United My Funds, LLC v. Perera et al
| United My Funds, LLC |
| Yaser Al-Shayef, Chandana Perera, Michael R McCullough, Wait Al-Shayef, Click Mart, Inc., Hisham Mubaidin and Wail Al-Shayef |
| Hon. Jeff Kaplan and Hon. King Fifer |
| 4:2019cv00373 |
| May 17, 2019 |
| US District Court for the Eastern District of Texas |
| Amos L Mazzant |
| Other Fraud |
| 28 U.S.C. § 1441 |
| Both |
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Filing 70
ORDER. It is hereby ORDERED that the Final Pretrial Conference is RESET for 3/31/2020 at 1:30 PM to be held via telephone before District Judge Amos L. Mazzant III. Signed by District Judge Amos L. Mazzant, III on 3/25/2020. (baf, )
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| Filing 69 AFFIDAVIT of Service for Subpoena to Testify at a Deposition in a Civil Action served on Unitex Fuel LLC c/o James Yoo on 03/16/2020, filed by Hisham Mubaidin. (Champion, Austin) |
| Filing 68 Proposed Jury Instructions by Wail Al-Shayef, Yaser Al-Shayef, Click Mart, Inc.. (Ahmed, Farrah) |
| Filing 67 Proposed Jury Instructions by United My Funds, LLC. (Malone, Robbie) |
| Filing 66 RESPONSE to Motion re #62 MOTION in Limine filed by Hisham Mubaidin. (Champion, Austin) |
| Filing 65 Proposed Jury Instructions by Hisham Mubaidin. (Jones, William) |
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Filing 64
MEMORANDUM OPINION AND ORDER. It is therefore ORDERED that Hisham Mubaidin's Motion to Compel (Dkt. #42 ) is hereby DENIED. Signed by District Judge Amos L. Mazzant, III on 3/12/2020. (baf, )
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Filing 63
MEMORANDUM OPINION AND ORDER. It is therefore ORDERED that Counter-Defendant United My Funds, LLC's Motion to Dismiss Counter-Plaintiff Hisham Mubaidin's Original Counterclaim (Dkt. #32 ) is hereby DENIED. Signed by District Judge Amos L. Mazzant, III on 3/11/2020. (baf, )
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| Filing 62 MOTION in Limine by United My Funds, LLC. (Attachments: #1 Text of Proposed Order)(Martin, Eugene) |
| Filing 61 MOTION in Limine by Wail Al-Shayef, Yaser Al-Shayef, Click Mart, Inc.. (Attachments: #1 Text of Proposed Order)(Ahmed, Farrah) |
| NOTICE of Deficiency regarding the MOTION IN LIMINE submitted DOCUMENT #59 - NO CERTIFICATE OF CONFERENCE AND NO PROPOSED ORDER ATTACHED. Correction should be made by ONE BUSINESS DAY (baf, ) |
| NOTICE of Deficiency regarding the MOTION IN LIMINE submitted DOCUMENT #60 - NO CERTIFICATE OF CONFERENCE AND NO PROPOSED ORDER ATTACHED. Correction should be made by ONE BUSINESS DAY (baf, ) |
| Filing 60 ***DEFICIENT DOCUMENT - PLEASE DISREGARD*** MOTION in Limine by Wail Al-Shayef, Yaser Al-Shayef, Click Mart, Inc.. (Ahmed, Farrah) Modified on 3/3/2020 (baf, ). |
| Filing 59 ***DEFICIENT DOCUMENT - PLEASE DISREGARD*** MOTION in Limine by United My Funds, LLC. (Martin, Eugene) Modified on 3/3/2020 (baf, ). |
| Filing 58 Proposed Pretrial Order by United My Funds, LLC. (Malone, Robbie) |
| Filing 57 Mail Returned as Undeliverable. Order #45 sent to Chandana Perera returned marked "RETURN TO SENDER - UNCLAIMED - UNABLE TO FORWARD" (rpc, ) |
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Filing 56
ORDER REGARDING EXHIBITS. Signed by District Judge Amos L. Mazzant, III on 2/26/2020. (baf, )
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Filing 55
ORDER - GRANTING #51 Motion to Change Designation of Mediator. It is ORDERED, as follows: The Motion is GRANTED as set forth herein. The mediator assigned to this case is changed to Hon. King Fifer (Ret.) of BurdinMediations, 4514 Cole Avenue Ste. 1450, Dallas, TX 75205, Tel: (214) 528-1411. Signed by District Judge Amos L. Mazzant, III on 2/21/2020. (baf, )
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| Filing 54 Mail Returned as Undeliverable. Order #48 sent to Chandana Perera returned marked "RETURN TO SENDER - NO MAIL RECEPTACLE - UNABLE TO FORWARD" (rpc, ) |
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Filing 53
MEMORANDUM OPINION AND ORDER. It is therefore ORDERED Michael R. McCullough's Rule 12(b)(2) and 12(b)(3) Motion to Dismiss (Dkt. #20 ) is hereby GRANTED and Plaintiff's claims against Michael R. McCullough are hereby DISMISSED WITHOUT PREJUDICE. Signed by District Judge Amos L. Mazzant, III on 2/11/2020. (baf, )
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| Filing 52 REPLY to Response to Motion re #42 MOTION to Compel filed by Hisham Mubaidin. (Attachments: #1 Exhibit A - Hearing Transcript)(Jones, William) |
| Filing 51 Joint MOTION to Change Designation of Mediator by United My Funds, LLC. (Attachments: #1 Text of Proposed Order)(Malone, Robbie) |
| Filing 50 ***DEFICIENT DOCUMENT - PLEASE DISREGARD***NOTICE by United My Funds, LLC (Notice to Change Designation of Mediator) (Malone, Robbie) Modified on 2/4/2020 (baf, ). |
| NOTICE of Deficiency regarding the NOTICE TO CHANGE DESIGNATION OF MEDIATOR submitted DOCUMENT #50 - A MOTION IS REQUIRED. Correction should be made by ONE BUSINESS DAY (baf, ) |
| Filing 49 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of the Telephone Conference held on Nov. 22, 2019 before Judge Amos L. Mazzant. Court Reporter/Transcriber: Jan Mason,Telephone number: 903-209-4013. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. (13 pages) Motion to Redact due 2/20/2020. Release of Transcript Restriction set for 4/29/2020. (jm, ) |
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Filing 48
AMENDED ORDER GRANTING IN PART JOINT #43 MOTION TO EXTEND DEADLINES AND TRIAL DATE: Discovery due by 5/1/2020. Mediation Completion due by 5/1/2020. Signed by District Judge Amos L. Mazzant, III on 1/30/2020. (rpc) Modified on 1/31/2020 (tls).
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| Filing 47 PAPER TRANSCRIPT REQUEST by United My Funds, LLC for proceedings held on 11/22/19 Telephonic Conference before Judge Amos L. Mazzant, III. (Malone, Robbie) (Main Document 47 replaced with flattened image on 1/29/2020) (Forwarded to court reporter, Jan Mason, on 1/29/2020) (slo) |
| Filing 46 PAPER TRANSCRIPT REQUEST by Hisham Mubaidin for proceedings held on November 22, 2019 (Telephone Conference Regarding Discovery Dispute) before Judge Amos L. Mazzant, III. (Jones, William) (Main Document 46 replaced with flattened image on 1/28/2020) (Forwarded to court reporter, Jan Mason, on 1/28/2020) (slo) |
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Filing 45
AMENDED SCHEDULING ORDER: granting #43 Motion to Extend Deadlines and Trial Date. Final Pretrial Conference set for 3/31/2020 at 09:00 AM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III., Discovery due by 5/1/2020., Jury instructions due by 3/17/2020, Mediation Completion due by 5/1/2020., Proposed Pretrial Order due by 3/2/2020. Signed by District Judge Amos L. Mazzant, III on 1/28/2020. (rpc, )
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| Filing 44 RESPONSE in Opposition re #42 MOTION to Compel filed by United My Funds, LLC. (Malone, Robbie) |
| Filing 43 Joint MOTION to Continue (to Extend Deadlines and Trial Date) by United My Funds, LLC. (Attachments: #1 Text of Proposed Order)(Malone, Robbie) |
| Filing 42 MOTION to Compel by Hisham Mubaidin. (Attachments: #1 Exhibit A - Defendant's First Request for Production to Plaintiff, #2 Exhibit B - Plaintiff's Objections and Responses to Requests for Production, #3 Exhibit C - Correspondence Dated November 1, 2019, #4 Exhibit D - Email Correspondence Dated November 6, 2019, #5 Exhibit E - Email Correspondence Dated November 6, 2019, #6 Exhibit F - Plaintiff's Amended Objections and Responses to Requests for Production, #7 Exhibit G - Plaintiff's Supplemental Objections and Responses to Requests for Production, #8 Exhibit H - Certificate of Formation, #9 Exhibit I - Certificate of Amendment, #10 Text of Proposed Order Granting Motion to Compel)(Jones, William) |
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Filing 41
HOTLINE ORDER entered re objections during deposition of Defendant Hisham Mubaidin. Signed by Magistrate Judge K. Nicole Mitchell on 1/8/2020. (mjc, ) Modified on 1/8/2020 (mjc, ).
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| HOTLINE CONFERENCE (telephonic) held before Magistrate Judge K. Nicole Mitchell on 1/7/2020. [See Order at DE 41]. (leh, ) |
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Filing 40
AGREED PROTECTIVE ORDER. Signed by District Judge Amos L. Mazzant, III on 12/9/2019. (baf, )
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| Filing 39 MOTION for Entry of Agreed Protective Order by Michael R McCullough, Hisham Mubaidin. (Attachments: #1 Text of Proposed Order (Agreed Protective Order))(Jones, William) |
| Filing 38 SUR-REPLY to Reply to Response to Motion re #32 MOTION to Dismiss Counter-Plaintiff Hisham Mubaidin's Original Counterclaim filed by Hisham Mubaidin. (Jones, William) |
| Filing 37 REPLY to Response to Motion re #32 MOTION to Dismiss Counter-Plaintiff Hisham Mubaidin's Original Counterclaim filed by United My Funds, LLC. (Martin, Eugene) |
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Filing 36
ORDER - GRANTING #34 Unopposed MOTION to Extend the Mediation Deadline filed by Hisham Mubaidin. Mediation Completion due by 1/20/2020. Signed by District Judge Amos L. Mazzant, III on 11/22/2019. (baf, )
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| Minute Entry for proceedings held before District Judge Amos L. Mazzant, III: Telephone Conference regarding discovery dispute held on 11/22/2019 at 1:31 p.m. Robbie Malone and Eugene Martin IV appeared on behalf of Plaintiffs; William Benjamin Jones, Austin Champion, and Farrah Ahmed appeared on behalf of Defendants. Court will Defendant to file a motion to compel and Plaintiff to respond. Call adjourned at 1:48 p.m. (Court Reporter Jan Mason) (kkc, ) |
| Counsel are advised that the Court has not opted out of this court's Local Rules concerning courtesy copies; therefore, Counsel are asked to comply with Local Rule CV-5(a)(9) and Local Rule CV-10(b) with respect to sending courtesy copies to Judge Mazzant. Please send copies of pleadings that exceed 20 pages to Judge Mazzant's chambers. Please use tabs and dividers for exhibits. (tls) |
| Filing 35 RESPONSE in Opposition re #32 MOTION to Dismiss Counter-Plaintiff Hisham Mubaidin's Original Counterclaim filed by Hisham Mubaidin. (Attachments: #1 Exhibit A - First Amended Petition in State Court, #2 Exhibit B - Original Answer in State Court, #3 Text of Proposed Order Denying United My Funds, LLC's Motion to Dismiss)(Jones, William) |
| Filing 34 Unopposed MOTION to Extend the Mediation Deadline by Hisham Mubaidin. (Attachments: #1 Text of Proposed Order Granting Unopposed Motion to Extend the Mediation Deadline)(Jones, William) |
| Filing 33 AFFIDAVIT of Service for Subpoena to Testify at a Deposition in a Civil Action with Exhibit A served on James Yoo on 11/14/2019, filed by Hisham Mubaidin. (Champion, Austin) |
| NOTICE of Hearing: Telephone Conference to address a discovery dispute set for 11/22/2019 at 1:30 p.m. before District Judge Amos L. Mazzant III. Attorneys are instructed to call the Conference Number at 1:25 p.m.: 888-363-4749; Access Code: 1588844, followed by #. (kkc) |
| Filing 32 MOTION to Dismiss Counter-Plaintiff Hisham Mubaidin's Original Counterclaim by United My Funds, LLC. (Attachments: #1 Exhibit A - Original Petition-Mubaidin, #2 Exhibit B - Order Granting Motion to Consolidate, #3 Text of Proposed Order)(Martin, Eugene) (Attachment 3 replaced on 11/7/2019) (rpc, ). |
| Filing 31 COUNTERCLAIM against United My Funds, LLC, filed by Hisham Mubaidin.(Jones, William) |
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Filing 30
ORDER - GRANTING #29 Joint MOTION Extension of Mediation Deadline re #18 Scheduling Order, filed by United My Funds, LLC. Mediation Completion due by 11/19/2019. Signed by District Judge Amos L. Mazzant, III on 9/17/2019. (baf, )
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| Filing 29 Joint MOTION Extension of Mediation Deadline re #18 Scheduling Order,, by United My Funds, LLC. (Attachments: #1 Text of Proposed Order)(Malone, Robbie) |
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Filing 28
ORDER REFERRING CASE TO MEDIATION. The Court hereby ORDERS that this case be submitted to mediation in accordance with this court's Mediation Plan. By agreement of the parties, the mediator assigned is the Hon. Jeff Kaplan (Ret.). Mediation Completion due by 9/20/2019. Signed by District Judge Amos L. Mazzant, III on 8/12/2019. (baf, )
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| Filing 27 NOTICE of Designation of Mediator, Hon. Jeff Kaplan (Ret.), filed by United My Funds, LLC. (Shin, Jin Seock) |
| Filing 26 REPLY to Response to Motion re #20 MOTION to Dismiss for Lack of Jurisdiction and Brief in Support filed by Michael R McCullough. (Jones, William) |
| Filing 25 Original ANSWER to #17 Answer to Amended Complaint,, Crossclaim, by Hisham Mubaidin.(Champion, Austin) |
| Filing 24 RESPONSE to Motion re #20 MOTION to Dismiss for Lack of Jurisdiction and Brief in Support filed by United My Funds, LLC. (Attachments: #1 Exhibit A - Declaration of James Yoo)(Malone, Robbie) |
| 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 Regarding Consent to Proceed Before Magistrate Judge. (baf, ) |
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Filing 23
ORDER - GRANTING #16 Motion to Withdraw as Attorney. Attorney Austin Smith Champion and William Benjamin Jones terminated. It is therefore ORDERED that the Clerk's Office shall enter the pro se appearance of Defendant Perera on the court docket, as follows: Chandana Perera, 2174 South Welsh, Wichita, Kansas 67230. Signed by District Judge Amos L. Mazzant, III on 7/17/2019. (baf, )
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| Filing 22 Original ANSWER to #8 Amended Complaint by Chandana Perera.(Champion, Austin) |
| Filing 21 Original ANSWER to #8 Amended Complaint by Hisham Mubaidin.(Champion, Austin) |
| Filing 20 MOTION to Dismiss for Lack of Jurisdiction and Brief in Support by Michael R McCullough. (Attachments: #1 Exhibit A - Declaration of Michael McCullough, #2 Text of Proposed Order Granting Motion to Dismiss)(Champion, Austin) |
| Filing 19 CORPORATE DISCLOSURE STATEMENT filed by Click Mart, Inc. (Ahmed, Farrah) |
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Filing 18
SCHEDULING ORDER: Final Pretrial Conference set for 3/31/2020 at 9:00 AM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Amended Pleadings due by 10/3/2019 for Plaintiff and by 10/17/2019 for Defendant. Discovery due by 12/26/2019. Joinder of Parties due by 8/22/2019. Jury instructions due by 3/17/2020 Mediation Completion due by 9/20/2019. Designation of Mediator due by 8/9/2019. Motions to dismiss, motions for summary judgment, or other dispositive motions due by 10/17/2019. Joint Final Pretrial Order due by 3/2/2020. Signed by District Judge Amos L. Mazzant, III on 7/11/2019. (baf, )
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| 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 Regarding Consent to Proceed Before Magistrate Judge. (baf, ) |
| Filing 17 CLICK MART, INC.S, YASER AL-SHAYEFS, AND WAIL AL SHAYEFS ORIGINAL ANSWER to #8 Amended Complaint and, CROSSCLAIM against Hisham Mubaidin, Chandana Perera by Yaser Al-Shayef, Wail Al-Shayef, Click Mart, Inc.. (Attachments: #1 Exhibit A)(Ahmed, Farrah) |
| The Court hereby CANCELS the July 11, 2019 Scheduling Conference; the Court will enter a Scheduling Order. (tls) |
| Filing 16 Unopposed MOTION to Withdraw as Attorney for Defendant Chandana Perera by Chandana Perera. (Attachments: #1 Text of Proposed Order Granting Motion to Withdraw)(Champion, Austin) |
| Filing 15 Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re Chandana Perera.( Champion, Austin) |
| Filing 14 Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re Hisham Mubaidin.( Champion, Austin) |
| Filing 13 Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re Michael R McCullough.( Champion, Austin) |
| Defendant's Unopposed SECOND Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Hisham Mubaidin to 7/16/2019. 15 Days Granted for Deadline Extension.( baf, ) |
| Defendant's Unopposed SECOND Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Michael R McCullough to 7/16/2019. 15 Days Granted for Deadline Extension.( baf, ) |
| Defendant's Unopposed SECOND Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Chandana Perera to 7/16/2019. 15 Days Granted for Deadline Extension.( baf, ) |
| Filing 12 REPORT of Rule 26(f) Planning Meeting. (Attachments: #1 Proposed Scheduling Order)(Malone, Robbie) |
| Filing 11 SUMMONS Issued as to Yaser Al-Shayef. (baf, ) |
| Filing 10 SUMMONS Issued as to Click Mart, Inc.. (baf, ) |
| Filing 9 SUMMONS Issued as to Wail Al-Shayef. (baf, ) |
| Filing 8 AMENDED COMPLAINT (PLAINTIFF UNITED MY FUNDS, LLC'S FIRST AMENDED COMPLAINT) against All Defendants, filed by United My Funds, LLC.(Malone, Robbie) |
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Filing 7
ORDER GOVERNING PROCEEDINGS. Rule 26 Meeting Report due by 6/26/2019. Rule 16 Management Conference set for 7/11/2019 at 03:30 PM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Signed by District Judge Amos L. Mazzant, III on 5/22/2019. (rpc, )
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| Defendant's Unopposed FIRST Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Hisham Mubaidin to 6/21/2019. 22 Days Granted for Deadline Extension.( baf, ) |
| Defendant's Unopposed FIRST Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Chandana Perera to 6/21/2019. 27 Days Granted for Deadline Extension.( baf, ) |
| Defendant's Unopposed FIRST Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Michael R McCullough to 6/21/2019. 28 Days Granted for Deadline Extension.( baf, ) |
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Filing 6
ORDER AND ADVISORY. Plaintiff's amended complaint is due thirty (30) days from the date of this order. Defendants' amended answer is due twenty (20) days from receipt of the amended complaint. Any prior deadline for Defendant's answer shall be extended to the date set by this order. Signed by District Judge Amos L. Mazzant, III on 5/21/2019. (rpc, )
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| Filing 5 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Michael R McCullough.( Champion, Austin) |
| Filing 4 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Chandana Perera.( Champion, Austin) |
| Filing 3 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Hisham Mubaidin.( Champion, Austin) |
| Filing 2 ***COMPLAINT FILED IN STATE COURT***COMPLAINT against All Defendants, filed by United My Funds, LLC.(baf, ) |
| Filing 1 NOTICE OF REMOVAL by Michael R McCullough, Hisham Mubaidin, Chandana Perera from 401st District Court, Collin County, Texas, case number 401-02146-2019. (Filing fee $ 400 receipt number 0540-7274242), filed by Michael R McCullough, Hisham Mubaidin, Chandana Perera. (Attachments: #1 Appendix Index of Documents, #2 Exhibit A - State Court Citation and Petition, #3 Exhibit B - Lead Counsel of Record, #4 Exhibit C - Civil Case Cover Sheet, #5 Exhibit D - Certified State Court Docket Sheet, #6 Exhibit E - State Court Filings)(Champion, Austin) |
| Case ASSIGNED to District Judge Amos L. Mazzant, III. (baf, ) |
| 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 Regarding Consent to Proceed Before Magistrate Judge. (baf, ) |
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