Norfolk Southern Railway Company v. Cox Communications Hampton Roads LLC
| Virginia Eastern District Court | |
| Judge: | David J Novak |
| Case #: | 3:24-cv-00263 |
| Nature of Suit | 950 Other Statutes - Constitutionality of State Statutes |
| Cause | 28:2201 Constitutionality of State Statute(s) |
| Case Filed: | Apr 11, 2024 |
| Last checked: Saturday Oct 12, 2024 8:27 AM EDT |
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Defendant
Cox Communications Hampton Roads LLC
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Represented By
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Intervenor Defendant
Commonwealth of Virginia
202 N. 9th St
Richmond, VA 23219 |
Represented By
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Plaintiff
Norfolk Southern Railway Company
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Represented By
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| Docket last updated: 11 hours ago |
| Thursday, February 06, 2025 | ||
| 43 | 43
1
pgs
order
Order on Motion to Withdraw as Attorney
Thu 02/06 11:49 AM
ORDER (Granting Motion to Withdraw) - This matter comes before the Court on Attorney Lucas Croslow's Motion to Withdraw as Counsel for Plaintiff Norfolk Southern Railway Company ("Plaintiff"). (ECF No.42 ("Motion").) For good cause shown, and as Plaintiff will still be represented by counsel, the Court hereby GRANTS the Motion (ECF No.42 ). It is SO ORDERED.Signed by District Judge David J. Novak on 2/6/2025. (ewat, ) |
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| Wednesday, February 05, 2025 | ||
| 42 | 42
motion
Withdraw as Attorney
Wed 02/05 4:41 PM
MOTION to Withdraw as Attorney Lucas Croslow by Norfolk Southern Railway Company. (Croslow, Lucas) |
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| Monday, September 23, 2024 | ||
| 41 | 41
1
pgs
order
Order on Motion to Withdraw as Attorney
Mon 09/23 2:19 PM
ORDER- This matter comes before the Court on Attorney Chike B. Croslins Motion to Withdraw as counsel for Plaintiff Norfolk Southern Railway Company (Plaintiff). (Motion,40 .) For good cause shown, and as Plaintiff will still be represented by counsel, the Court hereby GRANTS the Motion,40 . Signed by District Judge David J. Novak on 9/23/2024. (adun, ) |
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| 40 | 40
motion
Withdraw as Attorney
Mon 09/23 9:57 AM
MOTION to Withdraw as Attorney Chike B. Croslin by Norfolk Southern Railway Company. (Croslow, Lucas) |
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| Thursday, August 01, 2024 | ||
| 39 | 39
5
pgs
order
Order Staying Case
Thu 08/01 11:17 AM
MEMORANDUM ORDER (Staying Proceedings) that this action is stayed pending resolution of CSX's petition to the Supreme Court of Virginia. All current deadlines in this action are vacated. Because Cox and the Commonwealth constitute parties in both this case and the separate case before this Court, CSX Transportation Inc. v. Cox Communications Hampton Roads LLC, Case No. 3:24cv271 (E.D. Va. 2024), Cox and the Commonwealth SHALL provide Notice to Norfolk Southern within 7 days of final resolution by the Supreme Court of Virginia of CSX's petition, informing Norfolk Southern of such resolution. The Court further orders that the parties SHALL confer and file a Status Report and proposed briefing schedule within 21 days of final resolution by the Supreme Court of Virginia of CSX's petition. Lastly, because the Court issued this Stay sua sponte, any party wishing to object to the imposition of this Stay SHALL, within 14 days of entry hereof, file such objection with the Court, stating why the Stay should not continue. Responses in opposition to any such objections shall be due 14 days after the filing of such objections. SEE ORDER FOR DETAILS. Signed by District Judge David J. Novak on 8/1/2024. (adun, ) |
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| Monday, July 15, 2024 | ||
| 38 | 38
1
pgs
order
Order on Motion for Leave to File Excess Pages
Mon 07/15 11:53 AM
ORDER that the Court hereby GRANTS the Motion, (ECF No.36 ). Plaintiff may respond to both Defendants' motions to dismiss in a single brief of up to 40 pages. Signed by District Judge David J. Novak on 7/15/2024. (adun, ) |
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| Thursday, July 11, 2024 | ||
| 37 | 37
misc
Waiver of
Thu 07/11 2:05 PM
Waiver of re36 Consent MOTION for Leave to File Excess Pages In the Form of a Single 40-page Brief Waiver of Oral Argument by Norfolk Southern Railway Company (Todd, Gordon) |
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| 36 | 36
motion
File Excess Pages
Thu 07/11 2:03 PM
Consent MOTION for Leave to File Excess Pages In the Form of a Single 40-page Brief by Norfolk Southern Railway Company. (Todd, Gordon) |
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| Monday, July 08, 2024 | ||
| 35 | 35
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pgs
respm
Memorandum in Support
Mon 07/08 8:25 PM
Memorandum in Support re34 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Commonwealth of Virginia.(Maley, Erika) |
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Att: 1
Exhibit Declaration of Erika L. Maley,
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Att: 2
Exhibit A - Petition,
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Att: 3
Exhibit B - Withdrawal of request for additional compensation,
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Att: 4
Exhibit C - June 14 Order,
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Att: 5
Exhibit D - Expedited Motion to Stay the June 14 Order
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| 34 | 34
motion
Dismiss for Failure to State a Claim Dismiss/Lack of Jurisdiction
Mon 07/08 8:23 PM
MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction by Commonwealth of Virginia. (Maley, Erika) |
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| 33 | 33
30+
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respm
Memorandum in Support
Mon 07/08 6:33 PM
Memorandum in Support re32 MOTION to Dismiss for Failure to State a Claim filed by Cox Communications Hampton Roads LLC. (Weiss, Joshua) |
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| 32 | 32
motion
Dismiss for Failure to State a Claim
Mon 07/08 6:27 PM
MOTION to Dismiss for Failure to State a Claim by Cox Communications Hampton Roads LLC. (Weiss, Joshua) |
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| Monday, June 17, 2024 | ||
| 31 | 31
notice
Notice (other)
Mon 06/17 7:53 PM
NOTICE by Cox Communications Hampton Roads LLC Notice of Order in Related Proceeding(Weiss, Joshua) |
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Att: 1
Exhibit A - Order
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| 30 | 30
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pgs
order
Order on Motion to Stay
Mon 06/17 11:34 AM
ORDER- The Court exercises its substantial discretion and hereby DENIES Plaintiff's Motion. SEE ORDER FOR DETAILS. Signed by District Judge David J. Novak on 6/17/2024. (adun, ) |
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misc
Notice of Correction
Mon 06/17 9:24 AM
Notice of Correction re29 ; Memorandum in Support filed as an attachment, not a separate entry- Clerk's office has contacted the filing attorney regarding the memorandum in support of the corrected motion to stay. (adun, ) |
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| Friday, June 14, 2024 | ||
| 29 | 29
motion
Stay
Fri 06/14 6:59 PM
MOTION to Stay re26 MOTION to Stay Proceedings Corrected Motion to Stay Proceedings by Norfolk Southern Railway Company.(Todd, Gordon) |
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Att: 1
Exhibit Memorandum in Support,
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Att: 2
Proposed Order
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| 28 | 28
misc
Waiver of
Fri 06/14 4:57 PM
Waiver of re26 MOTION to Stay Proceedings by Norfolk Southern Railway Company (Todd, Gordon) |
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| 27 | 27
6
pgs
respm
Memorandum in Support
Fri 06/14 4:50 PM
Memorandum in Support re26 MOTION to Stay Proceedings filed by Norfolk Southern Railway Company. (Todd, Gordon) |
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| 26 | 26
motion
Stay
Fri 06/14 4:48 PM
MOTION to Stay Proceedings by Norfolk Southern Railway Company.(Todd, Gordon) |
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Att: 1
Proposed Order
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| Wednesday, June 12, 2024 | ||
| 25 | 25
2
pgs
order
Order on Motion for Extension of Time to File
Wed 06/12 12:15 PM
ORDER (Setting Briefing Schedule) the Court hereby GRANTS IN PART the Joint Motion (ECF No.24 ) and ORDERS the following: 1. Defendant's answer or Rule 12 motion to dismiss and supporting brief shall be filed no later than July 8, 2024. 2. Intervenor's Rule 12 motion to dismiss and supporting brief shall be filed no later than July 8, 2024. 3. Plaintiff's brief in opposition to Defendant's and Intervenor's motions to dismiss shall be filed no later than August 8, 2024. 4. Defendant's and Intervenor's reply briefs shall be filed no later than August 29, 2024. Signed by District Judge David J. Novak on 6/12/2024. (adun, ) |
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| Tuesday, June 11, 2024 | ||
| 24 | 24
motion
Extension of
Tue 06/11 5:33 PM
Joint MOTION for Extension of Time and to Set Briefing Schedule by Commonwealth of Virginia.(Maley, Erika) |
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Att: 1
Proposed Order
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| Wednesday, June 05, 2024 | ||
| 23 | 23
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pgs
order
Order on Motion to Intervene
Wed 06/05 1:40 PM
ORDER (Granting Motion to Intervene) that because this matter involves a challenge to the constitutionality of Virginia Code § 56-16.3, the Court hereby GRANTS the Motion, (ECF No.20 ). SEE ORDER FOR DETAILS. It is so ORDERED. Signed by District Judge David J. Novak on 6/4/2024. (jenjones, ) |
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| Tuesday, June 04, 2024 | ||
| 22 | 22
notice
Notice (other)
Tue 06/04 12:02 PM
NOTICE by Commonwealth of Virginia re20 MOTION to Intervene (Maley, Erika) |
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| 21 | 21
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pgs
respm
Memorandum in Support
Tue 06/04 11:02 AM
Memorandum in Support re20 MOTION to Intervene filed by Commonwealth of Virginia. (Maley, Erika) |
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| 20 | 20
motion
Intervene
Tue 06/04 11:01 AM
MOTION to Intervene by Commonwealth of Virginia. (Maley, Erika) |
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| Monday, May 20, 2024 | ||
| 19 | 19
1
pgs
order
Order on Motion for Extension of Time to Answer
Mon 05/20 1:50 PM
ORDER (Granting Consent Motion for Extension of Time to File Responsive Pleading) - This matter comes before the Court on Defendant Cox Communications Hampton Roads LLC's ("Defendant") Motion for an Extension of Time to File a Responsive Pleading, ("Motion," ECF No. 18). For good cause shown, and as Plaintiff consents to the Motion, the Court hereby GRANTS the Motion, (ECF No. 18). Defendant shall file a responsive pleading to Plaintiff's Complaint, (ECF No. 1), by June 28. 2024. Signed by District Judge David J. Novak on 5/20/2024. (smej, ) |
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| Friday, May 17, 2024 | ||
| 18 | 18
motion
Extension of Time to File Answer
Fri 05/17 5:51 PM
Consent MOTION for Extension of Time to File Answer re1 Complaint, by Cox Communications Hampton Roads LLC.(Weiss, Joshua) |
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Att: 1
Proposed Order
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| Thursday, April 25, 2024 | ||
| 17 | 17
notice
Notice (other)
Thu 04/25 1:33 PM
NOTICE of Constitutional Challenge to a State Statue by Norfolk Southern Railway Company.(Todd, Gordon) Modified text on 4/25/2024 (adun, ) |
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Att: 1
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF,
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Att: 2
Order
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| Thursday, April 18, 2024 | ||
| 16 | 16
2
pgs
order
Order on Motion for Pro hac vice
Thu 04/18 12:21 PM
ORDER granting11 Motion for Pro hac vice. Stephen Laudone appointed for Norfolk Southern Railway Company. Signed by District Judge David J. Novak on 4/18/2024. (jsmi, ) |
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| 15 | 15
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pgs
order
Order on Motion for Pro hac vice
Thu 04/18 12:18 PM
ORDER granting10 Motion for Pro hac vice. Chike Croslin appointed for Norfolk Southern Railway Company. Signed by District Judge David J. Novak on 4/18/2024. (jsmi, ) |
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| 14 | 14
1
pgs
order
Order on Motion for Pro hac vice
Thu 04/18 12:17 PM
ORDER granting9 Motion for Pro hac vice. Raymond Atkins appointed for Norfolk Southern Railway Company. Signed by District Judge David J. Novak on 4/18/2024. (jsmi, ) |
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| 13 | 13
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pgs
order
Order on Motion for Pro hac vice
Thu 04/18 12:14 PM
ORDER granting8 Motion for Pro hac vice. Lakeisha Faye Mays appointed for Norfolk Southern Railway Company. Signed by District Judge David J. Novak on 4/18/2024. (jsmi, ) |
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| 12 | 12
1
pgs
order
Order on Motion for Pro hac vice
Thu 04/18 12:12 PM
ORDER granting7 Motion for Pro hac vice. Tobias S. Loss-Eaton appointed for Norfolk Southern Railway Company. Signed by District Judge David J. Novak on 4/18/2024. (jsmi, ) |
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| Tuesday, April 16, 2024 | ||
| 11 | 11
motion
Pro Hac Vice
Tue 04/16 5:11 PM
Motion to appear Pro Hac Vice by Stephen Laudone and Certification of Local Counsel Lucas Croslow Filing fee $ 75, receipt number AVAEDC-9476330. by Norfolk Southern Railway Company. (Croslow, Lucas) |
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| 10 | 10
motion
Pro Hac Vice
Tue 04/16 4:59 PM
Motion to appear Pro Hac Vice by Chike Croslin and Certification of Local Counsel Lucas Croslow Filing fee $ 75, receipt number AVAEDC-9476322. by Norfolk Southern Railway Company. (Croslow, Lucas) |
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| 9 | 9
motion
Pro Hac Vice
Tue 04/16 4:57 PM
Motion to appear Pro Hac Vice by Raymond Atkins and Certification of Local Counsel Lucas Croslow Filing fee $ 75, receipt number AVAEDC-9476311. by Norfolk Southern Railway Company. (Croslow, Lucas) |
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| 8 | 8
motion
Pro Hac Vice
Tue 04/16 4:55 PM
Motion to appear Pro Hac Vice by Lakeisha Faye Mays and Certification of Local Counsel Lucas Croslow Filing fee $ 75, receipt number AVAEDC-9476300. by Norfolk Southern Railway Company. (Croslow, Lucas) |
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| 7 | 7
motion
Pro Hac Vice
Tue 04/16 4:53 PM
Motion to appear Pro Hac Vice by Tobias Samuel Loss-Eaton and Certification of Local Counsel Lucas Croslow Filing fee $ 75, receipt number AVAEDC-9476283. by Norfolk Southern Railway Company. (Croslow, Lucas) |
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| 6 | 6
service
Waiver of Service Executed
Tue 04/16 4:07 PM
WAIVER OF SERVICE Returned Executed by Norfolk Southern Railway Company. Cox Communications Hampton Roads LLC waiver sent on 4/15/2024, answer due 6/14/2024. (Todd, Gordon) |
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| Monday, April 15, 2024 | ||
| 5 | 5
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order
Order
Mon 04/15 2:59 PM
ORDER - Ordering Notice to Attorney General of Virginia; Providing Certification; Court hereby ORDERS Plaintiff to, within fourteen (14) days of entry of this Order, serve on the Attorney General of Virginia a copy of the Complaint and a notice stating the constitutional questions at issue in the Complaint. Signed by District Judge David J. Novak on 4/15/2024. (cgar) |
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| Thursday, April 11, 2024 | ||
| 4 | 4
service
Summons Issued
Thu 04/11 3:39 PM
Summons Issued as to Cox Communications Hampton Roads LLC. NOTICE TO ATTORNEY Please remove the headers and print two duplex 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. Electronically file the summons return using the filing events Summons Returned Executed or Summons Returned Unexecuted. Please ensure that the original summons page signed by the clerk is the first document to appear when filing the return of service. (adun, ) |
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| 3 | 3
misc
Financial Disclosure Statement
Thu 04/11 1:37 PM
Financial Interest Disclosure Statement (Local Rule 7.1) by Norfolk Southern Railway Company. (Todd, Gordon) |
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| 2 | 2
misc
Proposed Summons
Thu 04/11 1:33 PM
Proposed Summons by Norfolk Southern Railway Company. (Todd, Gordon) (Main Document 2 replaced on 4/11/2024) (adun, ) |
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| 1 | 1
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cmp
Complaint
Thu 04/11 1:29 PM
Complaint ( Filing fee $ 405, receipt number AVAEDC-9467228.), filed by Norfolk Southern Railway Company.(Todd, Gordon) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Declaration of Gordon D. Todd in Support of Complaint,
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Att: 3
Exhibit 1,
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Att: 4
Exhibit 2,
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Att: 5
Exhibit 3,
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Att: 6
Exhibit 4,
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Att: 7
Exhibit 5,
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Att: 8
Exhibit 6,
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Att: 9
Exhibit 7,
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Att: 10
Exhibit 8,
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Att: 11
Exhibit 9
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utility
Initial Case Assignment
Thu 04/11 3:15 PM
Initial Case Assignment to District Judge David J. Novak. (adun, ) |
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