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Case TitleVIOLA v. UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION et al
DistrictWestern District of Pennsylvania
CityErie
Case Number1:2015cv00242
Date Filed2015-10-01
Date Closed2022-06-10
JudgeJudge Susan Paradise Baxter
PlaintiffANTHONY L. VIOLA
Case DescriptionAnthony Viola, a federal prisoner, submitted FOIA requests to the FBI and the EOUSA for records concerning his criminal conviction. The FBI asked Viola to narrow the scope of his request so that it could be processed more quickly. EOUSA asked Viola to commit to pay costs and sent a follow-up letter indicating that it closed his request for failure to commit to paying an estimated $504 in fees, an amount that Viola claimed a family member had sent to EOUSA. Viola then filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Recovery of Costs

DefendantUNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION Records/Information Dissemination Section
DefendantUNITED STATES DEPARTMENT OF JUSTICE Executive Offices for United States Attorneys - Freedom of Information & Privacy Staff
DefendantCUYAHOGA COUNTY MORTGAGE FRAUD TASK FORCE
DefendantKATHRYN CLOVER
TERMINATED: 09/28/2017
DefendantKATHRYN CLOVER
AppealThird Circuit 18-2573
AppealThird Circuit 22-2186
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-10-011MOTION for Leave to Proceed in forma pauperis by ANTHONY L. VIOLA. (Attachments: # 1 Complaint, # 2 Exhibit, # 3 Consent to Jurisdiction by U.S. Magistrate Judge, # 4 Motion to Waive Marshal's Fees, # 5 Envelope) (sdp) (Entered: 10/01/2015)
2015-10-142ORDER granting 1 Motion for Leave to Proceed in forma pauperis and the Clerk is directed to file the Complaint. The filing fee is $ 350.00 and Plaintiff having been granted leave to prosecute in forma pauperis, pursuant to the Prison Litigation Reform Act, the Superintendent/Warden of the institution where Plaintiff is incarcerated is directed to remit from the prisoner's account, in monthly installments, the full $350.00 fee. Enclosed is a copy of the form Authorization which Plaintiff is directed to execute and return to the Clerk of Court or withdraw this action by November 3, 2015. IT IS HEREBY ORDERED that as soon as funds are available in the inmate's prisonaccount, the Superintendent/Warden shall submit an initial partial payment of twenty per cent (20%) of the greater of: (1) the average monthly deposits to the inmate's account for the past six months, or (2) the average monthly balance in the inmates prison account for the past six months. The remittance must be accompanied by a statement of the calculations used to arrive at theamount, a copy of which the Superintendent/Warden shall furnish to the inmate. After the initial payment, if there remains any unpaid fee due and owing the Court, the Superintendent/Warden in any institution where the inmate is incarcerated is required by law to set aside and remit on a monthly basis twenty percent (20%) of the preceding month's deposits credited to the prisoner's account until the $350.00 filing fee has been paid in full. Each time a deposit is made to the inmate's account, the Superintendent/Warden shall set aside the deposit immediately before any disbursement is made by the inmate, until an amount equal to twenty percent (20%) of the previous month's deposits is obtained. When the twenty percent (20%) amount is obtained, andthe amount in the account exceeds ten dollars, it shall be transmitted in one monthly payment to the Clerk of Court. Each payment shall be clearly identified by name and number of the prisoner and the number assigned to this civil action. Payments must be made payable to "Clerk, U.S. District Court of the Western District of Pennsylvania" and transmitted to: Clerk of Court, U.S. District Court, Western District of Pennsylvania, 17 South Park Row, Erie, PA 16501. In the event the Plaintiff is transferred to a different correctional facility before the full filing fee is paid, this Order must be forwarded to the Superintendent/Warden of the receiving institution. This Order will be binding on the Superintendent/Warden of any correctional facilitywhere the prisoner is incarcerated until the filing fee is paid in full in accordance with provisions of 28 U.S.C. Section 1915(b)(1). Signed by Magistrate Judge Susan Paradise Baxter on 10/13/15. (Attachments: # 1 Authorization) (lrw) (Entered: 10/14/2015)
2015-10-143COMPLAINT against UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION, filed by ANTHONY L. VIOLA. (Attachments: # 1 Exhibit) (jd) (Entered: 10/15/2015)
2015-10-144CONSENT to Trial/Jurisdiction by US Magistrate Judge by ANTHONY L. VIOLA. (jd) (Entered: 10/15/2015)
2015-10-145MOTION for Service by U.S. Marshal by ANTHONY L. VIOLA. (jd) (Entered: 10/15/2015)
2015-10-153COMPLAINT against UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION ), filed by ANTHONY L. VIOLA. (Attachments: # 1 Exhibit) (jd) (Entered: 10/15/2015)
2015-10-154CONSENT to Trial/Jurisdiction by US Magistrate Judge by ANTHONY L. VIOLA. (jd) (Entered: 10/15/2015)
2015-10-166Filing fee: $350.00, receipt number 14668002584 (jd) (Entered: 10/19/2015)
2015-10-196Filing fee: $350.00, receipt number 14668002584 (jd) (Entered: 10/19/2015)
2015-10-237ORDER that the United States Marshal is directed to effectuate service in accordance with Federal Rule of Civil Procedure 4(i). Specifically, the United States Marshal is directed to mail, by certified or regular mail, a copy of the complaint, summons and this service order to the U.S. Attorney's office and the U.S. Attorney General pursuant to Rule 4(i)(1). Service on individual defendants who are officers or employees of the United States or agencies thereof shall be served in the manner prescribed by Rule 4(e), (f), or (g). Costs shall be advanced by the United States. Signed by Magistrate Judge Susan Paradise Baxter on 10/23/15. (lrw) (Entered: 10/23/2015)
2015-10-26Remark: Service copies forwarded to US Marshal (jd) (Entered: 10/26/2015)
2015-11-198LETTER to Judge Baxter from U.S. Marshal service that as of this date no directions for service have been received from the pltf so service is not able to be done. Please advise. (sdp) (Entered: 11/19/2015)
2015-11-20Remark: USM 285 forms provided to Court and forwarded to USMS in Erie, PA (nk) (Entered: 11/20/2015)
2016-01-199EXHIBITS in Support of 3 Complaint by ANTHONY L. VIOLA. (Attachments: # 1 Exhibit, # 2 Envelope) (sdp) (Entered: 01/20/2016)
2016-02-0210ORDER denying as moot 5 Motion for Service by U.S. Marshal. Signed by Magistrate Judge Susan Paradise Baxter on 2/2/2016. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (fcf) (Entered: 02/02/2016)
2016-03-2111MOTION to Extend Time to File Responsive Pleading by UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Proposed Order) (Colville, Michael) (Entered: 03/21/2016)
2016-03-2212TEXT ORDER granting 11 Motion to Extend Time to file responsive pleading: Answer/Responsive Pleading due on or before 4/22/2016. Signed by Magistrate Judge Susan Paradise Baxter on 3/22/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lrw) (Entered: 03/22/2016)
2016-03-22Update Answer Deadline: Answer due from All Defendants by 4/22/2016. (lrw) (Entered: 03/22/2016)
2016-03-2813RESPONSE IN OPPOSITION to 11 Motion to Extend Time, filed by ANTHONY L. VIOLA. (dm) (Entered: 03/28/2016)
2016-04-2114ANSWER to 3 Complaint by UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Colville, Michael) (Entered: 04/21/2016)
2016-04-2215TEXT ORDER, Status Conference via telephone set for 5/11/2016 10:30 AM before Magistrate Judge Susan Paradise Baxter. Counsel for Defendants is directed to make arrangements for all parties to participate by conference call on the above date and time. Signed by Magistrate Judge Susan Paradise Baxter on 4/22/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lrw) (Entered: 04/22/2016)
2016-05-0516MOTION to Compel Production of Documents and Recordings by ANTHONY L. VIOLA. (Attachments: # 1 Exhibit, # 2 Envelope) (sdp) (Entered: 05/05/2016)
2016-05-1117Minute Entry for proceedings held before Magistrate Judge Susan Paradise Baxter: Motion Hearing held on 5/11/2016 re 16 MOTION to Compel Production of Documents and Recordings filed by ANTHONY L. VIOLA. Text order to follow regarding motion. Status Conference set for 6/14/2016 10:00 AM before Magistrate Judge Susan Paradise Baxter. (Court Reporter: Ron Bench) (lrw) (Entered: 05/11/2016)
2016-05-1118TEXT ORDER denying without prejudice 16 Motion to Compel, as it seeks the ultimate issue in this case. Signed by Magistrate Judge Susan Paradise Baxter on 5/11/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lrw) (Entered: 05/11/2016)
2016-05-2619MOTION to Compel Discovery by ANTHONY L. VIOLA. (Attachments: # 1 Exhibit, # 2 Envelope) (dm) (Entered: 05/26/2016)
2016-05-3120TEXT ORDER Setting Hearing on Motion 19 MOTION to Compel Discovery : Motion Hearing via telephone set for 6/8/2016 11:00 AM before Magistrate Judge Susan Paradise Baxter. Counsel for Defendants is directed to make arrangements for all parties to participate by conference call on the above date and time. Defendants are to Respond to the Motion by 6/6/2016. Signed by Magistrate Judge Susan Paradise Baxter on 5/31/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lrw) (Entered: 05/31/2016)
2016-06-0321RESPONSE to Motion re 19 MOTION to Compel Discovery filed by UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Colville, Michael) (Entered: 06/03/2016)
2016-06-0822Minute Entry for proceedings held before Magistrate Judge Susan Paradise Baxter: Motion Hearing held on 6/8/2016 re 19 MOTION to Compel Discovery filed by ANTHONY L. VIOLA. Motion is withdrawn without prejudice to the right to file again if necessary in the future. (Court Reporter: Ron Bench) (lrw) (Entered: 06/08/2016)
2016-06-0823TEXT ORDER withdrawing 19 Motion to Compel Discovery, per hearing held this date. Signed by Magistrate Judge Susan Paradise Baxter on 6/8/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lrw) (Entered: 06/08/2016)
2016-06-13USM 285 and service copy of Amended Complaint received for Cuyahoga County Mortgage Fraud Task Force and Kathryn Clover c/o Jaye Schlachet, Esq. (sdp) (Entered: 06/13/2016)
2016-06-1324MOTION for Leave to File Amended Complaint by ANTHONY L. VIOLA. (Attachments: # 1 Proposed Amended Complaint, # 2 Envelope) (sdp) (Entered: 06/13/2016)
2016-06-1425TEXT ORDER Response/Briefing Schedule re 24 Motion for Leave to File Amended Complaint: Defendants' Response to Motion due by 6/24/2016. Signed by Magistrate Judge Susan Paradise Baxter on 6/14/2016. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lrw) (Entered: 06/14/2016)
2016-06-2026MOTION for Extension of Time to File Response/Reply as to 24 MOTION for Leave to File Amended Complaint by UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Proposed Order) (Colville, Michael) (Entered: 06/20/2016)
2016-06-2127TEXT ORDER granting 26 Motion for Extension of Time to File Response/Reply re 24 MOTION for Leave to File Amended Complaint. Defendants' Response due by 7/8/2016. Signed by Magistrate Judge Susan Paradise Baxter on 6/21/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lrw) (Entered: 06/21/2016)
2016-06-2928RESPONSE IN OPPOSITION to 26 Motion for Extension of Time to File Response/Reply, filed by ANTHONY L. VIOLA. (Attachments: # 1 Envelope) (sdp) (Entered: 06/29/2016)
2016-06-30USM-285 received for Kathryn Clover. (sdp) (Entered: 06/30/2016)
2016-07-0729RESPONSE to Motion re 24 MOTION for Leave to File Amended Complaint filed by UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Colville, Michael) (Entered: 07/07/2016)
2016-07-1130ORDER granting 24 Motion for Leave to File amended complaint. The Clerk is directed to detach the proposed amendment and to docket it as Plaintiff's amended complaint. Signed by Magistrate Judge Susan Paradise Baxter on 07/11/2016. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (fcf) (Entered: 07/11/2016)
2016-07-1131AMENDED COMPLAINT against UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION, CUYAHOGA COUNTY MORTGAGE FRAUD TASK FORCE, KATHRYN CLOVER filed by ANTHONY L. VIOLA. (jd) Modified on 7/14/2016. (sdp) (Main Document 31 replaced on 9/9/2019) (sdp) (Entered: 07/12/2016)
2016-07-1332ORDER that the United States Marshal is directed to effectuate service in accordance with Federal Rule of Civil Procedure 4. Specifically, the United States Marshal is directed to serve a copy of the amended complaint, summons and this service order upon each of the newly-named Defendants in the manner prescribed by Rule 4(e), or (j). Costs shall be advanced by the United States. Signed by Magistrate Judge Susan Paradise Baxter on 7/13/16. (lrw) (Entered: 07/13/2016)
2016-07-14Service copies forwarded to Marshal. (sdp) (Entered: 07/14/2016)
2016-07-2033ANSWER to 31 Amended Complaint, by UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Colville, Michael) (Entered: 07/20/2016)
2016-10-1734MOTION for Status Conference by ANTHONY L. VIOLA. (Attachments: # 1 Envelope) (sdp) (Entered: 10/17/2016)
2016-10-1735MOTION to Continue by ANTHONY L. VIOLA. (Attachments: # 1 Envelope) (sdp) (Entered: 10/17/2016)
2016-10-17CORRECTIVE ENTRY re 35 Motion to Continue. Filed at incorrect case. Motion terminated. (sdp) (Entered: 10/17/2016)
2016-10-1836TEXT ORDER Setting Hearing on Motion 34 MOTION for Status Conference: Motion Hearing via telephone set for 10/24/2016 at 10:00 AM before Magistrate Judge Susan Paradise Baxter. Counsel for Defendants is directed to make arrangements for all parties to participate by conference call on the above date and time. Signed by Magistrate Judge Susan Paradise Baxter on 10/18/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lrw) (Entered: 10/18/2016)
2016-10-2437Minute Entry for proceedings held before Magistrate Judge Susan Paradise Baxter: Motion Hearing held on 10/24/2016 re 34 MOTION for Hearing filed by ANTHONY L. VIOLA. Text order to follow on motion. Status Conference via telephone set for 11/10/2016 at 10:30 AM before Magistrate Judge Susan Paradise Baxter. (Court Reporter: Ron Bench) (lrw) (Entered: 10/24/2016)
2016-10-2438TEXT ORDER granting 34 Motion for Hearing filed by ANTHONY L. VIOLA during hearing held this date. Motion is granted insofar as status conference was held and update on status of document production was provided. Signed by Magistrate Judge Susan Paradise Baxter on 10/24/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lrw) (Entered: 10/24/2016)
2016-11-0439NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Hearing on Pltf's Motion to Compel Proceedings held on 5/11/16 before Judge Susan P. Baxter. Court Reporter/Transcriber Ron Bench, Telephone number 464-9613. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter/transcriber or viewed at the clerk's office public terminal. Any Notice of Intent to Request Redaction and Redaction Request must be separately mailed to the court reporter of said proceedings. Notice of Intent for Redaction of Personal Data Identifiers due by 11/14/2016. Redaction Request due 11/25/2016. Redacted Transcript Deadline set for 12/5/2016. Release of Transcript Restriction set for 2/2/2017. (sdp) (Entered: 11/04/2016)
2016-11-0440NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Hearing on Plf's Motion to Compel Proceedings held on 6/8/16 before Judge Susan P. Baxter. Court Reporter/Transcriber Ron Bench, Telephone number 464-9613. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter/transcriber or viewed at the clerk's office public terminal. Any Notice of Intent to Request Redaction and Redaction Request must be separately mailed to the court reporter of said proceedings. Notice of Intent for Redaction of Personal Data Identifiers due by 11/14/2016. Redaction Request due 11/25/2016. Redacted Transcript Deadline set for 12/5/2016. Release of Transcript Restriction set for 2/2/2017. (sdp) (Entered: 11/04/2016)
2016-11-0441NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Hearing on Pltf's Motion for Status Conference Proceedings held on 10/24/16 before Judge Susan P. Baxter. Court Reporter/Transcriber Ron Bench, Telephone number 464-9613. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter/transcriber or viewed at the clerk's office public terminal. Any Notice of Intent to Request Redaction and Redaction Request must be separately mailed to the court reporter of said proceedings. Notice of Intent for Redaction of Personal Data Identifiers due by 11/14/2016. Redaction Request due 11/25/2016. Redacted Transcript Deadline set for 12/5/2016. Release of Transcript Restriction set for 2/2/2017. (sdp) (Entered: 11/04/2016)
2016-11-1042Minute Entry for proceedings held before Magistrate Judge Susan Paradise Baxter: Status Conference held on 11/10/2016. Attorney Colville is to ask for expedited production of tapes and/or transcripts of tapes of Dawn Pasella and emails from and to Kathryn Clover, to the extent they exist and are releasable, along with a Vaughn index, by the end of the year. (Court Reporter: Ron Bench) (lrw) (Entered: 11/10/2016)
2016-11-1743NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Conference Proceedings held on 11-10-16 before Judge Susan P. Baxter. Court Reporter/Transcriber Ron Bench, Telephone number 464-9613. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter/transcriber or viewed at the clerk's office public terminal. Any Notice of Intent to Request Redaction and Redaction Request must be separately mailed to the court reporter of said proceedings. Notice of Intent for Redaction of Personal Data Identifiers due by 11/25/2016. Redaction Request due 12/8/2016. Redacted Transcript Deadline set for 12/19/2016. Release of Transcript Restriction set for 2/15/2017. (sdp) (Entered: 11/17/2016)
2016-12-2744MOTION to Extend Time to Submit Vaughn Indexes by UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Colville, Michael) (Main Document 44 replaced on 9/9/2019) (sdp) (Entered: 12/27/2016)
2017-01-0345MOTION to Compel U.S. MARSHALS TO SERVE NEW PARTY DEFENDANTS by ANTHONY L. VIOLA. (sdp) (Entered: 01/03/2017)
2017-01-0346MOTION for Limited Discovery by ANTHONY L. VIOLA. (Attachments: # 1 Envelope) (sdp) (Entered: 01/03/2017)
2017-01-03RESPONSE IN OPPOSITION to 44 Motion to Extend Time, filed by ANTHONY L. VIOLA. (No document attached. See Doc. 46 ) (sdp) (Entered: 01/03/2017)
2017-01-0447ORDER granting 44 Motion to Extend Time to Submit Vaughn Indexes. IT IS FURTHER ORDERED, that Defendant, EOUSA shall submit its Vaughn Index on or before January 31, 2017, and Defendant, FBI shall submit its Vaughn Index on or before February 28, 2017. Signed by Magistrate Judge Susan Paradise Baxter on 1/4/17. (lrw) (Entered: 01/04/2017)
2017-01-0548CONFIRMATION THAT THE FBI POSSESSED Voice Recordings at Issue in this case filed by Anthony Viola. (Attachments: # 1 Envelope) (sdp) (Entered: 01/05/2017)
2017-01-1049TEXT ORDER denying 46 Motion for Limited Discovery, without prejudice to Plaintiff's right to re-file the motion if appropriate records aren't produced on or before the dates specified in this Court's Order of January 4, 2017. Signed by Magistrate Judge Susan Paradise Baxter on 01/10/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (fcf) (Entered: 01/10/2017)
2017-01-2450ORDER denying 45 Motion to Compel US Marshals to serve new party Defendants, as a service Order has already been issued and service is being processed accordingly. Signed by Magistrate Judge Susan Paradise Baxter on 01/24/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (fcf) (Entered: 01/24/2017)
2017-01-3151RESPONSE to the Order of Court Dated January 4, 2017 to 47 Order on Motion to Extend Time, filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit A) (Colville, Michael) (Entered: 01/31/2017)
2017-02-0652NOTICE that service was mailed to Kathryn Clover and Cuyahoga County Mortgage Fraud Task Force/co Cuyahoga County. (sdp) Modified on 2/6/2017. (sdp) (Entered: 02/06/2017)
2017-02-1553EXHIBITS in Support by ANTHONY L. VIOLA. (Attachments: # 1 Envelope) (dm) (Entered: 02/15/2017)
2017-02-2354MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION AND FAILURE TO STATE A CLAIM by KATHRYN CLOVER, pro se. (sdp) (Entered: 02/24/2017)
2017-02-2355BRIEF in Support re 54 Motion to Dismiss for Failure to State a Claim filed by KATHRYN CLOVER. (sdp) (Entered: 02/24/2017)
2017-02-2756MOTION for attorney Charles E. Hannan to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-4251703) by CUYAHOGA COUNTY MORTGAGE FRAUD TASK FORCE. (Hannan, Charles) (Entered: 02/27/2017)
2017-02-2757MOTION for Extension of Time to File Answer re 31 Amended Complaint, filed by ANTHONY L. VIOLA, 52 Notice filed by ANTHONY L. VIOLA by CUYAHOGA COUNTY MORTGAGE FRAUD TASK FORCE. (Hannan, Charles) (Entered: 02/27/2017)
2017-02-2758RESPONSE to 47 Order on Motion to Extend Time, filed by UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Exhibit A) (Colville, Michael) (Entered: 02/27/2017)
2017-02-28CLERK'S OFFICE QUALITY CONTROL MESSAGE re 57 Motion for Extension of Time to File Answer. ERROR: Proposed Order was made part of main document. CORRECTION: Attorney advised that in future proposed orders are to be made attachments to the main document. This message is for informational purposes only. (sdp) (Entered: 02/28/2017)
2017-02-2859Proposed Order re 56 Motion to Appear Pro Hac Vice by CUYAHOGA COUNTY MORTGAGE FRAUD TASK FORCE. (Hannan, Charles) (Main Document 59 replaced on 3/1/2017) (sdp). (Entered: 02/28/2017)
2017-02-2860TEXT ORDER granting 57 Motion for Extension of Time to Answer re 31 Amended Complaint, 52 Notice: CUYAHOGA COUNTY MORTGAGE FRAUD TASK FORCE answer due 3/13/2017. Signed by Magistrate Judge Susan Paradise Baxter on 2/28/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lrw) (Entered: 02/28/2017)
2017-03-0261ORDER Response/Briefing Schedule re 54 Motion to Dismiss for Lack of Personal Jurisdiction and Failure to State a Claim: Plaintiff's Response to Motion due by 3/30/2017. Signed by Magistrate Judge Susan Paradise Baxter on 3/2/17. (lrw) (Entered: 03/02/2017)
2017-03-0262TEXT ORDER, all Defendants' Willingness to proceed before Magistrate Judge due by 3/13/2017. Signed by Magistrate Judge Susan Paradise Baxter on 3/2/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lrw) (Entered: 03/02/2017)
2017-03-0863RESPONSE to Motion re 54 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by ANTHONY L. VIOLA. (Attachments: # 1 Envelope) (sdp) (Entered: 03/08/2017)
2017-03-1064MOTION to Dismiss for Lack of Jurisdiction , Fed.R.Civ.P. 12(b)(2) , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , Fed.R.Civ.P. 12(b)(6) by CUYAHOGA COUNTY MORTGAGE FRAUD TASK FORCE. (Attachments: # 1 Exhibit, # 2 Proposed Order) (Hannan, Charles) (Entered: 03/10/2017)
2017-03-1365EXHIBITS in Support of 63 Response to Motion by ANTHONY L. VIOLA. (Attachments: # 1 Envelope) (sdp) (Entered: 03/13/2017)
2017-03-1366ORDER granting 56 Motion for Charles E. Hannan, Esq. to Appear Pro Hac Vice. Signed by Magistrate Judge Susan Paradise Baxter on 03/13/2017. (fcf) (Entered: 03/13/2017)
2017-03-1467ORDER Response/Briefing Schedule re 64 Motion to Dismiss/Lack of Jurisdiction, Motion to Dismiss for Failure to State a Claim: Plaintiff's Response to Motion due by 4/11/2017. Signed by Magistrate Judge Susan Paradise Baxter on 3/14/17. (lrw) (Entered: 03/14/2017)
2017-03-20Case Reassigned to Judge Barbara Rothstein, presiding and Magistrate Judge Susan Paradise Baxter, referral. Motions referred to Susan Paradise Baxter. (dm) (Entered: 03/20/2017)
2017-03-2068REPLY to Response to Motion re 63 Response to Motion filed by KATHRYN CLOVER. (Attachments: # 1 Envelope) (jd) (Entered: 03/20/2017)
2017-03-20MOTION for Protective Order (no document attached, filed at 68 by KATHRYN CLOVER. Motion(s) referred to Susan Paradise Baxter. (jd) (Entered: 03/20/2017)
2017-03-2069MOTION to Quash DEPOSITION NOTICES AND FOR PROTECTIVE ORDER by KATHRYN CLOVER. Motion(s) referred to Susan Paradise Baxter. (jd) (Entered: 03/20/2017)
2017-03-21MOTION for Protective Order by KATHRYN CLOVER. (No document attached. See doc. 69 Motion(s) referred to Susan Paradise Baxter. (sdp) (Entered: 03/21/2017)
2017-03-21Judge Barbara Rothstein no longer assigned to case. (mao) (Entered: 03/21/2017)
2017-03-21Judge Mark R. Hornak is presiding. (mao) (Entered: 03/21/2017)
2017-03-2270MOTION to Take Judicial Notice by ANTHONY L. VIOLA. Motion(s) referred to Susan Paradise Baxter. (Attachments: # 1 Envelope) (sdp) Motion terminated. Redocketed as Supplemental Exhibit to the Amended Complaint. (Entered: 03/22/2017)
2017-03-2271TEXT ORDER Response/Briefing Schedule re 69 Motion to Quash DEPOSITION NOTICES AND FOR PROTECTIVE ORDER: Response to Motion due by 4/3/2017. Signed by Magistrate Judge Susan Paradise Baxter on 3/22/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lrw) (Entered: 03/22/2017)
2017-03-2272Supplemental EXHIBITS in Support of 31 Amended Complaint, by ANTHONY L. VIOLA. (sdp) (Entered: 03/24/2017)
2017-04-0573RESPONSE IN OPPOSITION to 64 Motion to Dismiss/Lack of Jurisdiction, Motion to Dismiss for Failure to State a Claim, filed by ANTHONY L. VIOLA. (Attachments: # 1 Exhibit, # 2 Envelope) (sdp) (Entered: 04/05/2017)
2017-04-1974MOTION for Leave to File Reply Brief in Support of Motion to Dismiss, Fed.R.Civ.P. 12(b)(2), 12(b)(6) by CUYAHOGA COUNTY MORTGAGE FRAUD TASK FORCE. Motion(s) referred to Susan Paradise Baxter. (Attachments: # 1 Proposed Order) (Hannan, Charles) (Entered: 04/19/2017)
2017-04-2075ORDER granting 74 Motion for Leave to File reply brief. Reply due by 4/26/2017. Signed by Magistrate Judge Susan Paradise Baxter on 04/20/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (fcf) (Entered: 04/20/2017)
2017-04-2676MOTION for Extension of Time to File Response/Reply as to 73 Response in Opposition, 75 Order on Motion for Leave to File, by CUYAHOGA COUNTY MORTGAGE FRAUD TASK FORCE. Motion(s) referred to Susan Paradise Baxter. (Attachments: # 1 Proposed Order) (Hannan, Charles) (Entered: 04/26/2017)
2017-04-2777REPLY BRIEF re 64 Motion to Dismiss/Lack of Jurisdiction, Motion to Dismiss for Failure to State a Claim, 73 Response in Opposition filed by CUYAHOGA COUNTY MORTGAGE FRAUD TASK FORCE. (Attachments: # 1 Affidavit) (Hannan, Charles) (Entered: 04/27/2017)
2017-04-2878ORDER granting 76 Motion for Extension of Time to File Response/Reply re 73 Response in Opposition, 75 Order on Motion for Leave to File. Reply due by 4/28/2017. Signed by Magistrate Judge Susan Paradise Baxter on 04/28/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (fcf) (Entered: 04/28/2017)
2017-05-0179RESPONSE to Plaintiff's Opposition to Defendant's Request for a Protective Order filed by KATHRYN CLOVER. (Attachments: # 1 Envelope) (sdp) (Entered: 05/01/2017)
2017-05-0180RESPONSE IN OPPOSITION to 74 Motion for Leave to File, filed by ANTHONY L. VIOLA. (Attachments: # 1 Envelope) (sdp) (Entered: 05/01/2017)
2017-07-2581MOTION to Dismiss or in the Alternative Motion for Summary Judgment re 31 Amended Complaint, by UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. Motion(s) referred to Susan Paradise Baxter. (Attachments: # 1 Proposed Order) (Colville, Michael). Added MOTION for Summary Judgment on 7/26/2017 (sdp). (Entered: 07/25/2017)
2017-07-2582BRIEF in Support re 81 Motion to Dismiss, filed by UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Exhibit A, # 2 Exhibit B, part 1, # 3 Exhibit B, part 2) (Colville, Michael) (Entered: 07/25/2017)
2017-08-0383ORDER Response/Briefing Schedule re 81 Motion to Dismiss, Motion for Summary Judgment: Plaintiff's Response to Motion due by 9/1/2017. Signed by Magistrate Judge Susan Paradise Baxter on 8/3/17. (lrw) (Entered: 08/03/2017)
2017-08-0884REPORT AND RECOMMENDATION that the Motions to Dismiss filed by Defendants Cuyahoga County Mortgage Fraud Task Force 64 and Kathryn Clover 54 be granted. It is further recommended that the Motions for Protective Orders 68 & 69 and Motion to Quash Deposition Notices 69 filed by Kathryn Clover be dismissed as moot. Objections to R&R due by 8/22/2017. Objections to R&R for Unregistered ECF Users due by 8/25/2017. Signed by Magistrate Judge Susan Paradise Baxter on 8/8/17. (lrw) (Entered: 08/08/2017)
2017-08-1785RESPONSE to Motion re 81 MOTION to Dismiss or in the Alternative Motion for Summary Judgment re 31 Amended Complaint, filed by ANTHONY L. VIOLA. (sdp) (Entered: 08/17/2017)
2017-08-1786OBJECTIONS to 84 Report and Recommendation by ANTHONY L. VIOLA. (Attachments: # 1 Envelope) (sdp) (Entered: 08/17/2017)
2017-08-3087BRIEF in Opposition to 86 Objections to Report and Recommendation, 84 REPORT AND RECOMMENDATION re 64 MOTION to Dismiss for Lack of Jurisdiction , Fed.R.Civ.P. 12(b)(2) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , Fed.R.Civ.P. 12(b)(6) filed by CUYAHOGA COUNTY MORTGAGE FRAUD TASK FORCE, 54 Motion to Dismiss for Failure to State a Claim, filed by CUYAHOGA COUNTY MORTGAGE FRAUD TASK FORCE. (Hannan, Charles) (Entered: 08/30/2017)
2017-09-0588BRIEF in Opposition to 86 Objections to Report and Recommendation, filed by KATHRYN CLOVER. (Attachments: # 1 Envelope) (sdp) (Entered: 09/05/2017)
2017-09-1389REPLY to 87 Brief in Opposition, 88 Brief in Opposition, filed by ANTHONY L. VIOLA. (sdp) (Entered: 09/13/2017)
2017-09-2590RESPONSE to 89 Reply filed by KATHRYN CLOVER. (Attachments: # 1 Exhibit, # 2 Envelope) (sdp) (Entered: 09/25/2017)
2017-09-2891MEMORANDUM ORDER. It is hereby ORDERED that 54 Motion to Dismiss filed by Defendant Kathryn Clover is GRANTED, and 68 Motion for Protective Orders and 69 Motion to Quash Deposition Notices filed by Kathryn Clover are DISMISSED AS MOOT. It is further ORDERED that the R&R is vacated without prejudice to further proceedings to the extent of its recommendation as to 64 Motion to Dismiss filed by the Cuyahoga County Mortgage Fraud Task Force. The Clerk is directed to terminate Defendant Clover from this case. The Report and Recommendation of Magistrate Judge Baxter, issued August 8, 2017, is adopted as the Opinion of the Court as expressly modified by this Memorandum Order, and the matter is referred back to the Magistrate Judge for further proceedings. Signed by Judge Mark R. Hornak on 9/28/17. (bdb) (Entered: 09/28/2017)
2017-10-0292ORDER: In light of Judge Hornak's 91 Memorandum Order, both Defendant Cuyahoga County Mortgage Fraud Task Force and Plaintiff are hereby directed to file supplemental briefs addressing the matters raised for the first time in Plaintiff's 86 objections to 84 Report and Recommendation, as more fully delineated in Judge Hornak's Order, by October 27, 2017. Signed by Magistrate Judge Susan Paradise Baxter on 10/2/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (fcf) (Entered: 10/02/2017)
2017-10-2593SUPPLEMENTAL BRIEF by ANTHONY L. VIOLA. (Attachments: # 1 Exhibit, # 2 Envelope) (sdp) (Entered: 10/25/2017)
2017-10-2794BRIEF in Support re 64 Motion to Dismiss/Lack of Jurisdiction, Motion to Dismiss for Failure to State a Claim, filed by CUYAHOGA COUNTY MORTGAGE FRAUD TASK FORCE. (Attachments: # 1 Exhibit Arvin Clar Affidavit, # 2 Exhibit Task Force #08-01 MOU) (Hannan, Charles) (Entered: 10/27/2017)
2017-11-0995RESPONSE to 93 Supplement, filed by KATHRYN COLVER. (Attachments: # 1 Exhibit A, # 2 Envelope) (sdp) (Entered: 11/13/2017)
2017-11-09MOTION to Delcare Plaintiff a Vexatious Litigant by KATHRYN CLOVER. No document attached. See doc. 95 Motion(s) referred to Susan Paradise Baxter. (sdp) (Entered: 11/13/2017)
2017-11-2096RESPONSE IN OPPOSITION to 95 Response, filed by ANTHONY L. VIOLA. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Envelope) (sdp) (Entered: 11/20/2017)
2018-02-0197ORDER denying 95 Motion to declare Plaintiff a vexatious litigant, as Defendant Clover has been terminated as a Defendant in this case and no longer has standing to file motions in this case. Signed by Magistrate Judge Susan Paradise Baxter on 02/1/2018. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (fcf) (Entered: 02/01/2018)
2018-05-1198REPORT AND RECOMMENDATION recommending that 64 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by CUYAHOGA COUNTY MORTGAGE FRAUD TASK FORCE, and 81 MOTION to Dismiss or in the Alternative Motion for Summary Judgment re 31 Amended Complaint filed by UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE, be GRANTED. Objections to R&R due by 5/25/2018 Objections to R&R for Unregistered ECF Users due by 5/29/2018. Signed by Magistrate Judge Susan Paradise Baxter on 05/11/2018. (fcf) (Entered: 05/11/2018)
2018-05-2999OBJECTIONS to 98 Report and Recommendation by ANTHONY L. VIOLA. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Envelope) (sdp) (Entered: 05/29/2018)
2018-06-11100MEMORANDUM ORDER. The 64 Motion to Dismiss filed by Defendant Cuyahoga County Mortgage Fraud Task Force is GRANTED. It is further ORDERED that the 81 Motion for Summary Judgment filed by Defendants United States Department of Justice, Executive Offices of the United States, and Federal Bureau of Investigation is GRANTED. The Clerk of Court is directed to close this case. The Report and Recommendation of Magistrate Judge Baxter, issued May 11, 2018, is adopted as the Opinion of the court. Signed by Judge Mark R. Hornak on 6/11/18. (jad) (Entered: 06/11/2018)
2018-07-09Remark: Copy of 100 MEMORANDUM ORDER, mailed to Plaintiff ANTHONY VIOLA at FCI McKEAN (jd) (Entered: 07/09/2018)
2018-07-13101NOTICE OF APPEAL as to 100 Order Terminate Civil Case Terminate Motions by ANTHONY L. VIOLA. Motion for IFP Granted. Certificate of Appealability N/A. Court Reporter(s): Ron Bench. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. The Transcript Purchase Order form will NOT be mailed to the parties. The form is available on the Court's internet site. (Attachments: # 1 Envelope) (dm) (Entered: 07/13/2018)
2018-07-19102USCA Case Number 18-2573 for 101 Notice of Appeal, filed by ANTHONY L. VIOLA. USCA Case Manager Desiree (DOCUMENT IS RESTRICTED AND CAN ONLY BE VIEWED BY COURT STAFF) (dwb3) (Entered: 07/19/2018)
2018-09-27103ARGUMENT in Support of Appeal. (Attachments: # 1 Exhibit, # 2 Envelope) (sdp) (Entered: 09/27/2018)
2018-09-27NOTIFICATION TO THIRD CIRCUIT COURT OF APPEALS re 103 Notice (sdp) (Entered: 09/27/2018)
2018-09-28104ORDER REASSIGNING CASE. Case reassigned to Judge Susan Paradise Baxter for all further proceedings. Magistrate Judge Susan Paradise Baxter and Judge Mark R. Hornak no longer assigned to case. Signed by Judge Mark R. Hornak on 9/28/18. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) (Entered: 09/28/2018)
2019-01-22105MOTION to Contact the business office at McKean FCI to inquire about payments by ANTHONY L. VIOLA. (sdp) (Entered: 01/22/2019)
2019-01-23106ORDER denying as moot 105 Motion to contact business office re: deduction of funds from prisoner account, as Plaintiff paid the filing fee in full at the outset of this case. In the event Plaintiff is referring to payments for his pending appeal to the Third Circuit Court, Plaintiff is advised to contact the Clerk of that court. Signed by Judge Susan Paradise Baxter on 01/23/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (fcf) (Entered: 01/23/2019)
2019-02-04107Partial Payment of Appeal Filing Fee by ANTHONY L. VIOLA. Fee $65.93, receipt number 14668003894. (sdp) (Entered: 02/12/2019)
2019-04-04108ORDER of USCA as to 101 Notice of Appeal,, filed by ANTHONY L. VIOLA ORDERING the USCA clerk to appoint counsel for appellant. (sdp) (Entered: 04/04/2019)
2019-04-04109ORDER of USCA as to 101 Notice of Appeal,, filed by ANTHONY L. VIOLA that Stephen Raiola, Esq. is appointed to represent appellant in the USCA. (sdp) (Entered: 04/04/2019)
2019-04-09110Appeal Part pay Filing fee: $6.00, receipt number 14668004071 (sdp) (Entered: 04/11/2019)
2019-06-11111Partial Payment of Appeal Filing Fee by ANTHONY L. VIOLA. Fee $27.20, receipt number 14668001464. (elt) (Main Document 111 replaced on 6/21/2019) (sdp) (Entered: 06/11/2019)
2019-08-20112Partial Payment of Appeal Filing Fee by ANTHONY L. VIOLA. Fee $4.80, receipt number 14668004262. (elt) Modified text on 8/21/2019. (sdp) (Entered: 08/20/2019)
2019-09-05113Joint MOTION to Substitute Corrected Redacted Filings by UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Proposed Order, # 2 REDACTED ECF No. 31, # 3 REDACTED ECF No. 44) (Colville, Michael) (Entered: 09/05/2019)
2019-09-06114ORDER granting 113 Defendants' Joint Motion to Substitute Corrected Redacted Filings. The Clerk shall substitute the attached redacted versions of the two documents, ECF Nos. 31 , 44 for the filings currently on the district court docket. Signed by Judge Susan Paradise Baxter on 09/06/19. (esa) (Entered: 09/06/2019)
2019-09-09115Partial Payment of Filing Fee by ANTHONY L. VIOLA. Fee $84.80, receipt number 14668004294. (elt) (Entered: 09/10/2019)
2019-09-27116NOTICE of Filing Correspondence to United States District Judge Susan Paradise Baxter by UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Correspondence) (Colville, Michael) (Entered: 09/27/2019)
2019-10-31117ORDER of USCA granting unopposed motion by Appellees United States Department of Justice and Federal Bureau of Investigation for partial remand (court to retain jurisdiction) to correct and supplement the record. as to 101 Notice of Appeal filed by ANTHONY L. VIOLA (dwb3) (Entered: 10/31/2019)
2019-11-12119Partial Payment of APPEAL Filing Fee by ANTHONY L. VIOLA. Fee $31.87, receipt number 14668004382. (sdp) Modified text on 11/29/2019. (jd) (Entered: 11/20/2019)
2019-12-23120MOTION to Appoint Counsel by ANTHONY L. VIOLA. (Attachments: # 1 Envelope) (elt) (Entered: 12/23/2019)
2019-12-23121Remark: Letter notifying court of pending change of address (elt) (Entered: 12/23/2019)
2020-01-02122TEXT SCHEDULING ORDER re 120 Motion to Appoint Counsel filed by ANTHONY L. VIOLA. Telephonic Status Conference set for 1/13/2020 at 10:00 AM in Room A-240 before Judge Susan Paradise Baxter. Only counsel is required to be present on the phone. Parties are directed to contact the Court at 814-874-5914 at the scheduled time. Signed by Judge Susan Paradise Baxter on 01/02/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (esa) (Entered: 01/02/2020)
2020-01-13Minute Entry for proceedings held before Judge Susan Paradise Baxter: Motion Hearing held on 1/13/2020 re 120 MOTION to Appoint Counsel filed by ANTHONY L. VIOLA. Plaintiff's Motion to Appoint Counsel 120 is granted insofar as this matter will be submitted to panel of attorneys for review for possible representation of Plaintiff. The case will be administratively closed pending review. (Court Reporter: Janis Ferguson) Text-only entry; no PDF document will issue. This text-only entry constitutes a Minute of the Court or Notice on the matter. (esa) (Entered: 01/13/2020)
2020-01-13124ORDER ENTERED directing that pursuant to 28 USC 1915(e)(1) and the court order of 3/24/1999 at Misc. 99-95, the Clerk of Court is directed to request a lawyer to consider entering an appearance on behalf of the plaintiff. Signed by Judge Susan Paradise Baxter on 01/13/2020. (esa) (Entered: 01/13/2020)
2020-01-13125ORDER granting 120 Plaintiff's Motion to Appoint Counsel. Counsel will be requested through the Court's Prisoner Pro Bono Program. Signed by Judge Susan Paradise Baxter on 01/13/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (esa) (Entered: 01/13/2020)
2020-01-21127NOTICE of Change of Address by ANTHONY L. VIOLA Lewisburg Federal Prison Camp, Box 2000, Lewisburg, PA 17837. FILER advised that the change of address has been made on above captioned matter only. If you wish to have address changed on other matters before this court, it is your responsibility to file such a notice at each case number. This NEF has been mailed to ANTHONY L. VIOLA. (Attachments: # 1 Envelope) (sdp) (Entered: 01/21/2020)
2020-03-19IMPORTANT NOTICE: The United States District Court for the Western District of Pennsylvania (WDPA) will be upgrading its current CM/ECF system to the Next Generation of CM/ECF (NextGen CM/ECF) on Monday, May 26, 2020. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found at https://www.pawd.uscourts.gov/nextgen-information. Currently, multiple attorneys within a firm may share a single PACER account. Shared PACER accounts cannot be used by WDPA e-filing attorneys once the WDPA NextGen CM/ECF system is implemented. Each attorney must have an individual upgraded PACER account that will be linked to the e-filing account. If you have an upgraded PACER account, no action is required until after the WDPA NextGen CM/ECF upgrade on May 26, 2020. You have an upgraded PACER account if you (1) e-file in another NextGen court, or (2) created your PACER account after August 10, 2014. If neither of these are true, you must upgrade your legacy PACER account before you will be able to link your PACER account to your current WDPA CM/ECF account for your new NextGen CM/ECF account. Further informational notices will be sent later, but if you have questions about upgrading your PACER account, please contact the PACER Service Center at 800-676-6856. (Administrator, ) (ADI) (Entered: 03/19/2020)
2020-04-21128DECLINATION OF REQUEST to represent indigent litigant (SEALED). (map) (Entered: 04/21/2020)
2020-04-22129DECLINATION OF REQUEST to represent indigent litigant (SEALED). (map) (Entered: 04/22/2020)
2020-04-26IMPORTANT NOTICE: The United States District Court for the Western District of Pennsylvania will be upgrading its current CM/ECF system to the Next Generation of CM/ECF on May 26, 2020. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found here . Preparing for NextGen is a two-step process. The first step is to upgrade any legacy PACER accounts. Each attorney must have an individual upgraded PACER account in order to electronically file after our conversion to NextGen. The second step will be to link that upgraded PACER account with your WDPA CM/ECF account after the Court goes live with NextGen. To link your account, you will need your current e-filing credentials from our Court. If your CM/ECF login contains a special character (such as &, @, $, *), you will need to change it as logins with those characters will be unable to link to PACER accounts. No later than Thursday, May 21, 2020, you should log into both PACER and the current version of CM/ECF to (1) review and record your current e-filing credentials for both, as you will need to know them in order to e-file after May 23, 2020 and (2) ensure that your primary email address to receive Notices of Electronic Filings (NEF) is accurate. Failure to provide an accurate email address may result in a delay in receiving NEFs after the Court converts to NextGen. (Administrator, ) (ADI) (Entered: 04/26/2020)
2020-05-17FINAL NOTICE: In preparation of the Court's conversion to NextGen, our Court's CM/ECF system will be unavailable from 12:00 p.m. (Noon) on Friday, May 22, 2020, until 11:59 pm. Monday, May 25, 2020. Please plan accordingly. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found here . Preparing for NextGen is a two-step process. The first step is to upgrade any legacy PACER accounts. The second step is to link that upgraded PACER account with your WDPA CM/ECF account after the Court goes live with NextGen. To link your account, you will need your current e-filing credentials from our Court. If your CM/ECF login contains any special characters (anything other than a letter or number), you will need to change it as logins with those characters will be unable to link to PACER accounts. No later than Thursday, May 21, 2020, you should log into both PACER and the current version of CM/ECF to review and record your current e-filing credentials for both, as you will need to know them in order to e-file after May 23, 2020. Please consult the Court's administrative order for additional information on deadlines and alternative filing options during this period. (Administrator, ) (ADI) (Entered: 05/17/2020)
2020-05-22130First MOTION to Appoint Counsel Covington & Burling LLP by ANTHONY L. VIOLA. (Attachments: # 1 Proposed Order) (Raiola, Stephen) (Entered: 05/22/2020)
2020-05-22131First MOTION for attorney Stephen Francis Raiola to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-5624645) by ANTHONY L. VIOLA. (Attachments: # 1 Affidavit) (Raiola, Stephen) (Entered: 05/22/2020)
2020-05-26132First MOTION to Correct 131 First MOTION for attorney Stephen Francis Raiola to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-5624645) Proposed Order by ANTHONY L. VIOLA. (Raiola, Stephen) (Entered: 05/26/2020)
2020-05-26133ORDER granting 130 Motion to Appoint Counsel. Appointed Stephen F Raiola for ANTHONY L. VIOLA; granting 131 Motion for Stephen F. Raiola to Appear Pro Hac Vice; granting 132 Motion to Correct. Signed by Judge Susan Paradise Baxter on 05/26/2020. (esa) (Entered: 05/26/2020)
2020-07-10134ORDER of USCA Motion by Appellees to expand the scope of the partial remand (Court to Retain Jurisdiction) is granted. as to 101 Notice of Appeal filed by ANTHONY L. VIOLA (dwb3) (Entered: 07/10/2020)
2020-10-22135MOTION to Withdraw as Attorney by ANTHONY L. VIOLA. (Attachments: # 1 Proposed Order) (Raiola, Stephen) (Entered: 10/22/2020)
2020-10-26136TEXT SCHEDULING ORDER re 135 Motion to Withdraw as Attorney filed by ANTHONY L. VIOLA. Telephonic Motion Hearing set for 11/6/2020 at 01:30 PM before Judge Susan Paradise Baxter. All parties, including Plaintiff Anthony Viola, are required to be present on the phone. Contact the Court at 888-363-4749 and use access code 7686665. Notice of this hearing will be mailed to Plaintiff at 2820 Mayfield Road #205, Cleveland Heights, Ohio 44118. Signed by Judge Susan Paradise Baxter on 10/26/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (esa) (Entered: 10/26/2020)
2020-10-29138First MOTION for attorney Mark D. Herman to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-6041715) by ANTHONY L. VIOLA. (Attachments: # 1 Affidavit, # 2 Proposed Order) (Herman, Mark) (Entered: 10/29/2020)
2020-10-30139ORDER: In light of the filing of a 138 pro hac vice motion on behalf of Mark Herman, Esq., IT IS HEREBY ORDERED that both attorneys Stephen Raiola and Mark Herman appear at the telephonic conference scheduled for November 6, 2020, at 1:30 p.m. Signed by Judge Susan Paradise Baxter on 10/30/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (fcf) (Entered: 10/30/2020)
2020-11-04140MOTION to Amend 3 Complaint by ANTHONY L. VIOLA. (Attachments: # 1 amended complaint, # 2 Exhibit A-F, # 3 Exhibit G, # 4 Exhibit G continued) (sdp) (Entered: 11/04/2020)
2020-11-04141RESPONSE to Motion re 135 MOTION to Withdraw as Attorney filed by ANTHONY L. VIOLA. (Attachments: # 1 Exhibit, # 2 Exhibit) (sdp) (Entered: 11/04/2020)
2020-11-04142MOTION to Refer Government Admissions to the DOJ Office of the Inspector General by ANTHONY L. VIOLA. (Attachments: # 1 Envelope) (sdp) (Entered: 11/04/2020)
2020-11-04143EXHIBITS H-Z in Support by ANTHONY L. VIOLA. (sdp) (Entered: 11/04/2020)
2020-11-05144MOTION for attorney Jake A. Elliott to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-6059349) by CUYAHOGA COUNTY MORTGAGE FRAUD TASK FORCE. (Attachments: # 1 Affidavit, # 2 Proposed Order) (Elliott, Jake) (Entered: 11/05/2020)
2020-11-06145ORDER granting 144 Motion for Jake A. Elliot to Appear Pro Hac Vice. Signed by Judge Susan Paradise Baxter on 11/6/2020. (esa) (Entered: 11/06/2020)
2020-11-06Minute Entry for proceedings held before Judge Susan Paradise Baxter: Motion Hearing held on 11/6/2020 re 135 MOTION to Withdraw as Attorney filed by ANTHONY L. VIOLA. Separate Order to follow. (Court Reporter: Janis Ferguson) Text-only entry; no PDF document will issue. This text-only entry constitutes a Minute of the Court or Notice on the matter. (esa) (Entered: 11/06/2020)
2020-11-06146TEXT SCHEDULING ORDER. Telephonic Hearing on motions pending before the Court set for 11/19/2020 at 01:30 PM before Judge Susan Paradise Baxter. All parties, including the Plaintiff, are required to be present. Contact the Court at 888-363-4749 and use access code 7686665. Notice of this hearing will be mailed to Plaintiff at 2820 Mayfield Road #205, Cleveland Heights, Ohio 44118. Counsel should be prepared to address whether the Motion to Withdraw as Attorney 135 is appropriate for consideration before the Court of Appeals as it retained jurisdiction of the case 134 . Signed by Judge Susan Paradise Baxter on 11/6/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (esa) (Entered: 11/06/2020)
2020-11-12148NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings re Motion Hearing held on November 6, 2020 before Judge Baxter. Court Reporter/Transcriber Janis Ferguson, Telephone number 814-464-9613. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter/transcriber or viewed at the clerk's office public terminal. Any Notice of Intent to Request Redaction and Redaction Request must be separately mailed to the court reporter of said proceedings. Notice of Intent for Redaction of Personal Data Identifiers due by 11/19/2020. Redaction Request due 12/3/2020. Redacted Transcript Deadline set for 12/14/2020. Release of Transcript Restriction set for 2/10/2021. (jlf) Modified on 11/25/2020 (sdp). Modified on 12/15/2020 (sdp). Modified on 2/19/2021 (sdp). (Entered: 11/12/2020)
2020-11-20149ORDER denying without prejudice 135 Motion to Withdraw as Attorney and dismissing without prejudice 140 Plaintiff's pro se motions to amend complaint and 142 to refer government admissions to the DOJ Office of the Inspector General, as Plaintiff was represented by counsel at the time he filed said motions. Signed by Judge Susan Paradise Baxter on 11/20/2020. (esa) (Entered: 11/20/2020)
2020-12-09151NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings re Motion Hearing held on November 19, 2020 before Judge Susan Paradise Baxter. Court Reporter/Transcriber Janis Ferguson, Telephone number 814-464-0613. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter/transcriber or viewed at the clerk's office public terminal. Any Notice of Intent to Request Redaction and Redaction Request must be separately mailed to the court reporter of said proceedings. Notice of Intent for Redaction of Personal Data Identifiers due by 12/16/2020. Redaction Request due 12/30/2020. Redacted Transcript Deadline set for 1/11/2021. Release of Transcript Restriction set for 3/9/2021. (jlf) Modified on 12/18/2020 (sdp). Modified on 1/12/2021 (sdp). Modified on 3/10/2021 (sdp). (Entered: 12/09/2020)
2020-12-15152MOTION to Extend Time to Complete the FOIA Review and to Submit Vaughn Index by UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Exhibit A, # 2 Proposed Order) (Colville, Michael) (Entered: 12/15/2020)
2020-12-21153RESPONSE to Motion re 152 MOTION to Extend Time to Complete the FOIA Review and to Submit Vaughn Index filed by ANTHONY L. VIOLA. (Raiola, Stephen) (Entered: 12/21/2020)
2021-01-22154RESPONSE to 149 Order on Motion to Withdraw as Attorney,, Order on Motion to Amend,, Order on Motion for Miscellaneous Relief,, filed by UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Colville, Michael) (Entered: 01/22/2021)
2021-01-22155ORDER: AND NOW, this 22nd day of January, 2021, IT IS HEREBY ORDERED that Defendant FBI's motion for enlargement of time to complete the FOIA review and to submit Vaughn index [ECF No. 152] is DENIED, without prejudice to Defendant's right to re-file its request closer to the March 31, 2021 deadline, at which time significant progress toward completion of the review and production process must be demonstrated beyond the 500 page per month rate Defendant has proposed, which is unacceptable. In the event significant progress is not demonstrated as of the March 31, 2021 deadline, appropriate sanctions may be imposed at the Court's discretion. Signed by Judge Susan Paradise Baxter on 1/22/2021. (esa) (Entered: 01/22/2021)
2021-02-25156RESPONSE to 154 Response,, filed by ANTHONY L. VIOLA. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Exhibit) (Raiola, Stephen) (Entered: 02/25/2021)
2021-03-23157MOTION to Extend Time to Submit Updated Vaughn Index and Declaration by UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Exhibit A, # 2 Proposed Order) (Colville, Michael) (Entered: 03/23/2021)
2021-03-24158ORDER granting 157 Motion to Extend Time to Submit Updated Vaughn Index. IT IS FURTHER ORDERED that Defendant FBI shall have until May 28, 2021 to prepare an updated Vaughn Index and supporting declaration. Signed by Judge Susan Paradise Baxter on 3/24/2021. (esa) (Entered: 03/24/2021)
2021-03-30159ORDER granting 138 Motion for Mark D. Herman to Appear Pro Hac Vice. Signed by Judge Susan Paradise Baxter on 3/30/21. (esa) (Entered: 03/30/2021)
2021-04-20160Second MOTION to Withdraw as Attorney by ANTHONY L. VIOLA. (Attachments: # 1 Proposed Order) (Raiola, Stephen) (Entered: 04/20/2021)
2021-04-20161MOTION for attorney Amee Frodle to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-6469322) by ANTHONY L. VIOLA. (Attachments: # 1 Affidavit, # 2 Proposed Order) (Frodle, Amee) (Entered: 04/20/2021)
2021-04-20162ORDER granting 160 Motion to Withdraw as Attorney. Attorney Stephen F Raiola terminated. Signed by Judge Susan Paradise Baxter on 4/20/2021. (esa) (Entered: 04/20/2021)
2021-04-22163ORDER granting 161 Motion for Amee Frodle to Appear Pro Hac Vice. Signed by Judge Susan Paradise Baxter on 4/22/2021. (esa) (Entered: 04/22/2021)
2021-05-27164RESPONSE to 149 Order on Motion to Withdraw as Attorney,, Order on Motion to Amend,, Order on Motion for Miscellaneous Relief,, filed by UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Exhibit A, Declaration of Michael Seidel, # 2 Exhibit A-M, # 3 Exhibit N) (Colville, Michael) (Entered: 05/27/2021)
2021-06-04165Unopposed MOTION for Schedule to Complete Plaintiff's Objections to Defendant FBI's Response to the Order Dated November 20, 2020 by ANTHONY L. VIOLA. (Attachments: # 1 Proposed Order) (Frodle, Amee) (Entered: 06/04/2021)
2021-06-08166ORDER granting 165 Motion for Schedule to Complete Plaintiff's Objection to FBI's Response to the Order Dated November 20, 2020. IT IS FURTHER ORDERED that Plaintiff Anthony Viola's response and objections to Defendant FBI's log of withheld discovery is due on June 30, 2021. Signed by Judge Susan Paradise Baxter on 6/7/2021. (esa) (Entered: 06/08/2021)
2021-06-30167RESPONSE to 164 Response,, filed by ANTHONY L. VIOLA. (Attachments: # 1 Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R, # 20 Exhibit S, # 21 Exhibit T, # 22 Exhibit U) (Frodle, Amee) (Entered: 06/30/2021)
2021-07-21168MOTION for Leave to File Consolidated Response by UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Proposed Order) (Colville, Michael) (Entered: 07/21/2021)
2021-07-22169ORDER granting 168 Motion for Leave to File consolidated response to objections. Response due August 23, 2021. Signed by Judge Susan Paradise Baxter on 07/22/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (fcf) (Entered: 07/22/2021)
2021-08-23170RESPONSE to 167 Response,, filed by UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Colville, Michael) (Entered: 08/23/2021)
2021-08-30171Unopposed MOTION for Leave to File Reply to Defendants Consolidated Response by ANTHONY L. VIOLA. (Attachments: # 1 Proposed Order) (Frodle, Amee) (Entered: 08/30/2021)
2021-09-21172ORDER granting 171 Unopposed Motion for Leave to File a Reply to Defendants' Consolidated Response to Plaintiff's Objections to the Declarations and Vaughn Indexes Filed by Defendants in Response to the Order of the Court Dated November 20, 2020. Plaintiff Anthony Viola's reply is due on or before October 22, 2021. Signed by Judge Susan Paradise Baxter on 9/21/2021. (esa) (Entered: 09/21/2021)
2021-10-22173REPLY to 170 Response, filed by ANTHONY L. VIOLA. (Attachments: # 1 Declaration of Amee Frodle, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C) (Frodle, Amee) (Entered: 10/22/2021)
2022-02-04174MOTION to Withdraw as Attorney by ANTHONY L. VIOLA. (Attachments: # 1 Proposed Order) (Frodle, Amee) (Entered: 02/04/2022)
2022-04-07175TEXT SCHEDULING ORDER: Telephonic Status Conference set for 4/14/2022 at 11:00 AM before Judge Susan Paradise Baxter. Parties are directed to contact the Court at 888-363-4749 and use access code 7686665. Signed by Judge Susan Paradise Baxter on 4/7/22. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (esa) (Entered: 04/07/2022)
2022-04-14Minute Entry for proceedings held before Judge Susan Paradise Baxter: Telephonic Status Conference held on 4/14/2022. Argument heard on counsel's motion to withdraw. Opinion and Order to follow. (Court Reporter: Janis Ferguson) Text-only entry; no PDF document will issue. This text-only entry constitutes a Minute of the Court or Notice on the matter. (esa) (Entered: 04/14/2022)
2022-04-21176NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings re Status Conference held on April 14, 2022 before Judge Susan Paradise Baxter. Court Reporter/Transcriber Janis Ferguson, Telephone number 814-464-9613. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter/transcriber or viewed at the clerk's office public terminal. Any Notice of Intent to Request Redaction and Redaction Request must be separately mailed to the court reporter of said proceedings. Notice of Intent for Redaction of Personal Data Identifiers due by 4/28/2022. Redaction Request due 5/12/2022. Redacted Transcript Deadline set for 5/23/2022. Release of Transcript Restriction set for 7/20/2022. (jlf) Modified on 4/29/2022 (sdp). Modified on 5/24/2022 (sdp). (Entered: 04/21/2022)
2022-06-10177ORDER: AND NOW, this 10th day of June 2022; IT IS HEREBY ORDERED that, this Court's prior Order of June 11, 2018, ECF No. 100 , granting, inter alia, the motion for summary judgment filed by Defendants FBI and EOUSA, ECF No. 81 , is reaffirmed on the record that has now been corrected and supplemented in accordance with the narrow mandate of the partial remand from the Third Circuit Court. IT IS FURTHER ORDERED that the motion for leave to withdraw as counsel filed by Plaintiff's attorneys, Mark D. Herman, Esquire, Aimee Frodle, Esquire, and the law firm of Covington & Burling LLP, ECF No. 174 , is GRANTED. The Clerk is directed to mark this case closed. Signed by Judge Susan Paradise Baxter on 6/10/22. (esa) (Entered: 06/10/2022)
2022-06-27178NOTICE OF APPEAL as to 177 Order on Motion to Withdraw as Attorney,, by ANTHONY L. VIOLA. Motion for IFP n/a. Certificate of Appealability n/a. Court Reporter(s): Janis Ferguson. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. The Transcript Purchase Order form will NOT be mailed to the parties. The form is available on the Court's internet site. (Attachments: # 1 Envelope) (sdp) (Entered: 06/27/2022)
2022-06-27179LETTER from Clerk to ANTHONY L. VIOLA re 178 Notice of Appeal,, to pay appeal filing fee or submit a motion for leave to appeal in forma pauperis. (sdp) (Entered: 06/27/2022)
2022-06-27180CORRECTIVE ENTRY re 179 Letter to pay appeal filing fee. CORRECTED PARTY INFORMATION. (sdp) (Entered: 06/27/2022)
2022-06-29181USCA Case Number 22-2186 for 178 Notice of Appeal, filed by ANTHONY L. VIOLA. USCA Case Manager Desiree (DOCUMENT IS RESTRICTED AND CAN ONLY BE VIEWED BY COURT STAFF) (dwb3) (Entered: 06/29/2022)
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