed Order (Granting Motion)) (Edwards, Gary) |
| Filing 41 First MOTION for Extension of Time to File Answer regarding #36 Amended Complaint filed by City of Raleigh. (Attachments: #1 Text of Proposed Order Proposed Order) (Choi, Hunt) |
| Motions Referred to Peter A. Moore, Jr., Clerk of Court regarding #41 First MOTION for Extension of Time to File Answer regarding #36 Amended Complaint , #42 First MOTION for Extension of Time to File Answer regarding #36 Amended Complaint. (Sellers, N.) |
| TEXT ORDER granting the Motions for Extension of Time #41 #42 filed by Defendants City of Raleigh and Door Dash, Inc. For good cause shown, it is ordered that these defendants have up to and including February 17, 2023, within which to answer or otherwise respond to the Amended Complaint #36 . Signed by Peter A. Moore, Jr., Clerk of Court on 1/27/2023. (Hockaday, A.) |
| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #40 MOTION for Extension of Time to File Answer regarding #36 Amended Complaint. (Sellers, N.) |
| TEXT ORDER granting the Motion for Extension of Time #40 filed by Defendants Beaver Creek Land Holdings LLC, Centennial Land Company, Timothy Warren "Sammy" Stephens, and Stacey Lee Stephens. For good cause shown, it is ordered that these defendants have up to and including February 17, 2023, within which to answer or otherwise respond to the Amended Complaint #36 . Signed by Peter A. Moore, Jr., Clerk of Court on 1/25/2023. (Hockaday, A.) |
| Filing 40 MOTION for Extension of Time to File Answer regarding #36 Amended Complaint filed by Beaver Creek Land Holdings, LLC, Centennial Land Company, Stacey Lee Stephens, Timothy W Stephens. (Attachments: #1 Text of Proposed Order) (Fothergill, David) |
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Filing 39
TEXT ORDER finding as moot #22 Motion to Dismiss for Failure to State a Claim. Signed by District Judge James C. Dever III on 1/19/2023. (Hayes, Lyndsay)
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Filing 38
TEXT ORDER finding as moot #20 Motion to Dismiss. Signed by District Judge James C. Dever III on 1/19/2023. (Hayes, Lyndsay)
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Filing 37
TEXT ORDER finding as moot #18 Motion to Dismiss for Failure to State a Claim; finding as moot #18 Motion to Dismiss for Lack of Jurisdiction. Signed by District Judge James C. Dever III on 1/19/2023. (Hayes, Lyndsay)
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| Filing 36 AMENDED COMPLAINT against Beaver Creek Land Holdings, LLC, Centennial Land Company, City of Raleigh, DoorDash, Inc., Stacey Lee Stephens, Timothy W Stephens, filed by Richard T DeRose, Lanette B DeRose. (Sellers, N.) |
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Filing 35
ORDER granting #27 Motion to Amend Complaint. Defendants may plead in response to the amended complaint in accordance with the Federal Rules of Civil Procedure. Signed by District Judge James C. Dever III on 1/19/2023. (Sellers, N.)
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| Motion Submitted to District Judge James C. Dever III regarding #20 MOTION to Dismiss DoorDash, Inc.'s Rule 12(b)(6) Motion to Dismiss and Rule 12(f) Motion to Strike, #27 First MOTION to Amend/Correct #1 Complaint. (Sellers, N.) |
| Filing 34 REPLY to Response to Motion regarding #27 First MOTION to Amend/Correct #1 Complaint (Crest Defendants' Response) filed by Lanette B DeRose, Richard T DeRose. (Sutton, Kerstin) |
| Filing 33 RESPONSE in Opposition regarding #27 First MOTION to Amend/Correct #1 Complaint filed by Beaver Creek Land Holdings, LLC, Centennial Land Company, Stacey Lee Stephens, Timothy W Stephens. (Fothergill, David) |
| TEXT ORDER granting Plaintiffs' Motions for Extension of Time #29 #30 . For good cause shown, it is ordered that Plaintiffs' responses to the pending Motions to Dismiss #18 #22 , if needed, shall be filed within 10 days after the court rules on Plaintiffs' Motion to Amend Complaint #27 . Signed by Peter A. Moore, Jr., Clerk of Court on 1/5/2023. (Hockaday, A.) |
| Motions Referred to Peter A. Moore, Jr., Clerk of Court regarding #29 MOTION for Extension of Time to File Response as to #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION to Dismiss for Lack of Jurisdiction, MOTION to Stay, MOTION to Compel Arbitration, #30 MOTION for Extension of Time to File Response as to #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Sellers, N.) |
| Filing 32 Proposed Order regarding #27 First MOTION to Amend/Correct #1 Complaint filed by Lanette B DeRose, Richard T DeRose. (Sutton, Kerstin) |
| Filing 31 Proposed Order regarding #29 MOTION for Extension of Time to File Response/Reply as to #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction MOTION to Stay MOTION to Compel Arbitration (Crest Defendants) filed by Lanette B DeRose, Richard T DeRose. (Sutton, Kerstin) |
| Notice to Counsel regarding: #29 Motion for Extension of Time to File Response, #27 Motion to Amend Complaint. Pursuant to Local Civil Rule 7.1(b)(3) and Section V(I)(3) of the CM/ECF Policy and Procedures Manual and Judge Dever's practice preferences, parties must file a proposed order with any non-dispositive motion. Please file a proposed order to the motions using the event 'Proposed Order' in the Responses and Replies category and link them back to the motions to which they correspond. (Sellers, N.) |
| NOTICE OF CORRECTION regarding: #28 Motion to Amend/Correct. When filing a memorandum in support, please use the event 'Memorandum in Support' found in the 'Responses and Replies' category and link it to the motion to which it corresponds. In addition, please note that the Judge assigned to this case is Judge James C. Dever III. The case number on all filings should be 5:22-cv-413-D-BM. (Sellers, N.) |
| Filing 30 MOTION for Extension of Time to File Response/Reply as to #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Lanette B DeRose, Richard T DeRose. (Attachments: #1 Text of Proposed Order) (Sutton, Kerstin) |
| Filing 29 MOTION for Extension of Time to File Response/Reply as to #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction MOTION to Stay MOTION to Compel Arbitration filed by Lanette B DeRose, Richard T DeRose. (Sutton, Kerstin) |
| Filing 28 Memorandum in Support regarding #27 First MOTION to Amend/Correct #1 Complaint Memorandum filed by Lanette B DeRose, Richard T DeRose. (Sutton, Kerstin) Modified on 1/3/2023 - terminated motion and clarified docket text. (Sellers, N.) |
| Filing 27 First MOTION to Amend/Correct #1 Complaint filed by Lanette B DeRose, Richard T DeRose. (Attachments: #1 Exhibit First Amended Complaint, #2 Exhibit Amendment Edits) (Sutton, Kerstin) |
| Filing 26 RESPONSE in Opposition regarding #20 MOTION to Dismiss DoorDash, Inc.'s Rule 12(b)(6) Motion to Dismiss and Rule 12(f) Motion to Strike filed by Lanette B DeRose, Richard T DeRose. (Sutton, Kerstin) |
| Filing 25 Financial Disclosure Statement by City of Raleigh (Choi, Hunt) |
| Filing 24 Notice of Appearance filed by Hunt K. Choi on behalf of City of Raleigh. (Choi, Hunt) |
| Filing 23 Memorandum in Support regarding #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by City of Raleigh. (Choi, Hunt) |
| Filing 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by City of Raleigh. (Attachments: #1 Exhibit a, #2 Exhibit b, #3 Exhibit c, #4 Exhibit d, #5 Exhibit e, #6 Errata Ex. F - Flood v Crews (unpublished), #7 Exhibit Ex. G - Pryor v City of Raleigh (unpublished)) (Choi, Hunt) |
| Filing 21 Memorandum in Support regarding #20 MOTION to Dismiss DoorDash, Inc.'s Rule 12(b)(6) Motion to Dismiss and Rule 12(f) Motion to Strike filed by DoorDash, Inc.. (Edwards, Gary) |
| Filing 20 MOTION to Dismiss DoorDash, Inc.'s Rule 12(b)(6) Motion to Dismiss and Rule 12(f) Motion to Strike filed by DoorDash, Inc.. (Edwards, Gary) |
| Filing 19 Memorandum in Support regarding #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction MOTION to Stay MOTION to Compel Arbitration filed by Beaver Creek Land Holdings, LLC, Centennial Land Company, Stacey Lee Stephens, Timothy W Stephens. (Attachments: #1 Exhibit A, #2 Exhibit B) (Fothergill, David) |
| Filing 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction , MOTION to Stay , MOTION to Compel Arbitration filed by Beaver Creek Land Holdings, LLC, Centennial Land Company, Stacey Lee Stephens, Timothy W Stephens. (Fothergill, David) |
| Filing 17 Waiver of Service Returned Executed filed by Richard T DeRose, Lanette B DeRose. DoorDash, Inc. waiver sent on 10/10/2022, answer due 12/9/2022. (Sutton, Kerstin) |
| Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. Please serve this list on all parties. (Mann, Stephanie) |
| Filing 16 Waiver of Service Returned Executed filed by Richard T DeRose, Lanette B DeRose. City of Raleigh waiver sent on 10/10/2022, answer due 12/9/2022. (Sutton, Kerstin) |
| Filing 15 Waiver of Service Returned Executed filed by Stacey Lee Stephens. Stacey Lee Stephens waiver sent on 10/10/2022, answer due 12/9/2022. (Fothergill, David) |
| Filing 14 Waiver of Service Returned Executed filed by Timothy W Stephens. Timothy W Stephens waiver sent on 10/10/2022, answer due 12/9/2022. (Fothergill, David) |
| Filing 13 Waiver of Service Returned Executed filed by Centennial Land Company. Centennial Land Company waiver sent on 10/10/2022, answer due 12/9/2022. (Fothergill, David) |
| Filing 12 Waiver of Service Returned Executed filed by Beaver Creek Land Holdings, LLC. Beaver Creek Land Holdings, LLC waiver sent on 10/10/2022, answer due 12/9/2022. (Fothergill, David) |
| Filing 11 Notice of Appearance filed by David Michael Fothergill on behalf of Beaver Creek Land Holdings, LLC, Centennial Land Company, Stacey Lee Stephens, Timothy W Stephens. (Fothergill, David) |
| Filing 10 Financial Disclosure Statement by Centennial Land Company (Gallagher, Skylar) |
| Filing 9 Financial Disclosure Statement by Beaver Creek Land Holdings, LLC (Gallagher, Skylar) |
| Filing 8 Notice of Appearance filed by Skylar Gallagher on behalf of Beaver Creek Land Holdings, LLC, Centennial Land Company, Stacey Lee Stephens, Timothy W Stephens. (Gallagher, Skylar) |
| Filing 7 Summons Issued as to Beaver Creek Land Holdings, LLC, Centennial Land Company, City of Raleigh, DoorDash, Inc., Stacey Lee Stephens, Timothy W Stephens. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Rudd, D.) |
| Filing 6 Notice filed by Lanette B DeRose, Richard T DeRose regarding #1 Complaint Proposed Summons. (Attachments: #1 Proposed Summons, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons, #5 Proposed Summons) (Sutton, Kerstin) |
| Filing 5 Notice filed by Lanette B DeRose, Richard T DeRose regarding #1 Complaint JS44 Civil Cover Sheet. (Attachments: #1 Civil Cover Sheet Attorney List) (Sutton, Kerstin) |
| Filing 4 Financial Disclosure Statement by Richard T DeRose (Sutton, Kerstin) |
| Filing 3 Financial Disclosure Statement by Lanette B DeRose (Sutton, Kerstin) |
| Filing 2 Notice of Appearance filed by Kerstin Walker Sutton on behalf of All Plaintiffs. (Sutton, Kerstin) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ANCEDC-6767670.), filed by Lanette B DeRose, Richard T DeRose. (Sutton, Kerstin) |
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