Jim Bognet, et al v. Secretary Commonwealth of PA, et al
| WYOMING COUNTY BOARD OF ELECTIONS, JEFFERSON COUNTY BOARD OF ELECTIONS, MIFFLIN COUNTY BOARD OF ELECTIONS, LYCOMING COUNTY BOARD OF ELECTIONS, NORTHAMPTON COUNTY BOARD OF ELECTIONS, ELK COUNTY BOARD OF ELECTIONS, PIKE COUNTY BOARD OF ELECTIONS, CAMBRIA COUNTY BOARD OF ELECTIONS, SUSQUEHANNA COUNTY BOARD OF ELECTIONS, CUMBERLAND COUNTY BOARD OF ELECTIONS, LANCASTER COUNTY BOARD OF ELECTIONS, CLEARFIELD COUNTY BOARD OF ELECTIONS, CRAWFORD COUNTY BOARD OF ELECTIONS, BUCKS COUNTY BOARD OF ELECTIONS, SOMERSET COUNTY BOARD OF ELECTIONS, MCKEAN COUNTY BOARD OF ELECTIONS, CLINTON COUNTY BOARD OF ELECTIONS, ERIE COUNTY BOARD OF ELECTIONS, MONTGOMERY COUNTY BOARD OF ELECTIONS, MONROE COUNTY BOARD OF ELECTIONS, UNION COUNTY BOARD OF ELECTIONS, BRADFORD COUNTY BOARD OF ELECTIONS, LEBANON COUNTY BOARD OF ELECTIONS, CARBON COUNTY BOARD OF ELECTIONS, SNYDER COUNTY BOARD OF ELECTIONS, CAMERON COUNTY BOARD OF ELECTIONS, BEAVER COUNTY BOARD OF ELECTIONS, JUNIATA COUNTY BOARD OF ELECTIONS, BUTLER COUNTY BOARD OF ELECTIONS, FOREST COUNTY BOARD OF ELECTIONS, FULTON COUNTY BOARD OF ELECTIONS, LEHIGH COUNTY BOARD OF ELECTIONS, WAYNE COUNTY BOARD OF ELECTIONS, SCHUYLKILL COUNTY BOARD OF ELECTIONS, WESTMORELAND COUNTY BOARD OF ELECTIONS, ADAMS COUNTY BOARD OF ELECTIONS, WASHINGTON COUNTY BOARD OF ELECTIONS, CHESTER COUNTY BOARD OF ELECTIONS, MERCER COUNTY BOARD OF ELECTIONS, PHILADELPHIA COUNTY BOARD OF ELECTIONS, SULLIVAN COUNTY BOARD OF ELECTIONS, TIOGA COUNTY BOARD OF ELECTIONS, GREENE COUNTY BOARD OF ELECTIONS, ALLEGHENY COUNTY BOARD OF ELECTIONS and WARREN COUNTY BOARD OF ELECTIONS |
| CLARION COUNTY BOARD OF ELECTIONS, LACKAWANNA COUNTY BOARD OF ELECTIONS, DAUPHIN COUNTY BOARD OF ELECTIONS, LUZERNE COUNTY BOARD OF ELECTIONS, NORTHUMBERLAND COUNTY BOARD OF ELECTIONS, BEDFORD COUNTY BOARD OF ELECTIONS, DELAWARE COUNTY BOARD OF ELECTIONS, COLUMBIA COUNTY BOARD OF ELECTIONS, VENANGO COUNTY BOARD OF ELECTIONS, SECRETARY COMMONWEALTH OF PENNSYLVANIA, FAYETTE COUNTY BOARD OF ELECTIONS, BERKS COUNTY BOARD OF ELECTIONS, INDIANA COUNTY BOARD OF ELECTIONS, CENTRE COUNTY BOARD OF ELECTIONS, LAWRENCE COUNTY BOARD OF ELECTIONS, ARMSTRONG COUNTY BOARD OF ELECTIONS, HUNTINGDON COUNTY BOARD OF ELECTIONS, FRANKLIN COUNTY BOARD OF ELECTIONS, PERRY COUNTY BOARD OF ELECTIONS, BLAIR COUNTY BOARD OF ELECTIONS, POTTER COUNTY BOARD OF ELECTIONS and YORK COUNTY BOARD OF ELECTIONS |
| DEMOCRATIC NATIONAL COMMITTEE |
| DEBRA MILLER, ALAN CLARK, JIM BOGNET, JENNIFER CLARK and DONALD K. MILLER |
| 20-3214 |
| October 29, 2020 |
| U.S. Court of Appeals, Third Circuit |
| Other |
Opinions
We have the following opinions for this case:
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Docket Report
This docket was last retrieved on December 7, 2020. A more recent docket listing may be available from PACER.
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| Filing 70 MANDATE ISSUED. (CJG) [Entered: 12/07/2020 08:27 AM] |
| Filing 69 NOTICE from U.S. Supreme Court. Petition for Writ of Certiorari filed by Jim Bognet on 11/20/2020. Supreme Court Case No. 20-740. (LML) [Entered: 11/30/2020 03:31 PM] |
| Filing 68 HARD COPY RECEIVED from Appellee Secretary Commonwealth of Pennsylvania - Supplemental Appendix. Copies: 4. Volumes: 1. (GPK) [Entered: 11/22/2020 10:12 AM] |
| Filing 67 HARD COPY RECEIVED from Appellee Secretary Commonwealth of Pennsylvania - Brief. Copies: 7. (RM) [Entered: 11/20/2020 12:38 PM] |
| Filing 66 HARD COPY RECEIVED from Intervenor-appellee Democratic National Committee - Supplemental Appendix. Copies: 4. Volumes: 1. (GPK) [Entered: 11/18/2020 10:28 AM] |
| Filing 65 HARD COPY RECEIVED from Intervenor-appellee Democratic National Committee - Brief. Copies: 7. Received: 10. (RM) [Entered: 11/13/2020 02:19 PM] |
Filing 64
ORDER (SMITH, SHWARTZ and SCIRICA, Circuit Judges) The Motion by Appellants for Leave to File Supplemental Brief is denied as moot. Smith, Authoring Judge. (CJG) [Entered: 11/13/2020 11:34 AM]
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| Filing 63 JUDGMENT, Affirmed. Each party shall bear its own costs. (CJG) [Entered: 11/13/2020 11:27 AM] |
| Filing 62 PRECEDENTIAL OPINION. Coram: SMITH, Chief Judge, SHWARTZ and SCIRICA, Circuit Judges. Total Pages: 55. Judge: SMITH Authoring. (CJG) [Entered: 11/13/2020 11:25 AM] |
| Filing 61 ECF FILER: ELECTRONIC SUPPLEMENTAL BRIEF on behalf of Appellants Jim Bognet, Alan Clark, Jennifer Clark, Debra Miller and Donald K. Miller. Certificate of Service dated 11/12/2020 by ECF. [20-3214] (DHT) [Entered: 11/12/2020 10:41 AM] |
| Filing 60 ECF FILER: Motion filed by Appellants Jim Bognet, Alan Clark, Jennifer Clark, Debra Miller and Donald K. Miller for Leave to File Supplemental Brief. Certificate of Service dated 11/12/2020. Service made by ECF. [20-3214]--[Edited 11/12/2020 by CJG] (DHT) [Entered: 11/12/2020 10:38 AM] |
| Filing 59 ECF FILER: LETTER from Attorney Michele D. Hangley, Esq. for Appellee Secretary Commonwealth of Pennsylvania Letter including statistics requested in the Courts letter of November 10, 2020. Certificate of Service dated 11/12/2020. Service made by ECF. [20-3214] (MDH) [Entered: 11/12/2020 08:50 AM] |
| Filing 58 CLERK'S LETTER to counsel written at the direction of the Court. By 9:00 a.m. on November 12, 2020, please submit to the Court the total number of all segregated absentee or mail-in ballots that were received by Pennsylvanias county election boards after 8:00 p.m. on November 3 and before 5:01 p.m. on November 6. In addition, at the same time, please submit to the Court the number of all such ballots that lack a legible postmark. If the exact numbers of such ballots are not available by that time, please submit current approximations. (CMH) [Entered: 11/10/2020 04:31 PM] |
| Filing 57 ECF FILER: LETTER on behalf of Appellees Franklin County Board of Elections and Perry County Board of Elections. Appellees Franklin County Board of Elections and Perry County Board of Elections will adopt the Answering Brief (ECF 47) on behalf of Appellee Secretary Commonwealth of Pennsylvania. Certificate of Service dated 11/10/2020.Service made by ECF. This document will be SENT TO THE MERITS PANEL if/when applicable. [20-3214] (FJL) [Entered: 11/10/2020 03:38 PM] |
| Filing 55 TEXT ONLY ORDER (Clerk) At the direction of the Court, the Motions by Secretary of the Commonwealth of Pennsylvania and Democratic National Committee for Leave to File Supplemental Appendicies are granted. (CJG) [Entered: 11/10/2020 08:29 AM] |
| Filing 56 SUPPLEMENTAL ELECTRONIC APPENDIX on behalf of Appellee Secretary Commonwealth of Pennsylvania. (CJG) [Entered: 11/10/2020 08:34 AM] |
| Filing 54 ECF FILER: Motion filed by Intervenor-appellee Democratic National Committee to supplement the appendix. Certificate of Service dated 11/09/2020. Service made by ECF. [20-3214] (MEE) [Entered: 11/09/2020 06:02 PM] |
| Filing 53 SUBMITTED on Monday, November 9, 2020. Panel: SMITH, Chief Judge, SHWARTZ and SCIRICA, Circuit Judges. (CMH) [Entered: 11/09/2020 03:51 PM] |
| Filing 52 Calendared for Monday, 11/09/2020. Calendar Clerk: CMH. (CMH) [Entered: 11/09/2020 03:49 PM] |
| Filing 51 ECF FILER: LETTER on behalf of Appellee Potter County Board of Elections. Appellee Potter County Board of Elections will adopt the ANSWERING BRIEF OF KATHY BOOCKVAR, SECRETARY OF THE COMMONWEALTH OF PENNSYLVANIA on behalf of Appellee Secretary Commonwealth of Pennsylvania. Certificate of Service dated 11/09/2020.Service made by ECF. This document will be SENT TO THE MERITS PANEL if/when applicable. [20-3214] (TRS) [Entered: 11/09/2020 03:40 PM] |
| Filing 50 ECF FILER: ELECTRONIC SUPPLEMENTAL APPENDIX on behalf of Intervenor-appellee Democratic National Committee. Certificate of service dated 11/09/2020 by ECF>--[Edited 11/10/2020 by CJG] (MEE) [Entered: 11/09/2020 03:10 PM] |
| Filing 49 ECF FILER: LETTER on behalf of Appellee Delaware County Board of Elections. Appellee Delaware County Board of Elections will adopt the Answering Brief of Kathy Boockvar on behalf of Appellee Secretary Commonwealth of Pennsylvania. Certificate of Service dated 11/09/2020.Service made by ECF. This document will be SENT TO THE MERITS PANEL if/when applicable. [20-3214] (EVW) [Entered: 11/09/2020 03:08 PM] |
| Filing 48 ECF FILER: ELECTRONIC BRIEF on behalf of Intervenor-appellee Democratic National Committee. Certificate of Service dated 11/09/2020 by ECF. [20-3214] (MEE) [Entered: 11/09/2020 03:01 PM] |
| Filing 47 ECF FILER: ELECTRONIC BRIEF on behalf of Appellee Secretary Commonwealth of Pennsylvania. Certificate of Service dated 11/09/2020 by ECF. [20-3214] (MDH) [Entered: 11/09/2020 02:52 PM] |
| Filing 46 ECF FILER: Motion filed by Appellee Secretary Commonwealth of Pennsylvania to supplement the appendix. Certificate of Service dated 11/09/2020. Service made by ECF. [20-3214] (MDH) [Entered: 11/09/2020 02:49 PM] |
| Filing 45 HARD COPY RECEIVED from Appellants Jim Bognet, Alan Clark, Jennifer Clark, Debra Miller and Donald K. Miller - Appendix. Copies: 4. Volumes: 2. (GPK) [Entered: 11/09/2020 01:32 PM] |
| Filing 44 HARD COPY RECEIVED from Appellants Jim Bognet, Alan Clark, Jennifer Clark, Debra Miller and Donald K. Miller - Brief. Copies: 7. (KEL) [Entered: 11/09/2020 11:29 AM] |
| Filing 43 ECF FILER: ENTRY OF APPEARANCE from Courtney Elgart on behalf of Intervenor(s) Democratic National Committee. [20-3214] (CAE) [Entered: 11/06/2020 04:08 PM] |
| Filing 42 ECF FILER: ELECTRONIC APPENDIX on behalf of Appellants Jim Bognet, Alan Clark, Jennifer Clark, Debra Miller and Donald K. Miller. Certificate of service dated 11/06/2020 by ECF. [20-3214] (DHT) [Entered: 11/06/2020 03:04 PM] |
| Filing 41 ECF FILER: ELECTRONIC BRIEF on behalf of Appellants Jim Bognet, Alan Clark, Jennifer Clark, Debra Miller and Donald K. Miller. Certificate of Service dated 11/06/2020 by ECF. [20-3214] (DHT) [Entered: 11/06/2020 02:53 PM] |
| Filing 40 ECF FILER: ENTRY OF APPEARANCE from Uzoma Nkwonta on behalf of Intervenor(s) Democratic National Committee. [20-3214] (UNN) [Entered: 11/05/2020 04:17 PM] |
| Filing 39 Attorney Bar status modified for Thomas R. Shaffer, Esq. for Potter County Board of Elections. Status is now active. (TMK) [Entered: 11/03/2020 02:28 PM] |
| Filing 38 NOTICE REGARDING ATTORNEY STATUS for APPEARANCE FORM filed by Attorney Thomas R. Shaffer, Esq. for Appellee Potter County Board of Elections. Counsel's current status in this Court's attorney rolls is inactive. An attorney must have active status in order to appear before this Court. R.A.D.E. 17.3. If you wish to return to active status or if you believe that you have been marked inactive in error, please complete the Attorney Admission Renewal/Adjustment of Status Form available on this Court's website by 11/17/2020. Future filings will not be accepted from an attorney in inactive status. (TMK) [Entered: 11/03/2020 08:00 AM] |
Filing 37
ORDER (SMITH, Chief Judge, SHWARTZ and SCIRICA, Circuit Judges) Plaintiffs-Appellants filed an emergency motion for expedited briefing in which they sought to file their opening brief by 5:00 p.m. on October 30, 2020. They also proposed that Defendants-Appellees' response brief be filed by 5:00 p.m. on November 2, and Plaintiffs-Appellants' reply brief by 5:00 p.m. on November 3. By its terms, Plaintiffs-Appellants' proposal effectively forecloses this Court from ruling on their underlying appeal from the District Court's denial of injunctive relief on or before Election Day, November 3, 2020. Defendant-Appellee Secretary of the Commonwealth Boockvar opposed the motion and briefing schedule, proposing instead that we defer any ruling until 5:00 p.m. on November 7 so that we could then determine whether a live controversy exists and, if so, set a briefing schedule. Intervenor-Appellee Democratic National Committee also opposed the motion but did not propose a schedule. NOW this 30th day of October, 2020, we hereby DENY Plaintiffs-Appellants' Emergency Motion for an Expedited Briefing Schedule. IT IS FURTHER ORDERED that the parties shall file briefs as follows: Appellants' Opening Brief - due by 3:00 p.m. on Friday, November 6, 2020; Appellees' Response Briefs - due by 3:00 p.m. on Monday, November 9, 2020; and No Reply shall be filed. Panel No.: ECO-012-E. SMITH, Authoring Judge. (JK) [Entered: 10/30/2020 03:48 PM]
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| Filing 36 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellee Potter County Board of Elections. [20-3214] (TRS) [Entered: 10/30/2020 02:34 PM] |
| Filing 35 ECF FILER: Reply by Appellants Jim Bognet, Alan Clark, Jennifer Clark, Debra Miller and Donald K. Miller to Response, Response. Certificate of Service dated 10/30/2020. Service made by ECF [20-3214] (DHT) [Entered: 10/30/2020 11:18 AM] |
| Filing 34 ECF FILER: Response filed by Intervenor-appellee Democratic National Committee to motion. Certificate of Service dated 10/30/2020. [20-3214] (MEE) [Entered: 10/30/2020 08:59 AM] |
| Filing 33 ECF FILER: Response filed by Appellee Secretary Commonwealth of Pennsylvania to motion. Certificate of Service dated 10/30/2020. [20-3214] (MDH) [Entered: 10/30/2020 08:53 AM] |
| Filing 32 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellant Jennifer Clark. [20-3214] (DHT) [Entered: 10/29/2020 09:40 PM] |
| Filing 31 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellant Alan Clark. [20-3214] (DHT) [Entered: 10/29/2020 09:38 PM] |
| Filing 30 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellant Debra Miller. [20-3214] (DHT) [Entered: 10/29/2020 09:37 PM] |
| Filing 29 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellant Donald K. Miller. [20-3214] (DHT) [Entered: 10/29/2020 09:35 PM] |
| Filing 28 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellant Jim Bognet. [20-3214] (DHT) [Entered: 10/29/2020 09:31 PM] |
| Filing 27 ECF FILER: Transcript Purchase Order Form (Part 1) filed by Appellants Jim Bognet, Alan Clark, Jennifer Clark, Debra Miller and Donald K. Miller advising this court that transcripts are not needed. [20-3214] (DHT) [Entered: 10/29/2020 08:58 PM] |
| Filing 26 ECF FILER: Concise Summary of the Case filed by Appellants Jim Bognet, Alan Clark, Jennifer Clark, Debra Miller and Donald K. Miller. [20-3214] (DHT) [Entered: 10/29/2020 08:54 PM] |
| Filing 25 ECF FILER: CIVIL INFORMATION STATEMENT on behalf of Appellants Jim Bognet, Alan Clark, Jennifer Clark, Debra Miller and Donald K. Miller. [20-3214] (DHT) [Entered: 10/29/2020 08:50 PM] |
| Filing 24 ECF FILER: ENTRY OF APPEARANCE from Christine D. Steere on behalf of Appellee(s) Berks County Board of Elections. [20-3214] (CDS) [Entered: 10/29/2020 04:05 PM] |
| Filing 23 ECF FILER: ENTRY OF APPEARANCE from Andrew W. Norfleet, Esquire on behalf of Appellee(s) Franklin County Board of Elections, Perry County Board of Elections. [20-3214] (AWN) [Entered: 10/29/2020 04:00 PM] |
| Filing 22 TEXT ONLY ORDER (Clerk) Any response in opposition to Appellant's motion to expedite or the proposed briefing schedule must be filed by 9:00 am on Friday, October 30, 2020. (KAG) [Entered: 10/29/2020 03:42 PM] |
| Filing 21 ECF FILER: ENTRY OF APPEARANCE from Stephen B. Edwards, Esquire on behalf of Appellee(s) Franklin County Board of Elections, Perry County Board of Elections. [20-3214] (SBE) [Entered: 10/29/2020 02:59 PM] |
| Filing 20 ECF FILER: ENTRY OF APPEARANCE from Marc E. Elias on behalf of Intervenor(s) Democratic National Committee. [20-3214] (UNN) [Entered: 10/29/2020 02:56 PM] |
| Filing 19 ECF FILER: ENTRY OF APPEARANCE from Frank J. Lavery, Jr., Esquire on behalf of Appellee(s) Franklin County Board of Elections, Perry County Board of Elections. [20-3214] (FJL) [Entered: 10/29/2020 02:50 PM] |
| Filing 18 ECF FILER: ENTRY OF APPEARANCE from Thomas R Shaffer on behalf of Appellee(s) Potter County Board of Elections. [20-3214] (TRS) [Entered: 10/29/2020 02:35 PM] |
| Filing 17 ECF FILER: Motion filed by Appellants Jim Bognet, Alan Clark, Jennifer Clark, Debra Miller and Donald K. Miller to Expedite Briefing Schedule. Certificate of Service dated 10/29/2020. Service made by ECF. [20-3214] (DHT) [Entered: 10/29/2020 02:15 PM] |
| Filing 16 ECF FILER: ENTRY OF APPEARANCE from Brian W. Barnes on behalf of Appellant(s) Jim Bognet, Donald K. Miller, Debra Miller, Alan Clark, and Jennifer Clark. [20-3214] (BWB) [Entered: 10/29/2020 01:55 PM] |
| Filing 15 ECF FILER: ENTRY OF APPEARANCE from Peter A. Patterson on behalf of Appellant(s) Jim Bognet, Donald K. Miller, Debra Miller, Alan Clark, and Jennifer Clark. [20-3214] (PAP) [Entered: 10/29/2020 01:51 PM] |
| Filing 14 ECF FILER: ENTRY OF APPEARANCE from Jessica A. Rickabaugh on behalf of Appellee(s) Kathy Boockvar, in her capacity as Secretary of the Commonwealth of PA. [20-3214] (JR) [Entered: 10/29/2020 01:46 PM] |
| Filing 13 ECF FILER: ENTRY OF APPEARANCE from Joe H. Tucker, Jr. on behalf of Appellee(s) Kathy Boockvar, in her capacity as Secretary of the Commonwealth of PA. [20-3214] (JHT) [Entered: 10/29/2020 01:42 PM] |
| Filing 12 ECF FILER: ENTRY OF APPEARANCE from Dimitrios Mavroudis, Esquire on behalf of Appellee(s) Kathy Boockvar, in her capacity as Secretary of the Commonwealth of PA. [20-3214] (DM) [Entered: 10/29/2020 01:08 PM] |
| Filing 11 ECF FILER: ENTRY OF APPEARANCE from Elizabeth A. Dupuis on behalf of Appellee(s) See Attachment A for Appellees represented.. [20-3214] (EAD) [Entered: 10/29/2020 01:03 PM] |
| Filing 10 ECF FILER: ENTRY OF APPEARANCE from Molly E. Meacham on behalf of Appellee(s) Appellees identified on Attachment A. [20-3214] (MEM) [Entered: 10/29/2020 12:58 PM] |
| Filing 9 ECF FILER: ENTRY OF APPEARANCE from Mark A. Aronchick on behalf of Appellee(s) Kathy Boockvar, Secretary of the Commonwealth. [20-3214] (MAA) [Entered: 10/29/2020 12:47 PM] |
| Filing 8 ECF FILER: ENTRY OF APPEARANCE from Michele D. Hangley on behalf of Appellee(s) Kathy Boockvar, Secretary of the Commonwealth. [20-3214] (MDH) [Entered: 10/29/2020 12:43 PM] |
| Filing 7 ECF FILER: ENTRY OF APPEARANCE from Robert A. Wiygul on behalf of Appellant(s) Kathy Boockvar, Secretary of the Commonwealth. [20-3214] (RAW) [Entered: 10/29/2020 12:37 PM] |
| Filing 6 ECF FILER: ENTRY OF APPEARANCE from David H. Thompson on behalf of Appellant(s) Jim Bognet, Donald K. Miler, Debra Miller, Alan Clark, and Jennifer Clark. [20-3214] (DHT) [Entered: 10/29/2020 12:16 PM] |
| Filing 5 ECF FILER: ENTRY OF APPEARANCE from Elizabeth Wingfield on behalf of Appellee(s) Delaware County Board of Elections. [20-3214] (EVW) [Entered: 10/29/2020 12:09 PM] |
| Filing 4 ECF FILER: ENTRY OF APPEARANCE from Edward D. Rogers on behalf of Appellee(s) Delaware County Board of Elections. [20-3214] (EDR) [Entered: 10/29/2020 12:03 PM] |
| Filing 3 ECF FILER: ENTRY OF APPEARANCE from Sean A. Kirkpatrick on behalf of Appellee(s) The Secretary of the Commonwealth of Pennsylvania. [20-3214] (SAK) [Entered: 10/29/2020 11:40 AM] |
| Filing 2 RECORD available on District Court CM/ECF. (CJG) [Entered: 10/29/2020 11:27 AM] |
| Filing 1 CIVIL CASE DOCKETED. Notice filed by Appellants Jim Bognet, Alan Clark, Jennifer Clark, Debra Miller and Donald K. Miller in District Court No. 3-20-cv-00215. (CJG) [Entered: 10/29/2020 09:50 AM] |
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