First Baptist Church et al v. Kelly et al
| Aaron Harris, Stephen Ormord, Calvary Baptist Church and First Baptist Church |
| Laura Kelly, David Weishaar, Daniel E. Jackson, Jr. and William Carr |
| Kansas Justice Institute |
| Kansas Interfaith Action |
| 6:2020cv01102 |
| April 16, 2020 |
| US District Court for the District of Kansas |
| Gwynne E Birzer |
| John W Broomes |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Filing 60 NOTICE OF VOLUNTARY DISMISSAL by All Plaintiffs (Langhofer, Tyson) |
| Civil Case Terminated per #60 Plaintiffs' Notice of Voluntary Dismissal Without Prejudice/JWB chambers.(mam) |
| Filing 59 AMICUS BRIEF re #11 MOTION to File Amicus Brief by Movant Kansas Justice Institute. (MacRoberts, Samuel) |
| Filing 58 AMICUS BRIEF in Support of Defendant by Amicus Kansas Interfaith Action. (Skepnek, William) |
| Filing 57 TRANSCRIPT of Status Conference held April 27, 2020 before Judge John W. Broomes, Court Reporter Jana McKinney, 316-315-4268, jana_mckinney@ksd.uscourts.gov. Transcript purchased by: Mr. P. Irigonegaray; Mr. T. Langhofer. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ksd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained from the court reporter or through PACER. Release of Transcript Restriction set for 7/27/2020. (jlm) |
Filing 56
ORDER granting #49 Motion for Order. The TRO previously entered #15 will remain in effect until May 16, 2020, unless it is sooner terminated by dismissal of the case or by further order of the court. Signed by District Judge John W. Broomes on 4/27/2020. (sz)
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Filing 55
MEMORANDUM AND ORDER denying #30 Motion to Dismiss for Lack of Jurisdiction; denying #36 Motion to Dismiss Party; denying #41 Motion to Modify. See Order for details. Signed by District Judge John W. Broomes on 4/27/2020. (sz)
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| Filing 54 NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Status Conference set for 5/5/2020 at 10:00 AM by Telephone before District Judge John W. Broomes. Counsel will be notified by e-mail of the dial in information. General public may dial (888) 363-4749, enter access code 7437782 and security code 3377. Parties as well as the general public are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings pursuant to United States District Court, District of Kansas Administrative Order 2020-6, as well as Local Rule 83.2.1.(jmr) |
| Filing 53 MINUTE ENTRY for proceedings held before District Judge John W. Broomes: STATUS CONFERENCE held on 4/27/2020. (Court Reporter Jana McKinney.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jmr) |
| Filing 52 ENTRY OF APPEARANCE by Kevin D. Case on behalf of Daniel E. Jackson, Jr. (Case, Kevin) |
| Filing 51 ENTRY OF APPEARANCE by Kevin D. Case on behalf of William Carr, Daniel E. Jackson, Jr. (Case, Kevin) |
| Filing 50 ENTRY OF APPEARANCE by Terrence J. Campbell on behalf of David Weishaar (Campbell, Terrence) |
| Filing 49 AGREED MOTION TO EXTEND TEMPORARY RESTRAINING ORDER AGAINST DEFENDANT GOVERNOR LAURA KELLY by Plaintiffs Calvary Baptist Church, First Baptist Church, Aaron Harris, Stephen Ormord. (referred to Magistrate Judge Gwynne E. Birzer) (Kriegshauser, Ryan) Modified on 4/27/2020 to change the motion type, re-titled. (mam) |
| Filing 48 NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Status Conference set for 4/27/2020 at 02:00 PM by Telephone before District Judge John W. Broomes. Counsel will be notified by e-mail of the dial in information. General public may dial (888) 363-4749, enter access code 7437782 and security code 9944. Parties as well as the general public are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings pursuant to United States District Court, District of Kansas Administrative Order 2020-6, as well as Local Rule 83.2.1.(jmr) |
| Filing 47 SUMMONS RETURNED EXECUTED -- Personal Service by Aaron Harris, First Baptist Church, Calvary Baptist Church, Stephen Ormord upon Daniel E. Jackson, Jr served on 4/22/2020, answer due 5/13/2020 (Langhofer, Tyson) Modified on 5/1/2020 to correct service and answer date(sz). |
| Filing 46 TRANSCRIPT of Status Conference held April 23, 2020 before Judge John W. Brooms, Court Reporter Jana McKinney, 316-315-4268, jana_mckinney@ksd.uscourts.gov. Transcript purchased by: Mr. Pedro Irigonegaray; Mr. Tyson Longhofer. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ksd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained from the court reporter or through PACER. Release of Transcript Restriction set for 7/22/2020. (jlm) |
| Filing 45 MINUTE ENTRY for proceedings held before District Judge John W. Broomes: STATUS CONFERENCE held on 4/23/2020. (Court Reporter Jana McKinney.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jmr) |
| Filing 44 SUMMONS RETURNED EXECUTED -- Personal Service by Aaron Harris, First Baptist Church, Calvary Baptist Church, Stephen Ormord upon William Carr served on 4/22/2020, answer due 5/13/2020 (Langhofer, Tyson) |
| Filing 43 RESPONSE by Plaintiffs Calvary Baptist Church, First Baptist Church, Aaron Harris, Stephen Ormord re #30 MOTION to Dismiss for Lack of Jurisdiction (Langhofer, Tyson) |
| Filing 42 NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Status Conference set for 4/23/2020 at 02:00 PM by Telephone before District Judge John W. Broomes. Counsel will be notified by e-mail of the dial in information. General public may dial (888) 363-4749, enter access code 7437782 and security code 8833. Parties as well as the general public are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings pursuant to United States District Court, District of Kansas Administrative Order 2020-6, as well as Local Rule 83.2.1.(jmr) |
| Filing 41 MOTION to Modify Expanding Temporary Restraining Order and to Request Expedited Hearing by Plaintiffs Calvary Baptist Church, First Baptist Church, Aaron Harris, Stephen Ormord (referred to Magistrate Judge Gwynne E. Birzer) (Kriegshauser, Ryan) |
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Filing 40
ORDER granting #35 Motion to Appear Pro Hac Vice of Ryan J. Tucker for Plaintiffs Calvary Baptist Church, First Baptist Church, Aaron Harris, and Stephen Ormord pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Gwynne E. Birzer on 4/22/20. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (adc)
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Filing 39
ORDER granting #34 Motion to Appear Pro Hac Vice of David A. Cortman for Plaintiffs Calvary Baptist Church, First Baptist Church, Aaron Harris, and Stephen Ormord pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Gwynne E. Birzer on 4/22/20. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (adc)
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Filing 38
ORDER granting #27 Motion to Appear Pro Hac Vice of Richard Brian Katskee for Kansas Interfaith Action pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Gwynne E. Birzer on 4/22/20. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (adc)
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Filing 37
ORDER granting #26 Motion to Appear Pro Hac Vice of Alexander Joseph Luchenitser for Kansas Interfaith Action pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Gwynne E. Birzer on 4/22/20. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (adc)
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| Filing 36 MOTION to Dismiss Party William Carr by Defendant Laura Kelly (Irigonegaray, Pedro) |
| Filing 35 MOTION for attorney Ryan J. Tucker to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5123728.) by Plaintiffs Calvary Baptist Church, First Baptist Church, Aaron Harris, Stephen Ormord (referred to Magistrate Judge Gwynne E. Birzer) (Attachments: #1 ECF Registration Form)(Langhofer, Tyson) |
| Filing 34 MOTION for attorney David A. Cortman to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5123720.) by Plaintiffs Calvary Baptist Church, First Baptist Church, Aaron Harris, Stephen Ormord (referred to Magistrate Judge Gwynne E. Birzer) (Attachments: #1 ECF Registration Form)(Langhofer, Tyson) |
| Filing 33 AMENDED COMPLAINT against All Defendants, filed by Aaron Harris, First Baptist Church, Calvary Baptist Church, Stephen Ormord. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Langhofer, Tyson) |
| Filing 32 (DISREGARD, filed under the wrong event.) -- AMENDED DOCUMENT by Calvary Baptist Church, First Baptist Church, Aaron Harris, Stephen Ormord. Amendment to #1 Complaint (attorney). (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Langhofer, Tyson) Modified on 4/22/2020, see #33 for the corrected filing. (mam) |
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Filing 31
ORDER granting #29 Motion to File Amicus Brief. Entered by District Judge John W. Broomes on 04/22/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jmr)
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| MOTION REFERRAL to Magistrate Judge REMOVED as to: #29 MOTION to File Amicus Brief . The motion will be resolved by the District Judge.(adc) |
| SUMMONS ISSUED as to William Carr, Daniel E. Jackson, Jr, David Weishaar. (issued to Attorney for service) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (sz) |
| Filing 30 MOTION to Dismiss for Lack of Jurisdiction by Defendant Laura Kelly (Irigonegaray, Pedro) |
| Filing 29 MOTION to File Amicus Brief by Amicus Kansas Interfaith Action (Attachments: #1 Exhibit Brief of Kansas Interfaith Action as Amicus Curiae in Support of Defendant)(Skepnek, William) Modified on 4/22/2020 to remove referral information (sz). |
| Filing 28 CORPORATE DISCLOSURE STATEMENT by Kansas Interfaith Action identifying None as corporate parent (Skepnek, William) |
| Filing 27 MOTION for attorney Richard Brian Katskee to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5122891.) by Amicus Kansas Interfaith Action (referred to Magistrate Judge Gwynne E. Birzer) (Attachments: #1 ECF Registration Form)(Skepnek, William) (Additional attachment(s) added on 4/22/2020: #2 Ink Signed Affidavit) (gw). |
| Filing 26 MOTION for attorney Alexander Joseph Luchenitser to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5122889.) by Amicus Kansas Interfaith Action (referred to Magistrate Judge Gwynne E. Birzer) (Attachments: #1 ECF Registration Form)(Skepnek, William) (Additional attachment(s) added on 4/22/2020: #2 Ink Signed Affidavit) (gw). |
| Filing 25 TRANSCRIPT of Status Conference held April 21, 2020 before Judge John W. Broomes, Court Reporter Jana McKinney, 316-315-4268, jana_mckinney@ksd.uscourts.gov. Transcript purchased by: Mr. Pedro Irigonegaray and Mr. Tyson Longhofer. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ksd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained from the court reporter or through PACER. Release of Transcript Restriction set for 7/20/2020. (jlm) |
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Filing 24
ORDER. With the agreement of counsel, the court adopts the following briefing schedule. Defendant shall have until noon on April 23, 2020, to file a motion to dismiss and brief addressing the jurisdictional issue; Plaintiff shall have until 5:00 p.m. on April 24, 2020 to file a response; and Defendant shall have until 5:00 p.m. on April 25, 2020, to file a reply. The preliminary injunction hearing previously scheduled for April 23, 2020, is postponed pending further order of the court. The TRO previously issued #15 remains in effect. See Order for further details. Signed by District Judge John W. Broomes on 4/21/2020. (sz)
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| Filing 23 MINUTE ENTRY for proceedings held before District Judge John W. Broomes: STATUS CONFERENCE held on 4/21/2020. (Court Reporter Jana McKinney.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jmr) |
| Filing 22 NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Status Conference set for 4/21/2020 at 10:00 AM by Telephone before District Judge John W. Broomes. Counsel will be notified by e-mail of the dial in information.(jmr) |
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Filing 21
ORDER granting #19 Motion for Brief Scheduling Order. Plaintiff's brief deadline is Tuesday, April 21, 2020, at 5:00 p.m.; Defendant's brief deadline is Wednesday, April 22, 2020, at 11:00 a.m.; and Plaintiff's reply brief deadline is 5:00 p.m. on Wednesday, April 22, 2020. Defendant's request for the Court to modify its order from an in-person hearing to a telephonic hearing is denied. Entered by District Judge John W. Broomes on 04/20/20. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jmr)
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| Filing 20 MOTION for Order Motion for Telephonic Hearing by Defendant Laura Kelly (Irigonegaray, Pedro) Modified on 4/21/2020 to remove referral information (sz). |
| Filing 19 MOTION for Brief-Scheduling Order by Defendant Laura Kelly. (Irigonegaray, Pedro) Modified on 4/21/2020 to remove referral information. (mam) |
| Filing 18 ENTRY OF APPEARANCE by Lumen Mulligan on behalf of Laura Kelly. (Irigonegaray, Pedro) Modified on 4/20/2020 to change the attorney. (mam) |
| Filing 17 ENTRY OF APPEARANCE by Pedro L. Irigonegaray on behalf of Laura Kelly (Irigonegaray, Pedro) |
| MOTION REFERRAL to Magistrate Judge REMOVED as to: #20 MOTION for Order Motion for Telephonic Hearing. The motion will be resolved by the District Judge.(adc) |
| MOTION REFERRAL to Magistrate Judge REMOVED as to: #19 MOTION for Order Brief-Scheduling Order. The motion will be resolved by the District Judge.(adc) |
| Filing 16 NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Preliminary Injunction Hearing set for 4/23/2020 at 09:00 AM in Wichita Courtroom 238 (JWB) before District Judge John W. Broomes. (jmr) |
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Filing 15
TEMPORARY RESTRAINING ORDER. It is therefore ordered that The Hon. Laura Kelly, in her capacity as Governor of the State of Kansas, is hereby enjoined and ordered to refrain from enforcing the prohibition in Executive Order No. 20-18 and Executive Order 20-25 prohibiting religious gatherings involving more than ten attendees, conducted by Plaintiffs First Baptist Church of Dodge City, Kansas, and Calvary Baptist Church of Junction City, Kansas, so long as those gatherings comply with the social distancing and public health protocols Plaintiffs have indicated in their complaint they are prepared to apply. This order shall expire no later than May 2, 2020, unless extended by the court for good cause. The matter is hereby scheduled for a preliminary injunction hearing on April 23, 2020, at 9:00 a.m., in Courtroom 238, U.S. Courthouse, 401 N. Market, Wichita, Kansas. Signed by District Judge John W. Broomes on 4/18/2020. (sz)
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Filing 14
MEMORANDUM AND ORDER granting #7 Motion for TRO; denying #9 Motion to Dismiss for Failure to State a Claim. The court will file a separate order containing the terms of the TRO. A hearing on Plaintiffs' request for a preliminary injunction is scheduled for April 23, 2020, at 9:00 a.m. Signed by District Judge John W. Broomes on 4/18/2020. (sz)
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Filing 12
ORDER granting #11 Motion to File Amicus Brief. Entered by District Judge John W. Broomes on 04/18/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jmr)
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| Filing 13 MINUTE ENTRY for proceedings held before District Judge John W. Broomes: MOTION HEARING held on 4/17/2020 re #7 MOTION for Temporary Restraining Order and Expedited Hearing/MOTION for Hearing filed by First Baptist Church, Calvary Baptist Church, Stephen Ormord and Aaron Harris. Matter taken under advisement. Written Order to follow. (Court Reporter Jana McKinney.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jmr) |
| Filing 11 MOTION for Leave to File Amicus Brief by Movant Kansas Justice Institute. (referred to Magistrate Judge Gwynne E. Birzer) (Attachments: #1 Exhibit 1, #2 Exhibit 2) (mam) |
| Filing 10 NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING #7 Motion for Temporary Restraining Order and Expedited Hearing. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Motion Hearing set for 4/17/2020 at 04:00 PM by Telephone before District Judge John W. Broomes. Counsel will be notified by e-mail of the dial in information. General public may dial (888) 363-4749, enter access code 7437782 and security code 1122. Parties as well as the general public are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings pursuant to United States District Court, District of Kansas Administrative Order 2020-6, as well as Local Rule 83.2.1. (jmr) |
| Filing 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Laura Kelly. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Irigonegaray, Pedro) |
| Filing 8 CIVIL COVER SHEET by Plaintiffs Calvary Baptist Church, First Baptist Church, Aaron Harris, Stephen Ormord. (Langhofer, Tyson) |
| Filing 7 MOTION FOR EXPEDITED HEARING AND MOTION FOR TEMPORARY RESTRAINING ORDER by Plaintiffs Calvary Baptist Church, First Baptist Church, Aaron Harris, Stephen Ormord. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Langhofer, Tyson). Added Motion for Hearing on 4/17/2020, title changed. (mam) |
| SUMMONS ISSUED as to Laura Kelly (issued to Attorney for service). (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (jk) |
| NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge John W. Broomes and Magistrate Judge Gwynne E. Birzer for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jk) |
| Filing 6 AMENDED ENTRY OF APPEARANCE by Calvary Baptist Church, First Baptist Church, Aaron Harris, Stephen Ormord. Amendment to #5 Entry of Appearance. (Kriegshauser, Ryan) Modified on 4/17/2020 to retitle. (mam) |
| Filing 5 (DISREGARD, see #6 ) -- ENTRY OF APPEARANCE by Ryan A. Kriegshauser on behalf of All Plaintiffs. (Kriegshauser, Ryan) Modified on 4/17/2020, document amended at #6 . (mam) |
| Filing 4 ENTRY OF APPEARANCE by Joshua A. Ney on behalf of All Plaintiffs (Ney, Joshua) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT by First Baptist Church. (Langhofer, Tyson) Modified on 4/17/2020 to correct the filers. (mam) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT by Calvary Baptist Church. (Langhofer, Tyson) Modified on 4/17/2020 to correct the filers. (mam) |
| Filing 1 COMPLAINT with trial location of Wichita (Filing fee $400, Internet Payment Receipt Number AKSDC-5119124.), filed by Aaron Harris, Calvary Baptist Church, First Baptist Church, Stephen Ormord. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Langhofer, Tyson) |
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