California Northern District Court
Judge:Edward J Davila
Case #: 5:24-cv-03676
Nature of Suit190 Contract - Other Contract
Cause28:1332 Diversity-Other Contract
Case Filed:Jun 19, 2024
Last checked: Monday Dec 16, 2024 12:16 AM PST
Defendant
Capital Asset Exchange and Trading, LLC
Represented By
Christopher Ramsey Edgar
Seubert French Frimel & Warner LLP
contact info
William J. Frimel
Seubert Frimel & Warner LLP
contact info
Plaintiff
Epicrew USA
Represented By
Rashi Mishra
Clark Hill PLC
contact info
Bradford Grice Hughes
Clark Hill PLC
contact info


Docket last updated: 05/02/2025 11:59 PM PDT
Thursday, April 10, 2025
46 46 minutes Status Conference ~Util - Set Deadlines/Hearings Thu 04/10 10:55 AM
Minute Entry for proceedings held before Judge Edward J. Davila: Status Conference held on 4/10/2025. Parties update the Court on the status of the case: -Settlement not completed. Replacement equipment provided to Plaintiff not adequate; Plaintiff wants to continue with litigation, and parties will continue resolutions discussions while case proceeds. Plaintiff's Motion to Amend Complaint (ECF No. 31 ) remains pending. The Court will review the matter and determine whether a hearing is needed. Initial Case Management Conference set for 6/5/2025 10:00 AM in San Jose, Courtroom 4, 5th Floor. Joint Case Management Statement due by 5/23/2025. See Standing Order for All Judges of the Northern District of California: Contents of Case Management Statement, available at https://www.cand.uscourts.gov/rules/judges-standing-orders/ The Court does not issue a revised Initial Case Management Scheduling Order with ADR Deadlines. Standing orders can be downloaded from the court's web page at https://www.cand.uscourts.gov/judges/davila-edward-j-ejd/ Total Time in Court: 8 min (9:49-9:57 AM). Court Reporter: Irene Rodriguez. Plaintiff Attorney: Rashi Mishra. Defendant Attorney: William Frimel. (This is a text-only entry generated by the court. There is no document associated with this entry.) (crr, COURT STAFF) (Date Filed: 4/10/2025)
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Thursday, April 03, 2025
45 45 2 pgs misc Status Report Thu 04/03 1:15 PM
STATUS REPORT (jointly submitted by parties) by Capital Asset Exchange and Trading, LLC. (Edgar, Christopher)
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Monday, March 03, 2025
44 44 oth_evt Clerk's Notice Mon 03/03 11:37 AM
CLERK'S NOTICE. Status Conference set for 3/6/2025 is CONTINUED to 4/10/2025 at 10:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Updated Joint Status Report due by 4/3/2025. (This is a text-only entry generated by the court. There is no document associated with this entry.) (crr, COURT STAFF)
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Wednesday, February 26, 2025
43 43 2 pgs misc Status Report Wed 02/26 2:09 PM
STATUS REPORT (jointly submitted by parties) by Capital Asset Exchange and Trading, LLC. (Edgar, Christopher)
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Friday, January 31, 2025
42 42 oth_evt Clerk's Notice Fri 01/31 10:25 PM
CLERK'S NOTICE. Status Conference set for 2/6/2025 is CONTINUED to 3/6/2025 at 10:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Updated Joint Status Report or Dismissal due by 2/28/2025. (This is a text-only entry generated by the court. There is no document associated with this entry.) (crr, COURT STAFF)
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Thursday, January 30, 2025
41 41 2 pgs misc Status Report Thu 01/30 5:14 PM
STATUS REPORT REGARDING SETTLEMENT by Epicrew USA. (Mishra, Rashi)
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Monday, January 06, 2025
40 40 1 pgs order Order ~Util - Set Deadlines/Hearings ~Util - Terminate Motions Mon 01/06 4:36 PM
ORDER SETTING STATUS CONFERENCE AND DIRECTING PARTIES TO FILE DISMISSAL OR JOINT STATUS REPORT. Signed by Judge Edward J. Davila on 1/6/2025. (crr, COURT STAFF)
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Wednesday, December 18, 2024
39 39 minutes Settlement Conference 1 - Terminate Hearings Fri 01/03 12:52 PM
Minute Entry for proceedings held before Magistrate Judge Susan van Keulen. Settlement Conference held on 12/18/2024 via Zoom. Case settled. Attorneys Bradford Hughes, Rashi Mishra with plaintiff. Attorney William J. Frimel for defendant. Time in Court: 4 hours. Pre-Settlement Conference Call held 12/16/2024. Bradford Hughes, Rashi Mishra for plaintiff. William J. Frimel for defendant. Time in Court: 1 hour. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Date Filed: 12/18/2024)
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Friday, December 13, 2024
38 38 oth_evt Clerk's Notice Fri 12/13 4:34 PM
CLERK'S NOTICE SETTING ZOOM CONFERENCE CALL RE SETTLEMENT. Zoom Conference Call for counsel only set for 12/16/2024 at 1:30 PM with Magistrate Judge Susan van Keulen. Counsel emailed Judge van Keulen's Recurring Zoom Meeting Link. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jhf, COURT STAFF)
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Thursday, November 21, 2024
37 37 7 pgs respm Reply to Opposition/Response Thu 11/21 1:33 PM
REPLY Related [+] filed byEpicrew USA.(Hughes, Bradford)
Related: [-] 31 First MOTION for Leave to File an Amended Complaint
Att: 1 5 pgs Exhibit Exhibit to Plaintiff Epicrew USA's Reply to Defendant's Opposition to Plaintiff's Motion for Leave to File Amended Complaint
Thursday, November 14, 2024
36 36 2 pgs oth_sup Declaration in Opposition Thu 11/14 9:26 AM
DECLARATION of William J. Frimel in Opposition to35 Opposition/Response to Motion filed byCapital Asset Exchange and Trading, LLC. Related [+] (Edgar, Christopher)
Related: [-] 35
Att: 1 5 pgs Exhibit A to Declaration of William J. Frimel,
Att: 2 3 pgs Exhibit B to Declaration of William J. Frimel
35 35 9 pgs respm Opposition/Response to Motion Thu 11/14 9:24 AM
Defendant's OPPOSITION Related [+] filed by Capital Asset Exchange and Trading, LLC. (Edgar, Christopher) Modified on 11/14/2024 (mbc, COURT STAFF).
Related: [-] 31 First MOTION for Leave to File an Amended Complaint
Wednesday, November 13, 2024
34 34 1 pgs misc Transcript Order Wed 11/13 4:11 PM
TRANSCRIPT ORDER for proceedings held on 10/03/2024 before Judge Edward J. Davila by Epicrew USA, for Court Reporter Irene Rodriguez. (Mishra, Rashi)
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33 33 minutes Settlement Conference 1 - Terminate Deadlines and Hearings Wed 11/13 3:46 PM
Minute Entry for proceedings held before Magistrate Judge Susan van Keulen: Zoom Conference Call re settlement held on 11/13/2024. Total Time in Court: 1 hour. Court Reporter: Not reported/recorded. Plaintiff Attorney: Bradford Hughes, Rashi Mishra. Defendant Attorney: William J. Frimel. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jhf, COURT STAFF) (Date Filed: 11/13/2024)
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32 32 misc Transcript Wed 11/13 11:20 AM
Transcript of Proceedings held on 10/03/2024, before Judge Davila. Court Reporter Irene L. Rodriguez, email address Irene_Rodriguez@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 2/11/2025. (Rodriguez, Irene)
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Thursday, October 31, 2024
31 31 13 pgs motion Leave to File Document Thu 10/31 4:07 PM
First MOTION for Leave to File an Amended Complaint filed by Epicrew USA.(Hughes, Bradford)
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Att: 1 44 pgs Declaration Declaration of Bradford G. Hughes in Support of Motion for Leave to File Amended Complaint,
Att: 2 3 pgs Proposed Order
utility Set Motion and Deadlines/Hearings Thu 10/31 5:18 PM
Set Deadlines/Hearing as to31 First MOTION for Leave to Amend Complaint. Opposition due by 11/14/2024. Reply due by 11/21/2024. Motion Hearing set for 1/16/2025 at 9:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. (crr, COURT STAFF)
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Wednesday, October 30, 2024
30 30 2 pgs misc Transcript Order Wed 10/30 10:53 AM
TRANSCRIPT ORDER for proceedings held on October 3, 2024 before Judge Edward J. Davila by Capital Asset Exchange and Trading, LLC, for Court Reporter Irene Rodriguez. (Edgar, Christopher)
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Friday, October 11, 2024
29 29 notice Notice of Appearance/Substitution/Change/Withdrawal of Attorney Fri 10/11 12:00 PM
NOTICE of Appearance filed by Christopher Ramsey Edgar on behalf of Capital Asset Exchange and Trading, LLC (Edgar, Christopher)
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Monday, October 07, 2024
28 28 oth_evt Clerk's Notice Mon 10/07 10:33 AM
CLERK'S NOTICE SETTING ZOOM CONFERENCE CALL AND ZOOM SETTLEMENT CONFERENCE. Zoom Settlement Conference set for 12/18/24 9:30 am before Magistrate Judge Susan van Keulen. Counsel emailed Judge van Keulen's Recurring Zoom Meeting Link. Settlement conference statements are due by 10/30/24. The parties shall familiarize themselves with Judge van Keulen's Standing Order re: Settlement Conference Procedures at http://www.cand.uscourts.gov/svkorders. Zoom Conference Call set for 11/13/24 at 2:00 pm for counsel only. Counsel emailed Judge van Keulen's Recurring Zoom Meeting Link. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jhf, COURT STAFF)
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Thursday, October 03, 2024
27 27 1 pgs order Order Referring Case to Magistrate Judge for Settlement ~Util - Set/Clear Flags Thu 10/03 10:35 AM
ORDER REFERRING CASE TO MAGISTRATE JUDGE SUSAN VAN KEULEN FOR SETTLEMENT. Signed by Judge Edward J. Davila on 10/3/2024. (crr, COURT STAFF)
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26 26 minutes Motion Hearing 1 - Terminate Hearings Thu 10/03 10:20 AM
Minute Entry for proceedings held before Judge Edward J. Davila: Motion Hearing held on 10/3/2024 re 13 Motion to Dismiss filed by Capital Asset Exchange and Trading, LLC. Argument of Counsel heard. The Court takes the motion under submission. Order to issue. The Parties are referred for a settlement conference before Magistrate Judge Susan van Keulen and directed to reach out and set an initial meeting with the Magistrate Judge in November 2024 and to set a settlement conference, if possible, in December 2024. Referral Order to issue. The Parties will keep this Court apprised of the schedule and progress. The Initial Case Management Conference is vacated. The Court stays any obligations related to discovery, disclosures and other responses. Total Time in Court: 28 min (9:12-9:40 AM). Court Reporter: Irene Rodriguez. Plaintiff Attorney: Rashi Mishra. Defendant Attorney: William Frimel. (This is a text-only entry generated by the court. There is no document associated with this entry.) (crr, COURT STAFF) (Date Filed: 10/3/2024)
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25 25 notice Notice of Appearance/Substitution/Change/Withdrawal of Attorney Thu 10/03 9:03 AM
NOTICE of Appearance filed by Rashi Mishra on behalf of Epicrew USA (Mishra, Rashi)
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24 24 3 pgs misc Response to Order to Show Cause Thu 10/03 7:45 AM
RESPONSE TO ORDER TO SHOW CAUSE by Epicrew USA . (Hughes, Bradford)
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Wednesday, October 02, 2024
23 23 1 pgs order Order to Show Cause Wed 10/02 3:51 PM
ORDER TO SHOW CAUSE. Response due by 10/3/2024. Signed by Judge Edward J. Davila on 10/2/2024. (ejdlc1, COURT STAFF)
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Monday, September 16, 2024
22 22 oth_evt Clerk's Notice Mon 09/16 4:16 PM
CLERK'S NOTICE CONTINUING HEARING. Initial Case Management Conference set for 9/19/2024 is CONTINUED to 10/3/2024 at 10:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. (This is a text-only entry generated by the court. There is no document associated with this entry.) (crr, COURT STAFF)
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Friday, August 30, 2024
21 21 6 pgs misc Joint Case Management Statement Fri 08/30 12:05 PM
JOINT CASE MANAGEMENT STATEMENT filed by Capital Asset Exchange and Trading, LLC. (Frimel, William)
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Thursday, August 29, 2024
20 20 1 pgs adr ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options Thu 08/29 10:58 AM
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Frimel, William)
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Wednesday, August 28, 2024
19 19 20 pgs respm Reply to Opposition/Response Wed 08/28 6:10 AM
REPLY Related [+] filed byCapital Asset Exchange and Trading, LLC. (Frimel, William)
Related: [-] 13 MOTION to Dismiss Plaintiff's Complaint
Thursday, August 15, 2024
18 18 10 pgs respm Opposition/Response to Motion Thu 08/15 10:10 AM
OPPOSITION/RESPONSE Related [+] filed byEpicrew USA. (Hughes, Bradford)
Related: [-] 13 MOTION to Dismiss Plaintiff's Complaint
Tuesday, July 30, 2024
17 17 3 pgs order Order Set Motion and Deadlines/Hearings ~Util - Terminate Motions Tue 07/30 1:33 PM
ORDER GRANTING 16 STIPULATION TO EXTEND BRIEFING SCHEDULE re 13 Motion to Dismiss. Opposition due by 8/14/2024. Reply due by 8/28/2024. Signed by Judge Edward J. Davila on 7/30/2024. (crr, COURT STAFF)
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Monday, July 29, 2024
16 16 motion Stipulation and Proposed Order Mon 07/29 5:11 PM
STIPULATION WITH PROPOSED ORDER TO EXTEND PLAINTIFF'S OPPOSITION AND DEFENDANT'S REPLY DEADLINES filed by Epicrew USA. (Hughes, Bradford)
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Thursday, July 18, 2024
15 15 2 pgs notice Certificate of Interested Entities, Corporate Disclosure Statement, or Rule 7.1 Disclosures Thu 07/18 9:28 AM
Certificate of Interested Entities by Capital Asset Exchange and Trading, LLC identifying Corporate Parent CAE Integrated LLC for Capital Asset Exchange and Trading, LLC. (Frimel, William)
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Wednesday, July 17, 2024
14 14 2 pgs oth_sup Declaration in Support Wed 07/17 4:44 PM
Declaration of William J. Frimel in Support of13 MOTION to Dismiss Plaintiff's Complaint filed byCapital Asset Exchange and Trading, LLC. Related [+] (Frimel, William)
Related: [-] 13
Att: 1 4 pgs Exhibit A to Declaration of William J. Frimel,
Att: 2 3 pgs Exhibit B to Declaration of William J. Frimel
13 13 28 pgs motion Dismiss Wed 07/17 4:41 PM
MOTION to Dismiss Plaintiff's Complaint filed by Capital Asset Exchange and Trading, LLC. Motion to Dismiss Hearing set for 10/3/2024 09:00 AM in San Jose, Courtroom 4, 5th Floor. Responses due by 7/31/2024. Replies due by 8/7/2024. (Frimel, William)
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Monday, July 08, 2024
12 12 oth_evt Clerk's Notice Mon 07/08 4:40 PM
CLERKS NOTICE RESETTING CASE MANAGEMENT CONFERENCE FOLLOWING REASSIGNMENT. Joint Case Management Statement due by 9/6/2024. Initial Case Management Conference set for 9/19/2024 10:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. The Court does not issue a revised Initial Case Management Scheduling Order with ADR Deadlines. Standing orders can be downloaded from the court's web page at [LINK:https://www.cand.uscourts.gov/judges/davila-edward-j-ejd/] (This is a text-only entry generated by the court. There is no document associated with this entry.) (crr, COURT STAFF)
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11 11 1 pgs order Order Reassigning Case ~Util - Case Assigned/Reassigned Mon 07/08 1:43 PM
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Edward J. Davila for all further proceedings. Magistrate Judge Susan van Keulen no longer assigned to case, except for discovery purposes. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.(smc, COURT STAFF)
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Att: 1 Notice of Eligibility for Video Recording
10 10 oth_evt Clerk's Notice of Impending Reassignment - Text Only Mon 07/08 12:40 PM
CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (jhf, COURT STAFF)
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9 9 misc Consent/Declination to Proceed Before a US Magistrate Judge Mon 07/08 10:53 AM
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Epicrew USA.. (Hughes, Bradford)
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8 8 order Initial Case Management Scheduling Order with ADR Deadlines Mon 07/08 10:23 AM
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 9/10/2024. Initial Case Management Conference set for 9/17/2024 09:30 AM in San Jose, - Videoconference Only. (far, COURT STAFF)
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7 7 oth_evt Clerk's Notice re: Consent or Declination Mon 07/08 8:15 AM
2ND CLERK'S NOTICE Re: Consent or Declination: Plaintiff(s) shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at:[LINK:http://cand.uscourts.gov/civilforms] . Consent/Declination due by 7/22/2024. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jhf, COURT STAFF)
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Friday, July 05, 2024
6 6 service Summons Returned Executed Fri 07/05 12:00 PM
SUMMONS Returned Executed by Epicrew USA. Capital Asset Exchange and Trading, LLC served on 6/26/2024, answer due 7/17/2024. (Hughes, Bradford)
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Thursday, June 20, 2024
5 5 service Summons Issued Thu 06/20 10:37 AM
Summons Issued as to Capital Asset Exchange and Trading, LLC. (kmg, COURT STAFF)
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4 4 utility ~Util - Case Assigned by Intake Thu 06/20 9:35 AM
Case assigned to Magistrate Judge Susan van Keulen. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 7/5/2024. (ark, COURT STAFF)
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Wednesday, June 19, 2024
3 3 misc Proposed Summons Wed 06/19 4:37 PM
Proposed Summons. (Hughes, Bradford)
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2 2 1 pgs notice Certificate of Interested Entities, Corporate Disclosure Statement, or Rule 7.1 Disclosures Wed 06/19 4:35 PM
Certificate of Interested Entities by Epicrew USA (Hughes, Bradford)
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1 1 16 pgs cmp Complaint Wed 06/19 4:33 PM
COMPLAINT against Capital Asset Exchange and Trading, LLC ( Filing fee $ 405, receipt number ACANDC-19534536.). Filed by Epicrew USA.(Hughes, Bradford)
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Att: 1 Civil Cover Sheet