Perez et al v. Wagner Transportation et al
| Amalia Perez, Ericka Lopez-Sanchez, Joanna Lopez-Duran, Celso Perez-Lopez, Julio Perez-Lopez and Gabriel Perez-Lopez |
| Wagner Transportation, Eduardo Perez-Lopez, Raul Garcia-Lopez, Ford Motor Company and Lucretia Kay Chavez |
| Eduardo Lopez-Perez |
| 2:2012cv01436 |
| August 14, 2012 |
| US District Court for the District of Nevada |
| Las Vegas Office |
| Robert C Jones |
| Peggy A Leen |
| Motor Vehicle Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Wrongful Death |
| Defendant |
Docket Report
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Filing 86
ORDER ON STIPULATION Granting #85 STIPULATION of Dismissal with prejudice. Case terminated. Signed by Judge Robert C. Jones on 7/15/14. (Copies have been distributed pursuant to the NEF - MMM)
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| Filing 85 STIPULATION of Dismissal by Defendant Wagner Transportation. (Hall, Michael) |
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Filing 84
ORDER ON STIPULATION Granting #81 Stipulation to Extend Time to Respond/Reply re #79 MOTION for Summary Judgment. Responses due by 6/6/2014. Replies due by 6/20/2014. Signed by Judge Robert C. Jones on 5/12/14. (Copies have been distributed pursuant to the NEF - MMM)
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Filing 83
ORDER that #76 MOTION to Compel Discovery and/or Requests for Rule 37 Sanctions is GRANTED in part and DENIED in part. Signed by Magistrate Judge Peggy A. Leen on 4/24/14. (Copies have been distributed pursuant to the NEF - MMM)
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| Filing 82 MINUTES OF PROCEEDINGS - Motion Hearing held on 4/22/2014 before Magistrate Judge Peggy A. Leen. Crtrm Administrator: Jeff Miller; Pla Counsel: Benjamin Cloward, Esq.; Def Counsel: Michael Hall, Esq.; Court Reporter/FTR #: 10:22:25 - 10:34:30; Time of Hearing: 10:00am; Courtroom: 3B; The Court hears the representations of Counsel concerning Defendant's Motion to Compel #76 . IT IS ORDERED: The Court will grant an extention of the discovery cutoff, for a period of 90 days from today's date, for the limited purpose of allowing Celso Perez-Lopez Jr. to be deposed here at the conclusion of his sentence, and if he is not out of custody in enough time for Counsel to take his deposition this Court would grant a Proposed Stipulation once a date certain for his release has been established, IT IS FURTHER ORDERED: With respect to Amalia Perez, the Court will GRANT Defendant's Motion to Compel #76 and require her to respond to outstanding discovery requests within 30 days from today's date, as well as whether she can come to the United States for her deposition or not and, if not, why she cannot appear here for deposition. If Miss Perez fails to do so, the Court will grant preclusion sanctions against her. (Copies have been distributed pursuant to the NEF - JAM) |
| Filing 81 STIPULATION FOR EXTENSION OF TIME (First Request) by Defendant Wagner Transportation. (Hall, Michael) |
| Filing 80 REPLY to Response to #76 MOTION to Compel filed by Defendant Wagner Transportation. (Hall, Michael) Removed duplicate wording. (ASB) |
| Filing 79 MOTION for Summary Judgment filed by Defendant Wagner Transportation. Responses due by 4/26/2014. (Attachments: #1 Statement of Undisputed Facts, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H)(Hall, Michael) |
| Filing 78 RESPONSE to #76 MOTION to Compel , filed by Plaintiff Amalia Perez. Replies due by 4/3/2014. (Harris, Richard) |
| Filing 77 NOTICE of Hearing on #76 MOTION to Compel : Motion Hearing set for 4/22/2014 10:00 AM in LV Courtroom 3B before Magistrate Judge Peggy A. Leen. (no image attached)(TKH) |
| Filing 76 MOTION to Compel by Defendant Wagner Transportation. Responses due by 3/23/2014. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Exhibit Exhibit K, #12 Exhibit Exhibit L, #13 Exhibit Exhibit M)(Hall, Michael) |
| Filing 75 NOTICE Three Day Notice of Intent to Take Default by Wagner Transportation. (Hall, Michael) |
| Filing 74 MINUTES OF PROCEEDINGS - Telephonic Conference re: Discovery Issue held on 2/24/2014 before Magistrate Judge Peggy A. Leen. Judicial Assistant: Teresa K. Hoskin; Pla Counsel: Samuel Adams; Def Counsel: Michael Hall; Court Reporter/FTR #: None; Time of Hearing: 9:33 am - 9:40 am; The court conducted a telephonic dispute resolution conference at the request of both counsel commencing at 9:33 a.m. regarding an expert witness bill defense counsel received from Plaintiffs expert last October. The parties agreed to submit the dispute informally to avoid further expense. The court heard from both sides and concluded counsel for Plaintiff was responsible for that portion of the bill, representing one hour of deposition preparation time and defense counsel was responsible for the balance.The conference concluded at 9:40 a.m. (Copies have been distributed pursuant to the NEF - MMM) |
| Filing 73 SUMMONS Returned Executed by Lucretia Kay Chavez, Wagner Transportation. Eduardo Lopez-Perez served on 1/14/2014, answer due 2/4/2014. (Hall, Michael) |
| Filing 72 Third-Party Summons Issued as to Eduardo Lopez-Perez. (ASB) |
| Filing 71 CERTIFICATE of Interested Parties filed by Amalia Perez. There are no known interested parties other than those participating in the case . (Harris, Richard) |
| Filing 70 THIRD PARTY COMPLAINT against Eduardo Lopez-Perez, filed by Lucretia Kay Chavez, Wagner Transportation. Adds new parties. Certificate of Interested Parties due by 1/19/2014. (Attachments: #1 Summons) (Gluth II, David) |
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Filing 69
ORDER Granting #45 Defendants' Motion for Leave to File a Third-Party Complaint. Signed by Judge Robert C. Jones on 01/06/2014. (Copies have been distributed pursuant to the NEF - AC)
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| Filing 68 AFFIDAVIT of Service of Sabrina Nelson by Defendants Lucretia Kay Chavez, Wagner Transportation. (Hall, Michael) |
| Filing 67 AFFIDAVIT of Service of Aidan Milanowicz by Defendants Lucretia Kay Chavez, Wagner Transportation. (Hall, Michael) |
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Filing 66
SCHEDULING ORDER Granting #65 Joint Emergency Motion to Extend Discovery Deadlines re #35 Scheduling Order. Discovery due by 3/10/2014. Motions due by 4/10/2014. Proposed Joint Pretrial Order due by 5/9/2014. IT IS ORDERED that the parties shall comply with the requirements of LR 6-2 governing the required form of order for stipulation, ex parte or unopposed motions in any future application for relief from the court. IT IS FURTHER ORDERED that no further extensions will be allowed. Signed by Magistrate Judge Peggy A. Leen on 11/25/2013. (Copies have been distributed pursuant to the NEF - EDS)
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| Filing 65 Joint Emergency MOTION to Extend Time regarding discovery/nondispositive matter (Second Request) re #35 Scheduling Order, by Defendants Lucretia Kay Chavez, Wagner Transportation. Motion ripe 11/19/2013. (Attachments: #1 Exhibit A)(Jaffe, Steven) |
| Filing 64 AFFIDAVIT of Service of Subpoena Duces Tecum and Notice of Taking Deposition by Defendants Lucretia Kay Chavez, Wagner Transportation. (Jaffe, Steven) |
| Filing 63 Joint STATUS REPORT Interim Pursuant to LR 26-3 by Defendants Lucretia Kay Chavez, Wagner Transportation. (Jaffe, Steven) |
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Filing 62
ORDER ON STIPULATION that #61 Stipulation and Proposed Schedule for Completing Remaining Discovery is NOT APPROVED and is DENIED. The current discovery plan and scheduling order deadlines, and trial date, shall remain in effect. Signed by Magistrate Judge Peggy A. Leen on 9/23/13. (Copies have been distributed pursuant to the NEF - EDS)
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| Filing 61 STIPULATION FOR EXTENSION OF TIME (First Request) and Order to Extend Discovery by Defendants Lucretia Kay Chavez, Wagner Transportation. (Hall, Michael) |
| Filing 60 DECLARATION of Service of Mike Rodriguez by Defendants Lucretia Kay Chavez, Wagner Transportation. (Hall, Michael) |
| Filing 59 DECLARATION of Service of Ken Yazzie by Defendants Lucretia Kay Chavez, Wagner Transportation. (Hall, Michael) |
| Filing 58 AFFIDAVIT of Service of Sergeant Scott Simon by Defendants Lucretia Kay Chavez, Wagner Transportation. (Hall, Michael) |
| Filing 57 AFFIDAVIT of Service of William Webb by Defendants Lucretia Kay Chavez, Wagner Transportation. (Hall, Michael) |
| Filing 56 AFFIDAVIT of Service of Trooper Elias Goicoechea by Defendants Lucretia Kay Chavez, Wagner Transportation. (Hall, Michael) |
| Filing 55 AFFIDAVIT of Service of Scott Burt by Defendants Lucretia Kay Chavez, Wagner Transportation. (Hall, Michael) |
| Filing 54 AFFIDAVIT of Service of Mike Rodriguez by Defendants Lucretia Kay Chavez, Wagner Transportation. (Hall, Michael) |
| Filing 53 AFFIDAVIT of Service of Lieutenant Roy Baughman by Defendants Lucretia Kay Chavez, Wagner Transportation. (Hall, Michael) |
| Filing 52 AFFIDAVIT of Service of Keven Hall by Defendants Lucretia Kay Chavez, Wagner Transportation. (Hall, Michael) |
| Filing 51 AFFIDAVIT of Service of Ken Yazzie by Defendants Lucretia Kay Chavez, Wagner Transportation. (Hall, Michael) |
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Filing 50
ORDER Granting #47 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Samuel H. Adams and approving Benjamin P. Cloward as Designation of Local Counsel for Plaintiffs. Signed by Chief Judge Robert C. Jones on 8/8/13. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - EDS)
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Filing 49
ORDER Granting #48 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Darren Davis and approving Attorney Benjamin P. Cloward as Designation of Local Counsel for Plaintiffs. Signed by Chief Judge Robert C. Jones on 8/8/13. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - EDS)
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| Filing 48 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Darren A. Davis and DESIGNATION of Local Counsel Benjamin P. Cloward (Filing fee $ 200 receipt number 0978-2914640) filed by Plaintiff Celso Perez-Lopez . Motion ripe 8/6/2013. (Harris, Richard) |
| Filing 47 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Samuel H. Adams and DESIGNATION of Local Counsel Benjamin P. Cloward (Filing fee $ 200 receipt number 0978-2914588) filed by Plaintiff Celso Perez-Lopez . Motion ripe 8/6/2013. (Harris, Richard) |
| Filing 46 NOTICE of Non-Opposition to Defendants' Wagner Transportation and Lucretia Kay Chavez's #45 MOTION to File Third-Party Complaint by Lucretia Kay Chavez, Wagner Transportation. (Hall, Michael) |
| Filing 45 MOTION for Leave to File Third-Party Complaint by Defendant Wagner Transportation. Motion ripe 4/10/2013. (Attachments: #1 Exhibit)(Hall, Michael) |
| Filing 44 NOTICE of Filing Ex-Parte Petition For Special Letters of Administration by Amalia Perez. (Harris, Richard) |
| Filing 43 RESPONSE TO ORDER TO SHOW CAUSE by Plaintiff Amalia Perez . (Harris, Richard) |
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Filing 42
ORDER That Plaintiffs SHOW CAUSE why this Action should not be dismissed within 15 days of the date of this Order. Further, IT IS ORDERED that #15 Motion to Dismiss and #23 Motion to Transfer are MOOT until it is determined whether this Court has jurisdiction. Signed by Chief Judge Robert C. Jones on 3/25/2013. (Copies have been distributed pursuant to the NEF - SLR)
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| Filing 41 RESPONSE to #39 Order to Show Cause by Plaintiff Amalia Perez. (Harris, Richard) |
| Filing 40 NOTICE of Voluntary Dismissal by Plaintiff Amalia Perez. as to Defendants Eduardo Perez-Lopez and Raul Garcia- Perez ONLY (Harris, Richard) |
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Filing 39
ORDER TO SHOW CAUSE. Plaintiffs shall show cause, in writing, within 15 days, why this action should not be dismissed for lack of subject matter jurisdiction. IT IS FURTHER ORDERED that #15 Motion to Dismiss and #23 Motion to Transfer are MOOT until it is determined whether this Court has jurisdiction. Signed by Chief Judge Robert C. Jones on 3/7/13. (Copies have been distributed pursuant to the NEF - EDS)
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Filing 38
ORDER ON STIPULATION Granting #37 Stipulation of Dismissal as to Ford Motor Company with prejudice. Signed by Chief Judge Robert C. Jones on 2/20/13. (Copies have been distributed pursuant to the NEF - EDS)
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| Filing 37 STIPULATION of Dismissal with Prejudice and Order as to Ford Motor Company Only by Defendant Ford Motor Company. (Perkins, Casey) |
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Filing 36
AMENDED SCHEDULING ORDER re #32 Proposed Discovery Plan/Scheduling Order. Discovery due by 12/10/2013. Motions due by 1/9/2014. Proposed Joint Pretrial Order due by 2/10/2014. Signed by Magistrate Judge Peggy A. Leen on 2/5/13. (Copies have been distributed pursuant to the NEF - EDS)
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Filing 35
SCHEDULING ORDER re #32 Proposed Discovery Plan/Scheduling Order. Discovery due by 12/10/2013. Motions due by 1/9/2014. Proposed Joint Pretrial Order due by 2/10/2013. Defendant Ford Motor Company's Motion to Transfer #23 is DENIED. Signed by Magistrate Judge Peggy A. Leen on 2/5/13. (Copies have been distributed pursuant to the NEF - EDS)
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| Filing 34 MINUTES OF PROCEEDINGS - Scheduling Conference held on 2/5/2013 before Magistrate Judge Peggy A. Leen. Crtrm Administrator: Jeff Miller; Pla Counsel: Benjamin Cloward, Esq.; Def Counsel: Dana Krulewitz, Esq., Casey Perkins, Esq.; Court Reporter/FTR #: 8:31:00 - 8:44:10; Time of Hearing: 8:30am; Courtroom: 3B; The Court has reviewed both Counsels' Proposed Discovery Plan and Scheduling Order #32 , Defendant Ford's Motion to Transfer #23 and Defendant's Joinder #26 . Plaintiff's Counsel and Counsel for Defendant Ford represent that Defendant Ford will soon be dismissed from this action. The Court hears Counsels' respective positions concerning their discovery needs. IT IS ORDERED: The Court will GRANT Counsel the Special Scheduling Review and Discovery Cutoff they requested in their Proposed Discovery Plan and Scheduling Order #32 , but the Court will impose the standard deadlines for expert and rebuttal disclosure deadlines and require simultaneous exchange of experts information, and informs Counsel that any additional request for extension will be scrutinized for a strong showing of good cause and due diligence, IT IS ORDERED: Defendant Ford's Motion to Transfer #23 and Defendant's Joinder #26 are DENIED. A separate Written Order shall issue. (no image attached) (Copies have been distributed pursuant to the NEF - JAM) |
| Filing 33 NOTICE of Hearing: A Scheduling Conference has been set for 2/5/2013, at 08:30 AM in LV Courtroom 3B before Magistrate Judge Peggy A. Leen, regarding the parties' proposed #32 Discovery Plan and Scheduling Order requesting special scheduling review.(no image attached)(TKH) |
| Filing 32 PROPOSED Discovery Plan/Scheduling Order filed by Defendant Ford Motor Company [Special Scheduling Review Requested]. (Perkins, Casey) |
| Filing 31 REPLY to Response to #23 MOTION to Transfer Case to the Northern Division filed by Defendant Ford Motor Company. (Attachments: #1 Exhibit)(Perkins, Casey) |
| Filing 30 SUMMONS Returned Executed by Amalia Perez. Eduardo Perez-Lopez served on 1/10/2013, answer due 1/31/2013. (Harris, Richard) |
| Filing 29 NOTICE of 26(f) Conference by Ford Motor Company. (Perkins, Casey) |
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Filing 28
ORDER ON STIPULATION Granting #27 Stipulation for Extension of Time to Submit Discovery Plan/Scheduling Order. Discovery Plan/Scheduling Order due by 1/28/2013. Signed by Magistrate Judge Peggy A. Leen on 1/9/13. (Copies have been distributed pursuant to the NEF - EDS)
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| Filing 27 STIPULATION FOR EXTENSION OF TIME (First Request)to Submit Discovery Plan/Scheduling Order by Defendant Ford Motor Company. (Perkins, Casey) |
| Filing 26 JOINDER to #23 MOTION to Transfer Case to the Northern Division filed by Defendants Lucretia Kay Chavez, Wagner Transportation. (Hall, Michael) |
| Filing 25 RESPONSE to #23 MOTION to Transfer Case to the Northern Division, filed by Plaintiff Amalia Perez. Replies due by 1/12/2013. (Harris, Richard) |
| Filing 24 CERTIFICATE of Interested Parties filed by Lucretia Kay Chavez, Wagner Transportation. There are no known interested parties other than those participating in the case. (Hall, Michael) |
| Filing 23 MOTION to Transfer Case to the Northern Division by Defendant Ford Motor Company. Responses due by 1/5/2013. (Attachments: #1 Exhibit)(Perkins, Casey) |
| Filing 22 REPLY to Response to #15 MOTION to Dismiss filed by Defendant Ford Motor Company. (Perkins, Casey) |
| Filing 21 JOINDER to #15 Motion to Dismiss filed by Defendants Lucretia Kay Chavez, Wagner Transportation. (Hall, Michael) |
| Filing 20 ANSWER to #4 Amended Complaint filed by Lucretia Kay Chavez, Wagner Transportation. (Attachments: #1 Civil Cover Sheet)(Hall, Michael) |
| Filing 19 RESPONSE to #15 MOTION to Dismiss, filed by Plaintiff Amalia Perez. Replies due by 12/17/2012. (Harris, Richard) |
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Filing 18
ORDER ON STIPULATION Granting #17 Stipulation Extending Time for Defendants to Respond to #4 Plaintiffs' Complaint. Lucretia Kay Chavez answer due 12/10/2012. Wagner Transportation answer due 12/10/2012. Signed by Chief Judge Robert C. Jones on 11/29/2012. (Copies have been distributed pursuant to the NEF - AC)
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| Filing 17 STIPULATION FOR EXTENSION OF TIME (First Request) to Respond to Plaintiffs' Complaint by Defendants Lucretia Kay Chavez, Wagner Transportation. (Hall, Michael) |
| Filing 16 SUMMONS Returned Executed by Amalia Perez. Lucretia Kay Chavez served on 10/29/2012, answer due 11/19/2012. (Harris, Richard) |
| Filing 15 MOTION to Dismiss by Defendant Ford Motor Company. Responses due by 12/8/2012. Certificate of Interested Parties due by 12/1/2012. Discovery Plan/Scheduling Order due by 1/5/2013. (Perkins, Casey) |
| Filing 14 DEMAND for Trial by Jury by Defendant Ford Motor Company. (Perkins, Casey) |
| Filing 13 CERTIFICATE of Interested Parties filed by Ford Motor Company. There are no known interested parties other than those participating in the case. (Perkins, Casey) |
| Filing 12 SUMMONS Returned Executed by Amalia Perez. Ford Motor Company served on 10/17/2012, answer due 11/7/2012. (Harris, Richard) |
| Filing 11 Summons Issued as to Lucretia Kay Chavez. (ASB) |
| Filing 10 PROPOSED SUMMONS to be issued, filed by Plaintiff Amalia Perez. (Harris, Richard) |
| Filing 9 Summons Issued as to Lucretia Kay Chavez, Ford Motor Company, Raul Garcia-Lopez, Eduardo Perez-Lopez and Wagner Transportation. (Attachments: #1 Ford, #2 Garcia-Perez, #3 Perez-Lopez, #4 Wagner)(SRK) |
| Filing 8 PROPOSED SUMMONS to be issued, filed by Plaintiff Amalia Perez. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons)(Harris, Richard) |
| Filing 7 CERTIFICATE of Interested Parties filed by Celso Perez-Lopez. There are no known interested parties other than those participating in the case. (Harris, Richard) |
| Filing 6 PROPOSED SUMMONS to be issued, filed by Plaintiff Amalia Perez. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons)(Harris, Richard) |
| NOTICE: Attorney Action Required to #6 Proposed Summons to be issued. ERROR: Wrong Summons form used. The clerk's office will not issue summons which are not submitted on the designated form. CORRECTION: Attorney Richard Harris advised to contact the Help Desk at 464-5555 for assistance pertaining to the filing of updated AO 440 (Rev. 06/12) Summons in a Civil Action forms. (no image attached)(ASB) |
| Filing 5 NOTICE: Attorney Action Required to #4 Amended Complaint. ERROR: Summons not issued due to wrong summons form used. CORRECTION: Richard Harris advised to download and complete, pursuant to FRCP 4, "AO 440 (Rev. 06/12) Summons in a Civil Action" form from the Court's Website at www.nvd.uscourts.gov; and refile using the event "Proposed Summons to be issued". (no image attached)(ASB) |
| Filing 4 AMENDED COMPLAINT against All Defendants, filed by Celso Perez-Lopez. No changes to parties. Proof of service due by 1/17/2013. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons) (Harris, Richard) |
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Filing 3
ORDER for Certificate of Interested Parties. IT IS ORDERED that counsel for Plaintiffs shall have until 9/28/2012 in which to fully comply with the provisions of Local Rule 7.1-1. Signed by Magistrate Judge Peggy A. Leen on 9/14/2012. (Copies have been distributed pursuant to the NEF - EDS)
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| Filing 2 NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - #www.nvd.uscourts.gov. Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (no image attached) (AC) |
| Filing 1 COMPLAINT against All Plaintiffs (Filing fee $ 350 receipt number 0978-2482085), filed by Amalia Perez. Certificate of Interested Parties due by 8/24/2012. Proof of service due by 12/12/2012. (Attachments: #1 Civil Cover Sheet) (Harris, Richard) |
| Case assigned to Chief Judge Robert C. Jones and Magistrate Judge Peggy A. Leen. (AC) |
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