Case: Common Cause v. Presidential Advisory Commission on Election Integrity

Common Cause v. Presidential Advisory Commission on Electoral Integrity

Common Cause v. Presidential Advisory Commission on Electoral Integrity

Robert Timothy Reagan

COMPLAINT against PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. SOCIAL SECURITY ADMINISTRATION ( Filing fee $ 400 receipt number 0090-5032548) filed by COMMON CAUSE. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Related Cases, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons)(Guzman, Javier) (Entered: 07/14/2017)

1 Civil Cover Sheet

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2 Exhibit Related Cases

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3 Summons

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4 Summons

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5 Summons

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6 Summons

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7 Summons

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Case Assigned to Judge Colleen Kollar-Kotelly. (sb)

LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by COMMON CAUSE (Guzman, Javier) (Entered: 07/17/2017)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Karianne M. Jones, :Firm- Democracy Forward Foundation, :Address- P.O. Box 34553. Phone No. - 202-448-9090. Filing fee $ 100, receipt number 0090-5034467. Fee Status: Fee Paid. by COMMON CAUSE (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Guzman, Javier) (Entered: 07/17/2017)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Josephine Morse, :Firm- Democracy Forward Foundation, :Address- P.O. Box 34553. Phone No. - 202-448-9090. Filing fee $ 100, receipt number 0090-5034518. Fee Status: Fee Paid. by COMMON CAUSE (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Guzman, Javier) (Entered: 07/17/2017)

SUMMONS (5) Issued Electronically as to PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. SOCIAL SECURITY ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachments # 1 Consent Form)(zsb) (Entered: 07/18/2017)

Case directly reassigned to Judge Royce C. Lamberth as related to 17-cv-1355 (RCL). Judge Colleen Kollar-Kotelly is no longer assigned to the case. (ztnr) (Entered: 07/21/2017)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY served on 7/24/2017; U.S. DEPARTMENT OF HOMELAND SECURITY served on 7/24/2017; U.S. SOCIAL SECURITY ADMINISTRATION served on 7/24/2017 (Attachments: # 1 Affidavit)(Guzman, Javier) (Entered: 07/27/2017)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/24/2017. (Attachments: # 1 Affidavit)(Guzman, Javier) (Entered: 07/27/2017)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/24/2017. Answer due for ALL FEDERAL DEFENDANTS by 9/22/2017. (Attachments: # 1 Affidavit)(Guzman, Javier) (Entered: 07/27/2017)

WITHDRAWN PURSUANT TO NOTICE FILED 8/3/2017..... MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by COMMON CAUSE (Attachments: # 1 Memorandum in Support, # 2 Exhibit Flynn Declaration, # 3 Exhibit McClenaghan Declaration, # 4 Exhibit Gutierrez Declaration, # 5 Text of Proposed Order)(Guzman, Javier) Modified on 8/4/2017 (znmw). (Entered: 07/28/2017)

1 Memorandum in Support

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2 Exhibit Flynn Declaration

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3 Exhibit McClenaghan Declaration

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4 Exhibit Gutierrez Declaration

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5 Text of Proposed Order

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NOTICE of Appearance by Joseph Evan Borson on behalf of All Defendants (Borson, Joseph) (Entered: 07/31/2017)

NOTICE of Appearance by Elizabeth J. Shapiro on behalf of All Defendants (Shapiro, Elizabeth) (Entered: 07/31/2017)

NOTICE of Scrivener's Error by COMMON CAUSE re 10 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction (Guzman, Javier) (Entered: 07/31/2017)

MINUTE ORDER Setting Hearing on Motion 10 for Temporary Restraining Order on 8/1/2017 at 10:30 AM in Courtroom 15 before Judge Royce C. Lamberth. So ordered by Judge Royce C. Lamberth on 7/31/17. (lsj) Modified on 7/31/2017 (zlsj).

NOTICE of Appearance by Kristina Ann Wolfe on behalf of PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. SOCIAL SECURITY ADMINISTRATION (Wolfe, Kristina) (Entered: 07/31/2017)

NOTICE of Appearance by Carol Federighi on behalf of All Defendants (Federighi, Carol) (Entered: 07/31/2017)

ORDER granting 3 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Royce C. Lamberth on 8/1/17. (lsj) (Entered: 08/01/2017)

ORDER granting 4 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Royce C. Lamberth on 8/1/17. (lsj) (Entered: 08/01/2017)

Minute Entry for Motion Hearing held before Judge Royce C. Lamberth on 8/1/2017. Motion 10 for Temporary Restraining Order, argued. For reasons stated on the record, it is hereby ORDERED that the Motion for Preliminary Injunction is RESERVED and the Motion for Temporary Restraining Order is DENIED. Court Reporter Janice Dickman. (lsj)

ORDER denying 10 Motion for Temporary Restraining Order. Signed by Judge Royce C. Lamberth on 8/1/17. (lsj) (Entered: 08/01/2017)

TRANSCRIPT OF PROCEEDINGS before Judge Royce C. Lamberth held on August 1, 2017; Page Numbers: 1-41. Date of Issuance: August 3, 2017. Court Reporter/Transcriber Janice Dickman, Telephone number 202-354-3267, Transcripts may be ordered by submitting the <a href="http://www.dcd.uscourts.gov/node/110">Transcript Order Form</a><P></P><P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P>NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.<P></P> Redaction Request due 8/24/2017. Redacted Transcript Deadline set for 9/3/2017. Release of Transcript Restriction set for 11/1/2017.(Dickman, Janice) (Entered: 08/03/2017)

NOTICE OF WITHDRAWAL OF MOTION by COMMON CAUSE re 10 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction (Guzman, Javier) (Entered: 08/03/2017)

AMENDED COMPLAINT against PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY, U.S. DEPARTMENT OF HOMELAND SECURITY, KRIS W. KOBACH filed by COMMON CAUSE, Thomas Kennedy, Anthony Gutierrez, Jan Cantler, Ellen Nakhnikian. (Attachments: # 1 Notice to Counsel/Party of Filing Amended Complaint, # 2 Summons to Kris Kobach, US Attorney General, and US Attorney)(Perryman, Skye) (Entered: 09/13/2017)

1 Notice to Counsel/Party of Filing Amended Complaint

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2 Summons to Kris Kobach, US Attorney General, and US Attorney

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SUMMONS (1) Issued Electronically as to KRIS W. KOBACH. (nmw) (Entered: 09/14/2017)

SUMMONS (2) Reissued Electronically as to U.S. Attorney, U.S. Attorney General. (nmw) (Entered: 09/14/2017)

Unopposed MOTION for Extension of Time to Respond to Amended Complaint and Joint Proposed Briefing Schedule by KRIS W. KOBACH, PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. SOCIAL SECURITY ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Wolfe, Kristina) (Entered: 09/22/2017)

1 Text of Proposed Order

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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. KRIS W. KOBACH served on 9/18/2017, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/18/2017., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/18/2017. ( Answer due for ALL FEDERAL DEFENDANTS by 11/17/2017.) (Attachments: # 1 Declaration of Benjamin Link)(Perryman, Skye) (Entered: 09/22/2017)

ORDER granting 24 Motion for Extension of Time. Signed by Judge Royce C. Lamberth on 9/27/17. (lcrcl2) (Entered: 09/27/2017)

MOTION to Dismiss Amended Complaint by KRIS W. KOBACH, PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. SOCIAL SECURITY ADMINISTRATION (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Text of Proposed Order)(Borson, Joseph) (Entered: 10/18/2017)

1 Memorandum in Support

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Text of Proposed Order

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Unopposed MOTION for Extension of Time to File Response/Reply as to 27 MOTION to Dismiss Amended Complaint by JAN CANTLER, COMMON CAUSE, ANTHONY GUTIERREZ, THOMAS KENNEDY, ELLEN NAKHNIKIAN (Attachments: # 1 Text of Proposed Order)(Perryman, Skye) (Entered: 10/26/2017)

ORDER granting 28 Motion for Extension of Time to File Response/Reply. It is furthered ORDERED that the Defendants Response to Dispositive Motions due by 12/15/2017. Signed by Judge Royce C. Lamberth on 11/9/17. (lsj) (Entered: 11/09/2017)

Memorandum in opposition to re 27 MOTION to Dismiss Amended Complaint filed by JAN CANTLER, COMMON CAUSE, ANTHONY GUTIERREZ, THOMAS KENNEDY, ELLEN NAKHNIKIAN. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Perryman, Skye) (Entered: 11/28/2017)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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NOTICE attaching Appendix of Unpublished Authority and Proposed Order by JAN CANTLER, COMMON CAUSE, ANTHONY GUTIERREZ, THOMAS KENNEDY, ELLEN NAKHNIKIAN re 30 Memorandum in Opposition, (Attachments: # 1 Appendix of Unpublished Authority, # 2 Text of Proposed Order)(Perryman, Skye) (Entered: 11/28/2017)

1 Appendix of Unpublished Authority

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2 Text of Proposed Order

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MOTION for Discovery Concerning Jurisdiction, In The Alternative by JAN CANTLER, COMMON CAUSE, ANTHONY GUTIERREZ, THOMAS KENNEDY, ELLEN NAKHNIKIAN (Attachments: # 1 Text of Proposed Order)(Perryman, Skye) (Entered: 11/28/2017)

1 Text of Proposed Order

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Unopposed MOTION for Extension of Time to File Response/Reply as to 32 MOTION for Discovery Concerning Jurisdiction, In The Alternative by KRIS W. KOBACH, PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. SOCIAL SECURITY ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Wolfe, Kristina) (Entered: 12/04/2017)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- David A. Newman, :Firm- Morrison & Foerster LLP, :Address- 2000 Pennsylvania Avenue NW, Washington, D.C. 20006. Phone No. - 202-887-1500. Fax No. - 202-887-0763 Filing fee $ 100, receipt number 0090-5234801. Fee Status: Fee Paid. by National Security and Technology Officials (Attachments: # 1 Declaration of David A. Newman in Support, # 2 Text of Proposed Order)(Geltzer, Joshua) (Entered: 12/05/2017)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Robert S. Litt, :Firm- Morrison & Foerster LLP, :Address- 2000 Pennsylvania Avenue NW, Washington, D.C. 20006. Phone No. - 202-887-1500. Fax No. - 202-887-0763 Filing fee $ 100, receipt number 0090-5234819. Fee Status: Fee Paid. by National Security and Technology Officials (Attachments: # 1 Declaration of Robert S. Litt in Support, # 2 Text of Proposed Order)(Geltzer, Joshua) (Entered: 12/05/2017)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Sophia M. Brill, :Firm- Morrison & Foerster LLP, :Address- 2000 Pennsylvania Avenue NW, Washington, D.C. 20006. Phone No. - 202-887-1500. Fax No. - 202-887-0763 Filing fee $ 100, receipt number 0090-5234820. Fee Status: Fee Paid. by National Security and Technology Officials (Attachments: # 1 Declaration of Sophia M. Brill in Support, # 2 Text of Proposed Order)(Geltzer, Joshua) (Entered: 12/05/2017)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Robert Junie-Taj Moore, :Firm- Morrison & Foerster LLP, :Address- 250 W. 55th Street, New York, NY 10019. Phone No. - 212-468-8000. Fax No. - 212-468-0800 Filing fee $ 100, receipt number 0090-5234825. Fee Status: Fee Paid. by National Security and Technology Officials (Attachments: # 1 Declaration of Robert Moore in Support, # 2 Text of Proposed Order)(Geltzer, Joshua) (Entered: 12/05/2017)

MOTION for Leave to File Brief of Former National Security and Technology Officials as Amici Curiae Supporting Plaintiffs' Memorandum in Opposition to Defendants' Motion to Dismiss by National Security and Technology Officials (Attachments: # 1 Brief of Former National Security and Technology Officials as Amici Curiae Supporting Plaintiffs' Memorandum, # 2 Text of Proposed Order)(Geltzer, Joshua) (Entered: 12/05/2017)

1 Brief of Former National Security and Technology Officials as Amici Curiae Supp

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2 Text of Proposed Order

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ORDER granting 33 Motion for Extension of Time to File Response/Reply re 33 Unopposed MOTION for Extension of Time to File Response/Reply as to 32 MOTION for Discovery; Set/Reset Deadlines: Response due by 12/15/2017. Signed by Judge Royce C. Lamberth on 12-11-17. (lcrcl2)

MINUTE ORDER granting 33 Motion for Extension of Time to File Response/Reply re 33 Unopposed MOTION for Extension of Time to File Response/Reply as to 32 MOTION for Discovery; Set/Reset Deadlines: Response due by 12/15/2017. Signed by Judge Royce C. Lamberth on 12-11-17. (lcrcl2) Modified event title on 12/12/2017 (znmw).

REPLY to opposition to motion re 27 MOTION to Dismiss Amended Complaint filed by KRIS W. KOBACH, PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. SOCIAL SECURITY ADMINISTRATION. (Borson, Joseph) (Entered: 12/15/2017)

Memorandum in opposition to re 32 MOTION for Discovery Concerning Jurisdiction, In The Alternative filed by KRIS W. KOBACH, PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. SOCIAL SECURITY ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Borson, Joseph) (Entered: 12/15/2017)

1 Text of Proposed Order

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REPLY to opposition to motion re 32 MOTION for Discovery Concerning Jurisdiction, In The Alternative filed by JAN CANTLER, COMMON CAUSE, ANTHONY GUTIERREZ, THOMAS KENNEDY, ELLEN NAKHNIKIAN. (Perryman, Skye) (Entered: 12/22/2017)

NOTICE of Executive Order by KRIS W. KOBACH, PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. SOCIAL SECURITY ADMINISTRATION (Attachments: # 1 Exhibit Executive Order)(Borson, Joseph) (Entered: 01/03/2018)

NOTICE of Errata by JAN CANTLER, COMMON CAUSE, ANTHONY GUTIERREZ, THOMAS KENNEDY, ELLEN NAKHNIKIAN re 17 Order on Motion for Leave to Appear Pro Hac Vice (Attachments: # 1 Errata Letter to Clerk of Court)(Guzman, Javier) (Entered: 01/26/2018)

NOTICE by JAN CANTLER, COMMON CAUSE, ANTHONY GUTIERREZ, THOMAS KENNEDY, ELLEN NAKHNIKIAN (Guzman, Javier) (Entered: 02/12/2018)

ORDER granting 34 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Royce C. Lamberth on 3/19/18. (lsj) (Entered: 03/19/2018)

ORDER granting 35 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Royce C. Lamberth on 3/19/18. (lsj) (Entered: 03/19/2018)

ORDER granting 36 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Royce C. Lamberth on 3/19/18. (lsj) (Entered: 03/19/2018)

ORDER granting 37 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Royce C. Lamberth on 3/19/18. (lsj) (Entered: 03/19/2018)

NOTICE OF WITHDRAWAL OF APPEARANCE as to JAN CANTLER, COMMON CAUSE, ANTHONY GUTIERREZ, THOMAS KENNEDY, ELLEN NAKHNIKIAN. Attorney Skye L. Perryman terminated. (Morse, Josephine) (Entered: 05/03/2018)

ORDER directing the parties to meet & confer and submit a status report to the Court by 8/3/2018. Signed by Judge Royce C. Lamberth on 7/20/18. (lsj) (Entered: 07/24/2018)

Joint STATUS REPORT by KRIS W. KOBACH, PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. SOCIAL SECURITY ADMINISTRATION. (Borson, Joseph) (Entered: 08/03/2018)

ORDER denying as moot 27 Motion to Dismiss; denying 32 Motion for Discovery and denying 38 Motion for Leave to File. Signed by Judge Royce C. Lamberth on 8/8/18. (lsj) (Entered: 08/13/2018)

NOTICE of Deletion by KRIS W. KOBACH, PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. SOCIAL SECURITY ADMINISTRATION (Attachments: # 1 Declaration of Charles C. Herndon)(Borson, Joseph) (Entered: 08/29/2018)

STIPULATION of Dismissal by JAN CANTLER, COMMON CAUSE, ANTHONY GUTIERREZ, THOMAS KENNEDY, ELLEN NAKHNIKIAN. (Morse, Josephine) (Entered: 08/29/2018)