Dickel v. DePuy Orthopaedics Inc
| Terry Dickel |
| DEPUY ORTHOPAEDICS, INC,, JOHNSON & JOHNSON INC and JOHNSON & JOHNSON SERVICES, INC. |
| SPECIAL MASTER |
| 5:2022cv05251 |
| December 30, 2022 |
| US District Court for the Eastern District of Pennsylvania |
| JOSEPH F LEESON |
| P.I.: Personal Inj. Prod. Liability |
| 28 U.S.C. § 1391 Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on February 27, 2023. A more recent docket listing may be available from PACER.
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| Filing 48 RESPONSE in Opposition re #45 MOTION to Transfer MATTER TO PHILADELPHIA DIVISION filed by DEPUY ORTHOPAEDICS, INC,, JOHNSON & JOHNSON INC, JOHNSON & JOHNSON SERVICES, INC.. (Attachments: #1 Text of Proposed Order)(MILLER, CHANDA) |
| Doc. 47 mailed to counsel. (er) |
Filing 47
ORDER THAT AN IN PERSON SETTLEMENT CONFERENCE SET FOR 4/26/2023 10:30 AM IN Cahn 4A BEFORE MAGISTRATE JUDGE PAMELA A. CARLOS; ETC. AS HEREIN. SIGNED BY MAGISTRATE JUDGE PAMELA A. CARLOS ON 2/23/23. 2/23/23 ENTERED AND COPIES NOT MAILED TO COUNSEL AND E-MAILED.(mas)
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| Filing 46 Minute Entry for proceedings held before MAGISTRATE JUDGE PAMELA A. CARLOS. Pretrial Conference held on 2/23/23. (mas) |
| DOC 44 MAILED TO COUNSEL (rf, ) |
| Filing 45 MOTION to Transfer MATTER TO PHILADELPHIA DIVISION filed by Terry Dickel.Motion to Transfer. (Attachments: #1 Text of Proposed Order PROPOSED ORDER)(MCFARLIN, MICHAEL) |
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Filing 44
ORDER THAT THE APPLICATION OF BARTON L. SLAVIN, ESQUIRE, TO PRACTICE IN THIS COUR TPURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(B) IS GRANTED. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 2/13/23. 2/13/23 ENTERED AND COPIES (NOT MAILED TO COUNSEL), AND E-MAILED.(er)
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| Filing 43 MOTION for Pro Hac Vice Admission of Barton L. Slavin, ESQ. ( Filing fee $ 40 receipt number APAEDC-16493851.) filed by Terry Dickel.Motion for Pro Hac Vice Admission with Application. (Attachments: #1 Text of Proposed Order PROPOSED ORDER, #2 Certificate of Service Certificate of Service)(MCFARLIN, MICHAEL) |
| Document 41 Mailed to Counsel: Barton L Slavin JOHN H. BEISNER James M Stanton Michael V Powell TERRI BRUKSCH (dt) |
| DOC. NO. 42 MAILED TO ATTYS SLAVIN, BEISNER, STANTON, POWELL, BRUKSCH ON 1/30/2023.(md) |
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Filing 42
ORDER THAT A TELEPHONIC STATUS CONFERENCE SET FOR 2/23/2023 02:30 PM IN Telephone Conference BEFORE MAGISTRATE JUDGE PAMELA A. CARLOS; ETC. AS HEREIN. SIGNED BY MAGISTRATE JUDGE PAMELA A. CARLOS ON 1/27/23. 1/27/23 ENTERED AND COPIES NOT MAILED TO COUNSEL AND E-MAILED.(mas)
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Filing 41
ORDER THAT THE PENDING MOTIONS IN LIMINE, ECF NOS. #15 , #20 , #21 , AND #22 , ARE DISMISSED WITHOUT PREJUDICE. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 1/27/23.1/27/23 ENTERED AND COPIES NOT MAILED TO COUNSEL AND E-MAILED.(mas)
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Filing 40
ORDER THAT THE WITHIN MATTER IS REFERRED TO UNITED STATES MAGISTRATE JUDGE PAMELA A. CARLOS TO SCHEDULE AND CONDUCT A SETTLEMENT CONFERENCE ON OR AFTER MAY 25, 2023. IN THE EVENT ANY DEFENDANT HAS NOT YET ENTERED AN APPEARANCE AT THE TIME OF THIS ORDER, PLAINTIFF SHALL SERVE A COPY OF THIS ORDER UPON THAT DEFENDANT. AS A MATTER OF STANDARD OPERATING PROCEDURE, THE OFFICE OF THE UNITED STATES MAGISTRATE JUDGE WILL CONTACT COUNSEL FOR THE PARTIES IN THE NEAR FUTURE. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 1/26/23. 1/26/23 ENTERED AND COPIES MAILED TO COUNSEL AND E-MAILED.(mas)
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Filing 39
ORDER THAT FINAL PRETRIAL CONFERENCE SET FOR 8/8/2023 04:00 PM IN Cahn 3C BEFORE HONORABLE JOSEPH F. LEESON JR.; DISCOVERY DUE BY 4/25/2023; MOTIONS DUE BY 4/25/2023; TRIAL DATE SET FOR 8/14/2023 09:00 AM IN Courtroom TBD BEFORE HONORABLE JOSEPH F. LEESON JR.; ETC. AS HEREIN. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 1/26/23. 1/26/23 ENTERED AND COPIES MAILED TO COUNSEL AND E-MAILED.(mas)
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| Filing 38 Minute Entry for proceedings held before HONORABLE JOSEPH F. LEESON, JR. Pretrial Conference held on 1/25/23. (mas) |
| Filing 37 NOTICE of Appearance by Cathryn Ryan on behalf of DEPUY ORTHOPAEDICS, INC,, JOHNSON & JOHNSON INC, JOHNSON & JOHNSON SERVICES, INC. with Certificate of Service(Ryan, Cathryn) |
| Filing 36 RESPONSE in Opposition re #22 MOTION in Limine to Exclude Defense Experts from Being Designated as Experts, #21 MOTION in Limine to Limit or Exclude Defense Testimony filed by DEPUY ORTHOPAEDICS, INC,, JOHNSON & JOHNSON INC, JOHNSON & JOHNSON SERVICES, INC.. (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 Text of Proposed Order)(MILLER, CHANDA) |
| Filing 35 NOTICE of Appearance by CHANDA A MILLER on behalf of DEPUY ORTHOPAEDICS, INC,, JOHNSON & JOHNSON INC, JOHNSON & JOHNSON SERVICES, INC. with Certificate of Service(MILLER, CHANDA) |
| Filing 34 NOTICE OF SCHEDULING OF FED.R.CIV.P. 16 PRETRIAL CONFERENCE: A FEDERAL RULE OF CIVIL PROCEDURE 16 PRETRIAL CONFERENCE HAS BEEN SCHEDULED FOR WEDNESDAY, JANUARY 25, 2023, AT 3:30 P.M. BEFORE THE HONORABLE JOSEPH F. LEESON, JR. VIA TELEPHONE. SEE NOTICE FOR CALL-IN INFORMATION.(dja) (COPIES MAILED OUT BY COURTROOM DEPUTY) Modified on 1/11/2023 (mas). |
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Filing 33
ORDER THAT COUNSEL FOR PLAINTIFF[S] MUST SERVE THIS ORDER ON EVERY PARTY TO THIS CASE IMMEDIATELY AFTER THE PARTYS FIRST APPEARANCE, UNLESS THIS CASE WAS REMOVED FROM STATE COURT, IN WHICH CASE THIS RESPONSIBILITY FALLS ON COUNSEL FOR THE PARTY WHO REMOVED THE CASE; ETC. AS HEREIN. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 1/4/23. 1/4/23 ENTERED AND COPIES MAILED AND E-MAILED.(mas)
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| Filing 32 Case transferred in from District of Texas Northern; Case Number 3:20-cv-02786. Original file certified copy of transfer order and docket sheet received. |
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Filing 31
ORDER TRANSFERRING CASES PURSUANT TO 28 U.S.C. 1404 - Pursuant to Case Management Order #1 [Dkt. 20] and 28 U.S.C 1404, this Court transfers the identified cases to the appropriate United States District Court as identified above. (Ordered by Judge Ed Kinkeade on 12/30/2022) (chmb) [Transferred from Texas Northern on 1/3/2023.]
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| Filing 30 (Document Restricted) Sealed Response and Objection re: #22 Motion in Limine (Sealed pursuant to order dated 6/20/2012) filed by DePuy Orthopaedics Inc, Johnson & Johnson Inc, Johnson & Johnson Services Inc (Attachments: #1 Exhibit(s) Appendix of Exhibits) (Beisner, John) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 29 NOTICE of the Special Master's rulings. After reviewing the pleadings on file including the parties' joint status reports [Dkts. 14, 23] and conducting a telephonic hearing on December 28, 2022 [Dkt. 27], the special master recommends transferring this case for further proceedings because this case is in the process of completing discovery and ready to be set for trial; consequently, the case would no longer benefit from inclusion in the coordinated or consolidated pretrial proceedings before this Court. Further, the special master recommends transferring the case to the Eastern District of Pennsylvania pursuant to the recommendation in the parties' joint status report [Dkt. 18]. The following motions are currently pending in this case: Motion to Exclude [Dkt. 15]; and Motions in Limine [Dkts. 20, 21, 22]. Because ruling on these motions will directly impact the claims, defenses, and presentation and admissibility of evidence at trial, the special master recommends this Court defer ruling on these motions to permit consideration by the transferee court which will have responsibility for putting the case on trial. filed by Special Master (Stanton, James) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 28 RESPONSE AND OBJECTION filed by DePuy Orthopaedics Inc, Johnson & Johnson Inc, Johnson & Johnson Services Inc re: #21 MOTION in Limine to Limit or Exclude Defense Testimony (Beisner, John) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 27 Administrative Record consisting of REPORTER'S TRANSCRIPT OF TELEPHONIC STATUS CONFERENCE HAD ON WEDNESDAY, DECEMBER 28, 2022 filed by Special Master. (Stanton, James) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 26 NOTICE of the Special Master's rulings. By January 3, 2023, the parties are directed to file a joint status report with a list of any filing a party desires to be included in this individual case from the docket of In re: Depuy Orthopaedics 3:11-MD-2244-K pending in the United States District Court for the Northern District of Texas. The joint status report shall provide a single list of requested filings in chronological order identified by docket number and document title. filed by Special Master (Stanton, James) [Transferred from Texas Northern on 1/3/2023.] |
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Filing 25
ELECTRONIC ORDER - Before the Court is Plaintiff's Motion to Amend Scheduling Order [Dkt. 10]. On December 2, 2022, the Special Master recommended denial of the motion and no objections have been filed and therefore the motion is DENIED. (Ordered by Judge Ed Kinkeade on 12/28/2022) (chmb) [Transferred from Texas Northern on 1/3/2023.]
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| Filing 24 RESPONSE AND OBJECTION filed by Terry Dickel re: #15 MOTION TO EXCLUDE THE OPINIONS OF CERTAIN PLAINTIFFS EXPERTS (Slavin, Barton) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 23 Joint STATUS REPORT filed by DePuy Orthopaedics Inc, Johnson & Johnson Inc, Johnson & Johnson Services Inc. (Bruksch, Terri) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 22 MOTION in Limine to Exclude Defense Experts from Being Designated as Experts filed by Terry Dickel with Brief/Memorandum in Support. (Attachments: #1 Memorandum in Support) (Slavin, Barton) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 21 MOTION in Limine to Limit or Exclude Defense Testimony filed by Terry Dickel with Brief/Memorandum in Support. (Attachments: #1 Memorandum in Support) (Slavin, Barton) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 20 MOTION in Limine (Omnibus) filed by DePuy Orthopaedics Inc, Johnson & Johnson Inc, Johnson & Johnson Services Inc with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Beisner, John) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 19 NOTICE of hearing. On December 2, 2022, the parties were directed to file a joint status report by December 16, 2022. By 5:00 p.m. Central on December 27, 2022, the parties are directed to file an updated joint status report. The parties are directed to attend a telephonic status conference on December 28, 2022 at 8:45 a.m. Central using the following information: Call in number 800.977.8002; Passcode 8325765#. filed by Special Master (Stanton, James) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 18 Joint STATUS REPORT filed by DePuy Orthopaedics Inc, Johnson & Johnson Inc, Johnson & Johnson Services Inc. (Bruksch, Terri) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 17 NOTICE of amendment to correct technical error in the original docket entry. The original complaint [Dkt. 1] was direct-filed in the Northern District of Texas pursuant to this Court's Case Management Order #1 in MDL 2244 [Dkt. 20]. By December 22, 2022, the parties are directed to file a joint status report with the Court providing their recommendations on a court of appropriate jurisdiction for trial pursuant to 28 U.S.C. 1404. [Dkt. 20, *paragraph* 17]. filed by Special Master (Stanton, James) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 16 NOTICE of the special mater's rulings. The original complaint [Dkt. 1] was direct-filed in the Northern District of Texas pursuant to this Court's Case Management Order #1 in MDL 2244 [Dkt. 20]. By December 22, 2022, the parties are directed to file a joint status report with the Court providing their recommendations on a court of appropriate jurisdiction for trial pursuant to 28 U.S.C. 1404. [Dkt. 20, 17]. filed by Special Master (Stanton, James) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 15 MOTION TO EXCLUDE THE OPINIONS OF CERTAIN PLAINTIFFS EXPERTS filed by DePuy Orthopaedics Inc, Johnson & Johnson Inc, Johnson & Johnson Services Inc with Brief/Memorandum in Support. (Attachments: #1 Proposed Order)Attorney John H Beisner added to party DePuy Orthopaedics Inc(pty:dft), Attorney John H Beisner added to party Johnson & Johnson Inc(pty:dft), Attorney John H Beisner added to party Johnson & Johnson Services Inc(pty:dft) (Beisner, John) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 14 Joint STATUS REPORT filed by DePuy Orthopaedics Inc, Johnson & Johnson Inc, Johnson & Johnson Services Inc. (Bruksch, Terri) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 13 NOTICE of the Special Master's rulings: Pursuant to the special master's report of December 1, 2022 [Dkt. 12], and the Court's Scheduling Order of September 16, 2022 [Dkt. 5], the parties are directed to confer and file, by December 9, 2022, a joint status report regarding any matters that require the Court's attention to comply with the Court's Scheduling Order. Motion to Amend Scheduling Order [Dkt. 10] should be DENIED without prejudice to being re-urged after providing the Court with the December 9, 2022, status report. filed by Special Master (Stanton, James) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 12 SPECIAL MASTER'S STATUS REPORT - Presently there are eighty-two cases remaining in this MDL. Sixty-six of the remaining cases are on a scheduling order where all pre-trial filings will be complete by December 30, 2022; twelve of the cases are on a scheduling order with pre-trial filings complete by March 3, 2023; and, four cases are subject to dismissal if service is not quickly accomplished. Although over half of the remaining cases in the MDL have efficiently moved forward on the scheduling order, a select few cases have required significant attention through motions practice and some parties stated inability to meet the Court's deadlines. Many of the issues raised in the motions were resolved through hearings or through agreement. In the previous 45 days, I have conducted numerous formal and informal status conferences. The transcripts and docket entry from those conferences are attached and are being docketed in all cases remaining in the MDL because they could affect outstanding legal and factual disputes among the parties in any of the cases. (Attachments: #1 10-18-2022 Conference Transcript, #2 10-19-2022 Conference Transcript, #3 10-23-2022 Conference Transcript, #4 10-28-2022 Conference Transcript, #5 Docket Entry 1283, #6 11-16-2022 Conference Transcript) (Stanton, James M.) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 11 Joint Submission on Discovery Matters by Terry Dickel. (Attachments: #1 Exhibit(s) Lent supporting papers, #2 Exhibit(s) Gannon statement, #3 Exhibit(s) Cann statement, #4 Exhibit(s) Drumwright statement, #5 Exhibit(s) Egilman statement, #6 Exhibit(s) Hallman statement, #7 Exhibit(s) Irving statement, #8 Exhibit(s) Jewell # 1, #9 Exhibit(s) Jewel # 2, #10 Exhibit(s) Jewel # 3, #11 Exhibit(s) Kessler statement, #12 Exhibit(s) Morrey statement, #13 Proposed Amendment Nargol # 1, #14 Exhibit(s) Nargol # 2, #15 Exhibit(s) Nargol # 3, #16 Exhibit(s) Philips statement, #17 Exhibit(s) Sawyer statement, #18 Exhibit(s) Sawyer # 2, #19 Exhibit(s) Tichy statement) (Slavin, Barton) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 10 MOTION to Amend Scheduling Order filed by Terry Dickel (Slavin, Barton) Docket event and text modified on 10/28/2022 (twd). [Transferred from Texas Northern on 1/3/2023.] |
| Filing 9 Counter STATUS REPORT Response & Objection to Defendants' Status Report of October 3, 2022 filed by Terry Dickel. (Slavin, Barton) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 8 ANSWER to #1 Complaint,,,,, with Jury Demand filed by Johnson & Johnson Inc, Johnson & Johnson Services Inc. 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 Terri Bruksch added to party Johnson & Johnson Inc(pty:dft), Attorney Terri Bruksch added to party Johnson & Johnson Services Inc(pty:dft) (Bruksch, Terri) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 7 ANSWER to #1 Complaint,,,,, with Jury Demand filed by DePuy Orthopaedics Inc. 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 Terri Bruksch added to party DePuy Orthopaedics Inc(pty:dft) (Bruksch, Terri) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 6 STATUS REPORT filed by DePuy International Limited, DePuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson Company, Johnson & Johnson Services Inc. (Bruksch, Terri) [Transferred from Texas Northern on 1/3/2023.] |
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Filing 5
SCHEDULING ORDER: Pursuant to Federal Rule of Civil Procedure 16(b), the Court enters this Scheduling Order: 1. Each Plaintiff shall amend pleadings by September 30, 2022; Each Defendantshall amend pleadings by October 14, 2022. 2. Each Plaintiff shall provide expert designations, materials, and reports required by the Federal Rules of Civil Procedure by October 28, 2022; the deposition of each Plaintiff expert shall be conducted between November 7, 2022, and November 18, 2022. 3. Each Defendant shall provide expert designations, materials, and reports required by the Federal Rules of Civil Procedure by November 4, 2002; the deposition of each Defendant expert shall be conducted between November 21, 2022 and December 2, 2022. 4. All discovery shall be completed by December 9, 2022. 5. All dispositive motions or Daubert motions shall be filed by December 16, 2022; and any response to the motions shall be filed by December 30, 2022. 6. The parties shall file motions in limine as well as any motions seeking to limit the testimony of any witness at trial for any reason by December 21, 2022. (Ordered by Judge Ed Kinkeade on 9/16/2022) (chmb) [Transferred from Texas Northern on 1/3/2023.]
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| Filing 4 STATUS REPORT (Defendants' Report) filed by DePuy International Limited, DePuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson Company, Johnson & Johnson Services Inc. (Bruksch, Terri) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 3 STATUS REPORT (Defendants' Report) filed by DePuy International Limited, DePuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson Company, Johnson & Johnson Services Inc. (Bruksch, Terri) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 2 STATUS REPORT (Defendants' Report) filed by DePuy International Limited, DePuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson Company, Johnson & Johnson Services Inc. (Bruksch, Terri) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 1 COMPLAINT WITH JURY DEMAND against DePuy Orthopaedics Inc filed by Terry Dickel. (Filing fee $400; Receipt number 0539-11147300) Clerk to issue summons(es). Filer indicates this case is related to MDL Case No. 2244, In re: DePuy Orthopedics, Inc., Pinnacle Hip Implant Products Liability Litigation, pending before Judge Ed Kinkeade. 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 Certificate of Interested Persons, #2 Civil Cover Sheet, #3 Notice of Related Case) (Slavin, Barton) [Transferred from Texas Northern on 1/3/2023.] |
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