NITROcrete LLC v. Nelson et al
| NITROcrete LLC |
| Drew Raymond Nelson, Mark Edward Nelson and Nitro Founders II, LLC |
| Mark Edward Nelson, Nitro Founders II, LLC and Drew Raymond Nelson |
| NITROcrete LLC |
| Drew Raymond Nelson |
| Kevin Matthews |
| 1:2025cv03590 |
| November 10, 2025 |
| U.S. District Court for the District of Colorado |
| Timothy P O'Hara |
| Regina M Rodriguez |
| Defend Trade Secrets Act (of 2016) |
| 18 U.S.C. § 1836 (b) Civil Action to Protect Trade Secrets |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 1, 2026. A more recent docket listing may be available from PACER.
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| Filing 49 NOTICE of Entry of Appearance by Briana Diane Long on behalf of NITROcrete LLCAttorney Briana Diane Long added to party NITROcrete LLC(pty:pla) (Long, Briana) |
| Filing 48 ANSWER/REPLY to #45 Answer to Complaint, Counterclaim, #44 Answer to Complaint, Counterclaim , ANSWER/REPLY to #45 Answer to Complaint, Counterclaim, #44 Answer to Complaint, Counterclaim by NITROcrete LLC.(Houdek, Jason) |
| Filing 47 THIRD PARTY COMPLAINT against Kevin Matthews, filed by Drew Raymond Nelson.(Gray, James) |
| Filing 46 NOTICE re #45 Answer to Complaint, Counterclaim, #44 Answer to Complaint, Counterclaim of Errata by Counter Claimants Drew Raymond Nelson, Drew Raymond Nelson, Mark Edward Nelson, Mark Edward Nelson, Nitro Founders II, LLC, Nitro Founders II, LLC, Defendants Drew Raymond Nelson, Mark Edward Nelson, Nitro Founders II, LLC (Gray, James) |
| Filing 45 Corrected ANSWER to #1 Complaint , COUNTERCLAIM against NITROcrete LLC by Mark Edward Nelson, Nitro Founders II, LLC, Drew Raymond Nelson.(Gray, James) |
| Filing 44 ANSWER to #1 Complaint , COUNTERCLAIM against NITROcrete LLC by Mark Edward Nelson, Nitro Founders II, LLC, Drew Raymond Nelson.(Gray, James) |
Filing 43
MINUTE ORDER. For good cause shown and noting that it is unopposed, Defendants' Motion for Extension of Time [ECF #41 ] is granted. The deadline for Defendants to answer or otherwise respond to Plaintiff's complaint is extended to April 8, 2026. By Magistrate Judge Timothy P. O'Hara on 3/20/2026.(ggill, )
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Filing 42
ORDER REFERRING MOTION: #41 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond filed by Nitro Founders II, LLC, Mark Edward Nelson, Drew Raymond Nelson.Motion referred to Magistrate Judge Timothy P O'Hara by Judge Regina M. Rodriguez on 3/19/2026. Text Only Entry (rmrja)
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| Filing 41 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond by Defendants Drew Raymond Nelson, Mark Edward Nelson, Nitro Founders II, LLC. (Gray, James) |
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Filing 40
ORDER ADOPTING MAGISTRATE JUDGE'S RECOMMENDATION [ECF No. #36 ]. 1) The Recommendation of the United States Magistrate Judge (ECF No. #36 ) is ACCEPTED and ADOPTED; and 2) Defendants' Motion to Dismiss (ECF No. #9 ) is DENIED. SO ORDERED by Judge Regina M. Rodriguez on 3/11/2026.(ccuen, )
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Filing 39
MINUTE ORDER. For good cause shown, the Parties Joint Motion for Continuance of the Scheduling Conference [ECF #37 ] is granted. The Fed. R. Civ. P. 16(b) Scheduling Conference is RESET to May 20, 2026 at 9:30 a.m. (Mountain Time) in Courtroom C-402, on the fourth floor of the Byron G. Rogers United States Courthouse located at 1929 Stout Street, Denver, Colorado, 80294. No later than seven days before the Scheduling Conference, the Parties shall (1) file their Proposed Scheduling Order onto the case docket sheet and (2) submit the proposed Scheduling Order in Word format by joint email, copying all Parties, to Chambers at #o'[email protected]. By Magistrate Judge Timothy P. O'Hara on 3/6/2026.(ggill, )
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Filing 38
ORDER REFERRING MOTION: #37 Joint MOTION to Continue Rule 19 Scheduling Conference filed by NITROcrete LLC. Motion referred to Magistrate Judge Timothy P O'Hara by Judge Regina M. Rodriguez on 3/5/2026. Text Only Entry (rmrja)
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| Filing 37 Joint MOTION to Continue Rule 19 Scheduling Conference by Plaintiff NITROcrete LLC. (Houdek, Jason) |
| Filing 36 RECOMMENDATION. Accordingly, the Court respectfully recommends that the Motion to Dismiss [ECF #9 ] as to Defendants' remaining Rule 12(b)(6) argument be denied. By Magistrate Judge Timothy P. O'Hara on 2/24/2026. (ggill, ) |
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Filing 35
ORDER REFERRING MOTION: #9 MOTION to Dismiss for Lack of Jurisdiction filed by Nitro Founders II, LLC, Mark Edward Nelson, Drew Raymond Nelson. Motion referred to Magistrate Judge Timothy P O'Hara by Judge Regina M. Rodriguez on 12/18/2025. Text Only Entry (rmrja)
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Filing 34
ORDER REFERRING CASE to Magistrate Judge Timothy P. O'Hara. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of Local Civ. R. 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. SO ORDERED by Judge Regina M. Rodriguez on 12/18/2025. Text Only Entry (rmrja)
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Filing 33
MINUTE ORDER. Pursuant to the Election Concerning Consent/Non-Consent form [ECF #32 ] filed by the Parties expressing non-consent under D.C.COLO.LCivR 40.1(c), the Court directs the Clerk of the Court to reassign this case under D.C.COLO.LCivR 40.1(a). This Court may continue on the case to hear matters referred by the district judge under 28 U.S.C. 636(b), Fed. R. Civ. P. 72, and D.C.COLO.LCivR 72.1(c). By Magistrate Judge Timothy P. O'Hara on 12/18/2025. (Case randomly reassigned to Judge Regina M. Rodriguez and drawn to Magistrate Judge Timothy P. O'Hara for all further proceedings. All future pleadings shall be designated to 25-cv-03590-RMR). (ggill, )
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| Filing 32 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff NITROcrete LLC All parties do not consent.. (Houdek, Jason) |
| Filing 31 NOTICE of Entry of Appearance on Behalf of Defendants by James Lee Gray on behalf of All Defendants Attorney James Lee Gray added to party Drew Raymond Nelson(pty:dft), Attorney James Lee Gray added to party Mark Edward Nelson(pty:dft), Attorney James Lee Gray added to party Nitro Founders II, LLC(pty:dft) (Gray, James) |
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Filing 30
MINUTE ORDER. The above captioned case has been directly assigned to Magistrate Judge OHara pursuant to D.C.COLO.LCivR 40.1. The Parties shall complete and file the Magistrate Judge Consent Form [ECF #28 ] on or before December 19, 2025. Forthwith upon receipt, counsel for Plaintiff shall send a copy of this Minute Order to Defendants' counsel. Defendants' counsel then shall file a Notice of Appearance in this civil action. The Court will hold the Fed. R. Civ. P. 16(b) Scheduling Conference on March 19, 2026 at 11:30 a.m. in Courtroom C-402, on the fourth floor of the Byron G. Rogers United States Courthouse located at 1929 Stout Street, Denver, Colorado, 80294. It will be an in-person proceeding. No later than seven days before the Scheduling Conference, the Parties shall (1) file their Proposed Scheduling Order onto the case docket sheet and (2) submit the proposed Scheduling Order in Word format by joint email, copying all Parties, to Chambers at #o'[email protected]. By Magistrate Judge Timothy P O'Hara on 11/24/2025. (amona,)
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| Filing 29 NOTICE of Entry of Appearance by Jason A. Houdek on behalf of NITROcrete LLCAttorney Jason A. Houdek added to party NITROcrete LLC(pty:pla) (Houdek, Jason) |
| Filing 28 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (eguth, ) |
| Filing 27 Case assigned to Magistrate Judge Timothy P O'Hara. Text Only Entry (eguth, ) |
| Filing 26 FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawals of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (Text Only Entry) (eguth, ) |
| Filing 25 Case transferred in from District of Texas Western; Case Number 1:25-cv-00198. File, transfer order and docket sheet received |
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Filing 24
ORDER, IT IS ORDERED that this case is TRANSFERRED to the United States District Court for the District of Colorado, Denver Division pursuant to 28 U.S.C. 1404(a). IT IS FURTHER ORDERED that Defendants' Motion to Dismiss, (Dkt. #9 ), is DENIED IN PART AS MOOT, such that the only remaining argument by Defendants is that Plaintiff's claims should be dismissed under Federal Rule of Civil Procedure 12(b)(6). Signed by Judge Robert Pitman. (pg) [Transferred from Texas Western on 11/10/2025.]
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| Filing 23 RESPONSE in Support, filed by Drew Raymond Nelson, Mark Edward Nelson, Nitro Founders II, LLC, re #9 MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Nitro Founders II, LLC, Defendant Mark Edward Nelson, Defendant Drew Raymond Nelson (Ray, James) [Transferred from Texas Western on 11/10/2025.] |
| Filing 22 Unopposed MOTION for Extension of Time to File Response/Reply as to #21 Memorandum in Opposition to Motion, by Drew Raymond Nelson, Mark Edward Nelson, Nitro Founders II, LLC. (Attachments: #1 Proposed Order Proposed Order)(Ray, James) [Transferred from Texas Western on 11/10/2025.] |
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Text Order GRANTING #22 Unopposed Motion for Extension of Time to File Reply entered by Judge Robert Pitman. IT IS ORDERED that Defendant shall file its reply on or before July 22, 2025. (This is a text-only entry generated by the court. There is no document associated with this entry.) (qtlc) [Transferred from Texas Western on 11/10/2025.]
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| Filing 21 Memorandum in Opposition to Motion, filed by NITROcrete LLC, re #9 MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Nitro Founders II, LLC, Defendant Mark Edward Nelson, Defendant Drew Raymond Nelson (Attachments: #1 Exhibit Exhibit A to Plaintiff's Opposition to Defendants' Motion to Dismiss)(Houdek, Jason) [Transferred from Texas Western on 11/10/2025.] |
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Filing 20
ORDER, IT IS ORDERED that Plaintiff shall respond to the motion to dismiss on or before July 8, 2025. IT IS FURTHER ORDERED that Defendants shall file their reply in support of the motion to dismiss on or before July 15, 2025. Signed by Judge Robert Pitman. (pg) [Transferred from Texas Western on 11/10/2025.]
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Filing 19
ORDER, the Court ORDERS that the hearing set for June 18, 2025 is CANCELED, Defendants' Motion to Stay Discovery Pending Their Motion to Dismiss (Dkt. #10 ) is GRANTED as unopposed, and all discovery in this case is STAYED pending further order of the Court. The Court FURTHER ORDERS the Clerk to remove this case from this Magistrate Judge's docket and return it to the docket of the Honorable Robert Pitman. Signed by Judge Susan Hightower. (pg) [Transferred from Texas Western on 11/10/2025.]
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Text Order GRANTING #18 Motion entered by Judge Robert Pitman. IT IS ORDERED that Defendants' motion to dismiss is partially withdrawn, specifically, Defendants' arguments that the Court lacks personal jurisdiction over them. IT IS FURTHER ORDERED that Plaintiff's motion for jurisdictional discovery, (Dkt. 12), is MOOT. (This is a text-only entry generated by the court. There is no document associated with this entry.) (qtlc) [Transferred from Texas Western on 11/10/2025.]
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| Filing 18 Unopposed MOTION for Leave to Partially Withdraw Their Motion to Dismiss re #9 MOTION to Dismiss for Lack of Jurisdiction by Drew Raymond Nelson, Mark Edward Nelson, Nitro Founders II, LLC. (Ray, James) [Transferred from Texas Western on 11/10/2025.] |
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Filing 17
ORDER Setting Hearing on #10 MOTION to Stay Case, #12 MOTION Plaintiff's Opposed Motion for Leave to take Limited Jurisdictional Discovery and Unopposed Motion for Extension of Time to Respond to Defendants Motion to Dismiss: Motions Hearing set for 6/18/2025 10:00 AM before Judge Susan Hightower. Signed by Judge Susan Hightower. (pg) [Transferred from Texas Western on 11/10/2025.]
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| MOTION REFERRED: referred #12 MOTION Plaintiffs Opposed Motion for Leave to take Limited Jurisdictional Discovery and Unopposed Motion for Extension of Time to Respond to Defendants Motion to Dismiss, #10 MOTION to Stay Case . Referral Judge: Susan Hightower. (pg) [Transferred from Texas Western on 11/10/2025.] |
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Text Order REFERRING #12 Motion to Take Jurisdictional Discovery entered by Judge Robert Pitman. IT IS ORDERED that Plaintiff's Motion to Take Jurisdictional Discovery, (Dkt. 12), is REFERRED to United States Magistrate Judge Susan Hightower for disposition pursuant to 28 U.S.C. 636(b)(1)(A), Federal Rule of Civil Procedure 72, and Rule 1(c) of Appendix C of the Local Rules of the United States District Court for the Western District of Texas. (This is a text-only entry generated by the court. There is no document associated with this entry.). (qtlc) [Transferred from Texas Western on 11/10/2025.]
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Text Order REFERRING #10 Motion to Stay Case entered by Judge Robert Pitman. IT IS ORDERED that Defendant's Motion to Stay Case, (Dkt. 10), is REFERRED to United States Magistrate Judge Susan Hightower for disposition pursuant to 28 U.S.C. 636(b)(1)(A), Federal Rule of Civil Procedure 72, and Rule 1(c) of Appendix C of the Local Rules of the United States District Court for the Western District of Texas. (This is a text-only entry generated by the court. There is no document associated with this entry.).(qtlc) [Transferred from Texas Western on 11/10/2025.]
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| Filing 16 REPLY to Response to Motion, filed by NITROcrete LLC, re #12 MOTION Plaintiffs Opposed Motion for Leave to take Limited Jurisdictional Discovery and Unopposed Motion for Extension of Time to Respond to Defendants Motion to Dismiss filed by Plaintiff NITROcrete LLC (Houdek, Jason) [Transferred from Texas Western on 11/10/2025.] |
| Filing 15 REPLY to Response to Motion, filed by Drew Raymond Nelson, Mark Edward Nelson, Nitro Founders II, LLC, re #10 MOTION to Stay Case filed by Defendant Nitro Founders II, LLC, Defendant Mark Edward Nelson, Defendant Drew Raymond Nelson (Ray, James) [Transferred from Texas Western on 11/10/2025.] |
| Filing 14 Response in Opposition to Motion, filed by Drew Raymond Nelson, Mark Edward Nelson, Nitro Founders II, LLC, re #12 MOTION Plaintiffs Opposed Motion for Leave to take Limited Jurisdictional Discovery and Unopposed Motion for Extension of Time to Respond to Defendants Motion to Dismiss filed by Plaintiff NITROcrete LLC (Ray, James) [Transferred from Texas Western on 11/10/2025.] |
| Filing 13 Unopposed MOTION for Extension of Time to File Response/Reply as to #9 MOTION to Dismiss for Lack of Jurisdiction by NITROcrete LLC. (Attachments: #1 Proposed Order)(Williams, Tara) [Transferred from Texas Western on 11/10/2025.] |
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Text Order GRANTING #13 Unopposed Motion for Extension of Time to File Response entered by Judge Robert Pitman. IT IS ORDERED that Plaintiff's deadline to respond to the motion to dismiss is extended to a time to be set forth by the Court after the Court rules on the pending discovery related motions, (Dkts. 10, 12). (This is a text-only entry generated by the court. There is no document associated with this entry.) (qtlc) [Transferred from Texas Western on 11/10/2025.]
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| Filing 12 MOTION Plaintiffs Opposed Motion for Leave to take Limited Jurisdictional Discovery and Unopposed Motion for Extension of Time to Respond to Defendants Motion to Dismiss by NITROcrete LLC. (Attachments: #1 Proposed Order)(Williams, Tara) [Transferred from Texas Western on 11/10/2025.] |
| DEFICIENCY NOTICE: re #11 Response in Opposition to Motion. Pursuant to this District's Administrative Policies and Procedures for Electronic Filing Section 3g, each filing must consist of only one pleading. Your document contains a Response and a Motion. Please re-file your Motion as separate document with a Proposed Order filed as an attachment. Thank you. (pg) [Transferred from Texas Western on 11/10/2025.] |
| Filing 11 Response in Opposition to Motion, filed by NITROcrete LLC, re #10 MOTION to Stay Case filed by Defendant Nitro Founders II, LLC, Defendant Mark Edward Nelson, Defendant Drew Raymond Nelson (Houdek, Jason) [Transferred from Texas Western on 11/10/2025.] |
| Filing 10 MOTION to Stay Case by Drew Raymond Nelson, Mark Edward Nelson, Nitro Founders II, LLC. (Ray, James) [Transferred from Texas Western on 11/10/2025.] |
| Filing 9 MOTION to Dismiss for Lack of Jurisdiction by Drew Raymond Nelson, Mark Edward Nelson, Nitro Founders II, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Ray, James) [Transferred from Texas Western on 11/10/2025.] |
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Filing 8
ORDER GRANTING #6 Motion to Appear Pro Hac Vice for Attorney Jason A. Houdek for NITROcrete LLC. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center. Signed by Judge Robert Pitman. (pg) [Transferred from Texas Western on 11/10/2025.]
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| Filing 7 WAIVER OF SERVICE Returned Executed by NITROcrete LLC as to Drew Raymond Nelson. Waiver sent on 2/14/2025, answer due 4/15/2025; Mark Edward Nelson. Waiver sent on 2/14/2025, answer due 4/15/2025; Nitro Founders II, LLC. Waiver sent on 2/14/2025, answer due 4/15/2025. (Williams, Tara) [Transferred from Texas Western on 11/10/2025.] |
| Filing 6 MOTION to Appear Pro Hac Vice by Tara M. Williams for Jason A. Houdek ( Filing fee $ 100 receipt number ATXWDC-19795685) by on behalf of NITROcrete LLC. (Williams, Tara) [Transferred from Texas Western on 11/10/2025.] |
| Filing 5 JS44 (Civil Cover Sheet) submitted by NITROcrete LLC. (Williams, Tara) [Transferred from Texas Western on 11/10/2025.] |
| Filing 4 Pro Hac Vice Letter to Jason A. Houdek. (kp) [Transferred from Texas Western on 11/10/2025.] |
| Filing 3 DEFICIENCY NOTICE: re #1 Complaint: The Complaint you filed is deficient because the JS44 is not attached. This form can be located on our website. Please prepare and electronically submit the JS44 using the event located at Civil Events - Other Filings - Other Documents - JS44. This form is required for civil cases filed in the Western District of Texas. (kp) [Transferred from Texas Western on 11/10/2025.] |
| Case assigned to Judge Robert Pitman. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (kp) [Transferred from Texas Western on 11/10/2025.] |
| DEMAND for Trial by Jury by NITROcrete LLC. (kp) [Transferred from Texas Western on 11/10/2025.] |
| If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Susan Hightower. (kp) [Transferred from Texas Western on 11/10/2025.] |
| Filing 2 RULE 7 DISCLOSURE STATEMENT filed by NITROcrete LLC. (Williams, Tara) [Transferred from Texas Western on 11/10/2025.] |
| Filing 1 COMPLAINT ( Filing fee $ 405 receipt number ATXWDC-19786913), filed by NITROcrete LLC.(Williams, Tara) [Transferred from Texas Western on 11/10/2025.] |
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