Delevin et al v. Holteen et al

Federal Civil Lawsuit Arizona District Court, Case No. 4:12-cv-00118
District Judge Frank R Zapata, presiding
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District Judge Frank R Zapata
Last Updated August 26, 2017 at 1:40 AM EDT (7.6 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Anthony J Delevin, Plaintiff

Represented by gflsfamily.org Law Firm Placeholder

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Celinas Ruth +1 520 398 3388 +1 760 418 4387 celinas@gflsfamily.org

Represented by mlhertzberg.com Law Firm Placeholder

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Michael Lee Hertzberg +1 212 982 9870 +1 212 674 4614 mlh@mlhertzberg.com

Represented by PICCARRETA & DAVIS PC

Name Phone Fax E-Mail
TERMINATED: 09/02/2015, LEAD ATTORNEY, ATTORNEY TO BE NOTICED Michael L Piccarreta +1 520 622 6900 +1 520 622 0521 mlp@pd-law.com

Represented by Rabinowitz, Boudin, Standard, Krinsky & Liberman, PC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Christopher Jules Klatell +1 212 254 1111 +1 212 647 4614 cklatell@rbskl.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Eric M. Lieberman +1 212 254 1111 +1 212 674 4614 elieberman@rbskl.com
No Logo Daniel Steinhardt, Plaintiff

Represented by gflsfamily.org Law Firm Placeholder

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Celinas Ruth +1 520 398 3388 +1 760 418 4387 celinas@gflsfamily.org

Represented by mlhertzberg.com Law Firm Placeholder

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Michael Lee Hertzberg +1 212 982 9870 +1 212 674 4614 mlh@mlhertzberg.com

Represented by PICCARRETA & DAVIS PC

Name Phone Fax E-Mail
TERMINATED: 09/02/2015, LEAD ATTORNEY, ATTORNEY TO BE NOTICED Michael L Piccarreta +1 520 622 6900 +1 520 622 0521 mlp@pd-law.com

Represented by Rabinowitz, Boudin, Standard, Krinsky & Liberman, PC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Christopher Jules Klatell +1 212 254 1111 +1 212 647 4614 cklatell@rbskl.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Eric M. Lieberman +1 212 254 1111 +1 212 674 4614 elieberman@rbskl.com
No Logo Shannon Leigh Plyler, Plaintiff

Represented by gflsfamily.org Law Firm Placeholder

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Celinas Ruth +1 520 398 3388 +1 760 418 4387 celinas@gflsfamily.org

Represented by mlhertzberg.com Law Firm Placeholder

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Michael Lee Hertzberg +1 212 982 9870 +1 212 674 4614 mlh@mlhertzberg.com

Represented by PICCARRETA & DAVIS PC

Name Phone Fax E-Mail
TERMINATED: 09/02/2015, LEAD ATTORNEY, ATTORNEY TO BE NOTICED Michael L Piccarreta +1 520 622 6900 +1 520 622 0521 mlp@pd-law.com

Represented by Rabinowitz, Boudin, Standard, Krinsky & Liberman, PC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Christopher Jules Klatell +1 212 254 1111 +1 212 647 4614 cklatell@rbskl.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Eric M. Lieberman +1 212 254 1111 +1 212 674 4614 elieberman@rbskl.com
No Logo Stacey Luther-Myszka, Plaintiff

Represented by gflsfamily.org Law Firm Placeholder

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Celinas Ruth +1 520 398 3388 +1 760 418 4387 celinas@gflsfamily.org

Represented by mlhertzberg.com Law Firm Placeholder

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Michael Lee Hertzberg +1 212 982 9870 +1 212 674 4614 mlh@mlhertzberg.com

Represented by PICCARRETA & DAVIS PC

Name Phone Fax E-Mail
TERMINATED: 09/02/2015, LEAD ATTORNEY, ATTORNEY TO BE NOTICED Michael L Piccarreta +1 520 622 6900 +1 520 622 0521 mlp@pd-law.com

Represented by Rabinowitz, Boudin, Standard, Krinsky & Liberman, PC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Christopher Jules Klatell +1 212 254 1111 +1 212 647 4614 cklatell@rbskl.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Eric M. Lieberman +1 212 254 1111 +1 212 674 4614 elieberman@rbskl.com
v.
No Logo Ballantine Communications Incorporated, Defendant

Represented by Levine Sullivan Koch & Schulz, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Thomas B. Kelley +1 303 376 2400 +1 303 376 2401 tkelley@lskslaw.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Steven David Zansberg +1 303 376 2400 +1 303 376 2401 szansberg@lskslaw.com
No Logo Durango Herald, Inc., Defendant
Officially listed as "Durango Herald Incorporated"

Represented by Levine Sullivan Koch & Schulz, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Thomas B. Kelley +1 303 376 2400 +1 303 376 2401 tkelley@lskslaw.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Steven David Zansberg +1 303 376 2400 +1 303 376 2401 szansberg@lskslaw.com
No Logo Ted Holteen, Defendant

Represented by Levine Sullivan Koch & Schulz, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Thomas B. Kelley +1 303 376 2400 +1 303 376 2401 tkelley@lskslaw.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Steven David Zansberg +1 303 376 2400 +1 303 376 2401 szansberg@lskslaw.com
Attributes
Citation Section 28 U.S.C. § 1332
Nature of Suit 360 - Personal Injury: Other
Timeline
  Entries (81) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 81 Filed: 7/19/2017, Entered: None Unknown Document Type
DECLARATION of Steven D. Zansberg re: 72 MOTION for Attorney Fees . filed by Ballantine Communications Incorporated, Durango Herald Incorporated, Ted Holteen. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Zansberg, Steven) (Entered: 07/19/2017)
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Legal Document (Payment Possibly Required) 80 Filed: 7/19/2017, Entered: None Unknown Document Type
REPLY to Response to Motion re: 72 MOTION for Attorney Fees filed by Ballantine Communications Incorporated, Durango Herald Incorporated, Ted Holteen. (Zansberg, Steven) (Entered: 07/19/2017)
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Legal Document (Payment Possibly Required) 79 Filed: 7/13/2017, Entered: None Unknown Document Type
STIPULATION for Extension of Time by Ballantine Communications Incorporated, Durango Herald Incorporated, Ted Holteen. (Attachments: # 1 Text of Proposed Order proposed Order)(Zansberg, Steven) (Entered: 07/13/2017)
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Blank 78 Filed: 7/6/2017, Entered: None Unknown Document Type
RESPONSE in Opposition re: 72 MOTION for Attorney Fees filed by Anthony J Delevin, Stacey Luther-Myszka, Shannon Leigh Plyler, Daniel Steinhardt. (Ruth, Celinas) (Entered: 07/07/2017)
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Legal Document (Payment Possibly Required) 77 Filed: 6/13/2017, Entered: None Unknown Document TypeCourt Filing
ORDER pursuant to 76 Stipulation for Extension of Time; Plaintiffs shall file their response to the Defendant's Motion for Entry of Mandatory Attorneys' Fees on Appeal Pursuant to Colorado Law on or before July 6, 2017. Signed by Senior Judge Frank R Zapata on 6/12/2017. (DPS) (Entered: 06/13/2017)
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Legal Document (Payment Possibly Required) 76 Filed: 6/4/2017, Entered: None Unknown Document Type
STIPULATION to Extend Response Time by Anthony J Delevin, Stacey Luther-Myszka, Shannon Leigh Plyler, Daniel Steinhardt. (Attachments: # 1 Text of Proposed Order)(Ruth, Celinas) (Entered: 06/04/2017)
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Legal Document (Payment Possibly Required) 75 Filed: 5/23/2017, Entered: None Unknown Document Type
DECLARATION of David J. Bodney re: 72 MOTION for Attorney Fees , 73 Memorandum by Defendants Ballantine Communications Incorporated, Durango Herald Incorporated, Ted Holteen. (Attachments: # 1 Exhibit Exhibit A to the Declaration of D. Bodney)(Zansberg, Steven) (Entered: 05/23/2017)
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Legal Document (Payment Possibly Required) 74 Filed: 5/23/2017, Entered: None Unknown Document Type
DECLARATION of Steven D. Zansberg re: 72 MOTION for Attorney Fees , 73 Memorandum by Defendants Ballantine Communications Incorporated, Durango Herald Incorporated, Ted Holteen. (Attachments: # 1 Exhibit Exhibit A to the Declaration of S. Zansberg, # 2 Exhibit Exhibit B to the Declaration of S. Zansberg, # 3 Exhibit Exhibit C to the Declaration of S. Zansberg, # 4 Exhibit Exhibit D to the Declaration of S. Zansberg, # 5 Exhibit Exhibit E to the Declaration of S. Zansberg)(Zansberg, Steven) (Entered: 05/23/2017)
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Legal Document (Payment Possibly Required) 73 Filed: 5/23/2017, Entered: None Unknown Document Type
MEMORANDUM of Points and Authorities in Support of 72 MOTION for Attorney Fees by Defendants Ballantine Communications Incorporated, Durango Herald Incorporated, Ted Holteen. (Zansberg, Steven) (Entered: 05/23/2017)
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Blank 72 Filed: 5/23/2017, Entered: None Unknown Document Type
MOTION for Attorney Fees by Ballantine Communications Incorporated, Durango Herald Incorporated, Ted Holteen. (Attachments: # 1 Affidavit Recitation of Oral Fee Agreement, # 2 Affidavit Statement of Consultation, # 3 Text of Proposed Order Proposed Order)(Zansberg, Steven) (Entered: 05/23/2017)
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Legal Document (Payment Possibly Required) 71 Filed: 5/12/2017, Entered: None Unknown Document Type
ORDER of USCA re: 57 Notice of Appeal. Appellees' motion to transfer consideration of attorney's fees on appeal to the district court is granted. (KAH) (Entered: 05/15/2017)
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Legal Document (Payment Possibly Required) 70 Filed: 5/9/2017, Entered: None Unknown Document Type
MANDATE of USCA re: 66 Notice of Appeal filed by Stacey Luther-Myszka, Shannon Leigh Plyler, Daniel Steinhardt, Anthony J Delevin. AFFIRMED. (Attachments: # 1 Memorandum, # 2 NDA)(BAR) (Entered: 05/09/2017)
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Legal Document (Payment Possibly Required) 69 Filed: 5/8/2017, Entered: None Unknown Document Type
MANDATE of USCA re: 57 Notice of Appeal filed by Stacey Luther-Myszka, Shannon Leigh Plyler, Daniel Steinhardt, Anthony J Delevin. AFFIRMED. (Attachments: # 1 Memorandum, # 2 NDA)(BAR) Modified on 5/9/2017 (BAR). (Entered: 05/09/2017)
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Legal Document (Payment Possibly Required) 68 Filed: 5/10/2016, Entered: None Unknown Document Type
TIME SCHEDULE ORDER of USCA re: 66 Notice of Appeal. (KAH) (Entered: 05/11/2016)
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Legal Document (Payment Possibly Required) 67 Filed: 5/10/2016, Entered: None Unknown Document Type
USCA Case Number re: 66 Notice of Appeal. Case number 16-15850, 9th CCA. (KAH) (Entered: 05/11/2016)
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Legal Document (Payment Possibly Required) 66 Filed: 5/9/2016, Entered: None Unknown Document Type
NOTICE OF APPEAL to 9th Circuit Court of Appeals re: 65 Order on Motion for Attorney Fees by Anthony J Delevin, Stacey Luther-Myszka, Shannon Leigh Plyler, Daniel Steinhardt. Filing fee received: $ 505.00, receipt number 0970-12945300. (Attachments: # 1 Representation Statement)(Ruth, Celinas) (Entered: 05/09/2016)
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Legal Document (Payment Possibly Required) 65 Filed: 4/26/2016, Entered: None Unknown Document TypeCourt Filing
ORDER granting in part and denying in part 53 Defendants' Motion for Motion for Entry of Mandatory Attorneys Fees Award Pursuant to Colorado Law. Defendants are awarded the amount of $87,436.50 as and for attorneys' fees incurred in prosecuting their motion to dismiss. Defendants' request for an award of an additional $21,300.50 in attorneys' fees incurred in prosecuting their motion for an award of attorneys' fees is denied. Signed by Senior Judge Frank R Zapata on 4/26/2016. (KEP) (Entered: 04/26/2016)
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Legal Document (Payment Possibly Required) 64 Filed: 10/8/2015, Entered: None Unknown Document Type
REPLY to Response to Motion re: 53 MOTION for Attorney Fees filed by Ballantine Communications Incorporated, Durango Herald Incorporated, Ted Holteen. (Attachments: # 1 Supplement Supplemental Declaration of Steven D. Zansberg in Support of Defendants' Motion for Attorney's Fees, # 2 Exhibit Exhibit F to Supplemental Declaration of Steven D. Zansberg, # 3 Exhibit Exhibit G to Supplemental Declaration of Steven D. Zansberg, # 4 Exhibit Exhibit H to Supplemental Declaration of Steven D. Zansberg)(Zansberg, Steven) (Entered: 10/08/2015)
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Legal Document (Payment Possibly Required) 63 Filed: 10/1/2015, Entered: None Unknown Document Type
*RESPONSE in Opposition re: 53 MOTION for Attorney Fees filed by Anthony J Delevin, Shannon Leigh Plyler, Daniel Steinhardt, Stacey Luther-Myszka. (Ruth, Celinas) *Modified to correct filer(s) on 10/1/2015 (KEP). (Entered: 10/01/2015)
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Legal Document (Payment Possibly Required) 62 Filed: 9/3/2015, Entered: None Unknown Document Type
TIME SCHEDULE ORDER of USCA re: 57 Notice of Appeal filed by Stacey Luther-Myszka, Shannon Leigh Plyler, Daniel Steinhardt, Anthony J Delevin. (BAC) (Entered: 09/04/2015)
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Legal Document (Payment Possibly Required) 61 Filed: 9/3/2015, Entered: None Unknown Document Type
USCA Case Number re: 57 Notice of Appeal. Case number 15-16765, 9th CCA. (BAC) (Entered: 09/04/2015)
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Legal Document (Payment Possibly Required) 60 Filed: 9/2/2015, Entered: None Unknown Document TypeCourt Filing
ORDER granting 59 Motion to Substitute Attorney. IT IS HEREBY ORDERED that Celinas Ruth, Esq., of Global Family Legal Services, is substituted as attorney of record on behalf of Plaintiffs Anthony J Delevin, Stacey Luther-Myszka, Shannon Leigh Plyler, and Daniel Steinhardt. Attorney Michael L. Piccarreta, Esq. with the law firm of Piccarreta Davis PC is withdrawn as attorney of record. Signed by Senior Judge Frank R Zapata on 9/2/2015. (KEP) (Entered: 09/02/2015)
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Legal Document (Payment Possibly Required) 59 Filed: 9/2/2015, Entered: None Unknown Document Type
First MOTION to Substitute Attorney (Application for Substitution of Counsel) by Anthony J Delevin, Stacey Luther-Myszka, Shannon Leigh Plyler, Daniel Steinhardt. (Attachments: # 1 Exhibit Consent to Substitution of Counsel, # 2 Exhibit Consent to Substitution of Counsel, # 3 Exhibit Consent to Substitution of Counsel, # 4 Exhibit Consent to Substitution of Counsel, # 5 Text of Proposed Order)(Piccarreta, Michael) (Entered: 09/02/2015)
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Legal Document (Payment Possibly Required) 58 Filed: 9/2/2015, Entered: None Unknown Document Type
REPRESENTATION STATEMENT by Anthony J Delevin, Stacey Luther-Myszka, Shannon Leigh Plyler, Daniel Steinhardt re: 57 Notice of Appeal. (Piccarreta, Michael) (Entered: 09/02/2015)
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Legal Document (Payment Possibly Required) 57 Filed: 9/2/2015, Entered: None Unknown Document Type
NOTICE OF APPEAL to 9th Circuit Court of Appeals re: 50 Clerks Judgment by Anthony J Delevin, Stacey Luther-Myszka, Shannon Leigh Plyler, Daniel Steinhardt. Filing fee received: $ 505.00, receipt number 0970-12072019. (Attachments: # 1 Appeal Information Representation Statement)(Piccarreta, Michael) (Entered: 09/02/2015)
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Legal Document (Payment Possibly Required) 56 Filed: 8/31/2015, Entered: None Unknown Document Type
DECLARATION of David J. Bodney re: 53 MOTION for Attorney Fees . filed by Ballantine Communications Incorporated, Durango Herald Incorporated, Ted Holteen. (Attachments: # 1 Exhibit A (Ballard Spahr Biography))(Zansberg, Steven) (Entered: 08/31/2015)
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Blank 55 Filed: 8/31/2015, Entered: None Unknown Document Type
DECLARATION of Steven D. Zansberg re: 53 MOTION for Attorney Fees . filed by Ballantine Communications Incorporated, Durango Herald Incorporated, Ted Holteen. (Attachments: # 1 Exhibit A (LSKS Biography - Thomas B. Kelley), # 2 Exhibit B (LSKS Biography - Amba Datta), # 3 Exhibit C (LSKS Biography - Shaina Jones Ward), # 4 Exhibit D (LSKS Biography - Julia C. Atcherley), # 5 Exhibit E (LSKS Invoices), # 6 Exhibit F (Arizona Bar - Economic Survey))(Zansberg, Steven) (Entered: 08/31/2015)
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Legal Document (Payment Possibly Required) 54 Filed: 8/31/2015, Entered: None Unknown Document Type
MEMORANDUM of Points and Authorities in Support of 53 MOTION for Attorney Fees by Defendants Ballantine Communications Incorporated, Durango Herald Incorporated, Ted Holteen. (Zansberg, Steven) (Entered: 08/31/2015)
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Blank 53 Filed: 8/31/2015, Entered: None Unknown Document Type
MOTION for Attorney Fees by Ballantine Communications Incorporated, Durango Herald Incorporated, Ted Holteen. (Attachments: # 1 Recitation of Oral Fee Agreement, # 2 Statement of Consultation, # 3 Text of Proposed Order)(Zansberg, Steven) (Entered: 08/31/2015)
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Legal Document (Payment Possibly Required) 52 Filed: 8/19/2015, Entered: None Unknown Document TypeCourt Filing
ORDER pursuant to the parties' 51 Stipulation for Extension of Time in Which Defendants Shall File Their Motion for Attorneys' Fees and Their Bill of Costs and Plaintiffs Shall File Their Responsive Memorandum. IT IS HEREBY ORDERED that Defendants shall file their Motion for Attorneys' Fees and Bill of Costs no later than August 31, 2015; and that Plaintiffs shall file their responsive memorandum thereto no later than September 30, 2015. Signed by Senior Judge Frank R Zapata on 8/18/2015. (KEP) (Entered: 08/19/2015)
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Legal Document (Payment Possibly Required) 51 Filed: 8/13/2015, Entered: None Unknown Document Type
STIPULATION FOR EXTENSION OF TIME IN WHICH DEFENDANTS SHALL FILE THEIR MOTION FOR ATTORNEY'S FEES ND THEIR BILL OF COSTS AND PLAINTIFFS SHALL FILE THEIR RESPONSIVE MEMORANDUM (First Request - Stipulated) by Ballantine Communications Incorporated, Durango Herald Incorporated, Ted Holteen. (Attachments: # 1 Text of Proposed Order)(Zansberg, Steven) (Entered: 08/13/2015)
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Legal Document (Payment Possibly Required) 50 Filed: 8/3/2015, Entered: None Unknown Document Type
CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED that pursuant to the Court's order filed August 3, 2015, the case is dismissed and closed. (KEP) (Entered: 08/03/2015)
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Legal Document (Payment Possibly Required) 49 Filed: 8/3/2015, Entered: None Unknown Document TypeCourt Filing
ORDER granting 23 Defendants' Motion to Dismiss for Failure to State a Claim. IT IS FURTHER ORDERED that the Clerk of the Court is directed to enter judgment and close this case. Signed by Senior Judge Frank R Zapata on 8/3/2015. (KEP) (Entered: 08/03/2015)
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Legal Document (Payment Possibly Required) 48 Filed: 6/16/2015, Entered: None Unknown Document Type
Local Counsel submitted a letter to Chambers, addressed to the undersigned, advising of the pending Motion to Dismss. [Doc. 23] The Court will treat the letter as a status inquiry. The parties are advised that the Court is aware the matter is pending and is under advisement. (Entered: 06/16/2015)
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Legal Document (Payment Possibly Required) 47 Filed: 9/12/2013, Entered: None Unknown Document TypeCourt Filing
The Court deems Defendants' Motion to Dismiss for Failure to State a Claim submitted on the record. IT IS ORDERED that the motion hearing presently set for Monday, September 16, 2013 at 10:00 a.m. is VACATED. Ordered by Senior Judge Frank R Zapata. (FRZ, cr)(This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.) (Entered: 09/12/2013)
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Legal Document (Payment Possibly Required) 46 Filed: 6/7/2013, Entered: None Unknown Document TypeCourt Filing
ORDER re 23 MOTION to Dismiss for Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Durango Herald Incorporated, Ballantine Communications Incorporated, Motion Hearing set for 9/16/2013 at 10:00 AM in Courtroom 5A, 405 West Congress Street, Tucson, AZ 85701 before Senior Judge Frank R Zapata.. Signed by Senior Judge Frank R Zapata on 6/7/2013. (JKM) (Entered: 06/07/2013)
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Legal Document (Payment Possibly Required) 45 Filed: 3/26/2013, Entered: None Unknown Document TypeCourt Filing
ORDER granting 39 STIPULATED PROTECTIVE ORDER. (See attached PDF for complete information).. Signed by Senior Judge Frank R Zapata on 3/26/2013.(JKM) (Entered: 03/26/2013)
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Legal Document (Payment Possibly Required) 44 Filed: 3/26/2013, Entered: None Unknown Document Type
LODGED Proposed Proposed Orders. Filed by Ballantine Communications Incorporated, Durango Herald Incorporated, Ted Holteen. (Attachments: # 1 Text of Proposed Order (Both Granted: See Order (Doc.40))(JKM) . (Entered: 03/26/2013)
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Legal Document (Payment Possibly Required) 43 Filed: 3/26/2013, Entered: None Unknown Document Type
SUR-REPLY IN OPPOSITION re 23 MOTION to Dismiss for Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(b)(6) by Plaintiffs Anthony J Delevin, Stacey Luther-Myszka, Shannon Leigh Plyler, Daniel Steinhardt. (JKM) (Entered: 03/26/2013)
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Legal Document (Payment Possibly Required) 42 Filed: 3/26/2013, Entered: None Unknown Document Type
REPLY to Response to Motion re 23 MOTION to Dismiss for Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Ballantine Communications Incorporated, Durango Herald Incorporated, Ted Holteen. (JKM) (Entered: 03/26/2013)
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Legal Document (Payment Possibly Required) 41 Filed: 3/26/2013, Entered: None Unknown Document Type
MEMORANDUM of Points and Authorities in Support of 23 MOTION to Dismiss for Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(b)(6) by Defendants Ballantine Communications Incorporated, Durango Herald Incorporated, Ted Holteen. (JKM) (Entered: 03/26/2013)
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Legal Document (Payment Possibly Required) 40 Filed: 3/26/2013, Entered: None Unknown Document TypeCourt Filing
ORDER granting 31 Motion for Leave to File Excess Pages; denied in part and granting in part 34 Motion to Strike; granting 20 Motion for Leave to File Excess Pages. The Clerk of Court is directed to file the lodged documents (Docs. 21 , 22 , 32 and 33 ). The Clerk of Court is directed to file the Plaintiffs' lodged proposed Sur-Reply in Opposition to Defendants' Motion to Dismiss(Doc. 35 ). A Hearing on Defendants' Motion to Dismiss Complaint is set for 6/17/2013 at 10:00 a.m.. Signed by Senior Judge Frank R Zapata on 3/26/2013.(JKM) (Entered: 03/26/2013)
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Legal Document (Payment Possibly Required) 39 Filed: 10/4/2012, Entered: None Unknown Document Type
Joint MOTION for Protective Order by Anthony J Delevin. (Attachments: # 1 Text of Proposed Order)(Piccarreta, Michael) (Entered: 10/04/2012)
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Legal Document (Payment Possibly Required) 38 Filed: 6/23/2012, Entered: None Unknown Document Type
RESPONSE in Opposition re 34 MOTION to Strike 33 Lodged Proposed Document,, PLAINTIFFS' MOTION TO STRIKE A NEW ARGUMENT MADE IN DEFENDANTS' REPLY IN SUPPORT OF THEIR MOTION TO DISMISS OR FOR LEAVE TO FILE A SUR-REPLY filed by Ballantine Communications Incorporated, Durango Herald Incorporated, Ted Holteen. (Kelley, Thomas) (Entered: 06/23/2012)
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Legal Document (Payment Possibly Required) 37 Filed: 6/13/2012, Entered: None Unknown Document Type
NOTICE re Service of Defendants' Initial Disclosures Pursuant to F.R.C.P. 26(a)(1) by Ballantine Communications Incorporated, Durango Herald Incorporated, Ted Holteen . (Zansberg, Steven) (Entered: 06/13/2012)
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Legal Document (Payment Possibly Required) 36 Filed: 6/13/2012, Entered: None Unknown Document Type
NOTICE re OF SERVICE OF PLAINTIFFS' INITIAL DISCLOSURE STATEMENT by Anthony J Delevin . (Piccarreta, Michael) (Entered: 06/13/2012)
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Legal Document (Payment Possibly Required) 35 Filed: 6/11/2012, Entered: None Unknown Document Type
LODGED Proposed PLAINTIFFS' SUR-REPLY IN OPPOSITION TO DEFENDANTS' MOTION TO DISMISS COMPLAINT PURSUANT TO FED.R.CIV.P. 12(b)(6). Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Anthony J Delevin. (Attachments: # 1 Text of Proposed Order)(Piccarreta, Michael) (Entered: 06/11/2012)
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Legal Document (Payment Possibly Required) 34 Filed: 6/11/2012, Entered: None Unknown Document Type
MOTION to Strike 33 Lodged Proposed Document,, PLAINTIFFS' MOTION TO STRIKE A NEW ARGUMENT MADE IN DEFENDANTS' REPLY IN SUPPORT OF THEIR MOTION TO DISMISS OR FOR LEAVE TO FILE A SUR-REPLY by Anthony J Delevin. (Piccarreta, Michael) (Entered: 06/11/2012)
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Legal Document (Payment Possibly Required) 33 Filed: 5/31/2012, Entered: None Unknown Document Type
LODGED Proposed Reply Brief re: 23 MOTION to Dismiss for Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(b)(6). Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Ballantine Communications Incorporated, Durango Herald Incorporated, Ted Holteen. (Attachments: # 1 Affidavit Declaration of Marla D. Kelley, # 2 Exhibit A to M. Kelley Declaration, # 3 Exhibit B to M. Kelley Declaration, # 4 Exhibit C to M. Kelley Declaration)(Zansberg, Steven) (Entered: 05/31/2012)
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Legal Document (Payment Possibly Required) 32 Filed: 5/31/2012, Entered: None Unknown Document Type
LODGED Proposed Proposed Order for Leave to File Reply Brief with Excess Pages re: 31 MOTION for Leave to File Excess Pages for Reply Brief (unopposed). Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Ballantine Communications Incorporated, Durango Herald Incorporated, Ted Holteen. (Zansberg, Steven) (Entered: 05/31/2012)
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Legal Document (Payment Possibly Required) 31 Filed: 5/31/2012, Entered: None Unknown Document Type
MOTION for Leave to File Excess Pages for Reply Brief (unopposed) by Ballantine Communications Incorporated, Durango Herald Incorporated, Ted Holteen. (Attachments: # 1 Text of Proposed Order)(Zansberg, Steven) (Entered: 05/31/2012)
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Legal Document (Payment Possibly Required) 30 Filed: 5/16/2012, Entered: None Unknown Document Type
LODGED Proposed PLAINTIFFS' RESPONSIVE MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO DEFENDANTS' MOTION TO DISMISS COMPLAINT PURSUANT TO FED.R.CIV.P. 12(b)(6). Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Anthony J Delevin. (Piccarreta, Michael) (Entered: 05/16/2012)
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Legal Document (Payment Possibly Required) 29 Filed: 4/23/2012, Entered: None Unknown Document TypeCourt Filing
ORDER granting 26 Motion to Stay discovery. (See attached PDF for complete information).. Signed by Senior Judge Frank R Zapata on 4/23/2012.(JKM) (Entered: 04/23/2012)
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Legal Document (Payment Possibly Required) 28 Filed: 4/19/2012, Entered: None Unknown Document TypeCourt Filing
ORDER granting 25 Stipulation ; Plaintiffs shall file their Responsive Memorandum no later than May 16,2012, and defendants shall file their Reply in support of the motion no later than May 31,2012.. Signed by Senior Judge Frank R Zapata on 4/19/2012. (JKM) (Entered: 04/19/2012)
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Legal Document (Payment Possibly Required) 27 Filed: 4/18/2012, Entered: None Unknown Document Type
LODGED Proposed Order re: 26 MOTION to Stay Discovery Pursuant to Rule 26 of the Rules of Civil Procedure Pending Resolution of Motion to Dismiss. Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Ballantine Communications Incorporated, Durango Herald Incorporated, Ted Holteen. (Kelley, Thomas) (Entered: 04/18/2012)
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Legal Document (Payment Possibly Required) 26 Filed: 4/18/2012, Entered: None Unknown Document Type
MOTION to Stay Discovery Pursuant to Rule 26 of the Rules of Civil Procedure Pending Resolution of Motion to Dismiss by Ballantine Communications Incorporated, Durango Herald Incorporated, Ted Holteen. (Kelley, Thomas) (Entered: 04/18/2012)
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Legal Document (Payment Possibly Required) 25 Filed: 4/17/2012, Entered: None Unknown Document Type
STIPULATION for Extension of Time to File Opposition to and Reply in Support of Defendants' Motion to Dismiss by Anthony J Delevin. (Attachments: # 1 Text of Proposed Order)(Piccarreta, Michael) (Entered: 04/17/2012)
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Legal Document (Payment Possibly Required) 24 Filed: 4/11/2012, Entered: None Unknown Document Type
DECLARATION of Steven D. Zansberg re 23 MOTION to Dismiss for Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(b)(6) by Defendants Ballantine Communications Incorporated, Durango Herald Incorporated. (Attachments: # 1 Exhibit 1 (published advertisements), # 2 Exhibit 2 (Convert Hall Invoice), # 3 Exhibit 3 (Police Case Report))(Zansberg, Steven) (Entered: 04/11/2012)
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Legal Document (Payment Possibly Required) 23 Filed: 4/11/2012, Entered: None Unknown Document Type
MOTION to Dismiss for Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(b)(6) by Ballantine Communications Incorporated, Durango Herald Incorporated. (Zansberg, Steven) (Entered: 04/11/2012)
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Legal Document (Payment Possibly Required) 22 Filed: 4/11/2012, Entered: None Unknown Document Type
LODGED Proposed Memorandum of Points and Authorities in Support of Defendants' Motion to Dismiss Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) re: 20 MOTION for Leave to File Excess Pages for Brief in Support of Motion to Dismiss (UNOPPOSED). Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Ballantine Communications Incorporated, Durango Herald Incorporated. (Zansberg, Steven) (Entered: 04/11/2012)
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Legal Document (Payment Possibly Required) 21 Filed: 4/11/2012, Entered: None Unknown Document Type
LODGED Proposed Proposed Order (Motion to File Excess Pages). Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Ballantine Communications Incorporated, Durango Herald Incorporated. (Zansberg, Steven) (Entered: 04/11/2012)
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Legal Document (Payment Possibly Required) 20 Filed: 4/11/2012, Entered: None Unknown Document Type
MOTION for Leave to File Excess Pages for Brief in Support of Motion to Dismiss (UNOPPOSED) by Ballantine Communications Incorporated, Durango Herald Incorporated. (Zansberg, Steven) (Entered: 04/11/2012)
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Legal Document (Payment Possibly Required) 19 Filed: 4/11/2012, Entered: None Unknown Document Type
Corporate Disclosure Statement by Durango Herald Incorporated. (Zansberg, Steven) (Entered: 04/11/2012)
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Legal Document (Payment Possibly Required) 18 Filed: 4/11/2012, Entered: None Unknown Document Type
Corporate Disclosure Statement by Ballantine Communications Incorporated. (Zansberg, Steven) (Entered: 04/11/2012)
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Legal Document (Payment Possibly Required) 17 Filed: 4/5/2012, Entered: None Unknown Document TypeCourt Filing
ORDER granting 16 Motion for Extension of Time to File Response/Reply ; Defendants shall file their response to the Complaint on or before 4/11/2012.. Signed by Senior Judge Frank R Zapata on 4/4/2012.(JKM) (Entered: 04/05/2012)
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Legal Document (Payment Possibly Required) 16 Filed: 3/27/2012, Entered: None Unknown Document Type
Joint MOTION for Extension of Time to File Response/Reply as to 1 Complaint Stipulation for Extension of Time in Which Defendants Shall File Their Response to the Complaint, and for Subsequent Briefing, if Necessary by Anthony J Delevin. (Attachments: # 1 Text of Proposed Order)(Piccarreta, Michael) (Entered: 03/27/2012)
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Legal Document (Payment Possibly Required) 15 Filed: 3/23/2012, Entered: None Unknown Document Type
ORDER pursuant to General Order 09-08 granting 13 Motion for Admission Pro Hac Vice; granting 14 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 03/23/2012)
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Legal Document (Payment Possibly Required) 14 Filed: 3/23/2012, Entered: None Unknown Document Type
MOTION for Admission Pro Hac Vice as to attorney Steven D Zansberg on behalf of Durango Herald Incorporated. (BAS) (Entered: 03/23/2012)
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Legal Document (Payment Possibly Required) 13 Filed: 3/23/2012, Entered: None Unknown Document Type
MOTION for Admission Pro Hac Vice as to attorney Thomas B Kelley on behalf of Durango Herald Incorporated. (BAS) (Entered: 03/23/2012)
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Legal Document (Payment Possibly Required) 12 Filed: 2/27/2012, Entered: None Unknown Document Type
Summons Issued as to Ted Holteen. (LCM). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 02/27/2012)
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Legal Document (Payment Possibly Required) 11 Filed: 2/27/2012, Entered: None Unknown Document Type
Summons Issued as to Durango Herald Incorporated. (LCM). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 02/27/2012)
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Legal Document (Payment Possibly Required) 10 Filed: 2/27/2012, Entered: None Unknown Document Type
Summons Issued as to Ballantine Communications Incorporated. (LCM). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 02/27/2012)
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Legal Document (Payment Possibly Required) 9 Filed: 2/24/2012, Entered: None Unknown Document Type
SUMMONS Submitted by Anthony J Delevin. (Piccarreta, Michael) (Entered: 02/24/2012)
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Legal Document (Payment Possibly Required) 8 Filed: 2/24/2012, Entered: None Unknown Document Type
SUMMONS Submitted by Anthony J Delevin. (Piccarreta, Michael) (Entered: 02/24/2012)
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Legal Document (Payment Possibly Required) 7 Filed: 2/24/2012, Entered: None Unknown Document Type
SUMMONS Submitted by Anthony J Delevin. (Piccarreta, Michael) (Entered: 02/24/2012)
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Legal Document (Payment Possibly Required) 6 Filed: 2/23/2012, Entered: None Unknown Document Type
ORDER pursuant to General Order 09-08 granting 3 Motion for Admission Pro Hac Vice; granting 4 Motion for Admission Pro Hac Vice; granting 5 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 02/23/2012)
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Legal Document (Payment Possibly Required) 5 Filed: 2/23/2012, Entered: None Unknown Document Type
MOTION for Admission Pro Hac Vice as to attorney Michael Lee Hertzberg on behalf of plaintiffs Anthony J Delevin, Stacey Luther-Myszka, and Shannon Leigh Plyler. (BAS) (Entered: 02/23/2012)
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Legal Document (Payment Possibly Required) 4 Filed: 2/23/2012, Entered: None Unknown Document Type
MOTION for Admission Pro Hac Vice as to attorney Christopher J Klatel on behalf of plaintiffs Anthony J Delevin, Stacey Luther-Myszka, and Shannon Leigh Plyler. (BAS) (Entered: 02/23/2012)
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Legal Document (Payment Possibly Required) 3 Filed: 2/23/2012, Entered: None Unknown Document Type
MOTION for Admission Pro Hac Vice as to attorney Eric M Lieberman on behalf of plaintiffs Anthony J Delevin, Stacey Luther-Myszka, Shannon Leigh Plyler, and Daniel Steinhardt. (BAS) (Entered: 02/23/2012)
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Legal Document (Payment Possibly Required) 2 Filed: 2/22/2012, Entered: None Unknown Document TypeCourt Filing
Filing fee paid, receipt number 0970-6427607. This case has been assigned to the Honorable Frank R Zapata. All future pleadings or documents should bear the correct case number: 4:12-CV-00118-TUC-FRZ. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (PAA) (Entered: 02/22/2012)
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Legal Document (Payment Possibly Required) 1 Filed: 2/22/2012, Entered: None Unknown Document Type
COMPLAINT. Filing fee received: $ 350.00, receipt number 0970-6427607, filed by Stacey Luther-Myszka, Anthony J Delevin, Daniel Steinhardt, Shannon Leigh Plyler. (Piccarreta, Michael) (Attachments: # 1 Civil Cover Sheet)(PAA) (Entered: 02/22/2012)
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