National Federation of the Blind of Virginia et al v. Virginia Department Of Corrections et al
| National Federation of the Blind of Virginia, Nacarlo Antonio Courtney, William Landrum Hajacos, Michael McCann, Wilbert Green Rogers, Kevin Muhammad Shabazz, Patrick Shaw and William Stravitz |
| Virginia Department Of Corrections, Harold Clarke, Barry Marano, Kevin Punturi, Darrell Miller, Tammy Williams, Lane Talbott, Lakeisha Shaw, Larry Edmonds, Officer D. Smith, Armor Correctional Health Services, Inc., VitalCore Health Strategies, Vincent Gore, M.D., Alvin Harris, M.D., Nurse Cynthia Lester, Pranay Gupta, M.D. and Virginia Information Technologies Agency |
| 3:2023cv00127 |
| February 15, 2023 |
| US District Court for the Eastern District of Virginia |
| Henry E Hudson |
| Civil Rights: Americans with Disabilities - Other |
| 28 U.S.C. § 1331 Fed. Question: Civil Rights Violation |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 15, 2024. A more recent docket listing may be available from PACER.
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Filing 45
First MOTION to Dismiss Plaintiffs' Complaint by VitalCore Health Strategies. (Attachments: #1 Memorandum in Support of Motion to Dismiss, #2 Proposed Order)(Cannon, Gloria)
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Filing 44
Memorandum in Opposition re #42 MOTION to Dismiss filed by William Stravitz. (Hill, Eve)
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Filing 43
Memorandum in Support re #42 MOTION to Dismiss filed by Pranay Gupta, M.D.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Warden, Michelle)
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Filing 42
MOTION to Dismiss by Pranay Gupta, M.D.. (Warden, Michelle)
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Filing 41
NOTICE of Voluntary Dismissal of Their Claims Against Defendant Virginia Information Technologies Agency by Nacarlo Antonio Courtney, William Landrum Hajacos, Michael McCann, National Federation of the Blind of Virginia, Wilbert Green Rogers, Kevin Muhammad Shabazz, Patrick Shaw, William Stravitz (Hill, Eve). Modified on 3/29/2023. (sbea)
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Notice of Correction re: #38 NOTICE; the filing attorney's login does not match the signature on the Notice. The filing attorney must re-file the document with the filing attorney's signature block, or the attorney whose signature blockappears on the document must re-file the document. (sbea)
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Filing 40
ORDER re Plaintiffs' #38 Notice of Voluntary Dismissal of their Claims Against Defendant Virginia Information Technologies Agency filed pursuant to Federal Rules of Civil Procedure 4l(a)(l)(A)(i). It is HEREBY ORDERED that this action is DISMISSED as to Defendant Virginia Information Technologies Agency. Signed by District Judge Henry E. Hudson on 3/28/2023. (jsmi, )
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Filing 39
WAIVER OF SERVICE Returned Executed by Patrick Shaw, Nacarlo Antonio Courtney, National Federation of the Blind of Virginia, Kevin Muhammad Shabazz, William Landrum Hajacos, William Stravitz, Michael McCann, Wilbert Green Rogers. Vincent Gore, M.D. waiver sent on 3/16/2023, answer due 5/15/2023. (Hill, Eve)
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Filing 38
DISREGARD - See ECF No. #41 NOTICE by Nacarlo Antonio Courtney, William Landrum Hajacos, Michael McCann, National Federation of the Blind of Virginia, Wilbert Green Rogers, Kevin Muhammad Shabazz, Patrick Shaw, William Stravitz of Voluntary Dismissal of Their Claims Against Defendant Virginia Information Technologies Agency (Hill, Eve). Modified on 3/29/2023. (sbea)
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Filing 37
NOTICE of Appearance by Kenneth T Roeber on behalf of Pranay Gupta, M.D. (Roeber, Kenneth)
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Filing 36
ORDER (Granting Motion for Extension of Time) - THIS MATTER is before the Court on Defendant VitalCore Health Strategies' ("Defendant Vital Core") Consent Motion for Extension of Time to File a Responsive Pleading ("Motion," ECF No. 34). Defendant VitalCore was served with Plaintiffs' Complaint on February 24, 2023, requiring an answer by March 17, 2023. Defendant VitalCore is seeking a twenty-eight (28) day extension to file a response. Upon due consideration, and there being good cause, the Motion is GRANTED. Defendant Vital Core shall have twenty-eight (28) days from the date of this Order to file a responsive pleading. Signed by District Judge Henry E. Hudson on 3/20/2023. (smej, )
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Filing 35
Financial Interest Disclosure Statement (Local Rule 7.1) by VitalCore Health Strategies. (Burns, Patrick)
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Filing 34
Consent MOTION for Extension of Time to File Response/Reply by VitalCore Health Strategies. (Burns, Patrick)
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Filing 33
ORDER that the Defendant's Armor Correctional Health Services, Inc., Vincent Gore, M.D., and Alvin Harris, M.D.'s Motion for Extension of Time #18 is GRANTED. Defendants shall file their responses to Plaintiffs' Complaint on or before April 17, 2023. Signed by District Judge Henry E. Hudson on 3/16/2023. (adun, )
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Filing 32
Memorandum in Support re #31 First MOTION to Dismiss for Failure to State a Claim First MOTION to Dismiss for Lack of Jurisdiction filed by Virginia Information Technologies Agency. (McVoy, Robin)
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Filing 31
First MOTION to Dismiss for Failure to State a Claim , First MOTION to Dismiss for Lack of Jurisdiction by Virginia Information Technologies Agency. (McVoy, Robin)
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Filing 30
WAIVER OF SERVICE Returned Executed by Patrick Shaw, Nacarlo Antonio Courtney, National Federation of the Blind of Virginia, Kevin Muhammad Shabazz, William Landrum Hajacos, William Stravitz, Michael McCann, Wilbert Green Rogers. Barry Marano waiver sent on 2/23/2023, answer due 4/24/2023. (Hill, Eve)
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Filing 29
WAIVER OF SERVICE Returned Executed by Patrick Shaw, Nacarlo Antonio Courtney, National Federation of the Blind of Virginia, Kevin Muhammad Shabazz, William Landrum Hajacos, William Stravitz, Michael McCann, Wilbert Green Rogers. Darrell Miller waiver sent on 2/23/2023, answer due 4/24/2023. (Hill, Eve)
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Filing 28
WAIVER OF SERVICE Returned Executed by Patrick Shaw, Nacarlo Antonio Courtney, National Federation of the Blind of Virginia, Kevin Muhammad Shabazz, William Landrum Hajacos, William Stravitz, Michael McCann, Wilbert Green Rogers. Kevin Punturi waiver sent on 2/23/2023, answer due 4/24/2023. (Hill, Eve)
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Filing 27
WAIVER OF SERVICE Returned Executed by Patrick Shaw, Nacarlo Antonio Courtney, National Federation of the Blind of Virginia, Kevin Muhammad Shabazz, William Landrum Hajacos, William Stravitz, Michael McCann, Wilbert Green Rogers. Lakeisha Shaw waiver sent on 2/23/2023, answer due 4/24/2023. (Hill, Eve)
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Filing 26
WAIVER OF SERVICE Returned Executed by Patrick Shaw, Nacarlo Antonio Courtney, National Federation of the Blind of Virginia, Kevin Muhammad Shabazz, William Landrum Hajacos, William Stravitz, Michael McCann, Wilbert Green Rogers. Officer D. Smith waiver sent on 2/23/2023, answer due 4/24/2023. (Hill, Eve)
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Filing 25
WAIVER OF SERVICE Returned Executed by Patrick Shaw, Nacarlo Antonio Courtney, National Federation of the Blind of Virginia, Kevin Muhammad Shabazz, William Landrum Hajacos, William Stravitz, Michael McCann, Wilbert Green Rogers. Lane Talbott waiver sent on 2/23/2023, answer due 4/24/2023. (Hill, Eve)
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Filing 24
WAIVER OF SERVICE Returned Executed by Patrick Shaw, Nacarlo Antonio Courtney, National Federation of the Blind of Virginia, Kevin Muhammad Shabazz, William Landrum Hajacos, William Stravitz, Michael McCann, Wilbert Green Rogers. Virginia Department Of Corrections waiver sent on 2/23/2023, answer due 4/24/2023. (Hill, Eve)
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Filing 23
WAIVER OF SERVICE Returned Executed by Patrick Shaw, Nacarlo Antonio Courtney, National Federation of the Blind of Virginia, Kevin Muhammad Shabazz, William Landrum Hajacos, William Stravitz, Michael McCann, Wilbert Green Rogers. Tammy Williams waiver sent on 2/28/2023, answer due 5/1/2023. (Hill, Eve)
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Filing 22
WAIVER OF SERVICE Returned Executed by Patrick Shaw, Nacarlo Antonio Courtney, National Federation of the Blind of Virginia, Kevin Muhammad Shabazz, William Landrum Hajacos, William Stravitz, Michael McCann, Wilbert Green Rogers. Harold Clarke waiver sent on 2/23/2023, answer due 4/24/2023. (Hill, Eve)
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Filing 21
WAIVER OF SERVICE Returned Executed by Patrick Shaw, Nacarlo Antonio Courtney, National Federation of the Blind of Virginia, Kevin Muhammad Shabazz, William Landrum Hajacos, William Stravitz, Michael McCann, Wilbert Green Rogers. Larry Edmonds waiver sent on 2/28/2023, answer due 5/1/2023. (Hill, Eve)
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Filing 20
WAIVER OF SERVICE Returned Executed by Patrick Shaw, Nacarlo Antonio Courtney, National Federation of the Blind of Virginia, Kevin Muhammad Shabazz, William Landrum Hajacos, William Stravitz, Michael McCann, Wilbert Green Rogers. Nurse Cynthia Lester waiver sent on 2/23/2023, answer due 4/24/2023. (Hill, Eve)
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Filing 19
NOTICE of Appearance by Laura Elizabeth Maughan on behalf of Harold Clarke, Larry Edmonds, Nurse Cynthia Lester, Barry Marano, Darrell Miller, Kevin Punturi, Lakeisha Shaw, Officer D. Smith, Lane Talbott, Virginia Department Of Corrections, Tammy Williams (Maughan, Laura)
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Filing 18
Consent MOTION for Extension of Time to File Answer re: Armor Correctional Health Services Inc. by Nacarlo Antonio Courtney, William Landrum Hajacos, Michael McCann, National Federation of the Blind of Virginia, Wilbert Green Rogers, Kevin Muhammad Shabazz, Patrick Shaw, William Stravitz. (Hill, Eve)
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Filing 17
STIPULATION for Extension of Time for Armor Correctional Health Services Inc. to File Answer by Nacarlo Antonio Courtney, William Landrum Hajacos, Michael McCann, National Federation of the Blind of Virginia, Wilbert Green Rogers, Kevin Muhammad Shabazz, William Stravitz. (Hill, Eve)
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Notice of Correction re #17 Stipulation. This should be filed as a Consent Motion for Extension of Time to File Answer. The docket event is found under Civil Events > Motions and Related Filings. Also, if a defendant is waiving service of process that should be filed under Civil Events > Initial Pleadings and Service > Service of Process using the Waiver of Service of Summons form found on the Court's website and the form should be filed as a non-fillable PDF. (jsmi, )
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Filing 16
ORDER (Granting Motion for Extension of Time) that the Motion for Extension of Time #15 is GRANTED. Defendant shall have 21 days from the date of this Order to file a response to Plaintiffs' Complaint. Signed by District Judge Henry E. Hudson on 3/14/2023. (adun, )
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Filing 15
MOTION for Extension of Time to File Response/Reply as to #1 Complaint,,,,,,, by Pranay Gupta, M.D.. (Warden, Michelle)
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Filing 14
NOTICE of Appearance by Michelle Lyn Rowling Warden on behalf of Pranay Gupta, M.D. (Warden, Michelle)
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Filing 13
SUMMONS Returned Executed. Armor Correctional Health Services, Inc. served on 2/24/2023, answer due 3/17/2023 (Hill, Eve) (Main Document 13 replaced to include page 1 of summons on 3/6/2023) (jsmi, )
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Filing 12
SUMMONS Returned Executed by Patrick Shaw, Nacarlo Antonio Courtney, National Federation of the Blind of Virginia, Kevin Muhammad Shabazz, William Landrum Hajacos, William Stravitz, Michael McCann, Wilbert Green Rogers VitalCore Health Strategies served on 2/23/2023, answer due 3/16/2023 (Hill, Eve)
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Filing 11
SUMMONS Returned Executed by Patrick Shaw, Nacarlo Antonio Courtney, National Federation of the Blind of Virginia, Kevin Muhammad Shabazz, William Landrum Hajacos, William Stravitz, Michael McCann, Wilbert Green Rogers Virginia Information Technologies Agency served on 2/23/2023, answer due 3/16/2023 (Hill, Eve)
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Filing 10
Summons Issued as to Barry Marano, NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (asho, )
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Filing 9
PROPOSED SUMMONS by Nacarlo Antonio Courtney, William Landrum Hajacos, Michael McCann, National Federation of the Blind of Virginia, Wilbert Green Rogers, Kevin Muhammad Shabazz, Patrick Shaw, William Stravitz re #1 Complaint,,,,,,, Summons - Barry Marano, ADA Coordinator (Hill, Eve) Modified on 2/22/2023 (asho, ).
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Filing 8
Summons Issued as to Harold Clarke, Larry Edmonds, Nurse Cynthia Lester, Officer D. Smith, Virginia Department Of Corrections, Tammy Williams, NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (asho, )
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Filing 7
PROPOSED SUMMONS by Nacarlo Antonio Courtney, William Landrum Hajacos, Michael McCann, National Federation of the Blind of Virginia, Wilbert Green Rogers, Kevin Muhammad Shabazz, Patrick Shaw, William Stravitz re #1 Complaint,,,,,,, Summonses (Attachments: #1 Summons - Harold Clarke, #2 Summons - Tammy Williams, #3 Summons - Nurse Cynthia Lester, #4 Summons - Larry Edmonds, #5 Summons - Office D Smith)(Hill, Eve) Modified on 2/21/2023 (asho, ).
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Filing 6
ORDER granting #3 Motion for Pro hac vice Appointed Evan Kleber Albers Monod for Nacarlo Antonio Courtney, Evan Kleber Albers Monod for William Landrum Hajacos, Evan Kleber Albers Monod for Michael McCann, Evan Kleber Albers Monod for National Federation of the Blind of Virginia, Evan Kleber Albers Monod for Wilbert Green Rogers, Evan Kleber Albers Monod for Kevin Muhammad Shabazz, Evan Kleber Albers Monod for Patrick Shaw, Evan Kleber Albers Monod for William Stravitz. Signed by District Judge Henry E. Hudson on 2/17/2023. (asho, )
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Filing 5
ORDER granting #2 Motion for Pro hac vice Appointed Monica Rae Basche for Nacarlo Antonio Courtney,Monica Rae Basche for William Landrum Hajacos,Monica Rae Basche for Michael McCann,Monica Rae Basche for National Federation of the Blind of Virginia,Monica Rae Basche for Wilbert Green Rogers,Monica Rae Basche for Kevin Muhammad Shabazz,Monica Rae Basche for Patrick Shaw,Monica Rae Basche for William Stravitz. Signed by District Judge Henry E. Hudson on 2/17/2023. (asho, )
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Filing 4
Summons Issued as to Armor Correctional Health Services, Inc., Vincent Gore, M.D., Pranay Gupta, M.D., Alvin Harris, M.D., Darrell Miller, Kevin Punturi, Lakeisha Shaw, Lane Talbott, Virginia Information Technologies Agency, VitalCore Health Strategies, NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (asho, )
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Initial Case Assignment to District Judge Henry E. Hudson. (asho, )
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Notice of Correction: Filing user notified that proposed summonses were filed as fillable PDF and in the future to convert any fillable form to a PDF prior to filing. Clerk has corrected each entry. Filing user notified that the proposed summonses have a P.O. Box for service or no address at all, for VA Dept of Corrections, Harold Clarke, D. Smith, Larry Edmonds, Tammy Williams, Barry Marano and Cynthia Lester. Filing user to correct and re-file the incorrect summonses which will be issued upon receipt. Clerk will issue all correct summonses. (asho, )
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Filing 3
Motion to appear Pro Hac Vice by Evan Kleber Albers Monod and Certification of Local Counsel Eve L. Hill Filing fee $ 75, receipt number AVAEDC-8804803. by Nacarlo Antonio Courtney, William Landrum Hajacos, Michael McCann, National Federation of the Blind of Virginia, Wilbert Green Rogers, Kevin Muhammad Shabazz, Patrick Shaw, William Stravitz. (Hill, Eve)
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Filing 2
Motion to appear Pro Hac Vice by Monica Rae Basche and Certification of Local Counsel Eve L. Hill Filing fee $ 75, receipt number AVAEDC-8804658. by Nacarlo Antonio Courtney, William Landrum Hajacos, Michael McCann, National Federation of the Blind of Virginia, Wilbert Green Rogers, Kevin Muhammad Shabazz, Patrick Shaw, William Stravitz. (Hill, Eve)
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Filing 1
Complaint for Declaratory, Injunctive, Mandamus and Monetary Relief ( Filing fee $ 402, receipt number AVAEDC-8803971.), filed by Patrick Shaw, Nacarlo Antonio Courtney, National Federation of the Blind of Virginia, Kevin Muhammad Shabazz, William Landrum Hajacos, William Stravitz, Michael McCann, Wilbert Green Rogers. (Attachments: #1 Civil Cover Sheet, #2 Summons - Virginia Department of Corrections, #3 Summons - Virginia Information Technologies Agency, #4 Summons - Pranay Gupta, M.D., #5 Summons - Harold Clarke, Director, #6 Summons - Alvin Harris, M.D., #7 Summons - Vincent Gore, M.D., #8 Summons - VitalCore Health Strategies, #9 Summons - Armor Correctional Health Services, Inc., #10 Summons - Officer D. Smith, #11 Summons - Larry Edmonds, #12 Summons - Lakeisha Shaw, #13 Summons - Lane Talbott, #14 Summons - Tammy Williams, #15 Summons - Darrell Miller, #16 Summons - Kevin Punturi, #17 Summons - Barry Marano, #18 Summons - Nurse Cynthia Lester)(Hill, Eve) (Attachment 2 replaced on 2/16/2023) (asho, ). (Attachment 3 replaced on 2/16/2023) (asho, ). (Attachment 4 replaced on 2/16/2023) (asho, ). (Attachment 5 replaced on 2/16/2023) (asho, ). (Attachment 6 replaced on 2/16/2023) (asho, ). (Attachment 7 replaced on 2/16/2023) (asho, ). (Attachment 8 replaced on 2/16/2023) (asho, ). (Attachment 9 replaced on 2/16/2023) (asho, ). (Attachment 10 replaced on 2/16/2023) (asho, ). (Attachment 11 replaced on 2/16/2023) (asho, ). (Attachment 12 replaced on 2/16/2023) (asho, ). (Attachment 13 replaced on 2/16/2023) (asho, ). (Attachment 14 replaced on 2/16/2023) (asho, ). (Attachment 15 replaced on 2/16/2023) (asho, ). (Attachment 16 replaced on 2/16/2023) (asho, ). (Attachment 17 replaced on 2/16/2023) (asho, ). (Attachment 18 replaced on 2/16/2023) (asho, ).
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