Thomasson v. Stern
| Rebecca Thomasson |
| Philip D Stern |
| Philip D. Stern |
| Andrew T. Thomasson |
| 5:2021cv00687 |
| July 20, 2021 |
| US District Court for the Western District of Texas |
| Elizabeth S Chestney |
| Jason K Pulliam |
| Assault Libel & Slander |
| 28 U.S.C. § 1332 Diversity-Libel,Assault,Slander |
| Both |
Docket Report
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This docket was last retrieved on August 29, 2022. A more recent docket listing may be available from PACER.
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Filing 57
JUDGMENT. Signed by Judge Jason K. Pulliam. (nm)
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Filing 56
MEMORANDUM OPINION AND ORDER. Signed by Judge Jason K. Pulliam. (nm)
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Filing 55
RESPONSE by Rebecca Thomasson. (Bennecoff Ginsburg, Amy)
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Filing 54
RESPONSE by Philip D. Stern, Philip D Stern. (Stern, Philip)
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Filing 53
ORDER CANCELLING STATUS CONFERENCE, ORDERED that the status conference currently set for July 19,22022, at 10:30 a.m. is CANCELLED re #51 Order, Set Deadlines/Hearings,. Signed by Judge Elizabeth S. Chestney. (wg)
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Filing 52
MEMORANDUM OPINION AND ORDER --GRANTING IN PART AND DENYING IN PART re #43 Motion for Summary Judgment filed by Philip D Stern, #43 MOTION for Summary Judgment (A) As to the Complaint and (B) As to Plaintiff's Liability on the Counterclaim filed by Philip D Stern., ( Show Cause Response due by 7/18/2022,). Signed by Judge Jason K. Pulliam. (mgr)
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Filing 51
ORDER GRANTED re #49 MOTION for Hearing (Request for Conference) MOTION to Stay Discovery Pending Conference MOTION for Extension of Time to File Answer to Third-Party Defendant's Counterclaim #47 filed by Philip D Stern, Philip D. Stern, It is ORDERED that discovery is STAYED through the date of the conference. IT IS FURTHER ORDERED that Defendants deadline to file a response to the Third Party Defendants Counterclaim [#47] is STAYED pending further order of the Court. IT IS FINALLY ORDERED that the parties shall meet and confer to draft and file aJoint Agenda Letter to be filed on or before July 15, 2022. ( Status Conference set Via Zoom for 7/19/2022 10:30 AM before Judge Elizabeth S. Chestney,). Signed by Judge Elizabeth S. Chestney. (wg)
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Filing 50
NOTICE OF THIRD-PARTY DEFENDANT AND COUNTERCLAIM-PLAINTIFFS SUGGESTION OF BANKRUPTCY by Andrew T. Thomasson (Attachments: #1 Exhibit A - Bankruptcy Petition)(Tom, Jeffrey)
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Filing 49
DEFENDANT'S MOTION for Hearing (Request for Conference), MOTION to Stay Discovery Pending Conference, MOTION for Extension of Time to File Answer to Third-Party Defendant's Counterclaim #47 by Philip D. Stern, Philip D Stern. (Attachments: #1 Exhibit, #2 Proposed Order). Motions referred to Judge Elizabeth S. Chestney. (Stern, Philip)
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Filing 48
DEFENDANT'S REPLY to Response to Motion, filed by Philip D Stern, re #43 MOTION for Summary Judgment (A) As to the Complaint and (B) As to Plaintiff's Liability on the Counterclaim filed by Philip D Stern (Attachments: #1 Affidavit (Reply Declaration) of Philip D. Stern)(Stern, Philip)
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Filing 47
THIRD-PARTY DEFENDANT AND COUNTERCLAIMANT ANSWER to #37 Third Party Complaint . Attorney Jeffrey J. Tom added to party Andrew T. Thomasson(pty:3pd), COUNTERCLAIM against Philip D. Stern by Andrew T. Thomasson. (Attachments: #1 Exhibit A Furey LTR re $40k, Jan. 6, 2021, #2 Exhibit B Order re OTSC Hearing, January 11, 2021., #3 Exhibit C Contempt Order August 6, 2021, #4 Exhibit D Settlement Agreement September 2, 2021, #5 Exhibit E Notice of Default September 7, 2021, #6 Exhibit F Email re Consent to Seal, October 12, 2021, #7 Exhibit G Stern Cert Opposing Motion to Seal, October 18, 2021, #8 Exhibit H Stern Cert Opposing Motion to Seal, October 28, 2021, #9 Exhibit I Order re Stern Breach, November 19, 2021, #10 Exhibit J Order re Litigant Rights, Feb. 3, 2022, #11 Exhibit K ABC Recorded, Jan. 14, 2022, #12 Exhibit L Verified Complaint in Support of the Order to Show Cause, #13 Exhibit M OTSC, #14 Exhibit N Stern Motion to Dismiss and Vacate ABC, March 31, 2022, #15 Exhibit O Opposition to Stern Motion to Dismiss and Vacate ABC)(Tom, Jeffrey)
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Text Order GRANTING #46 Motion for Extension of Time to File Response/Reply entered by Judge Elizabeth S. Chestney. IT IS HEREBY ORDERED that the deadline for filing Defendants Reply is extended from May 31, 2022 to June 6, 2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hm)
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Filing 46
Consent MOTION for Extension of Time to File Response/Reply as to #45 Response in Opposition to Motion, #43 MOTION for Summary Judgment (A) As to the Complaint and (B) As to Plaintiff's Liability on the Counterclaim by Philip D Stern.. Motions referred to Judge Elizabeth S. Chestney. (Stern, Philip)
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Filing 45
Plaintiff's Response in Opposition to Motion, filed by Rebecca Thomasson, re #43 MOTION for Summary Judgment (A) As to the Complaint and (B) As to Plaintiff's Liability on the Counterclaim filed by Philip D Stern (Attachments: #1 Appendix, #2 Declaration of Christopher Saldana)(Bennecoff Ginsburg, Amy)
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Filing 44
ADR Report Filed - by Rebecca Thomasson(Bennecoff Ginsburg, Amy)
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Filing 43
MOTION for Summary Judgment (A) As to the Complaint and (B) As to Plaintiff's Liability on the Counterclaim by Philip D Stern. (Attachments: #1 Appendix, #2 Proposed Order)(Stern, Philip)
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Text Order DISMISSING #42 Motion to Enforce Settlement. The matters addressed and evidence discussed in this Motion are better suited for a Motion for Summary Judgment. Therefore, this Motion to Enforce Settlement is dismissed without prejudice to the filing of a proper Motion for Summary Judgment. entered by Judge Jason K. Pulliam. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mk)
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Filing 42
MOTION to Enforce Settlement by Philip D Stern. (Attachments: #1 Proposed Order). Motions referred to Judge Elizabeth S. Chestney. (Stern, Philip)
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Filing 41
ANSWER to #38 Answer to Complaint, Counterclaim by Rebecca Thomasson.(Bennecoff Ginsburg, Amy)
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Filing 40
3rd Party Summons Issued as to Andrew T. Thomasson. (wg)
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Filing 39
REQUEST FOR ISSUANCE OF SUMMONS by Philip D. Stern. (Stern, Philip)
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Filing 38
FIRST AMENDED ANSWER to #1 Complaint with Jury Demand on all issues so triable, COUNTERCLAIM against All Plaintiffs by Philip D Stern. (Attachments: #1 Exhibit 1 - Settlement Agreement)(Stern, Philip)
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Filing 37
THIRD PARTY COMPLAINT against Andrew T. Thomasson, filed by Philip D. Stern.(wg)
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Filing 36
ANSWER to #1 Complaint with Jury Demand by Philip D Stern.(Stern, Philip)
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Filing 35
ORDER REFERRING CASE to Magistrate Judge Elizabeth S. Chestney. Signed by Judge Jason K. Pulliam. (wg)
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Filing 34
SCHEDULING ORDER, ( ADR Report Deadline due by 4/1/2022,, Amended Pleadings due by 5/2/2022,, Discovery due by 8/5/2022,, Joinder of Parties due by 5/2/2022,,Dispositive Motions due by 9/26/2022,). Signed by Judge Jason K. Pulliam. (wg)
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Filing 33
Minute Entry for proceedings held before Judge Jason K. Pulliam: Motion Hearing held on 2/23/2022 re #15 MOTION for Clerk's Entry of Default against Defendant, Philip D. Stern filed by Rebecca Thomasson, #18 MOTION for Default Judgment and Request for Evidentiary Hearing against Defendant, Philip D. Stern filed by Rebecca Thomasson (Minute entry documents are not available electronically.), Status Conference held on 2/23/2022 (Minute entry documents are not available electronically.). (Court Reporter Tish Moncivias.)(wg)
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Text Order MOOTING #15 Motion for Clerk's Entry of Default. For the reasons stated on the record at the February 23, 2022 status conference. Entered by Judge Jason K. Pulliam. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jf)
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Reset Deadlines: Philip D Stern answer due 3/1/2022. (wg)
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Text Order MOOTING #18 Motion for Default Judgment. For the reasons stated on the record at the February 23, 2022 status conference. Entered by Judge Jason K. Pulliam. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jf)
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Text Order DENYING 16 as moot Ex Parte Motion. Entered by Judge Jason K. Pulliam. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jf)
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Filing 32
ORDER SETTING STATUS CONFERENCE, ( Status Conference Via Zoom set for 2/23/2022 10:00 AM before Judge Jason K. Pulliam,). Signed by Judge Jason K. Pulliam. (wg)
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Filing 31
Unopposed MOTION for Extension of Time to File Response/Reply as to #26 Response in Opposition to Motion,, by Rebecca Thomasson. (Attachments: #1 Proposed Order)(Bennecoff Ginsburg, Amy)
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Text Order GRANTING #31 Motion for Extension of Time to File Response/Reply for good cause shown entered by Judge Jason K. Pulliam. Plaintiff's reply is due February 10, 2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jf)
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Text Order GRANTING #27 Motion for Extension of Time to File Response/Reply entered by Judge Jason K. Pulliam. Plaintiff's reply is due February 7, 2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jf)
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Notice of Correction: DOCUMENT FILED ON LETTER HEAD, IN THE FUTURE ALL DOCUMENTS ARE TO BE FILED IN THE PROPER FORMAT, AND STYLE OF THE CASE. TEXT EDITED :re #30 Response to Motion, (wg)
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Filing 30
ADVISORY TO THE COURT, filed by Philip D Stern, re #27 Unopposed MOTION for Extension of Time to File Response/Reply as to #26 Response in Opposition to Motion,, filed by Plaintiff Rebecca Thomasson [SUPPLEMENTAL] (Stern, Philip) Modified on 2/2/2022 (wg).
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Filing 29
PLAINTIFF'S REPLY to Response to Motion, filed by Rebecca Thomasson, re #27 Unopposed MOTION for Extension of Time to File Response/Reply as to #26 Response in Opposition to Motion,, filed by Plaintiff Rebecca Thomasson (Attachments: #1 Exhibit A, Stern's Express Representations of Consent)(Bennecoff Ginsburg, Amy) Modified on 2/1/2022 (wg).
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Filing 28
DEFENDANT'S RESPONSE to Motion, filed by Philip D Stern, re #27 Unopposed MOTION for Extension of Time to File Response/Reply as to #26 Response in Opposition to Motion,, filed by Plaintiff Rebecca Thomasson (Stern, Philip)
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Filing 27
Unopposed MOTION for Extension of Time to File Response/Reply as to #26 Response in Opposition to Motion,, by Rebecca Thomasson. (Attachments: #1 Proposed Order)(Bennecoff Ginsburg, Amy)
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Filing 26
Defendant's Response in Opposition to Motion, filed by Philip D Stern, re #15 MOTION for Clerk's Entry of Default against Defendant, Philip D. Stern filed by Plaintiff Rebecca Thomasson, #18 MOTION for Default Judgment and Request for Evidentiary Hearing against Defendant, Philip D. Stern filed by Plaintiff Rebecca Thomasson (including Motion to Accept Opposition filed on January 23, 2022) (Attachments: #1 Affidavit (Declaration) of Philip D. Stern)(Stern, Philip)
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Filing 25
ADVISORY TO THE COURT by Philip D Stern . (Stern, Philip)
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Filing 24
RESPONSE to #17 Order by Philip D Stern. (Stern, Philip)
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Filing 23
SUPPLEMENT to #21 Supplement, #20 Response, CORRECTED by Philip D Stern. (Stern, Philip)
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Filing 22
***NOTIFIED COUNSEL, DOCUMENT REQUIRES A COVER PAGE WITH CASE NUMBER, CASE STYLE AND NUMBER ***DEFICIENCY NOTICE: re #21 Supplement (wg)
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Filing 21
***DOCUMENT DEFICIENT, NO COVER SHEET, CASE NUMBER OF TITLE OF DOCUMENT ****SUPPLEMENT to #20 Response, Corrected Copy of Settlement Agreement previously filed as DE 20-1 by Philip D Stern. (Stern, Philip) Modified on 1/18/2022 (wg).
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Filing 20
RESPONSE (Initial) to #17 Order, #14 Order,, Set/Reset Answer Deadline, by Philip D Stern. (Attachments: #1 Exhibit A - Settlement Agreement, #2 Exhibit B - Dismissal Order filed in Stern v. Thomasson, N.J.Super.Ct. Dkt. No. UNN-C-106-20, #3 Exhibit Certificate of Service)(Stern, Philip)
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Filing 19
CERTIFICATE OF SERVICE by Rebecca Thomasson #18 MOTION for Default Judgment and Request for Evidentiary Hearing against Defendant, Philip D. Stern (Attachments: #1 Exhibit A (FedEx Confirmation of Delivery))(Bennecoff Ginsburg, Amy)
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Filing 18
MOTION for Default Judgment and Request for Evidentiary Hearing against Defendant, Philip D. Stern by Rebecca Thomasson. (Attachments: #1 Declaration of Rebecca Thomasson)(Bennecoff Ginsburg, Amy)
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Filing 17
ORDER RESERVING RULING ON EX PARTE MOTION -. Signed by Judge Jason K. Pulliam. (rg)
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Filing 15
MOTION for Clerk's Entry of Default against Defendant, Philip D. Stern by Rebecca Thomasson. (Attachments: #1 Declaration of Amy L.B. Ginsburg, #2 Appendix)(Bennecoff Ginsburg, Amy)
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Filing 14
ORDER that Defendant file an answer or appropriate motion on or before December 28, 2021. In the absence of any such filing, Plaintiff shall have seven days, from the expiration of Defendants deadline, to file for entry of default and default judgment in accordance with Fed. R. Civ. P. 55. Plaintiffs failure to file will subject this case to dismissal forfailure to prosecute or to comply with a court order, Philip D Stern answer due 12/28/2021. Signed by Judge Jason K. Pulliam. (wg)
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Filing 13
ADVISORY TO THE COURT by Rebecca Thomasson . (Attachments: #1 Appendix)(Bennecoff Ginsburg, Amy)
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Filing 12
ORDER RETURNING CASE TO DISTRICT COURT, CASE NO LONGER REFERRED to Magistrate Judge Elizabeth S. Chestney. Signed by Judge Elizabeth S. Chestney. (wg)
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Filing 11
STATUS REPORT by Philip D Stern. (Stern, Philip)
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Filing 10
NOTICE of Attorney Appearance by Philip D. Stern, Pro-Se. Attorney Philip D. Stern added to party Philip D Stern(pty:dft) (Stern, Philip)
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Filing 9
SUMMONS Returned Executed by Rebecca Thomasson. Philip D Stern served on 8/27/2021, answer due 9/17/2021. (Bennecoff Ginsburg, Amy)
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Text Order GRANTING #8 Motion to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. entered by Judge Elizabeth S. Chestney. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hm)
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Filing 8
MOTION to Appear Pro Hac Vice by Amy Lynn Bennecoff Ginsburg for Christopher Saldana ( Filing fee $ 100 receipt number 0542-15170874) by on behalf of Rebecca Thomasson. (Attachments: #1 Addendum to Question 3, #2 Proposed Order). Motions referred to Judge Elizabeth S. Chestney. (Bennecoff Ginsburg, Amy)
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Filing 7
Summons Issued as to Philip D Stern. (wg)
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Filing 6
REQUEST FOR ISSUANCE OF SUMMONS by Rebecca Thomasson. (Bennecoff Ginsburg, Amy)
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Text Order GRANTING #4 Motion to Withdraw as Attorney and Substitute New Counsel entered by Judge Elizabeth S. Chestney. IT IS HEREBY ORDERED that Andrew T. Thomasson is withdrawn as Plaintiffs counsel and Amy L. Ginsburg is hereby substituted as Plaintiffs attorney of record. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hm)
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Filing 5
NOTICE of Attorney Appearance by Amy Lynn Bennecoff Ginsburg on behalf of Rebecca Thomasson. Attorney Amy Lynn Bennecoff Ginsburg added to party Rebecca Thomasson(pty:pla) (Bennecoff Ginsburg, Amy)
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Filing 4
MOTION to Withdraw as Attorney Andrew T. Thomasson, MOTION to Substitute Attorney Amy L. B. Ginsburg by Rebecca Thomasson. (Attachments: #1 Proposed Order). Motions referred to Judge Elizabeth S. Chestney. (Bennecoff Ginsburg, Amy)
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Filing 3
ORDER REFERRING CASE to Magistrate Judge Elizabeth S. Chestney. Signed by Judge Jason K. Pulliam. (wg)
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Filing 2
Pro Hac Vice Letter to (Christopher C. Saldana) as to Plaintiff, Rebecca Thomasson. (wg)
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Case assigned to Judge Jason K. Pulliam. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (wg)
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If ordered by the court, all referrals will be assigned to Magistrate Judge Chestney (wg)
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Filing 1
COMPLAINT ( Filing fee $ 402 receipt number 0542-15033621), filed by Rebecca Thomasson. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(Thomasson, Andrew)
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