Alex Edward Akin, Boss Reclamation LLC Et Al
| Alex Edward Akin, John Michael Quirk, III and Trent Dwight Newman |
| Boss Reclamation LLC, Rick Evans and Luke Thompson |
| ADR Provider |
| 2:2010cv00002 |
| January 4, 2010 |
| U.S. District Court for the Northern District of Texas |
| Amarillo Office |
| Potter |
| Labor: Fair Standards |
| 15 U.S.C. § 1938 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 22, 2011. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 75 SATISFACTION OF JUDGMENT and Release filed by Alex Edward Akin, Trent Dwight Newman, John Michael Quirk, III. (Young, Jeremi) |
Filing 74
FINAL JUDGMENT - (Ordered by Judge Mary Lou Robinson on 3/3/2011) (plh)
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| Filing 73 NOTICE of Filing Proposed Final Judgment filed by Alex Edward Akin, Boss Reclamation LLC, Rick Evans, Trent Dwight Newman, John Michael Quirk, III, Luke Thompson (Attachments: # 1 Exhibit(s) A-Proposed Final Judgment) (Young, Jeremi) |
| Filing 72 Exhibit List Amended by Boss Reclamation LLC, Rick Evans, Luke Thompson. (Newsom, Timothy) |
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Filing 71
ORDER DENYING Plaintiffs' motion for a non-jury trial. (Ordered by Judge Mary Lou Robinson on 2/8/2011) (chmb)
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Filing 70
AMENDED ORDER -- This case is the backup case to Cause No. 2:09-CV-222-J on Thursday, 2/24/2011 at 9:00 a.m. Counsel are required to be present until a jury is chosen in 2:09-CV-222-J. If for any reason 2:09-CV-222-J does not go to trial, counsel for 2:10-CV-002-J will be required to choose a jury and go to trial 2/24/2011 at 9:00 a.m. All counsel are excused from docket call on Monday, 2/14/2011 at 9:30 a.m. This Order amends the Order entered 01/27/2011. (Ordered by Judge Mary Lou Robinson on 2/8/2011) (chmb)
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| Filing 69 REPLY to Pltfs' Response to Dft's Notice of Correction to Pre-Trial Order and Objection to Trial by Jury filed by Boss Reclamation LLC, Rick Evans, Luke Thompson re: 65 Response/Objection (Attachments: # 1 Exhibit(s) A - Notice of Acceptance of Offer of Judgment) (Newsom, Timothy) Modified on 2/8/2011 (plh). |
| Filing 68 REPLY to Pltf's Respons to Deft's Notice of Correction to Pre-Trial Order and Objection to Trial by Jury filed by Boss Reclamation LLC, Rick Evans, Luke Thompson re: 65 Response/Objection (Newsom, Timothy) Modified on 2/8/2011 (plh). |
| Filing 67 Notice of Correction of Signature Omission, correcting signature omission in 63 Exhibit List filed by Alex Edward Akin, Trent Dwight Newman, John Michael Quirk, III. (Russ, Philip) |
| Filing 66 STIPULATION to Exhibits by Boss Reclamation LLC, Rick Evans, Luke Thompson, Alex Edward Akin, Trent Dwight Newman, John Michael Quirk, III. (Newsom, Timothy) Modified on 2/7/2011 (plh). |
| Filing 65 RESPONSE AND OBJECTION filed by Alex Edward Akin, Trent Dwight Newman, John Michael Quirk, III re: 55 Order,, 54 Notice (Other) (Russ, Philip) |
| Filing 64 Witness List by Alex Edward Akin, Trent Dwight Newman, John Michael Quirk, III. (Russ, Philip) |
| Filing 63 Exhibit List Plaintiffs' Exhibit List for Trial by Alex Edward Akin, Trent Dwight Newman, John Michael Quirk, III. (Russ, Philip) |
| Filing 62 STATEMENT of STIPULATED Facts by Boss Reclamation LLC, Rick Evans, Luke Thompson, Alex Edward Akin, Trent Dwight Newman and John Michael Quirk, III. (Newsom, Timothy) Modified on 2/7/2011 (plh). |
| Filing 61 Witness List by Boss Reclamation LLC, Rick Evans, Luke Thompson. (Newsom, Timothy) |
| Filing 60 Exhibit List of Defendants by Boss Reclamation LLC, Rick Evans, Luke Thompson. (Newsom, Timothy) |
| Filing 59 Proposed Jury Charge filed by Alex Edward Akin, Trent Dwight Newman, John Michael Quirk, III. (Russ, Philip) |
| Filing 58 MOTION in Limine filed by Alex Edward Akin, Trent Dwight Newman, John Michael Quirk, III with Brief/Memorandum in Support. (Russ, Philip) |
| Filing 57 Proposed Jury Charge filed by Boss Reclamation LLC, Rick Evans, Luke Thompson. (Newsom, Timothy) |
| Filing 56 MOTION in Limine with Brief in Support filed by Boss Reclamation LLC, Rick Evans, Luke Thompson. (Newsom, Timothy) Modified on 1/31/2011 (plh). |
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Filing 55
ORDER - This case is the backup case to Cause No. 2:09-CV-222-J on Tuesday, February 22, 2011 at 9:00 a.m. Counsel are required to be present until a jury is chosen in 2:09-CV-222-J. If for any reason 2:09-CV-222-J does not go to trial, counsel for 2:10-CV-002-J will be required to choose a jury and go to trial Tuesday, February 22, 2011 at 9:00 a.m. Counsel in both cases are excused from docket call on Monday, February 14, 2011 at 9:30 a.m. (Ordered by Judge Mary Lou Robinson on 1/27/2011) (chmb)
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| Filing 54 NOTICE of Correction re: 53 Pretrial Order filed by Boss Reclamation LLC, Rick Evans, Luke Thompson (Newsom, Timothy) |
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Filing 53
JOINT PRETRIAL ORDER - trial estimate - 1/2 day; parties have agreed to waive a jury and try the matter of attorneys fees to the Court. See Joint Pretrial Order for specifics. (Ordered by Judge Mary Lou Robinson on 1/24/2011) (chmb)
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Filing 52
ORDER that parties are to confer and file a complete narrative of stipulated facts and confer and stipulate as to the authenticity and admissibility of all exhibits on or before 2/4/2011. (Ordered by Judge Mary Lou Robinson on 1/21/2011) (sas)
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| Filing 51 Proposed Joint Pretrial Order by Alex Edward Akin, Boss Reclamation LLC, Rick Evans, Trent Dwight Newman, John Michael Quirk, III, Luke Thompson. (Newsom, Timothy) Modified on 1/21/2011 (awc). |
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Filing 50
ORDER Re: Joint Status Report -- Parties' request for a mid-week trial setting is denied. However, the Court will attempt to accommodate Defendants' scheduling conflict to the extent that it is able. See Order. (Ordered by Judge Mary Lou Robinson on 1/19/2011) (chmb)
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| Filing 49 Joint STATUS REPORT filed by Alex Edward Akin, Boss Reclamation LLC, Rick Evans, Trent Dwight Newman, John Michael Quirk, III, Luke Thompson. (Newsom, Timothy) |
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Filing 48
ORDER -- The parties appear to have agreed to submit all of their factual disputes related to attorneys' fees to the Court as the trier of fact, thereby waiving the jury demand made in this case. If this is not correct, the parties are to immediately inform the Court as to the precise terms of their agreement. In addition, the parties are to file on or before Friday, 01/21/2011 a joint report stating their time estimates for an evidentiary hearing on the reasonableness and necessity of Plaintiffs' requested attorneys' fees. The Court is considering setting this matter for a hearing to be held on or before February 11, 2011. SEE ORDER FOR SPECIFICS. (Ordered by Judge Mary Lou Robinson on 1/13/2011) (chmb)
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Filing 47
PRETRIAL NOTICE AND ORDER -- CIVIL SETTINGS: All attorneys and parties not represented by attorneys are required to be present in open Court on Monday, 02/14/2011 at 9:30 a.m. for announcements and ready to begin trial on Tuesday, 02/15/2011 at 9:00 a.m. in the U.S. Courthouse, 2nd Floor Courtroom, 205 E. 5th St., Amarillo, TX before Judge Mary Lou Robinson. Pretrial Order due by 1/28/2011. See Pretrial Notice and Order for specifics. (Ordered by Judge Mary Lou Robinson on 1/11/2011) (chmb)
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| Filing 46 RESPONSE filed by Boss Reclamation LLC, Rick Evans, Luke Thompson re: 45 Supplemental MOTION for Attorney Fees with Affidavit in Support (Young, Jeremi) |
| Filing 45 Supplemental MOTION for Attorney Fees with Affidavit in Support filed by Alex Edward Akin, Trent Dwight Newman, John Michael Quirk, III (Russ, Philip) |
| Filing 44 RESPONSE filed by Alex Edward Akin, Trent Dwight Newman, John Michael Quirk, III re: 41 MOTION for Relief from Entry of Judgment (Russ, Philip) Modified on 10/8/2010 (awc). |
| Filing 43 Sur-reply filed by Boss Reclamation LLC, Rick Evans, Luke Thompson re: 30 First MOTION for Attorney Fees and Costs pursuant to FLSA 216(b) (Attachments: # 1 Exhibit(s) 1 - Declaration of Jeremi Young, # 2 Exhibit(s) 2 - Declaration of Tim Newsom, # 3 Exhibit(s) 3 - Email from JY to PR dated Aug. 16, 2010) (Newsom, Timothy) Modified on 10/7/2010 (awc). |
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Filing 42
ORDER granting 40 Motion for Leave to File a Sur-reply. (Ordered by Judge Mary Lou Robinson on 10/6/2010) (plh)
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| Filing 41 MOTION for Relief from Entry of Judgment re 39 MOTION for Judgment filed by Boss Reclamation LLC, Rick Evans, Luke Thompson (Young, Jeremi) |
| Filing 40 MOTION for Leave to File Sur-Reply to Plaintiffs' 30 Motion for Fees and Costs filed by Boss Reclamation LLC, Rick Evans, Luke Thompson (Attachments: # 1 Exhibit(s) A = Defendants' Sur-Reply) (Newsom, Timothy) Modified on 10/5/2010 (jeh). |
| Filing 39 MOTION for Judgment "Request for Clerk's Entry of Judgment Pursuant to Rule 68, FRCP" filed by Alex Edward Akin, Trent Dwight Newman, John Michael Quirk, III. (Russ, Philip) Modified on 10/4/2010 (djs). |
| Filing 38 REPLY filed by Alex Edward Akin, Trent Dwight Newman, John Michael Quirk, III re: 35 Response/Objection (Russ, Philip) |
| Filing 37 Appendix in Support filed by Alex Edward Akin, Trent Dwight Newman, John Michael Quirk, III re 36 Reply to Defendants's Response in Opposition to Plaintiffs' Application for Attorneys Fees and Costs (Attachments: # 1 Additional Page(s) Appendix in Support of Plaintiffs Reply, # 2 Additional Page(s) Appendix in Support of Plaintiffs Reply, # 3 Additional Page(s) Appendix in Support of Plaintiffs Reply, # 4 Additional Page(s) Appendix in Support of Plaintiffs Reply) (Russ, Philip) |
| Filing 36 REPLY filed by Alex Edward Akin, Trent Dwight Newman, John Michael Quirk, III re: 30 First MOTION for Attorney Fees and Costs pursuant to FLSA 216(b) (Russ, Philip) Modified on 9/29/2010 (plh). |
| Filing 35 SUPPLEMENTAL RESPONSE in Opposition filed by Boss Reclamation LLC, Rick Evans, Luke Thompson re: 30 First MOTION for Attorney Fees and Costs pursuant to FLSA 216(b) (Newsom, Timothy) Modified on 9/29/2010 (plh). |
| Filing 34 Appendix in Support filed by Boss Reclamation LLC, Rick Evans, Luke Thompson re 33 Response/Objection in Opposition to Plaintiffs' Motion for Attorney's Fees and Costs with Brief in Support (Attachments: # 1 Exhibit(s) A - Order in Berumen v. Excel, # 2 Exhibit(s) B - Final Judmgnet in Pointer v. Barrett, # 3 Exhibit(s) C1 - Joint Motion on Attorney's Fees in Pointer v. Barrett, # 4 Exhibit(s) C2 - Joint Motion on fees, # 5 Exhibit(s) C3 - Joint Motion on fees, # 6 Exhibit(s) D - Proposed Pretrial Order in Berumen v. Excel, # 7 Exhibit(s) E1 - Alex Akin's answers to discovery, # 8 Exhibit(s) E2 - Alex Akin's answers to discovery, # 9 Exhibit(s) E3 - Alex Akin's answers to discovery, # 10 Exhibit(s) E4 - Alex Akin's answers to discovery, # 11 Exhibit(s) F1 - Trent Newman's answers to discovery, # 12 Exhibit(s) F2 - Trent Newman's answers to discovery, # 13 Exhibit(s) G1 - Jack Quirk's answers to discovery, # 14 Exhibit(s) G2 - Jack Quirk's answers to discovery, # 15 Exhibit(s) H - Boss' Rule 26(a)(1) Disclosures, # 16 Exhibit(s) I - Plaintiffs' Rule 26(a)(2) Disclosures) (Newsom, Timothy) Modified on 9/22/2010 (plh). |
| Filing 33 RESPONSE in Opposition filed by Boss Reclamation LLC, Rick Evans, Luke Thompson re: 30 First MOTION for Attorney Fees and Costs pursuant to FLSA 216(b) With Brief in Support (Newsom, Timothy) Modified on 9/21/2010 (plh). |
| Filing 32 Appendix in Support filed by Alex Edward Akin, Trent Dwight Newman, John Michael Quirk, III re 31 Brief/Memorandum in Support of Motion, 30 First MOTION for Attorney Fees and Costs pursuant to FLSA 216(b) (Russ, Philip) |
| Filing 31 Brief/Memorandum in Support filed by Alex Edward Akin, Trent Dwight Newman, John Michael Quirk, III re 30 First MOTION for Attorney Fees and Costs pursuant to FLSA 216(b) (Russ, Philip) |
| Filing 30 First MOTION for Attorney Fees and Costs pursuant to FLSA 216(b) filed by Alex Edward Akin, Trent Dwight Newman, John Michael Quirk, III (Russ, Philip) |
| Filing 29 Joint STATUS REPORT of Proposed Final Judgment filed by Alex Edward Akin, Boss Reclamation LLC, Rick Evans, Trent Dwight Newman, John Michael Quirk, III, Luke Thompson. (Young, Jeremi) Modified on 8/27/2010 (awc). |
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Filing 28
ORDER Re: Plaintiffs Alex Akin, Trent Newman and Dustin Davidson's notice that they too have accepted the Rule 68 offer of judgment made by Defendants. Defendants having offered to pay Plaintiffs' attorney's fees and costs, the parties are to confer on those issues and are to tender a proposed agreed final judgment on or before Friday, 8/20/10. If agreement is reached on costs and attorney's fees, those amounts should be set forth in the proposed agreed final judgment. (Ordered by Judge Mary Lou Robinson on 8/4/2010) (chmb)
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Filing 27
ORDER Re: Plaintiff Quirk, III's Notice that he has accepted the Rule 26 offer of judgment made by Defendants. Parties are to confer on attorney's fees and costs issues and are to tender an agreed final judgment on or before Friday, 8/20/10. If agreement is reached on Quirk's costs and attorney's fees, those amounts should be set forth in the proposed agreed final judgment. (Ordered by Judge Mary Lou Robinson on 8/4/2010) (chmb)
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| Filing 26 NOTICE of Acceptance of Offer of Judgment to Alex Akin, Trent Newman & Dustin Davidson filed by Alex Edward Akin, Trent Dwight Newman (Russ, Philip) |
| Filing 25 NOTICE of Acceptance of Offer of Judgment to John Michael Quirk III filed by John Michael Quirk, III (Russ, Philip) |
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Filing 24
ORDER granting 23 Motion to Modify Rule 16 Scheduling Order. Parties shall be ready for trial by 11/22/10. Discovery shall be initiated in time to complete discovery by 10/8/10. Summary Judgment motions shall be filed by 10/8/10. All other motions except motions in limine shall be filed by 11/8/10. (Ordered by Judge Mary Lou Robinson on 7/13/2010) (plh)
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| Filing 23 Joint MOTION to Amend/Correct 9 Scheduling Order,, filed by Alex Edward Akin, Boss Reclamation LLC, Rick Evans, Trent Dwight Newman, John Michael Quirk, III, Luke Thompson (Young, Jeremi) |
| Filing 22 Alternative Dispute Resolution Summary filed by ADR Provider. Attorneys in Attendance: Jerry McLaughlin, Philip Russ, Jeremi Young, Tim Newsom. Prv Fee: $ 700.00. Outcome of ADR: Parties were unable to reach a settlement. (Fowler, Tad) |
| Filing 21 Joint STATUS REPORT on Mediation filed by Alex Edward Akin, Boss Reclamation LLC, Rick Evans, Trent Dwight Newman, John Michael Quirk, III, Luke Thompson. (Newsom, Timothy) |
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Filing 20
ORDER REFERRING CASE to ADR. Type of ADR: Non-Binding Mediation. (Ordered by Judge Mary Lou Robinson on 6/3/2010) (plh)
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| Filing 19 Joint STATUS REPORT filed by Alex Edward Akin, Boss Reclamation LLC, Rick Evans, Trent Dwight Newman, John Michael Quirk, III, and Luke Thompson. (Newsom, Timothy) Modified on 5/17/2010 (jeh). |
| Filing 18 Designation of Experts by defendants Boss Reclamation LLC, Rick Evans, Luke Thompson (Young, Jeremi) Modified on 5/3/2010 (jeh). |
| Filing 17 NOTICE of Filing Consent to Sue filed by Alex Edward Akin, Trent Dwight Newman, John Michael Quirk, III. Party Dustin Davidson added. (Russ, Philip) |
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Filing 16
ORDER granting 12 Motion to Certify Class and for Order Authorizing Notice to Potential Plaintiffs Similarly Situated Pursuant to 29 USC Section 216(b)(see specifics in Order) (Ordered by Judge Mary Lou Robinson on 3/23/2010) (plh) Modified on 3/24/2010 (jeh).
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| Filing 15 Joint STIPULATION On Plaintiffs' Motion for Order Authorizing Notice to Potential Plaintiffs Similarly Situated Pursuant to 29 U.S.C. 216(b) by Trent Dwight Newman, John Michael Quirk, III, Boss Reclamation LLC, Alex Edward Akin, Luke Thompson, Rick Evans. (Russ, Philip) |
| Filing 14 Appendix in Support filed by Trent Dwight Newman, John Michael Quirk, III, Alex Edward Akin re 12 MOTION to Certify Class and for Order Authorizing Notice to Potential Class pursuant to 216(b) of the FLSA. (Attachments: # 1 Appendix Exhibit "A", # 2 Affidavit Exhibit "I" Att 2, # 3 Affidavit Exhibit "L" Att 3) (Russ, Philip) Modified on 2/26/2010 (awc). |
| Filing 13 Brief/Memorandum in Support filed by Trent Dwight Newman, John Michael Quirk, III, Alex Edward Akin re 12 MOTION to Certify Class and for Order Authorizing Notice to Potential Class pursuant to 216(b) of the FLSA (Russ, Philip) |
| Filing 12 MOTION to Certify Class and for Order Authorizing Notice to Potential Class pursuant to 216(b) of the FLSA filed by Trent Dwight Newman, John Michael Quirk, III, Alex Edward Akin (Russ, Philip) |
| Filing 11 Joint STATUS REPORT on Rule 26(f) Conference filed by Trent Dwight Newman, John Michael Quirk, III, Boss Reclamation LLC, Alex Edward Akin, Luke Thompson, Rick Evans. (Newsom, Timothy) |
| Filing 10 NOTICE of Attorney Appearance by Jeremi K Young on behalf of all defendants. (Young, Jeremi) |
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Filing 9
ORIGINAL RULE 16 SCHEDULING ORDER: Parties shall be ready for trial by 10/11/2010. Counsel shall file a joint report setting forth the status of settlement negotiations by 5/14/2010. Discovery due by 8/9/2010. Pretrial Materials (designation of expert witnesses) due by 4/12/2010 by parties seeking affirmative relief and due by 5/3/2010 by parties opposing affirmative relief. Joinder of Parties due by 3/22/2010. Amended Pleadings due by 8/2/2010. Motions for summary judgment due by 8/9/2010. All other motions except motion in limine due by 9/6/2010. Rule 26(a)(3) disclosures due by 9/27/2010. (Ordered by Judge Mary Lou Robinson on 2/2/2010) (djs) Modified on 2/3/2010 (plh).
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| Filing 8 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Boss Reclamation LLC, Luke Thompson, Rick Evans. (Newsom, Timothy) |
| Filing 7 Original ANSWER to Complaint filed by Boss Reclamation LLC, Luke Thompson, Rick Evans (Newsom, Timothy) |
| Filing 6 SUMMONS Returned Executed as to Rick Evans ; served on 1/11/2010. (Russ, Philip) |
| Filing 5 SUMMONS Returned Executed as to Luke Thompson ; served on 1/6/2010. (Russ, Philip) Modified on 1/11/2010 (awc). |
| Filing 4 SUMMONS Returned Executed as to Boss Reclamation LLC ; served on 1/6/2010. (Russ, Philip) |
| Filing 3 Summons Issued as to Boss Reclamation LLC, Luke Thompson, Rick Evans. (awc) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Trent Dwight Newman, Alex Edward Akin, John Michael Quirk III. (Russ, Philip) |
| Filing 1 COMPLAINT WITH JURY DEMAND against all Defendants filed by Alex Edward Akin, Trent Dwight Newman, John Michael Quirk III. Clerk to issue summons(es). In each Notice of Electronic Filing the filer receives, the judge assignment is indicated in the subject line, 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. (Filing fee $350; Receipt number 05390000000003062782) (Russ, Philip) Modified on 1/5/2010 (awc). |
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