Smith et al v Wyoming Governor et al
| Grace Smith and Renee Buchli |
| Ms Grace Smith, Andy Smith, Shelta Rambur, Tiffany Leimback, Tamara Weaver, Renee Buchi, Carleigh Boucher, Jessica McComb, Bobbi Dockins, Candi Kusler, Laura Pavey, Wyoming Governor, Wyoming Department of Health State Health Officer, Wyoming Department of Health Interim Director, Sheridan County School District No 2 Superintendent, Albany County School District No 1 Superintendent, Laramie County School District No 1 Superintendent, Goshen County School District No 1 Superintendent, Sweetwater County School District No 2 Superintendent, Uinta County School District No 6 Superintendent, Albany County Health Officer, Johnson County Health Officer, Laramie County Health Officer, Goshen County Health Officer, Sweetwater County Health Officer, Mark Gordon, Alexia Harrist, MD, Stefan Johansson, Scott Stults, Craig Dougherty, Sheridan County School District No 2 Board of Trustees, Jubal Yennie, Albany County School District No 1 Board of Trustees, Dr Margaret Crespo, Laramie County School District No 1 Board of Trustees, Ryan Kramer, Goshen County School District No 1 Board of Trustees, Craig Barringer, Sweetwater County School District No 2 Board of Trustees, Damion Smith, Kent Stokes, Uinta County School District No 6 Board of Trustees, Sheridan Police Department, Jean Allais, MD, Mark Schueler, MD, Stanley Hartman, MD, Ted Church, MD, Jean Stachon, MD, Uinta County School District 4 Superintendent, Alexia Harrist MD, Jean Allais MD and Uinta County School District No 4 Board of Trustees |
| Families for Healthy Communities |
| 2:2021cv00201 |
| November 2, 2021 |
| U.S. District Court for the District of Wyoming |
| Nancy D Freudenthal |
| Kelly H Rankin |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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Filing 73
ORDER DISMISSING UINTA COUNTY SCHOOL DISTRICT NO. 4 DEFENDANTS WITHOUT PREJUDICE AND CLOSING CASE by the Honorable Nancy D Freudenthal.(Court Staff, sal)
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Filing 72
ORDER DISMISSING GOVERNOR GORDON AND COUNTY HEALTH OFFICIALS WITHOUT PREJUDICE by the Honorable Nancy D Freudenthal. The only defendants now remaining in the case are the Unita County School District No. 4 Defendants. See order for further ruling.(Court Staff, sal)
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Filing 71
ORDER by the Honorable Nancy D Freudenthal granting #55 Motion to Dismiss, #57 Motion to Dismiss, #60 Motion to Dismiss, #62 Motion to Dismiss, #63 Motion to Dismiss, #65 Motion to Dismiss, #67 Motion to Dismiss and #70 Motion for Judgment on the pleadings. See Order for specific ruling and additional deadlines.(Court Staff, sal) Modified on 3/2/2022 (Court Staff, sal).
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| Filing 70 MOTION for Judgment on the Pleadings filed by Defendants Wyoming Department of Health Interim Director, Wyoming Department of Health State Health Officer. (Engels, Jackson) Modified on 2/25/2022 (Court Staff, sal). |
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Filing 69
ORDER by the Honorable Nancy D Freudenthal denying #59 Motion for Order affirming the Court's December 22, 2021 Order.(Court Staff, sal)
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| Filing 68 MEMORANDUM in Support of #67 Motion to Dismiss filed by Intervenor Defendant Families for Healthy Communities. (Zars, Reed) |
| Filing 67 MOTION to Dismiss #54 Second Amended Complaint filed by Intervenor Defendant Families for Healthy Communities. (Zars, Reed) Modified on 2/11/2022 (Court Staff, sal). |
| Filing 66 BRIEF In Support re #65 Motion to Dismiss filed by Defendants Sweetwater County School District No 2 Board of Trustees, Sweetwater County School District No 2 Superintendent. (Cowper, Nathan) |
| Filing 65 Second MOTION to Dismiss or alternatively, MOTION to Dismiss Sweetwater County School District No 2 as a party filed by Defendants Sweetwater County School District No 2 Board of Trustees, Sweetwater County School District No 2 Superintendent. (Cowper, Nathan). Added MOTION to Dismiss Party on 2/11/2022 (Court Staff, sal). |
| Filing 64 BRIEF In Support re #63 Motion to Dismiss filed by Defendants Laramie County School District No 1 Board of Trustees, Laramie County School District No 1 Superintendent. (Coppede, John) |
| Filing 63 MOTION to Dismiss or alternatively, Motion to Dismiss Laramie County School District No 1 as a party filed by Defendants Laramie County School District No 1 Board of Trustees, Laramie County School District No 1 Superintendent. (Coppede, John) Modified on 2/11/2022 (Court Staff, sal). |
| Filing 62 MOTION to Dismiss #54 Second Amended Complaint filed by Defendants Albany County School District No 1 Board of Trustees, Albany County School District No 1 Superintendent. (Chaney, L) Modified on 2/11/2022 (Court Staff, sal). |
| Filing 61 MEMORANDUM in Support of #60 Motion to Dismiss filed by Defendants Wyoming Department of Health Interim Director, Wyoming Department of Health State Health Officer. (Engels, Jackson) |
| Filing 60 MOTION to Dismiss #54 Second Amended Complaint filed by Defendants Wyoming Department of Health Interim Director, Wyoming Department of Health State Health Officer. (Engels, Jackson) Modified on 2/11/2022 (Court Staff, sal). |
| Filing 59 MOTION for Order re #23 Order filed by Defendants Uinta County School District No 6 Board of Trustees, Uinta County School District No 6 Superintendent. (Phillips, Brianne) Modified on 2/11/2022 (Court Staff, sal). |
| Filing 58 MEMORANDUM in Support of #57 Motion to Dismiss/Lack of Jurisdiction, filed by Defendants Goshen County School District No 1 Board of Trustees, Goshen County School District No 1 Superintendent. (Phillips, Brianne) |
| Filing 57 Second MOTION to Dismiss for Lack of Jurisdiction, or in the Alternative Failure to State a Claim Upon Which Relief Can be Granted filed by Defendants Goshen County School District No 1 Board of Trustees, Goshen County School District No 1 Superintendent. (Phillips, Brianne) |
| Filing 56 Sheridan County School District 2's BRIEF in Support of #55 Rule 12(b)(6) Motion to Dismiss Second Amended Complaint, and in the alternative, Rule 21 Motion to Drop or Sever Claims Asserted Against Sheridan County School District 2 filed by Defendants Sheridan County School District No 2 Board of Trustees, Sheridan County School District No 2 Superintendent. (Hoopes, Kendal) Modified on 2/10/2022 (Court Staff, sal). |
| Filing 55 MOTION to Dismiss #54 Second Amended Complaint Pursuant to Fed.R.Civ.P. 12(b)(6), and in the alternative, Rule 21 MOTION to Drop or Sever Claims Asserted Against Sheridan County School District 2 filed by Defendants Sheridan County School District No 2 Board of Trustees, Sheridan County School District No 2 Superintendent. (Hoopes, Kendal) Modified on 2/10/2022 (Court Staff, sal). Added MOTION to Bifurcate on 2/11/2022 (Court Staff, sal). |
| Filing 54 SECOND AMENDED COMPLAINT filed by Carleigh Boucher, Candi Kusler, Laura Pavey, Renee Buchli, Shelta Rambur, Bobbi Dockins, Jessica McComb, Tamara Weaver. (Beduhn, Nick) Text and filers modified on 1/31/2022 (Court Staff, sal). |
| Filing 53 FILING ERROR - disregard AMENDED COMPLAINT per court order against Defendant All Defendants with Jury Demand All Defendants., filed by Carleigh Boucher, Candi Kusler, Laura Pavey, Renee Buchli, Shelta Rambur, Bobbi Dockins, Jessica McComb, Tamara Weaver. (Beduhn, Nick) Modified on 1/31/2022 (Court Staff, sal). |
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Filing 52
ORDER by the Honorable Nancy D Freudenthal granting in part and denying in part #48 Motion to Dismiss. Plaintiffs are permitted to file a Second Amended Complaint by 1/28/22.(Court Staff, sal)
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Filing 51
ORDER by the Honorable Kelly H Rankin granting #38 Motion to Intervene. Families for Healthy Communities added as Intervenors. (Court Staff, sal)
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Filing 50
ORDER by the Honorable Nancy D Freudenthal granting in part and denying in part #43 Motion to Dismiss Albany County School District Defendants. Plaintiffs have until 1/28/22 to file a second amended complaint.(Court Staff, sal)
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| Filing 49 BRIEF in support of #48 Motion to Dismiss pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(1) and 12(b)(6) or, in the alternative, MOTION TO DISMISS PARTY Sheridan Police Department filed by Defendant Sheridan Police Department. (Goetz, Megan) Text and link modified on 1/5/2022 (Court Staff, sal). Modified text on 1/5/2022 (Court Staff, sjlg). |
| Filing 48 MOTION TO DISMISS pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(1) and 12(b)(6) or, in the alternative, MOTION TO DISMISS PARTY Sheridan Police Department filed by Sheridan Police Department. Attorneys Megan Overmann Goetz and Crystal D. Stewart appearing for Sheridan Police Department. (Goetz, Megan) Text modified on 1/5/2022 (Court Staff, sal). Motion relief added and text modified on 1/5/2022 (Court Staff, sjlg). |
| Filing 47 RESPONSE IN OPPOSITION to #43 Motion to Dismiss filed by Plaintiffs Carleigh Boucher, Renee Buchli, Bobbi Dockins, Candi Kusler, Tiffany Leimback, Jessica McComb, Laura Pavey, Shelta Rambur, Andy Smith, Grace Smith, Tamara Weaver, Movant Families for Healthy Communities. (Beduhn, Nick) Modified on 1/3/2022 (Court Staff, sal). |
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Filing 46
ORDER by the Honorable Nancy D Freudenthal granting in part and denying in part #9 Motion to Dismiss/Lack of Jurisdiction, #13 Motion to Dismiss, #15 Motion to Dismiss Case, #23 Motion to Dismiss/Lack of Jurisdiction, #26 Motion to Dismiss, #34 Motion to Dismiss/Lack of Jurisdiction, #44 Motion to Dismiss, #45 Motion to Dismiss Case and denying #11 Motion to Dismiss. Multiple parties terminated. See Order for specifics.(Court Staff, sal)
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| Filing 45 MOTION to Dismiss Case, filed by Defendants Wyoming Department of Health Interim Director, Wyoming Department of Health State Health Officer. (Engels, Jackson) |
| Filing 44 MOTION to Dismiss Pursuant to Local Rule 7.1 attorney Megan Overmann Goetz and Crystal D. Stewart appearing for Sheridan Police Department, filed by Defendant Sheridan Police Department. (Attachments: #1 Proposed Order)(Goetz, Megan) |
| Filing 43 MOTION to Dismiss Party Superintendent Jubal Yennie and Trustees of Albany County School District #1 filed by Defendants Albany County School District No 1 Board of Trustees, Albany County School District No 1 Superintendent. (Attachments: #1 Exhibit A)(Chaney, L) |
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Filing 42
ORDER by the Honorable Nancy D Freudenthal granting #41 Motion for Extension of Time to respond to #9 Motion to Dismiss. Motion response deadline 12/17/2021.(Court Staff, sal)
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| Motions No Longer Referred: #41 First MOTION for Extension of Time (Non-Dispositive) requesting extension of Response to Motion (Court Staff, sal) |
| Filing 41 MOTION REFERRED TO Judge Kelly H Rankin. First MOTION for Extension of Time (Non-Dispositive) requesting extension of Response to Motion filed by Plaintiffs Carleigh Boucher, Renee Buchli, Bobbi Dockins, Candi Kusler, Tiffany Leimback, Jessica McComb, Laura Pavey, Shelta Rambur, Andy Smith, Grace Smith. (Attachments: #1 Proposed Order)(Beduhn, Nick) Unreferred on 12/10/2021 (Court Staff, sal). |
| Filing 40 NOTICE of Attorney Appearance by Megan Hayes on behalf of Families for Healthy Communities (Hayes, Megan) |
| Filing 39 MEMORANDUM in Support of #38 Motion to Intervene filed by Intervenor Respondent Families for Healthy Communities. (Attachments: #1 Exhibit) (Zars, Reed) |
| Filing 38 MOTION REFERRED TO Judge Kelly H Rankin. MOTION to Intervene, attorney Reed Zars appearing for Families for Healthy Communities, filed by Intervenor Respondent Families for Healthy Communities. (Attachments: #1 Proposed Order)(Zars, Reed) |
| Filing 37 NOTICE of Attorney Appearance by Tracy J Copenhaver on behalf of Goshen County School District No 1 Board of Trustees, Goshen County School District No 1 Superintendent (Copenhaver, Tracy) |
| Filing 36 NOTICE of Attorney Appearance by Scott E Kolpitcke on behalf of Goshen County School District No 1 Board of Trustees, Goshen County School District No 1 Superintendent, Uinta County School District No 6 Board of Trustees, Uinta County School District No 6 Superintendent (Kolpitcke, Scott) |
| Filing 35 MEMORANDUM in Support of #34 Motion to Dismiss/Lack of Jurisdiction, filed by Defendants Goshen County School District No 1 Board of Trustees, Goshen County School District No 1 Superintendent. (Phillips, Brianne) |
| Filing 34 MOTION to Dismiss for Lack of Jurisdiction, or in the Alternative Failure to State a Claim Upon Which Relief Can be Granted filed by Defendants Goshen County School District No 1 Board of Trustees, Goshen County School District No 1 Superintendent. (Phillips, Brianne) |
| Filing 33 DUPLICATE PLEADING - see #30 NOTICE of Attorney Appearance by Tracy J Copenhaver on behalf of Goshen County School District No 1 Board of Trustees, Goshen County School District No 1 Superintendent (Copenhaver, Tracy) Modified on 12/6/2021 (Court Staff, sal). |
| Filing 32 FILED INCORRECTLY - will need to be refiled by counsel NOTICE of Attorney Appearance by Tracy J Copenhaver on behalf of Goshen County School District No 1 Board of Trustees, Goshen County School District No 1 Superintendent (Copenhaver, Tracy) Modified on 12/6/2021 (Court Staff, sal). |
| Filing 31 FILED INCORRECTLY - will need to be refiled by counsel. NOTICE of Attorney Appearance by Tracy J Copenhaver on behalf of Goshen County School District No 1 Board of Trustees, Goshen County School District No 1 Superintendent (Copenhaver, Tracy) Modified on 12/6/2021 (Court Staff, sal). |
| Filing 30 NOTICE of Attorney Appearance by Tracy J Copenhaver on behalf of Uinta County School District No 6 Board of Trustees, Uinta County School District No 6 Superintendent (Copenhaver, Tracy) |
| Filing 29 FILED INCORRECTLY - will need to be refiled by counsel. NOTICE of Attorney Appearance by Tracy J Copenhaver on behalf of Uinta County School District No 6 Board of Trustees, Uinta County School District No 6 Superintendent (Copenhaver, Tracy) Modified on 12/6/2021 (Court Staff, sal). |
| Filing 28 FILED INCORRECTLY - will need to be re-filed by counsel. NOTICE of Attorney Appearance by Tracy J Copenhaver on behalf of Uinta County School District No 6 Board of Trustees, Uinta County School District No 6 Superintendent (Copenhaver, Tracy) Modified on 12/6/2021 (Court Staff, sal). |
| Filing 27 BRIEF in Support re #26 Motion to Dismiss filed by Defendants Sweetwater County School District No 2 Board of Trustees, Sweetwater County School District No 2 Superintendent. (Attachments: #1 Exhibit A, #2 Exhibit B) (Cowper, Nathan) |
| Filing 26 MOTION to Dismiss filed by Defendants Sweetwater County School District No 2 Board of Trustees, Sweetwater County School District No 2 Superintendent. (Cowper, Nathan) |
| Filing 25 NOTICE of Attorney Appearance by Nathan Robert Cowper on behalf of Sweetwater County School District No 2 Board of Trustees, Sweetwater County School District No 2 Superintendent (Cowper, Nathan) |
| Filing 24 NOTICE of Attorney Appearance by Richard D Bush on behalf of Sweetwater County School District No 2 Board of Trustees, Sweetwater County School District No 2 Superintendent (Bush, Richard) |
| Filing 23 MOTION to Dismiss for Lack of Jurisdiction, or in the Alternative Failure to State a Claim Upon Which Relief Can be Granted attorney Brianne C. Phillips appearing for Uinta County School District No 6 Board of Trustees, Uinta County School District No 6 Superintendent, filed by Defendants Uinta County School District No 6 Board of Trustees, Uinta County School District No 6 Superintendent. (Phillips, Brianne) |
| Filing 22 MEMORANDUM in Support of #23 Motion to Dismiss/Lack of Jurisdiction, filed by Defendants Uinta County School District No 6 Board of Trustees, Uinta County School District No 6 Superintendent. (Phillips, Brianne) Modified on 12/2/2021 (Court Staff, sal). |
| Filing 21 FILING ERROR - disregard. First MOTION to Dismiss for Lack of Jurisdiction, attorney Brianne C. Phillips appearing for Uinta County School District No 6 Board of Trustees, Uinta County School District No 6 Superintendent, filed by Defendants Uinta County School District No 6 Board of Trustees, Uinta County School District No 6 Superintendent. (Phillips, Brianne) Modified on 12/2/2021 (Court Staff, sal). |
| Filing 20 (TEXT-ONLY) ORDER by the Honorable Nancy D Freudenthal. The unopposed oral motion for extension of the Albany County School District No. 1 Superintendent and Board of Trustees deadline to file a responsive pleading to the amended complaint to and including December 16, 2021 is GRANTED. (Court Staff, sal) Text modified on 12/6/2021 (Court Staff, sal). |
| Filing 19 NOTICE of Attorney Appearance by John W Fairless on behalf of Albany County School District No 1 Board of Trustees, Albany County School District No 1 Superintendent (Fairless, John) |
| Filing 18 NOTICE of Attorney Appearance by Jackson Matthew Engels on behalf of Wyoming Department of Health Interim Director, Wyoming Department of Health State Health Officer (Engels, Jackson) |
| Filing 17 MEMORANDUM in Support of #15 Motion to Dismiss Case filed by Defendants Wyoming Department of Health Interim Director, Wyoming Department of Health State Health Officer. (Schelhaas, Ryan) |
| Filing 16 BRIEF In Support re #13 Motion to Dismiss, filed by Defendants Laramie County School District No 1 Board of Trustees, Laramie County School District No 1 Superintendent. (Attachments: #1 Exhibit A, #2 Exhibit B) (Coppede, John) |
| Filing 15 MOTION to Dismiss Case, filed by Defendants Wyoming Department of Health Interim Director, Wyoming Department of Health State Health Officer. (Schelhaas, Ryan) |
| Filing 14 NOTICE of Attorney Appearance by Ryan T Schelhaas on behalf of Wyoming Department of Health Interim Director, Wyoming Department of Health State Health Officer (Schelhaas, Ryan) |
| Filing 13 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6), or alternatively Fed. R. Civ. P. 21 filed by Defendants Laramie County School District No 1 Board of Trustees, Laramie County School District No 1 Superintendent. (Coppede, John) |
| Filing 12 NOTICE of Attorney Appearance by John A Coppede on behalf of Laramie County School District No 1 Board of Trustees, Laramie County School District No 1 Superintendent (Coppede, John) |
| Filing 11 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(5) attorney Megan Overmann Goetz and Crystal D. Stewart appearing for Sheridan Police Department, filed by Defendant Sheridan Police Department. (Attachments: #1 Proposed Order)(Goetz, Megan) |
| Filing 10 (TEXT-ONLY) ORDER by the Honorable Nancy D Freudenthal terminating #4 Motion for Preliminary Injunction. As Plaintiffs did not file any returns per the order on LR 4.1 (ECF No. 7), it appears that the docketing of the amended complaint as a combined pleading and motion was a clerical error by the court. As such, the #4 Motion for preliminary injunction is terminated without prejudice to Plaintiffs filing a properly briefed motion under Rule 65. (Court Staff, sal) |
| Filing 9 MOTION to Dismiss for Lack of Jurisdiction, filed by Defendants Sheridan County School District No 2 Board of Trustees, Sheridan County School District No 2 Superintendent. (Hoopes, Kendal) |
| Filing 8 NOTICE of complexity by Defendants Sheridan County School District No 2 Board of Trustees, Sheridan County School District No 2 Superintendent ; this case is non-complex. (Hoopes, Kendal) |
| Filing 7 (TEXT-ONLY) ORDER by the Honorable Nancy D Freudenthal. By November 23, 2021, Plaintiffs shall comply with Local Rule 4.1(b) requiring the return of service contemporaneously with the filing of any motions and in no event not later than the time within which the party served must respond. (Court Staff, sal) |
| Filing 6 NOTICE of Attorney Appearance by Kendal Royce Hoopes on behalf of Sheridan County School District No 2 Board of Trustees, Sheridan County School District No 2 Superintendent (Hoopes, Kendal) |
| Filing 5 NOTICE of Attorney Appearance by L Kathleen Chaney on behalf of Albany County School District No 1 Board of Trustees, Albany County School District No 1 Superintendent (Chaney, L) |
| Filing 4 AMENDED COMPLAINT, MOTION for Preliminary Injunction and Declaratory Judgment and Demand for Jury Trial against All Defendants filed by Laura Pavey, Carleigh Boucher, Andy Smith, Grace Smith, Renee Buchli, Shelta Rambur, Bobbi Dockins, Jessica McComb, Tiffany Leimback, Candi Kusler, Tamara Weaver (Court Staff, sbh) Modified into pending motion on 11/9/2021 (Court Staff, sbh). |
| Filing 3 Notice of Judge Assignment and Consent to Proceed before a Magistrate Judge. The case has been assigned to the Honorable Nancy D. Freudenthal with a referral to Magistrate Judge Kelly H. Rankin. (Court Staff, stmo) |
| Filing 2 Summonses (9) Issued (Court Staff, stmo) |
| Filing 1 COMPLAINT, MOTION for Preliminary Injunction and Declaratory Judgment and Demand for Jury Trial filed by Plaintiffs. (Filing fee $ 402,Receipt Number AWYDC-2020398)Attorney Nick Edward Beduhn added to Plaintiffs, filed by Grace Smith, Andy Smith, Shelta Rambur, Tiffany Leimback, Tamara Weaver, Renee Buchli, Carliegh Boucher, Jessica McComb, Bobbi Dockins, Candi Kusler and Laura Pavey. (Attachments: #1 Appendix, #2 Appendix, #3 Appendix, #4 Appendix, #5 Appendix, #6 Appendix, #7 Appendix, #8 Appendix, #9 Appendix, #10 Appendix, #11 Appendix, #12 Appendix, #13 Appendix, #14 Appendix, #15 Affidavit, #16 Affidavit, #17 Affidavit, #18 Appendix, #19 Affidavit, #20 Affidavit, #21 Affidavit) (Beduhn, Nick) Modified text/filers and changed event to motion on 11/3/2021 (Court Staff, sjlg). (Additional attachment(s) added on 11/3/2021: #22 Civil Cover Sheet) (Court Staff, stmo). Modified on 11/9/2021 (Court Staff, sbh). |
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