Central Diesel, Inc. et al v. U.S. Department of Defense et al
| Virginia Eastern District Court | |
| Judge: | Leonie M Brinkema |
| Referred: | John F Anderson |
| Case #: | 1:23-cv-01225 |
| Nature of Suit | 899 Other Statutes - Administrative Procedure Act/Review or Appeal of Agency Decision |
| Cause | 05:702 Administrative Procedure Act |
| Case Filed: | Sep 11, 2023 |
| Terminated: | Dec 11, 2023 |
| Last checked: Saturday Mar 09, 2024 7:22 AM EST |
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Defendant
Lloyd J. Austin, III
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Represented By
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Defendant
Defense Logistics Agency
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Represented By
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Defendant
Jon Lightner
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Represented By
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Defendant
Michelle Skubic
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Represented By
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Defendant
U.S. Department of Defense
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Represented By
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Defendant
United States of America
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Represented By
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Plaintiff
Central Diesel, Inc.
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Represented By
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Plaintiff
William Oehlschlager
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Represented By
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Plaintiff
Candice Smith
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Represented By
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| Docket last updated: 05/26/2025 11:59 PM EDT |
| Monday, December 11, 2023 | ||
| 40 | 40
1
pgs
order
Order on Motion to Dismiss/Lack of Jurisdiction
Mon 12/11 7:34 PM
ORDERED that this matter is DISMISSED without prejudice pursuant to Federal Rule of Civil Procedure l2(b)(1) for lack of subject matter jurisdiction. Signed by District Judge Leonie M. Brinkema on 12/11/2023. (jlan) |
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| 39 | 39
motion
Dismiss/Lack of Jurisdiction
Mon 12/11 4:17 PM
Consent MOTION to Dismiss for Lack of Jurisdiction by Lloyd J. Austin, III, Defense Logistics Agency, Jon Lightner, Michelle Skubic, U.S. Department of Defense, United States of America.(Pickren, Robert) |
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Att: 1
Proposed Order of Dismissal
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| Wednesday, November 29, 2023 | ||
| 38 | 38
misc
Notice of Hearing Date
Wed 11/29 7:50 PM
Notice of Hearing Date re37 Memorandum in Support,35 Opposition,36 Memorandum in Opposition (McKinnon, Casey) |
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| 37 | 37
20
pgs
respm
Memorandum in Support
Wed 11/29 7:49 PM
Memorandum in Support re31 MOTION for Summary Judgment ,24 MOTION for Summary Judgment filed by Central Diesel, Inc., William Oehlschlager, Candice Smith. (McKinnon, Casey) |
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| 36 | 36
20
pgs
respm
Memorandum in Opposition
Wed 11/29 7:48 PM
Memorandum in Opposition re31 MOTION for Summary Judgment filed by Central Diesel, Inc., William Oehlschlager, Candice Smith. (McKinnon, Casey) |
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| 35 | 35
respoth
Opposition
Wed 11/29 7:46 PM
Opposition to32 Memorandum in Support,31 MOTION for Summary Judgment filed by Central Diesel, Inc., William Oehlschlager, Candice Smith. (McKinnon, Casey) |
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| Friday, November 17, 2023 | ||
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utility
Set Motion and R&R Deadlines/Hearings
Fri 11/17 8:00 AM
Set Deadline as to31 MOTION for Summary Judgment. Motion Hearing set for 12/18/2023 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (wgar, ) |
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| Wednesday, November 15, 2023 | ||
| 34 | 34
misc
Notice of Hearing Date
Wed 11/15 8:20 PM
Notice of Hearing Date re32 Memorandum in Support,31 MOTION for Summary Judgment (O'Connor, Kirstin) |
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| 33 | 33
30+
pgs
respm
Memorandum in Opposition
Wed 11/15 8:18 PM
Memorandum in Opposition re24 MOTION for Summary Judgment filed by Lloyd J. Austin, III, Defense Logistics Agency, Jon Lightner, Michelle Skubic, U.S. Department of Defense, United States of America.(O'Connor, Kirstin) |
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Att: 1
Affidavit
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| 32 | 32
30+
pgs
respm
Memorandum in Support
Wed 11/15 8:17 PM
Memorandum in Support re31 MOTION for Summary Judgment filed by Lloyd J. Austin, III, Defense Logistics Agency, Jon Lightner, Michelle Skubic, U.S. Department of Defense, United States of America.(O'Connor, Kirstin) |
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Att: 1
Affidavit
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| 31 | 31
motion
Summary Judgment
Wed 11/15 8:13 PM
MOTION for Summary Judgment by Lloyd J. Austin, III, Defense Logistics Agency, Jon Lightner, Michelle Skubic, U.S. Department of Defense, United States of America. (O'Connor, Kirstin) |
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| 30 | 30
1
pgs
order
Order on Motion for Leave to File Excess Pages
Wed 11/15 4:36 PM
ORDERED that Defendants' memorandum in support of their Motion for Summary Judgment and Response to Plaintiffs' Motion for Summary Judgment may total 35 pages. Signed by District Judge Leonie M. Brinkema on 11/15/2023. (dvanm) |
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| 29 | 29
motion
File Excess Pages
Wed 11/15 2:15 PM
MOTION for Leave to File Excess Pages by Lloyd J. Austin, III, Defense Logistics Agency, Jon Lightner, Michelle Skubic, U.S. Department of Defense, United States of America.(Pickren, Robert) |
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Att: 1
Proposed Order
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| Monday, November 13, 2023 | ||
| 28 | 28
1
pgs
order
Order on Motion for Miscellaneous Relief
Mon 11/13 8:01 AM
ORDERED that the motion is hereby GRANTED; and it is hereby ORDERED that Defendants do not have to file an answer pursuant to Federal Rules of Civil Procedure 8(b) and 12(a) in re27 MOTION to Waive Answer. Signed by District Judge Leonie M. Brinkema on 11/13/2023. (swil) |
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| Thursday, November 09, 2023 | ||
| 27 | 27
motion
Miscellaneous Relief (MOTION)
Thu 11/09 6:09 PM
MOTION to Waive Answer by Lloyd J. Austin, III, Defense Logistics Agency, Jon Lightner, Michelle Skubic, U.S. Department of Defense, United States of America.(O'Connor, Kirstin) |
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Att: 1
Proposed Order
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| Friday, October 27, 2023 | ||
| 26 | 26
misc
Notice of Hearing Date
Fri 10/27 10:44 AM
Notice of Hearing Date re25 Memorandum in Support,24 MOTION for Summary Judgment (McKinnon, Casey) |
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misc
Notice of Correction
Fri 10/27 9:30 AM
Notice of Correction re24 MOTION for Summary Judgment. The filing user has been notified to file a Notice of Hearing or a Waiver of Oral Argument. (dvanm) |
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utility
Set Motion and R&R Deadlines/Hearings
Fri 10/27 5:08 PM
Set Deadline as to24 MOTION for Summary Judgment. Motion Hearing set for 12/18/2023 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (wgar, ) |
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| Wednesday, October 25, 2023 | ||
| 25 | 25
30+
pgs
respm
Memorandum in Support
Wed 10/25 12:53 PM
Memorandum in Support re24 MOTION for Summary Judgment filed by Central Diesel, Inc., William Oehlschlager, Candice Smith.(McKinnon, Casey) |
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2
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| 24 | 24
motion
Summary Judgment
Wed 10/25 12:50 PM
MOTION for Summary Judgment by Central Diesel, Inc., William Oehlschlager, Candice Smith.(McKinnon, Casey) |
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Att: 1
Proposed Order
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| Wednesday, October 04, 2023 | ||
| 23 | 23
notice
Notice (other)
Wed 10/04 5:49 PM
NOTICE by Lloyd J. Austin, III, Defense Logistics Agency, Jon Lightner, Michelle Skubic, U.S. Department of Defense, United States of America of Administrative Record Parts 4-5 and Attachments(Pickren, Robert) |
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Att: 1
Part 4,
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Att: 2
Part 5,
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Att: 3
Declaration of Jason D. Morgan,
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Att: 4
Declaration of Cynthia Figueora-Lugaro
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| 22 | 22
notice
Notice (other)
Wed 10/04 5:45 PM
NOTICE by Lloyd J. Austin, III, Defense Logistics Agency, Jon Lightner, Michelle Skubic, U.S. Department of Defense, United States of America of Filing of Administrative Record Parts 1-3(Pickren, Robert) |
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Att: 1
Part 1,
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Att: 2
Part 2,
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Att: 3
Part 3
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| Thursday, September 21, 2023 | ||
| 21 | 21
2
pgs
order
Order on Motion to Seal
Thu 09/21 3:03 PM
ORDERED that the Plaintiffs' Motion to Seal is GRANTED; it is further ORDERED that the Complaint will remain under seal until further Order of this Court. Signed by District Judge Leonie M. Brinkema on 09/21/2023. (dvanm) |
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| Wednesday, September 20, 2023 | ||
| 20 | 20
notice
Notice of Appearance
Wed 09/20 12:42 PM
NOTICE of Appearance by Kirstin O'Connor on behalf of Lloyd J. Austin, III, Defense Logistics Agency, Jon Lightner, Michelle Skubic, U.S. Department of Defense, United States of America (O'Connor, Kirstin) |
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| 19 | 19
2
pgs
order
Order
Wed 09/20 12:21 PM
ORDER:ORDER: Upon consideration of the parties' Joint Motion for Summary Judgment Briefing Schedule and Notice of Withdrawal of Plaintiffs' Motion for Preliminary Injunction, and for good cause shown, it is hereby ORDERED that Plaintiffs' motion for preliminary injunction is WITHDRAWN; it is further ORDERED that the hearing presently scheduled for September 22, 2023 is CANCELLED; it is further ORDERED that Defendants shall file the administrative record of proceedings before the Defense Logistics Agency on or before October 4, 2023; it is further ORDERED that Plaintiffs shall file their motion for summary judgment and a single memorandum in support of that motion on or before October 25, 2023; it is further ORDERED that Defendants shall file their own motion for summary judgment and a single memorandum in support of that motion and in opposition to Plaintiffs' motion for summary judgment on or before November 15, 2023; it is further ORDERED that Plaintiffs shall file a single memorandum containing reply arguments in further support of their motion for summary judgment and in opposition to Defendants' motion for summary judgment on or before November 29, 2023; it is further ORDERED that Defendants shall file a single reply memorandum in further support of their own motion for summary judgment on or before December 13, 2023; it is further ORDERED that both parties shall notice their respective motions for summary judgment for hearing on Monday December 18, 2023 at 10:00am; and it is further ORDERED that the parties will not seek extensions of these deadlines except in the event of emergency. Signed by District Judge Leonie M. Brinkema on 9/20/23. (yguy) |
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| 18 | 18
motion
Miscellaneous Relief (MOTION)
Wed 09/20 11:47 AM
Joint MOTION for Summary Judgment Briefing Schedule and Notice of Withdrawal of Plaintiffs' Motion for Preliminary Injunction by Lloyd J. Austin, III, Defense Logistics Agency, Jon Lightner, Michelle Skubic, U.S. Department of Defense, United States of America.(Pickren, Robert) |
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Att: 1
Proposed Order
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| Wednesday, September 13, 2023 | ||
| 17 | 17
service
Summons Issued as to USA
Wed 09/13 10:06 AM
Summons Issued as to Lloyd J. Austin, III, Defense Logistics Agency, Jon Lightner, Michelle Skubic, U.S. Department of Defense, United States of America, U.S. Attorney and U.S. Attorney General. NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed as to USA or Summons Returned Unexecuted as to USA.(dvanm, ) |
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Att: 1
Notice
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utility
Set Motion and R&R Deadlines/Hearings
Wed 09/13 11:07 AM
Set Deadline as to6 MOTION for Preliminary Injunction. Motion Hearing set for 9/22/2023 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (jlan) |
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| Tuesday, September 12, 2023 | ||
| 16 | 16
misc
Notice of Hearing Date
Tue 09/12 3:02 PM
Notice of Hearing Date re6 MOTION for Preliminary Injunction (McKinnon, Casey) |
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| 15 | 15
misc
Proposed Summons
Tue 09/12 2:08 PM
Proposed Summons by Central Diesel, Inc., William Oehlschlager, Candice Smith. (McKinnon, Casey) |
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| 14 | 14
misc
Proposed Summons
Tue 09/12 2:05 PM
Proposed Summons by Central Diesel, Inc., William Oehlschlager, Candice Smith. (McKinnon, Casey) |
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| 13 | 13
30+
pgs
respm
Memorandum in Support
Tue 09/12 2:02 PM
Memorandum in Support re6 MOTION for Preliminary Injunction filed by Central Diesel, Inc., William Oehlschlager, Candice Smith. (McKinnon, Casey) |
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| Monday, September 11, 2023 | ||
| 12 | 12
misc
Proposed Summons
Mon 09/11 9:28 PM
Proposed Summons by Central Diesel, Inc., William Oehlschlager, Candice Smith. (McKinnon, Casey) |
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| 11 | 11
misc
Proposed Summons
Mon 09/11 9:25 PM
Proposed Summons by Central Diesel, Inc., William Oehlschlager, Candice Smith. (McKinnon, Casey) |
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| 10 | 10
misc
Proposed Summons
Mon 09/11 9:23 PM
Proposed Summons by Central Diesel, Inc., William Oehlschlager, Candice Smith. (McKinnon, Casey) |
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| 9 | 9
misc
Proposed Summons
Mon 09/11 9:12 PM
Proposed Summons by Central Diesel, Inc., William Oehlschlager, Candice Smith. (McKinnon, Casey) |
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| 8 | 8
misc
Proposed Summons
Mon 09/11 9:09 PM
Proposed Summons by Central Diesel, Inc., William Oehlschlager, Candice Smith. (McKinnon, Casey) |
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| 7 | 7
misc
Financial Disclosure Statement
Mon 09/11 9:05 PM
Financial Interest Disclosure Statement (Local Rule 7.1) by Central Diesel, Inc., William Oehlschlager, Candice Smith. (McKinnon, Casey) |
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| 6 | 6
motion
Preliminary Injunction
Mon 09/11 9:02 PM
MOTION for Preliminary Injunction by Central Diesel, Inc., William Oehlschlager, Candice Smith.(McKinnon, Casey) |
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Att: 1
Exhibit Memorandum in Support,
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Att: 2
Proposed Order
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| 5 | 5
4
pgs
respm
Memorandum in Support
Mon 09/11 8:57 PM
Memorandum in Support re2 MOTION to Seal filed by Central Diesel, Inc., William Oehlschlager, Candice Smith. (McKinnon, Casey) |
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| 4 | 4
misc
Sealed Document
Mon 09/11 8:55 PM
Sealed Document re2 MOTION to Seal .(McKinnon, Casey) |
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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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Att: 4
Exhibit 4,
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Att: 5
Exhibit 5,
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Att: 6
Exhibit 6
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| 3 | 3
notice
Notice of Filing Sealing Motion LCvR5(C)
Mon 09/11 8:50 PM
Notice of Filing Sealing Motion LCvR5(C) by Central Diesel, Inc., William Oehlschlager, Candice Smith re2 MOTION to Seal (McKinnon, Casey) |
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| 2 | 2
motion
Seal
Mon 09/11 8:40 PM
MOTION to Seal by Central Diesel, Inc., William Oehlschlager, Candice Smith.(McKinnon, Casey) |
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Att: 1
Proposed Order
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| 1 | 1
cmp
Complaint
Mon 09/11 8:33 PM
Complaint ( Filing fee $ 402, receipt number AVAEDC-9119077.), filed by William Oehlschlager, Candice Smith, Central Diesel, Inc..(McKinnon, Casey) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Exhibit 1,
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Att: 3
Exhibit 2,
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Att: 4
Exhibit 3,
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Att: 5
Exhibit 4,
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Att: 6
Exhibit 5,
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Att: 7
Exhibit 6
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utility
Initial Case Assignment
Tue 09/12 8:50 AM
Initial Case Assignment to District Judge Leonie M. Brinkema and Magistrate Judge John F. Anderson. (dvanm) |
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