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Case 8:21-cv-00507-WFJ-AEP Document 1 Filed 03/04/21 Page 1 of 11 PageID 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE
`MIDDLE DISTRICT OF FLORIDA
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`
`
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`DATREC, LLC,
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`Plaintiff,
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`v.
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`
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`GREENWAY HEALTH, LLC
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`
`
`
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`Defendant.
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`)
`)
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`Civil Action No. 8:21-cv-507
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`PLAINTIFF’S ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`DatRec, LLC (“DatRec”) files this Original Complaint and demand for jury trial seeking
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`relief from patent infringement of the claims of U.S. Patent No. 8,156,158 (“the ‘158 patent”)
`
`(referred to as the “Patent-in-Suit”) by Greenway Health, LLC.
`
`
`
`I.
`
`THE PARTIES
`
`1. Plaintiff DatRec is a Texas Limited Liability Company with its principal place of business
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`located in Harris County, Texas.
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`2. On information and belief, Greenway health, LLC (“Greenway”) is a limited liability
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`company organized and existing under the laws of Florida, with a principal place of business
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`located at 4301 W. Boy Scout Blvd., Suite 800, Tampa, FL 33607, in the U.S. District Court for
`
`the Middle District of Florida. On information and belief, Greenway sells and offers to sell
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`products and services throughout Florida, including in this judicial district, and introduces products
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`and services that perform infringing methods or processes into the stream of commerce knowing
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`that they would be sold in Florida and this judicial district. Greenway can be served with process
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`at 4301 W. Boy Scout Blvd., Suite 800 Tampa, FL 33607 or anywhere else it may be served.
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`
`
`
`
`1
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`

`

`Case 8:21-cv-00507-WFJ-AEP Document 1 Filed 03/04/21 Page 2 of 11 PageID 2
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`
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`II.
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`JURISDICTION AND VENUE
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`3. This Court has original subject-matter jurisdiction over the entire action pursuant to 28
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`U.S.C. §§ 1331 and 1338(a) because Plaintiff’s claim arises under an Act of Congress relating to
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`patents, namely, 35 U.S.C. § 271.
`
`4. This Court also has original subject-matter jurisdiction over the entire action pursuant to
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`28 U.S.C. § 1332(a)(1) because Plaintiff is a limited liability company organized under the laws
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`of the State of Texas and Defendants are a Florida limited liability company with a principal,
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`physical place of business in Florida. The matter in controversy exceeds the sum or value of
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`$75,000, exclusive of interest and costs.
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`5. This Court has personal jurisdiction over Defendant because: (i) Defendant is present
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`within or has minimum contacts within the State of Florida and this judicial district; (ii) Defendant
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`has purposefully availed itself of the privileges of conducting business in the State of Florida and
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`in this judicial district; and (iii) Plaintiff’s cause of action arises directly from Defendant’s business
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`contacts and other activities in the State of Florida and in this judicial district.
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`6. Venue is proper in this district under 28 U.S.C. §§ 1391(b) and 1400(b). Defendant has
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`committed acts of infringement and has a regular and established place of business in this District.
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`Further, venue is proper because Defendant conducts substantial business in this forum, directly
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`or through intermediaries, including: (i) at least a portion of the infringements alleged herein; and
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`(ii) regularly doing or soliciting business, engaging in other persistent courses of conduct and/or
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`deriving substantial revenue from goods and services provided to individuals in Florida and this
`
`District.
`
`///
`
`
`
`
`
`2
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`

`

`Case 8:21-cv-00507-WFJ-AEP Document 1 Filed 03/04/21 Page 3 of 11 PageID 3
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`
`
`III.
`
`INFRINGEMENT
`
`A. Infringement of the ’158 Patent
`
`
`7. On April 10, 2012, U.S. Patent No. 8,156,158 (“the ’158 patent”, attached as Exhibit A)
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`entitled “Method and System for Use of a Database of Personal Data Records” was duly and legally
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`issued by the U.S. Patent and Trademark Office. DatRec, LLC owns the ’158 patent by
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`assignment.
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`8. The ’158 patent relates to a novel and improved manner of constructing a verified database
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`of identified individuals capable of processing with a subgroup of at least one medical application.
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`9. Greenway maintains, operates, and administers an electronic health record (“EHR”) that
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`infringes one or more claims of the ‘158 patent, including one or more of claims 1-23, literally or
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`under the doctrine of equivalents. Defendant put the inventions claimed by the ‘158 Patent into
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`service (i.e., used them); but for Defendant’s actions, the claimed-inventions embodiments
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`involving Defendant’s products and services would never have been put into service. Defendant’s
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`acts complained of herein caused those claimed-invention embodiments as a whole to perform,
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`and Defendant’s procurement of monetary and commercial benefit from it.
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`10. Support for the allegations of infringement may be found in the following preliminary
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`table:
`
`Exemplary Claim
`
`A method for using
`and managing a
`database, the
`method comprising:
`
`GreenwayHealth Prime Suit
`
`GreenwayHealth Prime Suit provides a system and/or method for
`using and managing a database:
`
`
`
`
`
`3
`
`

`

`Case 8:21-cv-00507-WFJ-AEP Document 1 Filed 03/04/21 Page 4 of 11 PageID 4
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`Exemplary Claim
`
`GreenwayHealth Prime Suit
`
`
`
`Attachment 1 (Prime Suite | Greenway Health) at 1.
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`Source: https://www.greenwayhealth.com/prime-suite
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`
`
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`
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`Attachment 1 (Prime Suite | Greenway Health) at 3.
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`Source: https://www.greenwayhealth.com/prime-suite
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`
`
` Notes: GreenwayHealth has records and user can access and
`exchange patient records with GreenwayHealth, thus GreenwayHealth
`include a database to manage the records.
`
`
`
`
`
`
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`
`
`
`
`providing a verified
`database of a
`plurality of
`identified
`individuals, the
`verified database
`
`
`
`A verified database of a plurality of identified individuals is provided
`which comprises a plurality of individual-identifier data sets (IDSs) and
`relationship data. The following exemplifies this limitation’s existence
`in GreenwayHealth Prime Suit:
`
`4
`
`

`

`Case 8:21-cv-00507-WFJ-AEP Document 1 Filed 03/04/21 Page 5 of 11 PageID 5
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`GreenwayHealth Prime Suit
`
` The GreenwayHealth Prime Suit does not provide relationship
`data
`
`Exemplary Claim
`
`comprising a
`plurality of
`individual-
`identifier data sets
`(IDSs) and
`relationship data;
`and
`
` Attachment 2 (Patient Engagement) at 1
`
`
`
`https://www.greenwayhealth.com/solutions/patient-
`
`Source:
`engagement
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`
`
`
`
`
`
`Attachment 6 (AxtX) at 1.
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`5
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`
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`
`

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`Case 8:21-cv-00507-WFJ-AEP Document 1 Filed 03/04/21 Page 6 of 11 PageID 6
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`Exemplary Claim
`
`GreenwayHealth Prime Suit
`
`https://www.greenwayhealth.com/marketplace/actx
`
`Notes: PrimeSuit can use patient’s genetics to provide personalized
`medicine service, but patient’s genetics are different from relationship
`data.
`
`The verified database is processed in accordance with one or more
`parameters or conditions selected in accordance with at least one
`medical application and a sub-group database is created (for example,
`filtering, sorting, etc.) including data records of the individuals from the
`verified database having said one or more selected parameters or
`conditions, thereby allowing collection of data comprising one or more
`selected parameters or conditions and delivery of at least part of the
`collected data to one or more users. Further, data from the verified
`database is applied to provide personalized medicine service to at least
`one of the identified individuals. The following exemplifies this
`limitation’s existence in GreenwayHealth Prime Suit:
`
`:
`
`
`
`
`
`
`
`Attachment 3 (Population Health) at 1.
`Source: https://www.greenwayhealth.com/solutions/population-health
`
`Attachment 3 (Population Health) at 2.
`Source: https://www.greenwayhealth.com/solutions/population-health
`
`
`
`processing said
`verified database
`in accordance
`with one or more
`parameters or
`conditions
`selected in
`accordance with at
`least one medical
`application and
`creating a sub-
`group database
`including data
`records of the
`individuals from
`the verified
`database having
`said one or more
`selected
`parameters or
`conditions,
`thereby allowing
`collection of data
`comprising one or
`more selected
`parameters or
`conditions and
`delivery of at least
`part of the
`collected data to
`one or more users
`and enable to
`apply data from
`
`
`
`6
`
`

`

`Case 8:21-cv-00507-WFJ-AEP Document 1 Filed 03/04/21 Page 7 of 11 PageID 7
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`Exemplary Claim
`
`GreenwayHealth Prime Suit
`
`said verified
`database to
`provide
`personalized
`medicine service
`to at least one of
`said identified
`individuals;
`
`wherein said
`providing of the
`verified database
`comprises:
`permitting a
`plurality of
`individuals to
`enter individual-
`associated data
`bits (IDBS) into a
`computerized
`system, each of
`the IDBs
`comprising at
`least one personal
`identifier relating
`to the individual
`and relationship
`data comprising
`
`Attachment 3 (Population Health) at 4.
`Source: https://www.greenwayhealth.com/solutions/population-health
`
`
`
`Notes: clinical data are “parameters or conditions”.
`
`
`
`
`
`
`
`
`
`
`
`
`
`a verified database of a plurality of identified individuals is provided
`which comprises a plurality of individual-identifier data sets (IDSs) and
`relationship data. A plurality of individuals is permitted to enter
`individual-associated data bits (IDBS) into a computerized system, each
`of the IDBs comprising at least one personal identifier relating to the
`individual and relationship data comprising data on one or more related
`individuals and the nature of relationship. The entered IDBs are
`processed to generate the IDS, one for each identified individual, being
`either said individual who has entered the individual-associated data
`bits or one of the related individuals and construct the verified database
`comprising IDSs of identified individuals. The following exemplifies
`this limitation’s existence in GreenwayHealth Prime Suit:
`
`
`
`
`
`
`
`7
`
`

`

`Case 8:21-cv-00507-WFJ-AEP Document 1 Filed 03/04/21 Page 8 of 11 PageID 8
`
`Exemplary Claim
`
`GreenwayHealth Prime Suit
`
`
`
`
`
`
`
`Attachment 4 (Online Patient Portal) at 3.
`
`https://www.greenwayhealth.com/solutions/online-patient-portal
`
`
`
`
`
`data on one or
`more related
`individuals and
`the nature of
`relationship;
`
`processing the
`entered IDBs to
`generate the IDS,
`one for each
`identified
`individual, being
`either said
`individual who
`has entered the
`individual-
`associated data
`bits or one of the
`related individuals
`and construct the
`verified database
`comprising IDSs
`of identified
`individuals.
`
`Attachment 5 (Medical Practice Management Software) at 4
`
`https://www.greenwayhealth.com/solutions/medical-practice-
`management-software
`
`
`
`
`
`
`
`
`
`
`
`
`
`8
`
`

`

`Case 8:21-cv-00507-WFJ-AEP Document 1 Filed 03/04/21 Page 9 of 11 PageID 9
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`These allegations of infringement are preliminary and are therefore subject to change.
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`11. Greenway has and continues to induce infringement. Greenway has actively encouraged or
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`instructed others (e.g., its customers and/or the customers of its related companies), and continues
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`to do so, on how to use its products and services (e.g., question and answer services on the Internet]
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`and related services that provide question and answer services across the Internet such as to cause
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`infringement of one or more of claims 1–23 of the ’158 patent, literally or under the doctrine of
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`equivalents. Moreover, Greenway has known of the ’158 patent and the technology underlying it
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`from at least the date of issuance of the patent.
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`12. Greenway has and continues to contributorily infringe. Greenway has actively encouraged
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`or instructed others (e.g., its customers and/or the customers of its related companies), and
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`continues to do so, on how to use its products and services (e.g., question and answer services on
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`the Internet] and related services that provide question and answer services across the Internet such
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`as to cause infringement of one or more of claims 1–23 of the ’158 patent, literally or under the
`
`doctrine of equivalents. Moreover, Greenway has known of the ’158 patent and the technology
`
`underlying it from at least the date of issuance of the patent.
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`13. Greenway has caused and will continue to cause DatRec damage by direct and indirect
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`infringement of (including inducing infringement of) the claims of the ’158 patent.
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`JURY DEMAND
`
`IV.
`
`DatRec hereby requests a trial by jury on issues so triable by right.
`
`V.
`
`PRAYER FOR RELIEF
`
`
`WHEREFORE, DatRec prays for relief as follows:
`
`a.
`
`enter judgment that Defendant has infringed the claims of the ‘158 patent through
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`Greenway’s EHR;
`
`
`
`9
`
`

`

`Case 8:21-cv-00507-WFJ-AEP Document 1 Filed 03/04/21 Page 10 of 11 PageID 10
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`b.
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`award DatRec damages in an amount sufficient to compensate it for Defendant’s
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`infringement of the ‘158 patent in an amount no less than a reasonable royalty or lost
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`profits, together with pre-judgment and post-judgment interest and costs under 35 U.S.C.
`
`§ 284;
`
`c.
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`award DatRec an accounting for acts of infringement not presented at trial and an award
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`by the Court of additional damage for any such acts of infringement;
`
`d.
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`declare this case to be “exceptional” under 35 U.S.C. § 285 and award DatRec its attorneys’
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`fees, expenses, and costs incurred in this action;
`
`e.
`
`declare Defendant’s infringement to be willful and treble the damages, including attorneys’
`
`fees, expenses, and costs incurred in this action and an increase in the damage award
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`pursuant to 35 U.S.C. § 284;
`
`f.
`
`a decree addressing future infringement that either (i) awards a permanent injunction
`
`enjoining Defendant and its agents, servants, employees, affiliates, divisions, and
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`subsidiaries, and those in association with Defendant from infringing the claims of the
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`Patents-in-Suit, or (ii) awards damages for future infringement in lieu of an injunction in
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`an amount consistent with the fact that for future infringement the Defendant will be an
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`adjudicated infringer of a valid patent, and trebles that amount in view of the fact that the
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`future infringement will be willful as a matter of law; and
`
`g.
`
`award DatRec such other and further relief as this Court deems just and proper.
`
`DATED: March 4, 2021
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`Respectfully submitted,
`
`/s/Victoria E. Brieant
`Victoria E. Brieant (CA Bar No. 141519)
`Law Office of Victoria E. Brieant, P.A.
`4000 Ponce de Leon Boulevard, Suite 470
`
`
`
`10
`
`

`

`Case 8:21-cv-00507-WFJ-AEP Document 1 Filed 03/04/21 Page 11 of 11 PageID 11
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`Coral Gables, FL 33146
`Telephone: (305) 413-9026
`
`Attorneys for Plaintiff
`DATREC, LLC
`
`
`
`11
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`

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