Guy v. Convergent Outsourcing Inc
| Leo Guy, Ryan Tanner, Magaly Granados and Kerry Lamons |
| Convergent Outsourcing, Inc. and Convergent Outsourcing Inc |
| Tammy Rano, Vicki Will, Juan Garcia-Meza and Jennifer Marie White |
| 2:2022cv01558 |
| November 2, 2022 |
| US District Court for the Western District of Washington |
| Marsha J Pechman |
| Personal Property: Other |
| 28 U.S.C. § 1332 Diversity-Declaratory Judgment |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 20, 2024. A more recent docket listing may be available from PACER.
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Filing 57
DECLARATION of Cameron R. Azari filed by All Plaintiffs re #55 Unopposed MOTION for Preliminary Approval of Class Action Settlement Agreement (Jordan, Cecily)
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Filing 56
DECLARATION of Gary M. Klinger filed by All Plaintiffs re #55 Unopposed MOTION for Preliminary Approval of Class Action Settlement Agreement (Attachments: #1 Exhibit A, #2 Complaint B)(Jordan, Cecily)
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Filing 55
Unopposed MOTION for Preliminary Approval of Class Action Settlement Agreement, filed by All Plaintiffs. (Attachments: #1 Proposed Order) Noting Date 10/30/2023, (Jordan, Cecily)
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Filing 54
ORDER granting Plaintiff's #53 Motion for Extension of Time. Plaintiffs' deadline to file Plaintiffs' Motion for Preliminary Approval of Class Action Settlement is hereby extended until 10/30/2023. Signed by Judge Marsha J. Pechman. (SB)
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Filing 53
Unopposed MOTION for Extension of Time to File Plaintiffs' Motion for Preliminary Approval of Class Action Settlement, filed by Consol Plaintiffs Magaly Granados, Kerry Lamons, Tammy Rano, Ryan Tanner, Jennifer Marie White, Vicki Will, Plaintiff Leo Guy. (Attachments: #1 Proposed Order) Noting Date 10/12/2023, (Mason, Gary)
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Filing 52
ORDER granting Plaintiffs' #51 Unopposed Motion for Extension of Time to File Plaintiffs' Motion for Preliminary Approval of Class Action Settlement. Plaintiffs' deadline is hereby extended by fourteen (14) days until 10/16/2023. Signed by Judge Marsha J. Pechman. (SB)
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Filing 51
Unopposed MOTION Extension of Time to File Plaintiffs' Motion for Preliminary Approval of Class Action Settlement , filed by Consol Plaintiffs Juan Garcia-Meza, Magaly Granados, Kerry Lamons, Tammy Rano, Ryan Tanner, Jennifer Marie White, Vicki Will, Plaintiff Leo Guy. (Attachments: #1 Proposed Order) Noting Date 9/25/2023, (Jordan, Cecily)
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Filing 50
ORDER granting Parties' #49 Stipulated Motion to Stay. Signed by Judge Marsha J. Pechman. (SS)
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Filing 49
Joint MOTION to Stay Pending Preliminary Approval, filed by All Plaintiffs. Noting Date 8/17/2023, (Jordan, Cecily)
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Filing 48
ORDER granting Parties' #47 Stipulated MOTION for Extension of Time to File Answer re #31 Amended Complaint. Defendant Convergent Outsourcing, Inc.'s deadline to answer, move, or otherwise plead in response to Plaintiffs Leo Guy, et al.'s (together, "Plaintiffs") Consolidated Amended Class Action Complaint is extended up to and including 9/26/2023, or, if Plaintiffs file their Consolidated Second Amended Class Action Complaint on or before 9/5/2023, thirty (30) days after its filing. Signed by Judge Marsha J. Pechman. (SB)
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Filing 47
Stipulated MOTION for Extension of Time to File Answer re #31 Amended Complaint,, , filed by Defendant Convergent Outsourcing Inc. (Attachments: #1 Proposed Order) Noting Date 8/1/2023, (Morrison, James)
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Filing 46
ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT Joint Status Report due by 8/31/2023, FRCP 26(f) Conference Deadline is 8/17/2023, Initial Disclosure Deadline is 8/24/2023. Signed by Judge Marsha J. Pechman. (GC)
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Filing 45
ORDER granting in part and denying in part Defendant's #36 Motion to Dismiss. The Court GRANTS the Motion in part and DISMISSES Plaintiffs' negligence, breach of implied contract, breach of the duty of confidence, Washington Data Breach Law, CCPA (in part) and California constitutional privacy claims. The Court DENIES the Motion as to Plaintiffs' invasion of privacy, unjust enrichment, Washington CPA, CCPA (in part), UCL, and declaratory relief claims. The Court DISMISSES all but the CCPA claim with prejudice. If Plaintiffs wish to file an amended complaint, they must do so within 45 days of this Order. The Court will separately issue an order requiring a joint status report in the interim. Signed by Judge Marsha J. Pechman. (SB)
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Filing 44
REPLY, filed by Defendant Convergent Outsourcing Inc, TO RESPONSE to #36 MOTION to Dismiss (Morrison, James)
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Filing 43
RESPONSE, by Consol Plaintiffs Juan Garcia-Meza, Magaly Granados, Kerry Lamons, Tammy Rano, Ryan Tanner, Jennifer Marie White, Vicki Will, Plaintiff Leo Guy, to #36 MOTION to Dismiss . (Attachments: #1 Exhibit Exhibit A)(Jordan, Cecily)
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Filing 42
NOTICE of Change of Address/Change of Name of Attorney Gary E Mason. Filed by Consol Plaintiffs Juan Garcia-Meza, Magaly Granados, Kerry Lamons, Tammy Rano, Ryan Tanner, Jennifer Marie White, Vicki Will, Plaintiff Leo Guy. (Mason, Gary)
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Filing 41
NOTICE of Change of Address/Change of Name of Attorney Danielle L Perry. Filed by Plaintiff Leo Guy. (Perry, Danielle)
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Filing 40
NOTICE of Change of Address/Change of Name of Attorney Lisa A White. Filed by Plaintiff Leo Guy. (White, Lisa)
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Filing 39
ORDER granting Parties' #38 Stipulated Motion for Extension of Time. Plaintiffs' response to the motion to dismiss must be filed on or before 4/12/2023 and Defendant's reply to the motion to dismiss must be filed by 4/26/2023. The motion to dismiss is re-noted on the motion calendar to 4/26/2023. Signed by Judge Marsha J. Pechman. (SB)
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Filing 38
Stipulated MOTION for Extension of Time for Motion to Dismiss Briefing Schedule, filed by Defendant Convergent Outsourcing Inc. (Attachments: #1 Proposed Order) Noting Date 3/23/2023, (Morrison, James)
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Filing 37
ORDER SETTING TRIAL DATE AND RELATED DATES; Length of Trial: *7-10 Days*. Jury Trial is set for 9/23/2024 at 09:00 AM before Judge Marsha J. Pechman. Joinder of Parties due by 3/21/2023, Amended Pleadings due by 8/10/2023, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 10/30/2023, Motions due by 3/27/2024, Discovery completed by 4/26/2024, Dispositive motions due by 5/28/2024, Motions in Limine due by 8/19/2024, Pretrial Order due by 9/10/2024, Trial briefs to be submitted by 9/10/2024, Proposed voir dire/jury instructions due by 9/10/2024, Pretrial Conference set for 9/12/2024 at 01:30 PM before Judge Marsha J. Pechman. Deadline to file class certification motion shall be due 10/30/2023, Deadline by which Plaintiff's must make class cert experts available for deposition is 11/30/2023, Deadline to file opposition to class certification motion and disclose expert and report pursuant to FRCP 26(a)(2) in opposition to class certification motion shall by due 1/15/2024, Deadline by which COI must make class cert experts available for deposition is 2/15/2024, Deadline to file reply in support of class certification motion; no rebuttal report absent court permission is 3/15/2024. The Court does not require mediation or settlement dates though they may be done at any time. The Court will not alter dates or grant continuances to accommodate the parties scheduling of these activities. Signed by Judge Marsha J Pechman. (GC)
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Filing 36
MOTION to Dismiss , filed by Defendant Convergent Outsourcing Inc. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 4/7/2023, (Morrison, James)
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Filing 35
JOINT STATUS REPORT signed by all parties. Estimated Trial Days: 7-10. (Jordan, Cecily)
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Filing 34
ORDER re #33 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Melissa Bilancini for Defendant Convergent Outsourcing Inc by Clerk Ravi Subramanian. 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). (JWC)
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Filing 33
APPLICATION OF ATTORNEY Melissa Bilancini FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Convergent Outsourcing Inc (Fee Paid) Receipt No. AWAWDC-7888433 (Morrison, James)
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Filing 32
ORDER re #30 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Jason M Wucetich for Plaintiff Jennifer Marie White by Clerk Ravi Subramanian. 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). (JWC)
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Filing 31
AMENDED COMPLAINT (CONSOLIDATED) against defendant(s) Convergent Outsourcing Inc with JURY DEMAND Attorney Cecily Jordan added to party Magaly Granados(pty:conpla), Attorney Cecily Jordan added to party Leo Guy(pty:pla), Attorney Cecily Jordan added to party Tammy Rano(pty:conpla), Attorney Cecily Jordan added to party Ryan Tanner(pty:conpla), Attorney Cecily Jordan added to party Jennifer Marie White(pty:conpla), Attorney Cecily Jordan added to party Vicki Will(pty:conpla), filed by Tammy Rano, Kerry Lamons, Jennifer Marie White, Magaly Granados, Leo Guy, Ryan Tanner, Vicki Will. (Attachments: #1 Exhibit A)(Jordan, Cecily)
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Filing 30
APPLICATION OF ATTORNEY Jason M. Wucetich FOR LEAVE TO APPEAR PRO HAC VICE for Consol Plaintiff Jennifer Marie White (Fee Paid) Receipt No. AWAWDC-7885610 (Jordan, Cecily)
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Filing 29
ORDER of Consolidation. The Court ORDERS that the matter of White v. Convergent Outsourcing Inc et al, C23-182-MJP, be consolidated for all purposes with this matter. Signed by Judge Marsha J. Pechman. (SB)
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Filing 28
ORDER granting Parties' #27 Joint Motion to Consolidate. Garcia-Meza v. Convergent Outsourcing, Inc. (No. 2:22-cv-01804-BJR) shall be consolidated with Guy v. Convergent Outsourcing, Inc. (No. 2:22-cv-01558-MJP). All case deadlines in the Garcia-Meza Action are stricken and all case deadlines in the Guy Action shall apply to the Garcia-Meza Action, including the Guy Action Order Granting Stipulated Motion To Extend Complaint Response Deadline (Dkt. #15 ) and the Order Regarding Initial Disclosures, Joint Status Report, and Early Settlement (Dkt. #26 ). Signed by Judge Marsha J. Pechman. (SB)
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Filing 27
Joint MOTION to Consolidate Cases , filed by Defendant Convergent Outsourcing Inc. (Attachments: #1 Exhibit A, Guy Complaint, #2 Exhibit B, Garcia-Meza Complaint, #3 Proposed Order) Noting Date 1/26/2023, (Morrison, James)
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Filing 26
MINUTE ORDER: At the parties' request, an extension of time to file the joint status report is granted. The report will be due on 3/10/2023. Failure to adhere to this deadline may result in sanctions, up to and including dismissal of this action. Authorized by Marsha J Pechman. (GC)
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Filing 25
ORDER to Consolidate. The Court ORDERS that the matter of Will v. Convergent Outsourcing Inc., C22-1813 MJP, be consolidated for all purposes with this matter. Signed by Judge Marsha J. Pechman. (SB)
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Filing 24
ORDER re Appointment of Interim Co-Lead Counsel. Plaintiffs have now identified Jean Martin as the Co-Lead whip and Cecily C. Jordan as the local liaison counsel. (See Dkt. No. #22 .) The Court approves of these selections. Signed by Judge Marsha J. Pechman. (SB)
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Filing 23
ORDER of Consolidation. The Court ORDERS that the matter C22-1652 MJP be consolidated for all purposes with this consolidated matter. Signed by Judge Marsha J. Pechman. (SB)
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Filing 22
STATUS REPORT by Plaintiffs Magaly Granados, Leo Guy, Ryan Tanner (Mason, Gary)
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Filing 21
ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT Joint Status Report due by 2/2/2023, FRCP 26(f) Conference Deadline is 1/19/2023, Initial Disclosure Deadline is 1/26/2023. Signed by Judge Marsha J. Pechman. (GC)
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Filing 20
ORDER granting Plaintiff's #10 Motion to Appoint Interim Co-Lead Counsel. The court APPOINTS as interim co-lead counsel: (1) Gary E. Mason of Mason LLP; (2) Jean S. Martin of Morgan & Morgan Complex Litigation Group; and (3) Gary M. Klinger of Milberg Coleman Bryson Phillips Grossman, PLLC. Signed by Judge Marsha J. Pechman. (SB)
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Filing 19
MINUTE ENTRY for proceedings held before Judge Marsha J. Pechman- Dep Clerk: Grant Cogswell; Pla Counsel: Gary Mason, Michael Subit, Jean Martin, Beth Terrell, Gary Klinger, Jason Dennett, Philip Krzeski; Def Counsel: James Morrison, Bethany Lukitsch; CR: Debbie Zurn; Time of Hearing: 2:00PM; Courtroom: Zoom;Motion Hearing held on 12/20/2022. THe Court hears Oral Argument on the MOTION to Appoint Interim Co-Lead Counsel Dkt. No. #10 . The Court will issue a written order with the rulings made on the record following this entry.(GC)
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Filing 18
ORDER re #17 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Bethany G Lukitsch for Defendant Convergent Outsourcing Inc by Clerk Ravi Subramanian. 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). (JWC)
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Filing 17
APPLICATION OF ATTORNEY Bethany G. Lukitsch FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Convergent Outsourcing Inc (Fee Paid) Receipt No. AWAWDC-7818550 (Morrison, James)
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Set Hearing on #10 MOTION to Appoint Interim Co-Lead Counsel Under Fed. R. Civ. P. 23(g)(3) : Motion Hearing set for 12/20/2022 at 11:00 AM before Judge Marsha J. Pechman. This hearing will be conducted remotely using Zoom.(GC)
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ORDER re Application for Leave to Appear Pro Hac Vice (filed in 22-cv-1562, ECF #9). The Court ADMITS Attorney Jean Sutton Martin for Plaintiff Ryan Tanner by Clerk Ravi Subramanian. 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). (JWC)
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Filing 16
ORDER granting Plaintiff's #9 Motion to Consolidate. All filings in this consolidated action shall be filed on the docket of the first-filed case (C22-1558). The Clerk is directed to file this Order in all four cases and then administratively close the following related cases: (1) C22-1562 MJP; (2) C22-1590 MJP; and (3) C22-1597 MJP. Signed by Judge Marsha J. Pechman. (SB)
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Filing 15
ORDER granting Parties' #14 Stipulated MOTION for Extension of Time to File Answer re #1 Complaint. Defendant's deadline to answer, move, or otherwise plead in response to Plaintiff's Class Action Complaint is extended until the greater of either 1/12/2023, or, if the pending Motion to Consolidate is granted, thirty (30) days after the filing of a Consolidated Amended Complaint. Signed by Judge Marsha J. Pechman. (SB)
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Filing 14
Stipulated MOTION for Extension of Time to File Answer re #1 Complaint , filed by Defendant Convergent Outsourcing Inc. (Attachments: #1 Proposed Order) Noting Date 11/23/2022, (Morrison, James) Modified title on 11/23/2022 (SS).
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Filing 13
CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Convergent Resources, Inc. for Convergent Outsourcing Inc. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Convergent Outsourcing Inc (Morrison, James)
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Filing 12
NOTICE of Appearance by attorney James Raymond Morrison on behalf of Defendant Convergent Outsourcing Inc. (Morrison, James)
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Filing 11
AFFIDAVIT of Service of Summons and Complaint on Convergent Outsourcing, Inc. on 11/7/2022, filed by Plaintiff Leo Guy. (Mason, Gary)
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Filing 10
MOTION to Appoint Interim Co-Lead Counsel Under Fed. R. Civ. P. 23(g)(3), filed by Plaintiff Leo Guy. (Attachments: #1 Exhibit A Mason LLP Resume, #2 Exhibit B M&M Resume, #3 Exhibit C Milberg Resume, #4 Proposed Order) Noting Date 11/25/2022, (Mason, Gary)
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Filing 9
MOTION to Consolidate Cases and Memorandum in Support, filed by Plaintiff Leo Guy. (Attachments: #1 Proposed Order) Noting Date 11/25/2022, (Mason, Gary)
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Filing 8
ORDER re #6 APPLICATION OF ATTORNEY Lisa A. White FOR LEAVE TO APPEAR PRO HAC VICE. The Court ADMITS Attorney Lisa A White for Plaintiff Leo Guy by Clerk Ravi Subramanian. 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). (JWC)
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Filing 7
ORDER re #4 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Danielle L Perry for Plaintiff Leo Guy by Clerk Ravi Subramanian. 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). (JWC)
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Filing 6
APPLICATION OF ATTORNEY Lisa A. White FOR LEAVE TO APPEAR PRO HAC VICE by Plaintiff Leo Guy. Receipt No. AWAWDC-7766035 (Subit, Michael)
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Filing 5
ORDER re #3 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Gary E Mason for Plaintiff Leo Guy by Clerk Ravi Subramanian. 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). (JWC)
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Filing 4
APPLICATION OF ATTORNEY Danielle L. Perry FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Leo Guy (Fee Paid) Receipt No. AWAWDC-7766050 (Subit, Michael)
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Filing 3
APPLICATION OF ATTORNEY Gary E. Mason FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Leo Guy (Fee Paid) Receipt No. AWAWDC-7766046 (Subit, Michael)
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Filing 2
Summons(es) Electronically Issued as to defendant(s) Convergent Outsourcing Inc (JWC)
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Judge Marsha J. Pechman added. (JWC)
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Filing 1
COMPLAINT against defendant(s) Convergent Outsourcing, Inc. with JURY DEMAND (Receipt # AWAWDC-7764221), filed by Leo Guy. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet, #3 Summons)(Subit, Michael)
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