Neary v. Pon, et al.
| Brian J. Neary |
| Margaret Weichert, Donald J. Trump and Jeff T.H. Pon |
| 2:2019cv00916 |
| February 15, 2019 |
| US District Court for the Eastern District of New York |
| Joseph F Bianco |
| Margo K Brodie |
| Peggy Kuo |
| Steven I Locke |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e Job Discrimination (Employment) |
| None |
Docket Report
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This docket was last retrieved on March 29, 2019. A more recent docket listing may be available from PACER.
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ORDER granting #38 Motion for Extension of Time to Answer. The deadline for All Defendants to answer or otherwise respond to the complaint is extended to April 30, 2019. Ordered by Magistrate Judge Peggy Kuo on 3/29/2019. Copy of Order mailed to pro se plaintiff Brian J. Neary. (Riquelme, Claudia)
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| Filing 39 NOTICE of Appearance by James H. Knapp on behalf of Donald J. Trump, Margaret Weichert (aty to be noticed) (Knapp, James) |
| Filing 38 Letter to the Honorable Margo K. Brodie, United States District Judge, Eastern District of New York respectfully requesting until April 30, 2019 to respond to the pro se Plaintiff's complaint by Donald J. Trump, Margaret Weichert (Knapp, James) Modified on 3/29/2019 to reflect that this is a motion for extension of time to file Answer (Riquelme, Claudia). |
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ORDER denying #37 Motion for leave to allow Pro Se to Electronically File Documents. Plaintiff must mail any documents that he wants to file on the docket to the Clerk's office for docketing. Ordered by Magistrate Judge Peggy Kuo on 3/12/2019. (Besingi, Pembe)
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| Filing 37 MOTION for leave to allow Pro Se to Electronically File Documents; filed by pro se Brian J. Neary, dated 3/6/2019. (Latka-Mucha, Wieslawa) |
| Filing 36 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. (Florio, Lisa) |
| Case randomly reassigned to Judge Margo K. Brodie and Magistrate Judge Peggy Kuo. Judge Joseph F. Bianco, Magistrate Judge Steven I. Locke no longer assigned to the case. 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. (Copy of docket mail to pro se plaintiff) (Florio, Lisa) |
| Filing 35 Letter dtd 2/21/19 from pro se office to pro se RE: THIS LETTER ACKNOWLEDGES RECEIPT OF YOUR CIVIL ACTION (Bollbach, Jean) |
| Incorrect Case/Document/Entry Information. Document #8 has been removed from the docket. Doc #8 was an internal Court Memo from the Southern District of New York which was incorrectly docketed and has been removed at the direction of EDNY Hon. Judge Bianco (Bollbach, Jean) |
| Filing 34 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. (Cubano, Jazmin) |
| Filing 33 Case transferred in from District of New York Southern; Case Number 1:18-cv-08351. Original file certified copy of transfer order and docket sheet received. |
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Filing 32
ORDER granting #31 Letter Motion for Extension of Time to Answer. Defendants' deadline to answer or otherwise respond to the Complaint is extended to March 28, 2019. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) Transmission to Pro Se Assistants for processing. [Transferred from New York Southern on 2/15/2019.]
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| Mailed a copy of #30 Order, to Brian J. Neary 2673 Fisher Lane Bellmore, NY 11710. (vba) [Transferred from New York Southern on 2/15/2019.] |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of New York (mro) [Transferred from New York Southern on 2/15/2019.] |
| Filing 31 LETTER MOTION for Extension of Time for Defendants to respond to the complaint addressed to Judge Jesse M. Furman from Samuel Dolinger dated 2/8/2019. Document filed by Donald J. Trump, Margaret Weichert. (Attachments: #1 Certificate of Service)(Dolinger, Samuel) [Transferred from New York Southern on 2/15/2019.] |
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Filing 30
ORDER: In light of Plaintiff's letter, see Docket No. 29, the Clerk of Court is directed to transfer this case to the Eastern District of New York pursuant to 28 U.S.C. 1404(a), 1406(a). The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). The Clerk of Court is directed to mail a copy of this order to Plaintiff and to close the case in this Court. (Signed by Judge Jesse M. Furman on 2/8/2019) (mro) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 2/15/2019.]
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| Filing 29 PLAINTIFF'S RESPONSE TO ORDER FOR CHANGE OF VENUE re: #28 Order. Document filed by Brian J. Neary. (sc) [Transferred from New York Southern on 2/15/2019.] |
| Mailed a copy of #28 Order, to Brian J. Neary 2673 Fisher Lane Bellmore, NY 11710. (vba) [Transferred from New York Southern on 2/15/2019.] |
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Filing 28
ORDER: By contrast, venue would appear to be proper in either the Eastern District of New York, where "the plaintiff resides," or the District of Columbia, where "a substantial part of the events or omissions giving rise to the claim occurred." 28 U.S.C. 1391(e)(1). Mindful that a plaintiff's choice of venue is entitled to some weight, the Court will give Plaintiff until February 20, 2019, to indicate which of those two venues he would prefer. The Clerk of Court is directed to mail a copy of this order to Plaintiff. SO ORDERED. (Signed by Judge Jesse M. Furman on 2/6/2019) (ne) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 2/15/2019.]
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| Filing 27 LETTER addressed to Judge Jesse M. Furman from Samuel Dolinger dated 2/5/2019 re: Response to Plaintiff's submission regarding venue. Document filed by Donald J. Trump, Margaret Weichert. (Attachments: #1 Certificate of Service)(Dolinger, Samuel) [Transferred from New York Southern on 2/15/2019.] |
| Filing 26 PLAINTIFF'S RESPONSE TO REQUEST FOR SHOWING CAUSE FOR VENUE; re: #20 Letter. Document filed by Brian J. Neary. (sc) [Transferred from New York Southern on 2/15/2019.] |
| Mailed a copy of #23 Order on Motion for Miscellaneous Relief, to Brian J. Neary 2673 Fisher Lane Bellmore, NY 11710. (vba) [Transferred from New York Southern on 2/15/2019.] |
| Filing 25 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint served. Service was accepted by Shixi Zheng - Clerk. Document filed by Brian J. Neary. (vba) [Transferred from New York Southern on 2/15/2019.] |
| Filing 24 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint served. Service was accepted by Shixi Zheng - Clerk. Document filed by Brian J. Neary. (vba) [Transferred from New York Southern on 2/15/2019.] |
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Filing 23
ORDER denying as moot #22 Motion. Accordingly, Plaintiff's motion to rescind the stay is DENIED as moot. To be clear, Plaintiff is hereby ORDERED to refrain from submitting "evidence" and "sending [his] Discovery demands to the Defendant's counsel" unless and until the Court orders him to do so. The Clerk of Court is directed to terminate Docket No. 22 and mail a copy of this order to Plaintiff. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/30/2019) (ne) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 2/15/2019.]
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| Mailed a copy of #21 Order to Show Cause, Set Deadlines, to Brian J. Neary 2673 Fisher Lane Bellmore, NY 11710. (vba) [Transferred from New York Southern on 2/15/2019.] |
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Filing 21
ORDER: ORDER: Accordingly, the deadline for Defendants to answer or otherwise respond to the Complaint is now February 26, 2019. Finally, in light of Defendants January 28, 2019 letter, see Docket No. 20, Plaintiff is ORDERED to submit a letter, no later than February 19, 2019, showing cause why venue is proper in this district. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to mail a copy of this Order to Plaintiff. SO ORDERED. Donald J. Trump answer due 2/26/2019; Margaret Weichert answer due 2/26/2019. (Signed by Judge Jesse M. Furman on 1/29/2019) (ne) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 2/15/2019.]
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| Filing 22 MOTION TO RESCIND THE STAY. Document filed by Brian J. Neary.(sc) [Transferred from New York Southern on 2/15/2019.] |
| *** Set/Clear Flags *** Removed flag(s):STAYED. (jca) [Transferred from New York Southern on 2/15/2019.] |
| Filing 20 LETTER addressed to Judge Jesse M. Furman from Samuel Dolinger dated 1/28/2019 re: lifting of stay due to restoration of appropriations; request for stay of discovery; request for order to show cause regarding venue. Document filed by Donald J. Trump, Margaret Weichert. (Attachments: #1 Certificate of Service)(Dolinger, Samuel) [Transferred from New York Southern on 2/15/2019.] |
| Filing 19 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint served. Jeff T.H. Pon served on 11/23/2018, answer due 1/22/2019. Service was accepted by Shixi Zheng - Clerk. Document filed by Brian J. Neary. (vba) [Transferred from New York Southern on 2/15/2019.] |
| Filing 18 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint served. Donald J. Trump served on 11/23/2018, answer due 1/22/2019. Service was accepted by Shixi Zheng - Clerk. Document filed by Brian J. Neary. (vba) [Transferred from New York Southern on 2/15/2019.] |
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Filing 16
ORDER granting #15 Letter Motion to Stay. Application GRANTED. The Chief Judge's Standing Order is hereby adopted for purposes of this case. Further, the Clerk of Court is directed to update the docket to reflect the substitution of Margaret Weichert for Jeff T.H. Pon pursuant to Rule 25(d) of the Federal Rules of Civil Procedure. The Clerk of Court is directed to terminate Docket No. 15. Margaret Weichert added. Party Jeff T.H. Pon (U.S. Office of Personnel Management) terminated. (Signed by Judge Jesse M. Furman on 12/31/2018) (mro) [Transferred from New York Southern on 2/15/2019.]
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| *** Party Margaret Weichert added. Party Jeff T.H. Pon (U.S. Office of Personnel Management) terminated. (mro) [Transferred from New York Southern on 2/15/2019.] |
| Filing 15 LETTER MOTION to Stay the case and toll deadlines during lapse in appropriations addressed to Judge Jesse M. Furman from Samuel Dolinger dated 12/28/2018. Document filed by Jeff T.H. Pon, Donald J. Trump. (Attachments: #1 Exhibit A - Standing Order, #2 Certificate of Service)(Dolinger, Samuel) [Transferred from New York Southern on 2/15/2019.] |
| Filing 14 NOTICE OF APPEARANCE by Samuel Hilliard Dolinger on behalf of Jeff T.H. Pon, Donald J. Trump. (Dolinger, Samuel) [Transferred from New York Southern on 2/15/2019.] |
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Filing 17
STANDING ORDER M10-468: The United States Attorney's Office shall notify the Court immediately upon the restoration of Department of Justice funding. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 12/27/2018) (jca)[Transferred from New York Southern on 2/15/2019.]
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| Mailed a copy of #13 Order, to Brian J. Neary 2673 Fisher Lane Bellmore, NY 11710. (vba) [Transferred from New York Southern on 2/15/2019.] |
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Filing 13
ORDER: Discovery may not begin until the Defendants in this action are served and appear. If and when Defendants answer or file a motion to dismiss, the Court may order Plaintiff to produce or re-submit certain documents related to his claims. Until that time, such filings are premature, and Plaintiff should refrain from submitting them to the Court. To be clear, the Court will disregard the November 20 and 26 submissions from Plaintiff and any premature evidentiary submissions in the future. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). The Clerk of Court is directed to mail a copy of this order to Plaintiff. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/30/2018) (ne) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 2/15/2019.]
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| Filing 12 LETTER from B. Neary, dated 11/26/18 re: Plaintiff submits this letter to the Court with attached excerpt from the Report issued by EEOC Acting Chair Victoria Lipnic in June 2018, the publication as a systematic assessment of th ADEA during the past 50 years of existence; a written testimony submitted to the EEOC by Laurie McCann, AARP Senior Counsel at the annual agency meeting of June 2017, outlining biased practices utilized by employers etc. Document filed by Brian J. Neary.(sc) [Transferred from New York Southern on 2/15/2019.] |
| Filing 11 LETTER from Brian Neary, dated 11/15/18 re: Plaintiff submits this letter to the Court with attached evidentiary document(as indicated) supporting his charge of age-discrimination; and that he is providing an existing record of his forty-three active applications for Federal positions advertised on the USAJOBS website. Document filed by Brian J. Neary.(sc) [Transferred from New York Southern on 2/15/2019.] |
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Filing 10
FRCP 4 SERVICE PACKAGE MAILED to Brian J. Neary, at 2673 fisher Avenue Bellmore, NY 11710, on 11/13/2018 Re: #9 Order of Service, via REGULAR MAIL. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse (only in non prisoner cases), a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge, a form for you to complete if you consent to receive filings electronically (only in nonprisoner cases). (sbr) (Main Document 10 replaced on 11/13/2018) (sbr). [Transferred from New York Southern on 2/15/2019.]
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| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 11/13/2018 Re: Judge Jesse M. Furman #9 Order of Service. The following document(s) were enclosed in the Service Package: Summons, IFP, Order of Service, Completed U.S.M. form(s) for defendant(s)Donald J. Trump; Jeff T.H. Pon. (sbr) [Transferred from New York Southern on 2/15/2019.] |
| SUMMONS ISSUED as to Jeff T.H. Pon, Donald J. Trump. (sbr) [Transferred from New York Southern on 2/15/2019.] |
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Filing 9
ORDER OF SERVICE: The Clerk of Court is directed to mail a copy of this order to Plaintiff, together with an information package. The Court consolidates Plaintiff's original and amended complaints (ECF Nos. 2 and 6) and will treat them together as the operative complaint. The Clerk of Court is further instructed to (1) complete the USM-285 forms with the addresses for Jeff T.H. Pon, Director of the U.S. Office of Personnel Management (OPM), and Donald J. Trump, President of the United States; (2) mark the box on the USM-285 form labeled "Check for service on U.S.A."; and (3) deliver all documents necessary, including Plaintiff's original and amended complaints (ECF Nos. 2 and 6), to effect service to the U.S. Marshals Service. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. (Signed by Judge Jesse M. Furman on 11/8/2018) (ne) [Transferred from New York Southern on 2/15/2019.]
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| Set/Reset Pro Se Case Tracking Deadlines: Send FRCP 4 Service Package by 11/23/2018. (ne) [Transferred from New York Southern on 2/15/2019.] |
| Transmission to Docket Assistant Clerk. Transmitted re: #9 Order of Service to the Docket Assistant Clerk for case processing. (ne) [Transferred from New York Southern on 2/15/2019.] |
| Pro Se Staff Attorney Assignment Completed. (ees) [Transferred from New York Southern on 2/15/2019.] |
| Filing 8 Screening Memo to Judge Recommending: Order of Service. Proposed Order deadline set for 11/19/2018. (Attachments: #1 proposed order of service) (ees) [Transferred from New York Southern on 2/15/2019.] |
| Magistrate Judge Debra C. Freeman is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (ma) [Transferred from New York Southern on 2/15/2019.] |
| NOTICE OF CASE REASSIGNMENT to Judge Jesse M. Furman. Judge Unassigned is no longer assigned to the case. (ma) [Transferred from New York Southern on 2/15/2019.] |
| Mailed a copy of #7 Order Granting IFP Application to Brian J. Neary 2673 Fisher Lane Bellmore, NY 11710. (vba) [Transferred from New York Southern on 2/15/2019.] |
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Filing 7
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. (Signed by Judge Colleen McMahon on 11/5/2018) (sac) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 2/15/2019.]
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| Filing 6 AMENDED COMPLAINT amending #2 Complaint against Jeff T.H. Pon, Donald J. Trump.Document filed by Brian J. Neary. Related document: #2 Complaint.(kv) [Transferred from New York Southern on 2/15/2019.] |
| Filing 5 LETTER from Brian Neery, dated 9/17/18 re: Plaintiff informs the Court that it has been brought to his attention that the sitting U.S. President needs to be included as a defendant on the Complaint despite Executive Order #13562 being a "Legacy" decree from the Obama Administration; that, cleary President Trump did not initially sign it, but the Office of the President has inherited the mandate of the E.O. and remains responsible for its authorization etc. Document filed by Brian J. Neary.(sc) [Transferred from New York Southern on 2/15/2019.] |
| *** Party Donald J. Trump added. (kv) [Transferred from New York Southern on 2/15/2019.] |
| Filing 4 LETTER from Brian Neary dated 9/15/2018 re: Plaintiff provides the Court with Form USM#285 to serve the Defendant according to FRCP 4. Document filed by Brian J. Neary.(kv) [Transferred from New York Southern on 2/15/2019.] |
| Pro Se Staff Attorney E. Souffrant [Telephone Extension 0693] assigned case. Pro Se Staff Attorney Flag PSA-Souffrant set. Pro Se Staff Attorney Action (Screening Memo to Judge/Sua Sponte Order to Dismiss, Amend or Transfer, or Order to Answer) due by 10/15/2018. (sac) [Transferred from New York Southern on 2/15/2019.] |
| Filing 3 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Brian J. Neary consents to receive electronic service via the ECF system. Document filed by Brian J. Neary.(sac) [Transferred from New York Southern on 2/15/2019.] |
| Filing 2 COMPLAINT against Jeff T.H. Pon. Document filed by Brian J. Neary. (sac) [Transferred from New York Southern on 2/15/2019.] |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Brian J. Neary.(sac) [Transferred from New York Southern on 2/15/2019.] |
| Case Designated ECF. (sac) [Transferred from New York Southern on 2/15/2019.] |
| *** Set/Clear Flags *** Added flag(s):PRO SE. (sac) [Transferred from New York Southern on 2/15/2019.] |
| *** Set/Clear Flags *** Added flag(s):PRO SE REVIEW. (sac) [Transferred from New York Southern on 2/15/2019.] |
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