Herbel et al v. Allen Gibbs & Houlik LC
| B Craig Webb, Stephen R Herbel and Jerry Webb |
| Allen Gibbs & Houlik L C |
| 5:2020cv00563 |
| May 4, 2020 |
| US District Court for the Western District of Louisiana |
| S Maurice Hicks |
| Mark L Hornsby |
| Contract: Other |
| 28 U.S.C. § 1441 Notice of Removal |
| Plaintiff |
Docket Report
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Filing 60
ORDER granting #59 Motion for Extension. Amended Scheduling Order #51 is amended as follows: Deadline for depositions of AGH Corporate Representative, Mark Schmelzle, Kyle Preston, Kurt Breittenbach, Patrick Lowrance, Ryan Jones, and Steve Peiffer to be completed and motions to compel to be filed: October 14, 2022. Disclosure of expert reports: Plaintiffs: October 30, 2022. Defendants: November 30, 2022. Completion of Expert Depositions and any Expert Discovery: December 15, 2022. Daubert Motion and Dispositive Motion Deadline: December 30, 2022. Signed by Magistrate Judge Mark L Hornsby on 10/3/2022. (crt,Keller, J)
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Filing 59
Joint MOTION for Extension of Scheduling Order Deadlines with consent by Stephen R Herbel, B Craig Webb, Jerry Webb, Allen Gibbs & Houlik L C. Motions referred to Mark L Hornsby. Motion Ripe Deadline set for 9/30/2022. (Attachments: #1 Proposed order)(aty,Taggart, David) Modified to add filer on 9/30/2022 (Thomas, T).
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Filing 58
ORDER granting #54 Motion to Enforce Judgment and for Additional Sanctions. IT IS HEREBY ORDERED that Defendant Allen Gibbs & Houlik, L.C. (AGH) is ordered to comply in full with this Court's June 28, 2022 Order Doc. #50 within three business days. IT IS FURTHER ORDERED that Defendant AGH is ordered to pay Plaintiffs' reasonable costs and fees incurred in connection with the Motion in the amount of $450.00 to be paid within 10 days via check or wire to Plaintiffs' counsel's law firm. Signed by Magistrate Judge Mark L Hornsby on 8/3/2022. (crt,Keller, J)
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Filing 57
ORDER granting #56 Motion to Enroll as Counsel. Added as counsel Henry Michael Weber for Allen Gibbs & Houlik L C. Signed by Magistrate Judge Mark L Hornsby on 8/2/2022. (crt,Thomas, T)
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Filing 56
MOTION for Henry M. Weber to Enroll as Counsel by Allen Gibbs & Houlik L C. Motions referred to Mark L Hornsby. Motion Ripe Deadline set for 8/1/2022. (Attachments: #1 Proposed order)(aty,Duplantier, Richard)
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Filing 55
ELECTRONIC ORDER on #54 Motion to Enforce Judgment; on #54 Motion for Sanctions. Any opposition to this motion is due by noon on July 29. Any reply is due by noon on August 2. Signed by Magistrate Judge Mark L Hornsby on 7/26/2022. (jud,Hornsby, Mark)
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Motions Transferred regarding #54 MOTION to Enforce Judgment MOTION for Sanctions. Motions referred to Magistrate Judge Mark L Hornsby. (crt,Bunting, M)
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Filing 54
MOTION to Enforce Judgment by Stephen R Herbel, B Craig Webb, Jerry Webb. Motion Ripe Deadline set for 7/25/2022. (Attachments: #1 Memorandum / Brief, #2 Proposed order)(aty,Taggart, David). Added MOTION for Sanctions on 7/26/2022 (Bunting, M). Modified to add additional relief requested on 7/26/2022 (Bunting, M).
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Filing 53
NOTICE of Deficiency to Joseph Austen Irrobali on behalf of Stephen R Herbel, B Craig Webb, Jerry Webb regarding #52 MOTION to Enforce Judgment MOTION for Sanctions. Reason: For attorneys admitted pro hac vice, signature or endorsement of local counsel is required. Please refer to LR83.2.6 for more specific requirements. (crt,Bunting, M)
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Filing 52
DOCUMENT RESUBMITTED IN ITS ENTIRETY - MOTION to Enforce Judgment by Stephen R Herbel, B Craig Webb, Jerry Webb. Motion Ripe Deadline set for 7/25/2022. (Attachments: #1 Memorandum / Brief Memorandum In Support of Motion to Enforce and for Sanctions, #2 Proposed order proposed order)(aty,Irrobali, Joseph). Added MOTION for Sanctions on 7/25/2022 (Bunting, M). Modified to add additional relief requested and to reflect deficient status on 7/25/2022 (Bunting, M). Modified to reflect resubmitted on 7/26/2022 (Bunting, M). See #54 .
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Filing 51
AMENDED SCHEDULING ORDER: Jury Trial set for 4/17/2023 at 8:30 AM in Shreveport, Courtroom 1 before Chief Judge S Maurice Hicks Jr. Pretrial Conference set for 3/17/2023 at 10:00 AM in chambers before Chief Judge S Maurice Hicks Jr. Joint Pretrial Order due by 3/10/2023. Witness List due by 8/1/2022. Plaintiffs' Expert Info/Reports due by 10/14/2022. Defendant's Expert Info/Reports due by 10/28/2022. Discovery deadline 9/30/2022. Expert Depositions due by 11/7/2022. Dispositive Motions due by 12/15/2022. Daubert Motions due by 12/1/2022. Proposed Pretrial Order inserts and exhibits exchanged by 2/3/2023. Conference/Meeting of counsel to prepare pretrial order to be held by 2/17/2023. Motions in Limine due by 3/3/2023. Trial Depositions due by 2/17/2023. Trial Brief/Pretrial Submissions due by 4/10/2023. Signed by Magistrate Judge Mark L Hornsby on 6/28/2022. (crt,Enkey, R)
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Filing 50
MINUTES for proceedings held before Magistrate Judge Mark L Hornsby: Telephone STATUS CONFERENCE held on 6/28/2022.The parties' joint motion to modify scheduling order Doc. #46 is granted. An amended scheduling order will be issued setting this matter for jury trial on April 17, 2023. As discussed during the conference, Plaintiffs motion to compel Doc. #48 is granted in full, and Defendant is ordered to respond in full (all objections are waived) no later than July 16, 2022. To offset a portion of the attorneys fees in connection with the motion to compel, Defendant is ordered to pay $750.00 to Plaintiffs within 10 days. (crt,Keller, J)
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Filing 49
ELECTRONIC ORDER deferring ruling on #48 Motion to Compel. Any opposition to this motion is due no later than June 21, 2022. Signed by Magistrate Judge Mark L Hornsby on 6/16/2022. (jud,Hornsby, Mark)
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Filing 48
First MOTION to Compel by Stephen R Herbel, B Craig Webb, Jerry Webb. Motions referred to Mark L Hornsby. Motion Ripe Deadline set for 6/15/2022. (Attachments: #1 Memorandum / Brief ISO Plaintiffs Motion to Compel, #2 Exhibit Plaintiffs First RFPs, #3 Exhibit Defendants Initial Disclosures, #4 Exhibit April 26, 2022 Email, #5 Exhibit May 1, 2022 Email, #6 Exhibit May 2, 2022 Email, #7 Exhibit May 9, 2022 Email, #8 Exhibit March 23, 2022 Email, #9 Exhibit May 26, 2022 Email, #10 Exhibit June 14, 2022 Email, #11 Proposed order)(aty,Tillotson, Jeffrey)
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Filing 47
ELECTRONIC MINUTE ENTRY: A telephone Status Conference is set for 6/28/2022 at 10:30 AM. Dial-in instructions will be emailed to all counsel of record. Trial counsel for each party must participate. Signed by Magistrate Judge Mark L Hornsby on 6/8/2022. (crt,Rider, M)
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Filing 46
JOINT MOTION to Modify Scheduling Order Deadlines with consent by Stephen R Herbel, B Craig Webb, Jerry Webb, Allen Gibbs & Houlik L C. Motions referred to Mark L Hornsby. Motion Ripe Deadline set for 6/6/2022. (Attachments: #1 Proposed order)(aty,Taggart, David) Modified to correct event type, edit docket text and add filers on 6/6/2022 (Thomas, T).
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Filing 45
ELECTRONIC ORDER: Counsel for Defendant contacted the court and represented that the discovery sought in the Motion to Compel #43 has been produced. Accordingly, the motion to compel is denied as moot. Signed by Magistrate Judge Mark L Hornsby on 4/7/2022. (crt,Rider, M)
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Filing 44
NOTICE of Motion Setting regarding: #43 MOTION to Compel. Motions referred to Magistrate Judge Mark L Hornsby. (crt,Keller, J)
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Filing 43
MOTION to Compel Discovery by Allen Gibbs & Houlik L C. Motions referred to Mark L Hornsby. Motion Ripe Deadline set for 4/4/2022. (Attachments: #1 Memorandum / Brief, #2 Certificate re efforts to resolve-LR 37.1, #3 Proposed order, #4 Exhibit A (Plaintiff's responses), #5 Exhibit B (Email communication))(aty,Duplantier, Richard). Added MOTION for Attorney Fees on 4/5/2022 (Thomas, T).
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Filing 42
ORDER granting #41 Motion for Extension. Witness List due by 5/1/2022. Signed by Magistrate Judge Mark L Hornsby on 3/9/2022. (crt,Thomas, T)
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Filing 41
MOTION for Extension of Discovery Deadlines with consent by Allen Gibbs & Houlik L C. Motions referred to Mark L Hornsby. Motion Ripe Deadline set for 3/8/2022. (Attachments: #1 Proposed order)(aty,Duplantier, Richard)
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Filing 40
SCHEDULING ORDER: Jury Trial set for 3/20/2023 at 8:30 AM in Shreveport, Courtroom 1 before Chief Judge S Maurice Hicks Jr. Pretrial Conference set for 2/9/2023 at 10:00 AM in chambers before Chief Judge S Maurice Hicks Jr. Pretrial Order due by 2/2/2023. Joinder of Parties and Amendment of Pleadings due by 11/15/2021. Witness List due by 3/1/2022. Defendants witness list is due seven(7) days after receipt of plaintiffs list. Plaintiffs Expert Info/Reports due by 6/1/2022. Defendants Expert Info/Reports due by 7/15/2022. Discovery deadline 5/1/2022. Expert Depositions due by 9/1/2022. Dispositive Motions due by 10/15/2022. Daubert Motions due by 9/22/2022. Proposed Pretrial Order inserts and exhibits exchanged by 12/15/2022. Conference/Meeting of counsel to prepare pretrial order to be held by 1/12/2023. Motions in Limine due by 1/26/2023. Trial Depositions due by 3/13/2023. Trial Brief/Pretrial Submissions due by 3/13/2023. Signed by Magistrate Judge Mark L Hornsby on 10/6/2021. (crt,Keller, J)
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Filing 39
MINUTES for proceedings held before Magistrate Judge Mark L Hornsby: Telephone STATUS CONFERENCE held on 10/6/2021. (crt,Keller, J)
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Filing 38
ELECTRONIC MINUTE ENTRY: The telephone Status Conference originally set for 9/8/21 has been reset for 10/6/2021 at 10:00 AM. Dial-in instructions have been emailed to all counsel of record. Trial counsel for each party must participate. Signed by Magistrate Judge Mark L Hornsby on 9/9/2021. (crt,Rider, M)
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Filing 37
ELECTRONIC MINUTE ENTRY: A telephone Status Conference has been set for 9/8/2021 at 10:00 AM. Dial-in instructions will be emailed to all counsel of record. Trial counsel for each party must participate. Signed by Magistrate Judge Mark L Hornsby on 8/11/2021. (crt,Rider, M)
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Filing 36
ORDER denying #28 Motion to Dismiss for Failure to State a Claim. Signed by Chief Judge S Maurice Hicks, Jr on 8/6/2021. (crt,Keifer, K)
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Filing 35
MEMORANDUM RULING re #28 MOTION to Dismiss For Failure to State a Claim filed by Allen Gibbs & Houlik L C. Signed by Chief Judge S Maurice Hicks, Jr on 8/6/2021. (crt,Keifer, K)
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Filing 34
REPLY to Response to Motion re #28 MOTION to Dismiss For Failure to State a Claim filed by Allen Gibbs & Houlik L C. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(aty,Duplantier, Richard)
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Filing 33
MEMORANDUM in Opposition re #28 MOTION to Dismiss For Failure to State a Claim filed by Stephen R Herbel, B Craig Webb, Jerry Webb. (Attachments: #1 Declaration, #2 Exhibit A-1, #3 Exhibit A-2, #4 Exhibit A-3, #5 Exhibit A-4, #6 Exhibit A-5)(aty,Taggart, David)
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Filing 32
NOTICE of Motion Setting regarding: #28 MOTION to Dismiss for Failure to State a Claim. Motions referred to Chief Judge S Maurice Hicks, Jr. (crt,Dauterive, C)
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Filing 28
MOTION to Dismiss For Failure to State a Claim by Allen Gibbs & Houlik L C. (Attachments: #1 Memorandum / Brief, #2 Exhibit 1, #3 Exhibit 1A, #4 Exhibit 1B, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6)(aty,Duplantier, Richard) Modified on 5/26/2020 to edit text (Dauterive, C).
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Filing 31
ORDER granting #27 Motion to Appear Pro Hac Vice for appearance of J Austen Irrobali for Stephen R Herbel, B Craig Webb, Jerry Webb. Signed by Magistrate Judge Mark L Hornsby on 5/21/2020. (crt,Williams, L)
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Filing 30
ORDER granting #26 Motion to Appear Pro Hac Vice for appearance of Jonathan R Patton for Stephen R Herbel, B Craig Webb,J Jerry Webb. Signed by Magistrate Judge Mark L Hornsby on 5/21/2020. (crt,Williams, L)
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Filing 29
ORDER granting #25 Motion to Appear Pro Hac Vice for appearance of Jeffrey M Tillotson for Stephen R Herbel, B Craig Webb, Jerry Webb. Signed by Magistrate Judge Mark L Hornsby on 5/21/2020. (crt,Williams, L)
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Filing 27
MOTION for J. Austen Irrobali to Appear Pro Hac Vice ( Admission fee: $105, receipt number ALAWDC-4268693) by Stephen R Herbel, B Craig Webb, Jerry Webb. Motions referred to Mark L Hornsby. Motion Ripe Deadline set for 5/20/2020. (Attachments: #1 Declaration, #2 Certificate of Good Standing, #3 Proposed order)(aty,Taggart, David)
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Filing 26
MOTION for Jonathan R. Patton to Appear Pro Hac Vice ( Admission fee: $105, receipt number ALAWDC-4268674) by Stephen R Herbel, B Craig Webb, Jerry Webb. Motions referred to Mark L Hornsby. Motion Ripe Deadline set for 5/20/2020. (Attachments: #1 Declaration, #2 Certificate of Good Standing, #3 Proposed order)(aty,Taggart, David)
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Filing 25
MOTION for Jeffrey M. Tillotson to Appear Pro Hac Vice ( Admission fee: $105, receipt number BLAWDC-4268656) by Stephen R Herbel, B Craig Webb, Jerry Webb. Motions referred to Mark L Hornsby. Motion Ripe Deadline set for 5/20/2020. (Attachments: #1 Declaration, #2 Certificate of Good Standing, #3 Proposed order)(aty,Taggart, David)
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Filing 24
ORDER granting #23 Motion to Enroll as Counsel. Added as counsel David R Taggart,Mary Catherine Joiner for Stephen R Herbel, B Craig Webb, Jerry Webb. Signed by Magistrate Judge Mark L Hornsby on 5/14/2020. (crt,Williams, L)
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Filing 23
MOTION for David R. Taggart & Mary Catherine Joiner to Enroll as Counsel by Stephen R Herbel, B Craig Webb, Jerry Webb. Motions referred to Mark L Hornsby. Motion Ripe Deadline set for 5/13/2020. (Attachments: #1 Proposed order)(Attorney David R Taggart added to party Stephen R Herbel(pty:pla), Attorney David R Taggart added to party B Craig Webb(pty:pla), Attorney David R Taggart added to party Jerry Webb(pty:pla))(aty,Taggart, David)
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Filing 22
ELECTRONIC JURISDICTIONAL REVIEW FINDING: Having reviewed the pleadings, and any amended pleadings, the court finds that subject matter jurisdiction exists pursuant to: 28 U.S.C. section 1332. This finding is preliminary and may be reconsidered sua sponte or on appropriate motion. Signed by Magistrate Judge Mark L Hornsby on 5/11/2020. (crt,Rider, M)
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Filing 21
TRANSFER ORDER regarding admission status of counsel. Signed by Magistrate Judge Mark L Hornsby on 5/8/2020. (crt,Keller, J)
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Filing 20
ORDER granting #19 Motion to Enroll as Counsel. Added as counsel Richard G Duplantier, Jr for Allen Gibbs & Houlik L C. Signed by Magistrate Judge Mark L Hornsby on 5/8/2020. (crt,Keller, J)
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Filing 19
MOTION for Richard G. Duplantier, Jr. to Enroll as Counsel by Allen Gibbs & Houlik L C. Motions referred to Mark L Hornsby. Motion Ripe Deadline set for 5/6/2020. (Attachments: #1 Proposed order)(Attorney Richard G Duplantier, Jr added to party Allen Gibbs & Houlik L C(pty:dft))(aty,Duplantier, Richard)
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Filing 18
PROPOSED TRANSFER ORDER Referred to Magistrate Judge Mark L Hornsby. Motion Ripe Deadline set for 5/5/2020. (crt,Thigpen, M)
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Filing 17
DISTRICT CASE transferred in from District of Texas Northern; Case Number 3:20-cv-00635. Original file copy of transfer order and docket sheet received
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CASE Assigned to Chief Judge S Maurice Hicks, Jr and Magistrate Judge Mark L Hornsby. (crt,Thigpen, M)
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Filing 16
ORDER TO TRANSFER: Plaintiff's Motion for Entry of Default [ECF #6 ] is hereby withdrawn by Plaintiff and rendered moot. The Clerk's Entry of Default [ECF #10 ] is hereby vacated and Defendant's Answer [ECF #8 ] is hereby deemed timely filed. Defendant's Motions to Set Aside Default [ECF #11 and #12 ] are denied as moot. This Case transferred to Shreveport Division of Western District of Louisiana. (Ordered by Judge David C Godbey on 5/4/2020) (axm) [Transferred from Texas Northern on 5/5/2020.]
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Filing 15
Joint STIPULATION to Transfer by Stephen R Herbel, B Craig Webb, Jerry Webb. (Attachments: #1 Proposed Order) (Tillotson, Jeffrey) [Transferred from Texas Northern on 5/5/2020.]
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Filing 14
Joint Submission on Discovery Matters Management Plan Under Rule 16(b) and 26(f) by Stephen R Herbel, B Craig Webb, Jerry Webb. Related document: #9 Order,. (Tillotson, Jeffrey) [Transferred from Texas Northern on 5/5/2020.]
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Filing 13
ELECTRONIC ORDER finding as moot #11 Motion to Set Aside Default per #12 Motion to Set Aside Default. (Ordered by Judge David C Godbey on 4/13/2020) (chmb) [Transferred from Texas Northern on 5/5/2020.]
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Filing 12
First MOTION to Set Aside Clerk's Entry of Default filed by Allen Gibbs & Houlik LC (Attachments: #1 Exhibit(s) Exhibit 1) (Lorick, Mia) [Transferred from Texas Northern on 5/5/2020.]
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Filing 11
First MOTION to Set Aside Default Judgment filed by Allen Gibbs & Houlik LC (Attachments: #1 Exhibit(s) Exhibit 1) (Lorick, Mia) [Transferred from Texas Northern on 5/5/2020.]
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Filing 9
ORDER REQUIRING STATUS AND SCHEDULING CONFERENCE: The parties are directed to confer within 14 days of the date of this Order regarding the following matters, and report to the Court within 14 days after the conference the parties' position. (Ordered by Judge David C Godbey on 4/10/2020) (twd) [Transferred from Texas Northern on 5/5/2020.]
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Filing 10
***VACATED PER #16 ORDER*** Clerk's ENTRY OF DEFAULT as to Allen Gibbs & Houlik LC. (ndt) Modified on 5/4/2020 (axm). [Transferred from Texas Northern on 5/5/2020.]
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Filing 8
ANSWER to Complaint filed by Allen Gibbs & Houlik LC. 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. (Lorick, Mia) [Transferred from Texas Northern on 5/5/2020.]
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Filing 7
RESPONSE filed by Allen Gibbs & Houlik LC re: #5 Combined Request for Clerks Entry of Default and MOTION for Default Judgment against All Defendants (Lorick, Mia) [Transferred from Texas Northern on 5/5/2020.]
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Filing 6
MOTION to Dismiss for Lack of Personal Jurisdiction, Alternatively, MOTION to Transfer Case out of District/Division filed by Allen Gibbs & Houlik LC. (Attachments: #1 Exhibit(s) Exhibit 1) (Lorick, Mia) [Transferred from Texas Northern on 5/5/2020.]
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Filing 5
Combined Request for Clerks Entry of Default and MOTION for Default Judgment against All Defendants filed by Stephen R Herbel, B Craig Webb, Jerry Webb (Attachments: #1 Declaration(s) Ex A, #2 Exhibit(s) A-1, #3 Exhibit(s) A-2, #4 Exhibit(s) A-3, #5 Exhibit(s) A-4, #6 Proposed Order Clerk Entry of Default) (Tillotson, Jeffrey) [Transferred from Texas Northern on 5/5/2020.]
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Filing 4
AMENDED NOTICE OF REMOVAL from G-134th, case number DC-20-031 90 filed by Allen Gibbs & Houlik LC. (Filer fee note- Clerk to add prior fee payment info here.) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy 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) Exhibit A, #2 Exhibit(s) Exhibit B) (Lorick, Mia) Modified on 3/20/2020 (hml). [Transferred from Texas Northern on 5/5/2020.]
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Filing 3
ADDITIONAL ATTACHMENTS (Civil Cover Sheet & Supplemental Civil Cover Sheet) to #1 Notice of Removal by Defendant Allen, Gibbs & Houlik, LC. (Attachments: #1 Cover Sheet Supplement Supplemental Civil Cover Sheet) (Lorick, Mia) [Transferred from Texas Northern on 5/5/2020.]
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Filing 2
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 Ramirez). Clerk to provide copy to plaintiff if not received electronically. (oyh) [Transferred from Texas Northern on 5/5/2020.]
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Filing 1
NOTICE OF REMOVAL WITH JURY DEMAND from G-134th, case number DC-20-031 90 filed by Allen, Gibbs & Houlik LC. (Filing fee $400; receipt number 0539-10700624) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy 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) List of all counsel of record., #2 Exhibit(s) Original Petition) (Lorick, Mia) Modified Jury Text on 3/13/2020 (oyh). [Transferred from Texas Northern on 5/5/2020.]
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