Morton v. United States Virgin Islands et al
| Jamal Morton |
| Joel A. Lee, United States Virgin Islands, Albert Bryan, Jr., Kirk Callwood, Sr. and clarina modest elliot |
| 3:2020cv00109 |
| November 3, 2020 |
| US District Court for the District of Virgin Islands |
| Ruth Miller |
| Robert A Molloy |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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Filing 90
ORDER (RAM) For the reasons stated in the Memorandum Opinion of even date, Defendants Motion to Dismiss, ECF No. 80, is GRANTED. All pending motions are DENIED as MOOT. This case is DISMISSED without prejudice. The Clerk of the Court shall CLOSE this case. (KMS)
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| Filing 89 MEMORANDUM OPINION (RAM) (KMS) |
| Filing 88 REPLY to Opposition to Motion re #85 Reply to Opposition to Motion to Dismiss filed by Defendants Albert Bryan, Jr, Kirk Callwood, Sr., Joel A. Lee, United States Virgin Islands, clarina modest elliot. (Timmons, Christopher) |
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Filing 87
ORDER (RAM) The motion by Defendants, ECF #86 , for an extension of time to file response brief is hereby GRANTED. The deadline in this matter previously scheduled on December 16, 2020, is hereby EXTENDED to NOON on December 17, 2020. (This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.) (KMS)
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| Filing 86 Emergency MOTION for Extension of Time to File Response/Reply as to #85 Reply to Opposition to Motion to Dismiss by Defendants Albert Bryan, Jr, Kirk Callwood, Sr., Joel A. Lee, United States Virgin Islands, clarina modest elliot. Motions referred to Magistrate Judge Ruth Miller. (Attachments: #1 Text of Proposed Order) (Timmons, Christopher) |
| Filing 85 REPLY to Opposition to Motion re #80 MOTION to Dismiss for Lack of Jurisdiction , 84 Order, filed by Plaintiff Jamal Morton. (DiRuzzo, Joseph) |
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Filing 84
ORDER (RAM) No later than 5:00 p.m. on December 15, 2020, Plaintiff Morton may file a supplemental brief as to whether Morton had standing at the time the lawsuit was filed. Defendants may file a response to Morton's brief no later than 5:00 p.m. on December 16, 2020. Briefs shall be no longer than ten pages. There shall be no further briefing without leave of the Court. (This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.) (KMS)
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| Filing 83 Minute Entry for proceedings held before Judge Robert A. Molloy: Preliminary Injunction Hearing held on 12/14/2020. (Court Reporter Persha Warner.) (CAB) |
| Filing 80 MOTION to Dismiss for Lack of Jurisdiction by Defendants Albert Bryan, Jr, Kirk Callwood, Sr., Joel A. Lee, United States Virgin Islands, clarina modest elliot. (Timmons, Christopher) |
| Filing 79 Response re #65 Order,,,, Set Hearings,,, filed by Plaintiff Jamal Morton. (DiRuzzo, Joseph) |
| Filing 78 REPLY to Opposition to Motion re #73 Opposition to Motion to Quash filed by Defendants Albert Bryan, Jr, Kirk Callwood, Sr., Joel A. Lee, United States Virgin Islands, clarina modest elliot. (Timmons, Christopher) |
| Filing 77 Response re #75 Order filed by Plaintiff Jamal Morton. (DiRuzzo, Joseph) |
| Filing 76 Response re #75 Order filed by Plaintiff Jamal Morton. (DiRuzzo, Joseph) |
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Filing 75
ORDER (RAM) No later than 2:00 p.m. on December 13, 2020, Plaintiff Morton shall file a response to this order indicating whether Tamarah Parsons Smalls was properly served with the subpoena. (KMS)
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Filing 74
ORDER (RAM) Morton's motion to continue (ECF #55 ) and the United States' first motion to continue (ECF #58 ) are MOOT. (This is a TEXT-ONLY entry. There is no PDF attachment.) (KMS)
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| Filing 73 Opposition to Motion re #71 MOTION to Quash Subpoena issued to Tamarah Parson-Smalls, Esq. filed by Plaintiff Jamal Morton. (DiRuzzo, Joseph) |
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Filing 72
ORDER (RAM) Plaintiff Morton SHALL respond to Defendant's Motion to Quash, ECF #71 , no later than 4:00 p.m. on December 12, 2020. (This is a TEXT-ONLY entry. There is no PDF attachment.) (KMS)
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| Filing 71 MOTION to Quash Subpoena issued to Tamarah Parson-Smalls, Esq. by Defendants Albert Bryan, Jr, Kirk Callwood, Sr., Joel A. Lee, United States Virgin Islands, clarina modest elliot. Motions referred to Magistrate Judge Ruth Miller. (Timmons, Christopher) |
| Filing 70 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 12-7-2020, before Judge Robert A. Molloy. Court Reporter/Transcriber Persha Stoutt-Warner, Telephone number (340)643-7385. 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 1/4/2021. Redacted Transcript Deadline set for 1/14/2021. Release of Transcript Restriction set for 3/14/2021. (Stoutt-Warner, Persha) |
| Filing 69 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 11-24-2020, before Judge Robert A. Molloy. Court Reporter/Transcriber Persha Stoutt-Warner, Telephone number (340)643-7385. 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 1/4/2021. Redacted Transcript Deadline set for 1/14/2021. Release of Transcript Restriction set for 3/14/2021. (Stoutt-Warner, Persha) |
| Filing 68 Subpoena Returned executed (DiRuzzo, Joseph) |
| Filing 67 MOTION in Limine re treasury department by Plaintiff Jamal Morton. Motions referred to Magistrate Judge Ruth Miller. (Attachments: #1 Text of Proposed Order) (DiRuzzo, Joseph) |
| Filing 66 NOTICE re due diligence of attempted service by Jamal Morton re #62 Notice (Other) (Attachments: #1 Affidavit) (DiRuzzo, Joseph) |
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Filing 65
ORDER (RAM) The preliminary injunction hearing in this matter is CONTINUED to Monday, December 14, 2020, at 10:00 a.m., via video teleconference ("VTC"). The parties shall submit any exhibits they intend to introduce into evidence to the Clerk's Office by no later than Friday, December 11, 2020, at 2:00 p.m. The parties SHALL be prepared to argue the Court's jurisdiction based on the Plaintiff's standing to file this case. To the extent that the Plaintiff seeks to subpoena Attorney Smalls, Chief Counsel of the Virgin Islands Bureau of Internal Revenue, and Defendants believe the subject of her testimony may be quashed under the attorney work-product doctrine, Defendants SHALL file a brief immediately upon the issuance of the subpoena. The Court will provide the parties with VTC connection information in advance of the hearing. The public may access the audio of the hearing in this matter by calling 1-888-251-2909 and entering access code 5157509#. (KMS)
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| Filing 64 TRANSCRIPT REQUEST for Preliminary Injunction Hearing by Albert Bryan, Jr, Kirk Callwood, Sr., Joel A. Lee, United States Virgin Islands, clarina modest elliot for proceedings held on December 1, 2020 before Judge Robert L. Molloy.. (Smith-Francois, Ariel) |
| Filing 63 NOTICE per Fed. R. Evid. 807 by Jamal Morton re #59 Notice (Other) (DiRuzzo, Joseph) |
| Filing 62 NOTICE of intent to issue subpoena duces tecum by Jamal Morton (Attachments: #1 Affidavit declaration of counsel per 31 CFR 1.11(d)(3), #2 Exhibit) (DiRuzzo, Joseph) |
| Filing 61 NOTICE case posture by Jamal Morton (DiRuzzo, Joseph) |
| Filing 60 TRANSCRIPT REQUEST by Jamal Morton for proceedings held on 12/7/2020 before Judge Malloy.. (DiRuzzo, Joseph) |
| Filing 59 NOTICE notice of intent by Jamal Morton (Attachments: #1 Exhibit) (DiRuzzo, Joseph) |
| Filing 58 First MOTION to Continue December 10, 2020 Evidentiary Hearing by Defendants Albert Bryan, Jr, Kirk Callwood, Sr., Joel A. Lee, United States Virgin Islands, clarina modest elliot. Motions referred to Magistrate Judge Ruth Miller. (Attachments: #1 Text of Proposed Order) (Timmons, Christopher) |
| Filing 57 Minute Entry for proceedings held before Judge Robert A. Molloy: Telephonic Status Conference held on 12/7/2020. (Court Reporter Persha Stoutt-Warner.) (TRH) |
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Filing 56
ORDER (RAM) The status conference in this matter previously scheduled for December 7, 2020, at 11:00 A.M. is hereby RESCHEDULED to commence promptly at 11:30 A.M. on December 7, 2020, before District Judge Robert A. Molloy. (This is a TEXT-ONLY entry. There is no PDF attachment.) (KMS)
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| Filing 55 MOTION to Continue by Plaintiff Jamal Morton. Motions referred to Magistrate Judge Ruth Miller. (DiRuzzo, Joseph) |
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Filing 54
ORDER (RAM) The status conference in this matter previously scheduled for December 7, 2020, at 10:00 A.M. is hereby RESCHEDULED to commence promptly at 11:00 A.M. on December 7, 2020, before District Judge Robert A. Molloy. (This is a TEXT-ONLY entry. There is no PDF attachment.) (KMS)
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Filing 53
ORDER (RAM) A telephonic status conference in this matter shall commence promptly at 10:00 A.M. on Monday, December 7, 2020, before District Judge Robert A. Molloy. Call-in information will be provided to the parties by the Court. (This is a TEXT-ONLY entry. There is no PDF attachment.) (KMS)
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| Filing 52 MOTION in Limine re Defendants' Exhibit 1 (EIP Plan) by Plaintiff Jamal Morton. Motions referred to Magistrate Judge Ruth Miller. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Text of Proposed Order) (DiRuzzo, Joseph) |
| Filing 51 NOTICE Letter re witnesses by Jamal Morton re 45 Order,, (DiRuzzo, Joseph) |
| Filing 50 STIPULATION of Facts by Jamal Morton. (Attachments: #1 Exhibit P's Ex. 9 (filed 2019 Form 1040 [redacted])) (DiRuzzo, Joseph) |
| Filing 49 MOTION unseal re 48 Order, #47 MOTION to Seal EIP Implementation Plan by Plaintiff Jamal Morton. Motions referred to Magistrate Judge Ruth Miller. (Attachments: #1 Exhibit, #2 Exhibit, #3 Text of Proposed Order) (DiRuzzo, Joseph) |
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Filing 48
ORDER (RAM) The Motion to Seal EIP Implementation Plan, ECF #47 , is GRANTED. The Plan shall remain under seal unless otherwise ordered by the Court. (KMS)
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| Motion terminated: #47 MOTION to Seal EIP Implementation Plan filed by Kirk Callwood, Sr., United States Virgin Islands, Joel A. Lee, clarina modest elliot, Albert Bryan, Jr..(RAM) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (KMS) |
| NOTICE OF CORRECTED DOCKET ENTRYRe: #47 MOTION to Seal EIP Implementation Plan. Counsel is advised that a Motion to Seal must be granted prior to counsel filing the intended document. (EMK) |
| Filing 47 MOTION to Seal EIP Implementation Plan by Defendants Albert Bryan, Jr, Kirk Callwood, Sr., Joel A. Lee, United States Virgin Islands, clarina modest elliot. Motions referred to Magistrate Judge Ruth Miller. (Attachments: #1 Affidavit Affidavit of Joel A. Lee in re EIP Implementation Plan, #2 Exhibit Supporting Documents) (Timmons, Christopher) |
| Filing 82 Executed as to Attorney Carol Thomas-Jacobs on behalf of the Government of the Virgin Islands re #30 Order. (EMK) |
| Filing 81 ACKNOWLEDGEMENT OF SERVICE Executed as to Attorney General Denise George on behalf of the Government of the Virgin Islands re #30 Order. (EMK) |
| Filing 46 TRANSCRIPT REQUEST re preliminary injunction hearing by Jamal Morton for proceedings held on 11/24/2020 before Judge Malloy.. (DiRuzzo, Joseph) |
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Filing 45
ORDERED (RAM) Defendants shall provide Plaintiff with a signed and fully executed copy of the U.S. Virgin Islands Bureau of Internal Revenue Economic Impact Payments Plan no later than Friday, November 27, 2020, and shall file a copy of same under seal. The Plan shall remain under seal unless otherwise ordered by the Court. Plaintiff shall, by no later than December 2, 2020, file a notice with the Court on how he wishes to proceed with his Motion for Preliminary Injunction and whether Plaintiff plans to call additional witnesses. (KMS)
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| Filing 44 Exhibits and Witness List. (TRH) |
| Filing 43 Minute Entry for proceedings held before Judge Robert A. Molloy: Evidentiary Hearing held on 11/24/2020. (Court Reporter Persha Stoutt-Warner.) (TRH) |
| Filing 42 Subpoena Returned executed - Joel Lee (DiRuzzo, Joseph) |
| Filing 41 Exhibit List by Jamal Morton.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit) (DiRuzzo, Joseph) |
| Filing 40 REPLY to Opposition to Motion re #37 Opposition to Motion, filed by Plaintiff Jamal Morton. (DiRuzzo, Joseph) |
| Filing 39 NOTICE of Appearance by Christopher M. Timmons on behalf of Defendants Albert Bryan, Jr, Kirk Callwood, Sr., Joel A. Lee, United States Virgin Islands, clarina modest elliot (Timmons, Christopher) |
| Filing 38 NOTICE of intent to issue subpoena duces tecum by Jamal Morton (Attachments: #1 proposed subpoena, #2 attachment to subpoena) (DiRuzzo, Joseph) |
| Filing 37 Opposition to Motion re #5 MOTION for Preliminary Injunction filed by Defendants Albert Bryan, Jr, Kirk Callwood, Sr., Joel A. Lee, United States Virgin Islands, clarina modest elliot. (Attachments: #1 Affidavit) (Smith-Francois, Ariel) |
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Filing 36
ORDER (RAM) Defendant Jamal Morton's Motion for Writ of Habeas Corpus ad Testificandum, ECF #31 , is DENIED. (This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.) (KMS)
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| Filing 35 NOTICE of Appearance by Ariel Marie Smith-Francois on behalf of Defendants Albert Bryan, Jr, Kirk Callwood, Sr., Joel A. Lee, United States Virgin Islands, clarina modest elliot (Smith-Francois, Ariel) |
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Filing 32
ORDER (RAM) An oral argument and evidentiary hearing in this matter shall commence promptly at 9:00 A.M. on November 24, 2020, before District Judge Robert A. Molloy in STT Courtroom 1. The parties shall, through such process as is necessary, procure the attendance by video teleconference of any and all witnesses they wish to present. The Court will provide the parties with connection information in advance of the hearing. (This is a TEXT-ONLY entry. There is no PDF attachment.) (KMS)
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| Filing 31 MOTION for Writ of Habeas Corpus ad testificandum by Plaintiff Jamal Morton. Motions referred to Magistrate Judge Ruth Miller. (Attachments: #1 Text of Proposed Order) (DiRuzzo, Joseph) |
| (RAM) Evidentiary Hearing set for 11/24/2020 09:00 AM in STT Courtroom 1 before Judge Robert A. Molloy. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (KMS) |
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Filing 30
ORDER (RAM) No later than November 20, 2020, Defendants shall file a response to Plaintiff's motion. This matter is SCHEDULED for oral arguments to commence promptly at 9:00 A.M. on November 24, 2020, in St. Thomas Courtroom 1. The Office of the United States Marshal shall serve a copy of this Order on Denise George, Attorney General, and Carol Thomas-Jacobs, Assistant Attorney General, by hand delivery. (KMS)
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| Filing 29 CERTIFICATE OF SERVICE by Jamal Morton re #19 Statement of Undisputed Facts in Support of Motion, #1 Complaint, #5 MOTION for Preliminary Injunction , #8 MOTION to Expedite , #4 MOTION to Appoint Counsel Class Counsel, #3 MOTION to Certify Class , #18 MOTION for Summary Judgment , #22 Amended Complaint, #6 MOTION overlength brief re #5 MOTION for Preliminary Injunction , #7 MOTION judicial notice (DiRuzzo, Joseph) |
| Filing 28 SUMMONS Returned Executed by Jamal Morton. clarina modest elliot served on 11/10/2020, answer due 12/1/2020. (Attachments: #1 Affidavit) (DiRuzzo, Joseph) |
| Filing 27 SUMMONS Returned Executed by Jamal Morton. Joel A. Lee served on 11/9/2020, answer due 11/30/2020. (Attachments: #1 Affidavit) (DiRuzzo, Joseph) |
| Filing 26 SUMMONS Returned Executed by Jamal Morton. Albert Bryan, Jr served on 11/6/2020, answer due 11/27/2020. (Attachments: #1 Affidavit) (DiRuzzo, Joseph) |
| Filing 25 SUMMONS Returned Executed by Jamal Morton. United States Virgin Islands served on 11/6/2020, answer due 11/27/2020. (Attachments: #1 Affidavit) (DiRuzzo, Joseph) |
| Filing 24 CLERK'S NOTICE to Parties of Consent and Reference of A Civil Action to Magistrate Judge with a copy of Notice attached to each summons (EMK) |
| Filing 23 Summons Issued as to Clarina Modest Elliot. (EMK) |
| Filing 22 AMENDED COMPLAINT against Albert Bryan, Jr, Joel A. Lee, United States Virgin Islands, clarina modest elliotfiled by Jamal Morton. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit) (DiRuzzo, Joseph) |
| Filing 21 NOTICE subsitution of party per FedRCivP 25(d) & propsed summons by Jamal Morton re #20 Notice (Other) (Attachments: #1 proposed summons) (DiRuzzo, Joseph) |
| Filing 20 NOTICE subsitution of party per FedRCivP 25(d) & propsed summons by Jamal Morton (Attachments: #1 proposed summons) (DiRuzzo, Joseph) |
| Filing 19 STATEMENT OF UNDISPUTED FACTS in Support re #18 MOTION for Summary Judgment filed by Plaintiff Jamal Morton. (Attachments: #1 Affidavit Morton Dec., #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Affidavit DiRuzzo Dec.) (DiRuzzo, Joseph) |
| Filing 18 MOTION for Summary Judgment by Plaintiff Jamal Morton. (Attachments: #1 Text of Proposed Order) (DiRuzzo, Joseph) |
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Filing 17
ORDER (RAM) If the Plaintiff wishes for the Court to take expedited action in this case, the Plaintiff shall provide proof of service no later than Tuesday, November 10, 2020. (KMS)
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| Filing 16 CLERK'S NOTICE to Parties of Consent and Reference of A Civil Action to Magistrate Judge issued to defendant Joel A. Lee with a copy of Notice attached to each summons. (EMK) |
| Filing 15 Summons Issued as to Joel A. Lee. (EMK) |
| Filing 14 CLERK'S NOTICE to Parties of Consent and Reference of A Civil Action to Magistrate Judge issued to Defendant Kirk Callwood with a copy of Notice attached to each summons. (EMK) |
| Filing 13 Summons Issued as to Kirk Callwood, Sr. (EMK) |
| Filing 12 CLERK'S NOTICE to Parties of Consent and Reference of A Civil Action to Magistrate Judge issued to Defendant The United States Virgin Islands with a copy of Notice attached to each summons. (EMK) |
| Filing 11 Summons Issued as to United States Virgin Islands. (EMK) |
| Filing 10 CLERK'S NOTICE to Parties of Consent and Reference of A Civil Action to Magistrate Judge issued to Defendant Albert A. Bryan, Jr. with a copy of Notice attached to each summons (EMK) |
| Filing 9 Summons Issued as to Albert Bryan, Jr. (EMK) |
| Filing 8 MOTION to Expedite by Plaintiff Jamal Morton. Motions referred to Magistrate Judge Ruth Miller. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Text of Proposed Order) (DiRuzzo, Joseph) |
| Filing 7 MOTION judicial notice by Plaintiff Jamal Morton. Motions referred to Magistrate Judge Ruth Miller. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Text of Proposed Order) (DiRuzzo, Joseph) |
| Filing 6 MOTION overlength brief re #5 MOTION for Preliminary Injunction by Plaintiff Jamal Morton. Motions referred to Magistrate Judge Ruth Miller. (Attachments: #1 Text of Proposed Order) (DiRuzzo, Joseph) |
| Filing 5 MOTION for Preliminary Injunction by Plaintiff Jamal Morton. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Text of Proposed Order) (DiRuzzo, Joseph) |
| Filing 4 MOTION to Appoint Counsel Class Counsel by Plaintiff Jamal Morton. Motions referred to Magistrate Judge Ruth Miller. (Attachments: #1 Text of Proposed Order) (DiRuzzo, Joseph) |
| NOTICE OF CORRECTED DOCKET ENTRY: The proposed order is needed. Re: #3 MOTION to Certify Class . (KAB) |
| Filing 3 MOTION to Certify Class by Plaintiff Jamal Morton. (DiRuzzo, Joseph) |
| Filing 2 NOTICE proposed summons by Jamal Morton (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit) (DiRuzzo, Joseph) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number AVIDC-895652.)filed by Jamal Morton. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit) (DiRuzzo, Joseph) |
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