Hanover Insurance Company v. Wirtgen, Inc. et al
| Hanover Insurance Company |
| Wirtgen GmbH, Kirby-Smith Machinery, Inc., Caterpillar Inc., McCloskey International, Ltd., Wirtgen International GmbH & Co. KG, Kleeman GmbH, Wirtgen, Inc., Wirtgen America Inc, Kleemann GmbH and Kirby-Smith Machinery Inc |
| 5:2017cv00176 |
| July 27, 2017 |
| US District Court for the Northern District of Texas |
| Lubbock Office |
| XX US, Outside State |
| Sam R Cummings |
| Torts/Pers Prop: Property Damage Product Liability |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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This docket was last retrieved on December 19, 2018. A more recent docket listing may be available from PACER.
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Filing 78
ORDER denying as moot #69 Motion for Summary Judgment; denying as moot #72 Motion to Dismiss for Lack of Jurisdiction; granting #77 Agreed Motion to Dismiss. IT IS THEREFORE ORDERED that all claims asserted in the civil action against Kleemann GmbH, Wirtgen America, Inc., Kirby-Smith Machinery, Inc., McCloskey International, Ltd., and Caterpillar Inc. are hereby DISMISSED WITH PREJUDICE with costs taxed against the party incurring the same. The Clerk of the Court is directed to close this civil action. (Ordered by Senior Judge Sam R Cummings on 12/19/2018) (bdg)
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| Filing 77 Agreed MOTION to Dismiss filed by Caterpillar Inc. (Attachments: #1 Proposed Order) (Howell, Brad) |
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Filing 76
ORDER: The Court ORDERS that the parties file papers necessary to dismiss this civil action no later than by 3:00 p.m. on December 21, 2018. In the alternative, the parties shall give notice that the settlement has not been consummated so that the Court may properly adjudicate the merits of the pending motions. (Ordered by Senior Judge Sam R Cummings on 12/18/2018) (bdg)
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Filing 75
ORDER denying #69 Motion for Oral Argument. The Court is of the opinion that the same should be DENIED. (Ordered by Senior Judge Sam R Cummings on 11/27/2018) (zzm)
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| Filing 74 Appendix in Support filed by McCloskey International, Ltd.(Northern Ireland) re #73 Brief/Memorandum in Support of Motion, #72 Second MOTION to Dismiss for Lack of Jurisdiction (Watson, James) |
| Filing 73 Brief/Memorandum in Support filed by McCloskey International, Ltd.(Northern Ireland) re #72 Second MOTION to Dismiss for Lack of Jurisdiction (Watson, James) |
| Filing 72 Second MOTION to Dismiss for Lack of Jurisdiction filed by McCloskey International, Ltd.(Northern Ireland) (Attachments: #1 Proposed Order) (Watson, James) |
| Filing 71 Brief/Memorandum in Support filed by Kirby-Smith Machinery, Inc. re #69 MOTION for Summary Judgment (Hubbard, Rhett) |
| Filing 70 Appendix in Support filed by Kirby-Smith Machinery, Inc. re #69 MOTION for Summary Judgment (Hubbard, Rhett) |
| Filing 69 MOTION for SUMMARY JUDGMENT; MOTION for ORAL ARGUMENT filed by Kirby-Smith Machinery, Inc. (Hubbard, Rhett). Modified text and added Motion for Oral Argument on 11/27/2018 (zzm). |
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Filing 68
ORDER: Denied as moot #51 Motion to Dismiss for Lack of Jurisdiction; granting #57 Motion for Leave to Conduct Jurisdictional Discovery; Denied as moot #62 Motion to Strike Plaintiff's Purported Evidence Attached to Response to Motion to Dismiss. The Court hereby ORDERS all discovery and the refiling of motions, if any, relating to this jurisdictional dispute be completed within 60 days of this Order. The Court shall enter an amended scheduling order on even date. (Ordered by Senior Judge Sam R Cummings on 9/17/2018) (bdg)
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Filing 67
AMENDED SCHEDULING ORDER: Motions in limine must be filed and discovery must be completed by 3:00 p.m. on March 8, 2019. Discovery due by 3/8/2019. Motions for summary judgment must be filed by 3:00 p.m. on November 16, 2018. Motions due by 11/16/2018. Jury Trial set for 4/1/2019 at 09:00 AM in US Courthouse, Courtroom C-216, 1205 Texas Avenue, Lubbock, TX 79401-4091 before Senior Judge Sam R Cummings. The Court's prior scheduling deadline to join other parties and amend pleadings remains unchanged. (Ordered by Senior Judge Sam R Cummings on 9/17/2018) (zzm)
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| Filing 66 Appendix in Support filed by Hanover Insurance Company re #65 Response/Objection, to McCloskey's Motion to Strike (Mosley, Kevin) |
| Filing 65 RESPONSE filed by Hanover Insurance Company re: #62 MOTION to Strike #56 Appendix in Support, #55 Response/Objection to 12(b)(2) Motion to Dismiss for Lack of Personal Jurisdiction (Attachments: #1 Proposed Order) (Mosley, Kevin) |
| Filing 64 PLAINTIFF'S REPLY TO #63 DEFENDANT'S RESPONSE TO PLAINTIFF'S MOTION FOR LEAVE TO CONDUCT JURISDICTIONAL DISCOVERY AND BRIEF IN SUPPORT filed by Hanover Insurance Company with Brief/Memorandum in Support. (Mosley, Kevin) Modified text on 7/23/2018 (zzm). |
| Filing 63 RESPONSE filed by McCloskey International, Ltd.(Northern Ireland) re: #57 MOTION for Discovery Motion for Leave to Conduct Jurisdictional Discovery (Attachments: #1 Proposed Order) (Watson, James) |
| Filing 62 MOTION to Strike #56 Appendix in Support, #55 Response/Objection to 12(b)(2) Motion to Dismiss for Lack of Personal Jurisdiction filed by McCloskey International, Ltd.(Northern Ireland) with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Watson, James) |
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Filing 61
ORDER: Any response to Plaintiff's Motion for Leave to Conduct Jurisdictional Discovery must be filed by 9:00 a.m. on July 9, 2018. (Ordered by Senior Judge Sam R Cummings on 6/28/2018) (zzm)
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Filing 60
ORDER granting #54 Motion to Withdraw and Substitute Lead Counsel filed on behalf of Defendant Caterpillar Inc. It is ORDERED that W. Ray Whitman, Kristen N. Hawes, and Baker Hostetler LLP are withdrawn as counsel of record. It is FURTHER ORDERED that Brad K. Howell and Mehaffy Weber are substituted as lead counsel for Defendant Caterpillar Inc. (Ordered by Senior Judge Sam R Cummings on 6/27/2018) (zzm)
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| Filing 59 Appendix in Support filed by Hanover Insurance Company re #58 Brief/Memorandum in Support of Motion, #57 MOTION for Discovery Motion for Leave to Conduct Jurisdictional Discovery (Mosley, Kevin) |
| Filing 58 Brief/Memorandum in Support filed by Hanover Insurance Company re #57 MOTION for Discovery Motion for Leave to Conduct Jurisdictional Discovery (Mosley, Kevin) |
| Filing 57 MOTION for Discovery Motion for Leave to Conduct Jurisdictional Discovery filed by Hanover Insurance Company (Attachments: #1 Proposed Order) (Mosley, Kevin) |
| Filing 56 Appendix in Support filed by Hanover Insurance Company re #55 Response/Objection to McCloskey International's Motion to Dismiss for Lack of Personal Jurisdiction (Mosley, Kevin) |
| Filing 55 RESPONSE filed by Hanover Insurance Company re: #51 MOTION to Dismiss for Lack of Jurisdiction (Attachments: #1 Response Brief, #2 Proposed Order) (Mosley, Kevin) |
| Filing 54 Unopposed MOTION to Substitute Attorney, Motion to Withdraw and Substitute Lead Counsel added attorney Brad Howell. Motion filed by Caterpillar Inc. (Attachments: #1 Exhibit(s)) (Howell, Brad) |
| Filing 53 Appendix in Support filed by McCloskey International, Ltd.(McCloskey Canada) re #52 Brief/Memorandum in Support of Motion to Dismiss for Lack of Personal Jurisdiction (Watson, James) |
| Filing 52 Brief/Memorandum in Support filed by McCloskey International, Ltd.(McCloskey Canada) re #51 MOTION to Dismiss for Lack of Jurisdiction (Watson, James) |
| Filing 51 MOTION to Dismiss for Lack of Jurisdiction filed by McCloskey International, Ltd.(McCloskey Canada) (Attachments: #1 Proposed Order) (Watson, James) |
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Filing 50
ORDER: The Court is of the opinion that #49 Plaintiff's Agreed Motion to Dismiss be GRANTED. IT IS ORDERED that all claims against Defendant Wirtgen, Inc. are DISMISSED WITH PREJUDICE, with costs taxed against the party incurring same. This partial dismissal does not affect Plaintiff's claims against any other Defendant. (Ordered by Senior Judge Sam R Cummings on 5/11/2018) (zzm)
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| Filing 49 Agreed MOTION to Dismiss Wirtgen Inc. filed by Hanover Insurance Company (Attachments: #1 Proposed Order) (Mosley, Kevin) |
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Filing 48
ORDER denying without prejudice #47 Motion to Dismiss. Plaintiff must file an agreed motion to dismiss with a certificate of conference indicating Defendant Wirtgen, Inc.'s consent to dismissal. (Ordered by Senior Judge Sam R Cummings on 5/7/2018) (bdg)
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| Filing 47 MOTION to Dismiss Wirtgen, Inc. filed by Hanover Insurance Company (Attachments: #1 Proposed Order) (Mosley, Kevin) |
| Filing 46 WAIVER OF SERVICE Returned Executed as to McCloskey International, Ltd.(Northern Ireland). Waiver sent on 4/6/2018. (Mosley, Kevin) |
| Filing 45 ANSWER to #41 Amended Complaint,, filed by Caterpillar Inc.. 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. (Howell, Brad) |
| Filing 44 ANSWER to #41 Amended Complaint,, with Jury Demand filed by Wirtgen, Inc.. 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. (Fletcher, Douglas) |
| Filing 43 ANSWER to #41 Amended Complaint,, with Jury Demand filed by Wirtgen America Inc. 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. (Fletcher, Douglas) |
| Filing 42 ANSWER to #41 Amended Complaint,, filed by Kleemann GmbH. 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. (Fletcher, Douglas) |
| Filing 41 AMENDED COMPLAINT against All Defendants filed by Hanover Insurance Company. 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. (zzm) |
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Filing 40
ORDER: The Court is of the opinion that Plaintiff's Motion to Amend Complaint should be GRANTED. Because Plaintiff's First Amended Complaint substitutes McCloskey International, Ltd. ("McCloskey Northern Ireland") for McCloskey International, Limited ("McCloskey Canada"), the incorrectly named Defendant "McCloskey Canada" should be TERMINATED as a party to this lawsuit. The Court notes that summons was issued to "McCloskey Northern Ireland" on February 21, 2018. That Defendant's deadline to answer or otherwise respond is governed by the Federal Rules of Civil Procedure. The deadline for all other Defendants already appearing in this action to file any amended answer or response to Plaintiff's First Amended Complaint is March 16, 2018. (Ordered by Senior Judge Sam R Cummings on 3/2/2018) (zzm)
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| Filing 39 Summons Issued as to McCloskey International, Ltd. (Northern Irleand). (krd) Modified text on 2/26/2018 (bdg). |
| Filing 38 Request for Clerk to issue Summons filed by Hanover Insurance Company. (Mosley, Kevin) |
| Filing 37 ANSWER to Crossclaim filed by McCloskey International, Ltd.. Related document: #31 Crossclaim (Watson, James) |
| Filing 36 ANSWER to Crossclaim filed by McCloskey International, Ltd.. Related document: #30 Crossclaim (Watson, James) |
| Filing 35 ANSWER to Crossclaim filed by Caterpillar Inc.. Related document: #31 Crossclaim (Howell, Brad) |
| Filing 34 ANSWER to Crossclaim filed by Caterpillar Inc.. Related document: #30 Crossclaim (Howell, Brad) |
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Filing 33
ORDER: Amended Pleadings due by 4/16/2018. Discovery due by 1/14/2019. Joinder of Parties due by 4/16/2018. Motions for summary judgment due by 9/17/2018. Motions in limine due by 01/04/2019. Jury Trial set for 2/4/2019 09:00 AM in US Courthouse, Courtroom C-216, 1205 Texas Avenue, Lubbock, TX 79401-4091 before Senior Judge Sam R Cummings. (Ordered by Senior Judge Sam R Cummings on 1/26/2018) (bdg)
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| Filing 32 RESPONSE filed by McCloskey International, Ltd. re: #27 MOTION to Amend/Correct Complaint (Attachments: #1 Exhibit(s) A) (Watson, James) |
| Filing 31 CROSSCLAIM against Caterpillar Inc., McCloskey International, Ltd. filed by Wirtgen America Inc (Robb, Keith) |
| Filing 30 CROSSCLAIM against Caterpillar Inc., McCloskey International, Ltd. filed by Kleemann GmbH (Robb, Keith) |
| Filing 29 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Kleemann GmbH. (Robb, Keith) |
| Filing 28 ANSWER to Complaint filed by Kleemann GmbH. 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. Attorney Keith A Robb added to party Kleemann GmbH(pty:dft) (Robb, Keith) |
| Filing 27 MOTION to Amend/Correct Complaint filed by Hanover Insurance Company (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Proposed Order) (Mosley, Kevin) |
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Filing 26
ORDER OF PARTIAL DISMISSAL: The Court, having considered Plaintiffs Proof of Service and Motion to Dismiss #25 , filed December 20, 2017, is of the opinion that the motion should be GRANTED. It is therefore ORDERED that all claims asserted against Defendant Wirtgen International GmbH & Co. KG and DefendantWirtgen GmbH in the above-styled and -numbered civil action are DISMISSED WITHOUT PREJUDICE. Party Wirtgen GmbH and Wirtgen International GmbH & Co. KG terminated. (Ordered by Senior Judge Sam R Cummings on 1/2/2018) (bmg)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:26. Tue Jan 2 14:46:15 CST 2018 (crt) |
| Filing 25 MOTION to Dismiss Wirtgen International GmbH & Co. KG and Wirtgen GmbH filed by Hanover Insurance Company (Attachments: #1 Exhibit(s) A) (Mosley, Kevin) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:24. Tue Dec 5 12:13:37 CST 2017 (crt) |
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Filing 24
ORDER: It is ORDERED that Plaintiff's claims against the named Defendant's will be dismissed without prejudice if proof of service has not been filed by 9:00 a.m. on December 29, 2017. (Ordered by Senior Judge Sam R Cummings on 12/4/2017) (zzm) Modified tex on 12/5/2017 (bdg).
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Filing 23
ORDER: The Court having considered Plaintiff's Notice of Errata, it is ORDERED that all references in the above-styled and -numbered civil action to Defendant "Kleeman GmbH" are amended to "Kleemann GmbH." The Clerk has updated Defendant name. (Ordered by Senior Judge Sam R Cummings on 11/13/2017) (zzm) Modified text on 11/13/2017 (zzm).
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:23. Mon Nov 13 10:40:35 CST 2017 (crt) |
| Filing 22 NOTICE of Errata filed by Hanover Insurance Company (Attachments: #1 Proposed Order) (Mosley, Kevin) |
| Filing 21 Summons Issued as to Kleeman GmbH. (bdg) |
| Filing 20 Request for Clerk to issue Summons filed by Hanover Insurance Company. (Mosley, Kevin) |
| Filing 19 AMENDED ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Wirtgen America Inc (Fletcher, Douglas) Modified text on 10/26/2017 (krd). |
| Filing 18 NOTICE of Opposing Party's Written Consent filed by Wirtgen America Inc (Attachments: #1 Exhibit(s)) (Fletcher, Douglas) |
| Filing 17 Summons Issued as to Wirtgen GmbH. (zzm) |
| Filing 16 Request for Clerk to issue Summons filed by Hanover Insurance Company. (Mosley, Kevin) |
| Filing 15 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Wirtgen, Inc.. (Fletcher, Douglas) |
| Filing 14 ANSWER to Complaint with Jury Demand filed by Wirtgen, Inc.. 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. Attorney Douglas D Fletcher added to party Wirtgen, Inc.(pty:dft) (Fletcher, Douglas) |
| Filing 13 SUMMONS Returned Executed as to Wirtgen, Inc. ; served on 9/29/2017. (Mosley, Kevin) |
| Filing 12 Summons Issued 09/26/2017 as to Wirtgen, Inc. (zzm) |
| Filing 11 Request for Clerk to issue Summons filed by Hanover Insurance Company. (Mosley, Kevin) |
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Filing 10
ORDER granting #9 Motion for Leave to Appear Without Local Counsel. (Ordered by Senior Judge Sam R Cummings on 9/22/2017) (bdg)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:10. Fri Sep 22 10:13:58 CDT 2017 (crt) |
| Filing 9 MOTION Leave to Proceed Without Local Counsel filed by Hanover Insurance Company (Attachments: #1 Proposed Order) (Mosley, Kevin) |
| Filing 8 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Hanover Insurance Company. (Mosley, Kevin) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:7. Mon Sep 11 08:08:19 CDT 2017 (crt) |
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Filing 7
ORDER granting #6 Application for Admission Pro Hac Vice of Kristen N. Hawes. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Senior Judge Sam R Cummings on 9/8/2017) (zzm)
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| Filing 6 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Kristen N. Hawes (Filing fee $25; Receipt number 0539-8649725) filed by Caterpillar Inc. (Howell, Brad) |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Wirtgen America Inc. (Fletcher, Douglas) |
| Filing 4 ANSWER to #1 Complaint with Jury Demand filed by Wirtgen America Inc. 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. (Fletcher, Douglas) Modified to add linkage on 8/17/2017 (zzm). |
| Filing 3 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by McCloskey International, Ltd.. (Watson, James) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:2. Mon Jul 31 09:05:14 CDT 2017 (crt) |
| Filing 2 New Case Notes: A filing fee has been paid. 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. (zzm) |
| Filing 1 NOTICE OF REMOVAL from 110 Judicial District Court, Floyd County, Texas, case number 10870 filed by Caterpillar Inc.. (Filing fee $400; receipt number 0539-8563548) 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 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C-1, #4 Exhibit(s) C-2, #5 Exhibit(s) C-3, #6 Exhibit(s) C-4, #7 Exhibit(s) C-5, #8 Exhibit(s) C-6, #9 Exhibit(s) C-7, #10 Exhibit(s) C-8, #11 Exhibit(s) C-9, #12 Exhibit(s) C-10, #13 Exhibit(s) C-11, #14 Exhibit(s) C-12, #15 Exhibit(s) C-13, #16 Exhibit(s) C-14, #17 Exhibit(s) C-15, #18 Exhibit(s) D, #19 Exhibit(s) E-1, #20 Exhibit(s) E-2, #21 Exhibit(s) E-3, #22 Cover Sheet, #23 Cover Sheet Supplement) (Howell, Brad) |
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