Fried et al v. GARLAND et al
| Florida Northern District Court | |
| Judge: | Allen C Winsor |
| Referred: | Martin A Fitzpatrick |
| Case #: | 4:22-cv-00164 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Apr 20, 2022 |
| Terminated: | Nov 04, 2022 |
| Last checked: Monday Oct 17, 2022 4:25 AM EDT |
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Defendant
UNITED STATES OF AMERICA
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Represented By
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Defendant
MERRICK GARLAND
IN HIS OFFICIAL CAPACITY AS ATTORNEY GENERAL OF THE UNITED STATES U.S. Department of Justice 950 Pennsylvania Avenue, NW
Washington, DC 20530 |
Represented By
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Defendant
Steven M. Dettelbach
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Represented By
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Defendant
GARY RESTAINO
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Represented By
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Plaintiff
VERA COOPER
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Represented By
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Plaintiff
NEILL FRANKLIN
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Represented By
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Plaintiff
NICOLE FRIED
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Represented By
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Plaintiff
NICOLE HANSELL
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Represented By
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| TERMINATED PARTIES | |
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Defendant
MARVIN RICHARDSON
Terminated: 07/11/2022
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Represented By
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| Docket last updated: 05/30/2023 11:59 PM EDT |
| Friday, February 03, 2023 | ||
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appeal
Electronic Availability of ROA
Fri 02/03 2:59 PM
Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Northern District of Florida certifies that the record is complete for purposes of this appeal re: 24 Notice of Appeal, Appeal No. 22-13893 DD. The entire record on appeal is available electronically. (kdm) |
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| Wednesday, February 01, 2023 | ||
| 35 | 35
appeal
Request for ROA or OP
Fri 02/03 2:59 PM
USCA FRAP 11 REQUEST, re 24 NOTICE OF APPEAL. USCA 22-13893 DD. Please certify that the electronic record, including transcripts and exhibits, is complete for purposes of this appeal pursuant to 11th Cir. R. 11-2. (kdm) |
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| Thursday, January 26, 2023 | ||
| 34 | 34
appeal
USCA Mandate
Mon 01/30 9:53 AM
MANDATE of USCA as to 24 Notice of Appeal. USCA# 22-13893 DD. Mandate: ORDER: Motion to voluntarily dismiss appeal filed by Appellant Florida Commissioner of Agriculture (only) is GRANTED by clerk. Pursuant to FRAP 42 and 11th Cir. R. 42-1(a), the above referenced appeal was duly entered dismissed on this date. (kdm) |
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| Wednesday, December 14, 2022 | ||
| 33 | 33
notice
Record of Proceedings and Notice to Attorneys of Redaction Requirements
Wed 12/14 10:26 AM
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing Proceedings held on 10/12/2022, before Judge Allen Winsor. Court Reporter/Transcriber Lisa Snyder, Telephone number 850-567-1374. 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. Redaction Request due 12/21/2022 . Release of Transcript Restriction set for 3/21/2023 . (ls) |
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| 32 | 32
appeal
Transcript Notice of Filing by Court Reporter Part III
Wed 12/14 10:22 AM
NOTICE of Filing Transcript (Part III) by Court Reporter in District Court - re: 24 Notice of Appeal Court Reporter: Lisa Snyder (ls) |
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| Friday, December 02, 2022 | ||
| 31 | 31
appeal
Transcript Acknowledgment - Part II
Fri 12/02 10:48 AM
TRANSCRIPT Acknowledgment - Part II re 24 Notice of Appeal Court Reporter:Lisa Snyder Transcript due by 1/4/2023 . (ls) |
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| Thursday, December 01, 2022 | ||
| 28 | 28
appeal
Transcript Request Appeal Part I
Thu 12/01 9:46 AM
(AMENDED) TRANSCRIPT REQUEST by NICOLE FRIED (HALL, WILLIAM) Modified to add "amended"-hearing date was omitted from ECF27 on 12/1/2022 (rcb) |
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| Tuesday, November 29, 2022 | ||
| 27 | 27
appeal
Transcript Request Appeal Part I
Tue 11/29 12:22 PM
TRANSCRIPT REQUEST by NICOLE FRIED (HALL, WILLIAM) |
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| Friday, November 25, 2022 | ||
| 29 | 29
appeal
USCA Case Number
Thu 12/01 10:10 AM
USCA Case Number 22-13893 for 24 NOTICE OF APPEAL refer to23 NOTICE of Appeal by NICOLE FRIED as to22 Clerk's Judgment by NICOLE HANSELL. The filing used the wrong event (bkp) filed by NICOLE HANSELL. (bkp) |
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| Tuesday, November 22, 2022 | ||
| 30 | 30
appeal
USCA Appeal Fees
Thu 12/01 3:15 PM
USCA Appeal Fees received $ 505 receipt number FLN100004466 re 24 Notice of Appeal filed by NICOLE HANSELL (bkp) |
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| Friday, November 18, 2022 | ||
| 26 | 26
appeal
Transmission of Notice of Appeal and Docket Sheet to USCA
Fri 11/18 11:15 AM
Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 24 Notice of Appeal ; (bkp) |
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Att: 1
Clerk JGM,
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Att: 2
Order,
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Att: 3
NTC appeal,
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Att: 4
docket sheet
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appeal
Appeal Instructions
Fri 11/18 11:09 AM
Appeal Instructions re: 24 Notice of Appeal : The Transcript Request Form is available on the Internet at http://www.flnd.uscourts.gov/forms/Attorney/ECCA_transcript_form_fillable.pdf **PLEASE NOTE** Separate forms must be filed for each court reporter in both the district court and the appeals court. Transcript Order Form due by 12/2/2022 . (bkp) |
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| Wednesday, November 16, 2022 | ||
| 23 | 23
notice
Notice - Other - See Separate Menu for Ntc of Appeal Options
Wed 11/16 1:39 PM
NOTICE of Appeal by NICOLE FRIED (HALL, WILLIAM) |
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appeal
Notice of Appeal
Fri 11/18 11:08 AM
NOTICE OF APPEAL refer to23 NOTICE of Appeal by NICOLE FRIED as to22 Clerk's Judgment by NICOLE HANSELL. The filing used the wrong event (bkp) |
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| Friday, November 04, 2022 | ||
| 22 | 22
order
Judgment (Signed by Clerk: Not an Opinion)
Fri 11/04 2:54 PM
CLERK'S JUDGMENT re 21 ORDER OF DISMISSAL. (kdm) |
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| 21 | 21
22
pgs
order
Order Dismissing Case
Fri 11/04 2:50 PM
ORDER OF DISMISSAL; granting 13 MOTION to Dismiss for Lack of Jurisdiction. Signed by JUDGE ALLEN C WINSOR on 11/4/2022. The clerk will enter a judgment that says, "Plaintiffs' claims are dismissed on the merits for failure to state a claim." The clerk will then close the file. (kdm) |
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| Wednesday, October 12, 2022 | ||
| 20 | 20
minutes
Motion Hearing
Wed 10/12 10:26 AM
Minute Entry for proceedings held before JUDGE ALLEN C WINSOR:Motion Hearing held on 10/12/2022 re13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or alternatively MOTION for Summary Judgment - arguments presented, written order to follow (Court Reporter Lisa Snyder (USDC-Tallahassee).) (tss) |
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| Friday, October 07, 2022 | ||
| 19 | 19
notice
Notice - Other - See Separate Menu for Ntc of Appeal Options
Fri 10/07 3:44 PM
NOTICE Supplemental Authority by NICOLE FRIED (HALL, WILLIAM) |
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Att: 1
Supplement
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| Friday, September 30, 2022 | ||
| 17 | 17
notice
Notice - Other - See Separate Menu for Ntc of Appeal Options
Fri 09/30 2:01 PM
NOTICE of Supplemental Authority by Steven M. Dettelbach, MERRICK GARLAND, UNITED STATES OF AMERICA re13 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or alternatively MOTION for Summary Judgment (NEWMAN, JEREMY) |
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Att: 1
Exhibit United States v. Seiwert
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notice
Notice of Hearing on Motion
Fri 09/30 3:50 PM
NOTICE of Hearing on Motion 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR ALTERNATIVELY, MOTION FOR SUMMARY JUDGMENT Motion Hearing set for 10/12/2022 at 10:00 AM in U.S. Courthouse, 111 North Adams Street, Courtroom 5 South, Tallahassee, before JUDGE ALLEN C WINSOR. Note: If you or any party, witness or attorney in this matter has a disability that requires special accommodations, such as a hearing impairment that requires a sign-language interpreter or a wheelchair restriction that requires ramp access, please contact the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/TiAnn Stark Courtroom Deputy Clerk to the Honorable Allen Winsor (tss) |
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| Wednesday, September 21, 2022 | ||
| 16 | 16
respm
Reply to Response to Motion
Wed 09/21 1:28 PM
REPLY to Response to Motion re13 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or alternatively MOTION for Summary Judgment filed by Steven M. Dettelbach, MERRICK GARLAND, UNITED STATES OF AMERICA. (NEWMAN, JEREMY) |
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| Wednesday, September 07, 2022 | ||
| 15 | 15
30+
pgs
respm
Memorandum in Opposition to Motion
Wed 09/07 1:59 PM
MEMORANDUM in Opposition re13 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or alternatively MOTION for Summary Judgment filed by NICOLE FRIED. (HALL, WILLIAM) |
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2,
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Att: 3
Exhibit 3
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| Monday, August 08, 2022 | ||
| 14 | 14
30+
pgs
respm
Memorandum in Support of Motion
Mon 08/08 2:24 PM
MEMORANDUM in Support re13 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or alternatively MOTION for Summary Judgment filed by Steven M. Dettelbach, MERRICK GARLAND, MARVIN RICHARDSON, UNITED STATES OF AMERICA. (NEWMAN, JEREMY) |
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Att: 1
Exhibit 1 - Florida Board of Medicine, Medical Marijuana Consent Form,
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Att: 2
Exhibit 2 - Bernard Schwartz, 2 The Bill of Rights: A Documentary History (1971),
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Att: 3
Exhibit 3 - 13 & 14 Car. 2, c. 3, § XIII (1662),
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Att: 4
Exhibit 4 - 1 W. & M., ch. 15, § IV,
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Att: 5
Exhibit 5 - William Blackstone, 4 Commentaries on the Laws of England (1769),
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Att: 6
Exhibit 6 - 1633 Va. Acts 219, Act X,
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Att: 7
Exhibit 7 - 1633 Mass. Acts ch. LVIII,
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Att: 8
Exhibit 8 - 1645 Laws of New York 47,
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Att: 9
Exhibit 9 - 1763 Laws of Pennsylvania 319,
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Att: 10
Exhibit 10 - Act of Mar. 14, 1776, ch. VII, 1775-1776 Mass. Acts 31,
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Att: 11
Exhibit 11 - Act for the Further Security of the Government, ch. LXI, § 5, 1777-1778 Pa. Laws 123,
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Att: 12
Exhibit 12 - Act XII of March 10, 1655, 1655 Va. Laws 401,
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Att: 13
Exhibit 13 - 1881 Fla. Laws 87, ch. 3285,
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Att: 14
Exhibit 14 - 1883 Kan. Sess. Laws 372,
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Att: 15
Exhibit 15 - Ch. 1501, 5 Colonial Laws of New York (1894),
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Att: 16
Exhibit 16 - Kansas Gen. Stat., Crimes & Punishments, § 282 (1868),
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Att: 17
Exhibit 17 - 1878 Miss. Laws 175-76,
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Att: 18
Exhibit 18 - 1883 Mo. Laws 76,
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Att: 19
Exhibit 19 - 1883 Wis. Sess. Laws 290, Offenses Against Lives and Persons of Individuals, ch. 329,
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Att: 20
Exhibit 20 - 1890 Okla. Sess. Laws 495, art. 47,
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Att: 21
Exhibit 21 - 1899 S.C. Acts 97, No. 67,
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Att: 22
Exhibit 22 - Jon Grant, Short Communication; Neuropsychological Deficits Associated with Cannabis Use in Young Adults,
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Att: 23
Exhibit 23 - Daniel J. Fridberg, Cognitive Mechanisms Underlying Risky Decision-Making in Chronic Cannabis Users,
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Att: 24
Exhibit 24 - Jorie Casey, Effects of Frequent Marijuana Use on Risky Decision-Making in Young Adult College Students,
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Att: 25
Exhibit 25 - Christopher Whitlow, Short Communication; Long-Term Heavy Marijuana Users Make Costly Decisions on a Gambling Task,
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Att: 26
Exhibit 26 - Brian F. ODonnell, Decision Making and Impulsivity in Young Adult Cannabis Users,
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Att: 27
Exhibit 27 - Mary P. Becker, Neurocognition in College-Aged Daily Marijuana Users,
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Att: 28
Exhibit 28 - Kristin Wong, Establishing Legal Limits for Driving Under the Influence of Marijuana,
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Att: 29
Exhibit 29 - Bernard Laurnon, Cannabis Intoxication & Fatal Road Crashes in France,
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Att: 30
Exhibit 30 - NHTSA, Presence of Drugs in Drivers
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| 13 | 13
motion
Dismiss/Lack of Jurisdiction Dismiss for Failure to State a Claim Summary Judgment
Mon 08/08 2:00 PM
MOTION to Dismiss for Lack of Jurisdiction ( (Internal deadline for referral to judge if response not filed earlier: 8/22/2022) .), MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or alternatively , MOTION for Summary Judgment ( (Internal deadline for referral to judge if response to summary judgment not filed earlier: 8/29/2022) .) by MERRICK GARLAND, MARVIN RICHARDSON, UNITED STATES OF AMERICA, Steven M. Dettelbach. (NEWMAN, JEREMY) |
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| Monday, July 11, 2022 | ||
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utility
Set Deadlines/Hearings
Mon 07/11 9:24 AM
Set Deadlines per11 ORDER GRANTING10 MOTION TO SET BRIEFING SCHEDULE: Defendants' motion to dismiss due by 8/8/2022 . Plaintiffs' response due: 9/8/2022) . Defendants' reply due 9/22/2022 . (kdm) |
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| Friday, July 08, 2022 | ||
| 12 | 12
cmp
Amended Complaint
Fri 07/08 11:53 AM
FIRST AMENDED COMPLAINT against All Defendants All Defendants., filed by NICOLE FRIED. (HALL, WILLIAM) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B
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| Friday, July 01, 2022 | ||
| 11 | 11
1
pgs
order
Order
Fri 07/01 2:36 PM
ORDER GRANTING 10 MOTION TO SET BRIEFING SCHEDULE. Signed by JUDGE ALLEN C WINSOR on 7/1/2022. Defendants' motion to dismiss is due 30 days after Plaintiffs file their forthcoming amended complaint; Plaintiffs' response to Defendants' motion to dismiss is due 30 days after Defendants file their motion; and Defendants are authorized to file a reply, which must be filed 14 days after Plaintiffs file their response. (kdm) |
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| 10 | 10
motion
Extend Time
Fri 07/01 12:47 PM
Joint MOTION to Extend Time and Set Briefing Schedule for Motion to Dismiss Amended Complaint by MERRICK GARLAND, MARVIN RICHARDSON, UNITED STATES OF AMERICA. (NEWMAN, JEREMY) |
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| Thursday, June 23, 2022 | ||
| 9 | 9
1
pgs
order
Order ~Util - Set Deadlines/Hearings
Thu 06/23 2:48 PM
ORDER GRANTING 8 MOTION FOR EXTENSION. . Signed by JUDGE ALLEN C WINSOR on 6/23/2022. (kdm) |
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| 8 | 8
motion
Extend Time
Thu 06/23 12:54 PM
Consent MOTION to Extend Time to Respond to Complaint by MERRICK GARLAND, MARVIN RICHARDSON, UNITED STATES OF AMERICA. (NEWMAN, JEREMY) |
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Att: 1
Exhibit 1 - New York State Rifle & Pistol Ass'n v. Bruen
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| 7 | 7
notice
Notice of Appearance
Thu 06/23 12:39 PM
NOTICE of Appearance by JEREMY S NEWMAN on behalf of All Defendants (NEWMAN, JEREMY) |
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| Wednesday, June 22, 2022 | ||
| 6 | 6
service
Acknowledgment of Service
Wed 06/22 11:39 AM
ACKNOWLEDGMENT OF SERVICE Executed Acknowledgment filed by NICOLE FRIED. (HALL, WILLIAM) |
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utility
Action Required by District Judge - No NEFs in SEALED Cases
Wed 06/22 10:51 AM
ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE ALLEN C WINSOR notified that action is needed Re:5 Summons Issued as to USA - Service of summons completed by 6/22/2022. (***None filed to date.***) (kdm) |
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| Friday, April 22, 2022 | ||
| 5 | 5
service
Summons Issued as to USA
Fri 04/22 9:14 AM
Summons Issued as to MERRICK GARLAND, MARVIN RICHARDSON, UNITED STATES OF AMERICA, U.S. Attorney and U.S. Attorney General - Summons issued for Garland (tss) |
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Att: 1
Summons issued for Cody,
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Att: 2
Summons issued for Richardson
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| 4 | 4
notice
Notice - Other - See Separate Menu for Ntc of Appeal Options
Fri 04/22 8:42 AM
NOTICE by NICOLE FRIED (HALL, WILLIAM) |
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| 3 | 3
notice
Notice - Other - See Separate Menu for Ntc of Appeal Options
Fri 04/22 8:42 AM
NOTICE by NICOLE FRIED (HALL, WILLIAM) |
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| 2 | 2
notice
Notice - Other - See Separate Menu for Ntc of Appeal Options
Fri 04/22 8:41 AM
NOTICE by NICOLE FRIED (HALL, WILLIAM) |
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| Wednesday, April 20, 2022 | ||
| 1 | 1
cmp
Complaint
Wed 04/20 9:25 AM
COMPLAINT Fried against MERRICK GARLAND ( Filing fee $ 402 receipt number AFLNDC-6946190.), filed by Nicole Fried. (HALL, WILLIAM) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D,
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Att: 5
Exhibit E,
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Att: 6
Exhibit F
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