Complete Docket for Hawaiian Art Network v. Aloha Plastic Surgery

8/11/2019 Complete Docket for Hawaiian Art Network v. Aloha Plastic Surgery

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AO120,CLOSED

U.S. District Court

District of Hawaii (Hawaii)

CIVIL DOCKET FOR CASE #: 1:11-cv-00722-JMS-KSC

Hawaiian Art Network, LLC et al v. Aloha Plastic Surgery, LLC

et al

Assigned to: JUDGE J. MICHAEL SEABRIGHT

Referred to: JUDGE KEVIN S.C. CHANG

Cause: 17:101 Copyright Infringement

Date Filed: 12/01/2011

Date Terminated: 12/10/2012

Jury Demand: Defendant

Nature of Suit: 820 Copyright

Jurisdiction: Federal Question

Plaintiff

Hawaiian Art Network, LLC represented by J. Stephen Street

134 Maono Place

Honolulu, HI 96821

754-1647Email: [email protected]

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Paul Maki

Kendall Building

888 Mililani Street, 8th Floor

Honolulu, HI 96813

545-1122

Fax: 545-1711Email: [email protected]

LEAD ATTORNEY


Plaintiff

Vincent K. Tylor represented by J. Stephen Street

(See above for address)

LEAD ATTORNEY


Paul Maki


LEAD ATTORNEY


V.

Defendant

ECF V5.1.1 **LIVE** https://ecf.hid.uscourts.gov/cgi-bin/DktRpt.pl?788573226574574

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Aloha Plastic Surgery, LLC represented by Arthur F. Roeca

Roeca Luria Hiraoka LLP

Davies Pacific Center

841 Bishop St Ste 900

Honolulu, HI 96813

538-7500

Fax: 521-9648

Email: [email protected] ATTORNEY


James Shin




Honolulu, HI 96813

538-7500

Email: [email protected] ATTORNEY


Jodie D. Roeca




Honolulu, HI 96813

538-7500

Email: [email protected]

LEAD ATTORNEY


Norman Koji Odani




Honolulu, HI 96813

(808) 538-7500

Fax: (808) 521-9648


LEAD ATTORNEY


Robin M. Melchor

Law Office of Robin Melchor

841 Bishop Street, Ste 800

Honolulu, HI 96813

523-1332


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LEAD ATTORNEY


Defendant

John Does 1-10

DefendantJane Does 1-10

Defendant

Doe Corporations 1-10

Defendant

Doe Partnerships 1-10

Defendant

Doe Associations 1-10

Defendant

Michael Anthony Pasquale

an individual

represented by Arthur F. Roeca


LEAD ATTORNEY


James Shin


LEAD ATTORNEYATTORNEY TO BE NOTICED

Jodie D. Roeca


LEAD ATTORNEY


Norman Koji Odani


LEAD ATTORNEY


Robin M. Melchor


LEAD ATTORNEY


Defendant


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Aimiyo International, Ltd.

an individual

represented by Robin M. Melchor


LEAD ATTORNEY


Counter Claimant

Aloha Plastic Surgery, LLC represented by Robin M. Melchor

(See above for address)LEAD ATTORNEY


V.

Counter Defendant



LEAD ATTORNEY


Paul Maki


LEAD ATTORNEY


Counter Defendant




Paul Maki


LEAD ATTORNEY


Counter Claimant

Aloha Plastic Surgery, LLC represented by Robin M. Melchor

(See above for address)LEAD ATTORNEY


V.

Counter Defendant




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LEAD ATTORNEY


Paul Maki


LEAD ATTORNEY


Counter Defendant



LEAD ATTORNEY


Paul Maki


LEAD ATTORNEY


Counter Claimant

Michael Anthony Pasquale

an individual

represented by Arthur F. Roeca


LEAD ATTORNEY


James Shin



Jodie D. Roeca


LEAD ATTORNEY


Norman Koji Odani


LEAD ATTORNEY


Robin M. Melchor


LEAD ATTORNEY


Counter Claimant


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Aloha Plastic Surgery, LLC represented by Arthur F. Roeca


LEAD ATTORNEY


James Shin



Jodie D. Roeca


LEAD ATTORNEY


Norman Koji Odani



Robin M. Melchor


LEAD ATTORNEY


V.

Counter Defendant



LEAD ATTORNEY


Paul Maki


LEAD ATTORNEY


Counter Defendant



LEAD ATTORNEY


Paul Maki


LEAD ATTORNEY


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Date Filed # Docket Text

12/01/2011 1 COMPLAINT FOR COPYRIGHT INFRINGEMENT AND REMOVAL OR

ALTERATION OF COPYRIGHT MANAGEMENT INFORMATION against Aloha

Plastic Surgery, LLC, John Does 1-10, Jane Does 1-10, Doe Corporations 1-10, Doe

Partnerships 1-10, Doe Associations 1-10 - filed by Vincent K. Tylor, Hawaiian Art

Network, LLC. (Attachments: # 1Exhibit A, # 2Exhibit B, # 3Exhibit C, # 4

Summons (issued), # 5Civil Cover Sheet)(emt, ) (Entered: 12/02/2011)

12/01/2011 2 Order Setting Rule 16 Scheduling Conference for 09:00AM on 2/27/2012 before

JUDGE KEVIN S.C. CHANG - Signed by CHIEF JUDGE SUSAN OKI

MOLLWAY on 12/1/11. (Attachments: # 1Memo from Clerk Re: Corporate

Disclosure Statements)(emt, ) (Entered: 12/02/2011)

12/01/2011 3 Filing fee: $ 350, receipt number HI001929 re 1Complaint. (emt, ) (Entered:

12/02/2011)

12/01/2011 4 Plaintiff's DISCLOSURE STATEMENT - by Hawaiian Art Network, LLC, Vincent

K. Tylor. (emt, ) (Entered: 12/02/2011)

12/05/2011 5 RETURN OF SERVICE - SUMMONS Returned Executed by Vincent K. Tylor,

Hawaiian Art Network, LLC. Aloha Plastic Surgery, LLC served on 12/3/2011,

answer due 12/26/2011. (emt, ) (Entered: 12/06/2011)

12/30/2011 7 Request and ENTRY OF DEFAULT as to Aloha Plastic Surgery, LLC (Attachments:

# 1Declaration of Counsel, # 2Entry of Default, # 3Certificate of Service) (gls, )

(Entered: 12/30/2011)

01/06/2012 8 MOTION to Set Aside Default by Defendant Aloha Plastic Surgery, LLC (gls, )

Modified on 1/10/2012 - striken pursuant to EO #10(gls, ). (Entered: 01/09/2012)

01/09/2012 9 MOTION to Strike "Defendants request to court for: Set Aside Default Judgement

request by Plaintiff" filed by Michael Pasquale on January 9, 2012J. Stephen Street

appearing for Plaintiffs Hawaiian Art Network, LLC, Vincent K. Tylor (Attachments:

# 1Memorandum In Support of Motion, # 2Declaration of Counsel, # 3Certificate

of Service)(Street, J.) (Entered: 01/09/2012)

01/10/2012 10 EO: re 89On January 6, 2012, Defendant filed a document entitled "Request to

Court For: Set Aside Default Judgment Request by Plaintiff." On January 9, 2012,

Plaintiffs Hawaiian Art Network, LLC and Vincent K. Tylor filed a Motion to StrikeDefendant's Request. Plaintiffs move to strike the Request because it was improperly

filed by Michael Pasquale, managing partner for Defendant. Business entities

"cannot appear before this Courtpro seand must be represented by an attorney."

Local Rule 83.1. Mr. Pasquale is not an attorney, and is therefore prohibited from

appearing on behalf of Defendant and/or filing documents on behalf of Defendant.

Local Rule 83.2 ("Only a member of the bar of this court who is also an active

member in good standing of a state bar or its equivalent, or any other attorney

otherwise authorized by these rules to practice before this court, may enter an


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appearance for a party...."). For these reasons, the Court HEREBY GRANTS the

Motion to Strike. Defendant's Request (Doc. No. 8) is HEREBY STRICKEN. Mr.

Pasquale may not submit any further filings on behalf of Defendant, as doing so

would constitute the unauthorized practice of law. (JUDGE KEVIN S.C.

CHANG)(sna, )

CERTIFICATE OF SERVICE

Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice

of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of

this docket entry (Entered: 01/10/2012)

02/22/2012 11 EO: At Plaintiff's request, Rule 16 Scheduling Conference set 2/27/12 shall be

continued to 09:00AM on 3/23/2012 before JUDGE KEVIN S.C. CHANG. Stephen

Street to notify all parties. (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket

entry(Entered: 02/22/2012)

03/23/2012 14 EP: Rule 16 Scheduling Conference not held on 3/23/2012. Plaintiffs Counsel will be

filing a Motion for Default Judgment on Tuesday, 3/27/2013.Defendants Counsel

will be filing a Motion to to Set aside the Entry of Default. (Court Reporter None.)

(JUDGE KEVIN S.C. CHANG)(lls, )No COS issued for this docket entry(Entered: 03/27/2012)

03/24/2012 12 MOTION for Default Judgment as toDefendant Aloha Plastic Surgery LLCJ.

Stephen Street appearing for Plaintiffs Hawaiian Art Network, LLC, Vincent K.

Tylor (Attachments: # 1Memorandum In Support of Motion, # 2Declaration of Glen

Carner, # 3Declaration of Counsel, # 4Exhibit A, # 5 Exhibit B, # 6Certificate

of Service)(Street, J.) (Entered: 03/24/2012)

03/27/2012 13 NOTICE of Hearing on Motion 12Plaintiffs' Motion for Default Judgment Against

Defendant Aloha Plastic Surgery, LLC set for 5/14/2012 09:30 AM before JUDGE

KEVIN S.C. CHANG. (sna, )




this docket entry. (Entered: 03/27/2012)

03/27/2012 15 MOTION to Set Aside Default Robin M. Melchor appearing for Defendant Aloha

Plastic Surgery, LLC (Attachments: # 1 Memorandum In Support of Motion, # 2

Declaration of Michael A. Pasquale, # 3Certificate of Service)(gls, ) (Entered:

03/28/2012)

03/29/2012 16 NOTICE of Hearing on Motion 15Motion to Set Aside Default Against Defendant

Aloha Plastic Surgery, LLC set for 5/14/2012 09:30 AM before JUDGE KEVIN S.C.

CHANG. (sna, )




this docket entry. (Entered: 03/29/2012)

04/23/2012 17 MEMORANDUM in Opposition re 15MOTION to Set Aside Default filed by

Hawaiian Art Network, LLC, Vincent K. Tylor. (Attachments: # 1Declaration of

Counsel, # 2Exhibit A, # 3Exhibit B, # 4Exhibit C, # 5Certificate of Service)

(Street, J.) (Entered: 04/23/2012)


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04/23/2012 18 MEMORANDUM in Opposition re 12MOTION for Default Judgment as to

Defendant Aloha Plastic Surgery LLCfiled by Aloha Plastic Surgery, LLC.

(Attachments: # 1Declaration of Michael A. Pasquale, # 2Certificate of

Service)(gls, ) (Entered: 04/24/2012)

04/30/2012 19 REPLY to Response to Motion re 12MOTION for Default Judgment as to

Defendant Aloha Plastic Surgery LLCfiled by Hawaiian Art Network, LLC, Vincent

K. Tylor. (Attachments: # 1Declaration of Glen Carner, # 2Exhibit A, # 3Exhibit B,

# 4Exhibit C, # 5Exhibit D, # 6Certificate of Service)(Street, J.) (Entered:

04/30/2012)

04/30/2012 20 REPLY In Support of 15MOTION to Set Aside Default filed by Aloha Plastic

Surgery, LLC. (Attachments: # 1Declaration of Counsel, # 2Certificate of

Service)(gls, ) (Entered: 05/01/2012)

05/14/2012 21 EP: denying 12Plaintiffs' Motion for Default Judgment Against Defendant Aloha

Plastic Surgery, LLC; granting 15Motion to Set Aside Default Against Defendant

Aloha Plastic Surgery, LLC held on 5/14/2012. Michael Pasquale present on behalf

of Aloha Plastic Surgery. Plaintiffs' Motion for Default Judgment Against Defendant

Aloha Plastic Surgery, LLC 12. Motion denied without prejudice. Mr. Street to

prepare the Order. Motion to Set Aside Default Against Defendant Aloha Plastic

Surgery, LLC 15. Motion granted. Defendant to file a responsive pleading by

5/17/12. Rule 16 Scheduling Conference set 5/18/12 at 9:00am before Judge Chang.

Ms. Melchor to prepare the Order.( FTR C5 - 9:26-9:41am.) (JUDGE KEVIN S.C.

CHANG)(sna, )No COS issued for this docket entry(Entered: 05/14/2012)

05/16/2012 22 REPORT of Planning Meeting. (Attachments: # 1Certificate of Service)(Street, J.)

(Entered: 05/16/2012)

05/16/2012 23 Scheduling Conference Statement. (Attachments: # 1Certificate of Service)(Street,

J.) (Entered: 05/16/2012)

05/17/2012 25 ANSWER to 1Complaint, with Jury Demand, COUNTERCLAIM against Hawaiian

Art Network, LLC, Vincent K. Tylor by Aloha Plastic Surgery, LLC. (Attachments: #

1 Counterclaim, # 2Demand for Jury Trial, # 3Certificate of Service)(gls, )

(Entered: 05/18/2012)

05/17/2012 26 Corporate Disclosure Statement by Aloha Plastic Surgery, LLC. (gls, ) (Entered:

05/18/2012)

05/17/2012 27 Defendant Aloha Plactic Surgery, LLC's Scheduling Conference Statement. (gls, )

(Entered: 05/18/2012)05/18/2012 24 EP: Rule 16 Scheduling Conference held on 5/18/2012. Rule 16 Scheduling

Conference Order to be issued. Counsel to confer and contact the Court to schedule

an Early Settlement Conference in late July. Bench Trial set for 3/5/2013 09:00 AM

before JUDGE J. MICHAEL SEABRIGHT. Final Pretrial Conference set for

1/22/2013 09:00 AM before JUDGE KEVIN S.C. CHANG. Settlement Conference

set for 11/6/2012 11:00 AM before JUDGE KEVIN S.C. CHANG. Motions due by

10/3/2012. Discovery due by 1/4/2013. (C5 - no record, 9:00-9:05am.) (JUDGE

KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry(Entered: 05/18/2012)


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05/18/2012 28 EO: re 25Pursuant to the Answer filed 5/17/12, Jury Trial demanded. Non Jury Trial

shall be changed to a Jury Trial. First Amended Rule 16 Scheduling Conference

Order to be issued. Jury Selection/Trial set for 09:00 AM on 3/5/2013 before JUDGE

J. MICHAEL SEABRIGHT. Final Pretrial Conference set for 1/22/2013 09:00 AM

before JUDGE KEVIN S.C. CHANG. Settlement Conference set for 11/6/2012

11:00 AM before JUDGE KEVIN S.C. CHANG. Discovery due by 1/4/2013.

Motions due by 10/3/2012. (JUDGE KEVIN S.C. CHANG)(sna, )





05/18/2012 29 Rule 16 SCHEDULING ORDER. Signed by JUDGE KEVIN S.C. CHANG on

5/18/12. (gls, )





05/18/2012 30 Amended Rule 16 SCHEDULING ORDER. Signed by JUDGE KEVIN S.C.CHANG on 5/18/12. (gls, )





05/19/2012 31 ANSWER to 1Complaint, AMENDED COUNTERCLAIMagainst Hawaiian Art

Network, LLC, Vincent K. Tylor by Aloha Plastic Surgery, LLC. (Attachments: # 1

Amended Counterclaim, # 2Demand for Jury Trial and COS)(gls, ) (Entered:

05/21/2012)

06/07/2012 32 -- The Clerks Office has re-entered this document; refer to docket entry 34 . AMENDEDCOMPLAINT against Michael Anthony Pasquale, Aimiyo International Ltd and

against All Defendants, filed by Vincent K. Tylor, Hawaiian Art Network, LLC.

(Attachments: # 1Exhibit A, # 2Exhibit B, # 3Exhibit C, # 4Summons)(Street, J.)

Modified on 6/8/2012 (emt, ).(Entered: 06/07/2012)

06/07/2012 33 CERTIFICATE OF SERVICE by Hawaiian Art Network, LLC, Vincent K. Tylor re

32Amended Complaint, (Street, J.) (Entered: 06/07/2012)

06/07/2012 34 FIRST AMENDED COMPLAINT FOR COPYRIGHT INFRINGEMENT AND

DIGITAL MILLENNIUM COPYRIGHT ACT VIOLATION against Aloha Plastic

Surgery, LLC, Michael Anthony Pasquale, Aimiyo International, Ltd., John Does1-10, Jane Does 1-10, Doe Corporations 1-10, Doe Partnerships 1-10, Doe

Associations 1-10 - filed by Vincent K. Tylor, Hawaiian Art Network, LLC. -- Thisdocument was e-filed by J. Stephen Street, Esq. on June 7, 2012. The Clerks Office has re-entered the

First Amended Complaint to reflect the addition of defendants Michael Anthony Pasquale and Aimiyo

International, Inc.(Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3Exhibit C, # 4

Summons)(emt, ) (Entered: 06/08/2012)

06/08/2012 35 Summons Issued as to Aimiyo International, Ltd., Michael Anthony Pasquale. (emt, )

(Entered: 06/08/2012)


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06/18/2012 37 ORDER Granting Motion to Set Aside Default Against Defendant Aloha Plastic

Surgery, LLC Filed March 27, 2012 re 21 , 15. Signed by JUDGE KEVIN S.C.

CHANG on 6/15/12. (gls, )





07/06/2012 38 NOTICE of Appearance by Jodie D. Roeca on behalf of Aloha Plastic Surgery, LLC,Michael Anthony Pasquale on behalf of Aloha Plastic Surgery, LLC, Michael

Anthony Pasquale. (Roeca, Jodie) (Entered: 07/06/2012)

07/09/2012 ADVISORY ENTRY. The entry docket number 38Notice of Appearance filed by

Michael Anthony Pasquale, Aloha Plastic Surgery, LLC had the wrong case number

on it. The filing party is advised to put the correct case number on future

submissions. No further action necessary.(gls, ) (Entered: 07/09/2012)

07/11/2012 39 Defendants Aloha Plastic Surgery, LLC, Michael Anthony Pasquale, and Aimiyo

International, Ltd.'s ANSWER to 34 First Amended Complaint for Copyright

Infringement and Digital Millennium Copyright Act Violation; COUNTERCLAIMagainst Hawaiian Art Network, LLC, Vincent K. Tylor by Aimiyo International, Ltd.,

Michael Anthony Pasquale, Aloha Plastic Surgery, LLC. (Attachments: # 1

Counterclaim, # 2Demand for Jury Trial, # 3Certificate of Service)(emt, ) (Entered:

07/12/2012)

08/02/2012 40 REPLYANSWER to 39Answer to Amended Complaint, Counterclaim,,

COUNTERCLAIM OF ALOHA PLASTIC SURGERY, LLC AND MICHAEL

ANTHONY PASQUALEby Hawaiian Art Network, LLC, Vincent K. Tylor.

(Attachments: # 1Certificate of Service)(Street, J.) (Entered: 08/02/2012)

08/09/2012 41 REPORT of Planning Meeting. (Attachments: # 1Certificate of Service)(Roeca,Jodie) (Entered: 08/09/2012)

08/13/2012 42 EO: At counsel's request, Status Conference Re: Trial Date and Other Deadlines set

for 8/21/2012 09:15 AM before JUDGE KEVIN S.C. CHANG. Robin Melchor has

notified all parties. (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry

(Entered: 08/13/2012)

08/21/2012 43 EP: Status Conference Re: Trial Date and Other Deadlines held on 8/21/2012. New

trial date given. Second Amended Rule 16 Scheduling Conference Order to be

issued. Jury Selection/Trial set for 09:00 AM on 7/2/2013 before JUDGE J.

MICHAEL SEABRIGHT. Final Pretrial Conference set for 5/21/2013 09:00 AMbefore JUDGE KEVIN S.C. CHANG. Settlement Conference set for 3/7/2013 10:00

AM before JUDGE KEVIN S.C. CHANG. Discovery due by 5/3/2013. Motions due

by 1/30/2013. (C5 - no record, 9:15-9:20am.) (JUDGE KEVIN S.C. CHANG)(sna,

)No COS issued for this docket entry(Entered: 08/21/2012)

08/21/2012 44 Corporate Disclosure Statement by Aimiyo International, Ltd.. (gls, ) (Entered:

08/22/2012)

08/24/2012 45 SECOND AMENDED RULE 16 SCHEDULING ORDER. Signed by JUDGE

KEVIN S.C. CHANG on 8/23/12. (gls, )


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09/10/2012 46 CERTIFICATE OF SERVICE by Aimiyo International, Ltd., Aloha Plastic Surgery,

LLC, Michael Anthony Pasquale re: Initial Disclosures(Roeca, Jodie) (Entered:

09/10/2012)

09/25/2012 47 CERTIFICATE OF SERVICE by Michael Anthony PasqualeMichael Pasquale's

First Request for Answers to Interrogatories to Plaintiffs and First Request for

Production of Documents to Plaintiffs(Roeca, Jodie) (Entered: 09/25/2012)

09/27/2012 48 EO: At counsel's request, Early Settlement Conference set for 11/2/2012 11:00 AM

before JUDGE KEVIN S.C. CHANG. Confidential Settlement Conference

statements due: 10/26/12. Mr. Street has notified all parties. (JUDGE KEVIN S.C.


11/02/2012 49 EP: Early Settlement Conference held on 11/2/2012. Also present: Plaintiff Vincent

K. Tylor and Defendant Michael Anthony Pasquale. Case settled. Terms stated

UNDER SEAL. Based upon representations by counsel and affirmations by the

parties, the Court finds that the essential terms of a valid and enforceable settlement

agreement have been stated. Pursuant to the agreement, the record of this

proceeding is hereby sealed except for the Injunction to be entered and signed

by Judge Seabright. The deadline to submit the Injunction is 12/3/12. The

following dates are hereby vacated: 3/7/13, 10:00am, Settlement Conference, Judge

Chang; 5/21/13, 9:00am, Final Pretrial Conference, Judge Chang; 7/2/13, 9:00am,

Jury Trial, Judge Seabright. All pending matters are deemed withdrawn based upon

this settlement. (In Chambers - no record, 11:00-1:09pm (Settlement Conf); FTR C5

- 1:09-1:16pm (Settlement Conf-SEALED HEARING).) (JUDGE KEVIN S.C.


11/30/2012 50 EO: At counsel's request, Status Conference Re: Deadline to submit Injunction set

for 12/3/2012 09:30 AM before JUDGE KEVIN S.C. CHANG. (JUDGE KEVIN

S.C. CHANG)(sna, )





12/03/2012 51 EP: Status Conference Re: Deadline to submit Injunction held on 12/3/2012. Counsel

updated the Court. Counsel to confer further to try to resolve the issue. If unable to

resolve, counsel to file a Motion to Enforce Settlement. ( C5 - no record,

9:30-9:40am.) (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry

(Entered: 12/03/2012)

12/10/2012 52 Stipulated PERMANENT INJUNCTION; Exhibit A. Signed by JUDGE J.

MICHAEL SEABRIGHT on 12/7/12. (Attachments: # 1Exhibit A)(gls, )






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12/10/2012 53 STIPULATION for Dismissal With Prejudice; Order. Signed by JUDGE J.

MICHAEL SEABRIGHT. (gls, ) (Entered: 12/10/2012)

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