Fulton County Special Purpose Grand Jury v. Graham
| Fulton County Special Purpose Grand Jury |
| Lindsey Graham |
| Donald B. Ayer, John Farmer, Renato Mariotti, William F. Weld, Shan Wu and Sarah R. Saldana |
| 1:2022cv03027 |
| July 29, 2022 |
| US District Court for the Northern District of Georgia |
| Leigh Martin May |
| Other Statutory Actions |
| None |
Docket Report
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| Filing 50 Transmission of Certified Copy of Amended Notice of Appeal, Orders and Docket Sheet to US Court of Appeals re: #48 Notice of Appeal. (pjm) |
| Filing 49 USCA Appeal Transmission Letter to USCA- 11th Circuit re: #48 Amended Notice of Appeal, filed by Lindsey Graham. (pjm) |
| Filing 48 AMENDED NOTICE OF APPEAL as to #44 Order on Motion to Quash, #27 Order on Motion to Quash, by Lindsey Graham. Transcript Order Form due on 10/10/2022 (Attachments: #1 Exhibit 1 - August 15, 2022 Order, #2 Exhibit 2 - September 1, 2022 Order)(Lea, Brian) Modified on 9/26/2022 update text (pjm). |
| Filing 47 USCA ORDER: Appellants Motion for Clarification of the Courts September 2, 2022 Order by Senator Lindsey O. Graham is GRANTED. The Court clarifies that the September 2, 2022 order limits further submissions only with respect to the pending Emergency Motion by Senator Lindsey O. Graham to Stay District Courts Order and Enjoin Select Grand Jury Proceedings Pending Appeal. The Appellants initial brief remains due October 11, 2022 re: #32 Notice of Appeal filed by Lindsey Graham. Case Appealed to USCA- 11th Circuit. Case Number 22-12696-DD. (pjm) |
| Filing 46 USCA Order: In light of the district courts September 1, 2022 order on limited remand, the Court directs supplemental briefing on the Emergency Motion by Senator Lindsey O. Graham to Stay District Courts Order and Enjoin Select Grand Jury Proceedings Pending Appeal. Within 20 days after the date of this order, Appellant is directed to file a supplement to his motion. Within 15 days after the filing of Appellants supplement, Appellee is directed to file a response to Appellants supplement. No further submissions will be allowed re: #32 Notice of Appeal filed by Lindsey Graham. Case Appealed to USCA- 11th Circuit. Case Number 22-12696-DD. (pjm) |
| 2nd AMENDED- Pursuant to F.R.A.P.11(c), the Clerk certifies that the record is complete for purposes of this appeal, #32 Notice of Appeal. Case Appealed to USCA - 11th Circuit. Case Appealed to USCA- 11th Circuit Case Number 22-12696-DD. The entire record on appeal is available electronically. (pjm) |
| Filing 45 TRANSCRIPT ORDER FORM (All necessary transcript(s) already on file) re: #32 Notice of Appeal. (Lea, Brian) Modified on 9/2/2022 to update text (pjm). |
Filing 44
ORDER granting in part and denying in part #40 Supplemental Motion to Quash. The Court further DIRECTS the Clerk to TRANSMIT a copy of this Order and the record on limited remand [38-43] to the Eleventh Circuit Court of Appeals. Signed by Judge Leigh Martin May on 9/1/2022. (bnp)
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| Remark re: #44 Order on Motion to Quash: Order has been forwarded to the USCA- 11th Circuit electronically. (pjm) |
| Filing 43 REPLY to Response to Motion re #40 Supplemental MOTION to Quash Subpoena Ordered by the Court filed by Lindsey Graham. (Lea, Brian) |
| Filing 42 RESPONSE in Opposition re #40 Supplemental MOTION to Quash Subpoena Ordered by the Court filed by Fulton County Special Purpose Grand Jury. (Wakeford, Francis) Modified on 8/29/2022 to edit event text(bnp). |
| Filing 41 USCA Order: The Application to Appear Pro Hac Vice submitted by Norman Eisen, seeking to represent Donald B. Ayer, John Farmer, Renato Mariotti, Sarah R. Saldana, William F. Weld, and Shan Wu, is hereby GRANTED re: #32 Notice of Appeal filed by Lindsey Graham. Case Appealed to USCA- 11th Circuit. Case Number 22-12696-DD. (pjm) |
| Filing 40 Supplemental MOTION to Quash Subpoena Ordered by the Court with Brief In Support by Lindsey Graham. (Attachments: #1 Brief)(Lea, Brian) |
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Filing 38
ORDER: Senator Graham has until 9:00 AM on Wednesday, August 24, 2022, to file a Motion as to exactly which questions and/or categories of information he is requesting the Court to address in an Order to partially quash the subpoena. The Fulton County District Attorneys Office will then have until Monday, August 29, 2022, at 9:00 AM to file its Response. Senator Grahams Reply is due on Wednesday, August 31, 2022, at 9:00 AM. Signed by Judge Leigh Martin May on 8/22/22. (rlh)
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| Submission of #39 USCA Limited Remand to District Judge Leigh Martin May. (kac) |
| Filing 39 USCA Order of LIMITED REMAND to USDC for the limited purpose of allowing the district court to determine whether Appellant is entitled to a partial quashal or modification of the subpoena to appear before the special purpose grand jury based on any protections afforded by the Speech or Debate Clause of the United States Constitution re: #32 Notice of Appeal filed by Lindsey Graham. The district court's August 15, 2022 order remanding the case to the Superior Court of Fulton County for further proceedings (Doc. 27) is TEMPORARILY STAYED pending resolution of the "Emergency Motion by Senator Lindsey O. Graham to Stay District Court's Order and Enjoin Select Grand Jury Proceedings Pending Appeal," which is HELD IN ABEYANCE in pending a limited remand. Case Appealed to USCA - 11th Circuit. USCA Case Number 22-12696-DD. Jurisdiction of this appeal is being retained by the Circuit Court. Upon completion of remand proceedings, please send a certified copy of the Order on Remand accompanied by an updated district court docket sheet to the Circuit Clerk. (kac) Modified on 8/22/2022 (kxm). |
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Filing 37
ORDER denying #29 Senator Lindsey Graham's Emergency Motion to Stay; denying #30 Senator Graham's Emergency Motion for Hearing. Signed by Judge Leigh Martin May on 8/19/2022. (kxm)
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| Filing 36 RESPONSE in Opposition re #29 Emergency MOTION to Stay Order and Enjoin Select Grand Jury Proceedings Pending Appeal filed by Fulton County Special Purpose Grand Jury. (Wakeford, Francis) |
| AMENDED- Pursuant to F.R.A.P.11(c), the Clerk certifies that the record is complete for purposes of this appeal, #32 Notice of Appeal. Case Appealed to USCA- 11th Circuit. Case Number 22-12696-DD. The entire record on appeal is available electronically. (pjm) |
| Filing 35 USCA Acknowledgment of #32 Notice of Appeal filed by Lindsey Graham. Case Appealed to USCA- 11th Circuit. Case Number 22-12696-F. (pjm) |
| Filing 34 Transmission of Certified Copy of Notice of Appeal, USCA Appeal Fees, Judgment, Order and Docket Sheet to US Court of Appeals re: #32 Notice of Appeal. (pjm) |
| Filing 33 USCA Appeal Transmission Letter to USCA- 11th Circuit re: #32 Notice of Appeal filed by Lindsey Graham. (pjm) |
| Pursuant to F.R.A.P.11(c), the Clerk certifies that the record is complete for purposes of this appeal, #32 Notice of Appeal. Case Appealed to USCA- 11th Circuit. Case Number 22-12696-DD. The entire record on appeal is available electronically. (pjm) |
| Filing 32 NOTICE OF APPEAL as to #27 Order on Motion to Quash, by Lindsey Graham. Filing fee $ 505, receipt number AGANDC-12004815. Transcript Order Form due on 8/31/2022 (Attachments: #1 Exhibit 1 - Notice of Appeal)(Lea, Brian) |
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Filing 31
ORDER: The Office of the Fulton County District Attorney is hereby ORDERED to respond to Senator Graham's #29 Emergency Motion by 9:00 AM on Friday, August 19, 2022. Signed by Judge Leigh Martin May on 8/17/2022. (bnp)
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| Filing 30 Emergency MOTION for Hearing on Senator Graham's Emergency Motion to Stay Order and Enjoin Select Grand Jury Proceedings Pending Appeal with Brief In Support by Lindsey Graham. (Attachments: #1 Memorandum of Law In Support, #2 Exhibit 1 - Decl. of Brian C. Lea)(Lea, Brian) |
| Filing 29 Emergency MOTION to Stay Order and Enjoin Select Grand Jury Proceedings Pending Appeal with Brief In Support by Lindsey Graham. (Attachments: #1 Brief Memorandum of Law In Support, #2 Exhibit 1 - Decl. of Brian C. Lea, #3 Exhibit 2 - Special Purpose Grand Jury Docket)(Lea, Brian) |
| Filing 28 Certified Copy re #27 Order on Expedited Motion to Quash and Remand Case to Superior Court of Fulton County sent via certified mail receipt number 91 7199 9991 7032 5717 9696 to Superior Court of Fulton County (kxm) |
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Filing 27
ORDER denying without prejudice #2 Expedited Motion to Quash. Because the record must be more fully developed before the Court can address the applicability of the Speech or Debate Clause to specific questions or lines of inquiry, and because Senator Grahams only request in removing the subpoena to this Court was to quash the subpoena in its entirety, the Case is REMANDED to the Superior Court of Fulton County for further proceedings. Signed by Judge Leigh Martin May on 8/15/2022. (kxm)
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| Civil Case Terminated. (kxm) |
| Filing 26 TRANSCRIPT of Proceedings held on 8/10/2022, before Judge Leigh Martin May. Court Reporter Montrell Vann. Transcript can be purchased through the Court Reporter at Montrell_Vann@gand.uscourts.gov. Redaction Request due 9/2/2022. Redacted Transcript Deadline set for 9/12/2022. Release of Transcript Restriction set for 11/10/2022. (mv) (Additional attachment(s) added on 8/15/2022: #1 Notice of Filing) (anc). |
| Filing 25 APPLICATION for Admission of Marshall T. Austin Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11992324).by Lindsey Graham. (Lea, Brian) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 24 REPLY BRIEF re #2 MOTION to Quash and Post-Hearing Response filed by Fulton County Special Purpose Grand Jury. (Wakeford, Francis) |
| Filing 23 REPLY BRIEF re #2 MOTION to Quash filed by Lindsey Graham. (Lea, Brian) |
| Filing 22 Minute Entry for proceedings held before Judge Leigh Martin May: Motion Hearing held on 8/10/2022. Oral argument was held on Senator Graham's Expedited Motion to Quash #2 . The motion was taken under advisement. A written order will follow. Counsel for Senator Graham shall respond to the amicus brief and the burden of proof issues by noon on Thursday, August 11th. If Fulton County intends to respond, it shall do so by 9:00 AM on Friday, August 12th. (Court Reporter Montrell Vann)(bnp) |
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ORAL ORDER granting #19 Application for Admission of Edward Bart Daniel Pro Hac Vice. Ruled on by Judge Leigh Martin May on 8/10/2022. 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.(bnp)
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| Filing 21 Amicus Curiae Brief in Opposition re #2 MOTION to Quash filed by Donald B. Ayer, John Farmer, Renato Mariotti, Sarah R. Saldana, William F. Weld, Shan Wu. (kxm) Modified on 8/10/2022 (bnp). |
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Filing 20
ORDER granting #8 Motion for Leave to File Brief as Amici Curiae in Opposition to United States Senator Lindsey Graham's Expedited Motion to Quash. The Clerk is DIRECTED to docket Movants' Brief as of the date of this Order. If Senator Graham intends to file a response to this brief, it should be filed by noon on Thursday, August 11, 2022. Signed by Judge Leigh Martin May on 8/9/2022. (kxm)
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ORAL ORDER granting #11 Application for Admission of Joshua Matz Pro Hac Vice. Ruled on by Judge Leigh Martin May on 8/9/2022. 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.(bnp)
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ORAL ORDER granting #16 Application for Admission of Jonathan Lentine Williams Pro Hac Vice. Ruled on by Judge Leigh Martin May on 8/9/2022. 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.(bnp)
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ORAL ORDER granting #6 Application for Admission of Donald F. McGahn II Pro Hac Vice. Ruled on by Judge Leigh Martin May on 8/9/2022. 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.(bnp)
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ORAL ORDER granting #7 Application for Admission of Robert Luther III Pro Hac Vice. Ruled on by Judge Leigh Martin May on 8/9/2022. 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.(bnp)
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| APPROVAL by Clerks Office re: #6 APPLICATION for Admission of Donald F. McGahn II Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11966075). Attorney Donald F. McGahn, II added appearing on behalf of Lindsey Graham (cdg) |
| APPROVAL by Clerks Office re: #11 APPLICATION for Admission of Joshua Matz Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11975005). Attorney Joshua Matz added appearing on behalf of Donald B. Ayer, John Farmer, Renato Mariotti, Sarah R. Saldana, William F. Weld, Shan Wu (cdg) |
| APPROVAL by Clerks Office re: #16 APPLICATION for Admission of Jonathan Lentine Williams Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11975086). Attorney Jonathan Lentine Williams added appearing on behalf of Donald B. Ayer, John Farmer, Renato Mariotti, Sarah R. Saldana, William F. Weld, Shan Wu (cdg) |
| APPROVAL by Clerks Office re: #12 APPLICATION for Admission of Raymond P. Tolentino Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11975041). Attorney Raymond P. Tolentino added appearing on behalf of Donald B. Ayer, John Farmer, Renato Mariotti, Sarah R. Saldana, William F. Weld, Shan Wu (cdg) |
| APPROVAL by Clerks Office re: #15 APPLICATION for Admission of Maithreyi Ratakonda Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11975070).. Attorney Maithreyi Ratakonda added appearing on behalf of Donald B. Ayer, John Farmer, Renato Mariotti, Sarah R. Saldana, William F. Weld, Shan Wu (cdg) |
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ORAL ORDER granting #14 Application for Admission of Norman Larry Eisen Pro Hac Vice. Ruled on by Judge Leigh Martin May on 8/9/2022. 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.(bnp)
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ORAL ORDER granting #13 Application for Admission of Jacqueline Sahlberg Pro Hac Vice. Ruled on by Judge Leigh Martin May on 8/9/2022. 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.(bnp)
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| APPROVAL by Clerks Office re: #19 APPLICATION for Admission of Edward Bart Daniel Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11978387).. Attorney Edward Bart Daniel added appearing on behalf of Donald B. Ayer, John Farmer, Renato Mariotti, Sarah R. Saldana, William F. Weld, Shan Wu (cdg) |
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ORAL ORDER granting #15 Application for Admission of Maithreyi Ratakonda Pro Hac Vice. Ruled on by Judge Leigh Martin May on 8/9/2022. 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.(bnp)
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| APPROVAL by Clerks Office re: #13 APPLICATION for Admission of Jacqueline Sahlberg Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11975049).. Attorney Jacqueline Sahlberg added appearing on behalf of Donald B. Ayer, John Farmer, Renato Mariotti, Sarah R. Saldana, William F. Weld, Shan Wu (cdg) |
| APPROVAL by Clerks Office re: #14 APPLICATION for Admission of Norman Larry Eisen Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11975060).. Attorney Norman Larry Eisen added appearing on behalf of Donald B. Ayer, John Farmer, Renato Mariotti, Sarah R. Saldana, William F. Weld, Shan Wu (cdg) |
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ORAL ORDER granting #12 Application for Admission of Raymond P. Tolentino Pro Hac Vice. Ruled on by Judge Leigh Martin May on 8/9/2022. 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.(bnp)
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| APPROVAL by Clerks Office re: #7 APPLICATION for Admission of Robert Luther III Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11966076). Attorney Robert Luther, III added appearing on behalf of Lindsey Graham (cdg) |
| Submission of #2 MOTION to Quash, to District Judge Leigh Martin May. (tas) |
| Filing 19 APPLICATION for Admission of Edward Bart Daniel Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11978387).by Lindsey Graham. (Lea, Brian) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 18 REPLY to Response to Motion re #2 MOTION to Quash filed by Lindsey Graham. (Lea, Brian) |
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Filing 17
ORDER: This matter is before the Court on a Motion for Leave to File Brief as Amici Curiae #8 . Any opposition to the motion SHALL be filed by 5:00 p.m. on Monday, August 8, 2022. Signed by Judge Leigh Martin May on 8/5/2022. (bnp)
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| Filing 16 APPLICATION for Admission of Jonathan Lentine Williams Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11975086).by Donald B. Ayer, John Farmer, Renato Mariotti, Sarah R. Saldana, William F. Weld, Shan Wu. (Wells, Mary) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 15 APPLICATION for Admission of Maithreyi Ratakonda Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11975070).by Donald B. Ayer, John Farmer, Renato Mariotti, Sarah R. Saldana, William F. Weld, Shan Wu. (Wells, Mary) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 14 APPLICATION for Admission of Norman Larry Eisen Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11975060).by Donald B. Ayer, John Farmer, Renato Mariotti, Sarah R. Saldana, William F. Weld, Shan Wu. (Wells, Mary) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 13 APPLICATION for Admission of Jacqueline Sahlberg Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11975049).by Donald B. Ayer, John Farmer, Renato Mariotti, Sarah R. Saldana, William F. Weld, Shan Wu. (Wells, Mary) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 12 APPLICATION for Admission of Raymond P. Tolentino Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11975041).by Donald B. Ayer, John Farmer, Renato Mariotti, Sarah R. Saldana, William F. Weld, Shan Wu. (Wells, Mary) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 11 APPLICATION for Admission of Joshua Matz Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11975005).by Donald B. Ayer, John Farmer, Renato Mariotti, Sarah R. Saldana, William F. Weld, Shan Wu. (Wells, Mary) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 10 NOTICE of Appearance by Francis McDonald Wakeford, IV on behalf of Fulton County Special Purpose Grand Jury (Wakeford, Francis) |
| Filing 9 RESPONSE in Opposition re #2 MOTION to Quash filed by Fulton County Special Purpose Grand Jury. (Wakeford, Francis) |
| Filing 8 MOTION for Leave to File Brief as Amici Curiae with Proposed Brief by Donald B. Ayer, John Farmer, Renato Mariotti, William F. Weld, Shan Wu, Sarah R. Saldana. (Attachments: #1 Proposed Brief of Former Federal Prosecutors as Amici Curiae in Opposition to Motion to Quash)(Wells, Mary) |
| Filing 7 APPLICATION for Admission of Robert Luther III Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11966076).by Lindsey Graham. (Lea, Brian) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 6 APPLICATION for Admission of Donald F. McGahn II Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11966075).by Lindsey Graham. (Lea, Brian) Documents for this entry are not available for viewing outside the courthouse. |
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Filing 5
ORDER granting #3 Motion to Expedite Proceedings. The Office of the Fulton County District Attorney is hereby ORDERED to respond to Senator Grahams Expedited Motion to Quash, Dkt. #2 , by noon on Thursday, August 4, 2022. Any reply shall be filed by noon on Friday, August 5, 2022. Signed by Judge Leigh Martin May on 8/1/2022. (kxm) Modified on 8/1/2022 (kxm).
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| Set/Reset Deadlines as to #2 MOTION to Quash. Motion Hearing set for 8/10/2022 at 02:00 PM in ATLA Courtroom 2107 before Judge Leigh Martin May. (kxm) |
| Filing 4 Certificate of Interested Persons and Corporate Disclosure Statement by Lindsey Graham. (kxm) |
| Filing 3 MOTION to Expedite Proceedings with Brief In Support by Lindsey Graham. (Attachments: #1 Brief, #2 Exhibit 1 Motion to Expedite Proceedings - Subpoena)(kxm) |
| Filing 2 Expedited MOTION to Quash with Brief In Support by Lindsey Graham. (Attachments: #1 Brief, #2 Exhibit 1 Motion to Quash - Certificate, #3 Exhibit 2 Motion to Quash - Petition, #4 Exhibit 3 Motion to Quash - Subpoena)(kxm) |
| Filing 1 NOTICE OF REMOVAL (Filing fee $ 402 receipt number AGANDC-11962101) filed by Lindsey Graham. (Attachments: #1 Exhibit 1 Notice of Removal - Subpoena, #2 Exhibit 2 Notice of Removal - Certificate, #3 Exhibit 3 Notice of Removal - Petition, #4 Exhibit 4 Notice of Removal - Fulton County Superior Court Docket, #5 Civil Cover Sheet)(kxm) 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. |
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