Spectrum WT et al v. Wendler et al
| Spectrum WT, Barrett Bright and Lauren Stovall |
| Walter Wendler, Dr. Christopher Thomas, John Sharp, Robert L. Albritton, James R. Brooks, Jay Graham, Tim Leach, Bill Mahomes, Elaine Mendoza, Michael J. Plank, Cliff Thomas, Demetrius L. Harrell, Jr. and Michael A Hernandez, III |
| 2:2023cv00048 |
| March 24, 2023 |
| US District Court for the Northern District of Texas |
| Matthew J Kacsmaryk |
| Civil Rights: Other Civil Rights |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 21, 2023. A more recent docket listing may be available from PACER.
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Filing 50
NOTICE of Supplemental Authority re: #30 Amended MOTION for Injunction Preliminary Injunction, #45 Brief/Memorandum in Support of Motion, #31 Brief/Memorandum in Support of Motion, #44 Response/Objection, filed by Barrett Bright, Spectrum WT, Lauren Stovall (Attachments: #1 Exhibit(s)) (Morris, JT)
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Filing 49
ORDER granting #47 Motion to Withdraw as Attorney. The Court GRANTS the Motion and ORDERS that Aaron Reitz is withdrawn as counsel of record and thatCharles K. Eldred is lead counsel for Defendant Walter Wendler. (Ordered by Judge Matthew J. Kacsmaryk on 6/6/2023) (awc)
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Filing 48
NOTICE of Attorney Appearance by Heather Lee Dyer on behalf of Robert L. Albritton, James R. Brooks, Jay Graham, Demetrius L. Harrell, Jr, Michael A Hernandez, III, Tim Leach, Bill Mahomes, Elaine Mendoza, Michael J. Plank, John Sharp, Christopher Thomas, Cliff Thomas. (Filer confirms contact info in ECF is current.) (Dyer, Heather)
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Filing 47
MOTION to Withdraw as Attorney Aaron F. Reitz filed by Walter Wendler (Attachments: #1 Proposed Order) (Olson, Leif)
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Filing 46
Flash drive containing Exhibit 1 received in clerk's office and forwarded to district judge's chambers re #45 Brief/Memorandum in Support of Motion. (awc)
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Filing 45
Brief/Memorandum in Support filed by Barrett Bright, Spectrum WT, Lauren Stovall re #44 Response/Objection, (Attachments: #1 Exhibit(s) 1: "Walter Wendler Full Interview" Video) (Morris, JT)
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Filing 44
RESPONSE filed by Barrett Bright, Spectrum WT, Lauren Stovall re: #30 Amended MOTION for Injunction Preliminary Injunction, #38 MOTION to Dismiss for Lack of Jurisdiction , #34 MOTION to Dismiss (Attachments: #1 Proposed Order Denying Defendant Wendler Motion to Dismiss, #2 Proposed Order Denying Other Defendants Motion to Dismiss) (Morris, JT)
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Filing 43
ORDER granting #41 Motion for Leave to File Consolidated Brief on Motions to Dismiss and Responses to Motion for Preliminary Injunction. The consolidatedbrief shall not exceed 45 pages (not including the cover page, any table of contents, table of authorities, or required certificates), and shall be filed on or before May 26, 2023. (Ordered by Judge Matthew J. Kacsmaryk on 5/15/2023) (awc)
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Filing 42
RECEIVED flash drive re #37 Brief/Memorandum in Support of Motion. Forwarded to chambers. (Duplicate flash drive stored in clerk's office vault.) (awc)
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Filing 41
Unopposed MOTION for Leave to File Consolidated Brief on Motions to Dismiss and Responses to Motion for Preliminary Injunction filed by Barrett Bright, Spectrum WT, Lauren Stovall (Attachments: #1 Proposed Order) (Morris, JT)
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Filing 40
ORDER: Before the Court is Plaintiffs' Motion for Temporary Restraining Order ("TRO Motion") and a Preliminary Injunction ("PI Motion") (collectively, "Motion") (ECF No. 8), filed on March 24, 2023. Since that filing, Plaintiffs withdrew their TRO Motion and filed an amended motion for preliminary injunction which supersedes the PI Motion. See ECF Nos. 16, 30. Accordingly, the Court DENIES the Motion as moot. re: #8 Motion for Temporary Restraining Order, Motion for Injunction. (Ordered by Judge Matthew J. Kacsmaryk on 5/9/2023) (awc)
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Filing 39
Brief/Memorandum in Support filed by Robert L. Albritton, James R. Brooks, Jay Graham, Demetrius L. Harrell, Jr, Michael A Hernandez, III, Tim Leach, Bill Mahomes, Elaine Mendoza, Michael J. Plank, John Sharp, Christopher Thomas, Cliff Thomas re #38 MOTION to Dismiss for Lack of Jurisdiction and Response to Plaintiffs' Motion for Preliminary Injunction (Attachments: #1 Exhibit(s) Declaration of C. Thomas, #2 Exhibit(s) Declaration of W. Hamilton) (Hilton, Amy)
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Filing 38
MOTION to Dismiss for Lack of Jurisdiction filed by Robert L. Albritton, James R. Brooks, Jay Graham, Demetrius L. Harrell, Jr, Michael A Hernandez, III, Tim Leach, Bill Mahomes, Elaine Mendoza, Michael J. Plank, John Sharp, Christopher Thomas, Cliff Thomas (Attachments: #1 Proposed Order) (Hilton, Amy)
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Filing 37
Brief/Memorandum in Support filed by Walter Wendler re #36 Response/Objection IN OPPOSITION TO PLAINTIFFS' AMENDED MOTION FOR PRELIMINARY INJUNCTION (Attachments: #1 Exhibit(s) Exhibit 1: Code of Student Life, #2 Exhibit(s) Exhibit 2: March 31 Eventbrite Announcement, #3 Exhibit(s) Exhibit 3: Video of February 2023 Performance by "Myss Myka", #4 Exhibit(s) Exhibit 4: Video of Scene from 1943 Movie "This is the Army") (Eldred, Charles)
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Filing 36
RESPONSE filed by Walter Wendler re: #30 Amended MOTION for Injunction Preliminary Injunction (Eldred, Charles)
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Filing 35
Brief/Memorandum in Support filed by Walter Wendler re #34 MOTION to Dismiss (Eldred, Charles)
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Filing 34
MOTION to Dismiss filed by Walter Wendler with Brief/Memorandum in Support. (Eldred, Charles)
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Filing 33
ORDER granting #29 Motion to Extend Time. The Court ORDERS that: Defendants must respond to Plaintiffs' First Amended Verified Complaint (ECF No. 28) and amended motion for a preliminary injunction on or before May 5, 2023; and Plaintiffs must file any reply in support of its amended motion for a preliminaryinjunction on or before May 19, 2023. (Ordered by Judge Matthew J. Kacsmaryk on 4/21/2023) (awc)
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Filing 32
Appendix in Support filed by Barrett Bright, Spectrum WT, Lauren Stovall re #31 Brief/Memorandum in Support of Motion (Morris, JT)
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Filing 31
Brief/Memorandum in Support filed by Barrett Bright, Spectrum WT, Lauren Stovall re #30 Amended MOTION for Injunction Preliminary Injunction (Morris, JT)
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Filing 30
Amended MOTION for Injunction Preliminary Injunction filed by Barrett Bright, Spectrum WT, Lauren Stovall (Attachments: #1 Proposed Order) (Morris, JT)
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Filing 29
Joint MOTION to Extend Time for Answer and Preliminary Injunction Deadlines filed by Barrett Bright, Spectrum WT, Lauren Stovall (Attachments: #1 Proposed Order) (Morris, JT)
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Filing 28
AMENDED COMPLAINT WITH JURY DEMAND against All Defendants filed by Spectrum WT, Barrett Bright, Lauren Stovall. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s) A: President Wendler Email, #2 Exhibit(s) B: WTAMU Facility Use Procedure Policy, #3 Exhibit(s) C: WTAMU Expression Activity on Campus Policy) (Morris, JT)
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Filing 27
ORDER granting #25 Application for Admission Pro Hac Vice of Adam B. Steinbaugh. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Matthew J. Kacsmaryk on 4/12/2023) (awc)
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Filing 26
ORDER granting #24 Application for Admission Pro Hac Vice of Conor T. Fitzpatrick. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Matthew J. Kacsmaryk on 4/12/2023) (awc)
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Filing 25
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13648113) filed by Barrett Bright, Spectrum WT, Lauren Stovall (Attachments: #1 Certificate of Good Standing, #2 Proposed Order)Attorney Adam Steinbaugh added to party Barrett Bright(pty:pla), Attorney Adam Steinbaugh added to party Spectrum WT(pty:pla), Attorney Adam Steinbaugh added to party Lauren Stovall(pty:pla) (Steinbaugh, Adam)
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Filing 24
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13647556) filed by Barrett Bright, Spectrum WT, Lauren Stovall (Attachments: #1 Certificate of Good Standing, #2 Proposed Order)Attorney Conor T Fitzpatrick added to party Barrett Bright(pty:pla), Attorney Conor T Fitzpatrick added to party Spectrum WT(pty:pla), Attorney Conor T Fitzpatrick added to party Lauren Stovall(pty:pla) (Fitzpatrick, Conor)
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Filing 23
SUMMONS Returned Executed as to Walter Wendler ; served on 3/28/2023. (Attachments: #1 Affidavit(s) of Service) (Morris, JT) Modified date served on 4/7/2023 (awc).
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Filing 22
WAIVER OF SERVICE Returned Executed as to Robert L. Albritton. Waiver sent on 3/30/2023; James R. Brooks. Waiver sent on 3/30/2023; Jay Graham. Waiver sent on 3/30/2023; Demetrius L. Harrell, Jr. Waiver sent on 3/30/2023; Michael A Hernandez, III. Waiver sent on 3/30/2023; Tim Leach. Waiver sent on 3/30/2023; Bill Mahomes. Waiver sent on 3/30/2023; Elaine Mendoza. Waiver sent on 3/30/2023; Michael J. Plank. Waiver sent on 3/30/2023; John Sharp. Waiver sent on 3/30/2023; Christopher Thomas. Waiver sent on 3/30/2023; Cliff Thomas. Waiver sent on 3/30/2023. (Attachments: #1 Waiver of Service Executed by John Sharp, #2 Waiver of Service Executed by Robert L. Albritton, #3 Waiver of Service Executed by James R. Brooks, #4 Waiver of Service Executed by Jay Graham, #5 Waiver of Service Executed by Michael A. Hernandez III, #6 Waiver of Service Executed by Tim Leach, #7 Waiver of Service Executed by Bill Mahomes, #8 Waiver of Service Executed by Elaine Mendoza, #9 Waiver of Service Executed by Michael J. Plank, #10 Waiver of Service Executed by Cliff Thomas, #11 Waiver of Service Executed by Demetrius L. Harrell, Jr.) (Morris, JT)
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Filing 21
ORDER granting #19 Application for Admission Pro Hac Vice of Jeffrey D. Zeman. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Matthew J. Kacsmaryk on 4/5/2023) (awc)
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Filing 20
NOTICE of Attorney Appearance by Charles K Eldred on behalf of Walter Wendler. (Filer confirms contact info in ECF is current.) (Eldred, Charles)
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Filing 19
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13636467) filed by Barrett Bright, Spectrum WT, Lauren Stovall (Attachments: #1 Certificate of Good Standing, #2 Proposed Order)Attorney Jeffrey Daniel Zeman added to party Barrett Bright(pty:pla), Attorney Jeffrey Daniel Zeman added to party Spectrum WT(pty:pla), Attorney Jeffrey Daniel Zeman added to party Lauren Stovall(pty:pla) (Zeman, Jeffrey) (Attachment 2 replaced with flattened document on 4/4/2023) (awc).
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Filing 18
ORDER: To proceed to the preliminary injunction adjudication, the Court ORDERS the following: Defendants must respond to the Complaint and PI Motion on or before April 21, 2023; Plaintiffs must file any reply on or before May 5, 2023. Because Plaintiffs presented their TRO Motion and PI Motion in the same filing (ECF No. 8), and the TRO Motion is now withdrawn, the Court will only consider the filing for the purposes of a preliminary injunction after full briefing is received from the parties. (Ordered by Judge Matthew J. Kacsmaryk on 3/30/2023) (awc)
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Filing 17
RESPONSE filed by Robert L. Albritton, James R. Brooks, Jay Graham, Demetrius L. Harrell, Jr, Michael A Hernandez, III, Tim Leach, Bill Mahomes, Elaine Mendoza, Michael J. Plank, John Sharp, Christopher Thomas, Cliff Thomas, Walter Wendler re: #16 Notice (Other) (Hilton, Amy)
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Filing 16
NOTICE of Notice Regarding Request for Temporary Restraining Order re: #8 Ex Parte MOTION for Temporary Restraining Order MOTION for Injunction filed by Barrett Bright, Spectrum WT, Lauren Stovall (Morris, JT)
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Filing 15
NOTICE of Attorney Appearance by Leif A Olson for Aaron F. Reitz on behalf of Walter Wendler. (Olson, Leif)
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Filing 14
NOTICE of Attorney Appearance by Leif A Olson on behalf of Walter Wendler. (Filer confirms contact info in ECF is current.) (Olson, Leif)
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Filing 13
NOTICE of Attorney Appearance by Amy S Hilton on behalf of Robert L. Albritton, James R. Brooks, Jay Graham, Demetrius L. Harrell, Jr, Michael A Hernandez, III, Tim Leach, Bill Mahomes, Elaine Mendoza, Michael J. Plank, John Sharp, Christopher Thomas, Cliff Thomas. (Filer confirms contact info in ECF is current.) (Hilton, Amy)
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Filing 12
ORDER granting #5 Motion to Waive Local Rule 83.10(a) Local Counsel Requirement. (Ordered by Judge Matthew J. Kacsmaryk on 3/28/2023) (awc)
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Filing 11
NOTICE of Delivery to Defendants re: #10 Order Setting Deadline/Hearing,, filed by Barrett Bright, Spectrum WT, Lauren Stovall (Morris, JT)
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Filing 10
ORDER: The Court ORDERS: (1) Defendants to file a written response to the TRO Motion on or before 10:00 a.m. (CDT) on March 30, 2023; and (2) Plaintiffs to promptly email a copy of this Order to Defendants via the email referenced in Plaintiffs' Certificate and to file written notice to this Court on or before Noon on March 28, 2023, confirming delivery of the Order to Defendants via email. re: #8 Ex Parte MOTION for Temporary Restraining Order MOTION for Injunction . (Ordered by Judge Matthew J. Kacsmaryk on 3/27/2023) (awc)
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Filing 9
Brief/Memorandum in Support filed by Barrett Bright, Spectrum WT, Lauren Stovall re #8 Ex Parte MOTION for Temporary Restraining Order MOTION for Injunction (Morris, JT)
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Filing 8
Ex Parte MOTION for Temporary Restraining Order (), MOTION for Injunction filed by Barrett Bright, Spectrum WT, Lauren Stovall (Attachments: #1 Proposed Order) (Morris, JT)
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Filing 7
NOTICE of Update to Rule 7.1 Conference re: #5 MOTION to Waive Local Rule 83.10(a) Local Counsel Requirement filed by Barrett Bright, Spectrum WT, Lauren Stovall (Morris, JT)
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Filing 6
Summons Issued as to Robert L. Albritton, James R. Brooks, Jay Graham, Demetrius L. Harrell, Jr, Michael A Hernandez, III, Tim Leach, Bill Mahomes, Elaine Mendoza, Michael J. Plank, John Sharp, Christopher Thomas, Cliff Thomas, Walter Wendler. (awc)
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Filing 5
MOTION to Waive Local Rule 83.10(a) Local Counsel Requirement filed by Barrett Bright, Spectrum WT, Lauren Stovall (Attachments: #1 Proposed Order) (Morris, JT)
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Filing 4
New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (No magistrate judge assigned). Clerk to provide copy to plaintiff if not received electronically. (awc)
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Filing 3
Request for Clerk to issue Summons filed by Barrett Bright, Spectrum WT, Lauren Stovall. (Attachments: #1 Summons for Christopher Thomas, #2 Summons for John Sharp, #3 Summons for Robert L. Albritton, #4 Summons for James R. Brooks, #5 Summons for Jay Graham, #6 Summons for Michael A. Hernandez III, #7 Summons for Tim Leach, #8 Summons for Bill Mahomes, #9 Summons for Elaine Mendoza, #10 Summons for Michael J. Plank, #11 Summons for Cliff Thomas, #12 Summons for Demetrius L. Harrell, Jr.) (Morris, JT) (Main Document 3 replaced with flattened document on 3/24/2023) (awc). (Attachment 1 replaced with flattened document on 3/24/2023) (awc). (Attachment 2 replaced with flattened document on 3/24/2023) (awc). (Attachment 3 replaced with flattened document on 3/24/2023) (awc). (Attachment 4 replaced with flattened document on 3/24/2023) (awc). (Attachment 5 replaced with flattened document on 3/24/2023) (awc). (Attachment 6 replaced with flattened document on 3/24/2023) (awc). (Attachment 7 replaced with flattened document on 3/24/2023) (awc). (Attachment 8 replaced with flattened document on 3/24/2023) (awc). (Attachment 9 replaced with flattened document on 3/24/2023) (awc). (Attachment 10 replaced with flattened document on 3/24/2023) (awc). (Attachment 11 replaced with flattened document on 3/24/2023) (awc). (Attachment 12 replaced with flattened document on 3/24/2023) (awc).
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Filing 2
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Barrett Bright, Spectrum WT, Lauren Stovall. (Clerk QC note: No affiliate entered in ECF). (Morris, JT) (Main Document 2 replaced with flattened document on 3/24/2023) (awc).
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Filing 1
COMPLAINT WITH JURY DEMAND against All Defendants filed by Spectrum WT, Barrett Bright, Lauren Stovall. (Filing fee $402; Receipt number ATXNDC-13613224) Plaintiff will submit summons(es) for issuance. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s) A: President Wendler Email, #2 Exhibit(s) B: WTAMU Facility Use Procedure Policy, #3 Cover Sheet) (Morris, JT) (Attachment 3 replaced with flattened document on 3/24/2023) (awc).
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