Case: Caddell v. Campbell

COMPLAINT against Joyce A Campbell, City of Fairfield, Ohio ( Filing fee $ 400 paid - receipt number: 0648-6777434), filed by Anselm Caddell. (Attachments: # 1 Civil Cover Sheet) (Laufman, Paul) (Entered: 02/01/2019)

If this case is referred, it will be to Magistrate Judge Stephanie K. Bowman. (jlw)

NOTICE of Appearance by Anthony P. McNamara for Defendant Joyce A Campbell (McNamara, Anthony) (Entered: 02/05/2019)

NOTICE of Appearance by Lisa Marie Zaring for Defendant Joyce A Campbell (Zaring, Lisa) (Entered: 02/05/2019)

ORDER REFERRING CASE to Magistrate Judge Stephanie K. Bowman: This case is hereby ORDERED referred to Magistrate Judge Stephanie K. Bowman, who is authorized to rule on all motions except summary judgment motions; however, in no event will the Magistrate Judge grant any deadline extension that will impact final pretrial or trial settings. Any summary judgment motions will be decided by Judge Susan J. Dlott without the benefit of a Magistrate Judge's report and recommendation. Signed by Judge Susan J. Dlott on 2/6/2019. (jlw) (Entered: 02/06/2019)

NOTICE of Appearance by Casey C. Stansbury for Defendant City of Fairfield, Ohio (Stansbury, Casey) (Entered: 02/12/2019)

AMENDED COMPLAINT against Joyce A Campbell, City of Fairfield, Ohio, Richard Jones, filed by Anselm Caddell. (Laufman, Paul) (Entered: 02/18/2019)

NOTICE of Appearance by John Stephen Teetor for Defendant Richard Jones (Teetor, John) (Entered: 02/28/2019)

NOTICE of Appearance by Aaron Michael Glasgow for Defendant Richard Jones (Glasgow, Aaron) (Entered: 02/28/2019)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant City of Fairfield, Ohio. (Attachments: # 1 Memorandum in Support of Motion, # 2 Text of Proposed Order) (Stansbury, Casey) (Entered: 04/05/2019)

ANSWER to 6 Amended Complaint filed by Richard Jones. (Attachments: # 1 Exhibit Exhibit A) (Glasgow, Aaron) (Entered: 04/19/2019)

NOTICE of Change of Address by Lisa Marie Zaring (Zaring, Lisa) (Entered: 04/19/2019)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Plaintiff's Amended Complaint) by Defendant Joyce A Campbell. (Zaring, Lisa) (Entered: 04/19/2019)

Unopposed MOTION for Extension of Time to File Response/Reply as to 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Plaintiff's Amended Complaint), 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM New date requested 5/20/2019. by Plaintiff Anselm Caddell. (Attachments: # 1 Text of Proposed Order) (Laufman, Paul) (Entered: 04/23/2019)

Order on Motion for Extension of Time to File Response/Reply

NOTATION ORDER granting 13 Plaintiff's First Unopposed Motion for Extension of Time Until 5/20/2019 to File Omnibus Response re 9 12 Defendants' Motions to Dismiss. Signed by Magistrate Judge Stephanie K. Bowman on 4/29/2019. (km)

NOTICE of Substitution of Counsel - John T McLandrich substituting for Casey C. Stansbury and Curtis M. Graham as to Defendant City of Fairfield, Ohio. (McLandrich, John) (Entered: 05/15/2019)

RESPONSE in Opposition re 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Plaintiff's Amended Complaint), 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiff Anselm Caddell. (Laufman, Paul) (Entered: 05/20/2019)

MOTION for Judgment on the Pleadings by Defendant Richard Jones. (Glasgow, Aaron) (Entered: 05/21/2019)

Endorsed MOTION for Extension of Time to File Response/Reply as to 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Plaintiff's Amended Complaint) New date requested 6/17/2019. by Defendant Joyce A Campbell. (Zaring, Lisa) (Entered: 05/30/2019)

REPLY to Response to Motion re 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendant City of Fairfield, Ohio. (Attachments: # 1 Exhibit 1 - Anselm Caddell's Ticket, # 2 Exhibit 2 - License Suspension, # 3 Exhibit 3 - Fairfield Muncipal Docket, # 4 Exhibit 4 - Ward v City of Norwalk, # 5 Exhibit 5 - Raheem v Svoboda) (McLandrich, John) (Entered: 05/31/2019)

Order on Motion for Extension of Time to File Response/Reply

NOTATION ORDER granting 17 Stipulated Motion for Extension of Time Until 6/17/2019 for Defendant Joyce A Campbell to File Reply in Support re 12 Motion to Dismiss Amended Complaint. Signed by Magistrate Judge Stephanie K. Bowman on 5/31/2019. (km)

MOTION to Strike 16 MOTION for Judgment on the Pleadings by Plaintiff Anselm Caddell. (Laufman, Paul) (Entered: 06/10/2019)

REPLY to Response to Motion re 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Plaintiff's Amended Complaint) filed by Defendant Joyce A Campbell. (Zaring, Lisa) (Entered: 06/17/2019)

RESPONSE in Opposition re 19 MOTION to Strike 16 MOTION for Judgment on the Pleadings filed by Defendant Richard Jones. (Glasgow, Aaron) (Entered: 06/27/2019)

REPLY to Response to Motion re 19 MOTION to Strike 16 MOTION for Judgment on the Pleadings filed by Plaintiff Anselm Caddell. (Laufman, Paul) (Entered: 07/10/2019)

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Telephone Conference

Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Telephone Conference held on 10/7/2019. Attorneys Gregory Napolitano and Paul Laufman appeared on behalf of Plaintiff. Attorney Lisa Zaring appeared on behalf of Defendant Joyce Campbell. Attorney Michael Loughry appeared on behalf of Defendant City of Fairfield. Attorneys John Teetor and Aaron Glasgow appeared on behalf of Defendant Richard Jones. Parties to conduct Rule 26(f) Conference and submit Joint Discovery Plan to the Court by 11/27/2019. Telephone Scheduling Conference set for 12/4/2019 at 11:00 AM. (km)

NOTICE of Substitution of Counsel - Matthew E Stubbs substituting for Anthony P. McNamara as to Defendant Joyce A Campbell. (Stubbs, Matthew) (Entered: 11/14/2019)

RULE 26(f) REPORT of the Parties by Plaintiff Anselm Caddell. (Laufman, Paul) (Entered: 11/27/2019)

Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Telephone Scheduling Conference held on 12/5/2019. Attorneys Gregory Napolitano and Paul Laufman appeared on behalf of Plaintiff. Attorneys Lisa Zaring and Matthew Stubbs appeared on behalf of Defendant Joyce Campbell. Attorney John McLandrich appeared on behalf of Defendant City of Fairfield. Attorneys Stephen Teetor and Aaron Glasgow appeared on behalf of Defendant Richard Jones. Calendar Order to follow. (km)

CALENDAR ORDER: Rule 26(a) Disclosures due 30 days after Report and Recommendation docketed on pending motions. Deadline for filing any motion for class certification set for 2/5/2020. Discovery deadline set for 12/1/2020. Deadline for Plaintiff to identify experts and provide reports set for 9/1/2020. Deadline for Defendants to identify experts and provide reports set for 11/2/2020. Number of Depositions extended to permit 20 depositions. Number of interrogatories extended to permit 50 interrogatories. Dispositive motion deadline set for 2/1/2021. The Final Pretrial Conference and trial dates will be scheduled by Judge Dlott. The parties are to discuss if mediation is agreeable, and if so, when and with whom. Signed by Magistrate Judge Stephanie K. Bowman on 12/9/2019. (km) (Entered: 12/09/2019)

Telephone Conference

ORDER REASSIGNING CASE. Case reassigned to Judge Douglas R. Cole for all further proceedings. Signed by Chief Judge Algenon L. Marbley on 12/11/2019. (ss)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 12/11/2019)

Unopposed MOTION to Extend Time to File Motion for Class Certification by Plaintiff Anselm Caddell. (Attachments: # 1 Text of Proposed Order) (Laufman, Paul) (Entered: 02/03/2020)

Order on Motion for Miscellaneous Relief

NOTATION ORDER granting 28 Plaintiff's Unopposed Motion for Extension of Time Until 3/6/2020 to File Motion for Class Certification. Signed by Magistrate Judge Stephanie K. Bowman on 2/4/2020. (km)

REPORT AND RECOMMENDATIONS - IT IS RECOMMENDED that: (1) Defendants City of Fairfield and Joyce A Campbell's motions to dismiss 9 12 be DENIED; (2) Defendant Richard Jones' motion for judgment on the pleadings 16 be DENIED; and (3) Plaintiff's motion to strike 19 is DENIED. Objections to R&R due by 2/26/2020. Signed by Magistrate Judge Stephanie K. Bowman on 2/12/2020. (km) (Entered: 02/12/2020)

Unopposed MOTION for Extension of Time to File New date requested 3/4/2020. Objections to the Magistrate Judge's Report and Recommendation by Defendant City of Fairfield, Ohio. (Attachments: # 1 Text of Proposed Order) (Loughry, Michael) (Entered: 02/24/2020)

Unopposed MOTION for Extension of Time New date requested 3/4/2020. by Defendant Joyce A Campbell. (Attachments: # 1 Exhibit Proposed Order) (Zaring, Lisa) (Entered: 02/25/2020)

Order on Motion for Extension of Time

Order on Motion for Extension of Time to File

NOTATION ORDER granting the Unopposed Motions for Extension of Time to File Objections to the Magistrate Judge's Report and Recommendation (Docs. 30, 31 ) filed by Defendants City of Fairfield and Joyce C. Campbell. Accordingly, City of Fairfield and Joyce C. Campbell shall file objections, if any, on or before March 4, 2020. SO ORDERED. Signed by Douglas R. Cole on February 25, 2020. (sct)

OBJECTION to 29 Report and Recommendations by Defendant Richard Jones. (Glasgow, Aaron) (Entered: 02/26/2020)

[FILED IN ERROR, PLEASE DISREGARD] Objection to Magistrate Judge Orderre 29 REPORT AND RECOMMENDATIONS re 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Plaintiff's Amended Complaint) filed by Joyce A Campbell, 16 MOTION for Judgment on the Pleadings filed by Richard Jones, 9 MOTION TO DIS by Defendant City of Fairfield, Ohio. (Loughry, Michael) Modified Docket Text on 3/5/2020 (bjc). (Entered: 03/04/2020)

OBJECTION to 29 Report and Recommendations by Defendant Joyce A Campbell. (Zaring, Lisa) (Entered: 03/04/2020)

OBJECTION to 29 Report and Recommendations by Defendant City of Fairfield, Ohio. (Loughry, Michael) (Entered: 03/05/2020)

Second MOTION to Extend Time to File Motion for Class Certification by Plaintiff Anselm Caddell. (Attachments: # 1 Text of Proposed Order) (Laufman, Paul) (Entered: 03/05/2020)

Notice of Corrective Docket Entry

Notice of Correction re: 33 Objection to Magistrate Judge Orderre 29 REPORT AND RECOMMENDATIONS re 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Plaintiff's Amended Complaint) filed by Joyce A Campbell, 16 MOTION for Judgment on the Pleadings, document was filed using the incorrect event, the filer has been contacted and is to re-file the document as Objections to the Report and Recommendation (bjc)

MOTION to Extend Time to File Memorandum in Opposition to Objections to the Report and Recommendation of the Magistrate Judge by Plaintiff Anselm Caddell. (Attachments: # 1 Text of Proposed Order) (Laufman, Paul) Modified Event Type on 3/12/2020 (bjc). (Entered: 03/11/2020)

Order on Motion for Extension of Time

NOTATION ORDER granting 37 Plaintiff's Motion to Extend Time to File Memorandum in Opposition to Objections to the Report and Recommendation of the Magistrate Judge. Response due on or before 4/1/20. SO ORDERED. Signed by Judge Douglas R. Cole on 3/12/20. (sct)

RESPONSE in Opposition re 36 Second MOTION to Extend Time to File Motion for Class Certification filed by Defendants Joyce A Campbell, City of Fairfield, Ohio, Richard Jones. (Attachments: # 1 Exhibit) (Glasgow, Aaron) (Entered: 03/13/2020)

REPLY to Response to Motion re 36 Second MOTION to Extend Time to File Motion for Class Certification filed by Plaintiff Anselm Caddell. (Attachments: # 1 Exhibit A) (Laufman, Paul) (Entered: 03/24/2020)

Response re 32 Objection to 29 Report and Recommendations, 34 Objection to 29 Report and Recommendations, 35 Objection to 29 Report and Recommendations by Plaintiff Anselm Caddell. (Laufman, Paul) Modified to create link to R&R on 4/2/2020 (eh). (Entered: 04/01/2020)

Telephone Conference

Order on Motion for Miscellaneous Relief

Minute Order. Telephone Conference held 4/102020 before Magistrate Judge Stephanie K. Bowman. Attorneys Greg Napolitano and Paul Laufman appeared on behalf of Plaintiff. Attorney Lisa Zaring appeared on behalf of Defendant Joyce Campbell. Attorneys John McLandrich and Michael Loughry appeared on behalf of Defendant City of Fairfield. Attorneys John Teetor and Aaron Glasgow appeared on behalf of Defendant Richard Jones. Plaintiff's second motion to extend time to file motion for class certification 36 is granted. The deadline to file motion for class certification is extended to 6/15/2020. Plaintiff to propose stipulations. Parties to meet and confer as to those stipulations. Plaintiff then to propose limited discovery requests as they relate only to the class certification issue. Parties to meet and confer. A Follow-Up Telephone conference is set for 5/5/2020 at 11:00am. Counsel to submit a two-page statement via email to chambers by noon on 5/4/2020 setting forth what disputes remain and their respective position. (km)

Telephone Conference

Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Telephone Conference held 5/5/2020 regarding class certification discovery and the upcoming deadline for filing the motion to certify the class. Attorneys Paul Laufman and Greg Napolitano appeared on behalf of Plaintiff. Attorney Lisa Zaring appeared on behalf of Defendant Joyce Campbell. Attorneys John McLandrich and Michael Loughry appeared on behalf of Defendant City of Fairfield. Attorneys Steve Teetor and Aaron Glasgow appeared on behalf of Defendant Richard Jones. After much discussion, the Court hereby STAYS the deadline for filing the motion to certify the class as well as any discovery until such time as there is a final adjudication of the pending motions (Docs. 9, 12, 16 and 19 ). The parties are directed to contact Judge Bowman's Courtroom Deputy to schedule a telephone conference within 14 days of the final adjudication of said motions. (km)

MOTION for Leave to File Second Amended Class Action Complaint by Plaintiff Anselm Caddell. (Attachments: # 1 Proposed Second Amended Class Action Complaint) (Laufman, Paul) (Entered: 05/28/2020)

RESPONSE in Opposition re 41 MOTION for Leave to File Second Amended Class Action Complaint filed by Defendants Joyce A Campbell, City of Fairfield, Ohio, Richard Jones. (McLandrich, John) (Entered: 06/08/2020)

REPLY to Response to Motion re 41 MOTION for Leave to File Second Amended Class Action Complaint filed by Plaintiff Anselm Caddell. (Laufman, Paul) (Entered: 06/22/2020)

ORDER granting 41 Plaintiffs' Motion for Leave to File Second Amended Class Action Complaint. Plaintiffs shall, within 7 days, electronically file the amended complaint as a stand-alone document. Signed by Magistrate Judge Stephanie K. Bowman on 7/23/2020. (km) (Entered: 07/23/2020)

AMENDED COMPLAINT (Second) against All Defendants, filed by Anselm Caddell. (Napolitano, Gregory) (Entered: 07/23/2020)

STIPULATION re Extension of Time to Respond to the Second Amended Complaint by Defendant Joyce A Campbell. (Zaring, Lisa) (Entered: 08/06/2020)

ANSWER with Jury Demand to 45 Amended Complaint filed by Richard Jones. (Glasgow, Aaron) Modified docket text on 8/7/2020 (eh). (Entered: 08/06/2020)

Unopposed MOTION for Leave to File Answer to Plaintiffs' Second Amended Class Action Complaint Instanter by Defendant City of Fairfield, Ohio. (Attachments: # 1 Exhibit A - Answer to Second Amended Class Action Complaint) (Loughry, Michael) (Entered: 08/07/2020)

Reset Deadlines re 46 : Joyce A Campbell answer due 8/13/2020. (kl)

Set/Reset Deadlines

ANSWER with Jury Demand to 45 Second Amended Complaint filed by City of Fairfield, Ohio. (km) Modified docket text on 8/12/2020 (eh). (Entered: 08/11/2020)

NOTATION ORDER granting 48 Defendant City of Fairfield Ohio's Unopposed Motion for Leave to File Answer to Plaintiffs' Second Amended Class Action Complaint Instanter. The Clerk of Court shall detach and file forthwith the Answer to Second Amended Complaint attached to the instant motion. Signed by Magistrate Judge Stephanie K. Bowman on 8/11/2020. (km)

Order on Motion for Leave to File

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiffs' Second Amended Complaint by Defendant Joyce A Campbell. (Zaring, Lisa) (Entered: 08/13/2020)

MOTION for Judgment on the Pleadings by Defendant Richard Jones. (Glasgow, Aaron) (Entered: 08/25/2020)

RESPONSE in Opposition re 50 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiffs' Second Amended Complaint filed by Plaintiffs Anselm Caddell, Caleb Lawson. (Napolitano, Gregory) (Entered: 09/01/2020)

Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Telephone Conference at the request of Defendant City of Fairfield re: Status of the Report and Recommendation 29, Second Amended Complaint and current pending motions held on 9/9/2020. Attorneys Gregory Napolitano and Paul Laufman appeared on behalf of Plaintiffs. Attorney Lisa Zaring appeared on behalf of Defendant Joyce Campbell. Attorney Michael Loughry appeared on behalf of Defendant City of Fairfield. Attorneys Aaron Glasgow and John Teetor appeared on behalf of Defendant Richard Jones. Defendant City of Fairfield to file an "incorporation" of prior motion by 9/11/2020. Plaintiffs to file an "incorporation" response thereafter to Defendant Richard Jones and Defendant City of Fairfield's motions. All Defendants agree that reply briefs will not be filed. (km)

Telephone Conference

MOTION for Judgment on the Pleadings as to Anselm Caddell's Claims in Plaintiffs' Second Amended Class Action Complaint, Only, by Defendant City of Fairfield, Ohio. (Loughry, Michael) (Entered: 09/10/2020)

RESPONSE in Opposition re 53 MOTION for Judgment on the Pleadings as to Anselm Caddell's Claims in Plaintiffs' Second Amended Class Action Complaint, Only,, 51 MOTION for Judgment on the Pleadings filed by Plaintiffs Anselm Caddell, Caleb Lawson. (Laufman, Paul) (Entered: 09/15/2020)

REPORT AND RECOMMENDATION AND ORDER - for the reasons stated in the pending Report and Recommendation 29 which is incorporated herein, IT IS RECOMMENDED that: (1) Defendant Campbell's motion to dismiss 50 be DENIED; 2) Defendant Jones motion for judgment on the pleadings 51 be DENIED; and 3) Defendant City of Fairfield's motion for judgment on the pleadings 53 be DENIED. Additionally, based on the agreement of parties reached during a 9/9/2020 phone conference, it is further ORDERED that no objections shall be filed to this Report and Recommendation, thus making it immediately ripe for review. Signed by Magistrate Judge Stephanie K. Bowman on 9/16/2020. (km) (Entered: 09/16/2020)

NOTICE of Change of Address by John Stephen Teetor (Teetor, John) (Entered: 02/09/2021)

NOTICE by Defendants Joyce A Campbell, City of Fairfield, Ohio, Richard Jones Of Withdrawal and Substitution of Counsel (Glasgow, Aaron) (Entered: 02/09/2021)

NOTICE of Appearance by Andrew Neil Yosowitz for Defendant Richard Jones (Yosowitz, Andrew) (Entered: 02/09/2021)

OPINION AND ORDER adopting 55 Second Report and Recommendation. Accordingly, the Court DENIES the Defendants' Motions to Dismiss (Docs. 9, 12, & 50); the Defendants' Motions for Judgment on the Pleadings (Docs. 16, 51, & 53); the Defendants' Objections to the First R&R (Docs. 32, 34, & 35); and Plaintiff's Motion to Strike (Doc. 19). The City of Fairfield, however, is not responsible for actions taken by the Fairfield Municipal Court and thus cannot be found liable on that basis. The Court DENIES the City of Fairfield's Motion for Judgment on the Pleadings (Doc. 53) as it relates to municipal liability stemming from the Fairfield City Police Department's customs and policies. Finally, Defendants Campbell and Jones' Motions (Docs. 50 & 51), as pertaining to qualified immunity, sovereign immunity, judicial immunity, and the Rooker-Feldman doctrine, are DENIED, but WITHOUT PREJUDICE to the Defendants' ability to re-raise the immunity issues on a more fully developed factual record. Signed by Judge Douglas R. Cole on 5/28/21. (sct) (Entered: 05/28/2021)

NOTATION ORDER - In light of the Court's Order of 5/28/2021 59, the parties shall submit a Revised Rule 26(f) Report to the Court no later than 6/28/2021. The Court will thereafter, pursuant to Rule 16(b), enter a Calendar Order or will set and hold a Scheduling Conference after which a Calendar Order will be issued. Signed by Magistrate Judge Stephanie K. Bowman on 6/1/2021. (km)

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Order AND ~Util - Set Deadlines

Joint MOTION Request for Status Conference by Plaintiffs Anselm Caddell, Caleb Lawson. (Laufman, Paul) (Entered: 06/24/2021)

NOTATION ORDER granting 60 Joint Motion for Status Conference. The Court hereby schedules a Status Conference on 7/12/2021 at 10:00 am. The conference will be conducted by video conferencing (Zoom for Government). Login information will be provided to counsel prior to the date of the conference. Signed by Magistrate Judge Stephanie K. Bowman on 6/24/2021. (km)

Order on Motion for Miscellaneous Relief

Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Status Conference held on 7/12/2021 by video conference. Attorneys Paul Laufman and Greg Napolitano appeared on behalf of Plaintiffs. Attorneys John McLandrich, Lisa Zaring, Steve Teetor and Andrew Yosowitz appeared on behalf of Defendants. Parties to work collaboratively to establish a cost-effective method to determine a proposed class while continuing efforts to engage in settlement discussions. A status conference/follow-up session with the Court is set for 9/13/2021 at 10:00 am via Zoom. A Calendar Order is being held in abeyance. (km)

NOTICE of Hearing: Follow-up Status Conference set for 9/13/2021 10:00 AM by video conference (Zoom for Government) before Magistrate Judge Stephanie K. Bowman. Login information will be provided to counsel prior to the date of the conference. (km)

Status Conference

Notice of Hearing

Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Status Conference held by video conferencing (Zoom) on 9/13/2021. Defendants have been preparing a list of potential class members. Defendants asked for an additional 60 days to complete the list. Plaintiffs did not object. A follow-up conference to be held by video conference (Zoom) on 12/1/2021 at 10:00 am. The parties are to meet and confer prior to the 12/1/2021 conference with the Court. (km)

NOTICE of Hearing: Follow-up Status Conference set for 12/1/2021 10:00 AM by video conferencing (Zoom for Government) before Magistrate Judge Stephanie K. Bowman. Login information will be provided to counsel prior to the date of the conference. (km)