Canning Logistics Services, LLC v. Baxter Bailey & Associates, Inc. et al
| Canning Logistics Services, LLC |
| Baxter Bailey & Associates, Inc, Baxter Bailey & Associates, Inc., JT Reesor and Paul Fowler |
| 8:2017cv00116 |
| April 5, 2017 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Laurie Smith Camp |
| FA Gossett |
| Michael D Nelson |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Injunctive & Declaratory Relief |
| None |
Docket Report
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Filing 62
MEMORANDUM AND ORDER that the Findings and Recommendation, ECF No. #60 , are adopted. Any other pending motions are terminated. The above-captioned action is dismissed, without prejudice. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to Plaintiff) (LAC)
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| Filing 61 TEXT MINUTE ENTRY - for Planning Conference held before Magistrate Judge Michael D. Nelson by telephone on 10/13/2017. Counsel for Defendant appeared for the conference. No counsel for Plaintiff appeared. F&R recommending dismissal issued. (SMN) |
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Filing 60
FINDINGS AND RECOMMENDATION - IT IS HEREBY RECOMMENDED TO CHIEF JUDGE LAURIE SMITH CAMP that the above-captioned case be dismissed, without prejudice. The Clerk of Court shall mail a copy of this Findings and Recommendation to: Tim M. Lukowski, Canning Logistics Services, LLC, 13924 Gold Circle, Suite #102, Omaha, Nebraska, 68144. Ordered by Magistrate Judge Michael D. Nelson. (Copies mailed as directed)(LAC)
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Filing 59
TEXT ORDER granting #58 Defendants' Motion for Enlargement of Time. The parties shall have an extension of time to October 24, 2017, to file any motion to amend pleadings and/or add parties. Ordered by Magistrate Judge Michael D. Nelson. (SMN)
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| Filing 58 MOTION to Extend Time to Amend Pleadings and Add Parties by Attorney Jeffrey D. Cohen on behalf of Defendants Baxter Bailey & Associates, Inc., Paul Fowler, JT Reesor. (Attachments: #1 Proposed Order)(Cohen, Jeffrey) Modified on 9/22/2017 to correct text per attorney (KLF). |
| Filing 57 NOTICE of Withdrawal as Counsel by Attorney Matthew P. Saathoff on behalf of Plaintiff Canning Logistics Services, LLC (Saathoff, Matthew) |
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Filing 56
ORDER that the Motion to Withdraw as Counsel #54 filed by The Saathoff Law Group, PC, LLO, and its attorneys, Matthew P. Saathoff and Donald Loudner, III, is granted. Because Canning Logistics Services, LLC, cannot litigate in this forum without representation by licensed counsel, on or before October 10, 2017, Canning Logistics Services, LLC, shall obtain the services of new counsel and have that attorney file an appearance on its behalf. If substitute counsel does not enter an appearance by October 10, 2017, the Court may dismiss the instant action without further notice. The Clerk of Court shall mail a copy of this Order to Canning Logistics Services, LLC, at: 13924 Gold Circle, Ste. 102, Omaha, Nebraska, 68144. Ordered by Magistrate Judge Michael D. Nelson. (Copy mailed as directed) (MBM)
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| Filing 55 REPLY regarding MOTION to Withdraw as Attorney #54 by Attorney Jeffrey D. Cohen on behalf of Defendants Baxter Bailey & Associates, Inc., Paul Fowler, JT Reesor.(Cohen, Jeffrey) |
| Filing 54 MOTION to Withdraw as Attorney by Attorney Matthew P. Saathoff on behalf of Plaintiff Canning Logistics Services, LLC.(Saathoff, Matthew) |
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Filing 53
CASE CONFERENCE INSTRUCTIONS. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). Ordered by Magistrate Judge Michael D. Nelson. (LAC)
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| Filing 52 DISCLOSURE of Plaintiff's Initial Disclosures by Attorney Matthew P. Saathoff on behalf of Plaintiff Canning Logistics Services, LLC. (Attachments: #1 Exhibit)(Saathoff, Matthew) |
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Filing 51
TEXT ORDER granting #50 Joint Motion for Enlargement of Time to serve mandatory disclosures. The Mandatory Disclosures described in Fed. R. Civ. P. 26(a)(1) shall be served by August 23, 2017. Ordered by Magistrate Judge Michael D. Nelson. (SMN)
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| Filing 50 JOINT MOTION to Extend Time to File Mandatory Disclosures by Attorney Matthew P. Saathoff on behalf of Plaintiff Canning Logistics Services, LLC.(Saathoff, Matthew) |
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Filing 49
ORDER FOR INITIAL PROGRESSION OF CASE - Counsel for plaintiff shall initiate the planning conference call to the court at 9:30 a.m. on 10/13/2017. Counsel shall notify the undersigned magistrate judge by joint or separate letters by September 8, 2017 addressing mediation requirements. Planning Conference set for 10/13/2017 at 09:30 AM by Telephone before Magistrate Judge Michael D. Nelson. Ordered by Magistrate Judge Michael D. Nelson. (LAC)
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| Filing 48 REPORT of Rule 26(f) Planning Meeting by Attorney Donald E. Loudner, III on behalf of Plaintiff Canning Logistics Services, LLC.(Loudner, Donald) |
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Filing 47
TEXT REASSIGNMENT ORDER - Following Magistrate Judge Gossett's retirement on June 30, 2017, all pending civil and criminal cases previously assigned to Magistrate Judge Gossett are reassigned to Magistrate Judge Nelson for judicial supervision and processing of all pretrial matters. Case reassigned to Magistrate Judge Michael D. Nelson. Magistrate Judge F.A. Gossett no longer assigned to the case. Ordered by Chief Judge Laurie Smith Camp. (CCB)
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Filing 46
TEXT ORDER granting #45 Joint Motion to Extend. The Rule 26 Meeting Report Deadline is extended to 7/7/2017. Ordered by Magistrate Judge F.A. Gossett. (SMN)
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| Filing 45 JOINT MOTION to Extend Time to File Rule 26(f) Report by Attorney Matthew P. Saathoff on behalf of Plaintiff Canning Logistics Services, LLC.(Saathoff, Matthew) |
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Filing 44
MEMORANDUM AND ORDER that Canning's Motion to Extend Deadline to File Bond, ECF No. #37 , is denied. Defendants' Motion to Vacate Preliminary Injunction, ECF No. #39 , is granted. The Preliminary Injunction, entered at ECF No. #34 , is vacated. Ordered by Chief Judge Laurie Smith Camp. (LAC)
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Filing 43
TEXT ORDER - The parties are directed to meet and confer and file a jointly prepared Rule 26 Meeting Report on or before 6/23/2017. Ordered by Magistrate Judge F.A. Gossett. (SMN)
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Filing 42
TEXT STRIKE ORDER that Pursuant to NEGenR 1.3(a)(4), the Report of Rule 26(f) Planning Meeting #41 is stricken for the following reason: that it was not jointly prepared and filed by counsel for all parties. Ordered by Magistrate Judge F.A. Gossett. (LAC)
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| Filing 41 STRICKEN - REPORT of Rule 26(f) Planning Meeting by Attorney Matthew P. Saathoff on behalf of Plaintiff Canning Logistics Services, LLC.(Saathoff, Matthew) Modified on 6/13/2017 to include stricken per # 42 Order (LAC). |
| Filing 40 TEXT NOTICE OF INCORRECT EVENT used when filing the Objection #38 by Deputy Clerk. In the future, use the event Brief. (MBM) |
| Filing 39 MOTION to Set Aside Order on Motion for Preliminary Injunction,,, #34 by Attorney Jeffrey D. Cohen on behalf of Defendants Baxter Bailey & Associates, Inc., Paul Fowler, JT Reesor.(Cohen, Jeffrey) |
| Filing 38 BRIEF in Opposition to the Motion to Extend #37 by Attorney Jeffrey D. Cohen on behalf of Defendants Baxter Bailey & Associates, Inc., Paul Fowler, JT Reesor.(Cohen, Jeffrey) Modified on 6/8/2017 to change from Objection to Brief per chambers. (MBM) |
| Filing 37 MOTION to Extend Deadline to File Bond by Attorney Matthew P. Saathoff on behalf of Plaintiff Canning Logistics Services, LLC.(Saathoff, Matthew) |
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Filing 36
TEXT ORDER granting #35 Motion to Extend. The Rule 26 Meeting Report Deadline is extended to 6/9/2017. Ordered by Magistrate Judge F.A. Gossett. (ARL, )
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| Filing 35 MOTION to Extend Time to file Rule 26(f) Report by Attorney Matthew P. Saathoff on behalf of Plaintiff Canning Logistics Services, LLC.(Saathoff, Matthew) |
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Filing 34
MEMORANDUM AND ORDER - Plaintiff Canning Logistical Services, LLC's Motion for Preliminary Injunction, ECF No. #15 , is granted in part as follows: a. Defendants are enjoined from attempting to collect on any debts allegedly owed by Plaintiff Canning Logistical Services, LLC, to Cyclone Carriers, LTD; b. Defendants are enjoined from contacting any customers of Plaintiff Canning Logistical Services, LLC, for the purpose of collecting any debts allegedly owed by Plaintiff Canning Logistical Services, LLC to Cyclone Carriers, LTD; 8 c. To the extent the Motion seeks the issuance of a preliminary injunction, it is otherwise denied; and 2. Within fourteen days of the date of this order, Plaintiff Canning Logistical Services, LLC will remit to the Clerk of the Court security in the amount of $350,000. Ordered by Chief Judge Laurie Smith Camp. (E-mailed to Finance) (LAC)
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| Filing 33 TEXT MINUTE ENTRY for proceedings held before Chief Judge Laurie Smith Camp. Hearing held in Omaha. Hearing on Plaintiff's Motion for Preliminary Injunction, Part 2 of Filing No. 15. The court takes judicial notice of all evidentiary materials that have been submitted to the court and are a part of the court file. Oral argument held. The motion is deemed submitted. Written order forthcoming. Courtroom Deputy: Kathy Griess; Court Reporter: Brenda Fauber; Appearance for Plaintiff: Matthew P. Saathoff; Appearance for Defendant: Jeffrey D. Cohen Appeared Telephonically. Time Start: 2:06 PM; Time Stop: 3:16 PM; Time in Court: 1 Hour 10 Minutes. (KMG) |
| Filing 32 INDEX in opposition to MOTION for Preliminary Injunction by Attorney Jeffrey D. Cohen on behalf of Defendants Baxter Bailey & Associates, Inc., Paul Fowler, JT Reesor. (Attachments: #1 Affidavit Second Affidavit of Kevin Hohbach)(Cohen, Jeffrey) |
| Filing 31 INDEX of Exhibits (Second) by Attorney Matthew P. Saathoff on behalf of Plaintiff Canning Logistics Services, LLC. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4)(Saathoff, Matthew) |
| Filing 30 INDEX in opposition to MOTION for Preliminary Injunction by Attorney Jeffrey D. Cohen on behalf of Defendants Baxter Bailey & Associates, Inc., Paul Fowler, JT Reesor. (Attachments: #1 Affidavit of Paul Fowler with attached Exhibits A-C, #2 Affidavit of JT Reesor with attached Exhibit A, #3 Affidavit of Kevin Hohback with attached Exhibit A, #4 Affidavit of Russell A. Keast with attached Exhibit A, #5 Affidavit of Paul Goracke)(Cohen, Jeffrey) |
| Filing 29 INDEX of Exhibits by Attorney Matthew P. Saathoff on behalf of Plaintiff Canning Logistics Services, LLC. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6)(Saathoff, Matthew) |
| Filing 28 ATTORNEY LETTER by Clerk that Attorney Donald E. Loudner has not registered for admittance to practice or registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (KLF) |
| Filing 27 NOTICE of Appearance of Co-Counsel by Attorney Matthew P. Saathoff on behalf of Plaintiff Canning Logistics Services, LLC (Saathoff, Matthew) |
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Filing 26
MEMORANDUM AND ORDER that Plaintiff Canning Logistical Services, LLC's Motion for Temporary Restraining Order, ECF No. #15 , is granted in part as follows: a. Defendants are temporarily restrained from attempting to collect on any debts allegedly owed by Plaintiff Canning Logistical Services, LLC, to Cyclone Carriers, LTD; b. Defendants are temporarily restrained from contacting any customers of Plaintiff Canning Logistical Services, LLC, for the purpose of collecting any debts allegedly owed by Plaintiff Canning Logistical Services, LLC to Cyclone Carriers, LTD; c. To the extent the Motion seeks the issuance of a temporary restraining order, it is otherwise denied. The portion of the Motion, ECF No. #15 , seeking the issuance of a preliminary injunction remains pending before the Court. Ordered by Chief Judge Laurie Smith Camp. (LAC)
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Filing 25
TEXT ORDER Setting Hearing on MOTION for Preliminary Injunction. Motion Hearing set for 5/11/2017 at 02:00 PM in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Chief Judge Laurie Smith Camp. Ordered by Chief Judge Laurie Smith Camp. (MKR)
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| Filing 24 TEXT MINUTE ENTRY for proceedings held before Chief Judge Laurie Smith Camp. Motion Hearing held on 5/1/2017 regarding MOTION for Temporary Restraining Order #15 . Oral arguments by plaintiff and Defendant. Written order forthcoming. Hearing held in Omaha. Courtroom Deputy: Mary Roundtree; Reporter: Brenda Fauber ; Appearance for Plaintiff: Matthew P. Saathoff: Appearance for Defendant: Jeffrey D. Cohen (via telephone); Time Start: 2:37 PM; Time Stop: 3:12 PM; Time in Court: 35 Minutes. (MKR) |
| Filing 23 INDEX Brief #22 by Attorney Jeffrey D. Cohen on behalf of Defendants Baxter Bailey & Associates, Inc., Paul Fowler, JT Reesor. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Cohen, Jeffrey) |
| Filing 22 BRIEF in opposition to MOTION for Temporary Restraining Order and Preliminary Injunction #15 by Attorney Jeffrey D. Cohen on behalf of Defendants Baxter Bailey & Associates, Inc., Paul Fowler, JT Reesor.(Cohen, Jeffrey) |
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Filing 21
TEXT ORDER Setting Hearing on MOTION for Temporary Restraining Order and Preliminary Injunction #15 . Motion Hearing set for 5/1/2017 at 02:30 PM in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Chief Judge Laurie Smith Camp. Ordered by Chief Judge Laurie Smith Camp. (MKR)
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Filing 20
SCHEDULING LETTER setting the Rule 26 Meeting Report Deadline for 5/26/2017. Please use the 12/1/2016 revised "Form 35 (Rule 26(f)) Report" available on the court's website, www.ned.uscourts.gov. Ordered by Magistrate Judge F.A. Gossett. (ARL, )
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| Filing 19 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney Jeffrey D. Cohen on behalf of Defendants Baxter Bailey & Associates, Inc., Paul Fowler, JT Reesor.(Cohen, Jeffrey) |
| Filing 18 ANSWER to Complaint by Baxter Bailey & Associates, Inc., JT Reesor and Paul Fowler. (Cohen, Jeffrey) Modified on 4/26/2017 to add defendants Reesor and Fowler at request of office of Jeffrey Cohen. (MBM) |
| PART 2 OF 2 #15 - MOTION for Preliminary Injunction by Attorney Matthew P. Saathoff on behalf of Plaintiff Canning Logistics Services, LLC. (MKR) |
| Filing 17 INDEX in support of MOTION for Temporary Restraining Order and Preliminary Injunction #15 by Attorney Matthew P. Saathoff on behalf of Plaintiff Canning Logistics Services, LLC. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4)(Saathoff, Matthew) |
| Filing 16 BRIEF in support of MOTION for Temporary Restraining Order and Preliminary Injunction #15 by Attorney Matthew P. Saathoff on behalf of Plaintiff Canning Logistics Services, LLC.(Saathoff, Matthew) |
| Filing 15 MOTION for Temporary Restraining Order by Attorney Matthew P. Saathoff on behalf of Plaintiff Canning Logistics Services, LLC. PART 1 OF 2(Saathoff, Matthew) Modified on 5/1/2017 to reflect document is a 2-part motion (MKR). |
| Filing 14 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney Matthew P. Saathoff on behalf of Plaintiff Canning Logistics Services, LLC.(Saathoff, Matthew) |
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Filing 13
TEXT ORDER granting #12 Motion to Withdraw as Attorney. Paul D. Keenan is granted leave to withdraw as counsel for the defendants. Mr. Keenan will no longer receive electronic notice regarding the above-captioned case. Ordered by Magistrate Judge F.A. Gossett. (SMN)
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| Filing 12 MOTION to Withdraw as Attorney , Paul D. Keenan by Attorney Jeffrey D. Cohen on behalf of Defendant Baxter Bailey & Associates, Inc..(Cohen, Jeffrey) |
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Filing 11
TEXT ORDER denying as moot #10 Stipulated Motion for Extension. The motion is identical to the Stipulated Motion for Extension at filing #8 , which the Court previously granted by text order at filing #9, dated 4/13/2017. Ordered by Magistrate Judge F.A. Gossett. (SMN)
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| Filing 10 UNOPPOSED MOTION for Extension of Time to File a Responsive Pleading by Attorney Jeffrey D. Cohen on behalf of Defendant Baxter Bailey & Associates, Inc..(Cohen, Jeffrey) |
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Filing 9
TEXT ORDER granting #8 Stipulated Motion for Extension. Defendants shall have an extension of time to April 26, 2017, to file an answer or otherwise respond to the Complaint. Ordered by Magistrate Judge F.A. Gossett. (SMN)
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| Filing 8 UNOPPOSED MOTION for Extension of Time to File a Responsive Pleading by Attorney Paul D. Keenan on behalf of Defendant Baxter Bailey & Associates, Inc..(Keenan, Paul) |
| Filing 7 APPLICATION/ORDER admitting pro hac vice Attorney Jeffrey D. Cohen for Defendants Baxter Bailey & Associates, Inc., Paul Fowler, JT Reesor. Ordered by Deputy Clerk. (LAC) |
| Filing 6 AFFIDAVIT of Tim Lukowski on Behalf of Plaintiff by Attorney Matthew P. Saathoff on behalf of Plaintiff Canning Logistics Services, LLC.(Saathoff, Matthew) |
| Filing 5 ATTORNEY LETTER by Clerk that Attorney Jeffrey D. Cohen has not registered for admittance to practice or registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (LAC) |
| Filing 4 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Defendant Baxter Bailey & Associates, Inc.. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires. (LAC) |
| Filing 3 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Plaintiff Canning Logistics Services, LLC. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires. (LAC) |
| Filing 2 TEXT NOTICE OF JUDGES ASSIGNED: Chief Judge Laurie Smith Camp and Magistrate Judge F.A. Gossett assigned. (LAC) |
| Filing 1 NOTICE OF REMOVAL against Canning Logistics Services, LLC from Douglas, Case number CI 17-2230 ( Filing fee $ 400, receipt number 0867-3421387) with attached state court pleadings, by Attorney Jeffrey A. Nix on behalf of Baxter Bailey & Associates, Inc., Paul Fowler, JT Reesor (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Nix, Jeffrey) |
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