Louisiana et al v. Becerra et al
| State of Louisiana, State of Alabama, State of Alaska, State of Arizona, State of Arkansas, State of Florida, State of Georgia, State of Indiana, State of Iowa, State of Kansas, Commonwealth of Kentucky, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of North Dakota, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Tennessee, State of Utah, State of West Virginia and State of Wyoming |
| Xavier Becerra, U S Dept of Health & Human Services, Administration for Children & Families, Jooyeun Chang and Bernadine Futrell |
| 3:2021cv04370 |
| December 21, 2021 |
| US District Court for the Western District of Louisiana |
| Terry A Doughty |
| Kayla D McClusky |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 702 |
| None |
Docket Report
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This docket was last retrieved on September 21, 2022. A more recent docket listing may be available from PACER.
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| Filing 46 MOTION for Natalie Christmas to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5003581) by State of Florida. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 2/18/2022. (Attachments: #1 Certificate of good standing)(aty,Murrill, Elizabeth) |
| Filing 45 MOTION for Shannon Grammel to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5003363) by State of Kansas. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 2/18/2022. (Attachments: #1 Certificate of good standing)(aty,Murrill, Elizabeth) |
Filing 44
ORDER granting #43 Motion for Extension of Time to Answer #1 Complaint. Answers due by 3/24/22. Signed by Magistrate Judge Kayla D McClusky on 2/16/2022. (crt,Crawford, A)
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| Filing 43 MOTION for Extension of Time to File Answer with consent by Administration for Children & Families, Xavier Becerra, Jooyeun Chang, Bernadine Futrell, U S Dept of Health & Human Services. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 2/15/2022. (Attachments: #1 Proposed order)(aty,Clendenen, Michael) |
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Filing 42
ORDER granting #41 Motion to Appear Pro Hac Vice for appearance of David M S Dewhirst for State of Montana. Signed by Magistrate Judge Kayla D McClusky on 2/8/2022. (crt,Crawford, A)
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| Filing 41 MOTION for David Dewhirst to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-4989147) by State of Montana. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 2/7/2022. (Attachments: #1 Certificate of good standing, #2 Proposed order)(aty,Murrill, Elizabeth) |
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Filing 40
ORDER granting #38 Motion to Appear Pro Hac Vice for appearance of Melissa A Holyoak for State of Utah. Signed by Magistrate Judge Kayla D McClusky on 2/2/2022. (crt,Leday, A)
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Filing 39
ORDER granting #37 Motion to Appear Pro Hac Vice for appearance of D John Sauer for State of Missouri. Signed by Magistrate Judge Kayla D McClusky on 2/2/2022. (crt,Leday, A)
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| Filing 38 MOTION for Melissa A. Holyoak to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-4981489) by State of Utah. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 2/1/2022. (Attachments: #1 Certificate of good standing, #2 Proposed order)(aty,Murrill, Elizabeth) |
| Filing 37 MOTION for D. John Sauer to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-4981352) by State of Missouri. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 2/1/2022. (Attachments: #1 Certificate of good standing, #2 Proposed order)(aty,Murrill, Elizabeth) |
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Filing 36
ORDER granting #33 Motion to Appear Pro Hac Vice for appearance of Morgan Elizabeth Brungard for State of Louisiana. Signed by Magistrate Judge Kayla D McClusky on 1/19/2022. (crt,Leday, A)
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Filing 35
ORDER granting #32 Motion to Appear Pro Hac Vice for appearance of Benjamin M Flowers for State of Ohio. Signed by Magistrate Judge Kayla D McClusky on 1/19/2022. (crt,Leday, A)
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Filing 34
ORDER granting #26 Motion to Appear Pro Hac Vice for appearance of Thomas Tyler Hydrick for State of South Carolina. Signed by Magistrate Judge Kayla D McClusky on 1/14/2022. (crt,Leday, A)
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| Filing 33 MOTION for Morgan Brungard to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-4961593) by State of Louisiana. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 1/14/2022. (Attachments: #1 Certificate of good standing, #2 Proposed order)(aty,Murrill, Elizabeth) |
| Filing 32 MOTION for Benjamin M. Flowers to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-4961479) by State of Ohio. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 1/14/2022. (Attachments: #1 Certificate of good standing, #2 Proposed order)(aty,Murrill, Elizabeth) |
| Filing 31 SUMMONS Returned Executed by Commonwealth of Kentucky, State of Tennessee, State of Georgia, State of Ohio, State of Alabama, State of Utah, State of Louisiana, State of Oklahoma, State of West Virginia, State of North Dakota, State of Missouri, State of Florida, State of Alaska, State of Iowa, State of Mississippi, State of South Dakota, State of Montana, State of Nebraska, State of Indiana, State of Arizona, State of Wyoming, State of South Carolina, State of Kansas, State of Arkansas Bernadine Futrell served on 12/27/2021, answer due 2/25/2022. (Attachments: #1 Exhibit A-USPS Tracking, #2 Exhibit B-USPS Tracking-US Atty, #3 Exhibit C-USPS Tracking-US AG)(aty,St John, Joseph) |
| Filing 30 SUMMONS Returned Executed by Commonwealth of Kentucky, State of Tennessee, State of Georgia, State of Ohio, State of Alabama, State of Utah, State of Louisiana, State of Oklahoma, State of West Virginia, State of North Dakota, State of Missouri, State of Florida, State of Alaska, State of Iowa, State of Mississippi, State of South Dakota, State of Montana, State of Nebraska, State of Indiana, State of Arizona, State of Wyoming, State of South Carolina, State of Kansas, State of Arkansas Jooyeun Chang served on 12/27/2021, answer due 2/25/2022. (Attachments: #1 Exhibit A-USPS Tracking, #2 Exhibit B-USPS Tracking-US Atty, #3 Exhibit C-USPS Tracking-US AG)(aty,St John, Joseph) |
| Filing 29 SUMMONS Returned Executed by Commonwealth of Kentucky, State of Tennessee, State of Georgia, State of Ohio, State of Alabama, State of Utah, State of Louisiana, State of Oklahoma, State of West Virginia, State of North Dakota, State of Missouri, State of Florida, State of Alaska, State of Iowa, State of Mississippi, State of South Dakota, State of Montana, State of Nebraska, State of Indiana, State of Arizona, State of Wyoming, State of South Carolina, State of Kansas, State of Arkansas Administration for Children & Families served on 12/27/2021, answer due 2/25/2022. (Attachments: #1 Exhibit A-USPS Tracking, #2 Exhibit B-USPS Tracking-US Atty, #3 Exhibit C-USPS Tracking-US AG)(aty,St John, Joseph) |
| Filing 28 SUMMONS Returned Executed by Commonwealth of Kentucky, State of Tennessee, State of Georgia, State of Ohio, State of Alabama, State of Utah, State of Louisiana, State of Oklahoma, State of West Virginia, State of North Dakota, State of Missouri, State of Florida, State of Alaska, State of Iowa, State of Mississippi, State of South Dakota, State of Montana, State of Nebraska, State of Indiana, State of Arizona, State of Wyoming, State of South Carolina, State of Kansas, State of Arkansas U S Dept of Health & Human Services served on 12/27/2021, answer due 2/25/2022. (Attachments: #1 Exhibit A-USPS Tracking, #2 Exhibit B-USPS Tracking-US Atty, #3 Exhibit C-USPS Tracking-US AG)(aty,St John, Joseph) |
| Filing 27 SUMMONS Returned Executed by Commonwealth of Kentucky, State of Tennessee, State of Georgia, State of Ohio, State of Alabama, State of Utah, State of Louisiana, State of Oklahoma, State of West Virginia, State of North Dakota, State of Missouri, State of Florida, State of Alaska, State of Iowa, State of Mississippi, State of South Dakota, State of Montana, State of Nebraska, State of Indiana, State of Arizona, State of Wyoming, State of South Carolina, State of Kansas, State of Arkansas Xavier Becerra served on 12/27/2021, answer due 2/25/2022. (Attachments: #1 Exhibit A-USPS Tracking, #2 Exhibit B-USPS Tracking-US Atty, #3 Exhibit C-USPS Tracking-US AG)(aty,St John, Joseph) |
| Motions Transferred regarding #26 MOTION for Thomas T. Hydrick to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-4956326). Motions referred to Magistrate Judge Kayla D McClusky. (crt,Crick, S) |
| Filing 26 MOTION for Thomas T. Hydrick to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-4956326) by State of South Carolina. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 1/11/2022. (Attachments: #1 Certificate of good standing, #2 Proposed order)(aty,Murrill, Elizabeth) |
| Motions Transferred regarding #26 MOTION for Thomas T. Hydrick to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-4956326). Motions referred to Judge Terry A Doughty. (crt,Crick, S) |
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Filing 25
ORDER granting #24 Motion to Appear Pro Hac Vice for appearance of James A Campbell for State of Nebraska. Signed by Magistrate Judge Kayla D McClusky on 1/10/2022. (crt,Leday, A)
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| Filing 24 MOTION for James A. Campbell to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-4953095) by State of Nebraska. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 1/7/2022. (Attachments: #1 Certificate of good standing, #2 Proposed order)(aty,Murrill, Elizabeth) |
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Filing 23
ORDER granting #18 Motion to Appear Pro Hac Vice for appearance of Lindsay S See for State of West Virginia. Signed by Magistrate Judge Kayla D McClusky on 1/7/2022. (crt,Crick, S)
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Filing 22
ORDER granting #19 Motion to Appear Pro Hac Vice for appearance of David M McVey for State of South Dakota. Signed by Magistrate Judge Kayla D McClusky on 1/7/2022. (crt,Crick, S)
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Filing 21
ORDER granting #17 Motion to Enroll as Counsel. Added as counsel Elisabeth Ashley Daigle for State of Louisiana. Signed by Magistrate Judge Kayla D McClusky on 1/7/2022. (crt,Crick, S)
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Filing 20
ORDER granting #16 Motion to Appear Pro Hac Vice for appearance of Stephen J Petrany for State of Georgia. Signed by Magistrate Judge Kayla D McClusky on 1/7/2022. (crt,Crick, S)
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| Filing 19 MOTION for David M. McVey to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-4951543) by State of South Dakota. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 1/6/2022. (Attachments: #1 Certificate of good standing, #2 Proposed order)(aty,Murrill, Elizabeth) |
| Filing 18 MOTION for Lindsay S. See to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-4951354) by State of West Virginia. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 1/6/2022. (Attachments: #1 Certificate of good standing, #2 Proposed order)(aty,Murrill, Elizabeth) |
| Filing 17 MOTION for Elisabeth Daigle to Enroll as Counsel by State of Louisiana. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 1/6/2022. (Attachments: #1 Proposed order)(aty,Murrill, Elizabeth) |
| Filing 16 MOTION for Stephen J. Petrany to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-4950223) by State of Georgia. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 1/6/2022. (Attachments: #1 Certificate of good standing, #2 Proposed order)(aty,Murrill, Elizabeth) |
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Filing 15
MEMORANDUM ORDER granting #2 Motion for Preliminary Injunction; denying as moot #6 Motion for TRO and #7 Amended Motion for TRO. The U.S. Department of Health and Human Resources, the Administration for Children and Families, and the Office of Head Start, along with their Secretary, directors, administrators, and employees are hereby ENJOINED and RESTRAINED from implementing the Head Start Mandate set forth in 86 Fed. Reg. 68052 (November 30, 2021), as to all Head Start staff, volunteers, contractors, students, and all others covered by said Head Start Mandate. Signed by Judge Terry A Doughty on 1/1/2022. (crt,Crawford, A)
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| Filing 14 REPLY to Response to Motion re #2 MOTION for Preliminary Injunction , #6 MOTION for Temporary Restraining Order filed by State of Alabama, State of Alaska, State of Arizona, State of Arkansas, State of Florida, State of Georgia, State of Indiana, State of Iowa, State of Kansas, Commonwealth of Kentucky, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of North Dakota, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Tennessee, State of Utah, State of West Virginia, State of Wyoming. (aty,Murrill, Elizabeth) |
| Filing 13 MEMORANDUM in Opposition re #2 MOTION for Preliminary Injunction , #7 Amended MOTION for Temporary Restraining Order filed by Administration for Children & Families, Xavier Becerra, Jooyeun Chang, Bernadine Futrell, U S Dept of Health & Human Services. (aty,Clendenen, Michael) |
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Filing 12
ORDER granting #11 Motion for Leave to File Excess Pages. Defendants may file a combined brief in response to Plaintiffs Motion for Preliminary Injunction and Motion for Temporary Restraining Order not to exceed 50 pages, excluding the table of contents and table of authorities. IT IS FURTHER ORDERED that Plaintiffs may file a combined reply brief in support of both Plaintiffs Motion for Preliminary Injunction and Motion for Temporary Restraining Order not to exceed 20 pages, excluding the table of contents and table of authorities. Signed by Judge Terry A Doughty on 12/27/2021. (crt,Miletello, A)
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| Filing 11 Unopposed MOTION for Leave to File Excess Pages re Plaintiffs' Motion for Preliminary Injunction and Motion for Temporary Restraining Order by Administration for Children & Families, Xavier Becerra, Jooyeun Chang, Bernadine Futrell, U S Dept of Health & Human Services. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 12/27/2021. (Attachments: #1 Proposed order)(aty,Edelman, Christopher) |
| Filing 10 NOTICE of Appearance by Michael Patrick Clendenen on behalf of Administration for Children & Families, Xavier Becerra, Jooyeun Chang, Bernadine Futrell, U S Dept of Health & Human Services (Attorney Michael Patrick Clendenen added to party Administration for Children & Families(pty:dft), Attorney Michael Patrick Clendenen added to party Xavier Becerra(pty:dft), Attorney Michael Patrick Clendenen added to party Jooyeun Chang(pty:dft), Attorney Michael Patrick Clendenen added to party Bernadine Futrell(pty:dft), Attorney Michael Patrick Clendenen added to party U S Dept of Health & Human Services(pty:dft)) (aty,Clendenen, Michael) |
| Motions Transferred regarding #11 Unopposed MOTION for Leave to File Excess Pages re Plaintiffs' Motion for Preliminary Injunction and Motion for Temporary Restraining Order. Motions referred to Judge Terry A Doughty. (crt,Miletello, A) |
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Filing 9
MINUTE ENTRY: Defendants are to file a response to #6 Motion for Temporary Restraining Order by 5:00 p.m. on Wednesday, December 29, 2021. Plaintiffs may file a reply by 5:00 p.m. on Friday, December 31, 2021. Plaintiffs are to promptly notify Defendants of this briefing schedule in order to allow Defendants sufficient time to respond. The previous briefing schedule [Doc. No. 3] for the Preliminary Injunction remains in effect. Signed by Judge Terry A Doughty on 12/23/2021. (crt,Miletello, A)
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| Filing 8 NOTICE of Appearance by Christopher D Edelman on behalf of Administration for Children & Families, Xavier Becerra, Jooyeun Chang, Bernadine Futrell, U S Dept of Health & Human Services (Attorney Christopher D Edelman added to party Administration for Children & Families(pty:dft), Attorney Christopher D Edelman added to party Xavier Becerra(pty:dft), Attorney Christopher D Edelman added to party Jooyeun Chang(pty:dft), Attorney Christopher D Edelman added to party Bernadine Futrell(pty:dft), Attorney Christopher D Edelman added to party U S Dept of Health & Human Services(pty:dft)) (aty,Edelman, Christopher) |
| Filing 7 Amended MOTION for Temporary Restraining Order by State of Alabama, State of Alaska, State of Arizona, State of Arkansas, State of Florida, State of Georgia, State of Indiana, State of Iowa, State of Kansas, Commonwealth of Kentucky, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of North Dakota, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Tennessee, State of Utah, State of West Virginia, State of Wyoming. Motion Ripe Deadline set for 12/23/2021. (Attachments: #1 Memorandum in Support, #2 Proposed order)(aty,Murrill, Elizabeth) |
| Filing 6 MOTION for Temporary Restraining Order by State of Alabama, State of Alaska, State of Arizona, State of Arkansas, State of Florida, State of Georgia, State of Indiana, State of Iowa, State of Kansas, Commonwealth of Kentucky, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of North Dakota, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Tennessee, State of Utah, State of West Virginia, State of Wyoming. Motion Ripe Deadline set for 12/23/2021. (Attachments: #1 Memorandum / Brief, #2 Proposed order)(aty,Murrill, Elizabeth) |
| Filing 5 SUMMONS ISSUED as to U S Attorney, U S Attorney General, Xavier Becerra, U S Dept of Health & Human Services, Administration for Chidlren & Families, Jooyeun Chang, Bernadine Futrell. (crt,Crick, S) |
| Filing 4 ISSUED IN ERROR. SUMMONS ISSUED as to Administration for Children & Families, Xavier Becerra, Jooyeun Chang, Bernadine Futrell, U S Dept of Health & Human Services. (crt,Crick, S) Modified on 12/22/2021 to indicate issued in error. (Crick, S). |
| Filing 3 MINUTE ENTRY: Plaintiffs are to promptly serve Defendants with the Complaint and #2 Motion for Preliminary Injunction and file proof of service in the record. Upon receipt, Defendants may file a Response to the Motion no later than 5 p.m. on 1/14/2022. Plaintiffs may file a Reply no later than 5 p.m. on 1/21/2022. Signed by Judge Terry A Doughty on 12/22/2021. (crt,Keifer, K) |
| Filing 2 MOTION for Preliminary Injunction by State of Alabama, State of Alaska, State of Arizona, State of Arkansas, State of Florida, State of Georgia, State of Indiana, State of Iowa, State of Kansas, Commonwealth of Kentucky, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of North Dakota, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Tennessee, State of Utah, State of West Virginia, State of Wyoming. Motion Ripe Deadline set for 12/21/2021. (Attachments: #1 Memorandum / Brief, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Proposed order)(aty,Murrill, Elizabeth) |
| Filing 1 COMPLAINT against Administration for Children & Families, Xavier Becerra, Jooyeun Chang, Bernadine Futrell, U S Dept of Health & Human Services. (Filing fee $402, receipt number ALAWDC-4936479) filed by Commonwealth of Kentucky, State of Tennessee, State of Georgia, State of Ohio, State of Alabama, State of Utah, State of Louisiana, State of Oklahoma, State of West Virginia, State of North Dakota, State of Missouri, State of Florida, State of Alaska, State of Iowa, State of Mississippi, State of South Dakota, State of Montana, State of Nebraska, State of Indiana, State of Arizona, State of Wyoming, State of South Carolina, State of Kansas, State of Arkansas. (Attachments: #1 Civil cover sheet)(Attorney Elizabeth Baker Murrill added to party State of Alabama(pty:pla), State of Alaska(pty:pla), State of Arizona(pty:pla), State of Arkansas(pty:pla), State of Florida(pty:pla), State of Georgia(pty:pla), State of Indiana(pty:pla), State of Iowa(pty:pla), State of Kansas(pty:pla), Commonwealth of Kentucky(pty:pla), State of Louisiana(pty:pla), State of Mississippi(pty:pla), State of Missouri(pty:pla), State of Montana(pty:pla), State of Nebraska(pty:pla), State of North Dakota(pty:pla), State of Ohio(pty:pla), State of Oklahoma(pty:pla), State of South Carolina(pty:pla), State of South Dakota(pty:pla), State of Tennessee(pty:pla), State of Utah(pty:pla), State of West Virginia(pty:pla), State of Wyoming(pty:pla))(aty,Murrill, Elizabeth) Modified on 12/21/2021 to modify docket text. (Crick, S). |
| CASE Assigned to Judge Terry A Doughty and Magistrate Judge Kayla D McClusky. (crt,Crick, S) |
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