Jozwiak et al v. DePuy Orthopaedics Inc et al
| Jeremy A Jozwiak and Leslie M. Axford |
| Depuy Orthopaedics Inc, DePuy International Limited, Johnson & Johnson, Johnson & Johnson Services, Inc, Depuy Inc and Johnson & Johnson International |
| Special Master |
| 4:2022cv01083 |
| December 30, 2022 |
| US District Court for the Eastern District of Texas |
| Amos L Mazzant |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Both |
Docket Report
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This docket was last retrieved on January 27, 2023. A more recent docket listing may be available from PACER.
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| Filing 47 NOTICE of Attorney Appearance by Jenna Johnson on behalf of DePuy International Limited, Depuy Inc, Depuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services, Inc (Johnson, Jenna) |
| Filing 46 NOTICE of Attorney Appearance by Timothy E Hudson on behalf of DePuy International Limited, Depuy Inc, Depuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services, Inc (Hudson, Timothy) |
| Filing 45 NOTICE of Attorney Appearance - Pro Hac Vice by William Kershaw on behalf of Leslie M. Axford, Jeremy A Jozwiak. Filing fee $ 100, receipt number ATXEDC-9303821. (Kershaw, William) |
| Filing 44 NOTICE of Attorney Appearance - Pro Hac Vice by Stuart C Talley on behalf of Leslie M. Axford, Jeremy A Jozwiak. Filing fee $ 100, receipt number ATXEDC-9303739. (Talley, Stuart) |
| Pursuant to Local Rule CV 7(j), any motion pending in another federal or state court made by any party will be considered moot at the time of transfer or removal unless they are re-urged in this court. (mcg) |
| Case Assigned to District Judge Amos L. Mazzant, III. (mcg) |
| 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. (mcg) |
| Notified Attorneys William A Kershaw and Stuart C Talley, Per GO 04-12, this court no longer accepts pleadings in paper form. The Clerk will no longer mail or fax notices or orders to parties. All notices and orders generated by this court shall be sent electronically. ***ATTORNEYS NOT ADMITTED TO PRACTICE IN OUR COURT - ATTORNEY ADMISSION LETTER SENT VIA EMAIL*** (mcg) |
| Filing 43 Case transferred in from District of Texas Northern; Case Number 3:14-cv-00365. Original file certified copy of transfer order and docket sheet received. |
Filing 42
ORDER TRANSFERRING CASES PURSUANT TO 28 U.S.C. 1404 - Pursuant to Case Management Order #1 [Dkt. 20] and 28 U.S.C 1404, this Court transfers the identified cases to the appropriate United States District Court as identified above. (Ordered by Judge Ed Kinkeade on 12/30/2022) (chmb) [Transferred from Texas Northern on 12/30/2022.]
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| Filing 41 NOTICE of the Special Master's rulings. After reviewing the pleadings on file including the parties' joint status reports [Dkts. 27, 37] and conducting a telephonic hearing on December 29, 2022 [Dkt. 39], the special master recommends transferring this case for further proceedings because this case is in the process of completing discovery and ready to be set for trial; consequently, the case would no longer benefit from inclusion in the coordinated or consolidated pretrial proceedings before this Court. Further, the special master recommends transferring the case to the Eastern District of Texas pursuant to the recommendation in the parties' joint status report [Dkt. 36]. The following motions are currently pending in this case: Motions to Exclude [Dkts. 28, 29]; and Motions in Limine [Dkts. 33, 34, 35]. Because ruling on these motions will directly impact the claims, defenses, and presentation and admissibility of evidence at trial, the special master recommends this Court defer ruling on these motions to permit consideration by the transferee court which will have responsibility for putting the case on trial. filed by Special Master (Stanton, James) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 40 RESPONSE AND OBJECTION filed by DePuy Inc, DePuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc re: #34 MOTION in Limine Or Limit Defense Expert Opinions with Memorandum of Support (Beisner, John) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 39 Administrative Record consisting of REPORTER'S TRANSCRIPT OF TELEPHONIC STATUS CONFERENCE HAD ON THURSDAY, DECEMBER 29, 2022 filed by Special Master. (Stanton, James) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 38 NOTICE of the Special Master's rulings. By January 3, 2023, the parties are directed to file a joint status report with a list of any filing a party desires to be included in this individual case from the docket of In re: Depuy Orthopaedics 3:11-MD-2244-K pending in the United States District Court for the Northern District of Texas. The joint status report shall provide a single list of requested filings in chronological order identified by docket number and document title. filed by Special Master (Stanton, James) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 37 Joint STATUS REPORT (Updated) filed by DePuy Inc, DePuy International Limited, DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc, DePuy Products Inc, Johnson & Johnson, Johnson & Johnson Services Inc. (Bruksch, Terri) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 36 Joint STATUS REPORT filed by DePuy Inc, DePuy International Limited, DePuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc. (Bruksch, Terri) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 35 MOTION in Limine ; Memorandum in Support of Motion in Limine filed by Jeremy A Jozwiak with Brief/Memorandum in Support. (Talley, Stuart) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 34 MOTION in Limine Or Limit Defense Expert Opinions with Memorandum of Support filed by Jeremy A Jozwiak with Brief/Memorandum in Support. (Attachments: #1 Declaration(s) of Stuart C. Talley) (Talley, Stuart) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 33 MOTION in Limine (Omnibus) filed by DePuy Inc, DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Beisner, John) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 32 NOTICE of hearing. On December 2, 2022, the parties were directed to file a joint status report by December 16, 2022. By 5:00 p.m. Central on December 27, 2022, the parties are directed to file an updated joint status report. The parties are directed to attend a telephonic status conference on December 29, 2022 at 10:00 a.m. Central using the following information: Call in number 800.977.8002; Passcode 8325765#. filed by Special Master (Stanton, James) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 31 NOTICE of amendment to correct technical error in the original docket entry. The original complaint [Dkt. 1] was direct-filed in the Northern District of Texas pursuant to this Court's Case Management Order #1 in MDL 2244 [Dkt. 20]. By December 22, 2022, the parties are directed to file a joint status report with the Court providing their recommendations on a court of appropriate jurisdiction for trial pursuant to 28 U.S.C. 1404. [Dkt. 20, *paragraph* 17]. filed by Special Master (Stanton, James) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 30 NOTICE of the special mater's rulings. The original complaint [Dkt. 1] was direct-filed in the Northern District of Texas pursuant to this Court's Case Management Order #1 in MDL 2244 [Dkt. 20]. By December 22, 2022, the parties are directed to file a joint status report with the Court providing their recommendations on a court of appropriate jurisdiction for trial pursuant to 28 U.S.C. 1404. [Dkt. 20, 17]. filed by Special Master (Stanton, James) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 29 (Document Restricted) MOTION TO EXCLUDE THE OPINIONS OF ALBERT H. BURSTEIN, PH.D., J. MARCUS HOLLIS, PH.D. AND NATHANIEL YOUNG, M.S. REGARDING THE NATURE AND MEDICAL CAUSE OF PLAINTIFFS ALLEGED INJURIES (Sealed pursuant to order dated 6/20/2012) filed by DePuy Inc, DePuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc (Attachments: #1 Exhibit(s) Appendix of Exhibits Part 1, #2 Exhibit(s) Appendix of Exhibits Part 2, #3 Exhibit(s) Appendix of Exhibits Part 3, #4 Exhibit(s) Appendix of Exhibits Part 4, #5 Exhibit(s) Appendix of Exhibits Part 5, #6 Proposed Order) (Beisner, John) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 28 MOTION TO EXCLUDE THE OPINIONS OF CERTAIN PLAINTIFFS EXPERTS filed by DePuy Inc, DePuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc with Brief/Memorandum in Support. (Attachments: #1 Proposed Order)Attorney John H Beisner added to party DePuy Inc(pty:dft), Attorney John H Beisner added to party DePuy Orthopaedics Inc(pty:dft), Attorney John H Beisner added to party DePuy Products Inc(pty:dft), Attorney John H Beisner added to party Johnson & Johnson(pty:dft), Attorney John H Beisner added to party Johnson & Johnson International (pty:dft), Attorney John H Beisner added to party Johnson & Johnson Services Inc(pty:dft) (Beisner, John) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 27 Joint STATUS REPORT filed by Jeremy A Jozwiak. (Talley, Stuart) [Transferred from Texas Northern on 12/30/2022.] |
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Filing 26
ELECTRONIC AMENDED SCHEDULING ORDER: The Scheduling Order entered on September 16, 2022 in the above captioned matter is hereby amended as follows: 1. Plaintiff's opposition to any dispositive motions or Daubert motions is now due on or before January 30, 2023. (Ordered by Judge Ed Kinkeade on 12/6/2022) (chmb) [Transferred from Texas Northern on 12/30/2022.]
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| Filing 25 STIPULATION to Amend Scheduling Order and Proposed Order by Jeremy A Jozwiak. (Talley, Stuart) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 24 NOTICE of the Special Master's rulings: Pursuant to the special master's report of December 1, 2022 [Dkt. 23], and the Court's Scheduling Order of September 16, 2022 [Dkt. 16], the parties are directed to confer and file, by December 9, 2022, a joint status report regarding any matters that require the Court's attention to comply with the Court's Scheduling Order. filed by Special Master (Stanton, James) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 23 SPECIAL MASTER'S STATUS REPORT - Presently there are eighty-two cases remaining in this MDL. Sixty-six of the remaining cases are on a scheduling order where all pre-trial filings will be complete by December 30, 2022; twelve of the cases are on a scheduling order with pre-trial filings complete by March 3, 2023; and, four cases are subject to dismissal if service is not quickly accomplished. Although over half of the remaining cases in the MDL have efficiently moved forward on the scheduling order, a select few cases have required significant attention through motions practice and some parties stated inability to meet the Court's deadlines. Many of the issues raised in the motions were resolved through hearings or through agreement. In the previous 45 days, I have conducted numerous formal and informal status conferences. The transcripts and docket entry from those conferences are attached and are being docketed in all cases remaining in the MDL because they could affect outstanding legal and factual disputes among the parties in any of the cases. (Attachments: #1 10-18-2022 Conference Transcript, #2 10-19-2022 Conference Transcript, #3 10-23-2022 Conference Transcript, #4 10-28-2022 Conference Transcript, #5 Docket Entry 1283, #6 11-16-2022 Conference Transcript) (Stanton, James M.) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 22 On November 3, 2022, the special master conducted a discovery conference with Austin Mehr, counsel for plaintiff in Coblin - 3:18-cv-00524-K and Hill - 3:14-cv-03694-K, and Matthew Morrison, counsel for plaintiff in Ellison - 3:12-cv-2498-K, as well as Terri Bruksch, counsel for defendants, regarding the deposition of Dr. Al Burstein. Counsel reached an agreement that Dr. Burstein could be available for deposition in Sarasota, Florida on December 13 and 14, 2022, regarding his opinions in the three cases.Ms. Bruksch informed the special master that Dr. Burstein is also designated as an expert in the following cases: Near - 3:11-cv-01452-K; Ortiz - 3:11-cv-01597-K; Campbell - 3:11-cv-01959-K; Wright - 3:11-cv-02534-K; Brown - 3:11-cv-02574-K; Getz - 3:11-cv-02890-K; Campbell - 3:11-cv-02957-K; Greenwood - 3:11-cv-03585-K; Singer - 3:12-cv-00384-K; Baldwin - 3:12-cv-00731-K; O'Connell - 3:12-cv-01480-K; Gulledge - 3:12-cv-03301-K; Nation - 3:12-cv-03369-K; Taffurelli - 3:12-cv-03371-K; Winkelmeyer - 3:13-cv-01172-K; Jakelis - 3:13-cv-01699-K; Holland - 3:13-cv-02935-K; Jozwiak - 3:14-cv-00365-K; Buonaiuto - 3:14-cv-02750-K; Canty - 3:15-cv-00440-K; Sterling - 3:17-cv-00819-K; Diodato - 3:17-cv-01251-K; Winegarden - 3:18-cv-00159-K; Norvell - 3:18-cv-00381-K; Young - 3:18-cv-00474-K; Fleischman - 3:20-cv-02881-K; Hall - 3:21-cv-01321-K. Counsel for plaintiffs in the additional cases are instructed to coordinate with Mr. Mehr and Mr. Morrison to conduct their questioning, if any, of Dr. Burstein on December 13 and 14, 2022. If agreement cannot be reached, an additional conference with the special master will be conducted. (Stanton, James M.) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 21 RESPONSE AND OBJECTION filed by Leslie M. Axford, Jeremy A Jozwiak re: #18 Status Report (Talley, Stuart) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 20 ANSWER to #17 Amended Complaint,,, with Jury Demand filed by DePuy Orthopaedics Inc. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Bruksch, Terri) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 19 ANSWER to #17 Amended Complaint,,, with Jury Demand filed by DePuy Inc, DePuy International Limited, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Attorney Terri Bruksch added to party DePuy Inc(pty:dft), Attorney Terri Bruksch added to party Johnson & Johnson International (pty:dft) (Bruksch, Terri) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 18 STATUS REPORT filed by DePuy International Limited, DePuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson Company, Johnson & Johnson Services Inc. (Bruksch, Terri) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 17 AMENDED COMPLAINT WITH JURY DEMAND against DePuy International Limited, DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson Services Inc, Depuy, Inc., Johnson & Johnson International filed by Jeremy A Jozwiak, Leslie M. Axford. (One or more defendant(s) is no longer named.) Clerk to issue summons(es). Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Talley, Stuart) [Transferred from Texas Northern on 12/30/2022.] |
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Filing 16
SCHEDULING ORDER: Pursuant to Federal Rule of Civil Procedure 16(b), the Court enters this Scheduling Order: 1. Each Plaintiff shall amend pleadings by September 30, 2022; Each Defendantshall amend pleadings by October 14, 2022. 2. Each Plaintiff shall provide expert designations, materials, and reports required by the Federal Rules of Civil Procedure by October 28, 2022; the deposition of each Plaintiff expert shall be conducted between November 7, 2022, and November 18, 2022. 3. Each Defendant shall provide expert designations, materials, and reports required by the Federal Rules of Civil Procedure by November 4, 2002; the deposition of each Defendant expert shall be conducted between November 21, 2022 and December 2, 2022. 4. All discovery shall be completed by December 9, 2022. 5. All dispositive motions or Daubert motions shall be filed by December 16, 2022; and any response to the motions shall be filed by December 30, 2022. 6. The parties shall file motions in limine as well as any motions seeking to limit the testimony of any witness at trial for any reason by December 21, 2022. (Ordered by Judge Ed Kinkeade on 9/16/2022) (chmb) [Transferred from Texas Northern on 12/30/2022.]
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| Filing 15 STATUS REPORT (Defendants' Report) filed by DePuy International Limited, DePuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson Company, Johnson & Johnson Services Inc. (Bruksch, Terri) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 14 STATUS REPORT (Defendants' Report) filed by DePuy International Limited, DePuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson Company, Johnson & Johnson Services Inc. (Bruksch, Terri) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 13 NOTICE of Election to Withdraw from CMO 13 Mediation filed by Leslie M. Axford, Jeremy A Jozwiak (Talley, Stuart) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 12 Pursuant to the Court's Case Management Order No. 13 [Doc. 1150], the Court-appointed Special Master and Mediator requested that counsel for Plaintiff provide the most convenient city for Plaintiff to attend in-person mediation following an unsuccessful mediation Zoom mediation. The Parties have provided a city. The Mediator has confirmed the location and will provide a date, and the mediation will occur on or before May 31, 2022. (James M. Stanton - Special Master.) (chmb) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 11 ELECTRONIC Minute Entry for proceedings held before Special Master James M. Stanton: Status Conference held on 7/13/2021. Counsel for Plaintiff and Defendant appeared via teleconference and advised the court that the parties have not reached a settlement. Pursuant to CMO 13 [Doc. 1150], the parties are directed to attend mediation within 120 days of this order \ to be scheduled via email correspondence. (James M. Stanton Special Master). (twd) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 10 Pursuant to the Court's Case Management Order No. 13 [Doc. 1150], the Court-appointed Special Master James M. Stanton requires counsel for the parties to attend a telephonic status conference on July 13, 2021, at 2:15 p.m. Central Standard Time to receive an update from counsel on the status of the litigation and scheduling a mediation by calling 800-920-7487 and using passcode 8325765#. (James M. Stanton - Special Master.) (twd) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 9 Notice of filing Case Management OrdersThe following orders have been filed in 3:11-md-2244 and are available by using the links provided below.#CASE MANAGEMENT ORDER NO. #10 # PINNACLE PLAINTIFF PROFILE FORM# CASE MANAGEMENT ORDER NO. #11 # DEFENDANTS' FACT SHEET. (cea) [Transferred from Texas Northern on 12/30/2022.] |
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Filing 8
ELECTRONIC ORDER granting #7 Motion to Substitute Counsel. Jeffrey S. Grand and Daniel C. Burke are withdrawn and William A. Kershaw is hereby substituted in as Counsel for Plaintiffs in this case. (Ordered by Judge Ed Kinkeade on 5/23/2017) (chmb) [Transferred from Texas Northern on 12/30/2022.]
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| Filing 7 Joint MOTION to Substitute Attorney filed by Jeremy A Jozwiak, Leslie M. Axford. Added attorney William A Kershaw and Leslie M. Axford. Docket text modified on 5/23/2017 (twd). [Transferred from Texas Northern on 12/30/2022.] |
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Filing 6
ELECTRONIC ORDER denying #5 Motion to Withdraw as Attorney. Attorney Grand may re-refile his motion after conferring with opposing counsel and filing a motion that contains the required certificate of conference and certificate of service. (Ordered by Judge Ed Kinkeade on 5/19/2017) (chmb) [Transferred from Texas Northern on 12/30/2022.]
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| Filing 5 MOTION to Withdraw as Attorney for Jeffrey S. Grand filed by Leslie M. Axford, Jeremy A Jozwiak (Burke, Daniel) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 4 NOTICE of Attorney Appearance by Daniel C Burke on behalf of Leslie M. Axford, Jeremy A Jozwiak. (Filer confirms contact info in ECF is current.) (Burke, Daniel) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 3 NOTICE of Related Case filed by Leslie M. Axford, Jermey A. Jozwiak (Grand, Jeffrey) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Leslie M. Axford, Jermey A. Jozwiak. (Grand, Jeffrey) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 1 COMPLAINT WITH JURY DEMAND against DOES 1-10, inclusive, DePuy International Limited, DePuy Orthopaedics, Inc., DePuy Products, Inc., Johnson & Johnson, Johnson & Johnson Services, Inc. filed by Jermey A. Jozwiak, Leslie M. Axford. (Filing fee $400; Receipt number 0539-5822287) Summons(es) not requested at this time. Filer indicates this case is related to MDL Case No. 2244, In re: DePuy Orthopedics, Inc., Pinnacle Hip Implant Products Liability Litigation, pending before Judge Ed Kinkeade. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership (Attachments: #1 Civil Cover Sheet) (Grand, Jeffrey) [Transferred from Texas Northern on 12/30/2022.] |
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