SANTANDER CONSUMER USA INC v. SANDY SANSING NISSAN INC ET AL
| SANTANDER CONSUMER USA INC |
| SANDY SANSING NISSAN INC, SANDY SANSING CHEVROLET, INC., SOUTHERN CHEVROLET INC, SANDY SANSING IMPORTS INC doing business as BMW MINI OF PENSACOLA, SANDY SANSING MILTON CHEVROLET LLC doing business as SANDY AND BUBBA'S MILTON CHEVROLET, SANDY SANSING FORD-LINCOLN LLC, SANDY SPRINGS BROOKHAVEN LLC, SANDY SANSING NISSAN HOLDING INC doing business as SANDY SANSING MAZDA and SANDY SANSING CDJR LLC |
| 3:2022cv08084 |
| June 14, 2022 |
| US District Court for the Northern District of Florida |
| Pensacola Office |
| HOPE T CANNON |
| M CASEY RODGERS |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Contract Dispute |
| None |
Docket Report
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This docket was last retrieved on August 9, 2022. A more recent docket listing may be available from PACER.
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ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #38 Report of Rule 26(f) Planning Meeting (mb)
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Filing 38
REPORT of Rule 26(f) Planning Meeting. (APATOV, JOSEPH)
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Filing 37
Corporate Disclosure Statement/Certificate of Interested Persons by SANTANDER CONSUMER USA INC identifying Corporate Parent SANTANDER CONSUMER USA INC, Other Affiliate SANTANDER CONSUMER USA HOLDINGS INC for SANTANDER CONSUMER USA INC.. (APATOV, JOSEPH)
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Filing 36
Corporate Disclosure Statement/Certificate of Interested Persons by SANDY SANSING CDJR LLC, SANDY SANSING CHEVROLET, INC., SANDY SANSING FORD-LINCOLN LLC, SANDY SANSING IMPORTS INC, SANDY SANSING MILTON CHEVROLET LLC, SANDY SANSING NISSAN HOLDING INC, SANDY SANSING NISSAN INC, SANDY SPRINGS BROOKHAVEN LLC, SOUTHERN CHEVROLET INC identifying Corporate Parent SANDY SANSING AUTOMOTIVE HOLDING, LLC for SANDY SANSING FORD-LINCOLN LLC; Corporate Parent Sandy Sansing Chevrolet Holding LLC for SANDY SANSING CHEVROLET, INC.; Corporate Parent SANDY SANSING MILTON CHEVROLET HOLDING, LLC for SANDY SANSING MILTON CHEVROLET LLC; Corporate Parent SANDY SANSING NISSAN HOLDING, INC. for SANDY SANSING NISSAN INC; Corporate Parent Sandy Sansing Cars Holding, Inc. for SANDY SANSING NISSAN HOLDING INC; Corporate Parent Sandy Sansing CDJR Holding, LLC for SANDY SANSING CDJR LLC; Corporate Parent 890 BROOKWAY, LLC for SANDY SPRINGS BROOKHAVEN LLC; Corporate Parent Sandy Sansing Imports Holding, Inc. for SANDY SANSING IMPORTS INC; Corporate Parent SERIES 9 OF SANSING HOLDINGS, LLC for SOUTHERN CHEVROLET INC.. (VAN SICKLE, RUSSELL)
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Filing 35
INITIAL SCHEDULING ORDER: Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 7/8/2022. Rule 26 Meeting Report due by 8/8/2022. Discovery due by 12/20/2022. Signed by JUDGE M CASEY RODGERS on 06/24/22. (jfj)
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Filing 34
ORDER re #33 JOINT STIPULATION FOR SUBSTITUTION OF COUNSEL. On consideration, the motion is GRANTED. Joseph A. Apatov, Amy B. Kisz and Alyssa Weiss are substituted as counsel for Plaintiff. Donald E. Hill and the law firm of Rowlett Hill Collins LLP are relieved of further obligation to represent Plaintiff in this matter. The clerk is directed to update the docket accordingly. Signed by JUDGE M CASEY RODGERS on 06/24/22. (jfj)
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ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #33 STIPULATION FOR SUBSTITUTION OF COUNSEL by SANTANDER CONSUMER USA INC., #32 NOTICE of Appearance for Defendants. (Please see proposed ISO.) (jfj)
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Filing 33
STIPULATION FOR SUBSTITUTION OF COUNSEL by SANTANDER CONSUMER USA INC. (APATOV, JOSEPH)
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Filing 32
NOTICE of Appearance by RUSSELL FRANK VAN SICKLE on behalf of SANDY SANSING CDJR LLC, SANDY SANSING CHEVROLET, INC., SANDY SANSING FORD-LINCOLN LLC, SANDY SANSING IMPORTS INC, SANDY SANSING MILTON CHEVROLET LLC, SANDY SANSING NISSAN HOLDING INC, SANDY SANSING NISSAN INC, SANDY SPRINGS BROOKHAVEN LLC, SOUTHERN CHEVROLET INC (VAN SICKLE, RUSSELL)
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Filing 31
NOTICE REGARDING ADMISSION TO PRACTICE sent to Jonathan Childers, Donald Hill, and Leo Daesu Park. Attorneys to be admitted to the bar for the NDFL. (Attachments: #1 Notice, #2 Notice) (jfj)
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Filing 30
Case transferred in from District of Texas Northern; Case Number 3:21-cv-02471. Original file certified copy of transfer order and docket sheet received.
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ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #30 Case Transferred In - District Transfer. (jfj)
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Filing 29
Order Accepting Findings and Recommendations re: #25 to the extent indicated.The court determines that the magistrate judge's findings and conclusions regarding the transfer of this case to the Northern District of Florida and deferral of any ruling on the motion to dismiss under Rule 12(b)(6) are correct, and accepts them as those of the court. The court expresses no opinion as to whether venue in the Northern District of Texas is proper or whether personal jurisdiction over Defendants in Texas is lacking because transfer of the case pursuant to 1404(a) is appropriate regardless of whether venue is proper or personal jurisdiction is lacking. Accordingly, the court overrules Plaintiff's objections #26 ; denies Plaintiff's Motion to Remand #13 ; grants Defendants' Alternative Motion to Transfer Venue Under 28 U.S.C. 1404(a) #10 without ruling on Defendants Rule 12(b)(6) Motion to Dismiss #10 ; and, pursuant to 1404(a), transfers this action to the Northern District of Florida for the convenience of the parties and in the interest of justice. The clerk of the court shall effect the transfer in accordance with normal procedure. (Ordered by Judge Sam A. Lindsay on 6/13/2022) (chmb) [Transferred from Texas Northern on 6/14/2022.]
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Filing 28
ADDITIONAL ATTACHMENTS (Proposed Pretrial Order) re: #28 Response and Objection, by Sandy Sansing CDJR LLC, Sandy Sansing Chevrolet Inc, Sandy Sansing Ford-Lincoln LLC, Sandy Sansing Imports Inc, Sandy Sansing Milton Chevrolet LLC, Sandy Sansing Nissan Holding Inc, Sandy Sansing Nissan Inc, Sandy Springs Brookhaven LLC, Southern Chevrolet Inc. (Childers, Jonathan) Modified text and linkage on 6/13/2022 (mjr). [Transferred from Texas Northern on 6/14/2022.]
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Filing 27
RESPONSE AND OBJECTION filed by Sandy Sansing CDJR LLC, Sandy Sansing Chevrolet Inc, Sandy Sansing Ford-Lincoln LLC, Sandy Sansing Imports Inc, Sandy Sansing Milton Chevrolet LLC, Sandy Sansing Nissan Holding Inc, Sandy Sansing Nissan Inc, Sandy Springs Brookhaven LLC, Southern Chevrolet Inc re: #26 Objection to Findings and Recommendations (Childers, Jonathan) [Transferred from Texas Northern on 6/14/2022.]
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Filing 26
OBJECTION to #25 Findings and Recommendations . (Hill, Donald) [Transferred from Texas Northern on 6/14/2022.]
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Filing 25
FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Court should DENY Plaintiff Santander's Motion to Remand to State Court [Dkt. No. #13 ]; GRANT Defendants' Alternative Motion to Transfer Venue under 28 U.S.C. 1404(a) [Dkt. No. #10 ] and ORDER that this case be transferred to the Northern District of Florida for the convenience of the parties and in the interest of justice; DENY as moot Defendants Alternative 12(b)(3) Motion to Dismiss for Improper Venue [Dkt. No. #10 ]; and DENY Defendants Alternative 12(b)(2) Motion to Dismiss for Lack of Personal Jurisdiction [Dkt. No. #10 ]; and leave pending on transfer Defendants Alternative 12(b)(6) Motion to Dismiss for Failure to State a Claim [Dkt. No. #10 ]. (Ordered by Magistrate Judge David L. Horan on 5/13/2022) (mcrd) [Transferred from Texas Northern on 6/14/2022.]
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Filing 24
OBJECTION and REPLY filed by Santander Consumer USA Inc re: #13 MOTION to Remand to State Court (Hill, Donald) Modified text on 12/14/2021 (jmg). [Transferred from Texas Northern on 6/14/2022.]
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Filing 23
Appendix in Support filed by Sandy Sansing CDJR LLC, Sandy Sansing Chevrolet Inc, Sandy Sansing Ford-Lincoln LLC, Sandy Sansing Imports Inc, Sandy Sansing Milton Chevrolet LLC, Sandy Sansing Nissan Holding Inc, Sandy Sansing Nissan Inc, Sandy Springs Brookhaven LLC, Southern Chevrolet Inc re #22 Response/Objection, to Plaintiff's Motion for Remand, and Motion for Leave to Amend Notice of Removal and Brief in Support (Childers, Jonathan) [Transferred from Texas Northern on 6/14/2022.]
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Filing 22
RESPONSE AND OBJECTION filed by Sandy Sansing CDJR LLC, Sandy Sansing Chevrolet Inc, Sandy Sansing Ford-Lincoln LLC, Sandy Sansing Imports Inc, Sandy Sansing Milton Chevrolet LLC, Sandy Sansing Nissan Holding Inc, Sandy Sansing Nissan Inc, Sandy Springs Brookhaven LLC, Southern Chevrolet Inc re: #13 MOTION to Remand to State Court (Attachments: #1 Proposed Order) (Childers, Jonathan) [Transferred from Texas Northern on 6/14/2022.]
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Filing 21
REPLY filed by Sandy Sansing CDJR LLC, Sandy Sansing Chevrolet Inc, Sandy Sansing Ford-Lincoln LLC, Sandy Sansing Imports Inc, Sandy Sansing Milton Chevrolet LLC, Sandy Sansing Nissan Holding Inc, Sandy Sansing Nissan Inc, Sandy Springs Brookhaven LLC, Southern Chevrolet Inc re: #10 Motion to Dismiss/Transfer for Lack of Personal Jurisdiction and Rule 12(b)(6) Motion to Dismiss (Childers, Jonathan) [Transferred from Texas Northern on 6/14/2022.]
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Filing 20
ELECTRONIC ORDER: After carefully considering the parties' briefing, the Court denies #15 Plaintiff's Opposed Motion for Extension of Briefing Deadlines for All Parties on Defendants' Motion to Dismiss or Transfer for Lack of Personal Jurisdiction and 12(b)(6) Motion to Dismiss Pending Briefing and Ruling on Plaintiffs Motion for Remand and determines that #10 Defendants' Motion to Dismiss and to Transfer and #13 Plaintiff's Motion to Remand should -- for essentially the efficiency-based reasons that Defendants explain in #16 their opposition (without adopting Defendants' stated views on the merits of the Motion for Remand) -- be briefed concurrently as contemplated by the Federal Rules of Civil Procedure and the Local Civil Rules. But, insofar as Plaintiff may wish to file a supplemental or amended response to #10 Defendants' Motion to Dismiss, the Court grants, without opposition, Plaintiff an extension to and including Tuesday, November 16, 2021 to file its response to #10 Defendants' Motion to Dismiss. (Ordered by Magistrate Judge David L. Horan on 11/15/2021.) [Transferred from Texas Northern on 6/14/2022.]
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Filing 19
ORDER OF REFERENCE re: #13 MOTION to Remand to State Court , #10 Motion to Dismiss/Transfer for Lack of Personal Jurisdiction and Rule 12(b)(6), Motion to Dismiss, #15 MOTION for Extension of Time to File Response/Reply. Motion(s) referred to Magistrate Judge David L. Horan. (Ordered by Judge Sam A. Lindsay on 11/12/2021) (ygl) [Transferred from Texas Northern on 6/14/2022.]
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Filing 18
Appendix in Support filed by Santander Consumer USA Inc re #17 Response/Objection. (Hill, Donald) [Transferred from Texas Northern on 6/14/2022.]
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Filing 17
RESPONSE filed by Santander Consumer USA Inc re: #10 Motion to Dismiss/Transfer for Lack of Personal Jurisdiction and Rule 12(b)(6) Motion to Dismiss. (Attachments: #1 Proposed Order) (Hill, Donald) Modified text on 11/12/2021 (jmg). [Transferred from Texas Northern on 6/14/2022.]
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Filing 16
RESPONSE filed by Sandy Sansing CDJR LLC, Sandy Sansing Chevrolet Inc, Sandy Sansing Ford-Lincoln LLC, Sandy Sansing Imports Inc, Sandy Sansing Milton Chevrolet LLC, Sandy Sansing Nissan Holding Inc, Sandy Sansing Nissan Inc, Sandy Springs Brookhaven LLC, Southern Chevrolet Inc re: #15 MOTION for Extension of Time to File Response/Reply to #10 Motion to Dismiss for Lack of Personal Jurisdiction and Improper Venue, Motion to Transfer Venue and Motion to Dismiss for Failure to State a Claim (Attachments: #1 Proposed Order) (Childers, Jonathan) [Transferred from Texas Northern on 6/14/2022.]
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Filing 15
MOTION for Extension of Time to File Response/Reply to #10 Motion to Dismiss for Lack of Personal Jurisdiction and Improper Venue, Motion to Transfer Venue and Motion to Dismiss for Failure to State a Claim filed by Santander Consumer USA Inc with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Hill, Donald) [Transferred from Texas Northern on 6/14/2022.]
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Filing 14
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Santander Consumer USA Inc identifying Corporate Parent/Other Affiliate Santander Consumer USA Holdings Inc for Santander Consumer USA Inc. (Hill, Donald) [Transferred from Texas Northern on 6/14/2022.]
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Filing 13
MOTION to Remand to State Court filed by Santander Consumer USA Inc. (Attachments: #1 Proposed Order Proposed Order Granting Motion to Remand) (Hill, Donald) [Transferred from Texas Northern on 6/14/2022.]
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Filing 12
Appendix in Support filed by Sandy Sansing CDJR LLC, Sandy Sansing Chevrolet Inc, Sandy Sansing Ford-Lincoln LLC, Sandy Sansing Imports Inc, Sandy Sansing Milton Chevrolet LLC, Sandy Sansing Nissan Holding Inc, Sandy Sansing Nissan Inc, Sandy Springs Brookhaven LLC, Southern Chevrolet Inc re #11 Brief/Memorandum in Support of Motion. (Childers, Jonathan) Modified text on 10/20/2021 (mjr). [Transferred from Texas Northern on 6/14/2022.]
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Filing 11
Brief/Memorandum in Support filed by Sandy Sansing CDJR LLC, Sandy Sansing Chevrolet Inc, Sandy Sansing Ford-Lincoln LLC, Sandy Sansing Imports Inc, Sandy Sansing Milton Chevrolet LLC, Sandy Sansing Nissan Holding Inc, Sandy Sansing Nissan Inc, Sandy Springs Brookhaven LLC, Southern Chevrolet Inc re #10 Motion to Dismiss for Lack of Personal Jurisdiction and Improper Venue, Motion to Transfer Venue and Motion to Dismiss for Failure to State a Claim. (Childers, Jonathan) Modified text on 10/20/2021 (mjr). [Transferred from Texas Northern on 6/14/2022.]
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Filing 10
Motion to Dismiss/Transfer for Lack of Personal Jurisdiction and Rule 12(b)(6) Motion to Dismiss filed by Sandy Sansing CDJR LLC, Sandy Sansing Chevrolet Inc, Sandy Sansing Ford-Lincoln LLC, Sandy Sansing Imports Inc, Sandy Sansing Milton Chevrolet LLC, Sandy Sansing Nissan Holding Inc, Sandy Sansing Nissan Inc, Sandy Springs Brookhaven LLC, Southern Chevrolet Inc. (Attachments: #1 Proposed Order) (Childers, Jonathan) Modified text on 10/20/2021 (mjr). [Transferred from Texas Northern on 6/14/2022.]
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Filing 9
ORDER: granting #7 Defendants' Motion to Extend. Defendants' deadline to file an answer or otherwise respond to Plaintiffs Original Petition is extended to October 19, 2021. (Ordered by Judge Sam A. Lindsay on 10/14/2021) (chmb) [Transferred from Texas Northern on 6/14/2022.]
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Filing 8
Appendix in Support filed by Sandy Sansing CDJR LLC, Sandy Sansing Chevrolet Inc, Sandy Sansing Ford-Lincoln LLC, Sandy Sansing Imports Inc, Sandy Sansing Milton Chevrolet LLC, Sandy Sansing Nissan Holding Inc, Sandy Sansing Nissan Inc, Sandy Springs Brookhaven LLC, Southern Chevrolet Inc re #7 Motion for Extension of Time to File Answer (Childers, Jonathan) [Transferred from Texas Northern on 6/14/2022.]
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Filing 7
Motion for Extension of Time to File Answer filed by Sandy Sansing CDJR LLC, Sandy Sansing Chevrolet Inc, Sandy Sansing Ford-Lincoln LLC, Sandy Sansing Imports Inc, Sandy Sansing Milton Chevrolet LLC, Sandy Sansing Nissan Holding Inc, Sandy Sansing Nissan Inc, Sandy Springs Brookhaven LLC, Southern Chevrolet Inc (Attachments: #1 Proposed Order) (Childers, Jonathan) [Transferred from Texas Northern on 6/14/2022.]
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Filing 6
New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (ygl) [Transferred from Texas Northern on 6/14/2022.]
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Filing 5
Court Request for Recusal: Chief Judge Barbara M. G. Lynn recused. Pursuant to instruction in Special Order 3-249, the Clerk has reassigned the case to Judge Sam A. Lindsay for all further proceedings. Future filings should indicate the case number as: 3:21-cv-02471-L. (twd) [Transferred from Texas Northern on 6/14/2022.]
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Filing 4
Supplemental Document (Supplemental Civil Cover Sheet) by SANDY SANSING CDJR, LLC, SANDY SANSING CHEVROLET, INC., SANDY SANSING FORD-LINCOLN, LLC, SANDY SANSING IMPORTS, INC. DBA BMW MINI OF PENSACOLA, SANDY SANSING MILTON CHEVROLET, LLC DBA SANDY AND BUBBA'S MILTON CHEVROLET, SANDY SANSING NISSAN HOLDING, INC. DBA SANDY SANSING MAZDA, SANDY SANSING NISSAN, INC., SANDY SPRINGS BROOKHAVEN, LLC, SOUTHERN CHEVROLET, INC. Supplemental Civil Cover Sheet. (Childers, Jonathan) (Main Document 4 replaced with flattened PDF on 10/8/2021) (ygl). [Transferred from Texas Northern on 6/14/2022.]
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Filing 3
Supplemental Document (Cover Sheet) by SANDY SANSING CDJR, LLC, SANDY SANSING CHEVROLET, INC., SANDY SANSING FORD-LINCOLN, LLC, SANDY SANSING IMPORTS, INC. DBA BMW MINI OF PENSACOLA, SANDY SANSING MILTON CHEVROLET, LLC DBA SANDY AND BUBBA'S MILTON CHEVROLET, SANDY SANSING NISSAN HOLDING, INC. DBA SANDY SANSING MAZDA, SANDY SANSING NISSAN, INC., SANDY SPRINGS BROOKHAVEN, LLC, SOUTHERN CHEVROLET, INC. Civil Cover Sheet. (Childers, Jonathan) Modified text on 10/8/2021 (ygl). [Transferred from Texas Northern on 6/14/2022.]
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Filing 2
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by SANDY SANSING CDJR, LLC, SANDY SANSING CHEVROLET, INC., SANDY SANSING FORD-LINCOLN, LLC, SANDY SANSING IMPORTS, INC. DBA BMW MINI OF PENSACOLA, SANDY SANSING MILTON CHEVROLET, LLC DBA SANDY AND BUBBA'S MILTON CHEVROLET, SANDY SANSING NISSAN HOLDING, INC. DBA SANDY SANSING MAZDA, SANDY SANSING NISSAN, INC., SANDY SPRINGS BROOKHAVEN, LLC, SOUTHERN CHEVROLET, INC.. (Childers, Jonathan) [Transferred from Texas Northern on 6/14/2022.]
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Filing 1
NOTICE OF REMOVAL filed by SANDY SANSING CHEVROLET, INC., SANDY SANSING CDJR, LLC, SANDY SPRINGS BROOKHAVEN, LLC, SANDY SANSING NISSAN, INC., SOUTHERN CHEVROLET, INC., SANDY SANSING IMPORTS, INC. DBA BMW MINI OF PENSACOLA, SANDY SANSING MILTON CHEVROLET, LLC DBA SANDY AND BUBBA'S MILTON CHEVROLET, SANDY SANSING FORD-LINCOLN, LLC, SANDY SANSING NISSAN HOLDING, INC. DBA SANDY SANSING MAZDA. (Filing fee $402; receipt number 0539-12286137) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific 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) Appendix and Rule 81.1(a)4(A) Index) (Childers, Jonathan) [Transferred from Texas Northern on 6/14/2022.]
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