Lopez v. Kapos Auto Inc et al
| New York Eastern District Court | |
| Judge: | James R Cho |
| Referred: | James R Cho |
| Case #: | 1:21-cv-00145 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 15:2(a) Fair Labor Standards Act |
| Case Filed: | Jan 11, 2021 |
| Terminated: | Jan 19, 2022 |
| Last checked: Saturday Jul 10, 2021 6:58 AM EDT |
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Defendant
Marcelo Caldaras
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Represented By
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Defendant
Marius Caldaras
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Represented By
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Defendant
Kapos Auto Inc
80-50 Cypress Ave
Ridgewood, NY 11385 |
Represented By
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Mediator
Raymond Nardo
Law Office of Raymond Nardo 129 Third Street
Mineola, NY 11501 |
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Plaintiff
Santos Paulino Lopez
208 Nichols Ave
Brooklyn, NY 11208 |
Represented By
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| Docket last updated: 13 minutes ago |
| Wednesday, January 19, 2022 | ||
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order
Order Dismissing Case
Wed 01/19 10:31 AM
ORDER DISMISSING CASE: The Stipulation of Dismissal filed as DE23 is hereby approved and entered as an Order of the Court. The Clerk of Court is respectfully directed to close this case. Ordered by Magistrate Judge James R. Cho on 1/19/2022. (Gillespie-Cardo, Saudia) |
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| Tuesday, January 18, 2022 | ||
| 23 | 23
1
pgs
misc
Stipulation of Dismissal
Tue 01/18 10:51 PM
STIPULATION of Dismissal by Santos Paulino Lopez (Taubenfeld, Michael) |
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| Friday, January 14, 2022 | ||
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order
Order on Motion to Approve Consent Judgment ~Util - Set Deadlines
Fri 01/14 12:32 PM
ORDER: Having reviewed the proposed Settlement Agreement19 , addendum22 and related submissions, this Court finds, pursuant to Cheeks v. Freeport Pancake House, Inc. , 796 F.3d 199 (2d Cir. 2015), that the settlement amount and payment plan are fair and reasonable, the mutual release is appropriate in this context, and the attorneys' fees are reasonable. See Wolinsky v. Scholastic Inc. , 900 F. Supp. 2d 332, 335-36 (S.D.N.Y. 2012). Accordingly, the Motion for Settlement19 is granted and the Settlement Agreement as amended22 is approved. The parties shall file a Stipulation of Dismissal or status report no later than 2/14/2022 . Ordered by Magistrate Judge James R. Cho on 1/14/2022. (Gillespie-Cardo, Saudia) |
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| Thursday, January 13, 2022 | ||
| 22 | 22
misc
Letter
Thu 01/13 5:18 PM
Letter Advising the Court that the Parties Have Agreed to a Mutual Release by Santos Paulino Lopez (Taubenfeld, Michael) |
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| Wednesday, January 12, 2022 | ||
| 21 | 21
1
pgs
misc
Consent to Jurisdiction by US Magistrate Judge
Wed 01/12 3:47 PM
CONSENT to Jurisdiction by US Magistrate Judge. Case reassigned to Magistrate Judge James R. Cho for all further proceedings. Judge William F. Kuntz, II 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. (Herrera, Isaiah) |
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| 20 | 20
1
pgs
misc
Consent to Jurisdiction by US Magistrate Judge
Wed 01/12 12:19 PM
CONSENT to Jurisdiction by US Magistrate Judge by Santos Paulino Lopez. (Taubenfeld, Michael) |
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minutes
Fairness Conference ~Util - Set Deadlines
Wed 01/12 12:50 PM
Minute Entry: Telephonic Cheeks/Fairness Hearing re plaintiff's motion for settlement approval (Dkt. 19) held on 1/12/2022 before Magistrate Judge James R. Cho. Appearances by Michael Taubenfeld for plaintiff and Stephen Hans for defendants. Settlement agreement discussed, including the release language. Parties to file a joint status report by 1/14/2022 addressing the issue identified by the Court. (AT&T Conference Bridge.) (Gillespie-Cardo, Saudia) |
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utility
Case No Longer Referred
Wed 01/12 3:46 PM
Case no longer referred to Magistrate Judge James R. Cho. (Herrera, Isaiah) |
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| Tuesday, December 14, 2021 | ||
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order
Order(Other) ~Util - Set Hearings
Tue 12/14 5:18 PM
ORDER: A Telephonic Cheeks Fairness Hearing is set for January 12, 2022 at 12:00 p.m. before Magistrate Judge James R. Cho. Counsel for plaintiff is directed to immediately confirm this conference date and time with defendants' counsel. The parties are directed to call toll free (888) 808-6929 and use access code 1065334 . In order to streamline the Cheeks review process, the parties are encouraged to file an executed[LINK:AO 85 Consent Form] . Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge James R. Cho on 12/14/2021. (Gillespie-Cardo, Saudia) |
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| Monday, December 13, 2021 | ||
| 19 | 19
30+
pgs
motion
Approve Consent Judgment
Mon 12/13 7:51 PM
MOTION to Approve Consent Judgment Cheeks Approval by Santos Paulino Lopez. (Taubenfeld, Michael) |
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| Wednesday, December 08, 2021 | ||
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order
Order on Motion for Extension of Time to File
Wed 12/08 2:55 PM
ORDER granting18 Motion for Extension of Time to File. The time for the parties to file their Cheeks submissions (including plaintiff's counsel's retainer agreement, time, and expense records) is extended to December 13, 2021 . Ordered by Magistrate Judge James R. Cho on 12/8/2021. (Gillespie-Cardo, Saudia) |
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| Tuesday, December 07, 2021 | ||
| 18 | 18
motion
Extension of Time to File Document
Tue 12/07 5:58 PM
MOTION for Extension of Time to File Motion for Cheeks Approval by Santos Paulino Lopez. (Taubenfeld, Michael) |
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| Tuesday, November 30, 2021 | ||
| 17 | 17
motion
Extension of Time to File Document
Tue 11/30 10:34 AM
MOTION for Extension of Time to File Settlement Agreement by Santos Paulino Lopez. (Taubenfeld, Michael) |
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order
Order on Motion for Extension of Time to File
Tue 11/30 12:02 PM
ORDER granting17 Motion for Extension of Time to File. The time for the parties to file their Cheeks submissions (including plaintiff's counsel's retainer agreement, time, and expense records) is extended to December 6, 2021 . Ordered by Magistrate Judge James R. Cho on 11/30/2021. (Gillespie-Cardo, Saudia) |
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| Tuesday, November 23, 2021 | ||
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order
Order on Motion for Extension of Time to File ~Util - Set Deadlines
Tue 11/23 11:52 AM
ORDER granting16 Motion for Extension of Time to File. The time for the parties to file their Cheeks submissions (including plaintiff's counsel's retainer agreement, time, and expense records) is extended to November 29, 2021. Ordered by Magistrate Judge James R. Cho on 11/23/2021. (Gillespie-Cardo, Saudia) |
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| Monday, November 22, 2021 | ||
| 16 | 16
motion
Extension of Time to File Document
Mon 11/22 5:09 PM
MOTION for Extension of Time to File Settlement Agreement by Santos Paulino Lopez. (Taubenfeld, Michael) |
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| Thursday, November 18, 2021 | ||
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order
Order on Motion for Extension of Time to File ~Util - Set Deadlines
Thu 11/18 3:10 PM
ORDER granting15 Motion for Extension of Time to File. The time for the parties to file their Cheeks submissions (including plaintiff's counsel's retainer agreement, time, and expense records) is extended to November 22, 2021 . Ordered by Magistrate Judge James R. Cho on 11/18/2021. (Gillespie-Cardo, Saudia) |
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| Monday, November 15, 2021 | ||
| 15 | 15
motion
Extension of Time to File Document
Mon 11/15 4:24 PM
MOTION for Extension of Time to File Settlement Agreement by Santos Paulino Lopez. (Taubenfeld, Michael) |
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| Friday, October 29, 2021 | ||
| 14 | 14
motion
Extension of Time to File Document
Fri 10/29 4:07 PM
MOTION for Extension of Time to File by Marcelo Caldaras, Marius Caldaras, Kapos Auto Inc. (Hans, Stephen) |
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order
Order on Motion for Extension of Time to File
Fri 10/29 8:34 PM
ORDER granting14 Motion for Extension of Time to File. The time for the parties to file their Cheeks submissions (including plaintiff's counsel's retainer agreement, time, and expense records) is extended to November 15, 2021 . Ordered by Magistrate Judge James R. Cho on 10/29/2021. (Gillespie, Saudia) |
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| Friday, October 08, 2021 | ||
| 13 | 13
motion
Extension of Time to File Document
Fri 10/08 2:36 PM
MOTION for Extension of Time to File to submit Settlement Agreement by Marcelo Caldaras, Marius Caldaras, Kapos Auto Inc. (Hans, Stephen) |
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order
Order on Motion for Extension of Time to File ~Util - Set Deadlines
Fri 10/08 4:15 PM
ORDER granting13 Motion for Extension of Time to File. The time for the parties to file their Cheeks submissions (including plaintiff's counsel's retainer agreement, time, and expense records) is extended to October 29, 2021. Ordered by Magistrate Judge James R. Cho on 10/8/2021. (Gillespie, Saudia) |
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| Thursday, September 09, 2021 | ||
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adr
Report of Mediation(Settled/Unsettled)
Thu 09/09 2:10 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 nyed_adr@nyed.uscourts.gov within two weeks following mediation session.Mediation Report due by 9/23/2021. (Weinstein, Robyn) |
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order
Status Report Order
Thu 09/09 10:44 PM
STATUS REPORT ORDER: The Court is pleased to learn that the parties have agreed to settle, and thanks the mediator for facilitating the resolution of this case. The parties are directed to file their Cheeks submissions (including plaintiff's counsel's retainer agreement, time, and expense records) by October 11, 2021. In order to streamline the Cheeks review process, the parties are encouraged to promptly file an executed[LINK:AO 85 Consent Form] . Ordered by Magistrate Judge James R. Cho on 9/9/2021. (Gillespie, Saudia) |
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| Tuesday, July 06, 2021 | ||
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adr
Selection of Mediator
Tue 07/06 3:37 PM
SELECTION OF MEDIATOR: Raymond Nardo selected as Mediator. The first mediation session will take place on August 10, 2021 at 1:00 pm via Zoom. 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 via e-mail nyed_adr@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 nyed_adr@nyed.uscourts.gov within two weeks following mediation session. Report of Mediation due by 8/24/2021. (Priftakis, Tina) |
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| Wednesday, May 12, 2021 | ||
| 12 | 12
minutes
Initial Conference Hearing ~Util - Case Referred to Mediation ~Util - Set Deadlines
Wed 05/12 5:24 PM
Minute Entry: Initial Conference Hearing held on 5/12/2021 before Magistrate Judge James R. Cho. Michael Taubenfeld appeared for plaintiff; Stephen Hans appeared for defendants. Pursuant to the parties' request, this case is referred to the EDNY's Court-annexed mediation program. Within 45 days from the date of this Order, the parties shall file a status report notifying the Court as to the date of the scheduled mediation. The parties shall complete mediation within 90 days from the date of this Order. Exchange of limited discovery to facilitate settlement discussed on the record. See attached Order for additional details and deadlines. (AT&T Conference Bridge.) (Gillespie, Saudia) |
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adr
Mediation Instructions
Wed 05/12 6:07 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 nyed_adr@nyed.uscourts.gov within two weeks following mediation session. (Priftakis, Tina) |
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| Tuesday, May 11, 2021 | ||
| 11 | 11
misc
Proposed Scheduling Order
Tue 05/11 3:09 PM
Proposed Scheduling Order by Marcelo Caldaras, Marius Caldaras, Kapos Auto Inc (Hans, Stephen) |
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| Wednesday, April 28, 2021 | ||
| 10 | 10
order
Scheduling Order
Wed 04/28 2:13 PM
SCHEDULING ORDER: A Telephonic Initial Conference is set for 5/12/2021 at 4:30 PM before Magistrate Judge James R. Cho. Counsel for all parties must participate. Counsel for plaintiff is directed to immediately confirm this conference date and time with defendant's counsel. Counsel are directed to complete the attached Proposed Scheduling Order and electronically file same with the Court no later than 5/10/2021. Each party is directed to call toll free (888) 808-6929 and use access code 1065334. The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge James R. Cho on 4/28/2021. (Hazelwood, John) |
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Att: 1
Proposed Order
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| Wednesday, April 21, 2021 | ||
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utility
Case Assigned/Reassigned
Wed 04/21 1:38 PM
Case Reassigned to Magistrate Judge James R. Cho. Chief Magistrate Cheryl L. Pollak no longer assigned to the 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. (Mahoney, Brenna) |
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| Wednesday, April 14, 2021 | ||
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order
1 - Terminate Hearings
Wed 04/14 9:13 AM
ELECTRONIC ORDER: The Initial Conference before Chief Magistrate Cheryl L. Pollak has been adjourned sine die . So Ordered by Chief Magistrate Cheryl L. Pollak on 4/14/2021. (Bayer, Sarah) |
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| Tuesday, March 16, 2021 | ||
| 9 | 9
answer
Answer to Complaint
Tue 03/16 10:32 AM
ANSWER to2 Complaint by All Defendants. (Hans, Stephen) |
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| 8 | 8
notice
Notice of Appearance
Tue 03/16 9:50 AM
NOTICE of Appearance by Stephen D. Hans on behalf of All Defendants (aty to be noticed) (Hans, Stephen) |
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order
Scheduling Order
Tue 03/16 10:45 AM
SCHEDULING ORDER: An Initial Conference is set for 4/29/2021 @ 2:15 PM before Chief Magistrate Cheryl L. Pollak. Initial conference will proceed via AT&T conference call. Please dial 877-336-1839 at 2:15 PM. Enter Access code: 380-1746 and security code: 21-0145 So Ordered by Chief Magistrate Cheryl L. Pollak on 3/16/2021. (Caggiano, Diana) |
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| Monday, February 01, 2021 | ||
| 7 | 7
misc
Quality Control Check - Attorney Case Opening
Mon 02/01 10:05 AM
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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| 6 | 6
misc
Clerks Notice of Rule 73
Mon 02/01 9:47 AM
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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| 5 | 5
service
Summons Issued
Mon 02/01 9:46 AM
Summons Issued as to All Defendants. (Bowens, Priscilla) |
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| Friday, January 29, 2021 | ||
| 4 | 4
misc
Proposed Summons/Civil Cover Sheet
Fri 01/29 12:59 PM
Proposed Summons. by Santos Paulino Lopez (Taubenfeld, Michael) |
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| 3 | 3
misc
Proposed Summons/Civil Cover Sheet
Fri 01/29 12:57 PM
Civil Cover Sheet.. by Santos Paulino Lopez (Taubenfeld, Michael) |
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| 2 | 2
cmp
Complaint
Fri 01/29 12:51 PM
COMPLAINT Santos Paulino Lopez against Marcelo Caldaras, Marius Caldaras, Kapos Auto Inc filing fee $ 402, receipt number ANYEDC-14070472, filed by Santos Paulino Lopez. (Taubenfeld, Michael) |
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utility
Case Assigned/Reassigned
Mon 02/01 9:37 AM
Case Assigned to Judge William F. Kuntz, II and Chief Magistrate Cheryl L. Pollak. 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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| Thursday, January 21, 2021 | ||
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utility
Incorrect Case-Document Information
Thu 01/21 2:41 PM
Incorrect Case/Document/Entry Information. The Clerks Office is awaiting the filing of the Complaint and Civil Cover Sheet in order for the case to be processed. (Bowens, Priscilla) |
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| Monday, January 11, 2021 | ||
| 1 | 1
misc
Proposed Summons/Civil Cover Sheet
Mon 01/11 7:48 PM
Proposed Summons. by Santos Paulino Lopez (Taubenfeld, Michael) |
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