Case: Kwesell v. Yale University

Stephen Miller

COMPLAINT against Yale University ( Filing fee $400 receipt number CTDC-5361654.), filed by Lisa Kwesell, Jason Schwartz, Christine Turecek.(Goodbaum, Joshua) (Entered: 07/16/2019)

Request to Issue Summons

NOTICE of Appearance by Joshua R. Goodbaum on behalf of Lisa Kwesell, Jason Schwartz, Christine Turecek (Goodbaum, Joshua) (Entered: 07/16/2019)

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Request for Clerk to issue summons as to Yale University. (Goodbaum, Joshua)

NOTICE of Appearance by Joshua R. Goodbaum on behalf of Lisa Kwesell, Jason Schwartz, Christine Turecek (CORRECTION) (Goodbaum, Joshua) (Entered: 07/16/2019)

NOTICE of Appearance by Elisabeth Lee on behalf of Lisa Kwesell, Jason Schwartz, Christine Turecek (Lee, Elisabeth) (Entered: 07/16/2019)

Judge Kari A. Dooley added. (Oliver, T.)

Order on Pretrial Deadlines: Amended Pleadings due by 9/14/2019. Discovery due by 1/15/2020. Dispositive Motions due by 2/19/2020. Signed by Clerk on 7/16/2019.(Fazekas, J.) (Entered: 07/17/2019)

ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Kari A. Dooley on 7/16/2019.(Fazekas, J.) (Entered: 07/17/2019)

STANDING PROTECTIVE ORDER Signed by Judge Kari A. Dooley on 7/16/2019.(Fazekas, J.) (Entered: 07/17/2019)

NOTICE Re: Initial Discovery Protocols. Signed by Clerk on 7/16/2019. (Attachments: # 1 Initial Discovery Protocols Form, # 2 Order, Initial Discovery Protocols)(Fazekas, J.) (Entered: 07/17/2019)

1 Initial Discovery Protocols Form

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2 Order, Initial Discovery Protocols

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NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of 8 Notice Re: Initial Discovery Protocols, 5 Order on Pretrial Deadlines, 6 Electronic Filing Order, 1 Complaint filed by Jason Schwartz, Lisa Kwesell, Christine Turecek, 4 Notice of Appearance filed by Elisabeth Lee on behalf of Jason Schwartz, Lisa Kwesell, Christine Turecek, 2 Notice of Appearance filed by Joshua R. Goodbaum on behalf of Jason Schwartz, Lisa Kwesell, Christine Turecek, 7 Standing Protective Order, 3 (Correction) Notice of Appearance filed by Joshua R. Goodbaum on behalf of Jason Schwartz, Lisa Kwesell, Christine Turecek Signed by Clerk on 7/17/2019.(Fazekas, J.) (Entered: 07/17/2019)

Add and Terminate Judges

ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Yale University* with answer to complaint due within *21* days. Attorney *Joshua R. Goodbaum* *Garrison Levin-Epstein Fitzgerald & Pirrotti PC* *405 Orange St.* *New Haven, CT 06511*. (Fazekas, J.) (Entered: 07/17/2019)

NOTICE of Appearance by Joseph D. Garrison on behalf of Lisa Kwesell, Jason Schwartz, Christine Turecek (Garrison, Joseph) (Entered: 07/17/2019)

NOTICE by Lisa Kwesell, Jason Schwartz, Christine Turecek re 8 Notice [Non-Application of Initial Discovery Protocols] (Goodbaum, Joshua) (Entered: 07/24/2019)

MOTION for Attorney(s) ELIZABETH A. ANISKEVICH to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5374852) by Lisa Kwesell, Jason Schwartz, Christine Turecek. (Attachments: # 1 Affidavit, # 2 Certificate of Good Standing)(Goodbaum, Joshua) (Entered: 07/26/2019)

MOTION for Attorney(s) DARA S. SMITH to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5374869) by Lisa Kwesell, Jason Schwartz, Christine Turecek. (Attachments: # 1 Affidavit, # 2 Certificate of Good Standing)(Goodbaum, Joshua) (Entered: 07/26/2019)

MOTION for Attorney(s) DANIEL B. KOHRMAN to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5375508) by Lisa Kwesell, Jason Schwartz, Christine Turecek. (Attachments: # 1 Affidavit, # 2 Certificate of Good Standing)(Goodbaum, Joshua) (Entered: 07/26/2019)

ORDER granting 13 Motion to Appear Pro Hac Vice for Attorney Elizabeth A Aniskevich; granting 14 Motion to Appear Pro Hac Vice for Attorney Dara S Smith; granting 15 Motion to Appear Pro Hac Vice for Attorney Daniel B Kohrman. Signed by Clerk on 7/29/2019. (Fanelle, N.) (Entered: 07/29/2019)

Order on Motion for Admission Pro Hac Vice

SUMMONS Returned Executed by Lisa Kwesell, Jason Schwartz, Christine Turecek. Yale University served on 7/30/2019, answer due 8/20/2019. (Goodbaum, Joshua) (Entered: 07/30/2019)

NOTICE of Appearance by Dara Smith on behalf of Lisa Kwesell, Jason Schwartz, Christine Turecek (Smith, Dara) (Entered: 07/30/2019)

NOTICE of Appearance by Daniel Benjamin Kohrman on behalf of Lisa Kwesell, Jason Schwartz, Christine Turecek (Kohrman, Daniel) (Entered: 07/31/2019)

NOTICE of Appearance by Elizabeth Aniskevich on behalf of Lisa Kwesell, Jason Schwartz, Christine Turecek (Aniskevich, Elizabeth) (Entered: 08/01/2019)

NOTICE of Appearance by Jonathan M. Freiman on behalf of Yale University (Freiman, Jonathan) (Entered: 08/09/2019)

NOTICE of Appearance by Kim E. Rinehart on behalf of Yale University (Rinehart, Kim) (Entered: 08/09/2019)

Corporate Disclosure Statement by Yale University. (Rinehart, Kim) (Entered: 08/09/2019)

Consent MOTION for Extension of Time until 10/04/2019 to respond to Plaintiffs' Complaint by Yale University. (Freiman, Jonathan) (Entered: 08/13/2019)

ORDER granting 24 Motion for Extension of Time on consent. The Defendant shall file a response to the Complaint by October 4, 2019. Signed by Judge Kari A. Dooley on 8/14/2019. (Bempong, Tracy) (Entered: 08/14/2019)

Order on Motion for Extension of Time

Update Answer Deadline

Answer deadline updated for Yale University to 10/4/2019. (Gould, K.)

Update Answer Deadline

NOTICE of Appearance by Richard Luedeman on behalf of Yale University (Luedeman, Richard) (Entered: 09/06/2019)

Set Deadlines/Hearings

Order on Motion for Miscellaneous Relief

Consent MOTION to Modify Deadlines for Rule 26(f) Conference and Report and Rule 26(a)(1) Disclosures by Yale University.Responses due by 9/27/2019 (Rinehart, Kim) (Entered: 09/06/2019)

ORDER granting 27 Consent MOTION to Modify Deadlines for Rule 26(f) Conference and Report and Rule 26(a)(1) Disclosures. Signed by Judge Kari A. Dooley on 9/5/2019. (Beyerlein, Alexis) (Entered: 09/06/2019)

Set Deadlines: Rule 26 Meeting Report due by 10/7/2019 (Beyerlein, Alexis)

Joint MOTION for Extension of Time until 10/18/2019 for Plaintiffs to File Amended Complaint and Defendant to File Response by 11/15/2019 by Yale University. (Freiman, Jonathan) (Entered: 09/27/2019)

ORDER granting 29 Joint MOTION to Modify Deadlines. The Plaintiffs' amended complaint is due by October 18, 2019. The Defendant's response to the amended complaint is due by November 15, 2019. Signed by Judge Kari A. Dooley on 9/30/2019. (Beyerlein, Alexis) (Entered: 09/30/2019)

Update Answer Deadline

Set Deadlines/Hearings

Order on Motion for Extension of Time

Set Deadlines: Amended Pleadings due by 10/18/2019. Answer deadline updated for Defendant. Responsive pleading to amended complaint due by 11/15/2019. (Beyerlein, Alexis)

Joint REPORT of Rule 26(f) Planning Meeting. (Rinehart, Kim) (Entered: 10/07/2019)

Calendar Entry

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Rule 16(b) Conference set for 11/20/2019 at 2:00 PM in Courtroom Four-Annex, 915 Lafayette Blvd., Bridgeport, CT before Judge Kari A. Dooley. (Beyerlein, Alexis) (Entered: 10/07/2019)

AMENDED COMPLAINT [by written consent, per Fed. R. Civ. P. 15(a)(2)] against Yale University, filed by Lisa Kwesell, Jason Schwartz, Christine Turecek.(Goodbaum, Joshua) (Entered: 10/17/2019)

Consent MOTION to Reschedule the Rule 16 Conference re 32 Calendar Entry, by Yale University.Responses due by 11/22/2019 (Rinehart, Kim) (Entered: 11/01/2019)

ORDER granting 34 Consent Motion to Reschedule the Rule 16 Conference. An updated calendar entry will be separately docketed. Signed by Judge Kari A. Dooley on 11/4/2019. (Beyerlein, Alexis) (Entered: 11/04/2019)

Calendar Entry

Order on Motion for Miscellaneous Relief

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. RESET FROM 11/20/2019 at 2:00 PM Rule 16(b) Conference set for 12/2/2019 at 2:00 PM in Courtroom Four-Annex, 915 Lafayette Blvd., Bridgeport, CT before Judge Kari A. Dooley. (Beyerlein, Alexis) (Entered: 11/04/2019)

Defendant's ANSWER to 33 Amended Complaint with Affirmative Defenses. by Yale University.(Freiman, Jonathan) (Entered: 11/15/2019)

MOTION to Stay Proceedings by Yale University.Responses due by 12/17/2019 (Freiman, Jonathan) (Entered: 11/26/2019)

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. RESET FROM *Location Change* Rule 16(b) Conference set for 12/2/2019 02:00 PM in Courtroom Three-Annex, 915 Lafayette Blvd., Bridgeport, CT before Judge Kari A. Dooley (Gould, K.) (Entered: 11/27/2019)

Calendar Entry

Minute Entry. Proceedings held before Judge Kari A. Dooley: denying 38 Motion to Stay; In court 16(b)Scheduling Conference held on 12/2/2019; Motion Hearing held on 12/2/2019 re 38 MOTION to Stay Proceedings filed by Yale University. Total Time: 44 minutes(Court Reporter Tracy Gow.) (Gould, K.) (Entered: 12/04/2019)

Motion Hearing

Scheduling Conference

Order on Motion to Stay

Supplemental REPORT of Rule 26(f) Planning Meeting. (Freiman, Jonathan) (Entered: 01/21/2020)

SCHEDULING ORDER. Signed by Judge Kari A. Dooley on 1/22/2020.(Beyerlein, Alexis) (Entered: 01/22/2020)

TRANSCRIPT of Proceedings: Type of Hearing: 16(b) Scheduling Conference. Held on December 2, 2019 before Judge Kari A. Dooley. Court Reporter: Tracy Gow. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: To remove personal identifier information from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within seven (7) calendar days of this date. If no such Notice is filed, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available through PACER without redaction 90 days from today's date. The 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. The policy governing the redaction of personal information is located on the court website at www.ctd.uscourts.gov. Redaction Request due 2/28/2020. Redacted Transcript Deadline set for 3/9/2020. Release of Transcript Restriction set for 5/7/2020. (Gow, T.) (Entered: 02/07/2020)

MOTION for Summary Judgment by Lisa Kwesell, Jason Schwartz, Christine Turecek.Responses due by 3/23/2020 (Attachments: # 1 Statement of Material Facts Material Facts, # 2 Memorandum in Support Memorandum in Support, # 3 Affidavit Declaration, # 4 Exhibit Exhibit A, # 5 Exhibit Exhibit B, # 6 Exhibit Exhibit C, # 7 Exhibit Exhibit D, # 8 Exhibit Exhibit E, # 9 Exhibit Exhibit F, # 10 Exhibit Exhibit G, # 11 Exhibit Exhibit H, # 12 Exhibit Exhibit I, # 13 Exhibit Exhibit J)(Smith, Dara) (Entered: 03/02/2020)

1 Statement of Material Facts Material Facts

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2 Memorandum in Support Memorandum in Support

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3 Affidavit Declaration

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4 Exhibit Exhibit A

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5 Exhibit Exhibit B

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6 Exhibit Exhibit C

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7 Exhibit Exhibit D

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8 Exhibit Exhibit E

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9 Exhibit Exhibit F

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10 Exhibit Exhibit G

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11 Exhibit Exhibit H

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12 Exhibit Exhibit I

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13 Exhibit Exhibit J

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Joint STIPULATION by Yale University. (Luedeman, Richard) (Entered: 03/03/2020)

Consent MOTION for Extension of Time by Yale University. (Luedeman, Richard) (Entered: 03/24/2020)

ORDER granting 46 Consent Motion for Extension of Time. An amended scheduling order will be separately docketed. Signed by Judge Kari A. Dooley on 3/25/2020. (Beyerlein, Alexis) (Entered: 03/25/2020)

Order on Motion for Extension of Time

AMENDED SCHEDULING ORDER. Signed by Judge Kari A. Dooley on 3/25/2020. ***Reset Deadlines as to response to 44 MOTION for Summary Judgment. Responses due by 4/22/2020.(Beyerlein, Alexis) (Entered: 03/25/2020)

Consent MOTION for Extension of Time until April 29, 2020 for Defendant's to Respond to Plaintiffs' Motion for Summary Judgment and Corresponding Extension of the Briefing Schedule as Detailed Herein by Yale University. (Freiman, Jonathan) (Entered: 04/14/2020)

ORDER granting 49 Motion for Extension of Time. An amended scheduling order will be separately docketed. The Court notes that the final two deadlines proposed by the parties contemplate a fourteen day extension, not a seven day extension. Notwithstanding, all of the proposed deadlines are approved. Signed by Judge Kari A. Dooley on 4/15/2020. (Beyerlein, Alexis) (Entered: 04/15/2020)

Order on Motion for Extension of Time

SECOND AMENDED SCHEDULING ORDER. Signed by Judge Kari A. Dooley on 4/15/2020. ***Reset Deadlines. Response to 44 MOTION for Summary Judgment and Defendant's motion for partial summary judgment due 4/29/2020.(Beyerlein, Alexis) (Entered: 04/15/2020)

Joint MOTION for Leave to File Modify Page Limits for Summary Judgment Briefing by Yale University. (Luedeman, Richard) (Entered: 04/23/2020)

ORDER granting 52 Motion to Modify Page Limits for Summary Judgment Briefing. Signed by Judge Kari A. Dooley on 4/24/2020. (Beyerlein, Alexis) (Entered: 04/24/2020)

Order on Motion for Leave to File

MOTION for Summary Judgment and/or to Dismiss in Part for Lack of Standing by Yale University.Responses due by 5/20/2020 (Attachments: # 1 Memorandum in Support of Defendant's Motion for Summary Judgment and/or to Dismiss in Part for Lack of Standing and in Opposition to Plaintiffs' Motion for partial Summary Judgment (ECF No. 44), # 2 Declaration of Jonathan M. Freiman in Support Defendant's Motion for Summary Judgment and to Dismiss in Part, # 3 Declaration of Hugh K. Penney in Support of Defendant's Motion for Summary Judgment and to Dismiss in Part, # 4 Statement of Material Facts in Support of Defendant's Motion for Summary Judgment and to Dismiss the Complaint in Part for Lack of Standing, # 5 Statement of Material Facts in Opposition to Plaintiffs' Motion for Partial Summary Judgment (ECF No. 44))(Freiman, Jonathan) (Entered: 04/29/2020)

1 Memorandum in Support of Defendant's Motion for Summary Judgment and/or to

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2 Declaration of Jonathan M. Freiman in Support Defendant's Motion for Summa

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3 Declaration of Hugh K. Penney in Support of Defendant's Motion for Summary

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4 Statement of Material Facts in Support of Defendant's Motion for Summary Ju

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5 Statement of Material Facts in Opposition to Plaintiffs' Motion for Partial

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Memorandum in Opposition and Reply in Support of Plaintiffs' Motion for Partial Summary Judgment re 54 MOTION for Summary Judgment and/or to Dismiss in Part for Lack of Standing filed by Lisa Kwesell, Jason Schwartz, Christine Turecek. (Attachments: # 1 Statement of Material Facts Plaintiffs' Statement In Opposition to Yale's Motion for Summary Judgment and to Dismiss, # 2 Affidavit Declaration of Elizabeth Aniskevich, # 3 Exhibit Plaintiffs' Exhibit K, # 4 Exhibit Plaintiffs' Exhibit L, # 5 Exhibit Plaintiffs' Exhibit M, # 6 Exhibit Plaintiffs' Exhibit N)(Smith, Dara) (Entered: 06/05/2020)

1 Statement of Material Facts Plaintiffs' Statement In Opposition to Yale

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2 Affidavit Declaration of Elizabeth Aniskevich

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3 Exhibit Plaintiffs' Exhibit K

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4 Exhibit Plaintiffs' Exhibit L

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5 Exhibit Plaintiffs' Exhibit M

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6 Exhibit Plaintiffs' Exhibit N

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Consent MOTION for Extension of Time until July 3, 2020 to Reply to 54 MOTION for Summary Judgment and/or to Dismiss in Part for Lack of Standing, 55 Memorandum in Opposition to Motion,, by Yale University. (Freiman, Jonathan) (Entered: 06/23/2020)

ORDER granting on consent 56 Motion for Extension of Time to Reply to 54 MOTION for Summary Judgment and/or to Dismiss in Part for Lack of Standing, 55 Memorandum in Opposition to Motion,,. The Defendant's reply is due on or before July 3, 2020. Signed by Judge Kari A. Dooley on 6/24/2020. (Beyerlein, Alexis) (Entered: 06/24/2020)

Order on Motion for Extension of Time

REPLY to Response to 54 MOTION for Summary Judgment and/or to Dismiss in Part for Lack of Standing, 44 MOTION for Summary Judgment filed by Yale University. (Attachments: # 1 Exhibit Ex. 1)(Luedeman, Richard) (Entered: 07/03/2020)

1 Exhibit Ex. 1

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MOTION for Richard Luedeman to Withdraw as Attorney by Yale University. (Luedeman, Richard) (Entered: 07/09/2020)

ORDER granting 59 Motion to Withdraw as Attorney. Attorney Richard Luedeman terminated. Signed by Judge Kari A. Dooley on 7/10/2020. (Beyerlein, Alexis) (Entered: 07/10/2020)

Order on Motion to Withdraw as Attorney

Order. The parties shall appear on March 1, 2021 at 10:00AM for a hearing on ECF Nos. 44 and 54, Cross Motions for Summary Judgment. A calendar entry with the details for this hearing will be separately docketed. Signed by Judge Kari A. Dooley on 2/1/2021. (Banker, Joshua) (Entered: 02/01/2021)

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Hearing on Cross Motions for Summary Judgment set for 3/1/2021 at 10:00 AM before Judge Kari A. Dooley. Zoom meeting details will be separately docketed. (Banker, Joshua) (Entered: 02/01/2021)

Notice of Hearing on Motion

Calendar Entry

Joint MOTION to Postpone Oral Argument on Parties' Motions for Summary Judgment re 62 Calendar Entry, by Yale University.Responses due by 3/16/2021 (Rinehart, Kim) (Entered: 02/23/2021)

ORDER granting 63 Joint Motion for Postponement of Oral Arguments. The oral arguments scheduled for March 1, 2021 are postponed until further notice. On or before April 1, 2021, the parties shall file a Joint Status Report concerning both their settlement discussions and any need for a new oral argument date. Signed by Judge Kari A. Dooley on 2/24/2021. (Banker, Joshua) (Entered: 02/24/2021)

Order on Motion for Miscellaneous Relief

Joint STATUS REPORT by Yale University. (Rinehart, Kim) (Entered: 04/01/2021)

ORDER. The Court has reviewed the Parties' Joint Status Report, ECF No. 65 . On or before May 15, 2021, the parties shall file a Joint Status Report concerning both their settlement discussions and any need for a new oral argument date. Signed by Judge Kari A. Dooley on 4/2/2021. (Banker, Joshua) (Entered: 04/02/2021)

Order

Joint STATUS REPORT by Lisa Kwesell, Jason Schwartz, Christine Turecek. (Goodbaum, Joshua) (Entered: 05/17/2021)