Byers et al v. Pinnacle Converting Equipment and Services LLC
| South Carolina District Court | |
| Judge: | Jacquelyn D Austin |
| Case #: | 0:23-cv-04775 |
| Nature of Suit | 365 Torts - Personal Injury - Product Liability |
| Cause | 28:1441 Notice of Removal-Product Liability |
| Case Filed: | Sep 25, 2023 |
| Terminated: | Oct 15, 2024 |
| Last checked: Saturday Mar 23, 2024 5:02 AM EDT |
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Cross Claimant
Pinnacle Converting Equipment And Services, LLC
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Represented By
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Cross Defendant
Bobkat Pinnacle, Inc.
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Defendant
Bobkat Pinnacle, Inc.
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Represented By
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Defendant
Pinnacle Converting Equipment And Services, LLC
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Represented By
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Plaintiff
Cheryl Byers
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Represented By
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Plaintiff
Robert Byers
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Represented By
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| Docket last updated: 3 hours ago |
| Tuesday, October 15, 2024 | ||
| 48 | 48
misc
Judgment
Tue 10/15 4:07 PM
JUDGMENT: judgment is entered in favor of the defendant and cross-defendant, Bobkat Pinnacle, Inc. The plaintiffs, Cheryl Byers and Robert Byers, shall take nothing of the defendant, Bobkat Pinnacle, Inc., and this action is dismissed with prejudice as to that defendant. (apsn) |
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| 47 | 47
1
pgs
order
Order
Tue 10/15 3:24 PM
ORDER DISMISSING CASE without costs and without prejudice to the right of either party, upon good cause shown within sixty (60) days, to reinstate the action if settlement is not consummated. Signed by Honorable Jacquelyn D. Austin on 10/15/2024. (apsn) |
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| Thursday, October 10, 2024 | ||
| 46 | 46
notice
Notice of Settlement
Thu 10/10 2:16 PM
NOTICE of Settlement and Request for Rubin Order by Bobkat Pinnacle, Inc., Pinnacle Converting Equipment And Services, LLC (Kendall, Everett) |
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| Thursday, September 26, 2024 | ||
| 44 | 44
9
pgs
order
Order on Motion for Judgment on the Pleadings
Thu 09/26 3:01 PM
OPINION AND ORDER:Bobkat' s motion for judgment on the pleadings Doc. 31 is GRANTED, and Plaintiffs' claims against Bobkat and Pinnacle's cross claim against Bobkat are dismissed with prejudice. Signed by Honorable Jacquelyn D. Austin on 9/26/2024.(apsn) |
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| Friday, August 16, 2024 | ||
| 43 | 43
order
Scheduling Order ~Util - Terminate Motions
Fri 08/16 3:12 PM
FOURTH AMENDED SCHEDULING ORDER Plaintiffs' ID of Expert Witness due by 12/27/2024, Defendants' ID of Expert Witnesses Due by 1/24/2025, Records Custodian Affidavit due by 2/14/2025, Discovery due by 3/14/2025, Motions due by 4/11/2025, case to be called during the July 2025 term of court, and Mediation Due by 3/21/2025, and Rule 56 Conference Deadline 4/4/2025. ( 42 Consent MOTION to Amend/Correct granted). Signed by the Honorable Jacquelyn D. Austin on August 16, 2024. (ahil, ) |
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| Thursday, August 15, 2024 | ||
| 42 | 42
motion
Amend/Correct
Thu 08/15 4:55 PM
Consent MOTION to Amend/Correct Scheduling Order by Cheryl Byers, Robert Byers. Response to Motion due by 8/29/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.(Newman, Graham) |
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| Friday, May 24, 2024 | ||
| 41 | 41
order
Confidentiality Order ~Util - Terminate Motions
Fri 05/24 1:50 PM
CONFIDENTIALITY ORDER. ( 39 Consent MOTION for Confidentiality Order granted.) Signed by the Honorable Jacquelyn D. Austin on May 24, 2024. (ahil) |
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| Wednesday, May 22, 2024 | ||
| 40 | 40
misc
Entry Deletion
Wed 05/22 3:46 PM
DELETION OF DOCKET ENTRY NUMBERS to 37 and 38 Reason: Refiled by filer to correct multiple errors. Corrected Filing Document Number39 . Modified filing date to that of original filing: 5/20/2024. Response due date modified to that of original filing: 6/3/2024 (ahil) |
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| Monday, May 20, 2024 | ||
| 39 | 39
motion
Confidentiality Order
Wed 05/22 11:17 AM
Consent MOTION for Confidentiality Order by Pinnacle Converting Equipment And Services, LLC. Response to Motion due by 6/3/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45.No proposed order.(Elliott, John) Modified on 5/22/2024 to correct original filing date and response due date. (ahil) |
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Att: 1
Proposed Order Confidentiality Order
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| 38 | 38
motion
Confidentiality Order
Mon 05/20 3:13 PM
Consent MOTION for Confidentiality Order by Pinnacle Converting Equipment And Services, LLC. Response to Motion due by 6/3/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45.No proposed order.(Elliott, John) |
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Att: 1
Supporting Documents Motion for Entry of Confidentiality Order
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| 37 | 37
motion
Confidentiality Order
Mon 05/20 2:34 PM
Consent MOTION for Confidentiality Order by Pinnacle Converting Equipment And Services, LLC. Response to Motion due by 6/3/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Elliott, John) |
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| Wednesday, April 17, 2024 | ||
| 36 | 36
order
Scheduling Order ~Util - Terminate Motions
Wed 04/17 4:10 PM
THIRD AMENDED SCHEDULING ORDER. Plaintiffs' ID of Expert Witness due by 8/28/2024, Defendants' ID of Expert Witnesses Due by 9/27/2024, Records Custodian Affidavit due by 10/11/2024, Discovery due by 11/8/2024, Motions due by 12/16/2024, Jury Selection Deadline 3/31/2025, Mediation Due by 11/15/2024, and Rule 56 Conference Deadline 12/2/2024. ( 35 Joint MOTION to Amend/Correct 23 Scheduling Order granted.) Signed by the Honorable Jacquelyn D. Austin on April 14, 2024. (ahil) |
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| Monday, April 15, 2024 | ||
| 35 | 35
motion
Amend/Correct
Mon 04/15 11:33 AM
Joint MOTION to Amend/Correct23 Scheduling Order,, by Bobkat Pinnacle, Inc.. Response to Motion due by 4/29/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.(Walker, Marshall) |
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| Monday, March 18, 2024 | ||
| 33 | 33
respm
Reply to Response to Motion
Mon 03/18 4:55 PM
REPLY to Response to Motion re31 MOTION for Judgment on the Pleadings Response filed by Bobkat Pinnacle, Inc..(Walker, Marshall) |
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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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| Monday, March 11, 2024 | ||
| 32 | 32
respm
Response in Opposition to Motion
Mon 03/11 5:15 PM
RESPONSE in Opposition re31 MOTION for Judgment on the Pleadings Response filed by Cheryl Byers, Robert Byers.Reply to Response to Motion due by 3/18/2024 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6.(Newman, Graham) |
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Att: 1
Exhibit A--Requests for Production,
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Att: 2
Exhibit B--Rule 56(d) Affidavit
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| Monday, February 26, 2024 | ||
| 31 | 31
motion
Judgment on the Pleadings
Mon 02/26 4:56 PM
MOTION for Judgment on the Pleadings by Bobkat Pinnacle, Inc.. Response to Motion due by 3/11/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45.No proposed order.(Walker, Marshall) |
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Att: 1
Memo in Support Memorandum in Support of Motion
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| Tuesday, February 13, 2024 | ||
| 30 | 30
misc
Case Reassigned CV
Tue 02/13 1:58 PM
Case Reassigned to Judge Honorable Jacquelyn D Austin. Judge Honorable Mary Geiger Lewis no longer assigned to the case. (dist, ) |
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| Tuesday, January 23, 2024 | ||
| 29 | 29
answer
Reply to Crossclaim
Tue 01/23 5:07 PM
REPLY to Crossclaim13 by Bobkat Pinnacle, Inc..(Walker, Marshall) |
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Att: 1
Exhibit Articles of Incorporation,
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Att: 2
Exhibit Articles of Amendment,
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Att: 3
Exhibit Articles of Dissolution,
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Att: 4
Exhibit Affidavit of Publication,
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Att: 5
Exhibit Asset Purhcase Agreement
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| Wednesday, January 17, 2024 | ||
| 28 | 28
misc
Reply Not to a Motion
Wed 01/17 2:24 PM
REPLY by Pinnacle Converting Equipment And Services, LLC to Standing Order Regarding Removed Cases . (Kendall, Everett) Modified to edit text on 1/17/2024 (cbru, ) |
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| Wednesday, January 10, 2024 | ||
| 27 | 27
order
Order ~Util - Set Deadlines
Wed 01/10 3:50 PM
TEXT ORDER: The parties' attention is directed to the Court's Standing Order Regarding All Removed Cases Assigned to Judge Mary Geiger Lewis, located on the District Court's website at http://www.scd.uscourts.gov/Forms/Special_Instructions/Lewis_Standing%20_Order_Regarding_Removed_Cases.pdf. Not later than seven days from the entry of this Text Order, Defendant(s) shall file the information mandated by the Order. IT IS SO ORDERED. Signed by Honorable Mary Geiger Lewis on 1/10/2024. (cbru, ) |
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| 26 | 26
discov
Local Rule 26.01 Answers to Interrogatories
Wed 01/10 12:30 PM
Amended Local Rule 26.01 Answers to Interrogatories by Bobkat Pinnacle, Inc..(Walker, Marshall) |
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| 25 | 25
order
Order
Wed 01/10 10:39 AM
TEXT ORDER: This case having been recently reassigned to the undersigned district judge, the parties' attention is hereby directed to the new controlling scheduling and mediation orders. IT IS SO ORDERED. Signed by Honorable Mary Geiger Lewis on 1/10/2024. (cbru, ) |
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| 24 | 24
order
Mediation Order
Wed 01/10 10:37 AM
MEDIATION ORDER. Signed by Honorable Mary Geiger Lewis on 1/10/2024. (cbru, ) |
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| 23 | 23
order
Scheduling Order
Wed 01/10 10:37 AM
SECOND AMENDED SCHEDULING ORDER: Motions to Amend Pleadings due by 4/1/2024, Plaintiff ID of Expert Witness due by 4/30/2024, Defendant ID of Expert Witnesses Due by 5/30/2024, Records Custodian Affidavit due by 5/30/2024, Discovery due by 7/29/2024, Motion in Limine due by 11/8/2024, Motions due by 8/13/2024, Rule 26(a)(3) Disclosures due by 10/28/2024, Jury Selection Deadline 12/2/2024, Mediation Due by 10/15/2024. Signed by Honorable Mary Geiger Lewis on 1/10/2024. (cbru, ) Modified to edit text on 1/10/2024 (cbru, ) |
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| Tuesday, January 09, 2024 | ||
| 22 | 22
misc
Entry Deletion
Tue 01/09 5:39 PM
DELETION OF DOCKET ENTRY NUMBER 14. Reason: Incorrect filing event used. Corrected Filing Document Number21 . Modified filing date to that of original filing: 12/19/2023. Response due date modified to that of original filing: N/A. (cbru, ) |
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| 20 | 20
notice
Notice Other
Tue 01/09 5:30 PM
CLERK'S NOTICE: Defendant Bobkat Pinnacle, Inc., is reminded that Local Rule 26.01 includes Interrogatory H to be answered in any action in which jurisdiction is based on diversity under 28 U.S.C. § 1332(a). Please file an answer to this interrogatory no later than January 23, 2024. (cbru, ) |
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| 18 | 18
discov
Local Rule 26.01 Answers to Interrogatories
Tue 01/09 4:40 PM
Local Rule 26.01 Answers to Interrogatories by Bobkat Pinnacle, Inc..(Walker, Marshall) |
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| 17 | 17
answer
Answer to Amended Complaint
Tue 01/09 4:36 PM
ANSWER to10 Amended Complaint by Bobkat Pinnacle, Inc.(Walker, Marshall) Modified to edit text on 1/9/2024 (cbru, ) |
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Att: 1
Exhibit 1 - Articles of Incorporation,
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Att: 2
Exhibit 2 - Articles of Amendment,
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Att: 3
Exhibit 3 - Articles of Dissolution,
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Att: 4
Exhibit 4 - Affidavit of Publication
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| 16 | 16
misc
Case Reassigned CV
Tue 01/09 2:23 PM
Case Reassigned to Judge Mary Geiger Lewis. Judge Terry L Wooten no longer assigned to the case. (suro, ) |
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| Wednesday, December 27, 2023 | ||
| 15 | 15
order
Scheduling Order
Wed 12/27 1:33 PM
AMENDED SCHEDULING ORDER Motions to Amend Pleadings due by 4/1/2024, Plaintiffs ID of Expert Witness due by 5/10/2024, Defendants ID of Expert Witnesses Due by 6/21/2024, Records Custodian Affidavit due by 10/4/2024, Discovery due by 9/20/2024, Motions due by 11/17/2024, Rule 26(a)(3) Disclosures due by 12/13/2024, Jury Selection Deadline 1/20/2025, Mediation Due by 12/13/2024, Signed by Honorable Terry L Wooten on 12/26/2023. (jpet, ) |
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| Tuesday, December 19, 2023 | ||
| 21 | 21
service
Summons Returned Executed - Complaint Served
Tue 01/09 5:38 PM
SUMMONS Returned Executed by Cheryl Byers, Robert Byers. Bobkat Pinnacle, Inc. served on 11/27/2023, answer due 12/18/2023. Refiled by the Clerk to correct event type. (cbru, ) |
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Att: 1
Affidavit of Service
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| 14 | 14
service
Certificate of Service
Tue 12/19 4:50 PM
CERTIFICATE OF SERVICE by Cheryl Byers ON BOBKAT PINNACLE INC. (Newman, Graham) |
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| Tuesday, December 12, 2023 | ||
| 13 | 13
cmp
Crossclaim Amended Answer to Complaint
Tue 12/12 3:43 PM
AMENDED ANSWER to Amended Complaint , CROSSCLAIM against Bobkat Pinnacle, Inc. by Pinnacle Converting Equipment and Services LLC. (Kendall, Everett) |
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| Tuesday, November 21, 2023 | ||
| 12 | 12
answer
Answer to Amended Complaint
Tue 11/21 11:38 AM
ANSWER to10 Amended Complaint by Pinnacle Converting Equipment and Services LLC.(Elliott, John) |
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| Tuesday, November 14, 2023 | ||
| 11 | 11
service
Summons Issued
Tue 11/14 1:04 PM
Summons Issued as to Bobkat Pinnacle, Inc.. (kbos) |
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| Friday, November 10, 2023 | ||
| 10 | 10
cmp
Amended Complaint
Fri 11/10 5:57 PM
AMENDED COMPLAINT against Pinnacle Converting Equipment and Services LLC, Bobkat Pinnacle, Inc., filed by Cheryl Byers, Robert Byers. Service due by 2/8/2024 (Newman, Graham) |
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Att: 1
Summons
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| Monday, November 06, 2023 | ||
| 8 | 8
discov
Rule 26(f) Report
Mon 11/06 3:59 PM
Joint Rule 26(f) Report by Pinnacle Converting Equipment and Services LLC.(Kendall, Everett) |
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| Monday, October 02, 2023 | ||
| 7 | 7
order
Scheduling Order
Mon 10/02 2:52 PM
SCHEDULING ORDER:Rule 26(f) Conference Deadline 10/23/2023, 26(a) Initial Disclosures due by 11/6/2023, Rule 26 Report due by 11/6/2023, Motions to Amend Pleadings due by 11/28/2023, Plaintiffs ID of Expert Witness due by 12/28/2023, Defendants ID of Expert Witnesses Due by 1/29/2024, Records Custodian Affidavit due by 7/2/2024, Discovery due by 5/17/2024, Motions due by 5/31/2024, Rule 26(a)(3) Disclosures due by 7/2/2024, Jury Selection Deadline 8/1/2024, Mediation Due by 7/2/2024, Signed by Honorable Terry L Wooten on October 2, 2023. (kbos) |
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| 6 | 6
notice
Notice of Appearance
Mon 10/02 12:50 PM
NOTICE of Appearance by Mark Dale Chappell, Sr on behalf of Cheryl Byers, Robert Byers (Chappell, Mark) |
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| Friday, September 29, 2023 | ||
| 5 | 5
discov
Local Rule 26.01 Answers to Interrogatories
Fri 09/29 3:46 PM
Plaintiffs' Local Rule 26.01 Answers to Interrogatories by Cheryl Byers.(Newman, Graham) |
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| 4 | 4
answer
Answer to Complaint
Fri 09/29 2:33 PM
ANSWER to Complaint by Pinnacle Converting Equipment and Services LLC.(Elliott, John) |
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| Monday, September 25, 2023 | ||
| 2 | 2
discov
Local Rule 26.01 Answers to Interrogatories
Wed 09/27 2:24 PM
Local Rule 26.01 Answers to Interrogatories by Pinnacle Converting Equipment and Services LLC.(kbos) |
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| 1 | 1
cmp
Notice of Removal
Wed 09/27 2:23 PM
NOTICE OF REMOVAL from Court of Common Pleas York County, case number 2023-CP 46-2534 (Filing fee $ 402 receipt number ASCDC-11337748), filed by Pinnacle Converting Equipment and Services LLC.(kbos) |
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Att: 1
State Court Documents
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