Capital One National Association v. Etail Closeouts Inc et al
| Capital One National Association |
| Etail Closeouts Inc, Mark Alan Rearick and Alazar K Neway |
| ADR Provider |
| 3:2015cv01689 |
| May 14, 2015 |
| US District Court for the Northern District of Texas |
| Dallas Office |
| Dallas |
| Jane J Boyle |
| Contract: Negotiable Instrument |
| 28 U.S.C. § 1330 Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on May 31, 2022. A more recent docket listing may be available from PACER.
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Filing 81
JUDGMENT: IT IS THEREFORE ORDERED that Plaintiff's claims against Rearick and Neway are DISMISSED WITH PREJUDICE, with each party to bear its own costs incurred in this action. This Order disposes of all relief sought and parties involved in this case, and is final for purposes of appeal. All relief not specifically granted herein is denied. (Ordered by Judge Jane J Boyle on 5/31/2022) (oyh)
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Filing 80
ELECTRONIC ORDER: In light of Defendants' Notices of Non-Opposition thereto, see Docs. #78 , #79 , Plaintiff's #75 Motion to Dismiss is GRANTED. Plaintiff's claims against Defendants Rearick and Neway are hereby dismissed with prejudice. (Ordered by Judge Jane J Boyle on 5/31/2022) (chmb)
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| Filing 79 NOTICE of Non-Opposition re: #75 MOTION to Dismiss with Prejudice filed by Alazar K Neway (Davis, Christopher) |
| Filing 78 NOTICE of Non-Opposition re: #75 MOTION to Dismiss with Prejudice filed by Mark Alan Rearick (Norman, Brian) |
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Filing 77
ELECTRONIC ORDER: In light of #75 Plaintiffs Motion to Dismiss, Defendants Mark Alan Rearick and Alazar K Neway are hereby ORDERED to, on or before Tuesday, May 31, 2022, file a notice with the Court indicating whether they are opposed to Plaintiffs Motion. If any Defendant opposes the Motion, they may file a response on or before June 15, 2022. (Ordered by Judge Jane J Boyle on 5/26/2022) (chmb)
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| Filing 76 Brief/Memorandum in Support filed by Capital One National Association re #75 MOTION to Dismiss with Prejudice (Bankler, Christopher) |
| Filing 75 MOTION to Dismiss with Prejudice filed by Capital One National Association (Attachments: #1 Proposed Order) (Bankler, Christopher) |
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Filing 74
ELECTRONIC ORDER: The Court extends the stay in this case and instructs the parties to file a joint status report regarding the performance of the settlement agreement on November 15, 2020. Failure to perform under the settlement agreement at that time or in the future will result in the re-opening of the case. This is the final stay. (Ordered by Judge Jane J. Boyle on 9/14/2020) (chmb) Modified docket text on 9/14/2020 (chmb).
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| Filing 73 STATUS REPORT ON SETTLEMENT AGREEMENT filed by Mark Alan Rearick. (Norman, Brian) |
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Filing 72
ELECTRONIC ORDER: Mark Alan Rearick is hereby ORDERED to respond to the Status Report filed by Capital One National Association (Doc. 71) by Monday, September 14, 2020 at 12:00pm. (Ordered by Judge Jane J. Boyle on 9/3/2020) (chmb)
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| Filing 71 STATUS REPORT on Performance of Settlement Agreement filed by Capital One National Association. (Bankler, Christopher) |
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Filing 70
ELECTRONIC ORDER: In light of the parties' Joint Status Report on Performance of Settlement Agreement (Doc. 69), the Court extends the stay in this case and instructs the parties to file an updated joint status report regarding the performance of the settlement agreement on September 1, 2020. (Ordered by Judge Jane J. Boyle on 2/19/2020) (chmb)
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| Filing 69 Joint STATUS REPORT filed by Mark Alan Rearick. (Norman, Brian) |
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Filing 68
ELECTRONIC ORDER: In light of the parties' Joint Status Report on Performance of Settlement Agreement (Doc. 67), the Court extends the stay in this case and instructs the parties to file an updated joint status report regarding the performance of the settlement agreement on February 15, 2020. (Ordered by Judge Jane J. Boyle on 1/24/2020) (chmb)
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| Filing 67 Joint STATUS REPORT ON SETTLEMENT AGREEMENT filed by Mark Alan Rearick. (Norman, Brian) |
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Filing 66
Order to Show Cause. By Thursday, 1/23/2020, Mr. Rearick must SHOW CAUSE, in writing, why their has not been an update on settlement discussions, and why the Court should not lift the stay in this case. Failure to show cause may result in the re-opening of the case. (Ordered by Judge Jane J. Boyle on 1/16/2020) (svc)
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| Filing 65 STATUS REPORT ON SETTLEMENT AGREEMENT filed by Mark Alan Rearick. (Norman, Brian) |
| Filing 64 STATUS REPORT on Performance of Settlement Agreement filed by Capital One National Association. (Bankler, Christopher) |
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Filing 63
ELECTRONIC ORDER: In light of the parties' Joint Status Report on Performance of Settlement Agreement (Doc. 62), the Court extends the stay in this case and instructs the parties to file an updated joint status report regarding the performance of the settlement agreement on November 1, 2019. (Ordered by Judge Jane J. Boyle on 5/1/2019) (chmb)
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| Filing 62 Joint STATUS REPORT on Performance of Settlement Agreement filed by Capital One National Association. (Bankler, Christopher) |
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Filing 61
ELECTRONIC ORDER: In light of the parties' Joint Status Report on Performance of Settlement Agreement (Doc. 60), the Court extends the stay in this case and instructs the parties to file an updated joint status report regarding the performance of the settlement agreement on May 1, 2019. (Ordered by Judge Jane J. Boyle on 10/31/2018) (chmb)
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| Filing 60 Joint STATUS REPORT on Performance of Settlement Agreement filed by Capital One National Association. (Bankler, Christopher) |
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Filing 59
ELECTRONIC ORDER: the Court extends the stay in this case and instructs the parties to file a joint status report regarding the performance of the settlement agreement on November 1, 2018. (Ordered by Judge Jane J. Boyle on 7/12/2018) (chmb)
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| Filing 58 Joint STATUS REPORT On Performance of Settlement Agreement and Response to the Court's Order to Show Cause filed by Capital One National Association, Mark Rearick and Etail Closeouts Inc. (Bankler, Christopher) Modified text/filers on 5/15/2018 (dsr). |
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Filing 57
ORDER TO SHOW CAUSE: The Court ORDERS the following: By Tuesday, 5/15/2018, the parties must SHOW CAUSE, in writing, why they have not yet filed their joint status report. (Ordered by Judge Jane J. Boyle on 5/8/2018) (aaa)
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Filing 56
ELECTRONIC ORDER granting #55 Motion to Extend Stay. The Court STAYS this case until May 1, 2018, and ORDERS the parties to submit a joint status report about the performance of their settlement agreement on that date. (Ordered by Judge Jane J. Boyle on 11/2/2017) (chmb)
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| Filing 55 MOTION to Extend Stay (Agreed) filed by Capital One National Association (Hamilton, Jeffrey) |
| Filing 54 Joint STATUS REPORT on Performance of Settlement Agreement filed by Capital One National Association. (Hamilton, Jeffrey) |
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Filing 53
ELECTRONIC ORDER granting #51 Motion. The Court GRANTS the parties' Agreed Motion to Extend Stay. To that end, the Court STAYS this case until November 2, 2017, and ORDERS the parties to submit a joint status report about the performance of their settlement agreement on that date. (Ordered by Judge Jane J. Boyle on 5/3/2017) (chmb)
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| Filing 52 Joint STATUS REPORT filed by Capital One National Association, Mark Alan Rearick, Alazar K Neway. (Hamilton, Jeffrey) Modified filers on 5/3/2017 (awc). |
| Filing 51 Agreed MOTION to Extend Stay filed by Capital One National Association (Hamilton, Jeffrey) Modified title on 5/3/2017 (sss). |
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Filing 50
ELECTRONIC ORDER granting #49 Motion. The Court GRANTS the parties' Agreed Motion to Extend Stay. To that end, the Court STAYS this case until May 2, 2017, and ORDERS the parties to submit a joint status report about the performance of their settlement agreement on that date. (Ordered by Judge Jane J Boyle on 11/2/2016) (chmb)
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| Filing 49 MOTION to Extend Stay filed by Capital One National Association (Hamilton, Jeffrey) |
| Filing 48 Joint STATUS REPORT on Performance of Settlement Agreement filed by Capital One National Association. (Hamilton, Jeffrey) |
| Filing 47 Joint STATUS REPORT Regarding Performance of Settlement Agreement filed by Etail Closeouts Inc, Alazar K Neway. (Reed, John) |
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Filing 46
ELECTRONIC ORDER granting #45 Motion to Stay ( #45 Motion to Stay filed by Capital One National Association terminated.) The Court hereby GRANTS the parties' Agreed Motion to Extend Stay and ORDERS that this case be stayed until November 2, 2016. If, at that time, the settlement agreement has not been fully performed, the parties may petition the Court for a further stay of the case. In the interim, the parties must submit joint status reports regarding the performance of the settlement agreement on August 2, 2016, and November 2, 2016. (Ordered by Judge Jane J Boyle on 5/4/2016) (chmb)
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| Filing 45 Agreed MOTION to Stay (Extended) filed by Capital One National Association (Attachments: #1 Proposed Order) (Hamilton, Jeffrey) |
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Filing 44
Agreed Final Judgment. (Ordered by Judge Jane J Boyle on 3/7/2016) (ndt)
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Filing 43
ELECTRONIC ORDER granting #42 Motion to Stay ( #42 Motion to Stay filed by Mark Alan Rearick, Capital One National Association, Alazar K Neway, Etail Closeouts Inc terminated.) The Court hereby GRANTS the parties' Joint Motion to Stay and Administratively Close Case. The case will be stayed and administratively closed for 60 days while the parties perform their settlement agreement. If, after 60 days, the settlement agreement has not been performed, the parties may petition the Court for a further stay of the case. (Ordered by Judge Jane J Boyle on 3/7/2016) (chmb)
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| Filing 42 Joint MOTION to Stay and Administratively Close Case filed by Capital One National Association, Etail Closeouts Inc, Alazar K Neway, Mark Alan Rearick (Hamilton, Jeffrey) |
| Filing 41 Joint MOTION for Judgment (Joint Motion for Entry of Agreed Judgment) filed by Capital One National Association, Etail Closeouts Inc (Attachments: #1 Exhibit A) (Hamilton, Jeffrey) |
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Filing 40
ORDER OF ADMINISTRATIVE CLOSURE: In view of the parties' impending settlement, the court clerk is directed to administratively close this case. (Ordered by Judge Jane J Boyle on 2/29/2016) (twd)
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Filing 39
ELECTRONIC ORDER granting #38 Motion to Extend Time. The Court hereby GRANTS the parties' Third Agreed Joint Motion to Extend Deadline to Submit Settlement Documents. The Court ORDERS the parties to submit final papers on or before March 4, 2016. (Ordered by Judge Jane J Boyle on 2/16/2016) (chmb)
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| Filing 38 Joint MOTION to Extend Time to Submit Settlement Documents filed by Capital One National Association, Etail Closeouts Inc, Alazar K Neway, Mark Alan Rearick (Attachments: #1 Proposed Order) (Hamilton, Jeffrey) |
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Filing 37
ELECTRONIC ORDER granting #36 Motion for Extension of Time to File Final Papers. The Court hereby GRANTS the parties' Second Agreed Joint Motion to Extend Deadline to Submit Settlement Documents. The Court ORDERS the parties to submit final papers on or before February 12, 2016. (Ordered by Judge Jane J Boyle on 1/22/2016) (chmb)
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| Filing 36 Agreed MOTION for Extension of Time to File Settlement Documents filed by Capital One National Association, Etail Closeouts Inc, Alazar K Neway, Mark Alan Rearick (Hamilton, Jeffrey) |
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Filing 35
ELECTRONIC ORDER granting #34 Motion to Extend Time. The Court hereby GRANTS the parties' Agreed Joint Motion to Extend Deadline to Submit Settlement Documents. The Court ORDERS the parties to submit final papers on or before January 21, 2016. (Ordered by Judge Jane J Boyle on 12/21/2015) (chmb)
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| Filing 34 Joint MOTION to Extend Time to Submit Settlement Documents filed by ADR Provider, Capital One National Association, Etail Closeouts Inc, Alazar K Neway, Mark Alan Rearick (Attachments: #1 Proposed Order) (Hamilton, Jeffrey) |
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Filing 33
ORDER: Before the Court is Plaintiff's Status Report (Doc. #32 ), filed on 11/20/2015. In the Report, Plaintiff indicates that the parties have settled the case. The Court therefore ORDERS that the parties file final papers with the Court on or before 12/21/2015. (Ordered by Judge Jane J Boyle on 11/23/2015) (axm)
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| Filing 32 STATUS REPORT filed by Capital One National Association. (Hamilton, Jeffrey) |
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Filing 31
ELECTRONIC ORDER granting #30 Motion to Extend Time to File Response/Reply. The Court hereby GRANTS Defendants Etail Closeouts, Inc.'s, Mark Rearick's, and Alazar K. Neway's Fourth Unopposed Motion to Extend the Date to File Defendants' Responses to Plaintiff's Motion for Summary Judgment. The Court ORDERS Defendants to file such responses on or before November 19, 2015. (Ordered by Judge Jane J Boyle on 10/21/2015) (chmb)
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| Filing 30 MOTION for Extension of Time to File Response/Reply to #15 MOTION for Summary Judgment filed by Etail Closeouts Inc, Alazar K Neway, Mark Alan Rearick (Attachments: #1 Proposed Order) (Reed, John) |
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Filing 29
ELECTRONIC ORDER granting #28 Motion to Extend Time to File Response/Reply. The Court hereby GRANTS Defendants Etail Closeouts, Inc.'s, Mark Rearick's, and Alazar K. Neway's Third Unopposed Motion to Extend the Date to File Responses to Plaintiff's Motion for Summary Judgment. The Court ORDERS Defendants to submit their responses on or before October 20, 2015. (Ordered by Judge Jane J Boyle on 9/23/2015) (chmb)
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| Filing 28 MOTION for Extension of Time to File Response/Reply to #15 MOTION for Summary Judgment filed by Etail Closeouts Inc, Alazar K Neway, Mark Alan Rearick (Attachments: #1 Proposed Order) (Reed, John) |
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Filing 27
ELECTRONIC ORDER granting #25 Motion to Extend Time to File Response/Reply. The Court hereby GRANTS Defendant Alazar K. Neway's Second Unopposed Motion to Extend the Date to File Defendant's Response to Plaintiff's Motion for Summary Judgment and ORDERS Defendant Alazar K. Neway to file such Response on or before September 22, 2015. (Ordered by Judge Jane J Boyle on 9/8/2015) (chmb)
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Filing 26
ELECTRONIC ORDER granting #24 Motion to Extend Time to File Response/Reply. The Court hereby GRANTS Defendants' Etail Closeouts, Inc. and Mark Rearick's Second Unopposed Motion to Extend the Date to File Defendants' Response to Plaintiff's Motion for Summary Judgment and ORDERS Defendants Etail Closeouts, Inc. and Mark Rearick to file such Response on or before September 22, 2015. (Ordered by Judge Jane J Boyle on 9/8/2015) (chmb)
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| Filing 25 Second Unopposed MOTION for Extension of Time to File Response/Reply to #15 MOTION for Summary Judgment filed by Alazar K Neway (Attachments: #1 Proposed Order) (Davis, Christopher) |
| Filing 24 Second Unopposed MOTION for Extension of Time to File Response/Reply to #15 MOTION for Summary Judgment filed by Etail Closeouts Inc, Mark Alan Rearick (Attachments: #1 Proposed Order) (Reed, John) |
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Filing 23
ELECTRONIC ORDER granting #22 Motion to Extend Time to File Response/Reply. The Court hereby GRANTS Defendant Alazar K. Neway's Unopposed Motion to Extend the Date to File Defendant's Response to Plaintiff's Motion for Summary Judgment and ORDERS Defendant Alazar K. Neway to file such Response on or before September 8, 2015. (Ordered by Judge Jane J Boyle on 9/2/2015) (chmb)
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| Filing 22 MOTION for Extension of Time to File Response/Reply to #15 MOTION for Summary Judgment filed by Alazar K Neway (Attachments: #1 Proposed Order) (Davis, Christopher) |
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Filing 21
ELECTRONIC ORDER granting #20 Motion to Extend Time to File Response/Reply. The Court hereby GRANTS Defendants Etail Closeouts, Inc. and Mark Rearick's Unopposed Motion to Extend the Date to File Defendants' Response to Plaintiff's Motion for Summary Judgment and ORDERS Defendants Etail Closeouts, Inc. and Mark Rearick to file such Response on or before September 8, 2015. (Ordered by Judge Jane J Boyle on 9/1/2015) (chmb)
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| Filing 20 MOTION for Extension of Time to File Response/Reply to #15 MOTION for Summary Judgment , #16 Brief/Memorandum in Support of Motion filed by Etail Closeouts Inc, Mark Alan Rearick (Attachments: #1 Proposed Order) (Reed, John) |
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Filing 19
MEDIATION ORDER. #Alternative Dispute Resolution Summary form provided electronically or by US Mail as appropriate. Deadline for mediation is on or before 11/27/2015. (Ordered by Judge Jane J Boyle on 8/20/2015) (bdb)
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| Filing 18 Designation of Mediator by Capital One National Association, Etail Closeouts Inc, Alazar K Neway, Mark Alan Rearick. (Hamilton, Jeffrey) |
| Filing 17 Appendix in Support filed by Capital One National Association re #15 MOTION for Summary Judgment (Attachments: #1 Appendix 1 - 32, #2 Appendix 33-93) (Hamilton, Jeffrey) |
| Filing 16 Brief/Memorandum in Support filed by Capital One National Association re #15 MOTION for Summary Judgment (Hamilton, Jeffrey) |
| Filing 15 MOTION for Summary Judgment filed by Capital One National Association (Attachments: #1 Proposed Order) (Hamilton, Jeffrey) |
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Filing 14
SCHEDULING ORDER: This case is set for trial on this Court's four-week docket beginning 4/25/2016 before Judge Jane J Boyle. Joinder of Parties due by 7/30/2015. Amended Pleadings due by 7/30/2015. Motions due by 1/26/2016. Discovery due by 12/27/2015. Deadline for mediation is on or before 11/27/2015. Pretrial Order due by 4/11/2016. Pretrial Materials due by 4/11/2016. Pretrial Conference set for 4/22/2016 10:00 AM before Judge Jane J Boyle. (Ordered by Judge Jane J Boyle on 7/17/2015) (axm)
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| Filing 13 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Etail Closeouts Inc, Mark Alan Rearick. (Reed, John) |
| Filing 12 Joint STATUS REPORT filed by Capital One National Association, Etail Closeouts Inc, Alazar K Neway, Mark Alan Rearick. (Hamilton, Jeffrey) |
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Filing 11
STATUS REPORT ORDER: Joint Status Report Due FRIDAY, JULY 10, 2015. (Ordered by Judge Jane J Boyle on 6/15/2015) (aaa)
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| Filing 10 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Alazar K Neway. (Davis, Christopher) |
| Filing 9 ANSWER to #1 Complaint filed by Alazar K Neway. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions 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. (Davis, Christopher) |
| Filing 8 ANSWER to #1 Complaint filed by Etail Closeouts Inc, Mark Alan Rearick. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions 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. (Reed, John) Modified on 6/15/2015 (aaa). |
| Filing 7 SUMMONS Returned Executed as to Mark Alan Rearick ; served on 5/15/2015. (Hamilton, Jeffrey) |
| Filing 6 SUMMONS Returned Executed as to Alazar K Neway ; served on 5/19/2015. (Hamilton, Jeffrey) |
| Filing 5 SUMMONS Returned Executed as to Etail Closeouts Inc ; served on 5/15/2015. (Hamilton, Jeffrey) |
| Filing 4 Summons Issued as to All Defendants. (ran) |
| Filing 3 New Case Notes: A filing fee has been paid. File to Judge Boyle. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Stickney). Clerk to provide copy to plaintiff if not received electronically. (ran) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Capital One, National Association identifying Corporate Parent/Other Affiliate Capital One Financial Corporation for Capital One, National Association. (Hamilton, Jeffrey) |
| Filing 1 COMPLAINT against All Defendants filed by Capital One, National Association. Filing fee paid, receipt number 0539-6801101. Clerk to issue summons(es). 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 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. (Attachments: #1 Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J) (Hamilton, Jeffrey) Modified on 5/14/2015 (ran). |
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