AWP, Inc. v. Henry et al
| AWP, Inc. |
| L30 Consulting, LLC, Wesley (Del) Temple, Angela N. McNulty, Anita Henry, Ed Henry and Kent Puckett |
| 1:2020cv01625 |
| April 16, 2020 |
| US District Court for the Northern District of Georgia |
| Steven D Grimberg |
| Contract: Other |
| Defendant |
Docket Report
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| Filing 72 Certificate of Interested Persons by Kent Puckett. (Fuller, Stephen) |
| Filing 71 NOTICE SETTING HEARING: The Court has set a hearing for Wednesday, June 24, 2020 at 2:00 p.m. before the Honorable Steven D. Grimberg, in Courtroom 1707, Richard B. Russell Federal Building, 75 Ted Turner Drive, S.W., Atlanta, Georgia 30303 on Plaintiff's #51 Motion for Preliminary Injunction Against Kent Puckett. If time allows, the Court may also wish to hear argument on Defendants' #60 and #61 motions to dismiss. Signed by Judge Steven D. Grimberg on 6/9/2020. (jed) |
| Filing 70 REPLY BRIEF re #51 MOTION for Preliminary Injunction Against Kent Puckett filed by AWP, Inc.. (Attachments: #1 Exhibit A - Second Declaration of Michael Anderson, #2 Exhibit B - Traffic Control Job Postings)(Fellows, Henry) |
| Filing 69 Request for Leave of Absence for the following date(s): July 17, 20, 21, 22, 23, 24, 27, 2020, by Jaletta Long Smith. (Smith, Jaletta) |
| Filing 68 DEMAND for Trial by Jury by Anita Henry, Ed Henry. (Tate, Thomas) |
| Submission of #51 MOTION for Preliminary Injunction Against Kent Puckett to District Judge Steven D. Grimberg. (jed) |
| Filing 67 Notice for Leave of Absence for the following date(s): June 15, June, 16, June 17, June 18, June 19, by Stephen Paul Fuller. (Fuller, Stephen) |
Filing 66
ORDER granting #65 Motion for Extension of Time. Plaintiff shall now have through June 15, 2020 to file its responses to the #60 and #61 motions to dismiss filed by Defendants Ed Henry, Anita Henry, L30 Consulting, LLC, Angela N. McNulty, and Wesley "Del" Temple. Signed by Judge Steven D. Grimberg on 5/28/2020. (jed)
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| Filing 65 Unopposed MOTION for Extension of Time to Respond to Motions to Dismiss re: #61 MOTION to Dismiss , #60 MOTION to Dismiss Plaintiff's Complaint by AWP, Inc.. (Attachments: #1 Text of Proposed Order)(Fellows, Henry) |
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Filing 64
THIRD AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 05/26/2020. (adg) (ADI)
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| Filing 63 RESPONSE re #51 MOTION for Preliminary Injunction Against Kent Puckett filed by Kent Puckett. (Attachments: #1 Exhibit Declaration of Kent Puckett)(Fuller, Stephen) |
| Filing 62 CERTIFICATE of Compliance re #52 Order, by J. Nixon Daniel, III (Zoesch, John) |
| Filing 61 MOTION to Dismiss with Brief In Support by Anita Henry, Ed Henry. (Attachments: #1 Memorandum in Support of Motion to Dismiss)(Tate, Thomas) |
| Filing 60 MOTION to Dismiss Plaintiff's Complaint with Brief In Support by L30 Consulting, LLC, Angela N. McNulty, Wesley (Del) Temple. (Attachments: #1 Memorandum in Support)(Zoesch, John) |
| Filing 59 ANSWER to #1 COMPLAINT with Jury Demand by Kent Puckett. Discovery ends on 10/13/2020.(Fuller, Stephen) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 58 CERTIFICATE of Compliance re #52 Order, (Hart, Joseph) |
| Filing 57 CERTIFICATE of Compliance re #52 Order, (Fellows, Henry) |
| Filing 56 CERTIFICATE of Compliance (Strauch, Jack) |
| Filing 55 Notice for Leave of Absence for the following date(s): June 9 -12, 2020, June 24 - 29, 2020, August 24 - 28, 2020, by Thomas T. Tate. (Tate, Thomas) |
| Filing 54 CERTIFICATE of Compliance (Clark, Robin) |
| Filing 53 CERTIFICATE of Compliance (Zoesch, John) |
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Filing 52
STANDING ORDER regarding civil litigation. All counsel of record and pro se parties are required to sign and file, within 10 days after entry of this Order, a Certificate of Compliance in a format consistent with the Certificate of Compliance attached as Exhibit B. Signed by Judge Steven D. Grimberg on May 12, 2020. (ash)
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| Filing 51 MOTION for Preliminary Injunction Against Kent Puckett with Brief In Support by AWP, Inc.. (Attachments: #1 Brief)(Fellows, Henry) |
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Filing 50
ORDER granting #48 Motion for Extension of Time to Answer. Kent Puckett shall now have through May 18, 2020 to file a responsive pleading to the Complaint. Signed by Judge Steven D. Grimberg on 5/7/2020. (jed)
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| Filing 49 CERTIFICATE of Compliance of Standing Order (Fuller, Stephen) |
| Filing 48 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint,, by Kent Puckett. (Attachments: #1 Text of Proposed Order)(Fuller, Stephen) |
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Filing 47
ORDER granting #43 Motion for Extension of Time to Answer. L30 Consulting, LLC, Angela N. McNulty, and Wesley Del Temple have through May 18, 2020 to file responsive pleadings to the Complaint. Signed by Judge Steven D. Grimberg on 5/6/2020. (jed)
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Filing 46
ORDER granting #41 Motion for Extension of Time to Answer. Anita Henry and Ed Henry have up to and including May 18, 2020 to file their responses to the #1 Complaint. Signed by Judge Steven D. Grimberg on 5/6/2020. (jed)
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Filing 45
ORDER granting #34 Motion for Extension of Decision and #27 Order. The Court EXTENDS the Order until the hearing on AWP's motion for preliminary injunction is held or October 30, 2020, whichever first occurs, or further Order of this court. Signed by Judge Steven D. Grimberg on 5/6/2020. (jed)
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| Filing 44 Certificate of Interested Persons by L30 Consulting, LLC, Angela N. McNulty, Wesley (Del) Temple. (Zoesch, John) |
| Filing 43 MOTION for Extension of Time to File Answer re #1 Complaint,, by L30 Consulting, LLC, Angela N. McNulty, Wesley (Del) Temple. (Attachments: #1 Text of Proposed Order)(Zoesch, John) |
| Filing 42 NOTICE of Appearance by Robin Frazer Clark on behalf of Wesley (Del) Temple (Clark, Robin) |
| Filing 41 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint,, by Anita Henry, Ed Henry. (Attachments: #1 Text of Proposed Order Proposed Order)(Smith, Jaletta) |
| Filing 40 Certificate of Interested Persons by Anita Henry, Ed Henry. (Smith, Jaletta) |
| Filing 39 CERTIFICATE of Compliance (Tate, Thomas) |
| Filing 38 NOTICE of Appearance by Stephen Paul Fuller on behalf of Kent Puckett (Fuller, Stephen) |
| Filing 37 CERTIFICATE of Compliance (Thomas, Robert) |
| Filing 36 CERTIFICATE of Compliance (Smith, Jaletta) |
| Filing 35 NOTICE of Appearance by Jaletta Long Smith on behalf of Anita Henry, Ed Henry (Smith, Jaletta) |
| Filing 34 Joint MOTION for Extension of Time of Decision and Order re: #27 Temporary Restraining Order,,,,, by AWP, Inc.. (Attachments: #1 Text of Proposed Order)(Fellows, Henry) |
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Filing 33
SECOND AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 04/30/2020. (dgs) (ADI)
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Filing 32
ORDER granting in part #30 Motion for Extension of Temporary Restraining Order. The Temporary Restraining Order Against Defendant Kent Puckett is extended for an additional fourteen days through and including May 19, 2020. Signed by Judge Steven D. Grimberg on 5/4/2020. (jed)
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| Filing 31 NOTICE Of Filing by AWP, Inc. re Remark,, Declarations that Defendant Puckett Received Notice of the Court's Temporary Restraining Order Against HIm (Attachments: #1 Declaration of Jeff Dolbier, #2 Declaration of Henry D. Fellows, Jr.)(Fellows, Henry) |
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ORAL ORDER: The Court has reviewed Plaintiff's #30 Motion for Extension of Temporary Restraining Order Against Defendant Kent Puckett and DIRECTS Plaintiff to supplement its motion with evidence or information demonstrating that Defendant Puckett received notice of the Court's #26 Temporary Restraining Order against him, or alternatively the efforts undertaken by Plaintiff to effectuate such notice. Ruled on by Judge Steven D. Grimberg on 4/30/2020. (ash) Modified on 4/30/2020 to edit text (jed).
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| Filing 30 MOTION for Extension of Time - Motion for Extension of Temporary Restraining Order Against Defendant Puckett re: #26 Order,,,, with Brief In Support by AWP, Inc.. (Attachments: #1 Brief)(Fellows, Henry) |
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Filing 29
ORDER granting #23 Application of Jack Strauch for Admission Pro Hac Vice. Signed by Judge Steven D. Grimberg on 4/27/2020. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(jed)
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| Filing 28 Injunction BOND in the amount of $ 10,000, issued by Hartford Fire Insurance Company, posted by AWP, Inc pursuant to #26 Order. (jed) |
| Forwarded copy of #28 Bond to Financial. (jed) |
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Filing 27
DECISION AND ORDER: Currently pending before the Court is Plaintiff AWP, Inc.'s motion for temporary restraining order against Defendants Ed Henry and Anita Henry (the Henrys) [ECF #2 ]. Counsel for AWP and counsel for the Henrys have informed the Court that they consent to the following terms of this Order, without waiver of their defenses in this action, including jurisdiction and venue, and without admitting the allegations in AWP's Complaint. The Henrys are restrained and enjoined from violating the restrictive covenants in the Purchase Agreement entered into on October 30, 2015, among AWP, Traffic Specialties, Inc., Ed Henry, and Anita Henry. Specifically, the Henrys (1) shall not solicit or employ AWP's employees; AWPs independent contractors; AWP's customers; or, AWP or TSI's former employees mentioned in the restrictive covenants; and, (2) shall not work directly or indirectly in any capacity relating to the traffic safety and coordination industry with Defendants L30, Angela McNulty, Kent Puckett, or Wesley "Del" Temple. This Order shall remain in effect for fourteen days from its date of entry, unless terminated, modified, or extended through a subsequent Order entered by the Court. Signed by Judge Steven D. Grimberg on 4/23/2020. (tmf)
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| APPROVAL by Clerks Office re: #23 APPLICATION for Admission of Jack M. Strauch Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9615287).. Attorney Jack M. Strauch added appearing on behalf of AWP, Inc. (nmb) |
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Filing 26
OPINION AND ORDER re #2 MOTION for Temporary Restraining Order filed by AWP, Inc. AWP's Motion for Temporary Restraining Order against Defendant Kent Puckett is GRANTED. Puckett is RESTRAINED AND ENJOINED from violating the restrictive covenants in the Puckett Agreement. AWP's Motion for Temporary Restraining Order against L30 and Angela McNulty is DENIED. AWP's Motion for Temporary Restraining Order against Puckett, Wesley Temple, and the other Defendants as to the Georgia Trade Secrets Act is DENIED. Plaintiff's oral request for expedited discovery is DENIED. Plaintiff is ORDERED to post a bond in the amount of $10,000 with the Clerk of Court, no later than Friday, April 24, 2020. This TRO shall remain in effect through and including May 5, 2020, or until further order from the Court, whichever is sooner. Plaintiff is ORDERED to serve a copy of this Order on Defendant Puckett at his last known residence, via courier or overnight delivery, no later than Friday, April 24, 2020. Signed by Judge Steven D. Grimberg on April 22, 2020. (ash)
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| Filing 25 PROPOSED CONSENT ORDER re #2 Motion for Temporary Restraining Order. (Fellows, Henry) |
| Filing 24 NOTICE of Appearance by Robert DeWitt Thomas on behalf of Anita Henry, Ed Henry (Thomas, Robert) |
| Filing 23 APPLICATION for Admission of Jack M. Strauch Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9615287).by AWP, Inc.. (Fellows, Henry) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 22 Minute Entry for proceedings held before Judge Steven D. Grimberg: Motion Hearing held on 4/21/2020 re #2 MOTION for Temporary Restraining Order. #2 Motion for TRO GRANTED IN PART & DENIED IN PART. Counsel for all parties appeared except for Defendants Puckett and Temple. Plaintiff's counsel represented that Defendants Puckett and Temple were served with process, and the Court found that reasonable efforts were made by Plaintiff to notify Defendants Puckett and Temple concerning the scheduled hearing. Counsel for Plaintiff and for Defendants Ed and Anita Henry announced that a resolution had been reached with respect to their portion of the Motion for Temporary Restraining Order. The Court DENIED Plaintiff's Motion for Temporary Restraining Order against Defendants Angela McNulty and L30 Consulting, LLC. The Court DENIED Plaintiff's oral request for expedited discovery. The Court GRANTED Plaintiff's Motion for Temporary Restraining Order against Defendant Kent Puckett. The Court DENIED Plaintiff's Motion for Temporary Restraining Order against all Defendants with respect to disclosure of Plaintiff's trade secrets. The Court ORDERED Plaintiff to post a $10,000 security bond. Plaintiff's counsel was ordered to prepare and submit to the Court a proposed consent order with respect to the resolution reached with Defendants Ed and Anita Henry, after conferring with their counsel. Plaintiff's counsel was further ordered to prepare a proposed order on the remaining portions of the Court's rulings from the bench. Counsel for Ed and Anita Henry was ordered to enter a formal notice of appearance in the case promptly. Written orders to follow. (Court Reporter Alicia Bagley)(tcc) |
| Filing 21 NOTICE of Appearance by Thomas T. Tate on behalf of Anita Henry, Ed Henry (Tate, Thomas) |
| Filing 20 NOTICE by AWP, Inc. re #13 Notice of Hearing on Motion, Plaintiff's Identification of Possible Witnesses and Exhibits for Use During Hearing on Motion for Temporary Restraining Order (Fellows, Henry) |
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Filing 19
ORDER granting #15 Application for Admission Pro Hac Vice of John Richard Zoesch, III. Signed by Judge Steven D. Grimberg on 4/20/20. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(jpa)
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Filing 18
ORDER granting #16 Application for Admission Pro Hac Vice of James Nixon Daniel, III. Signed by Judge Steven D. Grimberg on 4/20/20. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(jpa)
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| Filing 17 RESPONSE in Opposition re #2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED filed by L30 Consulting, LLC, Angela N. McNulty. (Attachments: #1 Exhibit Declaration of Angela McNulty)(Clark, Robin) |
| Filing 16 APPLICATION for Admission of James Nixon Daniel, III Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9609389).by L30 Consulting, LLC, Angela N. McNulty. (Attachments: #1 Text of Proposed Order Proposed Order)(Clark, Robin) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 15 APPLICATION for Admission of John Richard Zoesch, III Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9609310).by L30 Consulting, LLC, Angela N. McNulty. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order Proposed Order)(Clark, Robin) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 14 NOTICE of Appearance by Robin Frazer Clark on behalf of L30 Consulting, LLC, Angela N. McNulty (Clark, Robin) |
| NOTICE OF VIDEO PROCEEDING re: #2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED. Motion Hearing set for 4/21/2020 at 10:00 AM before Judge Steven D. Grimberg. Connection Instructions: https://ganduscourts.zoomgov.com/j/1616765841; Meeting ID: 161 676 5841; Password: 176701; Call in Number: 646-828-7666 You must follow the instructions of the Court for remote proceedings available #here. Photographing, recording, or broadcasting of any judicial proceedings, including proceedings held by video teleconferencing or telephone conferencing, is strictly and absolutely prohibited. (ash) |
| APPROVAL by Clerks Office re: #15 APPLICATION for Admission of John Richard Zoesch, III Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9609310).. Attorney John R. Zoesch, III added appearing on behalf of L30 Consulting, LLC, Angela N. McNulty (nmb) |
| Clerk's Certificate of Mailing as to James Nixon Daniel, III re #18 Order on Application for Admission PHV. (jpa) |
| Clerk's Certificate of Mailing as to John Richard Zoesch,III re #19 Order on Application for Admission PHV. (jpa) |
| APPROVAL by Clerks Office re: #16 APPLICATION for Admission of James Nixon Daniel, III Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9609389).. Attorney James Nixon Daniel, III added appearing on behalf of L30 Consulting, LLC, Angela N. McNulty (nmb) |
| Filing 13 NOTICE of Hearing on Motion re: #2 MOTION for Temporary Restraining Order. Motion Hearing set for 4/21/2020 at 10:00 AM before Judge Steven D. Grimberg. Due to the current public health emergency, the hearing will be conducted via remote audio and video means. Please see the court docket for dial-in instructions. (ash) |
| Filing 12 Return of Service Executed by AWP, Inc.. L30 Consulting, LLC served on 4/17/2020, answer due 5/8/2020. (Fellows, Henry) |
| Filing 11 Return of Service Executed by AWP, Inc.. Angela N. McNulty served on 4/17/2020, answer due 5/8/2020. (Fellows, Henry) |
| Filing 10 Return of Service Executed by AWP, Inc.. Kent Puckett served on 4/17/2020, answer due 5/8/2020. (Fellows, Henry) |
| Filing 9 Return of Service Executed by AWP, Inc.. Kent Puckett served on 4/16/2020, answer due 5/7/2020. (Fellows, Henry) |
| Filing 8 Return of Service Executed by AWP, Inc.. Wesley (Del) Temple served on 4/16/2020, answer due 5/7/2020. (Fellows, Henry) |
| Filing 7 Return of Service Executed by AWP, Inc.. Anita Henry served on 4/16/2020, answer due 5/7/2020. (Fellows, Henry) |
| Filing 6 Return of Service Executed by AWP, Inc.. Ed Henry served on 4/16/2020, answer due 5/7/2020. (Fellows, Henry) |
| Filing 5 Certification of Plaintiff's Counsel as to Efforts to Provide Notice to Defendants of Civil Action and Motion for Temporary Restraining Order by AWP, Inc. (jed) |
| Filing 4 Electronic Summons Issued as to Anita Henry, Ed Henry, L30 Consulting, LLC, Angela N. McNulty, Kent Puckett, and Wesley (Del) Temple. (Attachments: #1 Summons as to Anita Henry, #2 Summons as to L30 Consulting, LLC, #3 Summons as to Angela McNulty, #4 Summons as to Kent Puckett, #5 Summons as to Wesley Temple)(jed) |
| Filing 3 Certificate of Interested Persons and Corporate Disclosure Statement by AWP, Inc. identifying Corporate Parent AWP Group Holdings, Inc., Corporate Parent Blue Point Capital Partners, and Corporate Parent Riverside Company for AWP, Inc.(jed) |
| Filing 2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED by AWP, Inc. (Attachments: #1 Exhibit Exhibit A - Declaration of Michael Anderson, #2 Exhibit B - Redacted Purchase Agreement, #3 Exhibit C - Declaration of Greg Murray, #4 Exhibit D - Declaration of Nick McCullough, #5 Exhibit E - Declaration of Kevin Adams, #6 Exhibit F - Confidentiality, Non-Competition and Non-Solicitation Agreement with, #7 Brief in Support of Motion for Temporary Restraining Order, #8 Text of Proposed Order)(jed) |
| Filing 1 COMPLAINT FOR SPECIFIC PERFORMANCE, INJUNCTIVE RELIEF, AND DAMAGES filed by AWP, Inc. (Filing fee $400, receipt number AGANDC-9599465) (Attachments: #1 Exhibit A - Declaration of Michael Anderson, #2 Exhibit B - Redacted Purchase Agreement, #3 Exhibit C - Declaration of Greg Murray, #4 Exhibit D - Declaration of Nick McCullough, #5 Exhibit E - Declaration of Kevin Adams, #6 Exhibit F - Confidentiality, Non-Competition and Non-Solicitation Agreement with, #7 Civil Cover Sheet)(jed) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
| Submission of #2 MOTION for Temporary Restraining Order to District Judge Steven D. Grimberg. (jed) |
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