1
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VERIFIED COMPLAINT. Filing Fee $400.00. Receipt # 0425-2494946. (Attachment: # 1 Civil Cover Sheet) (jap) (Entered: 06/25/2013)
1 Civil Cover Sheet
View on PACER
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June 24, 2013
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June 24, 2013
RECAP
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2
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MOTION by Joseph B. Holland, Jr, and Joe Holland Chevrolet, Inc. for Temporary Restraining Order and Preliminary Injunction. (Attachment: # 1 Affidavit of Joseph B. Holland, Jr.) (jap) (Entered: 06/25/2013)
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June 24, 2013
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June 24, 2013
PACER
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3
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MEMORANDUM by Joseph B. Holland, Jr., Joe Holland Chevrolet, Inc. in support of 2 MOTION for Temporary Restraining Order and Preliminary Injunction. (jap) (Entered: 06/25/2013)
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June 24, 2013
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June 24, 2013
PACER
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CASE assigned to Judge Thomas E. Johnston. (ras)
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June 24, 2013
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June 24, 2013
PACER
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4
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STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED APRIL 8, 2013. Discovery referred to Magistrate Judge Tinsley. (cc:attys; any unrepresented party) (jap)
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June 25, 2013
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June 25, 2013
PACER
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5
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ORDER Telephone Conference concerning 2 motion for a temporary restraining order set for 6/26/2013 at 10:00 AM in Charleston before Judge Thomas E. Johnston. Signed by Judge Thomas E. Johnston on 6/25/2013. (cc: attys; any unrepresented party) (tmr)
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June 25, 2013
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June 25, 2013
PACER
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6
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EMAIL NOTIFICATION to Hiram S. Sasser, III and Jeffrey C. Mateer with Notice from Teresa L. Deppner, Clerk, Re: Electronic filing requirements. (Attachments: # 1 Clerk's Notice) (jkk) (Entered: 06/26/2013)
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June 25, 2013
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June 25, 2013
PACER
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7
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EMAIL NOTIFICATION to Brian E. Calabrese with Notice from Teresa L. Deppner, Clerk, Re: Electronic filing requirements. (Attachments: # 1 Clerk's Notice) (jkk)
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June 26, 2013
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June 26, 2013
PACER
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8
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TELEPHONE STATUS CONFERENCE held by Judge Thomas E. Johnston on 6/26/2013; (slw)
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June 26, 2013
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June 26, 2013
RECAP
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9
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MOTION by Seth D. Harris, Jacob J. Lew, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury to File Overlength Brief in Opposition to Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction (Bennett, Michelle)
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June 28, 2013
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June 28, 2013
PACER
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10
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CORPORATE DISCLOSURE STATEMENT by Joe Holland Chevrolet, Inc. (Prunty, Allen)
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June 28, 2013
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June 28, 2013
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11
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SUMMONS SUBMITTED by Joseph B. Holland, Jr, Joe Holland Chevrolet, Inc. for Seth D. Harris, Jacob J. Lew, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury, re: 1 Complaint (Prunty, Allen)
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June 28, 2013
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June 28, 2013
PACER
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12
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ELECTRONIC SUMMONS ISSUED as to United States Department of Health and Human Services, Kathleen Sebelius, United States Department of Labor, Seth D. Harris, United States Department of the Treasury, Jacob J. Lew, re: 1 Verified Complaint. Summons returnable 60 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (Attachments: # 1 Summons - Kathleen Sebelius, # 2 Summons - U.S. Department of Labor, # 3 Summons - Seth Harris, # 4 Summons - U.S. Department of the Treasury, # 5 Summons - Jacob J. Lew) (skh)
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July 1, 2013
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July 1, 2013
PACER
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13
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ORDER upon hearing held 06/26/2013; directing that the Defendants' shall respond to any motion no later than 7/9/2013, and any reply will be due no later than 7/19/2013; the Court will hold a preliminary injunction hearing on 7/23/2013 at 1:30 p.m. Signed by Judge Thomas E. Johnston on 7/1/2013. (cc: attys; any unrepresented party) (tmh)
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July 1, 2013
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July 1, 2013
PACER
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14
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STATEMENT OF VISITING ATTORNEY from Jeffrey C. Mateer on behalf of Joseph B. Holland, Jr, Joe Holland Chevrolet, Inc. Local counsel: Allen R. Prunty. Fee $50.00. Receipt # 0425-2511968. (Prunty, Allen)
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July 1, 2013
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July 1, 2013
PACER
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15
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STATEMENT OF VISITING ATTORNEY from Hiram S. Sasser, III on behalf of Joseph B. Holland, Jr, Joe Holland Chevrolet, Inc. Local counsel: Allen R. Prunty. Fee $50.00. Receipt # 0425-2512018. (Prunty, Allen)
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July 1, 2013
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July 1, 2013
PACER
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16
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ORDER granting defendants' 9 MOTION for Leave to File Excess Pages; plaintiffs will be permitted to file any reply brief that is twenty-five pages or fewer without further motion. Signed by Judge Thomas E. Johnston on 7/3/2013. (cc: attys; any unrepresented party) (tmr)
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July 3, 2013
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July 3, 2013
PACER
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17
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ORDER Telephonic Status Conference set for 7/5/2013 01:30 PM in Charleston before Judge Thomas E. Johnston. Signed by Judge Thomas E. Johnston on 7/5/2013. (cc: attys; any unrepresented party) (tmr)
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July 5, 2013
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July 5, 2013
PACER
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18
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TELEPHONE CONFERENCE held by Judge Thomas E. Johnston on 7/5/2013. (slw) (Entered: 07/09/2013)
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July 5, 2013
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July 5, 2013
PACER
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19
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MEMORANDUM by Seth D. Harris, Jacob J. Lew, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury in opposition to 2 MOTION by Joseph B. Holland, Jr, Joe Holland Chevrolet, Inc. for Temporary Restraining Order and Preliminary Injunction (Bennett, Michelle)
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July 9, 2013
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July 9, 2013
RECAP
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20
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STATEMENT OF VISITING ATTORNEY from Daniel Mach on behalf of The American Civil Liberties Union, The American Civil Liberties Union of West Virginia Foundation. Local counsel: Sarah Rogers. Fee $50.00. Receipt # 0425-2533792. (Rogers, Sarah) (Modified on 7/10/2013 to remove and replace image to correct state bar number) (skh).
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July 10, 2013
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July 10, 2013
PACER
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21
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STATEMENT OF VISITING ATTORNEY from Jennifer Lee on behalf of The American Civil Liberties Union, The American Civil Liberties Union of West Virginia Foundation. Local counsel: Sarah Rogers. Fee $50.00. Receipt # 0425-2533942. (Rogers, Sarah)
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July 10, 2013
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July 10, 2013
PACER
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22
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BRIEF OF AMICI CURIAE by The American Civil Liberties Union, The American Civil Liberties Union of West Virginia Foundation in Opposition to 2 MOTION by Joseph B. Holland, Jr, and Joe Holland Chevrolet, Inc. for Temporary Restraining Order and Preliminary Injunction (Rogers, Sarah) (Modified on 7/10/2013 to add link to #2 motion) (skh).
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July 10, 2013
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July 10, 2013
RECAP
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NOTICE OF DOCKET CORRECTION re: 20 Statement of Visiting Attorney from Daniel Mach. ERROR: Image contained the incorrect state bar number of local counsel. CORRECTION: Image corrected and replaced. (skh)
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July 10, 2013
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July 10, 2013
PACER
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23
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MOTION by The American Civil Liberties Union, The American Civil Liberties Union of West Virginia Foundation for Leave to File Amicus Curiae Brief (Rogers, Sarah)
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July 11, 2013
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July 11, 2013
PACER
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24
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MEMORANDUM by The American Civil Liberties Union, The American Civil Liberties Union of West Virginia Foundation in support of 23 MOTION by The American Civil Liberties Union, The American Civil Liberties Union of West Virginia Foundation for Leave to File Amicus Curiae Brief (Rogers, Sarah)
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July 11, 2013
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July 11, 2013
PACER
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25
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NOTICE of Supplemental Authority by Seth D. Harris, Jacob J. Lew, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury (Attachments: # 1 Mersino Mgmt. Opinion, # 2 Liberty Opinion)(Bennett, Michelle)
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July 12, 2013
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July 12, 2013
PACER
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26
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MOTION by Joseph B. Holland, Jr, Joe Holland Chevrolet, Inc. to Withdraw 2 MOTION by Joseph B. Holland, Jr, Joe Holland Chevrolet, Inc. for Temporary Restraining Order and Preliminary Injunction (Prunty, Allen)
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July 22, 2013
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July 22, 2013
RECAP
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27
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ORDER granting the plaintiff's 26 MOTION to withdraw; withdrawing the 2 MOTION for temporary restraining order and preliminary injunction; and cancelling the preliminary injunction hearing scheduled for 7/23/2013. Signed by Judge Thomas E. Johnston on 7/22/2013. (cc: attys; any unrepresented party) (taq)
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July 22, 2013
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July 22, 2013
RECAP
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28
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AMENDED COMPLAINT by Joseph B. Holland, Jr. and Joe Holland Chevrolet, Inc. against United States Department of Health and Human Services, Kathleen Sebelius, United States Department of Labor, Seth D. Harris, United States Department of the Treasury, Jacob Lew. (skh)
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July 26, 2013
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July 26, 2013
RECAP
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29
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SUMMONS RETURNED EXECUTED for Seth D. Harris, Jacob Lew, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury, re: 1 Verified Complaint. Defendants served on 7/8/2013, answer due 9/6/2013. Person Served: Booth Goodwin/United States Attorney. Return Receipt Cards signed by agents on behalf of each defendant and on behalf of the U.S. Attorney General on 7/10/2013 and 7/16/2013. (Prunty, Allen)
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July 29, 2013
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July 29, 2013
PACER
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30
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EMAIL NOTIFICATION to Daniel Mach and Jennifer Lee with Notice from Teresa L. Deppner, Clerk, Re: Electronic filing requirements. (Attachments: # 1 Clerk's Notice) (jkk)
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Aug. 12, 2013
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Aug. 12, 2013
PACER
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31
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MOTION by Seth D. Harris, Jacob Lew, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury to Dismiss 28 Amended Complaint (Bennett, Michelle) (Modified on 8/23/2013 to add link to #28 amended complaint and to remove memorandum in support (attachment #1) and file it as entry #32) (skh).
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Aug. 23, 2013
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Aug. 23, 2013
PACER
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32
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MEMORANDUM by Seth D. Harris, Jacob Lew, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury in support of 31 MOTION by Seth D. Harris, Jacob Lew, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury to Dismiss 28 Amended Complaint. (skh)
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Aug. 23, 2013
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Aug. 23, 2013
PACER
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NOTICE OF DOCKET CORRECTION re: 31 Motion by Defendants to Dismiss 28 Amended Complaint. ERROR: Memorandum in support attached. CORRECTION: Memorandum removed and filed using the event Memorandum In Support, entry #32. (skh)
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Aug. 23, 2013
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Aug. 23, 2013
PACER
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33
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MOTION by Joseph B. Holland, Jr, Joe Holland Chevrolet, Inc. for Extension of Time to File Response to 31 MOTION by Seth D. Harris, Jacob Lew, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury to Dismiss 28 Amended Complaint to Sept. 13, 2013 (Prunty, Allen) (Modified on 8/26/2013 to remove link to #32 memorandum) (skh).
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Aug. 26, 2013
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Aug. 26, 2013
PACER
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34
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RESPONSE by Joseph B. Holland, Jr, Joe Holland Chevrolet, Inc. in opposition to 31 MOTION by Seth D. Harris, Jacob Lew, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury to Dismiss 28 Amended Complaint (Prunty, Allen) (Modified on 9/9/2013 to remove link to #32 memorandum) (skh).
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Sept. 8, 2013
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Sept. 8, 2013
PACER
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35
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REPLY by Seth D. Harris, Jacob Lew, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury to 34 Response In Opposition. (Bennett, Michelle) (Modified on 9/16/2013 to remove terminated filer) (skh).
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Sept. 16, 2013
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Sept. 16, 2013
PACER
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36
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NOTICE of Supplemental Authority by Seth D. Harris, Jacob Lew, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury re: 31 MOTION by Seth D. Harris, Jacob Lew, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury to Dismiss 28 Amended Complaint (Attachment: # 1 Exhibit - Autocam Decision)(Bennett, Michelle)
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Sept. 18, 2013
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Sept. 18, 2013
PACER
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37
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ORDER granting the American Civil Liberties Union and the American Civil Liberties Union of West Virginia's 23 MOTION to file an amicus brief; and granting plaintiffs' 33 MOTION for an extension of time to file a response to defendant's 31 motion to dismiss. Signed by Judge Thomas E. Johnston on 10/2/2013. (cc: attys; any unrepresented party) (taq)
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Oct. 2, 2013
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Oct. 2, 2013
PACER
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38
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NOTICE of Supplemental Authority by Joseph B. Holland, Jr, Joe Holland Chevrolet, Inc. re: 34 Response In Opposition (Attachment: # 1 Exhibit 1)(Prunty, Allen)
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Oct. 11, 2013
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Oct. 11, 2013
PACER
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39
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NOTICE of Supplemental Authority by Joseph B. Holland, Jr, Joe Holland Chevrolet, Inc. re: 31 MOTION by Seth D. Harris, Jacob Lew, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury to Dismiss 28 Amended Complaint (Attachment: # 1 Exhibit 1)(Prunty, Allen)
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Nov. 6, 2013
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Nov. 6, 2013
PACER
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40
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NOTICE of Supplemental Authority by Joseph B. Holland, Jr, Joe Holland Chevrolet, Inc. re: 31 MOTION by Seth D. Harris, Jacob Lew, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury to Dismiss 28 Amended Complaint (Attachment: # 1 Exhibit 1)(Prunty, Allen)
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Nov. 14, 2013
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Nov. 14, 2013
PACER
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41
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NOTICE of Supplemental Authority by Seth D. Harris, Jacob Lew, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury (Bennett, Michelle)
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Nov. 26, 2013
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Nov. 26, 2013
PACER
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42
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ORDER the court will hold a telephonic Status Conference on 12/10/2013 at 02:00 PM. Signed by Judge Thomas E. Johnston on 12/3/2013. (cc: attys; any unrepresented party) (tmh)
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Dec. 3, 2013
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Dec. 3, 2013
PACER
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43
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NOTICE OF ATTORNEY APPEARANCE by Benjamin L. Berwick on behalf of Seth D. Harris, Jacob Lew, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Berwick, Benjamin)
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Dec. 4, 2013
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Dec. 4, 2013
PACER
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44
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ORDER the Court STAYS this case pending the Supreme Court's decision in Sebelius v. Hobby Lobby Stores, Inc., No. 13354, 2013 WL 5297798 (U.S. Nov. 26, 2013); and REMOVES this case from the Court's active docket. Signed by Judge Thomas E. Johnston on 12/10/2013. (cc: attys; any unrepresented party) (taq)
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Dec. 10, 2013
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Dec. 10, 2013
PACER
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45
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TELEPHONE CONFERENCE held by Judge Thomas E. Johnston on 12/10/2013. (slw) (Entered: 12/13/2013)
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Dec. 10, 2013
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Dec. 10, 2013
PACER
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46
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NOTICE of Supplemental Authority by Joseph B. Holland, Jr, Joe Holland Chevrolet, Inc. (Attachment: # 1 Exhibit 1)(Prunty, Allen)
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June 30, 2014
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June 30, 2014
PACER
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47
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ORDER the Court will hold a telephonic status conference on 7/7/2014 at 9:30 AM in Charleston before Judge Thomas E. Johnston. Signed by Judge Thomas E. Johnston on 7/2/2014. (cc: attys; any unrepresented party) (taq)
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July 2, 2014
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July 2, 2014
PACER
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48
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TELEPHONE CONFERENCE held by Judge Thomas E. Johnston on 7/7/2014. (slw)
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July 7, 2014
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July 7, 2014
PACER
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49
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PROPOSED ORDER Consent Order Granting Preliminary Injunction by Joseph B. Holland, Jr, Joe Holland Chevrolet, Inc., Seth D. Harris, Jacob Lew, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury (Prunty, Allen) (Modified on 7/15/2014 to add party filers) (skh).
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July 15, 2014
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July 15, 2014
RECAP
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50
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CONSENT ORDER GRANTING PRELIMINARY INJUNCTION directing that defendants, their employees, agents, and successors in office are preliminarily ENJOINED until further order of the Court and as directed and set forth more fully herein; no bond is required. Signed by Judge Thomas E. Johnston on 7/23/2014. (cc: attys; any unrepresented party) (taq)
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July 23, 2014
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July 23, 2014
RECAP
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51
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JOINT MOTION by Seth D. Harris, Jacob Lew, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury, Joseph B. Holland, Jr, Joe Holland Chevrolet, Inc. for Entry of Injunction and Judgment (Attachment: # 1 Proposed Order)(Bennett, Michelle) (Modified on 12/9/2014 to add party filers) (skh).
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Dec. 9, 2014
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Dec. 9, 2014
PACER
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52
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INJUNCTION AND JUDGMENT ORDER; directing that judgment is entered in favor of plaintiffs and against defendants on plaintiffs claim under the Religious Freedom Restoration Act, 42 U.S.C. §§ 2000bb; directing that all other claims against Defendants are DISMISSED; and it is further ORDERED that any petition by plaintiffs for attorneys fees or costs shall be submitted on or before 60 days; directing that this Injunction and Judgment does not apply with respect to any changes in statute or regulation that are enacted or promulgated after this date, and nothing herein prevents plaintiffs from filing a new civil action to challenge any such future changes. Signed by Judge Thomas E. Johnston on 5/28/2015. (cc: attys; any unrepresented party) (tmr)
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May 29, 2015
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May 29, 2015
PACER
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53
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JOINT MOTION by Joseph B. Holland, Jr, Joe Holland Chevrolet, Inc., Seth D. Harris, Jacob Lew, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury for Extension of Time to File Plaintiffs' Petition for Attorney's Fees & Costs to 09/28/2015 (Prunty, Allen)
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July 22, 2015
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July 22, 2015
PACER
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54
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ORDER granting the parties' 53 JOINT MOTION for Extension of Time to File Plaintiffs' Petition for Attorney's Fees and Costs to 09/28/2015; directing that the deadline for Plaintiffs to file a petition for attorneys fees and costs is extended to 9/28/2015. Signed by Judge Thomas E. Johnston on 7/28/2015. (cc: counsel of record; any unrepresented party) (tmh)
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July 28, 2015
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July 28, 2015
PACER
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55
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JOINT MOTION by Joseph B. Holland, Jr, Joe Holland Chevrolet, Inc., Seth D. Harris, Jacob Lew, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury for Extension of Time to File Plaintiffs' Petition for Attorney's Fees & Costs to 10/12/2015 (Prunty, Allen) (Modified on 9/28/2015 to add party filers) (skh).
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Sept. 28, 2015
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Sept. 28, 2015
PACER
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56
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ORDER granting the parties' 55 JOINT MOTION for Extension of Time within which plaintiffs may submit to the Court a petition for attorney's fees and costs; plaintiffs may file their petition for attorney's fees and costs by 10/12/2015. Signed by Judge Thomas E. Johnston on 10/7/2015. (cc: counsel of record; any unrepresented party) (taq)
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Oct. 7, 2015
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Oct. 7, 2015
PACER
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57
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JOINT NOTICE OF SETTLEMENT by Joseph B. Holland, Jr, Joe Holland Chevrolet, Inc., Seth D. Harris, Jacob Lew, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury (Prunty, Allen) (Modified on 10/29/2015 to add party filers) (skh).
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Oct. 28, 2015
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Oct. 28, 2015
RECAP
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58
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DISMISSAL ORDER pursuant to the parties' 57 Joint Notice of Settlement; all issues in controversy between the parties have been fully resolved; the Court LIFTS the stay in this case; DISMISSES this action WITH PREJUDICE, subject to reopening on motion of any party for good cause shown within 90 days; and directing this case removed from the Court's docket. The parties need not submit any additional proposed dismissal or other final order unless it is required by law or is necessary under the terms of any agreement resolving this civil action. Signed by Judge Thomas E. Johnston on 10/30/2015. (cc: counsel of record; any unrepresented party) (taq)
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Oct. 30, 2015
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Oct. 30, 2015
PACER
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