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112 |
Filed: 10/9/2019, Entered: 10/9/2019 |
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ORDER granting 111 Plaintiffs' Unopposed Motion for Voluntary Dismissal Without Prejudice of Claims Asserted Against Defendant D12C3E2 (as more fully set out). Signed by Honorable Patrick R Wyrick on 10/9/2019. (ks)
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Request |
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111 |
Filed: 10/8/2019, Entered: 10/8/2019 |
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UNOPPOSED MOTION to Dismiss Defendant D12C3E2 Without Prejudice by All Plaintiffs. (Shephard, C)
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Request |
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110 |
Filed: 10/3/2019, Entered: 10/3/2019 |
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DECEMBER CIVIL TRIAL DOCKET: Docket Call set for 11/25/2019 02:00 PM in Courtroom 503 before Honorable Patrick R Wyrick. Jury Trial set for 12/3/2019 09:00 AM in Courtroom 503 before Honorable Patrick R Wyrick. (ks)
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Request |
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109 |
Filed: 9/26/2019, Entered: 9/26/2019 |
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NOTICE of Subpoena by All Plaintiffs (Attachments: # 1 Exhibit 1 - SDT)(Shephard, C)
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Request |
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108 |
Filed: 4/19/2019, Entered: 4/19/2019 |
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ENTER ORDER REASSIGNING CASE. Case reassigned to Honorable Patrick R Wyrick for all further proceedings. Honorable Stephen P. Friot no longer assigned to case. Entered at the direction of Honorable Stephen P. Friot on 4/19/2019. (llg)
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Request |
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Filed: 3/14/2019, Entered: 3/14/2019 |
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Terminate Hearing: 3/28/2019 Docket Call. (llg)
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107 |
Filed: 3/13/2019, Entered: 3/13/2019 |
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ENTRY of Appearance by Christopher L Kannady on behalf of D12C3E2 (Kannady, Christopher)
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Request |
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106 |
Filed: 3/13/2019, Entered: 3/13/2019 |
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ENTRY of Appearance by S Alex Yaffe on behalf of D12C3E2 (Yaffe, S)
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Request |
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105 |
Filed: 3/13/2019, Entered: 3/13/2019 |
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ENTRY of Appearance by Terry M McKeever on behalf of D12C3E2 (McKeever, Terry)
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Request |
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104 |
Filed: 2/14/2019, Entered: 2/14/2019 |
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ORDER striking 95 Motion to Quash, striking 96 Motion to Quash, striking 97 Motion to Quash, striking 98 Motion to Quash, striking 99 Motion to Quash, striking 100 Motion to Quash, striking 101 Motion to Quash (for the reasons fully set out in this order). Signed by Honorable Stephen P. Friot on 2/14/2019. (llg)
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Request |
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103 |
Filed: 2/14/2019, Entered: 2/14/2019 |
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ORDER granting 102 Motion to Withdraw as Counsel of Record for Defendant D12C3E2. Attorneys Michael W Brewer and Brock C Bowers withdrawn as counsel of record for dft D12C3E2, subject to the condition that subsequent papers may continue to be served upon said counsel for forwarding purposes until dft D12C3E2 has secured an entry of appearance by new counsel or has entered an appearance pro se. Dft D12C3E2 is DIRECTED to secure an entry of appearance by other counsel or enter an appearance pro se by 3/14/2019. Failure to do so may result in such action as the court deems is just and proper.. Signed by Honorable Stephen P. Friot on 2/14/2019. (llg)
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Request |
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102 |
Filed: 2/14/2019, Entered: 2/14/2019 |
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MOTION to Withdraw as Attorney by D12C3E2. (Brewer, Michael)
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Request |
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101 |
Filed: 2/14/2019, Entered: 2/14/2019 |
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MOTION to Quash SUBPOENA ISSUED TO NON-PARTY FIRST NATIONAL BANK & TRUST CO. OF ELK CITY by D12C3E2. (Brewer, Michael)
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Request |
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100 |
Filed: 2/14/2019, Entered: 2/14/2019 |
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MOTION to Quash SUBPOENA ISSUED TO NON-PARTY ALL AMERICAN BANK by D12C3E2. (Brewer, Michael)
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Request |
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99 |
Filed: 2/14/2019, Entered: 2/14/2019 |
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MOTION to Quash SUBPOENA ISSUED TO NON-PARTY BANK OF THE WEST by D12C3E2. (Brewer, Michael)
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Request |
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98 |
Filed: 2/14/2019, Entered: 2/14/2019 |
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MOTION to Quash SUBPOENA ISSUED TO NON-PARTY THE FIRST NATIONAL BANK & TRUST CO. by D12C3E2. (Brewer, Michael)
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Request |
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97 |
Filed: 2/14/2019, Entered: 2/14/2019 |
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MOTION to Quash SUBPOENA ISSUED TO NON-PARTY GREAT PLAINS NATIONAL BANK by D12C3E2. (Brewer, Michael)
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Request |
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96 |
Filed: 2/14/2019, Entered: 2/14/2019 |
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MOTION to Quash SUBPOENA ISSUED TO NON-PARTY CNH INDUSTRIAL CAPITAL AMERICA, LLC by D12C3E2. (Brewer, Michael)
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Request |
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95 |
Filed: 2/14/2019, Entered: 2/14/2019 |
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MOTION to Quash SUBPOENA ISSUED TO NON-PARTY DEALER INFORMATION SYSTEMS CORPORATION by D12C3E2. (Brewer, Michael)
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Request |
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94 |
Filed: 2/13/2019, Entered: 2/13/2019 |
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ORDER granting in part and denying in part 79 Defendant D12C3E2 Motion Under Fed.R.Civ.P. 12(c) for Partial Judgment on the Pleadings. Signed by Honorable Stephen P. Friot on 2/13/2019. (llg)
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Request |
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93 |
Filed: 2/12/2019, Entered: 2/12/2019 |
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AMENDED SCHEDULING ORDER granting 92 FIRST JOINT MOTION to Extend Scheduling Order Deadlines: Pla witness list due 10/15/2019; Dft witness list due 10/15/2019; Pla exhibit list due 10/15/2019; Dft exhibit list due 10/15/2019; Motions in limine due 11/12/2019; Jury instructions & verdict forms due 11/12/2019; Voir dire requests due 11/12/2019; Trial briefs due 11/12/2019; Pretrial Report due 11/12/2019; Discovery due 11/15/2019; Jury Trial set for 12/3/2019 09:30 AM in Courtroom 502 before Honorable Stephen P. Friot. No further adjustment of the schedule in this 2016 case is contemplated, absent unexpected and compelling circumstances. Signed by Honorable Stephen P. Friot on 2/12/2019. (llg)
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Request |
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92 |
Filed: 2/11/2019, Entered: 2/11/2019 |
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JOINT MOTION for Extension of Time First Joint Motion to Extend Scheduling Order Deadlines by Corey Aldridge, Dale Cornelius, Jonathan Cornelius, Darrell Wootton, Derek Wootton, Wootton Farms and Equipment LLC, Wootton New Holland LLC, Wootton New Holland Leasing LLC. (Attachments: # 1 Exhibit 1 - Plf's 1st ROGs & RFP to D12C3E2, # 2 Exhibit 2 - D12C3E2 Resp to Plf's RFP, # 3 Exhibit 3 - D12C3E2 Answers to Plf's ROGS)(Donelson, Kevin)
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Request |
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91 |
Filed: 2/11/2019, Entered: 2/11/2019 |
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NOTICE of Subpoena by Corey Aldridge, Dale Cornelius, Jonathan Cornelius, Darrell Wootton, Derek Wootton, Wootton Farms and Equipment LLC, Wootton New Holland LLC, Wootton New Holland Leasing LLC (Attachments: # 1 Exhibit 1 - Subpoena to 1st Nat'l Bank & Trust of EC, # 2 Exhibit 2 - Subpoena to All America Bank, # 3 Exhibit 3 - Subpoena to Bank of the West, # 4 Exhibit 4 - Subpoena to Great Plains Nat'l Bank, # 5 Exhibit Subpoena to CNH Industrial Capital America)(Shephard, C)
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Request |
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90 |
Filed: 2/11/2019, Entered: 2/11/2019 |
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CIVIL JURY TRIAL DOCKET: Docket Call set for 3/28/2019 10:30 AM in Courtroom 502 before Honorable Stephen P. Friot. Jury Trial set for 4/9/2019 09:30 AM in Courtroom 502 before Honorable Stephen P. Friot. (llg)
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Request |
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89 |
Filed: 2/7/2019, Entered: 2/7/2019 |
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NOTICE of Subpoena by Corey Aldridge, Dale Cornelius, Jonathan Cornelius, Darrell Wootton, Derek Wootton, Wootton Farms and Equipment LLC, Wootton New Holland LLC, Wootton New Holland Leasing LLC (Attachments: # 1 Exhibit 1 - Subpoena to First National Bank & Trust)(Shephard, C)
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Request |
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88 |
Filed: 2/7/2019, Entered: 2/7/2019 |
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ORDER denying 87 Defendant D12C3E2 Motion to Strike Plaintiffs' Supplemental Response. Signed by Honorable Stephen P. Friot on 2/7/2019. (llg)
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Request |
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87 |
Filed: 2/6/2019, Entered: 2/6/2019 |
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MOTION to Strike 85 Supplement, by D12C3E2. (Brewer, Michael)
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Request |
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86 |
Filed: 2/6/2019, Entered: 2/6/2019 |
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NOTICE of Subpoena by Corey Aldridge, Dale Cornelius, Jonathan Cornelius, Darrell Wootton, Derek Wootton, Wootton Farms and Equipment LLC, Wootton New Holland LLC, Wootton New Holland Leasing LLC (Attachments: # 1 Exhibit 1 - Subpoena to DIS Corp)(Shephard, C)
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Request |
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85 |
Filed: 2/4/2019, Entered: 2/4/2019 |
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SUPPLEMENT re 82 Response to Motion for Partial Judgment on the Pleadings by Corey Aldridge, Dale Cornelius, Jonathan Cornelius, Darrell Wootton, Derek Wootton, Wootton Farms and Equipment LLC, Wootton New Holland LLC, Wootton New Holland Leasing LLC. (Attachments: # 1 Exhibit 1 - Wootton New Holland LLC Certificate of Good Standing, # 2 Exhibit 2 - Wootton New Holland Leasing LLC Certificate of Good Standing)(Shephard, C)
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Request |
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84 |
Filed: 2/1/2019, Entered: 2/1/2019 |
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NOTICE of Subpoena by Corey Aldridge, Dale Cornelius, Jonathan Cornelius, Darrell Wootton, Derek Wootton, Wootton Farms and Equipment LLC, Wootton New Holland LLC, Wootton New Holland Leasing LLC (Attachments: # 1 Exhibit 1 - Capital Machinery Corp Subpoena, # 2 Exhibit 2 - Cobalt Corporate Credit Subpoena, # 3 Exhibit 3 - Tyler Tysdal Subpoena)(Shephard, C)
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Request |
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83 |
Filed: 1/30/2019, Entered: 1/30/2019 |
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REPLY to Response to Motion re 79 MOTION for Judgment on the Pleadings filed by D12C3E2. (Brewer, Michael)
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Request |
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82 |
Filed: 1/23/2019, Entered: 1/23/2019 |
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RESPONSE to Motion re 79 MOTION for Judgment on the Pleadings filed by All Plaintiffs. (Shephard, C)
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Request |
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81 |
Filed: 1/11/2019, Entered: 1/11/2019 |
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OBJECTIONS re 77 Exhibit List / Witness List, filed by D12C3E2. (Brewer, Michael)
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Request |
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80 |
Filed: 1/7/2019, Entered: 1/7/2019 |
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OBJECTIONS re 78 Exhibit List / Witness List filed by All Plaintiffs. (Shephard, C)
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Request |
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79 |
Filed: 1/2/2019, Entered: 1/2/2019 |
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MOTION for Judgment on the Pleadings by D12C3E2. (Attachments: # 1 Exhibit 1- Cert LLC Wootton New Holland, # 2 Exhibit 2- Cert Inactive Wootton New Holland, # 3 Exhibit 3- Cert LLC Wootton Farms, # 4 Exhibit 4- Cert Name Change, # 5 Exhibit 5- Cert Inactive Wootton Farms, # 6 Exhibit 6- Agreement, # 7 Exhibit 7- Letter of Intent, # 8 Exhibit 8- MSA)(Brewer, Michael)
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Request |
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78 |
Filed: 12/26/2018, Entered: 12/26/2018 |
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Exhibit List / Witness List by Defendant D12C3E2. (Brewer, Michael)
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Request |
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77 |
Filed: 12/10/2018, Entered: 12/10/2018 |
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Exhibit List / Witness List (Final) by Plaintiffs Corey Aldridge, Dale Cornelius, Jonathan Cornelius, Darrell Wootton, Derek Wootton, Wootton Farms and Equipment LLC, Wootton New Holland LLC, Wootton New Holland Leasing LLC. (Donelson, Kevin)
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Request |
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76 |
Filed: 11/20/2018, Entered: 11/20/2018 |
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ORDER granting 75 Motion to Withdraw as Attorney. Attorney Kim A Tran withdrawn. Signed by Honorable Stephen P. Friot on 11/20/2018. (llg)
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Request |
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75 |
Filed: 11/20/2018, Entered: 11/20/2018 |
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MOTION to Withdraw as Attorney by All Plaintiffs. (Tran, Kim)
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Request |
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74 |
Filed: 6/21/2018, Entered: 6/21/2018 |
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ANSWER to 21 Amended Complaint,, by D12C3E2.(Brewer, Michael)
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Request |
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73 |
Filed: 6/21/2018, Entered: 6/21/2018 |
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ORDER granting 67 Motion for Extension of Time to Answer re 21 Amended Complaint. Defendant Sean M. D12C3E2 shall file his Answer to Plaintiffs Second Amended Complaint within two business days of the date of this order. Signed by Honorable Stephen P. Friot on 6/21/18. (kr)
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Request |
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72 |
Filed: 6/20/2018, Entered: 6/20/2018 |
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RESPONSE to Motion re 67 MOTION for Extension of Time to File Answer re 21 Amended Complaint,, filed by All Plaintiffs. (Tran, Kim)
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Request |
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71 |
Filed: 6/11/2018, Entered: 6/11/2018 |
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SCHEDULING ORDER: Motions to join due 7/1/2018; Motions to amend due 7/1/2018; Pla expert witness list and expert reports due 11/20/2018; Dft expert witness list and expert reports due 21 days t/a; Pla witness list due 12/10/2018; Dft witness list due 14 days t/a; Pla exhibit list due 12/10/2018; Dft exhibit list due 14 days t/a; Motions in limine due 3/19/2019; Jury instructions & verdict forms due 3/19/2019; Voir dire requests due 3/19/2019; Trial briefs due 3/19/2019; Discovery due by 3/15/2019. Jury Trial set for 4/9/2019 09:30 AM in Courtroom 305 before Honorable Stephen P. Friot. Dispositive & Daubert Motions due by 1/1/2019. Pretrial Report due by 3/19/2019. Entered at the direction of Honorable Stephen P. Friot on 6/11/2018. (llg)
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Request |
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70 |
Filed: 6/7/2018, Entered: 6/7/2018 |
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JOINT STATUS REPORT and Discovery Plan by Plaintiffs Corey Aldridge, Dale Cornelius, Jonathan Cornelius, Darrell Wootton, Derek Wootton, Wootton Farms and Equipment LLC, Wootton New Holland LLC, Wootton New Holland Leasing LLC. (Tran, Kim)
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Request |
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69 |
Filed: 6/7/2018, Entered: 6/7/2018 |
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ORDER granting 68 Motion to Withdraw as Attorney. Attorney Leslie L Vincent withdrawn as counsel for dft Sean M D12C3E2. Signed by Honorable Stephen P. Friot on 6/7/2018. (llg)
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Request |
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68 |
Filed: 6/6/2018, Entered: 6/6/2018 |
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UNOPPOSED MOTION to Withdraw as Attorney by D12C3E2. (Vincent, Leslie)
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Request |
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67 |
Filed: 5/30/2018, Entered: 5/30/2018 |
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MOTION for Extension of Time to File Answer re 21 Amended Complaint,, by D12C3E2. (Brewer, Michael)
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Request |
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Filed: 5/30/2018, Entered: 5/30/2018 |
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NOTICE from the Court STRIKING, as the request of defense counsel and due to a scrivener's error, 66 Defendant D12C3E2 Unopposed MOTION to File Answer or Responsive Pleading Out of Time. A corrected motion will be filed. (llg)
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66 |
Filed: 5/30/2018, Entered: 5/30/2018 |
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MOTION for Extension of Time to File Answer by D12C3E2. (Brewer, Michael) (STRICKEN by 5/30/2018 Notice from the Court.) Modified on 5/30/2018 (llg).
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Request |
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65 |
Filed: 5/30/2018, Entered: 5/30/2018 |
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NOTICE (other) by D12C3E2 re 62 Response to Motion,, Exhibit Filed in Error (Attachments: # 1 Exhibit 1- Operating Agreement)(Brewer, Michael)
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Request |
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64 |
Filed: 5/15/2018, Entered: 5/15/2018 |
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STATUS/SCHEDULING CONFERENCE DOCKET: Scheduling Conference set for 6/11/2018 09:45 AM in Chambers (Room 4301) before Honorable Stephen P. Friot. Status Report due by 6/7/2018. (llg)
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Request |
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63 |
Filed: 5/14/2018, Entered: 5/14/2018 |
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NOTICE (other) by All Plaintiffs re 26 MOTION for Partial Summary Judgment Regarding Rescission of Contract for Failure of Consideration and Unconscionability Notice of Withdrawal (Tran, Kim)
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Request |
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62 |
Filed: 5/7/2018, Entered: 5/7/2018 |
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RESPONSE to Motion re 26 MOTION for Partial Summary Judgment Regarding Rescission of Contract for Failure of Consideration and Unconscionability filed by D12C3E2. (Attachments: # 1 Exhibit 1- Corporate Details, # 2 Exhibit 2-Amended Agreement, # 3 Exhibit 3- Personal Guarantees, # 4 Exhibit 4- Formation Docs, # 5 Exhibit 5- Statement of D12C3E2, # 6 Exhibit 6-Chickasha Lease, # 7 Exhibit 7-Vernon Lease, # 8 Exhibit 8- CMC Guaranty, # 9 Exhibit 9-Cobalt Guaranty)(Brewer, Michael)
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Request |
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61 |
Filed: 4/6/2018, Entered: 4/6/2018 |
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ORDER denying 45 Defendant D12C3E2 Second Motion to Dismiss Plaintiffs' Second Amended Complaint. As the mtn to dismiss has now been denied, the parties are directed to the court's order at doc. no. 33 for the date on which a brief in response to 26 Plaintiffs' Motion for Partial Summary Judgment Regarding Rescission of Contract for Failure of Consideration and Unconscionability is due. Any reply brief which plfs wish to file is due 7 days after the filing of the response brief. Signed by Honorable Stephen P. Friot on 4/6/2018. (llg)
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Request |
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60 |
Filed: 3/15/2018, Entered: 3/15/2018 |
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ORDER re 21 Second Amended Complaint. If D12C3E2 contends that he is a citizen of any state other than Arizona, he is required to file a short notice so stating, identifying the state of his citizenship. If any one of the Individual Plaintiffs contends that he is a citizen of any state other than Oklahoma, he is required to file a short notice so stating, identifying his state of his citizenship. Any such notices as may be required are DUE within three business days of the date of this order. Absent the filing of such notice, the court will continue to presume that Mr. D12C3E2 is a citizen of Arizona and that each of the Individual Plaintiffs is a citizen of Oklahoma. Signed by Honorable Stephen P. Friot on 3/15/2018. (llg)
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Request |
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59 |
Filed: 2/5/2018, Entered: 2/5/2018 |
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JUDGMENT BY DEFAULT as to Defendant Capital Machinery 1 Corp. Signed by Honorable Stephen P. Friot on 2/5/2018. (llg)
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Request |
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58 |
Filed: 1/29/2018, Entered: 1/29/2018 |
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REPLY to Response to Motion re 45 SECOND MOTION to Dismiss Plaintiffs' Second Amended Complaint filed by D12C3E2. (Attachments: # 1 Exhibit 1- Emails)(Brewer, Michael)
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Request |
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57 |
Filed: 1/22/2018, Entered: 1/22/2018 |
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RESPONSE to Motion re 45 SECOND MOTION to Dismiss Plaintiffs' Second Amended Complaint filed by All Plaintiffs. (Attachments: # 1 Exhibit 1 - 1-18-18 Letter, # 2 Exhibit 2 - Order, # 3 Exhibit 3 - 5-12-17 Letter)(Tran, Kim)
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Request |
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56 |
Filed: 1/19/2018, Entered: 1/19/2018 |
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NOTICE (other) by All Plaintiffs (Attachments: # 1 Exhibit 1 - 2018-01-18 Letter, # 2 Exhibit 2 - Proposed Judgment)(Tran, Kim)
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Request |
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55 |
Filed: 12/20/2017, Entered: 12/20/2017 |
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ORDER granting 53 Plaintiffs' Combined Motion for Extension of Time to Respond to 45 D12C3E2 SECOND MOTION to Dismiss and Submit a Proposed Form of Judgment Against Capital Machinery 1 Corp, w/the understanding that plfs will file the subject documents earlier than the dates stated, if reasonably feasible. Plfs are granted until 1/22/2018 to respond to D12C3E2 Second Motion to Dismiss. Plfs are granted until 1/19/2018 to submit a proposed form of jdgt against Capital Machinery 1 Corp. Signed by Honorable Stephen P. Friot on 12/20/2017. (llg)
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Request |
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54 |
Filed: 12/19/2017, Entered: 12/19/2017 |
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RESPONSE to Motion re 53 MOTION for Extension of Time Combined Motion for Extension of Time to Respond to D12C3E2 Second Motion to Dismiss and Submit a Proposed Form of Judgment Against Capital Machinery 1 Corp. filed by D12C3E2. (Vincent, Leslie)
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Request |
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53 |
Filed: 12/19/2017, Entered: 12/19/2017 |
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MOTION for Extension of Time Combined Motion for Extension of Time to Respond to D12C3E2 Second Motion to Dismiss and Submit a Proposed Form of Judgment Against Capital Machinery 1 Corp. by All Plaintiffs. (Tran, Kim) Modified on 12/20/2017 (llg).
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Request |
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52 |
Filed: 12/1/2017, Entered: 12/1/2017 |
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ORDER granting 51 Plaintiffs' First Motion for Extension of Time to Respond to 45 D12C3E2 SECOND MOTION to Dismiss Plaintiffs' Second Amended Complaint. Response due by 12/21/2017. Signed by Honorable Stephen P. Friot on 12/1/2017. (llg)
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Request |
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51 |
Filed: 12/1/2017, Entered: 12/1/2017 |
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FIRST MOTION for Extension of Time to File Response/Reply as to 45 SECOND MOTION to Dismiss Plaintiffs' Second Amended Complaint by All Plaintiffs. (Tran, Kim)
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Request |
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50 |
Filed: 11/20/2017, Entered: 11/20/2017 |
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Minute Order. Proceedings held before Honorable Stephen P. Friot: Motion Hearing held on 11/20/2017. 46 MOTION to Stay Damages Hearing filed by D12C3E2 is GRANTED IN PART and DENIED IN PART (as fully set out on the minute sheet). With regard to 39 Itemization of Damages and Relief Requested filed by Wootton New Holland LLC, Wootton New Holland Leasing LLC, Darrell Wootton, Dale Cornelius, Derek Wootton, Jonathan Cornelius, Corey Aldridge, Wootton Farms and Equipment LLC, and relief to be granted against Capital Machinery 1 Corp by default, plf is granted 30 days from this date to submit a proposed form of jdgt against Capital Machinery 1 Corp. (Court Reporter Tracy Washbourne.) (llg)
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Request |
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49 |
Filed: 11/15/2017, Entered: 11/15/2017 |
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RESPONSE to Motion re 46 MOTION to Stay Case re 39 MOTION for Damages Itemization of Damages and Relief Requested Based on Plaintiffs' Failure to Join Court Appointed Receiver filed by All Plaintiffs. (Tran, Kim)
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Request |
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48 |
Filed: 11/13/2017, Entered: 11/13/2017 |
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ORDER regarding 46 Defendant D12C3E2 Motion to Stay Damages Hearing. Plf's response due by noon on 11/16/2017 (as fully set out in this order). The motion to stay is SET for hearing on 11/20/2017 2:00 PM. The court may or may not be in a position to go on to hear the issues which were previously set for hearing on Nov. 20. For now, both motions are set for hearing on Nov. 20. Signed by Honorable Stephen P. Friot on 11/13/2017. (llg)
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Request |
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47 |
Filed: 11/13/2017, Entered: 11/13/2017 |
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ORDER striking as withdrawn and moot 24 Defendant D12C3E2 Motion to Dismiss Plaintiffs' Second Amended Complaint. The court EXTENDS the ddl for dft D12C3E2 response to 26 Plaintiffs' Motion for Partial Summary Judgment to 30 days following any order that may be entered denying 45 Defendant D12C3E2 Second Motion to Dismiss Plaintiffs' Second Amended Complaint. Signed by Honorable Stephen P. Friot on 11/13/2017. (llg)
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Request |
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46 |
Filed: 11/10/2017, Entered: 11/10/2017 |
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MOTION to Stay Case re 39 MOTION for Damages Itemization of Damages and Relief Requested Based on Plaintiffs' Failure to Join Court Appointed Receiver by D12C3E2. (Brewer, Michael)
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Request |
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45 |
Filed: 11/10/2017, Entered: 11/10/2017 |
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SECOND MOTION to Dismiss Plaintiffs' Second Amended Complaint by D12C3E2. (Attachments: # 1 Exhibit 1-LOI, # 2 Exhibit 2-Mgmt Agrmt, # 3 Exhibit 3- Purchase Agrmt, # 4 Exhibit 4- Bylaws, # 5 Exhibit 5- Operating Agrmt, # 6 Exhibit 6- Operating Agrmt Cobalt, # 7 Exhibit 7-Complaint, # 8 Exhibit 8- Order, # 9 Exhibit 9- Docket)(Brewer, Michael)
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Request |
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44 |
Filed: 11/10/2017, Entered: 11/10/2017 |
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ENTRY of Appearance by Leslie L Vincent on behalf of D12C3E2 (Vincent, Leslie)
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Request |
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43 |
Filed: 11/10/2017, Entered: 11/10/2017 |
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ENTRY of Appearance by Brock C Bowers on behalf of D12C3E2 (Bowers, Brock)
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Request |
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42 |
Filed: 11/10/2017, Entered: 11/10/2017 |
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ENTRY of Appearance by Michael W Brewer on behalf of D12C3E2 (Brewer, Michael)
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Request |
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41 |
Filed: 10/10/2017, Entered: 10/10/2017 |
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ORDER Setting Hearing on Damages re 39 Plaintiffs' Itemization of Damages and Relief Requested: Hearing on relief to be granted against Capital Machinery 1 Corp. by default set for 11/20/2017 02:00 PM in Courtroom 305 before Honorable Stephen P. Friot. Signed by Honorable Stephen P. Friot on 10/10/2017. (llg)
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Request |
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40 |
Filed: 10/5/2017, Entered: 10/5/2017 |
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NOTICE (other) by All Plaintiffs Regarding Service of Defendant D12C3E2 (Tran, Kim)
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Request |
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39 |
Filed: 9/25/2017, Entered: 9/25/2017 |
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MOTION for Damages Itemization of Damages and Relief Requested by All Plaintiffs. (Tran, Kim)
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Request |
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38 |
Filed: 9/15/2017, Entered: 9/15/2017 |
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ORDER granting 37 Plaintiffs' Unopposed Motion for Extension of Time to Serve Second Amended Complaint. Plfs are granted until 10/5/2017 to serve the Second Amended Complaint upon dft D12C3E2. Signed by Honorable Stephen P. Friot on 9/15/2017. (llg)
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Request |
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37 |
Filed: 9/13/2017, Entered: 9/13/2017 |
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UNOPPOSED MOTION for Extension of Time To Serve Second Amended Complaint by All Plaintiffs. (Tran, Kim)
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Request |
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36 |
Filed: 9/5/2017, Entered: 9/5/2017 |
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ORDER regarding 24 Defendant D12C3E2 Motion to Dismiss Plaintiffs' Second Amended Complaint. The 90-day period for service of D12C3E2 will expire on 9/14/2017. Absent proof of service filed of record in this action by 9/14/2017, or absent a showing by plfs of good cause as to why an extension of time for service of D12C3E2 should be permitted, D12C3E2 will be dismissed, w/o prejudice, for insufficient service of process. The court reserves a ruling on the other issues raised by D12C3E2 motion to dismiss, which continues to pend. Signed by Honorable Stephen P. Friot on 9/5/2017. (llg)
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Request |
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35 |
Filed: 8/23/2017, Entered: 8/23/2017 |
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ENTRY of Appearance by Leslie L Vincent on behalf of D12C3E2 (Vincent, Leslie)
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Request |
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34 |
Filed: 8/23/2017, Entered: 8/23/2017 |
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ORDER re 15 4/18/2017 Order on Motion to Withdraw as Attorney, 20 6/13/2017 Order, 27 8/7/2017 Order. With respect to Capital Machinery 1 Corp.'s liability on all claims alleged against it in this action, the court ADJUDICATES DEFAULT in favor of plfs & against dft Capital Machinery 1 Corp. Because plfs' claims for money damages against Capital Machinery are unliquidated, a hrg is required in order to reduce those claims to jdgt. Plfs are DIRECTED to file, by 9/25/2017, a detailed itemization of the damages for which they seek jdgt against Capital Machinery, together with a detailed specification of the nature & terms of any other relief, such as injunctive relief, they seek against Capital Machinery. Signed by Honorable Stephen P. Friot on 8/23/2017. (llg)
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Request |
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33 |
Filed: 8/21/2017, Entered: 8/21/2017 |
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ORDER granting 29 Defendant D12C3E2 Motion for Extension of Time to Respond to Plaintiffs' Motion for Partial Summary Judgment. If the court grants 24 Defendant D12C3E2 Motion to Dismiss, dft D12C3E2 will not need to respond to 26 Plaintiffs' Motion for Partial Summary Judgment because it will be moot. If the court denies Defendant D12C3E2 Motion to Dismiss, dft D12C3E2 shall respond to Plaintiffs' Motion for Partial Summary Judgment within 30 days of the date of the court's order denying the Motion to Dismiss. Signed by Honorable Stephen P. Friot on 8/21/2017. (llg)
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Request |
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32 |
Filed: 8/18/2017, Entered: 8/18/2017 |
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RESPONSE in Opposition re 29 MOTION for Extension of Time to File Response/Reply as to 26 MOTION for Partial Summary Judgment Regarding Rescission of Contract for Failure of Consideration and Unconscionability filed by All Plaintiffs. (Tran, Kim)
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Request |
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31 |
Filed: 8/17/2017, Entered: 8/17/2017 |
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REPLY to Response to Motion re 24 MOTION to Dismiss Second Amended Complaint filed by D12C3E2. (Brewer, Michael)
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Request |
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Filed: 8/11/2017, Entered: 8/11/2017 |
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Set/Reset Deadlines as to 29 MOTION for Extension of Time to File Response as to 26 MOTION for Partial Summary Judgment Regarding Rescission of Contract for Failure of Consideration and Unconscionability. Response due by 8/18/2017. (llg)
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30 |
Filed: 8/11/2017, Entered: 8/11/2017 |
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ORDER regarding 29 Defendant D12C3E2 Motion for Extension of Time to Respond to Plaintiffs' Motion for Partial Summary Judgment. Plfs' response to the motion for extension of time due by 8/18/2017. Signed by Honorable Stephen P. Friot on 8/11/2017. (llg)
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Request |
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29 |
Filed: 8/11/2017, Entered: 8/11/2017 |
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MOTION for Extension of Time to File Response/Reply as to 26 MOTION for Partial Summary Judgment Regarding Rescission of Contract for Failure of Consideration and Unconscionability by D12C3E2. (Brewer, Michael)
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Request |
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28 |
Filed: 8/10/2017, Entered: 8/10/2017 |
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RESPONSE to Motion re 24 MOTION to Dismiss Second Amended Complaint filed by Corey Aldridge, Dale Cornelius, Jonathan Cornelius, Darrell Wootton, Derek Wootton, Wootton Farms and Equipment LLC, Wootton New Holland LLC, Wootton New Holland Leasing LLC. (Attachments: # 1 Exhibit 1-Certified Mail, # 2 Exhibit 2-Jason Brown Affidavit)(Tran, Kim)
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Request |
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27 |
Filed: 8/7/2017, Entered: 8/7/2017 |
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ORDER re 15 4/18/2017 Order, 20 6/13/2017 Order. Dft Capital Machinery 1 Corp. is ADVISED that unless successor counsel enters an appearance within 14 days of this date, the court will enter default jdgt against Capital Machinery 1 Corp. at least with respect to liability, & possibly with respect to both liability as well as any relief sought against Capital Machinery 1 Corp. in this action. Signed by Honorable Stephen P. Friot on 8/7/2017. (llg)
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Request |
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26 |
Filed: 8/1/2017, Entered: 8/1/2017 |
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MOTION for Partial Summary Judgment Regarding Rescission of Contract for Failure of Consideration and Unconscionability by All Plaintiffs. (Attachments: # 1 Exhibit 1-LOI, # 2 Exhibit 2-Management Agreement, # 3 Exhibit 3-Equipment List, # 4 Exhibit 4-Purchase Agreement)(Tran, Kim)
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Request |
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25 |
Filed: 7/20/2017, Entered: 7/20/2017 |
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ENTRY of Appearance by Michael W Brewer on behalf of D12C3E2 (Brewer, Michael)
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Request |
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24 |
Filed: 7/20/2017, Entered: 7/20/2017 |
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MOTION to Dismiss Second Amended Complaint by D12C3E2. (Attachments: # 1 Exhibit 1- Henry Stmt, # 2 Exhibit 2- D12C3E2 Stmt, # 3 Exhibit 3- Letter of Intent, # 4 Exhibit 4- Mgmt Agmt, # 5 Exhibit 5- Purchase Agmt)(Brewer, Michael)
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Request |
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23 |
Filed: 6/23/2017, Entered: 6/23/2017 |
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SUMMONS Returned Executed by Wootton Farms and Equipment LLC, Jonathan Cornelius, Wootton New Holland LLC, Wootton New Holland Leasing LLC, Corey Aldridge, Dale Cornelius, Darrell Wootton, Derek Wootton. D12C3E2 served on 6/19/2017. (Donelson, Kevin)
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Request |
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22 |
Filed: 6/16/2017, Entered: 6/16/2017 |
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Summons Issued Electronically as to D12C3E2. (kr)
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Request |
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21 |
Filed: 6/16/2017, Entered: 6/16/2017 |
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AMENDED COMPLAINT (SECOND) against Capital Machinery 1 Corp, D12C3E2 filed by All Plaintiffs. (Attachments: # 1 Exhibit 1 - 11/3/16 Demand Ltr fm Standley Systems, # 2 Exhibit 2 - Petition, No. CJ-17-2, Grady Co., # 3 Exhibit 3 - Complaint, No. 16-cv-1323, USDC WD, # 4 Exhibit 4 - Amd Complaint, No. 16-cv-00109, USDC ED AR, # 5 Exhibit 5 - Judgment, CJ-16-48, DC Beckham Co., OK All America Bank, # 6 Exhibit 6 - Notice of Sheriff's Sale, No. CJ-16-55, DC Beckham Co.)(Donelson, Kevin)
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Request |
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20 |
Filed: 6/13/2017, Entered: 6/13/2017 |
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ORDER re 15 4/18/2017 Order on Motion to Withdraw as Attorney. Dft has not complied with said order. In order to move this action toward disposition, it is necessary for successor counsel to immediately enter his or her appearance on behalf of dft. If successor counsel has not done so within 14 days of this date, the court will, at that time, entertain a mtn from the plfs seeking relief up to & including entry of jdgt for all relief sought against dft in this action, based on dft's failure to comply with the court's order regarding successor counsel. The requirements previously imposed on dft's former counsel, regarding service of filings on dft & on the owners of the entities which hold ownership interests in the dft, apply to this order. Those requirements will continue to apply to all filings until such time as successor counsel enters an appearance on behalf of dft. Signed by Honorable Stephen P. Friot on 6/13/2017. (llg)
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Request |
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19 |
Filed: 6/13/2017, Entered: 6/13/2017 |
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ORDER granting 16 Plaintiffs' Motion for Leave to File Second Amended Complaint. Plfs are granted leave to file the Second Amended Complaint attached as Exhibit "1" to their motion within 5 days of the date of this order. Signed by Honorable Stephen P. Friot on 6/13/2017. (llg)
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Request |
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18 |
Filed: 5/23/2017, Entered: 5/23/2017 |
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NOTICE of Change of Address by Kim A Tran (Tran, Kim)
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Request |
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Filed: 5/23/2017, Entered: 5/23/2017 |
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NOTICE from the Court re 17 Entry of Appearance of Kim A Tran. Atty Tran is DIRECTED to forthwith file a Notice of Change of Address in this case. (llg)
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17 |
Filed: 5/23/2017, Entered: 5/23/2017 |
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ENTRY of Appearance by Kim A Tran on behalf of All Plaintiffs (Tran, Kim)
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Request |
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| Save 25% on a pre-paid one year subscription. |
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16 |
Filed: 5/18/2017, Entered: 5/18/2017 |
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MOTION to Amend/Correct 9 Amended Complaint,, by All Plaintiffs. (Attachments: # 1 Exhibit 1-Second Amended Complaint, # 2 Exhibit 2-April 4, 2017 email from Regens to Shephard, # 3 Exhibit 3-March 30, 2017 letter from Robertson to Capital Entities)(Donelson, Kevin)
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Request |
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15 |
Filed: 4/18/2017, Entered: 4/18/2017 |
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ORDER granting 14 GableGotwals' Motion to Withdraw as Counsel for Capital Machinery 1 Corp. Attys Paula M Williams, Craig M Regens and Rob F Robertson are withdrawn as counsel for Capital Machinery 1 Corp. effective immediately. Successor counsel for Capital Machinery shall enter its appearance within 30 days of this date. GableGotwals is ordered to receive & forward all filings to Capital Machinery for a period of 30 days from this date, or until Capital Machinery's successor counsel enters an appearance, whichever is longer. GableGotwals must serve such filings upon Capital Machinery by mailing all filings to the owners of the entities via US Mail, postage prepaid. Signed by Honorable Stephen P. Friot on 4/18/2017. (llg)
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Request |
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14 |
Filed: 4/17/2017, Entered: 4/17/2017 |
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MOTION to Withdraw as Attorney by Capital Machinery 1 Corp. (Williams, Paula)
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Request |
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13 |
Filed: 3/7/2017, Entered: 3/7/2017 |
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SCHEDULING ORDER: Discovery may commence immediately. Dispositive motions on ownership issues due by 8/1/2017. Once the dispositive motions on ownership issues have been ruled on, the court will set this case for a supplemental scheduling conference. Entered at the direction of Honorable Stephen P. Friot on 3/7/2017. (llg)
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Request |
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12 |
Filed: 3/2/2017, Entered: 3/2/2017 |
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JOINT STATUS REPORT AND DISCOVERY PLAN by Plaintiffs Corey Aldridge, Dale Cornelius, Jonathan Cornelius, Darrell Wootton, Derek Wootton, Wootton Farms and Equipment LLC, Wootton New Holland LLC, Wootton New Holland Leasing LLC. (Shephard, C)
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Request |
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11 |
Filed: 2/13/2017, Entered: 2/13/2017 |
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STATUS/SCHEDULING CONFERENCE DOCKET: Scheduling Conference set for 3/7/2017 11:00 AM in Chambers before Honorable Stephen P. Friot. Status Report due by 3/2/2017. (llg)
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Request |
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10 |
Filed: 2/10/2017, Entered: 2/10/2017 |
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ANSWER to 9 Amended Complaint,, by Capital Machinery 1 Corp.(Williams, Paula)
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Request |
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Filed: 1/27/2017, Entered: 1/27/2017 |
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NOTICE from the Court. At the direction of the court, 8 Defendant's MOTION to Dismiss Plaintiffs' Complaint is MOOT in light of the filing of 9 Plaintiffs' Amended Complaint.(llg)
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9 |
Filed: 1/27/2017, Entered: 1/27/2017 |
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AMENDED COMPLAINT against Capital Machinery 1 Corp filed by Wootton Farms and Equipment LLC, Jonathan Cornelius, Wootton New Holland LLC, Wootton New Holland Leasing LLC, Corey Aldridge, Dale Cornelius, Darrell Wootton, Derek Wootton. (Attachments: # 1 Exhibit 2016-11-03 LTR to Derek Wooten from B. Brosius w Standley Systems, # 2 Exhibit 2017-01-04 Robison v. Wootton Petition, # 3 Exhibit 2016-11-18 FIMCO v. Wootton Complaint, # 4 Exhibit 2016-08-30 FCB v. Wootton Summons & Amd Complaint, # 5 Exhibit 2017-01-23 FNB Elk City v. Wootton Notice of Sheriff's Sale, # 6 Exhibit 2016-10-19 All Amer. Bank v. D. Wootton Judgment)(Shephard, C)
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Request |
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8 |
Filed: 1/6/2017, Entered: 1/6/2017 |
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MOTION to Dismiss Plaintiff's Complaint by Capital Machinery 1 Corp. (Attachments: # 1 Exhibit 1-Management Agreement, # 2 Exhibit 2-Purchase Agreement)(Williams, Paula)
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Request |
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7 |
Filed: 1/3/2017, Entered: 1/3/2017 |
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DISCLOSURE STATEMENT - CORPORATE by Capital Machinery 1 Corp . (Williams, Paula)
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Request |
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6 |
Filed: 12/29/2016, Entered: 12/29/2016 |
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ORDER granting 5 Motion for Extension of Time to Answer. Defendant Capital Machinery 1 Corp.s deadline to respond to Plaintiffs Complaint [Doc. 1-1] is extended up to and including January 6, 2017. Signed by Honorable Stephen P. Friot on 12/29/16. (kr)
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Request |
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5 |
Filed: 12/28/2016, Entered: 12/28/2016 |
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UNOPPOSED MOTION for Extension of Time to File Answer re 1 Notice of Removal, Exhibit 1 - Complaint by Capital Machinery 1 Corp. (Williams, Paula)
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Request |
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4 |
Filed: 12/16/2016, Entered: 12/16/2016 |
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ENTRY of Appearance by Craig M Regens on behalf of Capital Machinery 1 Corp (Regens, Craig)
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Request |
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3 |
Filed: 12/16/2016, Entered: 12/16/2016 |
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ENTRY of Appearance by Rob F Robertson on behalf of Capital Machinery 1 Corp (Robertson, Rob)
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Request |
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2 |
Filed: 12/16/2016, Entered: 12/16/2016 |
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ENTRY of Appearance by Paula M Williams on behalf of Capital Machinery 1 Corp (Williams, Paula)
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Request |
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Filed: 12/16/2016, Entered: 12/16/2016 |
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PAYMENT FOR A CIVIL CASE Filing fee $ 400, receipt number 1087-2408150. (Williams, Paula)
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1 |
Filed: 12/16/2016, Entered: 12/16/2016 |
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NOTICE OF REMOVAL from Beckham County Court, case number CJ-16-173 filed by Capital Machinery 1 Corp. (Attachments: # 1 Exhibit 1 Petition, # 2 Exhibit 2 Summons, # 3 Exhibit 3 Docket Sheet, # 4 Exhibit 4 Management Services agreement, # 5 Exhibit 5 Signed Declaration of D12C3E2, # 6 Exhibit 6 Oklahoma Secretary of State, # 7 Exhibit 7 Purchase and Sale Agreement, # 8 Civil Cover Sheet)(kr)
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Request |
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