Anders v. Benson et al
Plaintiff: Shane Anders, Leigh Reed-Pratt, Venias Jordan, Jr. and Robert Davis
Defendant: Jennifer Redmond, Cathy M. Garrett, Wayne County Board of Canvassers, Jocelyn Benson, Kym L. Worthy, Wayne County Election Commission, Gil Flowers, Timothy Kenny, Janice Winfrey, Detroit Election Commission and City of Detroit Department of Elections
Case Number: 4:2020cv11991
Filed: July 26, 2020
Court: US District Court for the Eastern District of Michigan
Office: Flint Office
Presiding Judge: Matthew F Leitman
Referring Judge: Anthony P Patti
Nature of Suit: Constitutional - State Statute
Cause of Action: 28:2201
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 21, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 21, 2020 Filing 65 NOTICE by Robert Davis re #48 Amended Complaint (Attachments: #1 Exhibit Exhibit A- Plaintiffs' State-Court Complaint, #2 Exhibit Exhibit B- Plaintiffs' Amended Joint Emergency Motion for Disqualification of Defendant Chief Judge Kenny) (Davis, Robert) Modified on 9/22/2020 (SSch). [DOCUMENT TITLED "NOTICE INFORMING THE COURT OF STATE COURT PROCEEDINGS INVOLVING PLAINTIFFS AND SOME OF THE NAMED DEFENDANTS"]
September 21, 2020 Pro Se E-filing Access Given to Robert Davis. (VLun)
September 17, 2020 Opinion or Order Filing 64 ORDER (1) Granting Plaintiff Robert Davis' #57 Motion for Order Authorizing Him to File Documents Electronically, (2) Terminating Appearance of Davis' Counsel, and (3) Authorizing Davis to File Documents Electronically. Signed by District Judge Matthew F. Leitman. (HMon)
September 14, 2020 Filing 63 RESPONSE to #57 MOTION for Order Authorizing Plaintiff Robert Davis To File Documents Electronically Through The Court's ECF Filing System As A Pro Se Litigant for this Case Only filed by Timothy Kenny. (Attachments: #1 Index of Exhibits, #2 Exhibit 9/6/2020 Email from Atty Paterson Seeking Concurrence) (Sherburn, Cynthia)
September 14, 2020 Filing 62 RESPONSE to #57 MOTION for Order Authorizing Plaintiff Robert Davis To File Documents Electronically Through The Court's ECF Filing System As A Pro Se Litigant for this Case Only filed by Jocelyn Benson. (Attachments: #1 Index of Exhibits Exhibit List, #2 Exhibit A. Citizens Against Corrupt Gov't v Johnson) (Grill, Erik)
September 10, 2020 Filing 61 ERRATA Sheet re: #56 MOTION to Dismiss filed by Timothy Kenny. by Timothy Kenny correcting ECM 56, Page ID 722 (Attachments: #1 Index of Exhibits, #2 Exhibit Corrected Table of Contents) (Sherburn, Cynthia)
September 8, 2020 Filing 60 MOTION to Dismiss WAYNE COUNTYS MOTION TO DISMISS AND BRIEF IN SUPPORT by Gil Flowers, Cathy M. Garrett, Jennifer Redmond. (Attachments: #1 Exhibit Kym Worthy Affidavit of Identity, #2 Exhibit Burton-Harris Challenge to Kym Worthy Affidavit, #3 Exhibit Kym Worthy Response To Challenge, #4 Exhibit Transcript, #5 Exhibit Certified Candidate List, #6 Exhibit Burton-Harris Complaint, #7 Exhibit Burton-Harris Order to Show Cause, #8 Exhibit Burton-Harris Court of Appeals Order dated June 9, 2020, #9 Exhibit Burton-Harris Orders dated June 15, 2020, #10 Exhibit Burton-Harris Court of Appeals Orders dated July 1, 2020, #11 Exhibit Burton-Harris Bypass Application for Leave dated July 6, 2020, #12 Exhibit Burton-Harris Bypass Supreme Court Order dated July 15, 2020, #13 Exhibit Brenda Jones Affidavit of Identity, #14 Exhibit Davis v WCEC Circuit Court Complaint, #15 Exhibit Davis v WCEC Circuit Court Motion, #16 Exhibit Davis v WCEC Circuit Court Motion For TRO, #17 Exhibit Davis v WCEC Circuit Court Order, #18 Exhibit Davis v WCEC Circuit Court Application For Leave, #19 Exhibit Davis v WCEC COA Order dated July 22, 2020, #20 Exhibit Davis v WCEC Circuit Court Order dated July 23, 2020, #21 Exhibit Davis v WCEC COA Emergency Appeal dated July 24, 2020, #22 Exhibit Hill v Winfrey Complaint, #23 Exhibit Hill v Winfrey Order Denying Mandamus, #24 Exhibit Hill v Winfrey COA Order dated September 4, 2020, #25 Exhibit 1995-1996 Mich Op Atty Gen 150 No. 6895, #26 Exhibit HB 5765, Senate Floor Analysis, May 9, 1996, #27 Exhibit Board of Canvassers, #28 Exhibit Davis v Benson Order and Registers of Action) (Anderson-Davis, Janet)
September 8, 2020 Opinion or Order Filing 59 ORDER Granting in Part and Denying in Part Plaintiff Robert Davis' #58 Motion for an Expedited Briefing Schedule. Signed by District Judge Matthew F. Leitman. (HMon)
September 8, 2020 Filing 58 MOTION to Expedite Briefing, Scheduling and Adjudication of Plaintiff Davis' Motion for Order Authorizing Electronic Filing of Documents By Pro Se Litigant (ECF No. 57) by Robert Davis. (Paterson, Andrew)
September 8, 2020 Filing 57 MOTION for Order Authorizing Plaintiff Robert Davis To File Documents Electronically Through The Court's ECF Filing System As A Pro Se Litigant for this Case Only by Robert Davis. (Attachments: #1 Exhibit Declartion of Plaintiff Robert Davis declaring his desire to proceed in propria persona) (Paterson, Andrew)
September 2, 2020 Filing 56 MOTION to Dismiss by Timothy Kenny. (Attachments: #1 Index of Exhibits, #2 Exhibit 3CC Local Ct. R. 2017-08) (Sherburn, Cynthia)
August 17, 2020 Filing 55 TRANSCRIPT of MOTION FOR PRELIMINARY INJUNCTION held on August 11, 2020. (Court Reporter: Peg L. Goodrich) (Number of Pages: 40) The parties have 21 days to file with the court and Court Reporter a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 9/8/2020. Redacted Transcript Deadline set for 9/17/2020. Release of Transcript Restriction set for 11/16/2020. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Goodrich, P)
August 17, 2020 Opinion or Order Filing 54 ORDER Dismissing Count V of #48 Second Amended Complaint Without Prejudice. Signed by District Judge Matthew F. Leitman. (HMon)
August 14, 2020 Filing 53 MEMORANDUM re: Whether a Candidate for the Office of Prosecuting Attorney Must Be an Attorney by Timothy Kenny (Sherburn, Cynthia)
August 14, 2020 Filing 52 MEMORANDUM re #5 Emergency MOTION for Temporary Restraining Order or the Alternative, Motion for Preliminary Injunction Prosecutor Worthy's Brief on The Issue of Recusal by Kym L. Worthy (Attachments: #1 Index of Exhibits, #2 Exhibit Exhibit 1 Election Summary Reports, #3 Exhibit Exhibit 2 Unpublished Case(s)) (Hollowell, Melvin)
August 13, 2020 Opinion or Order Filing 51 ORDER Denying Plaintiff's #5 Motion for a Temporary Restraining Order or Preliminary Injunction. Signed by District Judge Matthew F. Leitman. (HMon)
August 12, 2020 Filing 50 EXHIBIT Exhibit J- Blank Postelection Compliance Statement Affidavit re #48 Amended Complaint by Shane Anders (Paterson, Andrew)
August 12, 2020 Filing 49 EXHIBIT Exhibit I- Former SOS Ruth Johnson's Interpretative Statement for Robert Davis' Request for Declaratory Ruling re Anonymous Political Speech re #48 Amended Complaint by Robert Davis (Paterson, Andrew)
August 12, 2020 Filing 48 AMENDED COMPLAINT with Jury Demand Per Judge Leitman's August 11, 2020 Order filed by Shane Anders, Robert Davis against All Defendants. NEW PARTIES ADDED. (Paterson, Andrew)
August 11, 2020 Opinion or Order Filing 47 STIPULATED ORDER Allowing the Filing of Second Amended Complaint. Signed by District Judge Matthew F. Leitman. (HMon)
August 11, 2020 Opinion or Order TEXT-ONLY ORDER Granting #46 Emergency MOTION for Leave to File Sur-Reply or Supplemental Brief Not to Exceed 4 Pages filed by Shane Anders. Signed by District Judge Matthew F. Leitman. (HMon)
August 11, 2020 Minute Entry for proceedings before District Judge Matthew F. Leitman: Video Motion Hearing held on 8/11/2020 re #5 Emergency MOTION for Temporary Restraining Order or the Alternative, Motion for Preliminary Injunction filed by Shane Anders. Disposition: Motion Taken Under Advisement. (Court Reporter: Peg Goodrich) (HMon)
August 11, 2020 Filing 46 Emergency MOTION for Leave to File Sur-Reply or Supplemental Brief Not to Exceed 4 Pages by Shane Anders. (Paterson, Andrew)
August 10, 2020 Filing 45 REPLY to Response re #5 Emergency MOTION for Temporary Restraining Order or the Alternative, Motion for Preliminary Injunction filed by Shane Anders. (Paterson, Andrew)
August 10, 2020 Opinion or Order TEXT-ONLY ORDER Granting #44 Ex Parte MOTION for Leave to File Excess Pages Plaintiff Anders' Ex Parte Motion to File Reply Brief in Excess of 7-page Limit filed by Shane Anders. Signed by District Judge Matthew F. Leitman. (HMon)
August 8, 2020 Filing 44 Ex Parte MOTION for Leave to File Excess Pages Plaintiff Anders' Ex Parte Motion to File Reply Brief in Excess of 7-page Limit by Shane Anders. (Attachments: #1 Exhibit Plaintiff Anders' 11-page Reply Brief) (Paterson, Andrew)
August 7, 2020 Filing 43 NOTICE of Voluntary Dismissal by Leigh Reed-Pratt as to Janice Winfrey (Paterson, Andrew)
August 7, 2020 Filing 42 NOTICE of Voluntary Dismissal by Leigh Reed-Pratt as to City of Detroit Department of Elections and Detroit Election Commission (Paterson, Andrew)
August 7, 2020 Filing 41 NOTICE of Voluntary Dismissal by Robert Davis as to Robert Davis (Paterson, Andrew)
August 7, 2020 Filing 40 NOTICE of Voluntary Dismissal by Venias Jordan, Jr. as to Venias Jordan, Jr. (Paterson, Andrew)
August 7, 2020 Filing 39 NOTICE of Voluntary Dismissal by Leigh Reed-Pratt as to Leigh Reed-Pratt and Wayne County Board of Canvassers (Paterson, Andrew)
August 7, 2020 Opinion or Order Filing 38 ORDER Directing Plaintiffs to Justify the Joinder of Parties and Claims in Amended Complaint. Signed by District Judge Matthew F. Leitman. (HMon)
August 7, 2020 Filing 37 AFFIDAVIT of Shane Anders re #5 Emergency MOTION for Temporary Restraining Order or the Alternative, Motion for Preliminary Injunction, #34 Amended Complaint Amended Affidavit of Plaintiff Shane Anders in support of Emergency Motion for TRO/Preliminary Injunction and Amended Complaint by Shane Anders (Paterson, Andrew)
August 7, 2020 Opinion or Order Filing 36 ORDER (1) Terminating Plaintiff's #11 MOTION for Summary Judgment as Moot; (2) Vacating #12 Order to Show Cause; and (3) Directing Plaintiffs to Show Cause Why Court Should Not Exercise Its Discretion to Decline Supplemental Jurisdiction Over State Law Claims in Amended Complaint. (Show Cause Response due by 8/14/2020.) Signed by District Judge Matthew F. Leitman. (HMon)
August 7, 2020 Filing 35 SUMMONS Issued for *City of Detroit Department of Elections, Detroit Election Commission, Janice Winfrey* (DWor)
August 6, 2020 REQUEST for SUMMONS for Detroit Election Commission. (Paterson, Andrew)
August 6, 2020 REQUEST for SUMMONS for City of Detroit Department of Elections. (Paterson, Andrew)
August 6, 2020 REQUEST for SUMMONS for Janice Winfrey. (Paterson, Andrew)
August 6, 2020 Filing 34 AMENDED COMPLAINT with Jury Demand filed by All Plaintiffs against All Defendants. NEW PARTIES ADDED. (Paterson, Andrew)
August 5, 2020 Filing 33 RESPONSE to #5 Emergency MOTION for Temporary Restraining Order or the Alternative, Motion for Preliminary Injunction With Respect to Count I of the Complaint filed by Jocelyn Benson. (Grill, Erik)
August 4, 2020 Filing 32 RESPONSE to #5 Emergency MOTION for Temporary Restraining Order or the Alternative, Motion for Preliminary Injunction CATHY GARRETTS RESPONSE TO MOTION FOR TEMPORARY RESTRAINING ORDER OR MOTION FOR PRELIMINARY INJUNCTION (ECF 5) filed by Cathy M. Garrett. (Anderson-Davis, Janet)
August 1, 2020 Filing 31 RESPONSE TO ORDER TO SHOW CAUSE by Shane Anders. (Paterson, Andrew)
July 31, 2020 Filing 30 TRANSCRIPT of VIDEO STATUS CONFERENCE held on July 29, 2020. (Court Reporter: Peg L. Goodrich) (Number of Pages: 21) The parties have 21 days to file with the court and Court Reporter a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 8/21/2020. Redacted Transcript Deadline set for 8/31/2020. Release of Transcript Restriction set for 10/29/2020. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Goodrich, P)
July 29, 2020 Filing 29 NOTICE of Appearance by Cynthia J. Sherburn on behalf of Timothy Kenny. (Sherburn, Cynthia)
July 29, 2020 Filing 28 NOTICE OF HEARING BY VIDEO CONFERENCE on #5 Emergency MOTION for Temporary Restraining Order or the Alternative, Motion for Preliminary Injunction. Motion Hearing set for 8/11/2020 at 9:30 AM before District Judge Matthew F. Leitman. |Zoom Webinar Information: https://zoom.us/j/98711220006?pwd=S3BDYjV6Sk5nMTBubnY3VHoxRTRKZz09 Passcode: 077755 Or iPhone one-tap : US: +16027530140,,98711220006#,,,,,,0#,,077755# or +12133388477,,98711220006#,,,,,,0#,,077755#| (HMon)
July 29, 2020 Opinion or Order Filing 27 ORDER on Status Conference. Signed by District Judge Matthew F. Leitman. (HMon)
July 29, 2020 Minute Entry for proceedings before District Judge Matthew F. Leitman: Video Status Conference held on 7/29/2020. Order to Follow. (Court Reporter: Peg Goodrich) (HMon)
July 29, 2020 Filing 26 Summons Returned Unexecuted as to Kym L. Worthy Process Server was unable to personally serve Defendant Worthy. Thus, pursuant to Court's July 27, 2020 Order, Attorney Paterson executed service by serving Defendant Worthy's counsel via email. (Paterson, Andrew)
July 29, 2020 Filing 25 NOTICE of Appearance by Angela L. Baldwin on behalf of Kym L. Worthy. (Baldwin, Angela)
July 29, 2020 Filing 24 NOTICE of Appearance by Melvin B. Hollowell on behalf of Kym L. Worthy. (Hollowell, Melvin)
July 29, 2020 Filing 23 NOTICE of Appearance by Janet Anderson-Davis on behalf of Gil Flowers, Cathy M. Garrett, Jennifer Redmond, Wayne County Board of Canvassers, Wayne County Election Commission. (Anderson-Davis, Janet)
July 28, 2020 Filing 22 CERTIFICATE of Service/Summons Returned Executed. Jocelyn Benson served on 7/28/2020, answer due 8/18/2020. (Paterson, Andrew)
July 28, 2020 Filing 21 CERTIFICATE of Service/Summons Returned Executed. Gil Flowers served on 7/28/2020, answer due 8/18/2020. (Paterson, Andrew)
July 28, 2020 Filing 20 CERTIFICATE of Service/Summons Returned Executed. Jennifer Redmond served on 7/28/2020, answer due 8/18/2020. (Paterson, Andrew)
July 28, 2020 Filing 19 CERTIFICATE of Service/Summons Returned Executed. Cathy M. Garrett served on 7/28/2020, answer due 8/18/2020. (Paterson, Andrew)
July 28, 2020 Filing 18 CERTIFICATE of Service/Summons Returned Executed. Wayne County Board of Canvassers served on 7/28/2020, answer due 8/18/2020. (Paterson, Andrew)
July 28, 2020 Filing 17 CERTIFICATE of Service/Summons Returned Executed. Wayne County Election Commission served on 7/28/2020, answer due 8/18/2020. (Paterson, Andrew)
July 28, 2020 Filing 16 CERTIFICATE of Service/Summons Returned Executed. Kym L. Worthy served on 7/28/2020, answer due 8/18/2020. (Paterson, Andrew)
July 28, 2020 Filing 15 CERTIFICATE of Service/Summons Returned Executed. Timothy Kenny served on 7/28/2020, answer due 8/18/2020. (Paterson, Andrew)
July 28, 2020 Filing 14 ATTORNEY APPEARANCE: Heather S. Meingast appearing on behalf of Jocelyn Benson (Meingast, Heather)
July 28, 2020 Filing 13 ATTORNEY APPEARANCE: Erik A. Grill appearing on behalf of Jocelyn Benson (Grill, Erik)
July 28, 2020 Opinion or Order Filing 12 ORDER Directing Plaintiff to Show Cause. Show Cause Response due by 7/31/2020. Signed by District Judge Matthew F. Leitman. (HMon)
July 28, 2020 Filing 11 Emergency MOTION for Summary Judgment for Counts IV and V ONLY by Shane Anders. (Attachments: #1 Exhibit Ex. A- Plaintiff's Affidavit, #2 Exhibit Ex. B- Defendant Worthy's 2016 Pre-General Election Campaign Finance Report) (Paterson, Andrew)
July 28, 2020 Opinion or Order TEXT-ONLY ORDER Granting #10 Renewed MOTION for Leave to File Excess Pages Plaintiff's Motion for Summary is only 29 pages filed by Shane Anders. Signed by District Judge Matthew F. Leitman. (HMon)
July 28, 2020 Filing 10 Renewed MOTION for Leave to File Excess Pages Plaintiff's Motion for Summary is only 29 pages by Shane Anders. (Paterson, Andrew)
July 28, 2020 Filing 9 Emergency MOTION to Expedite Briefing, Scheduling and Adjudication of Plaintiff's Soon-To-Be-Filed Motion for Summary Judgment by Shane Anders. (Paterson, Andrew)
July 28, 2020 Opinion or Order TEXT-ONLY ORDER DENYING #8 Ex Parte MOTION for Leave to File Excess Pages for Plaintiff's Brief In Support for Motion for Summary Judgment for Counts IV and V only filed by Shane Anders. Signed by District Judge Matthew F. Leitman. (HMon)
July 28, 2020 Filing 8 Ex Parte MOTION for Leave to File Excess Pages for Plaintiff's Brief In Support for Motion for Summary Judgment for Counts IV and V only by Shane Anders. (Paterson, Andrew)
July 27, 2020 Filing 7 NOTICE TO APPEAR BY VIDEO CONFERENCE: Status Conference set for 7/29/2020 at 2:00 PM before District Judge Matthew F. Leitman. (HMon)
July 27, 2020 Opinion or Order Filing 6 ORDER (1) Directing Plaintiff to Serve Complaint and Motion for Temporary Restraining Order and (2) Setting Zoom Status Conference. Signed by District Judge Matthew F. Leitman. (HMon)
July 27, 2020 Filing 5 Emergency MOTION for Temporary Restraining Order or the Alternative, Motion for Preliminary Injunction by Shane Anders. (Attachments: #1 Exhibit Ex. A- Plaintiff Anders' Affidavit) (Paterson, Andrew)
July 27, 2020 Opinion or Order Filing 4 ORDER of RECUSAL and REASSIGNING CASE from District Judge Sean F. Cox in Detroit to District Judge Matthew F. Leitman in Flint. (NAhm)
July 27, 2020 Filing 3 SUMMONS Issued for * All Defendants * (DWor)
July 26, 2020 Filing 2 INDEX of Exhibits re #1 Complaint, by Shane Anders (Attachments: #1 Exhibit Ex. A- Defendant Kym Worthy's Affidavit of Identity, #2 Exhibit Ex. B- Plaintiff Anders' Declaration of Intent to be Write-in candidate, #3 Exhibit Ex. C- Victoria Burton Harris' Legal Challenge, #4 Exhibit Ex. D- Defendant Wayne County Clerk's June 5, 2020 Determination to Certify Worthy's name, #5 Exhibit Ex. E- Wayne County Circuit Court's Local Administrative Order, #6 Exhibit Ex. F- Defendant Chief Judge Kenny's June 15, 2020 Order Dismissing Victoria Burton-Harris state court lawsuit, #7 Exhibit Ex. G- Michigan Supreme Court July 15, 2020 Order denying Activist Robert Davis' App for Leave to Appeal, #8 Exhibit Ex. H- June 1, 2020 Email chain between Davis and Defendant Gil Flowers) (Paterson, Andrew)
July 26, 2020 Filing 1 COMPLAINT filed by Shane Anders against All Defendants. Plaintiff requests summons issued. Receipt No: AMIEDC-7948520 - Fee: $ 400. County of 1st Plaintiff: Wayne - County Where Action Arose: Wayne - County of 1st Defendant: Wayne. [Previously dismissed case: No] [Possible companion case(s): None] (Paterson, Andrew)

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Search for this case: Anders v. Benson et al
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Defendant: Jennifer Redmond
Represented By: Janet Anderson-Davis
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Defendant: Cathy M. Garrett
Represented By: Janet Anderson-Davis
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Defendant: Wayne County Board of Canvassers
Represented By: Janet Anderson-Davis
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Defendant: Jocelyn Benson
Represented By: Erik A. Grill
Represented By: Heather S. Meingast
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Defendant: Kym L. Worthy
Represented By: Melvin B. Hollowell
Represented By: Angela L. Baldwin
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Defendant: Wayne County Election Commission
Represented By: Janet Anderson-Davis
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Defendant: Gil Flowers
Represented By: Janet Anderson-Davis
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Defendant: Timothy Kenny
Represented By: Cynthia J. Sherburn
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Defendant: Janice Winfrey
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Defendant: Detroit Election Commission
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Defendant: City of Detroit Department of Elections
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Plaintiff: Shane Anders
Represented By: Andrew A. Paterson, Jr.
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Plaintiff: Leigh Reed-Pratt
Represented By: Andrew A. Paterson, Jr.
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Plaintiff: Venias Jordan, Jr.
Represented By: Andrew A. Paterson, Jr.
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Plaintiff: Robert Davis
Represented By: Andrew A. Paterson, Jr.
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