SMITH v. ATHENA CONSTRUCTION GROUP, INC.
| WILLIAM SMITH |
| AMBER PEEBLES, ATHENA CONSTRUCTION GROUP, INC., MELISSA SCHNEIDER, CLARK CONSTRUCTION COMPANY, TURNER CONSTRUCTION COMPANY, BALFOUR BEATTY CONSTRUCTION COMPANY, INC., COAKLEY & WILLIAMS CONSTRUCTION, INC., GILBANE BUILDING COMPANY, BARTON MALOW COMPANY, CLARK/BALFOUR BEATTY-NCE, CDM SMITH/COAKLEY WILLIAMS JV, HENSEL PHELPS CONSTRUCTION CO., COMPONENT ASSEMBLY SYSTEMS, INC., CDM SMITH INC., COMMONWEALTH WALL SYSTEMS, LLC and TURNER/GILBANE JV |
| UNITED STATES OF AMERICA |
| JOHN DOES |
| 1:2018cv02080 |
| August 29, 2018 |
| US District Court for the District of Columbia |
| Amit P Mehta |
| Qui Tam (31 U.S.C. § 3729(a)) |
| 31 U.S.C. § 3729 |
| Plaintiff |
Docket Report
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Filing 41
SEALED DOCUMENT filed by WILLIAM SMITH(This document is SEALED and only available to authorized persons.) (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11, #12 Exhibit Exhibit 12, #13 Exhibit Exhibit 13, #14 Exhibit Exhibit 14, #15 Exhibit Exhibit 15, #16 Exhibit Exhibit 16, #17 Exhibit Exhibit 17, #18 Exhibit Exhibit 18, #19 Exhibit Exhibit 19, #20 Exhibit Exhibit 20, #21 Exhibit Exhibit 21, #22 Exhibit Exhibit 22, #23 Exhibit Exhibit 23, #24 Exhibit Exhibit 24, #25 Exhibit Exhibit 25, #26 Exhibit Exhibit 26, #27 Exhibit Exhibit 27, #28 Exhibit Exhibit 28, #29 Exhibit Exhibit 29, #30 Exhibit Exhibit 30, #31 Exhibit Exhibit 31, #32 Exhibit Exhibit 32, #33 Exhibit Exhibit 33, #34 Exhibit Exhibit 34, #35 Exhibit Exhibit 35, #36 Exhibit Exhibit 36, #37 Exhibit Exhibit 37, #38 Exhibit Exhibit 38, #39 Exhibit Exhibit 39, #40 Exhibit Exhibit 40, #41 Exhibit Exhibit 41, #42 Exhibit Exhibit 42, #43 Exhibit Exhibit 43, #44 Exhibit Exhibit 44, #45 Exhibit Exhibit 45, #46 Exhibit Exhibit 46, #47 Exhibit Exhibit 47, #48 Exhibit Exhibit 48, #49 Exhibit Exhibit 49, #50 Exhibit Exhibit 50, #51 Exhibit Exhibit 51, #52 Exhibit Exhibit 52, #53 Exhibit Exhibit 53, #54 Exhibit Exhibit 54, #55 Exhibit Exhibit 55, #56 Exhibit Exhibit 56, #57 Exhibit Exhibit 57, #58 Exhibit Exhibit 58, #59 Exhibit Exhibit 59, #60 Exhibit Exhibit 60, #61 Exhibit Exhibit 61, #62 Exhibit Exhibit 62, #63 Exhibit Exhibit 63, #64 Exhibit Exhibit 64, #65 Exhibit Exhibit 65, #66 Exhibit Exhibit 66, #67 Exhibit Exhibit 67, #68 Exhibit Exhibit 68, #69 Exhibit Exhibit 69, #70 Exhibit Exhibit 70, #71 Exhibit Exhibit 71, #72 Exhibit Exhibit 72, #73 Exhibit Exhibit 73, #74 Exhibit Exhibit 74, #75 Exhibit Exhibit 75, #76 Exhibit Exhibit 76, #77 Exhibit Exhibit 77, #78 Exhibit Exhibit 78, #79 Exhibit Exhibit 79, #80 Exhibit Exhibit 80, #81 Exhibit Exhibit 81, #82 Exhibit Exhibit 82, #83 Exhibit Exhibit 83)(Simmer, W.)
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Filing 40
SEALED ORDER re 39 Sealed Document filed by UNITED STATES OF AMERICA.(This document is SEALED and only available to authorized persons.)Signed by Judge Amit P. Mehta on 10/19/2018.(zjd)
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MINUTE ORDER. In view of the Government's request for an additional investigatory period of four months to consider the new allegations contained in Plaintiff's proposed Second Amended Complaint, see ECF Nos. 38-39, Plaintiff is hereby directed to file his Second Amended Complaint under seal. A decision about further proceedings in this matter will be made after the Government decides whether to intervene. Signed by Judge Amit P. Mehta on 10/19/2018. (lcapm1)
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Filing 38
NOTICE Regarding Relator's Proposed Second Amended Complaint by UNITED STATES OF AMERICA (Truong, John)
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Minute Entry for proceedings held before Judge Amit P. Mehta: Telephone Conference held on 9/28/2018. Government's Notice due by 10/17/2018. (Court Reporter: William Zaremba) (zjd)
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MINUTE ORDER denying Defendant's #32 Motion for Briefing Schedule and Plaintiff's #34 Motion for Briefing Schedule. Pursuant to the telephone conference held on this date, Plaintiff shall provide ex parte a copy of his proposed Second Amended Complaint to government counsel for review no later than October 3, 2018. On or before October 17, 2018, government counsel shall notify the court, by public filing, whether the nature of the allegations in the proposed Second Amended Complaint are such that the government believes a new investigatory period is warranted. Signed by Judge Amit P. Mehta on 09/28/2018. (lcapm1)
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Filing 37
Declaration re #36 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Glenn A. Ellis, :Firm- Freiwald Law, P.C., :Address- 1500 Walnut Street, 18th Floor, Philadelphia, PA 19102. Phone No. - 215-875-8000. Fax No. - gae@freiwaldlaw.com Filing f Supplement to Motion for Leave to Appear Pro Hac Vice with Glenn A. Ellis Declaration by WILLIAM SMITH (Simmer, W.) Modified on 10/1/2018 to correct docket text/event (jf).
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MINUTE ORDER. Before the court considers the #36 Motion for Leave to Appear Pro Hac Vice, the movant must attach a declaration, signed by the non-member seeking to appear pro hac vice, that complies with the requirements set forth in Local Civil Rule 83.2(d). If the movant fails to submit such a declaration, the court will deny the motion. Signed by Judge Amit P. Mehta on 09/26/2018. (lcapm1)
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MINUTE ORDER granting #37 Motion to Amend/Correct Motion for Leave to Appear Pro Hac Vice and #36 Motion for Leave to Appear Pro Hac Vice. Attorney Glenn Andrew Ellis is hereby admitted pro hac vice to appear in this matter. Signed by Judge Amit P. Mehta on 09/26/2018. (lcapm1)
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Filing 36
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Glenn A. Ellis, :Firm- Freiwald Law, P.C., :Address- 1500 Walnut Street, 18th Floor, Philadelphia, PA 19102. Phone No. - 215-875-8000. Fax No. - gae@freiwaldlaw.com Filing fee $ 100, receipt number 0090-5705784. Fee Status: Fee Paid. by WILLIAM SMITH (Attachments: #1 Text of Proposed Order)(Simmer, W.)
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Filing 35
Memorandum in opposition to re #34 MOTION for Briefing Schedule filed by ATHENA CONSTRUCTION GROUP, INC.. (Attachments: #1 Exhibit A)(Craig, Thomas)
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MINUTE ORDER scheduling telephone conference for September 28, 2018, at 10:00 a.m. Signed by Judge Amit P. Mehta on 09/25/2018. (lcapm1)
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Set/Reset Hearings: Telephone Conference scheduled for 9/28/2018, at 10:00 AM before Judge Amit P. Mehta. (tg)
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Filing 34
MOTION for Briefing Schedule by WILLIAM SMITH (Attachments: #1 Exhibit A - Letter from DOJ to Relator, #2 Exhibit B - Text of Proposed Order)(Simmer, W.)
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Filing 33
NOTICE of Appearance by W. Scott Simmer on behalf of WILLIAM SMITH (Simmer, W.)
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Filing 32
MOTION for Briefing Schedule by ATHENA CONSTRUCTION GROUP, INC. (Attachments: #1 Text of Proposed Order)(Craig, Thomas)
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Filing 31
NOTICE of Appearance by Andrew Michael Miller on behalf of WILLIAM SMITH (Miller, Andrew)
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Set/Reset Deadlines: Proposed Briefing Schedule due by 9/21/2018. (zjd)
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MINUTE ORDER. On or before September 21, 2018, the parties shall submit a proposed briefing schedule for any renewed motion to dismiss by Defendant pursuant to Federal Rules of Civil Procedure 9(b) and 12(b)(6). Signed by Judge Amit P. Mehta on 09/19/2018. (lcapm1)
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Filing 30
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Milton C. Johns, :Firm- FH+H, PLLC, :Address- 1751 Pinnacle Drive Suite 1000, Tysons, VA 22102. Phone No. - 7035901234. Fax No. - 7035900366 Filing fee $ 100, receipt number 0090-5681332. Fee Status: Fee Paid. by ATHENA CONSTRUCTION GROUP, INC. (Attachments: #1 Exhibit Exhibit A, #2 Text of Proposed Order Proposed Order)(Craig, Thomas)
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MINUTE ORDER granting #30 Motion for Leave to Appear Pro Hac Vice. Attorney Milton C. Johns is hereby admitted pro hac vice to appear in this matter. Signed by Judge Amit P. Mehta on 09/10/2018. (lcapm1)
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Filing 29
NOTICE of Appearance by Thomas M. Craig on behalf of ATHENA CONSTRUCTION GROUP, INC. (Craig, Thomas)
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Filing 28
NOTICE of Appearance by John Cuong Truong on behalf of UNITED STATES OF AMERICA (Truong, John)
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Filing 27
Case transferred in from District of Pennsylvania Middle; Case Number 1:17-cv-00060. Original file certified copy of transfer order and docket sheet received.
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Filing 26
ORDER: In accord with the accompanying Memorandum #25 ; Dft's mtn to Dismiss #17 is Denied. The clerk shall transfer this case to the USDC for the District of Columbia.Signed by Honorable Sylvia H. Rambo on 8/29/18. (ma) [Transferred from Pennsylvania Middle on 9/5/2018.]
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Filing 25
MEMORANDUM re MOTION to Dismiss #17 (Order to follow as separate docket entry) Signed by Honorable Sylvia H. Rambo on 8/29/18. (ma) [Transferred from Pennsylvania Middle on 9/5/2018.]
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Filing 24
NOTICE of Change of Address by Stephen G. Rhoads (Attachments: #1 Certificate of Service)(Rhoads, Stephen) [Transferred from Pennsylvania Middle on 9/5/2018.]
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Filing 23
SPECIAL ADMISSIONS FORM APPROVED as to Andrew Miller, Esq. on behalf of William SmithSigned by Honorable Sylvia H. Rambo on 5/7/18. (ma) [Transferred from Pennsylvania Middle on 9/5/2018.]
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Filing 22
SPECIAL ADMISSIONS FORM APPROVED as to Scott Simmer, Esq. on behalf of William SmithSigned by Honorable Sylvia H. Rambo on 5/7/18. (ma) [Transferred from Pennsylvania Middle on 9/5/2018.]
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Filing 21
PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by William S Simmer on behalf of United States Of America ex rel. William "Bill" Smith . Attorney W. Scott Simmer is seeking special admission. Filing fee $ 50, receipt number 0314-4418424. (Simmer, William) [Transferred from Pennsylvania Middle on 9/5/2018.]
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Filing 20
PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Andrew M Miller on behalf of United States Of America ex rel. William "Bill" Smith - Attorney Andrew Miller is seeking special admission. Filing fee $ 50, receipt number 0314-4418410. (Miller, Andrew) [Transferred from Pennsylvania Middle on 9/5/2018.]
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Filing 19
BRIEF IN OPPOSITION re #17 MOTION to Dismiss Amended Complaint filed by United States Of America. (Attachments: #1 In Opposition)(Freiwald, Aaron) [Transferred from Pennsylvania Middle on 9/5/2018.]
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Filing 18
BRIEF IN SUPPORT re #17 MOTION to Dismiss Amended Complaint filed by Athena Construction Group, Inc., Amber Peebles, Melissa Schneider. (Attachments: #1 Certificate of Concurrence)(Rhoads, Stephen) [Transferred from Pennsylvania Middle on 9/5/2018.]
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DOCKET ANNOTATION: Counsel is advised to re-file only the Brief in Support of Motion to Dismiss Amended Complant as a seperate document using event: Civil Events Motions and Related Filings Responses and Replies (Briefs) Brief in Support (Do not use for Summary Judgment Motions). Counsel is further advised to file a Certificate of Concurrence/Non-Concurrence for Doc. 17. (dmn) [Transferred from Pennsylvania Middle on 9/5/2018.]
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Filing 17
MOTION to Dismiss Amended Complaint by Athena Construction Group, Inc.. (Attachments: #1 Proposed Order, #2 Affidavit Service)(Rhoads, Stephen) [Transferred from Pennsylvania Middle on 9/5/2018.]
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Filing 16
BRIEF IN OPPOSITION re #11 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction filed by United States Of America. (Attachments: #1 Exhibit(s))(Freiwald, Aaron) [Transferred from Pennsylvania Middle on 9/5/2018.]
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Filing 15
AMENDED COMPLAINT against All Defendants, filed by United States Of America.(Freiwald, Aaron) [Transferred from Pennsylvania Middle on 9/5/2018.]
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Filing 14
SPECIAL ADMISSIONS FORM APPROVED as to Milton Johns, Esq. on behalf of dtsSigned by Honorable Sylvia H. Rambo on 11/6/17. (ma) [Transferred from Pennsylvania Middle on 9/5/2018.]
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DOCKET ANNOTATION: Petitioner Johns & Associate Counsel Rhoads- Bar Status Verified. (ve) [Transferred from Pennsylvania Middle on 9/5/2018.]
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Filing 13
PETITION FOR SPECIAL ADMISSION- Pro Hac Vice - Attorney Milton Johns is seeking special admission. Filing fee $ 50, receipt number 0314-4245519 (Rhoads, Stephen) [Transferred from Pennsylvania Middle on 9/5/2018.]
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Filing 12
BRIEF IN SUPPORT re #11 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction filed by Athena Construction Group, Inc., Amber Peebles, Melissa Schneider.(Rhoads, Stephen) [Transferred from Pennsylvania Middle on 9/5/2018.]
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DOCKET ANNOTATION: Counsel is advised to file the Memorandum to Doc. 11 as a separate entry using the event: Brief in Support. (ve) [Transferred from Pennsylvania Middle on 9/5/2018.]
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Filing 11
MOTION to Dismiss , MOTION to Dismiss for Lack of Jurisdiction by Athena Construction Group, Inc., Amber Peebles, Melissa Schneider. (Attachments: #1 Memo, #2 Affidavit, #3 Proposed Order, #4 Certificate of Nonconcurrence)(Rhoads, Stephen) [Transferred from Pennsylvania Middle on 9/5/2018.]
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Filing 10
Summons Issued as to Athena Construction Group, Inc., Amber Peebles, Melissa Schneider and provided TO ATTORNEY ELECTRONICALLY VIA ECF for service on Defendant(s)in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure. (NOTICE TO ATTORNEYS RECEIVING THE SUMMONS ELECTRONICALLY: You must print the summons and the attachment when you receive it in your e-mail and serve them with the complaint on all defendants in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure). (Attachments: #1 Service Documents) (ma) [Transferred from Pennsylvania Middle on 9/5/2018.]
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Filing 9
ORDER: 1. The complaint #1 be unsealed and served upn the dfts by the relator; 2. All other contents of the court's file in this action remain sealed but for this order #9 and the Gvt's notice of election #8 ; 3. The seal be lifted as to all other matters occuring in this action after the date of this order; 4. Parties shall serve all pleadings and mtns filed in this case action. The U.S. may order any deposition transcripts and is entitled to intervene in this action for good causeeeee at any time; 5. All orders of this court shall be sent to the U.S.Signed by Honorable Sylvia H. Rambo on 9/12/17. (ma) [Transferred from Pennsylvania Middle on 9/5/2018.]
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Filing 8
The Government's NOTICE of Election to Decline Intervention by United States Of America (Attachments: #1 Proposed Order)(cl) [Transferred from Pennsylvania Middle on 9/5/2018.]
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Filing 6
EX PARTE APPLICATION FOR EXTENSION OF TIME TO DETERMINE WHETHER TO INTERVENE by United States Of America. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(bg) [Transferred from Pennsylvania Middle on 9/5/2018.]
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Filing 5
NOTICE of Appearance by Glenn A. Ellis on behalf of William Smith. (aaa) [Transferred from Pennsylvania Middle on 9/5/2018.]
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Filing 4
SPECIAL ADMISSIONS FORM APPROVED as to Glenn Ellis, Esq. on behalf of pltfSigned by Honorable Sylvia H. Rambo on 2/6/17. (ma) [Transferred from Pennsylvania Middle on 9/5/2018.]
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Filing 3
PETITION FOR SPECIAL ADMISSION (PRO HAC VICE)- Attorney Glenn Ellis is seeking special admission. Filing fee $ 50 Receipt Number: 111020007 (ve) [Transferred from Pennsylvania Middle on 9/5/2018.]
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Receipt of payment from USA ex rel. WILLIAM SMITH in the amount of $400.00 for CIVIL FILING FEE. Transaction posted on 1/10/2017. Receipt number 111019907 processed by vyinger. (jjs, ) [Transferred from Pennsylvania Middle on 9/5/2018.]
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Filing 2
Summons Issued as to All Defendants and provided TO ATTORNEY ELECTRONICALLY VIA ECF for service on Defendant(s)in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure. (NOTICE TO ATTORNEYS RECEIVING THE SUMMONS ELECTRONICALLY: You must print the summons and the attachment when you receive it in your e-mail and serve them with the complaint on all defendants in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure). (Attachments: #1 Civil Cover Sheet) (pjr) [Transferred from Pennsylvania Middle on 9/5/2018.]
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Filing 1
COMPLAINT against All Defendants ( Filing fee $400, Receipt Number 111019907) filed by United States Of America. (Attachments: #1 Civil Cover Sheet)(pjr) [Transferred from Pennsylvania Middle on 9/5/2018.]
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SPECIAL ADMISSION FORM SENT to Glenn Ellis. (pjr) [Transferred from Pennsylvania Middle on 9/5/2018.]
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