L.O.D.C. Group, Ltd v. Accelerate360, LLC
| L.O.D.C. Group, Ltd |
| Accelerate360, LLC |
| Ken Rubenstein |
| 4:2021cv00568 |
| July 21, 2021 |
| U.S. District Court for the Eastern District of Texas |
| Amos L Mazzant |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Both |
Docket Report
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This docket was last retrieved on December 6, 2022. A more recent docket listing may be available from PACER.
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Filing 71
ORDER OF DISMISSAL WITH PREJUDICE. Before the Court is the Parties' Stipulation of Dismissal with Prejudice (Dkt. #70 ). The Court finds that the Stipulation should be, and hereby is, accepted by the Court, and the above styled action is hereby DISMISSED WITH PREJUDICE. Signed by District Judge Amos L. Mazzant, III on 12/6/2022. (baf, )
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Filing 70
STIPULATION of Dismissal by L.O.D.C. Group, Ltd. (Banowsky, Baxter) (Additional attachment(s) added on 12/5/2022: #1 Text of Proposed Order) (baf, ).
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Filing 69
*Sealed* Jury Questions of the Witness. (kkc, )
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Filing 68
Admitted Exhibits List by Accelerate360, LLC.. (Attachments: #1 Admitted Trial Exhibits)(kkc, )
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Filing 67
Admitted Exhibits List by L.O.D.C. Group, Ltd.. (Attachments: #1 Admitted Trial Exhibits)(kkc, )
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Filing 66
Trial Witness List by L.O.D.C. Group, Ltd. (kkc, )
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Filing 65
ORDER denying as moot #58 Motion to Strike #58 MOTION to Strike #57 Amended Answer to Complaint . Signed by District Judge Amos L. Mazzant, III on 9/13/2022. (ch, )
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Filing 64
SETTLEMENT AGREEMENT of the Parties L.O.D.C. Group, Ltd. and Accelerate360, LLC. (kkc, )
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Filing 63
Minute Entry for proceedings held before District Judge Amos L. Mazzant, III: Jury Trial - Day 2 completed on 9/13/2022 by settlement. (Court Reporter Chris Bickham.) (kkc, )
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Filing 62
Minute Entry for proceedings held before District Judge Amos L. Mazzant, III: Voir Dire, Jury Selection and Jury Trial - Day 1 held on 9/12/2022. (Court Reporter Chris Bickham.) (kkc, )
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Filing 61
FINAL PRE-TRIAL ORDER. Signed by District Judge Amos L. Mazzant, III on 9/12/2022. (baf, )
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Filing 60
REPLY to Response to Motion re #58 MOTION to Strike #57 Amended Answer to Complaint filed by L.O.D.C. Group, Ltd. (Banowsky, Baxter)
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Filing 59
RESPONSE to Motion re #58 MOTION to Strike #57 Amended Answer to Complaint filed by Accelerate360, LLC. (Beard, Alexander)
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Filing 58
MOTION to Strike #57 Amended Answer to Complaint by L.O.D.C. Group, Ltd. (Attachments: #1 Exhibit A - Email from Defense Counsel, #2 Text of Proposed Order)(Banowsky, Baxter)
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Filing 57
AMENDED ANSWER to Plaintiff's First #8 Amended Complaint by Accelerate360, LLC. (Beard, Alexander)
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Filing 56
NOTICE of Attorney Appearance by Alexander N Beard on behalf of Accelerate360, LLC (Beard, Alexander)
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Filing 55
ORDER granting #51 Motion to Amend Exhibit List. Signed by District Judge Amos L. Mazzant, III on 9/6/2022. (baf, )
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Filing 54
Minute Entry for proceedings held before District Judge Amos L. Mazzant, III: Final Pretrial Conference held on 9/6/2022. (Court Reporter Shawnie Archuleta) (kkc, )
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Filing 53
ORDER ON DEFENDANT'S MOTION IN LIMINE. Signed by District Judge Amos L. Mazzant, III on 9/6/2022. (baf, )
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Filing 52
NOTICE by Accelerate360, LLC Joint Statement on Pending Matters for Final Pretrial Conference (Beard, Alexander)
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Filing 51
Unopposed MOTION to Amend/Correct #31 Proposed Pretrial Order Defendant's Exhibit List by Accelerate360, LLC. (Attachments: #1 Text of Proposed Order Granting Defendant's Unopposed Motion to Amend Exhibit List)(Beard, Alexander)
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Filing 50
ORDER SETTING TRIAL. Final Pretrial Conference set for 9/6/2022 at 1:30 PM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Jury Selection and Trial set for 9/12/2022 at 10:00 AM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. The Clerk is directed to CANCEL the September 2, 2022 Telephone Conference. Signed by District Judge Amos L. Mazzant, III on 9/2/2022. (baf, )
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Filing 49
NOTICE of Designation of Attorney in Charge to Alexander N Beard on behalf of Accelerate360, LLC (Beard, Alexander)
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NOTICE of Hearing: Due to the Court's civil trial docket, the 9/1/2022 Final Pretrial Conference is CANCELLED, to be reset closer to the trial date. The Court sets a Telephone Conference to discuss trial scheduling for Friday 9/2/2022 at 1:30 p.m. Attorneys are instructed to call the Conference Number at 1:25 p.m.: 888-363-4749; Access Code: 1588844, followed by #. (tls)
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Filing 48
ANSWER to #8 Amended Complaint by Accelerate360, LLC.(Beard, Alexander)
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Filing 47
Proposed Jury Instructions by Accelerate360, LLC. (Beard, Alexander)
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Filing 46
NOTICE by Accelerate360, LLC re #31 Proposed Pretrial Order Defendant's Objections to Witnesses and Exhibits (Beard, Alexander)
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Filing 45
RESPONSE in Opposition re #36 MOTION in Limine filed by Accelerate360, LLC. (Beard, Alexander)
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Filing 44
Proposed Jury Instructions by L.O.D.C. Group, Ltd. (Banowsky, Baxter)
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Filing 43
NOTICE by L.O.D.C. Group, Ltd re #31 Proposed Pretrial Order Objections to Defendant's witnesses and exhibits (Banowsky, Baxter)
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Filing 42
RESPONSE to Motion re #30 MOTION to Strike Answers and Deem Admitted Responses to Requests for Admissions filed by L.O.D.C. Group, Ltd. (Banowsky, Baxter)
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Filing 41
RESPONSE to Motion re #35 MOTION in Limine filed by L.O.D.C. Group, Ltd. (Banowsky, Baxter)
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Filing 40
MEMORANDUM OPINION AND ORDER. It is, therefore, ORDERED that Defendant's Motion for Summary Judgment (Dkt. #24 ) is DENIED. Signed by District Judge Amos L. Mazzant, III on 8/12/2022. (baf, )
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Filing 39
MEMORANDUM OPINION AND ORDER - granting in part and denying in part #12 First MOTION to Dismiss First Amended Complaint filed by Accelerate360, LLC. It is further ORDERED that Plaintiff's claims for unconscionability, illusory contract, and breach of the duty of good faith and fair dealing are DISMISSED with prejudice. Signed by District Judge Amos L. Mazzant, III on 8/11/2022. (baf, )
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Filing 38
NOTICE of Designation of Attorney in Charge to Alexander N Beard on behalf of Accelerate360, LLC (Beard, Alexander)
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Filing 37
NOTICE of Attorney Appearance by Alexander N Beard on behalf of Accelerate360, LLC (Beard, Alexander)
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Filing 36
MOTION in Limine by L.O.D.C. Group, Ltd. (Attachments: #1 Exhibit A - Defendant's Expert Disclosure, #2 Text of Proposed Order)(Banowsky, Baxter)
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Filing 35
MOTION in Limine by Accelerate360, LLC. (Attachments: #1 Exhibit A, #2 Text of Proposed Order on Defendant's Motion in Limine)(Beard, Alexander)
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NOTICE of Deficiency regarding the MOITON IN LIMINE submitted DOCUMENT #34 - NO CERTIFICATE OF CONFERENCE. Correction should be made by ONE BUSINESS DAY (baf, )
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NOTICE of Deficiency regarding the MOTION IN LIMINE submitted DOCUMENT #32 - NO CERTIFICATE OF CONFERENCE AND NO PROPOSED ORDER ATTACHED. Correction should be made by ONE BUSINESS DAY (baf, )
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Filing 34
***DEFICIENT DOCUMENT - PLEASE DISREGARD*** MOTION in Limine by Accelerate360, LLC. (Attachments: #1 Exhibit A, #2 Text of Proposed Order on Defendant's Motion in Limine)(Beard, Alexander) Modified on 8/3/2022 (baf, ).
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Filing 33
ORDER REGARDING EXHIBITS. Signed by District Judge Amos L. Mazzant, III on 8/2/2022. (baf, )
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Filing 32
***DEFICIENT DOCUMENT - PLEASE DISREGARD*** MOTION in Limine by L.O.D.C. Group, Ltd. (Attachments: #1 Exhibit A - Defendant's Expert Disclosure)(Banowsky, Baxter) Modified on 8/3/2022 (baf, ).
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Filing 31
Proposed Pretrial Order by L.O.D.C. Group, Ltd. (Banowsky, Baxter)
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Filing 30
MOTION to Strike Answers and Deem Admitted Responses to Requests for Admissions by Accelerate360, LLC. (Attachments: #1 Text of Proposed Order Granting Defendant's Motion to Strike Answers and Deem Admitted Responses to Requests for Admissions)(Beard, Alexander)
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Filing 29
ORDER denying #20 MOTION to Modify Scheduling Order. Signed by District Judge Amos L. Mazzant, III on 6/8/2022. (ch, )
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Filing 28
SUR-REPLY to Reply to Response to Motion re #24 MOTION for Summary Judgment and Brief in Support filed by L.O.D.C. Group, Ltd. (Banowsky, Baxter)
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Filing 27
REPLY to Response to Motion re #24 MOTION for Summary Judgment and Brief in Support filed by Accelerate360, LLC. (Beard, Alexander)
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Filing 26
RESPONSE to Motion re #24 MOTION for Summary Judgment and Brief in Support filed by L.O.D.C. Group, Ltd. (Attachments: #1 Exhibit A - Declaration of Dillon Lovelace)(Banowsky, Baxter)
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Filing 25
REPORT of Mediation by Ken Rubenstein. Mediation result: IMPASSE(Rubenstein, Kenneth)
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Counsel are advised that the Court has not opted out of this court's Local Rules concerning courtesy copies; therefore, Counsel are asked to comply with Local Rule CV-5(a)(9) and Local Rule CV-10(b) with respect to sending courtesy copies to Judge Mazzant. Please send copies of filings that exceed 20 pages to Judge Mazzant's chambers. Please use tabs and dividers for exhibits, and please place very voluminous filings in three-ring binder(s). Staples are fine; no binder clips, please. (tls)
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Filing 24
MOTION for Summary Judgment and Brief in Support by Accelerate360, LLC. (Attachments: #1 Exhibit Declaration in Support of Summary Judgment, #2 Exhibit CDC Factsheet Disinfecting Home, #3 Text of Proposed Order Granting Summary Judgment)(Beard, Alexander)
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Filing 23
RESPONSE in Opposition re #20 MOTION to Modify Scheduling Order filed by L.O.D.C. Group, Ltd. (Banowsky, Baxter)
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Filing 22
ORDER REFERRING CASE TO MEDIATION. The Court hereby ORDERS that this case be submitted to mediation in accordance with this court's Mediation Plan. By agreement of the parties, the mediator assigned is Ken Rubenstein. Mediation Completion due by 3/28/2022. Signed by District Judge Amos L. Mazzant, III on 2/15/2022. (baf, )
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Filing 21
ORDER - granting #19 Motion to Extend Mediation Deadline. It is therefore ORDERED that the deadline for the parties to mediate this case is extended to April 1, 2022. Signed by District Judge Amos L. Mazzant, III on 2/15/2022. (baf, )
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Filing 20
MOTION to Modify Scheduling Order by Accelerate360, LLC. (Attachments: #1 Text of Proposed Order Order Granting Motion to Modify Scheduling Order)(Beard, Alexander)
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Filing 19
Unopposed MOTION to Amend/Correct #17 Scheduling Order,, to Extend Mediation Deadline by L.O.D.C. Group, Ltd. (Attachments: #1 Text of Proposed Order)(Banowsky, Baxter)
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Filing 18
NOTICE of Designation of Mediator, Kenneth J. Rubenstein, filed by L.O.D.C. Group, Ltd. (Banowsky, Baxter)
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Filing 17
SCHEDULING ORDER: Final Pretrial Conference set for 9/1/2022 at 9:00 AM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Amended Pleadings due by 2/28/2022 for Plaintiff and by 3/14/2022 for Defendant. Discovery due by 3/23/2022. Joinder of Parties due by 1/24/2022. Proposed Jury instructions/Form of Verdict by 8/18/2022. Mediation Completion due by 3/28/2022. Motions to dismiss, motions for summary judgment, or other dispositive motions due by 3/14/2022. Joint Final Pretrial Order due by 8/2/2022. Signed by District Judge Amos L. Mazzant, III on 1/6/2022. (baf, )
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Due to the Court's civil trial docket, the 12/6/2021 Scheduling Conference is CANCELLED. The Court will enter a Scheduling Order. (No attachment.) (tls)
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Filing 16
REPORT of Rule 26(f) Planning Meeting. (Attachments: #1 Text of Proposed Order Scheduling Order)(Beard, Alexander)
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Filing 15
SUR-REPLY to Reply to Response to Motion re #12 First MOTION to Dismiss First Amended Complaint filed by L.O.D.C. Group, Ltd. (Banowsky, Baxter)
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Filing 14
REPLY to Response to Motion re #12 First MOTION to Dismiss First Amended Complaint filed by Accelerate360, LLC. (Beard, Alexander)
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Filing 13
RESPONSE to Motion re #12 First MOTION to Dismiss First Amended Complaint filed by L.O.D.C. Group, Ltd. (Banowsky, Baxter)
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Filing 12
First MOTION to Dismiss First Amended Complaint by Accelerate360, LLC. (Attachments: #1 Exhibit A - CDC Factsheet Disinfecting Home, #2 Text of Proposed Order Order Granting Mtn to Dismiss)(Beard, Alexander) (Attachment 2 replaced on 10/19/2021) (baf, ).
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Filing 11
ORDER GOVERNING PROCEEDINGS. Rule 26 Meeting Joint Report due by 11/19/2021. Rule 16 management conference set for 12/6/2021 at 10:30 AM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Signed by District Judge Amos L. Mazzant, III on 10/15/021. (baf, )
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Filing 10
ORDER DENYING AS MOOT DEFENDANT'S MOTION TO DIMSISS. It is therefore ORDERED that Defendant Accelerate360, L.L.C.'s Motion to Dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure (Dkt. #3 ) is denied as moot. Signed by District Judge Amos L. Mazzant, III on 10/8/2021. (baf, )
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Filing 9
RESPONSE in Opposition re #3 MOTION to Dismiss Complaint filed by L.O.D.C. Group, Ltd. (Banowsky, Baxter)
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Filing 8
AMENDED COMPLAINT against Accelerate360, LLC, filed by L.O.D.C. Group, Ltd. (Attachments: #1 Exhibit A - Purchase Order)(Banowsky, Baxter)
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Filing 7
NOTICE of Attorney Appearance - Pro Hac Vice by Keith D. Munson on behalf of Accelerate360, LLC. Filing fee $ 100, receipt number 0540-8592277. (Munson, Keith)
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Filing 6
NOTICE by Accelerate360, LLC Corporate Disclosure Statement (Beard, Alexander)
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Filing 5
NOTICE by Accelerate360, LLC Certificate of Interested Persons (Beard, Alexander)
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Filing 4
Additional Attachments to Main Document: #3 MOTION to Dismiss Complaint.. (Attachments: #1 Text of Proposed Order Order Granting Motion to Dismiss Complaint)(Beard, Alexander)
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Filing 3
MOTION to Dismiss Complaint by Accelerate360, LLC. (Attachments: #1 Exhibit A - CDC Factsheet Disinfecting Home, #2 Exhibit B - Purchase Order)(Beard, Alexander)
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Filing 2
WAIVER OF SERVICE Returned Executed by L.O.D.C. Group, Ltd. Accelerate360, LLC waiver sent on 7/21/2021, answer due 9/19/2021. (Banowsky, Baxter)
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Filing 1
COMPLAINT against Accelerate360, LLC ( Filing fee $ 402 receipt number 0540-8502519.), filed by L.O.D.C. Group, Ltd. (Attachments: #1 Civil Cover Sheet)(Banowsky, Baxter)
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In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (baf, )
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Case ASSIGNED to District Judge Amos L. Mazzant, III. (baf, )
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