Allen v. Equifax Information Services, LLC et al
| Tamara Allen |
| Equifax Information Services L.L.C., Experian Information Solutions Inc and USAA Federal Savings Bank |
| 5:2024cv00157 |
| February 15, 2024 |
| US District Court for the Western District of Texas |
| San Antonio Office |
| Xavier Rodriguez |
| Consumer Credit |
| 15 U.S.C. § 1681 Fair Credit Reporting Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 5, 2024. A more recent docket listing may be available from PACER.
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Filing 60
REPLY to Response to Motion, filed by USAA Federal Savings Bank, re #50 Amended MOTION to Compel Arbitration filed by Defendant USAA Federal Savings Bank (Attachments: #1 Affidavit, #2 Exhibit 1 FDIC Information, #3 Exhibit 2 Credit Card Statement, #4 Exhibit 3 Credit Card Agreement, #5 Exhibit 4 CFPB Announcement, #6 Exhibit 5 NCUA Announcement, #7 Exhibit 6 Old Regulation, #8 Exhibit 7 Current Regulation)(Schultz, Theodore)
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Text Order GRANTING #59 Unopposed Motion to Extend the Deadline for Filing a Reply entered by Judge Xavier Rodriguez. USAA Federal Savings Bank's deadline to file a Reply in support of its Motion to Compel Arbitration is hereby extended to April 5, 2024. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dllc)
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Filing 59
Unopposed MOTION for Extension of Time to File Response/Reply inb support of Motion to Compel Arbitration by USAA Federal Savings Bank. (Schultz, Theodore)
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Filing 58
Response in Opposition to Motion, filed by Tamara Allen, re #50 Amended MOTION to Compel Arbitration filed by Defendant USAA Federal Savings Bank (Attachments: #1 Exhibit A, #2 Exhibit B)(Clanton, William)
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Filing 57
NOTICE of Attorney Appearance by Trevor James Deason on behalf of Experian Information Solutions Inc. Attorney Trevor James Deason added to party Experian Information Solutions Inc(pty:dft) (Deason, Trevor)
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Filing 56
Agreed MOTION for Extension of Time to File Response/Reply by Tamara Allen. (Attachments: #1 Proposed Order)(Clanton, William)
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Text Order GRANTING #56 Agreed Motion for Extension of Time to Respond to Motion to Compel Arbitration entered by Judge Xavier Rodriguez. Plaintiff's deadline to respond to Defendant USAA's #50 Motion is hereby extended to March 22, 2024. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dllc)
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Filing 55
NOTICE of Rule 26(a)(2) Expert Witness Disclosure by Experian Information Solutions Inc (Akins, Emily)
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Filing 54
2nd Pro Hac Vice Letter forwarded to attorney Ian B. Lyngklip. (wg)
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Filing 53
AMENDED SCHEDULING ORDER, ( ADR Mediation Completed by 7/10/2024,, Amended Pleadings due by 4/1/2024,, Discovery due by 7/22/2024,, Joinder of Parties due by 4/1/2024,, Dispositive Motions due by 8/5/2024,, Jury Selection & Trial set for 11/4/2024 09:00 AM before Judge Xavier Rodriguez,, Pretrial Conference set for 10/24/2024 10:30 AM before Judge Xavier Rodriguez,). Signed by Judge Xavier Rodriguez. (wg)
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Text Order TERMINATING #49 Motion to Compel entered by Judge Xavier Rodriguez in light of the filing of an amended motion #50 . (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 #51 Motion to Withdraw Motion to Compel Arbitration entered by Judge Xavier Rodriguez in light of the Court's text order terminating the motion to compel. (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 #52 Motion for Entry of Scheduling Order 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 52
Agreed MOTION for Entry of Scheduling Order Deadlines by USAA Federal Savings Bank. (Attachments: #1 Proposed Order Agreed Scheduling Order)(Schultz, Theodore)
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Filing 51
MOTION to Withdraw #49 MOTION to Compel Arbitration by USAA Federal Savings Bank. (Schultz, Theodore)
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Filing 50
Amended MOTION to Compel Arbitration by USAA Federal Savings Bank. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Proposed Order)(Schultz, Theodore)
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Filing 49
MOTION to Compel Arbitration by USAA Federal Savings Bank. (Schultz, Theodore)
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Filing 48
Original ANSWER to #1 Complaint by USAA Federal Savings Bank.(Schultz, Theodore)
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Filing 47
Pro Hac Vice Letter was forwarded to Plaintiff's attorney Ian B. Lyngklip. (wg)
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Filing 46
SCHEDULING ORDER, ( ADR Mediation Completed by 4/9/2024,, Amended Pleadings due by 1/5/2024,, Discovery due by 3/22/2024,, Joinder of Parties due by 1/5/2024,, Dispositive Motions due by 4/24/2024,, Jury Selection set for 8/19/2024 09:00AM before Judge Xavier Rodriguez,, Jury Trial set for 8/19/2024 09:00 AM before Judge Xavier Rodriguez,, Pretrial Conference set for 8/8/2024 10:30 AM before Judge Xavier Rodriguez,). Signed by Judge Xavier Rodriguez. (wg)
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Filing 45
Case electronically transferred in from the Southern District of Texas-Houston Division Southern; Case Number 4:23-cv-03406.
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Filing 44
ORDER TO TRANSFER CASE to USDC WD/TX- San Antonio.(Signed by Judge Charles Eskridge) Parties notified.(GabrielleLyons, 4) [Transferred from Texas Southern on 2/15/2024.]
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Filing 43
OPINION AND ORDER ON TRANSFER OF VENUE denying #22 MOTION to Dismiss Under Rule 12(b)(3). This action will be transferred by separate order to USDC WD/TX- San Antonio Division by separate order. (Signed by Judge Charles Eskridge) Parties notified.(GabrielleLyons, 4) [Transferred from Texas Southern on 2/15/2024.]
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Interdistrict transfer to USDC WD/TX- San Antonio. Case transferred electronically. Case terminated on 2/15/2024., filed. (GabrielleLyons, 4) [Transferred from Texas Southern on 2/15/2024.]
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If ordered by the court, all referrals will be assigned to Magistrate Judge Chestney (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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Filing 42
DESIGNATION OF EXPERT WITNESS LIST by Tamara Allen, filed.(Clanton, William) [Transferred from Texas Southern on 2/15/2024.]
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Filing 41
NOTICE of Appearance by Ian Lyngklip on behalf of Tamara Allen, filed. (Lyngklip, Ian) [Transferred from Texas Southern on 2/15/2024.]
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Filing 40
NOTICE to Advise the Court Concerning Transfer by Tamara Allen, filed. (Clanton, William) [Transferred from Texas Southern on 2/15/2024.]
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Filing 39
ORDER granting #37 Unopposed MOTION to Withdraw #31 Opposed MOTION to Compel Arbitration, #32 Opposed MOTION to Stay DISCOVERY PENDING RESOLUTION OF ITS MOTION TO COMPEL ARBITRATION OR, IN THE ALTERNATIVE, FOR A PROTECTIVE ORDER (Signed by Judge Charles Eskridge) Parties notified.(JennelleGonzalez, 4) [Transferred from Texas Southern on 2/15/2024.]
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Filing 38
NOTICE AND ORDER re: The Court has reviewed the joint status report provided by the parties. Dkt 35. Plaintiff Tamara Allen is ORDERED to file a notice to advise whether she consents to transfer of this action to the Western District of Texas, San Antonio Division. Such notice must be filed by January 26, 2024. (Signed by Judge Charles Eskridge) Parties notified.(JennelleGonzalez, 4) [Transferred from Texas Southern on 2/15/2024.]
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Filing 37
Unopposed MOTION to Withdraw #31 Opposed MOTION to Compel Arbitration, #32 Opposed MOTION to Stay DISCOVERY PENDING RESOLUTION OF ITS MOTION TO COMPEL ARBITRATION OR, IN THE ALTERNATIVE, FOR A PROTECTIVE ORDER by Experian Information Solutions, Inc., filed. Motion Docket Date 1/29/2024. (Attachments: #1 Proposed Order)(Akins, Emily) [Transferred from Texas Southern on 2/15/2024.]
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Filing 36
RESPONSE in Opposition to #31 Opposed MOTION to Compel Arbitration, filed by Tamara Allen. (Attachments: #1 Exhibit A - Declaration of T. Allen, #2 Exhibit B - Plaintiff's Emails, #3 Exhibit C - Plaintiff's Emails)(Clanton, William) [Transferred from Texas Southern on 2/15/2024.]
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Filing 35
STATUS REPORT by Tamara Allen, filed.(Clanton, William) [Transferred from Texas Southern on 2/15/2024.]
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Filing 34
ORDER re: All claims by Plaintiff against Defendant Equifax are DISMISSED WITH PREJUDICE. Plaintiff may move within sixty days to reinstate the claims against Defendant Equifax if approval of documentation or condition precedent fails. Equifax Information Services, LLC terminated(Signed by Judge Charles Eskridge) Parties notified.(JennelleGonzalez, 4) [Transferred from Texas Southern on 2/15/2024.]
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Filing 32
Opposed MOTION to Stay DISCOVERY PENDING RESOLUTION OF ITS MOTION TO COMPEL ARBITRATION OR, IN THE ALTERNATIVE, FOR A PROTECTIVE ORDER by Experian Information Solutions, Inc., filed. Motion Docket Date 1/2/2024. (Attachments: #1 Exhibit A, #2 Proposed Order)(Akins, Emily) [Transferred from Texas Southern on 2/15/2024.]
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Filing 31
***WITHDRAWN PER #39 ORDER***Opposed MOTION to Compel Arbitration by Experian Information Solutions, Inc., filed. Motion Docket Date 12/28/2023. (Attachments: #1 Exhibit A - Declaration of Dan Smith, #2 Proposed Order)(Akins, Emily) Modified on 1/12/2024 (JennelleGonzalez, 4). [Transferred from Texas Southern on 2/15/2024.]
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Filing 33
MINUTE ENTRY ORDER: Minute entry for INITIAL CONFERENCE before Judge Charles Eskridge on December 6, 2023. Plaintiff and Defendants Experian Information Solutions, Inc and USAA Federal Savings Bank present and represented by counsel. Defendant Equifax Information Services, LLC not present, having informed the Court that it had agreed to settlement. See Dkt 29. The Court addressed the scheduling and docket control order and the joint discovery/case management plan. Dkts 13 & 28. Counsel for Plaintiff advised of a conflict on the date set for docket call. Plaintiff may file a motion to continue at that time, if necessary. The Court addressed the motion to dismiss by Defendant USAA. Dkt 22. The motion was TAKEN UNDER ADVISEMENT. Defendants USAA and Experian advised of potential to assert arbitration agreements with Plaintiff. The parties were ORDERED to file a status report regarding arbitration and potential for settlement by December 20, 2021. A ruling on the motion to dismiss will follow, if necessary. The parties should continue to confer in good faith regarding discovery and settlement. Appearances: William M Clanton f/ Plaintiff; Emily Marie Akins, Theodore Christian Schultz f/ Defendant. Ct Reporter: ERO. (Signed by Judge Charles Eskridge) Parties notified.(JennelleGonzalez, 4) (Main Document 33 replaced on 12/15/2023) (JennelleGonzalez, 4). [Transferred from Texas Southern on 2/15/2024.]
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Filing 30
AMENDED ANSWER to #1 Complaint by Experian Information Solutions, Inc., filed. (Akins, Emily) [Transferred from Texas Southern on 2/15/2024.]
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Filing 29
NOTICE of Settlement by Tamara Allen, filed. (Clanton, William) [Transferred from Texas Southern on 2/15/2024.]
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Filing 28
REPORT of Rule 26(f) Planning Meeting by Tamara Allen, filed.(Clanton, William) [Transferred from Texas Southern on 2/15/2024.]
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Filing 27
CERTIFICATE OF INTERESTED PARTIES by USAA Federal Savings Bank, filed.(Schultz, Theodore) [Transferred from Texas Southern on 2/15/2024.]
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Filing 26
REPLY in Support of #22 MOTION to Dismiss Under Rule 12(b)(3), filed by USAA Federal Savings Bank. (Schultz, Theodore) [Transferred from Texas Southern on 2/15/2024.]
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Filing 25
STANDARD PROTECTIVE ORDER Granting #24 Agreed MOTION for Protective Order. (Signed by Judge Charles Eskridge) Parties notified.(MayraMarquez, 4) [Transferred from Texas Southern on 2/15/2024.]
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Filing 24
Agreed MOTION for Protective Order by Tamara Allen, filed. Motion Docket Date 11/24/2023. (Attachments: #1 Proposed Order)(Clanton, William) [Transferred from Texas Southern on 2/15/2024.]
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Filing 23
RESPONSE to #22 MOTION to Dismiss Under Rule 12(b)(3) filed by Tamara Allen. (Clanton, William) [Transferred from Texas Southern on 2/15/2024.]
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Filing 22
MOTION to Dismiss Under Rule 12(b)(3) by USAA Federal Savings Bank, filed. Motion Docket Date 11/17/2023. (Attachments: #1 Proposed Order Order to Dismiss Under Rule 12(b)(3))(Schultz, Theodore) [Transferred from Texas Southern on 2/15/2024.]
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Filing 21
ANSWER to #1 Complaint by Equifax Information Services, LLC, filed.(Hessami, Samin) [Transferred from Texas Southern on 2/15/2024.]
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Filing 20
CERTIFICATE OF INTERESTED PARTIES by Tamara Allen, filed.(Clanton, William) [Transferred from Texas Southern on 2/15/2024.]
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Filing 19
ORDER Granting #18 USAA FSB's Motion for Extension of Time to Answer or Otherwise Respond. Deadline for USAA Federal Savings Bank to answer or otherwise respond to the Plaintiff's Complaint will be October 27, 2023. (Signed by Judge Charles Eskridge) Parties notified.(MayraMarquez, 4) [Transferred from Texas Southern on 2/15/2024.]
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Filing 18
Unopposed MOTION for Extension of Time to Answer or Otherwise Respond by USAA Federal Savings Bank, filed. Motion Docket Date 11/3/2023. (Attachments: #1 Proposed Order)(Schultz, Theodore) [Transferred from Texas Southern on 2/15/2024.]
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Filing 17
ANSWER to #1 Complaint by Experian Information Solutions, Inc., filed.(Akins, Emily) [Transferred from Texas Southern on 2/15/2024.]
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Filing 16
CERTIFICATE OF INTERESTED PARTIES by Experian Information Solutions, Inc., filed.(Akins, Emily) [Transferred from Texas Southern on 2/15/2024.]
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Filing 15
NOTICE of Appearance by Emily M. Akins on behalf of Experian Information Solutions, Inc., filed. (Akins, Emily) [Transferred from Texas Southern on 2/15/2024.]
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Filing 14
ORDER granting #12 Unopposed MOTION for Extension of Time Answer Complaint. ORDERED AND ADJUDGED that the Unopposed Motion for Extension of Time to Respond to Plaintiffs Complaint be granted, and that Defendant Equifax Information Services LLC shall have up to and including October 20, 2023 to respond to Plaintiffs Complaint. (Signed by Judge Charles Eskridge) Parties notified.(JacquelineMata, 4) [Transferred from Texas Southern on 2/15/2024.]
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Filing 13
SCHEDULING and DOCKET CONTROL ORDER. Amended Pleadings due by 01/05/2024. Joinder of Parties due by 01/05/2024. Plaintiff Expert Report due by 02/06/2024. Deft Expert Report due by 02/21/2024. Discovery due by 03/22/2024. Mediation due by 04/09/2024. Joint Pretrial Order due by 04/24/2024. Docket Call set for 05/21/2024 at 1:30 PM before Judge Charles Eskridge. (Signed by Judge Charles Eskridge) Parties notified. (MayraMarquez) [Transferred from Texas Southern on 2/15/2024.] (Entered: 10/06/2023)
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Filing 12
Unopposed MOTION for Extension of Time Answer Complaint by Equifax Information Services, LLC, filed. Motion Docket Date 10/26/2023. (Attachments: #1 Proposed Order)(Hessami, Samin) [Transferred from Texas Southern on 2/15/2024.]
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Filing 11
CORPORATE DISCLOSURE STATEMENT by Equifax Information Services, LLC identifying Equifax Inc. as Corporate Parent, filed.(Hessami, Samin) [Transferred from Texas Southern on 2/15/2024.]
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Filing 10
NOTICE of Appearance by Samin Hessami on behalf of Equifax Information Services, LLC, filed. (Hessami, Samin) [Transferred from Texas Southern on 2/15/2024.]
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Filing 9
CERTIFICATE OF SERVICE by Tamara Allen, filed.(Clanton, William) [Transferred from Texas Southern on 2/15/2024.]
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Filing 8
RETURN of Service of SUMMONS Executed as to Equifax Information Services, LLC served on 9/20/2023, answer due 10/11/2023, filed.(Clanton, William) [Transferred from Texas Southern on 2/15/2024.]
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Filing 7
RETURN of Service of SUMMONS Executed as to Experian Information Solutions, Inc. served on 9/21/2023, answer due 10/12/2023, filed.(Clanton, William) [Transferred from Texas Southern on 2/15/2024.]
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Filing 6
RETURN of Service of SUMMONS Executed as to USAA Federal Savings Bank served on 9/22/2023, answer due 10/13/2023, filed.(Clanton, William) [Transferred from Texas Southern on 2/15/2024.]
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Filing 5
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 12/6/2023 at 02:30 PM in Courtroom 9F before Judge Charles Eskridge(Signed by Judge Charles Eskridge) Parties notified.(JennelleGonzalez, 4) [Transferred from Texas Southern on 2/15/2024.]
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Filing 4
Other EXHIBITS by Tamara Allen, filed. (Attachments: #1 Exhibit A, #2 Exhibit B)(Clanton, William) [Transferred from Texas Southern on 2/15/2024.]
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Filing 3
Summons Issued as to All Defendants. Issued summons delivered to plaintiff by NEF, filed.(RhondaMooreKonieczny, 4) [Transferred from Texas Southern on 2/15/2024.]
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Filing 2
Request for Issuance of Summons as to All Defendants, filed. (Attachments: #1 Summons, #2 Summons)(Clanton, William) [Transferred from Texas Southern on 2/15/2024.]
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Filing 1
COMPLAINT against All Defendants (Filing fee $ 402 receipt number ATXSDC-30501342) filed by Tamara Allen. (Attachments: #1 Civil Cover Sheet)(Clanton, William) [Transferred from Texas Southern on 2/15/2024.]
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