Miller et al v. Smith et al

Miller et al v. Smith et al

Plaintiff:	Second Amendment Foundation, Inc., Darin E. Miller, Illinois Carry, Illinois State Rifle Association and Jennifer J. Miller
Defendant:	Beverly J. Walker, Lisa Madigan, Kwame Raoul and Marc D Smith
Case Number:	3:2018cv03085
Filed:	April 16, 2018
Court:	US District Court for the Central District of Illinois
Office:	Springfield Office
County:	Shelby
Presiding Judge:	Sue E Myerscough
Referring Judge:	Tom Schanzle-Haskins
Nature of Suit:	Civil Rights: Other
Cause of Action:	42 U.S.C. § 1983
Jury Demanded By:	None

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Docket Report

This docket was last retrieved on March 14, 2022. A more recent docket listing may be available from PACER.

Date Filed	Document Text
April 7, 2020	Filing 38 MOTION to Compel Organizational Plaintffs' Production by Defendants Kwame Raoul, Marc D Smith. Responses due by 4/21/2020 (Attachments: #1 Exhibit Exh. A - IC Responses, #2 Exhibit Exh. B - ISRA Responses, #3 Exhibit Exh. C - SAF Responses, #4 Exhibit Exh. D - Letter, #5 Exhibit Exh. E - Email)(Helfrich, Gretchen)
March 26, 2020	TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. The Joint Motion to Stay Deadlines and Request for Status or, in the Alternative, Motion to Extend Deadlines #37 is ALLOWED IN PART. The Court believes the reasons cited are insufficient to warrant the length of discovery extension requested by the parties. The Court will extend deadlines as follows: Fact Discovery due by 8/1/2020; Plaintiff`s Expert Disclosure due by 8/31/2020; Defendant`s Expert Disclosure due by 12/1/2020; Expert Discovery due by 1/15/2021; Dispositive Motions due by 3/15/2021. Telephonic Status Conference set 12/17/2020 is CANCELLED and reset Wednesday, 1/20/2021, at 11:00 AM (court will place call) before Magistrate Schanzle-Haskins. Final pretrial conference and bench trial settings remain as previously scheduled. (LB, ilcd)
March 20, 2020	Filing 37 Joint MOTION to Stay Discovery Deadlines by Defendants Kwame Raoul, Marc D Smith. Responses due by 4/3/2020 (Helfrich, Gretchen)
March 4, 2020	MINUTE ENTRY for proceedings held before U.S. Magistrate Judge Tom Schanzle-Haskins. Telephonic status conference held at the parties' request with counsel for Plaintiffs, David Sigale, and counsel for Defendants, Gretchen Helfrich, Aaron Wenzloff, and Matthew Chimienti. Defendants' counsel advises that supplemental discovery responses are past due from Plaintiffs. Plaintiffs' counsel advises that he has responded to the Defendants' discovery requests and that his clients are currently working to determine if there is anything further to be supplemented. Plaintiffs to supplement, or state that there is nothing to be supplemented, on or before 3/25/2020. Defendants are granted until 4/7/2020 in which to file any motion to compel. (LB, ilcd)
March 3, 2020	NOTICE OF HEARING: At the request of the parties, telephonic Status Conference set Wednesday, 3/4/2020, at 11:00 a.m. (court will place call) before U.S. Magistrate Judge Tom Schanzle-Haskins. (LB, ilcd)
February 27, 2020	TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Agreed Motion for Extension of Discovery Schedule #36 ALLOWED. REVISED TIME LIMITS AND SETTINGS ARE ORDERED AS FOLLOWS: Fact Discovery due by 7/1/2020; Plaintiff`s Expert Disclosure due by 7/31/2020; Defendant`s Expert Disclosure due by 11/1/2020; Expert Discovery due by 12/15/2020; Dispositive Motions due by 2/15/2021. Final Pretrial Conference set 12/7/2020 is CANCELLED and reset 6/1/2021 at 2:00 PM in Courtroom 1 in Springfield before U.S. District Judge Sue E. Myerscough. Bench Trial set 12/22/2020 is CANCELLED and reset 6/15/2021 at 9:00 AM before Judge Myerscough. Telephonic Status Conference set 6/24/2020 is CANCELLED and reset Thursday, 12/17/2020, at 10:30 AM (court will place call) before Magistrate Judge Schanzle-Haskins. (LB, ilcd)
February 24, 2020	Filing 36 MOTION for Extension of Time to Complete Discovery (Agreed) by Plaintiffs Illinois Carry, Illinois State Rifle Association, Darin E. Miller, Jennifer J. Miller, Second Amendment Foundation, Inc.. Responses due by 3/9/2020 (Sigale, David)
February 4, 2020	Filing 35 OPINION entered by U.S. Magistrate Judge Tom Schanzle-Haskins. Defendants' Motion to Compel Discovery Regarding Miller Plaintiffs' Firearms #30 is ALLOWED in part and DENIED in part. The Millers are ordered to provide to the Defendants by February 24, 2020, the additional answers to Defendants' Interrogatories and to produce the additional documents as directed. The Court determines that each party should pay its own costs and expenses incurred in connection with this Motion pursuant to Fed. R. Civ. P. 37(a)(5)(C). See written order. (LB, ilcd)
January 31, 2020	Filing 34 RESPONSE to Motion re #30 MOTION to Compel Discovery filed by Plaintiffs Darin E. Miller, Jennifer J. Miller. (Sigale, David)
January 23, 2020	TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Defendants' Unopposed Motion for Leave to File Exhibits Under Seal #31 ALLOWED. Sealed document #32 is allowed to stand as filed. (LB, ilcd)
January 21, 2020	Notice of Docket Text or Event Modification regarding #30 MOTION to Compel Discovery, #31 MOTION for Leave to File Document Under Seal and #33 Certificate of Service/Counsel: At request of counsel for defendants Raoul and Smith, Clerk modified the docket text for d/e's #30 , #31 and #33 to include defendant Marc D Smith. (MAS, ilcd)
January 17, 2020	Filing 33 CERTIFICATE of Service/Counsel by Gretchen Elizabeth Helfrich on behalf of Kwame Raoul, Marc D Smith (Helfrich, Gretchen) Modified on 1/21/2020 (MAS, ilcd).
January 17, 2020	Filing 32 +++ SEALED DOCUMENT.. (Helfrich, Gretchen)
January 17, 2020	Filing 31 MOTION for Leave to File Document Under Seal by Defendants Kwame Raoul, Marc D Smith. Responses due by 1/31/2020 (Helfrich, Gretchen) Modified on 1/21/2020 (MAS, ilcd).
January 17, 2020	Filing 30 MOTION to Compel Discovery by Defendants Kwame Raoul, Marc D Smith. Responses due by 1/31/2020 (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D - Filed under seal, #5 Exhibit Exhibit E - Filed under seal)(Helfrich, Gretchen) Modified on 1/21/2020 (MAS, ilcd).
January 2, 2020	NOTICE OF HEARING: Telephonic Status Conference set at the request of the parties on Thursday, 1/2/2020, at 4:00 PM (court will place call) before U.S. Magistrate Judge Tom Schanzle-Haskins. (LB, ilcd)
January 2, 2020	MINUTE ENTRY for proceedings held before U.S. Magistrate Judge Tom Schanzle-Haskins. Telephonic status conference held at the parties' request with counsel for Plaintiffs, David Sigale, and counsel for Defendants, Gretchen Helfrich and Matthew Chimienti. Attorney Helfrich has requested information in discovery concerning the types of firearms that Plaintiffs Jennifer J. Miller and Darin E. Miller (Millers) have in their home. Plaintiffs' counsel objects to the requested discovery and states his clients have FOID cards and concealed carry permits, copies of which have been provided to Defendants' counsel. He sees no need to provide more specific information than has been previously provided to establish standing. Plaintiffs' counsel would also object to the Millers being asked in a deposition what firearms they own and have in their home. Oral argument heard. The Court directs Defendants' counsel to file a motion to compel concerning this issue on or before 1/17/2020. Plaintiffs directed to file their response on or before 1/31/2020. Issue taken under advisement pending written pleadings. (LB, ilcd)
December 24, 2019	Filing 29 NOTICE of Change of Address by David G Sigale (Sigale, David)
October 1, 2019	Filing 28 AGREED CONFIDENTIALITY ORDER entered by U.S. Magistrate Judge Tom Schanzle-Haskins on 10/1/2019. (LB, ilcd)
October 1, 2019	Filing 27 NOTICE of Appearance of Attorney by Gretchen Elizabeth Helfrich on behalf of All Defendants (Helfrich, Gretchen)
October 1, 2019	TEXT ORDER entered by U.S. Magistrate Judge Tom Schanzle-Haskins. Joint Motion for Entry of Confidentiality Order #26 ALLOWED. Written order to follow. (LB, ilcd)
September 30, 2019	Filing 26 Joint MOTION for Protective Order by Defendants Kwame Raoul, Marc D Smith. Responses due by 10/15/2019 (Attachments: #1 Text of Proposed Order Proposed Agreed Confidentiality Order)(Chimienti, Matthew)
August 15, 2019	Filing 25 SCHEDULING ORDER entered by U.S. Magistrate Judge Tom Schanzle-Haskins. TIME LIMITS AND SETTINGS ARE ORDERED AS FOLLOWS: Initial Disclosures due by 9/15/2019; Joinder of Parties due by 10/1/2019; Amended Pleadings due by 10/1/2019; Plaintiff`s Expert Disclosure due by 2/1/2020; Defendant`s Expert Disclosure due by 5/1/2020; All Discovery due by 7/1/2020; Dispositive Motions due by 8/1/2020. Final Pretrial Conference set 12/7/2020 at 2:00 PM in Courtroom 1 in Springfield before U.S. District Judge Sue E. Myerscough. Bench Trial set 12/22/2020 at 9:00 AM before Judge Myerscough. Telephonic Status Conference set Wednesday, 6/24/2020, at 10:00 AM (court will place call) before Magistrate Judge Schanzle-Haskins. See written order. (Attachments: #(1) Mediation Memo, #(2) Courtroom Technology Brochure) (LB, ilcd)
August 9, 2019	Filing 24 MINUTE ENTRY for proceedings held before U.S. Magistrate Judge Tom Schanzle-Haskins: Telephonic Rule 16 Scheduling Conference held on 8/9/2019 with Attorneys David Sigale, Aaron Wenzloff, and Matthew Chimienti. Written Scheduling Order to follow. Parties are reminded of their option to consent to proceed before U.S. Magistrate Judge. See attached form. (Attachment: #(1) Form) (LB, ilcd)
August 7, 2019	Filing 23 DISCOVERY PLAN - PROPOSED/Report of Rule 26(f)Planning Meeting by Kwame Raoul, Marc D Smith. (Chimienti, Matthew)
July 18, 2019	TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Due to a conflict on the Court's calendar, the telephonic Rule 16 Scheduling Conference set 8/5/2019 is CANCELLED and reset Friday, 8/9/2019, at 9:30 AM (court will place call) before Magistrate Judge Schanzle-Haskins. Discovery plan to be filed on or before 8/7/2019. (LB, ilcd)
July 8, 2019	NOTICE OF HEARING: Telephonic Rule 16 Scheduling Conference set Monday, 8/5/2019, at 9:30 AM (court will place call) before U.S. Magistrate Judge Tom Schanzle-Haskins. Attorneys are directed to comply with Federal Rule of Civil Procedure 26(f) by meeting as soon as practicable, and in any event at least fourteen (14) days prior to the scheduling conference, and are to submit a proposed discovery plan in writing to the Court on or before 8/1/2019. Such a plan must include, at a minimum, those items listed in CDIL-LR 26.2(3), Rule 16(b), Rule 26(f), and CDIL-LR 16.2(E) with proposed deadlines. The parties are directed to specifically address the provisions, if any, for discovery or disclosure of electronically stored information, and to discuss agreements, if any, the parties reach for asserting claims of privilege or of protection as trial preparation material, after inadvertent production. Any plan filed shall specifically address the need, or lack thereof, concerning discovery of electronically stored information. If a discovery plan is not submitted as required, the scheduling hearing will not be held and costs may be assessed. Lead counsel or other counsel of record with knowledge of the case should be available to participate in the Rule 16 scheduling hearing. (LB, ilcd)
July 3, 2019	Filing 22 ANSWER to #19 Amended Complaint and Affirmative Defenses by Kwame Raoul, Marc D Smith.(Chimienti, Matthew)
June 12, 2019	Filing 21 NOTICE of Appearance of Attorney by Aaron Paul Wenzloff on behalf of All Defendants (Wenzloff, Aaron)
June 11, 2019	TEXT ORDER: Defendants' Unopposed Motion for Additional Time to Answer or Otherwise Respond #20 is GRANTED. The deadline for Defendants to answer or otherwise respond to Plaintiffs' Amended Complaint for Declaratory and Injunctive Relief #19 is extended to Wednesday, July 3, 2019. Entered by Judge Sue E. Myerscough on 6/11/2019. (MJC, ilcd)
June 10, 2019	Filing 20 MOTION for Extension of Time to File Answer re #19 Amended Complaint (Unopposed Motion) by Defendants Kwame Raoul, Marc D Smith. Responses due by 6/24/2019 (Attachments: #1 Exhibit A)(Chimienti, Matthew)
May 29, 2019	Filing 19 AMENDED COMPLAINT against Kwame Raoul, Marc D Smith, filed by Jennifer J. Miller, Illinois State Rifle Association, Second Amendment Foundation, Inc., Darin E. Miller, Illinois Carry. (Attachments: #1 Exhibit A, #2 Exhibit B)(MJC, ilcd)
May 29, 2019	TEXT ORDER: Over Defendants' objection, Plaintiffs' Motion for Leave to File Amended Complaint #16 is GRANTED. The Court "should freely give leave [to amend a pleading] when justice so requires." Fed. R. Civ. P. 15(a)(2). In opposing Plaintiffs' motion, Defendants rely on Rule 10(b) of the Federal Rules of Civil Procedure, which states that "each claim founded on a separate transaction or occurrence... must be stated in a separate count," but only "[i]f doing so would promote clarity." Rule 10 is designed "to give defendants fair notice of the claims against them and the grounds supporting the claims," frame the issues, and provide the basis for informed pretrial proceedings. Stanard v. Nygren, 658 F.3d 792, 797 (7th Cir. 2011). After reviewing the proposed amended complaint, the Court finds that it satisfies the purposes of Rule 10. The Clerk is DIRECTED to docket Plaintiffs' Amended Complaint for Declaratory and Injunctive Relief ( #16 -1) and the exhibits attached thereto ( #16 -2) ( #16 -3). Defendants are DIRECTED to answer or otherwise respond to Plaintiffs' Amended Complaint for Declaratory and Injunctive Relief by Wednesday, June 12, 2019. Entered by Judge Sue E. Myerscough on 5/29/2019. (MJC, ilcd)
May 24, 2019	Filing 18 RESPONSE to Motion re #16 First MOTION to Amend/Correct Complaint filed by Defendants Lisa Madigan, Beverly J. Walker. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Camp, Michaelina)
May 22, 2019	Notice of Docket Modification re #17 Notice of Appearance of Attorney: Notice filed was not in PDF format. PDF of Notice was uploaded to replace original document. NEF regenerated to all parties. (MJC, ilcd)
May 21, 2019	Filing 17 NOTICE of Appearance of Attorney by Matthew Vincent Chimienti on behalf of Lisa Madigan, Beverly J. Walker (Chimienti, Matthew) (Main Document 17 replaced on 5/22/2019) (MJC, ilcd).
May 10, 2019	Filing 16 First MOTION to Amend/Correct Complaint by Plaintiffs Illinois Carry, Illinois State Rifle Association, Darin E. Miller, Jennifer J. Miller, Second Amendment Foundation, Inc.. Responses due by 5/24/2019 (Attachments: #1 Exhibit Proposed Amended Complaint, #2 Exhibit A - CFS 452-A - Acknowledgment of Compliance, #3 Exhibit B - CFS 452-2 - Foster Family Firearms Agreement)(Sigale, David)
May 2, 2019	TEXT ORDER: Defendants' Unopposed Motion to Stay the Responsive Pleading Date #15 , to which Plaintiffs' counsel does not object, is GRANTED. The deadline for Defendants to answer or otherwise respond to Plaintiffs' Complaint for Declaratory and Injunctive Relief #1 is VACATED. The Court will impose a new deadline after ruling on Plaintiffs' anticipated motion for leave to file an amended complaint. If Plaintiffs intend to seek leave to file an amended complaint, they shall do so by Friday, May 10, 2019. Entered by Judge Sue E. Myerscough on 5/2/2019. (MJC, ilcd)
May 1, 2019	Filing 15 MOTION to Stay Responsive Pleading Date by Defendants Lisa Madigan, Beverly J. Walker. Responses due by 5/15/2019 (Camp, Michaelina)
April 5, 2019	Filing 14 MOTION for Extension of Time to File Answer or otherwise plead by Defendants Lisa Madigan, Beverly J. Walker. Responses due by 4/19/2019 (Camp, Michaelina)
April 5, 2019	TEXT ORDER: Defendants' Unopposed Motion for Extension of Time to Answer or Otherwise Plead #14 , to which Plaintiffs' counsel does not object, is GRANTED. The deadline for Defendants to answer or otherwise respond to Plaintiffs' Complaint for Declaratory and Injunctive Relief #1 is extended to Friday, May 3, 2019. In the event Defendants file a motion to dismiss the complaint, Plaintiffs' response to that motion is due on Friday, May 31, 2019. Entered by Judge Sue E. Myerscough on 4/5/2019. (MJC, ilcd)
March 25, 2019	Filing 13 NOTICE of Appearance of Attorney by Michaelina Gianaris Camp on behalf of Lisa Madigan, Beverly J. Walker (Camp, Michaelina)
March 25, 2019	Filing 12 ORDER BY SUE E. MYERSCOUGH, U.S. District Judge: For the reasons stated, Defendants' Motion for More Definite Statement Pursuant to Fed. R. Civ. P. 12(e) (d/e #9 ) is DENIED. SEE WRITTEN ORDER. Entered by Judge Sue E. Myerscough on 3/25/2019. (MJC, ilcd)
July 19, 2018	Filing 11 RESPONSE to Motion re #9 MOTION for More Definite Statement Pursuant to Fed. R. Civ. P. 12(e) filed by Plaintiffs Illinois Carry, Illinois State Rifle Association, Darin E. Miller, Jennifer J. Miller, Second Amendment Foundation, Inc.. (Sigale, David)
July 9, 2018	TEXT ORDER: Plaintiffs' Agreed Motion for Extension of Time to File Response to Motion for More Definite Statement #10 , to which Defendants' counsel does not object, is GRANTED. Plaintiffs shall file their response to Defendants' Motion for More Definite Statement #9 by Thursday, July 19, 2018. Entered by Judge Sue E. Myerscough on 7/9/2018. (MJC, ilcd)
July 6, 2018	Filing 10 MOTION for Extension of Time to File Response/Reply as to #9 MOTION for More Definite Statement Pursuant to Fed. R. Civ. P. 12(e) (Agreed) by Plaintiffs Illinois Carry, Illinois State Rifle Association, Darin E. Miller, Jennifer J. Miller, Second Amendment Foundation, Inc.. Responses due by 7/20/2018 (Attachments: #1 Text of Proposed Order)(Sigale, David)
June 20, 2018	Filing 9 MOTION for More Definite Statement Pursuant to Fed. R. Civ. P. 12(e) by Defendants Lisa Madigan, Beverly J. Walker. Responses due by 7/5/2018 (Greenspan, Barbara)
May 11, 2018	Filing 8 First MOTION for Extension of Time to File Answer by Defendants Lisa Madigan, Beverly J. Walker. Responses due by 5/25/2018 (Greenspan, Barbara)
May 11, 2018	TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Agreed Motion for Extension of Time Within Which to Answer #8 ALLOWED. Extension granted to 6/20/2018 for Defendants to answer or otherwise plead. (LB, ilcd)
May 10, 2018	Filing 7 NOTICE of Appearance of Attorney by Barbara Lynn Greenspan on behalf of Lisa Madigan, Beverly J. Walker (Greenspan, Barbara)
April 20, 2018	Filing 6 AFFIDAVIT of Service for Summons and Complaint served on Lisa Madigan, in her official capacity on 04/20/2018, filed by Jennifer J. Miller, Illinois State Rifle Association, Second Amendment Foundation, Inc., Darin E. Miller, Illinois Carry., SUMMONS Returned Executed by Jennifer J. Miller, Illinois State Rifle Association, Second Amendment Foundation, Inc., Darin E. Miller, Illinois Carry. Lisa Madigan served on 4/20/2018, answer due 5/11/2018. (Sigale, David)
April 20, 2018	Filing 5 AFFIDAVIT of Service for Summons and Complaint served on Beverly J. Walker, in official capacity on 04/20/2018, filed by Jennifer J. Miller, Illinois State Rifle Association, Second Amendment Foundation, Inc., Darin E. Miller, Illinois Carry., SUMMONS Returned Executed by Jennifer J. Miller, Illinois State Rifle Association, Second Amendment Foundation, Inc., Darin E. Miller, Illinois Carry. Beverly J. Walker served on 4/20/2018, answer due 5/11/2018. (Sigale, David)
April 17, 2018	Filing 4 Summons Issued as to Lisa Madigan, Beverly J. Walker. Originals mailed to attorney for service. (MJC, ilcd)
April 16, 2018	Filing 3 NOTICE of Appearance of Attorney by David G Sigale on behalf of All Plaintiffs (Sigale, David)
April 16, 2018	Filing 2 NOTICE (Civil Cover Sheet) re #1 Complaint (Sigale, David)
April 16, 2018	Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0753-2817034.), filed by Jennifer J. Miller, Illinois State Rifle Association, Second Amendment Foundation, Inc., Darin E. Miller, Illinois Carry.(Sigale, David)

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Search for this case: Miller et al v. Smith et al
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Plaintiff: Second Amendment Foundation, Inc.
Represented By:	David G Sigale
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Plaintiff: Darin E. Miller
Represented By:	David G Sigale
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Plaintiff: Illinois Carry
Represented By:	David G Sigale
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Plaintiff: Illinois State Rifle Association
Represented By:	David G Sigale
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Plaintiff: Jennifer J. Miller
Represented By:	David G Sigale
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Defendant: Beverly J. Walker
Represented By:	Barbara Lynn Greenspan
Represented By:	Michaelina Gianaris Camp
Represented By:	Matthew Vincent Chimienti
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Defendant: Lisa Madigan
Represented By:	Barbara Lynn Greenspan
Represented By:	Michaelina Gianaris Camp
Represented By:	Matthew Vincent Chimienti
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Defendant: Kwame Raoul
Represented By:	Barbara Lynn Greenspan
Represented By:	Michaelina Gianaris Camp
Represented By:	Matthew Vincent Chimienti
Represented By:	Aaron Paul Wenzloff
Represented By:	Gretchen Elizabeth Helfrich
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Defendant: Marc D Smith
Represented By:	Barbara Lynn Greenspan
Represented By:	Michaelina Gianaris Camp
Represented By:	Matthew Vincent Chimienti
Represented By:	Aaron Paul Wenzloff
Represented By:	Gretchen Elizabeth Helfrich
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