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2nd Amend. Litigation Updates & Legal Discussion Discuss California 2A related litigation and legal topics here. All advice given is NOT legal counsel.

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  #41  
Old 09-21-2022, 6:53 AM
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Originally Posted by Foothills View Post
Since I posted this comment, I did the Real ID application. With an appointment, and pre-approved documents, I was in and out of the DMV in 8 minutes.

Imagine a PPT/DROS, which uses the same documents, being completed that fast.
Same, the key to DMV is an appointment and have your documents in order.
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  #42  
Old 09-21-2022, 8:11 AM
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Originally Posted by Foothills View Post
Since I posted this comment, I did the Real ID application. With an appointment, and pre-approved documents, I was in and out of the DMV in 8 minutes.

Imagine a PPT/DROS, which uses the same documents, being completed that fast.
did you just take pictures and that was it ?
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  #43  
Old 09-21-2022, 10:24 AM
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Originally Posted by abinsinia View Post
did you just take pictures and that was it ?
You do the whole new ID thing. You fill out a DL form, show your birth certifficate and social security proof, submit two pieces of proof of address, take a picture and possibly take the written test if required.
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  #44  
Old 09-24-2022, 8:35 AM
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And you did all that in 8 minutes?
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  #45  
Old 09-25-2022, 2:30 PM
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Quote:
Originally Posted by Foothills View Post
Since I posted this comment, I did the Real ID application. With an appointment, and pre-approved documents, I was in and out of the DMV in 8 minutes.

Imagine a PPT/DROSFFL sale, which uses the same no documents, being completed that fast.
FIFY

What documents must one use to speak her mind in public or to avoid making self-incriminating statements or to freely practice religion? None obviously because these behaviors are protected by the Bill of Rights.

The SCOTUS just stated plainly in the NYSRPA v. Bruen decision that the Second Amendment should not be a second class directive of the BoR. Therefore, no documents should be required to legally buy/sell/use arms*. Period.

Thus in your hypothetical, “that fast” seems pretty slow. Outside of maybe haggling over price, eight minutes seems kind of long if simply exchanging consideration (money) for a product (gun) that is being legally sold by one party to another. Such a transaction should take mere moments.

Last edited by Silence Dogood; 09-25-2022 at 3:13 PM.. Reason: ETA *”for lawful purposes”
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  #46  
Old 09-25-2022, 8:34 PM
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Originally Posted by Silence Dogood View Post
FIFY

What documents must one use to speak her mind in public or to avoid making self-incriminating statements or to freely practice religion? None obviously because these behaviors are protected by the Bill of Rights.

The SCOTUS just stated plainly in the NYSRPA v. Bruen decision that the Second Amendment should not be a second class directive of the BoR. Therefore, no documents should be required to legally buy/sell/use arms*. Period.

Thus in your hypothetical, “that fast” seems pretty slow. Outside of maybe haggling over price, eight minutes seems kind of long if simply exchanging consideration (money) for a product (gun) that is being legally sold by one party to another. Such a transaction should take mere moments.
\\

That's how I feel now. I no longer agree with any gun laws. Criminals that want them already have them so why are we creating more infringements that only punish good people? Also no politician should be given armed protection since 99% of them are anti gun. They need to start living by their own supposed beliefs.
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  #47  
Old 09-30-2022, 6:06 PM
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Motion to dismiss was partial granted partly denied,

https://storage.courtlistener.com/re...91018.81.0.pdf

most of it was dismissed, but she gave leave to amend on most it also.

Last edited by abinsinia; 09-30-2022 at 6:13 PM..
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  #48  
Old 10-02-2022, 1:38 PM
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Originally Posted by abinsinia View Post
did you just take pictures and that was it ?
Yes, you can take pictures with your phone and upload them to the DMV web site for Real ID. Then that team pre-approves the documents. When you come into the office, the clerk doesn't second-guess the pre approval, they just verify that the documents are the same.

Take your picture and you're on your way.
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  #49  
Old 10-02-2022, 1:43 PM
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Originally Posted by Silence Dogood View Post
FIFY
Outside of maybe haggling over price, eight minutes seems kind of long if simply exchanging consideration (money) for a product (gun) that is being legally sold by one party to another. Such a transaction should take mere moments.
Yes, I'm sure that black-market sales between gang members are very efficient as you describe.

I've decided that I don't mind that a person I sell something to passed a basic background check.

The point is that the Real ID uses the SAME documents as a PPT Dros, and it completed much more efficiently. Merely comparing the efficiency of two processes.
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  #50  
Old 10-20-2022, 10:24 AM
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Did anyone else see this, San Jose City council approved fines up to $1000 for non compliance with their gun insurance and gun owner fees. https://www.kron4.com/news/gun-owner...ese-big-fines/

Slightly off topic, but on a more positive note, anyone remember when Kevin De Leon was in the Senate pushing all kinds of anti gun hate? Nice to see he is showing his true colors and the chickens are coming home to roost! https://youtu.be/jtgp2LSULg4
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  #51  
Old 10-20-2022, 12:54 PM
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It was also in yesterdays SJ Mercury News - I didn't get a chance to read yet
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  #52  
Old 10-20-2022, 4:35 PM
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Does anyone know what's happening with the court case? It it getting appealed?
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  #53  
Old 10-21-2022, 8:30 AM
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Does anyone know what's happening with the court case? It it getting appealed?
I posted an update in #47 .. The case is still happening, but parts of it got dismissed.
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  #54  
Old 10-22-2022, 2:28 PM
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Originally Posted by Foothills View Post
Yes, I'm sure that black-market sales between gang members are very efficient as you describe.

I've decided that I don't mind that a person I sell something to passed a basic background check.

The point is that the Real ID uses the SAME documents as a PPT Dros, and it completed much more efficiently. Merely comparing the efficiency of two processes.
The point is that the position you are taking is a factor of and of benefit solely to the anti-gun agenda.

I do not advocate criminality or black market dealings. I do advocate for the free and unrestricted commerce of arms in this country because I recognize that it was in no way illegal (racist gun laws like the slave-codes and black-codes notwithstanding) until the gun control movement of the past <90 years.

Wake up. Like you, I once allowed myself to be brainwashed into agreeing with “basic background checks” by the anti-gun environment that we are saturated by here in CA

Buying a hammer at the hardware store requires no paperwork and is not constitutionally protected, though hammers kill Americans every year. It is not black market. It is free market.
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  #55  
Old 10-26-2022, 9:18 PM
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Originally Posted by Silence Dogood View Post
Buying a hammer at the hardware store requires no paperwork and is not constitutionally protected, though hammers kill Americans every year. It is not black market. It is free market.
Yes, I know someone who was murdered with a hammer.

I also know domestic violence victims and victims of muggings.

This is not an abstract theory for me.

If I'm selling a firearm, I'm going to feel much better if the purchaser passes a background check.
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  #56  
Old 10-28-2022, 7:18 PM
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Quote:
Originally Posted by Foothills View Post
Yes, I know someone who was murdered with a hammer.

I also know domestic violence victims and victims of muggings.

This is not an abstract theory for me.

If I'm selling a firearm, I'm going to feel much better if the purchaser passes a background check.
Right, because a person passing a background check isn’t planning a crime ahead of time, passes a background check because they haven’t been caught for 5 previous murders compared to the guy who got busted with weed at 17, has a 10 year ban slapped on him from owning firearms but recently got married, bought a house, no longer uses weed and makes seven figures working for an investment firm.

Background checks don’t prevent crime They just make YOU feel good
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  #57  
Old 11-03-2022, 9:22 AM
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Originally Posted by Foothills View Post
If I'm selling a firearm, I'm going to feel much better if the purchaser passes a background check.
Your feelings don't prevent anything.
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  #58  
Old 11-03-2022, 6:45 PM
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Quote:
Originally Posted by Foothills View Post
If I'm selling a firearm, I'm going to feel much better if the purchaser passes a background check.
You're free to put it on consignment at an FFL. Doesn't that lead to a mandatory background check?
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  #59  
Old 11-06-2022, 3:34 PM
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Originally Posted by Foothills View Post
Yes, I know someone who was murdered with a hammer.

......

If I'm selling a firearm, I'm going to feel much better if the purchaser passes a background check.
So from this we should deduce that you are in favor of background checks to buy hammers???
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  #60  
Old 11-06-2022, 7:48 PM
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Originally Posted by Redeyedrider View Post
So from this we should deduce that you are in favor of background checks to buy hammers???
If something makes him feel better, clearly it is a required law.
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  #61  
Old 01-06-2023, 4:29 PM
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STATUS REPORT ON IMPLEMENTATION OF THE GUN HARM REDUCTION ORDINANCE by City Of San Jose, City of San Jose City Council, Jennifer Maguire. (Prevost, Tamarah) (Filed on 1/6/2023) (Entered: 01/06/2023)
https://storage.courtlistener.com/re...91018.85.0.pdf
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  #62  
Old 01-06-2023, 4:34 PM
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Here's the bigdingo.com entry they filed.

https://www.biddingo.com/*.main?_bid...w1ak0r4A%3D%3D

Quote:
... experience with gun violence prevention, suicide prevention, gun safety, or the firearm industry; or lived experience that includes gun violence.

Some services you may get,

Quote:
Addiction intervention and substance abuse treatment;

Last edited by abinsinia; 01-06-2023 at 4:38 PM..
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  #63  
Old 01-10-2023, 2:32 PM
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MOTION to Remand filed by George Arrington, James Barry, Howard Jarvis Taxpayers Association, Silicon Valley Public Accountability Foundation, Silicon Valley Taxpayers Association, Inc.. Motion Hearing set for 4/6/2023 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 1/24/2023. Replies due by 1/31/2023. (Attachments: # 1 Declaration Declaration of Timothy Bittle in Support of Plaintiffs' Motion to Remand, # 2 Proposed Order [Proposed] Order Granting Motion and Remanding Case to State Court)(Bittle, Timothy) (Filed on 1/10/2023) (Entered: 01/10/2023)
https://storage.courtlistener.com/re...91018.86.0.pdf

HOWARD JARVIS TAXPAYERS ASSN., et al. requesting this to go to state court.
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  #64  
Old 01-28-2023, 11:05 AM
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First ADMINISTRATIVE MOTION Extension of Time to File Amended Complaint Supporting Declaration, and [Proposed] Order to Extend Time for Filing Amended Complaint filed by George Arrington, James Barry, Howard Jarvis Taxpayers Association, Silicon Valley Public Accountability Foundation, Silicon Valley Taxpayers Association, Inc.. Responses due by 1/31/2023. (Bittle, Timothy) (Filed on 1/27/2023) (Entered: 01/27/2023)
https://www.courtlistener.com/docket...y-of-san-jose/
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  #65  
Old 02-01-2023, 8:24 AM
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OPPOSITION/RESPONSE (re 90 ADMINISTRATIVE MOTION AND [PROPOSED] ORDER TO EXTEND TIME FOR FILING AMENDED COMPLAINT ) filed byCity Of San Jose, City of San Jose City Council, Jennifer Maguire. (Attachments: # 1 Declaration of Tamarah P. Prevost In Support Of Defts Opp)(Prevost, Tamarah) (Filed on 1/31/2023) (Entered: 01/31/2023)
I guess the city doesn't want the extension of time.
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  #66  
Old 02-01-2023, 8:31 AM
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OPPOSITION/RESPONSE (re 90 ADMINISTRATIVE MOTION AND [PROPOSED] ORDER TO EXTEND TIME FOR FILING AMENDED COMPLAINT ) filed byCity Of San Jose, City of San Jose City Council, Jennifer Maguire. (Attachments: # 1 Declaration of Tamarah P. Prevost In Support Of Defts Opp)(Prevost, Tamarah) (Filed on 1/31/2023) (Entered: 01/31/2023)
I guess the city doesn't want the extension of time.
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  #67  
Old 02-01-2023, 12:49 PM
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ORDER DENYING 90 ADMINISTRATIVE MOTION TO EXTEND TIME FOR FILING AMENDED COMPLAINT. Signed by Judge Beth Labson Freeman on 2/1/2023. (blflc2, COURT STAFF) (Filed on 2/1/2023) (Entered: 02/01/2023)
We know where the judge's head is at.
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  #68  
Old 02-02-2023, 8:38 AM
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It is disheartening to see partisanship in the courts, especially when one has to explain it to children.
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  #69  
Old 02-02-2023, 11:13 AM
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ORDER DENYING 86 MOTION TO REMAND WITHOUT PREJUDICE. Signed by Judge Beth Labson Freeman on 2/2/2023. (blflc2, COURT STAFF) (Filed on 2/2/2023) (Entered: 02/02/2023)
https://storage.courtlistener.com/re...91018.93.0.pdf


This appears to be an attempt to move it to state court, which the judge denied.

Last edited by abinsinia; 02-02-2023 at 11:21 AM..
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  #70  
Old 02-02-2023, 5:33 PM
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AMENDED COMPLAINT CONSOLIDATED SECOND AMENDED COMPLAINT FOR INJUNCTIVE RELIEF, DECLARATORY JUDGMENT, INVALIDATION OF §§ 10.32.215 AND 10.32.230(B) OF CHAPTER 10.32 OF TITLE 10 OF THE SAN JOSE MUNICIPAL CODE, AND NOMINAL DAMAGES against City Of San Jose, City of San Jose City Council, Jennifer Maguire. Filed byHoward Jarvis Taxpayers Association, Silicon Valley Public Accountability Foundation, Silicon Valley Taxpayers Association, Inc., Mark Sikes, James Barry, National Association for Gun Rights, Inc., George Arrington. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H, # 9 Exhibit Exhibit I)(Warrington, David) (Filed on 2/2/2023) (Entered: 02/02/2023)
https://storage.courtlistener.com/re...91018.94.0.pdf
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  #71  
Old 02-02-2023, 5:40 PM
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HARMEET K. DHILLON big guns, must be hired from the tax association.
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  #72  
Old 02-28-2023, 1:09 PM
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MOTION to Dismiss Plaintiffs' Consolidated Second Amended Complaint Under Rules 12(b) and 12(b)(6) filed by City Of San Jose, City of San Jose City Council, Jennifer Maguire. Motion Hearing set for 6/15/2023 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 3/2/2023. Replies due by 3/9/2023. (Attachments: # 1 Declaration of Tamarah P. Prevost in Support of Defendants' Motion to Dismiss Plaintiffs' Consolidated Second Amended Complaint, # 2 Proposed Order Granting Defendants' Motion to Dismiss Plaintiffs' Consolidated Second Amended Complaint Under Rules 12(b) and 12(b)(6))(Prevost, Tamarah) (Filed on 2/16/2023) (Entered: 02/16/2023)
The proposed order granting defendants’ motion:
https://storage.courtlistener.com/re...91018.96.0.pdf
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  #73  
Old 02-28-2023, 2:43 PM
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This blows
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  #74  
Old 02-28-2023, 3:46 PM
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That is just a proposed order from the city, not the actual order.
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  #75  
Old 03-02-2023, 12:59 PM
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And Monday, the plaintiffs asked for more time to respond.
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  #76  
Old 03-02-2023, 7:42 PM
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I think it's possible the judge grants the motion to dismiss, she's corrupt and it's clear from the PI that she's not going to decide based on Bruen.
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  #77  
Old 03-03-2023, 8:17 AM
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Originally Posted by abinsinia View Post
I think it's possible the judge grants the motion to dismiss, she's corrupt and it's clear from the PI that she's not going to decide based on Bruen.
Beth Freeman (who doesn't deserve the title "Judge") clearly thinks NSRPA v Bruen isn't binding, because her personal bias takes precedent over law.

Given this, it is likely she will copy/paste the order as is, unmodified.

Beth thinks that is her job.
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  #78  
Old 03-03-2023, 12:48 PM
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Quote:
Originally Posted by Foothills View Post
Since I posted this comment, I did the Real ID application. With an appointment, and pre-approved documents, I was in and out of the DMV in 8 minutes.

Imagine a PPT/DROS, which uses the same documents, being completed that fast.
Yeah, that was blind luck! I did the same thing and had a much different result. I walked into the DMV with not one but two VALID (non-REAL) drivers licenses to get my REAL ID. Had all my stuff in order for an address I've been at for 25 years. The lady takes my stuff, validates it and tell me to go over and get in line for a photo and a test. A TEST? (WTF?). I had a valid license through 2026. Nobody could figure it out. A hour later I had a new drivers license.

Just yesterday I go it to get a smog waiver (since my son has the car away at school) and none of them had seen a smog waiver form before. How dumb can they be? And of course none of them are allowed to give you stickers anymore, that has to come from "inventory" which is an altogether different window. Another 90min.
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  #79  
Old 03-07-2023, 11:14 PM
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STIPULATION WITH PROPOSED ORDER to extend time to respond to motion to dismiss, to vacate dates and to set a case management conference filed by National Association for Gun Rights, Inc., Mark Sikes, City of San Jose, Howard Jarvis Taxpayers Association. (Attachments: # 1 Proposed Order)(Graham, Jeremiah) (Filed on 2/28/2023) Modified on 3/1/2023 (cjl, COURT STAFF). (Entered: 02/28/2023)
https://storage.courtlistener.com/re...1018.100.0.pdf

Last edited by Silence Dogood; 03-07-2023 at 11:32 PM.. Reason: Text of STIPULATION was not immediately available
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  #80  
Old 03-07-2023, 11:28 PM
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ORDER GRANTING 100 STIPULATION RE MOTION TO DISMISS BRIEFING AND CASE MANAGEMENT SCHEDULING ORDER AS MODIFIED BY THE COURT. Signed by Judge Beth Labson Freeman on 3/1/2023. (blflc2, COURT STAFF) (Filed on 3/1/2023) (Entered: 03/01/2023)
https://storage.courtlistener.com/re...1018.101.0.pdf
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