Docket 01:12:2011

CM/ECF - Live Database - flsd 12/01/2012 13:57

AMS,MEDIATION,REF_DISCOV

U.S. District Court
Southern District of Florida (Miami)
CIVIL DOCKET FOR CASE #: 1:11-cv-20120-PAS

Bujduveanu v. Ginspert et al Date Filed: 01/12/2011
Assigned to: Judge Patricia A. Seitz Jury Demand: Plaintiff
Referred to: Magistrate Judge Andrea M. Simonton Nature of Suit: 380 Personal Property:
Cause: 28:1346 Tort Claim Other
Jurisdiction: Federal Question
Plaintiff
Traian Bujduveanu represented by Traian Bujduveanu
5601 W Broward Blvd.
Plantation, FL 33317
954-316-3828
PRO SE

V.
Defendant
Ana Ginspert represented by David Scott Chaiet
Eisinger, Brown, Lewis & Frankel, PA
4000 Hollywood Boulevard
Suite 265-S
Hollywood, FL 33021-6755
954-894-8000
Fax: 894-8015
Email: dchaiet@peplawyers.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Dismas Charities, Inc. represented by David Scott Chaiet
(See above for address)
LEAD ATTORNEY

Defendant
Derek Thomas represented by David Scott Chaiet
LEAD ATTORNEY

Defendant
Adams Leshota represented by David Scott Chaiet

https://ecf.flsd.uscourts.gov/cgi-bin/DktRpt.pl?256778517116004-L_1_0-1 Page 1 of 8


LEAD ATTORNEY

Date Filed # Docket Text
01/12/2011 1 MOTION for Return of Property against Dismas Charities, Inc., Ana Ginspert.
Filing fee $ 350.00 WAIVED, filed by Traian Bujduveanu. (Attachments: # 1
Appendix)(jc) Modified text on 1/25/2011 (jc). (Entered: 01/12/2011)
01/12/2011 2 Judge Assignment RE: Electronic Complaint to Senior Judge William M. Hoeveler
(jc) (Entered: 01/12/2011)
01/12/2011 3 Clerks Notice of Magistrate Judge Assignment to Magistrate Judge Patrick A.
White. Pursuant to Administrative Order 2003-19 for a ruling on all pre-trial, non-
dispositive matters and for a Report and Recommendation on any dispositive
matters. (jc) (Entered: 01/12/2011)
01/13/2011 4 CLERKS NOTICE REASSIGNING CASE. Case reassigned to Judge Patricia A.
Seitz for all further proceedings. Senior Judge William M. Hoeveler no longer
assigned to case (jc) (Entered: 01/13/2011)
01/25/2011 5 Clerks Notice of Receipt of Filing Fee received on 5/10/2011 in the amount of $
350.00, receipt number FLS100018500. See docket entry # 27 for image. Modified
text on 7/7/2011 (jc). (Entered: 01/25/2011)
350.00, receipt number FLS100018500. See docket entry # 27 for image. (jc)
Modified text on 7/7/2011 (jc). (Entered: 01/26/2011)
01/28/2011 7 Correction: Wrong docket event used re: DE# 5 & 6 . Clerks Notice of receipt:
Filing Fee of $350.00 . (jmd) (Entered: 01/28/2011)
01/31/2011 8 MOTION to Appoint Counsel by Traian Bujduveanu. Responses due by 2/17/2011
(jc) (Entered: 01/31/2011)
02/03/2011 9 Clerks Notice of Reassignment of Magistrate Judge to Paired Judge John J.
O'Sullivan. Magistrate Judge Patrick A. White no longer assigned to case per his
chambers. Motions referred to John J. O'Sullivan. (vp) (Entered: 02/03/2011)
02/03/2011 10 ORDER of Reference to Magistrate Judge John J. O'Sullivan for Pretrial
Proceedings. Signed by Judge Patricia A. Seitz on 2/3/2011. (asl) (Entered:
02/03/2011)
02/03/2011 11 Order Requiring Joint Scheduling Report -Joint Scheduling Report due by
4/19/2011. Signed by Judge Patricia A. Seitz on 2/3/2011. (asl) (Entered:
02/03/2011)
02/03/2011 12 ORDER OF INSTRUCTIONS TO PRO SE LITIGANT. Signed by Judge Patricia
A. Seitz on 2/3/2011. (asl) (Entered: 02/04/2011)
03/25/2011 13 MOTION for the Appointment of Counsel by Traian Bujduveanu. Responses due by
4/11/2011 (asl) (system updated) (Entered: 03/28/2011)
03/28/2011 14 AMENDED COMPLAINT of Damages against Dismas Charities, Inc., Ana



Ginspert, Derek Thomas, Adams Leshota, filed by Traian Bujduveanu.(asl)
(Entered: 03/29/2011)
03/29/2011 15 Summons Issued as to Ana Ginspert. (asl) (Entered: 03/29/2011)
03/29/2011 16 Summons Issued as to Dismas Charities, Inc. (asl) (Entered: 03/29/2011)
03/30/2011 SYSTEM ENTRY - Docket Entry 17 restricted/sealed until further notice. (sk)
(Entered: 03/30/2011)
03/30/2011 18 Clerks Notice of Docket Correction re 17 ORDER denying 8 Motion to Appoint
Counsel; denying 13 Motion to Appoint Counsel.. Document Restricted Due to
Error; The correct document has been attached to this notice. (sk) (Entered:
03/30/2011)
04/05/2011 19 Case Reassignment of Paired Magistrate Judge pursuant to Administrative Orders
2010-145 and 2011-18 to Magistrate Judge Andrea M. Simonton. Magistrate Judge
John J. O'Sullivan no longer assigned to case. (dm) (Entered: 04/05/2011)
04/06/2011 20 Summons Issued as to Adams Leshota, Derek Thomas. (asl) (Entered: 04/06/2011)
04/12/2011 21 MOTION for Reconsideration of 18 Plaintiff's Motion to Appoint Counsel by Traian
Bujduveanu. (asl) (Entered: 04/14/2011)
04/12/2011 22 MOTION for Extension of Time to File the Joint Scheduling Report by Traian
Bujduveanu. Responses due by 4/29/2011 (asl) (Entered: 04/14/2011)
04/26/2011 23 CIVIL RULE 4 AFFIDAVIT signed by : Traian Bujduveanu. by Traian Bujduveanu
(asl) (Entered: 04/26/2011)
05/02/2011 24 ORDER Requiring Filing Fee or filing of Motion to Proceed In Forma Pauperis.
Filing Fee or Motion due by 5/16/2011. Signed by Magistrate Judge Andrea M.
Simonton on 5/2/2011. (mmn) (Entered: 05/02/2011)
05/03/2011 25 AFFIDAVIT Florida Civil Rule 1.070 signed by : Traian Bujduveanu. by Traian
Bujduveanu (asl) (Entered: 05/04/2011)
05/04/2011 26 MOTION to Dismiss 14 Amended Complaint by Dismas Charities, Inc., Ana
Ginspert, Adams Leshota, Derek Thomas. Responses due by 5/23/2011 (Chaiet,
David) (Entered: 05/04/2011)
350.00, receipt number FLS100018500 (jua) (Entered: 05/10/2011)
05/12/2011 28 ORDER Denying Motion to Reconsider and Granting in Part Motion for Extension
of Time; re 21 Motion for Reconsideration ; re 22 Motion for Extension of Time.
Joint Scheduling Report due 5/20/11. Signed by Judge Patricia A. Seitz on
5/12/2011. (asl) (Entered: 05/12/2011)
05/19/2011 29 (STRICKEN by DE# 40.)SCHEDULING REPORT - Rule 26(f) by Dismas
Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas (Chaiet, David)
Modified to reflect "stricken" on 6/6/2011 (wc). (Entered: 05/19/2011)
05/20/2011 30 (STRICKEN by DE# 40.)JOINT SCHEDULING REPORT - Rule 26(f) by Traian
Bujduveanu (jua) Modified to reflect "stricken" on 6/6/2011 (wc). (Entered:
05/20/2011)



05/20/2011 31 JOINT SCHEDULING REPORT - Rule 26(f) by Traian Bujduveanu, Dismas
Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas (jua) (Entered:
05/20/2011)
05/23/2011 32 MOTION for Appointment of Pro Bono Counsel by Traian Bujduveanu. Responses
due by 6/9/2011 (jua) (Entered: 05/24/2011)
05/24/2011 33 MOTION to Strike 26 MOTION to Dismiss and Incorporated Memorandum of Law
in Support by Traian Bujduveanu. Responses due by 6/10/2011 (jua) (Entered:
05/24/2011)
05/24/2011 34 MOTION to Strike 30 SCHEDULING REPORT - Rule 26(f)/16.1 by Traian
Bujduveanu. Responses due by 6/10/2011 (jua) (Entered: 05/24/2011)
05/25/2011 35 RESPONSE to Motion re 34 MOTION to Strike 30 SCHEDULING REPORT -
Rule 26(f)/16.1 filed by Dismas Charities, Inc., Ana Ginspert, Adams Leshota,
Derek Thomas. Replies due by 6/6/2011. (Chaiet, David) (Entered: 05/25/2011)
05/26/2011 36 ENDORSED ORDER regarding 33 Plaintiff's Motion to Strike Defendants' Motion
to Dismiss. Plaintiff's Motion to Strike shall be treated as Plaintiff's Response to 26
Defendants' Motion to Dismiss. If Plaintiff wishes to supplement his Response in
light of this Order, he shall do so on or before Monday, June 6, 2011. Any reply of
Defendants shall be due on or before Thursday, June 16, 2011. Signed by Magistrate
Judge Andrea M. Simonton on 5/26/2011. (mmn) (Entered: 05/26/2011)
05/26/2011 Set/Reset Deadlines as to 26 MOTION to Dismiss 14 Amended Complaint.
Plaintiff's Supplement to Response due by 6/6/2011. Defendants' Replies due by
6/16/2011. (See DE# 36.) (wc) (Entered: 05/27/2011)
05/31/2011 37 RESPONSE in Opposition re 32 MOTION to Appoint Counsel filed by Dismas
Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas. (Chaiet, David)
(Entered: 05/31/2011)
06/01/2011 38 SUPPLEMENT RESPONSE re 26 MOTION to Dismiss 14 Amended Complaint
filed by Traian Bujduveanu. Replies due by 6/13/2011. (jua) (Entered: 06/01/2011)
06/02/2011 39 REPLY to Response to Motion re 33 MOTION to Strike 26 MOTION to Dismiss 14
Amended Complaint filed by Dismas Charities, Inc., Ana Ginspert, Adams Leshota,
Derek Thomas. (Chaiet, David) (Entered: 06/02/2011)
06/06/2011 40 ENDORSED ORDER granting 34 Plaintiff's Motion to Strike Document from the
Docket, based upon 35 Defendants' Response, which indicates that Defendants do
not oppose Plaintiff's Motion. A review of the docket sheet reflects that each party
initially filed a Scheduling Report that had not been signed by the opposing party.
These Scheduling Reports are contained in docket entries 29 and 30 . Thereafter, 31
the Joint Scheduling Report signed by both parties was filed. Therefore, docket entry
31 shall de deemed the effective Joint Scheduling Report in this case. The Court
strikes 29 and 30 , the two previously filed unilateral Scheduling reports. Signed by
Magistrate Judge Andrea M. Simonton on 6/6/2011. (mmn) (Entered: 06/06/2011)
06/06/2011 41 SECOND SUPPLEMENT RESPONSE to 26 MOTION to Dismiss 14 Amended
Complaint filed by Traian Bujduveanu. Replies due by 6/16/2011. (jua) (Entered:
06/07/2011)
06/08/2011 42 ORDER Denying Motion for Appointment of Pro Bono Counsel; re 32 Motion to



Appoint Counsel. Signed by Judge Patricia A. Seitz on 6/8/2011. (asl) (Entered:
06/08/2011)
06/20/2011 43 ORDER REFERRING MOTION to Magistrate Judge Andrea M. Simonton: 26
MOTION to Dismiss 14 Amended Complaint filed by Derek Thomas, Dismas
Charities, Inc., Adams Leshota, Ana Ginspert. Motions referred to Andrea M.
Simonton. Signed by Judge Patricia A. Seitz on 6/20/2011. (asl) (Entered:
06/20/2011)
06/29/2011 44 SCHEDULING ORDER: Pretrial Conference set for 5/24/2012 09:00 AM in Miami
Division before Judge Patricia A. Seitz. Jury Trial set for 6/18/2012 10:00 AM in
Miami Division before Judge Patricia A. Seitz. Calendar Call set for 6/13/2012
01:15 PM in Miami Division before Judge Patricia A. Seitz. Discovery due by
12/16/2011. Dispositive Motions due by 12/16/2011. Pretrial Stipulation due by
5/16/2012. ORDER REFERRING CASE to Magistrate Judge Andrea M. Simonton
for Discovery Matters. Signed by Judge Patricia A. Seitz on 6/29/2011. (lw)
(Entered: 06/29/2011)
06/29/2011 45 ORDER REFERRING CASE to Mediation. Mediation Deadline 12/30/2011. Signed
by Judge Patricia A. Seitz on 6/29/2011. (lw) (Entered: 06/29/2011)
07/14/2011 46 ORDER TO SHOW CAUSE. Notice of Selection of Mediator and Show Cause
Response due by 7/25/2011. Signed by Judge Patricia A. Seitz on 7/14/2011. (asl)
(Entered: 07/14/2011)
07/14/2011 47 Request for Clerk to Appoint Mediator(jua) (Entered: 07/14/2011)
07/14/2011 48 NOTICE of Mediator Selection: Lance J. Wogalter added. (See DE 47 for image)
(jua) (Entered: 07/15/2011)
07/15/2011 49 Clerks Notice re 47 Request for Clerk to Appoint Mediator. ERROR - wrong event
selected. The document was re-docketed by the Clerk, see [de#48]. (jua) (Entered:
07/15/2011)
08/05/2011 50 MOTION for the Production of Documents and Electronically Stored Information,
Under Rule 34 by Traian Bujduveanu. (jua) (Entered: 08/05/2011)
08/08/2011 51 GENERAL ORDER ON DISCOVERY OBJECTIONS. Signed by Magistrate Judge
Andrea M. Simonton on 8/8/2011. (mmn) (Entered: 08/08/2011)
08/10/2011 52 ORDER denying, without prejudice, 50 Plaintiff's Motion for the Production of
Documents and Electronically Stored Informations, Under Rule 34. Signed by
Magistrate Judge Andrea M. Simonton on 8/10/2011. (mmn) (Entered: 08/10/2011)
08/30/2011 53 MOTION to Compel Production of Documents and Electronically Stored
Informations by Traian Bujduveanu. Responses due by 9/16/2011 (ar2) (Entered:
08/30/2011)
08/31/2011 54 ORDER Requiring Compliance With Prior Order re 45 Order Referring Case to
Mediation, ( Mediation Deadline 9/6/2011). Signed by Judge Patricia A. Seitz on
8/31/2011. (asl) (Entered: 08/31/2011)
09/01/2011 55 NOTICE of Compliance with Mediation Order by Dismas Charities, Inc., Ana
Ginspert, Adams Leshota, Derek Thomas re 54 Order, Set/Reset Deadlines
(Attachments: # 1 Exhibit Proposed Order Mediation)(Chaiet, David) (Entered:
09/01/2011)


09/01/2011 56 ORDER Setting Mediation before Lance Wogalter, P.A. Mediation Hearing set for
11/1/2011 10:30 AM. Signed by Judge Patricia A. Seitz on 9/1/2011. (asl) (Entered:
09/01/2011)
09/09/2011 57 RESPONSE in Opposition re 53 MOTION to Compel Production of Documents and
Electronically Stored Informations, 50 MOTION to Produce Documents filed by
Dismas Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas.
(Attachments: # 1 Exhibit)(Chaiet, David) (Entered: 09/09/2011)
09/16/2011 58 MOTION to Compel Second Request for Production of Documents, First and
Second Set of Interrogatories by Traian Bujduveanu. Responses due by 10/3/2011
(jua) (Entered: 09/16/2011)
09/28/2011 59 RESPONSE in Opposition re 58 MOTION to Compel Second Request for
Production of Documents, First and Second Set of Interrogatories filed by Dismas
Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas. (Chaiet, David)
(Entered: 09/28/2011)
10/03/2011 60 MOTION to Strike 59 RESPONSE in Opposition re 58 MOTION to Compel
Second Request for Production of Documents, First and Second Set of
Interrogatories by Traian Bujduveanu. Responses due by 10/20/2011 (jua) (Entered:
10/03/2011)
10/04/2011 61 MOTION to Supplement re 58 MOTION to Compel Second Request for Production
of Documents, First and Second Set of Interrogatories by Traian Bujduveanu. (jua)
(Entered: 10/04/2011)
10/07/2011 62 RESPONSE in Opposition re 60 MOTION to Strike 59 Response in Opposition to
Motion filed by Dismas Charities, Inc., Ana Ginspert, Adams Leshota, Derek
Thomas. (Chaiet, David) (Entered: 10/07/2011)
10/07/2011 63 RESPONSE in Opposition re 61 MOTION to Supplement re 58 MOTION to
Compel Second Request for Production of Documents, First and Second Set of
Interrogatories filed by Dismas Charities, Inc., Ana Ginspert, Adams Leshota,
Derek Thomas. (Chaiet, David) (Entered: 10/07/2011)
10/12/2011 64 MOTION to Strike DE [53,58,60,61] ( Responses due by 10/31/2011), MOTION to
Stay ( Responses due by 10/31/2011), MOTION for Sanctions by Dismas Charities,
Inc., Ana Ginspert, Adams Leshota, Derek Thomas. (Chaiet, David) Modified added
linkon 10/13/2011 (tp). (Entered: 10/12/2011)
10/13/2011 65 Clerks Notice to Filer re 64 MOTION to Strike MOTION to Stay MOTION for
Sanctions . Document Not Linked; ERROR - The filed document was not linked to
the related docket entry. The correction was made by the Clerk. It is not necessary to
refile this document. (tp) (Entered: 10/13/2011)
10/18/2011 66 BRIEF IN RESPONSE to Motion re 64 MOTION to Strike DE [53,58,60,61],
Motion to Stay filed by Traian Bujduveanu. Replies due by 10/28/2011. (jua)
(Entered: 10/18/2011)
10/24/2011 67 REPLY to Response to Motion re 64 MOTION to Strike MOTION to Stay
MOTION for Sanctions filed by Dismas Charities, Inc., Ana Ginspert, Adams
Leshota, Derek Thomas. (Chaiet, David) (Entered: 10/24/2011)
11/04/2011 68 FINAL REPORT of Mediation by Lance J. Wogalter. Disposition: Impasse.


(Wogalter, Lance) (Entered: 11/04/2011)

11/18/2011 69 REPORT of Mediation by Lance J. Wogalter. Disposition: Impasse.(ar2) (Entered:
11/18/2011)
11/22/2011 70 NOTICE of Motion for Summary Judgment by Traian Bujduveanu (No attachments)
(ar2) (Entered: 11/23/2011)
11/28/2011 71 ORDER STRIKING Notice re 70 Notice (Other) filed by Traian Bujduveanu.
Signed by Judge Patricia A. Seitz on 11/28/2011. (asl) (Entered: 11/29/2011)
11/28/2011 72 MOTION for Summary Judgment by Traian Bujduveanu. Responses due by
12/15/2011 (ar2) (Entered: 11/29/2011)
11/28/2011 73 MEMORANDUM of Points and Authorities in Support Re: 72 MOTION for
Summary Judgment by Traian Bujduveanu. (ar2) (Entered: 11/29/2011)
11/28/2011 74 Statement of Facts as to Which there is no Genuine Dispute Re: 72 MOTION for
Summary Judgment by Traian Bujduveanu (ar2) (Entered: 11/29/2011)
11/28/2011 75 AFFIDAVIT/Declaration signed by : Traian Bujduveanu. by Traian Bujduveanu
(ar2) (Entered: 11/29/2011)
11/30/2011 76 ORDER STRIKING Statement of Facts; re 74 Statement filed by Traian
Bujduveanu. Leave to File by 12/22/11. Signed by Judge Patricia A. Seitz on
11/30/2011. (asl) (Entered: 12/01/2011)
12/06/2011 77 Statements of Material Facts in Support of 72 MOTION for Summary Judgment by
Traian Bujduveanu (ar2) (Entered: 12/06/2011)
12/06/2011 78 MOTION to Strike 14 Amended Complaint by Dismas Charities, Inc., Ana
Ginspert, Adams Leshota, Derek Thomas. Responses due by 12/23/2011
(Attachments: # 1 Exhibit)(Chaiet, David). Added MOTION to Dismiss for Failure
to Appear at Depositions on 12/7/2011 (tp). (Entered: 12/06/2011)
12/06/2011 79 MOTION for Hearing and Status Conference re 78 Motion to Strike and Dismiss by
Dismas Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas. (Chaiet,
David) Modified added link on 12/7/2011 (tp). (Entered: 12/06/2011)
12/07/2011 80 Clerks Notice to Filer re 78 MOTION to Strike 14 Amended Complaint MOTION
to Dismiss. Motion with Multiple Reliefs Filed as One Relief; ERROR - The Filer
selected only one relief event and failed to select the additional corresponding events
for each relief requested in the motion. The docket entry was corrected by the Clerk.
It is not necessary to refile this document but future filings must comply with the
instructions in the CM/ECF Attorney User's Manual. (tp) (Entered: 12/07/2011)
12/07/2011 81 Clerks Notice to Filer re 79 MOTION for Hearing . Document Not Linked;
ERROR - The filed document was not linked to the related docket entry. The
correction was made by the Clerk. It is not necessary to refile this document. (tp)
(Entered: 12/07/2011)
12/07/2011 82 ORDER STRIKING 77 Statement of Facts filed by Traian Bujduveanu. Signed by
Judge Patricia A. Seitz on 12/7/2011. (yha) (Entered: 12/07/2011)
12/16/2011 83 MOTION for Summary Judgment by Dismas Charities, Inc., Ana Ginspert, Adams
Leshota, Derek Thomas. Responses due by 1/3/2012 (Attachments: # 1 Exhibit



Statement of Undisputed Facts, # 2 Affidavit of Defendants in Support of Motion for
Summary Judgment)(Chaiet, David) (Entered: 12/16/2011)
12/19/2011 84 Statements of Material Facts in Support of 72 MOTION for Summary Judgment by
Traian Bujduveanu (ar2) (Entered: 12/20/2011)
12/20/2011 85 Statement of Material Facts as to which there are no Genuine issues for Trial by
Traian Bujduveanu (Attachments: # 1 Exhibit Continued Part I, # 2 Exhibit
Continued Part II)(ar2) (Entered: 12/20/2011)
12/21/2011 86 RESPONSE to 78 MOTION to Dismiss for Failure to Appear at Depositions filed
by Traian Bujduveanu. Replies due by 1/3/2012. (ar2) (Entered: 12/22/2011)
12/27/2011 87 RESPONSE in Opposition re 72 MOTION for Summary Judgment filed by Dismas
Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas. (Attachments: # 1
Affidavit In Opposition to Plaintiff's MSJ)(Chaiet, David) (Entered: 12/27/2011)
12/27/2011 88 AFFIDAVIT in Opposition re 72 MOTION for Summary Judgment filed by Dismas
Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas. (Attachments: # 1
Exhibit Statement of Disputed Facts)(Chaiet, David) (Entered: 12/27/2011)
12/27/2011 89 REPLY to Response to Motion re 78 MOTION to Strike 14 Amended Complaint
MOTION to Dismiss filed by Dismas Charities, Inc., Ana Ginspert, Adams Leshota,
Derek Thomas. (Attachments: # 1 Exhibit Emails)(Chaiet, David) (Entered:
12/27/2011)
01/03/2012 90 RESPONSE to 83 MOTION for Summary Judgment filed by Traian Bujduveanu.
Replies due by 1/13/2012. (ar2) (Entered: 01/04/2012)
01/12/2012 91 REPLY to Response to Motion re 83 MOTION for Summary Judgment filed by
Dismas Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas. (Chaiet,
David) (Entered: 01/12/2012)

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01/12/2012 13:57:24
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Docket 01:12:2011

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