AdvantaClean Systems LLC v. JDG Environmental LLC et al
| AdvantaClean Systems, LLC |
| JDG Environmental LLC and Joe Gillikin |
| 3:2024cv00060 |
| January 17, 2024 |
| US District Court for the Western District of North Carolina |
| Charlotte Office |
| Max O Cogburn |
| Susan C Rodriguez |
| Contract: Franchise |
| 15 U.S.C. § 1051 Trademark Infringement |
| None |
Docket Report
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This docket was last retrieved on March 8, 2024. A more recent docket listing may be available from PACER.
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Filing 52
Joint MOTION for Extension of Time to File Response/Reply to Defendants' Motion to Dismiss and to Plaintiff's Motion for Preliminary Injunction by AdvantaClean Systems, LLC. Responses due by 3/22/2024 (Lee, Nicholas). Motions referred to Susan C. Rodriguez.
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TEXT-ONLY ORDER granting #52 Joint MOTION for Extension of Time to File Response re #44 MOTION to Dismiss, #41 MOTION for Preliminary Injunction. The parties report "they have reached an agreement in principal on all material terms to settle this matter. However, the Parties need additional time to draft, finalize, and execute a formal settlement agreement." Responses due by 4/8/2024. So Ordered. Entered by US Magistrate Judge Susan C. Rodriguez on 3/8/2024. (DLG)
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Filing 51
Joint MOTION for Extension of Time to File Response/Reply to Defendants' Motion to Dismiss and to Plaintiff's Motion for Preliminary Injunction by AdvantaClean Systems, LLC. Responses due by 3/14/2024 (Lee, Nicholas). Motions referred to Susan C. Rodriguez.
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TEXT-ONLY ORDER granting #51 Joint MOTION for Extension of Time to File Response re #44 MOTION to Dismiss, #41 MOTION for Preliminary Injunction. The parties report they have made progress in settlement discussions which are continuing. Responses due by 3/8/2024. So Ordered. Entered by US Magistrate Judge Susan C. Rodriguez on 2/29/2024. (DLG)
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Filing 50
Unopposed MOTION for Extension of Time to File Response/Reply to Defendants' Motion to Dismiss by AdvantaClean Systems, LLC. Responses due by 3/7/2024 (Lee, Nicholas). Motions referred to Susan C. Rodriguez.
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TEXT-ONLY ORDER granting #50 Unopposed MOTION for Extension of Time to File Response re #44 MOTION to Dismiss. Responses due by 3/1/2024. So Ordered. Entered by US Magistrate Judge Susan C. Rodriguez on 2/22/2024. (DLG)
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Filing 49
ORDER granting #46 , #47 and #48 Motion for Leave to Appear Pro Hac Vice added Robert M. Einhorn, Jacky Beda, Himanshu M Patel for JDG Environmental LLC and Joe Gillikin (Pro Hac Vice Attorney served via NEF). Signed by US Magistrate Judge Susan C. Rodriguez on 2/19/2024. (brl)
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Notice to Jacky Beda: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF) Deadline by 2/27/2024. (brl)
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Notice to Himanshu M. Patel: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF) Deadline by 2/27/2024. (brl)
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Filing 48
MOTION for Leave to Appear Pro Hac Vice as to Himanshu M. Patel Filing fee $ 300, receipt number ANCWDC-6408119. by Joe Gillikin, JDG Environmental LLC. (Wilkerson, David). Motions referred to Susan C. Rodriguez.
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Filing 47
MOTION for Leave to Appear Pro Hac Vice as to Jacky Beda Filing fee $ 300, receipt number ANCWDC-6408118. by Joe Gillikin, JDG Environmental LLC. (Wilkerson, David). Motions referred to Susan C. Rodriguez.
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Filing 46
MOTION for Leave to Appear Pro Hac Vice as to Robert M. Einhorn Filing fee $ 300, receipt number ANCWDC-6408117. by Joe Gillikin, JDG Environmental LLC. (Wilkerson, David). Motions referred to Susan C. Rodriguez.
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TEXT-ONLY ORDER granting #45 Consent MOTION for Extension of Time to File Response re: #41 MOTION for Preliminary Injunction. Responses due by 3/1/2024. So Ordered. Entered by US Magistrate Judge Susan C. Rodriguez on 2/17/2024. (DLG)
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Filing 45
Consent MOTION for Extension of Time to File Response/Reply re: #41 MOTION for Preliminary Injunction by Joe Gillikin, JDG Environmental LLC. Responses due by 3/1/2024 (Wilkerson, David). Motions referred to Susan C. Rodriguez.
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Filing 44
MOTION to Dismiss by Joe Gillikin, JDG Environmental LLC. Responses due by 2/23/2024 (Attachments: #1 Memorandum) (Wilkerson, David)
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Filing 43
ORDER granting #40 Motion for Leave to Appear Pro Hac Vice added Frank J. Sciremammano for AdvantaClean Systems, LLC. Signed by US Magistrate Judge Susan C. Rodriguez on 2/6/2024. (mek)
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Filing 42
MEMORANDUM in Support re #41 MOTION for Preliminary Injunction by AdvantaClean Systems, LLC. (Attachments: #1 Exhibit A - Declaration of Steven Willis)(Lee, Nicholas)
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Filing 41
MOTION for Preliminary Injunction by AdvantaClean Systems, LLC. Responses due by 2/20/2024 (Lee, Nicholas)
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Filing 40
MOTION for Leave to Appear Pro Hac Vice as to Frank J. Sciremammano Filing fee $ 300, receipt number ANCWDC-6393539. by AdvantaClean Systems, LLC. (Lee, Nicholas). Motions referred to Susan C. Rodriguez.
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Filing 39
MOTION for Extension of Time to Answer re: #1 Complaint,,,,, by Joe Gillikin, JDG Environmental LLC. (Wilkerson, David). Motions referred to Susan C. Rodriguez.
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TEXT-ONLY ORDER granting #39 Consent MOTION for Extension of Time to Answer re: #1 Complaint. Defendants' answer due by 2/9/2024. So Ordered. Entered by US Magistrate Judge Susan C. Rodriguez on 2/2/2024. (DLG)
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Filing 38
Corporate Disclosure Statement by AdvantaClean Systems, LLC. (Lee, Nicholas)
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Filing 37
NOTICE of Appearance by Nicholas H Lee on behalf of AdvantaClean Systems, LLC (Lee, Nicholas)
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Filing 36
Case transferred in from District of Texas Northern; Case Number 3:23-cv-01655. Original electronic file and docket sheet received.
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Set/Reset Deadlines: Joe Gillikin answer due 2/1/2024; JDG Environmental LLC answer due 2/1/2024. (rth)
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Case assigned to District Judge Max O. Cogburn, Jr and US Magistrate Judge Susan C. Rodriguez. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document.(rth)
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Notice to Samuel Garcia, Frank J Sciremammano, Gary D Sarles, Himanshu M Patel, Jacky Beda, O Paul Dunagan, Robert M Einhorn: Pursuant to Local Rule 83.1 you are required to Associate local counsel and File a motion pro hac vice. (Attorney served via NEF) Deadline by 1/25/2024. (rth)
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Filing 35
MEMORANDUM OPINION AND ORDER: The Court TRANSFERS this cause of action to the Western District of North Carolina, DENIES WITHOUT PREJUDICE the #12 motion to dismiss, and DENIES WITHOUT PREJUDICE the #9 motion for injunction so the parties may refile in the transferee court if they please. (Ordered by Judge Brantley Starr on 1/17/2024) (axm) [Transferred from Texas Northern on 1/18/2024.]
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Filing 34
Appendix in Support filed by Joe Gillikin, JDG Environmental LLC re #33 Reply Amended Appendix to Defendants' Amended Reply Memo of Law in Support of Motion to Dismiss for Lack of Personal Jurisdiction and for Improper Venue (Patel, Himanshu) [Transferred from Texas Northern on 1/18/2024.]
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Filing 33
REPLY filed by Joe Gillikin, JDG Environmental LLC re: #12 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue (Patel, Himanshu) [Transferred from Texas Northern on 1/18/2024.]
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Filing 32
Appendix in Support filed by Joe Gillikin, JDG Environmental LLC re #31 Reply Memo of Law in Support of Motion to Dismiss for Lack of Personal Jurisdiction (Patel, Himanshu) [Transferred from Texas Northern on 1/18/2024.]
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Filing 31
REPLY filed by Joe Gillikin, JDG Environmental LLC re: #12 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue (Patel, Himanshu) [Transferred from Texas Northern on 1/18/2024.]
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Filing 30
ELECTRONIC ORDER granting #29 Motion to Extend Time. Defendants' Reply is due September 28, 2023. (Ordered by Judge Brantley Starr on 9/19/2023) (chmb) [Transferred from Texas Northern on 1/18/2024.]
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Filing 29
MOTION to Extend Time to file Reply in Support of Motion to Dismiss filed by Joe Gillikin, JDG Environmental LLC (Attachments: #1 Proposed Order) (Beda, Jacky) [Transferred from Texas Northern on 1/18/2024.]
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Filing 28
ELECTRONIC ORDER granting #27 Application for Admission Pro Hac Vice of Frank J. Sciremammano. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Brantley Starr on 9/12/2023) (chmb) [Transferred from Texas Northern on 1/18/2024.]
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Filing 27
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Frank J. Sciremammano (Filing fee $100; Receipt number ATXNDC-14023078) filed by AdvantaClean Systems LLC (Attachments: #1 Additional Page(s) Certificate of Good Standing, #2 Proposed Order of Admission for Frank J. Sciremammano) (Garcia, Samuel) (Main Document 27 replaced on 9/11/2023 to flatten pdf) (axm). [Transferred from Texas Northern on 1/18/2024.]
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Filing 26
ELECTRONIC ORDER granting #23 Application for Admission Pro Hac Vice of Jacky Beda. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Brantley Starr on 9/8/2023) (chmb) [Transferred from Texas Northern on 1/18/2024.]
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Filing 25
ELECTRONIC ORDER granting #22 Application for Admission Pro Hac Vice of Robert M. Einhorn. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Brantley Starr on 9/8/2023) (chmb) [Transferred from Texas Northern on 1/18/2024.]
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Filing 24
ELECTRONIC ORDER granting #21 Application for Admission Pro Hac Vice of Himanshu M. Patel. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Brantley Starr on 9/8/2023) (chmb) [Transferred from Texas Northern on 1/18/2024.]
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Filing 23
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14016635) filed by Joe Gillikin, JDG Environmental LLC (Attachments: #1 Proposed Order) (Beda, Jacky) [Transferred from Texas Northern on 1/18/2024.]
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Filing 22
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14016615) filed by Joe Gillikin, JDG Environmental LLC (Attachments: #1 Proposed Order) (Einhorn, Robert) [Transferred from Texas Northern on 1/18/2024.]
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Filing 21
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14016569) filed by Joe Gillikin, JDG Environmental LLC (Attachments: #1 Proposed Order) (Patel, Himanshu) [Transferred from Texas Northern on 1/18/2024.]
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Filing 20
ELECTRONIC ORDER granting #17 Motion to Extend Time to File Response/Reply. The Court deems #18 Plaintiff's Response and accompanying Appendix #19 timely filed. A reply is due by September 21, 2023. (Ordered by Judge Brantley Starr on 9/7/2023) (chmb) [Transferred from Texas Northern on 1/18/2024.]
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Filing 19
Appendix in Support filed by AdvantaClean Systems LLC re #18 Response/Objection (Garcia, Samuel) [Transferred from Texas Northern on 1/18/2024.]
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Filing 18
RESPONSE filed by AdvantaClean Systems LLC re: #12 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue (Garcia, Samuel) [Transferred from Texas Northern on 1/18/2024.]
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Filing 17
MOTION for Extension of Time to File Response/Reply to #12 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue filed by AdvantaClean Systems LLC (Attachments: #1 Declaration(s) of Frank Sciremammano, #2 Exhibit(s) A, #3 Proposed Order Granting Motion to Extend the Filing Deadline for its Response) (Garcia, Samuel) [Transferred from Texas Northern on 1/18/2024.]
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Filing 16
ELECTRONIC ORDER granting #15 Motion to Extend Time. The Court VACATES its expedited briefing schedule at Doc. 10 . The Court ORDERS expedited briefing on the Defendants' Motion to Dismiss (Doc. #12 ). Plaintiff's response is due by September 1, 2023, with any reply due by September 6, 2023. The Court will set a briefing schedule for the Motion for Injunction (Doc. #9 ) only after confirming it has jurisdiction over this case. (Ordered by Judge Brantley Starr on 8/25/2023) (chmb) [Transferred from Texas Northern on 1/18/2024.]
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Filing 15
MOTION to Extend Time of time to respond filed by Joe Gillikin, JDG Environmental LLC with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Sarles, Gary) [Transferred from Texas Northern on 1/18/2024.]
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Filing 14
Appendix in Support filed by Joe Gillikin, JDG Environmental LLC re #12 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue, #13 Brief/Memorandum in Support of Motion (Sarles, Gary) [Transferred from Texas Northern on 1/18/2024.]
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Filing 13
Brief/Memorandum in Support filed by Joe Gillikin, JDG Environmental LLC re #12 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue (Sarles, Gary) [Transferred from Texas Northern on 1/18/2024.]
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Filing 12
MOTION to Dismiss for Lack of Jurisdiction and Improper Venue filed by Joe Gillikin, JDG Environmental LLC (Attachments: #1 Proposed Order)Attorney Gary D Sarles added to party Joe Gillikin(pty:dft), Attorney Gary D Sarles added to party JDG Environmental LLC(pty:dft) (Sarles, Gary) [Transferred from Texas Northern on 1/18/2024.]
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Filing 11
CERTIFICATE OF SERVICE by AdvantaClean Systems LLC re #9 MOTION for Injunction (Garcia, Samuel) [Transferred from Texas Northern on 1/18/2024.]
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Filing 10
***Vacated per 16 Order*** ELECTRONIC ORDER: The Court ORDERS expedited briefing on the pending motion at Doc. #9 . A response is due by August 29, 2023, with any reply due by September 5, 2023. (Ordered by Judge Brantley Starr on 8/22/2023) (chmb) Modified text on 8/28/2023 (sxf). [Transferred from Texas Northern on 1/18/2024.]
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Filing 9
MOTION for Injunction filed by AdvantaClean Systems LLC with Brief/Memorandum in Support. (Attachments: #1 Declaration(s) of Steven Willis, #2 Exhibit(s) Appendix, #3 Proposed Order Granting Motion for Preliminary Injunction) (Garcia, Samuel) [Transferred from Texas Northern on 1/18/2024.]
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Filing 8
SUMMONS Returned Executed as to Joe Gillikin, JDG Environmental LLC ; served on 8/3/2023. (Garcia, Samuel) Modified docket text on 8/23/2023 (mms). [Transferred from Texas Northern on 1/18/2024.]
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Filing 7
Certificate Regarding Judge-Specific Requirements. (Garcia, Samuel) [Transferred from Texas Northern on 1/18/2024.]
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Filing 6
Report to Patent/Trademark Office of Initiating Document. Form AO 120 e-mailed to notice_of_suit@uspto.gov. (sxf) [Transferred from Texas Northern on 1/18/2024.]
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Filing 5
Electronic Standing Order - If they have not already done so, all attorneys appearing in this case must file a Certificate Regarding Judge-Specific Requirements on the docket attesting that they have read, and will comply with, the judge-specific requirements for this Court, including the Court's order concerning generative artificial intelligence. The judge-specific requirements and a template Certificate may be found at: # Certificate Regarding Judge-Specific Requirements. To file the Certificate, please use the event entitled Certificate Regarding Judge-Specific Requirements. This event is located in the Other Documents selection, which is under the Other Filings category of the Civil page in ECF. Please contact the ECF help desk at 214-753-2633 for filing assistance. (Ordered by Judge Brantley Starr on 7/26/2023) (sxf) [Transferred from Texas Northern on 1/18/2024.]
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Filing 4
Summons Issued as to Joe Gillikin, JDG Environmental LLC. (sxf) [Transferred from Texas Northern on 1/18/2024.]
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Filing 3
New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (sxf) [Transferred from Texas Northern on 1/18/2024.]
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Filing 2
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by AdvantaClean Systems, LLC. (Clerk QC note: No affiliate entered in ECF). (Garcia, Samuel) [Transferred from Texas Northern on 1/18/2024.]
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Filing 1
COMPLAINT against All Defendants filed by AdvantaClean Systems, LLC. (Filing fee $402; Receipt number ATXNDC-13912242) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Exhibit(s) G, #8 Exhibit(s) H, #9 Exhibit(s) I, #10 Exhibit(s) J, #11 Cover Sheet) (Garcia, Samuel) [Transferred from Texas Northern on 1/18/2024.]
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