MAO-MSO Recovery II, LLC et al v. Progressive Corporation, et al.
Plaintiff: MSP Recovery, LLC, MSPA Claims 1, LLC and MAO-MSO Recovery II, LLC
Defendant: The Progressive Corporation d/b/a Progressive Group of Insurance Companies and Progressive Casualty Insurance Company, Progressive Corporation, Progressive Insurance, Progressive Casualty Insurance Company, Progressive and Progressive Group of Insurance Companies
Case Number: 1:2017cv00686
Filed: March 31, 2017
Court: US District Court for the Northern District of Ohio
Office: Cleveland Office
County: Cuyahoga
Presiding Judge: Christopher A Boyko
Referring Judge: James S Gwin
Nature of Suit: Contract: Recovery Medicare
Cause of Action: 42 U.S.C. ยง 1395
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 27, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 27, 2018 Filing 48 Judgment. The Court has filed its opinion and order granting Defendant Progressive Corporation's Motion to Dismiss and dismissing case without prejudice. Accordingly, this action is terminated pursuant to Federal Rule of Civil Procedure 58. Judge Christopher A. Boyko on 8/27/2018. (H,CM)
August 27, 2018 Filing 47 Opinion and Order. Defendant Progressive Corporation's Motion to Dismiss (Related doc #33 ) is granted and case is dismissed without prejudice. Because this Court lacks subject matter jurisdiction over the claims, Plaintiffs' Motion for Leave to Amend Complaint (Related doc #45 ) is denied as moot. Judge Christopher A. Boyko on 8/27/2018. (H,CM)
July 31, 2018 Filing 46 Opposition to #45 Motion to amend complaint, Motion to join or substitute party filed by Progressive Corporation. (Cashdan, Jeffrey)
July 20, 2018 Filing 45 Motion to amend complaint, Motion to join or substitute party filed by MAO-MSO Recovery II, LLC, MSP Recovery, LLC, MSPA Claims 1, LLC. (Attachments: #1 Proposed Plaintiffs' Second Amended Complaint, #2 Exhibit A - Representative Claims Data, #3 Exhibit B - Progressive Reporting, #4 Exhibit C - La Ley FHCP Agreement, #5 Exhibit D - La Ley MSPA Agreement, #6 Exhibit F - Settlement Agreement, #7 Proposed Order)(Turner, Tracy). Added motion event on 7/23/2018 (M,S).
July 17, 2018 Filing 44 Notice of Supplemental Authority filed by MAO-MSO Recovery II, LLC, MSP Recovery, LLC, MSPA Claims 1, LLC. (Attachments: #1 Exhibit A-State Farm Order, #2 Exhibit B-Netro Decision)Related document(s) #34 .(Turner, Tracy) ).
May 31, 2018 Filing 43 Third Notice of Supplemental Authority filed by Progressive Casualty Insurance Company, Progressive Corporation. (Attachments: #1 Exhibit A - May 25, 2018 Order in MAO-MSO Recovery II v. State Farm)Related document(s) #33 .(McEntyre, Zachary)
May 25, 2018 Filing 42 Notice of Supplemental Authority filed by MAO-MSO Recovery II, LLC, MSP Recovery, LLC, MSPA Claims 1, LLC. (Attachments: #1 Exhibit A-Mercury General Order)Related document(s) #34 .(Turner, Tracy)
March 19, 2018 Filing 41 Notice of Supplemental Authority filed by MAO-MSO Recovery II, LLC, MSP Recovery, LLC, MSPA Claims 1, LLC. (Attachments: #1 Exhibit A-Infinity Order, #2 Exhibit B-Infinity Order Addendum)Related document(s) #28 .(Turner, Tracy)
March 2, 2018 Filing 40 Second Notice of Supplemental Authority filed by Progressive Casualty Insurance Company, Progressive Corporation. (Attachments: #1 Exhibit Supplemental Authority)Related document(s) #33 .(Prabucki, Kenneth)
February 23, 2018 Filing 39 Notice of Supplemental Authority filed by MAO-MSO Recovery II, LLC, MSP Recovery, LLC, MSPA Claims 1, LLC. (Attachments: #1 Exhibit A-GEICO Order Denying Motion to Dismiss)Related document(s) #34 .(Turner, Tracy)
February 15, 2018 Filing 38 Notice of Supplemental Authority filed by Progressive Casualty Insurance Company, Progressive Corporation. (Attachments: #1 Exhibit Supplemental Authority)Related document(s) #33 .(Prabucki, Kenneth)
January 26, 2018 Opinion or Order Filing 37 Order. In light of a scheduling conflict and outstanding pending Motions to Dismiss, telephone status conference set for 1/29/2018 at 10:00 a.m. is cancelled. The Court will reset phone conference, if needed, after ruling on the pending motions. Judge Christopher A. Boyko on 1/26/2018. (H,CM)
December 13, 2017 Filing 36 Reply in support of #33 Motion to dismiss for failure to state a claim, and Motion to dismiss for lack of subject matter jurisdiction filed by Progressive Corporation. (Cashdan, Jeffrey)
November 17, 2017 Opinion or Order Order [non-document] granting Defendants' #35 Motion for extension of time until 12/13/2017 to file reply in support of #33 Motion to dismiss. Judge Christopher A. Boyko on 11/17/2017.(H,CM)
November 15, 2017 Filing 35 Unopposed Motion for extension of time until 12/13/17 to file reply in support of #33 Motion to dismiss filed by Progressive Casualty Insurance Company, Progressive Corporation. (Attachments: #1 Proposed Order)(Prabucki, Kenneth) Modified text on 11/17/2017 (S,HR).
November 8, 2017 Filing 34 Opposition to #33 Motion to dismiss first amended complaint for failure to state a claim, and Motion to dismiss for lack of subject matter jurisdiction filed by MAO-MSO Recovery II, LLC, MSP Recovery, LLC, MSPA Claims 1, LLC. (Turner, Tracy)
October 17, 2017 Opinion or Order Order [non-document]. Telephone Status Conference set for 10/18/2017 at 2:00 PM is canceled. Court stays all discovery pending ruling on Defendant's Motion to Dismiss. Telephone Status Conference set for 1/29/2018 at 10:00 AM. Plaintiffs' counsel shall initiate conference with opposing counsel and contact the Court at 216-357-7151. Judge Christopher A. Boyko on 10/17/2017. (H,CM)
October 9, 2017 Filing 33 Motion to dismiss for failure to state a claim, and Motion to dismiss for lack of subject matter jurisdiction filed by Progressive Casualty Insurance Company, Progressive Corporation. Related document(s) #28 . (Attachments: #1 Brief in Support, #2 Exhibit A - List of Similar Class Actions, #3 Exhibit B - Declaration of Michael R. Uth)(Cashdan, Jeffrey). Added motion (S,HR).
October 2, 2017 Opinion or Order Order [non-document] granting Defendant Progressive Corporation's #32 Motion for Extension of Time until 10/9/2017 to Answer. Judge Christopher A. Boyko on 10/2/2017.(H,CM)
September 29, 2017 Filing 32 Unopposed Motion for extension of time until 10/9/2017 to answer, move, plead or otherwise respond to the First Amended Complaint filed by Defendant Progressive Corporation. (Attachments: #1 Proposed Order)(Prabucki, Kenneth) Modified text on 10/2/2017 (S,HR).
September 14, 2017 Filing 31 Joint Motion for extension of time until October 2, 2017 to answer, move, or otherwise respond to the First Amended Complaint filed by Defendant Progressive Corporation. (Attachments: #1 Proposed Order)(Cashdan, Jeffrey) Modified text on 9/15/2017 (S,HR).
September 14, 2017 Opinion or Order Order [non-document] granting Joint #31 Motion for extension of time until 10/2/2017 for Defendants to respond to First Amended Complaint. Judge Christopher A. Boyko on 9/14/2017.(H,CM)
August 30, 2017 Filing 30 Joint Motion for extension of time until 9/14/17 to answer, move, or otherwise respond to the First Amended Complaint filed by Defendant Progressive Corporation. (Attachments: #1 Proposed Order)(Prabucki, Kenneth) Modified text on 8/30/2017 (S,HR).
August 30, 2017 Opinion or Order Order [non-document] granting Defendants' #30 Motion for extension of time until 9/14/2017 to respond to First Amended Complaint. Judge Christopher A. Boyko on 8/30/2017.(H,CM)
July 24, 2017 Filing 29 Unopposed Motion for extension of time until 8/31/17 to answer the First Amended Complaint filed by Defendant Progressive Corporation. (Attachments: #1 Proposed Order)(Prabucki, Kenneth)
July 24, 2017 Opinion or Order Order [non-document]granting #29 Unopposed Motion for Extension of Time to Answer. Progressive Corporation answer due 8/31/2017. Judge Christopher A. Boyko on 7/24/2017.(R,D)
July 18, 2017 Filing 28 First Amended complaint against Progressive Corporation, and added new party defendants Progressive; Progressive Insurance; Progressive Casualty Insurance Company; and Progressive Group of Insurance Companies. Filed by MSP Recovery, LLC, MAO-MSO Recovery II, LLC, MSPA Claims 1, LLC. (Turner, Tracy) Modified text on 7/20/2017 (S,HR).
June 27, 2017 Filing 27 Motion to dismiss for failure to state a claim, and for lack of subject matter jurisdiction filed by Defendant Progressive Corporation. (Attachments: #1 Brief in Support, #2 Exhibit A - List of Similar Class Actions Filed by Plaintiffs, #3 Exhibit B - Declaration of Michael R. Uth)(Cashdan, Jeffrey). Added motion on 6/28/2017 (S,HR). Modified to term motion as moot on 10/16/2017; amended complaint #28 and amended motion #33 filed (H,CM).
June 14, 2017 Minutes of proceedings [non-document] before Judge Christopher A. Boyko.Telephone Case Management Conference held on 6/14/2017. (Case has not been assigned to a track at this time.) Court stays all discovery pending ruling on Defendant's Motion to Dismiss. Telephone Status Conference set for 10/18/2017 at 02:00 PM. Plaintiffs' counsel shall initiate conference with opposing counsel and contact the Court at 216-357-7151. (Court Reporter: None; Time: 15 min.) (H,CM)
June 9, 2017 Filing 26 Report of Parties' Planning Meeting , parties do not consent to this case being assigned to the magistrate judge, filed by All Plaintiffs. (Turner, Tracy)
June 7, 2017 Opinion or Order Order [non-document]. Case Management Conference set for 6/14/2017 at 2:00 PM will be telephonic. Plaintiffs' counsel shall initiate conference with opposing counsel and contact the Court at 216-357-7151. Judge Christopher A. Boyko on 6/7/2017. (H,CM)
May 23, 2017 Filing 25 Stipulated Protective Order regarding confidential documents (Related doc #24 ). Judge Christopher A. Boyko on 5/23/2017. (H,CM)
May 19, 2017 Filing 24 Proposed Stipulated Protective Order filed by Defendant Progressive Corporation. (Prabucki, Kenneth) Modified on 5/19/2017 (S,HR).
May 19, 2017 Opinion or Order Order [non-document] granting Defendant's #23 Motion for Extension of Time until 6/27/2017 to Answer. Judge Christopher A. Boyko on 5/19/2017.(H,CM)
May 18, 2017 Filing 23 Unopposed Motion for extension of time until 6/27/17 to move, plead, or otherwise respond to complaint filed by Defendant Progressive Corporation. (Attachments: #1 Proposed Order)(Prabucki, Kenneth) Modified text on 5/19/2017 (S,HR).
May 12, 2017 Filing 22 Notice of Case Management Conference. Conference reset* to be held on 6/14/2017 at 02:00 PM at Chambers 15B. (*Note new date and time.) Judge Christopher A. Boyko on 5/12/2017. (Attachments: #1 Report of Parties' Planning Meeting, #2 Consent Package)(H,CM)
May 12, 2017 Opinion or Order Filing 21 Order Transferring Case signed by Judge James S. Gwin on 5/12/17. This case is returned to the Clerk for reassignment to Judge Christopher A. Boyko for all further proceedings as related to Case No. 1:17CV00390. (Related Doc. #20 ) (D,MA) Modified on 5/15/2017 (S,HR).
May 12, 2017 Judge Christopher A. Boyko assigned to case. Judge James S. Gwin terminated. (S,SR)
May 10, 2017 Filing 20 Joint Motion to reassign case to Judge Christopher A. Boyko filed by Defendant Progressive Corporation. (Prabucki, Kenneth)
April 28, 2017 Opinion or Order Order [non-document] entered by Judge James S. Gwin on 4/28/17 granting the motions for admission pro hac vice of Attorneys Jeffrey S. Cashdan, David J. Farber, Zachary A. McEntyre, and Emily S. Newton on behalf of defendant. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Docs. #16 , #17 , #18 , and #19 ) (D,MA)
April 27, 2017 Filing 19 Motion for attorney Emily S. Newton to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8132354, filed by Defendant Progressive Corporation. (Attachments: #1 Affidavit, #2 Proposed Order)(Prabucki, Kenneth)
April 27, 2017 Filing 18 Motion for attorney Zachary A. McEntyre to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8132344, filed by Defendant Progressive Corporation. (Attachments: #1 Affidavit, #2 Proposed Order)(Prabucki, Kenneth)
April 27, 2017 Filing 17 Motion for attorney David J. Farber to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8132337, filed by Defendant Progressive Corporation. (Attachments: #1 Affidavit, #2 Proposed Order)(Prabucki, Kenneth)
April 27, 2017 Filing 16 Motion for attorney Jeffrey S. Cashdan to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8132324, filed by Defendant Progressive Corporation. (Attachments: #1 Affidavit, #2 Proposed Order)(Prabucki, Kenneth)
April 24, 2017 IMPORTANT: Notice [non-document] that the case management conference previously scheduled for 5/24/17 is reset due to a conflict on the Court's calendar. Conference shall be held 5/22/17 at 1:00 p.m., Chambers 18A before Judge James S. Gwin. (Related Doc. #15 ) (D,MA)
April 20, 2017 Opinion or Order Filing 15 Case Management Conference Scheduling Order signed by Judge James S. Gwin on 4/20/17 setting a conference for 5/24/17 at 9:00 a.m., Chambers 18A. IMPORTANT: The parties are advised to carefully read this Order. The Court requires the attendance of (1) all parties, (2) lead counsel and (3) a representative with full authority for settlement purposes. (D,MA)
April 20, 2017 Filing 14 Magistrate Consent Package issued on behalf of Judge James S. Gwin on 4/20/17. (D,MA)
April 20, 2017 Opinion or Order Order [non-document] entered by Judge James S. Gwin on 4/20/17 granting the motions to appear pro hac vice of Attorneys Christopher L. Coffin, Courtney L. Stidham, R. Brent Wisner, and Pedram Esfandiary on behalf of plaintiffs. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Docs. #5 , #6 , #7 , #8 , #9 , and #10 ) (D,MA)
April 19, 2017 Filing 13 Corporate Disclosure Statement filed by Progressive Corporation. (Farrell, Michael)
April 19, 2017 Filing 12 Attorney Appearance by Michael K. Farrell filed by on behalf of Progressive Corporation. (Farrell, Michael)
April 19, 2017 Filing 11 Attorney Appearance by Kenneth G. Prabucki filed by on behalf of Progressive Corporation. (Prabucki, Kenneth)
April 7, 2017 Filing 10 Declaration in Support of #6 Motion for attorney Courtney L. Stidham to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8101283, filed by MAO-MSO Recovery II, LLC, MSP Recovery, LLC, MSPA Claims 1, LLC. Related document(s) #6 . (Turner, Tracy) Modified text on 4/10/2017 (P,WL).
April 7, 2017 Filing 9 Declaration in Support of #5 Motion for attorney Christopher L. Coffin to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8101279, filed by MAO-MSO Recovery II, LLC, MSP Recovery, LLC, MSPA Claims 1, LLC. Related document(s) #5 . (Turner, Tracy) Modified text on 4/10/2017 (P,WL).
April 5, 2017 Filing 8 Motion for attorney Pedram Esfandiary to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8101285, filed by MAO-MSO Recovery II, LLC, MSP Recovery, LLC, MSPA Claims 1, LLC. (Attachments: #1 Exhibit Certificate of Good Standing over 30 days old, #2 Affidavit of Pedram Esfandiary)(Turner, Tracy) Modified exhibit text on 4/6/2017 (G,CA).
April 5, 2017 Filing 7 Motion for attorney R. Brent Wisner to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8101284, filed by MAO-MSO Recovery II, LLC, MSP Recovery, LLC, MSPA Claims 1, LLC. (Attachments: #1 Exhibit Certificate of Good Standing over 30 days old, #2 Affidavit of R. Brent Wisner)(Turner, Tracy) Modified exhibit text on 4/6/2017 (G,CA).
April 5, 2017 Filing 6 Motion for attorney Courtney L. Stidham to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8101283, filed by MAO-MSO Recovery II, LLC, MSP Recovery, LLC, MSPA Claims 1, LLC. (Attachments: #1 Exhibit Certificate of Good Standing over 30 days old, #2 Unsigned Affidavit of Courtney L. Stidham)(Turner, Tracy) Modified exhibit text on 4/6/2017 (G,CA).
April 5, 2017 Filing 5 Motion for attorney Christopher L. Coffin to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8101279, filed by MAO-MSO Recovery II, LLC, MSP Recovery, LLC, MSPA Claims 1, LLC. (Attachments: #1 Exhibit A-Certificate of Good Standing, #2 Affidavit of Christopher L. Coffin)(Turner, Tracy)
April 5, 2017 Filing 4 Attorney Appearance by Michael L. Baum filed by on behalf of MAO-MSO Recovery II, LLC, MSP Recovery, LLC, MSPA Claims 1, LLC. (Baum, Michael)
April 3, 2017 Filing 3 Original Summons and Magistrate Consent Form issued to counsel for service upon All Defendants. (Attachments: #1 Magistrate Consent Form) (P,WL)
April 3, 2017 Notice to Attorney Courtney L. Stidham. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. Related document(s) #1 . (G,CA)
April 3, 2017 Notice to Attorney Christopher L. Coffin. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. Related document(s) #1 . (G,CA)
April 3, 2017 Notice to Attorney Pedram Esfandiary. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. Related document(s) #1 . (G,CA)
April 3, 2017 Notice to Attorney R. Brent Wisner. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. Related document(s) #1 . (G,CA)
March 31, 2017 Filing 2 Corporate Disclosure Statement identifying Corporate Parent MSP Recovery, LLC, Corporate Parent RD Legal Finance, LLC for MAO-MSO Recovery II, LLC; Corporate Parent MSP Recovery Services, LLC for MSPA Claims 1, LLC filed by MAO-MSO Recovery II, LLC, MSP Recovery, LLC, MSPA Claims 1, LLC. (Turner, Tracy)
March 31, 2017 Filing 1 Complaint with jury demand against Progressive Corporation. Filing fee paid $ 400, Receipt number 0647-8094642. Plaintiff has indicated that case may be related to pending civil action 1:17-cv-00390. Filed by MSP Recovery, LLC, MAO-MSO Recovery II, LLC, MSPA Claims 1, LLC. (Attachments: #1 Civil Cover Sheet, #2 Summons) (Turner, Tracy) Modified text on 4/12/2017 (P,WL).
March 31, 2017 Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Jonathan D. Greenberg. (P,WL)
March 31, 2017 Judge James S. Gwin assigned to case. (P,WL)

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Search for this case: MAO-MSO Recovery II, LLC et al v. Progressive Corporation, et al.
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Defendant: The Progressive Corporation d/b/a Progressive Group of Insurance Companies and Progressive Casualty Insurance Company
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Defendant: Progressive Corporation
Represented By: Jeffrey S. Cashdan
Represented By: Zachary A. McEntyre
Represented By: Kenneth G. Prabucki
Represented By: Emily S. Newton
Represented By: David J. Farber
Represented By: Michael K. Farrell
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Defendant: Progressive Insurance
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Defendant: Progressive Casualty Insurance Company
Represented By: Jeffrey S. Cashdan
Represented By: Kenneth G. Prabucki
Represented By: Zachary A. McEntyre
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Defendant: Progressive
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Defendant: Progressive Group of Insurance Companies
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Plaintiff: MSP Recovery, LLC
Represented By: Michael L. Baum
Represented By: Courtney L. Stidham
Represented By: Pedram Esfandiary
Represented By: R. Brent Wisner
Represented By: Christopher L. Coffin
Represented By: Tracy L. Turner
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Plaintiff: MSPA Claims 1, LLC
Represented By: Michael L. Baum
Represented By: Courtney L. Stidham
Represented By: Pedram Esfandiary
Represented By: R. Brent Wisner
Represented By: Christopher L. Coffin
Represented By: Tracy L. Turner
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Plaintiff: MAO-MSO Recovery II, LLC
Represented By: Michael L. Baum
Represented By: Courtney L. Stidham
Represented By: Pedram Esfandiary
Represented By: R. Brent Wisner
Represented By: Christopher L. Coffin
Represented By: Tracy L. Turner
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