Darnell et al v. Zia Trust, Inc. et al
| Emily J Darnell, Mary B Darnell and Cliff W Darnell |
| Darryl W Millet and Zia Trust, Inc. |
| 1:2021cv00125 |
| February 14, 2021 |
| US District Court for the District of New Mexico |
| William P Johnson |
| Jerry H Ritter |
| Steven C Yarbrough |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Both |
Docket Report
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This docket was last retrieved on December 27, 2022. A more recent docket listing may be available from PACER.
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Filing 75
STIPULATED ORDER OF DISMISSAL WITH PREJUDICE by Chief District Judge William P. Johnson granting #74 Joint Motion to Dismiss all claims (bap)
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Filing 74
Joint MOTION to Dismiss with Prejudice by Zia Trust, Inc.. (Mostoller, Lynn)
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Filing 73
Clerk's Minutes for proceedings held before Magistrate Judge Jerry H. Ritter: Settlement Conference held on 11/18/2022. Attending: Plaintiffs Cliff Darnell and Mary Darnell, with Emily Darnell Nunez, and with attorney Charles Lakins; Defendant through CEO Paul Reardon with corporate counsel Alicia Gutierrez, insurance representative James Talbert, and attorney Christina Looney. Case settled. Closing documents are due within 30 days. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (sjl)
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Filing 72
ORDER by Chief District Judge William P. Johnson granting #71 Motion for Leave to File (arp)
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Filing 71
Unopposed MOTION for Leave to File An Enlargement of Page limit and Exhibit Page Limit For Its Motion for Summary Judgment and Memorandum In Support Thereof by Zia Trust, Inc.. (Mostoller, Lynn)
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Filing 70
CERTIFICATE OF SERVICE by Zia Trust, Inc. Supplemental Objections, Answers, and Responses to Plaintiffs First Set of Interrogatories, Requests for Production of Documents and Requests for Admission, along documents Bates Numbered ZIATRUST_0079 to ZIATRUST_00232 (Mostoller, Lynn) Modified on 11/3/2022 (bap).
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Filing 69
ORDER by Magistrate Judge Jerry H. Ritter granting #68 Stipulated Motion for Protective Order. (hm)
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Filing 68
MOTION for Protective Order by Zia Trust, Inc.. (Mostoller, Lynn)
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Filing 67
NOTICE by Zia Trust, Inc. re #58 Order,, Set Hearings, of Agreed Upon Extension of Time for Defendant to Serve Counterclaim to Plaintiffs' Settlement Demand (Mostoller, Lynn)
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Filing 66
CERTIFICATE OF SERVICE by Zia Trust, Inc. Document Production (Mostoller, Lynn) Modified text on 10/17/2022 (arp).
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Filing 65
CERTIFICATE OF SERVICE by Zia Trust, Inc. Objections, Answers, and Responses to Plaintiff's First Set of Discovery (Mostoller, Lynn)
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Filing 64
MEMORANDUM OPINION AND ORDER by Magistrate Judge Jerry H. Ritter denying #51 Motion to Quash Subpoena. (cd)
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Filing 63
CERTIFICATE OF SERVICE by Cliff W Darnell of Plaintiff's First Discovery to Defendant Zia Trust (Lakins, Charles)
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Filing 62
CERTIFICATE OF SERVICE by Cliff W Darnell First Set of Interrogatories, Requests for Production and Requests for Admissions (Lakins, Charles) Modified text on 9/14/2022 (arp).
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Filing 61
CERTIFICATE OF SERVICE by Zia Trust, Inc. Notices of Deposition (Mostoller, Lynn)
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Filing 60
CERTIFICATE OF SERVICE by Zia Trust, Inc. Discovery to Mary Darnell (Mostoller, Lynn)
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Filing 59
CERTIFICATE OF SERVICE by Zia Trust, Inc. Discovery to Cliff Darnell (Mostoller, Lynn)
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Filing 58
ORDER by Magistrate Judge Jerry H. Ritter setting a Settlement Conference for 11/18/2022 at 09:00 AM in Albuquerque - 480 Chama Courtroom before Magistrate Judge Jerry H. Ritter. Position statements are due to chambers on or before 11/3/2022. (cd)
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Filing 57
NOTICE of Briefing Complete by Darryl W Millet re #51 MOTION to Quash Subpoena filed by Darryl W Millet (Hancock, Benjamin)
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Filing 56
ORDER re #51 MOTION to Quash by Magistrate Judge Jerry H. Ritter directing counsel to file a Notice of Completion of briefing pursuant to Local Rule 7.4(e) in the absence of any agreements as to extension of deadlines by the parties or to file a notice of withdrawal of the motion. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]. (cd)
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Filing 55
REPLY to Response to Motion re #51 MOTION to Quash Subpoena filed by Darryl W Millet. (Hancock, Benjamin)
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Filing 54
RESPONSE to Motion re #51 MOTION to Quash Subpoena filed by Zia Trust, Inc.. (Attachments: #1 Exhibit A) (Mostoller, Lynn)
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Filing 53
SCHEDULING ORDER by Magistrate Judge Jerry H. Ritter. Discovery due by 10/31/2022. Motions due by 12/13/2022. (cd)
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Filing 52
Clerk's Minutes for proceedings held before Magistrate Judge Jerry H. Ritter: Telephonic Rule 16 Initial Scheduling Conference held on 4/19/2022. (cd)
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Filing 51
MOTION to Quash Subpoena by Darryl W Millet. (Hancock, Benjamin)
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Filing 50
ORDER re 49 by Magistrate Judge Jerry H. Ritter RESETTING a Rule 16 Initial Scheduling Conference for 4/19/2022 at 11:00 AM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Jerry H. Ritter. Counsel shall call my toll-free AT&T conference line at (888) 278-0296, enter access code 9998216, and press # to be joined to the proceedings. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (cd)
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Filing 49
Clerk's Minutes for proceedings held before Magistrate Judge Jerry H. Ritter: Scheduling Conference held on 4/11/2022. Participant include Lynn E Mostoller for the Defendant. Plaintiffs' Counsel was not present. The Court contacted the Plaintiffs' counsel, who mentioned that there is a conflict. The Court will reset the Rule 16 Initial Scheduling Conference after its Clerk confers with counsel. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (cd)
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Filing 48
Joint Status Report and Provisional Discovery Plan by Cliff W Darnell (Lakins, Charles)
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Filing 47
CERTIFICATE OF SERVICE by Zia Trust, Inc. for Initial Disclosures (Mostoller, Lynn)
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Filing 46
ORDER Granting in Part Defendant's Request for Attorney's Fees and Expenses by Chief District Judge William P. Johnson: IT IS ORDERED that Defendant Millet is hereby awarded $10,543.12 [the equivalent of ($11,753.61) minus ($700.49 plus $510)]. (cmm)
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Filing 45
RESPONSE re #41 Notice (Other) filed by Cliff W Darnell. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Lakins, Charles)
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Filing 44
INITIAL SCHEDULING ORDER by Magistrate Judge Jerry H. Ritter setting a Rule 16 Initial Scheduling Conference for 4/11/2022 at 10:00 AM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Jerry H. Ritter. Joint Status Report and Provisional Discovery Plan due by 4/4/2022. (cd)
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Filing 43
ANSWER to #20 Amended Complaint by Zia Trust, Inc..(Mostoller, Lynn)
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Filing 42
ORDER by Chief District Judge William P. Johnson STRIKING AS MOOT #24 Motion for Extension of Time to File Response/Reply as to #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (cmm)
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Filing 41
NOTICE by Darryl W Millet re #39 Memorandum Opinion and Order Notice of Provision of Fee Affidavits & Timesheets in Support of Award of Attorneys Fees (Hancock, Benjamin)
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Filing 40
NOTICE by Zia Trust, Inc. of Agreed Upon Extension (Mostoller, Lynn)
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Filing 39
MEMORANDUM OPINION AND ORDER by Chief District Judge William P. Johnson Granting #21 Defendant Darryl Miller's Motion to Dismiss and Request for Attorney's Fees and ORDER for Supporting Affidavit and Timesheet for Requested Fees. (cmm)
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Filing 38
MEMORANDUM OPINION AND ORDER by Chief District Judge William P. Johnson DENYING #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM First Amended Complaint. (cmm)
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Filing 37
ORDER by Chief District Judge William P. Johnson striking #9 Motion to Dismiss; and striking as moot #14 Motion to Dismiss for Failure to State a Claim (bap)
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Filing 36
PLEASE TAKE NOTICE that this case has been reassigned to Chief United States District Judge William P. Johnson as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. United States District Judge James O. Browning no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg)
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Filing 35
NOTICE Concerning Waiver of Judicial Disqualification (bap)
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Filing 34
ORDER by District Judge James O. Browning re disqualification. (bap)
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Filing 33
NOTICE of Briefing Complete by Darryl W Millet re #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Darryl W Millet (Hancock, Benjamin)
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Filing 32
REPLY to Response to Motion re #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Darryl W Millet. (Hancock, Benjamin)
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Filing 31
NOTICE of Briefing Complete by All Plaintiffs re #24 MOTION for Extension of Time to File Response/Reply as to #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Cliff W Darnell (Lakins, Charles)
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Filing 30
REPLY to Response to Motion re #24 MOTION for Extension of Time to File Response/Reply as to #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Cliff W Darnell, Mary B Darnell. (Lakins, Charles)
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Filing 29
NOTICE of Briefing Complete by Zia Trust, Inc. re #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM First Amended Complaint filed by Zia Trust, Inc. (Mostoller, Lynn)
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Filing 28
REPLY to Response to Motion re #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM First Amended Complaint filed by Zia Trust, Inc.. (Mostoller, Lynn)
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Filing 27
RESPONSE to Motion re #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM First Amended Complaint filed by Cliff W Darnell, Mary B Darnell. (Lakins, Charles)
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Filing 26
RESPONSE to Motion re #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Cliff W Darnell, Mary B Darnell. (Lakins, Charles)
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Filing 25
RESPONSE in Opposition re #24 MOTION for Extension of Time to File Response/Reply as to #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Darryl W Millet. (Hancock, Benjamin)
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Filing 24
MOTION for Extension of Time to File Response/Reply as to #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Cliff W Darnell. (Lakins, Charles)
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Filing 23
NOTICE by Cliff W Darnell, Mary B Darnell re #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM First Amended Complaint of Extension of Time to File Response (Lakins, Charles)
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Filing 22
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM First Amended Complaint by Zia Trust, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Mostoller, Lynn)
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Filing 21
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Darryl W Millet. (Attachments: #1 Exhibit) (Hancock, Benjamin)
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Filing 20
AMENDED COMPLAINT against All Defendants. terminating Emily J Darnell., filed by Cliff W Darnell, Mary B Darnell. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Lakins, Charles)
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Filing 19
RESPONSE in Opposition re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Cliff W Darnell, Mary B Darnell. (Lakins, Charles)
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Filing 18
NOTICE REGARDING DOCUMENT ENTRIES: Because this case has been reassigned to a district judge, please be advised that any documents filed by the parties under Rule 73(b) have been permanently removed from the docket. Document(s) removed: Nos. 11 and 16. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (bl)
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Filing 17
RESPONSE in Opposition re #9 MOTION to Dismiss filed by Cliff W Darnell, Mary B Darnell. (Lakins, Charles)
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Filing 15
PLEASE TAKE NOTICE that this case has been reassigned to United States District Judge James O. Browning as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. United States Magistrate Judge Steven C. Yarbrough no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg)
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Filing 14
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Darryl W Millet. (Attachments: #1 Exhibit Exhibit A) (Hancock, Benjamin)
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Filing 13
NOTICE of Appearance by Benjamin Hancock on behalf of Darryl W Millet (Hancock, Benjamin)
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Filing 12
NOTICE by Zia Trust, Inc. Corrected Entry of Appearance (Mostoller, Lynn)
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Filing 10
NOTICE OF CONSENT SUBMISSION DEADLINE: Pursuant to Fed. R. Civ. P. 73(b)(2), the parties are reminded that a magistrate judge was assigned as the trial judge in this matter under 28 U.S.C. 636(c). The parties are advised that the Clerk will reassign this matter to a district judge as the trial judge no later than 10 days from the entry of this notice unless consents from all parties have been filed. The parties are free to withhold consent. If you have already entered your consent, you need not resubmit. (kfo)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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Filing 9
MOTION to Dismiss by Zia Trust, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Mostoller, Lynn)
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Filing 8
NOTICE of Appearance by Lynn E Mostoller on behalf of Darryl W Millet, Zia Trust, Inc. (Mostoller, Lynn)
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Filing 7
ORDER finding good cause and QUASHING #4 Order to Show Cause by Magistrate Judge Jerry H. Ritter. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (cd)
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Filing 6
RESPONSE re #4 Order to Show Cause filed by Cliff W Darnell, Mary B Darnell. (Lakins, Charles)
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Filing 5
NOTICE by Emily J Darnell re #1 Complaint of Dismissal of Claims (Lakins, Charles)
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Filing 4
ORDER TO SHOW CAUSE by Magistrate Judge Jerry H. Ritter. Show Cause Response due by 3/8/2021. (cd)
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Filing 3
PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Steven C. Yarbrough to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (dr)
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Summons Issued as to All Defendants. (dr)
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United States Magistrate Judge Steven C. Yarbrough and United States Magistrate Judge Jerry H. Ritter assigned. (dr)
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Filing 2
NOTICE by Cliff W Darnell re #1 Complaint of filing of Civil Cover Sheet (Lakins, Charles)
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Filing 1
COMPLAINT For Probate Fraud and Breach of Fiduciary Duty against All Defendants ( Filing Fee - Online Payment), filed by Cliff W Darnell, Emily J Darnell, Mary B Darnell. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Lakins, Charles)
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Filing and Administrative Fees Received: $ 402 receipt number ANMDC-7543248 re #1 Complaint filed by Cliff W Darnell, Emily J Darnell, Mary B Darnell (Payment made via Pay.gov)(Lakins, Charles)
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