University Corporation for Atmospheric Research v. National Science Foundation et al
| University Corporation for Atmospheric Research |
| National Science Foundation, Brian Stone, National Oceanic and Atmospheric Administration, Neil Jacobs, United States Department of Commerce, Howard Lutnick, United States Office of Management and Budget and Russell Vought |
| The University of Wyoming |
| 1:2026cv01061 |
| March 16, 2026 |
| U.S. District Court for the District of Colorado |
| R Brooke Jackson |
| APA Review/Appeal |
| 05 U.S.C. § 0701 Administrative Procedure Act |
| None |
Docket Report
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This docket was last retrieved on May 11, 2026. A more recent docket listing may be available from PACER.
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| Filing 45 NOTICE Re Administrative Record by Plaintiff University Corporation for Atmospheric Research (Purpura, Michael) |
| Filing 44 MINUTE ENTRY for Preliminary Injunction Hearing held on 5/7/2026 before Judge R. Brooke Jackson. Taking under advisement Plaintiff's #18 Motion for Preliminary Injunction. Court Reporter: Kevin Carlin. (hguer) |
Filing 43
MINUTE ORDER: It is hereby ORDERED that any member of the media or public may listen in to the 5/7/2026 Preliminary Injunction Hearing via telephone by dialing 571-353-2301 and then entering 717767513#. Any person appearing by telephone shall mute their telephone after they have connected to the courtroom. Entered by Judge R. Brooke Jackson on 5/6/2026. Text Only Entry. (hguer)
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Filing 42
ORDER granting #41 Motion for Extension of Time to Answer or Otherwise Respond University Corporation for Atmospheric Research answer due 7/10/2026. The July 10, 2026 is arbitrary and was inserted only because the computer wouldn't let me grant the motion without inserting a date. It can be adjusted as appropriate. by Judge R. Brooke Jackson on 5/3/26. Text Only Entry(rbj)
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| Filing 41 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond (to Suspend Deadline to Respond to Complaint Pending Final Resolution of PI, Including Appeals) by Defendants Neil Jacobs, Howard Lutnick, National Oceanic and Atmospheric Administration, National Science Foundation, Brian Stone, United States Department of Commerce, United States Office of Management and Budget, Russell Vought. (Kies, Marianne) |
| Filing 40 REPLY to Response to #18 MOTION for Preliminary Injunction filed by Plaintiff University Corporation for Atmospheric Research. (Attachments: #1 Affidavit DECLARATION OF ALISHA SWOFFORD, #2 Affidavit DECLARATION OF KRISTA LAURSEN, #3 Affidavit DECLARATION OF HOLLY GILBERT, #4 Exhibit PLAINTIFF UNIVERSITY CORPORATION FOR ATMOSPHERIC RESEARCHS RESPONSE TO THE UNIVERSITY OF WYOMINGS AMICUS BRIEF, #5 Affidavit DECLARATION OF RACHEL WRAY, #6 Affidavit DECLARATION OF CHRISTINE WIEDINMYER I,, #7 Affidavit SECOND DECLARATION OF KRISTA LAURSEN)(Alden, Bram) |
| Filing 39 Amicus Curiae BRIEF of the University of Wyoming, by Amicus The University of Wyoming. (Pursuant to #38 Order)(ccuen, ) Modified on 4/30/2026 to add note referencing Order (ccuen, ). |
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Filing 38
ORDER GRANTING UNIVERSITY OF WYOMING'S #35 MOTION FOR LEAVE TO FILE AN AMICUS BRIEF, by Judge R. Brooke Jackson on 4/30/2026. (ccuen, )
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Filing 37
MINUTE ORDER. Media coverage and briefing in this case have reminded the Court that sometime in the 1970s, while still an associate attorney at the law firm Holland & Hart, I participated in the representation of either UCAR or NCAR in the defense of an age discrimination lawsuit brought by a former employee whose name, I believe, was Sparkman. Mr. Sparkman was involved with weather balloons. The case was tried in the United States District Court before the late judge Richard Matsch and resulted in a judgment in favor of the defendant. To my knowledge, that is the only contact I ever had with either UCAR or NCAR, and I do not recall the names of any of their personnel who were involved in the case. I do not believe that experience would affect my impartiality in the present case, but I wanted the parties to know about it so that they could take any action they deem appropriate. By Judge R. Brooke Jackson on 4/30/2026. Text Only Entry (rbjlc9, ).
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Filing 36
ORDER granting #35 Motion for Leave. The motion of the University of Wyoming to file an amicus brief is granted. Signed order to follow. Plaintiff may file a supplemental brief prior to the May 7, 2026 hearing in response to the amicus brief it chooses to do so. By Judge R. Brooke Jackson on 4/30/2026. Text Only Entry (rbjlc9, ).
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| Filing 35 MOTION for Leave to File Amicus Brief by Amicus The University of Wyoming. (Attachments: #1 Exhibit Ex. A - Amicus Brief, #2 Exhibit Ex. A - NWSC Contract, #3 Exhibit Ex. B - NWSC Allocation Agreement, #4 Proposed Order (PDF Only) Proposed Order)(Buckley, Lucas) |
| Filing 34 NOTICE of Entry of Appearance by Kari A. Hartman on behalf of The University of WyomingAttorney Kari A. Hartman added to party The University of Wyoming(pty:am) (Hartman, Kari) |
| Filing 33 NOTICE of Entry of Appearance by Lucas Evan Buckley on behalf of The University of WyomingAttorney Lucas Evan Buckley added to party The University of Wyoming(pty:am) (Buckley, Lucas) |
| Filing 32 RESPONSE to #18 MOTION for Preliminary Injunction filed by Defendants Neil Jacobs, Howard Lutnick, National Oceanic and Atmospheric Administration, National Science Foundation, Brian Stone, United States Department of Commerce, United States Office of Management and Budget, Russell Vought. (Attachments: #1 Affidavit Exhibit A -- Keiser Declaration, #2 Exhibit 1 to Keiser, #3 Exhibit 2 to Keiser, #4 Exhibit 3 to Keiser, #5 Exhibit 4 to Keiser, #6 Exhibit 5 to Keiser, #7 Exhibit 6 to Keiser, #8 Exhibit 7 to Keiser, #9 Exhibit 8 to Keiser, #10 Exhibit 9 to Keiser, #11 Affidavit Exhibit B -- Levenbach Declaration, #12 Exhibit 1 to Levenbach, #13 Exhibit 2 to Levenbach, #14 Exhibit 3 to Levenbach)(Kies, Marianne) |
| Filing 31 NOTICE re Service of "Administrative Record" by NSF by Defendants Neil Jacobs, Howard Lutnick, National Oceanic and Atmospheric Administration, National Science Foundation, Brian Stone, United States Department of Commerce, United States Office of Management and Budget, Russell Vought (Attachments: #1 Affidavit AR Certification and Index)(Kies, Marianne) |
| Set Hearings: Preliminary Injunction Hearing set for 5/7/2026 at 9:00 AM in Courtroom C203 before Judge R. Brooke Jackson. Text Only Entry (rbjlc8, ) |
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Filing 30
ORDER granting #29 Motion for Extension of Time to File Response/Reply by one day to April 23, 2026 without resetting other deadlines for good cause shown, including plaintiff's non-opposition. By Judge R. Brooke Jackson on 4/17/2026. Text Only Entry (rbjlc9, ).
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| Filing 29 Unopposed MOTION for Extension of Time to File Response/Reply as to #18 MOTION for Preliminary Injunction (One Day) by Defendants Neil Jacobs, Howard Lutnick, National Oceanic and Atmospheric Administration, National Science Foundation, Brian Stone, United States Department of Commerce, United States Office of Management and Budget, Russell Vought. (Kies, Marianne) |
| Filing 28 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #17 Notice of Entry of Appearance filed by attorney Emilie Miner. The s/signature did not match the filer name on the account for which the login and password are registered. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 4.3(c) of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry). (anewt, ) |
| Filing 27 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #16 Notice of Entry of Appearance filed by attorney Austin Reagan. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through PACER pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases). Also, the s/signature did not match the filer name on the account for which the login and password are registered. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 4.3(c) of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry). (anewt, ) |
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Filing 25
MINUTE ORDER. The Court has reviewed the parties briefing related to plaintiffs Motion for Expedited Briefing Schedule and Limited Discovery (ECF Nos. 19, 21, 22). The Court finds that there is a good cause for an expedited briefing schedule but, assuming that the stewardship of the NCAR-Wyoming Supercomputing Center will not take place before the hearing, not as expedited as plaintiff requests. If that assumption is incorrect, please so indicate, and the Court with hold a Temporary Restraining Order hearing forthwith. The Court sets the following briefing schedule. Defendants response to the Motion for a Preliminary Injunction is due April 22nd. Plaintiffs reply is due April 30th. The Court will hold a preliminary injunction hearing, assuming one is necessary, on May 7th at 9:00 a.m. Plaintiff also requests the expedited discovery of two categories of communications from three individuals between December 1, 2025 and the present related to NSFs purported decision to transfer stewardship of NWSC. At this juncture, this portion of plaintiffs motion is DENIED. The discovery requests relate to the underlying agency rationale for the transfer. In other words, they pertain to plaintiffs claim that the action was arbitrary and capricious under the Administrative Procedure Act (APA), 5 USC 706(2)(A). However, as defendants point out, a reviewing court is ordinarily limited to evaluating the agencys contemporaneous explanation in light of the existing administrative record. Dept of Commerce v. New York, 588 U.S. 752, 780 (2019). The only narrow exception to the general rule against inquiring into the mental processes of administrative decisionmakers is upon a strong showing of bad faith or improper behavior. Id. (internal quotation marks and citation omitted). Presumably, the communications that plaintiff seeks are not part of the administrative record, and therefore, ordering defendants to produce them at this juncture would be inappropriate. By Judge R. Brooke Jackson on 4/6/2026. Text Only Entry. (rbjlc9, )
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| Filing 24 REPLY to Response to #21 MOTION for Extension of Time to Motion to Set Default Schedule to Brief Plaintiff's Motions for Preliminary Injunction and Expedited Discovery (ECF 18, 19) filed by Defendants Neil Jacobs, Howard Lutnick, National Oceanic and Atmospheric Administration, National Science Foundation, Brian Stone, United States Department of Commerce, United States Office of Management and Budget, Russell Vought. (Borson, Joseph) |
| Filing 23 NOTICE of Entry of Appearance by Joseph E. Borson on behalf of All Defendants Attorney Joseph E. Borson added to party Neil Jacobs(pty:dft), Attorney Joseph E. Borson added to party Howard Lutnick (pty:dft), Attorney Joseph E. Borson added to party National Oceanic and Atmospheric Administration(pty:dft), Attorney Joseph E. Borson added to party National Science Foundation(pty:dft), Attorney Joseph E. Borson added to party Brian Stone(pty:dft), Attorney Joseph E. Borson added to party United States Department of Commerce (pty:dft), Attorney Joseph E. Borson added to party United States Office of Management and Budget (pty:dft), Attorney Joseph E. Borson added to party Russell Vought(pty:dft) (Borson, Joseph) |
| Filing 22 BRIEF in Opposition to #21 MOTION for Extension of Time to Motion to Set Default Schedule to Brief Plaintiff's Motions for Preliminary Injunction and Expedited Discovery (ECF 18, 19) filed by Plaintiff University Corporation for Atmospheric Research. (Attachments: #1 Affidavit Declaration of Bram M. Alden, #2 Exhibit A to Alden Declaration, #3 Exhibit B to Alden Declaration, #4 Exhibit C to Alden Declaration, #5 Exhibit D to Alden Declaration, #6 Exhibit E to Alden Declaration)(Alden, Bram) |
| Filing 26 ***Public Entry re: #20 Motion to Restrict. Text Only Entry. (anewt,) |
| Filing 21 MOTION for Extension of Time to Motion to Set Default Schedule to Brief Plaintiff's Motions for Preliminary Injunction and Expedited Discovery (ECF 18, 19) by Defendants Neil Jacobs, Howard Lutnick, National Oceanic and Atmospheric Administration, National Science Foundation, Brian Stone, United States Department of Commerce, United States Office of Management and Budget, Russell Vought. (Attachments: #1 Exhibit A (Mar. 27, 2026 Correspondence))(Kies, Marianne) |
| Filing 20 RESTRICTED DOCUMENT - Level 1: PLAINTIFF UNIVERSITY CORPORATION FOR ATMOSPHERIC RESEARCHS UNOPPOSED MOTION TO RESTRICT THE DECLARATION OF DAVID DOTY AND ITS ACCOMPANYING EXHIBITS AND THE DECLARATION OF JASEN BOYINGTON, BOTH IN SUPPORT OF PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION by Plaintiff University Corporation for Atmospheric Research.. (Attachments: #1 Affidavit Declaration of Jasen Boyington UNREDACTED (file under seal), #2 Affidavit Declaration of David Doty (file under seal, #3 Exhibit A.1 to Doty Declaration, #4 Exhibit A.2 to Doty Declaration, #5 Exhibit A.3 to Doty Declaration, #6 Exhibit A.4 to Doty Declaration, #7 Exhibit B.1 to Doty Declaration, #8 Exhibit B.2 to Doty Declaration, #9 Exhibit C.1 to Doty Declaration, #10 Exhibit C.2 to Doty Declaration, #11 Exhibit D.1 to Doty Declaration, #12 Exhibit D.2 to Doty Declaration, #13 Exhibit E.1 to Doty Declaration, #14 Exhibit E.2 to Doty Declaration, #15 Exhibit F.1 to Doty Declaration, #16 Exhibit F.2 to Doty Declaration, #17 Exhibit G.1 to Doty Declaration, #18 Exhibit G.2 to Doty Declaration, #19 Proposed Order (PDF Only))(Alden, Bram) |
| Filing 19 MOTION to Expedite PLAINTIFFS MOTION FOR EXPEDITED BRIEFING SCHEDULE AND LIMITED DISCOVERY IN SUPPORT OF PRELIMINARY INJUNCTION by Plaintiff University Corporation for Atmospheric Research. (Attachments: #1 Proposed Order (PDF Only))(Alden, Bram) |
| Filing 18 MOTION for Preliminary Injunction by Plaintiff University Corporation for Atmospheric Research. (Attachments: #1 Affidavit DECLARATION OF ANTONIO J. BUSALACCHI, JR., #2 Exhibit A to DECLARATION OF ANTONIO J. BUSALACCHI, JR., #3 Affidavit Declaration of Everette Joseph, #4 Exhibit A to Declaration of Everette Joseph, #5 Exhibit B to Declaration of Everette Joseph, #6 Exhibit C to Declaration of Everette Joseph, #7 Affidavit Declaration of Ian McPherson, #8 Exhibit A to Declaration of Ian McPherson, #9 Exhibit B to Declaration of Ian McPherson, #10 Exhibit C to Declaration of Ian McPherson, #11 Exhibit D to Declaration of Ian McPherson, #12 Exhibit E to Declaration of Ian McPherson, #13 Affidavit Declaration of Jasen Boyington (REDACTED))(Alden, Bram) |
| Filing 17 NOTICE of Entry of Appearance of Emilie Miner by Bram M. Alden on behalf of University Corporation for Atmospheric Research (Alden, Bram) |
| Filing 16 NOTICE of Entry of Appearance of Austin Reagan by Bram M. Alden on behalf of University Corporation for Atmospheric Research (Alden, Bram) |
| Filing 15 NOTICE of Entry of Appearance by Alexander J. Severance on behalf of All Defendants Attorney Alexander J. Severance added to party Neil Jacobs(pty:dft), Attorney Alexander J. Severance added to party Howard Lutnick (pty:dft), Attorney Alexander J. Severance added to party National Oceanic and Atmospheric Administration(pty:dft), Attorney Alexander J. Severance added to party National Science Foundation(pty:dft), Attorney Alexander J. Severance added to party Brian Stone(pty:dft), Attorney Alexander J. Severance added to party United States Department of Commerce (pty:dft), Attorney Alexander J. Severance added to party United States Office of Management and Budget (pty:dft), Attorney Alexander J. Severance added to party Russell Vought(pty:dft) (Severance, Alexander) |
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Filing 14
MINUTE ORDER The Court orders that the parties confer and attempt to agree on a schedule and then file a proposed scheduling order no later than 45 days after the answer, motion to dismiss, or other response to the complaint is filed pointing out any areas of disagreement. The parties shall email the proposed order to [email protected] in Word format and e-file it into CM/ECF. Without holding a Scheduling Conference, the Court will review and enter the order making such amendments and rulings as are appropriate and will provide the parties with potential trial preparation conference and trial dates for you to choose from. If the parties prefer that the Court hold a Scheduling Conference, please notify Chambers by email by the date the proposed scheduling order is due, and the Court's staff will provide the parties with a Scheduling Conference date. The proposed scheduling order should be prepared as described in the Local Rules. Instructions for the preparation of a scheduling order and a form scheduling order can be downloaded from the Courts website: http://www.cod.uscourts.gov/CourtOperations/RulesProcedures/Forms.aspx. by Judge R. Brooke Jackson on 3/20/26. Text Only Entry (rbjlc8, )
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| Filing 13 NOTICE of Entry of Appearance by Marianne F. Kies on behalf of All Defendants Attorney Marianne F. Kies added to party Neil Jacobs(pty:dft), Attorney Marianne F. Kies added to party Howard Lutnick (pty:dft), Attorney Marianne F. Kies added to party National Oceanic and Atmospheric Administration(pty:dft), Attorney Marianne F. Kies added to party National Science Foundation(pty:dft), Attorney Marianne F. Kies added to party Brian Stone(pty:dft), Attorney Marianne F. Kies added to party United States Department of Commerce (pty:dft), Attorney Marianne F. Kies added to party United States Office of Management and Budget (pty:dft), Attorney Marianne F. Kies added to party Russell Vought(pty:dft) (Kies, Marianne) |
| Filing 12 CASE REASSIGNED Pursuant to #10 Consent to Jurisdiction of Magistrate Judge. All parties do not consent, therefore, this case is randomly reassigned to Judge R. Brooke Jackson, and drawn to Magistrate Judge Cyrus Y. Chung for all future pleadings. All future pleadings should be designated as 26-cv-01061-RBJ. (Text Only Entry) (agryan) |
| Filing 11 NOTICE OF CASE ASSOCIATION by Michael M. Purpura on behalf of University Corporation for Atmospheric Research (Purpura, Michael) |
| Filing 10 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff University Corporation for Atmospheric Research All parties do not consent.. (Purpura, Michael) |
| Filing 9 SUMMONS Returned Executed upon defendant(s) Neil Jacobs served on 3/17/2026, answer due 5/18/2026; Howard Lutnick served on 3/17/2026, answer due 5/18/2026; National Oceanic and Atmospheric Administration served on 3/17/2026, answer due 5/18/2026; National Science Foundation served on 3/17/2026, answer due 5/18/2026; Brian Stone served on 3/17/2026, answer due 5/18/2026; United States Department of Commerce served on 3/17/2026, answer due 5/18/2026; United States Office of Management and Budget served on 3/17/2026, answer due 5/18/2026; Russell Vought served on 3/17/2026, answer due 5/18/2026. (Attachments: #1 Affidavit of Service)(Purpura, Michael) |
| Filing 7 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (ggill, ) |
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Filing 6
ORDER DIRECTING REASSIGNMENT. IT IS ORDERED that the clerk shall assign this case to a judge for resolution on the merits under the random assignment procedure of D.C.COLO.LCiv.R 40.1. (Case randomly reassigned to Magistrate Judge Cyrus Y. Chung for all further proceedings. All future pleadings shall be designated to 26-cv-01061-CYC). By Judge Robert E. Blackburn on 3/17/2026. (ggill, )
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| Filing 8 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #2 Notice of Entry of Appearance filed by attorney Bram M. Alden. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through PACER pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (ggill, ) |
| Filing 5 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #1 Complaint,,,, filed by attorney Michael M. Purpura. Attorney has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must affix an electronic s/signature and s/followed by a typed, not an inked, signature to all future documents. (Text Only Entry) (dhern, ) |
| Filing 4 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons, #10 Magistrate Judge Consent Form) (dhern, ) |
| Filing 3 Case assigned to Judge Robert E. Blackburn. Text Only Entry. (dhern, ) |
| Filing 2 NOTICE of Entry of Appearance by Bram M. Alden on behalf of University Corporation for Atmospheric ResearchAttorney Bram M. Alden added to party University Corporation for Atmospheric Research(pty:pla) (Alden, Bram) |
| Filing 1 COMPLAINT against Neil Jacobs, Howard Lutnick, National Oceanic and Atmospheric Administration, National Science Foundation, Brian Stone, UNITED STATES DEPARTMENT OF COMMERCE, UNITED STATES OFFICE OF MANAGEMENT AND BUDGET, Russell Vought (Filing fee $ 405,Receipt Number ACODC-10882565)Attorney Michael M. Purpura added to party University Corporation for Atmospheric Research(pty:pla), filed by University Corporation for Atmospheric Research. (Attachments: #1 Exhibit 1 - Dear Colleague Letter, #2 Exhibit 2 - Cooperative Agreement, #3 Exhibit 3 - Letter, #4 Exhibit 4 - Letter, #5 Exhibit 5 - Email, #6 Exhibit 6 - Letter, #7 Exhibit 7 - Award Termination Letter, #8 Exhibit 8 - Appeal Letter, #9 Exhibit 9 - Appeal Response Email, #10 Exhibit 10 - Email, #11 Exhibit 11 - Letter, #12 Exhibit 12 - FATC Modifications, #13 Summons, #14 Summons, #15 Summons, #16 Summons, #17 Summons, #18 Summons, #19 Summons, #20 Summons, #21 Summons, #22 Summons, #23 Civil Cover Sheet)(Purpura, Michael) |
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