Case: Miall v. City of Asheville

COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ANCWDC-6208282), filed by John Miall, Robyn Hite, *David Shaw, *Danie Johnson, Willa Grant. (Attachments: # 1 Exhibit city website, # 2 Exhibit City code, # 3 Exhibit HRCA procedures, # 4 Exhibit HRCA city website, # 5 Exhibit HRCA application form) (Smith, Ruth) Modified *text to correct Defts David Shaw and Danie Johnson's names, and additional Attachment added on 9/5/2023: # 6 Civil Cover Sheet. NEF Regenerated. (ejb) (Entered: 09/05/2023)

1 Exhibit city website

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2 Exhibit City code

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3 Exhibit HRCA procedures

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4 Exhibit HRCA city website

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5 Exhibit HRCA application form

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6 Civil Cover Sheet

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Case Assigned/Reassigned

Case assigned to Chief Judge Martin Reidinger and US Magistrate Judge W. Carleton Metcalf. Notice: You must click this link to retrieve the Case Assignment Packet. This is your only notice - you will not receive a separate document. (ejb)

Summons Issued Electronically as to City of Asheville, Debra Campbell, Esther Manheimer. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (ejb) (Entered: 09/06/2023)

WAIVER OF SERVICE Returned Executed by Robyn Hite, Willa Grant, John Miall, Danie Johnson, David Shaw. All Defendants *waivers sent on 9/6/2023, answers due 11/6/2023. (Smith, Ruth) Modified *text on 9/6/2023 (ejb). (Entered: 09/06/2023)

MOTION to Dismiss by Debra Campbell, City of Asheville, Esther Manheimer. Responses due by 9/28/2023 (Attachments: # 1 Affidavit of Magdalen Burleson, # 2 Memorandum of Law in Support) (Edgerton, Eric). Motions referred to W. Carleton Metcalf. (Entered: 09/14/2023)

AMENDED COMPLAINT, Class Action, for Declaratory and Injunctive Relief and Nominal Damages against All Defendants, filed by Robyn Hite, Willa Grant, John Miall, Danie Johnson, David Shaw. (Attachments: # 1 Exhibit Demographic Spreadsheets, # 2 Exhibit HRCA Website, # 3 Exhibit HRCA Application, # 4 Exhibit Vacancy Flyer)(Thompson, Jessica) (Entered: 09/26/2023)

MOTION for Leave to Appear Pro Hac Vice as to Andrew R. Quinio Filing fee $ 288, receipt number ANCWDC-6234535. by Willa Grant, Robyn Hite, Danie Johnson, John Miall, David Shaw. (Thompson, Jessica). Motions referred to W. Carleton Metcalf. (Entered: 09/26/2023)

MOTION for Preliminary Injunction, MOTION for Temporary Restraining Order, Emergency, by Willa Grant, Robyn Hite, Danie Johnson, John Miall, David Shaw. Responses due by 10/11/2023 (Thompson, Jessica) (Entered: 09/27/2023)

MEMORANDUM in Support re 7 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order, Emergency, by Willa Grant, Robyn Hite, Danie Johnson, John Miall, David Shaw. (Thompson, Jessica) (Entered: 09/27/2023)

AFFIDAVIT in Support - Declaration of John P. Miall Jr. re 7 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order, Emergency, by Willa Grant, Robyn Hite, Danie Johnson, John Miall, David Shaw. (Attachments: # 1 Exhibit, # 2 Exhibit)(Thompson, Jessica) (Entered: 09/27/2023)

AFFIDAVIT in Support - Declaration of Andrew R. Quinio re 7 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order, Emergency, by Willa Grant, Robyn Hite, Danie Johnson, John Miall, David Shaw. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit)(Thompson, Jessica) (Entered: 09/27/2023)

MEMORANDUM OF DECISION AND ORDER. Defendants' 4 Motion to Dismiss is DENIED AS MOOT. Plaintiffs' 7 Emergency Motion for a Temporary Restraining Order is DENIED, and Plaintiffs' 7 Motion for a Preliminary Injunction is DENIED WITHOUT PREJUDICE. Signed by Chief Judge Martin Reidinger on 9/28/2023. (slm) (Entered: 09/29/2023)

ORDER granting 6 Motion for Leave to Appear Pro Hac Vice and ADMITS Andrew R. Quinio for Willa Grant, Robyn Hite, Danie Johnson, John Miall, and David Shaw (Pro Hac Vice Attorney served via NEF). Signed by US Magistrate Judge W. Carleton Metcalf on 10/6/2023. (slm) (Entered: 10/06/2023)

MOTION to Certify Class by Willa Grant, Robyn Hite, Danie Johnson, John Miall, David Shaw. Responses due by 10/20/2023 (Thompson, Jessica) (Entered: 10/06/2023)

MEMORANDUM in Support re 13 MOTION to Certify Class by Willa Grant, Robyn Hite, Danie Johnson, John Miall, David Shaw. (Thompson, Jessica) (Entered: 10/06/2023)

AFFIDAVIT in Support re 13 MOTION to Certify Class by Willa Grant, Robyn Hite, Danie Johnson, John Miall, David Shaw. (Attachments: # 1 Exhibit)(Thompson, Jessica) (Entered: 10/06/2023)

Notice - Out of State Counsel

Notice to Andrew R. Quinio: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account Link. (Attorney served via NEF) Deadline by 10/13/2023. (slm)

RESPONSE in Opposition re 13 MOTION to Certify Class by Debra Campbell, City of Asheville, Esther Manheimer. Replies due by 10/27/2023 (Attachments: # 1 Affidavit of Magdalen Burleson)(Edgerton, Eric) (Entered: 10/20/2023)

REPLY to Response to Motion re 13 MOTION to Certify Class by Willa Grant, Robyn Hite, Danie Johnson, John Miall, David Shaw. (Thompson, Jessica) (Entered: 10/27/2023)

MOTION to Dismiss by Debra Campbell, City of Asheville, Esther Manheimer. Responses due by 11/20/2023 (Attachments: # 1 Affidavit of Magdalen Burleson, # 2 Memorandum of Law in Support) (Edgerton, Eric). Motions referred to W. Carleton Metcalf. (Entered: 11/06/2023)

MEMORANDUM in Opposition re 18 MOTION to Dismiss by Willa Grant, Robyn Hite, Danie Johnson, John Miall, David Shaw. Replies due by 11/27/2023 (Thompson, Jessica) (Entered: 11/20/2023)

Unopposed MOTION for Extension of Time to File Response/Reply re: 18 MOTION to Dismiss by Debra Campbell, City of Asheville, Esther Manheimer. Responses due by 12/6/2023 (Edgerton, Eric). Motions referred to W. Carleton Metcalf. (Entered: 11/22/2023)

Order on Motion for Extension of Time

TEXT-ONLY ORDER granting 20 Unopposed MOTION for Extension of Time to File Response/Reply re: 18 MOTION to Dismiss, Replies due by 12/4/2023 Text of Order: ORDER: Defendants' Unopposed Motion for Extension of Time in which to Submit Reply Brief is GRANTED, and the deadline for Defendants to file their reply is EXTENDED through and including December 4, 2023. So Ordered. Entered by US Magistrate Judge W. Carleton Metcalf on 11/27/2023. (kkb)

MOTION for Leave to Appear Pro Hac Vice as to Jeffrey Jennings Filing fee $ 288, receipt number ANCWDC-6314409. by David Shaw. (Smith, Ruth). Motions referred to W. Carleton Metcalf. (Entered: 11/30/2023)

ORDER: The Court GRANTS the 21 Motion for Leave to Appear Pro Hac Vice and ADMITS Jeffery D. Jennings to practice pro hac vice before the Court in this matter while associated with local counsel. Jeffrey D. Jennings added for Willa Grant, Robyn Hite, Danie Johnson, John Miall and David Shaw. (Pro Hac Vice Attorney served via NEF). Signed by US Magistrate Judge W. Carleton Metcalf on 12/1/2023. (kby) (Entered: 12/01/2023)

Notice - Out of State Counsel

Notice to Jeffery D. Jennings: Pursuant to Local Rule 83.1 you are required to Satisfy the Requirements for Admission to the Western District of North Carolina Federal Court. (Attorney served via NEF) Deadline by 12/8/2023. (kby)

REPLY to Response to Motion re 18 MOTION to Dismiss by Debra Campbell, City of Asheville, Esther Manheimer. (Edgerton, Eric) (Entered: 12/04/2023)

Notice of Substitution of Counsel by Jeffrey D. Jennings on behalf of Robyn Hite, Willa Grant, John Miall, Danie Johnson, David Shaw, Attorney Jessica L. Thompson terminated. (Attachments: # 1 Attachment - List of Admitted Courts)(Jennings, Jeffrey) (Entered: 12/15/2023)

MEMORANDUM OF DECISION AND ORDER that the Plaintiffs' 13 Motion for Class Certification is DENIED. Signed by Chief Judge Martin Reidinger on 1/15/2024. (kby) (Entered: 01/16/2024)

NOTICE of Appearance by Adam Griffin on behalf of All Plaintiffs (Griffin, Adam) (Entered: 05/15/2024)

MEMORANDUM AND RECOMMENDATION re: 18 MOTION to Dismiss filed by Debra Campbell, Esther Manheimer, City of Asheville. Objections to M&R due by 9/9/2024. Signed by US Magistrate Judge W. Carleton Metcalf on 8/26/2024. (kby) (Entered: 08/26/2024)

OBJECTION to 27 Memorandum and Recommendations by Willa Grant, Robyn Hite, Danie Johnson, John Miall, David Shaw. Replies due by 9/23/2024 (Quinio, Andrew) (Entered: 09/09/2024)

OBJECTION to 27 Memorandum and Recommendations by Debra Campbell, City of Asheville, Esther Manheimer. Replies due by 9/23/2024 (Edgerton, Eric) (Entered: 09/09/2024)

REPLY to Objection to 27 Memorandum and Recommendations by Debra Campbell, City of Asheville, Esther Manheimer. (Edgerton, Eric) Modified docket text on 9/24/2024 (slm). (Entered: 09/23/2024)

REPLY to Objection to 27 Memorandum and Recommendations by Willa Grant, Robyn Hite, Danie Johnson, John Miall, David Shaw. (Quinio, Andrew) (Entered: 09/23/2024)

ORDER: The Plaintiffs' 28 Objection to the Memorandum and Recommendation is SUSTAINED; the Defendants' 29 Objections to the Memorandum and Recommendation are OVERRULED; the 27 Magistrate Judge's Memorandum and Recommendation is ACCEPTED IN PART and REJECTED IN PART; the 18 Defendants' Motion to Dismiss is DENIED with respect to both the Plaintiffs' § 1983 claim and § 1981 claim. Signed by Chief Judge Martin Reidinger on 10/28/2024. (cly) (Entered: 10/29/2024)

ANSWER to 5 Amended Complaint, by Esther Manheimer, City of Asheville, Debra Campbell.(Edgerton, Eric) (Entered: 11/12/2024)

Notice to Conduct Initial Attorneys Conference

NOTICE pursuant to Local Rule 16.1 you are required to conduct an Initial Attorney's Conference within 14 days. At the conference, the parties are required to discuss the issue of consent to jurisdiction of a magistrate judge in accordance with Local Rules 16.1(A) and 73.1(C). The Certificate of Initial Attorneys Conference, and if applicable, the Joint Stipulation of Consent to Exercise jurisdiction by a US Magistrate Judge, should be filed within 7 days of the conference. If appropriate, a party may file a Motion to Stay the Initial Attorney's Conference. CIAC Report due by 12/4/2024. (sc)

CERTIFICATION of initial attorney conference and discovery plan (Quinio, Andrew) (Entered: 11/27/2024)

Notice of Hearing

NOTICE of Hearing: Initial Pretrial Conference (by video) set for 12/11/2024 09:30 AM in Chambers before US Magistrate Judge W. Carleton Metcalf. Hearing link provided by separate correspondence. This is your only notice - you will not receive a separate document. (slm)

Pretrial Order and Case Management Plan: Estimated Trial Time: 3 to 5 days. Discovery due by 7/11/2025. Motions due by 8/12/2025. Mediator Designation deadline set for 1/2/2025. Mediation deadline set for 7/29/2025. Jury Trial set for 1/12/2026 09:01 AM in Courtroom 1, 100 Otis St, Asheville, NC 28801 before Chief Judge Martin Reidinger. Signed by US Magistrate Judge W. Carleton Metcalf on 12/11/2024. (slm) (Entered: 12/11/2024)

Pretrial Conference

Minute Entry: PRETRIAL CONFERENCE held before US Magistrate Judge W. Carleton Metcalf. Plaintiffs' attorneys: Andrew R. Quinio, Adam Griffin, Jeffrey D. Jennings, and Ruth C. Smith. Defendants' attorney: Eric P. Edgerton. An initial pretrial conference was held by videoconference on Wednesday, December 11, 2024 with Andrew R. Quinio, Adam Griffin, Jeffrey D. Jennings, and Ruth C. Smith participating on behalf of Plaintiffs John P. Miall, Jr.; Robyn Hite; David Shaw; Danie Johnson; and Willa Grant and Eric P. Edgerton participating on behalf of Defendants City of Asheville, Debra Campbell, and Esther Manheimer. A pretrial order will issue. (TNC)

DESIGNATION of Bill Brazil as Mediator by all the parties. (Quinio, Andrew) (Entered: 01/02/2025)

Unopposed MOTION for Extension of Time to Respond to Discovery Requests by Debra Campbell, City of Asheville, Esther Manheimer. Responses due by 2/24/2025 (Edgerton, Eric). Motions referred to W. Carleton Metcalf. (Entered: 02/10/2025)

Order on Motion for Extension of Time

TEXT-ONLY ORDER granting 37 Motion for Extension of Time to Respond to Discovery Requests Text of Order: Defendants' Unopposed Motion for Extension of Time in which to Respond to Discovery is GRANTED, and the deadline for Defendants to respond to Plaintiffs' First Set of Interrogatories and First Requests for Production of Documents is EXTENDED by thirty days, through and including March 17, 2025. So Ordered. Entered by US Magistrate Judge W. Carleton Metcalf on 2/11/2025. (kkb)

NOTICE of Party's Death Danie Johnson by Willa Grant, Robyn Hite, John P. Miall, Jr, David Shaw (Quinio, Andrew) Modified docket text on 4/2/2025. (maf) (Entered: 03/31/2025)

NOTICE of Unavailability of Counsel Andrew Quinio by Willa Grant, Robyn Hite, Danie Johnson, John P. Miall, Jr, David Shaw (Quinio, Andrew) (Entered: 03/31/2025)

NOTICE of Appearance by Patrick Houghton Flanagan on behalf of All Defendants (Flanagan, Patrick) (Entered: 04/07/2025)

NOTICE of Appearance by Kayla Nicole McDaniel on behalf of All Defendants (McDaniel, Kayla) (Entered: 04/07/2025)

MOTION for Leave to Appear Pro Hac Vice as to Laura D'Agostino Filing fee $ 300, receipt number ANCWDC-6988215. by Willa Grant, Robyn Hite, Danie Johnson, John P. Miall, Jr, David Shaw. (Smith, Ruth). Motions referred to W. Carleton Metcalf. (Main Document 42 replaced with flattened PDF on 5/29/2025) (ps). (Entered: 05/28/2025)

ORDER that the 42 Motion for Leave to Appear Pro Hac Vice is GRANTED. Laura M. D'Agostino added for Willa Grant, Robyn Hite, John P. Miall, Jr., and David Shaw (Pro Hac Vice Attorney served via NEF). Signed by US Magistrate Judge W. Carleton Metcalf on 5/28/2025. (ps) (Entered: 05/29/2025)

Notice - Out of State Counsel

Notice to Laura M. D'Agostino: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account Link. (Attorney served via NEF) Deadline by 6/5/2025. (ps)

Notice of Substitution of Counsel by Laura M. D'Agostino on behalf of Robyn Hite, Willa Grant, John P. Miall, Jr, David Shaw, Attorney Adam Griffin and Jeffrey D. Jennings terminated. (D'Agostino, Laura) (Entered: 05/30/2025)

Unopposed MOTION to Amend/Correct 5 Amended Complaint, ( Responses due by 6/25/2025 ), Unopposed MOTION for Extension of Time of Scheduling Order Deadlines by Willa Grant, Robyn Hite, John P. Miall, Jr, David Shaw. (Attachments: # 1 Exhibit A - Proposed Second Amended Complaint, # 2 Exhibit 1 to Proposed Second Amended Complaint, # 3 Exhibit 2 to Proposed Second Amended Complaint, # 4 Exhibit 3 to Proposed Second Amended Complaint, # 5 Exhibit 4 to Proposed Second Amended Complaint) (Quinio, Andrew). Motions referred to W. Carleton Metcalf. (Entered: 06/11/2025)

ORDER that the 45 Unopposed Motion for Leave to File Second Amended Complaint and Extend Pretrial Order and Case Management Deadlines and Trial Date (Doc. 45) is GRANTED IN PART as follows: Plaintiffs are GRANTED LEAVE to file the proposed Second Amended Complaint (Doc. 45-1 45-5) on or before June 25, 2025. Deadlines are extended as noted herein. All other provisions of the Pretrial Order and Case Management Plan (Doc. 35 ), including the January 12, 2026 trial date, remain in effect. (Discovery due by 8/8/2025, Motions due by 9/12/2025, Mediation deadline set for 8/22/2025). Signed by US Magistrate Judge W. Carleton Metcalf on 6/18/2025. (kby) (Entered: 06/18/2025)

Set Deadlines/Hearings

Set Deadlines: Amended Pleadings (Second Amended Complaint) due by 6/25/2025. (kby)

AMENDED COMPLAINT, Second, against All Defendants, filed by Robyn Hite, Willa Grant, John P. Miall, Jr, David Shaw, David Evans. (Attachments: # 1 Exhibit 1 - Spreadsheets, # 2 Exhibit 2 - Webpage, # 3 Exhibit 3 - Application, # 4 Exhibit 4 - Flyer)(Quinio, Andrew) (Entered: 06/20/2025)

Defendants' ANSWER to 47 Amended Complaint, (Second) by Debra Campbell, City of Asheville, Esther Manheimer.(Flanagan, Patrick) (Entered: 07/08/2025)

Joint MOTION for Extension of Time of Scheduling Order Deadlines by David Evans, Willa Grant, Robyn Hite, John P. Miall, Jr, David Shaw. Responses due by 8/7/2025 (Quinio, Andrew). Motions referred to W. Carleton Metcalf. (Entered: 07/24/2025)

ORDER that the 49 Stipulated Motion to Extend Discovery Deadline is GRANTED, and the deadline for the parties to complete court-enforceable discovery is EXTENDED through and including August 29, 2025. All other provisions of the 35 Pretrial Order and Case Management Plan, as previously amended, including the August 22, 2025 deadline for the completion of mediation, the September 12, 2025 deadline to file dispositive motions, and the January 12, 2026 trial date, remain in effect. Discovery due by 8/29/2025. Signed by US Magistrate Judge W. Carleton Metcalf on 7/31/2025. (ps) (Entered: 07/31/2025)

Proposed CONSENT Decree by David Evans, Willa Grant, Robyn Hite, John P. Miall, Jr, David Shaw (Quinio, Andrew). Modified docket text on 8/22/2025 (ps). (Entered: 08/22/2025)

Joint MOTION for Entry of Judgment and Decree by David Evans, Willa Grant, Robyn Hite, John P. Miall, Jr, David Shaw. Responses due by 9/9/2025 (Attachments: # 1 Proposed Order - Consent Decree) (Quinio, Andrew) (Entered: 08/26/2025)

Consent Decree constituting a complete and final settlement of Plaintiff's claims. Signed by Chief Judge Martin Reidinger on 9/2/2025. (hms) (Entered: 09/02/2025)

Case Settlement Notice

Consent Decree signed on 9/2/2025. Agreement for entry of judgment or a stipulation of dismissal to be filed within 30 days or the court may dismiss the case without prejudice. Case Settlement Deadline 10/2/2025. (hms)

STIPULATION of Dismissal, Joint, by David Evans, Willa Grant, Robyn Hite, John P. Miall, Jr, David Shaw (All Claims Dismissed. Case to be Closed). (Quinio, Andrew) (Entered: 09/09/2025)

Plaintiffs' MOTION for Attorneys' Fees by David Evans, Willa Grant, Robyn Hite, John P. Miall, Jr, David Shaw. Responses due by 10/6/2025 (Quinio, Andrew). Motions referred to W. Carleton Metcalf. Modified docket text on 9/23/2025 (ps). (Entered: 09/22/2025)

Plaintiffs' MEMORANDUM in Support re 55 MOTION for Attorney Fees by David Evans, Willa Grant, Robyn Hite, John P. Miall, Jr, David Shaw. (Quinio, Andrew). Modified docket text on 9/23/2025 (ps). (Entered: 09/22/2025)

DECLARATION of Andrew R. Quinio re 55 MOTION for Attorney Fees filed by David Evans, Willa Grant, Robyn Hite, John P. Miall, Jr, David Shaw (Attachments: # 1 Exhibit 1 to Quinio Declaration)(Quinio, Andrew) (Entered: 09/22/2025)

DECLARATION of Laura M. D'Agostino re 55 MOTION for Attorney Fees filed by David Evans, Willa Grant, Robyn Hite, John P. Miall, Jr, David Shaw (Attachments: # 1 Exhibit 1 to D'Agostino Declaration)(Quinio, Andrew) (Entered: 09/22/2025)

DECLARATION of Ruth C. Smith re 55 MOTION for Attorney Fees filed by David Evans, Willa Grant, Robyn Hite, John P. Miall, Jr, David Shaw (Attachments: # 1 Exhibit 1 to Smith Declaration)(Quinio, Andrew) (Entered: 09/22/2025)

AFFIDAVIT in Support re 55 MOTION for Attorney Fees by Mark Melrose, Esq. by David Evans, Willa Grant, Robyn Hite, John P. Miall, Jr, David Shaw. (Quinio, Andrew) (Entered: 09/22/2025)

RESPONSE to Motion re 55 MOTION for Attorney Fees by Debra Campbell, City of Asheville, Esther Manheimer. Replies due by 10/14/2025 (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Flanagan, Patrick) (Entered: 10/06/2025)

REPLY to Response to Motion re 55 MOTION for Attorney Fees by David Evans, Willa Grant, Robyn Hite, John P. Miall, Jr, David Shaw. (Quinio, Andrew) (Entered: 10/14/2025)

ORDER that the Plaintiffs' 55 Motion for Attorneys' Fees is GRANTED, and the Plaintiffs are hereby awarded $81,540.75 in attorneys' fees pursuant to 42 U.S.C. § 1988. Signed by Chief Judge Martin Reidinger on 12/2/2025. (ps) (Entered: 12/02/2025)

NOTICE OF APPEAL as to 63 Order on Motion for Attorney Fees, by Debra Campbell, City of Asheville, Esther Manheimer. Filing fee $ 605, receipt number ANCWDC-7273644. Use this link www.ca4.uscourts.gov to retrieve 4th Circuit case opening documents, i.e. Appearance of Counsel, Docketing Statement, Disclosure Statement, and Transcript Order Form. Note: Your Transcript Order Form must be served on the District Court as well as the Circuit Court. (Flanagan, Patrick) (Entered: 01/02/2026)

Transmission of Notice of Appeal to US Court of Appeals re 64 Notice of Appeal. (ps) (Main Document 65 replaced with corrected PDF on 1/5/2026) (ps). (Entered: 01/02/2026)

USCA Case Number 26-1014 for 64 Notice of Appeal, USCA Case Manager: A. Walker. (llp) (Entered: 01/07/2026)