Winegeart et al v. Construction Equipment Company et al

Federal Civil Lawsuit Texas Northern District Court, Case No. 2:14-cv-00242
District Judge Mary Lou Robinson, presiding
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District Judge Mary Lou Robinson
Last Updated December 29, 2016 at 5:27 PM EST (9.4 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Mary Jane Winegeart, Plaintiff

Represented by lawyersamarillo.com Law Firm Placeholder

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, Bar Status: Admitted/In Good Standing Greg S Freeman +1 806 372 7700 +1 806 373 4068 freeman@lawyersamarillo.com

Represented by Smith Wilson Law Firm PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, Bar Status: Admitted/In Good Standing Mark A Wilson +1 806 372 4120 + 806 372 4501 mark@smithwilsonlaw.com

Represented by The TRACY Firm

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, Bar Status: Admitted/In Good Standing Andrew Counts +1 214 324 9000 +1 972 387 2205 acounts@vehiclesafetyfirm.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED, Bar Status: Admitted/In Good Standing Stewart D Matthews +1 214 324 9000 +1 972 387 2205 smatthews@vehiclesafetyfirm.com
ATTORNEY TO BE NOTICED, Bar Status: Admitted/In Good Standing E Todd Tracy +1 214 324 9000 +1 972 387 2205 ttracy@vehiclesafetyfirm.com
No Logo Nancy Barton, Plaintiff

Represented by Smith Wilson Law Firm PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, Bar Status: Admitted/In Good Standing Mark A Wilson +1 806 372 4120 + 806 372 4501 mark@smithwilsonlaw.com

Represented by The TRACY Firm

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, Bar Status: Admitted/In Good Standing Andrew Counts +1 214 324 9000 +1 972 387 2205 acounts@vehiclesafetyfirm.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED, Bar Status: Admitted/In Good Standing Stewart D Matthews +1 214 324 9000 +1 972 387 2205 smatthews@vehiclesafetyfirm.com
ATTORNEY TO BE NOTICED, Bar Status: Admitted/In Good Standing E Todd Tracy +1 214 324 9000 +1 972 387 2205 ttracy@vehiclesafetyfirm.com
No Logo Vouncia Winegeart, Plaintiff

Represented by lawyersamarillo.com Law Firm Placeholder

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, Bar Status: Admitted/In Good Standing Greg S Freeman +1 806 372 7700 +1 806 373 4068 freeman@lawyersamarillo.com

Represented by Smith Wilson Law Firm PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, Bar Status: Admitted/In Good Standing Mark A Wilson +1 806 372 4120 + 806 372 4501 mark@smithwilsonlaw.com

Represented by The TRACY Firm

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, Bar Status: Admitted/In Good Standing Andrew Counts +1 214 324 9000 +1 972 387 2205 acounts@vehiclesafetyfirm.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED, Bar Status: Admitted/In Good Standing Stewart D Matthews +1 214 324 9000 +1 972 387 2205 smatthews@vehiclesafetyfirm.com
ATTORNEY TO BE NOTICED, Bar Status: Admitted/In Good Standing E Todd Tracy +1 214 324 9000 +1 972 387 2205 ttracy@vehiclesafetyfirm.com
v.
No Logo Construction Equipment Company, Defendant

Represented by Peterson Farris Pruitt & Parker

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED, Bar Status: Admitted/In Good Standing Thomas D Farris +1 806 374 5317 + 806 372 2107 tfarris@pf-lawfirm.com

Represented by Thompson, Coe, Cousins & Irons LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, Bar Status: Admitted/In Good Standing Jessica J Childs +1 214 871 8200 +1 214 871 8209 jchilds@thompsoncoe.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED, Bar Status: Admitted/In Good Standing Randy A Nelson +1 214 871 8228 +1 214 871 8209 rnelson@thompsoncoe.com
No Logo RD Olson MFG Inc, Defendant

Represented by Ray, McChristian & Jeans, P.C.

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED, Bar Status: Admitted/In Good Standing Jeffrey T Lucky +1 915 832 7234 +1 915 832 7333 jlucky@rmjfirm.com
ATTORNEY TO BE NOTICED, Bar Status: Admitted/In Good Standing Jeffrey David Parks +1 817 335 7201 +1 817 335 7335 jparks@rmjfirm.com

Represented by Riney & Mayfield LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, Bar Status: Admitted/In Good Standing Thomas C Riney +1 806 468 3201 + 806 376 4509 triney@rineymayfield.com
Other Parties
No Logo ADR Provider, Mediator

Represented by Splawn Simpson Pitts

Name Phone Fax E-Mail
TERMINATED: 06/29/2015, Bar Status: Admitted/In Good Standing John Elzie Simpson, III +1 806 765 8048 + 806 765 5308 attorney@ssplubbocklaw.com
No Logo Harrison Gypsum, LLC, ThirdParty Defendant
Attributes
Citation Section 28 U.S.C. § 1332
Nature of Suit 365 - Personal Injury: Product Liability
Timeline
  Entries (90) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 90 Filed: 9/14/2015, Entered: None Court Filing
ORDER to File Statement of Stipulated Facts and Agreed Stipulation on Exhibits on or before 9/25/2015. (Ordered by Judge Mary Lou Robinson on 9/14/2015) (djs) (Entered: 09/14/2015)
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Legal Document (Payment Possibly Required) 89 Filed: 9/10/2015, Entered: None Court Filing
ORDER denying 85 Motion for Reconsideration (Ordered by Judge Mary Lou Robinson on 9/10/2015) (nxm) (Entered: 09/10/2015)
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Legal Document (Payment Possibly Required) 88 Filed: 9/10/2015, Entered: None Court Filing
ORDER granting in part and denying in part 47 MOTION to Compel Allied Settlement Documents (Ordered by Judge Mary Lou Robinson on 9/10/2015) (nxm) (Entered: 09/10/2015)
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Legal Document (Payment Possibly Required) 87 Filed: 9/9/2015, Entered: None Court Filing
PRETRIAL NOTICE AND ORDER: Docket Call set for 10/5/2015 09:30 AM before Judge Mary Lou Robinson. Jury Trial set for 10/6/2015 09:00 AM before Judge Mary Lou Robinson. Pretrial Order due by 9/18/2015. (Ordered by Judge Mary Lou Robinson on 9/9/2015) (nxm) (Entered: 09/09/2015)
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Legal Document (Payment Possibly Required) 86 Filed: 8/21/2015, Entered: None Court Filing
ORDER denying 64 MOTION strike opinions of Plaintiffs' expert (Ordered by Judge Mary Lou Robinson on 8/21/2015) (nxm) (Entered: 08/21/2015)
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Legal Document (Payment Possibly Required) 85 Filed: 8/13/2015, Entered: None
MOTION for Reconsideration re 83 Order on Motion for Summary Judgment, filed by RD Olson MFG Inc with Brief/Memorandum in Support. (Parks, Jeffrey) (Entered: 08/13/2015)
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Legal Document (Payment Possibly Required) 84 Filed: 8/11/2015, Entered: None Court Filing
ORDER GRANTING DEFENDANTS' MOTION TO DESIGNATE ALLIED CUSTOM GYPSUM, INC. AS A RESPONSIBLE THIRD PARTY OR, ALTERNATIVELY, AS A SETTLING PERSON UNDER TEXAS CIV. PRAC. REM. CODE § 33.004 re: 48 Motion to Designate Allied as Responsible Third Party. IT IS THEREFORE ORDERED that Defendants' Motion to Designate Allied Custom Gypsum, Inc. as a Responsible Third Party is GRANTED. IT IS FURTHER ORDERED that Harrison Gypsum, LLC, also known as Allied Custom Gypsum, Inc. is hereby designated as a responsible third party in this matter. (Ordered by Judge Mary Lou Robinson on 8/11/2015) (awc) (Entered: 08/11/2015)
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Legal Document (Payment Possibly Required) 83 Filed: 8/11/2015, Entered: None Court Filing
ORDER DENYING IN PART AND GRANTING IN PART DEFENDANT R.D. OLSON MANUFACTURING'S MOTION FOR SUMMARY JUDGMENT re: 55 Motion for Summary Judgment. Plaintiffs having agreed to summary judgment on their manufacturing defect claim, that claim is hereby dismissed with prejudice. There existing genuine issues of material fact relevant to each of the remaining claims, the balance of Defendant's motion is denied. (Ordered by Judge Mary Lou Robinson on 8/11/2015) (awc) (Entered: 08/11/2015)
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Legal Document (Payment Possibly Required) 82 Filed: 8/10/2015, Entered: None
OBJECTION filed by RD Olson MFG Inc re: 73 Designation of Deposition (Parks, Jeffrey) (Entered: 08/10/2015)
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Legal Document (Payment Possibly Required) 81 Filed: 8/10/2015, Entered: None
OBJECTION filed by RD Olson MFG Inc re: 71 Witness List (Parks, Jeffrey) (Entered: 08/10/2015)
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Legal Document (Payment Possibly Required) 80 Filed: 8/10/2015, Entered: None
OBJECTION filed by RD Olson MFG Inc re: 72 Exhibit List (Parks, Jeffrey) (Entered: 08/10/2015)
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Legal Document (Payment Possibly Required) 79 Filed: 8/10/2015, Entered: None
OBJECTION filed by Construction Equipment Company re: 72 Exhibit List (Farris, Thomas) (Entered: 08/10/2015)
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Legal Document (Payment Possibly Required) 78 Filed: 8/10/2015, Entered: None
First MOTION in Limine filed by Nancy Barton, Mary Jane Winegeart, Vouncia Winegeart with Brief/Memorandum in Support. (Matthews, Stewart) (Entered: 08/10/2015)
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Legal Document (Payment Possibly Required) 77 Filed: 8/10/2015, Entered: None
OBJECTION filed by Nancy Barton, Mary Jane Winegeart, Vouncia Winegeart re: 75 Pretrial Disclosures, 74 Pretrial Disclosures (Matthews, Stewart) (Entered: 08/10/2015)
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Legal Document (Payment Possibly Required) 76 Filed: 8/10/2015, Entered: None
OBJECTION filed by Nancy Barton, Mary Jane Winegeart, Vouncia Winegeart re: 75 Pretrial Disclosures, 74 Pretrial Disclosures (Matthews, Stewart) (Entered: 08/10/2015)
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Legal Document (Payment Possibly Required) 75 Filed: 7/27/2015, Entered: None
Rule 26(a)(3) Pretrial Disclosures filed by Construction Equipment Company. (Farris, Thomas) (Entered: 07/27/2015)
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Legal Document (Payment Possibly Required) 74 Filed: 7/27/2015, Entered: None
Pretrial Disclosures filed by RD Olson MFG Inc. (Parks, Jeffrey) (Entered: 07/27/2015)
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Legal Document (Payment Possibly Required) 73 Filed: 7/27/2015, Entered: None
Designation of Deposition by Nancy Barton, Mary Jane Winegeart, Vouncia Winegeart. (Matthews, Stewart) (Entered: 07/27/2015)
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Legal Document (Payment Possibly Required) 72 Filed: 7/27/2015, Entered: None
Exhibit List by Nancy Barton, Mary Jane Winegeart, Vouncia Winegeart. (Matthews, Stewart) (Entered: 07/27/2015)
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Legal Document (Payment Possibly Required) 71 Filed: 7/27/2015, Entered: None
Witness List by Nancy Barton, Mary Jane Winegeart, Vouncia Winegeart. (Matthews, Stewart) (Entered: 07/27/2015)
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Legal Document (Payment Possibly Required) 70 Filed: 7/27/2015, Entered: None
Appendix in Support filed by Nancy Barton, Mary Jane Winegeart, Vouncia Winegeart re 69 Brief/Memorandum in Support of Motion, 68 Response/Objection (Attachments: # 1 Appendix B, # 2 Appendix C1, # 3 Apendix C2, # 4 Appendix C3, # 5 Appendix C4, # 6 Appendix C5, # 7 Appendix C6, # 8 Appendix C7, # 9 Appendix D) (Matthews, Stewart) (Entered: 07/27/2015)
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Legal Document (Payment Possibly Required) 69 Filed: 7/27/2015, Entered: None
Brief/Memorandum in Support filed by Nancy Barton, Mary Jane Winegeart, Vouncia Winegeart re 68 Response/Objection (Matthews, Stewart) (Entered: 07/27/2015)
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Legal Document (Payment Possibly Required) 68 Filed: 7/27/2015, Entered: None
RESPONSE filed by Nancy Barton, Mary Jane Winegeart, Vouncia Winegeart re: 64 MOTION strike opinions of Plaintiffs' expert re 24 Notice (Other) (Matthews, Stewart) (Entered: 07/27/2015)
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Legal Document (Payment Possibly Required) 67 Filed: 7/16/2015, Entered: None
REPLY filed by RD Olson MFG Inc re: 55 MOTION for Summary Judgment (Parks, Jeffrey) (Entered: 07/16/2015)
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Legal Document (Payment Possibly Required) 66 Filed: 7/14/2015, Entered: None
NOTICE of Trial Dates filed by Nancy Barton, Mary Jane Winegeart, Vouncia Winegeart (Matthews, Stewart) (Entered: 07/14/2015)
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Legal Document (Payment Possibly Required) 65 Filed: 7/7/2015, Entered: None
Supplemental Document - Certificate of Conference - by Construction Equipment Company as to 64 MOTION strike opinions of Plaintiffs' expert re 24 Notice (Other) . (Farris, Thomas) Modified title on 7/8/2015 (awc). (Entered: 07/07/2015)
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Legal Document (Payment Possibly Required) 64 Filed: 7/6/2015, Entered: None
MOTION strike opinions of Plaintiffs' expert re 24 Notice (Other) filed by Construction Equipment Company with Brief/Memorandum in Support. (Farris, Thomas) (Entered: 07/06/2015)
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Sealed Legal Document 63 Filed: 7/6/2015, Entered: None
(Document Restricted) Sealed Appendix in Support re: 62 Brief/Memorandum in Support of Motion (Sealed pursuant to order dated 3/19/2015) filed by Mary Jane Winegeart, Vouncia Winegeart (Attachments: # 1 Additional Page(s) Appendix numbers 62-151, # 2 Additional Page(s) Appendix numbers 152-183, # 3 Additional Page(s) Appendix numbers 184-279, # 4 Additional Page(s) Appendix numbers 280-376) (Matthews, Stewart) (Entered: 07/06/2015)
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Legal Document (Payment Possibly Required) 62 Filed: 7/6/2015, Entered: None
Brief/Memorandum in Support filed by Mary Jane Winegeart, Vouncia Winegeart re 61 Response/Objection (Matthews, Stewart) (Entered: 07/06/2015)
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Legal Document (Payment Possibly Required) 61 Filed: 7/6/2015, Entered: None
RESPONSE filed by Mary Jane Winegeart, Vouncia Winegeart re: 55 MOTION for Summary Judgment (Matthews, Stewart) (Entered: 07/06/2015)
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Legal Document (Payment Possibly Required) 60 Filed: 6/26/2015, Entered: None
Alternative Dispute Resolution Summary filed by John E Simpson. Attorneys in Attendance: Stewart Matthews, Tom Farris, Jeff Lucky. Prv Fee: $ $2030.00. Outcome of ADR: Parties were unable to reach a settlement. (Simpson, John) Modified attorneys' names on 6/29/2015 (awc). (Entered: 06/26/2015)
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Legal Document (Payment Possibly Required) 59 Filed: 6/16/2015, Entered: None Court Filing
ORDER GRANTING MOTION TO WITHDRAW AND VACATING HEARING, re: 58 Motion to Withdraw 39 MOTION for Protective Order and MOTION for Sanctions filed by Nancy Barton, Mary Jane Winegeart, Vouncia Winegeart. The Motion/Notice is GRANTED and the hearing on the motion previously set for Wednesday, June 17, 2015 at 2:30 p.m., in the First Floor Courtroom, United States Courthouse, 205 S.E. Fifth Avenue, Amarillo, Texas is hereby VACATED. (Ordered by Magistrate Judge Clinton E Averitte on 6/16/2015) (daa) (Entered: 06/16/2015)
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Legal Document (Payment Possibly Required) 58 Filed: 6/15/2015, Entered: None
MOTION to Withdraw 39 MOTION for Protective Order MOTION for Sanctions filed by Nancy Barton, Mary Jane Winegeart, Vouncia Winegeart with Brief/Memorandum in Support. (Matthews, Stewart) (Entered: 06/15/2015)
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Legal Document (Payment Possibly Required) 57 Filed: 6/15/2015, Entered: None
Appendix in Support filed by RD Olson MFG Inc re 55 MOTION for Summary Judgment , 56 Brief/Memorandum in Support of Motion (Parks, Jeffrey) (Entered: 06/15/2015)
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Legal Document (Payment Possibly Required) 56 Filed: 6/15/2015, Entered: None
Brief/Memorandum in Support filed by RD Olson MFG Inc re 55 MOTION for Summary Judgment (Parks, Jeffrey) (Entered: 06/15/2015)
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Legal Document (Payment Possibly Required) 55 Filed: 6/15/2015, Entered: None
MOTION for Summary Judgment filed by RD Olson MFG Inc (Parks, Jeffrey) (Entered: 06/15/2015)
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Legal Document (Payment Possibly Required) 54 Filed: 6/12/2015, Entered: None
Joint STATUS REPORT Re: Plainitffs' Motion for Protective Order and Sanctions filed by Nancy Barton, Construction Equipment Company, Mary Jane Winegeart, Vouncia Winegeart. (Matthews, Stewart) (Entered: 06/12/2015)
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Legal Document (Payment Possibly Required) 53 Filed: 6/9/2015, Entered: None Court Filing
ORDER SETTING HEARING: The hearing on the motion is set for Wednesday, June 17, 2015 at 2:30p.m., in the First Floor Courtroom, United States Courthouse, 205 S.E. Fifth Avenue, Amarillo, Texas. (Ordered by Magistrate Judge Clinton E Averitte on 6/9/2015) (nxm) (Entered: 06/09/2015)
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Legal Document (Payment Possibly Required) 52 Filed: 5/21/2015, Entered: None Court Filing
ORDER granting 51 Motion to Extend Time Mediation Deadline. IT IS, THEREFORE, ORDERED that the new mediation deadline in this matter isThursday, June 25, 2015. (Ordered by Judge Mary Lou Robinson on 5/21/2015) (nxm) (Entered: 05/21/2015)
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Legal Document (Payment Possibly Required) 51 Filed: 5/21/2015, Entered: None
Unopposed MOTION to Extend Time mediation deadline filed by Construction Equipment Company (Farris, Thomas) (Entered: 05/21/2015)
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Legal Document (Payment Possibly Required) 50 Filed: 5/18/2015, Entered: None
RESPONSE filed by RD Olson MFG Inc re: 39 MOTION for Protective Order (Parks, Jeffrey) (Entered: 05/18/2015)
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Legal Document (Payment Possibly Required) 49 Filed: 5/18/2015, Entered: None
RESPONSE filed by Construction Equipment Company re: 39 MOTION for Protective Order (Farris, Thomas) (Entered: 05/18/2015)
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Legal Document (Payment Possibly Required) 48 Filed: 5/14/2015, Entered: None
MOTION Motion to Designate Allied as Responsible Third Party filed by Construction Equipment Company, RD Olson MFG Inc with Brief/Memorandum in Support. (Parks, Jeffrey) (Entered: 05/14/2015)
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Legal Document (Payment Possibly Required) 47 Filed: 5/13/2015, Entered: None
MOTION to Compel Allied Settlement Documents filed by Construction Equipment Company, RD Olson MFG Inc with Brief/Memorandum in Support. (Parks, Jeffrey) (Entered: 05/13/2015)
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Legal Document (Payment Possibly Required) 46 Filed: 5/12/2015, Entered: None Court Filing
ORDER ON MOTION TO EXTEND SUMMARY JUDGMENT DEADLINE: The new deadline for all parties to file motions for summary judgment is June 15, 2015. (Ordered by Judge Mary Lou Robinson on 5/12/2015) (nxm) (Entered: 05/12/2015)
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Legal Document (Payment Possibly Required) 45 Filed: 5/8/2015, Entered: None Court Filing
ORDER TO REPLY -- Defendants shall file their reply to plaintiffs' motion on or before 5/18/2015 re: 39 MOTION for Protective Order. (Ordered by Magistrate Judge Clinton E Averitte on 5/8/2015) (awc) (Entered: 05/08/2015)
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Legal Document (Payment Possibly Required) 44 Filed: 5/8/2015, Entered: None
ANSWER to 37 Amended Complaint,, with Jury Demand filed by Construction Equipment Company. 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. (Farris, Thomas) (Entered: 05/08/2015)
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Legal Document (Payment Possibly Required) 43 Filed: 5/8/2015, Entered: None
ANSWER to 37 Amended Complaint,, with Jury Demand filed by RD Olson MFG Inc. 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. (Parks, Jeffrey) (Entered: 05/08/2015)
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Legal Document (Payment Possibly Required) 42 Filed: 5/6/2015, Entered: None Court Filing
ORDER OF REFERRAL re: 39 MOTION for Protective Order referred to Magistrate Judge Clinton E Averitte. (Ordered by Judge Mary Lou Robinson on 5/6/2015) (nxm) (Entered: 05/06/2015)
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Legal Document (Payment Possibly Required) 41 Filed: 5/6/2015, Entered: None
Unopposed MOTION for Extension of Time to File Summary Judgment Motions filed by RD Olson MFG Inc (Attachments: # 1 Proposed Order) (Parks, Jeffrey) (Entered: 05/06/2015)
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Sealed Legal Document 40 Filed: 5/4/2015, Entered: None
(Document Restricted) Exhibit F - Sealed Deposition of Jimmy Mitchell related to Doc # 39 (Sealed pursuant to order dated 3/19/2015) filed by Nancy Barton, Mary Jane Winegeart, Vouncia Winegeart (Matthews, Stewart) (Entered: 05/04/2015)
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Blank 39 Filed: 5/4/2015, Entered: None
MOTION for Protective Order and MOTION for Sanctions filed by Nancy Barton, Mary Jane Winegeart, Vouncia Winegeart with Brief/Memorandum in Support. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F - sep filing confidential, # 7 Exhibit G) (Matthews, Stewart) Modified text on 5/5/2015 (daa). Added MOTION for Sanctions and modified title on 5/19/2015 (awc). (Entered: 05/04/2015)
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Legal Document (Payment Possibly Required) 38 Filed: 4/30/2015, Entered: None
NOTICE of Plaintiffs' Notice of Service Plaintiffs' Expert Reports filed by Nancy Barton, Mary Jane Winegeart, Vouncia Winegeart (Matthews, Stewart) (Entered: 04/30/2015)
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Legal Document (Payment Possibly Required) 37 Filed: 4/27/2015, Entered: None
AMENDED COMPLAINT WITH JURY DEMAND First Amended against All Defendants filed by Mary Jane Winegeart, Vouncia Winegeart, Nancy Barton. 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. (Matthews, Stewart) (Entered: 04/27/2015)
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Legal Document (Payment Possibly Required) 36 Filed: 4/27/2015, Entered: None Court Filing
ORDER GRANTING MOTION FOR LEAVE TO AMEND COMPLAINT: Plaintiffs are to promptly electronically file their first amended complaint. (Ordered by Judge Mary Lou Robinson on 4/27/2015) (nxm) (Entered: 04/27/2015)
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Legal Document (Payment Possibly Required) 35 Filed: 4/24/2015, Entered: None
MOTION for Leave to File Plaintiffs' First Amended Complaint filed by Nancy Barton, Mary Jane Winegeart, Vouncia Winegeart with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) Plaintiffs' First Amended Complaint, # 2 Proposed Order) (Matthews, Stewart) (Entered: 04/24/2015)
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Legal Document (Payment Possibly Required) 34 Filed: 4/13/2015, Entered: None
Notice of Correction of Signature Omission, correcting signature omission in 33 Status Report filed by Nancy Barton, Construction Equipment Company, RD Olson MFG Inc, Mary Jane Winegeart, Vouncia Winegeart. (Lucky, Jeffrey) (Entered: 04/13/2015)
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Legal Document (Payment Possibly Required) 33 Filed: 4/10/2015, Entered: None
STATUS REPORT Regarding Mediation filed by Nancy Barton, Construction Equipment Company, RD Olson MFG Inc, Mary Jane Winegeart, Vouncia Winegeart. (Parks, Jeffrey) (Entered: 04/10/2015)
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Legal Document (Payment Possibly Required) 32 Filed: 3/23/2015, Entered: None
Designation of Experts by Construction Equipment Company. (Farris, Thomas) (Entered: 03/23/2015)
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Legal Document (Payment Possibly Required) 31 Filed: 3/23/2015, Entered: None
Designation of Expert Witnesses by RD Olson MFG Inc. (Parks, Jeffrey) Modified text on 3/24/2015 (daa). (Entered: 03/23/2015)
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Legal Document (Payment Possibly Required) 30 Filed: 3/19/2015, Entered: None Court Filing
STIPULATED PROTECTIVE ORDER (Ordered by Judge Mary Lou Robinson on 3/19/2015) (chmb) (Entered: 03/19/2015)
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Legal Document (Payment Possibly Required) 29 Filed: 3/18/2015, Entered: None Court Filing
ORDER REFERRING CASE TO NON-BINDING MEDIATION: The parties are to select or designate a mediator. It is the order of the Court that on or before April 10, 2015, the parties in this case tender to the Clerk of the Court, a written document indicating an agreed time, date and place for mediation. The parties shall meet prior to mediation for the purposes of settling this case and, after this meeting, tender to the Clerk of the Court for filing on or before April 10, 2015, a joint settlement conference status report. Alternative Dispute Resolution Summary form provided electronically or by US Mail as appropriate. Deadline for mediation is on or before 6/15/2015. (Ordered by Judge Mary Lou Robinson on 3/18/2015) (nxm) Modified text on 3/19/2015 (nxm). (Entered: 03/18/2015)
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Legal Document (Payment Possibly Required) 28 Filed: 3/18/2015, Entered: None
Notice of Correction of Signature Omission, correcting signature omission in 27 Status Report filed by Mary Jane Winegeart. (Matthews, Stewart) (Entered: 03/18/2015)
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Legal Document (Payment Possibly Required) 27 Filed: 3/17/2015, Entered: None
STATUS REPORT Regarding Mediation filed by Nancy Barton, Construction Equipment Company, RD Olson MFG Inc, Mary Jane Winegeart, Vouncia Winegeart. (Parks, Jeffrey) (Entered: 03/17/2015)
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Legal Document (Payment Possibly Required) 26 Filed: 3/11/2015, Entered: None Court Filing
ORDER Granting 25 MOTION for Extension of Certain Deadlines. The new deadlines for Plaintiffs providing expert reports and materials is 4/29/2015, and the new deadline for Defendants providing expert reports and materials is 5/20/2015. (Ordered by Judge Mary Lou Robinson on 3/11/2015) (chmb) (Entered: 03/11/2015)
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Legal Document (Payment Possibly Required) 25 Filed: 3/10/2015, Entered: None
Agreed MOTION to Extend Time for Certain Deadlines filed by Mary Jane Winegeart, Nancy Barton, Vouncia Winegeart with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Matthews, Stewart) Modified title & filers on 3/11/2015 (nxm). (Entered: 03/10/2015)
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Legal Document (Payment Possibly Required) 24 Filed: 3/2/2015, Entered: None
NOTICE of Plaintiffs' Notice of Service of Written Designation of Expert Witnesses filed by Nancy Barton, Mary Jane Winegeart, Vouncia Winegeart (Matthews, Stewart) (Entered: 03/02/2015)
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Legal Document (Payment Possibly Required) 23 Filed: 1/14/2015, Entered: None Court Filing
ORDER GRANTING MOTION FOR EXTENSION OF TIME: Plaintiffs are to file their written designations of expert witnesses by March 2, 2015, and are to provide their Rule 26(a)(2) disclosures to Defendants by March 30, 2015. Defendants are to file their written designations of expert witnesses by March 23, 2015, and provide their Rule 26(a)(2) disclosures to Plaintiffs by April 20, 2015. (Ordered by Judge Mary Lou Robinson on 1/14/2015) (nxm) (Entered: 01/14/2015)
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Legal Document (Payment Possibly Required) 22 Filed: 1/2/2015, Entered: None
NOTICE of Rule 26(f) Conference filed by RD Olson MFG Inc (Lucky, Jeffrey) (Entered: 01/02/2015)
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Legal Document (Payment Possibly Required) 21 Filed: 12/29/2014, Entered: None
NOTICE of Attorney Appearance by Thomas C Riney on behalf of RD Olson MFG Inc. (Filer confirms contact info in ECF is current.) (Riney, Thomas) (Entered: 12/29/2014)
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Legal Document (Payment Possibly Required) 20 Filed: 12/12/2014, Entered: None
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Construction Equipment Company. (Farris, Thomas) (Entered: 12/12/2014)
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Legal Document (Payment Possibly Required) 19 Filed: 12/12/2014, Entered: None
ANSWER to 9 Amended Complaint,, with Jury Demand filed by Construction Equipment Company. 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. (Farris, Thomas) (Entered: 12/12/2014)
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Legal Document (Payment Possibly Required) 18 Filed: 12/10/2014, Entered: None
NOTICE of Service of Initial Disclosures filed by Nancy Barton, Mary Jane Winegeart, Vouncia Winegeart (Matthews, Stewart) (Entered: 12/10/2014)
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Legal Document (Payment Possibly Required) 17 Filed: 12/5/2014, Entered: None
ANSWER to 9 Amended Complaint,, with Jury Demand filed by RD Olson MFG Inc. 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. (Lucky, Jeffrey) (Entered: 12/05/2014)
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Legal Document (Payment Possibly Required) 16 Filed: 12/3/2014, Entered: None Court Filing
ORDER Denying 5 Defendant's Motion to Join or Dismiss. Defendant has not shown that any of the three allegedly indispensable non-parties are necessary parties to this action. Defendant's motion is therefore denied without prejudice to the joinder of one or more of the three persons being reurged after discovery directed to their standing, or the lack thereof, to assert wrongful death claims in this product liability lawsuit. (Ordered by Judge Mary Lou Robinson on 12/3/2014) (chmb) (Entered: 12/03/2014)
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Legal Document (Payment Possibly Required) 15 Filed: 12/1/2014, Entered: None Court Filing
ORIGINAL RULE 16 SCHEDULING ORDER: Parties shall be ready for trial by 8/10/2015. Counsel shall file a joint report setting forth the status of settlement negotiations by 3/17/2015. Discovery due by 6/8/2015. Pretrial Materials (designation of expert witnesses) due by 2/9/2015 by parties seeking affirmative relief and due by 3/2/2015 by parties opposing affirmative relief. Joinder of Parties due by 1/20/2015. Amended Pleadings due by 6/1/2015. Motions for summary judgment due by 6/8/2015. All other motions except motions in limine due by 7/6/2015. Rule 26(a)(3) disclosures due by 7/27/2015. (Ordered by Judge Mary Lou Robinson on 12/1/2014) (djs) (Entered: 12/01/2014)
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Legal Document (Payment Possibly Required) 14 Filed: 11/25/2014, Entered: None
STIPULATION And Agreement to Extend Answer Deadline by Nancy Barton, Construction Equipment Company, Mary Jane Winegeart, Vouncia Winegeart. (Nelson, Randy) (Entered: 11/25/2014)
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Legal Document (Payment Possibly Required) 13 Filed: 11/25/2014, Entered: None Court Filing
New Case Notes: A filing fee has been paid. File to Judge Robinson. 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. (nxm) (Entered: 11/25/2014)
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Legal Document (Payment Possibly Required) 12 Filed: 11/25/2014, Entered: None Court Filing
ELECTRONIC ORDER granting in part and denying in part 4 Defendant R.D. Olson MFG, Inc.'s Motion to Dismiss Plaintiffs' Complaint for Improper Venue Pursuant to Fed. R. Civ. P. 12(b)(3), or in the Alternative, to Transfer Venue Pursuant to 28 U.S.C. § 1404(a). This action stems from an accident in Wheeler County, Texas. That county lies within the territorial confines of the Amarillo Division of the Northern District of Texas. See 28 U.S.C. § 124(a)(5). Plaintiff does not oppose the motion to the extent Defendant seeks to transfer the action. For the convenience of the parties and in the interests of justice, the Court hereby transfers this action to the United States District Court for the Northern District of Texas, Amarillo Division pursuant to 28 U.S.C. § 1404(a). The Court otherwise denies the motion. As argued by Plaintiffs in their response to the motion, venue properly lies in any district in the Northern District of Texas because a substantial part of the events or omissions giving rise to this action occurred in Wheeler County. See 28 U.S.C. § 1391(b)(2). Case transferred to the Amarillo Division of the Northern District of Texas. (Ordered by Chief Judge Jorge A Solis on 11/25/2014) (chmb) (Entered: 11/25/2014)
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Legal Document (Payment Possibly Required) 11 Filed: 11/24/2014, Entered: None
RESPONSE filed by Nancy Barton re: 5 MOTION to Join MOTION to Dismiss for Lack of Jurisdiction (Attachments: # 1 Proposed Order) (Matthews, Stewart) (Entered: 11/24/2014)
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Legal Document (Payment Possibly Required) 10 Filed: 11/24/2014, Entered: None
RESPONSE filed by Nancy Barton re: 4 MOTION to Dismiss for Lack of Jurisdiction MOTION to Transfer Case out of District/Division (Attachments: # 1 Proposed Order) (Matthews, Stewart) (Entered: 11/24/2014)
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Legal Document (Payment Possibly Required) 9 Filed: 11/21/2014, Entered: None
AMENDED COMPLAINT WITH JURY DEMAND against All Defendants filed by Nancy Barton. 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. (Matthews, Stewart) (Entered: 11/21/2014)
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Legal Document (Payment Possibly Required) 8 Filed: 11/19/2014, Entered: None Court Filing
ELECTRONIC ORDER: The Court has under consideration 4 Defendant R.D. Olson MFG, Inc.'s Motion to Dismiss Plaintiffs' Complaint for Improper Venue Pursuant to Fed. R. Civ. P. 12(b)(3), or in the Alternative, to Transfer Venue Pursuant to 28 U.S.C. § 1404(a). The Court believes that it is appropriate to expedite briefing on the motion. It is ORDERED that any Response is due on or before December 2, 2014, and any Reply to that response is due on or before December 8, 2014. (Ordered by Chief Judge Jorge A Solis on 11/19/2014) (chmb) (Entered: 11/19/2014)
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Legal Document (Payment Possibly Required) 7 Filed: 11/18/2014, Entered: None
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by RD Olson MFG Inc. (Lucky, Jeffrey) (Entered: 11/18/2014)
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Legal Document (Payment Possibly Required) 6 Filed: 11/18/2014, Entered: None
Brief/Memorandum in Support filed by RD Olson MFG Inc re 4 MOTION to Dismiss Plaintiffs' Complaint for Improper Venue Pursuant to Fed. R. Civ. P. 12(b)(3) or, in the Alternative, to Transfer Venue Pursuant to 28 U.S.C. § 1404(a) . (Entered: 11/18/2014)
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Legal Document (Payment Possibly Required) 5 Filed: 11/18/2014, Entered: None
MOTION to Join Required Parties or, Alternatively, to Dismiss Plaintiffs' Claims for Failure to Join Required Parties and Brief in Support Thereof filed by RD Olson MFG Inc (Attachments: # 1 Proposed Order) (Lucky, Jeffrey). (Entered: 11/18/2014)
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Legal Document (Payment Possibly Required) 4 Filed: 11/18/2014, Entered: None
MOTION to Dismiss Plaintiffs' Complaint for Improper Venue Pursuant to Fed. R. Civ. P. 12(b)(3) or, in the Alternative, to Transfer Venue Pursuant to 28 U.S.C. § 1404(a) filed by RD Olson MFG Inc (Attachments: # 1 Proposed Order). (Entered: 11/18/2014)
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Legal Document (Payment Possibly Required) 3 Filed: 9/22/2014, Entered: None
Summons Issued as to Construction Equipment Company, RD Olson MFG Inc. (cea) (Entered: 09/22/2014)
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Legal Document (Payment Possibly Required) 2 Filed: 9/19/2014, Entered: None Court Filing
New Case Notes: A filing fee has been paid. File to Judge Solis. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Stickney). Clerk to provide copy to plaintiff if not received electronically. (cea) (Entered: 09/22/2014)
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Legal Document (Payment Possibly Required) 1 Filed: 9/19/2014, Entered: None Court Filing
COMPLAINT against All Defendants filed by Mary Jane Winegeart, Vouncia Winegeart. (Filing fee $400; Receipt number 0539-6307357) 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) (Tracy, E) (Entered: 09/19/2014)
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