DC63721 et al v. Travelers Indemnity Company, The

Federal Civil Lawsuit New Mexico District Court, Case No. 1:16-cv-00856
District Judge James O. Browning, presiding
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District Judge James O. Browning
Last Updated July 29, 2025 at 8:04 AM EDT (7.5 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Anonymized Party [DC63721], Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Cynthia Aragon +1 505 999 1259 +1 505 217 3539 cindyaragon1@gmail.com
No Logo John J. Anczarski, Plaintiff

Represented by Cynthia Aragon, Attorney at Law, LLC

Name Phone Fax E-Mail
Space Cynthia Aragon cindyaragon1@gmail.com
v.
No Logo Anonymized Party [0E751CD], Defendant
No Logo Hudson Insurance Company, Defendant
No Logo Peak Property and Casualty Insurance Corporation, Defendant
No Logo Travelers Indemnity Company, The, Defendant

Represented by Eaton Law Office PC

Name Phone Fax E-Mail
Space P. Scott Eaton +1 505 243 1486 +1 505 842 0485 pseaton@eatonlaw-nm.com
No Logo Tribal Nation Insurance Services, Defendant
Attributes
Nature of Suit 360 - Personal Injury: Other
Cause Section 28 U.S.C. § 1441 Petition for Removal- Wrongful Death
Jurisdiction Diversity
Case Status closed
Jury Demand Plaintiff
Anonymization By SCALES
Timeline
  Entries (55) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 54 Filed: 7/31/2017, Entered: 7/31/2017 Court Filing
FINAL JUDGMENT by District Judge James O. Browning. (kg)
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Blank 53 Filed: 7/31/2017, Entered: 7/31/2017 Court Filing
ORDER by District Judge James O. Browning granting the Motion for Extension of Time to File a Response to The Travelers' Indemnity Company's Motion for Summary Judgment 34 based on the representation of defense counsel at the hearing held June 8, 2017, that the motion is unopposed. THIS IS A TEXT ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED. (kw)
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Blank 52 Filed: 7/31/2017, Entered: 7/31/2017 Court Filing
ORDER by District Judge James O. Browning dismissing the Plaintiffs [sic] Motion to Amend the Complaint and Join Additional Parties 25 as a result of the Plaintiff's representation at the hearing held June 8, 2017 that the motion would be withdrawn. THIS IS A TEXT ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED. (kw)
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Legal Document (Payment Possibly Required) 51 Filed: 7/18/2017, Entered: 7/19/2017 Court Filing
ORDER by District Judge James O. Browning granting 49 Motion to Vacate Trial (meq)
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Legal Document (Payment Possibly Required) 50 Filed: 7/17/2017, Entered: 7/17/2017 Court Filing
MEMORANDUM OPINION AND ORDER by District Judge James O. Browning granting the Defendant's The Travelers Indemnity Company's Motion for Summary Judgment 31 , and granting the Plaintiffs' Motion to Supplement the Record with Correct Information 46 . (jdf) Modified on 7/17/2017 (kw).
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Legal Document (Payment Possibly Required) 49 Filed: 7/11/2017, Entered: 7/11/2017
Joint MOTION to Vacate and Remove Case From July 17, 2017 Trial Docket by Travelers Indemnity Company, The. (Eaton, P.)
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Blank 48 Filed: 7/6/2017, Entered: 7/6/2017 Court Filing
MINUTE ORDER, pursuant to the direction of District Judge James O. Browning, vacating the Pretrial Conference scheduled for 7/7/17. THIS IS A TEXT ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED. (kw)
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Legal Document (Payment Possibly Required) 47 Filed: 7/3/2017, Entered: 7/3/2017
RESPONSE to Motion re 46 First MOTION for Supplement Record filed by Travelers Indemnity Company, The. (Eaton, P.)
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Legal Document (Payment Possibly Required) 46 Filed: 6/28/2017, Entered: 6/28/2017
First MOTION for Supplement Record by John DC63721. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Affidavit) (Aragon, Cynthia)
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Blank 45 Filed: 5/31/2017, Entered: 5/31/2017 Court Filing
MINUTE ORDER, pursuant to the direction of District Judge James O. Browning, vacating the Pretrial Conference scheduled for 6/2/2017 and rescheduling for 7/7/2017 at 10:30 AM, and scheduling the Jury Selection/Jury Trial on the Court's trailing docket commencing 7/17/2017 at 09:00 AM. The Plaintiffs shall provide the Pretrial Order to the Defendant no later than 6/29/2017 and the Defendant shall provide the Pretrial Order to the Court no later than 7/6/2017. All settings will take place in Albuquerque - 460 Vermejo Courtroom before District Judge James O. Browning. THIS IS A TEXT ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED. (kw)
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Blank 44 Filed: 5/31/2017, Entered: 5/31/2017 Court Filing
NOTICE of motion hearing regarding the following motions: 1) Plaintiffs [sic] Motion to Amend the Complaint and Join Additional Parties 25 ; 2) The Travelers' Indemnity Company's Motion for Summary Judgment 31 ; and, 3) Motion for Extension of Time to File a Response to The Travelers' Indemnity Company's Motion for Summary Judgment 34 scheduled for 6/8/2017 at 01:30 PM in Albuquerque - 460 Vermejo Courtroom before District Judge James O. Browning. (kw)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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Legal Document (Payment Possibly Required) 43 Filed: 5/30/2017, Entered: 5/30/2017 Court Filing
ORDER by District Judge James O. Browning granting 41 MOTION to Vacate Trial Setting (meq)
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Legal Document (Payment Possibly Required) 42 Filed: 5/11/2017, Entered: 5/11/2017
Witness List by John DC63721. (Aragon, Cynthia)
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Legal Document (Payment Possibly Required) 41 Filed: 5/11/2017, Entered: 5/11/2017
Joint MOTION to Vacate June 12, 2017 Trial Setting by Travelers Indemnity Company, The. (Eaton, P.)
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Legal Document (Payment Possibly Required) 40 Filed: 5/11/2017, Entered: 5/11/2017 Court Filing
ORDER by District Judge James O. Browning granting 36 Motion to Continue Motion Hearing (meq)
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Legal Document (Payment Possibly Required) 39 Filed: 5/9/2017, Entered: 5/9/2017
NOTICE of Briefing Complete by Travelers Indemnity Company, The re 31 MOTION for Summary Judgment filed by Travelers Indemnity Company, The (Eaton, P.)
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Legal Document (Payment Possibly Required) 38 Filed: 5/9/2017, Entered: 5/9/2017
DEFENDANT TRAVELER'S REPLY BRIEF re 35 Response in Opposition to Motion filed by Travelers Indemnity Company, The. (Eaton, P.)
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Legal Document (Payment Possibly Required) 37 Filed: 5/9/2017, Entered: 5/9/2017
RESPONSE in Opposition re 36 First MOTION to Continue Motion Hearing filed by Travelers Indemnity Company, The. (Eaton, P.)
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Legal Document (Payment Possibly Required) 36 Filed: 5/5/2017, Entered: 5/5/2017
First MOTION to Continue Motion Hearing by John DC63721. (Aragon, Cynthia)
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Legal Document (Payment Possibly Required) 35 Filed: 4/26/2017, Entered: 4/26/2017
RESPONSE in Opposition re 31 MOTION for Summary Judgment filed by John DC63721. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit) (Aragon, Cynthia)
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Legal Document (Payment Possibly Required) 34 Filed: 4/21/2017, Entered: 4/21/2017
First MOTION for Extension of Time to File Response/Reply by John DC63721. (Aragon, Cynthia)
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Legal Document (Payment Possibly Required) 33 Filed: 4/6/2017, Entered: 4/6/2017
**FILED IN ERROR** AMENDED COMPLAINT for Breach of Contract and Underinsured/Uninsured Motorist Claim against All Defendants. adding Hudson Insurance Company, Tribal Nation Insurance Services, Peak Property and Casualty Insurance Corporation and 0E751CD, Tribal Nation Insurance Services, 0E751CD, Hudson Insurance Company and Peak Property and Casualty Insurance Corporation., filed by John DC63721. (Aragon, Cynthia) Modified on 4/7/2017 per phone call from Ms. Aragon (meq).
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Legal Document (Payment Possibly Required) 32 Filed: 4/6/2017, Entered: 4/6/2017
Unopposed MOTION to Amend/Correct Complaint by John DC63721. (Aragon, Cynthia)
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Legal Document (Payment Possibly Required) 30 Filed: 2/6/2017, Entered: 2/6/2017
CERTIFICATE OF SERVICE Plaintiffs Answers to Defendants Second Set of Interrogatories and Plaintiffs Responses to Defendants Second Request for Production by John DC63721 (Aragon, Cynthia) Modified text 2/7/2017 (meq).
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Legal Document (Payment Possibly Required) 29 Filed: 1/3/2017, Entered: 1/3/2017
CERTIFICATE OF SERVICE by John DC63721 Plaintiffs Supplemental Answers to the Defendants First Set of Interrogatories and Plaintiffs Supplemental Responses to Defendants First Request for Production (Aragon, Cynthia) added text 1/4/2017 (meq).
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Legal Document (Payment Possibly Required) 28 Filed: 12/28/2016, Entered: 12/28/2016
CERTIFICATE OF SERVICE by Travelers Indemnity Company, The Second Interrogatories and Requests for Production (Eaton, P.)
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Legal Document (Payment Possibly Required) 27 Filed: 12/26/2016, Entered: 12/26/2016
CERTIFICATE OF SERVICE by John DC63721 of answers to first set of interrogatories and responses to first request for production (Aragon, Cynthia) Modified to add text on 12/27/2016 (dmw).
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Legal Document (Payment Possibly Required) 26 Filed: 12/22/2016, Entered: 12/22/2016
RESPONSE to Motion re 25 First MOTION to Amend/Correct Complaint filed by Travelers Indemnity Company, The. (Eaton, P.)
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Legal Document (Payment Possibly Required) 25 Filed: 12/5/2016, Entered: 12/5/2016
First MOTION to Amend/Correct Complaint by John DC63721. (Attachments: # 1 Exhibit Amended Complaint) (Aragon, Cynthia)
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Legal Document (Payment Possibly Required) 24 Filed: 11/21/2016, Entered: 11/21/2016
NOTICE OF REMOVAL by Travelers Indemnity Company, The Amended Notice of Removal from Thirteenth Judicial District, case number D-1333-CV-2016-00117. ( Filing Fee - Online Payment) (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Eaton, P.)
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Legal Document (Payment Possibly Required) 23 Filed: 11/21/2016, Entered: 11/21/2016 Court Filing
ORDER by District Judge James O. Browning granting 8 Motion to Amend Notice of Removal (meq)
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Legal Document (Payment Possibly Required) 22 Filed: 11/17/2016, Entered: 11/17/2016 Court Filing
ORDER ADOPTING JOINT STATUS REPORT AND PROVISIONAL DISCOVERY PLAN 13 by District Judge James O. Browning. (dmw)
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Legal Document (Payment Possibly Required) 21 Filed: 11/17/2016, Entered: 11/17/2016 Court Filing
SCHEDULING ORDER by District Judge James O. Browning. (dmw)
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Legal Document (Payment Possibly Required) 20 Filed: 11/4/2016, Entered: 11/15/2016 Court Filing
Clerk's Minutes for proceedings held before District Judge James O. Browning: Initial Scheduling Conference held on 11/4/2016, Motion Hearing held on 11/4/2016 re 8 MOTION to Amend Notice of Removal (Court Reporter J. Bean) (meq)
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Legal Document (Payment Possibly Required) 19 Filed: 11/3/2016, Entered: 11/3/2016
NOTICE by Travelers Indemnity Company, The Amended Consent for Telephonic Out-of District Initial Scheduling Conference (Eaton, P.)
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Legal Document (Payment Possibly Required) 18 Filed: 11/3/2016, Entered: 11/3/2016
NOTICE by Travelers Indemnity Company, The Consent for Telephonic Initial Scheduling Conference (Eaton, P.)
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Blank 17 Filed: 11/3/2016, Entered: 11/3/2016 Court Filing
MINUTE ORDER, pursuant to the direction of District Judge James O. Browning, notifying the parties that the Court will be out of district in the Lubbock, Texas area on 11/4/2016 and that the Court would like to conduct the Initial Scheduling Conference scheduled for 11/4/2016 out of district and by telephone. The purpose of this order is, in part, to request consent from the parties to allow the Court to conduct the hearing out of district from the Lubbock, Texas area. If the parties consent to the Court doing so, they should submit a filing with the Court so stating; if they do not consent, they should submit a filing so stating and the hearing will be rescheduled. Should counsel also wish to appear telephonically for the hearing they should contact the Court's Courtroom Deputy ((505) 348-2289)) to coordinate arrangements. THIS IS A TEXT ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.(kw)
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Legal Document (Payment Possibly Required) 16 Filed: 10/22/2016, Entered: 10/22/2016 Court Filing
ORDER by District Judge James O. Browning granting the Plaintiffs' Motion to Continue Initial Scheduling Conference 15 and rescheduling for 11/4/2016 at 08:45 AM. THIS IS A TEXT ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED. (kw)
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Legal Document (Payment Possibly Required) 15 Filed: 10/20/2016, Entered: 10/20/2016
First MOTION to Continue Initial Scheduling Conference by John DC63721. (Attachments: # 1 Exhibit Notice of Trial) (Aragon, Cynthia)
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Blank 14 Filed: 10/12/2016, Entered: 10/12/2016 Court Filing
NOTICE of Initial Scheduling Conference scheduled for 10/24/2016 at 11:45 AM in Albuquerque - 460 Vermejo Courtroom before District Judge James O. Browning. (kw)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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Legal Document (Payment Possibly Required) 13 Filed: 9/27/2016, Entered: 9/27/2016
Joint Status Report by John DC63721 (Aragon, Cynthia)
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Blank 12 Filed: 9/15/2016, Entered: 9/15/2016 Court Filing
ORDER by Magistrate Judge Steven C. Yarbrough vacating the Rule 16 Scheduling Conference set for 10/4/2016 and all deadlines set forth in the Initial Scheduling Order. (hm)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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Blank 11 Filed: 9/15/2016, Entered: 9/15/2016 Court Filing
PLEASE TAKE NOTICE that this case has been reassigned to District Judge James O. Browning as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. Magistrate Judge Laura Fashing no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kdh)
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Legal Document (Payment Possibly Required) 10 Filed: 9/12/2016, Entered: 9/12/2016
NOTICE of Briefing Complete by Travelers Indemnity Company, The re 8 MOTION to Amend/Correct Notice of Removal filed by Travelers Indemnity Company, The (Eaton, P.)
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Legal Document (Payment Possibly Required) 9 Filed: 8/16/2016, Entered: 8/16/2016
Defendant's REPLY re 7 Response filed by Travelers Indemnity Company, The. (Eaton, P.)
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Legal Document (Payment Possibly Required) 8 Filed: 8/16/2016, Entered: 8/16/2016
MOTION to Amend/Correct Notice of Removal by Travelers Indemnity Company, The. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Eaton, P.)
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Legal Document (Payment Possibly Required) 7 Filed: 8/15/2016, Entered: 8/15/2016
PLAINTIFF'S RESPONSE TO NOTICE OF REMOVAL re 1 Notice of Removal, filed by John DC63721. (Aragon, Cynthia)
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Legal Document (Payment Possibly Required) 6 Filed: 8/9/2016, Entered: 8/9/2016
NOTICE by John DC63721 Notice of Extension to File Response (Aragon, Cynthia)
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Legal Document (Payment Possibly Required) 5 Filed: 7/28/2016, Entered: 7/28/2016
ANSWER to Complaint (Notice of Removal) by Travelers Indemnity Company, The. (Eaton, P.)
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Legal Document (Payment Possibly Required) 4 Filed: 7/27/2016, Entered: 7/27/2016 Court Filing
INITIAL SCHEDULING ORDER by Magistrate Judge Steven C. Yarbrough setting Rule 16 Initial Scheduling Conference for 10/4/2016 at 02:00 PM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Steven C. Yarbrough. Joint Status Report due by 9/27/2016. Unless otherwise notified by the Clerk or the Court a notice of consent or non-consent for this case to proceed before the trial Magistrate Judge should be submitted by each party no later than 9/14/2016. (hm)
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Legal Document (Payment Possibly Required) 3 Filed: 7/27/2016, Entered: 7/27/2016
Corporate Disclosure Statement by Travelers Indemnity Company, The (Eaton, P.)
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Blank 2 Filed: 7/26/2016, Entered: 7/26/2016 Court Filing
PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Laura Fashing to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kdh)
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Blank  Filed: 7/26/2016, Entered: 7/26/2016
Magistrate Judge Laura Fashing and Magistrate Judge Steven C. Yarbrough assigned. (kdh)
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Blank  Filed: 7/26/2016, Entered: 7/26/2016
Filing and Administrative Fees Received: $ 400 receipt number 1084-4721030 re 1 Notice of Removal, filed by Travelers Indemnity Company, The (Payment made via Pay.gov)(Eaton, P.)
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Legal Document (Payment Possibly Required) 1 Filed: 7/26/2016, Entered: 7/26/2016
NOTICE OF REMOVAL by Travelers Indemnity Company, The from Thirteenth Judicial District, case number D-1333-CV-2016-00117. ( Filing Fee - Online Payment), filed by Travelers Indemnity Company, The. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Civil Cover Sheet Civil Cover Sheet)(Eaton, P.)
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