AFS Logistics LLC v. Tetria Global Logistics LLC et al
| AFS Logistics, LLC and AFS Logistics LLC |
| Tetria Global Logistics, LLC, Novapath Supply Chain Systems, Inc., David Proctor, Warren Patterson, Scott Boyer, Jeffrey Hoban, Sheila Hewitt, Steven Mitchell, Sean Leber, Novapath Supply Chain Systems Inc, Veronical Rinaldo, Lindsay Walker, Tony Winters and Michael Richardson |
| ADR Provider |
| 4:2021cv01086 |
| September 24, 2021 |
| US District Court for the Northern District of Texas |
| Reed C O'Connor |
| Contract: Other Contract |
| 28 U.S.C. § 1332 Diversity-Account Receivable |
| None |
Docket Report
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This docket was last retrieved on October 20, 2022. A more recent docket listing may be available from PACER.
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Filing 59
ORDER finding as moot #23 ...Now that Defendants have filed their Motion to Dismiss the First Amended Complaint (ECF No. #45 ), filed June 6, 2022, the Court finds as MOOT the original Motion to Dismiss (ECF No. #23 ), filed November 9, 2021. (Ordered by Judge Reed C. O'Connor on 7/18/2022) (wxc)
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Filing 58
REPLY filed by Scott Boyer, Sheila Hewitt, Jeffrey Hoban, Sean Leber, Steven Mitchell, Novapath Supply Chain Systems Inc, Warren Patterson, David Proctor, Michael Richardson, Veronical Rinaldo, Tetria Global Logistics, LLC, Lindsay Walker, Tony Winters re: #45 MOTION to Dismiss the First Amended Complaint (Partial) (Brayley, Douglas)
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Filing 57
ORDER finding as moot #53 ... Discovery due by 9/30/2022. Motions due by 10/14/2022. Pretrial Order due by 11/17/2022. Bench Trial set for 12/12/2022 08:00 AM in US Courthouse, Courtroom 2nd Floor, 501 W. 10th St. Fort Worth, TX 76102-3673 before Judge Reed C. O'Connor. (Ordered by Judge Reed C. O'Connor on 7/11/2022) (wxc)
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Filing 56
Proposal for contents of scheduling and discovery order Joint Submission of Proposed Amendments to Scheduling Order by Scott Boyer, Sheila Hewitt, Jeffrey Hoban, Sean Leber, Steven Mitchell, Novapath Supply Chain Systems Inc, Warren Patterson, David Proctor, Michael Richardson, Veronical Rinaldo, Tetria Global Logistics, LLC, Lindsay Walker, Tony Winters. (Attachments: #1 Proposed Order) (Ray, Matthew)
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Filing 55
ORDER: Before the Court is Plaintiff's #53 Motion for Leave to Amend Scheduling Order. Here, Plaintiff presents its requested dates, but the certificate of conference indicates that Defendants are opposed. Accordingly, the Court ORDERS the parties to provide agreed dates for a potential amended scheduling order no later than July 7, 2022. (Ordered by Judge Reed C. O'Connor on 6/30/2022) (mmw)
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Filing 54
Designation of Experts by AFS Logistics LLC. (Attachments: #1 Exhibit(s)) (Walter, April)
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Filing 53
First MOTION to Continue Scheduling Order Dates filed by AFS Logistics LLC (Attachments: #1 Exhibit(s) Exhibit 1, #2 Proposed Order Proposed Order) (Walter, April)
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Filing 52
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by AFS Logistics LLC. (Clerk QC note: No affiliate entered in ECF). (Walter, April)
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Filing 51
ANSWER to Counterclaim filed by AFS Logistics LLC. Related document: #48 Answer to Amended Complaint,,,,,, Counterclaim,,,,, 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. (Walter, April)
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Filing 50
RESPONSE AND OBJECTION filed by AFS Logistics LLC re: #45 MOTION to Dismiss the First Amended Complaint (Partial) (Attachments: #1 Proposed Order) (Walter, April)
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Filing 49
Alternative Dispute Resolution Summary filed by AFS Logistics LLC. Attorneys in Attendance: April L. Walter, Douglas E. Brayley, Samuel Goodwin, Matthew W. Ray. Outcome of ADR: Parties were unable to reach a settlement. (Walter, April)
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Filing 48
ANSWER with Counterclaims to #42 Amended Complaint, filed by Warren Patterson, Sean Leber, Tetria Global Logistics, LLC, Scott Boyer, Michael Richardson, Sheila Hewitt, Veronical Rinaldo, Jeffrey Hoban, Novapath Supply Chain Systems Inc, Tony Winters, Lindsay Walker, Steven Mitchell, David Proctor. 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. 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., COUNTERCLAIM against AFS Logistics LLC filed by Warren Patterson, Sean Leber, Tetria Global Logistics, LLC, Scott Boyer, Michael Richardson, Sheila Hewitt, Veronical Rinaldo, Jeffrey Hoban, Novapath Supply Chain Systems Inc, Tony Winters, Lindsay Walker, Steven Mitchell, David Proctor (Brayley, Douglas) Modified on 6/13/2022 (sre).
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Filing 47
Appendix in Support filed by Scott Boyer, Sheila Hewitt, Jeffrey Hoban, Sean Leber, Steven Mitchell, Novapath Supply Chain Systems Inc, Warren Patterson, David Proctor, Michael Richardson, Veronical Rinaldo, Tetria Global Logistics, LLC, Lindsay Walker, Tony Winters re #45 MOTION to Dismiss the First Amended Complaint (Partial) (Brayley, Douglas)
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Filing 46
Brief/Memorandum in Support filed by Scott Boyer, Sheila Hewitt, Jeffrey Hoban, Sean Leber, Steven Mitchell, Novapath Supply Chain Systems Inc, Warren Patterson, David Proctor, Michael Richardson, Veronical Rinaldo, Tetria Global Logistics, LLC, Lindsay Walker, Tony Winters re #45 MOTION to Dismiss the First Amended Complaint (Partial) (Brayley, Douglas)
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Filing 45
MOTION to Dismiss the First Amended Complaint (Partial) filed by Scott Boyer, Sheila Hewitt, Jeffrey Hoban, Sean Leber, Steven Mitchell, Novapath Supply Chain Systems Inc, Warren Patterson, David Proctor, Michael Richardson, Veronical Rinaldo, Tetria Global Logistics, LLC, Lindsay Walker, Tony Winters (Attachments: #1 Proposed Order) (Brayley, Douglas)
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Filing 44
ORDER granting #43 Motion for Extension of Time to File Answer or otherwise respond to the Amended Complaint no later than June 6, 2022. (Ordered by Judge Reed C. O'Connor on 5/19/2022) (jgg)
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Filing 43
Motion for Extension of Time to File Answer or Otherwise Respond to First Amended Complaint (Agreed) filed by Scott Boyer, Sheila Hewitt, Jeffrey Hoban, Sean Leber, Steven Mitchell, Novapath Supply Chain Systems Inc, Warren Patterson, David Proctor, Tetria Global Logistics, LLC, Veronical Rinaldo, Lindsay Walker, Tony Winters, Michael "Stephen" Richardson. Party Veronical Rinaldo, Lindsay Walker, Tony Winters, and Michael Stephen Richardson added. (Brayley, Douglas)
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Filing 42
FIRST AMENDED COMPLAINT against Scott Boyer, Sheila Hewitt, Jeffrey Hoban, Sean Leber, Steven Mitchell, Novapath Supply Chain Systems Inc, Warren Patterson, David Proctor, Tetria Global Logistics, LLC filed by AFS Logistics LLC. 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. (npk)
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Filing 41
ORDER granting #35 Motion for Leave to File Amended Complaint. (Clerk to enter the document as of the date of this order.) (Ordered by Judge Reed C. O'Connor on 5/11/2022) (npk)
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Filing 40
REPLY filed by AFS Logistics LLC re: #35 First MOTION for Leave to File First Amended Complaint (Walter, April)
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Filing 39
RESPONSE filed by Scott Boyer, Sheila Hewitt, Jeffrey Hoban, Sean Leber, Steven Mitchell, Novapath Supply Chain Systems Inc, Warren Patterson, David Proctor, Tetria Global Logistics, LLC re: #35 First MOTION for Leave to File First Amended Complaint (Brayley, Douglas)
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Filing 38
ORDER: The Joint Motion for Protective Order (ECF No. #36 ) is DENIED. (Ordered by Judge Reed C. O'Connor on 4/28/2022) (bdb)
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Filing 37
ORDER: The Court ORDERS Defendants to respond to the #35 Motion no later than May 3, 2022. Plaintiff may reply no later than May 6, 2022. (Ordered by Judge Reed C. O'Connor on 4/28/2022) (bdb)
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Filing 36
Joint MOTION for Protective Order filed by Scott Boyer, Sheila Hewitt, Jeffrey Hoban, Sean Leber, Steven Mitchell, Novapath Supply Chain Systems Inc, Warren Patterson, David Proctor, Tetria Global Logistics, LLC (Attachments: #1 Exhibit(s) A - [Proposed] Protective Order) (Brayley, Douglas)
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Filing 35
First MOTION for Leave to File First Amended Complaint filed by AFS Logistics LLC with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) Exhibit A, #2 Proposed Order Proposed Order on Motion for Leave to File Amended Complaint, #3 Additional Page(s) Memo ISO Motion for Leave to File First Amended Complaint) (Walter, April)
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Filing 34
REPLY filed by Scott Boyer, Sheila Hewitt, Jeffrey Hoban, Sean Leber, Steven Mitchell, Novapath Supply Chain Systems Inc, Warren Patterson, David Proctor, Tetria Global Logistics, LLC re: #23 Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction (Attachments: #1 Exhibit(s) Unreported Cases) (Brayley, Douglas)
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Filing 33
SCHEDULING ORDER: Joinder of Parties due by 2/11/2022. Amended Pleadings due by 2/11/2022. Motions due by 8/15/2022. Deadline for mediation is on or before 6/15/2022. Discovery due by 7/15/2022. Pretrial Order due by 11/17/2022. This case is set for trial on this Court's four-week docket beginning December 12, 2022. (Ordered by Judge Reed C. O'Connor on 12/13/2021) (npk)
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Filing 32
[PROPOSED ORDER] ADDITIONAL ATTACHMENTS to #30 Response/Objection by Plaintiff AFS Logistics LLC. (Walter, April) Modified on 12/21/2021 (npk).
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Filing 31
Joint STATUS REPORT Regarding Contents of Scheduling Order filed by AFS Logistics LLC. (Walter, April)
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Filing 30
RESPONSE AND OBJECTION filed by AFS Logistics LLC re: #23 Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction (Walter, April)
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Filing 29
ORDER: Having considered the #27 motion, the Court finds that Motion should be GRANTED. Plaintiff's response to the Defendant's Rule 12(b) Motion to Dismiss (ECF No. #23 ) will be due on December 7, 2021. (Ordered by Judge Reed C. O'Connor on 11/24/2021) (bdb)
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Filing 28
ELECTRONIC ORDER granting #21 Application for Admission Pro Hac Vice of Samuel Goodwin. 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 Reed C. O'Connor on 11/24/2021) (chmb)
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Filing 27
MOTION to Extend Time of Plaintiff's Deadline to Respond to Rule 12(b) Motion to Dismiss filed by AFS Logistics LLC (Attachments: #1 Proposed Order) (Carnie, Brian)
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Filing 26
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER: Lead counsel for each party and any unrepresented party shall confer as soon as practicable, but in any event no later than November 29, 2021. The Joint Report shall be filed on or before December 13, 2021. (Ordered by Judge Reed C. O'Connor on 11/12/2021) (bdb)
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Filing 25
Appendix in Support filed by Scott Boyer, Sheila Hewitt, Jeffrey Hoban, Sean Leber, Steven Mitchell, Novapath Supply Chain Systems Inc, Warren Patterson, David Proctor, Tetria Global Logistics, LLC re #23 Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction (Brayley, Douglas)
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Filing 24
Brief/Memorandum in Support filed by Scott Boyer, Sheila Hewitt, Jeffrey Hoban, Sean Leber, Steven Mitchell, Novapath Supply Chain Systems Inc, Warren Patterson, David Proctor, Tetria Global Logistics, LLC re #23 Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction (Brayley, Douglas)
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Filing 23
Motion to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction () filed by Scott Boyer, Sheila Hewitt, Jeffrey Hoban, Sean Leber, Steven Mitchell, Novapath Supply Chain Systems Inc, Warren Patterson (Attachments: #1 Proposed Order) (Brayley, Douglas)
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Filing 22
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Novapath Supply Chain Systems Inc, Tetria Global Logistics, LLC. (Brayley, Douglas)
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Filing 21
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12372221) filed by Scott Boyer, Sheila Hewitt, Jeffrey Hoban, Sean Leber, Steven Mitchell, Novapath Supply Chain Systems Inc, Warren Patterson, David Proctor, Tetria Global Logistics, LLC (Attachments: #1 Proposed Order) (Goodwin, Samuel)
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Filing 20
SUMMONS Returned Executed as to Warren Patterson ; served on 10/21/2021. (Walter, April)
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Filing 19
SUMMONS Returned Executed as to Scott Boyer ; served on 10/21/2021. (Walter, April)
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Filing 18
SUMMONS Returned Executed as to David Proctor ; served on 10/21/2021. (Walter, April)
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Filing 17
AFFIDAVIT OF SERVICE SUMMONS Returned Executed as to Jeffrey Hoban ; served on 10/8/2021. (Walter, April) Modified text on 10/26/2021 (bmh).
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Filing 16
SUMMONS Returned Executed as to Sheila Hewitt ; served on 10/5/2021. (Walter, April)
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Filing 15
SUMMONS Returned Executed as to Steven Mitchell ; served on 10/4/2021. (Walter, April)
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Filing 14
SUMMONS Returned Executed as to Novapath Supply Chain Systems Inc ; served on 10/4/2021. (Walter, April)
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Filing 13
SUMMONS Returned Executed as to Sean Leber ; served on 9/30/2021. (Walter, April)
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Filing 12
SUMMONS Returned Executed as to Tetria Global Logistics, LLC ; served on 9/29/2021. (Walter, April)
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Filing 11
ORDER granting #8 Agreed Motion for Extension of Time to File an Answer: Defendants' answers and Rule 12 motions will be due on 11/09/2021. (Ordered by Judge Reed C. O'Connor on 10/25/2021) (twd)
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Filing 10
ORDER granting Plaintiff's #6 Motion for Leave to Proceed Without Local Counsel. (Ordered by Judge Reed C. O'Connor on 10/25/2021) (twd)
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Filing 9
ELECTRONIC ORDER granting #7 Application for Admission Pro Hac Vice of Douglas E. Brayley. 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 Reed C. O'Connor on 10/25/2021) (chmb)
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Filing 8
Motion for Extension of Time to File Answer (Agreed) filed by Sheila Hewitt, Jeffrey Hoban, Sean Leber, Steven Mitchell, Novapath Supply Chain Systems, Inc., Warren Patterson, David Proctor, Tetria Global Logistics, LLC (Attachments: #1 Proposed Order) (Brayley, Douglas)
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Filing 7
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12317103) filed by Scott Boyer, Sheila Hewitt, Jeffrey Hoban, Sean Leber, Steven Mitchell, Novapath Supply Chain Systems, Inc., Warren Patterson, David Proctor, Tetria Global Logistics, LLC (Attachments: #1 Proposed Order)Attorney Douglas E Brayley added to party Scott Boyer(pty:dft), Attorney Douglas E Brayley added to party Sheila Hewitt(pty:dft), Attorney Douglas E Brayley added to party Jeffrey Hoban(pty:dft), Attorney Douglas E Brayley added to party Sean Leber(pty:dft), Attorney Douglas E Brayley added to party Steven Mitchell(pty:dft), Attorney Douglas E Brayley added to party Novapath Supply Chain Systems, Inc.(pty:dft), Attorney Douglas E Brayley added to party Warren Patterson(pty:dft), Attorney Douglas E Brayley added to party David Proctor(pty:dft), Attorney Douglas E Brayley added to party Tetria Global Logistics, LLC(pty:dft) (Brayley, Douglas)
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Filing 6
MOTION Puruant to Local Rule 83.01(a) of the Northern District of Texas, Plaintiff's Counsel Respectfully Requests Leave of Court to Proceed Without Local Counsel. filed by AFS Logistics, LLC (Attachments: #1 Proposed Order Proposed Order to Plaintiff's Counsel's Motion to Proceed Without Local Counsel) (Walter, April)
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Filing 5
Summons Issued as to Scott Boyer, Sheila Hewitt, Jeffrey Hoban, Sean Leber, Steven Mitchell, Novapath Supply Chain Systems, Inc., Warren Patterson, David Proctor, Tetria Global Logistics, LLC. (npk)
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Filing 4
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by AFS Logistics, LLC. (Walter, April)
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Filing 3
Request for Clerk to issue Summons filed by AFS Logistics, LLC. (Walter, April)
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Filing 2
New Case Notes: A filing fee has been paid. File to: Judge O Connor. 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. (sre)
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Filing 1
COMPLAINT against All Defendants filed by AFS Logistics, LLC. (Filing fee $402; Receipt number 0539-12249579) Plaintiff will submit summons(es) for issuance. 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) (Walter, April)
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