Waynant v. Pacific Aquascapes, Inc.
| Hawaii District Court | |
| Judge: | Helen Gillmor |
| Referred: | Kenneth J Mansfield |
| Case #: | 1:24-cv-00065 |
| Nature of Suit | 442 Civil Rights - Employment |
| Cause | 28:1441 Petition for Removal - Employment Discrimination |
| Case Filed: | Feb 09, 2024 |
| Case in other court: | Circuit Court of the First Circuit, State of Hawai, 1CCV-24-0000111 |
| Last checked: Thursday Aug 08, 2024 12:27 AM HST |
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Defendant
Doe Corporations 1-20
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Defendant
Doe Entities 1-20
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Defendant
Doe Governmental Units 1-20
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Defendant
Doe Partnerships 1-20
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Defendant
Jane Does 1-10
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Defendant
John Does 1-10
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Defendant
Pacific Aquascapes, Inc.
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Represented By
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Plaintiff
Michael J. Waynant
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Represented By
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GPO
Jun 03 2024
ORDER ADOPTING THE MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION TO GRANT IN PART AND DENY IN PART DEFENDANT PACIFIC AQUASCAPES, INC.'S MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS (ECF No. 16), AS MODIFIED re 16, 19 - Signed by SENIOR JUDGE HELEN GILLMOR on 6/3/2024. IT IS HEREBY ORDERED AND ADJUDGED that, pursuant to Title 28, United States Code, Section 636(b)(1)(C) and Local Rule 74.1, the Findings and Recommendation is adopted as the opinion and order of this Court with the following modifications:1. On Page 4, Paragraph 2, Line 1, REPLACE "January 3, 2024" with "January 23, 2024"; 2. On Page 5, Paragraph 1, Line 4, REPLACE "524 U.S. 938, 944" with "514 U.S. 938, 944";3. On Page 7, Paragraph 3, Line 3, REPLACE "expired on March 16, 2018. ECF No. 14 at 9 (citing ECF No. 8-1 at 11)" with "expired on March 13, 2018. ECF No. 14 at 9 (citing ECF No. 13 at 7)";4. On Page 8, Paragraph 2, Line 7, REPLACE "Id. at 78" with "ECF No. 8-3 at 7-8";5. The Court modifies the Findings and Recommendation by the Magistrate Judge given the United States Supreme Court's recent ruling in Smith v. Spizzirri, S.Ct., 2024 WL 2193872, *4 (May 16, 2024) that abrogated Forrest v. Spizzirri, 62 F.4th 1201, 1204-05 (9th Cir. 2023) as relied upon by the Magistrate Judge. On Pages 9-10, REPLACE the paragraphs under the heading "IV. Defendant's Request To Stay Proceedings" with "Defendant asks the Court to stay proceedings pending the outcome of the arbitration. In Smith v. Spizzirri, S.Ct., 2024 WL 2193872, *4 (May 16, 2024), the United States Supreme Court ruled that when a federal court finds that a dispute is subject to arbitration and a party has requested a stay of the court proceeding pending arbitration, the Federal Arbitration Act compels the court to stay the proceedings. Pursuant to Smith, the proceedings are STAYED pending arbitration.";6. On Page 10, under "CONCLUSION" Lines 5-6 REPLACE "The Court further RECOMMENDS that the district court DENY Defendant's request for a stay and DISMISS the case." with "The proceedings are STAYED pending arbitration."(jni) |
| Docket last updated: 05/04/2025 11:59 PM HST |
| Friday, May 02, 2025 | ||
| 27 | 27
misc
Status Report
Fri 05/02 8:05 AM
STATUS REPORT by Michael J. Waynant. (Muzzi, Christopher) |
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| Tuesday, March 04, 2025 | ||
| 26 | 26
misc
Status Report
Tue 03/04 1:26 PM
STATUS REPORT by Michael J. Waynant.(Muzzi, Christopher) |
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Att: 1
Certificate of Service
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| Friday, January 03, 2025 | ||
| 25 | 25
misc
Status Report
Fri 01/03 1:33 PM
STATUS REPORT RE: ARBITRATION by Michael J. Waynant.(Muzzi, Christopher) |
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Att: 1
Certificate of Service
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| Monday, November 04, 2024 | ||
| 24 | 24
misc
Status Report
Mon 11/04 11:45 AM
Second Joint STATUS REPORT RE: ARBITRATION by Michael J. Waynant.(Muzzi, Christopher) Modified on 11/4/2024 (eta) |
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Att: 1
Certificate of Service
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| Thursday, September 05, 2024 | ||
| 23 | 23
misc
Status Report
Thu 09/05 2:09 PM
STATUS REPORT Re: Arbitration by Michael J. Waynant. (Muzzi, Christopher) |
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| Wednesday, August 21, 2024 | ||
| 22 | 22
notice
Notice (Other)
Wed 08/21 9:21 AM
NOTICE by Michael J. Waynant for Withdrawal of Attorney Leila M. Rothwell; Certificate of Service Michael J. Waynant. (Muzzi, Christopher) |
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| Monday, July 08, 2024 | ||
| 21 | 21
minutes
Link 1 - Terminate Hearings
Mon 07/08 2:14 PM
EO: In light of the20 Order Adopting Findings and Recommendations staying case pending arbitration, the Rule 16 Scheduling Conference set for 07/10/2024 IS VACATED and sets a Joint Status Report deadline every 60 days from today. The parties are to file their first Joint Status Report by 09/06/2024. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb) |
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| Monday, June 03, 2024 | ||
| 20 | 20
3
pgs
order
Order Adopting Findings and Recommendations Order Staying Case Order on Findings and Recommendations Order on Motion for Miscellaneous Relief
Mon 06/03 4:50 PM
ORDER ADOPTING THE MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION TO GRANT IN PART AND DENY IN PART DEFENDANT PACIFIC AQUASCAPES, INC.'S MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS (ECF No. 16), AS MODIFIED re16 ,19 - Signed by SENIOR JUDGE HELEN GILLMOR on 6/3/2024. IT IS HEREBY ORDERED AND ADJUDGED that, pursuant to Title 28, United States Code, Section 636(b)(1)(C) and Local Rule 74.1, the Findings and Recommendation is adopted as the opinion and order of this Court with the following modifications: 1. On Page 4, Paragraph 2, Line 1, REPLACE "January 3, 2024" with "January 23, 2024"; 2. On Page 5, Paragraph 1, Line 4, REPLACE "524 U.S. 938, 944" with "514 U.S. 938, 944"; 3. On Page 7, Paragraph 3, Line 3, REPLACE "expired on March 16, 2018. ECF No. 14 at 9 (citing ECF No. 8-1 at 11)" with "expired on March 13, 2018. ECF No. 14 at 9 (citing ECF No. 13 at 7)"; 4. On Page 8, Paragraph 2, Line 7, REPLACE "Id. at 78" with "ECF No. 8-3 at 7-8"; 5. The Court modifies the Findings and Recommendation by the Magistrate Judge given the United States Supreme Court's recent ruling in Smith v. Spizzirri, S.Ct., 2024 WL 2193872, *4 (May 16, 2024) that abrogated Forrest v. Spizzirri, 62 F.4th 1201, 1204-05 (9th Cir. 2023) as relied upon by the Magistrate Judge. On Pages 9-10, REPLACE the paragraphs under the heading "IV. Defendant's Request To Stay Proceedings" with "Defendant asks the Court to stay proceedings pending the outcome of the arbitration. In Smith v. Spizzirri, S.Ct., 2024 WL 2193872, *4 (May 16, 2024), the United States Supreme Court ruled that when a federal court finds that a dispute is subject to arbitration and a party has requested a stay of the court proceeding pending arbitration, the Federal Arbitration Act compels the court to stay the proceedings. Pursuant to Smith, the proceedings are STAYED pending arbitration."; 6. On Page 10, under "CONCLUSION" Lines 5-6 REPLACE "The Court further RECOMMENDS that the district court DENY Defendant's request for a stay and DISMISS the case." with "The proceedings are STAYED pending arbitration." (jni) |
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| Thursday, May 30, 2024 | ||
| 19 | 19
motion
Miscellaneous Relief
Thu 05/30 11:46 AM
MOTION re16 FINDINGS AND RECOMMENDATIONS re8 MOTION to Compel Defendant Pacific Aquascapes, Inc.'s Motion to Compel Arbitration and Stay Proceedings filed by Pacific Aquascapes, Inc. MOTION FOR ADOPTION OF THE FINDINGS AND RECOMMENDATIONS TO GRANT IN PART AND DENY IN PART DEFENDANT PACIFIC AQUASCAPES, INC.S MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS FILED MAY 2, 2024 16 Jeffrey S. Harris appearing for Defendant Pacific Aquascapes, Inc.(Harris, Jeffrey) |
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Att: 1
Memorandum in Support of Motion,
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Att: 2
Certificate of Service
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| 18 | 18
minutes
Link 2 - Set Hearings
Thu 05/30 6:39 AM
EO: Given the16 FINDINGS AND RECOMMENDATIONS TO GRANT IN PART AND DENY IN PART8 DEFENDANT PACIFIC AQUASCAPES, INC.'S MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS, the Rule 16 Scheduling Conference previously set for 06/13/2024 IS CONTINUED TO 07/10/2024 at 9:30 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Scheduling conference statements are due by 07/03/2024. Parties are to participate via telephone through the Courts Zoom Teleconference . Call-in information for this hearing is below. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing. Dial in number: 1-833-568-8864 Access Code: 160 8983 1896 (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb) |
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| Wednesday, May 29, 2024 | ||
| 17 | 17
notice
Notice (Other)
Wed 05/29 10:56 AM
NOTICE by Pacific Aquascapes, Inc. re16 FINDINGS AND RECOMMENDATIONS re8 MOTION to Compel Defendant Pacific Aquascapes, Inc.'s Motion to Compel Arbitration and Stay Proceedings filed by Pacific Aquascapes, Inc. DEFENDANT PACIFIC AQUASCAPES, INC.S NOTICE OF SUPPLEMENTAL AUTHORITY IN SUPPORT OF FINDINGS AND RECOMMENDATION TO GRANT IN PART AND DENY IN PART DEFENDANT PACIFIC AQUASCAPES, INC.S MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS FILED MAY 2, 2024 (DKT 16) Pacific Aquascapes, Inc..(Harris, Jeffrey) |
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Att: 1
Opinion - Smith v Spizzirri,
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Att: 2
Certificate of Service
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| Thursday, May 02, 2024 | ||
| 16 | 16
motion
Findings and Recommendations
Thu 05/02 3:53 PM
FINDINGS AND RECOMMENDATION TO GRANT IN PART AND DENY IN PART DEFENDANT PACIFIC AQUASCAPES, INC.'S MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS re8 - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 5/2/2024. ? Based on the foregoing, the Court FINDS AND RECOMMENDS that the district court GRANT IN PART AND DENY IN PART Defendant Pacific Aquascapes, Inc.'s Motion to Compel Arbitration and Stay Proceedings (ECF No. 8). The Court RECOMMENDS that the district court GRANT Defendant's request to compel arbitration. The Court further RECOMMENDS that the district court DENY Defendant's request for a stay and DISMISS the case. (jni) |
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| Wednesday, May 01, 2024 | ||
| 15 | 15
minutes
Motion Hearing 3 - Set Ripe Deadline
Wed 05/01 11:16 AM
EP:8 DEFENDANT PACIFIC AQUASCAPES, INC.'S MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS hearing held. Arguments heard. 8 Motion is taken under advisement. Court to issue an order. (FTR-CT 6 / 10:55 - 11:10) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb) |
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| Wednesday, April 03, 2024 | ||
| 14 | 14
respm
Reply to Response to Motion
Wed 04/03 1:50 PM
REPLY to Response to Motion re8 MOTION to Compel Defendant Pacific Aquascapes, Inc.'s Motion to Compel Arbitration and Stay Proceedings DEFENDANT PACIFIC AQUASCAPES, INC.S REPLY MEMORANDUM IN SUPPORT OF ITS MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS FILED FEBRUARY 23, 2024; CERTIFICATE OF SERVICE filed by Pacific Aquascapes, Inc.. (Tokunaga, Jacob) |
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| Wednesday, March 27, 2024 | ||
| 13 | 13
23
pgs
respm
Memorandum in Opposition to Motion
Wed 03/27 2:04 PM
MEMORANDUM in Opposition re8 MOTION to Compel Defendant Pacific Aquascapes, Inc.'s Motion to Compel Arbitration and Stay Proceedings filed by Michael J. Waynant.(Muzzi, Christopher) |
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Att: 1
Declaration Michael J. Waynant,
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Att: 2
Certificate of Service
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| Thursday, March 07, 2024 | ||
| 12 | 12
minutes
Link 1 - Terminate Hearings 2 - Set Hearings
Thu 03/07 2:19 PM
EO: In light of8 Defendant Pacific Aquascapes, Inc.'s Motion to Compel Arbitration and Stay Proceedings, the Telephonic Rule 16 Scheduling Conference previously set for 03/11/2024 IS CONTINUED TO 06/13/2024 at 9:30 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Scheduling conference statements are due by 6/06/2024. Parties are to participate via telephone through the Courts Zoom Teleconference . Call-in information for this hearing is below. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing. Dial in number: 1-833-568-8864 Access Code: 160 8983 1896 (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb) |
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| Monday, March 04, 2024 | ||
| 11 | 11
misc
Scheduling Conference Statement
Mon 03/04 8:52 AM
Scheduling Conference Statement ; Certificate of Service . (Muzzi, Christopher) |
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| Thursday, February 29, 2024 | ||
| 10 | 10
misc
Scheduling Conference Statement
Thu 02/29 12:34 PM
Scheduling Conference Statement Defendant Pacific Aquascapes, Inc.'s Scheduling Conference Statement; Certificate of Service . (Tokunaga, Jacob) |
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| Wednesday, February 28, 2024 | ||
| 9 | 9
minutes
2 - Set Motion Deadlines/Hearings (inc F&R)
Wed 02/28 2:50 PM
EO: The Court sets a hearing on8 Defendant Pacific Aquascapes, Inc.'s Motion to Compel Arbitration and Stay Proceedings for 05/1/2024 at 11:00 a.m. in Courtroom 6 before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Plaintiff shall file an opposition by 03/27/2024. Defendant may file a reply by 04/03/2024. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(kjm2) |
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| Friday, February 23, 2024 | ||
| 8 | 8
motion
Compel
Fri 02/23 2:13 PM
MOTION to Compel Defendant Pacific Aquascapes, Inc.'s Motion to Compel Arbitration and Stay Proceedings Jeffrey S. Harris appearing for Defendant Pacific Aquascapes, Inc.(Harris, Jeffrey) |
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Att: 1
Memorandum in Support of Motion,
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Att: 2
Declaration of Donald Morrison,
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Att: 3
Exhibit A (Emplymnt Agmt),
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Att: 4
Exhibit B (7.14.20 Email),
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Att: 5
Exhibit C (Ltr to Doctor),
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Att: 6
Exhibit D (C&C Rpt),
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Att: 7
Certificate of Service
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| Thursday, February 22, 2024 | ||
| 7 | 7
misc
Report of Planning Meeting
Thu 02/22 4:40 PM
REPORT of Planning Meeting ; Certificate of Service . (Muzzi, Christopher) |
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| Friday, February 16, 2024 | ||
| 6 | 6
answer
Answer to Complaint
Fri 02/16 12:02 PM
ANSWER to Complaint Defendant Pacific Aquascapes, Inc.'s Answer to Complaint Filed January 23, 2024; Certificate of Service by Pacific Aquascapes, Inc..(Tokunaga, Jacob) |
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| Monday, February 12, 2024 | ||
| 5 | 5
misc
Corporate Disclosure Statement
Mon 02/12 10:55 AM
Corporate Disclosure Statement by Pacific Aquascapes, Inc. identifying Corporate Parent Pacific Aquascapes, Inc. for Pacific Aquascapes, Inc... (Harris, Jeffrey) |
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| Friday, February 09, 2024 | ||
| 4 | 4
misc
Notice to Parties RE: Corporate Disclosure Statement
Fri 02/09 4:20 PM
Notice to Parties Re: Corporate Disclosure Statements: Federal Rule of Civil Procedure 7.1 and Criminal Rule 12.4 both address the filing of Corporate Disclosure Statements. Both rules state A party must:(1) file the Rule 7.1(a) (or 12.4(a)) statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court, and (2) promptly file a supplemental statement upon a change in the information that the statement requires. (eta) |
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| 3 | 3
1
pgs
order
Order Setting Rule 16
Fri 02/09 4:18 PM
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:30AM on 3/11/2024 before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE DERRICK K. WATSON on 2/9/2024. ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER MUST BE SERVED WITH THE DOCUMENT. (eta) |
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| 2 | 2
notice
Notice of Case Assignment
Fri 02/09 4:12 PM
NOTICE of Case Assignment: Please reflect Civil case number CV 24-00065 HG-KJM on all further pleadings . (eta) |
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| 1 | 1
notice
Notice of Removal
Fri 02/09 3:27 PM
NOTICE OF REMOVAL by Pacific Aquascapes, Inc. from Circuit Court of the First Circuit, State of Hawaii, case number Civ No. 1CCV-24-0000111. ( Filing fee $ 405 receipt number AHIDC-2959031), filed by Pacific Aquascapes, Inc..(Harris, Jeffrey) |
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Att: 1
Exhibit A (Complaint),
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Att: 2
Exhibit B (Exs 1-2 to Complaint),
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Att: 3
Exhibit C (Summons),
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Att: 4
Exhibit D (Demand for Jury Trial),
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Att: 5
Exhibit E (Order Setting Sched Conf),
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Att: 6
Exhibit F (Zoom Video Conf Instrucs),
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Att: 7
Certificate of Service,
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Att: 8
Civil Cover Sheet
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