Wilson, et al v. Paulk's Moving, et al

Federal Civil Lawsuit Louisiana Eastern District Court, Case No. 2:02-cv-01984
District Judge Mary Ann Vial Lemmon, presiding
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District Judge Mary Ann Vial Lemmon
Last Updated October 3, 2016 at 12:06 AM EDT (9.1 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Eddie A Len, Plaintiff
No Logo Edna M Tyson, Plaintiff
No Logo Elsie Marshall, Plaintiff
No Logo Emmett Boudreaux, Plaintiff
No Logo Gregory L Ruth, Plaintiff
No Logo Harvey A Green, Plaintiff
No Logo Henry, Daniel S., Plaintiff
No Logo Herman Smith, Jr, Plaintiff
No Logo Ian W Hughes, Plaintiff
No Logo Jamie Green, Plaintiff
No Logo Joseph Lewis, Plaintiff
No Logo Julius White, Plaintiff
No Logo Larry Blouin, Plaintiff
No Logo Leonard Green, Plaintiff
No Logo Leroy Brashears, Plaintiff
No Logo Maris Lee West, Plaintiff
No Logo Michael Ray Brown, Plaintiff
No Logo Patrick T Harris, Plaintiff
No Logo Ricky Wilson, Plaintiff

Represented by Courington Kiefer & Sommers

Name Phone Fax E-Mail
Space James Matthew Matherne +1 504 524 5510 jmatherne@courington-law.com

Represented by Everitt, Pratt & Latham, LLC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Keary L. Everitt +1 504 571 1901 +1 504 571 1902 everitt@epllaw.com
Space William Lawton Pratt +1 504 571 1901 +1 504 571 1902 Pratt@epllaw.com
No Logo Roosevelt Montgomery, Plaintiff
No Logo Stanley D Pendleton, Sr, Plaintiff
No Logo Stanley Joseph, Plaintiff
No Logo Suzette Charles, Plaintiff
No Logo Terry Green, Plaintiff
No Logo Tony Masters, Plaintiff
No Logo Wanda Robertson, Plaintiff
v.
No Logo Data Management Archives of New Orleans, L.L.C., Defendant
No Logo Exhibit Transporation and Storage, Inc., Defendant
No Logo Paulk's Moving & Storage, Inc., Defendant

Represented by Carver Darden Koretzky Tessier Finn Blossman & Areaux LLC

Name Phone Fax E-Mail
Space Lucas T. Regnier +1 504 585 3800 regnier@carverdarden.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Stephen Rose +1 504 585 3800 rose@carverdarden.com

Represented by Phelps Dunbar LLP

Name Phone Fax E-Mail
TERMINATED: 01/09/2004 Meredith B. Cody +1 504 584 9259 meredith.cody@phelps.com
No Logo Richard D Paulk, Defendant
Attributes
Citation Section 29 U.S.C. § 203
Nature of Suit 710 - Labor: Fair Labor Standards Act
Timeline
  Entries (55) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 55 Filed: 7/29/2004, Entered: None
ORDER from Court of Appeals: dismissing the appeal [53-1] by Clerk (ijg) (Entered: 07/30/2004)
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Legal Document (Payment Possibly Required) 54 Filed: 2/2/2004, Entered: None
Federal Rules of Appellate Procedure Rule 10 b.1.B certificate by plaintiffs re Reporter's Transcript (ijg) (Entered: 02/02/2004)
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Legal Document (Payment Possibly Required) 53 Filed: 1/30/2004, Entered: None
Notice of appeal by plaintiffs from Dist. Court [52-2] judgment entered on 1/26/04 and all prior rulings in the case (ijg) (Entered: 02/02/2004)
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Blank 52 Filed: 1/26/2004, Entered: None Court Filing
JUDGMENT: ORDERED that there be judgment in favor of dfts Paulk's Moving & Storage Inc, Exhibit Trans & Storange Inc, Data Mgt Archives of NO LLC and Richard D Paulk and agst plas dismissing plas' state law claims w/o prej; FURTHER ORDERED that there be jgm in favor of dfts Paulk's Moving & Storage Inc, Exhibit Trans & Storange Inc, Data Mgt Archives of NO LLC and Richard D Paulk and agst plas dismissing the remainder of pla's cmmp w/prej; plas must bear all costs of these proceedings by Loretta G Whyte, Clerk; Approved as to form by Magistrate Judge Joseph C. Wilkinson, Jr. (CASE CLOSED) (ijg) (Entered: 01/26/2004)
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Legal Document (Payment Possibly Required) 51 Filed: 1/23/2004, Entered: None Court Filing
ORDER & REASONS that dfts' motion for summary judgment [34-1] is GRANTED and the minimum wage claims that accrued after 6/26/99 are DISMISSED W/PREJ as to the plas stated herein; FURTHER ORDERED that the overtime compensation claims are DISMISSED W/PREJ as to the plas stated herein; FURTHER ORDERED that all claims of Henry Daniels are DISMISSED W/PREJ; FURTHER ORDERED that the state law claims of all plas are DISMISSED W/O PREJ by Magistrate Judge Joseph C. Wilkinson Jr. (ijg) (Entered: 01/26/2004)
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Legal Document (Payment Possibly Required) 50 Filed: 1/15/2004, Entered: None
Surreply by plaintiffs to dfts' reply to plas' opp to dfts' renewed [34-1] motion for summary judgment (ijg) (Entered: 01/16/2004)
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Legal Document (Payment Possibly Required) 49 Filed: 1/13/2004, Entered: None Court Filing
Motion by plaintiffs and ORDER for leave to file surreply to dfts' reply to plas' opp to dfts' renewed motion for sum jgm; no further briefs will be permitted by Magistrate Judge Joseph C. Wilkinson Jr. Date Signed: 1/14/04 (ijg) (Entered: 01/16/2004)
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Legal Document (Payment Possibly Required) 48 Filed: 1/13/2004, Entered: None
Reply by defendants to plas' opp to dfts' second motion for summary judgment [34-1] (ijg) (Entered: 01/13/2004)
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Legal Document (Payment Possibly Required) 47 Filed: 1/12/2004, Entered: None Court Filing
Motion by defendants and ORDER for leave to file reply to plas' opp to dfts' second motion for summary judgment by Magistrate Judge Joseph C. Wilkinson Jr. (ijg) (Entered: 01/13/2004)
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Legal Document (Payment Possibly Required) 46 Filed: 1/9/2004, Entered: None Court Filing
Motion by dfts Paulk's Moving, Exhibit Trans, Data Mgt Archives NO, Richard D Paulk and ORDER that Lucas T. Regnier be substituted as counsel of record by Magistrate Judge Joseph C. Wilkinson Jr. (ijg) (Entered: 01/12/2004)
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Legal Document (Payment Possibly Required) 45 Filed: 1/9/2004, Entered: None Court Filing
ORDER denying dfts' motion for sanctions [41-1]; ORDERED that plas Terry Green and Roosevelt Montgomery must appear for their depos on 1/20/04 as set forth in doc by Magistrate Judge Joseph C. Wilkinson Jr. (ijg) (Entered: 01/12/2004)
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Legal Document (Payment Possibly Required) 44 Filed: 1/6/2004, Entered: None
Memo in opposition by plaintiffs to motion for summary judgment [34-1] filed by defendants (ijg) (Entered: 01/07/2004)
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Legal Document (Payment Possibly Required) 43 Filed: 1/6/2004, Entered: None
Memo in opposition by plaintiffs to motion for sanctions [41-1] filed by defendants (ijg) (Entered: 01/07/2004)
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Legal Document (Payment Possibly Required) 42 Filed: 12/24/2003, Entered: None Court Filing
Motion by plaintiffs and ORDER for appearance of James Matthew Matherne as addl counsel of record by Magistrate Judge Joseph C. Wilkinson Jr. Date Signed: 12/29/03 (ijg) (Entered: 01/02/2004)
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Legal Document (Payment Possibly Required) 41 Filed: 12/29/2003, Entered: None Court Filing
MOTION by defendant - Paulk's Moving, defendant Exhibit Trans, defendant Data Mgt Archives NO, defendant Richard D Paulk for sanctions referred to Magistrate Judge Joseph C. Wilkinson Jr. to be heard before mag at 11:00 1/14/04 (nn) (Entered: 12/29/2003)
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Legal Document (Payment Possibly Required) 40 Filed: 12/29/2003, Entered: None
Notice of Deposition by plaintiffs of Joseph Valdez on 1/6/04 (sek) (Entered: 12/29/2003)
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Legal Document (Payment Possibly Required) 39 Filed: 12/29/2003, Entered: None
Notice of Deposition by plaintiffs of Richard Paulk on 12/31/03 (sek) (Entered: 12/29/2003)
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Legal Document (Payment Possibly Required) 38 Filed: 12/29/2003, Entered: None
Notice of Deposition by plaintiffs of Lydia Selle on 12/31/03 (sek) (Entered: 12/29/2003)
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Legal Document (Payment Possibly Required) 37 Filed: 12/29/2003, Entered: None
Notice of Deposition by plaintiffs of Sharon Quail on 12/30/03 (sek) (Entered: 12/29/2003)
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Legal Document (Payment Possibly Required) 36 Filed: 12/29/2003, Entered: None
Notice of Deposition by plaintiffs of Jane Lowe on 12/30/03 (sek) (Entered: 12/29/2003)
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Legal Document (Payment Possibly Required) 35 Filed: 12/29/2003, Entered: None
Re-Notice of Deposition by plaintiffs of Paulk's Moving & Storage, Inc. on 12/30/03 (sek) Modified on 12/29/2003 (Entered: 12/29/2003)
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Legal Document (Payment Possibly Required) 34 Filed: 12/26/2003, Entered: None Court Filing
SECOND MOTION by defendant Paulk's Moving, defendant Exhibit Trans, defendant Data Mgt Archives NO, defendant Richard D Paulk for summary judgment referred to Magistrate Judge Joseph C. Wilkinson Jr. to be heard before mag at 9:00 1/14/04 (nn) (Entered: 12/26/2003)
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Legal Document (Payment Possibly Required) 33 Filed: 12/22/2003, Entered: None
Notice of Deposition by plaintiffs of Paulk's Moving & Storage Inc on 12/30/03 (car) (Entered: 12/26/2003)
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Legal Document (Payment Possibly Required) 32 Filed: 12/10/2003, Entered: None
Amended Witness list submitted by plaintiffs (lg) (Entered: 12/11/2003)
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Legal Document (Payment Possibly Required) 31 Filed: 12/8/2003, Entered: None
Witness and exhibit list submitted by plaintiffs (ca) (Entered: 12/08/2003)
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Legal Document (Payment Possibly Required) 30 Filed: 12/5/2003, Entered: None
Witness and exhibit list submitted by defendants - Paulk's Moving, Exhibit Trans, Data Mgt Archives NO, and Richard D Paulk (ca) (Entered: 12/05/2003)
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Legal Document (Payment Possibly Required) 29 Filed: 11/10/2003, Entered: None Court Filing
ORDER & REASONS: ORDERED that plas' motion to strike declaration of Sharon Quail filed in support of dfts' motion to dismiss and for summary judgment [17-1] is DENIED; FURTHER ORDERED that dfts' motion to dismiss plas' cmp is DENIED; FURTHER ORDERED that dfts' motion for summary judgment pursuant to FRCP 12(b)(6) [10-1] is GRANTED IN PART AND DENIED IN PART; the motion is GRANTED as to all claims by Leroy Brashears, Harvey A Green, Jamie Green, Edna M Tyson, Maris Lee West and Julius White agst all dfts & are DISM W/PREJ; the motion is also granted as to any claims by any of the remaining plas that accrued bfr 6/26/99 and those claims are DISM W/PREJ; dfts' motion for sum jgm is GRANTED as to the retaliation claims of Ian W Hughes and Gregory Ruth, which are DISM W/PREJ; dfts' motion for sum jgm is GRANTED as to all claims for overtime compensation by drivers, helpers, loaders and mechanics named herein and those claims are DISM W/PREJ; the motion for sum jgm is DENIED as to all claims for overtime compensation by packers; the claims remaining for trial are the minimum wage claims that accrued after 6/26/99 of plas listed herein and the overtime compensation claims of the packer plas listed herein by Magistrate Judge Joseph C. Wilkinson Jr. Date Signed: 11/7/03 (ijg) (Entered: 11/10/2003)
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Legal Document (Payment Possibly Required) 28 Filed: 11/4/2003, Entered: None
Declaration of Joe Valdez (lg) (Entered: 11/04/2003)
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Legal Document (Payment Possibly Required) 27 Filed: 11/4/2003, Entered: None
Declaration by plaintiff Julius White (lg) (Entered: 11/04/2003)
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Legal Document (Payment Possibly Required) 26 Filed: 11/3/2003, Entered: None Court Filing
Motion by defendants and ORDER to substitute the orig, signed and dated declaration of Joe Valdez by Judge Mary Ann Vial Lemmon Date Signed: 11/4/03 (ijg) (Entered: 11/04/2003)
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Legal Document (Payment Possibly Required) 25 Filed: 11/3/2003, Entered: None Court Filing
Motion by plaintiff and ORDER for leave to substitute the copy of the Declaration of Julius White w/the orig by Judge Mary Ann Vial Lemmon Date Signed: 11/4/03 (ijg) (Entered: 11/04/2003)
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Legal Document (Payment Possibly Required) 24 Filed: 10/28/2003, Entered: None Court Filing
MINUTE ENTRY ( 10/27/03 ) ORDERED that if pla Julius White wants the Court to consider his declaration re dfts' motion to dismiss and for sum jgm [10-1], he must file an ex parte motion to subst the signed orig signature page of his declaration no later than 11/3/03; if dfts want the Court to consider Joe Valdez's declaration, dfts must file an ex parte motion to subst a dated, orig signature page of his declaration no later than 11/3/03 by Magistrate Judge Joseph C. Wilkinson Jr. (ijg) (Entered: 10/28/2003)
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Legal Document (Payment Possibly Required) 23 Filed: 10/14/2003, Entered: None
Reply memorandum by plaintiffs to dfts' reply to plas' opp to [10-1] dfts' motion to dismiss plas' cmp and for summary judgment pursuant to FRCP 12(b)(6), [17-1] and to plas' motion to strike declaration of Sharon Quail filed in support of dfts' mtn to dismiss and for summary judgment (dmg) Modified on 11/26/2003 (Entered: 10/15/2003)
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Legal Document (Payment Possibly Required) 22 Filed: 10/8/2003, Entered: None
Reply by defendants to plas' opp to dfts' motion to dismiss plas' cmp and for summary judgment pursuant to FRCP 12(b)(6) [10-1] and to plas' motion to strike declaration (ijg) (Entered: 10/08/2003)
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Legal Document (Payment Possibly Required) 21 Filed: 9/30/2003, Entered: None Court Filing
Motion by dfts & ORDER for leave to file a reply to plas' opp to dfts' motion to dismiss and for sum jgm; FURTHER ORDERED that plas are granted leave to file a sur-reply w/in 5 days of the filing of the aforementioned reply by dfts by Magistrate Judge Joseph C. Wilkinson Jr. Date Signed: 10/2/03 (ijg) (Entered: 10/03/2003)
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Legal Document (Payment Possibly Required) 20 Filed: 10/1/2003, Entered: None Court Filing
MINUTE ENTRY (9/30/03): A Status Conference was held this date; amendments due 10/30/03; pretrial conf set 2:30 2/5/04; non-jury trial set 10:00 2/17/04 by Magistrate Judge Joseph C. Wilkinson Jr. (ijg) (Entered: 10/01/2003)
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Legal Document (Payment Possibly Required) 19 Filed: 9/29/2003, Entered: None Court Filing
ORDERED that the settlement conf previously set on 9/30/03 is postponed to be rescheduled at a later date upon request of counsel by Magistrate Judge Joseph C. Wilkinson Jr. (ijg) (Entered: 09/30/2003)
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Legal Document (Payment Possibly Required) 18 Filed: 9/29/2003, Entered: None Court Filing
Consent to trial and Order referring case to Magistrate Judge Joseph C. Wilkinson Jr. pursuant to 28 USC 636(c) by Judge Mary Ann Vial Lemmon (ca) (Entered: 09/29/2003)
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Legal Document (Payment Possibly Required) 17 Filed: 9/26/2003, Entered: None Court Filing
MOTION by plaintiffs to strike declaration of Sharon Quail filed in support of dfts' motion to dismiss and for summary judgment to be heard before Judge at 10:00 10/15/03 (ijg) (Entered: 09/29/2003)
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Legal Document (Payment Possibly Required) 16 Filed: 9/23/2003, Entered: None
Memo in opposition by plaintiffs to motion to dismiss plas' cmp and for summary judgment pursuant to FRCP 12(b)(6) [10-1] filed by defendants (ijg) (Entered: 09/24/2003)
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Legal Document (Payment Possibly Required) 15 Filed: 9/17/2003, Entered: None Court Filing
ORDERED that a settlement conference is scheduled before magistrate at 3:30 9/30/03 ; settlement letters due by 9/29/03 by Magistrate Judge Joseph C. Wilkinson Jr. Date Signed: 9/16/03 (ijg) (Entered: 09/17/2003)
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Legal Document (Payment Possibly Required) 14 Filed: 9/8/2003, Entered: None
Witness and exhibit list submitted by defendants. (cbn) (Entered: 09/09/2003)
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Legal Document (Payment Possibly Required) 13 Filed: 9/8/2003, Entered: None
Witness and exhibit list submitted by plaintiff (cbn) (Entered: 09/09/2003)
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Legal Document (Payment Possibly Required) 12 Filed: 9/5/2003, Entered: None Court Filing
ORDERED that the parties contact Mag Judge Wilkinson w/in 10 days for the purpose of conducting a settlement conf; settlement conf must be held bfr pre-trial by Judge Mary Ann Vial Lemmon (ijg) (Entered: 09/08/2003)
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Legal Document (Payment Possibly Required) 11 Filed: 8/19/2003, Entered: None Court Filing
Motion by plaintiff Tony Masters & ORDER that Tony Masters is dismissed as a plaintiff w/o prej and he will bear his own costs including atty's fees as set forth in doc by Judge Mary Ann Vial Lemmon (ijg) (Entered: 08/20/2003)
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Legal Document (Payment Possibly Required) 10 Filed: 8/13/2003, Entered: None Court Filing
MOTION by dfts Paulk's Moving, Exhibit Trans, Data Mgt Archives NO, Richard D Paulk to dismiss plas' cmp and for summary judgment pursuant to FRCP 12(b)(6) to be heard before Judge at 10:00 10/1/03 (ijg) (Entered: 08/13/2003)
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Legal Document (Payment Possibly Required) 9 Filed: 1/13/2003, Entered: None Court Filing
MINUTE ENTRY ( 1/13/03 ) The scheduling order entered on 1/10/03 is amended as set forth in doc by Judge Mary Ann Vial Lemmon (ijg) (Entered: 01/14/2003)
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Legal Document (Payment Possibly Required) 8 Filed: 1/10/2003, Entered: None Court Filing
MINUTE ENTRY ( 1/10/03): Preliminary Conference held; amendments due 2/10/03 ; pretrial conf set 11:00 11/7/03 ; 4 day non-jury trial set 9:00 12/1/03 ; by Judge Mary Ann Vial Lemmon (cbn) (Entered: 01/10/2003)
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Legal Document (Payment Possibly Required) 7 Filed: 11/22/2002, Entered: None Court Filing
MINUTE ENTRY (11/19/02) ORDERED that the claims of plas agst dfts Mayflower Van Lines Inc & United Van Lines Inc are dismissed w/o prej in accordance w/Rule 4(m) FRCP by Judge Mary Ann Vial Lemmon Date Signed: 11/21/02 (ijg) (Entered: 11/25/2002)
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Legal Document (Payment Possibly Required) 6 Filed: 11/19/2002, Entered: None
NOTICE/ORDER that a preliminary conference is scheduled by telephone before courtroom deputy at 2:30 1/9/03 by Clerk (cbn) (Entered: 11/19/2002)
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Legal Document (Payment Possibly Required) 5 Filed: 10/10/2002, Entered: None Court Filing
ORDER: It is ordered that pla show good cause in writing w/in 30 days why svc of process has not been effected, or the unserved dfts will be dismissed w/o notice. by Judge Mary Ann Vial Lemmon (tbl) (Entered: 10/10/2002)
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Legal Document (Payment Possibly Required) 4 Filed: 8/12/2002, Entered: None
ANSWER by defendant Paulk's Moving, defendant Exhibit Trans, defendant Data Mgt Archives NO, defendant Richard D Paulk to complaint by plaintiffs [1-1] (ijg) (Entered: 08/12/2002)
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Legal Document (Payment Possibly Required) 3 Filed: 7/19/2002, Entered: None Court Filing
Motion by dfts Paulk's Moving, Exhibit Trans, Data Mgt Archives NO, Richard D Paulk and ORDER extending time to answer plas' complaint until 8/11/02 by Judge Mary Ann Vial Lemmon (ijg) (Entered: 07/22/2002)
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Legal Document (Payment Possibly Required) 2 Filed: 7/10/2002, Entered: None
RETURN OF SERVICE of summons and complaint upon defendant Paulk's Moving on 7/2/02 (dg) (Entered: 07/12/2002)
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Blank 1 Filed: 6/26/2002, Entered: None
COMPLAINT; 6 summons(es) issued (ijg) (Entered: 06/26/2002)
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