Gift v. Mexico Foods LLC et al
| Faye Gift |
| Mexico Foods LLC, Mark Colbo, Khaled Nafal and Tiffany White |
| 3:2022cv02656 |
| November 29, 2022 |
| US District Court for the Northern District of Texas |
| Brantley Starr |
| Other Statutes: Other Statutory Actions |
| 28 U.S.C. § 1391 Personal Injury |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 29, 2023. A more recent docket listing may be available from PACER.
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Filing 76
RESPONSE filed by Mark Colbo, Mexico Foods LLC re: #73 MOTION for Leave to File Second Amended Complaint (Attachments: #1 Proposed Order) (Corpuz, Victor)
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Filing 75
NOTICE of Attorney Appearance by Tonika G E Brown on behalf of Mark Colbo, Mexico Foods LLC. (Filer confirms contact info in ECF is current.) (Brown, Tonika)
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Filing 74
MEMORANDUM OPINION AND ORDER denying #23 Motion to Dismiss for Insufficient Service of Process, finding as moot #37 Motion to Strike, denying #40 Motion for Order to Show Cause. (Ordered by Judge Brantley Starr on 9/21/2023) (axm)
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Filing 73
MOTION for Leave to File Second Amended Complaint filed by Faye Gift with Brief/Memorandum in Support. (Attachments: #1 Proposed Amendment, #2 Proposed Order) (Kardell, Steve)
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Filing 72
ELECTRONIC ORDER granting #71 Unopposed MOTION to Withdraw Logan C. Adams as Attorney for Defendants (Ordered by Judge Brantley Starr on 9/7/2023) (chmb)
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Filing 71
Unopposed MOTION to Withdraw Logan C. Adams as Attorney for Defendants filed by Mark Colbo, Mexico Foods LLC (Attachments: #1 Proposed Order) (Corpuz, Victor)
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Filing 70
BRIEF Identifying the Statute of Limitations for Claims Under the Food Safety Modernization Act filed by Mexico Foods LLC re: 68 Order. (Corpuz, Victor) Modified title on 9/5/2023 (axm).
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Filing 69
RESPONSE filed by Faye Gift re: 68 Order. (Kardell, Steve) Modified event text on 9/5/2023 (axm).
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Filing 68
ELECTRONIC ORDER: The Court is currently considering [Dkt. No. 23] entitled, [Defendant Mexico Foods Motion to Dismiss Faye Gifts First Amended Complaint Pursuant to Frcp 12(B)(5)] and all related filings. As part of its review of the Defendants Motion, the Court INSTRUCTS the parties within 8 days (before COB on 9/1/2023) to submit additional briefing discussing whether a dismissal without prejudice would result in the inability for Plaintiff to bring her claims against Defendant Mexico Foods LLC on the account that the statute of limitations has run. (Ordered by Judge Brantley Starr on 8/24/2023) (chmb)
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Filing 67
REPLY filed by Faye Gift re: #40 MOTION for Order to Show Cause (Kardell, Steve)
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Filing 66
ELECTRONIC ORDER denying #64 Motion. The Court DENIES the motion. (Ordered by Judge Brantley Starr on 6/27/2023) (chmb)
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Filing 65
ELECTRONIC ORDER granting #63 Motion to Extend Time. The Court GRANTS IN PART the motion. Plaintiff's deadline to file her reply is now July 12, 2023. (Ordered by Judge Brantley Starr on 6/27/2023) (chmb)
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Filing 64
MOTION Motion to Extend Page Limit filed by Faye Gift (Attachments: #1 Proposed Order) (Kardell, Steve)
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Filing 63
Unopposed MOTION to Extend Time Time for Filing Reply filed by Faye Gift (Attachments: #1 Proposed Order) (Kardell, Steve)
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Filing 62
ELECTRONIC ORDER finding as moot #6 Motion to Dismiss. (Ordered by Judge Brantley Starr on 6/26/2023) (chmb)
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Filing 61
NOTICE of Plaintiffs Notice of Withdrawal of Motion to Strike Certain Portions of Defendants Dkt. 29 Reply re: #23 MOTION to Dismiss Plaintiff's First Amended Complaint filed by Faye Gift (Kardell, Steve) Modified text and linkage on 6/22/2023 (ykp).
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Filing 60
NOTICE of Plaintiffs Notice of Intent to Reply to Defendants Dkt. #57 Response re: #40 MOTION for Order to Show Cause filed by Faye Gift (Kardell, Steve) Modified text and document linkage on 6/22/2023 (ykp).
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Filing 59
***DISEGARD PER FILING ATTORNEY. SEE DOC #60 FOR CORRECT IMAGE***NOTICE of Plaintiffs Notice of Intent to Reply to Defendants Dkt. # 57 Response re: #37 MOTION to Strike Certain Portions of #29 Reply filed by Faye Gift (Kardell, Steve) Modified on 6/22/2023 (ykp).
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Filing 58
Appendix in Support filed by Mexico Foods LLC re #57 Response/Objection (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D) (Corpuz, Victor)
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Filing 57
RESPONSE filed by Mexico Foods LLC re: #40 MOTION for Order to Show Cause (Corpuz, Victor)
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Filing 56
Certificate Regarding Judge-Specific Requirements. (Kardell, Steve)
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Filing 55
ELECTRONIC ORDER granting #54 Motion to Extend Time to File Response/Reply. The Court GRANTS the motion. Defendant Mexico Foods's deadline to respond to Plaintiff Gift's Motion to Show Cause is now June 20, 2023. (Ordered by Judge Brantley Starr on 6/12/2023) (chmb)
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Filing 54
MOTION for Extension of Time to File Response/Reply to #40 MOTION for Order to Show Cause filed by Mexico Foods LLC (Attachments: #1 Proposed Order) (Corpuz, Victor)
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Filing 53
Certificate Regarding Judge-Specific Requirements. (Adams, Logan)
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Filing 52
NOTICE of Attorney Appearance by Logan Collier Adams on behalf of Mark Colbo, Mexico Foods LLC. (Filer confirms contact info in ECF is current.) (Adams, Logan)
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Filing 51
Certificate Regarding Judge-Specific Requirements. (Corpuz, Victor)
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Filing 50
Appendix in Support filed by Faye Gift re #49 Amended Document Plaintiff Faye Gifts Appendix Regarding Supplemental Evidence in Support of Motion for Order to Show Cause (Kardell, Steve)
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Filing 49
AMENDED DOCUMENT by Faye Gift. Amendment to Plaintiffs Supplemental Evidence in Support of Motion for Order to Show Cause. (Kardell, Steve)
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Filing 48
Electronic Standing Order - If they have not already done so, all attorneys appearing in this case must file a Certificate Regarding Judge-Specific Requirements on the docket attesting that they have read, and will comply with, the judge-specific requirements for this Court, including the Court's order concerning generative artificial intelligence. The judge-specific requirements and a template Certificate may be found at: # Certificate Regarding Judge-Specific Requirements. To file the Certificate, please use the event entitled Certificate Regarding Judge-Specific Requirements. This event is located in the Other Documents selection, which is under the Other Filings category of the Civil page in ECF. Please contact the ECF help desk at 214-753-2633 for filing assistance. (Ordered by Judge Brantley Starr on 6/8/2023) (twd)
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Filing 47
ELECTRONIC ORDER granting #46 Motion for Leave to File. The Court GRANTS the motion. The deadline to file an amended appendix is June 8, 2023. (Ordered by Judge Brantley Starr on 6/7/2023) (chmb)
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Filing 46
MOTION for Leave to File Amendment to Plaintiff's Supplement Evidence filed by Faye Gift (Attachments: #1 Proposed Order) (Kardell, Steve)
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Filing 45
Appendix in Support filed by Faye Gift re #44 Response/Objection (Kardell, Steve)
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Filing 44
Plaintiff's Supplemental Evidence in Support of #40 MOTION for Order to Show Cause filed by Faye Gift (Kardell, Steve) Modified text and linkage on 6/6/2023 (ykp).
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Filing 43
RESPONSE filed by Mexico Foods LLC re: #37 MOTION to Strike Certain Portions of #29 Reply (Corpuz, Victor)
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Filing 42
ELECTRONIC ORDER granting #41 Motion to Extend Time. The Court GRANTS the motion. The deadline for Plaintiff to file her supplemental evidence in support of her Motion for Order to Show Cause is now June 5, 2023. (Ordered by Judge Brantley Starr on 6/1/2023) (chmb)
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Filing 41
MOTION to Extend Time to supplement Sanctions Motion filed by Faye Gift (Attachments: #1 Proposed Order) (Kardell, Steve)
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Filing 40
MOTION for Order to Show Cause filed by Faye Gift (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Proposed Order) (Kardell, Steve)
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Filing 39
ANSWER to #17 Amended Complaint,, filed by Mark Colbo. 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. Attorney Victor N Corpuz added to party Mark Colbo(pty:dft) (Corpuz, Victor)
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Filing 38
ELECTRONIC ORDER denying #36 Motion to Stay. The Court DENIES the motion. (Ordered by Judge Brantley Starr on 5/16/2023) (chmb)
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Filing 37
MOTION to Strike Certain Portions of #29 Reply filed by Faye Gift (Attachments: #1 Proposed Order) (Kardell, Steve) Modified text on 5/16/2023 (mms).
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Filing 36
MOTION to Stay re #23 MOTION to Dismiss Plaintiff's First Amended Complaint, #24 Brief/Memorandum in Support of Motion filed by Faye Gift (Attachments: #1 Proposed Order) (Kardell, Steve)
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Filing 35
Sur-reply filed by Faye Gift re: #23 MOTION to Dismiss Plaintiff's First Amended Complaint. (ndt)
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Filing 34
ELECTRONIC ORDER granting #33 Motion for Leave to File. The Court GRANTS the motion. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge Brantley Starr on 5/2/2023) (chmb)
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Filing 33
MOTION for Leave to File Plaintiff's Sur-Reply filed by Faye Gift (Attachments: #1 Exhibit(s), #2 Proposed Order) (Kardell, Steve)
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Filing 32
ELECTRONIC ORDER granting #31 Motion to Extend Time. The Court GRANTS the motion. Plaintiff may file a motion for leave to file a sur-reply by May 1, 2023. (Ordered by Judge Brantley Starr on 4/27/2023) (chmb)
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Filing 31
Unopposed MOTION to Extend Time for Motion for Leave to File Sur-Reply filed by Faye Gift (Attachments: #1 Proposed Order) (Kardell, Steve)
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Filing 30
Joint STIPULATION Regarding Answer of Defendant Mark Colbo by Faye Gift. (Kardell, Steve)
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Filing 29
REPLY filed by Mexico Foods LLC re: #23 MOTION to Dismiss Plaintiff's First Amended Complaint (Corpuz, Victor)
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Filing 28
***DUPLICATE TO [27}*** RESPONSE filed by Faye Gift re: #23 MOTION to Dismiss Plaintiff's First Amended Complaint (Attachments: #1 Proposed Order) (Kardell, Steve) Modified text on 4/14/2023 (mms).
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Filing 27
RESPONSE filed by Faye Gift re: #23 MOTION to Dismiss Plaintiff's First Amended Complaint (Attachments: #1 Proposed Order) (Kardell, Steve)
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Filing 26
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Faye Gift. (Clerk QC note: Affiliate entry indicated). (Kardell, Steve)
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Filing 25
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Mexico Foods LLC. (Clerk QC note: Affiliate entry indicated). (Corpuz, Victor)
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Filing 24
Brief/Memorandum in Support filed by Mexico Foods LLC re #23 MOTION to Dismiss Plaintiff's First Amended Complaint. (Corpuz, Victor)
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Filing 23
MOTION to Dismiss Plaintiff's First Amended Complaint filed by Mexico Foods LLC. Attorney Victor N Corpuz added to party Mexico Foods LLC(pty:dft) (Corpuz, Victor)
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Filing 22
Summons Issued as to Mark Colbo. (oyh)
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Filing 21
Request for Clerk to issue Summons filed by Faye Gift. (Kardell, Steve)
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Filing 20
SUMMONS Returned Executed as to Mexico Foods LLC ; served on 3/2/2023. (Kardell, Steve)
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Filing 19
Summons Issued as to Mexico Foods LLC. (oyh)
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Filing 18
Request for Clerk to issue filed by Faye Gift. (Kardell, Steve)
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Filing 17
AMENDED COMPLAINT against Mark Colbo, Mexico Foods LLC filed by Faye Gift. 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. (oyh)
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Filing 16
ELECTRONIC ORDER granting #14 Motion for Leave to File. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) The Court GRANTS Plaintiff's motion for leave to file an amended complaint [Doc. No. 14]. The Court DENIES WITHOUT PREJUDICE Defendant White's motion to dismiss [Doc. No. 6]. Defendant White may refile a motion to dismiss in light of Plaintiff's amended complaint within 28 days. The Court FINDS AS MOOT Plaintiff's motion for an extension [Doc. No. 15]. (Ordered by Judge Brantley Starr on 2/22/2023) (chmb)
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Filing 15
MOTION for Extension of Time to File Response/Reply to #6 MOTION to Dismiss filed by Faye Gift (Attachments: #1 Proposed Order) (Kardell, Steve)
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Filing 14
MOTION for Leave to File First Amended Complaint filed by Faye Gift (Attachments: #1 Proposed Amendment, #2 Proposed Order) (Kardell, Steve)
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Filing 13
ORDER granting #12 Motion to Extend Time to File Response/Reply. Responses due by 2/21/2023. After Defendant Tiffany White moved to dismiss Faye Gift's complaint, Gift moved for leave to amend her complaint. [Doc. No. #10 ]. The Court DENIES WITHOUT PREJUDICE Gift's motion for leave to amend. (Ordered by Judge Brantley Starr on 2/8/2023) (ndt)
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Filing 12
MOTION for Extension of Time to File Response/Reply to #6 MOTION to Dismiss filed by Faye Gift (Attachments: #1 Proposed Order) (Kardell, Steve)
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Filing 11
REPLY filed by Tiffany White re: #10 MOTION for Order to Show Cause (Erick, Casey)
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Filing 10
MOTION for Order to Show Cause filed by Faye Gift (Attachments: #1 Exhibit(s), #2 Proposed Order) (Kardell, Steve)
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Filing 9
ELECTRONIC ORDER granting #8 Motion to Extend Time to File Response/Reply. The Court GRANTS the motion. The deadline for Plaintiff to respond to Defendant's motion to dismiss is now January 23, 2023. (Ordered by Judge Brantley Starr on 1/9/2023) (chmb)
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Filing 8
MOTION for Extension of Time to File Response/Reply to #6 MOTION to Dismiss , #7 Brief/Memorandum in Support of Motion filed by Faye Gift (Attachments: #1 Proposed Order) (Kardell, Steve)
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Filing 7
Brief/Memorandum in Support filed by Tiffany White re #6 MOTION to Dismiss. (Erick, Casey)
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Filing 6
MOTION to Dismiss filed by Tiffany White. Attorney Casey S Erick added to party Tiffany White(pty:dft) (Erick, Casey)
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Magistrate Judge David L. Horan assigned to this case pursuant to Special Order 3-346 for matters that may be referred. (cea)
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Filing 5
SUMMONS Returned Executed as to Tiffany White ; served on 11/30/2022. (Kardell, Steve)
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Filing 4
Summons Issued as to Tiffany White. (mms)
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Filing 3
Request for Clerk to issue Summons filed by Faye Gift. (Kardell, Steve) (Main Document 3 replaced to flatten pdf on 11/30/2022) (mms). Modified on 11/30/2022 (mms).
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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. (mms)
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Filing 1
COMPLAINT WITH JURY DEMAND against All Defendants filed by Faye Gift. (Filing fee $402; Receipt number ATXNDC-13330404) Summons(es) not requested at this time. 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, 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) (Kardell, Steve)
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