Roberts v. Powell et al

Federal Civil Lawsuit South Carolina District Court, Case No. 4:17-cv-01536
District Judge David C Norton, presiding
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District Judge David C Norton
Last Updated July 29, 2025 at 5:32 PM EDT (11.9 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Anonymized Party [39EC33B], Plaintiff

Represented by Bill Nettles Law

Name Phone Fax E-Mail
Space William Norman Nettles +1 803 814 2826 +1 888 745 1381 bill@billnettleslaw.com

Represented by Leigh Leventis Law Office

Name Phone Fax E-Mail
Space Joseph Leigh Leventis joe@leventislaw.com

Represented by Louthian and Louthian

Name Phone Fax E-Mail
Space Michael David Scott david@louthianlaw.com

Represented by Richard A. Harpootlian PA

Name Phone Fax E-Mail
Space Richard A. Harpootlian +1 803 252 4848 +1 803 252 4810 rah@harpootlianlaw.com
Space Christopher P Kenney +1 803 252 4848 cpk@harpootlianlaw.com
v.
No Logo Captain J. (f/n/u) Powell, Defendant

Represented by HOOD LAW FIRM LLC

Name Phone Fax E-Mail
Space James Whittington Clement jim.clement@hoodlaw.com
Space Elloree A Ganes +1 843 577 4435 +1 843 722 1630 elloree.ganes@hoodlaw.com

Represented by Lesemann and Associates LLC

Name Phone Fax E-Mail
Space Benjamin Houston Joyce bhj@lalawsc.com
No Logo Officer (f/n/u) Doe, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space James Whittington Clement
Space Benjamin Houston Joyce

Represented by HOOD LAW FIRM LLC

Name Phone Fax E-Mail
Space Elloree A Ganes +1 843 577 4435 +1 843 722 1630 elloree.ganes@hoodlaw.com
No Logo Sergeant (f/n/u) Doe, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space James Whittington Clement
Space Benjamin Houston Joyce

Represented by HOOD LAW FIRM LLC

Name Phone Fax E-Mail
Space Elloree A Ganes +1 843 577 4435 +1 843 722 1630 elloree.ganes@hoodlaw.com
Attributes
Nature of Suit 555 - Civil Rights (Prison Condition)
Cause Section 42 U.S.C. § 1983 Prisoner Civil Rights
Jurisdiction Federal Question
Case Status closed
Jury Demand Both
Anonymization By SCALES
Timeline
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Blank 113 Filed: 10/22/2019, Entered: 10/22/2019
TEXT ORDER granting 110 Motion to Withdraw as Attorney. Signed by Honorable David C Norton on 10/22/2019.(eric, )
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Legal Document (Payment Possibly Required) 115 Filed: 9/26/2019, Entered: 4/3/2020
USCA MANDATE and ORDER as to 107 Notice of Appeal, filed by 39EC33B (Attachments: # 1 ORDER)(dsto, )
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Legal Document (Payment Possibly Required) 111 Filed: 7/5/2019, Entered: 7/8/2019
ORDER of USCA as to 4 Motion to withdraw/relieve counsel, filed by 39EC33B. (dsto, )
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Legal Document (Payment Possibly Required) 110 Filed: 7/3/2019, Entered: 7/3/2019
MOTION to Withdraw as Attorney by 39EC33B. Response to Motion due by 7/17/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit A - Plaintiff's Consent to Withdraw)No proposed order.(Kenney, Christopher)
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Legal Document (Payment Possibly Required) 108 Filed: 6/26/2019, Entered: 6/26/2019
Transmittal Sheet for Notice of Appeal to USCA re 107 Notice of Appeal, The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (dsto, )
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Legal Document (Payment Possibly Required) 107 Filed: 6/25/2019, Entered: 6/25/2019
NOTICE OF APPEAL as to 105 Order on Motion for Summary Judgment, Order on Report and Recommendation by 39EC33B. - Filing fee $ 505, receipt number 0420-8523831. The Docketing Statement form, Transcript Order form and CJA 24 form may be obtained from the Fourth Circuit website at www.ca4.uscourts.gov (Kenney, Christopher) (Main Document 107 replaced on 6/26/2019 to correct filing errors) (dsto)
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Legal Document (Payment Possibly Required) 106 Filed: 6/10/2019, Entered: 6/10/2019
JUDGMENT in favor of Captain J. (f/n/u) Powell, Officer (f/n/u) Doe, Sergeant (f/n/u) Doe against 39EC33B (jbry, )
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Legal Document (Payment Possibly Required) 105 Filed: 6/7/2019, Entered: 6/7/2019
ORDER granting 68 Motion for Summary Judgment; affirming 96 Report and Recommendation. Signed by Honorable David C Norton on June 7, 2019.(cban, )
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Blank 103 Filed: 6/3/2019, Entered: 6/3/2019
TEXT ORDER finding as moot 101 Motion for Writ Signed by Honorable David C Norton on 6/3/2019.(eric, )
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Blank 102 Filed: 6/3/2019, Entered: 6/3/2019
NOTICE of Cancellation of Hearing: on Motion 68 MOTION for Summary Judgment : Motion Hearing set for Tuesday, 6/4/2019 at 2:00 PM (jbry, )
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Legal Document (Payment Possibly Required) 101 Filed: 6/3/2019, Entered: 6/3/2019
MOTION for Writ Transport Order by 39EC33B. Response to Motion due by 6/17/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.(Kenney, Christopher)
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Blank 100 Filed: 5/16/2019, Entered: 5/16/2019
NOTICE OF RESCHEDULED HEARING on Motion 68 MOTION for Summary Judgment : Motion Hearing set for Tuesday, 6/4/2019 at 11:00 AM cancelled and rescheduled to: Motion Hearing set for Tuesday, 6/4/2019 at 2:00 PM in Hon. Sol Blatt, Jr., Courtroom, J. Waties Waring Judicial Cntr, 83 Meeting St, Charleston before Honorable David C Norton. ***NOTE: TIME CHANGE ONLY!!***(jbry, )
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Blank 99 Filed: 4/22/2019, Entered: 4/22/2019
NOTICE of Hearing on Motion 68 MOTION for Summary Judgment : Motion Hearing set for Tuesday, 6/4/2019 at 11:00 AM in Hon. Sol Blatt, Jr., Courtroom, J. Waties Waring Judicial Cntr, 83 Meeting St, Charleston before Honorable David C Norton. (jbry, )
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Legal Document (Payment Possibly Required) 97 Filed: 4/12/2019, Entered: 4/12/2019
OBJECTION to 96 Report and Recommendation by 39EC33B. Reply to Objections due by 4/26/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Kenney, Christopher) (Main Document 97 replaced on 4/12/2019 to correct case number) (dsto)
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Legal Document (Payment Possibly Required) 96 Filed: 3/29/2019, Entered: 3/29/2019 Court Filing
REPORT AND RECOMMENDATION recommending that Defendants' Motion for Summary Judgment (ECF No. 68 ) be granted and this case be dismissed in its entirety. Objections to R&R due by 4/12/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Magistrate Judge Thomas E Rogers, III on 03/29/2019. (Attachments: # 1 Notice of Right to File Objections)(dsto, )
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Blank 95 Filed: 3/29/2019, Entered: 3/29/2019 Court Filing
TEXT ORDER denying 80 Motion to Strike for the reasons set forth in footnote #4 of the Report and Recommendation. Signed by Magistrate Judge Thomas E Rogers, III on 03/29/2019.(dsto, )
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Blank 94 Filed: 3/29/2019, Entered: 3/29/2019 Court Filing
TEXT ORDER: Plaintiff seeks sanctions for failure of someone with settlement authority, namely the insurance adjuster, to participate in mediation. Counsel for Plaintiff left the mediation after waiting approximately 45 minutes for the adjuster to arrive. Plaintiff also asks to be relieved from any further mediation requirement. Plaintiff's motion 60 is granted in part and denied in part. The parties' may postpone mediation pending a final ruling on Defendants' motion for summary judgment. Further, Defendants shall pay any mediator costs and fees arising from the first attempted mediation. Signed by Magistrate Judge Thomas E Rogers, III on 03/29/2019.(dsto, )
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Blank 93 Filed: 3/29/2019, Entered: 3/29/2019 Court Filing
TEXT ORDER: Plaintiff seeks an order directing the Jasper County Solicitor's Office to show cause why it should not be held in contempt for failing to respond to Plaintiff's subpoena. Plaintiff asserts that he served the subpoena duces tecum on this "office" on April 20, 2018. Subpoena (Ex. A to Pl. Motion). The court has concerns over the entity allegedly served and, further, Plaintiff has failed to show proof of service of either the subpoena or the present motion on the alleged entity. As such, Plaintiff's motion 56 is denied. Signed by Magistrate Judge Thomas E Rogers, III on 03/29/2019.(dsto, )
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Blank 92 Filed: 3/29/2019, Entered: 3/29/2019 Court Filing
TEXT ORDER: Plaintiff seeks sanctions pursuant to Fed.R.Civ.P. 11 for defense counsel's failure to consult with clients prior to filing an answer. A denial of factual allegations must be warranted by the evidence unless denied upon lack of information and belief. Failure to conduct a reasonable investigation prior to denying factual allegations can run afoul of Rule 11. However, there is an insufficient showing to warrant finding a violation or awarding sanctions in this case. First, unusual circumstances existed at the time this case was filed in that two "F/N/U Doe" defendants were named in the complaint, but three individuals with the last name "Doe" who worked at the correctional facility at issue were served with the complaint. Next, Plaintiff has failed to present evidence that clearly contradicts the denials asserted in the answer. Finally, after completion of discovery, defense counsel represents that they would not admit any of the allegations identified by Plaintiff in his motion as improperly denied, and the court can not find that position without some merit. Accordingly, the motion for sanctions 49 is denied. Signed by Magistrate Judge Thomas E Rogers, III on 03/29/2019.(dsto)
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Blank 91 Filed: 3/29/2019, Entered: 3/29/2019 Court Filing
TEXT ORDER: Plaintiff's Motion to Compel and for Sanctions was filed in violation of the Consent Second Amended Scheduling order (ECF No. 33 ), which provides that "No motions relating to discovery shall be filed until counsel have consulted and attempted to resolve the matter as required by Local Civil Rule 7.02, and have had a telephone conference with the United States Magistrate Judge assigned to the cause in an attempt to resolve the matter informally." Plaintiff's counsel did not schedule a telephone conference with the court prior to filing this motion. Had counsel done so, the issues raised in this motion likely could have been resolved without the need for formal motions. Accordingly, Plaintiff's Motion 41 is denied. Signed by Magistrate Judge Thomas E Rogers, III on 03/29/2019.(dsto, )
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Blank 87 Filed: 12/6/2018, Entered: 12/6/2018 Court Filing
TEXT ORDER granting 76 Motion for Extension of Time to File Response/Reply. Signed by Magistrate Judge Thomas E Rogers, III on 12/06/2018.(dsto, )
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Legal Document (Payment Possibly Required) 85 Filed: 12/3/2018, Entered: 12/3/2018
OBJECTIONS by 39EC33B to 84 Pretrial Disclosures. (Kenney, Christopher)
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Legal Document (Payment Possibly Required) 84 Filed: 11/19/2018, Entered: 11/19/2018
RULE 26(a)(3)PRETRIAL DISCLOSURES by Officer (f/n/u) Doe, Sergeant (f/n/u) Doe, Captain J. (f/n/u) Powell. Objections to PreTrial Disclosures due by 12/3/2018.(Clement, James)
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Legal Document (Payment Possibly Required) 83 Filed: 11/19/2018, Entered: 11/19/2018
RULE 26(a)(3)PRETRIAL DISCLOSURES by 39EC33B. Objections to PreTrial Disclosures due by 12/3/2018. (Attachments: # 1 Exhibit A-Trial Exhibit List)(Kenney, Christopher)
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Legal Document (Payment Possibly Required) 82 Filed: 11/12/2018, Entered: 11/12/2018
RESPONSE in Opposition re 80 MOTION to Strike 68 MOTION for Summary Judgment Affidavit of Sherman L. Anderson (Dkt. No. 68-9) Response filed by Officer (f/n/u) Doe, Sergeant (f/n/u) Doe, Captain J. (f/n/u) Powell.Reply to Response to Motion due by 11/19/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Clement, James)
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Legal Document (Payment Possibly Required) 81 Filed: 11/2/2018, Entered: 11/2/2018
REPLY to Response to Motion re 68 MOTION for Summary Judgment Response filed by Officer (f/n/u) Doe, Sergeant (f/n/u) Doe, Captain J. (f/n/u) Powell. (Attachments: # 1 Exhibit 1 - 1.C. Roberts Grievance Records, # 2 Exhibit 2 - 2.39EC33B Grievance Policy)(Clement, James)
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Legal Document (Payment Possibly Required) 80 Filed: 10/26/2018, Entered: 10/26/2018
MOTION to Strike 68 MOTION for Summary Judgment Affidavit of Sherman L. Anderson (Dkt. No. 68-9) by 39EC33B. Response to Motion due by 11/9/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Motions referred to Thomas E Rogers, III.(Kenney, Christopher)
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Legal Document (Payment Possibly Required) 79 Filed: 10/26/2018, Entered: 10/26/2018
RESPONSE in Opposition re 68 MOTION for Summary Judgment Response filed by 39EC33B.Reply to Response to Motion due by 11/2/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Exhibit Ex. A - Deposition Excerpts of A. Gilmore, # 2 Exhibit Ex. B - Deposition Excerpts of J. Powell, # 3 Exhibit Ex. C - Deposition Excerpts of E. Doe, # 4 Exhibit Ex. D - Deposition Excerpts of F. Doe)(Kenney, Christopher)
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Legal Document (Payment Possibly Required) 78 Filed: 10/26/2018, Entered: 10/26/2018
SUPPLEMENT by 39EC33B to 76 Third MOTION for Extension of Time to File Response/Reply as to 68 MOTION for Summary Judgment indicating Defendants consent to requested extension. (Kenney, Christopher)
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Legal Document (Payment Possibly Required) 76 Filed: 10/24/2018, Entered: 10/24/2018
Third MOTION for Extension of Time to File Response/Reply as to 68 MOTION for Summary Judgment by 39EC33B. Response to Motion due by 11/7/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Motions referred to Thomas E Rogers, III.(Kenney, Christopher) Modified on 10/29/2018. See 78 for Supplement. (dsto, ).
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Blank 75 Filed: 10/24/2018, Entered: 10/24/2018 Court Filing
TEXT ORDER granting 70 Motion for Extension of Time; granting 72 Motion for Extension of Time to File Response to 68 MOTION for Summary Judgment. Response is now due October 24, 2018. Signed by Magistrate Judge Thomas E Rogers, III on 10/24/2018.(dsto, )
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Blank 73 Filed: 10/24/2018, Entered: 10/24/2018 Court Filing
TEXT ORDER granting 61 Motion to Withdraw Attorney Benjamin H. Joyce; granting 61 Motion to Substitute Attorney James W. Clement. Signed by Magistrate Judge Thomas E Rogers, III on 10/24/2018.(dsto, )
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Legal Document (Payment Possibly Required) 72 Filed: 10/17/2018, Entered: 10/17/2018
Second MOTION for Extension of Time to File Response/Reply as to 68 MOTION for Summary Judgment by 39EC33B. Response to Motion due by 10/31/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Motions referred to Thomas E Rogers, III.(Kenney, Christopher)
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Legal Document (Payment Possibly Required) 70 Filed: 10/1/2018, Entered: 10/1/2018
MOTION for Extension of Time to File Response/Reply as to 68 MOTION for Summary Judgment by 39EC33B. Response to Motion due by 10/15/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Motions referred to Thomas E Rogers, III.(Kenney, Christopher)
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Legal Document (Payment Possibly Required) 68 Filed: 9/25/2018, Entered: 9/25/2018
MOTION for Summary Judgment by Officer (f/n/u) Doe, Sergeant (f/n/u) Doe, Captain J. (f/n/u) Powell. Response to Motion due by 10/9/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Memo in Support, # 2 Exhibit 1 - 39EC33B Record Summary Report, # 3 Exhibit 2 - 39EC33B Inmate Search Detail Report, # 4 Exhibit 3 - C. Roberts Dep. Tr., # 5 Exhibit 4 - J. Powell Dep. Tr., # 6 Exhibit 5 - F. Doe Dep. Tr., # 7 Exhibit 6 - E. Doe Dep. Tr., # 8 Exhibit 7 - 39EC33B Inmate Transfer History, # 9 Exhibit 8 - Affidavit of S. Anderson, # 10 Exhibit 9 - ARTSM, # 11 Exhibit 10 - 39EC33B Daily Midnight Counts.)No proposed order.Motions referred to Thomas E Rogers, III.(Clement, James) (Attachment 7 replaced on 9/26/2018 per attorney request) (dsto)
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Blank 66 Filed: 9/18/2018, Entered: 9/18/2018 Court Filing
TEXT ORDER granting 64 Motion for Extension of Time. The deadline for motions is extended until September 25, 2018. Signed by Magistrate Judge Thomas E Rogers, III on 09/18/2018.(dsto, )
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Legal Document (Payment Possibly Required) 65 Filed: 9/17/2018, Entered: 9/17/2018
ADR STATEMENT/CERTIFICATION by Officer (f/n/u) Doe, Sergeant (f/n/u) Doe, Captain J. (f/n/u) Powell(Ganes, Elloree)
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Legal Document (Payment Possibly Required) 64 Filed: 9/17/2018, Entered: 9/17/2018
Consent MOTION for Extension of Time re: Dispositive Motion Deadline by Officer (f/n/u) Doe, Sergeant (f/n/u) Doe, Captain J. (f/n/u) Powell. Response to Motion due by 10/1/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Motions referred to Thomas E Rogers, III.(Clement, James)
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Legal Document (Payment Possibly Required) 62 Filed: 8/30/2018, Entered: 8/30/2018
RESPONSE in Opposition re 60 MOTION Relief from Mediation and Order for Sanctions MOTION for Sanctions Response filed by Officer (f/n/u) Doe, Sergeant (f/n/u) Doe, Captain J. (f/n/u) Powell.Reply to Response to Motion due by 9/6/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Exhibit Text Message)(Ganes, Elloree)
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Legal Document (Payment Possibly Required) 61 Filed: 8/22/2018, Entered: 8/22/2018
MOTION to Withdraw Attorney Benjamin H. Joyce (11736) ( Response to Motion due by 9/5/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. ), MOTION to Substitute Attorney James W. Clement (12720) by Officer (f/n/u) Doe, Sergeant (f/n/u) Doe, Captain J. (f/n/u) Powell. No proposed order.Motions referred to Thomas E Rogers, III.(Ganes, Elloree)
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Legal Document (Payment Possibly Required) 60 Filed: 8/16/2018, Entered: 8/16/2018
MOTION Relief from Mediation and Motion for Sanctions by 39EC33B. Response to Motion due by 8/30/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit A-supporting case law)No proposed order.Motions referred to Thomas E Rogers, III.(Kenney, Christopher). Modified on 8/17/2018 to add motion relief.
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Legal Document (Payment Possibly Required) 58 Filed: 8/9/2018, Entered: 8/9/2018
SUPPLEMENT by 39EC33B to 49 MOTION for Sanctions , per Rule 11(b), 41 MOTION to Compel Document Disclosure MOTION for Discovery Deposition (Reopened) MOTION for Sanctions for Award(s) of Fees and Costs . (Attachments: # 1 Exhibit A- J.. Powell deposition excerpts, # 2 Exhibit B-E. Doe deposition excerpts)(Kenney, Christopher)
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Legal Document (Payment Possibly Required) 56 Filed: 7/25/2018, Entered: 7/25/2018
MOTION for Order to Show Cause by 39EC33B. Response to Motion due by 8/8/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit A-Subpoena for Jasper County Solicitor's Office, # 2 Exhibit B-Letter)No proposed order.Motions referred to Thomas E Rogers, III.(Scott, Michael) Modified on 7/26/2018 to add descriptions to Exhibits. (dsto)
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Legal Document (Payment Possibly Required) 55 Filed: 7/23/2018, Entered: 7/23/2018 Court Filing
ORDER granting 54 Motion to Take Deposition from Christopher G. Roberts. Signed by Magistrate Judge Thomas E Rogers, III on 07/23/2018.(dsto, )
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Legal Document (Payment Possibly Required) 54 Filed: 7/19/2018, Entered: 7/19/2018
MOTION to Take Deposition from Christopher G. Roberts by Officer (f/n/u) Doe, Sergeant (f/n/u) Doe, Captain J. (f/n/u) Powell. Response to Motion due by 8/2/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Thomas E Rogers, III.(Clement, James)
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Legal Document (Payment Possibly Required) 52 Filed: 7/5/2018, Entered: 7/5/2018
REPLY to Response to Motion re 49 MOTION for Sanctions , per Rule 11(b) Response filed by 39EC33B. (Kenney, Christopher)
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Legal Document (Payment Possibly Required) 51 Filed: 6/28/2018, Entered: 6/28/2018
RESPONSE in Opposition re 49 MOTION for Sanctions , per Rule 11(b) Response filed by Officer (f/n/u) Doe, Sergeant (f/n/u) Doe, Captain J. (f/n/u) Powell.Reply to Response to Motion due by 7/5/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Clement, James)
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Legal Document (Payment Possibly Required) 50 Filed: 6/28/2018, Entered: 6/28/2018
NOTICE of Request for Protection from Court Appearance by William Norman Nettles for July 30-August 6, 2018 (Nettles, William)
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Legal Document (Payment Possibly Required) 49 Filed: 6/14/2018, Entered: 6/14/2018
MOTION for Sanctions , per Rule 11(b) by 39EC33B. Response to Motion due by 6/28/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit A-Responses to Request to Admit, # 2 Exhibit B-Responses to Interrogatories, # 3 Exhibit C-Supplemental Responses to Interrogatories, # 4 Exhibit D-Deposition Transcript Excerpts, # 5 Exhibit E-letter from C. Kenney to J. Clement, # 6 Exhibit F-Email thread between J. Clement and C. Kenney, # 7 Exhibit G-Rule 31 Interrogatories, # 8 Exhibit H-Letter from C. Kenney to J. Clement, # 9 Exhibit I-email thread between J. Clement to C. Kenney)No proposed order.Motions referred to Thomas E Rogers, III.(Kenney, Christopher) Modified on 8/10/2018. See 58 for Supplement. (dsto)
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Legal Document (Payment Possibly Required) 48 Filed: 6/5/2018, Entered: 6/5/2018
REPLY to Response to Motion re 41 MOTION to Compel Document Disclosure MOTION for Discovery Deposition (Reopened) MOTION for Sanctions for Award(s) of Fees and Costs Response filed by 39EC33B. (Kenney, Christopher)
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Legal Document (Payment Possibly Required) 46 Filed: 5/31/2018, Entered: 5/31/2018
Withdrawal of Motions: 39 MOTION for Protective Order filed by Captain J. (f/n/u) Powell.. (Attachments: # 1 Exhibit Correspondence between JWC and CK)(Clement, James)
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Legal Document (Payment Possibly Required) 45 Filed: 5/29/2018, Entered: 5/29/2018
RESPONSE in Opposition re 41 MOTION to Compel Document Disclosure MOTION for Discovery Deposition (Reopened) MOTION for Sanctions for Award(s) of Fees and Costs Response filed by Officer (f/n/u) Doe, Sergeant (f/n/u) Doe, Captain J. (f/n/u) Powell.Reply to Response to Motion due by 6/5/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Exhibit 39EC33B 00001-00005 39EC33B Inmate Summary - Roberts, # 2 Exhibit Answer to Rule 31 Interrogatories, # 3 Exhibit 2017-08-24 Subpoena to SC Dept. of Corrections, # 4 Exhibit 2018-01-11 Letter to E. Gaines re amended deposition notices, # 5 Exhibit 2.16.18 Email between JWC and CK, # 6 Exhibit 2.21.18 Email between EAG and CK, # 7 Exhibit 2018-02-26 letter to J. Clement re discovery-depositions (002), # 8 Exhibit Email between Elloree and Chris Kenney)(Ganes, Elloree)
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Legal Document (Payment Possibly Required) 44 Filed: 5/23/2018, Entered: 5/23/2018
REPLY to Response to Motion re 39 MOTION for Protective Order Response filed by Captain J. (f/n/u) Powell. (Clement, James)
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Legal Document (Payment Possibly Required) 42 Filed: 5/16/2018, Entered: 5/16/2018
RESPONSE in Opposition re 39 MOTION for Protective Order Response filed by 39EC33B.Reply to Response to Motion due by 5/23/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Exhibit A-Email thread from J. Clement to C. Kenney)(Kenney, Christopher)
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Legal Document (Payment Possibly Required) 41 Filed: 5/15/2018, Entered: 5/15/2018
MOTION to Compel Document Disclosure, MOTION for Discovery Deposition (Reopened), MOTION for Sanctions for Award(s) of Fees and Costs ( Response to Motion due by 5/29/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. ) by 39EC33B. (Attachments: # 1 Memo in Support, # 2 Exhibit Ex. A - Defendants' responses to request to admit, # 3 Exhibit Ex. B - Defendants' responses to interrogatories, # 4 Exhibit Ex. C - Defendants' supplemental responses to interrogatories, # 5 Exhibit Ex. D - Deposition transcript of Frederick Doe, # 6 Exhibit Ex. E - Ltr. C. Kenney to J. Clement, Feb. 26, 2018, # 7 Exhibit Ex. F - Email thread J. Clement to C. Kenney, Feb. 28, 2018, # 8 Exhibit Ex. G - Ltr. C. Kenney to J. Clement, March 26, 2018, # 9 Exhibit Ex. H - Ltr. C. Kenney to J. Clement, May 3, 2018, # 10 Exhibit Ex. I - Email thread J. Clement to C. Kenney, May 3, 2018)No proposed order.Motions referred to Thomas E Rogers, III.(Kenney, Christopher) Modified on 8/13/2018. See 58 for Supplement. (dsto)
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Legal Document (Payment Possibly Required) 39 Filed: 5/14/2018, Entered: 5/14/2018
MOTION for Protective Order by Captain J. (f/n/u) Powell. Response to Motion due by 5/29/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit Rule 11 Consultation, # 2 Exhibit Powell 5.15.18, # 3 Exhibit Powell 6.1.18 Depo, # 4 Exhibit Pltfs Ltr, # 5 Exhibit Def Response to Proposed Depo Dates)No proposed order.Motions referred to Thomas E Rogers, III.(Clement, James)
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Legal Document (Payment Possibly Required) 38 Filed: 5/3/2018, Entered: 5/3/2018
NOTICE of Appearance by Michael David Scott on behalf of 39EC33B (Scott, Michael) (Main Document 38 replaced on 6/5/2018 per attorney's request to correct filing error) (dsto)
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Legal Document (Payment Possibly Required) 35 Filed: 2/27/2018, Entered: 2/27/2018 Court Filing
ORDER granting 31 Motion for Writ of Habeas Corpus ad testificandum. Signed by Magistrate Judge Thomas E Rogers, III on 02/26/2018.(dsto, )
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Legal Document (Payment Possibly Required) 34 Filed: 2/15/2018, Entered: 2/15/2018
RESPONSE to Motion re 31 MOTION for Writ of Habeas Corpus ad testificandum Response filed by Officer (f/n/u) Doe, Sergeant (f/n/u) Doe, Captain J. (f/n/u) Powell.Reply to Response to Motion due by 2/22/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Ganes, Elloree)
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Legal Document (Payment Possibly Required) 33 Filed: 2/2/2018, Entered: 2/2/2018 Court Filing
CONSENT SECOND AMENDED SCHEDULING ORDER: Motions to Amend Pleadings due by 3/19/2018, Plaintiffs ID of Expert Witness due by 5/18/2018, Defendants ID of Expert Witnesses Due by 6/21/2018, Records Custodian Affidavit due by 10/18/2018, Discovery due by 8/4/2018, Motions due by 9/18/2018, Rule 26(a)(3) Disclosures due by 11/19/2018, Jury Selection Deadline 1/21/2019, ADR Statement due by 9/19/2018, Mediation Due by 10/17/2018. Motions in limine must be filed at least one week prior to date of trial. Parties shall furnish the Court pretrial briefs seven (7) days prior to the date set for jury selection. Signed by Magistrate Judge Thomas E Rogers, III on 02/02/2018. (dsto, )
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Blank 32 Filed: 2/2/2018, Entered: 2/2/2018 Court Filing
TEXT ORDER granting 26 Motion to Amend/Correct. Signed by Magistrate Judge Thomas E Rogers, III on 02/02/2018.(dsto, )
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Legal Document (Payment Possibly Required) 31 Filed: 2/1/2018, Entered: 2/1/2018
MOTION for Writ of Habeas Corpus ad testificandum by 39EC33B. Response to Motion due by 2/15/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Motions referred to Thomas E Rogers, III.(Kenney, Christopher)
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Legal Document (Payment Possibly Required) 30 Filed: 1/18/2018, Entered: 1/18/2018
RESPONSE in Support re 26 MOTION to Amend/Correct the Scheduling Order Response filed by Officer (f/n/u) Doe, Sergeant (f/n/u) Doe, Captain J. (f/n/u) Powell. (Ganes, Elloree)
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Blank 27 Filed: 1/11/2018, Entered: 1/11/2018
DELETION OF DOCKET ENTRY NUMBER Entry #27 Reason: filed in error by attorney. Modified filing date to that of original filing: 01/10/2018. (dsto, )
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Legal Document (Payment Possibly Required) 26 Filed: 1/4/2018, Entered: 1/4/2018
MOTION to Amend/Correct the Scheduling Order by 39EC33B. Response to Motion due by 1/18/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit A-Proposed Amended Scheduling Order)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Thomas E Rogers, III.(Kenney, Christopher)
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Legal Document (Payment Possibly Required) 25 Filed: 10/27/2017, Entered: 10/27/2017
NOTICE of Appearance by Joseph Leigh Leventis on behalf of 39EC33B (Leventis, Joseph) (Main Document 25 replaced on 10/30/2017 to correct filing error) (dsto)
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Legal Document (Payment Possibly Required) 23 Filed: 9/15/2017, Entered: 9/15/2017 Court Filing
CONFIDENTIALITY ORDER. Signed by Magistrate Judge Thomas E Rogers, III on 09/15/2017. (dsto, )
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Blank 22 Filed: 9/15/2017, Entered: 9/15/2017 Court Filing
TEXT ORDER granting 21 Motion for Confidentiality Order. Signed by Magistrate Judge Thomas E Rogers, III on 09/15/2017.(dsto, )
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Legal Document (Payment Possibly Required) 21 Filed: 9/13/2017, Entered: 9/13/2017
Consent MOTION for Confidentiality Order by Officer (f/n/u) Doe, Sergeant (f/n/u) Doe, Captain J. (f/n/u) Powell. Response to Motion due by 9/27/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Thomas E Rogers, III.(Ganes, Elloree) (Main Document 21 replaced on 9/14/2017 to correct filing error) (dsto)
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Legal Document (Payment Possibly Required) 20 Filed: 9/8/2017, Entered: 9/8/2017 Court Filing
CONSENT AMENDED SCHEDULING ORDER: Motions to Amend Pleadings due by 1/3/2018, Plaintiffs ID of Expert Witness due by 2/2/2018, Defendants ID of Expert Witnesses Due by 3/5/2018, Records Custodian Affidavit due by 8/3/2018, Discovery due by 6/21/2018, Motions due by 7/5/2018, Rule 26(a)(3) Disclosures due by 9/4/2018, Jury Selection Deadline 11/5/2018, Mediation Due by 8/3/2018. Motions in limine must be filed at least one week prior to date of trial.Parties shall furnish the Court pretrial briefs seven (7) days prior to the date set for jury selection. Signed by Magistrate Judge Thomas E Rogers, III on 09/08/2017. (dsto, )
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Blank 19 Filed: 9/8/2017, Entered: 9/8/2017
DELETION OF DOCKET ENTRY NUMBER Entry #15 Reason: to correct event code. Corrected Filing Document Number 18 . (dsto, )
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Legal Document (Payment Possibly Required) 18 Filed: 9/7/2017, Entered: 9/8/2017
Rule 26 Outline of Discovery Plan by 39EC33B.(Kenney, Christopher) Modified on 9/8/2017 to correct event code. (dsto)
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Legal Document (Payment Possibly Required) 17 Filed: 9/7/2017, Entered: 9/7/2017
STIPULATION Waiving 26(a)(1) Disclosures by 39EC33B. (Kenney, Christopher)
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Legal Document (Payment Possibly Required) 16 Filed: 9/7/2017, Entered: 9/7/2017
Local Rule 26.03 Answers to Interrogatories by 39EC33B.(Kenney, Christopher)
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Legal Document (Payment Possibly Required) 14 Filed: 9/7/2017, Entered: 9/7/2017
Local Rule 26.03 Answers to Interrogatories by Officer (f/n/u) Doe, Sergeant (f/n/u) Doe, Captain J. (f/n/u) Powell.(Ganes, Elloree)
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Legal Document (Payment Possibly Required) 13 Filed: 9/7/2017, Entered: 9/7/2017
Rule 26 Outline of Discovery Plan by Officer (f/n/u) Doe, Sergeant (f/n/u) Doe, Captain J. (f/n/u) Powell.(Ganes, Elloree)
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Legal Document (Payment Possibly Required) 12 Filed: 9/7/2017, Entered: 9/7/2017
Rule 26(f) Report by Officer (f/n/u) Doe, Sergeant (f/n/u) Doe, Captain J. (f/n/u) Powell. (Ganes, Elloree) Modified on 9/8/2017 to delete proposed order. (dsto, ).
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Legal Document (Payment Possibly Required) 10 Filed: 8/5/2017, Entered: 8/5/2017
SUMMONS Returned Executed by 39EC33B. All Defendants. (Attachments: # 1 Exhibit A-Affidavits of Service)(Kenney, Christopher)
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Legal Document (Payment Possibly Required) 9 Filed: 8/4/2017, Entered: 8/4/2017 Court Filing
CONFERENCE AND SCHEDULING ORDER: Rule 26(f) Conference Deadline 8/24/2017, 26(a) Initial Disclosures due by 9/7/2017, Rule 26 Report due by 9/7/2017, Motions to Amend Pleadings due by 10/3/2017, Plaintiffs ID of Expert Witness due by 11/2/2017, Defendants ID of Expert Witnesses Due by 12/4/2017, Discovery due by 3/21/2018, Motions due by 4/5/2018, Rule 26(a)(3) Disclosures due by 5/4/2018, Jury Selection Deadline 6/4/2018, ADR Statement due by 4/5/2018, Mediation Due by 5/4/2018. Motions in limine must be filed at least one week prior to date of trial. Parties shall furnish the Court pretrial briefs seven (7) days prior to the date set for jury selection. Signed by Magistrate Judge Thomas E Rogers, III on 08/04/2017. (dsto, )
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Legal Document (Payment Possibly Required) 8 Filed: 8/3/2017, Entered: 8/3/2017
Local Rule 26.01 Answers to Interrogatories by Officer (f/n/u) Doe, Sergeant (f/n/u) Doe, Captain J. (f/n/u) Powell.(Ganes, Elloree)
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Legal Document (Payment Possibly Required) 7 Filed: 8/3/2017, Entered: 8/3/2017
ANSWER to 1 Complaint by Officer (f/n/u) Doe, Sergeant (f/n/u) Doe, Captain J. (f/n/u) Powell.(Ganes, Elloree)
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Legal Document (Payment Possibly Required) 6 Filed: 7/25/2017, Entered: 7/25/2017
NOTICE of Appearance by Benjamin Houston Joyce on behalf of Officer (f/n/u) Doe, Sergeant (f/n/u) Doe, Captain J. (f/n/u) Powell (Joyce, Benjamin)
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Legal Document (Payment Possibly Required) 5 Filed: 7/25/2017, Entered: 7/25/2017
NOTICE of Appearance by Elloree A Ganes on behalf of Officer (f/n/u) Doe, Sergeant (f/n/u) Doe, Captain J. (f/n/u) Powell (Ganes, Elloree)
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Legal Document (Payment Possibly Required) 4 Filed: 6/12/2017, Entered: 6/13/2017
Summons Issued as to Officer (f/n/u) Doe, Sergeant (f/n/u) Doe, Captain J. (f/n/u) Powell. Service due by 9/11/2017. (dsto, )
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Legal Document (Payment Possibly Required) 3 Filed: 6/12/2017, Entered: 6/13/2017
Local Rule 26.01 Answers to Interrogatories with jury demand by Christopher G. Roberts.(dsto, )
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Legal Document (Payment Possibly Required) 1 Filed: 6/12/2017, Entered: 6/13/2017
COMPLAINT against Captain J. (f/n/u) Powell, Sergeant (f/n/u) Doe, Officer (f/n/u) Doe,(Filing fee $400 receipt number 0420-7200644), filed by Christopher G. Roberts. Service due by 9/11/2017.(dsto, )
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