Foster et al v. United States Environmental Protection Agency et al
Federal Civil Lawsuit West Virginia Southern District Court, Case No. 2:14-cv-16744
District Judge John T. Copenhaver, Jr., presiding

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No Logo Foster Farms, LLC, Plaintiff

Toggle Switch Represented by Spilman, Thomas & Battle, PLLC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED James Strother Crockett, Jr. +1 304 340 3800 +1 304 720 3400 jcrockett@spilmanlaw.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED John Charles Wilkinson, Jr. +1 304 340 3800 +1 304 340 3801 jwilkinson@spilmanlaw.com
No Logo Marketing & Planning Specialists Limited Partnership, Plaintiff

Toggle Switch Represented by Spilman, Thomas & Battle, PLLC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED James Strother Crockett, Jr. +1 304 340 3800 +1 304 720 3400 jcrockett@spilmanlaw.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED John Charles Wilkinson, Jr. +1 304 340 3800 +1 304 340 3801 jwilkinson@spilmanlaw.com
No Logo Ron Foster, Plaintiff

Toggle Switch Represented by Spilman, Thomas & Battle, PLLC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED James Strother Crockett, Jr. +1 304 340 3800 +1 304 720 3400 jcrockett@spilmanlaw.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED John Charles Wilkinson, Jr. +1 304 340 3800 +1 304 340 3801 jwilkinson@spilmanlaw.com
No Logo Gina McCarthy, Counter-Claimant

Toggle Switch Represented by United States Department of Justice

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED AMANDA SHAFER BERMAN +1 202 514 1950 amanda.berman@usdoj.gov
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Gary L. Call +1 304 345 2200 +1 304 347 5443 Gary.Call@usdoj.gov
Space J. Christopher Krivonyak +1 304 345 2200 +1 304 347 5104 chris.krivonyak@usdoj.gov
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Laura Jane Simpson Brown +1 202 514 3376 +1 202 514 8865 laura.j.s.brown@usdoj.gov
United States Environmental Protection Agency United States Environmental Protection Agency, Counter-Claimant

Toggle Switch Represented by United States Department of Justice

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED AMANDA SHAFER BERMAN +1 202 514 1950 amanda.berman@usdoj.gov
LEAD ATTORNEY, ATTORNEY TO BE NOTICED AMANDA SHAFER BERMAN +1 202 514 1950 amanda.berman@usdoj.gov
Space J. Christopher Krivonyak +1 304 345 2200 +1 304 347 5104 chris.krivonyak@usdoj.gov
Space J. Christopher Krivonyak +1 304 345 2200 +1 304 347 5104 chris.krivonyak@usdoj.gov
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Laura Jane Simpson Brown +1 202 514 3376 +1 202 514 8865 laura.j.s.brown@usdoj.gov
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Laura Jane Simpson Brown +1 202 514 3376 +1 202 514 8865 laura.j.s.brown@usdoj.gov
v.
No Logo Gina McCarthy, Defendant

Toggle Switch Represented by United States Department of Justice

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED AMANDA SHAFER BERMAN +1 202 514 1950 amanda.berman@usdoj.gov
ATTORNEY TO BE NOTICED Gary L. Call +1 304 345 2200 +1 304 347 5443 Gary.Call@usdoj.gov
Space J. Christopher Krivonyak +1 304 345 2200 +1 304 347 5104 chris.krivonyak@usdoj.gov
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Laura Jane Simpson Brown +1 202 514 3376 +1 202 514 8865 laura.j.s.brown@usdoj.gov
United States Environmental Protection Agency United States Environmental Protection Agency, Defendant

Toggle Switch Represented by United States Department of Justice

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED AMANDA SHAFER BERMAN +1 202 514 1950 amanda.berman@usdoj.gov
LEAD ATTORNEY, ATTORNEY TO BE NOTICED AMANDA SHAFER BERMAN +1 202 514 1950 amanda.berman@usdoj.gov
ATTORNEY TO BE NOTICED Gary L. Call +1 304 345 2200 +1 304 347 5443 Gary.Call@usdoj.gov
Space J. Christopher Krivonyak +1 304 345 2200 +1 304 347 5104 chris.krivonyak@usdoj.gov
Space J. Christopher Krivonyak +1 304 345 2200 +1 304 347 5104 chris.krivonyak@usdoj.gov
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Laura Jane Simpson Brown +1 202 514 3376 +1 202 514 8865 laura.j.s.brown@usdoj.gov
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Laura Jane Simpson Brown +1 202 514 3376 +1 202 514 8865 laura.j.s.brown@usdoj.gov
No Logo Foster Farms, LLC, Counter-Defendant

Toggle Switch Represented by Spilman, Thomas & Battle, PLLC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED James Strother Crockett, Jr. +1 304 340 3800 +1 304 720 3400 jcrockett@spilmanlaw.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED John Charles Wilkinson, Jr. +1 304 340 3800 +1 304 340 3801 jwilkinson@spilmanlaw.com
No Logo Marketing & Planning Specialists Limited Partnership, Counter-Defendant

Toggle Switch Represented by Spilman, Thomas & Battle, PLLC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED James Strother Crockett, Jr. +1 304 340 3800 +1 304 720 3400 jcrockett@spilmanlaw.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED John Charles Wilkinson, Jr. +1 304 340 3800 +1 304 340 3801 jwilkinson@spilmanlaw.com
No Logo Ron Foster, Counter-Defendant

Toggle Switch Represented by Spilman, Thomas & Battle, PLLC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED James Strother Crockett, Jr. +1 304 340 3800 +1 304 720 3400 jcrockett@spilmanlaw.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED John Charles Wilkinson, Jr. +1 304 340 3800 +1 304 340 3801 jwilkinson@spilmanlaw.com
Citation Section 33 U.S.C. § 1319
Nature of Suit 890 - Other Statutes: Other Statutory Actions
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                                        Legal Document (Payment Possibly Required) 276 Filed: 9/27/2019, Entered: None Order Placing Case on Inactive Docket
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                                                              Legal Document (Payment Possibly Required) 264 Filed: 8/29/2019, Entered: None Memorandum & Opinion
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                                                                    Legal Document (Payment Possibly Required) 189 Filed: 5/3/2017, Entered: None Unknown Document TypeCourt Filing
                                                                    ORDER pursuant to the 133 MOTION for Limited Reopening of Discovery and for Production of Documents Claimed Privileged; Defendants are ORDERED to PRODUCE document numbers 9, 23, 24, 26, 33, 80, 81, 97, 103, 126 and 144; and Defendants are ORDERED to PRODUCE the REDACTED versions of document numbers 69, 99, 100, 109, 116, 171 and 176; the documents SHALL be produced by 5/10/2017; Defendants SHALL PRODUCE document number 40 to the undersigned for in camera review by 5/10/2017; Defendants have met the burden of demonstrating that the remaining documents provided for in camera review are protected under the attorney-client, attorney work product and deliberative process privileges. Signed by Magistrate Judge Dwane L. Tinsley on 5/3/2017. (cc: counsel of record) (taq)
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                                                                      Legal Document (Payment Possibly Required) 188 Filed: 4/20/2017, Entered: None Unknown Document TypeCourt Filing
                                                                      TELEPHONIC STATUS CONFERENCE held by Judge John T. Copenhaver, Jr. on 4/20/2017. (tmr) (Entered: 04/21/2017)
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                                                                        Legal Document (Payment Possibly Required) 187 Filed: 4/20/2017, Entered: None Unknown Document TypeCourt Filing
                                                                        ORDER Upon telephone conference held 4/20/2017; directing that the schedule fixed in the Court's order of 11/3/2016, is suspended commencing with the date for response to dispositive motions; the schedule will be established once the awaited decision is entered. Signed by Judge John T. Copenhaver, Jr. on 4/20/2017. (cc: attys; any unrepresented party) (tmr)
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                                                                          Legal Document (Payment Possibly Required) 186 Filed: 3/2/2017, Entered: None Unknown Document TypeCourt Filing
                                                                          ORDER pursuant to the 181 MOTION by Gina McCarthy, United States Environmental Protection Agency for Summary Judgment and 183 MOTION by Ron Foster, Foster Farms, LLC, Marketing & Planning Specialists Limited Partnership for Summary Judgment for Dismissal of Defendants' Counterclaims; the parties are directed to defer further briefing on the motion for summary judgment until further order of the court. Signed by Judge John T. Copenhaver, Jr. on 3/2/2017. (cc: counsel of record; any unrepresented party) (taq)
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                                                                            Legal Document (Payment Possibly Required) 185 Filed: 2/24/2017, Entered: None Unknown Document Type
                                                                            UNOPPOSED MOTION by Gina McCarthy, United States Environmental Protection Agency to Extend Deadlines for Responses to 181 MOTION by Gina McCarthy, United States Environmental Protection Agency for Summary Judgment and 183 MOTION by Ron Foster, Foster Farms, LLC, Marketing & Planning Specialists Limited Partnership for Summary Judgment for Dismissal of Defendants' Counterclaims and Replies (Attachment: # 1 Proposed Order)(Brown, Laura) (Modified on 2/24/2017 to correct link to #181 and #183 motions) (skh).
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                                                                              Legal Document 184 Filed: 2/21/2017, Entered: None Unknown Document Type
                                                                              MEMORANDUM OF LAW by Ron Foster, Foster Farms, LLC, Marketing & Planning Specialists Limited Partnership in support of 183 MOTION by Ron Foster, Foster Farms, LLC, Marketing & Planning Specialists Limited Partnership for Summary Judgment for Dismissal of Defendants' Counterclaims (skh) (Entered: 02/22/2017)
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                                                                                Legal Document (Payment Possibly Required) 183 Filed: 2/21/2017, Entered: None Unknown Document Type
                                                                                MOTION by Ron Foster, Foster Farms, LLC, Marketing & Planning Specialists Limited Partnership for Summary Judgment for Dismissal of Defendants' Counterclaims (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 3A, # 5 Exhibit 3B, # 6 Exhibit 3C, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10, # 14 Exhibit 11, # 15 Exhibit 12, # 16 Exhibit 13, # 17 Exhibit 14, # 18 Exhibit 15, # 19 Exhibit 16, # 20 Exhibit 17, # 21 Exhibit 18, # 22 Exhibit 19, # 23 Exhibit 20, # 24 Exhibit(21, # 25 Exhibit 22, # 26 Exhibits 23 & 24, # 27 Exhibit 25, # 28 Exhibit 26, # 29 Exhibit 27, # 30 Exhibit 28, # 31 Exhibit 29, # 32 Exhibit 30, # 33 Exhibit 31, # 34 Exhibit 32, # 35 Exhibit 33.1, # 36 Exhibit 33.2, # 37 Exhibit 33.3, # 38 Exhibit 33.4, # 39 Exhibit 34, # 40 Exhibit 35, # 41 Exhibit 36, # 42 Exhibit 37, # 43 Exhibit 38, # 44 Exhibit 39, # 45 Exhibit 40, # 46 Exhibit 41, # 47 Exhibit 42, # 48 Exhibit 43, # 49 Exhibit 44, # 50 Exhibit 45, # 51 Exhibit 46, # 52 Exhibit 47, # 53 Exhibit 48, # 54 Exhibit 49, # 55 Exhibit 49.1, # 56 Exhibit 50, # 57 Exhibit 51, # 58 Exhibit 52, # 59 Exhibit 53, # 60 Exhibit 54, # 61 Exhibit 55, # 62 Exhibit 56, # 63 Exhibit 57, # 64 Exhibit 58, # 65 Exhibit 59, # 66 Exhibit 60, # 67 Exhibit 61, # 68 Exhibit 61.1, # 69 Exhibit 62, # 70 Exhibit 62.1, # 71 Exhibit 63, # 72 Exhibit 64, # 73 Exhibit 65, # 74 Exhibit 66, # 75 Exhibit 67)(Wilkinson, John) (Modified on 2/22/2017 to remove memorandum in support and file it as entry #184) (skh).
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                                                                                  Legal Document 182 Filed: 2/21/2017, Entered: None Unknown Document Type
                                                                                  MEMORANDUM OF LAW by Gina McCarthy, United States Environmental Protection Agency in support of 181 MOTION by Gina McCarthy, United States Environmental Protection Agency for Summary Judgment (Attachments: # 1 Exhibits 1-3, # 2 Exhibit 4 (part 1), # 3 Exhibit 4 (part 2), # 4 Exhibit 4 (part 3), # 5 Exhibit 4 (part 4), # 6 Exhibit 4 (part 5), # 7 Exhibit 4 (part 6), # 8 Exhibit 4 (part 7), # 9 Exhibit 4 (part 8), # 10 Exhibits 5-7, # 11 Exhibits 8-10, # 12 Exhibits 11-15, # 13 Exhibits 16-23, # 14 Exhibit 24 (part 1), # 15 Exhibit 24 (part 2), # 16 Exhibits 25-27, # 17 Exhibits 28-31, # 18 Exhibit 32, # 19 Exhibits 33-34, # 20 Exhibits 35-39, # 21 Index to Exhibits)(Brown, Laura)
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                                                                                    Legal Document (Payment Possibly Required) 181 Filed: 2/21/2017, Entered: None Unknown Document Type
                                                                                    MOTION by Gina McCarthy, United States Environmental Protection Agency for Summary Judgment (Attachment: # 1 Proposed Order)(Brown, Laura)
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                                                                                      Legal Document (Payment Possibly Required) 180 Filed: 2/2/2017, Entered: None Unknown Document Type
                                                                                      NOTICE Regarding New Persuasive Authority by Ron Foster, Foster Farms, LLC, Marketing & Planning Specialists Limited Partnership (Attachment: # 1 Exhibit A)(Wilkinson, John)
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                                                                                        Legal Document (Payment Possibly Required) 179 Filed: 1/30/2017, Entered: None Unknown Document Type
                                                                                        NOTICE OF SUBMISISON OF DOCUMENTS FOR IN CAMERA REVIEW by United States Environmental Protection Agency (Attachment: # 1 Cover letter for submission)(Brown, Laura)
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                                                                                          Legal Document (Payment Possibly Required) 178 Filed: 1/3/2017, Entered: None Unknown Document TypeCourt Filing
                                                                                          STATUS CONFERENCE held by Judge John T. Copenhaver, Jr. on 1/3/2017; Court Reporter: Catherine Schutte-Stant. (klc) (Modified on 1/27/2017 to correct hearing type) (rea). (Entered: 01/27/2017)
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                                                                                            Legal Document (Payment Possibly Required) 177 Filed: 1/25/2017, Entered: None Unknown Document TypeCourt Filing
                                                                                            AMENDED ORDER pursuant to the District Judge's 175 Order entered 1/13/2017; and Plaintiffs' 176 Report of Privilege Log Selections for in Camera Review; the 173 Order entered 1/3/2017, is amended as follows: Defendants are ORDERED to produce 50% of the total documents for in camera review as selected by Plaintiffs in Plaintiffs' Report of Privilege Log Selections for In Camera Review by January 31, 2017; in camera review may extend beyond the 50% standard whenever any disclosures revealed in the course of the in camera review warrant a more extensive in camera review; Plaintiffs will be given a few additional days in which to make the selection if a more extensive in camera review is necessary. Signed by Magistrate Judge Dwane L. Tinsley on 1/25/2017. (cc: counsel of record) (taq)
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                                                                                              Sealed Legal Document 176 Filed: 1/17/2017, Entered: None Unknown Document Type
                                                                                              SEALED MATERIALS filed by Ron Foster, Foster Farms, LLC, Marketing & Planning Specialists Limited Partnership pursuant to Court Order. (Wilkinson, John)
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                                                                                                Legal Document (Payment Possibly Required) 175 Filed: 1/13/2017, Entered: None Unknown Document TypeCourt Filing
                                                                                                ORDER pursuant to the parties' 174 Joint Report Regarding Disputes Over Documents Withheld as Privileged; it is recommended that the magistrate judge apply the same 50 percent standard to the newly added 56 documents, that the 50 percent standard be applied to each of the 12 categories set out in the report, that the in camera review extend beyond the 50 percent standard whenever any disclosures revealed in the course of the in camera review warrant a more extensive in camera review, and that plaintiff be given a few additional days in which to make the selection. Signed by Judge John T. Copenhaver, Jr. on 1/13/2017. (cc: counsel of record; any unrepresented parties) (taq)
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                                                                                                  Legal Document (Payment Possibly Required) 174 Filed: 1/11/2017, Entered: None Unknown Document Type
                                                                                                  JOINT REPORT REGARDING DISPUTE OVER DOCUMENTS WITHHELD AS PRIVILEGED by Gina McCarthy, United States Environmental Protection Agency, Ron Foster, Foster Farms, LLC, Marketing & Planning Specialists Limited Partnership (Attachment: # 1 Exhibit A)(Brown, Laura) (Modified on 1/11/2017 to add party filers)(skh).
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                                                                                                    Legal Document (Payment Possibly Required) 173 Filed: 1/3/2017, Entered: None Unknown Document TypeCourt Filing
                                                                                                    ORDER the 133 Motion for Limited Reopening of Discovery and for Production of Documents Claimed Privileged is moot; granting the 172 JOINT MOTION to Cancel Hearing and Stipulation Regarding Resolution of Motion for Reopening of Discovery and Production of Privileged Documents; the discovery hearing scheduled for 1/4/2017 is CANCELED; directing defendants to produce 50% of the 126 documents in the privilege log regarding EPA in-house counsel Pamela Lazos for in camera review by 1/13/20017; plaintiffs SHALL select the documents to be reviewed in camera from the privilege log. Signed by Magistrate Judge Dwane L. Tinsley on 1/3/2017. (cc: counsel of record) (taq)
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                                                                                                      Legal Document (Payment Possibly Required) 172 Filed: 12/29/2016, Entered: None Unknown Document Type
                                                                                                      JOINT MOTION by Gina McCarthy, United States Environmental Protection Agency, Ron Foster, Foster Farms, LLC, Marketing & Planning Specialists Limited Partnership to Cancel Hearing re: 170 Order and STIPULATION Regarding Resolution of Motion for Reopening of Discovery and Production of Privileged Documents (Brown, Laura) (Modified on 12/29/2016 to add party filers) (skh).
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                                                                                                        Legal Document (Payment Possibly Required) 171 Filed: 12/1/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                        TELEPHONE STATUS CONFERENCE held by Judge John T. Copenhaver, Jr. on 12/1/2016. (skh)
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                                                                                                          Legal Document (Payment Possibly Required) 170 Filed: 11/28/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                          ORDER a hearing on outstanding discovery issues scheduled for 11/30/2016 has been rescheduled for 1/4/2017 at 1:30 p.m. Signed by Magistrate Judge Dwane L. Tinsley on 11/28/2016. (cc: counsel of record; any unrepresented party) (taq)
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                                                                                                            Legal Document (Payment Possibly Required) 169 Filed: 11/17/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                            ORDER directing that a hearing on outstanding discovery issues will be held on 11/30/2016 at 11:00 a.m. in Charleston before Magistrate Judge Dwane L. Tinsley. Signed by Magistrate Judge Dwane L. Tinsley on 11/17/2016. (cc: counsel of record; any unrepresented party) (taq)
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                                                                                                              Legal Document (Payment Possibly Required) 168 Filed: 11/3/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                              ORDER: Pursuant to the court's 167 memorandum opinion and order this day entered which, among other things, reopens discovery, directing that discovery is reopened until 1/31/2017; the remainder of this case shall proceed as follows: Discovery to close by 1/31/2017. Dispositive Motions except those filed under Rule 12(b) due by 2/21/2017, with Responses due by 3/6/2017 and Replies due by 3/13/2017. Settlement Meeting to be held by 4/24/2017. Motions in Limine to be filed by 5/1/2017, with responses due by 5/8/2017. Plaintiffs' portion of proposed Pretrial Order to defendants due by 4/27/2017, and Proposed Integrated Pretrial Order due by 5/4/2017. Pretrial Conference set for 5/12/2017 at 3:30 p.m. in Charleston. Proposed Jury Charge due by 6/5/2017. Final Settlement Conference at 3:30 p.m. on 6/12/2017 in Charleston. Jury Trial set for 6/13/2017 at 9:30 a.m. before Judge John T. Copenhaver, Jr. Signed by Judge John T. Copenhaver, Jr. on 11/3/2016. (cc: counsel of record; any unrepresented parties) (taq)
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                                                                                                                Legal Document (Payment Possibly Required) 167 Filed: 11/3/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                MEMORANDUM OPINION AND ORDER this matter is recommitted to the magistrate judge to address the substance of plaintiffs' 133 motion for production of documents claimed privileged; directing that plaintiffs' 159 objections to the magistrate judge's order are sustained; the magistrate judge's 154 order dated 9/26/2016 is vacated; discovery in this case is reopened with respect to plaintiffs' First Amendment retaliation claim, as set forth in an amended scheduling order entered this same date; and this matter is recommitted to the magistrate judge as heretofore and, specifically, to hear and determine: the merits of plaintiffs' request for the use of forensic discovery to ascertain the origin of the Political Research Document and, if found appropriate, the extent to which forensic discovery is to be ordered; and the substance of plaintiffs' request for production respecting documents claimed privileged; the court notes that the new accompanying scheduling order is necessitated by the recent diversionary litigation that has culminated in the magistrate judge's order of 9/26/2016, and this order by the court, and as directed and set forth more fully herein. Signed by Judge John T. Copenhaver, Jr. on 11/3/2016. (cc: counsel of record; any unrepresented parties) (taq)
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                                                                                                                  Legal Document (Payment Possibly Required) 166 Filed: 10/27/2016, Entered: None Unknown Document Type
                                                                                                                  REPLY by Ron Foster, Foster Farms, LLC, Marketing & Planning Specialists Limited Partnership to 163 Response to Objection. (Attachment: # 1 Exhibits 1-12)(Wilkinson, John)
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                                                                                                                    Legal Document (Payment Possibly Required) 165 Filed: 10/25/2016, Entered: None Unknown Document Type
                                                                                                                    CERTIFICATE OF SERVICE filed by Gina McCarthy, United States Environmental Protection Agency for Responses to Plaintiffs' Fourth Set of Requests for Production (Brown, Laura)
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                                                                                                                      Legal Document (Payment Possibly Required) 164 Filed: 10/25/2016, Entered: None Unknown Document Type
                                                                                                                      CERTIFICATE OF SERVICE filed by Gina McCarthy, United States Environmental Protection Agency for Responses to Plaintiffs' Fourth Set of Interrogatories (Brown, Laura)
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                                                                                                                        Legal Document (Payment Possibly Required) 163 Filed: 10/17/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                        RESPONSE by Gina McCarthy, United States Environmental Protection Agency to 159 Objection to Magistrate Judge Decision to District Court (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Brown, Laura)
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                                                                                                                          Legal Document (Payment Possibly Required) 162 Filed: 10/14/2016, Entered: None Unknown Document Type
                                                                                                                          NOTICE OF DEPOSITION OF, AND REQUEST FOR PRODUCTION OF DOCUMENTS by Ron Foster, Foster Farms, LLC, Marketing & Planning Specialists Limited Partnership of Wanda Lewis on October 26, 2016 at 11:00 a.m. (Attachment: # 1 Subpoena)(Wilkinson, John)
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                                                                                                                            Legal Document (Payment Possibly Required) 161 Filed: 10/14/2016, Entered: None Unknown Document Type
                                                                                                                            AMENDED NOTICE OF DEPOSITION OF, AND REQUEST FOR PRODUCTION OF DOCUMENTS by Ron Foster, Foster Farms, LLC, Marketing & Planning Specialists Limited Partnership of Anne F. Gold on October 26, 2016 at 1:00 p.m. (Attachment: # 1 Subpoena)(Wilkinson, John)
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                                                                                                                              Legal Document (Payment Possibly Required) 160 Filed: 10/11/2016, Entered: None Unknown Document Type
                                                                                                                              ANSWER to 156 Counterclaim by Ron Foster, Foster Farms, LLC, Marketing & Planning Specialists Limited Partnership (Wilkinson, John)
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                                                                                                                                Legal Document (Payment Possibly Required) 159 Filed: 9/30/2016, Entered: None Unknown Document Type
                                                                                                                                OBJECTION TO MAGISTRATE JUDGE DECISION TO DISTRICT COURT by Marketing & Planning Specialists Limited Partnership, Ron Foster, Foster Farms, LLC re: 154 Order. (Attachment: # 1 Exhibits 1 and 2)(Wilkinson, John) (Modified on 9/30/2016 to remove and replace incomplete image of exhibit 2) (skh).
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                                                                                                                                  Legal Document (Payment Possibly Required) 158 Filed: 9/28/2016, Entered: None Unknown Document Type
                                                                                                                                  CERTIFICATE OF SERVICE filed by Ron Foster, Foster Farms, LLC, Marketing & Planning Specialists Limited Partnership for Joint Fourth Set of Requests for Production of Documents (Wilkinson, John)
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                                                                                                                                    Legal Document (Payment Possibly Required) 157 Filed: 9/28/2016, Entered: None Unknown Document Type
                                                                                                                                    CERTIFICATE OF SERVICE filed by Ron Foster, Foster Farms, LLC, Marketing & Planning Specialists Limited Partnership for Joint Fourth Set of Interrogatories (Wilkinson, John)
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                                                                                                                                      Legal Document (Payment Possibly Required) 156 Filed: 9/28/2016, Entered: None Unknown Document Type
                                                                                                                                      ANSWER TO 153 Corrected Second Amended Complaint by United States Environmental Protection Agency, Gina McCarthy and COUNTERCLAIM by Defendants United States Environmental Protection Agency, Gina McCarthy against Plaintiffs Ron Foster, Marketing & Planning Specialists Limited Partnership, Foster Farms, LLC. (Attachment: # 1 Exhibits A-G)(Brown, Laura)
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                                                                                                                                        Legal Document (Payment Possibly Required) 155 Filed: 9/28/2016, Entered: None Unknown Document Type
                                                                                                                                        NOTICE OF DEPOSITION OF AND REQUEST FOR PRODUCTION OF DOCUMENTS by Ron Foster, Foster Farms, LLC, Marketing & Planning Specialists Limited Partnership of Anne F. Gold on October 28, 2016 at 9:00 a.m. (Wilkinson, John)
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                                                                                                                                          Legal Document (Payment Possibly Required) 154 Filed: 9/26/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                          VACATED PURSUANT TO THE COURT'S 167 ORDER ENTERED 11/3/2016: ORDER denying the 133 MOTION by Marketing & Planning Specialists Limited Partnership, Ron Foster, Foster Farms, LLC for Limited Reopening of Discovery and for Production of Documents Claimed Privileged. Signed by Magistrate Judge Dwane L. Tinsley on 9/26/2016. (cc: counsel of record; any unrepresented party) (taq) (Modified on 11/3/2016 to note order is vacated)(taq).
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                                                                                                                                            Legal Document 153 Filed: 9/16/2016, Entered: None Unknown Document Type
                                                                                                                                            CORRECTED SECOND AMENDED COMPLAINT by Ron Foster, Marketing & Planning Specialists Limited Partnership, and Foster Farms, LLC against United States Environmental Protection Agency and Gina McCarthy. (Attachment: # 1 Exhibits A-BB) (skh)
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                                                                                                                                              Legal Document (Payment Possibly Required) 152 Filed: 9/15/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                              ORDER re: 151 Second Amended Complaint; directing that plaintiffs have until 9/22/2016 in which to file the amended version of the second amended complaint; defendants have 14 days from the filing of the amended version in which to answer. Signed by Judge John T. Copenhaver, Jr. on 9/15/2016. (cc: counsel of record; any unrepresented parties) (taq)
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                                                                                                                                                Legal Document (Payment Possibly Required) 151 Filed: 9/2/2016, Entered: None Unknown Document Type
                                                                                                                                                SECOND AMENDED COMPLAINT by Ron Foster, Marketing & Planning Specialists Limited Partnership, and Foster Farms, LLC against United States Environmental Protection Agency and Gina McCarthy (Attachment: # 1 Exhibits A-BB) (skh) (Entered: 09/06/2016)
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                                                                                                                                                  Legal Document (Payment Possibly Required) 150 Filed: 8/22/2016, Entered: None Unknown Document Type
                                                                                                                                                  SURREPLY by Gina McCarthy, United States Environmental Protection Agency, re: 139 REPLY to 137 Response in Opposition to 133 MOTION by Marketing & Planning Specialists Limited Partnership, Ron Foster, Foster Farms, LLC for Limited Reopening of Discovery and for Production of Documents Claimed Privileged. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (filed pursuant to the #149 order) (Modified on 8/23/2016 to add link to #139 reply)(taq).
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                                                                                                                                                    Legal Document (Payment Possibly Required) 149 Filed: 8/22/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                    MEMORANDUM OPINION AND ORDER granting the 124 JOINT MOTION to exceed page limit for dispositive motions to the extent set forth herein; the memoranda accompanying the motion for summary judgment, and the response, shall not exceed 40 pages each; the reply memoranda shall not exceed 15 pages; granting the 133 MOTION to reopen discovery to the extent that, upon the filing of the second amended complaint, as allowed by the court, the period for discovery with respect to the First Amendment claim is extended until 10/28/2016; granting the 140 MOTION for leave to file a surreply in response to plaintiffs' motion for reopening of discovery and production of privileged documents; granting the 136 UNOPPOSED MOTION to extend the schedule to the extent set forth herein; directing that the remainder of this case shall proceed as follows: Discovery to close by 10/28/2016. Dispositive Motions except those filed under Rule 12(b) due by 11/30/2016, with Responses due by 12/14/2016 and Replies due by 12/21/2016. Settlement Meeting to be held by 1/18/2016. Motions in Limine to be filed by 1/25/2017, with responses due by 2/1/2017. Plaintiffs' portion of proposed Pretrial Order to defendants due by 1/23/2017, and Proposed Integrated Pretrial Order due by 1/30/2017. Pretrial Conference set for 2/10/2017 at 3:30 PM in Charleston before Judge John T. Copenhaver, Jr. Proposed Jury Charge due by 3/1/2017. Final Settlement Conference at 3:30 PM on 4/3/2017 in Charleston. Trial set for 4/4/2017 at 9:30 AM in Charleston before Judge John T. Copenhaver, Jr. Signed by Judge John T. Copenhaver, Jr. on 8/22/2016. (cc: counsel of record; any unrepresented party) (taq)
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                                                                                                                                                      Legal Document (Payment Possibly Required) 148 Filed: 8/22/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                      MEMORANDUM OPINION AND ORDER concluding that plaintiffs will be permitted to amend their complaint to include a First Amendment retaliation claim, but not to include a substantive due process or "class of one" equal protection claim; directing that plaintiffs submit, within 15 days, a revised Second Amended Complaint that more explicitly includes a First Amendment retaliation claim among the causes of action, along with the amended factual material presented in the proposed second amended complaint; granting the 117 MOTION for leave to file a second amended complaint to the extent set forth herein, and is otherwise denied. Signed by Judge John T. Copenhaver, Jr. on 8/22/2016. (cc: attys; any unrepresented parties) (taq)
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                                                                                                                                                        Legal Document (Payment Possibly Required) 147 Filed: 8/16/2016, Entered: None Unknown Document Type
                                                                                                                                                        RESPONSE by Ron Foster, Foster Farms, LLC, Marketing & Planning Specialists Limited Partnership to 146 Notice Regarding New Authority (Wilkinson, John) Modified on 8/17/2016 (rea).
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                                                                                                                                                          Legal Document (Payment Possibly Required) 146 Filed: 8/15/2016, Entered: None Unknown Document Type
                                                                                                                                                          NOTICE Regarding New Authority by Gina McCarthy, United States Environmental Protection Agency re: 133 MOTION by Marketing & Planning Specialists Limited Partnership, Ron Foster, Foster Farms, LLC for Limited Reopening of Discovery and for Production of Documents Claimed Privileged (Attachment: # 1 Exhibit A)(Brown, Laura) (Modified on 8/15/2016 to remove terminated party filer) (rea).
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                                                                                                                                                            Legal Document (Payment Possibly Required) 145 Filed: 6/23/2016, Entered: None Unknown Document Type
                                                                                                                                                            REPLY by Ron Foster, Foster Farms, LLC, Marketing & Planning Specialists Limited Partnership to 144 Response In Opposition. (Wilkinson, John)
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                                                                                                                                                              Legal Document (Payment Possibly Required) 144 Filed: 6/17/2016, Entered: None Unknown Document Type
                                                                                                                                                              RESPONSE by Gina McCarthy, United States Environmental Protection Agency to 143 Notice Regarding New Controlling Authority (Brown, Laura)
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                                                                                                                                                                Legal Document (Payment Possibly Required) 143 Filed: 6/2/2016, Entered: None Unknown Document Type
                                                                                                                                                                NOTICE Regarding New Controlling Authority by Ron Foster, Foster Farms, LLC, Marketing & Planning Specialists Limited Partnership (Attachment: # 1 Exhibit A)(Wilkinson, John)
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                                                                                                                                                                  Legal Document (Payment Possibly Required) 142 Filed: 5/31/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                  ORDER as the court has yet to rule on plaintiffs' 117 motion for leave to file a second amended complaint, directing that the pretrial conference, and the final settlement conference and trial dates are continued until the further order of the court. Signed by Judge John T. Copenhaver, Jr. on 5/31/2016. (cc: counsel of record; any unrepresented parties) (taq)
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                                                                                                                                                                    Legal Document (Payment Possibly Required) 141 Filed: 3/17/2016, Entered: None Unknown Document Type
                                                                                                                                                                    RESPONSE by Ron Foster, Foster Farms, LLC, Marketing & Planning Specialists Limited Partnership in opposition to 140 MOTION by Gina McCarthy, United States Environmental Protection Agency for Leave to File a Surreply in Response to Plaintiffs' Motion for Reopening of Discovery and Production of Privileged Documents (Attachments: # 1 Exhibits A-J, # 2 Exhibits K-1 through K-2)(Wilkinson, John)
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                                                                                                                                                                      Legal Document (Payment Possibly Required) 140 Filed: 3/11/2016, Entered: None Unknown Document Type
                                                                                                                                                                      MOTION by Gina McCarthy, United States Environmental Protection Agency for Leave to File a Surreply in Response to Plaintiffs' Motion for Reopening of Discovery and Production of Privileged Documents, with proposed document attached (Attachments: # 1 Proposed Surreply, # 2 Exhibit 1 to Surreply, # 3 Exhibit 2 to Surreply, # 4 Exhibit 3 to Surreply, # 5 Exhibit 4 to Surreply)(Brown, Laura)
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                                                                                                                                                                        Legal Document (Payment Possibly Required) 139 Filed: 3/4/2016, Entered: None Unknown Document Type
                                                                                                                                                                        REPLY by Ron Foster, Foster Farms, LLC, Marketing & Planning Specialists Limited Partnership to 137 Response In Opposition. (Attachments: # 1 Exhibits A through J, # 2 Exhibits K through II)(Wilkinson, John)
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                                                                                                                                                                          Legal Document (Payment Possibly Required) 138 Filed: 3/4/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                          ORDER denying as moot Plaintiffs/Counter-Defendant's 111 MOTION for Leave to Depose Regional Administrator Garvin. Signed by Magistrate Judge Dwane L. Tinsley on 3/4/2016. (cc: counsel of record; any unrepresented party) (taq)
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                                                                                                                                                                            Legal Document (Payment Possibly Required) 137 Filed: 2/29/2016, Entered: None Unknown Document Type
                                                                                                                                                                            RESPONSE by Gina McCarthy, United States Environmental Protection Agency in opposition to 133 MOTION by Marketing & Planning Specialists Limited Partnership, Ron Foster, Foster Farms, LLC for Limited Reopening of Discovery and for Production of Documents Claimed Privileged (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L)(Brown, Laura)
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                                                                                                                                                                              Legal Document (Payment Possibly Required) 136 Filed: 2/24/2016, Entered: None Unknown Document Type
                                                                                                                                                                              UNOPPOSED MOTION by Gina McCarthy, United States Environmental Protection Agency to Extend Schedule (Brown, Laura)
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                                                                                                                                                                                Legal Document (Payment Possibly Required) 135 Filed: 2/19/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                TRANSCRIPT OF PROCEEDINGS of Motion Hearing held on 01/12/2016, before Magistrate Judge Dwane L. Tinsley. Court Reporter Catherine Schutte-Stant, Telephone number 304-347-3151. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due 2/29/2016. Redaction Request due 3/11/2016. Redacted Transcript Deadline set for 3/21/2016. Release of Transcript Restriction set for 5/19/2016. (css)
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                                                                                                                                                                                  Legal Document (Payment Possibly Required) 134 Filed: 2/12/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                  TRANSCRIPT REQUEST by Ron Foster, Foster Farms, LLC, Marketing & Planning Specialists Limited Partnership for proceedings held on 1-12-2016 before Magistrate Judge Dwane L. Tinsley. (Wilkinson, John)
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                                                                                                                                                                                    Legal Document (Payment Possibly Required) 133 Filed: 2/10/2016, Entered: None Unknown Document Type
                                                                                                                                                                                    MOTION by Marketing & Planning Specialists Limited Partnership, Ron Foster, Foster Farms, LLC for Limited Reopening of Discovery and for Production of Documents Claimed Privileged (Attachment: # 1 Exhibits A-J)(Wilkinson, John) (Modified on 2/10/2016 to add party filers) (skh).
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                                                                                                                                                                                      Legal Document (Payment Possibly Required) 132 Filed: 2/5/2016, Entered: None Unknown Document Type
                                                                                                                                                                                      CERTIFICATE OF SERVICE filed by Gina McCarthy, United States Environmental Protection Agency for Responses to Plaintiffs' Joint First Set of Interrogatories to Shawn M. Garvin (Brown, Laura)
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                                                                                                                                                                                        Legal Document (Payment Possibly Required) 131 Filed: 1/25/2016, Entered: None Unknown Document Type
                                                                                                                                                                                        CERTIFICATE OF SERVICE filed by Ron Foster, Foster Farms, LLC,Marketing & Planning Specialists Limited Partnership for Plaintiffs' Joint First Set of Interrogatories to Shawn M. Garvin, Individually, and in his Official Capacity as Regional Administrator of Region III of the Unted States Environmental Protection Agency (Wilkinson, John) (Modified on 1/26/2016 to add party filers) (taq).
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                                                                                                                                                                                          Legal Document (Payment Possibly Required) 130 Filed: 1/15/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                          ORDER denying Plaintiff's 113 MOTION for Leave to Depose Regional Administrator Garvin; Plaintiffs may serve interrogatories by 1/25/2016; response(s) to interrogatories due by 2/5/2016.Signed by Magistrate Judge Dwane L. Tinsley on 1/15/2016. (cc: attys; any unrepresented party) (tmr)
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                                                                                                                                                                                            Legal Document (Payment Possibly Required) 129 Filed: 1/12/2016, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                            MOTION HEARING held by Magistrate Judge Dwane L. Tinsley on 1/12/2016 re: 113 AMENDED MOTION by Marketing & Planning Specialists Limited Partnership, Ron Foster, Foster Farms, LLC for Leave to Depose Regional Administrator Garvin, 111 MOTION by Marketing & Planning Specialists Limited Partnership, Ron Foster, Foster Farms, LLC for Leave to Depose Regional Administrator Garvin Court Reporter: CourtSmart. (tab)
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                                                                                                                                                                                              Legal Document (Payment Possibly Required) 128 Filed: 12/21/2015, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                              ORDER pursuant to the 111 MOTION for Leave to Depose Regional Administrator Garvin and 113 AMENDED MOTION for Leave to Depose Regional Administrator Garvin; hearing on said motions will be held on 1/12/2016 at 11:00 AM in Charleston before Magistrate Judge Dwane L. Tinsley. Signed by Magistrate Judge Dwane L. Tinsley on 12/21/2015. (cc: counsel of record; any unrepresented party) (taq)
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                                                                                                                                                                                                Legal Document (Payment Possibly Required) 127 Filed: 12/15/2015, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                ORDER granting the parties 124 JOINT MOTION to Extend Schedule to the extent set forth herein; directing that the schedule is modified as follows: Dispositive Motions except those filed under Rule 12(b) due by 3/10/2016, Responses due by 3/24/2016, Replies due by 3/31/2016; Settlement Meeting to be held by 5/11/2016; Motions in Limine to be filed by 5/18/2016, with responses due by 5/25/2016; Plaintiffs' portion of proposed pretrial order to defendants due by 05/16/2016; Proposed Integrated Pretrial Order due by 5/23/2016. Pretrial Conference set for 6/3/2016 at 10:30 AM in Charleston; Proposed Jury Charge due by 6/22/2016; Final Settlement Conference at 10:00 AM on 6/27/2016 in Charleston; Trial set for 6/28/2016 at 09:30 AM in Charleston before Judge John T. Copenhaver, Jr.; with the exception of the modifications herein, the requirements and directives of the previous scheduling orders shall remain in full force and effect. Signed by Judge John T. Copenhaver, Jr. on 12/15/2015. (cc: counsel of record; any unrepresented parties) (tmh)
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                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 126 Filed: 12/11/2015, Entered: None Unknown Document Type
                                                                                                                                                                                                  RESPONSE by Ron Foster, Foster Farms, LLC, Marketing & Planning Specialists Limited Partnership to 125 Notice Regarding New Binding Authority (Attachment: # 1 Exhibits A & B)(Wilkinson, John)
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                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 125 Filed: 12/9/2015, Entered: None Unknown Document Type
                                                                                                                                                                                                    NOTICE REGARDING NEW BINDING AUTHORITY by Gina McCarthy, United States Environmental Protection Agency (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Brown, Laura)
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                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 124 Filed: 12/7/2015, Entered: None Unknown Document Type
                                                                                                                                                                                                      JOINT MOTION by Gina McCarthy, United States Environmental Protection Agency, Ron Foster, Foster Farms, LLC, Marketing & Planning Specialists Limited Partnership to Extend Schedule and Exceed Page Limit for Dispositive Motions (Brown, Laura) (Modified on 12/7/2015 to add party filers) (skh).
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                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 123 Filed: 11/10/2015, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                        ORDER pursuant to the 122 JOINT MOTION to Hold Schedule in Abeyance; the court will extend the deadline for the filing of dispositive motions, set for 11/13/2015, as well as the deadlines for related responsive briefs; directing that the deadline for dispositive motions will be extended to 12/21/2015; the deadline for responses extended to 1/11/2015; and the deadline for replies extended to 1/22/2016; all other deadlines to remain unchanged. Signed by Judge John T. Copenhaver, Jr. on 11/10/2015. (cc: counsel of record; any unrepresented parties) (taq)
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                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 122 Filed: 11/3/2015, Entered: None Unknown Document Type
                                                                                                                                                                                                          JOINT MOTION by Gina McCarthy, United States Environmental Protection Agency, Ron Foster, Foster Farms, LLC, Marketing & Planning Specialists Limited Partnership to Hold Schedule in Abeyance (Attachment: # 1 Proposed Order)(Brown, Laura) (Modified on 11/3/2015 to add party filers) (skh).
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                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 121 Filed: 11/2/2015, Entered: None Unknown Document Type
                                                                                                                                                                                                            REPLY by Ron Foster, Foster Farms, LLC, Marketing & Planning Specialists Limited Partnership to 120 Memorandum In Opposition. (Attachment: # 1 Exhibits A - E)(Wilkinson, John) (Modified on 11/2/2015 to convert event to reply to response) (skh).
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                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 120 Filed: 10/22/2015, Entered: None Unknown Document Type
                                                                                                                                                                                                              MEMORANDUM by Gina McCarthy, United States Environmental Protection Agency in opposition to 117 MOTION by Marketing & Planning Specialists Limited Partnership, Ron Foster, Foster Farms, LLC for Leave to File Second Amended Complaint (Attachment: # 1 Exhibits A-G)(Brown, Laura)
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                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 119 Filed: 10/15/2015, Entered: None Unknown Document Type
                                                                                                                                                                                                                REPLY by Ron Foster, Foster Farms, LLC, Marketing & Planning Specialists Limited Partnership to 116 Brief In Opposition. (Attachment: # 1 Exhibits 1 through 7)(Wilkinson, John)
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                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 118 Filed: 10/5/2015, Entered: None Unknown Document Type
                                                                                                                                                                                                                  MEMORANDUM OF LAW by Marketing & Planning Specialists Limited Partnership, Ron Foster, Foster Farms, LLC in support of 117 MOTION by Marketing & Planning Specialists Limited Partnership, Ron Foster, Foster Farms, LLC for Leave to File Second Amended Complaint (Attachment: # 1 Exhibits A - K)(Wilkinson, John) (Modified on 10/5/2015 to add party filers) (skh).
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                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 117 Filed: 10/5/2015, Entered: None Unknown Document Type
                                                                                                                                                                                                                    MOTION by Marketing & Planning Specialists Limited Partnership, Ron Foster, Foster Farms, LLC for Leave to File Second Amended Complaint (Attachments: # 1 Enclosure 1, # 2 Exhibits A - BB)(Wilkinson, John) (Modified on 10/5/2015 to add party filers)(skh).
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                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 116 Filed: 10/5/2015, Entered: None Unknown Document Type
                                                                                                                                                                                                                      OPPOSITION by Gina McCarthy, United States Environmental Protection Agency to 113 AMENDED MOTION by Marketing & Planning Specialists Limited Partnership, Ron Foster, Foster Farms, LLC for Leave to Depose Regional Administrator Garvin (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Brown, Laura)
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                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 115 Filed: 9/30/2015, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                        ORDER granting 29 UNOPPOSED MOTION by plaintiffs to Correct Exhibits attached to the 25 Amended Complaint; denying as moot the 9 Motion by defendants to Dismiss. Signed by Judge John T. Copenhaver, Jr. on 9/30/2015. (cc: attys; any unrepresented party) (tld)
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                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 114 Filed: 9/30/2015, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                          MEMORANDUM OPINION AND ORDER granting in part and denying in part the EPA's 31 MOTION to Dismiss the Third, Fourth, and (in part) First Claims for Relief asserted in the 25 Amended Complaint; granting with respect to the plaintiffs' substantive due process and equal protection claims; directing that the Fourth Claim for Relief is dismissed in its entirety; to the extent that the complaint seeks relief for these claims elsewhere in the complaint, directing that such claims are also dismissed; denying with respect to the plaintiffs' procedural due process claim. Signed by Judge John T. Copenhaver, Jr. on 9/30/2015. (cc: counsel of record; any unrepresented parties) (tmh)
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                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 113 Filed: 9/17/2015, Entered: None Unknown Document Type
                                                                                                                                                                                                                            AMENDED MOTION by Marketing & Planning Specialists Limited Partnership, Ron Foster, Foster Farms, LLC for Leave to Depose Regional Administrator Garvin (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Wilkinson, John) (Modified on 9/17/2015 to add party filers) (skh).
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                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 112 Filed: 9/16/2015, Entered: None Unknown Document Type
                                                                                                                                                                                                                              RESPONSE by Gina McCarthy, United States Environmental Protection Agency to 110 Notice Regarding New Persuasive Authority (Brown, Laura)
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                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 111 Filed: 9/14/2015, Entered: None Unknown Document Type
                                                                                                                                                                                                                                MOTION by Marketing & Planning Specialists Limited Partnership, Ron Foster, Foster Farms, LLC for Leave to Depose Regional Administrator Garvin (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Wilkinson, John) (Modified on 9/14/2015 to add party filers) (skh).
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                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 109 Filed: 9/3/2015, Entered: None
                                                                                                                                                                                                                                  NOTICE TO TAKE DEPOSITION by Gina McCarthy, United States Environmental Protection Agency, United States Environmental Protection Agency of Bryon Scott Moore on 9/16/2015 at 10:00 am (Attachments: # 1 Exhibit(s))(Brown, Laura)
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                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 110 Filed: 9/9/2015, Entered: None Unknown Document Type
                                                                                                                                                                                                                                    NOTICE REGARDING NEW PERSUASIVE AUTHORITY by Marketing & Planning Specialists Limited Partnership, Ron Foster, Foster Farms, LLC (Attachment: # 1 Exhibit A)(Wilkinson, John) (Modified on 9/9/2015 to add party filers) (skh).
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                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 108 Filed: 8/26/2015, Entered: None
                                                                                                                                                                                                                                      NOTICE TO TAKE DEPOSITION by Gina McCarthy, United States Environmental Protection Agency, United States Environmental Protection Agency of Dane Pehrman on 9/17/2015 at 11:00 am (Attachments: # 1 Exhibit(s))(Brown, Laura)
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                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 107 Filed: 8/21/2015, Entered: None
                                                                                                                                                                                                                                        NOTICE TO TAKE DEPOSITION AND REQUEST FOR PRODUCTION OF DOCUMENTS by Ron Foster, Foster Farms, LLC, Marketing & Planning Specialists Limited Partnership of Dr. Charles L. Dow on September 3, 2015 at 9:30 a.m. (Attachments: # 1 Exhibit(s))(Wilkinson, John) (Modified on 8/24/2015 to add party filers) (taq).
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                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 106 Filed: 8/21/2015, Entered: None
                                                                                                                                                                                                                                          NOTICE TO TAKE DEPOSITION AND REQUEST FOR PRODUCTION OF DOCUMENTS by Ron Foster, Foster Farms, Marketing & Planning Specialists Limited Partnership of Dr. David B. Arscott on September 2, 2015 at 9:30 a.m. (Attachments: # 1 Exhibit(s))(Wilkinson, John) (Modified on 8/24/2015 to add party filers) (taq).
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                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 105 Filed: 8/21/2015, Entered: None
                                                                                                                                                                                                                                            NOTICE TO TAKE DEPOSITION AND REQUEST FOR PRODUCTION OF DOCUMENTS by Ron Foster, Foster Farms, LLC, Marketing & Planning Specialists Limited Partnership of Peter Stokely on August 27, 2015 at 9:30 a.m. (Attachments: # 1 Exhibit(s))(Wilkinson, John) (Modified on 8/24/2015 to add party filers) (taq).
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                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 104 Filed: 8/7/2015, Entered: None
                                                                                                                                                                                                                                              CERTIFICATE OF SERVICE by Gina McCarthy, United States Environmental Protection Agency, United States Environmental Protection Agency for Rule 26(a)(2) Expert Testimony Disclosures. (Brown, Laura)
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                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 103 Filed: 8/4/2015, Entered: None Court Filing
                                                                                                                                                                                                                                                ORDER ON JOINT UNOPPOSED MOTION TO EXTEND SCHEDULE granting the parties' 102 JOINT UNOPPOSED MOTION to Extend 17 Schedule, directing as follows: Discovery to close by 9/18/2015; Dispositive Motions except those filed under Rule 12(b) due by 11/13/2015, Responses due by 12/4/2015, Replies due by 12/16/2015; Settlement Meeting to be held by 10/16/2015; Motions in Limine to be filed by 1/8/2016, with responses due by 1/15/2016; Plaintiffs' portion of proposed Pretrial Order to defendants due by 1/27/2016, and Proposed Integrated Pretrial Order due by 2/3/2016; Pretrial Conference set for 2/13/2016 at 01:30 PM in Charleston; Final Settlement Conference at 10:00 AM on 3/14/2016 in Charleston; Trial set for 3/15/2016 at 09:30 AM in Charleston before Judge John T. Copenhaver, Jr. Signed by Judge John T. Copenhaver, Jr. on 8/4/2015. (cc:attys; any unrepresented party) (tmh) (Modified on 8/5/2015 to replace incorrect image of order) (taq).
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                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 102 Filed: 7/30/2015, Entered: None
                                                                                                                                                                                                                                                  JOINT UNOPPOSED MOTION by Gina McCarthy, United States Environmental Protection Agency, Ron Foster, Foster Farms, LLC, Marketing & Planning Specialists Limited Partnership to Extend 17 Schedule (Attachment: # 1 Proposed Order)(Brown, Laura) (Modified on 7/30/2015 to add party filers) (skh).
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                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 101 Filed: 7/22/2015, Entered: None
                                                                                                                                                                                                                                                    CERTIFICATE OF SERVICE by Ron Foster, Foster Farms, LLC, Marketing & Planning Specialists Limited Partnership for Rule 26(a)(2) Expert Testimony Disclosures. (Wilkinson, John) (Modified on 7/27/2015 to add party filers)(taq).
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                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 100 Filed: 7/21/2015, Entered: None
                                                                                                                                                                                                                                                      NOTICE TO TAKE DEPOSITION AND REQUEST FOR PRODUCTION OF DOCUMENTS by Gina McCarthy, United States Environmental Protection Agency of Jayme Fuller on 8/4/2015 at 1:00 p.m. (Brown, Laura) (Modified on 7/27/2015 to remove duplicate party)(taq).
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                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 99 Filed: 7/21/2015, Entered: None
                                                                                                                                                                                                                                                        NOTICE TO TAKE DEPOSITION AND REQUEST FOR PRODUCTION OF DOCUMENTS by Gina McCarthy, United States Environmental Protection Agency, of James B. Turman on 8/5/2015 at 9:00 am (Brown, Laura)
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                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 98 Filed: 7/13/2015, Entered: None
                                                                                                                                                                                                                                                          NOTICE TO TAKE DEPOSITION AND REQUEST FOR PRODUCTION OF DOCUMENTS by Ron Foster, Foster Farms, LLC, Marketing & Planning Specialists Limited Partnership of Shawn Garvin, on Thursday, August 20, 2015 at 9:30 a.m. (Wilkinson, John) (Modified on 7/15/2015 to add deponent) (taq).
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                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 97 Filed: 7/13/2015, Entered: None
                                                                                                                                                                                                                                                            NOTICE TO TAKE DEPOSITION AND REQUEST FOR PRODUCTION OF DOCUMENTS by Ron Foster, Foster Farms, LLC, Marketing & Planning Specialists Limited Partnership of Pam Lazos on Wednesday, August 19, 2015 at 9:30 a.m. (Wilkinson, John) (Modified on 7/15/2015 to add deponent) (taq).
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                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 96 Filed: 7/13/2015, Entered: None
                                                                                                                                                                                                                                                              NOTICE TO TAKE DEPOSITION AND REQUEST FOR PRODUCTION OF DOCUMENTS by Ron Foster, Foster Farms, LLC, Marketing & Planning Specialists Limited Partnership of Stephanie Andreescu on August 18, 2015 at 9:30 a.m. (Wilkinson, John) (Modified on 7/15/2015 to add deponent) (taq).
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                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 95 Filed: 6/22/2015, Entered: None
                                                                                                                                                                                                                                                                CERTIFICATE OF SERVICE by Gina McCarthy, United States Environmental Protection Agency, United States Environmental Protection Agency for Rule 26(a)(2) Expert Testimony Disclosures. (Brown, Laura)
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                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 94 Filed: 6/22/2015, Entered: None
                                                                                                                                                                                                                                                                  CERTIFICATE OF SERVICE filed by Gina McCarthy, United States Environmental Protection Agency for Responses to Plaintiffs' Third Set of Requests for Production (Brown, Laura)
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                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 93 Filed: 6/22/2015, Entered: None
                                                                                                                                                                                                                                                                    CERTIFICATE OF SERVICE filed by Gina McCarthy, United States Environmental Protection Agency for Responses to Plaintiffs' Third Set of Interrogatories (Brown, Laura)
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                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 92 Filed: 6/22/2015, Entered: None
                                                                                                                                                                                                                                                                      CERTIFICATE OF SERVICE filed by Gina McCarthy, United States Environmental Protection Agency for Responses to Plaintiffs' Third Set of Requests for Admission (Brown, Laura)
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                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 91 Filed: 6/22/2015, Entered: None
                                                                                                                                                                                                                                                                        CERTIFICATE OF SERVICE filed by Gina McCarthy, United States Environmental Protection Agency for Responses to Plaintiffs' Second Set of Requests for Admission (Brown, Laura)
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                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 90 Filed: 6/22/2015, Entered: None
                                                                                                                                                                                                                                                                          CERTIFICATE OF SERVICE filed by Gina McCarthy, United States Environmental Protection Agency for Responses to Plaintiffs' Second Set of Requests for Production (Brown, Laura)
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                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 89 Filed: 6/22/2015, Entered: None
                                                                                                                                                                                                                                                                            CERTIFICATE OF SERVICE filed by Gina McCarthy, United States Environmental Protection Agency for Responses to Plaintiffs Second Set of Interrogatories (Brown, Laura) (Modified on 6/24/2015 to remove excess text) (taq).
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                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 88 Filed: 6/11/2015, Entered: None
                                                                                                                                                                                                                                                                              AMENDED NOTICE TO TAKE DEPOSITION by Ron Foster, Foster Farms, LLC, Marketing & Planning Specialists Limited Partnership of Defendant U.S. Environmental Protection Agency's Rule 30(b)(6) Witness on June 19, 2015 at 9:00 a.m. (Wilkinson, John) (Modified text on 6/17/2015 for clarity and to add party filers) (taq).
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                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 87 Filed: 6/8/2015, Entered: None
                                                                                                                                                                                                                                                                                NOTICE TO TAKE DEPOSITION by Ron Foster, Foster Farms, LLC, Marketing & Planning Specialists Limited Partnership of Rick Hemann on June 17, 2015 at 8:30 a.m. (Wilkinson, John) (Modified on 6/9/2015 to add party filers) (taq).
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                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 86 Filed: 6/8/2015, Entered: None
                                                                                                                                                                                                                                                                                  NOTICE TO TAKE DEPOSITION by Ron Foster, Foster Farms, LLC, Marketing & Planning Specialists Limited Partnership of Jeffrey Lapp on July 9, 2015 at 10:00 a.m. (Wilkinson, John) (Modified on 6/9/2015 to add party filers)(taq).
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                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 85 Filed: 6/5/2015, Entered: None
                                                                                                                                                                                                                                                                                    NOTICE TO TAKE RULE 30(b)(6) WITNESS DEPOSITION by Marketing & Planning Specialists Limited Partnership, Ron Foster, Foster Farms, LLC, of Rule 30(b)(6) representative(s) of Defendant U.S. Environmental Protection Agency on June 18, 2015 at 9:00 a.m. (Wilkinson, John) (Modified text on 6/9/2015 to add deponent, date and time; and party filers) (taq).
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                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 84 Filed: 6/4/2015, Entered: None
                                                                                                                                                                                                                                                                                      AMENDED NOTICE TO TAKE DEPOSITION AND REQUEST FOR PRODUCTION OF DOCUMENTS by Gina McCarthy, United States Environmental Protection Agency of Philip and Linda Blackwell on June 12, 2015 at 10:00 a.m. (Brown, Laura)
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                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 83 Filed: 6/4/2015, Entered: None
                                                                                                                                                                                                                                                                                        AMENDED NOTICE TO TAKE DEPOSITION by Gina McCarthy, United States Environmental Protection Agency of Ronald Foster on June 9, 2015 at 11:00 a.m. (Brown, Laura)
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                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 82 Filed: 6/3/2015, Entered: None
                                                                                                                                                                                                                                                                                          NOTICE TO TAKE DEPOSITION by Ron Foster, Foster Farms, LLC, Marketing & Planning Specialists Limited Partnership of Todd Lutte on June 18, 2015 at 11:00 a.m. (Wilkinson, John) (Modified on 6/9/2015 to add deponent, date and time and additional party filers) (taq).
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                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 81 Filed: 6/3/2015, Entered: None
                                                                                                                                                                                                                                                                                            NOTICE TO TAKE DEPOSITION by Ron Foster, Foster Farms, LLC, Marketing & Planning Specialists Limited Partnership of Wanda Lewis on June 18, 2015 at 9:00 a.m. (Wilkinson, John) (Modified on 6/9/2015 to add deponent, date and time and additional party filers) (taq).
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                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 80 Filed: 5/29/2015, Entered: None
                                                                                                                                                                                                                                                                                              AMENDED NOTICE TO TAKE DEPOSITION by Ron Foster, Foster Farms, LLC, Marketing & Planning Specialists Limited Partnership of Larry Carr on June 12, 2015 at 1:30 p.m. (Wilkinson, John) (Modified on 6/9/2015 to add deponent, date and time and additional party filers) (taq).
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                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 79 Filed: 5/28/2015, Entered: None
                                                                                                                                                                                                                                                                                                CERTIFICATE OF SERVICE by Ron Foster, Foster Farms, LLC, Marketing & Planning Specialists Limited Partnership for Second Supplemental Rule 26(a)(1) Disclosures. (Wilkinson, John) (Modified on 6/9/2015 to add "second" and additional party filers) (taq).
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                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 78 Filed: 5/26/2015, Entered: None
                                                                                                                                                                                                                                                                                                  NOTICE TO TAKE DEPOSITION by Gina McCarthy, United States Environmental Protection Agency of Joe McCoy on June 11, 2015 at 9:00 a.m. (Brown, Laura)
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                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 77 Filed: 5/21/2015, Entered: None
                                                                                                                                                                                                                                                                                                    NOTICE TO TAKE DEPOSITION by Ron Foster, Foster Farms, LLC, Marketing & Planning Specialists Limited Partnership of Mike Showalter at 9:00 a.m. on June 16, 2015 (Wilkinson, John) (Modified on 5/22/2015 to add deponent, date and time and party filers) (taq).
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                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 76 Filed: 5/21/2015, Entered: None
                                                                                                                                                                                                                                                                                                      NOTICE TO TAKE DEPOSITION by Ron Foster, Foster Farms, LLC, Marketing & Planning Specialists Limited Partnership of Doug Hatfield at 10:30 a.m. on June 16, 2015 (Wilkinson, John) (Modified on 5/22/2015 to add deponent, date and time and party filers)(taq).
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                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 75 Filed: 5/21/2015, Entered: None
                                                                                                                                                                                                                                                                                                        NOTICE TO TAKE DEPOSITION by Ron Foster, Foster Farms, LLC, Marketing & Planning Specialists Limited Partnership of Dan Metheny at 10:00 a.m. on June 15, 2015 (Wilkinson, John) (Modified on 5/22/2015 to add deponent, date and time and party filers) (taq).
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                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 74 Filed: 5/21/2015, Entered: None
                                                                                                                                                                                                                                                                                                          NOTICE TO TAKE DEPOSITION by Ron Foster, Foster Farms, LLC, Marketing & Planning Specialists Limited Partnership of Larry George at 8:30 a.m. on June 15, 2015(Wilkinson, John) (Modified on 5/22/2015 to add deponent, date and time and party filers)(taq).
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                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 73 Filed: 5/21/2015, Entered: None
                                                                                                                                                                                                                                                                                                            NOTICE TO TAKE DEPOSITION by Ron Foster, Foster Farms, LLC, Marketing & Planning Specialists Limited Partnership of Larry Carr at 8:30 a.m. on June 12, 2015 (Wilkinson, John) (Modified on 5/22/2015 to add deponent, date and time and party filers)(taq).
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                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 72 Filed: 5/19/2015, Entered: None
                                                                                                                                                                                                                                                                                                              NOTICE TO TAKE DEPOSITION by Gina McCarthy, United States Environmental Protection Agency of Philip and Linda Blackwell on 6/12/2015 at 11:00 a.m. (Brown, Laura)
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                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 71 Filed: 5/18/2015, Entered: None
                                                                                                                                                                                                                                                                                                                NOTICE TO TAKE DEPOSITION AND REQUEST FOR PRODUCTION OF DOCUMENTS by Gina McCarthy, United States Environmental Protection Agency of David and Seth Walters on June 11, 2015 at 1:00 pm (Brown, Laura) (Modified on 5/18/2015 to remove filer) (taq).
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                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 70 Filed: 5/18/2015, Entered: None
                                                                                                                                                                                                                                                                                                                  NOTICE TO TAKE DEPOSITION AND REQUEST FOR PRODUCTION OF DOCUMENTS by Gina McCarthy, United States Environmental Protection Agency of Jacob White on June 10, 2015 at 9:30 am (Brown, Laura) (Modified on 5/18/2015 to remove filer) (taq).
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                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 69 Filed: 5/18/2015, Entered: None
                                                                                                                                                                                                                                                                                                                    NOTICE TO TAKE DEPOSITION by Gina McCarthy, United States Environmental Protection Agency of Ron Foster on June 9, 2015 at 10:00 am (Brown, Laura) (Modified on 5/18/2015 to remove filer) (taq).
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                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 68 Filed: 5/15/2015, Entered: None
                                                                                                                                                                                                                                                                                                                      CERTIFICATE OF SERVICE filed by Gina McCarthy, United States Environmental Protection Agency for Notice of Deposition of David and Seth Walters (Brown, Laura)
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                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 67 Filed: 5/15/2015, Entered: None
                                                                                                                                                                                                                                                                                                                        CERTIFICATE OF SERVICE filed by Gina McCarthy, United States Environmental Protection Agency for Notice of Deposition of Jacob White (Brown, Laura)
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                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 66 Filed: 5/15/2015, Entered: None
                                                                                                                                                                                                                                                                                                                          CERTIFICATE OF SERVICE filed by Ron Foster, Foster Farms, LLC, Marketing & Planning Specialists Limited Partnership for Joint Third Set of Requests for Production to the United States Environmental Protection Agency (Wilkinson, John) (Modified on 5/18/2015 to add party filers)(taq).
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                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 65 Filed: 5/15/2015, Entered: None
                                                                                                                                                                                                                                                                                                                            CERTIFICATE OF SERVICE filed by Ron Foster, Foster Farms, LLC, Marketing & Planning Specialists Limited Partnership for Joint Third Set of Requests for Admission to the United States Environmental Protection Agency (Wilkinson, John) (Modified on 5/18/2015 to add party filers)(taq).
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                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 64 Filed: 5/15/2015, Entered: None
                                                                                                                                                                                                                                                                                                                              CERTIFICATE OF SERVICE filed by Ron Foster, Foster Farms, LLC, Marketing & Planning Specialists Limited Partnership for Joint Third Set of Interrogatories to the United States Environmental Protection Agency (Wilkinson, John) (Modified on 5/18/2015 to add party filers)(taq).
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                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 63 Filed: 5/14/2015, Entered: None
                                                                                                                                                                                                                                                                                                                                CERTIFICATE OF SERVICE filed by Gina McCarthy, United States Environmental Protection Agency for Notice of Deposition of Ron Foster (Brown, Laura)
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                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 62 Filed: 5/11/2015, Entered: None
                                                                                                                                                                                                                                                                                                                                  CERTIFICATE OF SERVICE filed by Gina McCarthy, United States Environmental Protection Agency for Responses to Requests for Production (Brown, Laura) (Modified on 5/14/2015 to remove terminated party) (taq).
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                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 61 Filed: 5/11/2015, Entered: None
                                                                                                                                                                                                                                                                                                                                    CERTIFICATE OF SERVICE filed by Gina McCarthy, United States Environmental Protection Agency, for Supplemental Rule 26(a)(1)(A) Initial Disclosures (Brown, Laura) (Modified on 5/14/2015 to remove terminated party and to convert event to Rule 26 Document) (taq).
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                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 60 Filed: 5/11/2015, Entered: None
                                                                                                                                                                                                                                                                                                                                      CERTIFICATE OF SERVICE filed by Gina McCarthy, United States Environmental Protection Agency, for Responses to Interrogatories (Brown, Laura) (Modified on 5/14/2015 to remove terminated party)(taq).
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                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 59 Filed: 5/11/2015, Entered: None
                                                                                                                                                                                                                                                                                                                                        CERTIFICATE OF SERVICE filed by Gina McCarthy, United States Environmental Protection Agency for Responses to Requests for Admission (Brown, Laura) (Modified on 5/14/2015 to remove terminated party filer and for clarity)(taq).
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                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 58 Filed: 5/6/2015, Entered: None
                                                                                                                                                                                                                                                                                                                                          CERTIFICATE OF SERVICE filed by Ron Foster, Foster Farms, LLC, Marketing & Planning Specialists Limited Partnership for Plaintiffs' Joint Second Set of Interrogatories to United States Environmental Protection Agency (Wilkinson, John) (Modified on 5/7/2015 to add party filers) (taq).
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                                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 57 Filed: 5/6/2015, Entered: None
                                                                                                                                                                                                                                                                                                                                            CERTIFICATE OF SERVICE filed by Ron Foster, Foster Farms, LLC, Marketing & Planning Specialists Limited Partnership for Plaintiffs' Joint Second Set of Requests for Production to United States Environmental Protection Agency (Wilkinson, John) (Modified on 5/7/2015 to add party filers) (taq).
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                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 56 Filed: 5/6/2015, Entered: None
                                                                                                                                                                                                                                                                                                                                              CERTIFICATE OF SERVICE filed by Ron Foster, Foster Farms, LLC, Marketing & Planning Specialists Limited Partnership for Plaintiffs' Joint Second Set of Requests for Admission to the United States Environmental Protection Agency (Wilkinson, John) (Modified on 5/7/2015 to add to add party filers)(taq).
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                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 55 Filed: 5/5/2015, Entered: None
                                                                                                                                                                                                                                                                                                                                                REPLY by Marketing & Planning Specialists Limited Partnership, Ron Foster, Foster Farms, LLC to 54 Response In Opposition. (Attachment: # 1 Exhibit A)(Wilkinson, John) (Modified on 5/5/2015 to add party filers)(skh).
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                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 54 Filed: 5/1/2015, Entered: None
                                                                                                                                                                                                                                                                                                                                                  RESPONSE by Gina McCarthy in opposition to 44 Notice Regarding New Persuasive Authority. (Call, Gary)
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                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 53 Filed: 4/29/2015, Entered: None
                                                                                                                                                                                                                                                                                                                                                    CERTIFICATE OF SERVICE filed by Marketing & Planning Specialists Limited Partnership for Response to United State's First Set of Interrogatories (Wilkinson, John)
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                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 52 Filed: 4/29/2015, Entered: None
                                                                                                                                                                                                                                                                                                                                                      CERTIFICATE OF SERVICE filed by Foster Farms, LLC for Response to the United State's First Set of Interrogatories (Wilkinson, John)
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                                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 51 Filed: 4/29/2015, Entered: None
                                                                                                                                                                                                                                                                                                                                                        CERTIFICATE OF SERVICE filed by Ron Foster for Response to the United State's First Set of Interrogatories (Wilkinson, John)
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                                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 50 Filed: 4/29/2015, Entered: None
                                                                                                                                                                                                                                                                                                                                                          CERTIFICATE OF SERVICE filed by Marketing & Planning Specialists Limited Partnership for Response to United States' First Set of Requests for Production of Documents (Wilkinson, John) (Modified text on 5/1/2015 for clarity) (taq).
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                                                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 49 Filed: 4/29/2015, Entered: None
                                                                                                                                                                                                                                                                                                                                                            CERTIFICATE OF SERVICE filed by Foster Farms, LLC for Response to United States' First Set of Requests for Production of Documents (Wilkinson, John) (Modified text on 5/1/2015 for clarity) (taq).
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                                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 48 Filed: 4/29/2015, Entered: None
                                                                                                                                                                                                                                                                                                                                                              CERTIFICATE OF SERVICE filed by Ron Foster for Response to United States' First Set of Requests for Production of Documents (Wilkinson, John) (Modified text on 5/1/2015 for clarity) (taq).
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                                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 47 Filed: 4/23/2015, Entered: None
                                                                                                                                                                                                                                                                                                                                                                CERTIFICATE OF SERVICE filed by Marketing & Planning Specialists Limited Partnership for Response to Defendant's First Set of Requests for Admission (Wilkinson, John)
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                                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 46 Filed: 4/23/2015, Entered: None
                                                                                                                                                                                                                                                                                                                                                                  CERTIFICATE OF SERVICE filed by Foster Farms, LLC for Response to Defendant's First Requests for Admission (Wilkinson, John)
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                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 45 Filed: 4/23/2015, Entered: None
                                                                                                                                                                                                                                                                                                                                                                    CERTIFICATE OF SERVICE filed by Ron Foster for Response to Defendant's First Set of Requests for Admission (Wilkinson, John)
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                                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 44 Filed: 4/17/2015, Entered: None
                                                                                                                                                                                                                                                                                                                                                                      NOTICE REGARDING NEW PERSUASIVE AUTHORITY by Marketing & Planning Specialists Limited Partnership, Ron Foster, Foster Farms, LLC (Attachment: # 1 Exhibit A)(Wilkinson, John)(Modified on 4/17/2015 to add party filers)(skh).
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                                                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 43 Filed: 4/8/2015, Entered: None
                                                                                                                                                                                                                                                                                                                                                                        CERTIFICATE OF SERVICE filed by Marketing & Planning Specialists Limited Partnership, Foster Farms, LLC, Ron Foster for Plaintiffs' Joint First Set of Requests for Production to the United States Environmental Protection Agency (Wilkinson, John) (Modified on 4/10/2015 to add party filers) (taq).
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                                                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 42 Filed: 4/8/2015, Entered: None
                                                                                                                                                                                                                                                                                                                                                                          CERTIFICATE OF SERVICE filed by Marketing & Planning Specialists Limited Partnership, Foster Farms, LLC, Ron Foster for Plaintiffs' Joint First Set of Requests for Admission to the United States Environmental Protection Agency (Wilkinson, John) (Modified on 4/10/2015 to add party filers)(taq).
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                                                                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 41 Filed: 4/8/2015, Entered: None
                                                                                                                                                                                                                                                                                                                                                                            CERTIFICATE OF SERVICE filed by Marketing & Planning Specialists Limited Partnership, Foster Farms, LLC, Ron Foster for Plaintiffs' Joint First Set of Interrogatories to United States Environmental Protection Agency (Wilkinson, John) (Modified on 4/10/2015 to add party filers) (taq).
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                                                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 40 Filed: 4/1/2015, Entered: None
                                                                                                                                                                                                                                                                                                                                                                              CERTIFICATE OF SERVICE filed by Gina McCarthy, United States Environmental Protection Agency, for Rule 34(a)(2) Request for Entry (Brown, Laura) (Modified on 4/2/2015 to remove duplicate party) (taq).
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                                                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 39 Filed: 3/31/2015, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                CERTIFICATE OF SERVICE by Marketing & Planning Specialists Limited Partnership for Supplemental Rule 26(a)(1) Initial Disclosures. (Wilkinson, John) (Modified on 4/1/2015 to add "supplemental" and convert event) (taq).
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                                                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 38 Filed: 3/30/2015, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                  CERTIFICATE OF SERVICE filed by Gina McCarthy, United States Environmental Protection Agency, for United States' First Set of Interrogatories, First Set of Document Requests, First Set of Requests for Admission Directed to Plaintiffs (Brown, Laura) (Modified text for clarity on 4/1/2015) (taq).
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                                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 37 Filed: 1/9/2015, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                    REPLY by Gina McCarthy, United States Environmental Protection Agency to 33 Memorandum In Opposition. (Brown, Laura)
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                                                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 36 Filed: 12/29/2014, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                      ANSWER TO 30 Counterclaim by Marketing & Planning Specialists Limited Partnership.(Wilkinson, John)
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                                                                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 35 Filed: 12/24/2014, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                                                                        ORDER granting the 34 CONSENT MOTION to extend United States' time to reply to 31 MOTION to Dismiss; extending the United States' time to file a reply to 1/9/2015. Signed by Judge John T. Copenhaver, Jr. on 12/24/2014. (cc: attys; any unrepresented party) (taq)
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                                                                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 34 Filed: 12/23/2014, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                          CONSENT MOTION by Gina McCarthy, United States Environmental Protection Agency to Extend Time to Reply to 31 MOTION by Gina McCarthy, United States Environmental Protection Agency to Dismiss the Third, Fourth, and (in part) First Claims for Relief asserted in the 25 Amended Complaint to 1/09/2015 (Attachment: # 1 Proposed Order)(Brown, Laura)
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                                                                                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 33 Filed: 12/22/2014, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                            MEMORANDUM by Marketing & Planning Specialists Limited Partnership in opposition to 31 MOTION by Gina McCarthy, United States Environmental Protection Agency to Dismiss the Third, Fourth, and (in part) First Claims for Relief asserted in the 25 Amended Complaint (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Wilkinson, John)
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                                                                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 32 Filed: 12/3/2014, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                              MEMORANDUM by Gina McCarthy, United States Environmental Protection Agency in support of 31 MOTION by Gina McCarthy, United States Environmental Protection Agency to Dismiss the Third, Fourth, and (in part) First Claims for Relief asserted in the 25 Amended Complaint (Call, Gary)
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                                                                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 31 Filed: 12/3/2014, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                MOTION by Gina McCarthy, United States Environmental Protection Agency to Dismiss the Third, Fourth, and (in part) First Claims for Relief asserted in the 25 Amended Complaint (Attachment: # 1 Proposed Order)(Call, Gary) (Modified on 12/3/2014 to add link to #25 amended complaint) (skh).
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                                                                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 30 Filed: 12/3/2014, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                  ANSWER TO 25 Amended Complaint by Gina McCarthy, United States Environmental Protection Agency and COUNTERCLAIM by Defendants Gina McCarthy, United States Environmental Protection Agency against Plaintiffs Ron Foster, Foster Farms, LLC, Marketing & Planning Specialists Limited Partnership. (Attachment: # 1 Exhibits A through H)(Call, Gary)
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                                                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 29 Filed: 12/2/2014, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                    UNOPPOSED MOTION by Marketing & Planning Specialists Limited Partnership to Correct Exhibits attached to the 25 Amended Complaint (Attachment: # 1 Attachments A-Q)(Wilkinson, John)
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                                                                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 28 Filed: 12/2/2014, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                      ORDER AND STIPULATION REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION, CLAIMS OF PRIVILEGE OR WORK PRODUCT PROTECTION setting forth the terms for the handling of certain information and materials, as further described and set forth more fully herein. Signed by Judge John T. Copenhaver, Jr. on 12/2/2014. (cc: attys; any unrepresented party) (taq)
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                                                                                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 27 Filed: 11/28/2014, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                        NOTICE OF CHANGE OF ATTORNEY INFORMATION by Gary L. Call substituting for J. Christopher Krivonyak on behalf of Gina McCarthy, United States Environmental Protection Agency. (Call, Gary)
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                                                                                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 26 Filed: 11/25/2014, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                          NOTICE OF FILING OF CERTIFIED INDEX TO THE ADMINISTRATIVE RECORD by United States Environmental Protection Agency, Gina McCarthy (Attachment: # 1 Certification of Index to the Administrative Record)(Krivonyak, J.) (Modified on 11/28/2014 to add party filer)(skh).
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                                                                                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 25 Filed: 11/3/2014, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                          AMENDED COMPLAINT by Ron Foster, Marketing & Planning Specialists Limited Partnership, Foster Farms, LLC against United States Environmental Protection Agency, Gina McCarthy (Attachment: # 1 Exhibits A-P) (skh)
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                                                                                                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 24 Filed: 10/22/2014, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                            ORDER granting plaintiff's 18 MOTION to Stay Briefing and to Amend Complaint Pursuant to Rule 15(a)(2); amended complaint due by 11/3/2014; granting defendants the time requested in plaintiffs' motion and directing the defendants to file an amended answer and/or a new or revised motion to dismiss as more fully set forth herein, within 30 days of the receipt of plaintiff's amended complaint; all other deadlines including those for responses and replies related to the amended answer or revised motion to dismiss, are unchanged. Signed by Judge John T. Copenhaver, Jr. on 10/22/2014. (cc: attys; any unrepresented party) (tmh)
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                                                                                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 23 Filed: 10/22/2014, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                              INCORRECT ENTRY. IMAGE REMOVED. SEE ENTRY #24. (Modified on 10/22/2014 to remove image as it was filed in the incorrect civil action)(taq).
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                                                                                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 22 Filed: 10/22/2014, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                PROPOSED ORDER Amended Order and Stipulation Regarding Discovery of Electronically Stored Information, Claims of Privilege, or Work Product Protection by United States Environmental Protection Agency, Ron Foster, Foster Farms, LLC, Marketing & Planning Specialists Limited Partnership, Gina McCarthy (Krivonyak, J.) (Modified on 10/22/2014 to add party filers)(skh).
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                                                                                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 21 Filed: 10/21/2014, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                  CERTIFICATE OF SERVICE by Marketing & Planning Specialists Limited Partnership for Rule 26(a)(1) Initial Disclosures. (Wilkinson, John)
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                                                                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 20 Filed: 10/20/2014, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                    CERTIFICATE OF SERVICE by United States Environmental Protection Agency for Rule 26(a)(1) Initial Disclosures. (Krivonyak, J.)
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                                                                                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 19 Filed: 10/20/2014, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                      PROPOSED ORDER Order and Stipulation Regarding Discovery of Electronically Stored Information, Claims of Privilege, or Work Product Protection by United States Environmental Protection Agency, Ron Foster, Foster Farms, LLC, Marketing & Planning Specialists Limited Partnership, Gina McCarthy (Krivonyak, J.) (Modified on 10/20/2014 to add party filers) (skh).
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                                                                                                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 18 Filed: 10/15/2014, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                        RESPONSE by Ron Foster, Foster Farms, LLC, Marketing & Planning Specialists Limited Partnership in opposition to 9 MOTION by Gina McCarthy, United States Environmental Protection Agency to Dismiss 1 Complaint and MOTION by Ron Foster, Foster Farms, LLC, Marketing & Planning Specialists Limited Partnership to Stay Briefing, and NOTICE to Amend Complaint Pursuant to Rule 15(a)(2) (Attachment: # 1 Exhibit A)(Wilkinson, John) (Modified on 10/15/2014 to convert event to motion to stay)(skh).
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                                                                                                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 17 Filed: 9/29/2014, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                          ORDER: the scheduling conference is cancelled; directing that this case shall proceed as follows: Joinder of Parties, amended pleadings due by 11/3/2014; Discovery requests to be completed by 5/15/2015; Expert Witness List by parties bearing the burden of proof due by 6/22/2015, by party not bearing burden of proof due by 7/22/2015, and to solely contradict or rebut evidence due by 8/7/2015; Discovery to close 8/21/2015; Dispositive Motions except those filed under Rule 12(b) due by 9/10/2015, Responses due by 9/24/2015, Replies due by 10/1/2015; Settlement Meeting to be held by 11/12/2015; Motions in Limine to be filed by 11/18/2015, with responses due by 11/25/2015; Plaintiffs portion of proposed Pretrial Order to defendants due by 11/16/2015, Proposed Integrated Pretrial Order due by 11/23/2015; Pretrial Conference set for 12/11/2015 at 01:30 PM in Charleston; Proposed Jury Charge due by 12/23/2015; Final Settlement Conference at 09:30 AM on 1/4/2016 in Charleston; Trial set for 1/5/2016 at 09:30 AM in Charleston before Judge John T. Copenhaver, Jr. Signed by Judge John T. Copenhaver, Jr. on 9/29/2014. (cc:attys; any unrepresented parties) (tmh)
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                                                                                                                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 16 Filed: 9/26/2014, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                            RULE 26(f) REPORT OF PLANNING MEETING by Gina McCarthy, United States Environmental Protection Agency, Ron Foster, Foster Farms, LLC, Marketing & Planning Specialists Limited Partnership. (Krivonyak, J.) (Modified on 9/26/2014 to add party filers) (skh).
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                                                                                                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 15 Filed: 9/25/2014, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                              ORDER granting the parties' second 13 JOINT MOTION to extend the time to file plaintiffs' response to defendants' 9 Rule 12(b)(6) motion to dismiss and defendants' time to reply; defendant to file any reply to the plaintiffs' response by 10/30/2014. Signed by Judge John T. Copenhaver, Jr. on 9/25/2014. (cc: counsel of record; any unrepresented parties) (taq)
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                                                                                                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 14 Filed: 9/23/2014, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                ORDER granting the parties' 12 JOINT MOTION to extend the time to file plaintiffs' response to defendants' 9 Rule 12(b)(6) motion to dismiss and defendants' time to reply; the plaintiffs to file their response by 10/15/2014; the defendants to file any reply by 10/29/2014. Signed by Judge John T. Copenhaver, Jr. on 9/23/2014. (cc: counsel of record; any unrepresented parties) (taq)
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                                                                                                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 13 Filed: 9/22/2014, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                  JOINT MOTION (Amended) by Ron Foster, Foster Farms, LLC, Marketing & Planning Specialists Limited Partnership, Gina McCarthy, United States Environmental Protection Agency to Extend Time for Plaintiffs' Response to Defendants' 9 MOTION by Gina McCarthy, United States Environmental Protection Agency to Dismiss 1 Complaint and Defendants' Time to Reply (Wilkinson, John) (Modified on 9/22/2014 to add party filers)(skh).
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                                                                                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 12 Filed: 9/22/2014, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                    JOINT MOTION by Ron Foster, Foster Farms, LLC, Marketing & Planning Specialists Limited Partnership, Gina McCarthy, United States Environmental Protection Agency to Extend Time for Plaintiffs' Response to Defendants' 9 MOTION by Gina McCarthy, United States Environmental Protection Agency to Dismiss 1 Complaint and Defendants' Time to Reply (Wilkinson, John) (Modified on 9/22/2014 to add party filers) (skh).
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                                                                                                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 11 Filed: 9/10/2014, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                      ANSWER TO 7 Counterclaim by Marketing & Planning Specialists Limited Partnership, Ron Foster, Foster Farms, LLC.(Wilkinson, John) (Modified on 9/10/2014 to add party filers) (skh).
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                                                                                                                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 10 Filed: 9/10/2014, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                        MEMORANDUM by Gina McCarthy, United States Environmental Protection Agency in support of 9 MOTION by Gina McCarthy, United States Environmental Protection Agency to Dismiss 1 Complaint (Krivonyak, J.) (Modified on 9/10/2014 to add party filer) (skh).
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                                                                                                                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 9 Filed: 9/10/2014, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                          MOTION by Gina McCarthy, United States Environmental Protection Agency to Dismiss 1 Complaint (Attachment: # 1 Proposed Order)(Krivonyak, J.) (Modified on 9/10/2014 to add party filer and to add link to #1 complaint) (skh).
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                                                                                                                                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 8 Filed: 8/21/2014, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                            ORDER AND NOTICE: Rule 12(b) Motions 9/10/2014. Rule 26(f) Meeting 9/22/2014. Last day to file report of Rule 26(f) Meeting 9/29/2014. Scheduling Conference at 04:30 PM on 10/3/2014 in Charleston. Entry of Scheduling Order 10/10/2014. Last Day to make Rule 26(a)(1) disclosures 10/20/2014. Signed by Judge John T. Copenhaver, Jr. on 8/21/2014. (cc: attys; any unrepresented party) (tmr)
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                                                                                                                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 7 Filed: 8/20/2014, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                              ANSWER TO 1 Complaint by Gina McCarthy, United States Environmental Protection Agency and COUNTERCLAIM by Defendants Gina McCarthy, United States Environmental Protection Agency against Plaintiffs Ron Foster, Foster Farms, LLC, Marketing & Planning Specialists Limited Partnership.(Krivonyak, J.)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 6 Filed: 7/11/2014, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                ORDER granting the 5 MOTION to extend the time to file a response to the plaintiffs' complaint; directing the defendants to answer or otherwise respond to the plaintiffs' 1 complaint by 8/20/2014. Signed by Judge John T. Copenhaver, Jr. on 7/11/2014. (cc: attys; any unrepresented parties) (taq)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 5 Filed: 7/10/2014, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                  MOTION by Gina McCarthy, United States Environmental Protection Agency to Extend Time to Respond to 1 Complaint to August 20, 2014 (Krivonyak, J.) (Modified on 7/10/2014 to add link to #1 complaint) (skh).
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                                                                                                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 4 Filed: 6/3/2014, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                    SUMMONS RETURNED EXECUTED for Gina McCarthy, United States Environmental Protection Agency, re: 1 Complaint. Gina McCarthy served on 5/22/2014, answer due 7/21/2014; United States Environmental Protection Agency served on 5/22/2014, answer due 7/21/2014. Person Served: Michelle Wallace on behalf of R. Booth Goodwin II. Return Receipt Card signed on 5/28/2014 on behalf of Gina McCarthy, EPA Administrator. Return Receipt Card signed on 5/28/2014 on behalf of U.S. Attorney General. Return Receipt Card signed on 5/27/2014 on behalf of Shawn M. Garvin, Administrator for EPA Mid-Atlantic Region. (Wilkinson, John) (Modified on 6/4/2014 to correct service date to 5/22/2014 and answer due date to 7/21/2014.) (skh).
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                                                                                                                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 3 Filed: 5/22/2014, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                      ELECTRONIC SUMMONS ISSUED as to Gina McCarthy, United States Environmental Protection Agency, United States Environmental Protection Agency, re: 1 Complaint. Summons returnable 60 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (Attachments: # 1 Summons as to Gina McCarthy, EPA Administrator, # 2 Summons as to R. Booth Goodwin, II, U.S. Attorney, # 3 Summons as to Eric H. Holder, Jr. U.S. Attorney General) (tmh)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 2 Filed: 5/21/2014, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                        STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED MAY 7, 2014. Discovery referred to Magistrate Judge Tinsley. (cc:attys; any unrepresented party) (tmh)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 1 Filed: 5/21/2014, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                          COMPLAINT. Filing Fee $400.00. Receipt # 0425-3223353. (Attachments: # 1 Exhibits A - N, # 2 Civil Cover Sheet) (tmh) (Modified on 5/22/2014 to remove and replace Exhibits A-N to correct the order of appearance) (skh).
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