Williams, Patricia v. State of WI DWD et al

Filing 63

Transmission of Notice of Appeal, Docketing Statement, Docket Sheet and Judgment to Seventh Circuit Court of Appeals re 61 Notice of Appeal. (Attachments: # 1 Docketing Statement, # 2 Order, # 3 Judgment, # 4 Docket sheet) (jef),(ps)

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U.S. District Court Western District of Wisconsin (Madison) CIVIL DOCKET FOR CASE #: 3:16−cv−00830−bbc Williams, Patricia v. Wisconsin Department of Workforce Development Assigned to: District Judge Barbara B. Crabb Referred to: Magistrate Judge Stephen L. Crocker Case in other court: Seventh Circuit Court of Appeals, 17−02538 Cause: 29:0794 Job Discrimination (Disability) Plaintiff Patricia Ann Williams also known as Patricia Williams Date Filed: 12/13/2016 Date Terminated: 11/13/2017 Jury Demand: None Nature of Suit: 446 Civil Rights: Americans with Disabilities − Other Jurisdiction: Federal Question represented by Patricia Ann Williams P.O. Box 259583 Madison, WI 53725 608−841−1369 PRO SE V. Defendant Wisconsin Department of Workforce Development Defendant Raymond Allen TERMINATED: 02/02/2017 Defendant Delora Newton TERMINATED: 02/02/2017 Defendant Enid Glenn TERMINATED: 02/02/2017 Defendant Nicholas Lampone TERMINATED: 02/02/2017 Defendant Brian Hayes TERMINATED: 02/02/2017 Date Filed # Docket Text represented by Katherine D. Spitz Wisconsin Department of Justice 17 W. Main Street P.O. Box 7857 Madison, WI 53707−7857 608−266−1001 Fax: 608−267−8906 Email: spitzkd@doj.state.wi.us LEAD ATTORNEY ATTORNEY TO BE NOTICED 12/13/2016 1 COMPLAINT against defendants, filed by Patricia Ann Williams. (Case non−randomly assigned to District Judge Barbara B. Crabb.) (Attachments: # 1 Email exchange with Administrative Law Judge Peter McCombs, # 2 Individualized Plan for Employment (IPE), # 3 Email and letter from WI DWD Patrick Schultz, # 4 Email and letter from Tammy Baldwin's office, # 5 Email from U.S. Dept. of Labor Special Agent Abramson, # 6 IPE and DWD Informed Choice webpages, # 7 Letters from Cathy Steffke, Disability Rights Wisc., # 8 Patricia Williams resume, # 9 U.S. Dept. of Education policy directive re: implemenation of Informed Choice, # 10 Client Assistance Program (CAP) webpage, # 11 Email, letter, webpage re: Marquette Law School, # 12 Email, letter, webpage re: UW Madison Law School, # 13 Law School Admission Counsel application webpages, # 14 Workforce Innovation and Opportunity Act final rules overview, # 15 361.48 Scope of vocational rehabilitation services, # 16 Division of Vocational Rehabilitation (DVR) brochure, # 17 Pg. 5 of DVR Policy Manual, # 18 361.5 Applicable definitions, # 19 Unmarked page excerpt re: DVR) (jef) (Attachment 3 replaced on 1/23/2017) (jef). (Entered: 12/14/2016) 12/13/2016 2 Supplement to 1 Complaint, filed by Patricia Ann Williams (jef),(ps) (Entered: 12/14/2016) 12/13/2016 3 Motion for Leave to Proceed in forma pauperis by Plaintiff Patricia Ann Williams. (jef),(ps) (Entered: 12/14/2016) 12/15/2016 4 ORDER on ifp request: Complaint taken under advisement for screening. Signed by Magistrate Judge Peter A. Oppeneer on 12/15/2016. (jef),(ps) (Entered: 12/15/2016) 12/16/2016 5 Motion to Add Judge Peter McCombs Decision to this Case, by Plaintiff Patricia Ann Williams. (Attachments: # 1 email exchange between ALJ McCombs and plaintiff Patricia Williams, # 2 Decision in Case No. DVR−16−0021 dated 12/14/16, # 3 Envelope) (nln),(ps) (Entered: 12/16/2016) 12/30/2016 6 Motion to Add the Memorandum of Agreement Between the Department of Workforce Development Division of Vocational Rehabilitation and the DOA Division of Hearings and Appeals by Plaintiff Patricia Ann Williams. (Attachments: # 1 Memorandum of Agreement Between the Division of Hearings and Appeals the Department of Workforce Development, # 2 Envelope) (elc),(ps) (Entered: 12/30/2016) 01/19/2017 7 Motion to Consolidate Cases by Plaintiff Patricia Williams. (Attachments: # 1 Envelope) (elc),(ps) (Entered: 01/19/2017) 02/02/2017 8 ORDER on Leave to Proceed: Plaintiff granted leave to proceed against Defendant Department of Workforce Development. Leave to proceed denied and case dismissed against Brian Hayes, Nicholas Lampone, Delora Newton, Raymond Allen and Enid Glenn. Service to be made by USMS. Williams may have until February 17, 2017, to file an amended complaint that corrects the defects identified in this order as to the claims being dismissed. If Williams does not file an amended complaint by that date, she will have to satisfy the requirements of Federal Rule of Civil Procedure 15 if she wishes to file an amended complaint at a later date. Williams's motion for leave to amend her complaint to add Peter McCombs as a defendant, Dkt. 5 , and "motion to add agreement," Dkt. 6 , are DENIED. Signed by District Judge James D. Peterson on 2/2/2017. (jef),(ps) (Entered: 02/02/2017) 02/02/2017 9 ORDER denying plaintiff Patricia Williams's motion to consolidate, Dkt. 17 (in case no. 16−cv−475−bbc), and Dkt. 7 (in case no. 16−cv−830−bbc), without prejudice to Williams's refiling it after the defendants in case no. 16−cv−830−bbc have filed an answer to the complaint. Signed by District Judge James D. Peterson on 2/2/2017. (jef),(ps) (Entered: 02/02/2017) 02/02/2017 10 Summons Issued as to Wisconsin Department of Workforce Development. Forwarded to U.S. Marshals for service. (jef),(ps) (Entered: 02/02/2017) 02/02/2017 Set Deadlines: Amendments to Pleadings due 2/17/2017 per 2/2/2017 order. (elc),(ps) (Entered: 02/02/2017) 02/03/2017 11 Proposed Amended Complaint titled as Motion to Amend/Correct 1 Complaint, by Plaintiff Patricia Ann Williams. (jef),(ps) Modified text on 2/3/2017 (jef). (Entered: 02/03/2017) 02/08/2017 12 Motion to Amend and Add to Complaint, by Plaintiff Patricia Ann Williams. (Attachments: # 1 11/20/15 email from Joe Ledger re Employment and Training Specialist Interview, # 2 2/1/17 email to AAG Spitz from plaintiff forwarding 11/20/15 email from Joe Ledger re Employment and Training Specialist Interview, # 3 2/1/17 email to AAG Spitz from plaintiff forwarding 11/23/15 email from Joe Ledger re Employment and Training Specialist scheduled interview, # 4 2/1/17 email to AAG Spitz from plaintiff forwarding 1/6/16 email from Joe Ledger re Employment and Training Specialist Position, # 5 Envelope) (nln),(ps) (Entered: 02/08/2017) 02/15/2017 13 Motion to Add DWD, The Division of Employment & Training, Bruce Palzkill and Joseph Ledger as Defendants by Plaintiff Patricia Ann Williams. (Attachments: # 1 Documents − e−mails, Invoices, checks, # 2 Envelope) (elc),(ps) (Entered: 02/15/2017) 02/21/2017 14 Motion to add defendants and witnesses to amended complaint, by Plaintiff Patricia Ann Williams. (Attachments: # 1 Envelope) (jef),(ps) (Entered: 02/21/2017) 02/21/2017 15 Motion to add DVR questionnaire and emails to complaint by Plaintiff Patricia Ann Williams. (Attachments: # 1 Emails regarding DVR investigation questions, # 2 Questions) (jef),(ps) (Entered: 02/21/2017) 02/27/2017 16 ORDER denying plaintiff Patricia Williams's 11 , 12 motions for leave to amend her complaint. Signed by District Judge James D. Peterson on 2/27/2017. (jef),(ps) (Entered: 02/27/2017) 02/27/2017 17 ORDER denying plaintiff Patricia Ann Williams's motion for leave to amend her complaint, Dkt. 32 (in case no. 16−cv−475−bbc), and Dkt. 13 (in case no. 16−cv−830−bbc). Defendant Department of Workforce Development's motion to "strike" Williams's motion, Dkt. 33 (in case no. 16−cv−475−bbc), is DENIED as moot. Williams's "Motion to Add Defendants & Witnesses to Plaintiff['s] Amended Complaint," Dkt. 34 (in case no. 16−cv−475−bbc), and Dkt. 14 (in case no. 16−cv−830−bbc) and "Motion to Add DVR Investigation Questionnaire and Email to Plaintiff['s] Complaint," Dkt. 35 (in case no. 16−cv−475−bbc), and Dkt. 15 (in case no. 16−cv−830−bbc), are DENIED. Signed by District Judge James D. Peterson on 2/27/2017. (jef),(ps) (Entered: 02/27/2017) 03/17/2017 18 Motion for Leave to Amend Complaint dated March 17, 2017 by Plaintiff Patricia Ann Williams. (Attachments: # 1 DVR/DWD Release of Confidential Information and Records Notice) (elc),(ps) (Entered: 03/20/2017) 03/20/2017 19 Motion for Leave to Amend Complaint dated March 15, 2017 by Plaintiff Patricia Ann Williams. (Attachments: # 1 Envelope) (elc),(ps) (Entered: 03/20/2017) 03/20/2017 20 Proposed Amended Complaint by Plaintiff Patricia Ann Williams. (Attachments: # 1 Continued Statement of Claim) (elc),(ps) (Entered: 03/20/2017) 03/20/2017 21 Request to Proceed in District Court without Prepaying the Filing Fee by Plaintiff Patricia Ann Williams. (elc),(ps) (Entered: 03/20/2017) 03/20/2017 22 Motion for Leave to Amend Complaint dated March 16, 2017 by Plaintiff Patricia Ann Williams. (Attachments: # 1 Envelope) (elc),(ps) (Entered: 03/20/2017) 03/20/2017 23 Proposed Amended Complaint by Plaintiff Patricia Ann Williams. (elc),(ps) (Entered: 03/20/2017) 03/20/2017 24 Motion for Leave to Amend Complaint dated March 20, 2017, by Plaintiff Patricia Ann Williams. (Attachments: # 1 DWD Employment and Training Specialist Project) (nln),(ps) (Entered: 03/20/2017) 03/22/2017 25 Motion for Assistance in Recruiting Counsel by Plaintiff Patricia Ann Williams. (Attachments: # 1 Attorney email responses) (jef),(ps) (Entered: 03/22/2017) 03/27/2017 26 Motion for Leave to Amend dated March 27, 2017 by Plaintiff Patricia Ann Williams. (Attachments: # 1 Envelope) (elc),(ps) (Entered: 03/27/2017) 03/28/2017 27 Notice of Appearance filed by Katherine D. Spitz for Defendant Wisconsin Department of Workforce Development, (Attachments: # 1 Certificate of Service) (Spitz, Katherine),(ps) (Entered: 03/28/2017) 03/28/2017 28 Marshal Service Return Executed. Wisconsin Department of Workforce Development served on 3/23/2017, answer due 4/13/2017. (jef),(ps) (Entered: 03/28/2017) 03/29/2017 29 ORDER denying plaintiff's 18 19 22 24 26 motions for leave to amend her complaint; denying plaintiff's 25 motion for assistance in recruiting counsel. Signed by District Judge Barbara B. Crabb on 3/29/2017. (jef),(ps) (Entered: 03/29/2017) 04/12/2017 30 ANSWER by Defendant Wisconsin Department of Workforce Development, (Attachments: # 1 Exhibit 1 − Renumbered Complaint, # 2 Certificate of Service) (Spitz, Katherine),(ps) (Entered: 04/12/2017) 04/12/2017 04/19/2017 Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 4/27/2017 at 02:30 PM before Magistrate Judge Stephen L. Crocker. Plaintiff is responsible for contacting the court at (608) 264−5153. Once plaintiff's call has been received, the court will then include counsel for defendant in the conference call. [Notice Regarding the Telephone Preliminary Pretrial Conference attached] (elc),(ps) (Entered: 04/12/2017) 31 Motion and Memorandum to Consolidate Cases and Add Defendants by Plaintiff Patricia Ann Williams. (Attachments: # 1 Envelope) (elc),(ps) (Entered: 04/19/2017) 04/19/2017 Set Deadlines as to (46 in 3:16−cv−00475−bbc, 31 in 3:16−cv−00830−bbc) Motion to Consolidate Cases and Add Defendants. Defendants' Brief in Opposition due 5/3/2017. Plaintiff's Brief in Reply due 5/10/2017. (elc),(ps) (Entered: 04/19/2017) 04/27/2017 Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Preliminary Pretrial Conference − Pro Se held on 4/27/2017 [:20] (cak),(ps) (Entered: 04/27/2017) 04/28/2017 32 Pretrial Conference Order − Dispositive Motions due 8/11/2017. Final Pretrial Submissions and Disclosures due 12/8/2017. Responses due 12/22/2017. Final Pretrial Conference set for 1/11/2018 at 04:00 PM. Jury Selection and Trial set for 1/16/2018 at 09:00 AM. Signed by Magistrate Judge Stephen L. Crocker on 4/28/2017. (jef),(ps) (Entered: 04/28/2017) 05/03/2017 33 Brief in Opposition by Defendant Wisconsin Department of Workforce Development re: 31 Motion to Consolidate Cases filed by Patricia Ann Williams, (Attachments: # 1 Certificate of Service) (Spitz, Katherine),(ps) (Entered: 05/03/2017) 05/08/2017 34 Motion and Memorandum to Consolidate Cases & Add Defendants by Plaintiff Patricia Williams. (Attachments: # 1 Envelope) (elc),(ps) (Entered: 05/08/2017) 05/12/2017 35 ORDER granting plaintiff Patricia Williams leave to proceed on her claim in case no. 17−cv−254−bbc that defendant Department of Workforce Development refused to give her a permanent position because of her disability, in violation of the Rehabilitation Act. All other claims in case no. 17−cv−254 and case no. 17−cv−253−bbc and case no. 17−cv−255−bbc are DISMISSED WITHOUT PREJUDICE for plaintiff's failure to provide fair notice of those claims. Plaintiff may have until May 31, 2017, to file amended complaints in case nos. 17−cv−253−bbc and 17−cv−255−bbc. Plaintiff's motion to consolidate, dkts. ## 31 and 34 (in case no. 16−cv−830−bbc) and dkt. #4 (in case nos. 17−cv−253−bbc, 17−cv−254−bbc and 17−cv−255−bbc), is DENIED. The clerk of court is directed to forward copies of plaintiff's complaint in case no. 17−cv−254−bbc, completed summons forms and this order to the U.S. Marshal for service on defendant Department of Workforce Development. Signed by District Judge Barbara B. Crabb on 5/12/2017. (jef),(ps) (Entered: 05/12/2017) 06/27/2017 36 Motion to Change Venue Reconsideration re (12 in 3:17−cv−00253−bbc, 17 in 3:17−cv−00254−bbc, 12 in 3:17−cv−00255−bbc ) Order on plaintiff Patricia Williams's "motion to change venue. (jef),(ps) (Entered: 06/27/2017) 07/11/2017 37 ** TEXT ONLY ORDER ** Pro se plaintiff Patricia Williams has filed a motion for reconsideration of the order denying her motion to transfer case no. 17−cv−254−bbc to the Eastern District of Wisconsin. For reasons she does not explain, her motion for reconsideration includes her other pending cases as well (case nos. 16−cv−830−bbc, 17−cv−253−bbc and 17−cv−255−bbc). In any event, nothing in plaintiff's motion for reconsideration shows that transfer is required or even appropriate in any of her cases. Accordingly, IT IS ORDERED that plaintiff's motion for reconsideration is DENIED. Signed by District Judge Barbara B. Crabb on 7/11/2017. (jef),(ps) (Entered: 07/11/2017) 07/19/2017 38 Unopposed Motion for Extension of Time To File Dispositive Motions by Defendant Wisconsin Department of Workforce Development. Motions referred to Magistrate Judge Stephen L. Crocker. (Attachments: # 1 Certificate of Service) (Spitz, Katherine),(ps) (Entered: 07/19/2017) 07/19/2017 39 Declaration of Katherine D. Spitz filed by Defendant Wisconsin Department of Workforce Development re: 38 MOTION for Extension of Time, (Attachments: # 1 Exhibit 1− Notice of Deposition, # 2 Exhibit 2− 7.18.17 dated email) (Spitz, Katherine),(ps) (Entered: 07/19/2017) 07/19/2017 40 ** TEXT ONLY ORDER ** ORDER granting 38 Unopposed Motion for Extension of Time. Dispositive Motions due 8/25/2017. Signed by Magistrate Judge Stephen L. Crocker on 7/19/2017. (jef),(ps) (Entered: 07/19/2017) 07/28/2017 41 NOTICE OF APPEAL − INTERLOCUTORY by Plaintiff Patricia Ann Williams as to 37 Text Only Order. In forma pauperis pending. No Docketing Statement filed. (Attachments: # 1 Envelope) (jef),(ps) Modified text on 7/28/2017 (jef). (Entered: 07/28/2017) 07/28/2017 42 Appeal Information Packet. (jef),(ps) (Entered: 07/28/2017) 07/28/2017 43 Transmission of Notice of Appeal, Docket Sheet and Judgment to Seventh Circuit Court of Appeals re 41 Notice of Appeal. (Attachments: # 1 Text order, July 11, 2017, # 2 Docket sheet) (jef),(ps) (Entered: 07/28/2017) 07/31/2017 08/02/2017 USCA Case Number 17−2538 for 41 Notice of Appeal filed by Patricia Ann Williams. (jef),(ps) (Entered: 07/31/2017) 44 ORDER denying plaintiff Patricia Williams's request for leave to proceed in forma pauperis on appeal. I certify that plaintiff's appeal is not taken in good faith. I decline to certify plaintiff's interlocutory appeal under 28 U.S.C. § 1292(b). Plaintiff's motion to "strike," dkt. #18 (in case nos. 17−cv−253−bbc and 17−cv−255−bbc) and dkt. #24 (in case no. 17−cv−254−bbc), is DENIED as unnecessary. Plaintiff's motion for a temporary restraining order, dkt. #19 (in case nos. 17−cv−253−bbc and 17−cv−255−bbc) and dkt. #25 (in case no. 17−cv−254−bbc), is DENIED. Signed by District Judge Barbara B. Crabb on 8/2/2017. (jef),(ps) Modified on 8/3/2017. (lak) (Entered: 08/02/2017) 08/14/2017 45 Transcript Request Form by Plaintiff Patricia Ann Williams re 41 Notice of Appeal. (Attachments: # 1 Envelope) (elc),(ps) (Entered: 08/14/2017) 08/17/2017 46 Court Reporter Certification of Seventh Circuit Transcript Information Sheet re 41 Notice of Appeal. (elc),(ps) (Entered: 08/17/2017) 08/25/2017 47 Deposition of Patricia Ann Williams taken on August 14, 2017, (Attachments: # 1 Certificate of Service) (Spitz, Katherine),(ps) (Entered: 08/25/2017) 08/25/2017 48 MOTION FOR SUMMARY JUDGMENT by Defendant Wisconsin Department of Workforce Development. (Spitz, Katherine),(ps) (Entered: 08/25/2017) 08/25/2017 49 Brief in Support of 48 Motion for Summary Judgment by Defendant Wisconsin Department of Workforce Development. (Spitz, Katherine),(ps) (Entered: 08/25/2017) 08/25/2017 50 Proposed Findings of Fact filed by Defendant Wisconsin Department of Workforce Development re: 48 Motion for Summary Judgment. (Spitz, Katherine),(ps) (Entered: 08/25/2017) 08/25/2017 51 Declaration of Nicholas Lampone filed by Defendant Wisconsin Department of Workforce Development re: 48 Motion for Summary Judgment, (Attachments: # 1 Exhibit 1000 − DVR Program Policy, # 2 Exhibit 1001 − DVR Hearing Submissions, # 3 Exhibit 1002 − Judge Peter McCombs Decision) (Spitz, Katherine),(ps) Modified on 8/28/2017. (lak) (Entered: 08/25/2017) 08/25/2017 52 Declaration of Patrick Schultz filed by Defendant Wisconsin Department of Workforce Development re: 48 Motion for Summary Judgment, (Attachments: # 1 Exhibit 1003 − Schultz Case Notes, # 2 Exhibit 1004 − 5.23.16 Expectations Letter, # 3 Exhibit 1005 − 5.28.16 Email Exchange, # 4 Exhibit 1006 − 6.8.16 IPE, # 5 Exhibit 1007 − 6.15.17 Denial Letter (June 14, 2016)) (Spitz, Katherine),(ps) Modified on 8/28/2017. (lak) (Entered: 08/25/2017) 08/25/2017 53 Declaration of Katherine Spitz filed by Defendant Wisconsin Department of Workforce Development re: 48 Motion for Summary Judgment, (Attachments: # 1 Exhibit 1008 − Exhibit 4 to Williams' Deposition − E−mail dated 10/20/2016) (Spitz, Katherine),(ps) Modified on 8/28/2017: Added exhibit description. (lak) (Entered: 08/25/2017) 08/28/2017 09/20/2017 Set Briefing Deadlines as to 48 MOTION FOR SUMMARY JUDGMENT. [Pro Se Summary Judgment Procedure for Cases Assigned to Judge Crabb attached.] Plaintiff's Brief in Opposition due 9/27/2017. Defendant's Brief in Reply due 10/10/2017. (nln),(ps) (Entered: 08/28/2017) 54 Brief in Opposition by Plaintiff Patricia Ann Williams re: 48 Motion for Summary Judgment filed by Wisconsin Department of Workforce Development. Note: No Exhibit 6 included with submission. (Attachments: # 1 Exhibit 1 − Individualized Plan for Employment (IPE), # 2 Exhibit 1 − Exception Request/Process, # 3 Exhibit 2 − Letter from Patrick Schultz dated 10/24/16, # 4 Exhibit 3 − IPE Extensions, # 5 Exhibit 4 − The Hechinger Report, # 6 Exhibit 5 − DWD/DVR 2014 Program Policy cover page, # 7 Exhibit 7 − email exchange re: evaluation appointment, # 8 Exhibit 8 − DWD/DVR August 2014 and 2017 Program Policy cover pages, # 9 Exhibit 9 − email re: California School of Law Acceptance Letter, # 10 Certificate of Service) (nln),(ps) Modified on 9/20/2017 (nln). (Entered: 09/20/2017) 09/20/2017 55 Response to Proposed Findings of Fact filed by Plaintiff Patricia Ann Williams re: 48 Motion for Summary Judgment. (nln),(ps) (Entered: 09/20/2017) 10/10/2017 56 Brief in Reply by Defendant Wisconsin Department of Workforce Development in Support of 48 Motion for Summary Judgment, (Attachments: # 1 Certificate of Service) (Spitz, Katherine),(ps) (Entered: 10/10/2017) 10/10/2017 57 Reply in Support of Proposed Findings of Fact filed by Defendant Wisconsin Department of Workforce Development re: 48 Motion for Summary Judgment. (Spitz, Katherine),(ps) (Entered: 10/10/2017) 10/23/2017 58 ORDER from USCA dismissing appeal as to 41 Notice of Appeal filed by Patricia Ann Williams. No record to be returned. (Attachments: # 1 Mandate) (jef),(ps) (Entered: 10/23/2017) 11/13/2017 59 ORDER granting defendant's 48 Motion for Summary Judgment. The clerk of court is directed to enter judgment for defendant and close this case. Signed by District Judge Barbara B. Crabb on 11/13/2017. (jef),(ps) (Entered: 11/13/2017) 11/13/2017 60 JUDGMENT entered in favor of Defendant Wisconsin Department of Workforce Development dismissing the case. Signed by Peter A. Oppeneer, Clerk of Court on 11/13/2017. (jef),(ps) (Entered: 11/13/2017) 11/16/2017 61 NOTICE OF APPEAL by Plaintiff Patricia Ann Williams as to 60 Judgment, 59 Order on Motion for Summary Judgment. In forma pauperis previously granted. Docketing Statement filed. (Attachments: # 1 Docketing Statement) (jef),(ps) (Entered: 11/16/2017) 11/16/2017 62 Transcript Request Form by Plaintiff Patricia Ann Williams re 61 Notice of Appeal. (jef),(ps) (Entered: 11/16/2017)

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