Commonwealth Of Pennsylvania v. Navient Corporation et al
Plaintiff: Commonwealth Of Pennsylvania
Defendant: Navient Solutions, LLC and Navient Corporation
Case Number: 3:2017cv01814
Filed: October 5, 2017
Court: US District Court for the Middle District of Pennsylvania
Office: Scranton Office
County: Luzerne
Presiding Judge: Robert D Mariani
Nature of Suit: Other Statutory Actions
Cause of Action: 15:1692
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on May 2, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 2, 2019 Receipt of payment from NAVIENT in the amount of $505.00 for NOTICE OF APPEAL/DOCKETING FEE. Transaction posted on 5/1/2019. Receipt number 333065578 processed by epetrosk. (jjs, )
April 30, 2019 Filing 80 NOTICE OF APPEAL in Non Prisoner Case by Navient. Filing Fee and Docket Fee Paid. Filing fee $ 505 Receipt Number: 333065578. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (bg)
April 30, 2019 Opinion or Order Filing 79 ORDER of USCA granting Petition for Leave to Appeal (Batts, Pam)
March 22, 2019 Opinion or Order Filing 78 Order approving re #77 Stipulation. The deadline for Defendants to file a reply brief in support of the Motion to Modify the Protective Order is established as 14 days after the stay in this matter is lifted. Signed by Honorable Robert D. Mariani on 3/22/19. (jam)
March 21, 2019 Filing 77 STIPULATION To Establish the Deadline for Defendants to File a Reply Brief in Support of the Motion to Modify the Protective Order by Navient Corporation, Navient Solutions, LLC. (Attachments: #1 Proposed Order)(Brier, Daniel)
March 13, 2019 Filing 76 BRIEF IN OPPOSITION re #62 MOTION to Modify Protective Order or Refer Discovery Matters to Special Master Vanaskie filed by Commonwealth Of Pennsylvania. (Attachments: #1 Proposed Order, #2 Appendix)(Abel, John)
March 12, 2019 Opinion or Order Filing 75 ORDER granting #74 Motion For Stay of Proceedings. Navient will produce nationwide borrower data to the AG within 1 week of the date of its Motion for stay. Navient will produce telephone call recordings to the AG within 1 week of production in the CFPB v Navient Corp matter. This Court's 3/21/18 scheduling order (Doc. 30) is VACATED, and upon lifting the stay, the parties are ordered to meet and confer regarding a proposed scheduling order. All proceedings in this matter are STAYED until the Third Circuit has resolved all issues related to the interlocutory appeal. Signed by Honorable Robert D. Mariani on 3/12/19 (jam)
March 11, 2019 Filing 74 Unopposed MOTION to Stay of Proceedings by Navient Corporation, Navient Solutions, LLC. (Attachments: #1 Appendix of Unpublished Opinions, #2 Proposed Order)(Brier, Daniel)
March 11, 2019 Filing 73 Notice of Change of Address of Kirkland & Ellis LLP by Navient Corporation, Navient Solutions, LLC. . (Brier, Daniel)
March 6, 2019 Filing 72 Notice of Change of Firm and Change of Address of Michael Shumsky by Navient Corporation, Navient Solutions, LLC. . (Brier, Daniel)
March 5, 2019 Opinion or Order Filing 71 ORDER granting #53 Motion for Certificate of Appealability. IT IS HEREBY ORDERED THAT the Motion for Certification is GRANTED AS FOLLOWS:1.The Courts December 17, 2018 Order denying Defendants motion to dismiss Plaintiffs complaint (Doc. 48) is CERTIFIED to the Court of Appeals for review pursuant to 28 U.S.C. 1292(b). The following issues are CERTIFIED for review as presenting controlling questions of law as to which there are substantial grounds for difference of opinion and as to which an immediate appeal from the December 17, 2018 Order may materially advance the ultimate termination of the litigation:a.Whether the Consumer Financial Protection Act, 12 U.S.C. 5552(a)(1), prohibits copycat claims brought by a state when the Consumer Financial Protection Bureau has its own parallel lawsuit against the same defendants regarding the same conduct;b.Whether the Higher Education Act, 20 U.S.C. 1098g, preempts state law claims brought under the Pennsylvania Unfair Trade Practices and Consumer Protection Law (CPL), 73 Pa. Stat. and Cons. Stat. Ann 201-1, et seq. challenging Defendants student loan servicing practices; andc.Whether the Commonwealth has adequately pled a claim for relief under the CPL regarding Navients subprime student loan origination practices where all the factual allegations relate to past misconduct (Doc. 1 45-93) and where the only allegations of ongoing or prospective conduct are limited to statements that Navient [is] using, [has] used, or [is] about to use methods, acts or practices declared unlawful by Section 201-3 of the [CPL], and that citizens of the Commonwealth are suffering and will continue to suffer harm absent injunctive relief (Doc. 1 5, 12).2.Pursuant to 28 U.S.C. 1292(b), within ten days of entry of this Order, Defendants must submit an application to the Court of Appeals. Signed by Honorable Robert D. Mariani on 3/5/19 (jam)
March 5, 2019 Filing 70 MEMORANDUM OPINION (Order to follow as separate docket entry) re #53 MOTION for Certificate of Appealability filed by Navient Corporation, Navient Solutions, LLC. Signed by Honorable Robert D. Mariani on 3/5/19. (jam)
March 4, 2019 Opinion or Order Filing 69 ORDER granting #67 Motion to Clarify Response Deadline. Defendants' Motion to Modify Protective Order or Refer Discovery Matters to Special Master Vanaskie filed on 2/7/19 (Doc. 62) serves as both motion and supporting brief for purposes of L.R. 7.1 and 7.5. The deadline for Plaintiff to file an opposition brief shall be 14 days from 2/27/19. Signed by Honorable Robert D. Mariani on 3/4/19 (jam)
March 1, 2019 Filing 68 Proposed Order by Navient Corporation, Navient Solutions, LLC. #67 Joint MOTION to Clarify Response Deadline . (Brier, Daniel)
February 27, 2019 Filing 67 Joint MOTION to Clarify Response Deadline by Navient Corporation, Navient Solutions, LLC.(Brier, Daniel)
February 21, 2019 Filing 66 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Teleconference held on 2/8/2019 before Judge Mariani. Court Reporter Kristin Yeager, Telephone number 570.241.6612. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/14/2019. Redacted Transcript Deadline set for 3/25/2019. Release of Transcript Restriction set for 5/22/2019. (cr)
February 11, 2019 Opinion or Order Filing 64 ORDER: 1. Navient shall produce all nationwide borrower data and call recordings to the Commonwealth that it has produced or will produce to the CFPB in the CFPBNavient matter. 2. Until further order of the Court, the Commonwealth may not share such borrower data and call recordings with other state attorneys general. Signed by Honorable Robert D. Mariani on 2/11/2019. (bg)
February 8, 2019 Filing 63 COURT REPORTER NOTES OF PROCEEDINGS filed by K. Yeager of Teleconference before Judge Mariani on 2/8/19. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Mariani on 2/8/19. By s/ K. Yeager. (Court Reporter Notes are viewable by court staff only). (cr)
February 7, 2019 Filing 62 MOTION to Modify Protective Order or Refer Discovery Matters to Special Master Vanaskie by Navient Corporation, Navient Solutions, LLC. (Attachments: #1 Proposed Order, #2 Proposed Order)(Brier, Daniel)
February 4, 2019 Opinion or Order Filing 60 SCHEDULING ORDER: IT IS HEREBY ORDERED THAT: 1. The parties shall confer regarding a possible resolution to the discovery dispute. A Telephone Discovery Conference shall be held on Friday 2/8/2019 03:00 PM. Counsel for Plaintiff is responsible for arranging the call and all parties should be ready to proceed before Chambers is contacted. In the event the parties resolve the discovery dispute before the scheduled conference call, they shall so inform the Court.Signed by Honorable Robert D. Mariani on 2/4/19. (jam)
February 1, 2019 Filing 59 REPLY BRIEF re #53 MOTION for Certificate of Appealability filed by Navient Corporation, Navient Solutions, LLC. (Attachments: #1 Exhibit(s) A - Form 8-K, #2 Exhibit(s) B - Assurance of Discontinuance, #3 Unpublished Opinion(s))(Brier, Daniel)
February 1, 2019 Filing 58 COURT REPORTER NOTES OF PROCEEDINGS filed by K. Yeager of Telephonic discovery conference before Judge Mariani on 2/1/19. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Mariani on 2/1/19. By s/ K. Yeager. (Court Reporter Notes are viewable by court staff only). (cr)
January 18, 2019 Filing 57 BRIEF IN OPPOSITION re #53 MOTION for Certificate of Appealability filed by Commonwealth Of Pennsylvania. (Attachments: #1 Appendix Plaintiff's Appendix of Unreported Cases)(Smyth, Nicholas)
January 14, 2019 Filing 56 Defendants' ANSWER to #1 Complaint for Permanent Injunction and Other Relief by Navient Corporation, Navient Solutions, LLC.(Brier, Daniel)
January 10, 2019 Opinion or Order Filing 55 SCHEDULING ORDER: Telephone Discovery Conference set for 2/1/2019 03:00 PM before Honorable Robert D. Mariani. Counsel for Plaintiff is responsible for arranging the call and all parties should be ready to proceed before Chambers is contacted. Signed by Honorable Robert D. Mariani on 1/10/19. (jam)
January 4, 2019 Filing 54 BRIEF IN SUPPORT re #53 MOTION for Certificate of Appealability filed by Navient Corporation, Navient Solutions, LLC. (Attachments: #1 Unpublished Opinion(s))(Brier, Daniel)
January 4, 2019 Filing 53 MOTION for Certificate of Appealability by Navient Corporation, Navient Solutions, LLC. (Attachments: #1 Proposed Order)(Brier, Daniel)
January 4, 2019 Filing 52 Letter from Defendants . (Attachments: #1 Exhibit(s) A - November 5, 2018 Letter to Commonwealth)(Brier, Daniel)
December 21, 2018 Opinion or Order Filing 51 ORDER granting #50 Motion for Extension of Time to Answer. Defendants shall be granted until 1/14/19 to respond to the Complaint. Signed by Honorable Robert D. Mariani on 12/21/18 (jam)
December 21, 2018 Filing 50 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by Navient Corporation, Navient Solutions, LLC. (Attachments: #1 Proposed Order)(Brier, Daniel)
December 19, 2018 Opinion or Order Filing 49 ORDER re #46 Letter : IT IS HEREBY ORDERED THAT Defendants shall submit to the Court a concise response to Plaintiff's letter, not to exceed five pages, on or before 1/4/19 at 5:00 p.m. There will be no additional letters filed regarding this discovery dispute. Signed by Honorable Robert D. Mariani on 12/19/18. (jam)
December 17, 2018 Opinion or Order Filing 48 ORDER denying #16 Motion to Dismiss for Failure to State a Claim.Signed by Honorable Robert D. Mariani on 12/17/18 (jam)
December 17, 2018 Filing 47 MEMORANDUM OPINION (Order to follow as separate docket entry) re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Navient Corporation, Navient Solutions, LLC. Signed by Honorable Robert D. Mariani on 12/17/18. (jam)
December 12, 2018 Filing 46 Letter from Plaintiff Commonwealth of Pennsylvania Re Discovery Dispute Over Relevance of Borrower Records. (Smyth, Nicholas)
October 17, 2018 Opinion or Order Filing 45 ORDER (memorandum filed previously as separate docket entry). ORDERED THAT: Plaintiff's request for borrower documents in the possession, custody or control of Defendants that relate to Defendants' administration of Department of Education federal student loan programs is GRANTED. Defendants are ORDERED to produce all such documents to Plaintiff. Also ORDERED that all discovery production in this matter is made pursuant to the order of a court of competent jurisdiction. The parties are directed to timely meet and confer to discuss and resolve potential burden, scope, and relevancy issues related to the production of the borrower documents. See Order for full details. Signed by Honorable Robert D. Mariani on 10/16/18. (jam)
October 17, 2018 Filing 44 MEMORANDUM OPINION (Order to follow as separate docket entry).Signed by Honorable Robert D. Mariani on 10/16/18. (jam)
October 16, 2018 Filing 43 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Telephonic discovery conference held on 10/10/18 before Judge Mariani. Court Reporter Kristin Yeager, Telephone number 570.241.6612. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/6/2018. Redacted Transcript Deadline set for 11/16/2018. Release of Transcript Restriction set for 1/14/2019. (cr)
October 10, 2018 Filing 41 Letter from Plaintiff Commonwealth of Pennsylvania regarding Washington Order on Privacy Act. (Smyth, Nicholas)
October 10, 2018 Filing 40 COURT REPORTER NOTES OF PROCEEDINGS filed by Kristin Yeager of Telephonic discovery conference before Judge Mariani on 10/10/18. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Mariani on 10/10/18. By s/ Kristin Yeager. (Court Reporter Notes are viewable by court staff only). (cr)
September 25, 2018 Filing 39 NOTICE by Navient Corporation, Navient Solutions, LLC of Supplemental Authority (Attachments: #1 Exhibit(s) A)(Brier, Daniel)
September 19, 2018 Opinion or Order Filing 38 SCHEDULING ORDER: Telephone Discovery Conference set for 10/10/2018 11:30 AM. Counsel for Plaintiff is responsible for arranging the call and all parties should be ready to proceed before Chambers is contacted. Signed by Honorable Robert D. Mariani on 9/19/18. (jam)
August 22, 2018 Filing 37 NOTICE of Appearance by Jill T Ambrose on behalf of Commonwealth Of Pennsylvania (Ambrose, Jill)
August 20, 2018 Filing 36 Letter from Navient Defendants . (Attachments: #1 Appendix)(Brier, Daniel)
August 17, 2018 Filing 35 Letter from Commonwealth of Pennsylvania to Judge Mariani re Privacy Act discovery dispute. (Attachments: #1 Appendix to PA Letter to Judge Mariani re Privacy Act dispute)(Smyth, Nicholas)
July 12, 2018 Filing 34 NOTICE by Commonwealth Of Pennsylvania Second Notice of Supplemental Authority (Abel, John)
June 28, 2018 Filing 33 NOTICE by Commonwealth Of Pennsylvania Notice of Supplemental Authority (Abel, John)
May 7, 2018 Opinion or Order Filing 32 ORDER re #31 Stipulation Regarding Technical Specifications for Discovery. ORDERED THAT the parties' Confidentiality Agreement and Protective Order and Stiplation and Order Regarding Technical Specifications for Discovery are ACCEPTED. Signed by Honorable Robert D. Mariani on 5/7/18. (jam)
May 4, 2018 Filing 31 Joint MOTION for Protective Order by Commonwealth Of Pennsylvania. (Attachments: #1 Proposed Stipulated Order ESI Protocol, #2 Proposed Order Protective Order)(Abel, John)
March 21, 2018 Filing 30 ***VACATED. SEE ORDER DATED March 12, 2019 (Doc. 75) ***SCHEDULING ORDER: Motions to join additional parties shall be filed no later than forty-five (45) days after the Court issues an opinion on Defendants' Motion to Dismiss. Motions to amend the pleadings shall be filed no later than December 26, 2018. All fact discovery shall be commenced in time to be completed by March 26, 2019. All potentially dispositive motions shall be filed no later than August 23, 2019. If filing a motion for summary judgment, counsel shall provide the Court with a courtsey copy of that motion, supporting brief, and all accompanying exhibits. Reports from Plaintiff's experts shall be due by April 25, 2019. Reports from Defenants' experts shall be due by May 25, 2019. Supplementations shall be due by June 24, 2019. All expert discovery shall be commenced in time to be completed by July 24, 2019. (See Order for complete details).Signed by Honorable Robert D. Mariani on 3/20/18. (ga) Modified on 3/12/2019 (jam).
March 14, 2018 Filing 28 CASE MANAGEMENT PLAN Jointly with Navient by Commonwealth Of Pennsylvania. (Abel, John)
March 13, 2018 Filing 27 Defendants' Notice of Supplemental Authority by Navient Corporation, Navient Solutions, LLC. . (Brier, Daniel)
March 5, 2018 Filing 26 REPLY BRIEF re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Navient Corporation, Navient Solutions, LLC. (Attachments: #1 Appendix Unpublished Opinions)(Brier, Daniel)
February 2, 2018 Filing 25 BRIEF IN OPPOSITION re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Commonwealth Of Pennsylvania. (Attachments: #1 Appendix Plaintiff's Appendix of Unreported Cases)(Abel, John)
December 22, 2017 Filing 24 BRIEF IN SUPPORT re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Navient Corporation, Navient Solutions, LLC. (Attachments: #1 Appendix Unpublished Opinions)(Brier, Daniel)
December 14, 2017 Opinion or Order Filing 23 SCHEDULING ORDER: Case Management Conference VIA TELEPHONE set for 3/20/2018 11:15 AM. The placement of the telephone conference call is the responsibility of the plaintiff. See Order for additional details. Signed by Honorable Robert D. Mariani on 12/14/17. (jam)
December 7, 2017 Opinion or Order Filing 22 ORDER granting as modified #8 Motion to Extend Time and for Leave to File Excess Pages. Defendants' Brief in Support due 12/22/17, not to exceed 7,000 words. Plaintiff's Response due 2/5/18, not to exceed 7,000 words. Defendants' Reply due 3/5/18, not to exceed 5,000 words. Signed by Honorable Robert D. Mariani on 12/7/17 (jam)
December 7, 2017 Filing 21 SPECIAL ADMISSIONS FORM APPROVED as to Michael D. Shumsky, Esq.Signed by Honorable Robert D. Mariani on 12/7/17. (jam)
December 7, 2017 Filing 20 SPECIAL ADMISSIONS FORM APPROVED as to Andrew Pruitt, Esq.Signed by Honorable Robert D. Mariani on 12/7/17. (jam)
December 7, 2017 Filing 19 SPECIAL ADMISSIONS FORM APPROVED as to Patrick Brown, Esq.Signed by Honorable Robert D. Mariani on 12/7/17. (jam)
December 7, 2017 Filing 18 SPECIAL ADMISSIONS FORM APPROVED as to Jennifer Levy, Esq.Signed by Honorable Robert D. Mariani on 12/7/17. (jam)
December 7, 2017 Filing 17 SPECIAL ADMISSIONS FORM APPROVED as to Michael Kilgarriff, Esq.Signed by Honorable Robert D. Mariani on 12/7/17. (jam)
December 5, 2017 Filing 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Navient Corporation, Navient Solutions, LLC. (Attachments: #1 Proposed Order)(Brier, Daniel)
December 5, 2017 Filing 15 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Daniel T. Brier on behalf of Navient Corporation, Navient Solutions, LLC Attorney Michael D. Shumsky is seeking special admission. Filing fee $ 50, receipt number 0314-4272720.. (Brier, Daniel)
December 5, 2017 Filing 14 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Daniel T. Brier on behalf of Navient Corporation, Navient Solutions, LLC Attorney Andrew Pruitt is seeking special admission. Filing fee $ 50, receipt number 0314-4272713.. (Brier, Daniel)
December 5, 2017 Filing 13 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Daniel T. Brier on behalf of Navient Corporation, Navient Solutions, LLC Attorney Patrick Brown is seeking special admission. Filing fee $ 50, receipt number 0314-4272690.. (Brier, Daniel)
December 5, 2017 Filing 12 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Daniel T. Brier on behalf of Navient Corporation, Navient Solutions, LLC Attorney Jennifer Levy is seeking special admission. Filing fee $ 50, receipt number 0314-4272679.. (Brier, Daniel)
December 5, 2017 Filing 11 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Daniel T. Brier on behalf of Navient Corporation, Navient Solutions, LLC Attorney Michael Kilgarriff is seeking special admission. Filing fee $ 50, receipt number 0314-4272657.. (Brier, Daniel)
December 4, 2017 Filing 10 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by Navient Corporation. (Brier, Daniel)
December 4, 2017 Filing 9 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by Navient Solutions, LLC. (Brier, Daniel)
December 1, 2017 Filing 8 Joint MOTION for Extension of Time to Joint Motion to Set a Briefing Schedule and For an Enlargement of Briefing Word Limits, MOTION to Exceed Page Limitation by Navient Corporation, Navient Solutions, LLC. (Attachments: #1 Proposed Order)(Brier, Daniel)
December 1, 2017 Filing 7 NOTICE of Appearance by Donna A. Walsh on behalf of Navient Corporation, Navient Solutions, LLC. (Walsh, Donna)
December 1, 2017 Filing 6 NOTICE of Appearance by Daniel T. Brier on behalf of Navient Corporation, Navient Solutions, LLC. (Brier, Daniel)
October 12, 2017 Filing 5 WAIVER OF SERVICE Returned by Commonwealth Of Pennsylvania. All Defendants. (Harvey, Jesse)
October 10, 2017 Filing 4 NOTICE of Appearance by Nicholas F Smyth on behalf of Commonwealth Of Pennsylvania (Smyth, Nicholas)
October 10, 2017 Opinion or Order Filing 3 ORDER Re: Case Assignment and Procedures Signed by Honorable Robert D. Mariani on 10/10/2017. (rm)
October 6, 2017 Filing 2 Summons Issued as to Navient Corporation, Navient Solutions, LLC and provided TO ATTORNEY ELECTRONICALLY VIA ECF for service on Defendant(s)in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure. (NOTICE TO ATTORNEYS RECEIVING THE SUMMONS ELECTRONICALLY: You must print the summons and the attachment when you receive it in your e-mail and serve them with the complaint on all defendants in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure). (Attachments: #1 Summons Packet) (ep)
October 5, 2017 Filing 1 COMPLAINT against Navient Corporation, Navient Solutions, LLC ( Filing fee $400, Receipt Number 4217439), filed by Commonwealth Of Pennsylvania. (Attachments: #1 Civil Cover Sheet)(ep)

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Plaintiff: Commonwealth Of Pennsylvania
Represented By: Jesse F Harvey
Represented By: John M. Abel
Represented By: Nicholas F Smyth
Represented By: Jill T Ambrose
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Defendant: Navient Solutions, LLC
Represented By: Andrew Pruitt
Represented By: Michael Kilgarriff
Represented By: Donna A. Walsh
Represented By: Patrick Brown
Represented By: Jennifer Levy
Represented By: Michael D. Shumsky
Represented By: Daniel T. Brier
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Defendant: Navient Corporation
Represented By: Andrew Pruitt
Represented By: Michael Kilgarriff
Represented By: Donna A. Walsh
Represented By: Patrick Brown
Represented By: Jennifer Levy
Represented By: Michael D. Shumsky
Represented By: Daniel T. Brier
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