Battista v. Dennehy

Battista v. Dennehy

Battista v. Dennehy

2006 WL 1581528

Battista v. Dennehy

Battista v. Dennehy

Battista v. Dennehy

2009 WL 10675279

2010 WL 11527104

U. S. Court of Appeals for the First Circuit

U. S. Court of Appeals for the First Circuit

645 F.3d 449

Application to Proceed Without Prepayment of Fees and Affidavit by Sandy J. Battista.(Jenness, Susan)

MOTION for Leave to Proceed in forma pauperis by Sandy J. Battista.(Jenness, Susan)

Verified COMPLAINT against Kathleen M. Dennehy, Robert Murphy, Steve Fairly, Susan J Martin, Gregory J. Hughes, UMass Correctional Health Program Filing fee: $ 0.00, receipt number 0.00, filed by Sandy J. Battista. (Attachments: # (1) Civil Cover Sheet)(Jenness, Susan)

2 Civil Cover Sheet

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EXHIBIT re [3] Complaint, by Sandy J. Battista. (Jenness, Susan)

MEMORANDUM OF LAW in support of Application for Temporary Restraining Order and/or in the alternative for Preliminary Injunction by Sandy J. Battista. (Jenness, Susan)

Proposed Document(s) submitted by Sandy J. Battista. Document received: Proposed Order to Show Cause. (Jenness, Susan)

MOTION for Temporary Restraining Order, or in the alternative, MOTION for Preliminary Injunction, by Sandy J. Battista.(Rynne, Michelle) Additional attachment(s) added on 7/12/2005 (Nici, Richard).

Judge Douglas P. Woodlock : SHORT ORDER OF NOTICE entered re [7] MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Sandy J. Battista,, [3] Complaint, filed by Sandy J. Battista,, [5] Memorandum of Law. Defendant shall file a response by 7/22/05.(Rynne, Michelle)

Judge Douglas P. Woodlock : ORDER entered granting [1] Motion for Leave to Proceed in forma pauperis, granting [2] Motion for Leave to Proceed in forma pauperis: The Clerk shall issue summonses and the United States Marshal shall serve a copy of the summonses, complaint, and this order upon defendants Kathleen Dennehy, Commissioner, Superintendent Robert Murphy, Steve Fairly, Director of Security, Susan J. Martin, Director of Health Services, Gregory J. Hughes, LICSW, and U. Mass. Correctional Health Program, as directed by plaintiff with all costs of service to be advanced by the United States. (Greenberg, Rebecca)

Opposition re [7] MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Kathleen M. Dennehy, Robert Murphy, Steve Fairly, Susan J Martin, Gregory J. Hughes. (McFarland, Richard)

MEMORANDUM in Opposition re [7] MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Kathleen M. Dennehy, Robert Murphy, Steve Fairly, Susan J Martin, Gregory J. Hughes. (Attachments: # (1))(McFarland, Richard)

MOTION for Leave to File Memorandum of Law in Excess of Twenty Pages by Kathleen M. Dennehy, Robert Murphy, Steve Fairly, Susan J Martin, Gregory J. Hughes.(McFarland, Richard)

CERTIFICATE OF SERVICE by Kathleen M. Dennehy, Robert Murphy, Steve Fairly, Susan J Martin, Gregory J. Hughes re [12] MOTION for Leave to File Memorandum of Law in Excess of Twenty Pages, [10] Opposition to Motion, [11] Memorandum in Opposition to Motion. (McFarland, Richard)

Response by UMass Correctional Health Program To Plaintiff's Application For A Temporary Restraining Order. (O'Shea, Stephen) Additional attachment(s) added on 8/2/2005 (Nici, Richard).

Plaintiff's MOTION for Leave to File a reply to opposition of defendant's Kathleen Dennehy, Robert Murphy, Susan Martin, Steven Fairly and Gregory Hughes to Plaintiff's request for a preliminary injunction by Sandy J. Battista.(Nici, Richard)

NOTICE of Plaintiff not to oppose relief requested in response of defendant, UMass Correctional Health Program, to plaintiff's application for a temporary restraining order, and/or in the alternative, for a preliminary injunction by Sandy J. Battista (Nici, Richard).

SUMMONS Returned Executed Steve Fairly served on 8/3/2005, answer due 8/23/2005. (Nici, Richard)

SUMMONS Returned Executed Robert Murphy served on 8/3/2005, answer due 8/23/2005. (Nici, Richard)

MOTION to Dismiss by UMass Correctional Health Program.(O'Shea, Stephen)

MEMORANDUM in Support re [19] MOTION to Dismiss filed by UMass Correctional Health Program. (O'Shea, Stephen)

MOTION for Consolidation of Evidentiary Hearings by Sandy J. Battista.(Nici, Richard)

MOTION for Evidentiary Hearing by Sandy J. Battista.(Nici, Richard)

REPLY to Response to Motion re [7] MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Sandy J. Battista. (Attachments: # (1) Part 2# (2) Part 3)(Nici, Richard)

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3 Part 3

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MOTION for Court to call witnesses as it's own by Sandy J. Battista.(Nici, Richard)

SUMMONS Returned Executed Gregory J. Hughes served on 8/9/2005, answer due 8/29/2005. (Nici, Richard)

SUMMONS Returned Executed Susan J Martin served on 8/9/2005, answer due 8/29/2005. (Nici, Richard)

SUMMONS Returned Executed Kathleen M. Dennehy served on 8/8/2005, answer due 8/29/2005. (Nici, Richard)

SUMMONS Returned Executed UMass Correctional Health Program served on 8/5/2005, answer due 8/25/2005. (Nici, Richard)

MEMORANDUM in Opposition re [19] MOTION to Dismiss filed by Sandy J. Battista. (Nici, Richard)

MEMORANDUM in Support re [19] MOTION to Dismiss filed by Sandy J. Battista. (Nici, Richard)

MOTION for Leave to Supplement plaintiff's pending application for a preliminary injunction by Sandy J. Battista.(Nici, Richard)

AFFIDAVIT of Sandy J. Baptista re [31] MOTION for Leave to File by Sandy J. Battista. (Nici, Richard)

RESPONSE to Motion re [31] MOTION for Leave to File filed by Kathleen M. Dennehy, Robert Murphy, Steve Fairly, Susan J Martin, Gregory J. Hughes. (Attachments: # (1) Affidavit)(McFarland, Richard)

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MOTION to exclude report of Cynthis S. Osbourne and or Motion to strike by Sandy J. Battista.(Nici, Richard)

MEMORANDUM in Support re [34] MOTION to exclude report of Cynthis S. Osbourne and or Motion to strike filed by Sandy J. Battista. (Attachments: # (1) Part 2)(Nici, Richard)

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MOTION for Sanctions Against Plaintiff For Improper Communications With Defendants' Expert Witness by Kathleen M. Dennehy, Robert Murphy, Steve Fairly, Susan J Martin, Gregory J. Hughes. (Attachments: # (1) Exhibit)(McFarland, Richard)

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Cross MOTION for Sanctions by Sandy J. Battista.(Nici, Richard)

Letter/request (non-motion) from Sandy Battista. Mailed a copy of the docket to Ms. Battista. (Nici, Richard)

MOTION to Appoint Counsel by Sandy J. Battista. (Attachments: # (1) Affidavit)(Nici, Richard)

2 Affidavit

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MEMORANDUM in Support re [39] MOTION to Appoint Counsel filed by Sandy J. Battista. (Nici, Richard)

Opposition re [39] MOTION to Appoint Counsel filed by UMass Correctional Health Program. (Brighton, Anthony)

Judge Douglas P. Woodlock : MEMORANDUM AND ORDER entered granting [39] Motion to Appoint Counsel, denying [7] Motion for Preliminary Injunction, denying [7] Motion for TRO, granting [19] Motion to Dismiss and directing consolidation of this case with Civil Action No. 05-12823 for purposes of appointing the same counsel to conduct the litigation. (Woodlock, Douglas) Additional attachment(s) added on 3/23/2006 (Rynne, Michelle).

Judge Douglas P. Woodlock : ORDER entered. Order Appointing Pro Bono Counsel: It is ORDERED that Julie A. Hardy, Esq. is appointed to represent the plaintiff under the provisions of the United States District Court Plan for the Appointment of Counsel For Indigent Parties in Civil Cases, unless this appointment is declined by written notice (copy to pro bono coordinator) within twenty-one (21) days from the date of this Order. Once this order takes effect, appointed counsel or his or her designated associate(s) shall: (1) promptly file a Notice of Appearance in this action; and (2) serve until the litigation is terminated or the Court enters an order revoking said appointment. Contact: Julie A. Baker, Esq. 120 Tremont Street, Suite 370J, Boston, MA 02108(617)573-8136, BBO #557047. (PSSA, 1)

MOTION for Entry of Judgment under Rule 54(b) by UMass Correctional Health Program.(Brighton, Anthony)

MEMORANDUM in Support re [44] MOTION for Entry of Judgment under Rule 54(b) filed by UMass Correctional Health Program. (Attachments: # (1) # (2))(Brighton, Anthony)

NOTICE of intent not to oppose motion of defendant by Sandy J. Battista (Nici, Richard) Additional attachment(s) added on 5/9/2006 (Nici, Richard).

NOTICE of Hearing : Scheduling Conference set for 10/12/2006 03:00 PM in Courtroom 1 before Judge Douglas P. Woodlock. All pending matters will be addressed at this conference.(Rynne, Michelle)

MOTION for Reconsideration by Sandy J. Battista. (Attachments: # (1) Affidavit)(Nici, Richard)

2 Affidavit

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Opposition re [48] MOTION for Reconsideration filed by Kathleen M. Dennehy, Robert Murphy, Steve Fairly, Susan J Martin, Gregory J. Hughes. (Attachments: # (1) Affidavit)(McFarland, Richard)

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MOTION for Discovery - Order Compelling Plaintiff to Submit to a Mental Examination by Kathleen M. Dennehy, Robert Murphy, Steve Fairly, Susan J Martin, Gregory J. Hughes.(McFarland, Richard)

MEMORANDUM in Support re [50] MOTION for Discovery - Order Compelling Plaintiff to Submit to a Mental Examination filed by Kathleen M. Dennehy, Robert Murphy, Steve Fairly, Susan J Martin, Gregory J. Hughes. (Attachments: # (1) Exhibit)(McFarland, Richard)

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MOTION for Leave to File by Sandy J. Battista. (Attachments: # (1) # (2) Exhibit)(Nici, Richard)

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MEMORANDUM in Opposition re [50] MOTION for Discovery - Order Compelling Plaintiff to Submit to a Mental Examination filed by Sandy J. Battista. (Nici, Richard)

MEMORANDUM OF LAW by Sandy J. Battista to [53] Memorandum in Opposition to Motion. Exhibits filed and not scanned.(Nici, Richard)

Letter/request (non-motion) from S. Baptista. (Nici, Richard)

Judge Douglas P. Woodlock : ORDER entered. [Summary of Text: On January 9, 2007, Plaintiff sent a letter to the Pro Se Staff Attorneys Office requesting a list of ten (10) of the major law firms and their addresses, so that she may write to them personally with a procedural outline of her claims, and forward to them documentary evidence for their consideration. The basis for this request is that she was informed that obtaining pro bono counsel takes time, and that in her view, counsel would be more inclined to accept an appointment knowing the facts and evidence of her cases. Plaintiff's request is DENIED. The Court will not approve of the dissemination of this its confidential list of its pro bono contacts or sources....While Plaintiff may, of course, make her own efforts to secure counsel to represent her, she may not represent to any law firms or attorneys that this Court endorsed the direct solicitation. Alternatively, if Plaintiff does not wish the Pro Bono Coordinators to continue their efforts because of the time delay, she may elect to withdraw her request for a successor appointment of pro bono counsel, and proceed pro se, by filing a Notice with the Court.](PSSA, 1)

Judge Douglas P. Woodlock : ORDER FOR APPOINTMENT OF PRO BONO COUNSEL AND ORDER ON PENDING MOTIONS entered: it is hereby Ordered that Erin Anderson, Esq. is appointed as successor pro bono counsel to Attorney Julie A. Baker to represent the Plaintiff Sandy J. Battista in C.A 05-12383-DPW and C.A. 05-11456-DPW. Contact Information for pro bono counsel is: Erin Anderson, Esq., P.O. Box 934, York Harbor, Maine 03911 (207)363-9113 (fax)(774) 888-9043 (cell) e-mail: erino27@yahoo.com. It is Further Ordered that Plaintiff's pro se Motion for Reconsideration of the Application for a Temporary Restraining Order (#48), Defendants' Motion for an Order Compelling Plaintiff to Submit to a Mental Examination (#50), Defendant University of Massachusetts's Motion for Entry of Separate and Final Judgment (#44), and Plaintiff's Motion for Leave to File a Reply (#52) are all DENIED without prejudice. The parties may reassert such terminated motions no earlier than forty-five (45) days from the date of this Order in order to permit newly appointed counsel a reasonable period to assess the issues in these cases. The parties are reminded that any motion submitted to the Court must comply with Local Rule 7.1. (PSSA, 1) Modified on 3/22/2007 to correct typographical errors. (PSSA, 1).

MOTION for Extension of Time by Sandy J. Battista.(Nici, Richard)

MOTION for Entry of Judgment under Rule 54(b) by UMass Correctional Health Program.(Brighton, Anthony)

MEMORANDUM in Support re [59] MOTION for Entry of Judgment under Rule 54(b) filed by UMass Correctional Health Program. (Attachments: # (1) Exhibit Exhibit A# (2) Exhibit Exhibit B)(Brighton, Anthony)

2 Exhibit Exhibit A

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3 Exhibit Exhibit B

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MOTION for Extension of Time to 10/26/07 to Complete Discovery Pursuant to Fed. R. Civ. P. 56(f) by Kathleen M. Dennehy, Robert Murphy, Steve Fairly, Susan J Martin, Gregory J. Hughes. (Attachments: # (1) Affidavit)(McFarland, Richard)

2 Affidavit

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MOTION for Discovery -Renewed Motion for Order Compelling Plaintiff to Submit to Mental Examinations by Kathleen M. Dennehy, Robert Murphy, Steve Fairly, Susan J Martin, Gregory J. Hughes.(McFarland, Richard)

MEMORANDUM in Support re [62] MOTION for Discovery -Renewed Motion for Order Compelling Plaintiff to Submit to Mental Examinations filed by Kathleen M. Dennehy, Robert Murphy, Steve Fairly, Susan J Martin, Gregory J. Hughes. (Attachments: # (1) Exhibit)(McFarland, Richard)

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MOTION for Protective Order by Sandy J. Battista.(Nici, Richard)

MEMORANDUM in Opposition re [61] MOTION for Extension of Time to 10/26/07 to Complete Discovery Pursuant to Fed. R. Civ. P. 56(f), [62] MOTION for Discovery -Renewed Motion for Order Compelling Plaintiff to Submit to Mental Examinations filed by Sandy J. Battista. (Nici, Richard)

MEMORANDUM in Support re [64] MOTION for Protective Order filed by Sandy J. Battista. (Attachments: # (1) Exhibit)(Nici, Richard)

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Letter/request (non-motion) from New Mexico Legal Aid. (Nici, Richard)

Letter/request (non-motion) from Sandy Baptista. (Nici, Richard)

Letter/request (non-motion) from S. Battista. (Nici, Richard)

Judge Douglas P. Woodlock : ORDER entered. Order Appointing Pro Bono Counsel. There being sufficient cause to exercise the discretionary power of the Court to appoint counsel, it is ORDERED that McDermott Will & Emery LLP is appointed to represent the plaintiff under the provisions of the United States District Court Plan for the Appointment of Counsel For Indigent Parties in Civil Cases, unless this appointment is declined by written notice (copy to pro bono coordinator) within twenty-one (21) days from the date of this Order. Once this order takes effect, appointed counsel or his or her designated associate(s) shall: (1) promptly file a Notice of Appearance in this action; and (2) serve until the litigation is terminated or the Court enters an order revoking said appointment. Contact names: Neal E. Minahan, Jr., Esq.,Emily E. Smith-Lee, Esq.,Ada Sheng, Esq.(PSSA, 1)

NOTICE of Appearance by Neal E. Minahan, Jr on behalf of Sandy J. Battista (Minahan, Neal)

NOTICE of Appearance by Emily E. Smith-Lee on behalf of Sandy J. Battista (Smith-Lee, Emily)

STATUS REPORT JOINTLY FILED by Sandy J. Battista, Kathleen M. Dennehy, Robert Murphy, Steve Fairly, Susan J Martin, Gregory J. Hughes. (Minahan, Neal)

NOTICE of Appearance by Dana M. McSherry on behalf of Sandy J. Battista (McSherry, Dana)

NOTICE of Appearance by Joan T. Kennedy on behalf of Kathleen M. Dennehy, Robert Murphy, Steve Fairly, Susan J Martin, Gregory J. Hughes (Kennedy, Joan)

NOTICE of Appearance by Ada Y. Sheng on behalf of Sandy J. Battista (Sheng, Ada)

MOTION for Leave to File First Amended Complaint by Sandy J. Battista. (Attachments: # (1) Exhibit 1)(Minahan, Neal)

2 Exhibit 1

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NOTICE by Sandy J. Battista of Non-Opposition (Minahan, Neal)

Judge Douglas P. Woodlock: ORDER entered granting [77] Motion for Leave to File. The proposed First Amended Complaint (#77) is now the operative pleading in this action. Additionally, the earlier denial of the Motion for Entry of Judgment Under Rule 54(b) by University of Massachusetts Correctional Health Program (#59) is VACATED and the Clerk is to enter Separate and Final Judgment for University of Massachusetts Correctional Health Program, based on the March 22, 2006 Memorandum and Order (#42). (PSSA, 1)

Judge Douglas P. Woodlock: ORDER entered. SEPARATE AND FINAL JUDGMENT in favor of University of Massachusetts Correctional Health Program against Sandy Jo Battista.(PSSA, 1)

First AMENDED COMPLAINT against Terre K. Marshall, Harold W. Clarke, Kathleen M. Dennehy, Robert Murphy, Susan J Martin, filed by Sandy J. Battista. (Attachments: # (1) Exhibit A)(Minahan, Neal)

2 Exhibit A

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Summons Issued as to Terre K. Marshall, Harold W. Clarke. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Seelye, Terri)

MOTION to Dismiss Counts III-IX by Terre K. Marshall, Harold W. Clarke, Kathleen M. Dennehy, Robert Murphy, Susan J Martin.(McFarland, Richard)

MEMORANDUM in Support re [85] MOTION to Dismiss Counts III-IX filed by Terre K. Marshall, Harold W. Clarke, Kathleen M. Dennehy, Robert Murphy, Susan J Martin. (McFarland, Richard)

CERTIFICATE OF CONSULTATION re [85] MOTION to Dismiss Counts III-IX. (McFarland, Richard)

Assented to MOTION for Extension of Time to February 15, 2008 to File Opposition to Defendants' Motion to Dismiss by Sandy J. Battista.(Minahan, Neal)

Opposition re [85] MOTION to Dismiss Counts III-IX filed by Sandy J. Battista. (Sheng, Ada)

MOTION for Protective Order by Sandy J. Battista.(McSherry, Dana)

MEMORANDUM in Support re [90] MOTION for Protective Order filed by Sandy J. Battista. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(McSherry, Dana)

2 Exhibit A

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3 Exhibit B

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MEMORANDUM in Opposition re [90] MOTION for Protective Order filed by Terre K. Marshall, Harold W. Clarke, Kathleen M. Dennehy, Robert Murphy, Susan J Martin. (Attachments: # (1) Exhibit, # (2) Exhibit)(McFarland, Richard)

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MOTION for Leave to File Reply to Defendants' Opposition to Protective Order by Sandy J. Battista. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Sheng, Ada)

2 Exhibit 1

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3 Exhibit 2

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REPLY to Response to [90] MOTION for Protective Order filed by Sandy J. Battista. (Attachments: # (1) Exhibit 1)(Smith-Lee, Emily) Modified text on 3/26/2008 (Seelye, Terri).

2 Exhibit 1

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STATUS REPORT (JOINT) by Sandy J. Battista. (Sheng, Ada)

MOTION for Preliminary Injunction by Sandy J. Battista.(Smith-Lee, Emily)

MEMORANDUM in Support re [96] MOTION for Preliminary Injunction filed by Sandy J. Battista. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit Exhibit O, # (16) Exhibit P, # (17) Exhibit Q, # (18) Exhibit R, # (19) Exhibit S, # (20) Exhibit T, # (21) Exhibit U, # (22) Exhibit V, # (23) Exhibit W, # (24) Exhibit X, # (25) Exhibit Y)(Smith-Lee, Emily)

2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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9 Exhibit H

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10 Exhibit I

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11 Exhibit J

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12 Exhibit K

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13 Exhibit L

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14 Exhibit M

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15 Exhibit N

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16 Exhibit Exhibit O

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17 Exhibit P

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18 Exhibit Q

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19 Exhibit R

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20 Exhibit S

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21 Exhibit T

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22 Exhibit U

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23 Exhibit V

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24 Exhibit W

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25 Exhibit X

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26 Exhibit Y

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MOTION for Extension of Time to Two Weeks to File Rebuttal Expert Report by Sandy J. Battista. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Smith-Lee, Emily)

2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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MOTION for Extension of Time to September 5, 2008 to Respond to [96] Plaintiff's Renewed Motion for Preliminary Injunction by Terre K. Marshall, Harold W. Clarke, Kathleen M. Dennehy, Robert Murphy, Susan J Martin.(McFarland, Richard)

FILING ERROR - FILED PREMATURELY AS LEAVE NOT GRANTED - ANSWER to [81] Amended Complaint by Terre K. Marshall, Harold W. Clarke, Kathleen M. Dennehy, Robert Murphy, Susan J Martin.(McFarland, Richard) Modified text on 8/15/2008 (Seelye, Terri).

MOTION for Leave to File Answer by Terre K. Marshall, Harold W. Clarke, Kathleen M. Dennehy, Robert Murphy, Susan J Martin. (Attachments: # (1) Affidavit Counsel)(McFarland, Richard)

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ANSWER to First Amended Complaint with Jury Demand by Terre K. Marshall, Harold W. Clarke, Kathleen M. Dennehy, Robert Murphy, Steve Fairly, Susan J Martin, Gregory J. Hughes.(Kennedy, Joan) Related Document [81]. Modified text & created link on 8/19/2008 (Seelye, Terri).