Clarke v. Pei Wei Asian Diner LLC
| Sharon Clarke |
| Pei Wei Asian Diner LLC and Pei Wei Asian Diner LLC Delaware Corporation doing business as Pei Wei Asian Kitchen |
| 3:2020cv00800 |
| April 6, 2020 |
| US District Court for the Northern District of Texas |
| David C Godbey |
| Labor: Fair Labor Standards Act |
| 29 U.S.C. § 201 Denial of Overtime Compensation |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 15, 2023. A more recent docket listing may be available from PACER.
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Filing 70
ORDER: On 3/13/2023, the Court issued a Memorandum Opinion and Order decertifying the class and dismissing the opt-in Plaintiffs' claims without prejudice. Accordingly, the Court orders the parties to confer and jointly file a report with the Court within thirty (30) days from the date of this Order stating (a) the status of this action, including which deadlines are still relevant, (b) when this case should be set for trial and (c) any other matters the parties would like to bring to the Court's attention. (Ordered by Chief District Judge David C Godbey on 3/15/2023) (twd)
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Filing 69
Memorandum Opinion and Order granting #63 Motion to Dismiss /Decertify FLSA Collective Action. The Court decertifies the class and dismisses the opt-in Plaintiffs' claims without prejudice. (Ordered by Chief District Judge David C Godbey on 3/13/2023) (sxf)
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Filing 68
REPLY filed by Pei Wei Asian Diner LLC re: #63 MOTION to Dismiss /Decertify FLSA Collective Action (Attachments: #1 Exhibit(s) Supplemental Appendix) (Howell, Timothy)
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Filing 67
Appendix in Support filed by Sharon Clarke re #66 Response/Objection (Morgan, C)
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Filing 66
RESPONSE filed by Sharon Clarke re: #63 MOTION to Dismiss /Decertify FLSA Collective Action (Morgan, C)
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Filing 65
ELECTRONIC ORDER granting #64 Motion to Extend Time to File Response/Reply. Plaintiffs response to the motion for decertification is due June 30, 2022 and Defendants reply is due July 21, 2022. (Ordered by Judge David C Godbey on 6/22/2022) (chmb)
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Filing 64
MOTION for Extension of Time to File Response/Reply to #63 MOTION to Dismiss /Decertify FLSA Collective Action filed by Sharon Clarke (Morgan, C)
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Filing 63
MOTION to Dismiss /Decertify FLSA Collective Action filed by Pei Wei Asian Diner LLC with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) A through D) (Howell, Timothy)
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Filing 62
ORDER: The Court extends the class discovery deadline by ninety days and grants Clarke's request to withdraw or amend the deemed admitted responses. The Court also clarifies that it intended the tolling of the statute of limitations to begin as of the date the Order certifying the class was signed (Ordered by Judge David C Godbey on 2/2/2022) (svc)
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Filing 61
REPLY filed by Sharon Clarke re: #57 MOTION to Amend/Correct or Withdraw Request for Admission Responses and Deem Responses Served on Defendant Proper (Morgan, C)
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Filing 60
RESPONSE filed by Pei Wei Asian Diner LLC re: #57 MOTION to Amend/Correct or Withdraw Request for Admission Responses and Deem Responses Served on Defendant Proper (Howell, Timothy)
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Filing 59
REPLY filed by Pei Wei Asian Diner LLC re: #48 MOTION to Compel & RESPONSE (Howell, Timothy) Modified text on 11/30/2021 (ykp).
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Filing 58
REPLY filed by Pei Wei Asian Diner LLC re: #44 MOTION to Amend/Correct #30 Memorandum Opinion and Order, (Howell, Timothy)
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Filing 57
MOTION to Amend/Correct or Withdraw Request for Admission Responses and Deem Responses Served on Defendant Proper filed by Sharon Clarke with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) Ashley M. Landers Declaration, #2 Exhibit(s) Andrew H. Stuart Supplemental Declaration) (Morgan, C)
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Filing 56
RESPONSE filed by Sharon Clarke re: #48 MOTION to Compel & RESPONSE #47 (Attachments: #1 Exhibit(s) Andrew H. Stuart Supplemental Declaration, #2 Exhibit(s) Ashley M. Landers Declaration) (Morgan, C)
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Filing 55
NOTICE of Withdrawal of Opt-in Plaintiff, Kenneth Richter filed by Sharon Clarke (Morgan, C)
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Filing 54
RESPONSE filed by Sharon Clarke re: #44 MOTION to Amend/Correct #30 Memorandum Opinion and Order, (Morgan, C)
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Filing 53
ELECTRONIC ORDER granting #51 Application for Admission Pro Hac Vice of Andrew H. Stuart. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge David C Godbey on 11/8/2021) (chmb)
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Filing 52
ELECTRONIC ORDER granting #50 Application for Admission Pro Hac Vice of Ashley M. Landers. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge David C Godbey on 11/8/2021) (chmb)
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Filing 51
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Andrew H. Stuart (Filing fee $100; Receipt number 0539-12353038) filed by Sharon Clarke (Attachments: #1 Exhibit(s) A - Certificate of Good Standing) (Morgan, C)
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Filing 50
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Ashley M. Landers (Filing fee $100; Receipt number 0539-12353024) filed by Sharon Clarke (Attachments: #1 Exhibit(s) A - Certificate of Good Standing) (Morgan, C)
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Filing 49
ELECTRONIC ORDER granting #45 Motion for Leave to Proceed Without Local Counsel. (Ordered by Judge David C Godbey on 10/29/2021) (chmb)
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Filing 48
MOTION to Compel & RESPONSE #47 filed by Pei Wei Asian Diner LLC with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s)) (Howell, Timothy)
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Filing 47
MOTION to Extend Time of Deadlines for Class Certification Discovery and Filing of Motion for Decertification filed by Sharon Clarke (Attachments: #1 Exhibit(s) A-Declaration of Andrew Stuart) (Morgan, C)
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Filing 46
NOTICE of Withdrawal of Opt-in Plaintiffs, Walter Villagran, Edward Sweeney, Emmanuel Saldana, Jonathan Cassell, Leonardo Sarate, Lynn Lewelling, Angel Rodriguez filed by Sharon Clarke (Morgan, C)
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Filing 45
MOTION for Leave to File Proceed Without Local Counsel as to Andrew Stuart, Esq., and Ashley Landers, Esq. filed by Sharon Clarke (Morgan, C)
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Filing 44
MOTION to Amend/Correct #30 Memorandum Opinion and Order, filed by Pei Wei Asian Diner LLC with Brief/Memorandum in Support. (Howell, Timothy)
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Filing 43
NOTICE of Withdrawal of Opt-in Plaintiffs filed by Sharon Clarke (Morgan, C)
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Filing 42
ELECTRONIC ORDER granting #41 Motion to Extend Time. The deadline for the parties to complete class certification discovery is extended to November 1, 2021, and the deadline for Defendant to file a motion for decertification to December 1, 2021. (Ordered by Judge David C Godbey on 8/24/2021) (chmb)
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Filing 41
Joint MOTION to Extend Time of Deadlines for Class Certification Discovery and Filing of Motion for Decertification filed by Sharon Clarke (Morgan, C)
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Filing 40
ORDER granting #39 Motion to Extend Time for Class Certification Discovery and Filing of Motion for Decertification. (Ordered by Judge David C Godbey on 6/2/2021) (ndt)
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Filing 39
MOTION to Extend Time filed by Pei Wei Asian Diner LLC (Howell, Timothy)
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Filing 38
NOTICE of Consent to Become a Party Plaintiff signed by Charles Tallent, Emanuel Saldana, Nelly Gomez Sanchez, Walter Villagran on June 1, 2021. (Attachments: #1 Exhibit(s) A - Consent to Join, Charles Tallent, Emanuel Saldana, Nelly Gomez Sanchez, Walter Villagran) (Morgan, C)
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Filing 37
NOTICE of Consent to Become a Party Plaintiff signed by Jeff Koisa, Kenneth A. Richter, David Currier, Steven Griffin, Jonathon Cassell, Scott Watson, Cheryl O. Ramos, Alan Degrez, Jr., Charles Mathens, Erika Esteves, Edward J. Sweeney, Mario Romero, Edgar Carrillo, Leonardo Sarate, Thomas Tookes, Angel Rodriguez, Shawn Bosco, Kristen Gillette, Roman Cavazon, Robert Collins, Lyn Lewelling, Kevin Westerhoff, Laura Molina-Contreras, Cynthia Watson on May 3, 2021. (Attachments: #1 Exhibit(s) A Consent to Join, Jeff Koisa, Kenneth A. Richter, David Currier, Steven Griffin, Jonathon Cassell, Scott Watson, Cheryl O. Ramos, Alan Degrez, Jr., Charles Mathens, Erika Esteves, Edward J. Sweeney, Mario Romero, Edgar Carrillo, Leonardo Sarate, Thomas Tookes, Angel Rodriguez, Shawn Bosco, Kristen Gillette, Roman Cavazon, Robert Collins, Lyn Lewelling, Kevin Westerhoff, Laura Molina-Contreras, Cynthia Watson) (Morgan, C)
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Filing 36
ORDER granting #35 Motion to Withdraw as Attorney. Attorney John B Brown and Jeremy William Hays terminated (Ordered by Judge David C Godbey on 4/9/2021) (oyh)
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Filing 35
Unopposed MOTION to Withdraw as Attorney filed by Pei Wei Asian Diner LLC (Attachments: #1 Proposed Order) (Brown, John)
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Filing 34
ORDER: The Court approves the jointly submitted notice letter #33 . (Ordered by Judge David C Godbey on 1/5/2021) (mjr)
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Filing 33
NOTICE of Joint Submission of Notice re: #30 Memorandum Opinion and Order, #32 Order on Motion to Amend/Correct,, filed by Pei Wei Asian Diner LLC (Attachments: #1 Proposed Order Proposed Court-Authorized Notice) (Brown, John)
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Filing 32
ORDER granting #31 Agreed Motion to Amend Memorandum Opinion and Order. The Court amends the Court's Memorandum Opinion and Order entered 12/4/2020 (the "Conditional Certification Order") #30 as follows. The class definition on page 4 of the Conditional Certification Order is removed and is replaced by the following definition: All General Managers who were classified as exempt by Defendant, who did not execute arbitration agreements, and who worked for Defendant at any time from three years prior to the Order granting Notice to the present. The Conditional Certification Order is otherwise unaffected by this Order. (Ordered by Judge David C Godbey on 12/16/2020) (axm)
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Filing 31
Joint MOTION to Amend/Correct #30 Memorandum Opinion and Order, filed by Pei Wei Asian Diner LLC (Attachments: #1 Proposed Order) (Brown, John)
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Filing 30
MEMORANDUM OPINION AND ORDER re: #25 Motion to Certify Class filed by Sharon Clarke. The Court grants Clarkes motion for notice and conditional certification, conditionally certifies the proposed class, and authorizes notice to potential plaintiffs pursuant to the terms set forth above. (Ordered by Judge David C Godbey on 12/4/2020) (jmg)
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Filing 29
Brief/Memorandum in Support filed by Sharon Clarke re #25 MOTION to Certify Class Expedited Motion for Conditional Certification and to Permit Notice to Issue, #27 Appendix in Support, #26 Brief/Memorandum in Support of Motion (Frisch, Andrew)
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Filing 28
RESPONSE filed by Pei Wei Asian Diner LLC re: #25 MOTION to Certify Class Expedited Motion for Conditional Certification and to Permit Notice to Issue (Brown, John)
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Filing 27
Appendix in Support filed by Sharon Clarke re #25 MOTION to Certify Class Expedited Motion for Conditional Certification and to Permit Notice to Issue (Attachments: #1 Exhibit(s)) (Frisch, Andrew)
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Filing 26
Brief/Memorandum in Support filed by Sharon Clarke re #25 MOTION to Certify Class Expedited Motion for Conditional Certification and to Permit Notice to Issue (Frisch, Andrew)
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Filing 25
Expedited MOTION for Conditional Certification and to Permit Notice to Issue filed by Sharon Clarke (Frisch, Andrew) Modified text on 12/4/2020 (jmg).
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Filing 24
ELECTRONIC ORDER granting #23 Application for Admission Pro Hac Vice of C. Ryan Morgan. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge David C Godbey on 8/28/2020) (chmb)
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Filing 23
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11108788) filed by Sharon Clarke (Attachments: #1 Exhibit(s) A, #2 Proposed Order) (Morgan, C)
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Filing 22
ELECTRONIC ORDER Granting #21 Motion for Leave to Proceed Without Local Counsel. (Ordered by Judge David C Godbey on 8/21/2020) (chmb)
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Filing 21
MOTION for Leave to File Proceed without Local Counsel filed by Sharon Clarke (Frisch, Andrew)
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Filing 20
SCHEDULING ORDER-COLLECTIVE ACTION. (Ordered by Judge David C Godbey on 7/17/2020) (oyh)
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Filing 19
Proposal for contents of scheduling and discovery order Joint Rule 26(f) Report by Pei Wei Asian Diner LLC. (Brown, John)
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Filing 18
NOTICE of Consent to Become a Party Plaintiff signed by Richard Hardin Conway, II on July 6, 2020. (Attachments: #1 Exhibit(s) A Hardin - Consent to Join) (Frisch, Andrew)
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Filing 17
ELECTRONIC ORDER granting #16 Motion for Extension of Time to File Joint Status Report. Status Report due by 7/9/2020. (Ordered by Judge David C Godbey on 6/25/2020) (chmb)
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Filing 16
Joint MOTION for Extension of Time to File Joint Status Report filed by Sharon Clarke (Frisch, Andrew)
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Filing 15
ELECTRONIC ORDER granting #14 Motion for Extension of Time to File Joint Status Report. Status Report due by 6/25/2020. (Ordered by Judge David C Godbey on 6/11/2020) (chmb)
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Filing 14
Joint MOTION for Extension of Time to File Joint Status Report filed by Sharon Clarke (Frisch, Andrew)
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Filing 13
NOTICE of Consent to Become a Party Plaintiff signed by Layne Akers on May 1, 2020. (Attachments: #1 Exhibit(s) A Akers & Bush - Consents to Join) (Frisch, Andrew)
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Filing 12
NOTICE of Consent to Become a Party Plaintiff signed by Justice Bush on April 9, 2020. (Attachments: #1 Exhibit(s) A Akers & Bush - Consents to Join) (Frisch, Andrew)
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Filing 11
SUMMONS Returned Executed as to Pei Wei Asian Diner LLC ; served on 4/10/2020. (Frisch, Andrew)
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Filing 10
ORDER REQUIRING STATUS AND SCHEDULING CONFERENCE. The parties are directed to confer within 14 days of the date of this Order, and report to the Court within 14 days after the conference the parties' position. (Ordered by Judge David C Godbey on 5/18/2020) (axm)
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Filing 9
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Pei Wei Asian Diner LLC. (Brown, John)
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Filing 8
ANSWER to #1 Complaint filed by Pei Wei Asian Diner LLC. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Attorney John B Brown added to party Pei Wei Asian Diner LLC(pty:dft) (Brown, John)
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Filing 7
NOTICE of Consent to Become a Party Plaintiff signed by Bradley Burch on April 7, 2020. (Attachments: #1 Exhibit(s) A) (Frisch, Andrew)
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Filing 6
NOTICE of Consent to Become a Party Plaintiff signed by Ron Hardy on March 7, 2020. (Attachments: #1 Exhibit(s) A) (Frisch, Andrew)
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Filing 5
Summons Issued as to Pei Wei Asian Diner LLC. (oyh)
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Filing 4
New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (oyh)
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Filing 3
ADDITIONAL ATTACHMENTS (Cover Sheet) to #1 Complaint, by Plaintiff Sharon Clarke. (Frisch, Andrew)
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Filing 2
Request for Clerk to issue Summons filed by Sharon Clarke. (Frisch, Andrew)
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Filing 1
COMPLAINT WITH JURY DEMAND against Pei Wei Asian Diner LLC filed by Sharon Clarke. (Filing fee $400; Receipt number 0539-10748707) Plaintiff will submit summons(es) for issuance. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s) A) (Frisch, Andrew)
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