Case: Western States Center v. Department of Homeland Security

Western States Center v. United States Department of Homeland Security

Western States Center, Inc. v. United States Department of Homeland Security

Western States Center, Inc. v. United States Department of Homeland Security

Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: AORDC-7011263 Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Jury Trial Requested: No. Filed by Sara D Eddie, First Unitarian Church of Portland, Oregon, Janelle S Bynum, Western States Center, Inc., Karin A Power against All Defendants (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons to DHS, # 3 Proposed Summons to CBP, # 4 Proposed Summons to FPS, # 5 Proposed Summons US Marshals). (Davidson, Clifford) (Entered: 07/21/2020)

1 Civil Cover Sheet

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2 Proposed Summons to DHS

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3 Proposed Summons to CBP

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4 Proposed Summons to FPS

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5 Proposed Summons US Marshals

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Notice of Case Assignment to Magistrate Judge Jolie A. Russo and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 11/19/2020. Joint Alternate Dispute Resolution Report is due by 12/21/2020. Pretrial Order is due by 12/21/2020. Ordered by Magistrate Judge Jolie A. Russo. (rs) (Entered: 07/22/2020)

Summons Issued Electronically as to United States Department of Homeland Security. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (rs) (Entered: 07/22/2020)

Summons Issued Electronically as to United States Customs and Border Protection. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (rs) (Entered: 07/22/2020)

Summons Issued Electronically as to Federal Protective Service. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (rs) (Entered: 07/22/2020)

Summons Issued Electronically as to United States Marshals Service. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (rs) (Entered: 07/22/2020)

Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Andrew M. Jacobs. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7029447. Filed by All Plaintiffs. (Attachments: # 1 Exhibit A - Court Admissions) (Jacobs, Andrew) (Entered: 07/24/2020)

1 Exhibit A - Court Admissions

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Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Andrew M. Jacobs. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7029447 7 : Reviewed and Ready for Ruling. (ecp)

ORDER issued by Magistrate Judge Jolie A. Russo: Granting Plaintiffs' Application/Motion for Leave to Appear Pro Hac Vice 7 as to Attorney Andrew M. Jacobs. (gm) (Entered: 07/24/2020)

Leave to Appear Pro Hac Vice

Affidavit of Service of Summons Issued, 4 upon United States Customs and Border Protection served on 7/23/2020 Filed by All Plaintiffs. (Davidson, Clifford) (Entered: 07/27/2020)

Affidavit of Service of Summons Issued, 3 upon United States Department of Homeland Security served on 7/23/2020 Filed by All Plaintiffs. (Davidson, Clifford) (Entered: 07/27/2020)

Affidavit of Service of Summons Issued 5 upon Federal Protective Service served on 7/23/2020 Filed by All Plaintiffs. (Davidson, Clifford) (Entered: 07/27/2020)

Affidavit of Service of Summons Issued 6 upon United States Marshals Service served on 7/23/2020 Filed by All Plaintiffs. (Davidson, Clifford) (Entered: 07/27/2020)

Affidavit of Service of Summons Issued 6, Summons Issued, 3, Summons Issued, 4, Summons Issued 5 upon All Defendants via certified mail pursuant to FRCP 4(i)(1) and (2) Filed by All Plaintiffs. (Davidson, Clifford) (Entered: 07/27/2020)

First Amended Complaint . Filed by Sara D Eddie, First Unitarian Church of Portland, Oregon, Janelle S Bynum, Western States Center, Inc., Karin A Power against All Defendants. (Davidson, Clifford) (Entered: 07/27/2020)

Certificate of Service by All Plaintiffs of Amended Complaint 14 Filed by All Plaintiffs. (Davidson, Clifford) (Entered: 07/28/2020)

Motion for Preliminary Injunction, Motion for Temporary Restraining Order . Oral Argument requested.Expedited Hearing requested. Filed by All Plaintiffs. (Davidson, Clifford) (Entered: 07/29/2020)

Declaration of Clifford S. Davidson . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction, Motion for Temporary Restraining Order 16 .) (Davidson, Clifford) (Entered: 07/29/2020)

Declaration of Dana Buhl . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction, Motion for Temporary Restraining Order 16 .) (Davidson, Clifford) (Entered: 07/29/2020)

Declaration of Representative Janelle Bynum . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction, Motion for Temporary Restraining Order 16 .) (Davidson, Clifford) (Entered: 07/29/2020)

Declaration of Representative Karin Power . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction, Motion for Temporary Restraining Order 16 .) (Davidson, Clifford) (Entered: 07/29/2020)

Declaration of Samuel Hill . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction, Motion for Temporary Restraining Order 16 .) (Davidson, Clifford) (Entered: 07/29/2020)

Declaration of Mayor Ted Wheeler . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction, Motion for Temporary Restraining Order 16 .) (Davidson, Clifford) (Entered: 07/29/2020)

Declaration of Amanda Dunham . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction, Motion for Temporary Restraining Order 16 .) (Davidson, Clifford) (Entered: 07/29/2020)

Declaration of Sara D. Eddie . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction, Motion for Temporary Restraining Order 16 .) (Davidson, Clifford) (Entered: 07/29/2020)

Declaration of Ryan Malia . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction, Motion for Temporary Restraining Order 16 .) (Davidson, Clifford) (Entered: 07/29/2020)

Certificate of Service by All Plaintiffs of Motion for Preliminary Injunction Motion for Temporary Restraining Order 16 and related declarations Filed by All Plaintiffs. (Davidson, Clifford) (Entered: 07/29/2020)

Scheduling Order by Judge Michael W. Mosman. Response is due by 8/5/2020, regarding Motion for Temporary Restraining Order 16 . Ordered by Judge Michael W. Mosman. (dls) (Entered: 08/04/2020)

ORDER: GRANTING the parties' email request to WITHDRAW, without prejudice the Motion for Temporary Restraining Order and request for expedited hearing 16 . Plaintiffs will file a supplemental memorandum, and supplemental evidence, addressing mootness as it relates to the Preliminary Injunction Motion 16 by 8/10/2020. The Response is due by 8/24/2020 and the Reply is due by 9/8/2020 regarding Preliminary Injunction Motion 16 . Ordered by Judge Michael W. Mosman. (dls) (Entered: 08/04/2020)

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Supplemental Memorandum in Support of Motion for Preliminary Injunction. Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction, Motion for Temporary Restraining Order 16 .) (Davidson, Clifford) (Entered: 08/10/2020)

Second Declaration of Clifford S. Davidson and Exhibits 1 through 11. Filed by All Plaintiffs. (Related document(s): Memorandum in Support of Motion 29 .) (Davidson, Clifford) (Entered: 08/10/2020)

Declaration of Rev. Bill Sinkford . Filed by All Plaintiffs. (Related document(s): Memorandum in Support of Motion 29 .) (Davidson, Clifford) (Entered: 08/10/2020)

Declaration of Eric K. Ward . Filed by All Plaintiffs. (Related document(s): Memorandum in Support of Motion 29 .) (Davidson, Clifford) (Entered: 08/10/2020)

Second Declaration of Rep. Janelle Bynum . Filed by All Plaintiffs. (Related document(s): Memorandum in Support of Motion 29 .) (Davidson, Clifford) (Entered: 08/10/2020)

Second Declaration of Sara Eddie . Filed by All Plaintiffs. (Related document(s): Memorandum in Support of Motion 29 .) (Davidson, Clifford) (Entered: 08/10/2020)

Certificate of Service by All Plaintiffs of Memorandum in Support of Motion 29, Declaration 32, Declaration 34, Declaration 30, Declaration 31, Declaration 33 Filed by All Plaintiffs. (Davidson, Clifford) (Entered: 08/10/2020)

Notice of Appearance of Jordan Von Bokern appearing on behalf of All Defendants Filed by on behalf of All Defendants. (Von Bokern, Jordan) (Entered: 08/24/2020)

Response in Opposition to Motion for Preliminary Injunction Motion for Temporary Restraining Order 16 . Filed by All Defendants. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (Von Bokern, Jordan) (Entered: 08/24/2020)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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Reply to Motion for Preliminary Injunction Motion for Temporary Restraining Order 16 Oral Argument requested. Filed by All Plaintiffs. (Davidson, Clifford) (Entered: 09/08/2020)

Third Declaration of Clifford S. Davidson . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction, Motion for Temporary Restraining Order 16 .) (Davidson, Clifford) (Entered: 09/08/2020)

Notice of Appearance of Jeffrey Aaron Hall appearing on behalf of All Defendants Filed by on behalf of All Defendants. (Hall, Jeffrey) (Entered: 09/17/2020)

Unopposed Motion for Extension of Time to Answer . Filed by All Defendants. (Attachments: # 1 Proposed Order) (Hall, Jeffrey) (Entered: 09/18/2020)

1 Proposed Order

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ORDER issued by Magistrate Judge Jolie A. Russo: Granting Defendants' Unopposed Motion for Extension of Time 41 as follows: Defendants' answer will be due 14 days from the time that the Court resolves Plaintiffs' currently pending motion for a preliminary injunction or until 11/6/2020, whichever date is earlier, and without prejudice to Defendants' ability seek an additional extension, provided sufficient good cause is shown, should circumstances warrant it. In addition, Corporate Plaintiffs are reminded to file their Corporate Disclosure Statements, which were due in this matter on 8/4/2020. (gm) (Entered: 09/18/2020)

Order on Motion for Extension of Time to Answer a Complaint/Petition

Corporate Disclosure Statement . Filed by First Unitarian Church of Portland, Oregon. (Davidson, Clifford) (Entered: 09/21/2020)

Corporate Disclosure Statement . Filed by Western States Center, Inc.. (Davidson, Clifford) (Entered: 09/21/2020)

Notice re Reply to Motion 38, Motion for Preliminary Injunction, Motion for Temporary Restraining Order 16 (Notice of Supplemental Authority) Filed by All Plaintiffs. (Related document(s): Reply to Motion 38, Motion for Preliminary Injunction, Motion for Temporary Restraining Order 16 .) (Davidson, Clifford) (Entered: 10/12/2020)

Scheduling Order by Judge Michael W. Mosman regarding Motion for Preliminary Injunction Motion for Temporary Restraining Order 16 . Oral Argument is set for 10/22/2020 at 02:00P-3:00PM in Portland Courtroom 16/Videoconference before Judge Michael W. Mosman. Ordered by Judge Michael W. Mosman. (kms) (Entered: 10/19/2020)

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Notice re Reply to Motion 38, Motion for Preliminary Injunction, Motion for Temporary Restraining Order 16 (Supplemental Authority) Filed by All Plaintiffs. (Related document(s): Reply to Motion 38, Motion for Preliminary Injunction, Motion for Temporary Restraining Order 16 .) (Attachments: # 1 Attachment Index Newspapers LLC opinion) (Davidson, Clifford) (Entered: 10/22/2020)

1 Attachment Index Newspapers LLC opinion

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MINUTES of Proceedings: Oral Argument held before Judge Michael W. Mosman. A second hearing on Plaintiffs Motion for Preliminary Injunction 16 is set for 10/30/2020 at 09:00AM in Portland by videoconference before Judge Michael W. Mosman. Clifford Davidson, Andrew Jacobs present as counsel for plaintiff(s). Jeffrey Hall present as counsel for defendant(s). Court Reporter: Bonita Shumway. Judge Michael W. Mosman presiding. (kms) (Entered: 10/23/2020)

Motion Hearing Held

MINUTES of Proceedings: Oral Argument held before Judge Michael W. Mosman. Plaintiffs Motion for Preliminary Injunction 16 is DENIED with respect to the Tenth Amendment Claim and GRANTED with respect to the 1st Amendment Claims. The Parties shall send the Court proposed orders on injunctive relief. Clifford Davidson, Andrew Jacobs present as counsel for plaintiff(s). Jeffrey Hall present as counsel for defendant(s).(Court Reporter Bonita Shumway.)Judge Michael W. Mosman presiding. (kms) (Entered: 10/30/2020)

Motion Hearing Held AND Order on Motion for Preliminary Injunction

ORDER FOR PRELIMINARY INJUNCTION. (See attachment) Signed on 11/2/2020 by Judge Michael W. Mosman. (kms) (Entered: 11/02/2020)

Scheduling Order by Judge Michael W. Mosman. Status Conference is set for 11/9/2020 at 04:00PM-5:00PM in Portland by videoconference before Judge Michael W. Mosman. Ordered by Judge Michael W. Mosman. (kms) (Entered: 11/03/2020)

Notice of Appeal to the 9th Circuit from Permanent Injunction 50 (fee exempt status selected (AUSA)) . Filed by Federal Protective Service, United States Customs and Border Protection, United States Department of Homeland Security, United States Marshals Service. (Hall, Jeffrey) (Entered: 11/03/2020)

Motion for Stay Pending Appeal and Administrative Stay. Filed by Federal Protective Service, United States Customs and Border Protection, United States Department of Homeland Security, United States Marshals Service. (Attachments: # 1 Attachment Declaration of Gabriel Russell) (Hall, Jeffrey) (Entered: 11/03/2020)

1 Attachment Declaration of Gabriel Russell

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Declaration of Brian S. Acuna . Filed by Federal Protective Service, United States Customs and Border Protection, United States Department of Homeland Security, United States Marshals Service. (Hall, Jeffrey) (Entered: 11/03/2020)

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USCA Case Number and Notice confirming Docketing Record on Appeal re Notice of Appeal, 52 . Case Appealed to Ninth Circuit Case Number 20-35949 assigned. (ecp)

Unopposed Motion for Leave To File Document Under Seal. Filed by Federal Protective Service, United States Customs and Border Protection, United States Department of Homeland Security, United States Marshals Service. (Attachments: # 1 Exhibit CBP NZ-1 Declaration, # 2 Exhibit Misher Declaration, # 3 Proposed Order) (Hall, Jeffrey) (Entered: 11/04/2020)

1 Exhibit CBP NZ-1 Declaration

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2 Exhibit Misher Declaration

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3 Proposed Order

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ORDER issued by Magistrate Judge Jolie A. Russo: Granting Defendants' Unopposed Motion to File an Unredacted Declaration in Support of Defendants' Motion To Stay the Preliminary Injunction Pending Appeal ( 53 ) Under Seal 55 . (gm) (Entered: 11/04/2020)

Exhibit 1 in Support of Motion for Stay Pending Appeal and Administrative Stay (# 53 ). (DOCUMENT FILED UNDER SEAL). Filed by All Defendants. (eo) (Entered: 11/04/2020)

USCA Case Number

Order on Motion for Leave

ORDER issued by Magistrate Judge Jolie A. Russo: Plaintiffs' Notices of Lodging of October 22, 2020 Hearing Transcript 58 & 59 filed on 11/5/2020 will be sealed as the official court transcript has not been filed in accordance with the policy of this court. (See policy at https://ord.uscourts.gov/index.php/filing-and-forms/transcript-information.) (gm) (Entered: 11/05/2020)

OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Preliminary Injunction Hearing (By Videoconference) held on 10/22/20 before Judge Michael W. Mosman, Court Reporter Bonita J. Shumway, telephone number (503)326-8188 or bonita_shumway@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter or PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 11/12/2020. Redaction Request due 11/30/2020. Redacted Transcript Deadline set for 12/7/2020. Release of Transcript Restriction set for 2/3/2021. (Shumway, Bonita) (Entered: 11/05/2020)

OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on 10/30/2020 before Judge Michael W. Mosman, Court Reporter Bonita J. Shumway, telephone number (503)326-8188 or bonita_shumway@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter or PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 11/12/2020. Redaction Request due 11/30/2020. Redacted Transcript Deadline set for 12/7/2020. Release of Transcript Restriction set for 2/3/2021. (Shumway, Bonita) (Entered: 11/05/2020)

Response in Opposition to Motion for Stay Pending Appeal and Administrative Stay 53 . Filed by Janelle S Bynum, Sara D Eddie, First Unitarian Church of Portland, Oregon, Karin A Power, Western States Center, Inc.. (Jacobs, Andrew) (Entered: 11/05/2020)

Notice

Notice

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Reply to Motion for Stay Pending Appeal and Administrative Stay 53 . Filed by Federal Protective Service, United States Customs and Border Protection, United States Department of Homeland Security, United States Marshals Service. (Hall, Jeffrey) (Entered: 11/06/2020)

Order from USCA for the 9th Circuit, USCA # 20-35949 re Notice of Appeal, 52 . The emergency motion for a stay pending appeal (Docket Entry No. 7 ) is denied without prejudice to renewal following the district court's decision on the motion for stay pending appeal pending before it, or on November 11, 2020, whichever is first. The motion for an immediate administrative stay is denied. (ecp) (Entered: 11/06/2020)

Stipulated Motion for Extension of Time to Answer Amended Complaint 14 . Filed by United States Department of Homeland Security, United States Customs and Border Protection, United States Marshals Service, Federal Protective Service. (Hall, Jeffrey) (Entered: 11/06/2020)

ORDER issued by Magistrate Judge Jolie A. Russo: Granting the parties' Stipulated Motion for Extension of Time to Answer 66 as follows: Answer deadline reset to 12/4/2020 for all defendants. The Parties will also confer pursuant to Federal Rule of Civil Procedure 26(f) and Local Rule 26-1 no later than 12/4/2020. (gm) (Entered: 11/09/2020)

Supplemental Declaration of Clifford S. Davidson . Filed by All Plaintiffs. (Related document(s): Permanent Injunction 50 .) (Attachments: # 1 Exhibit 1) (Davidson, Clifford) (Entered: 11/09/2020)

1 Exhibit 1

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MINUTES of Proceedings: Status Conference held before Judge Michael W. Mosman. The Order for Preliminary Injunction 50 is VACATED. Defendants' Motion for Stay 53 is DENIED as moot. Clifford S. Davidson and Andrew M. Jacobs present as counsel for plaintiff(s). Jeffrey Aaron Hall and Jason Ferrell for the United States Marshals Service present as counsel for defendant(s). Court Reporter: Bonita Shumway. Judge Michael W. Mosman presiding. (dls) (Entered: 11/09/2020)

Order on Motion for Extension of Time to Answer a Complaint/Petition

Order from USCA for the 9th Circuit, USCA # 20-35949 re Notice of Appeal 52 . The motion filed by the government on November 16, 2020 for voluntary dismissal of this appeal is granted. This appeal is dismissed. See Fed. R. App. P. 42(b); 9th Cir. R. 27-9.1. This order shall constitute the mandate. (jtj) (Entered: 11/19/2020)

Notice of Appearance of Kelly H. Dove appearing on behalf of All Plaintiffs Filed by on behalf of All Plaintiffs. (Dove, Kelly) (Entered: 12/01/2020)

Motion to Dismiss for Lack of Jurisdiction, Motion to Dismiss for Failure to State a Claim . Filed by United States Department of Homeland Security, United States Customs and Border Protection, United States Marshals Service, Federal Protective Service. (Hall, Jeffrey) (Entered: 12/04/2020)

Motion for Stay of Discovery. Filed by Federal Protective Service, United States Customs and Border Protection, United States Department of Homeland Security, United States Marshals Service. (Hall, Jeffrey) (Entered: 12/04/2020)

ORDER issued by Magistrate Judge Jolie A. Russo: Setting Defendants' Rule 12 Motion to Dismiss 72 and Defendants' Motion to Stay Discovery 73 on the under advisement calendar of 1/4/2021. (gm) (Entered: 12/07/2020)

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ORDER issued by Magistrate Judge Jolie A. Russo: Setting a Telephonic Rule 16 Conference for 12/14/2020 at 2:00PM in Portland Chambers before Magistrate Judge Jolie A. Russo. Local Rules 16-2(b) and 26-1 require that counsel confer prior to the conference. At the conference, counsel should be prepared to discuss the status of the case, relevant dates and deadlines, and any other significant issues. If consents are going to be filed, it is helpful if they are filed prior to the time of the conference, particularly if a firm trial date is desired. (gm) (Entered: 12/09/2020)

Notice of Appearance of Jason C. Lynch appearing on behalf of All Defendants Filed by on behalf of All Defendants. (Lynch, Jason) (Entered: 12/09/2020)

Individual Party Consent to Jurisdiction by U.S. Magistrate Judge. (Entered: 12/09/2020)

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Notice of Appearance of Michael Patrick Clendenen appearing on behalf of All Defendants Filed by on behalf of All Defendants. (Clendenen, Michael) (Entered: 12/10/2020)

MINUTES OF PROCEEDINGS before Magistrate Judge Jolie A. Russo: Telephonic Rule 16 Conference held 12/14/20. Order: The parties shall confer and submit a proposed case management schedule by 12/21/2020 for the court's consideration. Clifford Davidson present as counsel for plaintiff(s). Jason Lynch; Jeffrey Hall; Michael Clendenen present as counsel for defendant(s). Court Reporter: (None). (gm) (Entered: 12/14/2020)

Scheduling Conference

Response in Opposition to Motion for Stay of Discovery 73 . Filed by All Plaintiffs. (Davidson, Clifford) (Entered: 12/18/2020)

Response in Opposition to Motion to Dismiss for Lack of Jurisdiction Motion to Dismiss for Failure to State a Claim 72 . Filed by All Plaintiffs. (Davidson, Clifford) (Entered: 12/18/2020)

Notice in Response to the Court's Questions at the December 14, 2020, Rule 16 Conference Filed by All Defendants. (Lynch, Jason) (Entered: 12/22/2020)

ORDER issued by Magistrate Judge Jolie A. Russo: Based on Defendant's Notice 82, the discovery deadline is extended as follows: Discovery to be completed by 11/30/2021. All other case management deadlines will be discussed following final ruling on the pending motions to dismiss and to stay discovery. (gm) (Entered: 12/22/2020)

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