Leebcor Services, LLC v. U.S. Army Corps of Engineers, USA et al
| North Carolina Eastern District Court | |
| Judge: | Terrence W Boyle |
| Referred: | Robert T Numbers, II |
| Case #: | 5:23-cv-00070 |
| Nature of Suit | 890 Other Statutes - Other Statutory Actions |
| Cause | 05:0701 Maritime Subsidy Board |
| Case Filed: | Feb 15, 2023 |
| Terminated: | Aug 01, 2023 |
| Last checked: Monday Aug 14, 2023 7:01 AM EDT |
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Defendant
U.S. Army Corps of Engineers, USA
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Represented By
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Defendant
Benjamin A. Bennett
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Represented By
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Defendant
Colonel Robert J. Clark
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Represented By
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Defendant
Daniel H. Hibner
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Represented By
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Defendant
John Hill
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Represented By
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Defendant
Scott A. Spellmon
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Represented By
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Defendant
Christine Wormuth
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Represented By
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Plaintiff
Leebcor Services, LLC
430 McLaws Circle
Williamsburg, VA 23185 |
Represented By
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| Docket last updated: 05/23/2025 11:59 PM EDT |
| Wednesday, November 29, 2023 | ||
| 36 | 36
appeal
USCA Mandate
Wed 11/29 3:59 PM
MANDATE of US Court of Appeals as to29 Notice of Appeal, filed by Leebcor Services, LLC. (Foell, S.) |
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| 35 | 35
appeal
USCA Order
Wed 11/29 3:47 PM
ORDER of US Court of Appeals granting motion to voluntarily dismiss appeal as to29 Notice of Appeal, filed by Leebcor Services, LLC. (Foell, S.) |
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| Tuesday, September 05, 2023 | ||
| 34 | 34
misc
Transcript
Tue 09/05 11:58 AM
OFFICIAL TRANSCRIPT of Proceedings held on 7/28/2023, Motion Hearing, before Judge Terrence W. Boyle. Court Reporter/ Carolyn High, Telephone number 919-630-2987, cissyhigh@nc.rr.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's[LINK:website] Redaction Request due 9/29/2023. Redacted Transcript Deadline set for 10/9/2023. Release of Transcript Restriction set for 12/7/2023. (Foell, S.) |
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| Monday, August 14, 2023 | ||
| 33 | 33
appeal
USCA Order
Mon 08/14 4:18 PM
ORDER of US Court of Appeals as to29 Notice of Appeal, filed by Leebcor Services, LLC. Upon review of submissions relative to appellant's motion for injunction pending appeal and request for expedited briefing schedule, the court denies the motion. (Foell, S.) |
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| Monday, August 07, 2023 | ||
| 32 | 32
appeal
USCA Case Number
Mon 08/07 11:51 AM
US Court of Appeals Case Number 23-1814 (Emily Borneisen, Case Manager) as to29 Notice of Appeal, filed by Leebcor Services, LLC. (Foell, S.) |
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| Wednesday, August 02, 2023 | ||
| 30 | 30
appeal
Transmission of Notice of Appeal and Docket Sheet to USCA
Wed 08/02 12:32 PM
Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals regarding29 Notice of Appeal,. (Foell, S.) |
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| 29 | 29
appeal
Notice of Appeal -Final Judgment
Wed 08/02 12:03 PM
Notice of Appeal filed by Leebcor Services, LLC as to28 Judgment,27 Order on Motion for Preliminary Injunction, Order on Motion to Dismiss/Lack of Jurisdiction, Order on Motion to Dismiss for Failure to State a Claim. Filing fee, receipt number 500005277. (Walker, Suzanne) |
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misc
Filing Fee Received
Thu 08/03 12:17 PM
Filing fee received: $ 505.00, receipt number 500005277. (Stouch, L.) |
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| Tuesday, August 01, 2023 | ||
| 28 | 28
order
Judgment
Tue 08/01 12:50 PM
JUDGMENT - IT IS ORDERED, ADJUDGED AND DECREED that defendants motion to dismiss [DE 18] is GRANTED. Plaintiffs complaint is DISMISSED for lack of subject matter jurisdiction. Plaintiffs motion for preliminary injunction [DE 3] is therefore DENIED AS MOOT. This case is closed. Signed by deputy clerk for Peter A. Moore, Jr., Clerk of Court on 8/1/2023. (Stouch, L.) |
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| 27 | 27
6
pgs
order
Order on Motion for Preliminary Injunction Order on Motion to Dismiss/Lack of Jurisdiction Order on Motion to Dismiss for Failure to State a Claim
Tue 08/01 12:30 PM
ORDER - granting18 Motion to Dismiss for Failure to State a Claim; denying as moot3 Motion for Preliminary Injunction. Signed by District Judge Terrence W. Boyle on 7/31/2023. (Stouch, L.) |
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| Friday, July 28, 2023 | ||
| 26 | 26
minutes
Motion Hearing
Fri 07/28 1:17 PM
Minute Entry for proceedings held in Raleigh, NC before District Judge Terrence W. Boyle: Motion Hearing held on 7/28/2023. All parties present and ready to proceed. Oral argument held. Written order to follow. (Court Reporter Cissy High, High Reporting) (Stouch, L.) |
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| Friday, July 07, 2023 | ||
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utility
Set/Reset Motion and M&R Hearings
Fri 07/07 3:59 PM
Set Hearing: Motions Hearing set for 7/28/2023 at 10:00 AM in Raleigh - 7th Floor - Courtroom 2 before District Judge Terrence W. Boyle. (Stouch, L.) |
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| Thursday, June 15, 2023 | ||
| 25 | 25
1
pgs
order
Order on Motion to Continue
Thu 06/15 5:01 PM
ORDER granting24 Motion to Continue. Signed by District Judge Terrence W. Boyle on 6/15/2023. (Stouch, L.) |
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utility
Motion Submitted
Thu 06/15 11:22 AM
Motion Submitted to District Judge Terrence W. Boyle regarding24 Joint MOTION to Continue Hearing . (Stouch, L.) |
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| Wednesday, June 14, 2023 | ||
| 24 | 24
motion
Continue
Wed 06/14 2:05 PM
Joint MOTION to Continue Hearing filed by Benjamin A. Bennett, Robert J. Clark, Daniel H. Hibner, John Hill, Scott A. Spellmon, U.S. Army Corps of Engineers, USA, Christine Wormuth. (Higgins, Benjamin) |
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Att: 1
Text of Proposed Order
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| Tuesday, June 13, 2023 | ||
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utility
Set/Reset Motion and M&R Hearings
Tue 06/13 2:35 PM
Set Hearing: Motions Hearing set for 6/20/2023 at 02:00 PM in Raleigh - 7th Floor - Courtroom 2 before District Judge Terrence W. Boyle. (Stouch, L.) |
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| Monday, June 12, 2023 | ||
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utility
Motion Submitted
Mon 06/12 11:59 AM
Motion Submitted to District Judge Terrence W. Boyle regarding18 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM,3 MOTION for Preliminary Injunction. (Stouch, L.) |
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| Monday, June 05, 2023 | ||
| 23 | 23
respm
Reply to Response to Motion
Mon 06/05 8:24 AM
REPLY to Response to Motion regarding18 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Benjamin A. Bennett, Robert J. Clark, Daniel H. Hibner, John Hill, Scott A. Spellmon, U.S. Army Corps of Engineers, USA, Christine Wormuth. (Higgins, Benjamin) |
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| Monday, May 22, 2023 | ||
| 22 | 22
respm
Response in Opposition to Motion
Mon 05/22 4:18 PM
RESPONSE in Opposition regarding18 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Leebcor Services, LLC. (Walker, Suzanne) |
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| Monday, May 15, 2023 | ||
| 21 | 21
10
pgs
respoth
Memorandum in Support
Mon 05/15 3:16 PM
Memorandum in Support regarding4 Memorandum in Support,20 Response in Opposition to Motion,3 MOTION for Preliminary Injunction filed by Leebcor Services, LLC. (Walker, Suzanne) |
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| Monday, May 01, 2023 | ||
| 20 | 20
respm
Response in Opposition to Motion
Mon 05/01 10:10 AM
RESPONSE in Opposition regarding3 MOTION for Preliminary Injunction filed by Benjamin A. Bennett, Robert J. Clark, Daniel H. Hibner, John Hill, Scott A. Spellmon, U.S. Army Corps of Engineers, USA, Christine Wormuth. (Higgins, Benjamin) |
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| 19 | 19
14
pgs
respoth
Memorandum in Support
Mon 05/01 10:08 AM
Memorandum in Support regarding18 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Benjamin A. Bennett, Robert J. Clark, Daniel H. Hibner, John Hill, Scott A. Spellmon, U.S. Army Corps of Engineers, USA, Christine Wormuth. (Higgins, Benjamin) |
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Att: 1
Exhibit 1: Contract,
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Att: 2
Exhibit 2: Declaration J HIll,
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Att: 3
Exhibit 3: FAR disputes,
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Att: 4
Exhibit 4: Leebcor Claim
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| 18 | 18
motion
Dismiss/Lack of Jurisdiction Dismiss for Failure to State a Claim
Mon 05/01 10:01 AM
MOTION to Dismiss for Lack of Jurisdiction , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Benjamin A. Bennett, Robert J. Clark, Daniel H. Hibner, John Hill, Scott A. Spellmon, U.S. Army Corps of Engineers, USA, Christine Wormuth. (Higgins, Benjamin) |
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| 17 | 17
notice
Notice of Substitution of Counsel
Mon 05/01 9:58 AM
Notice of Substitution of Counsel filed by Benjamin J Higgins on behalf of Benjamin A. Bennett, Robert J. Clark, Daniel H. Hibner, John Hill, Scott A. Spellmon, U.S. Army Corps of Engineers, USA, Christine Wormuth substituting for Chelsea W Draper. (Higgins, Benjamin) |
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| Tuesday, March 14, 2023 | ||
| 16 | 16
service
Affidavit of Service
Tue 03/14 11:45 AM
Affidavit of Service for Summons, Civil Cover Sheet, Complaint with Exhibits, Notice of Appearance of Suzanne R. Walker, Plaintiff's Motion for Preliminary Injunction, Memorandum in Support of Plaintiff's Motion for Preliminary Injunction, Disclosure of Corporae Affiliations and Other Entities with a Direct Financial Interest filed by Leebcor Services, LLC served on USA c/o Attorney General of United States on March 7, 2023. (Burns, Patrick) |
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| Friday, March 10, 2023 | ||
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service
Affidavit of Service
Fri 03/10 5:21 PM
Affidavit of Service for Summons, Civil Cover Sheet, Complaint with Exhibits, Notice of Appearance of Suzanne R. Walker, Plaintiff's Motion for Preliminary Injunction, Memorandum in Support of Plaintiff's Motion for Preliminary Injunction, Disclosure of Corporae Affiliations and Other Entities with a Direct Financial Interest filed by Leebcor Services, LLC served on Lt. General Scott A. Spellman on March 6, 2023. (Burns, Patrick) |
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| 14 | 14
service
Affidavit of Service
Fri 03/10 10:04 AM
Affidavit of Service for Summons, Civil Cover Sheet, Complaint with Exhibits, Notice of Appearance of Suzanne R. Walker, Plaintiff's Motion for Preliminary Injunction, Memorandum in Support of Plaintiff's Motion for Preliminary Injunction, Disclosure of Corporae Affiliations and Other Entities with a Direct Financial Interest filed by Leebcor Services, LLC served on Brigadier General Daniel H. Hibner on March 2, 2023. (Burns, Patrick) |
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| Tuesday, March 07, 2023 | ||
| 13 | 13
service
Affidavit of Service
Tue 03/07 3:18 PM
Affidavit of Service for Summons, Civil Cover Sheet, Complaint with Exhibits, Notice of Appearance of Suzanne R. Walker, Plaintiff's Motion for Preliminary Injunction, Memorandum in Support of Plaintiff's Motion for Preliminary Injunction, Disclosure of Corporae Affiliations and Other Entities with a Direct Financial Interest filed by Leebcor Services, LLC served on Christine Wormuth on March 1, 2023. (Burns, Patrick) |
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| 12 | 12
service
Affidavit of Service
Tue 03/07 12:03 PM
Affidavit of Service for Summons, Civil Cover Sheet, Complaint with Exhibits, Notice of Appearance of Suzanne R. Walker, Plaintiff's Motion for Preliminary Injunction, Memorandum in Support of Plaintiff's Motion for Preliminary Injunction, Disclosure of Corporae Affiliations and Other Entities with a Direct Financial Interest filed by Leebcor Services, LLC served on Colonel Benjamin A. Bennett on March 1, 2023. (Burns, Patrick) |
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| 11 | 11
service
Affidavit of Service
Tue 03/07 12:01 PM
Affidavit of Service for Summons, Civil Cover Sheet, Complaint with Exhibits, Notice of Appearance of Suzanne R. Walker, Plaintiff's Motion for Preliminary Injunction, Memorandum in Support of Plaintiff's Motion for Preliminary Injunction, Disclosure of Corporae Affiliations and Other Entities with a Direct Financial Interest filed by Leebcor Services, LLC served on Office of US Attorney c/o Civil Process Clerk on March 1, 2023. (Burns, Patrick) |
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| 10 | 10
service
Affidavit of Service
Tue 03/07 11:58 AM
Affidavit of Service for Summons, Civil Cover Sheet, Complaint with Exhibits, Notice of Appearance of Suzanne R. Walker, Plaintiff's Motion for Preliminary Injunction, Memorandum in Support of Plaintiff's Motion for Preliminary Injunction, Disclosure of Corporae Affiliations and Other Entities with a Direct Financial Interest filed by Leebcor Services, LLC served on Colonel Robert J. Clark on March 1, 2023. (Burns, Patrick) |
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| 9 | 9
service
Affidavit of Service
Tue 03/07 11:56 AM
Affidavit of Service for Summons, Civil Cover Sheet, Complaint with Exhibits, Notice of Appearance of Suzanne R. Walker, Plaintiff's Motion for Preliminary Injunction, Memorandum in Support of Plaintiff's Motion for Preliminary Injunction, Disclosure of Corporae Affiliations and Other Entities with a Direct Financial Interest filed by Leebcor Services, LLC served on Johnn T.C. Hill on March 1, 2023. (Burns, Patrick) |
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| 8 | 8
notice
Notice of Special Appearance
Tue 03/07 10:43 AM
Notice of Special Appearance for non-district by Patrick Kevin Burns on behalf of Leebcor Services, LLC. (Burns, Patrick) |
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| Wednesday, March 01, 2023 | ||
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utility
Motion Submitted
Wed 03/01 11:23 AM
Motion Submitted to District Judge Terrence W. Boyle regarding3 MOTION for Preliminary Injunction. (Stouch, L.) |
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| Thursday, February 23, 2023 | ||
| 7 | 7
service
Summons Issued
Thu 02/23 2:30 PM
Summons Issued as to Benjamin A. Bennett, Robert J. Clark, Daniel H. Hibner, John Hill, Scott A. Spellmon, U.S. Army Corps of Engineers, USA, Christine Wormuth, Attorney General, US Attorney. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Rudd, D.) |
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notice
Notice to Counsel
Thu 02/23 2:11 PM
Notice to Counsel regarding:1 Complaint. Counsel did not properly identify attachments pursuant to Section V.E. of the CM/ECF Policies and Procedures Manual. Attachments must be clearly labeled (i.e., "Exhibit 1" is not a sufficient description). Additionally, when filing a document with more than five attachments, the first attachment must be an index of all of the subsequent attached documents. No further action is needed. (Rudd, D.) |
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| Thursday, February 16, 2023 | ||
| 6 | 6
cmp
Complaint
Thu 02/16 9:46 AM
COMPLAINT Corrected against Brigadier General Daniel H. Hibner, Commander, South Atlantic Division, U.S. Army Corps of Engineers, in His Official Capacity, Honorable Christine Wormuth, Secretary of the Army, in Her Official Capacity, John Hill, Chief, Military Branch, Wilmington District, U.S. Army Corps of Engineers, in His Official Capacity, Lieutenant General Scott A. Spellmon, U.S. Army Chief of Engineers, in His Official Capacity, U.S. Army Corps of Engineers, USA, Colonel Benjamin A. Bennett, Commander, Wilmington District, U.S. Army Corps of Engineers, in His Official Capacity ( Filing fee $ 402 receipt number ANCEDC-6947803.), filed by Leebcor Services, LLC. (Walker, Suzanne) |
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Att: 1
Proposed Summons
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| Wednesday, February 15, 2023 | ||
| 5 | 5
misc
Financial Disclosure Statement
Wed 02/15 3:22 PM
Financial Disclosure Statement by Leebcor Services, LLC (Walker, Suzanne) |
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| 4 | 4
7
pgs
respoth
Memorandum in Support
Wed 02/15 3:20 PM
Memorandum in Support Plaintiff's Motion for Preliminary Injunction filed by Leebcor Services, LLC. (Walker, Suzanne) |
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| 3 | 3
motion
Preliminary Injunction
Wed 02/15 3:17 PM
MOTION for Preliminary Injunction filed by Leebcor Services, LLC. (Walker, Suzanne) |
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| 2 | 2
notice
Notice of Appearance
Wed 02/15 3:15 PM
Notice of Appearance filed by Suzanne R. Walker on behalf of Leebcor Services, LLC. (Walker, Suzanne) |
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| 1 | 1
9
pgs
cmp
Complaint
Wed 02/15 3:12 PM
COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ANCEDC-6947803.), filed by Leebcor Services, LLC. (Walker, Suzanne) |
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Att: 1
Exhibit Exhibit 1,
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Att: 2
Exhibit Exhibit 2,
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Att: 3
Civil Cover Sheet,
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Att: 4
Proposed Summons,
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Att: 5
Proposed Summons,
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Att: 6
Proposed Summons,
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Att: 7
Proposed Summons,
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Att: 8
Proposed Summons,
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Att: 9
Proposed Summons,
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Att: 10
Proposed Summons
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