Fuller et al v. Biggs et al
| Antonio Davis and Charles Fuller |
| DKL Transportation LLC, Scott Biggs, PACCAR Financial Corp doing business as PACCAR Leasing Company, Delek US Holdings Inc and Christy Biggs |
| ADR Provider |
| 3:2020cv02146 |
| August 13, 2020 |
| US District Court for the Northern District of Texas |
| A Joe Fish |
| Torts/Pers Inj: Motor Vehicle |
| 28 U.S.C. § 1446 |
| Both |
Docket Report
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This docket was last retrieved on July 6, 2021. A more recent docket listing may be available from PACER.
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Filing 76
STIPULATION OF DISMISSAL With Prejudice by Christy Biggs, DKL Transportation LLC, Delek US Holdings Inc, PACCAR Financial Corp. (Greene, John)
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Civil Case Terminated per #76 Stipulation of Dismissal with Prejudice. (ykp)
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Filing 75
ELECTRONIC ORDER: The parties' joint motion to extend deadline to file order of dismissal (docket entry 74) is GRANTED. It is ORDERED that the final judgment or order of dismissal be presented for entry by July 6, 2021. If it is not, then the case will be subject to dismissal. (Ordered by Senior Judge A. Joe Fish on 6/21/2021) (chmb)
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Filing 74
Joint MOTION for Extension of Time to File Order of Dismissal filed by Christy Biggs, DKL Transportation LLC, Delek US Holdings Inc, PACCAR Financial Corp (Attachments: #1 Proposed Order) (Greene, John)
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Filing 73
ELECTRONIC ORDER: The court has been advised that this case has been settled. It is ORDERED that the final judgment or order of dismissal be presented for entry by June 21, 2021. If it is not, then the case will be subject to dismissal. The Clerk of Court is directed to terminate all pending motions, hearings, and deadlines. (Ordered by Senior Judge A. Joe Fish on 5/14/2021) (chmb)
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Filing 72
Alternative Dispute Resolution Summary filed by ADR Provider. Attorneys in Attendance: Brennan Clay, John Greene, Colleen McCoy, James D. Ellman. Prv Fee: $ 1,400.00. Outcome of ADR: Settled as a result of ADR. (Carnahan, Michael)
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Filing 71
AMENDED SCHEDULING ORDER: Trial set for four-week docket beginning 11/1/2021 before Senior Judge A. Joe Fish. Motions due by 7/1/2021. Pretrial Order due by 10/22/2021. Pretrial Materials due by 10/22/2021. Pretrial Conference set for 10/29/2021 10:30 AM before Senior Judge A. Joe Fish. (Ordered by Senior Judge A. Joe Fish on 5/10/2021) (mjr)
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Filing 70
REPLY filed by Christy Biggs, DKL Transportation LLC, Delek US Holdings Inc, PACCAR Financial Corp re: #56 MOTION for Summary Judgment of Defendants Christy Biggs, PACCAR Leasing Company, A Division of PACCAR Financial Corp., Delek US Holdings, Inc., and DKL Transportation, LLC (Greene, John)
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Filing 69
NOTICE of Defendants' Certificate of Service for Discovery (First Supplemental) filed by Christy Biggs, DKL Transportation LLC, Delek US Holdings Inc, PACCAR Financial Corp (Greene, John)
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Filing 68
MOTION to Continue Hearing on Def MSJ filed by Antonio Davis, Charles Fuller (Attachments: #1 Proposed Order Granting Plt Request to Continue Hearing on Def MSJ) (Clay, Brennan)
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Filing 67
MOTION to Continue filed by Antonio Davis, Charles Fuller (Attachments: #1 Proposed Order Proposed Order Modifying Scheduling Order) (Clay, Brennan)
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Filing 66
NOTICE of Agreement to Extend Discovery Period filed by Antonio Davis, Charles Fuller (Clay, Brennan)
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Filing 65
Appendix in Support filed by Antonio Davis, Charles Fuller re: #64 Brief/Memorandum in Support. (Clay, Brennan) Modified linkage and text on 4/30/2021 (mjr).
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Filing 64
Brief/Memorandum in Support filed by Antonio Davis, Charles Fuller re: #63 Response/Objection. (Clay, Brennan)
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Filing 63
RESPONSE filed by Antonio Davis, Charles Fuller re: #56 MOTION for Summary Judgment of Defendants Christy Biggs, PACCAR Leasing Company, A Division of PACCAR Financial Corp, Delek US Holdings, Inc, and DKL Transportation, LLC. (Clay, Brennan)
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Filing 62
Appendix in Support filed by Antonio Davis, Charles Fuller re #61 Response/Objection (Clay, Brennan)
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Filing 61
RESPONSE filed by Antonio Davis, Charles Fuller re: #50 MOTION to Quash Subpoena Duces Tecum and to Limit Topics Submitted for the Deposition of Its Corporate Representatives (Clay, Brennan)
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Filing 60
Notice of Receipt of Manual Filing of USB by Christy Biggs, DKL Transportation LLC, Delek US Holdings Inc, PACCAR Financial Corp re #58 Appendix in Support. (Filed Under Separate Cover. See Records Department.) (jmg)
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Filing 59
Notice of Manual Filing of Dash Cam Video to Appendix by Christy Biggs, DKL Transportation LLC, Delek US Holdings Inc, PACCAR Financial Corp re: #58 Appendix in Support. (Greene, John)
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Filing 58
Appendix in Support filed by Christy Biggs, DKL Transportation LLC, Delek US Holdings Inc, PACCAR Financial Corp re #57 Brief/Memorandum in Support of Motion, #56 MOTION for Summary Judgment of Defendants Christy Biggs, PACCAR Leasing Company, A Division of PACCAR Financial Corp., Delek US Holdings, Inc., and DKL Transportation, LLC (Attachments: #1 Exhibit(s) A [APP. 1 - 4], #2 Exhibit(s) A-1 [APP. 5 - 24], #3 Exhibit(s) A-2 [APP. 25 - 54], #4 Exhibit(s) A-3 [APP. 55 - 64], #5 Exhibit(s) B [APP. 65 - 68], #6 Exhibit(s) B-1 [APP. 69 - 86], #7 Exhibit(s) C [APP. 87 - 94], #8 Exhibit(s) D [APP. 95 - 96], #9 Exhibit(s) E [APP. 97 - 103], #10 Exhibit(s) E-1 [APP. 104 - 111], #11 Exhibit(s) F [APP. 112 - 241], #12 Exhibit(s) G [APP. 242 - 245]) (Greene, John)
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Filing 57
Brief/Memorandum in Support filed by Christy Biggs, DKL Transportation LLC, Delek US Holdings Inc, PACCAR Financial Corp re #56 MOTION for Summary Judgment of Defendants Christy Biggs, PACCAR Leasing Company, A Division of PACCAR Financial Corp., Delek US Holdings, Inc., and DKL Transportation, LLC (Greene, John)
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Filing 56
MOTION for Summary Judgment of Defendants Christy Biggs, PACCAR Leasing Company, A Division of PACCAR Financial Corp., Delek US Holdings, Inc., and DKL Transportation, LLC filed by Christy Biggs, DKL Transportation LLC, Delek US Holdings Inc, PACCAR Financial Corp (Attachments: #1 Proposed Order) (Greene, John)
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Filing 55
Certificate of Service for Discovery filed by Delek US Holdings Inc, PACCAR Financial Corp. (Greene, John) Modified text on 4/8/2021 (mjr).
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Filing 54
MEMORANDUM OPINION AND ORDER denying defendant PACCAR Leasing Company ("PACCAR")'s #25 Motion to Dismiss. The court declines to convert PACCAR's motion to dismiss into a motion for summary judgment. (Ordered by Senior Judge A. Joe Fish on 4/2/2021) (twd)
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Filing 53
Designation of Experts by Delek US Holdings Inc. (Greene, John)
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Filing 52
ORDER OF REFERENCE: Under the authority of 28 U.S.C. 636(b), the motion to quash subpoena duces tecum and to limit topics submitted for the deposition of its corporate representatives filed by the defendant PACCAR Leasing Company, a Division of PACCAR Financial Corp., (docket entry #50 ) is hereby REFERRED to United States Magistrate Judge Renee Harris Toliver for a hearing, if necessary, and for determination. (Ordered by Senior Judge A. Joe Fish on 3/30/2021) (ctf)
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Filing 51
Appendix in Support filed by PACCAR Financial Corp re #50 MOTION to Quash Subpoena Duces Tecum and to Limit Topics Submitted for the Deposition of Its Corporate Representatives (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E) (Greene, John)
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Filing 50
MOTION to Quash Subpoena Duces Tecum and to Limit Topics Submitted for the Deposition of Its Corporate Representatives filed by PACCAR Financial Corp with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Greene, John)
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Filing 49
ORDER granting #41 Motion to Substitute Party. Christy Biggs added. Scott Biggs terminated. (Ordered by Senior Judge A. Joe Fish on 3/26/2021) (oyh)
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Filing 48
Designation of Experts by Antonio Davis, Charles Fuller. (Clay, Brennan)
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Filing 47
Second Supplemental Document by Antonio Davis, Charles Fuller as to #41 MOTION to Substitute Party . (Clay, Brennan) Modified linkage and docket text on 3/18/2021 (oyh).
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Filing 46
Supplemental to #41 MOTION for Substitution by Antonio Davis, Charles Fuller. (Clay, Brennan) Modified text on 3/17/2021 (jmg).
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Filing 45
NOTICE of Waiver of the Service of Summons for Statement of Death filed by Scott Biggs (Greene, John)
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Filing 44
REPLY filed by PACCAR Financial Corp re: #25 MOTION to Dismiss or Motion for Summary Judgment (Attachments: #1 Exhibit(s) 1) (Greene, John)
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Filing 43
ELECTRONIC ORDER: Before the court is the plaintiffs' motion for substitution pursuant to Federal Rule of Civil Procedure 25 (docket entry #41 ). The court sets the following expedited briefing schedule: Responses shall be filed no later than March 22, 2021. Replies shall be filed no later than March 26, 2021. SO ORDERED. (Ordered by Senior Judge A. Joe Fish on 3/11/2021) (chmb)
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Filing 42
RESPONSE filed by Antonio Davis, Charles Fuller re: #25 MOTION to Dismiss or Motion for Summary Judgment (Clay, Brennan)
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Filing 41
MOTION to Substitute Party filed by Antonio Davis, Charles Fuller (Clay, Brennan)
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Filing 40
REPLY filed by PACCAR Financial Corp re: #25 MOTION to Dismiss or Motion for Summary Judgment (Greene, John)
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Filing 39
NOTICE of Defendants' Certificate of Service for Discovery filed by DKL Transportation LLC, Delek US Holdings Inc, PACCAR Financial Corp (Greene, John)
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Filing 38
Appendix in Support filed by Antonio Davis, Charles Fuller re #37 Brief/Memorandum in Support (Clay, Brennan) Modified linkage and docket text on 2/19/2021 (oyh).
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Filing 37
Brief/Memorandum in Support filed by Antonio Davis, Charles Fuller re #36 Response/Objection (Clay, Brennan)
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Filing 36
RESPONSE filed by Antonio Davis, Charles Fuller re: #25 MOTION to Dismiss or Motion for Summary Judgment (Attachments: #1 Proposed Order) (Clay, Brennan)
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Filing 35
ELECTRONIC ORDER: Before the court is the plaintiffs' unopposed motion to extend the deadline to respond to the motion to dismiss or alternatively for summary judgment of the defendant PACCAR Leasing Company, a Division of PACCAR Financial Corp. ("PACCAR") (docket entry 34). The motion is GRANTED. Accordingly, the plaintiffs may timely file a response to PACCAR's motion to dismiss or alternatively for summary judgment no later than February 18, 2021. SO ORDERED. (Ordered by Senior Judge A. Joe Fish on 2/18/2021) (chmb)
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Filing 34
MOTION for Extension of Time to File Response/Reply to #25 MOTION to Dismiss or Motion for Summary Judgment filed by Antonio Davis, Charles Fuller (Attachments: #1 Proposed Order) (Clay, Brennan)
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Filing 33
Appendix in Support filed by DKL Transportation LLC, Delek US Holdings Inc, PACCAR Financial Corp re: #32 Response. (Attachments: #1 Exhibit(s) A (APP 1 - 11)) (Greene, John)
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Filing 32
RESPONSE filed by DKL Transportation LLC, Delek US Holdings Inc, PACCAR Financial Corp re: #27 MOTION for Protective Order MOTION to Quash. (Attachments: #1 Proposed Order) (Greene, John)
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Filing 31
MEDIATION ORDER. The parties will be contacted by Michael S Carnahan as mediator. #Alternative Dispute Resolution Summary form provided electronically or by US Mail as appropriate. Deadline for mediation is on or before 5/21/2021. (Ordered by Senior Judge A. Joe Fish on 2/9/2021) (twd)
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Filing 30
ORDER OF REFERENCE re: #27 Motion for Protective Order, Motion to Quash. Motion(s) referred to Magistrate Judge Renee Harris Toliver. (Ordered by Senior Judge A. Joe Fish on 2/4/2021) (hml)
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Filing 29
Appendix in Support filed by Antonio Davis, Charles Fuller re #27 MOTION for Protective Order MOTION to Quash (Clay, Brennan)
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Filing 28
Brief/Memorandum in Support filed by Antonio Davis, Charles Fuller re #27 MOTION for Protective Order MOTION to Quash (Clay, Brennan)
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Filing 27
MOTION for Protective Order, MOTION to Quash filed by Antonio Davis, Charles Fuller. (Attachments: #1 Proposed Order) (Clay, Brennan) Modified docket text on 2/4/2021 (oyh).
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Filing 26
Appendix in Support filed by PACCAR Financial Corp re #25 MOTION to Dismiss or Motion for Summary Judgment (Attachments: #1 Exhibit(s) A (APP. 1 - 9), #2 Exhibit(s) B (APP. 10 - 13) (Declaration of Tammi Jordan), #3 Exhibit(s) B-1 (APP. 14 - 31), #4 Exhibit(s) C (APP. 32 - 35) (Declaration of John David Smith), #5 Exhibit(s) C-1 (APP. 36 - 55), #6 Exhibit(s) C-2 (APP. 56 - 85), #7 Exhibit(s) C-3 (APP. 86 - 95)) (Greene, John)
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Filing 25
MOTION to Dismiss or Motion for Summary Judgment filed by PACCAR Financial Corp with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Greene, John)
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Filing 24
NOTICE of Statement of Death filed by Scott Biggs (Attachments: #1 Exhibit(s) Obituary of Scott Biggs) (Greene, John)
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Filing 23
NOTICE of Discovery Responses filed by Charles Fuller (Clay, Brennan) Modified Event Text on 12/15/2020 (hml).
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Filing 22
NOTICE of Defendants' Certificate of Service for Discovery filed by Scott Biggs, DKL Transportation LLC, Delek US Holdings Inc (Greene, John)
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Filing 21
Supplemental Notice of Service and Filing Record Affidavits by Charles Fuller as to #13 Affidavit . (Clay, Brennan) Modified text on 11/11/2020 (axm).
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Filing 20
NOTICE of Submission of Supplemental Rule 26 Initial Disclosures. (Clay, Brennan) Modified event text on 11/11/2020 (axm).
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Filing 19
CERTIFICATE OF SERVICE for Discovery filed by Scott Biggs, DKL Transportation LLC, Delek US Holdings Inc, PACCAR Financial Corp (Greene, John) Modified event text on 10/27/2020 (jmg).
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Filing 18
NOTICE of Defendants' Certificate of Service for Discovery filed by Scott Biggs, DKL Transportation LLC, Delek US Holdings Inc, PACCAR Financial Corp. (Greene, John)
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Filing 17
NOTICE of Submission of Rule 26 Initial Disclosures filed by Scott Biggs, DKL Transportation LLC, Delek US Holdings Inc, PACCAR Financial Corp (Greene, John)
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Filing 16
ORDER ESTABLISHING SCHEDULE AND CERTAIN PRETRIAL REQUIREMENTS: Trial set for four-week docket 9/7/2021 before Senior Judge A. Joe Fish. Joinder of Parties due by 12/18/2020. Amended Pleadings due by 12/18/2020. Motions due by 4/9/2021. Discovery due by 5/9/2021. Pretrial Order due by 8/27/2021. Pretrial Materials due by 8/27/2021. Pretrial Conference set for 9/3/2021 10:30 AM before Senior Judge A. Joe Fish. (Ordered by Senior Judge A. Joe Fish on 9/22/2020) (oyh)
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Filing 15
Joint STATUS REPORT filed by Charles Fuller. (Clay, Brennan)
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Filing 14
STATUS REPORT ORDER: Joint Status Report due by 9/22/2020. (Ordered by Senior Judge A. Joe Fish on 9/8/2020) (oyh)
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Filing 13
AFFIDAVIT NOTICE OF FILING AFFIDAVITS by Charles Fuller. (Clay, Brennan)
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Filing 12
Plaintiff's Rule 26 DISCLOSURE STATEMENT by Charles Fuller. (Clay, Brennan) Modified text on 9/3/2020 (dsr).
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Filing 11
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Charles Fuller. (Clay, Brennan)
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Filing 10
ELECTRONIC ORDER: The plaintiffs have yet to provide the clerk with a certificate of interested persons. N.D. TEX. CIV. R. 3.1(c) and 3.2(e) requires that "[w]hen a complaint is filed, the plaintiff must provide the clerk with... a separately signed certificate of interested persons that contains a complete list of all persons, associations of persons, firms, partnerships, corporations, guarantors, insurers, affiliates, parent or subsidiary corporations, or other legal entities who or which are financially interested in the outcome of the case. If a large group of persons or firms can be specified by a generic description, individual listing is not necessary." Accordingly, no later than 20 days after this order is filed, the plaintiffs must comply with Rule 3.1(c) or 3.2(e) so that the court can ensure that recusal is not required in this case. (Ordered by Senior Judge A. Joe Fish on 8/14/2020) (chmb)
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Filing 9
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 Toliver). Clerk to provide copy to plaintiff if not received electronically. (mjr)
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Filing 8
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by DKL Transportation, LLC. (Greene, John)
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Filing 7
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Delek US Holdings, Inc.. (Greene, John)
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Filing 6
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by PACCAR Financial Corp. d/b/a PACCAR Leasing Company identifying Corporate Parent/Other Affiliate PACCAR Inc. for PACCAR Financial Corp. d/b/a PACCAR Leasing Company. (Greene, John)
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Filing 5
NOTICE of Consent to Removal filed by DKL Transportation, LLC (Greene, John)
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Filing 4
NOTICE of Consent to Removal filed by PACCAR Financial Corp. d/b/a PACCAR Leasing Company (Greene, John)
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Filing 3
NOTICE of Consent to Removal filed by Delek US Holdings, Inc. (Greene, John)
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Filing 2
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Scott Biggs. (Greene, John)
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Filing 1
NOTICE OF REMOVAL WITH JURY DEMAND filed by Scott Biggs. (Filing fee $400; receipt number 0539-11076069) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific 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) A - Affidavit of John W. Greene, #2 Exhibit(s) A-1, #3 Exhibit(s) A-2, #4 Exhibit(s) A-3, #5 Exhibit(s) A-4, #6 Exhibit(s) A-5, #7 Exhibit(s) A-6, #8 Exhibit(s) B - Index of Exhibits, #9 Exhibit(s) C - Docket Sheet, #10 Exhibit(s) C-1, #11 Exhibit(s) C-2, #12 Exhibit(s) C-3, #13 Exhibit(s) C-4, #14 Exhibit(s) C-5, #15 Exhibit(s) C-6, #16 Exhibit(s) C-7, #17 Exhibit(s) C-8, #18 Exhibit(s) C-9, #19 Exhibit(s) C-10, #20 Exhibit(s) C-11, #21 Exhibit(s) C-12, #22 Exhibit(s) D - List of Parties & Counsel, #23 Cover Sheet Exhibit E, #24 Cover Sheet Supplement Exhibit F) (Greene, John)
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