Luna v. Knutson Mortgage Corporation et al
| Luna, Guillermo Luna, Elizabeth Luna, Juanita Luna, Ines Rosemary Cervantes, Anna Maria Perez, John Paul Luna, Daniel Roger Luna and Jesse Luna |
| Knutson Mortgage Corporation, Bank of America NA and DOES 1-10 |
| 3:2015cv00475 |
| February 11, 2015 |
| US District Court for the Northern District of Texas |
| Dallas Office |
| Anderson |
| Sam A Lindsay |
| Irma Carrillo Ramirez |
| Real Property: Foreclosure |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 24, 2017. A more recent docket listing may be available from PACER.
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| Filing 68 STIPULATION OF DISMISSAL with Prejudice by Bank of America NA. (Durham, Matthew) |
Filing 67
ORDER: The court has been notified by the parties that this case has settled. The court vacates the Standing Order of Reference (Doc. 11); and the parties are directed to file a stipulation or notice of dismissal, or agreed motion to dismiss with the United States District Clerk's Office by 9/21/2017. There appears to be no further reason at this time to maintain this case as an open file for statistical purposes, and the court determines that it should be, and is hereby, administratively closed. (Ordered by Judge Sam A Lindsay on 8/22/2017) (epm)
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Filing 66
ELECTRONIC ORDER finding as moot #54 Motion for Summary Judgment based on the Joint Notice of Settlement of Claims filed on 6/21/2017. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 6/22/2017) (Magistrate Judge Irma Carrillo Ramirez)
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| Filing 65 NOTICE of Settlement of Claims filed by Bank of America NA (Durham, Matthew) |
| Filing 64 Amended Brief/Memorandum in Support filed by Ines Rosemary Cervantes, Daniel Roger Luna, Elizabeth Luna, Guillermo Luna, Jesse Luna, John Paul Luna, Juanita Luna, Anna Maria Perez re #58 Response/Objection. (axm) |
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Filing 63
ORDER granting #62 Plaintiffs' Unopposed Motion for Leave to File Amended Brief in Support of Response to Defendant's Motion for Summary Judgment. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Magistrate Judge Irma Carrillo Ramirez on 5/12/2017) (axm)
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| Filing 62 Unopposed MOTION for Leave to File Amended Brief in Support of Response to Defendant's Motion for Summary Judgment filed by Ines Rosemary Cervantes, Daniel Roger Luna, Elizabeth Luna, Guillermo Luna, Jesse Luna, John Paul Luna, Juanita Luna, Anna Maria Perez (Attachments: #1 Exhibit(s) Proposed Amended Brief, #2 Proposed Order Granting Motion for Leave) (Exline, John) |
| Filing 61 REPLY filed by Bank of America NA re: #54 MOTION for Summary Judgment (Durham, Matthew) |
| Filing 60 Appendix in Support filed by Ines Rosemary Cervantes, Daniel Roger Luna, Elizabeth Luna, Guillermo Luna, Jesse Luna, John Paul Luna, Juanita Luna, Anna Maria Perez re #58 Response/Objection (Exline, John) |
| Filing 59 Brief/Memorandum in Support filed by Ines Rosemary Cervantes, Daniel Roger Luna, Elizabeth Luna, Guillermo Luna, Jesse Luna, John Paul Luna, Juanita Luna, Anna Maria Perez re #58 Response/Objection (Exline, John) |
| Filing 58 RESPONSE filed by Ines Rosemary Cervantes, Daniel Roger Luna, Elizabeth Luna, Guillermo Luna, Jesse Luna, John Paul Luna, Juanita Luna, Anna Maria Perez re: #54 MOTION for Summary Judgment (Exline, John) |
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Filing 57
ORDER re: #54 Defendant Bank of America N.A.'s Motion for Summary Judgment. Respondent may file a response by 4/28/2017. Movant may file a reply by 5/12/2017. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 4/10/2017) (mcrd)
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| Filing 56 Appendix in Support filed by Bank of America NA re #55 Brief/Memorandum in Support of Motion (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B) (Durham, Matthew) |
| Filing 55 Brief/Memorandum in Support filed by Bank of America NA re #54 MOTION for Summary Judgment (Durham, Matthew) |
| Filing 54 MOTION for Summary Judgment filed by Bank of America NA (Attachments: #1 Proposed Order) (Durham, Matthew) |
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Filing 53
ELECTRONIC ORDER granting #52 MOTION for Extension of Dispositive Motion Deadline. The deadline for filing dispositive motions is extended until 4/7/2017. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 3/30/2017) (Magistrate Judge Irma Carrillo Ramirez)
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| Filing 52 MOTION for Extension of Dispositive Motion Deadline filed by Bank of America NA (Attachments: #1 Proposed Order) (Durham, Matthew) |
| Filing 51 Joint STATUS REPORT and Estimate of Trial Length filed by Bank of America NA. (Durham, Matthew) |
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Filing 50
ORDER granting #48 Agreed Motion for Extension of Mediation Deadline. Deadline for mediation is extended to 3/30/2017. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 3/14/2017) (mcrd)
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| Filing 49 NOTICE of Terminiated Counsel filed by Bank of America NA (Durham, Matthew) |
| Filing 48 MOTION for Extension of Mediation Deadline filed by Bank of America NA (Attachments: #1 Proposed Order) (Durham, Matthew) |
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Filing 47
Order Granting #46 Second Joint Motion to Amend Scheduling Order. Discovery due by 2/28/2017. Deadline for mediation is on or before 3/14/2017. Motions due by 3/31/2017. Status Report due by 3/24/2017. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 10/22/2016) (mcrd)
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| Filing 46 Joint MOTION to Amend/Correct #28 Order Setting Deadline/Hearing, #42 Order on Motion for Miscellaneous Relief, filed by Ines Rosemary Cervantes, Daniel Roger Luna, Elizabeth Luna, Guillermo Luna, Jesse Luna, John Paul Luna, Juanita Luna, Anna Maria Perez (Attachments: #1 Proposed Order On Second Joint Motion to Amend Scheduling Order) (Exline, John) |
| Filing 45 NOTICE of Appearance of Additional Counsel and Notice of Terminated Counsel filed by Bank of America NA (Durham, Matthew) |
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Filing 44
STIPULATION AND PROTECTIVE ORDER. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 10/5/2016) (rekc)
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| Filing 43 Unopposed MOTION for Entry of Stipulation and Protective Order filed by Ines Rosemary Cervantes, Daniel Roger Luna, Elizabeth Luna, Guillermo Luna, Jesse Luna, John Paul Luna, Juanita Luna, Anna Maria Perez (Exline, John) Modified text on 10/5/2016 (rekc). |
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Filing 42
ORDER granting #41 Joint Motion to Amend Scheduling Order. Discovery due by 11/30/2016. Deadline for mediation is on or before 12/14/2016. Motions due by 12/30/2016. Status Report due by 12/23/2016. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 8/15/2016) (mcrd)
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| Filing 41 MOTION Amend Scheduling Order re #28 Order Setting Deadline/Hearing, filed by Ines Rosemary Cervantes, Daniel Roger Luna, Elizabeth Luna, Guillermo Luna, Jesse Luna, John Paul Luna, Juanita Luna, Anna Maria Perez (Attachments: #1 Proposed Order) (Exline, John) |
| Filing 40 ANSWER to #37 Amended Complaint, filed by Bank of America NA. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Ragan, Adam) |
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Filing 39
ORDER granting #38 Defendant's Unopposed Motion for Extension of Time to File Response to Plaintiff's Third Amended Complaint. Defendant Bank of America, N.A. may file its response to Plaintiff's Third Amended Complaint by 7/25/2016. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 7/8/2016) (mcrd)
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| Filing 38 Unopposed MOTION to Extend Time to File Response to Plaintiff's Third Amended Complaint filed by Bank of America NA (Attachments: #1 Proposed Order) (Ragan, Adam) |
| Filing 37 THIRD AMENDED COMPLAINT WITH JURY DEMAND against Bank of America NA, DOES 1-10, inclusive filed by Guillermo Luna, Elizabeth Luna, Juanita Luna, Ines Rosemary Cervantes, Anna Maria Perez, John Paul Luna, Daniel Roger Luna, Jesse Luna. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (trk) |
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Filing 36
ELECTRONIC ORDER granting #29 Plaintiff's Motion for Leave to File Amended Complaint Joining Additional Plaintiffs. On 6/24/2016, the defendant filed its response stating that it did not oppose a grant of leave to amend the complaint under the circumstances of this case. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Magistrate Judge Irma Carrillo Ramirez on 6/25/2016) (Magistrate Judge Irma Carrillo Ramirez)
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| Filing 35 RESPONSE filed by Bank of America NA re: #29 MOTION for Leave to File Third Amended Complaint Joining Additional Plaintiffs (Ragan, Adam) |
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Filing 34
Agreed Order Compelling Production of Documents. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 6/20/2016) (mcrd)
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Filing 33
Agreed Protective Order. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 6/20/2016) (mcrd)
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| Filing 32 Agreed MOTION to Compel filed by Bank of America NA (Attachments: #1 Proposed Order) (Ragan, Adam) |
| Filing 31 Agreed MOTION for Protective Order filed by Bank of America NA (Attachments: #1 Proposed Order) (Ragan, Adam) |
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Filing 30
ORDER re: #29 Plaintiff's Motion for Leave to File Amended Complaint Joining Additional Plaintiffs, and Supporting Brief. Respondent may file a response by 6/24/2016. Movant may file a reply by 7/8/2016. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 6/6/2016) (mcrd)
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| Filing 29 MOTION for Leave to File Third Amended Complaint Joining Additional Plaintiffs filed by Guillermo Luna with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) 1 - Plaintiffs' 3d Amended Complaint, #2 Exhibit(s) 2 - Proposed Order) (Exline, John) |
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Filing 28
ORDER: Amended Pleadings due by 6/2/2016. Discovery due by 8/31/2016. Joinder of Parties due by 6/2/2016. Deadline for mediation is on or before 9/14/2016. Motions due by 9/28/2016. Status Report due by 9/21/2016. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 2/19/2016) (mcrd)
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| Filing 27 Proposal for contents of scheduling and discovery order by Guillermo Luna. (Exline, John) |
| Filing 26 Proposal for contents of scheduling and discovery order by Bank of America NA. (Ragan, Adam) |
| Filing 25 NOTICE of Attorney Appearance by John D Exline on behalf of Guillermo Luna. (Filer confirms contact info in ECF is current.) (Exline, John) |
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Filing 24
ORDER FOR SCHEDULING PROPOSALS: Proposed Scheduling Order due by 2/18/2016. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 1/29/2016) (twd)
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| Filing 23 ANSWER to #13 Amended Complaint filed by Bank of America NA. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Ragan, Adam) |
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Filing 22
Order Accepting #21 Findings and Recommendation of the United States Magistrate Judge. Accordingly, the court grants Defendant #17 Bank of America NA's Motion to Dismiss Plaintiff's Second Amended Petition with respect to Plaintiff's claims for alleged wrongful foreclosure, criminal attempt, criminal conspiracy, and violations of the DTPA and TDCPA, and dismisses with prejudice these claims against BOA. Regarding Plaintiff's request for declaratory and injunctive relief and claims of common law fraud; trespass to real property; trespass to try title; quiet title; and alleged violations of the FDCPA, Texas Property Code, and section 356.001 of the Texas Estates Code, Defendant Bank of America NA's Motion to Dismiss Plaintiff's Second Amended Petition (Doc. #17 ) is denied. (Ordered by Judge Sam A Lindsay on 1/12/2016) (axm)
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Filing 21
Findings, Conclusions, and Recommendation re: #17 Defendant Bank of America, N.A.'s Motion to Dismiss Plaintiff's Second Amended Petition. Defendant's motion to dismiss should be GRANTED in part and DENIED in part, and Plaintiff's claims against it for wrongful foreclosure, criminal attempt, criminal conspiracy, and violation of the DTPA and the TDCPA should be dismissed. Plaintiff's claims for common law fraud, trespass to real property, trespass to try title, quiet title, declaratory relief, injunctive relief, and violations of the FDCPA, Section 51.002 of the Texas Property Code, and Section 356.001 of the Texas Estates Code should remain pending for trial. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 11/9/2015) (mcrd)
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| Filing 20 REPLY filed by Bank of America NA re: #17 MOTION to Dismiss Plaintiff's Second Amended Petition (Clancy, Stewart) |
| Filing 19 RESPONSE AND OBJECTION filed by Guillermo Luna re: #17 MOTION to Dismiss Plaintiff's Second Amended Petition (Attachments: #1 Additional Page(s) Appendix and Certified Copies, #2 Affidavit(s) Exhibits, #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Exhibit(s), #7 Exhibit(s), #8 Exhibit(s)) (Luna, Guillermo) |
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Filing 18
ORDER re: #17 Defendant Bank of America, N.A.'s Motion to Dismiss Plaintiff's Second Amended Petition. Respondent may file a response by 5/5/2015. Movant may file a reply by 5/19/2015. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 4/15/2015) (mcrd)
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| Filing 17 MOTION to Dismiss Plaintiff's Second Amended Petition filed by Bank of America NA with Brief/Memorandum in Support. (Attachments: #1 Additional Page(s) Brief in Support, #2 Proposed Order) (Opitz, Justin) |
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Filing 16
ORDER re: the #14 Motion to Extend Time for Defendant Bank of America, N.A., to Respond to Plaintiff's Second Amended Petition. The motion is GRANTED in part, and the defendant's response to the amended petition is due by 4/14/2015. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 3/30/2015) (mcrd)
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| Filing 15 RESPONSE filed by Guillermo Luna re: #14 Motion for Extension of Time to File Answer to Plaintiff's Second Amended Petition (Luna, Guillermo) |
| Filing 14 Motion for Extension of Time to File Answer to Plaintiff's Second Amended Petition filed by Bank of America NA (Clark, Randall) |
| Filing 13 SECOND AMENDED PETITION WITH JURY DEMAND for Temporary Injunction, Wrongful Foreclosure, Deceptive Trade Practices, Criminal Attempt, Criminal Conspiracy, Quiet Title, and Declaratory Judgment against Bank of America NA, DOES 1-10, inclusive filed by Guillermo Luna. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 part 2) (tln) |
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Filing 12
ORDER granting #10 Motion for Leave to Amend Petition. The Clerk's Office shall file the proposed amended complaint attached to the plaintiff's motion. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 3/16/2015) (tln)
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Filing 11
***Vacated per #67 Order*** STANDING ORDER OF REFERENCE: This case is hereby referred to United States Magistrate Judge Irma Carrillo Ramirez for pretrial management. (Ordered by Judge Sam A Lindsay on 3/13/2015) (tln) Modified on 8/22/2017 (epm).
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| Filing 10 MOTION for Leave to to Amend Petition filed by Guillermo Luna (Attachments: #1 Exhibit(s) A - I, #2 Exhibit(s) J - W, #3 Exhibit(s) X - Z - AA) (Luna, Guillermo) Modified title on 3/12/2015 (ctf). |
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Filing 9
ORDER granting #8 Motion to Extend Time. Accordingly, the deadline for Defendant Bank of America, N.A. to file a response to Plaintiffs Amended Petition is March 20, 2015. (Ordered by Judge Sam A Lindsay on 2/19/2015) (aaa)
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| Filing 8 MOTION to Extend Time to Respond to Plaintiff's Amended Petition filed by Bank of America NA (Attachments: #1 Proposed Order) (Clark, Randall) |
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Filing 7
ORDER granting #5 Motion to Dismiss filed by Guillermo Luna. Accordingly, all claims of Plaintiff Guillermo Luna against Defendant Guaranty Residential Lending, Inc. f/k/a Temple-Inland Mortgage Corporation f/k/a Knutson Mortgage Corporation are dismissed without prejudice. (Ordered by Judge Sam A Lindsay on 2/17/2015) (aaa)
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| Filing 6 NOTICE of Filing Supplement re: #1 Notice of Removal filed by Bank of America NA (Attachments: #1 Exhibit(s) A-Pltf. Amended Petition) (Clark, Randall) |
| Filing 5 MOTION to Dismiss filed by Guillermo Luna (Luna, Guillermo) |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bank of America NA identifying Corporate Parent/Other Affiliate BANA Holding Corporation for Bank of America NA. (Clark, Randall) |
| Filing 3 Notice and Instruction to Pro Se Party. (bdb) |
| Filing 2 New Case Notes: A filing fee has been paid. File to Judge Lindsay. Case received over counter/electronically. No prior sanctions found. (For court use only - links to the #national and #circuit indexes.) Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Ramirez). Clerk to provide copy to plaintiff if not received electronically. (bdb) |
| Filing 1 NOTICE OF REMOVAL from 95th Dallas County District Court, case number DC-15-00949 filed by Bank of America, N.A.. (Filing fee $400; receipt number 0539-6594329) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s) 1-Index of Matters Being Filed, #2 Exhibit(s) A-State Court Pleadings, #3 Exhibit(s) B-State Court Docket Sheet, #4 Exhibit(s) C-List of Counsel, #5 Exhibit(s) D-State Court Notice of Removal, #6 Cover Sheet, #7 Cover Sheet Supplement) (Clark, Randall) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:3. Wed Feb 11 12:03:49 CST 2015 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:2. Wed Feb 11 12:02:04 CST 2015 (crt) |
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