Bowers v. Abundant Home Health LLC

Federal Civil Lawsuit Texas Northern District Court, Case No. 3:16-cv-01314
District Judge Sam R Cummings, presiding
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District Judge Sam R Cummings
Last Updated July 29, 2025 at 6:26 PM EDT (11.5 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Anonymized Party [A9900B9], Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Scotty D Jones
Space Douglas B Welmaker
No Logo Anonymized Party [DE89B10], Plaintiff

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 Dunham & Jones

Name Phone Fax E-Mail
Space Scotty D Jones +1 817 888 8888 +1 817 810 0050 sjones@dunhamlaw.com

Represented by morelandlaw.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Douglas Burton Welmaker +1 512 782 0567 +1 512 782 0605 doug@morelandlaw.com
No Logo Jana Bowers, Plaintiff

Represented by Dunham & Jones

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Scotty D Jones +1 817 888 8888 +1 817 810 0050 sjones@dunhamlaw.com

Represented by Law Offices of Fernando M. Bustos, PC

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

Represented by morelandlaw.com Law Firm Placeholder

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Douglas Burton Welmaker +1 512 782 0567 +1 512 782 0605 doug@morelandlaw.com
No Logo Natalie Gray, Plaintiff

Represented by Dunham & Jones

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Scotty D Jones +1 817 888 8888 +1 817 810 0050 sjones@dunhamlaw.com

Represented by morelandlaw.com Law Firm Placeholder

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Douglas Burton Welmaker +1 512 782 0567 +1 512 782 0605 doug@morelandlaw.com
v.
No Logo Abundant Home Health LLC, Defendant

Represented by Law Office of Peter J. Harry, PLLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Peter J Harry +1 469 232 2653 +1 469 232 2656 pete@pjharrylaw.com

Represented by The Weaver Law Firm, PC

Name Phone Fax E-Mail
TERMINATED: 02/09/2018, TERMINATED: 02/09/2018, TERMINATED: 02/09/2018 R. David Weaver +1 817 460 5900 +1 817 460 5908
Space R. David Weaver +1 817 460 5900 +1 817 460 5908
No Logo Anonymized Party [5562E38], Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space R. DAVID WEAVER. +1 817 460 5900 +1 817 460 5908

Represented by Law Office of Peter J. Harry, PLLC

Name Phone Fax E-Mail
Space Peter J Harry +1 469 232 2653 +1 469 232 2656 pete@pjharrylaw.com
No Logo Anonymized Party [7DE58BC], Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space R. DAVID WEAVER. +1 817 460 5900 +1 817 460 5908

Represented by Law Office of Peter J. Harry, PLLC

Name Phone Fax E-Mail
Space Peter J Harry +1 469 232 2653 +1 469 232 2656 pete@pjharrylaw.com
No Logo James L Santiago, Defendant

Represented by Law Office of Peter J. Harry, PLLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Peter J Harry +1 469 232 2653 +1 469 232 2656 pete@pjharrylaw.com

Represented by The Weaver Law Firm, PC

Name Phone Fax E-Mail
TERMINATED: 02/09/2018, TERMINATED: 02/09/2018, TERMINATED: 02/09/2018 R. David Weaver +1 817 460 5900 +1 817 460 5908
No Logo Lailani Mendoza, Defendant

Represented by Law Office of Peter J. Harry, PLLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Peter J Harry +1 469 232 2653 +1 469 232 2656 pete@pjharrylaw.com

Represented by The Weaver Law Firm, PC

Name Phone Fax E-Mail
TERMINATED: 02/09/2018, TERMINATED: 02/09/2018, TERMINATED: 02/09/2018 R. David Weaver +1 817 460 5900 +1 817 460 5908
Attributes
Citation Section 29 U.S.C. § 201
Nature of Suit 710 - Labor: Fair Labor Standards Act
Jurisdiction Federal Question
Case Status closed
Jury Demand Plaintiff
Anonymization By SCALES
Timeline
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Legal Document (Payment Possibly Required) 158 Filed: 8/16/2021, Entered: 8/16/2021 Court Filing
JUDGMENT in favor of DE89B10 against 7DE58BC, 5562E38. Pursuant to LR 79.2 and LCrR 55.2, exhibits may be claimed during the 60-day period following final disposition (to do so, follow the procedures found at Exhibit Guide). The clerk will discard exhibits that remain unclaimed after the 60-day period without additional notice. (Clerk to notice any party not electronically noticed.) (Ordered by Senior Judge Sam R Cummings on 8/16/2021) (mla)
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Legal Document (Payment Possibly Required) 157 Filed: 8/16/2021, Entered: 8/16/2021 Court Filing
ORDER granting 142 Motion for Entry of Judgment and Liquidated Damages. Judgment shall be entered on even date. (Ordered by Senior Judge Sam R Cummings on 8/16/2021) (mla)
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Legal Document (Payment Possibly Required) 156 Filed: 8/16/2021, Entered: 8/16/2021 Court Filing
ORDER granting in part and denying in part 143 Motion for Attorney Fees. (Ordered by Senior Judge Sam R Cummings on 8/16/2021) (mla)
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Legal Document (Payment Possibly Required) 155 Filed: 8/11/2021, Entered: 8/11/2021
AFFIDAVIT re 154 Order Supplemental Affidavit of Fernando Bustos In Support of Attorneys' Fees by DE89B10. (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 154 Filed: 8/11/2021, Entered: 8/11/2021 Court Filing
ORDER: Plaintiff must provide the Court with a separate breakdown, by no later than 8/18/2021, as to the total number of hours billed. (Ordered by Senior Judge Sam R Cummings on 8/11/2021) (ygl).
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Legal Document (Payment Possibly Required) 153 Filed: 8/9/2021, Entered: 8/9/2021
REPLY filed by DE89B10 re: 143 MOTION for Attorney Fees . (axm)
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Legal Document (Payment Possibly Required) 152 Filed: 8/9/2021, Entered: 8/9/2021 Court Filing
ORDER granting 151 Motion for Leave to File a Reply Memorandum. (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 8/9/2021) (axm)
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Legal Document (Payment Possibly Required) 151 Filed: 8/6/2021, Entered: 8/6/2021
MOTION for Leave to File Reply Memorandum filed by DE89B10 with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B) (Welmaker, Douglas)
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Legal Document (Payment Possibly Required) 150 Filed: 8/3/2021, Entered: 8/3/2021
RESPONSE filed by Abundant Home Health LLC, 5562E38, 7DE58BC re: 143 MOTION for Attorney Fees (Attachments: # 1 Exhibit(s) A) (Harry, Peter)
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Legal Document (Payment Possibly Required) 149 Filed: 7/27/2021, Entered: 7/27/2021
Supplemental Document by DE89B10 as to 143 MOTION for Attorney Fees . (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B) (Welmaker, Douglas)
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Legal Document (Payment Possibly Required) 148 Filed: 7/27/2021, Entered: 7/27/2021 Court Filing
ORDER: The Court hereby ORDERS that Defendants file a response, by no later than 8/3/2021, to Plaintiff's Application for Award of Attorney's Fees, Costs, and Expenses. (Ordered by Senior Judge Sam R Cummings on 7/27/2021) (jmg)
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Legal Document (Payment Possibly Required) 147 Filed: 7/27/2021, Entered: 7/27/2021 Court Filing
ORDER denying 138 Motion to Enforce Rule 26(a)(l) Restrictions. (Ordered by Senior Judge Sam R Cummings on 7/27/2021) (mla)
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Legal Document (Payment Possibly Required) 146 Filed: 7/26/2021, Entered: 7/26/2021
RESPONSE filed by Abundant Home Health LLC, 5562E38, 7DE58BC re: 142 MOTION Entry of Judgment and Liquidated Damages (Attachments: # 1 Exhibit(s) A1, # 2 Exhibit(s) A2, # 3 Exhibit(s) A3, # 4 Exhibit(s) B, # 5 Exhibit(s) C) (Harry, Peter)
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Legal Document (Payment Possibly Required) 145 Filed: 7/23/2021, Entered: 7/23/2021
RESPONSE filed by DE89B10 re: 138 MOTION Motion to Enforce Rule 26(a) Restrictions Pursuant to FRCP 37(c) (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D) (Welmaker, Douglas)
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Legal Document (Payment Possibly Required) 144 Filed: 7/20/2021, Entered: 7/20/2021 Court Filing
ORDER: Following the filing of Plaintiff's 143 Application for Award of Attorney's Fees, Costs, and Expenses, the Court ORDERS that Plaintiff's 139 Emergency Motion for Continuance and Plaintiff's 140 Amended Unopposed Emergency Motion for Continuance be DENIED as moot. (Ordered by Senior Judge Sam R Cummings on 7/20/2021) (twd)
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Legal Document (Payment Possibly Required) 143 Filed: 7/19/2021, Entered: 7/19/2021
MOTION for Attorney Fees filed by DE89B10. (Attachments: # 1 Exhibit(s) A, # 2 Attach. 1, # 3 Attach. 2, # 4 Attach. 3, # 5 Attach. 4, # 6 Attach. 5, # 7 Attach. 6, # 8 Attach. 7, # 9 Attach. 8, # 10 Attach. 9, # 11 Attach. 10, # 12 Exhibit(s) B, # 13 Exhibit(s) C, # 14 Exhibit(s) D, # 15 Exhibit(s) E) (Welmaker, Douglas)
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Legal Document (Payment Possibly Required) 142 Filed: 7/19/2021, Entered: 7/19/2021
MOTION Entry of Judgment and Liquidated Damages filed by DE89B10 (Welmaker, Douglas)
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Legal Document (Payment Possibly Required) 141 Filed: 7/19/2021, Entered: 7/19/2021 Court Filing
ORDER re: 138 Motion to Enforce Rule 26(a) Restrictions Pursuant to FRCP 37(c). Responses due by 7/23/2021. (Ordered by Senior Judge Sam R Cummings on 7/19/2021) (ygl)
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Legal Document (Payment Possibly Required) 140 Filed: 7/19/2021, Entered: 7/19/2021
Amended Unopposed Emergency MOTION to Continue filed by DE89B10 (Welmaker, Douglas)
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Legal Document (Payment Possibly Required) 139 Filed: 7/19/2021, Entered: 7/19/2021
Emergency MOTION to Continue Date for Fee Petition filed by DE89B10 (Welmaker, Douglas)
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Legal Document (Payment Possibly Required) 138 Filed: 7/16/2021, Entered: 7/16/2021
MOTION Motion to Enforce Rule 26(a) Restrictions Pursuant to FRCP 37(c) filed by Abundant Home Health LLC, 5562E38, 7DE58BC with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2) (Harry, Peter)
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Blank  Filed: 7/8/2021, Entered: 7/8/2021
JURY VERDICT (See document 137 for image). (axm)
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Legal Document (Payment Possibly Required) 137 Filed: 7/8/2021, Entered: 7/8/2021
Jury Charge. (axm)
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Blank 134 Filed: 7/8/2021, Entered: 7/8/2021 Court Filing
ELECTRONIC Minute Entry for proceedings held before Senior Judge Sam R Cummings: 3rd Day of Jury Trial on 7/8/2021. Closing arguments heard. Jury deliberations begin. Verdict returned for plaintiff. Jury dismissed.Written judgment to follow. Attorney Appearances: Plaintiff - Douglas B Welmaker with Fernando Bustos; Defense - Peter J. Harry. (Court Reporter: Pamela Wilson) (Exhibits admitted - returned to party) Time in Court - 1:15. (chmb)
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Legal Document (Payment Possibly Required) 136 Filed: 7/7/2021, Entered: 7/8/2021
Certification of Trial Exhibits for Jury Deliberations. (jmg)
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Legal Document (Payment Possibly Required) 135 Filed: 7/7/2021, Entered: 7/8/2021
Court's Exhibit and Witness List. (jmg)
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Blank 133 Filed: 7/7/2021, Entered: 7/7/2021 Court Filing
ELECTRONIC Minute Entry for proceedings held before Senior Judge Sam R Cummings: 2nd day of Jury Trial on 7/7/2021. Plaintiff's testimony continued. Plaintiff's rest. Deft testimony begins. Deft's rest. All parties close. Charge conference held. Court's charge to the jury. Court adjourned to Thursday, July 8, 2021 at 8:30am. Attorney Appearances: Plaintiff - Douglas B Welmaker with Fernando Bustos; Defense - Peter J. Harry. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:30. (chmb)
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Legal Document (Payment Possibly Required) 132 Filed: 7/7/2021, Entered: 7/7/2021
AFFIDAVIT of Due Diligence as to Bonna Resurrecion by DE89B10. (Welmaker, Douglas)
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Legal Document (Payment Possibly Required) 131 Filed: 7/7/2021, Entered: 7/7/2021
AFFIDAVIT of Non-Service as to Lillian Rodgers by DE89B10. (Welmaker, Douglas)
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Blank 130 Filed: 7/7/2021, Entered: 7/7/2021 Court Filing
ELECTRONIC Minute Entry for proceedings held before Senior Judge Sam R Cummings: 1st Day of Jury Trial Begun on 7/6/2021. Jury selection/voir dire held. Jury selected, seated, and sworn. Opening statements heard. Plaintiff testimony begins. Adjourned until Wednesday, July 7, 2021 at 8:30am. Attorney Appearances: Plaintiff - Douglas B Welmaker with Fernando Bustos; Defense - Peter J. Harry. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:30. (chmb)
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Legal Document (Payment Possibly Required) 129 Filed: 7/6/2021, Entered: 7/6/2021
TRIAL BRIEF on Plaintiff's Burden of Proof by DE89B10. (Welmaker, Douglas)
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Legal Document (Payment Possibly Required) 128 Filed: 6/30/2021, Entered: 6/30/2021 Court Filing
ORDER: The Court hereby ORDERS that Defendant's Objections to Plaintiff's Deposition Designation be OVERRULED at this time. (Ordered by Senior Judge Sam R Cummings on 6/30/2021) (axm)
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Legal Document (Payment Possibly Required) 127 Filed: 6/29/2021, Entered: 6/29/2021
OBJECTION filed by Abundant Home Health LLC, 5562E38, 7DE58BC re: 122 Designation of Deposition, 120 Designation of Deposition (Harry, Peter)
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Legal Document (Payment Possibly Required) 126 Filed: 6/16/2021, Entered: 6/16/2021 Court Filing
ORDER: The Parties are advised that the trial in this civil action shall take place in the United States District Courtroom 1351,Earle Cabell Federal Building, Dallas, Texas. (Ordered by Senior Judge Sam R Cummings on 6/16/2021) (oyh)
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Legal Document (Payment Possibly Required) 125 Filed: 6/16/2021, Entered: 6/16/2021 Court Filing
ORDER: Defendants' 115 Motion in Limine, filed 6/15/2021, is hereby GRANTED with the exception of items 11 and 15, which are specifically DENIED. (Ordered by Senior Judge Sam R Cummings on 6/16/2021) (oyh)
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Legal Document (Payment Possibly Required) 124 Filed: 6/16/2021, Entered: 6/16/2021 Court Filing
ORDER granting 119 Motion in Limine. (Ordered by Senior Judge Sam R Cummings on 6/16/2021) (oyh)
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Legal Document (Payment Possibly Required) 123 Filed: 6/16/2021, Entered: 6/16/2021 Court Filing
JOINT PRETRIAL ORDER. (Ordered by Senior Judge Sam R Cummings on 6/16/2021) (twd)
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Legal Document (Payment Possibly Required) 122 Filed: 6/15/2021, Entered: 6/15/2021
Designation of Deposition by DE89B10. (Welmaker, Douglas)
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Legal Document (Payment Possibly Required) 121 Filed: 6/15/2021, Entered: 6/15/2021
Plaintiff's First Amended Pretrial Disclosures filed by DE89B10. (Welmaker, Douglas)
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Legal Document (Payment Possibly Required) 120 Filed: 6/15/2021, Entered: 6/15/2021
Designation of Deposition by DE89B10. (Welmaker, Douglas)
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Legal Document (Payment Possibly Required) 119 Filed: 6/15/2021, Entered: 6/15/2021
MOTION in Limine filed by DE89B10 (Welmaker, Douglas)
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Legal Document (Payment Possibly Required) 118 Filed: 6/15/2021, Entered: 6/15/2021
Defendants' Rule 26(a)(3)(A) Pretrial Disclosures by Abundant Home Health, LLC and filed by 5562E38, 7DE58BC. (Harry, Peter)
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Legal Document (Payment Possibly Required) 117 Filed: 6/15/2021, Entered: 6/15/2021
Plaintiff's Rule 26a3 Pretrial Disclosures filed by DE89B10. (Welmaker, Douglas)
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Legal Document (Payment Possibly Required) 116 Filed: 6/15/2021, Entered: 6/15/2021
Proposed Jury Charge filed by DE89B10. (Welmaker, Douglas)
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Legal Document (Payment Possibly Required) 115 Filed: 6/15/2021, Entered: 6/15/2021
MOTION in Limine filed by Abundant Home Health LLC, 5562E38, 7DE58BC (Harry, Peter)
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Legal Document (Payment Possibly Required) 114 Filed: 6/15/2021, Entered: 6/15/2021
NOTICE of Filing of Joint Pretrial Order filed by DE89B10 (Welmaker, Douglas)
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Legal Document (Payment Possibly Required) 113 Filed: 6/7/2021, Entered: 6/7/2021 Court Filing
ORDER GIVING NOTICE OF TRIAL PROCEDURES. (Ordered by Senior Judge Sam R Cummings on 6/7/2021) (mjr)
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Legal Document (Payment Possibly Required) 112 Filed: 6/2/2021, Entered: 6/2/2021 Court Filing
ORDER: The parties are instructed that they shall incorporate their opening statements with their respective voir dire examinations of the jury panel. Each side will be allowed up to thirty (30) minutes for the combined voir dire and opening statement. (Ordered by Senior Judge Sam R Cummings on 6/2/2021) (twd)
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Legal Document (Payment Possibly Required) 111 Filed: 6/1/2021, Entered: 6/1/2021 Court Filing
ORDER: For the reasons stated in Plaintiff's Response in Opposition, the Court ORDERS that Defendants' 108 Motion to Quash be DENIED. (Ordered by Senior Judge Sam R Cummings on 6/1/2021) (twd)
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Legal Document (Payment Possibly Required) 110 Filed: 5/28/2021, Entered: 5/28/2021
RESPONSE filed by DE89B10 re: 108 MOTION to Quash (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B) (Welmaker, Douglas)
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Legal Document (Payment Possibly Required) 109 Filed: 5/25/2021, Entered: 5/25/2021 Court Filing
ORDER: The Court ORDERS that Plaintiff file a response to Defendants' 108 MOTION to Quash Discovery by no later than seven days from the date of this Order. (Ordered by Senior Judge Sam R Cummings on 5/25/2021) (mjr)
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Legal Document (Payment Possibly Required) 108 Filed: 5/24/2021, Entered: 5/24/2021
MOTION to Quash filed by Abundant Home Health LLC, 5562E38, 7DE58BC (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3, # 4 Exhibit(s) 4, # 5 Exhibit(s) 5) (Harry, Peter)
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Legal Document (Payment Possibly Required) 107 Filed: 4/5/2021, Entered: 4/5/2021 Court Filing
AMENDED SCHEDULING ORDER: Jury Trial set for 7/6/2021 09:00 AM before Senior Judge Sam R Cummings. (Ordered by Senior Judge Sam R Cummings on 4/5/2021) (ndt)
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Legal Document (Payment Possibly Required) 106 Filed: 4/5/2021, Entered: 4/5/2021 Court Filing
ORDER: The Court hereby ORDERS that the stay imposed in this civil action be LIFTED. The Parties are ORDERED to comply with all remaining deadlines as set forth in the Court's Amended Scheduling Order, entered on even date. (Ordered by Senior Judge Sam R Cummings on 4/5/2021) (ndt)
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Legal Document (Payment Possibly Required) 105 Filed: 3/29/2021, Entered: 3/29/2021 Court Filing
ORDER denying 104 Motion for Certification of Interlocutory Appeal. (Ordered by Senior Judge Sam R Cummings on 3/29/2021) (axm)
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Legal Document (Payment Possibly Required) 104 Filed: 3/25/2021, Entered: 3/25/2021
MOTION Certification of Interlocutory Appeal filed by DE89B10 (Welmaker, Douglas)
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Opinion 103 Filed: 2/23/2021, Entered: 2/23/2021 Court Filing
ORDER ADOPTING 101 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. The Court finds that Defendant 7DE58BC did not knowingly execute the settlement agreement, on behalf ofDefendant Abundant Home Health, LLC, and offered by Plaintiff DE89B10. Accordingly, it is hereby ORDERED that the Court's Rule 54(b) Judgment of 4/10/2019, be VACATED and this civil action remained STAYED due to the logistical issues presented by COVID-19. (Ordered by Senior Judge Sam R Cummings on 2/23/2021) (jmg)
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Legal Document (Payment Possibly Required) 102 Filed: 2/8/2021, Entered: 2/8/2021
OBJECTION to 101 Findings and Recommendations . (Welmaker, Douglas)
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Legal Document (Payment Possibly Required) 101 Filed: 1/25/2021, Entered: 1/25/2021 Court Filing
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Court should find that Abundant's representative did not knowingly and voluntarily execute the Original Agreement. (Ordered by Magistrate Judge David L. Horan on 1/25/2021) (mcrd)
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Legal Document (Payment Possibly Required) 100 Filed: 12/21/2020, Entered: 12/21/2020
Brief/Memorandum in Support filed by DE89B10 re 97 Order Setting Deadline/Hearing. (Welmaker, Douglas)
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Legal Document (Payment Possibly Required) 99 Filed: 12/21/2020, Entered: 12/21/2020
Brief/Memorandum in Support filed by Abundant Home Health LLC, 5562E38, 7DE58BC re 97 Order Setting Deadline/Hearing,,,, (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B) (Harry, Peter)
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Legal Document (Payment Possibly Required) 98 Filed: 11/30/2020, Entered: 11/30/2020 Court Filing
Notice of Filing of Official Electronic Transcript of Evidentiary Proceedings held on 11-02-20 before Judge David Horan. Court Reporter/Transcriber Kelli Ann Willis, Telephone number 214-753-2654. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. § 3509, file a Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (166 pages) Redaction Request due 12/21/2020. Redacted Transcript Deadline set for 12/31/2020. Release of Transcript Restriction set for 3/1/2021. (kaw)
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Blank 97 Filed: 11/2/2020, Entered: 11/2/2020 Court Filing
ELECTRONIC ORDER: As the undersigned discussed with counsel during the November 2, 2020 VTC evidentiary hearing, Plaintiff's counsel will order a transcript of the evidentiary hearing. The parties will each then, within 21 days of the date on which a copy of that transcript is filed, file a supplemental brief limited to the conveying the party's views on the effect of the testimony elicited and evidence admitted at the hearing "on the very limited issue of whether Abundant's representative knowingly and voluntarily executed the Original Agreement," as remanded by the United States Court of Appeals for the Fifth Circuit and then referred to the undersigned by Senior United States District Judge Sam R. Cummings to the undersigned to conduct an evidentiary hearing and enter the undersigned's Findings, Conclusion, and Recommendation for Judge Cummings's consideration. The parties may each then file a supplemental reply brief, limited to responding to the opposing supplemental brief, within 35 days of the date on which a copy of the transcript is filed. (Ordered by Magistrate Judge David L. Horan on 11/2/2020.)
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Blank 96 Filed: 11/2/2020, Entered: 11/2/2020 Court Filing
ELECTRONIC Minute Entry for proceedings held before Magistrate Judge David L. Horan: Evidentiary Hearing held on 11/2/2020. Order to enter. Attorney Appearances: Plaintiff - Douglas B Welmaker; Defense - Peter J Harry. (Court Reporter: Kelli Ann Willis) (Exhibits admitted - returned to party) Time in Court - 03:34. (mcrd)
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Legal Document (Payment Possibly Required) 95 Filed: 10/29/2020, Entered: 10/29/2020
Exhibit List and Witness List by Abundant Home Health LLC, 5562E38, 7DE58BC. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3, # 4 Exhibit(s) 4, # 5 Exhibit(s) 5, # 6 Exhibit(s) 6, # 7 Exhibit(s) 7) (Harry, Peter)
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Legal Document (Payment Possibly Required) 94 Filed: 10/27/2020, Entered: 10/27/2020
Witness List and Exhibit List filed by DE89B10 (Attachments: # 1 Exhibit(s)) (Welmaker, Douglas) Modified docket text and linkage on 10/27/2020 (oyh).
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Blank 93 Filed: 10/20/2020, Entered: 10/23/2020 Court Filing
ELECTRONIC Minute Entry for proceedings held before Magistrate Judge David L. Horan: Telephone Conference held on 10/20/2020. Attorney Appearances: Plaintiff - Douglas B Welmaker; Defense - Peter J Harry. (Court Reporter: Not Recorded) (No exhibits) Time in Court - :06. (mcrd)
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Blank 92 Filed: 10/20/2020, Entered: 10/20/2020 Court Filing
ELECTRONIC ORDER granting 90 Plaintiff DE89B10 Emergency Motion to Continue Evidentiary Hearing. The Court resets the October 21, 2020 VTC evidentiary hearing to November 2, 2020 at 9:30 a.m. Central Time. The Court will provide login information to the parties before the hearing. The parties must submit proposed exhibits and witness lists to the opposing party and the Court by 12:00 p.m. on October 27, 2020. (Ordered by Magistrate Judge David L. Horan on 10/20/2020.)
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Legal Document (Payment Possibly Required) 91 Filed: 10/20/2020, Entered: 10/20/2020
Appendix in Support filed by DE89B10 re 90 Emergency MOTION to Continue October 21, 2020 Hearing (Attachments: # 1 Exhibit(s) A, # 2 Att. 1, # 3 Att. 2) (Welmaker, Douglas)
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Legal Document (Payment Possibly Required) 90 Filed: 10/19/2020, Entered: 10/19/2020
Emergency MOTION to Continue October 21, 2020 Hearing filed by DE89B10 (Welmaker, Douglas)
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Legal Document (Payment Possibly Required) 89 Filed: 10/14/2020, Entered: 10/14/2020 Court Filing
ORDER SETTING EVIDENTIARY HEARING: Evidentiary Hearing set for 10/21/2020 09:30 AM before Magistrate Judge David L. Horan. The parties must submit proposed exhibits and witness lists to the opposing party and the Court by 12:00 p.m. on October 20, 2020. (See Order) (Ordered by Magistrate Judge David L. Horan on 10/14/2020) (mcrd)
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Legal Document (Payment Possibly Required) 88 Filed: 10/9/2020, Entered: 10/9/2020
Joint STATUS REPORT filed by DE89B10. (Welmaker, Douglas)
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Blank 87 Filed: 10/1/2020, Entered: 10/1/2020 Court Filing
ELECTRONIC ORDER granting 86 the parties' Emergency Motion to Continue Hearing and continuing the hearing set for October 2, 2020. The parties' counsel are directed to confer by telephone and to then, by October 9, 2020, file a joint report advising the Court of (1) all dates up to and including November 5, 2020 on which counsel and the parties and their witnesses will be available for a rescheduled VTC hearing and (2) of any objections by a party to the witness(es) and exhibit(s) that the other party proposes offer at the hearing. (Ordered by Magistrate Judge David L. Horan on 10/1/2020.)
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Legal Document (Payment Possibly Required) 86 Filed: 10/1/2020, Entered: 10/1/2020
Emergency MOTION to Continue Hearing filed by DE89B10 (Welmaker, Douglas)
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Blank 85 Filed: 8/26/2020, Entered: 8/26/2020 Court Filing
ELECTRONIC ORDER: VTC Evidentiary Hearing RESET to 10/2/2020 09:30 AM before Magistrate Judge David L. Horan. (Ordered by Magistrate Judge David L. Horan on 8/26/2020) (mcrd)
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Legal Document (Payment Possibly Required) 84 Filed: 8/3/2020, Entered: 8/3/2020 Court Filing
ORDER granting 83 Motion to Withdraw Motion for Leave to Depose R. David Weaver. Plaintiff's Motion for Leave to Depose R. David Weaver is hereby WITHDRAWN. (Ordered by Senior Judge Sam R Cummings on 8/3/2020) (axm)
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Legal Document (Payment Possibly Required) 83 Filed: 7/28/2020, Entered: 7/28/2020
MOTION Withdraw Motion for Leave to Depose R. David Weaver re 82 MOTION For Leave to Depose R. David Weaver filed by DE89B10 (Attachments: # 1 Exhibit(s) A) (Welmaker, Douglas)
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Legal Document (Payment Possibly Required) 82 Filed: 7/9/2020, Entered: 7/9/2020
***WITHDRAWN PER 84 ORDER*** MOTION For Leave to Depose R. David Weaver filed by DE89B10 (Welmaker, Douglas) Modified on 8/3/2020 (axm).
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Legal Document (Payment Possibly Required) 81 Filed: 6/18/2020, Entered: 6/18/2020 Court Filing
ORDER granting 80 Plaintiff's Motion to Continue. (Ordered by Magistrate Judge David L. Horan on 6/18/2020) (mcrd)
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Legal Document (Payment Possibly Required) 80 Filed: 6/18/2020, Entered: 6/18/2020
Unopposed MOTION to Continue Hearing filed by DE89B10 (Welmaker, Douglas)
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Blank 79 Filed: 6/11/2020, Entered: 6/11/2020 Court Filing
ELECTRONIC ORDER: (VTC) Evidentiary Hearing set for 6/24/2020 01:30 PM before Magistrate Judge David L. Horan. (Ordered by Magistrate Judge David L. Horan on 6/11/2020) (mcrd)
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Legal Document (Payment Possibly Required) 78 Filed: 6/8/2020, Entered: 6/8/2020 Court Filing
ORDER: The Court hereby REFERS this civil action to the Honorable David L. Horan, United States Magistrate Judge, for the sole purpose of conducting an evidentiary hearing. Upon the conclusion of said hearing, the Court directs the United States Magistrate Judge to enter his Findings, Conclusions and Recommendation, which will then be considered by the undersigned Senior United Stales District Judge. (Ordered by Senior Judge Sam R Cummings on 6/8/2020) (aaa)
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Legal Document (Payment Possibly Required) 77 Filed: 6/4/2020, Entered: 6/4/2020
MOTION for Hearing re 75 Opinion of USCA filed by DE89B10 (Welmaker, Douglas)
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Legal Document (Payment Possibly Required) 76 Filed: 3/27/2020, Entered: 3/30/2020
JUDGMENT/MANDATE of USCA as to 73 Notice of Appeal filed by Abundant Home Health LLC. It is ordered and adjudged that the judgment of the District Court is reversed and remanded to the District Court for further proceedings in accordance with the opinion of this Court. Issued as Mandate: 3/27/20. (svc)
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Legal Document (Payment Possibly Required) 75 Filed: 3/27/2020, Entered: 3/30/2020
Opinion of USCA in accordance with USCA judgment re 73 Notice of Appeal,filed by Abundant Home Health LLC. REVERSE andREMAND for an evidentiary hearing consistent with this opinion. (svc)
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Blank  Filed: 5/30/2019, Entered: 5/30/2019
Record on Appeal for USCA5 19-10537 (related to 73 appeal): Record consisting of: 2 ECF electronic record on appeal (eROA) is certified,. PLEASE NOTE THE FOLLOWING: Licensed attorneys must have filed an appearance in the USCA5 case and be registered for electronic filing in the USCA5 to access the paginated eROA in the USCA5 ECF system. (Take these steps immediately if you have not already done so. Once you have filed the notice of appearance and/or USCA5 ECF registration, it may take up to 3 business days for the circuit to notify the district clerk that we may grant you access to the eROA in the USCA5 ECF system.) To access the paginated record, log in to the USCA5 ECF system, and under the Utilities menu, select Electronic Record on Appeal. Pro se litigants may request a copy of the record by contacting the appeals deputy in advance to arrange delivery. (svc)
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Blank  Filed: 5/14/2019, Entered: 5/14/2019
USCA Case Number 19-10537 in USCA5 for 73 Notice of Appeal filed by Abundant Home Health LLC. (svc)
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Legal Document (Payment Possibly Required) 74 Filed: 5/13/2019, Entered: 5/13/2019 Court Filing
ORDER STAYING CASE: The Court hereby ORDERS that the above-styled and -numbered civil action be STAYED pending resolution of the interlocutory appeal. Further, the Court sua sponte ORDERS that the trial setting of 8/19/2019, be VACATED. The Court shall reinstate this civil action on the Court's trial docket in due course. (Ordered by Senior Judge Sam R Cummings on 5/13/2019) (epm)
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Legal Document (Payment Possibly Required) 73 Filed: 5/9/2019, Entered: 5/9/2019
NOTICE OF INTERLOCUTORY APPEAL as to 72 Judgment,, Add and Terminate Parties, to the Fifth Circuit by Abundant Home Health LLC. Filing fee $505, receipt number 0539-9977375. T.O. form to appellant electronically at Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (Harry, Peter)
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Legal Document (Payment Possibly Required) 72 Filed: 4/10/2019, Entered: 4/10/2019 Court Filing
***VACATED PER 103 ORDER.*** JUDGMENT PURSUANT TO RULE 54(b): Plaintiff DE89B10 and Defendant Abundant Home Health LLC entered into a valid and legally binding settlement agreement on 12/15/2017. This judgment shall be a final judgment pursuant to Federal Rules of Civil Procedure 54(b) as to the claims asserted by Plaintiff against Defendant Abundant Home Health LLC. (Ordered by Senior Judge Sam R Cummings on 4/10/2019) (zkc) Modified on 2/23/2021 (jmg).
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Legal Document (Payment Possibly Required) 71 Filed: 4/10/2019, Entered: 4/10/2019 Court Filing
ORDER denying Defendant Abundant Home Health LLC's 62 Motion for New Trial. This civil action is set for trial on 8/19/2019 09:00 AM before Senior Judge Sam R Cummings, as to the claims asserted against individual Defendants 7DE58BC and 5562E38. (Ordered by Senior Judge Sam R Cummings on 4/10/2019) (zkc)
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Legal Document (Payment Possibly Required) 70 Filed: 4/4/2019, Entered: 4/4/2019
Sur-reply filed by DE89B10 re: 62 MOTION for New Trial and for Relief (ykp)
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Legal Document (Payment Possibly Required) 69 Filed: 4/4/2019, Entered: 4/4/2019 Court Filing
ORDER granting 68 Motion for Leave to File Sur-Reply. (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 4/4/2019) (ykp)
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Legal Document (Payment Possibly Required) 68 Filed: 4/3/2019, Entered: 4/3/2019
Unopposed MOTION for Leave to File Sur-Reply filed by DE89B10 (Attachments: # 1 Exhibit(s) A) (Welmaker, Douglas)
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Legal Document (Payment Possibly Required) 67 Filed: 3/29/2019, Entered: 3/29/2019
DEFENDANT ABUNDANT HOME HEALTH, LLC'S REPLY TO PLAINTIFF'S RESPONSE TO 62 MOTION FOR NEW TRIAL AND FOR RELIEF. (ykp)
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Legal Document (Payment Possibly Required) 66 Filed: 3/29/2019, Entered: 3/29/2019 Court Filing
ORDER granting 65 MOTION for Leave to File Reply to Plaintiff's Response to Defendant's Motion for New Trial and for Relief. (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 3/29/2019) (ykp)
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Legal Document (Payment Possibly Required) 65 Filed: 3/27/2019, Entered: 3/27/2019
MOTION for Leave to File Reply to Plaintiff's Response to Defendant's Motion for New Trial and for Relief filed by Abundant Home Health LLC with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s)) (Harry, Peter)
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Legal Document (Payment Possibly Required) 64 Filed: 3/21/2019, Entered: 3/21/2019
RESPONSE filed by DE89B10 re: 62 MOTION for New Trial and for Relief (Attachments: # 1 Proposed Order) (Welmaker, Douglas)
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Legal Document (Payment Possibly Required) 63 Filed: 2/28/2019, Entered: 2/28/2019
Appendix in Support filed by Abundant Home Health LLC re 62 MOTION for New Trial and for Relief (Attachments: # 1 Declaration(s) A, # 2 Exhibit(s) 1, # 3 Exhibit(s) 2, # 4 Exhibit(s) 3, # 5 Declaration(s) B, # 6 Exhibit(s) 1, # 7 Declaration(s) C, # 8 Exhibit(s) 1, # 9 Exhibit(s) 2) (Harry, Peter)
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Legal Document (Payment Possibly Required) 62 Filed: 2/28/2019, Entered: 2/28/2019
MOTION for New Trial and for Relief filed by Abundant Home Health LLC with Brief/Memorandum in Support. (Harry, Peter)
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Legal Document (Payment Possibly Required) 61 Filed: 2/5/2019, Entered: 2/5/2019 Court Filing
ORDER granting in part 55 Motion for New Trial. Plaintiff is directed to file papers necessary to dismiss both individual Defendants upon receipt of the settlement funds. Further, the Court ORDERS that Plaintiff's 52 Motion for Attorney Fees be DENIED AS MOOT. In the event that Abundant Homes Health, LLC fails to pay the settlement amount in accordance with the Court's proposed deadline contained in the Court's order of even date, the Court will set the above-styled and -numbered civil action for trial as to the individual Defendant at a date to be determined later. (Ordered by Senior Judge Sam R Cummings on 2/5/2019) (axm)
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Legal Document (Payment Possibly Required) 60 Filed: 2/5/2019, Entered: 2/5/2019 Court Filing
ORDER granting in part and denying in part 53 First Amended Motion to Enforce the Settlement Agreement between the Parties. The Court ORDERED that the terms of the parties' original settlement agreement, as set forth in Attachment 12 of Plaintiff's Appendix, bind Plaintiff DE89B10 and Abundant Home Health, LLC. It is further ORDERED, that the Court's 10/15/2018 Order and Final Judgment be VACATED. (Ordered by Senior Judge Sam R Cummings on 2/5/2019) (axm)
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Legal Document (Payment Possibly Required) 59 Filed: 11/30/2018, Entered: 11/30/2018
REPLY filed by DE89B10 re: 53 MOTION First Amended Motion to Enforce Settlement Agreement (Welmaker, Douglas)
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Legal Document (Payment Possibly Required) 58 Filed: 11/30/2018, Entered: 11/30/2018
RESPONSE filed by DE89B10 re: 55 MOTION for New Trial (Welmaker, Douglas)
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Legal Document (Payment Possibly Required) 57 Filed: 11/23/2018, Entered: 11/23/2018
AFFIDAVIT re 55 MOTION for New Trial by DE89B10. (Welmaker, Douglas)
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Legal Document (Payment Possibly Required) 56 Filed: 11/16/2018, Entered: 11/16/2018
RESPONSE filed by Abundant Home Health LLC, 5562E38, 7DE58BC re: 53 MOTION First Amended Motion to Enforce Settlement Agreement (Harry, Peter)
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Legal Document (Payment Possibly Required) 55 Filed: 11/9/2018, Entered: 11/9/2018
MOTION for New Trial filed by Abundant Home Health LLC, 5562E38, 7DE58BC with Brief/Memorandum in Support. (Harry, Peter)
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Legal Document (Payment Possibly Required) 54 Filed: 11/2/2018, Entered: 11/2/2018
Appendix in Support filed by DE89B10 re 53 MOTION First Amended Motion to Enforce Settlement Agreement (Welmaker, Douglas)
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Legal Document (Payment Possibly Required) 53 Filed: 11/2/2018, Entered: 11/2/2018
MOTION First Amended Motion to Enforce Settlement Agreement filed by DE89B10 with Brief/Memorandum in Support. (Welmaker, Douglas)
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Legal Document (Payment Possibly Required) 52 Filed: 10/29/2018, Entered: 10/29/2018
MOTION for Attorney Fees filed by DE89B10 (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Att. 1 to Exh. B, # 4 Att. 2 to Exh. B, # 5 Att. 3 to Exh. B, # 6 Exhibit(s) C) (Welmaker, Douglas)
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Legal Document (Payment Possibly Required) 51 Filed: 10/15/2018, Entered: 10/15/2018 Court Filing
***VACATED PER 60 ORDER*** FINAL JUDGMENT: In accordance with the Court's Order of even date, the Parties entered into a settlement agreement on November 30, 2017. Having found the Parties settled all claims in the above-styled and -numbered civil action, the Court hereby enters Final Judgment. (Ordered by Senior Judge Sam R Cummings on 10/15/2018) (ndt) Modified on 2/5/2019 (axm).
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Legal Document (Payment Possibly Required) 50 Filed: 10/15/2018, Entered: 10/15/2018 Court Filing
ORDER granting 47 Motion for Leave to File. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) The Clerk of the Court shall take note Plaintiff's Reply in Support has been docketed as Document 48 . (Ordered by Senior Judge Sam R Cummings on 10/15/2018) (ndt)
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Legal Document (Payment Possibly Required) 49 Filed: 10/15/2018, Entered: 10/15/2018 Court Filing
***VACATED PER 60 ORDER*** ORDER granting 43 Motion Enforce Settlement Agreement, Motion to Enter Judgment, and Motion for Attorney's Fees, should be GRANTED and Final Judgment shall be rendered on even date. The November 5, 2018 trial date is hereby VACATED. (Ordered by Senior Judge Sam R Cummings on 10/15/2018) (ndt) Modified on 2/5/2019 (axm).
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Legal Document (Payment Possibly Required) 48 Filed: 10/11/2018, Entered: 10/11/2018
Appendix in Support filed by DE89B10 re 47 MOTION for Leave to File Reply Brief (Welmaker, Douglas)
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Legal Document (Payment Possibly Required) 47 Filed: 10/10/2018, Entered: 10/10/2018
MOTION for Leave to File Reply Brief filed by DE89B10 (Welmaker, Douglas)
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Legal Document (Payment Possibly Required) 46 Filed: 10/10/2018, Entered: 10/10/2018
Appendix in Support filed by Abundant Home Health LLC, 5562E38, 7DE58BC re 45 Response/Objection to Plaintiff's Motion to Enforce Settlement Agreement (Attachments: # 1 Affidavit(s) Exhibit A, # 2 Exhibit(s) Exhibit 1) (Harry, Peter)
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Legal Document (Payment Possibly Required) 45 Filed: 10/10/2018, Entered: 10/10/2018
RESPONSE filed by Abundant Home Health LLC, 5562E38, 7DE58BC re: 43 MOTION Enforce Settlement Agreement, Motion to Enter Judgment and Motion for Fees and Costs (Harry, Peter)
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Legal Document (Payment Possibly Required) 44 Filed: 10/3/2018, Entered: 10/3/2018 Court Filing
ORDER: The Court, having considered Plaintiff's Motion to Enforce Settlement Agreement, Motion to Enter Judgment, and Motion for Attorney's Fees, hereby ORDERS the Defendants to file a Response to such Motion~ later than by 9:00 a.m. on 10/10/2018. (Ordered by Senior Judge Sam R Cummings on 10/3/2018) (sss)
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Legal Document (Payment Possibly Required) 43 Filed: 9/27/2018, Entered: 9/27/2018
MOTION Enforce Settlement Agreement, Motion to Enter Judgment and Motion for Fees and Costs filed by DE89B10 (Attachments: # 1 Exhibit(s) A, # 2 Proposed Order) (Welmaker, Douglas)
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Legal Document (Payment Possibly Required) 42 Filed: 9/24/2018, Entered: 9/24/2018
Proposed Pretrial Order by both Parties by DE89B10. (Welmaker, Douglas)
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Legal Document (Payment Possibly Required) 41 Filed: 9/24/2018, Entered: 9/24/2018
Plaintiff's Pretrial Disclosures filed by DE89B10. (Welmaker, Douglas)
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Legal Document (Payment Possibly Required) 40 Filed: 9/24/2018, Entered: 9/24/2018
Proposed Jury Instructions filed by Abundant Home Health LLC, 5562E38, 7DE58BC. (Harry, Peter)
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Legal Document (Payment Possibly Required) 39 Filed: 9/24/2018, Entered: 9/24/2018
Defendants' Pretrial Disclosures filed by Abundant Home Health LLC, 5562E38, 7DE58BC. (Harry, Peter)
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Legal Document (Payment Possibly Required) 38 Filed: 9/24/2018, Entered: 9/24/2018
Proposed Jury Charge filed by DE89B10. (Welmaker, Douglas)
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Legal Document (Payment Possibly Required) 37 Filed: 7/23/2018, Entered: 7/23/2018 Court Filing
ORDER granting 36 Motion for Extension of Deadline for Pretrial Filings. All pretrial filings required by the Court's 8 Scheduling Order shall now be filed by 9/24/2018. This case remains set for trial at 9:00 a.m. on 11/5/2018. (Ordered by Senior Judge Sam R Cummings on 7/23/2018) (zkc)
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Legal Document (Payment Possibly Required) 36 Filed: 7/18/2018, Entered: 7/18/2018
Joint MOTION to Extend Time For Pretrial Filings filed by DE89B10, Abundant Home Health LLC, 7DE58BC, 5562E38 (Attachments: # 1 Proposed Order) (Welmaker, Douglas) Modified text/filers on 7/18/2018 (dsr).
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Legal Document (Payment Possibly Required) 35 Filed: 4/17/2018, Entered: 4/17/2018 Court Filing
ORDER: The Court, having considered Defendants' 34 Unopposed Motion for Continuance, filed 4/16/2018, is of the opinion that the same should be GRANTED. The above styled and numbered civil action is RESCHEDULED for jury trial at 9:00a.m. on 11/5/2018, in Dallas, Texas. No other deadlines are amended by this Order. (Ordered by Senior Judge Sam R Cummings on 4/17/2018) (sss)
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Legal Document (Payment Possibly Required) 34 Filed: 4/16/2018, Entered: 4/16/2018
Unopposed MOTION to Continue trial setting filed by Abundant Home Health LLC, 5562E38, 7DE58BC (Harry, Peter)
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Legal Document (Payment Possibly Required) 33 Filed: 3/15/2018, Entered: 3/15/2018 Court Filing
ORDER: All pretrial filings required by the Court's 8 Scheduling Order shall be filed by 7/23/2018. Jury Trial reset for 8/13/2018 09:00 AM before Senior Judge Sam R Cummings. (Ordered by Senior Judge Sam R Cummings on 3/15/2018) (epm)
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Legal Document (Payment Possibly Required) 32 Filed: 3/8/2018, Entered: 3/8/2018
NOTICE of Attorney Appearance by Peter J Harry on behalf of Abundant Home Health LLC, 5562E38, 7DE58BC. (Filer confirms contact info in ECF is current.) (Harry, Peter)
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Legal Document (Payment Possibly Required)  Filed: 2/9/2018, Entered: None Unknown Document Type
***Clerk's Notice of delivery: (see NEF for details) Docket No:31. Fri Feb 9 12:36:43 CST 2018 (crt)
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Legal Document (Payment Possibly Required) 31 Filed: 2/9/2018, Entered: 2/9/2018 Court Filing
ORDER granting 30 MOTION to Withdraw as Attorney: Mr. Weaver is WITHDRAWN as counsel of record for Defendants. The Court has reinstated this case on its docket and will soon set a new trial date. Defendants are ORDERED to obtain new counsel as soon as practicable and no later than thirty (30) days from the date of this Order. If counsel for Defendants should fail to enter an appearance by that date, the Court will assume that Defendants 7DE58BC and 5562E38 are proceeding prose. Defendant Abundant Home Health, LLC, however, is a business entity and not may proceed pro se; this Defendant would therefore be found to be in default. (Ordered by Senior Judge Sam R Cummings on 2/9/2018) (sss)
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Legal Document (Payment Possibly Required) 30 Filed: 2/8/2018, Entered: 2/8/2018
Amended MOTION to Withdraw as Attorney filed by Abundant Home Health LLC, 5562E38, 7DE58BC (Weaver, R)
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Legal Document (Payment Possibly Required) 29 Filed: 2/7/2018, Entered: 2/7/2018 Court Filing
ORDER granting 27 Amended Motion to Reinstate Case to Trial Docket; denying as moot 26 Motion to Reinstate Case to Trial Docket. The Court will not immediately reset this case for trial. Instead, having recently denied Mr. Weaver's Motion to Withdraw without prejudice, the Court will wait for an amended motion from Mr. Weaver and will then provide Defendants an opportunity to obtain replacement counsel before setting a new trial date. (Ordered by Senior Judge Sam R Cummings on 2/7/2018) (zkc)
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Legal Document (Payment Possibly Required) 28 Filed: 2/6/2018, Entered: 2/6/2018 Court Filing
ORDER denying without prejudice 25 Motion to Withdraw as Attorney. (Ordered by Senior Judge Sam R Cummings on 2/6/2018) (zkc)
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Legal Document (Payment Possibly Required) 27 Filed: 2/6/2018, Entered: 2/6/2018
Amended MOTION to Reopen Case /Reinstate Case on Trial Docket filed by DE89B10 (Welmaker, Douglas)
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Legal Document (Payment Possibly Required) 26 Filed: 2/6/2018, Entered: 2/6/2018
Unopposed MOTION to Reopen Case /Reinstate Case on Trial Docket filed by DE89B10 (Welmaker, Douglas)
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Legal Document (Payment Possibly Required) 25 Filed: 2/5/2018, Entered: 2/5/2018
MOTION to Withdraw as Attorney filed by Abundant Home Health LLC, 5562E38, 7DE58BC (Weaver, R)
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Legal Document (Payment Possibly Required) 24 Filed: 1/31/2018, Entered: 1/31/2018 Court Filing
ORDER: The Court, having considered the parties' Joint Motion for Extension of Deadline for Dismissal, filed 1/30/2018, is of the opinion that the same should be GRANTED. Counsel in this case are ordered to file the papers necessary to dismiss this action on or before 3/15/2018. (Ordered by Senior Judge Sam R Cummings on 1/31/2018) (sss)
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Legal Document (Payment Possibly Required) 23 Filed: 1/30/2018, Entered: 1/30/2018
Joint MOTION to Extend Time Deadline to File Dismissal Documents filed by DE89B10 (Welmaker, Douglas)
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Legal Document (Payment Possibly Required) 22 Filed: 11/15/2017, Entered: 11/15/2017 Court Filing
Order Dismissing Case. This case is ADMINISTRATIVELY CLOSED without prejudice to its being reopened to enter an order of dismissal or to enter other orders if the settlement is not consummated. Counsel in this case are ordered to file the papers necessary to dismiss this action on or before 60 days from the date of this order. (Ordered by Senior Judge Sam R Cummings on 11/15/2017) (ams)
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Legal Document (Payment Possibly Required) 21 Filed: 11/14/2017, Entered: 11/14/2017
NOTICE of Advisory to the Court Regarding Settlement filed by DE89B10 (Welmaker, Douglas)
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Legal Document (Payment Possibly Required) 20 Filed: 11/13/2017, Entered: 11/13/2017 Court Filing
ORDER VACATING TRIAL SETTING: The trial setting of 12/4/2017 is hereby VACATED. The Court will reset this case for the earliest available trial setting in 2018 and will enter a future ORDER notifying the parties of the new setting. All pretrial filings required by the Court's Scheduling shall now be due twenty-one (21) days before the new trial date. (Ordered by Senior Judge Sam R Cummings on 11/13/2017) (axm)
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Legal Document (Payment Possibly Required) 19 Filed: 10/24/2017, Entered: 10/24/2017 Court Filing
ORDER granting 18 Motion for Jury Trial. (Ordered by Senior Judge Sam R Cummings on 10/24/2017) (epm)
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Legal Document (Payment Possibly Required) 18 Filed: 10/20/2017, Entered: 10/20/2017
MOTION Jury Trial filed by DE89B10 (Welmaker, Douglas)
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Legal Document (Payment Possibly Required) 17 Filed: 10/20/2017, Entered: 10/20/2017
NOTICE of Attorney Appearance by Fernando M Bustos on behalf of DE89B10. (Filer confirms contact info in ECF is current.) (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 16 Filed: 6/14/2017, Entered: 6/14/2017 Court Filing
ORDER DISMISSING PLAINTIFF A9900B9 CLAIMS WITHOUT PREJUDICE: IT IS ORDERED that Plaintiff A9900B9 claims against Defendants are DISMISSED WITHOUT PREJUDICE, with the parties to bear their own costs. (Ordered by Senior Judge Sam R Cummings on 6/14/2017) (rekc)
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Legal Document (Payment Possibly Required)  Filed: 6/13/2017, Entered: None Unknown Document Type
***DISREGARD - ENTERED IN WRONG CASE*** Civil Case Terminated per 9 Joint Stipulation of Dismissal. (rekc) Modified on 6/13/2017 (rekc).
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Legal Document (Payment Possibly Required) 15 Filed: 6/13/2017, Entered: 6/13/2017
Joint STIPULATION OF DISMISSAL Without Prejudice by A9900B9. (Welmaker, Douglas)
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Legal Document (Payment Possibly Required) 14 Filed: 10/17/2016, Entered: 10/17/2016
AMENDED ANSWER to 1 Complaint filed by Abundant Home Health LLC, 5562E38, 7DE58BC. (mem)
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Legal Document (Payment Possibly Required) 13 Filed: 10/17/2016, Entered: 10/17/2016 Court Filing
ORDER granting 12 Motion to Amend/Correct. (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 10/17/2016) (mem)
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Legal Document (Payment Possibly Required) 12 Filed: 10/14/2016, Entered: 10/14/2016
MOTION to Amend/Correct 5 Answer to Complaint, 6 Answer to Complaint, filed by Abundant Home Health LLC, 5562E38, 7DE58BC (Weaver, R)
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Legal Document (Payment Possibly Required) 11 Filed: 9/30/2016, Entered: 9/30/2016
AMENDED COMPLAINT against Abundant Home Health LLC, 5562E38, 7DE58BC filed by DE89B10, A9900B9. 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. (trk)
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Legal Document (Payment Possibly Required) 10 Filed: 9/30/2016, Entered: 9/30/2016 Court Filing
ORDER granting 9 Motion for Leave to File First Amended Complaint. (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 9/30/2016) (trk)
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Legal Document (Payment Possibly Required) 9 Filed: 8/26/2016, Entered: 8/26/2016
MOTION for Leave to File First Amended Complaint filed by DE89B10 (Attachments: # 1 Exhibit(s) A). Attorney Douglas B Welmaker added to party DE89B10 (pty:pla) (Welmaker, Douglas)
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Legal Document (Payment Possibly Required) 8 Filed: 6/15/2016, Entered: 6/15/2016 Court Filing
SCHEDULING ORDER: Joinder of Parties due by 10/14/2016. Amended Pleadings due by 10/14/2016. Motions due by 6/15/2017. Discovery due by 11/13/2017. Trial set for 12/4/2017 09:00 AM before Senior Judge Sam R Cummings. (Ordered by Senior Judge Sam R Cummings on 6/15/2016) (trk)
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Legal Document (Payment Possibly Required) 7 Filed: 6/3/2016, Entered: 6/3/2016
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Abundant Home Health LLC, 5562E38, 7DE58BC. (Weaver, R)
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Legal Document (Payment Possibly Required) 6 Filed: 6/3/2016, Entered: 6/3/2016
ANSWER to 1 Complaint, filed by 5562E38, 7DE58BC. 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. Attorney R David Weaver added to party 5562E38(pty:dft), Attorney R David Weaver added to party 7DE58BC(pty:dft) (Weaver, R)
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Legal Document (Payment Possibly Required) 5 Filed: 6/3/2016, Entered: 6/3/2016
ANSWER to 1 Complaint, filed by Abundant Home Health LLC. 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. Attorney R David Weaver added to party Abundant Home Health LLC(pty:dft) (Weaver, R)
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Legal Document (Payment Possibly Required) 4 Filed: 5/13/2016, Entered: 5/13/2016
Summons Issued as to Abundant Home Health LLC, 5562E38, 7DE58BC. (mem)
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Legal Document (Payment Possibly Required) 3 Filed: 5/13/2016, Entered: 5/13/2016 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 (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (mem)
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Legal Document (Payment Possibly Required) 2 Filed: 5/12/2016, Entered: 5/12/2016
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by DE89B10. (Welmaker, Douglas)
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Legal Document (Payment Possibly Required) 1 Filed: 5/12/2016, Entered: 5/12/2016 Court Filing
COMPLAINT against All Defendants filed by DE89B10. (Filing fee $400; Receipt number 0539-7576821) Clerk to issue summons(es). 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, 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. (Attachments: # 1 Cover Sheet) (Welmaker, Douglas)
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