Name: Rodriguez v. Almighty Cleaning, Inc. :: New York Eastern District Court :: Federal Civil Lawsuit No. 2:09-cv-02997, Judge Joanna Seybert presiding
Creator: New York Eastern District Court
Published: 2009-07-14
License: https://creativecommons.org/publicdomain/mark/1.0/
Keywords: court documents, legal case, docket, PACER, New York Eastern District Court

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47	Filed: 6/21/2012, Entered: None
	MEMORANDUM AND ORDER - Plaintiffs' status report (Docket Entry 46) indicates that Plaintiffs will continue to attempt to enforce their judgment but will no longer attempt to identify similarly situated class members. The judgment (Docket Entry 44) is limited to the Plaintiffs described therein, and the Clerk of the Court is respectfully directed to close this case. So Ordered by Judge Joanna Seybert on 6/21/12. C/ECF (Valle, Christine) (Entered: 06/25/2012)
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46	Filed: 2/3/2012, Entered: None
	STATUS REPORT by Maria Antunez, Norma Reyes, Gissella Rodriguez, Maribel Rodriguez (Kessler, Troy) (Entered: 02/03/2012)
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45	Filed: 1/24/2012, Entered: None
	STATUS REPORT ORDER - ORDERED that the Plaintiffs file a brief written status report by Feb. 6, 2012, indicating whether the potential claims will be pursued. A copy of this order and the status report must be provided to the Defendants. Status Report due by 2/6/2012. So Ordered by Judge Joanna Seybert on 1/23/12. C/ECF (Valle, Christine) (Entered: 01/25/2012)
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44	Filed: 3/29/2011, Entered: None
	JUDGMENT - ORDERED AND ADJUDGED that judgment is entered against Defendants and in favor of Plaintiff Maribel Rodriguez in the amount of $102,867.42, in favor of Plaintiff Gissella Rodriguez in the amount of $150,195.07, in favor of Plaintiff Norma Reyes in the amount of $89,555.04, and in favor of Plaintiff Maria Antunez in the amount of $14,557.25; that Defendants are jointly and severally liable for these damage amounts; that Plaintiffs' motion for conditional certification as a Fair Labor Standards Act collective action is granted; and that Defendants shall produce promptly the names and last known addresses of potential class members. Signed by Catherine Vukovich, Deputy Clerk on 3/29/11. C/ECF (Valle, Christine) (Entered: 03/30/2011)
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43	Filed: 3/28/2011, Entered: None
	MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATION Re: 41 Report and Recommendations; 30 Motion for Default Judgment.The Clerk of the Court is directed to enter judgment against Defendants in favor of Plaintiff Maribel Rodriguez in the amount of $102,867.42; in favor of Plaintiff Gissella Rodriguez in the amount of $150,195.07; in favor of Plaintiff Norma Reyes in the amount of $89,555.04; and in favor of Plaintiff Maria Antunez in the amount of $14,557.25. Plaintiffs' motion for conditional certification as an FLSA collective action is granted, and Defendants are ORDERED to produce promptly the names and last known addresses of potential class members. So Ordered by Judge Joanna Seybert on 3/28/2011. C/ECF (Valle, Christine) Modified on 3/30/2011. (Entered: 03/28/2011)
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42	Filed: 3/1/2011, Entered: None
	CERTIFICATE OF SERVICE by Maria Antunez, Norma Reyes, Gissella Rodriguez, Maribel Rodriguez re 41 REPORT AND RECOMMENDATIONS re 30 Notice of MOTION for Default Judgment as to all defendants filed by Maria Antunez, Maribel Rodriguez, Norma Reyes, Gissella RodriguezREPORT AND RECOMMENDATIONS re 30 Notice of MOTION for Default Judgment as to all defendants filed by Maria Antunez, Maribel Rodriguez, Norma Reyes, Gissella Rodriguez (Kessler, Troy) (Entered: 03/01/2011)
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41	Filed: 2/28/2011, Entered: None
	REPORT AND RECOMMENDATION re 30 Notice of MOTION for Default Judgment. For the reasons set forth in the attached Report and Recommendation, I respectfully recommend to Judge Seybert that a default judgment is warranted and should be entered against Defendants as to the named Plaintiffs. SEE ATTACHED FOR FURTHER RECOMMENDATONS. Ordered by Magistrate Judge A. Kathleen Tomlinson on 2/28/2011. (Reifman, Marli) (Entered: 02/28/2011)
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40	Filed: 12/17/2010, Entered: None
	AFFIDAVIT/DECLARATION in Support re 30 Notice of MOTION for Default Judgment as to all defendants previously filed on August 25, 2010 filed by Maria Antunez, Norma Reyes, Gissella Rodriguez, Maribel Rodriguez. (Attachments: # 1 Exhibit 10-A Maribel Rodriguez' pay stubs, # 2 Exhibit 11-A Gissella Rodriguez' pay stubs, # 3 Exhibit 12-A Norma Reyes' pay stubs, # 4 Exhibit 13-A Maria Antunez' pay stub) (Kessler, Troy) (Entered: 12/17/2010)
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39	Filed: 12/16/2010, Entered: None
	REPLY in Support re 30 Notice of MOTION for Default Judgment as to all defendants - letter withdrawing that portion of default judgment motion which seeks an award of attorney's fees filed by Maria Antunez, Norma Reyes, Gissella Rodriguez, Maribel Rodriguez. (Kessler, Troy) (Entered: 12/16/2010)
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38	Filed: 9/14/2010, Entered: None
	Mail Returned as Undeliverable - Copy of Clerk's Certificate sent to PMCB Cleaning & Maintenance, received in Clerk's Office on 9/14/10, marked Return to Sender; Attempted Not Known; Unable to Forward. (Valle, Christine) (Entered: 09/15/2010)
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37	Filed: 9/14/2010, Entered: None
	Mail Returned as Undeliverable - Copy of Clerk's Certificate sent to Phillip Patanjo, received in Clerk's Office on 9/14/10, marked Return to Sender; Attempted Not Known; Unable to Forward. (Valle, Christine) (Entered: 09/15/2010)
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36	Filed: 9/15/2010, Entered: None
	Mail Returned as Undeliverable - Copy of Clerk's Certificate sent to Almighty Cleaning, Inc., received in Clerk's Office on 9/15/10, marked Return to Sender; Attempted Not Known, Unable to Forward. (Valle, Christine) (Entered: 09/15/2010)
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35	Filed: 9/10/2010, Entered: None
	ORDER OF REFERRAL - Pursuant to Rule 72 of the Federal Rules of Civil Procedure, the Court hereby refers this matter to Magistrate Judge Michael L. Orenstein to issue a report and recommendation on whether the motions should be granted, and what damages, if any, should be assessed against the Defendants. Notice of MOTION for Default Judgment 30 as to all defendants referred to Magistrate Judge Michael L. Orenstein. So Ordered by Judge Joanna Seybert on 9/10/10. (Valle, Christine) (Entered: 09/14/2010)
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34	Filed: 9/8/2010, Entered: None
	CERTIFICATE of Clerk - The default of Defendants, Almighty Cleaning, Inc., PMCB Cleaning & Maintenance, Inc., and Phillip Patanjo, is hereby noted pursuant to Rule 55(a) of the Federal Rules of Civil Procedure. Signed by Keith A. Jones, Deputy Clerk on 9/8/10. C/M (Valle, Christine) (Entered: 09/09/2010)
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33	Filed: 8/26/2010, Entered: None
	Minute Entry for proceedings held before Magistrate Judge Michael L. Orenstein:Status Conference scheduled for 8/27/2010 cancelled. Plaintiff complied with this court's directive of 8/25/2010 and filed the motion for entry of a default judgment. See Order dated 8/25/2010, Orenstein, M.J. (Ryan, Mary) (Entered: 08/26/2010)
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32	Filed: 8/25/2010, Entered: None
	MEMORANDUM in Support re 30 Notice of MOTION for Default Judgment as to all defendants filed by Maria Antunez, Norma Reyes, Gissella Rodriguez, Maribel Rodriguez. (Kessler, Troy) (Entered: 08/25/2010)
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31	Filed: 8/25/2010, Entered: None
	AFFIDAVIT/DECLARATION in Support re 30 Notice of MOTION for Default Judgment as to all defendants filed by Maria Antunez, Norma Reyes, Gissella Rodriguez, Maribel Rodriguez. (Attachments: # 1 Clerk's Certificate of Default, # 2 Request of Entry of Default, # 3 Proposed Order and Judgment, # 4 Exhibit 1 - Complaint, # 5 Exhibit 2 - Affidavits of Service, # 6 Exhibit 3 - Answer, # 7 Exhibit 4 - Order Relieving Attorney, # 8 Exhibit 5 - Order of July 14 2010, # 9 Exhibit 6 - Affidavit of Maribel Rodriguez, # 10 Exhibit 7 - Affidavit of Gissella Rodriguez, # 11 Exhibit 8 - Affidavit of Maria Antunez, # 12 Exhibit 9 - Summary of Damages Calculations, # 13 Exhibit 10 - Plaintiff Maribel Rodriguez's Damages, # 14 Exhibit 11 - Plaintiff Gissella Rodriguez's Damages, # 15 Exhibit 12 - Plaintiff Norma Reyes's Damages, # 16 Exhibit 13 - Plaintiff Maria Antunez's Damages, # 17 Certificate of Service Certificate of Service) (Kessler, Troy) (Entered: 08/25/2010)
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30	Filed: 8/25/2010, Entered: None
	Notice of MOTION for Default Judgment as to all defendants by Maria Antunez, Norma Reyes, Gissella Rodriguez, Maribel Rodriguez. (Kessler, Troy) (Entered: 08/25/2010)
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29	Filed: 8/25/2010, Entered: None
	ORDER granting 28 Motion to Adjourn Conference. Conference adjourned to 8/27/2010 at 11:00 a.m. If motion has been filed Court will cancel conference. Ordered by Magistrate Judge Michael L. Orenstein on 8/25/2010. (Ryan, Mary) (Entered: 08/25/2010)
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28	Filed: 8/25/2010, Entered: None
	Letter MOTION to Adjourn Conference by Maria Antunez, Norma Reyes, Gissella Rodriguez, Maribel Rodriguez. (Kessler, Troy) (Entered: 08/25/2010)
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27	Filed: 8/13/2010, Entered: None
	ORDER re 26 Status Report filed by Maria Antunez, Maribel Rodriguez, Norma Reyes, Gissella Rodriguez. Conference adjourned to 8/26/10 at 10:00 AM. If plaintiff has filed the motion for a default judgment by that date, court will cancel the 8/26/10 conference. So Ordered by Magistrate Judge Michael L. Orenstein on 8/13/2010. (Major, Jasmine) (Entered: 08/16/2010)
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26	Filed: 8/11/2010, Entered: None
	STATUS REPORT by Maria Antunez, Norma Reyes, Gissella Rodriguez, Maribel Rodriguez (Kessler, Troy) (Entered: 08/11/2010)
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25	Filed: 8/4/2010, Entered: None
	ORDER granting 23 Motion to Adjourn Conference: Conference adjourned to 8/16/10 at 2:00 p.m. Plaintiff shall advise the Court as to whether corporate defendant has appeared by counsel. The individual defendant is entitled to file papers before Judge Seybert pro se. If defendants fail to file opposition to the Order to Show Cause in accordance with Judge Seybert's Order, counsel shall advise the undersigned. Ordered by Magistrate Judge Michael L. Orenstein on 8/4/2010. (Imrie, Robert) (Entered: 08/05/2010)
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24	Filed: 8/5/2010, Entered: None
	Certified Mail Returned as Undeliverable - Copy of Order to Show Cause addressed to PMCB Cleaning & Maintenance, Inc., c/o Phillip Patanjo, received in Clerk's Office on 8/5/10, marked Return to Sender; Unclaimed; Unable to Forward. (Valle, Christine) (Entered: 08/05/2010)
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23	Filed: 8/2/2010, Entered: None
	Letter MOTION to Adjourn Conference by Maria Antunez, Norma Reyes, Gissella Rodriguez, Maribel Rodriguez. (Kessler, Troy) (Entered: 08/02/2010)
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22	Filed: 7/28/2010, Entered: None
	Certified Mail Returned as Undeliverable - Copy of Order to Show Cause, sent to Almighty Cleaning Inc., received in Clerk's Office on 7/28/10 marked Return to Sender; Not Deliverable as Addressed; Unable to Forward. (Valle, Christine) (Entered: 07/28/2010)
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21	Filed: 7/19/2010, Entered: None
	Mail receipt (7008 1140 0003 9220 6221) addressed to Phillip Patanjo. Signed for by Michelle Patanjo. Date of delivery 7/16/2010. (Glueckert, Lisa) (Entered: 07/20/2010)
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20	Filed: 7/14/2010, Entered: None
	ORDER TO SHOW CAUSE: SO ORDERED that the deft show cause why the Court should not entertain a motion by plaintiff to strike answer and for a deft judgment. The defts shall file a response with the Court within 30 days of the date of this Order, with a copy mailed to plaintiff's counsel. IT IS FURTHER ORDERED that service of a copy of this Order to Show Cause be made by the Clerk of the Court by certified mail on the defts. Ordered by Judge Joanna Seybert on 7/14/2010. (Glueckert, Lisa) (Entered: 07/14/2010)
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19	Filed: 5/21/2010, Entered: None
	AFFIDAVIT/AFFIRMATION of Service or Order by Almighty Cleaning, Inc., PMCB Cleaning & Maintenance, Inc., Phillip Patanjo (Somma, Ralph) (Entered: 05/21/2010)
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18	Filed: 5/17/2010, Entered: None
	ORDER granting 17 Motion to Withdraw as Attorney. Application GRANTED. The Clerk of Court is directed to update the docket accordingly. Defendants are directed to obtain new counsel, and such counsel is directed to file a notice of appearance, within 30 days of the entry of this Order. Ralph A. Somma is directed to serve Defendants with a copy of this Order within 2 days of its entry. So Ordered by Judge Joanna Seybert on 5/17/10. C/ECF (Valle, Christine) (Entered: 05/20/2010)
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17	Filed: 3/19/2010, Entered: None
	First MOTION to Withdraw as Attorney for Defendants by Almighty Cleaning, Inc., PMCB Cleaning & Maintenance, Inc., Phillip Patanjo. (Attachments: # 1 Affidavit Affirmation in Support, # 2 Affidavit Affirmation of Service) (Somma, Ralph) (Entered: 03/19/2010)
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16	Filed: 12/30/2009, Entered: None
	REPLY in Support re 7 Notice of MOTION to Certify Class -Conditional Certification of an FSLA Collective Action on behalf of plaintiffs filed by Maria Antunez, Norma Reyes, Gissella Rodriguez, Maribel Rodriguez. (Matura, Marijana) (Entered: 12/30/2009)
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15	Filed: 12/21/2009, Entered: None
	Letter MOTION for Extension of Time to File Response/Reply as to 7 Notice of MOTION to Certify Class -Conditional Certification of an FSLA Collective Action, 9 Memorandum in Support, 8 Affidavit in Support of Motion,, by Almighty Cleaning, Inc., PMCB Cleaning & Maintenance, Inc., Phillip Patanjo. (Somma, Ralph) (Entered: 12/21/2009)
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14	Filed: 12/21/2009, Entered: None
	MEMORANDUM in Opposition re 7 Notice of MOTION to Certify Class -Conditional Certification of an FSLA Collective Action filed by Almighty Cleaning, Inc., PMCB Cleaning & Maintenance, Inc., Phillip Patanjo. (Somma, Ralph) (Entered: 12/21/2009)
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13	Filed: 12/10/2009, Entered: None
	SCHEDULING ORDER: Final Pretrial Conference set for 8/6/2010 10:00 AM before Magistrate Judge Michael L. Orenstein. Discovery due by 7/31/2010. Motions due by 8/31/2010. Ordered by Magistrate Judge Michael L. Orenstein on 12/10/2009. (Imrie, Robert) (Entered: 12/14/2009)
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12	Filed: 11/25/2009, Entered: None
	ORDER: Initial Conference set for 12/10/2009 01:30 PM before Magistrate Judge Michael L. Orenstein.Ordered by Magistrate Judge Michael L. Orenstein on 11/25/2009. (Imrie, Robert) (Entered: 11/30/2009)
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11	Filed: 11/24/2009, Entered: None
	Amended MOTION for Extension of Time to File Response/Reply as to 7 Notice of MOTION to Certify Class -Conditional Certification of an FSLA Collective Action, 9 Memorandum in Support, 8 Affidavit in Support of Motion,, by Almighty Cleaning, Inc., PMCB Cleaning & Maintenance, Inc., Phillip Patanjo. (Somma, Ralph) (Entered: 11/24/2009)
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10	Filed: 11/24/2009, Entered: None
	Letter MOTION for Extension of Time to File Response/Reply as to 7 Notice of MOTION to Certify Class -Conditional Certification of an FSLA Collective Action, 9 Memorandum in Support, 8 Affidavit in Support of Motion,, by Almighty Cleaning, Inc., PMCB Cleaning & Maintenance, Inc., Phillip Patanjo. (Somma, Ralph) (Entered: 11/24/2009)
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9	Filed: 11/19/2009, Entered: None
	MEMORANDUM in Support re 7 Notice of MOTION to Certify Class -Conditional Certification of an FSLA Collective Action filed by Maria Antunez, Norma Reyes, Gissella Rodriguez, Maribel Rodriguez. (Kessler, Troy) (Entered: 11/19/2009)
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8	Filed: 11/19/2009, Entered: None
	AFFIDAVIT/DECLARATION in Support re 7 Notice of MOTION to Certify Class -Conditional Certification of an FSLA Collective Action filed by Maria Antunez, Norma Reyes, Gissella Rodriguez, Maribel Rodriguez. (Attachments: # 1 Exhibit Exhibit 1 - Plaintiffs' Complaint, # 2 Exhibit Exhibit 2 - Defendants' Answer, # 3 Exhibit Exhibit 3 - Affidavit of Maribel Rodriguez, # 4 Exhibit Exhibit 4 - Affidavit of Gissella Rodriguez, # 5 Exhibit Exhibit 5 - Affidavit of Norma Reyes, # 6 Exhibit Exhibit 6 - Affidavit of Maria Antunez, # 7 Exhibit Exhibit 7 - Notices of Pendency and Consent to Join Form) (Kessler, Troy) (Entered: 11/19/2009)
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7	Filed: 11/19/2009, Entered: None
	Notice of MOTION to Certify Class -Conditional Certification of an FSLA Collective Action by Maria Antunez, Norma Reyes, Gissella Rodriguez, Maribel Rodriguez. Responses due by 11/30/2009 (Kessler, Troy) (Entered: 11/19/2009)
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6	Filed: 9/11/2009, Entered: None
	Corporate Disclosure Statement by Almighty Cleaning, Inc., PMCB Cleaning & Maintenance, Inc. (Somma, Ralph) (Entered: 09/11/2009)
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5	Filed: 9/11/2009, Entered: None
	ANSWER to 1 Complaint, by Almighty Cleaning, Inc., PMCB Cleaning & Maintenance, Inc., Phillip Patanjo. (Somma, Ralph) (Entered: 09/11/2009)
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4	Filed: 7/16/2009, Entered: None
	SUMMONS Returned Executed by Maribel Rodriguez, Gissella Rodriguez, Maria Antunez, Norma Reyes. PMCB Cleaning & Maintenance, Inc. served on 7/15/2009, answer due 8/4/2009. (Kessler, Troy) (Entered: 07/16/2009)
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3	Filed: 7/16/2009, Entered: None
	SUMMONS Returned Executed by Maribel Rodriguez, Gissella Rodriguez, Maria Antunez, Norma Reyes. Phillip Patanjo served on 7/15/2009, answer due 8/4/2009. (Kessler, Troy) (Entered: 07/16/2009)
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2	Filed: 7/16/2009, Entered: None
	SUMMONS Returned Executed by Maribel Rodriguez, Gissella Rodriguez, Maria Antunez. Almighty Cleaning, Inc. served on 7/15/2009, answer due 8/4/2009. (Kessler, Troy) (Entered: 07/16/2009)
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1	Filed: 7/14/2009, Entered: None
	COMPLAINT (Receipt #NYEC000577) against Almighty Cleaning, Inc., PMCB Cleaning & Maintenance, Inc., Phillip Patanjo Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Maribel Rodriguez, Gissella Rodriguez, Maria Antunez, Norma Reyes. (Attachments: # 1 Civil Cover Sheet) (Ryan, Mary) (Main Document 1 replaced on 7/14/2009 to add pages not scanned initially) (Ryan, Mary). (Entered: 07/14/2009)
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