American Family Mutual Insurance Company, S.I. v. BUCKLEY et al
| Indiana Northern District Court | |
| Judge: | Joseph S Van Bokkelen |
| Referred: | Joshua P Kolar |
| Case #: | 2:21-cv-00123 |
| Nature of Suit | 110 Contract - Insurance |
| Cause | 28:1332 Diversity-Insurance Contract |
| Case Filed: | Apr 12, 2021 |
| Terminated: | Aug 22, 2022 |
| Last checked: Saturday Oct 09, 2021 6:44 AM EDT |
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Defendant
Dawn Buckley
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Represented By
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Defendant
William Buckley
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Represented By
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Defendant
Down Syndrome Association of Northwest Indiana, Inc.
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Represented By
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Plaintiff
American Family Mutual Insurance Company, S.I.
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Represented By
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| Docket last updated: 1 hours ago |
| Monday, August 22, 2022 | ||
| 42 | 42
misc
Clerks Judgment
Mon 08/22 12:58 PM
CLERK'S ENTRY OF JUDGMENT. (shk) |
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| 41 | 41
1
pgs
order
Order ~Util - Terminate Motions Terminate Civil Case
Mon 08/22 12:49 PM
ORDER: The Court hereby GRANTS the Motion to Dismiss Declaratory Judgment39 and the Motion to Amend Motion to Dismiss Declaratory Judgment40 . This action is DISMISSED WITH PREJUDICE. Signed by Judge Joseph S Van Bokkelen on 8/22/2022. (shk) |
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| Friday, July 29, 2022 | ||
| 40 | 40
motion
Amend/Correct
Fri 07/29 10:06 AM
MOTION to Amend/Correct39 MOTION to Dismiss Declaratory Judgment with Prejudice by Plaintiff American Family Mutual Insurance Company, S.I..(O'Dell, Robert) |
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Att: 1
Proposed Order
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| 39 | 39
motion
Dismiss
Fri 07/29 9:06 AM
MOTION to Dismiss Declaratory Judgment by Plaintiff American Family Mutual Insurance Company, S.I..(O'Dell, Robert) |
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Att: 1
Proposed Order
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| Tuesday, April 26, 2022 | ||
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minutes
Status Conference ~Util - Set/Clear Flags ~Util - Set/Reset Rule 16 Preliminary Pretrial Conference Deadlines
Tue 04/26 11:45 AM
TELEPHONIC STATUS CONFERENCE held on 4/26/2022, before Magistrate Judge Joshua P Kolar. Pla appeared by atty Robert O'Dell. Dft appeared by atty Andrew Shupp, Clifford Robinson. The stay on discovery is LIFTED. The Report filed as DE37 is ADOPTED as follows: Initial Disclosures to be exchanged by 6/1/2022. Non-expert witness discovery and discovery relating to liability issues to be completed by 2/1/2023. Expert witness discovery and discovery relating to damages to be completed by 4/1/2023. All remaining discovery to be completed by 7/1/2023. Plaintiff expert witness disclosures and reports to be delivered to the defendant by 12/1/2022. Defendant expert witness disclosures and reports to be delivered to the plaintiff by 1/2/2023. The last date to seek leave of court to join additional parties and to amend the pleadings for Pltf is 9/1/2022; for Dfts is 9/15/2022. Richard McDevitt appointed as mediator. Results of the mediation shall be filed with the court no later than 10 days before the final pretrial conference. All other dates/ddls to be set by presiding judge at a later time. (Tape #ATT HOST 1.) (tc) |
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| Tuesday, April 19, 2022 | ||
| 37 | 37
misc
Report of Rule 26f Planning Meeting
Tue 04/19 1:48 PM
REPORT of Rule 26(f) Planning Meeting. (Shupp, Andrew) |
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| Wednesday, March 30, 2022 | ||
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order
Order ~Util - Set Hearings
Wed 03/30 3:50 PM
MINUTE ORDER: Telephonic Status Conference set for 4/26/2022 09:00 AM (Central time) before Magistrate Judge Joshua P Kolar. Parties are instructed to dial 877-336-1280 and enter access code 3293676# when prompted to join the conference. A proposed Discovery Plan to be filed no later than five (5) business days prior to the conference. By Magistrate Judge Joshua P Kolar on 3/30/2022. Text entry order. (tc) |
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| Tuesday, March 29, 2022 | ||
| 35 | 35
13
pgs
order
Opinion and Order ~Util - Terminate Motions
Tue 03/29 10:22 AM
OPINION AND ORDER GRANTING IN PART and DENYING IN PART22 MOTION for Judgment on the Pleadings and Rule 12(B)(1) Mtn to Dismiss filed by William Buckley, Dawn Buckley. The motion is GRANTED as to the duty to defend William Buckley and as to the duty to indemnify. The motion is DENIED as to the duty to defend Dawn Buckley. The Court DECLARES that American Family Insurance Company has the duty to defend William Buckley against DSA's complaint. The Court DISMISSES without prejudice the request for judgment declaring that American Family has no duty to indemnify the Buckleys in the underlying litigation because the claim is unripe. Signed by Judge Joseph S Van Bokkelen on 3/29/22. (ksp) |
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| Friday, November 12, 2021 | ||
| 34 | 34
notice
Notice of Appearance
Fri 11/12 1:52 PM
NOTICE of Appearance by Clifford M Robinson on behalf of Down Syndrome Association of Northwest Indiana, Inc. (Robinson, Clifford) |
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| Thursday, August 05, 2021 | ||
| 33 | 33
minutes
1 - Terminate Hearings
Thu 08/05 4:28 PM
TELEPHONIC STATUS CONFERENCE held on 8/5/2021, before Magistrate Judge Joshua P Kolar. Pla appeared by atty Robert O'Dell. Dfts appeared by attys Kimberly Peil, Andrew Shupp, Mark Pizur. Arguments heard as to request to stay discovery pending resolution of the [DE 22] Rule 12(C) Motion for Judgment on the Pleadings and Rule 12(B)(1) Motion to Dismiss. The Court STAYS discovery pending a ruling on the Motion to Dismiss. Parties granted leave to seek reconsideration of this ruling upon a meet and confer as to specific discovery requested and a filing of the case law cited during today's conference. (Tape #ATT HOST.) (tc) |
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| Monday, August 02, 2021 | ||
| 32 | 32
order
Order ~Util - Set Hearings
Mon 08/02 4:05 PM
MINUTE ORDER: On the Court's own motion, the Telephonic Status Conference set for 8/3/2021 is RESET to 8/5/2021 09:00 AM (Central time) before Magistrate Judge Joshua P Kolar. Parties are instructed to dial 877-336-1280 and enter access code 3293676# when prompted to join the conference. Approved by Magistrate Judge Joshua P Kolar on 8/2/2021. Text entry order. (tc) |
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| Monday, June 28, 2021 | ||
| 31 | 31
respm
Reply to Response to Motion
Mon 06/28 2:44 PM
REPLY to Response to Motion re22 MOTION for Judgment on the Pleadings and Rule 12(B)(1) Mtn to Dismiss filed by Dawn Buckley, William Buckley. (Shupp, Andrew) |
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| Wednesday, June 23, 2021 | ||
| 30 | 30
minutes
1 - Terminate Hearings Status Conference ~Util - Set Deadlines/Hearings
Wed 06/23 5:29 PM
SCHEDULED AS RULE 16 PRELIMINARY PRETRIAL CONFERENCE on 6/23/2021, before Magistrate Judge Joshua P Kolar. Pla appeared by atty Robert O'Dell. Dfts appeared by attys Kimberly Peil, Andrew Shupp, Mark Pizur. Discussion held as to possibility of exchange of narrow subset of documents to allow for a settlement conference. By agreement, hearing to be held regarding a stay of discovery pending resolution of dispositive motion for judgment on the pleadings. Telephonic Status Conference set for 8/3/2021 10:00 AM (Central time) in US District Court - Hammond before Magistrate Judge Joshua P Kolar. Parties are instructed to dial 877-336-1280 and enter access code 3293676# when prompted to join the conference. Magistrate Consent forms due by 7/14/2021. (Tape #ATT HOST.) (tc) |
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| Monday, June 21, 2021 | ||
| 29 | 29
respm
Brief in Opposition
Mon 06/21 9:31 AM
BRIEF in Opposition to22 MOTION for Judgment on the Pleadings and Rule 12(B)(1) Mtn to Dismiss filed by American Family Mutual Insurance Company, S.I.. (O'Dell, Robert) |
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| 28 | 28
respm
Response to Motion
Mon 06/21 9:29 AM
RESPONSE to Motion re22 MOTION for Judgment on the Pleadings and Rule 12(B)(1) Mtn to Dismiss filed by American Family Mutual Insurance Company, S.I.. (O'Dell, Robert) |
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| Wednesday, June 16, 2021 | ||
| 27 | 27
misc
Report of Rule 26f Planning Meeting
Wed 06/16 4:03 PM
REPORT of Rule 26(f) Planning Meeting. (Shupp, Andrew) |
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| 26 | 26
misc
Report of Rule 26f Planning Meeting
Wed 06/16 3:24 PM
REPORT of Rule 26(f) Planning Meeting. (O'Dell, Robert) |
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| Thursday, June 10, 2021 | ||
| 25 | 25
notice
Notice - Other
Thu 06/10 2:35 PM
NOTICE by Dawn Buckley, William Buckley re22 MOTION for Judgment on the Pleadings and Rule 12(B)(1) Mtn to Dismiss of Scrivener's Errors (Shupp, Andrew) |
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| 24 | 24
answer
Answer to Complaint
Thu 06/10 1:50 PM
ANSWER to1 Complaint,,, by Down Syndrome Association of Northwest Indiana, Inc..(Pizur, Mark) |
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| Monday, June 07, 2021 | ||
| 23 | 23
respm
Brief in Support
Mon 06/07 10:10 AM
BRIEF in Support of22 MOTION for Judgment on the Pleadings and Rule 12(B)(1) Mtn to Dismiss filed by Dawn Buckley, William Buckley. (Shupp, Andrew) |
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| 22 | 22
motion
Judgment on the Pleadings
Mon 06/07 10:07 AM
MOTION for Judgment on the Pleadings and Rule 12(B)(1) Mtn to Dismiss by Defendants Dawn Buckley, William Buckley. (Shupp, Andrew) |
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| 21 | 21
answer
Answer to Complaint
Mon 06/07 9:52 AM
ANSWER to1 Complaint,,, for Declaratory Judgment by Dawn Buckley, William Buckley.(Shupp, Andrew) |
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| Wednesday, June 02, 2021 | ||
| 20 | 20
misc
Mag Consent Forms Sent - Standard with pptc - form will be generated
Wed 06/02 3:53 PM
MAGISTRATE JUDGE CONSENT FORMS sent to all parties. (tc) |
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| 19 | 19
2
pgs
order
Order ~Util - Set Hearings
Wed 06/02 3:53 PM
ORDER: Telephonic Rule 16 Preliminary Pretrial Conference set for 6/23/2021 10:30 AM in US District Court - Hammond before Magistrate Judge Joshua P Kolar. Parties are instructed to dial 877-336-1280 and enter access code 3293676# when prompted to join the conference. A proposed Discovery Plan under Federal Rule of Civil Procedure 26(f) to be filed no later than five (5) business days prior to the pretrial conference. Signed by Magistrate Judge Joshua P Kolar on 6/2/2021. (tc) |
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| Wednesday, May 12, 2021 | ||
| 18 | 18
order
Order on Motion for Extension of Time to Answer
Wed 05/12 2:27 PM
ORDER: The Court, finding good cause shown and noting that Plaintiff does not object, GRANTS15 Defendant Down Syndrome Association of Northwest Indiana, Inc.'s Motion for Enlargement of Time. Defendant Down Syndrome Association of Northwest Indiana, Inc.'s time to answer or otherwise respond to the Complaint is EXTENDED to 6/9/2021. The Court notes that N.D. Ind. L.R. 6-1(a)(2) requires that motions for extensions of time state the original deadline and the requested deadline. Future requests of this nature should include this information. Approved by Magistrate Judge Joshua P Kolar on 5/12/2021. Text entry order. (tc) |
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| 17 | 17
notice
Notice - Other
Wed 05/12 11:07 AM
NOTICE by American Family Mutual Insurance Company, S.I. re 16 Order,,,, Set Deadlines,,,15 First MOTION for Extension of Time to File Answer (O'Dell, Robert) |
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| Tuesday, May 11, 2021 | ||
| 16 | 16
order
Order ~Util - Set Deadlines
Tue 05/11 2:28 PM
MINUTE ORDER: The Court SETS the deadline for Plaintiff American Family Mutual Insurance Company, S.I. to file a notice of intent to object to [DE 15] Defendant Down Syndrome Association of Northwest Indiana, Inc.'s Motion for Enlargement of Time to 5/17/2021. The Court notes that, if Plaintiff intends to object, the basis for objection need not be presented until Plaintiff files its response within the timeframe required by N.D. Ind. L.R. 7-1. The Court further notes that if no notice of intent to object is filed, the Court intends to grant to [DE 15] Defendant Down Syndrome Association of Northwest Indiana, Inc.'s Motion for Enlargement of Time. Approved by Magistrate Judge Joshua P Kolar on 5/11/2021. Text entry order. (tc) |
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| Friday, May 07, 2021 | ||
| 15 | 15
motion
Extension of Time to File Answer
Fri 05/07 2:45 PM
First MOTION for Extension of Time to File Answer by Defendant Down Syndrome Association of Northwest Indiana, Inc.. (Pizur, Mark) |
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| 14 | 14
notice
Notice of Appearance
Fri 05/07 2:41 PM
NOTICE of Appearance by Mark J Pizur on behalf of Down Syndrome Association of Northwest Indiana, Inc. (Pizur, Mark) |
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| Tuesday, May 04, 2021 | ||
| 13 | 13
order
Order
Tue 05/04 12:18 PM
MINUTE ORDER: Each party and each attorney in this case shall take reasonable steps to preserve electronically stored information (ESI) that is relevant to any claim or defense in this case, whether or not the information is admissible at trial. This requirement relates back to the point in time when the party or attorney reasonably anticipated litigation about these matters. Text entry order. By Magistrate Judge Joshua P Kolar on 5/4/2021. (tc) |
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| 12 | 12
notice
Notice of Appearance
Tue 05/04 11:21 AM
NOTICE of Appearance by Kimberly P Peil on behalf of Dawn Buckley, William Buckley (Peil, Kimberly) |
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utility
Set/Reset Deadlines
Tue 05/04 9:44 AM
Reset Answer Deadlines: Answer for William Buckley and Dawn Buckley due 6/7/2021 pursuant to DE11 . (kms) |
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| Monday, May 03, 2021 | ||
| 11 | 11
notice
Agreed Notice to Extend Time to File Answer
Mon 05/03 2:48 PM
AGREED NOTICE to extend time to file answer filed by Dawn Buckley, William Buckley ; answer due by 06/07/2021. (Shupp, Andrew) |
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| 10 | 10
notice
Notice of Appearance
Mon 05/03 2:43 PM
NOTICE of Appearance by Andrew T Shupp on behalf of Dawn Buckley, William Buckley (Shupp, Andrew) |
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| 9 | 9
service
Summons Returned Executed
Mon 05/03 9:47 AM
SUMMONS Returned Executed by American Family Mutual Insurance Company, S.I..(O'Dell, Robert) |
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Att: 1
Exhibit A, Certified Mail Receipt
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| 8 | 8
service
Summons Returned Executed
Mon 05/03 9:46 AM
SUMMONS Returned Executed by American Family Mutual Insurance Company, S.I..(O'Dell, Robert) |
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Att: 1
Exhibit A, Certified Mail Receipt
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| 7 | 7
service
Summons Returned Executed
Mon 05/03 9:44 AM
SUMMONS Returned Executed by American Family Mutual Insurance Company, S.I.. William Buckley served on 4/19/2021, answer due 5/10/2021.(O'Dell, Robert) |
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Att: 1
Exhibit A, Certified Mail Receipt
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| 6 | 6
service
Summons Returned Executed
Mon 05/03 9:41 AM
SUMMONS Returned Executed by American Family Mutual Insurance Company, S.I.. Dawn Buckley served on 4/19/2021, answer due 5/10/2021.(O'Dell, Robert) |
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Att: 1
Exhibit A, Certified Mail Receipt
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| Friday, April 23, 2021 | ||
| 5 | 5
service
Summons Returned Executed
Fri 04/23 8:55 AM
SUMMONS Returned Executed by American Family Mutual Insurance Company, S.I.. Down Syndrome Association of Northwest Indiana, Inc. served on 4/17/2021, answer due 5/10/2021.(O'Dell, Robert) |
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Att: 1
Exhibit A, Proof of Service
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| Tuesday, April 13, 2021 | ||
| 4 | 4
service
Summons Issued
Tue 04/13 10:58 AM
Summons Issued as to Dawn Buckley, William Buckley and Down Syndrome Association of Northwest Indiana, Inc. NOTE:The attached document is accessible by court personnel only. Summons forms that were electronically submitted to the court for issuance will be returned to counsel via e-mail. (nal) |
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utility
Add and Terminate Judges
Tue 04/13 10:38 AM
Judge Joseph S Van Bokkelen and Magistrate Judge Joshua P Kolar added. NEW CASE. (nal) |
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| Monday, April 12, 2021 | ||
| 3 | 3
misc
Corporate Disclosure Statement
Mon 04/12 11:10 AM
Corporate Disclosure Statement by American Family Mutual Insurance Company, S.I.. (O'Dell, Robert) |
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| 2 | 2
notice
Notice of Appearance
Mon 04/12 11:08 AM
NOTICE of Appearance by Robert S O'Dell on behalf of American Family Mutual Insurance Company, S.I. (O'Dell, Robert) |
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| 1 | 1
cmp
Complaint
Mon 04/12 10:32 AM
COMPLAINT for Declaratory Judgment against All Defendants ( Filing fee $ 402 receipt number 0755-4538420.), filed by American Family Mutual Insurance Company, S.I..(O'Dell, Robert) |
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Att: 1
Exhibit A, Policy of Insurance,
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Att: 2
Exhibit B, Umbrella Policy of Insurance,
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Att: 3
Exhibit C, Charging Information & Affidavit,
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Att: 4
Exhibit D, Charging Information & Affidavit,
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Att: 5
Exhibit E, Complaint in Lake County,
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Att: 6
Civil Cover Sheet,
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Att: 7
Proposed Summons Summons D. Buckley,
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Att: 8
Proposed Summons Summons D. Buckley 2nd,
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Att: 9
Proposed Summons Summons W. Buckley,
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Att: 10
Proposed Summons Summons W. Buckley 2nd,
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Att: 11
Proposed Summons Summons Down Syndrome Assoc.
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