Empowerment 2010, et al v. Housing & Urban

Federal Civil Lawsuit Virginia Eastern District Court, Case No. 2:03-cv-00017-RAJ-FBS
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Summary

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Parties
No Logo Empowerment 2010, Inc., Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Timothy A Coyle +1 757 623 3000

Represented by Crenshaw Ware & Martin PLC

Name Phone Fax E-Mail
Space Donald C. Schultz +1 757 623 3000 dschultz@cwm-law.com
Space David Harlen Sump +1 757 623 3000 +1 757 623 5735 dsump@cwm-law.com

Represented by McGuireWoods LLP

Name Phone Fax E-Mail
Space Amy Morrissey Turk +1 757 640 3700 +1 757 640 3701 aturk@mcguirewoods.com
v.
United States Department of Housing and Urban Development United States Department of Housing and Urban Development, Defendant

Represented by United States Department of Justice

Name Phone Fax E-Mail
Space John R. Griffiths +1 202 514 4652 +1 202 616 8470 john.griffiths@usdoj.gov
Space Susan Lynn Watt +1 757 441 6331 susan.watt@usdoj.gov
Other Parties
No Logo Angelo Pierce, Movant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Charles Everett Malone +1 757 628 8141
No Logo Ar-Rashid Shabazz, Movant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Charles Everett Malone +1 757 628 8141
No Logo Betty Osby, Movant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Charles Everett Malone +1 757 628 8141
No Logo Calvin Alston Hargrove, Jr., Movant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Charles Everett Malone +1 757 628 8141
No Logo Christine Powell-Bell, Movant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Charles Everett Malone +1 757 628 8141
No Logo City of Portsmouth, Virginia, Movant

Represented by McGuireWoods LLP

Represented by United States Department of Veterans Affairs

Name Phone Fax E-Mail
Space George Timothy Oksman +1 757 393 8731 oksmant@portsmouthva.gov
No Logo DIANE PIERCE, Movant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Charles Everett Malone +1 757 628 8141
No Logo Gordon Manley, Movant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Charles Everett Malone +1 757 628 8141
No Logo Lucinda Pitt, Movant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Charles Everett Malone +1 757 628 8141
Attributes
Office Norfolk
Filed 1/2/2003
Jury Demand None
Demand $0
Nature of Suit 890 - Other Statutes: Other Statutory Actions
Cause Section 28 U.S.C. § 2201 Declaratory Judgment
Jurisdiction U.S. Government Defendant
Disposition Judgment - Other
County Norfolk City
Terminated 2/26/2004
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case 2:02-cv-00489[USDC-EDVA]
Def Custody Status
Flag CLOSED
Timeline
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Blank -- Filed: 2/26/2004, Entered: 2/26/2004 Docket Annotation
JUDGMENT on decision by the court that the motion for summary judgment of Empowerment 2010, Inc., and the United States Department of Housing and Urban Development, Civil Action 2:03cv17 are DENIED; and that Civil Action 2:03cv17 is REMANDED to the United States Department of Housing and Urban Development for further administrative action, entered by the Clerk and approved by USDJ Raymond A. Jackson on 2/24/04, filed 2/26/04, o.b., Copies Mailed: 2/26/04 (vwar)
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Blank -- Filed: 2/26/2004, Entered: 2/26/2004 Disposable Record
Disposable Record (vwar)
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Blank -- Filed: 2/26/2004, Entered: 2/26/2004 Terminated Case
Case closed (vwar)
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Blank 34 Filed: 4/16/2003, Entered: 4/16/2003 OrderCourt Filing
ORDER denying [23-1] motion by City of Portsmouth, Virginia for Leave to File a statement in opposition to motion to intervene and consolidate by Lucinda Pitt, Calvin Hargrove, Diana Pierce, Angela Pierce, R. Rashed Shabazz, Betty Osby, Christine Powell Bell, and Gordon Manley ("the Residents"; denying [20-1] motion to Intervene; granting [20-2] motion to Consolidate Cases 2:03cv17 and 2:02cv489 and consolidating this case into Pitt v. City of Portsmouth, 2:02cv489, entered and filed 4/16/03 (signed by Judge Raymond A. Jackson) Copies Mailed: 4/16/03 [EOD Date: 4/16/03] (clerk)
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Blank 33 Filed: 4/16/2003, Entered: 4/16/2003 OrderCourt Filing
AMENDED PRELIMINARY INJUNCTION ORDER that 1) defendant is enjoined from prohibiting the expenditure of any remaining unexpended Round II EZ grant funds that have previously been allocated to plaintiff; 2) defendant is enjoined from withholding the release of any additionally authorized Round II EZ grant funds; 3) defendant is enjoined from taking any further action which may fiscally hinder plaintiff; 4) nothing in the above injunctive relief shall be interpreted to prohibit HUD from the exercise of its general oversight responsibilites for the Norfolk/Portsmouth EZ program, provided that such responsibilities are unrelated to the single issue before the Court regarding whether Empowerment 2010 is responsible under the Uniform Relocation Act to pay relocation costs to former residents of Fairwood Homes; and plaintiff shall post a bond of $100,000; and said order shall remain in place until further order of this Court, entered and filed 4/16/03 (signed by Judge Raymond A. Jackson) Copies Mailed: 4/16/03 [EOD Date: 4/16/03] (clerk)
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Blank 32 Filed: 4/16/2003, Entered: 4/16/2003 OrderCourt Filing
ORDER granting in part, denying in part [15-1] motion by United States Department of Housing & Urban Development for Reconsideration of [14-1] order of Preliminary Injunction in favor of plaintiff; the preliminary injunction shall be amended to clarify the scope of the Court's injunction, eterned and filed 4/16/03 (signed by Judge Raymond A. Jackson) Copies Mailed: 4/16/03 [EOD Date: 4/16/03] (clerk)
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Blank -- Filed: 4/16/2003, Entered: 4/16/2003 Set/Clear Flags
Consolidated Member Case. Lead Case Number: 2:02cv489. (clerk)
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Blank -- Filed: 4/16/2003, Entered: 4/16/2003 Docket Annotation
****FOR FUTURE DOCKET ENTRIES, SEE CIVIL ACTION NO. 2:02cv489**** (clerk)
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Blank 31 Filed: 4/15/2003, Entered: 4/15/2003 Memorandum in Opposition
MEMORANDUM by Empowerment 2010 in opposition to [29-1] motion by United States Department of Housing and Urban Development for protective order precluding discovery and limiting judicial review to the administrative record, received. (clerk)
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Blank 30 Filed: 4/4/2003, Entered: 4/4/2003 Memorandum in Support
MEMORANDUM in support of [29-1] motion by United States Department of Housing and Urban Development for protective order precluding discovery and limiting judicial review to the administrative record, received. (clerk)
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Blank 29 Filed: 4/4/2003, Entered: 4/4/2003, Terminated: 2/9/2004 Motion for Miscellaneous Relief
MOTION by United States Department of Housing and Urban Development for protective order precluding discovery and limiting judicial review to the administrative record (clerk)
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Blank -- Filed: 4/2/2003, Entered: 4/2/2003 Set/Reset Hearings
16b conference reset at 1:45 p.m. on 4/9/03 (clerk)
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Blank 28 Filed: 3/19/2003, Entered: 3/19/2003 OrderCourt Filing
ORDER: 26(f) attorneys' conference set 3/31/03 at 2:00 p.m.; 16(b) scheduling conference set 8:45 a.m. on 4/10/03; initial disclosure 4/24/03; no party required to respond to discovery sooner than 5/5/03; entered and filed 3/19/03 (signed by Magistrate Judge F. B. Stillman) Copies Mailed: 3/19/03 (clerk)
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Blank 27 Filed: 3/18/2003, Entered: 3/18/2003 Reply to Response to Motion
REPLY by Lucinda Pitt, Calvin Alston Hargrove Jr., Diane Pierce, Angelo Pierce, Ar-Rashid Shabazz, Betty Osby, Christine Powell-Bell, Gordon Manley to response to [20-1] motion to Intervene by movants, [20-2] motion to Consolidate Cases 2:03cv17 and 2:02cv489 by movants, received. (clerk)
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Blank 26 Filed: 3/12/2003, Entered: 3/13/2003 Memorandum in Opposition
MEMORANDUM by United States Department of Housing & Urban Development in opposition to [20-1] motion to Intervene by movants, [20-2] motion to Consolidate Cases 2:03cv17 and 2:02cv489 by movants, received. (clerk)
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Blank -- Filed: 3/12/2003, Entered: 3/12/2003 Miscellaneous Document
Referred for 16(b) Conference (clerk)
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Blank 25 Filed: 3/11/2003, Entered: 3/12/2003 Answer
ANSWER to Complaint by United States Department of Housing & Urban Development. (clerk)
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Blank 24 Filed: 3/10/2003, Entered: 3/11/2003 Memorandum in Support
MEMORANDUM in support of [23-1] motion by City of Portsmouth, Virginia for Leave to File a statement in opposition to motion to intervene and consolidate by Lucinda Pitt, Calvin Hargrove, Diana Pierce, Angela Pierce, R. Rashed Shabazz, Betty Osby, Christine Powell Bell, and Gordon Manley ("the Residents"), received. (clerk)
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Blank 23 Filed: 3/10/2003, Entered: 3/11/2003, Terminated: 4/16/2003 Motion for Leave to File
MOTION by City of Portsmouth, Virginia for Leave to File a statement in opposition to motion to intervene and consolidate by Lucinda Pitt, Calvin Hargrove, Diana Pierce, Angela Pierce, R. Rashed Shabazz, Betty Osby, Christine Powell Bell, and Gordon Manley ("the Residents" . Statement attached to this motion. (clerk) Modified on 03/11/2003
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Blank 22 Filed: 3/10/2003, Entered: 3/10/2003 Memorandum in Opposition
MEMORANDUM by Empowerment 2010, Inc. in opposition to [20-1] motion to Intervene by movants, [20-2] motion to Consolidate Cases 2:03cv17 and 2:02cv489 by movants, received. (clerk)
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Blank 21 Filed: 2/27/2003, Entered: 2/28/2003 Reply to Response to Motion
REPLY by United States Department of Housing & Urban Development to response to [15-1] motion by United States Department of Housing & Urban Development for Reconsideration of [14-1] order of Preliminary Injunction favor of plaintiff, received. (clerk)
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Blank 20 Filed: 2/26/2003, Entered: 2/27/2003 Motion to Intervene
MOTION with Memorandum in Support by Lucinda Pitt, Calvin Hargrave, Diane Pierce, Angelo Pierce, Ar-Rashid Shabazz, Betty Osby, Christine Powell-Bell, Gordon Manley to Intervene , and to Consolidate Cases 2:03cv17 and 2:02cv489 (clerk)
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Blank 19 Filed: 2/26/2003, Entered: 2/26/2003 Summons Returned Executed
SUMMONS Returned Executed as to United States Department of Housing & Urban Development on 1/10/03 by personal service on U.S. Attorney in Alexandria and U.S. Attorney General; Answer due on 3/11/03 for United States Department of Housing & Urban Development. (clerk)
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Blank 18 Filed: 2/24/2003, Entered: 2/25/2003 Memorandum in Opposition
MEMORANDUM by Empowerment 2010, Inc. in opposition to [15-1] motion by United States Department of Housing & Urban Development for Reconsideration of [14-1] order of Preliminary Injunction in favor of plaintiff, received. (clerk)
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Blank 17 Filed: 2/18/2003, Entered: 2/18/2003 Transcript
TRANSCRIPT for dates of January 24, 2003 before the Honorable Raymond A. Jackson. (clerk)
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Blank 16 Filed: 2/12/2003, Entered: 2/13/2003 Memorandum in Support
MEMORANDUM in support of [15-1] motion by United States Department of Housing & Urban Development for Reconsideration of [14-1] order of Preliminary Injunction in favor of plaintiff, received. (clerk)
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Blank 15 Filed: 2/12/2003, Entered: 2/13/2003, Terminated: 4/16/2003 Motion for Reconsideration
MOTION by United States Department of Housing & Urban Development for Reconsideration of [14-1] order of Preliminary Injunction in favor of plaintiff (clerk)
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Blank 14 Filed: 1/29/2003, Entered: 1/30/2003 OrderCourt Filing
PRELIMINARY INJUNCTION Preliminary Injunction in favor of plaintiff ; (1) defendant is enjoined from prohibiting the expenditure of any remaining unexpended Round II EZ grant funds that have been previously allocated to plaintiff, (2) defendant is enjoined from withholding the release of any additionally authorized Round II EZ grant funds, (3) Defendant is enjoined from taking any further action which may fiscally hinder plaintiff; plaintiff shall post a bond of $100,000; and said order shall remain in place until further order of this court, filed 1/29/03 (signed by Judge Raymond A. Jackson) Copies Mailed: 1/30/03 [EOD Date: 1/30/03] (clerk)
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Blank 13 Filed: 1/29/2003, Entered: 1/30/2003 OrderCourt Filing
MEMORANDUM OPINION mooting [2-1] motion by Empowerment 2010 for Temporary Restraining Order; granting [2-2] motion by Empowerment 2010 for Preliminary Injunction; and a preliminary injunction shall be issued separate from this Memorandum Opinion, entered and filed 1/29/03 (signed by Judge Raymond A. Jackson) Copies Mailed: 1/30/03 [EOD Date: 1/30/03] (clerk)
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Blank 12 Filed: 1/28/2003, Entered: 1/29/2003 Bond
PRELIMINARY INJUNCTION BOND in the amount of $100,000.00 entered by Empowerment 2010, Inc. ORIGINAL IN CIVIL BOND DRAWER. (clerk)
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Blank 11 Filed: 1/24/2003, Entered: 1/24/2003 Minutes-Miscellaneous
COURT PROCEEDINGS - RAJ, USDJ. Sharon Borden, OCR. Counsel appeared. Matter came on for motion for preliminary injunction. Argument of counsel heard. G. Timothy Oksman, Esquire, requested permission to address the Court on behalf of the City of Portsmouth, VA; and Wayne Ringer, Esquire, requested permission to address the Court on behalf of the City of Norfolk, VA, which were GRANTED. Court ruled from the bench, GRANTING the preliminary injunction. Plaintiff to post bond in the amount of $100,000.00. Court to issue a written opinion and order. Court adjourned. (rlam)
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Blank -- Filed: 1/24/2003, Entered: 1/24/2003 Motion Hearing
Motion hearing held re: [2-2] motion by Empowerment 2010 for Preliminary Injunction by Empowerment 2010 (rlam)
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Blank 10 Filed: 1/21/2003, Entered: 1/22/2003 Affidavit
AFFIDAVIT of Gregory L. Byrd in support of [10-1] response reply by Empowerment 2010, Inc. (clerk)
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Blank 10 Filed: 1/21/2003, Entered: 1/22/2003 Affidavit
AFFIDAVIT of C. W. McCoy in support of [10-1] response reply by Empowerment 2010, Inc. (clerk)
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Blank 10 Filed: 1/21/2003, Entered: 1/22/2003 Reply to Response to Motion
REPLY by Empowerment 2010, Inc. to response to [2-2] motion by Empowerment 2010, Inc. for Preliminary Injunction, received. (clerk)
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Blank -- Filed: 1/16/2003, Entered: 1/16/2003 Order
So Ordered: granting [8-1] motion by Housing & Urban Development for John Richard Griffiths to appear pro hac vice, entered and filed 1/16/03 (signed by Judge Raymond A. Jackson) Copies Mailed: 1/16/03 (clerk)
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Blank 9 Filed: 1/15/2003, Entered: 1/16/2003 Memorandum in Opposition
MEMORANDUM by United States Department ofHousing & Urban Development in opposition to [2-2] motion by Empowerment 2010, Inc. for Preliminary Injunction, received. (clerk)
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Blank 8 Filed: 1/14/2003, Entered: 1/15/2003 Motion for Pro Hac Vice
MOTION by Housing & Urban Development for John Richard Griffiths to appear pro hac vice , fee waived. (clerk)
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Blank 7 Filed: 1/14/2003, Entered: 1/14/2003 Financial Disclosure Statement
Financial Interest Disclosure Statement (Local Rule 7.1) by Empowerment 2010, Inc. (clerk)
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Blank -- Filed: 1/9/2003, Entered: 1/9/2003 Summons Issued
SUMMONS (2 separate packages), with 1 copy each, issued for United States Department of Housing & Urban Development and delivered to counsel. Magistrate notice, etc. and financial disclosure for plaintiff. (clerk)
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Blank 6 Filed: 1/8/2003, Entered: 1/9/2003 OrderCourt Filing
AGREED ORDER setting hearing on motion for preliminary injunction on 1/24/03 at 2:30 p.m.; defendant shall file its response to the motion on or before 1/15/03 and plaintiff shall file and serve upon defendant's counsel its rebuttal on or before 1/21/03, agreed, entered 1/7/03 and filed 1/8/03 (signed by Judge Raymond A. Jackson) Copies Mailed: 1/8/03 [EOD Date: 1/9/03] (clerk)
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Blank 5 Filed: 1/6/2003, Entered: 1/6/2003 Minutes-MiscellaneousCourt Filing
Hearing In Chambers: RAJ, USDJ. Sharon Borden, OCR. Matter came on for conference call in chambers. Hearing on TRO, set for January 7, 2003, at 10:00 a.m. - CANCELLED. Defendant to respond to motion on or before January 15, 2003. Plaintiff's reply to be received on or before January 21, 2003. Motion Hearing before Judge Raymond A. Jackson set for 2:30 p.m. on 1/24/03 for [2-2] motion by Empowerment 2010 for Preliminary Injunction (rlam) Modified on 01/06/2003
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Blank -- Filed: 1/6/2003, Entered: 1/6/2003 In Chambers Conference
In-Chambers Conference held (rlam)
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Blank 4 Filed: 1/3/2003, Entered: 1/3/2003 Notice of Hearing.
NOTICE of Hearing, by plaintiff. (ariv)
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Blank -- Filed: 1/3/2003, Entered: 1/3/2003 Motion Hearing
Motion hearing [2-1] motion by Empowerment 2010 for Temporary Restraining Order set at 10:00 1/7/03 before Judge Raymond A. Jackson (ariv)
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Blank -- Filed: 1/3/2003, Entered: 1/3/2003 Case Assigned/Reassigned
CASE reassigned to Judge Raymond A. Jackson (ariv)
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Blank 3 Filed: 1/2/2003, Entered: 1/2/2003 Affidavit
AFFIDAVIT of Regina V.K. Williams Re: [3-1] support memorandum by Empowerment 2010 (ariv)
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Blank 3 Filed: 1/2/2003, Entered: 1/2/2003 Affidavit
AFFIDAVIT of John Ruggiero Re: [3-1] support memorandum by Empowerment 2010 (ariv)
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Blank 3 Filed: 1/2/2003, Entered: 1/2/2003 Affidavit
AFFIDAVIT of Dr. Landis Faulcon Re: [3-1] support memorandum by Empowerment 2010 (ariv)
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Blank 3 Filed: 1/2/2003, Entered: 1/2/2003 Memorandum in Support
MEMORANDUM in support of [2-1] motion for Temporary Restraining Order , [2-2] motion for Preliminary Injunction by Empowerment 2010, received. (ariv)
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Blank 2 Filed: 1/2/2003, Entered: 1/2/2003, Terminated: 1/29/2003 Motion for TRO
MOTION by Empowerment 2010 for Temporary Restraining Order , and by Empowerment 2010 for Preliminary Injunction (ariv)
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Blank 1 Filed: 1/2/2003, Entered: 1/2/2003 Complaint
COMPLAINT Filing Fee $ 150.00 Receipt # 37291 (ariv)
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Blank -- Filed: 1/2/2003, Entered: 1/2/2003 Miscellaneous Document
CASE REFERRED to Magistrate Judge F. B. Stillman (ariv)
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