1
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COMPLAINT against All Plaintiffs against All Defendants ( Filing fee $ 400 receipt number ADCDC-7861856) filed by ROBERT GILSTRAP, FORDHAM & ASSOCIATES, LLC, TITLE ONE MANAGEMENT, LLC, DANNY FORDHAM, ALABAMA ASSOCIATION OF REALTORS, H.E. CAUTHEN LAND AND DEVELOPMENT, LLC, GEORGIA ASSOCIATION OF REALTORS. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons)(Shumate, Brett) (Entered: 11/20/2020)
1 Civil Cover Sheet
View on PACER
2 Summons
View on PACER
3 Summons
View on PACER
4 Summons
View on PACER
5 Summons
View on PACER
6 Summons
View on PACER
7 Summons
View on PACER
8 Summons
View on PACER
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Nov. 20, 2020
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RECAP
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2
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NOTICE OF RELATED CASE by ALABAMA ASSOCIATION OF REALTORS, DANNY FORDHAM, FORDHAM & ASSOCIATES, LLC, GEORGIA ASSOCIATION OF REALTORS, ROBERT GILSTRAP, H.E. CAUTHEN LAND AND DEVELOPMENT, LLC, TITLE ONE MANAGEMENT, LLC. Case related to Case No. 1:20-cv-3702-WMR (N.D. Ga.); 2:20-cv-02692-MSN-atc (W.D. Tenn.); 6:20-cv-00564 (E.D. Tex.); 5:20-cv-02407-JRA (N.D. Ohio). (Shumate, Brett) (Entered: 11/20/2020)
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Nov. 20, 2020
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RECAP
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3
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LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by FORDHAM & ASSOCIATES, LLC (Shumate, Brett) (Entered: 11/20/2020)
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Nov. 20, 2020
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PACER
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4
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LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by H.E. CAUTHEN LAND AND DEVELOPMENT, LLC (Shumate, Brett) (Entered: 11/20/2020)
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Nov. 20, 2020
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PACER
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5
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LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by TITLE ONE MANAGEMENT, LLC (Shumate, Brett) (Entered: 11/20/2020)
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Nov. 20, 2020
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PACER
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6
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MOTION for Summary Judgment (Expedited) by ALABAMA ASSOCIATION OF REALTORS, DANNY FORDHAM, FORDHAM & ASSOCIATES, LLC, GEORGIA ASSOCIATION OF REALTORS, ROBERT GILSTRAP, H.E. CAUTHEN LAND AND DEVELOPMENT, LLC, TITLE ONE MANAGEMENT, LLC (Attachments: # 1 Memorandum in Support, # 2 Declaration Fordham Declaration, # 3 Declaration Gilstrap Declaration, # 4 Declaration Cororaton Declaration, # 5 Declaration Walker Declaration, # 6 Declaration Junkin Declaration, # 7 Proposed Order)(Shumate, Brett) (Entered: 11/20/2020)
1 Memorandum in Support
View on RECAP
2 Declaration Fordham Declaration
View on RECAP
3 Declaration Gilstrap Declaration
View on RECAP
4 Declaration Cororaton Declaration
View on RECAP
5 Declaration Walker Declaration
View on RECAP
6 Declaration Junkin Declaration
View on RECAP
7 Proposed Order
View on PACER
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Nov. 20, 2020
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RECAP
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7
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MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Megan Lacy Owen, Filing fee $ 100, receipt number ADCDC-7862927. Fee Status: Fee Paid. by ALABAMA ASSOCIATION OF REALTORS, DANNY FORDHAM, FORDHAM & ASSOCIATES, LLC, GEORGIA ASSOCIATION OF REALTORS, ROBERT GILSTRAP, H.E. CAUTHEN LAND AND DEVELOPMENT, LLC, TITLE ONE MANAGEMENT, LLC (Attachments: # 1 Declaration of Megan Lacy Owen, # 2 Proposed Order)(Shumate, Brett) (Entered: 11/20/2020)
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Nov. 20, 2020
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PACER
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8
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MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Autumn Hamit Patterson, Filing fee $ 100, receipt number ADCDC-7862993. Fee Status: Fee Paid. by ALABAMA ASSOCIATION OF REALTORS, DANNY FORDHAM, FORDHAM & ASSOCIATES, LLC, GEORGIA ASSOCIATION OF REALTORS, ROBERT GILSTRAP, H.E. CAUTHEN LAND AND DEVELOPMENT, LLC, TITLE ONE MANAGEMENT, LLC (Attachments: # 1 Declaration of Autumn Hamit Patterson, # 2 Proposed Order)(Shumate, Brett) (Entered: 11/20/2020)
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Nov. 20, 2020
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PACER
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Case Assigned to Judge Dabney L. Friedrich. (zsb)
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Nov. 23, 2020
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PACER
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MINUTE ORDER granting the plaintiffs' 8 Motion for Admission Pro Hac Vice of Attorney Autumn Hamit Patterson. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). For instructions visit: https://www.dcd.uscourts.gov/sites/dcd/files/NextGEN_Tutorial_for_Registering_for_E-filing.pdf. So Ordered by Judge Dabney L. Friedrich on November 23, 2020. (lcdlf2)
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Nov. 23, 2020
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PACER
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9
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SUMMONS (7) Issued Electronically as to ALEX M. AZAR, II, WILLIAM P. BARR, CENTERS FOR DISEASE CONTROL AND PREVENTION, ROBERT R. REDFIELD, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF JUSTICE, NINA B WITKOFSKY. (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 11/23/2020)
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Nov. 23, 2020
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PACER
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MINUTE ORDER granting the plaintiffs' 7 Motion for Admission Pro Hac Vice of Attorney Megan Lacy Owen. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). For instructions visit: https://www.dcd.uscourts.gov/sites/dcd/files/NextGEN_Tutorial_for_Registering_for_E-filing.pdf. So Ordered by Judge Dabney L. Friedrich on November 23, 2020. (lcdlf2)
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Nov. 23, 2020
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PACER
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10
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STANDARD ORDER for Civil Cases. See text for details. Signed by Judge Dabney L. Friedrich on November 23, 2020. (lcdlf2) (Entered: 11/23/2020)
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Nov. 23, 2020
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PACER
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.Order
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Nov. 23, 2020
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PACER
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11
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NOTICE of Appearance by Autumn Hamit Patterson on behalf of All Plaintiffs (Patterson, Autumn) (Main Document 11 replaced on 11/24/2020) (zeg). (Entered: 11/24/2020)
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Nov. 24, 2020
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PACER
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12
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NOTICE of Appearance by Megan Lacy Owen on behalf of All Plaintiffs (Lacy Owen, Megan) (Main Document 12 replaced on 11/24/2020) (zeg). (Main Document 12 replaced on 11/24/2020) (zeg). (Entered: 11/24/2020)
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Nov. 24, 2020
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PACER
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13
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CERTIFICATE OF SERVICE by ALABAMA ASSOCIATION OF REALTORS, DANNY FORDHAM, FORDHAM & ASSOCIATES, LLC, GEORGIA ASSOCIATION OF REALTORS, ROBERT GILSTRAP, H.E. CAUTHEN LAND AND DEVELOPMENT, LLC, TITLE ONE MANAGEMENT, LLC re 6 MOTION for Summary Judgment (Expedited) Amended Certificate of Service. (Shumate, Brett) (Entered: 12/03/2020)
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Dec. 3, 2020
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PACER
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14
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NOTICE of Appearance by Leslie Cooper Vigen on behalf of All Defendants (Vigen, Leslie) (Entered: 12/03/2020)
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Dec. 3, 2020
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PACER
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15
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Joint MOTION for Briefing Schedule by ALEX M. AZAR, II, WILLIAM P. BARR, CENTERS FOR DISEASE CONTROL AND PREVENTION, ROBERT R. REDFIELD, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF JUSTICE, NINA B WITKOFSKY (Attachments: # 1 Text of Proposed Order)(Vigen, Leslie) (Entered: 12/03/2020)
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Dec. 3, 2020
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PACER
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16
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NOTICE of Appearance by Steven A. Myers on behalf of All Defendants (Myers, Steven) (Entered: 12/03/2020)
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Dec. 3, 2020
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PACER
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MINUTE ORDER granting the parties' 15 Joint Motion for Briefing Schedule. Accordingly, the defendants shall provide the administrative record to the plaintiffs and file a certified list of its contents on or before December 11, 2020; the defendants shall file their opposition to the plaintiffs' expedited summary judgment motion and their cross-motion for summary judgment on or before December 21, 2020; the plaintiffs shall file any reply in support of their motion and their opposition to the defendants' cross-motion for summary judgment on or before December 28, 2020; and the defendants shall file any reply in support of their cross-motion on or before January 6, 2021. It is FURTHER ORDERED that the defendants' obligation to answer shall be deferred to 30 days following resolution of the cross-motions, if the case remains pending. So Ordered by Judge Dabney L. Friedrich on December 4, 2020. (lcdlf2)
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Dec. 4, 2020
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PACER
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17
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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ALEX M. AZAR, II served on 11/30/2020 (Shumate, Brett) (Entered: 12/04/2020)
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Dec. 4, 2020
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PACER
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18
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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. WILLIAM P. BARR served on 11/30/2020 (Shumate, Brett) (Entered: 12/04/2020)
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Dec. 4, 2020
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PACER
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19
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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTERS FOR DISEASE CONTROL AND PREVENTION served on 11/30/2020 (Shumate, Brett) (Entered: 12/04/2020)
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Dec. 4, 2020
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PACER
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20
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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF JUSTICE served on 11/30/2020 (Shumate, Brett) (Entered: 12/04/2020)
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Dec. 4, 2020
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PACER
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21
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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 11/30/2020 (Shumate, Brett) (Entered: 12/04/2020)
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Dec. 4, 2020
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PACER
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22
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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ROBERT R. REDFIELD served on 11/30/2020 (Shumate, Brett) (Entered: 12/04/2020)
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Dec. 4, 2020
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PACER
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23
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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NINA B WITKOFSKY served on 11/30/2020 (Shumate, Brett) (Entered: 12/04/2020)
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Dec. 4, 2020
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PACER
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|
.Order
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Dec. 4, 2020
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PACER
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24
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NOTICE of Filing by ALEX M. AZAR, II, WILLIAM P. BARR, CENTERS FOR DISEASE CONTROL AND PREVENTION, ROBERT R. REDFIELD, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF JUSTICE, NINA B WITKOFSKY (Attachments: # 1 Exhibit Administrative Record Certification & Index)(Vigen, Leslie) (Entered: 12/11/2020)
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Dec. 11, 2020
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PACER
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25
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NOTICE of Filing by ALEX M. AZAR, II, WILLIAM P. BARR, CENTERS FOR DISEASE CONTROL AND PREVENTION, ROBERT R. REDFIELD, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF JUSTICE, NINA B WITKOFSKY re 24 Notice (Other), (Attachments: # 1 Exhibit Administrative Record Recertification & Updated Index)(Vigen, Leslie) (Entered: 12/16/2020)
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Dec. 16, 2020
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PACER
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26
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MOTION for Summary Judgment by ALEX M. AZAR, II, WILLIAM P. BARR, CENTERS FOR DISEASE CONTROL AND PREVENTION, ROBERT R. REDFIELD, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF JUSTICE, NINA B WITKOFSKY (Attachments: # 1 Text of Proposed Order)(Myers, Steven) (Entered: 12/21/2020)
1 Text of Proposed Order
View on PACER
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Dec. 21, 2020
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RECAP
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27
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Memorandum in opposition to re 6 MOTION for Summary Judgment (Expedited) filed by ALEX M. AZAR, II, WILLIAM P. BARR, CENTERS FOR DISEASE CONTROL AND PREVENTION, ROBERT R. REDFIELD, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Myers, Steven) (Entered: 12/21/2020)
1 Text of Proposed Order
View on PACER
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Dec. 21, 2020
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RECAP
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28
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Memorandum in opposition to re 26 MOTION for Summary Judgment filed by ALABAMA ASSOCIATION OF REALTORS, DANNY FORDHAM, FORDHAM & ASSOCIATES, LLC, GEORGIA ASSOCIATION OF REALTORS, ROBERT GILSTRAP, H.E. CAUTHEN LAND AND DEVELOPMENT, LLC, TITLE ONE MANAGEMENT, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Shumate, Brett) (Entered: 12/28/2020)
1 Exhibit A
View on PACER
2 Exhibit B
View on PACER
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Dec. 28, 2020
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RECAP
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29
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REPLY to opposition to motion re 6 MOTION for Summary Judgment (Expedited) filed by ALABAMA ASSOCIATION OF REALTORS, DANNY FORDHAM, FORDHAM & ASSOCIATES, LLC, GEORGIA ASSOCIATION OF REALTORS, ROBERT GILSTRAP, H.E. CAUTHEN LAND AND DEVELOPMENT, LLC, TITLE ONE MANAGEMENT, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Shumate, Brett) (Entered: 12/28/2020)
1 Exhibit A
View on PACER
2 Exhibit B
View on PACER
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Dec. 28, 2020
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RECAP
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30
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NOTICE of Congressional Action by ALEX M. AZAR, II, WILLIAM P. BARR, CENTERS FOR DISEASE CONTROL AND PREVENTION, ROBERT R. REDFIELD, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF JUSTICE, NINA B WITKOFSKY (Vigen, Leslie) (Entered: 12/31/2020)
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Dec. 31, 2020
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RECAP
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31
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REPLY to opposition to motion re 26 MOTION for Summary Judgment filed by ALEX M. AZAR, II, WILLIAM P. BARR, CENTERS FOR DISEASE CONTROL AND PREVENTION, ROBERT R. REDFIELD, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF JUSTICE, NINA B WITKOFSKY. (Vigen, Leslie) (Entered: 01/06/2021)
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Jan. 6, 2021
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RECAP
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32
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Partial MOTION to Dismiss by ALEX M. AZAR, II, WILLIAM P. BARR, CENTERS FOR DISEASE CONTROL AND PREVENTION, ROBERT R. REDFIELD, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF JUSTICE, NINA B WITKOFSKY (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Vigen, Leslie) (Entered: 01/06/2021)
1 Memorandum in Support
View on RECAP
2 Text of Proposed Order
View on PACER
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Jan. 6, 2021
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PACER
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33
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Consent MOTION to Stay by ALABAMA ASSOCIATION OF REALTORS, DANNY FORDHAM, FORDHAM & ASSOCIATES, LLC, GEORGIA ASSOCIATION OF REALTORS, ROBERT GILSTRAP, H.E. CAUTHEN LAND AND DEVELOPMENT, LLC, TITLE ONE MANAGEMENT, LLC (Attachments: # 1 Text of Proposed Order)(Shumate, Brett) (Entered: 01/07/2021)
1 Text of Proposed Order
View on PACER
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Jan. 7, 2021
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RECAP
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MINUTE ORDER. Upon consideration of the plaintiffs' 33 Consent Motion for a Temporary Stay, it is ORDERED that the motion is GRANTED. The plaintiffs' deadline to respond to the defendants' 32 Partial Motion to Dismiss is STAYED. On or before February 8, 2021, the parties shall file a joint status report advising the Court as to how they wish to proceed in this case. So Ordered by Judge Dabney L. Friedrich on January 8, 2021. (lcdlf2)
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Jan. 8, 2021
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PACER
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Set/Reset Deadlines: Status Report due by 2/8/2021 (zjch)
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Jan. 8, 2021
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PACER
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34
|
NOTICE of Appearance by Charlotte Taylor on behalf of All Plaintiffs (Taylor, Charlotte) (Entered: 01/26/2021)
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Jan. 26, 2021
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PACER
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35
|
NOTICE of Extension by ALEX M. AZAR, II, WILLIAM P. BARR, CENTERS FOR DISEASE CONTROL AND PREVENTION, ROBERT R. REDFIELD, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF JUSTICE, NINA B WITKOFSKY (Attachments: # 1 Exhibit January 29, 2021 CDC Order)(Vigen, Leslie) (Entered: 02/01/2021)
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Feb. 1, 2021
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PACER
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36
|
Joint STATUS REPORT by ALABAMA ASSOCIATION OF REALTORS, DANNY FORDHAM, FORDHAM & ASSOCIATES, LLC, GEORGIA ASSOCIATION OF REALTORS, ROBERT GILSTRAP, H.E. CAUTHEN LAND AND DEVELOPMENT, LLC, TITLE ONE MANAGEMENT, LLC. (Shumate, Brett) (Entered: 02/08/2021)
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Feb. 8, 2021
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PACER
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MINUTE ORDER. Upon consideration of the parties' 36 Joint Status Report, it is ORDERED that the following schedule shall govern further proceedings: the plaintiffs shall file a response to the defendants' partial motion to dismiss on or before February 15, 2021; the defendants shall file a reply in support of their partial motion to dismiss on or before February 22, 2021; the defendants shall file an updated certified list of the contents of the administrative record on or before February 22, 2021; and the plaintiffs shall file an appendix pursuant to Local Civil Rule 7(n) on or before February 24, 2021. So Ordered by Judge Dabney L. Friedrich on February 10, 2021. (lcdlf2)
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Feb. 10, 2021
|
PACER
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Set/Reset Deadlines: Administrative Record due by 2/22/2021. Appendix due by 2/24/2021. Dispositive Motions due by 2/15/2021. Reply to Dispositive Motions due by 2/22/2021. (zjch)
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Feb. 10, 2021
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PACER
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|
.Order
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Feb. 10, 2021
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PACER
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37
|
Memorandum in opposition to re 32 Partial MOTION to Dismiss filed by ALABAMA ASSOCIATION OF REALTORS, DANNY FORDHAM, FORDHAM & ASSOCIATES, LLC, GEORGIA ASSOCIATION OF REALTORS, ROBERT GILSTRAP, H.E. CAUTHEN LAND AND DEVELOPMENT, LLC, TITLE ONE MANAGEMENT, LLC. (Attachments: # 1 Text of Proposed Order)(Shumate, Brett) (Entered: 02/15/2021)
1 Text of Proposed Order
View on PACER
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Feb. 15, 2021
|
RECAP
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38
|
REPLY to opposition to motion re 32 Partial MOTION to Dismiss filed by ALEX M. AZAR, II, WILLIAM P. BARR, CENTERS FOR DISEASE CONTROL AND PREVENTION, ROBERT R. REDFIELD, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF JUSTICE, NINA B WITKOFSKY. (Vigen, Leslie) (Entered: 02/22/2021)
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Feb. 22, 2021
|
RECAP
|
39
|
NOTICE of Filing by ALEX M. AZAR, II, WILLIAM P. BARR, CENTERS FOR DISEASE CONTROL AND PREVENTION, ROBERT R. REDFIELD, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF JUSTICE, NINA B WITKOFSKY (Attachments: # 1 Affidavit Certification of Supplemental Administrative Record, # 2 Supplement Index of Supplemental Administrative Record)(Vigen, Leslie) (Entered: 02/22/2021)
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Feb. 22, 2021
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PACER
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40
|
JOINT APPENDIX by ALABAMA ASSOCIATION OF REALTORS, DANNY FORDHAM, FORDHAM & ASSOCIATES, LLC, GEORGIA ASSOCIATION OF REALTORS, ROBERT GILSTRAP, H.E. CAUTHEN LAND AND DEVELOPMENT, LLC, TITLE ONE MANAGEMENT, LLC. (Attachments: # 1 Index of Joint Appendix, # 2 Joint Appendix Part 1, # 3 Joint Appendix Part 2, # 4 Joint Appendix Part 3)(Shumate, Brett) (Entered: 02/24/2021)
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Feb. 24, 2021
|
PACER
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41
|
NOTICE OF SUPPLEMENTAL AUTHORITY by ALABAMA ASSOCIATION OF REALTORS, DANNY FORDHAM, FORDHAM & ASSOCIATES, LLC, GEORGIA ASSOCIATION OF REALTORS, ROBERT GILSTRAP, H.E. CAUTHEN LAND AND DEVELOPMENT, LLC, TITLE ONE MANAGEMENT, LLC (Attachments: # 1 Opinion and Order, # 2 Judgment)(Shumate, Brett) (Entered: 02/26/2021)
1 Opinion and Order
View on PACER
2 Judgment
View on PACER
|
Feb. 26, 2021
|
RECAP
|
42
|
RESPONSE re 41 NOTICE OF SUPPLEMENTAL AUTHORITY, filed by ALEX M. AZAR, II, WILLIAM P. BARR, CENTERS FOR DISEASE CONTROL AND PREVENTION, ROBERT R. REDFIELD, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF JUSTICE, NINA B WITKOFSKY. (Myers, Steven) (Entered: 02/27/2021)
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Feb. 27, 2021
|
RECAP
|
43
|
REPLY re 41 NOTICE OF SUPPLEMENTAL AUTHORITY, filed by ALABAMA ASSOCIATION OF REALTORS, DANNY FORDHAM, FORDHAM & ASSOCIATES, LLC, GEORGIA ASSOCIATION OF REALTORS, ROBERT GILSTRAP, H.E. CAUTHEN LAND AND DEVELOPMENT, LLC, TITLE ONE MANAGEMENT, LLC. (Shumate, Brett) (Entered: 02/28/2021)
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Feb. 28, 2021
|
RECAP
|
44
|
NOTICE OF SUPPLEMENTAL AUTHORITY by ALABAMA ASSOCIATION OF REALTORS, DANNY FORDHAM, FORDHAM & ASSOCIATES, LLC, GEORGIA ASSOCIATION OF REALTORS, ROBERT GILSTRAP, H.E. CAUTHEN LAND AND DEVELOPMENT, LLC, TITLE ONE MANAGEMENT, LLC (Attachments: # 1 Exhibit A)(Shumate, Brett) (Entered: 03/10/2021)
1 Exhibit A
View on PACER
|
March 10, 2021
|
RECAP
|
45
|
RESPONSE re 44 NOTICE OF SUPPLEMENTAL AUTHORITY, filed by ALEX M. AZAR, II, WILLIAM P. BARR, CENTERS FOR DISEASE CONTROL AND PREVENTION, ROBERT R. REDFIELD, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF JUSTICE, NINA B WITKOFSKY. (Vigen, Leslie) (Entered: 03/12/2021)
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March 12, 2021
|
RECAP
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46
|
REPLY re 44 NOTICE OF SUPPLEMENTAL AUTHORITY, filed by ALABAMA ASSOCIATION OF REALTORS, DANNY FORDHAM, FORDHAM & ASSOCIATES, LLC, GEORGIA ASSOCIATION OF REALTORS, ROBERT GILSTRAP, H.E. CAUTHEN LAND AND DEVELOPMENT, LLC, TITLE ONE MANAGEMENT, LLC. (Shumate, Brett) (Entered: 03/15/2021)
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March 15, 2021
|
PACER
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47
|
NOTICE OF SUPPLEMENTAL AUTHORITY by ALABAMA ASSOCIATION OF REALTORS, DANNY FORDHAM, FORDHAM & ASSOCIATES, LLC, GEORGIA ASSOCIATION OF REALTORS, ROBERT GILSTRAP, H.E. CAUTHEN LAND AND DEVELOPMENT, LLC, TITLE ONE MANAGEMENT, LLC (Attachments: # 1 Exhibit A)(Shumate, Brett) (Entered: 03/15/2021)
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March 15, 2021
|
PACER
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48
|
RESPONSE re 47 NOTICE OF SUPPLEMENTAL AUTHORITY, filed by ALEX M. AZAR, II, WILLIAM P. BARR, CENTERS FOR DISEASE CONTROL AND PREVENTION, ROBERT R. REDFIELD, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF JUSTICE, NINA B WITKOFSKY. (Vigen, Leslie) (Entered: 03/19/2021)
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March 19, 2021
|
PACER
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49
|
NOTICE of Imminent Extension of Eviction Moratorium by ALABAMA ASSOCIATION OF REALTORS, DANNY FORDHAM, FORDHAM & ASSOCIATES, LLC, GEORGIA ASSOCIATION OF REALTORS, ROBERT GILSTRAP, H.E. CAUTHEN LAND AND DEVELOPMENT, LLC, TITLE ONE MANAGEMENT, LLC (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Shumate, Brett) (Entered: 03/22/2021)
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March 22, 2021
|
PACER
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50
|
NOTICE of Extension and Supplemental Authority by ALABAMA ASSOCIATION OF REALTORS, DANNY FORDHAM, FORDHAM & ASSOCIATES, LLC, GEORGIA ASSOCIATION OF REALTORS, ROBERT GILSTRAP, H.E. CAUTHEN LAND AND DEVELOPMENT, LLC, TITLE ONE MANAGEMENT, LLC (Attachments: # 1 Exhibit A - Extension of Eviction Moratorium, # 2 Exhibit B - Sixth Circuit Order)(Shumate, Brett) (Entered: 03/29/2021)
1 Exhibit A - Extension of Eviction Moratorium
View on PACER
2 Exhibit B - Sixth Circuit Order
View on PACER
|
March 29, 2021
|
RECAP
|
51
|
RESPONSE re 50 Notice (Other), of Extension and Supplemental Authority filed by ALEX M. AZAR, II, WILLIAM P. BARR, CENTERS FOR DISEASE CONTROL AND PREVENTION, ROBERT R. REDFIELD, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF JUSTICE, NINA B WITKOFSKY. (Vigen, Leslie) (Entered: 03/31/2021)
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March 31, 2021
|
PACER
|
|
NOTICE of Hearing: Motion Hearing set for 4/14/2021 at 2:00 PM via video before Judge Dabney L. Friedrich. (zjch)
|
April 2, 2021
|
PACER
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52
|
NOTICE of Filing by ALEX M. AZAR, II, WILLIAM P. BARR, CENTERS FOR DISEASE CONTROL AND PREVENTION, ROBERT R. REDFIELD, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF JUSTICE, NINA B WITKOFSKY (Attachments: # 1 Declaration Certification of Second Supplemental Administrative Record, # 2 Supplement Index of Second Supplemental Administrative Record, # 3 Supplement Supplement to Certified Administrative Record)(Vigen, Leslie) (Entered: 04/07/2021)
1 Declaration Certification of Second Supplemental Administrative Record
View on PACER
2 Supplement Index of Second Supplemental Administrative Record
View on PACER
3 Supplement Supplement to Certified Administrative Record
View on PACER
|
April 7, 2021
|
RECAP
|
|
Set/Reset Hearings: Motion Hearing set for 4/29/2021 at 10:00 AM via video before Judge Dabney L. Friedrich. (zjch)
|
April 8, 2021
|
PACER
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Minute Entry for proceedings held before Judge Dabney L. Friedrich: Motion Hearing held on 4/29/2021 re 32 Partial MOTION to Dismiss filed by NINA B WITKOFSKY, CENTERS FOR DISEASE CONTROL AND PREVENTION, WILLIAM P. BARR, ROBERT R. REDFIELD, UNITED STATES DEPARTMENT OF JUSTICE, ALEX M. AZAR, II, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, 26 MOTION for Summary Judgment filed by NINA B WITKOFSKY, CENTERS FOR DISEASE CONTROL AND PREVENTION, WILLIAM P. BARR, ROBERT R. REDFIELD, UNITED STATES DEPARTMENT OF JUSTICE, ALEX M. AZAR, II, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. Court Reporter Sara Wick. (zjch)
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April 29, 2021
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PACER
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MINUTE ORDER. Before the Court is the defendants' 57 Emergency Motion for a Stay Pending Appeal of this Court's 53 May 5, 2021 Order vacating the national eviction moratorium at 86 Fed. Reg. 16,731. In this emergency motion, the defendants request an immediate administrative stay to give this Court time to consider and rule upon its motion to stay this case pending appeal. Alternatively, the defendants request that the Court stay its 53 May 5, 2021 Order as to all parties except for the plaintiffs. Defs.' Emergency Mot. for a Stay Pending Appeal at 1 n.1, 8-9, Dkt. 57. Although the plaintiffs have not yet filed an opposition to the defendants' motion, which was filed at 6:54 p.m. this evening, the defendants represent that the plaintiffs oppose the motion. Id. at 1 n.1. In order to give the Court time to consider the merits of the defendants' 57 Emergency Motion for a Stay Pending Appeal, and the plaintiffs time to file an opposition to the motion, the Court will grant the defendants' request for a temporary administrative stay. This Minute Order should not be construed in any way as a ruling on the merits of the defendants' motion. The Court notes, however, that, as the Court has explained, see Mem. Op. at 19, Dkt. 54, the law in this Circuit is clear: where a court concludes that an agency has exceeded its statutory authority, as this Court has done here, see Mem. Op. at 17, vacatur of the rule is the proper remedy in this Circuit. See Nat'l Mining Ass'n v. U.S. Army Corps of Eng'rs, 145 F.3d 1399, 1409 (D.C. Cir. 1998). Based on this clear authority, courts in this Circuit do not restrict vacatur only to those plaintiffs before the Court. See, e.g., O.A. v. Trump, 404 F. Supp. 3d 109, 152-53 (D.D.C. 2019). Indeed, the government has been unable to point to a single case in which a court in this Circuit has done so. See Mot. Hr'g Rough Tr. at 31. Accordingly, it is ORDERED that the Court's 53 May 5, 2021 Order is administratively STAYED. It is further ORDERED that the plaintiffs shall file any opposition to the defendants' motion on or before May 12, 2021, and the defendants shall file any reply within four days of the date the plaintiffs' opposition is filed. So Ordered by Judge Dabney L. Friedrich on May 5, 2021. (lcdlf1)
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May 5, 2021
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PACER
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Set/Reset Deadlines: Responses due by 5/12/2021 (zjch)
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May 5, 2021
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PACER
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USCA Case Number 21-5093 for 55 Notice of Appeal to DC Circuit Court, filed by NINA B WITKOFSKY, CENTERS FOR DISEASE CONTROL AND PREVENTION, WILLIAM P. BARR, ROBERT R. REDFIELD, UNITED STATES DEPARTMENT OF JUSTICE, ALEX M. AZAR, II, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (eg)
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May 5, 2021
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PACER
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53
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ORDER denying the defendants' 26 Motion for Summary Judgment and 32 Partial Motion to Dismiss, and granting the plaintiffs' 6 Motion for Expedited Summary Judgment. See text for details. The Clerk of Court is directed to close this case. Signed by Judge Dabney L. Friedrich on May 5, 2021. (lcdlf1) (Entered: 05/05/2021)
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May 5, 2021
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RECAP
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54
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MEMORANDUM OPINION regarding the plaintiffs' 6 Motion for Expedited Summary Judgment and the defendants' 26 Motion for Summary Judgment and 32 Partial Motion to Dismiss. See text for details. Signed by Judge Dabney L. Friedrich on May 5, 2021. (lcdlf1) (Main Document 54 replaced on 8/26/2021) (zjch, ). (Entered: 05/05/2021)
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May 5, 2021
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55
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NOTICE OF APPEAL TO DC CIRCUIT COURT as to 54 Memorandum & Opinion, 53 Order on Motion for Summary Judgment,, Order on Motion to Dismiss,,, by WILLIAM P. BARR, ALEX M. AZAR, II, CENTERS FOR DISEASE CONTROL AND PREVENTION, NINA B WITKOFSKY, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF JUSTICE, ROBERT R. REDFIELD. Fee Status: No Fee Paid. Parties have been notified. (Vigen, Leslie) (Entered: 05/05/2021)
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May 5, 2021
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56
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Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals docketing fee was not paid because the appeal was filed by the government re 55 Notice of Appeal to DC Circuit Court,. (eg) (Entered: 05/05/2021)
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May 5, 2021
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RECAP
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57
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Emergency MOTION to Stay re 54 Memorandum & Opinion, 53 Order on Motion for Summary Judgment,, Order on Motion to Dismiss,,, (Emergency Motion for Stay Pending Appeal and Immediate Administrative Stay) by ALEX M. AZAR, II, WILLIAM P. BARR, CENTERS FOR DISEASE CONTROL AND PREVENTION, ROBERT R. REDFIELD, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF JUSTICE, NINA B WITKOFSKY. (Attachments: # 1 Text of Proposed Order)(Myers, Steven) (Entered: 05/05/2021)
1 Text of Proposed Order
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May 5, 2021
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.Order
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May 6, 2021
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PACER
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Set/Reset Deadlines
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May 6, 2021
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PACER
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USCA Case Number
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May 6, 2021
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PACER
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58
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Memorandum in opposition to re 57 Emergency MOTION to Stay re 54 Memorandum & Opinion, 53 Order on Motion for Summary Judgment,, Order on Motion to Dismiss,,, (Emergency Motion for Stay Pending Appeal and Immediate Administrative Stay) filed by ALABAMA ASSOCIATION OF REALTORS, DANNY FORDHAM, FORDHAM & ASSOCIATES, LLC, GEORGIA ASSOCIATION OF REALTORS, ROBERT GILSTRAP, H.E. CAUTHEN LAND AND DEVELOPMENT, LLC, TITLE ONE MANAGEMENT, LLC. (Attachments: # 1 Proposed Order)(Shumate, Brett) (Entered: 05/07/2021)
1 Proposed Order
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May 7, 2021
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RECAP
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59
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REPLY to opposition to motion re 57 Emergency MOTION to Stay re 54 Memorandum & Opinion, 53 Order on Motion for Summary Judgment,, Order on Motion to Dismiss,,, (Emergency Motion for Stay Pending Appeal and Immediate Administrative Stay) filed by ALEX M. AZAR, II, WILLIAM P. BARR, CENTERS FOR DISEASE CONTROL AND PREVENTION, ROBERT R. REDFIELD, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF JUSTICE, NINA B WITKOFSKY. (Myers, Steven) (Entered: 05/11/2021)
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May 11, 2021
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60
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ORDER granting the defendants' 57 Emergency Motion for Stay Pending Appeal. See text for details. Signed by Judge Dabney L. Friedrich on May 14, 2021. (lcdlf1) (Entered: 05/14/2021)
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May 14, 2021
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61
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MEMORANDUM OPINION regarding the defendants' 57 Emergency Motion for Stay Pending Appeal. See text for details. Signed by Judge Dabney L. Friedrich on May 14, 2021. (lcdlf1) (Entered: 05/14/2021)
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May 14, 2021
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62
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NOTICE by ALABAMA ASSOCIATION OF REALTORS, DANNY FORDHAM, FORDHAM & ASSOCIATES, LLC, GEORGIA ASSOCIATION OF REALTORS, ROBERT GILSTRAP, H.E. CAUTHEN LAND AND DEVELOPMENT, LLC, TITLE ONE MANAGEMENT, LLC (Shumate, Brett) (Entered: 05/17/2021)
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May 17, 2021
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RECAP
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64
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LEAVE TO FILE DENIED- Motion for Joinder This document is unavailable as the Court denied its filing. "Leave to filed DENIED. The Court closed this case on May 5, 2021". Signed by Judge Dabney L. Friedrich on May 17, 2021. (zeg) (Entered: 05/21/2021)
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May 17, 2021
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PACER
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63
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RESPONSE re 62 Notice (Other) filed by ALEX M. AZAR, II, WILLIAM P. BARR, CENTERS FOR DISEASE CONTROL AND PREVENTION, ROBERT R. REDFIELD, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF JUSTICE, NINA B WITKOFSKY. (Myers, Steven) (Entered: 05/19/2021)
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May 19, 2021
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NOTICE OF ERROR re 62 Notice (Other); emailed to bshumate@jonesday.com, cc'd 13 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect header/caption/case number, 2. FYI: All documents must be filed in PROPER PLEADING FORMAT. Letters are not accepted unless leave to file has been granted, (zeg, )
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May 21, 2021
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PACER
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65
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TRANSCRIPT OF MOTIONS HEARING before Judge Dabney L. Friedrich, held on 04/29/2021. Page Numbers: 1-44. Date of Issuance: 06/14/2021. Court Reporter: Sara Wick, telephone number 202-354-3284. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 7/5/2021. Redacted Transcript Deadline set for 7/15/2021. Release of Transcript Restriction set for 9/12/2021.(Wick, Sara) (Entered: 06/14/2021)
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June 14, 2021
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RECAP
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66
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NOTICE by ALEX M. AZAR, II, WILLIAM P. BARR, CENTERS FOR DISEASE CONTROL AND PREVENTION, ROBERT R. REDFIELD, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF JUSTICE, NINA B WITKOFSKY (Myers, Steven) (Entered: 08/03/2021)
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Aug. 3, 2021
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RECAP
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67
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Emergency MOTION to Enforce the Supreme Court's Ruling and MOTION to Vacate the Stay Pending Appeal by ALABAMA ASSOCIATION OF REALTORS, DANNY FORDHAM, FORDHAM & ASSOCIATES, LLC, GEORGIA ASSOCIATION OF REALTORS, ROBERT GILSTRAP, H.E. CAUTHEN LAND AND DEVELOPMENT, LLC, TITLE ONE MANAGEMENT, LLC. (Attachments: # 1 Text of Proposed Order)(Shumate, Brett). Added MOTION to Vacate on 8/5/2021 (eg). (Entered: 08/04/2021)
1 Text of Proposed Order
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Aug. 4, 2021
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MINUTE ORDER. It is ORDERED that the defendants shall file any opposition to the plaintiffs' 67 Emergency Motion before August 6, 2021 at 9:00 a.m. The plaintiffs shall file any reply before August 6, 2021 at 7:00 p.m. So Ordered by Judge Dabney L. Friedrich on August 5, 2021. (lcdlf1)
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Aug. 5, 2021
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PACER
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Order
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Aug. 5, 2021
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PACER
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68
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NOTICE of Appearance by John Robinson on behalf of All Defendants (Robinson, John) (Entered: 08/05/2021)
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Aug. 5, 2021
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PACER
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~Util - Set/Reset Deadlines AND .Order
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Aug. 5, 2021
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PACER
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Order
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Aug. 6, 2021
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PACER
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Notice of Hearing
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Aug. 6, 2021
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PACER
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69
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Memorandum in opposition to re 67 Emergency MOTION to Enforce the Supreme Court's Ruling and Vacate the Stay Pending Appeal MOTION to Vacate filed by ALEX M. AZAR, II, WILLIAM P. BARR, CENTERS FOR DISEASE CONTROL AND PREVENTION, ROBERT R. REDFIELD, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF JUSTICE, NINA B WITKOFSKY. (Attachments: # 1 Text of Proposed Order)(Myers, Steven) (Entered: 08/06/2021)
1 Text of Proposed Order
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Aug. 6, 2021
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RECAP
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70
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MOTION Leave to file brief as amicus curiae re 67 Emergency MOTION to Enforce the Supreme Court's Ruling and Vacate the Stay Pending Appeal MOTION to Vacate by Third Amendment Lawyers Association. (Attachments: # 1 Exhibit Amicus Brief, # 2 Text of Proposed Order)(Wolman, Jay) (Entered: 08/06/2021)
1 Exhibit Amicus Brief
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2 Text of Proposed Order
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Aug. 6, 2021
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RECAP
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MINUTE ORDER scheduling a hearing by videoconference on the plaintiffs' 67 Emergency Motion on August 9, 2021 at 10:00 a.m. So Ordered by Judge Dabney L. Friedrich on August 6, 2021. (lcdlf1)
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Aug. 6, 2021
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PACER
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71
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REPLY to opposition to motion re 67 Emergency MOTION to Enforce the Supreme Court's Ruling and Vacate the Stay Pending Appeal MOTION to Vacate filed by ALABAMA ASSOCIATION OF REALTORS, DANNY FORDHAM, FORDHAM & ASSOCIATES, LLC, GEORGIA ASSOCIATION OF REALTORS, ROBERT GILSTRAP, H.E. CAUTHEN LAND AND DEVELOPMENT, LLC, TITLE ONE MANAGEMENT, LLC. (Shumate, Brett) (Entered: 08/06/2021)
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Aug. 6, 2021
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NOTICE of Hearing: Motion Hearing set for 8/9/2021 at 10:00 AM via video before Judge Dabney L. Friedrich. (zjch)
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Aug. 6, 2021
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PACER
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72
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NOTICE of Appearance by Brian D. Netter on behalf of All Defendants (Netter, Brian) (Entered: 08/06/2021)
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Aug. 6, 2021
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PACER
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