Harvey v. Means
| Dale Harvey |
| Garann Rose Means |
| 2:2023cv01712 |
| November 8, 2023 |
| US District Court for the Western District of Washington |
| Jamal N Whitehead |
| Other Statutory Actions |
| None |
Docket Report
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This docket was last retrieved on April 23, 2024. A more recent docket listing may be available from PACER.
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Filing 56
ORDER Setting Date and Related Deadlines for Final Evidentiary Hearing. The Court sets this case for an evidentiary hearing on the merits and orders entry of the following schedule: In-person, 6-hour Evidentiary Hearing set for 1/26/2024 at 09:00 AM in Courtroom 16A before Judge Jamal N Whitehead. Deadline to complete discovery is 1/16/2024, Deadline to exchange witness and exhibits list is 1/18/2024, Deadline to submit pretrial statements, including findings of fact and conclusions of law is 1/22/2024, Motions in Limine due by 1/22/2024. The parties must email Grant Cogswell, Courtroom Deputy, with their witness and exhibit lists, and copies of their exhibits: grant_cogswell@wawd.uscourts.gov. The parties must comply with the above deadlines regardless of their representation status. Signed by Judge Jamal N Whitehead. (KRA)
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Filing 55
STATUS REPORT by Respondent Garann Rose Means (Means, Garann)
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Filing 54
REPORT re #53 Order on Motion to Continue,,,, Set Deadlines/Hearings,,, Status Report by Petitioner Dale Harvey (Smith, Marguerite)
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Filing 53
ORDER granting Respondent's #40 Motion for Order of Continuance of Evidentiary Hearing. To allow the Court to set a new date, the parties are directed to submit separate status reports to the Court by 12/29/2023, addressing the issues detailed herein. The parties must submit the required status report regardless of their representation status. The Court finds good cause to modify the Preliminary Injunction to strike the requirement that Means post a bond in the amount of no less than $25,000. Dkt. Nos. #20 , #34 . So long as Means remains cooperative with the Court and continues to participate in the proceedings, the Court will not require a bond to deter subsequent concealment to remedy violations of the Court's injunction. Signed by Judge Jamal N Whitehead. (KRA)
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Filing 52
MINUTE ENTRY for proceedings held before Judge Jamal N Whitehead- Dep Clerk: Grant Cogswell; Pla Counsel: Marguerite Caroline Smith; Def Counsel: Garann Rose Means (Pro Se); CR: Nancy Bauer; Time of Hearing: 9:00AM; Courtroom: 16106;Evidentiary Hearing held on 12/19/2023. The Court discusses Respondent's MOTION for Order of Continuance of Evidentiary Hearing (Dkt. #40 ). The Court GRANTS the motion to continue. Also discussed with the parties is the outstanding bond, mediation, remote witnesses, Respondent's attempts to obtain counsel, and potential new evidentiary hearing dates and scheduling deadlines. The Court will issue a written order with rulings made on the record at today's hearing following this entry. (GC)
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Filing 51
MINUTE ORDER: The Court GRANTS Harvey's motion for virtual testimony. Dkt. No. #44 . The Court directs the parties to contact Grant Cogswell, Courtroom Deputy, for information about court room technology. Authorized by Judge Jamal N Whitehead. (KRA)
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Filing 50
Exhibit List by Respondent Garann Rose Means. (Means, Garann)
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Filing 49
DECLARATION of Garann Rose Means filed by Respondent Garann Rose Means re #14 MOTION for Temporary Restraining Order , #40 MOTION to Continue, #21 MOTION for Reconsideration re #20 Order on Motion for Temporary Restraining Order,,,,, Set Deadlines/Hearings,,,, ORDER GRANTING IN PART AND DENYING IN PART PETITIONER'S SECOND MOTION FOR TEMPORARY RESTRAINING ORDER, #6 MOTION for Temporary Restraining Order (Attachments: #1 Exhibit)(Means, Garann)
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Filing 48
DECLARATION of Declaration and certification of Emailing by Petitioner Dale Harvey (Smith, Marguerite)
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Filing 47
REPORT Notification re email address of respondent by Petitioner Dale Harvey (Smith, Marguerite)
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Filing 46
DECLARATION of Petitioner filed by Petitioner Dale Harvey re #40 MOTION to Continue (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E)(Smith, Marguerite)
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Filing 45
RESPONSE, by Petitioner Dale Harvey, to #40 MOTION to Continue. (Smith, Marguerite)
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Filing 44
MOTION For Zoom etc. Clarification re #34 Order,,,,, Set Deadlines/Hearings,,,, , filed by Petitioner Dale Harvey. Noting Date 12/15/2023, (Smith, Marguerite)
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Filing 43
ORDER on Respondent's #40 Motion for a Continuance. The Court will consider arguments from Means and Harvey about Means's motion to continue the evidentiary hearing, Dkt. No. #40 , at the hearing on 12/19/2023. Harvey, however, may submit a written response to Means's motion before the hearing. If the Court grants Means's motion, it will conduct the hearing as a status conference to set case scheduling deadlines. If the Court denies Means's motion, it will conduct the evidentiary hearing as scheduled. Signed by Judge Jamal N Whitehead. (KRA)
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Filing 42
RETURN OF SERVICE by US Marshal's Office re: Order re Service and Seizure on 12/6/2023 (KRA)
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Filing 41
NOTICE: Respondent Garann Rose Means has registered to electronically file and receive electronic service in this case. The party was directed to enter their appearance in accordance with LCR 83.2. If Ms. Means wishes to appear through counsel, they must enter an appearance in accordance with LCR 83.2. (KB) Modified on 12/14/2023 to update messaging re appearance (KB).
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Filing 40
MOTION for Order of Continuance of Evidentiary Hearing, filed by Respondent Garann Rose Means. Noted by Clerk for 12/22/2023. (KRA)
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Filing 39
DECLARATION of declaration and certification of emailing re #34 Order,,,,, Set Deadlines/Hearings,,,, by Petitioner Dale Harvey (Smith, Marguerite)
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Filing 38
Exhibit List Petitioner/Plaintiff's Exhibit and Witness list by Petitioner Dale Harvey. (Smith, Marguerite)
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Filing 37
SEALED Receipts for Surrender of Passports re #36 Minute Order by Hon. Jamal N. Whitehead (TF)
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Filing 36
MINUTE ORDER: On 12/6/2023, Respondent Garann Rose Means surrendered her passports and the passports of her minor children, ZUHM and EKHM, to the Clerk's office as previously ordered. See Dkt. No. #20 . The Court orders the Clerk's office to process and maintain custody of the passports until it receives further orders from this Court. Authorized by Judge Jamal N Whitehead. (KRA)
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Filing 35
DECLARATION Declaration and Certification of emailing of declaration and certification of emailing by Petitioner Dale Harvey (Smith, Marguerite)
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Filing 34
ORDER: The Court's order granting in part Harvey's motion for a TRO (Dkt. No. #20 ) is converted to a preliminary injunction, on the same terms, which will remain in force until further order of the Court. The final evidentiary hearing in this matter will be Tuesday, 12/19/2023, at 9:00 a.m. at the Seattle Courthouse of the United States District Court for the Western District of Washington, 700 Stewart Street, Seattle, Washington, in Courtroom 16A. The hearing is scheduled for three hours. The hearing may be converted to a remote hearing (i.e., Zoom) depending on the availability of the parties. Means must appear before the Court at that time and place as instructed herein. The parties must exchange witness and exhibit lists by 12/12/2023. The parties must email Grant Cogswell, Courtroom Deputy, with their witness and exhibit lists, and copies of their exhibits grant_cogswell@wawd.uscourts.gov. The United States Marshals Service is directed to effect personal service upon Means, with reasonable haste, but no later than 12/6/2023 as specified herein. Signed by Judge Jamal N Whitehead. (KRA) (cc: USMO via Email)
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Filing 33
MINUTE ENTRY for proceedings held before Judge Jamal N Whitehead- Dep Clerk: Grant Cogswell; Pla Counsel: Marguerite Caroline Smith; CR: Debbie Zurn; Time of Hearing: 10:00AM; Courtroom: 16106;Preliminary/Permanent Injunction Hearing held on 11/30/2023. The Respondent in this matter is not present. The Court discusses the Petitioner's continued attempts at service, the State Court issued DV Protection Order, and the setting of an Evidentiary hearing. The Court converts the Temporary Restraining Order into a Preliminary Injunction. The rulings made by the Court on the record at today's hearing will follow this entry in a written order. Evidentiary Hearing set for 12/19/2023 at 09:00 AM in Courtroom 16106 before Judge Jamal N Whitehead. (GC)
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Filing 32
DECLARATION Declaration and exhibit A of Declaration and certification of emailing pursuant to order November 27th 2023 re #26 Order on Motion to Seal, by Petitioner Dale Harvey (Smith, Marguerite)
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Filing 31
DECLARATION Declaration and certification of Marguerite Smith re emailing to respondent of and certification of marguerite Smith re emailing to respondent re #20 Order on Motion for Temporary Restraining Order,,,,, Set Deadlines/Hearings,,,, by Petitioner Dale Harvey (Smith, Marguerite)
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Filing 30
SUPPLEMENT re #20 Order on Motion for Temporary Restraining Order,,,,, Set Deadlines/Hearings,,,, resubmission of Exhibits with redactions by Petitioner Dale Harvey (Attachments: #1 Exhibit 12-2 refiling, #2 Exhibit 12-5 refiling, #3 Exhibit 13-1 refiling, #4 Exhibit 16-1 refiling, #5 Exhibit 16-2 refiling)(Smith, Marguerite)
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Filing 29
DECLARATION Dale Harvey of Dale Harvey re #27 Report, by Petitioner Dale Harvey (Attachments: #1 Exhibit EXHIBIT 1 to Dale Harvey declaration, #2 Exhibit EXHIBIT A to Dale Harvey declaration, #3 Exhibit EXHIBIT B to Dale Harvey Declaration, #4 Exhibit EXHIBIT C to Dale Harvey declaration, #5 Exhibit EXHIBIT D to Dale Harvey Declaration)(Smith, Marguerite)
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Filing 28
DECLARATION of Michael Graham of Michael Graham re #27 Report, by Petitioner Dale Harvey (Smith, Marguerite)
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Filing 27
REPORT re #20 Order on Motion for Temporary Restraining Order,,,,, Set Deadlines/Hearings,,,, Show Cause Why petitioner Unable to Accomplish service by Petitioner Dale Harvey (Attachments: #1 Exhibit EXHIBIT A to Show Cause)(Smith, Marguerite)
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Filing 26
ORDER granting Plaintiff's #7 Motion to Seal. The Court orders the Clerk to revise the Dkt. Nos. #3 -1, #3 -2, #5 -1, and #5 -2 to remain under seal, but not ex parte seal. The Court further orders Harvey to serve copies of Dkt. Nos. #3 -1, #3 -2, #5 -1, and #5 -2 on Means by 11/29/2023. Harvey must file proof of service with the Court by 11/29/2023. Signed by Judge Jamal N Whitehead. (KRA)
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Filing 25
DECLARATION of declaration and certification of emailing by Petitioner Dale Harvey (Attachments: #1 Exhibit Exhibit A to declaration and certification of emailing)(Smith, Marguerite)
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Filing 24
Summons(es) Issued in Paper Form over counter as to defendant(s) Garann Rose Means. (MJV)
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Filing 23
MINUTE ORDER: In the Court's Order granting in part and denying in part Petitioner's motion for a temporary restraining order, Dkt. No. #20 , it stated: "The restriction will automatically expire at midnight on 11/20/2023, unless specifically extended by further order of the Court." This was a clerical error, as the expiration date should have been described as 11/30/2023. Accordingly, the Court amends its order as described herein. Because the Court corrects its clerical error sua sponte, it also DENIES as moot Harvey's motion for reconsideration, Dkt. No. #21 . Authorized by Judge Jamal N Whitehead. (SB)
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Filing 22
DECLARATION of DECLARATION AND CERTIFICATION OF EMAILING filed by Petitioner Dale Harvey re #21 MOTION for Reconsideration re #20 Order on Motion for Temporary Restraining Order,,,,, Set Deadlines/Hearings,,,, ORDER GRANTING IN PART AND DENYING IN PART PETITIONER'S SECOND MOTION FOR TEMPORARY RESTRAINING ORDER (Attachments: #1 Exhibit)(Smith, Marguerite)
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Filing 21
MOTION for Reconsideration re #20 Order on Motion for Temporary Restraining Order,,,,, Set Deadlines/Hearings,,,, ORDER GRANTING IN PART AND DENYING IN PART PETITIONER'S SECOND MOTION FOR TEMPORARY RESTRAINING ORDER, filed by Petitioner Dale Harvey. Noting Date 11/20/2023, (Smith, Marguerite)
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Filing 20
ORDER granting in part and denying in part Petitioner's #14 Motion for Temporary Restraining Order as described herein. Means cannot remove the children, or directly or indirectly allow the children to be removed, from the Western District of Washington unless ordered by this Court. The restriction will automatically expire at midnight on 11/20/2023, unless specifically extended by further order of the Court. Means must post a bond of no less than $25,000 within 72 hours of receiving notice of this Order. Means must provide Harvey proof of the bond for $25,000 within 72 hours of the bond being posted. The Court will hold a hearing on the issuance of a preliminary injunction and other case management issues on 11/30/2023, at 10:00 a.m. The Court DENIES Harvey's request for the Marshals to take custody and retain custody of the children at this time. The Court orders Harvey to serve Means with the petition, a summons, and a copy of this order in accordance with the Federal Rules of Civil Procedure. Harvey must file proof of service with the Court or show cause in writing by 11/28/2023, why he was unable to accomplish service as ordered. Signed by Judge Jamal N Whitehead. (SB)
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Filing 19
MINUTE ENTRY for proceedings held before Judge Jamal N Whitehead- Dep Clerk: Grant Cogswell; Pla Counsel: Marguerite Caroline Smith; CR: Marci Chatelain; Time of Hearing: 9:00AM; Courtroom: 16106;TRO Hearing held on 11/20/2023. Respondent is NOT present at the hearing. The Court hears from the Petitioner on the MOTION for Temporary Restraining Order Dkt. #14 and attempts made to serve the respondent. The Court GRANTS in part and DENIES in part the Motion for Temporary Restraining Order. The Court GRANTS Petitioner's request to place Dkt. Nos. #12 -2, #12 -5, #13 -1, #16 -1, and #16 -2 under provisional seal pending this Courts order on Petitioners oral motion to seal. The Court will issue a written order with the findings made on the record at today's hearing by end of business today. The Court sets a Preliminary Injunction Hearing set on 11/30/2023 at 10:00 AM before Judge Jamal N Whitehead in Courtroom 16A. Modified on 11/20/2023 (GC).
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Filing 18
DECLARATION of Declaration and certification of emailing filed by Petitioner Dale Harvey re #14 MOTION for Temporary Restraining Order (Attachments: #1 Exhibit Exhibit A to declaration and certification of emailing)(Smith, Marguerite)
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Filing 17
DECLARATION of Supplement to Certification and declaration of Marguerite Smith filed by Petitioner Dale Harvey re #14 MOTION for Temporary Restraining Order (Attachments: #1 Exhibit EXHIBIT A to supplement to certification)(Smith, Marguerite)
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Filing 16
DECLARATION of Certification of Notice Marguerite Smith filed by Petitioner Dale Harvey re #14 MOTION for Temporary Restraining Order (Attachments: #1 Exhibit EXHIBIT 1 to Certification, #2 Exhibit EXHIBIT 2 to certification)(Smith, Marguerite)
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Filing 15
MINUTE ORDER re Petitioner's #14 MOTION for Temporary Restraining Order. The Court ORDERS Harvey and Means to appear in-person for a hearing on Harvey's second TRO at 9:00 a.m. on Monday, 11/20/2023, in Courtroom 16A at the United States District Court for the Western District of Washington, 700 Stewart Street, Seattle, Washington 98101. The Court also ORDERS Harvey to serve Means with a copy of his second TRO motion, Dkt. No. #14 , and a copy of this Order by 9:00 a.m. on Saturday, 11/18/2023. Harvey must file with the Court a certification of notice by 12:00 p.m. on Saturday, 11/18/2023. Authorized by Judge Jamal N Whitehead. (KRA)
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Filing 14
MOTION for Temporary Restraining Order , filed by Petitioner Dale Harvey. Oral Argument Requested. (Attachments: #1 Exhibit Exhibit A to Second Motion, #2 Supplement Declaration of Dale Harvey in support of Second motion) Noting Date 11/17/2023, (Smith, Marguerite)
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Filing 13
DECLARATION Declaration re e-mailing by Petitioner Dale Harvey (Attachments: #1 Exhibit Exhibit A to declaration re emailing)(Smith, Marguerite)
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Filing 12
NOTICE Declaration of Marguerite Smith re Notification to respondent ; filed by Petitioner Dale Harvey. (Attachments: #1 Exhibit Exhibit A to declaration re notification, #2 Exhibit Exhibit B to declaration re notification, #3 Exhibit Exhibit C to declaration re notification, #4 Exhibit Exhibit D to declaration re notification, #5 Exhibit Exhibit E to declaration re notification, #6 Exhibit Exhibit F to declaration re notification)(Smith, Marguerite) Modified title on 11/16/2023 (KRA).
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Filing 11
ORDER denying Plaintiff's #6 Motion for Temporary Restraining Order without prejudice for failure to comply with Fed. R. Civ. P. 65(b)(1) and the Court's previous order. Dkt. No. #10 . Signed by Judge Jamal N Whitehead. (SB)
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Filing 10
MINUTE ORDER on Plaintiff's #6 Motion for Temporary Restraining Order. If Harvey wishes to pursue his TRO, he must serve Means with a copy of his TRO motion papers, including a copy of this order, as soon as possible but by no later than 12:00 p.m. on Tuesday, 11/14/2023. Under Local Civil Rule 65(b)(5), Means "must (1) file a notice indicating whether [she] plans to oppose the motion within twenty-four hours after service of the motion, and (2) file [her] response, if any, within forty-eight hours after the motion is served." Authorized by Judge Jamal N Whitehead. (SB) Modified on 11/9/2023 to correct docket linkage (SB).
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Filing 9
CIVIL COVER SHEET; filed by Petitioner Dale Harvey. (Smith, Marguerite)
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Filing 8
Notice of Filing Deficiency re #1 Petition (Other). ***Action Required*** Civil Cover Sheet Omitted.See attached letter for more information and instructions. (CR)
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Filing 7
MOTION to Seal , filed by Plaintiff Dale Harvey. (Smith, Marguerite)
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Filing 6
MOTION for Temporary Restraining Order , filed by Plaintiff Dale Harvey. Oral Argument Requested. (Attachments: #1 Exhibit proposed order, #2 Supplement Brief to motion)(Smith, Marguerite)
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Filing 5
Ex Parte-Sealed DECLARATION by Plaintiff Dale Harvey (Attachments: #1 Sealed Exhibit Exhibit E, #2 Sealed Exhibit Exhibit G)(Smith, Marguerite) Modified on 11/27/2023 to indicate filings are no longer ex parte (SB).
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Filing 4
DECLARATION of Dale Harvey by Plaintiff Dale Harvey (Attachments: #1 Exhibit Exhibit B, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit A, #5 Exhibit Exhibit C, #6 Exhibit Exhibit D, #7 Exhibit Exhibit F, #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 Z)(Smith, Marguerite)
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Filing 3
Ex Parte Sealed DECLARATION by Plaintiff Dale Harvey (Attachments: #1 Sealed Exhibit exhibit T to Karen Gailey declaration, #2 Sealed Exhibit Exhibit U to Karen Gailey declaration)(Smith, Marguerite) Modified on 11/27/2023 to indicate filings are no longer ex parte (SB).
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Filing 2
DECLARATION of Karen Gailey by Plaintiff Dale Harvey (Attachments: #1 Exhibit Exhibit A-1, #2 Exhibit Exhibit A-2, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit EXHIBIT E, #7 Exhibit Exhibit F, #8 Exhibit Exhibit G, #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, #18 Exhibit Exhibit R, #19 Exhibit Exhibit S, #20 Exhibit Exhibit V)(Smith, Marguerite)
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Filing 1
PETITION (Receipt # AWAWDC-8233965) filed by Dale Harvey. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Smith, Marguerite)
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Judge Jamal N Whitehead added. (CR)
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| Petitioner: Dale Harvey | |
| Represented By: | Marguerite Caroline Smith |
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| Respondent: Garann Rose Means | |
| Represented By: | Garann Rose Means |
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