Agtegra Cooperative v. Over XXI, Inc. et al
| Agtegra Cooperative |
| Sacramento Energy Resources, L.L.C. and Pico Propane Operating LLC doing business as Pico Propane and Fuels |
| 4:2024cv00968 |
| October 10, 2024 |
| U.S. District Court for the Northern District of Texas |
| Fort Worth Office |
| Reed C O'Connor |
| Torts/Pers Prop: Other Personal Property Damage |
| 28 U.S.C. § 1441 Petition for Removal- Property Damage |
| Both |
Docket Report
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This docket was last retrieved on November 13, 2024. A more recent docket listing may be available from PACER.
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Filing 61
SCHEDULING ORDER: Joinder of Parties due by 1/13/2025. Amended Pleadings due by 1/13/2025. Motions due by 7/21/2025. Deadline for mediation is on or before 5/21/2025. Discovery due by 6/20/2025. Pretrial Order due by 10/23/2025. Jury Trial set for 11/17/2025 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 11/13/2024) (wxc)
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Filing 60
ADDITIONAL ATTACHMENTS to #59 Status Report by Plaintiff Agtegra Cooperative. (Howard, Nicholas)
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Filing 59
Joint STATUS REPORT filed by Agtegra Cooperative. (Howard, Nicholas)
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Filing 58
NOTICE of Withdrawal of Counsel filed by Sacramento Energy Resources, L.L.C. (Delaney, John)
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Filing 57
NOTICE of Attorney Appearance by John William Delaney on behalf of Sacramento Energy Resources, L.L.C.. (Filer confirms contact info in ECF is current.) (Delaney, John)
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Filing 56
ELECTRONIC ORDER granting #54 Application for Admission Pro Hac Vice of David J. Taylor. 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 10/23/2024) (chmb) (RG)
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Filing 55
ORDER: Before the Court is Plaintiff's Notice of Appearance as Local Counsel (ECF No. #53 ), filed October 18, 2024. Pursuant to this Notice, the Court DIRECTS the Clerk to designate Mr. Nicholas A. Howard of Doyen, Sebesta & Poelma, LLLP at 325 N. St. Paul Street, Suite 3100, Dallas, TX 75201 as Plaintiffs local counsel under Local Rule 83. (Ordered by Judge Reed C. O'Connor on 10/23/2024) (wxc)
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Filing 54
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-15002349) filed by Agtegra Cooperative (Attachments: #1 Exhibit(s) Certificate of Good Standing, #2 Proposed Order) (Taylor, David)
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Filing 53
NOTICE of Appearance of Local Counsel filed by Agtegra Cooperative (Sebesta, William)
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Filing 52
ORDER: Before the Court is Plaintiff Agtegra Cooperative's Unopposed #49 Motion to Substitute Counsel. The Court is of the opinion that same should be GRANTED. Therefore, Steven L. Theesfeld is withdrawn as counsel of record for Plaintiff. (Ordered by Judge Reed C. O'Connor on 10/17/2024) (mmw)
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Filing 51
ORDER: Before the Court is Defendant Pico Propane Operating, LLC's (Pico Propanes) Unopposed #50 Motion to Substitute Counsel. The Motion is hereby, GRANTED. (Ordered by Judge Reed C. O'Connor on 10/17/2024) (mmw)
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Filing 50
Unopposed MOTION to Substitute Attorney, added attorney Christopher Drew McMillan,Christopher Drew McMillan,Cheryl E Diaz for Pico Propane Operating LLC. Motion filed by Pico Propane Operating LLC (Attachments: #1 Proposed Order Order Granting Defendant Pico Propane Operating, LLC's Unopposed Motion to Substitute Counsel)Attorney Christopher Drew McMillan added to party Pico Propane Operating LLC(pty:dft) (McMillan, Christopher)
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Filing 49
Unopposed MOTION to Substitute Attorney, added attorney William Thomas Sebesta,William Thomas Sebesta for Agtegra Cooperative. Motion filed by Agtegra Cooperative (Attachments: #1 Proposed Order)Attorney William Thomas Sebesta added to party Agtegra Cooperative(pty:pla) (Sebesta, William)
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Filing 48
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER: The Joint Report shall be filed on or before November 12, 2024. (Ordered by Judge Reed C. O'Connor on 10/16/2024) (mmw)
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Filing 47
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. (wxc)
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Filing 46
Case electronically transferred in from District of South Dakota; Case Number 3:23-cv-03032. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should 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. Copy of NEF to be sent US Mail to parties not electronically noticed.
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Filing 45
OPINION AND ORDER granting in part and denying in part #22 Motion to Dismiss; denying #30 Motion to Strike #22 MOTION to DISMISS Defendant Sacramento Energy Resources, LLC's Motion to Dismiss or, in the Alternative, to Transfer, #30 MOTION to Strike #29 Affidavit in Support of Motion,, #28 Reply to Motion Response, #27 Declaration .. Signed by U.S. District Judge Eric C. Schulte on 10/09/2024. (JMS) [Transferred from South Dakota on 10/10/2024.]
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ORDER of Transfer of case to the District of Northern District of Texas, Fort Worth Division. Signed by U.S. District Judge Eric C. Schulte on 10/09/2024. (JMS) [Transferred from South Dakota on 10/10/2024.]
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Filing 44
Motion Hearing held on 8/23/2024 re #30 MOTION to Strike filed by Agtegra Cooperative, #22 Motion to Dismiss or, in the Alternative, to Transfer filed by Sacramento Energy Resources, L.L.C. before U.S. District Judge Eric C. Schulte. (Court Reporter: Carla Dedula) (DJP) (Main Document 44 to edit time in court) (DJP) [Transferred from South Dakota on 10/10/2024.]
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Filing 43
ORDER granting #42 Motion for Leave to be Excused (Steven Theesfeld) from Hearing August 23, 2024. Signed by U.S. District Judge Eric C. Schulte on 8/19/24. (SKK) [Transferred from South Dakota on 10/10/2024.]
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Filing 42
MOTION for Leave to Be Excused from Hearing by Agtegra Cooperative. (Theesfeld, Steven) [Transferred from South Dakota on 10/10/2024.]
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Filing 41
ORDER granting #38 MOTION to Stay re #17 Scheduling Order. SCHEDULING ORDER: Motion Hearing set for 8/23/2024 at 10:00 AM in Sioux Falls Courtroom 1 before U.S. District Judge Eric C. Schulte. Signed by U.S. District Judge Eric C. Schulte on 7/31/24. (SKK) [Transferred from South Dakota on 10/10/2024.]
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Filing 40
AFFIDAVIT in Support re #38 MOTION to Stay re #17 Scheduling Order Defendant Sacramento Energy Resources, L.L.C.'S Motion to Stay Rule 16 Scheduling Order and Discovery Affidavit of Ryan W.W. Redd filed by Sacramento Energy Resources, L.L.C.. (Attachments: #1 Exhibit July 3, 2024 correspondence from Ryan W.W. Redd to Mike Traxinger) (Redd, Ryan) [Transferred from South Dakota on 10/10/2024.]
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Filing 39
MEMORANDUM in Support re #38 MOTION to Stay re #17 Scheduling Order Defendant Sacramento Energy Resources, L.L.C.'S Motion to Stay Rule 16 Scheduling Order and Discovery Brief in Support of Defendant Sacramento Energy Resources, L.L.C.'s Motion to Stay Rule 16 Scheduling Order and Discovery filed by Sacramento Energy Resources, L.L.C.. (Redd, Ryan) [Transferred from South Dakota on 10/10/2024.]
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Filing 38
MOTION to Stay re #17 Scheduling Order Defendant Sacramento Energy Resources, L.L.C.'S Motion to Stay Rule 16 Scheduling Order and Discovery by Sacramento Energy Resources, L.L.C.. (Redd, Ryan) [Transferred from South Dakota on 10/10/2024.]
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Filing 37
ORDER granting #36 Motion for Admission Pro Hac Vice of Attorney David J. Taylor for Agtegra Cooperative. Signed by U.S. District Judge Eric C. Schulte on 7/29/24. (SKK) [Transferred from South Dakota on 10/10/2024.]
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Filing 36
MOTION for Attorney DAVID J. TAYLOR to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ASDDC-4333485) by Agtegra Cooperative. (Theesfeld, Steven) [Transferred from South Dakota on 10/10/2024.]
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Filing 35
TEXT ORDER REASSIGNING CASE. Case reassigned to U.S. District Judge Eric C Schulte for all further proceedings. Chief Judge Roberto A. Lange no longer assigned to case. Signed by Chief Judge Roberto A. Lange on 6/12/2024. (JLS) [Transferred from South Dakota on 10/10/2024.]
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Filing 34
REPLY to Motion Response re #30 MOTION to Strike #29 Affidavit in Support of Motion,, #28 Reply to Motion Response, #27 Declaration filed by Agtegra Cooperative. (Theesfeld, Steven) [Transferred from South Dakota on 10/10/2024.]
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Filing 33
MEMORANDUM in Opposition re #30 MOTION to Strike #29 Affidavit in Support of Motion,, #28 Reply to Motion Response, #27 Declaration filed by Pico Propane Operating, L.L.C.. (Hale, William) [Transferred from South Dakota on 10/10/2024.]
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Filing 32
MEMORANDUM in Opposition re #30 MOTION to Strike #29 Affidavit in Support of Motion,, #28 Reply to Motion Response, #27 Declaration Sacramento Energy Resources, LLC's Brief in Opposition to Plaintiff's Motion to Strike filed by Sacramento Energy Resources, L.L.C.. (Redd, Ryan) [Transferred from South Dakota on 10/10/2024.]
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Filing 31
MEMORANDUM in Support re #30 MOTION to Strike #29 Affidavit in Support of Motion,, #28 Reply to Motion Response, #27 Declaration filed by Agtegra Cooperative. (Theesfeld, Steven) [Transferred from South Dakota on 10/10/2024.]
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Filing 30
MOTION to Strike #29 Affidavit in Support of Motion,, #28 Reply to Motion Response, #27 Declaration by Agtegra Cooperative. (Theesfeld, Steven) [Transferred from South Dakota on 10/10/2024.]
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Filing 29
AFFIDAVIT in Support re #22 MOTION to DISMISS Defendant Sacramento Energy Resources, LLC's Motion to Dismiss or, in the Alternative, to Transfer Supplemental Affidavit of Ryan W.W. Redd filed by Sacramento Energy Resources, L.L.C.. (Attachments: #1 Exhibit Bill of Lading, #2 Exhibit Ryan Redd December 22, 2023 correspondence to Mike Traxinger, #3 Exhibit Email exchange between counsel with redline draft of Joint Discovery Report, #4 Exhibit Ryan Redd January 26, 2024 email correspondence to MIke Traxinger, #5 Exhibit February 5, 2024 email from Mike Traxinger to Ryan W.W. Redd, #6 Exhibit Email exchange from March 1-11, 2024 (without attachments)) (Redd, Ryan) [Transferred from South Dakota on 10/10/2024.]
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Filing 28
REPLY to Motion Response re #22 MOTION to DISMISS Defendant Sacramento Energy Resources, LLC's Motion to Dismiss or, in the Alternative, to Transfer Reply Brief in Support of Defendant Sacramento Energy Resources, L.L.C.'s Motion to Dismiss or, in the Alternative, to Transfer filed by Sacramento Energy Resources, L.L.C.. (Redd, Ryan) [Transferred from South Dakota on 10/10/2024.]
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Filing 27
DECLARATION of William J. Hale re #22 MOTION to DISMISS Defendant Sacramento Energy Resources, LLC's Motion to Dismiss or, in the Alternative, to Transfer . (Hale, William) [Transferred from South Dakota on 10/10/2024.]
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Filing 26
MEMORANDUM in Opposition re #22 MOTION to DISMISS Defendant Sacramento Energy Resources, LLC's Motion to Dismiss or, in the Alternative, to Transfer filed by Agtegra Cooperative. (Theesfeld, Steven) [Transferred from South Dakota on 10/10/2024.]
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Filing 25
AFFIDAVIT in Opposition re #22 MOTION to DISMISS Defendant Sacramento Energy Resources, LLC's Motion to Dismiss or, in the Alternative, to Transfer filed by Agtegra Cooperative. (Attachments: #1 Exhibit A, #2 Exhibit B) (Theesfeld, Steven) [Transferred from South Dakota on 10/10/2024.]
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Filing 24
AFFIDAVIT in Support re #22 MOTION to DISMISS Defendant Sacramento Energy Resources, LLC's Motion to Dismiss or, in the Alternative, to Transfer Affidavit of Ryan W.W. Redd filed by Sacramento Energy Resources, L.L.C.. (Attachments: #1 Exhibit First Amended Petition in Pico Propane Operating LLC d/b/a Pico Propane and Fuels v. Apex Services Group, LLC, et al, #2 Exhibit Second Amended Petition in Pico Propane Operating LLC d/b/a Pico Propane and Fuels v. Apex Services Group, LLC, et al) (Redd, Ryan) [Transferred from South Dakota on 10/10/2024.]
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Filing 23
MEMORANDUM in Support re #22 MOTION to DISMISS Defendant Sacramento Energy Resources, LLC's Motion to Dismiss or, in the Alternative, to Transfer Brief in Support of Defendant Sacramento Energy Resources, LLC's Motion to Dismiss or, in the Alternative, to Transfer filed by Sacramento Energy Resources, L.L.C.. (Redd, Ryan) [Transferred from South Dakota on 10/10/2024.]
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Filing 22
MOTION to DISMISS Defendant Sacramento Energy Resources, LLC's Motion to Dismiss or, in the Alternative, to Transfer by Sacramento Energy Resources, L.L.C.. (Redd, Ryan) [Transferred from South Dakota on 10/10/2024.]
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Filing 21
ORDER GRANTING #20 MOTION to DISMISS OVER XXI INC. WITH PREJUDICE filed by Agtegra Cooperative. Over XXI, Inc. terminated. Signed by Chief Judge Roberto A. Lange on 2/26/24. (SKK) [Transferred from South Dakota on 10/10/2024.]
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Filing 20
MOTION to DISMISS OVER XXI by Agtegra Cooperative. (Attachments: #1 Proposed Order) (Theesfeld, Steven) [Transferred from South Dakota on 10/10/2024.]
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Filing 19
CORPORATE Disclosure Statement by Agtegra Cooperative. (Theesfeld, Steven) [Transferred from South Dakota on 10/10/2024.]
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Filing 18
NOTICE OF NONCOMPLIANCE (Corporate Disclosure Statement not filed). D.S.D. Civ. L.R. 7.1.1 requires non-governmental organizational parties or intervenors to file either a Corporate Disclosure Statement or a Certificate that Fed. R. Civ. P. 7.1 is not applicable within 14 days of the party or intervenors first pleading or entry of appearance. The deadline has passed and Agtegra Cooperative has not complied. Said party has three business days to comply. Compliance may be achieved by docketing the statement or certificate in CM/ECF using the Corporate Disclosure Statement or Certificate of Non-Applicability event. (RRB) [Transferred from South Dakota on 10/10/2024.]
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Filing 17
RULE 16 SCHEDULING ORDER: Discovery due by 11/30/2024. Motions due by 12/15/2024. Signed by Chief Judge Roberto A. Lange on 1/26/24. (SKK) Modified on 1/26/2024 (SKK). [Transferred from South Dakota on 10/10/2024.]
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Filing 16
Discovery Report by Agtegra Cooperative.(Theesfeld, Steven) [Transferred from South Dakota on 10/10/2024.]
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Filing 15
CORPORATE Disclosure Statement by Over XXI, Inc.. (Gray, John) [Transferred from South Dakota on 10/10/2024.]
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Filing 14
CORPORATE Disclosure Statement by Pico Propane Operating, L.L.C. identifying Corporate Parent Meritum Energy Holdings, LP for Pico Propane Operating, L.L.C.. (Hale, William) [Transferred from South Dakota on 10/10/2024.]
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Filing 13
CORPORATE Disclosure Statement by Sacramento Energy Resources, L.L.C. identifying Corporate Parent Sacramento Energy Resources, L.L.C. for Sacramento Energy Resources, L.L.C.. (Redd, Ryan) [Transferred from South Dakota on 10/10/2024.]
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Filing 12
AMENDED ANSWER to Amended Separate Answer of Sacramento Energy Resources, L.L.C. to Amended Complaint by Sacramento Energy Resources, L.L.C.. (Attachments: #1 Exhibit Sacramento Energy Resources, LLC General Terms and Conditions Liquid Petroleum Gas)(Redd, Ryan) [Transferred from South Dakota on 10/10/2024.]
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Filing 11
NOTICE of Appearance by Ryan W.W. Redd on behalf of Sacramento Energy Resources, L.L.C.. (Redd, Ryan) [Transferred from South Dakota on 10/10/2024.]
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Filing 10
ORDER for Discovery Report and Scheduling Information. Signed by Chief Judge Roberto A. Lange on 12/21/23. (SKK) [Transferred from South Dakota on 10/10/2024.]
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Filing 9
RETURN OF SERVICE Executed upon Defendant Sacramento Energy Resources, L.L.C. on 11/30/2023 (Theesfeld, Steven) [Transferred from South Dakota on 10/10/2024.]
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Filing 8
ANSWER to Complaint with Jury Demand Separate Answer of Sacramento Energy Resources, L.L.C. to Amended Complaint by Sacramento Energy Resources, L.L.C.. (Haigh, Mark) [Transferred from South Dakota on 10/10/2024.]
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Filing 7
ANSWER to Complaint with Jury Demand by Over XXI, Inc.. (Gray, John) [Transferred from South Dakota on 10/10/2024.]
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Filing 6
NOTICE of Appearance by William Hale on behalf of Pico Propane Operating, L.L.C.. (Hale, William) [Transferred from South Dakota on 10/10/2024.]
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Filing 5
ANSWER to Complaint with Jury Demand by Pico Propane Operating, L.L.C.. (Hale, William) [Transferred from South Dakota on 10/10/2024.]
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Filing 4
RETURN OF SERVICE Executed upon Defendant Over XXI, Inc. on 11/13/2023 (Theesfeld, Steven) [Transferred from South Dakota on 10/10/2024.]
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Filing 3
RETURN OF SERVICE Executed upon Defendant Sacramento Energy Resources, L.L.C. on 11/13/2023 (Theesfeld, Steven) [Transferred from South Dakota on 10/10/2024.]
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Filing 2
RETURN OF SERVICE Executed upon Defendant Pico Propane Operating, L.L.C. on 11/20/2023 (Theesfeld, Steven) [Transferred from South Dakota on 10/10/2024.]
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Filing 1
NOTICE OF REMOVAL by Over XXI, Inc. from Sixth Judicial Circuit, case number 42CIV23-000020. ($402 fee paid, receipt# ASDDC-4172382) (Attachments: #1 State Court Documents)(SKK) (Main Document 1 replaced on 11/30/2023) (SKK). [Transferred from South Dakota on 10/10/2024.]
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CLERK'S NOTICE: Fed. R. Civ. P. 73 requires that all parties be notified of the opportunity to consent to have a magistrate judge conduct all proceedings in civil cases. All parties must return the signed AO85 form to the Clerk's Office before the case is reassigned to a magistrate judge. DO NOT electronically file or return the signed form to the District Judge. The AO85 form can be found by clicking here: #National Forms: https://www.uscourts.gov/services-forms/forms. (SKK) [Transferred from South Dakota on 10/10/2024.]
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