Klein et al v. Novotny et al
| Klein Metals Inc, Klein Enterprises Inc and Ross Klein |
| Your Path Financial LLC, Fifth Third Bank, Mony Life Insurance Company of America and Kathleen Kim Novotny |
| ADR Provider |
| 3:2015cv02885 |
| September 2, 2015 |
| US District Court for the Northern District of Texas |
| Dallas Office |
| Anderson |
| Ed Kinkeade |
| Rebecca Rutherford |
| Labor: Employee Retirement Income Security Act (ERISA) |
| 29 U.S.C. § 1001 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 13, 2018. A more recent docket listing may be available from PACER.
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| Filing 80 Agreed STIPULATION OF DISMISSAL with Prejudice by Ross Klein, Klein Enterprises Inc, Klein Metals Inc. (Azano, Jon) |
Filing 79
Order Administratively Closing Case. The Parties are directed to submit their dismissal papers within 30 days from the date of this order. (Ordered by Judge Ed Kinkeade on 6/21/2018) (rekc)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:79. Thu Jun 21 14:02:54 CDT 2018 (crt) |
| Filing 78 STATUS REPORT filed by Ross Klein, Klein Enterprises Inc, Klein Metals Inc. (Azano, Jon) |
| Filing 77 STATUS REPORT to Court Regarding Agreed Mediator Lexa Auld filed by Kathleen Kim Novotny. (Brinker, D) |
| Filing 76 (Document Restricted) Attorney Contact Information (Sealed pursuant to SO 19-1, statute, or rule) filed by Ross Klein, Klein Enterprises Inc, Klein Metals Inc (Azano, Jon) |
| Filing 75 (Document Restricted) Attorney Contact Information (Sealed pursuant to SO 19-1, statute, or rule) filed by Kathleen Kim Novotny, Your Path Financial LLC (Brinker, D) |
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Filing 74
SCHEDULING ORDER: Deadline for mediation is on or before 4/18/2018. Jury Trial set for Court's three-week docket beginning 9/10/2018 before Judge Ed Kinkeade. Motions due by 5/7/2018. Discovery due by 6/29/2018. Pretrial Materials due by 8/20/2018. (Ordered by Judge Ed Kinkeade on 1/29/2018) (sss)
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Filing 73
SPECIAL ORDER NO. 3-316: All matters referred to Magistrate Judge Stickney are automatically referred to Magistrate Judge Rutherford unless otherwise directed by the presiding district judge. (Ordered by Chief Judge Barbara M.G. Lynn on 1/26/2018) (ctf)
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| Filing 72 First Amended Agreed MOTION for Entry of Scheduling Order filed by Ross Klein, Klein Enterprises Inc, Klein Metals Inc (Attachments: #1 Exhibit(s) Exhibit A) (Azano, Jon) Modified text on 1/29/2018 (rekc). |
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Filing 71
ORDER denying #69 Agreed Motion for Entry of Scheduling Order. (Ordered by Judge Ed Kinkeade on 1/25/2018) (aaa)
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| Filing 70 Proposal for contents of scheduling and discovery order Agreed Scheduling Order by Ross Klein, Klein Enterprises Inc, Klein Metals Inc. (Malesovas, John) |
| Filing 69 MOTION Agreed Motion for Entry of Scheduling Order filed by Ross Klein, Klein Enterprises Inc, Klein Metals Inc (Attachments: #1 Proposed Order) (Malesovas, John) |
| Filing 68 NOTICE of Agreed Non-Consent to Proceed Before a United States Magistrate Judge filed by Ross Klein, Klein Enterprises Inc, Klein Metals Inc (Malesovas, John) |
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Filing 67
ELECTONIC ORDER: On December 18, 2017, U.S. Magistrate Judge Paul D. Stickney held a Status Conference with the parties in this case. Please find attached the Consent to Proceed before the U.S. Magistrate Judge. (Ordered by Judge Ed Kinkeade on 1/2/2018) (chmb)
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Filing 66
ELECTRONIC ORDER: Counsel for Defendants Kathleen Novotny and Your Path Financial, LLC stated at the 12/18/2017 Status Conference that Defendants will file a dispositive motion on the remaining issues. Defendants are ordered to file the dispositive motion by 1/31/2018. (Ordered by Magistrate Judge Paul D. Stickney on 1/2/2018) (chmb)
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| Filing 65 ELECTRONIC Minute Entry for proceedings held before Magistrate Judge Paul D Stickney: Status Conference held on 12/18/2017. Attorney Appearances: Plaintiff - Jon Azano; Defense - Amanda Harvey. (Court Reporter: Digital File) (No exhibits) Time in Court - :09. (mcrd) |
| Filing 64 RESPONSE filed by Ross Klein, Klein Enterprises Inc, Klein Metals Inc re: #61 Order, Modify Hearings/Deadlines,, (Azano, Jon) |
| Filing 63 NOTICE of Attorney Appearance by D Craig Brinker on behalf of Your Path Financial LLC. (Filer confirms contact info in ECF is current.) (Brinker, D) |
| Filing 62 NOTICE of Attorney Appearance by D Craig Brinker on behalf of Kathleen Kim Novotny. (Filer confirms contact info in ECF is current.) (Brinker, D) |
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Filing 61
ORDER: This case has been referred for pretrial management. The Court further sets a status conference in this matter on MONDAY, DECEMBER 18, 2017, at 10:00 A.M. in the United States Magistrate Judges Courtroom, Room 1620, 1100 Commerce Street, Dallas, Texas to discuss remaining pending matters and whether the parties would consent to proceed with the United States Magistrate Judge. (see order) (Ordered by Magistrate Judge Paul D Stickney on 10/24/2017) (mcrd)
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| Filing 60 RESPONSE AND OBJECTION filed by Kathleen Kim Novotny re: #53 Request for Clerk to Issue Document, #54 Status Report. (ndt) |
| Filing 59 NOTICE of Change of Address for Pro Se litigant Kathleen Kim Novotny, Your Path Financial LLC. New address: 1108 Blue Gill Lane Crowley, TX 76036. (ams) |
| Filing 58 Clerk's ENTRY OF DEFAULT as to Your Path Financial LLC. (sss) |
| Filing 57 (CORRECTED)Proposal for contents of scheduling and discovery order with Certificate of Service by Ross Klein, Klein Enterprises Inc, Klein Metals Inc. (Malesovas, John) Modified on 9/19/2017 to enhance text(dss). |
| Filing 56 ***DISREGARD - see #58 for corrected PDF*** Clerk's ENTRY OF DEFAULT as to Your Path Financial LLC. (ran) Modified per clerical error and attorney request on 9/21/2017 (sss). |
| Filing 55 Proposal for contents of scheduling and discovery order by Ross Klein, Klein Enterprises Inc, Klein Metals Inc. (Malesovas, John) |
| Filing 54 Joint STATUS REPORT Report on Case Status filed by Ross Klein, Klein Enterprises Inc, Klein Metals Inc. (Malesovas, John) |
| Filing 53 Request for Clerk to issue Default filed by Ross Klein, Klein Enterprises Inc, Klein Metals Inc. (Attachments: #1 Clerk's Entry of Default) (Malesovas, John) |
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Filing 52
ELECTRONIC ORDER: Plaintiffs and Defendant Novotny shall file a Joint Report no later than September 18, 2017, detailing the status of this Case. Failure to file the Report will result in Dismissal without further notice. (Ordered by Judge Ed Kinkeade on 9/14/2017) (chmb) Modified on 9/14/2017 (chmb).
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Filing 51
ELECTRONIC ORDER: The Court's records reflect that this case was filed on July 17, 2015, and that Your Path Financial, LLC, was served on September 16, 2015. (Almost 2 Years to the date of this Order.) The Court will dismiss the action against Your Path Financial, LLC, without prejudice after September 18, 2017, unless Plaintiffs' counsel moves for default judgment. (Ordered by Judge Ed Kinkeade on 9/14/2017) (chmb)
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Filing 50
JUDGMENT: It is ORDERED, ADJUDGED AND DECREED that the claims against Mony Life Insurance Company of America are DISMISSED. (Ordered by Judge Ed Kinkeade on 9/13/2017) (mcrd)
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Filing 49
Order Accepting #48 Findings and Recommendations of the United States Magistrate Judge on Case re: #43 Renewed Motion to Dismiss filed by Mony Life Insurance Company of America. Defendant's Renewed Motion to Dismiss is GRANTED and the claims against Mony Life Insurance Company of America are DISMISSED. (Ordered by Judge Ed Kinkeade on 9/13/2017) (mcrd)
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Filing 48
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. This case has been referred to United States Magistrate Judge Paul D. Stickney. Before the Court is Renewed Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(2) or Motion to Transfer Pursuant to 28 U.S.C. 1404(a) and/or 1406(a) [ECF No. 43] ("Renewed Motion to Dismiss") filed by MONY Life Insurance Company of America ("Defendant"). The undersigned respectfully recommends that the District Court GRANT Defendant's Renewed Motion to Dismiss [ECF No. 43] and dismiss Plaintiffs' claims against Defendant without prejudice. (see order)(dist crd) (Ordered by Magistrate Judge Paul D Stickney on 8/22/2017) (mcrd) Modified on 8/23/2017 (mcrd).
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| Filing 47 Supplemental Document by Mony Life Insurance Company of America as to #43 MOTION Renew re #28 MOTION to Dismiss and/or MOTION to Transfer Case out of District/Division Pursuant to 28 USC 1404(a) and/or 1406(a), #29 Brief/Memorandum in Support of Motion, #30 Appendix in Support Notice of Supplemental Supreme Court Authority Supporting MLOA's Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(B)(2). (Attachments: #1 Exhibit(s) 1) (Garcia, Sona) |
| Filing 46 REPLY filed by Mony Life Insurance Company of America re: #43 MOTION Renew re #28 MOTION to Dismiss and/or MOTION to Transfer Case out of District/Division Pursuant to 28 USC 1404(a) and/or 1406(a), #29 Brief/Memorandum in Support of Motion, #30 Appendix in Support (Garcia, Sona) |
| Filing 45 Appendix in Support filed by Ross Klein, Klein Enterprises Inc, Klein Metals Inc re #44 Response/Objection, (Attachments: #1 Exhibit(s) Part 1, #2 Exhibit(s) Part 2) (Azano, Jon) |
| Filing 44 RESPONSE filed by Ross Klein, Klein Enterprises Inc, Klein Metals Inc re: #43 MOTION Renew re #28 MOTION to Dismiss and/or MOTION to Transfer Case out of District/Division Pursuant to 28 USC 1404(a) and/or 1406(a), #29 Brief/Memorandum in Support of Motion, #30 Appendix in Support (Azano, Jon) |
| Filing 43 MOTION Renew re #28 MOTION to Dismiss and/or MOTION to Transfer Case out of District/Division Pursuant to 28 USC 1404(a) and/or 1406(a), #29 Brief/Memorandum in Support of Motion, #30 Appendix in Support filed by Mony Life Insurance Company of America (Attachments: #1 Exhibit(s) A and B) (Garcia, Sona) |
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Filing 42
ORDER granting #32 Motion for Leave to Issue Jurisdictional Discovery ; granting #40 Motion to Stay Discovery and Suspend Scheduling Deadlines ; denying without prejudice #28 Motion to Dismiss. (Ordered by Magistrate Judge Paul D Stickney on 11/15/2016) (mem)
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| Filing 41 Brief/Memorandum in Support filed by Mony Life Insurance Company of America re #40 MOTION to Stay re #39 Scheduling Order, #28 MOTION to Dismiss and/or MOTION to Transfer Case out of District/Division Pursuant to 28 USC 1404(a) and/or 1406(a) (Garcia, Sona) |
| Filing 40 MOTION to Stay re #39 Scheduling Order, #28 MOTION to Dismiss and/or MOTION to Transfer Case out of District/Division Pursuant to 28 USC 1404(a) and/or 1406(a) filed by Mony Life Insurance Company of America (Garcia, Sona) |
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Filing 39
PRETRIAL SCHEDULING ORDER: Amended Pleadings due by 10/7/2016. Discovery due by 11/18/2016. Joinder of Parties due by 10/7/2016. Dispositive Motions due by 1/18/2017. (Ordered by Magistrate Judge Paul D. Stickney on 5/19/2016) (mhk)
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| Case and Motions Referred to Magistrate Judge Paul D Stickney per SO 3-251. (sss) Modified to correct SO number on 5/3/2016 (bdb). |
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Filing 38
Special Order No. 3-304. Case reassigned to Judge Ed Kinkeade for all further proceedings. Judge Jorge A Solis no longer assigned to case. (Ordered by Chief Judge Jorge A Solis on 4/27/2016) (sss)
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| Filing 37 Appendix in Support filed by Mony Life Insurance Company of America re #36 Reply, Corrected (Garcia, Sona) |
| Filing 36 REPLY filed by Mony Life Insurance Company of America re: #28 MOTION to Dismiss and/or MOTION to Transfer Case out of District/Division Pursuant to 28 USC 1404(a) and/or 1406(a) (Attachments: #1 Supplemental Appendix Cover, #2 Supplemental Appendix) (Garcia, Sona) |
| Filing 35 STIPULATION OF DISMISSAL with Prejudice by Fifth Third Bank, Ross Klein, Klein Enterprises Inc, Klein Metals Inc. (Vitullo, Anthony) |
| Filing 34 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Ross Klein, Klein Enterprises Inc, Klein Metals Inc. (Malesovas, John) |
| MOTION for Leave to Issue Jurisdictional Discovery filed by Ross Klein, Klein Enterprises Inc, Klein Metals Inc. See doc #32 for image. (bdb) |
| Filing 33 Appendix in Support filed by Ross Klein, Klein Enterprises Inc, Klein Metals Inc re #32 Response/Objection, (Attachments: #1 Exhibit(s) Exs part 1, #2 Exhibit(s) Exs part 2) (Vitullo, Anthony) |
| Filing 32 RESPONSE filed by Ross Klein, Klein Enterprises Inc, Klein Metals Inc re: #28 MOTION to Dismiss and/or MOTION to Transfer Case out of District/Division Pursuant to 28 USC 1404(a) and/or 1406(a) (Vitullo, Anthony) |
| Filing 31 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Mony Life Insurance Company of America. (Garcia, Sona) |
| Filing 30 Appendix in Support filed by Mony Life Insurance Company of America re #29 Brief/Memorandum in Support of Motion, (Garcia, Sona) |
| Filing 29 Brief/Memorandum in Support filed by Mony Life Insurance Company of America re #28 MOTION to Dismiss and/or MOTION to Transfer Case out of District/Division Pursuant to 28 USC 1404(a) and/or 1406(a) (Garcia, Sona) |
| Filing 28 MOTION to Dismiss and/or, MOTION to Transfer Case out of District/Division Pursuant to 28 USC 1404(a) and/or 1406(a) () filed by Mony Life Insurance Company of America with Brief/Memorandum in Support. (Garcia, Sona) |
| Filing 27 Proposal for contents of scheduling and discovery order Joint Proposal for Contents of Scheduling and Discovery Order by Ross Klein, Klein Enterprises Inc, Klein Metals Inc, Mony Life Insurance Company of America, Kathleen Novotny, Your Path Financial LLC. (Malesovas, John) |
| Filing 26 RESPONSE filed by Kathleen Novotny re: #25 Order for Scheduling Order Proposal. (sss) |
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Filing 25
Order Requiring Attorney Conference and Proposal for Contents of Scheduling and Discovery Order: Proposed Scheduling Order due by 3/4/2016. (Ordered by Chief Judge Jorge A Solis on 2/3/2016) (chmb)
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Filing 24
ORDER denying #12 Motion to Remand. See Order for additional details. (Ordered by Chief Judge Jorge A Solis on 2/3/2016) (chmb)
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Filing 23
ELECTRONIC ORDER Granting #21 Application for Admission Pro Hac Vice of Brittany E. Kirk. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Chief Judge Jorge A Solis on 12/14/2015) (chmb)
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Filing 22
ELECTRONIC ORDER Granting #20 Application for Admission Pro Hac Vice of Timothy L. Binetti. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Chief Judge Jorge A Solis on 12/14/2015) (chmb)
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| Filing 21 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Brittany E. Kirk (Filing fee $25; Receipt number 0539-7243641) filed by Fifth Third Bank (Kratovil, Christopher) |
| Filing 20 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Timothy L. Binetti (Filing fee $25; Receipt number 0539-7243513) filed by Fifth Third Bank (Kratovil, Christopher) |
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Filing 19
ELECTRONIC ORDER Granting #18 Application for Admission Pro Hac Vice of Jacob C. Cohn. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Chief Judge Jorge A Solis on 11/20/2015) (chmb)
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| Filing 18 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-7201810) filed by Mony Life Insurance Company of America (Attachments: #1 Proposed Order, #2 Additional Page(s)) (Cohn, Jacob) |
| Filing 17 Joinder in Defendant Fifth Third Bank's Opposition to #12 Motion to Remand filed by Mony Life Insurance Company of America (Garcia, Sona) Modified on 10/8/2015 (ran). Modified event text on 10/9/2015 (axm). |
| Filing 16 RESPONSE AND OBJECTION filed by Fifth Third Bank re: #12 MOTION to Remand to State Court (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Exhibit(s), #7 Exhibit(s), #8 Exhibit(s)) (Kratovil, Christopher) |
| Filing 15 SUMMONS Returned Executed as to Your Path Financial LLC; served on 9/16/2015. (Vitullo, Anthony) |
| Filing 14 SUMMONS Returned Executed as to Kathleen Novotny; served on 9/16/2015. (Vitullo, Anthony) |
| Filing 13 ADDITIONAL ATTACHMENTS to #2 Amended Document by Defendant Fifth Third Bank. (Kratovil, Christopher) |
| Filing 12 MOTION to Remand to State Court filed by Ross Klein, Klein Enterprises Inc, Klein Metals Inc with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) EX A, #2 Exhibit(s) EX B, #3 Exhibit(s) EX C) (Vitullo, Anthony) |
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Filing 11
ELECTRONIC ORDER granting #10 Motion to Extend Time. Defendants' deadline to answer or otherwise respond to this lawsuit is STAYED pending resolution of Plaintiffs' anticipated motion to remand. (Ordered by Chief Judge Jorge A Solis on 9/16/2015) (chmb)
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| Filing 10 Unopposed MOTION to Extend Time for Responsive Pleadings Pending Briefing of Remand Motion filed by Fifth Third Bank (Kratovil, Christopher) |
| Filing 9 NOTICE of Attorney Appearance by Keith C Cramer on behalf of Mony Life Insurance Company of America. (Filer confirms contact info in ECF is current.) (Cramer, Keith) |
| Filing 8 Summons Issued as to Kathleen Novotny, Your Path Financial LLC. (jrr) |
| Filing 7 Request for Clerk to issue Summons filed by Ross Klein, Klein Enterprises Inc, Klein Metals Inc. (Vitullo, Anthony) |
| Filing 6 Request for Clerk to issue Summons filed by Ross Klein, Klein Enterprises Inc, Klein Metals Inc. (Vitullo, Anthony) |
| Filing 5 NOTICE of Attorney Appearance by Sona J Garcia on behalf of Mony Life Insurance Company of America. (Filer confirms contact info in ECF is current.) (Garcia, Sona) |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Fifth Third Bank. (Kratovil, Christopher) |
| Filing 3 New Case Notes: A filing fee has been paid. File to Judge Solis. 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. (jrr) |
| Filing 2 AMENDED NOTICE OF REMOVAL by Fifth Third Bank. Amendment to #1 Notice of Removal. . (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s)) (Kratovil, Christopher) |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND from the 298th District Court, Dallas County, case number DC-15-09578 filed by Fifth Third Bank. (Filing fee $400; receipt number 0539-7036026) 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 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. (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Cover Sheet, #5 Cover Sheet Supplement) (Kratovil, Christopher) Modified jury and state court information on 9/3/2015 (jrr). |
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