MACKLER et al v. SME, INC. USA et al
| North Carolina Eastern District Court | |
| Judge: | Louise Wood Flanagan |
| Case #: | 5:24-cv-00457 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Breach of Contract |
| Case Filed: | Aug 08, 2024 |
| Terminated: | Oct 09, 2024 |
| Case in other court: | Pennsylvania Eastern, 2:23-cv-04353 |
| Last checked: Thursday Feb 06, 2025 6:25 AM EST |
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Defendant
PAMELA C. ROUEN
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Represented By
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Defendant
ROSEMARY FURMAN ROUEN
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Represented By
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Defendant
DAVID L. ROUEN, III
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Represented By
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Defendant
DAVID L. ROUEN, JR.
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Represented By
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Defendant
SME, INC. USA
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Represented By
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Defendant
SUPERIOR MEDICAL EQUIPMENT GROUP INC.
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Represented By
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Plaintiff
ARI FUCHS
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Represented By
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Plaintiff
HILARY MACKLER
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Represented By
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Plaintiff
MARSHALL MACKLER
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Represented By
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| Docket last updated: 4 hours ago |
| Thursday, October 03, 2024 | ||
| 40 | 40
notice
Notice of Voluntary Dismissal
Thu 10/03 3:21 PM
Notice of Voluntary Dismissal filed by ARI FUCHS, HILARY MACKLER, MARSHALL MACKLER as to All Defendants. (Morgan, Graham) |
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| Thursday, September 19, 2024 | ||
| 39 | 39
1
pgs
order
Order on Motion for Extension of Time to File Response/Reply
Thu 09/19 4:13 PM
ORDER granting 37 Consent MOTION for Extension of Time to File Response as to 34 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 34 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Responses due by 10/4/2024. Signed by District Judge Louise Wood Flanagan on 9/19/2024. (Collins, S) |
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| Wednesday, September 18, 2024 | ||
| 38 | 38
notice
Notice of Appearance
Wed 09/18 4:01 PM
Notice of Appearance filed by Allen L. West on behalf of All Plaintiffs. (West, Allen) |
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| 37 | 37
motion
Extension of Time to File Response/Reply
Wed 09/18 3:51 PM
Consent MOTION for Extension of Time to File Response/Reply as to34 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by ARI FUCHS, HILARY MACKLER, MARSHALL MACKLER. (Morgan, Graham) |
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Att: 1
Text of Proposed Order
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| 36 | 36
notice
Notice of Appearance
Wed 09/18 3:42 PM
Notice of Appearance filed by Graham Bryce Morgan on behalf of All Plaintiffs. (Morgan, Graham) |
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| Friday, August 30, 2024 | ||
| 35 | 35
30+
pgs
respoth
Memorandum in Support
Fri 08/30 1:32 PM
Memorandum in Support regarding34 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by PAMELA C. ROUEN, ROSEMARY FURMAN ROUEN, DAVID L. ROUEN, III, DAVID L. ROUEN, JR., SME, INC. USA, SUPERIOR MEDICAL EQUIPMENT GROUP INC.. |
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Att: 1
Declaration of G. Grady Richardson, Jr.,
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Att: 2
Ex. A to Richardson Dec.,
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Att: 3
Ex. B to Richardson Dec.
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| 34 | 34
motion
Dismiss for Failure to State a Claim
Fri 08/30 1:15 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by PAMELA C. ROUEN, ROSEMARY FURMAN ROUEN, DAVID L. ROUEN, III, DAVID L. ROUEN, JR., SME, INC. USA, SUPERIOR MEDICAL EQUIPMENT GROUP INC.. |
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Att: 1
Text of Proposed Order Proposed Order Granting Defendants' Motion to Dismiss
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| Thursday, August 22, 2024 | ||
| 33 | 33
1
pgs
order
Order
Thu 08/22 9:20 AM
ORDER granting 24 Motion for Extension of Time to Answer regarding 7 Amended Complaint. PAMELA C. ROUEN, ROSEMARY FURMAN ROUEN, DAVID L. ROUEN, III, DAVID L. ROUEN, JR. SME, INC. USA and SUPERIOR MEDICAL EQUIPMENT GROUP INC. answer due 9/5/2024. Signed by Peter A. Moore, Jr., Clerk of Court on 8/20/2024. Copy sent via US mail to counsel for plaintiffs. (Collins, S) |
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| Wednesday, August 21, 2024 | ||
| 32 | 32
1
pgs
order
Order on Motion for Extension of Time to Answer
Wed 08/21 3:49 PM
ENTERED IN ERROR - WRONG CASE ORDER granting 24 Motion for Extension of Time to Answer regarding 24 MOTION for Extension of Time to File Answer, 7 Amended Complaint. PAMELA C. ROUEN, ROSEMARY FURMAN ROUEN, DAVID L. ROUEN, III, DAVID L. ROUEN, JR. SME, INC. USA and SUPERIOR MEDICAL EQUIPMENT GROUP INC. answer due 9/5/2024. Signed by Peter A. Moore, Jr., Clerk of Court on 8/20/2024. Copy sent via US mail to counsel for plaintiffs. (Collins, S) Modified on 8/21/2024 (Collins, S) |
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| Monday, August 19, 2024 | ||
| 31 | 31
misc
Financial Disclosure Statement
Mon 08/19 2:12 PM
Financial Disclosure Statement by ROSEMARY FURMAN ROUEN |
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| 30 | 30
misc
Financial Disclosure Statement
Mon 08/19 2:11 PM
Financial Disclosure Statement by PAMELA C. ROUEN |
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| 29 | 29
misc
Financial Disclosure Statement
Mon 08/19 2:10 PM
Financial Disclosure Statement by DAVID L. ROUEN, III |
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| 28 | 28
misc
Financial Disclosure Statement
Mon 08/19 2:09 PM
Financial Disclosure Statement by DAVID L. ROUEN, JR. |
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| 27 | 27
misc
Financial Disclosure Statement
Mon 08/19 2:08 PM
Financial Disclosure Statement by SME, INC. USA |
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| 26 | 26
misc
Financial Disclosure Statement
Mon 08/19 2:07 PM
Financial Disclosure Statement by SUPERIOR MEDICAL EQUIPMENT GROUP INC. |
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| 25 | 25
notice
Notice of Substitution of Counsel
Mon 08/19 2:03 PM
Notice of Substitution of Counsel filed by George Grady Richardson, Jr on behalf of PAMELA C. ROUEN, ROSEMARY FURMAN ROUEN, DAVID L. ROUEN, III, DAVID L. ROUEN, JR., SME, INC. USA, SUPERIOR MEDICAL EQUIPMENT GROUP INC. substituting for Shane P. Simon. (Richardson, George) |
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utility
Motion Referred to Clerk
Mon 08/19 5:23 PM
Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding24 MOTION for Extension of Time to File Answer. (Collins, S) |
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| Friday, August 16, 2024 | ||
| 24 | 24
motion
Extension of Time to File Response/Reply
Fri 08/16 4:41 PM
Consent MOTION for Extension of Time to File Response/Reply as to7 Amended Complaint filed by PAMELA C. ROUEN, ROSEMARY FURMAN ROUEN, DAVID L. ROUEN, III, DAVID L. ROUEN, JR., SME, INC. USA, SUPERIOR MEDICAL EQUIPMENT GROUP INC.. |
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Att: 1
Text of Proposed Order Proposed Order Granting Extension
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notice
Notice of Deficiency - Filing is not text searchable
Fri 08/16 4:19 PM
NOTICE OF DEFICIENCY regarding23 Motion for Extension of Time to File Response/Reply. Filing is not text searchable. Local Civil Rule 5.1 requires that all documents submitted for filing be in a text searchable format. Counsel shall refile. (Collins, S) |
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| Thursday, August 15, 2024 | ||
| 23 | 23
motion
Extension of Time to File Response/Reply
Thu 08/15 3:37 PM
Consent MOTION for Extension of Time to File Response/Reply as to7 Amended Complaint filed by PAMELA C. ROUEN, ROSEMARY FURMAN ROUEN, DAVID L. ROUEN, III, DAVID L. ROUEN, JR., SME, INC. USA, SUPERIOR MEDICAL EQUIPMENT GROUP INC.. |
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Att: 1
Text of Proposed Order Proposed Order Granting Extension
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| Monday, August 12, 2024 | ||
| 22 | 22
notice
Notice of Appearance
Mon 08/12 12:07 PM
Notice of Appearance filed by Susan Groves Renton on behalf of All Defendants. |
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| 21 | 21
notice
Notice of Appearance
Mon 08/12 12:00 PM
Notice of Appearance filed by George Grady Richardson, Jr on behalf of All Defendants. (Richardson, George) |
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| Thursday, August 08, 2024 | ||
| 20 | 20
notice
Notice-other
Thu 08/08 4:22 PM
Notice to Parties regarding Transfer of Case to the Eastern District of North Carolina. Counsel should read the notice in its entirety for additional information. (Rudd, D.) |
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| 19 | 19
transfer
Case Transferred In - District Transfer
Thu 08/08 4:09 PM
Case transferred in from District of Pennsylvania Eastern. Case Number 2:23-cv-04353. Transfer order and docket sheet obtained from transferring district. |
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| 18 | 18
1
pgs
order
Order
Thu 08/08 3:08 PM
ORDER THAT DEFENDANTS' MOTION TO TRANSFER (DOC. NO. 10) IS GRANTED. IT IS FURTHER ORDERED THAT THE CLERK OF COURT IS DIRECTED TO TRANSFER THIS CASE TO THE CLERK OF COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA AND TO CLOSE THE CASE IN THE EASTERN DISTRICT OF PENNSYLVANIA. SIGNED BY DISTRICT JUDGE CYNTHIA M. RUFE ON 8/8/2024. 8/8/2024 ENTERED AND COPIES E-MAILED.(ahf) |
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| 17 | 17
16
pgs
order
Memorandum & Opinion
Thu 08/08 3:07 PM
MEMORANDUM OPINION. SIGNED BY DISTRICT JUDGE CYNTHIA M. RUFE ON 8/8/2024. 8/8/2024 ENTERED AND COPIES E-MAILED.(ahf) |
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| Tuesday, August 06, 2024 | ||
| 16 | 16
Audio File 07/24/2024 10:30 AM, regarding Motion Hearing held on 07/24/2024 in courtroom 12A, before DISTRICT JUDGE CYNTHIA M. RUFE (ked) [Transferred from Pennsylvania Eastern on 8/8/2024.]
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| Wednesday, July 24, 2024 | ||
| 15 | 15
Minute Entry for proceedings held before DISTRICT JUDGE CYNTHIA M. RUFE Motion Hearing held on 07/24/2024 (nd) [Transferred from Pennsylvania Eastern on 8/8/2024.]
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| Tuesday, July 16, 2024 | ||
| 14 | 14
ORDER THAT A HEARING ON DEFENDANTS'10 MOTION to Transfer to the United States District Court for the Eastern District of North Carolina IS HEREBY SET FOR 7/24/2024 AT 10:30 AM IN Courtroom 12A BEFORE DISTRICT JUDGE CYNTHIA M. RUFE. ALL PARTIES, WITNESSES, AND COUNSEL ARE ATTACHED FOR THIS DATE. SIGNED BY DISTRICT JUDGE CYNTHIA M. RUFE ON 7/16/2024. 7/16/2024 ENTERED AND COPIES E-MAILED.(kp) [Transferred from Pennsylvania Eastern on 8/8/2024.]
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| Friday, March 22, 2024 | ||
| 13 | 13
RESPONSE in Opposition re10 MOTION to Transfer to the United States District Court for the Eastern District of North Carolina or, in the alternative MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by ARI FUCHS, HILARY MACKLER, MARSHALL MACKLER. (RODRIGUEZ, LISA) [Transferred from Pennsylvania Eastern on 8/8/2024.]
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| Friday, March 08, 2024 | ||
| 12 | 12
RESPONSE in Support re10 MOTION to Transfer to the United States District Court for the Eastern District of North Carolina or, in the alternative MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by PAMELA C. ROUEN, ROSEMARY FURMAN ROUEN, DAVID L. ROUEN, III, DAVID L. ROUEN, JR., SME, INC. USA, SUPERIOR MEDICAL EQUIPMENT GROUP INC.. (SIMON, SHANE) [Transferred from Pennsylvania Eastern on 8/8/2024.]
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| Friday, February 23, 2024 | ||
| 11 | 11
RESPONSE in Opposition re10 MOTION to Transfer to the United States District Court for the Eastern District of North Carolina or, in the alternative MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by ARI FUCHS, HILARY MACKLER, MARSHALL MACKLER.(RODRIGUEZ, LISA) [Transferred from Pennsylvania Eastern on 8/8/2024.]
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Att: 1
Declaration,
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Att: 2
Exhibit,
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Att: 3
Certificate of Service
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| Wednesday, January 24, 2024 | ||
| 10 | 10
MOTION to Transfer to the United States District Court for the Eastern District of North Carolina or, in the alternative , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by PAMELA C. ROUEN, ROSEMARY FURMAN ROUEN, DAVID L. ROUEN, III, DAVID L. ROUEN, JR., SME, INC. USA, SUPERIOR MEDICAL EQUIPMENT GROUP INC..Memorandum of Law, Declaration of Counsel, and Certificate of Service.(SIMON, SHANE) [Transferred from Pennsylvania Eastern on 8/8/2024.]
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Att: 1
Memorandum,
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Att: 2
Declaration of Shane P. Simon,
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Att: 3
Exhibit A to Declaration of Shane P. Simon,
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Att: 4
Exhibit B to Declaration of Shane P. Simon,
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Att: 5
Text of Proposed Order
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| Tuesday, January 23, 2024 | ||
| 9 | 9
ORDER THAT THE MOTION IS GRANTED. DEFENDANTS MAY FILE A COMBINED BRIEF IN SUPPORT OF THEIR FORTHCOMING MOTION TO TRANSFER VENUE PURSUANT TO 28 U.S.C. § 1404(A) OR, IN THE ALTERNATIVE, FED. RI. CIV. P. 12(B)(6) MOTION TO DISMISS THAT EXCEEDS 15 PAGES BUT THAT DOES NOT EXCEED 30 PAGES. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 1/23/24.1/24/24 ENTERED AND COPIES E-MAILED.(jaa, ) [Transferred from Pennsylvania Eastern on 8/8/2024.]
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| 8 | 8
Consent MOTION for Leave to File Excess Pages filed by PAMELA C. ROUEN, ROSEMARY FURMAN ROUEN, DAVID L. ROUEN, III, DAVID L. ROUEN, JR., SME, INC. USA, SUPERIOR MEDICAL EQUIPMENT GROUP INC..Certification of Concurrence and Certificate of Service.(SIMON, SHANE) [Transferred from Pennsylvania Eastern on 8/8/2024.]
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Att: 1
Text of Proposed Order
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| Wednesday, January 10, 2024 | ||
| 7 | 7
AMENDED COMPLAINT against All Defendants All Defendants., filed by ARI FUCHS, HILARY MACKLER, MARSHALL MACKLER.(RODRIGUEZ, LISA) [Transferred from Pennsylvania Eastern on 8/8/2024.]
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| Friday, December 08, 2023 | ||
| 6 | 6
NOTICE of Appearance by ERIK L. COCCIA on behalf of ARI FUCHS, HILARY MACKLER, MARSHALL MACKLER with Certificate of Service(COCCIA, ERIK) [Transferred from Pennsylvania Eastern on 8/8/2024.]
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| Thursday, December 07, 2023 | ||
| 5 | 5
STIPULATION AND ORDER EXTENDING DEFENDANTS TIME TO FILE RESPONSIVE PLEADING AND ESTABLISHING BRIEFING SCHEDULE. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 12/7/23. 12/7/23 ENTERED AND COPIES E-MAILED.(jaa, ) [Transferred from Pennsylvania Eastern on 8/8/2024.]
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| Wednesday, December 06, 2023 | ||
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STIPULATION Extending Defendants' Time to File Responsive Pleading and Establishing Briefing Schedule by PAMELA C. ROUEN, ROSEMARY FURMAN ROUEN, DAVID L. ROUEN, III, DAVID L. ROUEN, JR., SME, INC. USA, SUPERIOR MEDICAL EQUIPMENT GROUP INC.. (SIMON, SHANE) [Transferred from Pennsylvania Eastern on 8/8/2024.]
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NOTICE of Appearance by SHANE P. SIMON on behalf of PAMELA C. ROUEN, ROSEMARY FURMAN ROUEN, DAVID L. ROUEN, III, DAVID L. ROUEN, JR., SME, INC. USA, SUPERIOR MEDICAL EQUIPMENT GROUP INC. (SIMON, SHANE) [Transferred from Pennsylvania Eastern on 8/8/2024.]
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| Wednesday, November 08, 2023 | ||
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Summons Issued as to PAMELA C. ROUEN, ROSEMARY FURMAN ROUEN, DAVID L. ROUEN, III, DAVID L. ROUEN, JR., SME, INC. USA, SUPERIOR MEDICAL EQUIPMENT GROUP INC. EMAILED To: COUNSEL on 11/8/23. (jaa, ) [Transferred from Pennsylvania Eastern on 8/8/2024.]
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| Tuesday, November 07, 2023 | ||
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COMPLAINT against PAMELA C. ROUEN, ROSEMARY FURMAN ROUEN, DAVID L. ROUEN, III, DAVID L. ROUEN, JR., SME, INC. USA, SUPERIOR MEDICAL EQUIPMENT GROUP INC. ( Filing fee $ 402 receipt number APAEDC-17058142.), filed by ARI FUCHS, HILARY MACKLER, MARSHALL MACKLER.(RODRIGUEZ, LISA) [Transferred from Pennsylvania Eastern on 8/8/2024.]
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Att: 1
Civil Cover Sheet,
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Att: 2
Designation Form,
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Att: 3
Case Management Form
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