Case: Pettibone v. Trump

ACLU Oregon

Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: AORDC-7159324 Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Jury Trial Requested: Yes. Filed by Andre Miller, Mark Pettibone, Fabiym Acuay, Rose City Justice, Inc., Duston Obermeyer, Maureen Healy, Nichol Denison, Black Millenial Movement, James McNulty, Christopher David against All Defendants (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons). (Ramfjord, Per) (Entered: 08/26/2020)

1 Civil Cover Sheet

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2 Proposed Summons

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Notice of Case Assignment to Magistrate Judge Youlee Yim You 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 12/24/2020. Joint Alternate Dispute Resolution Report is due by 1/25/2021. Ordered by Magistrate Judge Youlee Yim You. (sb) (Entered: 08/26/2020)

Summons Issued Electronically as to Gabriel Russell, Donald J. Trump, United States Department of Homeland Security, United States Marshals Service, Chad F. Wolf. 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. (sb) (Entered: 08/26/2020)

Corporate Disclosure Statement of Plaintiff Black Millennial Movement. Filed by Black Millenial Movement. (Edwards, Amy) (Entered: 09/15/2020)

Corporate Disclosure Statement of Plaintiff Rose City Justice, Inc.. Filed by Rose City Justice, Inc.. (Edwards, Amy) (Entered: 09/15/2020)

Notice of Appearance of Michael Patrick Clendenen appearing on behalf of Gabriel Russell, Donald J. Trump, United States Department of Homeland Security, United States Marshals Service, Chad F. Wolf Filed by on behalf of Gabriel Russell, Donald J. Trump, United States Department of Homeland Security, United States Marshals Service, Chad F. Wolf. (Clendenen, Michael) (Entered: 10/19/2020)

Unopposed Motion for Extension of Time to Answer Complaint. Filed by Gabriel Russell, United States Marshals Service, Donald J. Trump, United States Department of Homeland Security, Chad F. Wolf. (Attachments: # 1 Attachment Proposed Order) (Clendenen, Michael) (Entered: 10/26/2020)

Amended Motion for Extension of Time to Answer Complaint (Unopposed). Filed by Gabriel Russell, United States Marshals Service, Donald J. Trump, United States Department of Homeland Security, Chad F. Wolf. (Attachments: # 1 Attachment Proposed Order) (Clendenen, Michael) (Entered: 10/26/2020)

ORDER: (Amended motion 8 is granted; motion 7 is moot). Signed on 10/26/2020 by Magistrate Judge Youlee Yim You. (pvh) (Entered: 10/26/2020)

Acceptance/Acknowledgement of Service of Summons Issued, 3 on Donald J. Trump served on 11/9/2020 Filed by All Plaintiffs. (Sacks, Jeremy) (Entered: 11/13/2020)

Acceptance/Acknowledgement of Service of Summons Issued, 3 on Chad F. Wolf served on 11/9/2020 in his individual and official capacity Filed by All Plaintiffs. (Sacks, Jeremy) (Entered: 11/13/2020)

Acceptance/Acknowledgement of Service of Summons Issued, 3 on Gabriel Russell served on 11/9/2020 in his individual and official capacity Filed by All Plaintiffs. (Sacks, Jeremy) (Entered: 11/13/2020)

Acceptance/Acknowledgement of Service of Summons Issued, 3 on United States Department of Homeland Security served on 11/9/2020 Filed by All Plaintiffs. (Sacks, Jeremy) (Entered: 11/13/2020)

Acceptance/Acknowledgement of Service of Summons Issued, 3 on United States Marshals Service served on 11/9/2020 Filed by All Plaintiffs. (Sacks, Jeremy) (Entered: 11/13/2020)

Notice of Appearance of Glenn Greene appearing on behalf of Gabriel Russell, Chad F. Wolf, both in their individual capacities Filed by on behalf of Gabriel Russell, Chad F. Wolf. (Greene, Glenn) (Entered: 11/30/2020)

Notice of Appearance of David G. Cutler appearing on behalf of Gabriel Russell, Chad F. Wolf, both in their individual capacities Filed by on behalf of Gabriel Russell, Chad F. Wolf. (Cutler, David) (Entered: 12/01/2020)

Notice of Attorney Withdrawal: Andrew Ho Filed by All Plaintiffs. (Lee, Rachel) (Entered: 12/21/2020)

Amended Complaint . Filed by Andre Miller, Mark Pettibone, Fabiym Acuay, Rose City Justice, Inc., Duston Obermeyer, Maureen Healy, Nichol Denison, Black Millenial Movement, James McNulty, Christopher David against All Defendants (Attachments: # 1 Exhibits 1-11). (Ramfjord, Per) (Entered: 01/08/2021)

1 Exhibits 1-11

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Joint Motion for Extension of Time and to Set Briefing Schedule for Defendants Forthcoming Motions to Dismiss the Amended Complaint. Filed by Gabriel Russell, Chad F. Wolf. (Attachments: # 1 Proposed Order) (Cutler, David) (Entered: 01/14/2021)

ORDER. Signed on 1/14/2021 by Magistrate Judge Youlee Yim You. (pvh) (Entered: 01/14/2021)

Joint Motion for Extension of Time . Filed by Gabriel Russell, Donald J. Trump, United States Department of Homeland Security, United States Marshals Service, Chad F. Wolf. (Attachments: # 1 Proposed Order) (Clendenen, Michael) (Entered: 02/03/2021)

ORDERED: that Defendants shall have until February 26, 2021, to file their respective motions to dismiss; Plaintiffs shall have until April 2, 2021, to file their responses; and Defendants shall have until April 30, 2021 to file their reply briefs; and that the Parties shall confer in accordance with Fed. R. Civ. P. 26(f) and Local Rule 26-1 no later than March 7, 2021. Ordered by Magistrate Judge Youlee Yim You. (pvh) Modified text on 2/03/2021 (pvh). (Entered: 02/03/2021)

Order on Motion for Extension of Time

Joint Motion for Extension of Time . Filed by All Defendants. (Attachments: # 1 Proposed Order) (Clendenen, Michael) (Entered: 02/24/2021)

ORDER: Defendants shall have until March 5, 2021, to file their respective motions to dismiss; Plaintiffs shall have until April 9, 2021, to file their responses; and Defendants shall have until May 7, 2021 to file their reply briefs; and that the Parties shall confer in accordance with Fed. R. Civ. P. 26(f) and Local Rule 26-1 no later than March 7, 2021. Signed on 2/24/2021 by Magistrate Judge Youlee Yim You. (pvh) (Entered: 02/24/2021)

Motion to Dismiss for Failure to State a Claim . Oral Argument requested. Filed by Gabriel Russell, Chad F. Wolf. (Greene, Glenn) (Entered: 02/26/2021)

Motion to Dismiss . Filed by Gabriel Russell, United States Marshals Service, Donald J. Trump, United States Department of Homeland Security, Chad F. Wolf. (Attachments: # 1 Exhibit Declaration of Pete Cajigal, # 2 Exhibit Declaration of Patrick J. Zitny, # 3 Exhibit Declaration of CBP SOG-1) (Clendenen, Michael) (Entered: 03/05/2021)

Motion for Stay of Discovery. Filed by Gabriel Russell, Donald J. Trump, United States Department of Homeland Security, United States Marshals Service, Chad F. Wolf. (Clendenen, Michael) (Entered: 03/05/2021)

Unopposed Motion for Extension of Time to File a Response/Reply to Motion for Stay of Discovery 28 . Filed by All Plaintiffs. (Attachments: # 1 Proposed Order Granting Unopposed Motion for Extension of Time) (Sacks, Jeremy) (Entered: 03/15/2021)

Order on Motion for Extension of Time to File Response/Reply to Motion

Joint Rule 26(f) Report and Discovery Plan . Filed by All Plaintiffs. (Sacks, Jeremy) (Entered: 03/19/2021)

Unopposed Motion for Extension of Time to File a Response/Reply to Motion to Dismiss 26, Motion to Dismiss for Failure to State a Claim 25 . Filed by All Plaintiffs. (Sacks, Jeremy) (Entered: 04/02/2021)

Order on Motion for Extension of Time to File Response/Reply to Motion

Second Motion for Extension of Time to File a Response/Reply to Motion for Stay of Discovery 28 . Filed by All Plaintiffs. (Sacks, Jeremy) (Entered: 04/09/2021)

Order on Motion for Extension of Time to File Response/Reply to Motion

1 - Scheduling

Response in Opposition to Motion for Stay of Discovery 28 Oral Argument requested. Filed by All Plaintiffs. (Lee, Rachel) (Entered: 04/20/2021)

Motion for Extension of Time to File a Response/Reply to Motion to Dismiss 26 . Expedited Hearing requested. Filed by All Plaintiffs. (Sacks, Jeremy) (Entered: 04/20/2021)

Declaration of Jeremy D. Sacks in Support of Plaintiff's Response to Agency and Official-Capacity Defendants' Motion to Stay Discovery Pending Resolution of Their Motion to Dismiss and Plaintiff's Motion to Extend Briefing Schedule on Agency Defendants' Motion to Dismiss. Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion 39, Motion for Extension of Time to File Response/Reply to a Motion 40 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N) (Sacks, Jeremy) (Entered: 04/20/2021)

Declaration of Jeremy D. Sacks . Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion 39 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N) (Sacks, Jeremy) (Entered: 04/21/2021)

Response in Opposition to Motion for Stay of Discovery 28 Oral Argument requested. Filed by All Plaintiffs. (Attachments: # 1 Declaration of Jeremy D. Sacks) (Lee, Rachel) (Entered: 04/21/2021)

Scheduling Conference AND Order on Motion for Extension of Time to File Response/Reply to Motion

Unopposed Motion for Extension of Time re Briefing Schedule on Individual-Capacity Defendants' Motion to Dismiss 25 . Filed by All Plaintiffs. (Attachments: # 1 Proposed Order) (Lee, Rachel) (Entered: 04/22/2021)

ORDER: Granting Plaintiff's Unopposed Motion 45 to Extend Briefing Schedule on Individual-Capacity Defendants' Motion to Dismiss 25 . Signed on 4/26/2021 by Magistrate Judge Youlee Yim You. (pvh) (Entered: 04/26/2021)

Reply to Motion for Stay of Discovery 28 . Filed by Gabriel Russell, Donald J. Trump, United States Department of Homeland Security, United States Marshals Service, Chad F. Wolf. (Clendenen, Michael) (Entered: 04/27/2021)

Response in Opposition to Motion to Dismiss for Failure to State a Claim 25 Oral Argument requested. Filed by All Plaintiffs. (Sacks, Jeremy) (Entered: 04/28/2021)

Motion for Protective Order (Partial) Regarding the Use of Pseudonyms. Filed by Gabriel Russell, Donald J. Trump, United States Department of Homeland Security, United States Marshals Service, Chad F. Wolf. (Attachments: # 1 Proposed Order) (Clendenen, Michael) (Entered: 04/30/2021)

Declaration of Joseph Misher . Filed by Gabriel Russell, Donald J. Trump, United States Department of Homeland Security, United States Marshals Service, Chad F. Wolf. (Related document(s): Motion for Protective Order, 49 .) (Clendenen, Michael) (Entered: 04/30/2021)

Declaration of Richard Jolles . Filed by Gabriel Russell, Donald J. Trump, United States Department of Homeland Security, United States Marshals Service, Chad F. Wolf. (Related document(s): Motion for Protective Order, 49 .) (Clendenen, Michael) (Entered: 04/30/2021)

Declaration of Timothy Hughes . Filed by Gabriel Russell, Donald J. Trump, United States Department of Homeland Security, United States Marshals Service, Chad F. Wolf. (Related document(s): Motion for Protective Order, 49 .) (Clendenen, Michael) (Entered: 04/30/2021)

Redacted Declaration of CBP SOG-1 . Filed by Gabriel Russell, Donald J. Trump, United States Department of Homeland Security, United States Marshals Service, Chad F. Wolf. (Related document(s): Motion for Protective Order, 49 .) (Clendenen, Michael) (Entered: 04/30/2021)

Stipulated Proposed Form of Order Submitted (Protective). Filed by All Plaintiffs. (Ramfjord, Per) Modified on 5/3/2021 (pvh). (Entered: 05/03/2021)

STIPULATED PROTECTIVE ORDER. Signed on 5/03/2021 by Magistrate Judge Youlee Yim You. (pvh) (Entered: 05/03/2021)

1 - Scheduling

Notice of Supplemental Authority Filed by Gabriel Russell, Donald J. Trump, United States Department of Homeland Security, United States Marshals Service, Chad F. Wolf. (Attachments: # 1 Supplement Western States Order) (Clendenen, Michael) (Entered: 05/12/2021)

Motion to Unseal a Document . Filed by Gabriel Russell, Donald J. Trump, United States Department of Homeland Security, United States Marshals Service, Chad F. Wolf. (Attachments: # 1 Proposed Order) (Clendenen, Michael) (Entered: 05/13/2021)

1 Proposed Order

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ORDER: Granting Motion 61 to unseal Declarations (ECF 30, 56 ). Signed on 5/14/2021 by Magistrate Judge Youlee Yim You. (pvh) (Entered: 05/14/2021)

Response to Motion for Protective Order (Partial) Regarding the Use of Pseudonyms 49 . Filed by All Plaintiffs. (Lee, Rachel) (Entered: 05/14/2021)

Declaration of Rachel C. Lee . Filed by All Plaintiffs. (Related document(s): Response to Motion 63 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9) (Lee, Rachel) (Entered: 05/14/2021)

Notice of Supplemental Authority Filed by Gabriel Russell, Donald J. Trump, United States Department of Homeland Security, United States Marshals Service, Chad F. Wolf. (Attachments: # 1 Supplement Wise Order) (Clendenen, Michael) (Entered: 05/17/2021)

Motion Hearing Held AND Order on Motion for Stay

Notice of Correction Filed by Gabriel Russell, Donald J. Trump, United States Department of Homeland Security, United States Marshals Service, Chad F. Wolf. (Clendenen, Michael) (Entered: 05/24/2021)

Supplemental Declaration of Pete Cajigal . Filed by Gabriel Russell, Donald J. Trump, United States Department of Homeland Security, United States Marshals Service, Chad F. Wolf. (Clendenen, Michael) (Entered: 05/24/2021)

Notice of Supplemental Authority Filed by All Plaintiffs. (Attachments: # 1 Supplement Boule Order) (Chase, Crystal) (Entered: 05/24/2021)

Reply to Motion to Dismiss for Failure to State a Claim 25 Oral Argument requested. Filed by Gabriel Russell, Chad F. Wolf. (Greene, Glenn) (Entered: 05/26/2021)

Supplemental Declaration of Patrick J. Zitny . Filed by Joseph R. Biden, Jr, Alejandro Maryokas, Gabriel Russell, United States Department of Homeland Security, United States Marshals Service. (Clendenen, Michael) (Entered: 06/09/2021)

Notice re Motion to Dismiss for Failure to State a Claim 25, Reply to Motion 70 Notice of Supplemental Authority Filed by Gabriel Russell, Chad F. Wolf. (Related document(s): Motion to Dismiss for Failure to State a Claim 25, Reply to Motion 70 .) (Attachments: # 1 Exhibit Opinion and Order - Clark, et al. v. Wolf, et al.) (Greene, Glenn) (Entered: 06/11/2021)

OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED oral argument held on 5/19/2021 before Judge Youlee Yim You via teleconference, Court Reporter Kellie Humiston, telephone number 503-326-8186 or Kellie_Humiston@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 6/21/2021. Redaction Request due 7/6/2021. Redacted Transcript Deadline set for 7/15/2021. Release of Transcript Restriction set for 9/13/2021. (Humiston, Kellie) (Entered: 06/14/2021)

Joint Status Report . Filed by Joseph R. Biden, Jr, Alejandro Maryokas, Gabriel Russell, United States Department of Homeland Security, United States Marshals Service. (Clendenen, Michael) (Entered: 06/23/2021)

Joint Notice of Supplemental Authority Filed by Joseph R. Biden, Jr, Alejandro Maryokas, Gabriel Russell, United States Department of Homeland Security, United States Marshals Service. (Attachments: # 1 Supplement Black Lives Matter D.C. Order) (Clendenen, Michael) (Entered: 06/24/2021)

1 - Scheduling

Joint Status Report . Filed by Joseph R. Biden, Jr, Alejandro Maryokas, Gabriel Russell, United States Department of Homeland Security, United States Marshals Service. (Clendenen, Michael) (Entered: 07/07/2021)

Supplemental Declaration of Pete Cajigal . Filed by Joseph R. Biden, Jr, Alejandro Maryokas, Gabriel Russell, United States Department of Homeland Security, United States Marshals Service. (Clendenen, Michael) (Entered: 07/07/2021)

1 - Scheduling

Second Amended Complaint (AUTHORIZED TO BE FILED UNDER SEAL). (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Andre Miller, Mark Pettibone, Fabiym Acuay, Rose City Justice, Inc., Duston Obermeyer, Maureen Healy, Nichol Denison, Black Millenial Movement, James McNulty, Christopher David against All Defendants (Attachments: # 1 Exhibits 1-11). (Lee, Rachel) (Entered: 07/14/2021)

Second Amended Complaint (REDACTED). Filed by Andre Miller, Mark Pettibone, Fabiym Acuay, Rose City Justice, Inc., Duston Obermeyer, Maureen Healy, Nichol Denison, Black Millenial Movement, James McNulty, Christopher David against All Defendants (Attachments: # 1 Exhibits 1-11). (Lee, Rachel) (Entered: 07/14/2021)

1 Exhibits 1-11

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Joint Status Report . Filed by Joseph R. Biden, Jr, Alejandro Maryokas, Gabriel Russell, United States Department of Homeland Security, United States Marshals Service. (Clendenen, Michael) (Entered: 07/14/2021)

Joint Stipulation re Amended Complaint, 80 and Motions to Dismiss [25, 26] by All Plaintiffs. Filed by All Plaintiffs. (Lee, Rachel) (Entered: 07/15/2021)

1 - Scheduling

Joint Status Report . Filed by Joseph R. Biden, Jr, Alejandro Maryokas, Gabriel Russell, United States Department of Homeland Security, United States Marshals Service. (Clendenen, Michael) (Entered: 08/18/2021)

1 - Scheduling

Motion for Protective Order . Expedited Hearing requested. Filed by All Plaintiffs. (Lee, Rachel) (Entered: 09/03/2021)

Declaration of Rachel C. Lee . Filed by All Plaintiffs. (Related document(s): Motion for Protective Order 87 .) (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit) (Lee, Rachel) (Entered: 09/03/2021)

Motion to Compel Addresses for Service on Newly Named Defendants. Expedited Hearing requested. Filed by All Plaintiffs. (Lee, Rachel) (Entered: 09/07/2021)

Declaration of Rachel C. Lee in Support of Plaintiffs' Motion to Compel Addresses For Service On Newly Named Defendants. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Plaintiffs. (Related document(s): Motion to Compel 90 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8) (Lee, Rachel) (Entered: 09/07/2021)

Redacted Declaration of Rachel C. Lee in Support of Plaintiffs' Motion to Compel Addresses for Service on Newly Named Defendants. Filed by All Plaintiffs. (Related document(s): Motion to Compel 90 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8) (Lee, Rachel) (Entered: 09/07/2021)

1 - Scheduling

Motion Hearing Held AND Order on Motion to Compel AND Order on Motion for Protective Order

Order on Motion to Compel AND Motion Hearing Held AND Order on Motion for Protective Order

Motion Hearing Held AND Order on Motion for Protective Order AND Order on Motion to Compel

Modified Protective Order. Signed on 9/9/2021 by Magistrate Judge Youlee Yim You. (pvh) (Entered: 09/09/2021)

Findings & Recommendations: The Motion to Dismiss filed by defendants Wolf and Russell (ECF 25 ) should be GRANTED, and the First, Seventh, and Eighth claims asserted against them in their individual capacities should be dismissed. These Findings and Recommendations will be referred to a district judge. Objections, if any, are due Monday, September 27, 2021. If no objections are filed, then the Findings and Recommendations will go under advisement on that date. If objections are filed, then a response is due within 14 days after being served with a copy of the objections. When the response is due or filed, whichever date is earlier, the Findings and Recommendations will go under advisement. Signed on 9/13/2021 by Magistrate Judge Youlee Yim You. (pvh) (Entered: 09/13/2021)

Findings & Recommendation Referred

Unopposed Motion for Extension of Time to File an Objection to 95, Unopposed Motion for Extension of Time to File a Response to Objection to Findings & Recommendation: Motion to Dismiss for Failure to State a Claim 25 should be granted 95 . Filed by All Plaintiffs. (Lee, Rachel) (Entered: 09/17/2021)

Order on Motion for Extension of Time to File Response to Objection to F & R AND Order on Motion for Extension of Time to File an Objection to F & R

Unopposed Motion for Extension of Time to File a Response/Reply to Motion to Dismiss 26 . Expedited Hearing requested. Filed by All Plaintiffs. (Lee, Rachel) (Entered: 09/29/2021)

Order on Motion for Extension of Time to File Response/Reply to Motion

Proposed Summons (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) (Attachments: # 1 Attachment List of Parties) Filed by All Plaintiffs. (Lee, Rachel) (PDF attachments replaced with corrected PDFs on 10/7/2021) (eo). (Entered: 10/05/2021)

Unopposed Motion for Extension of Time to Serve Second Amended Complaint. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Expedited Hearing requested. Filed by All Plaintiffs. (Lee, Rachel) (Entered: 10/07/2021)

Declaration of Rachel C. Lee in Support of Unopposed Motion for Extension of Time to Serve Second Amended Complaint. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Plaintiffs. (Related document(s): Motion for Extension of Time 102 .) (Lee, Rachel) (Entered: 10/07/2021)