09977AA v. Marker-Volkl USA, Inc. et al

Federal Civil Lawsuit Texas Northern District Court, Case No. 5:17-cv-00239
District Judge Sam R Cummings, presiding
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District Judge Sam R Cummings
Last Updated July 29, 2025 at 6:46 PM EDT (11.7 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Anonymized Party [09977AA], Plaintiff

Represented by gorillalawfirm.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Erik Ryne Hutcheson +1 806 744 4477 +1 806 744 2671 ryne@gorillalawfirm.com
Space Davis Wade Smith josh@gorillalawfirm.com
v.
No Logo Jarden Corporation, Defendant

Represented by Hermes Law PC

Name Phone Fax E-Mail
Space Ryan Brown
No Logo Marker/volkl Usa, Inc., Defendant

Represented by Bustos Law Firm PC

Name Phone Fax E-Mail
Space Fernando Manuel Bustos +1 806 780 3976 +1 806 780 3800 fbustos@bustoslawfirm.com

Represented by Duane Morris LLP

Name Phone Fax E-Mail
Space Paul Sigurd Rosenlund +1 415 957 3178 +1 415 520 5479 psrosenlund@duanemorris.com
No Logo Volkl Sports GmbH & Co.KG, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Fernando Manuel Bustos +1 806 780 3976 +1 806 780 3800 fbustos@bustoslawfirm.com
Space Paul S. Rosenlund
Attributes
Nature of Suit 365 - Personal Injury: Product Liability
Cause Section 28 U.S.C. § 1441 Notice of Removal
Jurisdiction Diversity
Case Status closed
Jury Demand None
Monetary Demand $9,999,000
Anonymization By SCALES
Timeline
  Entries (56) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank  Filed: 12/3/2018, Entered: 12/3/2018
***Clerk's Notice of delivery: (see NEF for details) Docket No:47. Mon Dec 3 11:43:26 CST 2018 (crt)
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Legal Document (Payment Possibly Required) 47 Filed: 12/3/2018, Entered: 12/3/2018 Court Filing
ORDER: IT IS THEREFORE ORDERED that all claims asserted against the Defendants are hereby DISMISSED WITH PREJUDICE with costs taxed against the party incurring the same. Further, Defendant Volkl Sports GmbH & CO. KG's Motion to Dismiss, filed July 2, 2018, is DENIED AS MOOT. The Clerk the Court is directed to close this civil action. (Ordered by Senior Judge Sam R Cummings on 12/3/2018) (bmg)
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Legal Document (Payment Possibly Required) 46 Filed: 11/28/2018, Entered: 11/28/2018
STIPULATION OF DISMISSAL by Marker-Volkl USA, Inc., Volkl Sports GmbH & Co.KG. (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 45 Filed: 11/20/2018, Entered: 11/20/2018
NOTICE of Subpoena to Steve Daniel filed by Marker-Volkl USA, Inc., Volkl Sports GmbH & Co.KG (Bustos, Fernando)
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Blank  Filed: 11/15/2018, Entered: 11/15/2018
***Clerk's Notice of delivery: (see NEF for details) Docket No:44. Thu Nov 15 09:57:36 CST 2018 (crt)
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Legal Document (Payment Possibly Required) 44 Filed: 11/15/2018, Entered: 11/15/2018 Court Filing
ORDER: The Court, having considered Plaintiffs Second Motion to Extend the Time for Jurisdictional Discovery and for Plaintiff's Response 42 to Defendant Volkl Sports GmbH & Co. KG's Motion to Dismiss, filed November 9, 2018, is of the opinion that the same should be GRANTED IN PART. The deadline to complete jurisdictional discovery and respond to the pending motion to dismiss is hereby extended to 9:00 a.m. on December 14, 2018. (Ordered by Senior Judge Sam R Cummings on 11/15/2018) (bmg)
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Legal Document (Payment Possibly Required) 43 Filed: 11/13/2018, Entered: 11/13/2018
RESPONSE filed by Volkl Sports GmbH & Co.KG re: 42 Second MOTION to Extend Time (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 42 Filed: 11/9/2018, Entered: 11/9/2018
Second MOTION to Extend Time filed by 09977AA (Attachments: # 1 Exhibit(s) Defendant Volkl' Sports Response to Plaintiff's Jurisdictional Discovery, # 2 Exhibit(s) Plaintiff's discovery demand ltr. dated Oct. 31, 2018, # 3 Exhibit(s) Rosenlund E-Mail dated November 6, 2018 relating to death of Volkl Sports executive, # 4 Exhibit(s) Defendants' letter dated August 20, 2018; re: deposition of Christoph Bronder, # 5 Exhibit(s) Email from US consulate dated November 5, 2018) (Smith, Davis)
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Blank  Filed: 10/10/2018, Entered: 10/10/2018
***Clerk's Notice of delivery: (see NEF for details) Docket No:41. Wed Oct 10 11:46:13 CDT 2018 (crt)
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Legal Document (Payment Possibly Required) 41 Filed: 10/10/2018, Entered: 10/10/2018 Court Filing
AGREED PROTECTIVE ORDER: The Court enters this Agreed Protective Order toprotect the confidentiality of this information, and this Agreed Protective Order will govern all future discovery to or from any party or other person in this case. (Ordered by Senior Judge Sam R Cummings on 10/10/2018) (bmg)
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Legal Document (Payment Possibly Required) 40 Filed: 10/10/2018, Entered: 10/10/2018
Agreed MOTION for Protective Order filed by Marker-Volkl USA, Inc., Volkl Sports GmbH & Co.KG (Bustos, Fernando)
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Blank  Filed: 9/20/2018, Entered: 9/20/2018
***Clerk's Notice of delivery: (see NEF for details) Docket No:39. Thu Sep 20 10:10:01 CDT 2018 (crt)
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Legal Document (Payment Possibly Required) 39 Filed: 9/20/2018, Entered: 9/20/2018 Court Filing
ORDER : The Court finds that Plaintiff's Motion 38 is GRANTED IN PART. The Court extends the deadline for completing the jurisdictional discovery and for responding to the pending motion to dismiss until 9:00 a.m. on November 30, 2018. All other requested relief is denied. (Ordered by Senior Judge Sam R Cummings on 9/20/2018) (bmg)
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Legal Document (Payment Possibly Required) 38 Filed: 9/18/2018, Entered: 9/18/2018
MOTION to Extend Time Extend Time for Jurisdictional Discovery and for Plaintiff's Response to Defendant Volkl Sport's Rule 12(b)(2) Motion to Dismiss filed by 09977AA (Attachments: # 1 Exhibit(s) Exhibit A to Plaintiff's Motion to Extend Time for Jurisdictional Discovery, # 2 Exhibit(s) Exhibit B to Plaintiff's Motion to Extend Time for Jurisdictional Discovery) (Smith, Davis)
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Legal Document (Payment Possibly Required) 37 Filed: 8/10/2018, Entered: 8/10/2018
NOTICE of Attorney Appearance by Paul S Rosenlund on behalf of Marker-Volkl USA, Inc., Volkl Sports GmbH & Co.KG. (Filer confirms contact info in ECF is current.) (Rosenlund, Paul)
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Legal Document (Payment Possibly Required) 36 Filed: 8/3/2018, Entered: 8/3/2018
NOTICE of Subpoena to Minor Emergency Center filed by Marker-Volkl USA, Inc., Volkl Sports GmbH & Co.KG (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 35 Filed: 8/3/2018, Entered: 8/3/2018
NOTICE of Subpoena to Grassroots Chiropractic filed by Marker-Volkl USA, Inc., Volkl Sports GmbH & Co.KG (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 34 Filed: 8/3/2018, Entered: 8/3/2018
NOTICE of Subpoena to Texas Tech Physicians filed by Marker-Volkl USA, Inc., Volkl Sports GmbH & Co.KG (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 33 Filed: 8/3/2018, Entered: 8/3/2018
NOTICE of Subpoena to Texas Physicians Group filed by Marker-Volkl USA, Inc., Volkl Sports GmbH & Co.KG (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 32 Filed: 8/3/2018, Entered: 8/3/2018
NOTICE of Subpoena to Snowmass Ski Clinic filed by Marker-Volkl USA, Inc., Volkl Sports GmbH & Co.KG (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 31 Filed: 8/3/2018, Entered: 8/3/2018
NOTICE of Subpoena to Physical Therapy Today filed by Marker-Volkl USA, Inc., Volkl Sports GmbH & Co.KG (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 30 Filed: 8/3/2018, Entered: 8/3/2018
NOTICE of Subpoena to Grace Health System filed by Marker-Volkl USA, Inc., Volkl Sports GmbH & Co.KG (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 29 Filed: 8/3/2018, Entered: 8/3/2018
NOTICE of Subpoena to Eric Willsky, M.D. PC filed by Marker-Volkl USA, Inc., Volkl Sports GmbH & Co.KG (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 28 Filed: 8/3/2018, Entered: 8/3/2018
NOTICE of Subpoena to Cross Fit Wild West filed by Marker-Volkl USA, Inc., Volkl Sports GmbH & Co.KG (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 27 Filed: 8/3/2018, Entered: 8/3/2018
NOTICE of Subpoena to Aspen Valley Hospital filed by Marker-Volkl USA, Inc., Volkl Sports GmbH & Co.KG (Bustos, Fernando)
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Blank  Filed: 7/25/2018, Entered: 7/25/2018
***Clerk's Notice of delivery: (see NEF for details) Docket No:26. Wed Jul 25 10:38:18 CDT 2018 (crt)
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Legal Document (Payment Possibly Required) 26 Filed: 7/25/2018, Entered: 7/25/2018 Court Filing
ORDER granting 25 Motion for Leave to File. Plaintiff's Motion for Leave to Late File Plaintiffs Motion for Leave to Conduct Jurisdictional Discovery,or in the Alternative, For an Extension of Time to Respond to Defendant Volkl Sports GmbH & Co. KG's Rule 12(b)(2) Motion to Dismiss is GRANTED. The Motion for Leave, is DEEMED FILED along with attached brief and appendix. Plaintiff shall have 60 days to complete any discovery related to the jurisdictional issues presented and respond to Defendant Volkl Sports GmbH & Co. KG's Rule 12(b)(2) Motion to Dismiss.(Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Senior Judge Sam R Cummings on 7/25/2018) (bmg)
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Legal Document (Payment Possibly Required) 25 Filed: 7/24/2018, Entered: 7/24/2018
MOTION for Leave to File Late Filed Motion to Conduct Jurisdictional Discovery filed by 09977AA (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s), # 4 Exhibit(s), # 5 Exhibit(s)) (Smith, Davis)
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Legal Document (Payment Possibly Required) 24 Filed: 7/24/2018, Entered: 7/24/2018
NOTICE of Advisory to Court re: 22 MOTION to Dismiss and Brief in Support filed by Volkl Sports GmbH & Co.KG (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 23 Filed: 7/2/2018, Entered: 7/2/2018
Appendix in Support filed by Volkl Sports GmbH & Co.KG re 22 MOTION to Dismiss and Brief in Support (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 22 Filed: 7/2/2018, Entered: 7/2/2018
MOTION to Dismiss and Brief in Support filed by Volkl Sports GmbH & Co.KG Attorney Fernando M Bustos added to party Volkl Sports GmbH & Co.KG(pty:dft) (Bustos, Fernando)
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Blank  Filed: 6/19/2018, Entered: 6/19/2018
***Clerk's Notice of delivery: (see NEF for details) Docket No:21. Mailed Copy of Order to Duane Morris, LLP; attn: Paul S. Rosenlund and Hermes Law PC; attn: Ryan Brown. Tue Jun 19 10:25:01 CDT 2018 (crt)
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Legal Document (Payment Possibly Required) 21 Filed: 6/19/2018, Entered: 6/19/2018 Court Filing
ORDER GRANTING AARON M. PIER'S UNOPPOSED MOTION TO WITHDRAW AS COUNSEL FOR DEFENDANT MARKER-VOLKL USA, INC. re: document number 20 Motion to Withdraw as Counsel. (Ordered by Senior Judge Sam R Cummings on 6/19/2018) (krd)
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Legal Document (Payment Possibly Required) 20 Filed: 6/18/2018, Entered: 6/18/2018
Unopposed MOTION to Withdraw as Attorney Aaron M. Pier filed by Marker-Volkl USA, Inc. (Bustos, Fernando)
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Blank  Filed: 4/20/2018, Entered: 4/20/2018
***Clerk's Notice of delivery: (see NEF for details) Docket No:19. Fri Apr 20 14:05:02 CDT 2018 (crt)
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Legal Document (Payment Possibly Required) 19 Filed: 4/20/2018, Entered: 4/20/2018 Court Filing
ORDER: Amended Pleadings due by 8/15/2018. Discovery due by 4/15/2019. Joinder of Parties due by 8/15/2018. Motions due by 12/17/2018. Motions for Summary Judgment must be filed by 3:00 p.m. pm 12/17/2018. Motions in limine must be filed by 3:00 p.m. on 04/15/2019. Jury Trial set for 5/6/2019 09:00 AM in US Courthouse, Courtroom C-216, 1205 Texas Avenue, Lubbock, TX 79401-4091 before Senior Judge Sam R Cummings. (Ordered by Senior Judge Sam R Cummings on 4/20/2018) (bmg)
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Legal Document (Payment Possibly Required) 18 Filed: 4/18/2018, Entered: 4/18/2018
MOTION FOR ENTRY OF SCHEDULING ORDER filed by Marker-Volkl USA, Inc. (Bustos, Fernando) Modified text on 4/18/2018 (bmg).
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Blank  Filed: 3/20/2018, Entered: 3/20/2018
***Clerk's Notice of delivery: (see NEF for details) Docket No:17. Tue Mar 20 10:14:09 CDT 2018 (crt)
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Legal Document (Payment Possibly Required) 17 Filed: 3/20/2018, Entered: 3/20/2018 Court Filing
ORDER granting 14 Plaintiff's First Amended Motion for Appointment of aSpecial Process Server, filed January 11, 2018. (Ordered by Senior Judge Sam R Cummings on 3/20/2018) (krd)
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Legal Document (Payment Possibly Required) 16 Filed: 1/22/2018, Entered: 2/6/2018
PLAINTIFF'S THIRD AMENDED ORIGINAL COMPLAINT against Marker-Volkl USA, Inc., Volkl Sports GmbH & Co.KG filed by 09977AA. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (bmg)
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Blank  Filed: 1/22/2018, Entered: 1/22/2018
***Clerk's Notice of delivery: (see NEF for details) Docket No:15. Mon Jan 22 10:29:04 CST 2018 (crt)
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Legal Document (Payment Possibly Required) 15 Filed: 1/22/2018, Entered: 1/22/2018 Court Filing
ORDER granting 12 Motion for Leave to File Third Amended Complaint.The Court finds that Plaintiff's Motion for Leave to File Third Amended Complaint should be GRANTED. The Third Amended Complaint is DEEMED FILED on the date of this Order (Ordered by Senior Judge Sam R Cummings on 1/22/2018) (bmg)
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Legal Document (Payment Possibly Required) 14 Filed: 1/11/2018, Entered: 1/11/2018
FIRST AMENDED MOTION FOR APPOINTMENT OF A SPECIAL PROCESS SERVER filed by 09977AA (Attachments: # 1 Affidavit(s)) (Smith, Davis) Modified text on 1/12/2018 (bmg).
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Legal Document (Payment Possibly Required) 13 Filed: 1/10/2018, Entered: 1/10/2018
Brief/Memorandum in Support filed by 09977AA re 12 MOTION for Leave to File Plaintiff's Third Amended Complaint (Attachments: # 1 Proposed Amendment) (Smith, Davis)
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Legal Document (Payment Possibly Required) 12 Filed: 1/10/2018, Entered: 1/10/2018
MOTION for Leave to File Plaintiff's Third Amended Complaint filed by 09977AA with Brief/Memorandum in Support. (Attachments: # 1 Proposed Amendment) (Smith, Davis)
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Legal Document (Payment Possibly Required) 11 Filed: 12/22/2017, Entered: 12/22/2017
MOTION for Appointment of a Special Process Server filed by 09977AA (Attachments: # 1 Affidavit(s) Ex. A, Affidavit of John Pierceall) (Smith, Davis)
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Legal Document (Payment Possibly Required) 10 Filed: 12/14/2017, Entered: 12/14/2017
Summons Issued as to Volkl Sports GmbH & Co.KG. (bmg)
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Legal Document (Payment Possibly Required) 9 Filed: 12/13/2017, Entered: 12/13/2017
Request for Clerk to issue Summons filed by 09977AA. (Smith, Davis)
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Legal Document (Payment Possibly Required) 8 Filed: 12/10/2017, Entered: 12/10/2017
AMENDED COMPLAINT against All Defendants filed by 09977AA. Plaintiff will submit summons(es) for issuance. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Smith, Davis)
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Legal Document (Payment Possibly Required) 7 Filed: 12/8/2017, Entered: 12/8/2017
MOTION for Leave to File Plaintiff's Second Amended Original Petition filed by 09977AA (Attachments: # 1 Exhibit(s) Plaintiff's Second Amended Original Petition) (Smith, Davis)
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Legal Document (Payment Possibly Required) 6 Filed: 10/25/2017, Entered: 10/25/2017
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by 09977AA. (Smith, Davis)
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Legal Document (Payment Possibly Required) 5 Filed: 10/25/2017, Entered: 10/25/2017
NOTICE of Attorney Appearance by Davis Wade Smith on behalf of 09977AA. (Filer confirms contact info in ECF is current.) (Smith, Davis)
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Legal Document (Payment Possibly Required) 4 Filed: 10/17/2017, Entered: 10/17/2017 Court Filing
New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (bmg)
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Legal Document (Payment Possibly Required) 3 Filed: 10/13/2017, Entered: 10/13/2017
ADDITIONAL ATTACHMENTS to 1 Notice of Removal,,,, by Defendant Marker-Volkl USA, Inc.. (Bustos, Fernando) (Main Document 3 replaced on 10/17/2017) (bmg).
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Legal Document (Payment Possibly Required) 2 Filed: 10/13/2017, Entered: 10/13/2017
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Marker-Volkl USA, Inc.. (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 1 Filed: 10/13/2017, Entered: 10/13/2017 Court Filing
NOTICE OF REMOVAL from 237th District Court, Lubbock County, Texas, case number 2017525902 filed by Marker-Volkl USA, Inc.. (Filing fee $400; receipt number 0539-8738219) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Appendix) (Bustos, Fernando)
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