ISIDORE v. COMPASS HEALTH, INC. et al
| Florida Southern District Court | |
| Judge: | Darrin P Gayles |
| Case #: | 1:22-cv-22679 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 15:0002 Fair Labor Standards Act |
| Case Filed: | Aug 24, 2022 |
| Terminated: | Feb 02, 2023 |
| Last checked: Monday Feb 20, 2023 5:51 AM EST |
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Defendant
Compass Health System, P.A.
1065 NE 125th Street Suite 300
North Miami, FL 33161 |
Represented By
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Defendant
Medzdirect, Inc.
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Represented By
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Defendant
Scott Segal
21 Sunset Drive
Englewood, CO 80113 |
Represented By
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Plaintiff
Witchmonde Isidore
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Represented By
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| TERMINATED PARTIES | |
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Defendant
Sean Segal
Terminated: 12/27/2022
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| Docket last updated: 05/23/2025 11:59 PM EDT |
| Thursday, February 02, 2023 | ||
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order
Administrative Order
Thu 02/02 11:52 AM
PAPERLESS ORDER administratively closing the case in light of41 Defendants' Notice of Settlement, which indicates that this matter has settled in full. The parties are hereby notified that, within twenty (20) days of the date of this Order, they must file a Stipulation or Notice of Dismissal and/or Settlement Agreement along with any other pertinent document necessary to conclude this action. Any pending motions are denied as moot. Signed by Judge Darrin P. Gayles on 2/2/2023. (nce) |
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| Wednesday, February 01, 2023 | ||
| 41 | 41
notice
Notice of Settlement - aty
Wed 02/01 3:36 PM
NOTICE of Settlement by Compass Health System, P.A. (Siegel, Peter) |
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| Thursday, January 26, 2023 | ||
| 40 | 40
respm
Reply to Response to Motion
Thu 01/26 5:11 PM
Plaintiff's REPLY to Response to Motion re33 Plaintiff's MOTION for Default Judgment filed by Witchmonde Isidore. (Horowitz, Max) |
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| Thursday, January 19, 2023 | ||
| 39 | 39
respm
Response in Opposition to Motion
Thu 01/19 4:08 PM
RESPONSE in Opposition re33 Plaintiff's MOTION for Default Judgment and Memorandum of Law filed by Compass Health System, P.A., Medzdirect, Inc., Scott Segal. Replies due by 1/26/2023. (Siegel, Peter) |
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| Tuesday, January 17, 2023 | ||
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notice
Clerk's Notice of Docket Correction and Instruction to Filer - Attorney
Tue 01/17 8:56 AM
(SENT IN ERROR SEE DE#38)Clerk's Notice to Filer re9 Amended Complaint/Amended Notice of Removal. Login/Signature Block Violation ; CORRECTIVE ACTION REQUIRED - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match the typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and Local Rule 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (cqs)Text Modified on 1/17/2023 (cqs) |
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notice
Clerk's Notice of Docket Correction - Chambers and Clerks
Tue 01/17 8:58 AM
Clerk's Notice of Docket Correction re 37 Clerk's Notice of Docket Correction and Instruction to Filer - Attorney,,. Correction Other. Error message sent in error. No action Required. (cqs) |
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| Monday, January 16, 2023 | ||
| 36 | 36
motion
Set Aside Default
Mon 01/16 12:18 PM
MOTION to Set Aside Default by Compass Health System, P.A., Medzdirect, Inc., Scott Segal.(Siegel, Peter) |
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Att: 1
Text of Proposed Order
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| 35 | 35
notice
Notice of Attorney Appearance
Mon 01/16 11:30 AM
NOTICE of Attorney Appearance by Alejandro Israel Leiva on behalf of Compass Health System, P.A., Medzdirect, Inc., Scott Segal. Attorney Alejandro Israel Leiva added to party Compass Health System, P.A.(pty:dft), Attorney Alejandro Israel Leiva added to party Medzdirect, Inc.(pty:dft), Attorney Alejandro Israel Leiva added to party Scott Segal(pty:dft). (Leiva, Alejandro) |
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| 34 | 34
notice
Notice of Attorney Appearance
Mon 01/16 11:24 AM
NOTICE of Attorney Appearance by Peter Ross Siegel on behalf of Compass Health System, P.A., Medzdirect, Inc., Scott Segal. Attorney Peter Ross Siegel added to party Compass Health System, P.A.(pty:dft), Attorney Peter Ross Siegel added to party Medzdirect, Inc.(pty:dft), Attorney Peter Ross Siegel added to party Scott Segal(pty:dft). (Siegel, Peter) |
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| Friday, January 13, 2023 | ||
| 33 | 33
motion
Default Judgment
Fri 01/13 4:33 PM
Plaintiff's MOTION for Default Judgment by Witchmonde Isidore.(Horowitz, Max) |
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2,
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Att: 3
Exhibit 3,
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Att: 4
Exhibit 4
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| Friday, January 06, 2023 | ||
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order
Notice of Court Practice/to Appear/Other
Fri 01/06 3:41 PM
NOTICE OF COURT PRACTICE ON DEFAULT PROCEDURE. The Clerk of Court entered a default against Defendant COMPASS HEALTH SYSTEMS, P.A. on December 30, 2022, [ECF No. 31], based on Defendant's failure to plead or otherwise defend this action after being served with process. Accordingly, within ten (10) days of this Order, Plaintiff shall file a motion for final default judgment, accompanied by a proposed final default judgment attached to the motion as Exhibit A, and duly supported by affidavits and other documentation. Plaintiff's failure to file a Motion for Final Default Judgment on or before the date set forth above may result in dismissal of the instant action. Signed by Judge Darrin P. Gayles on 1/6/2023. (nce) |
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| Friday, December 30, 2022 | ||
| 31 | 31
order
Clerk's Entry/Non-Entry of Default - FORM
Fri 12/30 8:22 AM
Clerk's Entry of Default as to COMPASS HEALTH SYSTEMS, P.A. - Motions Terminated:30 Motion for Clerk's Entry of Default Signed by DEPUTY CLERK on 12/30/2022. (cqs) |
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| Thursday, December 29, 2022 | ||
| 30 | 30
motion
Clerk's Entry of Default
Thu 12/29 2:57 PM
Plaintiff's MOTION for Clerk's Entry of Default as to Compass Health System, P.A. by Witchmonde Isidore. (Horowitz, Max) |
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| Tuesday, December 27, 2022 | ||
| 28 | 28
order
Clerk's Entry/Non-Entry of Default - FORM
Tue 12/27 9:57 AM
Clerk's Entry of Default as to Scott Segal - Motions Terminated:27 Motion for Clerk's Entry of Default Signed by DEPUTY CLERK on 12/27/2022. (cqs) |
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order
Order Dismissing Party
Tue 12/27 3:45 PM
PAPERLESS ORDER DISMISSING WITHOUT PREJUDICE Defendant Sean Segal pursuant to Plaintiff's25 Notice of Voluntary Dismissal Without Prejudice of Defendant Sean Segal. Signed by Judge Darrin P. Gayles (bhy) |
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| Friday, December 23, 2022 | ||
| 27 | 27
motion
Clerk's Entry of Default
Fri 12/23 4:41 PM
Plaintiff's MOTION for Clerk's Entry of Default as to Scott Segal by Witchmonde Isidore.(Horowitz, Max) |
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Att: 1
Exhibit A
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| 26 | 26
misc
Affidavit
Fri 12/23 4:34 PM
AFFIDAVIT NON-MILITARY signed by: Max L. Horowitz by Witchmonde Isidore (Horowitz, Max) |
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| Thursday, December 22, 2022 | ||
| 25 | 25
notice
Notice of Voluntary Dismissal - aty
Thu 12/22 12:23 PM
NOTICE of Voluntary Dismissal WITHOUT PREJUDICE OF DEFEDANT SEAN SEGAL by Witchmonde Isidore (Horowitz, Max) |
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| Thursday, December 08, 2022 | ||
| 24 | 24
service
Summons (Affidavit) Returned Executed
Thu 12/08 5:08 PM
SUMMONS (Affidavit) Returned Executed on9 Amended Complaint/Amended Notice of Removal with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Witchmonde Isidore. Compass Health System, P.A. served on 12/7/2022, response/answer due 12/28/2022. (Horowitz, Max) |
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| 23 | 23
service
Summons (Affidavit) Returned Executed
Thu 12/08 3:57 PM
SUMMONS (Affidavit) Returned Executed on9 Amended Complaint/Amended Notice of Removal with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Witchmonde Isidore. Scott Segal served on 11/23/2022, response/answer due 12/14/2022. (Horowitz, Max) |
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| Thursday, December 01, 2022 | ||
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order
Order on Motion for Extension of Time
Thu 12/01 11:33 AM
PAPERLESS ORDER granting Plaintiff's21 Motion for Extension of Time. Plaintiff shall file its motion for final default judgment on or before February 3, 2023. Signed by Judge Darrin P. Gayles (bhy) |
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utility
~Util - Set/Reset Deadlines/Hearings
Thu 12/01 11:41 AM
Reset Deadlines Per DE#22. Motions due by 2/3/2023. (cqs) |
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| Wednesday, November 30, 2022 | ||
| 21 | 21
motion
Extension of Time
Wed 11/30 7:55 PM
Plaintiff's MOTION for Extension of Time TO COMPLY WITH COURTS ORDER ECF No. 16 re 16 Notice of Court Practice/to Appear/Other,,,, by Witchmonde Isidore. Responses due by 12/14/2022(Horowitz, Max) |
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Att: 1
Text of Proposed Order
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| Tuesday, November 29, 2022 | ||
| 20 | 20
notice
Notice of Attorney Appearance
Tue 11/29 4:55 PM
NOTICE of Attorney Appearance by Max Lloyd Horowitz on behalf of Witchmonde Isidore. Attorney Max Lloyd Horowitz added to party Witchmonde Isidore(pty:pla). (Horowitz, Max) |
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| 18 | 18
service
Summons Issued
Tue 11/29 10:55 AM
Summons Issued as to Compass Health System, P.A.. (jas) |
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order
Order on Motion for Extension of Time
Tue 11/29 12:55 PM
PAPERLESS ORDER granting17 Plaintiff's Motion for Extension of Time. Plaintiff shall serve Defendants on or before January 27, 2023. Signed by Judge Darrin P. Gayles (bhy) |
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| Monday, November 28, 2022 | ||
| 17 | 17
motion
Extension of Time
Mon 11/28 6:20 PM
Plaintiff's MOTION for Extension of Time TO SERVE DEFENDANTS re 14 Order to Show Cause,,, by WITCHMONDE ISIDORE. Responses due by 12/12/2022(Blye, Tanesha) |
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Att: 1
Text of Proposed Order
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| Tuesday, November 22, 2022 | ||
| 15 | 15
order
Clerk's Entry/Non-Entry of Default - FORM
Tue 11/22 12:22 PM
Clerk's Entry of Default as to MEDZDIRECT, INC - Motions Terminated:13 Motion for Clerk's Entry of Default Signed by DEPUTY CLERK on 11/22/2022. (cqs) |
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| 13 | 13
motion
Clerk's Entry of Default
Tue 11/22 10:01 AM
Plaintiff's MOTION for Clerk's Entry of Default as to MEDZDIRECT, INC. by WITCHMONDE ISIDORE. (Blye, Tanesha) |
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order
Order to Show Cause
Tue 11/22 10:58 AM
PAPERLESS ORDER TO SHOW CAUSE REGARDING SERVICE. Federal Rule of Civil Procedure 4(m) requires service of summons and complaint to be perfected upon defendants within 90 days after the filing of the complaint. Plaintiff filed this action on August 24, 2022 and, to date, there is no indication in the court file that Defendants Compass Health System, P.A., Scott Segal, and Sean Segal have been served with the summons and Complaint. Accordingly, within five (5) days of this Order, Plaintiff shall perfect service upon those Defendants or show cause why this action should not be dismissed for failure to perfect service of process. Failure to comply with this Order shall result in a dismissal without prejudice as to those Defendants and without further notice. Signed by Judge Darrin P. Gayles (bhy) |
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order
Notice of Court Practice/to Appear/Other
Tue 11/22 1:05 PM
NOTICE OF COURT PRACTICE ON DEFAULT PROCEDURE. Plaintiff effectuated service of the summons and complaint on Defendant MEDZDIRECT, INC. on August 29, 2022. [ECF No. 6]. Defendant, however, has failed to plead or otherwise defend this action after being served with process. On November 22, 2022, Plaintiff filed for entry of default by the Clerk as to that defendant, [ECF No. 13], which was entered that same day, [ECF No. 15]. Accordingly, within ten (10) days of the entry of default by the Clerk, Plaintiff shall file a motion for final default judgment, accompanied by a proposed final default judgment attached to the motion as Exhibit A, and duly supported by affidavits and other documentation. Plaintiff's failure to file a Motion for Final Default Judgment on or before the date set forth above may result in dismissal of the instant action. Plaintiff shall immediately provide Defendant MEDZDIRECT, INC. with a copy of this Order via certified mail. Signed by Judge Darrin P. Gayles (bhy) |
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| Thursday, November 17, 2022 | ||
| 12 | 12
notice
Notice of Filing Proposed Summons(es)
Thu 11/17 12:38 PM
NOTICE of Filing Proposed Summons(es) by WITCHMONDE ISIDORE re9 Amended Complaint/Amended Notice of Removal filed by WITCHMONDE ISIDORE (Blye, Tanesha) |
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| Friday, September 09, 2022 | ||
| 11 | 11
notice
Notice of Pending, Refiled, Related or Similar Actions
Fri 09/09 5:41 PM
Notice of NO Pending, Refiled, Related or Similar Actions by WITCHMONDE ISIDORE (Blye, Tanesha) |
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| 10 | 10
misc
Certificate of Other Affiliates/Corporate Disclosure Statement
Fri 09/09 5:40 PM
Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by WITCHMONDE ISIDORE (Blye, Tanesha) |
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| 9 | 9
cmp
Amended Complaint/Amended Notice of Removal
Fri 09/09 5:37 PM
First AMENDED COMPLAINT against All Defendants, filed by WITCHMONDE ISIDORE.(Blye, Tanesha) |
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| Friday, September 02, 2022 | ||
| 8 | 8
misc
Statement
Fri 09/02 4:41 PM
Statement of: OF CLAIM by WITCHMONDE ISIDORE re 5 Notice of Court Practice/to Appear/Other,,,,,,, (Cortes, Juliana) |
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| 7 | 7
notice
Notice of Attorney Appearance
Fri 09/02 4:35 PM
NOTICE of Attorney Appearance by Juliana Velasquez Cortes on behalf of WITCHMONDE ISIDORE. Attorney Juliana Velasquez Cortes added to party WITCHMONDE ISIDORE(pty:pla). (Cortes, Juliana) |
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| Tuesday, August 30, 2022 | ||
| 6 | 6
service
Summons (Affidavit) Returned Executed
Tue 08/30 8:59 AM
SUMMONS (Affidavit) Returned Executed on1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by WITCHMONDE ISIDORE. MEDZDIRECT, INC. served on 8/29/2022, response/answer due 9/19/2022. (Blye, Tanesha) |
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| Thursday, August 25, 2022 | ||
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order
Notice of Court Practice/to Appear/Other
Thu 08/25 10:51 AM
NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. Signed by Judge Darrin P. Gayles (bhy) |
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order
Notice of Court Practice/to Appear/Other
Thu 08/25 10:52 AM
NOTICE OF COURT PRACTICE. The Complaint in this action is filed under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. ("FLSA"). In order to assist the Court in the management of this case, and in an effort to foster early and cost-effective resolution, the parties are ORDERED to comply with the following procedures: Under Rule 8 of the Federal Rules of Civil Procedure, a plaintiff is required to state a "short and plain statement of the claim." While this Rule places only a light burden on a plaintiff, the Court requires complaints filed under the FLSA to include, at a minimum, a statement setting forth the following with respect to each Plaintiff: (a) An initial estimate of the total amount of alleged unpaid wages; (b) A preliminary calculation of such wages; (c) The approximate period during which the alleged FLSA violations occurred; and (d) The nature of the wages (e.g., overtime or straight time). Plaintiff is directed to file a "Statement of Claim" by September 2, 2022 . Plaintiff(s) shall promptly serve a copy of this Order, the Statement of Claim, and copies of all supporting documents (including time sheets, pay stubs, etc.) upon counsel for Defendant(s) once an appearance has been made or at the time the Statement of Claim is filed (if defense counsel has already appeared). Defendant(s) shall then file a "Response to Plaintiff's Statement of Claim" setting forth in detail any defenses to Plaintiff's claim(s) and serve copies of all supporting documents within twenty (20) days of being served with Plaintiff's Statement of Claim. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the dismissal of this action or entry of default. Signed by Judge Darrin P. Gayles (bhy) |
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| Wednesday, August 24, 2022 | ||
| 3 | 3
service
Summons Issued
Wed 08/24 11:02 AM
Summons Issued as to COMPASS HEALTH, INC., MEDZDIRECT, INC., SCOTT SEGAL, SEAN SEGAL. (swr) |
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| 1 | 1
cmp
Complaint
Wed 08/24 10:22 AM
COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-15895467, filed by WITCHMONDE ISIDORE.(Blye, Tanesha) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Summon(s),
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Att: 3
Summon(s),
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Att: 4
Summon(s),
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Att: 5
Summon(s)
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order
Clerk's Notice of Judge Assignment and Optional Consent
Wed 08/24 11:00 AM
Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (swr) |
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