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 33 |
Filed: 7/1/2004, Entered: 7/2/2004 |
Order |
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ORDER Dismissing this action agreed with prejudice ; each party to bear own costs and attorney's fees; entered and filed 7/1/04 (signed by Judge Raymond A. Jackson) Copies Mailed: 7/1/04. ob [EOD Date: 7/2/04] (mwin) Modified on 07/19/2004
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Filed: 7/1/2004, Entered: 7/2/2004 |
Disposable Record |
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Disposable Record (mwin)
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Filed: 7/1/2004, Entered: 7/2/2004 |
Terminated Case |
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Case closed (mwin)
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Filed: 6/14/2004, Entered: 6/15/2004 |
Notice of Settlement |
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NOTICE OF SETTLEMENT received from Kathleen M. Trimmer (mwin)
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| 32 |
Filed: 6/1/2004, Entered: 6/1/2004 |
Transcript |
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TRANSCRIPT of proceedings 5/26/04 (motion to determine standard of review and partial motion to dismiss) before Judge Raymond A. Jackson (mwin)
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| 31 |
Filed: 5/26/2004, Entered: 5/27/2004 |
Minutes-Miscellaneous |
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COURT PROCEEDINGS: RAJ, USDJ. Sharon Borden, OCR. Counsel appeared (names in the minutes). Matter came on for hearing on cross motions to determine applicable standard of review; and defendant's motion to dismiss count VI of the complaint. Argument of counsel heard. Counsel to submit simultaneous briefs addressing the issue of whether the plan administrator is A.G. Edwards, Inc. or UnumProvident; and whether the record should go beyond the administrative record. These briefs shall be received by the close of business next Friday (6/4/04). The Court GRANTS the motion to dismiss Count 6. The Court GRANTS leave to amend Count 6, within ten (10) days of today. The Court will thereafter issue an order. Court adjourned. (rlam)
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Filed: 5/26/2004, Entered: 5/27/2004 |
Set/Reset Deadlines: |
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Deadline updated; granting [12-1] motion by A.G. Edwards, Inc.to Dismiss Count VI of complaint; granting plaintiff leave to amend count VI within 10 days of 5/26/04, per court direction (set Amended Pleadings deadline to 6/10/04) (mwin)
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Filed: 5/26/2004, Entered: 5/27/2004 |
Set/Reset Deadlines: |
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Deadline updated; set Brief deadline to 6/4/04 for simultaneous briefs on issue of plan administrator (mwin)
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Filed: 5/26/2004, Entered: 5/27/2004 |
Motion Hearing |
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Motion hearing held re: [25-1] motion by Kathleen M. Trimmer to determine applicable standard of review by Kathleen M. Trimmer, [23-1] motion by Unumprovident Corp. for determination that abuse of discretion standard of review is applicable by Unumprovident Corp., [12-1] motion by A.G. Edwards, Inc.to Dismiss Count VI of complaint by A.G. Edwards, Inc. (rlam)
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Filed: 5/20/2004, Entered: 5/20/2004 |
Motion Hearing |
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Motion hearing [25-1] motion by Kathleen M. Trimmer to determine applicable standard of review set at 3:30 5/26/04, [23-1] motion by Unumprovident Corp. for determination that abuse of discretion standard of review is applicable set at 3:30 5/26/04, [12-1] motion by A.G. Edwards, Inc.to Dismiss Count VI of complaint set at 3:30 5/26/04 before Judge Raymond A. Jackson (mwin)
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| 30 |
Filed: 4/23/2004, Entered: 4/23/2004 |
Order |
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ORDER, agreed, extending disclosure deadlines (See order for specifics); extending plaintiff's and defendant's discovery deadline to 6/18/04 ; directing that all deadlines, dates, and mandates not expressly addressed herein shall remain as expressed in 2/9/04 Rule 16(b) Scheduling Order; entered 4/22/04; filed 4/23/04 (signed by Mag Judge James E. Bradberry) Copies Mailed: 4/23/04 [EOD Date: 4/23/04] (mwin)
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| 29 |
Filed: 4/2/2004, Entered: 4/5/2004 |
Reply to Response to Motion |
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REPLY by Unumprovident Corp. to response to [23-1] motion by Unumprovident Corp. for determination that abuse of discretion standard of review is applicable, received (mwin)
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| 28 |
Filed: 3/23/2004, Entered: 3/25/2004 |
Memorandum in Opposition |
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MEMORANDUM by A.G. Edwards, Inc., Unumprovident Corp., A.G. Edwards Group in opposition to [25-1] motion by Kathleen M. Trimmer to determine applicable standard of review, received (mwin)
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| 27 |
Filed: 3/23/2004, Entered: 3/25/2004 |
Memorandum in Opposition |
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MEMORANDUM by Kathleen M. Trimmer in opposition to [23-1] motion by Unumprovident Corp. for determination that abuse of discretion standard of review is applicable, received (mwin)
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Filed: 3/23/2004, Entered: 3/25/2004 |
Set/Reset Deadlines: |
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Deadline updated; Reply to Response to Motion reset to 3/29/04 for [25-1] motion by Kathleen M. Trimmer to determine applicable standard of review (mwin)
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Filed: 3/23/2004, Entered: 3/25/2004 |
Set/Reset Deadlines: |
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Deadline updated; Reply to Response to Motion reset to 3/29/04 for [23-1] motion by Unumprovident Corp. for determination that abuse of discretion standard of review is applicable (mwin)
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| 26 |
Filed: 3/12/2004, Entered: 3/15/2004 |
Memorandum in Support |
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MEMORANDUM by Kathleen M. Trimmer in support of [25-1] motion by Kathleen M. Trimmer to determine applicable standard of review, received (mwin)
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| 25 |
Filed: 3/12/2004, Entered: 3/15/2004 |
Motion for Miscellaneous Relief |
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MOTION by Kathleen M. Trimmer to determine applicable standard of review (mwin)
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| 24 |
Filed: 3/12/2004, Entered: 3/15/2004 |
Memorandum in Support |
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MEMORANDUM by Unumprovident Corp. in support of [23-1] motion by Unumprovident Corp. for determination that abuse of discretion standard of review is applicable, received (mwin)
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| 23 |
Filed: 3/12/2004, Entered: 3/15/2004 |
Motion for Miscellaneous Relief |
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MOTION by Unumprovident Corp. for determination that abuse of discretion standard of review is applicable (mwin)
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Filed: 3/12/2004, Entered: 3/15/2004 |
Set/Reset Deadlines: |
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Deadline updated; Response to Motion reset to 3/26/04 for [25-1] motion by Kathleen M. Trimmer to determine applicable standard of review, reset to 3/26/04 for [23-1] motion by Unumprovident Corp. for determination that abuse of discretion standard of review is applicable (mwin)
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| 22 |
Filed: 2/9/2004, Entered: 2/10/2004 |
Order |
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Rule 16(b) Scheduling Order: Trial set for 10:00 am on 7/22/04 in Norfolk. Trial by jury has been demanded, however, counsel agree that the case may be tried without a jury and executed, at the 16(b) conference, a withdrawal of demand for jury. Proposed findings of fact and conclusions of law shall be delivered to the Clerk on or before July 15, 2004. With the agreement of counsel, the motion to strik plaintiff's jury demand, filed on November 28, 2003, is withdrawn. Discovery by plaintiff(s) due on or before 05/13/04 and by defendant(s) on or before 06/10/04; final pretrial conference shall be held at 06/30/04 at 10:00 am; entered 02/05/04; filed 02/09/04; ( signed by Magistrate Judge James E. Bradberry ) Copies Mailed: 02/09/04 (cdod)
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Filed: 2/9/2004, Entered: 2/11/2004 |
Set/Reset Deadlines: |
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Deadline updated; mooting [9-1] motion by Unumprovident Corp. to Strike plaintiff's jury demand (mwin)
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| 21 |
Filed: 2/5/2004, Entered: 2/9/2004 |
Notice |
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NOTICE of withdrawal of jury demand, by Kathleen M. Trimmer (clerk)
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Filed: 2/5/2004, Entered: 2/10/2004 |
Discovery Hearing |
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16(b) Conference held (cdod)
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| 20 |
Filed: 2/3/2004, Entered: 2/4/2004 |
Reply to Response to Motion |
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REPLY by A.G. Edwards, Inc. to response to [12-1] motion by A.G. Edwards, Inc.to Dismiss Count VI of complaint, received (mwin)
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| 19 |
Filed: 1/27/2004, Entered: 1/28/2004 |
Memorandum in Opposition |
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MEMORANDUM by Kathleen M. Trimmer in opposition to [12-1] motion by A.G. Edwards, Inc.to Dismiss Count VI of complaint, received (mwin)
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Filed: 1/27/2004, Entered: 1/28/2004 |
Set/Reset Deadlines: |
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Deadline updated; Reply to Response to Motion set to 2/2/04 for [12-1] motion by A.G. Edwards, Inc.to Dismiss Count VI of complaint (mwin)
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| 18 |
Filed: 1/15/2004, Entered: 1/15/2004 |
Order |
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ORDER: 26(f) attorneys' conference set 1/26/04; 16(b) scheduling conference set 9:15, 2/5/04; entered 1/15/04; and filed 1/15/04 ( signed by Magistrate Judge James E. Bradberry ) Copies Mailed: 1/15/04 (mwin)
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Filed: 1/12/2004, Entered: 1/12/2004 |
Miscellaneous Document |
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Referred for 16(b) Conference (mwin)
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| 17 |
Filed: 1/8/2004, Entered: 1/9/2004 |
Order |
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ORDER, agreed, enlarging time to 1/26/04 for plaintiff to serve reply to [12-1] motion by A.G. Edwards, Inc.to dismiss Count VI ; enlarging to 2/2/04 for defendant A.G. Edwards, Inc. to serve rebuttal brief to plaintiff's reply to [12-1] motion by A.G. Edwards, Inc.to dismiss Count VI ; entered 1/7/04; filed 1/8/04 (signed by Judge Raymond A. Jackson) Copies Mailed: 1/8/04 [EOD Date: 1/9/04] (mwin)
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| 16 |
Filed: 1/6/2004, Entered: 1/6/2004 |
Order |
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ORDER, agreed, dismissing Count V of complaint without prejudice ; entered 1/5/04; filed 1/6/04 (signed by Judge Raymond A. Jackson) Copies Mailed: 1/5/04 [EOD Date: 1/6/04] (mwin)
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Filed: 1/6/2004, Entered: 2/4/2004 |
Set/Reset Deadlines: |
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Deadline updated; mooting [7-1] motion by Unumprovident Corp. to Dismiss Count V of complaint (mwin)
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| 15 |
Filed: 12/31/2003, Entered: 12/31/2003 |
Notice |
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Letter notice of agreement for bench trial, not jury trial, by A.G. Edwards, Inc., Unumprovident Corp., A.G. Edwards Group (mwin)
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| 14 |
Filed: 12/29/2003, Entered: 12/31/2003 |
Answer |
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ANSWER to Complaint by A.G. Edwards, Inc., A.G. Edwards Group (Attorney David Edward Constine III, Kimberly W. Daniel) (certificate of service date 12/24/03) (mwin)
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| 13 |
Filed: 12/24/2003, Entered: 12/29/2003 |
Memorandum in Support |
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MEMORANDUM by A.G. Edwards, Inc. in support of [12-1] motion by A.G. Edwards, Inc.to Dismiss Count VI of complaint, received (mwin)
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| 12 |
Filed: 12/24/2003, Entered: 12/29/2003 |
Motion to Dismiss |
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MOTION by A.G. Edwards, Inc.to Dismiss Count VI of complaint (mwin)
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Filed: 12/24/2003, Entered: 12/29/2003 |
Set/Reset Deadlines: |
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Deadline updated; Response to Motion reset to 1/6/04 for [12-1] motion by A.G. Edwards, Inc.to Dismiss Count VI of complaint (mwin)
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Filed: 12/23/2003, Entered: 12/29/2003 |
Notice |
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NOTICE of plaintiff's withdrawal of request for jury trial by Kathleen M. Trimmer (mwin)
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| 10 |
Filed: 11/28/2003, Entered: 12/2/2003 |
Memorandum in Support |
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MEMORANDUM by Unumprovident Corp. in support of [9-1] motion by Unumprovident Corp. to Strike plaintiff's jury demand, received (mwin)
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Filed: 11/28/2003, Entered: 12/2/2003 |
Motion to Strike |
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MOTION by Unumprovident Corp. to Strike plaintiff's jury demand (mwin)
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Filed: 11/28/2003, Entered: 12/2/2003 |
Memorandum in Support |
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MEMORANDUM by Unumprovident Corp. in support of [7-1] motion by Unumprovident Corp. to Dismiss Count V of complaint, received (mwin)
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| 7 |
Filed: 11/28/2003, Entered: 12/2/2003 |
Motion to Dismiss |
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MOTION by Unumprovident Corp. to Dismiss Count V of complaint (mwin)
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Filed: 11/28/2003, Entered: 12/2/2003 |
Answer |
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ANSWER to Complaint by Unumprovident Corp. (served 11/26/03)(mwin) Modified on 12/02/2003
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Filed: 11/28/2003, Entered: 12/2/2003 |
Financial Disclosure Statement |
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Financial Interest Disclosure Statement (Local Rule 7.1) by Unumprovident Corp. (mwin)
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Filed: 11/28/2003, Entered: 12/2/2003 |
Set/Reset Deadlines: |
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Deadline updated; Response to Motion set to 12/10/03 for [9-1] motion by Unumprovident Corp. to Strike plaintiff's jury demand, set to 12/10/03 for [7-1] motion by Unumprovident Corp. to Dismiss Count V of complaint (14 days from 11/26/03 cert. of service date) (mwin)
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| 4 |
Filed: 11/21/2003, Entered: 11/24/2003 |
Order |
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ORDER, agreed, enlarging time to 11/26/03 for Unumprovident Corp. to serve responsive pleadings ; entered and filed 11/21/03 (signed by Judge Raymond A. Jackson) Copies Mailed: 11/24/03 [EOD Date: 11/24/03] (mwin)
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| 3 |
Filed: 11/12/2003, Entered: 11/13/2003 |
Waiver of Service Executed |
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WAIVER OF SERVICE Returned Executed as to A.G. Edwards, Inc., A.G. Edwards Group 10/25/03. Answer due on 12/24/03 for A.G. Edwards Group, for A.G. Edwards, Inc. (mwin)
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Filed: 10/27/2003, Entered: 10/28/2003 |
Summons Returned Executed |
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SUMMONS Returned Executed as to Unumprovident Corp. on 10/24/03; Answer due on 11/13/03 for Unumprovident Corp. (clerk)
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Filed: 10/20/2003, Entered: 10/20/2003 |
Complaint |
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COMPLAINT, Filing Fee $ 150.00 Receipt # 40982; jury demand (jcow)
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Filed: 10/20/2003, Entered: 10/20/2003 |
Summons Issued |
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SUMMONSES with one certified copy issued for A.G. Edwards, Inc., Unumprovident Corp., A.G. Edwards Group, mag notice and provided to counsel (jcow)
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Filed: 10/20/2003, Entered: 10/20/2003 |
Set/Clear Flags |
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Jury Trial Flag (jcow)
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Filed: 10/20/2003, Entered: 10/20/2003 |
Miscellaneous Document |
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CASE REFERRED to Magistrate Judge James E. Bradberry (jcow)
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