City of Boulder v. USA et al
| Colorado District Court | |
| Judge: | Nina Y Wang |
| Referred: | Cyrus Y Chung |
| Case #: | 1:24-cv-02057 |
| Nature of Suit | 290 Real Property - All Other Real Property |
| Cause | 28:2409(a) Quiet Title Action |
| Case Filed: | Jul 26, 2024 |
| Last checked: Thursday Jan 23, 2025 2:26 AM MST |
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Defendant
Michael G Whitaker
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Represented By
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Defendant
Federal Aviation Administration, The
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Represented By
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Defendant
USA
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Represented By
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Plaintiff
City of Boulder
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Represented By
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| Docket last updated: 2 hours ago |
| Friday, February 14, 2025 | ||
| 37 | 37
order
Order on Motion to Withdraw as Attorney
Fri 02/14 7:57 AM
MINUTE ORDER granting the36 Motion to Withdraw as Attorney. Attorney Megan Riley Scott is terminated from her representation of Plaintiff in this case. By Judge Nina Y. Wang on 02/14/2025. Text Only Entry(nywlc2, ) |
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| Thursday, February 13, 2025 | ||
| 36 | 36
motion
Withdraw as Attorney
Thu 02/13 4:29 PM
MOTION to Withdraw as Attorney by Plaintiff City of Boulder.(Scott, Megan) |
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Att: 1
Proposed Order (PDF Only) Proposed Order Granting Motion to Withdraw as Counsel
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| Friday, February 07, 2025 | ||
| 35 | 35
respm
Reply to Response to Motion
Fri 02/07 1:19 PM
REPLY to Response to26 MOTION to Dismiss for Lack of Jurisdiction the 1 Complaint MOTION to Dismiss for Failure to State a Claim filed by Defendants USA, Federal Aviation Administration, The, Michael G Whitaker. (Isler, Thomas) |
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| Tuesday, February 04, 2025 | ||
| 34 | 34
order
Order on Motion for Leave to File Excess Pages
Tue 02/04 3:23 PM
MINUTE ORDER: The33 Unopposed Motion for Leave to File Excess Pages is GRANTED . Defendants may file a reply brief not to exceed 20 pages . By Judge Nina Y. Wang on 02/04/2025. Text Only Entry(nywlc2, ) |
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| 33 | 33
motion
File Excess Pages
Tue 02/04 9:26 AM
Unopposed MOTION for Leave to File Excess Pages for Reply in Support of 26 Motion to Dismiss by Defendants USA, Federal Aviation Administration, The, Michael G Whitaker.(Isler, Thomas) |
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Att: 1
Proposed Order (PDF Only) Granting Motion
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| Tuesday, January 07, 2025 | ||
| 32 | 32
respm
Response to Motion
Tue 01/07 1:52 PM
RESPONSE to26 MOTION to Dismiss for Lack of Jurisdiction the 1 Complaint MOTION to Dismiss for Failure to State a Claim filed by Plaintiff City of Boulder.(Osit, Steven) |
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Att: 1
Exhibit A - Order 5190.6B, Change 2 (Dec. 9, 2022),
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Att: 2
Exhibit B - Order 5190.6A (Oct. 2, 1989),
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Att: 3
Exhibit C - Order 5190.6B, Change 1 (Nov. 22, 2021),
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Att: 4
Exhibit D - Order 5190.6B, Change 3 (Sept. 15, 2023),
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Att: 5
Exhibit E - FAA Letter (Mar. 20, 2024)
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| Monday, January 06, 2025 | ||
| 31 | 31
misc
Reassigning Magistrate Judge
Mon 01/06 10:35 AM
REASSIGNING MAGISTRATE JUDGE. This action is reassigned to Magistrate Judge Cyrus Y. Chung upon his appointment. All future pleadings should reference Magistrate Judge Chung at the end of the civil action number (such as 24-cv-02057-NYW-CYC). Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained and will now be handled by Magistrate Judge Chung in Courtroom C-205 in the Byron G. Rogers Courthouse, 1961 Stout St, Denver, CO 80294. If previously directed to contact Chief Magistrate Judge Michael E. Hegarty or his Chambers, Parties shall instead contact Chung Chambers at the following telephone number or email address: 303-335-2761 and Chung_Chambers@cod.uscourts.gov. (Text only entry) (norlin, ) |
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| Wednesday, December 18, 2024 | ||
| 30 | 30
order
Order on Motion for Leave to File Excess Pages
Wed 12/18 3:44 PM
MINUTE ORDER: The29 City of Boulder's Unopposed Motion for Leave to File Excess Pages is GRANTED . Plaintiff may file a response not to exceed 35 pages . By Judge Nina Y. Wang on 12/18/2024. Text Only Entry(nywlc2, ) |
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| 29 | 29
motion
File Excess Pages
Wed 12/18 12:23 PM
Unopposed MOTION for Leave to File Excess Pages by Plaintiff City of Boulder.(Osit, Steven) |
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Att: 1
Proposed Order (PDF Only)
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| Monday, December 09, 2024 | ||
| 28 | 28
order
Order on Motion for Order
Mon 12/09 4:11 PM
MINUTE ORDER: The27 Second Joint Motion to Amend Briefing Schedule is GRANTED . Plaintiff's response brief is due 1/7/2025 . Defendants' reply brief is due 2/7/2025 . By Judge Nina Y. Wang on 12/09/2024. Text Only Entry(nywlc2, ) |
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| 27 | 27
6
pgs
motion
Order
Mon 12/09 10:29 AM
Joint MOTION for Order to Amend Briefing Schedule by Plaintiff City of Boulder.(Osit, Steven) |
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Att: 1
Proposed Document
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| Friday, November 01, 2024 | ||
| 26 | 26
motion
Dismiss/Lack of Jurisdiction Dismiss for Failure to State a Claim
Fri 11/01 6:11 PM
MOTION to Dismiss for Lack of Jurisdiction the 1 Complaint , MOTION to Dismiss for Failure to State a Claim by Defendants USA, Federal Aviation Administration, The, Michael G Whitaker.(Isler, Thomas) |
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Att: 1
Exhibit 1, 1991 Grant Assurances,
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Att: 2
Exhibit 2, FAA Order 5190.6B (Airport Compliance Manual excerpts, 2009),
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Att: 3
Exhibit 3, FAA Order 5190.6B (Airport Compliance Manual excerpts, 2023)
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| Friday, October 25, 2024 | ||
| 25 | 25
order
Order on Motion for Leave to File Excess Pages
Fri 10/25 2:28 PM
MINUTE ORDER: The24 Unopposed Motion for Leave to File Excess Pages is GRANTED . Defendants may file a motion to dismiss not to exceed 35 pages . By Judge Nina Y. Wang on 10/25/2024. Text Only Entry (nywlc2, ) |
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| 24 | 24
motion
File Excess Pages
Fri 10/25 12:49 PM
Unopposed MOTION for Leave to File Excess Pages for Anticipated Motion to Dismiss by Defendants Federal Aviation Administration, The, USA, Michael G Whitaker.(Isler, Thomas) |
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Att: 1
Proposed Order (PDF Only) Granting Motion
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| Monday, October 21, 2024 | ||
| 23 | 23
minutes
Scheduling Conference ~Util - Case Stayed
Tue 10/22 8:23 AM
COURTROOM MINUTES for proceedings held before Magistrate Judge Michael E. Hegarty: Scheduling Conference held on 10/21/2024. Case stayed. FTR: A501. (cthom, ) |
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| Friday, October 11, 2024 | ||
| 22 | 22
order
Order on Motion for Order
Fri 10/11 10:22 AM
ORDER granting ECF18 the Parties' "Joint Motion to Amend Briefing Schedule" for good cause shown. Accordingly, the Court extends Defendants' deadline to answer or otherwise respond to ECF1 the Complaint to November 1, 2024 . Plaintiff shall file its Response on or before December 17, 2024 . Defendants may file their Reply on or before January 17, 2025 . Entered by Chief Magistrate Judge Michael E. Hegarty on 10/11/24. Text Only Entry (mehlc8) |
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| Thursday, October 10, 2024 | ||
| 21 | 21
order
Memorandum
Thu 10/10 9:19 PM
MEMORANDUM regarding18 Joint MOTION for Order to Amend Briefing Schedule . Motion referred to Magistrate Judge Michael E. Hegarty. By Judge Nina Y. Wang on 10/10/2024. Text Only Entry (nywlc7, ) |
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| 20 | 20
misc
Consent to Jurisdiction of Magistrate Judge
Thu 10/10 4:40 PM
CONSENT to Jurisdiction of Magistrate Judge by Plaintiff City of Boulder All parties do not consent.. (Osit, Steven) |
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| 19 | 19
misc
Proposed Scheduling Order
Thu 10/10 4:34 PM
Proposed Scheduling Order by Plaintiff City of Boulder. (Osit, Steven) |
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| 18 | 18
5
pgs
motion
Order
Thu 10/10 8:56 AM
Joint MOTION for Order to Amend Briefing Schedule by Defendants Federal Aviation Administration, The, USA, Michael G Whitaker.(Isler, Thomas) |
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Att: 1
Proposed Order (PDF Only) Amending Briefing Schedule
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| Wednesday, September 25, 2024 | ||
| 17 | 17
1
pgs
order
Order on Motion for Order
Wed 09/25 9:03 AM
MINUTE ORDER: Before the Court is the Parties' "Joint Motion to Amend or Set Initial Case Deadlines." ECF15 . The Court grants in part and denies without prejudice in part the Motion [ECF15 ] as follows. The Court grants the Motion to the extent that it asks the Court to extend Defendants' deadline to answer or otherwise respond to Plaintiff's Complaint to October 23, 2024 . Further, should Defendant indeed file a Motion to Dismiss in this case, the Court sets the following deadlines: Plaintiff's deadline to file Response to Defendants' Motion to Dismiss, if filed: December 6, 2024 . Defendants' deadline to file Reply in support of their Motion to Dismiss, if desired: January 10, 2025 . However, to the extent that the Motion asks the Court to "vacate and reset the Scheduling Conference and related Rule 26(f) conference and proposed scheduling order deadlines for some point after the briefing on the motion to dismiss is complete," the Court denies such relief. Entered by Magistrate Judge Michael E. Hegarty on 9/25/2024.(dgumb, ) |
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| Tuesday, September 24, 2024 | ||
| 16 | 16
order
Memorandum
Tue 09/24 11:12 AM
MEMORANDUM regarding15 Joint MOTION for Order to Amend or Set Initial Case Deadlines filed by Federal Aviation Administration, The, Michael G Whitaker, USA. Motion referred to Magistrate Judge Michael E. Hegarty. By Judge Nina Y. Wang on 09/24/2024. Text Only Entry (nywlc2, ) |
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| 15 | 15
6
pgs
motion
Order
Tue 09/24 11:01 AM
Joint MOTION for Order to Amend or Set Initial Case Deadlines by Defendants Federal Aviation Administration, The, USA, Michael G Whitaker.(Isler, Thomas) |
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Att: 1
Proposed Order (PDF Only) Granting Motion
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| Tuesday, September 03, 2024 | ||
| 14 | 14
service
Affidavit/Return of Service - Executed as to USA - Complaint
Tue 09/03 10:40 AM
SUMMONS Returned Executed upon defendant(s) Federal Aviation Administration, The served on 7/26/2024, answer due 9/24/2024; USA served on 7/26/2024, answer due 9/24/2024; Michael G Whitaker served on 7/26/2024, answer due 9/24/2024.(Caravello, Samantha) |
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Att: 1
Exhibit Proof of Service
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| Thursday, August 29, 2024 | ||
| 13 | 13
order
Minute Order
Thu 08/29 2:51 PM
MINUTE ORDER: Proposed Scheduling Order due 10/11/2024 . Scheduling Conference reset for 10/21/2024 10:15 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. Entered by Magistrate Judge Michael E. Hegarty on 8/29/2024. (dgumb, ) |
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| 12 | 12
notice
Notice of Entry of Appearance
Thu 08/29 12:45 PM
NOTICE of Entry of Appearance by Thomas Alan Isler on behalf of Federal Aviation Administration, The, USA, Michael G WhitakerAttorney Thomas Alan Isler added to party Federal Aviation Administration, The(pty:dft), Attorney Thomas Alan Isler added to party USA(pty:dft), Attorney Thomas Alan Isler added to party Michael G Whitaker(pty:dft) (Isler, Thomas) |
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| Tuesday, August 06, 2024 | ||
| 11 | 11
notice
Notice of Entry of Appearance
Tue 08/06 6:14 AM
NOTICE of Entry of Appearance by William Eric Pilsk on behalf of City of Boulder Attorney William Eric Pilsk added to party City of Boulder (pty:pla) (Pilsk, William) |
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| Monday, August 05, 2024 | ||
| 10 | 10
notice
Notice of Entry of Appearance
Mon 08/05 12:06 PM
NOTICE of Entry of Appearance by Megan Riley Scott on behalf of City of Boulder Attorney Megan Riley Scott added to party City of Boulder (pty:pla) (Scott, Megan) |
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| Friday, August 02, 2024 | ||
| 9 | 9
notice
Notice of Entry of Appearance
Fri 08/02 9:36 AM
NOTICE of Entry of Appearance by Samantha R. Caravello on behalf of City of Boulder Attorney Samantha R. Caravello added to party City of Boulder (pty:pla) (Caravello, Samantha) |
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| Thursday, August 01, 2024 | ||
| 8 | 8
notice
Notice of Entry of Appearance
Thu 08/01 10:48 AM
NOTICE of Entry of Appearance by Teresa Taylor Tate on behalf of City of Boulder Attorney Teresa Taylor Tate added to party City of Boulder (pty:pla) (Tate, Teresa) |
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| 7 | 7
notice
Notice of Entry of Appearance
Thu 08/01 10:29 AM
NOTICE of Entry of Appearance by Veronique M. Van Gheem on behalf of City of Boulder Attorney Veronique M. Van Gheem added to party City of Boulder (pty:pla) (Van Gheem, Veronique) |
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| 6 | 6
notice
Notice of Entry of Appearance
Thu 08/01 9:39 AM
NOTICE of Entry of Appearance by Luis Angel Toro on behalf of City of Boulder Attorney Luis Angel Toro added to party City of Boulder (pty:pla) (Toro, Luis) |
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| Tuesday, July 30, 2024 | ||
| 5 | 5
order
Minute Order
Tue 07/30 11:41 AM
MINUTE ORDER: On July 26, 2024, District Judge Nina Y. Wang referred the above-captioned case to Chief Magistrate Judge Michael E. Hegarty. ECF 4 . Proposed Scheduling Order due 10/8/2024 . Scheduling Conference set for 10/15/2024 10:30 AM in Courtroom A 501 before Chief Magistrate Judge Michael E. Hegarty. It is ORDERED that Plaintiff shall notify all Parties who have not entered an appearance of the date and time of the Scheduling Conference . Entered by Chief Magistrate Judge Michael E. Hegarty on 7/30/2024. (dgumb, ) |
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| Friday, July 26, 2024 | ||
| 4 | 4
order
Order Referring Case to Magistrate Judge
Fri 07/26 3:54 PM
ORDER REFERRING CASE: This case is referred to Magistrate Judge Michael E. Hegarty for non-dispositive matters . Pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, and (3) hear and determine pretrial matters, including discovery and other non-dispositive motions. Court-sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the request of the Parties by motion, this Court may direct the Parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. Alternatively, the Magistrate Judge, at his discretion, may convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. Counsel for the Parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Practice Standards, as well as the Practice Standards of the assigned Magistrate Judge. By Judge Nina Y. Wang on 07/26/2024. Text Only Entry (nywlc2, ) |
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| 3 | 3
misc
Summons Issued
Fri 07/26 2:27 PM
SUMMONS issued by Clerk. (ykare, ) |
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Att: 1
Summons,
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Att: 2
Summons,
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Att: 3
Summons,
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Att: 4
Magistrate Judge Consent Form
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| 2 | 2
misc
Case Assigned to Judge
Fri 07/26 2:11 PM
Case assigned to Judge Nina Y. Wang and drawn to Magistrate Judge Michael E. Hegarty. Text Only Entry (ykare, ) |
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| 1 | 1
cmp
Complaint
Fri 07/26 11:00 AM
COMPLAINT against Federal Aviation Administration, UNITED STATES OF AMERICA, Michael G Whitaker (Filing fee $ 405,Receipt Number ACODC-9793382)Attorney Steven Lloyd Osit added to party City of Boulder (pty:pla), filed by City of Boulder.(Osit, Steven) |
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Att: 1
Exhibit 1959 Grant Agreement,
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Att: 2
Exhibit Tract 1,
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Att: 3
Exhibit Tract 5-I and 5-II,
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Att: 4
Exhibit 1977 Grant Agreement,
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Att: 5
Exhibit Tract 4-I,
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Att: 6
Exhibit 1991 Grant Agreement,
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Att: 7
Exhibit Tract 12,
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Att: 8
Exhibit Airport Property Map,
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Att: 9
Summons,
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Att: 10
Summons,
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Att: 11
Summons,
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Att: 12
Summons,
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Att: 13
Civil Cover Sheet
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