Persaud v. Persaud Oodal et al
| Florida Southern District Court | |
| Judge: | Donald M Middlebrooks |
| Referred: | William Matthewman |
| Case #: | 9:24-cv-81008 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity |
| Case Filed: | Aug 21, 2024 |
| Terminated: | Feb 20, 2025 |
| Last checked: Monday Feb 17, 2025 3:20 AM EST |
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Counter Claimant
Karamchand Oodal
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Represented By
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Counter Claimant
AYUSHWATIE PERSAUD
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Represented By
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Counter Claimant
Khemwattie Persaud Oodal
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Represented By
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Counter Claimant
CHANDRAWATIE SOMRA
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Represented By
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Counter Defendant
Indardeo Persaud
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Represented By
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Cross Claimant
Karamchand Oodal
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Represented By
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Cross Claimant
AYUSHWATIE PERSAUD
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Represented By
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Cross Claimant
Khemwattie Persaud Oodal
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Represented By
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Cross Claimant
CHANDRAWATIE SOMRA
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Represented By
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Cross Defendant
Indardeo Persaud
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Represented By
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Defendant
Karamchand Oodal
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Represented By
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Defendant
Khemwattie Persaud Oodal
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Represented By
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Plaintiff
Indardeo Persaud
Kim Vaughan Lerner 312 SE 17th Street Suite 300 Fort Lauderdale
Fort Lauderdale, FL 33316 |
Represented By
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| Docket last updated: 05/09/2025 11:59 PM EDT |
| Thursday, February 20, 2025 | ||
| 31 | 31
2
pgs
order
Order Dismissing/Closing Case or Party
Thu 02/20 3:37 PM
ORDER CLOSING CASE. Signed by Judge Donald M. Middlebrooks on 2/20/2025. See attached document for full details. (cds) |
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| Monday, February 17, 2025 | ||
| 30 | 30
misc
Stipulation of Dismissal - aty
Mon 02/17 4:07 PM
STIPULATION of Dismissal by Indardeo Persaud (Kim, Jay) |
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| Thursday, February 13, 2025 | ||
| 29 | 29
notice
Notice of Settlement - aty
Thu 02/13 12:27 PM
NOTICE of Settlement by Indardeo Persaud (Kim, Jay) |
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| Wednesday, February 05, 2025 | ||
| 28 | 28
minutes
Settlement Conference
Wed 02/05 2:25 PM
PAPERLESS Minute Order for proceedings held before Magistrate Judge William Matthewman: The hearing was held via Zoom VTC. Settlement Conference held on 2/5/2025. Negotiations held. The Court declared an impasse. Total time in court: 02 hour(s) : 17 minutes. Attorney Appearance(s): Jay Kim, Jessica Hannul Roman, Michael Gulisano. Other Appearance(s): Plaintiff Indardeo Persaud, Defendants Khemwattie Peersaud Oodal and Karamchand Oodal. (Digital 10:05:22) (swr) |
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| Friday, January 31, 2025 | ||
| 27 | 27
order
- Order (PAPERLESS or pdf attached)
Fri 01/31 10:35 AM
PAPERLESS ORDER: On November 12, 2024, the Court entered its Order Scheduling Settlement Conference via Zoom VTC [DE 15], requiring the parties to provide the Undersigned Judge with their confidential settlement memoranda on or before 5:00 p.m. on January 30, 2025, in anticipation of the upcoming settlement conference. In a second Order dated January 15, 2025, the Court again required the parties to email to the Undersigned's chambers their confidential settlement memoranda by January 30, 2025. [DE 25]. While Plaintiff timely submitted a settlement memorandum, Defendants have failed to submit their confidential settlement memorandum to the Undersigned. Therefore, Defendants are required to email their confidential settlement memorandum to the Court (matthewman@flsd.uscourts.gov) on or before NOON on February 4, 2025. If the memorandum is not timely emailed, the Court will consider imposing sanctions against Defendants and/or their counsel for failure to comply with Court Orders. Signed by Magistrate Judge William Matthewman on 1/31/2025. (no00) |
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| Friday, January 17, 2025 | ||
| 26 | 26
9
pgs
order
Order on Motion to Dismiss for Failure to State a Claim
Fri 01/17 12:29 PM
ORDER Granting in Part and Denying in Part19 Motion to Strike Defendants' Amended Affirmative Defenses and Motion to Dismiss Amended Counterclaims. Counterclaim Plaintiffs must move to amend on or by January 21, 2025. Signed by Judge Donald M. Middlebrooks on 1/17/2025. See attached document for full details. (cds) |
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| Wednesday, January 15, 2025 | ||
| 25 | 25
order
- Order (PAPERLESS or pdf attached) ~Util - Set/Reset Hearings
Wed 01/15 3:26 PM
PAPERLESS ORDER RE-SETTING SETTLEMENT CONFERENCE: Due to an unforeseen change in the Court's schedule, the Settlement Conference previously set for February 6, 2025, is hereby RE-SET for February 5, 2025, at 10:00 a.m. to proceed via Zoom VTC. To log in through Zoom, use Meeting ID: 160 540 3826 and Passcode: 246129. The confidential settlement memoranda shall still be emailed to the Undersigned's chambers by January 30, 2025, and all other requirements set forth in the Order Scheduling Settlement Conference via Zoom VTC [DE 18] remain in full force. Signed by Magistrate Judge William Matthewman on 1/15/2025. (no00) |
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| Thursday, January 09, 2025 | ||
| 24 | 24
order
Order on Motion for Extension of Time
Thu 01/09 2:52 PM
PAPERLESS ORDER granting in part23 Plaintiff's Unopposed Motion for Extension of Time. Plaintiff seeks to extend numerous pretrial deadlines, including the deadline to supply a list of trial witnesses, the closure of discovery, and the deadline to file dispositive motions. In support, Plaintiff notes that it has not yet served discovery upon Counterclaim Plaintiffs "to avoid any argument that Plaintiff has waived his personal jurisdiction defense," which is currently pending. Modifications of a scheduling order may only be justified upon a showing of good cause and diligence. Although I find Plaintiff's need to proceed with discovery as to Counterclaim Plaintiffs compelling, I am concerned that moving the deadline to file dispositive motions would unduly delay proceedings in this matter, and is unwarranted at this time. As such, I will extend only the deadlines to file a list of trial witnesses and to complete discovery. To the extent Plaintiff remains concerned that proceeding with discovery against Counterclaim Plaintiffs would give rise to arguments of waiver, Plaintiff is advised that it is within the Court's discretion to consider claims that a party has waived personal jurisdiction through litigation activity, and that such arguments are unlikely to carry significant persuasive power in this context. Accordingly, the Pretrial Scheduling Order (DE11 ) is hereby modified as follows: the Parties shall furnish opposing counsel with a list of their trial witnesses on or by January 24, 2025 ; all discovery shall be completed on or by February 17, 2025. Finally, the Parties are advised that if they require greater flexibility in the litigation schedule, they may at any time consent to the jurisdiction of the paired Magistrate Judge, who generally affords litigants considerable latitude in this regard. The consent form is attached to the Pretrial Scheduling Order. (DE11 at p. 9). Signed by Judge Donald M. Middlebrooks on 1/9/2025. (kid) |
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| Wednesday, January 08, 2025 | ||
| 23 | 23
motion
Extension of Time
Wed 01/08 5:23 PM
Unopposed MOTION for Extension of Time to extend certain pretrial deadlines re11 Scheduling Order,, Order Referring Case to Mediation, by Indardeo Persaud. Attorney Jessica Hannul Roman added to party Indardeo Persaud(pty:crd), Attorney Jessica Hannul Roman added to party Indardeo Persaud(pty:pla), Attorney Jessica Hannul Roman added to party Indardeo Persaud(pty:cd), Attorney Jessica Hannul Roman added to party Indardeo Persaud(pty:crd), Attorney Jessica Hannul Roman added to party Indardeo Persaud(pty:cd). Responses due by 1/22/2025. (Roman, Jessica) |
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| Thursday, December 12, 2024 | ||
| 22 | 22
notice
Notice of Attorney Appearance
Thu 12/12 5:20 PM
NOTICE of Attorney Appearance by Jay Kim on behalf of Indardeo Persaud (Kim, Jay) |
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| 21 | 21
respm
Reply to Response to Motion
Thu 12/12 4:03 PM
REPLY to Response to Motion re19 Plaintiff's MOTION TO DISMISS17 Answer to Complaint,, Crossclaim,, Counterclaim, FOR FAILURE TO STATE A CLAIM and MOTION TO STRIKE Affirmative Defenses filed by Indardeo Persaud. (Kim, Jay) |
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| Thursday, December 05, 2024 | ||
| 20 | 20
respm
Response in Opposition to Motion
Thu 12/05 2:36 PM
RESPONSE in Opposition re19 Plaintiff's MOTION TO DISMISS17 Answer to Complaint,, Crossclaim,, Counterclaim, FOR FAILURE TO STATE A CLAIM and MOTION TO STRIKE Affirmative Defenses filed by Karamchand Oodal, AYUSHWATIE PERSAUD, Khemwattie Persaud Oodal, CHANDRAWATIE SOMRA. Replies due by 12/12/2024. (Gulisano, Michael) |
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| Friday, November 22, 2024 | ||
| 19 | 19
motion
Dismiss for Failure to State a Claim
Fri 11/22 6:45 PM
Plaintiff's MOTION TO DISMISS17 Answer to Complaint,, Crossclaim,, Counterclaim, FOR FAILURE TO STATE A CLAIM and MOTION TO STRIKE Affirmative Defenses by Indardeo Persaud. Responses due by 12/6/2024. (Kim, Jay) |
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| Tuesday, November 12, 2024 | ||
| 18 | 18
3
pgs
order
Order Setting/Resetting/Cancelling Hearing
Tue 11/12 3:07 PM
ORDER SCHEDULING SETTLEMENT CONFERENCE VIA ZOOM VTC. Settlement Conference set for 2/6/2025 10:00 AM before Magistrate Judge William Matthewman. Signed by Magistrate Judge William Matthewman on 11/12/2024. See attached document for full details. (cds) |
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| 17 | 17
answer
Answer to Complaint Crossclaim Counterclaim
Tue 11/12 10:06 AM
Amended ANSWER and Affirmative Defenses to Complaint with Jury Demand , CROSSCLAIM against All Plaintiffs, COUNTERCLAIM against All Plaintiffs by CHANDRAWATIE SOMRA, AYUSHWATIE PERSAUD, Karamchand Oodal, Khemwattie Persaud Oodal. (Gulisano, Michael) |
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| 16 | 16
1
pgs
order
Order Referring Case to Magistrate Judge
Tue 11/12 7:52 AM
ORDER REFERRING CASE to Magistrate Judge William Matthewman for Settlement Conference. Signed by Judge Donald M. Middlebrooks on 11/8/2024. See attached document for full details. (cds) |
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| Friday, November 08, 2024 | ||
| 15 | 15
order
Order on Motion to Amend/Correct
Fri 11/08 4:48 PM
PAPERLESS ORDER granting14 Unopposed Motion to Amend Answer. Defendants and Cross-Plaintiffs move to amend their Answer to Plaintiff's Complaint, seeking to add factual allegations necessary to enable the Cross-Plaintiffs to pursue their claims. Per Federal Rule 15, a party may "amend its pleading once as a matter of course" within "21 days after service of a motion under Rule 12(b)." Fed. R. Civ. P. 15(a)(1)(B).. After the 21-day deadline to amend expires, any further amendment will be permitted only "with the opposing party's written consent or the court's leave." Fed. R. Civ. P. 15(a)(2). The Motion is unopposed, and I find that granting leave to amend would be in the interest of justice. Accordingly, the moving Parties shall file their Amended Answer on or before November 13, 2024. Signed by Judge Donald M. Middlebrooks on 11/8/2024. (kid) |
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| Monday, November 04, 2024 | ||
| 14 | 14
motion
Amend/Correct
Mon 11/04 10:01 AM
Unopposed MOTION to Amend/Correct12 Answer to Complaint,, Crossclaim,, Counterclaim, by Karamchand Oodal, AYUSHWATIE PERSAUD, Khemwattie Persaud Oodal, CHANDRAWATIE SOMRA. Responses due by 11/18/2024.(Gulisano, Michael) |
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Att: 1
Exhibit
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| Friday, November 01, 2024 | ||
| 13 | 13
notice
Notice (Other)
Fri 11/01 2:16 PM
NOTICE of Filing Joint Discovery Plan by Indardeo Persaud (Kim, Jay) |
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| Monday, October 28, 2024 | ||
| 12 | 12
answer
Answer to Complaint Crossclaim Counterclaim
Mon 10/28 9:20 AM
ANSWER and Affirmative Defenses to Complaint with Jury Demand , CROSSCLAIM against All Plaintiffs, COUNTERCLAIM against All Plaintiffs by Karamchand Oodal, Khemwattie Persaud Oodal, CHANDRAWATIE SOMRA, AYUSHWATIE PERSAUD. Attorney Michael Gulisano added to party CHANDRAWATIE SOMRA(pty:cc), Attorney Michael Gulisano added to party AYUSHWATIE PERSAUD(pty:cc). (Gulisano, Michael) |
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| Thursday, October 24, 2024 | ||
| 11 | 11
order
Scheduling Order Order Referring Case to Mediation
Thu 10/24 3:20 PM
PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: ( Amended Pleadings due by 11/1/2024., Discovery due by 2/6/2025., Joinder of Parties due by 11/1/2024., In Limine Motions due by 2/20/2025., Dispositive Motions due by 2/20/2025., Motions due by 2/20/2025., Pretrial Stipulation due by 3/24/2025.), ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge William Matthewman on 10/24/2024. See attached document for full details. (cds) |
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| 10 | 10
minutes
Scheduling Conference
Thu 10/24 2:29 PM
PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: The hearing was held via Zoom Video Teleconference. Scheduling Conference held on 10/24/2024. The Court discussed whether parties would be added, there are no motions pending, the trial period, pretrial deadlines, motions to continue, sealing of documents, consent to magistrate judge jurisdiction, mediation or settlement conferences, requirements if a settlement is reached, the local rules, discovery, and good faith conferral. Written scheduling order and order of referral to mediation will be issued. Total time in court: 26 minutes. Attorney Appearance(s): Jay Kim, Michael Gulisano. (Digital 14:01:43) (swr) |
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| Thursday, October 17, 2024 | ||
| 9 | 9
order
- Order (PAPERLESS or pdf attached) ~Util - Set/Reset Hearings
Thu 10/17 3:23 PM
PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 10/24/2024 at 2:00 PM in the West Palm Beach Division before U.S. Magistrate Judge William Matthewman to take place via Zoom Video Teleconference (VTC). Any motions to modify the existing trial date should be filed two (2) business days prior to the Scheduling Conference. Motions to modify the trial date must specifically state the basis for the request, including detailed factual support, and must provide a compelling reason. The parties are further advised that the Court is strongly disinclined to modify the trial date based upon the scheduling "tracks" contained within the Local Rules and/or based upon vague references to the complexities of the case. To log in through ZoomGov Meeting, use Meeting ID: 160 540 3826 and Passcode: 246129. All counsel shall appear by both audio and video. Because of the expedited nature of the conference, the parties are relieved of Local Rule 16.1(b)'s conference report requirement. Signed by Magistrate Judge William Matthewman on 10/17/2024. (no00) |
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| Friday, September 27, 2024 | ||
| 8 | 8
order
Order on Motion for Extension of Time
Fri 09/27 5:12 PM
PAPERLESS ORDER granting6 Joint Motion for Extension of Time and to Acknowledge Acceptance of Service of Process. The Parties filed this motion seeking a 30-day extension for Defendants to file a response to Plaintiff's Complaint. They also request that the court deem Defendants served, as counsel has been retained by both Defendants, who have indicated that they are able and willing to accept service on behalf of their clients. I will grant the Parties' request to deem Defendants served due to the joint nature of this motion. Moreover, as deeming Defendants served in this manner functionally operates as a waiver of service, I find there is good cause to grant the extension. Defendants shall respond to Plaintiff's Complaint on or by October 28, 2024. Signed by Judge Donald M. Middlebrooks on 9/27/2024. (kid) |
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utility
~Util - Set/Reset Response/Answer Due Deadline
Mon 09/30 9:05 AM
Set Response Due Deadline per DE 8 Order: Defendants response due 10/28/2024. (kpe) |
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| Thursday, September 26, 2024 | ||
| 7 | 7
order
Scheduling Order Order Referring Case to Magistrate Judge
Thu 09/26 2:59 PM
ORDER REFERRING CASE AND SETTING TRIAL DATE: ( Jury Trial set for 4/21/2025 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 4/16/2025 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Magistrate Judge William Matthewman for Scheduling Conference with notices (NEFs for Events only) for all filings in case. Signed by Judge Donald M. Middlebrooks on 9/26/2024. See attached document for full details. (cds) |
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| Monday, September 23, 2024 | ||
| 6 | 6
motion
Extension of Time
Mon 09/23 11:55 AM
Joint MOTION for Extension of Time to respond to Complaint and to acknowledge acceptance of service of process by Indardeo Persaud. Responses due by 10/7/2024. (Kim, Jay) |
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| Wednesday, September 11, 2024 | ||
| 5 | 5
notice
Notice of Attorney Appearance
Wed 09/11 10:59 AM
NOTICE of Attorney Appearance by Michael Gulisano on behalf of Karamchand Oodal, Khemwattie Persaud Oodal. Attorney Michael Gulisano added to party Karamchand Oodal(pty:dft), Attorney Michael Gulisano added to party Khemwattie Persaud Oodal(pty:dft). (Gulisano, Michael) |
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| Thursday, August 22, 2024 | ||
| 4 | 4
service
Summons Issued
Thu 08/22 11:47 AM
Summons Issued as to Karamchand Oodal, Khemwattie Persaud Oodal. (nwn) |
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| 3 | 3
notice
Notice of Filing Proposed Summons(es)
Thu 08/22 11:01 AM
NOTICE of Filing Proposed Summons(es) by Indardeo Persaud (Kim, Jay) |
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Att: 1
Summon(s) Khemwattie Persaud Oodal,
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Att: 2
Summon(s) Karamchand Oodal
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| Wednesday, August 21, 2024 | ||
| 2 | 2
order
Clerk's Notice of Judge Assignment and Optional Consent
Thu 08/22 8:31 AM
Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge William Matthewman is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (nwn) |
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| 1 | 1
cmp
Complaint
Wed 08/21 3:33 PM
COMPLAINT against Khemwattie Persaud Oodal and Karamchand Oodal against Indardeo Persaud. Filing fees $ 405.00. Pay.gov Agency Tracking ID FLSDC-AFLSDC-17775733, payment transferred from : 9:24-cv-81007, filed by Indardeo Persaud.(Kim, Jay) |
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Att: 1
Civil Cover Sheet Civil Cover Sheet
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