Gardner v. Cooksey et al
| Gigi W. Gardner |
| Bill Cooksey doing business as Cooksey Tire Service and Ford Motor Company |
| 2:2011cv00255 |
| December 29, 2011 |
| US District Court for the Southern District of Mississippi |
| Hattiesburg Office |
| Jones |
| Michael T Parker |
| Keith Starrett |
| Motor Vehicle Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| None |
Docket Report
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This docket was last retrieved on May 30, 2013. A more recent docket listing may be available from PACER.
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| Filing 100 JUDGMENT OF DISMISSAL, This case is dismissed with prejudice as to all parties. Signed by District Judge Keith Starrett on 5/30/2013 (ALJ) |
| Minute Entry for proceedings held before Magistrate Judge Michael T. Parker: Settlement Conference held on 5/30/2013. The parties reached a settlement and the agreement, with the exception of the monetary terms, was placed on the record. PARTICIPANTS: Len Melvin, Jim Nobles and Jim Quinn for plaintiff; Clay Gunn and John Isaac Southerland for defendant. (Tape #CD 5.30.13) (KPM) |
| Filing 99 MOTION for Extension of Time to File Response/Reply as to #91 MOTION for Summary Judgment , #93 MOTION for Summary Judgment on Plaintiff's Punitive Damages Claim by Gigi W. Gardner (Quinn, James) |
Filing 98
ORDER Setting Deadlines and Dates for Response/Rebuttal to Defendant's Motion for Summary Judgment #91 . Plaintiff's Response to said motion is due on or before June 3, 2013. Defendant's Rebuttal, if desired, is due on or before June 13, 2013. Signed by District Judge Keith Starrett on May 16, 2013 (dsl)
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Filing 97
ORDER Setting Deadlines and Dates for Response/Rebuttal to Plaintiff's Motion to Exclude Opinion Testimony of Debora R. Marth #95 . Defendant's Response to said motion is due on or before June 3, 2013. Plaintiff's Rebuttal, if desired, is due on or before June 13, 2013. Signed by District Judge Keith Starrett on May 16, 2013 (dsl)
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| Filing 96 MEMORANDUM in Support re #95 MOTION to Exclude Opinion Testimony of Debora R. Marth filed by Gigi W. Gardner (Quinn, James) |
| Filing 95 MOTION to Exclude Opinion Testimony of Debora R. Marth by Gigi W. Gardner (Attachments: #1 Exhibit "A" - Report of Debora R. Marth, Ph.D)(Quinn, James) |
| Filing 94 MEMORANDUM in Support re #93 MOTION for Summary Judgment on Plaintiff's Punitive Damages Claim filed by Ford Motor Company (Gunn, George) |
| Filing 93 MOTION for Summary Judgment on Plaintiff's Punitive Damages Claim by Ford Motor Company (Attachments: #1 Exhibit A - NHTSA Closing Report to Deny Firestone Petition for Defect Investigation)(Gunn, George) |
| Filing 92 MEMORANDUM in Support re #91 MOTION for Summary Judgment filed by Ford Motor Company (Gunn, George) |
| Filing 91 MOTION for Summary Judgment by Ford Motor Company (Attachments: #1 Exhibit A - Fundamentals of Vehicle Dynamics, Thomas D. Gillespie, #2 Exhibit B - Optimized Damping to Control Rear End Breakaway in Light Truck, SAE 962225, #3 Exhibit C - Light Truck Advance Skate Study, #4 Exhibit D- Excerpts from Deposition of Kenneth Kraemer, Beatty v. Ford, #5 Exhibit E- Excerpts from Deposition of Stanley Andrews, #6 Exhibit F - Excerpts from Deposition of Paul Semones, #7 Exhibit G - Excerpts from Deposition of David Renfroe, Hughes v. Ford, #8 Exhibit H - Magnitude of Axle Tramp Response to Partially Detreaded Imbalance in Highway-Speed Driving, DERC2012-70287, #9 Exhibit I - Excerpts from Deposition of David Renfroe, #10 Exhibit J - Scene Photo of Subject Tread, #11 Exhibit K - Excerpts from Deposition of David Renfroe, Mascarenas v. Ford, #12 Exhibit L - Sanford Body Shop Receipt, #13 Exhibit M - Excerpts from Plaintiff's Interrogatory Responses, #14 Exhibit N - Report of Dr. David Renfroe, #15 Exhibit O - Insurance Auto Auction Record, #16 Exhibit P - Excerpts from Deposition of Gigi Gardner, #17 Exhibit Q - Excerpts from Deposition of Frederick Gardner, #18 Exhibit R - Excerpts from Deposition of Terry Larabee)(Gunn, George) |
| Filing 90 Response in Opposition re #84 NOTICE to Take Deposition of Corporate Designee by Gigi W. Gardner (Nobles, James) filed by Ford Motor Company (Gunn, George) |
| Filing 89 Subpoena Returned Executed as to Latrelle Holifield. (Gunn, George) |
| Filing 88 NOTICE to Take Deposition of Latrelle Holifield by Ford Motor Company (Gunn, George) |
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TEXT ONLY ORDER granting #87 Joint Motion to Take Deposition out of time. The parties are granted leave to take the deposition of the attending emergency medical personnel as referenced in the motion on or before May 3, 2013. The parties are further granted leave to take the 30(b)(6) deposition of Ford Motor Company on or before May 24, 2013. No further written order will issue. Signed by Magistrate Judge Michael T. Parker on April 29, 2013. (KM)
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| Filing 87 Joint MOTION to Take Deposition Out of Time by Ford Motor Company (Gunn, George) |
| Filing 86 NOTICE to Take Deposition of Ashley Breland by Ford Motor Company (Gunn, George) |
| Filing 85 NOTICE of Service of Supplemental Initial Disclosure by Ford Motor Company (Gunn, George) |
| Filing 84 NOTICE to Take Deposition of Corporate Designee by Gigi W. Gardner (Nobles, James) |
| Filing 83 NOTICE to Take Deposition of Corporate Designee by Gigi W. Gardner (Nobles, James) |
| Set Hearings: At the request of counsel and having confirmed their availability, a Settlement Conference is set for 5/30/2013 9:30 AM in Courtroom 2, U.S. Courthouse, 701 N. Main Street, Hattiesburg, MS before Magistrate Judge Michael T. Parker. Local counsel, lead counsel and representatives with full settlement authority must be present. Confidential settlement memoranda are due on or before 5/27/13. (KPM) |
| Filing 82 NOTICE of Service of Response to Request for Admissions by Gigi W. Gardner (Quinn, James) |
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Filing 81
STIPULATED PROTECTIVE ORDER granting #80 Motion for Protective Order. Signed by Magistrate Judge Michael T. Parker on March 27, 2013 (KPM)
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| Filing 80 MOTION for Protective Order by Ford Motor Company (Attachments: #1 Exhibit A - Stipulated Protective Order)(Gunn, George) |
| Filing 79 NOTICE of Service of Request for Admissions by Ford Motor Company (Gunn, George) |
| Filing 78 NOTICE of Service of Designation of Experts by Ford Motor Company (Gunn, George) |
| Filing 77 Subpoena Returned Executed as to Cellco Partnership d/b/a Verizon Wireless. (Gunn, George) |
| Filing 76 Subpoena Returned Executed as to Verizon Legal Compliance. (Gunn, George) |
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Filing 75
AMENDED CASE MANAGEMENT ORDER: Designate Experts for Defendant Deadline due by 3/4/2013; Discovery due by 5/1/2013; Motions due by 5/15/2013; Pretrial Conference set for 9/26/2013 before District Judge Keith Starrett; Jury Trial set for a two week term beginning 10/7/2013 before District Judge Keith Starrett. Signed by Magistrate Judge Michael T. Parker on February 6, 2013 (KPM)
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| Set Deadlines as to #73 Joint MOTION to Continue. Having confirmed the availability of counsel, a TELEPHONIC Motion Hearing is set for today 2/6/2013 10:00 AM before Magistrate Judge Michael T. Parker. The participants should call 228.563.1742 to connect to the call. No code is required. (KPM) |
| Minute Entry for proceedings held before Magistrate Judge Michael T. Parker: Telephonic Motion Hearing held on 2/6/2013 re #73 Joint MOTION to Continue filed by Ford Motor Company. An amended case management order will be entered. PARTICIPANTS: Jim Quinn for plaintiff; Clay Gunn for defendant. (KPM) |
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TEXT ONLY ORDER granting #73 Joint Motion to Continue. See Amended Case Management Order #75 . No further written order will issue. Signed by Magistrate Judge Michael T. Parker on February 6, 2013 (KPM)
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| Filing 74 NOTICE to Take Deposition of Dr. Howard Katz (RENOTICE) by Ford Motor Company (Gunn, George) |
| Filing 73 Joint MOTION to Continue by Ford Motor Company (Gunn, George) |
| Filing 72 NOTICE OF INTENT TO SERVE SUBPOENA by Ford Motor Company (Gunn, George) |
| Filing 71 NOTICE to Take Deposition of Dr. Kevin W. Greve by Ford Motor Company (Gunn, George) |
| Filing 70 NOTICE to Take Deposition of Dr. Howard Katz by Ford Motor Company (Gunn, George) |
| Filing 69 NOTICE OF INTENT TO SERVE SUBPOENA by Ford Motor Company (Gunn, George) |
| Filing 68 NOTICE of Service of Response to Request for Production by Ford Motor Company (Gunn, George) |
| Filing 67 NOTICE to Take Deposition of Paul Semones by Ford Motor Company (Gunn, George) |
| Filing 66 NOTICE to Take Deposition of David Renfroe by Ford Motor Company (Gunn, George) |
| Filing 65 NOTICE to Take Deposition of Stan Andrews by Ford Motor Company (Gunn, George) |
| Filing 64 NOTICE of Service of Plaintiff's Designation of Experts by Gigi W. Gardner (Nobles, James) |
| Filing 63 NOTICE of Service of Revised Request for Production by Gigi W. Gardner (Nobles, James) |
| DOCKET ANNOTATION as to #63 : Scanned document contains blank page. PDF documents should be checked for errors before filing. It is not necessary to refile. (LDR) |
| Filing 62 Subpoena Returned Executed as to Litigation Storage. (Gunn, George) |
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Filing 61
AGREED ORDER granting Joint Ore Tenus Motion to Extend Expert Designation Deadlines. Signed by Magistrate Judge Michael T. Parker on November 30, 2012 (KPM)
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| Joint Ore Tenus MOTION to Extend Expert Designation Deadlines. (KPM) |
| Reset Deadlines: Designate Experts Plaintiff Deadline due by 1/4/2013; Designate Experts for Defendant Deadline due by 2/8/2013 (KPM) |
| Filing 60 NOTICE OF INTENT TO SERVE SUBPOENA by Ford Motor Company (Attachments: #1 Exhibit A - Subpoena Duces Tecum to Litigation Storage)(Gunn, George) |
| Filing 59 NOTICE of Service of Request for Production by Gigi W. Gardner (Quinn, James) |
| Filing 58 Subpoena Returned Executed as to Frederick Gardner. (Gunn, George) |
| Filing 57 Subpoena Returned Executed as to Marzine Gardner. (Gunn, George) |
| Filing 56 NOTICE to Take Deposition of Gigi Gardner, Marzine Gardner and Frederick Gardner by Ford Motor Company (Gunn, George) |
| Filing 55 Subpoena Returned Executed as to Jones County Sheriff's Department. (Gunn, George) |
| Filing 54 Subpoena Returned Executed as to Safeway Insurance Company. (Gunn, George) |
| Filing 53 Subpoena Returned Executed as to Sanford's Body Shop & Towing. (Gunn, George) |
| Filing 52 Subpoena Returned Executed as to Insurance Auto Auctions. (Gunn, George) |
| Filing 51 Subpoena Returned Executed as to Terry Larabee. (Gunn, George) |
| Filing 50 Subpoena Returned Executed as to Officer J. D. Carter. (Gunn, George) |
| Filing 49 Subpoena Returned Executed as to Candace Wedgeworth Brannon. (Gunn, George) |
| Filing 48 Subpoena Returned Executed as to Deputy Scott Paxson. (Gunn, George) |
| Filing 47 Subpoena Returned Executed as to Sergeant James Stiglett. (Gunn, George) |
| Filing 46 Subpoena Returned Executed as to Captain Jerry Hutcheson. (Gunn, George) |
| Filing 45 NOTICE to Take Deposition of Terry Larabee by Ford Motor Company (Gunn, George) |
| Filing 44 NOTICE to Take Deposition of Jerry Hutcheson, James Stiglett, Scott Paxson, J.D. Carter and Candace Wedgeworth Brannon by Ford Motor Company (Gunn, George) |
| DOCKET ANNOTATION as to #42 #43 : This document is not accompanied by a certificate of service. A certificate of service must be attached to a document [Administrative Procedures for Electronic Case Filing, Sec. 4.A.1, Sec. 4.B, and Fed.R.Civ.P. Rule 5(d)(1)]. Attorney is directed to file a certificate as CERTIFICATE OF SERVICE and link it to the proper document. (LDR) |
| Filing 43 NOTICE of Service of Plaintiff's Answers to Ford Motor Company's Request for Production of Documents Response to Request for Production by Gigi W. Gardner (Quinn, James) |
| Filing 42 NOTICE of Service of Answers to Ford Motor Company's First Set of Interrogatories Response to Interrogatories by Gigi W. Gardner (Quinn, James) |
| Filing 41 Subpoena Returned Unexecuted as to Litigation Storage LLC. (Kidd, D.) |
| Filing 40 Subpoena Returned Executed as to EMServ Ambulance Service. (Gunn, George) |
| Filing 39 NOTICE of Appearance by Everett E. White on behalf of Ford Motor Company (White, Everett) |
| Filing 38 Subpoena Returned Executed as to Darius Echols. (Gunn, George) |
| Filing 37 Subpoena Returned Executed as to Travis Luck. (Gunn, George) |
| Filing 36 Subpoena Returned Executed as to Robert Kelly. (Gunn, George) |
| Filing 35 Subpoena Returned Executed as to James Stiglet. (Gunn, George) |
| Filing 34 Subpoena Returned Executed as to Jared Lindsey. (Gunn, George) |
| Filing 33 Subpoena Returned Executed as to Scott Paxson. (Gunn, George) |
| Filing 32 Subpoena Returned Executed as to Jerry Hutcheson. (Gunn, George) |
| Filing 31 NOTICE to Take Deposition of Travis Luck and Darius Echols by Ford Motor Company (Gunn, George) |
| Filing 30 NOTICE to Take Deposition of James Stiglet, Jerry Hutcheson, Scott Paxson, Robert Kelly and Jared Lindsey by Ford Motor Company (Gunn, George) |
| Filing 29 NOTICE of Appearance by Cable Matthew Frost on behalf of Ford Motor Company (Frost, Cable) |
| Filing 28 NOTICE of Service of Response to Request for Admissions by Gigi W. Gardner (Quinn, James) |
| Pro Hac Vice fee paid by John Issac Sutherland $100, receipt number 24643002032. (DM) |
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TEXT ONLY ORDER granting #27 Motion to Appear Pro Hac Vice. John Isaac Sutherland is hereby admitted pro hac vice upon registering for electronic filing. No further written order will issue. Signed by Magistrate Judge Michael T. Parker on July 13, 2012 (KPM)
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| Filing 27 MOTION for John Isaac Sutherland to Appear Pro Hac Vice by Ford Motor Company (Attachments: #1 Exhibit A - Certificate of Good Standing)(Gunn, George) |
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Filing 26
ORDER granting #21 Motion for Protective Order. Signed by Magistrate Judge Michael T. Parker on June 26, 2012. (KM)
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| Filing 25 NOTICE of Appearance by James W. Nobles, Jr on behalf of Gigi W. Gardner (Nobles, James) |
| Filing 24 NOTICE of Service of Request for Admissions by Ford Motor Company (Kidd, D.) |
| Filing 23 NOTICE of Service of Request for Production by Ford Motor Company (Kidd, D.) |
| Filing 22 NOTICE of Service of Interrogatories by Ford Motor Company (Kidd, D.) |
| Filing 21 MOTION for Protective Order by Ford Motor Company (Kidd, D.) |
| Filing 20 NOTICE of Service of Disclosure by Gigi W. Gardner (Quinn, James) |
| Filing 19 **ERROR, DISREGARD THIS ENTRY** NOTICE of Service of Disclosure by Gigi W. Gardner (Quinn, James) Modified on 6/5/2012 (LDR). |
| DOCKET ANNOTATION as to #19 : Attorney advises that there is an error in this entry, and it should be disregarded. It has been correctly refiled as Doc. #20 . (LDR) |
| Reset Deadlines: Discovery due by 6/5/2012 (KPM) |
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TEXT ONLY ORDER granting #18 Motion for Extension of Time to Complete Discovery and Disclose Core Information. The deadline is extended to June 5, 2012. No further written order will issue. Signed by Magistrate Judge Michael T. Parker on May 22, 2012 (KPM)
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| Filing 18 MOTION for Extension of Time to Complete Discovery and Disclose Core Information, by Gigi W. Gardner (Quinn, James) Modified on 5/21/2012 (DM). |
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Filing 17
CASE MANAGEMENT ORDER: The parties do not consent; Plaintiff's Disclosures due by 5/22/2012; Motions for Amended Pleadings due by 7/2/2012; Motions for Joinder of Parties due by 7/2/2012; Designate Experts Plaintiff Deadline due by 12/3/2012; Designate Experts for Defendant Deadline due by 1/18/2013; Discovery due by 3/1/2013; Motions due by 3/15/2013; Pretrial Conference set for 7/25/2013 before District Judge Keith Starret;t Jury Trial set for a two week term beginning 8/5/2013 before District Judge Keith Starrett; no conflicts; settlement conference or private mediation to be completed by discovery deadline. Signed by Magistrate Judge Michael T. Parker on May 2, 2012 (KPM)
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| Minute Entry for proceedings held before Magistrate Judge Michael T. Parker: Telephonic Case Management Conference held on 5/2/201. A case management order will be entered. PARTICIPANTS: Jim Quinn and Len Melvin for plaintiff; George Gunn and Sterline Kidd for defendant. (KPM) |
| Filing 16 NOTICE of Service of Pre-Discovery Disclosure by Ford Motor Company (Kidd, D.) |
| DOCKET ANNOTATION as to #14 : This document is not signed in compliance with the courts Administrative Procedures for Electronic Case Filing (Sec. 3.D.) and Fed.R.Civ.P. Rule 11(a). Attorney is directed to refile the document with an appropriate signature. (LDR) |
| Filing 15 Corporate Disclosure Statement by Ford Motor Company (Kidd, D.) |
| Filing 14 **ERROR, DISREGARD THIS ENTRY** NOTICE of Service of Pre-Discovery Disclosure by Ford Motor Company (Kidd, D.) Modified on 4/26/2012 (LDR). |
| Filing 13 Rule 16(a) Initial Order: Telephonic Case Management Conference set for 5/2/2012 11:00 AM before Magistrate Judge Michael T. Parker. Counsel for plaintiff is responsible for initiating the conference call and shall contact Judge Parker's chambers (601.544.9100) when all parties are connected. Confidential settlement memoranda are due on or before 4/27/12. (KPM) |
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Filing 12
Memorandum Opinion and Order re #5 MOTION to Remand to State Court. Plaintiff's #5 Motion to Remand is denied and Defendant Bill Cooksey, d/b/a Cooksey Tire Service is dismissed with prejudice. Additionally, the stay in this case is lifted and the attorneys for the parties are directed to contact Magistrate Judge Michael T. Parker's chambers within ten days from the date of this order to set a scheduling conference. Signed by District Judge Keith Starrett on March 21, 2012 (dsl)
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| Filing 11 RESPONSE to Motion re #5 MOTION to Remand to State Court filed by Ford Motor Company (Attachments: #1 Exhibit "A" - Complaint filed in Tamara Walker v. Gigi Gardner and Ford Motor Company, #2 Exhibit "B" - Affidavit of Defendant Bill Cooksey)(Kidd, D.) |
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TEXT ONLY ORDER granting #10 Motion for Extension of Time to File Response re #5 MOTION to Remand to State Court. Responses due by 3/2/2012. Signed by District Judge Keith Starrett on 2/17/12. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. (scp)
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| Filing 10 Unopposed MOTION for Extension of Time to File Response/Reply as to #5 MOTION to Remand to State Court by Ford Motor Company (Kidd, D.) |
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Filing 9
ORDER granting Defendant Ford Motor Company's #7 Motion for Extension of Time to File Response to Plaintiff's #5 MOTION to Remand to State Court. Defendant Ford's Response is due on or before February 21, 2012. Signed by District Judge Keith Starrett on January 27, 2012 (dsl)
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Filing 8
ORDER STAYING CASE pending ruling on motion to remand. Signed by Magistrate Judge Michael T. Parker on January 26, 2012 (KPM)
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| Filing 7 Unopposed MOTION for Extension of Time to File Response/Reply as to #5 MOTION to Remand to State Court by Ford Motor Company (Kidd, D.) |
| Filing 6 MEMORANDUM in Support re #5 MOTION to Remand to State Court filed by Gigi W. Gardner (Quinn, James) |
| Filing 5 MOTION to Remand to State Court by Gigi W. Gardner (Quinn, James) |
| Filing 4 State Court Record by Defendant Ford Motor Company (Gunn, George) |
| Filing 3 NOTICE of Appearance by George Clanton Gunn, IV on behalf of Ford Motor Company (Gunn, George) |
| Filing 2 ANSWER to Complaint by Ford Motor Company.(Kidd, D.) |
| Filing 1 NOTICE OF REMOVAL by Ford Motor Company from Circuit Court of Jones County, MS, case number 2011-98-CV11. ( Filing fee $ 350 receipt number 24643001660) Pursuant to Rule L.U.Civ.R. 5(b): within 14 days removing party must electronically file the entire state court record as a single filing; and all parties shall, within fourteen days after the Case Management Conference, file as separate docket items any unresolved motions that were filed in state court which they wish to advance. (Attachments: #1 Civil Cover Sheet)(LDR) |
| DOCKET ANNOTATION as to #1:) Incomplete identification of filer: email address missing. L.U.Civ.R. Rule 11.(a) states that all filed, signed documents must contain counsels name, address, telephone number, fax number, e-mail address and counsels bar membership identification number. Attorney is advised to comply with this requirement in future filings. (LDR) |
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