Durall et al v. Blue Cross and Blue Shield of Florida, Inc. et al
| Aaron Durall and Neisha Zaffuto |
| Elevance Health, Inc., Blue Cross and Blue Shield of Florida, Inc. a Florida Corporation doing business as FLORIDA BLUE, Unitedhealth Group Incorporated, ANTHEM INSURANCE COMPANIES, INC., CVS Health Corporation a Delaware Corporation doing business as AETNA, BLUE CROSS BLUE SHIELD HEALTHCARE PLAN OF GEORGIA, INC. and Aetna Life Insurance Company |
| 0:2023cv61557 |
| August 11, 2023 |
| US District Court for the Southern District of Florida |
| Raag Singhal |
| P.I.: Other |
| 28 U.S.C. § 1442 Notice of Removal |
| Plaintiff |
Docket Report
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| Filing 58 SUMMONS (Affidavit) Returned Executed on #47 Amended Complaint/Amended Notice of Removal, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Aaron Durall. BLUE CROSS BLUE SHIELD HEALTHCARE PLAN OF GEORGIA, INC. served on 11/13/2023, response/answer due 12/4/2023. (Attachments: #1 Exhibit Exhibit A-Summons BCBS)(DiPietro, David) |
Filing 57
ORDER REQUIRING SCHEDULING REPORT. On or before December 6, 2023, the parties are directed to prepare and file a joint scheduling report, as required by Local Rule 16.1. Signed by Judge Raag Singhal on 11/15/2023. See attached document for full details. (rbe)
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| Filing 56 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #47 Amended Complaint/Amended Notice of Removal, (Joint), MOTION for Leave to File Excess Pages by Blue Cross and Blue Shield of Florida, Inc.. (Attachments: #1 Text of Proposed Order)(Pegg, Allen) |
| Filing 55 SUMMONS (Affidavit) Returned Executed on #47 Amended Complaint/Amended Notice of Removal, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Aaron Durall. ANTHEM INSURANCE COMPANIES, INC. served on 11/13/2023, response/answer due 12/4/2023; Aetna Life Insurance Company served on 11/13/2023, response/answer due 12/4/2023. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(DiPietro, David) |
| Filing 54 Summons Issued as to ANTHEM INSURANCE COMPANIES, INC., Aetna Life Insurance Company, BLUE CROSS BLUE SHIELD HEALTHCARE PLAN OF GEORGIA, INC. (mee) |
| Filing 53 NOTICE of Filing Proposed Summons(es) Amended by Aaron Durall re #47 Amended Complaint/Amended Notice of Removal, filed by Neisha Zaffuto, Aaron Durall (Attachments: #1 Exhibit Exhibit A: Summons Anthem, #2 Exhibit Exhibit B: Summons Aetna Life Insurance, #3 Exhibit Exhibit C: Summons GA Blue) (DiPietro, David) |
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Filing 51
PAPERLESS ORDER denying as moot #40 Motion to Dismiss for Failure to State a Claim; denying as moot #40 Motion to Dismiss for Lack of Jurisdiction by Blue Cross and Blue Shield of Florida, Inc. in light of (DE #47 ), Plaintiffs' First Amended Complaint. Signed by Judge Raag Singhal on 11/7/2023. (am00)
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Filing 50
PAPERLESS ORDER denying as moot #39 Motion to Dismiss for Lack of Jurisdiction by CVS Health Corporation in light of (DE #47 ), Plaintiffs' First Amended Complaint. Signed by Judge Raag Singhal on 11/7/2023. (am00)
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Filing 49
PAPERLESS ORDER denying as moot #38 Motion to Dismiss by Elevance Health, Inc. in light of (DE #47 ), Plaintiffs' First Amended Complaint. Signed by Judge Raag Singhal on 11/7/2023. (am00)
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| Filing 52 Clerk's Notice to Filer re: Summons(es) will not be issued. The party(ies) on the summons(es) does not match the Amended Complaint ie: formatting error. Filer may file a Notice of Filing Proposed Summons(es) with the corrected summons attached. (mee) |
| Filing 48 NOTICE of Filing Proposed Summons(es) by Aaron Durall re #47 Amended Complaint/Amended Notice of Removal, filed by Neisha Zaffuto, Aaron Durall (Attachments: #1 Exhibit Exhibit A: Summons Anthem, #2 Exhibit Exhibit B: Summons Aetna Life Insurance, #3 Exhibit Exhibit C: Summons GA Blue) (DiPietro, David) |
| Filing 47 First AMENDED COMPLAINT against Blue Cross and Blue Shield of Florida, Inc., Unitedhealth Group Incorporated, BLUE CROSS BLUE SHIELD HEALTHCARE PLAN OF GEORGIA, INC., ANTHEM INSURANCE COMPANIES, INC., Aetna Life Insurance Company, filed by Aaron Durall, Neisha Zaffuto. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(DiPietro, David) |
| Filing 46 RESPONSE in Support re #35 Plaintiff's MOTION to Remand to State Court filed by Aaron Durall, Neisha Zaffuto. (Pettis, Eugene) |
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Filing 45
PAPERLESS ORDER granting #44 Motion for Extension of Time to File Response/Reply to Motion. Defendants' Responses to Plaintiffs' Motion to Remand are due by 10/17/2023. Signed by Judge Raag Singhal on 10/5/2023. (am00)
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| Filing 44 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #43 Response in Opposition to Motion by Aaron Durall, Neisha Zaffuto. (Attachments: #1 Text of Proposed Order)(DiPietro, David) |
| Filing 43 RESPONSE in Opposition re #35 Plaintiff's MOTION to Remand to State Court (Joint) filed by Blue Cross and Blue Shield of Florida, Inc.. Replies due by 10/10/2023. (Pegg, Allen) |
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Filing 42
PAPERLESS ORDER granting #41 Motion for Extension of Time to File Response/Reply to Motion. Plaintiffs' Responses to Defendants' Motions to Dismiss are due by 11/6/2023. Signed by Judge Raag Singhal on 9/28/2023. (am00)
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| Filing 41 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #40 Joint MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),,,, FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint),,,, , #38 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint),,,, , #39 MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint),,,, by Aaron Durall, Neisha Zaffuto. (Attachments: #1 Text of Proposed Order)(DiPietro, David) |
| Filing 40 Joint MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),,,, FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint),,,, ( Responses due by 10/4/2023) by Blue Cross and Blue Shield of Florida, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Pegg, Allen) |
| Filing 39 MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint),,,, by CVS Health Corporation. Responses due by 10/4/2023 (Attachments: #1 Exhibit 1)(Bronson, Ardith) |
| Filing 38 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint),,,, by Elevance Health, Inc.. Responses due by 10/4/2023 (Attachments: #1 Exhibit Ex 1-Declaration of John Iacovelli, #2 Exhibit Ex 2-Declaration of Deborah Wells, #3 Exhibit Ex 3-Declaration of Jeff Gleason)(Osborne, Jonathan) |
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Filing 37
PAPERLESS ORDER granting #36 Motion for Extension of Time to File Response/Reply to Motion. Defendants' joint response to Plaintiffs Motion to Remand (DE #35 ) is due by October 2, 2023. Signed by Judge Raag Singhal on 9/19/2023. (am00)
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| Filing 36 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #35 Plaintiff's MOTION to Remand to State Court (Joint) by Blue Cross and Blue Shield of Florida, Inc.. (Attachments: #1 Text of Proposed Order)(Pegg, Allen) |
| Filing 35 Plaintiff's MOTION to Remand to State Court by Aaron Durall, Neisha Zaffuto. (DiPietro, David) |
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Filing 34
PAPERLESS ORDER granting #33 Motion for Extension of Time to File Response/Answer to a Complaint or Other Case Initiating Document and granting #33 Motion for Leave to File Excess Pages. The parties are advised to avoid excessive footnotes. Blue Cross and Blue Shield of Florida, Inc., CVS Health Corporation, Elevance Health, Inc., and Unitedhealth Group Incorporated's Response/Answer to Plaintiffs' Complaint is due by 9/20/2023. Signed by Judge Raag Singhal on 8/28/2023. (am00)
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| Filing 33 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint),,,, , MOTION for Leave to File Excess Pages (Joint) by Blue Cross and Blue Shield of Florida, Inc.. (Attachments: #1 Text of Proposed Order)(Pegg, Allen) |
| Filing 32 Corporate Disclosure Statement and Certificate of Interested Persons by Unitedhealth Group Incorporated (Van Horn, Benjamin) |
| Filing 31 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by Elevance Health, Inc. (Osborne, Jonathan) |
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Filing 30
PAPERLESS ORDER granting #28 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Scott P. Kerew. Signed by Judge Raag Singhal on 8/18/2023. (am00)
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Filing 29
PAPERLESS ORDER granting #27 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Adam J. Sinton. Signed by Judge Raag Singhal on 8/18/2023. (am00)
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| Filing 28 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Scott P. Kerew. Filing Fee $ 200.00 Receipt # AFLSDC-16850768 by Unitedhealth Group Incorporated. Responses due by 8/31/2023 (Attachments: #1 Proposed Order)(Van Horn, Benjamin) |
| Filing 27 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Adam J. Sinton. Filing Fee $ 200.00 Receipt # AFLSDC-16850752 by Unitedhealth Group Incorporated. Responses due by 8/31/2023 (Attachments: #1 Proposed Order)(Van Horn, Benjamin) |
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Filing 26
PAPERLESS ORDER granting #18 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Nathaniel J. Moore. Signed by Judge Raag Singhal on 8/17/2023. (am00)
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Filing 25
PAPERLESS ORDER entered #16 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Jeffrey S. Gleason. Signed by Judge Raag Singhal on 8/17/2023. (am00)
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| Filing 24 NOTICE of Attorney Appearance by Jesse Michael Panuccio on behalf of Unitedhealth Group Incorporated. Attorney Jesse Michael Panuccio added to party Unitedhealth Group Incorporated(pty:dft). (Panuccio, Jesse) |
| Filing 23 NOTICE of Attorney Appearance by Andrew Scott Brenner on behalf of Unitedhealth Group Incorporated. Attorney Andrew Scott Brenner added to party Unitedhealth Group Incorporated(pty:dft). (Brenner, Andrew) |
| Filing 22 NOTICE of Attorney Appearance by Tyler Evan Ulrich on behalf of Unitedhealth Group Incorporated. Attorney Tyler Evan Ulrich added to party Unitedhealth Group Incorporated(pty:dft). (Ulrich, Tyler) |
| Filing 21 NOTICE of Change of Address, Email or Law Firm Name by Benjamin Daniel Van Horn (Van Horn, Benjamin) |
| Reset Answer Due Deadline: Blue Cross and Blue Shield of Florida, Inc. answer due 9/6/2023. Per d.e. 14 Order. (mee) |
| Filing 20 NOTICE by Unitedhealth Group Incorporated re #4 Notice (Other),, #1 Notice of Removal (State Court Complaint),,,, (Notice of Consent to Removal). Attorney Benjamin Daniel Van Horn added to party Unitedhealth Group Incorporated(pty:dft). (Van Horn, Benjamin) |
| Filing 19 Certificate of Other Affiliates/Corporate Disclosure Statement by Blue Cross and Blue Shield of Florida, Inc. identifying Corporate Parent GuideWell Mutual Holding Corporation for Blue Cross and Blue Shield of Florida, Inc. (Pegg, Allen) |
| Filing 18 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Nathaniel J. Moore. Filing Fee $ 200.00 Receipt # AFLSDC-16841553 by Elevance Health, Inc.. Responses due by 8/28/2023 (Attachments: #1 Text of Proposed Order)(Osborne, Jonathan) |
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Filing 17
PAPERLESS ORDER granting #11 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Rachel A.H. Horton, Esq.. Signed by Judge Raag Singhal on 8/14/2023. (am00)
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| Filing 16 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jeffrey S. Gleason. Filing Fee $ 200.00 Receipt # AFLSDC-16841437 by Elevance Health, Inc.. Responses due by 8/28/2023 (Attachments: #1 Text of Proposed Order)(Osborne, Jonathan) |
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Filing 15
PAPERLESS ORDER granting #10 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Brian H. Benjet, Esq.. Signed by Judge Raag Singhal on 8/14/2023. (am00)
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Filing 14
PAPERLESS ORDER granting #9 Expedited Motion for Enlargement of Time to Respond to Plaintiffs' Complaint. Defendants' responses/answers to Plaintiffs' complaint are due by September 6, 2023. Signed by Judge Raag Singhal on 8/14/2023. (am00)
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| Filing 13 NOTICE of Attorney Appearance by Jonathan Kent Osborne on behalf of Elevance Health, Inc.. Attorney Jonathan Kent Osborne added to party Elevance Health, Inc.(pty:dft). (Osborne, Jonathan) |
| Filing 12 NOTICE of Attorney Appearance by George S. LeMieux on behalf of Elevance Health, Inc.. Attorney George S. LeMieux added to party Elevance Health, Inc.(pty:dft). (LeMieux, George) |
| Filing 11 Defendant's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Rachel A.H. Horton, Esq.. Filing Fee $ 200.00 Receipt # AFLSDC-16840794 by CVS Health Corporation. Responses due by 8/28/2023 (Attachments: #1 Certification Certification Rachel A.H. Horton, Esq., #2 Text of Proposed Order Proposed Order Granting Pro Hac Vice)(Bronson, Ardith) |
| Filing 10 Defendant's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Brian H. Benjet, Esq.. Filing Fee $ 200.00 Receipt # AFLSDC-16840661 by CVS Health Corporation. Responses due by 8/28/2023 (Attachments: #1 Certification Certification of Brian H. Benjet, Esq., #2 Text of Proposed Order Proposed Order Granting Pro Hac Vice)(Bronson, Ardith) |
| Filing 9 EXPEDITED MOTION Unopposed Joint Motion for Enlargement of Time to Respond to Complaint re #1 Notice of Removal (State Court Complaint),,,, by Blue Cross and Blue Shield of Florida, Inc.. (Attachments: #1 Text of Proposed Order)(Pegg, Allen) |
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Filing 8
PAPERLESS ORDER TO FILE CERTIFICATE OF INTERESTED PERSONSWithin SEVEN (7) DAYS of entry of an appearance, each party, including governmental parties, must file certificates of interested parties and corporate disclosure statements that contain a complete list of persons, associated persons, firms, partnerships, or corporations that have a financial interest in the outcome of this case, including subsidiaries, conglomerates, affiliates, parent corporations, and other identifiable legal entities related to a party. The parties shall not include Judge Singhal or the paired magistrate judges unless they have an interest in the litigation. Throughout the pendency of the action, the parties are under a continuing obligation to amend, correct, and update the certificates. Signed by Judge Raag Singhal on 8/14/2023. (am00)
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| Filing 7 NOTICE OF COURT PRACTICEUnless otherwise specified by the Court, every motion, legal memorandum, brief, and otherwise shall: be double-spaced, in justified alignment, in 12-point font, using either Times New Roman or Arial typeface. This Notice does not supplant the requirements and provisions of Local Rule 7.1(c). The Court cautions parties against excessive use of footnotes.Multiple Plaintiffs or Defendants shall file joint motions (and responses to motions) with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions (and responses).Parties are encouraged to seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing; no motion is, unless expressly provided for by the applicable rule. Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted).Exhibits to pleadings and motions shall be docketed in accordance with the Courts CM/ECF procedures, Rule 3L.(2): (2) Describing an Attachment to a Docket EntryA party filing an attachment to a document shall select one of the prescribed attachment categories from the drop-down menu (e.g., affidavit, transcript), provide an alphabetical or numerical designation (e.g., Exhibit A, Exhibit 1), and descriptively name each attachment (e.g., Exhibit 1 - Affidavit of Boo Radley) in a manner that enables the Court to easily locate and distinguish attachments. (Emphasis added.) Local Rule 16.4, Local Rules for the United States District Court for the Southern District of Florida, requires that a Notice of Settlement "shall be filed and served jointly by counsel for all parties to the settlement." A unilateral notice of settlement will not stay pre-trial deadlines or hearings.Failure to comply with any of these procedures may result in the imposition of appropriate sanctions. Signed by Judge Raag Singhal on 8/14/2023. (am00) |
| Filing 6 Bar Letter re: Admissions sent to attorney Brian T. Rafferty, Ben Van Horn, Adam Sinton, Scott Kerew, Brian H. Benjet, Rachael AH Horton, Jeffrey S Gleason, Nathaniel J. Moore, mailing date August 14, 2023, (pt) |
| Filing 5 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by CVS Health Corporation identifying Other Affiliate Aetna Life Insurance Company, Other Affiliate Claims Administration Corporation for CVS Health Corporation (Bronson, Ardith) |
| Filing 4 Defendant's NOTICE by CVS Health Corporation Notice of Removal (Attachments: #1 Exhibit Ex. 1, #2 Exhibit Ex. 2, #3 Exhibit Ex. 3, #4 Exhibit Ex. 4, #5 Exhibit Ex. 5, #6 Exhibit Ex. 6, #7 Exhibit Ex. 7, #8 Exhibit Ex. 8, #9 Exhibit Ex. 9, #10 Exhibit Ex. 10, #11 Exhibit Ex. 11, #12 Exhibit Ex. 12, #13 Exhibit Ex. 13, #14 Exhibit Ex. 14, #15 Exhibit Ex. 15, #16 Exhibit Ex. 16, #17 Exhibit Ex. 17, #18 Exhibit Ex. 18, #19 Exhibit Ex. 19, #20 Exhibit Ex. 20, #21 Exhibit Ex. 21, #22 Exhibit Ex. 22, #23 Exhibit Ex. 23) (Bronson, Ardith) |
| Filing 3 Clerk's Notice to Filer re: Electronic Case. Alias Not Added. The Filer failed to add the alias information for the party(ies). The correction was made. It is not necessary to re-file this document. (rbe) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Raag Singhal. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia O. Valle is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (rbe) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Original Complaint for Damages and Demand for Jury Trial) Filing fee $ 402.00 receipt number AFLSDC-16837716, filed by Blue Cross and Blue Shield of Florida, Inc. No Answer / Motion to Dismiss Filed. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 - State Court Complaint, #3 Exhibit 2 - Superseding Indictment, #4 Exhibit 3 - Stuhan Declaration, #5 Exhibit A to Ex. 3, #6 Exhibit B to Ex. 3, #7 Exhibit C to Ex. 3, #8 Exhibit D to Ex. 3, #9 Exhibit E to Ex. 3, #10 Exhibit F to Ex. 3, #11 Exhibit G to Ex. 3, #12 Exhibit H to Ex. 3, #13 Exhibit I to Ex. 3, #14 Exhibit J to Ex. 3, #15 Exhibit K to Ex. 3, #16 Exhibit L to Ex. 3, #17 Exhibit M to Ex. 3, #18 Exhibit N to Ex. 3, #19 Exhibit O to Ex. 3, #20 Exhibit P to Ex. 3, #21 Exhibit Q to Ex. 3, #22 Exhibit R to Ex. 3, #23 Exhibit S to Ex. 3, #24 Exhibit T to Ex. 3, #25 Exhibit U to Ex. 3, #26 Exhibit V to Ex. 3, #27 Exhibit 4 - Strother Declaration, #28 Exhibit 5, #29 Exhibit 6, #30 Exhibit 7 - State Court Filings)(Pegg, Allen) Modified text & attachment description on 8/14/2023 (rbe). |
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