1
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COMPLAINT filed by Marilyn Wenman obo Betty Hilleger and Kathryn A. Price obo Geralidine Saunders against Director, Ohio Department of Aging and Medicaid Director, Office of Medical Assistance.( Filing fee $ 350 paid − receipt number: 0648−3961964 (Attachments: # 1 Civil Cover Sheet) (eh1) (Entered: 02/04/2013)
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Feb. 1, 2013
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Feb. 1, 2013
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Pursuant to General Order of Assignment and Reference filed on February 23, 2011, Magistrate Judge Karen L Litkovitz added for purposes of discovery. (eh1) (Entered: 02/04/2013)
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Feb. 4, 2013
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Feb. 4, 2013
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2
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WAIVER OF SERVICE Returned Executed. Waiver sent to Director, Ohio Department of Aging on 2/1/2013, answer due 4/2/2013. (Pecquet, Janet) Modified to correct answer date on 2/19/2013 (jlw). (Entered: 02/18/2013)
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Feb. 18, 2013
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Feb. 18, 2013
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3
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WAIVER OF SERVICE Returned Executed. Waiver sent to Medicaid Director, Office of Medical Assistance on 2/1/2013, answer due 4/2/2013. (Pecquet, Janet) Modified to correct answer date on 2/19/2013 (jlw). (Entered: 02/18/2013)
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Feb. 18, 2013
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Feb. 18, 2013
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Set/Reset Deadlines: Director, Ohio Department of Aging answer due 4/2/2013; Medicaid Director, Office of Medical Assistance answer due 4/2/2013. (jlw) (Entered: 02/19/2013)
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Feb. 19, 2013
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Feb. 19, 2013
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Notice of Correction re: 2 Waiver of Service Executed, 3 Waiver of Service Executed. Service date was incorrectly entered. The correct date is 2/1/2013 changing the answer date to 4/2/2013. Deadlines were reset. (jlw) (Entered: 02/19/2013)
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Feb. 19, 2013
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Feb. 19, 2013
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5
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NOTICE of Appearance by Cheryl R Hawkinson for Defendants Director, Ohio Department of Aging, Medicaid Director, Office of Medical Assistance (Hawkinson, Cheryl) (Entered: 02/26/2013)
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Feb. 26, 2013
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Feb. 26, 2013
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6
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STIPULATION extension of time to plead to complaint by Plaintiffs and Defendants. (Hawkinson, Cheryl) Modified to correct filer information on 3/28/2013 (lk). (Entered: 03/27/2013)
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March 27, 2013
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March 27, 2013
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Reset Deadlines per stipulation: Director, Ohio Department of Aging answer due 4/23/2013; Medicaid Director, Office of Medical Assistance answer due 4/23/2013. (lk) (Entered: 03/28/2013)
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March 28, 2013
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March 28, 2013
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7
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ANSWER to Complaint filed by Director, Ohio Department of Aging. (Brown, Natalie) (Entered: 04/23/2013)
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April 23, 2013
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April 23, 2013
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8
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ANSWER to Complaint filed by Medicaid Director, Office of Medical Assistance. (Brown, Natalie) (Entered: 04/23/2013)
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April 23, 2013
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April 23, 2013
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9
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NOTICE of Hearing: Preliminary Pretrial Conference set for 6/20/2013 02:30 PM in Chambers before Judge S Arthur Spiegel. (km1) (Entered: 04/24/2013)
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April 24, 2013
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April 24, 2013
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10
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RULE 26(f) REPORT by Defendants Director, Ohio Department of Aging, Medicaid Director, Office of Medical Assistance, Plaintiffs Kathryn A. Price, Marilyn Wenman. (Pecquet, Janet) (Entered: 06/07/2013)
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June 7, 2013
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June 7, 2013
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11
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ORDER REASSIGNING CASE. Upon consent of the parties, this case is transferred to Magistrate Judge Karen L. Litkovitz for all further proceedings. Judge S Arthur Spiegel no longer assigned to case. Any appeal will be to the United States Court of Appeals for the Sixth Circuit. The preliminary pretrial conference set for 6/20/2013 at 2:30 p.m. is hereby VACATED. Signed by Judge S Arthur Spiegel on 6/11/2013. (km1) (Entered: 06/11/2013)
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June 11, 2013
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June 11, 2013
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12
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NOTICE: Scheduling Conference set for Wednesday, 7/10/2013 at 02:00 PM via telephone before Magistrate Judge Karen L. Litkovitz. (COUNSEL MUST LOG INTO CM/ECF TO VIEW THIS SEALED DOCUMENT IN ITS ENTIRETY FOR INSTRUCTIONS ON HOW TO PARTICIPATE IN THE TELEPHONE SCHEDULING CONFERENCE.) (art) (Entered: 06/13/2013)
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June 13, 2013
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June 13, 2013
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13
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Minute Entry: Case called this date before Magistrate Judge Karen L. Litkovitz for a Scheduling Conference held via telephone on 7/10/2013. Counsel for plaintiff and defendant present. Case calendar established. Order of the Court to follow. (Court Reporter none present.) (art) (Entered: 07/11/2013)
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July 10, 2013
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July 10, 2013
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14
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NOTICE: Status Conference set for Tuesday, 10/15/2013 at 02:00 PM via telephone before Magistrate Judge Karen L. Litkovitz. (COUNSEL MUST LOG INTO CM/ECF TO VIEW THIS SEALED DOCUMENT IN ITS ENTIRETY FOR INSTRUCTIONS ON HOW TO PARTICIPATE IN THE TELEPHONE STATUS CONFERENCE.) (art) (Entered: 07/11/2013)
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July 11, 2013
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July 11, 2013
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15
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CALENDAR ORDER: Deadline for leave to amend the pleadings set for 8/30/2013; Plaintiff to identify and produce primary expert reports deadline set for 10/6/2013; Defendant to identify and produce primary expert reports deadline set for 11/6/2013; Parties disclosure and report of rebuttal experts deadline set for 12/6/2013; Parties disclosure of non−expert (fact) witnesses deadline set for 1/6/2014; Parties to exchange witness list and summary deadline set for 2/28/2014; Discovery deadline set for 3/28/2014; Dispositive motion deadline set for 5/16/2014; Joint final pretrial order deadline set for 9/3/2014; Final Pretrial Conference set for 9/10/2014 at 02:00 PM before Magistrate Judge Karen L. Litkovitz; Bench Trial set for 10/1/2014 at 09:00 AM before Magistrate Judge Karen L. Litkovitz. Signed by Magistrate Judge Karen L. Litkovitz on 7/11/2013. (art) (Entered: 07/11/2013)
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July 11, 2013
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July 11, 2013
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16
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Minute Entry: Case called this date before Magistrate Judge Karen L. Litkovitz for a Status Conference held via telephone on 10/15/2013. Case cont'd for further status conference via telephone on Tuesday, 11/19/2013 at 3:00 pm. (Court Reporter none
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Oct. 15, 2013
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Oct. 15, 2013
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18
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NOTICE by Defendants Director, Ohio Department of Aging, Medicaid Director, Office of Medical Assistance (Brown, Natalie) (Entered: 11/15/2013)
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Nov. 15, 2013
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Nov. 15, 2013
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19
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NOTICE of Appearance by Amy Robbins Goldstein for Defendants Director, Ohio Department of Aging, Medicaid Director, Office of Medical Assistance (Goldstein, Amy) (Entered: 11/19/2013)
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Nov. 19, 2013
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Nov. 19, 2013
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20
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Minute Entry: Case called this date before Magistrate Judge Karen L. Litkovitz for a Status Conference held via telephone on 11/19/2013.Counsel for plaintiff and defendant present. Order of the Court to follow. (Court Reporter none present.) (art) (Entered: 11/19/2013)
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Nov. 19, 2013
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Nov. 19, 2013
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21
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ORDER by agreement of the parties and with the consent of the Court, class−related discovery deadline set for 1/17/2014; class certification motion deadline set for 2/18/2014. Signed by Magistrate Judge Karen L. Litkovitz on 11/19/2013. (art) (Entered: 11/20/2013)
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Nov. 20, 2013
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Nov. 20, 2013
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22
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ORDER REFERRING CASE to Magistrate Judge J. Gregory Wehrman for purposed of conducting a settlement conference. Parties are directed to contact MJ Wehrman's chambers by no later than 12/13/2013 and arrange a date for the settlement conference in this matter. Signed by Magistrate Judge Karen L. Litkovitz on 11/19/2013. (art) (Entered: 11/20/2013)
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Nov. 20, 2013
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Nov. 20, 2013
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23
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ORDER signed by Magistrate Judge J. Gregory Wehrman on 11/22/13. IT IS ORDERED: A Settlement Conference will be held on 1/13/2014 at 9:30 AM at the U.S. Courthouse, 35 West Fifth Street, Covington, Kentucky. (eh1) (Entered: 11/22/2013)
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Nov. 22, 2013
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Nov. 22, 2013
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24
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NOTICE to Take Deposition of Davonna Jeter by Plaintiffs Kathryn A. Price, Marilyn Wenman. (Pecquet, Janet) (Entered: 12/10/2013)
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Dec. 10, 2013
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Dec. 10, 2013
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25
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AMENDED NOTICE to Take Deposition of Davonna Jeter by Plaintiffs Kathryn A. Price, Marilyn Wenman. (Pecquet, Janet) Modified to clarify docket text on 12/11/2013 (jlw). (Entered: 12/10/2013)
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Dec. 10, 2013
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Dec. 10, 2013
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26
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NOTICE to Take Deposition of Lynn Periatt by Plaintiffs Kathryn A. Price, Marilyn Wenman. (Pecquet, Janet) (Entered: 12/10/2013)
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Dec. 10, 2013
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Dec. 10, 2013
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27
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MOTION for Leave to File First Amended Class Action Complaint and to Substitute Marilyn A. Wenman for Betty Hilleger, Deceased Pursuant to Fed. R. Civ. P. 25(a) and to Add Claims by Plaintiffs Kathryn A. Price, Marilyn Wenman. (Pecquet, Janet) (Entered: 12/18/2013)
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Dec. 18, 2013
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Dec. 18, 2013
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28
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MOTION for Extension of Time to File Response/Reply as to 27 MOTION for Leave to File First Amended Class Action Complaint and to Substitute Marilyn A. Wenman for Betty Hilleger, Deceased Pursuant to Fed. R. Civ. P. 25(a) and to Add Claims New date requested 2/14/2014. by Defendants Director, Ohio Department of Aging, Medicaid Director, Office of Medical Assistance. (Hawkinson, Cheryl) (Entered: 12/23/2013)
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Dec. 23, 2013
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Dec. 23, 2013
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29
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MOTION for Leave to Appear Pro Hac Vice of Eric M. Carlson (Filing fee $ 200, receipt number 0648−4388016) by Plaintiffs Kathryn A. Price, Marilyn Wenman. (Pecquet, Janet) (Entered: 12/27/2013)
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Dec. 27, 2013
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Dec. 27, 2013
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30
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MOTION for Leave to Appear Pro Hac Vice of Anna M. Rich (Filing fee $ 200, receipt number 0648−4388026) by Plaintiffs Kathryn A. Price, Marilyn Wenman. (Pecquet, Janet) (Entered: 12/27/2013)
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Dec. 27, 2013
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Dec. 27, 2013
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31
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ORDER granting 29 Motion for Leave to Appear Pro Hac Vice of attorney Eric M. Carlson. Signed by Magistrate Judge Karen L. Litkovitz on 12/30/2013. (art) (Entered: 12/30/2013)
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Dec. 30, 2013
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Dec. 30, 2013
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33
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Proposed Protective Order by Defendants Director, Ohio Department of Aging, Medicaid Director, Office of Medical Assistance. (Hawkinson, Cheryl) Modified to terminate motion on 1/7/2014 (lk). (Entered: 01/03/2014)
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Jan. 3, 2014
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Jan. 3, 2014
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34
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STIPULATION Stipulation of Extension by Plaintiffs Kathryn A. Price, Marilyn Wenman. (Pecquet, Janet) (Entered: 01/06/2014)
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Jan. 6, 2014
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Jan. 6, 2014
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35
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STIPULATION Amended Stipulation of Extension by Plaintiffs Kathryn A. Price, Marilyn Wenman. (Pecquet, Janet) (Entered: 01/06/2014)
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Jan. 6, 2014
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Jan. 6, 2014
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36
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STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Karen L. Litkovitz on 1/8/2014. (art)
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Jan. 8, 2014
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Jan. 8, 2014
RECAP
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37
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ORDER granting parties agreed 27 28 Motion(s) that defendants shall have until 2/14/2014 in which to file a response to plaintiffs' motion for leave to file the first amended complaint, and plaintiffs' motion for class certification shall be due on or before 4/18/2014. The cut−off for discovery for class certification shall be 3/17/2014. Signed by Magistrate Judge Karen L. Litkovitz on 1/8/2014. (art) (Entered: 01/08/2014)
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Jan. 8, 2014
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Jan. 8, 2014
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38
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Minute Order for Proceedings held before Magistrate Judge J. Gregory Wehrman: Settlement Conference on 1/13/2014. Janet Pecquet, Peter Cassady, and Ashley Shannon Burke appeared for Plaintiff; Cheryl Hawkinson, Amy Goldstein, and Natalie Brown appeared for Defendant. The parties made substantial progress toward resolving the pending litigation and have requested additional time to continue negotiations. IT IS ORDERED that on or before 1/27/2014 parties shall file a joint status report. (eh1) (Entered: 01/14/2014)
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Jan. 14, 2014
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Jan. 14, 2014
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39
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ORDER that all current calendar deadlines in this matter be extended by (60) days pending the parties settlement efforts. Signed by Magistrate Judge Karen L. Litkovitz on 1/14/2014. (art) (Entered: 01/14/2014)
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Jan. 14, 2014
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Jan. 14, 2014
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40
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AMENDED Minute Order for Proceedings held before Magistrate Judge J. Gregory Wehrman: Settlement Conference on 1/13/2014. Janet Pecquet, Peter Cassady, and Ashley Shannon Burke appeared for Plaintiff; Cheryl Hawkinson and Amy Goldstein appeared for Defendant. The parties made substantial progress toward resolving the pending litigation and have requested additional time to continue negotiations. IT IS ORDERED that on or before 1/27/2014 parties shall file a joint status report. (eh1) (Entered: 01/16/2014)
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Jan. 16, 2014
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Jan. 16, 2014
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41
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Minute Entry: Case called this date before Magistrate Judge Karen L. Litkovitz for a Status Conference held via telephone on 3/26/2014. Counsel for plaintiff and defendant present. Order of the Court to follow. (Court Reporter none present.) (art) (Entered: 03/27/2014)
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March 26, 2014
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March 26, 2014
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42
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ORDER following 41 Status Conference held on 3/26/2014. Parties are to file a joint motion for an extension of the deadlines and are to include a proposed order containing agreed upon dates. This matter is set for a follow−up status conference on 4/24/2014 at 02:30 PM via telephone before Magistrate Judge Karen L. Litkovitz. Signed by Magistrate Judge Karen L. Litkovitz on 3/27/2014. (art) Modified to correct status conference date on 3/31/2014 (sct1). (Entered: 03/27/2014)
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March 27, 2014
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March 27, 2014
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43
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NOTICE: Status Conference set for Thursday, 4/24/2014 at 02:30 PM via telephone before Magistrate Judge Karen L. Litkovitz. (COUNSEL MUST LOG INTO CM/ECF TO VIEW THIS SEALED DOCUMENT IN ITS ENTIRETY FOR INSTRUCTIONS ON HOW TO PARTICIPATE IN THE TELEPHONE STATUS CONFERENCE). (art) (Entered: 03/27/2014)
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March 27, 2014
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March 27, 2014
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44
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ORDER signed by Magistrate Judge J. Gregory Wehrman on 3/27/14. IT IS ORDERED: A settlement conference will be held on APRIL 8, 2014, at 10:00 a.m. at the U.S. Courthouse, 35 West Fifth Street, Covington, Kentucky. (eh1) (Entered: 03/27/2014)
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March 27, 2014
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March 27, 2014
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46
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Minute Entry: Case called this date before Magistrate Judge Karen L. Litkovitz for a Status Conference held via telephone on 4/24/2014. Counsel for plaintiffs, and defedants present. Parties will submit a joint proposed request for extension of certain discovery and filing deadlines. (Court Reporter none present.) (art) (Entered: 05/01/2014)
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April 24, 2014
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April 24, 2014
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47
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STIPULATED CALENDAR EXTENSION ORDER: Discovery deadline, including class certification set for 7/31/2014; Plaintiffs' Motion for Class Certification shall be due on or before 9/12/2014; Memorandum in opposition for class certification shall be due on or before 10/31/2014; Reply memorandum for class certification shall be due on or before 11/21/2014; Dispositive Motions shall be due on or before 9/12/2014; Memoranda in opposition to dispositive motions shall be due on or before 10/31/2014; Reply memoranda for dispositive motions shall be due on or before 11/21/2014; Final pretrial conference and trial dates to be determined at a later date by the Court. Signed by Magistrate Judge Karen L. Litkovitz on 5/2/2014. (art) (Entered: 05/02/2014)
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May 2, 2014
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May 2, 2014
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48
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NOTICE: Status Conference set for Tuesday, 6/24/2014 at 03:30 PM via telephone before Magistrate Judge Karen L. Litkovitz. (COUNSEL MUST LOG INTO CM/ECF TO VIEW THIS SEALED DOCUMENT IN ITS ENTIRETY FOR INSTRUCTIONS ON HOW TO PARTICIPATE IN THE TELEPHONE STATUS CONFERENCE). (art) (Entered: 05/05/2014)
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May 5, 2014
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May 5, 2014
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Defendants' counsel Cheryl Hawkinson unavailable today (death in family) for status conference set for 6/24/2014 at 3:30 pm. This matter will be reset for status conference in a couple of weeks before MJ Litkovitz. (art) (Entered: 06/24/2014)
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June 24, 2014
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June 24, 2014
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49
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NOTICE RESETTING: Status Conference reset for Tuesday, 7/8/2014 at 01:30 PM via telephone before Magistrate Judge Karen L. Litkovitz. (COUNSEL MUST LOG INTO CM/ECF TO VIEW THIS SEALED DOCUMENT IN ITS ENTIRETY FOR INSTRUCTIONS ON HOW TO PARTICIPATE IN THE TELEPHONE STATUS CONFERENCE). (art) (Entered: 06/24/2014)
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June 24, 2014
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June 24, 2014
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50
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Minute Entry: Case called this date before Magistrate Judge Karen L. Litkovitz for a Status Conference held via telephone on 7/8/2014. Counsel for plaintiffs present. Case cont'd for a rescheduled status conference tentatively set for Tuesday, 7/15/2014 at 11:00 via telephone. (Court Reporter none present.) (art) (Entered: 07/08/2014)
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July 8, 2014
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July 8, 2014
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51
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NOTICE: Status Conference set for Tuesday, 7/15/2014 at 11:00 AM via telephone before Magistrate Judge Karen L. Litkovitz. (COUNSEL MUST LOG INTO CM/ECF TO VIEW THIS SEALED DOCUMENT IN ITS ENTIRETY FOR INSTRUCTIONS ON HOW TO PARTICIPATE IN THE TELEPHONE STATUS CONFERENCE). (art) (Entered: 07/09/2014)
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July 9, 2014
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July 9, 2014
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52
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Minute Entry: Case called this date before Magistrate Judge Karen L. Litkovitz for a Status Conference held via telephone on 7/15/2014. Counsel for plaintiffs and defendants present. Revised case calendar established. Order of the Court to follow. (Court Reporter none present.) (art) (Entered: 07/15/2014)
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July 15, 2014
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July 15, 2014
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53
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REVISED CALENDAR ORDER: The cut−off date for all discovery, including class certification set for 10/31/2014; Plaintiffs' Motion for Class Certification shall be due on or before 12/12/2014; Memorandum in opposition for class certification shall be due on or before 2/6/2015; Reply memorandum for class certification shall be due on or before 2/27/2015; Dispositivie motions shall be due on or before 12/12/2014; Memorandum in opposition to dispositive motions shall be due on or before 2/6/2015; Reply memorandum for dispositive motions shall be due on or before 2/27/2015; Joint Final Pretrial Order deadline set for 6/4/2015; Final Pretrial Conference set for 6/11/2015 at 02:00 PM before Magistrate Judge Karen L. Litkovitz; Bench Trial set for 6/22/2015 at 09:00 AM before Magistrate Judge Karen L. Litkovitz. Signed by Magistrate Judge Karen L. Litkovitz on 7/15/2014. (art) (Entered: 07/15/2014)
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July 15, 2014
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July 15, 2014
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54
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STIPULATION of Extension by Defendants Director, Ohio Department of Aging, Medicaid Director, Office of Medical Assistance, Plaintiffs. (Hawkinson, Cheryl) Modified to include plaintiffs as filers on 11/13/2014 (eh1). (Entered: 11/12/2014)
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Nov. 12, 2014
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Nov. 12, 2014
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55
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ORDER granting plaintiff's 27 Motion for Leave to File first amended complaint. It is Ordered that Marilyn A. Wenman, duly appointed representative of the Estate of Betty Hilleger, Deceased, shall be substituted for plaintiff Betty Hilleger. Signed by Magistrate Judge Karen L. Litkovitz on 11/13/2014. (art) (Entered: 11/13/2014)
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Nov. 13, 2014
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Nov. 13, 2014
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56
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FIRST AMENDED CLASS ACTION COMPLAINT for injunctive and declaratory relief filed by plaintiffs. (art) (Entered: 11/13/2014)
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Nov. 13, 2014
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Nov. 13, 2014
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57
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REVISED CALENDAR ORDER: The cutoff for all discovery, including class certification, shall be 10/31/2014; Defendants shall have (30) days to file their respective answer from the date the Amended Complaint is filed. Plaintiffs' Motion for class certification shall be due on or before 1/16/2015; Memorandum in opposition for class certification shall be due on or before 2/20/2015; Reply memorandum for class certification shall be due on or before 3/13/2015; Dispositive motions shall be due on or before 1/16/2015; Memorandum in opposition to dispositive motions shall be due on or before 2/20/2015; Reply memorandum for dispositive motions shall be due on or before 3/13/2015; Parties Joint final pretrial order deadline set for 6/4/2015; Final Pretrial Conference set for 6/11/2015 at 02:00 PM before Magistrate Judge Karen L. Litkovitz; Bench Trial set for 6/22/2015 at 09:00 AM before Magistrate Judge Karen L. Litkovitz. Signed by Magistrate Judge Karen L. Litkovitz on 11/13/2014. (art) (Entered: 11/13/2014)
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Nov. 13, 2014
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Nov. 13, 2014
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58
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ANSWER to 56 Amended Complaint filed by Director, Ohio Department of Aging. (Hawkinson, Cheryl) Modified to clarify docket text on 12/8/2014 (jlw1). (Entered: 12/05/2014)
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Dec. 5, 2014
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Dec. 5, 2014
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59
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Director, Ohio Department of Medicaid ANSWER to 56 Amended Complaint filed by Medicaid Director, Office of Medical Assistance. (Hawkinson, Cheryl) (Entered: 12/05/2014)
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Dec. 5, 2014
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Dec. 5, 2014
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60
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STIPULATION Joint Stipulation of Dismissal Without Prejudice of Claim Four of the First Amended Complaint by Plaintiffs Kathryn A. Price, Marilyn Wenman. (Pecquet, Janet) (Entered: 12/10/2014)
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Dec. 10, 2014
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Dec. 10, 2014
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61
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MOTION for Leave to File Motion for Summary Judgment in Excess of Twenty (20) Pages by Defendants Director, Ohio Department of Aging, Medicaid Director, Office of Medical Assistance. (Hawkinson, Cheryl) (Entered: 12/16/2014)
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Dec. 16, 2014
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Dec. 16, 2014
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62
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NOTATION ORDER granting defendants John McCarthy adn Bonnie Kantor−Burmans' 61 Motion for Leave to File a motion for summary judgment in excess of (20) pages. Signed by Magistrate Judge Karen L. Litkovitz on 12/17/2014. (art) (Entered: 12/17/2014)
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Dec. 17, 2014
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Dec. 17, 2014
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63
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NOTICE of Change of Address by Janet Eileen Pecquet (Pecquet, Janet) (Entered: 12/19/2014)
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Dec. 19, 2014
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Dec. 19, 2014
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64
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MOTION for Leave to File Excess Pages in Motion for Summary Judgment by Plaintiffs Kathryn A. Price, Marilyn Wenman. (Pecquet, Janet) (Entered: 12/30/2014)
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Dec. 30, 2014
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Dec. 30, 2014
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65
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NOTATION ORDER granting plaintiff's 64 Motion for Leave to File Motion for Summary Judgment in Excess of (20) Pages. Signed by Magistrate Judge Karen L. Litkovitz on 12/31/2014. (art) (Entered: 12/31/2014)
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Dec. 31, 2014
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Dec. 31, 2014
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66
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MOTION for Leave to File Declaration of Janet E. Pecquet, with Attachments, Under Seal by Plaintiffs Kathryn A. Price, Marilyn Wenman. (Pecquet, Janet) (Entered: 01/15/2015)
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Jan. 15, 2015
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Jan. 15, 2015
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67
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MOTION to Seal Defendants Motion for Leave to File Exhibits of Davona Jeter and Lynn Periatt Depositions Under Seal by Defendants Director, Ohio Department of Aging, Medicaid Director, Office of Medical Assistance. (Hawkinson, Cheryl) (Entered: 01/16/2015)
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Jan. 16, 2015
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Jan. 16, 2015
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69
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Deposition of Devona Jeter's without Exhibits taken 12/16/2013 by Defendants Director, Ohio Department of Aging, Medicaid Director, Office of Medical Assistance (Attachments: # 1 Exhibit Deposition of Devona Jeter without exhibits) ***Please note that p. 53 of the deposition is misfiled as p. 35 of the pdf. ***** (Hawkinson, Cheryl) Modified docket text on 1/21/2015 (eh1). (Entered: 01/16/2015)
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Jan. 16, 2015
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Jan. 16, 2015
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70
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ORDER granting 66 Motion for Leave to File to File the Declaration of Janet E. Pecquet, with Attachments, Under Seal. Signed by Magistrate Judge Karen L. Litkovitz on 1/16/15. (eh) (Entered: 01/16/2015)
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Jan. 16, 2015
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Jan. 16, 2015
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73
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NOTICE by Plaintiffs Kathryn A. Price, Marilyn Wenman Of Manual Filing of the Declaration of Janet E. Pecquet (Pecquet, Janet) (Entered: 01/16/2015)
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Jan. 16, 2015
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Jan. 16, 2015
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74
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MOTION for Summary Judgment by Plaintiffs Kathryn A. Price, Marilyn Wenman. Responses due by 2/9/2015 (Pecquet, Janet) (Entered: 01/16/2015)
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Jan. 16, 2015
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Jan. 16, 2015
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75
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AFFIDAVIT re 74 MOTION for Summary Judgment Declaration of Cecil Albright by Plaintiffs Kathryn A. Price, Marilyn Wenman. (Pecquet, Janet) (Entered: 01/16/2015)
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Jan. 16, 2015
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Jan. 16, 2015
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76
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AFFIDAVIT re 74 MOTION for Summary Judgment Declaration Christopher Lavin by Plaintiffs Kathryn A. Price, Marilyn Wenman. (Attachments: # 1 Exhibit 1 through 4) (Pecquet, Janet) (Entered: 01/16/2015)
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Jan. 16, 2015
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Jan. 16, 2015
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77
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MOTION to Certify Class and Appointment of Class Counsel by Plaintiffs Kathryn A. Price, Marilyn Wenman. Responses due by 2/9/2015 (Attachments: # 1 Exhibit A) (Pecquet, Janet) (Entered: 01/16/2015)
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Jan. 16, 2015
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Jan. 16, 2015
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78
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AFFIDAVIT re 77 MOTION to Certify Class and Appointment of Class Counsel , 74 MOTION for Summary Judgment Declaration of C. Nietzke by Plaintiffs Kathryn A. Price, Marilyn Wenman. (Attachments: # 1 Exhibit A) (Pecquet, Janet) (Entered: 01/16/2015)
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Jan. 16, 2015
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Jan. 16, 2015
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79
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AFFIDAVIT re 77 MOTION to Certify Class and Appointment of Class Counsel , 74 MOTION for Summary Judgment Declaration of K. Brod by Plaintiffs Kathryn A. Price, Marilyn Wenman. (Pecquet, Janet) (Entered: 01/16/2015)
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Jan. 16, 2015
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Jan. 16, 2015
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80
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AFFIDAVIT re 77 MOTION to Certify Class and Appointment of Class Counsel , 74 MOTION for Summary Judgment Declaration of K. Price by Plaintiffs Kathryn A. Price, Marilyn Wenman. (Attachments: # 1 Exhibit A and B) (Pecquet, Janet) (Entered: 01/16/2015)
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Jan. 16, 2015
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Jan. 16, 2015
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81
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AFFIDAVIT re 77 MOTION to Certify Class and Appointment of Class Counsel , 74 MOTION for Summary Judgment Declaration of M. Wenman by Plaintiffs Kathryn A. Price, Marilyn Wenman. (Attachments: # 1 Exhibit A) (Pecquet, Janet) (Entered: 01/16/2015)
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Jan. 16, 2015
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Jan. 16, 2015
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82
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AFFIDAVIT re 77 MOTION to Certify Class and Appointment of Class Counsel , 74 MOTION for Summary Judgment Declaration of K. Phillips by Plaintiffs Kathryn A. Price, Marilyn Wenman. (Attachments: # 1 Exhibit A through G) (Pecquet, Janet) (Entered: 01/16/2015)
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Jan. 16, 2015
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Jan. 16, 2015
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83
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AFFIDAVIT re 77 MOTION to Certify Class and Appointment of Class Counsel , 74 MOTION for Summary Judgment Declaration of R. Nielsen by Plaintiffs Kathryn A. Price, Marilyn Wenman. (Attachments: # 1 Exhibit A through C) (Pecquet, Janet) (Entered: 01/16/2015)
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Jan. 16, 2015
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Jan. 16, 2015
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84
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AFFIDAVIT re 77 MOTION to Certify Class and Appointment of Class Counsel Declaration of K. Cannon by Plaintiffs Kathryn A. Price, Marilyn Wenman. (Pecquet, Janet) (Entered: 01/16/2015)
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Jan. 16, 2015
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Jan. 16, 2015
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85
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AFFIDAVIT re 77 MOTION to Certify Class and Appointment of Class Counsel Declaration of A. Rich by Plaintiffs Kathryn A. Price, Marilyn Wenman. (Pecquet, Janet) (Entered: 01/16/2015)
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Jan. 16, 2015
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Jan. 16, 2015
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87
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AFFIDAVIT re 77 MOTION to Certify Class and Appointment of Class Counsel Declaration of A. Burke by Plaintiffs Kathryn A. Price, Marilyn Wenman. (Pecquet, Janet) (Entered: 01/16/2015)
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Jan. 16, 2015
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Jan. 16, 2015
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88
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AFFIDAVIT re 77 MOTION to Certify Class and Appointment of Class Counsel Declaration of J. Pecquet by Plaintiffs Kathryn A. Price, Marilyn Wenman. (Pecquet, Janet) (Entered: 01/16/2015)
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Jan. 16, 2015
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Jan. 16, 2015
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89
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MOTION for Summary Judgment by Defendants Director, Ohio Department of Aging, Medicaid Director, Office of Medical Assistance. Responses due by 2/9/2015 (Attachments: # 1 Exhibit Former OAC 173−38−03, # 2 Exhibit CMS Approval Letter, # 3 Exhibit 2011 Waiver Application, # 4 Exhibit Hobbs Affidavit, # 5 Exhibit Selected pages from Waiver instructions, # 6 Exhibit Redacted Hillegar Application, # 7 Exhibit Redacted Hilleger Case Note Report, # 8 Exhibit Selected pages from Periatt Depo, # 9 Exhibit Selected page of Jeter Depo, # 10 Exhibit Redacted Plaintiffs Response to First set of Admissions, # 11 Exhibit Redacted Saunders Case Note Report, # 12 Exhibit Redacted Suanders Application) (Hawkinson, Cheryl) (Entered: 01/16/2015)
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Jan. 16, 2015
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Jan. 16, 2015
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90
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NOTICE by Defendants Director, Ohio Department of Aging, Medicaid Director, Office of Medical Assistance of Manual Filing of Deposition Exhibits of Jeter and Periatt Under Seal (Hawkinson, Cheryl) (Entered: 01/16/2015)
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Jan. 16, 2015
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Jan. 16, 2015
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91
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AFFIDAVIT re 77 MOTION to Certify Class and Appointment of Class Counsel , 74 MOTION for Summary Judgment Declaration of Janet E. Pecquet with Redacted Exhibits A through AA by Plaintiffs Kathryn A. Price, Marilyn Wenman. (Attachments: # 1 Exhibit A through AA Redacted) (Pecquet, Janet) (Entered: 01/20/2015)
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Jan. 20, 2015
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Jan. 20, 2015
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92
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ORDER until further notice granting defendants' 67 Motion for leave to file exhibits of Davona Jeter and Lynn Periatt depositions' under Seal. Signed by Magistrate Judge Karen L. Litkovitz on 1/20/2015. (art) (Entered: 01/20/2015)
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Jan. 20, 2015
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Jan. 20, 2015
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94
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NOTICE of Filing by Plaintiffs Kathryn A. Price, Marilyn Wenman re 81 Affidavit, 88 Affidavit, 83 Affidavit, 78 Affidavit, 84 Affidavit, 80 Affidavit, 87 Affidavit, 91 Affidavit, 77 MOTION to Certify Class and Appointment of Class Counsel , 85 Affidavit, 79 Affidavit, 74 MOTION for Summary Judgment , 75 Affidavit, 76 Affidavit, 82 Affidavit, 86 Affidavit (Pecquet, Janet) Modified to clarify docket text on 1/22/2015 (jee1). (Entered: 01/21/2015)
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Jan. 21, 2015
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Jan. 21, 2015
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95
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NOTICE by Defendants Director, Ohio Department of Aging, Medicaid Director, Office of Medical Assistance re 89 MOTION for Summary Judgment signature page 33 of Defendants' Motion for Summary Judgment (Hawkinson, Cheryl) (Entered: 01/21/2015)
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Jan. 21, 2015
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Jan. 21, 2015
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96
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MOTION for Leave to File Excess Pages of Memorandum in Opposition to Defendants' Motion for Summary Judgment by Plaintiffs Kathryn A. Price, Marilyn Wenman. (Pecquet, Janet) (Entered: 02/19/2015)
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Feb. 19, 2015
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Feb. 19, 2015
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97
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MOTION to Seal Document Defendants' Motion to File Exhibit 4 of Hope Roberts' Deposition and Affidavit of Matthew Hobbs Under Seal by Defendants Director, Ohio Department of Aging, Medicaid Director, Office of Medical Assistance. (Hawkinson, Cheryl) (Entered: 02/19/2015)
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Feb. 19, 2015
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Feb. 19, 2015
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98
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NOTICE by Defendants Director, Ohio Department of Aging, Medicaid Director, Office of Medical Assistance Notice of Manual Filing of Exhibit 4 of Hope Roberts' Re−deposition and Affidaivt of Matthew Hobbs (Hawkinson, Cheryl) (Entered: 02/20/2015)
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Feb. 20, 2015
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Feb. 20, 2015
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99
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NOTICE by Defendants Director, Ohio Department of Aging, Medicaid Director, Office of Medical Assistance Defendants' Notice of Filing the Re−deposition of Hope Roberts and the Deposition of Matthew Hobbs (Attachments: # 1 Exhibit Hope Roberts' Re−deposition, # 2 Exhibit Matthew Hobbs' Deposition) (Hawkinson, Cheryl) (Entered: 02/20/2015)
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Feb. 20, 2015
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Feb. 20, 2015
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103
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MOTION Judicial Notice by Plaintiffs Kathryn A. Price, Marilyn Wenman. (Pecquet, Janet) (Entered: 02/20/2015)
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Feb. 20, 2015
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Feb. 20, 2015
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104
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RESPONSE in Opposition re 74 MOTION for Summary Judgment Defendants' Memorandum in Opposition to Plaintiffs' Motion for Summary Judgment filed by Defendants Director, Ohio Department of Aging, Medicaid Director, Office of Medical Assistance. (Hawkinson, Cheryl) (Entered: 02/20/2015)
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Feb. 20, 2015
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Feb. 20, 2015
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105
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RESPONSE in Opposition re 77 MOTION to Certify Class and Appointment of Class Counsel Defendants' Memorandum in Opposition to Plaintiffs' Motion and Memorandum for Class Certification and Appointment of Class Counsel filed by Defendants Director, Ohio Department of Aging, Medicaid Director, Office of Medical Assistance. (Attachments: # 1 Exhibit Exhibit 1 Affidavit of Matthew Hobbs Placeholder, # 2 Exhibit Excerpts of Roberts' Re−deposition) (Hawkinson, Cheryl) (Entered: 02/20/2015)
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Feb. 20, 2015
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Feb. 20, 2015
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106
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NOTATION ORDER granting plaintiff's 96 Motion for Leave to File memorandum in opposition to defendants' motion for summary judgment in Excess of (20) Pages. Signed by Magistrate Judge Karen L. Litkovitz on 2/20/2015. (art) (Entered: 02/20/2015)
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Feb. 20, 2015
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Feb. 20, 2015
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107
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ORDER granting defendants' 97 Motion for leave to file Exhibit 4 of Hope Roberts' deposition 110 and affidavit of Matthew Hobbs 101 under seal. Signed by Magistrate Judge Karen L. Litkovitz on 2/20/2015. (art) (Entered: 02/23/2015)
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Feb. 23, 2015
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Feb. 23, 2015
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