Forwarded by "Bill VanAllen" Date: Wed, 15 Oct 2003 13:45:25 -0400 From: "Bill VanAllen" Subject: US Court of Appeals for the Second Circuit Docket Case Summary -- Green +Party Case docket update US Court of Appeals for the Second Circuit Case Summary Court of Appeals Docket #: 03-7679 Filed: 7/7/03 Nsuit: 3441 CIVIL RIGHTS-Voting Green Party of New Y, et al v. New York State Board, et al Appeal from: U.S. District Court EDNY Lower court information: District: 0207-01: 02-cv-6465 Trial Judge: John Gleeson 7/28/03 Notice of appeal acknowledgment letter from Patricia L. Murray for Appellant NYS Board of Electio, Appellant Evelyn J. Aquila, Appellant Helen Moses Donohue, Appellant Neil W. Kelleher, Appellant Carol Berman received. (cv74) 7/30/03 Appellant Carol Berman, Appellant Neil W. Kelleher, Appellant Helen Moses Donohue, Appellant Evelyn J. Aquila, Appellant NYS Board of Electio defective forms C and D cured. (Proof of service submitted) Satisfy defective document response due. (cv74) 7/31/03 Notice of appeal acknowledgment letter from Herbert Rubin for Appellee Liberal Party of the received. (cv74) 7/31/03 Notice of appeal acknowledgment letter from Deborah Goldberg for Appellee John N. Warren, Appellee Shannon Houlihan, Appellee James Lane, Appellee Rachel Treichler, Appellee Dunlea Dunlea, Appellee Green Party of New Y received. (cv74) 7/31/03 Letter dated 7/28/03 from Deborah Goldberg, Esq., informing the Court that there are additional plaintiff-intervenors that should be added to this appeal, received. (cv74) 8/11/03 Notice of appeal acknowledgment letter from Thomas Gerard Teresky for Appellee New York State Right, Appellee Kenneth C. Diem, Appellee Anne Nolan, Appellee Carol M. O'Hea received. (cv74) INDIV LG 7 10/7/03 Scheduling order #1 filed. Record on appeal due on 10/31/03. Appellant's brief and appendix due on 11/7/03. Appellee's brief due on 12/8/03. Argument as early as week of 1/19/04. (FS) (cv74) 10/7/03 Telephonic Pre-Argument Conference Notice and Order Scheduled for Friday, October 17, 2003 at 3:45pm from Frank J. Scardilli filed. (cv74) 10/7/03 Notice to counsel re: Scheduling Order #1 and pre-argument notice filed. (cv74) ----------------------------------------------------------------- Date: Mon, 4 Aug 2003 10:34:51 -0400 Subject: [LPNY DISCUSS] (Green Party et al v. NYS-BOE et al ) CIVIL DOCKET FOR CASE #: 1:02-cv-06465-JG-SMG U.S. District Court Eastern District of New York (Brooklyn) CIVIL DOCKET FOR CASE #: 1:02-cv-06465-JG-SMG Green Party of New York State et al v. New York State Board of Elections et al Assigned to: Judge John Gleeson Referred to: Magistrate-Judge Steven M. Gold Demand: $ Lead Docket: None Related Cases: None Case in other court: None Cause: 42:1983 Civil Rights Act Date Filed: 12/10/02 Jury Demand: None Nature of Suit: 441 Civil Rights: Voting Jurisdiction: Federal Question Plaintiff ----------------------- Green Party of New York State, a political party duly organized under the law of New York State represented by Deborah Goldberg Brennan Center For Justice at New York University School of Law 161 Avenue of the Americas 12th Floor New York, NY 10013 212-998-6730 Email: jeremy.creelan@nyu.edu LEAD ATTORNEY ATTORNEY TO BE NOTICED Dunlea Dunlea, Chairperson of the Green Party of New York State represented by Deborah Goldberg Brennan Center For Justice at New York University School of Law 161 Avenue of the Americas 12th Floor New York, NY 10013 212-998-6730 Email: jeremy.creelan@nyu.edu LEAD ATTORNEY ATTORNEY TO BE NOTICED Rachel Treichler, and represented by Deborah Goldberg (See above for address) ATTORNEY TO BE NOTICED James Lane, each as duly enrolled member of the Green Party of New York State Shannon M. Houlihan represented by Deborah Goldberg (See above for address) ATTORNEY TO BE NOTICED John N. Warren represented by Deborah Goldberg (See above for address) ATTORNEY TO BE NOTICED Lisa Chacon represented by Deborah Goldberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED V. Intervenor Plaintiff ----------------------- Libertarian Party of New York State, Inc. represented by Christopher B. Garvey Nolte, Nolte & Hunter 1077 Northern Blvd. Roslyn, NY 11576 516-365-9802 Fax : 516-365-9805 Email: cgarvey@collardroe.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Carol M. O'Hea represented by Thomas Gerard Teresky Thomas G. Teresky 8 Bartel Place South Huntington, NY 11746 631-634-0025 LEAD ATTORNEY ATTORNEY TO BE NOTICED Anne Nolan represented by Thomas Gerard Teresky (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Kenneth C. Diem represented by Thomas Gerard Teresky (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED New York State Right to Life Party represented by Thomas Gerard Teresky (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Marijuana Reform Party of New York represented by Thomas J. Hillgardner Law Office of Thomas J. Hillgardner 82-63 170th Street Jamaica, NY 11432 (718) 657-0606 LEAD ATTORNEY ATTORNEY TO BE NOTICED V. Defendant ----------------------- New York State Board of Elections represented by Todd D. Valentine State Board of Elections 40 Steuben Street Albany, NY 12223-1650 518/474-6367 Fax : 518-486-4546 Email: tvalentine@elections.state.ny.us LEAD ATTORNEY ATTORNEY TO BE NOTICED Carol Berman Neil W. Kelleher Helen Moses Donohue Evelyn J. Aquila, in their capacities as Commissioners of the New York State Board of Elections New York City Board of Elections Nancy Mottola Schacher Weyman A. Carey Michael J. Cilmi Mark B. Herman Nero Graham, Jr. Vincent J. Velella Douglas A. Kellner Frederic M. Umane Terrence C. O'Connor, and Stephen H. Weiner, in their official capacities as Commissioners of the New York City Board of Elections, and as representatives of all commissioners of the county boards of elections in the New York State Intervenor ----------------------- Liberal Party of the State of New York represented by Herbert Rubin Herzfeld and Rubin P.C. 40 Wall Street New York, NY 10005 212-471-8500 LEAD ATTORNEY ATTORNEY TO BE NOTICED Filing Date # Docket Text 12/10/2002 1 COMPLAINT against Evelyn J. Aquila, Carol Berman, Weyman A. Carey, Michael J. Cilmi, Helen Moses Donohue, Nero Graham Jr., Mark B. Herman, Neil W. Kelleher, Douglas A. Kellner, New York City Board of Elections, New York State Board of Elections, Terrence C. O'Connor, Nancy Mottola Schacher, Frederic M. Umane, Vincent J. Velella, Stephen H. Weiner ( Filing fee receipt number 270453.) Summons Issued, filed by Lisa Chacon, Dunlea Dunlea, Green Party of New York State, Shannon M. Houlihan, Rachel Treichler, John N. Warren.(Joe, Victor) (Entered: 12/12/2002) 12/10/2002 5 Calender Entry for proceedings held before John Gleeson : Motion hearing for OTSC held on 12/10/2002. By 5:15p.m. on 12/11/02 opposition papers to be filed with the Court and adversary. Argument set for 12/12/02 at 11:30. (DiLorenzo, Krista) (Entered: 01/03/2003) 12/11/2002 6 Dft. City Board of Elections' Memo of law in opposition to pltfs' motion for a temporary restraining order. (DiLorenzo, Krista) (Entered: 01/06/2003) 12/12/2002 3 Reply Memorandum of Law in support of pltf's motion for temporary restraining order and preliminary injunction. (Forwarded to Judge Gleeson's Chambers). (DiLorenzo, Krista) (Entered: 12/26/2002) 12/12/2002 4 Calender Entry for proceedings held before John Gleeson : Motion hearing for TRO held on 12/12/2002. Preliminary Injunction hearing set for 1/16/03 at 9:30. (DiLorenzo, Krista) (Entered: 01/03/2003) 12/12/2002 7 Dft. State Board's Memo in opposition to pltf's motion for preliminary injunction and temporary restraining order.(DiLorenzo, Krista) (Entered: 01/06/2003) 12/17/2002 2 ORDER TO SHOW CAUSE: Show Cause Hearing set for 1/16/2003 9:30 AM before Judge John Gleeson. Signed by Judge John Gleeson on 12/12/02. C/M.(DiLorenzo, Krista) (Entered: 12/17/2002) 01/10/2003 8 ENDORSED ORDER signed by Judge John Gleeson on 1/7/03 granting dft's request to be excused from appearing at the 1/16/03 hearing. C/M by Chambers.(DiLorenzo, Krista) (Entered: 01/10/2003) 01/16/2003 13 Calender Entry for proceedings held before John Gleeson : Preliminary Injunction hearing held on 1/16/2003. Counsel for all sides present. Decision reserved. (DiLorenzo, Krista) (Entered: 01/31/2003) 01/17/2003 9 ORDER signed by Judge John Gleeson on 12/17/02 granting pltf's motion for a temporary restraining order and setting a hearing for preliminary injunction for 1/16/03.(DiLorenzo, Krista) (Entered: 01/17/2003) 01/22/2003 10 ORDER signed by Judge John Gleeson on 1/17/03 denying Posr's motion to intervene in its entirety. C/M.(DiLorenzo, Krista) (Entered: 01/22/2003) 01/23/2003 11 Pltfs' proposed instructions for voter registration form.(DiLorenzo, Krista) (Entered: 01/30/2003) 01/30/2003 12 CERTIFICATE OF SERVICE: On 1/30/03 pltfs' served their supplemental submission in support of their motion for preliminary injunction on counsel. (DiLorenzo, Krista) (Entered: 01/31/2003) 01/30/2003 16 Pltfs' Supplemental submission in support of their motion for preliminary injunction. (DiLorenzo, Krista) (Entered: 02/07/2003) 01/30/2003 17 Dft., New York State Board of Election's Memo in opposition to pltf's proposed instructions for voter registration form. (DiLorenzo, Krista) (Entered: 02/07/2003) 01/30/2003 Supplemental Declaration of Richard Winger. (DiLorenzo, Krista) (Entered: 02/07/2003) 01/31/2003 14 New York State Board of Election's Supplemental Brief with affidavit attached. (DiLorenzo, Krista) (Entered: 01/31/2003) 02/03/2003 15 AFFIDAVIT of Carolee Sunderland.(DiLorenzo, Krista) (Entered: 02/04/2003) 02/03/2003 18 Letter dated 2/3/03 from Jeremy Creelan to Clerk of Court, enclosing a letter submitted by pltfs. (DiLorenzo, Krista) (Entered: 02/07/2003) 02/13/2003 19 AFFIDAVIT in opposition to motion for preliminary injunction by New York State Board of Elections. (DiLorenzo, Krista) (Entered: 02/13/2003) 02/13/2003 ECF registration forms have been mailed to Deborah Goldberg and Todd Valentine, Esqs., so that all filings may be made electronically. (DiLorenzo, Krista) (Entered: 02/13/2003) 02/18/2003 24 NOTICE of Intervention by Christopher Earl Strunk. (DiLorenzo, Krista) (Entered: 02/26/2003) 02/19/2003 20 Letter dated 2/12/03 from William Van Allen to Clerk of Court, requesting permission to move to intervene. (DiLorenzo, Krista) (Entered: 02/19/2003) 02/19/2003 21 ORDER signed by Judge John Gleeson on 2/14/03 granting William Van Allen permission to move to intervene. Van Allen must file motion and serve all parties by 2/28/03; parties have until 3/14/03 to file responses; reply due on 3/21/03. Oral argument set for 4/18/03 at 10:30. C/m by Chambers.(DiLorenzo, Krista) (Entered: 02/19/2003) 02/21/2003 22 Letter from Jeremy M. Creelan, Esq., to Judge Gleeson regarding pltfs. writing to provide additional information concerning those instances addressed by pltfs.' expert, Richard Winger, in which a state legislature has responded to litigation concerning a state's voter enrollment scheme and registration form by altering the state's laws to conform to a judicial ruling. (Vaughn, Terry) (Entered: 02/24/2003) 02/21/2003 23 Consent to Electronic Case Filing by Jeremy Creehan, counsel for pltfs. (DiLorenzo, Krista) (Entered: 02/25/2003) 02/26/2003 25 ORDER signed by Judge John Gleeson on 2/24/03 setting Strunk's motion on the same schedule as Van Allen's. Parties have until 3/14/03 to file any responses to Strunk's motion. Reply due on 3/21/03. Oral argument set for 4/18/03 at 10:30. C/M by Chambers.(DiLorenzo, Krista) (Entered: 02/26/2003) 02/28/2003 26 MOTION for Leave to Proceed as Co-Intervenor filed by Libertarian Party of New York. (DiLorenzo, Krista). (Entered: 03/03/2003) 02/28/2003 28 "AFFIDAVIT of Christopher Earl Strunk in support of notice of intervention as a class member". (DiLorenzo, Krista) (Entered: 03/11/2003) 03/05/2003 27 ORDER signed by Judge John Gleeson on 3/3/03: the parties have until 3/14/03 to file any responses to the Libertarian Party's motion; any reply due on 3/21/03. Oral argument set for 4/18/03 at 10:30. Copies faxed by Chambers on 3/4/03.(DiLorenzo, Krista) (Entered: 03/05/2003) 03/07/2003 34 Letter dated 3/7/03 from Wendy Van Wie to Clerk of Court, enclosing a copy of the Amicus Brief. (DiLorenzo, Krista) (Entered: 03/19/2003) 03/14/2003 29 MOTION to Withdraw [26] MOTION to Intervene ; Amicus Brief w/ Exhibit by Libertarian Party of New York State, Inc.. (Attachments: # 1 Exhibit Proposed Voter Registration Form)(Garvey, Christopher) (Entered: 03/14/2003) 03/14/2003 Email Test. (Vaughn, Terry) (Entered: 03/14/2003) 03/14/2003 30 Pltfs' Memo of Law in opposition to motion to intervene.(DiLorenzo, Krista) (Entered: 03/17/2003) 03/14/2003 31 Declaration of Jeremy Creelan in support of pltfs' opposition to motion to intervene. (DiLorenzo, Krista) (Entered: 03/17/2003) 03/14/2003 32 Amicus Curiae Brief in Support of LiBertarian Party of New York.(DiLorenzo, Krista) (Entered: 03/17/2003) 03/14/2003 33 Consent to Electronic Case Filing filed by Christopher Garvey, counsel for Libertarian Party of NY. (DiLorenzo, Krista) (Entered: 03/17/2003) 03/19/2003 36 Letter dated 3/18/03 from Christopher Strunk to Judge Gleeson, re: "Intervenor Reply to Pltfs' Counsel by an Affidavit in support of Motion of Intervention individually as a class Member." (DiLorenzo, Krista) (Entered: 04/03/2003) 04/02/2003 35 ORDER signed by Judge John Gleeson on 3/27/03 denying Strunk's motion to intervene and the 4/18/03 hearing is canceled. Copies faxed by Chambers on 3/28/03. (DiLorenzo, Krista) (Entered: 04/02/2003) 04/03/2003 37 Letter dated 3/13/03 from Jeremy Creelan to Judge Gleeson, enclosing motion papers. W/O enclosures. (DiLorenzo, Krista) (Entered: 04/03/2003) 04/08/2003 38 Consent to Electronic Case Filing filed by Todd Valentine. (DiLorenzo, Krista) (Entered: 04/09/2003) 05/01/2003 39 ORDER signed by Magistrate Judge Steven M. Gold on 4/24/03 directing counsel for pltf. to submit a written status report no later than 5/15/03. (DiLorenzo, Krista) (Entered: 05/01/2003) 05/12/2003 41 Letter dated 5/12/03 from Mr. Creelan, Brennan Center for Justice, to M.J. Gold providing a status report. At present there is a motion for a preliminary injunction pending before J. Gleeson; etc. (Vaughn, Terry) (Entered: 05/14/2003) 05/13/2003 40 STATUS REPORT PURSUANT TO MAGISTRATE JUDGE GOLD'S ORDER DATED APRIL 24, 2003, by Green Party of New York State. (Creelan, Jeremy) (Entered: 05/13/2003) 06/03/2003 45 Letter dated 5/29/03 from Paul Thiesen to Judge Gleeson, as a member of a political party affected by the current case, expressing his point of view. (DiLorenzo, Krista) (Entered: 06/11/2003) 06/04/2003 42 MEMORANDUM AND ORDER INCLUDING PRELIMINARY INJUNCTION: For the foregoing reasons, the State Board is ordered to: (a) maintain on New York's voter registration form a box that permits the voter to enroll in the Green Party (unless the State Board or the state legislature chooses to make broader changes). That box shall be in the form appended hereto as Appendix C; (b) direct the local boards of elections to maintain and update the enrollment information of Green Party enrollees, so that the enrollment lists reflect all past and future enrollees in the Green Party; and (c) ensure that the foregoing directives remain in force until the results of the 2006 gubernatorial election are formally certified. A status conference will be held on June 4, 2003 at 12:00 p.m. Signed by Judge John Gleeson on May 30, 2003. c/m-chambers(Lee, Tiffeny) (Entered: 06/04/2003) 06/04/2003 43 Letter dated 5/21/2003 from Paul Marks to Judge Gleeson, written to confirm that a conference be held in this case on 6/4/03 at 2:00p.m.. (Dobkin, David) (Entered: 06/04/2003) 06/04/2003 44 Minute Entry for proceedings held before John Gleeson: Status Conference held on 6/4/2003. Counsel for both sides present. Liberal party move to intervene motion due on 6/18/03; opposition due on 7/2/03; reply due on 7/18/03. (DiLorenzo, Krista) (Entered: 06/11/2003) 06/16/2003 46 Letter dated 6/5/03 from Thomas Teresky to Judge Gleeson, seeking permission to file a motion to intervene. (DiLorenzo, Krista) (Entered: 06/16/2003) 06/17/2003 47 ORDER signed by Judge John Gleeson on 6/10/03 setting the following motion schedule: Motion to intervene due on 6/18/03; opposition papers due on 7/2/03; reply papers due on 7/9/03. Oral argument set for 7/18/03 at 11:30. Copies faxed by Chambers on 6/10/03.(DiLorenzo, Krista) (Entered: 06/17/2003) 06/17/2003 48 ORDER signed by Judge John Gleeson on 6/12/03 directing The State Board to determine whether the Cortland County Board of Elections or any other local boards of elections have fialed to comply with the 12/12/03 order. If dfts. did not comply with that order, the State Board shall explain why they did not. The State Board shall report its findings and include its explanations in a written submission on 6/27/03. Copies faxed by Chambers.(DiLorenzo, Krista) (Entered: 06/17/2003) 06/18/2003 49 Second MOTION to Intervene Request for Relief; Brief in Support; Ex. 1 by Libertarian Party of New York State, Inc.. (Garvey, Christopher) (Entered: 06/18/2003) 06/18/2003 50 MOTION to Intervene and for declaratory and injunctive relief by Liberal Party of the State of New York. (DiLorenzo, Krista) (Entered: 06/19/2003) 06/18/2003 51 MOTION to Intervene by Carol M. O'Hea, Anne Nolan, Kenneth C. Diem, New York State Right to Life Party. (DiLorenzo, Krista) (Entered: 06/19/2003) 06/18/2003 52 Memo of Law in Support re [51] MOTION to Intervene filed by Kenneth C. Diem, New York State Right to Life Party, Anne Nolan, Carol M. O'Hea. (DiLorenzo, Krista) (Entered: 06/19/2003) 06/18/2003 53 Declaration of Kenneth C. Diem in Support re [51] MOTION to Intervene. (DiLorenzo, Krista) (Entered: 06/19/2003) 06/19/2003 54 Second MOTION to Intervene , Brief in Support, Ex 1 by Libertarian Party of New York State, Inc.. (Attachments: # 1 Proposed 3rd Party Complaint# 2 Letter Enclosing 3rd Party Complaint)(Garvey, Christopher) (Entered: 06/19/2003) 06/26/2003 55 Letter dated 6/11/03 from Thomas Hillgardner to Judge Gleeson, seeking permission to make a motion on behalf of MRP to intervene. (DiLorenzo, Krista) (Entered: 06/26/2003) 06/30/2003 56 NOTICE OF INTERLOCUTORY APPEAL as to 42 Memorandum & Opinion by attorney for Evelyn J. Aquila, Carol Berman, Helen Moses Donohue, Neil W. Kelleher, New York City Board of Elections. Filing fee $ 105.00, receipt number 279700. Service made by Clerk. Forms C and D mailed to Todd D. Valentine Esq., Special Counsel, New York Board of Elections, 40 Steuben Street, Albany, NY. 12207. (McGee, Mary Ann) (Entered: 07/02/2003) 07/02/2003 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 56 Notice of Interlocutory Appeal. Acknowledgment requested. (McGee, Mary Ann) (Entered: 07/02/2003) 07/03/2003 57 Letter dated 6/26/03 from Todd Valentine to Judge Gleeson, in response to the court's order dated 6/12/03. (DiLorenzo, Krista) (Entered: 07/03/2003) 07/03/2003 58 ORDER signed by Judge John Gleeson on 7/2/03 advising the parties to proceed according to the briefing schedule dated 6/10/03. The parties shall submit by 7/15/03, a letter addressing the impact of the interlocutory appeal on the pending motions to intervene by the other political parties. Everyone should be prepared to address this issue at the 7/18/03 appearance. Copies faxed by Chambers. (DiLorenzo, Krista). (Entered: 07/03/2003) 07/08/2003 59 Reply memo of law in support of [51] MOTION to Intervene filed by New York State Right to Life Party. (DiLorenzo, Krista) (Entered: 07/09/2003) 07/09/2003 60 Letter dated 7/2/03 from Jeremy Creelan to Clerk of Court, enclosing a transmittal letter showing service of pltfs' response to motions to intervene. (DiLorenzo, Krista) (Entered: 07/10/2003) 07/10/2003 61 MOTION to Intervene by Marijuana Reform Party of New York. (DiLorenzo, Krista) (Entered: 07/14/2003) 07/10/2003 62 Memo of Law in Support of [61] MOTION to Intervene filed by Marijuana Reform Party of New York. (DiLorenzo, Krista) (Entered: 07/14/2003) 07/10/2003 63 Memo of Law in Opposition of [61] MOTION to Intervene filed by New York State Board of Elections. (DiLorenzo, Krista) (Entered: 07/14/2003) 07/10/2003 64 REPLY in further support of Motion [61] MOTION to Intervene filed by Marijuana Reform Party of New York. (DiLorenzo, Krista) (Entered: 07/14/2003) 07/14/2003 65 Second MOTION to Intervene , Request for Relief; Brief in Support; Certificates of Service by Libertarian Party of New York State, Inc.. (Attachments: # 1 Proposed 3rd Party Complaint# 2 Bd. of Election's Memo in Opposition# 3 Green Party's Plaintiff's Response to Motions to Intervene)(Garvey, Christopher) (Entered: 07/14/2003) 07/15/2003 66 Letter from Counsel for Plaintiffs to The Honorable John Gleeson Regarding The Impact of Defendant's Notice of Appeal on District Court Proceedings. (Creelan, Jeremy) (Entered: 07/15/2003) 07/15/2003 67 Letter from Libertarian Party Counsel to Judge Gleeson Regarding The Impact of the State Board?s Interlocutory Appeal on Further Proceedings. (Garvey, Christopher) (Entered: 07/15/2003) 07/16/2003 68 Letter from Todd Valentine to Judge Gleeson Regarding Effect of interlocutory appeal. (Valentine, Todd) (Entered: 07/16/2003) 07/16/2003 69 Mail Returned as Undeliverable. Notice of Appeal filed 6/30/03 sent to Paul Marks Esq. NOA mailed again. (McGee, Mary Ann) (Entered: 07/16/2003) 07/18/2003 71 Minute Entry for proceedings held before Judge Gleeson: Status Conference held on 7/18/2003. Hearing set for 7/28/03 at 11:00 re: application for preliminary injunction. (DiLorenzo, Krista) (Entered: 07/22/2003) 07/22/2003 70 Pltf's response to motions to intervene filed by Green Party of New York State. (DiLorenzo, Krista) (Entered: 07/22/2003) 08/01/2003 72 ORDER signed by Judge John Gleeson on 7/31/03 setting a conf. for 8/1/03 at 9:15. Mr Creelan is directed to arrange for the parties to be on the line. C/M by Chambers.(DiLorenzo, Krista) (Entered: 08/01/2003)