Barry Broome v. CRST Expedited, Inc. et al
| Barry Broome |
| CRST Expedited, Inc., CRST Malone Inc and CRST International Inc |
| 2:2019cv01917 |
| November 25, 2019 |
| US District Court for the Northern District of Alabama |
| Madeline Hughes Haikala |
| John E Ott |
| Labor: Other |
| 05 U.S.C. § 704 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 21, 2022. A more recent docket listing may be available from PACER.
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Filing 60
AMENDED COMPLAINT First against All Defendants, filed by Barry Broome.(Lambert, Graham)
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Filing 59
TEXT ORDER: The Court grants plaintiff's unopposed motion to amend his complaint. (Doc. #58 ). Plaintiff shall please file his Amended Complaint as a separate docket entry. Signed by Judge Madeline Hughes Haikala on 1/22/2020. (YMB)
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Filing 58
Unopposed MOTION to Amend/Correct Complaint by Barry Broome. (Attachments: #1 Text of Proposed Order)(Lambert, Graham)
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Filing 57
TEXT ORDER: Consistent with the discussion held during the 1/14/2020 telephone conference, the Court sets the following deadlines: Defendant's answer to plaintiff's anticipated amended complaint is due by 2/4/2020. Opt-in Discovery is due by 3/16/2020. Plaintiff's conditional class certification brief is due by 3/30/2020; defendant's response is due by 4/13/2020; any reply is due by 4/20/2020. Signed by Judge Madeline Hughes Haikala on 1/14/2020. (YMB)
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Minute Entry for proceedings held before Judge Madeline Hughes Haikala: Telephone Conference held on 1/14/2020. Order to follow. (Court Reporter Leah Turner.) (YMB)
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Filing 56
TEXT ORDER - The Court sets this matter for a telephone conference at 1:00 PM on January 14, 2020. Counsel of record shall please dial 877-873-8018 and enter access code 5313999 to participate in the call. Signed by Judge Madeline Hughes Haikala on 1/7/2020. (KEK)
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Filing 55
INITIAL ORDER. Signed by Judge Madeline Hughes Haikala on 1/6/2020. (KEK)
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PHV Fee paid: $ 75, receipt number 1126-3507956 (ALND B4601103159). (Hughes, David) Modified on 1/6/2020 (KEK).
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PHV Fee paid: $75, receipt number B4601103159. (KEK)
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Filing 54
NOTICE OF REASSIGNMENT: The parties having not unanimously consented to the dispostive jurisdiction by a Magistrate Judge, this case is reassigned to Judge Madeline Hughes Haikala. Magistrate Judge John E Ott no longer assigned to the case. (KAM)
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Minute Entry for proceedings held before Magistrate Judge John E Ott: Telephone Conference held on 1/2/2020. (BST, )
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Filing 53
TEXT ORDER: Presently pending are the #50 and #51 motions to allow Graham G. Lambert and Joshua H. Haffner to appear pro hac vice on behalf of Barry Broome. The motions, which include the information required under Local Rule 83.1(b), are CONDITIONALLY GRANTED, subject to the payment of the applicable fees within seven (7) calendar days. Upon receipt of the required fees, the conditional grants of pro hac vice status will become final without further court action.Signed by Magistrate Judge John E. Ott on 01/01/2020. (SUH)
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Filing 52
REPORT of Rule 26(f) Planning Meeting. (Hughes, David)
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Filing 51
MOTION for Leave to Appear Pro Hac Vice of Joshua H. Haffner Motion is RIPE 12/31/2019. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by Barry Broome. (Hughes, David)
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Filing 50
MOTION for Leave to Appear Pro Hac Vice of Graham G. Lambert Motion is RIPE 12/31/2019. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by Barry Broome. (Hughes, David)
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Filing 49
NOTICE of Appearance by David A Hughes on behalf of Barry Broome (Hughes, David)
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Filing 48
NOTICE to remind parties of consent telephone conference scheduled for 11:15 AM on Thursday, 1/2/20; if all parties submit an executed consent form, either consenting or declining magistrate judge jurisdiction, by 9:00 AM on Thursday, 1/2/20, the conference will be cancelled. (BST)
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Filing 47
TEXT ORDER: Presently pending are the #42 #43 #44 #45 #46 motions to allow Charles Andrewscavage, Elizabeth M. Bolka, James H. Hanson, Jared S. Kramer and R. Jay Taylor to appear pro hac vice on behalf of CRST Malone Inc. The motions, which include the information required under Local Rule 83.1(b), are CONDITIONALLY GRANTED, subject to the payment of the applicable fees within seven (7) calendar days. Upon receipt of the required fees, the conditional grants of pro hac vice status will become final without further court action. Signed by Magistrate Judge John E. Ott on 12/18/2019. (SUH)
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Filing 46
MOTION for Leave to Appear Pro Hac Vice of R. Jay Taylor, Jr. Motion is RIPE 12/18/2019. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by CRST Malone Inc. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Walston, David)
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Filing 45
MOTION for Leave to Appear Pro Hac Vice of Jared S. Kramer Motion is RIPE 12/18/2019. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by CRST Malone Inc. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Walston, David)
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Filing 44
MOTION for Leave to Appear Pro Hac Vice of James H. Hanson Motion is RIPE 12/18/2019. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by CRST Malone Inc. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Walston, David)
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Filing 43
MOTION for Leave to Appear Pro Hac Vice of Elizabeth M. Bolka Motion is RIPE 12/18/2019. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by CRST Malone Inc. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Walston, David)
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Filing 42
MOTION for Leave to Appear Pro Hac Vice of Charles Andrewscavage Motion is RIPE 12/18/2019. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by CRST Malone Inc. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Walston, David)
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PHV Fee paid: $ 75, receipt number 1126-3499265 (ALND B4601102798). (Walston, David) Modified on 12/19/2019 (KEK).
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PHV Fee paid: $ 75, receipt number 1126-3499299. (ALND B4601102801). (Walston, David) Modified on 12/19/2019 (KEK).
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PHV Fee paid: $ 75, receipt number 1126-3499288. (ALND B4601102799). (Walston, David) Modified on 12/19/2019 (KEK).
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PHV Fee paid: $ 75, receipt number 1126-3499294. (ALND B4601102800). (Walston, David) Modified on 12/19/2019 (KEK).
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PHV Fee paid: $ 75, receipt number 1126-3499304. (ALND B4601102802). (Walston, David) Modified on 12/19/2019 (KEK).
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Filing 41
ORDER that the parties are reminded that this case will be reassigned to a district judge on 1/9/2020 unless they unanimously consent to jurisdiction by the undersigned magistrate; Telephone Conference set for 1/2/2020 11:15 AM before Magistrate Judge John E Ott; parties to call in as directed; if all parties submit an executed form 24 hours in advance, the telephone conference will be cancelled; Signed by Magistrate Judge John E Ott on 11/26/2019. (BST, )
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Filing 40
ORDER regarding compliance with Rule 26; Rule 26 Meeting Report due by 1/2/2020; Signed by Magistrate Judge John E Ott on 11/26/2019. (BST, )
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Filing 39
NOTICE of Appearance by David B Walston on behalf of CRST Malone Inc (Walston, David)
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Filing 38
NOTICE REGARDING CONSENT of a magistrate judge in a civil action. (KEK)
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Filing 37
Case transferred in from District of California Central; Case Number 2:19-cv-07664. Original file certified copy of transfer order and docket sheet received.
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Filing 36
ORDER by Judge John F. Walter #35 . Plaintiffs claims against Defendants CRST Expedited, Inc. and CRST International, Inc. are hereby dismissed without prejudice. Each party shall bear its own costs and attorneys fees; The above-captioned case is hereby transferred to the United States District Court for the Northern District of Alabama for further proceedings. IT IS SO ORDERED. Original file, certified copy of the transfer order and docket sheet sent. (MD JS-6. Case Terminated.), (Made JS-6. Case Terminated.) (yl) [Transferred from California Central on 11/25/2019.]
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Filing 35
Joint STIPULATION to Dismiss Defendant CRST International, Inc., CRST Expedited, Inc., Joint STIPULATION to Transfer Case to Northern District of Alabama filed by Defendants CRST Malone, Inc., CRST International, Inc., CRST Expedited, Inc.. (Attachments: #1 Exhibit A - CRST Malone, Inc. Independent Contractor Operating Agreement, #2 Proposed Order)(Hanson, James) [Transferred from California Central on 11/25/2019.]
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Filing 34
DECLARATION of James H. Hanson Pursuant to the Court's November 6, 2019 Order filed by Defendants CRST Expedited, Inc., CRST International, Inc., CRST Malone, Inc.. (Hanson, James) [Transferred from California Central on 11/25/2019.]
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Filing 33
MINUTE ORDER IN CHAMBERS by Judge John F. Walter: Counsel are hereby notified that a Scheduling Conference has been set for December 23, 2019 at 1:15 p.m. before Judge John F. Walter in Courtroom 7A, 350 W. 1st St, Los Angeles, CA 90012. Lead Trial Counsel shall attend all proceedings before this Court, including the Scheduling Conference. Counsel are directed to comply with Rule 26 of the Federal Rules of Civil Procedure and Local Rule 26-1 in a timely fashion and to file a Joint Report, on or before December 9, 2019. (iv) [Transferred from California Central on 11/25/2019.]
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Filing 32
Text Entry Order: Defendants Motion to Dismiss under Fed. Rs. Civ.P. 12(b)(2) and 12(b)(3) filed on November 5, 2019 (Docket No. #30 ) and Defendants Motion to Transfer filed on November 5, 2019 (Docket No. #31 ) are STRICKEN for failure to comply with Local Rule 7-3 which requires the conference of counsel to take place at least seven days prior to the filing of the Motion and paragraph 5(b) of the Court's Standing Order which requires the Joint Statement to be filed 3 days after the Local Rule 7-3 conference. If Defendants wish to re-file the Motions, lead counsel shall meet and confer in person by November 12, 2019. If the parties cannot resolve the issues raised in the Motions, within 3 days of the meet and confer, each party shall file a declaration setting forth the issues resolved at the conference and those issues that were not resolved with a detailed explanation of why those issues could not be resolved. If the Motions remain necessary, they shall not be filed until 2 days after each party files the declaration required by this Order.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY [Transferred from California Central on 11/25/2019.]
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Filing 31
*Stricken* NOTICE OF MOTION AND MOTION to Change Venue to United States District Court for the Northern District of Alabama filed by Defendants CRST Expedited, Inc., CRST International, Inc., CRST Malone, Inc.. Motion set for hearing on 12/9/2019 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Memorandum, #2 Exhibit 1 - Declaration of Chris Deschaine, #3 Exhibit 2 - Declaration of Jan Wiltgen, #4 Proposed Order) (Hanson, James) Modified on 11/6/2019 (sr). [Transferred from California Central on 11/25/2019.]
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Filing 30
*Stricken* NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction filed by Defendants CRST Expedited, Inc., CRST International, Inc., CRST Malone, Inc.. Motion set for hearing on 12/9/2019 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Memorandum, #2 Exhibit 1 - Declaration of Chris Deschaine, #3 Exhibit 2 - Declaration of Jan Wiltgen, #4 Exhibit 3 - Declaration of Michael Gannon, #5 Exhibit 4 - Declaration of Chad Brueck, #6 Proposed Order) (Hanson, James) Modified on 11/6/2019 (sr). [Transferred from California Central on 11/25/2019.]
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Filing 29
ORDER by Judge John F. Walter: Granting Application of Non-Resident Attorney Jared S. Kramer to Appear Pro Hac Vice on behalf of Defendant CRST Expedited, Inc., CRST International, Inc. and CRST Malone, Inc., designating Christopher C. McNatt, Jr. as local counsel #27 . (iv) [Transferred from California Central on 11/25/2019.]
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Filing 28
ORDER by Judge John F. Walter: Granting Application of Non-Resident Attorney Charles Andrewscavage to Appear Pro Hac Vice on behalf of Defendant CRST Expedited, Inc., CRST Malone, Inc., and CRST International, Inc., designating Christopher C. McNatt, Jr. as local counsel #26 . (iv) [Transferred from California Central on 11/25/2019.]
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Filing 27
APPLICATION of Non-Resident Attorney Jared S. Kramer to Appear Pro Hac Vice on behalf of Defendants CRST Expedited, Inc., CRST International, Inc., CRST Malone, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24473728) filed by defendants CRST Expedited, Inc., CRST International, Inc., CRST Malone, Inc.. (Attachments: #1 Proposed Order) (McNatt, Christopher) [Transferred from California Central on 11/25/2019.]
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Filing 26
APPLICATION of Non-Resident Attorney Charles Andrewscavage to Appear Pro Hac Vice on behalf of Defendants CRST Expedited, Inc., CRST International, Inc., CRST Malone, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24473386) filed by defendants CRST Expedited, Inc., CRST International, Inc., CRST Malone, Inc.. (Attachments: #1 Proposed Order) (McNatt, Christopher) [Transferred from California Central on 11/25/2019.]
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Filing 25
ORDER by Judge John F. Walter: Granting Application of Non-Resident Attorney Elizabeth M. Bolka to Appear Pro Hac Vice on behalf of Defendant CRST Expedited, Inc., CRST International, Inc. and CRST Malone, Inc., designating Christopher C. McNatt, Jr. as local counsel #20 . (iv) [Transferred from California Central on 11/25/2019.]
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Filing 24
ORDER by Judge John F. Walter: Granting Application of Non-Resident Attorney R Jay Taylor, Jr. to Appear Pro Hac Vice on behalf of Defendant CRST Expedited, Inc., CRST International, Inc. and CRST Malone, Inc., designating Christopher C. McNatt, Jr. as local counsel #19 . (iv) [Transferred from California Central on 11/25/2019.]
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Filing 23
ORDER by Judge John F. Walter: Granting Application of Non-Resident Attorney James H. Hanson to Appear Pro Hac Vice on behalf of Defendant CRST Expedited, Inc., CRST International, Inc. and CRST Malone, Inc., designating Christopher C. McNatt, Jr. as local counsel #18 . (iv) [Transferred from California Central on 11/25/2019.]
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Filing 22
OBJECTIONS to Notice of Related Case(s) #12 filed by Defendants CRST Expedited, Inc., CRST International, Inc., CRST Malone, Inc.. (Attachments: #1 Exhibit A - Independent Contractor Operating Agreement, #2 Exhibit B - Sample Settlement Statement)(McNatt, Christopher) [Transferred from California Central on 11/25/2019.]
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Filing 21
NOTICE of Interested Parties filed by Defendants CRST Expedited, Inc., CRST International, Inc., CRST Malone, Inc., identifying Admiralty Holdings, Inc.. (McNatt, Christopher) [Transferred from California Central on 11/25/2019.]
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Filing 20
APPLICATION of Non-Resident Attorney Elizabeth M. Bolka to Appear Pro Hac Vice on behalf of Defendants CRST Expedited, Inc., CRST International, Inc., CRST Malone, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24443467) filed by Defendants CRST Expedited, Inc., CRST International, Inc., CRST Malone, Inc.. (Attachments: #1 Proposed Order) (McNatt, Christopher) [Transferred from California Central on 11/25/2019.]
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Filing 19
APPLICATION of Non-Resident Attorney R. Jay Taylor, Jr. to Appear Pro Hac Vice on behalf of Defendants CRST Expedited, Inc., CRST International, Inc., CRST Malone, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24443408) filed by Defendants CRST Expedited, Inc., CRST International, Inc., CRST Malone, Inc.. (Attachments: #1 Proposed Order) (McNatt, Christopher) [Transferred from California Central on 11/25/2019.]
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Filing 18
APPLICATION of Non-Resident Attorney James H. Hanson to Appear Pro Hac Vice on behalf of Defendants CRST Expedited, Inc., CRST International, Inc., CRST Malone, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24443333) filed by Defendants CRST Expedited, Inc., CRST International, Inc., CRST Malone, Inc.. (Attachments: #1 Proposed Order) (Attorney Christopher Chad McNatt, Jr added to party CRST Expedited, Inc.(pty:dft), Attorney Christopher Chad McNatt, Jr added to party CRST International, Inc.(pty:dft), Attorney Christopher Chad McNatt, Jr added to party CRST Malone, Inc.(pty:dft)) (McNatt, Christopher) [Transferred from California Central on 11/25/2019.]
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Filing 17
DECLARATION of Joshua H. Haffner Lead Trial Counsel re: Compliance with Local Rules Gverning Electronic FIling filed by Plaintiff Barry Broome. (Haffner, Joshua) [Transferred from California Central on 11/25/2019.]
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Filing 16
NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Barry Broome, upon Defendant CRST Malone, Inc. acknowledgment sent by Plaintiff on 9/6/2019, answer due 9/27/2019. Acknowledgment of Service signed by James H. Hanson, Counsel. (Haffner, Joshua) [Transferred from California Central on 11/25/2019.]
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Filing 15
NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Barry Broome, upon Defendant CRST International, Inc. acknowledgment sent by Plaintiff on 9/6/2019, answer due 9/27/2019. Acknowledgment of Service signed by James H. Hanson, Counsel. (Haffner, Joshua) [Transferred from California Central on 11/25/2019.]
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Filing 14
NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Barry Broome, upon Defendant CRST Expedited, Inc. acknowledgment sent by Plaintiff on 9/6/2019, answer due 9/27/2019. Acknowledgment of Service signed by James H. Hanson, Counsel. (Haffner, Joshua) [Transferred from California Central on 11/25/2019.]
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Filing 13
STANDING ORDER by Judge John F. Walter. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (lom) [Transferred from California Central on 11/25/2019.]
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Filing 12
NOTICE of Related Case(s) filed by Plaintiff Barry Broome. Related Case(s): 5:19-cv-01665-JGB-SP (Haffner, Joshua) [Transferred from California Central on 11/25/2019.]
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Filing 11
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant CRST Malone, Inc. (ghap) [Transferred from California Central on 11/25/2019.]
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Filing 10
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant CRST Expedited, Inc. (ghap) [Transferred from California Central on 11/25/2019.]
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Filing 9
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant CRST International, Inc. (ghap) [Transferred from California Central on 11/25/2019.]
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Filing 8
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) [Transferred from California Central on 11/25/2019.]
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Filing 7
NOTICE OF ASSIGNMENT to District Judge John F. Walter and Magistrate Judge Michael R. Wilner. (ghap) [Transferred from California Central on 11/25/2019.]
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Filing 6
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Barry Broome. (Haffner, Joshua) [Transferred from California Central on 11/25/2019.]
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Filing 5
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Barry Broome. (Haffner, Joshua) [Transferred from California Central on 11/25/2019.]
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Filing 4
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Barry Broome. (Haffner, Joshua) [Transferred from California Central on 11/25/2019.]
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Filing 3
NOTICE of Interested Parties filed by Plaintiff Barry Broome, identifying CRST Expedited, Inc; CRST International, Inc.; CRST Malone, Inc.. (Haffner, Joshua) [Transferred from California Central on 11/25/2019.]
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Filing 2
CIVIL COVER SHEET filed by Plaintiff Barry Broome. (Haffner, Joshua) [Transferred from California Central on 11/25/2019.]
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Filing 1
COMPLAINT Receipt No: 0973-24378704 - Fee: $400, filed by Plaintiff Barry Broome. (Attorney Joshua H Haffner added to party Barry Broome(pty:pla))(Haffner, Joshua) [Transferred from California Central on 11/25/2019.]
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