Northside Church of Christ v. Ohio Security Insurance Company
Plaintiff: Northside Church of Christ
Defendant: Ohio Security Insurance Company
Case Number: 3:2020cv00184
Filed: March 2, 2020
Court: US District Court for the Middle District of Tennessee
Presiding Judge: Waverly D Crenshaw
Referring Judge: Jeffery S Frensley
2 Judge: Aleta A Trauger
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on February 5, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 5, 2021 Opinion or Order Filing 65 ORDER AND FINAL JUDGMENT APPROVING CLASS ACTION SETTLEMENT: Pursuant to Rule 54(b), the Court hereby enters Final Judgment as described herein and expressly determines that there is no just reason for delay. Without impacting the finality of this Judgment, the Court shall retain jurisdiction over the construction, interpretation, consummation, implementation, and enforcement of the Agreement and this Judgment, including jurisdiction to enter such further orders as may be necessary or appropriate. Signed by Chief Judge Waverly D. Crenshaw, Jr on 2/5/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(vh)
February 5, 2021 Opinion or Order Filing 64 ORDER: In light of the Agreement, the February 5 hearing, and the Court's accompanying Order granting Plaintiffs' Motions, Defendant Ohio Security Insurance Company's Motion to Dismiss (Doc. No. #31 ) is DENIED AS MOOT. Signed by Chief Judge Waverly D. Crenshaw, Jr on 02/05/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
February 5, 2021 Minute Entry for proceedings held before Chief Judge Waverly D. Crenshaw, Jr: Fairness Hearing held on 2/5/2021. No objections. The Settlement is fair and reasonable and meets all requirements.(Court Reporter Lise Matthews.)(Hearing lasted :5)(Parise, Kelly)
February 3, 2021 Filing 63 SUPPLEMENT filed by Northside Church of Christ re #55 Motion for Attorney Fees. (Attachments: #1 Exhibit 1. Supplemental Declaration of J. Brandon McWherter, #2 Exhibit Exhibit A to Supplemental Declaration of McWherter -, #3 Exhibit Exhibit B to Supplemental Declaration of McWherter, #4 Exhibit 2. Supplemental Declaration of T. Joseph Snodgrass, #5 Exhibit 3. Supplemental Declaration of Erik D. Peterson)(McWherter, J.)
February 3, 2021 Filing 62 NOTICE of Filing by Northside Church of Christ Notice of Filing Declarations of Class Representatives (Attachments: #1 Exhibit 1. Declaration of Martin Holmes, #2 Exhibit 2. Declaration of Patricia Holmes, #3 Exhibit 3. Declaration of Gerald and Daphyne Foster, #4 Exhibit 4. Declaration of Ernest Tepper, #5 Exhibit 5. Declaration of Hunter Pierce, CEO Helping Hands Home Improvement LLC, #6 Exhibit 6. Declaration of Rick Willis, Northside Church of Christ)(McWherter, J.)
January 25, 2021 Filing 61 NOTICE by Northside Church of Christ Joint Notice of Selection of Neutral Evaluator (McWherter, J.)
January 22, 2021 Filing 60 DECLARATION of Jennifer M. Keough filed by Northside Church of Christ re: #53 Unopposed MOTION for Settlement Plaintiffs' Unopposed Motion for Final Approval of Class Action Settlement. (McWherter, J.)
January 22, 2021 Filing 59 DECLARATION of J. Brandon McWherter filed by Northside Church of Christ re: #55 MOTION for Attorney Fees Plaintiffs' Motion for Service Awards for Class Representatives and Awards of Attorneys' Fees, Costs and Expenses to Class Counsel, #53 Unopposed MOTION for Settlement Plaintiffs' Unopposed Motion for Final Approval of Class Action Settlement. (McWherter, J.)
January 22, 2021 Filing 58 DECLARATION of T. Joseph Snodgrass filed by Northside Church of Christ re: #55 MOTION for Attorney Fees Plaintiffs' Motion for Service Awards for Class Representatives and Awards of Attorneys' Fees, Costs and Expenses to Class Counsel, #53 Unopposed MOTION for Settlement Plaintiffs' Unopposed Motion for Final Approval of Class Action Settlement. (McWherter, J.)
January 22, 2021 Filing 57 DECLARATION of Erik D. Peterson filed by Northside Church of Christ re: #55 MOTION for Attorney Fees Plaintiffs' Motion for Service Awards for Class Representatives and Awards of Attorneys' Fees, Costs and Expenses to Class Counsel, #53 Unopposed MOTION for Settlement Plaintiffs' Unopposed Motion for Final Approval of Class Action Settlement. (McWherter, J.)
January 22, 2021 Filing 56 MEMORANDUM in Support of #55 MOTION for Attorney Fees Plaintiffs' Motion for Service Awards for Class Representatives and Awards of Attorneys' Fees, Costs and Expenses to Class Counsel filed by Northside Church of Christ . (McWherter, J.)
January 22, 2021 Filing 55 MOTION for Attorney Fees Plaintiffs' Motion for Service Awards for Class Representatives and Awards of Attorneys' Fees, Costs and Expenses to Class Counsel by Northside Church of Christ. (McWherter, J.)
January 22, 2021 Filing 54 MEMORANDUM in Support of #53 Unopposed MOTION for Settlement Plaintiffs' Unopposed Motion for Final Approval of Class Action Settlement filed by Northside Church of Christ . (McWherter, J.)
January 22, 2021 Filing 53 Unopposed MOTION for Settlement Plaintiffs' Unopposed Motion for Final Approval of Class Action Settlement by Northside Church of Christ. (McWherter, J.)
October 6, 2020 Opinion or Order Filing 52 ORDER OF PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT and ORDER granting #49 Motion for Preliminary Approval of Class Action Settlement. Signed by Chief Judge Waverly D. Crenshaw, Jr on 10/6/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
October 2, 2020 Filing 51 JOINT Statement Regarding Claim Values. (Attachments: #1 Exhibit A. Amended Class Notice, #2 Exhibit B. Redlines to Original Class Notice Incorporated into the Amended Class Notice (Ex A))(McWherter, J.)
August 31, 2020 Filing 50 MEMORANDUM in Support of #49 MOTION for Settlement Plaintiffs' Unopposed Motion for Preliminary Approval of Class Action Settlement filed by Northside Church of Christ . (Attachments: #1 Exhibit 1. Declaration of Erik D. Peterson, #2 Exhibit 1 to Peterson Declaration - Settlement Agreement, #3 Exhibit A to Settlement Agreement - Preliminary Approval Order, #4 Exhibit B to Settlement Agreement - Class Notice, #5 Exhibit C to Settlement Agreement - Claim Form, #6 Exhibit D to Settlement Agreement - Postcard Notice, #7 Exhibit E to Settlement Agreement - Final Judgment, #8 Exhibit 2. Declaration of J. Brandon McWherter, #9 Exhibit 3. Declaration of T. Joseph Snodgrass)(McWherter, J.)
August 31, 2020 Filing 49 MOTION for Settlement Plaintiffs' Unopposed Motion for Preliminary Approval of Class Action Settlement by Northside Church of Christ. (McWherter, J.)
August 19, 2020 Opinion or Order Filing 48 ORDER granting #47 Motion to Cancel Telephonic Case Management Conference. Signed by Magistrate Judge Jeffery S. Frensley on 8/19/2020. (dt)
August 17, 2020 Filing 47 Joint MOTION to Cancel Telephonic Case Management Conference re #34 Order, Set Hearings by Ohio Security Insurance Company. (Johnson, Mark)
August 14, 2020 Opinion or Order Filing 46 ORDER: The Initial Case Management Conference set for August 19, 2020 at 10:00 a.m. will be conducted by telephone. All parties shall call 1-877-336-1831, and when prompted for the access code, enter 7039387# to participate in the Case Management Conference. If a party has difficulty connecting to the call or has been on hold for more than five (5) minutes, please call 615-736-7344. Signed by Magistrate Judge Jeffery S. Frensley on 8/14/2020. (jw)
August 12, 2020 Filing 45 PROPOSED CASE MANAGEMENT ORDER filed by Ohio Security Insurance Company. (Wiltrout, Andrea)
July 14, 2020 Filing 44 REPLY to Response to re #31 MOTION to Dismiss Plaintiff's Amended Complaint for Lack of Personal Jurisdiction Over Claims Alleged on Behalf of Nonresident Putative Class Members filed by Ohio Security Insurance Company. (McClellan, Rand)
July 14, 2020 Opinion or Order Filing 43 ORDER granting #42 Motion to Continue Telephonic Case Management Conference. Signed by Magistrate Judge Jeffery S. Frensley on 7/13/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
July 14, 2020 Set/Reset Hearings: Case Management Conference by Telephone reset for 8/19/2020 at 10:00 AM before Magistrate Judge Jeffery S. Frensley. (dt)
July 13, 2020 Filing 42 Joint MOTION to Continue Telephonic Case Management Conference by Ohio Security Insurance Company. (Attachments: #1 Attachment Proposed Order)(Johnson, Mark)
July 2, 2020 Opinion or Order Filing 41 ORDER: Defendant's Unopposed Motion to Extend the Deadline to File and for Leave to Exceed Page Limitation for Reply in Support of Defendant's Motion to Dismiss (Doc. No. #40 ) is GRANTED. Defendant will have until July 14, 2020 to file its Reply. Defendant shall have 10 pages for its reply brief. Signed by Chief Judge Waverly D. Crenshaw, Jr on 7/2/2020. (dt)
July 1, 2020 Filing 40 Consent MOTION for Extension of Time to File Response/Reply as to #31 MOTION to Dismiss Plaintiff's Amended Complaint for Lack of Personal Jurisdiction Over Claims Alleged on Behalf of Nonresident Putative Class Members , Consent MOTION for Leave to File Excess Pages by Ohio Security Insurance Company. (Attachments: #1 Attachment Proposed Order)(McClellan, Rand)
June 30, 2020 Filing 39 RESPONSE in Opposition re #31 MOTION to Dismiss Plaintiff's Amended Complaint for Lack of Personal Jurisdiction Over Claims Alleged on Behalf of Nonresident Putative Class Members filed by Northside Church of Christ. (McWherter, J.)
June 4, 2020 Opinion or Order Filing 38 ORDER: For good cause shown, Plaintiff's Unopposed Second Motion to Extend Deadline for Plaintiff to Respond to Defendant's Motion to Dismiss (Doc. No. #37 ) is GRANTED. Plaintiff requests the extension to pursue a settlement. (Doc. No. 37 at 2). Accordingly, Plaintiff's deadline to file its response is extended from June 5, 2020 to July 3, 2020. Signed by Chief Judge Waverly D. Crenshaw, Jr on 6/4/2020. (dt)
June 3, 2020 Filing 37 MOTION for Extension of Time to File Response/Reply as to #31 MOTION to Dismiss Plaintiff's Amended Complaint for Lack of Personal Jurisdiction Over Claims Alleged on Behalf of Nonresident Putative Class Members Unopposed Second Motion by Northside Church of Christ. (McWherter, J.)
May 26, 2020 Opinion or Order Filing 36 ORDER: For good cause shown, Plaintiff's Unopposed Motion to Extend Deadline for Plaintiff to Respond to Defendant's Motion to Dismiss (Doc. No. #35 ) is GRANTED. Plaintiff's deadline to file its response is extended from May 26, 2020 to June 5, 2020. Signed by Chief Judge Waverly D. Crenshaw, Jr on 5/26/2020. (dt)
May 22, 2020 Filing 35 MOTION for Extension of Time to File Response/Reply as to #31 MOTION to Dismiss Plaintiff's Amended Complaint for Lack of Personal Jurisdiction Over Claims Alleged on Behalf of Nonresident Putative Class Members Unopposed by Northside Church of Christ. (Attachments: #1 Attachment Proposed Order)(McWherter, J.)
May 15, 2020 Opinion or Order Filing 34 ORDER: The Initial Case Management Conference is scheduled for 7/17/2020 at 09:00 AM in Courtroom 783 before Magistrate Judge Jeffery S. Frensley. Signed by Magistrate Judge Jeffery S. Frensley on 5/15/2020. (hb)
May 11, 2020 Filing 33 ANSWER to #13 Amended Complaint, by Ohio Security Insurance Company.(Wiltrout, Andrea)
May 11, 2020 Filing 32 MEMORANDUM in Support of #31 MOTION to Dismiss Plaintiff's Amended Complaint for Lack of Personal Jurisdiction Over Claims Alleged on Behalf of Nonresident Putative Class Members filed by Ohio Security Insurance Company . (McClellan, Rand)
May 11, 2020 Filing 31 MOTION to Dismiss Plaintiff's Amended Complaint for Lack of Personal Jurisdiction Over Claims Alleged on Behalf of Nonresident Putative Class Members by Ohio Security Insurance Company. (McClellan, Rand)
April 8, 2020 Filing 30 RECEIPT #34675058499 in the amount of $100.00 posted by Baker Donelson Bearman re #27 Motion to Appear Pro Hac Vice. (dt)
April 8, 2020 Opinion or Order Filing 29 ORDER granting #27 Motion for Jessica L. Greenberg to Appear Pro Hac Vice. Signed by Kirk L. Davies on 4/8/20. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk)
April 7, 2020 OH State Bar status verified as active for Jessica Greenberg. (dt)
April 6, 2020 Filing 28 CERTIFICATE OF GOOD STANDING of Attorney Jessica L. Greenberg from the United States District Court for the Southern of Ohio filed by Ohio Security Insurance Company. (dt)
April 6, 2020 Filing 27 MOTION for attorney Jessica L. Greenberg to Appear Pro Hac Vice (Fee paid) by Ohio Security Insurance Company. (Attachments: #1 Attachment - Proposed Order)(dt)
April 3, 2020 Filing 26 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Ohio Security Insurance Company. (Wiltrout, Andrea)
March 31, 2020 Opinion or Order Filing 25 ORDER granting #18 Motion for Andrea C. Wiltrout to Appear Pro Hac Vice. Signed by Kirk L. Davies on 3/31/20. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk)
March 31, 2020 Opinion or Order Filing 24 ORDER granting #17 Motion for Rand L. McClellan to Appear Pro Hac Vice. Signed by Kirk L. Davies on 3/31/20. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk)
March 31, 2020 Opinion or Order Filing 23 ORDER granting #16 Motion for Mark A. Johnson to Appear Pro Hac Vice. Signed by Kirk L. Davies on 3/31/20. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk)
March 30, 2020 Filing 22 DECLARATION of Andrea C. Wiltrout filed by Ohio Security Insurance Company re: #18 MOTION for attorney Andrea C. Wiltrout to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3113698). (Wiltrout, Andrea)
March 30, 2020 Filing 21 DECLARATION of Rand L. McClellan filed by Ohio Security Insurance Company re: #17 MOTION for attorney Rand L. McClellan to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3113685). (McClellan, Rand)
March 30, 2020 Filing 20 DECLARATION of Mark A. Johnson filed by Ohio Security Insurance Company re: #16 MOTION for attorney Mark A. Johnson to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3113673). (Johnson, Mark)
March 27, 2020 Filing 19 CERTIFICATE of Service filed by Ohio Security Insurance Company re #16 MOTION for attorney Mark A. Johnson to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3113673) filed by Ohio Security Insurance Company, #17 MOTION for attorney Rand L. McClellan to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3113685) filed by Ohio Security Insurance Company, #15 Notice of Appearance filed by Ohio Security Insurance Company, #14 Notice of Appearance filed by Ohio Security Insurance Company, #18 MOTION for attorney Andrea C. Wiltrout to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3113698) filed by Ohio Security Insurance Company. (Berkowitz, Nicole)
March 27, 2020 TN State Bar status verified as active for Nicole D. Berkowitz and George Tolbert Lewis, III. OH State Bar status verified as active for Mark A. Johnson, Rand L. McClellan and Andrea C. Wiltrout. (dt)
March 27, 2020 NOTICE TO FILER re DE#14 , #15 , #16 , #17 and #18 : Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include all Counsel on the certificate of service. Please FILE a conformed Certificate of Service for these documents. (dt)
March 27, 2020 NOTICE TO FILER re DE# [ #16 #17 #18 ]: The pending pro hac vice motion does not comply with the Court's local rules, because the motion fails to state whether disciplinary proceedings by any disciplinary authority, a finding of contempt or a sanction under 28 U.S.C. 1927 by any court, or criminal charges have been instituted against the attorney seeking pro hac vice admission. Local Rule 83.01(b)(2). By no later than five (5) business days from the date of this docket annotation, the pro hac vice motion must be supplemented by the filing of a statement under oath of the attorney seeking pro hac vice admission disclosing such matters. Failure to do so will result in denial of the pro hac vice motion. (Davies, Kirk)
March 26, 2020 Filing 18 MOTION for attorney Andrea C. Wiltrout to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3113698) by Ohio Security Insurance Company. (Attachments: #1 Attachment Certificate of Good Standing)(Wiltrout, Andrea)
March 26, 2020 Filing 17 MOTION for attorney Rand L. McClellan to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3113685) by Ohio Security Insurance Company. (Attachments: #1 Attachment Certificate of Good Standing)(McClellan, Rand)
March 26, 2020 Filing 16 MOTION for attorney Mark A. Johnson to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3113673) by Ohio Security Insurance Company. (Attachments: #1 Attachment Certificate of Good Standing)(Johnson, Mark)
March 26, 2020 Filing 15 NOTICE of Appearance by George Tolbert Lewis, III on behalf of Ohio Security Insurance Company (Lewis, George)
March 26, 2020 Filing 14 NOTICE of Appearance by Nicole D. Berkowitz on behalf of Ohio Security Insurance Company (Berkowitz, Nicole)
March 24, 2020 Filing 13 AMENDED COMPLAINT First Amended Class Action Complaint against Ohio Security Insurance Company, filed by Northside Church of Christ. (Attachments: #1 Exhibit 1. Ohio Security Estimate, #2 Exhibit 2. Software Screenshots, #3 Exhibit 3. NAIC Survey, #4 Exhibit 4. State Farm Endorsement)(McWherter, J.)
March 19, 2020 Opinion or Order Filing 12 ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01 and 28 U.S.C. 636(b)(1)(A). Lead counsel for the parties shall attend the initial case management conference. This case shall be set for trial upon completion of the initial case management conference by order of the Court in accordance with the procedures of Local Rule 16.01(h). Signed by Chief Judge Waverly D. Crenshaw, Jr on 3/19/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
March 12, 2020 Opinion or Order Filing 11 ORDER: It is hereby ORDERED that this case is TRANSFERRED to Chief Judge Crenshaw for all purposes, as it is related to an earlier-filed case assigned to him. The initial case management conference scheduled before Judge Trauger on April 27, 2020 is CANCELLED. Signed by District Judge Aleta A. Trauger on 3/12/2020. (dt)
March 11, 2020 Filing 10 WAIVER OF SERVICE Returned Executed by Northside Church of Christ. Ohio Security Insurance Company waiver sent on 3/11/2020. (McWherter, J.)
March 10, 2020 Opinion or Order Filing 9 ORDER granting #8 Motion for Erik D. Peterson to Appear Pro Hac Vice. Signed by Kirk L. Davies on 3/10/20. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk)
March 9, 2020 Filing 8 MOTION for attorney Erik D. Peterson to Appear Pro Hac Vice ; fee paid, receipt: Agency Tracking ID: 0650-3102525 (Fee not paid-due within 21 days) by Northside Church of Christ. (Attachments: #1 Attachment A - Certificate of Good Standing)(Peterson, Erik)
March 5, 2020 Opinion or Order Filing 7 ORDER granting #6 Motion for T. Joseph Snodgrass to Appear Pro Hac Vice. Signed by Kirk L. Davies on 3/5/20. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk)
March 4, 2020 Filing 6 MOTION for attorney T. Joseph Snodgrass to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3099830) by Northside Church of Christ. (Attachments: #1 Attachment Certificate of Good Standing)(Snodgrass, T.)
March 3, 2020 Filing 5 NOTICE of Initial Case Management Conference set for 4/27/2020 at 2:30 PM in Chambers 825 before District Judge Aleta A. Trauger. (dt)
March 3, 2020 Filing 4 Summons issued as to Ohio Security Insurance Company. (Service copies returned to counsel by mail.) (dt)
March 3, 2020 Filing 3 NOTICE of Business Entity Disclosure Statement filing requirement. (dt)
March 3, 2020 Filing 2 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (dt)
March 3, 2020 NOTICE TO COUNSEL Erik David Peterson and T. Joseph Snodgrass: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court or a U. S. appellate court where admitted, and pay a fee of $100.00 (LR 83.01(b)). PHV due by 3/24/2020. (dt)
March 3, 2020 TN State Bar status verified as active for J. Brandon McWherter and Clinton H. Scott. KY State Bar status verified as active for Erik David Peterson. MN State Bar status verified as active for T. Joseph Snodgrass. (dt)
March 2, 2020 Filing 1 COMPLAINT against Ohio Security Insurance Company (Filing fee $400, Receipt number 0650-3098263), filed by Northside Church of Christ. (Attachments: #1 Exhibit 1 - Ohio Security Estimate, #2 Exhibit 2 - Software Screenshots, #3 Exhibit 3 - NAIC Survey, #4 Exhibit 4 - State Farm Endorsement, #5 Attachment - Civil Cover Sheet)(dt)

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Defendant: Ohio Security Insurance Company
Represented By: Rand L. McClellan
Represented By: Andrea C. Wiltrout
Represented By: George Tolbert Lewis, III
Represented By: Mark A. Johnson
Represented By: Nicole D. Berkowitz
Represented By: Jessica Greenberg
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Plaintiff: Northside Church of Christ
Represented By: Erik David Peterson
Represented By: T. Joseph Snodgrass
Represented By: J. Brandon McWherter
Represented By: Clinton H. Scott
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