Case: United States v. Terrell County (GA)

United States v. Terrell County

CRIPA Investigation

No Court

USA v. Terrell County

U.S. v. Terrell County, Georgia

CRIPA Investigation, Terrell County (GA)

CRIPA Investigation, Terrell County (GA)

United States of America v. Terrell County, Georgia

United States of America v. Terrell County

United States of America v. Terrell County

U.S. v. Terrell County

COMPLAINT filed; Service of Complaint due by 10/5/04 for Blake Vann, for Bob Rainey, for Lucius Holloway, for Larry Atherton Sr., for John W. Bowens, for Wilbur T. Gamble Jr., for Terrell County, GA (kme) (Entered: 06/08/2004)

Case referred to ARBITRATION (trh) (Entered: 06/14/2004)

WAIVER OF SERVICE returned executed as to Terrell County, GA 6/8/04 . Answer due on 8/9/04 for Terrell County, GA (kme) (Entered: 06/22/2004)

WAIVER OF SERVICE returned executed as to Wilbur T. Gamble Jr. 6/8/04. Answer due on 8/9/04 for Wilbur T. Gamble Jr. (kme) (Entered: 06/22/2004)

WAIVER OF SERVICE returned executed as to John W. Bowens 6/8/04 . Answer due on 8/9/04 for John W. Bowens (kme) (Entered: 06/22/2004)

WAIVER OF SERVICE returned executed as to Larry Atherton Sr. 6/8/04. Answer due on 8/9/04 for Larry Atherton Sr. (kme) (Entered: 06/22/2004)

WAIVER OF SERVICE returned executed as to Lucius Holloway 6/8/04 . Answer due on 8/9/04 for Lucius Holloway (kme) (Entered: 06/22/2004)

WAIVER OF SERVICE returned executed as to Bob Rainey 6/8/04. Answer due on 8/9/04 for Bob Rainey (kme) (Entered: 06/22/2004)

WAIVER OF SERVICE returned executed as to Blake Vann 6/8/04. Answer due on 8/9/04 for Blake Vann (kme) (Entered: 06/22/2004)

NOTICE of attorney appearance for United States by Todd J. Schneider (kme) (Entered: 07/29/2004)

ANSWER to Complaint by Terrell County, GA, Wilbur T. Gamble Jr., Larry Atherton Sr., Lucius Holloway, Bob Rainey, Blake Vann (Attorney Edward R. Collier) (kme) (Entered: 08/06/2004)

ANSWER to Complaint by John W. Bowens (Attorney Leonard Danley) (kme) (Entered: 08/11/2004)

RULES 16 AND 26 ORDER; proposed scheduling/discovery order due on 9/24/04 . ( signed by Judge W. L. Sands ) (kme) (Entered: 08/16/2004)

DEADLINE updated; Set Scheduling Conference for 3:30 on 10/5/04 in Albany (kme) (Entered: 08/16/2004)

ELECTION not to proceed before a Magistrate Judge by United States (kme) (Entered: 08/23/2004)

ELECTION not to proceed before a Magistrate Judge by Terrell County, GA, Wilbur T. Gamble Jr., Larry Atherton Sr., Lucius Holloway, Bob Rainey, Blake Vann (kme) (Entered: 08/23/2004)

ARBITRATION LETTER mailed. Parties to opt−out of arbitration by 9/27/04 (trh) (Entered: 08/30/2004)

Proposed Scheduling/Discovery Order Received (wks ) Modified on 2/22/2005 (wks, ). (This proposed order was docketed in wrong case when received due to document referencing incorrect case number). (Entered: 02/22/2005)

Case no longer referred to ARBITRATION. (trh) (Entered: 09/27/2004)

Minute Entry for proceedings held before Judge W. Louis Sands : Scheduling Conference held on 10/19/2004. (wks, ) (Entered: 11/01/2004)

NOTICE by United States of America (Cheng, Christopher) (Entered: 10/27/2004)

Scheduling/Discovery Order: Amended Pleadings due by 11/18/2004. Discovery to be complete by 4/5/2005. Dispositive Motions due by 5/5/2005.. Signed by Judge W. Louis Sands on 10/29/04. (Attachments: # 1 Certificate of Service)(wks, ) Additional attachment(s) added on 2/22/2005 (wks, ). (Entered: 11/04/2004)

Letter regarding alternative dispute resolution. (Attachments: # 1 Certificate of Service)(wks, ) (Entered: 11/02/2004)

Letter stating that defendant Bowens would be willing to enter into ADR. (bjl) (Entered: 11/09/2004)

STIPULATION by United States of America. (Schneider, Todd) (Entered: 12/10/2004)

MOTION to Stay Application of 20−20−20 Rule by United States of America filed by Todd J. Schneider. Response to Motion due by 2/3/2005 Reply to Response to Motion due by 2/22/2005. (Schneider, Todd) (Entered: 01/11/2005)

ORDER granting 22 Motion to Stay Application of 20−20−20 Rule. Accordingly, the USA shall have until and including 1/31/05 to file motion to compel, if any. Signed by Judge W. Louis Sands on 1/21/05. (wks, ) (Entered: 01/24/2005)

CERTIFICATE OF SERVICE − I certify that on this date I have mailed by United States Postal Service a copy of 23 Order on Motion to Stay including any attachments filed with this document to all non−CM/ECF participants as indicated on the Notice of Electronic Filing. By Wanda K. Sanders, Deputy Clerk. (wks, ) (Entered: 01/24/2005)

NOTICE by United States of America (Cheng, Christopher) (Entered: 01/28/2005)

NOTICE by United States of America (Cheng, Christopher) (Entered: 02/04/2005)

Minute Entry for proceedings held before Chief Judge W. Louis Sands : Telephone Conference held on 2/7/2005 to discuss discovery issue. (gpg) (Entered: 02/08/2005)

NOTICE by United States of America (Cheng, Christopher) (Entered: 02/14/2005)

NOTICE by United States of America (Cheng, Christopher) (Entered: 02/14/2005)

MOTION for Extension of Time to Complete Discovery by United States of America filed by Christopher Cheng. (Attachments: # 1 Text of Proposed Order Order to Extend Time)(Cheng, Christopher) (Entered: 03/04/2005)

MOTION for Extension of Time to Complete Discovery by United States of America filed by Christopher Cheng. (Attachments: # 1 Text of Proposed Order)(Cheng, Christopher) (Entered: 03/29/2005)

ORDER granting 30 Motion for Extension of Time to Complete Discovery Discovery to be complete by 8/5/2005. Dispositive Motions due by 9/5/2005. Signed by Judge W. Louis Sands on 4/4/2005. (wks, ) (Entered: 04/05/2005)

NOTICE of Attorney Appearance by Todd J. Schneider on behalf of United States of America (Schneider, Todd) (Entered: 04/19/2005)

ORDER granting 29 Motion for Extension of Time to Complete Discovery (For Additional Time to Produce Export Reports) Status Report for parties to advise the Court of the status of Defendant's document production due by 7/11/2005.. Signed by Judge W. Louis Sands on 5/6/05. (wks, ) (Entered: 05/09/2005)

CERTIFICATE OF SERVICE − I certify that on this date I have mailed by United States Postal Service a copy of 33 Order on Motion for Extension of Time to Complete Discovery, including any attachments filed with this document to all non−CM/ECF participants as indicated on the Notice of Electronic Filing. By Wanda K. Sanders, Deputy Clerk. (wks, ) (Entered: 05/09/2005)

NOTICE by United States of America (Cheng, Christopher) (Entered: 05/12/2005)

NOTICE by United States of America (Schneider, Todd) (Entered: 07/07/2005)

MOTION for Extension of Time to Complete Discovery by United States of America filed by Todd J. Schneider. (Attachments: # 1 Text of Proposed Order)(Schneider, Todd) (Entered: 07/07/2005)

ORDER granting 36 Motion for Extension of Time to Complete Discovery. Discovery to be complete by 10/5/2005. Dispositive Motions due by 11/5/2005. Tentative trial date is January or February 2006.. Signed by Judge W. Louis Sands on 7/8/05. (wks, ) (Entered: 07/08/2005)

STIPULATION by United States of America. (Cheng, Christopher) (Entered: 08/16/2005)

MOTION to Amend/Correct by United States of America filed by Todd J. Schneider. Response to Motion due by 9/26/2005 Reply to Response to Motion due by 10/12/2005. (Schneider, Todd) (Entered: 09/02/2005)

ORDER granting 39 Motion to Amend/Correct Discovery & Scheduling Order. Signed by Judge W. Louis Sands on 9/6/05. (wks ) (Entered: 09/07/2005)

MOTION for Extension of Time to Complete Discovery by United States of America filed by Todd J. Schneider. (Schneider, Todd) (Entered: 10/05/2005)

STIPULATION by United States of America. (Cheng, Christopher) (Entered: 10/28/2005)

ORDER granting 41 Motion for Extension of Time to Complete Discovery. Discovery to be complete by 10/11/2005; Dispositive Motions due by 11/14/2005 and Jury Trial set tentatively for January 2006. The Clerk is not authorized to grant any extensions to the above schedule for filing dispositive motions. Signed by Judge W. Louis Sands on 11/1/05. (Nunc pro tunc 10/5/05) (bjl ) (Entered: 11/02/2005)

MOTION for Leave to File Excess Pages for Motion for Summary Judgment by United States of America filed by Todd J. Schneider. (Schneider, Todd) (Entered: 11/07/2005)

ORDER granting 44 Motion for Leave to File Excess Pages . Signed by Judge W. Louis Sands on 11/8/05. (bjl) (Entered: 11/09/2005)

MOTION for Summary Judgment by United States of America filed by Todd J. Schneider. Response to Motion due by 12/7/2005 Reply to Response to Motion due by 12/27/2005. (Attachments: # 1 Memorandum of Law# 2 Statement of Undisputed Material Facts# 3 Exhibit Notice Regarding Exhibit Attachments)(Schneider, Todd) (Additional attachment(s) added on 8/11/2014: # 4 Exhibit List, # 5 Exhibit 1 − Declaration of William H. Kerbin, # 6 Exhibit 2 − Parties Stipulation, # 7 Exhibit A − Answer, # 8 Exhibit B − Answer, # 9 Exhibit C Part 1 − Deposition of Wilbur T. gamble, # 10 Exhibit C Part 2 − Deposition of Wilbur T. Gamble, # 11 Exhibit C Part 3 − Deposition of Wilbur T. Gamble, # 12 Exhibit C Part 4 − Deposition of Wilbur T. Gamble, # 13 Exhibit C Part 5 − Deposition of Wilbur T. Gamble, # 14 Exhibit C Part 6 − Deposition of Wilbur T. Gamble) (bcl). (Additional attachment(s) added on 8/11/2014: # 15 Exhibit D Part 1 − Deposition of Sheriff John Bowens, # 16 Exhibit D Part 2 − Deposition of Sheriff John Bowens, # 17 Exhibit D Part 3 − Deposition of Sheriff John Bowens, # 18 Exhibit D Part 4 − Deposition of Sheriff John Bowens, # 19 Exhibit D Part 5 − Deposition of Sheriff John Bowens, # 20 Cover Letter D Part 6 − Deposition of Sheriff John Bowens, # 21 Exhibit E − Amended Answers to REquests for Admissions, # 22 Exhibit F − Response to Plaintiff's Request for Admission, # 23 Exhibit G − Deposition of John Southern (Excerpts)) (bcl). (Additional attachment(s) added on 8/11/2014: # 24 Exhibit H Part 1 − Deposition of Willie Hood, # 25 Exhibit H Part 2 − Deposition of Willie Hood, # 26 Exhibit H Part 3 − Deposition of Willie Hood, # 27 Exhibit H Part 4 − Deposition of Willie Hood, # 28 Exhibit H Part 5 − Deposition of Willie Hood, # 29 Exhibit H Part 6 − Deposition of Willie Hood, # 30 Deposition of Charlotte Law, # 36 Exhibit J Part 2 − Deposition of Charlotte Law, # 37 Exhibit J Part 3 − Deposition of Charlotte Law, # 38 Exhibit K Part 1 − Deposition of Sandra Walker, # 39 Exhibit K Part 2 − Deposition of Sandra Walker, # 40 Exhibit K Part 3 − Deposition of Sandra Walker) (bcl). (Additional attachment(s) added on 8/12/2014: # 41 Exhibit L Part 1 − Declaration of Dr. Robert Greifinger, # 42 Exhibit L Part 2 − Declaration of Dr. Robert Greifinger, # 43 Exhibit L Part 3 − Declaration of Dr. Robert Greifinger, # 44 Exhibit L Part 4 − Declaration of Dr. Robert Greifinger, # 45 Exhibit L Part 5 − Declaration of Dr. Robert Greifinger, # 46 Exhibit L Part 6 − Declaration of Dr. Robert Greifinger, # 47 Exhibit L Part 7 − Declaration of Dr. Robert Greifinger) (bcl). Modified on 8/12/2014 (bcl). (Additional attachment(s) added on 8/12/2014: # 48 Exhibit L Part 8 − Declaration of Dr. Robert Greifinger, # 49 Exhibit L Part 9 − Declaration of Dr. Robert Greifinger, # 50 Exhibit L Part 10 − Declaration of Dr. Robert Greifinger) (bcl). (Additional attachment(s) added on 8/12/2014: # 51 Exhibit M − Deposition of Jailer Calvin Buchanan (excerpts), # 52 Envelope N Part 1 − Declaration of Steve Martin, # 53 Exhibit N Part 2 − Declaration of Steve Martin, # 54 Exhibit N Part 3 − Declaration of Steve Martin, # 55 Exhibit N Part 4 − Declaration of Steve Martin, # 56 Exhibit O − Deposition of Jailer Sandra Mitchell (excerpts), # 57 Exhibit P − Deposition of EMS Director James Hamby, # 58 Exhibit Q − Deposition of Jailer Brenda Dale (excerpts), # 59 Exhibit R Part 1 − Declaration of Leonard Rice, # 60 Envelope R Part 2 −Declaration of Leonard Rice, # 61 Exhibit R Part 3 − Declaration of Leonard Rice, # 62 Exhibit R Part 4 − Declaration of Leonard Rice) (bcl). (Additional attachment(s) added on 8/13/2014: # 63 Exhibit S Part 1 − Declaration of Wayne Carson, # 64 Exhibit S Part 2 − Declaration of Wayne Carson, # 65 Exhibit S Part 3 − Declaration of Wayne Carson, # 66 Exhibit T − Deposition of Jailer Annie Ruth Laster (excerpts), # 67 Exhibit U − Deposition of Jailer Clifford Johnson (excerpts), # 68 Exhibit V − Deposition of Jailer Catherine Minter, # 69 Exhibit W − Deposition of Helen Price, # 70 Exhibit X − Deposition of ELizabeth Brimberry (excerpts), # 71 Exhibit Y − Deposition of Jailer Iri Pittman (excerpts), # 72 Exhibit Z − Deposition of Dr. Miles Ellis (excerpts)) (bcl). (Additional attachment(s) added on 8/13/2014: # 73 Exhibit AA − Deposition of Julie Oliver (excerpts), # 74 Exhibit BB − Deposition of Jailer Leila Murphy, # 75 Exhibit CC − Deposition of Jailer Lillian Tooley (excerpts), # 76 Exhibit DD Part 1 − United States' Correspondence and Expert Reports, # 77 Exhibit DD Part 2 − United States' Correspondence and Expert Reports, # 78 Exhibit DD Part 3 − United States' Correspondence and Expert Reports, # 79 Exhibit EE − List of Referenced Inmates, # 80 Exhibit FF − Official Certifications for all Deposition Transcripts) (bcl). (Entered: 11/14/2005)

MOTION to Seal by United States of America filed by Todd J. Schneider. Response to Motion due by 12/7/2005 Reply to Response to Motion due by 12/27/2005. (Schneider, Todd) (Entered: 11/14/2005)

NOTICE of Attorney Appearance by Christopher Cheng on behalf of United States of America (Cheng, Christopher) (Entered: 11/14/2005)

ORDER granting 47 Motion to Seal Exhibits. Signed by Judge W. Louis Sands on 11/22/05. (wks ) (Entered: 11/23/2005)

MOTION for Extension of Time to File Defendant John Bowens and Terrell County Commissioners Response to Plaintiff's Motion for Summary Judgment and Time for Plaintiff to Reply Thereto by John W. Bowens filed by Leonard Danley. (Danley, Leonard) (Entered: 11/29/2005)

ORDER granting re 50 MOTION for Extension of Time to File Defendant John Bowens and Terrell County Commissioners Response to Plaintiff's Motion for Summary Judgment and Time for Plaintiff to Reply Thereto. Response to Motion due by 1/4/2006. Reply to Response to Motion due by 1/24/2006.Signed by Judge W. Louis Sands on 12/5/05. (wks ) (Entered: 12/07/2005)

RESPONSE filed by Terrell County, Georgia, Wilbur T. Gamble, Jr, Larry Atherton, Sr, Lucius Holloway, Bob Rainey, Blake Vann re 46 MOTION for Summary

RESPONSE filed by John W. Bowens re 46 MOTION for Summary Judgment (Attachments: # 1 # 2)(Danley, Leonard) (Entered: 01/09/2006)

ORDER granting 53 Motion for Extension of Time to File Response/Reply re 46 MOTION for Summary Judgment. Response to Motion due by 1/9/2006. Reply to Response to Motion due by 1/30/2006. Signed by Judge W. Louis Sands on 1/10/06 nunc pro tunc 1/9/06. (bjl ) (Entered: 01/10/2006)

REPLY to Response filed by United States of America re 46 MOTION for Summary Judgment (Attachments: # 1)(Cheng, Christopher) (Entered: 01/23/2006)

REPLY to Response filed by United States of America re 46 MOTION for Summary Judgment (Cheng, Christopher) (Entered: 01/23/2006)

AFFIDAVIT in Opposition filed by John W. Bowens re 46 MOTION for Summary Judgment (Danley, Leonard) (Entered: 01/25/2006)

Notice of Error in Filing (related document(s): 58 Affidavit in Opposition to Motion filed by John W. Bowens ). (wks ) (Entered: 01/26/2006)

MOTION for Leave to File Affidavit and Exhibit to Defendant John Bowens Response to Plaintiff's Motion for Summary Judgment by John W. Bowens filed by Leonard Danley. Response to Motion due by 2/27/2006. Reply to Response to Motion due by 3/15/2006. (Attachments: # 1 Affidavit Affidavit of John Wesley Bowens# 2 Exhibit December 12, 2005 Policy)(Danley, Leonard) (Entered: 02/03/2006)

RESPONSE filed by United States of America re 60 MOTION for Leave to File Affidavit and Exhibit to Defendant John Bowens Response to Plaintiff's Motion for Summary Judgment (Attachments: # 1 Exhibit U.S. Request for Production of Documents# 2 Exhibit Sheriff Letter)(Schneider, Todd) (Entered: 02/15/2006)

ORDER denying 60 Motion for Leave to File . Signed by Judge W. Louis Sands on 7/12/06. (wks ) (Entered: 07/13/2006)

ORDER granting 46 Motion for Summary Judgment . Ordered by Judge W. Louis Sands on 9/29/06. (bjl )

Letter regarding scheduling. (Cheng, Christopher) (Entered: 02/20/2007)

ORDER directing parties to file simultaneous briefs on all appropriate remedial issues by 4/2/07; reply briefs to be filed by 4/23/07. Ordered by Judge W. Louis Sands on 2/26/07. (jbk, ) (Entered: 02/26/2007)

Letter from Christopher N. Cheng dated 2/20/07 re scheduling in the case. (jbk, ) (Entered: 03/01/2007)

BRIEF filed by United States of America re 65 Order. (Attachments: # 1 Text of Proposed Order # 2 Certificate of Service)(Cheng, Christopher) (Entered: 04/02/2007)

NOTICE Withdrawal of Counsel Todd Schneider by United States of America (Cheng, Christopher) (Entered: 04/02/2007)

BRIEF Defendant Terrell County, Georgia's Brief Concerning Remedial Issues filed by Terrell County, Georgia re 65 Order. (Collier, Edward) (Entered: 04/02/2007)

ORDER approving 68 Notice of Withdrawal of Counsel of Todd Schneider filed by United States of America, . Ordered by Judge W. Louis Sands on 4/5/07. (jbk, ) (Entered: 04/05/2007)

BRIEF in Reply to County Brief filed by United States of America re 69 Brief. (Attachments: # 1 Certificate of Service)(Cheng, Christopher) (Entered: 04/23/2007)

MOTION for Extension of Time to File Response to the Court's February 26, 2007 Order. by John W. Bowens filed by Leonard Danley. (Danley, Leonard) (Entered: 08/02/2007)

ORDER granting 72 Motion to Allow Defendant Bowens to Respond to the Court's February 26, 2007 Order Out of Time; opposing counsel to file reply by 8/17/07. Ordered by Judge W. Louis Sands on 8/6/07. (jbk) (Entered: 08/06/2007)

Letter regarding Order of August 6, 2007 (Danley, Leonard) (Entered: 08/07/2007)

RESPONSE filed by United States of America re 72 MOTION for Extension of Time to File Response to the Court's February 26, 2007 Order. (Attachments: # 1 Exhibit A)(Cheng, Christopher) (Entered: 08/07/2007)

Notice of Error in Filing (related document(s): 76 Response to Motion filed by United States of America ). (wks) (Entered: 08/08/2007)

RESPONSE filed by United States of America re 72 MOTION for Extension of Time to File Response to the Court's February 26, 2007 Order. (Attachments: # 1 Certificate of Service (corrected filing)# 2 Exhibit A)(Cheng, Christopher) (Entered: 08/08/2007)

AMENDED ORDER that Defendant Bowen's Amended Motion for relief is granted; said relief as granted in the Court's previous order remains in full force and effect re 74 Order on Motion for Extension of Time (Misc), 75 Letter [Amended Motion]. Ordered by Judge W. Louis Sands on 8/27/07. (jbk) (Entered: 08/27/2007)

Letter regarding status conference (Cheng, Christopher) (Entered: 11/26/2007)

Letter from Attorney Cheng requesting telephone conference (wks) (Entered: 11/30/2007)

ORDER regarding remedial issues. Ordered by Judge W. Louis Sands on 12/21/07. (Attachments: # 1 (Proposed) Order)(wks) (Entered: 12/24/2007)

ORDER that the captioned case be administratively closed until further order of the court. Ordered by Judge W. Louis Sands on 9/23/08. (wks) (Entered: 09/24/2008)

MOTION to Amend/Correct 82 Order by Terrell County, Georgia filed by Edward R. Collier.(Collier, Edward) (Entered: 04/16/2009)

RESPONSE filed by United States of America re 84 MOTION to Amend/Correct 82 Order (Cheng, Christopher) (Entered: 04/28/2009)

RESPONSE filed by John W. Bowens re 84 MOTION to Amend/Correct 82 Order (Danley, Leonard) (Entered: 05/01/2009)

NOTICE of Hearing on Motion 84 MOTION to Amend/Correct 82 Order : Motion Hearing set for 6/17/2009 10:30 AM in Albany before Judge W. Louis Sands. (jbk) (Entered: 05/13/2009)

Minute Entry for proceedings held before Judge W. Louis Sands: Motion Hearing [via telephone] held on 6/17/2009 re 84 MOTION to Amend/Correct 82 Order filed by Terrell County, Georgia (jbk) (Entered: 06/17/2009)

ORDER granting−in−part 84 Motion to Amend/CorrectOrdered by Judge W. Louis Sands on 6/25/09 (wks) (Entered: 06/26/2009)

MOTION to Amend/Correct by Terrell County, Georgia filed by Edward R. Collier.(Collier, Edward) (Entered: 07/15/2009)

RESPONSE filed by United States of America re 90 MOTION to Amend/Correct (Attachments: # 1 Exhibit A: 10−22−08 Compliance Letter, # 2 Exhibit B: 7−2−09 Compliance Letter)(Dean, Kerry) (Entered: 07/21/2009)

Letter regarding Schedule a phone conference (Collier, Edward) (Entered: 08/13/2009)

ORDER granting 90 Motion to Amend/Correct. Ordered by Judge W. Louis Sands on 10/26/09, nunc pro tunc 7/15/2009. (wks) (Entered: 10/26/2009)

NOTICE of Attorney Appearance by Samantha Trepel on behalf of United States of America (Trepel, Samantha) (Entered: 11/24/2009)

Letter from Clerk's Office regarding Leave of Absence to Attorney Leonard Danley. (bcl) (Entered: 04/06/2010)

MOTION Civil contempt and stay re 82 Order by United States of America filed by Samantha Trepel. (Attachments: # 1 Memorandum in Support, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C, # 5 Exhibit Exhibit D, # 6 Exhibit Exhibit E, # 7 Exhibit Exhibit F, # 8 Exhibit Exhibit G, # 9 Exhibit Exhibit H, # 10 Exhibit Exhibit I)(Trepel, Samantha) (Entered: 12/09/2010)