Rockett Special Utility District v. City of Red Oak Texas
Plaintiff: Rockett Special Utility District
Defendant: City of Red Oak Texas
Case Number: 3:2020cv01320
Filed: May 20, 2020
Court: US District Court for the Northern District of Texas
Presiding Judge: Ada Brown
Referring Judge: Brantley Starr
Nature of Suit: Other Statutes: Constitutionality of State Statutes
Cause of Action: 28 U.S.C. § 2201 Constitutionality of State Statute(s)
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on August 11, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 11, 2022 Opinion or Order Filing 79 CONSENT DECREE. (Ordered by Judge Ada Brown on 8/11/2022) (mla)
August 11, 2022 Filing 78 ELECTRONIC Minute Entry for proceedings held before Judge Ada Brown: Settlement Conference held on 8/11/2022. Consent Decree to be entered. Attorney Appearances: Plaintiff - Steven Massey Harris, Will Allensworth, Maria Huynh; Defense - Gabrielle Smith, Robert Hager. (Court Reporter: Nikki Barr) (No exhibits) Time in Court - :17. (chmb)
July 19, 2022 Opinion or Order Filing 77 ORDER PRELIMINARILY APPROVING SETTLEMENT AGREEMENT, SETTING FAIRNESS HEARING AND APPROVING NOTICE PROCEDURES: The Court shall conduct a virtual Fairness Hearing to allow interested parties an opportunity to object and/or express concerns about the Settlement Agreement on the 8/11/2022 at 2:00 P.M. (Ordered by Judge Ada Brown on 7/19/2022) (oyh)
June 15, 2022 Opinion or Order Filing 76 ELECTRONIC ORDER: On the Court's own motion, the fairness hearing set for June 16, 2022, at 10:30 a.m. is canceled and will be rescheduled on a future date. (Ordered by Judge Ada Brown on 6/15/2022) (chmb)
May 20, 2022 Filing 75 ELECTRONIC Notice of a Fairness Hearing via Zoom set for 6/16/2022 at 10:30 AM before Judge Ada Brown. (chmb)
May 16, 2022 Filing 74 MOTION Preliminary Approval of Consent Decree, Directing Notice to Affected Landowners and Scheduling Fairness Hearing filed by Rockett Special Utility District (Attachments: #1 Exhibit(s) Exhibit 1-Consent Decree, #2 Exhibit(s) Exhibit 2-Settlement Agreement, #3 Exhibit(s) Exh 2-1-Attachment 1-CCN Transfer, #4 Exhibit(s) Exh 2-2-Attachment 2-Dismissal of W.D. Case, #5 Exhibit(s) Exh 2-3-Dismissal of Appeal, #6 Exhibit(s) Exh 2-4-Consent Decree, #7 Exhibit(s) Exh 2-5-Water Rights Conveyance, #8 Exhibit(s) Exh 2-6-Rockett-Alamo Settlement Agreement, #9 Exhibit(s) Exh 2-7-Rockett-Compass Settlement, #10 Exhibit(s) Exh 2-8-Easement Map, #11 Exhibit(s) Exhibit 3-CCN Transfer Land, #12 Proposed Order) (Allensworth, Will)
March 10, 2022 Opinion or Order Filing 73 ORDER GRANTING #72 JOINT MOTION TO CONTINUE STAY. (Ordered by Judge Ada Brown on 3/10/2022) (mjr)
March 9, 2022 Filing 72 Joint MOTION to Stay re #70 Order on Motion to Continue,,, Order on Motion to Stay,, filed by Rockett Special Utility District (Attachments: #1 Proposed Order) (Allensworth, Will)
January 13, 2022 Opinion or Order Filing 71 ORDER: In light of the parties' ongoing efforts to finalize a settlement agreement, the Court denies the following motions without prejudice to refiling if the settlement is not consummated: (1) Defendant's Motion to Transfer, or in the Alternative, Motion to Abate (Doc. #45 ); (2) Defendant's Rule 12 Motion to Dismiss and for Judgment on the Pleadings (Doc. #48 ); (3) Defendant's Supplement to Motion to Transfer or Abate (Doc. #55 ); and (4) Plaintiff's Opposed Motion for Leave to File Supplemental Response to the City of Red Oak's Motion to Transfer Venue and Motion to Take Judicial Notice (Doc. #60 ). (Ordered by Judge Ada Brown on 1/13/2022) (ykp)
January 13, 2022 Opinion or Order Filing 70 ORDER granting #69 Motion to Continue.; granting #69 Motion to Stay. It is therefore ORDERED that the activities and upcoming deadlines in this matter, including the 3/15/2022 trial setting, be abated for sixty (60) days from the date of this Order. Is it further ORDERED that the 3/15/2022 trial setting is continued until further notice. On or before the expiration of sixty (60) days from the date of this Order, the Parties shall submit a proposed motion for preliminary approval of the consent decree and setting of a fairness hearing together with the proposed consent decree and settlement agreement, and/or a status report on the status of settlement negotiations. (Ordered by Judge Ada Brown on 1/13/2022) (ykp)
January 12, 2022 Filing 69 Joint MOTION to Continue March 15, 2022 Trial Setting, Joint MOTION to Stay re #67 Joint Status Report and Motion to Extend Time Scheduling Order Deadlines, #68 Order Setting Deadline/Hearing, Terminate Motions () filed by Rockett Special Utility District (Attachments: #1 Proposed Order) (Allensworth, Will)
November 10, 2021 Opinion or Order Filing 68 ORDER GRANTING JOINT MOTION TO EXTEND SCHEDULING ORDER DEADLINES: Discovery due by 1/18/2022. Dispositive Motions due by 1/31/2022. Pretrial Materials due by 2/28/2022. (Ordered by Judge Ada Brown on 11/10/2021) (ctf)
November 10, 2021 Filing 67 Joint MOTION to Extend Time Scheduling Order Deadlines filed by Rockett Special Utility District (Attachments: #1 Proposed Order) (Allensworth, Will)
October 25, 2021 Filing 66 NOTICE of Change of Address for Attorney Will W Allensworth on behalf of Rockett Special Utility District. (Filer confirms contact info in ECF is current.) (Allensworth, Will)
October 19, 2021 Opinion or Order Filing 65 AMENDED SCHEDULING ORDER: Jury Trial set for three-week docket beginning 3/15/2022 before Judge Ada Brown. Motions due by 12/15/2021. Discovery due by 11/17/2021. Pretrial Order due by 2/14/2022. Pretrial Materials due by 2/14/2022. Pretrial Conference set for 3/14/2022 10:00 AM before Judge Ada Brown. (Ordered by Judge Ada Brown on 10/19/2021) (mjr)
October 19, 2021 Filing 64 Joint MOTION to Continue and Amend Scheduling Order filed by Rockett Special Utility District (Attachments: #1 Exhibit(s) Amended Scheduling Order, #2 Proposed Order) (Allensworth, Will)
September 27, 2021 Opinion or Order Filing 63 ELECTRONIC ORDER granting #62 Joint Motion to Extend Deadlines. The parties have until 10/20/2021 to file dispositive motions and challenges to expert designations and reports. (Ordered by Judge Ada Brown on 9/27/2021) (chmb)
September 24, 2021 Filing 62 Joint MOTION to Extend Time for Dispositive Motions and Expert Challenges filed by City of Red Oak Texas (Attachments: #1 Proposed Order) (Parker, James)
September 7, 2021 Filing 61 REPLY filed by City of Red Oak Texas re: #60 Opposed MOTION for Leave to File this Supplemental Response to the City of Red Oak's Motion to Transfer Venue and , MOTION to Take Judicial Notice. (Attachments: #1 Exhibit(s)) (Parker, James) Modified text on 9/7/2021 (mjr).
September 3, 2021 Filing 60 Opposed MOTION for Leave to File this Supplemental Response to the City of Red Oak's Motion to Transfer Venue and , MOTION to Take Judicial Notice filed by Rockett Special Utility District. (Attachments: #1 Exhibit(s) A, #2 Proposed Order) (Houchin, Karly) Modified text on 9/7/2021 (mjr).
August 12, 2021 Opinion or Order Filing 59 ELECTRONIC ORDER granting #58 Application for Admission Pro Hac Vice of S. Max Harris. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Ada Brown on 8/12/2021) (chmb)
August 11, 2021 Filing 58 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney S. Max Harris (Filing fee $100; Receipt number 0539-12128627) filed by Rockett Special Utility District (Attachments: #1 Proposed Order) (Allensworth, Will)
August 9, 2021 Opinion or Order Filing 57 ELECTRONIC ORDER granting #56 the parties' Joint Motion to Modify the Court's Scheduling Order. Discovery due by 9/10/2021. Deadline for mediation is on or before 9/16/2021. (Ordered by Judge Ada Brown on 8/9/2021) (chmb)
August 6, 2021 Filing 56 MOTION Joint Motion to Modify the Court's Scheduling Order re #34 Scheduling Order,, filed by Rockett Special Utility District (Attachments: #1 Proposed Order) (Allensworth, Will)
August 6, 2021 Filing 55 Supplemental MOTION to Transfer Case out of District/Division and Unopposed Request for Oral Argument filed by City of Red Oak Texas (Attachments: #1 Exhibit(s), #2 Exhibit(s)) (Parker, James)
July 15, 2021 Opinion or Order Filing 53 ELECTRONIC ORDER granting #52 Defendant's Unopposed Motion for Extension of Time to Designate Experts. The Court extends Defendant's expert designation and report deadline to 8/20/2021. (Ordered by Judge Ada Brown on 7/15/2021) (chmb)
July 14, 2021 Opinion or Order Filing 54 CONFIDENTIALITY AND PROTECTIVE ORDER. (Ordered by Judge Ada Brown on 7/14/2021) (ygl)
July 14, 2021 Filing 52 Unopposed MOTION to Extend Time to designate experts filed by City of Red Oak Texas (Attachments: #1 Proposed Order) (Parker, James)
July 14, 2021 Filing 51 Joint MOTION for Protective Order filed by Rockett Special Utility District (Attachments: #1 Proposed Order) (Allensworth, Will)
July 8, 2021 Filing 50 REPLY filed by City of Red Oak Texas re: #48 MOTION to Dismiss under Rule 12(b)(1) MOTION for Judgment on the Pleadings (Attachments: #1 Exhibit(s), #2 Exhibit(s)) (Parker, James)
June 24, 2021 Filing 49 RESPONSE AND OBJECTION filed by Rockett Special Utility District re: #48 MOTION to Dismiss under Rule 12(b)(1) MOTION for Judgment on the Pleadings (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3) (Allensworth, Will)
June 4, 2021 Filing 48 MOTION to Dismiss under Rule 12(b)(1), MOTION for Judgment on the Pleadings () filed by City of Red Oak Texas (Parker, James)
June 1, 2021 Filing 47 REPLY filed by City of Red Oak Texas re: #45 MOTION to Transfer Case out of District/Division (Parker, James)
May 18, 2021 Filing 46 RESPONSE AND OBJECTION filed by Rockett Special Utility District re: #45 MOTION to Transfer Case out of District/Division (Attachments: #1 Exhibit(s), #2 Exhibit(s)) (Allensworth, Will)
April 27, 2021 Filing 45 MOTION to Transfer Case out of District/Division filed by City of Red Oak Texas with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) Appendix, #2 Proposed Order) (Parker, James)
March 31, 2021 Filing 44 ANSWER to #6 Amended Complaint,, filed by City of Red Oak Texas. 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. (Parker, James)
March 26, 2021 Opinion or Order Filing 43 ELECTRONIC ORDER granting #42 Defendant's Unopposed Motion for Extension of Time to Answer. Answer due by 4/2/2021. (Ordered by Judge Ada Brown on 3/26/2021) (chmb)
March 26, 2021 Filing 42 Unopposed Motion for Extension of Time to File Answer filed by City of Red Oak Texas (Attachments: #1 Proposed Order) (Parker, James)
March 12, 2021 Opinion or Order Filing 41 ORDER: Defendant's #22 motion to dismiss and #35 supplemental motion are DENIED. (Ordered by Judge Ada Brown on 3/12/2021) (ykp)
December 23, 2020 Filing 40 REPLY filed by City of Red Oak Texas re: #35 Motion to Dismiss for Failure to State a ClaimSupplemental MOTION to Dismiss for Lack of Jurisdiction , #22 Motion to Dismiss for Failure to State a Claim (Parker, James)
December 11, 2020 Filing 39 RESPONSE AND OBJECTION filed by Rockett Special Utility District re: #35 Motion to Dismiss for Failure to State a ClaimSupplemental MOTION to Dismiss for Lack of Jurisdiction , #22 Motion to Dismiss for Failure to State a Claim (Ryan, Matthew)
November 27, 2020 Filing 38 REPLY filed by City of Red Oak Texas re: #35 Motion to Dismiss for Failure to State a ClaimSupplemental MOTION to Dismiss for Lack of Jurisdiction (Attachments: #1 Exhibit(s)) (Parker, James)
November 25, 2020 Filing 37 Joint STATUS REPORT Regarding Mediation filed by City of Red Oak Texas. (Parker, James)
November 19, 2020 Filing 36 RESPONSE filed by Rockett Special Utility District re: #35 Motion to Dismiss for Failure to State a Claim, Supplemental MOTION to Dismiss for Lack of Jurisdiction (Ryan, Matthew).
November 5, 2020 Filing 35 Motion to Dismiss for Failure to State a Claim, Supplemental MOTION to Dismiss for Lack of Jurisdiction () filed by City of Red Oak Texas (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s)) (Parker, James)
October 23, 2020 Opinion or Order Filing 34 SCHEDULING ORDER: Jury Trial set for three-week docket beginning 1/4/2022 before Judge Ada Brown. Joinder of Parties due by 11/23/2020. Amended Pleadings due by 11/23/2020. Motions due by 10/6/2021. Discovery due by 09/7/2021. Pretrial Order due by 12/6/2021. Pretrial Materials due by 12/6/2021. Pretrial Conference set for 1/3/2022 10:00 AM before Judge Ada Brown. Deadline for mediation is on or before 9/7/2021. (Ordered by Judge Ada Brown on 10/23/2020) (jmg) Modified a date on 10/27/2020 (svc).
August 13, 2020 Filing 33 REPLY filed by City of Red Oak Texas re: #22 Motion to Dismiss for Failure to State a Claim (Attachments: #1 Exhibit(s) Report and Recommendations) (Parker, James)
August 6, 2020 Filing 32 Joint STATUS REPORT filed by Rockett Special Utility District. (Ryan, Matthew)
July 30, 2020 Filing 31 (Document Restricted) Sealed Appendix in Support re: #30 Sealed and/or Ex Parte Response/Objection filed by Rockett Special Utility District. (mla)
July 30, 2020 Filing 30 (Document Restricted) Sealed Response and Objection to Motion re: #22 Dismiss for Failure to State a Claim filed by Rockett Special Utility District. (mla)
July 30, 2020 Opinion or Order Filing 29 (Document Restricted) Sealed ORDER granting sealed and/or ex parte motion #28 . (Clerk to enter the sealed and/or ex parte document as of the date of this order.) (Ordered by Judge Ada Brown on 7/30/2020) (mla)
July 29, 2020 Filing 28 (Document Restricted) Plaintiff Rockett Special Utility District's Unopposed Motion to File Documents Under Seal (Sealed pursuant to motion to seal) filed by Rockett Special Utility District (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Proposed Order) (Ryan, Matthew)
July 16, 2020 Opinion or Order Filing 27 ELECTRONIC ORDER granting #26 Defendant's Unopposed Motion for Extension of Time to File Joint Status Report. Status Report due by 8/6/2020. (Ordered by Judge Ada Brown on 7/16/2020) (chmb)
July 15, 2020 Filing 26 Unopposed MOTION to Extend Time to file Joint Status Report filed by City of Red Oak Texas (Attachments: #1 Proposed Order) (Parker, James)
July 9, 2020 Opinion or Order Filing 25 STATUS REPORT ORDER: Joint Status Report Due Three (3) Weeks from the Date of this Order. (Ordered by Judge Ada Brown on 7/9/2020) (oyh)
July 8, 2020 Filing 24 Appendix in Support filed by City of Red Oak Texas re #22 Motion to Dismiss for Failure to State a Claim (Parker, James)
July 8, 2020 Filing 23 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by City of Red Oak Texas. (Parker, James)
July 8, 2020 Filing 22 Motion to Dismiss for Failure to State a Claim filed by City of Red Oak Texas with Brief/Memorandum in Support. (Parker, James)
June 11, 2020 Opinion or Order Filing 21 ELECTRONIC ORDER granting #20 Defendant's Unopposed Motion for Extension of Time to File Responsive Pleading. Defendant's answer due 7/13/2020. (Ordered by Judge Ada Brown on 6/11/2020) (chmb)
June 10, 2020 Filing 20 Unopposed MOTION for Extension of Time to File Responsive Document filed by City of Red Oak Texas (Attachments: #1 Proposed Order)Attorney James F Parker, III added to party City of Red Oak Texas(pty:dft) (Parker, James)
June 8, 2020 Opinion or Order Filing 19 ELECTRONIC ORDER granting #15 Application for Admission Pro Hac Vice of Maria Huynh. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Ada Brown on 6/8/2020) (chmb)
June 8, 2020 Opinion or Order Filing 18 ELECTRONIC ORDER granting #14 Application for Admission Pro Hac Vice of Karly A. Houchin. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Ada Brown on 6/8/2020) (chmb)
June 8, 2020 Opinion or Order Filing 17 ELECTRONIC ORDER granting #13 Application for Admission Pro Hac Vice of William W. Allensworth. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Ada Brown on 6/8/2020) (chmb)
June 3, 2020 Filing 16 SUMMONS Returned Executed as to City of Red Oak Texas ; served on 5/28/2020. (Ryan, Matthew)
June 3, 2020 Filing 15 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Maria Huynh (Filing fee $100; Receipt number 0539-10884256) filed by Rockett Special Utility District (Attachments: #1 Proposed Order) (Ryan, Matthew)
June 3, 2020 Filing 14 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Karly A. Houchin (Filing fee $100; Receipt number 0539-10883515) filed by Rockett Special Utility District (Attachments: #1 Proposed Order) (Ryan, Matthew)
June 3, 2020 Filing 13 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney William W. Allensworth (Filing fee $100; Receipt number 0539-10883416) filed by Rockett Special Utility District (Attachments: #1 Proposed Order) (Ryan, Matthew)
June 1, 2020 Opinion or Order Filing 12 ELECTRONIC ORDER granting #10 Application for Admission Pro Hac Vice of Michael D. Davis. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Ada Brown on 6/1/2020) (chmb)
June 1, 2020 Opinion or Order Filing 11 ELECTRONIC ORDER granting #9 Application for Admission Pro Hac Vice of Steven M. Harris. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Ada Brown on 6/1/2020) (chmb)
May 29, 2020 Filing 10 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Michael D. Davis (Filing fee $100; Receipt number 0539-10872498) filed by Rockett Special Utility District (Attachments: #1 Proposed Order) (Ryan, Matthew)
May 29, 2020 Filing 9 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Steven M. Harris (Filing fee $100; Receipt number 0539-10872414) filed by Rockett Special Utility District (Attachments: #1 Proposed Order) (Ryan, Matthew)
May 27, 2020 Filing 8 Summons Issued as to City of Red Oak Texas. (ndt)
May 27, 2020 Filing 7 Request for Clerk to issue Summons filed by Rockett Special Utility District. (Ryan, Matthew)
May 27, 2020 Filing 6 AMENDED COMPLAINT WITH JURY DEMAND against City of Red Oak Texas filed by Rockett Special Utility District. 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. (Ryan, Matthew)
May 26, 2020 Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Rockett Special Utility District. (Ryan, Matthew)
May 26, 2020 Judge Ada Brown reassigned as presiding judge per Special Order 3-334. Senior Judge Sidney A Fitzwater no longer assigned to the case. (ctf)
May 22, 2020 Filing 4 Court Request for Recusal: Judge Brantley Starr recused. Pursuant to instruction in Special Order 3-249, the Clerk has reassigned the case to Senior Judge Sidney A Fitzwater for all further proceedings. Future filings should indicate the case number as: 3:20cv1320-D. (twd)
May 21, 2020 Filing 3 Summons Issued as to City of Red Oak Texas. (oyh)
May 20, 2020 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 Ramirez). Clerk to provide copy to plaintiff if not received electronically. (oyh)
May 20, 2020 Filing 1 COMPLAINT WITH JURY DEMAND against City of Red Oak Texas filed by Rockett Special Utility District. (Filing fee $400; Receipt number 0539-10852634) 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) (Ryan, Matthew) Modified Docket Text on 5/21/2020 (oyh).

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Defendant: City of Red Oak Texas
Represented By: Robert E Hager
Represented By: Gabrielle Cherie Smith
Represented By: Sarah Tudor Glaser
Represented By: James F Parker, III
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Plaintiff: Rockett Special Utility District
Represented By: Matthew Charles Ryan
Represented By: Steven Massey Harris
Represented By: Maria Huynh
Represented By: Karly A Houchin
Represented By: Michael Dwight Davis
Represented By: William R Allensworth
Represented By: Karly Anne Houchin
Represented By: Will W Allensworth
Represented By: Steven Max Harris
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