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| SCHEDO |
Fraunfelder v. City of Mobile, Alabama Assigned to: Chief Judge Callie V. S. Granade Referred to: Magistrate Judge Bert W. Milling, Jr Cause: 42:1983 Civil Rights Act |
Date Filed: 05/31/2006 Jury Demand: None Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question |
| Plaintiff | ||
| Richard Garner Fraunfelder | represented by | Richard Garner Fraunfelder 5857 Shadesview Drive Mobile, AL 36608 Email: rgarner11@comcast.net PRO SE |
V. |
||
| Defendant | ||
| City of Mobile, Alabama | represented by | Erin Brook Fleming Galloway, Wettermark, Everest, Rutens & Gaillard, LLP P. O. Box 16629 Mobile, AL 36616-0629 251-476-4493 Fax: 251-479-5566 Email: efleming@gallowayllp.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Thomas O. Gaillard, III Galloway, Wettermark, Everest, Rutens & Gaillard, LLP 3263 Cottage Hill Road (36606) P.O. Box 16629 Mobile, AL 36616-0629 (251) 476-4493 Fax: 251-479-5566 Email: tgaillard@gallowayllp.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
| 04/24/2006 | 1Â | COMPLAINT against City of Mobile, Alabama, filed by Richard Garner Fraunfelder.(tot,) (Entered: 04/26/2006) |
| 04/24/2006 | 2Â | MOTION for Leave to Proceed in forma pauperis by Richard Garner Fraunfelder. (Referred to Judge Milling(PSU) on 4/26/06)(tot,) (Entered: 04/26/2006) |
| 05/31/2006 | 3Â | ORDER granting 2 Motion for Leave to Proceed Without Prepayment of fees, and directing Clerk to serve deft. in accordance with the standing order dated February 1, 1994. Signed by Judge Bert W. Milling Jr. on 05/30/2006. (mab) (Entered: 06/01/2006) |
| 06/01/2006 | 4Â | REQUEST FOR WAIVER of Service sent to City of Mobile, AL, c/o City Clerk on 6/1/2006. Waiver of Service due by 7/3/2006. (Attachment: #(1) Waiver)(mab) (Entered: 06/01/2006) |
| 06/15/2006 | 5Â | NOTICE of Appearance by Erin Brook Fleming on behalf of City of Mobile, Alabama (Fleming, Erin) (Entered: 06/15/2006) |
| 06/15/2006 | 6Â | WAIVER OF SERVICE OF SUMMONS & NOTICE of Appearance by Thomas O. Gaillard, III on behalf of City of Mobile, Alabama (Gaillard, Thomas) Modified on 6/15/2006 (mab) (Entered: 06/15/2006) |
| 06/15/2006 | Â | Answer due from City of Mobile, Alabama on 7/31/2006. (mab) (Entered: 06/15/2006) |
| 06/20/2006 | 7Â | MOTION to Dismiss by City of Mobile, Alabama. (Gaillard, Thomas) (Entered: 06/20/2006) |
| 06/20/2006 | 8Â | Brief re 7 MOTION to Dismiss filed by City of Mobile, Alabama. (Gaillard, Thomas) (Entered: 06/20/2006) |
| 06/20/2006 | 9Â | MOTION Motion to Suspend Discovery by City of Mobile, Alabama. (Gaillard, Thomas) (Entered: 06/20/2006) |
| 06/20/2006 | Â | REFERRAL OF 9 MOTION to Suspend Discovery to Judge Milling. (mab) (Entered: 06/20/2006) |
| 06/21/2006 | 10Â | ENDORSED ORDER granting 9 Motion. The Clerk is directed to withhold entering a preliminary scheduling order until the Court has ruled on the pending motion to dismiss . Signed by Judge Bert W. Milling Jr. on 6/21/2006. (Milling, Bert) (Entered: 06/21/2006) |
| 06/22/2006 | 11Â | Order re: 7 MOTION to Dismiss filed by City of Mobile, Alabama; response due by 7/6/2006. Signed by Judge Callie V. S. Granade on 6/22/06. (copies to parties on 6/23/06)(tot,) (Entered: 06/23/2006) |
| 07/07/2006 | 12Â | MOTION for Extension of Time to File Response to 7 MOTION to Dismiss by Richard Garner Fraunfelder; Referred to Judge Granade(mab) (Entered: 07/07/2006) |
| 07/07/2006 | 13Â | ENDORSED ORDER granting 12 Motion for Extension of Time to File Response to defendant's Motion to Dismiss 7 . Plaintiff's Response to the Motion to Dismiss to be filed on or before August 2, 2006. Signed by Judge Callie V. S. Granade on 07/07/2006. (jts, ) (Entered: 07/07/2006) |
| 08/02/2006 | 14Â | RESPONSE in Opposition to 7 MOTION to Dismiss filed by Richard Garner Fraunfelder. (Ref to J/Granade on 8/3/06) (tot,) (Entered: 08/03/2006) |
| 01/25/2007 | 15Â | ORDER DENYING Dft's 7 Motion to Dismiss as set out. Signed by Judge Callie V. S. Granade on 1/25/07. (copies to parties on 1/25/07) (tot) (Entered: 01/25/2007) |
| 01/25/2007 | Â | Answer due from City of Mobile, Alabama on 2/8/2007. (mab) (Entered: 01/25/2007) |
| 01/25/2007 | 16Â | PRELIMINARY SCHEDULING ORDER entered. Rule 26 Meeting Report due by 3/12/2007. Signed by Judge Bert W. Milling Jr. on 01/25/2007. (Attachment: #(1) consent form) (mab) (Entered: 01/25/2007) |
| 01/30/2007 | 17Â | ANSWER to Complaint by City of Mobile, Alabama. (Gaillard, Thomas) (Entered: 01/30/2007) |
| 03/12/2007 | 18Â | REPORT of Rule 26(f) Planning Meeting. (Fleming, Erin) (Entered: 03/12/2007) |
| 03/13/2007 | 19Â | Order, Scheduling Conference set for 3/21/2007 at 09:00 AM in Courtroom 3B before Magistrate Judge Bert W. Milling Jr. Signed by Judge Bert W. Milling Jr. on 3/13/07. (tot) (Entered: 03/14/2007) |
| 03/21/2007 | Â | Minute Entry for proceedings held before Judge Bert W. Milling Jr.: Scheduling Conference held on 3/21/2007. FTR Digital Audio Recording. (clr) (Entered: 03/21/2007) |
| 04/02/2007 | 20Â | SCHEDULING ORDER: Pretrial Conference set for 2/11/2008 at 10:30 AM. Amended Pleadings due by 5/18/2007. Discovery cutoff 8/24/2007. Motions due by 7/14/2007. Jury Selection set for 3/4/2008 at 08:45 AM. Trial set for sometime during the month of March 2008, the specific date to be set once the total number of actions going to trial that month is determined. ETT: 3 Days. Position Regarding Settlement due by 8/24/2007. Signed by Judge Bert W. Milling Jr. on 3/30/07. (Attachment: # 1 Special Requirements for Final Pretrial Conferences) (tot) (Entered: 04/03/2007) |
| 04/03/2007 | 21Â | Notice of Filing Initial Disclosures of City of Mobile filed by City of Mobile, Alabama. (Gaillard, Thomas) (Entered: 04/03/2007) |
| 04/03/2007 | 22Â | Notice of Filing Defendant's First Set of Interrogatories and Request for Production to Plaintiff filed by City of Mobile, Alabama. (Gaillard, Thomas) (Entered: 04/03/2007) |
| 04/03/2007 | 23Â | Order CORRECTING 20 Scheduling Order to reflect that any motions for summary judgment or other dispositive motions are to be filed NLT 9/14/2007. Signed by Judge Bert W. Milling Jr. on 4/3/07. (tot) (Entered: 04/04/2007) |
| 04/12/2007 | 24Â | Brief initial disclosure statement filed by Richard Garner Fraunfelder. (Fraunfelder, Richard) (Entered: 04/12/2007) |
| 05/30/2007 | 25Â | MOTION for Hearing before Magistrate Judge Motion for closed ex part hearing by Richard Garner Fraunfelder. (Fraunfelder, Richard) (Entered: 05/30/2007) |
| 05/30/2007 | Â | MOTIONS REFERRED: 25 MOTION for Hearing before Magistrate Judge Motion for closed ex part hearing Referred to Judge Bert W. Milling, Jr. (mab) (Entered: 05/30/2007) |
| 06/04/2007 | 26Â | Amended MOTION for Hearing before Magistrate Judge MOTION FOR EX PART MEETING by Richard Garner Fraunfelder. (Fraunfelder, Richard) (Entered: 06/04/2007) |
| 06/04/2007 | 27Â | RESPONSE in Opposition re 26 Amended MOTION for Hearing before Magistrate Judge MOTION FOR EX PART MEETING filed by City of Mobile, Alabama. (Gaillard, Thomas) (Entered: 06/04/2007) |
| 06/04/2007 | Â | MOTIONS REFERRED: Plaintiff's 25 Amended MOTION for Hearing before Magistrate Judge Motion for closed ex part hearing Referred to Judge Bert W. Milling, Jr. and Defendant's 27 Response in Opposition to Motion Motion for Ex Parte Meeting to Judge Milling. (mab) (Entered: 06/04/2007) |
| 06/08/2007 | 28Â | Amended MOTION for Hearing before Magistrate Judge re 25 MOTION for Hearing before Magistrate Judge Motion for closed ex part hearing, 26 Amended MOTION for Hearing before Magistrate Judge MOTION FOR EX PART MEETING, 27 Response in Opposition to Motion Motion for Partially Ex Parte Meeting by Richard Garner Fraunfelder. (Fraunfelder, Richard) (Entered: 06/08/2007) |
| 06/08/2007 | Â | MOTIONS REFERRED: 28 Amended MOTION for Partially Ex Parte Meeting & Response to Dft's Response referred to Judge Bert W. Milling, Jr. (tot) (Entered: 06/08/2007) |
| 06/12/2007 | 29Â | ORDER DENYING Plf's 25 Motion for "Closed" Ex Parte Hearing, Plf's 26 Motion for Ex Parte Meeting & Plf's 28 Motion for Partially Ex Parte Meeting as set out. Signed by Judge Bert W. Milling Jr. on 6/12/07. (tot) (Entered: 06/12/2007) |
| 07/15/2007 | 30Â | MOTION for Extension of Time to File MOTIONS by Richard Garner Fraunfelder. (Fraunfelder, Richard) (Entered: 07/15/2007) |
| 07/16/2007 | Â | MOTIONS REFERRED: 30 MOTION for Extension of Time to File Motions referred to Judge Bert W. Milling, Jr. (tot) (Entered: 07/16/2007) |
| 07/16/2007 | 31Â | ENDORSED ORDER granting 30 Motion for Extension of Time and EXTENDING the date by which any party is to file dispositive motions to July 27, 2007. Signed by Judge Bert W. Milling Jr. on 7/16/2007. (vlh) WITHDRAWN ON 7/16/07 - SEE DOC. 32. Modified on 7/17/2007 (tot,). (Entered: 07/16/2007) |
| 07/16/2007 | 32Â | Order WITHDRAWING 31 Order & DENYING Plf's 30 MOTION for Extension of Time to File Motions as set out. Signed by Judge Bert W. Milling Jr. on 7/16/07. (tot) (Entered: 07/17/2007) |
| 07/26/2007 | 33Â | Notice of Filing First Production and Service filed by Richard Garner Fraunfelder. (Fraunfelder, Richard) (Entered: 07/26/2007) |
| 08/28/2007 | 34Â | Notice of Filing Defendant's Response to Plaintiff's Request for Production of Documents filed by City of Mobile, Alabama. (Gaillard, Thomas) (Entered: 08/28/2007) |
| 08/30/2007 | 35Â | Order, the parties are again ORDERED to file a joint settlement statement NLT 9/14/2007 & show cause why they did not timely comply w/the Rule 16(b) Scheduling Order. Signed by Judge Bert W. Milling Jr. on 8/30/07. (tot) (Entered: 08/31/2007) |
| 09/14/2007 | 36Â | Position Regarding Settlement filed by City of Mobile, Alabama. (Fleming, Erin) (Entered: 09/14/2007) |
| 09/14/2007 | 37Â | Document endorsed NOTED by Judge Bert W. Milling Jr.: Position Regarding Settlement 36 filed by City of Mobile, Alabama (vlh) (Entered: 09/14/2007) |
| 09/14/2007 | 38Â | MOTION for Summary Judgment by City of Mobile, Alabama. (Fleming, Erin) (Entered: 09/14/2007) |
| 09/14/2007 | 39Â | Brief re 38 MOTION for Summary Judgment filed by City of Mobile, Alabama. (Fleming, Erin) (Entered: 09/14/2007) |
| 09/14/2007 | 40Â | Proposed Findings of Fact re 38 MOTION for Summary Judgment by City of Mobile, Alabama filed by City of Mobile, Alabama. (Fleming, Erin) (Entered: 09/14/2007) |
| 09/14/2007 | 41Â | Evidentiary Material filed by City of Mobile, Alabama re: 38 MOTION for Summary Judgment. (Attachments: # 1 Affidavit of D'alo Green) (Fleming, Erin) (Entered: 09/14/2007) |
| 09/14/2007 | 42Â | Order re 38 MOTION for Summary Judgment setting response time as follows: Response to S/J due by 10/4/2007. Replies to Response to S/J due by 10/15/2007. Motion to be taken under submission on 10/16/2007. Signed by Judge Callie V. S. Granade on 09/14/2007. (mab) (Entered: 09/14/2007) |
| 10/05/2007 | 43Â | RESPONSE in Opposition re 38 MOTION for Summary Judgment out of time, and to be amended filed by Richard Garner Fraunfelder. (Fraunfelder, Richard) (Entered: 10/05/2007) |
| 10/05/2007 | 44Â | AFFIDAVIT in Opposition re 38 MOTION for Summary Judgment out of place and out of time, will plead for time and more, having difficulties filed by Richard Garner Fraunfelder. (Fraunfelder, Richard) (Entered: 10/05/2007) |
| 10/05/2007 | 45Â | MOTION for Extension of Time to File out of time and-or extension by Richard Garner Fraunfelder. (Fraunfelder, Richard) (Entered: 10/05/2007) |
| 10/06/2007 | 46Â | Corrected 45 MOTION for Extension of Time to File out of time and-or extension my computer mistake, doc45 pdf conversion left p.3-5 blank, I failed to check before submitting, I appologize; I realized the mistake late Friday night as I checked my email for case activity and fortunately after viewing the free-look, of my previously filed document, I observed that page 3,4,and5 were blank, I appologize, s/rgf by Richard Garner Fraunfelder. (Fraunfelder, Richard) Modified on 10/9/2007 (tot,). (Entered: 10/06/2007) |
| 10/09/2007 | 47Â | ENDORSED ORDER granting 46 Amended Request for Leave of Court; Request to File Documents Out of Time; Request for Extension of Time to File. Plaintiff's deadline for response to 38 motion for summary judgment is extended to 10/23/2007. Defendant's deadline to file reply is extended to November 2, 2007. Signed by Judge Callie V. S. Granade on 10/9/2007. (mab) (Entered: 10/09/2007) |
| 10/24/2007 | 48Â | Statement of Disputed Facts re: 38 MOTION for Summary Judgment by Richard Garner Fraunfelder filed by Richard Garner Fraunfelder. (Attachments: # 1 Appendix Jennifer D Dycus fliled affidavit of statements in conflict with Defendant's affidavit stated facts) (Fraunfelder, Richard) (Entered: 10/24/2007) |
| 10/24/2007 | 49Â | RESPONSE in Opposition re 38 MOTION for Summary Judgment out of time-late with difficulties-also there is more info- but here, the two documents are the same as doc 48, except I corrected the certificate of service only, but with the court's extreme mercy I will explain, the natural disaster act on 10/22/2007 at my residence, and the filing difficulties, and add motion for leave, for late and out of time, even though it has already been granted once, I'm so sorry about this messy and confusing communication, rgf filed by Richard Garner Fraunfelder. (Attachments: # 1 Exhibit JenniferDFraunfelder's affidavit which conflicts with Green's affidavit and shows that there was no cause for arrest, nullifying motion for sum judgement) (Fraunfelder, Richard) (Entered: 10/24/2007) |
| 10/24/2007 | 50Â | RESPONSE in Opposition re 38 MOTION for Summary Judgment NATURAL DISASTER AND OTHER HAPPENINGS filed by Richard Garner Fraunfelder. (Fraunfelder, Richard) (Entered: 10/24/2007) |
| 10/24/2007 | Â | MOTION for 1 Day Extension, or Late Filing, Due to a Tree Falling on Plaintiff's House on 10/22/2007 from Winds and Thunderstorm by Richard Garner Fraunfelder;. Referred to Judge Callie V. S. Granade. (image at doc. 48 ) (mab) (Entered: 10/25/2007) |
| 10/24/2007 | Â | MOTION for Extension of Time to submit disputed facts, objections to evidence, and others in opposition to M/SJ by Richard Garner Fraunfelder; Referred to Judge Callie V. S. Granade. (image at Doc. 50 ) (mab) (Entered: 10/25/2007) |
| 10/26/2007 | 51Â | ENDORSED ORDER granting plaintiff's 48 Motion for leave to file response in opposition to 38 motion for summary judgment one day out of time; and granting plaintiff's 50 Motion for Extension of Time to supplement his response in opposition. Plaintiff's supplemental response in opposition shall be filed no later than 11/9/2007. Defendant's deadline for filing a reply is extended to 11/19/2007. Signed by Judge Callie V. S. Granade on 10/26/2007. (mab) (Entered: 10/26/2007) |
| 11/10/2007 | 52Â | BRIEF in Opposition re 38 MOTION for Summary Judgment out of time opposition filed by Richard Garner Fraunfelder. (Fraunfelder, Richard) Modified on 11/13/2007 (tot,). (Entered: 11/10/2007) |
| 11/10/2007 | 53Â | RESPONSE in Opposition re 38 MOTION for Summary Judgment Richard Fraunfelder and Jennifer Fraunfelder in Opposition filed by Richard Garner Fraunfelder. (Fraunfelder, Richard) (Entered: 11/10/2007) |
| 11/10/2007 | 54Â | NOTICE of Filing Exhibits video that supports plaintiff's opposition, shows that each fact of finding 1-4 is false, untruthful, that each of the police report statements are full of falsities, shows the violation of civil rights, the entire digital camera video recording, I was unable to edit the file to specific events, I appologize by Richard Garner Fraunfelder re: 52 Affidavit in Opposition to Motion filed by Richard Garner Fraunfelder. (Fraunfelder, Richard) (2 DISKS RECEIVED ON 11/9/07 & PLACED IN RED FILE FOLDER) Modified on 11/13/2007 (tot,). (Entered: 11/10/2007) |
| 11/13/2007 | 55Â | Notice of Filing evidence service on 04/02/2007 filed by Richard Garner Fraunfelder. (Fraunfelder, Richard) (Entered: 11/13/2007) |
| 11/13/2007 | 56Â | RESPONSE in Opposition re 38 MOTION for Summary Judgment out of time and with leave court to allow to replace 52 ; had major mistakes including being submitted 5 minutes after midnight, hence a incorrect cert. of service, if the court will allow filed by Richard Garner Fraunfelder. (Fraunfelder, Richard) (Entered: 11/13/2007) |
| 11/13/2007 | 57Â | RESPONSE in Opposition re 38 MOTION for Summary Judgment out of time and with leave court to allow to replace 53 ; had major mistakes including being submitted 10-20 minutes after midnight, hence a incorrect cert. of service, if the court will allow filed by Richard Garner Fraunfelder. (Fraunfelder, Richard) (Entered: 11/13/2007) |
| 11/20/2007 | 58Â | MOTION for Leave to File Reply Out of Time by City of Mobile, Alabama. (Gaillard, Thomas) (Entered: 11/20/2007) |
| 11/20/2007 | 59Â | REPLY Brief filed by Defendant City of Mobile, Alabama re: 38 MOTION for Summary Judgment filed by City of Mobile, Alabama. (Gaillard, Thomas) (Entered: 11/20/2007) |
| 11/20/2007 | 60Â | ENDORSED ORDER granting 58 Motion for Leave to File Reply Out of Time. Signed by Judge Callie V. S. Granade on 11/20/07. (tot) (Entered: 11/20/2007) |
| 11/26/2007 | 61Â | Proposed MOTION for Hearing before District Judge re 59 Reply Brief several matters: attorney conduct, initial disclosure, dicovery/adr, appointed attorney, by Richard Garner Fraunfelder. (Fraunfelder, Richard) (Entered: 11/26/2007) |
| 11/26/2007 | Â | MOTION to Appoint Counsel by Richard Garner Fraunfelder (SEE IMAGE AT DOC. 61 ). (tot) (Entered: 11/27/2007) |
| 11/28/2007 | 62Â | ORDER DENYING Plf's 61 Motion for Hearing as set out & DENYING Plf's 61 Motion for Appointment of Counsel as set out. Plf may renew his motion for appointment of counsel if the case survives summary judgment. Signed by Judge Callie V. S. Granade on 11/28/07. (copy mailed to Plf on 11/29/07) (tot) (Entered: 11/29/2007) |
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doc28-MOTION_FOR_PARTIALLY_EX_PARTE_MEETING.pdf
doc1-PlaintiffsRoughCOMPLAINT.pdf
doc10-Clerk is directed to withhold entering a preliminary scheduling order until the Court has ruled on the pending motion to dismiss.txt
image
doc21Initial Disclosures of Defendant City of Mobile-none.pdf
doc6-WAIVEROFSERVICEOFSUMMONSANDAPPEARANCEOFCOUNSEL.pdf
doc25-PlaintiffMotionForClosedExPartHearing.pdf
doc2-MOTIONTOPROCEEDWITHOUTPREPAYMENTOFFEES.pdf
doc14-plaintiff's-answer-opp-mot-to-dismiss.pdf
doc16b-NOTICE OF AVAILABILITY OF A UNITED STATES MAGISTRATE JUDGE.pdf
doc17-answertocomplaint.pdf
doc26-email-notice-Activity in Case 1_06-cv-00256-CG-M Fraunfelder v_ City of Mobile, Alabama Motion for Hearing before Magistrate Judge.htm
doc16-prelim-scheduling-order.pdf
UNITED-STATES-DISTRICT-COURT-SDAL-LOCAL_RULES.doc
doc1-show_case_doc.pdf
doc14-schedulingorder.pdf
doc20--ORDER--RULE_16(b)_SCHEDULING_ORDER.pdf
42sect1983-related_docs
doc7-MOTIONTODISMISS2.pdf
Docket_Text
doc20-ORDER--pretrial-conferences--prevailing-requirements--set-before-Judge-Callie-V-S-Granade.pdf
doc26-FILED-motionforexpartmeeting.pdf
doc18-reportofpartiesplanningmeeting.pdf
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doc28-Docket-Text.rtf
doc11-ordertoanswer.pdf
doc9-MotionforMiscellaneousRelief.pdf
doc27-email-notice-Activity in Case 1_06-cv-00256-CG-M Fraunfelder v_ City of Mobile, Alabama Motions Referred.htm
doc29-PlaintiffsMotionforClosedExParte-DENIED.pdf
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doc22-Defendant’sfirstSetofInterrogatoriesandRequestforProduction.pdf
doc3-OrderonMotionforLeavetoProceedinformapauperis.pdf
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doc12-motionforextensionoftime.pdf
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doc23-corrected-CourtsRule16b-due-09142007.pdf
granting 12 Motion for Extension of Time to File Response .txt
doc21-Initial Disclosures of Defendant City of Mobile-none.pdf
doc15-order-mot-to-dismiss-denied.pdf
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doc4-1RequestforWaiverofService1.pdf
alsd-Administrative-Procedure.pdf
doc20-NoticeofDiscoveryServicefromdef.pdf
doc7-MOTIONTODISMISS.pdf
doc5-NOTICEOFNOTICEOFAPPEARANCE.pdf
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doc28-FILED-MOTION_FOR_PARTIALLY_EX_PARTE_MEETING.pdf
doc27-DEFENDANT’SRESPONSETOPLAINTIFF'S'MOTIONFOREXPARTMEETING'.pdf
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doc20-Docket-Text.rtf
doc20-Docket-Text.txt
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