Marble et al v. NS JPF Lender LLC et al
| James Marble, Vivian Marble and Commissioners of the Land Office |
| NS JPF LENDER, LLC, Jim Parker Farms LLC and Bureau of Land Management |
| 7:2024cv00034 |
| March 13, 2024 |
| US District Court for the Northern District of Texas |
| Wichita Falls Office |
| Reed C O'Connor |
| Real Property: All Other Real Property |
| 28 U.S.C. § 1332 Diversity-Injunctive & Declaratory Relief |
| Plaintiff |
Docket Report
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| Filing 74 New Case Notes: A filing fee has been paid. File to: No court file needed. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (No magistrate judge assigned). Clerk to provide copy to plaintiff if not received electronically. (bdb) |
| Filing 73 Case electronically transferred in from District of Oklahoma Western; Case Number 5:23-cv-00227. 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. |
Filing 72
ORDER granting in part #33 Motion to Dismiss and granting in part #35 Motion to Dismiss. The Court orders that this case be transferred to the United States District Court, Northern District of Texas, Wichita Falls Division. As this case is consolidated with CIV-24-00110 for purposes of the Courts venue determination, the Court orders that it be transferred to the same court.. Signed by Judge Jodi W. Dishman on 3/13/2024. (nv) [Transferred from Oklahoma Western on 3/13/2024.]
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Filing 71
ORDER granting in part #66 Motion to Consolidate Cases and to the extent set forth in this Order. The Clerk is directed to file a copy of this Order in the CIV-24-00110-JD action. Signed by Judge Jodi W. Dishman on 3/12/2024. (nv) [Transferred from Oklahoma Western on 3/13/2024.]
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| NOTICE from the Court #69 Response to Motion is STRICKEN, as an amended version was filed at Doc. No. #70 (rp) [Transferred from Oklahoma Western on 3/13/2024.] |
| Filing 70 RESPONSE to Motion re #66 MOTION to Consolidate Cases Amended filed by Bureau of Land Management. (Attachments: #1 Exhibit 1-Email)(Rodriguez, Cara) [Transferred from Oklahoma Western on 3/13/2024.] |
| Filing 69 STRICKEN. RESPONSE to Motion re #66 MOTION to Consolidate Cases filed by Bureau of Land Management. (Rodriguez, Cara) [Transferred from Oklahoma Western on 3/13/2024.] |
| Filing 68 RESPONSE to Motion re #66 MOTION to Consolidate Cases filed by Jim Parker Farms LLC. (Lamle, Carson) [Transferred from Oklahoma Western on 3/13/2024.] |
| Filing 67 ENTER ORDER. Under Local Civil Rule 7.1(g), the Court orders expedited briefing on #66 Plaintiffs' Motion to Consolidate. Any party who wishes to file a response shall do so by February 16, 2024. No reply will be permitted. Entered at the direction of Judge Jodi W. Dishman on 2/6/2024. (nv) [Transferred from Oklahoma Western on 3/13/2024.] |
| Filing 66 MOTION to Consolidate Cases by James Marble, Vivian Marble. (Attachments: #1 Exhibit 1-Order)(Mahaffey, Gregory) [Transferred from Oklahoma Western on 3/13/2024.] |
| Filing 65 NOTICE OF RELATED OR COMPANION CASE by Bureau of Land Management (Rodriguez, Cara) [Transferred from Oklahoma Western on 3/13/2024.] |
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Filing 64
ORDER denying #60 Motion for Hearing without prejudice to resubmission. Nothing about this Order precludes the parties from conducting counsel-to-counsel negotiations or other agreed ADR efforts as the circumstances warrant. Signed by Judge Jodi W. Dishman on 12/21/2023. (nv) [Transferred from Oklahoma Western on 3/13/2024.]
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| Filing 63 RESPONSE to Motion re #60 MOTION for Hearing MOTION FOR EARLY JUDICIAL SETTLEMENT CONFERENCE AND/OR STATUS CONFERENCE TO DISCUSS DESIRABILITY OF SAME DEFENDANT JIM PARKER FARMS, LLCS RESPONSE TO PLAINTIFFS MOTION FOR EARLY JUDICIAL SETTLEMENT CONFERENCE AND/OR STATUS CONFERENCE TO DISCUSS DESIRABILITY OF SAME filed by Jim Parker Farms LLC. (Lamle, Carson) [Transferred from Oklahoma Western on 3/13/2024.] |
| Filing 62 RESPONSE to Motion re #60 MOTION for Hearing MOTION FOR EARLY JUDICIAL SETTLEMENT CONFERENCE AND/OR STATUS CONFERENCE TO DISCUSS DESIRABILITY OF SAME filed by Bureau of Land Management. (Rodriguez, Cara) [Transferred from Oklahoma Western on 3/13/2024.] |
| Filing 61 NOTICE (other) by All Plaintiffs OF SCRIVENER'S ERROR ON DOC. NO. 60 (Brown, Lauren) [Transferred from Oklahoma Western on 3/13/2024.] |
| Filing 60 MOTION for Hearing MOTION FOR EARLY JUDICIAL SETTLEMENT CONFERENCE AND/OR STATUS CONFERENCE TO DISCUSS DESIRABILITY OF SAME by All Plaintiffs. (Attachments: #1 Exhibit 1 - Journal Entry)(Mahaffey, Gregory) [Transferred from Oklahoma Western on 3/13/2024.] |
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Filing 59
ORDER granting #44 Motion for Extension of Time to File a Response to the First Amended Complaint. Signed by Judge Jodi W. Dishman on 7/13/2023. (nv) [Transferred from Oklahoma Western on 3/13/2024.]
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| Filing 58 REPLY by Defendant Bureau of Land Management re #53 Objections filed by Bureau of Land Management. (Rodriguez, Cara) [Transferred from Oklahoma Western on 3/13/2024.] |
| Filing 57 REPLY by Defendant Bureau of Land Management re #52 Response to Motion, filed by Bureau of Land Management. (Rodriguez, Cara) [Transferred from Oklahoma Western on 3/13/2024.] |
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Filing 56
ORDER granting #55 Motion for Leave to File Reply. Signed by Judge Jodi W. Dishman on 7/5/2023. (nv) [Transferred from Oklahoma Western on 3/13/2024.]
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| Filing 55 MOTION for Leave to File Reply by Bureau of Land Management. (Attachments: #1 Exhibit 1-Reply)(Rodriguez, Cara) [Transferred from Oklahoma Western on 3/13/2024.] |
| Filing 54 ENTER ORDER re #53 Objection and Response filed by Commissioners of the Land Office, Vivian Marble, James Marble. The Court ORDERS that Defendant United States of America file a reply addressing the arguments in the Response on or before July 10, 2023. Entered at the direction of Judge Jodi W. Dishman on 7/5/2023. (nv) [Transferred from Oklahoma Western on 3/13/2024.] |
| Filing 53 OBJECTIONS re #44 MOTION for Extension of Time to file a Response to the First Amended Complaint and Response filed by All Plaintiffs. (Adkison, Micah) [Transferred from Oklahoma Western on 3/13/2024.] |
| Filing 52 RESPONSE to Motion re #38 MOTION to Transfer Case Venue and Brief in Support Supplemental filed by All Plaintiffs. (Attachments: #1 Exhibit 1-Marble's Special Appearance & Plea, #2 Exhibit 2-Notice of Removal)(Adkison, Micah) [Transferred from Oklahoma Western on 3/13/2024.] |
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Filing 51
ORDER granting #49 Motion for Extension of Time. Plaintiffs shall file their response to Doc. No. #38 , with any necessary supplements by June 28, 2023. Any optional reply, addressing new information only, must be filed within 7 days after the filing of the response. Signed by Judge Jodi W. Dishman on 6/27/2023. (nv) [Transferred from Oklahoma Western on 3/13/2024.]
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| Filing 50 DISCLOSURE STATEMENT - CORPORATE by NS JPF Lender LLC /Defendant NS JPF's First Amended Corporate Disclosure Statement. (Pacewicz, Michael) [Transferred from Oklahoma Western on 3/13/2024.] |
| Filing 49 MOTION for Extension of Time to Respond to Motion to Transfer Venue by All Plaintiffs. (Attachments: #1 Exhibit 1-Prop Order, #2 Exhibit 2-Aff of MLA)(Adkison, Micah) [Transferred from Oklahoma Western on 3/13/2024.] |
| NOTICE from the Court #48 MOTION for Extension of Time to Respond to Motion to Transfer Venue MOTION for Extension of Time to File Response/Reply as to #38 MOTION to Transfer Case Venue and Brief in Support is STRICKEN for failure to comply with this Court's CM-ECF Policies and Procedures Manual, Section II(A)(4)(a). Specifically, all exhibits must have a numerical designation as well as a description within the docket text. Counsel to refile. (nv) [Transferred from Oklahoma Western on 3/13/2024.] |
| Filing 48 STRICKEN MOTION for Extension of Time to Respond to Motion to Transfer Venue, MOTION for Extension of Time to File Response/Reply as to #38 MOTION to Transfer Case Venue and Brief in Support by Commissioners of the Land Office, James Marble, Vivian Marble. (Attachments: #1 Exhibit, #2 Exhibit)(Adkison, Micah) [Transferred from Oklahoma Western on 3/13/2024.] |
| Filing 47 ENTER ORDER re #44 MOTION for Extension of Time to file a Response to the First Amended Complaint filed by Bureau of Land Management. Entered at the direction of Judge Jodi W. Dishman on 6/22/2023. (nv) [Transferred from Oklahoma Western on 3/13/2024.] |
| Filing 46 RESPONSE to Motion re #38 MOTION to Transfer Case Venue and Brief in Support filed by All Plaintiffs. (Attachments: #1 Exhibit 1-Notice of Removal, #2 Exhibit 2-Motion to Transfer)(Adkison, Micah) [Transferred from Oklahoma Western on 3/13/2024.] |
| Filing 45 RESPONSE to Motion re #38 MOTION to Transfer Case Venue and Brief in Support filed by Bureau of Land Management. (Rodriguez, Cara) [Transferred from Oklahoma Western on 3/13/2024.] |
| Filing 44 MOTION for Extension of Time to file a Response to the First Amended Complaint by Bureau of Land Management. (Rodriguez, Cara) [Transferred from Oklahoma Western on 3/13/2024.] |
| Filing 43 ENTRY of Appearance by Cara N Rodriguez on behalf of Bureau of Land Management (Rodriguez, Cara) [Transferred from Oklahoma Western on 3/13/2024.] |
| Filing 42 RESPONSE to Motion re #38 MOTION to Transfer Case Venue and Brief in Support filed by Jim Parker Farms LLC. (Day, Seth) [Transferred from Oklahoma Western on 3/13/2024.] |
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Filing 41
ORDER re #25 Disclosure Statement - Corporate filed by NS JPF Lender LLC. Defendant shall file a proper disclosure statement identifying the LLC's members in compliance with this Order by June 26, 2023. Signed by Judge Jodi W. Dishman on 6/12/2023. (nv) [Transferred from Oklahoma Western on 3/13/2024.]
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| Filing 40 RESPONSE to Motion re #35 MOTION to Dismiss , Joinder to Co-Defendant JPF Lender LLC's Motion to Dismiss and Brief in Support filed by All Plaintiffs. (Attachments: #1 Exhibit 1 - Decl of Abbott)(Brown, Lauren) [Transferred from Oklahoma Western on 3/13/2024.] |
| Filing 39 RESPONSE to Motion re #33 MOTION to Dismiss for Lack of Subject Matter Jurisdiction, Lack of Personal Jurisdiction, and for Improper Venue and Brief in Support filed by All Plaintiffs. (Attachments: #1 Exhibit 1 - Decl of Abbott)(Brown, Lauren) [Transferred from Oklahoma Western on 3/13/2024.] |
| Filing 38 MOTION to Transfer Case Venue and Brief in Support by NS JPF Lender LLC. (Attachments: #1 Exhibit 1- Plaintiff's First Amended Complaint, #2 Exhibit 2- Declaration of David Petersen, #3 Exhibit 3- Declaration of David Rockaway, #4 Exhibit 4- Plaintiff's Original Petition, #5 Exhibit 5- Notice of Removal to Federal Court)(Pacewicz, Michael) [Transferred from Oklahoma Western on 3/13/2024.] |
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Filing 37
ORDER granting #29 Defendant NS JPF Lender, LLCs Motions for Admission ofPro Hac Vice of Carlisle A. Braun; granting #30 Motion to Appear Pro Hac Vice of Josh Weems; granting #31 Motion to Appear Pro Hac Vice and Regina Schneider. Signed by Judge Jodi W. Dishman on 5/15/2023. (mb) [Transferred from Oklahoma Western on 3/13/2024.]
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| Filing 36 Summons Issued Electronically as to Bureau of Land Management. (kb) [Transferred from Oklahoma Western on 3/13/2024.] |
| Docket Annotation: The Courts Order [Doc. No. 34] applies to [Doc. No. 35] and any subsequent similar motions. (mb) [Transferred from Oklahoma Western on 3/13/2024.] |
| Filing 35 MOTION to Dismiss , Joinder to Co-Defendant JPF Lender LLC's Motion to Dismiss and Brief in Support by Jim Parker Farms LLC. (Day, Seth) [Transferred from Oklahoma Western on 3/13/2024.] |
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Filing 34
ORDER: Plaintiffs to initiate a meet and confer between counsel for the parties prior to Plaintiffs filing their response to the Motion. The conference can be telephonic. Plaintiffs response, if filed, shall include a certificate of conference advising the Court of the date of the conference and summarizing all matters that have been resolved by agreement. If the issues in the Motion are resolved by agreement at any time, counsel shall immediately notify the Court. Signed by Judge Jodi W. Dishman on 5/10/2023. (mb) [Transferred from Oklahoma Western on 3/13/2024.]
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| Filing 33 MOTION to Dismiss for Lack of Subject Matter Jurisdiction, Lack of Personal Jurisdiction, and for Improper Venue and Brief in Support by NS JPF Lender LLC. (Attachments: #1 Exhibit 1-First Amended Complaint Filed March 28, 2023 [Doc 10], #2 Exhibit 2-Declaration of David Petersen, #3 Exhibit 3- Declaration of David Rockaway)(Pacewicz, Michael) [Transferred from Oklahoma Western on 3/13/2024.] |
| Filing 32 Receipt for Money Received in the amount of $300, receipt number 500001944 regarding #31 MOTION for Leave to Appear Pro Hac Vice re: Regina Schneider, #29 MOTION for Leave to Appear Pro Hac Vice re: Carlisle Anthony Braun, #30 MOTION for Leave to Appear Pro Hac Vice re: Josh Weems. Paid in full. (ekw) [Transferred from Oklahoma Western on 3/13/2024.] |
| Filing 31 MOTION for Leave to Appear Pro Hac Vice re: Regina Schneider by NS JPF Lender LLC. (Attachments: #1 Exhibit 1: Request for Admission Pro Hac Vice Regina Schneider, #2 Exhibit 2: Letter of Good Standing from The Supreme Court of TX re Regina Nicole Schneider dtd 5-02-23)(Pacewicz, Michael) [Transferred from Oklahoma Western on 3/13/2024.] |
| Filing 30 MOTION for Leave to Appear Pro Hac Vice re: Josh Weems by NS JPF Lender LLC. (Attachments: #1 Exhibit 1 - Request for Admission Pro Hac Vice re Josh Weems, #2 Exhibit 2 - Letter of Good Standing from The Supreme Court of Texas re Josh Weems)(Pacewicz, Michael) [Transferred from Oklahoma Western on 3/13/2024.] |
| Filing 29 MOTION for Leave to Appear Pro Hac Vice re: Carlisle Anthony Braun by NS JPF Lender LLC. (Attachments: #1 Exhibit 1 - Request for Admission Pro Hac Vice re Carlisle A. Braun, #2 Exhibit 2 - Letter of Good Standing from The Supreme Court of TX re Carlisle Anthony Braun dtd 4-25-23)(Pacewicz, Michael) [Transferred from Oklahoma Western on 3/13/2024.] |
| Filing 28 STRICKEN. MOTION for Leave to Appear Pro Hac Vice regarding Regina Schneider by NS JPF Lender LLC. (Attachments: #1 Exhibit 1 - Request for Admission Pro Hac Vice re Regina Schneider, #2 Exhibit 2 - Letter of Good Standing from The Supreme Court of TX re Regina Nicole Schneider dtd 5-02-23)(Pacewicz, Michael) [Transferred from Oklahoma Western on 3/13/2024.] |
| Filing 27 STRICKEN. MOTION for Leave to Appear Pro Hac Vice re: Josh Weems by NS JPF Lender LLC. (Attachments: #1 Exhibit 1 - Request for Admission Pro Hac Vice re Josh Weems, #2 Exhibit 2 - Letter of Good Standing from The Supreme Court of Texas re Josh Weems)(Pacewicz, Michael) [Transferred from Oklahoma Western on 3/13/2024.] |
| Filing 26 STRICKEN. MOTION for Leave to Appear Pro Hac Vice re: Carlisle Anthony Braun by NS JPF Lender LLC. (Attachments: #1 Exhibit 1: Request for Admission Pro Hac Vice re Carlisle Anthony Braun, #2 Exhibit 2: Letter of Good Standing from The Supreme Court of TX re Carlisle Anthony Braun dtd 4-25-23)(Pacewicz, Michael) [Transferred from Oklahoma Western on 3/13/2024.] |
| NOTICE from the Court #28 MOTION for Leave to Appear Pro Hac Vice regarding Regina Schneider, #26 MOTION for Leave to Appear Pro Hac Vice re: Carlisle Anthony Braun, #27 MOTION for Leave to Appear Pro Hac Vice re: Josh Weems are STRICKEN, due to counsel's failure to completely fill out the request form specifically the state bar membership number is missing. Counsel to refile within 24 hours from this Notice. The filing should not differ in substance apart from addressing the deficiencies raised in this Notice. The $100 filing fee per attorney must be paid. (rr) [Transferred from Oklahoma Western on 3/13/2024.] |
| Filing 25 DISCLOSURE STATEMENT - CORPORATE by NS JPF Lender LLC . (Pacewicz, Michael) [Transferred from Oklahoma Western on 3/13/2024.] |
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Filing 24
ORDER. This Court ORDERS Defendant NS JPF Lender, LLC to file within 7 days of this Order its separate Disclosure Statement complying with LCvR7.1.1 and Federal Rule of Civil Procedure 7.1 so that the Court can properly evaluate this case both for jurisdiction and conflicts of interest. Signed by Judge Jodi W. Dishman on 4/20/2023. (nv) [Transferred from Oklahoma Western on 3/13/2024.]
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Filing 23
ORDER granting #22 Motion for Extension of Time to Answer. The Court extends the deadline for Defendant NS JPF Lender, LLC to answer, move against, or otherwise respond to Plaintiffs' First Amended Complaint to May 10, 2023. Signed by Judge Jodi W. Dishman on 4/20/2023. (nv) [Transferred from Oklahoma Western on 3/13/2024.]
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| Filing 22 UNOPPOSED MOTION for Extension of Time to File Answer re #10 Amended Complaint or Other Responsive Pleading by NS JPF Lender LLC. (Pacewicz, Michael) [Transferred from Oklahoma Western on 3/13/2024.] |
| Filing 21 ENTRY of Appearance by Michael R Pacewicz on behalf of NS JPF Lender LLC (Pacewicz, Michael) [Transferred from Oklahoma Western on 3/13/2024.] |
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Filing 20
ORDER granting #19 UNOPPOSED MOTION for Extension of Time to File Answer re #10 Amended Complaint Jim Parker Farms LLC. The Court extends the deadline for Defendant Jim Parker Farms, LLC to answer, move against, or otherwise respond to Plaintiffs' FirstAmended Complaint to May 10, 2023. Signed by Judge Jodi W. Dishman on 4/18/2023. (nv) [Transferred from Oklahoma Western on 3/13/2024.]
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| Filing 19 UNOPPOSED MOTION for Extension of Time to File Answer re #10 Amended Complaint by Jim Parker Farms LLC. (Day, Seth) [Transferred from Oklahoma Western on 3/13/2024.] |
| Filing 18 DISCLOSURE STATEMENT - LLC by Jim Parker Farms LLC . (Day, Seth) [Transferred from Oklahoma Western on 3/13/2024.] |
| Filing 17 ENTRY of Appearance by Littleton Tazewell Ellett, IV on behalf of Jim Parker Farms LLC (Ellett, Littleton) [Transferred from Oklahoma Western on 3/13/2024.] |
| Filing 16 ENTRY of Appearance by Carson Glass Lamle on behalf of Jim Parker Farms LLC (Lamle, Carson) [Transferred from Oklahoma Western on 3/13/2024.] |
| Filing 15 ENTRY of Appearance by Seth A Day on behalf of Jim Parker Farms LLC (Day, Seth) [Transferred from Oklahoma Western on 3/13/2024.] |
| Filing 14 SUMMONS RETURNED EXECUTED by James Marble, Vivian Marble, Commissioners of the Land Office. Bureau of Land Management served on 4/5/2023. (Mahaffey, Gregory) [Transferred from Oklahoma Western on 3/13/2024.] |
| Filing 13 SUMMONS Returned Executed by James Marble, Vivian Marble, Commissioners of the Land Office. Jim Parker Farms LLC served on 3/30/2023. (Mahaffey, Gregory) [Transferred from Oklahoma Western on 3/13/2024.] |
| Filing 12 SUMMONS Returned Executed by James Marble, Vivian Marble, Commissioners of the Land Office. NS JPF Lender LLC served on 3/30/2023. (Mahaffey, Gregory) [Transferred from Oklahoma Western on 3/13/2024.] |
| Filing 11 NOTICE OF RELATED OR COMPANION CASE by All Plaintiffs (Mahaffey, Gregory) [Transferred from Oklahoma Western on 3/13/2024.] |
| Filing 10 AMENDED COMPLAINT against All Defendants filed by All Plaintiffs.(Mahaffey, Gregory) [Transferred from Oklahoma Western on 3/13/2024.] |
| Filing 9 RESPONSE TO ORDER TO SHOW CAUSE filed by All Plaintiffs. (Attachments: #1 Exhibit 1-First Amended Complaint)(Mahaffey, Gregory) [Transferred from Oklahoma Western on 3/13/2024.] |
| Filing 8 ENTRY of Appearance by Jack D Craven on behalf of James Marble, Vivian Marble (Craven, Jack) [Transferred from Oklahoma Western on 3/13/2024.] |
| Filing 7 ENTRY of Appearance by Wm Bailey Cook, III on behalf of James Marble, Vivian Marble (Cook, Wm) [Transferred from Oklahoma Western on 3/13/2024.] |
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Filing 6
ORDER TO SHOW CAUSE . The Court ORDERS the Plaintiffs James Marble, Vivian Marble, and State of Oklahoma ex rel. Commissioners of the Land Office, to show cause within 14 days, or by March 31, 2023, why this case should not be dismissed for lack of subject-matter jurisdiction. Signed by Judge Jodi W. Dishman on 3/17/2023. (nv) [Transferred from Oklahoma Western on 3/13/2024.]
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| Filing 5 ENTRY of Appearance by Lauren Marie Brown on behalf of All Plaintiffs (Brown, Lauren) [Transferred from Oklahoma Western on 3/13/2024.] |
| Filing 4 ENTRY of Appearance by Micah L Adkison on behalf of All Plaintiffs (Adkison, Micah) [Transferred from Oklahoma Western on 3/13/2024.] |
| Filing 3 ENTRY of Appearance by Gregory L Mahaffey on behalf of All Plaintiffs (Mahaffey, Gregory) [Transferred from Oklahoma Western on 3/13/2024.] |
| Filing 2 Summons Issued Electronically as to Bureau of Land Management, Jim Parker Farms LLC, NS JPF Lender LLC. (naa) [Transferred from Oklahoma Western on 3/13/2024.] |
| Filing 1 COMPLAINT against Bureau of Land Management, Jim Parker Farms LLC, NS JPF Lender LLC filed by James Marble, Vivian Marble, Commissioners of the Land Office. (Attachments: #1 Civil Cover Sheet)(naa) [Transferred from Oklahoma Western on 3/13/2024.] |
| PAYMENT FOR A CIVIL CASE Filing fee $ 402, receipt number AOKWDC-4111646. (Mahaffey, Gregory) [Transferred from Oklahoma Western on 3/13/2024.] |
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