State of Oregon v. Donald Trump
| STATE OF WASHINGTON, STATE OF CALIFORNIA, STATE OF OREGON, STATE OF ARIZONA, STATE OF NEW YORK, STATE OF COLORADO, STATE OF CONNECTICUT, STATE OF DELAWARE, STATE OF ILLINOIS, OFFICE OF THE GOVERNOR EX REL. ANDY BESHEAR, in his official capacity as Governor of the Commonwealth of Kentucky, STATE OF MAINE, STATE OF MARYLAND, COMMONWEALTH OF MASSACHUSETTS, STATE OF MICHIGAN, STATE OF MINNESOTA, STATE OF NEVADA, STATE OF NEW JERSEY, STATE OF NEW MEXICO, STATE OF NORTH CAROLINA, JOSH SHAPIRO, in his official capacity as Governor of the Commonwealth of Pennsylvania, STATE OF RHODE ISLAND, STATE OF VERMONT, COMMONWEALTH OF VIRGINIA, STATE OF WISCONSIN, BURLAP AND BARREL, INC. and BASIC FUN, INC. |
| DONALD J. TRUMP, in his official capacity as President of the United States, DEPARTMENT OF HOMELAND SECURITY, MARKWAYNE MULLIN, Secretary of Homeland Security, UNITED STATES CUSTOMS AND BORDER PROTECTION, RODNEY S. SCOTT, Commissioner of U.S. Customs and Border Protection, UNITED STATES, EXECUTIVE OFFICE OF THE PRESIDENT, JAMIESON GREER, U.S. Trade Representative and OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE |
| ADVANCING AMERICAN FREEDOM, INC., JONATHAN BEAN, PETER T. CALCAGNO, CENTER FOR FREEDOM AND PROSPERITY, RICHARD EPSTEIN, RANDALL G. HOLCOMBE, INDEPENDENT INSTITUTE, RIO GRANDE FOUNDATION, EDWARD J. LOPEZ, PAUL STAM, MICHAEL C. MUNGER and WILLIAM F. SHUGHART |
| 26-1804 |
| May 8, 2026 |
| U.S. Court of Appeals, Federal Circuit |
| Other |
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| Filing 66 Note to File: The following cases are consolidated: 26-1804 (Lead) with 26-1805 (Member Case) and 26-1928 (Cross-Appeal). The parties must file all documents in the lead appeal only. [1176653] [26-1804, 26-1928] [MMA] [Entered: 06/30/2026 10:12 AM] |
Filing 65
ORDER granting motion to consolidate Appeal No. 2026-1928 [ # 1175774-2 ] as a cross-appeal. The revised official caption is reflected in the order, and the parties need not file duplicative entries of appearance or certificates of interest these consolidated appeals. The appellants' opening brief remains due no later than July 21, 2026. Service as of this date by the Clerk of Court. [1176509] [26-1804, 26-1928] [NL] [Entered: 06/29/2026 02:14 PM]
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| Filing 64 **TEXT ONLY** ORDER granting motion to extend time to file brief [ # 63 ] filed by Appellants US, DHS, United States Customs and Border Protection, Office of the United States Trade Representative, Donald J. Trump, Executive Office of the President, Jamieson Greer, Rodney S. Scott and Markwayne Mullin. The opening brief is due 07/21/2026. Service as of this date by the Clerk of Court. [1176263] [MVH] [Entered: 06/26/2026 04:24 PM] |
| Filing 63 MOTION of Appellants Office of the United States Trade Representative, DHS, US, Executive Office of the President, Jamieson Greer, Markwayne Mullin, Rodney S. Scott, Donald J. Trump and United States Customs and Border Protection to extend the time to 07/21/2026 to file brief. Service: 06/25/2026 by email. [1175999] [26-1804] [Sophia Shams] [Entered: 06/25/2026 04:55 PM] |
| Filing 62 Clerk's Note to the File: Any entries of appearance must now be made by motion in Appeal Nos. 26-1804, 26-1805. [1175023] [26-1804, 26-1805] [MVH] [Entered: 06/22/2026 04:22 PM] |
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Filing 61
ORDER filed granting the motions for stay pending appeal [ # 4 ] [ # 1166318-2 ]; The Clerk of Court shall transmit a copy of this order to the merits panel assigned to these appeals. (Per Curiam). Service as of this date by the Clerk of Court. [1173394] [26-1804, 26-1805] [LMS] [Entered: 06/11/2026 03:24 PM]
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| Filing 60 Entry of Appearance for Laura C. Tipton as counsel for Appellee Office of the Governor ex rel. Andy Beshear. Service: 06/08/2026 by email. [1172479] [26-1804] [Laura Tipton] [Entered: 06/08/2026 03:12 PM] |
| Filing 59 Official caption revised to add all Plaintiffs-Appellees. (see attached). Service as of this date by the Clerk of Court. [1172301] [MMA] [Entered: 06/08/2026 09:42 AM] |
| Filing 58 Corrected Certificate of Interest for Appellees State of Oregon, State of Arizona, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Illinois, Office of the Governor ex rel. Andy Beshear, State of Maine, State of Maryland, Commonwealth of Massachusetts, State of Michigan, State of Minnesota, State of New Jersey, State of Nevada, State of New Mexico, State of New York, State of North Carolina, Josh Shapiro, State of Rhode Island, State of Vermont, Commonwealth of Virginia, State of Washington and State of Wisconsin. Service: 06/05/2026 by email. [1172202] [26-1804] [Benjamin Gutman] [Entered: 06/05/2026 04:22 PM] |
| Filing 57 Entry of Appearance for Daniel T. Wilkes as counsel for State of North Carolina. Service: 06/05/2026 by email. [1172079] [26-1804] [Daniel Wilkes] [Entered: 06/05/2026 01:23 PM] |
| Filing 56 Entry of Appearance for David N. Birch as counsel for State of New Jersey. Service: 06/04/2026 by email. [1171890] [26-1804] [David Birch] [Entered: 06/04/2026 04:30 PM] |
| Filing 55 Entry of Appearance for Steven Travis Mayo as counsel for Office of the Governor ex rel. Andy Beshear, in his official capacity as Governor of the Commonwealth of Kentucky. Service: 06/04/2026 by email. [1171832] [26-1804] [Steven Mayo] [Entered: 06/04/2026 03:21 PM] |
| Filing 54 Entry of Appearance for Katherine Dirks as counsel for Commonwealth of Massachusetts. Service: 06/03/2026 by email. [1171444] [26-1804] [Katherine Dirks] [Entered: 06/03/2026 04:02 PM] |
| Filing 53 Entry of Appearance for Brian P. Keenan as counsel for State of Wisconsin. Service: 06/03/2026 by email. [1171440] [26-1804] [Brian Keenan] [Entered: 06/03/2026 04:00 PM] |
| Filing 52 Entry of Appearance for Peter Farrell as counsel for State of Minnesota. Service: 06/02/2026 by email. [1171078] [26-1804] [Peter Farrell] [Entered: 06/02/2026 02:44 PM] |
| Filing 51 Entry of Appearance for Jacob B. Boyer as counsel for Josh Shapiro, in his official capacity as Governor of the Commonwealth of Pennsylvania. Service: 06/02/2026 by email. [1171058] [26-1804] [Jacob Boyer] [Entered: 06/02/2026 02:14 PM] |
| Filing 50 Entry of Appearance for Vanessa L. Kassab; Ian R. Liston as counsel for State of Delaware. Service: 06/02/2026 by email. [1171014] [26-1804] [Vanessa Kassab] [Entered: 06/02/2026 01:12 PM] |
| Filing 49 Entry of Appearance for Tillman J. Breckenridge as counsel for Commonwealth of Virginia. Service: 06/02/2026 by email. [1170967] [26-1804] [Tillman Breckenridge] [Entered: 06/02/2026 11:46 AM] |
| Filing 48 Entry of Appearance for Alexander Carnevale as counsel for State of Rhode Island. Service: 06/02/2026 by email. [1170827] [26-1804] [Alexander Carnevale] [Entered: 06/02/2026 08:40 AM] |
| Filing 47 REPLY of Appellants DHS, Executive Office of the President, Jamieson Greer, Markwayne Mullin, Office of the United States Trade Representative, Rodney S. Scott, Donald J. Trump, United States Customs and Border Protection and US to response [ # 36 ], response [ # 34 ]. Service: 06/01/2026 by email. [1170800] [26-1804] [Daniel Winik] [Entered: 06/01/2026 06:06 PM] |
| Filing 46 Docketing Statement for the Appellants DHS, Executive Office of the President, Jamieson Greer, Markwayne Mullin, Office of the United States Trade Representative, Rodney S. Scott, Donald J. Trump, United States Customs and Border Protection and US. Service: 06/01/2026 by email. [1170676] [26-1804] [Sophia Shams] [Entered: 06/01/2026 03:19 PM] |
| Filing 45 Entry of Appearance for Michael K. Skold as counsel for State of Connecticut. Service: 06/01/2026 by email. [1170666] [26-1804] [Michael Skold] [Entered: 06/01/2026 02:56 PM] |
| Filing 44 Notice to Appellants DHS, Executive Office of the President, Jamieson Greer, Markwayne Mullin, Office of the United States Trade Representative, Rodney S. Scott, Donald J. Trump, US and United States Customs and Border Protection: The record of this case indicates that no Docketing Statement under FCR 47.6 has been filed. Failure to file required documents may result in dismissal or other action as deemed appropriate by the court. See FCR 25(h). Service as of this date by the Clerk of Court. [1170651] [MMA] [Entered: 06/01/2026 02:33 PM] |
| Filing 43 Entry of Appearance for Ryan P. Kane as counsel for State of Vermont. Service: 05/29/2026 by email. [1170301] [26-1804] [Ryan Kane] [Entered: 05/29/2026 01:44 PM] |
| Filing 42 Entry of Appearance for Rabia Muqaddam as counsel for Appellee State of New York. Service: 05/29/2026 by email. [1170278] [26-1804] [Rabia Muqaddam] [Entered: 05/29/2026 12:59 PM] |
| Filing 41 Entry of Appearance for Katherine Thompson as counsel for State of Maine. Service: 05/29/2026 by email. [1170253] [26-1804] [Katherine Thompson] [Entered: 05/29/2026 12:16 PM] |
| Filing 40 Entry of Appearance for James C. Luh as counsel for State of Maryland. Service: 05/29/2026 by email. [1170236] [26-1804] [James Luh] [Entered: 05/29/2026 11:29 AM] |
| Filing 39 Entry of Appearance for Ester Murdukhayeva as counsel for State of New York. Service: 05/29/2025 by email. [1170229] [26-1804] [Ester Murdukhayeva] [Entered: 05/29/2026 11:20 AM] |
| Filing 38 Entry of Appearance for Sarah A. Hunger as counsel for State of Illinois. Service: 05/29/2026 by email. [1170214] [26-1804] [Sarah Hunger] [Entered: 05/29/2026 10:13 AM] |
| Filing 37 NOTICE OF NON-COMPLIANCE: The submission of Appellees State of Arizona, State of California, State of Colorado, State of Michigan, State of Nevada, State of New Mexico, State of Oregon and State of Washington, Certificate of Interest [ # 35 ], is not in compliance with the rules of this court (see attached). Compliant document due on 06/05/2026. Service as of this date by the Clerk of Court. [1170211] [MMA] [Entered: 05/29/2026 09:43 AM] |
| Filing 36 RESPONSE of Appellees Basic Fun, Inc. and Burlap and Barrel, Inc. to Doc No. [ # 4 ]. Service: 05/28/2026 by email. [1170177] [26-1804] [Jeffrey Schwab] [Entered: 05/28/2026 05:53 PM] |
| Filing 35 Certificate of Interest for Appellees State of Arizona, State of California, State of Colorado, State of Michigan, State of Nevada, State of New Mexico, State of Oregon and State of Washington. Service: 05/28/2026 by email. [1170115] [26-1804] This document is non-compliant. See Doc No. [ # 37 ] [Benjamin Gutman] [Entered: 05/28/2026 03:46 PM] |
| Filing 34 RESPONSE of Appellees State of Oregon, State of Arizona, State of California, State of Colorado, State of Michigan, State of Nevada, State of New Mexico and State of Washington to Doc No. [ # 4 ]. Service: 05/28/2026 by email. [1170113] [26-1804] [Benjamin Gutman] [Entered: 05/28/2026 03:43 PM] |
| Filing 33 Entry of Appearance for Joshua D. Bendor; Syreeta A. Tyrell; Jaylia Yan; Timothy E. D. Horley as counsel for State of Arizona. Service: 05/27/2026 by email. [1169855] [26-1804] [Syreeta Tyrell] [Entered: 05/27/2026 07:36 PM] |
| Filing 32 Entry of Appearance for Shiwon Choe; Lara Haddad; Carolyn Downs; Samuel Sokolsky as counsel for State of California. Service: 05/27/2026 by email. [1169829] [26-1804] [Shiwon Choe] [Entered: 05/27/2026 04:47 PM] |
| Filing 31 Entry of Appearance for Amy Senier as counsel for State of New Mexico. Service: 05/27/2026 by email. [1169747] [26-1804] [Amy Senier] [Entered: 05/27/2026 02:03 PM] |
| Filing 30 Entry of Appearance for Sarah H. Weiss as counsel for State of Colorado. Service: 05/26/2026 by email. [1169242] [26-1804] [Sarah Weiss] [Entered: 05/26/2026 10:09 AM] |
| Filing 29 Certificate of Interest for Appellees Basic Fun, Inc. and Burlap and Barrel, Inc.. Service: 05/22/2026 by email. [1169186] [26-1804] [Jeffrey Schwab] [Entered: 05/22/2026 11:34 PM] |
| Filing 28 Entry of Appearance for Neil Giovanatti as counsel for State of Michigan. Service: 05/22/2026 by email. [1169086] [26-1804] [Neil Giovanatti] [Entered: 05/22/2026 01:48 PM] |
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Filing 27
ORDER The appellees are directed to respond to the appellants' motions for a stay no later than seven days from the date of entry of this order. Any reply is due no later than three days from the date of service of the response(s). The administrative stay imposed by this court's May 12, 2026 order remains in effect. (Per Curiam). Service as of this date by the Clerk of Court. [1168812] [26-1804, 26-1805] [LMS] [Entered: 05/21/2026 03:10 PM]
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| Filing 26 AMICUS CURIAE BRIEF FILED by Amici Curiae Advancing American Freedom, Inc., Jonathan Bean, Peter T. Calcagno, Center for Freedom and Prosperity, Richard Epstein, Randall G. Holcombe, Independent Institute, Edward J. Lopez, Michael C. Munger, Rio Grande Foundation, William F. Shughart and Paul Stam. Service: 05/20/2026 by email. [1168665] This document has been accepted. See Order [ # 25 ] [MMA] [Entered: 05/21/2026 12:24 PM] |
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Filing 25
ORDER denying the motion [ # 23 ] as unnecessary. Fed. R. App. P. 29(a)(2); ECF No. 23-2 is accepted for filing. Service as of this date by the Clerk of Court. [1168658] [LMS] [Entered: 05/21/2026 12:00 PM]
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| Filing 24 RESPONSE of Appellants DHS, Executive Office of the President, Jamieson Greer, Markwayne Mullin, Office of the United States Trade Representative, Rodney S. Scott, Donald J. Trump, US and United States Customs and Border Protection to Doc. No. [ # 8 ], [ # 8 ], [ # 8 ]. Service: 05/20/2026 by email. [1168517] [26-1804] [Sophia Shams] [Entered: 05/20/2026 06:34 PM] |
| Filing 23 MOTION of Advancing American Freedom for leave to file an amicus curiae brief. Service: 05/20/2026 by email. [1168399] [26-1804] [John Wheat] [Entered: 05/20/2026 01:49 PM] |
| Filing 22 Corrected Certificate of Interest for Advancing American Freedom. Service: 05/20/2026 by email. [1168397] [26-1804] [John Wheat] [Entered: 05/20/2026 01:47 PM] |
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Filing 21
ORDER denying the motion for leave to file an amicus curiae brief [ # 18 ] as unnecessary. Fed. R. App. P. 29(a)(2). Within seven days from the date of entry of this order, amici are directed to submit a corrected brief in which the certificate of interest includes Randall G. Holcombe as a represented entity if Mr. Holcombe continues to be listed on the entry of appearance and brief as an amicus and in which Mountain States Policy Center, Inc. is included on the brief as an amicus if Mountain States continues to be included on the certificate of interest as a represented entity. Service as of this date by the Clerk of Court. [1168306] [NL] [Entered: 05/20/2026 10:17 AM]
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| Filing 20 Entry of Appearance for Jeffrey M. Schwab; Reilly Stephens as counsel for Appellees Basic Fun, Inc. and Burlap and Barrel, Inc.. Service: 05/19/2026 by email. [1168235] [26-1804] [Jeffrey Schwab] [Entered: 05/19/2026 11:23 PM] |
| Filing 19 NOTICE OF NON-COMPLIANCE: The submission of Movants Advancing American Freedom, Inc., Jonathan Bean, Peter T. Calcagno, Center for Freedom and Prosperity, Richard Epstein, Randall G. Holcombe, Independent Institute, Edward J. Lopez, Michael C. Munger, Rio Grande Foundation, William F. Shughart and Paul Stam, Certificate of Interest [ # 17 ], is not in compliance with the rules of this court (see attached). Compliant document due on 05/27/2026. Service as of this date by the Clerk of Court. [1168184] [MMA] [Entered: 05/19/2026 04:26 PM] |
| Filing 18 MOTION of Advancing American Freedom for leave to file an amicus curiae brief. Service: 05/19/2026 by email. [1168101] [26-1804] [John Wheat] [Entered: 05/19/2026 02:18 PM] |
| Filing 17 Certificate of Interest for Advancing American Freedom. Service: 05/19/2026 by email. [1168096] [26-1804] This document is non-compliant. See Doc No. [ # 19 ] [John Wheat] [Entered: 05/19/2026 02:14 PM] |
| Filing 16 Entry of Appearance for John Marc Wheat as counsel for Advancing American Freedom. Service: 05/19/2026 by email. [1168095] [26-1804] [John Wheat] [Entered: 05/19/2026 02:12 PM] |
| Filing 15 Entry of Appearance for Stephen Todd Sipe; Freeman Halle; William McGinty as counsel for Appellee State of Washington. Service: 05/15/2026 by email. [1167574] [26-1804] [Stephen Sipe] [Entered: 05/15/2026 08:31 PM] |
| Filing 14 Entry of Appearance for John Marc Wheat as counsel for Advancing American Freedom. Service: 05/15/2026 by email. [1167553] [26-1804] [John Wheat] [Entered: 05/15/2026 05:04 PM] |
| Filing 13 Corrected Entry of Appearance for Benjamin Gutman; Dustin Buehler; Adam Holbrook, Jordan Silk as counsel for Appellee State of Oregon. Service: 05/14/2026 by email. [1167343] [26-1804] [Benjamin Gutman] [Entered: 05/14/2026 05:47 PM] |
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Filing 12
ORDER Appellants' motion [ # 4 ], [ # 1166318-2 ] is held in abeyance, and briefing on it is suspended, pending the Court of International Trade's disposition of appellants' stay motions at that court, and appellants are directed to immediately inform this court of the CIT's disposition of those motions. The administrative stay imposed by this court's May 12, 2026 order remains in effect. (Per Curiam). Service as of this date by the Clerk of Court. [1166888] [26-1804, 26-1805] [NL] [Entered: 05/13/2026 02:00 PM]
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| Filing 11 RESPONSE of Appellants DHS, Executive Office of the President, Jamieson Greer, Markwayne Mullin, Office of the United States Trade Representative, Rodney S. Scott, Donald J. Trump, United States Customs and Border Protection and US to Doc. No. [ # 8 ], [ # 8 ], [ # 8 ]. Service: 05/12/2026 by email. [1166711] [26-1804] [Sophia Shams] [Entered: 05/12/2026 08:10 PM] |
| Filing 10 Entry of Appearance for K. Brunetti Ireland as counsel for State of Nevada. Service: 05/12/2026 by email. [1166709] [26-1804] [Kiel Ireland] [Entered: 05/12/2026 06:42 PM] |
| Filing 9 Note to File: The following cases are consolidated: 26-1804 (Lead) 26-1805 (Member Case). The parties must file all documents in the lead appeal only. [1166696] [26-1804, 26-1805] [MMA] [Entered: 05/12/2026 05:05 PM] |
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Filing 8
ORDER The motions to consolidate [ # 3 ], [ # 1166314-2 ] are granted. The appeals are consolidated, such that only one set of briefs should be filed for the appeals. The revised official caption for the consolidated appeals is reflected in this order. The requests for an immediate administrative stay are granted to the extent that the judgment and the permanent injunction entered by the CIT in these cases are temporarily stayed until further notice while this court considers the motions for a stay pending appeal [ # 4 ], [ # 1166318-2 ]. The appellees are directed to respond to the appellants' motions for a stay no later than seven days from the date of entry of this order. Any reply is due no later than three days from the date of service of the response(s). The appellants are directed to immediately inform this court of any action taken by the CIT on appellants' pending stay motions at that court. (Per Curiam). Service as of this date by the Clerk of Court. [1166522] [26-1804, 26-1805] [NL] [Entered: 05/12/2026 12:46 PM]
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| Filing 7 NOTICE OF NON-COMPLIANCE: The submission of Appellee State of Oregon, Entry of Appearance [ # 5 ], is not in compliance with the rules of this court (see attached). Compliant document due on 05/19/2026. Service as of this date by the Clerk of Court. [1166481] [MMA] [Entered: 05/12/2026 11:50 AM] |
| Filing 6 Official caption revised to add the appellee designation for the State of Oregon. (see attached). Service as of this date by the Clerk of Court. [1166476] [MMA] [Entered: 05/12/2026 11:46 AM] |
| Filing 5 Entry of Appearance for Benjamin Gutman; Dustin Buehler; Adam Holbrook; Jordan Silk as counsel for State of Oregon. Service: 05/11/2026 by email. [1166336] [26-1804] This document is non-compliant. See Doc No. [ # 7 ] [Benjamin Gutman] [Entered: 05/11/2026 07:48 PM] |
| Filing 4 MOTION of Appellants DHS, Markwayne Mullin, Rodney S. Scott, Donald J. Trump, United States Customs and Border Protection and US for an emergency stay pending appeal under Rule 8/18. Service: 05/11/2026 by email. [1166315] [26-1804] [Douglas Dreier] [Entered: 05/11/2026 05:17 PM] |
| Filing 3 MOTION of Appellants Donald J. Trump, Markwayne Mullin, US, DHS, Rodney S. Scott and United States Customs and Border Protection to consolidate appeals (26-1804, 26-1805). Service: 05/11/2026 by email. [1166313] [26-1804] [Sophia Shams] [Entered: 05/11/2026 05:13 PM] |
| Filing 2 Entry of Appearance for Brad Hinshelwood; Daniel Winik; Sophia Shams; Douglas C. Dreier as counsel for Appellants DHS, Markwayne Mullin, Rodney S. Scott, Donald J. Trump, United States Customs and Border Protection and US. Service: 05/11/2026 by email. [1166016] [26-1804] [Bradley Hinshelwood] [Entered: 05/11/2026 09:17 AM] |
| Filing 1 Appeal docketed. Received: 05/08/2026. [1165898] Entry of Appearance is due 05/22/2026. Certificate of Interest is due 05/22/2026. Docketing Statement is due 05/22/2026. Appellants' brief is due 07/07/2026. [MMA] [Entered: 05/08/2026 04:01 PM] |
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