Edmonds v. Resort Lifestyle Communities, Inc.
| Florida Middle District Court | |
| Judge: | John E Steele |
| Referred: | Kyle C Dudek |
| Case #: | 2:23-cv-00636 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 15:0002(a) Fair Labor Standards Act |
| Case Filed: | Aug 17, 2023 |
| Terminated: | Feb 10, 2025 |
| Last checked: Tuesday Feb 13, 2024 3:27 AM EST |
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Defendant
Bradford Square Retirement Community, LLC, a Nebraska Limited Liability Company
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Represented By
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Plaintiff
Ebron Edmonds
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Represented By
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| TERMINATED PARTIES | |
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Defendant
Resort Lifestyle Communities, Inc.
Terminated: 12/13/2023
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Represented By
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| Docket last updated: 4 hours ago |
| Monday, February 10, 2025 | ||
| 43 | 43
notice
Notice to Counsel of Local Rule
Mon 02/10 3:34 PM
NOTICE of Local Rule 1.11(e), which provides that, unless an order states another time, a seal under Rule 1.11 expires ninety days after a case is closed and all appeals are exhausted. To prevent the content of a sealed item from appearing on the docket after the seal expires, a party or interested non-party must move for relief before the seal expires. (Signed by Deputy Clerk). (LD) |
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| 42 | 42
misc
Judgment
Mon 02/10 3:28 PM
JUDGMENT dismissing this case without prejudice. ( Signed by Deputy Clerk) (LD) |
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| 41 | 41
2
pgs
order
Order on Report and Recommendations
Mon 02/10 10:39 AM
OPINION AND ORDER adopting 40 Report and Recommendations. The Clerk shall enter judgment dismissing the case without prejudice and close the file. Signed by Judge John E. Steele on 2/10/2025. (RKR) |
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| Thursday, January 23, 2025 | ||
| 40 | 40
motion
Report and Recommendations
Thu 01/23 4:57 PM
REPORT AND RECOMMENDATION re 23 Amended Complaint filed by Ebron Edmonds. Edmonds has ignored the Court's order, refused to answer outstanding discovery, and avoided defense counsel's attempts to discuss the matter. In short, he has not diligently prosecuted this case. These actions show a lack of interest. Thus, the Court should dismiss this matter without prejudice. Signed by Magistrate Judge Kyle C. Dudek on 1/23/2025. (CGW) |
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| Friday, January 03, 2025 | ||
| 39 | 39
2
pgs
order
Order
Fri 01/03 10:34 AM
ORDER TO SHOW CAUSE. By January 17, 2025, Edmonds must file a notice explaining why he has not been in contact with defense counsel and whether he intends to prosecute this case. Failure to do so could result in a recommendation that this case be dismissed for failure to prosecute. Because the email address that the Court has for Edmonds (ebron2022@hotmail.com) does not appear to be working, the Clerk is directed to remove this email from the docket and mail all future Court filings to Edmonds. Signed by Magistrate Judge Kyle C. Dudek on 1/3/2025. (Dudek, Kyle) |
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| Friday, December 13, 2024 | ||
| 38 | 38
order
Order
Fri 12/13 12:48 PM
ENDORSED ORDER. Plaintiff Ebron Edmonds was directed to answer outstanding discovery and file a notice explaining why he has not been in contact with defense counsel and whether he intends to prosecute this case by 12/9/2024. (Doc. 37.) He did not. By 12/30/2024, Edmonds must comply with the Court's prior Order (Doc. 37). If Edmonds again does nothing, the undersigned will recommend that this case be dismissed. Signed by Magistrate Judge Kyle C. Dudek on 12/13/2024. (DM) |
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| Monday, November 25, 2024 | ||
| 37 | 37
3
pgs
order
Order on Motion to Compel
Mon 11/25 3:44 PM
ORDER granting 30 Motion to Compel discovery responses. By December 9, 2024, Plaintiff Ebron Edmonds must answer the outstanding discovery. By December 9, 2024, Edmonds must also file a notice explaining why he has not been in contact with defense counsel and whether he intends to prosecute this case. Failure to do so could result in a recommendation that this case be dismissed for failure to prosecute. Signed by Magistrate Judge Kyle C. Dudek on 11/25/2024. (CGW) |
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| Wednesday, November 20, 2024 | ||
| 36 | 36
order
Order
Wed 11/20 9:50 AM
ENDORSED ORDER requiring Plaintiff Ebron Edmonds to show cause as to: (1) why he failed to respond to the motion to compel (Doc. 30) within the time required by M.D. Fla. R. 3.01(c); and (2) why the motion should not be granted. No later than 11/26/2024, Ebron must file a written response to this Order and respond in writing to the pending motion (Doc. 30). Ebron is warned that failure to comply fully with this Order will result in the Court deeming the motion to be unopposed and considering the motion on its merits without a response. Signed by Magistrate Judge Kyle C. Dudek on 11/20/2024. (DM) |
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| Thursday, November 14, 2024 | ||
| 35 | 35
order
Case Management Scheduling Order
Thu 11/14 2:20 PM
AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Dispositive motions due by 1/24/2025; Pretrial statement due by 7/11/2025; All other motions due by 7/7/2025; Final Pretrial Conference set for 7/25/2025 at 09:30 AM in Ft. Myers Courtroom 6 A before Judge John E. Steele; Jury Trial set for 8/4/2025 trial term in Ft. Myers Courtroom 6 A before Judge John E. Steele. Conduct mediation hearing by 1/3/2025. Lead counsel to coordinate dates. Signed by Magistrate Judge Kyle C. Dudek on 11/14/2024. (CGW) |
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| Tuesday, November 12, 2024 | ||
| 34 | 34
respoth
Response
Tue 11/12 4:22 PM
RESPONSE re 31 Order dated November 8, 2024 filed by Bradford Square Retirement Community, LLC, a Nebraska Limited Liability Company. (Smith, Jeremy) |
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| 33 | 33
order
Order on Motion for Extension of Time to File
Tue 11/12 9:31 AM
ENDORSED ORDER granting in part and denying in part 32 Defendant's Unopposed Motion for Extension of Time to Mediate. The motion is denied to the extent it seeks an indefinite extension. Instead, the Court grants a 60-day extension of the mediation deadline. A new case management and scheduling order will follow. Signed by Magistrate Judge Kyle C. Dudek on 11/12/2024. (BLW) |
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| Friday, November 08, 2024 | ||
| 32 | 32
motion
Extension of Time to File
Fri 11/08 4:53 PM
Unopposed MOTION for Extension of Time to File MOTION TO EXTEND MEDIATION DEADLINE by Bradford Square Retirement Community, LLC, a Nebraska Limited Liability Company, Resort Lifestyle Communities, Inc.. (Smith, Jeremy) |
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| 31 | 31
order
Order
Fri 11/08 1:10 PM
ENDORSED ORDER. Defendant Bradford Square Retirement Community, LLC, failed to supplement the 3.01(g) certification included in its recent motion (Doc. 30). Local Rule 3.01(g)(3) requires a party to do so within three days. By 11/12/2024, Defendant must SHOW CAUSE as to why it failed to comply with Local Rule 3.01(g) and why its motion should not be denied as a result. Defendant may alternatively discharge this show cause order by properly supplementing by the same date. Signed by Magistrate Judge Kyle C. Dudek on 11/8/2024. (DM) |
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| Friday, November 01, 2024 | ||
| 30 | 30
motion
Compel
Fri 11/01 7:56 PM
MOTION to Compel (1) Discovery Responses and (2) Extend the Discovery Deadline by Bradford Square Retirement Community, LLC, a Nebraska Limited Liability Company, Resort Lifestyle Communities, Inc..(Smith, Jeremy) |
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Att: 1
Exhibit 1 - Declaration of Jeremy D. Smith,
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Att: 2
Exhibit A - a true and accurate copy of my service email with attachments,
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Att: 3
Exhibit B - Letter to Mr. Edmonds sent via Certified Mail on October 2, 2024 with attachments,
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Att: 4
Exhibit C - Exhibit C-1 - is the current USPS tracking status for the October 2, 2024 letter as of the date of this declaration Exhibit C-2 - includes a screenshot of the USPS tracking status for the October 2, 2024 letter as of October 9, 2024,
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Att: 5
Exhibit D - a copy of the October 2, 2024 email (which is the letter and attachments attached as Exhibit B) to Mr. Edmonds,
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Att: 6
Exhibit E - Email indicating that the email could not be delivered to this email address (ebron2002@hotmail.com)
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| Thursday, August 22, 2024 | ||
| 29 | 29
order
Order on Motion to Withdraw as Attorney
Thu 08/22 9:17 AM
ENDORSED ORDER granting 28 Motion to Withdraw Attorney Appearance. Although the motion fails to comply fully with M.D. Fla. Rs. 2.02(c) and 3.01(g), the Court accepts the motion as filed in the interests of judicial economy and efficiency. Attorney Christoper M. Jones has no further responsibility in this case. The Clerk of Court is directed to terminate Jones as counsel of record in this case and to remove him from the electronic service list in CM/ECF. Signed by Magistrate Judge Kyle C. Dudek on 8/22/2024. (BLW) |
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| Wednesday, August 21, 2024 | ||
| 28 | 28
motion
Withdraw as Attorney
Wed 08/21 2:43 PM
MOTION for Christopher M. Jones to Withdraw as Attorney by Resort Lifestyle Communities, Inc.. (Jones, Christopher) |
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| Friday, April 26, 2024 | ||
| 27 | 27
order
Order
Fri 04/26 10:53 AM
ENDORSED ORDER directing the Clerk to lift the stay (Doc. 26). All deadlines in the Case Management and Scheduling Order (Doc. 19) remain in effect. Signed by Magistrate Judge Kyle C. Dudek on 4/26/2024. (DM) |
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| Tuesday, March 26, 2024 | ||
| 26 | 26
2
pgs
order
Order on Motion to Withdraw as Attorney
Tue 03/26 4:13 PM
ORDER granting 25 Motion to Withdraw as Attorney. Attorney Yormak shall have no further responsibility in this action. The Clerk is directed to terminate him and remove him from the electronic service list in CM/ECF for this case. The Clerk is directed to add this address to the docket for Plaintiff and mail Plaintiff a copy of this Order: Ebron Edmonds, 12331 McGregor Palms Drive, Fort Myers, Florida 33908, ebron2002@hotmail.com, (239) 309-8019. No later than April 25, 2024, Ebron Edmonds may retain new counsel and have counsel file a notice of appearance in this case. If no notice is filed, the Court assumes that Plaintiff intends to proceed pro se, which is without the benefit of counsel. The deadlines in the Case Management and Scheduling Order (Doc. 19) are stayed pending further order. The Court will reset the deadlines, if necessary. Signed by Magistrate Judge Kyle C. Dudek on 3/26/2024. (CGW) |
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| Monday, March 25, 2024 | ||
| 25 | 25
motion
Withdraw as Attorney
Mon 03/25 8:53 AM
Unopposed MOTION for Benjamin H. Yormak, Esq. to Withdraw as Attorney by Ebron Edmonds. (Yormak, Benjamin) |
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| Wednesday, December 27, 2023 | ||
| 24 | 24
answer
Answer to amended complaint
Wed 12/27 2:57 PM
ANSWER and affirmative defenses to 23 Amended Complaint by Bradford Square Retirement Community, LLC, a Nebraska Limited Liability Company.(Smith, Jeremy) |
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| Wednesday, December 13, 2023 | ||
| 23 | 23
cmp
Amended Complaint
Wed 12/13 5:16 PM
AMENDED COMPLAINT against Bradford Square Retirement Community, LLC, a Nebraska Limited Liability Company with Jury Demand. filed by Ebron Edmonds. Related document: 1 Complaintfiled by Ebron Edmonds.(Yormak, Benjamin) |
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| 22 | 22
order
Order on Motion to Amend / Correct / Modify / Supplement
Wed 12/13 5:13 PM
ENDORSED ORDER granting 21 Plaintiff's unopposed motion to amend. An amended pleading--other than one filed as of right under Rule 15(a)(1)--can be filed without the court's leave by noting in the amended pleading itself or certifying in a contemporaneously filed notice that it is filed by consent. See Fed. R. Civ. P. 15(a)(2). Plaintiff is directed to file his amended pleading as a separate docket entry. Signed by Magistrate Judge Kyle C. Dudek on 12/13/2023. (Dudek, Kyle) |
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| 21 | 21
motion
Amend / Correct / Modify / Supplement
Wed 12/13 3:14 PM
Unopposed MOTION to Amend1 Complaint by Ebron Edmonds.(Yormak, Benjamin) |
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Att: 1
Exhibit 1 - Amended Complaint
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| Monday, November 13, 2023 | ||
| 19 | 19
order
Case Management Scheduling Order
Mon 11/13 1:51 PM
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 12/13/2023; Joinder of Parties due by 12/13/2023; Discovery due by 11/1/2024; Dispositive motions due by 11/29/2024; Pretrial statement due by 5/16/2025; All other motions due by 5/12/2025; Plaintiff disclosure of expert report due by 8/3/2024; Defendant disclosure of expert report due by 9/2/2024; Final Pretrial Conference set for 5/30/2025 at 09:30 AM in Ft. Myers Courtroom 6 A before Judge John E. Steele; Jury Trial set for 6/2/2025 trial term in Ft. Myers Courtroom 6 A before Judge John E. Steele. Conduct mediation hearing by 11/8/2024. Lead counsel to coordinate dates. Signed by Magistrate Judge Kyle C. Dudek on 11/13/2023. (CGW) |
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| 18 | 18
minutes
Preliminary pretrial conference
Mon 11/13 12:48 PM
Minute Entry. Virtual Proceedings held before Magistrate Judge Kyle C. Dudek: PRELIMINARY PRETRIAL CONFERENCE held on 11/13/2023. (Digital) (CGW) |
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| 17 | 17
order
Order on Motion to Appear Pro Hac Vice
Mon 11/13 10:32 AM
ENDORSED ORDER granting 16 Unopposed Motion for Christopher M. Jones to specially appear to represent Defendant, which complies with Local Rule 2.01(c). Unless non-resident attorney Jones already has CM/ECF filing credentials for the Middle District of Florida, he shall submit an E-Filer Registration Form within fourteen days of the date of this order. Failure to complete this step may cause the court to revoke its permission to appear specially without further notice. Signed by Magistrate Judge Kyle C. Dudek on 11/13/2023. (BLW) |
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| Friday, November 10, 2023 | ||
| 16 | 16
motion
Appear Pro Hac Vice
Fri 11/10 2:22 PM
Unopposed MOTION for Christopher M. Jones, Esq. to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21450981 for $150 by Resort Lifestyle Communities, Inc.. (Holmes, Brandon) |
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| Thursday, November 09, 2023 | ||
| 15 | 15
order
Order on Motion to Appear Pro Hac Vice
Thu 11/09 4:23 PM
ENDORSED ORDER granting 14 Unopposed Motion for Jeremy D. Smith to specially appear to represent Defendant, which complies with Local Rule 2.01(c). Unless non-resident attorney Smith already has CM/ECF filing credentials for the Middle District of Florida, he shall submit an E-Filer Registration Form within fourteen days of the date of this order. Failure to complete this step may cause the court to revoke its permission to appear specially without further notice. Signed by Magistrate Judge Kyle C. Dudek on 11/9/2023. (BLW) |
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| 14 | 14
motion
Appear Pro Hac Vice
Thu 11/09 3:54 PM
MOTION for Jeremy David Smith to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21449505 for $150 by Resort Lifestyle Communities, Inc.. (Smith, Jeremy) |
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| Tuesday, November 07, 2023 | ||
| 13 | 13
misc
Case Management Report
Tue 11/07 3:08 PM
CASE MANAGEMENT REPORT. (Yormak, Benjamin) |
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| Friday, September 29, 2023 | ||
| 12 | 12
notice
Notice of hearing
Fri 09/29 10:55 AM
NOTICE of hearing: Preliminary Pretrial Conference set for 11/13/2023 at 09:15 AM via Zoom Video Conference before Magistrate Judge Kyle C. Dudek. Case Management Report due by 11/7/2023. Zoom instructions will be sent via separate email to counsel of record. (CGW) |
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| Thursday, September 28, 2023 | ||
| 11 | 11
misc
Corporate Disclosure Statement
Thu 09/28 10:18 AM
CORPORATE Disclosure Statement by Resort Lifestyle Communities, Inc. identifying Corporate Parent Bradford Square Retirement Community, LLC, a Nebraska Limited Liability Company for Resort Lifestyle Communities, Inc. (Holmes, Brandon) Modified on 9/28/2023 (CTR) |
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| 10 | 10
answer
Answer to Complaint
Thu 09/28 10:12 AM
ANSWER and affirmative defenses to 1 Complaint by Resort Lifestyle Communities, Inc.(Holmes, Brandon) Modified on 9/28/2023 (CTR) |
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| 9 | 9
notice
Notice of Lead Counsel Designation
Thu 09/28 10:03 AM
NOTICE of Lead Counsel Designation by Brandon Todd Holmes on behalf of Resort Lifestyle Communities, Inc. Lead Counsel: Brandon T. Holmes. (Holmes, Brandon) Modified on 9/28/2023 (CTR) |
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| Friday, September 15, 2023 | ||
| 8 | 8
service
Summons returned executed
Fri 09/15 11:25 AM
RETURN of service executed on 9/7/2023 by Ebron Edmonds as to Resort Lifestyle Communities, Inc.. (Yormak, Benjamin) |
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| Monday, August 21, 2023 | ||
| 7 | 7
order
Civil Action Order
Mon 08/21 10:54 AM
CIVIL Action Order. Signed by All Divisional Judges on 8/21/2023. (CGW) |
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| Friday, August 18, 2023 | ||
| 6 | 6
service
Summons issued
Fri 08/18 10:21 AM
SUMMONS issued as to Resort Lifestyle Communities, Inc.. (HAI) |
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| Thursday, August 17, 2023 | ||
| 5 | 5
utility
Case Assigned/Reassigned
Fri 08/18 8:30 AM
NEW CASE ASSIGNED to Judge John E. Steele and Magistrate Judge Kyle C. Dudek. New case number: 2:23-cv-636-JES-KCD. (ABC) |
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| 4 | 4
notice
Notice of Lead Counsel Designation
Thu 08/17 11:33 PM
NOTICE of Lead Counsel Designation by Benjamin H. Yormak on behalf of Ebron Edmonds. Lead Counsel: Benjamin H. Yormak, Esq.. (Yormak, Benjamin) |
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| 3 | 3
misc
Certificate of Interested Persons and Corporate Disclosure Statement
Thu 08/17 11:31 PM
CERTIFICATE of interested persons and corporate disclosure statement by Ebron Edmonds. (Yormak, Benjamin) |
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| 2 | 2
notice
Notice of a Related Action
Thu 08/17 11:31 PM
NOTICE of a related action per Local Rule 1.07(c) by Ebron Edmonds. Related case(s): No (Yormak, Benjamin) |
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| 1 | 1
cmp
Complaint
Thu 08/17 10:27 PM
COMPLAINT against Resort Lifestyle Communities, Inc. with Jury Demand (Filing fee $402 receipt number BFLMDC-21162383) filed by Ebron Edmonds.(Yormak, Benjamin) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Proposed Summons
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