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REHAN SHEIKH,
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Plaintiff,
vs.
BRIAN KELLY, et al.,
Defendants.
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TRANSCRIPT OF PROCEEDINGS
BEFORE THE HONORABLE ALLISON CLAIRE
UNITED STATES MAGISTRATE JUDGE
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APPEARANCES:
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For Plaintiff:
For Defendants:
MATTHEW T. BESMER
Attorney General's Office
2550 Mariposa Mall, Room 5090
Fresno, CA
93721
(559) 477-1680
Court Recorder:
(UNMONITORED)
U.S. District Court
501 "I" Street, Suite 4-200
Sacramento, CA
95814
(916) 930-4072
Transcription Service:
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THE CLERK:
THE COURT:
MR. SHEIKH:
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THE COURT:
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MR. SHEIKH:
My name is Rehan
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THE COURT:
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MR. BESMER:
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Good morning.
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Matt Besmer
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THE COURT:
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calendar.
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MR. SHEIKH:
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THE COURT:
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Yes.
I want to focus this morning on
That's what I'll hear argument
on.
things that you have filed, just to give you some information
MR. SHEIKH:
THE COURT:
Okay.
And I will be issuing a written order
after the hearing which will spell all this out for you.
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the first amended complaint stricken because you have not made
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And for
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MR. SHEIKH:
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THE COURT:
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amend.
Thank you.
-- prior to having an opportunity to
your papers, you told me that you did submit requests for
correct?
admitted.
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THE COURT:
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MR. SHEIKH:
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THE COURT:
Right.
-- that you propound in writing you want
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answers to, you're not supposed to file them with the Court at
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all.
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MR. SHEIKH:
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THE COURT:
Right.
They don't get filed.
They need to be
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don't give you all the information you wanted, then the next
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MR. SHEIKH:
Yes.
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THE COURT:
MR. SHEIKH:
THE COURT:
All right.
Thank you.
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MR. BESMER:
THE COURT:
MR. BESMER:
Okay.
-- addressing his, what we believe to be
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admission rather.
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THE COURT:
Okay.
All right.
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MR. BESMER:
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this case.
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THE COURT:
All right.
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Sheikh, once -- the usual way the thing proceeds is that after
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events, you would wait for that to happen before conducting the
discovery.
Okay?
MR. SHEIKH:
THE COURT:
Sure.
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Procedure, the local rules of this Court and the law library at
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this Court or the larger county law library can give you access
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MR. SHEIKH:
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THE COURT:
Yes, ma'am.
There are several, if you haven't seen
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So I
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a civil lawsuit you, with very, very rare exceptions, can't get
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As the plaintiff in
The burden
MR. SHEIKH:
THE COURT:
MR. SHEIKH:
If I may?
Go ahead, sir.
Yeah, I think I maybe did not name it
I correctly
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relief and that is simply based on the fact and the motion --
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that the defendants did not follow the procedures, that I'm
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license.
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what I thought.
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memorandum.
THE COURT:
All right.
So --
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MR. SHEIKH:
Declaratory
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and post-deprivation --
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THE COURT:
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early in the litigation, when we're not even clear on the final
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form that your complaint will take, it is too soon for anyone
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is, I'm seeing in this case plenty of room for dispute, both
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There, it seems to me
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favor without a trial, the way you get that is under Rule 56
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In
-- and what you submitted does not meet the requirements for a
There -- I
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MR. SHEIKH:
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THE COURT:
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All right.
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judgment?
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want to clarify?
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MR. SHEIKH:
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stated that.
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seem right for them to come and take your driving license
failure to appear.
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ago, they claim that I missed a court date and they come with a
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bench warrant that they claim that was issued in April 2012.
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they are trying to bring court records that may have existed or
not, but they don't make sense, that for a traffic citation --
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THE COURT:
Okay.
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MR. SHEIKH:
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THE COURT:
Right.
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MR. SHEIKH:
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THE COURT:
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of paper that you got at the jail saying this is when you need
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to go to court.
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MR. SHEIKH:
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So I had
court.
So I got --
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THE COURT:
it --
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MR. SHEIKH:
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THE COURT:
Right.
--
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MR. SHEIKH:
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did not bring any accusation and I verified with everyone, and
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THE COURT:
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MR. SHEIKH:
Okay.
But it definitely shows that I was
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in April.
And
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against me.
know.
You know.
THE COURT:
Okay.
explanation.
MR. SHEIKH:
THE COURT:
Yes.
Let me turn to the defendants.
In your
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itself, saying you were, you know, wrong to do it, you can't
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been suspended.
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MR. BESMER:
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sent Mr. Sheikh the very first letter, and I don't have the
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2011.
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It
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2011 citation.
handling that traffic citation and the court, based on how the
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up is that when a --
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On that
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THE COURT:
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MR. BESMER:
Uh-huh.
That process is -- I mean we're inviting
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he's paid that fine and that he's appeared in court on his
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represent to the Court that the county court records -- the San
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All I can do is
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says hey, you know, there's an error here, I need to get this
fixed.
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adjudicatory hearing.
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So he does
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do.
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paid his traffic fine, the DMV is prohibited from lifting the
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And there's really not a system set up for him to say hey,
THE COURT:
Right.
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a trial connected.
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There was
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on his back.
that time.
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details.
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would establish the jurisdiction of the cop and see how the cop
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THE COURT:
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MR. SHEIKH:
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THE COURT:
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The judge
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opinion because the jurisdiction was challenged and the cop did
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THE COURT:
Okay.
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I'm a little confused about what your issue was, because the
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MR. SHEIKH:
THE COURT:
trial issue.
MR. SHEIKH:
THE COURT:
going to jurisdiction.
MR. SHEIKH:
THE COURT:
MR. SHEIKH:
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THE COURT:
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MR. SHEIKH:
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Exactly.
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THE COURT:
However --
They said --
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forms and those forms say that they found me guilty and there
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is no opinion.
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THE COURT:
Okay.
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And you
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MR. SHEIKH:
that form doesn't say whether the court has -- the cop has
jurisdiction and how the -- I mean all the details, Your Honor.
THE COURT:
All right.
So I mean
did receive and sign a form saying that you'd been found guilty
MR. SHEIKH:
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THE COURT:
Okay.
fine?
MR. SHEIKH:
to pay a fine?
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MR. SHEIKH:
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THE COURT:
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MR. SHEIKH:
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THE COURT:
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Motor Vehicles and the DMV does what it does on the basis of
The court
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feel that you were therefore obligated to pay the fine, your
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MR. SHEIKH:
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THE COURT:
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Superior Court?
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I understand.
MR. SHEIKH:
I cannot
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THE COURT:
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MR. SHEIKH:
Right.
But I don't have any way to challenge
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you know.
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THE COURT:
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you are representing them to me, it seems that you were aware
that even though you dispute the validity of it, that you were
restore your driver's license until the county court tells them
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On July 14th, in
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August 2011, and that also included a copy from the court
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traffic citation.
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his behavior, the officer believed that there was some concerns
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When
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reexamination and that says that you are to call the DMV within
license exam.
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things.
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THE COURT:
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reexamination?
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MR. BESMER:
The
The --
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because, you know, someone doesn't like the way I'm dressed,
things the DMV does in some contexts, to say hey, this was
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this person didn't like the way I was dressed, didn't like the
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MR. BESMER:
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the DMV.
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person was arrested for driving under the influence, and the
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report and whether there's a need for the hearing, that's taken
That person
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police department.
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don't get to challenge, well I think the cop was picking on me,
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THE COURT:
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Okay.
Thank you.
That's helpful.
What -- are there any things you've heard from Mr. Besmer that
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know?
MR. SHEIKH:
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There
I mean there's a
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difference.
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reexamination.
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For
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up.
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know.
I don't
So --
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THE COURT:
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MR. SHEIKH:
The --
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the point.
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need for a hearing that could establish the need for such a
I cannot go into
problems in those.
THE COURT:
Okay.
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Okay.
Let me
I'm taking
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dismiss.
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those.
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Burrell.
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THE COURT:
decision.
Okay?
MR. SHEIKH:
THE COURT:
submission.
MR. BESMER:
MR. SHEIKH:
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--o0o--
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CERTIFICATE
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entitled matter.
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AAERT CERT*D-113
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