Berberian et al v. Wilburn et al
| John Berberian and JBJB Holding LLC |
| Rob Wilburn, John Grisham and Richard Speights |
| James Courville |
| Trinity Clinical Laboratories, LLC |
| 3:2023cv02201 |
| October 4, 2023 |
| US District Court for the Northern District of Texas |
| Brantley Starr |
| Contract: Other Contract |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| None |
Docket Report
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This docket was last retrieved on December 7, 2023. A more recent docket listing may be available from PACER.
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Filing 27
THIRD PARTY COMPLAINT against Trinity Clinical Laboratories, LLC filed by James Courville. Plaintiff will submit third-party summons(es) for issuance. 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 Proposed Summons) (Meyer, Ryan)
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Filing 26
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by James Courville. (Clerk QC note: No affiliate entered in ECF). (Meyer, Ryan)
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Filing 25
ANSWER to #18 Amended Complaint,, filed by James Courville. 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 Ryan Jonathan Meyer added to party James Courville(pty:dft) (Meyer, Ryan)
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Filing 24
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Rob Wilburn. (Clerk QC note: No affiliate entered in ECF). (Riley, Cliff)
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Filing 23
ANSWER to #18 Amended Complaint,, filed by Rob Wilburn. 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. (Kratovil, Christopher)
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Filing 22
ELECTRONIC ORDER granting #21 Motion for Extension of Time to File Answer re #21 Unopposed Motion for Extension of Time to File Answer to Plaintiffs' Second Amended Complaint. Rob Wilburn answer due 11/21/2023. (Ordered by Judge Brantley Starr on 11/20/2023) (chmb)
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Filing 21
Unopposed Motion for Extension of Time to File Answer to Plaintiffs' Second Amended Complaint filed by Rob Wilburn (Attachments: #1 Proposed Order) (Kratovil, Christopher)
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Filing 20
SUMMONS Returned Executed as to James Courville; served on 11/4/2023. (kcr)
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Filing 19
ORDER REQUIRING ATTORNEY CONFERENCE AND PROPOSAL FOR CONTENTS OF SCHEDULING AND DISCOVERY ORDER: Proposed Scheduling Order due by 12/18/2023. (Ordered by Judge Brantley Starr on 11/6/2023) (cea)
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Filing 18
AMENDED COMPLAINT SECOND AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against All Defendants filed by JBJB Holding LLC, John Berberian. 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. (Hawkins, Robert)
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Filing 17
ELECTRONIC ORDER granting #16 Motion to Extend Time. Defendant Rob Wilburn's deadline to plead or otherwise respond to Plaintiff's complaint is November 17, 2023. (Ordered by Judge Brantley Starr on 11/1/2023) (chmb)
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Rob Wilburn's deadline to plead or otherwise respond is 11/17/2023. (Per 17 Electronic Order.) (twd)
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Filing 16
Unopposed MOTION to Extend Time to Plead or Otherwise Respond to Plaintiffs' Original Complaint for Declaratory and Injunctive Relief filed by Rob Wilburn (Attachments: #1 Proposed Order) (Kratovil, Christopher)
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Filing 15
NOTICE of Attorney Appearance by Cliff P Riley on behalf of Rob Wilburn. (Filer confirms contact info in ECF is current.) (Riley, Cliff)
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Filing 14
NOTICE of Attorney Appearance by Christopher D Kratovil on behalf of Rob Wilburn. (Filer confirms contact info in ECF is current.) (Kratovil, Christopher)
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Filing 13
ELECTRONIC ORDER: The objection to transfer #11 is much more substantial in establishing venue in the Northern District of Texas than the original #1 or amended complaint #12 . The Court DIRECTS the plaintiff to file an amended complaint within 28 days where the only change is to substantiate the venue allegations. In the meantime, the Court will refrain from transferring the case. (Ordered by Judge Brantley Starr on 10/23/2023) (chmb)
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Filing 12
AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against All Defendants filed by JBJB Holding LLC, John Berberian. 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 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F) (Hawkins, Robert)
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Filing 11
OBJECTION filed by John Berberian, JBJB Holding LLC re: 9 Order,,, (Hawkins, Robert)
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Filing 10
SUMMONS Returned Executed as to Rob Wilburn; served on 10/10/2023. (agc)
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Filing 9
ELECTRONIC ORDER TRANSFERRING CASE: Based on the complaint, the Court believes this case belongs in the Sherman/Plano Division of the Eastern District of Texas. See 28 U.S.C. Section 1391(b)(2). The complaint states that a substantial portion of the events giving rise to the case occurred in this (the Northern) District. But then, the complaint's only geographic reference is that ''Defendants Grisham, Wilburn, and Courville owned and operated TCL at 751 Hebron Park, Suite 110, Lewisville, Denton County, Texas 7507, along with two other owners.'' Denton County, despite being north of Dallas County, is in the Eastern District of Texas in the Sherman/Plano Division. The Court intends to transfer this case to the Sherman/Plano Division of the Eastern District of Texas in 21 days. Any party objecting may file an objection within 14 days of the date of this order. (Ordered by Judge Brantley Starr on 10/10/2023) (chmb)
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Filing 8
Certificate Regarding Judge-Specific Requirements. (Walker, Nicole)
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Filing 7
Certificate Regarding Judge-Specific Requirements. (Hawkins, Robert)
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Filing 6
Court Request for Recusal: Magistrate Judge David L. Horan recused pursuant to Special Order 3-346. Magistrate Judge Rebecca Rutherford assigned for matters that may be referred in this case. (ndt)
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Filing 5
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 10/5/2023) (oyh)
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Filing 4
Summons Issued as to James Courville, John Grisham, Richard Speights, Rob Wilburn. (oyh)
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Filing 3
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. (oyh)
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Filing 2
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by John Berberian, JBJB Holding LLC. (Clerk QC note: No affiliate entered in ECF). (Hawkins, Robert)
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Filing 1
COMPLAINT against All Defendants filed by JBJB Holding LLC, John Berberian. (Filing fee $402; Receipt number ATXNDC-14079539) Clerk to issue summons(es). 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, #2 Exhibit(s) A, #3 Exhibit(s) B, #4 Exhibit(s) C, #5 Exhibit(s) D, #6 Exhibit(s) E, #7 Exhibit(s) F) (Hawkins, Robert)
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