Education Management Services, LLC v. Cadero

Federal Civil Lawsuit Texas Western District Court, Case No. 5:14-cv-00587
District Judge Harry Lee Hudspeth, presiding
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District Judge Harry Lee Hudspeth
Last Updated January 23, 2017 at 7:23 PM EST (9.4 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Education Management Services, LLC, Plaintiff

Represented by MALKIN LEGAL PRACTICES

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Andrew J. Moon +1 210 501 0077 +1 210 568 4493 andrew.j.moon@gmail.com

Represented by P. O. Box 357

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Joseph Wesley Huesser, II +1 210 501 0077 +1 210 568 4493 weshuesser@yahoo.com
v.
No Logo Mark Cadero, Defendant

Represented by Akerman LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Clint A. Corrie +1 214 720 4304 +1 214 981 9339 clint.corrie@akerman.com
Attributes
Citation Section 28 U.S.C. § 1441
Nature of Suit 190 - Contract: Other Contract Actions
Timeline
  Entries (61) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 61 Filed: 5/28/2015, Entered: None Court Filing
ORDER DENYING 60 Motion for Reconsideration ; DENYING 60 Motion to Stay Signed by Judge Harry Lee Hudspeth. (wg) (Entered: 05/28/2015)
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Legal Document (Payment Possibly Required) 60 Filed: 5/26/2015, Entered: None
MOTION for Reconsideration re 59 Remark, 58 Order,, Terminate Motions, , MOTION to Stay re 59 Remark, 58 Order,, Terminate Motions, by Mark Cadero. (Attachments: # 1 Proposed Order Granting Motion for Reconsideration and Motion to Stay)(Corrie, Clint) (Entered: 05/26/2015)
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Legal Document (Payment Possibly Required) 59 Filed: 5/22/2015, Entered: None
Remark: Letter of Remand, Certified Order & Docket Sheet forwarded to the 73rd District Court, Bexar County, Texas. (wg) (Entered: 05/22/2015)
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Legal Document (Payment Possibly Required) 58 Filed: 5/22/2015, Entered: None Court Filing
ORDER GRANTING re 42 MOTION to Remand to State Court Filed filed by Education Management Services, LLC, This case is Remanded to the 73rd District Court of Bexar County, Texas. The District Court is directed to transmit the file to the District Clerk of Bexar County. Signed by Judge Harry Lee Hudspeth. (wg) (Entered: 05/22/2015)
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Legal Document (Payment Possibly Required) 57 Filed: 5/22/2015, Entered: None
MOTION to Appear Pro Hac Vice by Clint Alexander Corrie (Motion for Christopher M. Hodge) ( Filing fee $ 100 receipt number 0542-7473084) by on behalf of Mark Cadero. (Attachments: # 1 Proposed Order (Granting Motion for Admission Pro Hac Vice))(Corrie, Clint) (Entered: 05/22/2015)
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Legal Document (Payment Possibly Required) 56 Filed: 5/21/2015, Entered: None Court Filing
ORDER GRANTING re 55 Agreed MOTION to Continue Hearing on Motion to Compel filed by Mark Cadero, ( Motion Hearing Re-set for 5/26/2015 03:00 PM before Judge Henry J. Bemporad,). Signed by Judge Henry J. Bemporad. (wg) Modified on 5/22/2015 (wg). (Entered: 05/21/2015)
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Legal Document (Payment Possibly Required) 55 Filed: 5/21/2015, Entered: None
Agreed MOTION to Continue Hearing on Motion to Compel by Mark Cadero. (Attachments: # 1 Proposed Order of Continuance of Hearing)(Corrie, Clint) (Entered: 05/21/2015)
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Legal Document (Payment Possibly Required) 54 Filed: 5/20/2015, Entered: None
RESPONSE to 53 Advisory to the Court, 37 MOTION to Compel Plaintiff's Discovery Responses by Mark Cadero. (Corrie, Clint) (Entered: 05/20/2015)
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Legal Document (Payment Possibly Required) 53 Filed: 5/20/2015, Entered: None
ADVISORY TO THE COURT by Education Management Services, LLC. (Moon, Andrew) (Entered: 05/20/2015)
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Legal Document (Payment Possibly Required) 52 Filed: 5/19/2015, Entered: None Court Filing
ORDER DENYING 50 Motion for Leave to File a Sur-Reply. Signed by Judge Harry Lee Hudspeth. (sf) (Entered: 05/19/2015)
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Legal Document (Payment Possibly Required) 51 Filed: 5/19/2015, Entered: None
Response in Opposition to Motion, filed by Education Management Services, LLC, re 50 MOTION for Leave to File Defendant/Counter-Plaintiff's Surreply to Plaintiff's Motion for Remand filed by Mark Cadero (Attachments: # 1 Proposed Order)(Moon, Andrew) (Entered: 05/19/2015)
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Legal Document (Payment Possibly Required) 50 Filed: 5/18/2015, Entered: None
MOTION for Leave to File Defendant/Counter-Plaintiff's Surreply to Plaintiff's Motion for Remand by Mark Cadero. (Attachments: # 1 Defendant/Counter-Plaintiff's Surreply to Plaintiff's Motion for Remand, # 2 Proposed Order Granting Defendant/Counter-Plaintiff's Motion for Leave to File Surreply to Plaintiff's Motion for Remand)(Corrie, Clint) (Entered: 05/18/2015)
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Legal Document (Payment Possibly Required) 49 Filed: 5/14/2015, Entered: None
REPLY to Response to Motion, filed by Education Management Services, LLC, re 42 MOTION to Remand to State Court Filed filed by Plaintiff Education Management Services, LLC (Moon, Andrew) (Entered: 05/14/2015)
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Legal Document (Payment Possibly Required) 48 Filed: 5/14/2015, Entered: None Court Filing
ORDER GRANTING 46 Motion for Extension of Time to File Response/Reply Signed by Judge Harry Lee Hudspeth. (wg) (Entered: 05/14/2015)
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Legal Document (Payment Possibly Required) 47 Filed: 5/13/2015, Entered: None
RESPONSE to Motion, filed by Mark Cadero, re 42 MOTION to Remand to State Court Filed filed by Plaintiff Education Management Services, LLC (Attachments: # 1 Exhibit 1, # 2 Exhibit 2A, # 3 Exhibit 2B, # 4 Exhibit 2C, # 5 Exhibit 2D, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Proposed Order Denying Plaintiff/Counter-Defendant's Motion for Remand)(Corrie, Clint) (Entered: 05/13/2015)
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Legal Document (Payment Possibly Required) 46 Filed: 5/13/2015, Entered: None
Opposed MOTION for Extension of Time to File Response/Reply to Defendant's Motion for Summary Judgment by Education Management Services, LLC. (Attachments: # 1 Proposed Order)(Moon, Andrew) (Entered: 05/13/2015)
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Legal Document (Payment Possibly Required) 45 Filed: 5/12/2015, Entered: None
REPLY to Response to Motion, filed by Mark Cadero, re 37 MOTION to Compel Plaintiff's Discovery Responses filed by Mark Cadero (Corrie, Clint) (Entered: 05/12/2015)
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Legal Document (Payment Possibly Required) 44 Filed: 5/8/2015, Entered: None Court Filing
ORDER that the Parties must in form the Court regarding status of Motion & pending settlement discussion, If no resolution is reached a Mation Hearing will take place. re 37 MOTION to Compel Plaintiff's Discovery Responses filed by Mark Cadero, ( Motion Hearing set for 5/21/2015 02:00 PM before Judge Henry J. Bemporad,). Signed by Judge Henry J. Bemporad. (wg) (Entered: 05/08/2015)
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Legal Document (Payment Possibly Required) 43 Filed: 5/6/2015, Entered: None
RESPONSE to Motion, filed by Education Management Services, LLC, re 37 MOTION to Compel Plaintiff's Discovery Responses filed by Mark Cadero Plaintiff's Proposed Order (Moon, Andrew) (Entered: 05/06/2015)
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Legal Document (Payment Possibly Required) 42 Filed: 5/6/2015, Entered: None
MOTION to Remand to State Court Filed by Education Management Services, LLC. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Moon, Andrew) (Entered: 05/06/2015)
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Legal Document (Payment Possibly Required) 41 Filed: 5/5/2015, Entered: None
RESPONSE to Motion, filed by Education Management Services, LLC, re 37 MOTION to Compel Plaintiff's Discovery Responses filed by Mark Cadero (Moon, Andrew) (Entered: 05/05/2015)
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Legal Document (Payment Possibly Required) 40 Filed: 5/4/2015, Entered: None
Response in Opposition to Motion, filed by Education Management Services, LLC, re 36 MOTION to Exclude or Limit Testimony of Plaintiff's Expert Patricia J. Fritsche filed by Mark Cadero (Moon, Andrew) (Entered: 05/04/2015)
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Legal Document (Payment Possibly Required) 39 Filed: 5/1/2015, Entered: None
MOTION for Summary Judgment by Mark Cadero. (Attachments: # 1 Exhibit 1 (Pt 1 of 3) - Declaration of Mark Cadero, # 2 Exhibit 1 (Pt 2 of 3) - Declaration of Mark Cadero, # 3 Exhibit 1 (Pt 3 of 3) - Declaration of Mark Cadero, # 4 Exhibit 2, # 5 Proposed Order Granting Defendant/Counter-Plaintiff's Motion for Summary Judgment)(Corrie, Clint) (Entered: 05/01/2015)
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Legal Document (Payment Possibly Required) 38 Filed: 4/30/2015, Entered: None Court Filing
ORDER REFERRING MOTION: 37 MOTION to Compel Plaintiff's Discovery Responses filed by Mark Cadero. Signed by Judge Harry Lee Hudspeth.. Referral Magistrate Judge: Henry J. Bemporad. (wg) (Entered: 04/30/2015)
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Legal Document (Payment Possibly Required) 37 Filed: 4/28/2015, Entered: None
MOTION to Compel Plaintiff's Discovery Responses by Mark Cadero. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order Granting Defendant/Counter-Plaintiff's Motion to Compel Plaintiff's Discovery Responses)(Corrie, Clint) (Entered: 04/28/2015)
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Legal Document (Payment Possibly Required) 36 Filed: 4/27/2015, Entered: None
MOTION to Exclude or Limit Testimony of Plaintiff's Expert Patricia J. Fritsche by Mark Cadero. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Proposed Order Granting Defendant/Counter-Plaintiff's Motion to Excude or Limit Plaintiff's Expert Patricia J. Fritsche)(Corrie, Clint) (Entered: 04/27/2015)
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Legal Document (Payment Possibly Required) 35 Filed: 4/23/2015, Entered: None Court Filing
ORDER DENYING 33 Motion to Continue Signed by Judge Harry Lee Hudspeth. (sf) (Entered: 04/23/2015)
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Legal Document (Payment Possibly Required) 34 Filed: 4/22/2015, Entered: None
Response in Opposition to Motion, filed by Mark Cadero, re 33 MOTION to Continue Trial Date and Modify the Court's Scheduling Order filed by Plaintiff Education Management Services, LLC (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Corrie, Clint) (Entered: 04/22/2015)
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Legal Document (Payment Possibly Required) 33 Filed: 4/16/2015, Entered: None
MOTION to Continue Trial Date and Modify the Court's Scheduling Order by Education Management Services, LLC. (Attachments: # 1 Proposed Order Proposed Order Granting Continuance)(Moon, Andrew) (Entered: 04/16/2015)
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Legal Document (Payment Possibly Required) 32 Filed: 1/30/2015, Entered: None
ADR Report Filed - (Joint) by Mark Cadero(Corrie, Clint) (Entered: 01/30/2015)
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Legal Document (Payment Possibly Required) 31 Filed: 1/13/2015, Entered: None
ANSWER to 28 Amended Answer to Complaint,, Counterclaim, by Education Management Services, LLC.(Moon, Andrew) (Entered: 01/13/2015)
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Blank 30 Filed: 1/7/2015, Entered: None Court Filing
ORDER GRANTING IN PART AND DENYING IN PART 24 Motion to Dismiss Defendant's Counterclaim for declaratory judgment is hereby DISMISSED, it is further Ordered that, in all other respects, the Plaintiff's motion to dismiss is hereby DENIED. Signed by Judge Harry Lee Hudspeth. (wg) (Entered: 01/07/2015)
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Legal Document (Payment Possibly Required) 29 Filed: 12/31/2014, Entered: None
Response in Opposition to Motion, filed by Mark Cadero, re 24 MOTION to Dismiss filed by Counter Defendant Education Management Services, LLC (Plaintiff's Motion to Dismiss Counterclaims) (Attachments: # 1 Proposed Order Denying Plaintiff/Counter-Defendant's Motion to Dismiss Counterclaims)(Corrie, Clint) (Entered: 12/31/2014)
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Legal Document (Payment Possibly Required) 28 Filed: 12/30/2014, Entered: None
AMENDED ANSWER to Plaintiff's Amended Complaint 9 Amended Complaint, 19 Answer to Amended Complaint, Counterclaim and, Amended COUNTERCLAIM against Education Management Services, LLC by Mark Cadero. (Attachments: # 1 Exhibit 1)(Corrie, Clint) (Entered: 12/30/2014)
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Blank 27 Filed: 12/30/2014, Entered: None Court Filing
ORDER the Defendant shall file a response by 1/2/15 re 24 MOTION to Dismiss filed by Education Management Services, LLC. Signed by Judge Harry Lee Hudspeth. (rf) (Entered: 12/30/2014)
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Blank 26 Filed: 12/23/2014, Entered: None Court Filing
ORDER DENYING 23 Motion to Amend Judgment or Alter Judgment. Signed by Judge Harry Lee Hudspeth. (wg) (Entered: 12/23/2014)
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Blank 25 Filed: 12/22/2014, Entered: None
Response in Opposition to Motion, filed by Mark Cadero, re 23 MOTION to Amend Judgment filed by Plaintiff Education Management Services, LLC (Corrie, Clint) (Entered: 12/22/2014)
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Legal Document (Payment Possibly Required) 24 Filed: 12/17/2014, Entered: None
MOTION to Dismiss by Education Management Services, LLC. (Attachments: # 1 Proposed Order)(Moon, Andrew) (Entered: 12/17/2014)
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Legal Document (Payment Possibly Required) 23 Filed: 12/15/2014, Entered: None
PLAINTIFF'S MOTION to Amend Judgment or Alter by Education Management Services, LLC. (wg) (Entered: 12/15/2014)
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Legal Document (Payment Possibly Required) 22 Filed: 12/15/2014, Entered: None Court Filing
ORDER GRANTING 21 Motion for Leave to File Excess Pages. The District Clerk shall file the Plaintiff's Motion to Alter or Amend Judgment. Signed by Judge Harry Lee Hudspeth. (wg) (Entered: 12/15/2014)
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Legal Document (Payment Possibly Required) 21 Filed: 12/15/2014, Entered: None
Unopposed MOTION for Leave to Exceed Page Limitation by Education Management Services, LLC. (Attachments: # 1 Proposed Order Granting Leave, # 2 Exhibit A: Motion to Alter or Amend Judgment, # 3 Proposed Order Granting Motion to Alter or Amend Judgment)(Moon, Andrew) (Entered: 12/15/2014)
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Legal Document (Payment Possibly Required) 20 Filed: 12/1/2014, Entered: None Court Filing
SCHEDULING ORDER: Jury Selection set for 6/29/2015 01:00PM before Judge Harry Lee Hudspeth, Jury Trial set for 6/29/2015 01:00 PM before Judge Harry Lee Hudspeth, ADR Report Deadline due by 1/30/2015, Amended Pleadings due by 12/30/2014, Discovery due by 4/21/2015, Dispositive Motions due by 5/1/2015,. Signed by Judge Harry Lee Hudspeth. (wg) (Entered: 12/01/2014)
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Legal Document (Payment Possibly Required) 19 Filed: 11/26/2014, Entered: None
ANSWER to 9 Amended Complaint , COUNTERCLAIM against Education Management Services, LLC by Mark Cadero. (Attachments: # 1 Exhibit 1)(Corrie, Clint) (Entered: 11/26/2014)
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Legal Document (Payment Possibly Required) 18 Filed: 11/18/2014, Entered: None Court Filing
ORDER GRANTING IN PART AND DENYING IN PART 14 Motion to Dismiss; Defendant shall file his answer to the Plaintiff's Amended Complaint on or before December 1, 2014. Signed by Judge Harry Lee Hudspeth. (wg) (Entered: 11/19/2014)
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Blank 17 Filed: 11/17/2014, Entered: None Court Filing
ORDER DENYING 13 Motion for Reconsideration Signed by Judge Harry Lee Hudspeth. (wg) (Entered: 11/17/2014)
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Legal Document (Payment Possibly Required) 16 Filed: 11/5/2014, Entered: None
REPLY to Response to Motion, filed by Mark Cadero, re 14 MOTION to Dismiss Plaintiff's First Amended Complaint filed by Defendant Mark Cadero (IN SUPPORT OF MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT) (Corrie, Clint) (Entered: 11/05/2014)
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Legal Document (Payment Possibly Required) 15 Filed: 10/29/2014, Entered: None
Response in Opposition to Motion, filed by Education Management Services, LLC, re 14 MOTION to Dismiss Plaintiff's First Amended Complaint filed by Defendant Mark Cadero (Attachments: # 1 Proposed Order)(Moon, Andrew) (Entered: 10/29/2014)
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Blank 14 Filed: 10/15/2014, Entered: None
MOTION to Dismiss Plaintiff's First Amended Complaint by Mark Cadero. (Attachments: # 1 Proposed Order Granting Defendant's Motion to Dismiss)(Corrie, Clint) (Entered: 10/15/2014)
  • Attachment 1 Proposed Order Granting Defendant's Motion to Dismiss
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Blank 13 Filed: 10/15/2014, Entered: None
MOTION for Reconsideration re 12 Order on Motion to Dismiss by Mark Cadero. (Attachments: # 1 Proposed Order Granting Defendant's Motion for Reconsideration of the Court's Order on Defendant's Motion to Dismiss [D.E. 12])(Corrie, Clint) (Entered: 10/15/2014)
  • Attachment 1 Proposed Order Granting Defendant's Motion for Reconsideration of the Court
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Legal Document (Payment Possibly Required) 12 Filed: 10/6/2014, Entered: None Court Filing
ORDER DENYING 8 Motion to Dismiss for lack of personal jurisdiction, and or, alternatively, to transfer venue is also DENIED. Signed by Judge Harry Lee Hudspeth. (wg) (Entered: 10/07/2014)
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Legal Document (Payment Possibly Required) 11 Filed: 10/2/2014, Entered: None
Remark: Letter of Non-Admission to the WDTX/forwarded to Mr. Ryan A. Quiroz, Esq. (wg) (Entered: 10/02/2014)
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Legal Document (Payment Possibly Required) 10 Filed: 10/1/2014, Entered: None
Response in Opposition to Motion, filed by Education Management Services, LLC, re 8 MOTION to Dismiss Plaintiff's Complaint filed by Defendant Mark Cadero (Attachments: # 1 Proposed Order Proposed Order, # 2 Exhibit A)(Moon, Andrew) (Entered: 10/01/2014)
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Legal Document (Payment Possibly Required) 9 Filed: 10/1/2014, Entered: None
AMENDED COMPLAINT EDUCATION MANAGMENT SERVICES, LLC against Mark Cadero amending, filed by Education Management Services, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Moon, Andrew) (Entered: 10/01/2014)
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Legal Document (Payment Possibly Required) 8 Filed: 9/17/2014, Entered: None
MOTION to Dismiss Plaintiff's Complaint by Mark Cadero. (Attachments: # 1 Exhibit A, # 2 Proposed Order Granting Defendant's Motion to Dismiss)(Corrie, Clint) (Entered: 09/17/2014)
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Legal Document (Payment Possibly Required) 7 Filed: 9/2/2014, Entered: None
NOTICE of Waiver of the Arbitration Clause by Mark Cadero (Corrie, Clint) (Entered: 09/02/2014)
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Legal Document (Payment Possibly Required) 6 Filed: 7/17/2014, Entered: None Court Filing
ORDER DENYING WITHOUT PREJUDICE 4 Motion to Dismiss Plaintiff's Complaint ; DENYING WITHOUT PREJUDICE 4 Motion to Compel Arbitration. Signed by Judge Harry Lee Hudspeth. (wg) (Entered: 07/17/2014)
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Legal Document (Payment Possibly Required) 5 Filed: 7/17/2014, Entered: None
DEFICIENCY NOTICE: ****NOTIFIED COUNSEL THAT DOCUMENT IS DEFICIENT - Proposed order required. DO NOT re-file entire document. Please file ONLY the proposed order usingthe "Attachment" event from menu and link the proposed order to this document. See page 10, item 9d of theAdministrative Policies and Procedures for Electronic Filing, Western District***** re 4 MOTION to Dismiss Plaintiff's Complaint or, To Alternatively Compel Arbitration MOTION to Compel (rf) (Entered: 07/17/2014)
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Legal Document (Payment Possibly Required) 4 Filed: 7/16/2014, Entered: None
***DOCUMENT IS DEFICIENT - PROPOSED ORDER IS REQUIRED*** MOTION to Dismiss Plaintiff's Complaint or, To Alternatively Compel Arbitration by Mark Cadero. (Attachments: # 1 Exhibit 1)(Corrie, Clint). Added MOTION to Compel on 7/17/2014 (rf). Modified on 7/17/2014, to designate deficiency (rf). (Entered: 07/16/2014)
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Legal Document (Payment Possibly Required) 3 Filed: 7/2/2014, Entered: None
Certificate of Interested Parties by Mark Cadero. (Corrie, Clint) (Entered: 07/02/2014)
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Legal Document (Payment Possibly Required) 2 Filed: 7/2/2014, Entered: None
NOTICE OF REMOVAL by Mark Cadero (Filing fee $400 receipt number 0542-6624708), filed by Mark Cadero. (Attachments: # 1 Exhibit 1, # 2 Appendix in Support of Notice of Removal, # 3 Civil Cover Sheet, # 4 Supplement to JS 44 Civil Covr Sheet)(Corrie, Clint) (Entered: 07/02/2014)
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Legal Document (Payment Possibly Required) 1 Filed: 7/1/2014, Entered: None
Certificate of Interested Parties by Mark Cadero. (Corrie, Clint) (Entered: 07/01/2014)
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