Kilgore v. Williams et al
| Rodney Kilgore, Rodney Kilgore Kilgore d/b/a Monteagle Wrecker Service of Chattanooga and Rodney Kilgore doing business as Monteagle Wrecker Service of Chattanooga |
| North Dallas Honey Company, Nature Nate's, Cheryl Williams, Cheryl Williams doing business as Cheryl Williams Trucking, LLC, North Dallas Honey Company, LP doing business as Nature Nate's and Cheryl Williams Trucking, LLC |
| 1:2018cv00096 |
| May 14, 2018 |
| US District Court for the Eastern District of Tennessee |
| Chattanooga Office |
| Hamilton |
| Christopher H Steger |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Account Receivable |
| Both |
Docket Report
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This docket was last retrieved on September 16, 2019. A more recent docket listing may be available from PACER.
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| Filing 80 STIPULATION of Dismissal case by Rodney Kilgore. (Leonard, Russell) |
| Filing 79 NOTICE of Voluntary Dismissal of case With Prejudice by Rodney Kilgore (Leonard, Russell) |
| Filing 78 NOTICE by Cheryl Williams Trucking, LLC Notice of Automatic Stay and Suggestions of Bankruptcy for Defendant Cheryl Williams Trucking, LLC (Spitler, Brian) |
| Filing 77 ANSWER to #76 Amended Complaint Defendant Cheryl Williams, d/b/a Cheryl Williams Trucking, LLC's Answer to Amended Complaint by Cheryl Williams Trucking, LLC.(Spitler, Brian) |
| Filing 76 AMENDED COMPLAINT against Cheryl Williams., filed by Rodney Kilgore. (Attachments: #1 Exhibit Billing, #2 Exhibit Referenced Documents and checks)(Leonard, Russell) |
Filing 75
ORDER: 1. Defendant Cheryl Williams' Motion to Dismiss #54 is GRANTED. Williams is hereby DISMISSED WITHOUT PREJUDICE on the basis that the Court has no basis to exercise personal jurisdiction over her. 2. Plaintiff Kilgore's oral motion to amend is GRANTED. Kilgore will have ten days from the entry of this Order to file a Second Amended Complaint to name Cheryl Williams Trucking, LLC, as a defendant. The parties Joint Motion to Stay the Pre-trial Deadlines #70 is DISMISSED AS MOOT; however, at the parties' request, the Court has entered an amended scheduling order #74 establishing a new trial date and pre-trial deadlines. Signed by Magistrate Judge Christopher H Steger on 5/6/19. (AWS)
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Filing 74
FIRST AMENDED SCHEDULING ORDER: Jury Trial set for 3/31/2020 09:00 AM in Courtroom 1B - Chattanooga before Magistrate Judge Christopher H Steger. Final Pretrial Conference set for 3/17/2020 02:00 PM in Courtroom 1B - Chattanooga before Magistrate Judge Christopher H Steger.Signed by Magistrate Judge Christopher H Steger on 5/3/2019. (BJL)
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| Filing 73 Minute Entry for proceedings held before Magistrate Judge Christopher H Steger: Motion Hearing held on 5/3/2019 re #54 First MOTION to Dismiss for Lack of Jurisdiction Defendant Cheryl Williams, d/b/a Cheryl Williams Trucking, LLC's Motion to Dismiss and Supporting Memorandum filed by Cheryl Williams. (Tape #Digital Recorder 1B) (KFB) |
| Filing 72 NOTICE of Hearing on Motions #54 First MOTION to Dismiss for Lack of Jurisdiction and #70 First MOTION to Stay Pre-Trial Deadlines. Hearing set for 5/3/2019 at 10:00 AM EST in Courtroom 1B - Chattanooga before Magistrate Judge Christopher H. Steger. (BRS) |
| Filing 71 MEMORANDUM in Support of Motion re #70 First MOTION to Approve Consent Judgment Consent Motion To Stay Pre-Trial Deadlines Memorandum In Support Of Consent Motion To Stay Pre-Trial Deadlines filed by Cheryl Williams. (Spitler, Brian) |
| Filing 70 First MOTION to Approve Consent Judgment Consent Motion To Stay Pre-Trial Deadlines by Cheryl Williams. (Spitler, Brian) |
| Filing 69 REPLY to Response to Motion re #54 First MOTION to Dismiss for Lack of Jurisdiction Defendant Cheryl Williams, d/b/a Cheryl Williams Trucking, LLC's Motion to Dismiss and Supporting Memorandum filed by Rodney Kilgore. (Leonard, Russell) |
| Filing 68 REPLY to Response to Motion re #54 First MOTION to Dismiss for Lack of Jurisdiction Defendant Cheryl Williams, d/b/a Cheryl Williams Trucking, LLC's Motion to Dismiss and Supporting Memorandum Defendant Cheryl Williams d/b/a Cheryl Williams Trucking, LLC's Reply to Motion to Dismiss filed by Cheryl Williams. (Attachments: #1 Exhibit)(Spitler, Brian) |
| Filing 67 RESPONSE in Opposition re #54 First MOTION to Dismiss for Lack of Jurisdiction Defendant Cheryl Williams, d/b/a Cheryl Williams Trucking, LLC's Motion to Dismiss and Supporting Memorandum filed by Rodney Kilgore. (Attachments: #1 Exhibit Affidavit of Rodney Kilgore with supporting documentation, #2 Exhibit E-mailed communications with Defendant's counsel)(Leonard, Russell) |
| Filing 66 NOTICE by Rodney Kilgore Regarding Initial Disclosures of Plaintiff Rodney Kilgore, d/b/a Monteagle Wrecker Service of Chattanooga (Leonard, Russell) |
| Filing 65 NOTICE by Cheryl Williams Notice Regarding Initial Disclosures Of Defendant Cheryl Williams, d/b/a Cheryl Williams Trucking, LLC (Spitler, Brian) |
| Filing 64 Administrative Notice to Counsel #63 Reply to Response to Motion, : Wrong Event used. Please refile using correct event. Requirements due by 1/22/2019. (BDG, ) |
| Filing 63 REPLY to Response to Motion re #54 First MOTION to Dismiss for Lack of Jurisdiction Defendant Cheryl Williams, d/b/a Cheryl Williams Trucking, LLC's Motion to Dismiss and Supporting Memorandum filed by Rodney Kilgore. (Attachments: #1 Exhibit Affidavit of Rodney Kilgore with supporting documentation, #2 Exhibit E-mailed communications with Defendant's counsel)(Leonard, Russell) |
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Filing 62
ORDER finding as moot #47 Defendant North Dallas Honey Company, LP, d/b/a Nature Nate's Motion to Dismiss Amended Complaint. Through a gavel order dated January 3, 2019 [Doc. 61], pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), the Court granted Plaintiff's motion [Doc. 60] for an order of voluntary dismissal without prejudice with respect to the claims asserted against North Dallas Honey Company, LP, d/b/a Nature Nate's. Consequently, Defendant's Motion to Dismiss [Doc. 47] is denied as moot. This entry is the complete order of the Court. No document is attached. Signed by Magistrate Judge Christopher H Steger on 1/3/19. (Steger, Christopher)
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Filing 61
ORDER granting #60 Plaintiff's Motion for Voluntary Dismissal. Plaintiff has moved the Court for an order of voluntary dismissal without prejudice with respect to the claims asserted against North Dallas Honey Company, LP, d/b/a Nature Nate's. Although Plaintiff's counsel does not expressly indicate the Federal Rule of Civil Procedure relied upon in support of the motion, it is clear to the Court that Plaintiff's motion for voluntary dismissal is based upon Fed. R. Civ. P. 41(a)(1)(A)(i). For good cause shown, Plaintiff's Motion for Voluntary Dismissal [Doc. 60] is GRANTED, and it is hereby ORDERED that this lawsuit is dismissed without prejudice as to Defendant North Dallas Honey Company, LP, d/b/a Nature Nate's. This entry is the complete order of the Court. No document is attached. Signed by Magistrate Judge Christopher H Steger on 1/3/19. (Steger, Christopher)
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| Filing 60 MOTION For Voluntary Dismissal by Rodney Kilgore. (Leonard, Russell) |
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Filing 59
ORDER granting #58 Plaintiff's unopposed Motion for a Fifteen Day Extension of Time to File a Response to Defendant Cheryl William's Motion to Dismiss. Signed by Magistrate Judge Christopher H Steger on 12/27/18. This entry constitutes the complete order of the Court. (KMG, )
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| Filing 58 MOTION for Extension of Time to File Response/Reply by Rodney Kilgore. (Leonard, Russell) |
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Filing 57
SCHEDULING ORDER: Jury Trial set for 12/10/2019 09:00 AM in Courtroom 1B - Chattanooga before Magistrate Judge Christopher H Steger. Final Pretrial Conference set for 11/27/2019 02:00 PM in Courtroom 1B - Chattanooga before Magistrate Judge Christopher H Steger.Signed by Magistrate Judge Christopher H Steger on 12/20/2018. (BDG, )
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| Minute Entry for proceedings held before Magistrate Judge Christopher H Steger: Scheduling Conference held on 12/19/2018 in chambers without courtroom deputy. (KFB, ) |
| Filing 56 Response to Motion re #47 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Nature Nate's, North Dallas Honey Company. (Rose, Richard) Modified on 12/18/2018 (BDG, ). |
| Filing 55 REPORT of Rule 26(f) Planning Meeting. (Rose, Richard) |
| Filing 54 First MOTION to Dismiss for Lack of Jurisdiction Defendant Cheryl Williams, d/b/a Cheryl Williams Trucking, LLC's Motion to Dismiss and Supporting Memorandum by Cheryl Williams. (Spitler, Brian) |
| Filing 53 REPLY to Response to Motion re #47 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Rodney Kilgore. (Leonard, Russell) |
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Filing 52
ORDER granting #51 Motion for Extension of Time to File. Plaintiff shall have up to and including December 16, 2018, in which to file a response to the motion to dismiss filed by North Dallas Honey Company, LP d/b/a Nature Nate's. Signed by Magistrate Judge Christopher H Steger on 12-10-18.This entry constitutes the complete order of the Court. (KMG, )
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| Filing 51 MOTION for Extension of Time to File by Rodney Kilgore. (Attachments: #1 Affidavit Affidavit of Attorney Russell L. Leonard)(Leonard, Russell) |
| Filing 50 NOTICE of Hearing: Scheduling Conference set for 12/19/2018 04:00 PM in Judge's Chambers before Magistrate Judge Christopher H Steger. (KMG, ) |
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Filing 49
CONSENT TO MAGISTRATE and ORDER REFERRING CASE Signed by District Judge J Ronnie Greer on 12/3/2018. (JCK)
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| Filing 48 NOTICE OF CONSENT by Nature Nate's, North Dallas Honey Company (Rose, Richard) |
| Filing 47 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Nature Nate's, North Dallas Honey Company. (Rose, Richard) |
| Filing 46 Defendant Cheryl Williams, d/b/a Cheryl Williams Trucking, LLC's Answer to Amended Complaint ANSWER to #41 Amended Complaint by Cheryl Williams.(Spitler, Brian) |
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Filing 45
ORDER: Generally, scheduling orders will be entered by the Court in lieu of in-person or telephonic scheduling conferences unless otherwise requested by the parties. It is therefore ORDERED: As soon as practicable, but in no event later than 30 days from the first appearance of a defendant, or if that has already occurred, within 30 days of this order, the parties must confer, in a conference arranged by plaintiff's counsel, for the purpose of considering the nature and basis of their claims and defenses. Signed by District Judge J Ronnie Greer on 11/14/2018. (JCK, )
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Filing 44
ORDER: Although Mr. Kilgore's explanation does not amount to the best showing of cause-indeed, he could have easily moved for an extension when he realized his time to comply with the forty-five-day deadline was drawing short-the Court detects no actual bad faith on his part. See id. (stating that bad faith requires a party to manifest either an intent to thwart judicial proceedings or a reckless disregard for the effect of [his] conduct on those proceedings (quotation omitted)). Also, the Court perceives no prejudice to North Dallas Honey Company from Mr. Kilgore's behindhand filing of proof of serviceespecially in light of the fact that the executed summons ultimately establishes that the completion of service was timely. [See Executed Summons, Doc. 36, at 2 (showing that service occurred on September 26, 2018, within the Court's forty-five-day deadline)]. The Court's Order to Show Cause [Doc. 35] is therefore DISCHARGED. Signed by District Judge J Ronnie Greer on 11/14/2018. (JCK)
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| Filing 43 RESPONSE TO ORDER TO SHOW CAUSE by Rodney Kilgore. (Attachments: #1 Exhibit Proof of Service on N. Nate's & C. Williams)(Leonard, Russell) |
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Filing 42
ORDER denying as moot #30 Motion to Dismiss for Failure to State a Claim. This matter is before the Court on Defendant North Dallas Honey Companys Motion to Dismiss Complaint [Doc. 30]. Since the filing of this motion, Plaintiff has served an amended complaint [Am. Compl., Doc. 41], which now renders the motion moot. See In re Refrigerant Compressors Antitrust Litig., 731 F.3d 586, 589 (6th Cir. 2013) (An amended complaint supersedes an earlier complaint for all purposes. (citation omitted)); Ky. Press Assn, Inc. v. Kentucky, 355 F. Supp. 2d 853, 857 (E.D. Ky. 2005) (Plaintiffs amended complaint supercedes the original complaint, thus making the motion to dismiss the original complaint moot.) (citing Parry v. Mohawk Motors of Mich., Inc., 236 F.3d 299, 306 (6th Cir. 2000))). North Dallas Honey Companys Motion to Dismiss [Doc. 30] is therefore DENIED as moot. Signed by District Judge J Ronnie Greer on 11/7/2018. (JCK)
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| Filing 41 AMENDED COMPLAINT against All Defendants., filed by Rodney Kilgore. (Attachments: #1 Exhibit Plaintiff's Billing, #2 Exhibit Copies of Documents and checks)(Leonard, Russell) |
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Filing 40
ORDER granting #38 Motion to amend complaint. Plaintiff has moved to amend his complaint within 21 days after an answer [Doc. 28] and a motion to dismiss [Doc. 30] were filed in this action. There has been no previous amendment to the complaint. Therefore, under Fed. R. Civ. P. 15(a)(1)(B), Plaintiff may amend his complaint as a matter of course. Accordingly, Plaintiff's motion is GRANTED. Plaintiff shall electronically file his amended complaint within seven days of entry of this order. Signed by Magistrate Judge Christopher H Steger on 11-2-18. This entry constitutes the complete order of the Court. (KMG, )
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| Filing 39 RESPONSE to Motion re #30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Rodney Kilgore. (Attachments: #1 Exhibit E-Mail, Statement, Check)(Leonard, Russell) |
| Filing 38 MOTION For Permission to Amend Complaint by Rodney Kilgore. (Leonard, Russell) |
| Filing 37 RESPONSE to Motion re #30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Rodney Kilgore. (Leonard, Russell) |
| Filing 36 SUMMONS Returned Executed by Rodney Kilgore. Nature Nate's served on 9/26/2018. (Leonard, Russell) |
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Filing 35
ORDER: Mr. Kilgore is therefore ORDERED to SHOW CAUSE, within fourteen days from the date of this Order, as to why the Court should not dismiss the claims against Nature Nate's and North Dallas Honey Company in response to his failure to comply with the Court's order. See Fed. R. Civ. P. 41(b) (allowing courts to dismiss the claims against a defendant if a plaintiff fails to prosecute his case or comply with an order, and stating that the dismissal operates as anadjudication on the merits); see also Link v. Wabash R.R. Co., 370 U.S. 626, 63033 (1962) (recognizing that courts may sua sponte raise Federal Rule of Civil Procedure 41(b) in response to a plaintiff's lack of prosecution). Mr. Kilgores failure to respond to this Order may result in the dismissal of this action without further notice. Fed. R. Civ. P. 41(b). Signed by District Judge J Ronnie Greer on 10/31/2018. (JCK)
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Filing 34
ORDER REASSIGNING CASE. Magistrate Judge Susan K Lee no longer assigned to case. Case reassigned to Magistrate Judge Christopher H Steger for all further proceedings. Signed by Chief District Judge Thomas A Varlan on 10/17/18. (JBR)
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Filing 33
ORDER OF RECUSAL. Signed by Magistrate Judge Susan K Lee on 10/17/2018. (KRS, )
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Filing 32
ORDER: The parties are ordered to confer and return the attached form within the time provided.Signed by District Judge J Ronnie Greer on 10/16/2018. (Attachments: #1 Notice of Consent\Non-Consent) (BDG, )
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| Filing 31 Certificate of Corporate Interest by Nature Nate's, North Dallas Honey Company. (Rose, Richard) |
| Filing 30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Nature Nate's, North Dallas Honey Company. (Rose, Richard) |
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Filing 29
ORDER granting #26 Motion for Extension of Time to File Response/Reply. Signed by Magistrate Judge Susan K Lee on 10/16/2018. (BDG, )
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| Filing 28 Defendant Cheryl Williams Answer to Complaint ANSWER to #1 Complaint by Cheryl Williams.(Spitler, Brian) |
| Filing 27 Administrative Notice to Counsel #26 First MOTION for Extension of Time to File Response/Reply Consent Motion to Extend Time to Respond to Plaintiff's Complaint :Orders not agreed to by all parties should NOT be included as an attachment to a motion or other request for relief. Please refer to ECF rules to make necessary corrections. (BDG, ) |
| Filing 26 First MOTION for Extension of Time to File Response/Reply Consent Motion to Extend Time to Respond to Plaintiff's Complaint by Cheryl Williams. (Spitler, Brian) |
| Filing 25 SUMMONS Returned Executed by Rodney Kilgore. Cheryl Williams served on 9/25/2018. (Leonard, Russell) |
| Filing 24 Summons Returned Unexecuted by Rodney Kilgore as to Nature Nate's. (Leonard, Russell) |
| Filing 23 Summons Returned Unexecuted by Rodney Kilgore as to North Dallas Honey Company. (Leonard, Russell) |
| Filing 22 Summons Returned Unexecuted by Rodney Kilgore as to Cheryl Williams. (Leonard, Russell) |
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Filing 21
ORDER: This matter is before the Court on Plaintiff's Response to Order to Show Cause [Doc. 20]. Although Plaintiff has failed to serve Defendants within ninety days of initiating this action, he has made diligent efforts to serve them. [See Alias Summons, Doc. 9; Unexecuted Summonses, Docs. 16-18]. The Courts Order to Show Cause [Doc. 11] is therefore DISCHARGED... Within forty-five days from the date of this Order, Plaintiff SHALL serve Defendants in accordance with Federal Rule of Civil Procedure 4. See Fed. R. Civ. P. 4(m) (directing courts to extend the time for service for an appropriate period).Signed by District Judge J Ronnie Greer on 9/12/2018. (JCK)
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| Filing 20 RESPONSE TO ORDER TO SHOW CAUSE by Rodney Kilgore. (Leonard, Russell) |
| Filing 19 Administrative Notice to Counsel #16 Subpoena Returned Unexecuted, #17 Subpoena Returned Unexecuted, #18 Subpoena Returned Unexecuted : Wrong Event Used. Please refile using correct event. Civil Events, Initial Pleadings and Service, Service of Process, and Summons Returned Executed (non-USA). Requirements due by 9/17/2018. (BDG, ) |
| Filing 18 SUBPOENA Returned Unexecuted as to Cheryl Williams on 08/01/18. (Leonard, Russell) |
| Filing 17 SUBPOENA Returned Unexecuted as to Nature Nate's on 06/26/18. (Leonard, Russell) |
| Filing 16 SUBPOENA Returned Unexecuted as to North Dallas Honey Company on 06/27/18. (Leonard, Russell) |
| Filing 15 ***INFORMATIONAL ONLY***Administrative Notice to Counsel #13 Supplement, #12 Supplement :PDF IS INTERACTIVE. PLEASE MAKE SURE TO FLATTEN ALL DOCUMENTS. (BDG, ) |
| Filing 14 Alias Summons Issued as to Nature Nate's, Cheryl Williams. (Attachments: #1 Summons)(BDG, ) |
| Filing 13 SUPPLEMENT Alias Summons on Cheryl Williams, d/b/a Cheryl Williams Trucking by Rodney Kilgore. (Leonard, Russell) |
| Filing 12 SUPPLEMENT Alias Summons on Nature Nate's by Rodney Kilgore. (Leonard, Russell) |
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Filing 11
ORDER: Plaintiff filed his Complaint [Doc. 1] on May 14, 2018, but he has yet to show proof of service under Federal Rule of Civil Procedure 4(l)(1). Within fourteen days from the date of this Order, Plaintiff is therefore ORDERED to SHOW GOOD CAUSE as to why he has failed to serve Defendants. Signed by District Judge J Ronnie Greer on 9/4/2018. (JCK)
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| Filing 10 ***INFORMATIONAL ONLY** Administrative Notice to Counsel #8 Supplement : PDF is interactive, please make sure to flatten all documents. (BDG, ) |
| Filing 9 Alias Summons Issued as to Nature Nate's. (BDG, ) |
| Filing 8 SUPPLEMENT Alias Summons for Nature Nate's by Rodney Kilgore. (Leonard, Russell) |
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Filing 7
Order Governing Sealing Confidential Information Signed by District Judge J Ronnie Greer on 5/15/2018. (JCK)
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Filing 6
Order Governing Motions To Dismiss Signed by District Judge J Ronnie Greer on 5/15/2018. (JCK)
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Filing 5
Order Governing Depositions Signed by District Judge J Ronnie Greer on 5/15/2018. (JCK)
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| Filing 4 Administrative Notice to Counsel, Informational Only. For future reference, do not file the civil cover sheet or summons in a fillable.format. (JCK) |
| Filing 3 Summons Issued as to Nature Nate's, North Dallas Honey Company, Cheryl Williams. (Attachments: #1 Summons Nature Nate's, #2 Summons North Dallas Honey Company)(JCK) |
| District Judge J Ronnie Greer and Magistrate Judge Susan K Lee added. (JCK) |
| Filing 2 SUPPLEMENT to #1 Complaint Civil Cover Sheet by Rodney Kilgore. (Leonard, Russell) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0649-3671448.), filed by Rodney Kilgore. (Attachments: #1 Summons, #2 Summons, #3 Summons)(Leonard, Russell) |
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