Hays v. Frost & Sullivan, Inc.
| Texas Western District Court | |
| Judge: | Fred Biery |
| Referred: | Elizabeth S Chestney |
| Case #: | 5:23-cv-01490 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Breach of Contract |
| Case Filed: | Dec 05, 2023 |
| Terminated: | Oct 28, 2024 |
| Last checked: Sunday Jun 02, 2024 5:12 AM CDT |
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Defendant
Frost & Sullivan, Inc.
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Represented By
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Plaintiff
Don Hays
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Represented By
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GPO
Aug 16 2024
REPORT AND RECOMMENDATIONS re 7 Motion to Dismiss filed by Frost & Sullivan, Inc.. Signed by Judge Elizabeth S. Chestney. (mgr) |
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GPO
Sep 04 2024
ORDER ADOPTING REPORT AND RECOMMENDATIONS GRANTING IN PART AND DENYING IN PART 7 Motion to Dismiss filed by Frost & Sullivan, Inc., 24 Report and Recommendations. Signed by Judge Fred Biery. (mgr) |
| Docket last updated: 5 hours ago |
| Monday, October 28, 2024 | ||
| 41 | 41
1
pgs
order
Order Dismissing Case
Tue 10/29 11:24 AM
ORDER OF DISMISSAL WITH PREJUDICE AND JUDGMENT. Signed by Judge Fred Biery. (mgr) |
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utility
Case No Longer Referred to Magistrate Judge
Tue 10/29 11:27 AM
CASE NO LONGER REFERRED to Magistrate Judge Elizabeth S. Chestney. (mgr) |
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| Friday, October 25, 2024 | ||
| 40 | 40
misc
Stipulation of Dismissal
Fri 10/25 4:09 PM
STIPULATION of Dismissal With Prejudice by Don Hays.(Borrelli, Raina) |
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Att: 1
Proposed Order
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| Thursday, October 03, 2024 | ||
| 39 | 39
2
pgs
order
Order on Motion to Compel Order on Motion to Quash
Thu 10/03 11:03 AM
ORDER DISMISSING34 Motion to Compel; DISMISSING26 Motion to Quash. IT IS HEREBY ORDERED that the parties file a stipulation of dismissal on or before November 1, 2024.IT IS FURTHER ORDERED that the hearing scheduled for 2:00 p.m. on October 3, 2024, is CANCELED. IT IS FURTHER ORDERED that all current deadlines and settings are VACATED in light of the settlement. Signed by Judge Elizabeth S. Chestney. (mgr) |
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| 38 | 38
notice
Notice of Settlement
Thu 10/03 10:16 AM
NOTICE of Settlement / Resolution & Request for Stay of Proceedings by Frost & Sullivan, Inc.(Hudson, Gregory) |
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Att: 1
Proposed Order
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| Tuesday, October 01, 2024 | ||
| 37 | 37
respm
Response to Motion
Tue 10/01 5:10 PM
RESPONSE to Motion, filed by Frost & Sullivan, Inc., re34 MOTION to Compel Plaintiff's Motion to Compel Discovery filed by Plaintiff Don Hays (Hudson, Gregory) |
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| 36 | 36
misc
Advisory to the Court
Tue 10/01 4:38 PM
ADVISORY TO THE COURT by Don Hays Parties' Joint Advisory Regarding Defendant's Motion to Quash Plaintiff's Notice of Subpoena to Produce Documents, Information, or Objects to Stroz Friedberg, LLC . (Pigozzi, Stephen) |
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| Wednesday, September 25, 2024 | ||
| 35 | 35
2
pgs
order
Order ~Util - Set Motion Hearings
Fri 09/27 12:08 PM
ORDER re26 MOTION to Quash PLAINTIFFS NOTICE OF SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS TO STROZ FRIEDBERG, LLC AND MOTION FOR PROTECTIVE ORDER filed by Frost & Sullivan, Inc.,34 MOTION to Compel Plaintiff's Motion to Compel Discovery filed by Don Hays, Set Motion Hearing for26 MOTION to Quash PLAINTIFFS NOTICE OF SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS TO STROZ FRIEDBERG, LLC AND MOTION FOR PROTECTIVE ORDER ,34 MOTION to Compel Plaintiff's Motion to Compel Discovery ( Motion Hearing set for 10/3/2024 2:00 PM before Judge Elizabeth S. Chestney,). Signed by Judge Elizabeth S. Chestney. (mgr) |
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| 34 | 34
motion
Compel
Wed 09/25 2:03 PM
MOTION to Compel Plaintiff's Motion to Compel Discovery by Don Hays.. Motions referred to Judge Elizabeth S. Chestney. (Pigozzi, Stephen) |
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Att: 1
Exhibit A - Proposed Order,
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Att: 2
Exhibit B - Declaration of Stephen Pigozzi
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| Wednesday, September 18, 2024 | ||
| 33 | 33
answer
Answer to Complaint
Wed 09/18 9:43 AM
ANSWER to1 Complaint with Jury Demand by Frost & Sullivan, Inc..(Hudson, Gregory) |
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| Monday, September 16, 2024 | ||
| 32 | 32
2
pgs
order
Order on Motion to Continue
Tue 09/17 3:30 PM
ORDER GRANTING31 Motion to Continue. IT IS FURTHER ORDERED that the hearing set for Friday, September 20, on Defendants Motion [#26] is CANCELED. IT IS FURTHER ORDERED that the videoconference hearing on Defendants Motion [#26] is continued to 2:00 p.m. Central Time on October 3, 2024. Signed by Judge Elizabeth S. Chestney. (mgr) |
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| 31 | 31
motion
Continue
Mon 09/16 10:39 AM
Joint MOTION to Continue Videoconference Hearing Scheduled for Sept. 20th by Frost & Sullivan, Inc... Motions referred to Judge Elizabeth S. Chestney. (Hudson, Gregory) |
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| Friday, September 13, 2024 | ||
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order
Order on Motion to Appear Pro Hac Vice
Fri 09/13 11:06 AM
Text Order GRANTING30 Motion to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center. Entered by Judge Elizabeth S. Chestney. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lslc) |
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| Thursday, September 12, 2024 | ||
| 30 | 30
motion
Appear Pro Hac Vice
Thu 09/12 4:05 PM
MOTION to Appear Pro Hac Vice by Joe Kendall on Behalf of Stephen J. Pigozzi ( Filing fee $ 100 receipt number ATXWDC-19221866) by on behalf of Don Hays.. Motions referred to Judge Elizabeth S. Chestney. (Kendall, Joe) |
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| Tuesday, September 10, 2024 | ||
| 29 | 29
2
pgs
order
Order ~Util - Set Motion Hearings
Thu 09/12 10:29 AM
ORDER SETTING VIDEO HEARING re26 MOTION to Quash PLAINTIFFS NOTICE OF SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS TO STROZ FRIEDBERG, LLC AND MOTION FOR PROTECTIVE ORDER filed by Frost & Sullivan, Inc., Set Motion Hearing for26 MOTION to Quash PLAINTIFFS NOTICE OF SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS TO STROZ FRIEDBERG, LLC AND MOTION FOR PROTECTIVE ORDER ( Motion Hearing set for 9/20/2024 10:30 AM before Judge Elizabeth S. Chestney,). Signed by Judge Elizabeth S. Chestney. (mgr) |
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| 28 | 28
8
pgs
respm
Memorandum in Opposition to Motion
Tue 09/10 12:12 PM
Memorandum in Opposition to Motion, filed by Don Hays, re26 MOTION to Quash PLAINTIFFS NOTICE OF SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS TO STROZ FRIEDBERG, LLC AND MOTION FOR PROTECTIVE ORDER filed by Defendant Frost & Sullivan, Inc.(Borrelli, Raina) |
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Att: 1
Exhibit A - Plaintiff's Subpoena
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| Wednesday, September 04, 2024 | ||
| 27 | 27
2
pgs
order
Order Adopting/Rejecting Report and Recommendations
Wed 09/04 3:31 PM
ORDER ADOPTING REPORT AND RECOMMENDATIONS GRANTING IN PART AND DENYING IN PART7 Motion to Dismiss filed by Frost & Sullivan, Inc.,24 Report and Recommendations. Signed by Judge Fred Biery. (mgr) |
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| Tuesday, September 03, 2024 | ||
| 26 | 26
motion
Quash
Tue 09/03 7:02 PM
MOTION to Quash PLAINTIFFS NOTICE OF SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS TO STROZ FRIEDBERG, LLC AND MOTION FOR PROTECTIVE ORDER by Frost & Sullivan, Inc... Motions referred to Judge Elizabeth S. Chestney. (Hudson, Gregory) |
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Att: 1
Exhibit A - Subpoena
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| Friday, August 30, 2024 | ||
| 25 | 25
respoth
Objection to Report and Recommendations
Fri 08/30 12:05 PM
OBJECTION to24 Report and Recommendations of United States Magistrate Judge by Frost & Sullivan, Inc... (Hudson, Gregory) |
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| Friday, August 16, 2024 | ||
| 24 | 24
misc
Report and Recommendations
Fri 08/16 1:28 PM
REPORT AND RECOMMENDATIONS re7 Motion to Dismiss filed by Frost & Sullivan, Inc.. Signed by Judge Elizabeth S. Chestney. (mgr) |
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| Tuesday, July 02, 2024 | ||
| 23 | 23
14
pgs
order
Order
Tue 07/02 3:47 PM
ORDER re21 Stipulation filed by Don Hays. Signed by Judge Elizabeth S. Chestney. (vl) |
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| 22 | 22
order
Protective Order
Tue 07/02 3:38 PM
CONFIDENTIALITY AND PROTECTIVE ORDER. Signed by Judge Elizabeth S. Chestney. (vl) |
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| Friday, June 21, 2024 | ||
| 21 | 21
misc
Stipulation
Fri 06/21 5:12 PM
STIPULATION - Stipulated Order on ESI Protocol by Don Hays. (Borrelli, Raina) |
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| 20 | 20
misc
Stipulation
Fri 06/21 5:10 PM
STIPULATION - Stipulated Protective Order by Don Hays. (Borrelli, Raina) |
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| Friday, April 05, 2024 | ||
| 19 | 19
order
Scheduling Order
Mon 04/08 2:11 PM
SCHEDULING ORDER: ADR Report Deadline due by 4/21/2025, Amended Pleadings due by 1/6/2025, Discovery due by 4/21/2025, Motions due by 4/21/2025,. Signed by Judge Elizabeth S. Chestney. (mgr) |
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| Wednesday, April 03, 2024 | ||
| 18 | 18
minutes
Pretrial Conference
Thu 04/04 2:48 PM
Minute Entry for proceedings held before Judge Elizabeth S. Chestney: Pretrial Conference held on 4/3/2024 (Minute entry documents are not available electronically.). (Court Reporter FTR Gold.)(mgr) |
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| Friday, March 29, 2024 | ||
| 17 | 17
misc
Rule 26(f) Discovery Report/Case Management Plan
Fri 03/29 3:21 PM
Rule 26(f) Discovery Report/Case Management Plan (Joint) by Frost & Sullivan, Inc..(Hudson, Gregory) |
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Att: 1
Proposed Order Agreed Scheduling Order
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| Thursday, March 07, 2024 | ||
| 16 | 16
respm
Response in Support of Motion
Thu 03/07 4:25 PM
RESPONSE in Support, filed by Frost & Sullivan, Inc., re7 MOTION to Dismiss Rule 12(b)(1) for Lack of Subject Matter Jurisdiction and 12(b)(6) Failure to State Claim filed by Defendant Frost & Sullivan, Inc. (Hudson, Gregory) |
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| Thursday, February 29, 2024 | ||
| 15 | 15
respm
Response in Opposition to Motion
Thu 02/29 9:12 AM
Response in Opposition to Motion, filed by Don Hays, re7 MOTION to Dismiss Rule 12(b)(1) for Lack of Subject Matter Jurisdiction and 12(b)(6) Failure to State Claim filed by Defendant Frost & Sullivan, Inc. (Borrelli, Raina) |
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| Wednesday, February 14, 2024 | ||
| 14 | 14
misc
Disclosure Statement (Rule 7)
Wed 02/14 11:45 AM
RULE 7 DISCLOSURE STATEMENT filed by Frost & Sullivan, Inc.. (Hudson, Gregory) |
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| Monday, February 12, 2024 | ||
| 13 | 13
misc
Disclosure Statement (Rule 7)
Mon 02/12 3:41 PM
RULE 7 DISCLOSURE STATEMENT filed by Don Hays. (Borrelli, Raina) |
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| Monday, February 05, 2024 | ||
| 12 | 12
3
pgs
order
Order ~Util - Set Hearings
Mon 02/05 2:04 PM
ORDER SETTING INITIAL PRETRIAL CONFERENCE, (Initial Pretrial Conference set for 4/3/2024 1:30 PM before Judge Elizabeth S. Chestney,). Signed by Judge Elizabeth S. Chestney. (mgr) |
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| Thursday, February 01, 2024 | ||
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order
Order on Motion for Miscellaneous Relief
Thu 02/01 8:58 AM
Text Order GRANTING11 Motion entered by Judge Elizabeth S. Chestney. IT IS HEREBY ORDERED that Plaintiff shall submit his response to Defendants motion to dismiss on February 9, 2024, and Defendant shall submit its reply on March 7, 2024. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hm) |
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order
Order on Motion for Miscellaneous Relief
Thu 02/01 9:03 AM
Text Order GRANTING11 Motion entered by Judge Elizabeth S. Chestney. The Court's previous text order is amended as follows: Plaintiff shall submit his response to Defendants motion to dismiss onFebruary 29, 2024, and Defendant shall submit its reply on March 7, 2024. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hm) |
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| Wednesday, January 31, 2024 | ||
| 11 | 11
motion
Miscellaneous Relief
Wed 01/31 3:05 PM
Agreed MOTION to Modify Briefing Schedule by Don Hays.. Motions referred to Judge Elizabeth S. Chestney. (Kendall, Joe) |
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Att: 1
Proposed Order
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| Friday, January 26, 2024 | ||
| 10 | 10
2
pgs
order
Order Referring Case to Magistrate Judge
Fri 01/26 9:13 AM
ORDER REFERRING CASE to Magistrate Judge Elizabeth S. Chestney. Signed by Judge Fred Biery.. Referral Magistrate Judge: Elizabeth S. Chestney. (bt) |
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| 9 | 9
2
pgs
order
Order
Fri 01/26 9:07 AM
COURT ADVISORY CONCERNING DISCOVERY AND OTHER MATTERS. Signed by Judge Fred Biery. (bt) |
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| 8 | 8
7
pgs
order
Order for Scheduling Recommendations/Proposed Sched Order Notice of Right to Consent to Magistrate Trial
Fri 01/26 9:03 AM
Order for Scheduling Recommendations/Proposed Scheduling Order. IT IS HEREBY ORDERED that the parties shall submit a proposed scheduling order to theCourt within sixty days of the appearance of any defendant. Notice of right to consent to disposition of a civil case by a U.S. Magistrate Judge.. Signed by Judge Fred Biery. (bt) |
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| Thursday, January 25, 2024 | ||
| 7 | 7
motion
Dismiss
Thu 01/25 5:31 PM
MOTION to Dismiss Rule 12(b)(1) for Lack of Subject Matter Jurisdiction and 12(b)(6) Failure to State Claim by Frost & Sullivan, Inc..(Hudson, Gregory) |
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Att: 1
Exhibit A
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| Tuesday, January 23, 2024 | ||
| 6 | 6
2
pgs
order
Order on Motion to Appear Pro Hac Vice
Wed 01/24 8:47 AM
ORDER GRANTING5 Motion to Appear Pro Hac Vice for Attorney Raina C Borrelli for Don Hays. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center Signed by Judge Fred Biery. (mgr) |
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| Monday, January 22, 2024 | ||
| 5 | 5
motion
Appear Pro Hac Vice
Mon 01/22 8:52 AM
MOTION to Appear Pro Hac Vice by Joe Kendall on Behalf of Raina Borrelli ( Filing fee $ 100 receipt number ATXWDC-18325982) by on behalf of Don Hays. (Kendall, Joe) |
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| Monday, December 11, 2023 | ||
| 4 | 4
service
Summons Returned Executed
Mon 12/11 3:04 PM
SUMMONS Returned Executed by Don Hays. Frost & Sullivan, Inc. served on 12/8/2023, answer due 12/29/2023. (Kendall, Joe) |
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| Friday, December 08, 2023 | ||
| 3 | 3
service
Summons Issued
Fri 12/08 9:12 AM
Summons Issued as to Frost & Sullivan, Inc.. (nm) |
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| Tuesday, December 05, 2023 | ||
| 2 | 2
2
pgs
service
Request for Issuance of Summons
Tue 12/05 9:32 AM
REQUEST FOR ISSUANCE OF SUMMONS by Don Hays. (Kendall, Joe) |
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| 1 | 1
cmp
Complaint
Tue 12/05 9:29 AM
COMPLAINT ( Filing fee $ 405 receipt number ATXWDC-18166981), filed by Don Hays.(Kendall, Joe) |
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Att: 1
Exhibit A - Notice of Data Breach,
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Att: 2
Civil Cover Sheet
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utility
Case Assigned/Reassigned
Wed 12/06 11:32 AM
Case assigned to Judge Fred Biery. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (mgr) |
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misc
To be Referred to SA Mag Judge
Wed 12/06 11:36 AM
If ordered by the court, all referrals will be assigned to Magistrate Judge Chestney (mgr) |
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