Gibson v. Consumer Testing Laboratories, Inc. et al
| Alexis Leah Freeman Gibson |
| Robert Burgess doing business as Burgess Group also known as BOB BURGESS AND ASSOCIATES, Consumer Testing Laboratories, Inc., UL VERIFICATION SERVICES, INC., EARTHBOUND LICENSING, LLC, EARTHBOUND, LLC, EARTHBOUND PW LLC, BOB BURGESS AND ASSOCIATES, Melissa Metcalfe, Mane USA, Inc., GALA NORTH AMERICA, INC. and John Does 1 - 10 |
| 5:2023cv05118 |
| July 17, 2023 |
| US District Court for the Western District of Arkansas |
| Timothy L Brooks |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 Petition for Removal- Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on April 23, 2024. A more recent docket listing may be available from PACER.
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Filing 75
Corporate Disclosure Statement by Mane USA, Inc.. (Barnes, Thad)
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Filing 74
Corporate Disclosure Statement by Earthbound Licensing, LLC, Earthbound PW LLC, Earthbound, LLC. (Dodson, Robert)
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Filing 73
Corporate Disclosure Statement by Robert Burgess. (McElroy, Jacob)
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Filing 72
Corporate Disclosure Statement by Consumer Testing Laboratories, Inc., UL Verification Services, Inc.. (Singleton, Jeffrey)
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Filing 71
TEXT ONLY ORDER withdrawing #7 Motion to Remand. See #68 . Signed by Honorable Timothy L. Brooks on September 6, 2023. (ee)
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Filing 70
NOTICE by Melissa Metcalfe. (Younger, Robert) Modified on 9/7/2023 to correct event and docket text (bjb).
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Filing 69
NOTICE by Alexis Leah Freeman Gibson Plaintiff Alexis Leah Freeman Gibson's Rule 7.1 Disclosure Statement (Holcomb, Michael)
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Filing 68
NOTICE by Alexis Leah Freeman Gibson re #7 MOTION to Remand Notice of Withdrawal of Motion to Remand (Holcomb, Michael)
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Filing 67
Defendant Melissa Metcalfe's ANSWER to #56 Amended Complaint, by Melissa Metcalfe.(Younger, Robert)
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Filing 66
MEMORANDUM BRIEF in Support of #65 MOTION to Dismiss for Lack of Jurisdiction MOTION to Strike #56 Amended Complaint, (Defendant Gala North America, Inc.'s Motion To Dismiss And Motion To Strike Plaintiffs' First Amended Complaint) by Gala North America, Inc.. (O'Boyle, Arameh)
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Filing 65
MOTION to Dismiss for Lack of Jurisdiction , MOTION to Strike #56 Amended Complaint, (Defendant Gala North America, Inc.'s Motion To Dismiss And Motion To Strike Plaintiffs' First Amended Complaint) by Gala North America, Inc.. (O'Boyle, Arameh)
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Filing 64
ANSWER to #56 Amended Complaint, with Jury Demand by Earthbound Licensing, LLC, Earthbound PW LLC, Earthbound, LLC.(Dodson, Richard)
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Filing 63
MEMORANDUM BRIEF in Support of #62 MOTION to Dismiss , Motion to Strike, or in the Alternative, Motion to Transfer Plaintiff's First Amended Complaint by Mane USA, Inc.. (Attachments: #1 Exhibit Calif Third Amnd Complaint)(Barnes, Thad)
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Filing 62
MOTION to Dismiss , Motion to Strike, or in the Alternative, Motion to Transfer Plaintiff's First Amended Complaint by Mane USA, Inc.. (Barnes, Thad)
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Filing 61
ANSWER to #56 Amended Complaint, with Jury Demand by Consumer Testing Laboratories, Inc., UL Verification Services, Inc..(Singleton, Jeffrey)
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Filing 60
ANSWER to #56 Amended Complaint, with Jury Demand by Robert Burgess.(McElroy, Jacob)
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Filing 59
TEXT ONLY ORDER finding as moot #52 Motion to Dismiss Party due to the filing of an amended complaint. Signed by Honorable Timothy L. Brooks on August 23, 2023. (ee)
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Filing 58
TEXT ONLY ORDER finding as moot #42 Motion to Dismiss for Failure to State a Claim and for Lack of Jurisdiction and Motion to Strike due to the filing of an amended complaint. Signed by Honorable Timothy L. Brooks on August 23, 2023. (ee)
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Filing 57
NOTICE by Gala North America, Inc. re #42 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction MOTION to Strike #4 Complaint, (Notice Of Withdrawal Of Defendant Gala North America, Inc.s Motion To Dismiss And Motion To Strike Plaintiffs Complaint [Dkt. No. 42]) (O'Boyle, Arameh)
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Filing 56
AMENDED COMPLAINT with Jury Demand as to #4 Complaint, against All Defendants , filed by Alexis Leah Freeman Gibson. Related document: #4 Complaint, filed by Alexis Leah Freeman Gibson. (Attachments: #1 Exhibit A - Order Appointing Ancillary Personal Representative, #2 Exhibit B - Affidavit of Bill Reynolds)(Holcomb, Michael)
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Filing 55
RESPONSE IN OPPOSITION TO Motion re #42 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction MOTION to Strike #4 Complaint, filed by Alexis Leah Freeman Gibson. (Attachments: #1 Exhibit Exhibit 1 - Gala Group Website, #2 Exhibit Exhibit 2 - Walmart ROG Responses, #3 Exhibit Exhibit 3 - Metcalfe LinkedIn, #4 Exhibit Exhibit 4 - Flora Disclosures, #5 Exhibit Exhibit 5 - Biondi LinkedIn, #6 Exhibit Exhibit 6 - Christensen LinkedIn, #7 Exhibit Exhibit 7 - Cunningham Resume, #8 Exhibit Exhibit 8 - Cunningham LinkedIn, #9 Exhibit Exhibit 9 - Oliver LinkedIn)(Holcomb, Michael)
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Filing 54
ANSWER to #4 Complaint, with Jury Demand by Consumer Testing Laboratories, Inc., UL Verification Services, Inc..(Singleton, Jeffrey)
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Filing 53
MEMORANDUM BRIEF in Support of #52 MOTION to Dismiss Party , Motion to Strike, and, in the Alternative, Motion to Transfer Plaintiffs' Complaint, #4 Complaint, by Mane USA, Inc.. (Attachments: #1 Exhibit 3rd Amnd Complaint - Gibson v. Wal-Mart, USDC Central CA)(Barnes, Thad)
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Filing 52
MOTION to Dismiss Party , Motion to Strike, and, in the Alternative, Motion to Transfer Plaintiffs' Complaint by Mane USA, Inc.. (Barnes, Thad)
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Filing 51
INITIAL SCHEDULING ORDER: Case Management Hearing set for 9/28/2023 01:30 PM in Fayetteville -- 5th flr (Rm 509) before Honorable Timothy L. Brooks. Rule 26 Meeting Report due by 9/19/2023. Signed by Honorable Timothy L. Brooks on August 14, 2023. (slc)
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Filing 50
NOTICE of Appearance by Thad Montgomery Barnes on behalf of Mane USA, Inc.. (Barnes, Thad)
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Filing 49
TEXT ONLY ORDER GRANTING #48 Motion to Appear Pro Hac Vice. THAD M. BARNES is directed to immediately register for Pro Hac Vice filer access through PACER and enter his/her appearance in this matter. Signed by Honorable Timothy L. Brooks on August 14, 2023. (slc)
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Filing 48
MOTION for Attorney Thad M. Barnes to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2820108) by Mane USA, Inc.. (Schrack, Andrew)
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Filing 47
NOTICE of Appearance by Kathryn K. Van Namen on behalf of Mane USA, Inc.. (Van Namen, Kathryn)
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Filing 46
NOTICE of Appearance by Andrew B Schrack on behalf of Mane USA, Inc.. (Schrack, Andrew)
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Filing 45
TEXT ONLY ORDER GRANTING #44 Unopposed Motion for Extension of Time for Melissa Metcalfe to Respond to Plaintiff's Complaint. NOTE: Separate Defendant Melissa Metcalfe's responsive pleading must be filed on or before SEPTEMBER 1, 2023. Signed by Honorable Timothy L. Brooks on August 10, 2023. (slc)
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Filing 44
Unopposed MOTION for Extension of Time to File Answer re #4 Complaint, by Melissa Metcalfe. (Younger, Robert)
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Filing 43
MEMORANDUM BRIEF in Support of #42 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction MOTION to Strike #4 Complaint, by Gala North America, Inc.. (O'Boyle, Arameh)
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Filing 42
MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction , MOTION to Strike #4 Complaint, by Gala North America, Inc.. (O'Boyle, Arameh)
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Filing 41
NOTICE of Appearance by Richard Nash Dodson on behalf of Earthbound Licensing, LLC, Earthbound PW LLC, Earthbound, LLC. (Dodson, Richard)
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Filing 40
***PLEASE DISREGARD FILED UNDER INCORRECT ATTORNEY***NOTICE of Appearance by Robert Edwin Dodson on behalf of Earthbound Licensing, LLC, Earthbound PW LLC, Earthbound, LLC. (Dodson, Robert) Modified on 8/7/2023 (lgd).
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Filing 39
NOTICE of Appearance by Michael Alan Holcomb on behalf of All Plaintiffs. (Holcomb, Michael)
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Filing 38
NOTICE of Appearance by Max Rubinson on behalf of All Plaintiffs. (Rubinson, Max)
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Filing 37
NOTICE of Appearance by Ashley Gowder Mitchell on behalf of All Plaintiffs. (Mitchell, Ashley)
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Filing 36
RESPONSE IN OPPOSITION TO Motion re #7 MOTION to Remand filed by Gala North America, Inc.. (Attachments: #1 Declaration Of Arameh Zargham O'Boyle In Support Of Opposition To Plaintiffs' Motion To Remand)(O'Boyle, Arameh)
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Filing 35
NOTICE of Appearance by Robert Ryan Younger on behalf of Melissa Metcalfe. (Younger, Robert)
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Filing 34
TEXT ONLY ORDER GRANTING #25 Motion to Appear Pro Hac Vice. MAX RUBINSON is directed to immediately register for Pro Hac Vice filer access through PACER and enter his/her appearance in this matter. Signed by Honorable Timothy L. Brooks on August 4, 2023. (slc)
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Filing 33
TEXT ONLY ORDER GRANTING #24 Motion to Appear Pro Hac Vice. ALAN HOLCOMB is directed to immediately register for Pro Hac Vice filer access through PACER and enter his/her appearance in this matter. Signed by Honorable Timothy L. Brooks on August 4, 2023. (slc)
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Filing 32
TEXT ONLY ORDER GRANTING #23 Motion to Appear Pro Hac Vice. ASHLEY MITCHELL is directed to immediately register for Pro Hac Vice filer access through PACER and enter his/her appearance in this matter. Signed by Honorable Timothy L. Brooks on August 4, 2023. (slc)
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Filing 31
NOTICE by Earthbound Licensing, LLC, Earthbound PW LLC, Earthbound, LLC Consent to Removal (Dodson, Robert)
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Filing 30
TEXT ONLY ORDER GRANTING #27 Motion for Extension of Time to File Responsive Pleading. Separate Defendants Consumer Testing Laboratories, Inc. and UL Verification Services, Inc. must file their responsive pleading on or before AUGUST 21, 2023. Signed by Honorable Timothy L. Brooks on August 3, 2023. (slc)
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Filing 29
NOTICE of Appearance by Jeffrey L. Singleton on behalf of Consumer Testing Laboratories, Inc., UL Verification Services, Inc.. (Singleton, Jeffrey)
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Filing 28
ANSWER to #4 Complaint, with Jury Demand by Earthbound Licensing, LLC, Earthbound PW LLC, Earthbound, LLC.(Dodson, Robert)
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Filing 27
Unopposed MOTION for Extension of Time to File Answer by Consumer Testing Laboratories, Inc., UL Verification Services, Inc.. (Browning, Michelle)
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Filing 26
NOTICE of Appearance by Michelle L. Browning on behalf of Consumer Testing Laboratories, Inc., UL Verification Services, Inc.. (Browning, Michelle)
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Filing 25
MOTION for Attorney Max Rubinson to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2814579) by Alexis Leah Freeman Gibson. (Reynolds, Bill)
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Filing 24
MOTION for Attorney Alan Holcomb to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2814571) by Alexis Leah Freeman Gibson. (Reynolds, Bill)
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Filing 23
MOTION for Attorney Ashley Mitchell to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2814552) by Alexis Leah Freeman Gibson. (Reynolds, Bill)
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Filing 22
NOTICE of Appearance by Daniel Herling on behalf of Gala North America, Inc.. (Herling, Daniel)
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Filing 21
ANSWER to #4 Complaint, Answer on Behalf of Robert Burgess d/b/a Burgess Group a/k/a Bob Burgess and Associates by Robert Burgess.(Miller, Stuart)
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Filing 20
NOTICE by Robert Burgess Consent to Removal by Defendant Robert Burgess D/B/A Burgess Group A/K/A Bob Burgess and Associates (Miller, Stuart)
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Filing 19
NOTICE of Appearance by Paige E. Adaskaveg on behalf of Gala North America, Inc.. (Adaskaveg, Paige)
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Filing 18
NOTICE of Appearance by Jacob McElroy on behalf of Robert Burgess. (McElroy, Jacob) (Main Document 18 replaced on 8/2/2023) (bjb).
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Filing 17
***DISREGARD - FILED IN ERROR*** NOTICE of Appearance by Stuart P. Miller on behalf of Robert Burgess. (Miller, Stuart) Modified on 8/2/2023 (bjb).
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Filing 16
NOTICE of Appearance by Stuart P. Miller on behalf of Robert Burgess. (Miller, Stuart) (Main Document 16 replaced on 8/2/2023) (bjb).
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Filing 15
NOTICE of Appearance by Arameh Zargham O'Boyle on behalf of Gala North America, Inc.. (O'Boyle, Arameh)
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Filing 14
TEXT ONLY ORDER GRANTING #11 Motion to Appear Pro Hac Vice. PAIGE E. ADASKAVEG is directed to immediately register for Pro Hac Vice filer access through PACER and enter his/her appearance in this matter. Signed by Honorable Timothy L. Brooks on July 27, 2023. (slc)
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Filing 13
TEXT ONLY ORDER GRANTING #10 Motion to Appear Pro Hac Vice. DANIEL J. HERLING is directed to immediately register for Pro Hac Vice filer access through PACER and enter his/her appearance in this matter. Signed by Honorable Timothy L. Brooks on July 27, 2023. (slc)
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Filing 12
TEXT ONLY ORDER GRANTING #9 Motion to Appear Pro Hac Vice. ARAMEH ZARGHAM O'BOYLE is directed to immediately register for Pro Hac Vice filer access through PACER and enter his/her appearance in this matter. Signed by Honorable Timothy L. Brooks on July 27, 2023. (slc)
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Filing 11
MOTION for Attorney Paige E. Adaskaveg to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2809723) by Gala North America, Inc.. (Watts, Peyton)
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Filing 10
MOTION for Attorney Daniel J. Herling to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2809716) by Gala North America, Inc.. (Watts, Peyton)
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Filing 9
MOTION for Attorney Arameh Zargham O'Boyle to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2809693) by Gala North America, Inc.. (Watts, Peyton)
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Filing 8
MEMORANDUM BRIEF in Support of #7 MOTION to Remand by Alexis Leah Freeman Gibson. (Reynolds, Bill)
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Filing 7
***WITHDRAWN PER TEXT ONLY ORDER 71 DATED 9/6/2023***MOTION to Remand by Alexis Leah Freeman Gibson. (Reynolds, Bill) Modified text on 9/7/2023 (lgd).
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Filing 6
Corporate Disclosure Statement by Gala North America, Inc.. (Carroll, James)
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Filing 5
Magistrate Notice/Consent Form furnished. (lgd)
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Filing 4
STATE COURT COMPLAINT with Jury Demand and summons issued against Robert Burgess, Consumer Testing Laboratories, Inc., EARTHBOUND LICENSING, LLC, EARTHBOUND PW LLC, EARTHBOUND, LLC, GALA NORTH AMERICA, INC., John Does 1 - 10, Mane USA, Inc., Melissa Metcalfe, UL VERIFICATION SERVICES, INC., filed by Alexis Leah Freeman Gibson.(lgd)
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Filing 3
DEMAND for Trial by Jury by GALA NORTH AMERICA, INC. (lgd)
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Filing 2
CIVIL COVER SHEET by GALA NORTH AMERICA, INC. (lgd)
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Filing 1
NOTICE OF REMOVAL from Benton County Circuit Court, case number 04CV-23-1831, filed by GALA NORTH AMERICA, INC. (Attachments: #1 Exhibit A STATE COURT COMPLAINT documents, #2 Exhibit B Declaration of Arameh ZARGHAM OBOYLE IN SUPPORT OF NOTICE OF REMOVAL OF ACTION(lgd)
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CLERK'S NOTICE REGARDING FILING FEE. The following document was received and filed without the appropriate filing fee: #1 Notice of Removal. You MUST pay the filing fee of $ 402.00 or file a motion to proceed In Forma Pauperis, if appropriate, within 2 business days.If the proper fees or motion are not received for case initiating documents, your case may be subject to dismissal.Present your payment to the appropriate Divisional Office or Pay Online, using the Civil -> Other Documents -> Filing Fee Submitted event. Filing Fee due by 7/19/2023 (lgd)
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Notice of Removal filing fee paid re #1 Notice of Removal, : $ 402, receipt number AARWDC-2805069.. (Carroll, James)
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