Libel claim - claims university's digitization of campus newspaper constituted "re-publication" thus reviving claim that would ordinarily be extinguished over twenty years ago. Disclosure of private facts claim.
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Date Filed
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#
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Docket Text
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| October 29, 2007 |
1
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NOTICE OF REMOVAL as to Kevin Vanginderen from San Diego Superior Court, case number 37-2007-00076496-CU-DF-SC. ( Filing fee $ 350 Receipt number 143754), filed by Cornell University. t/w
Notice of Party with Financial Interest.(pdc)(bar). (Entered: October 29, 2007)
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| October 29, 2007 |
2
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NOTICE of Party With Financial Interest by Cornell University. (vet) (Entered: October 30, 2007)
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| October 30, 2007 |
3
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CERTIFICATE OF SERVICE by Cornell University (Davidson, Clifford) Modified on 11/1/2007 - atty not associated w/ party and signature is in incorrect format, atty contacted (vet, ).
(Entered: October 30, 2007)
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| October 31, 2007 |
4
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PRO HAC VICE APPOINTED: Charles S. Sims appearing for Defendant Cornell University (mkz)(mam). (Entered: October 31, 2007)
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| November 1, 2007 |
5
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NOTICE of Appearance by Nelson Eugene Roth on behalf of Cornell University (Roth, Nelson) (vet, ). (Entered: November 1, 2007)
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| November 1, 2007 |
6
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NOTICE of Appearance by Clifford Scott Davidson on behalf of Cornell University (Davidson, Clifford) (vet, ). (Entered: November 1, 2007)
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| November 2, 2007 |
7
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MOTION to Strike Plaintiff's Complaint by Cornell University. (Attachments: # 1 Memo of Points and Authorities
Memorandum of Points and Authorities in Support of Defendant's Special Motion to Strike Plaintiff's Complaint Pursuant to Cal. Code Civ. Pro. sec. 425.16)(Deixler, Bert) (vet, ).
(Entered: November 2, 2007)
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| November 2, 2007 |
8
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NOTICE: Request for Judicial Notice in support re 7 MOTION to Strike
Plaintiff's Complaint by Cornell University (Attachments: # 1 Exhibits in Support of Special Motion to Strike# 2 Declaration of Valerie Cross Dorn in Support of Request for Judicial Notice# 3 Declaration of Anne Richardson Kenney in Support of Defendant's Request for Judicial Notice)(Deixler, Bert) Modified on 11/5/2007 -
edited text (vet, ). (Entered: November 2, 2007)
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| November 2, 2007 |
9
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CERTIFICATE OF SERVICE by Cornell University re 7 MOTION to Strike
Plaintiff's Complaint, 8 Notice (Other) (Deixler, Bert) Modified on
11/5/2007 - edited text (vet, ). (Entered: November 2, 2007)
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| November 7, 2007 |
10
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DECLARATION of Valerie Cross Dorn in further support re 8 Notice: Request for
Judicial Notice by Defendant Cornell University. (Attachments: # 1 Corrected exhibit D)(Davidson, Clifford) Modified on
11/8/2007 - edited text (vet, ). (Entered: November 7, 2007)
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| November 7, 2007 |
11
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CERTIFICATE OF SERVICE by Cornell University re 10 Declaration of Valerie
Cross Dorn (Davidson, Clifford) Modified on 11/8/2007 - edited text (vet, ). (Entered: November 7, 2007)
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| November 21, 2007 |
12
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Memorandum of Points and Authorities in Opposition re 7 MOTION to Strike
Plaintiff's Complaint filed by Kevin Vanginderen. (Attachments: # 1 Affidavit of Kevin Vanginderen in support of
memorandum of points and authorities)(vet) (Entered: November 26, 2007)
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| December 12, 2007 |
13
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NOTICE of Supplemental Request for Judicial Notice by Cornell University re 7
MOTION to Strike Plaintiff's Complaint (Attachments: # 1 Exhibit Exhibit E# 2 Exhibit Exhibit F# 3 Declaration Declaration of Nelson E. Roth in
Support of Supplemental Request for Judicial Notice)(Deixler, Bert) Modified on 12/12/2007 at request of atty to add document text (mjj, ) (Entered: December 12, 2007)
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| December 12, 2007 |
14
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CERTIFICATE OF SERVICE by Cornell University re 13 Notice (Other), Notice
(Other) Supplemental Request for Judicial Notice (Deixler, Bert) (vet, ). (Entered: December 12, 2007)
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| December 14, 2007 |
15
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REPLY to Response to Motion re 7 MOTION to Strike Plaintiff's Complaint
filed by Cornell University. (Deixler, Bert) (vet, ). (Entered: December 14, 2007)
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| December 14, 2007 |
16
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DECLARATION of Simeon F. Moss in support re 15 Reply to Response to Motion
to Strike Plaintiff's Complaint Pursuant to Section 425.16 of the California Code of Civil Procedure by Defendant Cornell University. (Deixler, Bert) Modified on 12/17/2007 -
edited text (vet, ). (Entered: December 14, 2007)
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| December 14, 2007 |
17
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DECLARATION of Clifford S. Davidson in support re 15 Reply to Response to
Motion to Strike Plaintiff's Complaint Pursuant to Section 425.16 of the California Code of Civil Procedure by Defendant Cornell University. (Attachments: # 1 Exhibit A)(Deixler, Bert) Modified on 12/17/2007 - edited text (vet, ). (Entered: December 14, 2007)
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| December 14, 2007 |
18
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OBJECTION by Cornell University re 12 Affidavit in Opposition to Motion to
Strike Plaintiff's Complaint Pursuant to Section 425.16 of the California Code of Civil Procedure (Deixler, Bert) (vet, ). (Entered: December 14, 2007)
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| December 14, 2007 |
19
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CERTIFICATE OF SERVICE by Cornell University re 16 Declaration, 17 Declaration, 18 Objection, 15 Reply to Response to Motion to Strike Plaintiff's Complaint Pursuant to Section
425.16 of the California Code of Civil Procedure (Deixler, Bert) (vet, ). (Entered: December 14, 2007)
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| December 20, 2007 |
20
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Discrepancy Order by Judge Barry Ted Moskowitz accepting document: Plaintiff's Response to Defendant's Reply from Plaintiff Kevin Vanginderen, non-compliance with local rule Other: No
Provision for Surreplies in the Local Rules. Signed by Clerk of Court on 12/19/07. (vet) (Entered: December 20, 2007)
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| December 20, 2007 |
21
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RESPONSE to Defendant's Reply in further support re 7 MOTION to Strike
Plaintiff's Complaint filed by Kevin Vanginderen. NUNC PRO TUNC 12/18/07. (vet) (Entered: December 20, 2007)
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| December 21, 2007 |
22
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MINUTE ORDER submitting 7 Motion to Strike (tml) (Entered: December 21, 2007)
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| December 27, 2007 |
23
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NOTICE by Cornell University to Court of California Supreme Court Decision (Attachments: # 1 Exhibit Exhibit A
(California Supreme Court decision in the Hebrew Academy case))(Davidson, Clifford) Modified on 12/28/2007 - atty contacted missing proof of service (vet, ). (Entered: December 27, 2007)
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| December 28, 2007 |
24
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CERTIFICATE OF SERVICE by Cornell University re 23 Notice (Other), Notice
(Other) to Court of California Supreme Court Decision (Davidson, Clifford) (jpp, ). (Entered: December 28, 2007)
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| April 28, 2008 |
25
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NOTICE by Cornell University of related case(s) 08-cv-736-w-jma (Davidson, Clifford) Modified on 4/29/2008 - low-number order prepared (vet). (Entered: April 28, 2008)
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| April 28, 2008 |
26
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CERTIFICATE OF SERVICE by Cornell University re 25 Notice of Related Case
(Davidson, Clifford) (vet). (Entered: April 28, 2008)
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| June 3, 2008 |
27
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ORDER granting 7 Special Motion to Strike. The Complaint is dismissed with
prejudice. Any motion for attorney's fee must be brought within 30 days of this order. Signed by Judge Barry Ted Moskowitz on 06/03/08. (jpp) (Entered: June 4, 2008)
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| June 4, 2008 |
28
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CLERK'S JUDGMENT IT IS SO ORDERED AND ADJUDGED that the Complaint is dismissed with prejudice. (jpp) (Entered: June 4, 2008)
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| June 4, 2008 |
29
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NOTICE by Cornell University to Plaintiff of Ruling and Judgment (Attachments: # 1 Exhibit Exhibits A and B)(Davidson,
Clifford) (mkz). (Entered: June 4, 2008)
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| June 4, 2008 |
30
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CERTIFICATE OF SERVICE by Cornell University re 29 Notice of Ruling and
Entry of Judgment (Davidson, Clifford) (mkz). (Entered: June 4, 2008)
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| June 13, 2008 |
31
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NOTICE OF APPEAL as to 28 Clerk's Judgment by Kevin Vanginderen. (Filing Fee:
Paid, Receipt #151924) (leh) (Entered: June 13, 2008)
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| June 13, 2008 |
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Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 31 Notice of Appeal. (leh) (Entered: June 13, 2008)
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| June 18, 2008 |
32
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BILL OF COSTS submitted by Defendant Cornell University in the amount of $ 1049. (Davidson, Clifford) (vet). (Entered: June 18, 2008)
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| June 18, 2008 |
33
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NOTICE: A Bill of Costs 32 was filed by defendant Cornell University
scheduling a hearing for July 8, 2008 at 10:00 am. Any opposition to this Bill of Costs is to be filed by 12:00 noon on Monday, July 7, 2008. All parties requesting to appear
telephonically for this hearing are to join on a conference call then contact N. Prewitt (619) 557-6415 at the time of the hearing. (All non-registered users served via U.S. Mail
Service).(nsp) (Entered: June 18, 2008)
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| June 18, 2008 |
34
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NOTICE by Cornell University to Plaintiff of Application to the Clerk to Tax Costs by Defendant Cornell University (Davidson, Clifford) (vet). (Entered: June 18, 2008)
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| June 18, 2008 |
35
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DECLARATION re 34 Notice (Other), 32 Bill of Costs of Clifford S. Davidson by Defendant Cornell University.
(Davidson, Clifford) (vet). (Entered: June 18, 2008)
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| June 18, 2008 |
36
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CERTIFICATE OF SERVICE by Cornell University re 34 Notice (Other), 35 Declaration, 32 Bill of Costs (Davidson, Clifford) (vet). (Entered: June 18, 2008)
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| June 24, 2008 |
37
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USCA Time Scheduling Order as to 31 Notice of Appeal filed by Kevin
Vanginderen. (leh) (Entered: June 24, 2008)
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| July 2, 2008 |
38
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MOTION for Attorney Fees by Cornell University. (Attachments: # 1 Memo of Points and Authorities in Support of Cornell's
Motion for Attorneys' Fees)(Davidson, Clifford) (vet). (Entered: July 2, 2008)
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| July 2, 2008 |
39
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DECLARATION re 38 MOTION for Attorney Fees of Bert H. Deixler by
Defendant Cornell University. (Davidson, Clifford) (vet). (Entered: July 2, 2008)
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| July 2, 2008 |
40
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DECLARATION re 38 MOTION for Attorney Fees of Clifford S. Davidson by
Defendant Cornell University. (Attachments: # 1 Exhibit A through C)(Davidson, Clifford) (vet). (Entered: July 2, 2008)
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| July 2, 2008 |
41
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CERTIFICATE OF SERVICE by Cornell University re 38 MOTION for Attorney Fees,
40 Declaration, 39 Declaration (Davidson, Clifford) (vet). (Entered: July 2, 2008)
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| July 3, 2008 |
42
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TRANSCRIPT REQUEST by Kevin Vanginderen re 31 Notice of Appeal: No Hearings
Held. (asw) (Entered: July 3, 2008)
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| July 3, 2008 |
43
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Objection to Bill of Costs filed by Kevin Vanginderen. (vet) (Entered: July 3, 2008)
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| July 3, 2008 |
44
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Certificate of Record transmitted to USCA re 31 Notice of Appeal (asw)
(Entered: July 3, 2008)
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| July 8, 2008 |
45
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Costs Taxed in amount of $ 738.00 against plaintiff Kevin Vanginderen (All non-registered users served via U.S. Mail Service).(nsp) (Entered: July 8, 2008)
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| July 21, 2008 |
46
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NOTICE of DUSCA Receipt of Certificate of Record re 31 Notice of Appeal filed
by Kevin Vanginderen. USCA Case Number 08-56020. (asw) (Entered: July 22, 2008)
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| July 28, 2008 |
47
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Discrepancy Order by Judge Barry Ted Moskowitz accepting document: Plaintiff's Opposition to Defendant's Motion for Attorney's Fees from Plaintiff Kevin Vanginderen, non-compliance with
local rule 7.1 Missing table of contents. (All non-registered users served via U.S. Mail Service).(vet) (Entered: July 28, 2008)
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| July 28, 2008 |
48
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RESPONSE in Opposition re 38 MOTION for Attorney Fees filed by Kevin
Vanginderen. NUNC PRO TUNC 7/24/08. (vet) (Entered: July 28, 2008)
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| July 31, 2008 |
49
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REPLY re 38 MOTION for Attorney Fees filed by Cornell University.
(Attachments: # 1 Declaration of Clifford S. Davidson in Further Support of Cornell's Motion for Attorneys' Fees)(Davidson,
Clifford) (jpp). (Entered: July 31, 2008)
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| July 31, 2008 |
50
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CERTIFICATE OF SERVICE by Cornell University re 49 Reply in Further
Support of Cornell's Motion for Attorneys' Fees (Davidson, Clifford) (jpp). (Entered: July 31, 2008)
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| August 20, 2008 |
51
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NOTICE: Motion Hearing scheduled for 8/22/08 11:00 AM before District Judge Barry Ted Moskowitz is taken under submission. No appearances necessary. (ibf) (Entered: August 20, 2008)
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| August 22, 2008 |
52
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MINUTE ORDER submitting 38 Motion for Attorney Fees. Court to issue order.
(ibf) (Entered: August 25, 2008)
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| December 31, 2008 |
53
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ORDER granting in part and denying in part 38 Motion for Attorney Fees. The
Court awards attorney's fees in the amount of $43,161.25. The Clerk shall enter judgment accordingly. However, the Court stays enforcement of the judgment pending the appeal of this case.
Signed by Judge Barry Ted Moskowitz on 12/31/2008. (All non-registered users served via U.S. Mail Service).(leh) (Entered: December 31, 2008)
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| March 24, 2009 |
54
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NOTICE of Change of Address by Kevin Vanginderen. (vet) (Entered: March 24, 2009)
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| May 20, 2009 |
55
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ORDER of USCA as to 31 Notice of Appeal filed by Kevin Vanginderen.
Appellant's unopposed motion to consolidate Nos. 08-56020 and 09-55053 is granted. If appellant in 09-55053 has not already done so, within 14 days from the date of order, appellant shall
correct the opening brief deficiency. Failure to do so may result in the automatic dismissal of the case. The remaining current briefing schedule in No. 09-55053 shall remain in effect.
(akr) (Entered: May 20, 2009)
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