De Gaudemar et al v. Kosinski et al
| Belinda De Gaudemar, Anthony Hoffman, Susan Schoenfeld, Nancy Pascal and Michael Corbett |
| Peter S. Kosinski, Douglas A. Kellner, Andrew J. Spano, Anthony J. Casale, Todd D. Valentine and Kristen Zebrowski-Stavisky |
| Tim Harkenrider, Guy C. Brought, Lawrence Canning, Patricia Clarino, George Dooher, Jr., Stephen Evans, Linda Fanton, Jerry Fishman, Jay Frantz, Lawrence Garvey, Alan Nephew, Frank Peretti, Susan Rowley, Josephine Thomas and Marianne Volante |
| 1:2022cv03534 |
| May 2, 2022 |
| US District Court for the Southern District of New York |
| Lewis A Kaplan |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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| Filing 39 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 5/4/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti) |
| Filing 38 TRANSCRIPT of Proceedings re: conference held on 5/4/2022 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/6/2022. Redacted Transcript Deadline set for 6/16/2022. Release of Transcript Restriction set for 8/15/2022..(Moya, Goretti) |
| Filing 37 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) Anthony J. Casale, Douglas A. Kellner, Peter S. Kosinski, Andrew J. Spano, Todd D. Valentine, Kristen Zebrowski-Stavisky. Document filed by Anthony Hoffman, Belinda De Gaudemar, Susan Schoenfeld, Nancy Pascal, Michael Corbett. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Celli, Andrew) |
| Set Hearings: Status Conference set for 5/12/2022 at 11:00 AM is cancelled. |
| Filing 36 DECLARATION of Bennet J. Moskowitz in Support re: #26 MOTION to Intervene .. Document filed by Guy C. Brought, Lawrence Canning, Patricia Clarino, George Dooher, Jr., Stephen Evans, Linda Fanton, Jerry Fishman, Jay Frantz, Lawrence Garvey, Tim Harkenrider, Alan Nephew, Frank Peretti, Susan Rowley, Josephine Thomas, Marianne Volante. (Attachments: #1 Exhibit A - Corrected, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F - Corrected).(Moskowitz, Bennet) |
Filing 35
ORDER GRANTING OF MOTION FOR ADMISSION PRO HAC VICE granting #22 Motion for Aria C. Branch to Appear Pro Hac Vice. The motion of Aria C. Branch for admission to practice Pro Hac Vice in the above-captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above-captioned action in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Lewis A. Kaplan on 5/4/22) (yv)
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Filing 34
ORDER GRANTING OF MOTION FOR ADMISSION PRO HAC VICE granting #20 Motion for Aaron M. Mukerjee to Appear Pro Hac Vice. The motion of Aaron M. Mukerjee for admission to practice Pro Hac Vice in the above captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above-captioned action in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Lewis A. Kaplan on 5/4/22) (yv)
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| Filing 33 CORRECTED ORDER of USCA (Certified Copy) USCA Case Number 22-984. DEBRA ANN LIVINGSTON, Chief Circuit Judge: Having received a request from United States District Judge Lewis A. Kaplan, to appoint a three-judge panel to hear the above-mentioned matter pursuant to 28 U.S.C. 2284(b)(1), I hereby designate United States Circuit Judge Richard J. Sullivan and United States Circuit Judge William J. Nardini to serve as members of the Court to hear and determine the action. IT IS SO ORDERED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 5/4/2022..(nd) |
| Filing 32 MANDATE of USCA (Certified Copy) USCA Case Number 22-984.. DEBRA ANN LIVINGSTON, Chief Circuit Judge: Having received a request from United States District Judge Lewis A. Kaplan, to appoint a three-judge panel to hear the above-mentioned matter pursuant to 28 U.S.C. 2284(b)(1), I hereby designate United States Circuit Judge Richard J. Sullivan and United States Circuit Judge William J. Nardini to serve as members of the Court to hear and determine the action. IT IS SO ORDERED.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 5/3/2022..(nd) |
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Filing 31
ORDER of USCA (Certified Copy) USCA Case Number 22-984.. DEBRA ANN LIVINGSTON, Chief Circuit Judge: Having received a request from United States District Judge Lewis A. Kaplan, to appoint a three-judge panel to hear the above-mentioned matter pursuant to 28 U.S.C. 2284(b)(1), I hereby designate United States Circuit Judge Richard J. Sullivan and United States Circuit Judge William J. Nardini to serve as members of the Court to hear and determine the action. IT IS SO ORDERED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 5/3/2022..(nd)
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| Filing 30 AMENDED COMPLAINT amending #1 Complaint,, against Anthony J. Casale, Douglas A. Kellner, Peter S. Kosinski, Andrew J. Spano, Todd D. Valentine, Kristen Zebrowski-Stavisky.Document filed by Anthony Hoffman, Belinda De Gaudemar, Susan Schoenfeld, Nancy Pascal, Michael Corbett. Related document: #1 Complaint,,..(Branch, Aria) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #20 MOTION for Aaron M. Mukerjee to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26095785. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea) |
| Minute Order Proceedings held before Judge Lewis A. Kaplan: denying #4 Motion for TRO; Oral Argument held on 5/4/2022 re: #4 EMERGENCY MOTION for Temporary Restraining Order and Preliminary Injunction. filed by Belinda De Gaudemar, Nancy Pascal, Michael Corbett, Susan Schoenfeld, Anthony Hoffman. (Court Reporter Pamela Utter.) (Mohan, Andrew) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #22 MOTION for Aria C. Branch to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26097060. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #18 MOTION for Christina A. Ford to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26095449. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Floriday (not State Bar);. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (aea) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #24 MOTION for Misha Tseytlin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26097320. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Illinois, Wisconsin, West Virginia, Washington DC, and New York; Notarized affidavit missing;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (aea) |
| Filing 29 LETTER addressed to Judge Lewis A. Kaplan from Brian Quail and Todd Valentine dated 5/3/2022 re: response to TRO application. Document filed by Anthony J. Casale, Douglas A. Kellner, Peter S. Kosinski, Andrew J. Spano, Todd D. Valentine, Kristen Zebrowski-Stavisky..(Quail, Brian) |
| Filing 28 MEMORANDUM OF LAW in Support re: #26 MOTION to Intervene . . Document filed by Guy C. Brought, Lawrence Canning, Patricia Clarino, George Dooher, Jr., Stephen Evans, Linda Fanton, Jerry Fishman, Jay Frantz, Lawrence Garvey, Tim Harkenrider, Alan Nephew, Frank Peretti, Susan Rowley, Josephine Thomas, Marianne Volante..(Moskowitz, Bennet) |
| Filing 27 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR -(SEE #36) DECLARATION of Bennet J. Moskowitz in Support re: #26 MOTION to Intervene .. Document filed by Guy C. Brought, Lawrence Canning, Patricia Clarino, George Dooher, Jr., Stephen Evans, Linda Fanton, Jerry Fishman, Jay Frantz, Lawrence Garvey, Tim Harkenrider, Alan Nephew, Frank Peretti, Susan Rowley, Josephine Thomas, Marianne Volante. (Attachments: #1 Exhibit A - Petition, #2 Exhibit B - Letter from Board of Elections, #3 Exhibit C - Supreme Court Order, #4 Exhibit D - Order on Remand setting dates, #5 Exhibit E - Second Amended Order, #6 Exhibit F - Combined Affirmations).(Moskowitz, Bennet) Modified on 5/5/2022 (kj). |
| Filing 26 MOTION to Intervene . Document filed by Guy C. Brought, Lawrence Canning, Patricia Clarino, George Dooher, Jr., Stephen Evans, Linda Fanton, Jerry Fishman, Jay Frantz, Lawrence Garvey, Tim Harkenrider, Alan Nephew, Frank Peretti, Susan Rowley, Josephine Thomas, Marianne Volante. (Attachments: #1 Exhibit Proposed Answer, #2 Exhibit Proposed Opposition To Motion For TRO and PI).(Moskowitz, Bennet) |
| Filing 25 DECLARATION of Misha Tseytlin in Support re: #24 MOTION for Misha Tseytlin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26097320. Motion and supporting papers to be reviewed by Clerk's Office staff.. Document filed by Guy C. Brought, Lawrence Canning, Patricia Clarino, George Dooher, Jr., Stephen Evans, Linda Fanton, Jerry Fishman, Jay Frantz, Lawrence Garvey, Tim Harkenrider, Alan Nephew, Frank Peretti, Susan Rowley, Josephine Thomas, Marianne Volante. (Attachments: #1 Exhibit Certificate of Good Standing - Illinois, #2 Exhibit Certificate of Good Standing - New York).(Tseytlin, Misha) |
| Filing 24 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Misha Tseytlin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26097320. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Guy C. Brought, Lawrence Canning, Patricia Clarino, George Dooher, Jr., Stephen Evans, Linda Fanton, Jerry Fishman, Jay Frantz, Lawrence Garvey, Tim Harkenrider, Alan Nephew, Frank Peretti, Susan Rowley, Marianne Volante. (Attachments: #1 Text of Proposed Order Proposed Order to Admit Misha Tseytlin Pro Hac Vice).(Tseytlin, Misha) Modified on 5/4/2022 (aea). |
| Filing 23 LETTER addressed to Judge Lewis A. Kaplan from Aria C. Branch dated 5/3/2022 re: De Gaudemar et al. v. Kosinski et al., No. 22-cv-03534-LAK. Document filed by Michael Corbett, Belinda De Gaudemar, Anthony Hoffman, Nancy Pascal, Susan Schoenfeld..(Branch, Aria) |
| Filing 22 MOTION for Aria C. Branch to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26097060. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Michael Corbett, Belinda De Gaudemar, Anthony Hoffman, Nancy Pascal, Susan Schoenfeld..(Branch, Aria) |
| Filing 21 LETTER addressed to Judge Lewis A. Kaplan from Christina A. Ford dated 5/3/2022 re: Court Hearing Argument Remotely. Document filed by Michael Corbett, Belinda De Gaudemar, Anthony Hoffman, Nancy Pascal, Susan Schoenfeld..(Ford, Christina) |
| Filing 20 MOTION for Aaron M. Mukerjee to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26095785. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Michael Corbett, Belinda De Gaudemar, Anthony Hoffman, Nancy Pascal, Susan Schoenfeld..(Mukerjee, Aaron) |
| Filing 19 MEMO ENDORSEMENT on re: #15 Letter, filed by Andrew J. Spano, Douglas A. Kellner, Anthony J. Casale, Peter S. Kosinski, Todd D. Valentine, Kristen Zebrowski-Stavisky. Contingent on all parties agreeing, the Court will hear all argument remotely. Any such consent must be in writing and filed by 5:30 PM today. (Signed by Judge Lewis A. Kaplan on 5/3/2022) (Mohan, Andrew) |
| Filing 18 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Christina A. Ford to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26095449. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Michael Corbett, Belinda De Gaudemar, Anthony Hoffman, Nancy Pascal, Susan Schoenfeld..(Ford, Christina) Modified on 5/4/2022 (aea). |
| Filing 17 REQUEST TO THE CHIEF JUDGE OF THE U.S. COURT OF APPEALS FOR THE SECOND CIRCUIT FOR APPOINTMENT OF A THREE-JUDGE PANEL PURSUANT TO 28 U.S.C. 2284(b). I respectfully request that the Chief Judge of the United States Court of Appeals for the Second Circuit promptly appoint a three-judge panel to preside over the claims presented by this litigation. Should the Chief Judge of the Second Circuit need any additional information or have any inquiries, this Court is available at any time. RESPECTFULLY SUBMITTED. (Signed by Judge Lewis A. Kaplan on 5/3/22) (yv) Transmission to Office of the Clerk of Court for processing. |
| Filing 16 NOTICE OF APPEARANCE by Todd Davis Valentine on behalf of Anthony J. Casale, Douglas A. Kellner, Peter S. Kosinski, Andrew J. Spano, Todd D. Valentine, Kristen Zebrowski-Stavisky..(Valentine, Todd) |
| Filing 15 LETTER addressed to Judge Lewis A. Kaplan from Brian L Quail dated 5/3/2022 re: permission to appear by phone or remotely. Document filed by Anthony J. Casale, Douglas A. Kellner, Peter S. Kosinski, Andrew J. Spano, Todd D. Valentine, Kristen Zebrowski-Stavisky..(Quail, Brian) |
| Filing 14 NOTICE OF APPEARANCE by Brian Lee Quail on behalf of Anthony J. Casale, Douglas A. Kellner, Peter S. Kosinski, Andrew J. Spano, Todd D. Valentine, Kristen Zebrowski-Stavisky..(Quail, Brian) |
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Filing 13
SCHEDULING ORDER: The Court will hear argument on plaintiff's request for a temporary restraining order on May 4, 2022 at 10:30 AM in-person in Courtroom 21B, 500 Pearl Street, New York, NY 10007 before Judge Lewis A. Kaplan. (Signed by Judge Lewis A. Kaplan on 5/3/2022) Press and public may listen to the argument by dialing 1-888-363-4749 and entering Access Code 7664205#. Please be aware that recording or re-broadcasting of the hearing in whole or in part is against Court rules. (Mohan, Andrew) Modified on 5/3/2022 (Mohan, Andrew).
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| Filing 12 ELECTRONIC SUMMONS ISSUED as to Anthony J. Casale, Douglas A. Kellner, Peter S. Kosinski, Andrew J. Spano, Todd D. Valentine, Kristen Zebrowski-Stavisky. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis A. Kaplan. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf) |
| Magistrate Judge James L. Cott 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf) |
| Case Designated ECF. (vf) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #6 Proposed Temporary Restraining Order, #5 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (nd) |
| Filing 11 LETTER addressed to Judge Laura Taylor Swain from Bennet J. Moskowitz dated May 2, 2022 re: Plaintiffs Complaint And Motion For Temporary Restraining Order And Preliminary Injunction. Document filed by Guy C. Brought, Lawrence Canning, Patricia Clarino, George Dooher, Jr., Stephen Evans, Linda Fanton, Jerry Fishman, Jay Frantz, Lawrence Garvey, Tim Harkenrider, Alan Nephew, Frank Peretti, Susan Rowley, Josephine Thomas, Marianne Volante..(Moskowitz, Bennet) |
| Filing 10 NOTICE OF APPEARANCE by Bennet J. Moskowitz on behalf of Tim Harkenrider, Guy C. Brought, Lawrence Canning, Patricia Clarino, George Dooher, Jr., Stephen Evans, Linda Fanton, Jerry Fishman, Jay Frantz, Lawrence Garvey, Alan Nephew, Frank Peretti, Susan Rowley, Josephine Thomas, Marianne Volante..(Moskowitz, Bennet) |
| Filing 9 MEMORANDUM OF LAW in Support re: #4 EMERGENCY MOTION for Temporary Restraining Order and Preliminary Injunction. . Document filed by Michael Corbett, Belinda De Gaudemar, Anthony Hoffman, Nancy Pascal, Susan Schoenfeld..(Celli, Andrew) |
| Filing 8 DECLARATION of Aria C. Branch in Support re: #4 EMERGENCY MOTION for Temporary Restraining Order and Preliminary Injunction.. Document filed by Michael Corbett, Belinda De Gaudemar, Anthony Hoffman, Nancy Pascal, Susan Schoenfeld. (Attachments: #1 Exhibit 1 - UOCAVA Order, #2 Exhibit 2 - ECA Affidavit, #3 Exhibit 3 - Steuben March 31 Order, #4 Exhibit 4 - COA Opinion, #5 Exhibit 5 - Steuben Apr. 29 Order, #6 Exhibit 6 - Congressional Legislation, #7 Exhibit 7 - Congressional Legislation Amended, #8 Exhibit 8 - Transcript, #9 Exhibit 9 - Favors Report, #10 Exhibit 10 - Total 2020 Population, #11 Exhibit 11 - Population Trends, #12 Exhibit 12 - Seat Loss, #13 Exhibit 13 - Consent Decree, #14 Exhibit 14 - Prior Primary Dates, #15 Exhibit 15 - Schoenfeld Affidavit, #16 Exhibit 16 - Hoffman Affidavit, #17 Exhibit 17 - Pascal Affidavit, #18 Exhibit 18 - Corbett Affidavit, #19 Exhibit 19 - SBOE Website, #20 Exhibit 20 - CD Populations, #21 Exhibit 21 - Certification Delay, #22 Exhibit 22 - de Gaudemar Declaration, #23 Exhibit 23 - FVAP Website, #24 Exhibit 24 - FEC Website, #25 Exhibit 25 - Gordon Declaration, #26 Exhibit 26 - Maloney Declaration).(Celli, Andrew) |
| Filing 7 NOTICE OF APPEARANCE by Douglas A. Kellner on behalf of Douglas A. Kellner..(Kellner, Douglas) |
| Filing 6 PROPOSED TEMPORARY RESTRAINING ORDER. Document filed by Michael Corbett, Belinda De Gaudemar, Anthony Hoffman, Nancy Pascal, Susan Schoenfeld. Related Document Number: #4 ..(Celli, Andrew) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 5 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Michael Corbett, Belinda De Gaudemar, Anthony Hoffman, Nancy Pascal, Susan Schoenfeld..(Celli, Andrew) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 4 EMERGENCY MOTION for Temporary Restraining Order and Preliminary Injunction. Document filed by Michael Corbett, Belinda De Gaudemar, Anthony Hoffman, Nancy Pascal, Susan Schoenfeld..(Celli, Andrew) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Defendants Peter S. Kosinski, Douglas A. Kellner, Andrew J. Spano, Anthony J. Casale, Todd D. Valentine, and Kristen Zebrowski-Stavisky, re: #1 Complaint,,. Document filed by Michael Corbett, Belinda De Gaudemar, Anthony Hoffman, Nancy Pascal, Susan Schoenfeld..(Celli, Andrew) |
| Filing 2 CIVIL COVER SHEET filed..(Celli, Andrew) |
| Filing 1 COMPLAINT against Anthony J. Casale, Douglas A. Kellner, Peter S. Kosinski, Andrew J. Spano, Todd D. Valentine, Kristen Zebrowski-Stavisky. (Filing Fee $ 402.00, Receipt Number ANYSDC-26087982)Document filed by Susan Schoenfeld, Anthony Hoffman, Belinda De Gaudemar, Nancy Pascal, Michael Corbett. (Attachments: #1 Exhibit 1 - UOCAVA Order, #2 Exhibit 2 - ECA Affidavit, #3 Exhibit 3 - Steuben March 31 Order, #4 Exhibit 4 - COA Opinion, #5 Exhibit 5 - Steuben Apr. 29 Order, #6 Exhibit 6 - Congressional Legislation, #7 Exhibit 7 - Congressional Legislation Amended, #8 Exhibit 8 - Transcript).(Celli, Andrew) |
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