Dyroff v. Experience Project, et al
| California Northern District Court | |
| Judge: | Laurel Beeler |
| Case #: | 3:17-cv-05359 |
| Nature of Suit | 360 Torts - Personal Injury - Other Personal Injury |
| Cause | 28:1441 Petition for Removal- Wrongful Death |
| Case Filed: | Sep 15, 2017 |
| Terminated: | Jan 19, 2018 |
| Last checked: Wednesday Mar 14, 2018 1:44 AM PDT |
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Defendant
The Ultimate Software Group, Inc.
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Represented By
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Plaintiff
Kristanalea Dyroff
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Represented By
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| TERMINATED PARTIES | |
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Defendant
Experience Project
Terminated: 10/17/2017
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Defendant
Kanjoya, Inc.
Terminated: 10/17/2017
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GPO
Nov 26 2017
ORDER granting 10 Motion to Dismiss.In the attached order, the court grants the motion to dismiss and dismisses the complaint without prejudice and with leave to amend. The plaintiff must file any amended complaint within 21 days. To the extent that this order affects anyone's holiday plans, the court asks the parties to stipulate to a reasonable schedule that avoids any conflict. (Beeler, Laurel) (Filed on 11/26/2017) |
| Docket last updated: 3 hours ago |
| Monday, May 18, 2020 | ||
| 41 | 41
1
pgs
appeal
ORDER of United States Supreme Court
Wed 05/20 4:26 PM
ORDER of United States Supreme Court "The Court today entered the following order in the above-entitled case: The petition for a writ of certiorari is denied." (msrS, COURT STAFF) |
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| Tuesday, January 07, 2020 | ||
| 40 | 40
appeal
Appeal Remark
Tue 01/07 1:24 PM
Supreme Court of the United States Letter to United States Court of Appeals for the Ninth Circuit dated 1/6/20: The petition for a writ of certiorari in the above entitled case was filed on January 2, 2020 and placed on the docket January 6, 2020 as No. 19-849. (fabS, COURT STAFF) |
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| Tuesday, November 19, 2019 | ||
| 39 | 39
appeal
Appeal Remark
Tue 11/19 9:14 AM
Supreme Court of the United States Letter to United States Court of Appeals for the Ninth Circuit dated 11/12/19: The application for an extension of time within which to file a petition for a writ of certiorari in the above-entitled case has been presented to Justice Kagan, who on November 12, 2019, extended the time to and including January 2, 2020. (fabS, COURT STAFF) |
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| Wednesday, September 11, 2019 | ||
| 38 | 38
appeal
USCA Mandate
Wed 09/11 11:51 AM
MANDATE of USCA as to34 Notice of Appeal filed by Kristanalea Dyroff (fabS, COURT STAFF) |
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| Thursday, August 22, 2019 | ||
| 37 | 37
appeal
USCA Order
Thu 08/22 9:00 AM
USCA OPINION (fabS, COURT STAFF) |
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| Monday, March 05, 2018 | ||
| 36 | 36
appeal
Transcript Designation Form
Mon 03/05 9:03 AM
Transcript Designation Form for proceedings held on 11/02/2017 before Judge Laurel Beeler, (Slade, David) (Filed on 3/5/2018) |
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| Tuesday, February 13, 2018 | ||
| 35 | 35
appeal
USCA Case Number
Tue 02/13 12:25 PM
USCA Case Number 18-15175 9th Circuit for34 Notice of Appeal filed by Kristanalea Dyroff. (fabS, COURT STAFF) (Filed on 2/13/2018) |
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| Friday, February 02, 2018 | ||
| 34 | 34
appeal
Notice of Appeal
Fri 02/02 9:33 AM
NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Kristanalea Dyroff. (Appeal fee of $505 receipt number 0971-12079066 paid.) (Slade, David) (Filed on 2/2/2018) |
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| Thursday, February 01, 2018 | ||
| 33 | 33
adr
ADR Remark
Thu 02/01 3:09 PM
ADR Remark: The ADR Phone Conference scheduled on February 8, 2018, at 10:30 AM Pacific time is off calendar. (cmf, COURT STAFF) (Filed on 2/1/2018) (This is a text-only entry generated by the court. There is no document associated with this entry.) |
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| Friday, January 19, 2018 | ||
| 32 | 32
order
Judgment
Mon 01/22 11:27 AM
JUDGMENT Signed by Judge Laurel Beeler on 01/19/2018. (ejkS, COURT STAFF) (Filed on 1/19/2018) |
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| 31 | 31
notice
Notice (Other)
Fri 01/19 12:09 PM
NOTICE by Kristanalea Dyroff of Intent Not to File an Amended Complaint (Slade, David) (Filed on 1/19/2018) |
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| Monday, December 11, 2017 | ||
| 30 | 30
misc
Stipulation without Proposed Order
Mon 12/11 9:00 AM
STIPULATION of Extension of Time to File Amended Complaint filed by Kristanalea Dyroff. (Slade, David) (Filed on 12/11/2017) |
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| Friday, December 08, 2017 | ||
| 29 | 29
adr
ADR Remark
Fri 12/08 8:48 AM
ADR Remark: The ADR Phone Conference set for December 11, 2017, has been RESCHEDULED to February 8, 2018, at 10:30 AM Pacific time. The call-in information remains the same. (af, COURT STAFF) (Filed on 12/8/2017) (This is a text-only entry generated by the court. There is no document associated with this entry.) |
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| Tuesday, December 05, 2017 | ||
| 28 | 28
misc
Transcript
Tue 12/05 7:30 AM
Transcript of Proceedings held on 11/02/2017, before Magistrate Judge Laurel Beeler. Court Reporter/Transcriber Leo T. Mankiewicz, CSR, RMR, CRR, telephone number (415) 722-7045; email: leomank@gmail.com. FTR 11:24 a.m. - 11:57 a.m. = 33 minutes. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Redaction Request due 12/26/2017. Redacted Transcript Deadline set for 1/5/2018. Release of Transcript Restriction set for 3/5/2018. (Mankiewicz, Leo) (Filed on 12/5/2017) |
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| Sunday, November 26, 2017 | ||
| 27 | 27
26
pgs
order
Order on Motion to Dismiss
Sun 11/26 5:45 PM
ORDER granting 10 Motion to Dismiss. In the attached order, the court grants the motion to dismiss and dismisses the complaint without prejudice and with leave to amend. The plaintiff must file any amended complaint within 21 days. To the extent that this order affects anyone's holiday plans, the court asks the parties to stipulate to a reasonable schedule that avoids any conflict. (Beeler, Laurel) (Filed on 11/26/2017) |
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order
1 - Terminate Hearings ~Util - Set Hearings
Sun 11/26 5:47 PM
Initial Case Management Conference set for 2/15/2018 11:00 AM in Courtroom C, 15th Floor, San Francisco. In light of the court's dismissal of the complaint, the court continues the initial case-management conference. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Beeler, Laurel) (Filed on 11/26/2017) |
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| Monday, November 20, 2017 | ||
| 26 | 26
adr
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options
Mon 11/20 1:40 PM
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options ADR CERTIFICATION BY PARTIES AND COUNSEL (Russo, David) (Filed on 11/20/2017) |
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| 25 | 25
adr
ADR Clerk's Notice Setting ADR Phone Conference
Mon 11/20 9:09 AM
ADR Clerk's Notice Setting ADR Phone Conference on December 11, 2017 at 11:00 AM Pacific time. Please note that you must be logged into an ECF account of counsel of record in order to view this document. (cmf, COURT STAFF) (Filed on 11/20/2017) |
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| Friday, November 17, 2017 | ||
| 24 | 24
adr
Notice of Need for ADR Phone Conference (ADR L.R. 3-5 d)
Fri 11/17 11:24 AM
NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) NOTICE OF NEED FOR ADR PHONE CONFERENCE (Russo, David) (Filed on 11/17/2017) |
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| 23 | 23
adr
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options
Fri 11/17 7:25 AM
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Slade, David) (Filed on 11/17/2017) |
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| Tuesday, November 07, 2017 | ||
| 22 | 22
misc
Transcript Order
Tue 11/07 9:07 AM
TRANSCRIPT ORDER for proceedings held on 11/02/2017 before Magistrate Judge Laurel Beeler by Kristanalea Dyroff, for Court Reporter FTR - San Francisco. (Slade, David) (Filed on 11/7/2017) |
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| Monday, November 06, 2017 | ||
| 21 | 21
misc
Transcript Order
Mon 11/06 12:35 PM
TRANSCRIPT ORDER for proceedings held on 11/02/2017 before Magistrate Judge Laurel Beeler by The Ultimate Software Group, Inc., for Court Reporter FTR - San Francisco. (Russo, David) (Filed on 11/6/2017) |
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| Thursday, November 02, 2017 | ||
| 20 | 20
minutes
Motion Hearing
Thu 11/02 12:20 PM
Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Motion Hearing held on 11/2/2017 re 10 and 13 Motions to Dismiss. Motions are taken under submission. Court will issue order. FTR Time: 11:24-11:57. Plaintiff's Attorneys: David Slade and Mary Liu. Defendants' Attorneys: David Russo and Justin Kim. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Date Filed: 11/2/2017) |
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| Thursday, October 26, 2017 | ||
| 19 | 19
oth_sup
Statement of Recent Decision
Thu 10/26 2:55 PM
STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d STATEMENT OF RECENT DECISION filed byThe Ultimate Software Group, Inc.. (Russo, David) (Filed on 10/26/2017) |
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Att: 1
Exhibit 1, RECENT DECISION
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| Tuesday, October 17, 2017 | ||
| 18 | 18
misc
Stipulation without Proposed Order
Tue 10/17 12:26 PM
STIPULATION re 17 Order,,,, STIPULATION AND NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE OF DEFENDANTS EXPERIENCE PROJECT AND KANJOYA, INC. filed by The Ultimate Software Group, Inc.. (Russo, David) (Filed on 10/17/2017) |
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| Saturday, October 14, 2017 | ||
| 17 | 17
order
Order
Sat 10/14 6:55 PM
ORDER REGARDING PARTIES AND CONSENT. There is a pending motion to dismiss. The docket reflects two non-appearing defendants: Experience Project and Kanjoya, Inc. The court's quick look at the docket reveals that the plaintiff served Ultimate Software and Kanjoya, and then Ultimate removed the case. The Notice of Removal references that Experience Project is a website acquired by Ultimate Software. And Kanjoya is a wholly owned subsidiary. For these reasons, the court thinks that the docket sheet probably should not reflect Experience and Kanjoya as stand-alone parties, which means that they can be terminated as parties. The only reason this matters is that the court needs consent from all parties to address the pending motion to dismiss. The court asks the parties to confer on Monday, October 16, 2017, and file a short joint statement that day (if possible) about whether they agree with the court's assessment or whether they suggest a different approach. (Beeler, Laurel) (Filed on 10/14/2017) |
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| Friday, October 13, 2017 | ||
| 16 | 16
respm
Reply to Opposition/Response
Fri 10/13 2:02 PM
REPLY DEFENDANT THE ULTIMATE SOFTWARE GROUP, INC.S REPLY IN SUPPORT OF MOTION TO DISMISS COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6) filed byThe Ultimate Software Group, Inc.. (Russo, David) (Filed on 10/13/2017) |
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| Friday, October 06, 2017 | ||
| 15 | 15
respm
Opposition/Response to Motion
Fri 10/06 2:53 PM
OPPOSITION/RESPONSE filed byKristanalea Dyroff.(Slade, David) (Filed on 10/6/2017) |
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Att: 1
Proposed Order
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| Tuesday, September 26, 2017 | ||
| 14 | 14
misc
Consent/Declination to Proceed Before a US Magistrate Judge
Tue 09/26 2:45 PM
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Kristanalea Dyroff.. (Slade, David) (Filed on 9/26/2017) |
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| Friday, September 22, 2017 | ||
| 13 | 13
motion
Dismiss
Fri 09/22 3:21 PM
MOTION to Dismiss DEFENDANT, THE ULTIMATE SOFTWARE GROUP, INC.S NOTICE OF MOTION AND MOTION TO DISMISS COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6) filed by The Ultimate Software Group, Inc.. Motion Hearing set for 11/2/2017 09:30 AM in Courtroom C, 15th Floor, San Francisco before Laurel Beeler. Responses due by 10/6/2017. Replies due by 10/13/2017.(Russo, David) (Filed on 9/22/2017) |
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Att: 1
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF,
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Att: 2
Proposed Order PROPOSED ORDER GRANTING MOTION TO DISMISS COMPLAINT
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| 12 | 12
notice
Certificate of Interested Entities
Fri 09/22 3:08 PM
Certificate of Interested Entities by The Ultimate Software Group, Inc. identifying Corporate Parent The Ultimate Software Group, Inc. for The Ultimate Software Group, Inc.. DEFENDANT THE ULTIMATE SOFTWARE GROUP, INC.'S CERTIFICATE OF INTERESTED PARTIES (Russo, David) (Filed on 9/22/2017) |
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| 11 | 11
misc
Consent/Declination to Proceed Before a US Magistrate Judge
Fri 09/22 3:05 PM
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by The Ultimate Software Group, Inc... (Russo, David) (Filed on 9/22/2017) |
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| 10 | 10
motion
Dismiss
Fri 09/22 2:52 PM
MOTION to Dismiss JOINDER OF DEFENDANT THE ULTIMATE SOFTWARE GROUP, INC. AS SUCCESSOR-IN-INTEREST TO KANJOYA, INC. IN THE MOTION BY THE ULTIMATE SOFTWARE GROUP, INC. TO DISMISS COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6) filed by The Ultimate Software Group, Inc.. Motion Hearing set for 11/2/2017 09:30 AM in Courtroom C, 15th Floor, San Francisco before Laurel Beeler. Responses due by 10/6/2017. Replies due by 10/13/2017. (Moura, John) (Filed on 9/22/2017) |
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| Wednesday, September 20, 2017 | ||
| 9 | 9
1
pgs
order
Order on Motion for Pro Hac Vice
Wed 09/20 2:52 PM
Order by Magistrate Judge Laurel Beeler granting 6 Motion for Pro Hac Vice. David F. Slade representing Plaintiff. (afmS, COURT STAFF) (Filed on 9/20/2017) |
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| 8 | 8
service
Certificate/Proof of Service
Wed 09/20 9:28 AM
CERTIFICATE OF SERVICE by The Ultimate Software Group, Inc. CERTIFICATE OF SERVICE OF ORDER SETTING INITIAL CASE MANAGEMENT CONFERENCE AND ADR DEADLINES, STANDING ORDER, ET AL. (Russo, David) (Filed on 9/20/2017) |
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| Tuesday, September 19, 2017 | ||
| 7 | 7
order
Initial Case Management Scheduling Order with ADR Deadlines
Tue 09/19 9:00 AM
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/7/2017. Initial Case Management Conference set for 12/14/2017 11:00 AM in Courtroom C, 15th Floor, San Francisco. (farS, COURT STAFF) (Filed on 9/19/2017) |
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| 6 | 6
motion
Pro Hac Vice
Tue 09/19 8:37 AM
MOTION for leave to appear in Pro Hac Vice David Slade ( Filing fee $ 310, receipt number 0971-11727683.) filed by Kristanalea Dyroff.(Slade, David) (Filed on 9/19/2017) |
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Att: 1
Certificate of Good Standing
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| 5 | 5
notice
Notice of Appearance
Tue 09/19 7:54 AM
NOTICE of Appearance by Sin-Ting Mary Liu (Liu, Sin-Ting) (Filed on 9/19/2017) |
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| Monday, September 18, 2017 | ||
| 4 | 4
service
Certificate/Proof of Service
Mon 09/18 2:37 PM
CERTIFICATE OF SERVICE by The Ultimate Software Group, Inc. re1 Notice of Removal, CERTIFICATE OF SERVICE OF DEFENDANT THE ULTIMATE SOFTWARE GROUP, INC.S NOTICE TO ADVERSE PARTY OF REMOVAL TO FEDERAL COURT(Russo, David) (Filed on 9/18/2017) |
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Att: 1
Exhibit 1 - Notice of Adverse Party of Removal of Action to Federal Court,
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Att: 2
Exhibit 2 - File & ServExpress Transaction Receipt
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| Friday, September 15, 2017 | ||
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utility
~Util - Case Assigned by Intake
Fri 09/15 3:35 PM
Case assigned to Magistrate Judge Laurel Beeler. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 9/29/2017. (haS, COURT STAFF) (Filed on 9/15/2017) |
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| 2 | 2
misc
Civil Cover Sheet
Fri 09/15 3:23 PM
Civil Cover Sheet by The Ultimate Software Group, Inc. CIVIL COVER SHEET . (Russo, David) (Filed on 9/15/2017) |
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| 1 | 1
cmp
Notice of Removal
Fri 09/15 3:13 PM
NOTICE OF REMOVAL DEFENDANT THE ULTIMATE SOFTWARE GROUP, INC.'S NOTICE OF REMOVAL OF ACTION UNDER 28 U.S.C. SECTION 1441(B) (DIVERSITY) from San Francisco County Superior Court. Their case number is CGC-17-560775. (Filing fee $400 receipt number 0971-11720928). Filed byThe Ultimate Software Group, Inc..(Russo, David) (Filed on 9/15/2017) |
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Att: 1
58 pgs
Exhibit A - Complaint,
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Att: 2
Exhibit B - Summons
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