Preston v. Falcon Transport Co.
Federal Civil Lawsuit Texas Eastern District Court, Case No. 1:12-cv-00403
District Judge Thad Heartfield, presiding

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Last Updated February 20, 2019 at 11:09 PM ST (2.3 years ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

No Logo Abba Goynes Preston, Plaintiff

Toggle Switch Represented by Simmons & Fletcher

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, , ATTORNEY TO BE NOTICED Keith Milton Fletcher +1 713 932 0777 +1 713 935 1410 kfletcher@simmonsandfletcher.com
No Logo Kenneth Preston, Plaintiff

Toggle Switch Represented by Simmons & Fletcher

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, , ATTORNEY TO BE NOTICED Keith Milton Fletcher +1 713 932 0777 +1 713 935 1410 kfletcher@simmonsandfletcher.com
v.
No Logo Aurora Trailer Leasing & Rental LLC, Defendant

Toggle Switch Represented by Simmons & Fletcher

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, , ATTORNEY TO BE NOTICED Keith Milton Fletcher +1 713 932 0777 +1 713 935 1410 kfletcher@simmonsandfletcher.com

Toggle Switch Represented by Wilson Elser Moskowitz Edelman & Dicker LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, , ATTORNEY TO BE NOTICED, LEAD ATTORNEY Kent Morrison Adams +1 713 353 2000 +1 713 785 7780 kent.adams@wilsonelser.com
No Logo Falcon Transport Co., Defendant

Toggle Switch Represented by Simmons & Fletcher

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, , ATTORNEY TO BE NOTICED Keith Milton Fletcher +1 713 932 0777 +1 713 935 1410 kfletcher@simmonsandfletcher.com

Toggle Switch Represented by Wilson Elser Moskowitz Edelman & Dicker LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, , ATTORNEY TO BE NOTICED, LEAD ATTORNEY Kent Morrison Adams +1 713 353 2000 +1 713 785 7780 kent.adams@wilsonelser.com
No Logo National General Insurance Company, Defendant
No Logo Ronald Clark, Defendant

Toggle Switch Represented by Simmons & Fletcher

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, , ATTORNEY TO BE NOTICED Keith Milton Fletcher +1 713 932 0777 +1 713 935 1410 kfletcher@simmonsandfletcher.com

Toggle Switch Represented by Wilson Elser Moskowitz Edelman & Dicker LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, , ATTORNEY TO BE NOTICED, LEAD ATTORNEY Kent Morrison Adams +1 713 353 2000 +1 713 785 7780 kent.adams@wilsonelser.com
No Logo Robert A Black, Mediator
Citation Section 28 U.S.C. § 1332
Nature of Suit 350 - Motor Vehicle Personal Injury
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Legal Document (Payment Possibly Required) 38 Filed: 11/6/2013, Entered: None Unknown Document TypeCourt Filing
ORDER granting 37 Motion to Dismiss. Ordered that plaintiff's claims against all defendants are dismissed with prejudice to refiling. Ordered that all costs shall be taxed against the party incurring same. Signed by Judge Thad Heartfield on 11/6/2013. (bjc) (Entered: 11/07/2013)
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    Legal Document (Payment Possibly Required) 37 Filed: 9/18/2013, Entered: None Unknown Document Type
    MOTION to Dismiss by Abba Goynes Preston, Kenneth Preston. (Attachments: # 1 Text of Proposed Order)(Fletcher, Keith) (Entered: 09/18/2013)
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      Legal Document (Payment Possibly Required) 36 Filed: 9/4/2013, Entered: None Unknown Document TypeCourt Filing
      ORDER granting 32 Motion for Leave to File amended complaint. Signed by Judge Thad Heartfield on 9/4/2013. (bjc) (Entered: 09/05/2013)
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        Legal Document (Payment Possibly Required) 35 Filed: 8/5/2013, Entered: None Unknown Document Type
        Proposed Agreed Final Judgment by Ronald Clark, Falcon Transport Co. (Adams, Kent) Modified on 8/6/2013 (tkd, ). (Entered: 08/05/2013)
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          Legal Document (Payment Possibly Required) 34 Filed: 7/30/2013, Entered: None Unknown Document Type
          AMENDED COMPLAINT against National General Insurance Company, filed by Abba Goynes Preston, Kenneth Preston. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Fletcher, Keith) (Entered: 07/30/2013)
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            Legal Document (Payment Possibly Required) 33 Filed: 7/30/2013, Entered: None Unknown Document Type
            Supplement to Plaintiffs' 32 Motion for Leave to Amend by Abba Goynes Preston, Kenneth Preston. (Attachments: # 1 Exhibit)(Fletcher, Keith) Modified on 7/30/2013 (bjc, ). (Entered: 07/30/2013)
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              Legal Document (Payment Possibly Required) 32 Filed: 7/24/2013, Entered: None Unknown Document Type
              MOTION for Leave to File Amended Complaint by Abba Goynes Preston, Kenneth Preston. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Text of Proposed Order)(Fletcher, Keith) (Additional attachment(s) added on 7/25/2013: # 4 Revised Proposed Order) (bjc, ). (Entered: 07/24/2013)
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                Legal Document (Payment Possibly Required) 31 Filed: 7/2/2013, Entered: None Unknown Document TypeCourt Filing
                ORDER on closing documents. Settlement papers due on or before August 2, 2013. Ordered that all pending motions [clerk's docket no. 29] are denied as moot. Ordered that all pre-trial deadlines imposed by prior order of this Court are hereby suspended. Signed by Judge Thad Heartfield on 7/2/2013. (bjc) (Entered: 07/02/2013)
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                  Legal Document (Payment Possibly Required) 30 Filed: 6/6/2013, Entered: None Unknown Document Type
                  REPORT of Mediation by Robert A Black. Mediation result: settled(Black, Robert) (Entered: 06/06/2013)
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                    Legal Document (Payment Possibly Required) 29 Filed: 6/4/2013, Entered: None Unknown Document Type
                    Joint MOTION for Extension of Time to File Disclosure of Experts, Objections to Experts and Dispositive Motions by Aurora Trailer Leasing & Rental LLC, Ronald Clark, Falcon Transport Co.. (Attachments: # 1 Text of Proposed Order)(Adams, Kent) (Entered: 06/04/2013)
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                      Legal Document (Payment Possibly Required) 28 Filed: 6/4/2013, Entered: None Unknown Document TypeCourt Filing
                      ORDER granting 21 Motion to Dismiss. Ordered that all claims asserted against defendant Aurora Trailer Leasing & Rental are hereby dismissed. Signed by Judge Thad Heartfield on 6/4/2013. (bjc) (Entered: 06/04/2013)
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                        Legal Document (Payment Possibly Required) 27 Filed: 5/9/2013, Entered: None Unknown Document TypeCourt Filing
                        ORDERED that the Ageed Motion for extension of expert deadlines [clerk's docket #16] is granted. Ordered that the deadline for the plaintiffs to complete expert disclosures is extended to 4/22/2013. Ordered that the deadline for the defendants to complete expert disclosures is extended to 5/22/2013. Ordered that the order denying motion as moot [clerk's docket #26] is hereby vacated. Signed by Judge Thad Heartfield on 5/9/2013. (bjc) (Entered: 05/09/2013)
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                          Legal Document (Payment Possibly Required) 26 Filed: 4/30/2013, Entered: None Unknown Document TypeCourt Filing
                          ORDER denying as moot 16 Motion for extension of expert deadlines. Signed by Judge Thad Heartfield on 4/30/2013. (bjc) ***VACATED PER ORDER OF TH ON 5/9/2013.*** (Entered: 04/30/2013)
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                            Legal Document (Payment Possibly Required) 25 Filed: 4/30/2013, Entered: None Unknown Document TypeCourt Filing
                            ORDER granting 24 Motion for Extension of Time to File. Ordered that the deadline to file dispositive motions is hereby extended to May 20, 2013. ordered that the deadline to file responses to dispositive motions is hereby extended to June 3, 2013. Signed by Judge Thad Heartfield on 4/30/2013. (bjc) (Entered: 04/30/2013)
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                              Legal Document (Payment Possibly Required)  Filed: 4/24/2013, Entered: None Unknown Document Type
                              ***FILED IN ERROR. Document # 23, motion for leave to extend deadline. Duplicate document, see Document #24. PLEASE IGNORE.*** (bjc)
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                              Legal Document (Payment Possibly Required) 24 Filed: 4/24/2013, Entered: None Unknown Document Type
                              Joint MOTION for leave to extend the deadline to file/amend/ supplement dispositive motions and deadline to respond to same by Aurora Trailer Leasing & Rental LLC, Ronald Clark, Falcon Transport Co., Abba Goynes Preston, Kenneth Preston. (Attachments: # 1 Text of Proposed Order)(Fletcher, Keith) Modified on 4/24/2013 (bjc, ). (Additional attachment(s) added on 4/24/2013: # 2 Revised Proposed Order) (bjc, ). (Entered: 04/24/2013)
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                                Legal Document (Payment Possibly Required) 23 Filed: 4/24/2013, Entered: None Unknown Document Type
                                ***PLEASE IGNORE. DUPLICATE DOCUMENT SEE #24.*** Joint MOTION for Leave to File extend the deadline to file, amend, supplement dispositive motions and deadline to respond to same by Aurora Trailer Leasing & Rental LLC, Ronald Clark, Falcon Transport Co., Abba Goynes Preston, Kenneth Preston. (Fletcher, Keith) Modified on 4/24/2013 (bjc, ). (Entered: 04/24/2013)
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                                  Legal Document (Payment Possibly Required) 22 Filed: 4/22/2013, Entered: None Unknown Document Type
                                  NOTICE by Abba Goynes Preston, Kenneth Preston Notice of Filing Expert Disclosure (Fletcher, Keith) (Entered: 04/22/2013)
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                                    Legal Document (Payment Possibly Required) 21 Filed: 4/8/2013, Entered: None Unknown Document Type
                                    MOTION to Dismiss For Failure to State a Claim Upon Which Relief Can Be Granted Pursuant to FRCP 12(b)(6) by Aurora Trailer Leasing & Rental LLC. (Adams, Kent) (Additional attachment(s) added on 4/19/2013: # 1 Text of Proposed Order) (bjc, ). (Entered: 04/08/2013)
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                                      Legal Document (Payment Possibly Required) 20 Filed: 4/2/2013, Entered: None Unknown Document Type
                                      NOTICE of Discovery Disclosure by Aurora Trailer Leasing & Rental LLC, Ronald Clark, Falcon Transport Co. Supplemental Case Specific (Adams, Kent) (Entered: 04/02/2013)
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                                        Legal Document (Payment Possibly Required) 19 Filed: 4/2/2013, Entered: None Unknown Document Type
                                        NOTICE of Discovery Disclosure by Aurora Trailer Leasing & Rental LLC, Ronald Clark, Falcon Transport Co. Supplemental (Adams, Kent) (Entered: 04/02/2013)
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                                          Legal Document (Payment Possibly Required) 18 Filed: 3/25/2013, Entered: None Unknown Document Type
                                          NOTICE of initial disclosures by Abba Goynes Preston (Fletcher, Keith) (Entered: 03/25/2013)
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                                            Legal Document (Payment Possibly Required) 17 Filed: 3/22/2013, Entered: None Unknown Document Type
                                            NOTICE of initial disclosures by Aurora Trailer Leasing & Rental LLC, Ronald Clark, Falcon Transport Co. (Adams, Kent) (Entered: 03/22/2013)
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                                              Legal Document (Payment Possibly Required) 16 Filed: 3/22/2013, Entered: None Unknown Document Type
                                              MOTION for Extension of Time to Complete Discovery for Extension of Expert Deadlines by Aurora Trailer Leasing & Rental LLC, Ronald Clark, Falcon Transport Co., Abba Goynes Preston, Kenneth Preston. (Attachments: # 1 Text of Proposed Order)(Adams, Kent) (Entered: 03/22/2013)
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                                                Legal Document (Payment Possibly Required) 15 Filed: 3/6/2013, Entered: None Unknown Document TypeCourt Filing
                                                SCHEDULING ORDER: Mediation Completion due by 6/15/2013. Dispositive Motions due by 4/8/2013. Joint Proposed Pretrial Order due by 7/1/2013. Motions in Limine due by 7/1/13. Responses to Motions in Limine due by 7/8/13. Proposed jury instructions and verdict form due by 7/1/13. Date parties should be prepared to try case is 7/15/13. Signed by Judge Thad Heartfield on 3/6/13. (mrp, ) (Entered: 03/07/2013)
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                                                  Legal Document (Payment Possibly Required) 14 Filed: 12/6/2012, Entered: None Unknown Document Type
                                                  REPORT of Rule 26(f) Planning Meeting. (Attachments: # 1 Exhibit Exhibit A to the Rule 26(F) Joint Conference Report, # 2 Exhibit Exhibit B to the Rule 26(F) Joint Conference Report)(Fletcher, Keith) (Entered: 12/06/2012)
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                                                    Legal Document (Payment Possibly Required)  Filed: 12/6/2012, Entered: None Unknown Document Type
                                                    NOTICE of Deficiency regarding document# 13 Rule 26(f) confernece report submitted by Abba Goynes Preston, Kenneth Preston. Attorney signature omitted. Correction should be made by 1 business day. (bjc)
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                                                      Legal Document (Payment Possibly Required) 13 Filed: 12/6/2012, Entered: None Unknown Document Type
                                                      ***FILED IN ERROR. PLEASE IGNORE.*** REPORT of Rule 26(f) Planning Meeting. (Attachments: # 1 Exhibit A to the Rule 26(f) Joint Conference Report, # 2 Exhibit B to the Rule 26(f) Joint Conference Report, # 3 Cover Ltr to Court)(Fletcher, Keith) Modified on 12/6/2012 (bjc, ). (Entered: 12/06/2012)
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                                                        Legal Document (Payment Possibly Required) 12 Filed: 10/31/2012, Entered: None Unknown Document TypeCourt Filing
                                                        NOTICE of Hearing: Management Conference set for 12/13/2012 10:30 AM in Ctrm 1 (Beaumont) before Judge Thad Heartfield. (jmv, ) (Entered: 10/31/2012)
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                                                          Legal Document (Payment Possibly Required) 11 Filed: 10/19/2012, Entered: None Unknown Document Type
                                                          NOTICE of Discovery Disclosure by Abba Goynes Preston, Kenneth Preston (Fletcher, Keith) (Entered: 10/19/2012)
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                                                            Legal Document (Payment Possibly Required)  Filed: 10/19/2012, Entered: None Unknown Document Type
                                                            ***FILED IN ERROR. Document # 10, notice of disclosure. This contains actual disclosure which is not accepted for filing. PLEASE IGNORE.*** (bjc)
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                                                              Legal Document (Payment Possibly Required) 10 Filed: 10/18/2012, Entered: None Unknown Document Type
                                                              ***FILED IN ERROR. PLEASE IGNORE.*** NOTICE of Discovery Disclosure by Abba Goynes Preston, Kenneth Preston (Attachments: # 1 Exhibit Dirk Smith Expert Cv, # 2 Exhibit Glen Honeycutt CV, # 3 Exhibit Charles Hawkins CV, # 4 Exhibit Terry Arnold CV)(Fletcher, Keith) Modified on 10/19/2012 (bjc, ). (Entered: 10/18/2012)
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                                                                Legal Document (Payment Possibly Required) 9 Filed: 10/9/2012, Entered: None Unknown Document Type
                                                                NOTICE of Discovery Disclosure by Aurora Trailer Leasing & Rental LLC, Ronald Clark, Falcon Transport Co. (Adams, Kent) (Entered: 10/09/2012)
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                                                                  Legal Document (Payment Possibly Required) 8 Filed: 10/9/2012, Entered: None Unknown Document Type
                                                                  CORPORATE DISCLOSURE STATEMENT filed by Falcon Transport Co. (Adams, Kent) (Entered: 10/09/2012)
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                                                                    Legal Document (Payment Possibly Required) 7 Filed: 10/9/2012, Entered: None Unknown Document Type
                                                                    CORPORATE DISCLOSURE STATEMENT filed by Aurora Trailer Leasing & Rental LLC (Adams, Kent) (Entered: 10/09/2012)
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                                                                      Legal Document (Payment Possibly Required) 6 Filed: 10/9/2012, Entered: None Unknown Document Type
                                                                      First Amended ANSWER to 1 Complaint by Aurora Trailer Leasing & Rental LLC, Ronald Clark, Falcon Transport Co..(Adams, Kent) (Entered: 10/09/2012)
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                                                                        Legal Document (Payment Possibly Required) 5 Filed: 10/9/2012, Entered: None Unknown Document Type
                                                                        SUMMONS Returned Executed as to Falcon Transport Co. served on 8/30/2012, answer due 9/20/2012. (bjc) (Entered: 10/09/2012)
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                                                                          Legal Document (Payment Possibly Required) 4 Filed: 10/9/2012, Entered: None Unknown Document Type
                                                                          SUMMONS Returned Executed as to Aurora Trailer Leasing & Rental LLC served on 8/29/2012, answer due 9/19/2012. (bjc) (Entered: 10/09/2012)
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                                                                            Legal Document (Payment Possibly Required)  Filed: 9/20/2012, Entered: None Unknown Document Type
                                                                            In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice of Consent to Proceed Before Magistrate Judge. (bjc, )
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                                                                              Legal Document (Payment Possibly Required) 3 Filed: 9/19/2012, Entered: None Unknown Document Type
                                                                              ANSWER to 1 Complaint by Aurora Trailer Leasing & Rental LLC, Ronald Clark, Falcon Transport Co..(Adams, Kent) (Entered: 09/19/2012)
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                                                                                Legal Document (Payment Possibly Required) 2 Filed: 8/17/2012, Entered: None Unknown Document Type
                                                                                SUMMONS Issued as to Aurora Trailer Leasing & Rental LLC, Ronald Clark and Falcon Transport Co. and e-mailed to plas' atty for service (aam, ) (Entered: 08/17/2012)
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                                                                                  Legal Document (Payment Possibly Required)  Filed: 8/17/2012, Entered: None Unknown Document Type
                                                                                  In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice of Consent to Proceed Before Magistrate Judge. (aam, )
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                                                                                    Legal Document (Payment Possibly Required)  Filed: 8/16/2012, Entered: None Unknown Document Type
                                                                                    DEMAND for Trial by Jury by Abba Goynes Preston, Kenneth Preston. (aam, )
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                                                                                      Legal Document (Payment Possibly Required)  Filed: 8/16/2012, Entered: None Unknown Document Type
                                                                                      Case Assigned to Judge Thad Heartfield. (aam, )
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                                                                                        Legal Document (Payment Possibly Required) 1 Filed: 8/16/2012, Entered: None Unknown Document Type
                                                                                        COMPLAINT against All Defendants ( Filing fee $ 350 receipt number 0540-3731724.), filed by Abba Goynes Preston, Kenneth Preston. (Attachments: # 1 Exhibit Life Tables)(Fletcher, Keith) # 2 Civil Cover Sheet) (Entered: 08/16/2012)
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