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Filed: 4/22/2019, Entered: 4/22/2019 |
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ORDER DISMISSING CASE: Per the notice at document number 30 , the action is voluntarily dismissed with prejudice and the motion for attorney's fees is withdrawn. The Clerk of Court is directed to close the case. Ordered by Judge Roslynn R. Mauskopf on 4/22/2019. (Taronji, Robert)
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 30 |
Filed: 4/15/2019, Entered: 4/15/2019 |
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NOTICE of Voluntary Dismissal by 507ECE1 with Prejudice and Withdrawal of Motion for Attorneys' Fees and Expenses (Toomey, Michael)
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 Request |
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Filed: 3/29/2019, Entered: 3/29/2019 |
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ORDER: The motion for discovery 29 is denied. Plaintiff's motion for attorney's fees does not require nor necessitate discovery into the attorney's fees of Defendant. The fact that Defendant used counsel from another district is irrelevant to the ordinary rate that would be awarded in this District or that would be awarded in this case. It appears that, rather than provide the fee and costs records from their own files, Plaintiff's counsel are attempting to justify their fees and their facially deficient fees application through the records of Defendant. Discovery in this case has closed. "A request for attorney's fees should not result in a second major litigation." Hensley v. Eckerhart, 461 U.S. 424, 437 (1983). Such insight is irrelevant to Plaintiff's application. "The amount of hours that is needed by one side to prepare adequately may differ substantially from that for opposing counsel, since the nature of the work may vary dramatically. The case may have far greater precedential value to one side than the other." Johnson v. Univ. Coll. of Univ. of Ala. in Birmingham, 706 F.2d 1205, 1208 (11th Cir. 1983); Samuel v. Univ. of Pittsburgh, 80 F.R.D. 293, 294 (W.D. Pa. 1978) ("In the instant case, since defense counsel are not pursuing a claim for counsel fees, it would be highly inappropriate to sanction plaintiffs' request. In our judgment, the number of hours required by opposing counsel to defend a claim has little relevance to the reasonableness of the number of hours which plaintiffs' counsel devoted to pursuing a cause of action on behalf of a plaintiff in a given case."). None of the cases cited by Plaintiff support the discovery sought. That is, none of the cases involve discovery into fees and did not authorize discovery into the opposing counsel's rates or fees. The cases appear to be cited as an attempt to argue that this Court should utilize rates from another district in this case. The Court has already indicated what rates are customary in cases in this District. To the extent Plaintiff wants to argue that a deviation from the practice of using the ordinary fees ranges used in this District is appropriate, she may do so in her briefs. Discovery is unnecessary to such an argument. "By considering reasonable local rates and the nature of the case, the court will be able to decide plaintiff's fee request without the defense information." Canlas v. Eskanos & Adler, P.C., No. C05-375, 2006 WL 3227873, at *1 (N.D. Cal. Nov. 7, 2006). Because the Court finds discovery inappropriate, it enters a protective order and finds that Defendants do not have to answer the discovery already served. In addition, a two month extension of time is unnecessary for a fee application. The deadline to file a renewed fee application is extended by two weeks to April 22, 2019. Defendant must file any opposition by May 6, 2019. So Ordered by Magistrate Judge Sanket J. Bulsara on 3/29/2019. (Silberstein, Hope)
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| 29 |
Filed: 3/28/2019, Entered: 3/28/2019 |
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Letter MOTION for Discovery Concerning Renewed Application for Fee and Cost Recovery, Letter MOTION for Extension of Time to File Renewed Application for Fee and Cost Recovery by 507ECE1. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2) (Toomey, Michael)
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Request |
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| 28 |
Filed: 3/7/2019, Entered: 3/7/2019 |
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ORDER: For the reasons stated in the attached Order, the motion for attorney's fees 27 is denied without prejudice. The Court grants leave for Plaintiff to make a renewed application for fees and costs consistent with this Order, which must be filed by April 8, 2019. Defendant must file any opposition to such an application by April 22, 2019. So Ordered by Magistrate Judge Sanket J. Bulsara on 3/7/2019. (Silberstein, Hope)
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Request |
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| 27 |
Filed: 3/22/2018, Entered: 3/22/2018 |
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MOTION for Attorney Fees by 507ECE1. (Attachments: # 1 Memorandum in Support Plaintiff's Opening Memorandum in Support, # 2 Declaration Arnold Gershon Declaration in Support, # 3 Exhibit Exhibit A to Gershon Declaration, # 4 Exhibit Exhibit B to Gershon Declaration, # 5 Exhibit Exhibit C to Gershon Declaration, # 6 Exhibit Exhibit D to Gershon Declaration, # 7 Exhibit Exhibit E to Gershon Declaration, # 8 Exhibit Exhibit F to Gershon Declaration, # 9 Exhibit Exhibit G to Gershon Declaration, # 10 Exhibit Exhibit H to Gershon Declaration, # 11 Exhibit Exhibit I to Gershon Declaration, # 12 Exhibit Exhibit J to Gershon Declaration, # 13 Memorandum in Opposition Defendant's Memorandum in Opposition, # 14 Memorandum in Support Plaintiff's Reply Memorandum in Support) (Toomey, Michael)
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Request |
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Filed: 2/15/2018, Entered: 2/15/2018 |
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ORDER: The parties' stipulation and proposed order ( 26 ) is approved. The plaintiff is to serve her motion on or before February 16, 2018. The defendant is to serve its opposition on or before March 9, 2018. The plaintiff is to serve her reply, if any, and file the entire set of the parties' motion papers on ECF on or before March 23, 2018. Ordered by Judge Roslynn R. Mauskopf on 2/15/2018. (Zhu, Angela)
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| 26 |
Filed: 1/25/2018, Entered: 1/25/2018 |
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Proposed Scheduling Order by 1-800 Flowers.Com, Inc. (Januszewski, David)
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Request |
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| 25 |
Filed: 1/22/2018, Entered: 1/22/2018 |
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STATUS REPORT re:January 11, 2018 Order by 507ECE1 (Toomey, Michael)
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Request |
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Filed: 1/11/2018, Entered: 1/11/2018 |
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ORDER: Plaintiff shall advise the Court whether she wishes to pursue the relief sought in her letter at Doc. No. 23 . If so, defendant shall confer with opposing counsel and submit a briefing schedule for court approval. Ordered by Judge Roslynn R. Mauskopf on 1/11/2018. (Taronji, Robert)
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Filed: 9/1/2017, Entered: 9/1/2017 |
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Case Reassigned to Magistrate Judge Sanket J. Bulsara. Magistrate Judge Roanne L. Mann no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Marziliano, August)
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| 24 |
Filed: 2/27/2017, Entered: 2/27/2017 |
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Letter in response to the February 24, 2017 letter filed by Plaintiff 507ECE1 by 1-800 Flowers.Com, Inc. (Januszewski, David)
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Request |
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| 23 |
Filed: 2/24/2017, Entered: 2/24/2017 |
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Letter request for a pre-motion conference by 507ECE1 (Toomey, Michael)
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Request |
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Filed: 1/27/2017, Entered: 1/27/2017 |
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ORDER: The schedule set forth in the parties' stipulation 22 is hereby adopted. Ordered by Judge Roslynn R. Mauskopf on 1/27/2017. (Reck, Nickolas)
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| 22 |
Filed: 1/26/2017, Entered: 1/26/2017 |
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Letter and stipulation by 1-800 Flowers.Com, Inc. (Januszewski, David)
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Request |
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Filed: 12/19/2016, Entered: 12/19/2016 |
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ORDER: The schedule set forth in the parties' stipulation 21 is hereby adopted. Ordered by Judge Roslynn R. Mauskopf on 12/19/2016. (Bennek, Rachel)
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| 21 |
Filed: 12/15/2016, Entered: 12/15/2016 |
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Letter regarding response to Complaint by 1-800 Flowers.Com, Inc. (Hall, Jason)
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Request |
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| 20 |
Filed: 12/2/2016, Entered: 12/2/2016 |
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CORRECTED MEMORANDUM AND ORDER adding date and signature. Ordered by Judge Roslynn R. Mauskopf on 12/2/2016. (Bennek, Rachel)
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Request |
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| 19 |
Filed: 12/2/2016, Entered: 12/2/2016 |
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MEMORANDUM AND ORDER memorializing the Court's ruling denying plaintiff's motion for a preliminary injuction. Ordered by Judge Roslynn R. Mauskopf on 12/2/2016. (Bennek, Rachel)
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Request |
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Filed: 12/1/2016, Entered: 12/1/2016 |
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Minute Entry for proceedings held before Judge Roslynn R. Mauskopf: Show Cause Hearing held on 12/1/2016. Michael Toomey and Arnold Gershon for plaintiff. David Januszewski and Sesi Garimella for the defendant. For the reasons stated on the record, the Court denies plaintiff's request for injunctive relief. The Court So Orders the stipulation at 18 , setting the briefing schedule for defendant's motion to dismiss. (Court Reporter Stacy Mace) (Taronji, Robert)
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| 18 |
Filed: 11/30/2016, Entered: 11/30/2016 |
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Letter by 1-800 Flowers.Com, Inc. (Hall, Jason)
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Request |
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| 17 |
Filed: 11/29/2016, Entered: 11/29/2016 |
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DECLARATION re 7 Order to Show Cause,, in Further Support of Preliminary Injunction by 507ECE1 (Toomey, Michael)
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Request |
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| 16 |
Filed: 11/29/2016, Entered: 11/29/2016 |
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REPLY in Support re 7 Order to Show Cause,, filed by 507ECE1. (Toomey, Michael)
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Request |
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| 15 |
Filed: 11/23/2016, Entered: 11/23/2016 |
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DECLARATION re 14 Memorandum in Opposition of Johnathan R.L. Sharkey by 1-800 Flowers.Com, Inc. (Januszewski, David)
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Request |
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| 14 |
Filed: 11/23/2016, Entered: 11/23/2016 |
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MEMORANDUM in Opposition to Plaintiff's Motion for Preliminary Injunction brought on by Order to Show Cause filed by 1-800 Flowers.Com, Inc.. (Januszewski, David)
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Request |
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| 13 |
Filed: 11/22/2016, Entered: 11/22/2016 |
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NOTICE of Appearance by Sesi V. Garimella on behalf of 1-800 Flowers.Com, Inc. (aty to be noticed) (Garimella, Sesi)
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Request |
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| 12 |
Filed: 11/22/2016, Entered: 11/22/2016 |
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NOTICE of Appearance by Johnathan Robert Luttkus Sharkey on behalf of 1-800 Flowers.Com, Inc. (aty to be noticed) (Sharkey, Johnathan)
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Request |
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Filed: 11/17/2016, Entered: 11/17/2016 |
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ORDER granting 11 Motion for Extension of Time to File Response/Reply: Defendant's opposition shall be filed by November 23, 2016, and plaintiff's reply shall be filed by November 29, 2016. The hearing on the motion shall be held on December 1, 2016 at 10:00 a.m. as previously scheduled. Ordered by Judge Roslynn R. Mauskopf on 11/17/2016. (Mauskopf, Roslynn)
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| 11 |
Filed: 11/17/2016, Entered: 11/17/2016 |
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Letter MOTION for Extension of Time to File Response/Reply to Order to Show Cause on consent by 1-800 Flowers.Com, Inc.. (Januszewski, David)
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Request |
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| 10 |
Filed: 11/17/2016, Entered: 11/17/2016 |
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NOTICE of Appearance by Jason M. Hall on behalf of 1-800 Flowers.Com, Inc. (aty to be noticed) (Hall, Jason)
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Request |
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| 9 |
Filed: 11/17/2016, Entered: 11/17/2016 |
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NOTICE of Appearance by David G. Januszewski on behalf of 1-800 Flowers.Com, Inc. (aty to be noticed) (Januszewski, David)
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Request |
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| 8 |
Filed: 11/11/2016, Entered: 11/11/2016 |
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SUMMONS Returned Executed by 507ECE1. 1-800 Flowers.Com, Inc. served on 11/11/2016, answer due 12/2/2016. (Toomey, Michael)
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Request |
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| 7 |
Filed: 11/10/2016, Entered: 11/10/2016 |
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ORDER TO SHOW CAUSE: It is Ordered that defendant show cause before this Court at Courtroom 6A South on 12/1/2016 at 10:00 AM; that defendant will serve and file its opposition papers by 11/18/2016; that plaintiff will serve and file her reply papers by 5:00 PM on 11/23/2016; and that personal service of a copy of this order, annexed declaration, memorandum of law and the summons and complaint in this action upon the registered agent of Flowers - The Corporation Trust Company. Corporation Trust Center 1209 Orange St. Wilmington, DE 19801, on or before 5:00 PM 11/11/2016. Ordered by Judge Roslynn R. Mauskopf on 11/10/2016. (Taronji, Robert)
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Request |
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| 6 |
Filed: 11/10/2016, Entered: 11/10/2016 |
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In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly)
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Request |
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| 5 |
Filed: 11/10/2016, Entered: 11/10/2016 |
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DECLARATION of Micheal A. Toomey by 507ECE1 (Davis, Kimberly)
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Request |
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| 4 |
Filed: 11/10/2016, Entered: 11/10/2016 |
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MEMORANDUM in Support filed by 1-800 Flowers.Com, Inc.. (Davis, Kimberly)
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Request |
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| 3 |
Filed: 11/10/2016, Entered: 11/10/2016 |
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Unsigned Order to Show Cause by 507ECE1 (Davis, Kimberly)
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Request |
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Filed: 11/10/2016, Entered: 11/10/2016 |
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FILING FEE: $ 400, receipt number 4653108109 (Davis, Kimberly)
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| 2 |
Filed: 11/10/2016, Entered: 11/10/2016 |
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Summons Issued as to 1-800 Flowers.Com, Inc.. (Davis, Kimberly).
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Request |
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| 1 |
Filed: 11/10/2016, Entered: 11/10/2016 |
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COMPLAINT against 1-800 Flowers.Com, Inc., filed by 507ECE1. (Attachments: # 1 Civil Cover Sheet) (Davis, Kimberly)
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Request |
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