Cunningham v. Nationwide Security Solutions Inc et al
| Cunningham and Craig Cunningham |
| Nationwide Security Solutions Inc, Mairin Anne Moore, Nortek Security & Control LLC, Micah Davis, Mairin Anne Moore-Cane, Techforce National LLC and Jason Cane |
| 3:2017cv00337 |
| February 4, 2017 |
| US District Court for the Northern District of Texas |
| Dallas Office |
| Dallas |
| David L Horan |
| Barbara MG Lynn |
| Karen Gren Scholer |
| Other Statutes: Other Statutory Actions |
| 47 U.S.C. § 227 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 12, 2019. A more recent docket listing may be available from PACER.
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Filing 138
ORDER granting #135 Motion to Dismiss. This case is DISMISSED with prejudice. (Ordered by Judge Karen Gren Scholer on 4/12/2019) (zkc)
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| Filing 137 RESPONSE filed by Nationwide Security Solutions Inc re: #135 MOTION to Dismiss (Tadlock, Matthew) |
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Filing 136
ORDER REQUIRING RESPONSE AS TO VOLUNTARY DISMISSAL: The Court ORDERS Nationwide Security Solutions, Inc. to, by April 4, 2019, file a response to Plaintiff's motion [Dkt. No. #135 ], or, alternatively, a stipulation of dismissal in compliance with Federal Rule of Civil Procedure 41(a)(1)(A)(ii). (Ordered by Magistrate Judge David L. Horan on 3/28/2019) (mcrd)
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| Filing 135 MOTION to Dismiss with Prejudice filed by Craig Cunningham (Attachments: #1 Proposed Order) (ykp) |
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Filing 134
ORDER: The parties have announced that this case has been resolved. Any trial setting and scheduling order are vacated. The parties have 60 days to file dismissal papers. If the parties do not file dismissal papers within 60 days, the Court will dismiss this case without prejudice without further notice. (Ordered by Judge Karen Gren Scholer on 1/30/2019) (zkc)
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| Filing 133 ELECTRONIC Minute Entry for proceedings held before Magistrate Judge Irma Carrillo Ramirez: Settlement Conference held on 1/25/2019. Settled. Parties to file settlement documents within 60 days. Attorney Appearances: Plaintiff - Craig Cunningham, Pro Se Plaintiff; Defense - Matthew Tadlock; Jason Cane, Representative for Defendant (Court Reporter: Not Recorded) (No exhibits) Time in Court - 4:30. (chmb) |
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Filing 132
ORDER: Settlement Conference set for 1/25/2019 01:30 PM before Magistrate Judge Irma Carrillo Ramirez. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 12/27/2018) (mcrd)
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Filing 131
ELECTRONIC ORDER extending the deadline for the settlement conference with United States Irma Carrillo Ramirez to take place to January 25, 2019. (Ordered by Magistrate Judge David L. Horan on 12/5/2018.)
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Filing 130
ORDER: Settlement Conference set for 12/5/2018 01:30 PM before Magistrate Judge Irma Carrillo Ramirez. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 11/14/2018) (mcrd)
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Filing 129
ORDER REFERRING CASE FOR SETTLEMENT CONFERENCE:This matter is REFERRED to United States Irma Carrillo Ramirez for a settlement conference. The parties are DIRECTED to coordinate with Judge Ramirez's chambers to schedule a settlement conference on a mutually agreeable date no later than December 31, 2018. (Ordered by Magistrate Judge David L. Horan on 11/7/2018) (mcrd)
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| Filing 128 ELECTRONIC Minute Entry for proceedings held before Magistrate Judge David L. Horan: Telephone Status Conference held on 11/7/2018. Order to enter. Attorney Appearances: Plaintiff - Craig Cunningham (pro se); Defense - Matthew S Tadlock. (Court Reporter: Digital File) (No exhibits) Time in Court - :11. (mcrd) |
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Filing 127
AMENDED ELECTRONIC ORDER (NEW TIME ONLY): The Court will conduct a telephonic status conference on November 7, 2018 at 10:00 a.m. Central Time before Magistrate Judge David L. Horan. Defendant Nationwide Security Solutions, Inc.'s counsel and Plaintiff Craig Cunningham must personally participate and must each contact Shakira Todd (214-753-2165) no later than November 5, 2018 to confirm their participation. (Ordered by Magistrate Judge David L. Horan on 10/30/2018.)
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Filing 126
AMENDED ELECTRONIC ORDER: The Court will conduct a telephonic status conference on November 7, 2018 at 11:00 a.m. before Magistrate Judge David L. Horan. Defendant Nationwide Security Solutions, Inc.'s counsel and Plaintiff Craig Cunningham must personally participate and must each contact Shakira Todd (214-753-2165) no later than November 5, 2018 to confirm their participation. (Ordered by Magistrate Judge David L. Horan on 10/18/2018.)
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Filing 125
ELECTRONIC ORDER: The Court will conduct a telephonic status conference on November 7, 2018 at 11:00 a.m. before Magistrate Judge David L. Horan. Defendant Nationwide Security Solutions, Inc.'s and Plaintiff Craig Cunningham must personally participate and must each contact Shakira Todd (214-753-2165) no later than November 5, 2018 to confirm their participation. (Ordered by Magistrate Judge David L. Horan on 10/18/2018.)
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Filing 124
ORDER ACCEPTING #119 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. The Court hereby DISMISSES this action without prejudice under Federal Rules of Civil Procedure 4(m) and 41(b) as to Defendants Jason Cane and Mairin Anne Moore (a/k/a Mairin Cane). (Ordered by Judge Karen Gren Scholer on 10/16/2018) (aaa)
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Filing 123
ELECTRONIC ORDER: The Court orders all unexpired deadlines set by the January 18, 2018 Amended Scheduling Order [ECF No. 81] vacated, including the trial setting and related pretrial materials filing deadlines. This order does not affect the deadlines set by the Magistrate Judge, including the Order Granting in Part and Denying in Part Plaintiff's Motion for Alternative Service and Extension of Time for Discovery [ECF No. 111]. (Ordered by Judge Karen Gren Scholer on 10/12/2018) (chmb)
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Filing 122
ORDER ACCEPTING #119 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNTIED STATES MAGISTRATE JUDGE: The Court hereby DENIES Defendant Nationwide's First Motion to Dismiss Second Amended Complaint, Alternatively, Motion to Strike Amended Complaint [Dkt. No. #101 ] and GRANTS Defendant Micah Davis's Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(2), (b)(6) and Joinder in Nationwide's Motion to Dismiss for Improper Venue [Dkt. No. #112 ]. Plaintiff Craig Cunningham's claims against Defendant Micah Davis are DISMISSED without prejudice to Plaintiff's right to renew his claims by filing a complaint that complies with Federal Rule of Civil Procedure 8 in a jurisdiction where personal jurisdiction over Defendant Micah Davis could be obtained. (Ordered by Judge Karen Gren Scholer on 9/24/2018) (axm)
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Filing 121
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE on Case re: #1 Complaint. The Court should dismiss this action without prejudice under Federal Rules of Civil Procedure 4(m) and 41(b) as to Defendants Jason Cane and Mairin Anne Moore (a/k/a Mairin Cane). But, if Mr. Cunningham complies with the Court's 8/31/2018 order by filing a valid return of service as to these defendants or showing good cause in writing in a filing with the Court why service cannot be made before the deadline for filing objections, as explained below, the undersigned will withdraw the findings, conclusions, and recommendation and take further appropriate action as to these defendants. (Ordered by Magistrate Judge David L. Horan on 9/21/2018) (epm)
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Filing 120
ORDER: By no later than September 14, 2018, Mr. Cunningham must file a valid return of service as to Defendants Jason Cane and Mairin Cane or show good cause in writing in a filing with the Court why service cannot be made, or Mr. Cunningham's action will be subject to dismissal without prejudice as to Defendant Jason Cane and Mairin Cane without further notice. (Ordered by Magistrate Judge David L. Horan on 8/31/2018) (chmb)
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Filing 119
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Court should deny Defendant Nationwide's First Motion to Dismiss Second Amended Complaint, Alternatively, Motion to Strike Second Amended Complaint [Dkt. No. #101 ] and should grant Defendant Micah Davis's Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(2), (b)(6) and Joinder in Nationwide's Motion to Dismiss for Improper Venue [Dkt. No. #112 ]. Plaintiff Craig Cunningham's claims against Defendant Micah Davis should be dismissed without prejudice to Plaintiff's right to renew his claims by filing a complaint that complies with Federal Rule of Civil Procedure 8 in a jurisdiction where personal jurisdiction over Defendant Micah Davis could be obtained. (Ordered by Magistrate Judge David L. Horan on 8/31/2018) (chmb)
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| Filing 118 REPLY filed by Micah Davis re: #112 MOTION to Dismiss and Joinder in Nationwide's Motion to Dismiss for Improper Venue (Simmons, Christopher) |
| Filing 117 (Document Restricted) Sealed Certificate of Service filed by Craig Cunningham. (sss) |
| Filing 116 RESPONSE in Opposition re: #112 MOTION to Dismiss and Joinder in Nationwide's Motion to Dismiss for Improper Venue filed by Craig Cunningham. (sss) |
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Filing 115
ELECTRONIC ORDER: Defendant Micah Davis has filed a Motion to Dismiss and Joinder in Nationwide's Motion to Dismiss for Improper Venue #112 . Plaintiff Craig Cunningham must file a written response to the motion by Monday, August 6, 2018. Defendant Davis may file a reply brief, but no additional evidence, by Tuesday, August 21, 2018. No supplemental pleadings, briefs, or evidence or other documents may be filed in connection with the motion or response thereto without leave of court. Please note that deadlines in this order are for filing or delivery and are not mailing dates. (Ordered by Magistrate Judge David L. Horan on 7/9/2018) (chmb)
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| Filing 114 Appendix in Support filed by Micah Davis re #112 MOTION to Dismiss and Joinder in Nationwide's Motion to Dismiss for Improper Venue (Higdon, Stephen) |
| Filing 113 Brief/Memorandum in Support filed by Micah Davis re #112 MOTION to Dismiss and Joinder in Nationwide's Motion to Dismiss for Improper Venue (Higdon, Stephen) |
| Filing 112 MOTION to Dismiss and Joinder in Nationwide's Motion to Dismiss for Improper Venue filed by Micah Davis (Higdon, Stephen) |
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Filing 111
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR ALTERNATIVE SERVICE AND EXTENSION OF TIME FOR DISCOVERY. Plaintiff Craig Cunningham's Motion for Alternative Service and for Extension of Time for Discovery [Dkt. No. #108 ] is granted in part and denied in part. The Court grants Mr. Cunningham until July 30, 2018 to serve Defendants in accordance with the Federal Rules; denies Mr. Cunningham's request for alternative service without prejudice; and extends the discovery deadline 95 days to November 1, 2018. (Ordered by Magistrate Judge David L. Horan on 6/29/2018) (mcrd)
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Filing 110
ORDER TERMINATING DEFENDANT'S THIRD MOTION TO DISMISS: The Court now determines that the Third Motion to Dismiss First Amended Complaint [Dkt. No. #82 ] should be terminated as superseded by the First Motion to Dismiss Second Amended Complaint, Alternatively, Motion to Strike Second Amended Complaint [Dkt. No. #101 ], which is directed specifically to the now-live complaint, the Second Amended Complaint. (Ordered by Judge Karen Gren Scholer on 6/22/2018) (aaa)
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| Filing 109 SUMMONS Returned Executed as to Micah Davis, served on 5/30/2018; Nationwide Security Solutions Inc, served on 5/11/2018. (sss) |
| Filing 108 MOTION for Alternative Service and Extension of Time for Discovery filed by Craig Cunningham. (sss) |
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Filing 107
ORDER granting #106 Motion for Extension of Time to File Answer. Micah Davis answer due 7/5/2018. (Ordered by Magistrate Judge David L. Horan on 6/14/2018) (chmb)
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| Filing 106 Agreed STIPULATION and Motion to Extend Time for Defendant Micah Davis to Answer or Otherwise Respond to Plaintiff's Complaint by Micah Davis, Craig Cunningham. (Attachments: #1 Proposed Order) (Simmons, Christopher) Modified text and filers on 6/14/2018 (mcrd). |
| Filing 105 RESPONSE filed by Craig Cunningham re: #101 First MOTION to Dismiss Second Amended Complaint (ykp) |
| Filing 104 PLAINTIFF'S CORRECTED SECOND AMENDED COMPLAINT against Jason Cane, Micah Davis, Mairin Anne Moore, Nationwide Security Solutions Inc filed by Craig Cunningham. 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. (aaa) |
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Filing 103
ELECTRONIC ORDER: Defendant Nationwide Security Solutions, Inc. has filed a First Motion to Dismiss Second Amended Complaint, Alternatively, Motion to Strike Second Amended Complaint #101 . Plaintiff Craig Cunningham must file a written response to the motion by Wednesday, May 9, 2018. Defendant Nationwide may file a reply brief, but no additional evidence, by Wednesday, May 23, 2018. No supplemental pleadings, briefs, or evidence or other documents may be filed in connection with the motion or response thereto without leave of court. Please note that deadlines in this order are for filing or delivery and are not mailing dates. (Ordered by Magistrate Judge David L. Horan on 4/19/2018) (chmb)
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| Filing 102 Brief/Memorandum in Support filed by Nationwide Security Solutions Inc re #101 First MOTION to Dismiss Second Amended Complaint (Tadlock, Matthew) |
| Filing 101 First MOTION to Dismiss Second Amended Complaint filed by Nationwide Security Solutions Inc (Attachments: #1 Exhibit(s) Affidavit of Jason Cane, #2 Exhibit(s) Affidavit of John Arroyave, #3 Proposed Order Proposed Order on Nationwide's First Motion to Dismiss Second Amended Complaint) (Tadlock, Matthew) |
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Filing 100
ORDER GRANTING PLAINTIFF'S MOTION FOR SEVEN SUBPOENAS: Plaintiff Craig Cunningham's Motion for Seven Subpoenas [Dkt. No. #88 ] is GRANTED, and the Clerk of Court is DIRECTED to provide Mr. Cunningham with the requested number (7) of subpoena forms, blank and signed. Mr. Cunningham must then complete and serve the forms in compliance with the applicable Federal Rules. (Ordered by Magistrate Judge David L. Horan on 4/6/2018) (chmb) (Main Document 100 replaced on 4/6/2018) (mcrd). Modified on 4/6/2018 (mcrd).
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Filing 99
ORDER REGARDING #97 DEFENDANT'S STATUS REPORT ON ITS THIRD MOTION TO DISMISS FIRST AMENDED COMPLAINT: The Court accordingly ORDERS Defendant Nationwide Security Solutions, Inc. to answer or otherwise respond to Plaintiff Craig Cunningham's Second Amended Complaint [Dkt. No. #96 ] by Wednesday, April 18, 2018. (Ordered by Magistrate Judge David L. Horan on 4/4/2018) (chmb) Modified on 4/4/2018 (mcrd).
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| Filing 98 Summons Reissued as to Jason Cane, Micah Davis, Mairin Anne Moore, Nationwide Security Solutions Inc. (ykp) |
| Filing 97 STATUS REPORT on Defendant's Third Motion to Dismiss filed by Nationwide Security Solutions Inc. (Tadlock, Matthew) |
| Filing 96 PLAINTIFF'S SECOND AMENDED COMPLAINT against Nationwide Security Solutions Inc, Jason Cane, Micah Davis and Mairin Anne Moore filed by Craig Cunningham. 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. (ran) Modified text on 3/22/2018 (mcrd). |
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Filing 95
ORDER granting #89 Motion for Leave to File Second Amended Complaint. The Court further advises Mr. Cunningham that if proper service is not made within 90 days from the date of this order entering his Second Amended Complaint (that is, 6/20/2018) this case is subject to dismissal without prejudice unless Mr. Cunningham shows good cause for his failure to timely and properly effect service and for the Court to extend the time for service for an appropriate period. Nationwide Security Solutions Inc is ORDERED to, by 3/29/2018, file a report advising the Court of the status of its still-pending Third Motion to Dismiss (Dkt. No. #82 ), which was directed to Mr. Cunningham's now-superseded First Amended Complaint. (Ordered by Magistrate Judge David L. Horan on 3/22/2018) (ran)
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Filing 94
ELECTRONIC ORDER denying at MOOT #93 Motion Motion for Telephonic Appearance filed by Plaintiff. The Court's Status Conference has been cancelled. (Ordered by Judge Karen Gren Scholer on 3/20/2018) (mcrd)
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| Clerk's Notice: This case is referred under Special Order 3 to U.S. Magistrate Judge David L. Horan. The Status Conference set for 3/23/2018 at 3:00 PM is cancelled. (ctf) |
| Filing 93 MOTION for Leave to Appear by Telephone filed by Craig Cunningham. (rekc) |
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Filing 92
ORDER SETTING STATUS CONFERENCE AFTER CASE TRANSFER: This case has been transferred to this Court. To facilitate case management, the Court hereby sets this case for status conference on Friday, 3/23/2018, at 3:00 p.m. at the United States District Court, 1100 Commerce Street, Courtroom 1632, Dallas, Texas 75242. (Ordered by Judge Karen Gren Scholer on 3/16/2018) (sss)
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Filing 91
ORDER REASSIGNING CASE. Case reassigned to Judge Karen Gren Scholer for all further proceedings per Special Order 3-318. (Ordered by Chief Judge Barbara M.G. Lynn on 3/8/2018) (chmb)
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Filing 90
ORDER: The #46 Clerk's Entry of Default against Defendant Nationwide Security Solutions, Inc. is VACATED. (Ordered by Chief Judge Barbara M.G. Lynn on 3/8/2018) (ran)
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| Filing 89 MOTION for Leave to File Second Amended Complaint filed by Craig Cunningham. (Attachments: #1 Proposed Second Amended Complaint) (zkc) |
| Filing 88 MOTION for 7 subpoenas filed by Craig Cunningham. (zkc) |
| Filing 87 RESPONSE IN OPPOSITION filed by Craig Cunningham re: #82 Third MOTION to Dismiss. (zkc) |
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Filing 86
ORDER granting #85 Motion to Extend Time to File Response/Reply. The deadline for Plaintiff to respond to Defendant's Motion to Dismiss is extended up to and including 2/27/2018. (Ordered by Chief Judge Barbara M.G. Lynn on 2/8/2018) (ykp)
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| Filing 85 MOTION for Extension of Time to File Response/Reply to #82 Third MOTION to Dismiss filed by Craig Cunningham. (Attachments: #1 Proposed Order) (ykp) |
| Filing 84 CORRECTED NOTICE of Change of Address for Pro Se litigant Craig Cunningham. New address: 3000 Custer Road, Ste 270-206, Plano, TX 75075. (zkc) |
| Filing 83 Brief/Memorandum in Support filed by Nationwide Security Solutions Inc re #82 Third MOTION to Dismiss (Tadlock, Matthew) |
| Filing 82 ***TERMINATED PER #110 ORDER*** Third MOTION to Dismiss filed by Nationwide Security Solutions Inc with Brief/Memorandum in Support. (Attachments: #1 Affidavit(s) Affidavit of Jason Cane, #2 Affidavit(s) Affidavit of John Arroyave, #3 Proposed Order Proposed Order) (Tadlock, Matthew) Modified on 6/22/2018 (aaa). |
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Filing 81
***VACATED PER #134 ORDER*** AMENDED SCHEDULING ORDER: Jury Trial set for three-week docket beginning 11/7/2018 09:00 AM before Chief Judge Barbara M.G. Lynn. Joinder of Parties due by 2/28/2018. Amended Pleadings due by 2/28/2018. Motions due by 7/29/2018. Fact and Expert Discovery due by 7/29/2018. Settlement Status Report due by 2/28/2018. Pretrial Order due by 10/17/2018. Pretrial Materials due by 10/17/2018. Pretrial Conference set for 11/2/2018 09:00 AM before Chief Judge Barbara M.G. Lynn. (Ordered by Chief Judge Barbara M.G. Lynn on 1/18/2018) (axm) Modified on 1/30/2019 (zkc).
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Filing 80
ORDER granting #75 Agreed Motion to Amend Scheduling Order, to Vacate All Pending Court Dates, and Allow Plaintiffs Attorney to Withdraw. Aaron Mulvey is withdrawn as counsel of record for Plaintiff. The deadline for Defendant to answer or otherwise respond to Plaintiff's Amended Petition is extended up to and including 1/27/2018. The Court's 8/21/2017, Scheduling Order is VACATED. The parties also agree that this motion resolves all currently pending motions in this case. Accordingly, Plaintiff's Motion for Judgment on the Pleadings [ECF No. #43 ], Plaintiff's Motions for Default Judgment [ECF Nos. #44 , #51 , #63 ], Plaintiff's Motion to Compel Discovery [ECF No. #45 ], Plaintiff's Motion to Modify Scheduling Order [ECF No. #51 ], Defendant's Motion to Dismiss [ECF No. #58 ], and Defendant's Motion for Leave to File Late Answer [ECF No. #67 ] are DENIED as moot. (Ordered by Chief Judge Barbara M.G. Lynn on 1/18/2018) (axm)
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Filing 79
ELECTRONIC ORDER: In light of the filing of Plaintiff Craig Cunningham and Defendant Nationwide Security Solutions, Inc.'s Agreed Motion to Amend Scheduling Order, to Vacate All Pending Court Dates, and Allow Plaintiff's Attorney to Withdraw #75 , the Court CANCELS the hearing on Plaintiff's Motion for Sanctions and Motion to Compel Discovery #45 set for 1:30 p.m. on January 19, 2018 in Courtroom 1561, 1100 Commerce Street, Dallas, Texas 75242 before Magistrate Judge David L. Horan. (Ordered by Magistrate Judge David L. Horan on 1/18/2018.)
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| Filing 78 ADDITIONAL ATTACHMENTS to #77 Order, #76 Affidavit, #75 Motion to Amend/Correct, Motion to Vacate, Motion to Withdraw as Attorney, by Plaintiff Craig Cunningham. (Mulvey, Aaron) |
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Filing 77
ORDER: Before the Court is the Agreed Motion to Amend Scheduling Order, to Vacate All Pending Court Dates, and Allow Plaintiff's Attorney to Withdraw [ECF No. #75 ]. Plaintiff's counsel is directed to comply with Local Rule 83.12 as soon as practicable, but no later than 1/24/2018. (Ordered by Chief Judge Barbara M.G. Lynn on 1/17/2018) (sss)
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| Filing 76 AFFIDAVIT re #75 Agreed MOTION to Amend #37 Scheduling Order, to Vacate Pending Court Dates, MOTION to Withdraw as Attorney by Nationwide Security Solutions Inc. (Tadlock, Matthew) Modified text and linkage on 1/18/2018 (ala). |
| Filing 75 Agreed MOTION to Amend #37 Scheduling Order, to Vacate Pending Court Dates, MOTION to Withdraw as Attorney filed by Nationwide Security Solutions Inc. (Attachments: #1 Proposed Order) (Tadlock, Matthew) Modified text and linkage on 1/18/2018 (ala). |
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Filing 74
ELECTRONIC ORDER: The Court will hold a hearing on Plaintiff's Motion for Sanctions and Motion to Compel Discovery #45 at 1:30 p.m. on January 19, 2018 in Courtroom 1561, 1100 Commerce Street, Dallas, Texas 75242 before Magistrate Judge David L. Horan. Plaintiff's counsel, Plaintiff Craig Cunningham, Defendant Nationwide Security Solutions, Inc., and an authorized representative of Nationwide Security Solutions, Inc. must each personally attend the hearing. (Ordered by Magistrate Judge David L. Horan on 1/11/2018.)
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| Filing 73 RESPONSE filed by Craig Cunningham re: #64 Response/Objection, #45 MOTION to Compel Discovery (Attachments: #1 Affidavit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Exhibit(s), #7 Exhibit(s), #8 Exhibit(s), #9 Exhibit(s)) (Mulvey, Aaron) |
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Filing 72
ELECTRONIC ORDER granting #60 Plaintiff Craig Cunningham's Motion for Leave to Late File Declaration on Motion to Compel and for Sanctions. (Ordered by Magistrate Judge David L. Horan on 1/10/2018.)
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| Filing 71 ADDITIONAL ATTACHMENTS to #60 Motion for Leave to File, #45 Motion to Compel by Plaintiff Craig Cunningham. (Mulvey, Aaron) |
| Filing 70 Notice of Withdrawal re #62 MOTION to Withdraw #44 Combined Request for Clerks Entry of Default and MOTION for Default Judgment against Craig Cunningham filed by Craig Cunningham (Mulvey, Aaron) Docket text modified on 1/18/2018 (twd). |
| Filing 69 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Nationwide Security Solutions Inc. (Tadlock, Matthew) (Main Document 69 replaced on 1/8/2018) (awc). Modified - replaced image with flattened document on 1/8/2018 (awc). |
| Filing 68 ORIGINAL ANSWER to #14 Amended Complaint,, #15 Amended Complaint,, filed by Nationwide Security Solutions 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., ORIGINAL ANSWER to #14 Amended Complaint,, #15 Amended Complaint,, filed by Nationwide Security Solutions 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. (Tadlock, Matthew) |
| Filing 67 First MOTION for Leave to File Late Answer filed by Nationwide Security Solutions Inc (Attachments: #1 Affidavit(s) Affidavit of Matthew S. Tadlock, #2 Proposed Order Proposed Order) (Tadlock, Matthew) |
| Filing 66 Clerk's ENTRY OF DEFAULT as to Nationwide Security Solutions Inc. (ndt) |
| Filing 65 Request for Clerk to issue Clerks Entry of Default filed by Craig Cunningham. (Attachments: #1 Exhibit(s), #2 Proposed Order) (Mulvey, Aaron) |
| Filing 64 RESPONSE filed by Nationwide Security Solutions Inc re: #45 MOTION to Compel Discovery (Attachments: #1 Affidavit(s) Exhibit A - Affidavit of Jason Cane, #2 Affidavit(s) Exhibit B - Affidavit of Edwin Arroyave, #3 Affidavit(s) Exhibit C - Affidavit of Matthew S. Tadlock, #4 Exhibit(s) Exhibit D - E-mail Correspondence, #5 Proposed Order Proposed Order) (Tadlock, Matthew) |
| Filing 63 AMENDED MOTION for Default Judgment against Nationwide Security Solutions Inc filed by Craig Cunningham with Brief/Memorandum in Support. (Attachments: #1 Affidavit(s), #2 Additional Page(s), #3 Additional Page(s), #4 Proposed Order) (Mulvey, Aaron) Modified text on 1/3/2018 (sss). |
| Filing 62 Notice of Withdrawal re #44 Combined Request for Clerks Entry of Default and MOTION for Default Judgment against Craig Cunningham filed by Craig Cunningham (Mulvey, Aaron) Docket text modified on 1/18/2018 (twd). |
| Filing 61 Proposed AFFIDAVIT/Declaration re #60 MOTION for Leave to File Declaration in Support of Motion To Compel by Craig Cunningham. (Mulvey, Aaron) Modified on 1/10/2018 (ykp). |
| Filing 60 MOTION for Leave to File Declaration in Support of #45 Motion To Compel filed by Craig Cunningham with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Mulvey, Aaron) Modified text to link #45 per attorney request on 1/10/2018 (epm). |
| Filing 59 AFFIDAVIT re #45 MOTION to Compel Discovery by Craig Cunningham. (Mulvey, Aaron) |
| Filing 58 Second MOTION to Dismiss filed by Nationwide Security Solutions Inc (Attachments: #1 Affidavit(s) Affidavit of Jason Cane, #2 Affidavit(s) Affidavit of John Arroyave, #3 Proposed Order Proposed Order) (Tadlock, Matthew) |
| Filing 57 ADDITIONAL ATTACHMENTS (Certificate of conference) to #43 Motion for Judgment by Plaintiff Craig Cunningham. (Mulvey, Aaron) Enhanced text on 1/2/2018 (dsr). |
| Filing 56 Brief/Memorandum in Support filed by Craig Cunningham re #43 MOTION for Judgment On the Pleadings (Mulvey, Aaron) |
| Filing 55 ADDITIONAL ATTACHMENTS (Certificate of Conference) to #50 Motion for Default Judgment, #49 Motion for Default Judgment by Plaintiff Craig Cunningham. (Mulvey, Aaron) Enhanced text on 1/2/2018 (dsr). |
| Filing 54 Brief/Memorandum in Support filed by Craig Cunningham re #51 MOTION Modify Scheduling Order and/or Enter Default Judgment (Mulvey, Aaron) |
| Filing 53 Brief/Memorandum in Support filed by Craig Cunningham re #50 Amended MOTION for Default Judgment against Nationwide Security Solutions Inc (Mulvey, Aaron) |
| Filing 52 Notice of Withdrawal re #49 MOTION for Default Judgment against Nationwide Security Solutions Inc only docket entry #49 filed by Craig Cunningham (Mulvey, Aaron) Docket text modified on 1/18/2018 (twd). |
| Filing 51 MOTION Modify Scheduling Order and/or Enter Default Judgment filed by Craig Cunningham (Attachments: #1 Proposed Order) (Mulvey, Aaron) |
| Filing 50 Amended MOTION for Default Judgment against Nationwide Security Solutions Inc filed by Craig Cunningham (Attachments: #1 Affidavit(s), #2 Proposed Order) (Mulvey, Aaron) |
| Filing 49 MOTION for Default Judgment against Nationwide Security Solutions Inc filed by Craig Cunningham (Attachments: #1 Affidavit(s), #2 Proposed Order) (Mulvey, Aaron) |
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Filing 48
ELECTRONIC ORDER: Defendant Nationwide Security Solutions, Inc. must file a response to Plaintiff Craig Cunningham's Motion for Sanctions and Motion to Compel Discovery #45 by January 3, 2018, and Plaintiff must file a reply by January 10, 2018. (Ordered by Magistrate Judge David L. Horan on 12/22/2017.)
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Filing 47
ORDER OF REFERRAL re: #45 MOTION to Compel Discovery. The Motions are hereby REFERRED to Magistrate Judge David L. Horan for hearing, if necessary, and recommendation or determination. (Ordered by Chief Judge Barbara M.G. Lynn on 12/22/2017) (aaa)
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| Filing 46 ***VACATED PER #90 ORDER*** Clerk's ENTRY OF DEFAULT as to Nationwide Security Solutions Inc. (ams) Modified text on 3/8/2018 (ran). |
| Filing 45 MOTION to Compel Discovery filed by Craig Cunningham (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Proposed Order) (Mulvey, Aaron) |
| Filing 44 Combined Request for Clerks Entry of Default and MOTION for Default Judgment against Craig Cunningham filed by Craig Cunningham (Attachments: #1 Exhibit(s), #2 Proposed Order) (Mulvey, Aaron) |
| Filing 43 MOTION for Judgment On the Pleadings filed by Craig Cunningham (Mulvey, Aaron) |
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Filing 42
ORDER granting in part and denying in part #22 Motion to Dismiss for Failure to State a Claim. Because Plaintiff failed to sufficiently allege that Defendant lacked a permissible purpose, his FCRA claim is DISMISSED WITHOUT PREJUDICE. Plaintiff has leave to file an amended complaint within three weeks of this Order, correcting only that pleading deficiency. (Ordered by Chief Judge Barbara M.G. Lynn on 11/2/2017) (aaa)
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| Filing 41 SUMMONS Returned Executed as to Nationwide Security Solutions Inc ; served on 10/16/2017. (Attachments: #1 Exhibit(s)) (Mulvey, Aaron) |
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Filing 40
ORDER: Plaintiff is directed to comply with Local Rule 4.1 by 10/27/2017. Defendant may also file additional information pertinent to service of process by 10/27/2017. (Ordered by Chief Judge Barbara M.G. Lynn on 10/13/2017) (ran)
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| Filing 39 Agreed STIPULATION OF DISMISSAL by Craig Cunningham. (Attachments: #1 Proposed Order) (Mulvey, Aaron) |
| Filing 38 Agreed STIPULATION to respond to motion to dismiss by Craig Cunningham. (Mulvey, Aaron) |
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Filing 37
***VACATED PER #134 ORDER*** SCHEDULING ORDER: Jury Trial set for Court's three-week docket beginning 6/11/2018 at 9:00 AM before Chief Judge Barbara M.G. Lynn. Joinder of Parties due by 10/4/2017. Amended Pleadings due by 10/4/2017. Motions due by 1/29/2018. Discovery due by 12/30/2017. Status Report due by 12/4/2017. Pretrial Order due by 5/30/2018. Pretrial Materials due by 5/30/2018. Pretrial Conference set for 6/8/2018 at 9:00 AM before Chief Judge Barbara M.G. Lynn. (Ordered by Chief Judge Barbara M.G. Lynn on 8/21/2017) (aaa) (Additional attachment(s) added on 8/21/2017: #1 Additional Page(s) Jury Questionnaire) (aaa). Modified on 1/30/2019 (zkc).
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| Filing 36 Brief/Memorandum in Support filed by Techforce National LLC re #35 Motion to Dismiss for Failure to State a Claim (Augustine, Jason) |
| Filing 35 Motion to Dismiss for Failure to State a Claim filed by Techforce National LLC (Augustine, Jason) |
| Filing 34 SUMMONS Returned Executed as to Techforce National LLC; served on 6/19/2017. (ykp) |
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Filing 33
ORDER: Before the Court is Defendant Tech Force National LLC's Motion for Extension of Time to Answer the Complaint [ECF No. #32 ]. The Motion is GRANTED. The new deadline for Tech Force National LLC to answer or respond to the Complaint is 8/9/2017. (Ordered by Chief Judge Barbara M.G. Lynn on 7/13/2017) (sss)
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| Filing 32 Unopposed Motion for Extension of Time to File Answer filed by Techforce National LLC (Attachments: #1 Proposed Order)Attorney Jason R Augustine added to party Techforce National LLC(pty:dft) (Augustine, Jason) |
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Filing 31
ORDER granting #28 Motion to Dismiss. Party Nortek Security & Control LLC is DISMISSED with prejudice. Each party is to bear his or its own fees and costs. (Ordered by Chief Judge Barbara M.G. Lynn on 7/6/2017) (rekc)
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| Filing 30 RESPONSE filed by Craig Cunningham re: #22 Motion to Dismiss for Failure to State a Claim (Attachments: #1 Exhibit(s)) (Mulvey, Aaron) |
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Filing 29
ELECTRONIC ORDER GRANTING #27 Unopposed Motion to Extend Time to File Response/Reply. The deadline to respond to Defendant Nationwide Security Solutions, Inc.'s Motion to Dismiss #22 is July 1, 2017. (Ordered by Chief Judge Barbara M.G. Lynn on 6/20/2017) Modified on 6/20/2017 (gr).
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| Filing 28 MOTION to Dismiss against Nortek ONLY filed by Craig Cunningham (Attachments: #1 Proposed Order) (Mulvey, Aaron) |
| Filing 27 MOTION for Extension of Time to File Response/Reply to #22 Motion to Dismiss for Failure to State a Claim filed by Craig Cunningham (Attachments: #1 Proposed Order) (Mulvey, Aaron) |
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Filing 26
ELECTRONIC ORDER GRANTING #25 Unopposed Motion to Extend Time. The deadline to respond to Defendant Nortek Security & Control LLC's Motion to Dismiss [ECF No. 19] is June 26, 2017. (Ordered by Chief Judge Barbara M.G. Lynn on 6/15/2017) (chmb)
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| Filing 25 MOTION for Extension of Time to Respond to Defendants' Motions to Dismiss filed by Craig Cunningham. (Attachments: #1 Proposed Order) (Mulvey, Aaron) Modified text on 6/21/2017 (axm). |
| Filing 24 Proposal for contents of scheduling and discovery order Joint Report Regarding Contents of Scheduling Order by Nortek Security & Control LLC. (Howton, Skyler) |
| Filing 23 Brief/Memorandum in Support filed by Nationwide Security Solutions Inc re #15 Amended Complaint. (Tadlock, Matthew) |
| Filing 22 Motion to Dismiss for Failure to State a Claim filed by Nationwide Security Solutions Inc (Attachments: #1 Proposed Order Proposed Order) (Tadlock, Matthew) |
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Filing 21
ORDER: Defendant's #5 Motion to Dismiss is DENIED as moot. (Ordered by Chief Judge Barbara M.G. Lynn on 5/26/2017) (sss)
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| Filing 20 Brief/Memorandum in Support filed by Nortek Security & Control LLC re #19 Motion to Dismiss for Failure to State a Claim (Howton, Skyler) |
| Filing 19 Motion to Dismiss for Failure to State a Claim filed by Nortek Security & Control LLC (Howton, Skyler) |
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Filing 18
ELECTRONIC ORDER granting #9 Application for Admission Pro Hac Vice of Andrew C. Glass. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Chief Judge Barbara M.G. Lynn on 5/22/2017) (lag/chmb)
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Filing 17
ELECTRONIC ORDER granting #10 Application for Admission Pro Hac Vice of Gregory N. Blase. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Chief Judge Barbara M.G. Lynn on 5/22/2017) (lag/chmb)
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Filing 16
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER: Joint Proposed Scheduling Order due by 6/7/2017. (Ordered by Chief Judge Barbara M.G. Lynn on 5/16/2017) (Attachments: #1 Consent Letter, #2 Consent Form) (sss)
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| Filing 15 AMENDED COMPLAINT WITH JURY DEMAND (Corrected to add Certificate of Service) against All Defendants filed by Craig Cunningham. 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. (Mulvey, Aaron) |
| Filing 14 AMENDED COMPLAINT WITH JURY DEMAND against All Defendants filed by Craig Cunningham. 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. (Mulvey, Aaron) |
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Filing 13
ELECTRONIC ORDER granting #7 Application for Admission Pro Hac Vice of Micah Davis. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Chief Judge Barbara M.G. Lynn on 5/5/2017) (lag/chmb)
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Filing 12
ORDER granting #11 Motion for Extension of Time to File Answer. The deadline for Defendants to answer or otherwise respond to the Complaint is 5/31/2017. (Ordered by Chief Judge Barbara M.G. Lynn on 5/3/2017) (ran)
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| Filing 11 First Motion for Extension of Time to File Answer filed by Nationwide Security Solutions Inc (Attachments: #1 Additional Page(s) Certificate of Conference, #2 Additional Page(s) Certificate of Service, #3 Proposed Order Proposed Order) (Tadlock, Matthew) |
| Filing 10 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Gregory N. Blase (Filing fee $25; Receipt number 0539-8384659) filed by Nortek Security & Control LLC (Attachments: #1 Certificate of Good Standing, #2 Certificate of Good Standing, #3 Certificate of Good Standing, #4 Proposed Order) (Howton, Skyler) |
| Filing 9 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Andrew C. Glass (Filing fee $25; Receipt number 0539-8384656) filed by Nortek Security & Control LLC (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Howton, Skyler) |
| Filing 8 First Motion for Extension of Time to File Answer filed by Nationwide Security Solutions Inc Attorney Matthew S Tadlock added to party Nationwide Security Solutions Inc(pty:dft) (Tadlock, Matthew) |
| Filing 7 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-8366368) filed by Nationwide Security Solutions Inc Attorney Micah Davis added to party Nationwide Security Solutions Inc(pty:dft) (Davis, Micah) |
| Filing 6 Brief/Memorandum in Support filed by Nortek Security & Control LLC re #5 Motion to Dismiss for Failure to State a Claim (Howton, Skyler) |
| Filing 5 Motion to Dismiss for Failure to State a Claim filed by Nortek Security & Control LLC (Attachments: #1 Proposed Order)Attorney Skyler Michelle Howton added to party Nortek Security & Control LLC(pty:dft) (Howton, Skyler) |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Craig Cunningham. (Mulvey, Aaron) |
| Filing 3 Summons Issued as to Nationwide Security Solutions Inc, Nortek Security & Control LLC, Techforce National LLC. (epm) |
| Filing 2 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (epm) |
| Filing 1 COMPLAINT against Nationwide Security Solutions, Nortek Security & Control, Techforce National LLC filed by Craig Cunningham. (Filing fee $400; Receipt number 0539-8184644) 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) (Mulvey, Aaron) |
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