Hall v. Poppell et al

Plaintiff: Wendall Hall
Defendant: Donald Sawyer, Chad Poppell, Elizabeth Porfert, Patrick McCawley and Jon Carner
Case Number: 2:2020cv00380
Filed: May 26, 2020
Court: US District Court for the Middle District of Florida
Presiding Judge: Mac R McCoy
Referring Judge: John E Steele
Nature of Suit: Prisoner Petitions: Civil Detainee: Conditions of Confinement
Cause of Action: 42 U.S.C. § 1983 Prisoner Civil Rights
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 26, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 26, 2023 Filing 83 OPINION/ORDER of USCA as to #79 Notice of Appeal filed by Wendall Hall. Opinion issued by court as to Appellant Wendall Jermaine Hall. Decision: Affirmed. Opinion type: Non-Published. Opinion method: Per Curiam. EOD: 09/26/2023; Mandate to issue at a later date. USCA number: 22-12184-HH. (JK)
May 9, 2023 Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Middle District of Florida certifies that the record is complete for the purposes of this appeal re: #79 Notice of Appeal. All documents are imaged and available for the USCA to retrieve electronically. USCA number: 22-12184-HH (SEH)
July 1, 2022 Filing 82 ORDER denying #80 Motion for Leave to Appeal In Forma Pauperis. The Clerk shall send a copy of this Order to the Eleventh Circuit. Signed by Judge John E. Steele on 7/1/2022. (RKR)
June 29, 2022 Filing 81 TRANSMITTAL of initial appeal package to USCA consisting of copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re #79 Notice of Appeal. (SPB)
June 27, 2022 Filing 80 MOTION to Appeal In Forma Pauperis by Wendall Hall. (Attachments: #1 Mailing Envelope)(SPB)
June 27, 2022 Filing 79 NOTICE OF APPEAL as to #78 Judgment - prisoner, #77 Order on Motion for Summary Judgment, by Wendall Hall. Filing fee not paid. (Attachments: #1 Mailing Envelope)(SPB)
June 17, 2022 Filing 78 JUDGMENT in favor of Defendants against Plaintiff (Signed by Deputy Clerk) (JK)
June 17, 2022 Filing 77 OPINION AND ORDER granting #73 Motion for Summary Judgment. The Clerk shall enter Judgment dismissing as premature all claims based upon the defendants' alleged fabrication of disciplinary reports and denying on the merits all claims based upon inadequate procedural due process. The Clerk shall further terminate all pending matters and close the case. Signed by Judge John E. Steele on 6/17/2022. (RKR)
May 11, 2022 Filing 76 ORDER denying #69 Motion to Set Aside Judgment. Signed by Judge John E. Steele on 5/11/2022. (RKR)
April 7, 2022 Filing 75 RESPONSE to Motion re #73 MOTION for Summary Judgment filed by Wendall Hall. (Attachments: #1 Appendix, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Mailing Envelope)(JK)
March 25, 2022 Filing 74 SUMMARY JUDGMENT NOTICE AND COURTESY COPIES re #73 MOTION for Summary Judgment (JK)
March 24, 2022 Filing 73 MOTION for Summary Judgment by Jon Carner, Patrick McCawley, Elizabeth Porfert. (Attachments: #1 Exhibit A-Affidavit of Jon Carner, #2 Exhibit B-Affidavit of Dakota Linder, #3 Exhibit C-Incident Report Officer White 050120, #4 Exhibit D-Incident Report Porfert 050120, #5 Exhibit E-Notice of Violation and Behavior Management (Linder), #6 Exhibit F-Camera Review Form Mark Snyder 050520, #7 Exhibit G-Behavior Management Hearing Disposition form (Captain Rivers), #8 Exhibit H-Addendum for Signature form, #9 Exhibit I-Behavior Management Report (McCawley), #10 Exhibit J-Notice of Violation and Behavior Management, #11 Exhibit K- Behavior Management Hearing Disposition form (Captain Rivers), #12 Exhibit L-Addendum for Signature form)(Kummerlen, Gregory)
February 14, 2022 Filing 72 NOTICE to the Courts to take judicial notice regarding #69 MOTION to Set Aside Judgment by Wendall Hall. (Attachments: #1 Exhibit, #2 Mailing Envelope)(JK)
February 9, 2022 Filing 71 NOTICE to the Courts to take judicial notice regarding attachment by Wendall Hall. (Attachments: #1 Attachment, #2 Mailing Envelope)(JK)
February 7, 2022 Filing 70 NOTICE of Filing and Notice to the Courts to take judicial notice regarding by Wendall Hall. (Attachments: #1 Written Depo Questions, #2 Attachment, #3 Mailing Envelope)(JK)
February 2, 2022 Filing 69 MOTION to Set Aside Judgment or for Reconsideration re: #46 OPINION AND ORDER by Wendall Hall. (Attachments: #1 Exhibit Composite, #2 Mailing Envelope)(JK) Modified to create link between docket entries per KM on 2/4/2022 (JK).
January 24, 2022 Filing 68 NOTICE of compliance re #55 Order on Motion to Strike by Wendall Hall (Attachments: #1 Mailing Envelope)(JK)
January 21, 2022 Filing 67 USCA ORDER dismissing Petition for Writ of Mandamus to the District Court. Pursuant to the 11th Cir. R. 42-1(b), this petition is hereby DISMISSED for want of prosecution because the Petitioner Wendall Jermaine Hall failed to pay the filing and docketing fees to the clerk of this court within the time fixed by the rules. Signed by USCA Judge. Entered on docket 1/14/2022. USCA number: 21-13209-J. (LMF)
December 15, 2021 Filing 66 CERTIFICATE of compliance re #65 Order on Motion for Extension of Time to Complete Discovery Order on Motion for Miscellaneous Relief by Jon Carner, Patrick McCawley, Elizabeth Porfert. (Kummerlen, Gregory)
December 8, 2021 Filing 65 ORDER granting #56 Motion for Extension of Time to Complete Discovery and #61 Motion for Extension of Time to Complete Discovery to the extent that Plaintiff shall have through 1/21/2022 to complete discovery, all motions related to discovery shall be filed no later than 10 days thereafter. All motions to dismiss/summary judgment shall be filed by 3/25/2022, the motion is otherwise denied; Within 10 days Defendants are directed to ensure that Plaintiff has paper copies of his own legal documents that are currently store on confiscated devices; denying as moot #62 Motion to accept reply. Signed by Magistrate Judge Mac R. McCoy on 12/8/2021. (KLM)
December 7, 2021 Filing 64 AFFIDAVIT of Wendall Hall by Wendall Hall. (jmc)
December 7, 2021 Filing 63 NOTICE to the Courts to take judicial notice regarding attached case by Wendall Hall. (jmc)
December 7, 2021 Filing 62 MOTION for Miscellaneous Relief, specifically to accept Plaintiff's Reply to Defendant's Response to Plaintiff's Motion for Extension of Time #59 and Plaintiff's Reply to Defendant's Response or Motion for Order #56 by Wendall Hall. (Attachments: #1 Mailing Envelope)(jmc) Motions referred to Magistrate Judge Mac R. McCoy.
November 24, 2021 Filing 61 MOTION for Extension of Time to Complete Discovery, MOTION for Miscellaneous Relief, specifically for Order or Recommendation for DCCC to Return Items by Wendall Hall. (Attachments: #1 Mailing Envelope)(jmc) Motions referred to Magistrate Judge Mac R. McCoy.
November 24, 2021 Filing 60 NOTICE to the Court by Wendall Hall (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Mailing Envelope)(jmc)
November 19, 2021 Filing 59 RESPONSE to Motion re #56 MOTION for Extension of Time to Complete Discovery filed by Jon Carner, Patrick McCawley, Elizabeth Porfert. (Attachments: #1 Exhibit A-Affidavit Jon Carner)(Kummerlen, Gregory)
November 16, 2021 Filing 58 USCA ORDER denying Petition for Writ of Mandamus to the District Court. ORDER: Motion to proceed in forma pauperis filed by Petitioner Wendall Jermaine Hall is DENIED, as his mandamus petition is frivolous. Signed by USCA Judge. Entered on docket 11/16/2021. USCA number: 21-13209-J. (LMF)
November 9, 2021 Filing 57 ORDER directing Jon Carner, Patrick McCawley, Elizabeth Porfert to respond to #56 MOTION for Extension of Time to Complete Discovery within 10 days from the date of this Order. Signed by Magistrate Judge Mac R. McCoy on 11/9/2021. (KLM)
November 5, 2021 Filing 56 MOTION for Order or Recommendation and/or MOTION for Extension of Time to Complete Discovery or declaring rights to plaintiff by Wendall Hall. (Attachments: #1 Mailing Envelope)(SPB) Motions referred to Magistrate Judge Mac R. McCoy.
October 26, 2021 Filing 55 ORDER granting #53 Motion to Strike. If Plaintiff wishes to conduct a written deposition of Mr. Sawyer, he must review and comply with Rules 28, 30, 21, and 45 of the Federal Rules of Civil Procedure. Signed by Magistrate Judge Mac R. McCoy on 10/26/2021. (KLM)
October 20, 2021 Filing 54 RESPONSE to Motion re #53 MOTION to Strike Plaintiff's Interrogatories to Sawyer dated 9/19/21 filed by Wendall Hall. (Attachments: #1 Mailing Envelope)(SPB)
October 7, 2021 Filing 53 MOTION to Strike Plaintiff's Interrogatories to SAWYER dated 9/19/21 by Jon Carner, Patrick McCawley, Elizabeth Porfert. (Attachments: #1 Exhibit A-Plaintiff's Interrogatories to SAWYER dated 9/19/21)(Kummerlen, Gregory) Motions referred to Magistrate Judge Mac R. McCoy.
September 8, 2021 Filing 52 ORDER denying #50 Motion for Reconsideration / Clarification. Signed by Judge John E. Steele on 9/8/2021. (RKR)
September 7, 2021 Filing 51 ORDER TO CONDUCT DISCOVERY. The parties are directed to conduct discovery so that the due date of any discovery requested shall be no later than 11/8/2021. Any motions relating to discovery shall be filed no later than 10 days thereafter. All motions to dismiss and/or for summary judgment shall be filed by 2/7/2022. Signed by Magistrate Judge Mac R. McCoy on 9/7/2021. (KLM)
September 1, 2021 Filing 50 MOTION for Reconsideration re #46 Order on Motion to Dismiss for Failure to State a Claim Order by Wendall Hall. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Mailing Envelope)(RMT) Modified on 9/2/2021 (KLM).
August 30, 2021 Filing 49 ANSWER and affirmative defenses with Jury Demand to #9 Amended Complaint by Jon Carner, Patrick McCawley, Elizabeth Porfert.(Kummerlen, Gregory)
August 19, 2021 Filing 48 NOTICE to Court and or motion for judgment on pending motions by Wendall Hall re #46 Order on Motion for Sanctions Order on Motion for Miscellaneous Relief Order on Motion to Dismiss for Failure to State a Claim Order on Motion for Default Judgment Order on Motion to Compel (Attachments: #1 Mailing Envelope)(RMT)
August 13, 2021 Filing 47 ENDORSED ORDER granting #39 Motion to Strike per Order #46. Signed by Judge John E. Steele on 8/13/2021. (KLM)
August 13, 2021 Filing 46 OPINION AND ORDER denying as moot #32 Motion for Sanctions; denying as moot #33 Motion to Serve Poppell; granting in part and denying in part #35 Motion to Dismiss for Failure to State a Claim (granting as to Sawyer who is dismissed with prejudice and shall be terminated, granting as to First Amendment retaliation claims without prejudice, denying as to procedural due process claims, dismissing Secretary Poppell who shall be terminated); denying as moot #38 Motion for Default Judgment; denying #40 Motion to Compel Discovery as premature; granting #44 Motion for Ruling to the extent set forth in this Order. Defendants Carner, McCawley, and Porfert shall file an answer to the remaining claims within 21 days. Signed by Judge John E. Steele on 8/13/2021. (RKR)
August 2, 2021 Filing 45 NOTICE to Court and or motion for ruling on pending motions by Wendall Hall re #38 MOTION for Default Judgment against Chad Poppell (Attachments: #1 Mailing Envelope)(RMT)
July 6, 2021 Filing 44 MOTION for ruling on pending motions by Wendall Hall. (Attachments: #1 Mailing Envelope)(RMT) Motions referred to Magistrate Judge Mac R. McCoy.
June 25, 2021 Filing 43 NOTICE of filing supplemental exhibit re #35 MOTION to Dismiss for Failure to State a Claim Plaintiff's Amended Complaint [DE 9] by Wendall Hall. (Attachments: #1 Exhibit, #2 Mailing Envelope)(RMT)
June 21, 2021 Filing 42 JUDICIAL NOTICE or Notice of Supplemental Authority re #35 MOTION to Dismiss for Failure to State a Claim Plaintiff's Amended Complaint [DE 9] filed by Wendall Hall. (Attachments: #1 Exhibit, #2 Mailing Envelope)(RMT)
May 20, 2021 Filing 41 RESPONSE in Opposition re #39 MOTION to Strike filed by Wendall Hall. (Attachments: #1 Exhibit, #2 Mailing Envelope)(RMT)
May 14, 2021 Filing 40 MOTION to Compel discovery from defendants and or for sanctions against defendants Sawyer, Carner, Porfert and McCawley by Wendall Hall. (Attachments: #1 Mailing Envelope)(RMT) Motions referred to Magistrate Judge Mac R. McCoy.
May 10, 2021 Filing 39 MOTION to Strike by Jon Carner, Patrick McCawley, Elizabeth Porfert, Donald Sawyer. (Attachments: #1 Exhibit A-Plaintiff's 1st Interrogatories to Sawyer, Salema, Carner and McCawley)(Kummerlen, Gregory) Motions referred to Magistrate Judge Mac R. McCoy.
April 21, 2021 Filing 38 MOTION for Default Judgment and or sanctions against Chad Poppell by Wendall Hall. (Attachments: #1 Mailing Envelope)(RMT) Motions referred to Magistrate Judge Mac R. McCoy.
April 8, 2021 Filing 37 AFFIDAVIT by Wendall Hall. (Attachments: #1 Mailing Envelope)(RMT)
April 8, 2021 Filing 36 RESPONSE to Motion re #35 MOTION to Dismiss for Failure to State a Claim Plaintiff's Amended Complaint [DE 9] filed by Wendall Hall. (Attachments: #1 Exhibit, #2 Mailing Envelope)(RMT)
March 29, 2021 Filing 35 MOTION to Dismiss for Failure to State a Claim Plaintiff's Amended Complaint [DE 9] by Jon Carner, Patrick McCawley, Elizabeth Porfert, Donald Sawyer. (Kummerlen, Gregory)
March 29, 2021 Filing 34 NOTICE of Attorney Appearance by Gregory A. Kummerlen on behalf of Jon Carner, Patrick McCawley, Elizabeth Porfert, Donald Sawyer (Kummerlen, Gregory)
February 26, 2021 Filing 33 MOTION for Marshal to serve process upon defendant Poppell and or to assess the cost of personal service upon defendant Poppell by Wendall Hall. (Attachments: #1 Main Document)(RMT) Motions referred to Magistrate Judge Mac R. McCoy.
February 26, 2021 Filing 32 MOTION for Sanctions by Wendall Hall. (Attachments: #1 Mailing Envelope)(RMT)
February 5, 2021 Filing 31 PROOF of service by Wendall Hall as to Chad Poppell (RMT)
January 20, 2021 Filing 30 SUMMONS issued as to Jon Carner. (Attachments: #1 Consent Letter and Forms)(SLU)
January 20, 2021 Filing 29 SUMMONS issued as to Patrick McCawley. (Attachments: #1 Consent Letter and Forms)(SLU)
January 20, 2021 Filing 28 SUMMONS issued as to Elizabeth Porfert. (Attachments: #1 Consent Letter and Forms)(SLU)
January 20, 2021 Filing 27 SUMMONS issued as to Donald Sawyer. (Attachments: #1 Consent Letter and Forms)(SLU)
January 20, 2021 Filing 26 ORDER OF SPECIAL APPOINTMENT AND SERVICE UPON DEFENDANTS. Signed by Magistrate Judge Mac R. McCoy on 1/20/2021. (Attachments: #1 Return of Service Form)(SLU)
January 20, 2021 Filing 25 REQUEST for waiver of Service sent to Chad Poppell on 1/20/2021 by Wendall Hall. (Attachments: #1 Consent Letter and Forms)(SLU)
January 20, 2021 Filing 24 ORDER DIRECTING SERVICE OF PROCESS UPON DEFENDANT BY WAIVER. Signed by Magistrate Judge Mac R. McCoy on 1/20/2021. (SLU)
January 20, 2021 Filing 23 ENDORSED ORDER granting #22 Motion to Serve Civil Complaint. Plaintiff completed his service forms and filed the appropriate number of copies. Accordingly, Plaintiff's motion to serve civil complaint is GRANTED. Signed by Magistrate Judge Mac R. McCoy on 1/20/2021.(DK)
January 15, 2021 Filing 22 MOTION to serve civil complaint and summons upon defendants by Wendall Hall. (Attachments: #1 Mailing Envelope)(RMT) Motions referred to Magistrate Judge Mac R. McCoy.
December 28, 2020 Filing 21 NOTICE of compliance re #20 Order to Complete Service Forms (Attachments: #1 Mailing Envelope)(LYB)
December 7, 2020 Filing 20 ORDER granting #19 Motion for service of process and amended complaint upon defendants and to proceed to next procedure step to serve summons and complaint upon defendants. ORDER TO COMPLETE SERVICE FORMS Plaintiff must mail the completed forms, along with (5) additional identical copies of his Amended Complaint with all exhibits, if any, to the Clerk's Office by January 8, 2021. If Plaintiff fails to timely return the completed forms and service copies of his Amended Complaint or explain his inability to timely comply within this time period, the Court will dismiss this action for failure to prosecute without further notice. Signed by Magistrate Judge Mac R. McCoy on 12/7/2020. (Attachments: #1 Highlighted Service of Process Forms) (SLU)
December 4, 2020 Filing 19 MOTION for service of process and amended complaint upon defendants and to proceed to next procedure step to serve summons and complaint upon defendants by Wendall Hall. (Attachments: #1 Mailing Envelope)(RMT) Motions referred to Magistrate Judge Mac R. McCoy. Modified on 12/4/2020 to edit docket text (SLU).
November 17, 2020 FEES paid by Wendall Hall (Filing fee $16.83 receipt number FtM014969) (RMT)
November 10, 2020 Filing 18 ORDER denying #11 Motion for Miscellaneous Relief Specifically to Rule On Motions and Serve Defendants; denying #12 Motion for Ruling on Plaintiff's Pending Motions; denying #13 Motion for Ruling on Plaintiff's Pending Motions; denying #15 Motion for Ruling on Plaintiff's Pending Motions. Signed by Magistrate Judge Mac R. McCoy on 11/10/2020. (SLU)
November 10, 2020 Filing 17 ORDER denying #6 Motion specifically to waive partial filing fees. Signed by Magistrate Judge Mac R. McCoy on 11/10/2020. (SLU)
November 10, 2020 Filing 16 ORDER granting #2 Motion to Proceed In Forma Pauperis to the extent that Plaintiff is assessed a $16.83 partial filing fee, as opposed to the full $400.00 filing fee. Plaintiff shall forward a check from the FCCC, a cashier's check, or a money order to the Clerk of Court in the amount of $16.83 within thirty (30) days of this Order. Plaintiff's failure to comply with this Order or explain his inability to comply with this Order will result in the dismissal of this case without further notice. Signed by Magistrate Judge Mac R. McCoy on 11/10/2020. (SLU)
October 22, 2020 Filing 15 MOTION for ruling on pending motions and to proceed next procedure steps in case by Wendall Hall. (Attachments: #1 Mailing Envelope)(RMT) Motions referred to Magistrate Judge Mac R. McCoy.
October 8, 2020 Filing 14 ORDER denying #10 Motion for Preliminary Injunction. Signed by Senior Judge John E. Steele on 10/8/2020. (RKR)
October 2, 2020 Filing 13 MOTION for ruling on plaintiff's pending motions and to proceed to next procedure steps in case by Wendall Hall. (Attachments: #1 Mailing Envelope)(RMT) Motions referred to Magistrate Judge Mac R. McCoy.
September 10, 2020 Filing 12 MOTION for ruling on Plaintiff's pending motions and to proceed to next procedure steps in case by Wendall Hall. (Attachments: #1 Mailing Envelope)(RMT) Motions referred to Magistrate Judge Mac R. McCoy.
July 1, 2020 Filing 11 MOTION for Miscellaneous Relief, specifically for ruling on motions and to serve defendants with the civil complaint or proceed to next procedure step in case by Wendall Hall. (Attachments: #1 Mailing Envelope)(SLU)
June 8, 2020 Filing 10 MOTION for Preliminary Injunction and/or, MOTION for Hearing by Wendall Hall. (Attachments: #1 Exhibit Patient Profile Summary, #2 Mailing Envelope)(SLU)
June 5, 2020 Filing 9 AMENDED CIVIL RIGHTS ACTION / COMPLAINT against Jon Carner, Patrick McCawley, Chad Poppell, Elizabeth Porfert, Donald Sawyer with Jury Demand filed by Wendall Hall. Related document: #1 Complaint filed by Wendall Hall. (no service copies)(SLU)
June 5, 2020 Filing 8 ORDER granting #7 Motion to Amend. The Clerk of Court shall file the Amended Complaint attached to Plaintiff's Motion as a separate entry on the docket sheet. Signed by Magistrate Judge Mac R. McCoy on 6/5/2020. (SLU)
June 4, 2020 Filing 7 MOTION to Amend #1 Complaint and/or NOTICE of filing amended civil complaint by Wendall Hall. (Attachments: #1 Amended Civil Rights Action / Complaint, #2 Mailing Envelope)(SLU)
June 4, 2020 Filing 6 MOTION for Miscellaneous Relief, specifically to waive partial filing fees and/or NOTICE of filing recent May 2020 account or resident account statement of plaintiff by Wendall Hall. (Attachments: #1 Mailing Envelope)(SLU)
June 4, 2020 Filing 5 NOTICE of pendency of related cases re #4 Related case order and track 1 notice per Local Rule 1.04(d) by Wendall Hall. Related case(s): yes (Attachments: #1 Mailing Envelope)(SLU)
May 27, 2020 Filing 4 TRACK ONE AND RELATED CASE ORDER. Signed by All Divisional Judges on 5/27/2020. (SLU)
May 27, 2020 Filing 3 STANDING ORDER for all confined, pro se litigants. Signed by All Divisional Judges on 5/27/2020. (SLU)
May 26, 2020 Filing 2 MOTION to Proceed In Forma Pauperis / Affidavit of Indigency by Wendall Hall. (Attachments: #1 Mailing Envelope)(SLU) Motions referred to Magistrate Judge Mac R. McCoy.
May 26, 2020 Filing 1 COMPLAINT against Jon Carner, Patrick McCawley, Chad Poppell, Elizabeth Porfert, Donald Sawyer with Jury Demand filed by Wendall Hall. (Attachments: #1 Exhibit, #2 Mailing Envelope) (no service copies)(SLU)

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Search for this case: Hall v. Poppell et al
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Defendant: Donald Sawyer
Represented By: Gregory A. Kummerlen
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Defendant: Chad Poppell
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Defendant: Elizabeth Porfert
Represented By: Gregory A. Kummerlen
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Defendant: Patrick McCawley
Represented By: Gregory A. Kummerlen
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Defendant: Jon Carner
Represented By: Gregory A. Kummerlen
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Plaintiff: Wendall Hall
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