Buhr v. ADT Inc.

Federal Civil Lawsuit Florida Southern District Court, Case No. 9:18-cv-80605
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Last Updated March 10, 2019 at 5:03 AM EDT (7.3 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Shelli Buhr, Plaintiff

Represented by Girard Gibbs, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, PRO HAC VICE Daniel Charles Girard +1 415 981 4800 +1 415 981 4846 dcg@girardgibbs.com
ATTORNEY TO BE NOTICED, PRO HAC VICE Simon S Grille +1 415 981 4800 +1 415 981 4846 sg@girardgibbs.com
ATTORNEY TO BE NOTICED, PRO HAC VICE Angelica M. Ornelas +1 415 981 4800 amo@girardgibbs.com

Represented by The Moskowitz Law Firm PLLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Howard Mitchell Bushman +1 305 740 1423 howard@moskowitz-law.com
ATTORNEY TO BE NOTICED JOSEPH M KAYE +1 305 740 1423 joseph@moskowitz-law.com
ATTORNEY TO BE NOTICED Adam M. Moskowitz +1 305 740 1423 adam@moskowitz-law.com
ATTORNEY TO BE NOTICED Adam Abraham Schwartzbaum +1 305 740 1423 adams@moskowitz-law.com
v.
No Logo Adt, Inc., Defendant

Represented by MCNEW, PA

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Charles Sanders McNew +1 561 299 0257 +1 561 299 3705 mcnew@mcnew.net

Represented by Venable LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, PRO HAC VICE, ATTORNEY TO BE NOTICED, PRO HAC VICE Daniel S. Blynn +1 202 334 4616 +1 202 344 8300 dsblynn@venable.com
ATTORNEY TO BE NOTICED, PRO HAC VICE, ATTORNEY TO BE NOTICED, PRO HAC VICE Mary Melissa Gardner +1 202 344 4398 mmgardner@venable.com
No Logo ADT LLC., Defendant

Represented by MCNEW, PA

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Charles Sanders McNew +1 561 299 0257 +1 561 299 3705 mcnew@mcnew.net

Represented by Venable LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, PRO HAC VICE, ATTORNEY TO BE NOTICED, PRO HAC VICE Daniel S. Blynn +1 202 334 4616 +1 202 344 8300 dsblynn@venable.com
ATTORNEY TO BE NOTICED, PRO HAC VICE, ATTORNEY TO BE NOTICED, PRO HAC VICE Mary Melissa Gardner +1 202 344 4398 mmgardner@venable.com
Attributes
Citation Section 28 U.S.C. § 1331
Nature of Suit 890 - Other Statutes: Other Statutory Actions
Timeline
  Entries (46) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 47 Filed: 1/9/2019, Entered: None Miscellaneous Relief
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Legal Document (Payment Possibly Required) 43 Filed: 8/29/2018, Entered: None Unknown Document TypeCourt Filing
PAPERLESS ORDER denying 41 Motion for Reconsideration for the reasons set forth in Defendant's Response. Signed by Judge Robin L. Rosenberg on 8/29/2018. (bkd) (Entered: 08/29/2018)
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Legal Document (Payment Possibly Required) 42 Filed: 8/28/2018, Entered: None Unknown Document Type
RESPONSE in Opposition re 41 Plaintiff's MOTION for Reconsideration re 40 Order on Motion to Stay,, filed by ADT LLC.. Replies due by 9/4/2018. (Attachments: # 1 Exhibit (Declaration of Daniel S. Blynn))(McNew, Charles) (Entered: 08/28/2018)
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Legal Document (Payment Possibly Required) 41 Filed: 8/14/2018, Entered: 8/14/2018 Reconsideration
Plaintiff's MOTION for Reconsideration re 40 Order on Motion to Stay,, by Shelli Buhr. (Attachments: # 1 Exhibit A)(Moskowitz, Adam)
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Legal Document (Payment Possibly Required) 40 Filed: 7/25/2018, Entered: None Unknown Document TypeCourt Filing
PAPERLESS ORDER granting 22 Motion to Stay. Defendant's Motion to Stay is granted for all of the reasons set forth in the Motion. This case is stayed pending a ruling from the FCC that clarifies the definition of "an automatic telephone dialing system" under the TCPA as discussed in Defendant's Motion. In the event the FCC has not rendered such a ruling, however, within five months of the date of rendition of this Order, the parties are ordered to so apprise the Court in a status report. Signed by Judge Robin L. Rosenberg on 7/25/2018. (bkd) (Entered: 07/25/2018)
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Legal Document (Payment Possibly Required) 39 Filed: 7/20/2018, Entered: 7/20/2018 Order Setting Status ConferenceCourt Filing
ORDER Setting Discovery Status Conference: Status Conference Re: Discovery Matters set for 11/28/2018 at 2:30 PM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. Signed by Magistrate Judge Bruce E. Reinhart on 7/19/2018. See attached document for full details. (pes)
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Legal Document (Payment Possibly Required) 38 Filed: 7/19/2018, Entered: None Unknown Document TypeCourt Filing
PAPERLESS ORDER approving the parties' stipulation re: Discovery of Electronically Stored Information [DE 35] and Protective Order [DE 36]. Signed by Magistrate Judge Bruce E. Reinhart on 7/19/2018. (kry) (Entered: 07/19/2018)
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Legal Document (Payment Possibly Required) 37 Filed: 7/16/2018, Entered: None Order Referring Case to Mediation
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Legal Document (Payment Possibly Required) 37 Filed: 7/13/2018, Entered: None Scheduling OrderCourt Filing
SCHEDULING ORDER: ( Amended Pleadings due by 8/24/2018., Discovery due by 12/28/2018., Joinder of Parties due by 8/24/2018., In Limine Motions due by 1/29/2019., Motions due by 1/29/2019., Pretrial Stipulation due by 3/29/2019.), ORDER REFERRING CASE to Mediation.. Mediation Deadline 3/1/2019. Signed by Judge Robin L. Rosenberg on 7/13/2018. See attached document for full details. (pes) Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. (Entered: 07/16/2018)
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Legal Document (Payment Possibly Required) 36 Filed: 7/13/2018, Entered: None Unknown Document Type
STIPULATION [Proposed] Protective Order. by Shelli Buhr (Attachments: # 1 Text of Proposed Order)(Moskowitz, Adam) (Entered: 07/13/2018)
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Legal Document (Payment Possibly Required) 35 Filed: 7/13/2018, Entered: None Unknown Document Type
STIPULATION [Proposed] Order re: Discovery of Electronically Stored Information. by Shelli Buhr (Attachments: # 1 Text of Proposed Order)(Moskowitz, Adam) (Entered: 07/13/2018)
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Legal Document (Payment Possibly Required) 34 Filed: 7/13/2018, Entered: None Unknown Document Type
NOTICE of Striking 31 Stipulation filed by Shelli Buhr, 32 Stipulation filed by Shelli Buhr by Shelli Buhr (Moskowitz, Adam) (Entered: 07/13/2018)
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Legal Document (Payment Possibly Required) 33 Filed: 7/13/2018, Entered: None Unknown Document Type
Clerks Notice to Filer re 31 Stipulation, 32 Stipulation. Proposed Orders Docketed as Main Documents; CORRECTIVE ACTION REQUIRED - Filer must File a Notice of Striking, then resubmit the proposed orders as instructed in the CM/ECF Administrative Procedures. (pes) (Entered: 07/13/2018)
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Legal Document (Payment Possibly Required) 32 Filed: 7/12/2018, Entered: None Unknown Document Type
STRICKEN - STIPULATION Order re: Discovery of Electronically Stored Information by Shelli Buhr (Moskowitz, Adam) Modified per DE 34 on 7/16/2018 (pes). (Entered: 07/12/2018)
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Legal Document (Payment Possibly Required) 31 Filed: 7/12/2018, Entered: None Unknown Document Type
STRICKEN - STIPULATION Protective Order by Shelli Buhr (Moskowitz, Adam) Modified per DE 34 on 7/16/2018 (pes). (Entered: 07/12/2018)
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Legal Document (Payment Possibly Required) 30 Filed: 7/12/2018, Entered: None Unknown Document Type
ANSWER and Affirmative Defenses to Amended Complaint by ADT Inc., ADT LLC.. (McNew, Charles) (Entered: 07/12/2018)
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Legal Document (Payment Possibly Required) 29 Filed: 7/10/2018, Entered: None Unknown Document Type
REPLY to Response to Motion re 22 MOTION to Stay Case Pending FCC Ruling filed by ADT Inc., ADT LLC.. (McNew, Charles) (Entered: 07/10/2018)
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Legal Document (Payment Possibly Required) 28 Filed: 7/3/2018, Entered: None Unknown Document Type
RESPONSE in Opposition re 22 MOTION to Stay Case Pending FCC Ruling filed by Shelli Buhr. Replies due by 7/10/2018. (Attachments: # 1 Exhibit A)(Moskowitz, Adam) (Entered: 07/03/2018)
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Legal Document (Payment Possibly Required) 27 Filed: 6/28/2018, Entered: None Unknown Document Type
First AMENDED COMPLAINT CLASS ACTION against ADT LLC. filed in response to Order Granting Motion for Leave, filed by Shelli Buhr.(Moskowitz, Adam) (Entered: 06/28/2018)
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Legal Document (Payment Possibly Required) 26 Filed: 6/28/2018, Entered: None Unknown Document TypeCourt Filing
PAPERLESS ORDER granting 23 Motion for Leave to File. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge. Signed by Judge Robin L. Rosenberg on 6/28/2018. (bkd) (Entered: 06/28/2018)
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Legal Document (Payment Possibly Required) 25 Filed: 6/27/2018, Entered: None Unknown Document TypeCourt Filing
ORDER granting 20 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Mary M. Gardner, Esq. Signed by Magistrate Judge Bruce E. Reinhart on 6/27/2018. (kry) (Entered: 06/27/2018)
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Legal Document (Payment Possibly Required) 24 Filed: 6/27/2018, Entered: None Unknown Document TypeCourt Filing
ORDER granting 19 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Daniel S. Blynn, Esq. Signed by Magistrate Judge Bruce E. Reinhart on 6/27/2018. (kry) (Entered: 06/27/2018)
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Legal Document (Payment Possibly Required) 23 Filed: 6/27/2018, Entered: 6/27/2018 Leave to File Document
Agreed MOTION for Leave to File First Amended Complaint by Shelli Buhr. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Moskowitz, Adam)
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Legal Document (Payment Possibly Required) 22 Filed: 6/22/2018, Entered: 6/22/2018 Stay
MOTION to Stay Case Pending FCC Ruling by ADT Inc., ADT LLC.. Responses due by 7/6/2018 (Attachments: # 1 Exhibit 1 (FCC notice), # 2 Exhibit 2 (FCC petition), # 3 Exhibit 3 (Cameron Decl.), # 4 Exhibit 4 (ADT comments), # 5 Exhibit 5 (Blynn Decl.))(McNew, Charles)
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Legal Document (Payment Possibly Required) 21 Filed: 6/22/2018, Entered: None Unknown Document Type
Joint SCHEDULING REPORT - Rule 26(f) by Shelli Buhr (Moskowitz, Adam) (Entered: 06/22/2018)
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Legal Document (Payment Possibly Required) 20 Filed: 6/21/2018, Entered: 6/21/2018 Appear - Pro Hac Vice
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Mary M. Gardner. Filing Fee $ 75.00 Receipt # 113C-10755067 by ADT Inc., ADT LLC.. Responses due by 7/5/2018 (McNew, Charles)
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Legal Document (Payment Possibly Required) 19 Filed: 6/21/2018, Entered: 6/21/2018 Appear - Pro Hac Vice
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Daniel S. Blynn. Filing Fee $ 75.00 Receipt # 113C-10755041 by ADT Inc., ADT LLC.. Responses due by 7/5/2018 (McNew, Charles)
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Legal Document (Payment Possibly Required) 18 Filed: 6/18/2018, Entered: None Unknown Document TypeCourt Filing
ORDER granting 14 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Angelica M. Ornelas, Esq. Signed by Magistrate Judge Bruce E. Reinhart on 6/18/2018. (kry) (Entered: 06/18/2018)
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Legal Document (Payment Possibly Required) 17 Filed: 6/18/2018, Entered: None Unknown Document TypeCourt Filing
ORDER granting 13 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Simon S. Grille, Esq. Signed by Magistrate Judge Bruce E. Reinhart on 6/18/2018. (kry) (Entered: 06/18/2018)
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Legal Document (Payment Possibly Required) 16 Filed: 6/18/2018, Entered: None Unknown Document TypeCourt Filing
ORDER granting 12 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Daniel C. Girard, Esq. Signed by Magistrate Judge Bruce E. Reinhart on 6/18/2018. (kry) (Entered: 06/18/2018)
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Legal Document (Payment Possibly Required) 15 Filed: 6/18/2018, Entered: None Unknown Document Type
NOTICE of Attorney Appearance by Adam Abraham Schwartzbaum on behalf of Shelli Buhr (Schwartzbaum, Adam) (Entered: 06/18/2018)
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Legal Document (Payment Possibly Required) 14 Filed: 6/15/2018, Entered: 6/15/2018 Appear - Pro Hac Vice
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Angelica M. Ornelas. Pay.gov Agency Tracking ID 113C-10739781. Filing Fee $ 75.00 by Shelli Buhr. Responses due by 6/29/2018 (Attachments: # 1 Text of Proposed Order)(Moskowitz, Adam)
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Legal Document (Payment Possibly Required) 13 Filed: 6/15/2018, Entered: 6/15/2018 Appear - Pro Hac Vice
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Simon S. Grille. Filing Fee $ 75.00 Receipt # 113C-10740092 by Shelli Buhr. Responses due by 6/29/2018 (Attachments: # 1 Text of Proposed Order)(Schwartzbaum, Adam)
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Legal Document (Payment Possibly Required) 12 Filed: 6/15/2018, Entered: 6/15/2018 Appear - Pro Hac Vice
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Daniel C. Girard. Filing Fee $ 75.00 Receipt # 113C-10739990 by Shelli Buhr. Attorney Adam Abraham Schwartzbaum added to party Shelli Buhr(pty:pla). Responses due by 6/29/2018 (Attachments: # 1 Text of Proposed Order)(Schwartzbaum, Adam)
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Legal Document (Payment Possibly Required) 11 Filed: 6/14/2018, Entered: None Unknown Document Type
ANSWER and Affirmative Defenses to Complaint by ADT Inc., ADT LLC.. (McNew, Charles) (Entered: 06/14/2018)
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Legal Document (Payment Possibly Required) 10 Filed: 6/11/2018, Entered: 6/11/2018 OrderCourt Filing
STANDING DISCOVERY ORDER FOR MAGISTRATE JUDGE BRUCE REINHART. Signed by Magistrate Judge Bruce E. Reinhart on 6/11/2018. (pes)
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Legal Document (Payment Possibly Required) 9 Filed: 6/11/2018, Entered: None Order Referring Case to Magistrate Judge
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Legal Document (Payment Possibly Required) 9 Filed: 6/8/2018, Entered: None Scheduling OrderCourt Filing
SCHEDULING ORDER: ( Status Conference set for 3/27/2019 at 9:30 AM in West Palm Beach Division before Judge Robin L. Rosenberg., Trial set for 4/29/2019 at 9:00 AM in West Palm Beach Division before Judge Robin L. Rosenberg., Calendar Call set for 4/24/2019 at 9:00 AM in West Palm Beach Division before Judge Robin L. Rosenberg.), ORDER REFERRING CASE to Magistrate Judge Bruce E. Reinhart for discovery matters. Signed by Judge Robin L. Rosenberg on 6/8/2018. (pes) Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. (Entered: 06/11/2018)
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Legal Document (Payment Possibly Required) 8 Filed: 5/24/2018, Entered: None Unknown Document TypeCourt Filing
PAPERLESS ORDER granting in part and denying in part 7 Motion for Extension of Time to File Response/Answer to a Complaint or Other Case Initiating Document. Defendant shall file a responsive motion or a responsive pleading to Plaintiff's Complaint by 6/14/2018. Signed by Judge Robin L. Rosenberg on 5/24/2018. (bkd) (Entered: 05/24/2018)
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Legal Document (Payment Possibly Required) 7 Filed: 5/24/2018, Entered: 5/24/2018 Extension of Time to File Response/Reply/Answer
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 1 Complaint by ADT Inc., ADT LLC.. (McNew, Charles)
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Legal Document (Payment Possibly Required) 6 Filed: 5/24/2018, Entered: None Unknown Document Type
NOTICE of Attorney Appearance by Charles Sanders McNew on behalf of ADT Inc., ADT LLC.. Attorney Charles Sanders McNew added to party ADT Inc. (pty:dft), Attorney Charles Sanders McNew added to party ADT LLC.(pty:dft). (McNew, Charles) (Entered: 05/24/2018)
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Legal Document (Payment Possibly Required) 5 Filed: 5/18/2018, Entered: None Unknown Document Type
SUMMONS (Affidavit) Returned Executed on 1 Complaint with a 21 day response/answer filing deadline by Shelli Buhr. ADT LLC. served on 5/16/2018, answer due 6/6/2018. (Moskowitz, Adam) (Entered: 05/18/2018)
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Legal Document (Payment Possibly Required) 4 Filed: 5/11/2018, Entered: None Unknown Document Type
SUMMONS (Affidavit) Returned Executed on 1 Complaint with a 21 day response/answer filing deadline by Shelli Buhr. ADT Inc. served on 5/10/2018, answer due 5/31/2018. (Moskowitz, Adam) (Entered: 05/11/2018)
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Legal Document (Payment Possibly Required) 3 Filed: 5/10/2018, Entered: None Unknown Document Type
Summons Issued as to ADT Inc., ADT LLC. (pes) (Entered: 05/10/2018)
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Legal Document (Payment Possibly Required) 2 Filed: 5/9/2018, Entered: None Unknown Document TypeCourt Filing
Clerks Notice of Judge Assignment to Judge Robin L. Rosenberg and Magistrate Judge Bruce E. Reinhart. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Bruce E. Reinhart 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. (pes) (Entered: 05/10/2018)
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Legal Document (Payment Possibly Required) 1 Filed: 5/9/2018, Entered: None Unknown Document Type
COMPLAINT Class Action against ADT Inc., ADT LLC.. Filing fees $ 400.00 receipt number 113C-10640010, filed by Shelli Buhr. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s), # 3 Summon(s))(Moskowitz, Adam) (Entered: 05/09/2018)
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