Davis v. TikTok Inc. et al
| Paul Davis |
| TikTok Inc. and Meta Platforms, Inc. |
| 4:2022cv01001 |
| November 23, 2022 |
| US District Court for the Eastern District of Texas |
| Amos L Mazzant |
| Civil Rights: Other |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 10, 2023. A more recent docket listing may be available from PACER.
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Case transferred from Texas Eastern has been opened in California Northern District as case 3:23-cv-04045, filed 08/10/2023. (rpc, )
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Interdistrict transfer to the Northern District of California. (rpc, )
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Filing 57
MEMORANDUM OPINION AND ORDER. It is ORDERED that Plaintiff Paul Davis's Amended Emergency Motion for Remand (Dkt. #16 ) is DENIED. It is further ORDERED that Defendant Meta Platforms, Inc.'s Motion to Transfer Venue and/or Sever Under 28 U.S.C. 1404(a) and Rule 21 (Dkt. #20 ) is GRANTED and it is further ORDERED that this case is TRANSFERRED to the United States District Court for the Northern District of California. Signed by District Judge Amos L. Mazzant, III on 7/20/2023. (rpc, )
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The case will be transferred to another district 20 days from the date the Order of Transfer was entered on the docket, per Local Rule CV-83(b). (rpc, )
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Filing 56
REPLY to Response to Motion re #49 MOTION to Dismiss filed by Meta Platforms, Inc.. (Clayton, Taj)
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Filing 55
RESPONSE to #54 Notice (Other), Defendant's Response to Plaintiff's Notice of Amendment to Chapter 143A filed by Meta Platforms, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Clayton, Taj)
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Filing 54
NOTICE by Paul Davis re #20 MOTION to Sever / Defendant Meta Platforms, Inc.'s Motion to Transfer and/or Sever Under 28 U.S.C. 1404(a) and Rule 21 Plaintiff's Notice of Amendment to Chapter 143A Related to Defendant's Motion to Transfer (Davis, Paul)
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Filing 53
RESPONSE in Opposition re #49 MOTION to Dismiss (filed pursuant to the grace period in Local Rule CV-5(a)(10) due to technical failure of ECF filing system--see statement in Certificate of Service) filed by Paul Davis. (Attachments: #1 Exhibit A)(Davis, Paul)
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Filing 52
ORDER granting #50 Joint MOTION for Extension of Time to File Response/Reply as to #49 MOTION to Dismiss. Plaintiff's opposition to Defendant's motion to dismiss (Dkt. #49) is due on June 21, 2023, and Defendant's reply to the opposition is due on July 12, 2023.Signed by District Judge Amos L. Mazzant, III on 6/7/2023. (slo)
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Filing 51
MODIFIED SCHEDULING ORDER granting #48 Motion: Final Pretrial Conference set for 8/29/2024 at 09:00 AM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Amended Pleadings due by 9/22/2023. Discovery due by 4/5/2024. Joinder of Parties due by 8/11/2023. Jury instructions due by 8/15/2024. Mediation Completion due by 4/25/2024. Motions due by 3/8/2024. Proposed Pretrial Order due by 8/8/2024. Signed by District Judge Amos L. Mazzant, III on 6/5/2023. (rpc, )
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Filing 50
Joint MOTION for Extension of Time to File Response/Reply as to #49 MOTION to Dismiss by Meta Platforms, Inc.. (Attachments: #1 Proposed Order)(Clayton, Taj)
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Filing 49
MOTION to Dismiss by Meta Platforms, Inc.. (Attachments: #1 Text of Proposed Order, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Clayton, Taj)
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Filing 48
Unopposed MOTION to Amend/Correct #41 Scheduling Order, by Meta Platforms, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Clayton, Taj)
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Filing 47
NOTICE by Paul Davis re #46 Notice (Other) of Supplemental Evidence in Response to Defendant's Notice (Attachments: #1 Exhibit A - Invoice)(Davis, Paul)
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Filing 46
NOTICE by Meta Platforms, Inc. / Notice of Supplemental Authority (Attachments: #1 Exhibit 1 - E.D. Tex. No. 22-cv-572 Dkt. 37, #2 Exhibit 2 - E.D. Tex. No. 22-cv-572 Dkt. 35)(Clayton, Taj)
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Filing 45
NOTICE by TikTok Inc. Voluntary Dismissal of TikTok Inc. by Plaintiff Paul Davis (filed by permission) (Mizell, Patrick)
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Filing 44
MOTION to Change Venue by TikTok Inc.. (Attachments: #1 Exhibit 1 Declaration of Brian O'Connor, #2 Text of Proposed Order)(Mizell, Patrick)
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Filing 43
ORDER granting #42 Motion to Modify Scheduling Order. Signed by District Judge Amos L. Mazzant, III on 2/16/2023. (rpc, )
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Filing 42
Unopposed MOTION to Amend/Correct #41 Scheduling Order, by TikTok Inc.. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Mizell, Patrick)
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Filing 41
SCHEDULING ORDER: Final Pretrial Conference set for 1/4/2024 at 09:00 AM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Amended Pleadings due by 5/3/2023. Discovery due by 7/26/2023. Joinder of Parties due by 3/22/2023. Jury instructions due by 12/21/2023. Mediation Completion due by 8/15/2023. Motions due by 8/17/2023. Proposed Pretrial Order due by 12/5/2023. Signed by District Judge Amos L. Mazzant, III on 2/13/2023. (rpc, )
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Filing 40
ORDER granting #38 Motion for Leave to File Excess Pages. Signed by District Judge Amos L. Mazzant, III on 2/9/2023. (rpc, )
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Filing 39
SUR-REPLY to Reply to Response to Motion re #20 MOTION to Sever / Defendant Meta Platforms, Inc.'s Motion to Transfer and/or Sever Under 28 U.S.C. 1404(a) and Rule 21 filed by Paul Davis. (Davis, Paul)
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Filing 38
Unopposed MOTION for Leave to File Excess Pages in Sur-Reply opposing Meta Platforms's Motion to Transfer Venue by Paul Davis. (Attachments: #1 Text of Proposed Order)(Davis, Paul)
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Filing 37
ORDER granting #35 Motion for Leave to File Excess Pages. Signed by District Judge Amos L. Mazzant, III on 2/2/2023. (ch, )
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Due to the Court's civil trial docket, the Court CANCELS the 2/8/2023 Scheduling Conference. (No attachment.) (tls)
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Filing 36
REPLY to Response to Motion re #20 MOTION to Sever / Defendant Meta Platforms, Inc.'s Motion to Transfer and/or Sever Under 28 U.S.C. 1404(a) and Rule 21 filed by Meta Platforms, Inc.. (Clayton, Taj)
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Filing 35
Unopposed MOTION for Leave to File Excess Pages Enlarge Page Limit by Meta Platforms, Inc.. (Attachments: #1 Text of Proposed Order)(Clayton, Taj)
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Filing 34
SUR-REPLY to Reply to Response to Motion re #16 Emergency MOTION to Remand to State Court filed by TikTok Inc.. (Mizell, Patrick)
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Filing 33
NOTICE of Attorney Appearance by Paul David Hill, Jr on behalf of TikTok Inc. (Hill, Paul)
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Filing 32
SUR-REPLY to Reply to Response to Motion re #16 Emergency MOTION to Remand to State Court filed by Meta Platforms, Inc.. (Clayton, Taj)
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Filing 31
NOTICE of Change of Address by Thomas S Leatherbury (Leatherbury, Thomas)
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Filing 30
REPORT of Rule 26(f) Planning Meeting. (Mizell, Patrick) (Additional attachment(s) added on 1/26/2023: #1 Text of Proposed Order) (rpc, ).
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Filing 29
NOTICE of Attorney Appearance - Pro Hac Vice by Maxwell Mishkin on behalf of TikTok Inc.. Filing fee $ 100, receipt number ATXEDC-9325787. (Mishkin, Maxwell)
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Filing 28
NOTICE of Attorney Appearance - Pro Hac Vice by Lynn Oberlander on behalf of TikTok Inc.. Filing fee $ 100, receipt number ATXEDC-9325780. (Oberlander, Lynn)
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Filing 27
NOTICE of Attorney Appearance - Pro Hac Vice by Chad Russell Bowman on behalf of TikTok Inc.. Filing fee $ 100, receipt number ATXEDC-9325774. (Bowman, Chad)
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Filing 26
NOTICE of Attorney Appearance - Pro Hac Vice by David A. Schulz on behalf of TikTok Inc.. Filing fee $ 100, receipt number BTXEDC-9325769. (Schulz, David)
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Filing 25
RESPONSE in Opposition re #20 MOTION to Sever / Defendant Meta Platforms, Inc.'s Motion to Transfer and/or Sever Under 28 U.S.C. 1404(a) and Rule 21 filed by Paul Davis. (Attachments: #1 Exhibit A - State of Texas Amicus Brief, #2 Text of Proposed Order)(Davis, Paul)
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Filing 24
REPLY to Response to Motion re #16 Emergency MOTION to Remand to State Court filed by Paul Davis. (Attachments: #1 Exhibit A - Declaration of Amy Coello, #2 Exhibit B - Declaration of Paul Davis, #3 Exhibit C - State of Texas Amicus Brief)(Davis, Paul)
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Filing 23
ORDER granting #14 Motion to Withdraw #6 Emergency MOTION to Remand to State Court. Plaintiff's Emergency Motion to Remand (Dkt. #6 ) is hereby withdrawn. Signed by District Judge Amos L. Mazzant, III on 1/19/2023. (rpc, )
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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 filings that exceed 20 pages to Judge Mazzant's chambers. Please use tabs and dividers for exhibits, and please place very voluminous filings in three-ring binder(s). Staples are fine; no binder clips, please. (tls)
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Filing 22
RESPONSE to Motion re #16 Emergency MOTION to Remand to State Court filed by TikTok Inc.. (Attachments: #1 Text of Proposed Order Order)(Mizell, Patrick)
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Filing 21
RESPONSE in Opposition re #16 Emergency MOTION to Remand to State Court filed by Meta Platforms, Inc.. (Attachments: #1 Text of Proposed Order, #2 Exhibit 1)(Clayton, Taj)
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Filing 20
MOTION to Sever / Defendant Meta Platforms, Inc.'s Motion to Transfer and/or Sever Under 28 U.S.C. 1404(a) and Rule 21 by Meta Platforms, Inc.. (Attachments: #1 Text of Proposed Order, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 2-A, #5 Exhibit 2-B, #6 Exhibit 2-C, #7 Exhibit 2-D, #8 Exhibit 2-E, #9 Exhibit 2-F, #10 Exhibit 2-G, #11 Exhibit 2-H, #12 Exhibit 2-I, #13 Exhibit 2-J, #14 Exhibit 2-K, #15 Exhibit 2-L, #16 Exhibit 2-M, #17 Exhibit 2-N, #18 Exhibit 2-O, #19 Exhibit 2-P, #20 Exhibit 2-Q, #21 Exhibit 2-R, #22 Exhibit 2-S, #23 Exhibit 2-T, #24 Exhibit 2-U, #25 Exhibit 2-V, #26 Exhibit 2-W, #27 Exhibit 2-X, #28 Exhibit 2-Y, #29 Exhibit 2-Z, #30 Exhibit 2-AA, #31 Exhibit 2-BB, #32 Exhibit 2-CC, #33 Exhibit 2-DD, #34 Exhibit 2-EE, #35 Exhibit 2-FF, #36 Exhibit 2-GG, #37 Exhibit 2-HH, #38 Exhibit 2-II, #39 Exhibit 2-JJ, #40 Exhibit 2-KK, #41 Exhibit 2-LL, #42 Exhibit 2-MM, #43 Exhibit 2-NN, #44 Exhibit 2-OO, #45 Exhibit 3, #46 Exhibit 4, #47 Exhibit 5, #48 Exhibit 6)(Clayton, Taj)
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Filing 19
NOTICE of Attorney Appearance - Pro Hac Vice by Philip Cooper on behalf of Meta Platforms, Inc.. Filing fee $ 100, receipt number ATXEDC-9296276. (Cooper, Philip)
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Filing 18
ORDER re #16 Plaintiff's Amended Emergency Motion to Remand. The Court finds that the request for expedited briefing should be, and hereby is, DENIED. Signed by District Judge Amos L. Mazzant, III on 1/5/2023. (rpc, ) Modified on 1/6/2023 (rpc, ).
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Filing 17
RESPONSE in Opposition re #16 Emergency MOTION to Remand to State Court / Defendants' Joint Opposition to Expediting Deadlines filed by Meta Platforms, Inc., TikTok Inc.. (Clayton, Taj)
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Filing 16
Emergency MOTION to Remand to State Court by Paul Davis. (Attachments: #1 Exhibit A - Declaration of Paul Davis, #2 Text of Proposed Order Proposed Order on Briefing Schedule, #3 Proposed Order Granting Motion to Remand)(Davis, Paul)
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Filing 15
ORDER GOVERNING PROCEEDINGS. Rule 26 Meeting Report due by 1/25/2023. Rule 16 Management Conference set for 2/8/2023 at 03:30 PM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Signed by District Judge Amos L. Mazzant, III on 12/21/2022. (rpc, )
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Filing 14
Unopposed MOTION to Withdraw #6 Emergency MOTION to Remand to State Court by Paul Davis. (Attachments: #1 Text of Proposed Order)(Davis, Paul)
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NOTICE of Deficiency regarding the #13 MOTION to Withdraw #6 Emergency MOTION to Remand to State Court submitted by Paul Davis. The Motion is missing a Certificate of Conference. Correction should be made by one business day. (rpc, )
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Filing 13
***DEFICIENT. TO BE REFILED. PLEASE DISREGARD*** MOTION to Withdraw #6 Emergency MOTION to Remand to State Court by Paul Davis. (Attachments: #1 Text of Proposed Order)(Davis, Paul) Modified on 12/13/2022 (rpc, ).
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Filing 12
***DEFICIENT. TO BE REFILED. PLEASE DISREGARD*** NOTICE by Paul Davis re #6 Emergency MOTION to Remand to State Court Plaintiff's Notice of Withdrawal of Emergency Motion to Remand (Davis, Paul) Modified on 12/12/2022 (rpc, ).
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NOTICE of Deficiency regarding the #12 Notice of Withdrawal submitted by Paul Davis. A Motion to Withdraw should be filed instead of a Notice. Correction should be made by one business day. (rpc, )
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Filing 11
ORDER AND ADVISORY. Signed by District Judge Amos L. Mazzant, III on 12/6/2022. (rpc, )
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Filing 10
NOTICE by Meta Platforms, Inc. Notice of Consent to Removal (Clayton, Taj)
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Filing 9
CORPORATE DISCLOSURE STATEMENT filed by Meta Platforms, Inc. (Clayton, Taj)
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Filing 8
NOTICE of Attorney Appearance by Taj Jamar Clayton on behalf of Meta Platforms, Inc. (Clayton, Taj)
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Filing 7
NOTICE OF REMOVAL by TikTok Inc. AMENDED from County Court at Law No. 4 of Collin County, Texas, case number Cause No. 004-03043-2022. (Filing fee $ 402 receipt number ATXEDC-9244241), filed by TikTok Inc.. (Attachments: #1 Exhibit 1 - State Court Docket Sheet, #2 Exhibit 2 - Original Petition, #3 Exhibit 3 - Declaration of Patrick W. Mizell, #4 Exhibit 4 - Docket Sheet of Previous State Court Action, #5 Exhibit 5 - Docket Sheet of Previous Federal Court Action, #6 Exhibit 6 - Fifth Circuit Order Staying Mandate, #7 Exhibit 7 - Plaintiff's Notice of Voluntary Dismissal)(Leatherbury, Thomas)
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Filing 6
Emergency MOTION to Remand to State Court by Paul Davis. (Attachments: #1 Exhibit A - Declaration of Paul Davis, #2 Text of Proposed Order)(Davis, Paul)
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Filing 5
***ORIGINAL PETITION FILED IN STATE COURT*** COMPLAINT against Meta Platforms, Inc., TikTok Inc., filed by Paul Davis.(daj, )
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Case assigned to District Judge Amos L. Mazzant, III. (daj, )
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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. (daj, )
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NOTICE of Deficiency regarding document #4 submitted by Paul Davis. Motion does not contain a Certificate of Conference (Local Rule CV-7(i)). Correction should be made by one business day. (daj, )
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Filing 4
***DEFICIENT DOCUMENT. PLEASE DISREGARD.*** Emergency MOTION to Remand to State Court by Paul Davis. (Attachments: #1 Exhibit A - Declaration of Paul Davis, #2 Text of Proposed Order)(Davis, Paul) Modified on 11/28/2022 (daj, ).
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Filing 3
Additional Attachments to Main Document: #1 Notice of Removal,,.. (Leatherbury, Thomas)
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Filing 2
CORPORATE DISCLOSURE STATEMENT filed by TikTok Inc. (Leatherbury, Thomas)
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Filing 1
NOTICE OF REMOVAL by TikTok Inc. from County Court at Law No. 4 of Collin County, Texas, case number Cause No. 004-03043-2022. (Filing fee $ 402 receipt number ATXEDC-9241512), filed by TikTok Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 - State Court Docket Sheet and Certification, #3 Exhibit 2 - Plaintiff's Original Petition, #4 Exhibit 3 - Declaration of Patrick W. Mizell, #5 Exhibit 4 - Docket Sheet of Previous State Court Action, #6 Exhibit 5 - Docket Sheet of Previous Federal Court Action, #7 Exhibit 6 - Fifth Circuit Order, #8 Exhibit 7 - Plaintiff's Previous Notice of Voluntary Dismissal)(Leatherbury, Thomas)
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