Schwieterman v. Caterpillar Inc.
Romey Schwieterman |
Caterpillar Inc. |
Yancey Bros. Co. |
1:2020cv02611 |
June 19, 2020 |
US District Court for the Northern District of Georgia |
Steve C Jones |
Contract: Other |
28 U.S.C. § 1332 Diversity-Breach of Contract |
Plaintiff |
Docket Report
This docket was last retrieved on April 28, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 86 ORDER DISMISSING this action without prejudice to the right, upon good cause shown within sixty (60) days to reopen the action if settlement is not consummated. The Clerk is DIRECTED to ADMINISTRATIVELY TERMINATE this action. If this matter is not reopened by the parties within sixty (60) days it will be deemed to have been dismissed with prejudice. Signed by Judge Steve C. Jones on 04/28/2023. (ddm) |
ORDER granting #84 and #85 Motions for Extension of Time to File Response re: #82 MOTION for Reconsideration re #78 Order on Motion for Summary Judgment. Entered by Judge Steve C. Jones on 4/28/2023. (pdw) |
Civil Case Terminated. Magistrate Judge Catherine M. Salinas terminated from case. (ddm) |
DOCKET ORDER denying #83 Motion for Oral Argument. Entered by Judge Steve C. Jones on 4/28/2023. (pdw) |
Filing 85 Consent MOTION for Extension of Time to File Response re: #82 MOTION for Reconsideration re #78 Order on Motion for Summary Judgment,, by Romey Schwieterman. (Attachments: #1 Text of Proposed Order)(Jones, Carlton) |
Filing 84 Consent MOTION for Extension of Time to File Response re: #82 MOTION for Reconsideration re #78 Order on Motion for Summary Judgment,, by Romey Schwieterman. (Attachments: #1 Text of Proposed Order)(Jones, Carlton) |
Filing 83 MOTION for Oral Argument re #82 MOTION for Reconsideration re #78 Order on Motion for Summary Judgment,, by Caterpillar Inc.. (Farley, Peter) |
Filing 82 MOTION for Reconsideration re #78 Order on Motion for Summary Judgment,, with Brief In Support by Caterpillar Inc.. (Attachments: #1 Brief)(Farley, Peter) |
Filing 81 Order setting case for a video-conference mediation. This Order contains important information including dates and times for pre-mediation telephone conferences with Judge Salinas and deadlines for submitting written mediation statements. The parties are ORDERED to read the entire order and to comply with all deadlines and instructions set forth in it. Signed by Magistrate Judge Catherine M. Salinas on 03/17/2023. (ddm) |
Filing 80 REDACTION of Exhibit X [66-25] filed per #77 Order by Caterpillar Inc.. (Attachments: #1 Exhibit X)(Redpath, Elizabeth) Modified on 3/14/2023 to edit docket entry (ddm). |
Filing 79 ORDER of recusal and directing the Clerk to reassign the referral of this case to another United States Magistrate Judge for mediation purposes and assign a mediation replacement case to the undersigned. This case is now referred to Magistrate Judge Catherine M. Salinas for mediation. Signed by Magistrate Judge J. Elizabeth McBath on 03/13/2023. (ddm) |
Magistrate Judge J. Elizabeth McBath terminated. (ddm) |
Submission of #79 Order referring case to mediation, to Magistrate Judge Catherine M. Salinas. (ddm) |
Submission of #78 Order referring case to mediation, to Magistrate Judge J. Elizabeth McBath. (ddm) |
Filing 78 ORDER DENYING #66 Defendant's Motion for Summary Judgment. The Court deems this case appropriate for mediation and ORDERS the Parties to participate in a mediation of this case before an assigned United States Magistrate Judge for the Northern District of Georgia. Mediation will be scheduled at the discretion and convenience of the Magistrate Judge assigned. The Parties are ORDERED to file notice within FIVE (5) DAYS of the conclusion of mediation advising this Court of the outcome. The Parties are further ORDERED that, if mediation is unsuccessful, they must file their consolidated proposed pretrial order with this Court within THIRTY (30) DAYS of the conclusion of mediation. Signed by Judge Steve C. Jones on 03/07/2023. (ddm) |
ORDER (contained within #78 ) referring this case to Magistrate Judge J. Elizabeth McBath for mediation. Signed by Judge Steve C. Jones on 03/07/2023. (ddm) |
Filing 77 ORDER directing the Clerk to maintain Doc. No. [66-25] under seal. It is further ordered that within 10 DAYS of the entry of this Order, Defendant shall file a redacted copy of the document at Doc. No. [66-25] in compliance with the Court's standing order regarding sensitive information. Signed by Judge Steve C. Jones on 03/06/2023. (ddm) |
Submission of #66 MOTION for Summary Judgment , to District Judge Steve C. Jones. (pdw) |
Filing 76 REPLY BRIEF re #66 MOTION for Summary Judgment filed by Caterpillar Inc.. (Redpath, Elizabeth) |
Filing 75 ORDER granting #74 Plaintiff's Motion for Leave to File Matters Under Seal. Signed by Judge Steve C. Jones on 06/08/2022. (ddm) |
Filing 74 MOTION for Leave to File Matters Under Seal re: #73 Notice of Filing, with Brief In Support by Romey Schwieterman. (Attachments: #1 Brief, #2 Text of Proposed Order)(Jones, Carlton) |
Filing 73 SEALED NOTICE Of Filing by Romey Schwieterman re #72 Response in Opposition to Motion, (Attachments: #1 Ex. B, #2 Ex. C, #3 Ex. F, #4 Ex. G, #5 Ex. K, #6 Ex. L)(Jones, Carlton) Modified on 6/8/2022 to remove the word Provisionally from the entry (ddm). |
Filing 72 RESPONSE in Opposition re #66 MOTION for Summary Judgment filed by Romey Schwieterman. (Attachments: #1 Response to Statement of Material Facts, #2 Ex. A, #3 Ex. B, #4 Ex. C, #5 Ex. D, #6 Ex. E, #7 Ex. F, #8 Ex. G, #9 Ex. H, #10 Ex. I, #11 Ex. J, #12 Ex. K, #13 Ex. L)(Jones, Carlton) |
Filing 71 ORDER granting the parties' #70 Joint Motion for Extension of Time for Filing Response and Reply. The deadline for filing Plaintiff's Response to Defendant's Motion for Summary Judgment #66 be extended up to and including June 3, 2022, and that the deadline for Defendant's Reply be extended up to and including twenty-one (21) days from the filing of Plaintiff's Response. Signed by Judge Steve C. Jones on 05/20/2022. (ddm) |
Filing 70 Joint MOTION for Extension of Time to File Response and Reply re: #66 MOTION for Summary Judgment by Romey Schwieterman. (Attachments: #1 Text of Proposed Order)(Jones, Carlton) |
Filing 69 ORDER granting #68 Defendant's Motion for Leave to File Matters Under Seal. Signed by Judge Steve C. Jones on 05/09/2022. (ddm) |
Filing 68 MOTION for Leave to File Matters Under Seal re: #67 Notice of Filing, with Brief In Support by Caterpillar Inc.. (Attachments: #1 Brief In Support of Motion for Leave to File Under Seal, #2 Text of Proposed Order Granting Motion for Leave to File Under Seal File)(Redpath, Elizabeth) |
Filing 67 SEALED NOTICE Of Filing by Caterpillar Inc. (Attachments: #1 Plaintiff's Deposition, #2 Exhibit B, #3 Exhibit E, #4 Exhibit G, #5 Exhibit H, #6 Exhibit I, #7 Exhibit J, #8 Exhibit K, #9 Exhibit L, #10 Exhibit M, #11 Exhibit O, #12 Exhibit P, #13 Exhibit Q, #14 Exhibit R, #15 Exhibit S)(Redpath, Elizabeth) Modified on 5/9/2022 to remove the word Provisionally from the entry (ddm). |
Filing 66 MOTION for Summary Judgment with Brief In Support by Caterpillar Inc.. (Attachments: #1 Brief in Support of Motion for Summary Judgment, #2 Statement of Material Facts, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U, #23 Exhibit V, #24 Exhibit W, #25 Exhibit X)(Redpath, Elizabeth) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- |
Filing 65 NOTICE Of Filing Deposition Transcripts by Caterpillar Inc. (Attachments: #1 30(b)(6) Deposition of Godwin, #2 30(b)(6) Deposition of Lukacs, #3 30(b)(6) and Individual Deposition of Holley, #4 Deposition of Keller)(Redpath, Elizabeth) |
Filing 64 Supplemental Initial Disclosures by Romey Schwieterman.(Jones, Carlton) |
Filing 63 CERTIFICATE OF SERVICE of 2nd Supplemental Initial Disclosures by Caterpillar Inc..(Redpath, Elizabeth) |
Filing 62 CERTIFICATE OF SERVICE of Discovery by Romey Schwieterman.(Jones, Carlton) |
Filing 61 ORDER granting the parties' #60 Joint Motion to Extend Deadlines. The deadline to complete all fact and expert discovery is April 4, 2022. The deadline for filing Motions for Summary Judgment is May 4, 2022. The deadline for filing the Proposed Consolidated Pretrial Order if no Motions for Summary Judgment are filed is May 4, 2022. Signed by Judge Steve C. Jones on 02/24/2022. (ddm) |
Filing 60 Joint MOTION for Extension of Time by Romey Schwieterman. (Attachments: #1 Text of Proposed Order)(Jones, Carlton) |
Filing 59 Supplemental Initial Disclosures by Caterpillar Inc..(Redpath, Elizabeth) |
Filing 58 ORDER re discovery dispute involving Plaintiff and Non-Party, Yancey Bros., the Court, in the exercise of its discretion, resolves the dispute by declining to shift the $3,024.00 subpoena compliance cost to Plaintiff. Yancey Bros. shall bear the subpoena compliance cost at issue. Signed by Judge Steve C. Jones on 02/07/2022. (rsg) |
Filing 57 Minute Entry for proceedings held before Judge Steve C. Jones: Discovery Hearing held on 2/4/2022. Conference held via Zoom regarding a discovery dispute between Plaintiff and Yancey Bros. The Court heard from counsel and took the matter under advisement. (Court Reporter Viola Zborowski)(rsg) |
Filing 56 Amended NOTICE to Take Deposition of Romey Schwieterman filed by Caterpillar Inc. (Redpath, Elizabeth) |
Filing 54 ORDER granting the parties' #52 Joint Motion to Extend Deadlines. The deadline to complete all fact and expert discovery is March 4, 2022. Motions for Summary Judgment are due by April 4, 2022. If no Motions for Summary Judgment are filed, then, the Proposed Consolidated Pretrial Order is due by April 4, 2022. Signed by Judge Steve C. Jones on 12/1/2021. (ddm) |
Filing 53 PROPOSED ORDER To Extend Deadlines re: #52 Joint MOTION for Extension of Time to Extend Deadlines . (Redpath, Elizabeth) |
DOCKET ORDER re #52 Joint MOTION for Extension of Time to Extend Deadlines : counsel is ORDERED to file a proposed order granting the relief sought by close of business on 12/02/2021. Entered by Judge Steve C. Jones on 11/30/2021. (pdw) |
Filing 52 Joint MOTION for Extension of Time to Extend Deadlines by Caterpillar Inc.. (Redpath, Elizabeth) |
Filing 51 STIPULATED PROTECTIVE ORDER. Signed by Judge Steve C. Jones on 11/23/2021. (ddm) |
Filing 50 Joint MOTION for Protective Order by Caterpillar Inc.. (Attachments: #1 Text of Proposed Order Proposed Stipulated Protective Order)(Redpath, Elizabeth) |
Filing 55 Minute Entry for proceedings held before Judge Steve C. Jones: Discovery Hearing held via Zoom on 11/17/2021. (Court Reporter Geraldine Glover)(rsg) |
Filing 49 ORDER granting the Non-Party Motion to Quash or Modify Subpoena (Doc. No. #44 ) on the procedural ground of failure to tender the witness fee. The alternative request for protective order is moot and to the extent not moot, premature. Plaintiff's request to reissue the subpoena is granted with the following instructions. Doc. No. #46 , 15. The stock/form duplicate production language should be removed or modified to clearly explain that only one production of documents is required. In addition, after reissuance, the attorneys of record should engage in good faith discussions to resolve any compliance disputes. In the event of further disagreement, the parties shall seek a conference call with the Court in lieu of filing another discovery motion. Attorney's fees are denied. Signed by Judge Steve C. Jones on 11/17/2021. (ddm) |
Filing 48 CERTIFICATE OF SERVICE of Discovery by Romey Schwieterman.(Jones, Carlton) |
Submission of #44 MOTION to Quash or Modify Subpoena or in the Alternative, for a Protective Order, to District Judge Steve C. Jones. (ddm) |
Filing 47 REPLY BRIEF in Support re #44 MOTION to Quash or Modify Subpoena or in the Alternative, for a Protective Order MOTION for Protective Order filed by Yancey Bros. Co.. (Gerakitis, Richard) Modified on 10/8/2021 to edit docket text (ddm). |
Filing 46 RESPONSE in Opposition re #44 MOTION to Quash or Modify Subpoena or in the Alternative, for a Protective Order filed by Romey Schwieterman. (Jones, Carlton) Modified on 9/28/2021 to edit docket text (ddm). |
Filing 45 CERTIFICATE OF SERVICE of Discovery by Romey Schwieterman.(Jones, Carlton) |
Filing 44 MOTION to Quash or Modify Subpoena or in the Alternative, for a Protective Order with Brief In Support by Yancey Bros. Co.. (Attachments: #1 Brief In Support Of Motion to Quash Subpoena, #2 Exhibit A - 8.23.21 Subpoena to Yancey Bros., #3 Exhibit B - Declaration of Richard Gerakitis)(Gerakitis, Richard) . Added MOTION for Protective Order on 9/17/2021 (ddm). |
Filing 43 CERTIFICATE OF SERVICE of Discovery by Romey Schwieterman.(Jones, Carlton) |
Filing 42 CERTIFICATE OF SERVICE of Discovery by Romey Schwieterman.(Jones, Carlton) |
Filing 41 CERTIFICATE OF SERVICE for Notice of Deposition of Romey Schwieterman by Caterpillar Inc..(Farley, Peter) |
Filing 40 CERTIFICATE OF SERVICE for Defendant's First Set of Requests for Production by Caterpillar Inc..(Farley, Peter) |
Filing 39 CERTIFICATE OF SERVICE for Defendant's First Set of Interrogatories by Caterpillar Inc..(Farley, Peter) |
Filing 38 Verified ANSWER to #31 Amended Complaint by Caterpillar Inc.. Discovery ends on 12/20/2021.(Redpath, Elizabeth) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
Filing 37 ORDER denying #32 Defendant Caterpillar, Inc.'s Motion to Dismiss the Amended Complaint. Defendant shall file an answer in accordance with the applicable Federal Rules of Civil Procedure. Signed by Judge Steve C. Jones on 7/9/2021. (ddm) |
Filing 36 Certification of Consent to Substitution of Counsel. Elizabeth Page Redpath replacing attorney Meghan McIntee Rachford. (Redpath, Elizabeth) |
Submission of #32 MOTION to Dismiss to District Judge Steve C. Jones. (rjs) |
Filing 35 REPLY to Response to Motion re #32 MOTION to Dismiss Amended Complaint filed by Caterpillar Inc.. (Attachments: #1 Affidavit Rachford Declaration, #2 Exhibit Exhibit A)(Rachford, Meghan) |
Filing 34 RESPONSE in Opposition re #32 MOTION to Dismiss Amended Complaint filed by Romey Schwieterman. (Jones, Carlton) |
Filing 33 ELEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 03/09/2021 (mmc) (ADI) |
Filing 32 MOTION to Dismiss Amended Complaint with Brief In Support by Caterpillar Inc.. (Attachments: #1 Brief Brief on Motion to Dismiss Amended Complaint, #2 Text of Proposed Order Proposed Order)(Rachford, Meghan) |
Filing 31 AMENDED COMPLAINT against All Defendants with Jury Demand filed by Romey Schwieterman.(Jones, Carlton) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
Filing 30 TENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 01/27/2021. (ddm) (ADI) |
Filing 29 ORDER: Plaintiff is ORDERED to file an amended complaint that corrects the deficiencies noted herein or otherwise SHOW CAUSE as to why this action should not be dismissed for lack of subject matter jurisdiction. Said amended complaint shall be filed on or before FEBRUARY 10, 2021. Defendants' #16 Motion to Dismiss is DENIED WITHOUT PREJUDICE and WITH LEAVE TO RENEW after the filing of the amended complaint. The Clerk is DIRECTED to administratively term this case from the Court's pendency list in the interim. This case shall be reopened upon the filing of the amended complaint. Signed by Judge Steve C. Jones on 1/27/2021. (rjs) |
Civil Case Terminated. (rjs) |
Filing 28 NINTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 12/08/2020. (ddm) (ADI) |
Submission of #16 MOTION to Dismiss to District Judge Steve C. Jones. (rjs) |
Filing 27 REPLY BRIEF re #16 MOTION to Dismiss the Complaint filed by Caterpillar Inc.. (Attachments: #1 Affidavit Rachford Declaration, #2 Exhibit A)(Rachford, Meghan) |
Filing 26 SCHEDULING ORDER: re: #23 Joint Preliminary Report and Discovery Plan. This matter is assigned to a four (4) month discovery track. Discovery and all related deadlines will proceed in accordance the Local Rules of this Court as well as the Federal Rules of Federal Procedure following the Court's ruling on the outstanding motion to dismiss. Signed by Judge Steve C. Jones on 10/1/2020. (rjs) |
Filing 25 EIGHTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 09/28/2020. (adg) (ADI) |
Filing 24 Initial Disclosures by Romey Schwieterman.(Jones, Carlton) |
Filing 23 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Romey Schwieterman. (Jones, Carlton) |
Filing 22 Initial Disclosures by Caterpillar Inc..(Rachford, Meghan) |
Filing 21 RESPONSE in Opposition re #16 MOTION to Dismiss the Complaint filed by Romey Schwieterman. (Jones, Carlton) |
Filing 20 ORDER - This matter is before the Court on the parties' Consent Motion for Extension of Time for Plaintiff to File Response. For good cause shown, the motion is hereby GRANTED. IT IS THEREFORE ORDERED that the deadline for filing Plaintiff's Response to Defendant's Motion to Dismiss the Complaint [Dkt. #16 ] be extended by fourteen (14) days, up to and including September 22, 2020. Signed by Judge Steve C. Jones on 9/8/2020. (tcc) |
Filing 19 Consent MOTION for Extension of Time to File Response re: #16 MOTION to Dismiss the Complaint by Romey Schwieterman. (Attachments: #1 Text of Proposed Order)(Jones, Carlton) |
Filing 18 SEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 9/1/2020. (aaq) (ADI) |
Filing 17 Corporate Disclosure Statement by Caterpillar Inc. by Caterpillar Inc..(Rachford, Meghan) |
Filing 16 MOTION to Dismiss the Complaint with Brief In Support by Caterpillar Inc.. (Attachments: #1 Brief In Support of Motion to Dismiss the Complaint, #2 Text of Proposed Order)(Rachford, Meghan) |
Filing 15 SIXTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 08/03/2020. (dgs) (ADI) |
Filing 14 ORDER granting #13 Motion for Extension of Time to Answer. Caterpillar Inc. Answer due 8/24/2020. Signed by Judge Steve C. Jones on 7/14/2020. (rjs) |
Filing 13 Consent MOTION for Extension of Time to File Answer or Otherwise Respond to the Complaint by Caterpillar Inc.. (Attachments: #1 Text of Proposed Order)(Rachford, Meghan) |
Filing 12 NOTICE of Appearance by Meghan McIntee Rachford on behalf of Caterpillar Inc. (Rachford, Meghan) |
Filing 11 NOTICE of Appearance by Peter Norbert Farley on behalf of Caterpillar Inc. (Farley, Peter) |
Filing 10 NOTICE of Appearance by Natalina DePina on behalf of Caterpillar Inc. (DePina, Natalina) |
Filing 9 FIFTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 7/10/2020 (mmc) (ADI) |
Filing 8 AFFIDAVIT of Service for Complaint ., Return of Service Executed by Romey Schwieterman. Caterpillar Inc. served on 6/23/2020, answer due 7/14/2020. (Jones, Carlton) |
Filing 7 COURT'S NOTICE Of Filing INSTRUCTIONS FOR CASES ASSIGNED TO THE HONORABLE STEVE C. JONES. (pdw) |
Filing 6 FOURTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 07/01/2020. (adg) (ADI) |
Filing 5 ORDER: A review of Plaintiff's #1 Complaint shows that it contains a request for preliminary injunctive relief. In accordance with Local Rule 7.5(A), the Court will take no action on this request in the absence of a formal motion and service upon the opposing party. Signed by Judge Steve C. Jones on 6/24/2020. (bnp) |
Filing 4 Certificate of Interested Persons by Romey Schwieterman. (Jones, Carlton) |
Filing 3 THIRD AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 5/26/20. (eop) |
Filing 2 Electronic Summons Issued as to Caterpillar Inc.. (eop) |
Filing 1 COMPLAINT with Jury Demand filed by Romey Schwieterman. (Filing fee $400.00, receipt number AGANDC-9819115) (Attachments: #1 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
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