Schlemm, David et al v. West, Kelli W.
| David A. Schlemm and William E. Weso |
| Kevin Carr, Larry Fuchs, Kelli W. West, Ashley Freitag, Justin O'Boyle, Mark Teslik, K. Zenk, R. Phfferoen, E. Davidson, Jane and/or John Does and John Doe |
| CCI Prison Facility, WSPF Prison Facility and WCI Prison Facility |
| 3:2021cv00744 |
| November 23, 2021 |
| US District Court for the Western District of Wisconsin |
| William M Conley |
| Stephen L Crocker |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on March 29, 2023. A more recent docket listing may be available from PACER.
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Filing 56
** TEXT ONLY ORDER ** Plaintiff David Schlemm asks for an extension of his March 28, 2023, deadline to respond to defendant's motion for partial summary judgment on exhaustion grounds. (Dkt. #55 .) Plaintiff explains that he needs additional time to obtain copies of certain documents and that there have been long delays in receiving his mail. The motion is GRANTED. Plaintiff's response is due May 15, 2023, and defendant's reply is due May 26, 2023. Signed by Magistrate Judge Stephen L. Crocker on 3/29/2023. (voc),(ps)
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| Filing 55 Motion for Extension of Time to Respond to Defendant's Motion for Partial Summary Judgment by Plaintiff David A. Schlemm. (Attachments: #1 Certificate of Service). (lam),(ps) |
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Filing 54
** TEXT ONLY ORDER ** Plaintiff David Schlemm seeks reconsideration of the court's order denying his motion for an extension. (Dkt. #50 .) But Schlemm filed his reply (dkt. #52 ), so this motion is DENIED as moot. Schlemm also seeks an extension of time. (Dkt. #53 .) He does not identify what deadline he seeks to extend, but the court infers that he means his February 28 deadline to respond to defendants' motion for partial summary judgment. The motion is GRANTED, and Schlemm has until March 28, 2023, to oppose defendant's motion, with any reply due April 7, 2023. Finally, Schlemm filed an unsupported motion for a preliminary injunction and class certification, asking for an order preventing defendant from confiscating his property. (Dkt. #51 .) Schlemm is seeking different relief than his currently pending motion for a preliminary injunction, and Schlemm has not followed the court's procedures for motions seeking injunctive relief with respect to this new motion. Therefore, this motion is DENIED. The court has taken Schlemm's first motion for a preliminary injunction (dkt. #8 ) under advisement and will separately address that request for relief. Schlemm should focus his attention on responding to defendants' motion for partial summary judgment; the court does not intend to broaden the potential injunctive relief he may seek. Signed by District Judge William M. Conley on 3/6/2023. (voc),(ps)
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| Filing 53 Motion for Extension of Time by Plaintiff David A. Schlemm. (Attachments: #1 Certificate of Service) (jef),(ps) |
| Filing 52 Reply in Support of (51 in 3:21-cv-00744-wmc, 32 in 3:21-cv-00745-wmc) Motion for Preliminary or Permanent Injunction, Class Certification by Plaintiff David A. Schlemm (Attachments: #1 Exhibit C: Schedule of Services, #2 Exhibit D: November 2022 Calendar of U.S. Holidays, #3 Exhibit E: Wis. Stat. 301.33, #4 Exhibit F: DOC 309.61, #5 Exhibit G: Religious Beliefs and Practices, #6 Exhibit H: Religious Beliefs and Practices Continued, #7 Exhibit I: Handbook of Religious Beliefs and Practices, #8 Exhibit J: Native American Religions, Religious Property, #9 Exhibit K: Division of Adult Institutions Facility Implementation Procedures, #10 Exhibit L: Donations/Expenditures Print-out). (lam),(ps) |
| Filing 51 MOTION FOR PRELIMINARY OR PERMANENT INJUNCTION, Class Certification by Plaintiff David A. Schlemm. (lam),(ps) |
| Filing 50 Objections to 47 Order and Request for Reconsideration to Motion for Extension of Time by Plaintiff David A. Schlemm. (Attachments: #1 Exhibit M: Off-Site Service Request and Report, #2 Certificate of Service). (lam),(ps) |
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Filing 49
** TEXT ONLY ORDER ** Plaintiff David Schlemm asks that the court transfer his two pending cases in this court to the Eastern District of Wisconsin. (No. 21-cv-744, dkt. #48; No. 21-cv-331, dkt. #100.) Schlemm argues that a transfer is necessary because he believes he is being treated unfairly by this court. Construing these motions as another request for recusal, that motion is DENIED. The court has explained to Schlemm that ruling against him is not evidence of bias, and the court has recently given him significant leniency in handling his motion for a preliminary injunction, taking it under advisement on the merits as opposed to denying it outright for his failure to file a reply brief. Signed by District Judge William M. Conley on 2/24/2023. (jef),(ps)
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| Filing 48 MOTION TO TRANSFER to Eastern District of Wisconsin by Plaintiff David A. Schlemm. (jef),(ps) |
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Filing 47
** TEXT ONLY ORDER ** Plaintiff David Schlemm asks for yet another extension of his February 10, 2023, deadline to file a reply brief in support of his motion for a preliminary injunction, representing that he needs more paper to submit this filing, but his request for additional supplies has been delayed. (Dkt. #46 .) This court does not typically allow for a reply brief in preliminary injunction motions, and it has now been awaiting Schlemm's reply for over three-and-a-half months. Schlemm's only obligation is to respond to the points raised in defendant's opposition brief and proposed findings of fact. Although Schlemm's motion comes to the court on toilet paper, Schlemm's attachments to his motion suggest that he did not submit a request for legal supplies for use in this case until January 30, 2023. Schlemm does not explain why (1) this latest motion for an extension did not come to the court until after his most recent deadline, or (2) how he used the legal resources he previously had access to, if not for this lawsuit. The court warned Schlemm that if he did not file his reply brief by February 10, 2023, no further extension would be allowed. Accordingly, Schlemm has not responded substantively, nor has he shown good cause for yet another extension of this deadline. Therefore, Schlemm's motion for an extension (dkt. #46 ) is DENIED, and the court will take his motion for a preliminary injunction under advisement without further filings by either party Signed by District Judge William M. Conley on 2/17/2023. (voc),(ps)
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| Filing 46 Motion for Extension of Time and Intervention from the Court Due to Denied Access to this Court by Plaintiff David A. Schlemm. (Attachments: #1 Exhibit 1 - Interview/information request, #2 Exhibit 2 - Interview/information request, #3 Exhibit 3 - Interview/information request, #4 Exhibit 4 - Disbursement request, #5 Cover letter and certificate of service, #6 Cover letter and certificate of service, #7 Envelopes) (jef),(ps) Note, submission was written on toilet paper. (jef) |
| Set Deadlines as to Defendant's #43 MOTION FOR PARTIAL SUMMARY JUDGMENT Based on Exhaustion Grounds. Plaintiffs' Brief in Opposition due 2/28/2023. Defendant's Brief in Reply due 3/7/2023. (jef),(ps) |
| Filing 45 Declaration of Emily Davidson filed by Defendant Kelli W. West re: #43 Motion for Partial Summary Judgment (Attachments: #1 Exhibit 100 - ICHR, #2 Exhibit 101 - CCI-2020-15696, #3 Exhibit 102 - CCI-2020-19947, #4 Exhibit 103 - CCI-2021-1106) (Paulson, Rebecca),(ps) |
| Filing 44 Brief in Support of #43 Motion for Partial Summary Judgment Based on Exhaustion Grounds by Defendant Kelli W. West (Paulson, Rebecca),(ps) |
| Filing 43 MOTION FOR PARTIAL SUMMARY JUDGMENT Based on Exhaustion Grounds. by Defendant Kelli W. West. (Attachments: #1 Certificate of Service) (Paulson, Rebecca),(ps) |
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Filing 42
** TEXT ONLY ORDER ** The court directed defendant to respond to plaintiff David Schlemm's letters stating that he was not been receiving his legal mail, and defendant responded by representing that Schlemm has been refusing to allow his legal mail to be searched for the presence of drugs, consistent with institution policy (dkt. # #40 , #41 ). Defendant further represents that all legal mail is searched in the presence of the intended recipient, but if the inmate does not consent to the search, the institution does not deliver the legal mail. The court has already stated that it will not interfere with institution security decisions, and defendant's representations do not suggest that this search policy will interfere with Schlemm's right to privacy or ability to litigate this case. If Schlemm wants to litigate this case, he will have to allow his legal mail to be searched for drugs. Accordingly, Schlemm's request for court intervention (dkt. #32 ) is DENIED. Schlemm still has not filed his reply brief in support of his motion for a preliminary injunction. Schlemm may have until February 10, 2023, to file his reply. If he misses that deadline, the court will consider him to have abandoned that motion and will deny it. Signed by Judge William M. Conley on 2/2/2023. (voc),(ps)
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| Filing 41 Declaration of Ellen Ray filed by Defendant Kelli W. West re: #32 Motion for Miscellaneous Relief, (Attachments: #1 Exhibit 100-DAI Policy 309.04.01, #2 Exhibit 101-Letter from Warden, #3 Exhibit 102-Incident Reports) (Paulson, Rebecca),(ps) |
| Filing 40 Brief in Opposition by Defendant Kelli W. West re: #32 Motion for Miscellaneous Relief, filed by David A. Schlemm (Attachments: #1 Certificate of Service) (Paulson, Rebecca),(ps) |
| Filing 39 Mail Returned as Undeliverable re (81 in 3:21-cv-00331-wmc) Text Only Order and (34 in 3:21-cv-00744-wmc) Text Only Order. Mail sent to David Schlemm envelope stamped as "refused". (jef),(ps) |
| Filing 38 Mail Returned as Undeliverable re #29 Pretrial Conference Order Mail sent to David Schlemm envelope stamped as "refused". (jef),(ps) |
| Set Deadlines as to Plaintiff's Letter regarding legal mail. Defendants' Response due 1/23/2023. (77 in 3:21-cv-00331-wmc, 32 in 3:21-cv-00744-wmc) (jef),(ps) |
| Filing 37 Mail Returned as Undeliverable re 31 Text Only Order. Mail sent to David Schlemm envelope stamped as "refused". (jef),(ps) |
| Filing 36 Mail Returned as Undeliverable re 28 Text Only Order. Mail sent to David Schlemm envelope stamped as "refused". (jef),(ps) |
| Filing 35 Mail Returned as Undeliverable/Inmate Not Here, re 31 Text Only Order. Mail re-sent to William Weso at Waupun Correctional Institution per the Wisconsin Department of Corrections inmate locator. (jef),(ps) |
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Filing 34
** TEXT ONLY ORDER **Plaintiff David Schlemm has filed a third motion seeking an extension to file his reply in support of his motion for a preliminary injunction. (Dkt. #33 .) Schlemm says that he lacks adequate law library time and is experiencing medical complications. The motion is GRANTED, and Schlemm's deadline to file his reply in support of his motion for a preliminary injunction is February 2, 2023. The court does not intend to extend this deadline further. Schlemm also filed a letter complaining that he was denied his legal mail from this court when he refused to allow it to be searched. (Dkt. #32 .) Schlemm does not explicitly ask for court intervention, but if Schlemm is asking for the court to prohibit staff from searching his mail for contraband, that request is DENIED without prejudice. This court generally does not interfere with institutional security decisions, but if Schlemm is unable to litigate this case because of measures taken by security personnel, he may renew this motion, explaining in detail how the screening of his legal mail for drugs prevents him from litigating this case.. Signed by District Judge William M. Conley on 1/9/2023. (jef),(ps)
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| Filing 33 Motion for Extension of Time by Plaintiff David A. Schlemm. Motions referred to Magistrate Judge Stephen L. Crocker. (Attachments: #1 Certificate of Service). (lam),(ps) |
| Filing 32 Letter regarding legal mail by Plaintiff David A. Schlemm. (Attachments: #1 Attachment 1 - Notice Non-Delivery of Mail, #2 Attachment 2 - Notice Non-Delivery of Mail, #3 Attachment 3 - Letter to Security Director, #4 Certificate of Service) (jef),(ps) |
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Filing 31
** TEXT ONLY ORDER ** In the event that later in this lawsuit the defendants wish to depose the plaintiffs, then pursuant to F.R. Civ. Pro. 30(a)(2)(B), permission to conduct this deposition is granted in advance, so that defendants do not need to file a motion asking for permission at that time. Signed by Magistrate Judge Stephen L. Crocker on 12/23/2022. (jef),(ps)
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| Filing 30 Mail Returned as Undeliverable re 27 Order on Motion for Extension of Time. Mail not re-sent to David A. Schlemm; envelope stamped as "refused". (jef),(ps) Modified on 1/9/2023 (jef). |
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Filing 29
Pretrial Conference Order - # Preliminary Pretrial Packet in cases assigned to District Judge William M. Conley attached. Dispositive Motions for Failure to Exhaust Administrative Remedies due 2/3/2023. Dispositive Motions due 12/1/2023. Submissions for Final Pretrial Conference due 5/3/2024. Responses due 5/17/2024. Final Pretrial Conference set for 5/31/2024 at 10:00 AM. Second Final Pretrial Conference set for 6/10/2024 at 08:30 AM. Jury Selection and Trial set for 6/10/2024 at 09:00 AM. Signed by Magistrate Judge Stephen L. Crocker on 12/15/2022. (jls),(ps)
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Filing 28
** TEXT ONLY ORDER **On December 14, 2022, the court held sequential telephonic preliminary pretrial conferences in 21-cv-744, Mr. Schlemm's lawsuit against Ms. West, and in 21-745, Mr. Weso's identical lawsuit against Ms. West. The plaintiffs reported that they had intended to file one joint lawsuit but didn't do it correctly. Both plaintiffs confirmed that they want the same schedule and they want one joint trial on their identical claims against Ms. West. Mr. Schlemm also asked for additional time in the schedule due to his other pending lawsuit; Mr. Weso confirmed that he was fine with longer dates and deadlines if that's what it took to make this a joint trial. So, the court set the same schedule for both cases, with a joint trial date on June 10, 2024. To keep things simple, the case caption going forward will be David A. Schlemm and William E. Weso v. Kelli W. West, Case No. 21-cv-744. Mr. Schlemm and Mr. Weso may work together to the extent that's still possible now that they are at separate institutions, but neither one of them can represent the other: each plaintiff remains responsible for litigating his own interests in this lawsuit. Signed by Magistrate Judge Stephen L. Crocker on 12/14/2022. (jls),(ps)
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| Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Preliminary Pretrial Conference - Pro Se held on 12/14/2022 [:10] (skv),(ps) |
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Filing 27
** TEXT ONLY ORDER **ORDER granting #26 Motion for Extension of Time. Plaintiff's Brief in Reply due 1/3/2023. Signed by Magistrate Judge Stephen L. Crocker on 12/6/2022. (jef),(ps)
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| Filing 26 Motion for Extension of Time by Plaintiff David A. Schlemm. (Attachments: #1 Certificate of Service) (jef),(ps) |
| Set Telephone Pretrial or Status Conference: Telephone Pretrial Conference set for 12/14/2022 at 01:00 PM before Magistrate Judge Stephen L. Crocker. Counsel for Defendant responsible for setting up the call to chambers at (608) 264-5153. [#Notice Regarding the Telephone Preliminary Pretrial Conference attached] (jef),(ps) |
| Filing 25 ANSWER with Jury Demand by Defendant Kelli W. West. (Attachments: #1 Certificate of Service) (Paulson, Rebecca),(ps) |
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Filing 24
** TEXT ONLY ORDER **Plaintiff David Schlemm asks to extend his deadline to file a reply in support of his motion for a preliminary injunction until January 2, 2023, citing the delays associated with corresponding with another prisoner pursuing similar claims. (Dkt. #23 .) An additional two months to file a reply brief is unnecessary, so the motion is GRANTED in part. Schlemm's reply deadline is December 2, 2022. Signed by Magistrate Judge Stephen L. Crocker on 11/4/2022. (lam),(ps)
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| Filing 23 Motion for Extension of Time by Plaintiff David A. Schlemm. (jef),(ps) |
| Filing 22 Declaration of Kelli R. Willard West filed by Defendant Kelli W. West re: #8 Motion for TRO (Attachments: #1 Exhibit 104 - DAI 309.61.01 Eff 3.16.20, #2 Exhibit 105 - DAI 309.61.02 Eff 2.22.15 and Chart Eff 3.18.19, #3 Exhibit 106 - Schlemm DOC-2075, #4 Exhibit 107 - Weso's DOC-2075s, #5 Exhibit 108 - Religious Property Chart Updated) (Paulson, Rebecca),(ps) |
| Filing 21 Proposed Findings of Fact filed by Defendant Kelli W. West re: #8 Motion for TRO (Paulson, Rebecca),(ps) |
| Filing 20 Brief in Opposition by Defendant Kelli W. West re: #8 Motion for TRO filed by David A. Schlemm (Attachments: #1 Certificate of Service) (Paulson, Rebecca),(ps) |
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Filing 19
** TEXT ONLY ORDER **ORDER granting defendant's #18 Motion for Extension of Time. Defendant's Brief in Opposition due 10/20/2022. Plaintiff's Brief in Reply due 11/3/2022. Signed by Magistrate Judge Stephen L. Crocker on 10/4/2022.
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| Filing 18 Motion for Extension of Time to Respond to Motion for Preliminary Injunction by Defendant Kelli W. West. Motions referred to Magistrate Judge Stephen L. Crocker. (Attachments: #1 Certificate of Service) (Paulson, Rebecca),(ps) |
| Filing 17 Notice that for the remainder of this lawsuit plaintiff need only send a copy of his filings in this case to the court pursuant to an informal service agreement with the Wisconsin Department of Justice. (jef),(ps) |
| Filing 16 Acceptance of Service by DOJ on behalf of Defendant Kelli W. West. (Paulson, Rebecca),(ps) |
| Filing 15 Notice of Appearance filed by Rebecca Ann Paulson for Defendant Kelli W. West. (Attachments: #1 Certificate of Service) (Paulson, Rebecca),(ps) |
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Filing 14
ORDER on Leave to Proceed: Plaintiff granted leave to proceed against Defendant Kelli W. West, in her official capacity, on First Amendment free exercise and RLUIPA claims. Leave to proceed denied and case dismissed against Ashley Freitag, Larry Fuchs, Jane and/or John Does, Justin O'Boyle, R. Phfferoen, Mark Teslik, K. Zenk, Kevin Carr and E. Davidson. Materials delivered to DOJ for acceptance of service. Defendant West has until October 6, 2022, to respond to plaintiffs' motion for a preliminary injunction, Dkt. #8 - #10 . Plaintiffs may file a reply by October 20, 2022. Schlemm's motion for a preliminary injunction, Dkt. #3 , is DENIED as duplicative Signed by District Judge James D. Peterson on 9/15/2022. (jls),(ps)
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| Set/Reset Briefing Deadlines as to #8 Motion for and Memorandum of Law in Support of Plaintiff's Request for a Temporary Restraining Order and Preliminary Injunction. Brief in Opposition due 10/6/2022. Brief in Reply due 10/20/2022. (jls),(ps) |
| Filing 13 Warden PLRA Letter. (jef),(ps) |
| Initial Partial Filing fee received: $ 46.66, receipt number 34690039914. (jef),(ps) |
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Filing 12
ORDER on ifp request: Initial partial filing fee of $ 46.66 assessed. Initial partial filing fee due 12/23/2021. Signed by Magistrate Judge Peter A. Oppeneer on 12/02/2021. (aom),(ps)
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| Filing 11 Prisoner Trust Fund Account Statement by Plaintiff David A. Schlemm (Attachments: #1 Certificate of Service, #2 IPP Calculation) (aom),(ps) |
| Filing 10 General Affidavit of Ned Daniels Jr. (Exhibit A) filed by Plaintiff David A. Schlemm re: #8 Motion for and Memorandum of Law in Support of Plaintiff's Request for a Temporary Restraining Order and Preliminary Injunction (aom),(ps) |
| Filing 9 Declaration in Support of #8 Motion for and Memorandum of Law in Support of Plaintiff's Request for a Temporary Restraining Order and Preliminary Injunction filed by Plaintiff David A. Schlemm (Attachments: #1 Exhibit B - Letter Regarding On Unit Meals dated 02/22/21) (aom),(ps) |
| Filing 8 Motion for and Memorandum of Law in Support of Plaintiff's Request for a Temporary Restraining Order and Preliminary Injunction by Plaintiff David A. Schlemm. (aom),(ps) |
| Filing 7 Proposed Amended Complaint by Plaintiff David A. Schlemm. (Attachments: #1 Cover Letter /Certificate of Service) (aom),(ps) |
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Filing 6
ORDER on ifp request: Trust Fund Account Statement due 12/15/2021. Signed by Magistrate Judge Peter A. Oppeneer on 11/24/2021. (kmd),(ps)
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| Filing 5 General Affidavit (Exhibit A) filed by Plaintiff David A. Schlemm re: #3 Motion for and Memorandum of Law in Support of Plaintiff's Request for a Temporary Restraining Order and Preliminary Injunction (aom),(ps) |
| Filing 4 Declaration in Support of #3 Motion for and Memorandum of Law in Support of Plaintiff's Request for a Temporary Restraining Order and Preliminary Injunction filed by Plaintiff David A. Schlemm (Attachments: #1 Exhibit B - Letter Regarding On Unit Meals dated 02/22/21) (aom),(ps) |
| Filing 3 Motion for and Memorandum of Law in Support of Plaintiff's Request for a Temporary Restraining Order and Preliminary Injunction by Plaintiff David A. Schlemm. (aom),(ps) |
| Filing 2 Motion for Leave to Proceed in forma pauperis by Plaintiff David A. Schlemm. (aom),(ps) |
| Filing 1 COMPLAINT against All Defendants., filed by David A. Schlemm. (Case non-randomly assigned to District Judge William M. Conley.) (Attachments: #1 Certificate of Service) (aom),(ps) |
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