Westbrook et al v. Paulson et al
| James Westbrook, Without a Crystal Ball LLC, Halo Beauty Partners LLC and Tatiana Westbrook |
| Katie Joy Paulson, Does 1 through 100, inclusive and Does 1-100 |
| 2:2020cv01606 |
| October 30, 2020 |
| US District Court for the Western District of Washington |
| Barbara J Rothstein |
| Assault Libel & Slander |
| 28 U.S.C. § 1332 Diversity-Libel,Assault,Slander |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 13, 2021. A more recent docket listing may be available from PACER.
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| Filing 68 JUDGMENT BY COURT: By Order of the Court, the Defendants' #17 motion to dismiss is GRANTED. (LH) |
Filing 67
ORDER GRANTING DEFENDANTS' #17 MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION; AND DENYING DEFENDANTS' #59 MOTION FOR SANCTIONS. This case is DISMISSED without prejudice. Signed by Judge Barbara J. Rothstein. (MW)
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| Filing 66 RESPONSE, by Plaintiffs Halo Beauty Partners LLC, James Westbrook, Tatiana Westbrook, to #63 MOTION to Qualify Counsel to Continue Representation . Oral Argument Requested. (Attachments: #1 Proposed Order Proposed Order)(Levine, Elana) |
| Filing 65 RESPONSE, by Plaintiffs Halo Beauty Partners LLC, James Westbrook, Tatiana Westbrook, to #59 MOTION for Sanctions . Oral Argument Requested. (Attachments: #1 Declaration of Elana R. Levine, #2 Declaration of Michael J. Saltz, #3 Declaration of Jeffrey Bilanko, #4 Proposed Order Proposed Order)(Levine, Elana) |
| Filing 64 DECLARATION of Michael Brown filed by Defendants Katie Joy Paulson, Without a Crystal Ball LLC re #63 MOTION to Qualify Counsel to Continue Representation (Brown, Michael) |
| Filing 63 MOTION to Qualify Counsel to Continue Representation , filed by Defendants Katie Joy Paulson, Without a Crystal Ball LLC. (Attachments: #1 Proposed Order)(Brown, Michael) |
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Filing 62
MINUTE ORDER: Motions to shorten time have been abolished. LCR 6(b). The Court therefore strikes the Motion to Shorten Time, Dkt. No. #61 . Authorized by Judge Barbara J. Rothstein. (LH)
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| Filing 61 ***STRICKEN PER 62 MINUTE ORDER*** MOTION Shorten Time on Rule 11 Motion, filed by Defendant Katie Joy Paulson. (Attachments: #1 Proposed Order Proposed Order to Shorten Time)(Brown, Michael) Modified on 2/16/2021 (LH). |
| Filing 60 DECLARATION of Michael P. Brown in Support of Motion for Sanctions filed by Defendants Katie Joy Paulson, Without a Crystal Ball LLC re #59 MOTION for Sanctions (Brown, Michael) |
| Filing 59 MOTION for Sanctions , filed by Defendants Katie Joy Paulson, Without a Crystal Ball LLC. Oral Argument Requested. (Attachments: #1 Proposed Order)(Brown, Michael) |
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Filing 58
ORDER granting Parties' #53 Stipulated Motion to Seal. The Clerk shall maintain Docket #52 under seal. Signed by Judge Barbara J. Rothstein. (LH)
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| Filing 57 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of the status conference held via Zoom held on 2/2/2021 before Judge Barbara J. Rothstein.Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.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. Information regarding the policy can be found on the court's website at #www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Nancy Bauer, nancy_bauer@wawd.uscourts.gov. Release of Transcript Restriction set for 5/5/2021, (NB) |
| Filing 55 TRANSCRIPT REQUEST by Defendants Katie Joy Paulson, Without a Crystal Ball LLC for proceedings held on 02/01/2021. Requesting Attorney: Michael P Brown.Posting of this Transcript Order form does not constitute an official request for transcript(s). You MUST contact the individual court reporter(s) Nancy Bauer (nancy_bauer@wawd.uscourts.gov, 206-370-8506) to make payment arrangements and secure your desired delivery time. (Brown, Michael) |
| Filing 56 MINUTE ENTRY for proceedings held before Judge Barbara J. Rothstein- Dep Clerk: Grant Cogswell; Pla Counsel: Elana Levine, Jeffrey Bilanko, Michael Saltz, Susan Kaplan; Def Counsel: Michael Brown; CR: Nancy Bauer; Time of Hearing: 10:00AM; Status Conference via ZoomGov held on 2/2/2021. The Court held a hearing on Defendants Motion for Status Conference. After hearing argument of counsel regarding allegations of the abusive and inappropriate use of social media, made by both sides against the other, the Court declined to issue a restraining order limiting counsels or the parties use of social media. However, the Court reminds the attorneys in this matter that they will be held to all Rules of Professional Conduct, and relevant to this dispute in particular, Washington RPC 3.6 (materially identical to the California Rule of Professional Conduct 5-120(A)), which provides that a lawyer who is participating or has participated in the investigation or litigation of a matter shall not make an extrajudicial statement that the lawyer knows or reasonably should know will be disseminated by means of public communication and will have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter. Counsel is cautioned that abuses of social media outlets that test the limits of this Rule will not be countenanced. (GC) |
| Filing 54 NOTICE to Withdraw Pending Motion re #51 MOTION to Seal Second Supplemental Brown Declaration ; by Defendants Katie Joy Paulson, Without a Crystal Ball LLC. (Brown, Michael) |
| Filing 53 Stipulated MOTION to Seal Second Supplemental Declaration of Michael P. Brown (Dkt. 52), filed by Defendants Katie Joy Paulson, Without a Crystal Ball LLC. (Attachments: #1 Proposed Order, #2 Proposed Order)(Brown, Michael) |
| Filing 52 SEALED DOCUMENT Second Supplemental Brown Declaration by Defendant Katie Joy Paulson re #51 MOTION to Seal Second Supplemental Brown Declaration, #43 Praecipe to Attach Document (Brown, Michael) |
| Filing 51 MOTION to Seal Second Supplemental Brown Declaration, filed by Defendant Katie Joy Paulson. (Attachments: #1 Proposed Order to Seal)(Brown, Michael) |
| Filing 50 PRAECIPE to attach document re #39 MOTION for Hearing by Defendant Katie Joy Paulson (Attachments: #1 Exhibit Supplemental Declaration of Katherine Paulson)(Brown, Michael) |
| Filing 49 Supplemental DECLARATION of Michael Brown filed by Defendant Katie Joy Paulson re #39 MOTION for Hearing (Brown, Michael) |
| Filing 48 REPLY, filed by Defendant Katie Joy Paulson, TO RESPONSE to #39 MOTION for Hearing (Brown, Michael) |
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Filing 47
MINUTE ORDER: The Court has received Plaintiffs' "Proposed Alternative to Filing Records Under Seal," in which Plaintiffs express concern that "should Defense Counsel file a Motion to Seal said documents, and fail to meet the high burden imposed by the Local Rules as to the sealing of documents,... the contents of said documents containing such private information about a third-party witness would automatically become public." Plaintiffs suggest as an alternative to an in camera review of the material that both parties agree should not be made public. The Court declines to review unfiled material in camera, finding that Plaintiffs' concerns can be addressed by the filing of a joint motion to seal that includes a stipulation that, in the event the material not meet the criteria for sealing under Local Rule 5(g), the documents be withdrawn rather than publicly filed. See LR 5(g)(6)(2)("When the court denies a motion to seal, the clerk will unseal the document unless (1) the court orders otherwise, or (2) the party who is relying on the sealed document requests in the motion to seal or response that, if the motion to seal is denied, the court withdraw the document from the record rather than unseal it."). If the motion to seal is denied, the parties may propose alternatives to filing at that time. Authorized by Judge Barbara J. Rothstein. (LH)
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| Set/Reset Hearings: Telephone Conference is reset for 2/2/2021 at 10:00 AM before Judge Barbara J. Rothstein. This hearing will be conducted via ZoomGov, courtroom Deputy will provide counsel with Zoom information. (GC) |
| Filing 46 RESPONSE, by Plaintiffs Halo Beauty Partners LLC, James Westbrook, Tatiana Westbrook, to #39 MOTION for Hearing. (Attachments: #1 Declaration of Michael J. Saltz, #2 Declaration of Elana R. Levine, #3 Declaration of Natalie Kennett)(Levine, Elana) |
| Filing 45 REPLY by Plaintiffs Halo Beauty Partners LLC, James Westbrook, Tatiana Westbrook to 44 Minute Order, (Bilanko, Jeffrey) |
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Filing 44
MINUTE ORDER: Defendants' counsel has contacted the court by email, indicating that Plaintiffs' counsel would like an opportunity to suggest an alternative to the motion to seal that Defendants are contemplating filing. Plaintiffs' counsel may file a proposed alternative, if any, by close of business January 26, 2021. Authorized by Judge Barbara J. Rothstein. (LH)
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| Filing 43 PRAECIPE to attach document re #17 MOTION to Dismiss by Defendant Katie Joy Paulson (Attachments: #1 Exhibit Brown Decl, #2 Exhibit Paulson Decl)(Brown, Michael) |
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Filing 42
MINUTE ORDER: The Court is in receipt of Defendants' #39 Motion for Status Conference, and email correspondence from counsel for both parties regarding the schedule for hearing that motion. The Court hereby modifies the briefing schedule in its Standing Order as applied to this motion as follows: Plaintiffs shall file a response no later than January 27, 2021; Defendants may file a reply no later than January 29, 2021. The Court sets a hearing on the motion for Monday, February 1 2, 2021, at 10:00 a.m. Authorized by Judge Barbara J. Rothstein. (LH) Modified date of hearing on 1/21/2021; re-generated notice to parties (LH).
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| Set/Reset Deadlines & Hearings: Telephone Conference set for 2/1/2021 at 10:00 AM before Judge Barbara J. Rothstein, per direction of chambers. (LH) |
| NOTICE of Docket Text Modification re #41 Declaration, #40 Declaration, #39 MOTION for Status Conference: Modified #39 to convert REQUEST into a MOTION. Modified #40 and #41 to link to MOTION at docket #39 . (KB) |
| Filing 41 DECLARATION of Michael Brown filed by Defendant Katie Joy Paulson re #17 MOTION to Dismiss #39 MOTION FOR STATUS CONFERENCE (Brown, Michael) Modified on 1/19/2021 to link to correct motion (KB). |
| Filing 40 DECLARATION of Katherine Paulson filed by Defendant Katie Joy Paulson re #17 MOTION to Dismiss #39 MOTION FOR STATUS CONFERENCE (Brown, Michael) Modified on 1/19/2021 to link to correct motion (KB). |
| Filing 39 MOTION REQUEST FOR STATUS CONFERENCE by Defendant Katie Joy Paulson for Status Conference (Brown, Michael) Modified on 1/19/2021 to convert to a motion (KB). |
| Filing 38 PRAECIPE to attach document Declaration re #27 Response to Motion, by Plaintiffs Halo Beauty Partners LLC, James Westbrook, Tatiana Westbrook (Attachments: #1 Declaration of Lori Ann Barnhart)(Levine, Elana) |
| Filing 37 REQUEST by Plaintiffs Halo Beauty Partners LLC, James Westbrook, Tatiana Westbrook for Leave to File Sur Reply re #33 Reply to Response to Motion (Attachments: #1 Proposed Order)(Levine, Elana) |
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Filing 36
STIPULATED ORDER Staying Discovery Pending Resolution of Defendants' Personal Jurisdiction Challenge re Parties' #32 Stipulation. Signed by Judge Barbara J. Rothstein. (LH)
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| Filing 35 DECLARATION of Supplemental Request for Judicial Notice filed by Defendant Without a Crystal Ball LLC re #17 MOTION to Dismiss (Brown, Michael) Modified on 1/7/2021 Corrected, not a Declaration but a supplement to original Request for Judicial Notice #16 (JF). |
| Filing 34 Supplemental DECLARATION of Katherine Paulson filed by Defendant Without a Crystal Ball LLC re #17 MOTION to Dismiss (Brown, Michael) |
| Filing 33 REPLY, filed by Defendant Katie Joy Paulson, TO RESPONSE to #17 MOTION to Dismiss (Brown, Michael) |
| Filing 32 STIPULATION AND PROPOSED ORDER STAYING DISCOVERY PENDING RESOLUTION OF DEFENDANTS' PERSONAL JURISDICTION CHALLENGE by parties (Brown, Michael) |
| Filing 31 JOINT STATUS REPORT signed by all parties. Estimated Trial Days: 10. (Bilanko, Jeffrey) |
| Filing 30 PRAECIPE in support of #27 opposition to #17 motion to dismiss by Plaintiffs Halo Beauty Partners LLC, James Westbrook, Tatiana Westbrook (Attachments: #1 Supplement Declaration in Opposition to Motion to Dismiss)(Bilanko, Jeffrey) Modified to create linkage on 1/5/2021 (LH). |
| Filing 29 Endorsed DECLARATION of Kim Fulmer ISO Plaintiffs' Opposition to Motion to Dismiss filed by Plaintiffs Halo Beauty Partners LLC, James Westbrook, Tatiana Westbrook re #17 MOTION to Dismiss (Levine, Elana) |
| Filing 28 Supplemental DECLARATION of Hope Walker ISO Opposition to Motion to Dismiss filed by Plaintiffs Halo Beauty Partners LLC, James Westbrook, Tatiana Westbrook re #17 MOTION to Dismiss (Levine, Elana) |
| Filing 27 RESPONSE, by Plaintiffs Halo Beauty Partners LLC, James Westbrook, Tatiana Westbrook, to #17 MOTION to Dismiss . (Attachments: #1 Declaration of Tatiana Westbrook, #2 Declaration of James Westbrook, #3 Declaration of Kim Fulmer, #4 Declaration of Macy Storme, #5 Declaration of Hope Walker, #6 Opposition to Defendants' Request for Judicial Notice, #7 Proposed Order Proposed Order Denying Defendants' Motion to Dismiss)(Levine, Elana) |
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Filing 26
STIPULATED ORDER REGARDING PRESERVATION OF EVIDENCE re: Parties' #25 Stipulation. Signed by Judge Barbara J. Rothstein. (PM) Plaintiffs' #8 Motion for Order to Preserve Evidence is termed as moot, per direction of chambers.
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| Filing 25 STIPULATION AND PROPOSED ORDER re Preservation of Evidence by parties re #8 MOTION Order to Preserve Evidence (Brown, Michael) |
| Filing 24 STATEMENT re 22 Minute Order,, OF COMPLIANCE WITH COURT'S STANDING ORDER SECTION II-F by Defendants Katie Joy Paulson, Without a Crystal Ball LLC (Brown, Michael) |
| Filing 23 CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Without a Crystal Ball LLC (Brown, Michael) |
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Filing 22
MINUTE ORDER: On the #8 Motion to Preserve Evidence, the Court will allow parties to file the response and reply briefs according to deadlines in the WAWD Local rules. On the #17 Motion to Dismiss, the Court will allow page limitations to follow the Local Rules on this motion only; deadlines, however, should be according to Judge Rothstein's Standing Order. In addition, counsel should meet and confer according to the Standing Order, and the moving party shall forthwith file a certification of conferral, also per the Standing Order. Authorized by Judge Barbara J. Rothstein. (PM)
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Filing 21
MINUTE ORDER: Pursuant to the Standing Order for Civil Cases Setting Trial Date, Related Dates, and Court Procedures (Standing Order) [Dkt. No. #20 ], the Court HEREBY STRIKES the noting dates for the Plaintiffs' motion for order to preserve evidence [Dkt. No. #8 ] and Defendants' motion to dismiss [Dkt. No. #17 ]. Instead, pursuant to Section II.A. 3 of the Standing Order, the oppositions to the motions are due twenty-one (21) days after the date on which the motion was filed and the reply is due fourteen (14) days after the opposition is filed. This Minute Order does not strike the motions; rather, it strikes the noting dates. The Court will consider the motions upon the completion of briefing in accordance with the foregoing schedule. Authorized by Judge Barbara J. Rothstein. (PM)
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Filing 20
STANDING ORDER FOR ALL CIVIL CASES. The procedures in this Order supplement, and in some cases, supersede the local rules. The parties are responsible for being familiar with the procedures in this Order. Failure to comply with the procedures may result in sanctions. Signed by Judge Barbara J. Rothstein. (GC)
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| Filing 19 DECLARATION of Katherine Paulson in Support of Defendants' Motion to Dismiss filed by Defendants Katie Joy Paulson, Without a Crystal Ball LLC re #17 MOTION to Dismiss (Brown, Michael) |
| Filing 18 DECLARATION of Michael Brown in Support of Defendants' Motion to Dismiss filed by Defendants Katie Joy Paulson, Without a Crystal Ball LLC re #17 MOTION to Dismiss (Brown, Michael) |
| Filing 17 MOTION to Dismiss , filed by Defendants Katie Joy Paulson, Without a Crystal Ball LLC. (Attachments: #1 Proposed Order Proposed Order) Noting Date 12/28/2020, (Brown, Michael) |
| Filing 16 REQUEST for Judicial Notice by Defendants Katie Joy Paulson, Without a Crystal Ball LLC for Judicial Notice (Brown, Michael) |
| Filing 15 AFFIDAVIT of Service of Summons and Complaint on Katie Joy Paulson on 11/12/2020, filed by Plaintiffs Halo Beauty Partners LLC, James Westbrook, Tatiana Westbrook. (Bilanko, Jeffrey) |
| Filing 14 MINUTE ORDER REASSIGNING CASE. Case reassigned to Judge Barbara J. Rothstein for all further proceedings. Magistrate Judge Theresa L Fricke no longer assigned to case. By Traci Whiteley, Deputy Clerk, for Clerk William M McCool. (TW) |
| NOTICE Pursuant to Fed.R.Civ.P 7.1, Without A Crystal Ball LLC must file a Corporate Disclosure Statement by 11/20/2020. (KMC) |
| Filing 13 NOTICE OF ASSIGNMENT TO A US MAGISTRATE JUDGE AND DECLINATION OF CONSENT FORM. Each party will be deemed to have knowingly and voluntarily consented to proceed before a Magistrate Judge if this form is not returned by 11/19/2020. Please Note: Forms must not be electronically filed with the Court. (KAM) |
| Filing 12 AFFIDAVIT of Service of Summons and Complaint on Without a Crystal Ball, LLC on 11/6/2020, filed by Plaintiffs Halo Beauty Partners LLC, James Westbrook, Tatiana Westbrook. (Bilanko, Jeffrey) |
| Filing 11 AFFIDAVIT of Service of Summons and Complaint on Without a Crystal Ball, LLC on 11/5/2020, filed by Plaintiffs Halo Beauty Partners LLC, James Westbrook, Tatiana Westbrook. (Bilanko, Jeffrey) |
| Filing 10 NOTICE of Appearance by attorney Michael P Brown on behalf of Defendants Katie Joy Paulson, Without a Crystal Ball LLC. (Brown, Michael) |
| Filing 9 DECLARATION of Michael J. Saltz in Support of Plaintiffs' Motion for an Order to Preserve Evidence filed by Plaintiffs Halo Beauty Partners LLC, James Westbrook, Tatiana Westbrook re #8 MOTION Order to Preserve Evidence (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Bilanko, Jeffrey) |
| Filing 8 MOTION Order to Preserve Evidence , filed by Plaintiffs Halo Beauty Partners LLC, James Westbrook, Tatiana Westbrook. (Attachments: #1 Proposed Order Granting Plaintiffs' Motion for an Order to Preserve Evidence) Noting Date 12/18/2020, (Bilanko, Jeffrey) |
| Filing 7 CORPORATE DISCLOSURE STATEMENT indicating Tati Halo Inc, Halo Beauty Inc, and Swanson Global Enterprises Inc no as Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Halo Beauty Partners LLC (Bilanko, Jeffrey) Modified on 11/3/2020 (KMC). |
| Filing 6 Summons(es) Electronically Issued as to defendant(s) Katie Joy Paulson, Without a Crystal Ball LLC (Attachments: #1 Summons-Paulson)(RE) |
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Filing 5
ORDER re #3 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Michael J Saltz for Plaintiffs Halo Beauty Partners LLC, James Westbrook, and Tatiana Westbrook, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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Filing 4
ORDER re #2 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Elana Levine for Plaintiffs Halo Beauty Partners LLC, James Westbrook and for Tatiana Westbrook, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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| Filing 3 APPLICATION OF ATTORNEY Michael J. Saltz FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Halo Beauty Partners LLC, James Westbrook, Tatiana Westbrook (Fee Paid) Receipt No. AWAWDC-6708891 (Bilanko, Jeffrey) |
| Filing 2 APPLICATION OF ATTORNEY Elana R. Levine FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Halo Beauty Partners LLC, James Westbrook, Tatiana Westbrook (Fee Paid) Receipt No. AWAWDC-6708853 (Bilanko, Jeffrey) |
| Judge Theresa L Fricke added. (RE) |
| NOTICE Pursuant to Fed.R.Civ.P 7.1, Plaintiff(s) Halo Beauty Partners LLC must file a Corporate Disclosure Statement by 11/9/2020. (RE) |
| Filing 1 COMPLAINT against defendant(s) Without a Crystal Ball LLC, Katie Joy Paulson with JURY DEMAND (Receipt # AWAWDC-6707588), filed by James Westbrook, Tatiana Westbrook, Halo Beauty Partners LLC. (Attachments: #1 Civil Cover Sheet, #2 Summons Katie Joy Paulson, #3 Summons Without a Crystal Ball)(Bilanko, Jeffrey) |
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