Thompson v. Spears
James Thompson |
Charlie Spears |
3:2015cv12547 |
August 19, 2015 |
US District Court for the Southern District of West Virginia |
Huntington Office |
Wayne |
Robert C Chambers |
Contract: Other |
28 U.S.C. § 1332 Diversity-Fraud |
Plaintiff |
Docket Report
This docket was last retrieved on November 4, 2016. A more recent docket listing may be available from PACER.
Document Text |
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NOTICE OF DOCKET CORRECTION re: #85 EXHIBIT LIST FROM JURY TRIAL held 11/1/2016 to 11/3/2016. Error: Incorrect image for attachment #72 attached. Correction: Replaced incorrect image for attachment #72 with correct image. (mkw) |
Filing 87 JURY VERDICT from trial held 11/1/2016 to 11/3/2016 - UNREDACTED for Courts Users Only. (jsa) |
Filing 86 JURY VERDICT from trial held 11/1/2016 to 11/3/2016. (jsa) |
Filing 85 EXHIBIT LIST FROM JURY TRIAL held 11/1/2016 to 11/3/2016 (Attachments: #1 Plaintiff's Exhibit 1, #2 Plaintiff's Exhibit 2, #3 Plaintiff's Exhibit 3, #4 Plaintiff's Exhibit 4, #5 Plaintiff's Exhibit 5, #6 Plaintiff's Exhibit 6, #7 Plaintiff's Exhibit 6A, #8 Plaintiff's Exhibit 7, #9 Plaintiff's Exhibit 7A, #10 Plaintiff's Exhibit 8, #11 Plaintiff's Exhibit 8A, #12 Plaintiff's Exhibit 9, #13 Plaintiff's Exhibit 9A, #14 Plaintiff's Exhibit 10, #15 Plaintiff's Exhibit 11, #16 Plaintiff's Exhibit 12, #17 Plaintiff's Exhibit 13, #18 Plaintiff's Exhibit 14, #19 Plaintiff's Exhibit 15, #20 Plaintiff's Exhibit 16, #21 Plaintiff's Exhibit 17, #22 Plaintiff's Exhibit 18, #23 Plaintiff's Exhibit 19, #24 Plaintiff's Exhibit 20, #25 Plaintiff's Exhibit 21, #26 Plaintiff's Exhibit 22, #27 Plaintiff's Exhibit 23, #28 Plaintiff's Exhibit 24, #29 Plaintiff's Exhibit 25, #30 Plaintiff's Exhibit 26, #31 Plaintiff's Exhibit 27, #32 Plaintiff's Exhibit 28, #33 Plaintiff's Exhibit 29 (not given to jury), #34 Defendant's Exhibit 1, #35 Defendant's Exhibit 2, #36 Defendant's Exhibit 3, #37 Defendant's Exhibit 4, #38 Defendant's Exhibit 5, #39 Defendant's Exhibit 6, #40 Defendant's Exhibit 7, #41 Defendant's Exhibit 8, #42 Defendant's Exhibit 9, #43 Defendant's Exhibit 10, #44 Defendant's Exhibit 11, #45 Defendant's Exhibit 12, #46 Defendant's Exhibit 13, #47 Defendant's Exhibit 14, #48 Defendant's Exhibit 15, #49 Defendant's Exhibit 16, #50 Defendant's Exhibit 17, #51 Defendant's Exhibit 18, #52 Defendant's Exhibit 19, #53 Defendant's Exhibit 20, #54 Defendant's Exhibit 21, #55 Defendant's Exhibit 22, #56 Defendant's Exhibit 23, #57 Defendant's Exhibit 24, #58 Defendant's Exhibit 25, #59 Defendant's Exhibit 26, Part 1, #60 Defendant's Exhibit 26, Part 2, #61 Defendant's Exhibit 26, Part 3, #62 Defendant's Exhibit 26, Part 4, #63 Defendant's Exhibit 26, Part 5, #64 Defendant's Exhibit 27, Part 1, #65 Defendant's Exhibit 27, Part 2, #66 Defendant's Exhibit 27, Part 3, #67 Defendant's Exhibit 27, Part 4, #68 Defendant's Exhibit 28, #69 Defendant's Exhibit 29, #70 Defendant's Exhibit 30, #71 Defendant's Exhibit 31, #72 Defendant's Exhibit 32) (jsa) (Modified on 11/4/2016 to replace image for attachment #72) (mkw). |
Filing 84 WITNESS LIST from jury trial held 11/1/2016 to 11/3/2016. (jsa) |
Filing 83 APPEARANCES and JURY SEATING ARRANGEMENT from trial held 11/1/2016 to 11/3/2016. (jsa) |
Filing 82 JURY NOTES from trial held 11/1/2016 to 11/3/2016. (jsa) |
Filing 81 TRANSMITTED CERTIFIED COPY of #80 Judgment Order to counsel of record. (jsa) |
Filing 80 JUDGMENT ORDER directing that the verdict form be filed and that judgment be entered in favor of Defendant on Plaintiff's claims and a verdict in favor of Plaintiff on Defendant's counterclaim in accordance with the verdict form. Signed by Judge Robert C. Chambers on 11/3/2016. (cc: counsel of record) (jsa) |
Filing 79 JURY TRIAL - COMPLETED (LAST DAY) held by Judge Robert C. Chambers on 11/3/2016; Court Reporter: Teresa Ruffner. (trj) |
Filing 78 HEARING ON ORAL MOTION NOT FILED BUT MADE IN OPEN COURT held by Judge Robert C. Chambers on 11/2/2016; Court Reporter: Teresa Ruffner. (trj) |
Filing 77 HEARING OUT OF JURY PRESENCE held by Judge Robert C. Chambers on 11/2/2016; Court Reporter: Teresa Ruffner. (trj) |
Filing 76 JURY TRIAL - HELD (Second day) held by Judge Robert C. Chambers on 11/2/2016; Court Reporter: Teresa Ruffner. (trj) |
Filing 75 JURY STRIKE SHEET. (mkw) |
Filing 74 HEARING OUT OF JURY PRESENCE held by Judge Robert C. Chambers on 11/1/2016; Court Reporter: Teresa Ruffner. (trj) |
Filing 73 JURY TRIAL - BEGUN (FIRST DAY) held by Judge Robert C. Chambers on 11/1/2016; Court Reporter: Teresa Ruffner. (trj) |
Filing 72 VOIR DIRE HEARING held by Judge Robert C. Chambers on 11/1/2016; Court Reporter: Teresa Ruffner. (trj) |
Filing 71 ORDER directing that all parties may obtain copies of jury questionnaires for all persons who may serve as petit jurors in this case; further directing the parties to dispose of the disclosed questionnaires upon completion of trial. Signed by Judge Robert C. Chambers on 10/31/2016. (cc: counsel of record; any unrepresented parties) (jsa) |
Filing 70 FINAL SETTLEMENT CONFERENCE held by Judge Robert C. Chambers on 10/31/2016; Court Reporter: Teresa Ruffner. (trj) |
Filing 69 REPLY by Charlie Spears to #67 Memorandum In Support of #66 Response In Opposition. (Ward, Matthew) |
Filing 68 CERTIFICATE OF SERVICE filed by Charlie Spears for Defendant's Additional Proposed Jury Instructions and Amended Proposed Verdict Form (Ward, Matthew) |
Filing 67 MEMORANDUM OF LAW by James Thompson in support of #66 Response In Opposition (McQueen, James) |
Filing 66 RESPONSE by James Thompson in opposition to #64 MOTION by Charlie Spears to Exclude Testimony from Ron Long or James Hughes. (McQueen, James) |
Filing 65 PROPOSED ORDER Granting Defendant's Motion to Exclude Testimony From Ron Long or James Hughes by Charlie Spears (Ward, Matthew) |
Filing 64 MOTION by Charlie Spears to Exclude Testimony from Ron Long or James Hughes and Memorandum of Law in Support. (Ward, Matthew) |
Filing 63 MEMORANDUM OPINION AND ORDER granting in part and denying in part #29 MOTION by Charlie Spears for Summary Judgment on Plaintiff's Claims and his #39 MOTION in Limine to Preclude Plaintiff From Offering Certain Testimony and/or Witnesses During Trial; granting #38 MOTION by Charlie Spears in Limine to Preclude Plaintiff From Offering Testimony Regarding Alleged Damages Which are Speculative in Nature. Signed by Judge Robert C. Chambers on 10/26/2016. (cc: attys; any unrepresented parties) (mkw) |
Filing 62 CERTIFICATE OF SERVICE filed by Charlie Spears for Defendant's Proposed Jury Instructions and Proposed Verdict Form (Ward, Matthew) |
Filing 61 CERTIFICATE OF SERVICE filed by James Thompson for Verdict Form (McQueen, James) |
Filing 60 CERTIFICATE OF SERVICE filed by James Thompson for Plaintiff's Proposed Jury Instructions (McQueen, James) |
Filing 59 RETURN OF SERVICE ON SUBPOENA for Wendy Spears. (McQueen, James) |
Filing 58 RETURN OF SERVICE ON SUBPOENA for Ron Long. (McQueen, James) |
Filing 57 RETURN OF SERVICE ON SUBPOENA for James Hughes. (McQueen, James) |
Filing 56 RETURN OF SERVICE ON SUBPOENA for Rick Gifford. (McQueen, James) |
Filing 55 RETURN OF SERVICE ON SUBPOENA for Kenny Cogan. (McQueen, James) |
Filing 54 RETURN OF SERVICE ON SUBPOENA for Brenton Boggs. (McQueen, James) |
Filing 53 TELEPHONE CONFERENCE held by Judge Robert C. Chambers on 10/25/2016; Court Reporter: not reported. (trj) |
Filing 52 NOTICE OF APPEARANCE by James D. McQueen, Jr. and Anthony E. Nortz on behalf of James Thompson. (McQueen, James) |
Filing 51 NOTICE of Intent to Serve Subpoena Duces Tecum (Wendy Spears) by James Thompson (Attachment: #1 Exhibit 1 - Subpoena)(McQueen, James) |
Filing 50 REPLY by Charlie Spears to #45 Response In Opposition. (Ward, Matthew) (Modified on 10/18/2016 to convert event to reply to response and to correct link to #45 response) (skh). |
Filing 49 REPLY by Charlie Spears to #43 Response In Opposition. (Ward, Matthew) (Modified on 10/18/2016 to convert event to reply to response and to correct link to #43 response) (skh). |
Filing 48 TRANSCRIPT OF PROCEEDINGS of Excerpt of Pretrial Conference held on October 17, 2016, before Judge Robert C. Chambers. Court Reporter Terry Ruffner, Telephone number 304-528-7583. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due 10/28/2016. Redaction Request due 11/8/2016. Redacted Transcript Deadline set for 11/18/2016. Release of Transcript Restriction set for 1/17/2017. (tmr) |
Filing 47 PRETRIAL CONFERENCE held by Judge Robert C. Chambers on 10/17/2016; Court Reporter: Teresa Ruffner. (trj) |
Filing 46 MEMORANDUM by James Thompson in support of #45 Response In Opposition. (Attachment: #1 Exhibit A)(McQueen, James) (Modified on 10/15/2016 to convert event to memorandum in support and to correct link to #45 response) (skh). |
Filing 45 RESPONSE by James Thompson in opposition to #38 MOTION by Charlie Spears in Limine to Preclude Plaintiff From Offering Testimony Regarding Alleged Damages Which are Speculative in Nature (McQueen, James) |
Filing 44 MEMORANDUM by James Thompson in support of #43 Response In Opposition. (McQueen, James) (Modified on 10/14/2016 to convert event to memorandum in support and to correct link to #43 response) (skh). |
Filing 43 RESPONSE by James Thompson in opposition to #39 MOTION by Charlie Spears in Limine to Preclude Plaintiff From Offering Certain Testimony And/Or Witnesses During Trial (McQueen, James) |
Filing 42 PROPOSED JOINT PRETRIAL ORDER by Charlie Spears, James Thompson (Attachment: #1 Exhibits A-B)(Ward, Matthew) (Modified on 10/11/2016 to add party filer)(skh). |
Filing 41 PROPOSED ORDER re: #39 MOTION by Charlie Spears in Limine to Preclude Plaintiff From Offering Certain Testimony And/Or Witnesses During Trial by Charlie Spears (Ward, Matthew) |
Filing 40 PROPOSED ORDER re: #38 MOTION by Charlie Spears in Limine to Preclude Plaintiff From Offering Testimony Regarding Alleged Damages Which are Speculative in Nature by Charlie Spears (Ward, Matthew) |
Filing 39 MOTION by Charlie Spears in Limine to Preclude Plaintiff From Offering Certain Testimony And/Or Witnesses During Trial (Ward, Matthew) |
Filing 38 MOTION by Charlie Spears in Limine to Preclude Plaintiff From Offering Testimony Regarding Alleged Damages Which are Speculative in Nature (Ward, Matthew) |
Filing 37 CERTIFICATE OF SERVICE filed by James Thompson for Plaintiff's Portion of the Integrated Pre-Trial Order (McQueen, James) |
Filing 36 REPLY by Charlie Spears to #32 Memorandum In Support of #31 Response In Opposition. (Attachments: #1 Exhibits A-P, #2 Certificate of Service)(Ward, Matthew) |
Filing 35 ORDER EXTENDING TIME TO REPLY granting Defendant's #34 MOTION to Extend Time to Reply to #31 Response in Opposition to Defendant's #29 Motion for Summary Judgment; directing that the deadline for Defendant's reply is extended to 10/5/2016; further directing that the deadline for Plaintiff to provide his portion of the pretrial order is extended until 10/6/2016. Signed by Judge Robert C. Chambers on 9/30/2016. (cc: counsel of record; any unrepresented parties) (jsa) |
Filing 34 MOTION by Charlie Spears to Extend Time to Reply to #31 Response In Opposition, #32 Memorandum in Support of Response in Opposition to October 5, 2016 (Attachment: #1 Proposed Order Extending Time to Reply)(Ward, Matthew) (Modified on 9/29/2016 to add links to #31 response and #32 memorandum) (skh). |
Filing 33 NOTICE of Explanation of Late Filing by James Thompson re: #32 Memorandum In Support of Response In Opposition (McQueen, James) |
Filing 32 MEMORANDUM by James Thompson in support of Response in opposition to #29 MOTION by Charlie Spears for Summary Judgment on Plaintiff's Claims (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 4 continued, #6 Exhibit 4 continued, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 9 continued, #13 Exhibit 10, #14 Exhibit 10 continued, #15 Exhibit 11, #16 Exhibit 12, #17 Exhibit 13, #18 Exhibit 14, #19 Exhibit 15)(McQueen, James) |
Filing 31 RESPONSE by James Thompson in opposition to #29 MOTION by Charlie Spears for Summary Judgment on Plaintiff's Claims (McQueen, James) |
Filing 30 MEMORANDUM OF LAW by Charlie Spears in support of #29 MOTION by Charlie Spears for Summary Judgment on Plaintiff's Claims (Ward, Matthew) |
Filing 29 MOTION by Charlie Spears for Summary Judgment on Plaintiff's Claims (Attachments: #1 Exhibits A-P, #2 Proposed Order)(Ward, Matthew) |
Filing 28 ORDER granting Defendant's #23 MOTION to Amend Portions of #10 Scheduling Order; directing that the deadline for dispositive motions is 9/9/2016; all other dates and schedules established by the #10 Scheduling Order shall remain as previously scheduled by the Court. Signed by Judge Robert C. Chambers on 9/1/2016. (cc: counsel of record; any unrepresented parties) (jsa) |
Filing 27 PROPOSED ORDER Agreed Order granting Defendant's Motion to Amend Portions of the Scheduling Order by James Thompson, Charlie Spears (McQueen, James) (Modified on 9/1/2016 to add party filer) (skh). |
Filing 26 RESPONSE by James Thompson in opposition to #23 MOTION by Charlie Spears to Amend Portions of #10 Scheduling Order (Attachment: #1 Proposed Order)(McQueen, James) |
Filing 25 ORDER denying as moot Defendant's #22 MOTION to Compel Inspection of Equipment; granting the oral motion of the parties to extend time for Plaintiff to respond to Defendant's #23 Motion to Amend Portions of Scheduling Order; directing Plaintiff to Respond on or before 8/31/2016. Signed by Judge Robert C. Chambers on 8/24/2016. (cc: counsel of record; any unrepresented parties) (jsa) |
SET DEADLINE as to #23 MOTION by Charlie Spears to Amend Portions of #10 Scheduling Order; Response due by 8/31/2016. (jsa) |
Filing 24 ORDER re: #22 MOTION by Charlie Spears to Compel Inspection of Equipment and #23 MOTION by Charlie Spears to Amend Portions of #10 Scheduling Order; directing Plaintiff to file Responses to the motions by 8/26/2016. Signed by Judge Robert C. Chambers on 8/22/2016. (cc: attys; any unrepresented parties) (mkw) |
SET DEADLINE as to #22 MOTION by Charlie Spears to Compel Inspection of Equipment and #23 MOTION by Charlie Spears to Amend Portions of #10 Scheduling Order; Responses due by 8/26/2016. (mkw) |
Filing 23 MOTION by Charlie Spears to Amend Portions of #10 Scheduling Order (Attachment: #1 Proposed Order)(Ward, Matthew) |
Filing 22 MOTION by Charlie Spears to Compel Inspection of Equipment (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Proposed Order)(Ward, Matthew) |
Filing 21 NOTICE TO TAKE DEPOSITION by Charlie Spears of Rick Gifford on August 5, 2016 at After Thompson (Ward, Matthew) |
Filing 20 NOTICE TO TAKE DEPOSITION by Charlie Spears of James Thompson on August 5, 2016 at 9:00 am (Ward, Matthew) |
Filing 19 NOTICE TO TAKE DEPOSITION by James Thompson of Charlie Spears on August 5, 2016 at the conclusion of Plaintiff's deposition on the same date (McQueen, James) |
Filing 18 CERTIFICATE OF SERVICE filed by Charlie Spears for Defendant's Responses to Plaintiff's First Set of Request for Admissions, Interrogatories and Request for the Production of Documents (Ward, Matthew) |
Filing 17 AGREED ORDER directing that the deadline for completion of depositions will be extended to 8/15/2016 and that the deadline for Dispositive Motions will be extended to 9/5/2016; all other dates and schedules established by the #10 Scheduling Order entered by the Court on 1/20/2016 shall remain as previously scheduled. Signed by Judge Robert C. Chambers on 6/23/2016. (cc: counsel of record; any unrepresented parties) (jsa) |
Filing 16 PROPOSED ORDER Agreed Order Modifying Scheduling Order by Charlie Spears, James Thompson (Ward, Matthew) (Modified on 6/22/2016 to add party filer) (skh). |
Filing 15 CERTIFICATE OF SERVICE filed by James Thompson for Plaintiff's First Set of Requests for Admissions, Interrogatories and Request for Production of Documents (McQueen, James) |
Filing 14 CERTIFICATE OF SERVICE filed by James Thompson for Plaintiff's Answers and Responses to Defendant's First Set of Requests for Admissions, Interrogatories and Request for Production of Documents (McQueen, James) |
Filing 13 CERTIFICATE OF SERVICE filed by Charlie Spears for Defendant's First Set of Requests for Admissions, Interrogatories and Requests for Production of Documents to be Served on Plaintiff (Ward, Matthew) |
Filing 12 CERTIFICATE OF SERVICE by Charlie Spears for Rule 26(a)(1) Initial Disclosures. (Konrad, Daniel) |
Filing 11 CERTIFICATE OF SERVICE by James Thompson for Rule 26(a)(1) Initial Disclosures. (McQueen, James) |
Filing 10 SCHEDULING ORDER: Joinder of Parties, amended pleadings due by 3/1/2016. Discovery requests to be completed by 5/16/2016 and all depositions by 6/30/2016. Expert Witness List by parties bearing the burden of proof due by 4/1/2016, by party not bearing burden of proof due by 5/31/2016, and to solely contradict or rebut evidence due by 6/20/2016. Dispositive Motions except those filed under Rule 12(b) due by 7/18/2016; any response shall be filed within 14 days of the filing of the motion, with replies due within 7 days of the filing of the response. Settlement Meeting and Rule 26(a)(3) disclosures by 9/26/2016. Plaintiff's portion of proposed Pretrial Order to defendants due by 10/3/2016; Proposed Integrated Pretrial Order due by 10/11/2016. Pretrial Conference set for 10/17/2016 at 10:30 AM in Huntington before Judge Robert C. Chambers. Proposed Jury Charge due by 10/25/2016. Final Settlement Conference at 9:30 AM on 10/31/2016 in Huntington. Trial set for 11/1/2016 at 8:30 AM in Huntington before Judge Robert C. Chambers. The Court further CANCELS the scheduling conference set for 2/1/2016. Signed by Judge Robert C. Chambers on 1/20/2016. (cc: counsel of record; any unrepresented parties) (jsa) |
Filing 9 RULE 26(f) REPORT OF PLANNING MEETING by James Thompson, Charlie Spears. (McQueen, James) (Modified on 1/19/2016 to add party filer) (skh). |
Filing 8 REPLY by James Thompson to #6 Counterclaim. (McQueen, James) |
Filing 7 ORDER AND NOTICE: Rule 12(b) Motions 12/30/2015. Rule 26(f) Meeting 1/11/2016. Last day to file report of Rule 26(f) Meeting 1/19/2016. Scheduling/status Conference at 11:30 AM on 2/1/2016 in Huntington. Entry of Scheduling Order 2/2/2016. Last Day to make Rule 26(a)(1) disclosures 2/16/2016. Signed by Judge Robert C. Chambers on 12/10/2015. (cc: attys; any unrepresented parties) (mkw) |
Filing 6 ANSWER TO #1 Complaint by Charlie Spears and COUNTERCLAIM by Defendant Charlie Spears against Plaintiff James Thompson. (Attachment: #1 Civil Cover Sheet)(Ward, Matthew) |
Filing 5 JOINT STIPULATION TO EXTEND TIMEFRAME FOR DEFENDANTS' RESPONSE to #1 Complaint to 11/30/2015 by Charlie Spears, James Thompson (Konrad, Daniel) (Modified on 11/16/2015 to add party filer) (skh). |
Filing 4 SUMMONS RETURNED EXECUTED by Personal Service for Charlie Spears, re: #1 Complaint. Charlie Spears served on 8/21/2015, answer due 9/11/2015. (McQueen, James) (Additional attachment added on 8/27/2015: #1 Summons) (mkw). (Modified on 8/27/2015 to remove link to #2 summons, correct the name of the person served and to add a copy of the summons as an attachment) (mkw). |
NOTICE OF DOCKET CORRECTION re: #3 STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED MAY 7, 2014. Error: Incorrect image attached. Correction: Replaced incorrect image with correct image. (mkw) |
Filing 3 STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED MAY 7, 2014. Discovery referred to Magistrate Judge Eifert. (cc:attys; any unrepresented party) (jsa) (Modified on 8/24/2015 to replace image) (mkw). |
Filing 2 ELECTRONIC SUMMONS ISSUED as to Charlie Spears, re: #1 Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (jsa) |
Filing 1 COMPLAINT. Filing Fee $400.00. Receipt # 0425-4081784. (Attachment: #1 Civil Cover Sheet) (jsa) |
CASE assigned to Judge Robert C. Chambers. (ras) |
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Counter defendant: James Thompson | |
Represented By: | Ralph Joseph Hagy |
Represented By: | Anthony E. Nortz |
Represented By: | James D. McQueen, Jr. |
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Counter claimant: Charlie Spears | |
Represented By: | Daniel J. Konrad |
Represented By: | Matthew L. Ward |
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