Case: Hoffard v. Cochise County

Kathleen Hoffard v. Cochise County, Arizona; Lisa Marra, in her official capacity as Director of Cochise County Elections Department

Kathleen Hoffard v. Cochise County, Arizona; Lisa Marra, in her official capacity as Director of Cochise County Elections Department

Kathleen Hoffard v. Cochise County, Arizona; Lisa Marra, in her official capacity as Director of Cochise County Elections Department

Kathleen Hoffard v. Cochise County, Arizona; Lisa Marra, in her official capacity as Director of Cochise County Elections Department

Stanford-MIT Healthy Elections Project

COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-18345584 filed by Kathleen Hoffard. (Daly-Rooney, Rose) (Attachments: # 1 Civil Cover Sheet)(SCA) (Entered: 06/04/2020)

1 Civil Cover Sheet

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Filing fee paid, receipt number 0970-18345584. This case has been assigned to the Honorable James A. Soto. All future pleadings or documents should bear the correct case number: CV-20-00243-TUC-JAS. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (SCA) (Entered: 06/04/2020)

Due to the appointment of a new District Judge in the Tucson Division, this case is hereby reassigned by the Clerk to the Honorable District Judge Scott H. Rash. All future filings shall reflect the following case number CV 20-243-SHR.

Remark (Public)

Remark (Public)

SUMMONS Submitted by Kathleen Hoffard. (Daly-Rooney, Rose) (Entered: 08/27/2020)

SUMMONS Submitted by Kathleen Hoffard. (Daly-Rooney, Rose) (Entered: 08/27/2020)

NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Kathleen Hoffard . (Attachments: # 1 Exhibit Copy of 1st Amended Complaint with changes)(Daly-Rooney, Rose) (Entered: 08/27/2020)

AMENDED COMPLAINT 1st against All Defendants filed by Kathleen Hoffard.(Daly-Rooney, Rose) (Entered: 08/27/2020)

Summons Issued as to Cochise, County of, Lisa Marra. (Attachments: # 1 Summons)(SCA). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 08/27/2020)

SERVICE EXECUTED filed by Kathleen Hoffard: Proof of Service re: Summons, Notice of Filing and 1st Amended Complaint upon Cochise County on 8-31-2020. (Daly-Rooney, Rose) (Entered: 09/01/2020)

SERVICE EXECUTED filed by Kathleen Hoffard: Proof of Service re: Summons, Notice of Filing and 1st Amended Complaint upon Elections Director, Lisa Murra on 8-31-2020. (Daly-Rooney, Rose) (Entered: 09/01/2020)

NOTICE of Appearance by Christine Joyce Roberts on behalf of Cochise, County of, Lisa Marra. (Roberts, Christine) (Entered: 09/21/2020)

MOTION to Dismiss Case by Cochise, County of, Lisa Marra. (Attachments: # 1 Exhibit)(Roberts, Christine) (Entered: 09/21/2020)

1 Exhibit

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RESPONSE in Opposition re: 11 MOTION to Dismiss Case Plaintiff's Response in Opposition to Defendants' Motion to Dismiss filed by Kathleen Hoffard. (Attachments: # 1 Exhibit)(Abela, Maya) (Entered: 10/05/2020)

First MOTION for Leave to File Motion for Leave to Exceed Page Limit in Filing Motion for Preliminary Injunction by Kathleen Hoffard. (Attachments: # 1 Text of Proposed Order)(Kramer, Meaghan) (Entered: 10/05/2020)

First MOTION for Preliminary Injunction Plaintiff's Motion for Preliminary Injunction and Expedited Hearing by Kathleen Hoffard. (Attachments: # 1 Text of Proposed Order)(In, Tamaraingsey) (Entered: 10/05/2020)

1 Text of Proposed Order

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Additional Attachments to Main Document re: 14 First MOTION for Preliminary Injunction Plaintiff's Motion for Preliminary Injunction and Expedited Hearing Exhibit 1 and Exhibit 2 by Plaintiff Kathleen Hoffard. (Attachments: # 1 Exhibit, # 2 Exhibit)(In, Tamaraingsey) (Entered: 10/05/2020)

ORDER GRANTING Plaintiff's 13 Motion for Leave to Exceed Page Limit in Filing Motion for Preliminary Injunction. Plaintiff's 14 Motion for Preliminary Injunction and Expedited Hearing is accepted. Defendants shall file their response to Plaintiff's 14 Motion for Preliminary Injunction and Expedited Hearing on or before 10/19/20. Signed by Judge Scott H Rash on 10/6/20. (BAC) (Entered: 10/06/2020)

REPLY to Response to Motion re: 11 MOTION to Dismiss Case First Amended Complaint filed by Cochise, County of, Lisa Marra. (Attachments: # 1 Exhibit Declaration of Christine J Roberts ISO Reply to Plaintiffs Opposition to MTD, # 2 Text of Proposed Order Order re Motion to Dismiss Plaintiffs First Amended Complaint for Injunctive and Declaratory Relief)(Roberts, Christine) *Modified on 10/14/2020 to reflect correct filers (KAH). (Entered: 10/13/2020)

First MOTION for Leave to File Excess Pages by Cochise, County of. (Attachments: # 1 Text of Proposed Order Order Granting Motion for Leave to Exceed Page Limit)(Roberts, Christine) (Entered: 10/19/2020)

RESPONSE to Motion re: 14 First MOTION for Preliminary Injunction Plaintiff's Motion for Preliminary Injunction and Expedited Hearing filed by Cochise, County of. (Attachments: # 1 Affidavit Declaration of Lisa Marra in Support of Defendants Resp in Opposition to Plaintiffs Motion for PI, # 2 Exhibit Exhibit A pt. 1 to Declaration of Lisa Marra in Support of Defendants Resp in Opposition to Plaintiffs Motion for PI, # 3 Exhibit Exhibit A pt. 2 to Declaration of Lisa Marra in Support of Defendants Resp in Opposition to Plaintiffs Motion for PI, # 4 Exhibit Exhibit B-D to Declaration of Lisa Marra in Support of Defendants Resp in Opposition to Plaintiffs Motion for PI, # 5 Exhibit Exhibit E-I to Declaration of Lisa Marra in Support of Defendants Resp in Opposition to Plaintiffs Motion for PI, # 6 Text of Proposed Order Proposed Order Denying Plaintiffs Motion for PI)(Roberts, Christine) (Entered: 10/19/2020)

1 Affidavit Declaration of Lisa Marra in Support of Defendants Resp in Opposition

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2 Exhibit Exhibit A pt. 1 to Declaration of Lisa Marra in Support of Defendants Re

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3 Exhibit Exhibit A pt. 2 to Declaration of Lisa Marra in Support of Defendants Re

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4 Exhibit Exhibit B-D to Declaration of Lisa Marra in Support of Defendants Resp i

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5 Exhibit Exhibit E-I to Declaration of Lisa Marra in Support of Defendants Resp i

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6 Text of Proposed Order Proposed Order Denying Plaintiffs Motion for PI

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*ORDER GRANTING Defendants' 18 Motion for Leave to Exceed Page Limit in Filing Response in Opposition to Plaintiff's 14 Motion for Preliminary Injunction. Defendants' 19 Response in Opposition to Plaintiff's Motion for Preliminary Injunction and Expedited Hearing is accepted. Plaintiff shall file her reply to Defendant's Response in Opposition to Plaintiff's Motion for Preliminary Injunction on or before 5:00 PM on 10/21/20. Signed by Judge Scott H Rash on 10/20/20. (BAC) *Modified to correct linkage on 10/20/2020 (BAC). (Entered: 10/20/2020)

*REPLY to Response to Motion re: 14 First MOTION for Leave to File Excess Pages Plaintiff's Reply in Support of Motion for Preliminary Injunction and Expedited Hearing filed by Kathleen Hoffard. (Attachments: # 1 Exhibit Exhibit A Declaration of Kevin K. Keene, # 2 Exhibit Exhibit B Declaration of Maura Hilser)(Daly-Rooney, Rose) *Modified to correct referenced motion on 10/22/2020 (BAC). (Entered: 10/21/2020)

NOTICE re: Notice of Decision by Kathleen Hoffard . (Daly-Rooney, Rose) (Entered: 10/22/2020)

ORDER denying 14 Motion for Preliminary Injunction and Expedited Hearing. Signed by Judge Scott H Rash on 10/22/2020.(SHR, yh) (Entered: 10/22/2020)

Order

Brief - Response

Statement of Facts

File Excess Pages

Brief - Response

Order on Motion for Leave to File Excess Pages

Reply

ORDER DENYING without prejudice 11 Defendants' Motion to Dismiss. Defendants shall file their answer to Plaintiff's 6 First Amended Complaint on or before 7/13/21. Signed by Judge Scott H Rash on 6/29/21. (BAC) (Entered: 06/30/2021)

Defendants ANSWER to 6 Amended Complaint with Jury Demand for Injunctive and Declaratory Relief by Cochise, County of, Lisa Marra.(Roberts, Christine) *Modified to add filer on 7/14/2021 (BAC). (Entered: 07/13/2021)

ORDER Setting Scheduling Conference: IT IS ORDERED setting a telephonic Pretrial Case Management Conference for 9/10/21 at 10:00 am, before law clerk to Judge Scott H Rash. Parties shall file a Joint Case Management Report with the Court no later than 7 days prior to the Case Management Conference. (See attached PDF for complete information). Signed by Judge Scott H Rash on 7/15/21. (BAC) (Entered: 07/16/2021)

NOTICE of Appearance by Paul Correa on behalf of Cochise, County of, Lisa Marra. (Correa, Paul) (Entered: 08/17/2021)

NOTICE re: of Service of Initial Disclosure by Cochise, County of, Lisa Marra . (Roberts, Christine) (Entered: 08/31/2021)

NOTICE re: Service of Initial Disclosure Statement by Kathleen Hoffard . (Abela, Maya) (Entered: 08/31/2021)

REPORT of Joint Case Management by Plaintiff Kathleen Hoffard. (Attachments: # 1 Proposed Order Case Management order)(Daly-Rooney, Rose) (Entered: 09/03/2021)

1 Proposed Order Case Management order

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STIPULATION by Kathleen Hoffard. (Attachments: # 1 Proposed Order Rule 502 Order, # 2 Proposed Order Protective Order)(Daly-Rooney, Rose) (Entered: 09/03/2021)

1 Proposed Order Rule 502 Order

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2 Proposed Order Protective Order

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NOTICE re: Notice regarding number and hours of deposition testimony by Kathleen Hoffard . (Daly-Rooney, Rose) (Entered: 09/13/2021)

SCHEDULING ORDER: Discovery due by 8/5/2022. Dispositive motions due by 9/2/2022. Joint Proposed Pretrial Order due by 9/9/2022. Joint Settlement Status Report due by 3/1/2022. Signed by Judge Scott H Rash on 09/20/2021. (See attached Order for complete information.)(SCA) (Entered: 09/21/2021)

Stipulated Rule 502 ORDER pursuant to 38 Stipulation: This order is entered pursuant to Rule 502(d) of the Federal Rules of Evidence and invokes the protections afforded by that Rule. (See attached PDF for complete information). Signed by Judge Scott H Rash on 9/27/21. (BAC) (Entered: 09/28/2021)

Stiplated PROTECTIVE ORDER: IT IS ORDERED Plaintiff Kathleen Hoffard and Defendants Cochise County, Arizona, and Lisa Marra, in her official capacity as Director of Cochise County Elections Department (each, a "Party," and collectively, the "Parties"), by their respective counsel, hereby stipulate and agree to the entry of this Stipulated Protective Order ("Order"). The provisions of this Order shall remain in full force and effect until further order of this Court. (See attached PDF for complete information). Signed by Judge Scott H Rash on 9/27/21.(BAC) (Entered: 09/28/2021)

*NOTICE of Service of Discovery re: Request for Entry Upon Land and Inspection of Items by Kathleen Hoffard . (Daly-Rooney, Rose) *Modified to correct event from Notice (Other) to Notice of Service of Discovery on 1/24/2022 (JAM). (Entered: 01/21/2022)

NOTICE re: Notice of Service of Plaintiff's First Supplemental Disclosure Statement by Kathleen Hoffard . (Daly-Rooney, Rose) (Entered: 01/28/2022)

NOTICE re: Defendants' Notice of Service of Witness Disclosure by Cochise, County of re: 40 Scheduling Order . (Attachments: # 1 Attachment Defendants' Witness Disclosure)(Correa, Paul) (Entered: 01/28/2022)

REPORT of Joint Settlement Status Report by Plaintiff Kathleen Hoffard. (Abela, Maya) (Entered: 03/01/2022)

MOTION for Extension of Time remaining expert disclosure by Kathleen Hoffard. (Daly-Rooney, Rose) (Entered: 03/04/2022)

Additional Attachments to Main Document re: 47 MOTION for Extension of Time remaining expert disclosure Proposed Order by Plaintiff Kathleen Hoffard. (Daly-Rooney, Rose) (Entered: 03/04/2022)

ORDER GRANTING 47 Motion for Extension of Time Deadline as to 47 MOTION for Extension of Time remaining expert disclosure . IT IS ORDERED Plaintiff shall disclose the expert reports to be used at trial pursuant to the provisions of Rule 26(a)(2) and (3) of the Federal Rules of Civil Procedure, on or before 10 calendar days following the date of Inspection (extended from 3/4/22). Defendants shall disclose their expert reports on or before 40 calendar days after the date of Inspection (extended from 4/1/22). Parties shall disclose rebuttal expert reports on or before 70 calendar days after the date of Inspection (extended from 5/6/22). (See attached PDF for complete information). Signed by Judge Scott H Rash on 3/7/22. (BAC) (Entered: 03/08/2022)

NOTICE re: Notice of Lodging of Discovery Dispute and Order by Kathleen Hoffard Plaintiff. (Attachments: # 1 Exhibit Exhibit A - Request for Entry Upon Land and Inspection of Items, # 2 Exhibit Exhibit B - Jointly Emailed Position Statements)(Kramer, Meaghan) (Entered: 03/11/2022)

1 Exhibit Exhibit A - Request for Entry Upon Land and Inspection of Items

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2 Exhibit Exhibit B - Jointly Emailed Position Statements

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NOTICE of Service of Discovery filed by Kathleen Hoffard. (Kramer, Meaghan) (Entered: 04/11/2022)

NOTICE of Service of Discovery filed by Kathleen Hoffard. (Abela, Maya) (Entered: 05/04/2022)

MOTION to Compel Inspection by Kathleen Hoffard. (Attachments: # 1 Exhibit Declaration of Meaghan Kramer, # 2 Exhibit Declaration of Tamaraingsey In, # 3 Proposed Order)(Kramer, Meaghan) (Entered: 05/11/2022)

1 Exhibit Declaration of Meaghan Kramer

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2 Exhibit Declaration of Tamaraingsey In

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3 Proposed Order

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NOTICE of Service of Discovery filed by Kathleen Hoffard. (Abela, Maya) (Entered: 05/11/2022)

RESPONSE in Opposition re: 53 MOTION to Compel Inspection filed by Cochise, County of, Lisa Marra. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Correa, Paul) (Entered: 05/19/2022)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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*Reply to Response to 53 MOTION to Compel Plaintiff's Reply In Support of Motion to Compel Site Inspection by Kathleen Hoffard. (Attachments: # 1 Exhibit Supplemental Declaration of Meaghan K. Kramer)(Kramer, Meaghan) *Modified to correct event type on 6/1/2022 (BAC). (Entered: 05/26/2022)

NOTICE re: Second Joint Settlement Report by Kathleen Hoffard . (Kramer, Meaghan) (Entered: 06/01/2022)

NOTICE of Service of Discovery filed by Kathleen Hoffard. (Kramer, Meaghan) (Entered: 06/10/2022)

NOTICE of Service of Discovery filed by Kathleen Hoffard. (Kramer, Meaghan) (Entered: 06/10/2022)

NOTICE of Service of Discovery filed by Kathleen Hoffard. (Kramer, Meaghan) (Entered: 06/10/2022)

NOTICE of Service of Discovery filed by Kathleen Hoffard. (Kramer, Meaghan) (Entered: 06/10/2022)

ORDER DENYING Plaintiff's 53 Motion to Compel Inspection. Signed by Judge Scott H Rash on 6/10/22. (BAC) (Entered: 06/10/2022)

NOTICE of Service of Discovery filed by Kathleen Hoffard. (Kramer, Meaghan) (Entered: 06/15/2022)

MOTION to Quash Subpoena by Apache County. (Robertson, Celeste) (Entered: 06/23/2022)

NOTICE of Deposition of Lisa Marra, Martha Rodriquez, Joe Casey, filed by Kathleen Hoffard. (Kramer, Meaghan) (Entered: 06/23/2022)

NOTICE of Service of Discovery filed by Kathleen Hoffard. (Kramer, Meaghan) (Entered: 06/28/2022)

NOTICE of Service of Discovery filed by Cochise, County of, Lisa Marra. (Correa, Paul) (Entered: 06/30/2022)

STIPULATION Motion to Modify Scheduling Order by Cochise, County of. (Roberts, Christine) (Entered: 07/01/2022)

ORDER pursuant to 68 Stipulation: IT IS ORDERED the 40 Scheduling Order is modified as follows: the deadline for depositions is extended to 10/4/22. The deadline for all other discovery remains 8/5/22. The dispositive motions deadline is extended to 11/1/22; the Joint Proposed Pretrial Order if no dispositive motions are filed, is extended to 11/8/22. Signed by Judge Scott H Rash on 7/5/22. (BAC) (Entered: 07/05/2022)

NOTICE of Service of Discovery filed by Kathleen Hoffard. (Kramer, Meaghan) (Entered: 07/06/2022)

ORDER withdrawing 64 pursuant to parties' Stipulated Motion to Modify Scheduling Order [Doc. 68, n.1]. Ordered by Judge Scott H Rash. (ZLK) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 07/11/2022)

NOTICE of Service of Discovery filed by Kathleen Hoffard. (Kramer, Meaghan) (Entered: 07/11/2022)

Order on Motion to Quash

NOTICE of Service of Discovery filed by Kathleen Hoffard. (Kramer, Meaghan) (Entered: 07/13/2022)

NOTICE of Service of Discovery filed by Cochise, County of. (Correa, Paul) (Entered: 07/15/2022)

NOTICE of Service of Discovery filed by Kathleen Hoffard. (Daly-Rooney, Rose) (Entered: 07/22/2022)

NOTICE of Service of Discovery filed by Kathleen Hoffard. (Kramer, Meaghan) (Entered: 08/01/2022)

NOTICE of Service of Discovery filed by Kathleen Hoffard. (Kramer, Meaghan) (Entered: 08/05/2022)

NOTICE of Service of Discovery filed by Kathleen Hoffard. (Kramer, Meaghan) (Entered: 08/05/2022)

MOTION for Extension of Time Plaintiff's Motion to Modify Scheduling Order by Kathleen Hoffard. (Attachments: # 1 Exhibit Exhibit 1 Declaration of Maya Abela, # 2 Exhibit Exhibit 2 Declaration of Meaghan Kramer, # 3 Proposed Order Text of Proposed Order)(Abela, Maya) (Entered: 08/05/2022)

Second MOTION to Quash Subpoena for Deposition by Apache County. (Robertson, Celeste) (Entered: 08/07/2022)

ORDER GRANTING Plaintiff's 79 Motion for Extension of Time Deadline. The 40 scheduling Order is amended to the extent the deadline to complete written discovery is extended to 9/2/22, for the limited purpose described in Plaintiff's Motion. All other deadlines remain unchanged. Signed by Judge Scott H Rash on 8/8/22. (BAC) (Entered: 08/09/2022)

NOTICE re: Withdrawal of subpoena to Apache County by Kathleen Hoffard . (Daly-Rooney, Rose) (Entered: 08/19/2022)

ORDER withdrawing 80 Motion to Quash pursuant to Plaintiff Kathleen Hoffard's Notice of Withdrawal of Subpoena to Apache County 82 . Ordered by Judge Scott H Rash. (ZLK) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 08/19/2022)

Order on Motion to Quash

MOTION to Stay ACTION AND REFER TO SETTLEMENT CONFERENCE JUDGE by Kathleen Hoffard. (Attachments: # 1 Proposed Order text or proposed order)(Kramer, Meaghan) (Entered: 08/25/2022)

1 Proposed Order text or proposed order

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ORDER GRANTING parties' 84 Stipulated Motion to Stay Action and Refer to Settlement Conference Judge. IT IS ORDERED this action is STAYED for 65 days. This matter is set for a settlement conference before Judge Bruce G Macdonald on 10/3/22. The parties are directed to contact Judge Macdonald's chambers with the case number in the subject line for further instructions regarding the settlement conference. Signed by Judge Scott H Rash on 8/31/22. (BAC) (Entered: 09/01/2022)

MINUTE ENTRY for proceedings held before Magistrate Judge Bruce G Macdonald: Settlement Conference held on 10/3/2022. The parties participated in a settlement conference with Magistrate Judge Bruce G Macdonald via Zoom. Parties have reached a tentative Settlement Agreement, subject to anticipated approval of the Board of Supervisors, for the County of Cochise, at the upcoming board meeting scheduled for 10/25/22. Once the Board of Supervisors' approval is received, the parties shall notify the Court and prepare the necessary documents for dismissal of the case. Hearing held 9:30 am to 6:30 pm.(BAC) (Entered: 10/04/2022)

ORDER RE STATUS OF SETTLEMENT AGREEMENT: Regarding the tentative settlement reached at the conference held on October 3, 2022, the Court has been advised there was an approval of the terms of the settlement by the Cochise County Board of Supervisors on October 25, 2022. Plaintiff will be filing a stipulation to dismiss the case. Signed by Magistrate Judge Bruce G Macdonald on 10/31/22. (JAM) (Entered: 11/01/2022)

Joint MOTION to Dismiss Case by Kathleen Hoffard. (Kramer, Meaghan) (Entered: 11/01/2022)

ORDER Dismissing Action and Closing Case Pursuant to 88 Stipulation of Voluntary Dismissal of Claims. This action is DISMISSED with prejudice and each party shall bear its own attorney fees and costs. IT IS FURTHER ORDERED the Clerk of Court shall docket accordingly and close this action. Signed by Judge Scott H Rash on 11/2/22. (JAM) (Entered: 11/02/2022)