| Date Filed | Doc # | Docket Text |
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| 2014-07-03 | 1 | COMPLAINT against Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives (Filing fee $400 - paid; Receipt #NVRNO-2387 ), filed by Micah K. Wellman. Certificate of Interested Parties due by 7/13/2014. Proof of service due by 10/31/2014. (Attachments: # 1 Civil Cover Sheet) (JC) (Entered: 07/03/2014) |
| 2014-07-03 | 2 | SUMMONS Issued as to Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives. (JC) (Entered: 07/03/2014) |
| 2014-07-03 | 3 | NOTICE to Plaintiff from USDC advising case against defendant Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives, et al., has been received and assigned case number 3:14-cv-00348 . (JC) (Entered: 07/03/2014) |
| 2014-07-03 | | Case assigned to District Judge Miranda M. Du and Magistrate Judge William G. Cobb. (WJ) (Entered: 07/03/2014) |
| 2014-07-07 | 4 | MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 7/7/2014. By Deputy Clerk: Peggie Vannozzi. This case has been assigned to the Honorable Miranda M. Du. Judge Du's Civil Standing Order is posted on the U.S. District Court, District of Nevada public website and may be accessed directly via this hyperlink: www.nvd.uscourts.gov (no image attached) (Copies have been distributed pursuant to the NEF - PAV) (Entered: 07/07/2014) |
| 2014-07-11 | 5 | CERTIFICATE of Interested Parties filed by Micah K. Wellman. There are no known interested parties other than those participating in the case. (JC) (Entered: 07/11/2014) |
| 2014-08-04 | 6 | SUMMONS Returned Executed by Micah K. Wellman re 2 Summons Issued as to USA. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives served on 7/15/2014, answer due 9/13/2014. (JC) (Entered: 08/04/2014) |
| 2014-08-22 | 7 | MOTION for Default Judgment by Plaintiff Micah K. Wellman. Motion ripe 8/22/2014. (JC) (Entered: 08/22/2014) |
| 2014-08-25 | 8 | ORDER denying 7 Motion for Default Judgment. Signed by Magistrate Judge William G. Cobb on 8/25/14. (Copies have been distributed pursuant to the NEF - JC) (Entered: 08/26/2014) |
| 2014-08-27 | 9 | MOTION for Magistrate Judge to Reconsider Magistrate Judge Order re 8 Order on Motion for Default Judgment, by Plaintiff Micah K. Wellman. (JC) (Entered: 08/27/2014) |
| 2014-09-02 | 10 | ORDER denying 9 Motion for Magistrate Judge to Reconsider Magistrate Judge Order. Signed by Magistrate Judge William G. Cobb on 9/2/14. (Copies have been distributed pursuant to the NEF - JC) (Entered: 09/02/2014) |
| 2014-09-15 | 11 | MOTION to Dismiss by Defendant Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives. Responses due by 10/2/2014. Certificate of Interested Parties due by 9/25/2014. Discovery Plan/Scheduling Order due by 10/30/2014. (Vance, Holly) (Entered: 09/15/2014) |
| 2014-09-16 | 12 | MINUTE ORDER IN CHAMBERS Regarding the Requirements of Klingele v. Eikenberry and Rand v. Rowland as to 11 MOTION to Dismiss : Opposition due fourteen (14) days from the date of this Minute Order, and reply due seven (7) days after the filing of the opposition. Signed by Judge Miranda M. Du on 9/16/2014. (Copies have been distributed pursuant to the NEF - DRM) (Entered: 09/16/2014) |
| 2014-09-24 | 13 | PROOF OF SERVICE by Plaintiff Micah K. Wellman. (JC) (Entered: 09/24/2014) |
| 2014-09-29 | 14 | RESPONSE to 11 MOTION to Dismiss, filed by Plaintiff Micah K. Wellman. Replies due by 10/9/2014. (JC) (Entered: 09/29/2014) |
| 2014-10-09 | 15 | REPLY to Response to 11 MOTION to Dismiss filed by Defendant Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives. (Vance, Holly) (Entered: 10/09/2014) |
| 2014-10-20 | 16 | ANSWER to Complaint filed by Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives.(Vance, Holly) (Entered: 10/20/2014) |
| 2015-08-13 | 17 | ORDER granting in part and denying in part 11 Motion to Dismiss. If Plaintiff chooses to amend Complaint to address jurisdictional problem with APA claim, amended complaint due within 15 days. Signed by Judge Miranda M. Du on 8/13/15. (Copies have been distributed pursuant to the NEF - JC) (Entered: 08/14/2015) |
| 2015-08-26 | 18 | AMENDED COMPLAINT against Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives, filed by Micah K. Wellman. No changes to parties. Proof of service due by 12/24/2015. (KR) (Entered: 08/26/2015) |
| 2015-09-24 | 19 | ANSWER to 18 Amended Complaint filed by Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives.(Vance, Holly) (Entered: 09/24/2015) |
| 2015-09-24 | 20 | MOTION to Dismiss by Defendant Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives. Responses due by 10/11/2015. (Vance, Holly) (Entered: 09/24/2015) |
| 2015-09-25 | 21 | MINUTE ORDER IN CHAMBERS Regarding the Requirements of Klingele v. Eikenberry and Rand v. Rowland as to 20 Motion to Dismiss: Opposition due 14 days from the date of this Minute Order, and reply due 7 days after the filing of the opposition. Signed by Judge Miranda M. Du on 9/25/2015. (Copies have been distributed pursuant to the NEF - KR) (Entered: 09/25/2015) |
| 2015-10-08 | 22 | RESPONSE to 20 Motion to Dismiss, filed by Plaintiff Micah K. Wellman. Reply due by 10/18/2015. (DRM) (Entered: 10/08/2015) |
| 2015-10-15 | 23 | REPLY to Response to 20 Motion to Dismiss filed by Defendant Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives. (Vance, Holly) (Entered: 10/15/2015) |
| 2016-09-07 | 24 | ORDER granting ECF No. 20 Defendant's Motion to Dismiss. It is further ordered that if Plaintiff chooses to amend the Complaint to address the problem with his APA claim, Plaintiff must file an amended complaint by September 22, 2016 otherwise, this action will proceed on the remaining FOIA claim in the original Complaint. Signed by Judge Miranda M. Du on 09/07/2016. (Copies have been distributed pursuant to the NEF - KW) (Entered: 09/07/2016) |
| 2016-09-20 | 25 | STRICKEN pursuant to ECF No. 44 ORDER : AMENDED COMPLAINT against Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives, filed by Micah K. Wellman. No changes to parties. Proof of service due by 12/19/2016.(KW) Modified on 5/18/2017 to denote STRICKEN (DRM). (Entered: 09/20/2016) |
| 2016-10-11 | 26 | MOTION to Strike 25 Amended Complaint by Defendant Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives. Responses due by 10/28/2016. (Vance, Holly) (Entered: 10/11/2016) |
| 2016-10-19 | 27 | First MOTION FOR EXTENSION TO NOVEMBER 16, 2016 TO FILE REPLY by Defendant Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives. Responses due by 11/5/2016. (Vance, Holly) (Entered: 10/19/2016) |
| 2016-10-19 | 28 | RESPONSE to ECF No. 26 Motion to Strike, filed by Plaintiff Micah K. Wellman. Replies due by 10/29/2016. (DRM) (Entered: 10/19/2016) |
| 2016-10-19 | 29 | CERTIFICATE OF SERVICE for ECF No. 28 Response to Motion to Strike, by Plaintiff Micah K. Wellman. (DRM) (Entered: 10/19/2016) |
| 2016-10-21 | 30 | Amended MOTION TO EXTEND DEFENDANT'S REPLY TO NOVEMBER 16, 2016 re 28 Response to Motion by Defendant Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives. Responses due by 11/7/2016. (Vance, Holly) (Entered: 10/21/2016) |
| 2016-10-21 | 31 | DECLARATION of AUSA Holly A. Vance re 30 Motion ; by Defendant Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives. (Vance, Holly) (Entered: 10/21/2016) |
| 2016-10-24 | 32 | MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 10/24/2016. By Deputy Clerk: Peggie Vannozzi. Good cause appearing, it is ordered that Defendant's Amended Motion to Extend time to file reply (ECF No. 30 ) is granted, and the time to reply to Defendant's Motion to Strike is extended to 11/16/2016. It is further ordered that Defendant's Motion to Extend Time to file reply (ECR No. 27 is denied as moot. (Copies have been distributed pursuant to the NEF - PAV) (Entered: 10/24/2016) |
| 2016-10-24 | 33 | RESPONSE in Opposition to ECF No. 30 Amended Motion for Extension of Time, filed by Plaintiff Micah K. Wellman. Replies due by 11/3/2016. (Attachments: # 1 Service)(KW) (Entered: 10/24/2016) |
| 2016-11-10 | 34 | MOTION for Vaughn Index and Memorandum of Points and Authorities, by Plaintiff Micah K. Wellman. Responses due by 11/27/2016. (KW) (Entered: 11/10/2016) |
| 2016-11-16 | 35 | REPLY to Response to 26 Motion to Strike filed by Defendant Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives. (Vance, Holly) (Entered: 11/16/2016) |
| 2016-11-23 | 36 | RESPONSE to 34 Motion, filed by Defendant Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives. Replies due by 12/3/2016. (Vance, Holly) (Entered: 11/23/2016) |
| 2016-11-29 | 37 | REPLY to ECF No. 36 Response re ECF No. 34 Motion for Vaughn Index, filed by Plaintiff Micah K. Wellman. (DRM) (Entered: 11/29/2016) |
| 2016-12-05 | 38 | MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge William G. Cobb, on 12/5/2016. By Deputy Clerk: Katie Lynn Ogden. A motion hearing is scheduled for Thursday, 12/22/2016 at 11:00 a.m. , in Reno Courtroom 2 before Magistrate Judge William G. Cobb. The court will address Plaintiff's 34 Motion for Vaughn Index and Memorandum of Points and Authorities. Counsel wishing to appear telephonically shall dial 1-877-873-8017 , enter the access code 3416460 , and enter the security code 12222016 approximately five (5) minutes prior to the hearing. IT IS SO ORDERED. (Copies have been distributed pursuant to the NEF - KO) (Entered: 12/05/2016) |
| 2016-12-12 | 39 | MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge William G. Cobb, on 12/12/2016. By Deputy Clerk: Katie Lynn Ogden. Due to a scheduling conflict with the court's calendar the the motion hearing set for Thursday, 12/22/2016 at 11:00 a.m. is VACATED and RESCHEDULED to Thursday, 1/5/2017 at 1:30 p.m. , in Reno Courtroom 2 before Magistrate Judge William G. Cobb. To appear telephonically dial 1-877-873-8017 , enter the access code 3416460 , and enter the security code 1517 approximately five (5) minutes prior to the hearing. IT IS SO ORDERED. (no image attached) (Copies have been distributed pursuant to the NEF - KO) (Entered: 12/12/2016) |
| 2017-01-05 | 40 | MINUTES OF PROCEEDINGS - Motion Hearing held on 1/5/2017 before Magistrate Judge William G. Cobb. Crtrm Administrator: Katie Lynn Ogden ; Pla Counsel: Micah Wellman (present) ; Def Counsel: Holly Vance (present) ; Recorder: FTR ; Recording start and end times: 1:31:01 p.m. - 2:03:16 p.m. ; Courtroom: 2 . The court addresses Plaintiff's 34 Motion for Vaughn Index . After hearing from counsel and Mr. Wellman, IT IS ORDERED that Plaintiff's 34 motion for Vaughn Index is DEFERRED . The deadline to file dispositive motions is Friday, 3/31/2017 . The parties shall submit an interim status report no laters than Friday, 2/17/207 . The court directs the parties arrange a meet and confer conference to discuss Plaintiff's FOIA requests. The courtroom deputy is directed to update the court's electronic filing system with Plaintiff's contact information. Court adjourns. (Copies have been distributed pursuant to the NEF - KO) (Entered: 01/06/2017) |
| 2017-01-26 | 41 | PROPOSED Discovery Plan/Scheduling Order filed by Defendant Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives . (Vance, Holly) (Entered: 01/26/2017) |
| 2017-01-27 | 42 | SCHEDULING ORDER pursuant to ECF No. 41 Proposed Discovery Plan/Scheduling Order. Discovery due by 4/28/2017. Motions due by 5/29/2017. Signed by Magistrate Judge William G. Cobb on 01/27/2017. (Copies have been distributed pursuant to the NEF - KW) (Entered: 01/27/2017) |
| 2017-01-27 | 43 | NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC § 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - www.nvd.uscourts.gov . AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.) NOTICE OF GENERAL ORDER 2013-1 AND OPPORTUNITY FOR EXPEDITED TRIAL SETTING: The parties in this action are provided with a link to General Order 2013-1 and the USDC Short Trial Rules on the Court's website - www.nvd.uscourts.gov . If the parties agree that this action can be ready for trial within 180 days and that a trial of this matter would take 3 days or less, the parties should consider participation in the USDC Short Trial Program. If the parties wish to be considered for entry into the Court's Short Trial Program, they should execute and electronically file with USDC Short Trial Form 4(a)(1) or Form 4(a)(2). (no image attached) (KW) (Entered: 01/27/2017) |
| 2017-05-18 | 44 | ORDER - Defendant's Motion to Strike (ECF No. 26 ) is granted. The Clerk is directed to strike the Second Amended Complaint (ECF No. 25 ). Plaintiff will have 15 days from issuance of this Order to file a third amended complaint to comply with this Order by removing paragraph 15 from the Second Amended Complaint. Signed by Judge Miranda M. Du on 5/18/2017. (Copies have been distributed pursuant to the NEF - DRM) (Entered: 05/18/2017) |
| 2017-05-31 | 45 | AMENDED COMPLAINT against Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives, filed by Micah K. Wellman. No changes to parties. (KR) (Entered: 05/31/2017) |
| 2017-05-31 | 46 | STIPULATION FOR EXTENSION OF TIME (First Request) Stipulation to Extend Briefing Schedule by Defendant Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives. (Vance, Holly) (Entered: 05/31/2017) |
| 2017-06-05 | 47 | ORDER on ECF No. 46 STIPULATION FOR EXTENSION OF TIME : Answer to Third Amended Complaint (ECF No. 45 ) due 6/19/2017. Dispositive Motions due by 6/19/2017. Responses due by 8/18/2017. Replies due by 9/18/2017. Signed by Magistrate Judge William G. Cobb on 6/5/2017. (Copies have been distributed pursuant to the NEF - DRM) (Entered: 06/05/2017) |
| 2017-06-19 | 48 | OBJECTIONS re LR IB 3-1 or MOTION for District Judge to Reconsider Order re 44 Order on Motion to Strike,,,, Set/Reset Deadlines, Defendant's Motion to Reconsider Order Regarding Second Amended Complaint (ECF No. 44) by Defendant Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives. Responses due by 7/3/2017. (Vance, Holly) (Entered: 06/19/2017) |
| 2017-06-19 | 49 | MOTION to Dismiss Third Amended Complaint (ECF No. 45) re 45 Amended Complaint by Defendant Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives. Responses due by 7/3/2017. (Vance, Holly) (Entered: 06/19/2017) |
| 2017-06-21 | 50 | MINUTE ORDER IN CHAMBERS Regarding the Requirements of Klingele v. Eikenberry and Rand v. Rowland as to ECF No. 49 Motion to Dismiss. Opposition due 14 days from the date of this Minute Order, and reply due seven 7 days after the filing of the opposition. Signed by Judge Miranda M. Du on 6/21/2017. (Copies have been distributed pursuant to the NEF - KR) (Entered: 06/21/2017) |
| 2017-06-30 | 51 | RESPONSE/OPPOSITION to Defendant's ECF Nos. 48 Motion for District Judge to Reconsider Order and 49 Motion to Dismiss, filed by Plaintiff Micah K. Wellman. Replies due by 7/7/2017. (KW) (Entered: 06/30/2017) |
| 2017-07-07 | 52 | REPLY to Response to 48 Objections re LR IB 3-1 or Motion for District Judge to Reconsider Order, 49 Motion to Dismiss filed by Defendant Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives. (Vance, Holly) (Entered: 07/07/2017) |
| 2018-03-20 | 53 | ORDER - Defendant's Motion to Reconsider (ECF No. 48 ) is granted. It is further ordered that Defendant's Motion to Dismiss (ECF No. 49 ) is denied. Signed by Judge Miranda M. Du on 3/20/2018. (Copies have been distributed pursuant to the NEF - DRM) (Entered: 03/20/2018) |
| 2018-04-03 | 54 | ANSWER to 45 Amended Complaint filed by Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives.(Vance, Holly) (Entered: 04/03/2018) |
| 2018-05-03 | 55 | MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du on 5/3/2018. Please take notice that Judge Du has made changes to her Civil Standing Order. The most current Civil Standing Order is posted on the U.S. District Court, District of Nevada public website and may be accessed directly via this hyperlink: www.nvd.uscourts.gov (no image attached) (Copies have been distributed pursuant to the NEF - PAV) (Entered: 05/03/2018) |
| 2018-05-23 | 56 | PROPOSED Discovery Plan/Scheduling Order by Defendant Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives (Vance, Holly) (Entered: 05/23/2018) |
| 2018-05-29 | 57 | MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge William G. Cobb on 5/29/2018. By Deputy Clerk: Katie Lynn Ogden. A discovery status conference is scheduled for Monday, 6/4/2018, at 9:30 a.m. , in Reno Courtroom 2 before Magistrate Judge William G. Cobb. Counsel wishing to appear telephonically shall dial 1-877-873-8017 , enter the access code 3416460 , and enter the security code 6418 approximately five (5) minutes prior to the hearing. The court will address the 56 Proposed Discovery Plan and Scheduling Order Special Scheduling Review Requested . IT IS SO ORDERED. (no image attached) (Copies have been distributed pursuant to the NEF - KO) (Entered: 05/29/2018) |
| 2018-05-29 | 58 | NOTICE of Change of Address by Holly A. Vance. (Vance, Holly) (Entered: 05/29/2018) |
| 2018-06-04 | 59 | MINUTES OF PROCEEDINGS - Status Conference held on 6/4/2018 before Magistrate Judge William G. Cobb. Crtrm Administrator: Katie Lynn Ogden ; Pla Counsel: Micah Wellman, Pro Se (present) ; Def Counsel: Holly Vance (present) ; Court Reporter: FTR ; Time of Hearing: 9:30 a.m. ; Recording start and end times: 9:31:28 a.m. - 9:51:25 a.m. ; Courtroom: 2 . The court holds today's conference to address the competing positions identified in the parties' proposed discovery plan and scheduling order (ECF No. 56 ). After consideration, the court agrees with the government's proposal to move forward with setting a briefing schedule for dispositive motions. The following briefing schedule is established: Dispositive motions : Monday, 7/16/2018 ; Responses : Monday, 8/13/2018 ; and Replies : Monday, 9/24/2018 . The parties are advised of the right to submit objections to this order. The court notes that any filing of an objection to this order does not stay the briefing schedule established today for dispositive motions. IT IS SO ORDERED. (Copies have been distributed pursuant to the NEF - KO) (Entered: 06/06/2018) |
| 2018-07-16 | 60 | MOTION for Summary Judgment by Defendant Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives. Responses due by 8/6/2018. (Attachments: # 1 Declaration Peter J. Chisholm dated July 9, 2018, # 2 Declaration Princina Stone dated July 13, 2018) (Vance, Holly) (Entered: 07/16/2018) |
| 2018-07-16 | 61 | MOTION for Summary Judgment by Plaintiff Micah K. Wellman. Responses due by 8/6/2018. (LH) (Entered: 07/16/2018) |
| 2018-07-17 | 62 | MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du on 7/17/2018. Regarding the Requirements of Klingele v. Eikenberry and Rand v. Rowland as to ECF Nos. 60 Motion for Summary Judgment and 61 Motion for Summary Judgment. Opposition due 21 days from the date of this Minute Order, and reply due 14 days after the filing of the opposition. (Copies have been distributed pursuant to the NEF - KW) (Entered: 07/17/2018) |
| 2018-08-13 | 63 | RESPONSE to ECF No. 60 Motion for Summary Judgment, filed by Plaintiff Micah K. Wellman. Replies due by 8/27/2018. (KW) (Entered: 08/13/2018) |
| 2018-08-13 | 64 | RESPONSE to 61 Motion for Summary Judgment by Defendant Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives. Replies due by 8/27/2018. (Attachments: # 1 Declaration of Holly A. Vance) (Vance, Holly) (Entered: 08/13/2018) |
| 2018-09-24 | 65 | REPLY to Response to 60 Motion for Summary Judgment, by Defendant Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives. (Vance, Holly) (Entered: 09/24/2018) |
| 2018-09-24 | 66 | RESPONSE - Reply to Response in Opposition to ATF's Motion for Summary Judgment with Memorandum of Points and Authorities, re ECF No. 60 Motion for Summary Judgment, by Plaintiff Micah K. Wellman. (KR) (Entered: 09/25/2018) |
| 2018-09-27 | 67 | ORDER granting in part and denying in part ECF Nos. 60 Motion for Summary Judgment and ECF No. 61 Motion for Summary Judgment; Government will reexamine its entire release of documents identified as responsive to Paintiff's FOIA request, remove the redactions where the cited reason for the redaction was non-responsive and release new versions of those documents with the non-responsive redactions removed to Plaintiff by 11/26/2018 ; Clerk directed to enter judgment and close this case. Signed by Judge Miranda M. Du on 9/27/2018. (Copies have been distributed pursuant to the NEF - KW) (Entered: 09/27/2018) |
| 2018-09-27 | 68 | JUDGMENT. Signed by Clerk of Court Debra K. Kempi on 9/27/2018. (Copies have been distributed pursuant to the NEF - KW) (Entered: 09/27/2018) |
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