Fernandez Gonzalez v. Valdes-Garcia et al
| Julio Fernandez Gonzalez |
| Katherin Valdes-Garcia, Hertz Corporation and ESIS, Inc. |
| Jorge Hernandez Roque |
| 2:2020cv01775 |
| September 24, 2020 |
| US District Court for the District of Nevada |
| Richard F Boulware |
| Nancy J Koppe |
| Motor Vehicle |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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Filing 65
ORDER Granting #64 Motion to Withdraw as Attorney. Tracee L Duthie and Joseph Ortuno withdrawn from the case. Signed by Magistrate Judge Nancy J. Koppe on 9/7/2021. (Copies have been distributed pursuant to the NEF - MR)
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| Filing 64 MOTION to Withdraw as Attorney NOTICE of Disassociation of Counsel by Jorge Hernandez Roque. (Van, Sandy) Modified on 9/3/2021 (EDS). |
| Filing 63 MINUTES OF PROCEEDINGS - Motion Hearing held on 8/31/2021 before the Honorable Richard F. Boulware, II. Crtrm Administrator: Blanca Lenzi; Pla Counsel: Jesse Sbaih, Esq.; Counsel for Intervenor Plaintiff: Michael Nixon, Esq.; Def Counsel: Randall Tindall, Esq., William Reeves, Esq.; Court Reporter: Patty Ganci; Time of Hearing: 9:06 AM - 9:35 AM; Courtroom: 7C; Parties are appearing by videoconference. The Court makes preliminary statements and hears representations from the parties. For the reasons stated on the record at the hearing, IT IS ORDERED that Defense Counsel William Reeves shall file a status report of the bankruptcy proceeding by September 21, 2021. IT IS FURTHER ORDERED that parties shall file a revised proposed discovery plan and motion schedule as directed by the Court by October 5, 2021. Defense Counsel may file a Partial Motion for Summary Judgment before the close of discovery on the issue of whether the claim is viable based on the bankruptcy proceeding. IT IS FURTHER ORDERED that (ECF No. #16 ) Motion to Strike #9 Response and (ECF No. #17 ) Motion for Sanctions are DENIED without prejudice. IT IS FURTHER ORDERED that (ECF No. #18 ) Motion for Summary Judgment Against Defendant ESIS, Inc, IS DENIED without prejudice. IT IS FURTHER ORDERED that (ECF No. #50 ) Motion to Strike #49 Further Request for Judicial Notice of Supplement to #35 Response to #18 Motion for Summary Judgment is also DENIED without prejudice. Plaintiff may refile the Motion for Summary Judgment after the status report of the bankruptcy proceedings is filed. IT IS FURTHER ORDERED that (ECF No. #22 ) Motion to Intervene is GRANTED. IT IS FURTHER ORDERED that (ECF No. #29 ) Defendant Katherin Valdes-Garcia's Motion to Dismiss is DENIED. The transcript of the hearing shall serve as the written Opinion and Order of the Court.(no image attached) (Copies have been distributed pursuant to the NEF - BEL) |
| Filing 62 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 8/25/2021.At the request and agreement of Counsel for the Parties, IT IS ORDERED that Hearing regarding #16 MOTION to Strike #9 Response, #17 MOTION for Sanctions, #18 MOTION for Summary Judgment Against Defendant ESIS, Inc., #22 MOTION to Intervene as Of Right Pursuant to FRCP 24(A)(2) and for Permissive Intervention Pursuant to FRCP 24(B)(1)(B), #29 MOTION to Dismiss, #50 MOTION to Strike re #49 Further Request for Judicial Notice set for August 27, 2021 at 1:45 PM is Vacated and RESET for August 31, 2021 at 9:00 AM in LV Courtroom 7C by videoconference before Judge Richard F. Boulware, II. (no image attached) (Copies have been distributed pursuant to the NEF - BEL) Modified date/time of hearing on 8/25/2021 (BEL). |
| Filing 61 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 8/24/2021. WHEREAS, this Court has found, due to the danger of the global pandemic to the community, including the parties, court staff and the attorneys of parties, that in-person appearances must be restricted whenever necessary and that this case is appropriate to be heard by videoconference; IT IS ORDERED that Hearing regarding #16 MOTION to Strike #9 Response, #17 MOTION for Sanctions, #18 MOTION for Summary Judgment Against Defendant ESIS, Inc., #22 MOTION to Intervene as Of Right Pursuant to FRCP 24(A)(2) and for Permissive Intervention Pursuant to FRCP 24(B)(1)(B), #29 MOTION to Dismiss, #50 MOTION to Strike re #49 Further Request for Judicial Notice is set for August 27, 2021 at 1:45 PM in LV Courtroom 7C by videoconference before Judge Richard F. Boulware, II. IT IS FURTHER ORDERED that members of the public seeking to have access to this hearing must, prior to the day of the hearing, contact the Court by email to request access to and receive permission to listen this hearing by telephone. Members of the public granted such access must join the remote proceedings prior to their official commencement. Once a remote proceeding has begun, no access will be granted to the proceeding. IT IS FURTHER ORDERED that the members of the public may contact the Courtroom Administrator at blanca_lenzi@nvd.uscourts.gov, or (702) 464-5470 with information on how to participate in the video conference if necessary. IT IS FURTHER ORDERED that no one or entity or organization, including but not limited to counsel, counsel's agents or staff, the Defendant, law enforcement agents/officers, members of the public, who participate in or listen to this proceeding may record it in any manner. Any individual, entity or organization that records this proceeding without written authorization of the Court shall be subject to civil and/or criminal contempt penalties by this Court.(no image attached) (Copies have been distributed pursuant to the NEF - BEL) |
| Filing 60 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Nancy J. Koppe on 8/5/2021. Each non-governmental party is required to file a certificate of interested parties concurrently with its first appearance in a case. Fed. R. Civ. P. 7.1(b)(1); Local Rule 7.1-1(c). Intervenor Plaintiff Jorge Hernandez Roque has not done so. Accordingly, Intervenor Plaintiff must file a certificate of interested parties no later than August 10, 2021. IT IS SO ORDERED. (no image attached) (Copies have been distributed pursuant to the NEF - JA) |
| Filing 59 REQUEST for Judicial Notice re #22 Motion to Intervene by Defendants ESIS, Inc., Hertz Corporation. (Reeves, William) |
| Filing 58 REPLY to Response to #50 Motion to Strike, by Plaintiff Julio Fernandez Gonzalez. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2) (Sbaih, Jesse) |
| Filing 57 CLERK'S NOTICE Regarding Local Rule IC 5-1(b). ECF Nos. #56 , #55 was not filed pursuant to LR IC 5-1(b) by Joseph Ortuno and Sandy Van. Please note the signatory must be the attorney or pro se party who electronically files the document. No further action is required concerning these documents at this time. Do NOT refile. (no image attached) (MMM) |
| Filing 56 WITHDRAWAL of #55 Unopposed Motion by Intervenor Plaintiff Jorge Hernandez Roque. (Van, Sandy) |
| Filing 55 Unopposed UNOPPOSED MOTION re #22 Motion to Intervene by Intervenor Plaintiff Jorge Hernandez Roque. (Van, Sandy) |
| Filing 54 RESPONSE to #50 Motion to Strike, by Defendant ESIS, Inc.. Replies due by 12/25/2020. (Attachments: #1 Declaration of William Reeves (Ex C)) (Reeves, William) |
| Filing 53 RESPONSE/OBJECTION to #52 Notice of Related Cases by Plaintiff Julio Fernandez Gonzalez. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2) (Sbaih, Jesse) Modified EVENT on 12/18/2020 (MMM). |
| Filing 52 NOTICE OF RELATED CASES 2:20-cv-01561-APG-BNW by Defendant Hertz Corporation. (Reeves, William) |
| Filing 51 CLERK'S NOTICE Regarding Local Rule IC 2-2(d). ECF No. #50 was not filed pursuant to LR IC 2-2(d). Documents must be linked to the document to which they pertain in the electronic filing system. The Clerk has modified the entry to properly establish the docket-entry relationship. Attorney Jesse Sbaih is advised to properly link all further filed documents. Do NOT refile ECF No. #50 . (no image attached) (MMM) |
| Filing 50 MOTION to Strike #49 FURTHER REQUEST for Judicial Notice by Plaintiff Julio Fernandez Gonzalez. Responses due by 12/24/2020. (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) (Sbaih, Jesse) Modified on 12/11/2020 to add document link (MMM). |
| Filing 49 FURTHER REQUEST for Judicial Notice re #35 Response to #18 Motion for Summary Judgment, by Defendant ESIS, Inc.. (Reeves, William) Modified text on 12/10/2020 (MMM). |
| Filing 48 REQUEST for Judicial Notice of Supplement to #35 Response to #18 Motion for Summary Judgment by Defendant ESIS, Inc.. (Reeves, William) Modified on 11/23/2020 to link to underlying motion (MMM). |
| Filing 47 CLERK'S NOTICE Regarding Local Rule IC 2-1(g). Filer's account information is different from the address information contained in the filed document, ECF No. #45 . Attorney Randall Tindall is advised to review and update his/her user account information. (no image attached) (MMM) |
| Filing 46 CLERK'S NOTICE Regarding Local Rule IC 5-1(b). ECF No. #45 was not filed pursuant to LR IC 5-1(b) by Mitchell Resnick and Randall Tindall. Please note the signatory must be the attorney or pro se party who electronically files the document. No further action is required concerning this document at this time. Do NOT refile. (no image attached) (MMM) |
| Filing 45 REPLY to Response to #29 Motion to Dismiss, by Defendant Katherin Valdes-Garcia. (Attachments: #1 Exhibit A, #2 Exhibit B) (Resnick, Mitchell) Modified text on 11/20/2020 (MMM). |
| Filing 44 REPLY/OBJECTION to Additional Facts and Arguments RE #34 REPLY to Response to #16 Motion to Strike, #17 Motion for Sanctions by Defendant Hertz Corporation. (Reeves, William) Modified text on 11/17/2020 and added link to underlying motions (MMM). |
| Filing 43 REPLY/OBJECTION to Additional Facts and Arguments re #42 REPLY to Response to #18 Motion for Summary Judgment, by Defendant ESIS, Inc.. (Reeves, William) Modified text on 11/17/2020 and added link to underlying motion (MMM). |
| Filing 42 REPLY to Response to #18 Motion for Summary Judgment, by Plaintiff Julio Fernandez Gonzalez. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9) (Sbaih, Jesse) |
| Filing 41 RESPONSE to #22 Motion to Intervene by Plaintiff Julio Fernandez Gonzalez. Replies due by 11/19/2020. (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, #7 Exhibit Exhibit 7) (Olevic-Saleh, Ines) |
| Filing 40 RESPONSE to #29 Motion to Dismiss,, by Plaintiff Julio Fernandez Gonzalez. Replies due by 11/19/2020. (Sbaih, Jesse) |
| Filing 39 AFFIDAVIT of Compliance-Third Amended re #23 Affidavit, by Plaintiff Julio Fernandez Gonzalez. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Sbaih, Jesse) |
| Filing 38 NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - #www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.) (no image attached) (MR) |
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Filing 37
SCHEDULING ORDER Granting in part and Denying in part #36 Discovery Plan and Scheduling Order. Discovery due by 3/30/2021. Motions due by 4/29/2021. Proposed Joint Pretrial Order due by 5/31/2021. Signed by Magistrate Judge Nancy J. Koppe on 11/9/2020. (Copies have been distributed pursuant to the NEF - MR)
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| Filing 36 Amended Stipulated Discovery Plan and Scheduling Order re #33 Order on Discovery Plan and Scheduling Order,, Order for Discovery Plan/Scheduling Order, by Defendant ESIS, Inc.. (Reeves, William) |
| Filing 35 RESPONSE to #18 Motion for Summary Judgment, by Defendant ESIS, Inc.. Replies due by 11/19/2020. (Attachments: #1 Declaration of William Reeves (Exs. 1-5)) (Reeves, William) |
| Filing 34 REPLY to Response to #16 Motion to Strike, #17 Motion for Sanctions, by Plaintiff Julio Fernandez Gonzalez. (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, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11) (Sbaih, Jesse) |
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Filing 33
ORDER Denying #27 Discovery Plan and Scheduling Order. All parties, except for Defendant Hertz, shall meet and confer and file a joint proposed discovery plan no later than 11/9/2020. Signed by Magistrate Judge Nancy J. Koppe on 11/2/2020. (Copies have been distributed pursuant to the NEF - MR)
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| Filing 32 CLERK'S NOTICE Regarding Local Rule IC 2-1(g). Filer's account information is different from the address information contained in the filed document, ECF No. #28 , #29 , and #30 . Attorney Randall Tindall is advised to review and update his/her user account information. (no image attached) (MMM) |
| Filing 31 CLERK'S NOTICE Regarding Local Rule IC 5-1(b). ECF No. #28 , #29 , and #30 were not filed pursuant to LR IC 5-1(b) by attorneys Randall Tindall and Mitchell Resnick. Please note the signatory must be the attorney or pro se party who electronically files the document. No further action is required concerning this document at this time. Do NOT refile. (no image attached) (MMM) |
| Filing 30 CERTIFICATE of Interested Parties by Katherin Valdes-Garcia. There are no known interested parties other than those participating in the case (Resnick, Mitchell) |
| Filing 29 MOTION to Dismiss by Defendant Katherin Valdes-Garcia. Responses due by 11/16/2020. Discovery Plan/Scheduling Order due by 12/17/2020. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Index) (Resnick, Mitchell) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. Modified text on 11/2/2020 (MMM). |
| Filing 28 NOTICE of Change of Address by Mitchell Resnick. (Resnick, Mitchell) |
| Filing 27 Proposed Discovery Plan and Scheduling Order by Plaintiff Julio Fernandez Gonzalez. (Sbaih, Jesse) |
| Filing 26 CLERK'S NOTICE Regarding Local Rule IC 2-1(g). Filer's account information is different from the address information contained in the filed document, ECF No. #22 . Attorney Tracee Duthie is advised to review and update his/her user account information. (no image attached) (MMM) |
| Filing 25 RESPONSE to #16 Motion to Strike, #17 Motion for Sanctions, by Defendant Hertz Corporation. Replies due by 11/5/2020. (Attachments: #1 Appendix Exs. A-K, #2 Declaration of William Reeves) (Reeves, William) |
| Filing 24 NOTICE of Corrected Image/Document re #23 Affidavit by Plaintiff Julio Fernandez Gonzalez. (Service of corrected image is attached.) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Sbaih, Jesse) |
| Filing 23 VIEW #24 corrected image to AFFIDAVIT of Compliance-Second Amended re #15 Affidavit by Plaintiff Julio Fernandez Gonzalez. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Sbaih, Jesse) Modified on 10/29/2020 (MMM). |
| Filing 22 MOTION to Intervene As Of Right Pursuant To Frcp 24(A)(2) And For Permissive Intervention Pursuant To Frcp 24(B)(1)(B by Intervenor Plaintiff Jorge Hernandez. Responses due by 11/12/2020. (Van, Sandy) |
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Filing 21
ORDER. The Court GRANTS #14 the motion to extend the deadline to effectuate service on Defendant and the request for leave to serve Defendant through the Nevada DMV. Signed by Magistrate Judge Nancy J. Koppe on 10/28/2020. (Copies have been distributed pursuant to the NEF - MR)
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| Filing 20 NOTICE of NON-OPPOSITION to #14 Motion, by Plaintiff Julio Fernandez Gonzalez. (Sbaih, Jesse) Modified on 10/22/2020 (MMM). |
| Filing 19 Joint STATUS REPORT by Defendants ESIS, Inc., Hertz Corporation. (Reeves, William) |
| Filing 18 MOTION for Summary Judgment Against Defendant ESIS, Inc. by Plaintiff Julio Fernandez Gonzalez. Responses due by 11/5/2020. (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, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9) (Sbaih, Jesse) |
| Filing 17 MOTION for Sanctions by Plaintiff Julio Fernandez Gonzalez. Responses due by 10/29/2020. (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, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11) (Sbaih, Jesse) |
| Filing 16 MOTION to Strike #9 Response by Plaintiff Julio Fernandez Gonzalez. Responses due by 10/29/2020. (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, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11) (Sbaih, Jesse) |
| Filing 15 AFFIDAVIT of Compliance (First Amended) re: Service on Defendant Valdes-Garcia re #5 Affidavit by Plaintiff Julio Fernandez Gonzalez. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Sbaih, Jesse) |
| Filing 14 MOTION for Extension of Time for Service to Allow Service through Nevada DMV re #2 Petition for Removal by Plaintiff Julio Fernandez Gonzalez. Responses due by 10/21/2020. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16) (Sbaih, Jesse) Modified motion type on 10/8/2020 (MMM). |
| Filing 13 NOTICE of Docket Correction to ECF No. #12 : Event changed by Court from Notice (Other) to STATEMENT REGARDING REMOVAL, pursuant to LR IC 2-2. (no image attached) (MMM) |
| Filing 12 STATEMENT REGARDING REMOVAL NOTICE by ESIS, Inc., Hertz Corporation re #3 Minute Order Removal Case,. (Reeves, William) Modified event on 10/1/2020 (MMM). |
| Filing 11 CERTIFICATE of Interested Parties by Hertz Corporation that identifies all parties that have an interest in the outcome of this case. Corporate Parent Hertz Global Holdings, Inc. for Hertz Corporation added. (Reeves, William) |
| Filing 10 CERTIFICATE of Interested Parties by ESIS, Inc. that identifies all parties that have an interest in the outcome of this case. Corporate Parent INA Financial Corporation, Corporate Parent INA Holdings Corporation, Corporate Parent Chubb Limited, Corporate Parent Chubb INA Holdings Inc., Corporate Parent INA Corporation, Corporate Parent Chubb Group Holdings Inc. for ESIS, Inc. added. (Reeves, William) |
| Filing 9 RESPONSE and NOTICE OF STAY to #2 Petition for Removal by Defendant Hertz Corporation. (Reeves, William) Modified on 10/1/2020 (MMM). |
| Filing 8 ANSWER with Jury Demand re #2 Petition for Removal filed by ESIS, Inc.. Discovery Plan/Scheduling Order due by 11/15/2020.(Reeves, William) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
| Filing 7 RECEIPT of Payment: $400.00, receipt number NVLAS072041. (MR) |
| Filing 6 CERTIFICATE of Interested Parties by Julio Fernandez Gonzalez. There are no known interested parties other than those participating in the case (Sbaih, Jesse) |
| Filing 5 AFFIDAVIT of Compliance re. Service on Defendant Valdes-Garcia re #2 Petition for Removal by Plaintiff Julio Fernandez Gonzalez. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Sbaih, Jesse) |
| Filing 4 STANDING ORDER. This case has been assigned to the Honorable Judge Richard F. Boulware, II. Judge Boulware's Chambers Practices, which are posted on the U.S. District Court, District of Nevada public website, may also be accessed directly via this hyperlink: #www.nvd.uscourts.gov. (Copies have been distributed pursuant to the NEF - MR) |
| Filing 3 MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 9/24/2020. Statement regarding removed action is due by 10/9/2020. Joint Status Report regarding removed action is due by 10/24/2020. (Copies have been distributed pursuant to the NEF - MR) |
| Filing 2 PETITION FOR REMOVAL from Eighth Judicial District Court, Case Number A-20-815074-C, by ESIS, Inc., Hertz Corporation. (Attachments: #1 Civil Cover Sheet) (MR) |
| Filing 1 The clerk's office has received the Notice of Removal and will enter it on the docket. Attorney William Reeves is advised to bring the payment to the clerks office with the case number written on the check and put it in the drop box or mail it to the clerks office. (DKJ) |
| Case randomly assigned to Judge Richard F. Boulware, II and Magistrate Judge Nancy J. Koppe. (MR) |
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