State of Utah et al v. Express Scripts, Inc. et al
| State of Utah and Division of Consumer Protection, The |
| Express Scripts, Inc., Express Scripts Administrators, L.L.C., ESI Mail Pharmacy Service, Inc., Express Scripts Pharmacy, Inc., ESI Mail Order Processing, Inc., Medco Health Solutions, Inc., UnitedHealth Group, Inc., OptumRx, Inc., OptumInsight Life Sciences, Inc. and OptumInsight, Inc. |
| 2:2025cv00088 |
| February 7, 2025 |
| U.S. District Court for the District of Utah |
| David Barlow |
| Dustin B Pead |
| Other Statutory Actions |
| 28 U.S.C. § 1441 Notice of Removal |
| Both |
Docket Report
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This docket was last retrieved on March 31, 2026. A more recent docket listing may be available from PACER.
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Filing 38
MOTION to Seal Document #34 Sealed Document,, filed by Defendants ESI Mail Order Processing, Inc., ESI Mail Pharmacy Service, Inc., Express Scripts Administrators, L.L.C., Express Scripts Pharmacy, Inc., Express Scripts, Inc., Medco Health Solutions, Inc.. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Wood, Stephen)
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Filing 37
ORDER granting #35 Motion for Leave to File Excess Pages. Defendants may file a Response to Plaintiffs' Motion to Remand not to exceed 25 pages. Signed by Judge David Barlow on 4/4/25. (jrj)
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Filing 36
Motion No Longer Referred: #35 Motion for Leave to File Excess Pages. District Judge David Barlow will handle the motion. (kbm)
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Filing 35
MOTION for Leave to File Excess Pages Unopposed Motion to Exceed Page Limit for Response to Motion to Remand filed by Defendants ESI Mail Order Processing, Inc., ESI Mail Pharmacy Service, Inc., Express Scripts Administrators, L.L.C., Express Scripts Pharmacy, Inc., Express Scripts, Inc., Medco Health Solutions, Inc.. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Wood, Stephen)
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Filing 34
**SEALED DOCUMENT** re #32 Redacted MOTION to Remand to State Court District Court of the Third Judicial District in Summit County, Utah and Memorandum in Support filed by Plaintiffs Division of Consumer Protection, The, State of UtahNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit B - Expert Report (Unredacted), #2 Exhibit E, #3 Exhibit F, #4 Exhibit G, #5 Affidavit Certificate of Service)(Smith, Elizabeth )
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Filing 33
MOTION for Leave to File Sealed Document re #32 Redacted MOTION to Remand to State Court District Court of the Third Judicial District in Summit County, Utah and Memorandum in Support filed by Plaintiffs Division of Consumer Protection, The, State of Utah. Motions referred to Dustin B. Pead.(Smith, Elizabeth )
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Filing 32
Redacted MOTION to Remand to State Court District Court of the Third Judicial District in Summit County, Utah and Memorandum in Support filed by Plaintiffs Division of Consumer Protection, The, State of Utah. (Attachments: #1 Exhibit A - Arkansas Order, #2 Exhibit B - Expert Report (Redacted), #3 Exhibit C - Carrier Letter, #4 Exhibit D - ESI Discovery Responses, #5 Exhibit E-F-G Slipsheets, #6 Exhibit H - Opioid Litig Jury Verdict & Allocation)(Smith, Elizabeth )
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Filing 31
ORDER granting #30 Motion for Leave to File Excess Pages for Motion to Remand. Signed by Magistrate Judge Dustin B. Pead on 03/26/2025. (kpf)
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Filing 30
MOTION for Leave to File Excess Pages for Motion to Remand filed by Plaintiffs Division of Consumer Protection, The, State of Utah. (Attachments: #1 Exhibit A - Proposed Order) Motions referred to Dustin B. Pead. Attorney Elizabeth Smith added to party State of Utah(pty:pla)(Smith, Elizabeth )
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Filing 29
ORDER granting #28 Motion for Extension of Time to Answer re #1 Notice of Removal. Defendant's deadline to respond to the Complaint is 30 days after the Court's decision on the forthcoming motion to remand. Signed by Magistrate Judge Dustin B. Pead on 03/19/2025. (kpf)
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Filing 28
MOTION for Extension of Time to File Answer re #1 Notice of Removal,, Unopposed Motion to Exend Time for Defendants to Respond to the Complaint filed by Defendants ESI Mail Order Processing, Inc., ESI Mail Pharmacy Service, Inc., Express Scripts Administrators, L.L.C., Express Scripts Pharmacy, Inc., Express Scripts, Inc., Medco Health Solutions, Inc.. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Wood, Stephen)
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Filing 27
ORDER granting #24 Motion for Extension of Time to file briefing. Plaintiffs shall file their Motion to Remand on or before March 31, 2025; Defendants shall file their Response to Plaintiffs Motion to Remand on or before April 30, 2025; Plaintiffs shall file their Reply in Support of their Motion to Remand on or before May 30, 2025. Signed by Magistrate Judge Dustin B. Pead on 03/10/2025. (kpf)
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Filing 26
ORDER granting #23 Motion for Admission Pro Hac Vice of Attorney Linda Singer for Division of Consumer Protection, The.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Dustin B. Pead on 03/10/2025. (kpf)
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Filing 25
ORDER granting #22 Motion for Admission Pro Hac Vice of Attorney Elizabeth Smith for Division of Consumer Protection, The.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Dustin B. Pead on 03/10/2025. (kpf)
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Filing 24
Stipulated MOTION for Extension of Time Remand Briefing and Memorandum in Support filed by Plaintiff Division of Consumer Protection, The. (Attachments: #1 Text of Proposed Order Proposed Order) Motions referred to Dustin B. Pead.(Crapo, Douglas)
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Filing 23
MOTION for Admission Pro Hac Vice of Linda Singer , Registration fee $ 50, receipt number AUTDC-5356235,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiff Division of Consumer Protection, The. (Attachments: #1 Exhibit PHV Application, #2 Text of Proposed Order PHV Proposed Order)(Crapo, Douglas)
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Filing 22
MOTION for Admission Pro Hac Vice of Elizabeth Smith , Registration fee $ 50, receipt number AUTDC-5356224,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiff Division of Consumer Protection, The. (Attachments: #1 Exhibit PHV Application, #2 Text of Proposed Order PHV Proposed Order)(Crapo, Douglas)
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Filing 21
CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendants OptumInsight Life Sciences, Inc., OptumInsight, Inc., OptumRx, Inc., UnitedHealth Group, Inc. identifying UnitedHealth Group as Corporate Parent. (Tolk, Bentley)
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Filing 20
ORDER granting #17 Motion for Admission Pro Hac Vice of Attorney Jonathan G. Cooper for ESI Mail Order Processing, Inc.,Jonathan G. Cooper for ESI Mail Pharmacy Service, Inc.,Jonathan G. Cooper for Express Scripts Administrators, L.L.C.,Jonathan G. Cooper for Express Scripts Pharmacy, Inc.,Jonathan G. Cooper for Express Scripts, Inc.,Jonathan G. Cooper for Medco Health Solutions, Inc..Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Dustin B. Pead on 02/28/2025. (kpf)
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Filing 19
ORDER granting #18 Motion for Admission Pro Hac Vice of Attorney Michael Lyle for ESI Mail Order Processing, Inc., Michael Lyle for ESI Mail Pharmacy Service, Inc., Michael Lyle for Express Scripts Administrators, L.L.C., Michael Lyle for Express Scripts Pharmacy, Inc., Michael Lyle for Express Scripts, Inc., Michael Lyle for Medco Health Solutions, Inc..Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Dustin B. Pead on 02/28/2025. (kpf)
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Filing 18
MOTION for Admission Pro Hac Vice of Michael Lyle , Registration fee $ 50, receipt number AUTDC-5347664,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendants ESI Mail Order Processing, Inc., ESI Mail Pharmacy Service, Inc., Express Scripts Administrators, L.L.C., Express Scripts Pharmacy, Inc., Express Scripts, Inc., Medco Health Solutions, Inc.. (Attachments: #1 Exhibit Application for Pro Hac Vice Admission, #2 Text of Proposed Order)(Wood, Stephen)
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Filing 17
MOTION for Admission Pro Hac Vice of Jonathan G. Cooper , Registration fee $ 50, receipt number AUTDC-5347646,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendants ESI Mail Order Processing, Inc., ESI Mail Pharmacy Service, Inc., Express Scripts Administrators, L.L.C., Express Scripts Pharmacy, Inc., Express Scripts, Inc., Medco Health Solutions, Inc.. (Attachments: #1 Exhibit Application for Pro Hac Vice Admission, #2 Text of Proposed Order)(Wood, Stephen)
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Filing 16
ORDER granting #14 Motion for Admission Pro Hac Vice of Attorney Matthew F. McGuire for OptumInsight Life Sciences, Inc.,Matthew F. McGuire for OptumInsight, Inc.,Matthew F. McGuire for OptumRx, Inc.,Matthew F. McGuire for UnitedHealth Group, Inc..Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Dustin B. Pead on 2/27/25. (jrj)
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Filing 15
ORDER REFERRING MOTION. #14 Motion for Admission Pro Hac Vice of Matthew P. McGuire. Motion referred to Magistrate Judge Dustin B. Pead. Signed by Judge David Barlow on 2/27/25. (kbm)
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Filing 14
MOTION for Admission Pro Hac Vice of Matthew P. McGuire , Registration fee $ 50, receipt number AUTDC-5343871,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendants OptumInsight Life Sciences, Inc., OptumInsight, Inc., OptumRx, Inc., UnitedHealth Group, Inc.. (Attachments: #1 Exhibit A (Application), #2 Exhibit B (Proposed Order))(Tolk, Bentley)
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Filing 13
WITHDRAWAL OF MOTION by Defendants OptumInsight Life Sciences, Inc., OptumInsight, Inc., OptumRx, Inc., UnitedHealth Group, Inc. re #10 MOTION for Admission Pro Hac Vice of Matthew P. McGuire , Registration fee $ 50, receipt number AUTDC-5343871,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of ca filed by OptumInsight Life Sciences, Inc., OptumRx, Inc., UnitedHealth Group, Inc., OptumInsight, Inc. . (Tolk, Bentley)
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Filing 12
DOCKET TEXT ORDER taking under advisement #10 Motion for Admission Pro Hac Vice. The [10-1] application for pro hac vice admission is largely blank and does not contain the required information. Mr. Tolk is ordered to update the application with the appropriate information within 3 days. Signed by Magistrate Judge Dustin B. Pead on 2/26/25. No attached document. (mjw)
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Filing 11
ORDER REFERRING MOTION. #10 Motion for Admission Pro Hac Vice of Matthew P. McGuire. Motion referred to Dustin B. Pead. Signed by Judge David Barlow on 2/26/2025. (kbm)
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Filing 10
MOTION for Admission Pro Hac Vice of Matthew P. McGuire , Registration fee $ 50, receipt number AUTDC-5343871,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendants OptumInsight Life Sciences, Inc., OptumInsight, Inc., OptumRx, Inc., UnitedHealth Group, Inc.. (Attachments: #1 Exhibit A (Application), #2 Exhibit B (Proposed Order))(Tolk, Bentley)
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Filing 9
CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendants Express Scripts, Inc., Medco Health Solutions, Inc. identifying Evernorth Health, Inc. as Corporate Parent. (Wood, Stephen)
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Filing 8
CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendants ESI Mail Order Processing, Inc., ESI Mail Pharmacy Service, Inc. identifying Express Scripts, Inc. as Corporate Parent. (Wood, Stephen)
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Filing 7
CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendants Express Scripts Administrators, L.L.C., Express Scripts Pharmacy, Inc. identifying Medco Health Solutions, Inc. as Corporate Parent. (Wood, Stephen)
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Filing 6
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Dustin B. Pead on 2/11/2025. (kec)
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Filing 5
ORDER REFERRING CASE to Magistrate Judge Dustin B. Pead under 28:636 (b)(1)(A), Magistrate Judge to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge David Barlow on 2/10/25. (kbm)
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Filing 4
NOTICE OF AVAILABILITY OF JUDICIAL SETTLEMENT CONFERENCE. For the benefit of the public and the bar, the District of Utah offers judicial settlement conference as an alternative for dispute resolution assistance in all civil cases and bankruptcy adversary proceedings. The court offers this alternative because, when compared with litigation, it can resolve a dispute faster, at less expense, and with solutions that are better able to meet the parties' needs and interests. Parties may file a stipulated motion for judicial settlement conference. A form #motion is available on the court's website. Notice e-mailed or mailed to Plaintiffs Division of Consumer Protection, The, State of Utah, Defendants ESI Mail Order Processing, Inc., ESI Mail Pharmacy Service, Inc., Express Scripts Administrators, L.L.C., Express Scripts Pharmacy, Inc., Express Scripts, Inc., Medco Health Solutions, Inc., OptumInsight Life Sciences, Inc., OptumInsight, Inc., OptumRx, Inc., UnitedHealth Group, Inc.. (kec)
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Filing 3
NOTICE OF MAGISTRATE JUDGE AVAILABILITY TO PRESIDE OVER CASE- Under 28 U.S.C. 636(c), Fed. R. Civ. P. 73, and DUCivR 72-3, you are hereby notified that a magistrate judge for the District of Utah may conduct any or all proceedings in this case, including a jury or bench trial and entry of a final judgment. Exercise of this jurisdiction by the magistrate judge is permitted only if all parties voluntarily sign and return the form. To consent, return the Consent Form to the clerk's office within 21 days via email at [email protected] or mail at the address on the form. Please do not efile the Consent Form in the case. Notice emailed or mailed to Plaintiffs Division of Consumer Protection, The, State of Utah, Defendants ESI Mail Order Processing, Inc., ESI Mail Pharmacy Service, Inc., Express Scripts Administrators, L.L.C., Express Scripts Pharmacy, Inc., Express Scripts, Inc., Medco Health Solutions, Inc., OptumInsight Life Sciences, Inc., OptumInsight, Inc., OptumRx, Inc., UnitedHealth Group, Inc.. (Notice generated by Clerk's office) Form due by 2/28/2025. (kec)
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Filing 2
NOTICE OF REQUIREMENTS for appearance Pro Hac Vice emailed to attorneys Michael Lyle, Jonathan G. Cooper, Brian D. Boone and Matthew P. McGuire for ESI Mail Order Processing, Inc., ESI Mail Pharmacy Service, Inc., Express Scripts Administrators, L.L.C., Express Scripts Pharmacy, Inc., Express Scripts, Inc., Medco Health Solutions, Inc., OptumInsight Life Sciences, Inc., OptumInsight, Inc., OptumRx, Inc., UnitedHealth Group, Inc. (Attachments: #1 PHV NC) (kec)
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Filing 1
NOTICE OF REMOVAL from 3rd District Court Summit County, case number 240500576, (Filing fee $ 405, receipt number AUTDC-5327013) filed by Express Scripts Pharmacy, Inc., Express Scripts, Inc., ESI Mail Order Processing, Inc., Medco Health Solutions, Inc., Express Scripts Administrators, L.L.C., ESI Mail Pharmacy Service, Inc.. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - State Court Docket, #3 Exhibit C - State Court Record, #4 Exhibit D - DOD Contract, #5 Exhibit E - FEHB Standard Contract, #6 Civil Cover Sheet Civil Cover Sheet) (Wood, Stephen)
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Judge David Barlow added. Case number will now read 2:25-cv-00088-DBB. Please make changes to document captions accordingly. (kec)
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