Drs. Aguero, Hughes & Assoc., P.A. et al v. Dental One, Inc. et al
| North Carolina Eastern District Court | |
| Judge: | Terrence W Boyle |
| Case #: | 5:13-cv-00139 |
| Nature of Suit | 890 Other Statutes - Other Statutory Actions |
| Cause | 28:1441 Notice of Removal |
| Case Filed: | Feb 27, 2013 |
| Terminated: | May 20, 2013 |
| Case in other court: | Wake County Superior Court, 13-CVS-002407 |
| Last checked: Saturday Jan 10, 2015 6:31 AM EST |
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Defendant
DCP of Durham, LLC
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DCP of Matthews (Charlotte), LLC
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DCP of Lexington, LLC
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DCP of Leland (Wilmington), LLC
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DCP of Jacksonville, LLC
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DCP of Huntersville (Charlotte), LLC
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DCP of Hope Mills (131), LLC
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DCP of High Point (Greensboro), LLC
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DCP of Hickory (Charlotte), LLC
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DCP of Greensboro, LLC
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DCP of Gastonia, LLC
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DCP of Fayetteville (Raleigh), LLC
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DCP of Crabtree Mall, LLC
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DCP of Concord (Charlotte), LLC
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DCP of Charlotte, LLC
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DCP of Cary, LLC
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DCP of Carmel Village (Charlotte), LLC
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DCP of Monroe (Charlotte), LLC
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Defendant
DCP of Raeford (125), LLC
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Defendant
DCP of Wilmington, LLC
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Defendant
Dental One, Inc.
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Defendant
DentalCare Partners, Inc.
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Plaintiff
Drs. Johal, Dunning & Associates IV, P.A.
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Plaintiff
Drs. Johal, Dunning & Associates V, P.A.
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Plaintiff
Drs. Johal, Dunning & Associates VI, P.A.
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Plaintiff
Drs. Johal, Dunning & Associates VII, P.A.
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Plaintiff
Drs. Johal, Dunning & Associates, P.A.
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Plaintiff
Drs. Johal, Dunning & Associates II, P.A.
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Plaintiff
Drs. Ghodke, Lindsey & Associates, P.A.
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Plaintiff
Drs. Cameron, Roman & Associates II, P.A.
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Plaintiff
Drs. Cameron & Roman III, P.A.
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Plaintiff
Drs. Cameron & Roman I, P.A.
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Plaintiff
Drs. Aguero, Hughes & Assoc., P.A.
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Plaintiff
Dr. Smith & Associates IV, P.A.
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Plaintiff
Dr. Silvoy & Associates I, P.A.
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Plaintiff
Dr. Patel, Alston & Associates I, P.A.
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Plaintiff
Dr. Christopher M. Silvoy, D.M.D. & Associates, P.A.
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Plaintiff
Benson J. Ybanez, D.D.S. & Associates, P.A.
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Plaintiff
Benson J. Ybanez, D.D.S. & Associates II, P.A.
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Plaintiff
Beatriz R. Aguero, D.D.S. & Associates IV, P.A.
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Plaintiff
Beatriz R. Aguero, D.D.S. & Associates II, P.A.
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Plaintiff
Alston, Johal & Dunning, P.A.
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| Docket last updated: 04/30/2024 11:59 PM EDT |
| Monday, May 20, 2013 | ||
| 23 | 23
JUDGMENT - IT IS ORDERED, ADJUDGED AND DECREED that plaintiff's motion to remand is GRANTED and this matter is hereby REMANDED to the Wake County Superior Court. Plaintiff's request for attorney fees in connection with this motion is denied and defendants' pending motion to dismiss is remanded with the body of this action. Signed by Julie A. Richards, Clerk of Court on 5/20/2013. (Rudd, D.)
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ORDER GRANTING4 Motion to Remand and this matter is hereby REMANDED to Wake County Superior Court. Plaintiffs' request for attorney's fees in connection with this motion is denied and defendants' pending motion to dismiss is remanded with the body of this action. The clerk is DIRECTED to close this case. Signed by District Judge Terrence W. Boyle on 5/17/2013. (Rudd, D.)
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| Friday, May 10, 2013 | ||
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ORDER granting20 Motion to Continue Rule 26(f) Conference and stay the deadline for filing Rule 26(f) reports. If necessary, the Rule 26(f) meeting shall occur no later than 30 days after any order denying Plaintiffs pending motion to remand. The proposed discovery plan must be submitted to the Court within 14 days after the Rule 26(f) meeting. Signed by Magistrate Judge William A. Webb on 5/10/2013. (Lee, L.)
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| MOTION REFERRED to Magistrate Judge William A. Webb:20 MOTION to Continue Rule 26(f) Conference and Stay Deadline For Filing Rule 26(f) Reports. (Rudd, D.) | ||
| Thursday, May 09, 2013 | ||
| 20 | 20
MOTION to Continue Rule 26(f) Conference and Stay Deadline For Filing Rule 26(f) Reports by Alston, Johal & Dunning, P.A., Beatriz R. Aguero, D.D.S. & Associates II, P.A., Beatriz R. Aguero, D.D.S. & Associates IV, P.A., Benson J. Ybanez, D.D.S. & Associates II, P.A., Benson J. Ybanez, D.D.S. & Associates, P.A., Dr. Christopher M. Silvoy, D.M.D. & Associates, P.A., Dr. Patel, Alston & Associates I, P.A., Dr. Silvoy & Associates I, P.A., Dr. Smith & Associates IV, P.A., Drs. Aguero, Hughes & Assoc., P.A., Drs. Cameron & Roman I, P.A., Drs. Cameron & Roman III, P.A., Drs. Cameron, Roman & Associates II, P.A., Drs. Ghodke, Lindsey & Associates, P.A., Drs. Johal, Dunning & Associates II, P.A., Drs. Johal, Dunning & Associates IV, P.A., Drs. Johal, Dunning & Associates V, P.A., Drs. Johal, Dunning & Associates VI, P.A., Drs. Johal, Dunning & Associates VII, P.A., Drs. Johal, Dunning & Associates, P.A.. (Crook, John)
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Att: 1
Text of Proposed Order Proposed Order
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| Friday, May 03, 2013 | ||
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ORDER granting17 Motion for Extension of Time to File Response/Reply regarding14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Corrected to show proper filing attorney . Responses due by 5/23/2013. Signed by Julie A. Richards, Clerk of Court on 5/3/2013. (Downing, L.)
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NOTICE of Appearance by John Thomas Crook on behalf of All Plaintiffs (Crook, John)
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| Thursday, May 02, 2013 | ||
| MOTION REFERRED to Julie A. Richards, Clerk of Court:17 Consent MOTION for Extension of Time to File Response as to14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Corrected to show proper filing attorney. (Rudd, D.) | ||
| Wednesday, May 01, 2013 | ||
| 17 | 17
Consent MOTION for Extension of Time to File Response as to14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Corrected to show proper filing attorney by Alston, Johal & Dunning, P.A., Beatriz R. Aguero, D.D.S. & Associates II, P.A., Beatriz R. Aguero, D.D.S. & Associates IV, P.A., Benson J. Ybanez, D.D.S. & Associates II, P.A., Benson J. Ybanez, D.D.S. & Associates, P.A., Dr. Christopher M. Silvoy, D.M.D. & Associates, P.A., Dr. Patel, Alston & Associates I, P.A., Dr. Silvoy & Associates I, P.A., Dr. Smith & Associates IV, P.A., Drs. Aguero, Hughes & Assoc., P.A., Drs. Cameron & Roman I, P.A., Drs. Cameron & Roman III, P.A., Drs. Cameron, Roman & Associates II, P.A., Drs. Ghodke, Lindsey & Associates, P.A., Drs. Johal, Dunning & Associates II, P.A., Drs. Johal, Dunning & Associates IV, P.A., Drs. Johal, Dunning & Associates V, P.A., Drs. Johal, Dunning & Associates VI, P.A., Drs. Johal, Dunning & Associates VII, P.A., Drs. Johal, Dunning & Associates, P.A.. (Gray, Jeffrey) Modified on 5/2/2013 to clarify docket text. (Rudd, D.)
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Att: 1
Text of Proposed Order
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| Tuesday, April 16, 2013 | ||
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ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Julie A. Richards, Clerk of Court on 4/16/2013. (Edwards, S.)
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| Monday, April 15, 2013 | ||
| Motion Submitted to Judge Terrence W. Boyle:4 MOTION to Remand. (Edwards, S.) | ||
| Friday, April 12, 2013 | ||
| 15 | 15
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Memorandum in Support regarding14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Corrected to show proper filing attorney filed by DCP of Carmel Village (Charlotte), LLC, DCP of Cary, LLC, DCP of Charlotte, LLC, DCP of Concord (Charlotte), LLC, DCP of Crabtree Mall, LLC, DCP of Durham, LLC, DCP of Fayetteville (Raleigh), LLC, DCP of Gastonia, LLC, DCP of Greensboro, LLC, DCP of Hickory (Charlotte), LLC, DCP of High Point (Greensboro), LLC, DCP of Hope Mills (131), LLC, DCP of Huntersville (Charlotte), LLC, DCP of Jacksonville, LLC, DCP of Leland (Wilmington), LLC, DCP of Lexington, LLC, DCP of Matthews (Charlotte), LLC, DCP of Monroe (Charlotte), LLC, DCP of Raeford (125), LLC, DCP of Wilmington, LLC, Dental One, Inc., DentalCare Partners, Inc.. (Loper, Johnny)
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Att: 1
Appendix Appendix
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MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Corrected to show proper filing attorney by DCP of Carmel Village (Charlotte), LLC, DCP of Cary, LLC, DCP of Charlotte, LLC, DCP of Concord (Charlotte), LLC, DCP of Crabtree Mall, LLC, DCP of Durham, LLC, DCP of Fayetteville (Raleigh), LLC, DCP of Gastonia, LLC, DCP of Greensboro, LLC, DCP of Hickory (Charlotte), LLC, DCP of High Point (Greensboro), LLC, DCP of Hope Mills (131), LLC, DCP of Huntersville (Charlotte), LLC, DCP of Jacksonville, LLC, DCP of Leland (Wilmington), LLC, DCP of Lexington, LLC, DCP of Matthews (Charlotte), LLC, DCP of Monroe (Charlotte), LLC, DCP of Raeford (125), LLC, DCP of Wilmington, LLC, Dental One, Inc., DentalCare Partners, Inc.. (Loper, Johnny)
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'REFILED CORRECTLY ON 4/12/13 AT 15 ' - Memorandum in Support regarding12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by DCP of Carmel Village (Charlotte), LLC, DCP of Cary, LLC, DCP of Charlotte, LLC, DCP of Concord (Charlotte), LLC, DCP of Crabtree Mall, LLC, DCP of Durham, LLC, DCP of Fayetteville (Raleigh), LLC, DCP of Gastonia, LLC, DCP of Greensboro, LLC, DCP of Hickory (Charlotte), LLC, DCP of High Point (Greensboro), LLC, DCP of Hope Mills (131), LLC, DCP of Huntersville (Charlotte), LLC, DCP of Jacksonville, LLC, DCP of Leland (Wilmington), LLC, DCP of Lexington, LLC, DCP of Matthews (Charlotte), LLC, DCP of Monroe (Charlotte), LLC, DCP of Raeford (125), LLC, DCP of Wilmington, LLC, Dental One, Inc., DentalCare Partners, Inc.. (Numbers, Robert)
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Att: 1
Appendix Appendix
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'REFILED CORRECTLY ON 4/12/13 AT 14 ' - MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by DCP of Carmel Village (Charlotte), LLC, DCP of Cary, LLC, DCP of Charlotte, LLC, DCP of Concord (Charlotte), LLC, DCP of Crabtree Mall, LLC, DCP of Durham, LLC, DCP of Fayetteville (Raleigh), LLC, DCP of Gastonia, LLC, DCP of Greensboro, LLC, DCP of Hickory (Charlotte), LLC, DCP of High Point (Greensboro), LLC, DCP of Hope Mills (131), LLC, DCP of Huntersville (Charlotte), LLC, DCP of Jacksonville, LLC, DCP of Leland (Wilmington), LLC, DCP of Lexington, LLC, DCP of Matthews (Charlotte), LLC, DCP of Monroe (Charlotte), LLC, DCP of Raeford (125), LLC, DCP of Wilmington, LLC, Dental One, Inc., DentalCare Partners, Inc.. (Numbers, Robert)
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NOTICE of Appearance by Johnny M. Loper on behalf of Dental One, Inc., DentalCare Partners, Inc. (Loper, Johnny)
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| Tuesday, March 26, 2013 | ||
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RESPONSE in Opposition regarding4 MOTION to Remand and Memorandum on Federal Subject Matter Jurisdiction filed by DCP of Carmel Village (Charlotte), LLC, DCP of Cary, LLC, DCP of Charlotte, LLC, DCP of Concord (Charlotte), LLC, DCP of Crabtree Mall, LLC, DCP of Durham, LLC, DCP of Fayetteville (Raleigh), LLC, DCP of Gastonia, LLC, DCP of Greensboro, LLC, DCP of Hickory (Charlotte), LLC, DCP of High Point (Greensboro), LLC, DCP of Hope Mills (131), LLC, DCP of Huntersville (Charlotte), LLC, DCP of Jacksonville, LLC, DCP of Leland (Wilmington), LLC, DCP of Lexington, LLC, DCP of Matthews (Charlotte), LLC, DCP of Monroe (Charlotte), LLC, DCP of Raeford (125), LLC, DCP of Wilmington, LLC, Dental One, Inc., DentalCare Partners, Inc.. (Finkelstein, Mark)
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Att: 1
Exhibit Unpublished Opinion - Boss v. Nissan North America, Inc.,
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Att: 2
Exhibit Unpublished Opinion - C.A. v. American Honda Motor Co.,
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Att: 3
Exhibit Unpublished Opinion - International Legware Group, Inc. v. Americal Corp.
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| Friday, March 15, 2013 | ||
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ORDER REASSIGNING CASE. Case reassigned to District Judge Terrence W. Boyle for all further proceedings. Chief Judge James C. Dever III no longer assigned to case. All future pleadings should reflect the revised case number 5:13-CV-139-BO. Signed by Julie A. Richards, Clerk of Court on 3/15/2013. (Sawyer, D.)
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| TEXT ORDER granting defendants'7 motion for extension of time. All defendants have through and including April 12, 2013 to answer or otherwise respond to plaintiffs' complaint. Signed by Jolie Skinner for Julie A. Richards, Clerk of Court on 3/15/2013. (Skinner, J.) | ||
| Wednesday, March 13, 2013 | ||
| 8 | 8
NOTICE of Consent to Remove filed by all defendants. (Finkelstein, Mark)
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| MOTION REFERRED to Julie A. Richards, Clerk of Court:7 Consent Motion for Extension of Time to File Answer regarding1 Notice of Removal. (Sawyer, D.) | ||
| Tuesday, March 12, 2013 | ||
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MOTION (Consent) for Extension of Time to File Answer regarding1 Notice of Removal filed by all defendants. (Finkelstein, Mark)
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Att: 1
Text of Proposed Order
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| Thursday, March 07, 2013 | ||
| 6 | 6
FINANCIAL DISCLOSURE STATEMENT filed by all plaintiffs. (Gray, Jeffrey)
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| Wednesday, March 06, 2013 | ||
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19
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MEMORANDUM in Support of4 Motion to Remand filed by all plaintiffs. (Gray, Jeffrey)
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MOTION to Remand filed by all Plaintiffs. (Gray, Jeffrey)
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| Wednesday, February 27, 2013 | ||
| 3 | 3
FINANCIAL DISCLOSURE STATEMENT by Dental One, Inc. (Finkelstein, Mark)
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NOTICE of Appearance by Mark Anderson Finkelstein on behalf of All Defendants. (Finkelstein, Mark)
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| 1 | 1
NOTICE OF REMOVAL by Dental One, Inc. from Wake County Superior, case number 13-cvs-002407. ( Filing fee $ 350 receipt number 0417-2412734), filed by Dental One, Inc. (Finkelstein, Mark)
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Att: 1
Index to Attachments,
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Att: 2
Civil Cover Sheet,
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Att: 3
71 pgs
Exhibit Complaint,
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Att: 4
Exhibit Receiver Motion,
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Att: 5
Exhibit Motion for Recommendation of Exceptional Case Designation,
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Att: 6
Exhibit Notice of Receiver Hearing
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| NOTICE OF DEFICIENCY regarding:1 Notice of Removal. Counsel failed to identify each exhibit. For future reference, counsel must comply with Section L(2)(b) of the Courts' Electronic Policy and Procedure Manual, by identifying each exhibit with a clear and complete description of the document. (Heath, D.) | ||