Free Letter re Appeal - District Court of Colorado - Colorado

CM/ECF - U.S. District Court:cod - Docket Report Case 1:03-cv-02442-EWN Document 90-3

Filed 07/02/2007

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U.S. District Court District of Colorado (Denver) CIVIL DOCKET FOR CASE #: 1:03-cv-02442-EWN Internal Use Only

Harrison, et al v. Gilbert, et al Assigned to: Chief Judge Edward W. Nottingham Demand: $245,000,000 Case in other court: 04-01420 USDC CO, 03-N-816(BNB) Cause: 18:241 Conspiracy Against Citizen Rights Plaintiff Frederick P. Harrison

Date Filed: 12/03/2003 Date Terminated: 09/15/2004 Jury Demand: None Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question

represented by Frederick P. Harrison c/o Christina Harrison 6232 Gossamer Street Colorado Springs, CO 80911 719-360-5196 PRO SE

Plaintiff C.I.H. (children) appearing by and through their father other Frederick P. Harrison Plaintiff J.Y.H. (children) appearing by and through their father other Frederick P. Harrison Plaintiff Christina A. Harrison represented by Christina A. Harrison 6232 Gossamer Street Colorado Springs, CO 80911 719-360-5196 PRO SE

Plaintiff I.A.H. (a child) appearing by and through his mother other

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:03-cv-02442-EWN Document 90-3

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Christina A. Harrison V. Defendant David A. Gilbert Judge, Fourth Judicial District Court, El Paso County, Colorado represented by Christine K. Wilkinson Colorado Attorney General's OfficeTort Litigation Tort Litigation Section 1525 Sherman Street, 5th Floor Denver, CO 80203 303-866-5687 Fax: 303-866-5443 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Dianne E. Eret Colorado Attorney General's OfficeDepartment of Law 1525 Sherman Street 5th Floor Denver, CO 80203 303-866-5380 Fax: 303-866-5671 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Colorado, People of the State of Defendant Johnny Bohnen El Paso County Attorney Office for the Department of Human Services represented by Jay Allen Lauer El Paso County Attorney's Office Main Office 27 East Vermijo Avenue 3rd Floor Colorado Springs, CO 80903-2208 719-520-7370 Fax: 719-520-6487 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Diane C. Boldt Guardian ad Litem represented by Christine K. Wilkinson (See above for address) LEAD ATTORNEY

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:03-cv-02442-EWN Document 90-3

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ATTORNEY TO BE NOTICED Defendant Ann Rotolo Guardian ad Litem represented by Christine K. Wilkinson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Phillip Bradley Sharp Esq. represented by Christopher Brian Little Montgomery Little Soran & Murray, P.C. 5445 DTC Parkway #800 Greenwood Village, CO 80111-3053 303-773-8100 Fax: 303-220-0412 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Bryan Hunt Esq. represented by Bryan L. Hunt Theodore F. Radkiewicz Law Office 724 South Cascade Colorado Springs, CO 80903 719-578-1022 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Ken Larson Detective, El Paso County Sheriff Office represented by Jay Allen Lauer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Tina-Marie T. Harrison

Date Filed 12/03/2003 12/03/2003 12/22/2003 12/22/2003

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Docket Text 1 COMPLAINT (Summons(es) issued) (bpm) (Entered: 12/04/2003) FILING FEE PAID: on 12/3/03 in the amount of $ 150, receipt # 248157. (bpm) (Entered: 12/04/2003) 2 NOTICE of Change of address of Christina A. Harrison by plaintiff Christina A. Harrison (pap) (Entered: 12/23/2003) 3 MOTION by plaintiffs for temporary restraining order , and/or for

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:03-cv-02442-EWN Document 90-3

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preliminary injunction (pap) (Entered: 12/23/2003) 12/22/2003 4 Memorandum (BRIEF) by plaintiffs in support of motion for temporary restraining order [3-1], motion for preliminary injunction [3-2] (pap) (Entered: 12/23/2003) 5 Special ATTORNEY APPEARANCE for defendant Bryan Hunt by Bryan L. Hunt and objection to juridiction (pap) (Entered: 12/31/2003) 6 ATTORNEY APPEARANCE for Johnny Bohnen, Ken Larson by Jay Allen Lauer (pap) (Entered: 01/07/2004) 7 MOTION by County Dfts Johnny Bohnen, Ken Larson to dismiss for lack of jurisdiction (pap) (Entered: 01/07/2004) 8 MOTION by State Dfts David A. Gilbert, Diane C. Boldt, Ann Rotolo for extension of time to file their answer or other responsive pleading to and including 1/27/04 (pap) (Entered: 01/08/2004) 9 RETURN OF SERVICE of Summons and Complaint upon defendant Diane C. Boldt on 12/18/03 by leaving with: Rendi Bryant, Secretary (pap) (Entered: 01/12/2004) 10 RETURN OF SERVICE of Summons and Complaint upon defendant Ann Rotolo on 12/18/03 by leaving with: Susan, at front desk (pap) (Entered: 01/12/2004) 11 RETURN OF SERVICE of Summons and Complaint upon defendant Tina-Marie T. Harrison on 12/12/03 by leaving with: dft (pap) (Entered: 01/12/2004) 12 RETURN OF SERVICE of Summons and Complaint upon defendant David A. Gilbert on 12/18/03 by leaving with: Susan, at fron desk (pap) (Entered: 01/12/2004) 13 RETURN OF SERVICE of Summons and Complaint upon defendant Ken Larson on 12/16/03 by leaving with: Dawn Capps (pap) (Entered: 01/12/2004) 14 RETURN OF SERVICE of Summons and Complaint upon defendant Phillip Bradley Sharp on 12/??/03 by leaving with: Jodi Selby (pap) (Entered: 01/12/2004) 15 RETURN OF SERVICE of Summons and Complaint upon defendant Johnny Bohnen on 12/18/03 by leaving with: secretary and balding man who refused to give names (pap) (Entered: 01/12/2004) 16 RETURN OF SERVICE of Summons and Complaint upon defendant Bryan Hunt on 12/16/03 by leaving with: Ted Kadkiewicz, on door (pap) (Entered: 01/12/2004) 17 MOTION by State Dfts David A. Gilbert, Diane C. Boldt, Ann Rotolo for extension of time to respond to Motion for TRO and/or prelim inj up to and including 2/3/04 and supporting brief (pap) (Entered: 01/12/2004)

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:03-cv-02442-EWN Document 90-3

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01/09/2004

18 MOTION by plaintiffs for leave to enjoin as a dft the Board of County Commissioners of the county of El Paso County (pap) (Entered: 01/12/2004) 19 Answer (RESPONSE) by plaintiffs to dfts' motion to dismiss for lack of jurisdiction [7-1] (pap) (Entered: 01/12/2004) 20 MOTION by plaintiffs for summary judgment as to dft Tina-Maire T. Harrison (pap) Modified on 01/12/2004 (Entered: 01/12/2004) 21 Reply (RESPONSE) by plaintiffs to Brian Hunt's motion of special appearance (attorney [5-1]) and objectio to jurisdiction (pap) (Entered: 01/12/2004) 22 MOTION by plaintiffs for summary judgment as to dft Bryan Hunt (pap) (Entered: 01/12/2004) 23 RESPONSE and Objections by plaintiffs to dfts' motion for extension of time to respond to Motion for TRO and/or prelim inj up to and including 2/3/04 [17-1] (pap) (Entered: 01/13/2004) 24 MOTION by plaintiffs for (order) status as to their motion for TRO and/or prelim inj (pap) (Entered: 01/13/2004) 25 RESPONSE and objections by plaintiff to motion for extension of time to file their answer or other responsive pleading to and including 1/27/04 [8-1] (pap) (Entered: 01/13/2004) 26 MOTION by plaintiffs for summary judgment (pap) (Entered: 01/14/2004) 27 MOTION by defendant Phillip Bradley Sharp to extend time to answer or otherwise respond to complaint to and including 1/22/04 (pap) (Entered: 01/14/2004) 28 Reply and Objections (RESPONSE) by plaintiffto State Dfts' motion for extension of time to respond to Motion for TRO and/or prelim inj up to and including 2/3/04 [17-1] (pap) (Entered: 01/14/2004) 29 MOTION by plaintiffs for summary judgment (pap) (Entered: 01/15/2004) 30 Reply (RESPONSE) by plaintiffs to dft Sharp's motion to extend time to answer or otherwise respond to complaint to and including 1/22/04 [27-1] (pap) (Entered: 01/20/2004) 31 Reply (RESPONSE) by plaintiffs to dft Sharp's motion to extend time to answer or otherwise respond to complaint to and including 1/22/04 [27-1] (pap) (Entered: 01/21/2004) 32 MOTION by defendant Phillip Bradley Sharp to dismiss for lack of jurisdiction with citation to authority (pap) (Entered: 01/23/2004) 33 MINUTE ORDER : by Judge Edward W. Nottingham granting state dfts' motion for extension of time to file their answer or other responsive

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:03-cv-02442-EWN Document 90-3

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pleading to and including 1/27/04 [8-1] (cc: all counsel) ; entry date : 1/26/04 (pap) (Entered: 01/26/2004) 01/26/2004 34 RESPONSE by dfts Johnny Bohnen, Ken Larson in opposition to plas' motion for temporary restraining order [3-1], motion for preliminary injunction [3-2] (pap) (Entered: 01/27/2004) 35 MOTION by dfts Diane C. Boldt, Ann Rotolo to dismiss (pap) (Entered: 01/28/2004) 36 MOTION by defendant David A. Gilbert to dismiss (pap) (Entered: 01/28/2004) 37 MOTION by plaintiffs for extension of time to respond to plas' motion for TRO and prelim inj of 20 days (pap) (Entered: 01/30/2004) 38 MOTION by plaintiffs to strike county dfts' motion response [34-1] (pap) (Entered: 01/30/2004) 39 MOTION by plaintiffs for extension of time to respond to dft Sharp's motion to dismiss up until 20 days (pap) (Entered: 01/30/2004) 40 MOTION by plaintiffs to strike dft Sharp's motion to dismiss for lack of jurisdiction [32-1] (pap) (Entered: 01/30/2004) 41 RESPONSE by State Defendants David A. Gilbert, Diane C. Boldt, Ann Rotolo to motion for temporary restraining order [3-1], motion for preliminary injunction [3-2] and supporting brief (pap) Modified on 02/13/2004 (Entered: 02/04/2004) 42 RESPONSE by defendant Phillip Bradley Sharp in opposition to plas' motion for summary judgment [29-1] (pap) (Entered: 02/06/2004) 43 RESPONSE by defendant Phillip Bradley Sharp to plas' motion for extension of time to respond to dft Sharp's motion to dismiss up until 20 days [39-1] (pap) (Entered: 02/06/2004) 44 RESPONSE by defendant Phillip Bradley Sharp to plas' motion to strike dft Sharp's motion to dismiss for lack of jurisdiction [32-1] [40-1] (pap) (Entered: 02/06/2004) 45 Reply (RESPONSE) by plaintiffs to State Dft David A. Gilbert's motion to dismiss [36-1] (pap) Modified on 02/13/2004 (Entered: 02/13/2004) 46 Reply (RESPONSE) by plaintiffs to dfts Boldt and Rotolo's motion to dismiss [35-1] (pap) Modified on 02/13/2004 (Entered: 02/13/2004) 47 REPLY by plaintiffs to state dfts' response to plas' motion for temporary restraining order [3-1], motion for preliminary injunction [3-2] and support brief (pap) (Entered: 02/19/2004) 48 MOTION by plaintiffs to strike Dft Sharp's motion response [42-1] (pap) (Entered: 02/24/2004) 49 Second MOTION by defendant Phillip Bradley Sharp to dismiss, plas

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:03-cv-02442-EWN Document 90-3

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have failed to file a certificate of review (pap) (Entered: 02/24/2004) 02/27/2004 02/27/2004 03/01/2004 03/02/2004 50 REPLY by dfts Diane C. Boldt, Ann Rotolo in support of motion to dismiss [35-1] (pap) (Entered: 03/01/2004) 51 REPLY by defendant David A. Gilbert to plas' reply (response) to motion to dismiss [36-1] (pap) (Entered: 03/01/2004) 52 RESPONSE by defendant Phillip Bradley Sharp to plas' motion to strike Dft Sharp's motion response [42-1] [48-1] (pap) (Entered: 03/01/2004) 53 Reply (RESPONSE) by plaintiffs to dft Sharp's second motion to dismiss, plas have failed to file a certificate of review [49-1] (pap) (Entered: 03/02/2004) 54 REPLY by plaintiffs to dft Sharp's response to plas' motion to strike Dft Sharp's motion response [42-1] [48-1] (pap) (Entered: 03/02/2004) 55 MOTION by defendant Phillip Bradley Sharp to set status conf ( hearing) (pap) (Entered: 03/12/2004) 56 Reply (RESPONSE) by plaintiffs to dft Sharp's motion to set status conf ( hearing) [55-1] (pap) (Entered: 03/17/2004) 57 REPLY by defendant Phillip Bradley Sharp in support of motion to set status conf ( hearing) [55-1] (pap) (Entered: 04/06/2004) 58 MOTION by plaintiffs for (order) status of motion for TRO and/or Preliminary Inj (pap) (Entered: 04/14/2004) 59 Second MOTION by plaintiffs for status (ruling) of motion for temporary restraining order and/or preliminary injunction (pap) Modified on 04/29/2004 (Entered: 04/29/2004) 60 MOTION by plaintiffs for status of or ruling on plas' motion(s) for sum jgm as to dfts Tina-Marie T. Harrison, Bryan Hunt and Phillip Bradley Sharp (pap) (Entered: 06/09/2004) 61 Third MOTION by plaintiffs for (order) status of pla's motion for Temporary Restraining Order and/or Preliminary Injunction (pap) (Entered: 06/09/2004) 62 RESPONSE by defendant Bryan Hunt (special appearance) to plas' motion for (order) status of pla's motion for Temporary Restraining Order and/or Preliminary Injunction [61-1] (pap) (Entered: 06/21/2004) 63 REPLY by plaintiffs to dft Hunt's response to plas' motion for status of or ruling on plas' motion(s) for sum jgm as to dfts Tina-Marie T. Harrison, Bryan Hunt and Phillip Bradley Sharp [60-1] (pap) (Entered: 06/22/2004) 64 Fourth MOTION by plaintiffs for (order) status of pla's motion for TRO and/or Prelim Inj (pap) (Entered: 07/01/2004) 65 Third MOTION by plaintiffs for status of or ruling on plas' motion(s) for sum jgm as to dfts Tina-Marie T. Harrison, Bryan Hunt and Phillip

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:03-cv-02442-EWN Document 90-3

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Bradley Sharp (pap) (Entered: 07/21/2004) 07/20/2004 08/04/2004 09/10/2004 66 Fifth MOTION by plaintiffs for status and/or ruling on plas' motion for TRO and/or Prelim Inj (pap) (Entered: 07/21/2004) 67 NOTICE of Change of address and telephone number of Christina A. Harrison by plaintiff Christina A. Harrison (pap) (Entered: 08/05/2004) 68 ORDER by Judge Edward W. Nottingham granting county dfts' motion to dismiss for lack of jurisdiction [7-1], granting Sharp's motion to dismiss for lack of jurisdiction [32-1], granting Boldt's and Rotolo's motion to dismiss [35-1], granting Judge Gilbert's motion to dismiss [361] granting Hunt's objection to jurisdiction construed as a motion to dismiss [5-1]; denying the following motions as moot: denying motion for status and/or ruling on plas' motion for TRO and/or Prelim Inj [66-1], denying motion for status of or ruling on plas' motion(s) for sum jgm as to dfts Tina-Marie T. Harrison, Bryan Hunt and Phillip Bradley Sharp [65-1], denying motion for (order) status of pla's motion for TRO and/or Prelim Inj [64-1], denying motion for (order) status of pla's motion for Temporary Restraining Order and/or Preliminary Injunction [61-1], denying motion for status of or ruling on plas' motion(s) for sum jgm as to dfts Tina-Marie T. Harrison, Bryan Hunt and Phillip Bradley Sharp [60-1], denying motion for status (ruling) of motion for temporary restraining order and/or preliminary injunction [59-1], denying motion for (order) status of motion for TRO and/or Preliminary Inj [58-1], denying motion to set status conf ( hearing) [55-1], denying motion to dismiss, plas have failed to file a certificate of review [49-1], denying motion to strike Dft Sharp's motion response [42-1] [48-1], denying motion to strike dft Sharp's motion to dismiss for lack of jurisdiction [321] [40-1], denying motion for extension of time to respond to dft Sharp's motion to dismiss up until 20 days [39-1], denying motion to strike county dfts' motion response [34-1] [38-1], denying motion for extension of time to respond to plas' motion for TRO and prelim inj of 20 days [371], denying motion for summary judgment [29-1], denying motion to extend time to answer or otherwise respond to complaint to and including 1/22/04 [27-1], denying motion for summary judgment [26-1], denying motion for (order) status as to their motion for TRO and/or prelim inj [24-1], denying motion for summary judgment as to dft Bryan Hunt [221], denying motion for summary judgment as to dft Tina-Maire T. Harrison [20-1], denying motion for leave to enjoin as a dft the Board of County Commissioners of the county of El Paso County [18-1], denying motion for extension of time to respond to Motion for TRO and/or prelim inj up to and including 2/3/04 [17-1], denying motion for temporary restraining order [3-1], denying motion for preliminary injunction [3-2] (cc: all counsel) ; entry date : 9/13/04 (pap) (Entered: 09/13/2004) 69 Final JUDGMENT: by Chief Deputy Clerk Stephen P. Ehrlich and approved by Judge Edward W. Nottingham; regarding [68-1] order; all claims asserted by minor plas are dismissed w/o prejudic; legal malpractive claim is dismissed for want of subject jurisdiction; all other claims are dismissed with prejudice; judgment enters in favor of Dfts and

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:03-cv-02442-EWN Document 90-3

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against plas; dismissing case ; all dfts may have their costs upon filing a bill of costs; (cc: all counsel) ; entry date : 9/15/04 (pap) (Entered: 09/15/2004) 09/27/2004 09/27/2004 70 MOTION by plaintiffs for reconsideration judgment [69-2] (pap) (Entered: 09/28/2004) 71 MOTION by plaintiff for extension of time to file an appeal of the Judge's final order of dismissalto 30 days after ruling on motion to reconsider (djs) (Entered: 09/29/2004) 72 ORDER by Judge Edward W. Nottingham denying plas' motion for reconsideration judgment [69-2] [70-1], denying plas' motion for extension of time to file an appeal of the Judge's final order of dismissalto 30 days after ruling on motion to reconsider [71-1] (cc: all counsel) ; entry date : 9/29/04 (pap) (Entered: 09/29/2004) 73 NOTICE OF APPEAL by plaintiff re: judgment on 9/10/04 [69-2] ; Notice of transcript order form due 10/18/04 ; Notice mailed to all counsel on 10/12/04 Fee Status: Fees Paid (djs) (Entered: 10/12/2004) $250.00 fee and $5.00 fee paid. Receipt No 255193. appeal [73-1] (djs) (Entered: 10/12/2004) 74 Bill of COSTS taxed judgment [69-2] for defendant Phillip Bradley Sharp in the amount of $ 107.15 against Frederick P. Harrison, Christina A. Harrison (cc: all counsel) (pap) (Entered: 10/15/2004) 75 NOTIFICATION by Circuit Court of assignment of Case No. [73-1] 041420 (gms) (Entered: 10/18/2004) 76 MOTION by plaintiffs for review of taxation (pap) (Entered: 10/19/2004) 77 NOTICE OF TRANSCRIPT ORDER FORM filed by plaintiff's ; appeal... TOF states the necessary transcript for this appeal is alredy on file in USDC and that a transcript is not necessary for this appeal. [73-1] (djs) (Entered: 10/25/2004) 78 RESPONSE to plaintiff's [76] Motion for Review of taxation filed by Defendant Phillip Bradley Sharp. (gms, ) (Entered: 11/01/2004) 79 Record on Appeal consisting of volume I transmitted to US Court of Appeals re [73] Notice of Appeal (djs, ) (Entered: 11/01/2004) 80 REPLY to Dft Sharp's Response to Plas' Motion re [76] Motion for Review filed by Plaintiffs C.I.H., Christina A. Harrison, Frederick P. Harrison, I.A.H., J.Y.H.. (pap, ) (Entered: 11/03/2004) 81 ORDER and Memorandum of Decision denying Plaintiffs' [76] Motion for Review of Taxation. Signed by Judge Edward W. Nottingham on 9/28/05. (gms, ) (Entered: 09/28/2005) 82 MANDATE of USCA issued on 10/12/05 as to [73] Notice of Appeal filed by Frederick P. Harrison, C.I.H., J.Y.H., Christina A. Harrison, I.A.H. USCA order and judgment dated 9/20/05 affirming the USDC

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:03-cv-02442-EWN Document 90-3

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decision. (djs, ) (Entered: 10/13/2005) 04/11/2006 83 MOTION for Relief from the Court's previous Final Judgment Order, pursuant to FRCP 60(b) by Plaintiffs Frederick P. Harrison, C.I.H., J.Y.H., Christina A. Harrison, I.A.H.. (pap, ) (Entered: 04/12/2006) 84 ORDER denying 83 Plaintiffs' MOTION for Relief from the Court's previous Final Judgment Order, pursuant to FRCP 60(b) . Signed by Judge Edward W. Nottingham on 4/24/06. (pap, ) (Entered: 04/24/2006) 85 MOTION for Relief from the Court's Previous Final Judgment Order by Plaintiffs Frederick P. Harrison, Christina A. Harrison. (pap, ) (Entered: 06/06/2007) 86 CERTIFICATE of Service re 85 MOTION for Relief from Final Judgment Order by Plaintiffs Frederick P. Harrison, Christina A. Harrison. (pap, ) (Entered: 06/18/2007) 87 ORDER Denying 85 Plaintiff's MOTION for Relief from the Court's Previous Final Judgment Order. Signed by Judge Edward W. Nottingham on 06/19/07.(pap, ) (Entered: 06/19/2007) 88 Amended NOTICE OF APPEAL as to 87 Order on Motion for Miscellaneous Relief by Plaintiffs Frederick P. Harrison, Christina A. Harrison. Fee Status: Fees not paid; 1915 motion not filed. Notice mailed to all counsel on 07/02/07. (Attachments: # 1 Envelope)(bjr2, ) Modified on 7/2/2007 to indicate that the correct title of the document is Amended Notice of Appeal(bjr2, ). (Entered: 07/02/2007) 89 Docket Annotation re: 88 Amended Notice of Appeal, The docket entry was modified to indicate the correct title of the document (Amended Notice of Appeal) Text only entry - no document attached. (bjr2, ) (Entered: 07/02/2007)

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