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 43 |
Filed: 3/9/2007, Entered: 3/12/2007 |
Order |
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ORDER that this case is STRICKEN from the active docket (See order for details). Signed by Judge Claude M. Hilton on 3/9/2007. (stas)
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| 42 |
Filed: 7/10/2006, Entered: 7/11/2006 |
Order |
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CONSENT ORDER STAYING CASE that the above captioned matter is hereby STAYED pending the final determination in the Texas Lawsuit of all factual issues related to Air Duct's alleged status as alter ego of Deft Texas Tin Shop, Inc.; upon the final determination of those factual issues, any party in the above captioned matter may move this Court for entry of Judgment in accordance with those findings of fact; within five (5) after entry of this Order, Air Duct shall furnish security in the amount of Ten Thousand Dollars ($10,000) in its discretion as to form (i) a bond issued by a U.S. Treasury-listed surety, by the terms of which Air Duct is the Principal, and Pltfs in the above captioned matter are the obligees, or (ii) an irrevocable letter of credit from a chartered bank under which Pltfs in the above captioned matter are the listed beneficiaries, conditioned upon the entry of final judgment in their favor in the above captioned matter, or (iii) a cash deposit into Air Duct's counsel's client trust account, payable to Pltfs upon entry of final judgment in their favor in the above captioned matter; in the event that Pltfs prevail in the above captioned matter, the sum of $10,000, or the actual amount of judgment entered against Air Duct, including costs, attorney's fees and interest, which ever is less, shall be paid over to Pltfs; in the event that this Court determines that Air Duct is not the alter ego of Texas Tin Shop, Inc., the security established above shall be released to the appropriate party (see Order for details). Signed by Judge Claude M. Hilton on 07/10/06. Copies mailed: yes (pmil)
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Filed: 7/6/2006, Entered: 7/6/2006 |
Remark |
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Per CMH chambers motions set for 7/7/06 on papers (clar, )
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| 41 |
Filed: 6/30/2006, Entered: 7/3/2006 |
Notice of Hearing on Motion |
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NOTICE of Hearing on Motion [40] Joint MOTION to Stay case pending factual determination on Texas Litigation : Motion Hearing set for 7/7/2006 10:00 AM before District Judge Claude M. Hilton. (clar, )
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| 40 |
Filed: 6/30/2006, Entered: 7/3/2006 |
Motion to Stay |
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Joint MOTION to Stay case pending factual determination on Texas Litigation by National Stabilization Agreement of the Sheet Metal Industry Trust Fund, Sheet Metal Workers' National Pension Fund, International Training Institute for the Sheet Metal and Air Conditioning Industry, Texas Air Duct Systems, Inc., National Energy Management Institute Committee, Sheet Metal Occupational Health Institute Trust Fund, Texas Tin Shop, Inc. (clar, )
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| 39 |
Filed: 5/11/2006, Entered: 5/15/2006 |
Report and Recommendations |
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REPORT AND RECOMMENDATIONS re: ex parte hearing on proof of damages against the defaulting deft Texas Tin Shop, Inc. and [14] MOTION for Default Judgment filed by National Stabilization Agreement of the Sheet Metal Industry Trust Fund Sheet Metal Workers' National Pension Fund, International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee, Sheet Metal Occupational Health Institute Trust Fund; Objections to R&R due by 5/25/2006. Signed by Judge Theresa Carroll Buchanan on 05/11/06. Copies mailed: yes (pmil)
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| 38 |
Filed: 4/14/2006, Entered: 4/14/2006 |
Answer to Amended Complaint |
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AMENED ANSWER to Amended Complaint by Texas Air Duct Systems, Inc.(kbar )
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| 37 |
Filed: 4/13/2006, Entered: 4/14/2006 |
Order on Motion to Amend/Correct |
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ORDER granting [35] Motion to Amend Answer . Signed by Judge Theresa Carroll Buchanan on 04/13/06. Copies mailed. (kbar)
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| -- |
Filed: 4/7/2006, Entered: 4/7/2006 |
Motion Hearing |
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Minute Entry for proceedings held before Judge Theresa Carroll Buchanan : Motion Hearing held on 4/7/2006 re [19] Request for Entry of Default by National Stabilization Agreement of the Sheet Metal Industry Trust Fund, Sheet Metal Workers' National Pension Fund, International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy filed by National Stabilization Agreement of the Sheet Metal Industry Trust Fund,, Sheet Metal Workers' National Pension Fund,, International Training Institute for the Sheet Metal and Air Conditioning Industry,, National Energy Management Institute Committee,, Sheet Metal Occupational Health Institute Trust Fund,. Appearances: Counsel for Pltf. Matter uncontested and taken under consideration by the Court. (Tape #FTR.) (agol, )
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| 36 |
Filed: 4/5/2006, Entered: 4/5/2006 |
Notice of Hearing on Motion |
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NOTICE of Hearing on Motion [35] Unopposed MOTION to Amend [30] Answer to Amended Complaint: Motion Hearing set for 4/14/2006 10:00 AM before Magistrate Judge Theresa Carroll Buchanan. (clar, )
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| 35 |
Filed: 4/5/2006, Entered: 4/5/2006, Terminated: 4/13/2006 |
Motion to Amend/Correct |
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Unopposed MOTION to Amend [30] Answer to Amended Complaint by Texas Air Duct Systems, Inc. (clar, )
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| 34 |
Filed: 3/22/2006, Entered: 3/24/2006 |
Order Rule 16(b) Scheduling Order |
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Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that the proposed joint report of Rule 26(f) Meeting is approved and shall control discovery to the extent of its application unless modified by the Court.. Signed by Judge Theresa Carroll Buchanan on 03/22/06. Copies sent.(ctat, )
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| 33 |
Filed: 3/17/2006, Entered: 3/17/2006 |
Discovery Plan |
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REPORT OF RULE 26(f) MEETING/Discovery Plan by National Stabilization Agreement of the Sheet Metal Industry Trust Fund, Sheet Metal Workers' National Pension Fund, International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee, Sheet Metal Occupational Health Institute Trust Fund, Texas Tin Shop, Inc.(pmil)
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| 32 |
Filed: 3/10/2006, Entered: 3/13/2006 |
Order |
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ORDER that this case is set for a hearing on ex parte proof of damages as to deft Texas Tin Shop, Inc. only, on Friday, 4/7/2006 at 10:00 AM before Magistrate Judge Theresa Carroll Buchanan. Signed by Judge Theresa Carroll Buchanan on 03/10/06. Copies mailed: yes (pmil)
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| 31 |
Filed: 3/9/2006, Entered: 3/10/2006 |
Scheduling Order |
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SCHEDULING ORDER: Initial Pretrial Conference set for 3/22/2006 10:00 AM before Magistrate Judge Theresa Carroll Buchanan. Final Pretrial Conference set for 7/20/2006 10:00 AM before District Judge Claude M. Hilton. Discovery due by 7/14/2006. Signed by Judge Claude M. Hilton on 03/09/06. Copies mailed: yes (pmil)
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| 30 |
Filed: 2/6/2006, Entered: 2/6/2006 |
Answer to Amended Complaint |
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ANSWER to Amended Complaint by Texas Air Duct Systems, Inc.(agil)
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Filed: 1/20/2006, Entered: 1/23/2006 |
Order on Motion to Dismiss |
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ORDER DENYING [11] Motion to Dismiss Complaint, or in the alternative, [12] Motion to Transfer Venue to Texas. Signed by Judge Claude M. Hilton on 01/20/06. Copies mailed: yes (pmil) Additional attachment(s) added on 1/26/2006 (pmil, ).
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| 27 |
Filed: 1/20/2006, Entered: 1/23/2006 |
Motion for Leave to File |
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MOTION for Leave to File Sur-Reply by National Stabilization Agreement of the Sheet Metal Industry Trust Fund, Sheet Metal Workers' National Pension Fund, International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee, Sheet Metal Occupational Health Institute Trust Fund. (pmil)
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| 29 |
Filed: 1/19/2006, Entered: 1/23/2006 |
Objection |
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Objections to [24] REPORT AND RECOMMENDATIONS on [14] MOTION for Default Judgment as to Texas Tin Shop, Inc. filed by National Stabilization Agreement of the Sheet Metal Industry Trust Fund, Sheet Metal Workers' National Pension Fund, International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee, Sheet Metal Occupational Health Institute Trust Fund. (pmil)
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| -- |
Filed: 1/19/2006, Entered: 1/19/2006 |
Remark |
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Per CMH chambers motions set for 1/20/06 on papers (clar, )
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| 26 |
Filed: 1/18/2006, Entered: 1/18/2006 |
Reply to Response to Motion |
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REPLY to Response to Motion re [12] MOTION to Transfer Venue filed by Texas Air Duct Systems, Inc. (clar, )
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| 25 |
Filed: 1/13/2006, Entered: 1/18/2006 |
Memorandum in Opposition |
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Memorandum of law in Opposition to [11] MOTION to Dismiss complaint, [12] MOTION to Transfer Venue filed by National Stabilization Agreement of the Sheet Metal Industry Trust Fund, Sheet Metal Workers' National Pension Fund, International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee, Sheet Metal Occupational Health Institute Trust Fund. (clar, )
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| 24 |
Filed: 1/12/2006, Entered: 1/12/2006, Terminated: 3/9/2007 |
Report and Recommendations |
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REPORT AND RECOMMENDATIONS re [14] MOTION for Default Judgment as to filed by National Stabilization Agreement of the Sheet Metal Industry Trust Fund, Sheet Metal Workers' National Pension Fund, International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee, Sheet Metal Occupational Health Institute Trust Fund, Objections to R&R due by 1/27/2006. (File Sent to CMH) Signed by Judge Theresa Carroll Buchanan on 1/12/06. (nhall, )
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| -- |
Filed: 1/6/2006, Entered: 1/6/2006 |
Motion Hearing |
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MOTION Hearing held before Magistrate Judge Barry R. Poretz on 1/6/2006. Appearances: No appearance of Counsel. This matter came on for Pltf's Motion for Default Judgment - No appearance of Counsel. Matter not heard. (FTR) (jsch)
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| -- |
Filed: 1/5/2006, Entered: 1/5/2006 |
Set/Reset Hearings |
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Per TCB Chambers Reset Hearings: Default Judgment Hearing reset for 1/6/2006 at 10:00 AM before Magistrate Judge Barry R. Poretz. (stas)
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| -- |
Filed: 1/5/2006, Entered: 1/5/2006 |
set motion and R&R; deadlines/hearings |
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Per TCB Chambers Reset Deadlines as to [14]MOTION for Default Judgment as to Texas Tin Shop, Inc. by National Stabilization Agreement of the Sheet Metal Industry Trust Fund, Sheet Metal Workers' National Pension Fund, International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee, Sheet Metal Occupational Health Institute Trust Fund. Motion Hearing reset for 1/6/2006 at 10:00 AM before Magistrate Judge Barry R. Poretz. (stas)
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| 23 |
Filed: 1/4/2006, Entered: 1/6/2006 |
Order for Pro hac vice |
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ORDER for Pro hac vice as to Shelley Ruth Goldner Filing fee $ 50.00, receipt number 100 184993. Signed by Judge Claude M. Hilton on 01/04/06. Copies mailed: yes (pmil)
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| 22 |
Filed: 1/3/2006, Entered: 1/4/2006 |
Order on Motion to Continue |
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ORDER that the Hearing on Deft Texas Air Duct Systems, Inc.'s Motion to Dismiss Complaint or in the Alternative to Transfer Venue scheduled for Friday, 01/06/06 at 10:00 a.m. is hereby CONTINUED for a period of fourteen days and rescheduled to be held on 01/20/06 at 10:00 a.m.; Pltf's response to Deft's Motion to Dismiss Complaint or in the Alternative to Transfer Venue is hereby extended to 01/12/06. Signed by Judge Claude M. Hilton on 01/03/06. Copies mailed: yes (pmil)
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| -- |
Filed: 1/3/2006, Entered: 1/4/2006 |
set motion and R&R; deadlines/hearings |
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Reset Deadlines as to [12] MOTION to Transfer Case, [11] MOTION to Dismiss. Motion Hearing set for 1/20/2006 10:00 AM before District Judge Claude M. Hilton. (pmil)
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| 21 |
Filed: 12/30/2005, Entered: 12/30/2005 |
Clerks Entry of Default* |
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Clerk's ENTRY OF DEFAULT as to Texas Tin Shop, Inc. (pmil)
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| 20 |
Filed: 12/23/2005, Entered: 12/28/2005 |
Affidavit |
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AFFIDAVIT of David S. Bahuriak, Jr. in Suppport of [19] Request for Entry of Default by National Stabilization Agreement of the Sheet Metal Industry Trust Fund, Sheet Metal Workers' National Pension Fund, International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee, Sheet Metal Occupational Health Institute Trust Fund. (pmil)
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| 19 |
Filed: 12/23/2005, Entered: 12/28/2005 |
Request for Entry of Default |
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Request for Entry of Default by National Stabilization Agreement of the Sheet Metal Industry Trust Fund, Sheet Metal Workers' National Pension Fund, International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee, Sheet Metal Occupational Health Institute Trust Fund as to Texas Tin Shop, Inc. (pmil)
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| 18 |
Filed: 12/23/2005, Entered: 12/28/2005 |
Motion for Extension of Time to File Response/Repl |
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UNOPPOSED MOTION to Extend Pltfs' Response Time to Deft's Motion to 01/12/06 by National Stabilization Agreement of the Sheet Metal Industry Trust Fund, Sheet Metal Workers' National Pension Fund, International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee, Sheet Metal Occupational Health Institute Trust Fund. (pmil)
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| 17 |
Filed: 12/23/2005, Entered: 12/28/2005 |
Motion to Continue |
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UNOPPOSED MOTION for Continuance of Hearing on Motion to Dismiss Complaint or in the Alternative to Transfer Venue scheduled for 01/06/06 at 10:00 a.m. to 01/20/06 at 10:00 a.m. by National Stabilization Agreement of the Sheet Metal Industry Trust Fund, Sheet Metal Workers' National Pension Fund, International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee, Sheet Metal Occupational Health Institute Trust Fund. (pmil)
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| 16 |
Filed: 12/23/2005, Entered: 12/27/2005 |
Notice of Hearing on Motion |
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NOTICE of Hearing on Motion [14] MOTION for Default Judgment as to Texas Tin Shop, Inc.: Motion Hearing set for 1/6/2006 10:00 AM before Magistrate Judge Theresa Carroll Buchanan. (clar, )
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| 15 |
Filed: 12/23/2005, Entered: 12/27/2005 |
Memorandum in Support |
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Memorandum of law in Support of [14] MOTION for Default Judgment as to Texas Tin Shop, Inc. filed by National Stabilization Agreement of the Sheet Metal Industry Trust Fund, Sheet Metal Workers' National Pension Fund, International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee, Sheet Metal Occupational Health Institute Trust Fund (large pleading) (clar, )
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| 14 |
Filed: 12/23/2005, Entered: 12/27/2005 |
Motion for Default Judgment |
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MOTION for Default Judgment as to Texas Tin Shop, Inc. by National Stabilization Agreement of the Sheet Metal Industry Trust Fund, Sheet Metal Workers' National Pension Fund, International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee, Sheet Metal Occupational Health Institute Trust Fund. (clar, )
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Filed: 12/23/2005, Entered: 12/27/2005 |
Motions Referred |
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MOTIONS [14] MOTION for Default Judgment as to Texas Tin Shop, Inc. REFERRED to Judge Buchanan. (clar, )
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| 13 |
Filed: 12/15/2005, Entered: 12/16/2005 |
Notice of Hearing on Motion |
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NOTICE of Hearing on Motion [12] MOTION to Transfer Case, [11] MOTION to Dismiss: Motion Hearing set for 1/6/2006 10:00 AM before Honorable District Claude M. Hilton. (agil)
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| 12 |
Filed: 12/15/2005, Entered: 12/16/2005 |
Motion to Transfer Case |
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MOTION in the Alternative to Transfer Venue by Texas Air Duct Systems, Inc. (agil)
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| 11 |
Filed: 12/15/2005, Entered: 12/16/2005, Terminated: 1/20/2006 |
Motion to Dismiss |
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MOTION to Dismiss Complaint by Texas Air Duct Systems, Inc. (agil)
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| 10 |
Filed: 12/9/2005, Entered: 12/12/2005 |
Order |
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ORDER that this case is set for a hearing on ex parte proof of damages Friday, 1/6/2006 at 10:00 AM before Honorable Magistrate Theresa Carroll Buchanan. Signed by Judge Claude M. Hilton on 12/09/05. Copies mailed: yes (pmil)
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| -- |
Filed: 12/2/2005, Entered: 12/2/2005 |
So Ordered |
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So Ordered: re: [9] Stipulation extending defts' deadline to file responsive pleadings to pltfs' amended complaint to 12/15/05 filed by National Stabilization Agreement of the Sheet Metal Industry Trust Fund, Sheet Metal Workers' National Pension Fund, International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee, Sheet Metal Occupational Health Institute Trust Fund, Texas Air Duct Systems, Inc. Signed by Judge Theresa Carroll Buchanan on 12/02/05. Copies mailed: yes (pmil)
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| 9 |
Filed: 12/1/2005, Entered: 12/1/2005 |
Stipulation |
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STIPULATION to the extension of 12/15/05 of Deft's deadline for filing responsive pleadings to Pltfs' Amended Complaint by National Stabilization Agreement of the Sheet Metal Industry Trust Fund, Sheet Metal Workers' National Pension Fund, International Training Institute for the Sheet Metal and Air Conditioning Industry, Texas Air Duct Systems, Inc., National Energy Management Institute Committee, Sheet Metal Occupational Health Institute Trust Fund. (pmil)
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| 8 |
Filed: 11/25/2005, Entered: 11/29/2005 |
Summons Returned Executed |
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Affidavit of Service Returned Executed Texas Air Duct Systems, Inc. served on 11/11/2005, answer due 12/1/2005. (nhall, )
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| 7 |
Filed: 11/25/2005, Entered: 11/29/2005 |
Summons Returned Executed |
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Affidavit of Service Returned Executed Texas Tin Shop, Inc. served on 11/11/2005, answer due 12/1/2005. (nhall, )
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| -- |
Filed: 10/27/2005, Entered: 10/27/2005 |
Summons Issued |
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AMENDED COMPLAINT Summons Issued as to Texas Air Duct Systems, Inc., Texas Tin Shop, Inc. (pmil)
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| 6 |
Filed: 10/24/2005, Entered: 10/27/2005 |
Amended Complaint |
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AMENDED COMPLAINT against Texas Air Duct Systems, Inc., Texas Tin Shop, Inc., filed by National Stabilization Agreement of the Sheet Metal Industry Trust Fund, Sheet Metal Workers' National Pension Fund, International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee, Sheet Metal Occupational Health Institute Trust Fund.(pmil)
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| 5 |
Filed: 10/13/2005, Entered: 10/17/2005 |
Order |
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ORDERED that the hearing on ex parte proof of damages be removed from the docket for October 14, 2005. It is FURTHER OREDERED that plaintiff's amended complaint must be received by this Court within 10 days of the date of this order. Signed by Judge Theresa Carroll Buchanan on 10/13/05. (nhall, )
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| -- |
Filed: 10/13/2005, Entered: 10/13/2005 |
Remark |
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Per TCB chambers motions set for 10/14/05 has been removed (clar, )
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| Save 25% on a pre-paid one year subscription. |
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| 4 |
Filed: 9/16/2005, Entered: 9/19/2005 |
Order |
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ORDER that this case is set for a hearing on ex parte proof of damages/ Default Hearing on Friday, 10/14/2005 10:00 AM before Honorable Magistrate Theresa Carroll Buchanan. Signed by Judge Claude M. Hilton on 09/16/05. Copies mailed: yes (pmil)
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| 3 |
Filed: 5/5/2005, Entered: 5/5/2005 |
Summons Returned Executed |
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SUMMONS Returned Executed by National Stabilization Agreement of the Sheet Metal Industry Trust Fund, Sheet Metal Workers' National Pension Fund, International Training Institute for the Sheet Metal and Air Conditioning Industry, National Energy Management Institute Committee, Sheet Metal Occupational Health Institute Trust Fund. Texas Tin Shop, Inc. served on 4/29/2005, answer due 5/19/2005. (pmil, )
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Filed: 4/19/2005, Entered: 4/19/2005 |
Summons Issued |
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SUMMONS(ES) issued and sent to atty for service by SPS as to Texas Tin Shop, Inc. (otho)
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| 2 |
Filed: 4/18/2005, Entered: 4/19/2005 |
Financial Disclosure Statement |
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Financial Interest Disclosure Statement (Local Rule 7.1) by Nat'l Stabilization, Sheet Metal Workers', Intl Trng Institute, Natl Energy Mgmt and Sheet Mtl Occ Health (otho)
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| 1 |
Filed: 4/18/2005, Entered: 4/19/2005 |
Complaint |
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COMPLAINT Filing Fee $ 250.00 Receipt # 100 179912 (otho)
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Filed: 4/18/2005, Entered: 4/19/2005 |
Miscellaneous Document |
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CASE REFERRED to Mag Judge Theresa C. Buchanan (otho)
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