Takeover Industries, Inc. v. Michael Holley et al
| California Central District Court | |
| Judge: | Otis D Wright, II |
| Referred: | Karen L Stevenson |
| Case #: | 2:22-cv-00102 |
| Nature of Suit | 380 Torts - Personal Property - Other Personal Property Damage |
| Cause | 28:1332 Diversity-Fraud |
| Case Filed: | Jan 05, 2022 |
| Terminated: | Mar 08, 2022 |
| Last checked: Monday Jul 04, 2022 1:28 AM PDT |
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Defendant
David Eisenberg
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Defendant
Michael Holley
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Represented By
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Defendant
DOES
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Plaintiff
Takeover Industries, Inc.
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Represented By
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| Docket last updated: 02/21/2025 11:59 PM PST |
| Tuesday, March 08, 2022 | ||
| 33 | 33
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order
Preliminary Injunction Dismiss/Lack of Jurisdiction
Tue 03/08 4:06 PM
MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: Pursuant to Plaintiff's Notice of Voluntary Dismissal[32 , and Federal Rule of Civil Procedure 41(a)(1)(A)(i), IT IS HEREBY ORDERED that: 1. The entire action and all claims asserted therein are hereby DISMISSED; 2. Plaintiff's Motion for Preliminary Injunction and Holley's Motion to Dismiss are both DENIED AS MOOT27 , and the hearing on the Motions is VACATED; and 3. All other dates and deadlines in this action are VACATED and taken off calendar. The Clerk of the Court shall close this case.(Made JS-6. Case Terminated.) (lc) Modified on 3/8/2022 (lc) |
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| Monday, March 07, 2022 | ||
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notice
Voluntary Dismissal of a Case (Pursuant to FRCP 41a (1))
Mon 03/07 11:07 PM
NOTICE of Voluntary Dismissal filed by Plaintiff Takeover Industries, Inc.. Dismissal is without prejudice. (Bjorgum, A) |
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| Thursday, February 24, 2022 | ||
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service
Service of Summons and Complaint Returned Executed (21 days)
Thu 02/24 12:10 PM
PROOF OF SERVICE Executed by Plaintiff Takeover Industries, Inc., upon Defendant David Eisenberg served on 2/15/2022, answer due 3/8/2022. Service of the Summons and Complaint were executed upon David Eisenberg in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Bjorgum, A) |
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| Tuesday, February 22, 2022 | ||
| 30 | 30
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order
Appear Pro Hac Vice
Tue 02/22 4:21 PM
MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: This Minute Order briefly addresses three matters. 1)ORDER GRANTING Non-Resident Attorney Matthey P Canini APPLICATION to Appear Pro Hac Vice on behalf of defendant Michael Holley, designating Michael M. Hernandez as local counsel25 . 2) on its own motion, and to promote orderly proceedings, the Court CONTINUES the hearing on Plaintiff's Motion for Preliminary Injunction to March 28, 2022 at 1:30 p.m. 3) Holley is ORDERED to file a Local Rule 7.1-1 Notice of Interested Parties no later than February 25, 2022. Failure to comply may result in the striking or disregarding of the papers filed by Holley. (lc) |
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notice
Certificate/Notice of Interested Parties
Tue 02/22 3:21 PM
Certification and NOTICE of Interested Parties filed by Defendant Michael Holley, (Hernandez, Michael) |
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| 28 | 28
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pgs
notice
Deficiency in Electronically Filed Documents (G-112A) - optional html form
Tue 02/22 1:21 PM
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Michael Holley's NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction 27 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lc) |
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| Monday, February 21, 2022 | ||
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14
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motion
Dismiss for Lack of Jurisdiction
Mon 02/21 9:48 AM
NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Michael Holley. Motion set for hearing on 3/28/2022 at 01:30 PM before Judge Otis D. Wright II. (Hernandez, Michael) |
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Att: 1
2 pgs
Declaration of M Caninin in Support of Motion to Dismiss,
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Att: 2
3 pgs
Declaration of Michael Holley in Support of Motion to Dismiss,
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Att: 3
9 pgs
Exhibit A to Declaration of Michael Holley,
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Att: 4
3 pgs
Exhibit B to Declaration of Michael Holley,
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Att: 5
2 pgs
Exhibit C to Declaration of Michael Holley,
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Att: 6
5 pgs
Exhibit D to Declaration of Michael Holley,
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Att: 7
1 pgs
Proposed Order
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| Friday, February 18, 2022 | ||
| 26 | 26
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respm
Reply (Motion related)
Fri 02/18 11:57 PM
REPLY in support of NOTICE OF MOTION AND MOTION for Preliminary Injunction re Return of Passwords and Access Codes 22 filed by Plaintiff Takeover Industries, Inc..(Bjorgum, A) |
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Att: 1
4 pgs
Declaration (Supplemental) of Jason Tucker
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| Thursday, February 17, 2022 | ||
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motion
Appear Pro Hac Vice (G-64)
Thu 02/17 4:39 PM
Second APPLICATION of Non-Resident Attorney Matthew P. Canini to Appear Pro Hac Vice on behalf of Defendant Michael Holley (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32812614) filed by Defendant Michael Holley. (Hernandez, Michael) |
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Att: 1
1 pgs
Proposed Order
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| Monday, February 14, 2022 | ||
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respm
Declaration (Motion related)
Mon 02/14 2:52 PM
DECLARATION of Michael Holley In Opposition to Plaintiff's Motion for a Preliminary Mandatory Injunction NOTICE OF MOTION AND MOTION for Preliminary Injunction re Return of Passwords and Access Codes 22 filed by Defendant Michael Holley.(Hernandez, Michael) |
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Att: 1
10 pgs
Memorandum Memorandum of Points and Authorities in Opposition to Motion for a Mandatory Preliminary Injunction,
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Att: 2
5 pgs
Exhibit Exhibit A,
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Att: 3
5 pgs
Exhibit Exhibit B,
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Att: 4
9 pgs
Exhibit Exhibit C,
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Att: 5
5 pgs
Exhibit Exhibit D,
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Att: 6
6 pgs
Exhibit Exhibit E,
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Att: 7
3 pgs
Exhibit Exhibit F,
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Att: 8
2 pgs
Exhibit Exhibit G,
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Att: 9
11 pgs
Exhibit Exhibit H,
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Att: 10
17 pgs
Exhibit Exhibit I,
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Att: 11
Exhibit Exhibit J,
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Att: 12
Exhibit Exhibit K,
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Att: 13
4 pgs
Exhibit Exhibit L,
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Att: 14
5 pgs
Exhibit Exhibit M
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| Tuesday, February 08, 2022 | ||
| 23 | 23
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misc
Errata
Tue 02/08 9:46 PM
NOTICE OF ERRATA filed by Plaintiff Takeover Industries, Inc.. correcting NOTICE OF MOTION AND MOTION for Preliminary Injunction re Return of Passwords and Access Codes 22 (Memorandum only corrected)(Bjorgum, A) |
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Att: 1
14 pgs
Memorandum (Corrected)
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| Monday, February 07, 2022 | ||
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motion
Preliminary Injunction
Mon 02/07 11:57 PM
NOTICE OF MOTION AND MOTION for Preliminary Injunction re Return of Passwords and Access Codes filed by Plaintiff Takeover Industries, Inc.. Motion set for hearing on 3/7/2022 at 01:30 PM before Judge Otis D. Wright II. (Bjorgum, A) |
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Att: 1
8 pgs
Declaration of Jason Tucker,
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Att: 2
8 pgs
Exhibit A - C to Declaration of Jason Tucker,
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Att: 3
4 pgs
Declaration of Toby McBride,
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Att: 4
2 pgs
Declaration of Eric Bjorgum,
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Att: 5
2 pgs
Proposed Order
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order
Appear Pro Hac Vice
Mon 02/07 3:17 PM
MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: On January 27, 2022, Attorney Matthew P. Canini applied to appear pro hac vice on behalf of Defendant Michael Holley11 . As of today's date, the Court is not in possession of a complete set of up-to-date good standing certificates for all the state courtswhere Attorney Canini is admitted to practice. In particular, Attorney Canini's New Jersey good standing certificate remains unfiled. Accordingly, Attorney Canini's Application is DENIED without prejudice to re-filing. Attorney Canini shall ensure his Amended Application contains all required items at asingle ECF number and subparts and is complete in all respects. The Court notes that Plaintiff opposes Attorney Canini's Application The Court considers this matter to be taken under submission and rules as follows. The pro hac vice application itself is not the preferred vehicle for bringing attorney conflict of interest issues before the Court. The Court therefore provides the partieswith notice that it will not reject a future pro hac vice application in this matter based on a conflict of interest raised in opposition to the application. Should a party wish to raise this issue, that party should file a Motion to Disqualify Counsel or other appropriate motion. (lc) |
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| Thursday, February 03, 2022 | ||
| 20 | 20
2
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notice
Deficiency in Electronically Filed Documents (G-112A) - optional html form
Thu 02/03 11:14 AM
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: First EX PARTE APPLICATION for Extension of Time to File Response to Initial Complaint16 , First EX PARTE APPLICATION for Extension of Time to File Ex Parte Application to Response to Initial Complaint: DECLARATION IN SUPPORT OF17 . The following error(s) was/were found: Incorrect document is attached to the docket entry. Incorrect event selected. Correct event to be used is: declaration in support and link to no. 16. Other error(s) with document(s): Clerk notes defendant filed a Notice of Withdrawal of ex parte docket no. 16, since no. 17 was only a declaration. CLerk will termnate the ex parte application per filers Notice of withdrawal docket no. 19. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lc) |
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| 19 | 19
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notice
Withdrawal (Document or Motion)
Thu 02/03 10:54 AM
Notice of Withdrawal of Motion for Extension of Time to File,16 , Motion for Extension of Time to File17 filed by Defendant Michael Holley. (Hernandez, Michael) |
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| 18 | 18
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stip
Extending Time to Answer (30 days or less)
Thu 02/03 10:44 AM
First STIPULATION Extending Time to Answer the complaint as to Michael Holley answer now due 2/21/2022, re Complaint (Attorney Civil Case Opening)1 filed by Defendant Michael Holley.(Hernandez, Michael) |
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| Wednesday, February 02, 2022 | ||
| 17 | 17
motion
Extension of Time to File Document
Wed 02/02 4:40 PM
First EX PARTE APPLICATION for Extension of Time to File Ex Parte Application to Response to Initial Complaint: DECLARATION IN SUPPORT OF filed by Defendant Michael Holley. (Hernandez, Michael) |
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| 16 | 16
motion
Extension of Time to File Document
Wed 02/02 4:30 PM
First EX PARTE APPLICATION for Extension of Time to File Response to Initial Complaint filed by Attorney for Defendant Michael Holley Michael Holley. (Hernandez, Michael) |
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Att: 1
10 pgs
Exhibit A - emails between counsel,
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Att: 2
1 pgs
Proposed Order
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| Friday, January 28, 2022 | ||
| 15 | 15
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respm
Declaration (Motion related)
Fri 01/28 7:38 PM
DECLARATION of Matthew P. Canini in support of First APPLICATION of Non-Resident Attorney Matthew P. Canini to Appear Pro Hac Vice on behalf of Defendant Michael Holley (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32691461)11 filed by Defendant Michael Holley.(Hernandez, Michael) |
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Att: 1
Certificate from Florida Bar Association,
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Att: 2
1 pgs
Proposed Order
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respm
Reply (Motion related)
Fri 01/28 7:28 PM
REPLY in support First APPLICATION of Non-Resident Attorney Matthew P. Canini to Appear Pro Hac Vice on behalf of Defendant Michael Holley (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32691461)11 and in opposition to Plaintiff's Objection filed by Defendant Michael Holley. (Hernandez, Michael) |
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respm
Declaration (Motion related)
Fri 01/28 9:52 AM
DECLARATION of A. Eric Bjorgum Objection First APPLICATION of Non-Resident Attorney Matthew P. Canini to Appear Pro Hac Vice on behalf of Defendant Michael Holley (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32691461)11 filed by Plaintiff Takeover Industries, Inc..(Bjorgum, A) |
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Att: 1
10 pgs
Exhibit A - Texas Docket,
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Att: 2
4 pgs
Exhibit B - Nev. Sect. State,
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Att: 3
6 pgs
Exhibit C - McBride Decl.,
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Att: 4
2 pgs
Exhibit D - Canini profile,
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Att: 5
3 pgs
Exhibit E - TX PHV app
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| 12 | 12
respm
Objection/Opposition (Motion related)
Fri 01/28 9:23 AM
Objection Oppsition re: First APPLICATION of Non-Resident Attorney Matthew P. Canini to Appear Pro Hac Vice on behalf of Defendant Michael Holley (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32691461)11 filed by Plaintiff Takeover Industries, Inc.. (Bjorgum, A) |
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| Thursday, January 27, 2022 | ||
| 11 | 11
motion
Appear Pro Hac Vice (G-64)
Thu 01/27 10:30 AM
First APPLICATION of Non-Resident Attorney Matthew P. Canini to Appear Pro Hac Vice on behalf of Defendant Michael Holley (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32691461) filed by Attorney for Defendant Michael Holley Michael Holley. (Attorney Michael Melchor Hernandez added to party Michael Holley(pty:dft)) (Hernandez, Michael) |
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Att: 1
Certificate from Appellate Division of Supreme Ct of NY,
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Att: 2
Proposed Order Order re: Pro Hac Vice
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| Wednesday, January 26, 2022 | ||
| 10 | 10
service
Service of Summons and Complaint Returned Executed (21 days)
Wed 01/26 11:49 AM
PROOF OF SERVICE Executed by Plaintiff Takeover Industries, Inc., upon Defendant Michael Holley served on 1/15/2022, answer due 2/7/2022. Service of the Summons and Complaint were executed upon Jane "Chirene" Doe in compliance with Federal Rules of Civil Procedure by substituted service at home address and by also mailing a copy.Original Summons NOT returned.(Bjorgum, A) |
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Att: 1
Affidavit
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| Monday, January 10, 2022 | ||
| 9 | 9
1
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order
Minutes of In Chambers Order/Directive - no proceeding held
Mon 01/10 4:40 PM
MINUTE ORDER IN CHAMBERS by Judge Otis D Wright, II: This action has been assigned to the calendar of Judge Otis D. Wright II. The Court's Electronic Document Submission System (EDSS) allows people without lawyers who have pending cases in the United States District Court for the Central District of California to submit documents electronically to the Clerk's Office The parties may consent to proceed before a Magistrate Judge appearing on the voluntary consent list. PLEASE refer to Local Rule 79-5 for the submission of CIVIL ONLY SEALED DOCUMENTS. CRIMINAL SEALED DOCUMENTS will remain the same. Please refer to Court's Website and Judge's procedures for information as applicable. (lc) |
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| Friday, January 07, 2022 | ||
| 8 | 8
2
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service
Summons Issued (Attorney Civil Case Opening)
Fri 01/07 2:54 PM
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening)1 as to Defendants David Eisenberg and Michael Holley. (jtil) |
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| 7 | 7
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notice
Notice to Counsel Re: Consent to Proceed Before a US Magistrate Judge - optional html form
Fri 01/07 2:44 PM
Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (jtil) |
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| 6 | 6
adr
Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form
Fri 01/07 2:43 PM
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
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notice
Notice of Assignment to United States Judges (CV-18) - optional html form
Fri 01/07 2:43 PM
NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Karen L. Stevenson. (jtil) |
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| Wednesday, January 05, 2022 | ||
| 4 | 4
1
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notice
Certificate/Notice of Interested Parties
Wed 01/05 9:07 PM
NOTICE of Interested Parties filed by Plaintiff Takeover Industries, Inc., identifying Labor Smart, Inc.. (Bjorgum, A) |
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| 3 | 3
misc
Civil Cover Sheet (CV-71)
Wed 01/05 9:00 PM
CIVIL COVER SHEET filed by Plaintiff Takeover Industries, Inc.. (Bjorgum, A) |
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| 2 | 2
notice
Summons Request
Wed 01/05 8:58 PM
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening)1 filed by Plaintiff Takeover Industries, Inc.. (Bjorgum, A) |
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| 1 | 1
18
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cmp
Complaint (Attorney Civil Case Opening)
Wed 01/05 8:52 PM
COMPLAINT Receipt No: ACACDC-32575582 - Fee: $402, filed by Plaintiff Takeover Industries, Inc.. (Attorney A Eric Bjorgum added to party Takeover Industries, Inc.(pty:pla))(Bjorgum, A) |
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