Pedro Moret v. U.S. Bancorp et al
| Pedro Moret |
| Red Sky Risk Services, LLC, U.S. Bancorp, U.S. Bank, N.A. and Does 1-10, inclusive |
| 5:2018cv01612 |
| August 1, 2018 |
| U.S. District Court for the Central District of California |
| Andre Birotte |
| Sheri Pym |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| None |
Docket Report
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This docket was last retrieved on September 16, 2019. A more recent docket listing may be available from PACER.
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Filing 56
ORDER GRANTING APPROVAL OF SETTLEMENT AGREEMENT AND CONDITIONAL CERTIFICATION OF AN FLSA COLLECTIVE ACTION FOR SETTLEMENT PURPOSES, AND PLAINTIFFS' REQUEST FOR ATTORNEY'S FEES by Judge Andre Birotte Jr.: Upon Plaintiff's Motion #49 , IT IS HEREBY ORDERED, ADJUDGE, AND DECREED that this action is conditionally certified under the FLSA for purposes of the settlement pursuant to 29 U.S.C. Section 216(b). Plaintiffs' alleged California law class claims under Rule 23 of the Federal Rules of Civil Procedure are hereby dismissed with prejudice because there is not a sufficient number of Residential Appraisers and Review Appraisers to meet the numerosity requirements under Rule 23. The Court appoints the following attorneys as FLSA Collective Action Counsel: BRYAN SCHWARTZ LAW, Bryan J. Schwartz and Rachel M. Terp; and DESAI LAW FIRM, P.C., Aashish Y. Desai, and Adrianne De Castro. The Court appoints Named Plaintiff Pedro Moret as FLSA Collective Action Representative.The Court appoints CPT, Inc. to serve as settlement administrator to carry out all duties and responsibilities of the Claims Administrator as specified in the Settlement Agreement. The Court hereby approves the settlement as set forth in the Settlement Agreement and expressly finds that the settlement is, in all respects, fair, reasonable, adequate, and in the best interests of the entire FLSA Collective and hereby directs implementation of all remaining terms, conditions, and provisions of the Settlement Agreement. The Court hereby awards Service Payments as follows: $7,500 to the Named Plaintiff Pedro Moret, and $2,500 each to the four Opt-In Plaintiffs, and Steven Michaels. The Court hereby awards attorneys' fees totaling $183,333.33 and litigation costs and expenses totaling $9,622.96 to Plaintiffs' Counsel. The Court approves claims administration expenses in an amount up to $8,000. The Parties shall bear their own costs and attorneys' fees except as otherwise provided by the Settlement and this Final Approval Order and Judgment. See document for further details. (gk)
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| Filing 55 MINUTES OF Motion Hearing held before Judge Andre Birotte Jr. RE: Joint Motion for Approval of Settlement Agreement and Conditional Certification of an FLSA Collective Action for Settlement Purposes, and Plaintiff's Request for Attorneys' Fees #49 . The Court having carefully considered the papers and the evidence submitted by the parties, and having heard the oral argument of counsel, hereby takes the motion under submission. Court Reporter: Sheri Kleeger. (gk) |
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Filing 54
ORDER GRANTING PLAINTIFF'S REQUEST TO APPEAR TELEPHONICALLY AT THE FLSA SETTLEMENT APPROVAL HEARING ON 9/13/2019 by Judge Andre Birotte Jr.: Plaintiff's Request to Appear Telephonically at the FLSA Settlement Approval Hearing #52 is GRANTED. IT IS HEREBY ORDERED that Plaintiffs' Co-Counsel Bryan J. Schwartz may appear telephonically at the FLSA Settlement Approval Hearing on 9/13/2019. See document for further details. (gk)
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| Filing 53 NOTICE OF LODGING filed re REQUEST for Leave of Bryan J. Schwartz to Appear for FLSA Settlement Approval Hearing Telephonically #52 (Attachments: #1 Proposed Order [PROPOSED] ORDER GRANTING PLAINTIFFS REQUEST TO APPEAR TELEPHONICALLY AT THE FLSA SETTLEMENT APPROVAL HEARING ON SEPTEMBER 13, 2019)(Schwartz, Bryan) |
| Filing 52 REQUEST for Leave of Bryan J. Schwartz to Appear for FLSA Settlement Approval Hearing Telephonically filed by Plaintiff Pedro Moret. Request set for hearing on 9/13/2019 at 10:00 AM before Judge Andre Birotte Jr. (Schwartz, Bryan) |
| Filing 51 SUPPLEMENT to Joint NOTICE OF MOTION AND MOTION for Settlement Approval of SETTLEMENT AGREEMENT AND CONDITIONAL CERTIFICATION OF AN FLSA COLLECTIVE CLASS ACTION FOR SETTLEMENT PURPOSES, AND PLAINITFF'S REQUEST FOR ATTORNEYS' FEES #49 Supplemental Declaration of Aashish Y. Desai filed by Plaintiff Pedro Moret. (Desai, Aashish) |
| Filing 50 DECLARATION of Pedro Moret in support of Joint NOTICE OF MOTION AND MOTION for Settlement Approval of SETTLEMENT AGREEMENT AND CONDITIONAL CERTIFICATION OF AN FLSA COLLECTIVE CLASS ACTION FOR SETTLEMENT PURPOSES, AND PLAINITFF'S REQUEST FOR ATTORNEYS' FEES #49 filed by Plaintiff Pedro Moret. (Desai, Aashish) |
| Filing 49 Joint NOTICE OF MOTION AND MOTION for Settlement Approval of SETTLEMENT AGREEMENT AND CONDITIONAL CERTIFICATION OF AN FLSA COLLECTIVE CLASS ACTION FOR SETTLEMENT PURPOSES, AND PLAINITFF'S REQUEST FOR ATTORNEYS' FEES filed by plaintiff Pedro Moret. Motion set for hearing on 9/13/2019 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Memorandum, #2 Declaration Declaration of Aashish Desai, #3 Declaration of Bryan Schwartz, #4 Declaration of Rachel Terp, #5 Proposed Order) (Desai, Aashish) |
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Filing 48
ORDER CORRECTING 6/12/2019 ORDER by Judge Andre Birotte Jr.: Upon Stipulation #44 , the Court recants its 6/12/2019 Order dismissing this case without considering the terms of the nationwide Fair Labors Standards Act settlement under 28 U.S.C. 216(b) #43 , and supplants it with the present Order. Therefore the case is reopened for the parties to submit their joint motion for approval. All calendar dates are reset. The parties are ORDERED to file a joint motion for approval of the Fair Labor Standards Act settlement under 29 U.S.C. Section 216(b) by 8/12/2019. (Case reopened. MD JS-5.) (gk)
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| Filing 47 NOTICE OF LODGING filed re Stipulation to Clarify #44 (Attachments: #1 Proposed Order)(Terp, Rachel) |
| Filing 46 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Stipulation to Clarify #44 by clerk. Counsel shall immediately file a Proposed Order and email a Microsoft Word version of the Proposed Order to the chambers email address. (lom) |
| Filing 45 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation to Clarify #44 . The following error(s) was/were found: Proposed order not submitted pursuant to Local Rule 52-4.1. All proposed signature items shall be e-mailed to the chambers' e-mail address at [email protected] in Word format. ONLY proposed order signature items should be emailed to the chambers' e-mail address. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (gk) |
| Filing 44 Joint STIPULATION to Clarify Court's June 12, 2019 Order of Dismissal, Re: Order Dismissing Case, #43 , filed by plaintiff Pedro Moret.(Desai, Aashish) |
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Filing 43
ORDER DISMISSING CIVIL ACTION by Judge Andre Birotte Jr.: THE COURT having been advised by counsel that the action has been settled #42 ; IT IS THEREFORE ORDERED that this action is hereby dismissed without costs and without prejudice to the right, upon good cause shown within 14 days, to reopen the action if settlement is not consummated. This Court retains full jurisdiction over this action and this Order shall not prejudice any party to this action. ( Case Terminated. Made JS-6. ) (gk)
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| Filing 42 NOTICE of Settlement filed by plaintiff Pedro Moret. (Desai, Aashish) |
| Filing 41 NOTICE of Filing of Consent-to-Join Form Under the Fair Labor Standards Act filed by Plaintiff Pedro Moret. (Schwartz, Bryan) |
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Filing 40
ORDER RE TOLLING AND POSTPONEMENT OF DISCOVERY, IN LIGHT OF MEDIATION by Judge Andre Birotte Jr.: Upon Stipulation #38 , IT IS SO ORDERED that all statutes of limitations affecting this matter (and all putative collective and class action members in this matter), including but not limited to the statute of limitations under 29 U.S.C. section 216(b) shall be tolled from the date of this Stipulation to 6/21/2019. The mailing of Belaire-West notice to review appraisers shall be postponed to 6/21/2019, or as soon thereafter as the third party administrator can reasonably send the notice. All motion practice and discovery shall be stayed. All deadlines for responding to outstanding discovery shall be postponed until the week of 6/21/2019. See document for further details. (gk)
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| Filing 39 NOTICE of Filing of Consent-to-Join Form Under the Fair Labor Standards Act filed by Plaintiff Pedro Moret. (Schwartz, Bryan) |
| Filing 38 Joint STIPULATION for Discovery as to Re Tolling and Postponement of Discovery, in Light of Mediation filed by Defendants Red Sky Risk Services, LLC, U.S. Bancorp, U.S. Bank, N.A.. (Attachments: #1 Proposed Order Re Tolling & Postponement of Discovery in light of Mediation, #2 Certificate of Service)(Fife, Joan) |
| Filing 37 NOTICE of Filing of Consent-to-Join Form Under the Fair Labor Standards Act filed by Plaintiff Pedro Moret. (Schwartz, Bryan) |
| Filing 36 NOTICE of Filing of Consent-to-Join Form Under the Fair Labor Standards Act filed by Plaintiff Pedro Moret. (Schwartz, Bryan) |
| Filing 35 NOTICE of Appearance filed by attorney Rachel Wintterle on behalf of Defendants Red Sky Risk Services, LLC, U.S. Bancorp, U.S. Bank, N.A. (Attorney Rachel Wintterle added to party Red Sky Risk Services, LLC(pty:dft), Attorney Rachel Wintterle added to party U.S. Bancorp(pty:dft), Attorney Rachel Wintterle added to party U.S. Bank, N.A.(pty:dft))(Wintterle, Rachel) |
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Filing 34
ORDER RE NEUTRAL MAILER TO REVIEW APPRAISERS by Judge Andre Birotte Jr.: Upon Stipulation #33 , IT IS SO ORDERED that the parties have agreed to use Rust Consulting, Inc. as a third party neutral administrator to handle the Belaire-West process. The Parties will split the costs associated with the mailing. See document for further details. (gk)
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| Filing 33 STIPULATION for Order re Neutral Mailers to Review Appraisers filed by Defendants Red Sky Risk Services, LLC, U.S. Bancorp, U.S. Bank, N.A.. (Attachments: #1 Proposed Order [Proposed] Order re Neutral Mailer to Review Appraisers)(Fife, Joan) |
| Filing 32 NOTICE of Withdrawal of Counsel filed by Defendants Red Sky Risk Services, LLC, U.S. Bancorp, U.S. Bank, N.A.. (Raquel M. Mason) (Woodhead, Emilie) |
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Filing 31
PROTECTIVE ORDER by Magistrate Judge Sheri Pym (SEE ORDER FOR DETAILS). (kca)
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| Filing 30 REQUEST for Protective Order for Stipulated Protective Order filed by Defendants Red Sky Risk Services, LLC, U.S. Bancorp, U.S. Bank, N.A.. (Mason, Raquel) |
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Filing 29
ORDER RE NEUTRAL MAILER TO PUTATIVE CLASS MEMBERS by Judge Andre Birotte Jr.: Upon Stipulation #28 , IT IS SO ORDERED that the parties have agreed to use Rust Consulting, Inc. as a third party neutral administrator ("Administrator") to handle the Belaire-West mailing. The Administrator is to conduct the mailing no later than seven calendar days after receiving the list from Defendants (or as soon after that time as is reasonably practicable for the Administrator). Putative Class Members will have 14 calendar days from the initial mailing date to opt-out to the release of their contact information to Plaintiff by returning the postcard. The Parties will split the costs associated with the mailing. See document for further details. (gk)
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| Filing 28 Joint STIPULATION for Order re Neutral Mailer to Putative Class Members filed by Defendants Red Sky Risk Services, LLC, U.S. Bancorp, U.S. Bank, N.A.. (Attachments: #1 Proposed Order, #2 Exhibit 1, #3 Exhibit 2)(Mason, Raquel) |
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Filing 27
ORDER RE JURY/COURT TRIAL: I. SCHEDULE; II. TRIAL PREPARATION; III. CONDUCT OF ATTORNEYS AND PARTIES by Judge Andre Birotte Jr.: Bench Trial set for 6/2/2020 08:30 AM before Judge Andre Birotte Jr. Final Pretrial Conference and Hearing on Motions In Limine set for 5/15/2020 11:00 AM before Judge Andre Birotte Jr. Last Date to Hear Motion to Amend Pleadings/Add Parties 3/29/2020. Non-Expert Discovery cut-off 1/17/2020. Last Date to Hear Motions 2/21/2020. Deadline to Complete Settlement Conference 3/6/2020. Trial Filings (first round): Motions In Limine, Memoranda of Contentions of Fact and Law, Witness Lists, Joint Exhibit List, Joint Status Report Regarding Settlement due by 4/24/2020. Trial Filings (second round): Oppositions to Motions In Limine, Joint Proposed Final Pretrial Conference Order due by 5/1/2020. See document for further details. (gk)
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Filing 26
ORDER/REFERRAL to ADR Procedure No 3 by Judge Andre Birotte Jr. 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 3/6/2020. (cb)
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Filing 25
(IN CHAMBERS) ORDER by Judge Andre Birotte Jr.: The Court has reviewed the Joint Rule 26(f) Report submitted by the parties, and determines that an in-person Scheduling Conference is unnecessary. Accordingly, the Court VACATES the January 11, 2019, Scheduling Conference. Order re Jury/Court Trial to issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY
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| Filing 24 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-20 days, filed by Defendants Red Sky Risk Services, LLC, U.S. Bancorp, U.S. Bank, N.A... (Mason, Raquel) |
| Filing 23 Notice of Appearance or Withdrawal of Counsel: for attorney Logan Talbot counsel for Plaintiff Pedro Moret. Adding Logan T. Talbot as counsel of record for Plaintiff for the reason indicated in the G-123 Notice. Filed by Plaintiff Pedro Moret. (Attorney Logan Talbot added to party Pedro Moret(pty:pla))(Talbot, Logan) |
| Filing 22 Notice of Appearance or Withdrawal of Counsel: for attorney DeCarol Alicia Davis counsel for Plaintiff Pedro Moret. DeCarol Alicia Davis is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Pedro Moret. (Davis, DeCarol) |
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Filing 21
ORDER SETTING SCHEDULING CONFERENCE by Judge Andre Birotte Jr. Scheduling Conference set for 1/11/2019 at 10:00 AM before Judge Andre Birotte Jr. (cb)
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| Filing 20 ANSWER to Complaint (Attorney Civil Case Opening) #1 filed by defendants Red Sky Risk Services, LLC, U.S. Bancorp, U.S. Bank, N.A..(Mason, Raquel) |
| Filing 19 First NOTICE of Appearance filed by attorney Raquel M Mason on behalf of Defendants Red Sky Risk Services, LLC, U.S. Bancorp, U.S. Bank, N.A. (Attorney Raquel M Mason added to party Red Sky Risk Services, LLC(pty:dft), Attorney Raquel M Mason added to party U.S. Bancorp(pty:dft), Attorney Raquel M Mason added to party U.S. Bank, N.A.(pty:dft))(Mason, Raquel) |
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Filing 18
ORDER GRANTING STIPULATION TO EXTEND TIME TO FILE MOTION FOR CERTIFICATION OF CLASS ACTION PURSUANT TO LOCAL CIVIL RULE 23-3 by Judge Andre Birotte Jr.: Upon Stipulation #16 , IT IS SO ORDERED that the deadline for Plaintiff to move for class and/or collective action certification under Local Civil Rule 23-3, and all opposition and reply deadlines stemming therefrom, are stayed. The Court's Rule 16(b) Scheduling Order, after the initial scheduling conference, will set forth the deadline and briefing schedule for Plaintiffs motions for class and collective action certification. (gk)
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| Filing 17 Notice of Appearance or Withdrawal of Counsel: for attorney Emilie Consuelo Woodhead counsel for Defendants Red Sky Risk Services, LLC, U.S. Bancorp, U.S. Bank, N.A.. Adding Emilie C. Woodhead as counsel of record for U.S. Bancorp, U.S. Bank N.A. and Red Sky Risk Services, LLC for the reason indicated in the G-123 Notice. Filed by Defendants' U.S. Bancorp, U.S. Bank, N.A. and Red Sky Services, LLC. (Attorney Emilie Consuelo Woodhead added to party Red Sky Risk Services, LLC(pty:dft), Attorney Emilie Consuelo Woodhead added to party U.S. Bancorp(pty:dft), Attorney Emilie Consuelo Woodhead added to party U.S. Bank, N.A.(pty:dft))(Woodhead, Emilie) |
| Filing 16 STIPULATION for Extension of Time to File Motion for Class Certification of Class Action Pursuant to Local Civil Rule 23-3 filed by plaintiff Pedro Moret. (Attachments: #1 Proposed Order Granting Stipulation to Extend Time To File Motion for Class Cert)(Desai, Aashish) |
| Filing 15 CORPORATE DISCLOSURE STATEMENT filed by Defendants Red Sky Risk Services, LLC, U.S. Bancorp, U.S. Bank, N.A. (Fife, Joan) |
| Filing 14 NOTICE of Interested Parties filed by Defendants Red Sky Risk Services, LLC, U.S. Bancorp, U.S. Bank, N.A., (Fife, Joan) |
| Filing 13 STIPULATION Extending Time to Answer the complaint as to Red Sky Risk Services, LLC answer now due 9/28/2018; U.S. Bank, N.A. answer now due 9/28/2018; U.S. Bancorp answer now due 9/28/2018, re Complaint (Attorney Civil Case Opening) #1 filed by Defendants Red Sky Risk Services, LLC; U.S. Bank, N.A.; U.S. Bancorp.(Attorney Joan B Tucker Fife added to party Red Sky Risk Services, LLC(pty:dft), Attorney Joan B Tucker Fife added to party U.S. Bancorp(pty:dft), Attorney Joan B Tucker Fife added to party U.S. Bank, N.A.(pty:dft))(Fife, Joan) |
| Filing 12 PROOF OF SERVICE Executed by Plaintiff Pedro Moret, upon Defendant Red Sky Risk Services, LLC served on 8/8/2018, answer due 8/29/2018. Service of the Summons and Complaint were executed upon Albert Demonte, on behalf of CT Corporation System in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons returned. (Terp, Rachel) |
| Filing 11 PROOF OF SERVICE Executed by Defendant Pedro Moret, upon Defendant U.S. Bank, N.A. served on 8/8/2018, answer due 8/29/2018. Service of the Summons and Complaint were executed upon Albert Demonte, on behalf of CT Corporation System in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons returned. (Terp, Rachel) |
| Filing 10 PROOF OF SERVICE Executed by Plaintiff Pedro Moret, upon Defendant U.S. Bancorp served on 8/8/2018, answer due 8/29/2018. Service of the Summons and Complaint were executed upon Albert Demonte, on behalf of CT Corporation System in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons returned. (Terp, Rachel) |
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Filing 9
STANDING ORDER upon filing of the complaint by Judge Andre Birotte Jr. (cb)
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Filing 8
ORDER RETURNING CASE FOR REASSIGNMENT by Judge Christina A. Snyder. ORDER case returned to the Clerk for random reassignment pursuant to General Order 16-05. Case randomly reassigned from Judge Christina A. Snyder to Judge Andre Birotte Jr for all further proceedings. The case number will now reflect the initials of the transferee Judge 5:18-cv-01612 AB(SPx). (rn)
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| Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Red Sky Risk Services, LLC, U.S. Bancorp, U.S. Bank, N.A. (et) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Christina A. Snyder and Magistrate Judge Sheri Pym. (et) |
| Filing 4 CERTIFICATE of Interested Parties filed by Plaintiff Pedro Moret, (Schwartz, Bryan) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Pedro Moret. (Schwartz, Bryan) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Pedro Moret. (Schwartz, Bryan) |
| Filing 1 COMPLAINT Receipt No: 0973-22184269 - Fee: $400, filed by Plaintiff Pedro Moret. (Attachments: #1 Exhibit A) (Attorney Bryan J Schwartz added to party Pedro Moret(pty:pla))(Schwartz, Bryan) |
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