Correll v. Herring et al
Plaintiff: Correll and Carroll Boston Correll, Jr.
Defendant: Herring, Clara Belle Wheeler, Mark R. Herring, James B. Alcorn, Marc Abrams, Edgardo Cortez and Singleton McAllister
Intervenor: Howard Lind, Virgil Goode, Michael Belefski, Eugene Delgaudio, Waverly Woods, John Fredericks, Brandon Howard and Tamara Neo
Case Number: 3:2016cv00467
Filed: June 24, 2016
Court: US District Court for the Eastern District of Virginia
Office: Richmond Office
County: Winchester City
Presiding Judge: Robert E Payne
Nature of Suit: Constitutional - State Statute
Cause of Action: 42:1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 10, 2016. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 10, 2016 Filing 51 Withdrawal of Motion by Carroll Boston Correll, Jr (DeLaquil, Mark)
August 9, 2016 Opinion or Order Filing 50 ORDER - The Court having received and considered Defendants' Consent Motion #49 for an extension of time to file their response to to the Plaintiffs Motion for Attorney's Fees and Costs Under 42 U.S.C. 1988 #47 , in order to allow the parties to finalize a settlement of fees and other matters, and given that Local Civil Rule 7(F) permits the Court to modify briefing deadlines, it is hereby ORDERED that the Consent Motion is GRANTED. Defendants shall have until Thursday, August 18, 2016, to file their response to the Plaintiffs fees motion. Alternatively, upon finalizing the pending settlement, the Plaintiff or theparties may make such other filing withdrawing or disposing of the fees motion as is appropriate; provided however, that such settlement shall be finalized before August 18, 2016, or Defendants shall file their response by then. Signed by District Judge Robert E. Payne on 08/09/2016. (tjoh, )
August 8, 2016 Filing 49 Consent MOTION for Extension of Time to File Response/Reply as to #47 First MOTION for Attorney Fees by Marc Abrams, James B. Alcorn, Edgardo Cortez, Mark R. Herring, Singleton McAllister, Clara Belle Wheeler. (Attachments: #1 Proposed Order)(Heslinga, Joshua)
July 27, 2016 Notice of Correction re #47 First MOTION for Attorney Fees . Filing user has been notified that in the future, a Memorandum in Support must be filed as a separate docket entry linked to the motion. Nothing further should be done at this time. (tjoh, )
July 25, 2016 Filing 48 Memorandum in Support re #47 First MOTION for Attorney Fees filed by Carroll Boston Correll, Jr. (Attachments: #1 Affidavit, #2 Affidavit)(tjoh, )
July 25, 2016 Filing 47 First MOTION for Attorney Fees by Carroll Boston Correll, Jr. (Attachments: #1 Supplement Memorandum in Support, #2 Affidavit DeLaquil Declaration, #3 Affidavit Cooper Declaration)(DeLaquil, Mark)
July 22, 2016 Joint Exhibit Notebook and a copy of Plf's Exhibit 8A placed in exhibit room (khan, )
July 11, 2016 Opinion or Order Filing 45 ORDER OF PERMANENT INJUNCTION - The Court having tried the issues presented by Counts I and II of the FIRST AMENDED VERIFIED CLASS ACTION COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF #20 and having entered separate judgment in favor of Carroll Boston Correll, Jr. thereon, by virtue of a finding that Va. Code 24.2-545 (D) is unconstitutional in violation of the First Amendment of the United States Constitution, made applicable to the Commonwealth of Virginia by the Fourteenth Amendment to the United States Constitution, the Court finds that the plaintiff, Carroll Boston Correll, Jr., has proved that he will suffer an irreparable injury absent an injunction; that the remedies available to him at law are inadequate to foreclose, or compensate for, such injury; that considering the balance of hardships as between the Plaintiff and the Defendants and the Intervenors, the remedy of injunction in equity is warranted; and that the public interest will be served by a permanent injunction, and thereupon it is hereby ORDERED that the Defendants, their officers, agents, servants, employees, attorneys, and any other persons in active concert or participation with any of them, be, and the same hereby are, permanently enjoined from enforcing against Carroll Boston Correll, Jr. the provisions of Va. Code 24.2-545(D). Signed by District Judge Robert E. Payne on 07/11/2016. (tjoh, )
July 11, 2016 Opinion or Order Filing 44 ORDER - For the reasons and to the extent set forth in the accompanying Memorandum Opinion, judgment is hereby entered on behalf of the plaintiff, Carroll Boston Correll, Jr., individually, on Counts I and II of the FIRST AMENDED VERIFIED CLASS ACTION COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF #20 and the prayer for declaratory relief made therein is granted, the Court declaring that Va. Code 24.2-545 (D) is unconstitutional in violation of the First Amendment to the United States Constitution, as made applicable to Commonwealth of Virginia, by the Fourteenth Amendment to the United States Constitution. It is further ORDERED that the Commonwealth of Virginia will be, by separate Order, enjoined permanently from enforcing Va. Code 24.2-545(D) against Carroll Boston Correll, Jr., It is further ORDERED that Count III of the FIRST AMENDED VERIFIED CLASS ACTION COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF (ECF No, 20) is dismissed with prejudice, there having been no evidence or argument in support of that Count. It is further ORDERED that Counts IV and V of the FIRST AMENDED VERIFIED CLASS ACTION COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF {ECF No. 20) shall be regarded as prayers for declaratory and injunctive relief, respectively, as to which no separate judgment need be entered because judgment is being entered on Counts I and II. Signed by District Judge Robert E. Payne on 07/11/2016. (tjoh, )
July 11, 2016 Filing 43 MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 07/11/2016. (tjoh, )
July 11, 2016 Filing 42 TRANSCRIPT of proceedings held on July 7, 2016, before Judge Robert E. Payne, Court Reporter Peppy Peterson, Telephone number 804-916-2267. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have thirty (30) 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 will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 8/10/2016. Redacted Transcript Deadline set for 9/12/2016. Release of Transcript Restriction set for 10/11/2016.(peterson, peppy)
July 8, 2016 Filing 41 Intervenors' ANSWER to Complaint by Michael Belefski, Eugene Delgaudio, John Fredericks, Virgil Goode, Brandon Howard, Howard Lind, Tamara Neo, Waverly Woods.(Warrington, David)
July 7, 2016 Filing 46 Minute Entry for proceedings held before District Judge Robert E. Payne:Motion Hearing held on 7/7/2016 re #4 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Carroll Boston Correll, Jr. Plf adduced evidence. Dft and Intervener adduced evidence. Arguments heard. Matter taken under advisement. (Court Reporter Peppy Peterson, OCR.)(khan, )
July 6, 2016 Filing 40 STIPULATION Joint Stipulations by Carroll Boston Correll, Jr. (Attachments: #1 Exhibit Joint Exhibits)(DeLaquil, Mark)
July 6, 2016 Filing 38 Declaration of Cynthia Hudson, Chief Deputy Attorney General by Marc Abrams, James B. Alcorn, Edgardo Cortez, Mark R. Herring, Singleton McAllister, Clara Belle Wheeler. (Heslinga, Joshua)
July 6, 2016 Filing 37 NOTICE of Appearance by Paris Ratliff Sorrell on behalf of John Fredericks (Sorrell, Paris)
July 5, 2016 Filing 36 REPLY to Response to Motion re #4 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Carroll Boston Correll, Jr. (DeLaquil, Mark)
July 5, 2016 Opinion or Order Filing 35 ORDER granting #34 Motion for Leave to File Enlarged Brief. Plaintiff shall immediately file, as a separate entry in the docket, the reply brief currently filed as Docket No. 34, Exhibit 1. Signed by District Judge Robert E. Payne on 07/05/2016. (tjoh, )
July 5, 2016 Filing 34 MOTION for Leave to File Oversized Reply Brief by Carroll Boston Correll, Jr. (Attachments: #1 Exhibit 1 Reply Brief, #2 Proposed Order)(DeLaquil, Mark)
July 5, 2016 Filing 33 Declaration re #4 MOTION for Temporary Restraining Order and Preliminary Injunction by Carroll Boston Correll, Jr. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(DeLaquil, Mark)
July 5, 2016 Filing 32 TRANSCRIPT of proceedings held on July 1, 2016, before Judge Robert E. Payne, Court Reporter Peppy Peterson, Telephone number 804-916-2267. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have thirty (30) 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 will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 8/4/2016. Redacted Transcript Deadline set for 9/6/2016. Release of Transcript Restriction set for 10/3/2016.(peterson, peppy)
July 5, 2016 Filing 31 TRANSCRIPT of proceedings held on June 28, 2016, before Judge Robert E. Payne, Court Reporter Peppy Peterson, Telephone number 804-916-2267. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have thirty (30) 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 will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 8/4/2016. Redacted Transcript Deadline set for 9/6/2016. Release of Transcript Restriction set for 10/3/2016.(peterson, peppy)
July 5, 2016 Filing 30 TRANSCRIPT of proceedings held on June 28, 2016, before Judge Robert E. Payne, Court Reporter Peppy Peterson, Telephone number 804-916-2267. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have thirty (30) 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 will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 8/4/2016. Redacted Transcript Deadline set for 9/6/2016. Release of Transcript Restriction set for 10/3/2016.(peterson, peppy)
July 1, 2016 Minute Entry for proceedings held before District Judge Robert E. Payne:Telephone Conference held on 7/1/2016. (Court Reporter Peppy Peterson, OCR.)(khan, )
July 1, 2016 Opinion or Order Filing 29 ORDER granting #22 Motion to Intervene. It is further ORDERED that the Intervenors shall file their Memorandum in Opposition to Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction forthwith. SEE ORDER FOR DETAILS. Signed by District Judge Robert E. Payne on 07/01/2016. (tjoh, )
July 1, 2016 Filing 28 TRANSCRIPT of proceedings held on June 30, 2016, before Judge Robert E. Payne, Court Reporter Peppy Peterson, Telephone number 804-916-2267. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have thirty (30) 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 will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 8/1/2016. Redacted Transcript Deadline set for 8/31/2016. Release of Transcript Restriction set for 9/29/2016.(peterson, peppy)
July 1, 2016 Filing 27 Memorandum in Opposition re #4 MOTION for Temporary Restraining Order and Preliminary Injunction filed by John Fredericks. (Attachments: #1 Exhibit Appendix)(Warrington, David)
July 1, 2016 Filing 26 RESPONSE to Motion re #22 MOTION to Intervene filed by Marc Abrams, James B. Alcorn, Edgardo Cortez, Mark R. Herring, Singleton McAllister, Clara Belle Wheeler. (Birkenheier, Anna)
July 1, 2016 Filing 25 RESPONSE in Opposition re #4 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Marc Abrams, James B. Alcorn, Edgardo Cortez, Mark R. Herring, Singleton McAllister, Clara Belle Wheeler. (Attachments: #1 Exhibit Exhibit D-1 Declaration of Marc Abrams, #2 Exhibit Exhibit D-2 Declaration of Edgardo Cortes, #3 Exhibit Exhibit D-3 Senate Joint Resolution 92, #4 Exhibit Exhibit D-4 10th Congressional District Call, #5 Exhibit Exhibit D-5 Joint Subcommittee Report)(Birkenheier, Anna)
July 1, 2016 Filing 24 ANSWER to Complaint First Amended by Marc Abrams, James B. Alcorn, Edgardo Cortez, Mark R. Herring, Singleton McAllister, Clara Belle Wheeler.(Birkenheier, Anna)
June 30, 2016 Minute Entry for proceedings held before District Judge Robert E. Payne:Telephone Conference held on 6/30/2016. (Court Reporter Peppy Peterson, OCR.)(khan, )
June 30, 2016 Filing 23 Memorandum in Support re #22 MOTION to Intervene filed by John Fredericks. (Attachments: #1 Proposed Order Proposed Order, #2 Exhibit Opposition to Motion for Temporary Restraining Order, #3 Exhibit Appendix for Opposition to Temporary Restraining Order)(Warrington, David)
June 30, 2016 Filing 22 MOTION to Intervene by John Fredericks. (Warrington, David)
June 29, 2016 Filing 21 NOTICE of Appearance by Heather Hays Lockerman on behalf of Marc Abrams, James B. Alcorn, Edgardo Cortez, Mark R. Herring, Singleton McAllister, Clara Belle Wheeler (Lockerman, Heather)
June 29, 2016 Filing 20 AMENDED COMPLAINT against All Defendants, filed by Carroll Boston Correll, Jr.(DeLaquil, Mark)
June 28, 2016 Minute Entry for proceedings held before District Judge Robert E. Payne:Telephone Conference held on 6/28/2016. (Court Reporter Peppy Peterson, OCR.)(khan, )
June 28, 2016 Opinion or Order Filing 19 ORDER granting #10 Motion for Pro hac vice Appointed David Boris Rivkin, Jr for Carroll Boston Correll, Jr. Signed by District Judge Robert E. Payne on 06/28/2016. (tjoh, )
June 28, 2016 Opinion or Order Filing 18 ORDER re #4 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Carroll Boston Correll, Jr. It is hereby ordered that the Order of June 27, 2016 #11 is modified to state that: (1) Plaintiffs shall submit an amended complaint by 11:59 p.m. on June 29, 2016. (2) Defendants shall submit (a) an answer and (b) their response to Plaintiff's MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION (Docket No. 4), both by 11:50 p.m. on July 1, 2016. Signed by District Judge Robert E. Payne on 06/28/2016. (tjoh, )
June 28, 2016 Set/Reset Deadlines as to #4 MOTION for Temporary Restraining Order and Preliminary Injunction. Motion Hearing set for 7/7/2016 at 10:00 AM in Richmond Courtroom 7400 before District Judge Robert E. Payne. (khan, )
June 28, 2016 Filing 17 Response to #15 Order filed by Carroll Boston Correll, Jr. (Attachments: #1 Exhibit A Virginia Republican Rules, #2 Exhibit B Virginia 16(F) Filing, #3 Exhibit C National Republican Rules, #4 Exhibit D Virginia Democratic Party Rules, #5 Exhibit E National Democratic Party Rules, #6 Exhibit F Declaration of Correll)(DeLaquil, Mark)
June 28, 2016 Filing 16 TRANSCRIPT of proceedings held on June 28, 2016, before Judge Robert E. Payne, Court Reporter Peppy Peterson, Telephone number 804-916-2267. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have thirty (30) 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 will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 7/28/2016. Redacted Transcript Deadline set for 8/29/2016. Release of Transcript Restriction set for 9/26/2016.(peterson, peppy)
June 28, 2016 Opinion or Order Filing 15 ORDER re #4 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Carroll Boston Correll, Jr. SEE ORDER FOR DETAILS. Signed by District Judge Robert E. Payne on 06/28/2016. (tjoh, )
June 28, 2016 Filing 14 NOTICE of Appearance by Anna Tillie Birkenheier on behalf of Marc Abrams (Birkenheier, Anna)
June 28, 2016 Filing 13 NOTICE of Appearance by Joshua David Heslinga on behalf of Marc Abrams (Heslinga, Joshua)
June 27, 2016 Minute Entry for proceedings held before District Judge Robert E. Payne:Telephone Conference held on 6/27/2016. (Court Reporter Peppy Peterson, OCR.)(khan, )
June 27, 2016 Filing 12 NOTICE by Carroll Boston Correll, Jr of Facsimile Notice of Briefing Order (Attachments: #1 Exhibit A Facsimile Transmission)(DeLaquil, Mark)
June 27, 2016 Opinion or Order Filing 11 ORDER that Defendants shall file a response by June 30 at 11:59 p.m.; Plaintiffs shall file a reply by July 5, 2016, at 5:00 p.m.; Oral argument shall be held on July 7, 2016, at 10:00 a.m. Plaintiff shall deliver a copy of this Order by facsimile to Defendant Marc Abrams forthwith, and certify such delivery to the Court. It is so ORDERED. See Order for details and deadlines. Signed by District Judge Robert E. Payne on 06/27/2016.(ccol, )
June 27, 2016 Filing 10 Motion to appear Pro Hac Vice by David B. Rivkin, Jr. and Certification of Local Counsel Mark W. DeLaquil Filing fee $ 75, receipt number 0422-5050690. by Carroll Boston Correll, Jr. (DeLaquil, Mark)
June 27, 2016 Opinion or Order Filing 9 ORDER granting #6 Motion for Pro hac vice Appointed Andrew Michael Grossman for Carroll Boston Correll, Jr. Signed by District Judge Robert E. Payne on 06/27/2016. (tjoh, )
June 27, 2016 Filing 8 NOTICE of Appearance by Joshua David Heslinga on behalf of James B. Alcorn, Edgardo Cortez, Mark R. Herring, Singleton McAllister, Clara Belle Wheeler (Heslinga, Joshua)
June 27, 2016 Filing 7 NOTICE of Appearance by Anna Tillie Birkenheier on behalf of James B. Alcorn, Edgardo Cortez, Mark R. Herring, Singleton McAllister, Clara Belle Wheeler (Birkenheier, Anna)
June 24, 2016 Filing 6 Motion to appear Pro Hac Vice by Andrew M. Grossman and Certification of Local Counsel Mark W. DeLaquil Filing fee $ 75, receipt number 0422-5048825. by Carroll Boston Correll, Jr. (DeLaquil, Mark)
June 24, 2016 Filing 5 Memorandum in Support re #4 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Carroll Boston Correll, Jr. (DeLaquil, Mark)
June 24, 2016 Filing 4 MOTION for Temporary Restraining Order and Preliminary Injunction by Carroll Boston Correll, Jr. (Attachments: #1 Proposed Order)(DeLaquil, Mark)
June 24, 2016 Filing 3 Summons Issued as to Marc Abrams, James B. Alcorn, Edgardo Cortez, Mark R. Herring, Singleton McAllister, Clara Belle Wheeler. (Summonses given to counsel for service) (tjoh, ).
June 24, 2016 Filing 2 Financial Interest Disclosure Statement (Local Rule 7.1) by Carroll Boston Correll, Jr. (tjoh, )
June 24, 2016 Filing 1 COMPLAINT against Marc Abrams, James B. Alcorn, Edgardo Cortez, Mark R. Herring, Singleton McAllister, Clara Belle Wheeler ( Filing fee $ 400, receipt number 34683033540.), filed by Carroll Boston Correll, Jr. (Attachments: #1 Civil Cover Sheet, #2 Receipt)(tjoh, )

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Search for this case: Correll v. Herring et al
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Defendant: Herring
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Defendant: Clara Belle Wheeler
Represented By: Anna Tillie Birkenheier
Represented By: Heather Hays Lockerman
Represented By: Joshua David Heslinga
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Defendant: Mark R. Herring
Represented By: Anna Tillie Birkenheier
Represented By: Heather Hays Lockerman
Represented By: Joshua David Heslinga
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Defendant: James B. Alcorn
Represented By: Anna Tillie Birkenheier
Represented By: Heather Hays Lockerman
Represented By: Joshua David Heslinga
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Defendant: Marc Abrams
Represented By: Anna Tillie Birkenheier
Represented By: Heather Hays Lockerman
Represented By: Joshua David Heslinga
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Defendant: Edgardo Cortez
Represented By: Anna Tillie Birkenheier
Represented By: Heather Hays Lockerman
Represented By: Joshua David Heslinga
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Defendant: Singleton McAllister
Represented By: Anna Tillie Birkenheier
Represented By: Heather Hays Lockerman
Represented By: Joshua David Heslinga
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Plaintiff: Correll
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Plaintiff: Carroll Boston Correll, Jr.
Represented By: Mark Wendell DeLaquil
Represented By: Richard Bryan Raile
Represented By: Andrew Michael Grossman
Represented By: David Boris Rivkin, Jr.
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Intervenor: Howard Lind
Represented By: David Alan Warrington
Represented By: Paris Ratliff Sorrell
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Intervenor: Virgil Goode
Represented By: David Alan Warrington
Represented By: Paris Ratliff Sorrell
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Intervenor: Michael Belefski
Represented By: David Alan Warrington
Represented By: Paris Ratliff Sorrell
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Intervenor: Eugene Delgaudio
Represented By: David Alan Warrington
Represented By: Paris Ratliff Sorrell
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Intervenor: Waverly Woods
Represented By: David Alan Warrington
Represented By: Paris Ratliff Sorrell
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Intervenor: John Fredericks
Represented By: David Alan Warrington
Represented By: Paris Ratliff Sorrell
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Intervenor: Brandon Howard
Represented By: David Alan Warrington
Represented By: Paris Ratliff Sorrell
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Intervenor: Tamara Neo
Represented By: David Alan Warrington
Represented By: Paris Ratliff Sorrell
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