Spiegler v. Clearvision Laser, et al

Federal Civil Lawsuit Colorado District Court, Case No. 1:02-cv-00205-WYD-BNB
District Judge Wiley Y. Daniel, presiding
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District Judge Wiley Y. Daniel
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Summary

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Parties
No Logo Lee R. Spiegler, Plaintiff

Represented by lklawfirm.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Sander N. Karp +1 970 945 2261 +1 970 945 7336 snk@lklawfirm.com
v.
No Logo Clearvision Laser Centers, Inc., Defendant

Represented by Hogan & Hartson, LLP

Name Phone Fax E-Mail
Space Edwin Packard Aro +1 303 899 7300 +1 303 899 7333 eparo@hhlaw.com
Attributes
Office Denver
Filed 2/4/2002
Jury Demand Plaintiff
Demand $0
Nature of Suit 190 - Contract: Other Contract Actions
Cause Section 28 U.S.C. § 1332 Diversity-Other Contract
Jurisdiction Diversity
Disposition Dismissed - Settled
County Jefferson
Terminated 12/13/2002
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag TERMED
Timeline
  Entries (56) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 55 Filed: 12/13/2002, Entered: 12/16/2002 OrderCourt Filing
ORDER of Dismissal by Judge Wiley Y. Daniel granting the Joint motion to dismiss this case with prejudice [54-1] dismissing case with prejudice Each party to pay their own costs and atty fees; It is Further ORDERED that the Ct's 9/23/02 Order dismissing Dft Laser Vision Centers, Inc., without prejudice is modified to an Order dismising them WITH PREJUDICE, each party to pay their own costs and Atty fees (cc: all counsel) ; entry date : 12/16/02 (erv)
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Blank 54 Filed: 12/10/2002, Entered: 12/11/2002, Terminated: 12/13/2002 Motion to Dismiss
Joint MOTION by plaintiff, defendant to dismiss this case with prejudice (erv)
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Blank 53 Filed: 12/3/2002, Entered: 12/3/2002 OrderCourt Filing
MINUTE ORDER : by Magistrate Judge Boyd N. Boland; Pursuant to the Status Report filed by the Dft on behalf of the parties, It is ORDERED that the parties shall file a stipulation or motion to dismiss with prejudice on or before ; dsm papers ddl set for 12/10/02 (cc: all counsel) ; entry : 12/3/02 (erv)
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Blank 51 Filed: 11/27/2002, Entered: 11/27/2002 Status Report
STATUS REPORT by defendant Clearvision Laser pursuant to the Ct's 11/20/02 Order (erv)
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Blank 52 Filed: 11/26/2002, Entered: 11/27/2002 OrderCourt Filing
MINUTE ORDER : by Judge Wiley Y. Daniel, In light of the Magistrate Judge's Order advising the Court that this case has settled, All pending Motions are DENIED as MOOT; denying motion to amend schedule order [18-1] [45-1], denying motion for sanctions [33-2], denying motion to dismiss pla's complaint based on ERISA preemption [10-1] (cc: all counsel) ; entry date : 11/27/02 (erv)
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Blank 50 Filed: 11/20/2002, Entered: 11/22/2002 MemorandumCourt Filing
MEMORANDUM by Magistrate Judge Boyd N. Boland, a Settlement was reached ; dsm papers ddl set for 12/3/02 (erv)
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Blank 49 Filed: 11/20/2002, Entered: 11/22/2002 OrderCourt Filing
ORDER by Magistrate Judge Boyd N. Boland; the Ct has been informed that this case has been settled ; settlement conf held 11/20/02 ; dsm papers ddl set for 12/3/02 (cc: all counsel) ; entry date : 11/22/02 (erv)
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Blank 48 Filed: 10/29/2002, Entered: 10/30/2002 OrderCourt Filing
MINUTE ORDER : by Magistrate Judge Boyd N. Boland; Pursuant to the Order entered today by this Ct, It is ORDERED that the pretrial Conf set 3/13/03 is VACATED ; pretrial conf held 10/29/02 (cc: all counsel) ; entry : 10/30/02 (erv)
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Blank 47 Filed: 10/29/2002, Entered: 10/30/2002 OrderCourt Filing
ORDER by Magistrate Judge Boyd N. Boland granting motion to withdraw motion to amend scheduling order [18-1] [42-1] [44-1], withdrawing motion to stay Discovery [42-2], granting motion to stay Discovery [45-2] (cc: all counsel) ; entry date : 10/30/02 (erv)
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Blank 46 Filed: 10/28/2002, Entered: 10/28/2002 MemorandumCourt Filing
MEMORANDUM by Judge Wiley Y. Daniel referring to Magistrate Judge Boyd N. Boland the Agreed motion to withdraw motion to amend scheduling order [18-1] [42-1] [44-1] (erv)
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Blank 45 Filed: 10/28/2002, Entered: 10/28/2002, Terminated: 11/26/2002 Motion to Amend/Correct/Modify
Agreed AMENDED MOTION by plaintiff Lee R. Spiegler to amend schedule order [18-1] , and to stay Discovery Terminating prior motion to amend scheduling order [18-1] [42-1], motion to stay Discovery [42-2] (erv)
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Blank 44 Filed: 10/28/2002, Entered: 10/28/2002, Terminated: 10/29/2002 Motion to Withdraw Document
MOTION by plaintiff Lee R. Spiegler to withdraw motion to amend scheduling order [18-1] [42-1] (erv)
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Blank 43 Filed: 10/24/2002, Entered: 10/25/2002 MemorandumCourt Filing
MEMORANDUM by Judge Wiley Y. Daniel referring to Magistrate Judge Boyd N. Boland the Pla's motion to amend scheduling order [18-1] [42-1], regarding [42-2] motion to stay Discovery (erv)
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Blank 42 Filed: 10/24/2002, Entered: 10/24/2002, Terminated: 10/28/2002 Motion to Amend/Correct/Modify
MOTION by plaintiff Lee R. Spiegler to amend scheduling order [18-1] , and to stay Discovery (erv)
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Blank 41 Filed: 10/7/2002, Entered: 10/8/2002 OrderCourt Filing
ORDER by Magistrate Judge Boyd N. Boland denying Pla's motion for protective order [33-1] It is Further ORDERED that the subpoena duces tecum directed to eCollege is narrowed as specified on the record (cc: all counsel) ; entry date : 10/8/02 (erv)
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Blank 40 Filed: 10/7/2002, Entered: 10/8/2002 Minutes-MiscellaneousCourt Filing
COURTROOM MINUTES of Hrg Motions by Magistrate Judge Boyd N. Boland denying Pla's motion for protective order [33-1] ; entry date : 10/8/02 Court Reporter: BNB Civil Tape 2002-102 (erv)
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Blank 39 Filed: 10/4/2002, Entered: 10/7/2002 Response to Motion
RESPONSE by defendant Clearvision Laser to Pla's motion for protective order [33-1], motion for sanctions [33-2] (erv)
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Blank 38 Filed: 9/25/2002, Entered: 9/30/2002 OrderCourt Filing
ORDER by Judge Wiley Y. Daniel granting Joint motion to dismiss without prejudice Dft Laser Vision Centers, Inc from the complaint withoput Prejudice [36-1] dismissing party Laser Vision Ctr; each party to pay their own costs and Atty fees (cc: all counsel) ; entry date : 9/30/02 (erv)
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Blank 37 Filed: 9/24/2002, Entered: 9/25/2002 OrderCourt Filing
MINUTE ORDER : by Magistrate Judge Boyd N. Boland setting hearing on Pla's motion for protective order [33-1] 9:30 10/7/02, and Pla's [33-2] motion for sanctions; the Dft has to and incl 10/4/02 in which to respond (cc: all counsel) ; entry date : 9/25/02 (erv)
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Blank 36 Filed: 9/23/2002, Entered: 9/24/2002, Terminated: 9/25/2002 Motion to Dismiss
Joint MOTION by plaintiff Lee R. Spiegler, defendant Clearvision Laser to dismiss without prejudice Dft Clear Vision Laser Centers, Inc from the complaint (erv)
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Blank 35 Filed: 9/23/2002, Entered: 9/24/2002 OrderCourt Filing
ORDER by Magistrate Judge Boyd N. Boland GRANTING Dfts motion to extend Expert Disclosure and Discovery DDL's [30-1] ; Clear Vision shall designate all experts relating to its counterclaims for professional negligence and breach of fiduciary duty (if asserted) and provide opposing csl with all information specified in FRCP 26(a)(2) on or before 30 days after those counterclaims are asserted; and The Pla shall designate all Rebuttal experts relating to Clear Vision's counterclaims and provide opposing csl with all information specified in FRCP 26(a)(2) on or before 30 days after Clear Vision designates its experts on those counterclaims Discovery relating to Clear Vision's Counterclaims for professional negligence and breach of Fiduciary duty is extended to 30 days after the designation of the Pla's rebuttal experts on thise counterclaims(cc; all counsel) ; entry date : 9/24/02 (erv)
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Blank 34 Filed: 9/23/2002, Entered: 9/23/2002 MemorandumCourt Filing
MEMORANDUM by Judge Wiley Y. Daniel referring to Magistrate Judge Boyd N. Boland the Pla's motion for protective order [33-1], and Pla's [33-2] motion for sanctions (erv)
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Blank 33 Filed: 9/20/2002, Entered: 9/23/2002, Terminated: 10/7/2002 Motion for Protective Order
MOTION by plaintiff Lee R. Spiegler for protective order , and for sanctions (erv)
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Blank 32 Filed: 9/19/2002, Entered: 9/19/2002 Response to Motion
RESPONSE by plaintiff Lee R. Spiegler to Dft Clearvision's motion to extend Expert Disclosure and Discovery DDL's [30-1] (erv)
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Blank 31 Filed: 9/16/2002, Entered: 9/17/2002 MemorandumCourt Filing
MEMORANDUM by Judge Wiley Y. Daniel referring to Magistrate Judge Boyd N. Boland the Dfts motion to extend Disclosure and Discovery DDL's [30-1] (erv)
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Blank 30 Filed: 9/13/2002, Entered: 9/16/2002, Terminated: 9/23/2002 Motion for Extension of Time
MOTION by defendant Clearvision Laser to extend Expert Disclosure and Discovery DDL's (erv)
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Blank 29 Filed: 8/28/2002, Entered: 8/29/2002 Protective OrderCourt Filing
Stipulated PROTECTIVE ORDER by Magistrate Judge Boyd N. Boland : (cc: all counsel) (erv)
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Blank 28 Filed: 8/21/2002, Entered: 8/21/2002 OrderCourt Filing
MINUTE ORDER : by Judge Wiley Y. Daniel; Due to a scheduling conflict of the Ct, the Hrg on pending motions set for 9/20/02 has been rescheduled setting hearing on motion to dismiss pla's complaint based on ERISA preemption [10-1] 1:30 1/10/03 (cc: all counsel) ; entry date : 8/21/02 (erv)
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Blank 27 Filed: 8/2/2002, Entered: 8/5/2002 OrderCourt Filing
MINUTE ORDER : by Magistrate Judge Boyd N. Boland ; settlement conf set for 3:30 11/19/02 (cc: all counsel) ; entry date : 8/5/02 (erv)
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Blank 26 Filed: 7/9/2002, Entered: 7/10/2002 OrderCourt Filing
MINUTE ORDER : by Magistrate Judge Boyd N. Boland granting Pla's motion to extend Time to Respond to Dfts First Combined set of Interrogatories and requests for production of documents [24-1] up to and incl 7/5/02 (cc: all counsel) ; entry date : 7/10/02 (erv)
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Blank 25 Filed: 7/1/2002, Entered: 7/2/2002 MemorandumCourt Filing
MEMORANDUM by Judge Wiley Y. Daniel referring to Magistrate Judge Boyd N. Boland the Plas' motion to extend Time to Respond to Dfts First Combined set of Interrogatories requests for production of documents [24-1] (erv)
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Blank 24 Filed: 7/1/2002, Entered: 7/2/2002, Terminated: 7/9/2002 Motion for Extension of Time
MOTION by plaintiff Lee R. Spiegler to extend Time to Respond to Dfts First Combined set of Interrogatories and requests for production of documents (erv)
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Blank 23 Filed: 5/24/2002, Entered: 5/28/2002 Supplement/Amendment
SUPPLEMENT by plaintiff, defendant to scheduling order [18-1] w/ deposition schedule (gms)
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Blank 22 Filed: 5/22/2002, Entered: 5/22/2002 OrderCourt Filing
MINUTE ORDER : by Judge Wiley Y. Daniel granting Dfts motion to vacate and reset hrg on Motion to Dismiss currently set for 8/26/02 at 1:30 [20-1] motion to dismiss pla's complaint based on ERISA preemption [10-1] hearing set for 1:30 9/20/02 (cc: all counsel) ; entry date : 5/22/02 (erv)
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Blank 21 Filed: 5/20/2002, Entered: 5/21/2002 Reply to Response to Motion
REPLY by Dfts' to Pla's response to Dfts motion to dismiss pla's complaint based on ERISA preemption [10-1] (erv)
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Blank 20 Filed: 5/17/2002, Entered: 5/20/2002, Terminated: 5/22/2002 Motion to Vacate
MOTION by Dfts' to vacate and reset hrg on Motion to Dismiss currently set for 8/26/02 at 1:30 (erv)
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Blank 19 Filed: 5/14/2002, Entered: 5/14/2002 OrderCourt Filing
MINUTE ORDER : by Magistrate Judge Boyd N. Boland ; settlement conf set for 1:30 8/15/02 ; pretrial conf set 9:00 3/13/02 (cc: all counsel) ; entry date : 5/14/02 (erv)
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Blank 18 Filed: 5/14/2002, Entered: 5/14/2002, Terminated: 10/29/2002 Scheduling OrderCourt Filing
SCHEDULING ORDER Magistrate Judge Boyd N. Boland (cc: all counsel) (erv)
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Blank 17 Filed: 5/13/2002, Entered: 5/14/2002 OrderCourt Filing
MINUTE ORDER : by Judge Wiley Y. Daniel granting Dfts Unopposed motion to extend time to 5/20/02 to reply in support of mtn to dism [15-1] up to and incl 5/20/02 (cc: all counsel) ; entry date : 5/14/02 (erv)
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Blank 16 Filed: 5/13/2002, Entered: 5/14/2002 Minutes-MiscellaneousCourt Filing
COURTROOM MINUTES of Rule 16 Conf by Magistrate Judge Boyd N. Boland ; rule 16 conf held on 5/13/02 ; discovery ddl set 11/13/02 ; disp mtn ddl set 1/10/03 ; settlement conf set for 1:30 8/15/02 ; pretrial conf set for 9:00 3/13/03 Supplement to Schedling Order to be filed 5/24/02; entry date 5/14/02 Court Reporter: BNB Civil Tape 02-43 & 44 (erv)
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Blank 15 Filed: 5/10/2002, Entered: 5/13/2002, Terminated: 5/13/2002 Motion for Extension of Time
Unopposed MOTION by defendants to extend time to 5/20/02 to reply in supt of mtn to dism (dlb)
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Blank 14 Filed: 5/2/2002, Entered: 5/3/2002 Response to Motion
RESPONSE in Opposition by plaintiff Lee R. Spiegler to Dfts motion to dismiss pla's complaint based on ERISA preemption [10-1] and Alternatively, Pla's motion to Amend (erv)
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Blank 13 Filed: 4/26/2002, Entered: 4/29/2002 OrderCourt Filing
MINUTE ORDER : by Judge Wiley Y. Daniel granting Pla's motion to extend time to File a Response to Dfts Motion to Dismiss [12-1] up to and incl 5//2/02, Dfts may, if they wish, submit a reply in support of their motion within 11 days of the date on which the response is served. A hrg on pending motions is scheduled for 8/26/02 at 1:30 (cc: all counsel) ; entry date : 4/29/02 (erv)
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Blank 12 Filed: 4/24/2002, Entered: 4/25/2002, Terminated: 4/26/2002 Motion for Extension of Time
MOTION by plaintiff Lee R. Spiegler to extend time to File a Response to Dfts Motion to Dismiss (erv)
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Blank 11 Filed: 3/27/2002, Entered: 3/27/2002 OrderCourt Filing
MINUTE ORDER : by Judge Wiley Y. Daniel setting hearing on Dfts motion to dismiss pla's complaint based on ERISA preemption [10-1] 1:30 8/26/02; Pla shall respond by 4/25/02 to Dfts Motion. Dfts may, if they wish, submit a reply in support of their motion within eleven days of the date on which the response is served (cc: all counsel) ; entry date : 3/27/02 (erv)
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Blank 10 Filed: 3/25/2002, Entered: 3/26/2002 Motion to Dismiss
MOTION by defendants to dismiss pla's complaint based on ERISA preemption (gms)
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Blank 9 Filed: 3/25/2002, Entered: 3/25/2002 OrderCourt Filing
MINUTE ORDER : by Magistrate Judge Boyd N. Boland ; rule 16 conference reset for 1:00 5/13/02 (cc: all counsel) ; entry date : 3/25/02 (erv)
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Blank 8 Filed: 3/20/2002, Entered: 3/20/2002 Rule 16 ConferenceCourt Filing
ORDER FOR RULE 16 CONFERENCE by Magistrate Judge Boyd N. Boland ; Rule 16 conference set for 9:15 5/9/02 (cc: all counsel) (erv)
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Blank 7 Filed: 3/19/2002, Entered: 3/19/2002 OrderCourt Filing
MINUTE ORDER : by Magistrate Judge Boyd N. Boland granting Dfts Unopposed motion to extend time to answer [4-1] Dfts have to and incl 3/24/02 in which to answer or respond to Pla's Complaint (cc: all counsel) ; entry date : 3/19/02 (erv)
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Blank 6 Filed: 3/14/2002, Entered: 3/15/2002 Order Referring Case to Magistrate JudgeCourt Filing
ORDER R16,stat,stlmt,pt,pto Case referred to Magistrate Judge Boyd N. Boland by Judge Wiley Y. Daniel (cc: to counsel) (erv)
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Blank 5 Filed: 3/14/2002, Entered: 3/15/2002 MemorandumCourt Filing
MEMORANDUM by Judge Wiley Y. Daniel referring to Magistrate Judge Boyd N. Boland the Dfts motion to extend time to answer [4-1] (erv)
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Blank 4 Filed: 3/1/2002, Entered: 3/6/2002, Terminated: 3/19/2002 Motion for Extension of Time to File Answer
Unopposed MOTION by Dfts' to extend time to answer (erv)
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Blank 3 Filed: 2/21/2002, Entered: 2/22/2002 Summons Returned Executed
RETURN OF SERVICE of Summons and Complaint upon defendant Laser Vision Ctr Inc on 2/11/02 by leaving with Gretel Nygaard, process clerk (erv)
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Blank 2 Filed: 2/21/2002, Entered: 2/22/2002 Summons Returned Executed
RETURN OF SERVICE of Summons and Complaint upon defendant Clearvision Laser on 2/11/02 by leaving with Pam Trujillo Process clerk (erv)
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Blank 1 Filed: 2/4/2002, Entered: 2/4/2002 Complaint
COMPLAINT (Summons(es) issued); jury demand (bpm)
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Blank -- Filed: 2/4/2002, Entered: 2/4/2002 Filing Fee Received
FILING FEE PAID: on 2/4/02 in the amount of $ 150, receipt # 232244. (bpm)
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