1
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COMPLAINT against Bullitt County, Kentucky, Danny Fackler Summons(es) issued (Filing fee $ 250, Receipt #1856), filed by Kimberly Miracle. (Attachments: # 1 Cover Sheet)(SJS) (Entered: 03/03/2005)
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March 2, 2005
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March 2, 2005
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2
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Case Assignment (Random Selection): Case Assigned to Judge Jennifer B. Coffman. Magistrate designation: Judge James D. Moyer. (SJS) (Entered: 03/03/2005)
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March 2, 2005
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March 2, 2005
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3
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SUMMONS Returned Executed by Larry Stewart Bullitt County, Kentucky served on 3/8/2005, answer due 3/28/2005. (SJS) (Entered: 03/10/2005)
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March 10, 2005
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March 10, 2005
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4
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SUMMONS Returned Executed Danny Fackler served on 3/4/2005, answer due 3/24/2005. (SJS) (Entered: 03/15/2005)
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March 15, 2005
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March 15, 2005
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5
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SUMMONS Returned Executed Bullitt County, Kentucky served on 3/4/2005, answer due 3/24/2005. (SJS) (Entered: 03/15/2005)
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March 15, 2005
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March 15, 2005
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6
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ANSWER to Complaint with Jury Demand by Bullitt County, Kentucky, Danny Fackler.(Bowles, David) (Entered: 04/04/2005)
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April 4, 2005
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April 4, 2005
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7
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ORDER by Jennifer B. Coffman on 4/5/05; Rule 26(a)(1) Disclosure due by 5/6/2005. Rule 26 Meeting Report due by 5/16/2005. Counsel shall comply with remainder of Order as set forth.cc:Counsel(SJS) (Entered: 04/05/2005)
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April 5, 2005
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April 5, 2005
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8
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REPORT of Rule 26(f) Planning Meeting by Kimberly Miracle, Bullitt County, Kentucky, Danny Fackler. (SJS) (Entered: 04/20/2005)
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April 19, 2005
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April 19, 2005
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9
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NOTICE of Appearance by Gregory A. Belzley on behalf of Kimberly Miracle (TAC) (Entered: 05/06/2005)
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May 6, 2005
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May 6, 2005
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10
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SCHEDULING ORDER by Jennifer B. Coffman on 5/10/05; Amended Pleadings due by 1/15/2006. Discovery due by 5/16/2006. Dispositive Motions due by 7/1/2006. Expert Witness (Defendant) due by 4/16/2006. Expert Witness (Plaintiff) due by 3/16/2006. Pretrial Conference set for 10/12/2006 01:30 PM before Judge Jennifer B. Coffman. Joinder of Parties due by 1/15/2006. Jury Trial set for 11/20/2006 10:00 AM in Courtroom before Judge Jennifer B. Coffman. Anticipated length of trial is 7 days. Telephonic Status Conference set for 11/17/2005 10:00 AM before Judge Jennifer B. Coffman. Counsel shall comply with remainder of Order as set forth.cc:Counsel(SJS) (Entered: 05/11/2005)
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May 11, 2005
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May 11, 2005
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CASE REFERRED to Magistrate Judge James D. Moyer. (SJS) (Entered: 05/11/2005)
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May 11, 2005
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May 11, 2005
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11
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ORDER by James D. Moyer on 9/6/05 (entered by Order of the Court); TELEPHONIC CONFERENCE set for 9/13/2005 at 10:30 AM in Teleconference before Magistrate Judge James D. Moyer; court will initiate the call.cc: Counsel, JDM(JBM) Modified text on 9/6/2005 (JBM). (Entered: 09/06/2005)
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Sept. 6, 2005
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Sept. 6, 2005
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ORDER for proceedings held before James D. Moyer : Telephone Conference held on 9/13/2005. (JBM) (Entered: 09/14/2005)
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Sept. 13, 2005
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Sept. 13, 2005
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12
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ORDER by James D. Moyer on 9/13/05; plaintiff shall serve signed discovery responses that are fully and fairly answer, subject only to narrowly−drawn objections made in good faithl FURTHER ORDERED that plaintiff shall sign defendants proffered medical releasecc: Counsel(JBM) (Entered: 09/14/2005)
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Sept. 14, 2005
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Sept. 14, 2005
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13
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ORDER for proceedings held before Jennifer B. Coffman : Telephone Conference held on 11/17/2005. (Court Reporter Peggy Weber.) cc: Counsel(JBM) (Entered:
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Nov. 17, 2005
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Nov. 17, 2005
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15
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RESPONSE to Motion re 14 MOTION for Leave to Amend Complaint by Bullitt County, Kentucky, Danny Fackler. Replies due by 1/23/2006. (Attachments: # 1 Exhibit JC3 Report# 2 Exhibit Arrest Warrant# 3 Exhibit Docket Sheet# 4 Proposed Order)(Bowles, David) (Entered: 01/09/2006)
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Jan. 9, 2006
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Jan. 9, 2006
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16
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ORDER by Jennifer B. Coffman on 2/15/06; Jury Trial reset for 11/14/2006 at 10:00 AM in Courtroom before Judge Jennifer B. Coffman.cc:Counsel, TC, JC(JBM) (Entered: 02/16/2006)
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Feb. 16, 2006
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Feb. 16, 2006
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17
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MOTION to Withdraw 14 MOTION for Leave to Amend Complaint by Kimberly Miracle. Responses due by 3/13/2006 (Attachments: # 1 Proposed Order)(JBM) (Entered: 02/21/2006)
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Feb. 21, 2006
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Feb. 21, 2006
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18
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RESPONSE to Motion re 17 MOTION to Withdraw 14 MOTION for Leave to Amend Complaint by Bullitt County, Kentucky, Danny Fackler. Replies due by 3/8/2006. (Attachments: # 1 Proposed Order)(Bowles, David) (Entered: 02/22/2006)
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Feb. 22, 2006
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Feb. 22, 2006
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19
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ORDER by Jennifer B. Coffman on 2/26/06; withdrawing 14 Motion for Leave to amend complaint, granting 17 Motion to Withdraw motion for leave to amend complaint cc:Counsel(JBM) (Entered: 02/27/2006)
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Feb. 27, 2006
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Feb. 27, 2006
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20
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ORDER by Jennifer B. Coffman on 4/13/06; Referring Case to Magistrate Judge James D. Moyer for discovery and settlement conference.cc:Counsel(JBM) (Entered: 04/13/2006)
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April 13, 2006
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April 13, 2006
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21
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Joint MOTION Suspension of Pretrial Deadlines re 10 Scheduling Order,, by Kimberly Miracle, Bullitt County, Kentucky, Danny Fackler. Responses due by 5/19/2006 (Attachments: # 1 Proposed Order)(Bowles, David) (Entered: 05/01/2006)
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May 1, 2006
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May 1, 2006
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MOTION SUBMITTED TO CHAMBERS FOR REVIEW: 21 Joint MOTION Suspension of Pretrial Deadlines re 10 Scheduling Order,, (TAC) (Entered: 05/08/2006)
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May 8, 2006
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May 8, 2006
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22
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ORDER by Jennifer B. Coffman on 6/16/06; granting: 21 Joint MOTION for Suspension of Pretrial Deadlines; Telephonic Status Conference set for 7/14/2006 at 10:00 AM in Chambers before Judge Jennifer B. Coffman.cc:Counse, TC(JBM) (Entered: 06/19/2006)
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June 19, 2006
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June 19, 2006
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23
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ORDER by Jennifer B. Coffman on 7/10/06; Telephonic Status Conference reset for 7/19/2006 at 9:00 AM in Chambers before Judge Jennifer B. Coffman.cc:Counsel, TC(JBM) (Entered: 07/11/2006)
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July 11, 2006
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July 11, 2006
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Proceedings held before Jennifer B. Coffman : Telephonic Status Conference held on 7/19/2006. (Court Reporter Cindy Oaks.) (JBM) (Entered: 07/20/2006)
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July 19, 2006
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July 19, 2006
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24
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ORDER by Jennifer B. Coffman on 7/20/06; Referring Case to Magistrate Judge James D. Moyer for settlement; All pretrial deadlines are suspended; parties to meet the Magistrate no later than 9/1/06cc:Counsel, JDM(JBM) (Entered: 07/20/2006)
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July 20, 2006
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July 20, 2006
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25
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ORDER by James D. Moyer (eboc) on 7/21/06; Telephonic Status Conference set for 8/9/2006 10:00 AM in Chambers before Magistrate Judge James D. Moyer.cc:Counsel(JBM) (Entered: 07/21/2006)
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July 21, 2006
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July 21, 2006
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26
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ORDER by James D. Moyer (eboc) on 12/15/06; Telephonic Status Conference set for 1/17/2007 at 10:00 AM in Chambers before Magistrate Judge James D. Moyer.cc:Counsel(JBM) (Entered: 12/18/2006)
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Dec. 18, 2006
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Dec. 18, 2006
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27
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ORDER by Magistrate Judge James D. Moyer (eboc) on 3/16/07; Telephone Conference set for 3/21/2007 at 10:00 AM in Chambers before Magistrate Judge James D. Moyer.cc:Counsel, TC(JBM) (Entered: 03/16/2007)
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March 16, 2007
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March 16, 2007
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29
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RESPONSE to Motion re 28 MOTION to Amend/Correct 1 Complaint by Bullitt County, Kentucky, Danny Fackler.Replies due by 11/2/2007. (Bowles, David) (Entered: 10/19/2007)
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Oct. 19, 2007
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Oct. 19, 2007
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30
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ORDER by Judge Jennifer B. Coffman on 10/23/07; granting 28 Motion to Amend Complaint. cc:Counsel (JBM) (Entered: 10/24/2007)
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Oct. 24, 2007
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Oct. 24, 2007
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31
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AMENDED COMPLAINT with Jury Demand against Bullitt County, Kentucky, Danny Fackler, filed by Jeffrey Fleenor, Richard Daily, April Griffith, Keith Wilson, Earl Taylor, Kimberly Miracle. (JBM) (Entered: 10/24/2007)
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Oct. 24, 2007
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Oct. 24, 2007
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32
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ANSWER to Amended Complaint by Bullitt County, Kentucky, Danny Fackler. (Bowles, David) (Entered: 11/01/2007)
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Nov. 1, 2007
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Nov. 1, 2007
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33
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MOTION for Pretrial Conference by Plaintiffs Jeffrey Fleenor, Richard Daily, April Griffith, Keith Wilson, Earl Taylor, Kimberly Miracle Responses due by 12/31/2007 (Attachments: # 1 Proposed Order) (Belzley, Gregory) (Entered: 12/11/2007)
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Dec. 11, 2007
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Dec. 11, 2007
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34
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RESPONSE to Motion re 33 MOTION for Pretrial Conference filed by Bullitt County, Kentucky, Danny Fackler. Replies due by 12/27/2007. (Bowles, David) (Entered: 12/13/2007)
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Dec. 13, 2007
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Dec. 13, 2007
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35
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NOTICE of Appearance by Stacey A. Blankenship on behalf of Bullitt County, Kentucky, Danny Fackler (Blankenship, Stacey) (Entered: 12/18/2007)
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Dec. 18, 2007
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Dec. 18, 2007
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36
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NOTICE of Appearance by Douglas R. Moore on behalf of Bullitt County, Kentucky, Danny Fackler (Moore, Douglas) (Entered: 01/04/2008)
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Jan. 4, 2008
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Jan. 4, 2008
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37
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ORDER granting 33 Motion for Status Conference; Telephonic Status Conference set for 2/8/2008 02:00 PM before Judge Jennifer B. Coffman. Signed by Judge Jennifer B. Coffman on 1/30/08. cc:counsel, TC (JBM) (Entered: 02/05/2008)
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Feb. 5, 2008
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Feb. 5, 2008
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38
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ORDER by Judge Jennifer B. Coffman on 2/5/08; Telephone Conference reset for 2/11/2008 at 1:00 PM before Judge Jennifer B. Coffman.cc:counsel, TC (JBM) (Entered: 02/05/2008)
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Feb. 5, 2008
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Feb. 5, 2008
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39
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ORDER for proceedings held before Judge Jennifer B. Coffman re telephonic Status Conference held on 2/11/2008. Parties shall comply with deadlines set forth in order; response due by 6/11/2008. cc:counsel (CSD) (Entered: 02/12/2008)
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Feb. 12, 2008
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Feb. 12, 2008
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40
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Joint MOTION Preliminary Approval of Class Action Settlement Agreement by Plaintiffs Jeffrey Fleenor, Richard Daily, April Griffith, Keith Wilson, Earl Taylor, Kimberly Miracle, Defendants Bullitt County, Kentucky, Danny Fackler Responses due by 6/16/2008 (Attachments: # 1 Exhibit Settlement Agreement, # 2 Proposed Order) (Belzley, Gregory) (Entered: 05/27/2008)
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May 27, 2008
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May 27, 2008
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41
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REPORT for proceedings held before Magistrate Judge James D. Moyer: Telephone Conference held on 5/27/2008. Further matters in connection with the approval of proposed settlement will be handled by United States District Judge Jennifer B. Coffman. cc:counsel (JBM) (Entered: 05/29/2008)
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May 29, 2008
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May 29, 2008
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42
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ORDER by Judge Jennifer B. Coffman on 7/16/08; re: 40 joint motion for preliminary approval of settlement agreement. Parties shall simultaneously file briefs within 15 days of from the date of entry of this order. cc:counsel (JBM) (Entered: 07/16/2008)
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July 16, 2008
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July 16, 2008
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43
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ORDER by Judge Jennifer B. Coffman on 7/17/08 re: 40 Joint MOTION Preliminary Approval of Class Action Settlement Agreement: Motion Hearing set for 7/31/2008 at 10:00 AM in Courtroom before Judge Jennifer B. Coffman. cc:counsel, TC (JBM) (Entered: 07/17/2008)
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July 17, 2008
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July 17, 2008
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44
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BRIEF REGARDING PROPOSED SETTLEMENT AGREEMENT (Attachments: # 1 Exhibit Eddleman v. Jefferson County, # 2 Exhibit Wilson v. Franklin County, # 3 Exhibit Sutton v. Hopkins County, # 4 Exhibit In re Hopkins County, # 5 Exhibit Class Action Settlements, # 6 Exhibit Questionnaire, # 7 Exhibit Claim Form, # 8 Exhibit Notice of Settlement) by Jeffrey Fleenor, Richard Daily, April Griffith, Keith Wilson, Earl Taylor, Kimberly Miracle, Bullitt County, Kentucky, Danny Fackler. (Belzley, Gregory) (Entered: 07/29/2008)
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July 29, 2008
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July 29, 2008
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45
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ORDER for proceedings held before Judge Jennifer B. Coffman: Motion Hearing held on 8/4/2008 re 40 Joint MOTION Preliminary Approval of Class Action Settlement Agreement. Motion GRANTED. Analytics Inc. is approved as the claims administrator in this matter. Listed counsel of record for the plaintiffs in this action are appointed as class counsel; Motion for class certification is granted; Parties shall file a motion for approval of the final notice and claim form. (Court Reporter Georgene Scrivner.) cc:counsel (JBM) (Entered: 08/04/2008)
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Aug. 4, 2008
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Aug. 4, 2008
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46
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REQUEST to Inspect Public Records by Kimberly Miracle (JBM) (Entered: 08/05/2008)
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Aug. 4, 2008
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Aug. 4, 2008
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47
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MEMORANDUM OPINION AND ORDER granting 40 Motion To certify Class for settlement purposes; This matter is CERTIFIED as a class action for settlement purposes; Parties proposed settlement agreement is PRELIMINARILY APPROVED; Parties are DIRECTED to f ile the proposed Notice of Settlement and Settlement Claim Form with the Court by 8/19/08; Fairness Hearing set for 11/17/2008 at 3:00 PM in Courtroom before Judge Jennifer B. Coffman;. Signed by Judge Jennifer B. Coffman on 8/14/08. cc:counsel, TC (JBM)
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Aug. 15, 2008
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Aug. 15, 2008
RECAP
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48
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Joint MOTION Approval of tendered notice and proof of claim forms by Plaintiffs Jeffrey Fleenor, Richard Daily, April Griffith, Keith Wilson, Earl Taylor, Kimberly Miracle, Defendants Bullitt County, Kentucky, Danny Fackler Responses due by 9/8/2008 (Attachments: # 1 Exhibit Notice, # 2 Exhibit Proof of Claim, # 3 Proposed Order) (Belzley, Gregory) (Entered: 08/19/2008)
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Aug. 19, 2008
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Aug. 19, 2008
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49
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ORDER by Judge Jennifer B. Coffman on 8/21/08; re: 48 Joint MOTION Approval of tendered notice and proof of claim forms: Motion Hearing set for 8/25/2008 at 11:00 AM before Judge Jennifer B. Coffman. cc:counsel, TC (JBM) (Entered: 08/22/2008)
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Aug. 22, 2008
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Aug. 22, 2008
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50
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Joint MOTION Approval of Revised Notice by Plaintiffs Jeffrey Fleenor, Richard Daily, April Griffith, Keith Wilson, Earl Taylor, Kimberly Miracle, Defendants Bullitt County, Kentucky, Danny Fackler Responses due by 9/15/2008 (Attachments: # 1 Exhibit Revised Notice, # 2 Proposed Order) (Belzley, Gregory) (Entered: 08/26/2008)
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Aug. 26, 2008
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Aug. 26, 2008
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51
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Order for proceedings held before Judge Jennifer B. Coffman re telephonic hearing held 08/25/2008; proposed findings of fact and conclusions of law due 11/12/2008; fairness hearing remains scheduled for 11/17/2008, 3:00 p.m. (Court Reporter Peggy Weber.) cc:counsel (CSD) (Entered: 08/27/2008)
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Aug. 27, 2008
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Aug. 27, 2008
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52
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ORDER granting 50 Motion to approve revised Notice. Signed by Judge Jennifer B. Coffman on 08/27/2008. cc:counsel (CSD) (Entered: 08/27/2008)
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Aug. 27, 2008
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Aug. 27, 2008
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53
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Proposed Agreed Order/Stipulation Approving Class Action Settlement by Jeffrey Fleenor, Richard Daily, April Griffith, Keith Wilson, Earl Taylor, Kimberly Miracle, Bullitt County, Kentucky, Danny Fackler. (Belzley, Gregory) (Entered: 11/12/2008)
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Nov. 12, 2008
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Nov. 12, 2008
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54
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ORDER for proceedings held before Judge Jennifer B. Coffman: Fairness Hearing held on 11/18/2008. Booklet of exhibits tendered by Plaintiff shall be filed in the record; Objections to fairness of settlement OVERRULED; Class action settlement is approved. Parties to file a joint written report by 7/7/09. (Court Reporter Dena Legg.) cc:counsel (JBM) (Entered: 11/18/2008)
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Nov. 18, 2008
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Nov. 18, 2008
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55
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EXHIBIT BOOKLET filed by Plaintiff's. Filed pursuant to: 54 Order/Minutes from Fairness Hearing. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit) (JBM) (Entered: 11/19/2008)
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Nov. 18, 2008
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Nov. 18, 2008
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56
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MEMORANDUM OPINION & ORDER by Judge Jennifer B. Coffman on 11/19/08; the Class action settlement is APPROVED as fair, reasonable, and adequate in accordance with Rule 23. cc:counsel (JBM)
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Nov. 19, 2008
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Nov. 19, 2008
RECAP
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58
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ORDER by Judge Jennifer B. Coffman on 4/17/09; the Claims administrator shall have through 4/24/09 to mail notices if claim denials.cc:counsel (JBM) (Entered: 04/17/2009)
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April 17, 2009
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April 17, 2009
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59
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NOTICE/LETTER appealing decision. Filed by John P. Burk re 58 Order 56 Memorandum Opinion &Order (JBM) (Entered: 06/12/2009)
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June 10, 2009
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June 10, 2009
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60
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NOTICE/LETTER appealing decision of claim denial. by Todd Mettling, Jr re 58 Order, 56 Memorandum &Opinion, Order (JBM) (Entered: 06/23/2009)
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June 23, 2009
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June 23, 2009
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61
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RESPONSE to re 59 Notice (Other) of Appeal of Claim Denial by John P. Burk filed by Bullitt County, Kentucky, Danny Fackler. (Attachments: # 1 Proposed Order) (Blankenship, Stacey) (Entered: 06/23/2009)
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June 23, 2009
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June 23, 2009
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62
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RESPONSE to re 60 Notice (Other) of Appeal by Todd Mettling, Jr filed by Bullitt County, Kentucky, Danny Fackler. (Attachments: # 1 Exhibit A − Booking Sheet (12−22−2005), # 2 Exhibit B − Booking Sheet (2/15/2008), # 3 Exhibit C − U.S. v. Warfield, # 4 Proposed Order) (Blankenship, Stacey) (Entered: 06/24/2009)
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June 24, 2009
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June 24, 2009
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63
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STATUS REPORT by Jeffrey Fleenor, Richard Daily, April Griffith, Keith Wilson, Earl Taylor, Kimberly Miracle, Bullitt County, Kentucky, Danny Fackler. (Belzley, Gregory) (Entered: 07/06/2009)
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July 6, 2009
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July 6, 2009
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64
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MEMORANDUM OPINION & ORDER by Judge Jennifer B. Coffman on 7/24/09; Decisions of the claims administrator are AFFIRMED and the claims of John P. Burke and Todd Mettling, Jr. are DENIED. Within 15 days from the date of entry of this order, the parties shall file a joint status report.cc:counsel (JBM)
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July 24, 2009
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July 24, 2009
RECAP
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65
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STATUS REPORT (Second) by Jeffrey Fleenor, Richard Daily, April Griffith, Keith Wilson, Earl Taylor, Kimberly Miracle. (Belzley, Gregory) (Entered: 08/05/2009)
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Aug. 5, 2009
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Aug. 5, 2009
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66
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ORDER by Judge Jennifer B. Coffman on 8/7/09; Final Status Report due by 9/30/2009.cc:counsel (JBM) (Entered: 08/07/2009)
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Aug. 7, 2009
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Aug. 7, 2009
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67
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STATUS REPORT (Third) by Jeffrey Fleenor, Richard Daily, April Griffith, Keith Wilson, Earl Taylor, Kimberly Miracle, Bullitt County, Kentucky, Danny Fackler. (Blankenship, Stacey) (Entered: 09/30/2009)
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Sept. 30, 2009
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Sept. 30, 2009
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68
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ORDER by Judge Jennifer B. Coffman on 10/1/09; Within 10 days from the date of entry of this order, the parties shall submit the final report advising whether all claims can be dismissed, and whether they should be dismissed with or without prejudice. cc:counsel (JBM) (Entered: 10/01/2009)
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Oct. 1, 2009
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Oct. 1, 2009
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69
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STATUS REPORT (Final) (Attachments: # 1 Affidavit of Jonathan Reid, # 2 Exhibit A − to Affidavit (Report of Approved Claimants), # 3 Exhibit B − to Affidavit (Report of Denied Claimants), # 4 Exhibit C − to Affidavit (Report of Appeals Received), # 5 Exhibit D − to Affidavit (Report of Appeals with the Court), # 6 Exhibit E − to Affidavit (Report of payments), # 7 Exhibit F − to Affidavit (Report of payments uncashed), # 8 Proposed Order) by Jeffrey Fleenor, Richard Daily, April Griffith, Keith Wilson, Earl Taylor, Kimberly Miracle, Bullitt County, Kentucky, Danny Fackler. (Blankenship, Stacey) (Entered: 10/09/2009)
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Oct. 9, 2009
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Oct. 9, 2009
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70
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FINAL ORDER AND JUDGMENT; Class action and all claims against the settling Defendants are dismissed with prejudice. All class members who did not make a timely request to be excluded from the class are barred and enjoined from commencing and/or prosecuting any claim or action against the Defendants relating to the claims alleged in the Complaint filed herein. All funds remaining in the settlement fund shall be disbursed within 30 days from entry of this Judgment. This is a Final Judgment. cc:counsel (JBM) (Entered: 10/15/2009)
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Oct. 15, 2009
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Oct. 15, 2009
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