Plazzi et al v. Fedex Ground Package System, Inc.
| Massachusetts District Court | |
| Judge: | Denise J Casper |
| Case #: | 1:21-cv-12130 |
| Nature of Suit | 790 Labor - Other Labor Litigation |
| Cause | 28:1441 Notice of Removal |
| Case Filed: | Dec 27, 2021 |
| Terminated: | Apr 13, 2022 |
| Case in other court: | Middlesex Superior Court, 2181CV02611 |
| Last checked: Saturday Jun 25, 2022 5:25 AM EDT |
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Defendant
Fedex Ground Package System, Inc.
Fisher & Phillips 200 State Street 7th Floor
Boston, MA 02109 |
Represented By
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Plaintiff
Tulio Brito Costa
Lichten & Liss-Riordan 729 Boylston Street Suite 2000
Boston, MA 02116 |
Represented By
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Plaintiff
Matheus Plazzi
Lichten & Liss-Riordan, P.C. 729 Boylston Street Suite 2000
Boston, MA 02116 |
Represented By
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Plaintiff
Joshua Prescott
Lichten & Liss-Riordan 729 Boylston Street Suite 2000
Boston, MA 02116 |
Represented By
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GPO
Apr 13 2022
Judge Denise J. Casper: ORDER entered. MEMORANDUM AND ORDER - The Court ALLOWS FedEx's motion to dismiss, D. 9.(Hourihan, Lisa) |
| Docket last updated: 7 hours ago |
| Thursday, January 19, 2023 | ||
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pgs
order
Order of Remand to State Court
Thu 01/19 9:58 AM
Judge Denise J. Casper: ORDER entered. ORDER OF REMAND to the State Court(Hourihan, Lisa) |
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order
Order on Motion to Withdraw as Attorney
Thu 01/19 9:54 AM
Judge Denise J. Casper: ELECTRONIC ORDER entered granting36 Motion to Withdraw as Attorney. Attorney Brian T. Ruocco terminated (Hourihan, Lisa) |
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order
Order
Thu 01/19 9:52 AM
Judge Denise J. Casper: ELECTRONIC ORDER entered. D. 33, 34: In light of the First Circuit's decision affirming this Court's ruling, but remanding to determine if remand to state court was warranted, D. 29 at 2-3, the Court solicited briefing from the parties regarding same. D. 32. Having received and reviewed those supplemental briefs, D. 33-34, the Court REMANDS this matter to state court. Although it may well be that such remand proves futile for the reasons previously articulated, D. 22 affirmed by D. 29, the Court cannot "say with absolute certainty that remand would prove futile," Hudson Sav. Bank v. Austin , 479 F.3d 102, 108-09 & n.5 (1st Cir. 2007); Plazzi v. Fedex Ground Package Sys., Inc. , 52 F.4th 1, 7-8 & n.7 (1st Cir. 2022); D. 29 at 14 & n.7, and, therefore, the Court remands to state court. To the extent that Plaintiff sought attorney's fees, D. 33 at 3, that motion is denied.(Hourihan, Lisa) |
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| Thursday, January 12, 2023 | ||
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motion
Withdraw as Attorney
Thu 01/12 12:21 PM
MOTION to Withdraw as Attorney of Record (Brian T. Ruocco) by Fedex Ground Package System, Inc..(Ruocco, Brian) |
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| Tuesday, December 27, 2022 | ||
| 35 | 35
appeal
USCA Order
Tue 12/27 10:13 AM
USCA TAXATION OF COSTS as to24 Notice of Appeal, filed by Joshua Prescott, Matheus Plazzi, Tulio Brito Costa (Paine, Matthew) |
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| Thursday, December 22, 2022 | ||
| 34 | 34
respm
Opposition to Motion
Thu 12/22 6:04 PM
Opposition re33 Supplemental MOTION to Remand PLAINTIFFS MEMORANDUM REGARDING REMAND filed by Fedex Ground Package System, Inc.. (Ruocco, Brian) |
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| Friday, December 09, 2022 | ||
| 33 | 33
motion
Remand
Fri 12/09 10:57 AM
Plaintiff's Memorandum regarding Remand by Tulio Brito Costa, Matheus Plazzi, Joshua Prescott.(Liss-Riordan, Shannon) Modified on 12/9/2022 to adjust event used and docket text (Currie, Haley) |
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| Monday, November 28, 2022 | ||
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order
Order
Mon 11/28 2:53 PM
Judge Denise J. Casper: ELECTRONIC ORDER entered. D. 31: The First Circuit has affirmed this Court's dismissal for lack of Article III standing, D. 29 at 12. It, however, has remanded the matter to this Court for supplemental briefing on whether the matter should be remanded to state court. Id. at 14. In light of this decision and the recent mandate from the First Circuit, D. 31, the Court ORDERS as follows. Counsel for the parties shall confer to see if they agree on a position as to remand to state court. If they agree, they shall file a joint statement regarding same by December 5, 2022. If they cannot reach agreement, then the parties shall follow the following briefing schedule. Plaintiffs may file a supplemental brief (not to exceed 10 pages) regarding their position regarding remand to state court by December 9, 2022. Defendant will then have until December 23, 2022 to file its own supplemental brief (not to exceed 10 pages) regarding its position on remand. (Hourihan, Lisa) |
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| Monday, November 14, 2022 | ||
| 31 | 31
appeal
USCA Mandate
Tue 11/15 7:30 AM
MANDATE of USCA as to24 Notice of Appeal, filed by Joshua Prescott, Matheus Plazzi, Tulio Brito Costa. Appeal24 Terminated (Paine, Matthew) |
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| Thursday, October 20, 2022 | ||
| 30 | 30
appeal
USCA Judgment
Thu 10/20 7:40 PM
USCA Judgment as to24 Notice of Appeal, filed by Joshua Prescott, Matheus Plazzi, Tulio Brito Costa. Thedistrict court's judgment is VACATED, and the matter is REMANDED with instructions to conduct supplemental briefing on whether to remand the action to state court consistent with the opinion issued this day. (Paine, Matthew) |
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appeal
USCA Opinion
Thu 10/20 7:39 PM
OPINION of USCA as to24 Notice of Appeal filed by Joshua Prescott, Matheus Plazzi, Tulio Brito Costa. (Paine, Matthew) |
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| Tuesday, June 14, 2022 | ||
| 27 | 27
appeal
Transcript - Appeal
Mon 07/11 9:23 AM
Transcript of Teleconference held on March 2, 2022, before Judge Denise J. Casper. COA Case No. 22-1365 The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Kelly Mortellite at mortellite@gmail.com. Redaction Request due 7/5/2022. Redacted Transcript Deadline set for 7/15/2022. Release of Transcript Restriction set for 9/12/2022. (Coppola, Katelyn) |
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notice
Notice of Filing of Official Transcript
Mon 07/11 9:23 AM
NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at[LINK:http://www.mad.uscourts.gov/attorneys/general-info.htm] (Coppola, Katelyn) |
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| Tuesday, May 10, 2022 | ||
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appeal
USCA Case Number
Tue 05/10 9:23 AM
USCA Case Number 22-1365 for24 Notice of Appeal, filed by Joshua Prescott, Matheus Plazzi, Tulio Brito Costa. (Paine, Matthew) |
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| Monday, May 09, 2022 | ||
| 25 | 25
appeal
Abbreviated Electronic Appeal Record Sent to USCA
Mon 05/09 12:52 PM
Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re24 Notice of Appeal. (Paine, Matthew) |
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appeal
Notice of Appeal
Mon 05/09 9:17 AM
NOTICE OF APPEAL as to23 Order Dismissing Case by Tulio Brito Costa, Matheus Plazzi, Joshua Prescott Filing fee: $ 505, receipt number AMADC-9311493 Fee Status: Not Exempt. NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at[LINK:http://www.ca1.uscourts.gov] MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 5/31/2022. (Liss-Riordan, Shannon) |
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| Wednesday, April 13, 2022 | ||
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pgs
order
Order Dismissing Case
Wed 04/13 2:38 PM
Judge Denise J. Casper: ORDER entered. ORDER DISMISSING CASE(Hourihan, Lisa) |
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pgs
order
Memorandum & Order
Wed 04/13 2:33 PM
Judge Denise J. Casper: ORDER entered. MEMORANDUM AND ORDER - The Court ALLOWS FedEx's motion to dismiss, D. 9.(Hourihan, Lisa) |
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| Wednesday, March 02, 2022 | ||
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minutes
Motion Hearing Order on Motion to Dismiss for Failure to State a Claim
Wed 03/02 3:16 PM
Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Motion Hearing held on 3/2/2022 re9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Fedex Ground Package System, Inc.by video conference. Arguments. Court takes under advisement9 Motion to Dismiss for Failure to State a Claim.(Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Zachary Rubin for the plaintiffs. Brian Ruocco, David Schuller and Cheryl Pinarchick) (Hourihan, Lisa) |
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| Friday, February 11, 2022 | ||
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respm
Reply to Response to Motion
Fri 02/11 11:03 AM
REPLY to Response to9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Fedex Ground Package System, Inc..(Schaller, David) |
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Att: 1
Exhibit B
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order
Order on Motion for Leave to File Document
Fri 02/11 8:00 AM
Judge Denise J. Casper: ELECTRONIC ORDER entered granting18 Motion for Leave to File to File Reply Brief in Further Support of its Motion to Dismiss by Fedex Ground Package System, Inc.; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Hourihan, Lisa) |
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| Thursday, February 10, 2022 | ||
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motion
Leave to File Document
Thu 02/10 8:23 PM
MOTION for Leave to File Unopposed Motion for Leave to File Reply Brief in Further Support of its Motion to Dismiss by Fedex Ground Package System, Inc..(Schaller, David) |
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Att: 1
Exhibit 1,
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Att: 2
Exhibit B
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| Wednesday, February 02, 2022 | ||
| 17 | 17
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pgs
order
Order
Wed 02/02 3:46 PM
Judge Denise J. Casper: Standing Order Regarding Appearance of Counsel Via Telephone or Video Conference (Hourihan, Lisa) |
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notice
Notice Setting or Resetting Hearing on Motion
Wed 02/02 3:44 PM
ELECTRONIC NOTICE Setting Hearing on Motion9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible. Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: [LINK:https://forms.mad.uscourts.gov/courtlist.html] . For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on [LINK:www.mad.uscourts.gov] or contact media@mad.uscourts.gov . Motion Hearing set for 3/2/2022 02:30 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa) |
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| Tuesday, February 01, 2022 | ||
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15
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respm
Memorandum in Opposition to Motion
Tue 02/01 5:14 PM
MEMORANDUM in Opposition re9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Tulio Brito Costa, Matheus Plazzi, Joshua Prescott. (Liss-Riordan, Shannon) |
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| Tuesday, January 18, 2022 | ||
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order
Order on Motion for Extension of Time to File Response/Reply
Tue 01/18 10:41 AM
Judge Denise J. Casper: ELECTRONIC ORDER entered granting13 Motion for Extension of Time to File Response/Reply re13 Assented to MOTION for Extension of Time to February 1, 2022 to File Response/Reply as to9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ,9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Responses due by 2/1/2022 (Hourihan, Lisa) |
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| Monday, January 17, 2022 | ||
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motion
Extension of Time to File Response/Reply
Mon 01/17 9:24 PM
Assented to MOTION for Extension of Time to February 1, 2022 to File Response/Reply as to9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Tulio Brito Costa, Matheus Plazzi, Joshua Prescott.(Liss-Riordan, Shannon) |
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| Monday, January 10, 2022 | ||
| 12 | 12
misc
State Court Record - no answer filed in state court
Mon 01/10 1:11 PM
STATE COURT Record Fedex Ground Package System, Inc. summons served on 12/7/2021, answer due 12/28/2021.. (Desai, Deepa) |
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| Monday, January 03, 2022 | ||
| 11 | 11
misc
Proposed Documents Submitted to the Court
Mon 01/03 5:31 PM
Proposed Document(s) submitted by Fedex Ground Package System, Inc.. Document received: Proposed Order Granting FedEx Ground Package System, Inc.'s Motion to Dismiss. (Pinarchick, Cheryl) |
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respm
Memorandum in Support of Motion
Mon 01/03 5:23 PM
MEMORANDUM in Support re9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Fedex Ground Package System, Inc..(Pinarchick, Cheryl) |
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Att: 1
Exhibit Exhibit A
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motion
Dismiss for Failure to State a Claim
Mon 01/03 5:21 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Fedex Ground Package System, Inc..(Pinarchick, Cheryl) |
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misc
Corporate Disclosure Statement
Mon 01/03 2:23 PM
CORPORATE DISCLOSURE STATEMENT by Fedex Ground Package System, Inc.. (Desai, Deepa) |
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motion
Appear Pro Hac Vice
Mon 01/03 1:50 PM
MOTION for Leave to Appear Pro Hac Vice for admission of David J. Schaller Filing fee: $ 100, receipt number AMADC-9119825 by Fedex Ground Package System, Inc..(Pinarchick, Cheryl) |
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Att: 1
Certificate of Good Standing
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motion
Appear Pro Hac Vice
Mon 01/03 1:45 PM
MOTION for Leave to Appear Pro Hac Vice for admission of Brian T. Ruocco Filing fee: $ 100, receipt number AMADC-9119812 by Fedex Ground Package System, Inc..(Pinarchick, Cheryl) |
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Att: 1
Certificate of Good Standing
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motion
Appear Pro Hac Vice
Mon 01/03 1:39 PM
MOTION for Leave to Appear Pro Hac Vice for admission of Jessica G. Scott Filing fee: $ 100, receipt number AMADC-9119783 by Fedex Ground Package System, Inc..(Pinarchick, Cheryl) |
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Att: 1
Certificate of Good Standing
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order
Order on Motion for Leave to Appear
Mon 01/03 4:08 PM
Judge Denise J. Casper: ELECTRONIC ORDER entered granting4 Motion for Leave to Appear Pro Hac Vice Added Jessica G. Scott; granting5 Motion for Leave to Appear Pro Hac Vice Added Brian T. Ruocco; granting6 Motion for Leave to Appear Pro Hac Vice Added David J. Schaller. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at [LINK:https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account] . Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. Pro Hac Vice Admission Request Instructions [LINK:https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm] . (Currie, Haley) |
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| Monday, December 27, 2021 | ||
| 3 | 3 Certified Copy of Notice of Removal Provided to Defense Counsel by Email (Warnock, Douglas) | |
| 2 | 2 ELECTRONIC NOTICE of Case Assignment. Judge Denise J. Casper assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (Finn, Mary) | |
| 1 | 1
12
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notice
Notice of Removal
Mon 12/27 2:53 PM
NOTICE OF REMOVAL by Fedex Ground Package System, Inc. ( Filing fee: $ 402, receipt number AMADC-9113950 Fee Status: Filing Fee paid)(Pinarchick, Cheryl) |
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Att: 1
3 pgs
Exhibit 1,
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Att: 2
Exhibit 1-A,
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Att: 3
Exhibit 1-B,
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Att: 4
10 pgs
Exhibit 1-C,
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Att: 5
Exhibit 1-D,
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Att: 6
Exhibit 1-E,
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Att: 7
Exhibit 2,
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Att: 8
Civil Cover Sheet,
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Att: 9
Category Sheet
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notice
Notice of Case Assignment
Mon 12/27 3:46 PM
ELECTRONIC NOTICE of Case Assignment. Judge Denise J. Casper assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (Finn, Mary) |
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notice
Certified Copy of Notice of Removal Provided to Defense Counsel
Mon 12/27 4:55 PM
Certified Copy of Notice of Removal Provided to Defense Counsel by Email (Warnock, Douglas) |
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