Carroll Electric Cooperative Corp. v. Alltel Corporation
| Arkansas Western District Court | |
| Judge: | Timothy L Brooks |
| Case #: | 3:23-cv-03017 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Petition for Removal |
| Case Filed: | Mar 09, 2023 |
| Terminated: | Jun 09, 2023 |
| Case in other court: | Carroll County Civil Division, 08-CV-23-00007 |
| Last checked: Tuesday Sep 05, 2023 4:19 AM CDT |
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Defendant
Alltel Corporation
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Represented By
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Plaintiff
Carroll Electric Cooperative Corp.
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Represented By
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| TERMINATED PARTIES | |
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Defendant
Alltel Mobile Communication of Northwest Arkansas, Inc.
Terminated: 06/02/2023
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Represented By
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Defendant
Northwest Arkansas RSA Limited Partnership
Terminated: 06/02/2023
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Represented By
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| Docket last updated: 04/17/2024 11:59 PM CDT |
| Thursday, August 03, 2023 | ||
| 41 | 41
appeal
USCA Scheduling Order
Thu 08/03 11:00 AM
USCA Consolidated Scheduling Order as to26 Notice of Appeal and39 Notice of Appeal filed by Carroll Electric Cooperative Corp. Case Appealed to 8th Circuit Court of Appeals Case Number 23-2770 (lgd) |
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Att: 1
appeal case opened
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| Wednesday, August 02, 2023 | ||
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appeal
USCA Appeal Fees
Wed 08/02 1:52 PM
USCA Appeal Fees received $ 505 receipt number AARWDC-2813343 re39 Notice of Appeal filed by Carroll Electric Cooperative Corp. (lgd) |
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| Monday, July 31, 2023 | ||
| 40 | 40
appeal
NOA Supplement Form
Mon 07/31 11:40 AM
NOA SUPPLEMENT FORM re39 Amended Notice of Appeal filed by Carroll Electric Cooperative Corp. (lgd) |
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notice
Clerk's Notice Regarding Filing Fee
Mon 07/31 11:30 AM
CLERK'S NOTICE REGARDING FILING FEE. The following document was received and filed without the appropriate filing fee:39 Amended Notice of Appeal. You MUST pay the filing fee of $ 505.00 or file a motion to proceed In Forma Pauperis, if appropriate, within 2 business days. If the proper fees or motion are not received for case initiating documents, your case may be subject to dismissal. Present your payment to the appropriate Divisional Office or Pay Online, using the Civil -> Other Documents -> Filing Fee Submitted event. Filing Fee due by 8/2/2023 (Per 8USCA this is a new appeal and $505.00 filing fee is due)(lgd) |
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| Monday, July 24, 2023 | ||
| 39 | 39
appeal
Amended Notice of Appeal
Mon 07/24 10:00 AM
AMENDED NOTICE OF APPEAL by Carroll Electric Cooperative Corp.. (Cullen, Tim) |
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| 38 | 38
4
pgs
order
Order on Motion for Attorney Fees Judgment - Attorney Fees
Mon 07/24 9:11 AM
OPINION AND ORDER granting23 Motion for Attorney Fees, in favor of Carroll Electric Cooperative Corp. against Alltel Corporation in the amount of $12,243.50. This ORDER is STAYED until the Eighth Circuit resolves Plaintiff's appeal. Signed by Honorable Timothy L. Brooks on July 24, 2023. (tg) |
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appeal
Notice to USCA of Subsequent Case Activity
Mon 07/31 10:43 AM
TEXT ONLY NOTICE TO USCA of subsequent case activity re USCA No. 23-2579 Related entry(s):39 Amended Notice of Appeal filed by Carroll Electric Cooperative Corp. (lgd) |
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| Monday, July 17, 2023 | ||
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appeal
Transmittal Sheet - Appeal
Mon 07/17 3:00 PM
AMENDED TRANSMITTAL SHEET re26 Notice of Appeal (atty) filed by Carroll Electric Cooperative Corp. to 8usca. (lgd) |
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| Thursday, July 13, 2023 | ||
| 36 | 36
appeal
Transmittal Sheet - Appeal
Thu 07/13 9:18 AM
TRANSMITTAL SHEET re26 Notice of Appeal (atty) filed by Carroll Electric Cooperative Corp. Transcript of Case Management Hearing held 6/2/2023 to 8USCA. (lgd) |
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| Wednesday, July 12, 2023 | ||
| 35 | 35
appeal
Appeal Transcript
Wed 07/12 10:14 AM
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Case Management/Motion Hearing for dates of June 2, 2023, before Judge Timothy L. Brooks, re26 Notice of Appeal (atty). Court Reporter/Transcriber: Paula K Barden, Telephone number paula_barden@arwd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber. After the Release of Transcript Restriction deadline, it, or a redacted transcript, may be obtained through the Court Reporter/Transcriber or PACER A Notice of Intent to Request Redaction of the Transcript MUST be filed within 7 calendar days of the filing of the transcript and served manually on the court reporter/transcriber. Redaction Request due 8/2/2023. Redacted Transcript Deadline set for 8/14/2023. Release of Transcript Restriction set for 10/10/2023. (pkb) |
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| 34 | 34
appeal
USCA Order Requesting Record
Wed 07/12 10:11 AM
ORDER of USCA requesting any portions of the original record which are not available in an electronic format through PACER be submitted within 10 days. There are no documents for clerk's to send. (lgd) |
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| 33 | 33
appeal
USCA Case Number
Wed 07/12 10:08 AM
USCA Case Number 23-2579 8th Circuit Court of Appeals for26 Notice of Appeal (atty) filed by Carroll Electric Cooperative Corp. (lgd) |
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| Friday, July 07, 2023 | ||
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respm
Reply to Response to Motion
Fri 07/07 3:30 PM
REPLY to Response to Motion re23 MOTION for Attorney Fees and Costs filed by Alltel Corporation. (Cate, Brandon) |
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| 31 | 31
order
Order on Motion for Leave
Fri 07/07 3:19 PM
TEXT ONLY ORDER granting30 Motion for Leave to File Reply Brief. Alltel is directed to file its proposed reply brief. Signed by Honorable Timothy L. Brooks on July 7, 2023. (glk) |
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| 30 | 30
motion
Leave
Fri 07/07 3:03 PM
MOTION for Leave to File Reply Brief in Support of Motion for Attorneys' Fees and Costs by Alltel Corporation.(Cate, Brandon) |
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Att: 1
Exhibit (Proposed Reply Brief)
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| Wednesday, July 05, 2023 | ||
| 29 | 29
5
pgs
msupport
Memorandum Brief in Support
Wed 07/05 9:36 AM
MEMORANDUM BRIEF in Support of28 Response to Motion by Carroll Electric Cooperative Corp.. (Everett, John) |
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| 28 | 28
respm
Response to Motion
Wed 07/05 9:34 AM
RESPONSE IN OPPOSITION TO Motion re23 MOTION for Attorney Fees and Costs filed by Carroll Electric Cooperative Corp.. (Everett, John) |
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| 27 | 27
appeal
NOA Supplement Form
Wed 07/05 9:31 AM
NOA SUPPLEMENT FORM re26 Notice of Appeal (atty) filed by Carroll Electric Cooperative Corp.. (lgd) |
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| Monday, July 03, 2023 | ||
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notice
Clerk's Notice Regarding Filing Fee
Mon 07/03 10:28 AM
CLERK'S NOTICE REGARDING FILING FEE. The following document was received and filed without the appropriate filing fee:26 Notice of Appeal (atty). You MUST pay the filing fee of $ 505.00 or file a motion to proceed In Forma Pauperis, if appropriate, within 2 business days. If the proper fees or motion are not received for case initiating documents, your case may be subject to dismissal. Present your payment to the appropriate Divisional Office or Pay Online, using the Civil -> Other Documents -> Filing Fee Submitted event. Filing Fee due by 7/5/2023 (lgd) |
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misc
Filing Fee Submitted
Mon 07/03 11:37 AM
Notice of Appeal filing fee paid re26 Notice of Appeal (atty) : $ 505, receipt number AARWDC-2798652.. (Cullen, Tim) |
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| Friday, June 30, 2023 | ||
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appeal
Notice of Appeal
Fri 06/30 5:07 PM
NOTICE OF APPEAL as to22 Order on Motion to Dismiss for Failure to State a Claim, Terminated Case by Carroll Electric Cooperative Corp.. (Cullen, Tim) |
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| Thursday, June 22, 2023 | ||
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misc
Bill of Costs
Thu 06/22 12:17 PM
BILL OF COSTS by Alltel Corporation in the amount of $$402 . Costs to be taxed on 7/6/2023. (Cate, Brandon) |
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| 24 | 24
6
pgs
msupport
Memorandum Brief in Support
Thu 06/22 12:17 PM
MEMORANDUM BRIEF in Support of23 MOTION for Attorney Fees and Costs by Alltel Corporation. (Cate, Brandon) |
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| 23 | 23
motion
Attorney Fees
Thu 06/22 12:16 PM
MOTION for Attorney Fees and Costs by Alltel Corporation.(Cate, Brandon) |
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Att: 1
Exhibit A (Declaration of Brandon Cate)
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| Friday, June 09, 2023 | ||
| 22 | 22
6
pgs
order
Order on Motion to Dismiss for Failure to State a Claim ~Util - Terminate Civil Case
Fri 06/09 2:47 PM
OPINION AND ORDER granting8 Motion to Dismiss for Failure to State a Claim. *** CASE DISMISSED WITH PREJUDICE. Signed by Honorable Timothy L. Brooks on June 9, 2023. (tg) |
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| Friday, June 02, 2023 | ||
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order
Order
Fri 06/02 12:12 PM
TEXT ONLY ORDER dismissing without prejudice Defendants Northwest Arkansas RSA Limited Partnership and Alltel Mobile Communication of Northwest Arkansas, Inc. per agreement of the parties. The Clerk is DIRECTED to amend the style of the case to reflect this change. Signed by Honorable Timothy L. Brooks on June 2, 2023. (glk) |
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| 20 | 20
misc
Supplement
Fri 06/02 11:26 AM
SUPPLEMENT by Defendant Alltel Corporation to8 MOTION to Dismiss for Failure to State a Claim .(Cate, Brandon) |
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Att: 1
Supplement (Amendments to Sublease Agreement)
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| 19 | 19
minutes
Case Management Hearing
Fri 06/02 11:13 AM
TEXT ONLY Minute Entry for proceedings held before Honorable Timothy L. Brooks: Case Management Hearing held on 6/2/2023. (Paula Barden-Court Reporter) (slc) |
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| Thursday, May 04, 2023 | ||
| 18 | 18
misc
Report of Rule 26(f) Planning Meeting
Thu 05/04 4:59 PM
JOINT REPORT of Rule 26(f) Planning Meeting by Alltel Corporation. (Cate, Brandon) |
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| Monday, April 17, 2023 | ||
| 17 | 17
respm
Reply to Response to Motion
Mon 04/17 9:38 AM
REPLY to Response to Motion re8 MOTION to Dismiss for Failure to State a Claim filed by Alltel Corporation, Alltel Mobile Communication of Northwest Arkansas, Inc., Northwest Arkansas RSA Limited Partnership. (Cate, Brandon) |
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| 16 | 16
order
Order on Motion for Leave
Mon 04/17 9:24 AM
TEXT ONLY ORDER granting15 Motion for Leave to File Reply Brief. Defendants are directed to file the proposed reply on the docket. Signed by Honorable Timothy L. Brooks on April 17, 2023. (glk) |
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| Friday, April 14, 2023 | ||
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motion
Leave
Fri 04/14 4:39 PM
MOTION for Leave to File Reply Brief in Support of Motion to Dismiss by Alltel Corporation, Alltel Mobile Communication of Northwest Arkansas, Inc., Northwest Arkansas RSA Limited Partnership.(Cate, Brandon) |
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Att: 1
Exhibit (Proposed Reply Brief)
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| Friday, April 07, 2023 | ||
| 14 | 14
notice
Notice of Appearance
Fri 04/07 10:01 AM
NOTICE of Appearance by Sharri Bell on behalf of Alltel Corporation, Alltel Mobile Communication of Northwest Arkansas, Inc., Northwest Arkansas RSA Limited Partnership. (Bell, Sharri) |
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| 13 | 13
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pgs
msupport
Memorandum Brief in Support
Fri 04/07 9:55 AM
MEMORANDUM BRIEF in Support of12 Response to Motion to Defendants' Fed. R. Civ. P. 12(B)(6) Motion by Carroll Electric Cooperative Corp.. (Everett, John) |
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| 12 | 12
respm
Response to Motion
Fri 04/07 9:53 AM
RESPONSE IN OPPOSITION TO Motion re8 MOTION to Dismiss for Failure to State a Claim filed by Carroll Electric Cooperative Corp.. (Everett, John) |
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| Wednesday, April 05, 2023 | ||
| 11 | 11
order
Initial Scheduling Order
Wed 04/05 3:01 PM
INITIAL SCHEDULING ORDER: Case Management Hearing set for 6/2/2023 10:30 AM in Fayetteville -- 5th flr (Rm 509) before Honorable Timothy L. Brooks. Rule 26 Meeting Report due by 5/8/2023. Signed by Honorable Timothy L. Brooks on April 5, 2023. (slc) |
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| Thursday, March 30, 2023 | ||
| 10 | 10
misc
Corporate Disclosure Statement - Filed by Attorney
Thu 03/30 4:03 PM
Corporate Disclosure Statement by Alltel Corporation. (Cate, Brandon) |
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| 9 | 9
7
pgs
msupport
Memorandum Brief in Support
Thu 03/30 4:03 PM
MEMORANDUM BRIEF in Support of8 MOTION to Dismiss for Failure to State a Claim by Alltel Corporation, Alltel Mobile Communication of Northwest Arkansas, Inc., Northwest Arkansas RSA Limited Partnership. (Cate, Brandon) |
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| 8 | 8
motion
Dismiss for Failure to State a Claim
Thu 03/30 4:00 PM
MOTION to Dismiss for Failure to State a Claim by Alltel Corporation, Alltel Mobile Communication of Northwest Arkansas, Inc., Northwest Arkansas RSA Limited Partnership.(Cate, Brandon) |
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Att: 1
Exhibit 1 (April 19 2022 Letter)
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| Wednesday, March 15, 2023 | ||
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order
Order on Motion for Extension of Time to File
Wed 03/15 7:58 AM
TEXT ONLY ORDER GRANTING6 Unopposed MOTION for Extension of Time to File Pleading Responsive to Complaint. Defendants' responsive pleading must be filed on or before MARCH 30, 2023. Signed by Honorable Timothy L. Brooks on March 15, 2023. (slc) |
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| Tuesday, March 14, 2023 | ||
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motion
Extension of Time to File Document
Tue 03/14 9:56 AM
Unopposed MOTION for Extension of Time to File Pleading Responsive to Complaint by Alltel Corporation, Alltel Mobile Communication of Northwest Arkansas, Inc., Northwest Arkansas RSA Limited Partnership. (Cate, Brandon) |
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| 5 | 5
notice
Notice of Appearance
Tue 03/14 9:37 AM
NOTICE of Appearance by Brandon B. Cate on behalf of Alltel Corporation, Alltel Mobile Communication of Northwest Arkansas, Inc., Northwest Arkansas RSA Limited Partnership. (Cate, Brandon) |
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| Thursday, March 09, 2023 | ||
| 4 | 4
notice
Magistrate Notice/Consent Form
Thu 03/09 3:30 PM
Magistrate Notice/Consent Form (tg) |
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| 3 | 3
cmp
Amended Complaint
Thu 03/09 3:28 PM
STATE COURT AMENDED COMPLAINT with Jury Demand against Alltel Corporation, Northwest Arkansas RSA Limited Partnership, Alltel Mobile Communication of Northwest Arkansas, Inc., filed by Carroll Electric Cooperative Corp.(tg) |
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| 2 | 2
misc
Civil Cover Sheet
Thu 03/09 3:27 PM
CIVIL COVER SHEET by Alltel Corporation. Please proceed with filing your case initiating document(s). If the case initiating documents are not filed by Close of Business the next business day, this file may be closed. A civil action is commenced by filing a complaint with the Court (Fed.R.Civ.P.3). (tg) |
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| 1 | 1
cmp
Notice of Removal
Thu 03/09 3:24 PM
NOTICE OF REMOVAL from Circuit Court of Carroll County, Arkansas, case number 08-CV-2023-7, filed by Alltel Corporation.(tg) |
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2
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notice
Clerk's Notice re Multiple Attorneys Listed on Pleading
Thu 03/09 3:32 PM
TEXT ONLY CLERK'S NOTICE re Multiple Attorneys Listed on Pleading directed to Defendant Alltel Corporation. Notice of Removal1 lists multiple attorneys appearing for the filer. The following attorney(s), who did not sign the pleading, must enter a separate Notice of Appearance in order to receive electronic notification of future activity in the case: Brandon Cate . (tg) |
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notice
Clerk's Notice Regarding Filing Fee
Thu 03/09 3:32 PM
CLERK'S NOTICE REGARDING FILING FEE. The following document was received and filed without the appropriate filing fee:1 Notice of Removal. You MUST pay the filing fee of $ 402.00 or file a motion to proceed In Forma Pauperis, if appropriate, within 2 business days. If the proper fees or motion are not received for case initiating documents, your case may be subject to dismissal. Present your payment to the appropriate Divisional Office or Pay Online, using the Civil -> Other Documents -> Filing Fee Submitted event. Filing Fee due by 3/13/2023 (tg) |
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misc
Filing Fee Submitted
Thu 03/09 5:35 PM
Notice of Removal filing fee paid re1 Notice of Removal : $ 402, receipt number AARWDC-2742814.. (Chadick, Vincent) |
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