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| Miyoko's Creamery, Miyoko Schinner, Lisa Bloom, lawsuit, complaint, mary cummins, investigative reporter, trade secrets, vegan, cheese, vegan cheese, woman, board |
Case is Miyoko's PBC v Miyoko Schinner, 4:23-cv-00711-DMR filed in California District Court North District. https://cand.uscourts.gov/
Judge is Donna M. Ryu https://www.cand.uscourts.gov/judges/ryu-donna-m-dmr/ You can access case and case documents on your own via Pacer.gov but you have to register. I'm posting everything here including the documents.
UPDATE: 05/18/23 10:00 a.m. PST The case is settled. From Miyoko Schinner on LinkedIn.
"Miyoko's Creamery and Miyoko Schinner are pleased that they have resolved all legal disputes between them and that they have withdrawn all legal claims made against each other.
Miyoko’s Creamery acknowledges the tremendous creativity, hard work, and integrity of its founder, Miyoko Schinner, a true pioneer in vegan creamery products, and appreciates her many contributions to the company over the years.
Miyoko Schinner appreciates the dedicated team of people at Miyoko’s Creamery and their commitment to continuing her legacy through sustained and continued excellence in manufacturing, developing and selling vegan creamery products.
Miyoko and the company wish each other well as they go their separate ways."
0507/23 Status on docket
04/27/2023 20 ADR Clerks Notice re: Non-Compliance with Court Order. The parties have failed to file an ADR Certification as required by the Initial Case Management Scheduling Order. Counsel shall comply promptly with the requirements of ADR L.R. 3-5(b) and shall file the ADR Certification. (This is a text-only entry generated by the court. There is no document associated with this entry.)(cmf, COURT STAFF) (Filed on 4/27/2023) (Entered: 04/27/2023)
04/27/2023 21 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options Filed on behalf of Miyoko's, PBC (Rubin, Jennifer) (Filed on 4/27/2023) (Entered: 04/27/2023)
04/27/2023 22 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Goldstein, Alan) (Filed on 4/27/2023) (Entered: 04/27/2023)
05/05/2023 23 STIPULATION WITH PROPOSED ORDER re 7 Initial Case Management Scheduling Order with ADR Deadlines filed by Miyoko's, PBC, Miyoko Schinner. (Rubin, Jennifer) (Filed on 5/5/2023) Modified on 5/8/2023 (cjl, COURT STAFF). (Entered: 05/05/2023)
05/05/2023 24 ORDER (AS MODIFIED) granting 23 Stipulation to Continue Initial Case Management Conference: Parties shall file a joint Case Management Conference Statement by 5/31/2023. Initial Case Management Conference set for 5/17/2023 01:30 PM is vacated and continued to 6/7/2023 01:30 PM in Oakland, - Videoconference Only. All counsel and parties may access the webinar information (public hearings) at https://cand.uscourts.gov/judges/ryu-donna-m-dmr/. Signed by Chief Magistrate Judge Donna M. Ryu on 5/5/2023. (ig, COURT STAFF) (Filed on 5/5/2023) (Entered: 05/05/2023)
April 27, 2023 Company wipes Miyoko Schinner off their website. She gets a tiny note in history that she started it with four people out of her home. The rest of the credit for everything else goes to the company.
04/27/2023 20 ADR Clerks Notice re: Non-Compliance with Court Order. The parties have failed to file an ADR Certification as required by the Initial Case Management Scheduling Order. Counsel shall comply promptly with the requirements of ADR L.R. 3-5(b) and shall file the ADR Certification. (This is a text-only entry generated by the court. There is no document associated with this entry.)(cmf, COURT STAFF) (Filed on 4/27/2023) (Entered: 04/27/2023)
04/27/2023 21 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options Filed on behalf of Miyoko's, PBC (Rubin, Jennifer) (Filed on 4/27/2023) (Entered: 04/27/2023)
04/27/2023 22 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Goldstein, Alan) (Filed on 4/27/2023) (Entered: 04/27/2023)
April 26, 2023 Miyoko Schinner posted an Insta saying she was going to mediation with her lawyer. Hope they settle for everyone's sake. I dug up her cookbook and will have to make her butter from scratch if this keeps up. Hurry up and do right by Miyoko! I need butter! :-D
April 6, 2023 Plaintiff's file answer to Miyoko Schinner's countersuit.
https://drive.google.com/file/d/18W1sj1WbvRUWEPBio6uhMOdhonmzOBxw/view?usp=sharing
March 16, 2023 Miyoko replied to the original complaint and filed a countersuit.
Docket entry
03/13/2023 15 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Miyoko Schinner.. (Goldstein, Alan) (Filed on 3/13/2023) (Entered: 03/13/2023)
03/15/2023 16 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Miyoko's, PBC.. (Rubin, Jennifer) (Filed on 3/15/2023) (Entered: 03/15/2023)
03/16/2023 17 COUNTERCLAIM against Miyoko's, PBC. Filed by Miyoko Schinner. (Bloom, Lisa) (Filed on 3/16/2023) (Entered: 03/16/2023)
03/16/2023 18 ANSWER to Complaint with Jury Demand , COUNTERCLAIM against Miyoko's, PBC by Miyoko Schinner. (Bloom, Lisa) (Filed on 3/16/2023) (Entered: 03/16/2023)
Miyoko's answer to original complaint. She denied or admitted their causes of action. What's interesting is that she denied there are trade secrets. Makes sense as she published a cookbook in 2012 titled Artisan Vegan Cheese with all her cheese recipes. Miyoko owns her cheese recipes though maybe not liquid moz because that's newer.
https://drive.google.com/file/d/1zERO4dxSETTPdKjqjmzITmEnfWLnTvsE/view?usp=sharing
Miyoko's counterclaim. A small fyi she actually formed the company December 2013 per her corporation statement. Suit says 2014. Rene Weber appears to be the man who allegedly denigrates women with the help of a few others i.e., James Joaquin of Obvious Ventures, John Kenney of Cult Capital, Daniel Gluck of PowerPlant Partners, John Zabrodsky hired by PowerPlant Partners, see below. I've noticed that venture capitalists tend to be part of the boys club. I've seen this behavior in public companies when venture capitalists get appointed to boards. The company made some horrible moves in this lawsuit and press release. I think the boys were behind it. They clearly don't know how to run a business especially an ethical plant based business founded by a much loved and respected woman. The company continues to use Miyoko's photos, likeness against her wishes after she sent cease and desist letters. It bothers me to see the business website today with her photos and story plastered all over it. It's good she never sold or gave that to the business especially because she didn't even get a golden handshake.
https://drive.google.com/file/d/1HvJPaEBOIKLRe6VPx5wrqJ0Qq9bwRSX8/view?usp=sharing
1. GENDER DISCRIMINATION (Cal. Gov. Code § 12940(a))
2. FAILURE TO PREVENT DISCRIMINATION (Cal. Gov. Code § 12940(k))
3. RETALIATION (Cal. Gov. Code § 12940(h))
4. WRONGFUL TERMINATION INVIOLATION OF PUBLIC POLICY
5. VIOLATION OF RIGHT OF PUBLICITY (Cal. Civ. Code §3344)
6. MISAPPROPRIATION OF NAME AND LIKENESS
Below is just the main part of the main claim and factual events.
INTRODUCTION
1. Defendant and Counterclaimant Miyoko Schinner (“Miyoko”) is a
groundbreaking, beloved creator of popular plant-based cheeses and butter,
motivated by her passion to save animals and the planet. In 2014, she founded
Miyoko’s Kitchen (now Miyoko’s Creamery), a revolutionary, multi-million dollar
plant-based food corporation. Due to her hard work and under Miyoko’s
leadership, the company – Plaintiff and Counterdefendant Miyoko’s, PBC (“MP”)
– grew exponentially and exceeded all expectations year after year. Miyoko won
several awards and, in 2021, was named in Forbes Magazines’s 50 over 50. To
this day, MP acknowledges that Miyoko’s “passion for her craft and mission is
unrivaled.”1
2. In 2021, MP hired René Weber, an executive who singled out and openly
denigrated women, especially Miyoko, making it impossible for her to continue to
effectively do her job. On behalf of herself and other women at MP, Miyoko
complained to HR. MP swiftly retaliated against Miyoko by demoting her and then
terminating her.
3. To this day, MP continues to prominently display Miyoko’s name and
likeness on its website, despite its knowledge that it had no right to do so. MP has
flatly ignored her cease and desist letters demanding the removal of her likeness
from its websites.
4. Miyoko brings her Counterclaims against MP for unlawful employment
practices, including gender discrimination and retaliation, and for its unlawful use
of her likeness on its website without her consent. MP must now be held
accountable for the harm it caused her and continues to cause her.
FACTUAL ALLEGATIONS
8. Over the past four decades, Miyoko has written vegan cookbooks, taught
cooking classes, opened and sold a vegan restaurant (called Now & Zen) and
launched a vegan natural foods company and vegan brands, including a competitor
to Tofurky. In 2012, she published Artisan Vegan Cheese, the seminal cookbook
that put vegan cheesemaking on the map.
9. In September 2014, Miyoko’s Kitchen, the vegan creamery company she
founded, went live online. Three days later, it had more than 500 unique orders,
averaging $100 each. Miyoko, who had earlier envisioned opening a little cheese
shop, began selling to distributors. The rest of the story is playing out today at
30,000 retailers, including Whole Foods and Target, both nationwide and
internationally. MP now has a current valuation of $260 million.
10. In January of 2021, MP hired Rene Weber to be VP of Operations. Mr.
Weber immediately began a campaign of mistreating women who worked at MP,
including Miyoko, by excluding them from meetings, denying them information
they needed, berating them publicly and privately, and otherwise making it
difficult to impossible to do their jobs. Mr. Weber openly denigrated women, their
expertise, and their contributions at MP, calling some “stupid” and “terrible.” He
did not use these condescending terms with men. On several occasions, he
mansplained to Miyoko that she did not understand her own products or MP, the
company she founded. In a markedly gendered tone, he described her ideas and
ambition as unrealistic, driven by emotion and whim.
11. Miyoko, then CEO of MP, often complained to James Joaquin (Co-
Founder & Managing Director of Obvious Ventures, an investor of MP) and John
Kenney (Co-Founder at Cult Capital, an investor of MP) about Mr. Weber’s
condescending behavior to her which she believed was due to her gender.
12. In December 2021, John Zabrodsky, an operations consultant hired by
MP at the behest of PowerPlant Partners (MP’s lead investor), presented a report
on MP operations in a meeting wherein he addressed Miyoko in a very
condescending manner. He would not have addressed her in this manner had
Miyoko not been a woman. Miyoko complained about Mr. Zabrodsky’s gendered
behavior to an executive at PowerPlant Partners.
13. In early 2022, after Miyoko made multiple complaints about Mr.
Weber’s mistreatment of women, MP directed her to promote Mr. Weber to the
position of Chief Operating Officer due to its concerns that he was a “flight risk.”
Mr. Kenney acknowledged Miyoko’s prior complaints of Mr. Weber’s
mistreatment of women at MP, but he told her that we “could not afford to lose”
Mr. Weber and that MP needed to promote Mr. Weber. Another executive noted to
Miyoko that Mr. Weber was “our key to get to $200 million” in sales.
14. In January of 2022, at a Board meeting, Miyoko reported Mr.
Zabrodsky’s gendered behavior to Daniel Gluck (Managing Partner of PowerPlant
Partners), Mr. Kenney, Mr. Joaquin and Mr. Weber. Mr. Gluck quickly rebuffed
her by saying, “I don’t know about any misogyny, but we need to discuss [Mr.
Zabrodsky’s operations] report. What else does it say?”
15. In February 2022, Miyoko complained to Lisa Feria (an MP Board
member and Managing Partner & CEO at Stray Dog Capital, an investor of MP)
about gendered treatment against her by members of the Board. Miyoko perceived
much of this gendered treatment when it doubted her capabilities as CEO and
sought to hire a President to seize much of her responsibilities. Ms. Feria confided
in Miyoko about feeling ineffective and ignored by the male Board members in
meetings.
16. In late May of 2022, Miyoko complained to MP’s then Director of HR
about gendered treatment from Jorge Couce, a Senior Director at MP. Upon
information and belief, HR never investigated Miyoko’s gender discrimination
complaint.
17. On June 9, 2022, MP’s Board removed Miyoko from MP’s CEO role.
Miyoko remained as MP’s Board Chair and as a MP employee. Jon Blair, MP’s
Chief Financial Officer, stepped into the role of interim President to guide the
transition and run day-to-day operations.
18. On June 14, 2022, Miyoko emailed Mr. Blair to complain about Mr.
Weber. She stated in the email:
We lost two female employees due to [Mr. Weber’s]
mistreatment of them – I found an email from Louis [Kanganis]
about one of them, actually. He was going to fire another
female in his department earlier this year, someone who has
been here for years and while not stellar, has been a good
member of the team and is willing to do anything despite her
age and family issues. I was able to put a stop to that. He has a
dismissive way with female employees that is not good.
19. On July 9, 2022, Miyoko confirmed her prior oral complaints of gender
discrimination in an email to Ms. Feria, presenting a “timeline of misses, issues,
and other problems in [her] assessment of [Mr. Weber].” She wrote, in part:
At least 8 women have complained about [Mr. Weber’s]
rudeness, arrogance, and dismissive attitude. It is well known
that his demeanor toward them contributed to the parting of at
least two [names omitted]. Others were too afraid to complain
about him because he wields so much power. Tight with the HR
Director, making it difficult for low-level employees to do
anything. On a number of occasions, employees have come to
me with problems or complaints that had fallen on deaf ears
with HR or Ops. When I reported the complaints, and HR
would do an “investigation,” and the fault invariably fell with
those complaining, while those complained about were found
innocent. He has openly criticized a number of female
employees to me, calling them “not good,” “stupid,” “terrible,”
etc. One employee apparently reported leaving because of
“integrity issues” with René and Jorge. Prior to my
“reassignment,” I reported to René that it had come to my
attention that 4 women recently had felt dismissed or
disrespected by Jorge. He seemed surprised and told me to file
a complaint with HR, which I did. There was time to get back
to me on this before my vacation, and assuming that Lenora had
not been informed I had been fired, but she nor René never did.
20. Just a few days later, on July 28, 2022 MP terminated Miyoko’s
employment entirely. MP set August 12, 2022 as the effective termination date.
21. MP’s termination of Miyoko’s employment was an act of retaliation for
her complaints of discrimination against Mr. Weber and Mr. Zabrodsky. Indeed,
Mr. Joaquin earlier characterized Miyoko’s attempts to hold Mr. Weber
accountable for his misconduct as “irrational.” It bothered MP executives that
Miyoko stood up for her rights and the rights of other women in the company,
demanding respectful treatment and refusing to conform to the stereotype of a
docile, complacent, obedient Asian-American woman. Miyoko was not acceptable
to them as a person with decision-making power and authority in the company. It
was only the image of her celebrity status and prominence in the vegan and food
worlds which MP continues to use in branding and marketing that MP desired to
retain.
22. After Miyoko’s termination, Mr. Blair advised her that she could keep
the keys to MP’s premises and that she could keep her two company laptops.
23. MP never obtained the right to use Miyoko’s name, image and likeness
after her termination. Yet MP used Miyoko’s name, image and likeness on its
website and on a food truck that was about to commence a multi-week tour from
California to Austin. In August 18, 2022, Miyoko, through her legal counsel,
demanded that MP cease and desist its use and exploitation of her publicity rights.
After receiving no response, Miyoko, through her legal counsel, again demanded
that MP cease and desist its use and exploitation of her publicity rights. To this
day, MP has willfully refused to comply – Miyoko’s name, image and likeness
remains on its website and the food truck completed the multi-week tour from
California to Austin.
24. MP has excluded Miyoko from Board meetings and from her rights as a
director to “inspect and copy all books, records and documents of every kind” as
provided by California Corporations Code section 8334.
Here is video of Rene Weber saying Miyoko made all the recipes and built the business to what it is today June 2022. He said their cheese isn't an empty product made out of oil and starch, like the shreds? This guy doesn't seem to be into animals.He says the cheese is good for you and the planet. What about the animals? They don't have to be treated cruelly then killed. He's allegedly a Swiss master cheese maker. He appears to be pro dairy and pro dairy cheese. Here is his resume. He's from Bern. https://rocketreach.co/rene-weber-email_98230149
https://www.youtube.com/watch?v=-7eVmnk7b3g
March 1, 2023 Miyoko Schinner hired Lisa Bloom to represent her in the lawsuit.
https://breakthesilence.substack.com/p/miyoko-schinner-retains-lisa-bloom
Here is the complaint against Miyoko Schinner. It's a public document.
https://drive.google.com/file/d/10ZG7FpuwJdODjByVl11i-9hMt_5b_UrX/view?usp=sharing
Summary of lawsuit: Miyoko Schinner started Miyoko's, Miyoko's Kitchen, Miyoko's Creamery in 2013. It was incorporated in California and merged into a new Delaware corporation in 2019 as Miyoko's Kitchen Inc and Miyoko's PBC. Miyoko Schinner is an award-winning Vegan celebrity chef who developed the best vegan butter and cheeses while writing vegan cheese cookbooks. Through her many years of very hard work she made her company into a $250,000,000 company getting her product in all the major grocery stores and markets. She is a well respected business woman in her field. She also runs Rancho Compasion.
Miyoko's sought out venture capital starting in 2016 in order to expand production due to high demand. When you accept venture capital they expect a few seats on the board of directors. Miyoko's Creamery is a B Corporation and a Public Benefit PBC corporation. June 2022 the board voted to fire Miyoko Schinner as the CEO of Miyoko's. She was demoted to another position and stayed with the company and on the board as Chairman of the Board. There was expected to be negotiations on a separation, rearrangement with the company. That didn't happen and then the company fired Miyoko outright.
February 2023 the company sued Miyoko for allegedly taking trade secrets and records. Later that month Miyoko hired Lisa Bloom to represent her. There will most likely be a counter suit.
My personal opinion is that the finance guys on the board just wanted to make more profits. I think this had to do with Miyoko discontinuing the shreds and slices March 2022. "She would never approve an oil and starch product with no nutritional value. She admitted that the corporation had done so in order to “play the game.” She described the items as “compromises to the brand’s values and product guardrails.” " "In deciding to pull the product off the marketplace, we had to make the decision to take a hit to our revenues in order to re-establish our brand values.” I don't know anyone on the inside so this is just my speculation based on timing. She was fired, demoted three months later at the next board meeting.
Whatever the case the company should not have sued Miyoko. At the very minimum they should not have put everything they did in writing in the public lawsuit including her working agreement. They should have filed a vague suit then both parties could have agreed to keep all discovery, exhibits under seal. Sounds like some young finance guys thinking they're the Wolves of Wall Street making big mistakes. They are harming profits more than eliminating shreds and slices.
Company press release February 16,2023 about the lawsuit.
This list may not be up to date. I'm trying to verify.
Employees
Louis Kanganis is the company President.
Jon Blair CFO and acting CEO
Deborah Foster Co-Chief Executive Officer
Emad Halaka Co-Chief Executive Officer
May Ethan President
Pete Cohen President
René Weber Chief Operating Officer
Board of Directors
Christopher Kerr Unovis Asset Management Board Observer
Chuck Muth Self Board Member
Daniel Gluck PowerPlant Partners Board Member
James Joaquin Obvious Ventures Board Member
John Kenney Cult Capital Board Member
Investors
Bruce Friedrich Angel (individual) Minority
CPT Capital Venture Capital Minority
Ellen DeGeneres Angel (individual) Minority
Portia de Rossi Angel (individual) Minority
PowerPlant Partners Venture Capital Minority
ORIGINAL: U.S. District Court California Northern District (Oakland) CIVIL DOCKET FOR CASE #: 4:23-cv-00711-DMR
Miyoko's, PBC v. Schinner
Assigned to: Magistrate Judge Donna M. Ryu
Cause: 18:1836(a) - Injunction against Misappropriation of Trade Secrets
Date Filed: 02/16/2023
Jury Demand: Plaintiff
Nature of Suit: 880 Defend Trade Secrets Act (of 2016)
Jurisdiction: Federal Question
Plaintiff
Miyoko's, PBC, a Delaware Corporation represented by Mike Costes Flesuras Mintz
3580 Carmel Mountain Rd Ste 300
San Diego, CA 92130
951-551-4557
Email: mcflesuras@mintz.com
LEAD ATTORNEY
Nicole M Rivers 858-314-1897 Email: NMRivers@mintz.com
Micha Danzig Mintz Levin Cohn Ferris Glovsky and Popeo PC 858-314-1500 Fax: 858-314-1500 Email: mdanzig@mintz.com
V.
Defendant
Miyoko Schinner represented by Alan Goldstein The Bloom Firm 26565 Agoura Road Suite 200 Calabasas, CA 91302 818-914-7319 Email: Avi@thebloomfirm.com
Lisa Bloom The Bloom Firm
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| Miyoko's Creamery, Miyoko Schinner, Lisa Bloom, lawsuit, complaint, mary cummins, investigative reporter, trade secrets, vegan, cheese, vegan cheese, woman, board, Louis Kanganis |
DOCKET BELOW.
Date Filed # Docket Text
02/16/2023 1 COMPLAINT (with jury demand) against Miyoko Schinner (Filing fee $ 402, receipt number ACANDC-17999346). Filed by Miyoko's, PBC. (Attachments: # 1 Civil Cover Sheet)(Danzig, Micha) (Filed on 2/16/2023) Modified on 2/17/2023 (cjl, COURT STAFF). (Entered: 02/16/2023)
02/16/2023 2 Proposed Summons. (Danzig, Micha) (Filed on 2/16/2023) (Entered: 02/16/2023)
02/16/2023 3 Rule 7.1 Disclosures by Miyoko's, PBC (Danzig, Micha) (Filed on 2/16/2023) (Entered: 02/16/2023)
02/16/2023 4 Certificate of Interested Entities by Miyoko's, PBC (Danzig, Micha) (Filed on 2/16/2023) (Entered: 02/17/2023)
02/17/2023 5 Case assigned to Magistrate Judge Donna M. Ryu.
Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.
Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 3/3/2023. (jrs, COURT STAFF) (Filed on 2/17/2023) (Entered: 02/17/2023)
02/17/2023 6 Summons Issued as to Miyoko Schinner. (cjl, COURT STAFF) (Filed on 2/17/2023) (Entered: 02/17/2023)
02/17/2023 7 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 5/10/2023. Initial Case Management Conference set for 5/17/2023 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (cjl, COURT STAFF) (Filed on 2/17/2023) (Entered: 02/17/2023)
02/27/2023 8 NOTICE of Appearance by Alan Goldstein for Defendant Miyoko Schinner (Goldstein, Alan) (Filed on 2/27/2023) (Entered: 02/27/2023)
02/27/2023 9 NOTICE of Appearance by Alan Goldstein for Lisa Bloom for Defendant Miyoko Schinner (Goldstein, Alan) (Filed on 2/27/2023) (Entered: 02/27/2023)
02/28/2023 Electronic filing error. Attorney Alan Goldstein Must Update ECF Profile with Current Contact Information. [err102] Re: 8 Notice of Appearance filed by Miyoko Schinner. (cjl, COURT STAFF) (Filed on 2/28/2023) (Entered: 02/28/2023)
02/28/2023 Electronic filing error. Each attorney of Record Must file Their Own Notice of Appearance Using Their Own ECF Sign on. Additionally, the Document Should Reflect the Correct Jurisdiction. [err102] This filing will not be processed by the clerks office. Please re-file in its entirety Re: 9 Notice of Appearance filed by Miyoko Schinner. (cjl, COURT STAFF) (Filed on 2/28/2023) (Entered: 02/28/2023)
03/01/2023 10 NOTICE of Appearance by Lisa Bloom for Defendant Miyoko Schinner (Bloom, Lisa) (Filed on 3/1/2023) (Entered: 03/01/2023)
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