Mixon et al v. Wellspace Health
| California Eastern District Court | |
| Judge: | Daniel J Calabretta |
| Referred: | Chi Soo Kim |
| Case #: | 2:24-cv-02290 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1441 Petition For Removal--Other Contract |
| Case Filed: | Aug 23, 2024 |
| Case in other court: | Sacramento County Superior Court, 24CV011792 |
| Last checked: Wednesday Feb 19, 2025 12:19 AM PST |
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Defendant
Wellspace Health
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Represented By
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Plaintiff
Rosana Korman
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Represented By
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Plaintiff
Latasha Mixon
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Represented By
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Unknown
United States
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Represented By
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GPO
Oct 29 2024
STIPULATION AND ORDER signed by District Judge Daniel J. Calabretta on 10/29/2024 STAYING all further briefing on Defendant's 15 Motion to Dismiss until the Court's decision on Plaintiffs' Motion to Remand; ORDERING Plaintiffs' to file their opposition to Defendant's Motion to Dismiss within fourteen (14) days after the Court's ruling on Plaintiffs' motion, if applicable; ORDERING Defendant to file its reply, if any, within seven (7) days thereafter, if applicable. (Michel, G.) |
| Docket last updated: 05/16/2025 11:59 PM PDT |
| Tuesday, April 29, 2025 | ||
| 37 | 37
misc
Brief
Tue 04/29 6:00 PM
SUPPLEMENTAL BRIEF IN SUPPORT OF MOTION FOR REMAND filed by Rosana Korman, Latasha Mixon.(LaComb, Timothy) |
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Att: 1
Exhibit A
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| 36 | 36
misc
Response
Tue 04/29 5:05 PM
RESPONSE by Wellspace Health to 29 Minute Order,,,,, Set/Reset Deadlines and Hearings,,,,, Set/Reset Motion Hearing,,,,8 Motion to Remand,23 Order,, Set/Reset Deadlines and Hearings,.(Holmes, Justin) |
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Att: 1
Exhibit Declaration of WellSpace CEO Jonathan Porteus
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| 35 | 35
misc
Brief
Tue 04/29 3:16 PM
SUPPLEMENTAL BRIEF in Support of Remand Per 42 U.S.C. § 233(c) (ECF 23, 29) filed by United States. (Frueh, Joseph) |
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| Friday, April 25, 2025 | ||
| 34 | 34
notice
Notice (Other)
Fri 04/25 10:22 AM
NOTICE of Supplemental Authority by United States re30 Motion for Reconsideration re23 Order. (Frueh, Joseph) |
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| Friday, April 18, 2025 | ||
| 33 | 33
misc
Reply
Fri 04/18 1:37 PM
REPLY by United States re30 Motion for Reconsideration,. (Frueh, Joseph) |
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| Friday, April 04, 2025 | ||
| 32 | 32
respm
Opposition to Motion
Fri 04/04 1:22 PM
OPPOSITION by Wellspace Health to30 Motion for Reconsideration,. (Holmes, Justin) |
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| Tuesday, March 18, 2025 | ||
| 31 | 31
notice
Notice (Other)
Tue 03/18 1:03 PM
NOTICE OF FIRM NAME CHANGE by Rosana Korman, Latasha Mixon. (Mogin, Daniel) |
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| Friday, March 14, 2025 | ||
| 30 | 30
motion
Reconsideration
Fri 03/14 12:48 PM
MOTION for RECONSIDERATION re23 Order,, Set/Reset Deadlines and Hearings, by United States. Motion Hearing set for 5/29/2025 at 01:30 PM in Courtroom 7 (DJC) before District Judge Daniel J. Calabretta.(Frueh, Joseph) |
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Att: 1
Memorandum of Points and Authorities
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| Monday, March 03, 2025 | ||
| 29 | 29
order
Minute Order ~Util - 1 Set/Reset Deadlines and Hearings ~Util - Set/Reset Motion Hearing
Mon 03/03 2:18 PM
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 3/3/2025: Before the Court is the parties Joint Status Report, ECF No.28 . Therein, the parties advise that they dispute whether remand is warranted under 42 U.S.C. § 233(c), and thus request that a hearing be set on the matter. The parties further advise that the United States anticipates filing a motion for reconsideration of the Court's23 Order. The Court GRANTS the parties' request. Accordingly, a hearing on Plaintiffs'8 Motion to Remand is set for 5/29/2025 at 1:30 PM in Courtroom 7 before District Judge Daniel J. Calabretta. The parties shall file simultaneous supplemental briefs no later than 4/29/2025. The supplemental briefs shall be limited to ten (10) pages not inclusive of signature blocks, cover pages, or citations for authority. The United States' motion for reconsideration shall be filed no later than 3/14/2025 and shall be noticed or hearing on 5/29/2025 at 1:30 PM. Any opposition to the United States' motion shall be filed no later than 4/4/2025. Any reply shall be filed no later than 4/18/2025. IT IS SO ORDERED. [TEXT ENTRY ONLY] (Deputy Clerk GJM) |
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| Friday, February 28, 2025 | ||
| 28 | 28
misc
Statement
Fri 02/28 12:56 PM
JOINT STATEMENT of Case Management filed by Defendant Wellspace Health. (Dammann, Reid) |
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| 27 | 27
2
pgs
order
Order on Application for Pro Hac Vice
Fri 02/28 8:57 AM
PRO HAC VICE ORDER signed by District Judge Daniel J. Calabretta on 2/27/2025 GRANTING25 Application for Pro Hac Vice. Added attorney Justin M. Holmes, PHV for Wellspace Health. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Deputy Clerk AMW) |
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| 26 | 26
2
pgs
order
Order on Application for Pro Hac Vice
Fri 02/28 8:54 AM
PRO HAC VICE ORDER signed by District Judge Daniel J. Calabretta on 2/27/2025 GRANTING24 Application for Pro Hac Vice. Added attorney Alexandra A. Mormile, PHV for Wellspace Health. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Deputy Clerk AMW) |
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| Thursday, February 27, 2025 | ||
| 25 | 25
motion
Application for Pro Hac Vice and Proposed Order
Thu 02/27 1:16 PM
PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Wellspace Health for attorney Justin M. Holmes to appear Pro Hac Vice. (Filing fee $ 300, receipt number ACAEDC-12066085) (Dammann, Reid) |
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Att: 1
Supplement Certificate of Good Standing
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| 24 | 24
motion
Application for Pro Hac Vice and Proposed Order
Thu 02/27 11:15 AM
PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Wellspace Health for attorney Alexandra A. Mormile to appear Pro Hac Vice. (Filing fee $ 300, receipt number ACAEDC-12065724) (Dammann, Reid) |
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Att: 1
Supplement Certificate of Good Standing
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| Tuesday, February 18, 2025 | ||
| 23 | 23
13
pgs
order
Order ~Util - 1 Set/Reset Deadlines and Hearings
Tue 02/18 8:28 AM
ORDER signed by District Judge Daniel J. Calabretta on 2/14/2025 DIRECTING parties and U.S. Attorney to meet and confer, and file a joint status report within 14 days advising the court the necessity to hold a hearing, and the court will STAY any ruling on8 Motion to Remand in the interim. (Deputy Clerk AMW) |
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| Friday, January 31, 2025 | ||
| 22 | 22
misc
Brief
Fri 01/31 3:33 PM
BRIEF in Support of Motion to Remand filed by United States. Attorney Frueh, Joseph added.(Frueh, Joseph) |
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Att: 1
Declaration of Joseph Frueh,
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Att: 2
Exhibit 1,
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Att: 3
Exhibit 2,
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Att: 4
Exhibit 3
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| 21 | 21
respm
Opposition to Motion
Fri 01/31 3:21 PM
OPPOSITION by Wellspace Health to8 Motion to Remand,. (Dammann, Reid) |
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| 20 | 20
misc
Brief
Fri 01/31 12:25 PM
SUPPLEMENTAL BRIEF ADDRESSING BLUMBERGER V. TILLEY filed by Rosana Korman, Latasha Mixon. (LaComb, Tim) |
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| Friday, January 10, 2025 | ||
| 19 | 19
order
Minute Order ~Util - 1 Set/Reset Deadlines and Hearings
Fri 01/10 1:34 PM
MINUTE ORDER issued by Courtroom Deputy G. Michel for District Judge Daniel J. Calabretta on 1/10/2025: Plaintiffs have filed a8 Motion to Remand arguing Defendant's removal of this action from state court under 28 U.S.C. § 1442(a)(1) and 42 U.S.C. § 233(l)(2) was both procedurally and substantively improper. After Defendant removed this action on August 23, 2024, W. Dean Carter, Assistant United States Attorney for the Eastern District of California, appeared in the state court action pursuant to 42 U.S.C. § 233(l)(1) on September 5, 2024, and advised the court that Defendant is a "deemed" employee of the Public Health Service. (See ECF No. 8-2.) Following that filing, the Ninth Circuit decided Blumberger v. Tilley, 115 F.4th 1113 (9th Cir. 2024), which was not addressed by either Party in their briefs. Accordingly, the Parties are hereby ORDERED to file supplemental briefing within twenty-one (21) days addressing the impact, if any, of Blumberger on the Motion to Remand. The supplemental briefing shall be limited to fifteen (15) pages or less. The Court further invites the U.S. Attorney for the Eastern District of California to file briefing addressing the impact of Blumberger if desired. That briefing, if filed, shall also be due within twenty-one (21) days of this Minute Order. Finally, the Clerk of Court is ORDERED serve a copy of this Minute Order on the U.S. Attorney's office. IT IS SO ORDERED. (cc: Operations Supervisor) [TEXT ENTRY ONLY] (Deputy Clerk GJM) |
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| Friday, January 03, 2025 | ||
| 18 | 18
order
Minute Order ~Util - 1 Terminate Deadlines and Hearings ~Util - Motions Submitted/Under Advisement
Fri 01/03 5:27 PM
MINUTE ORDER issued by Courtroom Deputy G. Michel for District Judge Daniel J. Calabretta on 1/3/2025: In light of the order of Chief District Judge Troy L. Nunley closing the United States District Court for the Eastern District of California on Thursday, January 9, 2025, in honor of the National Day of Mourning for President James Earl Carter, Jr., the Court hereby VACATES the hearing on the pending motion in this action set for January 9, 2025. All pending motions scheduled for hearing on that date are taken under submission. Should the Court determine that oral argument is necessary, it will reset the matter for hearing on a later date pursuant to Local Rule 230(g). IT IS SO ORDERED. [TEXT ENTRY ONLY] (Deputy Clerk GJM) |
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| Tuesday, October 29, 2024 | ||
| 17 | 17
order
Stipulation and Order
Tue 10/29 2:58 PM
STIPULATION AND ORDER signed by District Judge Daniel J. Calabretta on 10/29/2024 STAYING all further briefing on Defendant's15 Motion to Dismiss until the Court's decision on Plaintiffs' Motion to Remand; ORDERING Plaintiffs' to file their opposition to Defendant's Motion to Dismiss within fourteen (14) days after the Court's ruling on Plaintiffs' motion, if applicable; ORDERING Defendant to file its reply, if any, within seven (7) days thereafter, if applicable. (Michel, G.) |
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| Friday, October 25, 2024 | ||
| 16 | 16
misc
Stipulation and Proposed Order
Fri 10/25 1:38 PM
STIPULATION and PROPOSED ORDER for Stay on Further Briefing on Defendant's Motion to Dismiss by Rosana Korman, Latasha Mixon. (LaComb, Tim) |
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| Friday, October 18, 2024 | ||
| 15 | 15
motion
Dismiss
Fri 10/18 5:39 PM
MOTION to DISMISS by Wellspace Health. Motion Hearing set for 1/9/2025 at 01:30 PM in Courtroom 10 (DJC) before District Judge Daniel J. Calabretta. (Dammann, Reid) |
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Att: 1
Exhibit A
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| Thursday, October 17, 2024 | ||
| 14 | 14
misc
Reply
Thu 10/17 6:29 PM
REPLY in SUPPORT of8 Motion to Remand by Rosana Korman, Latasha Mixon . (LaComb, Tim) Modified on 10/17/2024 (Lopez, K) |
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Att: 1
Declaration of Timothy LaComb,
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Att: 2
Exhibit A
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| Tuesday, October 08, 2024 | ||
| 13 | 13
order
Minute Order Order on Motion for Extension of Time
Tue 10/08 1:48 PM
MINUTE ORDER issued by Courtroom Deputy G. Michel for District Judge Daniel J. Calabretta on 10/8/2024: Before the Court is Defendant's Amended Motion for Extension of Time to respond to Plaintiffs' Complaint, ECF No.7 and Defendant's Motion for Extension of Time to respond to Plaintiffs'8 Motion to Remand, ECF No.10 . On October 3, 2024, Plaintiffs filed an Opposition to Defendant's7 Motion for Extension of Time, ECF No.11 . On October 7, 2024, Defendant filed an Opposition to Plaintiffs'8 Motion to Remand, ECF No.12 . The Court GRANTS Defendant's7 Motion for Extension of Time, ORDERS Defendant to respond to Plaintiffs' Complaint within ten (10) days after service of this order; and DENIES Defendant's10 Motion for Extension of Time as moot. IT IS SO ORDERED. [TEXT ENTRY ONLY].; DISREGARDING6 Motion for Extension of Time.; GRANTING7 Motion for Extension of Time.; DENYING10 Motion for Extension of Time.. (Michel, G.) |
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| Monday, October 07, 2024 | ||
| 12 | 12
respm
Opposition to Motion
Mon 10/07 5:43 PM
OPPOSITION by Wellspace Health to8 Motion to Remand,. (Dammann, Reid) |
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Att: 1
Declaration of B. Shipp ISO Opposition to Motion to Remand
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| Thursday, October 03, 2024 | ||
| 11 | 11
respm
Opposition to Motion
Thu 10/03 4:39 PM
OPPOSITION by Rosana Korman, Latasha Mixon to7 Motion for Extension of Time. (LaComb, Tim) |
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Att: 1
Declaration of Timothy LaComb,
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Att: 2
Exhibit A (Proof of Service),
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Att: 3
Exhibit B (Joint Stip re Default),
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Att: 4
Exhibit C (Request for Entry)
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| Friday, September 27, 2024 | ||
| 10 | 10
motion
Extension of Time
Fri 09/27 11:34 AM
MOTION for 21-DAY EXTENSION OF TIME to Response to Plaintiff's Remand Motion re8 Motion to Remand, by Wellspace Health. (Dammann, Reid) |
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| Tuesday, September 24, 2024 | ||
| 9 | 9
order
Minute Order
Tue 09/24 9:22 AM
MINUTE ORDER issued by Courtroom Deputy G. Michel for District Judge Daniel J. Calabretta on 9/24/2024: The parties shall file a joint status report pursuant to this Court's Initial Case Management Order within twenty-eight (28) days after the Court's ruling on Plaintiffs' pending8 Motion to Remand. IT IS SO ORDERED. [TEXT ENTRY ONLY] (Michel, G.) |
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| Monday, September 23, 2024 | ||
| 8 | 8
motion
Remand
Mon 09/23 8:25 PM
MOTION to REMAND by Rosana Korman, Latasha Mixon. Motion Hearing set for 1/9/2025 at 01:30 PM in Courtroom 10 (DJC) before District Judge Daniel J. Calabretta. (LaComb, Tim) |
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Att: 1
Declaration of Timothy LaComb,
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Att: 2
Exhibit A to LaComb Declaration
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| Thursday, September 19, 2024 | ||
| 7 | 7
motion
Extension of Time
Thu 09/19 7:57 AM
AMENDED MOTION FOR 60-DAY EXTENSION OF TIME to respond to the Complaint by Wellspace Health. (Dammann, Reid) |
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Att: 1
Proposed Order
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| Wednesday, September 18, 2024 | ||
| 6 | 6
motion
Extension of Time
Wed 09/18 4:09 PM
MOTION for 60-DAY EXTENSION OF TIME to October 29, 2024 by Wellspace Health. (Dammann, Reid) |
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Att: 1
Proposed Order Proposed Order Granting Defendants Motion to Extend
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| Tuesday, September 17, 2024 | ||
| 5 | 5
order
Minute Order ~Util - 1 Set/Reset Deadlines and Hearings
Tue 09/17 1:51 PM
MINUTE ORDER issued by Courtroom Deputy G. Michel for District Judge Daniel J. Calabretta on 9/17/2024: On August 23, 2024, Defendant filed a Notice of Removal of this action from Sacramento County Superior Court. (ECF No.1 .) Under Fed. R. Civ. P. 81(c)(2)(C), a defendant who did not answer before removal must answer or present other defenses or objections within seven (7) days after the notice of removal is filed. To date, Defendant has failed to answer or otherwise respond to Plaintiffs' Complaint and has not requested an extension of time to do so. Accordingly, Defendant shall answer or otherwise respond to Plaintiff Complaint, or request an extension of time to do so, within five (5) days. IT IS SO ORDERED. [TEXT ENTRY ONLY] (Michel, G.) |
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| Monday, September 16, 2024 | ||
| 4 | 4
notice
Notice of Appearance
Mon 09/16 11:20 AM
NOTICE of APPEARANCE by Daniel J Mogin on behalf of Rosana Korman, Latasha Mixon. Attorney Mogin, Daniel J added. (Mogin, Daniel) |
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| 3 | 3
notice
Notice of Appearance
Mon 09/16 11:17 AM
NOTICE of APPEARANCE by Tim LaComb on behalf of Rosana Korman, Latasha Mixon. Attorney LaComb, Tim added. (LaComb, Tim) |
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| Friday, August 23, 2024 | ||
| 2 | 2
misc
Civil New Case Documents for DJC
Fri 08/23 1:47 PM
CIVIL NEW CASE DOCUMENTS ISSUED; (Lopez, K) |
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Att: 1
Standing Order,
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Att: 2
Consent Form,
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Att: 3
VDRP
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| 1 | 1
notice
Notice of Removal
Fri 08/23 10:21 AM
NOTICE of REMOVAL from Sacramento Superior Court, case number 24CV011792 by Wellspace Health. (Filing fee $ 405, receipt number ACAEDC-11709188) #5 Civil Cover Sheet) (Dammann, Reid) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B Part 1,
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Att: 3
Exhibit B Part 2,
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Att: 4
Exhibit C
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