SMOKE et al v. WORMUTH
| District Of Columbia District Court | |
| Judge: | Ana C Reyes |
| Case #: | 1:24-cv-02919 |
| Nature of Suit | 890 Other Statutes - Other Statutory Actions |
| Cause | 05:0706 Judicial Review of Agency Actions |
| Case Filed: | Oct 15, 2024 |
| Last checked: Sunday Apr 13, 2025 6:19 AM EDT |
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Defendant
CHRISTINE WORMUTH
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Represented By
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Defendant
MERRICK B. GARLAND
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Represented By
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Defendant
MATTHEW M. GRAVES
U.S. Attorney for the District of Columbia
Washington, DC 20530 |
Represented By
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Plaintiff
JENNIFER M. MCINTYRE
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Represented By
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Plaintiff
KYLE A. SMOKE
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Represented By
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| Docket last updated: 05/04/2025 11:59 PM EDT |
| Thursday, May 01, 2025 | ||
| 38 | 38
notice
Notice (Other)
Thu 05/01 6:42 PM
NOTICE of Request for Pre-Motion Conference by MERRICK B. GARLAND, MATTHEW M. GRAVES, CHRISTINE WORMUTH (Ballweg, Alane) |
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| 37 | 37
notice
Notice (Other)
Thu 05/01 5:05 PM
NOTICE Requesting a Pre-Motion Conference by JENNIFER M. MCINTYRE, KYLE A. SMOKE (Hay, Daniel) |
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| Wednesday, April 30, 2025 | ||
| 36 | 36
notice
Notice of Appearance
Wed 04/30 4:40 PM
NOTICE of Appearance by Johnny Hillary Walker, III on behalf of All Defendants (Walker, Johnny) |
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order
Order on Motion to Stay
Wed 04/30 3:57 PM
MINUTE ORDER granting35 Motion to Stay. The Court ORDERS that Defendants' deadline to respond to Plaintiffs'31 Amended Motion to Certify Class is stayed until further order of the Court. The parties shall proceed with their pre-motion notices. After the pre-motion notices and responses are filed, the Courts ORDERS the parties to contact the Courtroom Deputy, Chashawn White, chashawn_white@dcd.uscourts.gov, to schedule a hearing on the pre-motion notices. Signed by Judge Ana C. Reyes on 4/30/2025. (lcacr3) |
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| Tuesday, April 29, 2025 | ||
| 35 | 35
3
pgs
motion
Stay
Tue 04/29 5:14 PM
Consent MOTION to Stay Response to Plaintiffs' Revised Motion for Class Certification and Appointment of Class Counsel (ECF No. 34) by MERRICK B. GARLAND, MATTHEW M. GRAVES, CHRISTINE WORMUTH.(Ballweg, Alane) |
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Att: 1
Text of Proposed Order
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| Tuesday, April 22, 2025 | ||
| 34 | 34
misc
Errata
Tue 04/22 8:38 PM
ERRATA by KYLE A. SMOKE re31 Motion to Certify Class,, Motion to Appoint Lead Counsel,.(Hay, Daniel) |
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Att: 1
Memorandum in Support of Plaintiffs' Revised Motion for Class Certification and Appointment of Class Counsel,
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Att: 2
Exhibit A - Report to Congress on the Use of Open-Air Burn Pits by the U.S. Armed Forces,
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Att: 3
Exhibit B - Declaration of Rochelle Bobroff,
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Att: 4
Exhibit C - Declaration of Daniel J. Hay,
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Att: 5
Text of Proposed Order
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| Monday, April 21, 2025 | ||
| 33 | 33
notice
Notice of Appearance
Mon 04/21 4:39 PM
NOTICE of Appearance by Timothy Cunningham, Jr on behalf of JENNIFER M. MCINTYRE, KYLE A. SMOKE (Cunningham, Timothy) |
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order
Order on Motion for Leave to Appear Pro Hac Vice
Mon 04/21 1:46 PM
MINUTE ORDER granting32 Motion for Leave to Appear Pro Hac Vice. Attorney Timothy E. Cunningham, Jr. is admitted pro hac vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). [LINK:Click for instructions] . Signed by Judge Ana C. Reyes on 4/21/2025. (lcacr3) |
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| Friday, April 18, 2025 | ||
| 32 | 32
motion
Appear Pro Hac Vice
Fri 04/18 5:51 PM
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Timothy E. Cunningham, Jr., Filing fee $ 100, receipt number ADCDC-11628815. Fee Status: Fee Paid. by JENNIFER M. MCINTYRE, KYLE A. SMOKE. (Hay, Daniel) |
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| 31 | 31
6
pgs
motion
Certify Class
Fri 04/18 5:40 PM
Amended MOTION to Certify Class and Appointment of Class Counsel by JENNIFER M. MCINTYRE, KYLE A. SMOKE.(Hay, Daniel) |
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Att: 1
Memorandum in Support,
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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
Proposed Order
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| Tuesday, April 01, 2025 | ||
| 30 | 30
misc
Administrative Record
Tue 04/01 3:42 PM
ADMINISTRATIVE RECORD Index (Smoke) by CHRISTINE WORMUTH, MATTHEW M. GRAVES, MERRICK B. GARLAND.(Ballweg, Alane) |
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Att: 1
Administrative Record Index (McIntyre)
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| Friday, January 24, 2025 | ||
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order
Order on Motion to Stay
Fri 01/24 10:37 AM
MINUTE ORDER granting in part29 Motion to Stay Answer Deadline. The Court ORDERS that the motion to stay is GRANTED; ORDERS that Defendants' Answer deadline is stayed until further order of the Court; and ORDERS the parties to abide by the following briefing schedule: 1. Defendants will provide Plaintiffs with the certified administrative record for review on or before March 18, 2025. 2. Defendants will file the certified index of the administrative record on or before April 1, 2025. 3. Plaintiffs will file an amended motion for class certification, if any, on or before April 18, 2025. 4. Either party shall file any pre-motion notice for a dispositive motion on or before May 1, 2025. After the pre-motions notices are fully briefed by both sides per the rules in the Judge's Standing Order, the parties should contact the courtroom deputy to set up a pre-motion conference. Signed by Judge Ana C. Reyes on 1/24/2025. (lcacr3) |
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| Friday, January 17, 2025 | ||
| 29 | 29
motion
Stay
Fri 01/17 1:32 PM
Joint MOTION to Stay Answer Deadline and Enter Briefing Schedule by CHRISTINE WORMUTH, MATTHEW M. GRAVES, MERRICK B. GARLAND.(Ballweg, Alane) |
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Att: 1
Text of Proposed Order
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| Tuesday, January 14, 2025 | ||
| 28 | 28
order
Standing Order
Tue 01/14 5:24 PM
STANDING ORDER. The Court ORDERS the parties to comply with the Court's Standing Order. See Standing Order for details. Signed by Judge Ana C. Reyes on 1/14/2025. (lcacr3) |
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| Monday, January 13, 2025 | ||
| 27 | 27
notice
Notice of Appearance
Mon 01/13 11:38 AM
NOTICE of Appearance by Esther N. Leibfarth on behalf of All Plaintiffs (Leibfarth, Esther) |
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| Friday, January 10, 2025 | ||
| 26 | 26
notice
Notice of Withdrawal of Appearance
Fri 01/10 12:55 PM
NOTICE OF WITHDRAWAL OF APPEARANCE as to KYLE A. SMOKE, JENNIFER M. MCINTYRE. Attorney Elizabeth M. Chiarello terminated. (Chiarello, Elizabeth) |
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| Monday, December 16, 2024 | ||
| 25 | 25
motion
Extension of Time to
Mon 12/16 2:38 PM
Consent MOTION for Extension of Time to Respond by CHRISTINE WORMUTH, MATTHEW M. GRAVES, MERRICK B. GARLAND.(Ballweg, Alane) |
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Att: 1
Text of Proposed Order
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order
Order on Motion for Extension of Time to Set/Reset Deadlines
Mon 12/16 3:57 PM
MINUTE ORDER granting25 Motion for Extension of Time; Set/Reset Deadlines: Answer due by 1/17/2025. Defendants' response is due by January 17, 2025. Signed by Judge Ana C. Reyes on 12/16/2024. (lcacr3) |
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| Friday, December 13, 2024 | ||
| 24 | 24
notice
Notice of Appearance
Fri 12/13 12:00 PM
NOTICE of Appearance by Alane Ballweg on behalf of All Defendants (Ballweg, Alane) |
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| Wednesday, November 27, 2024 | ||
| 23 | 23
notice
Notice of Withdrawal of Appearance
Wed 11/27 11:35 AM
NOTICE OF WITHDRAWAL OF APPEARANCE as to KYLE A. SMOKE, JENNIFER M. MCINTYRE. Attorney C. K. Kevin Park terminated. (Park, C. K. Kevin) |
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| Thursday, November 14, 2024 | ||
| 22 | 22
6
pgs
motion
Certify Class
Thu 11/14 1:44 PM
MOTION to Certify Class And Appointment of Class Counsel by KYLE A. SMOKE, JENNIFER M. MCINTYRE.(Wexler, Emily) |
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Att: 1
Memorandum in Support,
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Att: 2
Exhibit A - Declaration of Rochelle Bobroff,
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Att: 3
Exhibit B - Declaration of Elizabeth M. Chiarello
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| Tuesday, October 29, 2024 | ||
| 21 | 21
service
Summons Returned Executed as to US Attorney
Tue 10/29 3:38 PM
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/21/2024. Answer due for ALL FEDERAL DEFENDANTS by 12/20/2024. (Hay, Daniel) |
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| 20 | 20
service
Summons Returned Executed as to U.S. Attorney General
Tue 10/29 3:36 PM
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/22/24. (Hay, Daniel) |
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| 19 | 19
service
Summons Returned Executed as to Federal Defendant
Tue 10/29 3:34 PM
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CHRISTINE WORMUTH served on 10/22/2024 (Hay, Daniel) |
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| Monday, October 21, 2024 | ||
| 18 | 18
notice
Notice of Appearance
Mon 10/21 5:43 PM
NOTICE of Appearance by Susan K. Whaley on behalf of JENNIFER M. MCINTYRE, KYLE A. SMOKE (Whaley, Susan) |
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| 17 | 17
notice
Notice of Appearance
Mon 10/21 11:39 AM
NOTICE of Appearance by Mark C. Priebe on behalf of JENNIFER M. MCINTYRE, KYLE A. SMOKE (Priebe, Mark) |
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| 16 | 16
notice
Notice of Appearance
Mon 10/21 11:36 AM
NOTICE of Appearance by Emily Mily Wexler on behalf of JENNIFER M. MCINTYRE, KYLE A. SMOKE (Wexler, Emily) |
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| Friday, October 18, 2024 | ||
| 15 | 15
notice
Notice of Appearance
Fri 10/18 3:30 PM
NOTICE of Appearance by C. K. Kevin Park on behalf of JENNIFER M. MCINTYRE, KYLE A. SMOKE (Park, C. K. Kevin) |
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| 14 | 14
notice
Notice of Appearance
Fri 10/18 3:08 PM
NOTICE of Appearance by Elizabeth M. Chiarello on behalf of JENNIFER M. MCINTYRE, KYLE A. SMOKE (Chiarello, Elizabeth) |
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| 13 | 13
service
Electronic Summons Issued as to AUSA,USAG
Fri 10/18 9:29 AM
SUMMONS (2) Issued Electronically as to MERRICK B. GARLAND U.S. Attorney General and MATTHEW M. GRAVES U.S. Attorney.(zdp) |
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Att: 1
Notice and Consent
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| Thursday, October 17, 2024 | ||
| 12 | 12
cmp
Request for Summons to Issue
Thu 10/17 5:09 PM
REQUEST FOR SUMMONS TO ISSUE FOR Merrick B. Garland, U.S. Attorney General filed by KYLE A. SMOKE, JENNIFER M. MCINTYRE.(Hay, Daniel) |
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| 11 | 11
cmp
Request for Summons to Issue
Thu 10/17 5:07 PM
REQUEST FOR SUMMONS TO ISSUE FOR MATTHEW M. GRAVES, U.S. ATTORNEY filed by KYLE A. SMOKE, JENNIFER M. MCINTYRE.(Hay, Daniel) |
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| 10 | 10
service
Electronic Summons Issued
Thu 10/17 4:40 PM
SUMMONS (1) Issued Electronically as to CHRISTINE WORMUTH. (Attachment: #1 Notice and Consent)(zsl) |
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utility
Case Assigned/Reassigned
Thu 10/17 4:38 PM
Case Assigned to Judge Ana C. Reyes. (zsl) |
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notice
Notice of Error- New Case
Thu 10/17 4:41 PM
NOTICE OF NEW CASE ERROR regarding3 Request for Summons to Issue. The following error(s) need correction: Missing summonses- U.S. government. When naming a U.S. government agent or agency as a defendant, you must supply a summons for each defendant & two additional summonses for the U.S. Attorney & U.S. Attorney General. Please submit using the event Request for Summons to Issue. (zsl) |
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order
Order on Motion for Leave to Appear Pro Hac Vice
Thu 10/17 4:54 PM
MINUTE ORDER granting4 Motion for Leave to Appear Pro Hac Vice. Attorney Elizabeth Chiarello is admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). [LINK:Click for instructions] . Signed by Judge Ana C. Reyes on 10/17/2024. (lcacr3) |
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order
Order on Motion for Leave to Appear Pro Hac Vice
Thu 10/17 4:55 PM
MINUTE ORDER granting5 Motion for Leave to Appear Pro Hac Vice. Attorney Emily Mily Wexler is admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). [LINK:Click for instructions] . Signed by Judge Ana C. Reyes on 10/17/2024. (lcacr3) |
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order
Order on Motion for Leave to Appear Pro Hac Vice
Thu 10/17 4:57 PM
MINUTE ORDER granting6 Motion for Leave to Appear Pro Hac Vice. Attorney C.K. Kevin Park is admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). [LINK:Click for instructions] . Signed by Judge Ana C. Reyes on 10/17. (lcacr3) |
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order
Order on Motion for Leave to Appear Pro Hac Vice
Thu 10/17 4:58 PM
MINUTE ORDER granting7 Motion for Leave to Appear Pro Hac Vice. Attorney Mark Priebe is admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). [LINK:Click for instructions] . Signed by Judge Ana C. Reyes on 10/17/2024. (lcacr3) |
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order
Order on Motion for Leave to Appear Pro Hac Vice
Thu 10/17 5:01 PM
MINUTE ORDER granting8 Motion for Leave to Appear Pro Hac Vice. Attorney Susan K. Whaley is admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). [LINK:Click for instructions] . Signed by Judge Ana C. Reyes on 10/17/2024. (lcacr3) |
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| Wednesday, October 16, 2024 | ||
| 9 | 9
notice
Notice of Appearance
Wed 10/16 3:01 PM
NOTICE of Appearance by Rochelle Bobroff on behalf of All Plaintiffs (Bobroff, Rochelle) |
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| 8 | 8
motion
Appear Pro Hac Vice
Wed 10/16 12:37 PM
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Susan K. Whaley, Filing fee $ 100, receipt number ADCDC-11235432. Fee Status: Fee Paid. by JENNIFER M. MCINTYRE, KYLE A. SMOKE. (Hay, Daniel) |
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| 7 | 7
motion
Appear Pro Hac Vice
Wed 10/16 12:35 PM
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Mark Priebe, Filing fee $ 100, receipt number ADCDC-11235415. Fee Status: Fee Paid. by JENNIFER M. MCINTYRE, KYLE A. SMOKE. (Hay, Daniel) |
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| 6 | 6
motion
Appear Pro Hac Vice
Wed 10/16 12:32 PM
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- C.K. Kevin Park, Filing fee $ 100, receipt number ADCDC-11235397. Fee Status: Fee Paid. by JENNIFER M. MCINTYRE, KYLE A. SMOKE. (Hay, Daniel) |
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| 5 | 5
motion
Appear Pro Hac Vice
Wed 10/16 12:12 PM
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Emily Mily Wexler, Filing fee $ 100, receipt number ADCDC-11235232. Fee Status: Fee Paid. by JENNIFER M. MCINTYRE, KYLE A. SMOKE. (Hay, Daniel) |
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| 4 | 4
motion
Appear Pro Hac Vice
Wed 10/16 11:55 AM
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Elizabeth A. Chiarello, Filing fee $ 100, receipt number ADCDC-11235110. Fee Status: Fee Paid. by JENNIFER M. MCINTYRE, KYLE A. SMOKE. (Hay, Daniel) |
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| 3 | 3
cmp
Request for Summons to Issue
Wed 10/16 11:49 AM
REQUEST FOR SUMMONS TO ISSUE filed by KYLE A. SMOKE, JENNIFER M. MCINTYRE.(Hay, Daniel) |
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| 2 | 2
notice
Notice of Appearance
Wed 10/16 11:40 AM
NOTICE of Appearance by Daniel J. Hay on behalf of JENNIFER M. MCINTYRE, KYLE A. SMOKE (Hay, Daniel) |
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| Tuesday, October 15, 2024 | ||
| 1 | 1
26
pgs
cmp
Complaint
Tue 10/15 5:14 PM
COMPLAINT For Declaratory And Injunctive Relief against CHRISTINE WORMUTH ( Filing fee $ 405 receipt number ADCDC-11233158) filed by KYLE A. SMOKE, JENNIFER M. MCINTYRE.(Hay, Daniel) |
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Att: 1
Civil Cover Sheet
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