Valdera et al v. Deutsche Bank National Trust Company et al
| Sobieda Valdera, Bahij Boutros and Juan Valdera |
| PHH Mortgage Corporation and Deutsche Bank National Trust Company |
| 1:2020cv00470 |
| November 3, 2020 |
| US District Court for the District of Rhode Island |
| John J McConnell |
| Patricia A Sullivan |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 26, 2022. A more recent docket listing may be available from PACER.
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TEXT ORDER denying #46 Motion to Amend: Plaintiffs' MOTION to Alter or Amend the Judgment #46 Pursuant to FRCP 59 is DENIED. After reviewing the briefing, the Court finds that there is no basis to alter or amend its judgment in favor of Defendants under either Rule 59 or on the evidence in the record or law applicable to Plaintiffs' claims. So Ordered by Chief Judge John J. McConnell, Jr. on 10/26/2022. (Jackson, Ryan)
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Filing 50
REPLY to Response re #47 Response to Motion, filed by All Plaintiffs. (Ennis, John)
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TEXT ORDER granting #49 Assented MOTION for an Extension of Time to File Reply to #47 Response to Motionre: #46 MOTION to Amend/Correct; Replies due by 10/18/2022. So Ordered by Chief Judge John J. McConnell, Jr. on 10/11/2022. (Jackson, Ryan)
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Filing 49
Assented MOTION for an Extension of Time to File Response/Reply as to #47 Response to Motion, to October 18, 2022 filed by Juan Valdera, Sobieda Valdera. Responses due by 10/21/2022. (Ennis, John)
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TEXT ORDER granting #48 Assented MOTION for an Extension of Time to File Reply to #47 Response to #46 MOTION to Amend/Correct; Replies due by 10/5/2022. So Ordered by Chief Judge John J. McConnell, Jr. on 9/27/2022. (Jackson, Ryan)
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Filing 48
Assented MOTION for an Extension of Time to File Response/Reply as to #47 Response to Motion, to October 5, 2022 filed by All Plaintiffs. Responses due by 10/7/2022. (Ennis, John)
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Filing 47
RESPONSE In Opposition to #46 MOTION to Amend/Correct #45 Judgment, #44 Order on Motion for Summary Judgment with certificate of service filed by Deutsche Bank National Trust Company, PHH Mortgage Corporation. Replies due by 9/22/2022. (McNicholas, John)
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Filing 46
MOTION to Amend/Correct #45 Judgment, #44 Order on Motion for Summary Judgment filed by All Plaintiffs. Responses due by 9/16/2022. (Attachments: #1 Supporting Memorandum)(Ennis, John)
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Filing 45
JUDGMENT in favor of Deutsche Bank National Trust Company, PHH Mortgage Corporation against Bahij Boutros, Juan Valdera, Sobieda Valdera. So Ordered by Clerk of Court on 8/5/2022. (Simoncelli, Michael)
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Filing 44
MEMORANDUM AND ORDER granting #20 Motion for Summary Judgment and vacating the Temporary Restraining Order entered by Text Order on November 4, 2020. So Ordered by Chief Judge John J. McConnell, Jr. on 8/5/2022. (Simoncelli, Michael)
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Filing 43
AFFIDAVIT re #41 Response in Opposition, #42 Affidavit, #40 Reply to Response by Deutsche Bank National Trust Company, PHH Mortgage Corporation. (McNicholas, John)
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Filing 42
AFFIDAVIT re #40 Reply to Response, #41 Response in Opposition by Deutsche Bank National Trust Company, PHH Mortgage Corporation. (Attachments: #1 Exhibit 1 - Order, #2 Exhibit 2 - Affidavit, #3 Exhibit 3 - Judgment, #4 Exhibit 4 - Note)(McNicholas, John)
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Filing 41
RESPONSE IN OPPOSITION by Deutsche Bank National Trust Company, PHH Mortgage Corporation re #35 Statement of Undisputed Facts with certificate of service. (McNicholas, John)
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Filing 40
REPLY to Response re #31 Response to Motion for Summary Judgment with certificate of service filed by Deutsche Bank National Trust Company, PHH Mortgage Corporation. (McNicholas, John)
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Filing 39
Assented MOTION for an Extension of Time to File Response/Reply as to #33 Statement of Disputed Facts, #32 Affidavit, #31 Response to Motion, #34 Memorandum in Support, #35 Statement of Undisputed Facts 3rd and final motion with certificate of service filed by Deutsche Bank National Trust Company, PHH Mortgage Corporation. Responses due by 7/15/2022. (McNicholas, John)
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TEXT ORDER granting #39 Assented MOTION for an Extension of Time to File Reply to #20 MOTION for Summary Judgment with certificate of service; Replies due by 7/6/2022. So Ordered by Chief Judge John J. McConnell, Jr. on 7/1/2022. (Jackson, Ryan)
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TEXT ORDER granting #38 Assented MOTION for an Extension of Time to File Reply to PLAINTIFFS MEMORANDUM OF LAW IN OPPOSITION to #20 MOTION for Summary Judgment; Replies due by 7/1/2022. So Ordered by Chief Judge John J. McConnell, Jr. on 6/15/2022. (Jackson, Ryan)
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Filing 38
Assented MOTION for an Extension of Time to File Response/Reply TO PLAINTIFFS MEMORANDUM OF LAW IN OPPOSITIONTO DEFENDANTS MOTION FOR SUMMARY JUDGMENT with certificate of Service filed by Deutsche Bank National Trust Company, PHH Mortgage Corporation. Responses due by 6/28/2022. (McNicholas, John)
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TEXT ORDER granting #37 Assented MOTION for an Extension of Time to File Reply to #20 MOTION for Summary Judgment up to and including 6/17/22. So Ordered by Chief Judge John J. McConnell, Jr. on 5/12/2022. (Jackson, Ryan)
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TEXT ORDER granting nunc pro tunc #36 Motion for Extension of Time to File Response to #33 Statement of Disputed Facts, #20 MOTION for Summary Judgment; Responses due by 5/11/2022. So Ordered by Chief Judge John J. McConnell, Jr. on 5/12/2022. (Jackson, Ryan)
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Filing 37
Assented MOTION for an Extension of Time to File Reply Memorandum with certificate of service filed by Deutsche Bank National Trust Company, PHH Mortgage Corporation. Responses due by 5/25/2022. (McNicholas, John)
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Filing 36
MOTION for an Extension of Time to File Response/Reply as to #33 Statement of Disputed Facts, #31 Response to Motion to May 11, 2022 filed by All Plaintiffs. Responses due by 5/24/2022. (Ennis, John)
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Filing 35
STATEMENT OF UNDISPUTED FACTS by All Plaintiffs re #31 Response to Motion. (Ennis, John)
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Filing 34
MEMORANDUM IN SUPPORT by All Plaintiffs in support of #31 Response to Motion for Summary Judgment. (Ennis, John)
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TEXT ORDER granting nunc pro tunc #30 Assented MOTION for an Extension of Time to File Response to #20 MOTION for Summary Judgment; Responses due by 5/10/2022. So Ordered by Chief Judge John J. McConnell, Jr. on 5/10/2022. (Jackson, Ryan)
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Filing 33
STATEMENT OF DISPUTED FACTS by All Plaintiffs re #31 Response to Motion. (Ennis, John)
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Filing 32
AFFIDAVIT re #31 Response to Motion for Summary Judgment by All Plaintiffs. (Attachments: #1 Exhibit Residential Sales Agreement, #2 Exhibit Tax Assessor Card)(Ennis, John)
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Filing 31
RESPONSE In Opposition to #20 MOTION for Summary Judgment with certificate of service With Supporting Memorandum to be filed filed by All Plaintiffs. Replies due by 5/16/2022. (Ennis, John)
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Filing 30
Assented MOTION for an Extension of Time to File Response/Reply as to #20 MOTION for Summary Judgment with certificate of service To May 10, 2022 at 11:00 AM filed by All Plaintiffs. Responses due by 5/23/2022. (Ennis, John)
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Filing 29
Assented MOTION for an Extension of Time to File Response/Reply as to #20 MOTION for Summary Judgment with certificate of service to May 9, 2022 filed by All Plaintiffs. Responses due by 5/20/2022. (Ennis, John)
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TEXT ORDER granting #29 Assented MOTION for an Extension of Time to File Response to #20 MOTION for Summary Judgment; Responses due by 5/9/2022. So Ordered by Chief Judge John J. McConnell, Jr. on 5/6/2022. (Jackson, Ryan)
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TEXT ORDER granting #28 MOTION for an Extension of Time to File Response to #20 MOTION for Summary Judgment. No Further Extensions of this Deadline will be Granted; Responses due by 5/6/2022. So Ordered by Chief Judge John J. McConnell, Jr. on 4/11/2022. (Jackson, Ryan)
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Filing 28
MOTION for an Extension of Time to File Response/Reply as to #20 MOTION for Summary Judgment with certificate of service to May 6, 2022 filed by All Plaintiffs. Responses due by 4/22/2022. (Ennis, John)
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Filing 27
MOTION for an Extension of Time to File Response/Reply as to Order on Motion for Extension of Time to File Response/Reply, #20 MOTION for Summary Judgment with certificate of service to April 6, 2022 filed by All Plaintiffs. Responses due by 3/23/2022. (Ennis, John)
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TEXT ORDER granting #27 MOTION for an Extension of Time to File Response to #20 MOTION for Summary Judgment; Responses due by 4/6/2022. So Ordered by Chief Judge John J. McConnell, Jr. on 3/9/2022. (Jackson, Ryan)
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TEXT ORDER granting #26 Assented MOTION for an Extension of Time to File Response to #20 MOTION for Summary Judgment; Responses due by 3/7/2022. So Ordered by Chief Judge John J. McConnell, Jr. on 2/4/2022. (Jackson, Ryan)
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Filing 26
Assented MOTION for an Extension of Time to File Response/Reply as to #20 MOTION for Summary Judgment with certificate of service to March 7, 2020 filed by All Plaintiffs. Responses due by 2/17/2022. (Ennis, John)
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Filing 25
AFFIDAVIT re #21 Statement of Undisputed Facts, #20 MOTION for Summary Judgment with certificate of service by All Defendants. (Attachments: #1 Exhibit 1 - Notices of Default, #2 Exhibit 2 - Acceleration Letters, #3 Exhibit 3 - BK Court Order on relief)(McNicholas, John)
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Filing 24
AFFIDAVIT re #21 Statement of Undisputed Facts, #20 MOTION for Summary Judgment with certificate of service by All Defendants. (Attachments: #1 Exhibit A - Certificate of Merger, #2 Exhibit B - Notices, #3 Exhibit C - Mailing Affidavit, #4 Exhibit D - Green Card, #5 Exhibit E - Debt Dispute, #6 Exhibit F - Debt Dispute Response)(McNicholas, John)
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Filing 23
AFFIDAVIT re #21 Statement of Undisputed Facts, #20 MOTION for Summary Judgment with certificate of service by All Defendants. (Attachments: #1 Exhibit 1 - Commercial Note, #2 Exhibit 2 - Notices of Default, #3 Exhibit 3 - Payment History)(McNicholas, John)
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Filing 22
AFFIDAVIT re #21 Statement of Undisputed Facts, #20 MOTION for Summary Judgment with certificate of service by All Defendants. (Attachments: #1 Exhibit A - Appraisal, #2 Exhibit B - Commercial Note, #3 Exhibit C - Mortgage, #4 Exhibit D - Loan Application, #5 Exhibit E - Affidavit of Commercial Purpose, #6 Exhibit F - Assignment of Rents, #7 Exhibit G - Assignment of Mortgage, #8 Exhibit H - Limited Power of Attorney, #9 Exhibit I - Declaratory Judgment, #10 Exhibit J - Mortgage Loan Purchase Agreement, #11 Exhibit K - PSA)(McNicholas, John)
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Filing 21
STATEMENT OF UNDISPUTED FACTS with certificate of service by All Defendants re #20 MOTION for Summary Judgment with certificate of service. (McNicholas, John)
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Filing 20
MOTION for Summary Judgment with certificate of service filed by All Defendants. Responses due by 2/3/2022. (Attachments: #1 Supporting Memorandum, #2 Exhibit A - Exhibit to memorandum - Commercial Note indorsed in blank, #3 Exhibit B - Exhibit to memorandum - Law Review Article)(McNicholas, John)
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CORRECTED Deadlines ENTERED Pursuant to TEXT Order granting #19 Assented MOTION to Amend/Correct #18 Pretrial Scheduling Order: Factual Discovery to be completed by 9/20/2021; Plaintiff Expert Disclosures shall be made by 10/20/2021; Defendant Expert Disclosures shall be made by 11/20/2021; All Expert Discovery to be completed by 12/20/2021; Dispositive Motions to be filed by 1/20/2022 (Jackson, Ryan)
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TEXT ORDER granting #19 Motion to Amend/Correct; Reset Scheduling Order Deadlines: Factual Discovery to close by 1/12/2022; Plaintiffs' Expert Disclosures shall be made by 2/11/2022; Defendants' Expert Disclosures shall be made by 3/14/2022; Expert Discovery to close by 4/13/2022 and Dispositive Motions shall be filed by 5/13/2022 - So Ordered by Chief Judge John J. McConnell, Jr. on 7/12/2021. (Barletta, Barbara)
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Filing 19
Assented MOTION to Amend/Correct #18 Pretrial Scheduling Order, by Sixty Days for each Deadline filed by Bahij Boutros, Juan Valdera, Sobieda Valdera. Responses due by 7/26/2021. (Ennis, John)
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Filing 18
PRETRIAL SCHEDULING ORDER: Factual Discovery to close by 7/20/2021; Plaintiff's Expert Disclosures shall be made by 8/20/2021; Defendants' Expert Disclosures shall be made by 9/20/2021; Expert Discovery to close by 10/20/2021 and Dispositive Motions shall be filed by 11/19/2021 - So Ordered by Chief Judge John J. McConnell, Jr. on 1/20/2021. (Barletta, Barbara)
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Minute Entry for proceedings held before Chief Judge John J. McConnell, Jr.: Telephonic Rule 16 Conference held on 1/20/2021; counsel of record participated (Barletta, Barbara)
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Filing 17
RULE 16 STATEMENT by All Plaintiffs. (Ennis, John)
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Filing 16
RULE 16 STATEMENT by Deutsche Bank National Trust Company, PHH Mortgage Corporation. (McNicholas, John)
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Filing 15
Summons Issued as to Deutsche Bank National Trust Company. (Hicks, Alyson)
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Filing 14
Summons Issued as to PHH Mortgage Corporation. (Hicks, Alyson)
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Filing 13
Summons Request filed by Bahij Boutros, Juan Valdera, Sobieda Valdera. (Ennis, John)
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Filing 12
Summons Request filed by Bahij Boutros, Juan Valdera, Sobieda Valdera. (Ennis, John)
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Filing 11
NOTICE of Hearing: Telephonic Rule 16 Conference set for Wednesday, 1/20/2021 at 09:30 AM before Chief Judge John J. McConnell, Jr.; Call in instructions will be provided to counsel of record prior to the conference (Barletta, Barbara)
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Filing 10
ANSWER to Complaint with certificate of service by Deutsche Bank National Trust Company, PHH Mortgage Corporation.(McNicholas, John)
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TEXT ORDER entering #9 Stipulation to extend time; Reset Deadlines: Deutsche Bank National Trust Company answer or responsive plading due 12/18/2020; PHH Mortgage Corporation answer or responsive pleadings due 12/18/2020- So Ordered by Chief Judge John J. McConnell, Jr. on 11/19/2020. (Barletta, Barbara)
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Filing 9
Joint STIPULATION EXTENDING TIME FOR DEFENDANTS, PHH AND DEUTSCHE BANK, TO FILE AN ANSWER OR OTHER RESPONSIVE PLEADING TO PLAINTIFFS COMPLAINT filed by Deutsche Bank National Trust Company, PHH Mortgage Corporation. (McNicholas, John)
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Filing 8
NOTICE of Appearance by John S. McNicholas on behalf of Deutsche Bank National Trust Company, PHH Mortgage Corporation (McNicholas, John)
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Filing 7
AFFIDAVIT re #6 Response to Motion, with certificate of service by Deutsche Bank National Trust Company, PHH Mortgage Corporation. (Attachments: #1 Exhibit A - Bailee Letter)(McNicholas, John)
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Filing 6
RESPONSE In Opposition to #4 MOTION for Temporary Restraining Order with certificate of service filed by Deutsche Bank National Trust Company, PHH Mortgage Corporation. Replies due by 11/12/2020. (Attachments: #1 Supporting Memorandum Memorandum of Law in Support, #2 Exhibit A - Exhibit to memorandum, #3 Exhibit B - Exhibit to memorandum, #4 Exhibit C - Exhibit to memorandum)(McNicholas, John)
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Minute Entry for proceedings held via Zoom before District Judge Mary S. McElroy: Remote Chambers Conference held on 11/4/2020. John Ennis and John McNicholas participated. (9:00 a.m. via Zoom, Court Reporter Denise Veitch.) (Urizandi, Nisshy)
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TEXT ORDER granting #4 MOTION for a Temporary Restraining Order. Among the plaintiffs' arguments, they have at least demonstrated a likelihood of success on the merits on their assertion that the defendants did not comply with R.I.G.L. 34-27-3.1, requiring a timely notice of foreclosure counseling. The other factors the Court must also consider in the granting of injunctive relief weigh heavily in the plaintiffs' favor. The pending foreclosure sale, if it proceeded, would cause irreparable harm to the plaintiffs as at least one of them still uses the property as a residence. For the same reason, the balance of the equities favors the plaintiffs. Finally, public policy supports a mortgagees strict compliance with statutory conditions precedent in foreclosure actions - So Ordered by District Judge Mary S. McElroy on 11/4/2020. (Urizandi, Nisshy)
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| Filing 5 MEMORANDUM IN SUPPORT by All Plaintiffs in support of #4 MOTION for Temporary Restraining Order . (Ennis, John) |
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Filing 5
MEMORANDUM IN SUPPORT by All Plaintiffs in support of #4 MOTION for Temporary Restraining Order . (Ennis, John)
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| Filing 4 MOTION for Temporary Restraining Order filed by All Plaintiffs. (Attachments: #1 Affidavit, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Ennis, John) |
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Filing 4
MOTION for Temporary Restraining Order filed by All Plaintiffs. (Attachments: #1 Affidavit, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Ennis, John)
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Filing 3
CASE OPENING NOTICE ISSUED (Hicks, Alyson)
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| Filing 3 CASE OPENING NOTICE ISSUED (Hicks, Alyson) |
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Filing 2
Civil Cover Sheet filed by All Plaintiffs. Regarding New Case: #1 Complaint . (Ennis, John) (Main Document 2 replaced with signed version on 11/3/2020) (Hicks, Alyson).
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| Filing 2 Civil Cover Sheet filed by All Plaintiffs. Regarding New Case: #1 Complaint . (Ennis, John) (Main Document 2 replaced with signed version on 11/3/2020) (Hicks, Alyson). |
| Filing 1 COMPLAINT ( filing fee paid $ 400.00, receipt number 0103-1564936 ), filed by Juan Valdera, Bahij Boutros, Sobieda Valdera. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Ennis, John) |
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Filing 1
COMPLAINT ( filing fee paid $ 400.00, receipt number 0103-1564936 ), filed by Juan Valdera, Bahij Boutros, Sobieda Valdera. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Ennis, John)
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| Case assigned to Chief Judge John J. McConnell, Jr. and Magistrate Judge Patricia A. Sullivan. (Hicks, Alyson) |
| NOTICE of Remote Hearing: Chambers Conference set for 11/4/2020 at 09:00 AM via Zoom before District Judge Mary S. McElroy. The Court will send Zoom access information to counsel by email. (Urizandi, Nisshy) |
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Case assigned to Chief Judge John J. McConnell, Jr. and Magistrate Judge Patricia A. Sullivan. (Hicks, Alyson)
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NOTICE of Remote Hearing: Chambers Conference set for 11/4/2020 at 09:00 AM via Zoom before District Judge Mary S. McElroy. The Court will send Zoom access information to counsel by email. (Urizandi, Nisshy)
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