Maniscalco v. New York City Department of Education et al
| New York Eastern District Court | |
| Judge: | Brian M Cogan |
| Case #: | 1:21-cv-05055 |
| Nature of Suit | 950 Other Statutes - Constitutionality of State Statutes |
| Cause | 28:1331 Fed. Question |
| Case Filed: | Sep 10, 2021 |
| Terminated: | Apr 22, 2022 |
| Last checked: Wednesday Mar 09, 2022 4:23 AM EST |
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Defendant
Dave A Chokshi
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Represented By
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Defendant
City of New York
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Represented By
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Defendant
Department of Health and Mental Hygiene
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Defendant
New York City Department of Education
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Represented By
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Defendant
Meisha Porter
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Defendant
Bill de Blasio
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Plaintiff
Rachel Maniscalco
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Represented By
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Plaintiff
Evelyn Arancio
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Plaintiff
Corinne Lynch
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Plaintiff
Diana Salomon
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Represented By
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| Docket last updated: 5 hours ago |
| Friday, April 22, 2022 | ||
| 29 | 29
notice
Notice of Voluntary Dismissal
Fri 04/22 3:34 PM
NOTICE of Voluntary Dismissal by Evelyn Arancio, Corinne Lynch, Rachel Maniscalco, Diana Salomon PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(a) (Fonte, Mark) |
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order
~Util - Terminate Civil Case
Fri 04/22 5:00 PM
Civil Case Terminated as per plaintiffs' Rule 41(a) notice. Ordered by Judge Brian M. Cogan on 4/22/2022. (Cogan, Brian) |
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| Monday, April 18, 2022 | ||
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order
Order(Other)
Mon 04/18 12:42 PM
ORDER. In light of the Supreme Court's denial of plaintiffs' petition for a writ of certiorari, plaintiffs are directed to inform the Court by 04/25/2022 whether they intend to proceed with this action. Ordered by Judge Brian M. Cogan on 4/18/2022. (Weisberg, Peggy) |
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| Monday, February 07, 2022 | ||
| 28 | 28
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misc
Status Report
Mon 02/07 2:35 PM
STATUS REPORT Regarding petition to the Supreme Court by Dave A Chokshi, City of New York, Department of Health and Mental Hygiene, New York City Department of Education, Meisha Porter, Bill de Blasio (Minicucci, Lora) |
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| Sunday, January 02, 2022 | ||
| 27 | 27
misc
Transcript
Sun 01/02 11:55 AM
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on September 22, 2021, before Judge Brian M. Cogan. Court Reporter/Transcriber David R Roy, Telephone number (718) 613-2609. Email address: drroyofcr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 1/23/2022. Redacted Transcript Deadline set for 2/2/2022. Release of Transcript Restriction set for 4/2/2022. (Roy, David) |
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| Wednesday, December 22, 2021 | ||
| 26 | 26
service
Summons Issued
Wed 12/22 11:32 AM
Summons Issued as to Dave A Chokshi, City of New York, Department of Health and Mental Hygiene, New York City Department of Education, Meisha Porter, Bill de Blasio. (Lee, Tiffeny) |
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| Friday, December 17, 2021 | ||
| 25 | 25
misc
Proposed Summons/Civil Cover Sheet
Fri 12/17 10:57 AM
Proposed Summons. by Evelyn Arancio, Corinne Lynch, Rachel Maniscalco, Diana Salomon (Fonte, Mark) |
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| Thursday, December 16, 2021 | ||
| 24 | 24
motion
Show Cause
Thu 12/16 1:27 PM
MOTION for Order to Show Cause For Extension of Service by Evelyn Arancio, Corinne Lynch, Rachel Maniscalco, Diana Salomon. (Fonte, Mark) |
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order
Order on Motion to Show Cause
Thu 12/16 6:13 PM
ORDER granting24 . Plaintiffs must serve defendants with a summons by 12/23/2021 or this case will be dismissed. Ordered by Judge Brian M. Cogan on 12/16/2021. (Weisberg, Peggy) |
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| Friday, December 10, 2021 | ||
| 23 | 23
misc
Letter
Fri 12/10 11:33 AM
Letter regarding service by Dave A Chokshi, City of New York, Department of Health and Mental Hygiene, New York City Department of Education, Meisha Porter, Bill de Blasio (Minicucci, Lora) |
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order
Order to Show Cause
Fri 12/10 12:30 PM
ORDER TO SHOW CAUSE re:23 . Plaintiff is ORDERED TO SHOW CAUSE by 12/17/2021 why this action should not be dismissed pursuant to Fed. R. Civ. P. 4(m). Ordered by Judge Brian M. Cogan on 12/10/2021. (Weisberg, Peggy) |
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| Monday, November 29, 2021 | ||
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order
Order on Motion for Leave to File
Mon 11/29 7:47 PM
ORDER denying22 Motion for Leave to file Amicus Curiae without prejudice. The case has been stayed and there are no pending motions before the Court so that an amicus brief would not be useful to the Court. Amicus may renew her motion at such time as the stay is lifted and the parties have presented an issue for the Court to decide. Ordered by Judge Brian M. Cogan on 11/29/2021. C/M (Weisberg, Peggy) |
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| Friday, November 12, 2021 | ||
| 22 | 22
motion
Leave to File Document
Wed 11/17 4:05 PM
MOTION for Leave to File Document for leave to file Amicus Curiae, submitted by Pritish Vora, pro se . (Guzzi, Roseann) |
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| Tuesday, November 09, 2021 | ||
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minutes
Status Conference
Tue 11/09 10:19 AM
Minute Entry and Order for Status Conference held before Judge Brian M. Cogan on 11/09/2021. Both sides present by telephone. The case is STAYED for the earlier of 90 days or the time that the Supreme Court of the United States rules on plaintiffs' petition for a writ of certiorari. The parties are directed to file a status report within 90 days or at such earlier time, if any, as the Supreme Court rules on the petition. (Weisberg, Peggy) |
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| Friday, November 05, 2021 | ||
| 21 | 21
appeal
USCA Mandate
Fri 11/05 9:35 AM
MANDATE of USCA as to17 Notice of Appeal filed by Evelyn Arancio, Rachel Maniscalco, Diana Salomon, Corinne Lynch. IT IS HEREBY ORDERED, that, for substantially the reasons stated in the District Courts thoughtful memorandum decision of September 23, 2021, the order entered on that date, in which the District Court denied plaintiffs motion for a preliminary injunction, is AFFIRMED. The case is remanded and shall proceed as the District Court deems necessary or advisable. Issued as Mandate: 11/5/2021. USCA# 21-2343 (Jones, Vasean) |
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order
Scheduling Order
Fri 11/05 11:56 AM
SCHEDULING ORDER: The Court will hold a telephonic status conference on 11/9/2021 at 10:00 AM. Parties will use toll-free number 888-684-8852, access code 6427877# and security code 5055#. Ordered by Judge Brian M. Cogan on 11/5/2021. (Weisberg, Peggy) |
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| Friday, October 15, 2021 | ||
| 20 | 20
appeal
USCA Order
Fri 10/15 4:37 PM
ORDER of USCA as to17 Notice of Appeal filed by Evelyn Arancio, Rachel Maniscalco, Diana Salomon, Corinne Lynch. IT IS HEREBY ORDERED, that for substantially the reasons stated in the District Courts thoughtful memorandum decision of September 23, 2021, the order entered on that date, in which the District Court denied plaintiffs motion for a preliminary injunction, is AFFIRMED. The case is remanded and shall proceed as the District Court deems necessary or advisable. Certified Copy Issued: 10/15/2021. USCA# 21-2343 (Jones, Vasean) |
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| Monday, September 27, 2021 | ||
| 19 | 19
appeal
USCA Order
Mon 09/27 8:32 PM
ORDER of USCA as to17 Notice of Appeal filed by Evelyn Arancio, Rachel Maniscalco, Diana Salomon, Corinne Lynch. This Court entered a temporary injunction in the above-captioned case on Friday, September 24, 2021 for administrative purposes pending decision by a three- Judge panel. IT IS HEREBY ORDERED that the September 24 injunction is DISSOLVED. IT IS FURTHER ORDERED that the motion for an injunction pending appeal is DENIED. Certified Copy Issued: 9/27/2021. USCA# 21-2343 (Jones, Vasean) |
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| Friday, September 24, 2021 | ||
| 18 | 18
appeal
USCA Order
Fri 09/24 6:11 PM
ORDER of USCA as to17 Notice of Appeal filed by Evelyn Arancio, Rachel Maniscalco, Diana Salomon, Corinne Lynch. IT IS HEREBY ORDERED that, to the extent Appellants seek a temporary injunction pending review of their motion by a three-judge panel, that request is GRANTED. The request for an injunction pending appeal is REFERRED to a three-judge motions panel on an expedited basis. Certified Copy Issued: 9/24/2021. USCA# 21-2343 (Jones, Vasean) |
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appeal
Electronic Index to Record on Appeal
Fri 09/24 7:41 AM
Electronic Index to Record on Appeal sent to US Court of Appeals.17 Notice of Appeal Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (Jones, Vasean) |
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| Thursday, September 23, 2021 | ||
| 17 | 17
appeal
Notice of Appeal
Thu 09/23 10:57 PM
NOTICE OF APPEAL as to16 Order on Motion for Order to Show Cause by Evelyn Arancio, Corinne Lynch, Rachel Maniscalco, Diana Salomon. Filing fee $ 505, receipt number ANYEDC-14868069. Appeal Record due by 10/25/2021. (Fonte, Mark) |
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| 16 | 16
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pgs
order
Order on Motion to Show Cause
Thu 09/23 9:30 PM
MEMORANDUM DECISION AND ORDER denying2 Motion for preliminary injunction. Ordered by Judge Brian M. Cogan on 9/23/2021. (Cogan, Brian) |
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| Wednesday, September 22, 2021 | ||
| 15 | 15
misc
Letter
Wed 09/22 5:39 PM
Letter by Dave A Chokshi, City of New York, Department of Health and Mental Hygiene, New York City Department of Education, Meisha Porter, Bill de Blasio (Croushore, Amanda) |
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Att: 1
Exhibit State Court Order
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| 14 | 14
notice
Notice of Appearance
Wed 09/22 10:37 AM
NOTICE of Appearance by Louis M Gelormino on behalf of All Plaintiffs (aty to be noticed) (Gelormino, Louis) |
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| Tuesday, September 21, 2021 | ||
| 13 | 13
misc
Letter
Tue 09/21 2:49 PM
Letter Re: Notice of Publicly Available Facts by Evelyn Arancio, Corinne Lynch, Rachel Maniscalco, Diana Salomon (Fonte, Mark) |
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| Monday, September 20, 2021 | ||
| 12 | 12
respoth
Reply in Support
Mon 09/20 6:27 PM
REPLY in Support re2 Emergency MOTION for Order to Show Cause for Temporary Restraining Order and Preliminary Injunction filed by Evelyn Arancio, Corinne Lynch, Rachel Maniscalco, Diana Salomon. (Fonte, Mark) |
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| 11 | 11
notice
Notice of Appearance
Mon 09/20 2:30 PM
NOTICE of Appearance by Amanda Croushore on behalf of All Defendants (aty to be noticed) (Croushore, Amanda) |
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notice
Notice of Appearance
Mon 09/20 10:56 AM
NOTICE of Appearance by Lora Minicucci on behalf of All Defendants (aty to be noticed) (Minicucci, Lora) |
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| Friday, September 17, 2021 | ||
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order
Scheduling Order
Fri 09/17 2:42 PM
SCHEDULING ORDER: Argument on the motion will be held on 9/22/2021 at 2:30 PM by video. Counsel of record are directed to use the Zoom video link that will be sent by email at a later time. Public audio access is available by calling the toll-free number 888-684-8852 and access code 6427877#. Ordered by Judge Brian M. Cogan on 9/17/2021. (Weisberg, Peggy) |
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| Thursday, September 16, 2021 | ||
| 9 | 9
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respoth
Memorandum in Opposition
Thu 09/16 4:53 PM
MEMORANDUM in Opposition re2 Emergency MOTION for Order to Show Cause for Temporary Restraining Order and Preliminary Injunction filed by All Defendants. (Minicucci, Lora) |
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Att: 1
Declaration,
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Att: 2
Exhibit A - COH order 8/24/21,
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Att: 3
Exhibit B - COH order 9/15/21,
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Att: 4
Exhibit C - Impact Arbitration Decision,
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Att: 5
Exhibit D - Wall Street Journal Article,
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Att: 6
Exhibit E - US New Article,
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Att: 7
Exhibit F - AAP State Level Data,
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Att: 8
Exhibit G - CDC Antibody Information
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| Wednesday, September 15, 2021 | ||
| 8 | 8
cmp
Amended Complaint
Wed 09/15 10:53 AM
AMENDED COMPLAINT against All Defendants, filed by Rachel Maniscalco, Evelyn Arancio, Diana Salomon, Corinne Lynch. (Fonte, Mark) |
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| Tuesday, September 14, 2021 | ||
| 7 | 7
motion
Amend/Correct/Supplement
Tue 09/14 5:20 PM
Letter MOTION to Amend/Correct/Supplement Complaint by Rachel Maniscalco. (Fonte, Mark) |
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Att: 1
Proposed Amended Complaint
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order
Order on Motion to Amend/Correct/Supplement
Tue 09/14 5:56 PM
ORDER denying7 Motion as unnecessary. The Court did not have to grant plaintiff the right to file an amended complaint because Rule 15(a) already grants plaintiff that right. Ordered by Judge Brian M. Cogan on 9/14/2021. (Weisberg, Peggy) |
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| Friday, September 10, 2021 | ||
| 6 | 6
motion
Adjourn Conference
Fri 09/10 4:04 PM
Letter MOTION to Adjourn Conference on the Emergency Motion by Rachel Maniscalco. (Fonte, Mark) |
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| 5 | 5
misc
Quality Control Check - Attorney Case Opening
Fri 09/10 10:50 AM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
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| 4 | 4
misc
Clerks Notice of Rule 73
Fri 09/10 10:48 AM
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:[LINK:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf] . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) |
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| 3 | 3
misc
Proposed Summons/Civil Cover Sheet
Fri 09/10 10:44 AM
Civil Cover Sheet.. by Rachel Maniscalco (Fonte, Mark) |
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| 2 | 2
motion
Show Cause
Fri 09/10 10:03 AM
Emergency MOTION for Order to Show Cause for Temporary Restraining Order and Preliminary Injunction by Rachel Maniscalco. (Fonte, Mark) |
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Att: 1
Memorandum in Support OF PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER,
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Att: 2
Declaration RACHEL MANISCALCO,
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Att: 3
Declaration LOUIS GELORMINO
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| 1 | 1
cmp
Complaint
Fri 09/10 9:51 AM
COMPLAINT against Dave A Chokshi, City of New York, Department of Health and Mental Hygiene, New York City Department of Education, Meisha Porter, Bill de Blasio filing fee $ 402, receipt number ANYEDC-14824812 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Rachel Maniscalco. (Fonte, Mark) |
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utility
Case Assigned/Reassigned
Fri 09/10 10:47 AM
Case Assigned to Judge Brian M. Cogan. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly) |
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order
Scheduling Order
Fri 09/10 12:04 PM
SCHEDULING ORDER: A hearing on the emergency motion for a temporary restraining order is scheduled for 9/13/2021 at 2:00 PM by video. Plaintiff must provide notice to defendants and attempt to secure their appearance at the hearing. A video link will be emailed to counsel of record. Ordered by Judge Brian M. Cogan on 9/10/2021. (Weisberg, Peggy) |
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order
Order on Motion to Adjourn Conference 1 - Terminate Hearings
Fri 09/10 5:14 PM
ORDER granting in part6 . The conference on 9/13/2021 is canceled, and the proposed briefing schedule (defendants' opposition 9/16 and plaintiff's reply 9/20) is approved. The Court will likely conduct a video hearing on 9/22 or 9/23, but the day and time of the hearing will not be set until the Court reviews defendants' opposition and the parties have advised the Court how long they anticipate the hearing will take and whether it will be evidentiary. Ordered by Judge Brian M. Cogan on 9/10/2021. (Weisberg, Peggy) |
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