AMERICAN COUNCIL OF LIFE INSURERS v. DISTRICT OF COLUMBIA HEALTH BENEFIT EXCHANGE AUTHORITY et al
| District Of Columbia District Court | |
| Judge: | Beryl A Howell |
| Case #: | 1:14-cv-01138 |
| Nature of Suit | 950 Other Statutes - Constitutionality of State Statutes |
| Cause | 28:1331 Fed. Question |
| Case Filed: | Jul 03, 2014 |
| Terminated: | Nov 14, 2014 |
| Last checked: Monday Jan 19, 2015 8:40 AM EST |
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Defendant
DISTRICT OF COLUMBIA
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Represented By
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Defendant
DISTRICT OF COLUMBIA HEALTH BENEFIT EXCHANGE AUTHORITY
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Represented By
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Defendant
EXECUTIVE BOARD OF THE DISTRICT OF COLUMBIA HEALTH BENEFIT EXCHANGE AUTHORITY
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Represented By
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Defendant
VINCENT C. GRAY
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Represented By
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Defendant
MILA KOFMAN
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Represented By
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Defendant
DIANE C LEWIS
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Represented By
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Plaintiff
AMERICAN COUNCIL OF LIFE INSURERS
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Represented By
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GPO
Nov 13 2014
MEMORANDUM OPINION regarding defendants' 25 Motion to Dismiss and the plaintiff's 11 Motion for Preliminary Injunction and 32 Emergency Motion for Preliminary Injunction. Signed by Judge Beryl A. Howell on November 13, 2014. (lcbah3) |
| Docket last updated: 04/24/2024 11:59 PM EDT |
| Tuesday, April 12, 2016 | ||
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order
.Order
Tue 04/12 5:30 PM
MINUTE ORDER (paperless) DISMISSING this case for lack of jurisdiction, in accordance with the40 Judgment of the D.C. Circuit. Signed by Chief Judge Beryl A. Howell on April 12, 2016. (lcbah3) |
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| Friday, April 08, 2016 | ||
| 40 | 40
appeal
USCA Mandate
Tue 04/12 1:53 PM
MANDATE of USCA (certified copy) ORDERED and ADJUDGED that the judgment of the District Court appealed from in this cause be vacated for lack of jurisdiction and the case is hereby remanded to the District Court with instructions to dismiss the case for lack of jurisdiction, in accordance with the opinion of the court filed herein this date. as to38 Notice of Appeal to DC Circuit Court, filed by AMERICAN COUNCIL OF LIFE INSURERS. USCA Case Number 14-7206 (zrdj) |
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| Wednesday, December 24, 2014 | ||
| USCA Case Number 14-7206 for38 Notice of Appeal to DC Circuit Court, filed by AMERICAN COUNCIL OF LIFE INSURERS. (rd) | ||
| Monday, December 15, 2014 | ||
| 39 | 39
appeal
Transmission of Notice of Appeal and Docket Sheet to USCA
Mon 12/15 11:50 AM
Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date re38 Notice of Appeal to DC Circuit Court. (rdj) |
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| Friday, December 12, 2014 | ||
| 38 | 38
appeal
Notice of Appeal to DC Circuit
Fri 12/12 5:14 PM
NOTICE OF APPEAL TO DC CIRCUIT COURT as to37 Order on Motion to Dismiss, Order on Motion for Preliminary Injunction,,,,36 Memorandum & Opinion by AMERICAN COUNCIL OF LIFE INSURERS. Filing fee $ 505, receipt number 0090-3934937. Fee Status: Fee Paid. Parties have been notified. (Clement, Paul) |
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| Thursday, November 13, 2014 | ||
| 37 | 37
ORDER GRANTING the defendants'25 Motion to Dismiss and DENYING AS MOOT plaintiff's11 Motion for Preliminary Injunction and32 Emergency Motion for Preliminary Injunction. The Clerk of the Court is directed to close the case. See Order for further details. Signed by Judge Beryl A. Howell on November 13, 2014. (lcbah3)
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| 36 | 36
65
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MEMORANDUM OPINION regarding defendants'25 Motion to Dismiss and the plaintiff's11 Motion for Preliminary Injunction and32 Emergency Motion for Preliminary Injunction. Signed by Judge Beryl A. Howell on November 13, 2014. (lcbah3)
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| Monday, November 10, 2014 | ||
| 35 | 35
TRANSCRIPT OF PRELIMINARY INJUNCTION MOTION before Judge Beryl A. Howell held on July 29, 2014; Page Numbers: 1-78. Date of Issuance: November 10, 2014. Court Reporter: Chantal M. Geneus, Telephone number (202) 354-3244, Court Reporter Email Address : chantal_geneus@dcd.uscourts.gov. For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at ww.dcd.uscourts.gov. Redaction Request due 12/1/2014. Redacted Transcript Deadline set for 12/11/2014. Release of Transcript Restriction set for 2/8/2015.(Geneus, Chantal)
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| Friday, October 10, 2014 | ||
| 34 | 34
REPLY to opposition to motion re32 Emergency MOTION for Preliminary Injunction Supplemental filed by AMERICAN COUNCIL OF LIFE INSURERS. (Schlueter, Daniel)
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| Tuesday, October 07, 2014 | ||
| 33 | 33
6
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Memorandum in opposition to re32 Emergency MOTION for Preliminary Injunction Supplemental filed by DISTRICT OF COLUMBIA, DISTRICT OF COLUMBIA HEALTH BENEFIT EXCHANGE AUTHORITY, EXECUTIVE BOARD OF THE DISTRICT OF COLUMBIA HEALTH BENEFIT EXCHANGE AUTHORITY, VINCENT C. GRAY, MILA KOFMAN, DIANE C LEWIS.(Saindon, Andrew)
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Att: 1
Exhibit Senkewicz Declaration,
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Att: 2
Exhibit Sample Notice of Receipt of Request for Reconsideration,
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Att: 3
Text of Proposed Order
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| Monday, September 29, 2014 | ||
| 32 | 32
Emergency MOTION for Preliminary Injunction Supplemental by AMERICAN COUNCIL OF LIFE INSURERS(Briody, James)
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Att: 1
Text of Proposed Order Proposed Order
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| Tuesday, August 26, 2014 | ||
| 31 | 31
Supplemental Declaration of Theresa Patterson by AMERICAN COUNCIL OF LIFE INSURERS. (jf, )
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| MINUTE ORDER (paperless) GRANTING the plaintiff's30 Unopposed Motion to File Supplemental Declaration. Signed by Judge Beryl A. Howell on August 26, 2014. (lcbah3) | ||
| Monday, August 25, 2014 | ||
| 30 | 30
MOTION for Leave to File Supplemental Declaration by AMERICAN COUNCIL OF LIFE INSURERS(Schlueter, Daniel)
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Att: 1
Exhibit 1 - Supplemental Declaration of Theresa Patterson,
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Att: 2
Text of Proposed Order
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| Friday, August 15, 2014 | ||
| 29 | 29
REPLY to opposition to motion re25 MOTION to Dismiss filed by DISTRICT OF COLUMBIA, DISTRICT OF COLUMBIA HEALTH BENEFIT EXCHANGE AUTHORITY, EXECUTIVE BOARD OF THE DISTRICT OF COLUMBIA HEALTH BENEFIT EXCHANGE AUTHORITY, VINCENT C. GRAY, MILA KOFMAN, DIANE C LEWIS. (Causey, William)
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| Monday, August 11, 2014 | ||
| 28 | 28
30+
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Memorandum in opposition to re25 MOTION to Dismiss filed by AMERICAN COUNCIL OF LIFE INSURERS.(Schlueter, Daniel)
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Att: 1
Declaration of Theresa Patterson
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| Wednesday, July 30, 2014 | ||
| 27 | 27
NOTICE of Joint Proposed Schedule Controlling Defendants' Motion to Dismiss by AMERICAN COUNCIL OF LIFE INSURERS re25 MOTION to Dismiss (Schlueter, Daniel)
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| MINUTE ORDER (paperless) ISSUING, upon consideration of the parties'27 Joint Proposed Schedule Controlling Defendants' Motion to Dismiss, the following SCHEDULING ORDER to control the timing of proceedings in this matter: by August 11, 2014 at 12:00 PM, the plaintiff shall file any opposition to the defendants' motion to dismiss; and, by August 15, 2014, the defendants shall file any reply. Signed by Judge Beryl A. Howell on July 30, 2014. (lcbah3) | ||
| Set/Reset Deadlines: Opposition to Dispositive Motion due by 12:00 PM on 8/11/2014; Reply to Opposition to Dispositive Motion due by 8/15/2014. (tg, ) | ||
| Tuesday, July 29, 2014 | ||
| 26 | 26
ERRATA by DISTRICT OF COLUMBIA, DISTRICT OF COLUMBIA HEALTH BENEFIT EXCHANGE AUTHORITY, EXECUTIVE BOARD OF THE DISTRICT OF COLUMBIA HEALTH BENEFIT EXCHANGE AUTHORITY, VINCENT C. GRAY, MILA KOFMAN, DIANE C LEWIS25 MOTION to Dismiss filed by DISTRICT OF COLUMBIA HEALTH BENEFIT EXCHANGE AUTHORITY, DIANE C LEWIS, VINCENT C. GRAY, EXECUTIVE BOARD OF THE DISTRICT OF COLUMBIA HEALTH BENEFIT EXCHANGE AUTHORITY, DISTRICT OF COLUMBIA, MILA KOFMAN.(Causey, William)
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Att: 1
Exhibit Corrected Motion to Dismiss Complaint
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| Minute Entry for proceedings held before Judge Beryl A. Howell: Motion Hearing held on 7/29/2014 re11 MOTION for Preliminary Injunction filed by AMERICAN COUNCIL OF LIFE INSURERS, and25 MOTION to Dismiss filed by DISTRICT OF COLUMBIA HEALTH BENEFIT EXCHANGE AUTHORITY, DIANE C LEWIS, VINCENT C. GRAY, EXECUTIVE BOARD OF THE DISTRICT OF COLUMBIA HEALTH BENEFIT EXCHANGE AUTHORITY, DISTRICT OF COLUMBIA, MILA KOFMAN. Decision Reserved. (Court Reporter Chantal Geneus.) (tg, ) | ||
| Monday, July 28, 2014 | ||
| 25 | 25
MOTION to Dismiss by DISTRICT OF COLUMBIA, DISTRICT OF COLUMBIA HEALTH BENEFIT EXCHANGE AUTHORITY, EXECUTIVE BOARD OF THE DISTRICT OF COLUMBIA HEALTH BENEFIT EXCHANGE AUTHORITY, VINCENT C. GRAY, MILA KOFMAN, DIANE C LEWIS (Causey, William)
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| Friday, July 25, 2014 | ||
| 24 | 24
REPLY to opposition to motion re11 MOTION for Preliminary Injunction filed by AMERICAN COUNCIL OF LIFE INSURERS. (Briody, James)
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| Friday, July 18, 2014 | ||
| 23 | 23
30+
pgs
Memorandum in opposition to re11 MOTION for Preliminary Injunction filed by DISTRICT OF COLUMBIA, DISTRICT OF COLUMBIA HEALTH BENEFIT EXCHANGE AUTHORITY, EXECUTIVE BOARD OF THE DISTRICT OF COLUMBIA HEALTH BENEFIT EXCHANGE AUTHORITY, VINCENT C. GRAY, MILA KOFMAN, DIANE C LEWIS.(Saindon, Andrew)
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Att: 1
Text of Proposed Order
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| 22 | 22
CERTIFICATE OF SERVICE by AMERICAN COUNCIL OF LIFE INSURERS re11 MOTION for Preliminary Injunction . (Briody, James)
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| 21 | 21
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DISTRICT OF COLUMBIA served on 7/7/2014 (Briody, James)
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| 20 | 20
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the District of Columbia Attorney General. Date of Service Upon District of Columbia Attorney General 7/7/2014. Answer due for ALL D.C. DEFENDANTS by 7/28/2014. (Briody, James)
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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on the Mayor of the District of Columbia. Date of Service Upon the Mayor for the District of Columbia on 7/7/2014. (Briody, James)
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| 18 | 18
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DIANE C LEWIS served on 7/7/2014 (Briody, James)
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| 17 | 17
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. EXECUTIVE BOARD OF THE DISTRICT OF COLUMBIA HEALTH BENEFIT EXCHANGE AUTHORITY served on 7/7/2014 (Briody, James)
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| 16 | 16
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. MILA KOFMAN served on 7/7/2014 (Briody, James)
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| 15 | 15
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DISTRICT OF COLUMBIA HEALTH BENEFIT EXCHANGE AUTHORITY served on 7/7/2014 (Briody, James)
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| Monday, July 14, 2014 | ||
| MINUTE ORDER (paperless) GRANTING the plaintiff's13 Motion for Hearing and ISSUING the following SCHEDULING ORDER to control proceedings related to the plaintiff's11 Motion for Preliminary Injunction. The defendants shall, by July 18, 2014, file any opposition to the plaintiff's11 Motion. The plaintiff shall, by July, 25, 2014, file any reply, and by that date the parties shall seek leave to submit any supplemental affidavits pursuant to LCvR 65.1(d). The parties shall, on July 29, 2014, at 11:30 a.m., appear for a hearing on the plaintiff's11 Motion before the Hon. Beryl A. Howell in Courtroom 15. Signed by Judge Beryl A. Howell on July 14, 2014. (lcbah3) | ||
| Set/Reset Deadlines/Hearings: Defendants' Opposition, if any, to11 Motion for Preliminary Injuction due by 7/18/2014; Reply due by 7/25/2014. Preliminary Injunction Hearing scheduled for 7/29/2014 at 11:30 AM in Courtroom 15 before Judge Beryl A. Howell. (tg, ) | ||
| Friday, July 11, 2014 | ||
| 14 | 14
NOTICE of Joint Proposed Schedule Controlling Preliminary Injunction Proceedings by AMERICAN COUNCIL OF LIFE INSURERS re12 Order, (Briody, James)
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| 13 | 13
MOTION for Hearing re11 MOTION for Preliminary Injunction by AMERICAN COUNCIL OF LIFE INSURERS (Briody, James)
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| Set/Reset Deadlines: Joint Proposed Schedule due by 5:00 PM on 7/15/2014. (tg, ) | ||
| Thursday, July 10, 2014 | ||
| 12 | 12
ORDER Controlling Preliminary Injunction Proceedings. The plaintiff shall, by 5:00 p.m. on July 15, 2014, submit a joint proposed schedule to control further proceedings pertaining to the requested preliminary injunction. See Order for further details and instructions. Signed by Judge Beryl A. Howell on July 10, 2014. (lcbah3)
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| 11 | 11
MOTION for Preliminary Injunction by AMERICAN COUNCIL OF LIFE INSURERS(Briody, James)
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Att: 1
Declaration of Daniel H. Schlueter,
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Att: 2
Exhibit A,
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Att: 3
Exhibit B,
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Att: 4
Exhibit C,
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Att: 5
Exhibit D,
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Att: 6
Exhibit E,
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Att: 7
Exhibit F,
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Att: 8
Exhibit G,
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Att: 9
Exhibit H,
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Att: 10
Exhibit I,
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Att: 11
Exhibit J,
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Att: 12
Declaration of Gary E. Hughes,
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Att: 13
Text of Proposed Order
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| Tuesday, July 08, 2014 | ||
| 10 | 10
NOTICE of Appearance by Andrew J. Saindon on behalf of All Defendants (Saindon, Andrew)
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| Monday, July 07, 2014 | ||
| 9 | 9
STANDING ORDER. Signed by Judge Beryl A. Howell on July 7, 2014. (lcbah3)
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| 8 | 8
SUMMONS (7) Issued Electronically as to DISTRICT OF COLUMBIA, DISTRICT OF COLUMBIA HEALTH BENEFIT EXCHANGE AUTHORITY, EXECUTIVE BOARD OF THE DISTRICT OF COLUMBIA HEALTH BENEFIT EXCHANGE AUTHORITY, VINCENT C. GRAY, MILA KOFMAN, EXECUTIVE BOARD OF THE DISTRICT OF COLUMBIA HEALTH BENEFIT EXCHANGE AUTHORITY, DIANE C LEWIS, District of Columbia Attorney General, and the District of Columbia Mayor. (md, )
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Att: 1
Summons 2nd,
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Att: 2
Summons 3rd,
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Att: 3
Summons 4th,
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Att: 4
Summons 5th,
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Att: 5
Summons 6th,
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Att: 6
Summons 7th,
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Att: 7
Notice of Consent,
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Att: 8
Consent Form
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| Case Assigned to Judge Beryl A. Howell. (md, ) | ||
| MINUTE ORDER (paperless) GRANTING the plaintiff's3 Motion for Admission Pro Hac Vice . Mr. Daniel H. Schlueter, Esq. may enter an appearance pro hac vice for the purpose of representing the plaintiff in this action. Signed by Judge Beryl A. Howell on July 7, 2014.(lcbah3) | ||
| MINUTE ORDER (paperless) GRANTING the plaintiff's4 Motion for Admission Pro Hac Vice . Mr. Todd A. Lard, Esq. may enter an appearance pro hac vice for the purpose of representing the plaintiff in this action. Signed by Judge Beryl A. Howell on July 7, 2014. (lcbah3) | ||
| MINUTE ORDER (paperless) GRANTING the plaintiff's5 Motion for Admission Pro Hac Vice . Ms. A. Pilar Mata, Esq. may enter an appearance pro hac vice for the purpose of representing the plaintiff in this action. Signed by Judge Beryl A. Howell on July 7, 2014. (lcbah3) | ||
| MINUTE ORDER (paperless) GRANTING the plaintiff's6 Motion for Admission Pro Hac Vice . Ms. Vanessa A. Scott, Esq. may enter an appearance pro hac vice for the purpose of representing the plaintiff in this action. Signed by Judge Beryl A. Howell on July 7, 2014. (lcbah3) | ||
| MINUTE ORDER (paperless) GRANTING the plaintiff's7 Motion for Admission Pro Hac Vice . Ms. Barbara A. Smith, Esq. may enter an appearance pro hac vice for the purpose of representing the plaintiff in this action. Signed by Judge Beryl A. Howell on July 7, 2014. (lcbah3) | ||
| Thursday, July 03, 2014 | ||
| 7 | 7
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Barbara A. Smith, :Firm- Bancroft PLLC, :Address- 1919 M Street, NW, Suite 470, Washington, DC 20036. Phone No. - (202) 800-7792. Fax No. - (202) 234-2806 Filing fee $ 100, receipt number 0090-3769356. Fee Status: Fee Paid. by AMERICAN COUNCIL OF LIFE INSURERS(Murphy, Erin)
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Att: 1
Declaration of Barbara A. Smith,
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Att: 2
Text of Proposed Order admitting Barbara A. Smith pro hac vice
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| 6 | 6
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Vanessa A. Scott, :Firm- Sutherland Asbill & Brennan LLP, :Address- 700 Sixth Street NW, Suite 700, Washington DC 20001. Phone No. - 202-383-0215. Fax No. - 202-637-3593 Filing fee $ 100, receipt number 0090-3769173. Fee Status: Fee Paid. by AMERICAN COUNCIL OF LIFE INSURERS (Briody, James)
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| 5 | 5
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- A. Pilar Mata, :Firm- Sutherland Asbill & Brennan LLP, :Address- 700 Sixth Street NW, Suite 700, Washington DC 20001. Phone No. - 202-383-0116. Fax No. - 202-637-3593 Filing fee $ 100, receipt number 0090-3769168. Fee Status: Fee Paid. by AMERICAN COUNCIL OF LIFE INSURERS (Briody, James)
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| 4 | 4
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Todd A. Lard, :Firm- Sutherland Asbill & Brennan LLP, :Address- 700 Sixth Street NW, Suite 700, Washington, DC 20001. Phone No. - 202-383-0909. Fax No. - 202-637-3593 Filing fee $ 100, receipt number 0090-3769159. Fee Status: Fee Paid. by AMERICAN COUNCIL OF LIFE INSURERS (Briody, James)
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| 3 | 3
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Daniel H. Schlueter, :Firm- Sutherland Asbill & Brennan LLP, :Address- 700 Sixth Street NW, Washington, DC 20001. Phone No. - 202-383-0146. Fax No. - 202-637-3593 Filing fee $ 100, receipt number 0090-3769154. Fee Status: Fee Paid. by AMERICAN COUNCIL OF LIFE INSURERS (Briody, James)
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| 2 | 2
Corporate Disclosure Statement by AMERICAN COUNCIL OF LIFE INSURERS. (Briody, James) Modified on 7/8/2014 (rdj).
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| 1 | 1
COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-3769124) filed by AMERICAN COUNCIL OF LIFE INSURERS.(Briody, James)
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Att: 1
Summons,
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Att: 2
Summons,
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Att: 3
Summons,
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Att: 4
Summons,
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Att: 5
Summons,
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Att: 6
Summons,
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Att: 7
Summons,
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Att: 8
Civil Cover Sheet
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