FOMCO, L.L.C. v. Hearthside Grove Association et al
| Michigan Western District Court | |
| Judge: | Hala Y Jarbou |
| Referred: | Phillip J Green |
| Case #: | 1:20-cv-01069 |
| Nature of Suit | 840 Property Rights - Trademark |
| Cause | 15:1121 Trademark Infringement |
| Case Filed: | Nov 05, 2020 |
| Terminated: | Aug 31, 2021 |
| Last checked: Tuesday May 04, 2021 5:07 AM EDT |
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counter-claimant
Hearthside Grove Association
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Represented By
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counter-claimant
Holiday Vacation Rentals, L.L.C.
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Represented By
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counter-defendant
FOMCO, L.L.C.
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Represented By
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defendant
Hearthside Grove Association
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Represented By
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defendant
Holiday Vacation Rentals, L.L.C.
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Represented By
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plaintiff
FOMCO, L.L.C.
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Represented By
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GPO
Jun 29 2021
OPINION; signed by District Judge Hala Y. Jarbou (aks) |
| Docket last updated: 04/10/2025 11:59 PM EDT |
| Wednesday, September 01, 2021 | ||
| 40 | 40
misc
Report on the Filing or Determination of an Action Regarding a Patent or Trademark
Wed 09/01 1:36 PM
REPORT from the Clerk, WDMI, to the Director of the U.S. Patent and Trademark Office on the determination of a TRADEMARK ACTION (pjw) |
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Att: 1
Consent Judgment
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| Tuesday, August 31, 2021 | ||
| 39 | 39
order
Judgment - Consent
Tue 08/31 4:28 PM
CONSENT JUDGMENT entering38 ; this case is closed; signed by District Judge Hala Y. Jarbou (aks) |
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| Monday, August 30, 2021 | ||
| 38 | 38
motion
Stipulation and Order (Proposed-one document)
Mon 08/30 11:43 AM
PROPOSED STIPULATED CONSENT JUDGMENT by plaintiff FOMCO, L.L.C., counter-defendant FOMCO, L.L.C. (Standley, Jeffrey) Modified text on 8/30/2021 (pjw) |
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| Tuesday, August 17, 2021 | ||
| 37 | 37
service
Certificate of Mailing
Tue 08/17 10:47 AM
CERTIFICATE OF MAILING by defendant Holiday Vacation Rentals, L.L.C., counter-claimant Holiday Vacation Rentals, L.L.C. for supplemental responses to FOMCO, L.L.C.s requests for production of documents [Attorney Adam Toosley added to party Holiday Vacation Rentals, L.L.C.(pty:cc)] (Toosley, Adam) |
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| Monday, August 16, 2021 | ||
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notice
Attorney Appearance
Mon 08/16 8:08 AM
(NON-DOCUMENT) ATTORNEY APPEARANCE of Adam Toosley on behalf of defendants Hearthside Grove Association, Holiday Vacation Rentals, L.L.C., counter-claimant Hearthside Grove Association (Toosley, Adam) |
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| Friday, July 30, 2021 | ||
| 36 | 36
notice
Notice (Other)
Fri 07/30 7:04 PM
NOTICE of Service by plaintiff FOMCO, L.L.C., counter-defendant FOMCO, L.L.C. (Rogers McCurdy, Melissa) |
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| Wednesday, June 30, 2021 | ||
| 35 | 35
service
Certificate of Mailing
Wed 06/30 9:16 PM
CERTIFICATE OF MAILING by defendants Hearthside Grove Association, Holiday Vacation Rentals, L.L.C., counter-claimants Hearthside Grove Association, Holiday Vacation Rentals, L.L.C. for Interrogatories, Admissions and Production of Documents (Hirzel, Kevin) |
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| Tuesday, June 29, 2021 | ||
| 34 | 34
1
pgs
order
Order on Motion to Dismiss
Tue 06/29 1:38 PM
ORDER granting in part15 motion to dismiss; Count VI of the complaint is dismissed as to Holiday Vacation Rentals, LLC; signed by District Judge Hala Y. Jarbou (aks) |
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| 33 | 33
9
pgs
order
Opinion
Tue 06/29 1:36 PM
OPINION; signed by District Judge Hala Y. Jarbou (aks) |
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| Friday, June 18, 2021 | ||
| 32 | 32
order
Protective Order
Fri 06/18 11:50 AM
PROTECTIVE ORDER AND CLAWBACK AND PRESUMTIVELY PRIVILEGED PROTOCOL; signed by Magistrate Judge Phillip J. Green (jkw) |
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| Thursday, June 17, 2021 | ||
| 31 | 31
service
Certificate of Mailing
Thu 06/17 2:23 PM
CERTIFICATE OF MAILING by defendants Hearthside Grove Association, Holiday Vacation Rentals, L.L.C., counter-claimants Hearthside Grove Association, Holiday Vacation Rentals, L.L.C. for Interrogatories and Production of Documents (Hirzel, Kevin) |
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| Wednesday, June 16, 2021 | ||
| 30 | 30
motion
Stipulation and Order (Proposed-one document)
Wed 06/16 1:10 PM
PROPOSED STIPULATION and ORDER for Entry of Protective Order and Clawback and Presumptively Privileged Protocol by plaintiff FOMCO, L.L.C. [Attorney Melissa Ann Rogers McCurdy added to party FOMCO, L.L.C.(pty:pla)] (Rogers McCurdy, Melissa) |
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order
Order Referring Motion to Magistrate Judge (Non-Document)
Wed 06/16 2:38 PM
(NON-DOCUMENT) ORDER REFERRING PROPOSED STIPULATION and ORDER for Entry of Protective Order and Clawback and Presumptively Privileged Protocol by plaintiff FOMCO, L.L.C.30 to Magistrate Judge Phillip J. Green under 28 U.S.C. 636(b)(1)(A); signed by District Judge Hala Y. Jarbou (haw) |
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| Thursday, June 10, 2021 | ||
| 29 | 29
service
Certificate of Mailing
Thu 06/10 6:00 PM
CERTIFICATE OF MAILING by defendants Hearthside Grove Association, Holiday Vacation Rentals, L.L.C., counter-claimants Hearthside Grove Association, Holiday Vacation Rentals, L.L.C. for Admissions (Hirzel, Kevin) |
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| Tuesday, April 13, 2021 | ||
| 28 | 28
respm
Reply to Response to Motion
Tue 04/13 5:33 PM
REPLY to response to motion15 filed by Hearthside Grove Association, Holiday Vacation Rentals, L.L.C. (Hirzel, Kevin) |
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| Tuesday, March 30, 2021 | ||
| 27 | 27
respm
Response in Opposition
Tue 03/30 7:23 PM
RESPONSE in opposition to MOTION to dismiss 15 Count VI of the Complaint Under Fed. R. Civ. P. 12(b)(1) and 12(b)(6) filed by FOMCO, L.L.C. (Standley, Jeffrey) |
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| 26 | 26
notice
Disclosure Statement
Tue 03/30 7:00 PM
DISCLOSURE STATEMENT Initial Disclosures Pursuant to Rule 26(a)(1) of the Federal Rules of Civil Procedure by plaintiff FOMCO, L.L.C., counter-defendant FOMCO, L.L.C. (Standley, Jeffrey) |
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| 25 | 25
notice
Disclosure Statement
Tue 03/30 10:08 AM
DISCLOSURE STATEMENT by defendants Hearthside Grove Association, Holiday Vacation Rentals, L.L.C., counter-claimants Hearthside Grove Association, Holiday Vacation Rentals, L.L.C. (Hirzel, Kevin) |
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| Tuesday, March 23, 2021 | ||
| 24 | 24
order
Case Management Order
Tue 03/23 10:55 AM
CASE MANAGEMENT ORDER: discovery to be completed by 1/14/2022; dispositive motions due by 2/18/2022; settlement conference set for 6/2/2022 at 09:00 AM at 601 Federal Building, Grand Rapids, MI before Magistrate Judge Phillip J. Green; final pretrial conference set for 8/4/2022 at 10:00 AM at 128 Federal Building, Lansing, MI before District Judge Hala Y. Jarbou; jury trial set for 8/29/2022 at 09:00 AM at 128 Federal Building, Lansing, MI before District Judge Hala Y. Jarbou; signed by Magistrate Judge Phillip J. Green (jkw) |
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| Thursday, March 18, 2021 | ||
| 23 | 23
5
pgs
order
Order on Stipulation and Proposed Order
Thu 03/18 12:08 PM
ORDER granting STIPULATION22 to extend time; deadline for plaintiff's response to motion to dismiss extended to 3/30/2021; signed by District Judge Hala Y. Jarbou (haw) |
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| Wednesday, March 17, 2021 | ||
| 22 | 22
motion
Stipulation and Order (Proposed-one document)
Wed 03/17 3:09 PM
PROPOSED STIPULATION and ORDER Extending Time for Plaintiff to File a Responsive Brief in Opposition of Defendants' Motion to Dismiss by plaintiff FOMCO, L.L.C., counter-defendant FOMCO, L.L.C. (Standley, Jeffrey) |
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| Tuesday, March 16, 2021 | ||
| 21 | 21
minutes
Scheduling Conference - Rule 16
Tue 03/16 2:29 PM
MINUTES held before Magistrate Judge Phillip J. Green of Rule 16 scheduling conference via video; CMO to issue (Proceedings Digitally Recorded) (ald) |
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| Wednesday, March 10, 2021 | ||
| 20 | 20
4
pgs
order
Order on Stipulation and Proposed Order
Wed 03/10 2:42 PM
ORDER granting STIPULATION18 to extend time; deadline for plaintiff's response to motion to dismiss extended to 3/23/2021; signed by District Judge Hala Y. Jarbou (haw) |
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| Tuesday, March 09, 2021 | ||
| 19 | 19
answer
Answer to Counterclaim
Tue 03/09 6:43 PM
ANSWER to Counterclaim,,,14 by FOMCO, L.L.C. (Standley, Jeffrey) |
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| 18 | 18
motion
Stipulation and Order (Proposed-one document)
Tue 03/09 3:34 PM
PROPOSED STIPULATION and ORDER Extending Time for Plaintiff to File a Responsive Brief in Opposition of Defendants' Motion to Dismiss by plaintiff FOMCO, L.L.C., counter-defendant FOMCO, L.L.C. (Standley, Jeffrey) |
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| 17 | 17
misc
Joint Status Report (Rule 16)
Tue 03/09 10:38 AM
JOINT STATUS REPORT (Standley, Jeffrey) |
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| Wednesday, February 17, 2021 | ||
| 16 | 16
4
pgs
order
Order Setting Rule 16 Scheduling Conference
Wed 02/17 8:48 AM
ORDER setting Rule 16 scheduling conference: Rule 16 scheduling conference is set for 3/16/2021 at 02:00 PM by video before Magistrate Judge Phillip J. Green; status report due by 3/11/2021; signed by Magistrate Judge Phillip J. Green (jkw) |
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| Tuesday, February 16, 2021 | ||
| 15 | 15
motion
Dismiss
Tue 02/16 7:48 PM
MOTION to dismiss by defendants Hearthside Grove Association, Holiday Vacation Rentals, L.L.C., counter-claimants Hearthside Grove Association, Holiday Vacation Rentals, L.L.C.; (Hirzel, Kevin) |
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Att: 1
Exhibit Condominium Documents,
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Att: 2
Exhibit Articles of Incorporation,
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Att: 3
Exhibit HVR's real estate broker license,
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Att: 4
Exhibit March 31, 2020 dismissal order
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| 14 | 14
cmp
Counterclaim
Tue 02/16 7:41 PM
COUNTERCLAIM against FOMCO, L.L.C. filed by Holiday Vacation Rentals, L.L.C., Hearthside Grove Association (Hirzel, Kevin) |
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Att: 1
Exhibit Condominium Documents,
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Att: 2
Exhibit Articles of Incorporation,
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Att: 3
Exhibit Notice of First Annual Meeting,
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Att: 4
Exhibit Official Meeting Minutes,
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Att: 5
Exhibit Entrance sign for Condominium,
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Att: 6
Exhibit Invoice for entrance sign,
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Att: 7
Exhibit Marketing posts,
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Att: 8
Exhibit The Woodlands/Monarch logo,
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Att: 9
Exhibit Hearthside Grove Lake Erie logo,
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Att: 10
Exhibit Hearthside Grove II Condominium Documents,
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Att: 11
Exhibit Monarch Condominium Documents,
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Att: 12
Exhibit June 4, 2018 Letter,
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Att: 13
Exhibit January 4, 2020 Letter
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| 13 | 13
answer
Answer to Complaint
Tue 02/16 7:29 PM
ANSWER to complaint,,1 with affirmative defenses by Hearthside Grove Association, Holiday Vacation Rentals, L.L.C. (Hirzel, Kevin) |
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| Friday, February 12, 2021 | ||
| 12 | 12
notice
Corporate Disclosure Statement
Fri 02/12 10:45 AM
CORPORATE DISCLOSURE STATEMENT by Holiday Vacation Rentals, L.L.C. (Hirzel, Kevin) |
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| 11 | 11
notice
Corporate Disclosure Statement
Fri 02/12 10:43 AM
CORPORATE DISCLOSURE STATEMENT by Hearthside Grove Association (Hirzel, Kevin) |
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| Thursday, January 28, 2021 | ||
| 10 | 10
service
Summons Returned Executed
Thu 01/28 4:43 PM
SUMMONS returned executed; Holiday Vacation Rentals, L.L.C. served on 1/25/2021, answer due 2/16/2021 (Standley, Jeffrey) |
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| 9 | 9
service
Summons Returned Executed
Thu 01/28 4:39 PM
SUMMONS returned executed; Hearthside Grove Association served on 1/25/2021, answer due 2/16/2021 (Standley, Jeffrey) |
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| Thursday, January 21, 2021 | ||
| 8 | 8
notice
Notice (Other)
Thu 01/21 12:43 PM
NOTICE re5 of Service by plaintiff FOMCO, L.L.C. (Standley, Jeffrey) |
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notice
Attorney Appearance
Thu 01/21 1:08 PM
(NON-DOCUMENT) ATTORNEY APPEARANCE of Kevin Michael Hirzel on behalf of defendants Hearthside Grove Association, Holiday Vacation Rentals, L.L.C. (Hirzel, Kevin) |
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notice
Attorney Appearance
Thu 01/21 2:42 PM
(NON-DOCUMENT) ATTORNEY APPEARANCE of Kayleigh Long on behalf of defendants Hearthside Grove Association, Holiday Vacation Rentals, L.L.C. (Long, Kayleigh) |
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| Tuesday, January 19, 2021 | ||
| 7 | 7
service
Summons Issued
Tue 01/19 8:11 AM
SUMMONS ISSUED as to defendants Hearthside Grove Association, Holiday Vacation Rentals, L.L.C. (mg) |
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| Monday, January 18, 2021 | ||
| 6 | 6
service
Proposed Summons (to be issued)
Mon 01/18 10:58 AM
PROPOSED SUMMONS to be issued re1 (Standley, Jeffrey) |
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| Thursday, January 07, 2021 | ||
| 5 | 5
order
Notice of Impending Dismissal
Thu 01/07 4:57 PM
NOTICE OF IMPENDING DISMISSAL; service of process to be completed by 2/3/2021 or the case will be dismissed; signed by District Judge Hala Y. Jarbou (haw) |
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| Monday, November 16, 2020 | ||
| 4 | 4
notice
Corporate Disclosure Statement
Mon 11/16 4:15 PM
CORPORATE DISCLOSURE STATEMENT by FOMCO, L.L.C. (Standley, Jeffrey) |
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| Tuesday, November 10, 2020 | ||
| 3 | 3
misc
Report on the Filing or Determination of an Action Regarding a Patent or Trademark
Tue 11/10 9:17 AM
REPORT from the Clerk, WDMI, to the Director of the U.S. Patent and Trademark Office on the filing of a TRADEMARK ACTION (mg) |
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| 2 | 2
misc
Notice Regarding Assignment of Case
Tue 11/10 9:16 AM
NOTICE that this case has been assigned Hala Y. Jarbou ; with NOTICE OF DEFICIENCY re corporate disclosure statement (mg) |
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service
Summons Not Issued
Tue 11/10 9:18 AM
SUMMONS NOT ISSUED as to defendants Hearthside Grove Association, Holiday Vacation Rentals, L.L.C. (none provided) (mg) |
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| Thursday, November 05, 2020 | ||
| 1 | 1
cmp
Complaint
Thu 11/05 5:35 PM
COMPLAINT with jury demand against Hearthside Grove Association, Holiday Vacation Rentals, L.L.C. filed by FOMCO, L.L.C. (Standley, Jeffrey) |
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Att: 1
Exhibit A - Assumed Name Records,
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Att: 2
Exhibit B - Screenshots of the Hearthside Grove Website,
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Att: 3
Exhibit C - U.S. Trademark Registration No. 5,486,731,
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Att: 4
Exhibit D - U.S. Trademark Registration No. 5,296,563,
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Att: 5
Exhibit E - Screenshots of the Holiday Vacation Rentals Website,
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Att: 6
Exhibit F - Screenshots of the Hearthside Grove Association Website
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misc
Filing Fee (Civil Case) - Credit Card Payment
Thu 11/05 6:15 PM
FILING FEE PAID re1 by plaintiff FOMCO, L.L.C. in the amount of $400, receipt number AMIWDC-5895464 (Standley, Jeffrey) |
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