NEW U.S. Court of Appeals Case 09-2615 (& Mass case cont..)

[Cynthia]

12/03/2009 Open Document
6 pg, 36.65 KB CIVIL CASE docketed. Notice of appeal (doc. #196) filed by Appellants Gailon Arthur Joy and Robert Pickle. Opening forms sent. Case management deadline 12/17/2009. [09-2615] (MM)

12/03/2009 RECORD filed. Comments: Doc # 193. [09-2615] (MM)

12/04/2009 NOTICE of Filing Transcript. Dt. of Proceeding/Hearing: 06/21/2007, Type of Proceeding: Motion Hrg., Court Reporter: Kusa-Ryll, Marianne; Dt. of Proceeding/Hearing: 07/23/2007, Type of Proceeding: Motion Hrg., Court Reporter: Kusa-Ryll, Marianne. In accordance with Judicial Conference Policy, the transcript(s) will not be available to the public by remote electronic access for ninety days after the filing date. During that ninety day period, the transcript may be purchased through the court reporter or viewed at the public terminal at the district court.. [09-2615] (MM)

12/09/2009 Open Document
5 pg, 145.12 KB DOCKETING statement filed by Appellants Gailon Arthur Joy and Robert Pickle. Certificate of service dated 12/09/2009. [09-2615] (RP)
12/09/2009 Open Document
49 pg, 589.43 KB MOTION to hold case in abeyance filed by Appellants Gailon Arthur Joy and Robert Pickle in 09-2615, 08-2457. Certificate of service dated 12/09/2009. [09-2615, 08-2457] (RP)

12/11/2009 SUPPLEMENTAL Record filed. No. of Volumes: 1, Comments: Doc #93: Sealed Affidavit of Robert Pickle. [09-2615] (MM)

12/16/2009 Open Document
1 pg, 42.73 KB NOTICE of appearance on behalf of Appellees Danny Lee Shelton and Three Angels Broadcasting Network, Inc. filed by Attorney J. Lizette Richards. Certificate of service dated 12/16/2009. [09-2615] (JLR)

12/16/2009 Open Document
1 pg, 43.55 KB NOTICE of appearance on behalf of Appellees Danny Lee Shelton and Three Angels Broadcasting Network, Inc. filed by Attorney John P. Pucci. Certificate of service dated 12/16/2009. [09-2615] (JLR)

12/17/2009 Open Document
2 pg, 72.2 KB NOTICE of appearance on behalf of Appellees Danny Lee Shelton and Three Angels Broadcasting Network, Inc. in 09-2615, 08-2457 filed by Attorney M. Gregory Simpson. Certificate of service dated 12/17/2009. [09-2615, 08-2457] (MGS)

12/18/2009 Open Document
48 pg, 1.6 MB RESPONSE filed by Appellees Danny Lee Shelton and Three Angels Broadcasting Network, Inc. in 09-2615, 08-2457 to Appellants' Motion to Stay or Hold in Abeyance Their Appeal [5399691-2]. Certificate of service dated
12/18/2009. [09-2615, 08-2457]--[Edited 12/21/2009 by MM] CLERK'S NOTE: Additional attachments must be filed separately. Correction made by clerk's office. No further action required. (MGS)

12/18/2009 Open Document
3 pg, 54.85 KB AFFIDAVIT Of M. Gregory Simpson. Certificate of service dated 12/18/2009. [09-2615] (MM)

12/24/2009 Open Document
86 pg, 1.07 MB REPLY filed by Appellants Gailon Arthur Joy and Robert Pickle in 09-2615, 08-2457 to response [5402586-2]. Certificate of service dated 12/24/2009. [09-2615, 08-2457] (RP)

01/07/2010 NOTICE of Filing Transcript. Dt. of Proceeding/Hearing: 07/24/2008, Type of Proceeding: Motion Hearing, Court Reporter: Young, Maryanne; Dt. of Proceeding/Hearing: 08/09/2007, Type of Proceeding: Motion Hearing, Court Reporter: Young, Maryanne; Dt. of Proceeding/Hearing: 07/26/2007, Type of Proceeding: Tele. Conference, Court Reporter: Young, Maryanne. In accordance with Judicial Conference Policy, the transcript(s) will not be available to the public by remote electronic access for ninety days after the filing date. During that ninety day period, the transcript may be purchased through the court reporter or viewed at the public terminal at the district court.. [09-2615] (MM)

01/12/2010 SUPPLEMENTAL Record filed. No. of Volumes: 1, Comments: DOCS # 204-217, Updated Docket Sheet. [08-2457, 09-2615] (MM)

01/25/2010 SUPPLEMENTAL Record filed. No. of Volumes: 1, Comments: Docs# 223-226, Updated Docket Sheet. [08-2457, 09-2615] (MM)

02/05/2010 Open Document
13 pg, 63.26 KB STATUS report filed by Appellants Gailon Arthur Joy and Robert Pickle in 08-2457, 09-2615. Certificate of service dated 02/05/2010. [08-2457, 09-2615] (RP)

04/06/2010 Open Document
39 pg, 915.57 KB STATUS report filed by Appellants Gailon Arthur Joy and Robert Pickle in 08-2457, 09-2615. Certificate of service dated 04/06/2010. [08-2457, 09-2615] (RP)

04/07/2010 Open Document
8 pg, 24.34 KB MOTION to strike Defendants' Status Reports filed by Appellees Danny Lee Shelton and Three Angels Broadcasting Network, Inc. in 08-2457, 09-2615. Certificate of service dated 04/07/2010. [08-2457, 09-2615] (MGS)

04/18/2010 Open Document
32 pg, 136.55 KB MOTION for sanctions, to amend Defendants' 2nd Status Report & Defendants' 3rd Status Report and RESPONSE to Plaintiffs' Motion to strike Defendants' Status Reports [5434846-2]filed by Appellants Gailon Arthur Joy and Robert Pickle in 08-2457, 09-2615. Certificate of service dated 04/18/2010. [08-2457, 09-2615] (RP)

04/18/2010 Open Document
3 pg, 10.1 KB AFFIDAVIT in support of motion for sanctions [5438472-2], motion to amend document [5438472-3] filed by Appellants Gailon Arthur Joy and Robert Pickle in 08-2457, 09-2615. Certificate of service dated 04/18/2010. [08-2457, 09-2615] (RP)

04/20/2010 SUPPLEMENTAL Record filed. No. of Volumes: 1, Comments: Docs#: 218-222, 227-239, 242-247. [09-2615] (MM)

04/26/2010 Open Document
7 pg, 19.05 KB REPLY filed by Appellees Danny Lee Shelton and Three Angels Broadcasting Network, Inc. to motion for sanctions [5438472-2], motion to amend document [5438472-3]. [09-2615]--[Edited 04/27/2010 by MM] CLERK'S NOTE: Document should have been filed in additional case. Correction made by clerk's office. No further action required. (MGS)

04/26/2010 Open Document
1 pg, 6.03 KB CERTIFICATE of service for reply [5440775-2] filed by Appellees Danny Lee Shelton and Three Angels Broadcasting Network, Inc. in 09-2615. Certificate of service dated 04/26/2010. [09-2615, 08-2457] (MGS)

04/28/2010 Open Document
16 pg, 42.03 KB RESPONSE filed by Appellees Danny Lee Shelton and Three Angels Broadcasting Network, Inc. in 08-2457 to Defendants' Motion for Sanctions and to Amend Documents [5438472-2],[5438472-3]. Certificate of service dated 04/28/2010. [08-2457, 09-2615] (MGS)

04/28/2010 Open Document
1 pg, 6.03 KB CERTIFICATE of service for response [5441693-2] filed by Appellees Danny Lee Shelton and Three Angels Broadcasting Network, Inc. in 08-2457. Certificate of service dated 04/28/2010. [08-2457, 09-2615] (MGS)

Document 196 Filed 11/23/2009

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

Case No.: 07-40098-FDS
NOTICE OF APPEAL

Three Angels Broadcasting Network, Inc.,
an Illinois non-profit corporation, and
Danny Lee Shelton, individually,
Plaintiffs,

v.

Gailon Arthur Joy and Robert Pickle,
Defendants.


DEFENDANTS’ NOTICE OF APPEAL
Notice is hereby given that Gailon Arthur Joy and Robert Pickle, defendants in the above named case, hereby appeal to the United States Court of Appeals for the First Circuit from (a) an order denying Defendants’ Motion to Impose Costs entered in this action on the 13th day of April, 2009; (b) an order denying Defendants’ Motion to File Under Seal entered in this action on the 15th day of April, 2009; (c) an order denying Defendants’ Motions to Reconsider and Motion to Amend Findings, Defendants’ Motion for Leave to File Under Seal, and Defendants’ Motion for Sanctions entered in this action on the 26th day of October, 2009; and, (d) only to the extent that Plaintiffs are correct that the order(s) entered in this action on the 31st day of October and/or the 3rd day of November, 2008, were not appealable until Defendants’ Motion to Impose Costs was resolved, from the order(s) granting in its several parts Plaintiffs’ Motion for Voluntary Dismissal without prejudice entered in this action on the 31st day of October and/or the 3rd day of November, 2008.

Dated: November 23, 2009

Respectfully submitted,

/s/ Gailon Arthur Joy, pro se
Gailon Arthur Joy, pro se
P.O. Box 37
Sterling, MA 01564
Tel: (508) 872-8000

and
/s/ Robert Pickle, pro se
Robert Pickle, pro se
1354 County Highway 21
Halstad, MN 56548
Tel: (218) 456-2568
Fax: (206) 203-3751

Pacer docket:
12/03/2009 Open Document CIVIL CASE docketed. Notice of appeal (doc. #196) filed by Appellants Gailon Arthur Joy and Robert Pickle. Opening forms sent. Case management deadline 12/17/2009. [09-2615] (MM)

United States Court of Appeals
For the First Circuit
No. 09-2615

THREE ANGELS BROADCASTING NETWORK, INC., an Illinois Non-Profit Corporation; DANNY LEE SHELTON
Plaintiffs - Appellees
v.
GAILON ARTHUR JOY; ROBERT PICKLE
Defendants - Appellants

CASE OPENING NOTICE
Issued: December 3, 2009

The above-captioned appeal was docketed in this court today pursuant to Rule 12 of the Federal Rules of Appellate Procedure. The above case number and caption should be used on all papers subsequently submitted to this court. If any party disagrees with the clerk’s office’s designation of the parties on appeal, it must file a motion to amend the caption with any supporting documentation attached.

Absent an order granting such a motion, the parties are directed to use the above caption on all pleadings related to this case.

Upon confirmation by the circuit clerk that the record is complete either because no hearing was held, no transcript is necessary, or the transcript is on file, the clerk’s office will set the briefing schedule and forward a scheduling notice to the parties.

Within seven days of filing the notice of appeal, appellant must pay the filing fee to the district court clerk. An indigent appellant who seeks to appeal in forma pauperis must file a motion and financial affidavit in the district court in compliance with Fed. R. App. P. 24. Unless this court is provided with notice of paying the filing fee to the clerk of the district court or filing a motion seeking in forma pauperis status within fourteen days of the date of this notice, this appeal may be dismissed for lack of prosecution. 1st Cir. R. 3.0(b).

An appearance form should be completed and returned immediately by any attorney who wishes to file pleadings in this court. 1st Cir. R. 12.0(a) and 46.0(a)(2). Pro se parties are not required to file an appearance form. Any attorney who has not been admitted to practice before the First Circuit Court of Appeals must submit an application and fee for admission with the Case: 09-2615 Document: 00115983843 Page: 1 Date Filed: 12/03/2009 Entry ID: 5397950
appearance form. 1st Cir. R. 46.0(a)(2).

Dockets, opinions, rules, forms, attorney admission applications, the court calendar and general notices can be obtained from the court’s website at http://www.ca1.uscourts.gov. Your attention is called specifically to the notices listed below:

• . Notice to Counsel and Pro Se Litigants

• . Transcript Notice

• . Notice Regarding Registration for Electronic Noticing [http://www.ca1.uscourts.gov/files/notic ... Notice.pdf]

If you wish to inquire about your case by telephone, please contact the case manager at the direct extension listed below.

Margaret Carter, Chief Deputy Clerk

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
John Joseph Moakley
United States Courthouse
1 Courthouse Way,
Suite 2500 Boston, MA 02210
Case Manager: Melinda McKenzie - (617) 748-4214

[Cynthia]

PACER Entry:
12/09/2009 Open Document MOTION to hold case in abeyance filed by Appellants Gailon Arthur Joy and Robert Pickle in 09-2615, 08-2457. Certificate of service dated 12/09/2009. [09-2615, 08-2457] (RP)

Re Mid county - Appeal Doc 12 09 09.pdf

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5 Documents are attached to this filing

Document Description Pages
1 Open document Ex. 1: Motion filed in USDC 2
2 Open document Ex. 2: Memorandum filed in USDC 12
3 Open document Ex. 3: Affidavit filed in USDC 4
4 Open document Ex. 4: Exhibits filed in USDC 26
5 Open document Motion to Hold in Abeyance Defendants' Appeals 5
49 pages

[Cynthia]

The following documents from the above post:
1 Open document Ex. 1: Motion filed in USDC 2
2 Open document Ex. 2: Memorandum filed in USDC 12
3 Open document Ex. 3: Affidavit filed in USDC 4
4 Open document Ex. 4: Exhibits filed in USDC 26

were actually filed in the United States District Court in Massachusetts, but I will be including all of the related documents and decisions from the USDC here in this topic as a subtopic because they were attached to Pickle and Joy's "Motion to Hold in Abeyance Defendants' Appeals" in the New appeal case and are therefore related.

3ABN filed the following yesterday in response to Pickle and Joy's Motion there:

PACER Court Docket Entries for the USDC:

207 Filed & Entered: 12/17/2009
Opposition to Motion
Docket Text: Opposition re [204] MOTION to Forward Part of the Record filed by Three Angels Broadcasting Network, Inc., Danny Lee Shelton. (Simpson, M.)

208 Filed & Entered: 12/17/2009
Affidavit in Opposition to Motion
Docket Text: AFFIDAVIT in Opposition re [204] MOTION to Forward Part of the Record filed by Three Angels Broadcasting Network, Inc., Danny Lee Shelton. (Attachments: # (1) Exhibit A and B, # (2) Exhibit C-F)(Simpson, M.)

Doc 207 12 17 09.pdf

PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTION TO CERTIFY AND FORWARD PART OF THE RECORD

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Doc 208 12 17 09.pdf

AFFIDAVIT OF GREGORY SIMPSON

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Doc 208-2 12 17 09.pdf

Affidavit Attachments:
# (1) Exhibit A and B

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Doc 208-3 12 17 09.pdf

Affidavit Attachments:
# (2) Exhibit C-F)

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[Cynthia]

Pickle and Joy filed the following new Motion today in the USDC concerning the Mid County Bank records

PACER Court Docket Entries:

210 Filed & Entered: 12/18/2009
Motion to Compel
Docket Text: MOTION to Compel Plaintiffs' Counsel to Return the MidCountry Records by Gailon Arthur Joy, Robert Pickle.(Pickle, Robert)

211 Filed & Entered: 12/18/2009
Memorandum in Support of Motion
Docket Text: MEMORANDUM in Support re [210] MOTION to Compel Plaintiffs' Counsel to Return the MidCountry Records filed by Gailon Arthur Joy, Robert Pickle. (Pickle, Robert)

212 Filed & Entered: 12/18/2009
Affidavit in Support of Motion
Docket Text: AFFIDAVIT of Robert Pickle in Support re [210] MOTION to Compel Plaintiffs' Counsel to Return the MidCountry Records filed by Gailon Arthur Joy, Robert Pickle. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E)(Pickle, Robert)

Doc 210 12 18 09.pdf

MOTION to Compel..

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Doc 211 12 18 09.pdf

Memorandum in Support of Motion...

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Doc 212 12 18 09.pdf

Affidavit of Robert Pickle
& attached exhibits

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[Cynthia]

Filed & Entered: 12/18/2009
Order Referring Case to Magistrate Judge
Docket Text: Judge F. Dennis Saylor, IV: Electronic ORDER entered.
REFERRING CASE to Magistrate Judge Timothy S. Hillman
Referred for: ruliings
Motions referred:
[204] MOTION to Forward Part of the Record,
[210] MOTION to Compel Plaintiffs' Counsel to Return the MidCountry Records (Castles, Martin) Motions referred to Timothy S. Hillman.

[Cynthia]

3ABN filed their opposition to Joy and Pickle's Motion to Compel Plaintiffs' Counsel to Return the MidCountry Records on January 4, 2010

216
Filed & Entered: 01/04/2010
Opposition to Motion
Docket Text: Opposition re [210] MOTION to Compel Plaintiffs' Counsel to Return the MidCountry Records filed by Three Angels Broadcasting Network, Inc., Danny Lee Shelton. (Simpson, M.)

Doc 216 01 04 10.pdf

PLAINTIFFS’ OPPOSITION TO DEFENDANTS’ MOTION TO COMPEL
PLAINTIFFS’ COUNSEL TO RETURN THE MIDCOUNTRY RECORDS

(72.62 KiB) Downloaded 4903 times

217
Filed & Entered: 01/04/2010
Certificate of Service
Docket Text: CERTIFICATE OF SERVICE by Three Angels Broadcasting Network, Inc., Danny Lee Shelton re [216] Opposition to Motion to Compel Plaintiffs' Counsel to Return the MidCountry Records. (Simpson, M.)

In addition the transcripts of the Motion hearings and Conferences held before Magistrate Judge Hillman have been ordered and filed but will not be available for viewing or uploading here until April.

218
Filed & Entered: 01/05/2010
Transcript
Docket Text: Transcript of Telephonic Conference held on July 26, 2007, before Judge Hillman. Court Reporter: None. Transcribed by Maryann Young at 508/384-2003. The Transcript may be purchased through Maryann Young, viewed at the public terminal, or viewed through PACER after it is released. Redaction Request due 1/26/2010. Redacted Transcript Deadline set for 2/5/2010. Release of Transcript Restriction set for 4/5/2010. (Scalfani, Deborah)

219
Filed & Entered: 01/05/2010
Transcript
Docket Text: Transcript of Motion Hearing held on August 9, 2007, before Judge Hillman. Court Reporter: None. Transcribed by Maryann Young at 508/384-2003. The Transcript may be purchased through Maryann Young, viewed at the public terminal, or viewed through PACER after it is released. Redaction Request due 1/26/2010. Redacted Transcript Deadline set for 2/5/2010. Release of Transcript Restriction set for 4/5/2010. (Scalfani, Deborah)

220
Filed & Entered: 01/05/2010
Transcript
Docket Text: Transcript of Motion Hearing held on July 24, 2008, before Judge Hillman. Court Reporter: None. Transcribed by Maryann Young at 508/384-2003. The Transcript may be purchased through Maryann Young, viewed at the public terminal, or viewed through PACER after it is released. Redaction Request due 1/26/2010. Redacted Transcript Deadline set for 2/5/2010. Release of Transcript Restriction set for 4/5/2010. (Scalfani, Deborah)
221

Filed & Entered: 01/05/2010
Notice of Filing of Official Transcript
Docket Text: NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, a copy of which is attached to this entry.. (Scalfani, Deborah)

[Cynthia]

The Appeal Court and case is apparently waiting on the issue of the Mid County records to play out and be resolved.

Latest PACER court Docket Entries in The Massachusetts District Court as of Feb 19, 2010

Entries with documents related to the Mid County records are in red font.

222
Filed & Entered: 01/11/2010
Supplemental ROA Sent to USCA
Docket Text: Supplemental Record on Appeal transmitted to US Court of Appeals re [196] Notice of Appeal,,, [133] Notice of Appeal, Documents included: 204 - 217 and updated docket sheet. (Burgos, Sandra)

223
Filed & Entered: 01/11/2010
Reply to Response to Motion
Docket Text: REPLY to Response to [210] MOTION to Compel Plaintiffs' Counsel to Return the MidCountry Records filed by Gailon Arthur Joy, Robert Pickle. (Pickle, Robert)

Doc 223 01 11 10.pdf

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224
Filed & Entered: 01/11/2010
Affidavit in Support
Docket Text: AFFIDAVIT in Support re [223] Reply to Response to Motion to Compel Plaintiffs' Counsel to Return the MidCountry Records. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O, # (16) Exhibit P, # (17) Exhibit Q, # (18) Exhibit R, # (19) Exhibit S)(Pickle, Robert)

Doc 224 01 11 10.pdf

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225
Filed: 01/11/2010
Entered: 01/12/2010
Certificate of Service
Docket Text: CERTIFICATE OF SERVICE by Gailon Arthur Joy, Robert Pickle re [223] Reply to Response to Motion, [224] Affidavit in Support,. (Pickle, Robert)
--

Filed & Entered: 01/15/2010
Notice of Reassignment
Docket Text: ELECTRONIC NOTICE of Reassignment. Judge Rya W. Zobel added. Judge F. Dennis Saylor, IV no longer assigned to case. (Abaid, Kimberly)

226
Filed & Entered: 01/15/2010
Order of Recusal
Docket Text: Judge F. Dennis Saylor, IV: ORDER entered. ORDER OF RECUSAL.(Castles, Martin)

Doc 226 01 15 10.pdf

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227
Filed & Entered: 01/15/2010
Supplemental ROA Sent to USCA
Docket Text: Supplemental Record on Appeal transmitted to US Court of Appeals re [196] Notice of Appeal and [133] Notice of Appeal, Documents included: 223-226, updated docket sheet. (Burgos, Sandra)

228
Filed & Entered: 01/26/2010
Appeal Remark
Docket Text: Appeal Remark re [196] Notice of Appeal,,, [133] Notice of Appeal, : Receipt from USCA regarding supplemental records. (Burgos, Sandra)

-- Filed & Entered: 01/29/2010
Order on Motion for Miscellaneous Relief
Docket Text: Magistrate Judge Timothy S. Hillman: Electronic ORDER entered denying [204] Motion to Forward Part of the Record by Gailon Arthur Joy, Robert Pickle. (Belpedio, Lisa)

-- Filed & Entered: 01/29/2010
Order on Motion to Compel
Docket Text: Magistrate Judge Timothy S. Hillman: Electronic ORDER entered denying [210] Motion to Compel Plaintiffs' Counsel to Return the MidCountry Records by Gailon Arthur Joy, Robert Pickle. (Belpedio, Lisa)

-- Filed & Entered: 01/29/2010
Case no longer referred to Magistrate Judge
Docket Text: Case no longer referred to Magistrate Judge Timothy S. Hillman. (Belpedio, Lisa)


229 Filed & Entered: 02/03/2010
Objection
Docket Text: Objection by Gailon Arthur Joy, Robert Pickle to Magistrate Judge's January 29, 2010, electronic orders. (Pickle, Robert)

Doc 229 02 03 10.pdf

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230 Filed & Entered: 02/03/2010
Affidavit in Support
Docket Text: AFFIDAVIT in Support re [229] Objection by Gailon Arthur Joy, Robert Pickle to Magistrate Judge's January 29, 2010, electronic orders. (Pickle, Robert)

Doc 230 02 03 10.pdf

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231 Filed & Entered: 02/18/2010
Response
Docket Text: Response by Three Angels Broadcasting Network, Inc., Danny Lee Shelton to [229] Objection by Defendants to Magistrate Judge's Orders. (Simpson, M.)

Doc 231 02 18 10.pdf

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232 Filed & Entered: 02/18/2010
Certificate of Service
Docket Text: CERTIFICATE OF SERVICE by Three Angels Broadcasting Network, Inc., Danny Lee Shelton re [231] Response to Objection by Defendants to Magistrate Judge's Orders. (Simpson, M.)