Schultz v. TD Ameritrade, Inc. et al
Consolidated
Lead case: 1:23-md-03083
Lead case: 1:23-md-03083
| Massachusetts District Court | |
| Judge: | Allison D Burroughs |
| Case #: | 1:23-cv-12590 |
| Nature of Suit | 360 Torts - Personal Injury - Other Personal Injury |
| Cause | 28:1332 Diversity-Other Contract |
| Case Filed: | Oct 31, 2023 |
| Case in other court: | Nebraska, 8:23-cv-00375 |
| Last checked: Sunday Apr 28, 2024 4:33 AM EDT |
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Defendant
TD Ameritrade, Inc.
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Represented By
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Defendant
The Charles Schwab Corporation
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Represented By
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Plaintiff
David Schultz
individually and on behalf of all others similarly situated P.O. Box 474
Brimfield, MA 01010 |
Represented By
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GPO
Sep 22 2023
ORDER - If the parties consent to final disposition of the case by the undersigned magistrate judge, on or before October 10, 2023, they shall complete the CONSENT TO RANDOM ASSIGNMENT TO MAGISTRATE JUDGE form located on the courts website at http://www.ned.uscourts.gov/forms/. After all parties have signed this form, e-mail it in.pdf format to clerk@ned.uscourts.gov. Do not electronically file this form or submit it to chambers. In the absence of timely submitting the attached form in accordance with paragraph (1) of this order, the case will be reassigned to a district judge. Ordered by Magistrate Judge Michael D. Nelson. (NMW) |
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GPO
Oct 11 2023
ORDER FOR CONSOLIDATION AND APPOINTMENT OF INTERIM CO-LEAD CLASS COUNSEL - Plaintiff's Motion to Consolidate Cases (Filing No. 11 in Case No. 8:23CV375) is granted. The above-captioned cases are consolidated for all purposes. The Court designates Case No. 8:23CV375 as the "Lead Case" and Case Nos. 8:23CV380, 8:23CV381 and 8:23CV385 as "Member Cases." The plaintiffs in the above-captioned cases shall file a Consolidated Amended Complaint in the Lead Case on or before November 27, 2023. The deadline for the defendants to file an answer or other responsive pleading is extended to 30-days after the plaintiffs file the Consolidated Amended Complaint. Plaintiff's Motion for Appointment of Interim Lead Counsel Under Fed. R. Civ. P. 23(g)(3) (Filing No. 12) is granted. Brandon Wise (Peiffer Wolf Carr Kane Conway & Wise, LLP); David Almeida (Almeida Law Group LLC); and William B. Federman (Federman & Sherwood); are appointed as Interim Co-Lead Class Counsel. Ordered by Magistrate Judge Michael D. Nelson. (Member Cases: 8:23-cv-00375-JFB-MDN, 8:23-cv-00380-JFB-MDN, 8:23-cv-00381-JFB-MDN, 8:23-cv-00385-JFB-MDN) (KLF) |
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GPO
Dec 12 2024
Judge Allison D. Burroughs: ORDER entered. MDL Order No. 19 (Order on Defendants Rule 12(b)(1) Motion to Dismiss for Lack of Article III Standing)Associated Cases: 1:23-md-03083-ADB et al.(McManus, Caetlin) |
| Docket last updated: 02/19/2025 11:59 PM EST |
| Thursday, December 12, 2024 | ||
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38
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order
Order ~Util - Terminate Motions
Thu 12/12 10:52 AM
Judge Allison D. Burroughs: ORDER entered. MDL Order No. 19 (Order on Defendants Rule 12(b)(1) Motion to Dismiss for Lack of Article III Standing) Associated Cases: 1:23-md-03083-ADB et al.(McManus, Caetlin) |
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| Wednesday, November 06, 2024 | ||
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order
Order
Wed 11/06 6:19 PM
Judge Allison D. Burroughs: ORDER entered. MDL Order No. 18 (CAC and Rule 12 Scheduling and Structure Proposals) Associated Cases: 1:23-md-03083-ADB et al.(McManus, Caetlin) |
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| Thursday, November 30, 2023 | ||
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notice
Notice - Other
Thu 11/30 9:50 AM
ELECTRONIC NOTICE: Remote access to today’s hearing will be made available to the media and public for viewing purposes only . 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 general orders and public notices of the Court available on [LINK:www.mad.uscourts.gov] or contact [LINK:media@mad.uscourts.gov] . Status Conference set for 11/30/2023 02:00 PM in Courtroom 17 (In person only with remote viewing available) before Judge Allison D. Burroughs. Associated Cases: 1:23-md-03083-ADB et al.(McManus, Caetlin) |
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| Thursday, November 02, 2023 | ||
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notice
Notice - Other
Thu 11/02 5:21 PM
Judge Allison D. Burroughs: ORDER entered. MDL Order No. 1 (General Provisions) (McManus, Caetlin) |
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| Tuesday, October 31, 2023 | ||
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notice
Notice re: MDL Case Transferred
Tue 10/31 8:19 AM
NOTICE TO ALL COUNSEL: Pursuant to CTO Number 6 entered in MDL No. 3083, District of Nebraska case number 8:23-cv-00375-JFB-MDN has been transferred to the District of Massachusetts and assigned civil action number: 1:23-cv-12590-ADB. In Re: MOVEit Customer Data Security Breach Litigation, MDL 3083 (Belpedio, Lisa) |
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notice
Notice of Case Assignment
Tue 10/31 8:18 AM
ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs assigned to case. (Belpedio, Lisa) |
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transfer
Case Transferred In - District Transfer
Tue 10/31 8:11 AM
Case transferred in from District of Nebraska; Case Number 8:23-cv-00375. |
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| Friday, October 27, 2023 | ||
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CERTIFIED COPY OF CONDITIONAL TRANSFER ORDER. Case is transferred to USDC-Massachusetts, Docket No. 3083. Member Cases: 8:23-cv-00375-JFB-MDN, 8:23-cv-00380-JFB-MDN, 8:23-cv-00385-JFB-MDN (JAB)
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| Case transferred to District of Massachusetts, MDL 3083, CTO-6. Original electronic file sent. (JAB) | ||
| Thursday, October 26, 2023 | ||
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COPY OF CONDITIONAL TRANSFER ORDER from the Multidistrict Litigation Panel. Clerk to wait for certified copy of order to transfer the file to USDC-District of Massachusetts, Docket No. 3083. Member Cases: 8:23-cv-00380-JFB-MDN, 8:23-cv-00385-JFB-MDN(NMW)
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| Tuesday, October 24, 2023 | ||
| 32 | 32 TEXT ORDER granting Motion for Admission Pro Hac Vice31 for attorney Lauren R. Goldman. Ordered by Deputy Clerk. (LKO) | |
| Monday, October 23, 2023 | ||
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MOTION for Admission Pro Hac Vice for Lauren Goldman Filing fee $ 100, receipt number ANEDC-4961907 by Attorney Lauren R. Goldman on behalf of Defendants TD Ameritrade, Inc., The Charles Schwab Corporation.(Goldman, Lauren)
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| Monday, October 16, 2023 | ||
| 30 | 30
ATTORNEY LETTER by Clerk that Attorney Lauren Goldman has not registered for admittance to practice nor registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (TCL)
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| Friday, October 13, 2023 | ||
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CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney Victoria H. Buter on behalf of Defendant The Charles Schwab Corporation.Member Cases: 8:23-cv-00375-JFB-MDN, 8:23-cv-00380-JFB-MDN, 8:23-cv-00381-JFB-MDN, 8:23-cv-00385-JFB-MDN(Buter, Victoria)
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CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney Victoria H. Buter on behalf of Defendant TD Ameritrade, Inc..Member Cases: 8:23-cv-00375-JFB-MDN, 8:23-cv-00380-JFB-MDN, 8:23-cv-00381-JFB-MDN, 8:23-cv-00385-JFB-MDN(Buter, Victoria)
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| Wednesday, October 11, 2023 | ||
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ORDER FOR CONSOLIDATION AND APPOINTMENT OF INTERIM CO-LEAD CLASS COUNSEL - Plaintiff's Motion to Consolidate Cases (Filing No.11 in Case No. 8:23CV375) is granted. The above-captioned cases are consolidated for all purposes. The Court designates Case No. 8:23CV375 as the "Lead Case" and Case Nos. 8:23CV380, 8:23CV381 and 8:23CV385 as "Member Cases." The plaintiffs in the above-captioned cases shall file a Consolidated Amended Complaint in the Lead Case on or before November 27, 2023. The deadline for the defendants to file an answer or other responsive pleading is extended to 30-days after the plaintiffs file the Consolidated Amended Complaint. Plaintiff's Motion for Appointment of Interim Lead Counsel Under Fed. R. Civ. P. 23(g)(3) (Filing No.12 ) is granted. Brandon Wise (Peiffer Wolf Carr Kane Conway & Wise, LLP); David Almeida (Almeida Law Group LLC); and William B. Federman (Federman & Sherwood); are appointed as Interim Co-Lead Class Counsel. Ordered by Magistrate Judge Michael D. Nelson. (Member Cases: 8:23-cv-00375-JFB-MDN, 8:23-cv-00380-JFB-MDN, 8:23-cv-00381-JFB-MDN, 8:23-cv-00385-JFB-MDN) (KLF)
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| Thursday, October 05, 2023 | ||
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RESPONSE regarding MOTION to Consolidate Case(s) 8:23-cv-00375; 8:23-CV-00380;8:23-CV-00381;8:23-CV-00385 11 by Attorney Victoria H. Buter on behalf of Defendants TD Ameritrade, Inc., The Charles Schwab Corporation.(Buter, Victoria)
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| Monday, October 02, 2023 | ||
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Mail Returned as Undeliverable addressed to Andrew R. Tate, 235 Peachtree Street NE, Suite 400, Atlanta, GA 30303 regarding Attorney Letter3 . Mail not resent. No forwarding address. (KLF)
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| Friday, September 29, 2023 | ||
| 24 | 24 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Defendant The Charles Schwab Corporation. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires.(ADB) | |
| 23 | 23 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Defendant TD Ameritrade, Inc.. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires.(ADB) | |
| Thursday, September 28, 2023 | ||
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NOTICE of Appearance by Attorney Victoria H. Buter on behalf of Defendants TD Ameritrade, Inc., The Charles Schwab Corporation (Buter, Victoria)
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| Monday, September 25, 2023 | ||
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REASSIGNMENT ORDER - Case numbers 8:23CV380, 8:23CV381, and 8:23cv385 are related to 8:23CV375. See NEGenR 1.4(a)(4)(C)(iii). Accordingly, pursuant to NEGenR 1.4(a)(4)(B), 8:23CV375 and 8:23cv380 are reassigned to Senior District Judge Joseph F. Bataillon for disposition and are assigned to Magistrate Judge Michael D. Nelson for judicial supervision. Case numbers 8:23CV381 and 8:23CV38 5 remain assigned to Senior District Judge Joseph F. Bataillon for disposition and are reassigned to Magistrate Judge Michael D. Nelson for judicial supervision. Ordered by Chief Judge Robert F. Rossiter, Jr.. (ADB)
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NOTICE of Election for Reassignment to District Judge by Attorney Alexander H. Southwell on behalf of Defendants TD Ameritrade, Inc., The Charles Schwab Corporation (Southwell, Alexander)
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| Friday, September 22, 2023 | ||
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ORDER - If the parties consent to final disposition of the case by the undersigned magistrate judge, on or before October 10, 2023, they shall complete the CONSENT TO RANDOM ASSIGNMENT TO MAGISTRATE JUDGE form located on the courts website at http://www.ned.uscourts.gov/forms/. After all parties have signed this form, e-mail it in.pdf format to clerk@ned.uscourts.gov. Do not electronically file this form or submit it to chambers. In the absence of timely submitting the attached form in accordance with paragraph (1) of this order, the case will be reassigned to a district judge. Ordered by Magistrate Judge Michael D. Nelson. (NMW)
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| 18 | 18 TEXT ORDER granting17 Consent Motion for Extension of Time to File a Responsive Pleading. Defendants shall have an extension of time to November 22, 2023, to file an answer or other responsive pleading to the Complaint. Ordered by Magistrate Judge Michael D. Nelson. (SMN) | |
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MOTION for Extension of Time to File a Responsive Pleading (on Consent) by Attorney Alexander H. Southwell on behalf of Defendants TD Ameritrade, Inc., The Charles Schwab Corporation.(Southwell, Alexander)
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| 16 | 16 TEXT ORDER granting Motion for Admission Pro Hac Vice14 for attorney Salah M. Hawkins. Ordered by Deputy Clerk. (LKO) | |
| 15 | 15 TEXT ORDER granting Motion for Admission Pro Hac Vice13 for attorney Alexander H. Southwell. Ordered by Deputy Clerk. (LKO) | |
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MOTION for Admission Pro Hac Vice Filing fee $ 100, receipt number ANEDC-4944157 by Attorney Salah M. Hawkins on behalf of Defendants TD Ameritrade, Inc., The Charles Schwab Corporation.(Hawkins, Salah)
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MOTION for Admission Pro Hac Vice Filing fee $ 100, receipt number BNEDC-4944142 by Attorney Alexander H. Southwell on behalf of Defendants TD Ameritrade, Inc., The Charles Schwab Corporation.(Southwell, Alexander)
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| Thursday, September 21, 2023 | ||
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MOTION to Appoint Counsel Interim Co-Lead Under Fed. R. Civ. P. 23(g)(3) by Attorney Brandon M. Wise on behalf of Plaintiff David Schultz.(Wise, Brandon)
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Att: 1
Supplement Plaintiff's Memorandum in Support of Motion for Appointment of Interim Co-Lead Counsel,
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Att: 2
Exhibit Exhibit A - Peiffer Wolf Resume,
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Att: 3
Exhibit Exhibit B - Almedia Resume,
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Att: 4
Exhibit Exhibit C - Federman Sherwood Resume,
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Att: 5
Exhibit Exhibit D - Klinger Milberg Resume,
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Att: 6
Text of Proposed Order Proposed Order - Plaintiff's Motion for Appointment of Interim Co-Lead Counsel
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MOTION to Consolidate Case(s) 8:23-cv-00375; 8:23-CV-00380;8:23-CV-00381;8:23-CV-00385 by Attorney Brandon M. Wise on behalf of Plaintiff David Schultz.(Wise, Brandon)
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Att: 1
Supplement Plaintiff's Memorandum of Law in Support of Motion to Consolidate Cases,
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Att: 2
Text of Proposed Order Proposed Order - Plaintiff's Motion to Consolidate Cases
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| Thursday, September 07, 2023 | ||
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SUMMONS Returned Executed upon defendant TD Ameritrade, Inc. on 9/6/2023. (Tate, Andrew)
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| Tuesday, September 05, 2023 | ||
| 9 | 9 TEXT ORDER granting Motion for Admission Pro Hac Vice8 for attorney Andrew R. Tate. Ordered by Deputy Clerk. (LKO) | |
| Friday, September 01, 2023 | ||
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MOTION for Admission Pro Hac Vice of Andrew R. Tate Filing fee $ 100, receipt number ANEDC-4933011 by Attorney Andrew Tate on behalf of Plaintiff David Schultz.(Tate, Andrew)
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Att: 1
Exhibit Georgia COGS
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SUMMONS Returned Executed upon defendant The Charles Schwab Corporation on 9/1/2023. (Wise, Brandon)
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| Thursday, August 24, 2023 | ||
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Summons Issued as to defendants TD Ameritrade, Inc. and The Charles Schwab Corporation. YOU MUST PRINT YOUR ISSUED SUMMONS, WHICH ARE ATTACHED TO THIS DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (JES)
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| Wednesday, August 23, 2023 | ||
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Summons Requested as to The Charles Schwab Corporation regarding Complaint,1 . (Wise, Brandon)
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Summons Requested as to TD Ameritrade, Inc. regarding Complaint,1 . (Wise, Brandon)
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| 3 | 3
ATTORNEY LETTER by Clerk that Attorney Andrew Tate has not registered for admittance to practice. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (JES)
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| 2 | 2 TEXT NOTICE OF JUDGE ASSIGNED: Magistrate Judge Michael D. Nelson assigned. In accordance with 28 U.S.C. 636(c)(2), the parties are notified that, if all parties consent, a magistrate judge may conduct a civil action or proceeding, including a jury or nonjury trial, subject to the courts rules and policies governing the assignment of judges in civil cases. See Fed. R. Civ. P. 73; NEGenR 1.4. (JES) | |
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COMPLAINT with jury demand against All Defendants ( Filing fee $ 402, receipt number ANEDC-4925834), by Attorney Brandon M. Wise on behalf of David Schultz(Wise, Brandon)
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Att: 1
Exhibit Exhibit 1,
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Att: 2
Civil Cover Sheet Civil Cover Sheet,
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Att: 3
Exhibit Summons,
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Att: 4
Exhibit Summons
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