Amastal et al v. Altawhid Food Supply Inc. et al
| New York Eastern District Court | |
| Judge: | Steven M Gold |
| Referred: | Steven M Gold |
| Case #: | 1:17-cv-02381 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 29:201 Denial of Overtime Compensation |
| Case Filed: | Apr 21, 2017 |
| Terminated: | Apr 03, 2018 |
| Last checked: Wednesday Oct 18, 2017 5:18 AM EDT |
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Defendant
Mohamed Abouelenein
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Represented By
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Defendant
Altawhid Food Supply Inc.
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Represented By
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Defendant
Ahmed Elsaka
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Represented By
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Defendant
Abdelbaset Elsayed
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Represented By
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Mediator
Patrick M. McKenna
McKenna & Schneier 10 Adair Court
New York, NY 11565 |
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Plaintiff
Victor Xochimitl Amastal
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Represented By
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Plaintiff
Jorge Alberto Flores Rodriguez
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Represented By
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| Docket last updated: 04/23/2024 11:59 PM EDT |
| Tuesday, April 03, 2018 | ||
| 23 | 23
misc
Settlement Agreement
Tue 04/03 11:09 AM
SETTLEMENT AGREEMENT Revised Per Court's Directions and Executed by Victor Xochimitl Amastal, Jorge Alberto Flores Rodriguez (Androphy, Joshua) |
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Att: 1
Letter Accompanying Settlement Agreement
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order
Order(Other)
Tue 04/03 1:04 PM
ORDER re23 Settlement Agreement filed by Jorge Alberto Flores Rodriguez, Victor Xochimitl Amastal: Having reviewed the first version of the settlement agreement submitted as docket entry 21, and having conducted a telephone conference on March 20, 2018 at which the Court expressed concerns about the agreement, and having reviewed the revised settlement agreement submitted as docket entry 23 and noting that the Court's concerns have been addressed, I now find that "the agreement reflects a reasonable compromise of disputed issues [rather] than a mere waiver of statutory rights brought about by an employer's overreaching." Le v. SITA Information Networking Computing, USA, Inc., 2008 WL 724155 (E.D.N.Y. Mar. 13, 2008)(internal quotations and citation omitted). See also Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015). The settlement is therefore approved, the case is dismissed with prejudice, and the Clerk is respectfully requested to close the case. Ordered by Magistrate Judge Steven M. Gold on 4/3/2018. (Gold, Steven) |
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order
~Util - Terminate Civil Case
Tue 04/03 1:50 PM
Civil Case Terminated. (Gillespie, Saudia) |
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| Tuesday, March 20, 2018 | ||
| 22 | 22
minutes
Telephone Conference
Tue 03/20 4:59 PM
Minute Entry: Telephone Conference held on 3/20/2018 before Magistrate Judge Steven M. Gold. Androphy for plaintiffs, Levin for defendants. The parties will submit a revised settlement agreement that (1) contains a narrower release provision, limited to wage and hour claims; (2) states the respective dollar amounts that each plaintiff will receive in settlement; and (3) reduces fees and costs from $35,000 to $27,000 and allocates the $8000 difference to the plaintiffs in appropriate shares. THE REVISED AGREEMENT SHALL BE SUBMITTED BY APRIL 3, 2018. (FTR Log #10:31-10:47.) (Gillespie, Saudia) |
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| Friday, March 09, 2018 | ||
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order
Scheduling Order
Fri 03/09 9:29 AM
SCHEDULING ORDER: A telephone conference will be held at 10:30 a.m. on March 20, 2018 before the undersigned. Counsel for all parties must participate. Counsel shall be prepared to address docket entry21 settlement agreement. Counsel for plaintiff is directed to arrange the call with all parties as well as immediately confirm this conference date and time with defendants' counsel. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge Steven M. Gold on 3/9/2018. (Gillespie, Saudia) |
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| Thursday, March 08, 2018 | ||
| 21 | 21
misc
Settlement Agreement
Thu 03/08 11:58 AM
SETTLEMENT AGREEMENT and Request for Approval of Settlement Agreement as Fair by Victor Xochimitl Amastal, Jorge Alberto Flores Rodriguez (Faillace, Michael) |
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Att: 1
Exhibit A: Settlement Agreement,
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Att: 2
Exhibit B: Attorneys' Billing Records
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| Friday, February 09, 2018 | ||
| 20 | 20
misc
Consent to Jurisdiction by US Magistrate Judge
Fri 02/09 3:56 PM
CONSENT to Jurisdiction by US Magistrate Judge Case reassigned to Magistrate Judge Steven M. Gold for all further proceedings. Judge Edward R. Korman no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Ramesar, Thameera) |
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| Thursday, February 08, 2018 | ||
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utility
Case No Longer Referred
Fri 02/09 3:55 PM
Case no longer referred to Magistrate Judge Steven M. Gold. (Ramesar, Thameera) |
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| Wednesday, February 07, 2018 | ||
| 19 | 19
misc
Consent to Jurisdiction by US Magistrate Judge
Wed 02/07 1:48 PM
CONSENT to Jurisdiction by US Magistrate Judge by Mohamed Abouelenein, Altawhid Food Supply Inc., Ahmed Elsaka, Abdelbaset Elsayed. (Salimbene, Melissa) |
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| Tuesday, February 06, 2018 | ||
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order
Order(Other) 1 - Terminate Hearings ~Util - Set Deadlines
Tue 02/06 3:11 PM
ORDER: In light of the settlement, all conferences previously scheduled are cancelled. Counsel shall file a motion for approval as required by Cheeks v. Freeport Pancake House, Inc. , 796 F.3d 199 (2d Cir. 2015), by March 8, 2018. The parties are encouraged to consider whether they will consent to reassignment of this case to the undersigned Magistrate Judge for all purposes. Ordered by Magistrate Judge Steven M. Gold on 2/6/2018. (Gillespie, Saudia) |
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| Friday, February 02, 2018 | ||
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adr
Report of Mediation(Settled/Unsettled)
Fri 02/02 3:22 PM
REPORT of Mediation settled. Both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be e-mailed to Robyn Weinstein at Robyn_Weinstein@nyed.uscourts.gov within two weeks following mediation session.Mediation Report Questionnaires due by 2/16/2018. (Weinstein, Robyn) |
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| Thursday, January 11, 2018 | ||
| 18 | 18
motion
Extension of Time to Complete Discovery
Thu 01/11 9:39 AM
Letter MOTION for Extension of Time to Complete Discovery (Second Joint Request for Extension of the Discovery Deadline and the Parties' First Request for an Extension of the Status Conference) by Mohamed Abouelenein, Altawhid Food Supply Inc., Ahmed Elsaka, Abdelbaset Elsayed. (Salimbene, Melissa) |
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order
Order on Motion for Extension of Time to Complete Discovery
Thu 01/11 12:54 PM
ORDER: Granting18 Motion for Extension of Time to Complete Discovery and Adjourn Conference. The time to complete fact discovery is extended to March 2, 2018. The status conference previously scheduled for February 2, 2018 is adjourned to March 7, 2018 at 11:00 AM in Courtroom 13D South before the undersigned. Ordered by Magistrate Judge Steven M. Gold on 1/11/2018. (Gillespie, Saudia) |
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| Thursday, November 09, 2017 | ||
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adr
Report of Mediation(Settled/Unsettled)
Thu 11/09 3:18 PM
REPORT of Mediation unsettled. Both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be e-mailed to Robyn Weinstein at Robyn_Weinstein@nyed.uscourts.gov within two weeks following mediation session.Mediation Report Questionnaires due by 11/23/2017. (Weinstein, Robyn) |
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order
Scheduling Order
Thu 11/09 4:22 PM
SCHEDULING ORDER: An in-person status conference will be held at 11:00 a.m. on February 2, 2018 before the undersigned in Courtroom 13-D South. Counsel for all parties must attend. Counsel for plaintiff is directed to immediately confirm this conference date and time with defendant's counsel. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge Steven M. Gold on 11/9/2017. (Gillespie, Saudia) |
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| Tuesday, October 31, 2017 | ||
| 17 | 17
motion
Extension of Time to Complete Discovery
Tue 10/31 2:50 PM
Letter MOTION for Extension of Time to Complete Discovery by Victor Xochimitl Amastal, Jorge Alberto Flores Rodriguez. (Androphy, Joshua) |
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order
Order on Motion for Extension of Time to Complete Discovery
Tue 10/31 4:24 PM
ORDER: Granting17 Motion for Extension of Time to Complete Discovery. The time to complete fact discovery is extended to January 31, 2018. Ordered by Magistrate Judge Steven M. Gold on 10/31/2017. (Gillespie, Saudia) |
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| Thursday, September 28, 2017 | ||
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adr
Selection of Mediator
Thu 09/28 3:03 PM
SELECTION OF MEDIATOR Patrick M. McKenna selected as Mediator. The first mediation session will take place on October 18, 2017 at 10:00am. Fourteen days on or before the session date, counsel shall file with the Mediator their client's mediation statement summarizing the facts, legal issues, particulars of any prior settlement discussions, and the name and title of the client or client representative with full settlement authority who will attend the mediation in person. Attendance in person is required of the trial attorney, insurance adjuster, and client or client representative with full settlement authority. The Confidentiality Stipulation must be signed at the mediation session by all participants and the Mediator and returned to Robyn Weinstein, ADR Administrator, Robyn_Weinstein@nyed.uscourts.gov or fax (718) 613-2333. Contact information for the Mediator is on the docket sheet. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be e-mailed to Robyn Weinstein at Robyn_Weinstein@nyed.uscourts.gov within two weeks following mediation session.Report of Mediation due by 11/1/2017. (Weinstein, Robyn) |
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| Monday, July 24, 2017 | ||
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adr
Mediation Instructions
Mon 07/24 4:02 PM
MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms. Counsel are to select a mediator, schedule the first mediation session, and file the name of the mediator, date, time and place of the first mediation session via CM/ECF using the event Selection of Mediator. For a list of the EDNY Mediators and their qualifications, see the Court's website at https://www.nyed.uscourts.gov/adr/Mediation/displayAll.cfm. EDNY Mediators are compensated in accordance with EDNY Local Civil Rule 83.8(f)(1)[formerly EDNY Local Civil Rule 83.11(f)(1)]. The Confidentiality Stipulation must be signed at the mediation session by all participants, including the mediator, and sent via email to Robyn_Weinstein@nyed.uscourts.gov. The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be e-mailed to Robyn Weinstein at Robyn_Weinstein@nyed.uscourts.gov within two weeks following mediation session. (Weinstein, Robyn) |
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| Friday, July 21, 2017 | ||
| 16 | 16
minutes
Initial Conference Hearing ~Util - Case Referred to Mediation
Mon 07/24 3:37 PM
Minute Entry: Initial Conference Hearing held on 7/21/2017 before Magistrate Judge Steven M. Gold. Androphy for plaintiffs, Salimbene for defendants. The case management schedule proposed by the parties, calling for fact discovery to be completed by November 17, 2017, is approved. The parties shall exchange all relevant documents no later than September 15, 2017. THIS CASE IS REFERRED TO COURT-ANNEXED MEDIATION BY THE COURT'S FLSA PANEL WITH MEDIATION TO BE SCHEDULED ON OR AFTER OCTOBER 1, 2017. (Gillespie, Saudia) |
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| Thursday, June 22, 2017 | ||
| 15 | 15
misc
Corporate Disclosure Statement
Thu 06/22 4:46 PM
Corporate Disclosure Statement by Mohamed Abouelenein, Altawhid Food Supply Inc., Ahmed Elsaka, Abdelbaset Elsayed (Salimbene, Melissa) |
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| 14 | 14
answer
Answer to Complaint
Thu 06/22 4:43 PM
ANSWER to1 Complaint, by Mohamed Abouelenein, Altawhid Food Supply Inc., Ahmed Elsaka, Abdelbaset Elsayed. (Salimbene, Melissa) |
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| Tuesday, June 13, 2017 | ||
| 13 | 13
notice
Notice of Appearance
Tue 06/13 1:30 PM
NOTICE of Appearance by Joshua S. Androphy on behalf of Victor Xochimitl Amastal, Jorge Alberto Flores Rodriguez (aty to be noticed) (Androphy, Joshua) |
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| Friday, June 09, 2017 | ||
| 12 | 12
order
Scheduling Order
Fri 06/09 11:04 AM
SCHEDULING ORDER: An in-person initial conference will be held at 10:00 a.m. on July 21, 2017 before the undersigned in Courtroom 13-D South. Counsel for all parties must attend. Counsel for plaintiff is directed to immediately confirm this conference date and time with defendant's counsel. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge Steven M. Gold on 6/9/2017. (Gillespie, Saudia) |
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Att: 1
Chambers Individual Rules
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| Friday, June 02, 2017 | ||
| 11 | 11
notice
Notice of Appearance
Fri 06/02 11:29 AM
NOTICE of Appearance by Ilana Sarah Levin on behalf of All Defendants (aty to be noticed) (Levin, Ilana) |
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| Wednesday, May 31, 2017 | ||
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order
Order on Motion for Extension of Time to Answer
Wed 05/31 10:12 AM
ORDER granting10 Motion for Extension of Time to Answer All Defendants.. Ordered by Judge Edward R. Korman on 5/31/2017. (Susi, PaulaMarie) |
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| Tuesday, May 30, 2017 | ||
| 10 | 10
motion
Extension of Time to File Answer
Tue 05/30 3:50 PM
Letter MOTION for Extension of Time to File Answer re1 Complaint, by Mohamed Abouelenein, Altawhid Food Supply Inc., Ahmed Elsaka, Abdelbaset Elsayed. (Salimbene, Melissa) |
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| 9 | 9
notice
Notice of Appearance
Tue 05/30 3:43 PM
NOTICE of Appearance by Melissa A Salimbene on behalf of Mohamed Abouelenein, Altawhid Food Supply Inc., Ahmed Elsaka, Abdelbaset Elsayed (aty to be noticed) (Salimbene, Melissa) |
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| Thursday, May 18, 2017 | ||
| 8 | 8
service
Summons Returned Executed
Thu 05/18 10:16 AM
SUMMONS Returned Executed by Victor Xochimitl Amastal, Jorge Alberto Flores Rodriguez. Altawhid Food Supply Inc. served on 5/9/2017, answer due 5/30/2017. (Faillace, Michael) |
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| Wednesday, May 17, 2017 | ||
| 7 | 7
service
Summons Returned Executed
Wed 05/17 4:02 PM
SUMMONS Returned Executed by Victor Xochimitl Amastal, Jorge Alberto Flores Rodriguez. Mohamed Abouelenein served on 4/11/2017, answer due 5/2/2017. (Faillace, Michael) |
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| 6 | 6
service
Summons Returned Executed
Wed 05/17 3:59 PM
SUMMONS Returned Executed by Victor Xochimitl Amastal, Jorge Alberto Flores Rodriguez. Ahmed Elsaka served on 4/11/2017, answer due 5/2/2017. (Faillace, Michael) |
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| 5 | 5
service
Summons Returned Executed
Wed 05/17 3:54 PM
SUMMONS Returned Executed by Victor Xochimitl Amastal, Jorge Alberto Flores Rodriguez. Abdelbaset Elsayed served on 4/11/2017, answer due 5/2/2017. (Faillace, Michael) |
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| Friday, April 21, 2017 | ||
| 4 | 4
misc
Quality Control Check - Attorney Case Opening
Fri 04/21 12:59 PM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
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| 3 | 3
misc
Clerks Notice of Rule 73
Fri 04/21 12:58 PM
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:[LINK:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf] . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
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| 2 | 2
service
Summons Issued
Fri 04/21 12:58 PM
Summons Issued as to All Defendants. (Bowens, Priscilla) |
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| 1 | 1
cmp
Complaint
Fri 04/21 10:48 AM
COMPLAINT against Mohamed Abouelenein, Altawhid Food Supply Inc., Ahmed Elsaka, Abdelbaset Elsayed filing fee $ 400, receipt number 0207-9466739 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Victor Xochimitl Amastal, Jorge Alberto Flores Rodriguez. (Faillace, Michael) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Proposed Summons,
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Att: 3
Proposed Summons,
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Att: 4
Proposed Summons,
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Att: 5
Proposed Summons
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utility
Case Assigned/Reassigned
Fri 04/21 12:40 PM
Case assigned to Judge Edward R. Korman and Magistrate Judge Steven M. Gold. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) |
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