Croft, et al v. Socratic Learning Inc et al
| David W Croft and United States of America |
| Socratic Learning Inc, Sidney M Cole, Suzanne McElyea and Sridhar Iyer |
| 4:2007cv00143 |
| March 28, 2007 |
| US District Court for the Eastern District of Texas |
| Ron Clark |
| Amos L (Mag) Mazzant |
| Other Statutory Actions |
| 31 U.S.C. § 3729 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 14, 2014. A more recent docket listing may be available from PACER.
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Filing 118
ORDER OF DISMISSAL - It is ORDERED that the Joint Motion to Dismiss #116 is GRANTED IN PART, and this case is DISMISSED WITHOUT PREJUDICE, with all parties to bear their own costs. Signed by Judge Ron Clark on 10/11/2014. (baf, )
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| Filing 117 NOTICE by United States of America Notice of Consent to Joint Motion to Dismiss (McClendon, J) |
| Filing 116 Joint MOTION to Dismiss by Sidney M Cole. (Attachments: #1 Text of Proposed Order)(DuBose, Eugene) |
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Filing 115
ORDER ON CLOSING DOCUMENTS - It is ORDERED that all parties or their counsel shall submit to the court all papers necessary for the closing of this case and its removal from the active docket of this court on or before 9/3/2014. Signed by Magistrate Judge Amos L. Mazzant on 8/4/2014. (baf, )
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| Case announced settled by Plaintiff's counsel. The Court will enter an Order on Closing Documents (tls, ) |
| Minute Entry for proceedings held before Magistrate Judge Amos L. Mazzant: Status Conference set via telephone for 8/1/2014 could not be held, as Plaintiff's counsel did not call in for the conference; conference will be reset (no recording) (tls, ) |
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Filing 114
ORDER - The Court sets this case for a TELEPHONIC Status Conference on 8/1/2014 at 2:00 PM before Magistrate Judge Amos L. Mazzant. Signed by Magistrate Judge Amos L. Mazzant on 7/25/2014. (baf, )
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| Filing 113 OBJECTION to #107 Report and Recommendations and Supplement by Sidney M Cole. (Attachments: #1 Supplement)(DuBose, Eugene) |
| Filing 112 ***DEFICIENT DOCUMENT - ATTORNEY MUST REFILE***NOTICE by Sidney M Cole Notice of Supplement to Objections to Report of Magistrate Judge regarding Rule 9(b) Motion (DuBose, Eugene) Modified on 7/22/2014 (baf, ). |
| NOTICE of Deficiency regarding the OBJECTIONS TO REPORT AND RECOMMENDATION SUPPLEMENT submitted DOCUMENT #112 - INCORRECT DOCKET EVENT USED. Correction should be made by ONE BUSINESS DAY (baf, ) |
| NOTICE of Deficiency regarding the OBJECTIONS TO REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE submitted DOCUMENT #111 - INCORRECT DOCKET EVENT USED. Correction should be made by ONE BUSINESS DAY (baf, ) |
| Filing 111 ***DEFICIENT DOCUMENT - ATTORNEY MUST REFILE***NOTICE by Sidney M Cole Of Objections to Report of Magistrate Judge Regarding Cole's Motion to Dismiss (DuBose, Eugene) Modified on 7/22/2014 (baf, ). |
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Filing 110
ORDER GRANTING #109 Motion to Extend Certain Deadlines. Signed by Magistrate Judge Amos L. Mazzant on 7/15/2014. (baf, )
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| Filing 109 Joint MOTION for Extension of Time to File Certain Documents by Sidney M Cole. (Attachments: #1 Text of Proposed Order)(DuBose, Eugene) |
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Filing 108
ORDER, ( Jury Selection and Trial set for 9/22/2014 09:00 AM in Ctrm A01 (Sherman - Annex) before Judge Ron Clark.) ORDERED that by July 25, 2014, at 4:00 p.m., the parties shall each submit to the court an estimate of the time that party needs to complete the presentation of testimony in this case. Signed by Judge Ron Clark on 7/1/2014. (pad, )
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| Filing 107 REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE re #66 MOTION to Dismiss Under Rules 9(b) and 12(b)(6). Signed by Magistrate Judge Amos L. Mazzant on 6/28/2014. (pad, ) |
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Filing 106
ORDER granting #102 Motion for Extension of Time to File Relator's Disclosure of Expert Testimony. Signed by Magistrate Judge Amos L. Mazzant on 6/25/2014. (pad, )
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| Filing 105 Opposed MOTION to Strike Relator's Experts For Failure to Serve Written Reports by Sidney M Cole. (Attachments: #1 Exhibit, #2 Text of Proposed Order)(DuBose, Eugene) |
| Filing 104 NOTICE of Discovery Disclosure by Sidney M Cole Expert Disclosure (DuBose, Eugene) |
| Filing 103 NOTICE by David W Croft Relator's DIsclosure of Expert Testimony (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Kardell, Steve) |
| Filing 102 Joint MOTION for Extension of Time to File Relator's Disclosure of Expert Testimony by David W Croft. (Attachments: #1 Text of Proposed Order)(Kardell, Steve) |
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Filing 101
ORDER GRANTING #96 Motion for Voluntary Dismissal. The Clerk is directed to terminate Suzanne McElyea as a party to this case. Signed by Judge Ron Clark on 6/9/2014. (baf, )
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Filing 100
ORDER - It is ORDERED that the following deadline is modified as follows: Deadline to object to any other party's expert witnesses is 10 days after disclosure of an expert is made. Signed by Magistrate Judge Amos L. Mazzant on 6/9/2014. (baf, )
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| Note: Telephone Status Conference set for 6/9/14 at 2:00 pm is cancelled by agreement of the parties. (dm, ) |
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Filing 99
ORDER - TELEPHONIC Status Conference set for 6/9/2014 at 2:00 PM before Magistrate Judge Amos L. Mazzant. Signed by Magistrate Judge Amos L. Mazzant on 6/4/2014. (baf, )
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| Filing 98 RESPONSE to Motion re #95 MOTION Changes in Scheduling Order filed by Sidney M Cole. (Attachments: #1 Exhibit, #2 Text of Proposed Order)(DuBose, Eugene) |
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Filing 97
ORDER DENYING AS MOOT #59 MOTION to Dismiss Relator's First Amended Complaint filed by Suzanne McElyea, DENYING AS MOOT #79 MOTION for Summary Judgment and Memorandum of Law in Support Thereof filed by Suzanne McElyea, GRANTING #95 MOTION Changes in Scheduling Order filed by David W Croft. Discovery due by 7/31/2014. Expert Witness List due by 6/13/2014 for Plaintiff and by 6/27/2014 for Defendant. Signed by Magistrate Judge Amos L. Mazzant on 6/2/2014. (baf, )
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| Filing 96 MOTION to Dismiss Defendant McElyea by David W Croft. (Attachments: #1 Text of Proposed Order)(Kardell, Steve) |
| Filing 95 MOTION Changes in Scheduling Order by David W Croft. (Attachments: #1 Text of Proposed Order)(Kardell, Steve) |
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Filing 94
ORDER GRANTING IN PART AND DENYING IN PART #86 Motion for Extension of Time to File; GRANTING #91 Motion to Supplement Relator's 5-16-2014 Motion for Standstill and Extension of Certain Deadlines. Signed by Magistrate Judge Amos L. Mazzant on 5/27/2014. (baf, )
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| Filing 93 RESPONSE in Opposition re #86 MOTION for Extension of Time to File (Motion for Standstill and Extension of Certain Deadlines) filed by Suzanne McElyea. (Attachments: #1 Text of Proposed Order)(Sollie, Andrea) |
| Filing 92 RESPONSE in Opposition re #91 MOTION Supplement Relator's 5-16-2014 Motion for Standstill and Extension of Certain Deadlines filed by Sidney M Cole. (DuBose, Eugene) |
| Filing 91 MOTION Supplement Relator's 5-16-2014 Motion for Standstill and Extension of Certain Deadlines by David W Croft. (Kardell, Steve) (Additional attachment(s) added on 5/23/2014: #1 Text of Proposed Order) (baf, ). |
| Filing 90 RESPONSE in Opposition re #86 MOTION for Extension of Time to File (Motion for Standstill and Extension of Certain Deadlines) filed by Sidney M Cole. (Attachments: #1 Text of Proposed Order)(DuBose, Eugene) |
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Filing 89
ORDER DENYING #67 Motion to Stay Discovery. Signed by Magistrate Judge Amos L. Mazzant on 5/20/2014. (baf, )
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Filing 88
ORDER GRANTING #76 Motion for W. Dean Cook to Withdraw as Attorney. ;DENYING #77 Motion for Extension of Time to File Response/Reply. Signed by Magistrate Judge Amos L. Mazzant on 5/20/2014. (baf, )
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Filing 87
ORDER that Defendant shall file a response to #86 MOTION for Extension of Time to File (Motion for Standstill and Extension of Certain Deadlines) filed by David W Croft, no later than 12:00 p.m. on May 23, 2014, or notify the Court that there is no opposition. Signed by Magistrate Judge Amos L. Mazzant on 5/20/2014. (baf, )
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| Filing 86 MOTION for Extension of Time to File (Motion for Standstill and Extension of Certain Deadlines) by David W Croft. (Kardell, Steve) (Additional attachment(s) added on 5/16/2014: #1 Text of Proposed Order) (baf, ). |
| Filing 85 NOTICE by Suzanne McElyea of No Response to Ms. McElyea's Motion for Summary Judgment (Attachments: #1 Text of Proposed Order)(Sollie, Andrea) |
| Filing 84 NOTICE by David W Croft (Kardell, Steve) |
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Filing 83
ORDER GRANTING #82 Motion to Substitute Attorney. Attorney Woody Dean Cook terminated. Steve Kardell added as attorney. Signed by Magistrate Judge Amos L. Mazzant on 5/12/2014. (baf, )
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| Filing 82 MOTION to Substitute Attorney by David W Croft. (Attachments: #1 Text of Proposed Order)(Kardell, Steve) |
| Filing 81 RESPONSE in Opposition re #77 MOTION for Extension of Time to File Response/Reply as to #66 MOTION to Dismiss Under Rules 9(b) and 12(b)(6) filed by Suzanne McElyea. (Attachments: #1 Text of Proposed Order)(Sollie, Andrea) |
| Filing 80 RESPONSE in Opposition re #77 MOTION for Extension of Time to File Response/Reply as to #66 MOTION to Dismiss Under Rules 9(b) and 12(b)(6) filed by Sidney M Cole. (Attachments: #1 Text of Proposed Order)(DuBose, Eugene) |
| Filing 79 MOTION for Summary Judgment and Memorandum of Law in Support Thereof by Suzanne McElyea. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Text of Proposed Order Proposed Order)(Welton, Jamie) |
| Filing 78 NOTICE by Sidney M Cole Of Opposition and of Intent to File Response to Plaintiff's Pro Se Motion for Extension of Time to Reply to Cole's MotionTo Dismiss, Document 66 (DuBose, Eugene) |
| Filing 77 MOTION for Extension of Time to File Response/Reply as to #66 MOTION to Dismiss Under Rules 9(b) and 12(b)(6) by David W Croft. (Attachments: #1 Text of Proposed Order)(baf, ) |
| Filing 76 Opposed MOTION to Withdraw as Attorney by David W Croft. (Attachments: #1 Text of Proposed Order)(Cook, Woody) |
| NOTICE of Deficiency regarding the MOTION TO WITHDRAW AS ATTORNEY submitted DOCUMENT #75 - NO CERTIFICATE OF CONFERENCE AND TITLE OF DOCUMENT DOES NOT STATE OPPOSED. Correction should be made by ONE BUSINESS DAY (baf, ) |
| Filing 75 ***DEFICIENT DOCUMENT - ATTORNEY MUST REFILE***Opposed MOTION to Withdraw as Attorney by David W Croft. (Attachments: #1 Text of Proposed Order)(Cook, Woody) Modified on 4/8/2014 (baf, ). |
| Filing 74 REPLY to Response to Motion re #67 MOTION to Stay re #60 Order Abate Discovery from Defendant Cole in Support of Motion to Abate Discovery filed by Sidney M Cole. (DuBose, Eugene) |
| Filing 73 REPLY to Response to Motion re #66 MOTION to Dismiss Under Rules 9(b) and 12(b)(6) filed by Sidney M Cole. (DuBose, Eugene) |
| Filing 72 RESPONSE in Opposition re #67 MOTION to Stay re #60 Order Abate Discovery from Defendant Cole filed by David W Croft. (Attachments: #1 Text of Proposed Order)(Cook, Woody) |
| Filing 71 RESPONSE in Opposition re #66 MOTION to Dismiss Under Rules 9(b) and 12(b)(6) filed by David W Croft. (Attachments: #1 Text of Proposed Order)(Cook, Woody) |
| Filing 70 NOTICE of Discovery Disclosure by Sridhar Iyer (Walsh, John) |
| Filing 69 NOTICE of Discovery Disclosure by Suzanne McElyea (Sollie, Andrea) |
| NOTICE of Deficiency regarding the NOTICE OF DISCLOSURE submitted DOCUMENT #68 - NO CERTIFICATE OF SERVICE. Correction should be made by ONE BUSINESS DAY (baf, ) |
| Filing 68 ***DEFICIENT DOCUMENT - ATTORNEY MUST REFILE***NOTICE of Discovery Disclosure by Suzanne McElyea (Sollie, Andrea) Modified on 3/12/2014 (baf, ). |
| Filing 67 MOTION to Stay re #60 Order Abate Discovery from Defendant Cole by Sidney M Cole. (Attachments: #1 Text of Proposed Order)(DuBose, Eugene) |
| Filing 66 MOTION to Dismiss Under Rules 9(b) and 12(b)(6) by Sidney M Cole. (Attachments: #1 Appendix)(DuBose, Eugene) (Additional attachment(s) added on 3/11/2014: #2 Text of Proposed Order) (cm, ). |
| Filing 65 REPLY to Response to Motion re #59 MOTION to Dismiss Relator's First Amended Complaint filed by Suzanne McElyea. (Sollie, Andrea) |
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Filing 64
ORDER GRANTING #63 Motion for Extension of Time to Answer. Signed by Magistrate Judge Amos L. Mazzant on 3/6/2014. (baf, )
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| Filing 63 Agreed MOTION for Extension of Time to File Answer re #56 Amended Complaint by Sridhar Iyer. (Attachments: #1 Text of Proposed Order)(Walsh, John) |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice of Consent to Proceed Before Magistrate Judge. (baf, ) |
| Filing 62 ANSWER to #56 Amended Complaint by Sridhar Iyer.(Walsh, John) |
| Filing 61 RESPONSE in Opposition re #59 MOTION to Dismiss Relator's First Amended Complaint filed by David W Croft. (Attachments: #1 Text of Proposed Order)(Cook, Woody) (Attachment 1 replaced on 3/4/2014) (baf, ). |
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Filing 60
ORDER - It is ORDERED that parties complete their initial mandatory disclosures under Rule 26(a)(1) no later than 3/10/2014. Signed by Magistrate Judge Amos L. Mazzant on 2/26/2014. (baf, )
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| Filing 59 MOTION to Dismiss Relator's First Amended Complaint by Suzanne McElyea. (Attachments: #1 Text of Proposed Order McElyea's Proposed Order)(Sollie, Andrea) |
| Filing 58 NOTICE of Discovery Disclosure by David W Croft FRCP 26(a)(1) (Cook, Woody) |
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Filing 57
AMENDED SCHEDULING ORDER: Docket Call and Final Pretrial Conference set for 9/17/2014 at 9:00 AM by Video Conference before Judge Ron Clark. Amended Pleadings due by 4/11/2014 for Plaintiff and by 4/25/2014 for Defendant. Discovery due by 7/5/2014. Joinder of Parties due by 2/28/2014. Motions to Transfer. Motions to Dismiss, Motions for Summary Judgment, or other dispositive motions due by 4/25/2014. Proposed Findings of Fact and Conclusions of Law due by 9/3/2014. Joint Final Pretrial Order due by 8/27/2014. Bench Trial set for 9/22/2014 at 9:00 AM in Ctrm A01 (Sherman - Annex) before Judge Ron Clark. Expert Witness List due by 3/28/2014 for Plaintiff and by 4/25/2014 for Defendant. Motions in Limine due 8/27/2014. Signed by Magistrate Judge Amos L. Mazzant on 2/6/2014. (baf, )
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| Filing 56 AMENDED COMPLAINT against All Defendants, filed by David W Croft. (Attachments: #1 Exhibit A, #2 Exhibit B)(Cook, Woody) |
| Filing 55 NOTICE of Attorney Appearance by Eugene Zemp DuBose on behalf of Sidney M Cole (DuBose, Eugene) |
| Filing 54 WAIVER OF SERVICE Returned Executed by David W Croft. Sidney M Cole waiver sent on 1/10/2014, answer due 3/11/2014. (baf, ) |
| Filing 53 DEMAND for Trial by Jury by David W Croft. (Cook, Woody) |
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Filing 52
ORDER - Plaintiff shall file an amended complaint no later than 2/4/2014, that provides more factual details in support of Plaintiff's clalims. DENYING AS MOOT #42 Motion to Dismiss; DENYING AS MOOT #48 Motion to Dismiss for Lack of Jurisdiction. Signed by Magistrate Judge Amos L. Mazzant on 1/21/2014. (baf, )
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Filing 51
SCHEDULING ORDER: Docket Call and Final Pretrial Conference set for 9/17/2014 at 9:00 AM by Video Conference before Judge Ron Clark. Amended Pleadings due by 4/11/2014 for Plaintiff and by 4/25/2014 for Defendant. Discovery shall be commenced in time to be completed by 7/5/2014. Joinder of Parties due by 2/28/2014. Motions to Dismiss, Motions for Summary Judgment, or other dispositive motions due by 4/25/2014. motions to Transfer due by 1/24/2014. Proposed Findings of Fact and Conclusions of Law due by 9/3/2014. Joint Final Pretrial Order due by 8/27/2014. Bench Trial set for 9/22/2014 at 9:00 AM in Sherman Courthouse Annex before Judge Ron Clark. Expert Witness List due by 3/28/2014 for Plaintiff and by 4/25/2014 for Defendant. Motions in Limine due 8/27/2014. Signed by Magistrate Judge Amos L. Mazzant on 1/15/2014. (baf, )
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Filing 50
ORDER GRANTING #46 Motion for Extension of Time to Answer. Answer due by 1/13/2014. Signed by Magistrate Judge Amos L. Mazzant on 1/14/2014. (baf, )
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| Filing 48 MOTION to Dismiss for Lack of Jurisdiction Lack of Subject Matter Jurisdiction under Rule 12(b)(1), Failure to State a Claim upon Which Relief can be Granted (Rule 12(b)(6), and Rule 9(b) by Sridhar Iyer. (Attachments: #1 Text of Proposed Order)(Walsh, John) |
| Filing 47 REPLY to Response to Motion re #42 MOTION to Dismiss and Memorandum in Support filed by Suzanne McElyea. (Sollie, Andrea) |
| Filing 49 SUMMONS Returned Executed. Socratic Learning Inc served on 12/6/2013, answer due 12/27/2013. (baf, ) |
| Filing 46 Agreed MOTION for Extension of Time to File Answer re #1 Complaint by 18 days up to and including January 13, 2014 by Sridhar Iyer. (Attachments: #1 Text of Proposed Order)(Walsh, John) |
| Filing 45 RESPONSE in Opposition re #42 MOTION to Dismiss and Memorandum in Support filed by David W Croft. (Attachments: #1 Exhibit Exhibit A, #2 Text of Proposed Order)(Cook, Woody) |
| Filing 44 SUMMONS Returned Executed by United States of America, David W Croft. Sridhar Iyer served on 12/3/2013, answer due 12/24/2013. (baf, ) |
| Filing 43 SUMMONS Returned Executed by United States of America, David W Croft. Suzanne McElyea served on 12/3/2013, answer due 12/24/2013. (baf, ) |
| Filing 42 MOTION to Dismiss and Memorandum in Support by Suzanne McElyea. (Welton, Jamie) (Additional attachment(s) added on 12/23/2013: #1 Text of Proposed Order) (pad, ). |
| Filing 41 SUMMONS Issued as to Suzanne McElyea. (baf, ) |
| Filing 40 SUMMONS Issued as to Socratic Learning Inc. (baf, ) |
| Filing 39 SUMMONS Issued as to Sidney M Cole. (baf, ) |
| Filing 38 SUMMONS Issued as to Sridhar Iyer. (baf, ) |
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Filing 37
ORDER re #36 Response to Non-Motion filed by United States of America. Signed by Magistrate Judge Amos L. Mazzant on 11/7/2013. (baf, )
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| Filing 36 SEALED RESPONSE by United States of America to 35 Order, NOTICE OF ELECTION TO DECLINE INTERVENTION. (Attachments: #1 Text of Proposed Order)(fnt, ) |
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Order 35 emailed to attorney of record. (baf, )
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ORDER 33 emailed to atty (baf, )
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| SEALED ORDER 31 emailed to attys. (baf, ) |
| Case REASSIGNED to Judge Ron Clark. Judge Michael H. Schneider no longer assigned to the case. (baf, ) |
| SEALED ORDER 28 emailed to atty. (baf, ) |
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Filing 14
ORDER REFERRING CASE to Magistrate Judge Amos L. Mazzant. Signed by Judge Michael H. Schneider on 4/8/2009. (baf, )
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| Case REASSIGNED to Magistrate Judge Amos L Mazzant. Magistrate Judge Don D. Bush no longer assigned to the case. (baf, ) |
| SEALED ORDER 13 emailed to atty (baf, ) |
| Sealed Order 11 emailed to atty on 8/14/2008 (baf, ) |
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Filing 3
ORDER REFERRING CASE to Magistrate Judge Don D. Bush pursuant to a Standing Order. Signed by Judge Michael H. Schneider on 3/28/2007. (baf, )
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| Filing 2 Magistrate Consent Form and Notice of Case Assignment e-mailed to David W Croft (Attachments: #1 Notice of Case Assignment) (baf, ) |
| Filing 1 COMPLAINT against Socratic Learning Inc, Sidney M Cole, Suzanne McElyea, Sridhar Iyer (Filing fee $ 350;receipt #4-1-1524), filed by David W Croft. (Attachments: #1 Civil Cover Sheet)(baf, ) |
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