Case: United Utah Party v. Cox

Case has been indexed and assigned to Judge David Nuffer. Plaintiffs Aaron Aizad, Jim Bennett, Vaughn R. Cook, Diane Knight, United Utah Party is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 400.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (dla) (Entered: 06/21/2017)

COMPLAINT against All Defendants (Filing fee $ 400, receipt number 1088-2781135) filed by United Utah Party, Jim Bennett, Vaughn R. Cook, Aaron Aizad, Diane Knight. (Attachments: # 1 Exhibit Exhibit 1, # 2 Civil Cover Sheet Civil Cover Sheet) Assigned to Judge David Nuffer (Hayman, Cheylynn) (Entered: 06/21/2017)

1 Exhibit Exhibit 1

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2 Civil Cover Sheet Civil Cover Sheet

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**RESTRICTED DOCUMENT**Summons Issued Electronically as to Spencer J. Cox. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (tlh) (Entered: 06/21/2017)

MOTION for Admission Pro Hac Vice of Bryan L. Sells, Registration fee $ 250, receipt number 1088-2781230, filed by Plaintiffs Aaron Aizad, Jim Bennett, Vaughn R. Cook, Diane Knight, United Utah Party. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3)(Hayman, Cheylynn) (Entered: 06/21/2017)

MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Plaintiffs Aaron Aizad, Jim Bennett, Vaughn R. Cook, Diane Knight, United Utah Party. (Hayman, Cheylynn). Added MOTION for Preliminary Injunction and removed incorrectly added text on 7/10/2017 (alt) (Entered: 06/21/2017)

MOTION to Expedite Briefing and Hearing regarding Plaintiff's Temporary Restraining Order and Preliminary Injunction filed by Plaintiffs Aaron Aizad, Jim Bennett, Vaughn R. Cook, Diane Knight, United Utah Party. (Hayman, Cheylynn) (Entered: 06/21/2017)

NOTICE OF HEARING: Status Report and Scheduling Conference set for Monday, 6/26/2017 at 02:30 PM in Rm 3.100 before Judge David Nuffer. Prior to the hearing, the parties shall meet and confer about the briefing and hearing schedule for Plaintiffs' 5 Motion for Temporary Restraining Order and Preliminary Injunction, as raised in the 6 Ex Parte Motion for Expedited Briefing and Hearing, which will be addressed at the hearing. (mjt) (Entered: 06/21/2017)

ERRATA to 6 MOTION to Expedite Briefing and Hearing regarding Plaintiff's Temporary Restraining Order and Preliminary Injunction filed by Plaintiffs Aaron Aizad, Jim Bennett, Vaughn R. Cook, Diane Knight, United Utah Party . (Attachments: # 1 Exhibit 1)(Hayman, Cheylynn) (Entered: 06/21/2017)

NOTICE of Appearance by David N. Wolf on behalf of Spencer J. Cox (Wolf, David) (Entered: 06/22/2017)

NOTICE of Appearance by Thomas D. Roberts on behalf of Spencer J. Cox (Roberts, Thomas) (Entered: 06/22/2017)

DOCKET TEXT ORDER granting 4 Motion for Admission Pro Hac Vice of Bryan L. Sells for Aaron Aizad,Bryan L. Sells for Jim Bennett,Bryan L. Sells for Vaughn R. Cook,Bryan L. Sells for Diane Knight,Bryan L. Sells for United Utah Party. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov Signed by Judge David Nuffer on 6/23/2017. No attached document. (jds) (Entered: 06/23/2017)

Order on Motion for Admission Pro Hac Vice

Minute Entry for proceedings held before Judge David Nuffer: Counsel present for parties. The parties have reached a scheduling agreement on the plaintiffs motion for TRO/PI 5 . Defense opposition due 7/7/2017 5:00 p.m. Plaintiff reply due 7/12/2017 5:00 p.m. Hearing set 7/14/2017 at 8:30 a.m. Court adopted the schedule.Mr. Roberts addressed how a party becomes a registered political party. Counsel addressed the two special elections statutes and the Lt. Gov. Spencer Coxs order. Further case law discussed.Defense intend to file their answer prior to 7/14/2017. Stipulated facts to be filed prior to 7/7/2017, along with statements that may require evidence. Court instructed counsel to also keep 7/13/2017 for potential argument in addition to 7/14/2017. Defense will provide plaintiffs counsel their proposed stipulated facts by 6/30/2017. Court adjourned.Status Conference held on 6/26/2017, Scheduling Conference held on 6/26/2017, Set Deadlines/Hearing as to 5 MOTION for Temporary Restraining Order and Preliminary Injunction :( Responses due by 7/7/2017, Replies due by 7/12/2017., Motion Hearing set for 7/14/2017 at 08:30 AM in Rm 3.100 before Judge David Nuffer.). Attorney for Plaintiff: Bryan Sells, Cheylynn Hayman, Attorney for Defendant: David Wolf, Thomas Roberts. Court Reporter: Kelly Hicken.(Time Start: 2:28, Time End: 3:04, Room 3.100.)(asb) (Entered: 06/26/2017)

ORDER FOR SCHEDULE. Signed by Judge David Nuffer on 6/28/17 (alt) (Entered: 06/29/2017)

ORDER REFERRING CASE to Magistrate Judge Paul M. Warner under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. Judge Warner to address the emergency discovery dispute which plaintiff's counsel contacted Judge Nuffer's chambers on 7/7/2017. No attached document. Signed by Judge David Nuffer on 7/7/72017. (asb) (Entered: 07/07/2017)

Order Referring Case to Magistrate Judge

NOTICE OF HEARING: (Notice generated by PMW chambers) Telephone Conference re: Discovery Issue set for 7/7/2017 at 05:00 PM in Rm 7.100 before Magistrate Judge Paul M. Warner. (ksm) (Entered: 07/07/2017)

Minute Entry for proceedings held before Magistrate Judge Paul M. Warner: Telephone Conference re: discovery held on 7/7/2017. Counsel for all parties appeared by telephone.The court hears from all parties.The court rules that the deposition of Mr. Thomas will be taken on Wednesday morning at 8:00 am. The deposition will last no longer than 4 hours without permission from the court. Attorney for Plaintiff: Cheylynn Hayman and Bryan Sells, Attorney for Defendant: David Wolf and Thomas Roberts. Court Reporter: electronic.(Time Start: 5:00:21 pm, Time End: 5:18:53 pm, Room 7.100.)(ksm) (Entered: 07/07/2017)

Defendant's MEMORANDUM in Opposition re 5 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Defendant Spencer J. Cox. (Attachments: # 1 Exhibit 1. Stipulated Facts, # 2 Exhibit 2. Declaration of Mark Thomas, # 3 Exhibit 3. Letter from R. Davis, # 4 Exhibit 4. Teng v. Cox, Proposed Final Order)(Wolf, David) (Entered: 07/07/2017)

1 Exhibit 1. Stipulated Facts

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2 Exhibit 2. Declaration of Mark Thomas

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3 Exhibit 3. Letter from R. Davis

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4 Exhibit 4. Teng v. Cox, Proposed Final Order

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REFILED CORRECTLY AS 23 AFF/DEC IN OPPOSITION - DECLARATION of Mark Thomas filed by Spencer J. Cox. (Wolf, David) Modified on 7/11/2017: added re-filing info (alt) (Entered: 07/07/2017)

STIPULATION - STIPULATED FACTS by Spencer J. Cox. (Attachments: # 1 Exhibit Governor Herbert Writ of Election, Utah Executive Order/Proclamation No. 2017-3, # 2 Exhibit Lieutenant Governor order setting forth a special election, # 3 Exhibit Lieutenant Governors certification letter, # 4 Exhibit Letter from T. Roberts to C. Hayman)(Wolf, David) (Entered: 07/07/2017)

STIPULATION Re Disputed Facts and Issues that May Require Evidence by Aaron Aizad, Jim Bennett, Vaughn R. Cook, Diane Knight, United Utah Party. (Hayman, Cheylynn) (Entered: 07/07/2017)

EXHIBITS RE-FILED CORRECTLY AS 23 AFF/DEC IN OPPOSITION - SEALED ERRATA to 18 Declaration filed by Defendant Spencer J. Cox. (Attachments: # 1 Exhibit 1. State of Utah 2017 Special Election Candidate Manual, # 2 Exhibit 2. Documents filed by the United Utah Party in its initial petition, excluding the signatures of registered voters)(Wolf, David) Modified on 7/11/2017: sealed per 24 Order and added re-filing info (alt) (Entered: 07/10/2017)

Defendant's MOTION to Seal re 21 Errata, filed by Defendant Spencer J. Cox. (Attachments: # 1 Text of Proposed Order) Motions referred to Paul M. Warner.(Roberts, Thomas) (Entered: 07/10/2017)

AFFIDAVIT/DECLARATION of Mark Thomas in Opposition re 5 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Defendant Spencer J. Cox. (Attachments: # 1 Exhibit 1. State of Utah 2017 Special Election Candidate Manual, # 2 Exhibit 2. Documents filed by the United Utah Party in its initial petition, excluding the signatures of registered voters)(Roberts, Thomas) (Entered: 07/10/2017)

ORDER granting 22 Motion to Seal 21 Errata. Signed by Judge David Nuffer on 7/11/17 (alt) (Entered: 07/11/2017)

**RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Report and Scheduling Conference held on June 26, 2017, before Judge David Nuffer. Court Reporter/Transcriber Kelly Brown Hicken CSR, RPR, RMR, Telephone number 801-524-7238. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/1/2017. Redacted Transcript Deadline set for 8/11/2017. Release of Transcript Restriction set for 10/10/2017 (alt) (Entered: 07/11/2017)

Stipulated MOTION for Leave to File Overlength Reply Memorandum filed by Plaintiffs Aaron Aizad, Jim Bennett, Vaughn R. Cook, Diane Knight, United Utah Party. (Attachments: # 1 Text of Proposed Order Order Granting Motion for Leave) Motions referred to Paul M. Warner.(Hayman, Cheylynn) (Entered: 07/11/2017)

DOCKET TEXT ORDER granting 27 Motion for Leave to File Signed by Magistrate Judge Paul M. Warner on 07/12/2017. No attached document. (an) (Entered: 07/12/2017)

Order on Motion for Leave to File

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

Stipulated MOTION for Extension of Time to File Response/Reply Memorandum filed by Plaintiffs Aaron Aizad, Jim Bennett, Vaughn R. Cook, Diane Knight, United Utah Party. (Attachments: # 1 Text of Proposed Order Order Granting Motion for Extension to File) Motions referred to Paul M. Warner.(Hayman, Cheylynn) (Entered: 07/12/2017)

DOCKET TEXT ORDER granting 29 Stipulated Motion for Extension of Time to File Response/Reply re 5 MOTION for Temporary Restraining Order and Preliminary Injunction. Reply due by Thursday, 7/13/2017 at 12:00 p.m. Signed by Judge David Nuffer on July 12, 2017. No attached document. (mjt) (Entered: 07/12/2017)

Plaintiff's MEMORANDUM in Support re 5 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Plaintiffs Aaron Aizad, Jim Bennett, Vaughn R. Cook, Diane Knight, United Utah Party. (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, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19)(Hayman, Cheylynn) (Entered: 07/13/2017)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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10 Exhibit 10

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11 Exhibit 11

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12 Exhibit 12

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13 Exhibit 13

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14 Exhibit 14

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15 Exhibit 15

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16 Exhibit 16

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17 Exhibit 17

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18 Exhibit 18

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19 Exhibit 19

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NOTICE of Appearance by Andrew Dymek on behalf of Spencer J. Cox (Dymek, Andrew) (Entered: 07/13/2017)

ERRATA filed by Plaintiffs Aaron Aizad, Jim Bennett, Vaughn R. Cook, Diane Knight, United Utah Party Supplementation of Record. (Attachments: # 1 Exhibit Certified Transcript)(Hayman, Cheylynn) (Entered: 07/13/2017)

DEFENDANTS ANSWER to Complaint filed by Spencer J. Cox.(Roberts, Thomas) (Entered: 07/13/2017)

Defendant's RESPONSE re 31 Memorandum in Support of Motion,,, filed by Spencer J. Cox. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Dymek, Andrew) (Entered: 07/13/2017)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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NOTICE of SUPPLEMENTAL AUTHORITY by Spencer J. Cox re 17 Memorandum in Opposition to Motion, (Attachments: # 1 Exhibit 1 - Final Order in Teng v. Cox, Case No. 170903450) (Dymek, Andrew) (Entered: 07/13/2017)

1 Exhibit 1 - Final Order in Teng v. Cox, Case No. 170903450

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NOTICE FROM THE COURT re: Initial SchedulingThe court's IPT Clerk will now set the case for the Initial Pretrial Scheduling Conference (asb) (Entered: 07/14/2017)

Order on Motion for Preliminary Injunction AND Order on Motion for TRO AND Order on Motion to Expedite

Minute Order. Proceedings held before Judge David Nuffer: Counsel present for parties. Court heard oral arguments from Mr. Sells and Mr. Wolf. Parties to correct links/citations in their 17 19 20 31 briefs, then provide the facts in Word format to chambers by emailing dj.nuffer@utd.uscourts.gov.Discussions held between Judge Nuffer and counsel. Stipulated fact reviewed. By Monday, 7/17/2017 5:00 p.m., Mr. Wolf will submit a response to plaintiff's Options A, B, and C proposals.Disputed and supplemental facts discussed. Court will prepare an order on the TRO/PI motion as soon as possible.Court adjourned.taking under advisement 5 Motion for TRO; terminating 6 Motion to Expedite; taking under advisement 5 Motion for Preliminary Injunction; Motion Hearing held on 7/14/2017 re 5 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Jim Bennett, Diane Knight, United Utah Party, Aaron Aizad, Vaughn R. Cook. Written Order to follow oral order: Yes. Attorney for Plaintiff: Bryan Sells, Cheylynn Hayman, Attorney for Defendant David Wolf, Thomas Roberts, Andrew Dymek. Court Reporter: Kelly Hicken.(Time Start: 8:33, Time End: 11:13, Room 3.100.) (asb) (Entered: 07/14/2017)

Defendant's RESPONSE to Plaintiffs Alternative Election Calendar (Options A, B, and C) filed by Spencer J. Cox. (Attachments: # 1 Exhibit 1 - Plaintiffs Alternative Election Calendar (Options A, B, and C))(Wolf, David) (Entered: 07/17/2017)

1 Exhibit 1 - Plaintiffs Alternative Election Calendar (Options A, B, and C)

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ERRATA to 31 Memorandum in Support of Motion,, filed by Plaintiffs Aaron Aizad, Jim Bennett, Vaughn R. Cook, Diane Knight, United Utah Party . (Attachments: # 1 Exhibit 1 Richard Davis Declaration, # 2 Exhibit 2 UUP - Jim Bennett Declaration, # 3 Exhibit Mark Thomas Deposition Transcript, # 4 Exhibit 4 Special Session Proclamation by Governor with Cover, # 5 Exhibit 5 Leatherwood Death Announced, # 6 Exhibit 6 Governor's Message No. 2 (Special Session), # 7 Exhibit 7 Laws Passed at Special Session, # 8 Exhibit 8 Governor's Election Proclamation, # 9 Exhibit 9 State Session Laws of 1869, Chapter 69, # 10 Exhibit 10 Liberty Party Born, # 11 Exhibit 11 Lawrence Nominated, # 12 Exhibit 12 Ticket Filled by New Party, # 13 Exhibit 13 Parties File Two Petitions, # 14 Exhibit 14 Place Liberty Party on File, # 15 Exhibit 15 Second Congressional District General Election Ballot, # 16 Exhibit 16 Loofbourow Elected, # 17 Exhibit 17 Status Report and Scheduling Conference Transcript, # 18 Exhibit 18 Mass Meeting Advertisement, # 19 Exhibit 19 New Liberty Party, Salt Lake Tribune, Sep. 24, 1930)(Hayman, Cheylynn) (Entered: 07/17/2017)

Supplemental MEMORANDUM in Opposition re 5 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Defendant Spencer J. Cox. (Attachments: # 1 Exhibit 1 - Interlocal Cooperation Agreement)(Dymek, Andrew) (Entered: 07/20/2017)

1 Exhibit 1 - Interlocal Cooperation Agreement

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NOTICE OF INITIAL PRETRIAL CONFERENCE: (Notice generated by IPT Clerk)The Attorneys Planning Meeting Report and Proposed Scheduling Order forms, available on the court web site at http://www.utd.uscourts.gov/usdc-forms, should be prepared 21 days before the Initial Pretrial Conference hearing date.NOTICE TO COUNSEL, The Court may enter a scheduling order and vacate the hearing if counsel(a) file a stipulated Attorneys Planning Meeting Report; and(b) e-mail a Proposed Scheduling Order to ipt@utd.uscourts.gov21 days before the scheduled hearing. See instructions at http://www.utd.uscourts.gov/attorney-planning-meeting-and-reportIf counsel or the parties would like to participate by phone they must contact the IPT Clerk at least two days in advance at ipt@utd.uscourts.gov to make arrangements. Initial Pretrial Conference set for 9/13/2017 at 11:00 AM in Rm 7.400 before Magistrate Judge Evelyn J. Furse. (jds) (Entered: 07/26/2017)

**RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion for TRO held on July 14, 2017, before Judge David Nuffer. Court Reporter/Transcriber Kelly Brown Hicken CSR, RPR, RMR, Telephone number 801-524-7238. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/16/2017. Redacted Transcript Deadline set for 8/28/2017. Release of Transcript Restriction set for 10/24/2017 (alt) (Entered: 07/26/2017)

STIPULATION of Supplemental Facts by Aaron Aizad, Jim Bennett, Vaughn R. Cook, Diane Knight, United Utah Party. (Sells, Bryan) (Entered: 08/01/2017)

MEMORANDUM DECISION AND ORDER granting 5 Motion for TRO; granting 5 Motion for Preliminary Injunction. Signed by Judge David Nuffer on 8/2/17 (alt) (Entered: 08/02/2017)

Stipulated MOTION to Continue Dates filed by Defendant Spencer J. Cox. (Attachments: # 1 Text of Proposed Order) Motions referred to Paul M. Warner.(Dymek, Andrew) (Entered: 08/24/2017)

1 Text of Proposed Order

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ORDER granting 47 Stipulated MOTION to Continue Dates. Status Conference set for 10/4/2017 at 03:00 PM in Rm 3.100 before Judge David Nuffer. Signed by Judge David Nuffer on 8/24/17 (alt) (Entered: 08/24/2017)

Status Report Order

Order

Permanent Injunction

1 Text of Proposed Order Order Granting Permanent Injunction Attorneys Fees

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Order on Motion for Attorney Fees AND Order on Motion for Entry of Judgment AND Order on Motion for Permanent Injunction

Judgment AND Permanent Injunction