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1
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COMPLAINT against Steve Breshear, Jack Conway, Bobbie Hosclaw Filing fee $ 400, receipt number 644-1659594., filed by I.D.(minor child by and through his parents and next freinds, Gregory Bourke and Michael Deleon), Gregory Bourke, Michael Deleon. (Attachments: # 1 Summons, # 2 Cover Sheet, # 3 Exhibit Marriag certificate) (JSS) ( (Main Document 1 replaced on 8/19/2013) (DAK). (Entered: 07/26/2013)
1 Summons
View on PACER
2 Cover Sheet
View on PACER
3 Exhibit Marriag certificate
View on PACER
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July 26, 2013
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July 26, 2013
RECAP
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2
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Case Assignment (Random Selection): Case Assigned to Judge John G. Heyburn II. Magistrate designation: Dave Whalin. (JSS) (Entered: 07/26/2013)
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July 26, 2013
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July 26, 2013
PACER
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3
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CERTIFICATE OF SERVICE by Gregory Bourke re 1 Complaint, (Attachments: # 1 Summons) (Fauver, Shannon) (Entered: 07/26/2013)
1 Summons
View on PACER
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July 26, 2013
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July 26, 2013
PACER
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4
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Summons Issued as to Steve Breshear, Jack Conway, Bobbie Hosclaw. Counsel for Plaintiff is responsible for printing and serving the attached issued summons(es). (JSS) (Entered: 07/26/2013)
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July 26, 2013
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July 26, 2013
PACER
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5
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AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF [AMENDED DOCUMENT] by Gregory Bourke. Amendment to 1 Complaint, by Gregory Bourke. (Fauver, Shannon) Modified on 8/16/2013 - edited title; was filed as an Amended Document (DAK). (Entered: 08/16/2013)
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Aug. 16, 2013
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Aug. 16, 2013
RECAP
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6
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AMENDED SUMMONS (AMENDED DOCUMENT) by Gregory Bourke. Amendment to 5 Amended Document by Gregory Bourke. (Fauver, Shannon) Modified on 8/19/2013 - edited title; was filed as amended document (DAK). (Entered: 08/16/2013)
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Aug. 16, 2013
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Aug. 16, 2013
PACER
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7
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Summons Issued as Amended Complaint to Jack Conway, Elaine A. Filiatreau, Alison Lundergan Grimes, Bobbie Hosclaw. Counsel for Plaintiff is responsible for printing and serving the attached issued summons(es). (DAK) (Entered: 08/19/2013)
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Aug. 19, 2013
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Aug. 19, 2013
PACER
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8
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NOTICE by Michael Deleon re Amended Complaint, (Attachments: # 1 Summons, # 2 Summons) (Fauver, Shannon) (Entered: 08/23/2013)
1 Summons
View on PACER
2 Summons
View on PACER
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Aug. 23, 2013
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Aug. 23, 2013
PACER
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9
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Summons Issued as to Steve Breshear, Jack Conway. Counsel for Plaintiff is responsible for printing and serving the attached issued summons(es). (JSS) (Entered: 08/23/2013)
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Aug. 23, 2013
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Aug. 23, 2013
PACER
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10
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SUMMONS Returned Executed by Gregory Bourke. Elaine A. Filiatreau served on 8/26/2013, answer due 9/16/2013. (Fauver, Shannon) (Entered: 09/03/2013)
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Sept. 3, 2013
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Sept. 3, 2013
PACER
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11
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SUMMONS Returned Executed by Michael Deleon. Bobbie Hosclaw served on 8/26/2013, answer due 9/16/2013. (Fauver, Shannon) (Entered: 09/03/2013)
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Sept. 3, 2013
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Sept. 3, 2013
PACER
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12
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SUMMONS Returned Executed by Gregory Bourke. Jack Conway served on 8/26/2013, answer due 9/16/2013. (Fauver, Shannon) (Entered: 09/03/2013)
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Sept. 3, 2013
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Sept. 3, 2013
PACER
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13
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SUMMONS Returned Executed by Gregory Bourke. Steve Breshear served on 8/26/2013, answer due 9/16/2013. (Fauver, Shannon) (Entered: 09/03/2013)
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Sept. 3, 2013
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Sept. 3, 2013
PACER
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14
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MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Elaine A. Filiatreau Responses due by 10/7/2013 (Attachments: # 1 Proposed Order) (Farah, Licha) (Entered: 09/13/2013)
1 Proposed Order
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Sept. 13, 2013
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Sept. 13, 2013
PACER
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15
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Proposed Agreed Order/Stipulation by Steve Breshear, Jack Conway. (Barkley, Clay) (Entered: 09/16/2013)
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Sept. 16, 2013
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Sept. 16, 2013
RECAP
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16
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MOTION to Dismiss by Defendant Bobbie Hosclaw Responses due by 10/10/2013 (Attachments: # 1 Memorandum in Support, # 2 Proposed Order) (French, Stephanie) (Entered: 09/16/2013)
1 Memorandum in Support
View on PACER
2 Proposed Order
View on PACER
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Sept. 16, 2013
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Sept. 16, 2013
PACER
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17
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Amended MOTION to Amend/Correct 16 MOTION to Dismiss by Defendant Bobbie Hosclaw Responses due by 10/11/2013 (Attachments: # 1 Memorandum in Support, # 2 Proposed Order) (French, Stephanie) (Entered: 09/17/2013)
1 Memorandum in Support
View on PACER
2 Proposed Order
View on PACER
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Sept. 17, 2013
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Sept. 17, 2013
PACER
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18
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AGREED ORDER FOR EXTENSION OF TIME TO ANSWER by Judge John G. Heyburn, II on 9/17/13. Time is extended for Dfts to answer Pltfs' complaint or respond by motion until 9/25/13. cc:counsel (SJS) (Entered: 09/18/2013)
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Sept. 18, 2013
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Sept. 18, 2013
RECAP
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19
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ANSWER to Amended Complaint, by Steve Breshear, Jack Conway. (Barkley, Clay) (Entered: 09/25/2013)
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Sept. 25, 2013
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Sept. 25, 2013
RECAP
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20
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Proposed Agreed Order/Stipulation to extend time to respond to Motion to Dismiss by Gregory Bourke. (Fauver, Shannon) (Entered: 10/07/2013)
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Oct. 7, 2013
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Oct. 7, 2013
RECAP
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21
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ORDER (EBOC) by Judge John G. Heyburn, II on 10/7/2013; telephonic conference set for 10/10/2013 01:00 PM before Judge John G. Heyburn II.cc:counsel (TLB) (Entered: 10/07/2013)
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Oct. 7, 2013
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Oct. 7, 2013
RECAP
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22
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AGREED ORDER by Judge John G. Heyburn, II on 10/8/2013; 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Response due by 10/28/2013.cc:counsel (TLB) (Entered: 10/08/2013)
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Oct. 8, 2013
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Oct. 8, 2013
RECAP
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23
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Proposed Agreed Order/Stipulation for extension of time by Gregory Bourke. (Fauver, Shannon) (Entered: 10/09/2013)
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Oct. 9, 2013
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Oct. 9, 2013
RECAP
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24
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ORDER for proceedings held before Judge John G. Heyburn, II. Telephonic Status Conference held on 10/10/2013. IT IS HEREBY ORDERED any dispositive motions can be filed on or before 11/25/2013, with responses to be filed on or before 12/16/2013. Normal reply times shall apply in accordance with the Local Rules of the Western District of Kentucky. The matters will then be submitted before the Court. cc: Counsel (TJD) (Entered: 10/17/2013)
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Oct. 17, 2013
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Oct. 17, 2013
RECAP
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25
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NOTICE of Appearance by Laura E. Landenwich on behalf of Gregory Bourke, Michael Deleon, I.D., I.D. (Landenwich, Laura) (Entered: 10/28/2013)
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Oct. 28, 2013
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Oct. 28, 2013
PACER
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26
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MOTION to Modify Case Caption by Plaintiffs Gregory Bourke, Michael Deleon, I.D., I.D. Responses due by 11/21/2013 (Attachments: # 1 Proposed Order) (Landenwich, Laura) (Entered: 10/28/2013)
1 Proposed Order
View on PACER
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Oct. 28, 2013
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Oct. 28, 2013
PACER
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27
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ORDER signed by Judge John G. Heyburn, II on 10/31/2013 granting 26 Motion to Modify Case Caption. cc: Counsel (TJD) (Entered: 10/31/2013)
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Oct. 31, 2013
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Oct. 31, 2013
RECAP
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28
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MOTION to Dismiss by Plaintiff Gregory Bourke Responses due by 11/25/2013 (Attachments: # 1 Proposed Order) (Landenwich, Laura) (Entered: 11/01/2013)
1 Proposed Order
View on PACER
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Nov. 1, 2013
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Nov. 1, 2013
PACER
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29
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MOTION for Leave to File Second Amended Complaint by Plaintiff Gregory Bourke Responses due by 11/25/2013 (Attachments: # 1 Exhibit attachment 1, # 2 Proposed Order) (Landenwich, Laura) (Entered: 11/01/2013)
1 Exhibit attachment 1
View on PACER
2 Proposed Order
View on PACER
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Nov. 1, 2013
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Nov. 1, 2013
PACER
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30
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ORDER granting 29 Motion for Leave to file Second Amended Complaint. Signed by Judge John G. Heyburn, II on 11/14/13. cc:counsel (JBM) (Entered: 11/15/2013)
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Nov. 15, 2013
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Nov. 15, 2013
RECAP
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31
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SECOND AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against Steve Breshear, Jack Conway, filed by I.D.(minor child by and through his parents and next freinds, Gregory Bourke and Michael Deleon), Michael Deleon, Gregory Bourke, Luther Barlowe, M.J.-C., Randell Johnson, Jimmy Meade, Paul Campion, Tamera Boyd, Kimberly Franklin, T.J.-C.. (JBM) (Entered: 11/15/2013)
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Nov. 15, 2013
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Nov. 15, 2013
RECAP
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32
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ORDER granting 28 and 16 Motions to Dismiss. Claims against Defendants Bobbie Holsclaw and Elaine Filiatreau are hereby DISMISSED WITHOUT PREJUDICE. Signed by Judge John G. Heyburn, II on 11/14/13. cc:counsel (JBM) (Entered: 11/15/2013)
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Nov. 15, 2013
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Nov. 15, 2013
RECAP
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33
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NOTICE of Constitutional Challenge by Gregory Bourke (Landenwich, Laura) (Entered: 11/19/2013)
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Nov. 19, 2013
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Nov. 19, 2013
RECAP
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34
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MOTION to Amend/Correct 24 Telephone Conference, Scheduling Order by Defendants Steve Breshear, Jack Conway Responses due by 12/16/2013 (Attachments: # 1 Proposed Order Proposed Agreed Order) (Barkley, Clay) (Entered: 11/20/2013)
1 Proposed Order Proposed Agreed Order
View on PACER
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Nov. 20, 2013
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Nov. 20, 2013
PACER
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35
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MEMORANDUM AND ORDER by Judge John G. Heyburn, II on 11/23/2013. IT IS HEREBY ORDERED that motions supporting injunctive relief shall be filed on or before 12/16/2013; responses shall be filed on or before 1/13/2014; and replies on or before 01/23/2014. cc: Counsel (TJD) Modified on 11/25/2013-changed response date from 11/13/2014 to 1/13/2014. (DAK). (Entered: 11/25/2013)
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Nov. 25, 2013
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Nov. 25, 2013
RECAP
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36
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NOTICE of Appearance by Leonard J. Dunman on behalf of Gregory Bourke (Landenwich, Laura) Modified on 11/26/2013-corrected attorney (MLG). (Entered: 11/26/2013)
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Nov. 26, 2013
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Nov. 26, 2013
PACER
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37
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ANSWER to 31 Amended Complaint, by Steve Breshear, Jack Conway. (Barkley, Clay) (Entered: 12/02/2013)
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Dec. 2, 2013
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Dec. 2, 2013
RECAP
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38
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MOTION for Summary Judgment by Plaintiffs Luther Barlowe, Gregory Bourke, Tamera Boyd, Paul Campion, Michael Deleon, Kimberly Franklin, Randell Johnson, Jimmy Meade Responses due by 1/9/2014 (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1. Obergefell Opinion, # 3 Exhibit 2. Bourke Affidavit, # 4 Exhibit 3. Franklin Affidavit, # 5 Exhibit 4. Johnson Affidavit, # 6 Exhibit 5. Meade Affidavit, # 7 Exhibit 6. Senate Chambers, # 8 Exhibit 7. Amicus Brief, # 9 Exhibit 8. Bassett Opinion, # 10 Proposed Order Proposed Order) (Landenwich, Laura) (Entered: 12/16/2013)
1 Memorandum in Support
View on PACER
2 Exhibit 1. Obergefell Opinion
View on PACER
3 Exhibit 2. Bourke Affidavit
View on PACER
4 Exhibit 3. Franklin Affidavit
View on PACER
5 Exhibit 4. Johnson Affidavit
View on PACER
6 Exhibit 5. Meade Affidavit
View on PACER
7 Exhibit 6. Senate Chambers
View on PACER
8 Exhibit 7. Amicus Brief
View on PACER
9 Exhibit 8. Bassett Opinion
View on PACER
10 Proposed Order Proposed Order
View on PACER
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Dec. 16, 2013
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Dec. 16, 2013
PACER
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39
|
RESPONSE to Motion re 38 MOTION for Summary Judgment filed by Steve Breshear, Jack Conway. Replies due by 1/30/2014. (Attachments: # 1 Proposed Order Proposed Order) (Judy, Brian) (Entered: 01/13/2014)
1 Proposed Order Proposed Order
View on PACER
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Jan. 13, 2014
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Jan. 13, 2014
RECAP
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40
|
REPLY to Response to Motion re 38 MOTION for Summary Judgment filed by Luther Barlowe, Gregory Bourke, Tamera Boyd, Paul Campion, Michael Deleon, Kimberly Franklin, Randell Johnson, Jimmy Meade. (Attachments: # 1 Exhibit 1. Kitchen v. Herbert, # 2 Exhibit 2. Obergefell) (Landenwich, Laura) (Entered: 01/14/2014)
1 Exhibit 1. Kitchen v. Herbert
View on PACER
2 Exhibit 2. Obergefell
View on PACER
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Jan. 14, 2014
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Jan. 14, 2014
RECAP
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41
|
MOTION for Leave to file Amicus Curiae Brief by Amicus The Family Trust Foundation of Kentucky, Inc. Responses due by 2/10/2014 (Attachments: # 1 Proposed Order, # 2 Exhibit) (Cave, Stanton) (Entered: 01/16/2014)
1 Proposed Order
View on PACER
2 Exhibit
View on RECAP
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Jan. 16, 2014
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Jan. 16, 2014
PACER
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42
|
ORDER signed by Judge John G. Heyburn, II on 01/17/2014 granting 41 Motion for Leave to file amicus curiae brief. cc: Counsel of Record (TJD) (Entered: 01/17/2014)
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Jan. 17, 2014
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Jan. 17, 2014
RECAP
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43
|
BRIEF OF AMICUS CURIAE by The Family Trust Foundation of Kentucky, Inc re 39 Response to Motion filed by Jack Conway, Steve Breshear. (TJD) (Entered: 01/17/2014)
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Jan. 17, 2014
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Jan. 17, 2014
PACER
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44
|
NOTICE (Acknowledgement of Constitutional Challenge) by United States of America re 33 Notice (Other) (Kneedler, Jennie) (Entered: 01/21/2014)
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Jan. 21, 2014
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Jan. 21, 2014
RECAP
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45
|
ORDER by Judge John G. Heyburn, II on 1/23/2014; Plaintiffs shall have to 2/3/2014 in which to respond to the amicus brief, should they so choose.cc:counsel (TLB) (Entered: 01/23/2014)
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Jan. 23, 2014
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Jan. 23, 2014
PACER
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46
|
RESPONSE to re 43 Brief of Amicus filed by Luther Barlowe, Gregory Bourke, Tamera Boyd, Paul Campion, Michael Deleon, Kimberly Franklin, I.D.(minor child by and through his parents and next freinds, Gregory Bourke and Michael Deleon), Randell Johnson, M.J.-C., Jimmy Meade, T.J.-C.(Minor Child through their parents and next friends, Randell Johnson and Paul Campion). (Attachments: # 1 Exhibit Hollingsworth ASA Brief) (Canon, Daniel) (Entered: 02/03/2014)
1 Exhibit Hollingsworth ASA Brief
View on PACER
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Feb. 3, 2014
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Feb. 3, 2014
PACER
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47
|
MEMORANDUM OPINION by Judge John G. Heyburn, II on 2/11/2014; re 38 MOTION for Summary Judgment filed by Paul Campion, Jimmy Meade, Gregory Bourke, Luther Barlowe, Tamera Boyd, Michael Deleon, Kimberly Franklin, Randell Johnson. The Court will enter an order consistent with this Memorandum Opinion.cc:counsel (DAK) (Entered: 02/12/2014)
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Feb. 12, 2014
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Feb. 12, 2014
RECAP
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48
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ORDER by Judge John G. Heyburn, II on 2/11/2014; re 38 MOTION for Summary Judgment filed by Paul Campion, Jimmy Meade, Gregory Bourke, Luther Barlowe, Tamera Boyd, Michael Deleon, Kimberly Franklin, Randell Johnson, 47 Memorandum & Opinion - To the extent K.R.S. 402.005,.020,.040, and.045 and Section 233A of the Kentucky Constitution deny validly married same-sex couples equal recognition and benefits under Kentucky and federal law, they violate the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution. The Court will set a hearing in the near future to discuss the appropriate form of relief and the timing of its effect. This is not a final order.cc: Counselcc:counsel (DAK) (Entered: 02/12/2014)
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Feb. 12, 2014
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Feb. 12, 2014
RECAP
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49
|
MOTION to Intervene by Intervenor Parties Timothy Love, Lawrence M Ysunza, Maurice Blanchard, Dominique James Responses due by 3/10/2014 (Attachments: # 1 Exhibit Intervening Complaint, # 2 Proposed Order) (Canon, Daniel) (Entered: 02/14/2014)
1 Exhibit Intervening Complaint
View on PACER
2 Proposed Order
View on PACER
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Feb. 14, 2014
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Feb. 14, 2014
RECAP
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50
|
Emergency MOTION for Preliminary Injunction, MOTION for Permanent Injunction by Intervenor Parties Maurice Blanchard, Dominique James, Timothy Love, Lawrence M Ysunza Responses due by 3/10/2014 (Attachments: # 1 Proposed Order) (Canon, Daniel) (Entered: 02/14/2014)
1 Proposed Order
View on PACER
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Feb. 14, 2014
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Feb. 14, 2014
RECAP
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51
|
ORDER (EBOC) by Judge John G. Heyburn, II on 2/19/2014; telephonic conference set for 2/26/2014 01:00 PM before Judge John G. Heyburn II.cc:counsel (TLB) (Entered: 02/19/2014)
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Feb. 19, 2014
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Feb. 19, 2014
RECAP
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52
|
MOTION to Stay re 48 Order,, 47 Memorandum & Opinion, by Defendants Steve Breshear, Jack Conway Responses due by 3/24/2014 (Attachments: # 1 Proposed Order) (Barkley, Clay) (Entered: 02/27/2014)
1 Proposed Order
View on PACER
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Feb. 27, 2014
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Feb. 27, 2014
RECAP
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53
|
ORDER by Judge John G. Heyburn, II on 2/27/2014; status/motion hearing held 2/26/2014; 49 Motion to Intervene SUSTAINED; intervening complaint will be filed in the record as of this date; the court establishes the following filing and briefing schedule: Answer to Intervening Complaint due 3/19/2014; Motion and Memorandum for Relief by Plaintiffs due 4/18/2014; response to any motions by Plaintiff or other Amicus Parties due 5/19/2014; reply to any motions by Plaintiff due 5/28/2014. cc:counsel (TLB) (Entered: 02/27/2014)
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Feb. 27, 2014
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Feb. 27, 2014
PACER
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54
|
INTERVENING COMPLAINT AND PETITION FOR DECLARATORY AND INJUNCTIVE RELIEF, filed by Maurice Blanchard, Dominique James, Timothy Love, Lawrence M Ysunza. (TLB) (Entered: 02/27/2014)
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Feb. 27, 2014
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Feb. 27, 2014
PACER
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55
|
ORDER by Judge John G. Heyburn, II on 2/26/2014; the parties and the Court having discussed 47 Memorandum Opinion and 48 Order; no party having objection to the entry of a final order consistent with it; that to the extend K.R.S. 402.055,.020,.040, and.045 and Section 233A of the Kentucky Constitution act to deny validly married same-sex couples equal recognition and benefits under Kentucky and federal law, those laws violate the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution, and they are void and unenforceable; this is a final and appealable order.cc:counsel (TLB) (Entered: 02/27/2014)
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Feb. 27, 2014
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Feb. 27, 2014
RECAP
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56
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ORDER (EBOC) by Judge John G. Heyburn, II on 2/27/2014; telephonic conference set for 2/28/2014 02:30 PM before Judge John G. Heyburn II ; parties shall beprepared to discuss pending 52 MOTION to Stay. cc:counsel (TLB) (Entered: 02/27/2014)
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Feb. 27, 2014
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Feb. 27, 2014
PACER
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57
|
ORDER by Judge John G. Heyburn, II on 02/27/2014. IT IS HEREBY ORDERED that the Clerk shall modify the style of the case to Love, et al. vs. Beshear, et al. cc: Counsel (TJD) (Entered: 02/28/2014)
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Feb. 28, 2014
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Feb. 28, 2014
RECAP
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58
|
ORDER Signed by Judge John G. Heyburn, II on 2/28/2014 granting 52 Motion to Stay. The Court concludes that a limited stay allows the state proper time to administratively prepare for compliance with the Order.Being otherwise sufficiently advised, IT IS HEREBY ORDERED that enforcement of the Courts final order entered February 27, 2014, is STAYED until March 20, 2014.cc:counsel (ARM) (Entered: 02/28/2014)
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Feb. 28, 2014
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Feb. 28, 2014
RECAP
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59
|
ORDER Signed by Judge John G. Heyburn, II on 2/28/2014. denying 50 Motion for Preliminary Injunction; denying 50 Motion for Permanent Injunction.cc:counsel (ARM) (Entered: 02/28/2014)
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Feb. 28, 2014
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Feb. 28, 2014
RECAP
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60
|
MOTION for Attorney Fees and Costs by Plaintiffs Luther Barlowe, Gregory Bourke, Tamera Boyd, Paul Campion, Michael Deleon, Kimberly Franklin, I.D., I.D., Randell Johnson, M.J.-C., Jimmy Meade, T.J.-C., T.J.-C. Responses due by 4/4/2014 (Attachments: # 1 Affidavit Affidavit of Daniel J. Canon, # 2 Affidavit Affidavit of Shannon Fauver, # 3 Exhibit Time records for Clay Daniel Walton Adams, PLC, # 4 Affidavit Affidavit of Louis P. Winner, # 5 Exhibit Time records of Fauver Law Office, # 6 Affidavit Affidavit of Gregory A. Belzley, # 7 Exhibit Declaration of Paul Hershberg, # 8 Proposed Order) (Canon, Daniel) (Entered: 03/11/2014)
1 Affidavit Affidavit of Daniel J. Canon
View on PACER
2 Affidavit Affidavit of Shannon Fauver
View on PACER
3 Exhibit Time records for Clay Daniel Walton Adams, PLC
View on PACER
4 Affidavit Affidavit of Louis P. Winner
View on PACER
5 Exhibit Time records of Fauver Law Office
View on PACER
6 Affidavit Affidavit of Gregory A. Belzley
View on PACER
7 Exhibit Declaration of Paul Hershberg
View on PACER
8 Proposed Order
View on PACER
|
March 11, 2014
|
March 11, 2014
RECAP
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|
61
|
NOTICE of Appearance by Leigh G. Latherow on behalf of Steve Breshear (Latherow, Leigh) (Entered: 03/14/2014)
|
March 14, 2014
|
March 14, 2014
PACER
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|
62
|
MOTION to Withdraw as Attorney . (Continue to receive notice:Yes)by Intervenor Defendant Steve Breshear Responses due by 4/3/2014 (Attachments: # 1 Exhibit Consent, # 2 Proposed Order) (Barkley, Clay) (Entered: 03/14/2014)
1 Exhibit Consent
View on PACER
2 Proposed Order
View on PACER
|
March 14, 2014
|
March 14, 2014
PACER
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63
|
MOTION to Stay re 55 Order, Add and Terminate Parties,,,, by Intervenor Defendant Steve Breshear Responses due by 4/7/2014 (Attachments: # 1 Memorandum in Support, # 2 Exhibit unpublished cases cited, # 3 Proposed Order) (Latherow, Leigh) (Entered: 03/14/2014)
1 Memorandum in Support
View on PACER
2 Exhibit unpublished cases cited
View on PACER
3 Proposed Order
View on PACER
|
March 14, 2014
|
March 14, 2014
PACER
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|
64
|
Objection to 63 MOTION to Stay re 55 Order, Add and Terminate Parties,,,, filed by Luther Barlowe, Gregory Bourke, Tamera Boyd, Paul Campion, Michael Deleon, Kimberly Franklin, Randell Johnson, Jimmy Meade. (Attachments: # 1 Affidavit Cristal Fox) (Landenwich, Laura) (Additional attachment(s) added on 3/19/2014: # 2 Proposed Order) (TG). (Entered: 03/17/2014)
1 Affidavit Cristal Fox
View on PACER
2 Proposed Order
View on PACER
|
March 17, 2014
|
March 17, 2014
PACER
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65
|
ORDER signed by Judge John G. Heyburn, II on 03/17/2014 granting 62 Motion to Withdraw as Attorney. Upon Motion of the Hon. Brian T. Judy and Hon. Clay Barkley to withdraw as counsel, and the court being otherwise sufficiently advised, the motion is hereby GRANTED and the attorneys are permitted to withdraw as attorneys of record in this matter. cc: Counsel (TJD) (Entered: 03/17/2014)
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March 17, 2014
|
March 17, 2014
PACER
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66
|
NOTICE of Deficiency re 64 Objection, : failure to comply will be brought to the attention of the Court. Response due by 3/25/2014. (TG) (Entered: 03/18/2014)
|
March 18, 2014
|
March 18, 2014
PACER
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|
67
|
Proposed Order Denying Defendant's Motion for Stay re 64 Objection, by Luther Barlowe, Gregory Bourke, Tamera Boyd, Paul Campion, Michael Deleon, Kimberly Franklin, Randell Johnson, Jimmy Meade. (Landenwich, Laura) (Entered: 03/18/2014)
|
March 18, 2014
|
March 18, 2014
PACER
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68
|
NOTICE OF APPEAL as to 48 Order,, 55 Order, Add and Terminate Parties,,,, 47 Memorandum & Opinion, by Steve Breshear. Filing fee $ 505, receipt number 0644-1788494. (Latherow, Leigh) (Entered: 03/18/2014)
|
March 18, 2014
|
March 18, 2014
PACER
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|
69
|
ANSWER to 54 Intervenor Complaint by Steve Breshear. (Latherow, Leigh) (Entered: 03/19/2014)
|
March 19, 2014
|
March 19, 2014
PACER
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70
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ORDER for proceedings held before Judge John G. Heyburn, II. Telephone Conference regarding pending motion to stay (DN 63 ) held on 3/17/2014. (Court Reporter Alan Wernecke.) IT IS HEREBY ORDERED the briefing schedule established in the February 27, 2014 Order (DN 53 ) is amended to reflect a motion for leave to file as an amicus must be filed on or before MAY 2, 2014. IT IS FURTHER ORDERED that upon oral motion by Family Trust Foundation of Kentucky, Inc. to file a amicus brief is sustained. The motion to stay is hereby taken under advisement and a separate order shall issue. cc: Counsel (TJD) (Entered: 03/19/2014)
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March 19, 2014
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March 19, 2014
PACER
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71
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MEMORANDUM OPINION AND ORDER by Judge John G. Heyburn, II on 3/19/2014 re 63 Motion to Stay; stay of this Court's February 27, 2014 final order is extended until further order of the Sixth Circuit. cc:counsel (TLB) (Entered: 03/19/2014)
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March 19, 2014
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March 19, 2014
RECAP
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72
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MOTION to Dismiss by Intervenor Defendant Jack Conway Responses due by 4/14/2014 (Attachments: # 1 Proposed Order Proposed Order) (Judy, Brian) (Entered: 03/20/2014)
1 Proposed Order Proposed Order
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March 20, 2014
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March 20, 2014
PACER
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73
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ORDER signed by Judge John G. Heyburn, II on 03/21/2014 granting 72 Motion to Dismiss Defendant Jack Conway, in his official capacity as Attorney General of Kentucky, from this action. cc: Counsel (TJD) (Entered: 03/24/2014)
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March 24, 2014
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March 24, 2014
RECAP
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74
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RESPONSE to Motion re 60 MOTION for Attorney Fees and Costs filed by Steve Breshear. Replies due by 4/21/2014. (Attachments: # 1 Addendum Unpublished Opinions, # 2 Proposed Order) (Latherow, Leigh) (Entered: 04/04/2014)
1 Addendum Unpublished Opinions
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2 Proposed Order
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April 4, 2014
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April 4, 2014
RECAP
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75
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RESPONSE to Motion re 60 MOTION for Attorney Fees and Costs filed by Jack Conway. Replies due by 4/21/2014. (Attachments: # 1 Proposed Order Proposed Order) (Judy, Brian) (Entered: 04/04/2014)
1 Proposed Order Proposed Order
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April 4, 2014
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April 4, 2014
PACER
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76
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REPLY re 74 Response to Motion for Attorney Fees and Costs filed by Luther Barlowe, Maurice Blanchard, Gregory Bourke, Tamera Boyd, Paul Campion, Michael Deleon, Kimberly Franklin, I.D.(minor child by and through his parents and next freinds, Gregory Bourke and Michael Deleon), Dominique James, Randell Johnson, Timothy Love, M.J.-C., Jimmy Meade, T.J.-C.(Minor Child through their parents and next friends, Randell Johnson and Paul Campion), Lawrence M Ysunza. (Attachments: # 1 Exhibit Exhibit 1 - Unpublished Case - Dumas v. NUMM, # 2 Exhibit Exhibit 2 - Unpublished Case - Giuffre v. Hyundai, # 3 Proposed Order) (Dunman, Leonard) (Entered: 04/09/2014)
1 Exhibit Exhibit 1 - Unpublished Case - Dumas v. NUMM
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2 Exhibit Exhibit 2 - Unpublished Case - Giuffre v. Hyundai
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3 Proposed Order
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April 9, 2014
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April 9, 2014
PACER
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77
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MOTION for Summary Judgment by Intervenor Plaintiffs Maurice Blanchard, Dominique James, Timothy Love, Lawrence M Ysunza Responses due by 5/19/2014 --per DN# 53 Order-- (Attachments: # 1 Memorandum in Support, # 2 Affidavit Love/Ysunza Affidavit, # 3 Affidavit Blanchard Affidavit, # 4 Proposed Order) (Canon, Daniel) Modified on 4/23/2014 to correct response ddl. (ARM). (Entered: 04/18/2014)
1 Memorandum in Support
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2 Affidavit Love/Ysunza Affidavit
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3 Affidavit Blanchard Affidavit
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4 Proposed Order
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April 18, 2014
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April 18, 2014
PACER
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78
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MOTION to Intervene by Intervenor Plaintiff Chris Sevier. Responses due by 5/16/2014. (Attachments: # 1 Motion to Intervene as a Plaintiff, # 2 Proposed Intervening Complaint) (TJD) (Entered: 04/23/2014)
1 Motion to Intervene as a Plaintiff
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2 Proposed Intervening Complaint
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April 22, 2014
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April 22, 2014
PACER
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79
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NOTICE of Deficiency re 78 Motion to Intervene: failure to comply, by returning original signatures, will be brought to the attention of the Court. Response due by 5/27/2014. (TJD) (Entered: 04/23/2014)
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April 23, 2014
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April 23, 2014
PACER
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80
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MEMORANDUM AND ORDER by Senior Judge Thomas B. Russell declining to rule on 78 Motion to Intervene as it relates to the original action and denying 78 Motion to Intervene in the remaining intervening complaint. cc: counsel; Chris Sevier, pro se (JLS) (Entered: 04/24/2014)
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April 24, 2014
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April 24, 2014
RECAP
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81
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MOTION for Leave to File Amicus Curiae Brief by Amicus American Civil Liberties Union of Kentucky, Inc. Responses due by 5/23/2014 (Attachments: # 1 Proposed Order, # 2 Amicus Curiae Brief) (Adams, Jennifer) (Entered: 04/29/2014)
1 Proposed Order
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2 Amicus Curiae Brief
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April 29, 2014
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April 29, 2014
PACER
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82
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ORDER signed by Senior Judge John G. Heyburn, II on 05/12/2014 granting 81 Motion for Leave to File Amicus Curiae Brief. cc: Counsel (TJD) (Entered: 05/12/2014)
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May 12, 2014
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May 12, 2014
PACER
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83
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AMICUS CURIAE BRIEF OF THE ACLU OF KENTUCKY IN SUPPORT OF INTERVENING PLAINTIFFS filed by American Civil Liberties Union of Kentucky, Inc. re 82 Order on Motion for Leave to File Amicus Curiae Brief. (TJD) (Entered: 05/12/2014)
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May 12, 2014
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May 12, 2014
PACER
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84
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NOTICE of Change of Address by Jennifer Kincaid Adams (Adams, Jennifer) (Entered: 05/13/2014)
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May 13, 2014
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May 13, 2014
PACER
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85
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MEMORANDUM OPINION signed by Senior Judge John G. Heyburn, II on 05/13/2014 sustaining 60 Motion for Attorney Fees. IT IS HEREBY ORDERED that Plaintiffs' motion for attorney's fees and costs is SUSTAINED and Plaintiffs are awarded $70,325.00 for attorney's fees and $453.00 for costs. IT IS FURTHER ORDERED that this order is STAYED pending the resolution of Defendant's appeal before the Sixth Circuit Court of Appeals. cc: Counsel of Record (TJD) (Entered: 05/14/2014)
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May 14, 2014
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May 14, 2014
RECAP
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86
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BRIEF of Amicus Curiae, The Family Trust Foundation of Kentucky, Inc., in opposition to Motion for Summary Judgment by Timothy Love Plaintiffs re 77 MOTION for Summary Judgment filed by Timothy Love, Lawrence M Ysunza, Maurice Blanchard, Dominique James by The Family Trust Foundation of Kentucky, Inc.. (Cave, Stanton) (Entered: 05/19/2014)
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May 19, 2014
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May 19, 2014
PACER
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87
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RESPONSE to Motion re 77 MOTION for Summary Judgment filed by Steve Breshear. Replies due by 5/28/2014--PER DN# 53 Order-. (Attachments: # 1 Exhibit 1 - NPR Article, # 2 Exhibit 2 - New York Times, # 3 Exhibit 3 - SMH Article, # 4 Exhibit 4 - Washington Post, # 5 Proposed Order) (Latherow, Leigh) Modified on 5/21/2014 (ARM). (Entered: 05/19/2014)
1 Exhibit 1 - NPR Article
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2 Exhibit 2 - New York Times
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3 Exhibit 3 - SMH Article
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4 Exhibit 4 - Washington Post
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5 Proposed Order
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May 19, 2014
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May 19, 2014
PACER
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88
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Mail Returned as Undeliverable. Mail sent to Chris Sevier (KJA) (Entered: 05/28/2014)
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May 27, 2014
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May 27, 2014
PACER
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89
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REPLY re 77 MOTION for Summary Judgment filed by Maurice Blanchard, Dominique James, Timothy Love, Lawrence M Ysunza. (Attachments: # 1 Exhibit 1: Birth Rates) (Landenwich, Laura) (Entered: 05/28/2014)
1 Exhibit 1: Birth Rates
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May 28, 2014
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May 28, 2014
RECAP
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90
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Mail sent to Chris Sevier Returned as Undeliverable re: DN 79 . (TJD) (Entered: 05/29/2014)
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May 29, 2014
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May 29, 2014
PACER
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91
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MEMORANDUM OPINION AND ORDER by Senior Judge John G. Heyburn, II on 7/1/2014; re 77 MOTION for Summary Judgment filed by Timothy Love, Lawrence M Ysunza, Maurice Blanchard, Dominique James - IT IS HEREBY ORDERED THAT to the extent Ky. Rev. Stat. §§ 402.005 and.020(1)(d) and Section 233A of the Kentucky Constitution deny same-sex couples the right to marry in Kentucky, they violate the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, and they are void and unenforceable. IT IS FURTHER ORDERED that for all the reasons set forth in this Courts Memorandum Opinion and Orders in this case dated February 28, 2014 and March 19, 2014, the order here is STAYED until further order of the Sixth Circuit.This is a final and appealable order.cc:counsel (DAK) (Entered: 07/01/2014)
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July 1, 2014
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July 1, 2014
RECAP
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92
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NOTICE OF APPEAL as to 91 Memorandum & Opinion,,, by Steve Breshear. Filing fee $ 505, receipt number 0644-1846213. (Latherow, Leigh) (Entered: 07/08/2014)
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July 8, 2014
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July 8, 2014
PACER
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93
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MOTION for Extension of Time to File Petition for Attorney Fees by Intervenor Plaintiffs Maurice Blanchard, Dominique James, Timothy Love, Lawrence M Ysunza Responses due by 7/25/2014 (Attachments: # 1 Exhibit 1 Joint Motion to Consolidate, # 2 Proposed Order) (Landenwich, Laura) (Entered: 07/15/2014)
1 Exhibit 1 Joint Motion to Consolidate
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2 Proposed Order
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July 15, 2014
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July 15, 2014
PACER
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94
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ORDER signed by Senior Judge John G. Heyburn, II on 08/06/2014 granting 93 Motion for Extension of Time to File. IT IS HEREBY ORDERED that any fee petition filed in this case shall be filed within thirty (30) days of final disposition by the Sixth Circuit Court of Appeals or, if applicable, the United States Supreme Court. cc: Counsel (TJD) (Entered: 08/06/2014)
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Aug. 6, 2014
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Aug. 6, 2014
PACER
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95
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NOTICE RECEIVED FROM USCA re 68 Notice of Appeal, 92 Notice of Appeal. OPINION and JUDGMENT filed : The judgment of the district court is REVERSED. Mandate to Issue. (TG) (Entered: 11/07/2014)
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Nov. 7, 2014
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Nov. 7, 2014
PACER
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96
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NOTICE RECEIVED FROM USCA - re 68 Notice of Appeal, 92 Notice of Appeal. U.S. Supreme Court notice filed regarding a petition for a writ of certiorari filed by Appellee Gregory Bourke in 14-5291. Supreme Court Case No:14-574. (TLG) (Entered: 11/20/2014)
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Nov. 20, 2014
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Nov. 20, 2014
PACER
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97
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NOTICE RECEIVED FROM USCA - U.S. Supreme Court letter filed granting the petitions for writs of certiorari limited to the following questions: 1) Does the Fourteenth Amendment require a state to license a marriage between two people of the same sex? 2) Does the Fourteenth Amendment require a state to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state? 157 filed by Gregory Bourke.. Supreme Court Case No: 14-574, 01/16/2015.. [14-5291, 14-5818] (Cathryn Lovely) (TLG) (Entered: 01/21/2015)
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Jan. 20, 2015
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Jan. 20, 2015
PACER
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98
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.S. Supreme Court opinion filed : REVERSED. Supreme Court Case No: 14-574. [14-5291, 14-5818] (JBM) (Entered: 06/26/2015)
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June 26, 2015
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June 26, 2015
PACER
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99
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MOTION for Extension of Time to File Attorney Fee Petition ( Responses due by 8/6/2015), MOTION Assignment ( Responses due by 8/20/2015)by Plaintiffs Luther Barlowe, Gregory Bourke, Tamera Boyd, Paul Campion, Michael Deleon, Kimberly Franklin, I.D., I.D., Randell Johnson, M.J.-C., Jimmy Meade, T.J.-C., T.J.-C., Intervenor Plaintiffs Maurice Blanchard, Dominique James, Timothy Love, Lawrence M Ysunza (Attachments: # 1 Proposed Order) (Landenwich, Laura) (Entered: 07/26/2015)
1 Proposed Order
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July 26, 2015
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July 26, 2015
PACER
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100
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Case Assignment (Random Selection): Case Assigned to Senior Judge Charles R. Simpson III. (MLG) (Entered: 07/27/2015)
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July 27, 2015
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July 27, 2015
PACER
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