Brito et al v. Barr et al
Petitioner: Gilberto Pereira Brito, Jacky Celicourt and Florentin Avila Lucas
Respondent: Marcos Charles, Christopher Brackett, James McHenry, Lori Streeter, Yolanda Smith, Mark Morgan, Steven Souza, Kevin McAleenan, William Barr and Antone Moniz
Intervenor: Pro Se Party John A. Hawkinson
Case Number: 1:2019cv11314
Filed: June 13, 2019
Court: US District Court for the District of Massachusetts
Presiding Judge: Patti B Saris
Nature of Suit: Habeas Corpus - Alien Detainee
Cause of Action: 28:2241
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 6, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 6, 2019 Filing 62 Chief Judge Patti B. Saris: ORDER entered denying #52 Motion for Entry of Final Judgment. (Lara, Miguel)
August 6, 2019 Filing 59 STATUS REPORT and Proposed Schedule by Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas. (McFadden, Daniel)
August 6, 2019 Filing 58 Chief Judge Patti B. Saris: MEMORANDUM AND ORDER entered.ORDERFor the foregoing reasons, Plaintiffs' motion for class certification (Docket No. #17 ) is ALLOWED. The Court certifies the following two classes for the due process claim: Pre-Hearing Class: All individuals who 1) are or will be detained pursuant to 8 U.S.C. 1226(a), 2) are held in immigration detention in Massachusetts or are otherwise subject to the jurisdiction of the Boston Immigration Court, and 3) have not received a bond hearing before an immigration judge.Post-Hearing Class: All individuals who 1) are or will be detained pursuant to 8 U.S.C. 1226(a), 2) are held in immigration detention in Massachusetts or are otherwise subject to the jurisdiction of the Boston Immigration Court, and 3) have received a bond hearing before an immigration judge.The Court appoints Mintz Levin, the American Civil Liberties Union Foundation of Massachusetts, the American Civil Liberties Union Foundation of New Hampshire, and the ACLU Foundation Immigrants' Rights Project as class counsel under Federal Rule of Civil Procedure 23(g). SO ORDERED.(Lara, Miguel)
August 5, 2019 Filing 57 Electronic Clerk's Notes for proceedings held before Chief Judge Patti B. Saris: Motion Hearing held on 8/5/2019 re #17 MOTION to Certify Class filed by Jacky Celicourt, Florentin Avila Lucas, Gilberto Pereira Brito, #52 MOTION for Entry of Final Judgment filed by Jacky Celicourt, Florentin Avila Lucas, Gilberto Pereira Brito. Court will consider an expedited briefing schedule. Plaintiff will file a letter by 9/6/19 re: proposed schedule going forward. ORDERED: Gvt shall file an answer on or before 9/5/19, all discovery is STAYED, Plaintiff does not anticipate taking any discovery at this point-parties will confer, all matters taken under advisement. (Court Reporter: Linda Walsh ) (Molloy, Maryellen)
August 2, 2019 Filing 56 REPLY to Response to #17 MOTION to Certify Class filed by Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas. (Finegan, Susan)
August 2, 2019 Filing 55 First Opposition re #52 MOTION for Entry of Final Judgment filed by William Barr, Christopher Brackett, Marcos Charles, Kevin McAleenan, James McHenry, Antone Moniz, Mark Morgan, Yolanda Smith, Steven Souza, Lori Streeter. (Le, Huy)
July 25, 2019 Filing 54 ELECTRONIC NOTICE Setting Hearing on Motion #52 MOTION for Entry of Final Judgment..... Motion Hearing set for 8/5/2019 09:30 AM in Courtroom 19 before Chief Judge Patti B. Saris. (Molloy, Maryellen)
July 19, 2019 Filing 53 MEMORANDUM in Support re #52 MOTION for Entry of Final Judgment filed by Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas. (Attachments: #1 Text of Proposed Order)(Finegan, Susan)
July 19, 2019 Filing 52 MOTION for Entry of Final Judgment by Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas.(Finegan, Susan)
July 19, 2019 Filing 51 RESPONSE to Motion re #17 MOTION to Certify Class (in opposition) filed by William Barr, Christopher Brackett, Marcos Charles, Kevin McAleenan, James McHenry, Antone Moniz, Mark Morgan, Yolanda Smith, Steven Souza, Lori Streeter. (Sheffield, Carlton)
July 17, 2019 Filing 50 NOTICE of Appearance by Susan J. Cohen on behalf of Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas (Cohen, Susan)
July 17, 2019 Filing 49 NOTICE of Appearance by Andrew Nathanson on behalf of Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas (Nathanson, Andrew)
July 17, 2019 Filing 48 NOTICE of Appearance by Jennifer J. Mather on behalf of Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas (Mather, Jennifer)
July 17, 2019 Filing 47 NOTICE of Appearance by Ryan T. Dougherty on behalf of Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas (Dougherty, Ryan)
July 17, 2019 Filing 46 Chief Judge Patti B. Saris: ELECTRONIC ORDER entered granting #11 ro se, for an Order to Permit Remote Access to Electronic Court Filings Pursuant to FRCP 5.2(c) ("Open the Docket"). (Lara, Miguel)
July 17, 2019 Filing 45 Chief Judge Patti B. Saris: ELECTRONIC ORDER entered granting #10 Motion to Intervene; granting #10 Motion for leave to electronically file Pro Se. The court grants permission on the condition that the plaintiff satisfies all applicable training and other requirements for pro se litigants as stated in the CM/ECF Administrative Procedures, Page 5. The plaintiff is directed to complete the registration form accessible at https://public.mad.uscourts.gov/ecfreg.html (Lara, Miguel)
July 15, 2019 Filing 44 ELECTRONIC NOTICE Setting Hearing on Motion #17 MOTION to Certify Class : Motion Hearing set for 8/5/2019 09:30 AM in Courtroom 19 before Chief Judge Patti B. Saris. (Molloy, Maryellen)
July 8, 2019 Filing 43 Chief Judge Patti B. Saris: GENERAL ORDER 19-02June 1, 2019STANDING PROCEDURAL ORDER RE:PUBLIC ACCESS TO IMMIGRATION CASES RESTRICTEDBY FEDERAL RULES OF CIVIL PROCEDURE 5.2(C)1. The court orders that in an action or proceeding relating to an order of removal,or to immigration benefits or detention, access to an electronic file is authorized to the extent provided by Fed. R. Civ. P. 5.2(c) for thirty days after the case filing. At that time, restrictions on remote access to the full electronic record shall be removed except for redactions required pursuant Rule 5.2(a) to protect confidential information (i.e., social security numbers).2. Any party who objects to the removal of the restrictions provided by Rule 5.2(c)shall file objections with the court within 14 days of the case filing. Any response to the objection shall be filed within seven days. Restrictions will not be lifted until the court rules on any objections.3. At all times, paper copies of documents restricted by Rule 5.2(c) will be providedwhen requested at each courthouse subject to the condition that they shall not be placed on the internet within the first thirty days after the case filing if there are no objections or until the presiding judge lifts the restriction.4. The presiding judge may modify this standing order at any time in the interest ofjustice. 5. This order shall be served by the Clerks Office on all parties when the case is filed and on each person that requests a paper record.(Lara, Miguel)
July 3, 2019 Filing 42 AFFIDAVIT in Support re #17 MOTION to Certify Class , #27 Amended MOTION to Seal (Assented to) of Sidra Vitale, Esq. With Regard to Gilberto Pereira Brito (Redacted) filed by Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas. (Finegan, Susan)
July 3, 2019 Filing 41 AFFIDAVIT in Support re #17 MOTION to Certify Class , #27 Amended MOTION to Seal (Assented to) of Melanie M. Chaput, Esq. With Regard to Jacky Celicourt (Redacted) filed by Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas. (Finegan, Susan)
July 2, 2019 Filing 40 STATUS REPORT (Supplemental) Concerning Detention Status of Named Petitioners by William Barr, Christopher Brackett, Marcos Charles, Kevin McAleenan, James McHenry, Antone Moniz, Mark Morgan, Yolanda Smith, Steven Souza, Lori Streeter. (Sheffield, Carlton)
July 2, 2019 Filing 39 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah)
July 2, 2019 Filing 38 Transcript of Status Conference held on June 26, 2019, before Chief Judge Patti B. Saris. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Lee Marzilli at leemarz@aol.com Redaction Request due 7/23/2019. Redacted Transcript Deadline set for 8/2/2019. Release of Transcript Restriction set for 9/30/2019. (Scalfani, Deborah)
July 1, 2019 Filing 37 STATUS REPORT regarding detention status of named Petitioners by William Barr, Christopher Brackett, Marcos Charles, Kevin McAleenan, James McHenry, Antone Moniz, Mark Morgan, Yolanda Smith, Steven Souza, Lori Streeter. (Attachments: #1 Exhibit Lucas Form I-286, #2 Exhibit Celicourt Form I-286)(Sheffield, Carlton)
June 28, 2019 Filing 36 NOTICE of Appearance by Rayford A. Farquhar on behalf of William Barr, Christopher Brackett, Marcos Charles, Kevin McAleenan, James McHenry, Antone Moniz, Mark Morgan, Yolanda Smith, Steven Souza, Lori Streeter (Farquhar, Rayford)
June 27, 2019 Filing 35 Mail Returned as Undeliverable. Mail sent to James McHenry, Director, Executive Office for Immigration Review. (Lara, Miguel)
June 26, 2019 Filing 34 Electronic Clerk's Notes for proceedings held before Chief Judge Patti B. Saris: Status Conference held on 6/26/2019....ORDERED: Gvt shall file a response to the individual petitions by 7/8/19; Gvt shall file an opposition to Class Certification by 7/19/19; Reply due by 8/2/19, all matters under advisement. (Court Reporter: Lee Marzilli at leemarz@aol.com.) (Molloy, Maryellen)
June 26, 2019 Filing 33 Chief Judge Patti B. Saris: ELECTRONIC ORDER entered re #32 Motion to Stay All Pending Deadlines and Hold Proceedings in Abeyance Pending First Circuit Decision. "Denied." (Lara, Miguel)
June 25, 2019 Filing 32 First MOTION to Stay All Pending Deadlines and Hold Proceedings in Abeyance Pending First Circuit Decision by William Barr, Christopher Brackett, Marcos Charles, Kevin McAleenan, James McHenry, Antone Moniz, Mark Morgan, Yolanda Smith, Steven Souza, Lori Streeter. (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Le, Huy)
June 24, 2019 Filing 31 NOTICE of Appearance by J. Max Weintraub on behalf of William Barr, Christopher Brackett, Marcos Charles, Kevin McAleenan, James McHenry, Antone Moniz, Mark Morgan, Yolanda Smith, Steven Souza, Lori Streeter (Weintraub, J.)
June 24, 2019 Filing 30 STATUS REPORT Regarding Plaintiff-Petitioner Pereira Brito by Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas. (Finegan, Susan)
June 21, 2019 Filing 29 ELECTRONIC NOTICE of Hearing.... Status Conference set for 6/26/2019 04:00 PM in Courtroom 19 before Chief Judge Patti B. Saris. (Molloy, Maryellen)
June 20, 2019 Filing 28 Chief Judge Patti B. Saris: ENDORSED ORDER entered re #21 Motion to Seal. "ALLOWED." (Pacho, Arnold)
June 20, 2019 Filing 27 Amended MOTION to Seal (Assented to) by Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas.(Finegan, Susan)
June 19, 2019 Filing 24 STATUS REPORT by Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas. (Attachments: #1 Exhibit A)(McFadden, Daniel)
June 18, 2019 Filing 23 NOTICE of Appearance by Huy Le on behalf of William Barr, Christopher Brackett, Marcos Charles, Kevin McAleenan, James McHenry, Antone Moniz, Mark Morgan, Yolanda Smith, Steven Souza, Lori Streeter (Le, Huy)
June 18, 2019 Filing 22 NOTICE of Appearance by Carlton F. Sheffield on behalf of William Barr, Christopher Brackett, Marcos Charles, Kevin McAleenan, James McHenry, Antone Moniz, Mark Morgan, Yolanda Smith, Steven Souza, Lori Streeter (Sheffield, Carlton)
June 18, 2019 Filing 21 MOTION to Seal by Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas.(Finegan, Susan)
June 18, 2019 Filing 20 DECLARATION re #17 MOTION to Certify Class (Declaration of Sophie Beiers) by Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas. (Finegan, Susan)
June 18, 2019 Filing 19 DECLARATION re #17 MOTION to Certify Class (Declaration of Melanie M. Chaput, Esq., with Regard to Florentin Avila Lucas) by Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Finegan, Susan)
June 18, 2019 Filing 18 MEMORANDUM in Support re #17 MOTION to Certify Class filed by Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas. (Finegan, Susan)
June 18, 2019 Filing 17 MOTION to Certify Class by Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas. (Attachments: #1 Text of Proposed Order)(Finegan, Susan)
June 14, 2019 Filing 16 Chief Judge Patti B. Saris: ORDER entered. STANDING ORDER on 2241 petitions regarding detention and removal of the Petitioner from the District of Massachusetts. re #1 Petition for Writ of Habeas Corpus (2241),, filed by Jacky Celicourt, Florentin Avila Lucas, Gilberto Pereira Brito. (Lara, Miguel)
June 14, 2019 Filing 15 Chief Judge Patti B. Saris: ELECTRONIC ORDER entered granting #13 Motion for Leave to Appear Pro Hac Vice Added SangYeob Kim. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Lara, Miguel)
June 14, 2019 Filing 14 Chief Judge Patti B. Saris: ORDER entered. 1.The Clerk shall serve the petition on Respondents and the United States Attorney for the District of Massachusetts.2.Respondents shall respond to the petition within 21 days of the entry of this Order. 3.In order to give the Court time to consider the matter, unless otherwise ordered by the Court, petitioner shall not be moved outside the District of Massachusetts without providing the Court 48 hours advance notice of the move and the reason therefor. Any such 48-hour notice period shall commence at the date and time such notice is filed and expire 48 hours later, except [i]f the period would end on a Saturday, Sunday, or legal holiday, the period continues to run until the same time on the next day that is not a Saturday, Sunday, or legal holiday. Fed. R. Civ. P. 6(a)(2)(C).(PSSA, 4)
June 14, 2019 Filing 13 MOTION for Leave to Appear Pro Hac Vice for admission of SangYeob Kim Filing fee: $ 100, receipt number 0101-7732837 by Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas. (Attachments: #1 Affidavit Affidavit of SangYeob Kim)(McFadden, Daniel)
June 14, 2019 Filing 12 MEMORANDUM in Support re #11 Motion of John A. Hawkinson, Pro se, for an Order to Permit Remote Access to Electronic Court Filings Pursuant to FRCP 5.2(c) ("Open the Docket"). (Attachments: #1 Exhibit) (Lara, Miguel)
June 14, 2019 Filing 11 MOTION of John A. Hawkinson, Pro se, for an Order to Permit Remote Access to Electronic Court Filings Pursuant to FRCP 5.2(c) ("Open the Docket"). (Lara, Miguel)
June 14, 2019 Filing 10 MOTION of John A. Hawkinson, Pro Se, to (1) Intervene Seeking Remote Access; And (2) for ECF Filing Privileges. (Responses due by 6/28/2019)(Lara, Miguel)
June 14, 2019 ELECTRONIC NOTICE of Duplicate Filing Fee and Credit for Refund re #7 MOTION for Leave to Appear Pro Hac Vice for admission of Michael Tan Filing fee: $ 100, receipt number 0101-7730852, for $100.00 paid on 06/13/2019, receipt number 0101-7730712. (Adam, Lucien)
June 13, 2019 Filing 9 NOTICE of Appearance by Henry R. Klementowicz on behalf of Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas (Klementowicz, Henry)
June 13, 2019 Filing 8 Chief Judge Patti B. Saris: ELECTRONIC ORDER entered granting #7 Motion for Leave to Appear Pro Hac Vice Added Michael K. Tan. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Lara, Miguel)
June 13, 2019 Filing 7 MOTION for Leave to Appear Pro Hac Vice for admission of Michael Tan Filing fee: $ 100, receipt number 0101-7730852 by Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas. (Attachments: #1 Declaration of Michael Tan)(McFadden, Daniel)
June 13, 2019 Filing 6 NOTICE of Appearance by Gilles R. Bissonnette on behalf of Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas (Bissonnette, Gilles)
June 13, 2019 Filing 5 ELECTRONIC NOTICE of Case Assignment. Chief Judge Patti B. Saris assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Donald L. Cabell. (Finn, Mary)
June 13, 2019 ***Case List Add to DH for Hab (PSSA, 5)
June 13, 2019 Filing 4 NOTICE of Appearance by Matthew Segal on behalf of Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas (Segal, Matthew)
June 13, 2019 Filing 3 NOTICE of Appearance by Adriana Lafaille on behalf of Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas (Lafaille, Adriana)
June 13, 2019 Filing 2 NOTICE of Appearance by Daniel L. McFadden on behalf of Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas (McFadden, Daniel)
June 13, 2019 Filing 1 PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number 0101-7730113 Fee status: Filing Fee paid., filed by Gilberto Pereira Brito, Jacky Celicourt, Florentin Avila Lucas. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Civil Cover Sheet, #16 Category Form)(Finegan, Susan)

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Search for this case: Brito et al v. Barr et al
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Petitioner: Gilberto Pereira Brito
Represented By: Matthew Segal
Represented By: Henry R. Klementowicz
Represented By: Michael Tan
Represented By: Gilles R. Bissonnette
Represented By: Susan M. Finegan
Represented By: Daniel L. McFadden
Represented By: Adriana Lafaille
Represented By: Ryan T. Dougherty
Represented By: SangYeob Kim
Represented By: Andrew Nathanson
Represented By: Jennifer J. Mather
Represented By: Susan J. Cohen
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Petitioner: Jacky Celicourt
Represented By: Matthew Segal
Represented By: Henry R. Klementowicz
Represented By: Michael Tan
Represented By: Gilles R. Bissonnette
Represented By: Susan M. Finegan
Represented By: Daniel L. McFadden
Represented By: Adriana Lafaille
Represented By: Ryan T. Dougherty
Represented By: SangYeob Kim
Represented By: Andrew Nathanson
Represented By: Jennifer J. Mather
Represented By: Susan J. Cohen
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Petitioner: Florentin Avila Lucas
Represented By: Matthew Segal
Represented By: Henry R. Klementowicz
Represented By: Michael Tan
Represented By: Gilles R. Bissonnette
Represented By: Susan M. Finegan
Represented By: Daniel L. McFadden
Represented By: Adriana Lafaille
Represented By: Ryan T. Dougherty
Represented By: SangYeob Kim
Represented By: Andrew Nathanson
Represented By: Jennifer J. Mather
Represented By: Susan J. Cohen
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Respondent: Marcos Charles
Represented By: Carlton F. Sheffield
Represented By: J. Max Weintraub
Represented By: Rayford A. Farquhar
Represented By: Huy Le
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Respondent: Christopher Brackett
Represented By: Carlton F. Sheffield
Represented By: J. Max Weintraub
Represented By: Rayford A. Farquhar
Represented By: Huy Le
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Respondent: James McHenry
Represented By: Carlton F. Sheffield
Represented By: J. Max Weintraub
Represented By: Rayford A. Farquhar
Represented By: Huy Le
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Respondent: Lori Streeter
Represented By: Carlton F. Sheffield
Represented By: J. Max Weintraub
Represented By: Rayford A. Farquhar
Represented By: Huy Le
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Respondent: Yolanda Smith
Represented By: Carlton F. Sheffield
Represented By: J. Max Weintraub
Represented By: Rayford A. Farquhar
Represented By: Huy Le
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Respondent: Mark Morgan
Represented By: Carlton F. Sheffield
Represented By: J. Max Weintraub
Represented By: Rayford A. Farquhar
Represented By: Huy Le
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Respondent: Steven Souza
Represented By: Carlton F. Sheffield
Represented By: J. Max Weintraub
Represented By: Rayford A. Farquhar
Represented By: Huy Le
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Respondent: Kevin McAleenan
Represented By: Carlton F. Sheffield
Represented By: J. Max Weintraub
Represented By: Rayford A. Farquhar
Represented By: Huy Le
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Respondent: William Barr
Represented By: Carlton F. Sheffield
Represented By: J. Max Weintraub
Represented By: Rayford A. Farquhar
Represented By: Huy Le
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Respondent: Antone Moniz
Represented By: Carlton F. Sheffield
Represented By: J. Max Weintraub
Represented By: Rayford A. Farquhar
Represented By: Huy Le
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Intervenor: Pro Se Party John A. Hawkinson
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