Caploc v. American Southwest Mortgage Corp et al
Caploc LLC |
Richard Carrington and CBB Inc |
5:2019cv00715 |
August 5, 2019 |
US District Court for the Western District of Oklahoma |
Timothy D DeGiusti |
Other Fraud |
28 U.S.C. § 1332 |
Plaintiff |
Docket Report
This docket was last retrieved on August 5, 2019. A more recent docket listing may be available from PACER.
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Filing 95 Case transferred in from District of Texas Northern; Case Number 3:17-cv-02904. |
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Filing 93 Agreed MOTION to Transfer Case out of District/Division filed by CBB Inc, Richard Carrington (Attachments: #1 Proposed Order) (Nesbitt, Thomas) [Transferred from Texas Northern on 8/5/2019.] |
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Filing 90 Joint STIPULATION OF DISMISSAL Concerning Defendants Citizens State Bank and American Southwest Mortgage Funding Corp. by Caploc LLC. (Attachments: #1 Proposed Order) (Pace, Jared) [Transferred from Texas Northern on 8/5/2019.] |
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Filing 88 Joint MOTION to Extend Time to Submit Proposed Agreed Amended Scheduling Order and for CBB, Inc. and Richard Carrington to file their Reply in support of their Motion to Dismss or in the Alternative to Transfer Venue filed by Caploc LLC (Attachments: #1 Proposed Order) (Pace, Jared) [Transferred from Texas Northern on 8/5/2019.] |
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Filing 86 MOTION for Extension of Time to File Response/Reply to #82 Response/Objection filed by CBB Inc, Richard Carrington (Attachments: #1 Proposed Order) (Nesbitt, Thomas) [Transferred from Texas Northern on 8/5/2019.] |
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Filing 83 NOTICE of Withdrawal of Attorney Appearance and ECF Notices filed by American Southwest Mortgage Corp, Spirit Bank (Attachments: #1 Exhibit(s) Order Granting Joint Stipulation for Dismissal) (Florence, Craig) [Transferred from Texas Northern on 8/5/2019.] |
Filing 82 RESPONSE AND OBJECTION filed by Caploc LLC re: #74 MOTION to Dismiss for Lack of Jurisdiction MOTION to Transfer Case out of District/Division (Pace, Jared) [Transferred from Texas Northern on 8/5/2019.] |
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Filing 80 Joint STIPULATION OF DISMISSAL Concerning Defendants SpiritBank and American Southwest Mortgage Corp. by Caploc LLC. (Attachments: #1 Proposed Order) (Pace, Jared) [Transferred from Texas Northern on 8/5/2019.] |
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Filing 78 MOTION for Extension of Time to File Response/Reply to #74 MOTION to Dismiss for Lack of Jurisdiction MOTION to Transfer Case out of District/Division filed by Caploc LLC (Attachments: #1 Proposed Order) (Pace, Jared) [Transferred from Texas Northern on 8/5/2019.] |
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Filing 76 Unopposed MOTION to Extend Time to respond to CBB and Carrington's Motion to Dismiss filed by Caploc LLC (Attachments: #1 Proposed Order) (Pace, Jared) [Transferred from Texas Northern on 8/5/2019.] |
Filing 75 Brief/Memorandum in Support filed by CBB Inc, Richard Carrington re #74 MOTION to Dismiss for Lack of Jurisdiction MOTION to Transfer Case out of District/Division (Attachments: #1 Exhibit(s) Appendix) (Nesbitt, Thomas) [Transferred from Texas Northern on 8/5/2019.] |
Filing 74 MOTION to Dismiss for Lack of Jurisdiction , MOTION to Transfer Case out of District/Division () filed by CBB Inc, Richard Carrington with Brief/Memorandum in Support. (Attachments: #1 Proposed Order)Attorney Thomas Nesbitt added to party CBB Inc(pty:dft), Attorney Thomas Nesbitt added to party Richard Carrington(pty:dft) (Nesbitt, Thomas) [Transferred from Texas Northern on 8/5/2019.] |
Filing 73 ANSWER to #58 Amended Complaint,, filed by American Southwest Mortgage Funding Corp. 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. (Smith, Spencer) [Transferred from Texas Northern on 8/5/2019.] |
Filing 72 ANSWER to #58 Amended Complaint,, filed by Citizens State Bank. 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. (Smith, Spencer) [Transferred from Texas Northern on 8/5/2019.] |
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Filing 70 Unopposed MOTION to Extend Time Time to Answer, Move Against, or Otherwise Respond to Second Amended Complaint filed by American Southwest Mortgage Funding Corp, Citizens State Bank (Merchant, Samuel) [Transferred from Texas Northern on 8/5/2019.] |
Filing 69 ANSWER to #58 Amended Complaint,, filed by American Southwest Mortgage Corp. 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. (Florence, Craig) [Transferred from Texas Northern on 8/5/2019.] |
Filing 68 ANSWER to #58 Amended Complaint,, filed by Spirit Bank. 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. (Florence, Craig) [Transferred from Texas Northern on 8/5/2019.] |
Filing 67 SUMMONS Returned Executed as to Richard Carrington ; served on 3/30/2019. (ndt) [Transferred from Texas Northern on 8/5/2019.] |
Filing 66 SUMMONS Returned Executed as to CBB Inc ; served on 4/2/2019. (ndt) [Transferred from Texas Northern on 8/5/2019.] |
Filing 64 Summons Issued as to CBB Inc, Richard Carrington. (mla) [Transferred from Texas Northern on 8/5/2019.] |
Filing 63 Request for Clerk to issue Summons filed by Caploc LLC. (Pace, Jared) [Transferred from Texas Northern on 8/5/2019.] |
Filing 62 Request for Clerk to issue Summons filed by Caploc LLC. (Pace, Jared) [Transferred from Texas Northern on 8/5/2019.] |
Filing 61 AFFIDAVIT of Service for Subpoena Duces Tecum served on Global Bankers Insurance Group, LLC c/o Tamre Edwards, General Counsel on 3/22/2019. (Merchant, Samuel) [Transferred from Texas Northern on 8/5/2019.] |
Filing 60 AFFIDAVIT of Service for Subpoena Duces Tecum served on Colorado Bankers Life Insurance Company c/o Tamre Edwards, General Counsel on 3/22/2019. (Merchant, Samuel) [Transferred from Texas Northern on 8/5/2019.] |
Filing 59 AFFIDAVIT of Service for Subpoena Duces Tecum served on Bankers Life Insurance Company c/o Tamre Edwards, General Counsel on 3/22/2019. (Merchant, Samuel) [Transferred from Texas Northern on 8/5/2019.] |
Filing 65 ELECTRONIC Minute Entry for proceedings held before Judge Karen Gren Scholer: Telephonic Status Conference held on 3/27/2019. Attorney Appearances: Plaintiff - Aaron Tobin and Jared Pace; Defense - Craig Florence, Graydon Dean Luthey, Jr. John Henry Rule, II, Joseph Cox, Robert Luttrell, III, Samuel Merchant and Spencer Smith. (Court Reporter: Lanie Smith) (No exhibits) Time in Court - :20. (chmb) [Transferred from Texas Northern on 8/5/2019.] |
Filing 58 SECOND AMENDED COMPLAINT against American Southwest Mortgage Corp, American Southwest Mortgage Funding Corp, Citizens State Bank, Spirit Bank, Richard Carrington, CBB Inc, filed by Caploc LLC. 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. (zkc) [Transferred from Texas Northern on 8/5/2019.] |
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Filing 55 MOTION Requesting Status Conference - Joint filed by Caploc LLC (Attachments: #1 Proposed Order) (Pace, Jared) [Transferred from Texas Northern on 8/5/2019.] |
Filing 54 AFFIDAVIT of Service for Subpoena Duces Tecum (Amended filing-Correcting date of service) served on Frank O'Brien on 2/25/2019. (Merchant, Samuel) [Transferred from Texas Northern on 8/5/2019.] |
Filing 53 AFFIDAVIT of Service for Subpoena Duces Tecum served on Leslie Sufrin on 2/25/2019. (Merchant, Samuel) [Transferred from Texas Northern on 8/5/2019.] |
Filing 52 AFFIDAVIT of Service for Subpoena Duces Tecum served on Frank O'Brien on 2/27/2019. (Merchant, Samuel) [Transferred from Texas Northern on 8/5/2019.] |
Filing 51 REPLY filed by Caploc LLC re: #49 MOTION for Leave to File to file Second Amended Complaint (Pace, Jared) [Transferred from Texas Northern on 8/5/2019.] |
Filing 50 OBJECTION filed by American Southwest Mortgage Corp, American Southwest Mortgage Funding Corp, Citizens State Bank, Spirit Bank re: #49 MOTION for Leave to File to file Second Amended Complaint (Attachments: #1 Exhibit(s) 1 - Service Agreement, #2 Exhibit(s) 2 - Demand Letter, #3 Exhibit(s) 3 - S.D.N.Y. Lawsuit Complaint, #4 Exhibit(s) 4 - Carrington Deposition Cover Pages, #5 Exhibit(s) 5 -. CBB Pre-motion Letter, #6 Exhibit(s) 6 - Defendants' Pre-motion Letter, #7 Exhibit(s) 7 - Troy Andersen Declaration) (Smith, Spencer) [Transferred from Texas Northern on 8/5/2019.] |
Filing 49 MOTION for Leave to File to file Second Amended Complaint filed by Caploc LLC with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Proposed Order) (Pace, Jared) [Transferred from Texas Northern on 8/5/2019.] |
Filing 48 AFFIDAVIT of Service for Subpoena Duces Tecum served on Eli Global on 06/21/2018. (Merchant, Samuel) [Transferred from Texas Northern on 8/5/2019.] |
Filing 47 ANSWER to #41 Amended Complaint filed by Citizens State Bank. 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. (Smith, Spencer) [Transferred from Texas Northern on 8/5/2019.] |
Filing 46 ANSWER to #41 Amended Complaint filed by American Southwest Mortgage Funding Corp. 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. (Smith, Spencer) [Transferred from Texas Northern on 8/5/2019.] |
Filing 45 ANSWER to #41 Amended Complaint filed by Spirit Bank. 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. (Florence, Craig) [Transferred from Texas Northern on 8/5/2019.] |
Filing 44 ANSWER to #41 Amended Complaint filed by American Southwest Mortgage Corp. 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. (Florence, Craig) [Transferred from Texas Northern on 8/5/2019.] |
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Filing 42 Unopposed Motion for Extension of Time to File Answer to Amended Complaint filed by American Southwest Mortgage Corp (Attachments: #1 Proposed Order) (Brown, Sara) Modified on 7/17/2018 to enhance text(dss). [Transferred from Texas Northern on 8/5/2019.] |
Filing 41 AMENDED COMPLAINT against All Defendants filed by Caploc LLC. 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. (Pace, Jared) [Transferred from Texas Northern on 8/5/2019.] |
Filing 40 ANSWER to Complaint (Notice of Removal) filed by American Southwest Mortgage Funding Corp (Cox, Joseph) [Transferred from Texas Northern on 8/5/2019.] |
Filing 39 ANSWER to Complaint (Notice of Removal) filed by Citizens State Bank (Cox, Joseph) [Transferred from Texas Northern on 8/5/2019.] |
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Filing 36 ELECTRONIC Minute Entry for proceedings held before Judge Karen Gren Scholer: Status Conference held on 5/11/2018. Attorney Appearances: Plaintiff - Aaron Tobin; Defense - Andrea Broyles and John Henry Rule. (Court Reporter: Todd Anderson) (No exhibits) Time in Court - :10. (chmb) [Transferred from Texas Northern on 8/5/2019.] |
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Filing 34 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney John Henry Rule (Filing fee $25; Receipt number 0539-9173336) filed by American Southwest Mortgage Corp, Spirit Bank (Attachments: #1 Proposed Order for Admission Pro Hac Vice) (Florence, Craig) [Transferred from Texas Northern on 8/5/2019.] |
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Filing 31 MOTION to Modify Scheduling Order - Agreed filed by Caploc LLC (Attachments: #1 Proposed Order) (Pace, Jared) [Transferred from Texas Northern on 8/5/2019.] |
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Filing 28 Unopposed MOTION for Protective Order filed by Caploc LLC (Attachments: #1 Proposed Order) (Pace, Jared) [Transferred from Texas Northern on 8/5/2019.] |
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Filing 26 NOTICE of Attorney Appearance by Joseph M Cox for Samuel J. Merchant on behalf of American Southwest Mortgage Funding Corp, Citizens State Bank. (Cox, Joseph) [Transferred from Texas Northern on 8/5/2019.] |
Filing 25 Appendix in Support filed by American Southwest Mortgage Funding Corp, Citizens State Bank re #24 Reply in Support of Partial Motion to Dismiss (Attachments: #1 Exhibit(s) Memorandum and Order) (Cox, Joseph) [Transferred from Texas Northern on 8/5/2019.] |
Filing 24 REPLY filed by American Southwest Mortgage Funding Corp, Citizens State Bank re: #4 Motion to Dismiss for Failure to State a Claim (Cox, Joseph) [Transferred from Texas Northern on 8/5/2019.] |
Filing 23 NOTICE of Attorney Appearance by Spencer F Smith on behalf of American Southwest Mortgage Funding Corp, Citizens State Bank. (Filer confirms contact info in ECF is current.) (Smith, Spencer) [Transferred from Texas Northern on 8/5/2019.] |
Filing 22 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Caploc LLC. (Pace, Jared) [Transferred from Texas Northern on 8/5/2019.] |
Filing 21 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Caploc LLC. (Pace, Jared) [Transferred from Texas Northern on 8/5/2019.] |
Filing 20 Proposal for contents of scheduling and discovery order by Caploc LLC. (Pace, Jared) [Transferred from Texas Northern on 8/5/2019.] |
Filing 19 RESPONSE filed by Caploc LLC re: #4 Motion to Dismiss for Failure to State a Claim (Pace, Jared) [Transferred from Texas Northern on 8/5/2019.] |
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Filing 17 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-8791582) filed by American Southwest Mortgage Funding Corp, Citizens State Bank (Luttrell, Robert) [Transferred from Texas Northern on 8/5/2019.] |
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Filing 15 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Graydon Dean Luthey, Jr. (Filing fee $25; Receipt number 0539-8778041) filed by American Southwest Mortgage Corp, Spirit Bank (Attachments: #1 Proposed Order) (Brown, Sara) [Transferred from Texas Northern on 8/5/2019.] |
Filing 14 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Spirit Bank identifying Corporate Parent/Other Affiliate SpritiBank Corp., Inc. for Spirit Bank. (Brown, Sara) [Transferred from Texas Northern on 8/5/2019.] |
Filing 13 NOTICE of Consent to Removal filed by Spirit Bank (Brown, Sara) [Transferred from Texas Northern on 8/5/2019.] |
Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by American Southwest Mortgage Corp identifying Corporate Parent/Other Affiliate SpiritBank Corp, Inc. for American Southwest Mortgage Corp. (Brown, Sara) [Transferred from Texas Northern on 8/5/2019.] |
Filing 11 NOTICE of Consent to Removal filed by Spirit Bank (Brown, Sara) [Transferred from Texas Northern on 8/5/2019.] |
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Filing 9 ANSWER to Complaint filed by Spirit Bank. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions 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. Attorney Sara Ann Brown added to party Spirit Bank(pty:dft) (Brown, Sara) [Transferred from Texas Northern on 8/5/2019.] |
Filing 8 ANSWER to Complaint filed by American Southwest Mortgage Corp. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions 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. Attorney Sara Ann Brown added to party American Southwest Mortgage Corp(pty:dft) (Brown, Sara) [Transferred from Texas Northern on 8/5/2019.] |
Filing 7 ANSWER to Complaint filed by American Southwest Mortgage Funding Corp. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions 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. (Broyles, Andrea) [Transferred from Texas Northern on 8/5/2019.] |
Filing 6 ANSWER to Complaint filed by Citizens State Bank. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions 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. (Broyles, Andrea) [Transferred from Texas Northern on 8/5/2019.] |
Filing 5 Brief/Memorandum in Support filed by American Southwest Mortgage Funding Corp, Citizens State Bank re #4 Motion to Dismiss for Failure to State a Claim (Broyles, Andrea) [Transferred from Texas Northern on 8/5/2019.] |
Filing 4 Motion to Dismiss for Failure to State a Claim filed by American Southwest Mortgage Funding Corp, Citizens State Bank with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Broyles, Andrea) [Transferred from Texas Northern on 8/5/2019.] |
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 Toliver). Clerk to provide copy to plaintiff if not received electronically. (epm) [Transferred from Texas Northern on 8/5/2019.] |
Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by American Southwest Mortgage Funding Corp., Citizens State Bank identifying Corporate Parent/Other Affiliate Citizens Bankshares Inc. for Citizens State Bank. (Cox, Joseph) [Transferred from Texas Northern on 8/5/2019.] |
Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND from 134th, Dallas County, case number DC-17-12948 filed by Citizens State Bank, American Southwest Mortgage Funding Corp.. (Filing fee $400; receipt number 0539-8753458) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy 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 and Instructions 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) Index of Documents, #2 Exhibit(s) Original Petition, #3 Exhibit(s) Case Information, #4 Exhibit(s) Civil Case Information Sheet, #5 Exhibit(s) Letter to Dallas County Clerk, #6 Exhibit(s) Letter to Citation Department, #7 Exhibit(s) Letter setting Dismissal Hearing, #8 Exhibit(s) Citation, #9 Exhibit(s) Citizen Return of Service, #10 Exhibit(s) Citation, #11 Exhibit(s) Certificate of Interested Parties, #12 Exhibit(s) September 21 email, #13 Exhibit(s) Complaint, #14 Exhibit(s) Citizen Bank Disclosure Statement, #15 Exhibit(s) American Southwest Funding Disclosure Statement, #16 Exhibit(s) Notice of Related Case, #17 Exhibit(s) Civil Cover Sheet, #18 Exhibit(s) Supplemental Civil Cover Sheet) (Cox, Joseph) [Transferred from Texas Northern on 8/5/2019.] |
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