Johnston et al v. Char-Broil, LLC et al
| Danette Johnston and C. Sidney Johnston |
| Ferrellgas, Inc., Blue Rhino Corporation and Char-Broil, LLC |
| ADR Provider |
| 4:2020cv00424 |
| May 1, 2020 |
| US District Court for the Northern District of Texas |
| Mark Pittman |
| Torts/Pers Inj: Product Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 19, 2022. A more recent docket listing may be available from PACER.
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Filing 128
RESPONSE filed by C. Sidney Johnston, Danette Johnston re: #124 MOTION RULE 50(B) MOTION FOR JUDGMENT AS A MATTER OF LAW, MOTION FOR NEW TRIAL, AND MOTION FOR REMITTITUR (Tavares, Cesar)
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Filing 127
NOTICE of Posting Bond filed by Ferrellgas, Inc. (Berg, Lars)
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Filing 126
ORDER granting #122 Motion Approve Supersedeas Bond and Stay of Execution Pending Appeal (Ordered by Judge Mark Pittman on 1/15/2022) (chmb) (lcdlc)
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Filing 125
Appendix in Support filed by Ferrellgas, Inc. re #124 MOTION RULE 50(B) MOTION FOR JUDGMENT AS A MATTER OF LAW, MOTION FOR NEW TRIAL, AND MOTION FOR REMITTITUR (Berg, Lars)
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Filing 124
MOTION RULE 50(B) MOTION FOR JUDGMENT AS A MATTER OF LAW, MOTION FOR NEW TRIAL, AND MOTION FOR REMITTITUR filed by Ferrellgas, Inc. with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Berg, Lars)
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Filing 123
Appendix in Support filed by Ferrellgas, Inc. re #122 MOTION Expedited Motion to Approve Supersedeas Bond and For Stay of Execution of Judgment Pending Appeal (Berg, Lars)
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Filing 122
MOTION Expedited Motion to Approve Supersedeas Bond and For Stay of Execution of Judgment Pending Appeal filed by Ferrellgas, Inc. with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Berg, Lars)
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Filing 121
FINAL JUDGMENT... This Final Judgment is issued pursuant to Federal Rule of Civil Procedure 58. Per the Courts Order entered on December 17, 2021, it is ORDERED, ADJUDGED, and DECREED that Plaintiffs C. Sidney Johnston and Danette Johnston (Plaintiffs). Pursuant to LR 79.2 and LCrR 55.2, exhibits may be claimed during the 60-day period following final disposition (to do so, follow the procedures found at #Exhibit Guide). The clerk will discard exhibits that remain unclaimed after the 60-day period without additional notice. (Clerk to notice any party not electronically noticed.) (Ordered by Judge Mark Pittman on 12/17/2021) (wxc)
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Filing 120
ORDER granting #109 ...Before the Court is the Motion for Entry of Judgment (Motion), filed November 24, 2021. ECF No #109 . Having considered the Motion, responsive briefing, the jury verdict, and applicable law, the Court will GRANT the Motion. (Ordered by Judge Mark Pittman on 12/17/2021) (wxc)
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Filing 119
RESPONSE filed by Ferrellgas, Inc. re: #109 MOTION for Judgment (Berg, Lars)
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Filing 118
NOTICE of Attorney Appearance by Lars L Berg for Caitlyn E. Hubbard on behalf of Ferrellgas, Inc.. (Berg, Lars)
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Filing 117
NOTICE of Attorney Appearance by Lars L Berg on behalf of Ferrellgas, Inc.. (Filer confirms contact info in ECF is current.) (Berg, Lars)
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Filing 116
Notice of Filing of Official Electronic Transcript of Volume 6 - Jury Trial Proceedings held on November 17, 2021 before Judge Mark T. Pittman. Court Reporter/Transcriber Monica Guzman, Telephone number 817-850-6681 or mguzman.csr@yahoo.com. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. 3509, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (85 pages) Redaction Request due 1/3/2022. Redacted Transcript Deadline set for 1/13/2022. Release of Transcript Restriction set for 3/14/2022. (mwg)
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Filing 115
Notice of Filing of Official Electronic Transcript of Volume 5 - Jury Trial Proceedings held on November 16, 2021 before Judge Mark T. Pittman. Court Reporter/Transcriber Monica Guzman, Telephone number 817-850-6681 or mguzman.csr@yahoo.com. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. 3509, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (217 pages) Redaction Request due 1/3/2022. Redacted Transcript Deadline set for 1/13/2022. Release of Transcript Restriction set for 3/14/2022. (mwg)
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Filing 114
Notice of Filing of Official Electronic Transcript of Volume 4 - Jury Trial Proceedings held on November 15, 2021 before Judge Mark T. Pittman. Court Reporter/Transcriber Monica Guzman, Telephone number 817-850-6681 or mguzman.csr@yahoo.com. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. 3509, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (145 pages) Redaction Request due 1/3/2022. Redacted Transcript Deadline set for 1/13/2022. Release of Transcript Restriction set for 3/14/2022. (mwg)
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Filing 113
(Document Restricted) Notice of Filing of SEALED Electronic Transcript of Volume 3 - Voir Dire Proceedings held on November 15, 2021 before Judge Mark T. Pittman. Court Reporter/Transcriber Monica Guzman, Telephone number 817-850-6681 or mguzman.csr@yahoo.com. (58 pages) (mwg)
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Filing 112
Notice of Filing of Official Electronic Transcript of Volume 2 - Pretrial Proceedings held on November 15, 2021 before Judge Mark T. Pittman. Court Reporter/Transcriber Monica Guzman, Telephone number 817-850-6681 or mguzman.csr@yahoo.com. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. 3509, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (23 pages) Redaction Request due 1/3/2022. Redacted Transcript Deadline set for 1/13/2022. Release of Transcript Restriction set for 3/14/2022. (mwg)
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Filing 111
Notice of Filing of Official Electronic Transcript of Volume 1 - Master Index Proceedings held on November 15-17, 2021 before Judge Mark T. Pittman. Court Reporter/Transcriber Monica Guzman, Telephone number 817-850-6681 or mguzman.csr@yahoo.com. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. 3509, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (13 pages) Redaction Request due 1/3/2022. Redacted Transcript Deadline set for 1/13/2022. Release of Transcript Restriction set for 3/14/2022. (mwg)
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Filing 110
Notice of Filing of Official Electronic Transcript of Trial Testimony - James Magrath Proceedings held on November 15, 2021 before Judge Mark T. Pittman. Court Reporter/Transcriber Monica Guzman, Telephone number 817-850-6681 or mguzman.csr@yahoo.com. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. 3509, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (66 pages) Redaction Request due 12/20/2021. Redacted Transcript Deadline set for 12/30/2021. Release of Transcript Restriction set for 2/28/2022. (mwg)
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Filing 109
MOTION for Judgment filed by C. Sidney Johnston, Danette Johnston (Attachments: #1 Exhibit(s) Proposed Order, #2 Exhibit(s)) (Tavares, Cesar)
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Filing 108
Exhibit List Joint Trial Exhibit List by Ferrellgas, Inc.. (Attachments: #1 Exhibit(s) D-1 to D-25, #2 Exhibit(s) D-26 to D-32, #3 Exhibit(s) D-33 Part 1, #4 Exhibit(s) D-33 Part 2, #5 Exhibit(s) D-33 Part 3, #6 Exhibit(s) D-33 Part 4, #7 Exhibit(s) D-34 to D-55) (Bowline, Courtney)
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Filing 107
ELECTRONIC Minute Entry for proceedings held before Judge Mark Pittman: Jury Trial Completed on 11/17/2021. Jury Verdict rendered. Attorney Appearances: Plaintiff - Cesar Tavares, Scott Chafin, Jr.; Defense - Michael McMullen, Courtney Bowline. (Court Reporter: Monica Guzman) (Exhibits admitted) Time in Court - 1:53. (chmb)
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Filing 106
JURY VERDICT. (pef)
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Filing 105
Jury Note #1. (pef)
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Filing 104
Jury Charge. (pef)
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Filing 103
MEMORANDUM IN OPPOSITION filed by C. Sidney Johnston, Danette Johnston re #102 MOTION for Judgment As a Matter of Law (Tavares, Cesar) Modified document title on 11/18/2021 (pef).
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Filing 102
MOTION for Judgment As a Matter of Law filed by Ferrellgas, Inc. (Bowline, Courtney)
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Filing 101
NOTICE of Attorney Appearance by Laura Maninger on behalf of Ferrellgas, Inc.. (Filer confirms contact info in ECF is current.) (Maninger, Laura)
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Filing 100
ELECTRONIC Minute Entry for proceedings held before Judge Mark Pittman: Jury Trial Day 2 Held on 11/16/2021. Attorney Appearances: Plaintiff - Cesar Tavares, Scott Chafin, Jr.; Defense - Michael McMullen, Courtney Bowline. (Court Reporter: Monica Guzman) (Exhibits admitted) Time in Court - 7:00 (chmb) Modified time in court per DJ chambers on 11/18/2021 (pef).
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Filing 99
ELECTRONIC Minute Entry for proceedings held before Judge Mark Pittman: Jury Trial Begun on 11/15/2021. Attorney Appearances: Plaintiff - Cesar Tavares, Scott Chafin, Jr., Jennifer Richards; Defense - Michael McMullen, Courtney Bowline. (Court Reporter: Monica Guzman) (Exhibits admitted) Time in Court - 3:09. (chmb)
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Filing 98
ELECTRONIC Minute Entry for proceedings held before Judge Mark Pittman: Pretrial Conference held on 11/15/2021. Attorney Appearances: Plaintiff - Cesar Tavares, Scott Chafin, Jr.; Defense - Michael McMullen, Courtney Bowline. (Court Reporter: Monica Guzman) (No exhibits) Time in Court - 1:15. (chmb)
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Filing 97
Exhibit List Second Amended by C. Sidney Johnston, Danette Johnston. (Tavares, Cesar)
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Filing 96
ORDER: To accommodate the Court's docket, the Court RESETS the trial in this case as follows: On 11/15/2021 at 9:00 a.m., the parties shall appear for the pretrial conference detailed in ECF Order No. #53 . The trial will commence the same day at 10:30 AM before Judge Mark Pittman. (Ordered by Judge Mark Pittman on 11/8/2021) (twd)
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Filing 95
ORDER: On November 15, 2021 at 9:00 a.m., the parties shall appear for the pretrial conference detailed in ECF Order No. #53 . The trial will commence immediately thereafter. (Ordered by Judge Mark Pittman on 10/7/2021) (bdb)
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Filing 94
JOINT NOTICE of CONFLICTS WITH THE COURTS ORDER REGARDING NEW TRIAL SETTING filed by C. Sidney Johnston, Danette Johnston (Tavares, Cesar) Modified document title on 10/5/2021 (pef).
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Filing 93
ORDER: In accordance with the Court's previous order (ECF No. #92 ), the Court RESETS the pretrial conference and trial in this case as follows: On October 25, 2021 at 9:00 a.m., the parties shall appear for the pretrial conference detailed in ECF Order No. #53 . The trial will commence immediately thereafter. If any of the parties have bona fide conflicts with that trial setting, they shall confer with opposing counsel and then submit a notice indicating there is a conflict and providing the next three Mondays (non-holidays) in which all parties are available. Any such notice shall be filed on or before October 4, 2021. (Ordered by Judge Mark Pittman on 9/29/2021) (pef)
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Filing 92
ORDER: This case is currently set for pretrial conference tomorrow, September 17, 2021 at 8:30 a.m. and for trial to begin shortly thereafter at 11:00 a.m. At approximately 3:00 p.m. today, the Court has been made aware of a COVID-19 exposure in the chambers of the undersigned. Accordingly, in an abundance of caution, in the interest of health and public safety, and to effectively manage the Court's docket, the Court hereby CANCELS the pretrial hearing, settlement conference with Judge Cureton, and trial, with all to be reset at a later time with the input of the parties. (Ordered by Judge Mark Pittman on 9/16/2021) (pef)
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Filing 91
ELECTRONIC ORDER: Pretrial Conference RESET for 9/17/2021 at 8:30 AM in US Courthouse, Courtroom 4th Floor, 501 W. 10th St. Fort Worth, TX 76102-3673 before Judge Mark Pittman. (Ordered by Judge Mark Pittman on 9/16/2021) (chmb)
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Filing 90
NOTICE of Joint Statement Re Issues from the Parties' Page/Line Designations filed by Ferrellgas, Inc. (Bowline, Courtney)
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Filing 89
Exhibit List Second Amended by Ferrellgas, Inc.. (Bowline, Courtney)
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Filing 88
Exhibit List Amended by Ferrellgas, Inc.. (Bowline, Courtney)
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Filing 87
ORDER REGARDING SETTLEMENT CONFERENCE: Pursuant to the Order referring this matter to the undersigned for a settlement conference and setting the settlement conference for September 17, 2021 [doc. #74 ], the parties are FURTHER ORDERED that each party shall submit to the chambers of the undersigned a completed Confidential Settlement Conference Information Sheet, a copy which is attached at Exhibit B to this order, no later than 12:00 p.m. on Wednesday, September 15, 2021. In addition, the parties are to report to Courtroom No. 508 in the Eldon B. Mahon United States Courthouse, 501 West 10th Street, Fort Worth, Texas, immediately after the pretrial conference for the settlement conference. (Ordered by Magistrate Judge Jeffrey L. Cureton on 9/13/2021) (pef)
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Filing 86
Exhibit List Amended by C. Sidney Johnston, Danette Johnston. (Tavares, Cesar)
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Filing 85
ORDER: Before the Court is Defendant Ferrellgas, Inc.'s Motion to Exclude Dr. Dhanyamraju and Lone Star Neurology (ECF No. #44 ) and Motion to Exclude Scott Buske (ECF No. #47 ). The Court concludes that the Motions should be and hereby are DENIED. (Ordered by Judge Mark Pittman on 9/10/2021) (pef)
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Filing 84
ORDER: Before the Court is Ferrellgas, Inc.'s Motion in Limine (ECF No. #54 ), Objections to Plaintiffs' Pretrial Disclosures (ECF No. #61 ), and Plaintiffs' Objections to Pretrial Disclosures (ECF No. #62 ). The Motion is DENIED without prejudice and the Objections are OVERRULED without prejudice. (Ordered by Judge Mark Pittman on 9/10/2021) (pef)
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Filing 83
ELECTRONIC ORDER granting #76 Application for Admission Pro Hac Vice of Scott J. Chafin, Jr.. 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 Mark Pittman on 9/10/2021) (chmb)(cpb)
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Filing 82
Appendix in Support filed by C. Sidney Johnston, Danette Johnston re #80 Response/Objection Motion to Exclude Buske (Tavares, Cesar)
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Filing 81
Brief/Memorandum in Support filed by C. Sidney Johnston, Danette Johnston re #80 Response/Objection Motion to Exclude Buske (Tavares, Cesar)
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Filing 80
RESPONSE filed by C. Sidney Johnston, Danette Johnston re: #47 MOTION Exclude Scott Buske (Attachments: #1 Proposed Order) (Tavares, Cesar)
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Filing 79
Appendix in Support filed by C. Sidney Johnston, Danette Johnston re #77 Response/Objection Motion to Exclude Dr. Dhanyamraju and Lone Star Neurology (Tavares, Cesar)
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Filing 78
Brief/Memorandum in Support filed by C. Sidney Johnston, Danette Johnston re #77 Response/Objection Motion to Exclude Dr. Dhanyamraju and Lone Star Neurology (Tavares, Cesar)
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Filing 77
RESPONSE filed by C. Sidney Johnston, Danette Johnston re: #44 MOTION Exclude Dr. Dhanyamraju and Lone Star Neurology (Attachments: #1 Proposed Order) (Tavares, Cesar)
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Filing 76
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Scott J. Chafin, Jr. (Filing fee $100; Receipt number 0539-12205884) filed by C. Sidney Johnston, Danette Johnston (Attachments: #1 Affidavit(s) Certificate of Good Standing) (Tavares, Cesar)
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Filing 75
ORDER: Before the Court is an Agreed Motion for Jury Questionnaire. ECF No. #73 . Having considered the Agreed Motion, the Court finds that it should be and hereby is DENIED. (Ordered by Judge Mark Pittman on 9/9/2021) (pef)
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Filing 74
ORDER: The Court RESETS the pretrial conference and trial in this case as follows: On September 17, 2021 at 8:00 a.m., the parties shall appear for the pretrial conference. Immediately thereafter, the parties shall participate in a settlement conference with United States Magistrate Judge Jeffrey L. Cureton in the Fourth Floor Jury Room. The trial will then commence at 11:00 a.m. on September 17, 2021. (Ordered by Judge Mark Pittman on 9/9/2021) (pef) (Main Document 74 replaced and text modified on 9/9/2021 per DJ chambers) (pef).
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Filing 73
Agreed MOTION for Jury Questionnaire filed by Ferrellgas, Inc. (Attachments: #1 Proposed Order) (Bowline, Courtney) Modified document title on 9/9/2021 (pef).
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Filing 72
Proposed Voir Dire by Ferrellgas, Inc.. (Bowline, Courtney)
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Filing 71
Proposed Voir Dire by C. Sidney Johnston, Danette Johnston. (Tavares, Cesar)
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Filing 70
ORDER: Before the Court is Plaintiffs' Unopposed Motion to Conduct Settlement Conference Remotely Due to Lead Counsels COVID-19 Diagnosis #63 . In the Motion, Plaintiffs explain that their lead counsel cannot appear at the settlement conference as required in the Courts Amended Scheduling Order by the September 15, 2021 deadline because he developed COVID-19 symptoms on September 5, 2021, so he will need to quarantine for 10 days. To accommodate Plaintiffs' lead counsel, the Court hereby EXTENDS the deadline for the parties to conduct the settlement conference up to and including September 16, 2021. Accordingly, the Motion to Conduct Settlement Conference Remotely is DENIED as moot. (Ordered by Judge Mark Pittman on 9/8/2021) (sre)
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Filing 69
Exhibit List by C. Sidney Johnston, Danette Johnston. (Tavares, Cesar)
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Filing 68
Witness List by C. Sidney Johnston, Danette Johnston. (Tavares, Cesar)
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Filing 67
Designation of Deposition by C. Sidney Johnston, Danette Johnston. (Tavares, Cesar)
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Filing 66
Witness List by Ferrellgas, Inc.. (Bowline, Courtney)
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Filing 65
Exhibit List by Ferrellgas, Inc.. (Bowline, Courtney)
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Filing 64
Designation of Deposition by Ferrellgas, Inc.. (Bowline, Courtney)
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Filing 63
MOTION to Conduct Settlement Conference Remotely filed by C. Sidney Johnston, Danette Johnston (Attachments: #1 Proposed Order) (Tavares, Cesar)
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Filing 62
OBJECTION filed by C. Sidney Johnston, Danette Johnston re: #51 Pretrial Disclosures (Tavares, Cesar)
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Filing 61
OBJECTION filed by Ferrellgas, Inc. re: #50 Pretrial Disclosures (Bowline, Courtney)
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Filing 60
Proposed Jury Charge filed by C. Sidney Johnston, Danette Johnston. (Tavares, Cesar)
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Filing 59
Appendix in Support filed by Ferrellgas, Inc. re #58 Brief/Memorandum in Support of Motion in Limine to Exclude Previous Incidents (Bowline, Courtney)
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Filing 58
Brief/Memorandum in Support filed by Ferrellgas, Inc. re #54 MOTION in Limine to Exclude Previous Incidents (Bowline, Courtney)
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Filing 57
Appendix in Support filed by Ferrellgas, Inc. re #56 Brief/Memorandum in Support of Motion re Golden Rule, Reptile & Community Safety (Bowline, Courtney)
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Filing 56
Brief/Memorandum in Support filed by Ferrellgas, Inc. re #54 MOTION in Limine re Golden Rule, Reptile & Community Safety (Bowline, Courtney)
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Filing 55
Appendix in Support filed by Ferrellgas, Inc. re #54 MOTION in Limine (Bowline, Courtney)
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Filing 54
MOTION in Limine filed by Ferrellgas, Inc. (Attachments: #1 Proposed Order) (Bowline, Courtney)
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Filing 53
ORDER: Having considered the #52 Motion for Leave and attachments thereto, the Court finds that it should be and hereby is DENIED. The Court sets this case for a pretrial conference at 10:00 a.m. on September 17, 2021. The hearing will be held in the Fourth Floor Courtroom of the Eldon B. Mahon Federal Courthouse at 501 W. 10th St., Fort Worth, Texas 76102. (See order for further specifics) (Ordered by Judge Mark Pittman on 8/26/2021) (pef)
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Filing 52
MOTION for Leave to File Motion for Continuance filed by Ferrellgas, Inc. (Attachments: #1 Motion for Continuance) (Bowline, Courtney)
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Filing 51
Defendant's Pretrial Disclosures filed by Ferrellgas, Inc.. (Bowline, Courtney)
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Filing 50
Plaintiffs' Pretrial Disclosures filed by C. Sidney Johnston, Danette Johnston. (Tavares, Cesar)
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Filing 49
Appendix in Support re #48 MOTION Brief in Support of Motion to Exclude Scott Buske re #47 MOTION Exclude Scott Buske filed by Ferrellgas, Inc. (Bowline, Courtney) Modified document title on 8/23/2021 (pef).
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Filing 48
Brief in Support of Motion to Exclude Scott Buske re #47 MOTION Exclude Scott Buske filed by Ferrellgas, Inc. (Bowline, Courtney) Modified document title on 8/23/2021 (pef).
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Filing 47
MOTION Exclude Scott Buske filed by Ferrellgas, Inc. (Attachments: #1 Proposed Order) (Bowline, Courtney)
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Filing 46
Appendix in Support re #44 MOTION Exclude Dr. Dhanyamraju and Lone Star Neurology, #45 MOTION Brief in Support of Motion to Exclude Dr. Dhanyamraju and Lone Star Neurology re #44 MOTION Exclude Dr. Dhanyamraju and Lone Star Neurology filed by Ferrellgas, Inc. (Bowline, Courtney) Modified document title on 8/23/2021 (pef).
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Filing 45
Brief in Support of Motion to Exclude Dr. Dhanyamraju and Lone Star Neurology re #44 MOTION Exclude Dr. Dhanyamraju and Lone Star Neurology filed by Ferrellgas, Inc. (Bowline, Courtney) Modified document title on 8/23/2021 (pef).
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Filing 44
MOTION Exclude Dr. Dhanyamraju and Lone Star Neurology filed by Ferrellgas, Inc. with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Bowline, Courtney)
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Filing 43
NOTICE of Conflicting Setting filed by Ferrellgas, Inc. (Bowline, Courtney)
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Filing 42
ORDER: Before the Court is a letter from the parties. ECF No. #41 . Having considered the letter and to accommodate the expert witness's schedule, the Court finds that trial should be and hereby is RESET. Therefore, it is ORDERED that trial in this matter will begin at 9:00 a.m. on September 20, 2021 in the Fourth Floor Courtroom of the Eldon B. Mahon United States Courthouse, 501 W. Tenth Street, Fort Worth, Texas 76102 before Judge Mark Pittman. All other deadlines in the Amended Scheduling Order (ECF No. #25 ) remain unchanged. (Ordered by Judge Mark Pittman on 8/5/2021) (pef)
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Filing 41
NOTICE of Letter to Court re Trial Setting filed by Ferrellgas, Inc. (Bowline, Courtney)
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Filing 40
AFFIDAVIT Return of Service of Subpoena to Produce Documents by Ferrellgas, Inc.. (Bowline, Courtney)
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Filing 39
ORDER: Before the Court is the parties' Joint Stipulation as to Bystander Claims. ECF No. #38 . Having reviewed the Joint Stipulation, the Court finds that it disposes of Defendant's Motion for Summary Judgment. ECF No. #35 . Accordingly, all of Plaintiff Danette Johnston's bystander claims are DISMISSED with prejudice. (Ordered by Judge Mark Pittman on 7/9/2021) (pef)
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Filing 38
Joint STIPULATION as to Bystander Claims by C. Sidney Johnston, Danette Johnston. (Tavares, Cesar) Modified filers on 6/24/2021 (pef).
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Filing 37
Appendix in Support filed by Ferrellgas, Inc. re #36 Brief/Memorandum in Support of Motion, #35 MOTION for Partial Summary Judgment As to Danette Johnston's Bystander Claims (Bowline, Courtney)
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Filing 36
Brief/Memorandum in Support filed by Ferrellgas, Inc. re #35 MOTION for Partial Summary Judgment As to Danette Johnston's Bystander Claims (Bowline, Courtney)
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Filing 35
MOTION for Partial Summary Judgment As to Danette Johnston's Bystander Claims filed by Ferrellgas, Inc. (Bowline, Courtney)
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Filing 34
SUPPLEMENTAL DESIGNATION OF EXPERT WITNESSES by Ferrellgas, Inc. as to #27 Designation of Experts . (Bowline, Courtney) Modified document title on 4/6/2021 (pef).
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Filing 33
STIPULATION OF DISMISSAL as to Char-Broil, LLC Only by C. Sidney Johnston, Danette Johnston. (Tavares, Cesar) Modified filers on 3/18/2021 (pef).
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Filing 32
ORDER: Before the Court is Plaintiff's Unopposed Motion to Continue the Court's Scheduled In-Person Mediation by One Week. ECF No. #31 . Having considered the Motion, the Court finds that it should be and hereby is DENIED. (Ordered by Judge Mark Pittman on 3/16/2021) (pef)
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Filing 31
MOTION Continue Court's Scheduled in person Mediation filed by C. Sidney Johnston, Danette Johnston. (Attachments: #1 Proposed Order) (Tavares, Cesar) Modified filers on 3/17/2021 (pef).
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Filing 30
ORDER: Before the Court is a Motion to Extend Time for Mediation Deadline. ECF No. #28 . Having considered the motion, the Court finds that it should be and hereby is GRANTED. Therefore, IT IS HEREBY ORDERED that beginning at 9:00 a.m. on Wednesday, April 14, 2021, the parties (or a representative with full settlement authority) and their counsel shall conduct an in-person mediation in the Fifth Floor Courtroom of the Eldon B. Mahon United States Courthouse, located at 501 W. 10th Street, Fort Worth, Texas before Mr. David Seidler. (Ordered by Judge Mark Pittman on 3/10/2021) (pef)
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Filing 29
RESPONSE filed by Char-Broil, LLC re: #28 MOTION to Extend Time for Mediation Deadline (Attachments: #1 Exhibit(s) A-1, #2 Exhibit(s) A-2, #3 Exhibit(s) B, #4 Exhibit(s) C) (Baggett, Tamara)
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Filing 28
MOTION to Extend Time for Mediation Deadline filed by Ferrellgas, Inc. (Attachments: #1 Proposed Order) (Bowline, Courtney)
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Filing 27
Designation of Experts by Ferrellgas, Inc.. (Bowline, Courtney)
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Filing 26
Designation of Experts by Char-Broil, LLC. (Clark, James)
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Filing 25
AMENDED SCHEDULING ORDER: This case is set for trial on this Court's four-week docket beginning October 4, 2021 before Judge Mark Pittman. Counsel and the parties shall be ready for trial on two days' notice at any time during this four-week period. Motions due by 6/2/2021. Deadline for mediation is on or before 3/10/2021. Discovery due by 5/3/2021. Pretrial Order due by 9/7/2021. (Ordered by Judge Mark Pittman on 2/10/2021) (pef)
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Filing 24
Unopposed MOTION to Continue filed by Char-Broil, LLC, Ferrellgas, Inc. (Attachments: #1 Exhibit(s)) (Baggett, Tamara) Modified filers and docket text on 2/10/2021 (pef).
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Filing 23
ORDER: Having reviewed the #22 Motion, the Court finds that it should be and is hereby GRANTED. Plaintiffs shall disclose their Expert Witness reports and other information required under Rule 26 on or before January 15, 2021. Defendants shall do the same on or before February 12, 2021. (Ordered by Judge Mark Pittman on 1/12/2021) (pef)
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Filing 22
Unopposed MOTION for Extension of Time to File Disclosure of Expert Witness Reports and Other Information filed by C. Sidney Johnston, Danette Johnston (Richards, Jennifer)
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Filing 21
Designation of Experts by C. Sidney Johnston, Danette Johnston. (Richards, Jennifer)
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Filing 20
ORDER granting #19 ... Before the Court is the Parties Joint Motion for Entry of Agreed Protective Order. ECF No. 19. Having reviewed the Motion and the Parties Proposed Protective Order, the Court finds that it should be and is hereby GRANTED. Parties are referred to the Proposed Order executed by the Court, which is attached as Exhibit 1. (Ordered by Judge Mark Pittman on 9/22/2020) (wxc)
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Filing 19
Joint MOTION for Protective Order filed by Char-Broil, LLC (Attachments: #1 Exhibit(s) 1 (Proposed Protective Order)) (Mohan, Sushant)
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Filing 18
NOTICE of Attorney Appearance by Sushant Mohan on behalf of Char-Broil, LLC. (Filer confirms contact info in ECF is current.) (Mohan, Sushant)
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Filing 17
ORDER: Before the Court is Defendant Char-Broil, LLC's Objection to Appointment of Mediator (ECF No. #16 ). Having reviewed the Objection, the Court finds that it should be and hereby is OVERRULED. The parties SHALL mediate before Mr. Seidler in accordance with the Court's Scheduling Order (ECF No. #15 ). (Ordered by Judge Mark Pittman on 7/6/2020) (pef)
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Filing 16
OBJECTION filed by Char-Broil, LLC re: #15 Scheduling Order,, Add and Terminate Parties,, Add and Terminate Attorneys, (Baggett, Tamara)
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Filing 15
SCHEDULING ORDER: This case is set for trial on this Court's four-week docket beginning August 30, 2021. Joinder of Parties due by 8/21/2020. Amended Pleadings due by 8/21/2020. Motions due by 5/3/2021. Deadline for mediation is on or before 3/3/2021. Discovery due by 4/2/2021. Pretrial Order due by 8/5/2021. David R Seidler for ADR Provider added. (Ordered by Judge Mark Pittman on 6/22/2020) (pef)
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Filing 14
Proposal for contents of scheduling and discovery order JOINT RULE 26(F) CONFERENCE REPORT by Blue Rhino Corporation, Char-Broil, LLC, Ferrellgas, Inc.. (Bowline, Courtney)
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Filing 13
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by C. Sidney Johnston, Danette Johnston. (Tavares, Cesar)
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Filing 12
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Ferrellgas, Inc. identifying Corporate Parent/Other Affiliate Ferrell Companies, Inc. for Ferrellgas, Inc.. (Bowline, Courtney)
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Filing 11
NOTICE of Attorney Appearance by Jennifer Salim Richards on behalf of C. Sidney Johnston, Danette Johnston. (Filer confirms contact info in ECF is current.) (Richards, Jennifer)
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Filing 10
ELECTRONIC ORDER granting #8 Application for Admission Pro Hac Vice of Teresa E. Hurla. 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 Mark Pittman on 5/14/2020) (chmb)(twi)
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Filing 9
ELECTRONIC ORDER granting #7 Application for Admission Pro Hac Vice of Michael C. McMullen. 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 Mark Pittman on 5/14/2020) (chmb)(twi)
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Filing 8
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Teresa E. Hurla (Filing fee $100; Receipt number 0539-10835868) filed by Ferrellgas, Inc. (Attachments: #1 Certificate of good Standing, #2 Proposed Order) (Bowline, Courtney) Modified docket text on 5/14/2020 (pef).
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Filing 7
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Michael C. McMullen (Filing fee $100; Receipt number 0539-10835815) filed by Ferrellgas, Inc. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Bowline, Courtney)
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Filing 6
ORDER: A review of the record reveals that Plaintiffs C. Sidney Johnston and Danette Johnston are not in compliance with Local Rule 83.10(a). Accordingly, Plaintiffs shall file the entry of appearance of local counsel satisfying the requirements of Local Rule 83.10(a) on or before May 27, 2020. (Ordered by Judge Mark Pittman on 5/13/2020) (pef)
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Filing 5
ELECTRONIC ORDER granting #4 Application for Admission Pro Hac Vice of James C. Clark, Jr.. 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 Mark Pittman on 5/12/2020) (chmb)(twi)
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Filing 4
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney James C. Clark, Jr. (Filing fee $100; Receipt number 0539-10830459) filed by Char-Broil, LLC (Attachments: #1 Letter of Good Standing, #2 Proposed Order) (Baggett, Tamara)
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Filing 3
New Case Notes: A filing fee has been paid. File to: Judge Pittman. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (pef)
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Filing 2
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Char-Broil, LLC. (Baggett, Tamara)
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Filing 1
NOTICE OF REMOVAL WITH JURY DEMAND from 153rd Judicial District Court of Tarrant County, Texas, case number 153-316312-20 filed by Char-Broil, LLC. (Filing fee $400; receipt number 0539-10809399) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy 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 Cover Sheet, #2 Cover Sheet Supplement, #3 Exhibit(s) A, #4 Exhibit(s) B, #5 Exhibit(s) C-1, #6 Exhibit(s) C-2, #7 Exhibit(s) C-3, #8 Exhibit(s) C-4, #9 Exhibit(s) C-5, #10 Exhibit(s) C-6, #11 Exhibit(s) C-7, #12 Exhibit(s) C-8, #13 Exhibit(s) D) (Baggett, Tamara)
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