Yan v. The State Bar of Texas et al
| Conghua Yan |
| The State Bar of Texas, The Barrow Firm, Leslie Starr Barrow, William Albert Pigg, Samantha Ybarra, Luis Jesus Marin, Daniel Eulalio Martinez, Rachel Ann Craig, Lori I Deangelis, Tarrant County, The Barrows Firm, Leslie Starr Barrows, Lori L. Deangelis and U.S. Bank |
| 4:2023cv00758 |
| July 21, 2023 |
| US District Court for the Northern District of Texas |
| Jeffrey L Cureton |
| Mark Pittman |
| Other Statutes: Racketeer Influenced and Corrupt Organizations |
| 18 U.S.C. § 1961 Racketeering (RICO) Act |
| Plaintiff |
Docket Report
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Filing 68
Summons Issued as to U.S. Bank. (wxc)
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Filing 67
ELECTRONIC ORDER finding as moot #13 Motion to Dismiss based on the Amended Complaint filed by Plaintiff on 9/19/2023. (Ordered by Magistrate Judge Jeffrey L. Cureton on 9/19/2023) (chmb)
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Filing 66
ELECTRONIC ORDER finding as moot #30 Motion to Dismiss based on the Amended Complaint filed by Plaintiff on 9/19/2023. (Ordered by Magistrate Judge Jeffrey L. Cureton on 9/19/2023) (chmb)
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Filing 65
ELECTRONIC ORDER finding as moot #18 Motion to Dismiss based on the Amended Complaint filed by Plaintiff on 9/18/2023. (Ordered by Magistrate Judge Jeffrey L. Cureton on 9/19/2023) (chmb)
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Filing 64
CERTIFICATE OF SERVICE by Conghua Yan re #63 MOTION for Sanctions State Bar of Texas (Yan, Conghua)
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Filing 63
MOTION for Sanctions State Bar of Texas filed by Conghua Yan with Brief/Memorandum in Support. (Yan, Conghua)
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Filing 62
CERTIFICATE OF SERVICE by Conghua Yan re #60 Amended Complaint,, (Yan, Conghua)
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Filing 61
Request for Clerk to issue SUMMONS IN A CIVIL ACTION filed by Conghua Yan. (Yan, Conghua)
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Filing 60
AMENDED COMPLAINT WITH JURY DEMAND against All Defendants filed by Conghua Yan. Plaintiff will submit 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. (Yan, Conghua)
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Filing 59
ORDER... The United States Magistrate Judge made Findings, Conclusions, and a Recommendation in this case. ECF No. #40 . No objections were filed, and the Magistrate Judges Recommendation is ripe for review. The District Judge reviewed the proposed Findings, Conclusions, and Recommendation for plain error. Finding none, the undersigned District Judge believes that the Findings and Conclusions of the Magistrate Judge are correct, and they are accepted as the Findings and Conclusions of the Court. Accordingly, Plaintiffs Motions for Sanctions (ECF Nos. #22 , #33 ) are DENIED. (Ordered by Judge Mark Pittman on 9/18/2023) (wxc)
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Filing 58
ELECTRONIC ORDER granting #56 Motion for Leave to File. Because Plaintiff is proceeding pro se, the Court will grant Plaintiff one final motion for leave to file an amended complaint so that Plaintiff may plead his best case. Plaintiff shall file such amended complaint with all attachments no later than 9/21/2023. Because the Court has granted Plaintiff multiple opportunities to file an amended complaint, the Court will not grant additional motions for leave to file an amended complaint absent extraordinary circumstances.(Ordered by Magistrate Judge Jeffrey L. Cureton on 9/18/2023) (chmb)
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Filing 57
CERTIFICATE OF SERVICE by Conghua Yan re #56 MOTION for Leave to File Amendment MOTION to Amend/Correct #48 Amended Complaint,, MOTION to JoinU.S. Bank (Yan, Conghua)
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Filing 56
MOTION for Leave to File Amendment (), MOTION to Amend/Correct #48 Amended Complaint,, , MOTION to JoinU.S. Bank filed by Conghua Yan with Brief/Memorandum in Support. (Attachments: #1 Proposed Amendment) (Yan, Conghua)
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Filing 55
ELECTRONIC ORDER finding as moot #51 Defendant Samantha Ybarra's Motion for Extension of Time to File Answer to Plaintiff's Second Amended Complaint based on the Amended Motion for Extension of Time to File Plaintiff's Second Amended Complaint subsequently filed by Defendant Samantha Ybarra. (Ordered by Magistrate Judge Jeffrey L. Cureton on 9/13/2023) (chmb)
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Filing 54
ELECTRONIC ORDER granting #52 Defendant Samantha Ybarra's Motion for Extension of Time to File Answer to Plaintiff's Second Amended Complaint. Samantha Ybarra's answer is due no later than 9/25/2023. (Ordered by Magistrate Judge Jeffrey L. Cureton on 9/13/2023) (chmb)
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Filing 53
REPLY filed by Rachel Ann Craig, Luis Jesus Marin, Daniel Eulalio Martinez, The State Bar of Texas re: #13 MOTION to Dismiss (Kates, Amanda)
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Filing 52
Amended Motion for Extension of Time to File Answer to Plaintiff's Second Amended Complaint filed by Samantha Ybarra (Attachments: #1 Proposed Order) (Johnson, Roland)
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Filing 51
MOTION to Extend Time time to file answer filed by Samantha Ybarra (Attachments: #1 Proposed Order)Attorney Roland K Johnson added to party Samantha Ybarra(pty:dft) (Johnson, Roland)
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Filing 50
ANSWER to #48 Amended Complaint,, filed by William Albert Pigg. 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. (Pigg, William)
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Filing 49
CERTIFICATE OF SERVICE by Conghua Yan re #48 Amended Complaint,, (Yan, Conghua)
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Filing 48
AMENDED COMPLAINT WITH JURY DEMAND against All Defendants filed by Conghua Yan. 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. (Yan, Conghua)
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Filing 47
ELECTRONIC ORDER granting #46 Plaintiff's motion, which the Court construes as a Motion for Leave to File Second Amended Complaint. In the motion, Plaintiff requests leave to file a Second Amended Complaint that includes the exhibits from his original Complaint that were inadvertently left out when Plaintiff filed his First Amended Complaint #27 . Plaintiff shall, no later than 09/12/2023, file his Second Amended Complaint that shall include no changes from his First Amended Complaint, except it will include the above-referenced exhibits. The Court will rule on the pending motions to dismiss [docs. 13, 18, 30] in their current form because the changes from the Original Complaint to the Second Amended Complaint involves only correcting several typographical errors and including the originally filed exhibits; thus, the newly filed Second Amended Complaint will not impact the substantive arguments made by Defendants' in the above-referenced motions to dismiss. (Ordered by Magistrate Judge Jeffrey L. Cureton on 8/28/2023) (chmb) . (Ordered by Magistrate Judge Jeffrey L. Cureton on 9/7/2023) (chmb) (Entered: 09/07/2023)
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Filing 46
MOTION to Amend/Correct #45 Order Unfiling Pleading, #41 Additional Attachments to Main Document, #27 Amended Complaint,, #43 MOTION to Amend/Correct #27 Amended Complaint,, , #42 Order Unfiling Pleading,, filed by Conghua Yan with Brief/Memorandum in Support. (Attachments: #1 Proposed Amendment) (Yan, Conghua)
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Filing 45
ORDER STRIKING AND UNFILING DOCUMENT #43 due to the following deficiency: The motion or response must include certificate of conference or inability to confer. (Ordered by Magistrate Judge Jeffrey L. Cureton on 9/5/2023) (sre)
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Filing 44
NOTICE of email address correction filed by William Albert Pigg (Woods, Charles)
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Filing 43
***STRIKING AND UNFILING per #45 *** MOTION to Amend/Correct #27 Amended Complaint,, filed by Conghua Yan (Yan, Conghua) Modified on 9/5/2023 (sre).
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Filing 42
ORDER STRIKING AND UNFILING DOCUMENT(S) #41 Additional Attachments to Main Document filed by Conghua Yan due to the following deficiency: Plaintiff cannot file attachments to a complaint separate from the complaint. The attachments must be attached to the complaint and filed as one documents. Plaintiff must seek leave to file an amended complaint at this stage in the proceedings. See Fed. R. Civ. P. 15. re: #41 Additional Attachments to Main Document (Ordered by Magistrate Judge Jeffrey L. Cureton on 9/1/2023) (saw)
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Filing 41
***STRICKEN AND UNFILED PER #42 ORDER*** ADDITIONAL ATTACHMENTS to #27 Amended Complaint,, by Plaintiff Conghua Yan. (Yan, Conghua) Modified on 9/1/2023 (saw).
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Filing 40
FINDINGS, CONCLUSIONS, AND RECOMMENDATION REGARDING PLAINTIFF'S #22 MOTION FOR SANCTIONS TO COUNSEL OF THE STATE BAR OF TEXAS, MARIN, MARTINEZ, AND CRAIG AND PLAINTIFF'S #33 MOTION FOR SANCTIONS TO COUNSEL MELVIN KEITH OGLE (Ordered by Magistrate Judge Jeffrey L. Cureton on 8/31/2023) (bdb)
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Filing 39
ELECTRONIC ORDER granting #32 Plaintiff's Motion for Extension of Time to File Response. Plaintiff's Response to Defendant Lori Deangelis' Motion to Dismiss [doc. 30] is due no later than 10/10/2023. (Ordered by Magistrate Judge Jeffrey L. Cureton on 8/31/2023) (chmb)
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Filing 38
REPLY filed by Conghua Yan re: #33 MOTION for Sanctions MELVIN KEITH OGLE (Yan, Conghua)
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Filing 37
ANSWER to #27 Amended Complaint,, filed by William Albert Pigg. 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. (Pigg, William)
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Filing 36
RESPONSE AND OBJECTION filed by Conghua Yan re: #13 MOTION to Dismiss (Yan, Conghua)
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Filing 35
RESPONSE filed by Lori L. Deangelis, Tarrant County re: #33 MOTION for Sanctions MELVIN KEITH OGLE (Attachments: #1 Proposed Order) (Ogle, Melvin)
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Filing 34
RESPONSE filed by Rachel Ann Craig, Luis Jesus Marin, Daniel Eulalio Martinez, The State Bar of Texas re: #22 MOTION for Sanctions (Kates, Amanda)
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Filing 33
MOTION for Sanctions MELVIN KEITH OGLE filed by Conghua Yan with Brief/Memorandum in Support. (Yan, Conghua)
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Filing 32
MOTION for Extension of Time to File Response/Reply to #30 MOTION to Dismiss filed by Conghua Yan (Yan, Conghua)
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Filing 31
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Lori L. Deangelis. (Clerk QC note: No affiliate entered in ECF). (Ogle, Melvin)
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Filing 30
MOTION to Dismiss filed by Lori L. Deangelis with Brief/Memorandum in Support. Attorney Melvin Keith Ogle added to party Lori L. Deangelis(pty:dft) (Ogle, Melvin)
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Filing 29
SUMMONS Returned Executed as to Samantha Ybarra ; served on 8/24/2023. (Yan, Conghua)
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Filing 28
CERTIFICATE OF SERVICE by Conghua Yan re #27 Amended Complaint,, (Yan, Conghua)
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Filing 27
AMENDED COMPLAINT WITH JURY DEMAND against All Defendants filed by Conghua Yan. 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. (Yan, Conghua)
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Filing 26
ELECTRONIC ORDER granting #25 Plaintiff's Motion for Leave to Amend Original Complaint to correct several typographical errors incorrectly referring to Defendant The Barrows Firm as The Barrow Firm. Plaintiff shall file the Amended Complaint that corrects the specified typographical errors no later than 08/31/2023. The Court will rule on the pending motions to dismiss [docs. 13, 18] in their current form because the change from the Original Complaint to the Amended Complaint is merely to correct several typographical errors and does not affect the substantive arguments made by Defendants' in the above-referenced motions to dismiss. (Ordered by Magistrate Judge Jeffrey L. Cureton on 8/28/2023) (chmb)
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Filing 25
MOTION to Amend/Correct #1 Complaint,, filed by Conghua Yan (Attachments: #1 Proposed Amendment Fixed 3 typo) (Yan, Conghua)
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Filing 24
SUMMONS Returned Executed as to Lori L Deangelis ; served on 8/24/2023. (Yan, Conghua)
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Filing 23
SUMMONS Returned Executed as to Tarrant County ; served on 8/4/2023. (Yan, Conghua)
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Filing 22
MOTION for Sanctions filed by Conghua Yan with Brief/Memorandum in Support. (***PLEASE DISREGARD ATTACHMENT. FILED IN ERROR, PER FILER.*** Attachments: #1 Proposed Order) (Yan, Conghua) Modified on 8/24/2023 (ali).
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Filing 21
ELECTRONIC ORDER granting #20 Unopposed Motion for Extension of Time to File Response to #18 Defendant Tarrant County's Motion to Dismiss. Plaintiff's Response to Defendant Tarrant County's Motion to Dismiss is due no later 9/27/2023. (Ordered by Magistrate Judge Jeffrey L. Cureton on 8/17/2023) (chmb)
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Filing 20
MOTION for Extension of Time to File Response/Reply to #18 MOTION to Dismiss filed by Conghua Yan with Brief/Memorandum in Support. (Yan, Conghua)
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Filing 19
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Tarrant County. (Clerk QC note: No affiliate entered in ECF). (Ogle, Melvin)
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Filing 18
MOTION to Dismiss filed by Tarrant County with Brief/Memorandum in Support. Attorney Melvin Keith Ogle added to party Tarrant County(pty:dft) (Ogle, Melvin)
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Filing 17
ELECTRONIC ORDER granting #16 Unopposed Motion for Extension of Time to File Response. Plaintiff's response to Defendants' Motion to Dismiss #13 is due by 9/11/2023. (Ordered by Magistrate Judge Jeffrey L. Cureton on 8/14/2023) (chmb)
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Filing 16
MOTION for Extension of Time to File Response/Reply to #13 MOTION to Dismiss filed by Conghua Yan with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Yan, Conghua)
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Filing 15
SUMMONS Returned Executed as to The State Bar of Texas ; served on 7/25/2023. (Yan, Conghua)
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Filing 14
SUMMONS Returned Executed as to Luis Jesus Marin ; served on 7/25/2023. (Yan, Conghua)
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Filing 13
MOTION to Dismiss filed by Rachel Ann Craig, Luis Jesus Marin, Daniel Eulalio Martinez, The State Bar of Texas (Attachments: #1 Proposed Order)Attorney Amanda Marie Kates added to party Rachel Ann Craig(pty:dft), Attorney Amanda Marie Kates added to party Luis Jesus Marin(pty:dft), Attorney Amanda Marie Kates added to party Daniel Eulalio Martinez(pty:dft), Attorney Amanda Marie Kates added to party The State Bar of Texas(pty:dft) (Kates, Amanda)
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Filing 12
SUMMONS Returned Executed as to William Albert Pigg ; served on 8/8/2023. (Yan, Conghua)
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Filing 11
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by William Albert Pigg. (Clerk QC note: No affiliate entered in ECF). (Pigg, William)
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Filing 10
ANSWER to #1 Complaint,, filed by William Albert Pigg. 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. 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.Attorney William A Pigg added to party William Albert Pigg(pty:dft) (Pigg, William)
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Filing 9
WAIVER OF SERVICE Returned Executed as to Rachel Ann Craig. Waiver sent on 7/24/2023. (Yan, Conghua)
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Filing 8
WAIVER OF SERVICE Returned Executed as to Daniel Eulalio Martinez. Waiver sent on 7/24/2023. (Yan, Conghua)
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Filing 7
REQUEST FOR WAIVER of Service sent to Daniel Eulalio Martinez on July/24/2023 by Conghua Yan. (Yan, Conghua)
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Filing 6
REQUEST FOR WAIVER of Service sent to Rachel Ann Craig on July/24/2023 by Conghua Yan. (Yan, Conghua)
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Filing 5
Notice and Instruction to Pro Se Party (wxc)
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Filing 4
New Case Notes: A filing fee has been paid. CASREF case referral set (see Special Order 3). Magistrate Judge Cureton preliminarily assigned. No prior sanctions found. (For court use only - links to the #national and #circuit indexes.) 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. (wxc)
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Filing 3
Summons Issued as to All Defendants. (wxc)
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Filing 2
Certificate of Interested Persons/Disclosure Statement by Conghua Yan. (Clerk QC note: No affiliate entered in ECF). (wxc)
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Filing 1
COMPLAINT WITH JURY DEMAND against All Defendants filed by Conghua Yan. (Filing fee $402; Receipt number 400001744) 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. (wxc)
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