Baldwin et al v. Sebelius et al

Federal Civil Lawsuit California Southern District Court, Case No. 3:10-cv-01033
District Judge Dana M. Sabraw, presiding
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District Judge Dana M. Sabraw
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Parties
No Logo Pacific Justice Institute, Plaintiff

Represented by Hagens Berman Sobol Shapiro LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Peter Dominick Lepiscopo +1 619 299 5343 +1 619 299 4767 plepiscopo@att.net
No Logo Steve Baldwin, Plaintiff

Represented by Hagens Berman Sobol Shapiro LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Peter Dominick Lepiscopo +1 619 299 5343 +1 619 299 4767 plepiscopo@att.net
v.
No Logo Hilda L. Solis, Defendant

Represented by Jenner & Block, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE Ian Heath Gershengorn +1 202 639 6000 igershengorn@jenner.com

Represented by United States Department of Justice

No Logo Kathleen Sebelius, Defendant

Represented by Jenner & Block, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE Ian Heath Gershengorn +1 202 639 6000 igershengorn@jenner.com

Represented by United States Department of Justice

No Logo Timothy F. Geithner, Defendant

Represented by Jenner & Block, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE Ian Heath Gershengorn +1 202 639 6000 igershengorn@jenner.com

Represented by United States Department of Justice

United States Department of Health and Human Services United States Department of Health and Human Services, Defendant

Represented by Jenner & Block, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE Ian Heath Gershengorn +1 202 639 6000 igershengorn@jenner.com

Represented by United States Department of Justice

United States Department of Labor United States Department of Labor, Defendant

Represented by Jenner & Block, LLP

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Ian Heath Gershengorn +1 202 639 6000 igershengorn@jenner.com

Represented by United States Department of Justice

United States Department of the Treasury United States Department of the Treasury, Defendant

Represented by Jenner & Block, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE Ian Heath Gershengorn +1 202 639 6000 igershengorn@jenner.com

Represented by United States Department of Justice

Attributes
Citation Unknown
Nature of Suit 440 - Civil Rights: Other
Timeline
  Entries (44) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 44 Filed: 9/10/2010, Entered: 9/10/2010 Transcript Designation and Ordering Form
TRANSCRIPT REQUEST by Steve Baldwin, Pacific Justice Institute: No Transcripts Designated re 39 Notice of Appeal. (akr) (Entered: 09/10/2010)
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Blank 43 Filed: 9/7/2010, Entered: 9/7/2010 Order on Motion for Miscellaneous ReliefCourt Filing
ORDER denying 38 Plaintiffs' Ex Parte Application to Publish. Signed by Judge Dana M. Sabraw on 9/7/10. (All non-registered users served via U.S. Mail Service)(lao) (jrl). (Entered: 09/07/2010)
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Legal Document (Payment Possibly Required) 42 Filed: 9/1/2010, Entered: 9/1/2010 Appeal Time Schedule
USCA Time Schedule Order for 39 Notice of Appeal, filed by Steve Baldwin, Pacific Justice Institute. (akr) (Entered: 09/01/2010)
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Legal Document (Payment Possibly Required) 41 Filed: 9/1/2010, Entered: 9/1/2010 USCA Case Number
USCA Case Number 10-56374 for 39 Notice of Appeal, filed by Steve Baldwin, Pacific Justice Institute. (akr) (Entered: 09/01/2010)
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Legal Document (Payment Possibly Required) 40 Filed: 9/1/2010, Entered: 9/1/2010 Non-Opposition to Motion
NON Opposition re 38 Ex Parte MOTION for an order to publish 8/27/10 order granting defendants' motion to dismiss and denying plaintiffs' motion for preliminary injunction 37 filed by Timothy F. Geithner, Kathleen Sebelius, Hilda L. Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (McElvain, Joel) Modified on 9/2/2010 to add link (lao). (Entered: 09/01/2010)
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Legal Document (Payment Possibly Required) 39 Filed: 8/30/2010, Entered: 9/1/2010 Notice of Appeal
NOTICE OF APPEAL as to 37 Order granting Defendants' Motion to Dismiss and denying Plaintiffs' Motion for Preliminary Injunction, by Steve Baldwin, Pacific Justice Institute. (Filing Fee: Paid, Receipt No. CAS017426). (Notice of Appeal electronically transmitted to US Court of Appeals). (akr) (Entered: 09/01/2010)
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Legal Document (Payment Possibly Required) 38 Filed: 8/28/2010, Entered: 8/28/2010 Motion for Miscellaneous Relief
Ex Parte MOTION Application for an order to publish 8/27/10 order granting defendants' motion to dismiss and denying plaintiffs' motion for preliminary injunction 37 by Steve Baldwin, Pacific Justice Institute. (Lepiscopo, Peter) (lao). (Entered: 08/28/2010)
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Blank 37 Filed: 8/27/2010, Entered: 8/27/2010 Order on Motion for Preliminary InjunctionCourt Filing
ORDER (1) granting 22 Defendants' Motion to Dismiss and (2) denying 6 Plaintiffs' Motion for Preliminary Injunction: Because Plaintiffs' claims fail on standing grounds, the Court declines to reach other issues raised in the briefs. Plaintiffs may file an amended complaint on or before 9/10/10. Signed by Judge Dana M. Sabraw on 8/27/10. (All non-registered users served via U.S. Mail Service)(lmt) (jcj). (Entered: 08/27/2010)
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Legal Document (Payment Possibly Required) 36 Filed: 8/4/2010, Entered: 8/4/2010 Response - Other
RESPONSE re 34 Reply to Response to Motion, 35 Response in Opposition to Motion, filed by Timothy F. Geithner, Kathleen Sebelius, Hilda L. Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (McElvain, Joel) supplemental documents require leave of Court (lao). (Entered: 08/04/2010)
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Legal Document (Payment Possibly Required) 35 Filed: 8/2/2010, Entered: 8/2/2010 Response in Opposition to Motion
SUPPLEMENTAL BRIEF: (1) OPPOSITION to 22 Motion to Dismiss; and (2) Reply in support of Motion for Preliminary Injunction filed as RESPONSE in Opposition filed by Steve Baldwin, Pacific Justice Institute. (Attachments: # 1 Exhibit Memorandum Opinion in Virginia v. Sebelius)(Lepiscopo, Peter) Modified text on 8/3/2010 to reflect document type; supplemental documents require leave of Court (lao). (Entered: 08/02/2010)
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Legal Document (Payment Possibly Required) 34 Filed: 8/2/2010, Entered: 8/2/2010 Reply to Response to Motion
SUPPLEMENTAL BRIEF: (1) Opposition to Motion to Dismiss; and (2) REPLY in support of 6 Motion for Preliminary Injunction filed as REPLY to Response to Motion filed by Steve Baldwin, Pacific Justice Institute. (Attachments: # 1 Exhibit Memorandum Opinion in Virginia v. Sebelius)(Lepiscopo, Peter) Modified on 8/3/2010 to reflect document type; supplemental documents require leave of Court (lao). (Entered: 08/02/2010)
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Legal Document (Payment Possibly Required) 33 Filed: 7/26/2010, Entered: 7/27/2010 Mail Returned
Mail Returned as Undeliverable re 32 Order. Mail sent to: Ethan P. Davis, U.S. Department of Justice, Civil Division, Federal Programs Branch, 20 Massachusetts Avenue, NW, Room 6109, Washington, DC 20001. (lao) (Entered: 07/27/2010)
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Legal Document (Payment Possibly Required) 32 Filed: 7/13/2010, Entered: 7/13/2010 Order on Motion for Miscellaneous ReliefCourt Filing
ORDER granting 31 Stipulation to Submit Motions for Preliminary Injunction and to Dismiss for decision without Oral Argument. It is hereby Ordered that: the parties' respective motions for preliminary injunction 6 and to dismiss 22 are submitted for decision without oral argument. The hearing scheduled for July 16, 2010 is vacated. Signed by Judge Dana M. Sabraw on 7/13/10. (All non-registered users served via U.S. Mail Service)(lao) (jrl). (Entered: 07/13/2010)
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Legal Document (Payment Possibly Required) 31 Filed: 7/12/2010, Entered: 7/12/2010 Motion for Miscellaneous Relief
Ex Parte MOTION To Submit Motions For Preliminary Injunction and to Dismiss for Decision Without Oral Argument by Steve Baldwin, Pacific Justice Institute. (Lepiscopo, Peter) Modified on 7/13/2010 to clarify text (lao). (Entered: 07/12/2010)
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Legal Document (Payment Possibly Required) 30 Filed: 7/12/2010, Entered: 7/12/2010 Certificate Of Service.
CERTIFICATE OF SERVICE by Timothy F. Geithner, Kathleen Sebelius, Hilda L. Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury re 29 Reply to Response to Motion (McElvain, Joel) (lao). (Entered: 07/12/2010)
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Legal Document (Payment Possibly Required) 29 Filed: 7/9/2010, Entered: 7/9/2010 Reply to Response to Motion
REPLY to Response to Motion re 22 MOTION to Dismiss filed by Timothy F. Geithner, Kathleen Sebelius, Hilda L. Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (McElvain, Joel) emailed attny re no proof of service attached (lao). (Entered: 07/09/2010)
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Legal Document (Payment Possibly Required) 28 Filed: 7/8/2010, Entered: 7/8/2010 Pro Hac Vice Appointed
PRO HAC VICE APPOINTED: Ian Heath Gershengorn appearing for Defendants Timothy F. Geithner, Kathleen Sebelius, Hilda L. Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (All non-registered users served via U.S. Mail Service)(leh) (Entered: 07/08/2010)
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Legal Document (Payment Possibly Required) 27 Filed: 7/2/2010, Entered: 7/2/2010 Reply to Response to Motion
REPLY to Response to Motion re 6 MOTION for Preliminary Injunction and OPPOSITION to MOTION to Dismiss filed by Steve Baldwin, Pacific Justice Institute. (Lepiscopo, Peter) (lao). (Entered: 07/02/2010)
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Legal Document (Payment Possibly Required) 26 Filed: 7/2/2010, Entered: 7/2/2010 Response in Opposition to Motion
RESPONSE in Opposition re 22 MOTION to Dismiss and REPLY in Support of MOTION for Preliminary Injunction filed by Steve Baldwin, Pacific Justice Institute. (Lepiscopo, Peter) (lao). (Entered: 07/02/2010)
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Legal Document (Payment Possibly Required) 25 Filed: 6/28/2010, Entered: 6/28/2010 Order on Motion for Leave to File Excess PagesCourt Filing
ORDER granting 23 Defendants' Motion for Leave to File Excess Pages. Signed by Judge Dana M. Sabraw on 6/28/10. (All non-registered users served via U.S. Mail Service)(lao) (jrl). (Entered: 06/28/2010)
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Legal Document (Payment Possibly Required) 24 Filed: 6/25/2010, Entered: 6/25/2010 Response in Opposition to Motion
RESPONSE in Opposition re 6 MOTION for Preliminary Injunction filed by Timothy F. Geithner, Kathleen Sebelius, Hilda L. Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (McElvain, Joel) document exceeds page limit (lao). (Entered: 06/25/2010)
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Legal Document (Payment Possibly Required) 23 Filed: 6/25/2010, Entered: 6/25/2010 Motion for Leave to File Excess Pages
Ex Parte MOTION for Leave to File Excess Pages by Timothy F. Geithner, Kathleen Sebelius, Hilda L. Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (McElvain, Joel) (lao). (Entered: 06/25/2010)
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Legal Document (Payment Possibly Required) 22 Filed: 6/25/2010, Entered: 6/25/2010 Motion to Dismiss
MOTION to Dismiss by Timothy F. Geithner, Kathleen Sebelius, Hilda L. Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Attachments: # 1 Memo of Points and Authorities)(McElvain, Joel) document exceeds page limit (lao). (Entered: 06/25/2010)
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Legal Document (Payment Possibly Required) 21 Filed: 6/22/2010, Entered: 6/22/2010 Pro Hac Vice Appointed
PRO HAC VICE APPOINTED: Ethan P. Davis appearing for Defendants Timothy F. Geithner, Kathleen Sebelius, Hilda L. Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (All non-registered users served via U.S. Mail Service)(leh) (Entered: 06/22/2010)
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Legal Document (Payment Possibly Required) 20 Filed: 6/17/2010, Entered: 6/17/2010 Order on Motion for Extension of Time to FileCourt Filing
ORDER on 19 Defendants' Ex Parte Application for Order establishing briefing schedule. The defendants shall file their motion to dismiss, and a combined brief in support of that motion and in opposition to the plaintiffs' motion for a preliminary injunction, on or before June 25, 2009. The plaintiffs shall file a combined brief in opposition to the motion to dismiss and in reply in support of their motion for a preliminary injunction on or before July 2, 2009. The defendants shall file their brief in reply in support of their motion to dismiss on or before July 9, 2009. Signed by Judge Dana M. Sabraw on 6/16/10. (lao) (jrl). (Entered: 06/17/2010)
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Legal Document (Payment Possibly Required) 19 Filed: 6/16/2010, Entered: 6/16/2010 Motion for Extension of Time
Ex Parte MOTION for Extension of Time to File Unopposed Application for Order Establishing Briefing Schedule by Timothy F. Geithner, Kathleen Sebelius, Hilda L. Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (McElvain, Joel) (lao). (Entered: 06/16/2010)
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Legal Document (Payment Possibly Required) 18 Filed: 6/10/2010, Entered: 6/10/2010 Order on Motion for TROCourt Filing
ORDER denying 3 Plaintiffs' Application for Temporary Restraining Order. Signed by Judge Dana M. Sabraw on 6/10/10. (lao)(jrl). (Entered: 06/10/2010)
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Legal Document (Payment Possibly Required) 17 Filed: 6/4/2010, Entered: 6/4/2010 Response in Opposition to Motion
RESPONSE in Opposition re 3 Emergency MOTION for Temporary Restraining Order filed by Timothy F. Geithner, Kathleen Sebelius, Hilda L. Solis, United States Department of Health and Human Services, United States Department of Labor. (McElvain, Joel) no hearing date and time (lao). (Entered: 06/04/2010)
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Legal Document (Payment Possibly Required) 16 Filed: 6/3/2010, Entered: 6/3/2010 Pro Hac Vice Appointed
PRO HAC VICE APPOINTED: Joel McElvain appearing for Defendants Timothy F. Geithner, Kathleen Sebelius, Hilda L. Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury (All non-registered users served via U.S. Mail Service)(mkz) (Entered: 06/03/2010)
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Legal Document (Payment Possibly Required) 15 Filed: 6/3/2010, Entered: 6/3/2010 Pro Hac Vice Appointed
PRO HAC VICE APPOINTED: Justin M. Sandberg appearing for Defendants Timothy F. Geithner, Kathleen Sebelius, Hilda L. Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (All non-registered users served via U.S. Mail Service)(mkz) (Entered: 06/03/2010)
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Legal Document (Payment Possibly Required) 14 Filed: 5/28/2010, Entered: 5/28/2010 Order on Motion for Leave to File Excess PagesCourt Filing
ORDER granting 7 Plaintiffs' Motion for Leave to File Excess Pages. Signed by Judge Dana M. Sabraw on 5/28/10. (lao) (jrl). (Entered: 05/28/2010)
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Legal Document (Payment Possibly Required) 13 Filed: 5/24/2010, Entered: 5/24/2010 Summons Returned Executed as to USA
SUMMONS Returned Executed by Pacific Justice Institute, Steve Baldwin. United States Department of the Treasury served on 5/17/2010, answer due 7/16/2010. (Lepiscopo, Peter) (lao). (Entered: 05/24/2010)
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Legal Document (Payment Possibly Required) 12 Filed: 5/24/2010, Entered: 5/24/2010 Summons Returned Executed as to USA
SUMMONS Returned Executed by Pacific Justice Institute, Steve Baldwin. Timothy F. Geithner served on 5/17/2010, answer due 7/16/2010. (Lepiscopo, Peter) (lao). (Entered: 05/24/2010)
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Legal Document (Payment Possibly Required) 11 Filed: 5/24/2010, Entered: 5/24/2010 Summons Returned Executed as to USA
SUMMONS Returned Executed by Pacific Justice Institute, Steve Baldwin. United States Department of Labor served on 5/17/2010, answer due 7/16/2010. (Lepiscopo, Peter) (lao). (Entered: 05/24/2010)
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Legal Document (Payment Possibly Required) 10 Filed: 5/24/2010, Entered: 5/24/2010 Summons Returned Executed as to USA
SUMMONS Returned Executed by Pacific Justice Institute, Steve Baldwin. Hilda L. Solis served on 5/17/2010, answer due 7/16/2010. (Lepiscopo, Peter) (lao). (Entered: 05/24/2010)
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Legal Document (Payment Possibly Required) 9 Filed: 5/24/2010, Entered: 5/24/2010 Summons Returned Executed as to USA
SUMMONS Returned Executed by Pacific Justice Institute, Steve Baldwin. Kathleen Sebelius served on 5/17/2010, answer due 7/16/2010. (Lepiscopo, Peter) (lao). (Entered: 05/24/2010)
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Legal Document (Payment Possibly Required) 8 Filed: 5/24/2010, Entered: 5/24/2010 Summons Returned Executed as to USA
SUMMONS Returned Executed by Pacific Justice Institute, Steve Baldwin. United States Department of Health and Human Services served on 5/17/2010, answer due 7/16/2010. (Lepiscopo, Peter) (lao). (Entered: 05/24/2010)
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Legal Document (Payment Possibly Required) 7 Filed: 5/19/2010, Entered: 5/19/2010 Motion for Leave to File Excess Pages
MOTION for Leave to File Excess Pages re: Memorandum of Points and Authorities in Support of Motion for Preliminary Injunction by Steve Baldwin, Pacific Justice Institute. (Attachments: # 1 Proof of Service Re: Motion for Leave to File Excess Pages Re: Memorandum of Points and Authorities in Support of Motion for Preliminary Injunction)(Lepiscopo, Peter) missing s/signature; no separately captioned memorandum of points and authorities (lao). (Entered: 05/19/2010)
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Legal Document (Payment Possibly Required) 6 Filed: 5/19/2010, Entered: 5/19/2010 Motion for Preliminary Injunction
MOTION for Preliminary Injunction by Steve Baldwin, Pacific Justice Institute. (Attachments: # 1 Memo of Points and Authorities In Support of Motion for Preliminary Injunction, # 2 Declaration of Brad Dacus In Support of Motion for Preliminary Injunction, # 3 Declaration of Steve Baldwin In Support of Motion for Preliminary Injunction, # 4 Proof of Service)(Lepiscopo, Peter) document exceeds page limit; emailed attny re s/signature (lao). (Entered: 05/19/2010)
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Legal Document (Payment Possibly Required) 5 Filed: 5/18/2010, Entered: 5/18/2010 Order on Motion for Leave to File Excess PagesCourt Filing
ORDER granting 4 Plaintiffs' Motion for Leave to File Excess Pages. Signed by Judge Dana M. Sabraw on 5/18/10. (lao) (jrl). (Entered: 05/18/2010)
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Legal Document (Payment Possibly Required) 4 Filed: 5/17/2010, Entered: 5/17/2010 Motion for Leave to File Excess Pages
MOTION for Leave to File Excess Pages Re: Application for Temporary Restraining Order by Steve Baldwin, Pacific Justice Institute. (Attachments: # 1 Proof of Service Certificate of Service of Motion to File Brief In Excess of Page Limit Re: Steve Baldwin and Pacific Justice Institute's Application for Temporary Restraining Order)(Lepiscopo, Peter) missing s/signature (lao). (Entered: 05/17/2010)
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Legal Document (Payment Possibly Required) 3 Filed: 5/17/2010, Entered: 5/17/2010 Motion for TRO
Emergency MOTION for Temporary Restraining Order by Steve Baldwin, Pacific Justice Institute. (Attachments: # 1 Declaration of Steve Baldwin in Support of Application for Temporary Restraining Order, # 2 Declaration of Brad Dacus in Support of Application for Temporary Restraining Order, # 3 Declaration of Peter D. Lepiscopo, Esq. in Support of Application for Temporary Restraining Order, # 4 Certificate of Service Re: Application for Temporary Restraining Order)(Lepiscopo, Peter) Modified on 5/18/2010 to delete duplicate text; no hearing date and time; no separately captioned memorandum of points and authorities; document exceeds page limit; missing s/signature (lao). (Entered: 05/17/2010)
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Legal Document (Payment Possibly Required) 2 Filed: 5/14/2010, Entered: 5/14/2010 Summons Issued
Summons Issued as to Timothy F. Geithner, Kathleen Sebelius, Hilda L. Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (lao) (Entered: 05/14/2010)
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Blank 1 Filed: 5/14/2010, Entered: 5/14/2010 Complaint
COMPLAINT against Timothy F. Geithner, Kathleen Sebelius, Hilda L. Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury, and DOES ( Filing fee $ 350 receipt number 13524.), filed by Pacific Justice Institute and Steve Baldwin.(jer) (Main Document 1 replaced on 5/14/2010) (ecs). (Entered: 05/14/2010)
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