277 F.Supp.3d 707

U. S. Court of Appeals for the Third Circuit

895 F.3d 272

COMPLAINT against MARY E COLALILLO, CHRISTOPHER PORRINO, KELLY ROSEN ( Filing and Admin fee $ 400 receipt number 0312-7902618), filed by BRITTAN B HOLLAND, LEXINGTON NATIONAL INSURANCE CORPORATION. (Attachments: # 1 Civil Cover Sheet, # 2 Certification Rule 11.2)(WILLIAMS, MICHAEL) (Entered: 06/14/2017)

1 Civil Cover Sheet

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2 Certification Rule 11.2

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Corporate Disclosure Statement by LEXINGTON NATIONAL INSURANCE CORPORATION. (WILLIAMS, MICHAEL) (Entered: 06/14/2017)

MOTION for Preliminary Injunction by BRITTAN B HOLLAND, LEXINGTON NATIONAL INSURANCE CORPORATION. (Attachments: # 1 Brief in Support of Motion for Preliminary Injunction, # 2 Declaration of Holland, # 3 Declaration of Wachinski, # 4 Text of Proposed Order)(WILLIAMS, MICHAEL) (Entered: 06/14/2017)

1 Brief in Support of Motion for Preliminary Injunction

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2 Declaration of Holland

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3 Declaration of Wachinski

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4 Text of Proposed Order

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NOTICE of Appearance by JUSTIN TAYLOR QUINN on behalf of BRITTAN B HOLLAND, LEXINGTON NATIONAL INSURANCE CORPORATION (QUINN, JUSTIN) (Entered: 06/14/2017)

SUMMONS ISSUED as to MARY E COLALILLO, CHRISTOPHER PORRINO, KELLY ROSEN Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. Issued By *JAIME KASSELMAN* (jbk, ) (Entered: 06/15/2017)

SUMMONS Returned Executed by BRITTAN B HOLLAND, LEXINGTON NATIONAL INSURANCE CORPORATION. KELLY ROSEN served on 6/19/2017, answer due 7/10/2017. (QUINN, JUSTIN) (Entered: 06/21/2017)

SUMMONS Returned Executed by BRITTAN B HOLLAND, LEXINGTON NATIONAL INSURANCE CORPORATION. CHRISTOPHER PORRINO served on 6/16/2017, answer due 7/7/2017. (QUINN, JUSTIN) (Entered: 06/21/2017)

SUMMONS Returned Executed by BRITTAN B HOLLAND, LEXINGTON NATIONAL INSURANCE CORPORATION. MARY E COLALILLO served on 6/16/2017, answer due 7/7/2017. (QUINN, JUSTIN) (Entered: 06/21/2017)

TEXT ORDER REASSIGNING CASE. Case reassigned to Judge Jerome B. Simandle for all further proceedings. Judge Renee Marie Bumb no longer assigned to case. So Ordered by Chief Judge Jose L. Linares on 6/27/2017. (mmb, ) (Entered: 06/27/2017)

NOTICE of Appearance by CHRISTOPHER JOSEPH RIGGS on behalf of MARY E COLALILLO, CHRISTOPHER PORRINO, KELLY ROSEN (RIGGS, CHRISTOPHER) (Entered: 06/27/2017)

NOTICE of Appearance by STUART MARK FEINBLATT on behalf of MARY E COLALILLO, CHRISTOPHER PORRINO, KELLY ROSEN (FEINBLATT, STUART) (Entered: 06/27/2017)

TEXT ORDER : All counsel are requested to participate in a telephone conference with the undersigned regarding Plaintiffs' Motion for Preliminary Injunction [Docket Item 3] for the purposes of setting the briefing schedule and hearing date and addressing any logistical concerns. Plaintiffs' counsel, Justin Quinn, Esq., is requested to arrange the conference call on Friday, June 30, 2017 at 11:00 A.M. So Ordered by Judge Jerome B. Simandle on 6/27/17. (mb, ) (Entered: 06/27/2017)

Letter from Justin T. Quinn, Esq. to the Honorable Jerome B. Simandle, U.S.D.J. re 12 Order,. (QUINN, JUSTIN) (Entered: 06/29/2017)

SCHEDULING ORDER: Telephone Conference set for 8/14/2017 at 1:00 PM before Judge Jerome B. Simandle. Deadlines as to 3 MOTION for Preliminary Injunction . Responses due by 7/28/2017, Replies due by 8/7/2017., Motion hearing set for 8/17/2017 at 10:00 AM in Camden - Courtroom 4A before Judge Jerome B. Simandle. Signed by Judge Jerome B. Simandle on 6/30/2017. (dmr, ) (Entered: 06/30/2017)

MOTION for Leave to Appear Pro Hac Vice by BRITTAN B HOLLAND, LEXINGTON NATIONAL INSURANCE CORPORATION. (Attachments: # 1 Statement of Justin T. Quinn, Esq. Pursuant to L. Civ. R. 7.1(d)(4), # 2 Declaration of Justin T. Quinn, Esq., # 3 Declaration of Paul D. Clement, Esq., # 4 Declaration of Christopher G. Michel, Esq., # 5 Declaration of Andrew C. Lawrence, Esq., # 6 Text of Proposed Order, # 7 Certificate of Service)(QUINN, JUSTIN) (Entered: 07/21/2017)

1 Statement of Justin T. Quinn, Esq. Pursuant to L. Civ. R. 7.1(d)(4)

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2 Declaration of Justin T. Quinn, Esq.

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3 Declaration of Paul D. Clement, Esq.

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4 Declaration of Christopher G. Michel, Esq.

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5 Declaration of Andrew C. Lawrence, Esq.

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6 Text of Proposed Order

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7 Certificate of Service

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Letter from Defendants requesting permission to file an overlength brief. (FEINBLATT, STUART) (Entered: 07/25/2017)

TEXT ORDER : The Court is in receipt of Defendants' July 25, 2017 letter [Docket Item 16] requesting permission to file a brief of 50 pages, rather than the 40 pages allowed under L. Civ. R. 7.2(b). The Court grants the request, for good cause shown. So Ordered by Judge Jerome B. Simandle on 7/27/17. (mb, ) (Entered: 07/27/2017)

First MOTION for Leave to Appear Amicus Curiae by AMERICAN CIVIL LIBERTIES UNION, ET AL.. (Attachments: # 1 Certification Certification of Alexander Shalom, # 2 Brief, # 3 Text of Proposed Order, # 4 Certificate of Service)(SHALOM, ALEXANDER) (Entered: 07/28/2017)

1 Certification Certification of Alexander Shalom

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2 Brief

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3 Text of Proposed Order

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4 Certificate of Service

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First MOTION for Leave to Appear Pro Hac Vice by AMERICAN CIVIL LIBERTIES UNION, ET AL.. (Attachments: # 1 Certification Certification of Brandon J. Buskey, # 2 Certification Certification of Alexander Shalom, # 3 Text of Proposed Order)(SHALOM, ALEXANDER) (Entered: 07/28/2017)

1 Certification Certification of Brandon J. Buskey

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2 Certification Certification of Alexander Shalom

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3 Text of Proposed Order

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Second MOTION for Leave to Appear Pro Hac Vice by AMERICAN CIVIL LIBERTIES UNION, ET AL.. (Attachments: # 1 Certification Certification of Andrea Woods, # 2 Certification Certification of Alexander Shalom, # 3 Text of Proposed Order)(SHALOM, ALEXANDER) (Entered: 07/28/2017)

1 Certification Certification of Andrea Woods

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2 Certification Certification of Alexander Shalom

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3 Text of Proposed Order

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CERTIFICATION in Support filed by AMERICAN CIVIL LIBERTIES UNION, ET AL. re 19 First MOTION for Leave to Appear Pro Hac Vice (SHALOM, ALEXANDER) (Entered: 07/28/2017)

CERTIFICATION in Support filed by AMERICAN CIVIL LIBERTIES UNION, ET AL. re 20 Second MOTION for Leave to Appear Pro Hac Vice (SHALOM, ALEXANDER) (Entered: 07/28/2017)

BRIEF in Opposition filed by MARY E COLALILLO, CHRISTOPHER PORRINO, KELLY ROSEN re 3 MOTION for Preliminary Injunction (Attachments: # 1 Declaration Leo Feldman, # 2 Declaration Michelle Smith, # 3 Certificate of Service)(FEINBLATT, STUART) (Entered: 07/28/2017)

1 Declaration Leo Feldman

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2 Declaration Michelle Smith

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3 Certificate of Service

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MOTION to Dismiss in lieu of Answer by MARY E COLALILLO, CHRISTOPHER PORRINO, KELLY ROSEN. Responses due by 8/7/2017 (Attachments: # 1 Brief, # 2 Text of Proposed Order, # 3 Certificate of Service)(FEINBLATT, STUART) (Entered: 07/28/2017)

1 Brief

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2 Text of Proposed Order

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3 Certificate of Service

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Letter from Justin T. Quinn, Esq. to the Honorable Jerome B. Simandle, U.S.D.J. (QUINN, JUSTIN) (Entered: 08/02/2017)

Letter from Defendants re 18 First MOTION for Leave to Appear Amicus Curiae . (FEINBLATT, STUART) (Entered: 08/02/2017)

ORDER granting letter request for permission to file a 20 page reply brief in support of Plaintiff's motion for preliminary injunction. Signed by Judge Jerome B. Simandle on 8/2/2017. (dmr) (Entered: 08/03/2017)

Letter from Justin T. Quinn, Esq. to the Honorable Jerome B. Simandle, U.S.D.J.. (Attachments: # 1 Stipulation & Consent Order)(QUINN, JUSTIN) (Entered: 08/07/2017)

1 Stipulation & Consent Order

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REPLY BRIEF to Opposition to Motion filed by BRITTAN B HOLLAND, LEXINGTON NATIONAL INSURANCE CORPORATION re 3 MOTION for Preliminary Injunction (WILLIAMS, MICHAEL) (Entered: 08/07/2017)

Letter from Counsel for Amici Curiae. (SHALOM, ALEXANDER) (Entered: 08/07/2017)

ORDER granting 18 Motion to Appear Amicus Curiae. Signed by Judge Jerome B. Simandle on 8/8/2017. (dmr) (Entered: 08/08/2017)

STIPULATION AND CONSENT ORDER re briefing schedule as to 24 MOTION to Dismiss. Responses due by 9/15/2017, Replies due by 10/4/2017. Signed by Judge Jerome B. Simandle on 8/8/2017. (dmr) (Entered: 08/09/2017)

ORDER granting 19 Motion for Leave to Appear Pro Hac Vice as to Brandon J. Buskey,. Signed by Judge Jerome B. Simandle on 8/9/2017. (dmr) (Entered: 08/09/2017)

ORDER granting 20 Motion for Leave to Appear Pro Hac Vice as to Andrea Woods. Signed by Judge Jerome B. Simandle on 8/9/2017. (dmr) (Entered: 08/09/2017)

TEXT ORDER : The Court adjourns the Thursday, August 17, 2017 preliminary injunction hearing until Tuesday, August 22, 2017 at 3:00 PM or Wednesday, August 23, 2017 at 2:00 PM. The Court will still hold the telephone conference scheduled for Monday, August 14, 2017 at 2:00 PM, and the parties should be prepared to discuss the new hearing date at that time. So Ordered by Judge Jerome B. Simandle on 8/10/17. (mb, ) (Entered: 08/10/2017)

ORDER granting 15 Motion for Leave to Appear Pro Hac Vice as to Paul D. Clement, Christopher G. Michel, and Andrew C. Lawrence. Signed by Magistrate Judge Karen M. Williams on 8/10/2017. (dmr) (Entered: 08/10/2017)

TEXT ORDER : The Court will now hold the preliminary injunction hearing on Tuesday, August 22, 2017 at 3:00 PM in Courtroom 4A. So Ordered by Judge Jerome B. Simandle on 8.14.17. (mb, ) (Entered: 08/14/2017)

Minute Entry for proceedings held before Judge Jerome B. Simandle: Telephone Conference held on 8/14/2017. Preliminary Injunction hearing set for August 22, 2017 at 3:00 pm. (tf, ) (Entered: 08/15/2017)

Notice of Request by Pro Hac Vice Paul D. Clement, Esq. to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-8035318.) (QUINN, JUSTIN) (Entered: 08/18/2017)

Notice of Request by Pro Hac Vice Christopher G. Michel, Esq. to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-8035342.) (QUINN, JUSTIN) (Entered: 08/18/2017)

Notice of Request by Pro Hac Vice Andrew C. Lawrence, Esq. to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-8035366.) (QUINN, JUSTIN) (Entered: 08/18/2017)

Minute Entry for proceedings held before Judge Jerome B. Simandle: Preliminary Injunction Hearing held on 8/22/2017 re 3 MOTION for Preliminary Injunction filed by Brittan Holland and Lexington National Insurance. Ordered Decision Reserved. (Court Reporter/Recorder Lisa Marcus.) (dmr) (Entered: 08/23/2017)

LETTER addressed to Counsel re; PSA score and NCVA flag. Signed by Judge Jerome B. Simandle on 8/23/2017. (dmr) (Entered: 08/24/2017)

NOTICE by AMERICAN CIVIL LIBERTIES UNION, ET AL. Request to Receive Electronic Notification (SHALOM, ALEXANDER) (Entered: 08/31/2017)

NOTICE by AMERICAN CIVIL LIBERTIES UNION, ET AL. Request to Receive Electronic Notification (SHALOM, ALEXANDER) (Entered: 08/31/2017)

Pro Hac Vice counsel, ANDREA WOODS and BRANDON BUSKEY, have been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (dmr) (Entered: 08/31/2017)

CLERK'S QUALITY CONTROL MESSAGE - The Notices of Request for Pro Hac Vice Counsel to Receive Electronic Notifications filed by Alexander Shalom on 8/31/2017 were submitted incorrectly using the wrong Notice event. For future reference, the correct event to use is "Notice of Pro Hac Vice to Receive NEF" found under Notice. This submission will remain on the docket unless otherwise ordered by the court. This message is for informational purposes only. (dmr) (Entered: 08/31/2017)

TEXT ORDER : The Court previously set a briefing schedule [Docket Item 32] pertaining to Defendants' Motion to Dismiss [Docket Item 24]. The Court hereby modifies the briefing schedule as follows: Plaintiffs shall file their opposition to Defendants' motion to dismiss on or before the date seven (7) days after the filing date of the Court's forthcoming Opinion and Order regarding Plaintiffs' Motion for Preliminary Injunction [Docket Item 3]. Defendants shall file their respective reply within twenty (20) days of the filing of Plaintiffs' Opposition.. So Ordered by Judge Jerome B. Simandle on 9/5/17. (mb, ) (Entered: 09/05/2017)

Letter from State Defendants advising of District of New Mexico opinion. (Attachments: # 1 Exhibit)(FEINBLATT, STUART) (Entered: 09/08/2017)

NOTICE by All Plaintiffs OF WITHDRAWAL OF PRO HAC VICE COUNSEL (CHRISTOPHER G. MICHEL, ESQ.) (QUINN, JUSTIN) (Entered: 09/11/2017)

Consent MOTION for Leave to Appear Pro Hac Vice by BRITTAN B HOLLAND, LEXINGTON NATIONAL INSURANCE CORPORATION. (Attachments: # 1 Statement of Justin T. Quinn, # 2 Declaration of Justin T. Quinn, # 3 Declaration of Edmund G. LaCour Jr., # 4 Text of Proposed Order)(QUINN, JUSTIN) (Entered: 09/11/2017)

Transcript of Proceedings held on 8/22/17, before Judge Simandle. Court Reporter/Transcriber Lisa Marcus (856-968-4986). NOTICE REGARDING (1) REDACTION OF PERSONAL IDENTIFIERS IN TRANSCRIPTS AND (2) MOTION TO REDACT AND SEAL: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript to comply with Fed.R.Civ.P.5.2(a) (personal identifiers). Parties seeking to redact and seal this Transcript, or portions thereof, pursuant to L.Civ.R. 5.3(g) must e-file a Motion to Redact and Seal utilizing the event `Redact and Seal Transcript/Digital Recording`. Redaction Request to Court Reporter/Transcription Agency due, but not filed, by 10/2/2017. Redacted Transcript Deadline set for 10/12/2017. Release of Transcript Restriction set for 12/11/2017. (dd, ) (Entered: 09/12/2017)

Set/Reset Deadlines as to 49 Consent MOTION for Leave to Appear Pro Hac Vice . Motion set for 10/16/2017 before Magistrate Judge Karen M. Williams. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (dmr) (Entered: 09/12/2017)

Letter from Justin T. Quinn, Esq. to the Honorable Jerome B. Simandle, U.S.D.J. requesting leave to file sur-reply. re 47 Letter. (QUINN, JUSTIN) (Entered: 09/12/2017)

Letter from Defendants in response to Plaintiffs' September 12, 2017 letter re 51 Letter. (FEINBLATT, STUART) (Entered: 09/13/2017)

ORDER granting 49 Motion for Leave to Appear Pro Hac Vice as to Edmund G. LaCour, Jr. Signed by Magistrate Judge Karen M. Williams on 9/13/2017. (dmr) (Entered: 09/13/2017)

ORDER granting Plaintiff's letter request for leave to submit a sur-reply of no more than 2 pages regarding each holding of Colins, etc. Signed by Judge Jerome B. Simandle on 9/13/2017. (dmr) (Entered: 09/13/2017)

Notice of Request by Pro Hac Vice Edmund G. LaCour Jr., Esq. to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-8087392.) (QUINN, JUSTIN) (Entered: 09/13/2017)

Pro Hac Vice counsel, EDMUND G. LACOUR, JR, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (dmr) (Entered: 09/14/2017)

ORDER granting letter request to file a bruef in response to Plaintiff's sur reply. Signed by Judge Jerome B. Simandle on 9/13/2017. (dmr) (Entered: 09/14/2017)

Letter from Defendants in response to Plaintiffs' sur-reply dated September 14, 2017 re 57 Letter. (FEINBLATT, STUART) (Entered: 09/18/2017)

ORDER denying Plaintiffs' 3 Motion for Preliminary Injunction. Signed by Judge Jerome B. Simandle on 9/21/2017. (dmr) (Entered: 09/21/2017)

NOTICE OF APPEAL as to 59 Opinion, 60 Order on Motion for Preliminary Injunction by BRITTAN B HOLLAND, LEXINGTON NATIONAL INSURANCE CORPORATION. Filing fee $ 505, receipt number 0312-8112551. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (QUINN, JUSTIN) (Entered: 09/25/2017)

Transcript of Proceedings held on 8/22/2017, before Judge JEROME B. SIMANDLE. Court Reporter/Transcriber Lisa Marcus (856-968-4986). NOTICE REGARDING (1) REDACTION OF PERSONAL IDENTIFIERS IN TRANSCRIPTS AND (2) MOTION TO REDACT AND SEAL: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript to comply with Fed.R.Civ.P.5.2(a) (personal identifiers). Parties seeking to redact and seal this Transcript, or portions thereof, pursuant to L.Civ.R. 5.3(g) must e-file a Motion to Redact and Seal utilizing the event `Redact and Seal Transcript/Digital Recording`. Redaction Request to Court Reporter/Transcription Agency due, but not filed, by 10/16/2017. Redacted Transcript Deadline set for 10/26/2017. Release of Transcript Restriction set for 12/26/2017. (tf, ) (Entered: 09/26/2017)

Letter from Justin T. Quinn, Esq. to the Honorable Jerome B. Simandle, U.S.D.J. requesting stay of proceedings re 61 Notice of Appeal (USCA),. (QUINN, JUSTIN) (Entered: 09/26/2017)

ORDER directing Defendants to submit a letter-brief in response to Plaintiffs' application for stay pending appeal before the close of business on 9/28/2017, etc. Signed by Judge Jerome B. Simandle on 9/26/2017. (dmr) (Entered: 09/26/2017)

USCA Case Number 17-3104 for 61 Notice of Appeal (USCA), filed by LEXINGTON NATIONAL INSURANCE CORPORATION, BRITTAN B HOLLAND. USCA Case Manager Carmella (Document Restricted - Court Only)(ca3cw,) (Entered: 09/27/2017)

TRANSCRIPT REQUEST by BRITTAN B HOLLAND, LEXINGTON NATIONAL INSURANCE CORPORATION for proceedings held on 08/22/2017 before Judge Jerome B. Simandle.. (WILLIAMS, MICHAEL) (Entered: 09/28/2017)

Letter from Defendants in response to Plaintiffs' application for a stay re 64 Order, 62 Letter. (FEINBLATT, STUART) (Entered: 09/28/2017)

ORDER For Temporary Stay Pending Appeal; ORDERED that Defendants' motion to dismiss 24 is ADMINISTRATIVELY TERMINATED, etc. Signed by Judge Jerome B. Simandle on 9/29/2017. (dmr) (Entered: 09/29/2017)

Pursuant to Local Rule 79.4, notice is hereby given of the Appellate ruling filed on 7/9/2018. In the event that the mandate or judgment provides for costs or directs a disposition other than an affirmance, the prevailing party shall prepare and submit an order implementing the mandate or judgment. (js) (Entered: 07/09/2018)

NOTICE of Voluntary Dismissal by BRITTAN B HOLLAND, LEXINGTON NATIONAL INSURANCE CORPORATION (QUINN, JUSTIN) (Entered: 10/31/2018)

***Civil Case Terminated. (rss, ) (Entered: 10/31/2018)

OPINION. Signed by Judge Jerome B. Simandle on 9/21/2017. (dmr)

USCA Judgment (Use if Mandate will follow)

Letter

1 Exhibit

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2 Exhibit

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Letter

USCA Mandate (Terminates Appeal)

1 Clerk's Letter to District Court

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2 Opinion

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Order