Youshaei v. MGH Institute of Health Professions
| Massachusetts District Court | |
| Judge: | Angel Kelley |
| Case #: | 1:24-cv-11290 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 29:754 Discrimination |
| Case Filed: | May 14, 2024 |
| Last checked: Sunday Nov 10, 2024 3:52 AM EST |
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Defendant
MGH Institute of Health Professions
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Represented By
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Plaintiff
Eli-Ran Youshaei
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Represented By
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GPO
May 16 2024
District Judge Angel Kelley: ORDER entered. Standing Order Regarding Motion Practice. (Horvath, Courtney) |
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GPO
Mar 17 2025
District Judge Angel Kelley: MEMORANDUM AND ORDER ON DEFENDANT MGH INSTITUTE OF HEALTH PROFESSIONS' PARTIAL MOTION TO DISMISS entered. For the reasons stated in the attached memorandum and order, Defendant MGH Institute of Health Professions' Renewed Partial Motion to Dismiss [Dkt. 23] is DENIED. (MAL) |
| Docket last updated: 04/24/2025 11:59 PM EDT |
| Wednesday, April 23, 2025 | ||
| 44 | 44
service
Certificate of Service pursuant to LR 5.2
Wed 04/23 4:08 PM
CERTIFICATE OF SERVICE pursuant to LR 5.2 by MGH Institute of Health Professions of Defendant's Rule 26(a)(1) Initial Disclosures . (Sassi, Joseph) |
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| 43 | 43
service
Certificate of Service pursuant to LR 5.2
Wed 04/23 3:39 PM
CERTIFICATE OF SERVICE pursuant to LR 5.2 by Eli-Ran Youshaei re Plaintiff's Rule 26(a)(1) Initial Disclosures . (Bogo-Ernst, Debra) |
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| Monday, April 14, 2025 | ||
| 42 | 42
answer
Answer to Amended Complaint
Mon 04/14 6:37 PM
ANSWER to22 Amended Complaint and Affirmative Defenses by MGH Institute of Health Professions.(Sassi, Joseph) |
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| Friday, April 04, 2025 | ||
| 41 | 41
order
Scheduling Order 1 - Terminate Hearings ~Util - Set Hearings
Fri 04/04 4:26 PM
District Judge Angel Kelley: ORDER entered. The Court ADOPTS the parties' proposed40 Joint Statement and all associated deadlines. The deadlines are as follows: SCHEDULING ORDER DEADLINES: Amendments to Pleadings: Except for good cause shown, no motions seeking leave to add new parties or to amend the pleadings to assert new claims or defenses may be filed after June 1, 2025 Fact Discovery Final Deadline: All discovery, other than expert discovery, must be completed by September 22, 2025 All trial experts other than experts relating to damages issues must be designated, the information contemplated by Fed. R. Civ. P. 26(a)(2) must be disclosed, and any expert reports must be served by October 22, 2025 All expert rebuttal reports other than expert rebuttal reports relating to damages issues must be served by November 12, 2025 All trial experts other than those relating to damages issues must be deposed by December 12, 2025 In the event that any of the parties determine that they may call an expert witness on damages at trial, the parties shall meet and confer to agree upon respective deadlines to make required disclosures under Fed. R. Civ. P. 26(a)(2) and deadlines by which any depositions of such witnesses shall be completed, with such meet and confer to take place within ten (10) days after a decision by the Court on any dispositive motion(s) and taking into account that a decision by the Court on any dispositive motion(s) could take several months Dispositive motions, such as motions for summary judgment and motions for judgment on the pleadings, must be filed by January 16, 2026 Oppositions to dispositive motions must be filed within 21 days of service of the motion Reply memoranda, not to exceed 10 pages, must be filed within 14 days after service of the opposition papers Sur-Reply memoranda are not permitted Please refer to Dkt. 40 for complete set of deadlines. NOTICE OF HEARING: Scheduling Conference previously set for 4/9/2025 is CANCELLED. Status Conference set for 6/25/2025 11:00 AM in Remote Proceeding : Boston before District Judge Angel Kelley. (MAL) |
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| Wednesday, April 02, 2025 | ||
| 40 | 40
misc
Joint statement re scheduling conference
Wed 04/02 3:19 PM
JOINT STATEMENT re scheduling conference (JOINT STATEMENT PURSUANT TO FED. R. CIV. P. 16(b) AND LOCAL RULE 16.1(f)) . (Bogo-Ernst, Debra) |
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| Tuesday, March 25, 2025 | ||
| 39 | 39
order
Order on Motion for Extension of Time to Answer
Tue 03/25 11:21 AM
District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING 38 MOTION for Extension of Time to File Answer to Amended Complaint (Unopposed). MGH Institute of Health Professions answer due 4/14/2025. (CEH) |
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| Monday, March 24, 2025 | ||
| 38 | 38
motion
Extension of Time to File Answer
Mon 03/24 4:54 PM
MOTION for Extension of Time to File Answer to Amended Complaint (Unopposed) by MGH Institute of Health Professions.(Sassi, Joseph) |
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| 37 | 37
notice
Notice of Scheduling Conference
Mon 03/24 8:33 AM
NOTICE of Scheduling Conference: The parties are directed to consult and submit an agreed-upon pretrial schedule, as per the attached sample, no later than 7 days before the Scheduling Conference. If the Court finds parties' proposed deadlines reasonable or requires only minor adjustments, it may enter a scheduling order in lieu of holding the scheduling conference. Otherwise, Scheduling Conference set for 4/9/2025 12:00 PM in Remote Proceeding : Boston before District Judge Angel Kelley. (MAL) |
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| Monday, March 17, 2025 | ||
| 36 | 36
14
pgs
order
Order on Motion to Dismiss
Mon 03/17 6:08 PM
District Judge Angel Kelley: MEMORANDUM AND ORDER ON DEFENDANT MGH INSTITUTE OF HEALTH PROFESSIONS' PARTIAL MOTION TO DISMISS entered. For the reasons stated in the attached memorandum and order, Defendant MGH Institute of Health Professions' Renewed Partial Motion to Dismiss [Dkt. 23] is DENIED . (MAL) |
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| Friday, February 07, 2025 | ||
| 35 | 35
order
Order on Motion to Continue
Fri 02/07 10:19 AM
District Judge Angel Kelley: ELECTRONIC ORDER entered DENYING as moot re33 Motion to Continue Hearing. (MAL) |
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| 34 | 34
notice
Notice Cancelling Hearing
Fri 02/07 10:18 AM
ELECTRONIC NOTICE Canceling Hearing. Motion Hearing previously scheduled for February 19, 2025 is CANCELLED. The hearing will be rescheduled if the Court determines it is necessary. (MAL) |
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| Tuesday, February 04, 2025 | ||
| 33 | 33
motion
Continue
Tue 02/04 10:03 PM
Consent MOTION to Continue Hearing on Defendant's Motion to Dismiss to March 4, 2025 or March 7, 2025 by Eli-Ran Youshaei.(Bogo-Ernst, Debra) |
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| Monday, February 03, 2025 | ||
| 32 | 32
notice
Notice Setting or Resetting Hearing on Motion
Mon 02/03 11:19 AM
ELECTRONIC NOTICE Setting Hearing on Motion23 MOTION to Dismiss Renewed Partial : Motion Hearing set for 2/19/2025 10:30 AM in Courtroom 8 (In person only) before District Judge Angel Kelley. (MAL) |
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| Friday, October 25, 2024 | ||
| 31 | 31
order
Order on Motion to Dismiss for Failure to State a Claim
Fri 10/25 2:33 PM
District Judge Angel Kelley: ELECTRONIC ORDER entered FINDING AS MOOT 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Partial Motion to Dismiss). (Horvath, Courtney) |
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| Tuesday, September 03, 2024 | ||
| 30 | 30
respm
Reply to Response to Motion
Tue 09/03 2:33 PM
REPLY to Response to23 MOTION to Dismiss Renewed Partial Motion to Dismiss filed by MGH Institute of Health Professions. (Sassi, Joseph) |
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| Thursday, August 29, 2024 | ||
| 29 | 29
order
Order on Motion for Leave to File Document
Thu 08/29 1:42 PM
District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING 28 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Lara, Miguel) |
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| Wednesday, August 21, 2024 | ||
| 28 | 28
motion
Leave to File Document
Wed 08/21 2:46 PM
Assented to MOTION for Leave to File a Reply by MGH Institute of Health Professions.(Sassi, Joseph) |
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| 27 | 27
notice
Notice of Appearance
Wed 08/21 2:42 PM
NOTICE of Appearance by Joseph P. Sassi on behalf of MGH Institute of Health Professions (Sassi, Joseph) |
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| 26 | 26
notice
Notice of Appearance
Wed 08/21 2:27 PM
NOTICE of Appearance by Joseph P. Sassi on behalf of MGH Institute of Health Professions (Sassi, Joseph) |
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| Monday, August 19, 2024 | ||
| 25 | 25
22
pgs
respm
Memorandum in Opposition to Motion
Mon 08/19 3:49 PM
MEMORANDUM in Opposition re23 MOTION to Dismiss Renewed Partial ,18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Partial Motion to Dismiss) (PLAINTIFFS MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANTS PARTIAL MOTION TO DISMISS) filed by Eli-Ran Youshaei. (Bogo-Ernst, Debra) |
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| Monday, August 12, 2024 | ||
| 24 | 24
20
pgs
respm
Memorandum in Support of Motion
Mon 08/12 3:51 PM
MEMORANDUM in Support re23 MOTION to Dismiss Renewed Partial filed by MGH Institute of Health Professions. (Manousos, Gregory) |
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| 23 | 23
motion
Dismiss
Mon 08/12 3:50 PM
MOTION to Dismiss Renewed Partial by MGH Institute of Health Professions.(Manousos, Gregory) |
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| Monday, August 05, 2024 | ||
| 22 | 22
cmp
Amended Complaint
Mon 08/05 9:48 AM
AMENDED COMPLAINT (Verified) against MGH Institute of Health Professions, filed by Eli-Ran Youshaei.(Bogo-Ernst, Debra) |
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| Thursday, July 25, 2024 | ||
| 21 | 21
order
Order on Motion for Extension of Time to File
Thu 07/25 3:52 PM
District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING 20 MOTION for Extension of Time to August 19, 2024 to File Opposition to Partial Motion to Dismiss (Unopposed). (Horvath, Courtney) |
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| Tuesday, July 23, 2024 | ||
| 20 | 20
motion
Extension of Time to File Document
Tue 07/23 5:28 PM
MOTION for Extension of Time to August 19, 2024 to File Opposition to Partial Motion to Dismiss (Unopposed) by John Doe.(Bogo-Ernst, Debra) |
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| Monday, July 15, 2024 | ||
| 19 | 19
20
pgs
respm
Memorandum in Support of Motion
Mon 07/15 4:17 PM
MEMORANDUM in Support re18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Partial Motion to Dismiss) filed by MGH Institute of Health Professions. (Manousos, Gregory) |
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| 18 | 18
motion
Dismiss for Failure to State a Claim
Mon 07/15 4:15 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Partial Motion to Dismiss) by MGH Institute of Health Professions.(Manousos, Gregory) |
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| Thursday, July 11, 2024 | ||
| 17 | 17
order
Order on Motion for Miscellaneous Relief
Thu 07/11 2:17 PM
District Judge Angel Kelley: ELECTRONIC ORDER entered. Plaintiff is a physical therapy student at MGH Institute of Health Professions who brought this action alleging he was subjected to Defendant?s ?anti-Semitic, anti-Israeli, and anti-Middle Eastern prejudices? and retaliatory conduct against him. [Dkt. 1 at 2]. Plaintiff now moves to proceed by pseudonym, arguing that he should be allowed to proceed under a pseudonym because, due to the political climate since October 2023, Plaintiff would otherwise be at risk of facing harassment, intimidation, threats, and even violence. [Dkt. 4 at 5]. Plaintiff also argues that his anonymity is necessary to prevent a chilling effect on similarly situated litigants. [ Id. at 6]. The Federal Rules of Civil Procedure state that ?[t]he title of the complaint must name all of the parties.? Fed. R. Civ. P. 10(a). However, a court has ?the discretion to allow a party to proceed pseudonymously in circumstances where that party ?has a substantial privacy right which outweighs the customary and constitutionally-embedded presumption of openness in judicial proceedings.?? Doe v. W. New England Univ. , No. CV 3 19-30124 TSH, 2019 WL 10890195, at *1 (D. Mass. Dec. 16, 2019) (quoting Doe v. Bell Atl. Bus. Sys. Servs., Inc. , 162 F.R.D. 418, 420 (D. Mass. 1995)). Nevertheless, ?the presumption against pseudonymity... is a ?polic[y] intrinsic to the litigation process.?? Doe v. Massachusetts Inst. of Tech. , 46 F.4th 61, 68 (1st Cir. 2022) (quoting Thomas v. Arn , 474 U.S. 140, 147 n.5 (1985)). In Doe v. Massachusetts Inst. of Tech ., the First Circuit formulated ?four general categories of exceptional cases in which party anonymity ordinarily? would be justified. 46 F.4th 61, 71 (1st Cir. 2022). First, cases ?involv[ing] a would-be Doe who reasonably fears that coming out of the shadows would cause [them] unusually severe harm (either physical or psychological)?; second, ?cases in which identifying the would-be Doe would harm ?innocent non-parties??; third, ?cases in which anonymity is necessary to forestall a chilling effect on future litigants who may be similarly situated;? and fourth, ?suits that are bound up with a prior proceeding made confidential by law.? Id. If the case before a district court does not fit into one of those four categories, ?the presumption against pseudonymous litigation will prevail.? Doe v. Town of Lisbon , 78 F.4th 38, 46 (1st Cir. 2023). Plaintiff argues that this case falls under the first and third categories, but the Court disagrees. First, Plaintiff?s assertion that the disclosure of his identity would mean he would face risking severe harm is not ??sufficiently particularized to overcome the public interest in open judicial proceedings.?? Doe v. Word of Life Fellowship, Inc. , No. 11-40077 TSH, 2011 WL 2968912, at *2 (D. Mass. July 18, 2011) (quoting Doe v. Smith , 189 F.R.D. 239, 246 (E.D.N.Y.1998)). Plaintiff states that there has been a surge in anti-Semitism in the United States since October 2023, which the Court does not question, yet Plaintiff fails to establish how nationwide or geopolitical events directly affect him as a plaintiff or the claims he raises in this case. Similarly, Plaintiff fails to establish how his anonymity would prevent a chilling effect on future litigants who make discrimination claims. Ultimately, Plaintiff relies on conclusory allegations to support his argument, and the Court declines to find these allegations sufficient to overcome the public interest in disclosure. Accordingly, Plaintiff?s [Dkt. 4] Motion to Proceed Under a Pseudonym is DENIED . Plaintiff is ordered to file an amended complaint under his real identity by August 5, 2024, or this Court will dismiss. (Horvath, Courtney) |
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| Monday, June 03, 2024 | ||
| 16 | 16
notice
Notice of Appearance
Mon 06/03 11:25 AM
NOTICE of Appearance by Zaina Fontane on behalf of John Doe (Fontane, Zaina) |
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| Thursday, May 30, 2024 | ||
| 15 | 15
notice
Notice of Appearance
Thu 05/30 7:34 PM
NOTICE of Appearance by Benjamin Ryberg on behalf of John Doe (Ryberg, Benjamin) |
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| 14 | 14
notice
Notice of Appearance
Thu 05/30 5:31 PM
NOTICE of Appearance by Amanda Nicole Wigler on behalf of John Doe (Wigler, Amanda) |
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| 13 | 13
notice
Notice of Appearance
Thu 05/30 5:26 PM
NOTICE of Appearance by Debra Bogo-Ernst on behalf of John Doe (Bogo-Ernst, Debra) |
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| 12 | 12
respm
Opposition to Motion
Thu 05/30 3:53 PM
Opposition re4 MOTION Proceed by Pseudonym filed by MGH Institute of Health Professions. (Manousos, Gregory) |
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| 11 | 11
notice
Notice of Appearance
Thu 05/30 3:51 PM
NOTICE of Appearance by Gregory A. Manousos on behalf of MGH Institute of Health Professions (Manousos, Gregory) |
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| Thursday, May 23, 2024 | ||
| 10 | 10
order
Order on Motion for Leave to Appear
Thu 05/23 10:36 AM
District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING 2 Motion for Leave to Appear Pro Hac Vice Added Debra Bogo-Ernst, Zaina Fontane, Amanda Wigler, and Benjamin Ryberg. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected. Pro Hac Vice Admission Request Instructions [LINK:https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm] . A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Horvath, Courtney) |
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| Friday, May 17, 2024 | ||
| 9 | 9
service
Waiver of Service Executed
Fri 05/17 8:35 AM
WAIVER OF SERVICE Returned Executed by John Doe. MGH Institute of Health Professions waiver sent on 5/16/2024, answer due 7/15/2024. (Abrams, David) |
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| Thursday, May 16, 2024 | ||
| 8 | 8
4
pgs
order
Order
Thu 05/16 12:24 PM
District Judge Angel Kelley: ORDER entered. Standing Order Regarding Motion Practice. (Horvath, Courtney) |
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| 7 | 7
misc
Exhibit
Thu 05/16 11:48 AM
EXHIBIT re1 Complaint, Refiled with Redactions by John Doe. (Abrams, David) |
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| Wednesday, May 15, 2024 | ||
| 6 | 6
service
Summons Issued
Wed 05/15 9:12 AM
Summons Issued as to MGH Institute of Health Professions. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Horvath, Courtney) |
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| 5 | 5
notice
Notice of Case Assignment
Wed 05/15 8:53 AM
ELECTRONIC NOTICE of Case Assignment. District Judge Angel Kelley assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Paul G. Levenson. (Kinsella, Jaylannie) |
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| Tuesday, May 14, 2024 | ||
| 4 | 4
motion
Miscellaneous Relief
Tue 05/14 5:03 PM
MOTION Proceed by Pseudonym by John Doe.(Abrams, David) |
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Att: 1
Affidavit John Doe Declaration,
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Att: 2
Text of Proposed Order Proposed Order
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| 3 | 3
misc
Proposed Documents Submitted to the Court
Tue 05/14 4:55 PM
Proposed Document(s) submitted by John Doe. Document received: Proposed Summons. (Abrams, David) |
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| 2 | 2
motion
Appear Pro Hac Vice
Tue 05/14 4:52 PM
MOTION for Leave to Appear Pro Hac Vice for admission of Debra Bogo-Ernst; Zaina Fontane; Amanda Wigler; Benjamin Ryberg Filing fee: $ 500, receipt number AMADC-10416585 by John Doe.(Abrams, David) |
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Att: 1
Affidavit Bogo-Ernst Declaration,
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Att: 2
Affidavit Fontaine Declaration,
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Att: 3
Affidavit Wigler Declaration,
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Att: 4
Affidavit Ryberg Declaration
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| 1 | 1
cmp
Complaint
Tue 05/14 4:40 PM
COMPLAINT against John Doe Filing fee: $ 405, receipt number AMADC-10416535 (Fee Status: Filing Fee paid), filed by John Doe.(Abrams, David) |
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Att: 1
Exhibit Exhibit 1,
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Att: 2
Exhibit Exhibit 2,
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Att: 3
Exhibit Exhibit 3,
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Att: 4
Civil Cover Sheet Civil Cover Sheet,
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Att: 5
Category Form Local Category Sheet
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