Fairway Assisted Living, LLC et al v. Teravista Community Association, Inc. et al
| Fairway Assisted Living, LLC, Shelly Dehn, Kerri Dehn and Norma Kelso |
| Teravista Community Association, Inc., Ryan Ficken, Bill Meyer, Alisa Douglass, Vaike O'Grady and Jody Bary |
| 1:2014cv00441 |
| May 9, 2014 |
| US District Court for the Western District of Texas |
| Austin Office |
| David A Ezra |
| Civil Rights: Accommodations |
| 28 U.S.C. § 2201 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 19, 2016. A more recent docket listing may be available from PACER.
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| Filing 65 STIPULATION of Dismissal by Fairway Assisted Living, LLC. (Sands, Afton) |
| Filing 64 Sealed Transcript filed (This transcript is not available electronically) (kma) |
Filing 63
ORDER FOR SETTLEMENT PAPERS, Stipulation of Dismissal or Agreed Judgment due on or before August 18, 2016. Any motions pending in this action are DENIED WITHOUT PREJUDICE, subject to reurging should settlement fail. Any court settings in this case are cancelled. Signed by Judge David A. Ezra. (dm)
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Filing 62
ORDER Cancelling Motion Hearing. Signed by Judge David A. Ezra. (dm)
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| Filing 61 Minute Entry for proceedings held before Judge David A. Ezra: Mediation Conference held on 7/6/2016 (Minute entry documents are not available electronically.). (Court Reporter Kristin Anderson.)(dm) |
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Filing 60
ORDER Setting Jury Selection/Trial and Related Deadlines. Jury Selection set for 11/28/2016 at 09:30AM before Judge David A. Ezra; Jury Trial set for 11/28/2016 at 09:30 AM before Judge David A. Ezra. Signed by Judge David A. Ezra. (os)
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Filing 59
ORDER Setting Mediation Conference for 7/6/2016 at 10:00 AM before Judge David A. Ezra. Signed by Judge David A. Ezra. (os)
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| Filing 58 Minute Entry for proceedings held before Judge David A. Ezra: Pretrial/Status Conference held on 5/17/2016 (Minute entry documents are not available electronically.) (Court Reporter Kristin Anderson.)(os) |
| Filing 57 RESPONSE to #55 Objection to Report and Recommendations by Fairway Assisted Living, LLC., Shelly Dehn, Kerri Dehn and Norma Kelso (Sands, Afton) Modified on 4/25/2016 to add filers (os). |
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Filing 56
ORDER Setting Hearing on #55 Objection to #53 Report and Recommendations. Hearing set for 7/21/2016 at 08:30 AM before Judge David A. Ezra in Austin, TX. Signed by Judge David A. Ezra. (os)
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| Filing 55 OBJECTION to #53 Report and Recommendations of the U.S. Magistrate Judge by Jody Bary, Alisa Douglass, Ryan Ficken, Bill Meyer, Vaike O'Grady, Teravista Community Association, Inc... (Chamberlain, David) |
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Filing 54
ORDER, ( Pretrial Conference reset for 5/17/2016 at 01:45 PM before Judge David A. Ezra,). Signed by Judge David A. Ezra. (dm)
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| Filing 53 REPORT AND RECOMMENDATIONS. Recommends the District Judge DENY #25 Motion for Summary Judgment; GRANT #26 Motion for Partial Summary Judgment. The Court DENYIES #39 Motion to Strike. Signed by Judge Andrew W. Austin. (os) |
| Motions No Longer Referred: #39 MOTION to Strike #26 MOTION for Partial Summary Judgment, #25 MOTION for Summary Judgment (os) |
| Motions No Longer Referred: #36 MOTION for Leave to File Plaintiffs' Opposed Motion for Leave to File Additional Summary Judgment Evidence , #31 MOTION for Leave to File Plaintiffs' Opposed Motion for Leave to File First Amended Answer to Defendants' Counterclaim (os) |
| Filing 52 First Amended ANSWER to #7 Answer to Complaint, Counterclaim by Kerri Dehn, Shelly Dehn, Fairway Assisted Living, LLC.(os) |
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Text Order GRANTING #31 Motion for Leave to File entered by Judge Andrew W. Austin. As noted at the February 17, 2016 hearing, the amendment is relevant to the issues raised in the pending summary judgment motions, and allowing it will not prejudice the defendants. (This is a text-only entry generated by the court. There is no document associated with this entry.) (AWA)
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Text Order GRANTING #36 Motion for Leave to File entered by Judge Andrew W. Austin. As noted at the February 17, 2016 hearing, the evidence submitted with the motion is proper and relevant to the issues before the court.(This is a text-only entry generated by the court. There is no document associated with this entry.) (AWA)
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Filing 51
ORDER REASSIGNING CASE. Case reassigned to Judge David A. Ezra for all proceedings. Judge Lee Yeakel no longer assigned to case. Signed by Judge Lee Yeakel. (dm)
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| Filing 50 Minute Entry for proceedings held before Judge Andrew W. Austin: Motion Hearing held on 2/17/2016 re #26 MOTION for Partial Summary Judgment, #31 MOTION for Leave to File Plaintiffs' Opposed Motion for Leave to File First Amended Answer to Defendants' Counterclaim, #36 MOTION for Leave to File Plaintiffs' Opposed Motion for Leave to File Additional Summary Judgment Evidence, #39 MOTION to Strike #32 Response to Motion, #25 MOTION for Summary Judgment (Minute entry documents are not available electronically.) Written order forthcoming. (Court Reporter ERO.)(os) |
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Filing 49
ORDER Setting Hearing on #39 MOTION to Strike Evidence, #26 MOTION for Partial Summary Judgment, #36 MOTION for Leave to File Additional Summary Judgment Evidence, #31 MOTION for Leave to File First Amended Answer to Defendants' Counterclaim, #25 MOTION for Summary Judgment. Motion Hearing set for 2/17/2016 at 10:00 AM before Judge Andrew W. Austin. Signed by Judge Andrew W. Austin. (os)
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| Filing 48 REPLY to Response to Motion, filed by Kerri Dehn, Shelly Dehn, Fairway Assisted Living, LLC, Norma Kelso, re #31 MOTION for Leave to File Plaintiffs' Opposed Motion for Leave to File First Amended Answer to Defendants' Counterclaim filed by Plaintiff Shelly Dehn, Plaintiff Norma Kelso, Plaintiff Fairway Assisted Living, LLC, Plaintiff Kerri Dehn / Reply in Support of their Opposed Motion for Leave (Sands, Afton) |
| Filing 47 NOTICE of Counsel's Vacation by Jody Bary, Alisa Douglass, Ryan Ficken, Bill Meyer, Vaike O'Grady, Teravista Community Association, Inc. (Campbell, David) |
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Filing 46
ORDER REFERRING MOTION: #26 MOTION for Partial Summary Judgment filed by Shelly Dehn, Norma Kelso, Fairway Assisted Living, LLC, Kerri Dehn, #31 MOTION for Leave to File Plaintiffs' Opposed Motion for Leave to File First Amended Answer to Defendants' Counterclaim filed by Shelly Dehn, Norma Kelso, Fairway Assisted Living, LLC, Kerri Dehn, #36 MOTION for Leave to File Plaintiffs' Opposed Motion for Leave to File Additional Summary Judgment Evidence filed by Shelly Dehn, Norma Kelso, Fairway Assisted Living, LLC, Kerri Dehn, #39 MOTION to Strike #32 Response to Motion, filed by Vaike O'Grady, Bill Meyer, Teravista Community Association, Inc., Jody Bary, Alisa Douglass, Ryan Ficken, #25 MOTION for Summary Judgment filed by Vaike O'Grady, Bill Meyer, Teravista Community Association, Inc., Jody Bary, Alisa Douglass, Ryan Ficken. Signed by Judge Lee Yeakel. Referral Magistrate Judge: Andrew W. Austin. (os)
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| Filing 45 Response in Opposition to Motion, filed by Jody Bary, Alisa Douglass, Ryan Ficken, Bill Meyer, Vaike O'Grady, Teravista Community Association, Inc., re #31 MOTION for Leave to File Plaintiffs' Opposed Motion for Leave to File First Amended Answer to Defendants' Counterclaim filed by Plaintiff Shelly Dehn, Plaintiff Norma Kelso, Plaintiff Fairway Assisted Living, LLC, Plaintiff Kerri Dehn (Attachments: #1 Proposed Order Proposed Order Denying Pls' Motion for Leave to Amend)(Campbell, David) |
| Filing 44 RESPONSE to Motion, filed by Kerri Dehn, Shelly Dehn, Fairway Assisted Living, LLC, Norma Kelso, re #39 MOTION to Strike #32 Response to Motion,,, filed by Defendant Vaike O'Grady, Defendant Bill Meyer, Defendant Teravista Community Association, Inc., Defendant Jody Bary, Defendant Alisa Douglass, Defendant Ryan Ficken (Attachments: #1 Proposed Order)(Sands, Afton) |
| Filing 43 **Disregard: incomplete document filed, replaced with doc #44 . RESPONSE to Motion, filed by Kerri Dehn, Shelly Dehn, Fairway Assisted Living, LLC, Norma Kelso, re #39 MOTION to Strike #32 Response to Motion,,, filed by Defendant Vaike O'Grady, Defendant Bill Meyer, Defendant Teravista Community Association, Inc., Defendant Jody Bary, Defendant Alisa Douglass, Defendant Ryan Ficken (Attachments: #1 Proposed Order)(Sands, Afton) Modified on 1/13/2016 (os). |
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Filing 42
ORDER GRANTING #37 Motion for Leave to File Sealed Document. Signed by Judge Lee Yeakel. (os)
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| Filing 41 ATTACHMENT Proposed Order to #39 MOTION to Strike #32 Response to Motion,,, by Jody Bary, Alisa Douglass, Ryan Ficken, Bill Meyer, Vaike O'Grady, Teravista Community Association, Inc.. (Campbell, David) |
| Filing 40 DEFICIENCY NOTICE: re #39 MOTION to Strike #32 Response to Motion (os) |
| Filing 39 MOTION to Strike #32 Response to Motion,,, by Jody Bary, Alisa Douglass, Ryan Ficken, Bill Meyer, Vaike O'Grady, Teravista Community Association, Inc.. (Campbell, David) |
| Filing 38 RESPONSE in Support, filed by Jody Bary, Alisa Douglass, Ryan Ficken, Bill Meyer, Vaike O'Grady, Teravista Community Association, Inc., re #25 MOTION for Summary Judgment filed by Defendant Vaike O'Grady, Defendant Bill Meyer, Defendant Teravista Community Association, Inc., Defendant Jody Bary, Defendant Alisa Douglass, Defendant Ryan Ficken (Campbell, David) |
| Filing 37 Motion for leave to File Sealed Document (Attachments: #1 Proposed Order, #2 Exhibit U, #3 Exhibit U-1) (Sands, Afton) |
| Filing 36 MOTION for Leave to File Plaintiffs' Opposed Motion for Leave to File Additional Summary Judgment Evidence by Kerri Dehn, Shelly Dehn, Fairway Assisted Living, LLC, Norma Kelso. (Attachments: #1 Proposed Order)(Sands, Afton) |
| Filing 35 REPLY in Support, filed by Kerri Dehn, Shelly Dehn, Fairway Assisted Living, LLC, Norma Kelso, re #26 MOTION for Partial Summary Judgment filed by Plaintiff Shelly Dehn, Plaintiff Norma Kelso, Plaintiff Fairway Assisted Living, LLC, Plaintiff Kerri Dehn (Sands, Afton) Additional attachment(s) added on 1/7/2016 pursuant to #42 Order: #1 Sealed Exhibit U and #2 Sealed Exhibit U-1 (os). Modified on 3/24/2016 to edit text (os). |
| Filing 34 Pretrial Disclosures Plaintiffs' Amended Designations Pursuant to Scheduling Order [Doc. 15] by Kerri Dehn, Shelly Dehn, Fairway Assisted Living, LLC, Norma Kelso. (Sands, Afton) |
| Filing 33 RESPONSE to Motion, filed by Jody Bary, Alisa Douglass, Ryan Ficken, Bill Meyer, Vaike O'Grady, Teravista Community Association, Inc., re #26 MOTION for Partial Summary Judgment filed by Plaintiff Shelly Dehn, Plaintiff Norma Kelso, Plaintiff Fairway Assisted Living, LLC, Plaintiff Kerri Dehn (Campbell, David) |
| Filing 32 RESPONSE to Motion, filed by Kerri Dehn, Shelly Dehn, Fairway Assisted Living, LLC, Norma Kelso, re #25 MOTION for Summary Judgment filed by Defendant Vaike O'Grady, Defendant Bill Meyer, Defendant Teravista Community Association, Inc., Defendant Jody Bary, Defendant Alisa Douglass, Defendant Ryan Ficken (Attachments: #1 Appendix Exhibit List, #2 Exhibit Exhibit K-Kerri Kehn deposition excerpts, #3 Exhibit Exhibit L-TWC charge, #4 Exhibit Exhibit M-M. Crowe Declaration, #5 Exhibit Exhibit N-R Pfouts' Affidavit, #6 Exhibit Exhibit O-R. Ricken's deposition excerpts, #7 Exhibit Exhibit P-Joel Barry deposition excerpts, #8 Exhibit Exhibit Q-V. O'Grady deposition excerpts, #9 Exhibit Exhibit R-G. White's notes, #10 Exhibit Exhibit S-Fax rec'd by Teravista in 2009, #11 Exhibit Exhibit T-Greg White deposition excerpts)(Sands, Afton) |
| Filing 31 MOTION for Leave to File Plaintiffs' Opposed Motion for Leave to File First Amended Answer to Defendants' Counterclaim by Kerri Dehn, Shelly Dehn, Fairway Assisted Living, LLC, Norma Kelso. (Attachments: #1 Appendix Exhibit List, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Proposed Order Proposed Order)(Sands, Afton) |
| Filing 30 NOTICE Joint Notice of Extension of Deadlines to Respond to Motions for Summary Judgment by Kerri Dehn, Shelly Dehn, Fairway Assisted Living, LLC, Norma Kelso (Sands, Afton) |
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Filing 29
ORDER GRANTING #28 Motion for Leave to File Sealed Document. Signed by Judge Lee Yeakel. (os)
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| Filing 28 Unopposed Motion for leave to File Sealed Document (Attachments: #1 Proposed Order, #2 Sealed Document) (Sands, Afton) |
| Filing 27 DEFICIENCY NOTICE: re #26 MOTION for Partial Summary Judgment (os) |
| Notice of Correction: re #27 Deficiency Notice for #26 MOTION for Partial Summary Judgment . The deficiency was issued in error. (os) |
| Filing 26 MOTION for Partial Summary Judgment by Kerri Dehn, Shelly Dehn, Fairway Assisted Living, LLC, Norma Kelso. (Attachments: #1 Exhibit A, #2 Exhibit B-1, #3 Exhibit B-2, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J)(Sands, Afton) (Additional attachment(s) added on 12/7/2015: #12 Sealed Exh. A) (os). |
| Filing 25 MOTION for Summary Judgment by Jody Bary, Alisa Douglass, Ryan Ficken, Bill Meyer, Vaike O'Grady, Teravista Community Association, Inc.. (Attachments: #1 Exhibit Exhibit 1A, #2 Exhibit Exhibit 1B, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4, #6 Exhibit Exhibit 5, #7 Exhibit Exhibits 6-10, #8 Proposed Order Proposed Order)(Campbell, David) |
| Filing 24 NOTICE Vacation Letter by Kerri Dehn, Shelly Dehn, Fairway Assisted Living, LLC, Norma Kelso (Sands, Afton) |
| Filing 23 WITNESS/EXHIBIT/EXPERT LIST by Kerri Dehn, Shelly Dehn, Fairway Assisted Living, LLC, Norma Kelso Plaintiffs' Designations Pursuant to Scheduling Order [Doc. 15]. (Sands, Afton) |
| Filing 22 Pretrial Disclosures Witnesses/Experts/Exhibits by Jody Bary, Alisa Douglass, Ryan Ficken, Bill Meyer, Vaike O'Grady, Teravista Community Association, Inc.. (Chamberlain, David) |
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Filing 21
AGREED CONFIDENTIALITY AND PROTECTIVE ORDER. Signed by Judge Lee Yeakel. (os)
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| Filing 20 Joint MOTION for Protective Order - Joint Motion for Entry of Agreed Confidentiality and Protective Order by Kerri Dehn, Shelly Dehn, Fairway Assisted Living, LLC, Norma Kelso. (Attachments: #1 Exhibit "A")(Sands, Afton) |
| Filing 19 WITNESS/EXHIBIT/EXPERT LIST by Jody Bary, Alisa Douglass, Ryan Ficken, Bill Meyer, Vaike O'Grady, Teravista Community Association, Inc. . (Valdes, Alexander) |
| Filing 18 Plaintiff's Designation of WITNESS/EXHIBIT/EXPERT LIST Pursuant to #15 Scheduling Order by Kerri Dehn, Shelly Dehn, Fairway Assisted Living, LLC, Norma Kelso. (Sands, Afton) Modified on 9/18/2015 to edit text (os). |
| Filing 17 NOTICE of Counsel's Vacation by Jody Bary, Alisa Douglass, Ryan Ficken, Bill Meyer, Vaike O'Grady, Teravista Community Association, Inc. (Campbell, David) |
| Filing 16 NOTICE Vacation Letter of Lorinda Holloway by Kerri Dehn, Shelly Dehn, Fairway Assisted Living, LLC, Norma Kelso (Holloway, Lorinda) |
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Filing 15
SCHEDULING ORDER:Final Pretrial Conference set for 4/29/2016 02:00 PM and Jury Trial in the month of May 2016 before Judge Lee Yeakel, Discovery due by 10/30/2015, Motions due by 12/1/2015,. Signed by Judge Lee Yeakel. (dm)
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| Filing 14 Minute Entry for proceedings held before Judge Lee Yeakel: Initial Pretrial Conference held on 3/25/2015 (Minute entry documents are not available electronically.). (Court Reporter Arlinda Rodriguez.)(dm) |
| Filing 13 NOTICE of Maternity Leave and Notice of Appearance by Kerri Dehn, Shelly Dehn, Fairway Assisted Living, LLC, Norma Kelso (Sands, Afton) |
| Filing 12 NOTICE of Attorney Appearance by David J. Campbell on behalf of Jody Bary, Alisa Douglass, Ryan Ficken, Bill Meyer, Vaike O'Grady, Teravista Community Association, Inc.. Attorney David J. Campbell added to party Jody Bary(pty:dft), Attorney David J. Campbell added to party Alisa Douglass(pty:dft), Attorney David J. Campbell added to party Ryan Ficken(pty:dft), Attorney David J. Campbell added to party Bill Meyer(pty:dft), Attorney David J. Campbell added to party Vaike O'Grady(pty:dft), Attorney David J. Campbell added to party Teravista Community Association, Inc.(pty:dft) (Campbell, David) |
| Filing 11 ADR Report Filed - (Joint) by Kerri Dehn, Shelly Dehn, Fairway Assisted Living, LLC, Norma Kelso(Sands, Afton) |
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Filing 10
ORDER (Initial Pretrial Conference set for 3/25/2015 at 3:30 PM before Judge Lee Yeakel). Signed by Judge Lee Yeakel. (kkc)
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| Filing 9 Proposed Scheduling Order by Teravista Community Association, Inc.. (Chamberlain, David) |
| Filing 8 Counter-Defendants' Original ANSWER to #7 Answer to Complaint,, Counterclaim, Attorney Afton Sands added to party Kerri Dehn(pty:cd), Attorney Afton Sands added to party Shelly Dehn(pty:cd), Attorney Afton Sands added to party Fairway Assisted Living, LLC(pty:cd) by Kerri Dehn, Shelly Dehn, Fairway Assisted Living, LLC.(Sands, Afton) |
| Filing 7 Defendants' First Amended ANSWER to Complaint and Original, COUNTERCLAIM against Kerri Dehn, Shelly Dehn, Fairway Assisted Living, LLC by Ryan Ficken, Bill Meyer, Vaike O'Grady, Alisa Douglass, Jody Bary, Teravista Community Association, Inc..(Chamberlain, David) |
| Filing 6 RULE 7 DISCLOSURE STATEMENT filed by Teravista Community Association, Inc. (Chamberlain, David) Modified on 9/19/2014 to remove filers (kkc). |
| Filing 5 Defendants' Original ANSWER to Complaint of Plaintiffs. Attorney David E. Chamberlain added to party Jody Bary(pty:dft), Attorney David E. Chamberlain added to party Alisa Douglass(pty:dft), Attorney David E. Chamberlain added to party Ryan Ficken(pty:dft), Attorney David E. Chamberlain added to party Bill Meyer(pty:dft), Attorney David E. Chamberlain added to party Vaike O'Grady(pty:dft), Attorney David E. Chamberlain added to party Teravista Community Association, Inc.(pty:dft) by Jody Bary, Alisa Douglass, Ryan Ficken, Bill Meyer, Vaike O'Grady, Teravista Community Association, Inc..(Chamberlain, David) |
| Filing 4 Summons Issued as to Jody Bary, Alisa Douglass, Ryan Ficken, Bill Meyer, Vaike O'Grady, Teravista Community Association, Inc. (kkc) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS by Kerri Dehn, Shelly Dehn, Fairway Assisted Living, LLC, Norma Kelso. (Holloway, Lorinda) |
| Filing 2 Letter to Meredith Mills re: Non-admitted status. (os) |
| Case Assigned to Judge Lee Yeakel. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (os) |
| DEMAND for Trial by Jury by Kerri Dehn, Shelly Dehn, Fairway Assisted Living, LLC, Norma Kelso. (os) |
| Filing 1 COMPLAINT and Jury Demand ( Filing fee $ 400 receipt number 0542-6477498). No Summons requested at this time, filed by Kerri Dehn, Shelly Dehn, Fairway Assisted Living, LLC, Norma Kelso. (Attachments: #1 Civil Cover Sheet)(Holloway, Lorinda) |
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