Kline et al v. Mortgage Electronic Security Systems et al
Eugene Kline, Jon Shayne Jones, Diana L Hughes, George Ross, Carol Ross and On Behalf of Themselves and All Others Similarly Situated |
Mortgage Electronic Security Systems, Wells Fargo, Heartland Home Finance, Inc., Homeq Servicing Coporation, Reimer, Lorber and Arnovitz Co., LPA, Lerner Sampson and Rothfuss, WMC Mortgage Corporation, Ameriquest Mortgage Company, Countrywide Home Loans, Chase Home Finance and Flagstar Bank FSB |
3:2008cv00408 |
November 10, 2008 |
US District Court for the Southern District of Ohio |
Consumer Credit Office |
MONTGOMERY |
Walter H Rice |
Plaintiff |
Federal Question |
15:1692 Fair Debt Collection Act |
Available Case Documents
The following documents for this case are available for you to view or download:
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Filing 513 DECISION AND ENTRY OVERRULING PLAINTIFF EUGENE KLINE'S MOTION FOR RECONSIDERATION, TREATED AS A MOTION TO ALTER OR AMEND A JUDGMENT PURSUANT TO RULE 59(e) (DOC. # 495 ) OF THE COURT'S ENTRY OF SUMMARY JUDGMENT IN FAVOR OF DEFENDANTS (DOC. # 492 ) AND OVERRULING PLAINTIFF'S MOTION FOR LEAVE TO FILE A SECOND AMENDED COMPLAINT (DOC. # 494 ); PLAINTIFF'S MOTION FOR RELIEF FROM JUDGMENT UNDER RULE 60 IS OVERRULED (DOC. # 496 ). Signed by Judge Walter H. Rice on 7/18/16. (kma) |
Filing 492 DECISION AND ENTRY SUSTAINING THE MOTIONS FOR SUMMARYJUDGMENT FILED BY ALL DEFENDANTS (DOC. # 414 , # 416 , # 417 ,# 418 , & # 419 ), OVERRULING AS MOOT DEFENDANTS' MOTIONS INLIMINE (DOC. # 456 , # 457 , # 458 , # 459 , # 460 , & # 461 ), ANDOVERRULING AS MOOT PLAINTIFF'S MOTION FORRECONSIDERATION (DOC. # 472 ); JUDGMENT TO ENTER IN FAVOROF DEFENDANTS ON ALL OF PLAINTIFF'S CLAIMS; TERMINATION ENTRY. Signed by Judge Walter H. Rice on 12/23/2015. (ead) |
Filing 486 ORDER SUSTAINING IN PART AND OVERRULING IN PART PLAINTIFF EUGENE KLINE'S MOTION TO STRIKE NEW EVIDENCE AND NEW ARGUMENTS RAISED BY DEFENDANTS IN REPLY TO SUMMARY JUDGMENT (DOC. # 478 ); PLAINTIFF IS GRANTED LEAVE TO FILE SUR-REPLIES WITHIN TEN (10) DAYS FROM DATE. Signed by Judge Walter H. Rice on 12/7/15. (pb) |
Filing 471 DECISION AND ENTRY OVERRULLING PLAINTIFF EUGENE KLINE'S NOTICE OF MOTION TO COMPEL PRODUCTION OF DOCUMENTS (DOC. # [450) - In conclusion, Kline's attorney failed to make the requisite extrajudicial effort required to resolve this controvers y by Rule 37(a)( 1) of the Federal Rules of CivilProcedure. Furthermore, the Motion to Compel and the arguments in support ofsame do not demonstrate that the documents Kline seeks are "relevant to anyparty's claim or defense," as requi red for production under Rule 26(b)(1 ). For these reasons, it is unnecessary to consider whether Reimer waived the asserted attorney-client privilege by quoting from the Rosicki Addendum. For these reasons, the Motion to Compel (Doc. #450) is OVERRULED. Signed by Judge Walter H. Rice on 4/19/2015. (srb) |
Filing 421 ENTRY SUSTAINING THE PARTIES' JOINT MOTION FOR 30-DAY STAY OF ALL PROCEEDINGS FOR FINAL ATTEMPT AT MEDIATION AND SETTLEMENT (DOC. # 420 ); ORDER TO THE PARTIES. Signed by Judge Walter H Rice on 3/31/2015. (ead1) |
Filing 415 DECISION AND ENTRY OVERRULING, WITHOUT PREJUDICE TO RENEWAL AFTER THE COURT'S FUTURE CLASS CERTIFICATION RULING, PLAINTIFF EUGENE KLINE'S MOTION TO AMEND THE [AMENDED] COMPLAINT (DOC. # 391 ) AND OVERRULING AS MOOT DEFENDANTS' MOTION FOR RECONSIDERATION OF ORDER EXTENDING TIME FOR IDENTIFYING EXPERT WITNESSES (DOC. # 398 ). Signed by Judge Walter H Rice on 3/27/2015. (jdf1) |
Filing 387 DECISION AND ENTRY SUSTAINING THE MOTION FOR RECONSIDERATION OF RECENT DISCOVERY RULING FILED BY DEFENDNAT BARCLAYS CAPITAL REAL ESTATE, INC. (DOC.# 380 ); SAID DEFENDANT'S OBJECTIONS TO THE INTERROGATORIES OF PLAINTIFF EUGENE KLINE SUSTAINED. Signed by Judge Walter H Rice on 10/27/2014. The parties are reminded of the telephone confernce scheduled for Monday, October 27, 2014, at 4:30 pm. (jdf1) |
Filing 377 DECISION AND ENTRY SUSTAINING PLAINTIFF EUGENE KLINES MOTION TO REMOVE CONFIDENTIALITY PROTECTION FOR CERTAIN DOCUMENTS (DOC. # 339 ); SUSTAINING IN PART AND OVERRULING IN PART SAID PLAINTIFFS MOTION TO COMPEL DISCLOSURE FROM DEFENDANT MORTGAGE ELECT RONIC REGISTRATION SYSTEMS (DOC. # 345 ); SUSTAINING IN PART AND OVERRULING IN PART SAID PLAINTIFFS MOTION TO COMPEL DISCLOSURE FROM DEFENDANT WELLS FARGO BANK, N.A. (DOC. # 346 ); SUSTAINING SAID PLAINTIFFS MOTION TO COMPEL DISCLOSURE FROM DEFENDANT BARCLAYS CAPITAL REAL ESTATE, INC. (DOC. # 347 ); AND OVERRULING AS MOOT DEFENDANTS MOTION TO EXTEND TIME FOR RESPONSES TO DISCOVERY MOTIONS (DOC. # 343 ) AND DEFENDANTS MOTION REQUESTING DISCOVERY CONFERENCE (DOC. # 355 ); DEFENDANTS ARE ORDERED TO PRODUCE, WITHIN TWENTY-ONE (21) DAYS FROM DATE, RESPONSES TO PLAINTIFFS DISCOVERY REQUESTS. Signed by Judge Walter H Rice on 10/1/2014. (jdf1) |
Filing 367 DECISION AND ENTRY SUSTAINING IN PART AND OVERRULING IN PART DEFENDANT LERNER, SAMPSON & ROTHFUSS'S MOTION FOR PARTIAL SUMMARY JUDGMENT DOC. # 310 ; DISMISSING WITH PREJUDICE THE CLAIM OF PLAINTIFF EUGENE KLINE AGAINST SAID DEFENDANT UNDER THE OHIO CONSUMER SALES PRACTICES ACT, OHIO REV. CODE § 1345.02. Signed by Judge Walter H Rice on 09/08/2014. (ead1) |
Filing 366 ORDER granting in part and denying in part 323 Motion for Judgment on the Pleadings - DECISION AND ENTRY SUSTAINING IN PART AND OVERRULING IN PART DEFENDANT REIMER, LORBER AND ARNOVITZ CO., LPA'S MOTION FOR JUDGMENT ON THE PLEADINGS (DOC. #323) AND DISMISSING WITH PREJUDICE THE CLAIM OF PLAINTIFF EUGENE KLINE AGAINST SAID DEFENDANT UNDER THE OHIO CONSUMER SALES PRACTICES ACT, OHIO REV. CODE § 1345.02. Signed by Judge Walter H Rice on 9-5-2014. (ead1) |
Filing 358 ENTRY JOURNALIZING RESULTS OF DISCOVERY STATUS CONFERENCE OF MONDAY, JULY 28, 2014; FURTHER CONFERENCE CALL SET. Signed by Judge Walter H Rice on 07/31/14. (pb1) |
Filing 329 ORDER SUSTAINING THE MOTION FOR EXTENSION OF TIME AND NEW TRIAL DATE (DOC. # 322 ), AND ADOPTING THE NEW TRIAL AND OTHER DATES IN THE PROPOSED ORDER STIPULATED TO BY THE PARTIES; ORDER TO PLAINTIFF EUGENE KLINE TO FILE, WITHIN TEN (10) CLAENDAR DAYS FROM DATE, A RESPOSIVE MEMORANDUM TO THE MOTION FOR JUDGMENT ON THE PLEADINGS (DOC. # 323 ) FILED BY DEFENDANT REIMER, LORBER & ARNOVITZ CO., LPA. Signed by Judge Walter H Rice on 3/28/2014. (jdf1) |
Filing 321 RECUSAL ORDER - This matter is before the undersigned for Mediation The undersigned hereby RECUSES himself from any participation in this case and requests the Chief Magistrate Judge reassign the case to another Mediator. Signed by Magistrate Judge Michael J Newman on 02/14/14. (pb1) |
Filing 306 ENTRY AND ORDER DISMISSING ANY REMAINING STATE LAW CLAIMS OF PLAINTIFFS GEORGE ROSS AND CAROL ROSS AGAINST DEFENDANTS MORTGAGE ELECTRONIC SECURITY SYSTEMS AND LERNER, SAMPSON & ROTHFUSS, WITHOUT PREJUDICE TO REFILING IN A STATE COURT OF COMPETENT JURISDICTION. Signed by Judge Walter H Rice on 09/18/13. (pb1) |
Filing 294 DECISION AND ENTRY CLARIFYING THE COURT'S DECISION AND ENTRY OF APRIL 19, 2012 (DOC. 271 ); PLAINTIFF EUGENE KLINE'S FDCPA CLAIMS AGAINST DEFENDANT LERNER, SAMPSON & ROTHFUSS REINSTATED ONLY AS TO SAID PLAINTIFF'S CLAIM UNDER 15 U.S. C. 1692f(1 ); STATE LAW CLAIMS FOR UNJUST ENRICHMENT AND VIOLATION OF THE OHIO CONSUMER SALES PRACTICES ACT OF SAID PLAINTIFF AGAINST SAID DEFENDANTREINSTATED; DEFENDANT LERNER, SAMPSON & ROTHFUSS' MOTION FOR JUDGMENT ON THE PLEADINGS AS TO PLAI NTIFF KLINE'S CLAIMS (DOC. 277 ) OVERRULED; DEFENDANT LERNER, SAMPSON & ROTHFUSS' MOTION TO STAY DISCOVERY AND TO EXTEND DEADLINES PENDING A DECISION ON MOTION FOR JUDGMENT ON THE PLEADINGS (DOC. 278 ) OVERRULED AS MOOT. Signed by Judge Walter H Rice on 2/27/2013. (kf) |
Filing 293 DECISION AND ENTRY CLARIFYING THE COURT'S DECISION AND ENTRY OF APRIL 19, 2012 (DOC. 271 ); PLAINTIFF EUGENE KLINE'S FDCPA CLAIMS AGAINST DEFENDANT REIMER, LORBER AND ARNOVITZ CO., LPA REINSTATED ONLY AS TO SAID PLAINTIFF'S CLAIM UND ER 15 U.S.C. 1692f(1 ); STATE LAW CLAIMS OF SAID PLAINTIFF AGAINST SAID DEFENDANT FOR UNJUST ENRICHMENT AND UNDER THE OHIO CONSUMER SALES PRACTICES ACT EINSTATED; PLAINTIFF EUGENE KLINE'S MOTION TO ALTER OR AMEND JUDGMENT PURSUANT TO RULE 54 OF THE FEDERAL RULES OF CIVIL PROCEDURE (DOC. 280 ) REQUESTING REINSTATEMENT OF SAID PLAINTIFF'S FDCPA CLAIM UNDER 15 U.S.C. 1692e OVERRULED; DEFENDANT REIMER, LORBER AND ARNOVITZ CO., LPA'S MOTION TO DISMISS PLAINTIFF'S AMENDED COMPLAINT (DOC. 274 ) OVERRULED; DEFENDANT REIMER, LORBER AND ARNOVITZ CO., LPA'S MOTION TO STAY DISCOVERY PENDING A RULING ON MOTION TO DISMISS FIRST AMENDED COMPLAINT (DOC. [276) OVERRULED AS MOOT.Signed by Judge Walter H Rice on 2/26/2013. (kf) |
Filing 271 DECISION AND ENTRY SUSTAINING PLAINTIFFS' MOTION TO ALTER OR TO AMEND JUDGMENT (DOC. 265 ), TREATED AS A MOTION FOR RECONSIDERATION UNDER FED. R. CIV. P. 54(b); PLAINTIFF EUGENE KLINE'S CLAIMS UNDER THE FDCPA AGAINST DEFENDANTS LERNER, SAMPSON AND ROTHFUSS AND REIMER, LORBER AND ARNOVITZ REINSTATED. Signed by Judge Walter H Rice on 04/19/2012. (kf) |
Filing 264 DECISION AND ENTRY SUSTAINING PLAINTIFFS' MOTION FOR RECONSIDERATION (DOC. # 244 ); DECISION AND ENTRY OVERRULING MOTION FOR RECONSIDERATION FILED BYDEFENDANT WELLS FARGO BANK, N.A. (DOC. # 245 ); CONFERENCE CALL SET. Counsel will note that the Court has scheduled a telephone conference call on Tuesday, February 28, 2012 at 8:30 a.m. for the purpose of selecting pertinent dates leading to the conclusion of this litigation. Signed by Judge Walter H Rice on 1/31/2012. (mdf1) |
Filing 263 DECISION AND ENTRY SUSTAINING IN PART AND OVERRULING, AS MOOT, IN PART THE MOTION OF DEFENDANT LERNER, SAMPSON AND ROTHFUSS FOR JUDGMENT ON THE PLEADINGS (DOC. 242 ); CLAIMS OF DEFENDANTS JONES AND THE ROSSES VERSUS SAID DEFENDANT DISMISSED WITH PREJUDICE; STATE LAW CLAIMS OF SAID PLAINTIFFS VERSUS SAID DEFENDANT UNDER OHIO CONSUMER SALES PRACTICES ACT DISMISSED WITHOUT PREJUDICE. Signed by Judge Walter H Rice on 11/3/2011. (sc1) |
Filing 241 DECISION AND ENTRY OVERRULING OBJECTIONS FILED BY DEFENDANT BARCLAYS CAPITAL REAL ESTATE, INC. (DOC. # 232 ) TO REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE (DOC. # 229 ); REPORT AND RECOMMENDATIONS ADOPTED; MOTION TO DISMISS FILED BY DEFENDANT BARCLAYS CAPITAL REAL ESTATE, INC. (DOC. # 178 ) SUSTAINED IN PART AND OVERRULED IN PART. Signed by Judge Walter H Rice on 3/29/2011. (mdf1) |
Filing 240 DECISION AND ENTRY SUSTAINING IN PART AND OVERRULING IN PART OBJECTIONS FILED BY DEFENDANT WELLS FARGO BANK, N.A. (DOC. # 231 ) TO REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE (DOC. # 226 ); REPORT AND RECOMMENDATIONS ADOPTED IN P ART AND REJECTED IN PART; MOTION FOR JUDGMENT ON THE PLEADINGS WITH RESPECT TO THE CLAIMS OF EUGENE KLINE FILED BY DEFENDANT WELLS FARGO BANK, N.A. (DOC. # 180 ), SUSTAINED IN PART AND OVERRULED IN PART. Signed by Judge Walter H Rice on 3/28/2011. (mdf1) |
Filing 239 DECISION AND ENTRY OVERRULING PLAINTIFFS' OBJECTIONS (DOC. # 224 ) TO REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE (DOC. # 223 ); REPORT AND RECOMMENDATIONS ADOPTED IN ITS ENTIRETY; MOTION TO DISMISS PLAINTIFFS' AMENDED COMPLAINT FILED BY DEFENDANT MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (DOC. # 174 ), SUSTAINED IN PART AND OVERRULED IN PART. Signed by Judge Walter H Rice on 3/25/2011. (mdf1) |
Filing 236 DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS OF MAGISTRATE JUDGE (DOC. # 228 ); DECISION AND ENTRY SUSTAINING MOTION TO DISMISS FILED BY DEFENDANT COUNTRYWIDE HOME LOAN SERVICING, LP (DOC. # 183 ). Signed by Judge Walter H Rice on 3/24/2011. (mdf1) |
Filing 229 REPORT AND RECOMMENDATIONS - IT THEREFORE IS RECOMMENDED THAT: 1. Defendant Barclays Capital Real Estate Inc.s motion to dismiss (Doc. # 178 ) be GRANTED IN PART, as to Plaintiff Eugene Klines claims under the Truth in Lending Act and for breach of contract; and that those claims as set forth in the Second and Fifth Claims for Relief in Plaintiffs amended complaint (Doc. # 157 at 137-40, 162-76) be DISMISSED WITH PREJUDICE as against said Defendant only; 2. Defendant Barclays Capital Real Esta te Inc.s motion to dismiss (Doc. # 178 ) be DENIED WITHOUT PREJUDICE in all other respects; and, 3. This matter remain pending on the docket of this Court as to all remaining claims against all remaining Defendants, and proceed in accordance with the established schedule. Objections to R&R due by 3/7/2011. Signed by Magistrate Judge Sharon L Ovington on 02/18/11. (pb1) |
Filing 215 DECISION AND ENTRY SUSTAINING MOTION FOR SUMMARY JUDGMENT FILED BY DEFENDANT FLAGSTAR BANK, FSB (Doc. 132 ), TREATED AS A MOTION TO DISMISS UNDER FED. R. CIV. P. 12(b)(6). Signed by Judge Walter H Rice on 9/28/2010. (kje1) |
Filing 156 DECISION AND ENTRY SUSTAINING IN PART AND OVERRULING IN PART PLAINTIFFS OBJECTIONS 146 TO REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE 136 ; REPORT AND RECOMMENDATIONS ADOPTED IN PART AND REJECTED IN PART; MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS FILED BY DEFENDANT COUNTRYWIDE HOME LOANS 72 , SUSTAINED IN PART AND OVERRULED IN PART. Signed by Judge Walter H Rice on 3/30/2010. (jwd1) |
Filing 154 DECISION AND ENTRY SUSTAINING IN PART AND OVERRULING IN PART PLAINTIFFS OBJECTIONS 143 TO REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE 133 ; REPORT AND RECOMMENDATIONS ADOPTED IN PART AND REJECTED IN PART; MOTION TO DISMISS FILED BY DEFENDANT MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. 31 , SUSTAINED IN PART AND OVERRULED IN PART. Signed by Judge Walter H Rice on 3/29/2010. (jwd1) |
Filing 150 DECISION AND ENTRY OVERRULING PLAINTIFF'S OBJECTIONS (DOC. 126 ) TO REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE (DOC. 125 ); REPORT AND RECOMMENDATIONS ADOPTED, AS SUPPLEMENTED HEREIN BY THE COURT'S REASONING AND CITATIONS TO AUTHORITY; MOTION TO DISMISS FILED BY DEFENDANT REIMER, LORBER AND ARNOVITZ CO., LPA (DOC. 35 ), SUSTAINED. Signed by Judge Walter H Rice on 3/22/10. (cib1) |
Filing 125 REPORT AND RECOMMENDATIONS re 1 Complaint - IT THEREFORE IS RECOMMENDED THAT: 1. Defendant Reimer, Lorber and Arnovitzs Motion to Dismiss 35 be GRANTED as to all individual Plaintiffs claims against said Defendant set forth in their Complaints Fi rst and Fifth Claims for Relief only, and that Plaintiffs corresponding Fair Debt Collection Practices Act and breach of contract claims 1 at (126-132, 145-147) be DISMISSED as against such Defendant only; 2. Defendant Reimer, Lorber and Arnovitz 039;s Motion to Dismiss 35 be GRANTED pursuant to 28 U.S.C. § 1367(c)(3) as to all Plaintiffs remaining supplemental state law claims against said Defendant set forth in their Complaints Third and Fourth Claims for Relief, and that Plaintiffs corresponding Ohio Consumer Sales Practices Act and unjust enrichment claims 1 at (137-140, 141-1440) be DISMISSED WITHOUT PREJUDICE as against such Defendant only; 3. The Clerk of Courts enter judgment in favor of Defendant Reimer, Lorber and Arnov itz only and against all Plaintiffs in accordance with the foregoing; and 4. This matter remain pending on the docket of this Court as to all claims against all other Defendants, and proceed in accordance with the established schedule. Objections to R and R due by 12/14/2009. Signed by Magistrate Judge Sharon L Ovington on 11/24/2009. (jwd1) Modified on 11/25/2009 to edit text (sc1, ). |
Filing 116 DECISION AND ENTRY SUSTAINING IN PART AND OVERRULING IN PART PLAINTIFFS' OBJECTIONS (DOC. 110 ) TO REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE (DOC. 106 ); REPORT AND RECOMMENDATIONS ADOPTED IN PART, AS SUPPLEMENTED HEREIN BY THE COURTS REASONING AND CITATIONS TO AUTHORITY, AND REJECTED IN PART; MOTION TO DISMISS FILED BY DEFENDANT LERNER, SAMPSON & ROTHFUSS (DOC. 18 ) SUSTAINED IN PART AND OVERRULED IN PART. Signed by Judge Walter H Rice on 9/21/09. (cib1) |
Filing 115 REPORT AND RECOMMENDATIONS THAT: 1. Defendant Wachovia Equity Servicing's Motion to Dismiss (Doc. 30 ) be DENIED WITHOUT PREJUDICE as to all Plaintiffs' claims against Defendant set forth in their Complaint; 2. Plaintiffs be GRANTED a pe riod of thirty (30) days in which to conduct limited discovery as to the ownership of HomEq and the proper party to this action, at the conclusion of which Defendant Wachovia may renew its Motion; 3. This matter remains pending on the docket of this Court. Objections to R&R due by 9/28/2009. Signed by Magistrate Judge Sharon L Ovington on 9/9/2009. (sc1, ) |
Filing 106 REPORT AND RECOMMENDATIONS IT THEREFORE IS RECOMMENDED THAT: 1. Defendant Lerner, Sampson and Rothfuss's motion to dismiss (Do. 18 be Granted Pursuant to Fed. R. Civ. P. 12(b)(6) as to all individual Plaintiffs' claims against said Defend ant set forth in their complaint's First and Fifth Claims for Relief only, and that Plaintiffs' corresponding Fair Debt Collection Practices Act and breach of contract claims (Doc. [1} at 126-132, 145-147) be DISMISSED WITH PREJUDICE as aga inst such Defendant only; 2. Defendant Lerner, Sampson and Rothfuss's motion to dismiss (Doc. 18 ) be GRANTED pursuant to 28 USC 1367(c)(3) as to all Plaintiffs' remaining supplemental state law claims against said Defendant set forth in t heir complaint's Third and Fourth Claims for Relief, and that Plaintiffs' corresponding Ohio Consumer Sales Practices Act and unjust enrichment claims (Doc 1 at 137-140, 141-144) be DISMISSED WITHOUT PREJUDICE as against such Defendant on ly; 3. The Clerk of Courts enter judgment in favor of Defendant Lerner, Sampson and Rothfuss only and against all Plaintiffs in accordance with the foregoing; and 4. This matter remain pending on the docket of this Court as to all claims against all other Defendants, and proceed in accordance with established schedule. Objections to R&R due by 7/27/2009. Signed by Magistrate Judge Sharon L Ovington on 7/10/2009. (jdf1, ) |
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