Lirones v. Leaf Home Water Solutions, LLC
| Ohio Northern District Court | |
| Judge: | Bridget Meehan Brennan |
| Case #: | 5:23-cv-02087 |
| Nature of Suit | 485 Other Statutes - Telephone Consumer Protection Act |
| Cause | 47:227 Restrictions of Use of Telephone Equipment |
| Case Filed: | Oct 24, 2023 |
| Terminated: | Feb 14, 2025 |
| Last checked: Sunday Apr 21, 2024 5:33 AM EDT |
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Defendant
Leaf Home Water Solutions, LLC
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Represented By
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Plaintiff
Laural Lirones
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Represented By
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GPO
Sep 16 2024
Memorandum Opinion and Order: For the reasons stated herein, Defendant's motion to dismiss, or in the alternative, to certify for interlocutory appeal (Doc. No. 12) is DENIED. Judge Bridget Meehan Brennan on 9/16/24. (T,A) |
| Docket last updated: 2 hours ago |
| Friday, February 14, 2025 | ||
| 32 | 32
1
pgs
order
Order Dismissing Case Judgment
Fri 02/14 3:20 PM
Order of Dismissal: The Court is in receipt of the parties' Stipulation of Dismissal (Doc.31 ). Pursuant to Fed. R. Civ. P. 41(a), this case is DISMISSED with prejudice as to Plaintiff's individual claims, and this case is DISMISSED without prejudice as to any other member of the putative class. Each party to bear its own attorneys' fees and costs. IT IS SO ORDERED. Judge Bridget Meehan Brennan on 2/14/25. (T,A) |
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| Wednesday, February 12, 2025 | ||
| 31 | 31
notice
Stipulation (atty event)
Wed 02/12 9:49 AM
Proposed Stipulation of Dismissal filed by Laural Lirones. (Kaufman, Avi) |
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| Friday, December 06, 2024 | ||
| 30 | 30
minutes
~Util - Terminate Motions Protective Order
Fri 12/06 3:11 PM
Protective Order . Judge Bridget Meehan Brennan on 12/6/24. (T,A) |
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| Monday, December 02, 2024 | ||
| 29 | 29
2
pgs
motion
Order
Mon 12/02 11:10 AM
Joint Motion Entry of Stipulated Protective Order filed by Defendant Leaf Home Water Solutions, LLC. Related document(s)27 ,28 ,26 .(Cook, Nora) |
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Att: 1
Exhibit A - Stipulated Protective Order
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| Tuesday, November 12, 2024 | ||
| 28 | 28
3
pgs
order
Case Management Conference Plan/Order
Tue 11/12 5:42 PM
Case Management Conference Plan/Order: The parties are instructed to read the attached Order in its entirety. Case is assigned to the complex track, and deadlines have been established. Submission of proposed protective order: <>/2/2024; amended pleadings/joinder of parties without leave of Court: 12/16/2024 ; non-expert discovery: 6/30/2025 ; expert reports for party bearing the burden of proof: 7/31/2025 ; responsive expert reports: 8/29/2025 ; expert discovery: 9/30/2025 ; Plaintiff's motion for class certification: 10/10/2025 ; Defendant's response in opposition: 11/7/2025 ; Plaintiffs reply: 11/21/2025 ; and dispositive motions: 30 days after the Court's ruling on Plaintiff's Motion for Class Certification. A telephonic Status Conference is set for 4/16/2025 at 9:00 a.m. The Court will host the conference call and inform counsel by way of email of the telephone number for the conference. The parties shall dial into the Court's bridge line at least five minutes prior to the hearing. Judge Bridget Meehan Brennan on 11/12/24. (T,A) |
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minutes
Case Management Conference
Tue 11/12 5:35 PM
Minutes of proceedings [non-document] before Judge Bridget Meehan Brennan. A telephonic Case Management Conference was held on 11/12/2024. Attorney Avi Kaufman participated on behalf of Plaintiff. Attorneys Mark Eisen and Nora Cook participated on behalf of Defendant. Plaintiff will confirm by end of business today that initial disclosures in this matter have been exchanged. The parties indicated they are beginning settlement discussions and will consider mediation at a later time. The parties also discussed Defendant's potential request that class discovery be done on a sample basis first. A telephonic status conference is set for 4/16/2025 at 9:00 a.m. to discuss the status of discovery and the parties' positions as to mediation. The Court established additional deadlines as stated in the Court's Case Management Order. (Court Reporter: None.)Time: 20 minutes. (T,A) |
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| Wednesday, November 06, 2024 | ||
| 27 | 27
notice
Report of Parties Planning Meeting (atty event)
Wed 11/06 3:19 PM
Report of Parties' Planning Meeting Under Fed. R. Civ. P. 26(f) and L.R. 16.3(b)(3) - filed by Leaf Home Water Solutions, LLC. Related document(s)26 .(Eisen, Mark) |
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| Thursday, October 03, 2024 | ||
| 26 | 26
order
Case Management Conference Scheduling Order
Thu 10/03 9:28 AM
Case Management Conference Scheduling Order: A telephonic Case Management Conference is set for November 12, 2024, at 10:00 a.m. The Court will host the conference call and inform counsel by way of email of the telephone number for the conference. The parties shall dial into the Court's bridge line at least five minutes prior to the hearing. Judge Bridget Meehan Brennan on 10/3/2024.. (H,Ch) |
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Att: 1
Report of Parties' Planning Meeting,
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Att: 2
Letter from Chief Judge Lioi,
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Att: 3
Magistrate Consent Form,
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Att: 4
Standard for Discovery of Electronically Stored Information,
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Att: 5
Rule 30.1
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| Monday, September 16, 2024 | ||
| 25 | 25
16
pgs
order
Order on Motion to dismiss for failure to state a claim Order on Motion for order
Mon 09/16 2:01 PM
Memorandum Opinion and Order: For the reasons stated herein, Defendant's motion to dismiss, or in the alternative, to certify for interlocutory appeal (Doc. No.12 ) is DENIED. Judge Bridget Meehan Brennan on 9/16/24. (T,A) |
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| Friday, August 09, 2024 | ||
| 24 | 24
notice
Notice (atty event)
Fri 08/09 12:09 PM
Notice of Supplemental Authority filed by Laural Lirones.Related document(s)23 .(Kaufman, Avi) |
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Att: 1
Lyman v. Quinstreet Order
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| Wednesday, July 10, 2024 | ||
| 23 | 23
oth_ans
Response/Reply/Sur-Reply
Wed 07/10 3:50 PM
Response to Defendant's Supplemental Brief filed by Laural Lirones. Related document(s)22 . (Kaufman, Avi) |
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| 22 | 22
oth_ans
Brief
Wed 07/10 10:39 AM
Supplemental Brief of Defendant in Support of Motion to Dismiss filed by Leaf Home Water Solutions, LLC. Related document(s)12 . (Eisen, Mark) |
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| Tuesday, July 02, 2024 | ||
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order
Order on Motion for leave Order on Motion to lift stay
Tue 07/02 8:58 AM
Order [non-document] by Judge Bridget Meehan Brennan. Defendant's Motion to Lift Stay and for Supplemental Briefing is GRANTED in part. (Doc. No.21 .) The stay ordered on May 10, 2024 is hereby LIFTED and supplemental submissions may be filed by the parties. Defendant's request to limit lifting the stay only for the pending motion to dismiss is DENIED. (Id. at 4.) Defendant has until on or before July 10, 2024 , to submit a supplemental brief addressing Loper Bright Enterprises v. Raimondo, No. 22-1219 S. Ct., 2024 WL 3208360 (U.S. June 28, 2024). Defendant's supplemental filing is limited to two (2) pages. A response to that filing is due on or before July 17, 2024 , and the responsive filing is limited to two (2) pages. IT IS SO ORDERED. (H,Ch) |
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| Monday, July 01, 2024 | ||
| 21 | 21
motion
Leave Lift Stay
Mon 07/01 3:24 PM
Motion for leave to File Supplemental Brief , Motion to lift stay to Evaluate Motion to Dismiss filed by Defendant Leaf Home Water Solutions, LLC. Related document(s)12 ,.(Eisen, Mark) |
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Att: 1
Exhibit A - Loper Bright Opinion
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| Friday, May 10, 2024 | ||
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order
Order on Motion to stay
Fri 05/10 4:15 PM
Minute Order [non-document] by Judge Bridget Meehan Brennan. Before the Court is Defendant's Motion to Stay Pending Forthcoming Supreme Court Rulings and Alternative Request to Stay Class Discovery. (Doc. No.13 .) Plaintiff filed a response in opposition (Doc. No.17 ), and Defendant replied (Doc. No.19 ). The United States Supreme Court has held that "the power to stay proceedings is incidental to the power inherent in every court to control the disposition of the causes on its docket with economy of time and effort for itself, for counsel, and for litigants. How this can best be done calls for the exercise of judgment, which must weigh competing interests and maintain an even balance." Landis v. N. Am. Co., 299 U.S. 248, 254-55 (1936). Defendant points out that a decision is expected in the remaining time of the Supreme Court's current term regarding the doctrine of Chevron deference afforded to federal agencies acting in their rulemaking capacity. (Doc. No.13 at PageID# 90, 95-96.) See Relentless v. Department of Commerce, No. 22-1219 and Loper Bright Enterprises v. Raimondo, No. 22-451 (both argued on January 17, 2024). Plaintiff argues that this Court could decide the case solely based on statutory text and therefore need not await the Supreme Court's expected decisions regarding Chevron deference. (Doc. No.17 at PageID# 113-14.) Yet Plaintiff's own argument in opposition to the pending motion to dismiss expressly relies on definitions and rules in the Code of Federal Regulations. (Id. at PageID# 118-19.) Plaintiff herself argues: "Beyond the text itself, which serves as the 'starting point' for this Court's inquiry, the Hobbs Act requires that this Court adopt the FCC's interpretation of the statutory text." (Id. at PageID# 120.) This Court concludes that the resolution of Relentless and Loper Bright Enterprises could be informative or perhaps controlling with respect to the resolution of Defendants pending motion to dismiss. (See Doc. No.12 .) Accordingly, this matter is hereby STAYED until the conclusion of the United States Supreme Court's October 2024 term. IT IS SO ORDERED. Judge Bridget Meehan Brennan on 5/10/2024.(H,Ch) |
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| Wednesday, March 06, 2024 | ||
| 20 | 20
resp
Reply
Wed 03/06 11:33 AM
Reply in support of12 Motion to dismiss for failure to state a claim or, in the alternative, Motion to Certify Pursuant to 28 U.S.C. § 1292(B) filed by Leaf Home Water Solutions, LLC. (Eisen, Mark) |
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| 19 | 19
resp
Reply
Wed 03/06 11:28 AM
Reply in support of13 Motion to stay Pending Forthcoming Supreme Court Rules and Alternative Request to Stay Class Discovery, Oral Argument Requested filed by Leaf Home Water Solutions, LLC. (Eisen, Mark) |
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| Wednesday, February 28, 2024 | ||
| 18 | 18
14
pgs
answer
Answer to Complaint
Wed 02/28 3:56 PM
Answer and Affirmative Defenses to Plaintiffs Class Action Complaint Answer to1 Complaint with Jury Demand filed by Leaf Home Water Solutions, LLC. (Eisen, Mark) |
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| 17 | 17
resp
Response
Wed 02/28 2:14 PM
Response to12 Motion to dismiss for failure to state a claim or, in the alternative, Motion to Certify Pursuant to 28 U.S.C. § 1292(B),13 Motion to stay Pending Forthcoming Supreme Court Rules and Alternative Request to Stay Class Discovery, Oral Argument Requested filed by Laural Lirones. (Kaufman, Avi) |
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| Thursday, February 22, 2024 | ||
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order
Order on Motion to appear pro hac vice
Thu 02/22 9:53 AM
Order [non-document] granting Attorney Avi R. Kaufman's motion for appearance pro hac vice. (Doc. No.16 .) Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Bridget Meehan Brennan on 2/22/2024. (H,AR) |
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| Wednesday, February 21, 2024 | ||
| 16 | 16
motion
Appear Pro Hac Vice
Wed 02/21 3:05 PM
Motion for attorney Avi R. Kaufman to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12418598, filed by Plaintiff Laural Lirones.(Kaufman, Avi) |
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Att: 1
Exhibit Certificate of Good Standing
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| 15 | 15
motion
Conference/Hearing
Wed 02/21 1:34 PM
Motion for conference/hearing Motion for Status Hearing filed by Defendant Leaf Home Water Solutions, LLC. Related document(s)12 ,13 . (Cady, Allyson) |
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order
Order on Motion for conference
Wed 02/21 2:48 PM
Order [non-document]: Before the Court is Defendant's Motion for Status Hearing/Conference (Doc. No.15 ). The Motion asserts that the pending Motion to Stay could affect the Motion to Dismiss, "including when and whether [the Motion to Dismiss] is fully briefed, as well as the degree of discovery to take place (if any) in the interim," and that a conference would assist with "orderly briefing" to the current motions. ( Id. at PageID # 108.) In a footnote, the Motion represents that the parties disagree on whether the pending Motion to Dismiss and Motion to Stay should be briefed simultaneously or concurrently. ( Id. at n.1.) Notably, Defendant did not oppose Plaintiff's request for a consolidated response to Defendant's Motion to Dismiss (Doc. No.12 ) and Motion to Stay (Doc. No.13 ), which were filed one week apart. ( See Doc. No.14 at PageID # 104 para. 3.) By agreement of the parties, Plaintiff's consolidated response is due 2/28/2024. (Doc. No.14 ; Minute Order 2/12/2024.) Defendant has not stated a sufficient reason for the Court to entertain a conference on the briefing schedule when they have already agreed to Plaintiff's consolidated response date. Moreover, the Local Rules and this Court's Initial Standing Order (Doc. No.3 , Section V) clearly state the deadlines for reply briefs, should Defendant wish to submit any. If Defendant seeks a consolidated reply date, a motion to that effect can be submitted to the Court for consideration. For these reasons, Defendant's Motion for Status Hearing/Conference is DENIED . Judge Bridget Meehan Brennan on 2/21/2024. (H,AR) |
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| Monday, February 12, 2024 | ||
| 14 | 14
motion
Extension of Time to File Response/Reply to Motion
Mon 02/12 11:54 AM
Unopposed Motion for extension of time until 02/28/2024 to file response/reply to12 Motion to dismiss for failure to state a claim or, in the alternative, Motion to Certify Pursuant to 28 U.S.C. § 1292(B),13 Motion to stay Pending Forthcoming Supreme Court Rules and Alternative Request to Stay Class Discovery, Oral Argument Requested filed by Plaintiff Laural Lirones. Related document(s)12 ,13 .(Giles, Brian) |
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Att: 1
Proposed Order
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order
Order on Motion for extension of time to file response/reply to motion
Mon 02/12 2:10 PM
Order [non-document] GRANTING Plaintiff's unopposed motion for an extension of time until February 28, 2024 to file responses to Defendant's motion to dismiss (Doc. No.12 ) and motion to stay (Doc. No.13 ). Judge Bridget Meehan Brennan on 2/12/2024. (H,RE) |
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| Tuesday, January 30, 2024 | ||
| 13 | 13
motion
Stay
Tue 01/30 8:58 PM
Motion to stay Pending Forthcoming Supreme Court Rules and Alternative Request to Stay Class Discovery filed by Defendant Leaf Home Water Solutions, LLC. (Cook, Nora) |
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| Wednesday, January 24, 2024 | ||
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order
Order on Motion to appear pro hac vice
Wed 01/24 11:13 AM
Order [non-document] granting Attorney Mark S. Eisen's motion for appearance pro hac vice. (Doc. No.10 .) Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Bridget Meehan Brennan on 1/24/2024. (H,AR) |
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| Tuesday, January 23, 2024 | ||
| 12 | 12
35
pgs
motion
Dismiss for Failure to State a Claim
Tue 01/23 6:55 PM
Motion to dismiss for failure to state a claim or, in the alternative, to certify pursuant to 28 U.S.C. Section 1292(B) filed by Defendant Leaf Home Water Solutions, LLC. Related document(s)1 . (Cook, Nora) |
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| 11 | 11
notice
Corporate Disclosure Statement (atty event)
Tue 01/23 6:49 PM
Corporate Disclosure Statement filed by Leaf Home Water Solutions, LLC. (Cook, Nora) |
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| Monday, January 22, 2024 | ||
| 10 | 10
motion
Appear Pro Hac Vice
Mon 01/22 11:40 AM
Motion for attorney Mark Eisen to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12366812, filed by Defendant Leaf Home Water Solutions, LLC.(Cook, Nora) |
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Att: 1
Proposed Order Proposed Order
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| Thursday, January 04, 2024 | ||
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order
Order on Motion for extension of time to answer
Thu 01/04 12:49 PM
Order [non-document] granting the parties' stipulated motion for leave to plead. (Doc. No.9 .) Defendant is to move, plead, or otherwise respond to Plaintiffs' Complaint by January 23, 2024. Judge Bridget Meehan Brennan on 1/4/2024. (H,AR) |
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| Friday, December 22, 2023 | ||
| 9 | 9
motion
Leave
Fri 12/22 3:00 PM
Stipulated Motion for leave to Plead to Complaint until January 23, 2024 filed by Defendant Leaf Home Water Solutions, LLC. (Cady, Allyson) |
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| Friday, December 01, 2023 | ||
| 8 | 8
1
pgs
order
Order on Motion for extension of time to answer
Fri 12/01 3:28 PM
Marginal Entry Order granting Defendant's7 Stipulated Motion for leave to Plead to Complaint until January 2, 2024. Leaf Home Water Solutions, LLC's answer due 1/2/2024. Judge Bridget Meehan Brennan on 12/1/2023.(H,Ch) |
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| Monday, November 20, 2023 | ||
| 7 | 7
motion
Leave
Mon 11/20 5:15 PM
Stipulated Motion for leave to Plead filed by Defendant Leaf Home Water Solutions, LLC. (Cady, Allyson) |
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| 6 | 6
notice
Attorney Appearance (atty event)
Mon 11/20 9:36 AM
Attorney Appearance by Nora K. Cook filed by on behalf of Leaf Home Water Solutions, LLC. (Cook, Nora) |
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| Thursday, November 16, 2023 | ||
| 5 | 5
notice
Attorney Appearance (atty event)
Thu 11/16 2:39 PM
Attorney Appearance by Allyson R. Cady filed by on behalf of Leaf Home Water Solutions, LLC. (Cady, Allyson) |
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| Thursday, November 09, 2023 | ||
| 4 | 4
service
Return of Service Executed
Thu 11/09 3:11 PM
Affidavit of Service by personal service upon Leaf Home Water Solutions, LLC on 11/8/2023, filed on behalf of Laural Lirones Related document(s)1 . (Giles, Brian) Modified text on 11/9/2023 (E,CK) |
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| Tuesday, October 24, 2023 | ||
| 3 | 3
order
Initial Order - Judge Brennan
Tue 10/24 5:06 PM
Initial Standing Order. Judge Bridget Meehan Brennan on 10/24/2023. (E,CK) |
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| 2 | 2
oth_evt
Summons Issued
Tue 10/24 5:05 PM
Original Summons and Magistrate Consent Form issued to counsel for service upon Leaf Home Water Solutions, LLC. (E,CK) |
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Att: 1
Magistrate Consent Form
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| 1 | 1
16
pgs
cmp
Complaint
Tue 10/24 3:41 PM
Class Action Complaint with jury demand against Leaf Home Water Solutions, LLC. Filing fee paid $ 402, Receipt number AOHNDC-12243065. Filed by Laural Lirones. (Giles, Brian) |
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Att: 1
Summons,
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Att: 2
Civil Cover Sheet
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utility
Add and Terminate Judge
Tue 10/24 4:55 PM
Judge Bridget Meehan Brennan assigned to case. (E,CK) |
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oth_evt
Random Assignment of Magistrate Judge
Tue 10/24 4:57 PM
Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge James E. Grimes Jr. (E,CK) |
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