Plaintiff Richard P. Nordan, as Ancillary Administrator for the separate Estates of Stephen S. Helvenston, Mike R. Teague, Jerko Gerald Zovko and Wesley J. K. Batalona, filed a wrongful death and fraudulent misrepresentation action against defendants Blackwater Security Consulting, LLC, Blackwater Lodge and Training Center, Inc., Justin L. McQuown and Thomas Powell. Plaintiff alleged that defendants Blackwater Security Consulting, LLC and Blackwater Lodge and Training Center, Inc. sent the decedents on a security mission without providing them with the protections, tools and information that defendants had represented would be provided to allow them to perform their job.
Date Filed
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Docket Text
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| January 24, 2005 |
1
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Notice of Removal from Wake Co. Superior Court (05-CVS-000173) - Plaintiff alleges Wrongful Death and Fraudulent Misrepresentation in Contract. (State court pleadings attached including:
complaint, summons, motion & order granting motion for pro hac vice, discovery documents and affidavits) - Asking compensatory and punitive damages and costs. JURY DEMAND by plaintiff.
(ll) (Entered: January 26, 2005)
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| January 24, 2005 |
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Filing Fee Paid; FILING FEE $ 150.00 RECEIPT # 105 20261 (ll) (Entered: January 26, 2005)
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| January 24, 2005 |
2
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Notice of attorney appearance for Blackwater Security, Blackwater Lodge & Training by Fred Fielding, Barbara Van Gelder, Margaret A. Ryan and Scott M. McCaleb of Washington, DC. (ll)
(Entered: January 26, 2005)
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| January 26, 2005 |
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(ll) (Entered: January 26, 2005)
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| January 26, 2005 |
3
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Motion by Blackwater Security, Blackwater Lodge & T, Justin L. McQuown, Thomas Powell to dissolve ex parte state court orders permitting notice of deposition. 1c: to Chief Judge
Flanagan. (dr) (Entered: January 27, 2005)
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| January 26, 2005 |
4
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Memorandum by Blackwater Security, Blackwater Lodge & T, Justin L. McQuown, Thomas Powell in support of [3-1] to dissolve ex parte state court orders permitting notice of deposition.
(dr) (Entered: January 27, 2005)
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| January 31, 2005 |
5
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Motion by Blackwater Security, Blackwater Lodge & Training Center to dismiss to Rule 12(b)(6) & 9(b) of the F.R.C.P. (dr) (Entered: February 3, 2005)
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| January 31, 2005 |
6
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Memorandum by Blackwater Security, Blackwater Lodge & T in support of [5-1] motion to dismiss to Rule 12(b)(6) & 9(b) of the F.R.C.P. w/attachments. (dr) (Entered: February 3, 2005)
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| February 1, 2005 |
7
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Notice of attorney appearance for Justin L. McQuown by Patricia L. Holland, Rachel Beaulieu Esposito (dr) Modified on 02/07/2005 (Entered: February 7, 2005)
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| February 1, 2005 |
8
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Motion by Justin L. McQuown to dismiss pursuant to Rule 12(b)(6) of the F.R.C.P. (dr) (Entered: February 7, 2005)
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| February 1, 2005 |
9
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Memorandum by Justin L. McQuown in support of [8-1] motion to dismiss pursuant to Rule 12(b)(6) of the F.R.C.P. (dr) (Entered: February 7, 2005)
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| February 3, 2005 |
10
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Order denying [3-1] motion to dissolve ex parte state court orders permitting notice of deposition. signed by Chief Judge Louise W. Flanagan. cys dist. (dr) Modified on 02/07/2005 (Entered:
02/03/2005)
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| February 3, 2005 |
11
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Response by Justin L. McQuown to [3-1] motion to dissolve ex parte state court orders permitting notice of deposition. 1c: to Cheif Judge Flanagan. (dr) (Entered: February 7, 2005)
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| February 11, 2005 |
12
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Motion by Richard P. Nordan, Estate of Helvenston, Estate of Teague, Estate of Zovko, Estate of Batalona to remand (dr) (Entered: February 14, 2005)
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| February 11, 2005 |
13
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Memorandum by Richard P. Nordan, Estate of Helvenston, Estate of Teague, Estate of Zovko, Estate of Batalona in support of [12-1] motion to remand. (dr) (Entered: February 14, 2005)
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| February 11, 2005 |
14
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Affidavit of Marc P. Miles Re: [12-1] motion to remand (dr) (Entered: February 14, 2005)
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| February 11, 2005 |
15
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Notice of attorney appearance pursuant to Local Rule 83.1 for Richard P. Nordan, Estate of Helvenston, Estate of Teague, Estate of Zovko, Estate of Batalona by Daniel J. Callahan, Brian J.
McCormack, and Marc P. Miles (dr) (Entered: February 14, 2005)
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| February 22, 2005 |
16
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Memorandum by Richard P. Nordan, Estate of Helvenston, Estate of Teague, Estate of Zovko, Estate of Batalona in opposition to [5-1] motion to dismiss to Rule 12(b)(6) & 9(b) of the
F.R.C.P. (dr) (Entered: February 24, 2005)
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| February 22, 2005 |
17
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Document filed by plaintiff Richard P. Nordan, plaintiff Estate of Helvenston, plaintiff Estate of Teague, plaintiff Estate of Zovko, plaintiff Estate of Batalona titled: Plaintiff's
Evidentiary Objections to Evidence submitted by Blackwater Defendants in support of their motion to dismiss (dr) (Entered: February 24, 2005)
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| February 22, 2005 |
18
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Affidavit of Marc P. Miles Re: [16-1] opposition memorandum and request for Judicial Notice. (dr) (Entered: February 24, 2005)
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| February 22, 2005 |
19
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Memorandum by Richard P. Nordan, Estate of Helvenston, Estate of Teague, Estate of Zovko, Estate of Batalona in opposition to [8-1] motion to dismiss pursuant to Rule 12(b)(6) of the
F.R.C.P. (dr) (Entered: February 24, 2005)
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| March 7, 2005 |
20
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Memorandum by Justin L. McQuown in opposition to [12-1] motion to remand. (dr) (Entered: March 10, 2005)
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| March 7, 2005 |
21
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Memorandum by Blackwater Security, Blackwater Lodge & Training Center in opposition to [12-1] motion to remand w/attachments. (dr) Modified on 03/10/2005 (Entered: March 10, 2005)
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| March 7, 2005 |
22
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Declaration of Keith Flicker Re: [21-1] opposition memorandum (dr) (Entered: March 10, 2005)
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| March 7, 2005 |
23
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Declaration Gary C. Jackson Re: [21-1] opposition memorandum (dr) (Entered: March 10, 2005)
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| March 7, 2005 |
24
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Declaration of David V. Jackson Re: [21-1] opposition memorandum. (dr) (Entered: March 10, 2005)
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| March 11, 2005 |
25
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Reply by Blackwater Security, Blackwater Lodge & T to response to [5-1] motion to dismiss to Rule 12(b)(6) & 9(b) of the F.R.C.P. (dr) (Entered: March 14, 2005)
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| March 11, 2005 |
26
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Reply by Justin L. McQuown to response to [8-1] motion to dismiss pursuant to Rule 12(b)(6) of the F.R.C.P. (dr) (Entered: March 15, 2005)
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| March 17, 2005 |
27
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Document filed by plaintiff Richard P. Nordan, plaintiff Estate of Helvenston, plaintiff Estate of Teague, plaintiff Estate of Zovko, plaintiff Estate of Batalona titled: Plf's evidentiary
objections to evidence submitted by Blackwater def's in support of their opposition to the motion to remand. (dr) (Entered: March 24, 2005)
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| March 17, 2005 |
28
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Reply by Richard P. Nordan, Estate of Helvenston, Estate of Teague, Estate of Zovko, Estate of Batalona to response to [12-1] motion to remand. (dr) (Entered: March 24, 2005)
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| March 17, 2005 |
29
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Reply by Richard P. Nordan, Estate of Helvenston, Estate of Teague, Estate of Zovko, Estate of Batalona to response to [12-1] motion to remand. (dr) (Entered: March 24, 2005)
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| March 21, 2005 |
30
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Document filed by defendant Blackwater Security, defendant Blackwater Lodge & Training Center titled: Opposition to plf's objections to evidence on the motion to remand. (dr) (Entered:
03/24/2005)
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| March 24, 2005 |
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Motion(s) submitted: [12-1] motion to remand submitted, [8-1] motion to dismiss pursuant to Rule 12(b)(6) of the F.R.C.P. submitted, [5-1] motion to dismiss to Rule 12(b)(6) & 9(b) of
the F.R.C.P. submitted to Chief Judge Flanagan for consideration. (dr) (Entered: March 24, 2005)
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| April 12, 2005 |
31
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Notice of voluntary dismissal. NOTICE IS HEREBY GIVEN that pursuant to F.R.C.P. 41(a)(1)(i), Plf voluntarily dismisses the above-captioned action against def. Thomas Powell *ONLY* without
prejudice. (dr) (Entered: April 14, 2005)
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| June 20, 2005 |
32
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Document filed by defendant Blackwater Security, defendant Blackwater Lodge & Training titled: Notice of Subsequently Decided Authority and Clarification of Removal Notice. 1c: to Chief
Judge Flanagan (dr) (Entered: June 20, 2005)
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| June 28, 2005 |
33
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Response by Richard P. Nordan in opposition to [32-1] Notice of Subsequently Decided Authority and Objection to Clarification of Removal Notice. 1c: Chief Judge Flanagan. (ll) (Entered:
07/01/2005)
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| July 1, 2005 |
34
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Reply by Blackwater Security, Blackwater Lodge & Training to response to plf's objection to def's clarification of removal notice & objection to plf's argument on subsequent
authority. (dr) (Entered: July 6, 2005)
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| July 8, 2005 |
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Case file updated & resubmitted to chambers. (dr) (Entered: July 8, 2005)
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| August 11, 2005 |
35
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Order granting [12-1] motion to remand, denying [8-1] motion to dismiss pursuant to Rule 12(b)(6) of the denying [5-1] motion to dismiss to Rule 12(b)(6) & 9(b) of the F.R.C.P. The
court GRANTS plf's motion to remand. The court DENIES AS MOOT def's motions to dismiss brought under F.R.C.P. 12(b)(6) and 9(b). This case is hereby REMANDED to the Superior Court of Wake
County, North Carolina. The Clerk is DIRECTED to serve a copy of this order on the Clerk of Superior Court of Wake County, North Carolina signed by Chief Judge Louise W. Flanagan, USDJ. cys
dist. (dr) (Entered: August 11, 2005)
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| August 11, 2005 |
36
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Judgment for Estate of Batalona, Estate of Zovko, Estate of Teague, Estate of Helvenston, Richard P. Nordan against Justin L. McQuown, Blackwater Lodge & T, Blackwater Security IT IS
ORDERED, ADJUDGED and DECREED that the court GRANTS plaintiff's motion to remand, pursuant to 28 U.S.C. 1447(c). Where the court lacks subject matter jurisdiction over this action, the
court DENIES AS MOOT defendants' motions to dismiss brought under F.R.C.P. 12(b)(6) and 9(b). This case is hereby REMANDED to the Superior Court of Wake Co. The Clerk is DIRECTED to serve a
copy of this order on the Clerk of Superior Court of Wake Co signed by Cheif Judge Louise W. Flanagan, USDJ. cys dist. (dr) (Entered: August 11, 2005)
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| August 11, 2005 |
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Case closed non-perm. (dr) (Entered: August 11, 2005)
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| August 30, 2005 |
37
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Notice of appeal by Blackwater Lodge & T, Blackwater Security (rp) (Entered: September 9, 2005)
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| August 30, 2005 |
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USCA appeal fees received: APPEAL FEE $ 255.00 RECEIPT # 104 20538 (rp) (Entered: September 9, 2005)
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| August 31, 2005 |
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Notice of appeal & case file forwarded to appeals clerk in Raleigh. (dr) (Entered: August 31, 2005)
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| September 9, 2005 |
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Notice of Appellate Action to USCA and counsel re: [37-1] appeal by Blackwater Security, Blackwater Lodge & T Appeal Pkg. mailed consisting of Dkting Statement, Transm. Sheet and Index
(rp) (Entered: September 9, 2005)
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| September 9, 2005 |
38
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Notice of appeal by Justin L. McQuown (rp) (Entered: September 13, 2005)
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| September 9, 2005 |
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USCA appeal fees received: APPEAL FEE $ 255.00 RECEIPT # 104 20613 (rp) (Entered: September 13, 2005)
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| September 13, 2005 |
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Notice of Appellate Action to USCA and counsel re: [38-1] appeal by Justin L. McQuown Appeal Pkg. mailed consisting of Dkting Statement, Transm. Sheet and Index (rp) (Entered: September 13, 2005)
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| September 21, 2005 |
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Notice of Docketing ROA from USCA Re: [38-1] appeal by Justin L. McQuown USCA NUMBER: 05-2033 Case Manager: Lisa Jernigan (rp) (Entered: September 21, 2005)
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| September 21, 2005 |
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Notice of Docketing ROA from USCA Re: [37-1] appeal by Blackwater Security, Blackwater Lodge & T USCA NUMBER: 05-2034 Case Manager: Lisa Jernigan (rp) (Entered: September 21, 2005)
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| September 22, 2005 |
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Certificate to USCA and counsel re: [38-1] appeal, [37-1] appeal certifying that the record in this case is complete for purposes of the appeal. Cy. to Judge (rp) (Entered: September 22, 2005)
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| September 28, 2005 |
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certificate received at the 4CCA on 9/23/05 (rp) (Entered: September 28, 2005)
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| September 28, 2005 |
39
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Order the court consolidates these cases for purposes of briefing and oral argument signed by Patricia S. Connor. (rp) (Entered: September 28, 2005)
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| December 21, 2005 |
40
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ORDER of USCA as to 37 Notice of Appeal filed by Blackwater Security
Consulting, LLC,, Blackwater Lodge & Training Center, Inc.,, 38
Notice of Appeal filed by Justin L. McQuown - THE COURT CONSOLIDATES THE ABOVE CASES FOR FURTHER APPELLATE ACTION. (Deputy Clerk, LL) (Entered: December 21, 2005)
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| January 31, 2006 |
41
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ORDER of USCA as to 37 Notice of Appeal filed by Blackwater Security
Consulting, LLC,, Blackwater Lodge & Training Center, Inc., 38
Notice of Appeal filed by Justin L. McQuown, - THE COURT GRANTS THE MOTION FOR CONSOLIDATION. (Deputy Clerk, LL) (Entered: January 31, 2006)
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| August 30, 2006 |
42
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Published Opinion from Fourth Circuit Court of Appeals. APPEAL DISMISSED; PETITION FOR WRIT OF MANDAMUS DENIED; MOTION TO STRIKE DENIED AS MOOT. (Deputy Clerk - DR, ) (Entered: August 30, 2006)
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| October 18, 2006 |
43
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USCA JUDGMENT as to 37Notice of Appeal filed by Blackwater Security
Consulting, LLC, Blackwater Lodge & Training Center, Inc. 38Notice
of Appeal filed by Justin L. McQuown. (Deputy Clerk - DR, ) (Entered: October 27, 2006)
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| October 18, 2006 |
44
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MANDATE of USCA as to 37Notice of Appeal filed by Blackwater Security
Consulting, LLC, Blackwater Lodge & Training Center, Inc. 38Notice
of Appeal filed by Justin L. McQuown. (Deputy Clerk - DR, ) (Entered: October 27, 2006)
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| October 18, 2006 |
45
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ORDER of USCA on Bill of Costs. (Deputy Clerk - DR, ) Modified on 10/27/2006 (Deputy Clerk - DR, ). (Entered: October 27, 2006)
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