AHBP LLC v. The Lynd Company et al
| AHBP LLC |
| The Lynd Company and Via Clean Technologies LLC |
| Bio Supplies LLC |
| Kiboko, Inc. and Joseph Raich |
| 5:2022cv00096 |
| February 3, 2022 |
| US District Court for the Western District of Texas |
| Xavier Rodriguez |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 13, 2023. A more recent docket listing may be available from PACER.
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Text Order GRANTING IN PART AND DENYING IN PART #87 Motion to Compel entered by Judge Xavier Rodriguez. Plaintiff AHBP is DIRECTED to respond to all interrogatories and RFPs seeking information as to its corporate structure and its relationships with certain individuals and entities that it has identified as having relevant information about damages. See, e.g., Bio Supplies' Second Set of Interrogatories 9-15; Bio Supplies' Second Set of RFPs 1, 6, 8, 9, 11-14, 17-19, Lynd's Second Set of RFPs 14, 20, 23, 24. With respect to any discovery response indicating that AHBP will produce non-privileged documents responsive to this Demand, if any are located after a good faith search, AHBP is FURTHER DIRECTED to confirm, by no later than November 27, 2023, whether it has provided a complete production of responsive materials or if additional materials will be forthcoming. See Lynd's Second Set of RFPs 2-14, 16, 20-24, 28-38; Bio Supplies' RFPs 2-11, 15-19, 21, 25-42. Defendants' motion is otherwise DENIED WITHOUT PREJUDICE to re-urging should any responses to the letters rogatory reveal further deficiencies in AHBP's productions. (This is a text-only entry generated by the court. There is no document associated with this entry.)
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Filing 103
NOTICE of Issuance of Letters Rogatory re #101 Amended MOTION for Issuance of Letter Rogatory by Bio Supplies LLC, The Lynd Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Proposed Order)(Scott, Tessa) (mgr)
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Filing 102
NOTICE of Issuance of Letters Rogatory re #100 Amended MOTION for Issuance of Letter Rogatory by Bio Supplies LLC, The Lynd Company. (Attachments: # 1 Exhibit A)(Scott, Tessa) (mgr)
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Text Order GRANTING #100 Motion for Issuance of Letter Rogatory entered by Judge Xavier Rodriguez. The Clerk of this Court is DIRECTED to (1) authenticate the Court's signature on the letter under the seal of this Court, (2) file an electronic version of the signed, authenticated letter, and (3) return the original, signed, authenticated letter to counsel for Defendants. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cb)
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Text Order GRANTING #101 Motion for Issuance of Letters Rogatory entered by Judge Xavier Rodriguez. The Clerk of this Court is DIRECTED to (1) authenticate the Court's signature on the letters under the seal of this Court, (2) file an electronic version of the signed, authenticated letters, and (3) return the original, signed, authenticated letters to counsel for Defendants. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cb)
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Filing 101
Amended MOTION for Issuance of Letter Rogatory by Bio Supplies LLC, The Lynd Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Proposed Order)(Scott, Tessa)
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Filing 100
Amended MOTION for Issuance of Letter Rogatory by Bio Supplies LLC, The Lynd Company. (Attachments: #1 Exhibit A)(Scott, Tessa)
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Filing 99
Minute Entry for proceedings held before Judge Xavier Rodriguez: Status Conference held on 10/30/2023 (Minute entry documents are not available electronically.). (Court Reporter Gigi Simcox.)(mgr)
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Text Order DENYING #93 Motion for Issuance of Letters Rogatory entered by Judge Xavier Rodriguez. The motion is denied without prejudice to refiling a motion that cures the deficiencies identified in open court. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cb)
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Text Order DENYING #96 Motion for Issuance of Letters Rogatory entered by Judge Xavier Rodriguez. The motion is denied without prejudice to refiling a motion that cures the deficiencies identified in open court. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cb)
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Text Order DENYING #92 Motion to Compel Production of Documents by Kiboko, Inc. and Joseph Raich entered by Judge Xavier Rodriguez. The motion is denied without prejudice in light of the anticipated motion for entry of default against Kiboko and Raich. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cb)
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Filing 97
ORDER --Accordingly, Bio Supplies is ORDERED to move for entry of default against Kiboko and Raich within 30 days of this Order. Signed by Judge Xavier Rodriguez. (mgr)
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Filing 98
ORDER RE-SETTING STATUS CONFERENCE AND HEARING ON ALL PENDING MOTIONS, (Status Conference re-set for 10/30/2023 1:30 PM before Judge Xavier Rodriguez,). Signed by Judge Xavier Rodriguez. (bt)
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Filing 96
MOTION for Issuance of Letter Rogatory by Bio Supplies LLC, The Lynd Company. (Attachments: #1 Exhibit Proposed Letter Request)(Scott, Tessa)
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Text Order GRANTING #95 Motion to Appear Pro Hac Vice entered by Judge Xavier Rodriguez. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to permission to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center. (This is a text-only entry generated by the court. There is no document associated with this entry.)(cb)
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Filing 95
MOTION to Appear Pro Hac Vice by Brendan Hoffman Little on behalf of Tessa R. Scott ( Filing fee $ 100 receipt number ATXWDC-17976222) by on behalf of Bio Supplies LLC, The Lynd Company. (Attachments: #1 Proposed Order)(Little, Brendan)
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Text Order TAKING UNDER ADVISEMENT #93 Motion for Issuance of Letters Rogatory entered by Judge Xavier Rodriguez. Due to ongoing bench trial proceedings, the hearings on the pending motion for issuance of letters rogatory #93 and discovery motions, #87 and #92 , are RE-SET for Monday, October 30, 2023, at 10:30 a.m. in Courtroom H, United States Courthouse, 262 West Nueva, San Antonio, Texas 78207. If the parties wish to proceed via Zoom, they must notify the Courtroom Deputy, Sylvia Fernandez, at least 48 hours in advance. (This is a text-only entry generated by the court. There is no document associated with this entry.)
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Motion Hearing: #93 MOTION for Issuance of Letter Rogatory , #92 MOTION to Compel Kiboko and Raich, #87 MOTION to Compel . Motion Hearing set for 10/30/2023 10:30 AM before Judge Xavier Rodriguez, (mgr)
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Motion Hearing: #93 MOTION for Issuance of Letter Rogatory , #92 MOTION to Compel Kiboko and Raich, #87 MOTION to Compel . Motion Hearing set for 10/24/2023 10:30 AM before Judge Xavier Rodriguez, (mgr)
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Text Order TAKING UNDER ADVISEMENT #93 Motion for Issuance of Letters Rogatory entered by Judge Xavier Rodriguez. The motion for issuance of letters rogatory and the pending discovery motions, #87 and #92 , are RE-SET for a hearing on Tuesday, October 24, 2023 at 10:30 a.m. in Courtroom H, United States Courthouse, 262 West Nueva, San Antonio, Texas 78207. If the parties wish to proceed via Zoom, they must notify the Courtroom Deputy, Sylvia Fernandez, at least 24 hours in advance. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cb)
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Text Order TAKING UNDER ADVISEMENT #93 Motion for Issuance of Letters Rogatory entered by Judge Xavier Rodriguez. The motion for issuance of letters rogatory and the pending discovery motions, #87 and #92 , are set for a hearing on Monday, September 25, 2023 at 2:30 p.m. in Courtroom H, United States Courthouse, 262 West Nueva, San Antonio, Texas 78207. If the parties wish to proceed via Zoom, they must notify the Courtroom Deputy, Sylvia Fernandez, at least 24 hours in advance. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cb)
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Motion Hearing set: #93 MOTION for Issuance of Letter Rogatory , #92 MOTION to Compel Kiboko and Raich, #87 MOTION to Compel . Motion Hearing set for 9/25/2023 02:30 PM before Judge Xavier Rodriguez, (mgr)
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Filing 94
REPLY to Response to Motion, filed by Bio Supplies LLC, The Lynd Company, re #87 MOTION to Compel filed by Defendant Bio Supplies LLC, Defendant The Lynd Company (Scherer, Richard)
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Filing 93
MOTION for Issuance of Letter Rogatory by Bio Supplies LLC, The Lynd Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Proposed Order)(Scherer, Richard)
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Filing 92
MOTION to Compel Kiboko and Raich by Bio Supplies LLC. (Attachments: #1 Affidavit, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Proposed Order)(Scherer, Richard)
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Filing 91
Memorandum in Opposition to Motion, filed by AHBP LLC, re #87 MOTION to Compel filed by Defendant Bio Supplies LLC, Defendant The Lynd Company (Lenihan, Glen)
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Filing 90
ORDER-- Accordingly, the Court ORDERS Kiboko to obtain legal counsel and cause them to enter an appearance by no later than September 25, 2023. Failure to obtain counsel may result in the Court entering default against Kiboko in this matter.. Signed by Judge Xavier Rodriguez. (tm2)
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Order #90 mailed to Kiboko. (tm2)
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Text Order GRANTING #88 Motion to Withdraw as Attorney entered by Judge Xavier Rodriguez. Michael L. Jones and The Law Office of Michael Jones, PLLC are hereby WITHDRAWN as counsel for Third-Party Defendants Kiboko, Inc. and Joseph Raich. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cb)
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Text Order GRANTING #89 Motion for Extension of Time to File Response as to #87 MOTION to Compel entered by Judge Xavier Rodriguez. The deadline for AHBP to file its Response to the Motion is hereby extended to September 8, 2023 (This is a text-only entry generated by the court. There is no document associated with this entry.) (cb)
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Filing 89
Unopposed MOTION for Extension of Time to File Response/Reply as to #87 MOTION to Compel by AHBP LLC. (Attachments: #1 Proposed Order)(Lenihan, Glen)
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Filing 88
MOTION to Withdraw as Attorney by Kiboko, Inc., Joseph Raich. (Attachments: #1 Proposed Order)(Jones, Michael)
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Filing 87
MOTION to Compel by Bio Supplies LLC, The Lynd Company. (Attachments: #1 Affidavit, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Proposed Order)(Scherer, Richard)
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Filing 86
THIRD AMENDED SCHEDULING ORDER: Pretrial Conference set for 7/11/2024 10:30 AM before Judge Xavier Rodriguez, Jury Selection and Trial set for 7/22/2024 09:00AM before Judge Xavier Rodriguez, ADR Report Deadline due by 1/24/2024, ADR Mediation Completed by 1/24/2024, Discovery due by 1/24/2024, Motions due by 2/21/2024,. Signed by Judge Xavier Rodriguez. (tm2) Modified on 8/21/2023 (tm2).
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Filing 85
Joint MOTION to Extend Scheduling Order Deadlines by Bio Supplies LLC, The Lynd Company. (Attachments: #1 Proposed Order)(Scherer, Richard)
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Text Order GRANTING #85 Motion to Extend Scheduling Order Deadlines entered by Judge Xavier Rodriguez. An amended scheduling order will issue separately. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cb)
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Filing 84
SECOND AMENDEDSCHEDULING ORDER:( Pretrial Conference set for 4/11/2024 10:30 AM before Judge Xavier Rodriguez,, Jury Selection and Trial reset for 4/22/2024 9:00AM before Judge Xavier Rodriguez,, ADR Mediation Completed by 10/24/2023,, Discovery due by 10/24/2023,, Motions due by 11/21/2023,),. Signed by Judge Xavier Rodriguez. (mgr)
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Filing 83
Joint MOTION to Extend Scheduling Order Deadlines by AHBP LLC. (Attachments: #1 Proposed Order Proposed Scheduling Order)(Lenihan, Glen)
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Text Order GRANTING #83 Motion to Extend Scheduling Order Deadlines entered by Judge Xavier Rodriguez. An amended scheduling order will issue separately. (This is a text-only entry generated by the court. There is no document associated with this entry.)(cb)
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Filing 82
ORDER GRANTING re #81 Unopposed MOTION (renewed) pursuant to Texas Civil Practice and Remedies Code 33.004 to designate responsible third parties filed by Bio Supplies LLC, The Lynd Company,. Signed by Judge Xavier Rodriguez. (wg)
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Filing 81
Unopposed MOTION (renewed) pursuant to Texas Civil Practice and Remedies Code 33.004 to designate responsible third parties by Bio Supplies LLC, The Lynd Company. (Scherer, Richard)
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Filing 80
AMENDED THIRD PARTY COMPLAINT against Kiboko, Inc., Joseph Raich amending, filed by Bio Supplies LLC. (Attachments: #1 Exhibit A - Sales Rep Agreement, #2 Exhibit B - Raich Affidavit)(Scherer, Richard)
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Filing 79
AMENDED CROSSCLAIM against Via Clean Technologies LLC amending, filed by Bio Supplies LLC. (Attachments: #1 Exhibit A - Sales Rep Agreement, #2 Exhibit B - Raich Affidavit)(Scherer, Richard)
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Filing 78
ORDER GRANTING IN PART AND DENYING IN PART #66 Motion for Leave to Designate Responsible Third Parties Signed by Judge Xavier Rodriguez. (mgr)
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Filing 77
ANSWER to #54 Answer to Amended Complaint, Crossclaim by Via Clean Technologies LLC.(McGuire, Daniel)
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Filing 76
Agreed MOTION to Vacate #74 Clerk's Entry of Default against ViaClean Technologies, LLC by Bio Supplies LLC, Via Clean Technologies LLC. (Attachments: #1 Proposed Order)(McGuire, Daniel)
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Filing 75
Original ANSWER to #25 Amended Complaint by Via Clean Technologies LLC.(McGuire, Daniel)
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Text Order GRANTING #76 Agreed Motion to Vacate Clerk's Entry of Default entered by Judge Xavier Rodriguez. The Court concludes that "good cause" exists for setting aside the entry of default under Rule 55(c). Accordingly, it is ORDERED that the default entered herein on March 1, 2023 #74 is hereby WITHDRAWN AND VACATED. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cb)
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Filing 74
***DOCUMENT WITHDRAWN PURSUANT TO ORDER DATED 03/02/2023-DOCUMENT WILL BE RESTRICTED***Clerk's ENTRY OF DEFAULT as to Via Clean Technologies LLC (mgr) Modified on 3/3/2023 (mgr).
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Filing 73
REPLY to Response to Motion, filed by Bio Supplies LLC, The Lynd Company, re #66 MOTION pursuant to Texas Civil Practice and Remedies Code 33.004 to designate responsible third parties filed by Defendant Bio Supplies LLC, Defendant The Lynd Company (Scherer, Richard)
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Filing 72
Memorandum in Opposition to Motion, filed by AHBP LLC, re #66 MOTION pursuant to Texas Civil Practice and Remedies Code 33.004 to designate responsible third parties filed by Defendant Bio Supplies LLC, Defendant The Lynd Company (Lenihan, Glen)
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Filing 71
AMENDED SCHEDULING ORDER:( Pretrial Conference set for 1/4/2024 10:30 AM before Judge Xavier Rodriguez,, Jury Selection and Trial set for 1/16/2024 10:30AM before Judge Xavier Rodriguez,, ADR Report Deadline due by 7/26/2023,, Discovery due by 7/26/2023,, Motions due by 8/23/2023,),. Signed by Judge Xavier Rodriguez. (mgr)
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Text Order GRANTING #69 Motion to Extend Scheduling Order Deadlines entered by Judge Xavier Rodriguez. An amended scheduling order will issue separately. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cb)
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Filing 70
NOTICE of Attorney Appearance by Daniel D. McGuire on behalf of Via Clean Technologies LLC. Attorney Daniel D. McGuire added to party Via Clean Technologies LLC(pty:crd) (McGuire, Daniel)
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Filing 69
Joint MOTION to Extend Scheduling Order Deadlines by AHBP LLC. (Attachments: #1 Proposed Order Proposed Scheduling Order)(Lenihan, Glen)
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Filing 68
RULE 7 DISCLOSURE STATEMENT filed by Kiboko, Inc.. (Jones, Michael)
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Filing 67
Joseph Raich and Kiboko, Inc.'s ANSWER to #55 Complaint . Attorney Michael L. Jones added to party Kiboko, Inc.(pty:3pd), Attorney Michael L. Jones added to party Joseph Raich(pty:3pd) by Kiboko, Inc., Joseph Raich.(Jones, Michael)
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Filing 66
MOTION pursuant to Texas Civil Practice and Remedies Code 33.004 to designate responsible third parties by Bio Supplies LLC, The Lynd Company. (Scherer, Richard)
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Filing 65
CERTIFICATE OF SERVICE by Bio Supplies LLC upon Joseph Raich #55 Complaint (Scherer, Richard)
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Filing 64
CERTIFICATE OF SERVICE by Bio Supplies LLC upon Kiboko, Inc. #55 Complaint (Scherer, Richard)
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SUMMONS Returned Executed by AHBP LLC. Kiboko, Inc. served on 1/16/2023, answer due 2/6/2023; Joseph Raich served on 1/16/2023, answer due 2/6/2023. (mgr)
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Filing 63
ORDER GRANTING #62 Motion to Withdraw as Attorney. Via Clean may have until February 6, 2023, to have licensed counsel enter an appearance on its behalf. If Via Clean fails to do so, its motion to dismiss (ECF No. 41) will bestricken and, upon Plaintiffs motion, the Clerk will enter default against Via Clean. In the event that a default is entered, the Court will postpone consideration of default judgment until the claims against the Lynd Company and BioSupplies LLC are resolved in order to avoid thepossibility of inconsistent judgments. Signed by Judge Xavier Rodriguez. (mgr)
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Filing 62
Second MOTION to Withdraw as Attorney by Via Clean Technologies LLC. (Attachments: #1 Exhibit A)(Clements, William)
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Filing 61
MOTION for Clerk's Entry of Default on cross-claim against Via Clean Technologies, LLC by Bio Supplies LLC. (Attachments: #1 Affidavit of Richard M. Scherer, Jr., #2 Proposed Order)(Scherer, Richard)
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Filing 60
AMENDED ORDER ON MOTION TO DISMISS re #27 Motion to Dismiss for Failure to State a Claim filed by Bio Supplies LLC, The Lynd Company. Signed by Judge Xavier Rodriguez. (mgr)
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Filing 59
ORDER GRANTING IN PART AND DENYING IN PART #41 Motion to Dismiss for Failure to State a Claim Signed by Judge Xavier Rodriguez. (mgr)
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Filing 58
Summons Issued as to Kiboko, Inc., Joseph Raich. (wg)
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Filing 57
REQUEST FOR ISSUANCE OF SUMMONS by Bio Supplies LLC. (Scherer, Richard)
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Filing 56
REQUEST FOR ISSUANCE OF SUMMONS by Bio Supplies LLC. (Scherer, Richard)
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Filing 55
COMPLAINT against Kiboko Inc. and Joe Raich ( Filing fee $ 402 receipt number ATXWDC-16889198), filed by Bio Supplies LLC. (Attachments: #1 Exhibit A - Sales Rep Agreement, #2 Exhibit B - Raich Affidavit)(Scherer, Richard)
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Filing 54
ANSWER to #25 Amended Complaint , CROSSCLAIM against Via Clean Technologies LLC by Bio Supplies LLC. (Attachments: #1 Exhibit A - Sales Rep Agreement, #2 Exhibit B - Raich Affidavit)(Scherer, Richard)
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Filing 53
ANSWER to #25 Amended Complaint by The Lynd Company.(Scherer, Richard)
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Filing 52
Consent MOTION for Extension of Time to File Answer re #25 Amended Complaint by Bio Supplies LLC, The Lynd Company. (Attachments: #1 Proposed Order)(Scherer, Richard)
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Text Order GRANTING #52 Motion for Extension of Time to Answer entered by Judge Xavier Rodriguez. The deadline for Defendants The Lynd Company and Bio Supplies LLCs to file their Answer to the First Amended Complaint is hereby extended to December 9, 2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cb)
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Filing 51
SCHEDULING ORDER: Pretrial Conference set for 11/2/2023 10:30 AM before Judge Xavier Rodriguez, Jury Selection and Trial reset for 11/13/2023 10:30AM before Judge Xavier Rodriguez, ADR Report Deadline due by 5/26/2023, Amended Pleadings due by 1/6/2023, Discovery due by 5/26/2023, Motions due by 6/23/2023,. Signed by Judge Xavier Rodriguez. (mgr)
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Filing 50
ORDER GRANTING IN PART AND DENYING IN PART #27 Motion to Dismiss for Failure to State a Claim Signed by Judge Xavier Rodriguez. (mgr)
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Text Order DENYING #45 Motion to Withdraw as Attorney entered by Judge Xavier Rodriguez. The motion is denied without prejudice to refiling with the supplemental information noted in the Court's texted order dated August 26, 2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cb)
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Filing 49
Response in Opposition to Motion, filed by AHBP LLC, re #41 Motion to Dismiss for Failure to State a Claim filed by Defendant Via Clean Technologies LLC (Lenihan, Glen)
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Filing 48
Scheduling Recommendations/Proposed Scheduling Order Pursuant to Court Text Order dated June 22, 2022 by AHBP LLC. (Lenihan, Glen)
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DEFICIENCY NOTICE: DOCUMENT DEFICIENT -MISSING ATTORNEY SIGNATURE BLOCK-PLEASE REFILE DOCUMENT WITH ATTORNEY SIGNATURE BLOCK re #47 Scheduling Recommendations/Proposed Scheduling Order, (mgr)
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Filing 47
****DOCUMENT DEFICIENT -MISSING ATTORNEY SIGNATURE BLOCK-PLEASE REFILE DOCUMENT WITH ATTORNEY SIGNATURE BLOCK***Scheduling Recommendations/Proposed Scheduling Order Pursuant to Court Text Order dated June 22, 2022 by AHBP LLC. (Lenihan, Glen) Modified on 10/4/2022 (mgr).
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Filing 46
Unopposed MOTION for Extension of Time to File Response/Reply as to #41 Motion to Dismiss for Failure to State a Claim by AHBP LLC. (Attachments: #1 Proposed Order)(Lenihan, Glen)
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Text Order GRANTING #46 Motion for Extension of Time to File Response to #41 Motion to Dismiss for Failure to State a Claim entered by Judge Xavier Rodriguez. The deadline for AHBP to file its Response to Defendant Via Clean Technologies, LLC's Motion to Dismiss the Second Amended Complaint #41 is hereby extended to October 17, 2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cb)
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Text Order TAKING UNDER ADVISEMENT #45 Motion to Withdraw as Attorney entered by Judge Xavier Rodriguez. Local Rule AT-3 provides that, if a successor attorney is not known, a motion to withdraw "must set forth the client's name, address, and telephone number, and must bear either the client's signature or a detailed explanation why the client's signature could not be obtained after due diligence." The motion to withdraw does not include the client's telephone number, the client's signature, or an explanation of why the client's signature could not be obtained. Counsel is DIRECTED to file a supplement to the motion curing these deficiencies. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cb)
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Filing 45
MOTION to Withdraw as Attorney for ViaClean Technogies LLC filed by counsel for by Via Clean Technologies LLC. (Attachments: #1 Exhibit A)(Clements, William)
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Filing 44
NOTICE of Joint Advisory as to Status by AHBP LLC (Bragalone, Robert)
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Filing 43
Proposed Order to #42 Unopposed MOTION for Extension of Time to File Response/Reply as to #41 Motion to Dismiss for Failure to State a Claim by AHBP LLC. (Bragalone, Robert)
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Text Order GRANTING #42 Motion for Extension of Time to File Response/Reply entered by Judge Xavier Rodriguez. The deadline for AHBP to file its Response to Defendant Via Clean Technologies, LLCs Motion to Dismiss the Second Amended Complaint #41 is hereby extended to September 16, 2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cb)
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Filing 42
Unopposed MOTION for Extension of Time to File Response/Reply as to #41 Motion to Dismiss for Failure to State a Claim by AHBP LLC. (Bragalone, Robert)
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Filing 41
Motion to Dismiss for Failure to State a Claim by Via Clean Technologies LLC. (Attachments: #1 Proposed Order)(Clements, William)
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Filing 40
CONFIDENTIALITY AND PROTECTIVE ORDER. Signed by Judge Xavier Rodriguez. (mgr)
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Filing 39
Joint MOTION for Entry of Confidentiality and Protective Order by Bio Supplies LLC, The Lynd Company. (Attachments: #1 Proposed Order)(Scherer, Richard)
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Text Order GRANTING #26 Motion to Withdraw as Attorney entered by Judge Xavier Rodriguez. Rick Harrison, Tori Harrison, and Waller Lansden Dortch & Davis, LLP are hereby withdrawn and excused as attorneys of record for Defendant ViaClean Technologies, LLC. As stated in open court, because ViaClean cannot proceed without counsel, the Court further ORDERS that Lisa A. Lori and William J. Clements of Klehr Harrison Harvey Branzburg LLP are admitted to appear pro hac vice on behalf of ViaClean in the above-styled and numbered case until such time as ViaClean retains new counsel or the Klehr Harrison attorneys seek leave to withdraw. The pro hac vice fee is waived. The attorneys hereby admitted to practice pro hac vice in this case should register as a filing user for electronic filing within 10 days of this Order. ViaClean shall answer or otherwise respond to Plaintiff's Second Amended Complaint #25 no later than July 14, 2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cb)
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Text Order DENYING #28 Motion to Stay Discovery Pending Ruling on Motion to Dismiss entered by Judge Xavier Rodriguez. As stated in open court, in anticipation of an early mediation of this case, the parties shall engage in a limited exchange of documents without prejudice to other discovery rights. The parties shall file a joint advisory as to the status of this case no later than July 29, 2022. Within seven (7) days after either the unsuccessful mediation of this case or the parties' determination that they do not wish to proceed with mediation, the parties shall file a new proposed scheduling order for the Courts consideration. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cb)
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Filing 38
Minute Entry for proceedings held before Judge Xavier Rodriguez: Status Conference held on 6/14/2022 (Minute entry documents are not available electronically.). (Court Reporter Gigi Simcox.)(mgr)
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Text Order GRANTING #37 Motion for Remote Hearing entered by Judge Xavier Rodriguez. The Courtroom Deputy will provide a Zoom link prior to the hearing. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cb)
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Filing 37
Joint MOTION for Hearing re #36 Order, Set Hearings , to Appear at June 14 Hearing Remotely by Bio Supplies LLC, The Lynd Company. (Attachments: #1 Proposed Order)(Scherer, Richard)
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Filing 36
ORDER SETTING STATUS CONFERENCE AND HEARING ON ALL PENDING MOTIONS, ( Status Conference set for 6/14/2022 10:30 AM before Judge Xavier Rodriguez,). Signed by Judge Xavier Rodriguez. (mgr)
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Filing 35
REPLY to Response to Motion, filed by Bio Supplies LLC, The Lynd Company, re #27 Motion to Dismiss for Failure to State a Claim filed by Defendant Bio Supplies LLC, Defendant The Lynd Company (Scherer, Richard)
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Filing 34
Response in Opposition to Motion, filed by AHBP LLC, re #27 Motion to Dismiss for Failure to State a Claim filed by Defendant Bio Supplies LLC, Defendant The Lynd Company (Bragalone, Robert)
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Filing 33
REPLY to Response to Motion, filed by Bio Supplies LLC, The Lynd Company, re #28 Opposed MOTION to Stay discovery pending a determination on Motion to Dismiss (Doc 27) MOTION for Protective Order filed by Defendant Bio Supplies LLC, Defendant The Lynd Company (Scherer, Richard)
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Filing 32
Rule 26(f) Discovery Report/Case Management Plan and Proposed Agreed Scheduling Recommendation by AHBP LLC. (Bragalone, Robert)
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Filing 31
NON-CONSENT to Trial by US Magistrate Judge by AHBP LLC. (Bragalone, Robert)
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Filing 30
Unopposed MOTION for Extension of Time to File Briefing in Response to (DOC 27) Motion to Dismiss Second Amended Complaint by AHBP LLC. (Attachments: #1 Proposed Order)(Bragalone, Robert)
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Text Order GRANTING #30 Motion to Extend Briefing Deadline entered by Judge Xavier Rodriguez. The deadline for Plaintiff to file its Response to the The LyndCompany and Bio Supplies LLCs Motion to Dismiss #27 is hereby extended to May 11, 2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cb)
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Filing 29
Memorandum in Opposition to Motion, filed by AHBP LLC, re #28 Opposed MOTION to Stay discovery pending a determination on Motion to Dismiss (Doc 27) MOTION for Protective Order filed by Defendant Bio Supplies LLC, Defendant The Lynd Company (Bragalone, Robert)
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Filing 28
Opposed MOTION to Stay discovery pending a determination on Motion to Dismiss (Doc 27), MOTION for Protective Order by Bio Supplies LLC, The Lynd Company. (Attachments: #1 Proposed Order)(Scherer, Richard)
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Filing 27
Motion to Dismiss for Failure to State a Claim by Bio Supplies LLC, The Lynd Company. (Attachments: #1 Exhibit A - Agreement)(Scherer, Richard)
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Filing 26
MOTION to Withdraw as Attorney by Via Clean Technologies LLC. (Attachments: #1 Proposed Order)(Harrison, Rick)
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Text Order MOOTING #19 Motion to Dismiss entered by Judge Xavier Rodriguez. Defendant's motion is moot in light of the amended complaint #25 . (This is a text-only entry generated by the court. There is no document associated with this entry.) (cb)
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Text Order MOOTING #22 Motion to Dismiss for Failure to State a Claim entered by Judge Xavier Rodriguez. Defendants' motion is moot in light of the amended complaint #25 . (This is a text-only entry generated by the court. There is no document associated with this entry.) (cb)
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Filing 25
AMENDED COMPLAINT to Via Clean and Bio Supplies motions to dismiss (Dkt. Nos. 19 and 22) against Bio Supplies LLC, The Lynd Company, Via Clean Technologies LLC amending, filed by AHBP LLC.(Bragalone, Robert)
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Filing 24
ORDER AND ADVISORY -It is ORDERED that the Plaintiff(s) confer with the Defendant(s) as required by Fed. R. Civ. P 26(f) to submit (1) a proposed scheduling order and (2) a Rule 26(f) Report in the formats shown in the attached documents for the Courts consideration by April 29, 2022. Signed by Judge Xavier Rodriguez. (mgr)
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Filing 23
Joint MOTION to Extend Briefing Deadlines and Pages re #22 Motion to Dismiss for Failure to State a Claim by AHBP LLC. (Attachments: #1 Proposed Order)(Bragalone, Robert)
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Text Order GRANTING #23 Motion to Extend Briefing Deadlines and Pages entered by Judge Xavier Rodriguez. The deadline for AHBP to file its Response to the motion to dismiss #22 filed by the Lynd Company and Bio Supplies LLC is hereby extended to April 18, 2022, and the deadline for the Lynd Company and Bio Supplies LLC to file their reply in support is extended to May 2, 2022. Pursuant to the Fact Sheet for Judge Xavier Rodriguez found on the TXWD website, any brief or memorandum less than 30 pages may be submitted without leave of Court. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cb)
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Filing 22
Motion to Dismiss for Failure to State a Claim by Bio Supplies LLC, The Lynd Company. (Attachments: #1 Exhibit A - Agreement)(Scherer, Richard)
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Filing 21
Unopposed MOTION for Leave to Exceed Page Limitation by Bio Supplies LLC, The Lynd Company. (Attachments: #1 Proposed Order)(Scherer, Richard)
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Text Order GRANTING #21 Motion for Leave to File Excess Pages entered by Judge Xavier Rodriguez. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cb)
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Filing 20
Unopposed MOTION for Extension of Time to File Response/Reply as to #19 MOTION to Dismiss by AHBP LLC. (Attachments: #1 Proposed Order)(Bragalone, Robert)
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Text Order GRANTING #20 Motion for Extension of Time to File Response/Reply entered by Judge Xavier Rodriguez. The deadline for AHBP to file its Response to ViaClean's Motion to Dismiss the Amended Complaint #19 is hereby extended to April 11, 2022, and the deadline for ViaClean to file its Reply in support is extended to April 18, 2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cb)
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Filing 19
MOTION to Dismiss by Via Clean Technologies LLC. (Attachments: #1 Proposed Order)(Harrison, Rick)
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Filing 18
CERTIFICATE OF SERVICE by AHBP LLC upon Via Clean Technologies, LLC #16 Amended Complaint (Pierce, Jennifer)
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Filing 17
Acknowledgment of Service returned by AHBP LLC. Via Clean Technologies LLC served on 2/10/2022, answer due 3/14/2022. (Pierce, Jennifer)
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Filing 16
AMENDED COMPLAINT against AHBP LLC amending, filed by AHBP LLC.(Bragalone, Robert)
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Filing 15
NOTICE of Attorney Appearance by Jennifer R. Pierce on behalf of AHBP LLC (Pierce, Jennifer)
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Filing 14
NOTICE of Attorney Appearance by Glen Lenihan on behalf of AHBP LLC (Lenihan, Glen)
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Filing 13
MOTION to Appear Pro Hac Vice by Robert A. Bragalone obo Glen Lenihan ( Filing fee $ 100 receipt number 0542-15718965) by on behalf of AHBP LLC. (Bragalone, Robert)
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Filing 12
MOTION to Appear Pro Hac Vice by Robert A. Bragalone obo Jennifer Pierce ( Filing fee $ 100 receipt number 0542-15718951) by on behalf of AHBP LLC. (Bragalone, Robert)
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Filing 11
MOTION to Appear Pro Hac Vice by Robert A. Bragalone obo Terrence Oved ( Filing fee $ 100 receipt number 0542-15718934) by on behalf of AHBP LLC. (Bragalone, Robert)
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Filing 10
MOTION to Appear Pro Hac Vice by Robert A. Bragalone obo Darren Oved ( Filing fee $ 100 receipt number 0542-15718897) by on behalf of AHBP LLC. (Bragalone, Robert)
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Text Order GRANTING #10 Motion to Appear Pro Hac Vice; GRANTING #11 Motion to Appear Pro Hac Vice; GRANTING #12 Motion to Appear Pro Hac Vice; and GRANTING #13 Motion to Appear Pro Hac Vice entered by Judge Xavier Rodriguez. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorneys hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cb)
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Filing 9
ORDER --Plaintiff is therefore ordered to file an amended Complaintthat adequately alleges the citizenship of the parties so that the Court may determine whether there is complete diversity, no later than February 28, 2022. Signed by Judge Xavier Rodriguez. (mgr)
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Filing 8
NOTICE of Attorney Appearance by Richard M. Scherer, Jr on behalf of Bio Supplies LLC, The Lynd Company. Attorney Richard M. Scherer, Jr added to party Bio Supplies LLC(pty:dft), Attorney Richard M. Scherer, Jr added to party The Lynd Company(pty:dft) (Scherer, Richard)
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Text Order GRANTING #5 Motion to Appear Pro Hac Vice entered by Judge Xavier Rodriguez. 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. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cb)
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Filing 7
STIPULATION Regarding Service and Answer by AHBP LLC. (Bragalone, Robert)
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Filing 6
NOTICE of Attorney Appearance by Brendan Hoffman Little on behalf of Bio Supplies LLC, The Lynd Company. Attorney Brendan Hoffman Little added to party Bio Supplies LLC(pty:dft), Attorney Brendan Hoffman Little added to party The Lynd Company(pty:dft) (Little, Brendan)
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Filing 5
MOTION to Appear Pro Hac Vice by Brendan Hoffman Little on behalf of Richard M. Scherer, Jr. ( Filing fee $ 100 receipt number 0542-15698084) by on behalf of Bio Supplies LLC, The Lynd Company. (Attachments: #1 Proposed Order)(Little, Brendan)
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Filing 4
Summons Issued as to Bio Supplies LLC, The Lynd Company, Via Clean Technologies LLC. (wg)
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Case assigned to Judge Xavier Rodriguez. 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 Bemporad (wg)
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Filing 3
RULE 7 DISCLOSURE STATEMENT filed by AHBP LLC. (Bragalone, Robert)
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Filing 2
REQUEST FOR ISSUANCE OF SUMMONS by AHBP LLC. on Bio Supplies, Lynd and Via Clean (Bragalone, Robert)
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Filing 1
COMPLAINT ( Filing fee $ 402 receipt number 0542-15679857), filed by AHBP LLC. (Attachments: #1 Civil Cover Sheet)(Bragalone, Robert)
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