Case: Susan J. v. Riley

Susan J. v. RIley

COMPLAINT Filing Fee $ 150 Receipt # 82778 (war) (Entered: 07/14/2000)

REQUEST FOR WAIVER of Service as to Don Siegelman, Kathy Sawyer, Ala. Dept. of Mental 7/13/00 Waiver of Service due by 8/14/00 for Ala. Dept. of Mental, for Kathy Sawyer, for Don Siegelman Answer deadline projected for 9/11/00 for Ala. Dept. of Mental, for Kathy Sawyer, for Don Siegelman (war) (Entered: 07/14/2000)

File referred to Magistrate Judge Coody (war)

Sent Notice of Assignment to U.S. Magistrate Judge to plaintiff's counsel (war)

File referred to Judge Thompson (ajr)

CASE reassigned to Judge Myron H. Thompson (ajr)

AMENDED COMPLAINT by Susan J., Ledell R., Gregory T., John H., Jennifer H., Shavon H. amending [1-1] complaint, referred to Magistrate Judge Thompson (war) (Entered: 07/21/2000)

MOTION by Susan J., Ledell R., Gregory T., John H., Jennifer H., Shavon H. for Protective Order referred to Judge Myron H. Thompson (war) (Entered: 07/21/2000)

ORDER granting [4-1] motion for Protective Order ( signed by Judge Myron H. Thompson ), copies mailed to counsel; furnished to SC. (war) (Entered: 07/24/2000)

WAIVER OF SERVICE Returned Executed as to Don Siegelman, Kathy Sawyer, Ala. Dept. of Mental (war) (Entered: 07/25/2000)

MOTION by Don Siegelman, Kathy Sawyer, Ala. Dept. of Mental to Dismiss (Exhibits A-F attached), referred to Mag. Judge Charles S. Coody (war) (Entered: 09/13/2000)

Motion(s) referred to Judge Myron H. Thompson : #7 by dft Siegelman et al to dismiss, referred originally to MJ in error. (yg)

Motion(s) referred to Judge Myron H. Thompson: [7-1] motion to Dismiss, referred originally to MJ Coody in error. (dkt clerk) Modified on 10/16/2001

ORDER [7-1] motion to Dismiss by Ala. Dept. of Mental, Kathy Sawyer, Don Siegelman set for submission on 10/10/00 setting Brief deadline to 10/10/20 ( signed by Judge Myron H. Thompson ), copies provided to counsel for fax as directed. (war) (Entered: 09/15/2000)

MOTION by Susan J., Ledell R., Gregory T., John H., Jennifer H., Shavon H. for a continuance to permit discovery (Rule 56(f) referred to Judge Myron H. Thompson (war) (Entered: 10/10/2000)

BRIEF by Don Siegelman, Kathy Sawyer, Ala. Dept. of Mental in support of [7-1] motion to Dismiss, referred to Judge Myron H. Thompson (war) (Entered: 10/11/2000)

REPLY (RESPONSE) by Susan J., Ledell R., Gregory T., John H., Jennifer H., Shavon H. to response to [7-1] motion to Dismiss by Ala. Dept. of Mental, Kathy Sawyer, Don Siegelman (Exhibits l-2 attached), referred to Judge Myron H. Thompson (war) (Entered: 10/10/2000)

ORDER denying [10-1] motion for a continuance to permit discovery (Rule 56(f) ( signed by Judge Myron H. Thompson ), copies provided to counsel; furnished to SC. (war) (Entered: 10/13/2000)

MOTION for Sandra B. Reiss to Withdraw as Counsel for Plaintiffs . Referred to Judge Myron H. Thompson (dkt clerk) (Entered: 07/11/2001)

ORDER granting [13-1] motion for Sandra B. Reiss to Withdraw as Counsel for Plaintiffs ( signed by Judge Myron H. Thompson ), copies provided to counsel. (mfm) (Entered: 07/13/2001)

REFERRAL JUDGE reassigned to Mag. Judge Vanzetta P. McPherson (dkt clerk)

MOTION by Susan J., Ledell R., Gregory T., John H., Jennifer H., Shavon H. to allow limited Discovery and other relief (Exhibits A thru C attached). Referred to Judge Myron H. Thompson (djy) (Entered: 09/20/2001)

MOTION by Don Siegelman, Ala. Dept. of Mental, Kathy Sawyer for G. R. Trawick to Withdraw as Attorney referred to Judge Myron H. Thompson (djy) (Entered: 10/09/2002)

ORDER granting [16-1] motion for G. R. Trawick to Withdraw as Attorney; ( signed by Judge Myron H. Thompson ), copies provided; furnished to SC. (ydw) (Entered: 10/11/2002)

NOTICE of Attorney Appearance for Kathy Sawyer, Ala. Dept. of Mental by Courtney Wayne Tarver, David E. Jackson (ajr) (Entered: 10/24/2002)

Motion(s) referred to Judge Mark E. Fuller : [7-1] motion to Dismiss referred to Judge Mark E. Fuller, [15-1] motion to allow limited Discovery and other relief referred to Judge Mark E. Fuller (djy)

CASE reassigned to Judge Mark E. Fuller (djy)

** NOTICE of CASE reassigned to Judge Mark E. Fuller, copies provided. (djy) (Entered: 12/10/2002)

MOTION by Susan J., Ledell R., Gregory T., John H., Jennifer H., Shavon H. to Substitute defendant referred to Judge Mark E. Fuller (ajr) (Entered: 05/14/2003)

Stamped ORDER granting [20-1] motion to Substitute defendant; terminated Don Siegelman; Added Bob Riley as Governor of the State of Alabama ( signed by Judge Mark E. Fuller ), copies provided to counsel and Bob Riley. (djy) (Entered: 05/20/2003)

ORDER that the caption of this case is changed to reflect that this action is brought against Bob Riley, in his official capacity as Governor of the State of Alabama; the parties are directed to use the new caption as it appears on this order for all future submission to the Court. Signed by Judge Mark E. Fuller on 6/15/04. (vmc, ) (Entered: 06/15/2004)

ORDER denying 7 Motion to Dismiss; it is further ordered that on or before 6/30/04 the dfts shall file their answer to the First Amended Complaint . Signed by Judge Mark E. Fuller on 6/15/05. (vmc, ) (Entered: 06/15/2004)

ORDER re 15 Motion for Discovery; Defendants' Show Cause Response due by 6/30/2004 as to why the plaintiffs' motion should not be granted ; Plaintiffs' Response due by 7/9/2004.. Signed by Judge Mark E. Fuller on 6/15/04. (vmc, ) (Entered: 06/15/2004)

NOTICE of Appearance by James A. Tucker on behalf of Susan J. (vmc, ) (Entered: 06/23/2004)

NOTICE of Appearance by Lauren Wilson-Carr on behalf of Susan J. (vmc, ) (Entered: 06/23/2004)

ANSWER to Amended Complaint, ANSWER to Complaint by Alabama Department of Mental Health and Mental Retardation, Bob Riley, Kathy Sawyer.(vmc, ) (Entered: 07/01/2004)

Defendant's RESPONSE TO ORDER TO SHOW CAUSE re 24 Order by Alabama Department of Mental Health and Mental Retardation, Bob Riley, Kathy Sawyer (w/attach.)(vmc, ) (Entered: 07/01/2004)

***Attorney Courtney Wayne Tarver for Bob Riley, David Elzy Jackson for Bob Riley added. (vmc, )

Reply to response to order to show cause filed by Jennifer H., John H., Shavon H., Susan J., Ledell R., Gregory T.. (Mattison, Deborah) (Entered: 07/08/2004)

ORDER directing the parties file the Rule 26(f) report containing the discovery plan as soon as practicable, as further set out in order; Rule 26 Meeting Report due by 7/30/2004. Signed by Judge Mark E. Fuller on 7/12/04. (djy, ) (Entered: 07/12/2004)

ORDER denying as moot 15 Motion for Discovery . Signed by Judge Mark E. Fuller on 7/13/04. (djy, ) (Entered: 07/13/2004)

REPORT of Parties' Planning Meeting. (vmc, ) (Entered: 08/02/2004)

SCHEDULING ORDER: Final Pretrial Conference set for 9/8/2005 before Hon. Chief Judge Mark E. Fuller. Non-Jury Trial set for 10/24/2005 before Hon. Chief Judge Mark E. Fuller. Amended Pleadings due by 10/27/2004. Discovery due by 8/25/2005. Motions due by 6/10/2005. Mediation Notice due by 7/6/2005. Signed by Judge Mark E. Fuller on 8/6/04. (furn: yg hc kg)(vmc, ) (Entered: 08/06/2004)

MOTION to Amend 33 Scheduling Order by Jennifer H., John H., Shavon H., Susan J., Ledell R., Gregory T.. (djy, ) (Entered: 08/20/2004)

ORDER granting 34 MOTION to Amend 33 Scheduling Order; It is further Ordered that Section 4 and Section 5 of the Uniform Scheduling Order (Doc. #33) entered on 8/6/04 shall read as follows: SECTION 4. Any motions to amend the pleadings and to add parties shall be filed on or before 6/1/05; Amended Pleadings due by 6/1/2005; SECTION 5. Any motion for class certification shall be filed on or before 6/10/05 as further set out in order. Signed by Judge Mark E. Fuller on 8/30/04. (vmc, ) (Entered: 08/30/2004)

STATUS REPORT Joint Report of the Parties' Settlement Attempts by Alabama Department of Mental Health and Mental Retardation, Jennifer H., John H., Shavon H., Susan J., Ledell R., Bob Riley, Kathy Sawyer, Gregory T.. (Tarver, Courtney) (Entered: 11/02/2004)

NOTICE of Deficiency re 36 Joint Report of the Parties' Settlement Attempts (vmc, ) (Entered: 11/03/2004)

NOTICE of Correction re 36 Joint Report (Attachments: #1 corrected PDF document to doc. entry #36)(vmc, ) (Entered: 11/04/2004)

1 attachments1

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Joint MOTION for Extension of Deadline by Shavon H., Kathy Sawyer, Alabama Department of Mental Health and Mental Retardation, Bob Riley, Susan J., Ledell R., Gregory T., John H., Jennifer H.. (Mattison, Deborah) (Entered: 05/25/2005)

ORDER Setting Hearing on Motion 39 Joint MOTION for Extension of Deadline: Motion Hearing set for 6/15/2005 09:00 AM by telephone before Hon. Chief Judge Mark E. Fuller as further set out. Signed by Judge Mark E. Fuller on 5/27/05. (furn: yg hc kg)(vmc, ) (Entered: 05/27/2005)

First MOTION to Amend/Correct First Amended Complaint by Susan J.. (Attachments: # 1)(Wilson-Carr, Lauren) (Entered: 06/01/2005)

1 proposed second amended complaint

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ORDER TO SHOW CAUSE as to why 41 Motion to Amend/Correct filed by Susan J., should not be granted. Show Cause Response due by 6/7/2005. Signed by Judge Mark E. Fuller on 6/2/05. (vmc, ) (Entered: 06/02/2005)

MOTION for Extension of Deadline for Class Certification, Dispositive Motions and Plaintiffs' Deadline to Disclose Experts due June 10, 2005, and Defendants' Requirement to Show Cause Due by June 7, 2005 by Kathy Sawyer, Alabama Department of Mental Health and Mental Retardation, Bob Riley, (Jennifer H., John H., Shavon H., Susan J. Ledell R., Gregory T.) . (Tarver, Courtney) Modified on 6/6/2005 - to add additional filers (vmc, ). (Entered: 06/03/2005)

ORDER resetting Hearing on 39 Joint MOTION for Extension of Deadline. Motion Hearing set for 6/15/05 is rescheduled for 6/15/2005 03:00 PM in chambers before Hon. Chief Judge Mark E. Fuller; It is further ordered that the Joint Motion to Suspend Certain Filing deadlines doc. 43 is granted. Signed by Judge Mark E. Fuller on 6/6/05. (furn: yg hc kg)(vmc, ) Modified on 6/6/2005 to additional text granting 43 joint motion (vmc, ). (Entered: 06/06/2005)

NOTICE of Docket Text Correction re 44 Order Setting Hearing on Motion - Modified on 6/6/2005 to additional text granting 43 joint motion (vmc, ). (No PDF attached to this docket entry)(vmc, )

NOTICE of Docket Text Correction re 43 MOTION for Extension of Deadline, etc. - Modified on 6/6/2005 - to add additional filers (vmc, ). (No PDF attached to this notice)(vmc, )

Minute Entry for proceedings held before Judge Mark E. Fuller : Status Conference held on 6/15/2005. [No PDF is attached] (kcg, )

ORDER granting 41 First MOTION for leave to file second Amended Complaint and to Join Additional Plaintiffs filed by Susan J.; Plaintiffs shall file the Second Amended Complaint on or before 6/24/05; Amended Pleadings due by 6/24/2005; Dfts shall file an Answer to the Second Amended Complaint on or before 8/1/05; The deadlines set forth in the Scheduling Order entered on 8/6/04 33 are hereby continued generally; The Clerk of the Court is directed to remove the above-styled case from the 10/24/05 Montgomery Non-jury trial term; Parties' modified Rule 26(f) Meeting Report due on or before 9/30/2005 as further set out in order; The parties shall file joint status reports on the 15th of each month, beginning with 7/15/05, as further set out; Status Report due by 7/15/2005: Setting Scheduling Conference for 10/12/2005 10:00 AM in chambers before Hon. Chief Judge Mark E. Fuller.. Signed by Judge Mark E. Fuller on 6/21/05. (furn: yg hc kg)(vmc, ) (Entered: 06/21/2005)

SECOND AMENDED COMPLAINT against all defendants, filed by Susan J..(Wilson-Carr, Lauren) (w/Appendix A attached) Modified on 6/22/2005 - to show Second Amended Complaint (w/Appendix A attached) (vmc, ). (Entered: 06/21/2005)

NOTICE of Docket Text Correction re 46 Amended Complaint - Modified on 6/22/2005 - to show Second Amended Complaint (w/Appendix A attached) (No PDF attached to this notice)(vmc, )

Joint MOTION To File Status Reports Under Seal by Shavon H., Don Siegelman, Elizabeth A., Beverly W., James E., Sarah P., Beckie P., Calvin R., Elizabeth B., Matthew P., Jerries P., Tara L., Ernest B., Kelly B., Charles D., Lindsey P., Paula A., Krystal W., Billy J., Eduardo S., Nick P., Bradley S., Anthony J., Nicholas A., Shirley R., Angie D., Shea G., Kathy Sawyer, Alabama Department of Mental Health and Mental Retardation, Bob Riley, Susan J., Ledell R., Gregory T., John H., Jennifer H.. (Mattison, Deborah) (Entered: 07/07/2005)

ORDER granting 47 Joint Motion To File Status Reports Under Seal; the parties may file each status report under seal by placing the same in a sealed envelope with the case name and number and labeled as "status reports to be filed under seal."; These reports SHALL NOT be filed electronically but SHALL be submitted to the Clerk of the Court . Signed by Judge Mark E. Fuller on 7/8/05. (vmc, ) (Entered: 07/08/2005)

SEALED DOCUMENT - Joint Status Report (Sealed per order of 7/8/05 - Doc. 48 ). (vmc, ) (Entered: 07/18/2005)

ANSWER to (Second) Amended Complaint by Bob Riley.(Jackson, David) Modified on 8/2/2005 - make text read Answer to Second Amended Complaint(vmc, ). (Entered: 08/01/2005)

NOTICE of Docket Text Correction re 50 Answer to Amended Complaint - Modified on 8/2/2005 - make text read Answer to (Second) Amended Complaint(vmc, ). (No PDF attached to this docket entry)(vmc, )

SEALED DOCUMENT - Joint Status Report - Sealed per order of 7/8/05 - doc. 48 . (vmc, ) (Entered: 08/15/2005)

SEALED DOCUMENT - Joint Status Report - (Sealed per order of 7/8/05 - Doc. 48 . (vmc, ) (Entered: 09/16/2005)

Modified REPORT of Parties' Rule 26(f) Planning Meeting. (vmc, ) (Entered: 09/28/2005)

ORDER it is hereby Ordered as follows: 1) The parties shall continue to submit a status report on the 15th day of each month; The parties may file each status report under seal by placing the same in a sealed envelope with the case name and number and labeled "status reports to be filed under seal." These reports shall not be filed electronically but shall be submitted to the Clerk of Court; 2) Setting Status Conference for 12/19/2005 10:00 AM in chambers before Hon. Chief Judge Mark E. Fuller. Signed by Judge Mark E. Fuller on 10/12/05. (furn: yg hc kg)(vma, ) (Entered: 10/12/2005)

Minute Entry for proceedings held before Judge Mark E. Fuller : Telephone Scheduling Conference held on 10/12/2005. (no pdf is attached) (kcg, )

SEALED DOCUMENT - Joint Status Report of the Parties - Sealed per order of 10/12/05 - doc. 54 . (vma, ) (Entered: 10/17/2005)

SEALED DOCUMENT - Joint Status Report of the Parties - Sealed per order of 10/12/05 - doc. 54 . (vma, ) (Entered: 11/15/2005)

NOTICE of Appearance by John J. Park, Jr on behalf of Kathy Sawyer, Alabama Department of Mental Health and Mental Retardation, Bob Riley (Park, John) (Entered: 12/15/2005)

SEALED DOCUMENT - Joint Status Report of the Parties - Sealed per order of 10/12/05 doc. - 54 . (vma, ) (Entered: 12/16/2005)

ORDER it is hereby Ordered that any dispositive motion concerning the proper standing of any Plantiff before this Court shall be filed on or before 2/17/06; Motions due by 2/17/2006. Response to Motion due by 3/20/2006. Reply Brief due by 3/28/2006; In accordance with this arrangement, it is Ordered that the parties' obligation to file monthly status reports is suspended until further notice from the Court. Signed by Judge Mark E. Fuller on 12/19/05. (vma, ) (Entered: 12/19/2005)

Minute Entry for proceedings held before Judge Mark E. Fuller : Status Conference held on 12/19/2005. [no pdf attached] (kcg, )

NOTICE of Deficiency re 58 Sealed Document (vma, ) (Entered: 12/21/2005)

Plaintiffs' Notice of Assent to Filing of Joint Status Report re 58 Sealed Document (vma, ) (Entered: 12/27/2005)

MOTION for Judgment on the Pleadings by Kathy Sawyer, Alabama Department of Mental Health and Mental Retardation, Bob Riley. (Park, John) (Entered: 02/17/2006)

BRIEF/MEMORANDUM in Support re 62 MOTION for Judgment on the Pleadings filed by Kathy Sawyer, Alabama Department of Mental Health and Mental Retardation, Bob Riley. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Park, John) (Entered: 02/17/2006)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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RESPONSE to Motion re 62 MOTION for Judgment on the Pleadings filed by Shavon H., Elizabeth A., Beverly W., James E., Sarah P., Beckie P., Calvin R., Elizabeth B., Matthew P., Jerries P., Tara L., Ernest B., Kelly B., Charles D., Lindsey P., Paula A., Krystal W., Billy J., Eduardo S., Nick P., Bradley S., Anthony J., Nicholas A., Shirley R., Angie D., Shea G., Susan J., Ledell R., Gregory T., John H., Jennifer H.. (Mattison, Deborah) (Entered: 03/20/2006)

BRIEF/MEMORANDUM in Opposition to Defendants' Motion for Judgment on the Pleadings, filed by Shavon H., Elizabeth A., Beverly W., James E., Sarah P., Beckie P., Calvin R., Elizabeth B., Matthew P., Jerries P., Tara L., Ernest B., Kelly B., Charles D., Lindsey P., Paula A., Krystal W., Billy J., Eduardo S., Nick P., Bradley S., Anthony J., Nicholas A., Shirley R., Angie D., Shea G., Susan J., Ledell R., Gregory T., John H., Jennifer H.. (Mattison, Deborah) Modified on 3/21/2006 - to create relationship to doc. 62 m/jgm pleadings (vma, ). Additional attachment(s) added on 3/21/2006 (vma, ). (Entered: 03/20/2006)

NOTICE of Correction attaching corrected PDF (w/corrected signatures) re 65 BRIEF/MEMORANDUM in Opposition,, (Attachments: # 1 corrected PDF)(vma, ) (Entered: 03/21/2006)

1 corrected PDF

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NOTICE of Docket Text Correction re 65 BRIEF/MEMORANDUM in Opposition - Modified on 3/21/2006 - to create relationship to doc. 62 m/jgm pleadings (No PDF attached to this notice)(vma, )

REPLY BRIEF Memorandum in Support of Motion for Judgment on the Pleadings filed by Kathy Sawyer, Alabama Department of Mental Health and Mental Retardation, Bob Riley. (Park, John) Modified on 3/29/2006 - to create relationship to doc. 62 m/jgm pleadings (vma, ). (Entered: 03/28/2006)

NOTICE of Docket Text Correction re 67 Reply Brief, - Modified on 3/29/2006 - to create relationship to doc. 62 m/jgm pleadings (No PDF attached to this notice)(vma, )

OPINION AND ORDER, denying 62 MOTION for Judgment on the Pleadings filed by Alabama Department of Mental Health and Mental Retardation,, Kathy Sawyer,, Bob Riley; In accordance with the Court's ruling, it is further Ordered that the parties shall file by 7/7/06 a joint status report under the same conditions as prescribed in the Court's order doc. 48 of 7/8/05; Status Report due by 7/7/2006. Signed by Judge Mark E. Fuller on 6/23/06. (Attachments: # 1 appeals checklist)(vma, )

1 appeals checklist

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MOTION for Certification by Kathy Sawyer, Alabama Department of Mental Health and Mental Retardation, Bob Riley. (Park, John) (Entered: 07/07/2006)

SEALED DOCUMENT - Joint Status Report of the Parties - Sealed per order of 6/23/06 - doc. 68 . (vma, ) (Entered: 07/10/2006)

ORDER TO SHOW CAUSE as to why 69 Motion for Certification filed by Alabama Department of Mental Health and Mental Retardation,, Kathy Sawyer,, Bob Riley, should not be granted. Show Cause Response due by 7/24/2006. Signed by Judge Mark E. Fuller on 7/10/06. (vma, ) (Entered: 07/10/2006)

RESPONSE to Motion re 69 MOTION for Certification Plaintiff's Response to Defendants' Extraordinary Motion For Certication for Interlocutory Appeal filed by Susan J.. (Tucker, James) (Entered: 07/24/2006)

NOTICE of Appearance by Misty S. Fairbanks on behalf of Kathy Sawyer, Alabama Department of Mental Health and Mental Retardation, Bob Riley (Fairbanks, Misty) (Entered: 08/08/2006)

MOTION for Lauren Wilson-Carr to Withdraw as Attorney by Susan J.. (Wilson-Carr, Lauren) Modified on 8/11/2006 - to add Atty Lauren Wilson-Carr to text(vma, ). (Entered: 08/10/2006)

ORDER granting 74 Motion for Lauren Wilson-Carr to Withdraw as Attorney for plaintiffs . Signed by Judge Mark E. Fuller on 8/11/06. (vma, ) (Entered: 08/11/2006)

*** Attorney Lauren Wilson-Carr terminated - per order of 8/11/06 - doc. 75 . (No PDF attached)(vma, )

NOTICE of Docket Text Correction re 74 MOTION to Withdraw as Attorney - Modified on 8/11/2006 - to add Atty Lauren Wilson-Carr to text. (No PDF attached to this notice)(vma, )

ORDER denying 69 MOTION for Certification . Signed by Judge Mark E. Fuller on 9/13/06. (vma, ) (Entered: 09/13/2006)

Due to the retirement of Judge Vanzetta P. McPherson this case has been reassigned to Judge Wallace Capel, Jr. as referral judge (NO PDF document attached to this notice.)(djy, )

ORDER Setting Scheduling Conference for 12/19/2006 02:00 PM in chambers before Hon. Chief Judge Mark E. Fuller. Signed by Judge Mark E. Fuller on 12/1/06. (furn: yg hc kg)(vma, ) (Entered: 12/01/2006)

Minute Entry for proceedings held before Judge Mark E. Fuller : Status Conference held on 12/19/2006. [no pdf attached]. (kcg, )