1
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COMPLAINT against Commonwealth of Virginia, filed by United States of America. (Attachments: # 1 Civil Cover Sheet)(kyou, ) (Main Document 1 replaced on 6/8/2016) (sbea, ). Clerk replaced with correct document on 11/3/2017) (sbea, ). (Entered: 01/27/2012)
1 Civil Cover Sheet
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Jan. 26, 2012
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Jan. 26, 2012
RECAP
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2
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Joint MOTION for Entry of Settlement Agreement and Brief in Support by Commonwealth of Virginia, United States of America. (Attachments: # 1 Proposed Order, # 2 Settlement Agreement)(kyou, ) (Entered: 01/27/2012)
1 Proposed Order
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2 Settlement Agreement
View on RECAP
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Jan. 26, 2012
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Jan. 26, 2012
RECAP
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3
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Motion to appear Pro Hac Vice by Aaron Zisser and Certification of Local Counsel Robert McIntosh by United States of America. (kyou, ) (Entered: 01/27/2012)
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Jan. 26, 2012
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Jan. 26, 2012
PACER
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4
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Motion to appear Pro Hac Vice by Benjamin O. Tayloe, Jr. and Certification of Local Counsel Robert McIntosh by United States of America. (kyou, ) (Entered: 01/27/2012)
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Jan. 26, 2012
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Jan. 26, 2012
PACER
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5
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Motion to appear Pro Hac Vice by Alison Barkoff and Certification of Local Counsel Robert McIntosh by United States of America. (kyou, ) (Entered: 01/27/2012)
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Jan. 26, 2012
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Jan. 26, 2012
PACER
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6
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Summons Issued as to Commonwealth of Virginia (sent to U.S. Marshal for service) (kyou, ) (Entered: 01/27/2012)
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Jan. 27, 2012
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Jan. 27, 2012
PACER
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7
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So Ordered re 3 Motion to appear Pro Hac Vice by Aaron Zisser and Certification of Local Counsel Robert McIntosh filed by United States of America. Signed by District Judge John A. Gibney, Jr on 1/27/12. (kyou, ) (Entered: 01/30/2012)
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Jan. 30, 2012
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Jan. 30, 2012
PACER
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8
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So Ordered re 4 Motion to appear Pro Hac Vice by Benjamin O. Tayloe, Jr. and Certification of Local Counsel Robert McIntosh filed by United States of America. Signed by District Judge John A. Gibney, Jr on 1/27/12. (kyou, ) (Entered: 01/30/2012)
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Jan. 30, 2012
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Jan. 30, 2012
PACER
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9
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So Ordered re 5 Motion to appear Pro Hac Vice by Alison Barkoff and Certification of Local Counsel Robert McIntosh filed by United States of America. Signed by District Judge John A. Gibney, Jr on 1/27/12. (kyou, ) (Entered: 01/30/2012)
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Jan. 30, 2012
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Jan. 30, 2012
PACER
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10
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SUMMONS Returned Executed Commonwealth of Virginia served on 1/31/2012, answer due 2/21/2012 (Original Summons not returned by U.S. Marshal service) (kyou, ) (Entered: 02/06/2012)
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Feb. 6, 2012
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Feb. 6, 2012
PACER
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Set/Reset Hearings
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Feb. 17, 2012
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Feb. 17, 2012
PACER
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Set Hearing: Status Conference set for 2/23/2012 at 10:00 AM in Richmond Courtroom 6000 before District Judge John A. Gibney Jr. (wtuc)
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Feb. 17, 2012
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Feb. 17, 2012
PACER
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11
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MOTION for Extension of Time to File Answer by Commonwealth of Virginia. (Tysinger, Allyson) (Entered: 02/21/2012)
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Feb. 21, 2012
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Feb. 21, 2012
PACER
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12
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ORDER granting 11 Motion for Extension of Time to Thursday, February 23, 2012, for the defendant to answer; a further extension may be warranted, however the Court will address that issue at the status conference scheduled for Thursday, February 23, 2012. Signed by District Judge John A. Gibney, Jr on 2/21/21. (kyou, ) (Entered: 02/22/2012)
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Feb. 22, 2012
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Feb. 22, 2012
PACER
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13
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ORDER that the defendant's filing of an answer is STAYED pending either disposition of the Joint Motion for Entry of Settlement Agreement, or upon further order of the Court. Signed by District Judge John A. Gibney, Jr on 2/23/12. (kyou, ) (Entered: 02/23/2012)
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Feb. 23, 2012
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Feb. 23, 2012
PACER
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14
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Minute Entry for proceedings held before District Judge John A. Gibney, Jr.: Status Hearing held on 2/23/2012. (Court Reporter K. Liscio, OCR.) (wtuc) (Entered: 02/23/2012)
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Feb. 23, 2012
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Feb. 23, 2012
PACER
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15
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Notice of Appearance as Counsel by Gerard Schafer as to Peggy Wood, Barbara Fallis, Tami Lassiter, Teresa Koury, Jonathon Speilberg, Marinda Lewis, Adam Bertman, Jason Kinzler, Kevin Moran, Neal Hampton, Sean Johnson, Kent Olsen, Amber Robinson. (Schafer, Gerard) Modified on 3/12/2012- was originally docketed as a motion (wtuc). (Entered: 03/02/2012)
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March 2, 2012
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March 2, 2012
PACER
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16
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Motion to appear Pro Hac Vice by Thomas B. York and Certification of Local Counsel Gerald T. Schafer Filing fee $ 75, receipt number 0422-2934953. by Adam Bertman, Barbara Fallis, Neal Hampton, Sean Johnson, Jason Kinzler, Teresa Koury, Tami Lassiter, Marinda Lewis, Kevin Moran, Kent Olsen, Amber Robinson, Jonathon Speilberg, Peggy Wood. (Schafer, Gerard) (Entered: 03/02/2012)
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March 2, 2012
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March 2, 2012
PACER
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17
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Motion to appear Pro Hac Vice by Donald B. Zaycosky and Certification of Local Counsel Gerald T. Schafer Filing fee $ 75, receipt number 0422-2934969. by Adam Bertman, Barbara Fallis, Neal Hampton, Sean Johnson, Jason Kinzler, Teresa Koury, Tami Lassiter, Marinda Lewis, Kevin Moran, Kent Olsen, Amber Robinson, Jonathon Speilberg, Peggy Wood. (Schafer, Gerard) (Entered: 03/02/2012)
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March 2, 2012
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March 2, 2012
PACER
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18
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Motion to appear Pro Hac Vice by Cordelia Elias and Certification of Local Counsel Gerald T. Schafer Filing fee $ 75, receipt number 0422-2934980. by Adam Bertman, Barbara Fallis, Neal Hampton, Sean Johnson, Jason Kinzler, Teresa Koury, Tami Lassiter, Marinda Lewis, Kevin Moran, Kent Olsen, Amber Robinson, Jonathon Speilberg, Peggy Wood. (Schafer, Gerard) (Entered: 03/02/2012)
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March 2, 2012
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March 2, 2012
PACER
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19
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MOTION to Intervene by Adam Bertman, Barbara Fallis, Neal Hampton, Sean Johnson, Jason Kinzler, Teresa Koury, Tami Lassiter, Marinda Lewis, Kevin Moran, Kent Olsen, Amber Robinson, Jonathon Speilberg, Peggy Wood. (Attachments: # 1 Exhibit A)(Schafer, Gerard) (Entered: 03/02/2012)
1 Exhibit A
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March 2, 2012
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March 2, 2012
PACER
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20
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Memorandum in Support re 19 MOTION to Intervene filed by Adam Bertman, Barbara Fallis, Neal Hampton, Sean Johnson, Jason Kinzler, Teresa Koury, Tami Lassiter, Marinda Lewis, Kevin Moran, Kent Olsen, Amber Robinson, Jonathon Speilberg, Peggy Wood. (Schafer, Gerard) (Entered: 03/02/2012)
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March 2, 2012
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March 2, 2012
PACER
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21
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TRANSCRIPT of proceedings for dates of 2/23/12, before Judge John Gibney, Court Reporter/Transcriber Krista Liscio, Telephone number 804 916-2296. NOTICE RE REDACTION OF TRANCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 4/4/2012. Redacted Transcript Deadline set for 5/7/2012. Release of Transcript Restriction set for 6/4/2012.(liscio, krista) (Entered: 03/05/2012)
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March 5, 2012
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March 5, 2012
PACER
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22
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ORDERS the following:(1) Interested people and groups shall have until April 6, 2012, to submit written comments or amicus curiae briefs to this Court regarding the proposed agreement;(2) The Joint Motion for Entry of Settlement Agreement (the "agreement") (Dk. No. 2) is PROVISIONALLY GRANTED, subject to final approval after the submission of comments andbriefs to the Court;(3) The defendant shall make available and provide public notice of this Order by: (1)maintaining it on the website of the Virginia Department of Behavioral Health andDevelopmental Services until at least April 6, 2012; (2) transmitting it to parent groupsassociated with the Defendant's Training Centers, the Arc of Virginia, the Virginia Office for Protection and Advocacy, and the Virginia Association of Community Services Boards; and (3)transmitting it to such other interested persons as the Court identifies to the defendant. The defendant shall certify that it has provided such notice; and (4) The defendant will provide to the Court a list of all ICF/MRs and private facilities equipped to deal with profoundly disabled people within thirty (30) miles of the State Capitol. (See Order for specific details). Signed by District Judge John A. Gibney, Jr on 3-6-12. (kyou, ) (Entered: 03/06/2012)
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March 6, 2012
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March 6, 2012
PACER
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23
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NOTICE by Commonwealth of Virginia Certificate of Compliance (Tysinger, Allyson) (Entered: 03/12/2012)
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March 12, 2012
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March 12, 2012
PACER
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24
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So Ordered re 16 Motion to appear Pro Hac Vice by Thomas B. York and Certification of Local Counsel Gerald T. Schafer Filing fee $ 75, receipt number 0422-2934953. filed by Sean Johnson, Tami Lassiter, Barbara Fallis, Peggy Wood, Neal Hampton, Teresa Koury, Marinda Lewis, Kevin Moran, Amber Robinson, Adam Bertman, Jonathon Speilberg, Jason Kinzler, Kent Olsen. Signed by District Judge John A. Gibney, Jr on 3/10/12. (kyou, ) (Entered: 03/12/2012)
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March 12, 2012
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March 12, 2012
PACER
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25
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So Ordered re 18 Motion to appear Pro Hac Vice by Cordelia Elias and Certification of Local Counsel Gerald T. Schafer Filing fee $ 75, receipt number 0422-2934980. filed by Sean Johnson, Tami Lassiter, Barbara Fallis, Peggy Wood, Neal Hampton, Teresa Koury, Marinda Lewis, Kevin Moran, Amber Robinson, Adam Bertman, Jonathon Speilberg, Jason Kinzler, Kent Olsen. Signed by District Judge John A. Gibney, Jr on 3/10/12. (kyou, ) (Entered: 03/12/2012)
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March 12, 2012
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March 12, 2012
PACER
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26
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So Ordered re 17 Motion to appear Pro Hac Vice by Donald B. Zaycosky and Certification of Local Counsel Gerald T. Schafer Filing fee $ 75, receipt number 0422-2934969. filed by Sean Johnson, Tami Lassiter, Barbara Fallis, Peggy Wood, Neal Hampton, Teresa Koury, Marinda Lewis, Kevin Moran, Amber Robinson, Adam Bertman, Jonathon Speilberg, Jason Kinzler, Kent Olsen. Signed by District Judge John A. Gibney, Jr on 3/13/12. (kyou, ) (Entered: 03/14/2012)
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March 14, 2012
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March 14, 2012
PACER
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27
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RESPONSE in Opposition re 19 MOTION to Intervene filed by Commonwealth of Virginia. (Tysinger, Allyson) (Entered: 03/16/2012)
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March 16, 2012
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March 16, 2012
PACER
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28
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RESPONSE in Opposition re 19 MOTION to Intervene filed by United States of America. (McIntosh, Robert) (Entered: 03/16/2012)
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March 16, 2012
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March 16, 2012
PACER
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29
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Letters to Judge (Attachments: # 1 Letters, # 2 Letters, # 3 Letters, # 4 Letters, # 5 Letters)(wtuc) Modified on 6/11/2012 to make public(wtuc). (Entered: 03/19/2012)
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March 19, 2012
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March 19, 2012
PACER
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30
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MOTION for Leave to File Excess Pages of Reply Briefs by Adam Bertman, Barbara Fallis, Neal Hampton, Sean Johnson, Jason Kinzler, Teresa Koury, Tami Lassiter, Marinda Lewis, Kevin Moran, Kent Olsen, Amber Robinson, Jonathon Speilberg, Peggy Wood. (Schafer, Gerard) (Entered: 03/19/2012)
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March 19, 2012
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March 19, 2012
PACER
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31
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REPLY to Response to Motion re 19 MOTION to Intervene filed by Adam Bertman, Barbara Fallis, Neal Hampton, Sean Johnson, Jason Kinzler, Teresa Koury, Tami Lassiter, Marinda Lewis, Kevin Moran, Kent Olsen, Amber Robinson, Jonathon Speilberg, Peggy Wood. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Schafer, Gerard) (Entered: 03/19/2012)
1 Exhibit A
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2 Exhibit B
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3 Exhibit C
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March 19, 2012
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March 19, 2012
PACER
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32
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REPLY to Response to Motion re 19 MOTION to Intervene filed by Adam Bertman, Barbara Fallis, Neal Hampton, Sean Johnson, Jason Kinzler, Teresa Koury, Tami Lassiter, Marinda Lewis, Kevin Moran, Kent Olsen, Amber Robinson, Jonathon Speilberg, Peggy Wood. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Schafer, Gerard) (Entered: 03/19/2012)
1 Exhibit A
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2 Exhibit B
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March 19, 2012
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March 19, 2012
PACER
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33
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So Ordered re 30 MOTION for Leave to File Excess Pages filed by Sean Johnson, Tami Lassiter, Barbara Fallis, Peggy Wood, Neal Hampton, Teresa Koury, Marinda Lewis, Kevin Moran, Amber Robinson, Adam Bertman, Jonathon Speilberg, Jason Kinzler, Kent Olsen. Signed by District Judge John A. Gibney, Jr on 3/20/12. (kyou, ) (Entered: 03/20/2012)
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March 20, 2012
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March 20, 2012
PACER
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34
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MOTION for Leave to File A Brief Amici Curiae In Opposition to the Motion to Intervene by ARC of Virginia. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit A)(Glasberg, Victor) (Entered: 03/20/2012)
1 Exhibit 1
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2 Exhibit 2
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3 Exhibit 3
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4 Exhibit 4
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5 Exhibit 5
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6 Exhibit 6
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7 Exhibit 7
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8 Exhibit 8
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9 Exhibit A
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March 20, 2012
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March 20, 2012
PACER
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35
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NOTICE by ARC of Virginia re 34 MOTION for Leave to File A Brief Amici Curiae In Opposition to the Motion to Intervene Exhibit 3 to Motion for Leave to File A Brief Amici Curiae (Attachments: # 1 Exhibit 3)(Glasberg, Victor) (Entered: 03/21/2012)
1 Exhibit 3
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March 21, 2012
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March 21, 2012
PACER
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36
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So Ordered 34 MOTION for Leave to File A Brief Amici Curiae In Opposition to the Motion to Intervene filed by the Arc of Virginia, Autism Society of Central Virginia, Autism Society Northern Virginia, Austism Society Tidewater Virginia, Peninsula Autism Society, Virginia Down Syndrome Alliance; Signed by District Judge John A. Gibney, Jr on 3/21/12 (lsal) (Entered: 03/21/2012)
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March 21, 2012
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March 21, 2012
PACER
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37
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Opposition to Motion to Intervene filed by ARC of Virginia, Autism Society Northern Virginia, Autism Society Tidewater Virginia, Autism Society of Central Virginia, Peninsula Autism Society, Virginia Down Syndrome Alliance. (Glasberg, Victor) (Entered: 03/22/2012)
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March 22, 2012
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March 22, 2012
PACER
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38
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Letters to Judge (Attachments: # 1 Letters, # 2 Letters, # 3 Letters)(wtuc) Modified on 6/11/2012 to make entry public(wtuc). (Entered: 03/27/2012)
1 Letter
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2 Letter
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3 Letter
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March 27, 2012
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March 27, 2012
PACER
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39
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MOTION for Leave to File Reply to Amici Brief by Adam Bertman, Barbara Fallis, Neal Hampton, Sean Johnson, Jason Kinzler, Teresa Koury, Tami Lassiter, Marinda Lewis, Kevin Moran, Kent Olsen, Amber Robinson, Jonathon Speilberg, Peggy Wood. (Attachments: # 1 Exhibit 1)(Schafer, Gerard) (Entered: 03/28/2012)
1 Exhibit 1
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March 28, 2012
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March 28, 2012
PACER
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40
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So Ordered re 39 MOTION for Leave to File Reply to Amici Brief in Opposition to Proposed Intervenors' Motion to Intervene and Motion to Exceed Page Limit filed by Sean Johnson, Tami Lassiter, Barbara Fallis, Peggy Wood, Neal Hampton, Teresa Koury, Marinda Lewis, Kevin Moran, Amber Robinson, Adam Bertman, Jonathon Speilberg, Jason Kinzler, Kent Olsen. Signed by District Judge John A. Gibney, Jr on 3/29/12. (kyou, ) (Entered: 03/29/2012)
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March 29, 2012
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March 29, 2012
PACER
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41
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Motion to appear Pro Hac Vice by Deborah Alyse Dorfman and Certification of Local Counsel Victor M. Glasberg Filing fee $ 75, receipt number 0422-2971750. by ARC of Virginia. (Glasberg, Victor) (Entered: 03/29/2012)
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March 29, 2012
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March 29, 2012
PACER
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42
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Motion to appear Pro Hac Vice by Robert Dixon Fleischner and Certification of Local Counsel Victor M. Glasberg Filing fee $ 75, receipt number 0422-2971780. by ARC of Virginia. (Glasberg, Victor) (Entered: 03/29/2012)
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March 29, 2012
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March 29, 2012
PACER
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43
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Motion to appear Pro Hac Vice by Steven Jay Schwartz and Certification of Local Counsel Victor M. Glasberg Filing fee $ 75, receipt number 0422-2971793. by ARC of Virginia. (Glasberg, Victor) (Entered: 03/29/2012)
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March 29, 2012
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March 29, 2012
PACER
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44
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REPLY to Response to Motion re 19 MOTION to Intervene filed by Adam Bertman, Barbara Fallis, Neal Hampton, Sean Johnson, Jason Kinzler, Teresa Koury, Tami Lassiter, Marinda Lewis, Kevin Moran, Kent Olsen, Amber Robinson, Jonathon Speilberg, Peggy Wood. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Schafer, Gerard) (Entered: 03/29/2012)
1 Exhibit A
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2 Exhibit B
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3 Exhibit C
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March 29, 2012
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March 29, 2012
PACER
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45
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Letters to Judge (Attachments: # 1 Letters, # 2 Letters)(wtuc) Modified on 6/11/2012 to make entry public (wtuc). (Entered: 04/02/2012)
1 Letter
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2 Letter
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April 2, 2012
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April 2, 2012
PACER
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46
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So Ordered re 43 Motion to appear Pro Hac Vice by Steven Jay Schwartz and Certification of Local Counsel Victor M. Glasberg Filing fee $ 75, receipt number 0422-2971793. filed by ARC of Virginia. Signed by District Judge John A. Gibney, Jr on 3/30/12. (kyou, ) (Entered: 04/02/2012)
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April 2, 2012
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April 2, 2012
PACER
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47
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So Ordered re 42 Motion to appear Pro Hac Vice by Robert Dixon Fleischner and Certification of Local Counsel Victor M. Glasberg Filing fee $ 75, receipt number 0422-2971780. filed by ARC of Virginia. Signed by District Judge John A. Gibney, Jr on 3/30/12. (kyou, ) (Entered: 04/02/2012)
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April 2, 2012
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April 2, 2012
PACER
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48
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So Ordered re 41 Motion to appear Pro Hac Vice by Deborah Alyse Dorfman and Certification of Local Counsel Victor M. Glasberg Filing fee $ 75, receipt number 0422-2971750. filed by ARC of Virginia. Signed by District Judge John A. Gibney, Jr on 3/30/12. (kyou, ) (Entered: 04/02/2012)
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April 2, 2012
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April 2, 2012
PACER
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49
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Motion to appear Pro Hac Vice by Vincent P. Herman and Certification of Local Counsel Robert P. McIntosh by United States of America. (McIntosh, Robert) (Entered: 04/03/2012)
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April 3, 2012
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April 3, 2012
PACER
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50
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Memorandum in Support re 2 MOTION for Settlement filed by Virginia Office for Protection and Advocacy. (Martinis, Jonathan) (Entered: 04/03/2012)
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April 3, 2012
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April 3, 2012
PACER
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51
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So Ordered re 49 Motion to appear Pro Hac Vice by Vincent P. Herman and Certification of Local Counsel Robert P. McIntosh filed by United States of America. Signed by District Judge John A. Gibney, Jr on 4/3/12. (kyou, ) (Entered: 04/03/2012)
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April 3, 2012
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April 3, 2012
PACER
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52
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Brief in Support Brief Amici Curiae on Behalf of the National Association of State Directors of Developmental Disability Services, The American Association of Intellectual and Developmental Disabilities, The Association of University Centers on Disabilities, TASH and Robert M. Gettings In Support of the Settlement Agreement filed by ARC of Virginia. (Attachments: # 1 Exhibit Exhibit 1)(Glasberg, Victor) (Entered: 04/05/2012)
1 Exhibit Exhibit 1
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April 5, 2012
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April 5, 2012
PACER
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53
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Letters to Judge (Attachments: # 1 Letters, # 2 Letters, # 3 Letters)(wtuc) Modified on 6/11/2012 to make entry public (wtuc). (Entered: 04/05/2012)
1 Letter
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2 Letter
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3 Letter
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April 5, 2012
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April 5, 2012
PACER
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54
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Letters to Judge (Attachments: # 1 Letters, # 2 Letters)(wtuc) Modified on 6/11/2012 to make entry public(wtuc). (Entered: 04/06/2012)
1 Letter
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2 Letter
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April 6, 2012
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April 6, 2012
PACER
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55
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Memorandum to 22 Order on Motion for Settlement,,,,, filed by Adam Bertman, Barbara Fallis, Neal Hampton, Sean Johnson, Jason Kinzler, Teresa Koury, Tami Lassiter, Marinda Lewis, Kevin Moran, Kent Olsen, Amber Robinson, Jonathon Speilberg, Peggy Wood. (Attachments: # 1 Exhibit B, # 2 Exhibit C, # 3 Exhibit D, # 4 Exhibit E, # 5 Exhibit F, # 6 Exhibit G, # 7 Exhibit G-1, # 8 Exhibit G-2)(Schafer, Gerard) (Entered: 04/06/2012)
1 Exhibit B
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2 Exhibit C
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3 Exhibit D
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4 Exhibit E
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5 Exhibit F
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6 Exhibit G
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7 Exhibit G-1
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8 Exhibit G-2
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April 6, 2012
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April 6, 2012
PACER
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56
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MOTION to Seal by Adam Bertman, Barbara Fallis, Neal Hampton, Sean Johnson, Jason Kinzler, Teresa Koury, Tami Lassiter, Marinda Lewis, Kevin Moran, Kent Olsen, Amber Robinson, Jonathon Speilberg, Peggy Wood. (Schafer, Gerard) (Entered: 04/06/2012)
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April 6, 2012
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April 6, 2012
PACER
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57
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ORDER granting 56 Motion to Seal Exhibit A of 55 Memorandum. Signed by District Judge John A. Gibney, Jr on 4/9/12. (kyou, ) (Entered: 04/09/2012)
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April 9, 2012
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April 9, 2012
PACER
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58
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NOTICE by Adam Bertman, Barbara Fallis, Neal Hampton, Sean Johnson, Jason Kinzler, Teresa Koury, Tami Lassiter, Marinda Lewis, Kevin Moran, Kent Olsen, Amber Robinson, Jonathon Speilberg, Peggy Wood re 55 Memorandum, (Attachments: # 1 Exhibit G-2)(Schafer, Gerard) (Entered: 04/09/2012)
1 Exhibit G-2
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April 9, 2012
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April 9, 2012
PACER
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59
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Sealed Exhibit A re 55 Memorandum filed by filed by Adam Bertman, Barbara Fallis, Neal Hampton, Sean Johnson, Jason Kinzler, Teresa Koury, Tami Lassiter, Marinda Lewis, Kevin Moran, Kent Olsen, Amber Robinson, Jonathon Speilberg, Peggy Wood. (kyou, ) (Entered: 04/09/2012)
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April 9, 2012
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April 9, 2012
PACER
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60
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Letters to the Judge (Attachments: # 1 Letters, # 2 Letters, # 3 Letters)(wtuc) Modified on 6/11/2012 to make entry public(wtuc). (Entered: 04/11/2012)
1 Letter
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2 Letter
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3 Letter
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April 11, 2012
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April 11, 2012
PACER
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61
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Letters to Judge (Attachments: # 1 Letters, # 2 Letters)(wtuc) Modified on 6/11/2012 to make entry public (wtuc). (Entered: 04/13/2012)
1 Letter
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2 Letter
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April 13, 2012
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April 13, 2012
PACER
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62
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Letters to Judge (wtuc) Modified on 6/11/2012 to make entry public (wtuc). (Entered: 04/16/2012)
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April 16, 2012
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April 16, 2012
PACER
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63
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Letters to Judge. (wtuc) Modified on 6/11/2012 to make entry public(wtuc). (Entered: 04/27/2012)
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April 27, 2012
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April 27, 2012
PACER
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64
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Letter to Judge (wtuc) Modified on 6/11/2012 to make entry public (wtuc). (Entered: 05/01/2012)
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May 1, 2012
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May 1, 2012
PACER
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65
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ORDER granting 19 Motion to Intervene; Petitioners' Motion to Dismiss (Dk. No. 19-1) filed as Exhibit A to the Motion to Intervene is DEEMED filed; Plaintiff and Defendant are DIRECTED to respond to the Petitioners' Motion to Dismiss within ten (10) days from the entry of this Memorandum Order; A reply brief to each response from the plaintiff or defendant may be filed by thePetitioners, due no later than six (6) days from the filing of the respective response;As the Court will decide the Petitioners' Motion to Dismiss on the papers, a hearing is unnecessary; and All parties are DIRECTED to contact the chambers within five (5) days of the entry of this Memorandum Order to set a hearing date for evaluation of the Agreement. Signed by District Judge John A. Gibney, Jr on 5-9-12. (kyou, ) (Entered: 05/09/2012)
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May 9, 2012
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May 9, 2012
PACER
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66
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MOTION to Dismiss by Adam Bertman, Barbara Fallis, Neal Hampton, Sean Johnson, Jason Kinzler, Teresa Koury, Tami Lassiter, Marinda Lewis, Kevin Moran, Kent Olsen, Amber Robinson, Jonathon Speilberg, Peggy Wood. (kyou, ) (Entered: 05/09/2012)
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May 9, 2012
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May 9, 2012
PACER
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67
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Memorandum in Support re 66 MOTION to Dismiss filed by Adam Bertman, Barbara Fallis, Neal Hampton, Sean Johnson, Jason Kinzler, Teresa Koury, Tami Lassiter, Marinda Lewis, Kevin Moran, Kent Olsen, Amber Robinson, Jonathon Speilberg, Peggy Wood. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(kyou, ) (Entered: 05/09/2012)
1 Exhibit A
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2 Exhibit B
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May 9, 2012
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May 9, 2012
PACER
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In Chambers Conference
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May 15, 2012
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May 15, 2012
PACER
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Minute Entry for proceedings held before District Judge John A. Gibney, Jr:Conference Call held on 5/15/2012. (Court Reporter G. Halasz, OCR.)(wtuc)
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May 15, 2012
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May 15, 2012
PACER
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Set/Reset Hearings
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May 16, 2012
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May 16, 2012
PACER
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Set Hearing: Fairness Hearing set for 6/8/2012 at 09:00 AM in Richmond Courtroom 6000 before District Judge John A. Gibney, Jr. (wtuc)
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May 16, 2012
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May 16, 2012
PACER
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68
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ORDER that the Court hereby ORDERS the following:(1) All discovery is stayed until the Court's decision on the consent decree in this case is finalized; (2) The fairness hearing on the Joint Motion for Entry of Settlement Agreement shall be held on June 8, 2012, at 9:00 a.m.,(3) For the hearing on June 8, 2012, each party shall be allotted a total of ninety (90) minutes of time to present evidentiary matters including direct and cross-examination; After the presentation of evidentiary matters, the Court will hear oral argument from the parties;(4) The parties may file declarations or affidavits on behalf of any individual, whether or not that person appears as a witness at the fairness hearing. Such declarations or affidavits shallbe due no later than fourteen (14) days prior to the Court's fairness hearing; (5) The parties shall submit witness lists and summaries of witness testimony no later than fourteen (14) days prior to the fairness hearing (See Order for further details) Signed by District Judge John A. Gibney, Jr on 5/16/12. (kyou, ) (Entered: 05/16/2012)
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May 16, 2012
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May 16, 2012
PACER
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69
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MOTION For Leave to Participate At Hearing by ARC of Virginia. (Glasberg, Victor) (Entered: 05/16/2012)
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May 16, 2012
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May 16, 2012
PACER
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70
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Memorandum in Support re 69 MOTION For Leave to Participate At Hearing filed by ARC of Virginia. (Glasberg, Victor) (Entered: 05/16/2012)
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May 16, 2012
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May 16, 2012
PACER
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71
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ORDER denying 69 Motion for Leave to Participate at Hearing on Whether to Approve Settlement. Signed by District Judge John A. Gibney, Jr on 5/16/12. (kyou, ) (Entered: 05/16/2012)
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May 16, 2012
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May 16, 2012
PACER
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72
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TRANSCRIPT of proceedings for dates of 05/15/2012, before Judge Hon. John A. Gibney, Jr., Court Reporter Gil Halasz, Telephone number 804 916-2248. NOTICE RE REDACTION OF TRANCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 6/18/2012. Redacted Transcript Deadline set for 7/17/2012. Release of Transcript Restriction set for 8/15/2012.(halasz, gil) (Entered: 05/17/2012)
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May 17, 2012
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May 17, 2012
PACER
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73
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MOTION for Leave to Appear and Participate in Hearing by Virginia Office for Protection and Advocacy. (Martinis, Jonathan) (Entered: 05/18/2012)
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May 18, 2012
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May 18, 2012
PACER
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74
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Memorandum in Support re 73 MOTION for Leave to Appear and Participate in Hearing filed by Virginia Office for Protection and Advocacy. (Martinis, Jonathan) (Entered: 05/18/2012)
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May 18, 2012
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May 18, 2012
PACER
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75
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RESPONSE to Motion re 66 MOTION to Dismiss filed by Commonwealth of Virginia. (Tysinger, Allyson) (Entered: 05/21/2012)
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May 21, 2012
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May 21, 2012
PACER
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76
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RESPONSE in Opposition re 66 MOTION to Dismiss by Intervenors filed by United States of America. (McIntosh, Robert) (Entered: 05/21/2012)
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May 21, 2012
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May 21, 2012
PACER
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77
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ORDER denying 73 Motion for Leave to Present Argument on June 8, 2012 Hearing on Proposed Settlement Agreement. Signed by District Judge John A. Gibney, Jr on 5/21/12. (jtho, ) (Entered: 05/21/2012)
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May 21, 2012
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May 21, 2012
PACER
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78
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ORDER that the Court, sua sponte, APPOINTS Mary Ann Bergeron as an expert in the above matter; Ms. Bergeron shall prepare a report for the Court prior to the fairness hearing on Friday, June 8, 2012. She will also testify at the hearing. Signed by District Judge John A. Gibney, Jr on 5/21/12. (jtho) (Entered: 05/21/2012)
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May 21, 2012
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May 21, 2012
PACER
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79
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Witness List by United States of America. (McIntosh, Robert) (Entered: 05/25/2012)
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May 25, 2012
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May 25, 2012
PACER
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80
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Witness List by Commonwealth of Virginia. (Tysinger, Allyson) (Entered: 05/25/2012)
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May 25, 2012
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May 25, 2012
PACER
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81
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AFFIDAVIT in Support re 2 MOTION for Settlement [PREHEARING SUBMISSION OF DECLARATIONS] filed by United States of America. (Attachments: # 1 Affidavit Boose, # 2 Affidavit Brandt, # 3 Affidavit Childress, # 4 Affidavit Clark, # 5 Affidavit Cramer, # 6 Affidavit Evans, # 7 Affidavit FLetcher, # 8 Affidavit Jones, # 9 Affidavit Laios, # 10 Affidavit Nagy, # 11 Affidavit Nannini, # 12 Affidavit Poe, # 13 Affidavit Seagle, # 14 Affidavit Sparrow, # 15 Affidavit Thaler, # 16 Affidavit Wright, # 17 Affidavit Young-Chavez, # 18 Affidavit Yost)(McIntosh, Robert) (Entered: 05/25/2012)
1 Affidavit Boose
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2 Affidavit Brandt
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3 Affidavit Childress
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4 Affidavit Clark
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5 Affidavit Cramer
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6 Affidavit Evans
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7 Affidavit FLetcher
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8 Affidavit Jones
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9 Affidavit Laios
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10 Affidavit Nagy
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11 Affidavit Nannini
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12 Affidavit Poe
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13 Affidavit Seagle
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14 Affidavit Sparrow
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15 Affidavit Thaler
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16 Affidavit Wright
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17 Affidavit Young-Chavez
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18 Affidavit Yost
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May 25, 2012
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May 25, 2012
PACER
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82
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Witness List by Adam Bertman, Barbara Fallis, Neal Hampton, Sean Johnson, Jason Kinzler, Teresa Koury, Tami Lassiter, Marinda Lewis, Kevin Moran, Kent Olsen, Amber Robinson, Jonathon Speilberg, Peggy Wood. (Schafer, Gerard) (Entered: 05/25/2012)
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May 25, 2012
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May 25, 2012
PACER
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83
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AFFIDAVIT re 68 Order,,,, by Adam Bertman, Barbara Fallis, Neal Hampton, Sean Johnson, Jason Kinzler, Teresa Koury, Tami Lassiter, Marinda Lewis, Kevin Moran, Kent Olsen, Amber Robinson, Jonathon Speilberg, Peggy Wood. (Attachments: # 1 Exhibit Affidavit of V. Choudhary, # 2 Exhibit Affidavit of K. Walsh, # 3 Exhibit Affidavit of T. Kastner, # 4 Exhibit Affidavit of C. Fallis, # 5 Exhibit Declaration of H. Spielberg, # 6 Exhibit Declaration of E. Seidman, # 7 Exhibit Declaration of R. Black, # 8 Exhibit Declaration of J. Powell, # 9 Exhibit Affidavit of W. Wood, # 10 Exhibit Declaration of M. Houser, # 11 Exhibit Declaration of D. Micheletti, # 12 Exhibit Affidavit of C. Lewis, # 13 Exhibit Declaration of R. Anthony, # 14 Exhibit Declaration of R. Evett, # 15 Exhibit Declaration of M. Bryant, # 16 Exhibit Declaration of J. Scott, # 17 Exhibit Affidavit of L. Koury, # 18 Exhibit Affidavit of M. Marek)(Schafer, Gerard) (Entered: 05/25/2012)
1 Exhibit Affidavit of V. Choudhary
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2 Exhibit Affidavit of K. Walsh
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3 Exhibit Affidavit of T. Kastner
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4 Exhibit Affidavit of C. Fallis
View on PACER
5 Exhibit Declaration of H. Spielberg
View on PACER
6 Exhibit Declaration of E. Seidman
View on PACER
7 Exhibit Declaration of R. Black
View on PACER
8 Exhibit Declaration of J. Powell
View on PACER
9 Exhibit Affidavit of W. Wood
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10 Exhibit Declaration of M. Houser
View on PACER
11 Exhibit Declaration of D. Micheletti
View on PACER
12 Exhibit Affidavit of C. Lewis
View on PACER
13 Exhibit Declaration of R. Anthony
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14 Exhibit Declaration of R. Evett
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15 Exhibit Declaration of M. Bryant
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16 Exhibit Declaration of J. Scott
View on PACER
17 Exhibit Affidavit of L. Koury
View on PACER
18 Exhibit Affidavit of M. Marek
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May 25, 2012
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May 25, 2012
PACER
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84
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REPLY to Response to Motion re 66 MOTION to Dismiss filed by Adam Bertman, Barbara Fallis, Neal Hampton, Sean Johnson, Jason Kinzler, Teresa Koury, Tami Lassiter, Marinda Lewis, Kevin Moran, Kent Olsen, Amber Robinson, Jonathon Speilberg, Peggy Wood. (Schafer, Gerard) (Entered: 05/29/2012)
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May 29, 2012
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May 29, 2012
PACER
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85
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REPLY to Response to Motion re 66 MOTION to Dismiss filed by Adam Bertman, Barbara Fallis, Neal Hampton, Sean Johnson, Jason Kinzler, Teresa Koury, Tami Lassiter, Marinda Lewis, Kevin Moran, Kent Olsen, Amber Robinson, Jonathon Speilberg, Peggy Wood. (Schafer, Gerard) (Entered: 05/29/2012)
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May 29, 2012
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May 29, 2012
PACER
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86
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NOTICE the Court hereby notifies the parties that Mary Ann Bergeron has been appointed solely for the purpose of providing information with respect tothe proposed settlement of this case (see Order for details); The appointment of Ms. Bergeron does not indicate in any way whether the Court will approve the settlement. Rather, the Court will only ask her for information regarding theimplementation of the Settlement Agreement, if approved. Signed by District Judge John A. Gibney, Jr on 5/31/12. (kyou, ) (Entered: 05/31/2012)
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May 31, 2012
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May 31, 2012
PACER
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87
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ORDER that United States and Intervenor-defendants to file amended witness lists which identify a maximum of 3 potential witneses for the June 8, 2012 hearing; amended witness lists shall be filed no later than June 5, 2012; Clerk SEND copy of this Order to all counsel of record; Signed by District Judge John A. Gibney, Jr on 5/31/12 (lsal) (Entered: 06/01/2012)
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June 1, 2012
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June 1, 2012
PACER
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88
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NOTICE of Court's Concerns Regarding Implementation of Settlement Agreement. Signed by United States District Judge John A. Gibney 6/1/12; Clerk send copy of this Notice to all counsel of record; (Copies distribued by ECF) (lsal) (Entered: 06/01/2012)
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June 1, 2012
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June 1, 2012
PACER
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89
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NOTICE to parties of the filing of the court-appointed expert's report in preparation for the June 8, 2012 hearing; Ms. Bergeron's report is attached as Exhibit A to this Notice; Clerk send copy of this Notice to all counsel of record; Signed by District Judge John A. Gibney, Jr on 6/1/12 (Attachments: # 1 Exhibit A)(lsal) (Entered: 06/01/2012)
1 Exhibit A
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June 1, 2012
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June 1, 2012
PACER
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90
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MEMORANDUM ORDER denying 66 Motion to Dismiss. Signed by District Judge John A. Gibney, Jr on 6/4/12. (kyou, ) (Entered: 06/05/2012)
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June 5, 2012
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June 5, 2012
PACER
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91
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Letter to Judge. (wtuc) Modified on 6/11/2012 to make entry public (wtuc). (Entered: 06/05/2012)
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June 5, 2012
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June 5, 2012
PACER
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92
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AMENDED Witness List by United States of America. (McIntosh, Robert) (Entered: 06/05/2012)
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June 5, 2012
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June 5, 2012
PACER
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93
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Revised Witness List by Adam Bertman, Barbara Fallis, Neal Hampton, Sean Johnson, Jason Kinzler, Teresa Koury, Tami Lassiter, Marinda Lewis, Kevin Moran, Kent Olsen, Amber Robinson, Jonathon Speilberg, Peggy Wood. (Schafer, Gerard) (Entered: 06/05/2012)
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June 5, 2012
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June 5, 2012
PACER
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94
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MOTION for Reconsideration re 87 Order, and Clarification by Adam Bertman, Barbara Fallis, Neal Hampton, Sean Johnson, Jason Kinzler, Teresa Koury, Tami Lassiter, Marinda Lewis, Kevin Moran, Kent Olsen, Amber Robinson, Jonathon Speilberg, Peggy Wood. (Schafer, Gerard) (Entered: 06/05/2012)
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June 5, 2012
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June 5, 2012
PACER
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