De La Cruz v. Itro Trucking, LLC f/k/a Ortiz Trucking

Federal Civil Lawsuit Texas Western District Court, Case No. 5:15-cv-00367
District Judge David A. Ezra, presiding
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District Judge David A. Ezra
Last Updated February 4, 2019 at 1:16 PM EST (7.1 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Jose De La Cruz, Plaintiff

Represented by Baron & Budd, PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Melinda Arbuckle - PHV +1 214 521 3605 +1 214 520 1181 marbuckl@baronbudd.com
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Allen R. Vaught +1 214 521 3605 +1 214 520 1181 avaught@txlaborlaw.com

Represented by Thompson, Coe, Cousins & Irons LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY FARSHEED FOZOUNI +1 214 871 8200 +1 214 871 8209 ffozouni@thompsoncoe.com
No Logo Thomas Delgado, Plaintiff

Represented by Baron & Budd, PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Melinda Arbuckle - PHV +1 214 521 3605 +1 214 520 1181 marbuckl@baronbudd.com
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Allen R. Vaught +1 214 521 3605 +1 214 520 1181 avaught@txlaborlaw.com

Represented by Thompson, Coe, Cousins & Irons LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY FARSHEED FOZOUNI +1 214 871 8200 +1 214 871 8209 ffozouni@thompsoncoe.com
v.
No Logo Alma Ortiz, Defendant

Represented by Law Office of Ricardo Alberto Garcia

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Ricardo Alberto Garcia-Tagle +1 210 478 8098 +1 210 855 6098 ricardo@ragarcialaw.com
No Logo Itro Trucking, LLC, Defendant

Represented by Law Office of Ricardo Alberto Garcia

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Ricardo Alberto Garcia-Tagle +1 210 478 8098 +1 210 855 6098 ricardo@ragarcialaw.com
Attributes
Citation Section 29 U.S.C. § 201
Nature of Suit 710 - Labor: Fair Labor Standards Act
Timeline
  Entries (52) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 45 Filed: 3/8/2017, Entered: None Unknown Document Type
STIPULATION of Dismissal with Prejudice Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) by Jose De La Cruz. (Fozouni, Farsheed) (Entered: 03/08/2017)
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Legal Document (Payment Possibly Required) 44 Filed: 1/18/2017, Entered: None Unknown Document TypeCourt Filing
ORDER GRANTING 43 Second MOTION to Extend Scheduling Order Deadlines
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Legal Document (Payment Possibly Required) 43 Filed: 1/17/2017, Entered: None Unknown Document Type
Second MOTION to Extend Scheduling Order Deadlines by Jose De La Cruz. (Attachments: # 1 Proposed Order)(Fozouni, Farsheed) (Entered: 01/17/2017)
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Legal Document (Payment Possibly Required) 42 Filed: 11/7/2016, Entered: None Unknown Document TypeCourt Filing
CONFIDENTIALITY AND PROTECTIVE ORDER re 41 Agreed MOTION for Protective Order filed by Jose De La Cruz. Signed by Judge David A. Ezra. (wg) (Entered: 11/07/2016)
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Legal Document (Payment Possibly Required) 41 Filed: 11/3/2016, Entered: None Unknown Document Type
Agreed MOTION for Protective Order by Jose De La Cruz. (Attachments: # 1 Proposed Order)(Fozouni, Farsheed) (Entered: 11/03/2016)
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Legal Document (Payment Possibly Required) 40 Filed: 10/5/2016, Entered: None Unknown Document TypeCourt Filing
ORDER GRANTING re 39 Agreed MOTION to Extend Scheduling Order Deadlines filed by Jose De La Cruz, ( Discovery due by 1/18/2017,, Dispositive Motions due by 2/18/2017,). Signed by Judge David A. Ezra. (wg) (Entered: 10/05/2016)
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Legal Document (Payment Possibly Required) 39 Filed: 10/4/2016, Entered: None Unknown Document Type
Agreed MOTION to Extend Scheduling Order Deadlines by Jose De La Cruz. (Attachments: # 1 Proposed Order)(Fozouni, Farsheed) (Entered: 10/04/2016)
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Legal Document (Payment Possibly Required)  Filed: 8/3/2016, Entered: None Unknown Document Type
Text Order GRANTING 37 Motion for Extension of Time to File. Settlement offer deadline extended to on or before August 22, 2016. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lc)
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Legal Document (Payment Possibly Required) 38 Filed: 8/2/2016, Entered: None Unknown Document Type
STATUS REPORT (Joint) Regarding Alternative Dispute Resolution by Jose De La Cruz, Thomas Delgado. (Vaught, Allen) (Entered: 08/02/2016)
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Legal Document (Payment Possibly Required) 37 Filed: 8/2/2016, Entered: None Unknown Document Type
Unopposed MOTION for Extension of Time to File Written Offer of Settlement by Jose De La Cruz, Thomas Delgado. (Attachments: # 1 Proposed Order)(Vaught, Allen) (Entered: 08/02/2016)
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Legal Document (Payment Possibly Required) 36 Filed: 7/13/2016, Entered: None Unknown Document TypeCourt Filing
SCHEDULING ORDER: ADR Report Deadline due by 8/2/2016, Amended Pleadings due by 9/1/2016, Discovery due by 11/4/2016, Joinder of Parties due by 9/1/2016, Dispositive Motions due by 12/5/2016, The Court will set the case for trial by separate order. Signed by Judge David A. Ezra. (wg) (Entered: 07/13/2016)
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Legal Document (Payment Possibly Required) 35 Filed: 7/7/2016, Entered: None Unknown Document Type
NOTICE of Filing Joint Proposed Scheduling Recommedations by Jose De La Cruz, Thomas Delgado (Attachments: # 1 Proposed Scheduling Order)(Vaught, Allen) (Entered: 07/07/2016)
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Legal Document (Payment Possibly Required) 34 Filed: 7/7/2016, Entered: None Unknown Document TypeCourt Filing
NON-CONSENT to Trial by US Magistrate Judge by Jose De La Cruz, Thomas Delgado. (Vaught, Allen) (Entered: 07/07/2016)
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Legal Document (Payment Possibly Required) 33 Filed: 6/23/2016, Entered: None Unknown Document Type
NOTICE of Attorney Appearance by Farsheed Fozouni on behalf of Jose De La Cruz, Thomas Delgado. Attorney Farsheed Fozouni added to party Jose De La Cruz(pty:pla), Attorney Farsheed Fozouni added to party Thomas Delgado(pty:pla) (Fozouni, Farsheed) (Entered: 06/23/2016)
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Legal Document (Payment Possibly Required) 32 Filed: 6/23/2016, Entered: None Unknown Document Type
NOTICE of Attorney Appearance by Melinda Arbuckle on behalf of Jose De La Cruz, Thomas Delgado. Attorney Melinda Arbuckle added to party Jose De La Cruz(pty:pla), Attorney Melinda Arbuckle added to party Thomas Delgado(pty:pla) (Arbuckle, Melinda) (Entered: 06/23/2016)
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Legal Document (Payment Possibly Required) 31 Filed: 6/15/2016, Entered: None Unknown Document Type
DEFENDANTS' ANSWER to 26 Amended Complaint by Itro Trucking, LLC, Alma Ortiz. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Garcia-Tagle, Ricardo) (Entered: 06/15/2016)
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Legal Document (Payment Possibly Required) 30 Filed: 6/8/2016, Entered: None Unknown Document TypeCourt Filing
Order for Scheduling Recommendations/Proposed Scheduling Order. Parties shall submit a scheduling recommendations/proposed scheduling order to the Court within thirty (30) days from the date of this Order., Notice of right to consent to disposition of a civil case by a U.S. Magistrate Judge.Signed by Judge David A. Ezra. (wg) (Entered: 06/08/2016)
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Legal Document (Payment Possibly Required) 29 Filed: 6/6/2016, Entered: None Unknown Document Type
Redacted First Amended ANSWER to Complaint Document 1 by Itro Trucking, LLC, Alma Ortiz. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Garcia-Tagle, Ricardo) (Entered: 06/06/2016)
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Legal Document (Payment Possibly Required)  Filed: 6/3/2016, Entered: None Unknown Document Type
Notice of Correction: ***NOTIFIED COUNSEL THAT THIS ENTRY HAS BEEN EDITED TO REFLECT THE EXHIBITS ARE SEALED PURSUANT TO THE E-GOVERNMENT ACT. COUNSEL WILL FILE AN AMENDED ANSWER WITH REDACTED EXHIBITS*******re 25 Answer to Complaint. (rf)
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Legal Document (Payment Possibly Required) 28 Filed: 6/3/2016, Entered: None Unknown Document TypeCourt Filing
ORDER GRANTING 27 Motion Seal Exhibit; DENYING 27 Motion for Sanctions The Court ORDERS that the Clerk of Court shall immediately seal from public access ECF Dkt. # 25-2, which contains Plaintiffs social security number. The Court DENIES Plaintiffs request for sanctions and attorneys fees. Signed by Judge David A. Ezra. (wg) (Entered: 06/03/2016)
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Legal Document (Payment Possibly Required) 27 Filed: 6/2/2016, Entered: None Unknown Document Type
Opposed MOTION to Seal re 25 Answer to Complaint, Opposed MOTION for Sanctions by Jose De La Cruz. (Attachments: # 1 Proposed Order re: Emergency Motion to Seal, # 2 Proposed Order re: Motion for Sanctions)(Vaught, Allen) (Entered: 06/02/2016)
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Legal Document (Payment Possibly Required) 26 Filed: 6/2/2016, Entered: None Unknown Document Type
AMENDED COMPLAINT against All Defendants amending, filed by Jose De La Cruz.(Vaught, Allen) (Entered: 06/02/2016)
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Legal Document (Payment Possibly Required) 25 Filed: 6/1/2016, Entered: None Unknown Document Type
Defendants' First Amended ANSWER to Complaint by Itro Trucking, LLC. (Attachments -SEALED PURSUANT TO E-GOVERNMENT ACT) # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Garcia-Tagle, Ricardo) Modified on 6/3/2016, to reflect the exhibits are SEALED (rf). (Entered: 06/01/2016)
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Legal Document (Payment Possibly Required) 24 Filed: 5/19/2016, Entered: None Unknown Document Type
DEFENDANT'S ANSWER to 1 Complaint by Itro Trucking, LLC, Alma Ortiz. (Attachments: # 1 Exhibit)(wg) Modified Text on 5/20/2016 (wg). (Entered: 05/19/2016)
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Legal Document (Payment Possibly Required) 23 Filed: 5/19/2016, Entered: None Unknown Document TypeCourt Filing
ORDER VACATING re 12 Clerk's Entry of Default filed by Alma Ortiz, Itro Trucking, LLC, DENIED AS MOOT 13 MOTION for Default Judgment and Memorandum of Law against Defendants, Itro Trucking, LLC f/k/a Ortiz Trucking (Itro Trucking) and Alma Ortiz (Ortiz) (collectively Defendants) filed by Jose De La Cruz, Thomas Delgado, GRANTS 18 Unopposed MOTION for Leave to File Answer to Complaint Out of Time filed by Alma Ortiz, Itro Trucking, LLC, DENIED WITHOUT PREJUDICE 21 Opposed MOTION for Attorney Fees and Costs filed by Jose De La Cruz, Thomas Delgado. Signed by Judge David A. Ezra. (wg) (Entered: 05/19/2016)
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Legal Document (Payment Possibly Required) 22 Filed: 5/5/2016, Entered: None Unknown Document Type
APPENDIX to 21 Opposed MOTION for Attorney Fees and Costs by Jose De La Cruz, Thomas Delgado. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Vaught, Allen) (Entered: 05/05/2016)
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Legal Document (Payment Possibly Required) 21 Filed: 5/5/2016, Entered: None Unknown Document Type
Opposed MOTION for Attorney Fees and Costs by Jose De La Cruz, Thomas Delgado. (Attachments: # 1 Proposed Order)(Vaught, Allen) (Entered: 05/05/2016)
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Legal Document (Payment Possibly Required) 20 Filed: 5/5/2016, Entered: None Unknown Document Type
OBJECTION to 14 Report and Recommendations by Itro Trucking, LLC, Alma Ortiz.. (Garcia-Tagle, Ricardo) (Entered: 05/05/2016)
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Legal Document (Payment Possibly Required) 19 Filed: 5/4/2016, Entered: None Unknown Document Type
NOTICE of Opposition to Defendants' Motion for Leave to File Answer to the Complaint Out of Time by Jose De La Cruz, Thomas Delgado re 18 Unopposed MOTION for Leave to File Answer to Complaint Out of Time (Attachments: # 1 Exhibit A)(Vaught, Allen) (Entered: 05/04/2016)
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Legal Document (Payment Possibly Required) 18 Filed: 5/4/2016, Entered: None Unknown Document Type
Unopposed MOTION for Leave to File Answer to Complaint Out of Time by Itro Trucking, LLC, Alma Ortiz. (Attachments: # 1 Proposed Order, # 2 Supplement Answer to Complaint, # 3 Exhibit DOL Summary of Payments)(Garcia-Tagle, Ricardo) (Entered: 05/04/2016)
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Legal Document (Payment Possibly Required) 17 Filed: 5/2/2016, Entered: None Unknown Document Type
Certified mail acknowledgment receipt for magistrate report and recommendations re 14 Report and Recommendations as to Itro Trucking, LLC. (wg) (Entered: 05/04/2016)
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Legal Document (Payment Possibly Required) 16 Filed: 5/2/2016, Entered: None Unknown Document Type
Certified mail acknowledgment receipt for magistrate report and recommendations re 14 Report and Recommendations as to Alma Ortiz. (wg) (Entered: 05/04/2016)
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Legal Document (Payment Possibly Required) 15 Filed: 4/25/2016, Entered: None Unknown Document Type
Certified Mail Receipt of 14 Report and Recommendations (wg) (Entered: 04/26/2016)
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Legal Document (Payment Possibly Required)  Filed: 4/25/2016, Entered: None Unknown Document Type
Motions No Longer Referred: 13 MOTION for Default Judgment and Memorandum of Law against Defendants, Itro Trucking, LLC f/k/a Ortiz Trucking (Itro Trucking) and Alma Ortiz (Ortiz) (collectively Defendants) (rf)
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Legal Document (Payment Possibly Required) 14 Filed: 4/21/2016, Entered: None Unknown Document TypeCourt Filing
MEMORANDU AND RECOMMENDATIONS recommending to GRANT 13 Motion for Default Judgment filed by Jose De La Cruz, Thomas Delgado. Signed by Judge John W. Primomo. (rf) (Entered: 04/25/2016)
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Legal Document (Payment Possibly Required)  Filed: 3/11/2016, Entered: None Unknown Document Type
MOTION REFERRED: referred 13 MOTION for Default Judgment and Memorandum of Law against Defendants, Itro Trucking, LLC f/k/a Ortiz Trucking (Itro Trucking) and Alma Ortiz (Ortiz) (collectively Defendants). Referral Judge: John W. Primomo. (wg)
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Legal Document (Payment Possibly Required)  Filed: 3/11/2016, Entered: None Unknown Document Type
Text Order REFERRING 13 Motion for Default Judgment to Magistrate Judge Primomo. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lc)
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Legal Document (Payment Possibly Required) 13 Filed: 3/10/2016, Entered: None Unknown Document Type
MOTION for Default Judgment and Memorandum of Law against Defendants, Itro Trucking, LLC f/k/a Ortiz Trucking (Itro Trucking) and Alma Ortiz (Ortiz) (collectively Defendants) by Jose De La Cruz, Thomas Delgado. (Attachments: # 1 Proposed Order, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F)(Vaught, Allen) (Entered: 03/10/2016)
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Legal Document (Payment Possibly Required) 12 Filed: 1/22/2016, Entered: None Unknown Document Type
***VACATED PER ORDER, DOC # 23 ****Clerk's ENTRY OF DEFAULT as to Itro Trucking, LLC, f/k/a Ortiz Trucking, & Alma Ortiz (wg) Modified on 5/19/2016 (wg). (Entered: 01/22/2016)
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Legal Document (Payment Possibly Required) 11 Filed: 1/12/2016, Entered: None Unknown Document Type
Second MOTION for Entry of Default by the Clerk against Itro Trucking, LLC f/k/a Ortiz Trucking and Alma Ortiz by Jose De La Cruz, Thomas Delgado. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Vaught, Allen) (Entered: 01/12/2016)
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Legal Document (Payment Possibly Required) 10 Filed: 1/12/2016, Entered: None Unknown Document Type
SUMMONS Returned Executed by Jose De La Cruz, Thomas Delgado. All Defendants. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Vaught, Allen) (Entered: 01/12/2016)
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Legal Document (Payment Possibly Required) 9 Filed: 7/24/2015, Entered: None Unknown Document Type
Summons Reissued as to Itro Trucking, LLC f/k/a Ortiz Trucking, Alma Ortiz. (wg) (Entered: 07/24/2015)
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Legal Document (Payment Possibly Required) 8 Filed: 7/24/2015, Entered: None Unknown Document Type
REQUEST FOR ISSUANCE OF SUMMONS by Jose De La Cruz, Thomas Delgado. on Defendant Alma Ortiz (Vaught, Allen) (Entered: 07/24/2015)
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Legal Document (Payment Possibly Required) 7 Filed: 7/24/2015, Entered: None Unknown Document Type
REQUEST FOR ISSUANCE OF SUMMONS by Jose De La Cruz, Thomas Delgado. on Defendant Itro Trucking f/k/a Ortiz Trucking (Vaught, Allen) (Entered: 07/24/2015)
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Legal Document (Payment Possibly Required) 6 Filed: 7/22/2015, Entered: None Unknown Document Type
MOTION for Entry of Default by Clerk against Defendnats Itro Trucking, LLC f/k/a Ortiz Trucking and Alma Ortiz by Jose De La Cruz, Thomas Delgado. (Attachments: # 1 Exhibit Ex A - Executed Return of Sumons, # 2 Exhibit Ex B - Decl. Allen R. Vaught)(Vaught, Allen) (Entered: 07/22/2015)
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Legal Document (Payment Possibly Required) 5 Filed: 7/22/2015, Entered: None Unknown Document Type
SUMMONS Returned Executed by Jose De La Cruz, Thomas Delgado. All Defendants. (Attachments: # 1 Exhibit Summons and Executed Proof of Service)(Vaught, Allen) (Entered: 07/22/2015)
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Legal Document (Payment Possibly Required) 4 Filed: 5/8/2015, Entered: None Unknown Document Type
Summons Issued as to Itro Trucking, LLC f/k/a Ortiz Trucking. (wg) (Entered: 05/08/2015)
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Legal Document (Payment Possibly Required) 3 Filed: 5/8/2015, Entered: None Unknown Document Type
REQUEST FOR ISSUANCE OF SUMMONS by Jose De La Cruz, Thomas Delgado. (Vaught, Allen) (Entered: 05/08/2015)
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Legal Document (Payment Possibly Required)  Filed: 5/6/2015, Entered: None Unknown Document Type
If ordered by the court, all referrals will be assigned to Magistrate Judge Primomo (wg)
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Legal Document (Payment Possibly Required)  Filed: 5/6/2015, Entered: None Unknown Document Type
Case Randomly Assigned to Judge David A. Ezra. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (wg)
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Legal Document (Payment Possibly Required) 2 Filed: 5/6/2015, Entered: None Unknown Document Type
Certificate of Interested Parties by Jose De La Cruz, Thomas Delgado. (Vaught, Allen) (Entered: 05/06/2015)
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Legal Document (Payment Possibly Required) 1 Filed: 5/6/2015, Entered: None Unknown Document Type
COMPLAINT ( Filing fee $ 400 receipt number 0542-7425037). No Summons requested at this time, filed by Jose De La Cruz, Thomas Delgado. (Attachments: # 1 Civil Cover Sheet)(Vaught, Allen) (Entered: 05/06/2015)
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