Amanda Murphy v. Shiftpixy, Inc. et al
| California Central District Court | |
| Judge: | John W Holcomb |
| Referred: | Alicia G Rosenberg |
| Case #: | 8:24-cv-01634 |
| Nature of Suit | 442 Civil Rights - Employment |
| Cause | 28:1441 Notice of Removal - Employment Discrimination |
| Case Filed: | Jul 25, 2024 |
| Re-opened: | Apr 14, 2025 |
| Terminated: | Nov 25, 2024 |
| Case in other court: | Orange County Superior Court, 30-02024-01404937 |
| Last checked: Tuesday Jan 21, 2025 12:25 AM PST |
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Defendant
Connie Absher
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Represented By
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Defendant
Scott Absher
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Represented By
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Defendant
Shiftpixy, Inc.
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Represented By
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Defendant
Does
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Plaintiff
Amanda Murphy
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Represented By
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| Docket last updated: 4 hours ago |
| Monday, April 21, 2025 | ||
| 36 | 36
order
Minutes of In Chambers Order/Directive - no proceeding held ~Util - Set/Reset Deadlines/Hearings
Tue 04/22 4:09 PM
MINUTE ORDER IN CHAMBERS SCHEDULING ORDER by Judge John W. Holcomb: This case is set for trial before the Honorable John W. Holcomb in Courtroom 9D, Ronald Reagan Federal Building and U.S. Courthouse, 411 W. 4th Street, Santa Ana, California. I. PRE-TRIAL AND TRIAL DEADLINES: Jury Trial (Monday at 9:00 a.m.): Monday, March 30, 2026, 4 days. Final Pretrial Conference [L.R. 16] (Friday at 1:00 p.m.): Friday, March 13, 2026 (see document for further details) (bm) |
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| 35 | 35
order
Order/Referral to ADR (No 3) (Private Mediator) (ADR-12)
Mon 04/21 10:04 AM
ORDER/REFERRAL to ADR Procedure No 3 by Judge John W. Holcomb. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than 12/19/25. (cla) |
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| 34 | 34
textonly
Generic Text Only Entry
Mon 04/21 9:19 AM
(IN CHAMBERS) ORDER TAKING SCHEDULING CONFERENCE OFF CALENDAR by Judge John W. Holcomb: The Court has considered the parties' Joint Rule 16(b)/26(f) Report with respect to the Scheduling Conference and has concluded that the hearing on April 25, 2025, is not necessary. Accordingly, the Scheduling Conference is taken off calendar. No appearance by counsel is necessary. A separate order will issue setting the deadlines and dates for this case. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cla) |
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| Friday, April 11, 2025 | ||
| 33 | 33
misc
Joint Report Rule 26(f) Discovery Plan
Fri 04/11 3:35 PM
JOINT REPORT Rule 26(f) Discovery Plan Amended Joint Proposed Discovery Plan and FRCP Rule 26(f) Report ; estimated length of trial 7 days, filed by Defendant Shiftpixy, Inc...(Miller, Rochelle) |
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Att: 1
Exhibit A: Schedule of Pretrial and Trial Dates Worksheet
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| Thursday, March 27, 2025 | ||
| 32 | 32
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Text Only Scheduling Notice
Thu 03/27 7:12 AM
(IN CHAMBERS) ORDER by Judge John W. Holcomb: The Court has received and reviewed the parties Joint Status Report Re: Bankruptcy of Defendant Shiftpixy, Inc. (the "Report") [ECF No. 31] filed on March 24, 2025. In view of that Report, on its own motion the Court hereby ORDERS as follows: (1) the Order Staying this Case [ECF No. 28] issued on November 25, 2024, is VACATED; (2) the parties are DIRECTED to confer forthwith and to file no later than April 11, 2025, an Updated Joint Rule 26(f) Report; and (3) a Scheduling Conference is SET for April 25, 2025, at 11:00 a.m. Counsel for the parties are DIRECTED to appear in person at that date and time in Courtroom 9D, on the 9th Floor of the Ronald Reagan Federal Building and United States Courthouse at 411 W. Fourth Street Santa Ana, California. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cla) |
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| Monday, March 24, 2025 | ||
| 31 | 31
misc
Status Report
Mon 03/24 1:32 PM
STATUS REPORT re Bankruptcy filed by Plaintiff Amanda Murphy. (Clemens, Samuel) |
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| Monday, March 10, 2025 | ||
| 30 | 30
notice
Notice (Other)
Mon 03/10 11:55 AM
Notice ORDER GRANTING RELIEF FROM AUTOMATIC STAY filed by Plaintiff Amanda Murphy. (Clemens, Samuel) |
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| Friday, January 24, 2025 | ||
| 29 | 29
misc
Status Report
Fri 01/24 3:29 PM
STATUS REPORT filed by Defendant Shiftpixy, Inc.. (Miller, Rochelle) |
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| Monday, November 25, 2024 | ||
| 28 | 28
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Generic Text Only Entry
Mon 11/25 9:27 AM
(IN CHAMBERS) ORDER by Judge John W. Holcomb: The Court has received and reviewed the parties' Joint Status Report (the "Report") [ECF No. 27]. In view of this report, this case is STAYED until further order of this Court. Any party may move at any time to modify or vacate the stay, for good cause shown. The parties are DIRECTED to file no later than January 24, 2025, and every 60 days thereafter, an updated Status Report that advises the Court regarding the posture of this case. The Status Conference set on December 13, 2024, is VACATED. The Clerk is DIRECTED to close this case administratively. IT IS SO ORDERED. (JS-6) THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cla) |
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| Friday, November 22, 2024 | ||
| 27 | 27
misc
Status Report
Fri 11/22 3:23 PM
STATUS REPORT Joint Report Re: Effect of Bankruptcy of Defendant Shiftpixy, Inc. filed by Defendant Shiftpixy, Inc.. (Miller, Rochelle) |
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| Wednesday, November 20, 2024 | ||
| 26 | 26
order
Substitute Attorney
Thu 11/21 8:48 AM
ORDER by Judge John W. Holcomb granting24 Request to Substitute Attorney. Attorney Kelli Dreger and Rochelle Miller terminated. (yl) |
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| 25 | 25
order
Substitute Attorney
Thu 11/21 8:43 AM
ORDER by Judge John W. Holcomb: granting23 Request to Substitute Attorney. Attorney Kelli Dreger and Rochelle Miller terminated. (yl) |
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| 24 | 24
motion
Substitute Attorney (G-01)
Wed 11/20 10:47 AM
REQUEST TO SUBSTITUTE ATTORNEY Brian D. Peters in place of attorney Rochelle N. Miller and Kelli Dreger filed by Defendant Connie Absher. (Attorney Brian D Peters added to party Connie Absher(pty:dft)) (Peters, Brian) |
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Att: 1
Proposed Order
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| 23 | 23
motion
Substitute Attorney (G-01)
Wed 11/20 10:45 AM
REQUEST TO SUBSTITUTE ATTORNEY Brian D. Peters in place of attorney Rochelle N. Miller and Kelli Dreger filed by Defendant Scott Absher. (Attorney Brian D Peters added to party Scott Absher(pty:dft)) (Peters, Brian) |
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Att: 1
Proposed Order
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| Friday, November 01, 2024 | ||
| 22 | 22
textonly
Text Only Scheduling Notice
Fri 11/01 11:29 AM
(IN CHAMBERS) ORDER by Judge John W. Holcomb: The Court has received and reviewed Defendant's "Notice of Filing Bankruptcy" (the "Notice") [ECF No. 21]. In view of the Notice, the parties are DIRECTED to file no later than November 22, 2024, a Joint Report discussing the effect of the bankruptcy filing. The Court SETS a Status Conference on Friday, December 13, 2024, at 11:00 a.m. Counsel for the parties are DIRECTED to appear in person in Courtroom 9D, on the 9th Floor of the Ronald Reagan Federal Building and United States Courthouse at 411 W. Fourth Street Santa Ana, CA 92701. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cla) |
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| Thursday, October 31, 2024 | ||
| 21 | 21
notice
Filing Bankruptcy (non-bankruptcy appeal)
Thu 10/31 4:49 PM
NOTICE OF FILING BANKRUPTCY filed by Defendant Shiftpixy, Inc.. as to Defendant, Bankruptcy Court case number 24-21209 LMI.(Dreger, Kelli) |
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Att: 1
Exhibit
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| Monday, September 16, 2024 | ||
| 20 | 20
order
Minutes of In Chambers Order/Directive - no proceeding held ~Util - Set/Reset Deadlines/Hearings
Tue 09/17 4:40 PM
SCHEDULING ORDER by Judge John W. Holcomb. This case is set for trial before the Honorable John W. Holcomb in Courtroom 9D, Ronald Reagan Federal Building and U.S. Courthouse, 411 W. 4th Street, Santa Ana, California. The Discovery cut-off is 5/30/2025. The last date to conduct settlement conference is 6/27/2025. The Final Pretrial Conference is set for 9/19/2025 at 1:00 PM. The Jury Trial is set for 10/6/2025 at 9:00 AM. Judge Holcomb hears motions in civil cases, through in-person appearances, on Fridays at 9:00 a.m. The cut-off date for hearing motions is the last day on which motions will be heard, i.e., the motion must be filed at least 28 days before the deadline in accordance with the requirements of L.R. 6-1. Counsel are encouraged to review the Central District's website for additional information: www.cacd.uscourts.gov. The Courtroom Deputy Clerk is DIRECTED to serve a copy of this Order personally, electronically, or by mail on counsel for all parties to this action. IT IS SO ORDERED. (See document for further details) (yl) |
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| 19 | 19
order
Order/Referral to ADR (No 3) (Private Mediator) (ADR-12)
Mon 09/16 10:23 AM
ORDER/REFERRAL to ADR Procedure No 3 by Judge John W. Holcomb. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than 6/27/25. (cla) |
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| Tuesday, September 10, 2024 | ||
| 18 | 18
textonly
Generic Text Only Entry
Tue 09/10 7:47 AM
(IN CHAMBERS) ORDER TAKING SCHEDULING CONFERENCE OFF CALENDAR by Judge John W. Holcomb: The Court has considered the parties' Joint Rule 16(b)/26(f) Report with respect to the Scheduling Conference and has concluded that the hearing on September 13, 2024, is not necessary. Accordingly, the Scheduling Conference is taken off calendar. No appearance by counsel is necessary. A separate order will issue setting the deadlines and dates for this case. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cla) |
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| Friday, August 30, 2024 | ||
| 17 | 17
misc
Joint Report Rule 26(f) Discovery Plan
Fri 08/30 1:56 PM
JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 7 days, filed by Plaintiff Amanda Murphy.. (Clemens, Samuel) |
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| Tuesday, July 30, 2024 | ||
| 16 | 16
misc
Miscellaneous Document
Tue 07/30 3:05 PM
Plaintiff's Amended Demand for Jury Trial (Proof of Service Attached) re: Miscellaneous Document15 (Clemens, Samuel) |
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| 15 | 15
misc
Miscellaneous Document
Tue 07/30 2:49 PM
Plaintiff's Demand For Jury Trial filed by Plaintiff Amanda Murphy (Clemens, Samuel) |
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| 14 | 14
order
Initial Order Setting R26 Scheduling Conference - form only
Tue 07/30 8:13 AM
ORDER SETTING SCHEDULING CONFERENCE by Judge John W. Holcomb. Scheduling Conference set for 9/13/2024 at 11:00 AM before Judge John W. Holcomb. (cla) |
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| 13 | 13
order
Initial Order upon Filing of Complaint - form only
Tue 07/30 8:11 AM
STANDING ORDER by Judge John W. Holcomb. (cla) |
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| Friday, July 26, 2024 | ||
| 12 | 12
notice
Notice to Counsel Re: Consent to Proceed Before a US Magistrate Judge - optional html form
Fri 07/26 1:03 PM
Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap) |
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| 11 | 11
adr
Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form
Fri 07/26 1:02 PM
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
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| 10 | 10
notice
Notice of Assignment to United States Judges (CV-18) - optional html form
Fri 07/26 1:02 PM
NOTICE OF ASSIGNMENT to District Judge John W. Holcomb and Magistrate Judge Alicia G. Rosenberg. (ghap) |
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| 9 | 9
service
Proof of Service (subsequent documents)
Fri 07/26 10:21 AM
CERTIFICATE OF SERVICE filed by Defendants Connie Absher, Scott Absher, Shiftpixy, Inc., re Declaration5 , Certificate/Notice of Interested Parties8 , Declaration6 , Declaration,3 , Notice of Removal (Attorney Civil Case Opening),,1 , Declaration4 , Civil Cover Sheet (CV-71)2 , Corporate Disclosure Statement7 served on July 25, 2024. (Dreger, Kelli) |
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| Thursday, July 25, 2024 | ||
| 8 | 8
notice
Certificate/Notice of Interested Parties
Thu 07/25 4:24 PM
CERTIFICATE of Interested Parties filed by Defendant Connie Absher, Scott Absher, Shiftpixy, Inc., (Dreger, Kelli) |
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| 7 | 7
misc
Corporate Disclosure Statement
Thu 07/25 4:22 PM
CORPORATE DISCLOSURE STATEMENT filed by Defendants Connie Absher, Scott Absher, Shiftpixy, Inc. (Dreger, Kelli) |
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| 6 | 6
misc
Declaration
Thu 07/25 4:20 PM
DECLARATION of Scott Absher re Notice of Removal (Attorney Civil Case Opening),,1 filed by Defendants Connie Absher, Scott Absher, Shiftpixy, Inc.. (Dreger, Kelli) |
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| 5 | 5
misc
Declaration
Thu 07/25 4:18 PM
DECLARATION of Connie Absher re Notice of Removal (Attorney Civil Case Opening),,1 filed by Defendants Connie Absher, Scott Absher, Shiftpixy, Inc.. (Dreger, Kelli) |
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| 4 | 4
misc
Declaration
Thu 07/25 4:15 PM
DECLARATION of Colby Benbow re Notice of Removal (Attorney Civil Case Opening),,1 filed by Defendants Connie Absher, Scott Absher, Shiftpixy, Inc.. (Dreger, Kelli) |
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| 3 | 3
misc
Declaration
Thu 07/25 4:11 PM
DECLARATION of Kelli M. Dreger re Notice of Removal (Attorney Civil Case Opening),,1 filed by Defendants Connie Absher, Scott Absher, Shiftpixy, Inc..(Dreger, Kelli) |
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Att: 1
Exhibit A to Dreger Declaration,
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Att: 2
Exhibit B to Dreger Declaration,
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Att: 3
Exhibit C to Dreger Declaration,
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Att: 4
Exhibit D to Dreger Declaration,
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Att: 5
Exhibit E to Dreger Declaration,
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Att: 6
Exhibit F to Dreger Declaration,
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Att: 7
Exhibit G to Dreger Declaration
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| 2 | 2
misc
Civil Cover Sheet (CV-71)
Thu 07/25 4:06 PM
CIVIL COVER SHEET filed by Defendants Connie Absher, Scott Absher, Shiftpixy, Inc.. (Dreger, Kelli) |
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| 1 | 1
notice
Notice of Removal (Attorney Civil Case Opening)
Thu 07/25 4:05 PM
NOTICE OF REMOVAL from Orange County Superior Court, case number 30-2024 01404937 Receipt No: ACACDC-37903045 - Fee: $405, filed by Defendants Connie Absher, Scott Absher, Shiftpixy, Inc.. (Attorney Kelli Dreger added to party Connie Absher(pty:dft), Attorney Kelli Dreger added to party Scott Absher(pty:dft), Attorney Kelli Dreger added to party Shiftpixy, Inc.(pty:dft))(Dreger, Kelli) |
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Att: 1
State Court Summons,
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Att: 2
State Court Complaint,
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Att: 3
State Court Proof of Service as to Connie Absher,
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Att: 4
State Court Proof of Service as to ShiftPixy,
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Att: 5
State Court Proof of Service as to Scott Absher,
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Att: 6
State Court Answer
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cmp
Complaint - (Discovery)
Fri 07/26 1:18 PM
CONFORMED FILED COPY OF COMPLAINT against Defendants Connie Absher, Scott Absher, Does, Shiftpixy, Inc., filed by plaintiff Amanda Murphy. (FILED IN STATE COURT ON 6/22/204 SUBMITTED ATTACHED NOTICE OF REMOVAL) (ghap) |
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service
Service of Summons and Complaint Returned Executed (21 days)
Fri 07/26 1:22 PM
CONFORMED FILED COPY OF PROOF OF SERVICE Executed by Plaintiff Amanda Murphy, upon Defendant Connie Absher served on 6/22/2024, answer due 7/15/2024. Service of the Summons and Complaint were executed upon 18841 sw 74TH CT, Cutler Bay, FL 33157 in compliance with California Code of Civil Procedure by personal service. (FILED IN STATE COURT ON 6/26/2024 SUBMITTED ATTACHED TO NOTICE OF REMOVAL) (ghap) |
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service
Service of Summons and Complaint Returned Executed (21 days)
Fri 07/26 1:25 PM
CONFORMED FILED COPY OF PROOF OF SERVICE Executed by Plaintiff Amanda Murphy, upon Defendant Shiftpixy, Inc. served on 6/25/2024, answer due 7/16/2024. Service of the Summons and Complaint were executed upon Jesse Gastellum, Intake Specialist, Authorizied to Accept Service in compliance with California Code of Civil Procedure by personal service. (FILED IN STATE COURT ON 6/26/2024 SUBMITTED ATTACHED TO NOTICE OF REMOVAL) (ghap) |
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service
Service of Summons and Complaint Returned Executed (21 days)
Fri 07/26 1:27 PM
CONFORMED FILED COPY OF PROOF OF SERVICE Executed by Plaintiff Amanda Murphy, upon Defendant Scott Absher served on 7/13/2024, answer due 8/5/2024. Service of the Summons and Complaint were executed upon 18841 sw 74TH CT, Cutler Bay, FL 33157 in compliance with California Code of Civil Procedure by personal service. (FILED IN STATE COURT ON 7/22/2024 SUBMITTED ATTACHED TO NOTICE OF REMOVAL) (ghap) |
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answer
Answer to Complaint (Discovery)
Fri 07/26 1:28 PM
NON CONFORM COPY OF ANSWER to Complaint - (Discovery) filed by Defendants Connie Absher, Scott Absher, Shiftpixy, Inc. (SUBMITTED ATTACHED TO NOTICE OF REMOVAL)(ghap) |
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