ABORTION INDUSTRY IN MELBOURNE, FLORIDA
LAWSUITS
AWARE WOMAN V RANEY
DOCKET / CHRONOLOGICAL FILE
U.S. District Court
Middle District of Florida (Orlando)
CIVIL DOCKET FOR CASE #: 99-CV-5
Aware Woman Center, et al v. Raney, et al
Filed: 01/04/99
Assigned to: Judge Patricia C. Fawsett
Jury demand: Plaintiff
Demand: $0,000
Nature of Suit: 440
Lead Docket: None
Jurisdiction: Federal Question
Dkt# in other court: None
Cause: 28:1343 Violation of Civil Rights
AWARE WOMAN CENTER FOR CHOICE, INC, a Florida corporation, on its own behalf and for the class of patients, patient companions, staff, physicians, invitees, owners, and independent contractors,
PATRICIA BAIRD WINDLE, EDWARD W WINDLE, JR, TIFFANY POE, DON POE, GRANDFATHER POE, and the classes of JANE POE I-M {1-1000}, and JOHN POE I-M, Plaintiffs,
-versus-
MEREDITH T RANEY, JR, individually and holding himself out as WOMEN'S LEGAL ACTION COALITION, and CHRISTIANS FOR LIFE, unincorporated associations, participating in concert with one another,
WILLIAM LESTOURGEON, ALLEN LESTOOURGEON, JOHN C 'JAY' ROGERS, MARK STEVEN HALL, PATRICIA McEWEN, CHERYL PALMER, CHRISTINE JAGOS, DOLLY EDWARDS, ALLEN MUNROE, NORMA MUNROE, RICHARD DEAN, CECELIA STANBACK, PAT PINKSTON, NANCY LALLY, LUTHER LAITE, ANNE BLACKBURN,
NIGHTSTALKER DOE, JANE DOEs and JOHN DOEs I-XX,
COMPUSERVE, INCORPORATED, a corporation doing business in Florida,
AMERICA ONLINE, INC, a corporation doing business in Florida, and parent successor to COMPUSERVE, INC,
TML INFORMATION SERVICES, INC, a corporation doing business in Florida,
DOE CORPORATIONS I-XX, their agents, assigns, successors in interest, those acting in concert or participating with them, all those having actual or constructive notice of any injunctive orders issued herein, and the class of individuals and entities similarly situated as to the named defendants,
Defendants.
1/4/99 Doc. 1 COMPLAINT and demand for jury filed; civil class action for damages, declaratory & injunctive relief under F.A.C.E., 18 USC Section 248, FDPPA, 18 USC Section 2721, and supplemental federal & state law grounds; injunctive relief sought; jury trial requested on damages, and class action relief sought. (djd) [Entry date 01/05/99]
1./4/99 -- FILING FEE PAID. ( Filing Fee $ 150.00 Receipt # 81827) (djd) [Entry date 01/05/99]
1/4/99 -- MAGISTRATE JUDGE CASE ASSIGNMENT Magistrate assigned: James G. Glazebrook (djd) [Entry date 01/05/99]
1/4/99 Doc. 2 CERTIFICATE OF COMPLIANCE by plaintiffs Aware Woman Center, Patricia Baird Windle, Edward W. Windle Jr., Tiffany Poe, Don Poe, Grandfather Poe, Jane Poe I-M 1-1000, John Poe I-M with Local Rule 1.04(c) - case number 97-1197-CIV-ORL-19 is related. (djd) [Entry date 01/05/99]
1/21/99 Doc. 3 NOTICE of designation under Local Rule 3.05 - TRACK 2.(ctc) (spr)
3/12/99 -- SUMMONS(ES) issued for John C. 'Jay' Rogers, Mark Steven Hall, Cheryl Palmer, America Online, Inc., TML Information Consent(s) issued. (spt)
4/1/99 Doc. 4 MOTION by defendant Mark Steven Hall to strike [1-1] complaint, or in the alternative, to strike significant portions of the same (djd)
4/1/99 Doc. 5 UNOPPOSED MOTION by defendant Mark Steven Hall to exceed page limits referred to Magistrate Judge James G. Glazebrook (djd)
4/1/99 Doc. 6 MOTION by plaintiffs' Aware Woman Center, Patricia Baird Windle, Edward W. Windle Jr., Tiffany Poe, Don Poe, Grandfather Poe, Jane Poe I-M 1-1000, John Poe I-M with memorandum in support for partial summary judgment, and for preliminary injunction restraining license plate & number copying, unconsented camera & binocular surveillance, private personal information gathering/storage/purchase/dissemination. Exhibits 1-5 filed separately. (djd)
4/7/99 -- SUMMONS(ES) issued for Compuserve, Inc. (djd)
4/8/99 Doc. 7 APPLICATION of Non-Resident Counsel and Designation of Local Counsel as to defendant Mark Steven Hall. Local Counsel: Heidi Wolff Isenhart. Non-Resident Counsel: Brian Fahling, Bryan J. Brown, Stephen Crampton, and Michael DePrimo. (djd)
4/8/99 Doc. 8 CONSENT MOTION by defendant America Online, Inc. to extend time until on or before 5/14/99 within which to respond to complaint referred to Magistrate Judge James G. Glazebrook (djd)
4/8/99 Doc. 9 MEMORANDUM by defendant America Online, Inc. in support of [8-1] consent motion to extend time until on or before 5/14/99 within which to respond to complaint (djd)
4/12/99 -- ENDORSED ORDER granting defendant Mark Hall's [5-1] unopposed motion to exceed page limits. Extra 5 pages allowed. ( Signed by Magistrate Judge James G. Glazebrook) crc (djd)
4/12/99 Doc. 10 MEMORANDUM by defendant Mark Steven Hall in support of [4-1] motion to strike [1-1] complaint. Exhibit A attached. (djd)
4/13/99 -- SUMMONS(ES) issued for Nightstalker Doe a/k/a Richard Terrill. (did)
4/14/99 Doc. 11 CROSS MOTION by defendant Mark Steven Hall for summary judgment (djd)
4/14/99 Doc. 12 AFFIDAVIT of Mark Hall by defendant Mark Steven Hall Re: [11-1] cross motion for summary judgment (djd)
4/14/99 Doc. 13 MOTION by defendant Mark Steven Hall to dismiss the claims against him (djd)
4/14/99 Doc. 14 MEMORANDUM by defendant Mark Steven Hall in opposition to [6-2] motion for preliminary injunction restraining license plate & number copying, unconsented camera & binocular surveillance, private personal information gathering/storage/purchase/dissemination and in support of his cross motion for summary judgment, or in the alternative, motion to dismiss (djd)
4/14/99 Doc. 14 MEMORANDUM by defendant Mark Steven Hall in support of [13-1] motion to dismiss the claims against him, [11-1] cross motion for summary judgment (djd)
4/14/99 Doc. 15 MOTION by defendant Mark Steven Hall objecting to, and MOTION to strike, affidavit of P. Baird-Windle pursuant to F.R.C.P.56(e) (djd)
4/14/99 Doc. 16 MOTION by defendant Mark Steven Hall objecting to, and MOTION to strike, affidavit of Jane Smith pursuant to F.R.C.P.56 (e) (djd)
4/14/99 Doc. 17 MOTION by defendant Mark Steven Hall objecting to, and MOTION to strike, affidavit of Roni Windle pursuant to F.R.C.P.56(e) (djd)
4/14/99 Doc. 18 MOTION by defendant Mark Steven Hall objecting to, and MOTION to strike, affidavit of Mileen B. Kirkpatrick pursuant to F.R.C.P.56(e) (djd)
4/14/99 Doc. 19 MOTION by defendant Mark Steven Hall objecting to, and MOTION to strike, affidavit of Jessica Poe pursuant to F.R.C.P.56(e) (djd)
4/14/99 Doc. 20 MOTION by defendant Mark Steven Hall objecting to, and MOTION to strike, affidavit of C. Elinor Brickell pursuant to F.R.C.P.56(e) (djd)
4/14/99 Doc. 21 MEMORANDUM by defendant Mark Steven Hall in support of [20-1] motion to strike, affidavit of C. Elinor Brickell pursuant to F.R.C.P.56(e), [19-1] motion to strike, affidavit of Jessica Poe pursuant to F.R.C.P.56(e), [18-1] motion to strike, affidavit of Mileen B. Kirkpatrick pursuant to F.R.C.P.56(e), [17-1] motion to strike, affidavit of Roni Windle pursuant to F.R.C.P.56(e), [16-1] motion to strike, affidavit of Jane Smith pursuant to F.R.C.P.56(e), [15-1] motion to strike, affidavit of P. Baird-Windle pursuant to F.R.C.P.56(e) (djd)
4/15/99 -- ENDORSED ORDER denying defendant Mark Hall's [4-1] motion to strike [1-1] complaint and [4-2] motion to strike significant portions of the same ( Signed by Judge Patricia C. Fawsett ) crc (djd)
4/16/99 -- ENDORSED ORDER granting defendant AOL's [8-1] motion to extend time until on or before 5/14/99 within which to respond to complaint. Reset answer due for 5/14/99 for
America Online, Inc. ( Signed by Magistrate Judge James G. Glazebrook ) crc (djd)
4/16/99 Doc. 22 MEMORANDUM in RESPONSE by defendant America Online, Inc. to [6-1] motion for partial summary judgment, [6-2] motion for preliminary injunction restraining license plate & number copying, unconsented camera & binocular surveillance, private personal information gathering/storage/purchase/dissemination (djd)
4/20/99 Doc. 23 REPLY and SUPPLEMENTAL MEMORANDUM by plaintiffs Aware Woman Center, Patricia Baird Windle, Edward W. Windle Jr., Tiffany Poe, Don Poe, Grandfather Poe, Jane Poe I-M 1-1000, John Poe I-M to response to [6-2] motion for preliminary injunction restraining license plate & number copying, unconsented camera & binocular surveillance, private personal information gathering/storage/purchase/dissemination. (Document stricken and returned to counsel for plaintiffs pursuant to court order [29]) (did)
[Entry date 04/21/99] [Edit date 04/26/99]
4/22/99 Doc. 24 ORDER OF RECUSAL for all further proceedings. (signed by Judge Patricia C. Fawsett) crc (djd)
4/22/99 Doc. 25 CONSENT MOTION by defendant America Online, Inc. to extend time until on or before 5/28/99 to respond to the complaint referred to Magistrate Judge James G. Glazebrook (djd) [Entry date 04/26/99]
4/22/99 Doc. 26 MEMORANDUM by defendant America Online, Inc. in support of [25-1] motion to extend time until on or before 5/28/99 to respond to the complaint (djd) [Entry date 04/26/99]
4/22/99 Doc. 27 NOTICE of filing STIPULATION regarding plaintiff's motion for partial summary judgment and preliminary injunction by plaintiff Aware Woman Center, plaintiff Patricia Baird Windle, plaintiff Edward W. Windle Jr., plaintiff Tiffany Poe, plaintiff Don Poe, plaintiff Grandfather Poe, plaintiff Jane Poe I-M 1-1000, plaintiff John Poe I-M, defendant TML Information. (djd) [Entry date 04/26/99]
4/23/99 Doc. 28 NOTICE OF CASE REASSIGNMENT to the Honorable Judge G.Kendall Sharp. Notice to Counsel. (djd) [Entry date 04/26/99] [Edit date 04/26/99]
4/26/99 Doc. 29 ORDER striking [23-1] response reply and the Clerk is directed to return it to the submitting party with a copy of this order. (Document returned to counsel for plaintiffs) (Signed by Magistrate Judge James G. Glazebrook) ctc (djd)
4/27/99 Doc. 30 MOTION by Meredith T. Raney Jr., William Lestourgeon, Allen Lestourgeon, John C. 'Jay' Rogers, Patricia McEwen, Cheryl Palmer, Dolly Edwards, Allen Munroe, Norma Munroe, Richard Dean, Luther Laite, Anne Blackburn, Richard Terrill to extend time to file answer to plaintiff's complaint, and to extend time to file response to plainitiff's motion for partial summary judgment and preliminary injunction referred to Magistrate Judge James G. Glazebrook (nbl) [Entry date 04/28/99]
4/27/99 Doc. 31 MEMORANDUM by Meredith T. Raney Jr., William Lestourgeon, Allen Lestourgeon, John C. 'Jay' Rogers, Patricia McEwen, Cheryl Palmer, Dolly Edwards, Allen Munroe, Norma Munroe, Richard Dean, Luther Laite, Anne Blackburn, Richard Terrill in support of [30-1] motion to extend time to file answer to plaintiff's complaint, [30-2] motion to extend time to file response to plainitiff's motion for partial summary judgment and preliminary injunction (nbl) [Entry date 04/28/99]
4/30/99 Doc. 32 MEMORANDUM by Aware Woman Center in opposition to [21-1] support memorandum, [20-1] motion to strike, affidavit of C. Elinor Brickell pursuant to F.R.C.P.56(e), [19-1] motion to strike, affidavit of Jessica Poe pursuant to F.R.C.P.56(e), [18-1] motion to strike, affidavit of Mileen B. Kirkpatrick pursuant to F.R.C.P.56(e), [17-1] motion to strike, affidavit of Roni Windle pursuant to F.R.C.P.56(e), [16-1] motion to strike, affidavit of Jane Smith pursuant to F.R.C.P.56(e), [15-1] motion to strike, affidavit of P. Baird-Windle pursuant to F.R.C.P.56(e), [13-1] motion to dismiss the claims against him, [11-1] cross motion for summary judgment (nbl)
5/5/99 -- ENDORSED ORDER granting [25-1] motion to extend time until on or before 5/28/99 to respond to the complaint, set answer due for 5/28/99 for America Online, Inc. ( Signed by Magistrate Judge James G. Glazebrook ) ctc (nbl)
5/5/99 -- ENDORSED ORDER granting in part, [30-1] motion to extend time to file answer to plaintiff's complaint, granting in part, [30-2] motion to extend time to file response to plaintiff's motion for partial summary judgment and preliminary injunction, * Granted in Part, on or before June 1, 1999, each defendant who has been served shall file and serve and answer or response; otherwise denied as seeking an indefinite extension; Response to motion reset to 6/1/99 for [6-1] motion for partial summary judgment, reset to 6/1/99 for [6-2] motion for preliminary injunction restraining license plate & number copying, unconsented camera & binocular surveillance, private personal information gathering/storage/purchase/dissemination, set answer due for 6/1/99 for Richard Terrill, for Anne Blackburn, for Luther Laite, for Richard Dean, for Norma Munroe, for Allen Munroe, for Dolly Edwards, for Cheryl Palmer, for Patricia McEwen, for John C. 'Jay' Rogers, for Allen Lestourgeon, for William Lestourgeon, for Meredith T. Raney Jr. ( Signed by Magistrate Judge James G. Glazebrook ) ctc (nbl) [Edit date 05/05/99]
5/13/99 Doc. 33 REPLY by Mark Steven Hall to response to [11-1] cross motion for summary judgment, [15-1] motion to strike, affidavit of P. Baird-Windle pursuant to F.R.C.P.56(e)
5/17/99 Doc. 34 CONSENT MOTION by Compuserve, Inc. to extend time to June 25, 1999 to respond to the complaint referred to Magistrate Judge James G. Glazebrook
5/17/99 Doc. 35 MEMORANDUM by Compuserve, Inc. in support of [34-1] motion to extend time to June 25, 1999 to respond to the complaint
5/24/99 Doc. 36 MOTION by Meredith T. Raney Jr., William Lestourgeon, Allen Lestourgeon, Patricia McEwen, Dolly Edwards, Allen Munroe, Norma Munroe, Richard Dean, Luther Laite, Anne Blackburn with memorandum in support to dismiss for failure to serve initial process
5/24/99 Doc. 37 STIPULATION by plaintiff Aware Woman Center, plaintiff Patricia Baird Windle, plaintiff Edward W. Windle Jr., plaintiff Tiffany Poe, plaintiff Don Poe, plaintiff Grandfather Poe, plaintiff Jane Poe I-M 1-1000, plaintiff John Poe I-M, defendant Compuserve, Inc. regarding plaintiffs' motion for partial summary judgment and preliminary injunction.
5/28/99 Doc. 38 STIPULATION regarding dismissal of defendant America Online, Inc. by plaintiff Aware Woman Center, plaintiff Patricia Baird Windle, plaintiff Edward W. Windle Jr., plaintiff Tiffany Poe, plaintiff Don Poe, plaintiff Grandfather Poe, plaintiff Jane Poe I-M 1-1000, plaintiff John Poe I-M, defendant America Online, Inc. Plaintiffs have agreed to dismiss AOL.
5/28/99 Doc. 39 NOTICE of dismissal by Aware Woman Center, Patricia Baird Windle, Edward W. Windle Jr., Tiffany Poe, Don Poe, Grandfather Poe, Jane Poe I-M 1-1000, John Poe I-M, America Online, Inc.
6/1/99 Doc. 40 MOTION by John C. 'Jay' Rogers, Cheryl Palmer, Richard Terrill with memorandum in support to dismiss plaintiffs' complaint.
6/1/99 Doc. 41 OPPOSITION by John C. 'Jay' Rogers, Cheryl Palmer, Richard Terrill to [6-1] motion for partial summary judgment, [6-2] motion for preliminary injunction restraining license plate & number copying, unconsented camera & binocular surveillance, private personal information gathering/storage/purchase/dissemination.
6/2/99 Doc. 42 MEMORANDUM by Aware Woman Center, Patricia Baird Windle, Edward W. Windle Jr., Tiffany Poe, Don Poe, Grandfather Poe, Jane Poe I-M 1-1000, John Poe I-M in opposition to [36-1] motion to dismiss for failure to serve initial process.
6/3/99 -- SUMMONS(ES) issued for Meredith T. Raney Jr., Allen Lestourgeon, Dolly Edwards, Allen Munroe, Norma Munroe, Richard Dean, Luther Laite, Anne Blackburn . Consent(s) issued.
6/24/99 Doc. 43 ORDER TO SHOW CAUSE: Plaintiff's are directed to show cause within (11) days why this case should not be dismissed for lack of prosecution due to the non-filing of a case management report. Response to order to show cause due 7/8/99 for John Poe I-M, for Jane Poe I-M 1-1000, for Grandfather Poe, for Don Poe, for Tiffany Poe, for Edward W. Windle Jr., for Patricia Baird Windle, for Aware Woman Center ( Signed by Judge G. Kendall Sharp ) ctc (nbl) [Entry date 06/25/99]
6/25/99 Doc. 44 MOTION by Compuserve, Inc. to dismiss (nbl)
6/25/99 Doc. 45 MEMORANDUM by Compuserve, Inc. in support of [44-1] motion to dismiss (nbl)
6/25/99 Doc. 46 REQUEST for oral argument by Compuserve, Inc. re: [44-1] motion to dismiss (nbl)
6/28/99 Doc. 47 ANSWER and affirmative defenses to Complaint by TML Information (nbl)
7/2/99 Doc. 48 MOTION by TML Information for judgment on the pleadings, or for summary judgment
7/2/99 Doc. 49 MEMORANDUM by TML Information in support of [48-1] motion for judgment on the pleadings, [48-2] motion for summary judgment
7/2/99 Doc. 50 NOTICE of filing affidavit of Sean Doherty, by TML Information
7/2/99 Doc. 51 AFFIDAVIT of Sean Doherty by TML Information Re: [48-1] motion for judgment on the pleadings, [48-2] motion for summary judgment
7/2/99 Doc. 52 REQUEST for oral argument by TML Information re: [48-1] motion for judgment on the pleadings, [48-2] motion for summary judgment
7/2/99 Doc. 53 MILBURN ORDER [48-1] motion for judgment on the pleadings taken under advisement on 7/22/99, [48-2] motion for summary judgment taken under advisement on 7/22/99, Response to motion reset to 7/22/99 for [48-1] motion for judgment on the pleadings, reset to 7/22/99 for [48-2] motion for summary judgment (Signed by Judge G. Kendall Sharp)
7/7/99 Doc. 54 MEMORANDUM OF COMPLIANCE by plaintiffs with [43-1] order to show cause.
7/19/99 Doc. 55 MOTION by Meredith T. Raney Jr., William Lestourgeon, Allen Lestourgeon, Patricia McEwen, Dolly Edwards, Allen Munroe, Norma Munroe, Richard Dean, Anne Blackburn with memorandum in support for Rule 11 sanctions (spr)
7/30/99 Doc. 56 ORDER striking pleading at docket no. 33, "Defendant Mark Hall's Reply to Plaintiff's Opposition to his Motion for Summary Judgment and Motion to Strike Affidavits", for failure to comply with Local Rule 3.01(b); striking [33-1] response reply; Clerk is directed to return document to submitting counsel. ( Signed by Magistrate Judge James G. Glazebrook ) ctc (nbl)
8/16/99 Doc. 57 MOTION by plaintiffs Aware Woman Center, Patricia Baird Windle, etc. to stay this action pending decisions of US Supreme Court and US Court of Appeals on related questions (cbh)
8/27/99 Doc. 58 RESPONSE by Mark Steven Hall to [57-1] motion to stay this action pending decisions of US Supreme Court and US Court of Appeals on related questions (nbl)
8/30/99 Doc. 59 RESPONSE by Compuserve, Inc. to [57-1] motion to stay this action pending decisions of US Supreme Court and US Court of Appeals on related questions (nbl)
8/31/99 Doc. 60 MEMORANDUM by TML Information in opposition to [57-1] motion to stay this action pending decisions of US Supreme Court and US Court of Appeals on related questions (nbl)
9/1/99 Doc. 61 ORDER - Case is DISMISSED without prejudice per Rule 3.10. Furthermore, all pending motions in this case (docs. 6, 11, 13, 15, 16, 17, 18, 19, 20, 36, 40, 44, 48, 55, and 57) are DENIED as moot. (Signed by Judge G. Kendall Sharp ) MFR Number R98/D5349 (Amended by [63-1] ORDER)
9/16/99 Doc. 62 MOTION by Mark Steven Hall for reconsideration of [61-1] order that plaintiffs' claims against defendant Hall be dismissed without prejudice, for reconsideration of [61-1] order that the without prejudice dismissal be without payment of litigation costs and attorneys' fees. (Granted by [63-1] ORDER)
10/21/99 Doc. 63 ORDER granting [62-1] motion for reconsideration of [61-1] order that plaintiffs' claims against defendant Hall be dismissed without prejudice, granting [62-2] motion for reconsideration of [61-1] order that the without prejudice dismissal be without payment of litigation costs and attonreys' fees; The Court amends its 9/1/99 order, doc. 61 to include the plaintiffs pay to Mr. Hall reasonable costs and attorneys' fees. Mr. Hall may file a motion to assess costs and attorneys' fees, which the court will refer to a magistrate, to determine the precise amount of costs and attorneys' fees owed by the plaintiffs to Mr. Hall. (Signed by Judge G. Kendall Sharp)
11/1/99 Doc. 64 MOTION by plaintiffs to alter or amend [63-1] ORDER. (DENIED by 11/9/99 ENDORSED ORDER)
11/4/99 Doc. 65 MEMORANDUM by Mark Steven Hall in opposition to [64-1] motion to alter or amend [63-1] order (nbl)
11/9/99 -- ENDORSED ORDER denied (Rule 59(e)), [64-1] motion to alter or amend [63-1] order (Signed by Judge G. Kendall Sharp) ctc (nbl)
11/26/99 Doc. 66 MOTION by Mark Steven Hall seeking payment of litigation costs and attorney fees; referred to Magistrate Judge James G. Glazebrook (lak) (Denied by 01/03/00 Endorsed Order)
11/26/99 Doc. 67 DECLARATION of Bryan J. Brown by Mark Steven Hall Re: [66-1] motion seeking payment of litigation costs and attorney fees (lak)
11/26/99 Doc. 68 DECLARATION of Brian Fahling by Mark Steven Hall Re: [66-1] motion seeking payment of litigation costs and attorney fees (lak)
11/29/99 Doc. 69 NOTICE OF APPEAL of [0-0] endorsed order, [63-1] order by Aware Woman Center, Patricia Baird Windle, Edward W. Windle Jr. Appeal Information Sheet Sent to Appellant. Fee Status: pd Receipt # 85322 Certificate of Readiness due on 12/14/99 (rdo)
11/29/99 -- Certified copies of notice of appeal, judgment/order under appeal, and docket transmitted to USCA: [69-1] appeal ctc (rdo)
12/7/99 -- NOTICE assigning 11th Circuit case number re: [69-1] appeal USCA NUMBER: 99-14907-C (rdo)
12/8/99 Doc. 70 DECLARATION of Frederick H. Nelson by Mark Steven Hall Re: [66-1] motion seeking payment of litigation costs and attorney fees (nbl)
1/3/00 -- ENDORSED ORDER denying without prejudice [66-1] motion seeking payment of litigation costs and attorney fees. ( Signed by Magistrate Judge James G. Glazebrook ) ctc (maa)
2/18/00 Doc. 71 JUDGMENT OF USCA dismissing [71-1] appeal of order [69-1]. Appellant has failed to file the brief and record excerpts within the time fixed by the rules. Mandate date: 2/16/00
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