Hunter et al v. Page County, Iowa et al
| James Hunter, Sheri Hunter, Bradley Hutchison, Katherine Hutchison, Susan Kelley, William McConnell, Cindy O'Hearn, Michael O'Hearn, Barbara Oliver, James Rine, Mary Rine and Stephanie Sholes |
| Page County, Iowa, Board of Supervisors of Page County, Iowa, Alan Armstrong, Jacob Holmes, James King, Chuck Morris and Carl Sonksen |
| Shenandoah Hills Wind Project, LLC |
| 1:2022cv00017 |
| October 18, 2022 |
| US District Court for the Southern District of Iowa |
| Helen C Adams |
| Robert W Pratt |
| Constitutional - State Statute |
| 28 U.S.C. § 2403 Constitutionality of State Statute(s) |
| None |
Docket Report
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This docket was last retrieved on December 16, 2022. A more recent docket listing may be available from PACER.
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| Filing 64 REPLY re #53 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by James Hunter, Sheri Hunter, Bradley Hutchison, Katherine Hutchison, Susan Kelley, William McConnell, Cindy O'Hearn, Michael O'Hearn, Barbara Oliver, James Rine, Mary Rine, Stephanie Sho filed by James Hunter, Sheri Hunter, Bradley Hutchison, Katherine Hutchison, Susan Kelley, Michael O'Hearn, Barbara Oliver, James Rine, Mary Rine, Stephanie Sholes.(Shearer, Shawn) |
| Filing 63 RESPONSE to Motion re #53 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by James Hunter, Sheri Hunter, Bradley Hutchison, Katherine Hutchison, Susan Kelley, William McConnell, Cindy O'Hearn, Michael O'Hearn, Barbara Oliver, James Rine, Mary Rine, Stephanie Sho filed by Board of Supervisors of Page County, Iowa, Page County, Iowa. Replies due by 12/22/2022.(Craig, Jason) |
| Filing 62 RESPONSE to Motion re #53 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by James Hunter, Sheri Hunter, Bradley Hutchison, Katherine Hutchison, Susan Kelley, William McConnell, Cindy O'Hearn, Michael O'Hearn, Barbara Oliver, James Rine, Mary Rine, Stephanie Sho Response to Objection to Order Granting Motion for Leave to File Motion to Dismiss filed by Shenandoah Hills Wind Project, LLC. Replies due by 12/22/2022.(Rogers, Kristy) |
| Filing 61 RESPONSE to Motion re #54 MOTION to Dismiss filed by James Hunter, Sheri Hunter, Bradley Hutchison, Katherine Hutchison, Susan Kelley, William McConnell, Cindy O'Hearn, Michael O'Hearn, Barbara Oliver, James Rine, Mary Rine, Stephanie Sholes. Replies due by 12/22/2022. (Attachments: #1 Exhibit A - Motion to Extend Time, #2 Exhibit B- Blackstone Investment in SHW)(Shearer, Shawn) |
| Filing 60 NOTICE by James Hunter, Sheri Hunter, Bradley Hutchison, Katherine Hutchison, Susan Kelley, Michael O'Hearn, Barbara Oliver, James Rine, Mary Rine, Stephanie Sholes re 58 Order Setting Hearing on Motion, Request for Hearing on Additional Pending Motions. (Shearer, Shawn) |
| Filing 59 PLAINTIFFS' REPLY BRIEF IN SUPPORT OF MOTION TO REMAND #33 by attorney for James Hunter et al. (vr) |
Filing 58
TEXT ORDER Setting Hearing on #40 MOTION to Remand and Joinder in Plaintiffs' Motion to Remand, #33 MOTION to Remand to State Court and/or In the Alternative, Abstain, Remand in Part & Stay : Motion Hearing set for 1/6/2023 at 1:30 PM by Phone (RWP). Counsel shall call 1-877-336-1828 and enter code 9317033. Hearing will be held before Senior Judge Robert W. Pratt. Signed by Senior Judge Robert W. Pratt on 12/13/2022. (kjc)
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| Filing 57 TEXT ORDER granting #55 Motion to file overlength brief. Clerk to detach and file Plaintiffs' reply brief in support of their motion to remand, ECF 55-1. Signed by Chief Magistrate Judge Helen C. Adams on 12/12/2022. (amp) |
| Filing 56 MOTION for Summary Judgment on Part of Plaintiffs' Declaratory Judgment Claims by James Hunter, Sheri Hunter, Bradley Hutchison, Katherine Hutchison, Susan Kelley, William McConnell, Cindy O'Hearn, Michael O'Hearn, Barbara Oliver, James Rine, Mary Rine, Stephanie Sholes. Responses due by 12/29/2022. (Attachments: #1 Brief in Support, #2 Statement of Undisputed Facts, #3 Appendix)(Shearer, Shawn) |
| Filing 55 Unresisted MOTION to file overlength brief Reply in Support of Motion to Remand #33 by James Hunter, Sheri Hunter, Bradley Hutchison, Katherine Hutchison, Susan Kelley, William McConnell, Michael O'Hearn, Barbara Oliver, James Rine, Mary Rine, Stephanie Sholes.Motions referred to Helen C. Adams. Responses due by 12/21/2022. (Attachments: #1 Proposed Reply Brief, #2 Exhibit D to Proposed Brief)(Shearer, Shawn) |
| Filing 54 MOTION to Dismiss the Petition by Shenandoah Hills Wind Project, LLC. Responses due by 12/15/2022. (Attachments: #1 Brief in Support) (vr) |
| Filing 53 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by James Hunter, Sheri Hunter, Bradley Hutchison, Katherine Hutchison, Susan Kelley, William McConnell, Cindy O'Hearn, Michael O'Hearn, Barbara Oliver, James Rine, Mary Rine, Stephanie Sholes re 48 (Shearer, Shawn) Modified on 12/1/2022, to correct link to #50 (vr). |
| Filing 52 RESPONSE to Motion re #40 MOTION to Remand and Joinder in Plaintiffs' Motion to Remand, #33 MOTION to Remand to State Court and/or In the Alternative, Abstain, Remand in Part & Stay Resistance to Motions to Remand filed by Shenandoah Hills Wind Project, LLC. Replies due by 12/7/2022.(Rogers, Kristy) |
| Filing 51 RESPONSE to Motion re #40 MOTION to Remand and Joinder in Plaintiffs' Motion to Remand, #33 MOTION to Remand to State Court and/or In the Alternative, Abstain, Remand in Part & Stay filed by Board of Supervisors of Page County, Iowa, Page County, Iowa. Replies due by 12/7/2022.(Craig, Jason) |
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Filing 50
ORDER granting #44 Motion for Leave to File Motion to Dismiss and Overlength Brief. See Order for particulars. Signed by Chief Magistrate Judge Helen C. Adams on 11/30/2022. (amp)
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| Filing 49 REPLY re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND LACK OF SUBJECT MATTER JURISDICTION filed by Board of Supervisors of Page County, Iowa, Page County, Iowa. (bp) |
| Filing 48 TEXT ORDER granting #47 Motion to File Overlength Brief. Clerk to detach and file Reply Brief by Defendants Page County, Iowa and the Board of Supervisors of Page County, Iowa, ECF No. 47-1. In the future, Counsel shall indicate in the motion the number of pages of the overlength brief. Signed by Chief Magistrate Judge Helen C. Adams on 11/23/2022. (amp) |
| Filing 47 Unresisted MOTION to file overlength brief Reply Brief in Support of Motion to Dismiss by Board of Supervisors of Page County, Iowa, Page County, Iowa.Motions referred to Helen C. Adams. Responses due by 12/6/2022. (Attachments: #1 Proposed Reply Brief)(Craig, Jason) |
| Filing 46 REPLY re #25 MOTION for Reconsideration re #22 Order on Motion to Intervene, 23 Order on Motion for Miscellaneous Relief filed by James Hunter, Sheri Hunter, Bradley Hutchison, Katherine Hutchison, Susan Kelley, William McConnell, Cindy O'Hearn, Michael O'Hearn, Barbara Oliver, James Rine, Mary Rine, Stephanie Sholes.(Shearer, Shawn) |
| Filing 45 NOTICE by James Hunter, Sheri Hunter, Bradley Hutchison, Katherine Hutchison, Susan Kelley, William McConnell, Cindy O'Hearn, Michael O'Hearn, Barbara Oliver, James Rine, Mary Rine, Stephanie Sholes re #44 MOTION for Leave to File Motion to Dismiss and Overlength Brief - Notice of Intent to Resist Motion for Leave. (Shearer, Shawn) |
| Filing 44 MOTION for Leave to File Motion to Dismiss and Overlength Brief by Shenandoah Hills Wind Project, LLC.Motions referred to Helen C. Adams. Responses due by 12/5/2022. (Attachments: #1 Brief in Support of Motion for Leave to File Motion to Dismiss and Overlength Brief, #2 Motion to Dismiss, #3 Brief in Support of Motion to Dismiss)(Rogers, Kristy) |
| Filing 43 TEXT ORDER denying #41 Motion for Leave to File. A briefing schedule is already in place pursuant to Local Rule 7. The unanimous consent issue should be addressed in the briefing (Responses and Replies) on the respective motions to remand. Signed by Chief Magistrate Judge Helen C. Adams on 11/18/2022. (amp) |
| Filing 42 RESPONSE to Motion re #41 MOTION for Leave to File & Briefing Schedule filed by Board of Supervisors of Page County, Iowa, Page County, Iowa. Replies due by 11/25/2022.(Craig, Jason) |
| Filing 41 MOTION for Leave to File & Briefing Schedule by James Hunter, Sheri Hunter, Bradley Hutchison, Katherine Hutchison, Susan Kelley, William McConnell, Cindy O'Hearn, Michael O'Hearn, Barbara Oliver, James Rine, Mary Rine, Stephanie Sholes.Motions referred to Helen C. Adams. Responses due by 12/1/2022. (Shearer, Shawn) |
| Filing 40 MOTION to Remand and Joinder in Plaintiffs' Motion to Remand by Jacob Holmes. Responses due by 12/1/2022. (Attachments: #1 Brief in Support of Motion to Remand)(Livingston, Robert) |
| Filing 39 NOTICE of Appearance by Robert M. Livingston on behalf of Jacob Holmes (Livingston, Robert) |
| Filing 38 BRIEF Regarding Jurisdiction by Board of Supervisors of Page County, Iowa, Page County, Iowa re #29 Order . (Craig, Jason) |
| Filing 37 Corporate Disclosure/Statement of Interest by Shenandoah Hills Wind Project, LLC. (Dublinske, Bret) |
| Filing 36 RESPONSE to Motion re #25 MOTION for Reconsideration re #22 Order on Motion to Intervene, 23 Order on Motion for Miscellaneous Relief Resistance to Petitioners' Motion to Reconsider filed by Shenandoah Hills Wind Project, LLC. Replies due by 11/23/2022.(Dublinske, Bret) |
| Filing 35 BRIEF by Shenandoah Hills Wind Project, LLC re #29 Order Shenandoah Hills Wind Project's Supplemental Briefing on Jurisdiction. (Rogers, Kristy) |
| Filing 34 SUPPLEMENT/ADDENDUM #29 Order by James Hunter, Sheri Hunter, Bradley Hutchison, Katherine Hutchison, Susan Kelley, William McConnell, Cindy O'Hearn, Michael O'Hearn, Barbara Oliver, James Rine, Mary Rine, Stephanie Sholes. (Shearer, Shawn) |
| Filing 33 MOTION to Remand to State Court and/or In the Alternative, Abstain, Remand in Part & Stay by James Hunter, Sheri Hunter, Bradley Hutchison, Katherine Hutchison, Susan Kelley, William McConnell, Cindy O'Hearn, Michael O'Hearn, Barbara Oliver, James Rine, Mary Rine, Stephanie Sholes. Responses due by 11/30/2022. (Attachments: #1 Brief in Support of Motion to Remand, #2 Exhibit A - Notice of Return of Service, #3 Exhibit B - Respondents' State Court Appearance, #4 Exhibit C - Sample Compliant Amendments from Johnson & Linn Counties)(Shearer, Shawn) |
| Filing 32 NOTICE of Appearance by Shawn Shearer on behalf of All Plaintiffs (Shearer, Shawn) |
| Filing 31 TEXT ORDER granting #30 Motion for Extension of Time to File. On or before 11/22/2022, Respondents Page County, Iowa and Board of Supervisors of Page County, Iowa shall file a Reply Brief in Support of their #12 Motion to Dismiss. Signed by Chief Magistrate Judge Helen C. Adams on 11/15/2022. (amp) |
| Filing 30 Unresisted MOTION for Extension of Time to File Reply Brief in Support of Motion to Dismiss by Board of Supervisors of Page County, Iowa, Page County, Iowa.Motions referred to Helen C. Adams. Responses due by 11/29/2022. (Craig, Jason) |
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Filing 29
ORDER re: Supplemental briefing due by November 16, 2022 no later than close of business. See order for details. Page limitations in Local Rule 7(g) will not be waived by the Court. Signed by Senior Judge Robert W. Pratt on 11/9/2022. (kjc)
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| Filing 28 RESPONSE to Motion re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND LACK OF SUBJECT MATTER JURISDICTION filed by James Hunter, Sheri Hunter, Bradley Hutchison, Katherine Hutchison, Susan Kelley, William McConnell, Cindy O'Hearn, Michael O'Hearn, Barbara Oliver, James Rine, Mary Rine, Stephanie Sholes. Replies due by 11/15/2022. (Attachments: #1 Brief in Support of Resistance to Motion to Dismiss, #2 Exhibit A - Wind Ordinance, #3 Exhibit B - Zoning Ordinance, #4 Exhibit C - Wind Ordinance Adoption Board Minutes, #5 Exhibit D - Wind Moratorium Minutes and Resolutions, #6 Exhibit E - Board Minutes of August 2, 2022, #7 Exhibit F- Board Minutes Aug 30 & Sept 6, 2022)(Sporer, Theodore) |
| Filing 27 REPLY in Support re #5 MOTION for Temporary Restraining Order filed by James Hunter, Sheri Hunter, Bradley Hutchison, Katherine Hutchison, Susan Kelley, William McConnell, Cindy O'Hearn, Michael O'Hearn, Barbara Oliver, James Rine, Mary Rine, Stephanie Sholes. (Attachments: #1 Exhibit) (kjw) |
| Filing 26 TEXT ORDER granting #24 Motion to File Overlength Reply. Clerk to detach and file ECF No. 24-1 Petitioners' Reply in Support of #5 Motion for Temporary Restraining Order, and ECF No. 24-2 Exhibits related to Petitioners' Reply. Signed by Chief Magistrate Judge Helen C. Adams on 11/3/2022. (amp) |
| Filing 25 MOTION for Reconsideration re #22 Order on Motion to Intervene, 23 Order on Motion for Miscellaneous Relief by James Hunter, Sheri Hunter, Bradley Hutchison, Katherine Hutchison, Susan Kelley, William McConnell, Cindy O'Hearn, Michael O'Hearn, Barbara Oliver, James Rine, Mary Rine, Stephanie Sholes.Motions referred to Helen C. Adams. Responses due by 11/16/2022. (Attachments: #1 Memorandum in Support of Motion to Reconsider)(Sporer, Theodore) |
| Filing 24 ***MOTION to file overlength REPLY *** and Request for Leave to Exceed Reply Page Limitation re #5 MOTION for Temporary Restraining Order filed by James Hunter, Sheri Hunter, Bradley Hutchison, Katherine Hutchison, Susan Kelley, William McConnell, Cindy O'Hearn, Michael O'Hearn, Barbara Oliver, James Rine, Mary Rine, Stephanie Sholes. (Attachments: #1 Reply in Support of TRO, #2 Exhibits to Reply in Support of TRO)(Sporer, Theodore) Modified on 11/3/2022 (amp). |
| Filing 23 TEXT ORDER denying as moot #17 Petitioners' Motion to Strike. Shenandoah Hills Wind Project, LLC's #2 Motion to Intervene was granted by Order #22 . Signed by Chief Magistrate Judge Helen C. Adams on 11/1/2022. (amp) |
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Filing 22
ORDER granting #2 Motion to Intervene. Signed by Senior Judge Robert W. Pratt on 11/1/2022. (kjc)
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Filing 21
ORDER denying as moot #18 Motion to Strike, Reclassify, and/or Correct Docket Entries and Improper Appearances. See Order for particulars. Signed by Chief Magistrate Judge Helen C. Adams on 11/1/2022. (amp)
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| Filing 20 Intervenor's RESISTANCE/RESPONSE to Motion re #5 MOTION for Temporary Restraining Order filed by Shenandoah Hills Wind Project, LLC. Replies due by 11/3/2022. (vr) Modified on 10/31/2022 to remove attachment (vr). |
| Filing 19 County's RESISTANCE/RESPONSE to Motion re #5 MOTION for Temporary Restraining Order filed by Alan Armstrong, Board of Supervisors of Page County, Iowa, Jacob Holmes, James King, Chuck Morris, Page County, Iowa, Carl Sonksen. Replies due by 11/3/2022. (vr) |
| Filing 18 MOTION To Strike Reclassify and/or Correct Docket Entries and Improper Appearances by James Hunter, Sheri Hunter, Bradley Hutchison, Katherine Hutchison, Susan Kelley, William McConnell, Cindy O'Hearn, Michael O'Hearn, Barbara Oliver, James Rine, Mary Rine, Stephanie Sholes.Motions referred to Helen C. Adams. Responses due by 11/10/2022. (vr) |
| Filing 17 MOTION to Strike Proposed Intervenor's Resistance to Motion for Ex Parte Temporary Restraining Order by Sheri Hunter, Bradley Hutchison, Katherine Hutchison, Susan Kelley, William McConnell, Cindy O'Hearn, Michael O'Hearn, Barbara Oliver, James Rine, Mary Rine, Stephanie Sholes.Motions referred to Helen C. Adams. Responses due by 11/10/2022. (vr) |
| Filing 16 TEXT ORDER granting #14 Motion for Leave to File. Clerk to detach and file proposed intervenor Shenandoah Hills Wind Project, LLC's Resistance to #5 Petitioners' Motion for Ex Parte Temporary Restraining Order. Petitioners shall file their Reply on or before 11/2/2022. Signed by Chief Magistrate Judge Helen C. Adams on 10/26/2022. (amp) |
| Filing 15 TEXT ORDER granting #11 Motion for Leave to File Resistance. Clerk to detach and file the Respondents Page County, Iowas and the Board of Supervisors of Page County, Iowas Resistance to Petitioners #5 Emergency Motion for Ex Parte Temporary Restraining Order. Petitioners shall file their Reply on or before 11/2/2022. Signed by Chief Magistrate Judge Helen C. Adams on 10/26/2022. (amp) |
| Filing 14 MOTION for Leave to File SUPPLEMENTAL RESISTANCE TO PETITIONERS' MOTION FOR TRO by Shenandoah Hills Wind Project, LLC.Motions referred to Helen C. Adams. Responses due by 11/8/2022. (Attachments: #1 Shenandoah Hills Wind Project's Brief in Support of Motion for Leave to File Supplemental Resistance to Petitioners' Motion for TRO, #2 Shenandoah Hills Wind Project's Supplemental Resistance to Petitioners' Motion for TRO)(Dublinske, Bret) |
| Filing 13 SUPPLEMENT/ADDENDUM #1 Notice of Removal,,,,,, by Board of Supervisors of Page County, Iowa, Page County, Iowa. (Attachments: #1 Petitioners' September 28, 2022 Motion to Strike Proposed Intervenor's Resistance to Motion for Ex Parte Temporary Restraining Order, #2 Petitioners' October 4, 2022 Motion to Strike, Reclassify, and/or Correct Docket Entries and Improper Appearances)(Craig, Jason) |
| Filing 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND LACK OF SUBJECT MATTER JURISDICTION by Board of Supervisors of Page County, Iowa, Page County, Iowa. Responses due by 11/8/2022. (Attachments: #1 Brief in Support)(Craig, Jason) |
| Filing 11 Unresisted MOTION for Leave to File Resistance to Petitioners' Emergency Motion for Ex Parte Temporary Restraining Order by Board of Supervisors of Page County, Iowa, Page County, Iowa.Motions referred to Helen C. Adams. Responses due by 11/8/2022. (Attachments: #1 Proposed Resistance to Petitioners' Emergency Motion for Ex Parte Temporary Restraining Order)(Craig, Jason) |
| Filing 10 PUBLIC DOCKET ANNOTATION: Per Text Order 9 response and reply deadlines terminated for #2 Motion to Intervene and #5 Motion for Temporary Restraining Order. (kjw) |
| Filing 9 TEXT ORDER. The #2 Motion to Intervene and #5 Motion for Ex Parte Temporary Restraining Order were briefed in the state court proceeding and the Court can and will rely on those briefs in ruling on the pending motions. If any party or the proposed intervenor want to file any further briefing with respect to either of those motions, they must file a motion requesting the Court's permission. The Court noticed a reference to a Motion to Strike in the pending motions, but the Court does not find that motion in the current federal docket. If the parties want a ruling on that motion, the motion and all briefing in the state court proceeding needs to be refiled in this federal litigation by no later than 10/27/2022. Signed by Chief Magistrate Judge Helen C. Adams on 10/25/2022. (amp) |
| Filing 8 Summons: Counsel should download the attached summons in compliance with Rule 4 of the Rules of Civil Procedure for summons. (kjw) |
| Filing 7 REPLY re #5 MOTION for Temporary Restraining Order filed by Plaintiffs. (kjw) |
| Filing 6 RESPONSE to Motion re #5 MOTION for Temporary Restraining Order filed by Shenandoah Hills Wind Project, LLC. Replies due by 10/25/2022. (kjw) |
| Filing 5 MOTION for Temporary Restraining Order by Plaintiffs. Responses due by 11/1/2022. (kjw) |
| Filing 4 REPLY re #2 MOTION to Intervene filed by Shenandoah Hills Wind Project, LLC. (kjw) |
| Filing 3 RESPONSE to Motion re #2 MOTION to Intervene filed by Plaintiffs. Replies due by 10/25/2022. (kjw) |
| Filing 2 MOTION to Intervene by Shenandoah Hills Wind Project, LLC.Motions referred to Helen C. Adams. Responses due by 11/1/2022. (kjw) |
| Filing 1 NOTICE OF REMOVAL by Board of Supervisors of Page County, Iowa, Page County, Iowa from Iowa District Court for Page County, case number EQCV105928. Filing fee paid in the amount of $ 402, receipt number AIASDC-4957005., filed by Board of Supervisors of Page County, Iowa, Page County, Iowa. Rule 16 Notice of Dismissal set for 1/16/2023. (Attachments: #1 Local Rule 81(a) Removal Information Form, #2 Petition for Writs of Certiorari, Orders of Mandamus, Declaratory Judgment, and Temporary and Permanent Injunctions, #3 Original Notice, #4 Order for Individual Case Assignment, #5 Return of Original Notice, #6 Return of Service of Motion for Ex Parte Temporary Restraining Order, #7 Order Setting Hearing on Pending Motions for November 1, 2022, #8 Order Granting Extension of Time to Respond and Continuing Hearing on Motion for Temporary Injunction to November 15, 2022, #9 Order for Expanded Media Coverage, #10 Motion to Intervene by Shenandoah Hills Wind Project, LLC, #11 Petitioners' Resistance to Motion to Intervene with Attachments, #12 Proposed Intervenor's Reply in Support of Motion to Intervene with Attachment, #13 Petitioners' Motion for Ex Parte Temporary Restraining Order with Supporting Affidavit and Exhibits, #14 Proposed Intervenor's Resistance to Motion for Ex Parte Temporary Restraining Order, #15 Petitioners' Condition Reply in Support of Motion for Ex Parte Temporary Restraining Order)(Craig, Jason) |
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