Belsito Communications Inc. v. Bergener et al
| New York Southern District Court | |
| Judge: | Philip M Halpern |
| Case #: | 7:22-cv-08274 |
| Nature of Suit | 820 Property Rights - Copyrights |
| Cause | 17:101 Copyright Infringement |
| Case Filed: | Sep 28, 2022 |
| Terminated: | Apr 11, 2023 |
| Last checked: Monday Mar 27, 2023 5:21 AM EDT |
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Defendant
James Bergener
Individually 420 Von Karman Avenue Suite 200
Newport Beach, CA 92660 |
Represented By
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Defendant
Sweet James Accident Attorneys
4220 Von Karman Avenue Suite 200
Newport Beach, CA 92660 |
Represented By
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Plaintiff
Belsito Communications Inc.
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Represented By
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| Docket last updated: 4 hours ago |
| Wednesday, April 26, 2023 | ||
| 25 | 25
order
Stipulation and Order of Voluntary Dismissal
Wed 04/26 5:23 PM
STIPULATION AND ORDER OF VOLUNTARY DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and among Plaintiff, Belsito Communications Inc. d/b/a The Legal Advocate, and Defendants, Sweet James Accident Attorneys d/b/a Sweet James and James Bergener, individually, by and through their undersigned attorneys, that the above-captioned action be, and hereby is, dismissed with prejudice pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, with each party to bear his or its own costs and attorneys' fees. Application granted. The Clerk of Court is respectfully directed to close this case. SO ORDERED. (Signed by Judge Philip M. Halpern on 4/26/2023) (jca) |
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misc
Notice to Attorney Regarding Deficient Voluntary Dismissal
Wed 04/26 11:23 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Daniel Stafford. RE-FILE Document No. 24 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the individual party/parties whom the voluntary dismissal is against was/were not selected. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct individual filer/filers - select the correct individual party/parties the voluntary dismissal is against - and attach the correct signed (scanned signature image) PDF. (tp) |
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| Tuesday, April 25, 2023 | ||
| 24 | 24
misc
Stipulation of Voluntary Dismissal
Tue 04/25 10:28 AM
STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) All Parties pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Belsito Communications Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(Stafford, Daniel) |
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| Tuesday, April 11, 2023 | ||
| 23 | 23
1
pgs
order
Order of Dismissal
Tue 04/11 11:59 AM
ORDER The Court has been informed that the Parties have reached a settlement in principle in this case. Accordingly, it is hereby ORDERED that this action is dismissed without costs and without prejudice to restoring the action to the Court's calendar, provided the application to restore the action is made within thirty (30) days of this Order. Any application to reopen filed after thirty (30) days from the date of this Order may be denied solely on that basis. Any pending motions are DISMISSED as moot, and all conferences are CANCELED. (Signed by Judge Philip M. Halpern on 4/11/2023) (jca) |
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| Monday, April 10, 2023 | ||
| 22 | 22
misc
Letter
Mon 04/10 4:09 PM
LETTER addressed to Judge Philip M. Halpern from Daniel C. Stafford, Esq. dated 04/10/2023 re: Settlement. Document filed by Belsito Communications Inc...(Stafford, Daniel) |
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| Monday, March 27, 2023 | ||
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minutes
Pre-Motion Conference
Mon 03/27 3:06 PM
Minute Entry for proceedings held before Judge Philip M. Halpern: Pre-Motion Telephone Conference held on 3/27/2023. Counsel for all parties appeared by telephone. Court granted defendant leave to move to dismiss and set the following briefing schedule: motion to dismiss shall be served, not filed, on 4/17/2023; opposition shall be served, not filed, on 5/2/2023; reply shall be served on 5/15/2023; and all papers shall be filed on the reply date, 5/15/2023. (fc) |
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| Tuesday, March 21, 2023 | ||
| 21 | 21
6
pgs
order
Order on Motion for Conference
Tue 03/21 12:33 PM
ORDER granting19 Letter Motion for Conference re:19 LETTER MOTION for Conference re:1 Complaint, re Defendants' Proposed Motion to Dismiss addressed to Judge Philip M. Halpern from Stephen Barrett dated March 13, 2023.,20 LETTER MOTION for Conference re:19 LETTER MOTION for Conference re:1 Complaint, re Defendants' Proposed Motion to Dismiss addressed to Judge Philip M. Halpern from Stephen Barrett dated March 13, 2023. addressed ; granting20 Letter Motion for Conference re:19 LETTER MOTION for Conference re:1 Complaint, re Defendants' Proposed Motion to Dismiss addressed to Judge Philip M. Halpern from Stephen Barrett dated March 13, 2023.,20 LETTER MOTION for Conference re:19 LETTER MOTION for Conference re:1 Complaint, re Defendants' Proposed Motion to Dismiss addressed to Judge Philip M. Halpern from Stephen Barrett dated March 13, 2023. addressed. Defendants' request for a pre-motion conference regarding their anticipated motion to dismiss is GRANTED. The Court will hold a telephonic pre-motion conference on March 27, 2023 at 2:30 p.m. At the time of the conference, all parties shall call: (888) 398-2342; access code: 3456831. The Clerk of Court is respectfully directed to terminate the motion sequences pending at Doc. 19 and Doc. 20. SO ORDERED. Telephone Conference set for 3/27/2023 at 02:30 PM before Judge Philip M. Halpern.. (Signed by Judge Philip M. Halpern on 3/21/2023) (tg) |
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| Monday, March 20, 2023 | ||
| 20 | 20
motion
Conference
Mon 03/20 2:24 PM
LETTER MOTION for Conference re:19 LETTER MOTION for Conference re:1 Complaint, re Defendants' Proposed Motion to Dismiss addressed to Judge Philip M. Halpern from Stephen Barrett dated March 13, 2023. addressed to Judge Philip M. Halpern from Daniel C. Stafford, Esq. dated 03/20/2023. Document filed by Belsito Communications Inc...(Stafford, Daniel) |
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| Monday, March 13, 2023 | ||
| 19 | 19
motion
Conference
Mon 03/13 3:28 PM
LETTER MOTION for Conference re:1 Complaint, re Defendants' Proposed Motion to Dismiss addressed to Judge Philip M. Halpern from Stephen Barrett dated March 13, 2023. Document filed by James Bergener, Sweet James Accident Attorneys..(Barrett, Stephen) |
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| Wednesday, March 08, 2023 | ||
| 18 | 18
order
Stipulation and Order of Voluntary Dismissal
Wed 03/08 12:45 PM
PARTIAL STIPULATION OF DISCONTINUANCE AND DISMISSAL PURSUANT TO RULE 41 (a)(1) OF COUNT III AGAINST ALL DEFENDANTS IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for all the parties in the above-entitled action, that whereas no party hereto is an infant or incompetent person for whom a committee has been appointed and no person not a party has an interest in the subject matter of the action, COUNT III of the Verified Complaint of plaintiff Belsito Communications Inc. d/b/a The Legal Advocate, asserting a "Hot News" claim under New York State law, is hereby discontinued, withdrawn and dismissed, without prejudice, against all defendants, without costs to either party as against the other. This stipulation may be filed without further notice with the Clerk of the Court. Application granted. Count III of the Verified Complaint (Doc. 1) is dismissed without prejudice. SO ORDERED. (Signed by Judge Philip M. Halpern on 3/8/2023) (jca) |
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misc
Notice to Court Regarding Voluntary Dismissal
Wed 03/08 12:27 PM
***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. 17 Stipulation of Voluntary Dismissal, was reviewed and referred to Judge Philip M. Halpern for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety;. (nd) |
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| Tuesday, March 07, 2023 | ||
| 17 | 17
misc
Stipulation of Voluntary Dismissal
Tue 03/07 1:52 PM
STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) James Bergener, Sweet James Accident Attorneys and without costs. Document filed by Belsito Communications Inc.. Proposed Order to be reviewed by Clerk's Office staff. ..(Stafford, Daniel) |
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| Friday, January 13, 2023 | ||
| 16 | 16
service
Waiver of Service Executed
Fri 01/13 11:23 AM
WAIVER OF SERVICE RETURNED EXECUTED. James Bergener waiver sent on 1/12/2023, answer due 3/13/2023; Sweet James Accident Attorneys waiver sent on 1/12/2023, answer due 3/13/2023. Document filed by Belsito Communications Inc...(Stafford, Daniel) |
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| 15 | 15
service
Request for Waiver of Service
Fri 01/13 11:19 AM
REQUEST FOR WAIVER OF SERVICE sent to Gerald A. Klein. Document filed by Belsito Communications Inc.. Request for Waiver Mailed on 1/4/2023. Waiver of Service due by 2/3/2023..(Stafford, Daniel) |
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| Friday, December 30, 2022 | ||
| 14 | 14
1
pgs
order
Order to Show Cause
Fri 12/30 11:26 AM
ORDER TO SHOW CAUSE Accordingly, pursuant to Fed. R. Civ. P. 4(m), this action will be dismissed without prejudice unless, on or before January 31, 2023, Plaintiff shows good cause in writing for his failure to comply with Fed. R. Civ. P. 4(m). SO ORDERED. (Signed by Judge Philip M. Halpern on 12/29/2022) (jca) |
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| Friday, November 04, 2022 | ||
| 13 | 13
service
Summons Issued
Fri 11/04 11:02 AM
ELECTRONIC SUMMONS ISSUED as to James Bergener, Sweet James Accident Attorneys. (sj) |
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| Thursday, November 03, 2022 | ||
| 12 | 12
misc
AO 121 Form Copyright - Case Opening - Submitted
Thu 11/03 2:11 PM
AO 121 FORM COPYRIGHT - CASE OPENING - SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that a court action has been filed on the following copyright(s) in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights..(pc) |
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| 11 | 11
misc
AO 121 Form Copyright - Notice of Submission by Attorney
Thu 11/03 1:58 PM
AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review..(Stafford, Daniel) |
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| 10 | 10
service
Request for Issuance of Summons
Thu 11/03 1:56 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Sweet James Accident Attorneys d/b/a Sweet James and James Bergener, individually, re:1 Complaint,. Document filed by Belsito Communications Inc...(Stafford, Daniel) |
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misc
Notice to Attorney Regarding Deficient Request for Issuance of Summons
Thu 11/03 11:18 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Daniel C. Stafford to RE-FILE Document No. 9 Request for Issuance of Summons,. The filing is deficient for the following reason(s): Remove "Attn" from the defendant name and address field;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) |
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misc
Notice to Attorney Regarding Deficient AO 120/121 Form
Thu 11/03 1:50 PM
***NOTICE TO ATTORNEY REGARDING DEFICIENT COPYRIGHT FORM. Notice to Attorney Daniel C. Stafford to RE-FILE Document No. 8 AO 121 Form Copyright - Notice of Submission by Attorney. The filing is deficient for the following reason(s):. the PDF attached to the docket entry for the AO 121 Copyright form is not correct; Party name error, party name must match exactly as it appears on Pleading (Sweet James Accident Attorneys). Re-file the document using the event type AO 121 Form Copyright - Notice of Submission by Attorney found under the event list Other Documents and attach the correct AO 121 Copyright PDF form. (sj) |
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| Wednesday, November 02, 2022 | ||
| 9 | 9
service
Request for Issuance of Summons
Wed 11/02 4:18 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Sweet James Accident Attorneys d/b/a Sweet James and James Bergener, individually, re:1 Complaint,. Document filed by Belsito Communications Inc...(Stafford, Daniel) |
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| 8 | 8
misc
AO 121 Form Copyright - Notice of Submission by Attorney
Wed 11/02 1:24 PM
AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review..(Stafford, Daniel) |
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misc
Notice to Attorney Regarding Deficient AO 120/121 Form
Wed 11/02 12:39 PM
***NOTICE TO ATTORNEY REGARDING DEFICIENT COPYRIGHT FORM. Notice to Attorney Daniel C. Stafford to RE-FILE Document No. 6 AO 121 Form Copyright - Notice of Submission by Attorney. The filing is deficient for the following reason(s):. the PDF attached to the docket entry for the AO 121 Copyright form is not correct; party name must match exactly as pleading. Re-file the document using the event type AO 121 Form Copyright - Notice of Submission by Attorney found under the event list Other Documents and attach the correct AO 121 Copyright PDF form. (sj) |
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misc
Notice to Attorney Regarding Deficient Request for Issuance of Summons
Wed 11/02 3:23 PM
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Daniel C. Stafford to RE-FILE Document No. 7 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Docket Entry Error. Enter the the party name as to whom the summons is issued for when prompted in ECF. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf) |
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| Tuesday, November 01, 2022 | ||
| 7 | 7
service
Request for Issuance of Summons
Tue 11/01 12:29 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Sweet James Accident Attorneys d/b/a Sweet James and James Bergener, individually, re:1 Complaint,. Document filed by Belsito Communications Inc...(Stafford, Daniel) |
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| 6 | 6
misc
AO 121 Form Copyright - Notice of Submission by Attorney
Tue 11/01 12:20 PM
AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review..(Stafford, Daniel) |
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| Thursday, September 29, 2022 | ||
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misc
Notice to Attorney Regarding Party Modification
Thu 09/29 11:37 AM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Daniel C. Stafford. The party information for the following party/parties has been modified: James Bergener, Sweet James Accident Attorneys, Belsito Communications Inc. d/b/a The Legal Advocate. The information for the party/parties has been modified for the following reason/reasons: party text was omitted; alias party name was omitted; party name entered incorrectly. (vf) |
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misc
Notice to Attorney Regarding Case Opening Statistical Error Correction
Thu 09/29 11:42 AM
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Daniel C. Stafford. The following case opening statistical information was erroneously selected/entered: Dollar Demand 750,000,000. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to Blank. (vf) |
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notice
Case Opening Initial Assignment Notice
Thu 09/29 11:43 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Philip M. Halpern. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:https://nysd.uscourts.gov/judges/district-judges] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(vf) |
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utility
Case Designation
Thu 09/29 11:43 AM
Magistrate Judge Paul E. Davison is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (vf) |
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utility
Case Designated ECF
Thu 09/29 11:46 AM
Case Designated ECF. (vf) |
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misc
Notice to Attorney Regarding Deficient Request for Issuance of Summons
Thu 09/29 11:50 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Daniel C. Stafford to RE-FILE Document No. 3 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Docket Entry Error. Enter the party name as to whom the summons is issued for when prompted in ECF. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf) |
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misc
Notice to Attorney Regarding Deficient AO 120/121 Form
Thu 09/29 11:52 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT COPYRIGHT FORM. Notice to Attorney Daniel C. Stafford to RE-FILE re: Document No. 2 AO 121 Form Copyright - Notice of Submission by Attorney. The filing is deficient for the following reason(s): the Court Name and/or Location field on the AO 121 Copyright form was not completed by the attorney. Re-file the document using the event type AO 121 Form Copyright - Notice of Submission by Attorney found under the event list Other Documents and attach the correct AO 121 Copyright PDF form. (vf) |
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| Wednesday, September 28, 2022 | ||
| 5 | 5
misc
Civil Cover Sheet
Wed 09/28 11:55 AM
CIVIL COVER SHEET filed..(Stafford, Daniel) |
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| 4 | 4
misc
Rule 7.1 Corporate Disclosure Statement
Wed 09/28 11:49 AM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Belsito Communications Inc. d/b/a The Legal Advocate..(Stafford, Daniel) |
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| 3 | 3
service
Request for Issuance of Summons
Wed 09/28 11:40 AM
REQUEST FOR ISSUANCE OF SUMMONS as to Sweet James Accident Attorneys d/b/a Sweet James and James Bergener, individually, re:1 Complaint,. Document filed by Belsito Communications Inc. d/b/a The Legal Advocate..(Stafford, Daniel) |
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| 2 | 2
misc
AO 121 Form Copyright - Notice of Submission by Attorney
Wed 09/28 11:28 AM
AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review..(Stafford, Daniel) |
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| 1 | 1
cmp
Complaint
Wed 09/28 10:36 AM
COMPLAINT against James Bergener, Sweet James Accident Attorneys. (Filing Fee $ 402.00, Receipt Number ANYSDC-26741951)Document filed by Belsito Communications Inc. d/b/a The Legal Advocate..(Stafford, Daniel) |
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Att: 1
Exhibit Terms of Use,
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Att: 2
Civil Cover Sheet Civil Cover Sheet
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