Arac v. 4 NY Inc. et al
| New York Eastern District Court | |
| Judge: | Ann M Donnelly |
| Referred: | Marcia M Henry |
| Case #: | 1:22-cv-03860 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 29:201 Fair Labor Standards Act |
| Case Filed: | Jun 30, 2022 |
| Terminated: | Aug 30, 2023 |
| Last checked: Tuesday Dec 27, 2022 3:57 AM EST |
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Defendant
4 NY Inc.
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Represented By
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Defendant
Mustafa Alkan
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Represented By
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Defendant
Memet Arslan
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Represented By
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Defendant
Huseyin Laymak
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Represented By
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Plaintiff
Abdulasit Arac
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Represented By
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| Docket last updated: 10 hours ago |
| Thursday, February 01, 2024 | ||
| 21 | 21
misc
Satisfaction of Judgment
Thu 02/01 6:14 PM
SATISFACTION OF JUDGMENT re20 Judgment, entered In favor of Abdulasit Arac Against 4 NY Inc., In favor of Abdulasit Arac Against Mustafa Alkan, In favor of Abdulasit Arac Against Huseyin Laymak, In favor of Abdulasit Arac Against Memet Arslan by Abdulasit Arac (Baynes, Galen) |
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| Wednesday, August 30, 2023 | ||
| 20 | 20
order
Judgment
Wed 08/30 4:49 PM
JUDGMENT in favor of Plaintiff and against Defendants 4 NY Inc. d/b/a Rocca Cafe & Lounge, Mustafa Alkan, Memet Arslan, and Huseyin Laymak, jointly and severally, in the amount of $125,000.00, inclusive of attorneys fees and costs, in full and final resolution of all of Plaintiffs claims in this action. Ordered by Judge Ann M. Donnelly on 8/30/2023. (DG) |
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| 19 | 19
notice
Notice of Acceptance with Offer of Judgment
Wed 08/30 3:03 PM
NOTICE of Acceptance with Offer of Judgment by Abdulasit Arac (Baynes, Galen) |
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Att: 1
Exhibit - Offer of Judgment,
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Att: 2
Proposed Judgment
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| Tuesday, July 18, 2023 | ||
| 18 | 18
misc
Affidavit/Affirmation
Tue 07/18 5:47 PM
AFFIDAVIT/AFFIRMATION re Order on Motion to Compel,, Proof of Service on Defendants by 4 NY Inc., Mustafa Alkan, Memet Arslan, Huseyin Laymak (Mietus, Danielle) |
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| Monday, July 17, 2023 | ||
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order
Order on Motion to Compel
Mon 07/17 12:45 PM
ORDER granting Motion to Compel Deposition of Defendants16 as stated on the record at the 07/14/2023 motion hearing. (See 07/14/2023 Minute Entry). All Defendants, including a corporate representative of Defendant 4 NYC Inc., shall give sworn testimony at a deposition by 09/01/2023 . Failure to comply with the Courts order to appear for depositions must result in adverse consequences, including but not limited to monetary sanctions or entry of default judgment against Defendants. Defense counsel is directed to serve this order on all Defendants and to file proof of service of this order by 07/18/2023 . So Ordered by Magistrate Judge Marcia M. Henry on 07/17/2023. (RC) |
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order
~Util - Set Hearings
Mon 07/17 12:45 PM
SCHEDULING ORDER : An in-person status conference will be held on 09/13/2023 at 12:00PM in Courtroom 504 North before Magistrate Judge Marcia M. Henry. Counsel for all parties shall attend. Individual Defendants Mustafa Alkan, Memet Arslan, Huseyin Laymak, and representatives for the corporate Defendant (if not the Individual Defendants) shall attend. Plaintiff Abdulasit Arac may attend but is not required to do so. So Ordered by Magistrate Judge Marcia M. Henry on 07/17/2023. (RC) |
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| Friday, July 14, 2023 | ||
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minutes
Discovery Hearing
Mon 07/17 12:45 PM
MINUTE ENTRY for proceedings held before Magistrate Judge Marcia M. Henry: A telephone discovery conference was held in this case on 07/14/2023 . Galen C. Baynes on behalf of Plaintiff. Daniel E. Mietus on behalf of Defendants. The Court granted Plaintiff's motion to compel the deposition of Defendants 16 for the reasons stated on the record and in Plaintiff's papers. Fact discovery is extended to 09/01/2023 for the limited purpose of completing Defendants' depositions, which were timely noticed. By 07/21/2023 , defense counsel shall confirm with plaintiff's counsel the availability of Defendants for depositions. By 09/01/2023 , all depositions shall be completed. The parties shall file a joint status report by 09/08/2023 certifying the close of fact discovery and indicating whether they intend to file dispositive motions. The parties represented that they do not intend to engage in expert discovery. An in-person status conference will be held on 09/13/2023 at 12:00PM in Courtroom 504 North before Magistrate Judge Marcia M. Henry; a separate scheduling order shall issue. So Ordered by Magistrate Judge Marcia M. Henry on 07/14/2023. (AT&T Log # 3:16PM-3:36PM). (RC) |
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| Monday, July 10, 2023 | ||
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order
~Util - Set Hearings
Mon 07/10 4:29 PM
SCHEDULING ORDER : A telephone discovery conference is scheduled for 07/14/2023 at 3:00PM before Magistrate Judge Marcia M. Henry. All counsel must attend. The parties are directed to call the toll-free number 888-808-6929 . The access code is 9281384 . The parties shall dial in five (5) minutes before the conference. The parties should be prepared to discuss the Motion to Compel at ECF16 . So Ordered by Magistrate Judge Marcia M. Henry on 07/10/2023. (RC) |
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| Tuesday, June 27, 2023 | ||
| 17 | 17
respm
Response to Motion
Tue 06/27 6:51 PM
RESPONSE to Motion re16 Letter MOTION to Compel Depositions and for Discovery Conference filed by 4 NY Inc., Mustafa Alkan, Memet Arslan, Huseyin Laymak. (Mietus, Danielle) |
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| Wednesday, June 21, 2023 | ||
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order
Order(Other)
Wed 06/21 1:22 PM
ORDER re16 Motion to Compel: By 06/27/2023 , Defendants shall file a response to Plaintiff's motion to compel16 . So Ordered by Magistrate Judge Marcia M. Henry on 06/21/2023. (JD) |
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| Tuesday, June 20, 2023 | ||
| 16 | 16
motion
Compel
Tue 06/20 11:33 AM
Letter MOTION to Compel Depositions and for Discovery Conference by Abdulasit Arac. (Baynes, Galen) |
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| Friday, April 07, 2023 | ||
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order
Order on Motion for Extension of Time to Complete Discovery
Fri 04/07 10:12 PM
ORDER granting 15 Motion for Extension of Time to Complete Discovery: The parties seek additional time to complete discovery in light of their unsuccessful mediation. The application is granted and the new deadlines are as follows. Defendants shall respond to Plaintff's written discovery demands by 04/28/2023 . Fact discovery shall be completed by 06/30/2023 with a joint status report certifying the close of fact discovery due the same day. Any filing related to dispositive motion practice shall be due 07/28/2023 . So Ordered by Magistrate Judge Marcia M. Henry on 04/07/2023. (JD) |
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| Monday, April 03, 2023 | ||
| 15 | 15
motion
Extension of Time to Complete Discovery
Mon 04/03 11:29 AM
Letter MOTION for Extension of Time to Complete Discovery and Status Report re: Mediation by Abdulasit Arac. (Baynes, Galen) |
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| Tuesday, February 21, 2023 | ||
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adr
Selection of Mediator
Tue 02/21 3:00 PM
SELECTION OF MEDIATOR: Giulio Zanolla selected as Mediator. 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. For more details on the submission, please consult Local Civil Rule 83.8(b)(4). Attendance is required of the trial attorney, insurance adjuster, and client or client representative with full settlement authority. The Confidentiality Stipulation (in-person or remote) must be signed at or before the initial mediation session by all participants and the Mediator and returned via e-mail to nyed_adr@nyed.uscourts.gov. The Mediators contact information can be found on the docket sheet. Within fourteen days of the conclusion of the mediation, both parties must submit a Mediation Report. Date Time and Location: March 7, 2023 at 10:00 AM via Zoom. (TP) |
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| Friday, February 03, 2023 | ||
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order
Order on Motion to Continue
Fri 02/03 6:33 PM
ORDER granting Motion to Continue14 : The parties have selected a mediator and request an extension of the deadline to complete mediation and to complete discovery. The request is granted. Mediation shall be completed by 03/30/2023 with a joint post-mediation status report due by 04/03/2023 . Fact discovery must be completed by 04/21/2023 with a joint status report due that same date certifying the close of fact discovery. The parties shall initiate dispositive motions in accordance with the individual rules of the Honorable Ann M. Donnelly by 05/19/2023 . So Ordered by Magistrate Judge Marcia M. Henry on 02/03/2023. (JD) |
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| Thursday, February 02, 2023 | ||
| 14 | 14
motion
Continue
Thu 02/02 11:46 AM
Letter MOTION to Continue Mediation and Discovery Deadlines (Joint) by Abdulasit Arac. (Baynes, Galen) |
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| Tuesday, January 10, 2023 | ||
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utility
Case Assigned/Reassigned
Tue 01/10 9:05 AM
Case Reassigned to Magistrate Judge Marcia M. Henry. Magistrate Judge Roanne L. Mann 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. (RG) |
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order
Order(Other)
Tue 01/10 6:25 PM
ORDER: This case was recently transferred to the undersigned magistrate judge from the Honorable Roanne L. Mann. The deadline for the parties to complete mediation by 02/03/2023 and to file a joint post-mediation status report by 02/06/2023 remains in effect. (12/05/2022 Order.) So Ordered by Magistrate Judge Marcia M. Henry on 01/10/2023. (JD) |
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| Wednesday, December 07, 2022 | ||
| 13 | 13
notice
Notice of Appearance
Wed 12/07 3:32 PM
NOTICE of Appearance by Jasmine Y. Patel on behalf of All Defendants (aty to be noticed) (Patel, Jasmine) |
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adr
Mediation Instructions
Wed 12/07 2:55 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 The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms, and must be signed by all participants, including the mediator. The signed confidentiality stipulation must be uploaded via the Courts website here: https://edny.app.box.com/f/1fabaa0a170b4fd293704738238fd876. 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 submitted within two weeks following mediation session. (DS) |
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| Monday, December 05, 2022 | ||
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order
Order on Motion to Request Mediation Order Referring Case to Mediation
Mon 12/05 9:07 AM
ORDER REFERRING CASE to Mediation. The Court grants the parties' joint application and refers the case to court-annexed mediation, to be completed by February 3, 2023 . A joint post-mediation status report is due by February 6, 2023 . Ordered by Magistrate Judge Roanne L. Mann on 12/5/2022. (LK) |
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| Thursday, December 01, 2022 | ||
| 12 | 12
motion
Request Mediation
Thu 12/01 3:37 PM
Letter Motion to Request Mediation (Joint) by Abdulasit Arac. (Baynes, Galen) |
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| Thursday, September 29, 2022 | ||
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minutes
Initial Conference Hearing ~Util - Set Deadlines
Thu 09/29 12:05 PM
Minute Entry for Initial Conference Hearing held before Magistrate Judge Roanne L. Mann on 9/29/2022. The Court conducts a telephonic initial conference. Defendants must produce wage statements and punch card records concerning plaintiff by October 21, 2022. Pleadings may be amended and new parties added as of right by October 13, 2022 for plaintiff, and by November 14, 2022 for defendants. Fact discovery must be completed by February 24, 2023. Requests for a premotion conference are due by March 7, 2023. By December 1, 2022, the parties must file a joint-letter motion requesting that the discovery schedule be held in abeyance (in the event the parties have agreed to settle the case), requesting an extension of time to continue settlement discussions or requesting a referral to court-annexed mediation. See attached . (Proujansky, Josh) |
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| Tuesday, September 27, 2022 | ||
| 11 | 11
notice
Notice(Other)
Tue 09/27 11:51 AM
NOTICE by Abdulasit Arac (Initial Conference Questionnaire) (Baynes, Galen) |
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| Monday, September 19, 2022 | ||
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order
Scheduling Order 1 - Terminate Hearings
Mon 09/19 1:42 PM
SCHEDULING ORDER: Due to a scheduling conflict, the telephonic initial conference scheduled for September 28, 2022 at 10:15 a.m. will instead be held on September 29, 2022 at 11:00 a.m. Ordered by Magistrate Judge Roanne L. Mann on 9/19/2022. (Proujansky, Josh) |
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| Wednesday, September 14, 2022 | ||
| 10 | 10
order
Scheduling Order
Wed 09/14 10:22 AM
SCHEDULING ORDER: A telephonic initial conference will be held on September 28, 2022 @ 10:15 a.m. before Magistrate Judge Roanne L. Mann. SEE ATTACHED: ORDER, INITIAL CONFERENCE QUESTIONNAIRE, AND MANDATORY REQUIREMENTS FOR CONFERENCE. Counsel are directed to confer to jointly fill out and docket the attached questionnaire by 2:00 p.m. on September 26, 2022 . *** To dial in to the initial conference, the parties are directed to call (877) 336-1839 and type in the access code 6672833. If the parties are initially unable to connect to the call, please try again as the third-party conference call system has been overloaded at times. Ordered by Magistrate Judge Roanne L. Mann on 9/14/2022. (LK) |
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| Tuesday, September 13, 2022 | ||
| 9 | 9
misc
Corporate Disclosure Statement
Tue 09/13 2:47 PM
Corporate Disclosure Statement by 4 NY Inc. (Mietus, Danielle) |
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| 8 | 8
answer
Answer to Complaint
Tue 09/13 2:45 PM
ANSWER to1 Complaint, by 4 NY Inc., Mustafa Alkan, Memet Arslan, Huseyin Laymak. (Mietus, Danielle) |
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| Monday, August 22, 2022 | ||
| 7 | 7
service
Waiver of Service Executed
Mon 08/22 12:44 PM
WAIVER OF SERVICE Returned Executed by Abdulasit Arac. 4 NY Inc. waiver sent on 7/15/2022, answer due 9/13/2022; Mustafa Alkan waiver sent on 7/15/2022, answer due 9/13/2022; Memet Arslan waiver sent on 7/15/2022, answer due 9/13/2022; Huseyin Laymak waiver sent on 7/15/2022, answer due 9/13/2022. (Baynes, Galen) |
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| Thursday, July 07, 2022 | ||
| 6 | 6
service
Summons Issued
Thu 07/07 12:12 PM
Summons Issued as to 4 NY Inc., Mustafa Alkan, Memet Arslan, Huseyin Laymak. (Guzzi, Roseann) |
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| Tuesday, July 05, 2022 | ||
| 5 | 5
misc
Proposed Summons/Civil Cover Sheet
Tue 07/05 11:07 AM
Proposed Summons. by Abdulasit Arac (Baynes, Galen) |
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Att: 1
Exhibit - Rider to Summons
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| Friday, July 01, 2022 | ||
| 4 | 4
misc
Quality Control Check - Attorney Case Opening
Fri 07/01 11:28 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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| 3 | 3
misc
Clerks Notice of Rule 73
Fri 07/01 11:27 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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misc
Quality Control Check - Summons
Fri 07/01 11:28 AM
Your proposed summons was not issued for one of the following reasons: If multiple defendants, there must me a rider attached to the summons with the name and addresses of all defendants included., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (Bowens, Priscilla) |
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| Thursday, June 30, 2022 | ||
| 2 | 2
notice
Notice of Appearance
Thu 06/30 2:37 PM
NOTICE of Appearance by Galen C. Baynes on behalf of Abdulasit Arac (aty to be noticed) (Baynes, Galen) |
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| 1 | 1
cmp
Complaint
Thu 06/30 2:32 PM
COMPLAINT against 4 NY Inc., Mustafa Alkan, Memet Arslan, Huseyin Laymak filing fee $ 402, receipt number ANYEDC-15707858 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Abdulasit Arac. (Pechman, Louis) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Proposed Summons - 4 NY Inc.,
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Att: 3
Proposed Summons - Mustafa Alkan,
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Att: 4
Proposed Summons - Memet Arslan,
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Att: 5
Proposed Summons - Huseyin Laymak
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utility
Case Assigned/Reassigned
Fri 07/01 11:26 AM
Case Assigned to Judge Ann M Donnelly and Magistrate Judge Roanne L. Mann. 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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