Tin Giant, LLC et al v. ATARI GAMEBOX, LLC
| Colorado District Court | |
| Judge: | S Kato Crews |
| Referred: | S Kato Crews |
| Case #: | 1:20-cv-00911 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Breach of Contract |
| Case Filed: | Apr 02, 2020 |
| Terminated: | Mar 29, 2022 |
| Last checked: Tuesday Sep 29, 2020 4:16 AM MDT |
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Defendant
Atari VCS, LLC
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Represented By
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Plaintiff
Tin Giant, LLC
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Represented By
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Plaintiff
Robert Wyatt
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Represented By
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GPO
Mar 29 2022
ORDER denying 38 Motion to Transfer Case; granting 38 Motion to Dismiss. For the reasons stated herein, Defendant's Motion to Dismiss is GRANTED and this matter is dismissed, without prejudice. SO ORDERED by Magistrate Judge S. Kato Crews on 3-29-2022. (skclc2). |
| Docket last updated: 12/20/2024 11:59 PM MST |
| Tuesday, March 29, 2022 | ||
| 41 | 41
8
pgs
order
Order on Motion to Transfer Case Order on Motion to Dismiss
Tue 03/29 5:05 PM
ORDER denying38 Motion to Transfer Case; granting38 Motion to Dismiss. For the reasons stated herein, Defendant's Motion to Dismiss is GRANTED and this matter is dismissed, without prejudice. SO ORDERED by Magistrate Judge S. Kato Crews on 3 29-2022 (skclc2) |
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| Friday, June 18, 2021 | ||
| 40 | 40
respm
Reply to Response to Motion
Fri 06/18 2:44 PM
REPLY to Response to38 MOTION to Transfer Case to the Federal District in New York County or MOTION to Dismiss The Amended Complaint for Forum Non-Coneniens filed by Defendant Atari VCS, LLC. (Edwards, Denver) |
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| Friday, June 04, 2021 | ||
| 39 | 39
respm
Response to Motion
Fri 06/04 9:11 AM
RESPONSE to38 MOTION to Transfer Case to the Federal District in New York County or MOTION to Dismiss The Amended Complaint for Forum Non-Coneniens filed by Plaintiffs Tin Giant, LLC, Robert Wyatt.(Laszlo, Michael) |
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Att: 1
Exhibit 1
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| Friday, May 14, 2021 | ||
| 38 | 38
motion
Transfer Case Dismiss
Fri 05/14 4:31 PM
MOTION to Transfer Case to the Federal District in New York County or , MOTION to Dismiss The Amended Complaint for Forum Non-Coneniens by Defendant Atari VCS, LLC.(Edwards, Denver) |
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Att: 1
Memorandum in Support,
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Att: 2
Proposed Order
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| Tuesday, May 04, 2021 | ||
| 37 | 37
5
pgs
order
Order on Motion to Set Aside
Tue 05/04 10:19 AM
ORDER granting25 Motion to Set Aside. For the reasons stated herein, the Court finds good cause to GRANT the Motion. The entry of default is hereby set aside. Defendant is ORDERED to answer or otherwise respond to the Amended Complaint no later than May 14, 2021 . SO ORDERED by Magistrate Judge S. Kato Crews on 5 4-2021 (skclc2) |
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| Monday, April 05, 2021 | ||
| 36 | 36
misc
Letter
Mon 04/05 8:23 AM
LETTER re:25 MOTION to Set Aside 23 Clerk's Entry of Default by Defendant Atari VCS, LLC. (Edwards, Denver) |
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| Thursday, January 28, 2021 | ||
| 35 | 35
order
Order on Motion for Leave to Restrict
Thu 01/28 12:31 PM
Motion for Leave to Restrict . The Court finds the requirements of D.C.COLO.LCivR 7.2(c) have been met. Therefore, IT IS ORDERED that the Motion is GRANTED. The Clerk of Court shall ensure that Docket Nos. [#2] and [#11] retain their Level 1 Restrictions. SO ORDERED by Magistrate Judge S. Kato Crews on 1 28-2021 Text Only Entry (skclc2) |
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| Friday, August 21, 2020 | ||
| 34 | 34
order
Order on Motion to Continue
Fri 08/21 2:19 PM
ORDER granting33 Motion to Continue. The parties have requested the Court continue the Scheduling Conference until the Motion to Set Aside the Clerk's Entry of Default25 has been decided. Given the Motion has not been fully briefed and Defendant attorney's pending nuptials, the Scheduling Conference is VACATED pending the outcome of the Motion. Upon receipt of the Court's order on the Motion to Set Aside Clerk's Entry of Default, the parties shall initiate a joint call to chambers to set a date for the Scheduling Conference. By Magistrate Judge S. Kato Crews on 08 21-2020 Text Only Entry (skclc2) |
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| 33 | 33
motion
Continue
Fri 08/21 12:54 PM
MOTION to Continue Scheduling Conference by Defendant Atari VCS, LLC. (Edwards, Denver) |
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| Monday, August 10, 2020 | ||
| 32 | 32
order
Order on Motion to Continue
Mon 08/10 10:46 AM
ORDER GRANTING31 Motion to Continue . For good cause shown, the Motion is GRANTED. Accordingly, IT IS ORDERED that the Scheduling Conference is VACATED and RESET for 9/10/2020 at 10:30 AM in Courtroom C201 before Magistrate Judge S. Kato Crews. The Proposed Scheduling Order is due on 9/3/2020. SO ORDERED by Magistrate Judge S. Kato Crews on 8/10/2020. Text Only Entry (skclc2) |
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| Wednesday, August 05, 2020 | ||
| 31 | 31
motion
Continue
Wed 08/05 2:52 PM
Joint MOTION to Continue Scheduling Conference by Defendant Atari VCS, LLC. (Edwards, Denver) |
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| Friday, July 24, 2020 | ||
| 30 | 30
respm
Response to Motion
Fri 07/24 4:27 PM
RESPONSE to25 MOTION to Set Aside 23 Clerk's Entry of Default filed by Plaintiffs Tin Giant, LLC, Robert Wyatt.(Laszlo, Michael) |
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Att: 1
Exhibit Exhibit A
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| Wednesday, July 08, 2020 | ||
| 29 | 29
order
Order on Motion to Continue
Wed 07/08 3:51 PM
ORDER GRANTING27 Motion to Continue Rule 16(b) Scheduling Conference . For good cause shown, the Motion is GRANTED. Accordingly, IT IS ORDERED that the Rule 16(b) Scheduling Conference is VACATED and RESET for 8/13/2020 at 10:00 AM in Courtroom C201 before Magistrate Judge S. Kato Crews. The Proposed Scheduling Order is due 8/6/2020 by ECF Filing and email (in Word copy) to Crews_Chambers@cod.uscourts.gov. The Magistrate Judge Consent Form is due by 8/6/2020. SO ORDERED by Magistrate Judge S. Kato Crews on 7/8/2020. Text Only Entry (skclc2) |
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| 28 | 28
2
pgs
order
Order on Consent to Jurisdiction of Magistrate Judge
Wed 07/08 2:11 PM
ORDER Referring Case to Magistrate Judge S. Kato Crews, by Judge William J. Martinez on 7/8/2020. All future pleadings should be designated as 20-cv-911-SKC (angar, ) |
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| Tuesday, July 07, 2020 | ||
| 27 | 27
motion
Continue
Tue 07/07 12:10 PM
Joint MOTION to Continue RULE 16(b) SCHEDULING CONFERENCE by Plaintiffs Tin Giant, LLC, Robert Wyatt. (Laszlo, Michael) |
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| 26 | 26
misc
Consent to Jurisdiction of Magistrate Judge
Tue 07/07 9:26 AM
CONSENT to Jurisdiction of Magistrate Judge by Plaintiffs Tin Giant, LLC, Robert Wyatt All parties consent.. (Laszlo, Michael) |
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| Friday, July 03, 2020 | ||
| 25 | 25
motion
Set Aside
Fri 07/03 2:18 PM
MOTION to Set Aside 23 Clerk's Entry of Default by Defendant Atari VCS, LLC.(Edwards, Denver) |
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Att: 1
Exhibit A - Proposed Motion to Dismiss,
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Att: 2
Declaration of Frederic Chesnais
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| 24 | 24
notice
Notice of Entry of Appearance
Fri 07/03 2:11 PM
NOTICE of Entry of Appearance by Denver G. Edwards on behalf of Atari VCS, LLC Attorney Denver G. Edwards added to party Atari VCS, LLC (pty:dft) (Edwards, Denver) |
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| Friday, May 22, 2020 | ||
| 23 | 23
order
Clerks Entry of Default
Fri 05/22 4:00 PM
Clerk's ENTRY OF DEFAULT as to Atari VCS, LLC re22 MOTION for Entry of Default as to ATARI VCS, LLC , by Clerk. Text Only Entry (angar, ) |
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| 22 | 22
motion
Entry of Default
Fri 05/22 12:10 PM
MOTION for Entry of Default as to ATARI VCS, LLC by Plaintiffs Tin Giant, LLC, Robert Wyatt.(Laszlo, Michael) |
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Att: 1
Declaration of Michael J. Laszlo, Esq.
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| 21 | 21
order
Clerks Note Regarding Default
Fri 05/22 8:46 AM
CLERK'S NOTE REGARDING DEFAULT Default will not be entered as to Atari VCS, LLC re20 MOTION for Entry of Default as to ATARI VCS, LLC as: the affidavit or declaration required by Fed. R. Civ. P. 55(a) was not filed, by Clerk. Text Only Entry (angar, ) |
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| Tuesday, May 19, 2020 | ||
| 20 | 20
motion
Entry of Default
Tue 05/19 3:01 PM
MOTION for Entry of Default as to ATARI VCS, LLC by Plaintiffs Tin Giant, LLC, Robert Wyatt. (Laszlo, Michael) |
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| Monday, May 18, 2020 | ||
| 19 | 19
order
Order
Mon 05/18 5:52 PM
ORDER Setting Rule 16(b) Scheduling Conference . The Scheduling Conference is set for7/14/2020 at 11:00 AM in Courtroom C201 before Magistrate Judge S. Kato Crews. The parties shall file their proposed scheduling order, and email a copy in Word format to Crews_Chambers@cod.uscourts.gov, on or before 7/7/2020. The Magistrate Judge Consent Form (ECF. #4-1) is due 7/7/2020. SO ORDERED by Magistrate Judge S. Kato Crews on 5/18/2020. Text Only Entry (skclc2) |
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| Friday, May 01, 2020 | ||
| 18 | 18
service
Affidavit/Return of Service - Executed - Complaint
Fri 05/01 11:17 AM
SUMMONS Returned Executed by Tin Giant, LLC, Robert Wyatt. Atari VCS, LLC served on 4/22/2020, answer due 5/13/2020. (Laszlo, Michael) |
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| Thursday, April 16, 2020 | ||
| 17 | 17
order
Memorandum
Thu 04/16 11:21 AM
MEMORANDUM regarding16 MOTION for Leave to Restrict filed by Robert Wyatt, Tin Giant, LLC. Motions referred to Magistrate Judge S. Kato Crews by Judge William J. Martinez on 4/16/2020. Text Only Entry (wjmsec, ) |
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| 16 | 16
motion
Leave to Restrict
Thu 04/16 11:11 AM
MOTION for Leave to Restrict by Plaintiffs Tin Giant, LLC, Robert Wyatt. (Laszlo, Michael) |
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| 15 | 15
order
Minute Order
Thu 04/16 9:26 AM
MINUTE ORDER re:11 Restricted Document - Level 1 filed by Robert Wyatt, Tin Giant, LLC . Pursuant to Local Rule 7.2(a), "[u]less restricted by statute, rule of civil procedure, or court order, the public shall have access to all documents filed with the court and all court proceedings." D.C.COLO.LCivR 7.2(a). Docket No.11 was filed under Level 1 Restriction without a corresponding motion asserting a cognizable reason for restriction under Local Rule 7.2(a). Accordingly, IT IS ORDERED that Plaintiffs shall file a Motion for Leave to Restrict that complies with Local Rule 7.2, in its entirety, by 4/17/2020. If no Motion to Restrict is filed, the Clerk of Court shall sua sponte lift the Level 1 Restriction on Docket No.11 . SO ORDERED by Magistrate Judge S. Kato Crews on 4/16/2020. Text Only Entry (skclc2) |
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| Monday, April 13, 2020 | ||
| 14 | 14
misc
Summons Issued
Mon 04/13 10:51 AM
SUMMONS issued by Clerk. (alave, ) |
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| 13 | 13
misc
Summons Request
Mon 04/13 10:39 AM
SUMMONS REQUEST as to Atari VCS LLC f/k/a/ Atari Gamebox LLC by Plaintiffs Tin Giant, LLC, Robert Wyatt. (Laszlo, Michael) |
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| Wednesday, April 08, 2020 | ||
| 12 | 12
notice
Notice of Entry of Appearance
Wed 04/08 3:41 PM
NOTICE of Entry of Appearance by Theodore E. Laszlo, Jr on behalf of All Plaintiffs Attorney Theodore E. Laszlo, Jr added to party Tin Giant, LLC(pty:pla), Attorney Theodore E. Laszlo, Jr added to party Robert Wyatt(pty:pla) (Laszlo, Theodore) |
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| 11 | 11
misc
Restricted Doc. - Level 1 - Viewable by Case Participants & Court
Wed 04/08 3:12 PM
RESTRICTED DOCUMENT - Level 1: by Plaintiffs Tin Giant, LLC, Robert Wyatt.. (Laszlo, Michael) |
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| 10 | 10
cmp
Amended Complaint
Wed 04/08 3:09 PM
AMENDED COMPLAINT against Atari Gamebox, LLC, filed by Tin Giant, LLC, Robert Wyatt.(Laszlo, Michael) |
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2,
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Att: 3
Exhibit 3
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| Tuesday, April 07, 2020 | ||
| 9 | 9
order
Order
Tue 04/07 4:35 PM
ORDER: Counsel for the parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Revised Practice Standards (as most recently revised effective December 1, 2019 and as they may be amended from time to time), which may be downloaded here. SO ORDERED by Judge William J. Martinez on 4/ 7/2020. Text Only Entry (wjmsec, ) |
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| 8 | 8
order
Order Referring Case to Magistrate Judge
Tue 04/07 4:34 PM
ORDER REFERRING CASE to Magistrate Judge S. Kato Crews. Magistrate Judge Crews, or such other Magistrate Judge who may in the future be reassigned to this case, is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed.R.Civ.P. 72(a) and (b). ALSO ORDERED that unless service has otherwise been completed or arranged, Plaintiff's counsel is directed to effect service of the summons and complaint pursuant to Rule 4 of the Federal Rules of Civil Procedure no later than 30 days from the date of this Referral Order, in order for the initial scheduling conference to be held promptly. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the Magistrate Judge or on the request of the parties by motion, the court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. SO ORDERED by Judge William J. Martinez on 4/7/2020. Text Only Entry (wjmsec, ) |
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| 7 | 7
order
Order
Tue 04/07 4:26 PM
ORDER: This matter is before the Court on Plaintiffs' Response to Show Cause6 : Based on its review of Plaintiffs' Response, the Court is satisfied it has diversity jurisdiction over this action pursuant to 28 U.S.C. § 1332. As a consequence, the Order to Show Cause is DISCHARGED. Plaintiffs shall file their proposed Amended Complaint as a separate docket entry on CM/ECF on or before April 9, 2020 . SO ORDERED by Judge William J. Martinez on 4/7/2020. Text Only Entry (wjmsec, ) |
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| 6 | 6
misc
Response
Tue 04/07 1:03 PM
RESPONSE to 5 Order,,,,,, by Plaintiffs Tin Giant, LLC, Robert Wyatt.(Laszlo, Michael) |
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2
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| 5 | 5
order
Order
Tue 04/07 9:31 AM
ORDER TO SHOW CAUSE returnable April 14, 2020. The Court has a duty to sua sponte consider its subject matter jurisdiction. Fed. R. Civ. P. 12(h)(3). Plaintiffs' Complaint alleges that the Court has jurisdiction pursuant to 28 U.S.C. § 1332 based on the diversity of the parties. Defendant Atari Gamebox, LLC, is identified as a limited liability company. The Court must consider the citizenship of all members of the LLC in determining whether diversity jurisdiction exists. See Siloam Springs Hotel, L.L.C. v. Century Sur. Co. , 781 F.3d 1233, 1237 (10th Cir. 2015) ("only those state-created entities that are corporations, in the traditional understanding of that word, will be treated as a person for purposes of diversity jurisdiction"). As Plaintiffs are invoking jurisdiction of the federal court, they bear the burden of establishing that jurisdiction is proper. Merida Delgado v. Gonzales, 428 F.3d 916, 919 (10th Cir. 2005). As filed, Plaintiffs' Complaint is deficient in that, apart from an unsubstantiated bald assertion to that effect, it fails to establish the citizenship of every member of Defendant Atari Gamebox, LLC. Accordingly, Plaintiffs are ORDERED TO SHOW CAUSE, by April 14, 2020 , as to why the Court should not on its own motion dismiss this action based on Plaintiffs' failure to allege facts sufficient to show that the Court has diversity jurisdiction over this matter. SO ORDERED by Judge William J. Martinez on 4/7/2020. Text Only Entry (wjmsec, ) |
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| Friday, April 03, 2020 | ||
| 4 | 4
misc
Summons Issued
Fri 04/03 9:06 AM
SUMMONS issued by Clerk. (trvo, ) |
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Att: 1
Magistrate Judge Consent Form
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| Thursday, April 02, 2020 | ||
| 3 | 3
misc
Case Assigned to Judge
Fri 04/03 9:01 AM
Case assigned to Judge William J. Martinez and drawn to Magistrate Judge S. Kato Crews. Text Only Entry. (trvo, ) |
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| 2 | 2
misc
Restricted Doc. - Level 1 - Viewable by Case Participants & Court
Thu 04/02 2:31 PM
RESTRICTED DOCUMENT - Level 1: by Plaintiffs Tin Giant, LLC, Robert Wyatt.. (Laszlo, Michael) |
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| 1 | 1
cmp
Complaint
Thu 04/02 2:28 PM
COMPLAINT against ATARI GAMEBOX, LLC Attorney Michael Jacob Laszlo added to party Tin Giant, LLC(pty:pla), Attorney Michael Jacob Laszlo added to party Robert Wyatt(pty:pla), filed by Tin Giant, LLC, Robert Wyatt. (Laszlo, Michael) Modified on 4/2/2020 to add receipt information (agarc, ) |
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2,
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Att: 3
Civil Cover Sheet,
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Att: 4
Summons
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