Harley et al v. Kosinski et al
| Jessica Roitman, Michael Maniates, Katie Von Holzen, N.H. Quaide Williams, Benjamin Cole, L'Elie Damali, Harley Mathew, Ryan Burruss, Susan Lahey, Emily McGrath and Mathew Harley |
| Robert A. Brehm, Brad Raffensperger, Kosinski Peter, Kathy Boockvar, Andrew J. Spano, Albert Benjamin Chandler, Frank LaRose, Jonathan Marks, Marge Bostelmann, Douglas Kellner, Mark L. Thomsen, Robert Spindell, Jr., Ann S. Jacobs, Dean Knudson, Julie Glancey, Ruth Hughes, Todd D. Valentine, Jessica Mathis, Michael Adams and Peter Kosinski |
| 1:2020cv04664 |
| September 30, 2020 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| Civil Rights: Voting |
| 28 U.S.C. § 1983 Civil Rights |
| None |
Docket Report
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This docket was last retrieved on October 13, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 54 NOTICE of Voluntary Dismissal by Ryan Burruss, Benjamin Cole, L'Elie Damali, Mathew Harley, Susan Lahey, Michael Maniates, Emily McGrath, Jessica Roitman, Katie Von Holzen, N.H. Quaide Williams against all Defendants (Green, Remy) |
| Filing 53 NOTICE by Brad Raffensperger re #47 Response in Opposition to Motion Supplemental Authority (Attachments: #1 Exhibit) (McGowan, Charlene) |
ORDER granting #33 #34 Motions for Leave to Appear Pro Hac Vice as counsel for Ohio Secretary of State Frank LaRose. The attorneys, Heather Buchanan and Renata Staff, shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorneys shall file a notice of appearance and ensure that they receive electronic notification of activity in this case. Also, each attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Judge Brian M. Cogan on 10/13/2020. (Weisberg, Peggy)
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| Minute Entry and Order for oral argument held on 10/13/2020 before Judge Brian M. Cogan. Counsel for all sides appeared. The Court denied #13 plaintiffs' motion for a preliminary injunction for the reasons stated on the record. See transcript for details. (Court Reporter: Charleane Heading). (Weisberg, Peggy) |
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Civil Case Terminated as per plaintiffs' Rule 41(a) notice. Ordered by Judge Brian M. Cogan on 10/13/2020. (Cogan, Brian)
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| Filing 52 NOTICE of Appearance by Charlene S McGowan on behalf of Brad Raffensperger (notification declined or already on case) (McGowan, Charlene) |
| Filing 51 Letter Supplementing Kentucky Defendants' Motion to Dismiss (DN 36) by Michael Adams, Albert Benjamin Chandler (Attachments: #1 Exhibit Declaration of Don Blevins, Jr., Fayette County Clerk) (Westberry, Robert) |
| Filing 50 NOTICE by Frank LaRose re #31 Reply in Opposition (Staff, Renata) |
| Filing 49 REPLY in Support re #13 MOTION for Preliminary Injunction , MEMORANDUM in Opposition re #36 MOTION to Dismiss filed by Ryan Burruss, Benjamin Cole, L'Elie Damali, Mathew Harley, Susan Lahey, Michael Maniates, Emily McGrath, Jessica Roitman, Katie Von Holzen, N.H. Quaide Williams. (Attachments: #1 Declaration Maniates Declaration, #2 Declaration Lahey Declaration, #3 Declaration Burch Declaration) (Green, Remy) |
| Filing 48 MEMORANDUM in Opposition re #13 MOTION for Preliminary Injunction filed by Kathy Boockvar, Jonathan Marks, Jessica Mathis. (Attachments: #1 Exhibit A, #2 Declaration Marks, #3 Declaration Macias) (Korn, Alexander) |
| Filing 47 RESPONSE in Opposition re #13 MOTION for Preliminary Injunction filed by Brad Raffensperger. (Attachments: #1 Declaration of Chris Harvey) (McGowan, Charlene) |
| Filing 46 AFFIDAVIT/DECLARATION in Opposition re #13 MOTION for Preliminary Injunction by Penny M. Venetis filed by Robert A. Brehm, Douglas Kellner, Peter Kosinski, Andrew J. Spano, Todd D. Valentine. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Goldberg, Jane) |
| Filing 45 AFFIDAVIT/DECLARATION in Opposition re #13 MOTION for Preliminary Injunction John W. Conklin filed by Robert A. Brehm, Douglas Kellner, Andrew J. Spano, Todd D. Valentine. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Goldberg, Jane) |
| Filing 44 AFFIDAVIT/DECLARATION in Opposition re #13 MOTION for Preliminary Injunction by Andrew Appel filed by Robert A. Brehm, Douglas Kellner, Peter Kosinski, Andrew J. Spano, Todd D. Valentine. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit) (Goldberg, Jane) |
| Filing 43 AFFIDAVIT/DECLARATION in Opposition re #13 MOTION for Preliminary Injunction by Barbara Simons filed by Robert A. Brehm, Douglas Kellner, Peter Kosinski, Andrew J. Spano, Todd D. Valentine. (Attachments: #1 Exhibit, #2 Exhibit) (Goldberg, Jane) |
| Filing 42 AFFIDAVIT/DECLARATION in Opposition re #13 MOTION for Preliminary Injunction by Susan Greenhalgh filed by Robert A. Brehm, Douglas Kellner, Peter Kosinski, Andrew J. Spano, Todd D. Valentine. (Goldberg, Jane) |
| Filing 41 AFFIDAVIT/DECLARATION in Opposition re #13 MOTION for Preliminary Injunction by Susan Dzieduszycka-Suinat filed by Robert A. Brehm, Douglas Kellner, Peter Kosinski, Andrew J. Spano, Todd D. Valentine. (Goldberg, Jane) |
| Filing 40 AFFIDAVIT/DECLARATION in Opposition re #13 MOTION for Preliminary Injunction by David Jefferson filed by Robert A. Brehm, Douglas Kellner, Peter Kosinski, Andrew J. Spano, Todd D. Valentine. (Goldberg, Jane) |
| Filing 39 AFFIDAVIT/DECLARATION in Opposition re #13 MOTION for Preliminary Injunction by Douglas A. Kellner filed by Robert A. Brehm, Douglas Kellner, Peter Kosinski, Andrew J. Spano, Todd D. Valentine. (Goldberg, Jane) |
| Filing 38 MEMORANDUM in Opposition re #13 MOTION for Preliminary Injunction filed by Robert A. Brehm, Douglas Kellner, Peter Kosinski, Andrew J. Spano, Todd D. Valentine. (Goldberg, Jane) |
| Filing 37 MEMORANDUM in Opposition re #13 MOTION for Preliminary Injunction filed by Marge Bostelmann, Julie Glancey, Ann S. Jacobs, Dean Knudson, Robert Spindell, Jr, Mark L. Thomsen. (Attachments: #1 Declaration of Meagan Wolfe and Ex. A) (Johnson-Karp, Gabe) |
| Filing 36 MOTION to Dismiss by Michael Adams, Albert Benjamin Chandler. (Attachments: #1 Memorandum in Support, #2 Exhibit Declaration of Jared Dearing) (Westberry, Robert) |
| Filing 35 NOTICE of Appearance by Gabe Johnson-Karp on behalf of Marge Bostelmann, Julie Glancey, Ann S. Jacobs, Dean Knudson, Robert Spindell, Jr, Mark L. Thomsen (notification declined or already on case) (Johnson-Karp, Gabe) |
| Filing 34 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-13500993. by Frank LaRose. (Staff, Renata) |
| Filing 33 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-13500949. by Frank LaRose. (Buchanan, Heather) |
| Filing 32 RESPONSE in Opposition re #13 MOTION for Preliminary Injunction Defendant Ruth Hughs Brief in Opposition to Plaintiffs Request for Injunctive Relief filed by Ruth Hughes. (Robinson, Tanya) |
| Filing 31 REPLY in Opposition re #13 MOTION for Preliminary Injunction filed by Frank LaRose. (Attachments: #1 Declaration Declaration of Matthew Tlachac and Exhs.) (Buchanan, Heather) |
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ORDER granting #29 Charlene McGowan's Motion for Leave to Appear Pro Hac Vice as counsel for the Georgia Secretary of State Brad Raffensperger. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Judge Brian M. Cogan on 10/9/2020. (Weisberg, Peggy)
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ORDER granting #30 Gabe Johnson-Karp's Motion for Leave to Appear Pro Hac Vice as counsel for Wisconsin Defendants. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Judge Brian M. Cogan on 10/9/2020. (Weisberg, Peggy)
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| Filing 30 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-13492415. by Marge Bostelmann, Julie Glancey, Ann S. Jacobs, Dean Knudson, Robert Spindell, Jr, Mark L. Thomsen. (Attachments: #1 Affidavit) (Johnson-Karp, Gabe) |
| Filing 29 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-13492090. by Brad Raffensperger. (McGowan, Charlene) |
| Filing 28 NOTICE of Appearance by Taylor Austin Brown on behalf of Albert Benjamin Chandler (aty to be noticed) (Brown, Taylor) |
| Filing 27 Letter re Notice of Appearance of Counsel by Brad Raffensperger (McGowan, Charlene) |
| Filing 26 NOTICE of Appearance by Jane R. Goldberg on behalf of Robert A. Brehm, Douglas Kellner, Peter Kosinski, Andrew J. Spano, Todd D. Valentine (aty to be noticed) (Goldberg, Jane) |
| Filing 25 NOTICE of Appearance by Tanya Melamed Robinson on behalf of Ruth Hughes (aty to be noticed) (Robinson, Tanya) |
| Filing 24 NOTICE of Appearance by Bridget M. Bush on behalf of Michael Adams (notification declined or already on case) (Bush, Bridget) |
| Filing 23 NOTICE of Appearance by Robert Kent Westberry on behalf of Michael Adams (notification declined or already on case) (Westberry, Robert) |
| Filing 22 NOTICE of Appearance by Renata Y. Staff on behalf of Frank LaRose (notification declined or already on case) (Staff, Renata) |
| Filing 21 NOTICE of Appearance by Heather L. Buchanan on behalf of Frank LaRose (notification declined or already on case) (Buchanan, Heather) |
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ORDER granting #15 Robert Westberry's Motion for Leave to Appear Pro Hac Vice as counsel for defendant Michael Adams. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Judge Brian M. Cogan on 10/7/2020. (Weisberg, Peggy)
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| Minute Entry and Order for Conference held on 10/7/2020 before Judge Brian M. Cogan. Counsel for all parties appeared by telephone. The Court will adhere to its accelerated briefing schedule: defendants will oppose plaintiffs' motion for a preliminary injunction by 10/9/2020; plaintiffs to reply before oral argument; oral argument to be held by telephone on 10/13/2020 at 12:30 P.M. The attorneys of record will be provided with a video link shortly before the conference. Public access is available by calling the toll-free number 888-684-8852 and access code 6427877#. See transcript for details. (Court reporter: Rivka Teich.) (Weisberg, Peggy) |
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ORDER re: #16 . Bridget M. Bush's Motion for Leave to Appear Pro Hac Vice is granted on condition that she files a supplemental affidavit accompanied with a certificate of good standing from the state in which she is a member of the bar. The certificate must be issued within thirty (30) days of the application. Ordered by Judge Brian M. Cogan on 10/7/2020. (Weisberg, Peggy)
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| Filing 20 Letter dated 10/5/20 from Heather Buchanan, Senior Assistant Attorney General,Ohio Attorney General's Office on behalf of Ohio Secretary of State Frank LaRose, a named Defendant that In light of this pressing timeline, requesting to represent our client in a limited capacity before the required pro hac vice motions and documentation are submitted and granted. (Guzzi, Roseann) |
| Filing 19 Letter dated 10/6/20 from Gabe Johnson-Karp, Assistant Attorney General with the Wisconsin Department of Justice, on behalf of Wisconsin's Elections Commissioners requesting permission to attend the telephonic conference scheduled for tomorrow. (Guzzi, Roseann) |
| Filing 18 NOTICE of Appearance by Alexander Thomas Korn on behalf of Kathy Boockvar, Jonathan Marks, Jessica Mathis (aty to be noticed) (Korn, Alexander) |
| Filing 17 Letter requesting continuance of 10/7/2020 telephone hearing by Michael Adams (Westberry, Robert) |
| Filing 16 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-13477762. by Michael Adams. (Attachments: #1 Affidavit, #2 Certificates of Good Standing) (Bush, Bridget) |
| Filing 15 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-13477576. by Michael Adams. (Attachments: #1 Affidavit, #2 Certificate of Good Standing) (Westberry, Robert) |
| Filing 14 NOTICE of Appearance by Jonathan Wallace on behalf of Ryan Burruss, Benjamin Cole, L'Elie Damali, Mathew Harley, Susan Lahey, Michael Maniates, Emily McGrath, Jessica Roitman, Katie Von Holzen, N.H. Quaide Williams (aty to be noticed) (Wallace, Jonathan) |
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ORDER re: #17 . If the parties want to confer and submit an agreed upon schedule both for plaintiff's motion and any preliminary opposition based on jurisdictional, venue, or joinder issues, they may do so, but the Court is not in a position to accommodate single-party requests like this one because of the multi-defendant nature of the case and the short time period before the election. For what it's worth, the Court waives immediate submission of pro hac vice applications and the Clerk is directed to allow filings by any attorney acting on behalf of a named non-New York defendant even if that attorney has not yet submitted a pro hac vice application. Ordered by Judge Brian M. Cogan on 10/6/2020. (Weisberg, Peggy)
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| Filing 13 MOTION for Preliminary Injunction by Ryan Burruss, Benjamin Cole, L'Elie Damali, Mathew Harley, Susan Lahey, Michael Maniates, Emily McGrath, Jessica Roitman, Katie Von Holzen, N.H. Quaide Williams. (Attachments: #1 Memorandum in Support Memo of Law in Support of Motion, #2 Declaration Bryan Declaration, #3 Declaration Burch Declaration, #4 Declaration Cole Declaration, #5 Declaration Harley Declaration, #6 Declaration Maniates Declaration, #7 Declaration McGrath Declaration, #8 Declaration Roitman Declaration, #9 Declaration Von Holzen Declaration, #10 Declaration Williams Declaration) (Green, Remy) |
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SCHEDULING ORDER: Telephone Conference is scheduled for 10/7/2020 at 2:30 PM. Parties are directed to use the toll-free number 888-684-8852 and access code 6427877#. A copy of this scheduling order will be sent via email to Heather Buchanan at the Ohio Attorney General's Office. Ordered by Judge Brian M. Cogan on 10/5/2020. (Weisberg, Peggy)
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| Filing 12 Letter Showing Cause as to "why [Plaintiffs'] claims should not be broken into separate actions." by Ryan Burruss, Benjamin Cole, L'Elie Damali, Mathew Harley, Susan Lahey, Michael Maniates, Emily McGrath, Jessica Roitman, Katie Von Holzen, N.H. Quaide Williams (Green, Remy) |
| Filing 11 SUMMONS Returned Executed by Jessica Roitman, L'Elie Damali, Mathew Harley, N.H. Quaide Williams, Michael Maniates, Benjamin Cole, Katie Von Holzen, Emily McGrath, Ryan Burruss, Susan Lahey. Michael Adams served on 10/2/2020, answer due 10/23/2020; Kathy Boockvar served on 10/2/2020, answer due 10/23/2020; Marge Bostelmann served on 10/2/2020, answer due 10/23/2020; Robert A. Brehm served on 10/2/2020, answer due 10/23/2020; Albert Benjamin Chandler served on 10/2/2020, answer due 10/23/2020; Julie Glancey served on 10/2/2020, answer due 10/23/2020; Ruth Hughes served on 10/2/2020, answer due 10/23/2020; Ann S. Jacobs served on 10/2/2020, answer due 10/23/2020; Douglas Kellner served on 10/2/2020, answer due 10/23/2020; Dean Knudson served on 10/2/2020, answer due 10/23/2020; Peter Kosinski served on 10/2/2020, answer due 10/23/2020; Frank LaRose served on 10/2/2020, answer due 10/23/2020; Jonathan Marks served on 10/2/2020, answer due 10/23/2020; Jessica Mathis served on 10/2/2020, answer due 10/23/2020. (Green, Remy) |
| Filing 10 NOTICE of Appearance by Douglas A. Kellner on behalf of Douglas Kellner (aty to be noticed) (Kellner, Douglas) |
| Filing 9 Letter MOTION to Amend/Correct/Supplement seeking clarification of the Court's Order to Show Cause by Ryan Burruss, Benjamin Cole, L'Elie Damali, Mathew Harley, Susan Lahey, Michael Maniates, Emily McGrath, Jessica Roitman, Katie Von Holzen, N.H. Quaide Williams. (Green, Remy) |
| Filing 8 Letter MOTION to Expedite and for Alternative Service by Ryan Burruss, Benjamin Cole, L'Elie Damali, Mathew Harley, Susan Lahey, Michael Maniates, Emily McGrath, Jessica Roitman, Katie Von Holzen, N.H. Quaide Williams. (Green, Remy) |
| Filing 7 Summons Issued as to All Defendants. (Davis, Kimberly). |
| Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 5 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) |
| Case Assigned to Judge Brian M. Cogan. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly) |
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ORDER granting #8 in part and ORDER TO SHOW CAUSE. The Court approves alternative service of the complaint and supporting documents by electronic means and by overnight express mail. Plaintiffs must conduct both methods of service. The Court finds that such service is reasonably calculated to apprise defendants of the action and afford them an opportunity to respond. The Court adopts the following accelerated briefing schedule: plaintiffs to file motion for preliminary injunction by 10/5/2020; defendants to oppose by 10/9/2020; plaintiffs to reply before oral argument; oral argument to be held by telephone on 10/13/2020 at 12:30 P.M. Parties are directed to use the toll-free number 888-684-8852 and access code 6427877.In addition, plaintiffs are ORDERED TO SHOW CAUSE by 10/2/2020 why their claims should not be broken into separate actions. Plaintiffs have sued officials in five different states based on the officials' interpretation of and actions under five different state laws. It looks to the Court like this should be five separate actions. Ordered by Judge Brian M. Cogan on 10/1/2020. (Weisberg, Peggy)
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ORDER denying #9 . The Court will further address severance once defendants have appeared. Ordered by Judge Brian M. Cogan on 10/1/2020. (Weisberg, Peggy)
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| Your proposed summons was not issued for one of the following reasons: If multiple defendants, there must me a rider attached to the summons with the name and addresses of all defendants included. The summons submitted only have one named defendant.,Please indicate "et al" see attached rider on defendant name section. Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (Davis, Kimberly) |
| Filing 4 EXHIBIT S TO COMPLAINT by Ryan Burruss, Benjamin Cole, L'Elie Damali, Susan Lahey, Michael Maniates, Harley Mathew, Emily McGrath, Jessica Roitman, Katie Von Holzen, N.H. Quaide Williams. Related document: #1 Complaint,, filed by Jessica Roitman, Michael Maniates, Katie Von Holzen, Harley Mathew, Ryan Burruss, L'Elie Damali, Emily McGrath, Benjamin Cole, Susan Lahey, N.H. Quaide Williams. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4) (Green, Remy) |
| Filing 3 Civil Cover Sheet.. Re #1 Complaint,, by Ryan Burruss, Benjamin Cole, L'Elie Damali, Susan Lahey, Michael Maniates, Harley Mathew, Emily McGrath, Jessica Roitman, Katie Von Holzen, N.H. Quaide Williams (Green, Remy) |
| Filing 2 Proposed Summons. Re #1 Complaint,, by Ryan Burruss, Benjamin Cole, L'Elie Damali, Susan Lahey, Michael Maniates, Harley Mathew, Emily McGrath, Jessica Roitman, Katie Von Holzen, N.H. Quaide Williams (Green, Remy) |
| Filing 1 COMPLAINT against Michael Adams, Kathy Boockvar, Marge Bostelmann, Robert A. Brehm, Albert Benjamin Chandler, Julie Glancey, Ruth Hughes, Ann S. Jacobs, Douglas Kellner, Dean Knudson, Frank LaRose, Jonathan Marks, Jessica Mathis, Kosinski Peter, Brad Raffensperger, Andrew J. Spano, Robert Spindell, Jr, Mark L. Thomsen, Todd D. Valentine filing fee $ 400, receipt number ANYEDC-13449155 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Jessica Roitman, L'Elie Damali, Harley Mathew, N.H. Quaide Williams, Michael Maniates, Benjamin Cole, Katie Von Holzen, Emily McGrath, Ryan Burruss, Susan Lahey. (Green, Remy) |
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