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1
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COMPLAINT with Jury Demand; against All Plaintiffs by John Mann Anderson. ( Filing Fee PAID $402 receipt number AWIEDC-4527596) (Attachments: # 1 Civil Cover Sheet, # 2 Jury Demand)(Story, Lonnie)
1 Civil Cover Sheet
View on PACER
2 Jury Demand
View on PACER
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Oct. 26, 2023
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Oct. 26, 2023
Clearinghouse
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DISREGARD NOTICE Regarding assignment of this matter to Judge William C Griesbach; Consent/refusal forms for Magistrate Judge Duffin to be filed within 21 days; the consent/refusal form is available here. Pursuant to Civil Local Rule 7.1 a disclosure statement is to be filed upon the first filing of any paper and should be filed now if not already filed. (jcl) Modified on 10/27/2023 (vkb)
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Oct. 27, 2023
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Oct. 27, 2023
PACER
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Case Opening Modification
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Oct. 27, 2023
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Oct. 27, 2023
PACER
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Case Opening Modification(s); The following modification(s) have been made to your case entry: The nature of suit has been modified to reflect that this case is a Prisoner Petition 555 - Prison Condition. (vkb)
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Oct. 27, 2023
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Oct. 27, 2023
PACER
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Notice of Judge Assignment
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Oct. 27, 2023
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Oct. 27, 2023
PACER
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AMENDED NOTICE Regarding assignment of this matter to Judge J P Stadtmueller; (case randomly assigned not based on divisional office as nature of suit is 555) Consent/refusal forms for Magistrate Judge Duffin to be filed within 21 days; the consent/refusal form is available here. Pursuant to Civil Local Rule 7.1 a disclosure statement is to be filed upon the first filing of any paper and should be filed now if not already filed. (vkb)
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Oct. 27, 2023
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Oct. 27, 2023
PACER
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2
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REQUEST for Issuance of Summons by John Mann Anderson (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons)(Story, Lonnie)
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Nov. 1, 2023
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Nov. 1, 2023
PACER
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Summons Issued
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Nov. 2, 2023
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Nov. 2, 2023
PACER
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Summons Issued as to All Defendants. (rcm)
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Nov. 2, 2023
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Nov. 2, 2023
PACER
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3
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NOTICE of Appearance by Brandon T Flugaur on behalf of Kevin A Carr, Randall Hepp, Jared Hoy, Yana Pushich, Melissa Roberts, Wisconsin Department of Corrections. (Flugaur, Brandon)
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Nov. 15, 2023
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Nov. 15, 2023
PACER
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Notice by Clerk to Counsel Re Consent to Magistrate
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Nov. 16, 2023
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Nov. 16, 2023
PACER
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NOTICE from the clerk to ALL PARTIES COUNSEL requesting that the Consent/Refusal form to Magistrate Judge William E. Duffin be filed within 7 days; the form is available here. (bx)
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Nov. 16, 2023
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Nov. 16, 2023
PACER
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4
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Magistrate Judge Jurisdiction Form filed by Kevin A Carr, Randall Hepp, Jared Hoy, Yana Pushich, Melissa Roberts, Wisconsin Department of Corrections. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Flugaur, Brandon)
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Nov. 17, 2023
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Nov. 17, 2023
PACER
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5
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Magistrate Judge Jurisdiction Form filed by All Plaintiffs. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Story, Lonnie)
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Nov. 17, 2023
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Nov. 17, 2023
PACER
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6
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SUMMONS Returned Executed by John Mann Anderson. Jared Hoy served on 11/7/2023. (Story, Lonnie)
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Nov. 17, 2023
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Nov. 17, 2023
PACER
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7
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SUMMONS Returned Executed by John Mann Anderson. Kevin A Carr served on 11/7/2023. (Story, Lonnie)
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Nov. 17, 2023
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Nov. 17, 2023
PACER
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8
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SUMMONS Returned Executed by John Mann Anderson. Melissa Roberts served on 11/7/2023. (Story, Lonnie)
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Nov. 17, 2023
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Nov. 17, 2023
PACER
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9
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SUMMONS Returned Executed by John Mann Anderson. Wisconsin Department of Corrections served on 11/7/2023. (Story, Lonnie)
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Nov. 17, 2023
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Nov. 17, 2023
PACER
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10
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SUMMONS Returned Executed by John Mann Anderson. Randall Hepp served on 11/15/2023. (Story, Lonnie)
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Nov. 17, 2023
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Nov. 17, 2023
PACER
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11
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SUMMONS Returned Executed by John Mann Anderson. Yana Pushich served on 11/15/2023. (Story, Lonnie)
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Nov. 17, 2023
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Nov. 17, 2023
PACER
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12
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ORDER REASSIGNING CASE ON CONSENT signed by Judge J P Stadtmueller on 11/17/2023. Case reassigned to Magistrate Judge William E Duffin for all further proceedings. Judge J P Stadtmueller no longer assigned to case. (cc: all counsel)(jm)
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Nov. 17, 2023
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Nov. 17, 2023
RECAP
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13
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SCREENING ORDER signed by Magistrate Judge William E Duffin on 11/20/2023 re 1 Plaintiffs' Proposed Class Action Complaint. Plaintiffs' demands for compensatory and punitive damages are DISMISSED, as all defendants are being sued only in their official capacities. The defendants shall answer or otherwise respond to the remainder of the complaint, as to the injunctive relief requested, within 21 days of this order. (cc: all counsel)(lz)
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Nov. 20, 2023
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Nov. 20, 2023
Clearinghouse
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14
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AMENDED COMPLAINT with Jury Demand against All Defendants filed by Jason Natcone, Patrick Korkowski, John Mann Anderson, Jayvon R Flemming, Kenneth Dalberg, Ashton Dreiling, Justin Welch, Edgar Salinas-Leal, Kevin L Burkes, Brad Schmitt.(Story, Lonnie)
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Nov. 21, 2023
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Nov. 21, 2023
Clearinghouse
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15
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SECOND SCREENING ORDER re 14 Amended Complaint signed by Magistrate Judge William E Duffin on 12/7/2023. The defendants shall answer or otherwise respond to the amended complaint within 21 days of this order. (cc: all counsel)(lz)
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Dec. 7, 2023
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Dec. 7, 2023
PACER
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16
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NOTICE of Appearance by Karla Z Keckhaver on behalf of All Defendants. Attorney(s) appearing: Karla Z. Keckhaver (Keckhaver, Karla)
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Dec. 8, 2023
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Dec. 8, 2023
PACER
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17
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NOTICE of Appearance by Jonathan J Whitney on behalf of All Defendants. Attorney(s) appearing: Jon J. Whitney (Whitney, Jonathan)
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Dec. 8, 2023
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Dec. 8, 2023
PACER
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18
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ANSWER to 14 Amended Complaint, with Jury Demand by Kevin A Carr, Randall Hepp, Jared Hoy, Yana Pushich, Melissa Roberts, Wisconsin Department of Corrections.(Flugaur, Brandon)
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Dec. 28, 2023
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Dec. 28, 2023
Clearinghouse
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19
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NOTICE of Hearing: Rule 16 Telephonic Scheduling Conference set for 1/24/2024 at 09:30 AM (CT) before Magistrate Judge William E Duffin. The parties shall call the court's conference line at 669-254-5252. When prompted, use meeting ID 160 9647 6949# and # again and then enter passcode 943682# to join the call. A joint Rule 26(f) Report shall be filed by 1/17/2024. (cc: all counsel)(lz)
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Jan. 2, 2024
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Jan. 2, 2024
PACER
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20
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NOTICE of Appearance by Samir S Jaber on behalf of Kevin A Carr, Randall Hepp, Jared Hoy, Yana Pushich, Melissa Roberts, Wisconsin Department of Corrections. (Jaber, Samir)
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Jan. 5, 2024
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Jan. 5, 2024
PACER
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21
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ACCEPTANCE OF SERVICE BY DOJ as to Kevin A Carr, Randall Hepp, Jared Hoy, Yana Pushich, Melissa Roberts, Wisconsin Department of Corrections (Flugaur, Brandon)
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Jan. 11, 2024
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Jan. 11, 2024
PACER
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22
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REPORT of Rule 26(f) Plan by John Mann Anderson. (Story, Lonnie)
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Jan. 18, 2024
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Jan. 18, 2024
PACER
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23
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REQUEST for Copy of Complaint from Joshua W Harmon. (Attachments: # 1 Envelope, # 2 Letter from Clerk in response)(lz) Modified on 2/1/2024 (lz). $8.30 paid 2/1/2024 Receipt No 94642. Copies of ECF Nos 1 & 14 mailed 2/2/2024.
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Jan. 18, 2024
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Jan. 18, 2024
PACER
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24
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DISREGARD - FILED IN INCORRECT CASE NOTICE of Hearing: Rule 16 Telephonic Scheduling Conference set for 2/13/2024 at 09:30 AM before Magistrate Judge William E Duffin. The parties shall call the court's conference line at 669-254-5252. When prompted, use meeting ID 160 9647 6949# and # again and then enter passcode 943682# to join the call. A Rule 26(f) report shall be by 2/7/2024. (cc: all counsel)(lz) Modified on 1/22/2024 (lz).
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Jan. 22, 2024
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Jan. 22, 2024
PACER
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Set/Reset Hearings
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Jan. 22, 2024
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Jan. 22, 2024
PACER
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Reset Hearings: Rule 16 Telephonic Scheduling Conference set for 1/24/2024 at 09:30 AM in by Telephone before Magistrate Judge William E Duffin. (lz)
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Jan. 22, 2024
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Jan. 22, 2024
PACER
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25
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Minute Entry for proceedings held before Magistrate Judge William E Duffin: Rule 16 Telephonic Scheduling Conference held on 1/24/2024. Case deadlines set. Scheduling order to be entered. (Tape #Zoom audio 9:31-9:36 am) (lz)
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Jan. 24, 2024
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Jan. 24, 2024
RECAP
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26
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SCHEDULING ORDER signed by Magistrate Judge William E Duffin on 1/24/2024. Plaintiffs Rule 26(a) Initial Disclosures due by 2/28/2024. Defendants motion for failure to exhaust administrative remedies due by 3/25/2024. Defendants Rule 26(a) Disclosures due by 3/28/2024. Plaintiffs motion for class certification due by 4/1/2024. Plaintiffs Expert Witness List due by 5/29/2024. Defendants Expert Witness List due by 6/29/2024. Summary Judgment Motions due by 8/31/2024. Mediation to be completed by 11/1/2024. (cc: all counsel)(lz)
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Jan. 24, 2024
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Jan. 24, 2024
RECAP
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27
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DOCUMENT REPLACED WITH RULE 5(d) INITIAL DISCLOSURES Statement by All Plaintiffs. (Story, Lonnie) Modified on 3/1/2024 (mlm). (Main Document 27 replaced on 3/1/2024) (mlm).
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Feb. 28, 2024
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Feb. 28, 2024
PACER
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28
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MOTION for Preliminary Injunction by John Mann Anderson. (Story, Lonnie)
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March 22, 2024
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March 22, 2024
Clearinghouse
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29
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MOTION for Partial Summary Judgment on Exhaustion Grounds by Kevin A Carr, Randall Hepp, Jared Hoy, Yana Pusich, Melissa Roberts, Wisconsin Department of Corrections. (Jaber, Samir)
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March 25, 2024
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March 25, 2024
Clearinghouse
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30
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BRIEF in Support filed by Kevin A Carr, Randall Hepp, Jared Hoy, Yana Pusich, Melissa Roberts, Wisconsin Department of Corrections re 29 MOTION for Partial Summary Judgment on Exhaustion Grounds . (Jaber, Samir)
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March 25, 2024
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March 25, 2024
RECAP
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31
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Proposed Findings of Fact by Kevin A Carr, Randall Hepp, Jared Hoy, Yana Pusich, Melissa Roberts, Wisconsin Department of Corrections (Jaber, Samir)
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March 25, 2024
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March 25, 2024
RECAP
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32
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DECLARATION of Emily Davidson (Attachments: # 1 Exhibit 1000 - Anderson's ICHR, # 2 Exhibit 1001 - WCI-2023-8196, # 3 Exhibit 1002 - WCI-2023-13260, # 4 Exhibit 1003 - Kurkowski ICHR, # 5 Exhibit 1004 - WCI-2023-12447, # 6 Exhibit 1005 - WCI-2023-12844-, # 7 Exhibit 1006 - Dalberg's ICHR, # 8 Exhibit 1007 - WCI-2023-10705, # 9 Exhibit 1008 - Flemming's ICHR, # 10 Exhibit 1009 - WCI-2023-12289, # 11 Exhibit 1010 - WCI-2023-14913, # 12 Exhibit 1011 - Natcone's ICHR, # 13 Exhibit 1012 - WCI-2023-8465, # 14 Exhibit 1013 - Welch's ICHR, # 15 Exhibit 1014 - WCI-2023-8259, # 16 Exhibit 1015 - Dreiling's ICHR, # 17 Exhibit 1016 - WCI-2023-10120, # 18 Exhibit 1017 - Burkes ICHR, # 19 Exhibit 1018 - WCI-2023-9370, # 20 Exhibit 1019 - WCI-2023-10358, # 21 Exhibit 1020 - Salinas-Leal's ICHR, # 22 Exhibit 1021 - Schmitt's ICHR)(Jaber, Samir)
1 Exhibit 1000 - Anderson's ICHR
View on RECAP
2 Exhibit 1001 - WCI-2023-8196
View on RECAP
3 Exhibit 1002 - WCI-2023-13260
View on RECAP
4 Exhibit 1003 - Kurkowski ICHR
View on RECAP
5 Exhibit 1004 - WCI-2023-12447
View on RECAP
6 Exhibit 1005 - WCI-2023-12844-
View on RECAP
7 Exhibit 1006 - Dalberg's ICHR
View on RECAP
8 Exhibit 1007 - WCI-2023-10705
View on RECAP
9 Exhibit 1008 - Flemming's ICHR
View on RECAP
10 Exhibit 1009 - WCI-2023-12289
View on RECAP
11 Exhibit 1010 - WCI-2023-14913
View on RECAP
12 Exhibit 1011 - Natcone's ICHR
View on RECAP
13 Exhibit 1012 - WCI-2023-8465
View on RECAP
14 Exhibit 1013 - Welch's ICHR
View on RECAP
15 Exhibit 1014 - WCI-2023-8259
View on RECAP
16 Exhibit 1015 - Dreiling's ICHR
View on RECAP
17 Exhibit 1016 - WCI-2023-10120
View on RECAP
18 Exhibit 1017 - Burkes ICHR
View on RECAP
19 Exhibit 1018 - WCI-2023-9370
View on RECAP
20 Exhibit 1019 - WCI-2023-10358
View on RECAP
21 Exhibit 1020 - Salinas-Leal's ICHR
View on RECAP
22 Exhibit 1021 - Schmitt's ICHR
View on RECAP
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March 25, 2024
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March 25, 2024
RECAP
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33
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MOTION to Stay Merits Discovery Pending a Decision on their Motion for Partial Summary Judgment for Failure to Exhaust by Kevin A Carr, Randall Hepp, Jared Hoy, Yana Pusich, Melissa Roberts, Wisconsin Department of Corrections. (Jaber, Samir)
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March 25, 2024
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March 25, 2024
RECAP
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34
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First MOTION to Certify Class by All Plaintiffs. (Story, Lonnie)
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March 28, 2024
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March 28, 2024
Clearinghouse
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35
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RESPONSE to Motion filed by Kevin A Carr, Randall Hepp, Jared Hoy, Yana Pusich, Melissa Roberts, Wisconsin Department of Corrections re 28 MOTION for Preliminary Injunction . (Jaber, Samir)
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April 8, 2024
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April 8, 2024
RECAP
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36
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RESPONSE to Motion filed by All Plaintiffs re 29 MOTION for Partial Summary Judgment on Exhaustion Grounds . (Story, Lonnie)
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April 12, 2024
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April 12, 2024
PACER
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37
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BRIEF IN OPPOSITION BRIEF in Support filed by All Plaintiffs re 29 Defendants' MOTION for Partial Summary Judgment on Exhaustion Grounds . (Story, Lonnie) Modified on 4/15/2024 (lz).
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April 12, 2024
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April 12, 2024
PACER
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38
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Proposed Findings of Fact by All Plaintiffs (Story, Lonnie)
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April 12, 2024
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April 12, 2024
PACER
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39
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BRIEF in Opposition filed by All Defendants re 34 First MOTION to Certify Class . (Attachments: # 1 Exhibit A - Arizona Complaint, Parsons v. Ryan)(Keckhaver, Karla)
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April 18, 2024
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April 18, 2024
PACER
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40
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REPLY BRIEF in Support filed by Kevin A Carr, Randall Hepp, Jared Hoy, Yana Pusich, Melissa Roberts, Wisconsin Department of Corrections re 29 MOTION for Partial Summary Judgment on Exhaustion Grounds . (Jaber, Samir)
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April 26, 2024
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April 26, 2024
PACER
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41
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RESPONSE filed by Kevin A Carr, Randall Hepp, Jared Hoy, Yana Pusich, Melissa Roberts, Wisconsin Department of Corrections re 38 Proposed Findings of Fact (Jaber, Samir)
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April 26, 2024
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April 26, 2024
PACER
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42
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TEXT ONLY ORDER signed by Magistrate Judge William E Duffin on 5/3/2024. The motion to stay (ECF No. 33 ) is GRANTED as unopposed. (cc: all counsel)(lz)
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May 3, 2024
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May 3, 2024
PACER
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Order on Motion to Stay
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May 3, 2024
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May 3, 2024
PACER
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43
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STRICKEN per DECISION AND ORDER ECF No 52 AFFIDAVIT DECLARATION of Burks, Kevin (Story, Lonnie) Modified on 5/23/2024 (lz). Modified on 5/23/2024 (lz).
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May 9, 2024
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May 9, 2024
RECAP
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44
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STRICKEN per DECISION AND ORDER ECF No 52 AFFIDAVIT DECLARATION of Kurklski, Patrick (Story, Lonnie) Modified on 5/23/2024 (lz). Modified on 5/23/2024 (lz).
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May 9, 2024
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May 9, 2024
PACER
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45
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STRICKEN per DECISION AND ORDER ECF No 52 AFFIDAVIT DECLARATION of Salinas-Leal, Edgar (Story, Lonnie) Modified on 5/23/2024 (lz). Modified on 5/23/2024 (lz).
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May 9, 2024
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May 9, 2024
RECAP
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46
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MOTION for Extension of Time by All Plaintiffs. (Story, Lonnie)
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May 13, 2024
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May 13, 2024
PACER
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47
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TEXT ONLY ORDER signed by Magistrate Judge William E Duffin on 5/14/2024. The plaintiffs motion for an extension of time 46 should have been filed as an expedited motion under Civil Local Rule 7(h) and indicated whether the defendant opposed the motion, see Tips for Practicing Before Judge Duffin. The defendants shall respond to the motion in accordance with Civ. L.R. 7(h). (cc: all counsel)(lz)
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May 14, 2024
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May 14, 2024
PACER
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Text Only Order
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May 14, 2024
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May 14, 2024
PACER
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48
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STRICKEN per DECISION AND ORDER ECF No 52 AFFIDAVIT DECLARATION of Anderson, John (Story, Lonnie) Modified on 5/23/2024 (lz). Modified on 5/23/2024 (lz).
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May 14, 2024
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May 14, 2024
PACER
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49
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MOTION to Strike Plaintiffs' Declarations (Dkts. 43-45, 48.) by Kevin A Carr, Randall Hepp, Jared Hoy, Yana Pusich, Melissa Roberts, Wisconsin Department of Corrections. (Jaber, Samir)
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May 17, 2024
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May 17, 2024
RECAP
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50
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RESPONSE to Motion filed by Kevin A Carr, Randall Hepp, Jared Hoy, Yana Pusich, Melissa Roberts, Wisconsin Department of Corrections re 46 MOTION for Extension of Time . (Jaber, Samir)
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May 17, 2024
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May 17, 2024
PACER
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51
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TEXT ONLY ORDER signed by Magistrate Judge William E Duffin on 5/21/2024. The plaintiffs' motion for an extension of time (ECF No. 46) is GRANTED. The deadline for the plaintiffs' expert disclosure is extended by 60 days. (cc: all counsel)(lz)
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May 21, 2024
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May 21, 2024
PACER
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Order on Motion for Extension of Time
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May 21, 2024
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May 21, 2024
PACER
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52
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DECISION AND ORDER signed by Magistrate Judge William E Duffin on 5/23/2024 GRANTING 29 Defendants' Motion for Partial Summary Judgment on Exhaustion Grounds; and GRANTING 49 Defendants' Motion to Strike Plaintiffs' Affidavits (ECF Nos. 43, 44, 45, 48). Patrick Kurkowski, Kenneth Dalberg, Edgar Salinas-Leal, Bradley Schmitt, Justin Welch, Ashton Dreiling, John Anderson, and Jayvon Flemming are DISMISSED as plaintiffs. The plaintiffs' mental health and isolation-related claims are DISMISSED. (cc: all counsel)(lz)
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May 23, 2024
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May 23, 2024
Clearinghouse
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53
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DECISION AND ORDER signed by Magistrate Judge William E Duffin on 6/4/2024. The plaintiffs' motion for a preliminary injunction (ECF No. 28 ) is denied. The plaintiffs' motion for class certification (ECF No. 34 ) is denied. (cc: all counsel)(mlm)
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June 4, 2024
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June 4, 2024
Clearinghouse
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54
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NOTICE of Appearance by Stephen P New on behalf of Kevin L Burkes, Jason Natcone. Attorney(s) appearing: Stephen New (New, Stephen)
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June 24, 2024
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June 24, 2024
PACER
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55
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NOTICE OF APPEAL as to 52 Order on Motion for Partial Summary Judgment,,, Order on Motion to Strike,, by All Plaintiffs. Filing Fee PAID $605, receipt number AWIEDC-4706609 (cc: all counsel) (New, Stephen)
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June 24, 2024
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June 24, 2024
PACER
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56
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Docketing Statement by All Plaintiffs re 55 Notice of Appeal (cc: all counsel) (New, Stephen)
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June 24, 2024
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June 24, 2024
PACER
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57
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Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 55 Notice of Appeal (lmf)
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June 25, 2024
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June 25, 2024
PACER
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58
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Attorney Cover Letter re: 55 Notice of Appeal (Attachments: # 1 Docket Sheet)(lmf)
1 Docket Sheet
View on PACER
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June 25, 2024
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June 25, 2024
RECAP
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59
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USCA Case Number 24-2086 re: 55 Notice of Appeal. (lmf)
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June 25, 2024
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June 25, 2024
PACER
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60
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MOTION to Stay Case Deadlines Pending Appeal by Kevin A Carr, Randall Hepp, Jared Hoy, Yana Pusich, Melissa Roberts, Wisconsin Department of Corrections. (Jaber, Samir)
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June 28, 2024
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June 28, 2024
RECAP
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61
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USCA Mandate (certified copy) as to 55 Notice of Appeal, USCA Number 24-2086. Upon consideration of the MOTION FOR VOLUNTARY DISMISSAL, filed onJuly 19, 2024, by counsel for the appellants, IT IS ORDERED that the rule to show cause dated July 18, 2024, is DISCHARGED. This appeal is DISMISSED in accordance with Federal Rule of Appellate Procedure 42(b). (lmf)
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July 19, 2024
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July 19, 2024
Clearinghouse
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62
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TEXT ONLY ORDER signed by Magistrate Judge William E Duffin on 7/22/2024. The motion to stay (ECF No. 60 ) is DISMISSED AS MOOT. (cc: all counsel)(lz)
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July 22, 2024
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July 22, 2024
PACER
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Order on Motion to Stay
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July 22, 2024
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July 22, 2024
PACER
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Terminate Case - Notice Attorneys
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Aug. 6, 2024
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Aug. 6, 2024
PACER
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Terminated Case
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Aug. 6, 2024
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Aug. 6, 2024
PACER
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63
|
STIPULATION FOR DISMISSAL MOTION to Dismiss by All Plaintiffs. (Story, Lonnie) Modified on 8/6/2024 (lz).
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Aug. 6, 2024
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Aug. 6, 2024
RECAP
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Case Terminated without prejudice, with each side to bear its own costs and fees pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). See ECF No 63 Stipulation of Voluntary Dismissal. (lz)
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Aug. 6, 2024
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Aug. 6, 2024
PACER
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