Case: Schmidt v. City of Norfolk

Complaint ( Filing fee $ 405, receipt number AVAEDC-9803266.), filed by Lee Schmidt, Crystal Arrington. (Attachments: # 1 Civil Cover Sheet)(Frommer, Robert) (Entered: 10/21/2024)

1 Civil Cover Sheet

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NOTICE of Appearance by Robert Peller Frommer on behalf of Crystal Arrington, Lee Schmidt (Frommer, Robert) (Entered: 10/21/2024)

Proposed Summons for City of Norfolk by Crystal Arrington, Lee Schmidt (Frommer, Robert) (Entered: 10/21/2024)

Proposed Summons to Norfolk Police Department by Crystal Arrington, Lee Schmidt (Frommer, Robert) (Entered: 10/21/2024)

Proposed Summons to Mark Talbot, in his official capacity as the Norfolk Chief of Police by Crystal Arrington, Lee Schmidt (Frommer, Robert) (Entered: 10/21/2024)

Financial Interest Disclosure Statement (Local Rule 7.1) by Crystal Arrington, Lee Schmidt. (Frommer, Robert) (Entered: 10/21/2024)

Motion to appear Pro Hac Vice by Michael B. Soyfer and Certification of Local Counsel Robert Frommer Filing fee $ 75, receipt number AVAEDC-9803467. by Crystal Arrington, Lee Schmidt. (Frommer, Robert) (Entered: 10/21/2024)

Motion to appear Pro Hac Vice by Joshua A. Windham and Certification of Local Counsel Robert Frommer Filing fee $ 75, receipt number AVAEDC-9803480. by Crystal Arrington, Lee Schmidt. (Frommer, Robert) (Entered: 10/21/2024)

Three (3) Summonses Issued as to City of Norfolk, Norfolk Police Department, Mark Talbot. NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (Attachments: # 1 Civil Motions Procedures)(epri, ) (Entered: 10/21/2024)

Initial Case Assignment

Initial Case Assignment to Chief District Judge Mark S. Davis and Magistrate Judge Lawrence R. Leonard. (epri, )

ORDER granting 7 Motion for Pro hac vice for Michael Benjamin Soyfer on behalf of Crystal Arrington and Lee Schmidt. Signed by Chief District Judge Mark S. Davis on 10/23/2024. (alet) (Entered: 10/23/2024)

ORDER granting 8 Motion for Pro hac vice for Joshua Aaron Windham on behalf of Crystal Arrington and Lee Schmidt. Signed by Chief District Judge Mark S. Davis on 10/23/2024. (alet) (Entered: 10/23/2024)

SUMMONS Returned Executed by Lee Schmidt, Crystal Arrington City of Norfolk served on 10/28/2024, answer due 11/18/2024 (Frommer, Robert) (Entered: 11/04/2024)

SUMMONS Returned Executed by Lee Schmidt, Crystal Arrington Mark Talbot served on 10/28/2024, answer due 11/18/2024 (Frommer, Robert) (Entered: 11/04/2024)

SUMMONS Returned Executed by Lee Schmidt, Crystal Arrington Norfolk Police Department served on 10/28/2024, answer due 11/18/2024 (Frommer, Robert) (Entered: 11/04/2024)

Joint MOTION for Extension of Time by City of Norfolk, Norfolk Police Department, Mark Talbot. (Attachments: # 1 Proposed Order proposed order Joint Motion for Extension of Time)(Soloria, Karla) (Entered: 11/13/2024)

NOTICE of Appearance by Adam Daniel Melita on behalf of City of Norfolk, Norfolk Police Department, Mark Talbot (Melita, Adam) (Entered: 11/13/2024)

Motions Referred

MOTION REFERRED to Magistrate Judge: Lawrence R. Leonard. 15 Joint MOTION for Extension of Time (jhie, )

ORDER granting 15 Motion for Extension of Time. Defendants shall file their motion in response to the Complaint by November 25, 2024; Plaintiffs shall file a response by December 16, 2024, and the Defendant's reply brief shall be filed within 6 days of Plaintiffs' response. Signed by Magistrate Judge Lawrence R. Leonard on 11/14/2024. (jhie, ) (Entered: 11/14/2024)

MOTION to Dismiss for Failure to State a Claim Lack of Subject Matter Jurisdiction and Lack of Personal Jurisdiction as to the Norfolk Police Department by City of Norfolk, Norfolk Police Department, Mark Talbot. (Soloria, Karla) (Entered: 11/25/2024)

Memorandum in Support re 18 MOTION to Dismiss for Failure to State a Claim Lack of Subject Matter Jurisdiction and Lack of Personal Jurisdiction as to the Norfolk Police Department filed by City of Norfolk, Norfolk Police Department, Mark Talbot. (Soloria, Karla) (Entered: 11/25/2024)

MOTION to Dismiss Norfolk Police Department Without Prejudice, Subject to Conditions by Crystal Arrington, Lee Schmidt. (Attachments: # 1 Proposed Order Consent Order)(Frommer, Robert) (Entered: 12/12/2024)

CONSENT ORDER dismissing the Norfolk Police Department without prejudice. Signed by Chief District Judge Mark S. Davis on 12/13/2024. (jhie, ) (Entered: 12/13/2024)

RESPONSE in Opposition re 18 MOTION to Dismiss for Failure to State a Claim Lack of Subject Matter Jurisdiction and Lack of Personal Jurisdiction as to the Norfolk Police Department filed by Crystal Arrington, Lee Schmidt. (Frommer, Robert) (Entered: 12/16/2024)

REPLY to Response to Motion re 18 MOTION to Dismiss for Failure to State a Claim Lack of Subject Matter Jurisdiction and Lack of Personal Jurisdiction as to the Norfolk Police Department filed by City of Norfolk, Mark Talbot. (Soloria, Karla) (Entered: 12/22/2024)

Request for Hearing by City of Norfolk, Mark Talbot (Soloria, Karla) (Entered: 12/22/2024)

Motion to appear Pro Hac Vice by Tahmineh Dehbozorgi and Certification of Local Counsel Robert Frommer Filing fee $ 75, receipt number AVAEDC-9946469. by Crystal Arrington, Lee Schmidt. (Frommer, Robert) (Entered: 01/14/2025)

Notice of Correction re 25 Motion to appear Pro Hac Vice by Tahmineh Dehbozorgi and Certification of Local Counsel Robert Frommer Filing fee $ 75, receipt number AVAEDC-9946469. Counsel is advised that the application must have at least one other federal district court listed where the Applicant is admitted to practice in. Please refile with the correction. Counsel does not need to pay another filing fee. (alet)

Notice of Correction

Amended Motion to appear Pro Hac Vice by Tahmineh Dehbozorgi and Certification of Local Counsel Robert Frommer by Crystal Arrington, Lee Schmidt. (Frommer, Robert) (Entered: 01/21/2025)

Refer for 16(b) (jhie, )

Refer for 16(b)

ORDER granting 26 Motion for Pro hac vice Appointed Tahmineh Dehbozorgi for Crystal Arrington,Tahmineh Dehbozorgi for Lee Schmidt. Signed by Chief District Judge Mark S. Davis on 1/23/2025. (alet) (Entered: 01/23/2025)

RULE 26(f) PRETRIAL ORDER: Rule 16(b) Scheduling Conference set for 2/20/2025 at 09:00 AM Remotely via ZoomGov. Signed by Magistrate Judge Lawrence R. Leonard and filed on 2/5/2025. (Invitations will be sent to counsel)(vwar) (Entered: 02/05/2025)

OPINION AND ORDER denying Defendants' 18 Motion to Dismiss on both Rule 12(b)(1) and Rule 12(b)(6) grounds. Signed by Chief District Judge Mark S. Davis on 2/5/2025. (jhie, )

ANSWER to Complaint by City of Norfolk, Mark Talbot.(Soloria, Karla) (Entered: 02/19/2025)

Scheduling Conference - Rule 16b held on 2/20/2025. (vwar)

Scheduling Conference - Rule 16b

Order Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that the Final Pretrial Conference set for 9/17/2025 at 10:00 AM in Norfolk. Bench Trial set for 10/7/2025 at 10:00 AM in Norfolk Courtroom 1 before Chief District Judge Mark S. Davis. Signed by Chief District Judge Mark S. Davis and filed on 2/24/2025. (vwar) (Entered: 02/24/2025)

SETTLEMENT CONFERENCE ORDER. Settlement Conference set for 7/11/2025 at 09:30 AM in Norfolk; memorandum due by noon on 7/4/2025. See Order for details. Signed by Magistrate Judge Lawrence R. Leonard on 3/6/2025. (jhie, ) (Entered: 03/06/2025)

Joint MOTION for Protective Order by Crystal Arrington, Lee Schmidt. (Attachments: # 1 Brief in Support of Joint Motion for Protective Order, # 2 Consent Protective Order)(Frommer, Robert) (Entered: 03/11/2025)

1 Brief in Support of Joint Motion for Protective Order

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2 Consent Protective Order

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CONSENT PROTECTIVE ORDER. Signed by Magistrate Judge Lawrence R. Leonard on 3/12/2025. (jhie, ) (Entered: 03/12/2025)

Motions Referred

MOTION REFERRED to Magistrate Judge: Lawrence R. Leonard. 33 Joint MOTION for Protective Order (jhie, )

Motion to appear Pro Hac Vice by Jessica Bigbie and Certification of Local Counsel Robert Frommer Filing fee $ 75, receipt number AVAEDC-10059821. by Crystal Arrington, Lee Schmidt. (Frommer, Robert) (Entered: 03/13/2025)

ORDER granting 35 Motion for Pro hac vice for Jessica Bigbie on behalf of Crystal Arrington and Lee Schmidt. Signed by Chief District Judge Mark S. Davis on 3/14/2025. (alet) (Entered: 03/14/2025)

MOTION to Compel by Crystal Arrington, Lee Schmidt. (Frommer, Robert) (Entered: 03/21/2025)

Memorandum in Support re 37 MOTION to Compel filed by Crystal Arrington, Lee Schmidt. (Attachments: # 1 Exhibit 1 - Defendants' Objections to First Requests for Production, # 2 Exhibit 2 - Letter from M. Soyfer to K. Soloria (March 12, 2025), # 3 Exhibit 3 - Letter from M. Soyfer to K. Soloria (March 18, 2025), # 4 Exhibit 4 - Letter from M. Soyfer to J. Kravis (March 6, 2025), # 5 Exhibit 5 - Letter from J. Kravis to M. Soyfer (March 11, 2025))(Frommer, Robert) (Entered: 03/21/2025)

1 Exhibit 1 - Defendants' Objections to First Requests for Production

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2 Exhibit 2 - Letter from M. Soyfer to K. Soloria (March 12, 2025)

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3 Exhibit 3 - Letter from M. Soyfer to K. Soloria (March 18, 2025)

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4 Exhibit 4 - Letter from M. Soyfer to J. Kravis (March 6, 2025)

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5 Exhibit 5 - Letter from J. Kravis to M. Soyfer (March 11, 2025)

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MOTION to Intervene by Flock Group, Inc.. (Attachments: # 1 Exhibit 1 (Proposed Order), # 2 Exhibit 2 (Proposed Answer))(Noona, Stephen) (Entered: 04/03/2025)

1 Exhibit 1 (Proposed Order)

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2 Exhibit 2 (Proposed Answer)

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Memorandum in Support re 39 MOTION to Intervene filed by Flock Group, Inc.. (Noona, Stephen) (Entered: 04/03/2025)

Declaration re 40 Memorandum in Support (of Jonathan Kravis) by Flock Group, Inc.. (Attachments: # 1 Exhibit A)(Noona, Stephen) (Entered: 04/03/2025)

1 Exhibit A

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Financial Interest Disclosure Statement (Local Rule 7.1) by Flock Group, Inc.. (Noona, Stephen) (Entered: 04/03/2025)

RESPONSE to Motion re 37 MOTION to Compel filed by City of Norfolk, Mark Talbot. (Attachments: # 1 Exhibit Defendants' Responses to Plaintiffs' First Set of Requests for Production)(Soloria, Karla) (Entered: 04/04/2025)

1 Exhibit Defendants' Responses to Plaintiffs' First Set of Requests for

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Motion to appear Pro Hac Vice by Jonathan Kravis and Certification of Local Counsel Stephen Edward Noona Filing fee $ 75, receipt number AVAEDC-10104015. by Flock Group, Inc.. (Noona, Stephen) (Entered: 04/04/2025)

Motion to appear Pro Hac Vice by Justin Paul Raphael and Certification of Local Counsel Stephen Edward Noona Filing fee $ 75, receipt number AVAEDC-10104025. by Flock Group, Inc.. (Noona, Stephen) (Entered: 04/04/2025)

Motion to appear Pro Hac Vice by Esteban Martin Estrada and Certification of Local Counsel Stephen Edward Noona Filing fee $ 75, receipt number AVAEDC-10104161. by Flock Group, Inc.. (Noona, Stephen) (Entered: 04/04/2025)

ORDER granting 44 Motion for Pro hac vice Appointed Jonathan Ian Kravis for Flock Group, Inc. Signed by Chief District Judge Mark S. Davis on 4/7/2025. (alet) (Entered: 04/07/2025)

ORDER granting 45 Motion for Pro hac vice Appointed Justin Paul Raphael for Flock Group, Inc. Signed by Chief District Judge Mark S. Davis on 4/7/2025. (alet) (Entered: 04/07/2025)

ORDER granting 46 Motion for Pro hac vice Appointed Esteban Martin Estrada for Flock Group, Inc. Signed by Chief District Judge Mark S. Davis on 4/7/2025. (alet) (Entered: 04/07/2025)

Reply to Motion re 37 MOTION to Compel filed by Crystal Arrington, Lee Schmidt. (Attachments: # 1 Exhibit A)(Frommer, Robert) (Entered: 04/10/2025)

1 Exhibit A

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MOTION REFERRED to Magistrate Judge: Lawrence R. Leonard. 37 MOTION to Compel (jhie, )

Motions Referred

RESPONSE in Opposition re 39 MOTION to Intervene filed by Crystal Arrington, Lee Schmidt. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Frommer, Robert) (Entered: 04/16/2025)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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Joint MOTION to Amend/Correct 34 Protective Order by Flock Group, Inc.. (Attachments: # 1 Exhibit 1 (Modified Agreed Protective Order), # 2 Exhibit 2 (Redline))(Noona, Stephen) (Entered: 04/21/2025)

1 Exhibit 1 (Modified Agreed Protective Order)

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2 Exhibit 2 (Redline)

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Memorandum in Support re 52 Joint MOTION to Amend/Correct 34 Protective Order filed by Flock Group, Inc.. (Noona, Stephen) (Entered: 04/21/2025)

REPLY to Response to Motion re 39 MOTION to Intervene (Flock Safety's Reply in Support of Its Motion to Intervene) filed by Flock Group, Inc.. (Noona, Stephen) (Entered: 04/22/2025)

MOTION REFERRED to Magistrate Judge: Lawrence R. Leonard. 52 Joint MOTION to Amend/Correct 34 Protective Order (jhie, )

Motions Referred

NOTICE by Flock Group, Inc. re 39 MOTION to Intervene (Notice of Waiver of Oral Argument) (Noona, Stephen) (Entered: 04/23/2025)

ORDER denying 52 Joint Motion for Modification of Protective Order. Signed by Magistrate Judge Lawrence R. Leonard on 4/24/2025. (jhie, ) (Entered: 04/24/2025)

Joint MOTION to Amend/Correct 34 Protective Order by Crystal Arrington, Lee Schmidt. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Frommer, Robert) (Entered: 04/24/2025)

1 Exhibit 1

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2 Exhibit 2

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Memorandum in Support re 57 Joint MOTION to Amend/Correct 34 Protective Order filed by Crystal Arrington, Lee Schmidt. (Frommer, Robert) (Entered: 04/24/2025)

Motions Referred

MOTION REFERRED to Magistrate Judge: Lawrence R. Leonard. 57 Joint MOTION to Amend/Correct 34 Protective Order (jhie, )

MODIFIED CONSENT PROTECTIVE ORDER. Signed by Magistrate Judge Lawrence R. Leonard on 4/25/2025. (jhie, ) (Entered: 04/25/2025)

NOTICE by City of Norfolk, Mark Talbot of New Authority (Attachments: # 1 Exhibit Ex. A - Chaptered Bill)(Soloria, Karla) (Entered: 05/13/2025)

MOTION for Protective Order by City of Norfolk, Mark Talbot. (Soloria, Karla) (Entered: 05/19/2025)

Memorandum in Support re 61 MOTION for Protective Order filed by City of Norfolk, Mark Talbot. (Soloria, Karla) (Entered: 05/19/2025)

Declaration re 61 MOTION for Protective Order, 62 Memorandum in Support by City of Norfolk, Mark Talbot. (Attachments: # 1 Exhibit A Plfs First RFPs redacted, # 2 Exhibit B Plfs First ROGs, # 3 Exhibit C Plfs Second RFPs, # 4 Exhibit D Plfs Second ROGs, # 5 Exhibit E Defs Objs to Plfs Second RFPs, # 6 Exhibit F Defs Objs to Plfs Second ROGs, # 7 Exhibit G Plfs 30(b)(6) Notice, # 8 Exhibit H Letter M Soyfer to K Soloria, # 9 Exhibit I Email M Soyfer to K Soloria)(Soloria, Karla) (Entered: 05/19/2025)

1

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Declaration re 61 MOTION for Protective Order, 62 Memorandum in Support Declaration of Charles Thomas by City of Norfolk, Mark Talbot. (Soloria, Karla) (Entered: 05/19/2025)

Memorandum in Opposition re 61 MOTION for Protective Order filed by Crystal Arrington, Lee Schmidt. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(Frommer, Robert) (Entered: 05/22/2025)

OPINION AND ORDER denying Flock Group, Inc.'s 39 Motion to Intervene. Signed by Chief District Judge Mark S. Davis on 5/27/2025. (jhie, )

ORDER re 37 MOTION to Compel, 61 MOTION for Protective Order. Counsel are ORDERED to meet and confer and attempt to resolve or narrow the issues in dispute with respect to these motions. The parties are DIRECTED to contact the Courtroom Deputy to schedule a hearing on the motions to be held no later than June 18, 2025. Signed by Magistrate Judge Lawrence R. Leonard on 5/28/2025. (jhie, ) (Entered: 05/28/2025)

REPLY to Response to Motion re 61 MOTION for Protective Order filed by City of Norfolk, Mark Talbot. (Soloria, Karla) (Entered: 05/28/2025)

MOTION REFERRED to Magistrate Judge: Lawrence R. Leonard. 61 MOTION for Protective Order (jhie, )

Motions Referred

Consent MOTION to Continue by Crystal Arrington, Lee Schmidt. (Attachments: # 1 Proposed Order)(Frommer, Robert) (Entered: 06/03/2025)

Brief in Support to 69 Consent MOTION to Continue filed by Crystal Arrington, Lee Schmidt. (Frommer, Robert) (Entered: 06/03/2025)

CONSENT ORDER granting 69 Motion to Continue. See Order for new Scheduling Order deadlines. The settlement conference date of July 11, 2025, and the trial date and deadlines in paragraphs 1 and 5-8 of the Scheduling Order are STRICKEN. The parties shall contact the Court within 10 days to reschedule. Signed by Chief District Judge Mark S. Davis on 6/3/2025. (jhie, ) (Entered: 06/03/2025)

Set Motion and R&R Deadlines/Hearings

Motion Hearing as to 37 MOTION to Compel, 61 MOTION for Protective Order set for 6/9/2025 at 09:30 AM in Norfolk Mag Courtroom 2 w/OCR before Magistrate Judge Lawrence R. Leonard. (lwoo )

Motion to appear Pro Hac Vice by Jonathan Kravis and Certification of Local Counsel Adam Melita Filing fee $ 75, receipt number AVAEDC-10216499. by City of Norfolk. (Melita, Adam) (Entered: 06/04/2025)

Motion to appear Pro Hac Vice by Esteban Martin Estrada and Certification of Local Counsel Adam Melita Filing fee $ 75, receipt number AVAEDC-10216558. by City of Norfolk. (Melita, Adam) (Entered: 06/04/2025)

RESPONSE to Motion re 73 Motion to appear Pro Hac Vice by Esteban Martin Estrada and Certification of Local Counsel Adam Melita Filing fee $ 75, receipt number AVAEDC-10216558., 72 Motion to appear Pro Hac Vice by Jonathan Kravis and Certification of Local Counsel Adam Melita Filing fee $ 75, receipt number AVAEDC-10216499. filed by Crystal Arrington, Lee Schmidt. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Frommer, Robert) (Entered: 06/04/2025)

NOTICE by Crystal Arrington, Lee Schmidt re 67 Order, 37 MOTION to Compel (Attachments: # 1 Exhibit 1)(Frommer, Robert) (Entered: 06/05/2025)

REPLY to Response to Motion re 73 Motion to appear Pro Hac Vice by Esteban Martin Estrada and Certification of Local Counsel Adam Melita Filing fee $ 75, receipt number AVAEDC-10216558., 72 Motion to appear Pro Hac Vice by Jonathan Kravis and Certification of Local Counsel Adam Melita Filing fee $ 75, receipt number AVAEDC-10216499. filed by City of Norfolk. (Soloria, Karla) (Entered: 06/05/2025)

NOTICE by Crystal Arrington, Lee Schmidt re 61 MOTION for Protective Order (Attachments: # 1 Exhibit 1)(Frommer, Robert) (Entered: 06/06/2025)

ORDER. The 37 Motion to Compel and the 61 Motion for a Protective Order are DISMISSED as moot. The hearing previously scheduled for Monday, June 9, at 9:30 a.m. is cancelled. Signed by Magistrate Judge Lawrence R. Leonard on 6/6/2025. (jhie, ) (Entered: 06/06/2025)