Garcia et al v. Center, Town of et al
| Mike Garcia, Susan M. Banning, Rosalie Fernandez, Mona Garcia, Julio Paez, Renee E. Olmos, Patrick Ulibarri, Teresa Benns, Diana Twite, Jhonathon Cortez and Vail Twite |
| Center, Town of, Bill (I) McClure, Bill McClure, Mary McClure, Adeline Sanchez, Jennie Sanchez, Ed Garcia, Adeline (I) Sanchez and Ed (I) Garcia |
| 1:2008cv01224 |
| June 9, 2008 |
| US District Court for the District of Colorado |
| Civil Rights: Voting Office |
| Saguache |
| Richard P Matsch |
| Civil Rights: Voting |
| 28 U.S.C. § 1441 Petition for Removal- Civil Rights Act |
| Defendant |
Docket Report
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This docket was last retrieved on June 18, 2010. A more recent docket listing may be available from PACER.
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Filing 69
ORDER for Dismissal With Prejudice. Each party to pay their own attorneys fees and costs by Judge Richard P. Matsch on 06/18/10. (jjh, )
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| Filing 68 STIPULATION of Dismissal of Case With Prejudice by Defendants Center, Town of, Bill McClure. (McDonald, Meredith) |
| Filing 67 Minute Entry - Courtroom Minutes for Motions Hearing held on 5/14/2010 before Judge Richard P. Matsch. ORDERED: Motion to Disqualify Counsel, filed May 12, 2010 #64 , is withdrawn. Counsel shall file stipulation for dismissal re: #52 Motion for Summary JudgmenT. (Reporter FTR - K. Terasaki) (rpmcd ) Modified on 5/19/2010 to correct spelling error (jjh, ). |
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Filing 66
ORDER Setting Hearing on #64 MOTION to Disqualify Counsel for Conflict of Interest for 5/14/2010 at 11:00 AM in Courtroom A, re #65 Emergency MOTION for Hearing terminated, signed by Judge Richard P. Matsch on 5/13/2010. (rpmcd)
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| Filing 65 Emergency MOTION for Hearing/Conference re #64 MOTION to Disqualify Counsel for Conflict of Interest, #63 Order Setting Hearing on Motion by Defendants Center, Town of, Bill McClure. (McDonald, Meredith) |
| Filing 64 WITHDRAWN MOTION to Disqualify Counsel for Conflict of Interest by Plaintiffs Susan M. Banning, Teresa Benns, Jhonathon Cortez, Rosalie Fernandez, Mike Garcia, Mona Garcia, Renee E. Olmos, Julio Paez, Diana Twite, Vail Twite. (Attachments: #1 Exhibit A)(Hobbs, Matthew) Modified on 5/17/2010 withdrawn pursaunt to doc #67 (jjh, ). |
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Filing 63
Minute ORDER Setting Hearing on #52 MOTION for Summary Judgment for 5/14/2010 at 11:00 AM in Courtroom A by Judge Richard P. Matsch on 4/16/2010. (rpmcd)
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| Filing 62 NOTICE of Change of Address and Firm for Plaintiffs' Attorney by Matthew Kirk Hobbs (Hobbs, Matthew) |
| Filing 61 REPLY to Response to #52 MOTION for Summary Judgment and Memorandum Brief filed by Defendants Center, Town of, Bill McClure. (Attachments: #1 Exhibit V, #2 Exhibit W, #3 Exhibit X, #4 Exhibit Y, #5 Exhibit Z, #6 Exhibit AA, #7 Exhibit BB, #8 Exhibit CC, #9 Exhibit DD, #10 Exhibit EE, #11 Exhibit FF, #12 Exhibit GG, #13 Exhibit HH)(McDonald, Meredith) |
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Filing 60
ORDER Granting #59 Defendants' Motion for Enlargement of Time to File Reply in Support of #52 Motion for Summary Judgment to and including June 24, 2009. Signed by Judge Richard P. Matsch on 6/15/2009.(rpmcd)
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| Filing 59 Unopposed MOTION for Extension of Time to File Response/Reply as to #52 MOTION for Summary Judgment and Memorandum Brief by Defendants Center, Town of, Bill McClure. (Attachments: #1 Proposed Order (PDF Only))(McDonald, Meredith) |
| Filing 58 RESPONSE to #52 MOTION for Summary Judgment and Memorandum Brief filed by Plaintiffs Mona Garcia, Julio Paez, Vail Twite, Renee E. Olmos, Patrick Ulibarri, Mike Garcia, Teresa Benns, Diana Twite, Jhonathon Cortez, Susan M. Banning, Rosalie Fernandez. (Attachments: #1 Exhibit Exhibit 1 - McClure Response to Interrogatories, #2 Exhibit Exhibit 2 - Trial Transcript Volume 5, #3 Exhibit Exhibit 3 - Photo Bulletin Board, #4 Exhibit Exhibit 4 - Trial Transcript Volume 4, #5 Exhibit Exhibit 5 - Photo Town Hall, #6 Exhibit Exhibit 6 - Center Town Board Meeting Minutes, #7 Exhibit Exhibit 7 - Trial Transcript Volume 3, #8 Exhibit Exhibit 8 - Voter Registrations, #9 Exhibit Exhibit 9 - George Welsh e-mail, #10 Exhibit Exhibit 10 Peggy Martinez's notes, #11 Exhibit Exhibit 11 - Instructions to Judges, #12 Exhibit Exhibit 12 - Trial Transcript Volume 2, #13 Exhibit Exhibit 13 - Ballots, #14 Exhibit Exhibit 14 - Twite's Ballots, #15 Exhibit Exhibit 15 - Hobbs Affidavit, #16 Exhibit Exhibit 16 - Trial Transcript Volume 6)(Hobbs, Matthew) |
| Filing 57 Docket Annotation re: #56 Order on Motion for Extension of Time to File Response/Reply. Modified to correct PDF document. Text only entry - no document attached (jjh, ) (jjh, ). |
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Filing 56
ORDER granting #54 Motion for Extension of Time to File Response to Summary Judgment Motion by 06/02/09 by Judge Richard P. Matsch on 05/27/09.(jjh, ) (Correct pdf added on 6/1/2009: #1 Main Document) (gms, ). Modified on 6/1/2009 to add correct pdf (gms, ).
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Filing 55
ORDER denying #53 Motion Requesting a Status Conference by Judge Richard P. Matsch on 05/27/09.(jjh, )
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| Filing 54 Unopposed MOTION for Extension of Time to File Response/Reply as to #52 MOTION for Summary Judgment and Memorandum Brief by Plaintiffs Mona Garcia, Julio Paez, Vail Twite, Renee E. Olmos, Mike Garcia, Teresa Benns, Diana Twite, Jhonathon Cortez, Susan M. Banning, Rosalie Fernandez. (Attachments: #1 Proposed Order (PDF Only) Enlargement of Time)(Hobbs, Matthew) |
| Filing 53 Joint MOTION for Hearing/Conference Requesting a Status Conference by Plaintiffs Mona Garcia, Julio Paez, Vail Twite, Renee E. Olmos, Mike Garcia, Teresa Benns, Diana Twite, Jhonathon Cortez, Susan M. Banning, Rosalie Fernandez. (Attachments: #1 Proposed Order (PDF Only) Notice of Status Conference)(Hobbs, Matthew) |
| Filing 52 MOTION for Summary Judgment and Memorandum Brief by Defendants Center, Town of, Bill McClure. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Exhibit Exhibit K, #12 Exhibit Exhibit L, #13 Exhibit Exhibit M, #14 Exhibit Exhibit N, #15 Exhibit Exhibit O, #16 Exhibit Exhibit P, #17 Exhibit Exhibit Q Part 1, #18 Exhibit Exhibit Q Part 2, #19 Exhibit Exhibit Q Part 3, #20 Exhibit Exhibit R, #21 Exhibit Exhibit S, #22 Exhibit Exhibit T, #23 Exhibit Exhibit U)(McDonald, Meredith) |
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Filing 51
ORDER Granting #50 Defendants' Unopposed Motion for Enlargement of Time to File Motion for Summary Judgment to May 7, 2009. Signed by Judge Richard P. Matsch on 4/28/2009.(rpmcd)
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| Filing 50 Unopposed MOTION For Extension of Time to File Motion for Summary Judgment by Defendants Center, Town of, Bill (I) McClure. (Attachments: #1 Proposed Order (PDF Only))(McDonald, Meredith) |
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Filing 49
ORDER granting #48 Motion to Amend Caption. Ordered that Mary McClure, Jennie Sanchez, Patrick Ulibarri, Ed Garcia, and Adeline Sanchez are removed from the case caption for further proceedings, including accuracy of any judgment or other orders that may enter by Judge Richard P. Matsch on 04/13/09.(jjh, )
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| Filing 48 Stipulated MOTION to Amend/Correct/Modify Case Caption by Plaintiffs Mona Garcia, Julio Paez, Vail Twite, Renee E. Olmos, Patrick Ulibarri, Mike Garcia, Teresa Benns, Diana Twite, Jhonathon Cortez, Susan M. Banning, Rosalie Fernandez. (Attachments: #1 Proposed Order (PDF Only))(Hobbs, Matthew) |
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Filing 47
ORDER granting #46 Motion to Dismiss Party With Prejudice of Defendants Adeline Sanchez and Ed Garcia and for Dismissal, Without Prejudice, of Plaintiffs' Sixth Claim for Relief Conspiracy to Violate Civil Rights, of Their Second Amended Complaint. Each party to pay their own costs and attorneys fees by Judge Richard P. Matsch on 04/08/09.(jjh, )
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| Filing 46 Stipulated MOTION to Dismiss Party Defendants Adeline Sanchez and Ed Garcia, with Prejudice, and Stipulated Motion to Dismiss Plaintiffs' Sixth Claim for Relief, 42 U.S.C. Section 1983 Conspiracy to Violate Civil Rights, of Their Second Amended Complaint, Without Prejudice by Defendants Adeline Sanchez, Ed Garcia, Bill McClure, Counter Claimant Center, Town of. (Attachments: #1 Proposed Order (PDF Only))(McDonald, Meredith) |
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Filing 45
ORDER to Comply with D.C.COLO.LCivR 7.2 as to any information to be submitted under seal based on the #44 Protective Order. Signed by Judge Richard P. Matsch on 4/3/2009. (rpmcd)
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Filing 44
Stipulated PROTECTIVE ORDER re #42 . Signed by Judge Richard P. Matsch on 4/3/2009. (rpmcd)
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Filing 43
ORDER for Dismissal of Plaintiff Patrick Ulibarri's Claims Against Defendants Town of Center, Bill McMclure, Adeline Sanchez and Ed Garcia. Each party to pay their own costs and attorneys' fees by Judge Richard P. Matsch on 04/03/09. (jjh, )
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| Filing 42 STIPULATION for Protective Order by Plaintiffs Mona Garcia, Julio Paez, Vail Twite, Renee E. Olmos, Patrick Ulibarri, Mike Garcia, Teresa Benns, Diana Twite, Jhonathon Cortez, Susan M. Banning, Rosalie Fernandez. (Hobbs, Matthew) |
| Filing 41 STIPULATION of Dismissal of Party Patrick Ulibarri by Plaintiffs Mona Garcia, Julio Paez, Vail Twite, Renee E. Olmos, Patrick Ulibarri, Mike Garcia, Teresa Benns, Diana Twite, Jhonathon Cortez, Susan M. Banning, Rosalie Fernandez. (Hobbs, Matthew) |
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Filing 40
ORDER for Dismissal of Mary Mcclure and Jennie Sanchez Only without Prejudice. Each party to pay their own costs and attorneys' fees by Judge Richard P. Matsch on 03/19/09. (jjh, )
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| Filing 39 STIPULATION of Dismissal of Party Mary McClure and Jennie Sanchez by Defendants Mary McClure, Jennie Sanchez. (Klingsporn, Geoffrey) |
| Filing 38 ANSWER to #29 Amended Complaint, by Jennie Sanchez.(Rauchway, Jonathan) |
| Filing 37 ANSWER to #29 Amended Complaint, by Mary McClure.(Klingsporn, Geoffrey) |
| Filing 36 ANSWER to #29 Amended Complaint, by Adeline Sanchez(in her capacity as Mayor for the Town of Center), Ed Garcia, Center, Town of, Bill McClure.(McDonald, Meredith) |
| Filing 35 NOTICE of Entry of Appearance by Geoffrey Charles Klingsporn on behalf of Mary McClure, Jennie Sanchez (Klingsporn, Geoffrey) |
| Filing 34 NOTICE of Entry of Appearance by Jonathan William Rauchway on behalf of Mary McClure, Jennie Sanchez (Rauchway, Jonathan) |
| Filing 33 SUMMONS Returned Executed by all plaintiffs. Ed Garcia(in his capacity as Trustee and Assistant Town Clerk for the Town of Center) served on 12/8/2008, answer due 12/29/2008; Ed Garcia served on 12/8/2008, answer due 12/29/2008. (Hobbs, Matthew) |
| Filing 32 SUMMONS Returned Executed by all plaintiffs. Jennie Sanchez served on 12/10/2008, answer due 12/30/2008. (Hobbs, Matthew) |
| Filing 31 SUMMONS Returned Executed by all plaintiffs. Mary McClure served on 12/8/2008, answer due 12/29/2008. (Hobbs, Matthew) |
| Filing 30 SUMMONS Returned Executed by all plaintiffs. Adeline Sanchez(in her capacity as Mayor for the Town of Center) served on 12/8/2008, answer due 12/29/2008; Adeline Sanchez served on 12/8/2008, answer due 12/29/2008. (Hobbs, Matthew) |
| Filing 29 Second AMENDED COMPLAINT against Mary McClure, Adeline Sanchez, Adeline Sanchez, Jennie Sanchez, Ed Garcia, Ed Garcia, Center, Town of, Bill (I) McClure, Bill McClure, filed by Mona Garcia, Julio Paez, Vail Twite, Renee E. Olmos, Patrick Ulibarri, Mike Garcia, Teresa Benns, Diana Twite, Jhonathon Cortez, Susan M. Banning, Rosalie Fernandez.(jjh, ) |
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Filing 28
ORDER granting #27 Motion to Amend Complaint. Ordered that the motion is granted and the Second Amended Complaint attached thereto is deemed filed. Signed by Judge Richard P. Matsch on 12/04/08.(jjh, )
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| Filing 27 Amended MOTION to Amend/Correct/Modify 6 Amended Complaint, by Plaintiff Mike Garcia. (Attachments: #1 Proposed Document Second Amended Complaint)(Hobbs, Matthew) |
| Filing 26 Unopposed MOTION to Amend/Correct/Modify Complaint and Join Parties by Plaintiff Mike Garcia. (Hobbs, Matthew) |
| Filing 25 Tendered AMENDED COMPLAINT Second Amended Complaint against Bill (I) McClure, filed by Mike Garcia.(Hobbs, Matthew) Modified on 10/31/2008 to add the word Tendered in front of Amended Complaint (jjh, ). |
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Filing 24
ORDER granting #23 Motion to Amend Caption. Val Twite in the caption of this action be amended to read: VAIL TWITE. Signed by Judge Richard P. Matsch on 09/30/08.(jjh, )
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| Filing 23 Unopposed MOTION to Amend/Correct/Modify 6 Amended Complaint, Caption by Plaintiff Mike Garcia. (Hobbs, Matthew) |
| Filing 22 Minute Entry for proceedings held before Judge Richard P. Matsch: Scheduling Conference held on 9/3/2008. Ordered: Scheduling Order approved. (Court Reporter FTR-Kathy Terasaki.) (jjh, ) |
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Filing 21
SCHEDULING ORDER: Discovery due by 3/31/2009. Dispositive Motions due by 4/30/2009. Signed by Judge Richard P. Matsch on 09/03/08. (jjh, )
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| Filing 20 Conventionally Submitted Material Chain of Custody Form and Exhibits from the Trial before State Court Judge Gonzalez by Defendant Center, Town of Text Only Entry - No Document Attached (jjh, ) |
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Filing 19
ORDER denying Plaintiffs' #18 Motion for Relief From Order. Signed by Judge Richard P. Matsch on 07/23/08.(jjh, )
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| Filing 18 MOTION for Reconsideration re #13 Order on Motion to Remand to State Court by Plaintiffs Mona Garcia, Julio Paez, Renee E. Olmos, Patrick Ulibarri, Mike Garcia, Teresa Benns, Diana Twite, Jhonathon Cortez, Susan M. Banning, Rosalie Fernandez. (Attachments: #1 Exhibit Exhibit A)(Hobbs, Matthew) |
| Filing 17 Conventionally Submitted Material: Transcript of State Court trial by Defendant Center, Town of. Text Only Entry - No Document Attached (jjh, ) |
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Filing 16
ORDER granting #15 Motion to Withdraw as Co-Counsel of Record for Plaintiffs. Attorney Barbara A. Zollars has no further responsibility as counsel. Signed by Judge Richard P. Matsch on 7/16/08.(gms, )
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| Filing 15 MOTION to Withdraw as Attorney by Plaintiffs Mona Garcia, Julio Paez, Renee E. Olmos, Patrick Ulibarri, Mike Garcia, Teresa Benns, Diana Twite, Jhonathon Cortez, Susan M. Banning, Rosalie Fernandez. (Attachments: #1 Proposed Order)(jjh, ) |
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Filing 14
ORDER Setting Scheduling Conference for 9/3/2008 at 10:00 AM in Conference Room before Judge Richard P. Matsch. Proposed order (original only) on paper, shall be submitted directly to chambers by 4:00 p.m. on August 22, 2008. Signed by Judge Richard P. Matsch on 7/9/2008. (rpmcd)
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Filing 13
ORDER denying Plaintiffs' #10 Motion to Remand to State Court. Signed by Judge Richard P. Matsch on 07/09/08.(jjh, )
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| Filing 12 RESPONSE to Motion re #10 MOTION to Remand to State Court filed by Defendants Center, Town of, Bill (I) McClure, Bill McClure. (McDonald, Meredith) |
| Filing 11 Defendants' ANSWER to Complaint (Amended) by Center, Town of, Bill McClure.(McDonald, Meredith) |
| Filing 10 MOTION to Remand to State Court by Plaintiffs Mona Garcia, Julio Paez, Renee E. Olmos, Patrick Ulibarri, Mike Garcia, Teresa Benns, Diana Twite, Jhonathon Cortez, Susan M. Banning, Rosalie Fernandez. (Hobbs, Matthew) |
| Filing 9 CERTIFICATE of Mailing/Service by Defendants Center, Town of, Bill McClure. (Attachments: #1 Exhibit)(Overturf, Mark) |
| Filing 8 Utility Setting Deadlines. Pursuant to 6/10/2008 Minute Order #7 : Center, Town of answer due 6/27/2008; Bill (I) McClure answer due 6/27/2008; Bill McClure answer due 6/27/2008 (Text only entry - no document attached). (rpmcd) |
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Filing 7
Minute ORDER Granting Unopposed #1 Motion for Enlargement of Time to File Responsive Pleading to and including June 27, 2008, by Judge Richard P. Matsch on 6/10/2008.(rpmcd)
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| Filing 1 Unopposed MOTION For Extension of Time to File Responsive Pleading by Defendants Center, Town of, Bill McClure. (Attachments: #1 Proposed Order (PDF Only))(McDonald, Meredith) |
| Filing 6 State Court AMENDED COMPLAINT against Center, Town of, Bill (I) McClure, Bill McClure, filed by Mona Garcia, Julio Paez, Renee E. Olmos, Patrick Ulibarri, Mike Garcia, Teresa Benns, Diana Twite, Jhonathon Cortez, Susan M. Banning, Rosalie Fernandez. Text only entry - no document attached.(llk, ) |
| Filing 5 State Court AMENDED ANSWER to 3 Complaint, by Defendants Center, Town of, Bill (I) McClure, Bill McClure. Text only entry - no document attached. (llk, ) |
| Filing 4 State Court ANSWER to 3 Complaint, COUNTERCLAIM against Mona Garcia, Julio Paez, Renee E. Olmos, Patrick Ulibarri, Mike Garcia, Teresa Benns, Diana Twite, Jhonathon Cortez, Susan M. Banning, Rosalie Fernandez by Center, Town of, Bill (I) McClure, Bill McClure. Text only entry - no document attached.(llk, ) |
| Filing 3 State Court Verified COMPLAINT against Center, Town of, Bill (I) McClure, Bill McClure, filed by Mona Garcia, Julio Paez, Renee E. Olmos, Patrick Ulibarri, Mike Garcia, Teresa Benns, Diana Twite, Jhonathon Cortez, Susan M. Banning, Rosalie Fernandez. Text only entry - no document attached.(llk, ) |
| Filing 2 NOTICE OF REMOVAL from Saguache, Case Number 2008CV13. ( Filing fee $ 350 Receipt Number COX010514), filed by Center, Town of, Bill (I) McClure, Bill McClure. (Attachments: #1 Exh A-B to Notice, #2 Doc 1, #3 Doc 2, #4 Doc 3, #5 Doc 4, #6 Doc 5, #7 Doc 6, #8 Doc 7, #9 Doc 8, #10 Doc 9, #11 Doc 10, #12 Doc 11, #13 Doc 12, #14 Doc 13, #15 Doc 14, #16 Doc 15, #17 Doc 16, #18 Doc 17, #19 Doc 18, #20 Doc 19, #21 Doc 20, #22 Doc 21, #23 Doc 22, #24 Doc 23, #25 Doc 24, #26 Doc 25, #27 Doc 26, #28 Doc 27, #29 Doc 28, #30 Doc 29, #31 Doc 30, #32 Doc 31, #33 Doc 32, #34 Doc 33, #35 Doc 34, #36 Doc 35, #37 Doc 36, #38 Doc 37, #39 Index, #40 Civil Cover Sheet, #41 Supplemental Civil Cover Sheet, #42 Receipt)(llk, ) |
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