1
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COMPLAINT against Erie County Board of Elections, filed by Carlanda D. Meadors, Leonard A. Matarese, Jomo D. Akono.(SG) (Entered: 08/30/2021)
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Aug. 30, 2021
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Aug. 30, 2021
Clearinghouse
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Filing Fee Received
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Aug. 30, 2021
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Aug. 30, 2021
PACER
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2
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MOTION for Temporary Restraining Order by Jomo D. Akono, Leonard A. Matarese, Carlanda D. Meadors.(SG) (Entered: 08/30/2021)
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Aug. 30, 2021
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Aug. 30, 2021
RECAP
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Automatic Referral to Mediation
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Aug. 30, 2021
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Aug. 30, 2021
PACER
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3
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MEMORANDUM in Support re 2 MOTION for Temporary Restraining Order filed by Jomo D. Akono, Leonard A. Matarese, Carlanda D. Meadors. (SG) (Entered: 08/30/2021)
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Aug. 30, 2021
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Aug. 30, 2021
RECAP
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Notice of Availability of Magistrate Judge
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Aug. 30, 2021
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Aug. 30, 2021
PACER
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4
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MOTION to Expedited Hearing by Jomo D. Akono, Leonard A. Matarese, Carlanda D. Meadors.(SG) (Entered: 08/30/2021)
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Aug. 30, 2021
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Aug. 30, 2021
PACER
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Summons Issued
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Aug. 30, 2021
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Aug. 30, 2021
PACER
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5
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DECLARATION signed by Bryan Sells re 4 MOTION to Expedite filed by Jomo D. Akono, Leonard A. Matarese, Carlanda D. Meadors. (SG) (Entered: 08/30/2021)
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Aug. 30, 2021
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Aug. 30, 2021
PACER
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Filing fee: $402.00, receipt number BUF073220 (SG)
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Aug. 30, 2021
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Aug. 30, 2021
PACER
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AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution.(SG)
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Aug. 30, 2021
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Aug. 30, 2021
PACER
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Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. (SG)
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Aug. 30, 2021
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Aug. 30, 2021
PACER
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Summons Issued as to Erie County Board of Elections. (SG)
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Aug. 30, 2021
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Aug. 30, 2021
PACER
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6
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ORDER granting Plaintiffs' 4 motion to expedite. The plaintiffs shall serve their motion and a copy of this order on counsel for the defendant no later than August 31, 2021. Defendant's response is due by September 2, 2021 at 4:00 PM. Motion Hearing set for September 3, 2021 at 10:30 AM in the Chautauqua Courtroom, US Courthouse, 2 Niagara Square, Buffalo, NY 14202-3350 before Hon. John L. Sinatra, Jr. Signed by Hon. John L. Sinatra, Jr. on 8/30/2021. (KLH) (Entered: 08/30/2021)
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Aug. 30, 2021
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Aug. 30, 2021
PACER
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7
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AFFIDAVIT of Service for Order with all motion papers and commencement documents served on Erie County Board of Elections on August 31, 2021, filed by Jomo D. Akono, Leonard A. Matarese, Carlanda D. Meadors. (Callocchia, Frank) (Entered: 09/01/2021)
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Sept. 1, 2021
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Sept. 1, 2021
PACER
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8
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AFFIDAVIT of Service for All motion and commencement documents served on Michael A. Siragusa, Erie County Attorney, Counsel for Defendant Erie County Board of Elections on August 31, 2021, filed by Jomo D. Akono, Leonard A. Matarese, Carlanda D. Meadors. (Callocchia, Frank) (Entered: 09/01/2021)
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Sept. 1, 2021
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Sept. 1, 2021
PACER
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9
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AFFIDAVIT of Service for Order with all motion papers and commencement documents served on Jeremy C. Toth, First Assistant Erie County Attorney, Counsel for Defendant Erie County Board of Elections on August 31, 2021, filed by Jomo D. Akono, Leonard A. Matarese, Carlanda D. Meadors. (Callocchia, Frank) (Entered: 09/01/2021)
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Sept. 1, 2021
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Sept. 1, 2021
PACER
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10
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AFFIDAVIT of Service for Order with all motion papers and commencement documents served on Michael A. Siragusa, Erie County Attorney, Counsel for Defendant Erie County Board of Elections on August 31, 2021, filed by Jomo D. Akono, Leonard A. Matarese, Carlanda D. Meadors. (Callocchia, Frank) (Entered: 09/01/2021)
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Sept. 1, 2021
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Sept. 1, 2021
PACER
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11
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Emergency MOTION to appear pro hac vice ( Filing fee $ 200 receipt number 0209-4347468.) by Jomo D. Akono, Leonard A. Matarese, Carlanda D. Meadors. (Attachments: # 1 Exhibit Petition for attorney admission, # 2 Exhibit Sponsoring Attorney Affidavit, # 3 Exhibit Attorney's Oath, # 4 Exhibit Civility Oath, # 5 Exhibit Attorney Database and Electronic Case Filing Registraiton Form, # 6 Exhibit Certificate of Good Standing)(Callocchia, Frank) (Entered: 09/01/2021)
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Sept. 1, 2021
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Sept. 1, 2021
PACER
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12
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TEXT ORDER granting 11 emergency motion to appear pro hac vice, as to attorney Bryan L. Sells. Issued by Hon. John L. Sinatra, Jr. on 9/1/2021. (KLH)-CLERK TO FOLLOW UP- (Entered: 09/01/2021)
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Sept. 1, 2021
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Sept. 1, 2021
PACER
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13
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NOTICE of Appearance by Jeremy C. Toth on behalf of Erie County Board of Elections (Toth, Jeremy) (Entered: 09/01/2021)
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Sept. 1, 2021
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Sept. 1, 2021
PACER
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14
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AFFIDAVIT of Service for Affidavit of Service Order with motion papers and commencement documents served on New York State Attorney General on September 1, 2021, filed by Jomo D. Akono, Leonard A. Matarese, Carlanda D. Meadors. (Callocchia, Frank) (Entered: 09/02/2021)
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Sept. 2, 2021
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Sept. 2, 2021
PACER
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15
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AFFIDAVIT in Opposition re 2 MOTION for Temporary Restraining Order filed by Erie County Board of Elections. (Attachments: # 1 Exhibit B - List of Candidates in Erie County, # 2 Exhibit C - Newspaper Articles, # 3 Exhibit E - Declaration of Attorney from State BOE, # 4 Exhibit F - Federal Orders, # 5 Exhibit G - 2021 NYS political calendars, # 6 Exhibit H - Verified Petition in State Court, # 7 Memorandum in Support Memo of Law in Opposition to Application for TRO, # 8 Certificate of Service)(Toth, Jeremy) (Entered: 09/02/2021)
7
View on RECAP
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Sept. 2, 2021
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Sept. 2, 2021
PACER
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16
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MOTION Intervene by India B Walton. (Attachments: # 1 Motion to Intervene, # 2 Exhibit A, # 3 Exhibit B, # 4 Affidavit Inda B. Walton)(Cooney, Sean) (Entered: 09/02/2021)
1 Motion to Intervene
View on RECAP
2 Exhibit A
View on PACER
3 Exhibit B
View on PACER
4 Affidavit Inda B. Walton
View on PACER
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Sept. 2, 2021
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Sept. 2, 2021
PACER
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17
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MOTION to Expedite Hearing for Motion to Intervene by India B Walton. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order)(Cooney, Sean) (Entered: 09/02/2021)
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Sept. 2, 2021
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Sept. 2, 2021
PACER
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18
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MEMORANDUM in Opposition re 2 MOTION for Temporary Restraining Order filed by India B Walton. (Cooney, Sean) (Entered: 09/02/2021)
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Sept. 2, 2021
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Sept. 2, 2021
RECAP
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19
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CONTINUATION OF EXHIBITS by Erie County Board of Elections. to 15 Affidavit in Opposition to Motion,, EXHIBIT C - Independent Nominating Petition filed by Erie County Board of Elections. (Toth, Jeremy) (Entered: 09/02/2021)
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Sept. 2, 2021
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Sept. 2, 2021
PACER
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20
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ANSWER to 1 Complaint by India B Walton.(Cooney, Sean) (Entered: 09/02/2021)
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Sept. 2, 2021
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Sept. 2, 2021
PACER
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21
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CONTINUATION OF EXHIBITS by Erie County Board of Elections. to 15 Affidavit in Opposition to Motion,, EXHIBIT A Bill Jacket filed by Erie County Board of Elections. (Attachments: # 1 Exhibit, # 2 Exhibit)(Toth, Jeremy) (Entered: 09/02/2021)
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Sept. 2, 2021
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Sept. 2, 2021
PACER
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22
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Letter filed by Erie County Board of Elections as to Erie County Board of Elections requesting relief from Local Rule 7.1(f). (Toth, Jeremy) (Entered: 09/02/2021)
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Sept. 2, 2021
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Sept. 2, 2021
RECAP
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23
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ORDER granting 17 Motion to Expedite. Proposed Intervenor India Walton shall serve the motion for expedited hearing and motion to intervene, as well as a copy of this order, on counsel for Plaintiffs and Defendant no later than September 3, 2021 at 10:30 a.m. Proposed Intervenor India Walton shall also send courtesy copies by email to counsel for Plaintiffs and Defendant no later than September 2, 2021 at 8:00 p.m. Motion hearing set for September 3, 2021 at 10:30 am in the Chautauqua Courtroom, US Courthouse, 2 Niagara Square, Buffalo, NY 14202-3350 before Hon. John L. Sinatra, Jr. Issued by Hon. John L. Sinatra, Jr. on 9/2/2021. (CJG) (Entered: 09/02/2021)
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Sept. 2, 2021
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Sept. 2, 2021
PACER
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24
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NOTICE of Appearance by Frank T. Housh on behalf of India B Walton (Housh, Frank) (Entered: 09/02/2021)
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Sept. 2, 2021
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Sept. 2, 2021
PACER
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25
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AMENDED COMPLAINT against All Defendants, filed by Carlanda D. Meadors, Leonard A. Matarese, Jomo D. Akono, Kim P Nixon-Williams, Florence E Baugh. (Attachments: # 1 redline version of first amended complaint)(Sells, Bryan) (Entered: 09/03/2021)
1 redline version of first amended complaint
View on RECAP
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Sept. 3, 2021
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Sept. 3, 2021
Clearinghouse
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Remark
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Sept. 3, 2021
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Sept. 3, 2021
PACER
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26
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Minute Entry for proceedings held before Hon. John L. Sinatra, Jr.: Motion Hearing held on 9/3/2021 re 2 Motion for Temporary Restraining Order and 16 Motion to Intervene. Court grants Defendant-Intervenor India Walton's motion to intervene in this action. Text order to follow. For reasons stated on the record, the Court grants Plaintiffs' motion for Temporary Restraining Order and, with consent of the parties, converts the Temporary Restraining Order to an Order for Preliminary Injunction. Court transcript will constitute the written decision of the Court. Text Order to follow. Appearances. For plaintiffs: Frank Callocchia and Bryan Sells. For defendant Erie County Board of Elections: Jeremy Toth. For Intervenor-Defendant India Walton: Sean Cooney and Frank Housh. (Court Reporter Bonnie Weber) (KLH) (Entered: 09/03/2021)
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Sept. 3, 2021
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Sept. 3, 2021
PACER
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27
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TEXT ORDER: Defendant-Intervenor India B. Walton's 16 Motion to Intervene is GRANTED. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 9/3/2021. (KLH) (Entered: 09/03/2021)
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Sept. 3, 2021
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Sept. 3, 2021
PACER
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28
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**INJUNCTION IS VACATED, SEE 53 MANDATE of USCA** TEXT ORDER: Upon consideration of the briefing and arguments of counsel, and for good cause shown, it is ordered that the motion for preliminary injunction (Dkt. #2) is GRANTED. Accordingly, the Erie County Board of Elections, along with its officers, agents, servants, employees, attorneys, and all those in active concert with them, are hereby enjoined from enforcing Section 6-158(9) of the New York Election Law against candidate Byron W. Brown and from failing to put his name on the 2021 general election ballot as an independent candidate for the Mayor of Buffalo. The Board of Elections is ordered to place Byron W. Brown on the 2021 Election Ballot as an independent candidate for Mayor of Buffalo. IT IS SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 9/3/2021. (KLH) Modified on 3/9/2022 (SG). (Entered: 09/03/2021)
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Sept. 3, 2021
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Sept. 3, 2021
PACER
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29
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TEXT ORDER: Pursuant to 28 U.S.C. § 2403(b) and Federal Rule of Civil Procedure 5.1(b), the Court hereby certifies that a civil action has been filed wherein the constitutionality of N.Y. Election Law § 6-158(9) has been questioned. The Clerk of Court is directed to cause the United States Marshals Service to serve a copy of this Text Order upon the State of New York as follows:Attention Michael J. RussoAssistant Attorney General In ChargeMain Place Tower Suite 300A350 Main StreetBuffalo, NY 14202and Office of the Attorney General The CapitolAlbany, NY 12224-0341Attention: A&O/Personal ServiceAdditionally, the Clerk of Court is directed to forward a copy of this Text Order by email to Michael Russo, Assistant Attorney General in Charge, Buffalo Regional Office: Michael.Russo@ag.ny.gov. IT IS SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 9/3/2021. (KLH)-CLERK TO FOLLOW UP- (Entered: 09/03/2021)
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Sept. 3, 2021
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Sept. 3, 2021
PACER
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Copy of Doc. No. 29, TEXT ORDER, emailed to Michael Russo, Assistant Attorney General in Charge. The Clerks Office has forwarded the TEXT ORDERS to the US Marshal for service. (JLV)
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Sept. 3, 2021
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Sept. 3, 2021
PACER
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30
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NOTICE OF APPEAL as to 28 Order on Motion for TRO,,, by India B Walton. Filing fee $ 505, receipt number 0209-4351369. (Cooney, Sean) (Entered: 09/07/2021)
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Sept. 7, 2021
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Sept. 7, 2021
RECAP
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31
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings, held on September 3, 2021, before District Judge, the Honorable John L. Sinatra, Jr.. Court Reporter/Transcriber Bonnie S. Weber, Bonnie_Weber@nywd.uscourts.gov. 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 9/28/2021. Redacted Transcript Deadline set for 10/8/2021. Release of Transcript Restriction set for 12/6/2021. (BSW) (Entered: 09/07/2021)
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Sept. 7, 2021
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Sept. 7, 2021
PACER
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32
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NOTICE OF APPEAL as to 28 Order on Motion for TRO,,, by Erie County Board of Elections, Ralph M. Mohr, Jeremy J Zellner. Filing fee $ 505, receipt number 0209-4352517. (Toth, Jeremy) (Entered: 09/07/2021)
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Sept. 7, 2021
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Sept. 7, 2021
RECAP
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E-Filing Notification: re 30 NOTICE OF APPEAL 32 NOTICE OF APPEAL - Within 14 days of filing the Notice of Appeal, the appellant is required to electronically file with the District Court an index of filed documents it wishes the Court of Appeals to consider, called Designation of Record on Appeal. After receipt, the Clerks Office will certify and transmit the index to the Circuit. (TMK)
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Sept. 8, 2021
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Sept. 8, 2021
PACER
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E-Filing Notification: re 30 NOTICE OF APPEAL 32 NOTICE OF APPEAL - Pursuant to Local Rule 12.1 of the US Court of Appeals for the Second Circuit, Forms C and D must be completed within 14 days after the filing of a notice of appeal. Forms C and D can be obtained at www.ca2.uscourts.gov. (TMK)
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Sept. 8, 2021
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Sept. 8, 2021
PACER
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33
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Letter filed by Erie County Board of Elections as to Jeremy J Zellner, Ralph M. Mohr, Erie County Board of Elections . (Toth, Jeremy) (Entered: 09/09/2021)
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Sept. 9, 2021
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Sept. 9, 2021
RECAP
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NOTICE OF HEARING: Telephonic Status Conference set for 9/9/2021 at 5:00 PM in US Courthouse, 2 Niagara Square, Buffalo, NY 14202-3350 before Hon. John L. Sinatra, Jr. Public audio access to the proceeding may be obtained by viewing Judge Sinatra's calendar on the public website at www.nywd.uscourts.gov. (KLH)
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Sept. 9, 2021
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Sept. 9, 2021
PACER
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34
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Minute Entry for proceedings held before Hon. John L. Sinatra, Jr.: Status Conference held by teleconference on 9/9/2021 re 33 Letter filed by Erie County Board of Elections. Court addresses the parties' concern regarding compliance with the Order of this Court and that of New York Supreme Court, Appellate Division, Fourth Department. Appearances. For plaintiffs: Frank Callocchia and Bryan Sells. For defendant Erie County Board of Elections: Jeremy Toth, Jason Harrow, and Charles Gerstein. For Intervenor-Defendant India Walton: Sean Cooney and Joshua Matz. (Court Reporter Bonnie Weber) (KLH) (Entered: 09/09/2021)
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Sept. 9, 2021
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Sept. 9, 2021
PACER
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35
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on September 9, 2021, before District Judge, the Honorable John L. Sinatra, Jr. Court Reporter/Transcriber Bonnie S. Weber, Bonnie_Weber@nywd.uscourts.gov. 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 10/1/2021. Redacted Transcript Deadline set for 10/12/2021. Release of Transcript Restriction set for 12/9/2021. (BSW) (Entered: 09/10/2021)
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Sept. 10, 2021
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Sept. 10, 2021
PACER
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36
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NOTICE by Jomo D. Akono, Florence E Baugh, Leonard A. Matarese, Carlanda D. Meadors, Kim P Nixon-Williams of a Constitutional Challenge (Sells, Bryan) (Entered: 09/12/2021)
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Sept. 12, 2021
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Sept. 12, 2021
PACER
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37
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Original Summons Filed. (Sells, Bryan) (Entered: 09/12/2021)
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Sept. 12, 2021
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Sept. 12, 2021
PACER
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38
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Original Summons Filed. (Sells, Bryan) (Entered: 09/12/2021)
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Sept. 12, 2021
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Sept. 12, 2021
PACER
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39
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Summons Issued as to Ralph M. Mohr, Jeremy J Zellner. (JLV) (Entered: 09/13/2021)
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Sept. 13, 2021
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Sept. 13, 2021
PACER
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40
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MOTION for Extension of Time to File a Motion for Attorney's Fees by Jomo D. Akono, Florence E Baugh, Leonard A. Matarese, Carlanda D. Meadors, Kim P Nixon-Williams. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Bryan L. Sells)(Sells, Bryan) (Entered: 09/13/2021)
1 Memorandum in Support
View on RECAP
2 Declaration of Bryan L. Sells
View on RECAP
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Sept. 13, 2021
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Sept. 13, 2021
RECAP
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41
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TEXT ORDER granting Plaintiffs' 40 Motion for Extension of Time to File a Motion for Attorney's Fees. Issued by Hon. John L. Sinatra, Jr. on 9/14/2021. (KLH) (Entered: 09/14/2021)
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Sept. 14, 2021
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Sept. 14, 2021
PACER
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42
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AFFIDAVIT of Service for Affidavit of Service Summons and First Amended Complaint served on Ralph M. Mohr on September 14, 2021, filed by Jomo D. Akono, Florence E Baugh, Leonard A. Matarese, Carlanda D. Meadors, Kim P Nixon-Williams. (Callocchia, Frank) (Entered: 09/15/2021)
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Sept. 15, 2021
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Sept. 15, 2021
PACER
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43
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AFFIDAVIT of Service for Affidavit of Service Summons and First Amended Complaint served on Jeremy J. Zellner on September 14, 2021, filed by Jomo D. Akono, Florence E Baugh, Leonard A. Matarese, Carlanda D. Meadors, Kim P Nixon-Williams. (Callocchia, Frank) (Entered: 09/15/2021)
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Sept. 15, 2021
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Sept. 15, 2021
PACER
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44
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ORDER of USCA as to 32 Notice of Appeal filed by Ralph M. Mohr, Erie County Board of Elections, Jeremy J Zellner, 30 Notice of Appeal filed by India B Walton; ORDERED that that to the extent the motions request an administrative stay pending review by a three-judge panel, the motion is GRANTED. The motion is REFERRED to the three-judge panel sitting September 17, 2021.(SG) (Entered: 09/16/2021)
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Sept. 16, 2021
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Sept. 16, 2021
PACER
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45
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ORDER of USCA as to 32 Notice of Appeal filed by Ralph M. Mohr, Erie County Board of Elections, Jeremy J Zellner, 30 Notice of Appeal filed by India B Walton; ORDERED that the motion for a stay of the district court's order granting a preliminary injunction pending appeal is GRANTED. It is further ORDERED that the motion of the Election Commissioner's Association for the State of New York for leave to file an amicus brief is GRANTED. (SG) (Entered: 09/17/2021)
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Sept. 17, 2021
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Sept. 17, 2021
Clearinghouse
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46
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DESIGNATION of Record on Appeal by India B Walton re 30 Notice of Appeal CLERK TO FOLLOW UP (Cooney, Sean) (Entered: 09/21/2021)
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Sept. 21, 2021
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Sept. 21, 2021
RECAP
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47
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CLERKS CERTIFICATE filed and electronically sent to Court of Appeals re 46 Designation of Record on Appeal/Index. (SG) (Entered: 09/22/2021)
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Sept. 22, 2021
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Sept. 22, 2021
PACER
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48
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DESIGNATION of Record on Appeal by Erie County Board of Elections, Ralph M. Mohr, Jeremy J Zellner re 32 Notice of Appeal CLERK TO FOLLOW UP (Attachments: # 1 Appendix Court Docket from Form C)(Toth, Jeremy) (Entered: 09/27/2021)
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Sept. 27, 2021
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Sept. 27, 2021
PACER
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49
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CLERKS CERTIFICATE filed and electronically sent to Court of Appeals re 48 Designation of Record on Appeal/Index. (SG) (Entered: 09/28/2021)
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Sept. 28, 2021
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Sept. 28, 2021
PACER
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50
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Second MOTION for Extension of Time to File their Motion for Attorneys' Fees by Jomo D. Akono, Florence E Baugh, Leonard A. Matarese, Carlanda D. Meadors, Kim P Nixon-Williams. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Bryan L. Sells)(Sells, Bryan) (Entered: 10/18/2021)
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Oct. 18, 2021
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Oct. 18, 2021
PACER
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51
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TEXT ORDER granting Plaintiffs' 50 Motion for Extension of Time to File their Motion for Attorneys' Fees. Plaintiffs' time to file their motion is extended until further order from the Court. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 10/19/2021. (JES) (Entered: 10/19/2021)
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Oct. 19, 2021
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Oct. 19, 2021
PACER
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52
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RETURNS OF SERVICE UNEXECUTED re 29 Text Order. (SG) (Entered: 10/28/2021)
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Oct. 28, 2021
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Oct. 28, 2021
PACER
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53
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MANDATE of USCA as to 32 Notice of Appeal filed by Ralph M. Mohr, Erie County Board of Elections, Jeremy J Zellner, 30 Notice of Appeal filed by India B Walton; ORDERED that the motions to dismiss the consolidated appeals as moot is GRANTED and the appeals are DISMISSED. ORDERED that the motion to vacate the district court's preliminary injunction is GRANTED and the injunction is VACATED.(SG) (Entered: 03/09/2022)
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March 9, 2022
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March 9, 2022
PACER
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54
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Letter filed by Jeremy J Zellner, Ralph M. Mohr, Erie County Board of Elections as to Jeremy J Zellner, Ralph M. Mohr, Erie County Board of Elections Requesting an Extension. (Toth, Jeremy) (Entered: 03/22/2022)
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March 22, 2022
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March 22, 2022
RECAP
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55
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TEXT ORDER re 54. Defendants shall answer or otherwise respond to the 25 Amended Complaint by 4/12/2022. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 3/23/2022. (JES) (Entered: 03/23/2022)
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March 23, 2022
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March 23, 2022
PACER
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56
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First MOTION to appear pro hac vice for Jason Harrow ( Filing fee $ 200 receipt number ANYWDC-4538520.) by Erie County Board of Elections, Ralph M. Mohr, Jeremy J Zellner.(Toth, Jeremy) (Entered: 03/28/2022)
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March 28, 2022
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March 28, 2022
RECAP
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57
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TEXT ORDER granting 56 Motion to Appear pro hac vice for Jason Harrow. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 3/30/2022. (JES)-CLERK TO FOLLOW UP- (Entered: 03/30/2022)
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March 30, 2022
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March 30, 2022
PACER
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58
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NOTICE of Voluntary Dismissal by India B Walton (Cooney, Sean) (Entered: 03/31/2022)
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March 31, 2022
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March 31, 2022
RECAP
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59
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TEXT ORDER acknowledging 58 . This case is dismissed as to Intervenor India B. Walton, with prejudice. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 4/1/2022. (JES)-CLERK TO FOLLOW UP- (Entered: 04/01/2022)
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April 1, 2022
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April 1, 2022
PACER
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60
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ANSWER to 25 Amended Complaint by Erie County Board of Elections, Ralph M. Mohr, Jeremy J Zellner.(Harrow, Jason) (Entered: 04/12/2022)
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April 12, 2022
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April 12, 2022
PACER
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ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution.(SG)
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April 13, 2022
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April 13, 2022
PACER
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61
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TEXT ORDER: The parties shall appear for a Status Conference on 4/20/2022 at 11:00 AM in US Courthouse, 2 Niagara Square, Buffalo, NY 14202-3350 before Hon. John L. Sinatra, Jr. Out of town counsel may appear in person or contact chambers for teleconference accommodations. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 4/13/2022. (KLH) (Entered: 04/13/2022)
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April 13, 2022
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April 13, 2022
PACER
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62
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Minute Entry for proceedings held before Hon. John L. Sinatra, Jr.: Status Conference held on 4/20/2022. Parties advise the Court that they are moving forward with discovery. Court will order a non-dispositive referral to the magistrate court to work through discovery matters. Text Order to follow. Appearances. For Plaintiffs: Frank Callocchia and Bryan Sells (by teleconference). For Defendants: Jason Harrow (by teleconference) and Jeremy Toth. (Court Reporter Bonnie Weber) (KLH) (Entered: 04/20/2022)
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April 20, 2022
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April 20, 2022
PACER
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63
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TEXT ORDER REFERRING CASE to Magistrate Judge Michael J. Roemer for all pretrial matters, excluding dispositive motions. See 28 U.S.C. § 636(b)(1)(A); Fed. R. Civ. P. 72(a). The parties are encouraged to consider consenting to Magistrate Judge jurisdiction pursuant to 28 U.S.C. § 636(c). Consent forms are available from Magistrate Judge Roemer or the Clerk of Court. IT IS SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 4/20/2022. (KLH) (Entered: 04/20/2022)
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April 20, 2022
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April 20, 2022
PACER
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64
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TEXT ORDER. The parties are hereby directed to jointly complete and email to chambers at roemer@nywd.uscourts.gov, the attached case management order. Such shall be completed within 30 days of the date of this Text Order. The Court will issue a final case management order upon receipt and review of the proposed deadlines. SO ORDERED. Issued by Hon. Michael J. Roemer on 4/22/2022. (RAZ) (Entered: 04/22/2022)
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April 22, 2022
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April 22, 2022
PACER
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65
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CASE MANAGEMENT ORDER. (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.)Mandatory Disclosures due by 6/1/2022. Motions to Join Parties/Amend Pleadings due by 8/1/2022. Plaintiff Expert Witness ID due by 8/1/2022. Defendant Expert Witness ID due by 9/1/2022. Motions to Compel Discovery due by 10/1/2022. Discovery completed by 11/1/2022. Dispositive Motions due by 12/1/2022. Signed by Hon. Michael J. Roemer on 5/27/2022. (RAZ) (Entered: 05/27/2022)
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May 27, 2022
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May 27, 2022
RECAP
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66
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MOTION for Summary Judgment by Erie County Board of Elections, Ralph M. Mohr, Jeremy J Zellner. (Attachments: # 1 Memorandum in Support, # 2 Statement of Undisputed Facts, # 3 Appendix)(Harrow, Jason) (Entered: 12/01/2022)
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Dec. 1, 2022
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Dec. 1, 2022
PACER
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67
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TEXT ORDER re 66 Motion for Summary Judgment. Plaintiffs' response is due January 5, 2023. Defendants' reply is due January 26, 2023. Oral argument will be scheduled as necessary. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 12/2/22. (MEM) (Entered: 12/02/2022)
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Dec. 2, 2022
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Dec. 2, 2022
PACER
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68
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RESPONSE in Opposition re 66 MOTION for Summary Judgment filed by Jomo D. Akono, Florence E Baugh, Leonard A. Matarese, Carlanda D. Meadors, Kim P Nixon-Williams. (Attachments: # 1 Plaintiffs' Response to the Defendants' Statement of Undisputed Material Facts, # 2 Plaintiffs' Appendix)(Sells, Bryan) (Entered: 01/04/2023)
1 Plaintiffs' Response to the Defendants' Statement of Undisputed Mater
View on PACER
2 Plaintiffs' Appendix
View on PACER
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Jan. 4, 2023
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Jan. 4, 2023
Clearinghouse
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69
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TEXT REFERRAL ORDER (DISPOSITIVE) - In addition to Dkt. 63 Text Order Referring Case to Magistrate Judge Roemer for all pretrial matters excluding dispositive motions, the Magistrate Judge shall also hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and (C). All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. § 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 1/5/2023. (KLH) (Entered: 01/05/2023)
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Jan. 5, 2023
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Jan. 5, 2023
PACER
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SCHEDULING NOTICE as to 66 MOTION for Summary Judgment. Motion Hearing set for 1/31/2023 01:00 PM in via video conference before Hon. Michael J. Roemer. (RAZ)
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Jan. 9, 2023
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Jan. 9, 2023
PACER
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70
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REPLY to Response to Motion re 66 MOTION for Summary Judgment filed by Erie County Board of Elections, Ralph M. Mohr, Jeremy J Zellner. (Harrow, Jason) (Entered: 01/23/2023)
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Jan. 23, 2023
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Jan. 23, 2023
PACER
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71
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CONSENT to Jurisdiction by US Magistrate Judge by Jomo D. Akono, Florence E Baugh, Erie County Board of Elections, Leonard A. Matarese, Carlanda D. Meadors, Ralph M. Mohr, Kim P Nixon-Williams, Jeremy J Zellner. Case reassigned to Magistrate Hon. Michael J. Roemer. Signed by Hon. John L. Sinatra, Jr. on 1/26/23. (SG) (Entered: 01/26/2023)
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Jan. 26, 2023
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Jan. 26, 2023
RECAP
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72
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Minute Entry for proceedings held before Hon. Michael J. Roemer. Appearances via Zoom: Bryan L. Sells, Esq. and Frank C. Callocchia, Esq. on behalf of plaintiffs; Jason S. Harrow, Esq. on behalf of defendant.Motion Hearing held on 1/31/2023 re 66 MOTION for Summary Judgment filed by Ralph M. Mohr, Erie County Board of Elections, Jeremy J Zellner. The Court requested additional briefing. Simultaneous briefs due by 3/15/2023. Responses due by 4/12/2023 at which time the matter will be submitted for decision. (Court Reporter ZoomGov.) NOTE: The Court advised parties and listeners that they are strictly prohibited from recording, reproducing or rebroadcasting any part of this hearing in whole or in part in any fashion. Violation of this Court's Order could be deemed a contempt of Court. (RAZ) (Entered: 02/01/2023)
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Jan. 31, 2023
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Jan. 31, 2023
PACER
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73
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 1/31/23, before Judge Hon. Michael J. Roemer. Court Reporter/Transcriber Brandi Wilkins, scalisba@gmail.com. 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 3/2/2023. Redacted Transcript Deadline set for 3/13/2023. Release of Transcript Restriction set for 5/10/2023. (Wilkins, Brandi) (Entered: 02/09/2023)
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Feb. 9, 2023
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Feb. 9, 2023
PACER
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74
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Consent MOTION for Extension of Time to File supplemental briefing by Jomo D. Akono, Florence E Baugh, Leonard A. Matarese, Carlanda D. Meadors, Kim P Nixon-Williams.(Sells, Bryan) (Entered: 03/10/2023)
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March 10, 2023
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March 10, 2023
PACER
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75
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TEXT ORDER granting 74 Motion for Extension of Time to File Simultaneous briefs which will now be due by 3/17/2023. Responses due by 4/14/2023 at which time the matter will be submitted for decision. SO ORDERED. Issued by Hon. Michael J. Roemer on 3/10/2023. (RAZ) (Entered: 03/10/2023)
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March 10, 2023
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March 10, 2023
PACER
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76
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RESPONSE in Support re 66 MOTION for Summary Judgment Supplemental Brief at Request of Court filed by Erie County Board of Elections, Ralph M. Mohr, Jeremy J Zellner. (Harrow, Jason) (Entered: 03/16/2023)
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March 16, 2023
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March 16, 2023
PACER
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77
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RESPONSE in Opposition re 66 MOTION for Summary Judgment filed by Jomo D. Akono, Florence E Baugh, Leonard A. Matarese, Carlanda D. Meadors, Kim P Nixon-Williams. (Sells, Bryan) (Entered: 03/17/2023)
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March 17, 2023
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March 17, 2023
PACER
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78
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REPLY/RESPONSE to re 77 Response in Opposition to Motion filed by Erie County Board of Elections, Ralph M. Mohr, Jeremy J Zellner. (Harrow, Jason) (Entered: 04/07/2023)
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April 7, 2023
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April 7, 2023
PACER
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79
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REPLY/RESPONSE to re 76 Response in Support of Motion (Plaintiffs' Response in Opposition to the Defendants' Supplemental Brief in Support of their Motion for Summary Judgment) filed by Jomo D. Akono, Florence E Baugh, Leonard A. Matarese, Carlanda D. Meadors, Kim P Nixon-Williams. (Sells, Bryan) (Entered: 04/12/2023)
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April 12, 2023
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April 12, 2023
PACER
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80
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DECISION AND ORDER granting defendants' 66 Motion for Summary Judgment. The Clerk of the Court shall close this case. Signed by Hon. Michael J. Roemer on 7/10/2023. (RAZ)Clerk to Follow up
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July 11, 2023
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July 11, 2023
Clearinghouse
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82
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NOTICE OF APPEAL as to 81 Judgment, by Jomo D. Akono, Florence E Baugh, Leonard A. Matarese, Carlanda D. Meadors, Kim P Nixon-Williams. Filing fee $ 505, receipt number ANYWDC-4928231. Appeal Record due by 8/2/2023. (Sells, Bryan) (Entered: 07/19/2023)
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July 19, 2023
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July 19, 2023
PACER
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Within 14 days of filing the Notice of Appeal, the appellant is required to electronically file with the District Court an index of filed documents it wishes the Court of Appeals to consider, called Designation of Record on Appeal. After receipt, the Clerks Office will certify and transmit the index to the Circuit. (SG)
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July 20, 2023
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July 20, 2023
PACER
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Pursuant to Local Rule 12.1 of the US Court of Appeals for the Second Circuit, Forms C and D must be completed within 14 days after the filing of a notice of appeal. Forms C and D can be obtained at www.ca2.uscourts.gov. (SG)
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July 20, 2023
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July 20, 2023
PACER
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Remark
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July 20, 2023
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July 20, 2023
PACER
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83
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DESIGNATION of Record on Appeal by Jomo D. Akono, Florence E Baugh, Leonard A. Matarese, Carlanda D. Meadors, Kim P Nixon-Williams re 82 Notice of Appeal CLERK TO FOLLOW UP (Sells, Bryan) (Entered: 07/24/2023)
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July 24, 2023
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July 24, 2023
PACER
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