Ohr v. MTIL, Inc.
Federal Civil Lawsuit Illinois Northern District Court, Case No. 1:17-cv-02656

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Last Updated February 13, 2019 at 2:12 AM ST (2.2 years ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

No Logo Mr. Peter Sung Ohr, Plaintiff

Toggle Switch Represented by National Labor Relations Board

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED J. Edward Castillo +1 312 353 7586 +1 312 886 1341 edward.castillo@nlrb.gov
ATTORNEY TO BE NOTICED Christina B Hill +1 312 353 7599 christina.hill@nlrb.gov
ATTORNEY TO BE NOTICED, LEAD ATTORNEY Sylvia L. Taylor +1 312 353 7617 sylvia.taylor@nlrb.gov
No Logo MTIL, Inc., Respondent

Toggle Switch Represented by Robbins, Schwartz, Nicholas, Lifton & Taylor, Ltd.

Name Phone Fax E-Mail
TERMINATED: 07/24/2018 Tyler Jon Bohman +1 312 332 7760 tbohman@robbins-schwartz.com

Toggle Switch Represented by Wessels Sherman PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY Walter J. Liszka +1 312 629 9300 waliszka@wesselssherman.com
Citation Section 29 U.S.C. § 160(1)
Nature of Suit 790 - Labor: Other
  Entries (49) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 45 Filed: 7/31/2018, Entered: None Unknown Document Type
MINUTE entry before the Honorable Jeffrey Cole:Motion hearing held. MTIL, Inc. has filed a "Motion for Supplemental Court Order," which asks the court to enter a "Supplemental Order" "sustaining the discharge" of Mr. Frierson by MTIL. But that is precisely what the Memorandum Opinion and Order of 11/14/17 did in great detail. Review of the relevant history of this case is appropriate. On 11/14/17 I issued a Memorandum Opinion and Order in this case, which was originally filed by the NLRB. 25 . See Ohr v. MTIL, Inc., 2017 WL 5444009 (N.D.Ill. 2017). The Opinion and Order explained in detail why the termination of Mr. Frierson's employment by MTIL, Inc. was appropriate, but that the termination of the employment of certain other employees was not. The Memorandum Opinion and Order concluded with an instruction to the parties to submit a Preliminary Injunction "that complies with this Opinion and the requirements of Rule 65(d), Federal Rules of Civil Procedure, within seven days of this Opinion." [25 at 27]. On 12/6/17, I entered an "Order Granting Preliminary 10(j) Injunction" that enjoined and restrained MTIL, Inc. from certain activities specified in paragraphs A through G. The injunction also ordered MTIL, Inc. to take certain specified actions within five days of the Order. See p. 2-3, paragraphs a-d. Since the Memorandum Opinion and Order found that Mr. Frierson's employment at MTIL, Inc. was properly terminated, the Order granting a Preliminary 10(j) Injunction did not require MTIL to do or refrain from doing anything vis-a-vis him. See Rule 65(d). Thus, even if we ignore the fact that the Motion comes eight months after the Memorandum Opinion and Order, the present Motion seeks relief that is at once unnecessary and is not required by or in accord with Rule 65(d). MTIL's Motion is denied.Mailed notice (jms, ) (Entered: 07/31/2018)
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    Legal Document (Payment Possibly Required) 44 Filed: 7/24/2018, Entered: 7/24/2018 Order on Motion to Withdraw
    MINUTE entry before the Honorable Jeffrey Cole:Respondent's motion to withdraw the appearance of Tyler Bohman 40 is granted.Mailed notice (jms, )
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      Legal Document (Payment Possibly Required) 43 Filed: 7/23/2018, Entered: None Unknown Document Type
      NOTICE of Motion by Walter J. Liszka for presentment of motion to supplement 42 before Honorable Jeffrey Cole on 7/31/2018 at 08:30 AM. (Liszka, Walter) (Entered: 07/23/2018)
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        Legal Document (Payment Possibly Required) 42 Filed: 7/23/2018, Entered: 7/23/2018 supplement
        MOTION by Respondent MTIL, Inc. to supplement Motion for Supplemental Order (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Liszka, Walter)
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          Legal Document (Payment Possibly Required) 41 Filed: 7/23/2018, Entered: None Unknown Document Type
          NOTICE of Motion by Walter J. Liszka for presentment of motion to withdraw 40 before Honorable Jeffrey Cole on 7/31/2018 at 08:30 AM. (Liszka, Walter) (Entered: 07/23/2018)
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            Legal Document (Payment Possibly Required) 40 Filed: 7/23/2018, Entered: 7/23/2018 Withdraw
            MOTION by Respondent MTIL, Inc. to withdraw attorney appearance 9 Motion for Leave to Withdraw Appearance of Counsel (Liszka, Walter)
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              Legal Document (Payment Possibly Required) 39 Filed: 7/19/2018, Entered: None Unknown Document Type
              NOTICE OF EMAIL NOTIFICATION FAILURE, for document # 38 sent to Attorney Tyler Jon Bohman returned as: Unknown address error. Mailed to attorney Tyler Jon Bohman a letter re: bounce back email and a Notification of Change of Address form. Notices have been set to No. Counsel must email the Clerks Office at Docketing_ILND@ilnd.uscourts.gov when a Notification of Change of Address has been filed to ensure electronic notification is reset. (jk, ) (Entered: 07/20/2018)
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                Legal Document (Payment Possibly Required) 38 Filed: 7/19/2018, Entered: None Unknown Document TypeCourt Filing
                Administrative Law Judge Decision by Peter Sung Ohr (Attachments: # 1 Exhibit ALJD letter to Court, # 2 Notice of Filing)(Taylor, Sylvia) (Entered: 07/19/2018)
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                  Legal Document (Payment Possibly Required) 37 Filed: 1/24/2018, Entered: None Unknown Document Type
                  MINUTE entry before the Honorable Jeffrey Cole: This will supplement the order of 1/24/18 36 . The Regional Director of Region 13 of the NLRB has filed a Motion "for a Stay of Appeal" 34 in light of "United States Government Cessation." Of course I have no authority to stay an appeal. When one reads on, the Motion requests a "stay of the deadline to file a notice of appeal...." No authority is even referred to which gives me such authority. Of course Rule 4(a)(5) of the Federal Rules of Appellate Procedure gives me authority to extend the time for filing a notice of appeal. The government's motion goes on to say that an extension of time "may be necessary" because the attorneys responsible for the case have "today been furloughed indefinitely as part of a partial shutdown of the federal government due to a lack of appropriated funds...." (Emphasis supplied). But the government shutdown ended -- and did so either immediately before the requested extension or immediately thereafter, the motion having been filed at 10:42 a.m. two days ago. The motion ends with a request for an indefinite extension "until Board attorneys are permitted to resume work." The representation is made or the request that deadlines be extended "commensurate with the lapse in appropriations." But, as we have said, the shutdown ended almost immediately after it began which was a few hours after the Motion was filed. It bears repeating that a notice of appeal is scheduled to be filed in this case on 2/4/18. Today is 1/24/18, which gives the government 10 days to file a notice of appeal. Without some evidentiary substantiation for Mr. Ohr's unsworn and otherwise unelaborated conclusion that the NLRB does not have sufficient appropriations even to file a timely notice of appeal, the NLRB's Motion is denied. [U]nfortunately... saying so doesn't make it so.... United States v. 5443 Suffield Terrace, Skokie, Ill., 607 F.3d 504, 510 (7th Cir.2010). The denial of Mr. Ohr's motion is not based on the petitioner's response 35, and we take no position regarding the allegations in it. Mailed notice (jms, ) (Entered: 01/24/2018)
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                    Legal Document (Payment Possibly Required) 36 Filed: 1/24/2018, Entered: 1/24/2018 Unknown Document Type
                    MINUTE entry before the Honorable Jeffrey Cole:Plaintiff's motion for a stay of appeal 34 is denied. Plaintiff is reminded that compliance with Local Rule 5.2(f) is required for the filing of all documents.Mailed notice (jms, )
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                      Legal Document (Payment Possibly Required) 35 Filed: 1/23/2018, Entered: None Unknown Document Type
                      RESPONSE by MTIL, Inc.in Opposition to MOTION by Plaintiff Peter Sung Ohr for extension of time GOvt Shutdown 1-22-18 34 Respondent's Response to Petitioner's Motion for Stay of Appeal In Light of United States Government Cessation (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Liszka, Walter) (Entered: 01/23/2018)
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                        Legal Document (Payment Possibly Required) 34 Filed: 1/22/2018, Entered: 1/22/2018 Unknown Document Type
                        MOTION by Plaintiff Peter Sung Ohr for extension of time GOvt Shutdown 1-22-18 (Friedheim-Weis, Lisa)
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                          Legal Document (Payment Possibly Required) 33 Filed: 12/8/2017, Entered: None Order
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                            Legal Document (Payment Possibly Required) 33 Filed: 12/6/2017, Entered: None Unknown Document Type
                            ORDER Granting Preliminary 10(J) Injunction Signed by the Honorable Jeffrey Cole on 6th day of December, 2017. Mailed notice (ph, ) (Entered: 12/08/2017)
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                              Legal Document (Payment Possibly Required) 32 Filed: 12/5/2017, Entered: None Unknown Document Type
                              MINUTE entry before the Honorable Jeffrey Cole: Status hearing held. The parties shall submit a revised 10(j) Preliminary Injunction order as agreed to and discussed in open court. The court thanks counsel for agreeing to promptly advise it of the ALJ's decision when it is announced.Mailed notice (jms, ) (Entered: 12/05/2017)
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                                Legal Document (Payment Possibly Required) 31 Filed: 11/28/2017, Entered: None Unknown Document Type
                                LETTER from Walter J. Liszka dated 11/21/2017, with copy of email from Sylvia L. Posey dated 11/20/2017. (ph, ) (Entered: 11/29/2017)
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                                  Legal Document (Payment Possibly Required) 30 Filed: 11/28/2017, Entered: None Unknown Document Type
                                  MINUTE entry before the Honorable Jeffrey Cole: At my request, the petitioner submitted a draft injunction which is captioned incorrectly on the docket as "Proposed Pretrial Order for 10(j) Injunction." 26 . The proposed order is captioned correctly as Proposed Order Granting 10(j) Injunction. The defendant has sent an email to counsel for the NLRB, Region 13 setting forth his comments regarding the proposed injunction. While he has no objection to certain aspects of the injunction, he does have one objection to one area of controversy. A copy of this email will be made part of the record. The matter will be heard on 12/5/17 at 8:30 a.m. (jms, ) (Entered: 11/28/2017)
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                                    Legal Document (Payment Possibly Required) 29 Filed: 11/28/2017, Entered: None Unknown Document Type
                                    MINUTE entry before the Honorable Jeffrey Cole: Counsel for both parties have orally requested by phone that the status date of 11/29/17 at which time the submitted preliminary injunction was to be discussed, be rescheduled to 12/5/17 at 8:30 a. m. The joint oral motion is granted and the case will be heard on 12/5/2017 at 08:30 AM.Mailed notice (jms, ) (Entered: 11/28/2017)
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                                      Legal Document (Payment Possibly Required) 28 Filed: 11/28/2017, Entered: None Unknown Document Type
                                      MINUTE entry before the Honorable Jeffrey Cole: Status hearing is set for 11/29/2017 at 08:30 AM to discuss objections to the proposed preliminary injunction order.Mailed notice (jms, ) (Entered: 11/28/2017)
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                                        Legal Document (Payment Possibly Required) 27 Filed: 11/27/2017, Entered: None Unknown Document Type
                                        MINUTE entry before the Honorable Jeffrey Cole: The draft injunction requested by my order of 11/14/17 25 was submitted. If the defendant has no objection to the order, counsel can call chambers at 312-435-5601 and inform my secretary of that fact. If there are objections or issues with what has been filed 26, counsel for both sides should appear 11/29/17 at 8:30 a.m. to discuss concerns or objections they may have. If that date is not convenient for counsel, they should confer among themselves and call my secretary and inform her of a convenient date.Mailed notice (jms, ) (Entered: 11/27/2017)
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                                          Legal Document (Payment Possibly Required) 26 Filed: 11/21/2017, Entered: None Unknown Document Type
                                          PROPOSED Pretrial Order for 10(j) Injunction (Attachments: # 1 Certificate of Service, # 2 Notice of Filing)(Taylor, Sylvia) (Entered: 11/21/2017)
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                                            Legal Document (Payment Possibly Required) 25 Filed: 11/14/2017, Entered: 11/14/2017 Unknown Document Type
                                            MEMORANDUM Opinion and Order The Motion of the Petitioner for Preliminary Injunction 13 is granted in part and denied in part as explained in the accompanying Memorandum Opinion and Order. Enter Memorandum Opinion and Order. Signed by the Honorable Jeffrey Cole on 11/14/2017:Mailed notice(jms, )
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                                              Legal Document (Payment Possibly Required) 24 Filed: 10/4/2017, Entered: None Unknown Document Type
                                              MINUTE entry before the Honorable Jeffrey Cole:Oral argument held. The parties are directed to contact chambers at 312-435-5601 if there are any developments in the underlying case. The court wishes to extend its thanks to counsel for the parties for their invaluable assistance at the oral argument this morning. The court will rule by mail.Mailed notice (jms, ) (Entered: 10/04/2017)
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                                                Legal Document (Payment Possibly Required) 23 Filed: 9/12/2017, Entered: None Unknown Document Type
                                                MINUTE entry before the Honorable Jeffrey Cole: Status hearing held. Oral argument is set for 10/4/2017 at 09:00 AM.Mailed notice (jms, ) (Entered: 09/12/2017)
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                                                  Legal Document (Payment Possibly Required) 22 Filed: 9/6/2017, Entered: None Unknown Document Type
                                                  REPLY by Plaintiff Peter Sung Ohr REPLY BRIEF IN SUPPORT OF 10 J PETITION (Attachments: # 1 Certificate of Service)(Taylor, Sylvia) (Entered: 09/06/2017)
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                                                    Legal Document (Payment Possibly Required) 21 Filed: 8/21/2017, Entered: None Unknown Document Type
                                                    RESPONSE by Respondent MTIL, Inc. to memorandum 20 Respondent's Brief in Opposition of Petition for Preliminary Injunction Under Section 10(j) (Attachments: # 1 Certificate of Service)(Bohman, Tyler) (Entered: 08/21/2017)
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                                                      Legal Document (Payment Possibly Required) 20 Filed: 7/20/2017, Entered: None Unknown Document Type
                                                      MEMORANDUM by Peter Sung Ohr in Support of 10j Petition (Attachments: # 1 Certificate of Service, # 2 Notice of Filing)(Taylor, Sylvia) (Entered: 07/20/2017)
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                                                        Legal Document (Payment Possibly Required) 19 Filed: 6/20/2017, Entered: None Unknown Document Type
                                                        MINUTE entry before the Honorable Jeffrey Cole: Status hearing held and continued to 9/12/2017 at 08:30 AM at which time the parties will discuss with the court the need or desire for oral argument. Parties report the Administrative Trial was held and completed on 5/11/2017 and expect the ALJ to issue her decision between October and December of 2017. The opening brief is to be filed by 7/20/2017 with the response brief to be filed by 8/21/2017, and the reply, if any, to be filed by 9/6/2017. Mailed notice (jms, ) (Entered: 06/20/2017)
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                                                          Legal Document (Payment Possibly Required) 18 Filed: 5/25/2017, Entered: None Unknown Document Type
                                                          CERTIFIED COPY OF ADMINISTRATIVE RECORD by Plaintiff Peter Sung Ohr Complete Transcript and Exhibits (Attachments: # 1 Transcript Part 2, # 2 Transcript Part 3, # 3 Transcript Part 4, # 4 Notice of Filing Admin Transcript and Exhibits, # 5 General Counsel Exhibits, # 6 Rejected Exhibits, # 7 Respondent Exhibits, # 8 Charging Party Exhibits)(Taylor, Sylvia) (Entered: 05/25/2017)
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                                                            Legal Document (Payment Possibly Required) 17 Filed: 5/4/2017, Entered: None Unknown Document Type
                                                            ANSWER to Complaint Respondent's Answer to Petition for Preliminary Injunction Under Section 10(j) by MTIL, Inc.(Liszka, Walter) (Entered: 05/04/2017)
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                                                              Legal Document (Payment Possibly Required) 16 Filed: 4/26/2017, Entered: 4/26/2017 Unknown Document TypeCourt Filing
                                                              MINUTE entry before the Honorable Jeffrey Cole: Motion hearing held. The Petitioner's Motion to Try Petition for Preliminary Injunction on Basis of the Administrative Law Judge's Hearing Transcript and Exhibits 13 is granted. Nothing in this order shall be interpreted by anyone as an approval of the positions or arguments of either plaintiff or defendant or an approval of what evidence is to be admitted by the arbitrator or of the standards and criteria to be used by the arbitrator in the admission or exclusion of evidence. And nothing in this order is indicative of any view by the court of the merits of the case. The order that the arbitrator ultimately prepares at the close of the evidence will be solely that of the arbitrator. And whatever issues either side deems it appropriate to raise, if any, are not foreclosed by this order. Status hearing is set for 6/20/2017 at 09:00 AM.Mailed notice (jms, )
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                                                                Legal Document (Payment Possibly Required) 15 Filed: 4/20/2017, Entered: None Unknown Document Type
                                                                TRIAL Brief in Support of Motion to Try 10(j) Petition on Basis of ALJ Transcript by Peter Sung Ohr (Castillo, J.) (Entered: 04/20/2017)
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                                                                  Legal Document (Payment Possibly Required) 14 Filed: 4/20/2017, Entered: None Unknown Document Type
                                                                  NOTICE of Motion by J. Edward Castillo for presentment of motion for preliminary injunction 13 before Honorable Jeffrey Cole on 4/26/2017 at 09:00 AM. (Castillo, J.) (Entered: 04/20/2017)
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                                                                    Legal Document (Payment Possibly Required) 13 Filed: 4/20/2017, Entered: 4/20/2017 Unknown Document Type
                                                                    MOTION by Plaintiff Peter Sung Ohr for preliminary injunction To Try 10(j) Petition on Basis of ALJ Transcript (Castillo, J.)
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                                                                      Legal Document (Payment Possibly Required) 12 Filed: 4/20/2017, Entered: None Unknown Document Type
                                                                      ORDER REASSIGNING Case to the Honorable Jeffrey Cole, pursuant to Local Rule 73.1(B) for all further proceedings, parties having consented to the reassignment. Honorable Amy J. St. Eve no longer assigned to the case. Signed by Honorable Amy J. St. Eve on 4/20/17. (kp, ) (Entered: 04/20/2017)
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                                                                        Legal Document (Payment Possibly Required) 11 Filed: 4/20/2017, Entered: None Unknown Document Type
                                                                        MINUTE entry before the Honorable Amy J. St. Eve: Parties having consented to the jurisdiction of the magistrate judge, status hearing set for 5/11/17 is stricken. Reassignment order to follow shortly. Mailed notice (kef, ) (Entered: 04/20/2017)
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                                                                          Legal Document (Payment Possibly Required) 10 Filed: 4/19/2017, Entered: None Unknown Document TypeCourt Filing
                                                                          JOINT CONSENT to Exercise of Jurisdiction by a United States Magistrate Judge (Castillo, J.) (Entered: 04/19/2017)
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                                                                            Legal Document (Payment Possibly Required) 9 Filed: 4/19/2017, Entered: None Unknown Document Type
                                                                            ATTORNEY Appearance for Respondent MTIL, Inc. by Tyler Jon Bohman (Bohman, Tyler) (Entered: 04/19/2017)
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                                                                              Legal Document (Payment Possibly Required) 8 Filed: 4/19/2017, Entered: None Unknown Document Type
                                                                              ATTORNEY Appearance for Respondent MTIL, Inc. by Walter J. Liszka (Liszka, Walter) (Entered: 04/19/2017)
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                                                                                Legal Document (Payment Possibly Required) 7 Filed: 4/10/2017, Entered: None Unknown Document Type
                                                                                MINUTE entry before the Honorable Amy J. St. Eve: Status hearing set for 5/11/2017 at 08:30 AM in courtroom 1241. Mailed notice (kef, ) (Entered: 04/10/2017)
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                                                                                  Legal Document (Payment Possibly Required) 6 Filed: 4/7/2017, Entered: None Unknown Document Type
                                                                                  ATTORNEY Appearance for Plaintiff Peter Sung Ohr by J. Edward Castillo (Castillo, J.) (Entered: 04/07/2017)
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                                                                                    Legal Document (Payment Possibly Required) 5 Filed: 4/7/2017, Entered: None Unknown Document Type
                                                                                    ATTORNEY Appearance for Plaintiff Peter Sung Ohr by Christina B Hill (Hill, Christina) (Entered: 04/07/2017)
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                                                                                      Legal Document (Payment Possibly Required) 4 Filed: 4/7/2017, Entered: None Unknown Document Type
                                                                                      ATTORNEY Appearance for Plaintiff Peter Sung Ohr by Sylvia L. Taylor Sylvia L. Posey (Taylor, Sylvia) (Entered: 04/07/2017)
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                                                                                        Legal Document (Payment Possibly Required) 3 Filed: 4/7/2017, Entered: None Unknown Document Type
                                                                                        CERTIFICATE of Service by Plaintiff Peter Sung Ohr regarding complaint 1 10(j) Petition (Taylor, Sylvia) (Entered: 04/07/2017)
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                                                                                          Legal Document (Payment Possibly Required) 2 Filed: 4/7/2017, Entered: None Unknown Document Type
                                                                                          CIVIL Cover Sheet (Taylor, Sylvia) (Entered: 04/07/2017)
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                                                                                            Legal Document (Payment Possibly Required) 1 Filed: 4/7/2017, Entered: 4/7/2017 Unknown Document Type
                                                                                            COMPLAINT 10(j) Petition filed by Peter Sung Ohr; (Attachments: # 1 Exhibit A-C)(Taylor, Sylvia)
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                                                                                              Legal Document (Payment Possibly Required)  Filed: 1/24/2018, Entered: None Unknown Document Type
                                                                                              ***Civil Case Terminated. (jms, )
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                                                                                              Legal Document (Payment Possibly Required)  Filed: 4/7/2017, Entered: None Unknown Document Type
                                                                                              CASE ASSIGNED to the Honorable Amy J. St. Eve. Designated as Magistrate Judge the Honorable Jeffrey Cole.
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                                                                                                Legal Document (Payment Possibly Required)  Filed: 4/7/2017, Entered: None Unknown Document Type
                                                                                                SUMMONS Issued as to Respondent MTIL, Inc. (kms)
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