1
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COMPLAINT against ACT, Inc., National Conference of Bar Examiners filed by Deanna L. Jones. (Attachments: # 1 Civil Cover Sheet)(law) (Entered: 07/01/2011)
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July 1, 2011
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July 1, 2011
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2
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MOTION for Preliminary Injunction filed by Deanna L. Jones ***Declaration of Michele B. Patton, and exhibits thereto, withdrawn on 7/26/2011 pursuant to 41 *** (Attachments: # 1 Memorandum in Support, # 2 Declaration of Michele B. Patton, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Declaration of Stephen A. Feltus, # 14 Exhibit A, # 15 Declaration of Geoff Howard, # 16 Exhibit A)(law) (Entered: 07/01/2011)
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July 1, 2011
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July 1, 2011
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3
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MOTION for Appearance Pro Hac Vice filed by Deanna L. Jones (Attachments: # 1 Affidavit of Scott C. LaBarre, Esq., # 2 Certificate of Good Stand (Scott C. LaBarre))(law) (Entered: 07/01/2011)
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July 1, 2011
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July 1, 2011
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4
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AFFIDAVIT of Timothy R. Elder, Esq. re: 3 MOTION for Appearance Pro Hac Vice by Deanna L. Jones. (Attachments: # 1 Certificate of Good Standing)(law) (Entered: 07/07/2011)
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July 7, 2011
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July 7, 2011
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5
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AFFIDAVIT of Daniel F. Goldstein, Esq. re: 3 MOTION for Appearance Pro Hac Vice by Deanna L. Jones. (Attachments: # 1 Certificate of Good Standing)(law) (Entered: 07/07/2011)
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July 7, 2011
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July 7, 2011
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6
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AFFIDAVIT of Trevor Coe re: 3 MOTION for Appearance Pro Hac Vice by Deanna L. Jones. (Attachments: # 1 Certificate of Good Standing)(law) (Entered: 07/07/2011)
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July 7, 2011
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July 7, 2011
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7
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DECLARATION of Deanna L. Jones re: 2 MOTION for Preliminary Injunction by Deanna L. Jones. (Attachments: # 1 Exhibit A (redacted), # 2 Exhibit A (unredacted, image is sealed))(law) (Attachments 1 and 2 replaced on 7/18/2011) (law). (Entered: 07/08/2011)
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July 7, 2011
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July 7, 2011
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18
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DECLARATION of Frederick K. Schroeder re: 2 Motion for Preliminary Injunction by Deanna L. Jones. (Attachments: # 1 Exhibit A) (pam) Link added on 7/15/2011 (jlh). (Entered: 07/15/2011)
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July 8, 2011
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July 8, 2011
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19
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DECLARATION of Blanch Podhajski by Deanna L. Jones. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (pam) (Entered: 07/15/2011)
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July 8, 2011
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July 8, 2011
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8
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NOTICE of Hearing re: 2 MOTION for Preliminary Injunction. Motion Hearing set for 7/22/2011, 9:30 AM in Burlington Courtroom 440 before Chief Judge Christina Reiss. (pjl) (Entered: 07/11/2011)
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July 11, 2011
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July 11, 2011
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9
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ORDER granting 3 Motion for Admission Pro Hac Vice re: Daniel F. Goldstein, Esq., Trevor Coe, Esq., Timothy R. Elder, Esq., and Scott C. LaBarre, Esq. for the Plaintiff. Signed by Chief Judge Christina Reiss on 7/11/2011. (This is a text only Order.) (cle) (Entered: 07/12/2011)
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July 12, 2011
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July 12, 2011
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10
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CERTIFICATE OF SERVICE by Deanna L. Jones re 8 Notice of Hearing on 2 Motion for Preliminary Injunction. (pam) (Entered: 07/13/2011)
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July 13, 2011
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July 13, 2011
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11
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NOTICE OF APPEARANCE by Karen McAndrew on behalf of National Conference of Bar Examiners. (McAndrew, Karen) (Entered: 07/14/2011)
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July 14, 2011
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July 14, 2011
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12
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NOTICE OF APPEARANCE by Robert B. Hemley on behalf of ACT, Inc.. (Attachments: # 1 Certificate of Service)(Hemley, Robert) (Entered: 07/14/2011)
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July 14, 2011
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July 14, 2011
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13
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AFFIDAVIT of Service for Summons, 1 Complaint, 2 Motion for Preliminary Injunction, 3 Motion for Appearance Pro Hac Vice served on ACT, Inc. on 7/6/2011 filed by Deanna L. Jones. (pam) (Entered: 07/14/2011)
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July 14, 2011
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July 14, 2011
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14
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AFFIDAVIT of Service for Summons, 1 Complaint, 2 Motion for Preliminary Injunction, 3 Motion for Appearance Pro Hac Vice served on National Conference of Bar Examiners on 7/6/2011 filed by Deanna L. Jones. (pam) (Entered: 07/14/2011)
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July 14, 2011
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July 14, 2011
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15
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SUMMONS RETURNED Executed. National Conference of Bar Examiners served on 7/6/2011, answer due 7/27/2011. (pam) (Entered: 07/14/2011)
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July 14, 2011
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July 14, 2011
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16
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STIPULATION to Voluntary Dismiss Act, Inc. as a Defendant without Prejudice by Deanna L. Jones. (Attachments: # 1 Certificate of Service)(Joselson, Emily) (Main Document 16 replaced and attachment added on 7/18/2011: # 2 Text of Proposed Order) (law). (Entered: 07/14/2011)
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July 14, 2011
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July 14, 2011
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17
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MOTION to Continue Hearing on 2 Motion for Preliminary Injunction filed by National Conference of Bar Examiners (Attachments: # 1 Exhibit A, # 2 Exhibit
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July 14, 2011
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July 14, 2011
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21
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RESPONSE in Opposition re 17 MOTION to Continue Hearing on 2 Motion for Preliminary Injunction filed by Deanna L. Jones. (Attachments: # 1 Affidavit of Declaration of Daniel F. Goldstein, Esq., # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Certificate of Service)(Joselson, Emily) Text of attachments clarified on 7/18/2011 (law). (Entered: 07/15/2011)
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July 15, 2011
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July 15, 2011
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22
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NOTICE OF DOCKET ENTRY CORRECTION re: 16 Stipulation to Voluntarily Dismiss ACT, Inc. as a Defendant Without Prejudice filed by Deanna L. Jones. The main document image contained that of the proposed order. The images have been broken apart and reattached to the entry of 16 . The images are also attached to this entry. (Attachments: # 1 Text of Proposed Order) (law) (Entered: 07/18/2011)
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July 18, 2011
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July 18, 2011
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23
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NOTICE OF DOCKET ENTRY CORRECTION re: 7 DECLARATION of Deanna L. Jones re: 2 MOTION for Preliminary Injunction filed by Deanna L. Jones. The original document image(s) were missing Pages 2 and 3. The complete images are now attached to 7 and are also attached to this entry. (Attachments: # 1 Exhibit A (unredacted, image is sealed)) (law) (Entered: 07/18/2011)
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July 18, 2011
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July 18, 2011
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24
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**WITHDRAWN** DECLARATION of Michael Shamos re: 2 MOTION for Preliminary Injunction by Deanna L. Jones. (Attachments: # 1 Exhibit Resume of Michael Ian Shamos, # 2 Certificate of Service)(Joselson, Emily) Withdrawn on 7/19/2011 pursuant to 26 . (Entered: 07/18/2011)
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July 18, 2011
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July 18, 2011
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25
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MOTION in Limine to Bar Computer Demonstration During Preliminary Injunction Hearing filed by National Conference of Bar Examiners (Attachments: # 1 Exhibit A)(McAndrew, Karen) (Entered: 07/18/2011)
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July 18, 2011
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July 18, 2011
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26
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WITHDRAWAL of Document by Deanna L. Jones re 24 Declaration. (Attachments: # 1 Certificate of Service)(Joselson, Emily) (Entered: 07/19/2011)
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July 19, 2011
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July 19, 2011
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27
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REPLY to Response to 17 MOTION to Continue Hearing on 2 Motion for Preliminary Injunction filed by National Conference of Bar Examiners. (McAndrew, Karen) (Entered: 07/19/2011)
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July 19, 2011
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July 19, 2011
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28
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ORDER deferring ruling on 25 Motion in Limine. The court will address this motion as an evidentiary challenge at its July 22, 2011 hearing. Signed by Chief Judge Christina Reiss on 7/19/2011. (This is a text only Order.) (cle) (Entered: 07/19/2011)
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July 19, 2011
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July 19, 2011
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29
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ORDER denying 17 Motion to Continue. Plaintiff was entitled to request a hearing date for her pending motion for preliminary injunction and did not engage in a prohibited ex parte communication in doing so. While the better practice would be to communicate, in advance, with identified defense counsel regarding available dates, Plaintiff apparently did not do so. The court has attempted to accommodate both parties' needs in scheduling two days for hearing. The court will address Defendant's argument that Plaintiff manufactured her own emergency in the context of the pending motion. Signed by Chief Judge Christina Reiss on 7/19/2011. (This is a text only Order.) (cle) (Entered: 07/19/2011)
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July 19, 2011
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July 19, 2011
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30
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AFFIDAVIT of Caroline M. Mew re: 20 MOTION for Appearance Pro Hac Vice by National Conference of Bar Examiners. (Attachments: # 1 Certificate of Good Standing, # 2 Certificate of Service)(law) (Entered: 07/20/2011)
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July 19, 2011
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July 19, 2011
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31
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AFFIDAVIT of Robert A. Burgoyne re: 20 MOTION for Appearance Pro Hac Vice by National Conference of Bar Examiners. (Attachments: # 1 Certificate of Good Standing)(law) (Entered: 07/20/2011)
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July 19, 2011
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July 19, 2011
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32
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NOTICE of Statement of Interest by United States of America re 2 MOTION for Preliminary Injunction (Kerest, Nikolas) (Main Document 32 replaced on 7/20/2011) (law). (Entered: 07/20/2011)
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July 20, 2011
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July 20, 2011
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34
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RESPONSE in Opposition re 2 MOTION for Preliminary Injunction filed by National Conference of Bar Examiners. (Attachments: # 1 Declaration of Erica Moeser, # 2 Exhibit A, # 3 Exhibit B, # 4 Declaration of Kent Brye, # 5 Declaration of Derek Binkley, # 6 Declaration of Joan Van Tol, # 7 Exhibit A, # 8 Declaration of Caroline Mew, # 9 Exhibit 1, # 10 Exhibit 2, # 11 Exhibit 3, # 12 Exhibit 4, # 13 Exhibit 5, # 14 Exhibit 6, # 15 Exhibit 7, # 16 Exhibit 8, # 17 Exhibit 9)(McAndrew, Karen) Attachment descriptions clarified on 7/21/2011 (law). (Entered: 07/20/2011)
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July 20, 2011
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July 20, 2011
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35
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MOTION for Summary Judgment filed by National Conference of Bar Examiners (Attachments: # 1 Statement of Undisputed Material Facts, # 2 Declaration of Erika Moeser, # 3 Exhibit A, # 4 Exhibit B, # 5 Declaration of Derek Binkley, # 6 Declaration of Joan Van Tol, # 7 Exhibit A, # 8 Declaration of Caroline Mew, # 9 Exhibit 1, # 10 Exhibit 2, # 11 Exhibit 3, # 12 Exhibit 4, # 13 Exhibit 5, # 14 Exhibit 6, # 15 Exhibit 7, # 16 Exhibit 8, # 17 Exhibit 9, # 18 Exhibit 10, # 19 Exhibit 11)(McAndrew, Karen) Description of attachments clarified on 7/21/2011 (law). (Entered: 07/20/2011)
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July 20, 2011
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July 20, 2011
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36
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ORDER granting 20 Motion for Admission Pro Hac Vice re: Robert A. Burgoyne, Esq. and Caroline M. Mew, Esq. Signed by Chief Judge Christina Reiss on 7/20/2011. (This is a text only Order.) (cle) (Entered: 07/21/2011)
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July 21, 2011
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July 21, 2011
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37
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RESPONSE to the 34 RESPONSE in Opposition re 2 MOTION for Preliminary Injunction by National Conference of Bar Examiners. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(McAndrew, Karen) Links added on 7/22/2011 (law). (Entered: 07/21/2011)
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July 21, 2011
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July 21, 2011
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38
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ORDER: re 16 Stipulation to Voluntarily Dismiss ACT, Inc. as a Defendant Without Prejudice . ACT, Inc. terminated. Signed by Chief Judge Christina Reiss on 7/22/2011. (pam) (Entered: 07/22/2011)
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July 22, 2011
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July 22, 2011
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40
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MINUTE ENTRY for proceedings held before Chief Judge Christina Reiss: Motion Hearing held on 7/22/2011 re 2 MOTION for Preliminary Injunction. Pltf present with Attorneys D. Goldstein, E. Joselson, M. Patton, T. Elder, and T. Coe. Attorneys K. McAndrew, C. Mew, and R. Burgoyne present on behalf of Def. The following witnesses, sworn by the clerk, testified on behalf of the pltf: Deanna Jones and Blanch Podhajski. Document 25 MOTION in Limine to Bar Computer Demonstration During Preliminary Injunction Hearing Orally Withdrawn. Hearing ends at 4:30 p.m. Hearing to continue on 8/1/2011 10:00 AM in Rutland Courtroom before Chief Judge Christina Reiss. (Court Reporter: A. Henry) (hbc) Text clarified to add reference to 25 on 8/30/2011 (jlh). (Entered: 07/25/2011)
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July 22, 2011
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July 22, 2011
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39
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NOTICE of Hearing re: 2 MOTION for Preliminary Injunction. Continuation of Motion Hearing set for 8/1/2011 at 10:00 AM in Rutland Courtroom before Chief Judge Christina Reiss. (pam) (Entered: 07/25/2011)
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July 25, 2011
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July 25, 2011
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41
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NOTICE of Document Withdrawal by Deanna L. Jones re 2 Motion for Preliminary Injunction; Declaration of Michele B. Patton (attachments 2 − 12) withdrawn. (pam) (Entered: 07/26/2011)
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July 26, 2011
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July 26, 2011
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42
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DECLARATION of Michele B. Patton re: 2 MOTION for Preliminary Injunction by Deanna L. Jones. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D (image is sealed), # 5 Exhibit E (unredacted/sealed), # 6 Exhibit E (redacted), # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J) (pam) (Entered: 07/26/2011)
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July 26, 2011
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July 26, 2011
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43
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ANSWER to 1 Complaint by National Conference of Bar Examiners.(McAndrew, Karen) (Entered: 07/27/2011)
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July 27, 2011
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July 27, 2011
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44
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CORPORATE DISCLOSURE STATEMENT pursuant to Local Rule 7.1(a) by National Conference of Bar Examiners. (McAndrew, Karen) (Entered: 07/27/2011)
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July 27, 2011
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July 27, 2011
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46
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SECOND DECLARATION of Joan Van Tol re: 35 MOTION for Summary Judgment, 2 MOTION for Preliminary Injunction by National Conference of Bar Examiners. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(McAndrew, Karen) Link added &text clarified on 7/29/2011 (law). (Entered: 07/28/2011)
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July 28, 2011
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July 28, 2011
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47
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CERTIFICATE OF SERVICE by National Conference of Bar Examiners re 46 Declaration (McAndrew, Karen) (Entered: 07/28/2011)
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July 28, 2011
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July 28, 2011
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49
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MINUTE ENTRY for proceedings held before Chief Judge Christina Reiss: Hearing held on 8/1/2011 re: 2 MOTION for Preliminary Injunction. D. Goldstein, Esq., T. Coe, Esq., E. Joselson, Esq. &M. Patton, Esq. present with plaintiff. R. Burgoyne, Esq., K. McAndrew, Esq. &C. Mew, Esq. present for dft. N. Kerest, AUSA present for gov't. Hearing continued from 7/22/2011. The following witnesses were sworn by the Clerk and examined for the pltf: Stephen Feltus &Geoffrey Howard. Erica Moeser was sworn by the clerk and examined as a witness for the dft. Counsel make statements and court makes inquiries. Evidence closed at 4:30. Closing arguments by counsel. ORDERED: A ruling on the motion will be filed by noon on 8/2/2011. (Court Reporter: Anne Henry) (pjl) (Entered: 08/02/2011)
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Aug. 1, 2011
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Aug. 1, 2011
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48
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ORDER granting 2 Motion for Preliminary Injunction. Signed by Chief Judge Christina Reiss on 8/2/2011. (pam)
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Aug. 2, 2011
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Aug. 2, 2011
RECAP
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50
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CERTIFICATE of Counsel re 48 Order on Motion for Preliminary Injunction by Emily J. Joselson, Esq on behalf of Deanna L. Jones (Attachments: # 1 Certificate of Service)(Joselson, Emily) (Entered: 08/03/2011)
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Aug. 3, 2011
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Aug. 3, 2011
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51
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MOTION to Modify 48 Order on Motion for Preliminary Injunction and MOTION for a Conditional Stay filed by National Conference of Bar Examiners. (McAndrew, Karen). Added MOTION to Stay on 8/5/2011 (law). (Entered: 08/04/2011)
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Aug. 4, 2011
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Aug. 4, 2011
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52
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ORDER granting in part 51 MOTION to Modify Preliminary Injunction and Conditional Motion for a Stay. The court grants modification of 48 Order as to NCBE providing Plaintiff with updated versions of the ZoomText and Kurzweil 3000 software. Signed by Chief Judge Christina Reiss on 8/5/2011. (This is a text only Order.) (pjl) (Entered: 08/05/2011)
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Aug. 5, 2011
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Aug. 5, 2011
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53
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NOTICE of Withdrawal of Pending Summary Judgment Motion by National Conference of Bar Examiners re 35 MOTION for Summary Judgment (McAndrew, Karen) (Entered: 08/11/2011)
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Aug. 11, 2011
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Aug. 11, 2011
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54
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NOTICE OF APPEAL as to 48 Order on Motion for Preliminary Injunction by National Conference of Bar Examiners (McAndrew, Karen) (Entered: 08/15/2011)
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Aug. 15, 2011
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Aug. 15, 2011
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55
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RESPONSE in Opposition re 51 MOTION to Modify 48 Order on Motion for Preliminary Injunction and MOTION for a Conditional Stay filed by Deanna L. Jones. (Attachments: # 1 Certificate of Service)(Joselson, Emily) (Entered: 08/15/2011)
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Aug. 15, 2011
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Aug. 15, 2011
|
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USCA Appeal Fees received $455.00; receipt number 4682006021 re: 54 Notice of Appeal filed by dft National Conference of Bar Examiners (kac) (Entered: 08/16/2011)
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Aug. 16, 2011
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Aug. 16, 2011
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56
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APPEAL RECORD Sent to USCA Circuit No. 11−3355−cv (Electronic File). Indexed record on Appeal for 54 Notice of Appeal transmitted to U.S. Court of Appeals. (gmg) (Entered: 09/02/2011)
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Sept. 2, 2011
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Sept. 2, 2011
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57
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OPINION AND ORDER denying 51 Motion for Further Modification of 48 Preliminary Injunction and Conditional Motion for a Stay. Signed by Chief Judge Christina Reiss on 9/7/2011. (pam) (Entered: 09/07/2011)
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Sept. 7, 2011
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Sept. 7, 2011
RECAP
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58
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STIPULATION to Partial Stay filed by Deanna L. Jones, National Conference of Bar Examiners, Inc. (Attachments: # 1 Certificate of Service).(Joselson, Emily) Filer added and text clarified on 9/10/2011 (law). (Entered: 09/08/2011)
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Sept. 8, 2011
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Sept. 8, 2011
PACER
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59
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ORDER approving 58 Parties' Stipulation to Partial Stay. Signed by Chief Judge Christina Reiss on 10/19/2011. (This is a text only Order.)(cle) (Entered: 10/20/2011)
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Oct. 20, 2011
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Oct. 20, 2011
PACER
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60
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UNOPPOSED MOTION to Amend 1 Complaint filed by Deanna L. Jones. (Attachments: # 1 Proposed Amended Complaint (redlined), # 2 Proposed Amended Complaint) (pam) (Entered: 12/28/2011)
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Dec. 28, 2011
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Dec. 28, 2011
PACER
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61
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ORDER granting 60 UNOPPOSED MOTION to 1 Amend Complaint. Signed by Chief Judge Christina Reiss on 12/29/2011. (This is a text only Order.) (pjl) (Entered: 12/29/2011)
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Dec. 29, 2011
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Dec. 29, 2011
PACER
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62
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AMENDED COMPLAINT against National Conference of Bar Examiners filed by Deanna L. Jones. (pam) (Entered: 12/30/2011)
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Dec. 29, 2011
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Dec. 29, 2011
PACER
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63
|
ANSWER to 62 Amended Complaint by National Conference of Bar Examiners.(McAndrew, Karen) (Entered: 01/13/2012)
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Jan. 13, 2012
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Jan. 13, 2012
PACER
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64
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Entry has been removed from the docket. (Entered: 04/26/2012)
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April 26, 2012
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April 26, 2012
PACER
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65
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NOTICE OF DOCKET ENTRY REMOVAL. Document 64 has been removed from the docket as being entered prematurely. (jlh) (Entered: 05/17/2012)
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May 17, 2012
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May 17, 2012
PACER
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66
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MANDATE of USCA Circuit No. 11-3355-cv as to 54 Notice of Appeal. The appeal of the judgment is dismissed as moot and case is remanded to the district court for further proceedings. (law) (Entered: 05/17/2012)
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May 17, 2012
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May 17, 2012
PACER
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67
|
LETTER re: status report by National Conference of Bar Examiners. (Attachments: # 1 Certificate of Service)(McAndrew, Karen) Text clarified on 6/17/2012 (law). (Entered: 06/14/2012)
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June 14, 2012
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June 14, 2012
PACER
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68
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NOTICE of Hearing: Status Conference set for 7/9/2012 at 9:30 AM in Rutland Courtroom before Chief Judge Christina Reiss. (pam) (Entered: 06/22/2012)
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June 22, 2012
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June 22, 2012
PACER
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69
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MINUTE ENTRY for proceedings held before Chief Judge Christina Reiss: Status Conference held on 7/9/2012. D. Goldstein, Esq., E. Joselson, Esq., M. Patton, Esq. & T. Coe, Esq. present for pltf. K. McAndrew, Esq. & R. Burgoyne, Esq. present for dfts. All parties present by telephone. Court makes inquiries and counsel make statements. Counsel states that settlement is in progress except for settlement of fees for which a deadline of 9/30/12 has been set. If the fee issue is not resolved by then, the parties will notify the court. Counsel will submit a stipulation as to partial settlement within the next two weeks. (Court Reporter: Anne Henry) (pjl) (Entered: 07/09/2012)
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July 9, 2012
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July 9, 2012
PACER
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70
|
STIPULATION by National Conference of Bar Examiners, Deanna L. Jones. (Attachments: # 1 Certificate of Service)(McAndrew, Karen) Filer added on 7/23/2012 (jlh). (Entered: 07/18/2012)
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July 18, 2012
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July 18, 2012
PACER
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71
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STIPULATION AND ORDER re: Partial Settlement. Motion to recover fees due by 10/1/2012. Response due 10/22/2012. Reply due by 10/29/2012. Signed by Chief Judge Christina Reiss on 7/23/2012. (pam) (Entered: 07/24/2012)
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July 24, 2012
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July 24, 2012
PACER
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72
|
JOINT MOTION for Entry of Final Judgment filed by Deanna L. Jones, National Conference of Bar Examiners. (Attachments: # 1 Proposed Final Judgment, # 2 Certificate of Service)(McAndrew, Karen) (Entered: 08/09/2012)
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Aug. 9, 2012
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Aug. 9, 2012
PACER
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73
|
JUDGMENT Amended Complaint dismissed with prejudice. Plaintiff awarded two hundred and seventy five thousand dollars ($275,000) in attorneys' fees and costs, to be paid by or on behalf of Defendant National Conference of Bar Examiners. Signed by Chief Judge Christina Reiss on 8/13/2012. (pam) (Entered: 08/14/2012)
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Aug. 13, 2012
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Aug. 13, 2012
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