On Thu, Nov 21, 2013 at 10:12 AM, Allen, Louise wrote:
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- Brendan Wilkinson
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3 Allen, Louise From: Luehrs, Dawn Sent: Thursday, November 21, :30 PM To: Allen, Louise Subject: RE: "22JS" Hollywood Football Headquarter Rental Agreement 11/6/13 If all else fails, have her make a good copy and mail it to you/us..d Dawn Luehrs Director, Risk Management Production (310) Direct Line (310) Fax (310) Cell From: Allen, Louise Sent: Thursday, November 21, :05 AM To: Lauren Von Huene Cc: Luehrs, Dawn; Hunter, Dennis Subject: RE: "22JS" Hollywood Football Headquarter Rental Agreement 11/6/13 No, but, if there is a claim or if this vendor is used on another production, there has to be a signed copy that can be read. We can t use this copy as you can t read it. Did you make it as dark as you could? Louise Allen Risk Management T: (519) From: Lauren Von Huene [mailto:lauren.vonhuene@gmail.com] Sent: Thursday, November 21, :52 PM To: Allen, Louise Cc: Hunter, Dennis; Clements, John; Corral, Pete; Herrera, Terri; Barnes, Britianey; Luehrs, Dawn; Zechowy, Linda Subject: Re: "22JS" Hollywood Football Headquarter Rental Agreement 11/6/13 Yes, I can. Are there any questions regarding this agreement? Lauren On Thu, Nov 21, 2013 at 10:12 AM, Allen, Louise <Louise_Allen@spe.sony.com> wrote: Can you read the original that you have? 1
4 Allen, Louise From: Allen, Louise Sent: Thursday, November 21, :11 PM To: 'Lauren Von Huene' Cc: Luehrs, Dawn; Hunter, Dennis; Zechowy, Linda; Herrera, Terri Subject: RE: "22JS" Hollywood Football Headquarter Rental Agreement 11/6/13 Lauren if you aren t able to scan a copy dark enough to read, please mail a dark copy that is readable to our office W Washington Blvd, Capra 110, Culver City, CA Attn: Risk Mgmt/Louise Allen Louise Allen Risk Management T: (519) From: Allen, Louise Sent: Thursday, November 21, :05 PM To: 'Lauren Von Huene' Cc: Luehrs, Dawn; Hunter, Dennis Subject: RE: "22JS" Hollywood Football Headquarter Rental Agreement 11/6/13 No, but, if there is a claim or if this vendor is used on another production, there has to be a signed copy that can be read. We can t use this copy as you can t read it. Did you make it as dark as you could? Louise Allen Risk Management T: (519) From: Lauren Von Huene [mailto:lauren.vonhuene@gmail.com] Sent: Thursday, November 21, :52 PM To: Allen, Louise Cc: Hunter, Dennis; Clements, John; Corral, Pete; Herrera, Terri; Barnes, Britianey; Luehrs, Dawn; Zechowy, Linda Subject: Re: "22JS" Hollywood Football Headquarter Rental Agreement 11/6/13 Yes, I can. Are there any questions regarding this agreement? Lauren On Thu, Nov 21, 2013 at 10:12 AM, Allen, Louise <Louise_Allen@spe.sony.com> wrote: Can you read the original that you have? 1
5 Louise Allen Risk Management T: (519) From: Lauren Von Huene Sent: Thursday, November 21, :08 AM To: Allen, Louise Cc: Hunter, Dennis; Clements, John; Corral, Pete; Herrera, Terri; Barnes, Britianey; Luehrs, Dawn; Zechowy, Linda Subject: Re: "22JS" Hollywood Football Headquarter Rental Agreement 11/6/13 Hey Louise, I have attached a darker copy of the signed agreement, but I still can't read it so I attached the word document as well. Hope this helps. Thanks Lauren On Wed, Nov 20, 2013 at 3:18 PM, Allen, Louise <Louise_Allen@spe.sony.com> wrote: Would you please send a darker copy of this executed agreement as all the redlined changes appear invisible on the executed copy. Louise Allen 2
6 Allen, Louise From: Allen, Louise Sent: Wednesday, November 20, :18 PM To: 'Lauren Von Huene'; Hunter, Dennis Cc: Clements, John; Corral, Pete; Herrera, Terri; Barnes, Britianey; Luehrs, Dawn; Zechowy, Linda Subject: RE: "22JS" Hollywood Football Headquarter Rental Agreement 11/6/13 Would you please send a darker copy of this executed agreement as all the redlined changes appear invisible on the executed copy. Louise Allen Risk Management T: (519) From: Lauren Von Huene [mailto:lauren.vonhuene@gmail.com] Sent: Tuesday, November 19, :25 PM To: Hunter, Dennis Cc: Clements, John; Corral, Pete; Herrera, Terri; Barnes, Britianey; Luehrs, Dawn; Zechowy, Linda; Allen, Louise Subject: Re: "22JS" Hollywood Football Headquarter Rental Agreement 11/6/13 Hi Dennis, Attached is the signed agreement from Hollywood Football Headquarters. Let me know if you have any questions. Lauren On Tue, Nov 19, 2013 at 2:30 PM, Hunter, Dennis <Dennis_Hunter@spe.sony.com> wrote: Hey Lauren, Just checking in on this one. Any word from the vendor? Dennis 1
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9 Allen, Louise From: Lauren Von Huene Sent: Monday, November 11, :12 PM To: Allen, Louise Cc: Hunter, Dennis; Clements, John; Corral, Pete; Herrera, Terri; Barnes, Britianey; Luehrs, Dawn; Zechowy, Linda Subject: Re: "22JS" Hollywood Football Headquarter Rental Agreement 11/6/13 Ok thank you. I will forward this onto my contact. Best, Lauren On Mon, Nov 11, 2013 at 12:11 PM, Allen, Louise <Louise_Allen@spe.sony.com> wrote: Lauren please use this version. After consulting with Dennis, we moved the exclusionary phrase in paragraph 6 to the end of the sentence and left in the wording about damages. Sorry about any confusion. Louise Allen Risk Management T: (519) From: Hunter, Dennis Sent: Monday, November 11, :05 PM To: Lauren Von Huene Cc: Clements, John; Corral, Pete; Herrera, Terri; Barnes, Britianey; Luehrs, Dawn; Zechowy, Linda; Allen, Louise Subject: RE:"22JS" Hollywood Football Headquarter Rental Agreement 11/6/13 Hi Lauren, 1
10 Please go with the attached. I reinserted their limitation on damages provision. I also deleted the screen credit provision again. We don t credit vendors that don t have blanket master agreements with us. Dennis From: Allen, Louise Sent: Monday, November 11, :48 AM To: Lauren Von Huene; Hunter, Dennis Cc: Clements, John; Corral, Pete; Herrera, Terri; Barnes, Britianey; Luehrs, Dawn; Zechowy, Linda Subject: RE: FW: "22JS" Hollywood Football Headquarter Rental Agreement 11/6/13 Here are my comment re: the two Risk Mgmt changes not made. In paragraph 2, I inserted to the fullest extent permitted by law in place of the omitted negligence and willful misconduct language from my prior mark up. See if this change is acceptable. In paragraph 6, I deleted the words about special and consequential damages again. If that wording remains in the contract, insurance may not cover these losses so production may be out of pocket for the costs. This will ultimately be a business decision for production. Please wait for Dennis further comments on the legal revisions omitted before sending to the vendor. Louise Allen Risk Management T: (519) From: Lauren Von Huene [mailto:lauren.vonhuene@gmail.com] Sent: Sunday, November 10, :37 PM 2
11 Hollywood Football Headquarters OWNER: Hollywood Football Headquarters, LLC Phone: Indian Wood Rd #388 Culver City, CA DESCRIPTION RENTER: 21 Jump Productions, LLC22 Jump Street Address: 600 Edwards Avenue, Harahan, LA Place of Use: New Orleans, LA Contact: Producer, Brian Bell Rental Date: October 30-November 15, 2013 Phone: RENTAL TERMS AND CONDITIONS EQUIPMENT RENTAL AGREEMENT 1. The RENTER shall keep and maintain the rented equipment during the terms of the rental: 10/30/ /18/2013from when received until the date RENTER ships back at his own cost and expense. He shall keep the equipment in a as good state of repair as when received; normal wear and tear excepted. 2. The RENTER shall pay the OWNER the lesser of full compensation for replacement cost and/or repair cost of any equipment which is not returned because it is lost or stolen or any equipment which is damaged and in need of repair to put it into the same condition it was in at the time of rental, normal wear and tear excepted and to the fullest extent permitted by law. The OWNER s reasonable invoice for replacement or repair is conclusive as to the amount RENTER shall pay for repair or replacement of any items missing. 3. The RENTER shall not remove the equipment from the address of the RENTER or the location shown herein as the place of use of the equipment without prior approval of the OWNER. The equipment shall be delivered to RENTER or picked up at the RENTER s risk, cost and expense, except as respects the negligence or willful misconduct of OWNER. If a periodic rental rate is charged by OWNER, rental charges are billed to the RENTER for each period or portions of the period from the time the equipment is delivered ordered to RENTER until its return. If a term rental rate is charged by OWNER, rental charges are billed to the RENTER for the full term even if the equipment is returned before the end of the term. If the equipment is not returned during or at the end of the term, then the rental charges shall continue on a full term basis for any additional term or portion thereof until the equipment is returned. 4. No allowance will be made for any rented equipment or portion thereof which is claimed not to have been used. Acceptance of returned equipment by OWNER does not constitute a waiver of any of the rights OWNER has under the rental agreement. 5. The RENTER shall not pledge or encumber the rented equipment in any way. The OWNER may terminate this agreement immediately upon the failure of RENTER to make rental payments by June 25 th, 2013by November 27, 2013 or upon RENTER s filling for protection from creditors in any court of competent jurisdiction. 6. RENTER indemnifies and holds OWNER harmless for all injuries or damage of any kind to those using equipment, except as respects the negligence or willful misconduct of OWNER and for all consequential and special damages, except as respects the negligence or willful misconduct of Hollywood Football Headquarters Equipment Rental Agreement
12 OWNER. 7. The RENTER shall pay all reasonable outside attorney fees for any legal action taken to collect any amounts due to the OWNER and other fees incurred by OWNER in protection of its rights under this rental agreement. 8. These terms are accepted by the RENTER upon delivery of the terms to the RENTER or the agent or other representative of RENTER. 9. The RENTER agrees to give Hollywood Football Headquarters a screen credit as well as list on call sheet as a vendor supplying football uniforms/football costumes and equipmentintentionally deleted. Date RENTER s Signature RENTER s Name Printed Hollywood Football Headquarters Equipment Rental Agreement
13 Allen, Louise From: Allen, Louise Sent: Monday, November 11, :54 PM To: Hunter, Dennis; Lauren Von Huene Cc: Clements, John; Corral, Pete; Herrera, Terri; Barnes, Britianey; Luehrs, Dawn; Zechowy, Linda Subject: RE: FW: "22JS" Hollywood Football Headquarter Rental Agreement 11/6/13 OK as long as production is comfortable paying out of pocket if insurance does not cover. Louise Allen Risk Management T: (519) From: Hunter, Dennis Sent: Monday, November 11, :52 PM To: Allen, Louise; Lauren Von Huene Cc: Clements, John; Corral, Pete; Herrera, Terri; Barnes, Britianey; Luehrs, Dawn; Zechowy, Linda Subject: RE: FW: "22JS" Hollywood Football Headquarter Rental Agreement 11/6/13 Hi Louise, I actually don t have a problem with the vendor being protected from consequential and special damages. Those two terms would mean the following: 1. Consequential Damages these are damages as a result of direct damages, i.e., loss of business, loss of revenue. 2. Special Damages these are undefined damages that are awarded as a means for punishment they are not as excessive as punitive, but still are damages that cannot be quantified. If the vendor doesn t want to be exposed to both of those, we can live with it. Dennis From: Allen, Louise Sent: Monday, November 11, :48 AM To: Lauren Von Huene; Hunter, Dennis Cc: Clements, John; Corral, Pete; Herrera, Terri; Barnes, Britianey; Luehrs, Dawn; Zechowy, Linda Subject: RE: FW: "22JS" Hollywood Football Headquarter Rental Agreement 11/6/13 Here are my comment re: the two Risk Mgmt changes not made. In paragraph 2, I inserted to the fullest extent permitted by law in place of the omitted negligence and willful misconduct language from my prior mark up. See if this change is acceptable. In paragraph 6, I deleted the words about special and consequential damages again. If that wording remains in the contract, insurance may not cover these losses so production may be out of pocket for the costs. This will ultimately be a business decision for production. 1
14 Please wait for Dennis further comments on the legal revisions omitted before sending to the vendor. Louise Allen Risk Management T: (519) From: Lauren Von Huene Sent: Sunday, November 10, :37 PM To: Hunter, Dennis Cc: Clements, John; Corral, Pete; Herrera, Terri; Allen, Louise; Barnes, Britianey; Luehrs, Dawn; Zechowy, Linda Subject: Re: FW: "22JS" Hollywood Football Headquarter Rental Agreement 11/6/13 Hi Dennis, Attached please find the rental agreement for final approval for signature. Please call me with any questions. Lauren On Fri, Nov 8, 2013 at 7:04 PM, Lauren Von Huene wrote: Thanks Dennis, Sending this off to the vendor now for approval. Thanks Lauren On Fri, Nov 8, 2013 at 6:54 PM, Hunter, Dennis wrote: Hi John, Between Lauren and I we were able to determine that the helmets are Riddell Revolution helmets and Schutt XP helmets. I did the research and both brands and models of helmets pass the NOCSAE testing. I'm attaching a link I found with the background of the testing and the Severity Index ratings. Lauren - go ahead and send the comments to the vendor. 2
15 Hollywood Football Headquarters OWNER: Hollywood Football Headquarters, LLC Phone: Indian Wood Rd #388 Culver City, CA DESCRIPTION RENTER: 21 Jump Productions, LLC22 Jump Street Address: 600 Edwards Avenue, Harahan, LA Place of Use: New Orleans, LA Contact: Producer, Brian Bell Rental Date: October 30-November 15, 2013 Phone: RENTAL TERMS AND CONDITIONS EQUIPMENT RENTAL AGREEMENT 1. The RENTER shall keep and maintain the rented equipment during the terms of the rental: 10/30/ /18/2013from when received until the date RENTER ships back at his own cost and expense. He shall keep the equipment in a as good state of repair as when received; normal wear and tear excepted. 2. The RENTER shall pay the OWNER the lesser of full compensation for replacement cost and/or repair cost of any equipment which is not returned because it is lost or stolen or any equipment which is damaged and in need of repair to put it into the same condition it was in at the time of rental, normal wear and tear excepted and to the fullest extent permitted by law. The OWNER s reasonable invoice for replacement or repair is conclusive as to the amount RENTER shall pay for repair or replacement of any items missing. 3. The RENTER shall not remove the equipment from the address of the RENTER or the location shown herein as the place of use of the equipment without prior approval of the OWNER. The equipment shall be delivered to RENTER or picked up at the RENTER s risk, cost and expense, except as respects the negligence or willful misconduct of OWNER. If a periodic rental rate is charged by OWNER, rental charges are billed to the RENTER for each period or portions of the period from the time the equipment is delivered ordered to RENTER until its return. If a term rental rate is charged by OWNER, rental charges are billed to the RENTER for the full term even if the equipment is returned before the end of the term. If the equipment is not returned during or at the end of the term, then the rental charges shall continue on a full term basis for any additional term or portion thereof until the equipment is returned. 4. No allowance will be made for any rented equipment or portion thereof which is claimed not to have been used. Acceptance of returned equipment by OWNER does not constitute a waiver of any of the rights OWNER has under the rental agreement. 5. The RENTER shall not pledge or encumber the rented equipment in any way. The OWNER may terminate this agreement immediately upon the failure of RENTER to make rental payments by June 25 th, 2013by November 27, 2013 or upon RENTER s filling for protection from creditors in any court of competent jurisdiction. 6. RENTER indemnifies and holds OWNER harmless for all injuries or damage of any kind to those using equipment, except as respects the negligence or willful misconduct of OWNER. and for all consequential and special damages. Hollywood Football Headquarters Equipment Rental Agreement
16 7. The RENTER shall pay all reasonable outside attorney fees for any legal action taken to collect any amounts due to the OWNER and other fees incurred by OWNER in protection of its rights under this rental agreement. 8. These terms are accepted by the RENTER upon delivery of the terms to the RENTER or the agent or other representative of RENTER. 9. The RENTER agrees to give Hollywood Football Headquarters a screen credit as well as list on call sheet as a vendor supplying football uniforms/football costumes and equipment. Date RENTER s Signature RENTER s Name Printed Hollywood Football Headquarters Equipment Rental Agreement
17 Allen, Louise From: Lauren Von Huene Sent: Friday, November 08, :05 PM To: Hunter, Dennis Cc: Clements, John; Corral, Pete; Herrera, Terri; Allen, Louise; Barnes, Britianey; Luehrs, Dawn; Zechowy, Linda Subject: Re: FW: "22JS" Hollywood Football Headquarter Rental Agreement 11/6/13 Thanks Dennis, Sending this off to the vendor now for approval. Thanks Lauren On Fri, Nov 8, 2013 at 6:54 PM, Hunter, Dennis wrote: Hi John, Between Lauren and I we were able to determine that the helmets are Riddell Revolution helmets and Schutt XP helmets. I did the research and both brands and models of helmets pass the NOCSAE testing. I'm attaching a link I found with the background of the testing and the Severity Index ratings. Lauren - go ahead and send the comments to the vendor. Dennis From: Lauren Von Huene [mailto:lauren.vonhuene@gmail.com] Sent: Friday, November 08, :43 PM To: Hunter, Dennis Cc: Allen, Louise; Zechowy, Linda; Herrera, Terri; Luehrs, Dawn; Barnes, Britianey; Corral, Pete; Clements, John 1
18 Subject: Re: "22JS" Hollywood Football Headquarter Rental Agreement 11/6/13 Hey Dennis, I finally received the receipts of the helmets. All the helmets are are under a year old and have never been used before. There is a sticker inside each one stating they are qualified for use of football. Lauren On Fri, Nov 8, 2013 at 1:52 PM, Hunter, Dennis <Dennis_Hunter@spe.sony.com> wrote: Thanks Louise, Lauren hold off forwarding to the vendor until we get the certification documentation. Dennis From: Allen, Louise Sent: Friday, November 08, :49 AM To: Hunter, Dennis; Zechowy, Linda; Herrera, Terri; Luehrs, Dawn; Barnes, Britianey Cc: Corral, Pete; Clements, John; Lauren Von Huene Subject: RE: "22JS" Hollywood Football Headquarter Rental Agreement 11/6/13 Hey Dennis! As we discussed, I definitely hear what you are saying but I don t think we can do anything as respects the Owner other than carve out our usual except if due to the negligence or willful misconduct. If the Owner, for example, negligently alters the equipment, then the Owner should be liable. This type of activity just comes with some inherent risk. 2
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21 Allen, Louise From: Sent: To: Cc: Subject: Attachments: Hunter, Dennis Friday, November 08, :56 PM Clements, John Lauren Von Huene; Corral, Pete; Herrera, Terri; Allen, Louise; Barnes, Britianey; Luehrs, Dawn; Zechowy, Linda FW: 22JS - Football Helmet Photos photo 1.JPG; photo 2.JPG; photo 3.JPG; photo 4.JPG; photo 5.JPG And here are photos that Lauren sent. Dennis Original Message From: Lauren Von Huene [mailto:lauren.vonhuene@gmail.com] Sent: Friday, November 08, :30 PM To: Hunter, Dennis Subject: Fwd: Hey Dennis, Attached are some photos of the labels in the helmets that we are using. Thanks lauren Forwarded message From: Lauren Von Huene <lauren.vonhuene@gmail.com> Date: Fri, Nov 8, 2013 at 6:18 PM Subject: To: lauren.vonhuene@gmail.com 1
22 Sent from my iphone Lauren Von Huene Production Coordinator "22 Jump Street" Jump 21 Productions, LLC 600 Edwards Ave Harahan, LA (504) Office (504) Fax (972) Cell 2
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28 Allen, Louise From: Hunter, Dennis Sent: Friday, November 08, :52 PM To: Allen, Louise; Zechowy, Linda; Herrera, Terri; Luehrs, Dawn; Barnes, Britianey; Lauren Von Huene Cc: Corral, Pete; Clements, John Subject: RE: "22JS" Hollywood Football Headquarter Rental Agreement 11/6/13 Thanks Louise, Lauren hold off forwarding to the vendor until we get the certification documentation. Dennis From: Allen, Louise Sent: Friday, November 08, :49 AM To: Hunter, Dennis; Zechowy, Linda; Herrera, Terri; Luehrs, Dawn; Barnes, Britianey Cc: Corral, Pete; Clements, John; Lauren Von Huene Subject: RE: "22JS" Hollywood Football Headquarter Rental Agreement 11/6/13 Hey Dennis! As we discussed, I definitely hear what you are saying but I don t think we can do anything as respects the Owner other than carve out our usual except if due to the negligence or willful misconduct. If the Owner, for example, negligently alters the equipment, then the Owner should be liable. This type of activity just comes with some inherent risk. See mark up attached. Production note that there is no insurance requirement in this contract so a cert should not be issued to the vendor. Louise Allen Risk Management T: (519) From: Hunter, Dennis Sent: Friday, November 08, :19 PM To: Zechowy, Linda; Herrera, Terri; Luehrs, Dawn; Barnes, Britianey; Allen, Louise Cc: Corral, Pete; Clements, John; Lauren Von Huene Subject: RE: "22JS" Hollywood Football Headquarter Rental Agreement 11/6/13 Hi Risk Mgt, Pending Lauren sending the certification from the manufacturer attached are my comments. I m kind of stumped as to what to do with the indemnification in Section 6 since the equipment can t fully prevent injuries. Your thoughts? Dennis 1
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31 Allen, Louise From: Lauren Von Huene Sent: Friday, November 08, :05 PM To: Clements, John Cc: Hunter, Dennis; Zechowy, Linda; Herrera, Terri; Luehrs, Dawn; Barnes, Britianey; Allen, Louise; Corral, Pete Subject: Re: "22JS" Hollywood Football Headquarter Rental Agreement 11/6/13 Hey John, I spoke with the supplier and he has a receipt from the manufacture stating they are certified to play football. Once I receive it I will forward onto you. Lauren On Thu, Nov 7, 2013 at 7:28 PM, Clements, John <John_Clements@spe.sony.com> wrote: Lauren: Can you please check with the supplier to ensure that these helmets are certified for actual use in football as opposed to costume pieces that are not intended to be impacted. Thanks! John N. Clements, CSP Executive Director, Production Safety Security, Environmental, Health and Safety (SEHS) Sony Pictures Entertainment (mobile) (fax) 1
32 From: Lauren Von Huene Sent: Thursday, November 07, :01 PM To: Hunter, Dennis Cc: Zechowy, Linda; Herrera, Terri; Luehrs, Dawn; Barnes, Britianey; Allen, Louise; Corral, Pete; Clements, John Subject: Re: "22JS" Hollywood Football Headquarter Rental Agreement 11/6/13 Hey Dennis, I spoke with my costume supervisor and this gear will be used for actual play of football. Lauren On Thu, Nov 7, 2013 at 11:41 AM, Hunter, Dennis <Dennis_Hunter@spe.sony.com> wrote: Are these uniforms (and I m assuming helmets) being used for actual play of football? Please reply to all. I m looping in Pete Corral and John in Safety. Dennis From: Lauren Von Huene [mailto:lauren.vonhuene@gmail.com] Sent: Wednesday, November 06, :33 PM To: Hunter, Dennis; Zechowy, Linda; Herrera, Terri; Luehrs, Dawn; Barnes, Britianey; Allen, Louise Subject: "22JS" Hollywood Football Headquarter Rental Agreement 11/6/13 2
33 Hey Dennis, Attached please find the rental agreement for Hollywood Football Headquarters which football gear for our costume department. Let me know if you have any questions. Lauren -- Lauren Von Huene Production Coordinator "22 Jump Street" Jump 21 Productions, LLC 600 Edwards Ave Harahan, LA (504) Office (504) Fax (972) Cell -- 3
34 Lauren Von Huene Production Coordinator "22 Jump Street" Jump 21 Productions, LLC 600 Edwards Ave Harahan, LA (504) Office (504) Fax (972) Cell -- Lauren Von Huene Production Coordinator "22 Jump Street" Jump 21 Productions, LLC 600 Edwards Ave Harahan, LA (504) Office (504) Fax (972) Cell 4
Allen, Louise. Britianey Barnes Sr. Analyst P F approved
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