International Markets Live, Inc. v. Thayer
| International Markets Live, Inc. doing business as iMARKETSLIVE |
| Matthew Thayer |
| 2:2022cv00077 |
| January 14, 2022 |
| US District Court for the District of Nevada |
| Daniel J Albregts |
| Richard F Boulware |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on September 16, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 55 RESPONSE to #45 Motion to Dismiss by Plaintiff International Markets Live, Inc.. Replies due by 9/8/2022. (Attachments: #1 Exhibit)(Robinson, George) |
Filing 54
ORDER Granting #53 Stipulation for Extension of Time (First Request). Responses re #45 Motion to Dismiss due by 9/1/2022. Signed by Judge Richard F. Boulware, II on 9/1/2022. (Copies have been distributed pursuant to the NEF - TRW)
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| Filing 53 STIPULATION FOR EXTENSION OF TIME (First Request) re #45 Motion to Dismiss by Plaintiff International Markets Live, Inc.. (Robinson, George) (extend) (sumjgm) |
| Filing 52 SUPPLEMENT to #42 Motion for TRO by Plaintiff International Markets Live, Inc.. (Attachments: #1 Exhibit)(Robinson, George) |
| Filing 51 SUPPLEMENT to #42 Motion for TRO (Supplemental Opposition) by Defendant Matthew Thayer (Silvestri, Jeffrey) |
| Filing 50 MINUTES OF PROCEEDINGS - Motion Hearing held on 8/17/2022 before the Honorable Richard F. Boulware, II. Crtrm Administrator: Blanca Lenzi; Pla Counsel: George Robinson, Esq.; Def Counsel: Jeffrey Silvestri, Esq.; Court Reporter: Patty Ganci; Time of Hearing: 8:41 AM - 9:01 AM; Courtroom: 7C; Counsel for the parties are present appearing by videoconference. The Court makes preliminary statements and hears representations from the parties. For the reasons stated on the record, IT IS ORDERED that Defendant file any supplement to its Response (ECF No. #48 ) to Plaintiff's TRO (ECF No. #42 ) by Monday, August 22, 2022. IT IS FURTHER ORDERED that Plaintiff file its reply to Defendant's opposition to the TRO by Wednesday, August 24, 2022. (no image attached) (Copies have been distributed pursuant to the NEF - BEL) |
| Filing 49 DECLARATION of Matthew Thayer re #48 Response by Defendant Matthew Thayer.. (Silvestri, Jeffrey) |
| Filing 48 RESPONSE to #42 Motion for TRO by Defendant Matthew Thayer. Replies due by 8/22/2022. (Silvestri, Jeffrey) |
| Filing 47 DECLARATION of Jeff Silvestri re #45 Motion to Dismiss by Defendant Matthew Thayer.. (Silvestri, Jeffrey) |
| Filing 46 DECLARATION of Matthew Thayer re #45 Motion to Dismiss by Defendant Matthew Thayer.. (Silvestri, Jeffrey) |
| Filing 45 MOTION to Dismiss #41 Amended Complaint by Defendant Matthew Thayer. Responses due by 8/29/2022. (Attachments: #1 Exhibit A, #2 Exhibit B)(Silvestri, Jeffrey) |
| Filing 44 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 8/14/2022. 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 a Hearing re: #42 MOTION for Temporary Restraining Order set for August 17, 2022 is ADVANCED in time Only to 8:00 AM by videoconference appearance 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, 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, counsels 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 43 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 8/8/2022. In light of #42 Motion for Temporary Restraining Order, the Court will set a hearing for August 17, 2022 at 2:30 PM by videoconference before Judge Richard F. Boulware, II. Further details regarding this hearing will be forthcoming.Accordingly, Defendant is required to respond to #42 Motion for Temporary Restraining Order by August 15, 2022. Further, because #42 Motion for Temporary Restraining Order is an updated and renewed motion, IT IS ORDERED that #5 Ex Parte Motion for Temporary Restraining Order is DENIED without prejudice. (no image attached) (Copies have been distributed pursuant to the NEF - BEL) |
| Filing 42 MOTION for Temporary Restraining Order by Plaintiff International Markets Live, Inc.. Responses due by 8/19/2022. (Attachments: #1 Exhibit Exhibits 1-5)(Robinson, George) |
| Filing 41 Second AMENDED COMPLAINT against Matthew Thayer by International Markets Live, Inc.. No changes to parties. (Kerr, P.) |
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Filing 40
ORDER Granting #39 Stipulation to File Second Amended Complaint. Amended Complaint deadline: 7/31/2022. Signed by Judge Richard F. Boulware, II on 7/11/2022. (Copies have been distributed pursuant to the NEF - YAW)
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| Filing 39 STIPULATION to File Second Amended Complaint by Defendant Matthew Thayer. by Defendant Matthew Thayer. (Silvestri, Jeffrey) (other) (pleading) |
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Filing 38
ORDER Granting #37 Stipulation for Extension of Time (Second Request) re 33 Order on Motion for Leave to File Document, Order on Motion to Dismiss, Motion Hearing, Terminate Deadlines/Hearings. Defendant answer due 7/5/2022. Responses due by 7/20/2022. Replies due by 7/27/2022. Signed by Judge Richard F. Boulware, II on 6/27/2022. (Copies have been distributed pursuant to the NEF - YAW)
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| Filing 37 STIPULATION FOR EXTENSION OF TIME (Second Request) re Discovery re 33 Order on Motion for Leave to File Document,,,,,,, Order on Motion to Dismiss,,,,,,, Motion Hearing,,,,,,, Terminate Deadlines/Hearings,,,,,, by Defendant Matthew Thayer. (Teegarden, Tara) |
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Filing 36
ORDER Granting #35 Stipulation for Extension of Time (First Request) re 33 Order on Motion for Leave to File Document, Order on Motion to Dismiss, Motion Hearing, Terminate Deadlines/Hearings. Defendant Matthew Thayer answer due 6/28/2022. Motions due by 6/20/2022. Responses due by 7/13/2022. Replies due by 7/20/2022. Signed by Judge Richard F. Boulware, II on 6/20/2022. (Copies have been distributed pursuant to the NEF - YAW)
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| Filing 35 STIPULATION FOR EXTENSION OF TIME (First Request) re Discovery re 33 Order on Motion for Leave to File Document,,,,,,, Order on Motion to Dismiss,,,,,,, Motion Hearing,,,,,,, Terminate Deadlines/Hearings,,,,,, by Defendant Matthew Thayer. (Teegarden, Tara) |
| Filing 34 AMENDED COMPLAINT against Matthew Thayer by International Markets Live, Inc. No changes to parties. (YAW) |
| Filing 33 MINUTES OF PROCEEDINGS - Motion Hearing held on 6/6/2022 before the Honorable Richard F. Boulware, II. Crtrm Administrator: Melissa Johansen; Pla Counsel: George Robinson, Esq.; Def Counsel: Jeffrey Silvestri, Esq.; Court Reporter: Patty Ganci; Time of Hearing: 1:14 PM - 1:32 PM; Courtroom: 7C; Plaintiff and Defense counsel are present appearing by videoconferencing for proceedings. The Court makes preliminary statements and hears representations regarding the various motions. For the reasons stated on the record, IT IS ORDERED that #32 Motion for Leave to File Amended Complaint is GRANTED. The Clerk of the Court is directed to file the amended complaint at ECF No. 32.1 as the operative complaint in this case.Accordingly, IT IS FURTHER ORDERED that #13 Motion to Dismiss is DENIED without prejudice to refile a motion to dismiss, if desired, in response to the amended complaint. Such a motion will be due on or before June 21, 2022. Any response by Plaintiff will be due to the Court on or before July 6, 2022. Any subsequent reply will be due on or before July 13, 2022. Additionally, the parties are directed to meet and confer to discuss whether they anticipate that jurisdictional discovery or an evidentiary hearing to determine jurisdictional facts will be necessary. The parties are directed to submit an appropriate stipulation to the Court on or before June 13, 2022. The Transcript shall be the Opinion and Order of the Court. (no image attached) (Copies have been distributed pursuant to the NEF - BEL) |
| Filing 32 MOTION for Leave to File Amended Complaint re #1 Complaint, by Plaintiff International Markets Live, Inc.. (Attachments: #1 Exhibit 1) (Robinson, George) |
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Filing 31
ORDER Granting #29 Stipulation to Continue (Second Request) Hearing on Plaintiff's Motion for Temporary Restraining Order and Request For a Preliminary Injunction re #5 Ex Parte Motion. Signed by Judge Richard F. Boulware, II on 5/16/2022. (Copies have been distributed pursuant to the NEF - YAW)
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| Filing 30 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 5/16/2022. 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 a Hearing re: #13 MOTION to Dismiss is set for June 6, 2022 at 1:00 PM by videoconference appearance 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", 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 29 STIPULATION TO CONTINUE (Second Request) Hearing on Plaintiff's Motion For Temporary Restraining Order and Request For a Preliminary Injunction re #5 Ex Parte Motion by Defendant Matthew Thayer. (Teegarden, Tara) |
| Filing 28 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 5/3/2022. 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 a Hearing re: #5 Motion For Temporary Restraining Order and Request for a Preliminary Injunction Hearing is set for May 18, 2022 at 11:00 AM by videoconference appearance 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", 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 27 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 5/3/2022. IT IS ORDERED that #10 STIPULATION to Continue (First Request) re: Hearing on #5 Motion For Temporary Restraining Order and Request for a Preliminary Injunction Hearing is GRANTED.IT IS FURTHER ORDERED that a Hearing regarding #5 Motion For Temporary Restraining Order and Request for a Preliminary Injunction Hearing is set for May 18, 2022 at 11:00 AM by videoconference before Judge Richard F. Boulware, II. IT IS FURTHER ORDERED that Defendant's response to #5 Motion shall be due May 11, 2022 with Plaintiff's response due May 16, 2022.(no image attached) (Copies have been distributed pursuant to the NEF - BEL) |
| Filing 26 REPLY to Response to #13 Motion to Dismiss, by Defendant Matthew Thayer. (Attachments: #1 Exhibit A, #2 Exhibit B) (Silvestri, Jeffrey) |
| Filing 25 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) (JQC) |
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Filing 24
SCHEDULING ORDER Granting #23 Discovery Plan and Scheduling Order. Discovery due by 8/29/2022. Motions due by 9/28/2022. Proposed Joint Pretrial Order due by 10/28/2022. Signed by Magistrate Judge Daniel J. Albregts on 4/18/2022.(Copies have been distributed pursuant to the NEF - JQC)
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| Filing 23 Proposed Discovery Plan and Scheduling Order by Defendant Matthew Thayer. (Teegarden, Tara) |
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Filing 22
ORDER Granting #21 Stipulation for Extension of Time (First Request) Extending Defendant's Deadline to File Reply re #20 Response. Replies due by 4/26/2022. Signed by Judge Richard F. Boulware, II on 4/14/2022. (Copies have been distributed pursuant to the NEF - YAW)
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| Filing 21 STIPULATION FOR EXTENSION OF TIME (First Request) Extending Defendant's Deadline to File Reply re #13 Motion to Dismiss by Defendant Matthew Thayer. (Teegarden, Tara) Modified to link to underlying motion on 4/14/2022 (EDS). |
| Filing 20 RESPONSE to #13 Motion to Dismiss, by Plaintiff International Markets Live, Inc.. Replies due by 4/12/2022. (Attachments: #1 Exhibit) (Robinson, George) |
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Filing 19
ORDER Granting #18 Stipulation for Extension of Time (Second Request) re #13 Motion to Dismiss. Responses due by 4/5/2022. Signed by Judge Richard F. Boulware, II on 3/29/2022. (Copies have been distributed pursuant to the NEF - YAW)
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| Filing 18 Second STIPULATION FOR EXTENSION OF TIME (Second Request) by Plaintiff International Markets Live, Inc.. (Robinson, George) |
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Filing 17
ORDER Granting #16 Stipulation for Extension of Time (First Request) to Respond re #13 Motion to Dismiss. Responses due by 3/29/2022. Signed by Judge Richard F. Boulware, II on 3/15/2022. (Copies have been distributed pursuant to the NEF - YAW)
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| Filing 16 STIPULATION FOR EXTENSION OF TIME (First Request) to Respond to #13 Defendant's Motion to Dismiss by Plaintiff International Markets Live, Inc. (Kerr, Preston) Modified to link to underlying motion on 3/15/2022 (EDS). |
| Filing 15 CERTIFICATE of Interested Parties by Matthew Thayer. There are no known interested parties other than those participating in the case (Works, Ryan) |
| Filing 14 DECLARATION of Matthew Thayer re #13 Motion to Dismiss, by Defendant Matthew Thayer. (Works, Ryan) |
| Filing 13 MOTION to Dismiss by Defendant Matthew Thayer. Responses due by 3/15/2022. Discovery Plan/Scheduling Order due by 4/15/2022. (Attachments: #1 Exhibit A) (Works, Ryan) 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 12 AFFIDAVIT of Service re #5 Ex Parte Motion, #1 Complaint, by Plaintiff International Markets Live, Inc.. (Robinson, George) |
| Filing 11 MINUTES OF PROCEEDINGS - Motion Hearing held on 2/11/2022 before the Honorable Richard F. Boulware, II. Crtrm Administrator: Blanca Lenzi; Pla Counsel: George Robinson, Esq.; Def Counsel: Ryan Works, Esq.; Court Reporter: Tara teegarden, Esq.; Time of Hearing: 12:19 PM - 12:25 PM; Courtroom: 7C; Counsel are present appearing by videoconferencing at this proceeding. The Court makes preliminary statements and hears representations of counsel and parties regarding #5 Temporary Restraining Order.For the reasons stated on the record, IT IS ORDERED that parties submit a stipulation to this court addressing scheduling issues as discussed on the record before Monday, February 14, 2022.(no image attached) (Copies have been distributed pursuant to the NEF - BEL) |
| Filing 10 STIPULATION TO CONTINUE (First Request) Hearing on Motion For Temporary Restraining Order and Request For Preliminary Injunction Hearing re #5 Ex Parte Motion by Defendant Matthew Thayer. (Works, Ryan) |
| Filing 9 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 2/3/2022. 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 re: #5 Ex Parte Motion for Temporary Restraining Order is set for February 11, 2022 at 11:45 AM in LV Courtroom 7C by videoconference appearance 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, 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 8 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 2/3/2022. Due to a conflict with the Court's calendar, IT IS ORDERED that a hearing on the #5 Ex Parte Motion for Temporary Restraining Order set for February 11, 2022 is RESET in time Only to 11:45 a.m. by videoconference. The Court will provide the details of the videoconference at a later date. (no image attached) (Copies have been distributed pursuant to the NEF - BEL) Modified on 2/3/2022 (BEL). |
| Filing 7 MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 1/26/2022. The Court does not find a basis for #5 Ex Parte Motion for Temporary Restraining Order to proceed in an ex parte manner.IT IS THEREFORE ORDERED that #5 Ex Parte Motion for Temporary Restraining Order be served upon Defendant Matthew Thayer by January 31, 2022. Plaintiff shall file a notice of service with the Court by February 2, 2022. IT IS FURTHER ORDERED that Defendant shall file any response to #5 Motion for Temporary Restraining Order on or before February 4, 2022. Plaintiffs will have up to and including February 7, 2022 to reply to Plaintiffs response.IT IS FURTHER ORDERED that a hearing on the #5 Motion is set for February 11, 2022 at 11:00 a.m. by videoconference. The Court will provide the details of the videoconference at a later date. (Copies have been distributed pursuant to the NEF - CVL) |
| Filing 6 CLERK'S NOTICE. Attorney Action Required to ECF No. #5 Motion for Temporary Restraining Order. Document was not filed pursuant to LR IC 2-2(b). For each type of relief requested or purpose, a separate document must be filed. Counsel is advised to the Motion for Preliminary Injunction, also contained in ECF No. #5 , as a separate entry. (no image attached) (EDS) |
| Filing 5 EX PARTE MOTION for Temporary Restraining Order by Plaintiff International Markets Live, Inc. (Attachments: #1 Exhibit, #2 Proposed Order) (Kerr, Preston) Modified text on 1/21/2022 (EDS). |
| Filing 4 SUMMONS ISSUED as to Matthew Thayer re #1 Complaint. (KF) |
| Filing 3 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 - KF) |
| Filing 2 CERTIFICATE of Interested Parties by International Markets Live, Inc. that identifies all parties that have an interest in the outcome of this case. (Kerr, Preston) |
| Filing 1 COMPLAINT against Matthew Thayer (Filing fee $402 receipt number 0978-6762283) by International Markets Live, Inc.. Proof of service due by 4/14/2022. (Attachments: #1 Summons, #2 Civil Cover Sheet) (Kerr, Preston) 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. |
| Case randomly assigned to Judge Richard F. Boulware, II and Magistrate Judge Daniel J. Albregts. (KF) |
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