White Operating Company v. Bank of America NA
| White Operating Company |
| Bank of America N.A |
| 3:2023cv00525 |
| March 8, 2023 |
| US District Court for the Northern District of Texas |
| David L Horan |
| Karen Gren Scholer |
| Contract: Insurance |
| 28 U.S.C. § 1332 Diversity-Petition for Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 29, 2024. A more recent docket listing may be available from PACER.
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Filing 72
ELECTRONIC ORDER: The Court RESETS the May 3, 2023, FRCP 16 Scheduling Conference to May 15, 2023, at 3:00 p.m. (Ordered by Judge Karen Gren Scholer on 5/1/2023) (chmb)
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Filing 71
Proposal for contents of scheduling and discovery order Proposed Scheduling Order by Bank of America N.A. (Bruner, Robert)
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Filing 70
STATUS REPORT Joint Status and Scheduling Conference Report filed by Bank of America N.A. (Bruner, Robert)
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Filing 69
DEMAND for Trial by Jury by White Operating Company. (Davani, Sawmon)
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Filing 68
Appendix in Support filed by Bank of America N.A re #67 Reply (Bruner, Robert)
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Filing 67
REPLY filed by Bank of America N.A re: #56 MOTION Assign Proceeding to District Court Judge A. Joe Fish Based on "Related Case" (Bruner, Robert) Modified linkage and docket text on 4/26/2023 (oyh).
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Filing 66
ORDER SETTING INITIAL HEARING: Pursuant to Federal Rule of Civil Procedure 16, the Court hereby sets this case for hearing on 5/3/2023 at 03:00 PM before Judge Karen Gren Scholer. At least one counsel of record for each party shall be present. This hearing will be conducted in person. (Ordered by Judge Karen Gren Scholer on 4/13/2023) (twd)
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Filing 65
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by White Operating Company. (Clerk QC note: No affiliate entered in ECF). (Davani, Sawmon)
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Filing 64
Appendix in Support filed by White Operating Company re #62 Response/Objection (Davani, Sawmon)
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Filing 63
Brief/Memorandum in Support filed by White Operating Company re #62 Response/Objection (Davani, Sawmon)
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Filing 62
RESPONSE filed by White Operating Company re: #56 MOTION Assign Proceeding to District Court Judge A. Joe Fish Based on "Related Case" (Davani, Sawmon)
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Filing 61
NOTICE of Attorney Appearance by John W Mee, III on behalf of White Operating Company. (Filer confirms contact info in ECF is current.) (Mee, John)
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Filing 60
ELECTRONIC ORDER granting #59 Application for Admission Pro Hac Vice of Arthur F. Hoge, III. 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 Karen Gren Scholer on 3/22/2023) (chmb)
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Filing 59
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number BTXNDC-13605007) filed by White Operating Company (Attachments: #1 Affidavit(s) OK Bar Association Certificate of Good Standing, #2 Proposed Order) (Hoge, Arthur) (Main Document 59 replaced to flatten pdf on 3/23/2023) (sxf).
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Filing 58
Appendix in Support filed by Bank of America N.A re #57 Brief/Memorandum in Support of Motion, #56 MOTION Assign Proceeding to District Court Judge A. Joe Fish Based on "Related Case" (Bruner, Robert)
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Filing 57
Brief/Memorandum in Support filed by Bank of America N.A re #56 MOTION Assign Proceeding to District Court Judge A. Joe Fish Based on "Related Case" (Bruner, Robert)
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Filing 56
MOTION Assign Proceeding to District Court Judge A. Joe Fish Based on "Related Case" filed by Bank of America N.A (Bruner, Robert)
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Filing 55
NOTICE of Related Case filed by Bank of America N.A (Attachments: #1 Exhibit(s) A (Amended Civil Cover Sheet) (Bruner, Robert)
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Filing 54
NOTICE of Attorney Appearance by Robert Bernard Bruner for Toby L. Gerber, Ryan E. Manns, Ronald D. Smith on behalf of Bank of America N.A. (Bruner, Robert)
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Filing 53
ELECTRONIC ORDER granting #52 Application for Admission Pro Hac Vice of Joshua C. Greenhaw. 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 Karen Gren Scholer on 3/20/2023) (chmb)
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Filing 52
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Joshua C. Greenhaw (Filing fee $100; Receipt number ATXNDC-13598005) filed by White Operating Company (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Davani, Sawmon) (Main Document 52 replaced to flatten on 3/17/2023) (ndt).
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Filing 51
NOTICE of Attorney Appearance by Stephen G Wilcox on behalf of White Operating Company. (Filer confirms contact info in ECF is current.) (Wilcox, Stephen)
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Filing 50
ELECTRONIC ORDER granting #49 Application for Admission Pro Hac Vice of Sawmon Y. Davani. 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 Karen Gren Scholer on 3/14/2023) (chmb)
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Filing 49
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13585943) filed by White Operating Company (Attachments: #1 Certificate of Good Standing, #2 Proposed Order)Attorney Sawmon Yousefzadeh Davani added to party White Operating Company(pty:pla) (Davani, Sawmon) (Main Document 49 replaced on 3/13/2023) (ykp). (Attachment 2 replaced to flatten pdf on 3/14/2023) (sxf).
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Filing 48
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. (acm)
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Filing 47
Case electronically transferred in from District of Oklahoma Western; Case Number 5:21-cv-00622. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should 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. Copy of NEF to be sent US Mail to parties not electronically noticed.
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Filing 46
ORDER granting #8 Motion to Change Venue; denying #10 Motion to Remand to State Court. The Clerk of Court is directed to take all actions necessary to transfer this action to the United States District Court for the Northern District of Texas. Signed by Judge Scott L. Palk on 3/8/23. (ms) [Transferred from Oklahoma Western on 3/8/2023.]
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Filing 45
ENTRY of Appearance by Toby L Gerber on behalf of Bank of America NA (Gerber, Toby) [Transferred from Oklahoma Western on 3/8/2023.]
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Filing 44
SURREPLY re #20 Reply to Response to Motion to Remand filed by Bank of America NA. (Harmon, Joel) [Transferred from Oklahoma Western on 3/8/2023.]
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Filing 43
ENTRY of Appearance by Ryan E Manns on behalf of Bank of America NA (Manns, Ryan) [Transferred from Oklahoma Western on 3/8/2023.]
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Filing 42
ENTRY of Appearance by Robert B Bruner on behalf of Bank of America NA (Bruner, Robert) [Transferred from Oklahoma Western on 3/8/2023.]
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Filing 41
ENTRY of Appearance by Ronald D. Smith on behalf of Bank of America NA (Smith, Ronald) [Transferred from Oklahoma Western on 3/8/2023.]
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Filing 40
ORDER granting #39 Defendants Unopposed Motion for Leave to File Sur-Reply to Plaintiffs Motion to Remand. Defendant shall file its sur-reply to Plaintiffs Motion to Remand totaling no more than five pages in length and filed within seven days of the date of this Order.. Signed by Honorable Scott L. Palk on 8/30/2021. (md) [Transferred from Oklahoma Western on 3/8/2023.]
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Filing 39
UNOPPOSED MOTION for Leave to File Sur-Reply to Plaintiff's Motion to Remand by Bank of America NA. (Harmon, Joel) [Transferred from Oklahoma Western on 3/8/2023.]
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Filing 38
SURREPLY re #22 Reply, in Support of Defendant's Motion to Dismiss filed by White Operating Company. (Attachments: #1 Exhibit Declaration)(Campbell, Timothy) [Transferred from Oklahoma Western on 3/8/2023.]
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Filing 37
Receipt for Money Received in the amount of $59.99, receipt number OKW500086929 regarding #27 MOTION for Leave to Appear Pro Hac Vice of Robert Bernard Bruner (kmt) [Transferred from Oklahoma Western on 3/8/2023.]
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Filing 36
Receipt for Money Received in the amount of $50.00, receipt number OKW500086930 regarding #28 MOTION for Leave to Appear Pro Hac Vice of Michael Berthiaume (kmt) [Transferred from Oklahoma Western on 3/8/2023.]
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Filing 35
Receipt for Money Received in the amount of $50.00, receipt number OKW500086931 regarding #29 MOTION for Leave to Appear Pro Hac Vice of Toby L. Gerber (kmt) [Transferred from Oklahoma Western on 3/8/2023.]
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Filing 34
Receipt for Money Received in the amount of $50.00, receipt number OKW500086932 regarding #30 MOTION for Leave to Appear Pro Hac Vice of Ryan E. Manns (kmt) [Transferred from Oklahoma Western on 3/8/2023.]
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Filing 33
Receipt for Money Received in the amount of $50.00, receipt number OKW500086933 regarding #31 MOTION for Leave to Appear Pro Hac Vice of Ronald D. Smith (kmt) [Transferred from Oklahoma Western on 3/8/2023.]
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Filing 32
ORDER granting #27 Motion to Appear Pro Hac Vice of Robert Bernard Bruner; granting #28 Motion to Appear Pro Hac Vice Michael Berthiaume; granting #29 Motion to Appear Pro Hac Vice Toby L. Gerber; granting #30 Motion to Appear Pro Hac Vice of Ryan E. Manns; granting #31 Motion to Appear Pro Hac Vice of Ronald D. Smith. Signed by Honorable Scott L. Palk on 8/26/21. (md) [Transferred from Oklahoma Western on 3/8/2023.]
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Filing 31
MOTION for Leave to Appear Pro Hac Vice of Ronald D. Smith by Bank of America NA. (Attachments: #1 Exhibit 1 - Request for Admission Pro Hac Vice)(Harmon, Joel) [Transferred from Oklahoma Western on 3/8/2023.]
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Filing 30
MOTION for Leave to Appear Pro Hac Vice of Ryan E. Manns by Bank of America NA. (Attachments: #1 Exhibit 1 - Request for Admission Pro Hac Vice)(Harmon, Joel) [Transferred from Oklahoma Western on 3/8/2023.]
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Filing 29
MOTION for Leave to Appear Pro Hac Vice of Toby L. Gerber by Bank of America NA. (Attachments: #1 Exhibit 1 - Request for Admission Pro Hac Vice)(Harmon, Joel) [Transferred from Oklahoma Western on 3/8/2023.]
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Filing 28
MOTION for Leave to Appear Pro Hac Vice of Michael Berthiaume by Bank of America NA. (Attachments: #1 Exhibit 1 - Request for Admission Pro Hac Vice)(Harmon, Joel) [Transferred from Oklahoma Western on 3/8/2023.]
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Filing 27
MOTION for Leave to Appear Pro Hac Vice of Robert Bernard Bruner by Bank of America NA. (Attachments: #1 Exhibit 1 - Request for Admission Pro Hac Vice)(Harmon, Joel) [Transferred from Oklahoma Western on 3/8/2023.]
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Filing 26
ORDER granting #25 Motion for Leave of Court to File a Sur-Reply to Defendants Reply in Support of Defendants Motion to Dismiss Plaintiffs Complaint. The Motion is GRANTED. Plaintiff is hereby granted leave of Court to file a sur-reply to Defendants Reply in Support of Defendants Motion to Dismiss Plaintiffs Complaint #22 no more than five (5) pages in length and within seven (7) days from the date of this Order. Signed by Honorable Scott L. Palk on 8/23/2021. (md) [Transferred from Oklahoma Western on 3/8/2023.]
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Filing 25
MOTION for Leave of Court to File Sur-Reply by White Operating Company. (Campbell, Timothy) [Transferred from Oklahoma Western on 3/8/2023.]
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NOTICE FROM THE COURT #24 MOTION for Leave of Court to File Sur-Reply is STRICKEN due to Counsel's failure to comply with LCvR 7.1(k) (md) [Transferred from Oklahoma Western on 3/8/2023.]
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Filing 24
STRICKEN MOTION for Leave of Court to File Sur-Reply by White Operating Company. (Campbell, Timothy) Pursuant to Notice From the Court on 8/20/2021 (md). [Transferred from Oklahoma Western on 3/8/2023.]
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Filing 23
REPLY by Defendant Bank of America NA re #8 MOTION to Change Venue and Brief in Support filed by Bank of America NA. (Harmon, Joel) [Transferred from Oklahoma Western on 3/8/2023.]
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Filing 22
REPLY by Defendant Bank of America NA re #7 MOTION to Dismiss Plaintiff's Complaint with Brief in Support filed by Bank of America NA. (Attachments: #1 Exhibit 18 - 5/28/20 Transcript, #2 Exhibit 19 - 6/24/20 Transcript)(Harmon, Joel) [Transferred from Oklahoma Western on 3/8/2023.]
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Filing 21
RESPONSE to Motion re #8 MOTION to Change Venue and Brief in Support filed by White Operating Company. (Campbell, Timothy) [Transferred from Oklahoma Western on 3/8/2023.]
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Filing 20
REPLY to Response to Motion re #10 MOTION to Remand to State Court filed by White Operating Company. (Campbell, Timothy) [Transferred from Oklahoma Western on 3/8/2023.]
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Filing 19
RESPONSE to Motion re #7 MOTION to Dismiss Plaintiff's Complaint with Brief in Support filed by White Operating Company. (Attachments: #1 Exhibit Affidavit)(Campbell, Timothy) [Transferred from Oklahoma Western on 3/8/2023.]
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Filing 18
RESPONSE to Motion re #10 MOTION to Remand to State Court and Brief in Support filed by Bank of America NA. (Harmon, Joel) [Transferred from Oklahoma Western on 3/8/2023.]
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Filing 17
ORDER granting #11 Unopposed Motion for Extension of Time. Plaintiff shall respond to Defendant Bank of America, N.A.'s Motion to Dismiss on or before August 9, 2021, and Defendant Bank of America, N.A.'s Motion to Transfer Venue on or before August 12, 2021. Signed by Honorable Scott L. Palk on 7/26/2021. (md) [Transferred from Oklahoma Western on 3/8/2023.]
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Filing 16
ENTRY of Appearance by Arthur F Hoge, III on behalf of All Plaintiffs (Attachments: #1 Entry of Appearance)(Hoge, Arthur) [Transferred from Oklahoma Western on 3/8/2023.]
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Filing 15
ENTRY of Appearance by Thomas M Weatherford on behalf of White Operating Company (Weatherford, Thomas) [Transferred from Oklahoma Western on 3/8/2023.]
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Filing 14
ENTRY of Appearance by John W Mee, III on behalf of White Operating Company (Mee, John) [Transferred from Oklahoma Western on 3/8/2023.]
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Filing 13
DISCLOSURE STATEMENT - CORPORATE by White Operating Company . (Campbell, Timothy) [Transferred from Oklahoma Western on 3/8/2023.]
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Filing 12
ENTRY of Appearance by Joshua C Greenhaw on behalf of White Operating Company (Greenhaw, Joshua) [Transferred from Oklahoma Western on 3/8/2023.]
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Filing 11
UNOPPOSED MOTION for Extension of Time by White Operating Company. (Campbell, Timothy) [Transferred from Oklahoma Western on 3/8/2023.]
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Filing 10
MOTION to Remand to State Court by White Operating Company. (Campbell, Timothy) [Transferred from Oklahoma Western on 3/8/2023.]
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Filing 9
ENTRY of Appearance by Timothy F Campbell on behalf of White Operating Company (Campbell, Timothy) [Transferred from Oklahoma Western on 3/8/2023.]
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Filing 8
MOTION to Change Venue and Brief in Support by Bank of America NA. (Attachments: #1 Exhibit 17 - Declaration of Joy L. Bartholomew)(Harmon, Joel) [Transferred from Oklahoma Western on 3/8/2023.]
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Filing 7
MOTION to Dismiss Plaintiff's Complaint with Brief in Support by Bank of America NA. (Attachments: #1 Exhibit 1 - Summary Judgment Report, #2 Exhibit 2 - District Court Order, #3 Exhibit 3 - BANA MSJ Brief, #4 Exhibit 4 - BANA Response MSJ, #5 Exhibit 5 - BANA Reply MSJ, #6 Exhibit 6 - Producer Claim Order, #7 Exhibit 7 - Complaint, #8 Exhibit 8 - Answer, #9 Exhibit 9 - Judgment, #10 Exhibit 10 - BANA Brief MSJ Equitable Subordination, #11 Exhibit 11 - BANA Reply MSJ Equitable Subordination, #12 Exhibit 12 - Motion to Dismiss, #13 Exhibit 13 - Order denying MTD Equitable Subordination, #14 Exhibit 14 - Order granting BANA MSJ Equitable Subordination, #15 Exhibit 15 - Final Judgment, #16 Exhibit 16 - DIP Order)(Harmon, Joel) [Transferred from Oklahoma Western on 3/8/2023.]
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Filing 6
ORDER granting #4 Motion for Extension of Time to Answer re #4 UNOPPOSED MOTION for Extension of Time to File Answer re #1 Notice of Removal, Bank of America NA answer due 7/9/2021.. Signed by Honorable Scott L. Palk on 6/22/2021. (md) [Transferred from Oklahoma Western on 3/8/2023.]
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Filing 5
DISCLOSURE STATEMENT - CORPORATE by Bank of America NA . (Harmon, Joel) [Transferred from Oklahoma Western on 3/8/2023.]
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Filing 4
UNOPPOSED MOTION for Extension of Time to File Answer re #1 Notice of Removal, by Bank of America NA. (Harmon, Joel) [Transferred from Oklahoma Western on 3/8/2023.]
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Filing 3
ENTRY of Appearance by Tara A LaClair on behalf of Bank of America NA (LaClair, Tara) [Transferred from Oklahoma Western on 3/8/2023.]
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Filing 2
ENTRY of Appearance by Joel W Harmon on behalf of Bank of America NA (Harmon, Joel) [Transferred from Oklahoma Western on 3/8/2023.]
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Filing 1
NOTICE OF REMOVAL from District Court of McClain County, case number CJ-21-89 filed by Bank of America NA. (Attachments: #1 Exhibit 1 - OSCN Docket Sheet as of 2021-06-16, #2 Exhibit 2 - Petition, #3 Exhibit 3 - Summons to Bank of America, #4 Civil Cover Sheet)(kmt) [Transferred from Oklahoma Western on 3/8/2023.]
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PAYMENT FOR A CIVIL CASE Filing fee $ 402, receipt number AOKWDC-3704653. (Harmon, Joel) [Transferred from Oklahoma Western on 3/8/2023.]
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