LeBlanc et al v. The City of Haltom City et al
| Michael LeBlanc and DSW Masters Holding Corp doing business as Collision Masters |
| GEICO General Insurance Company, 21st Century National Insurance Company, The City of Haltom City, The Haltom City Police Department, Detective Jeannie Tyree, Detective Josh Boyd, Chief Kenneth Burton, National Insurance Crime Bureau, Jay Norris, Charles Roberts, Allstate Insurance Company, GEICO Insurance Company, State Farm General Insurance Company, Texas Farmers Insurance Company and AIG National Insurance Company |
| 4:2010cv00812 |
| October 25, 2010 |
| US District Court for the Northern District of Texas |
| Fort Worth Office |
| Tarrant |
| John McBryde |
| Civil Rights: Other Civil Rights |
| 28 U.S.C. § 1331 Federal Question: Other Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 7, 2011. A more recent docket listing may be available from PACER.
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Filing 100
FINAL JUDGMENT....consistent with the memo opn and order signed on May 31 2011 and the memo opn and order signed on the date of this final judgment...the court orders all claims asserted by plaintiffs against defendants City of Haltom City, Haltom City Police Dept, Det Josh Boyd, Det Jennie Tyree and Chief Kenneth Burton are dismissed. (Ordered by Judge John McBryde on 6/7/2011) (wrb) .
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Filing 99
Memorandum Opinion and Order....The malicious prosecution claim asserted by plaintiffs against City Defendants is dismissed. (Ordered by Judge John McBryde on 6/7/2011) (wrb)
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| Filing 98 Plaintiffs' RESPONSE and Brief filed by DSW Masters Holding Corp, Michael LeBlanc to #93 City Defendants' Supplement to Motion to Dismiss and Brief in Support (wrb) |
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Filing 97
FINAL JUDGMENT AS TO CERTAIN PARTIES...Consistent with the memorandum opinion and order signed in the action on the date of the signing of this final judgment as to certain parties...all claims and causes of action asserted in the action by plaintiffs, Michael LeBlanc and DSW Masters Holding Corp d/b/a Collision Masters, against defendants National Insurance Crime Bureau, Jay Norris, Charles Roberts, Allstate Insurance Co, Geico General Insurance Company, Texas Farmer Insurance Company, and 21st Century National Insurance Company are hereby dismissed; GEICO General Insurance Company, Michael LeBlanc, National Insurance Crime Bureau, Jay Norris, Charles Roberts, Texas Farmers Insurance Company, 21st Century National Insurance Company and Allstate Insurance Company terminated. (Ordered by Judge John McBryde on 5/31/2011) (wrb)
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Filing 96
Memorandum Opinion and Order #13 Motion to Dismiss filed by Allstate Insurance Company, #43 Motion to Dismiss filed by National Insurance Crime Bureau, Charles Roberts, #23 Motion to Dismiss filed by AIG National Insurance Company, Texas Farmers Insurance Company, #40 Motion to Dismiss filed by Jay Norris, #19 Motion to Dismiss filed by GEICO Insurance Company...The court determines that there is no just reason for delay in and hereby directs, entry of final judgment as to such dismissal of the claims of plaintiffs against Farmers, 21st Century, Geico, Allstate, NICB, Roberts and Norris. Further orders that all claims of plaintiffs against City Defendants based on the Nov 18 2007 request for a search warrant, the Nov 19 2007 searches of LeBlanc's residence and the business establishment of Collision Masters, the seizure of property at the time of those searches, and LeBlanc's arrest and brief incarcertation in August 2008 is dismissed. (Ordered by Judge John McBryde on 5/31/2011) (wrb)
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Filing 95
ORDER: by 2pm Jun 3 2011, plaintiffs file a response to document filed by City Defendants on May 31 2011. (Ordered by Judge John McBryde on 5/31/2011) (wrb)
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| Filing 94 Supplemental Motion by Allstate Insurance Company as to #13 MOTION to Dismiss and supporting brief (wrb) |
| Filing 93 City Defendants' Supplement by Josh Boyd, Kenneth Burton, The City of Haltom City, The Haltom City Police Department, Jeannie Tyree to #46 MOTION to Dismiss and brief in support (wrb) |
| Filing 92 Plaintiffs' FIRST AMENDED ORIGINAL COMPLAINT against 21st Century National Insurance Company, Allstate Insurance Company, Josh Boyd, Kenneth Burton, GEICO General Insurance Company, National Insurance Crime Bureau, Jay Norris, Charles Roberts, Texas Farmers Insurance Company, The City of Haltom City, The Haltom City Police Department, Jeannie Tyree filed by DSW Masters Holding Corp, Michael LeBlanc. (Attachments: #1 Additional Page(s)) (wrb) |
| Filing 91 Supplemental by GEICO Insurance Company to #19 MOTION to Dismiss Complaint and brief in support thereof (wrb) |
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Filing 90
ORDER granting #72 Motion to Amend...The amended complaint to be filed by plaintiffs shall be in the form of the document plaintiffs tendered to the court with their motion for leave, except that State Farm General Insurance Co will be deleted as a deft, both from the style and from text of the document; "Geico General Insurance Company" will be used as the name of the defendant identified in the original complaint as Geico Insurance Company; and "21st Century National Insurance Company" will be identified as a defendant instead of "AIG National Insurance Company"; SUCH AMENDED COMPLAINT BE FILED BY 2PM MAY 27 2011; If any party wishes to submit additional briefing, such party must do so by 2pm May 31 2011. (Ordered by Judge John McBryde on 5/25/2011) (wrb)
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| Filing 89 Plaintiffs' PROPOSED First Amended Original Complaint Filed Pursuant to Order Dated May 19 2011 filed by DSW Masters Holding Corp, Michael LeBlanc. (Attachments: #1 Additional Page(s)) (wrb) |
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Filing 88
ORDER...if plaintiffs wish to pursue further their motion for leave to file amended complaint, they shall file by 2pm 5/25/2011 a version of the proposed first amended original complaint with all additions to and deletions from the original complaint identified in such a way that the court can readily see the differences between the proposed first amended orig complaint and the original complaint. Further ordered that the doc to be filed by pltfs contain all of the language pltfs propose to have in their first amd orig complaint plus all language that was in the orig complaint that pltfs propose to delete from the first amd orig complaint; that all deleted language be underlined in such doc; that in such doc all language added to be put in italics; and that such document be accompanied, when filed, by an appropriate cover document that explains its attachment and why it is being filed. (Ordered by Judge John McBryde on 5/19/2011) (wrb) Modified on 5/20/2011 (wrb).
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| Filing 87 REPLY BRIEF filed by DSW Masters Holding Corp, Michael LeBlanc re: #72 MOTION for Leave to File Amended Complaint (dld) |
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Filing 86
FINAL JUDGMENT AS TO CERTAIN PARTIES....all claims by pltfs against State Farm are dism w/prej; State Farm General Insurance Company terminated. (Ordered by Judge John McBryde on 5/6/2011) (wrb)
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| Filing 85 JOINT NOTICE OF STIPULATION OF DISMISSAL WITH PREJUDICE filed by DSW Masters Holding Corp, Michael LeBlanc, State Farm General Insurance Company (wrb) |
| Filing 84 Appendix in Support filed by National Insurance Crime Bureau, Charles Roberts of Defendants' #83 Response to Motion for Leave to Amend (wrb) |
| Filing 83 NICB Defendants' RESPONSE AND BRIEF IN OPPOSITION filed by National Insurance Crime Bureau, Charles Roberts to #72 MOTION for Leave to Amend #1 Complaint (wrb) |
| Filing 82 Plaintiffs' RESPONSE and Incorporated Brief filed by DSW Masters Holding Corp, Michael LeBlanc to Allstate's #75 Objections and Motion to Strike with incorporated brief (wrb) |
| Filing 81 City Defendants' REPLY filed by Josh Boyd, Kenneth Burton, The City of Haltom City, The Haltom City Police Department, Jeannie Tyree to Plaintiffs' Response #46 MOTION to Dismiss (wrb) |
| Filing 80 Defendant Jay Norris' REPLY to Plaintiffs' Response to the #40 MOTION to Dismiss (wrb) |
| Filing 79 Reply Brief in Support filed by National Insurance Crime Bureau, Charles Roberts of #43 MOTION to Dismiss (wrb) |
| Filing 78 Brief in Support filed by AIG National Insurance Company, Texas Farmers Insurance Company re #77 Reply (egb) |
| Filing 77 REPLY filed by AIG National Insurance Company, Texas Farmers Insurance Company re: #23 MOTION to Dismiss (egb) |
| Filing 76 Appendix in Support filed by Allstate Insurance Company re #75 Objections and MOTION to Strike #50 Brief/Memorandum in Support of Motion (wrb) (Main Document 76 replaced on 4/19/2011) (dld). |
| Filing 75 Allstate Insurance Company's OBJECTIONS AND MOTION to Strike with incorporated brief #50 Brief/Memorandum in Support of Motion filed by Allstate Insurance Company (wrb) (Main Document 75 replaced on 4/19/2011) (dld). |
| Filing 74 Allstate Insurance Company's REPLY to Plaintiffs' Response to the #13 MOTION to Dismiss of Allstate Insurance Company (wrb) |
| Filing 73 Plaintiffs' Brief in Support filed by DSW Masters Holding Corp, Michael LeBlanc of their #72 MOTION For Leave to File Amended #1 Complaint (wrb) |
| Filing 72 Plaintiffs' MOTION For Leave to File Amended #1 Complaint filed by DSW Masters Holding Corp, Michael LeBlanc (Attachments: #1 Additional Page(s)) (wrb) |
| Filing 71 Plaintiffs' Appendix filed by DSW Masters Holding Corp, Michael LeBlanc to their #70 Brief in Support of their Response to the Motion to Dismiss of National Insurance Crime Bureau and Charles Roberts (wrb) |
| Filing 70 Plaintiffs' Brief in Support filed by DSW Masters Holding Corp, Michael LeBlanc of their #69 Response to the Motion to Dismiss of Defendants National Insurance Crime Bureau and Charles Roberts (wrb) |
| Filing 69 Plaintiffs' RESPONSE filed by DSW Masters Holding Corp, Michael LeBlanc to the #43 MOTION to Dismiss of National Insurance Crime Bureau and Charles Roberts (wrb) |
| Filing 68 Plaintiff's Appendix filed by DSW Masters Holding Corp, Michael LeBlanc to their #67 Brief in support of their response to the Motion to Dismiss of City Defendants (wrb) |
| Filing 67 Plaintiffs' Brief in Support filed by DSW Masters Holding Corp, Michael LeBlanc of their #66 Response to the Motion to Dismiss of City Defendants (wrb) |
| Filing 66 Plaintiffs' RESPONSE filed by DSW Masters Holding Corp, Michael LeBlanc to the #46 MOTION to Dismiss of City Defendants (wrb) |
| Filing 65 Plaintiffs' Appendix filed by DSW Masters Holding Corp, Michael LeBlanc to their 64] Brief in Support of Motion to Dismiss of Jay Norris (wrb) |
| Filing 64 Plaintiff's Brief in Support filed by DSW Masters Holding Corp, Michael LeBlanc of their #63 Response to the Motion to Dismiss Original Complaint of Defendant Jay Norris (wrb) |
| Filing 63 Plaintiff's RESPONSE filed by DSW Masters Holding Corp, Michael LeBlanc re: #40 MOTION to Dismiss of Jay Norris (wrb) |
| Filing 62 REPLY Brief in Support filed by GEICO Insurance Company of #19 MOTION to Dismiss (wrb) |
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Filing 61
ORDER granting #57 Unopposed Motion for an Extension of Time to File a Response. (Ordered by Judge John McBryde on 4/6/2011) (egb)
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| Filing 60 Appendix in Support filed by DSW Masters Holding Corp, Michael LeBlanc re #59 Brief/Memorandum in Support of Motion. (npk) |
| Filing 59 Brief/Memorandum in Support filed by DSW Masters Holding Corp, Michael LeBlanc re #58 Response to Motion. (npk) |
| Filing 58 RESPONSE filed by DSW Masters Holding Corp, Michael LeBlanc re: #23 MOTION to Dismiss of Texas Farmers Insurance Company and AIG National Insurance Company. (npk) |
| Filing 57 MOTION for Extension of Time to File Response re: #16 MOTION to Dismiss of State Farm General Insurance Company filed by DSW Masters Holding Corp, Michael LeBlanc. (klm) |
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Filing 56
Order Unfiling #52 MOTION for Extension of Time to File Response re: #16 MOTION to Dismiss filed by Michael LeBlanc, DSW Masters Holding Corp due to the following deficiency: The Motion must include a certificate of conference or inablility to confer. See LR 7.1(b). Certificate of Conference is not signed by attorney. (Ordered by Judge John McBryde on 4/4/2011) (egb)
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| Filing 55 Plaintiff's Appendix filed by DSW Masters Holding Corp, Michael LeBlanc to their #54 Brief in support of their response to the Motion to Dismiss of Geico Insurance Co (wrb) |
| Filing 54 Plaintiff's Brief in Support filed by DSW Masters Holding Corp, Michael LeBlanc of their Response to the #19 MOTION to Dismiss of Geico Insurance Co (wrb) |
| Filing 53 Plaintiffs' RESPONSE filed by DSW Masters Holding Corp, Michael LeBlanc to the #13 MOTION to Dismiss of Allstate Insurance Company (wrb) |
| Filing 52 ***UNFILED PER ORDER OF 4/4/2011*** Plaintiff's UNOPPOSED MOTION for Extension of Time to File Response to the #16 MOTION to Dismiss of State Farm General Insurance Co (wrb) (NOD) Modified on 4/4/2011 (dld). Modified Text on 4/4/2011 (egb). |
| Filing 51 Appendix filed by DSW Masters Holding Corp, Michael LeBlanc to their #50 Brief in support of their response to the motion to dismiss of Allstate Insurance Company (wrb) |
| Filing 50 Brief in Support filed by DSW Masters Holding Corp, Michael LeBlanc of their #49 Response to the Motion to Dismiss of Allstate Insurance Company (wrb) |
| Filing 49 RESPONSE filed by DSW Masters Holding Corp, Michael LeBlanc to the #13 MOTION to Dismiss of Allstate Insurance Company (wrb) |
| Filing 48 CERTIFICATE OF INTERESTED PERSONS by Josh Boyd, Kenneth Burton, The City of Haltom City, The Haltom City Police Department, Jeannie Tyree. (wrb) |
| Filing 47 Appendix filed by Josh Boyd, Kenneth Burton, The City of Haltom City, The Haltom City Police Department, Jeannie Tyree to #46 MOTION to Dismiss and brief in support (wrb) |
| Filing 46 MOTION to Dismiss filed by Josh Boyd, Kenneth Burton, The City of Haltom City, The Haltom City Police Department, Jeannie Tyree with Brief/Memorandum in Support. (wrb) |
| Filing 45 CERTIFICATE OF INTERESTED PERSONS by National Insurance Crime Bureau, Charles Roberts. (wrb) |
| Filing 44 Appendix in Support filed by National Insurance Crime Bureau, Charles Roberts re #43 MOTION to Dismiss Defendants National Insurance Crime Bureau and Charles Roberts (wrb) |
| Filing 43 MOTION to Dismiss Defendants National Insurance Crime Bureau and Charles Roberts, and brief in support (wrb) |
| Filing 42 CERTIFICATE OF INTERESTED PERSONS by Jay Norris. (wrb) |
| Filing 41 Brief in Support filed by Jay Norris re #40 MOTION to Dismiss Plaintiffs' Original Complaint Pursuant to Fed R Civ P 12(b)(6) (wrb) |
| Filing 40 MOTION to Dismiss Plaintiffs' Original Complaint Pursuant to Fed R Civ P 12(b)(6) filed by Jay Norris (wrb) |
| Filing 39 Plaintiffs' AFFIDAVIT IN RESPONSE filed by DSW Masters Holding Corp, Michael LeBlanc TO THE COURT'S ORDER OF FEBRUARY 23 2011 #8 Order, (wrb) |
| Filing 38 SUMMONS Returned Executed as to Texas Farmers Insurance Company ; Served on 2/22/11 upon Tammy Edmiston by private process service (wrb) Modified on 3/24/2011 (dld). |
| Filing 37 SUMMONS Returned Executed as to State Farm General Insurance Company ; served on 2/18/2011; served on Lon Tidwell by private process service (wrb) |
| Filing 36 SUMMONS Returned Executed as to City of Haltom City, Art Camacho, City Secretary; served on 2/22/2011 by private process service (wrb) Modified on 3/24/2011 (dld). |
| Filing 35 SUMMONS Returned Executed as to The Haltom City Police Department, Art Camacho, City Secretary; served on 2/22/2011 on individual by private process service (wrb) Modified on 3/24/2011 (dld). |
| Filing 34 SUMMONS Returned Executed as to Jay Norris ; served on 2/21/2011 on individual by private process service (wrb) |
| Filing 33 SUMMONS Returned Executed as to Jeannie Tyree ; served on 2/18/2011 individually by private process server (wrb) |
| Filing 32 SUMMONS Returned Executed as to Josh Boyd ; served on 2/18/2011 on individual by private process server. (wrb) |
| Filing 31 SUMMONS Returned Executed as to GEICO Insurance Company ; served on Daphne Dudley by private process on 2/18/2011. (wrb) |
| Filing 30 SUMMONS Returned Executed as to Kenneth Burton by personal service on Laura Gladura by process server ; served on 2/22/2011. (wrb) Modified on 3/24/2011 (dld). |
| Filing 29 SUMMONS Returned Executed as to Allstate Insurance Company ; served upon Nashka Taylor for CT Corporation on 2/15/2011 at 3:30 p.m. (wrb) Modified on 3/24/2011 (dld). |
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Filing 28
ORDER granting #21 Motion to Extend Time to File Response/Reply. Defendants shall have until 3/25/2011 within which to respond to Plaintiff's petition. (Ordered by Judge John McBryde on 3/15/2011) (wrb)
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Filing 27
Order Unfiling #20 MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6) filed by AIG National Insurance Company, Texas Farmers Insurance Company due to the following deficiency: pleading filed ECF/must be filed conventionally. (Ordered by Judge John McBryde on 3/15/2011) (wrb)
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| Filing 26 CORPORATE DISCLOSURE STATEMENT by AIG National Insurance Company, Texas Farmers Insurance Company. (wrb) |
| Filing 25 CERTIFICATE OF INTERESTED PERSONS by AIG National Insurance Company, Texas Farmers Insurance Company. (wrb) |
| Filing 24 Brief/Memorandum in Support filed by AIG National Insurance Company, Texas Farmers Insurance Company re #23 MOTION to Dismiss (wrb) |
| Filing 23 MOTION to Dismiss filed by AIG National Insurance Company, Texas Farmers Insurance Company (wrb) |
| Filing 22 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by GEICO Insurance Company. (wrb) |
| Filing 21 Unopposed MOTION for Extension of Time to Respond to Plaintiffs' Complaint filed by National Insurance Crime Bureau, Charles Roberts (wrb) |
| Filing 20 UNFILED PER #27 ORDER... MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6) filed by AIG National Insurance Company, Texas Farmers Insurance Company with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Rogers, Thomas) Modified on 3/16/2011 (dld). |
| Filing 19 MOTION to Dismiss filed by GEICO Insurance Company with Brief/Memorandum in Support. (wrb) |
| Notified by Kristen Blanford that an Unopposed Motion for Extension of Time to File Answer by National Insurance Crime Bureau and Charles Roberts was electronically docketed in error. Document deleted at filer's request and will be resubmitted in proper format. (uls) (uls) |
| Filing 18 Defendant's Corporate DISCLOSURE STATEMENT by State Farm General Insurance Company. (wrb) |
| Filing 17 CERTIFICATE OF INTERESTED PERSONS by State Farm General Insurance Company. (wrb) |
| Filing 16 MOTION to Dismiss or, in the alternative, Motion for More Definite Statement filed by State Farm General Insurance Company (wrb) |
| Filing 15 CERTIFICATE OF INTERESTED PERSONS by Allstate Insurance Company. (wrb) |
| Filing 14 Brief in Support filed by Allstate Insurance Company of its #13 MOTION to Dismiss Plaintiffs' Original Complaint (wrb) |
| Filing 13 MOTION to Dismiss Plaintiffs' Original Complaint filed by Allstate Insurance Company (wrb) |
| Filing 12 Corporate DISCLOSURE STATEMENT by Allstate Insurance Company. (wrb) |
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Filing 11
ORDER granting #10 Motion for Extension of Time to File Answer Josh Boyd answer due 3/25/2011 4pm ; Kenneth Burton answer due 3/25/2011 4pm; The City of Haltom City answer due 3/25/2011 4pm; The Haltom City Police Department answer due 3/25/2011 4pm. (Ordered by Judge John McBryde on 3/10/2011) (wrb)
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| Filing 10 City Defendant's Unopposed Motion for Extension of Time to Briefly Extend Time to Respond to Plaintiffs' Complaint filed by Josh Boyd, Kenneth Burton, The City of Haltom City, The Haltom City Police Department, Jeannie Tyree (wrb) |
| Filing 9 Summons Reissued as to 21st Century National Ins Co AIG National Insurance Company. (wrb) |
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Filing 8
ORDER: By Mar 8 2011, pltfs Michael LeBlanc and DSW Masters Holding Corp dba Collision Masters, file either proof of proper service of summons and complaint on defts, or an instrument containing a satisfactory explanation, in affidavit form, for why such proof cannot be filed. (Ordered by Judge John McBryde on 2/23/2011) (wrb)
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| Filing 7 Summons Reissued as to Jay Norris. (wrb) |
| Filing 6 Summons Reissued as to Jay Norris, Charles Roberts. (wrb) |
| Filing 5 Summons Issued as to AIG National Insurance Company, Allstate Insurance Company, Josh Boyd, Kenneth Burton, GEICO Insurance Company, National Insurance Crime Bureau, Jay Norris, Charles Roberts, State Farm General Insurance Company, Texas Farmers Insurance Company, The City of Haltom City, The Haltom City Police Department, Jeannie Tyree. (wrb) |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS by Michael LeBlanc. (wrb) |
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Filing 3
ORDER: Unless plaintiffs, Michael LeBlanc and DSW Masters Holding Corp file by Jan 10 2011, a certificate of interested persons, the court will consider the dismissal, without further notice, of plaintiffs' claims and causes of action against defendants. (Ordered by Judge John McBryde on 1/3/2011) (wrb)
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Filing 2
Standing ORDER Concerning Paper Filing in Cases Assigned to District Judge John McBryde...see order for specifics. (Ordered by Judge John McBryde on 10/26/2010) (klm)
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| Filing 1 COMPLAINT WITH JURY DEMAND against AIG National Insurance Company, Allstate Insurance Company, Josh Boyd, Kenneth Burton, GEICO Insurance Company, National Insurance Crime Bureau, Jay Norris, Charles Roberts, State Farm General Insurance Company, Texas Farmers Insurance Company, The City of Haltom City, The Haltom City Police Department, Jeannie Tyree filed by DSW Masters Holding Corp, Michael LeBlanc. (Filing fee $350; Receipt number FW12630) Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership (klm) |
| New Case Notes: A filing fee has been paid. File to Judge McBryde. (klm) |
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