Raynne or Shine Trucking LLC v. Henderson et al
Texas Northern District Court | |
Judge: | David L Horan |
Case #: | 3:23-cv-01770 |
Nature of Suit | 190 Contract - Other Contract |
Cause | 28:1332 Diversity-Fraud |
Case Filed: | Aug 09, 2023 |
Last checked: Monday Feb 05, 2024 2:51 AM CST |
Defendant
Capitol Choice Trucking LLC
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Represented By
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Defendant
Kierra Henderson
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Represented By
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Defendant
Frank Lightner
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Represented By
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Defendant
TTG Logistics LLC
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Represented By
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Defendant
The Trucking Guru LLC
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Represented By
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Plaintiff
Raynne or Shine Trucking LLC
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Represented By
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Docket last updated: 05/23/2025 11:59 PM CDT |
Friday, March 28, 2025 | ||
49 | 49
![]() ORDER DIRECTING FILING OF DISMISSAL PAPERS BASED ON SETTLEMENT AND VACATING TRIAL SETTING: The parties are directed to file the appropriate dismissal papers or an agreed motion with a corresponding proposed order by 4/24/2025. The Court now stays any unexpired deadlines set by any order of the Court or Local Civil Rule until further order of the Court and vacates the 4/7/2025 jury trial special setting and cancels the 4/3/2025 final pretrial conference. (Ordered by Magistrate Judge David L. Horan on 3/28/2025) (axm) |
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48 | 48
![]() Joint STATUS REPORT MEDIATION filed by Raynne or Shine Trucking LLC. (Daily, Kimberly) |
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Monday, March 17, 2025 | ||
47 | 47
order
Order Setting Deadline/Hearing
Mon 03/17 2:37 PM
ELECTRONIC ORDER: Based on the parties'46 Joint Mediation Report, the Court extends the deadline to complete mediation to no later than March 28, 2025, after which the parties must, as promised, promptly submit a report immediately following the scheduled March 28, 2025 mediation. (Ordered by Magistrate Judge David L. Horan on 3/17/2025.) |
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Thursday, March 13, 2025 | ||
46 | 46
![]() Joint STATUS REPORT MEDIATION filed by Raynne or Shine Trucking LLC. (Daily, Kimberly) |
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Tuesday, January 28, 2025 | ||
45 | 45
order
Order on Motion for Extension of Time
Tue 01/28 4:48 PM
ELECTRONIC ORDER granting the parties'44 Joint Motion for Extension of Time to Complete Mediation and, for good cause, extending the deadlines to complete mediation to no later than March 6, 2025 and to file a Joint Mediation Report describing the status of settlement negotiations to no later than March 13, 2025. (Ordered by Magistrate Judge David L. Horan on 1/28/2025.) |
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44 | 44
![]() Agreed MOTION to Extend Time Mediation Deadline filed by Raynne or Shine Trucking LLC (Daily, Kimberly) |
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Att: 1
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Thursday, January 09, 2025 | ||
43 | 43
![]() Joint STATUS REPORT on jury trial length filed by Raynne or Shine Trucking LLC. (Daily, Kimberly) |
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Wednesday, January 08, 2025 | ||
42 | 42
order
Order Setting Deadline/Hearing
Wed 01/08 12:12 PM
ELECTRONIC ORDER: On December 18, 2024, the Court ordered the parties to, by Tuesday, January 7, 2025, file a joint status report that advises the Court of the parties' current estimate of the number of days that they expect the jury trial (set for April 7, 2025) to take. See Dkt. No. 41. No report has yet been filed. The parties are directed to file the required joint status report by 4:00 p.m. Central Time on Thursday, January 9, 2025. (Ordered by Magistrate Judge David L. Horan on 1/8/2025.) |
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Wednesday, December 18, 2024 | ||
41 | 41
![]() ORDER REQUIRING JOINT STATUS REPORT: By Tuesday, 1/7/2025, the parties must file a joint status report that advises the Court of the parties' current estimate of the number of days that they expect the jury trial (set for 4/07/2025) to take. (Ordered by Magistrate Judge David L. Horan on 12/18/2024) (twd) |
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Wednesday, October 30, 2024 | ||
40 | 40
![]() SUPPLEMENT TO35 SCHEDULING ORDER AND36 ORDER SETTING CASE FOR TRIAL: The party invoking the federal courts jurisdiction must include, in any summary judgment motion or response that the party files, evidence that is at least sufficient to support a jury finding of the citizenship of each party but better yet (to the extent there is a difference in degree here) evidence that is sufficient for the court to evaluate and determine on its own the citizenship of each party; the party invoking the federal courts jurisdiction must also include, in any summary judgment motion or response that the party files, a section of its supporting brief that addresses the necessary jurisdictional facts regarding each partys citizenship under Section 1332(a) and the supporting evidence submitted to support the Courts determinations. Plaintiff Raynne or Shine Trucking LLC should present at trial evidencethat is sufficient to support a finding or determination of the citizenship of each party. (Ordered by Magistrate Judge David L. Horan on 10/30/2024) (agc) |
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Friday, August 23, 2024 | ||
39 | 39
![]() SUPPLEMENTAL ANSWER to1 Complaint filed by Capitol Choice Trucking LLC, Kierra Henderson, Frank Lightner, TTG Logistics LLC, The Trucking Guru LLC. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Tucker, Glenn) |
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Wednesday, June 05, 2024 | ||
38 | 38
![]() NOTICE of Rule 26E Disclosures filed by Capitol Choice Trucking LLC, Kierra Henderson, Frank Lightner, TTG Logistics LLC, The Trucking Guru LLC (Tucker, Glenn) |
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Att: 1
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37 | 37
![]() NOTICE of Attorney Appearance by Glenn D Tucker, Sr on behalf of Capitol Choice Trucking LLC, Kierra Henderson, Frank Lightner, TTG Logistics LLC, The Trucking Guru LLC. (Filer confirms contact info in ECF is current.) (Tucker, Glenn) |
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Monday, May 20, 2024 | ||
36 | 36
![]() ORDER SETTING CASE FOR TRIAL: Pretrial Conference set for 4/3/2025 10:00 AM before Magistrate Judge David L. Horan. Pretrial Order due by 3/31/2025. Pretrial Materials due by 3/31/2025. Jury Trial set for 4/7/2025 09:00 AM before Magistrate Judge David L. Horan. (Ordered by Magistrate Judge David L. Horan on 5/20/2024) (ndt) |
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35 | 35
![]() SCHEDULING ORDER: Amended Pleadings due by Plaintiff's 8/9/2024 and by Defendant's 8/23/2024. Discovery due by 1/10/2025. Joinder of Parties due by 6/28/2024. Deadline for mediation is on or before 1/30/2025. Motions due by 2/14/2025. (Ordered by Magistrate Judge David L. Horan on 5/20/2024) (ndt) |
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Friday, May 17, 2024 | ||
34 | 34
![]() Amended STATUS REPORT filed by Raynne or Shine Trucking LLC. (Daily, Kimberly) |
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Friday, April 26, 2024 | ||
33 | 33
![]() STANDING ORDER ON DISCOVERY AND NON-DISPOSITIVE MOTIONS. (Ordered by Magistrate Judge David L. Horan on 4/26/2024) (agc) |
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32 | 32
![]() ORDER REQUIRING CONFERENCE AND JOINT STATUS REPORT: Plaintiff's counsel and Defendants' counsel shall confer in person or by telephone not later than 5/10/2024. Joint Status Report due by 5/17/2024. (Ordered by Magistrate Judge David L. Horan on 4/26/2024) (agc) |
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31 | 31
order
Order on Motion to Strike Order on Motion for Default Judgment Order on Motion to Set Aside Default
Fri 04/26 1:58 PM
ELECTRONIC MEMORANDUM OPINION AND ORDER denying14 Plaintiff's Motion to Strike Defendants' Original Answer to Plaintiff's Complaint and16 Plaintiff's First Amended Motion for Default Judgment and granting19 Defendants' FRCP 55(c) Motion to Set Aside Default. The Court granted Plaintiff Raynne or Shine Trucking LLCs 4 Motion for Substituted Service and ordered that substitute service on Defendants The Trucking Guru LLC, TTG Logistics LLC, Kierra Henderson, Frank Lightner, and Capitol Choice Trucking, LLC may be accomplished by email. See Dkt. No. 5. The Clerk of the Court later entered defaults against Defendants The Trucking Guru LLC, TTG Logistics LLC, Kierra Henderson, Frank Lightner, and Capitol Choice Trucking, LLC at Raynne's request. See Dkt. Nos. 8 & 9. On December 29, 2023, Defendants The Trucking Guru LLC, TTG Logistics LLC, Kierra Henderson, Frank Lightner, and Capitol Choice Trucking, LLC filed an Original Answer to Plaintiff's Original Complaint. See Dkt. No. 10. Raynne then moved to strike that answer, arguing that Defendants' answers were due on November 13, 2023; the Clerk has entered defaults against Defendants; and an untimely answer does not cure a default. See Dkt. No. 14. Raynne asserted that, "[b]ecause default was entered against Defendants on November 30, 2023, Defendants are not entitled to appear in this matter to contest Plaintiffs allegations." Dkt. No. 14 at 2. Raynne also filed 16 Plaintiff's First Amended Motion for Default Judgment, based on the same arguments and also contending that "Defendants filed their inadmissibly late 'Answer' without seeking or receiving leave of Court to do so." Dkt. No. 16 at 2. Defendants then filed a 19 FRCP 55(c) Motion to Set Aside Default, arguing that Raynne's 4 Motion for Substituted Service did not make the required showing and that there is good cause to set aside the defaults because Defendants' failure to meet the procedural filing deadline was due to excusable neglect rather than willfulness or disregard where Defendants were unaware of the email service; Raynne will not be prejudiced while Defendants would face a $1.4 million default judgment; and Defendants have filed an answer and all the parties are now before the Court notwithstanding the issues involved in serving the Defendants. Defendants also filed a 21 Response to Plaintiff's Motion to Strike Defendants' Original Answer to Plaintiff's Complaint, making essentially the same arguments. Raynne, in turn, responded that Defendants have not shown good cause to set aside the defaults where Defendants were properly served via substituted service 70 days before filing their Answer; Defendants' default was willful; and Defendants failed to present a meritorious defense. See Dkt. No. 27. Federal Rule of Civil Procedure 55(c) provides that "[t]he court may set aside an entry of default for good cause, and it may set aside a final default judgment under [Federal Rule of Civil Procedure] 60(b)." "The language of this rule is discretionary, and the decision to set aside a default is committed to the sound discretion of the trial court." Moreno v. LG Elecs., USA Inc., 800 F.3d 692, 698 (5th Cir. 2015) (cleaned up). And, as the Court has explained, "[t]he Court has discretion to allow the late filing of an answer, "[w]hen a defendant files a pleading subsequent to an entry of default, a court may construe it as a motion to set aside the default. George v. Myers, No. 3:22-cv-983-S, 2022 WL 5213378, at *1 (N.D. Tex. Sept. 13, 2022) (cleaned up), rep. & rec. adopted, 2022 WL 5213060 (N.D. Tex. Oct. 5, 2022). To decide if good cause exists, courts consider three non-exclusive factors: whether the default was willful, whether setting it aside would prejudice the adversary, and whether a meritorious defense is presented. Koerner v. CMR Constr. & Roofing, L.L.C., 910 F.3d 221, 225 (5th Cir. 2018) (cleaned up). "Defaults are generally disfavored," and, "[u]nless it appears that no injustice results from the default, relief should be granted." Id. (cleaned up). And court has considered "other factors including whether: (1) the public interest was implicated, (2) there was a significant financial loss to the defendant, and (3) the defendant acted expeditiously to correct the default." Matter of Dierschke, 975 F.2d 181, 184 (5th Cir. 1992) (cleaned up). Raynne's response relies heavily on In re OCA, 551 F.3d 359 (5th Cir. 2008), but that involved setting not entry of default but entry of a default judgment, and "the former is more readily granted than a motion to set aside a default judgment." OCA, 551 F.3d at 370 (cleaned up); accord In re Chinese Manufactured Drywall Prod. Liab. Litig., 753 F.3d 521, 544 n.20 (5th Cir. 2014) ("[T]the standard for setting aside a default decree is less rigorous than setting aside a judgment for excusable neglect." (cleaned up)). As to prejudice, "mere delay does not alone constitute prejudice," and "[t]here is no prejudice to the plaintiff where the setting aside of the default has done no harm to plaintiff except to require it to prove its case" and "[a]ll that... has [been] done is to give the defendants their day in court." Lacy v. Sitel Corp., 227 F. 3d 290, 293 (5th Cir. 2000) (cleaned up). Here, Defendants "entered an appearance before there was a ruling on the motion for default judgment, and the case is still in its early stages." Fazeli v. Dallas MTV, LLC, No. 3:16-cv-749-B, 2017 WL 1426334, at *3 (N.D. Tex. Apr. 21, 2017) (cleaned up). "To be sure, [their] delay is unfortunate. But prejudice to the plaintiff must involve more than the mere possibility of prejudice from delay inherent in every case. Requiring a plaintiff to litigate the merits of the claim is insufficient prejudice to allow a default to stand." Id. (cleaned up). No less so here despite an alleged 70-day delay in answering (or 46-day delay, counting from the date on which Raynne reports that Defendants' answer was due). Defendants have filed their Original Answer, denying Raynne's allegations, but did not otherwise attempt to explain any defense. And Raynne relies most heavily on asserting that Henderson engaged in a "willful default," which "is an intentional failure to respond to litigation." OCA, 551 F.3d at 371 n.32 (cleaned up). Although the Court doubts that it can take Federal Rule of Evidence 201 judicial notice of some state court matters that Raynne presents, the evidence of, among other things, Henderson's appearance on November 3, 2023 podcast would support a finding of willful default. But "willful evasion of process is not grounds to support entry of default judgment." Lacy, 227 F.3d at 292 n.5 (cleaned up). And, although "[a] finding of willful default ends the inquiry [necessary to deny a motion to set aside], for when the court finds an intentional failure of responsive pleadings there need be no other finding," Lacy, 227 F.3d at 292 (cleaned up), a finding of willfulness does not require denial of a motion to set aside or take away the Court's discretion to find good cause while weighing all relevant factors, see Dierschke, 975 F.2d at 184-85 ("The willful failure to answer, the lack of any meritorious defense, and the existence of resulting prejudice to the plaintiff, depending on the circumstances, typically can provide adequate cause for the court to deny a motion to set aside a default. Assuming no prejudice to the plaintiffs and that Dierschke had meritorious defenses does not automatically overcome the willful failure to answer. Willful failure alone may constitute sufficient cause for the court to deny this motion."). Here, Defendants, under the circumstances, expeditiously moved to correct the default and would face a significant financial loss under any default judgment, while Raynne faces no undue prejudice from setting aside the defaults. The Court finds, on this record and under these circumstances, good cause under Rule 55(c) to set aside the entry of defaults against Defendant The Trucking Guru, TTG Logistics LLC, Kierra Henderson, Frank Lightner, and Capitol Choice Trucking, LLC. The Court denies Raynne's requests to strike Defendants' Original Answer and enter a default judgment, sets aside the Clerk's entry of defaults [Dkt. No. 9], and orders that Defendant The Trucking Guru, TTG Logistics LLC, Kierra Henderson, Frank Lightner, and Capitol Choice Trucking, LLC's Original Answer to Plaintiff's Original Complaint will be accepted as Defendants' responsive pleading. And the Court will separately enter an order requiring a joint status report be filed by Friday, May 17, 2024. (Ordered by Magistrate Judge David L. Horan on 4/26/2024.) |
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Monday, February 12, 2024 | ||
30 | 30
![]() Amended RESPONSE filed by Raynne or Shine Trucking LLC re:19 First MOTION to Set Aside Default. (cfk) |
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29 | 29
order
Order on Motion for Leave to File
Mon 02/12 10:12 AM
ELECTRONIC ORDER granting28 Plaintiff's Unopposed Motion for Leave to File Amended Response to Defendants' FRCP 55(c) Motion to Set Aside Default. The Clerk of the Court is directed to enter the attachments to the motion for leave as of the date of this order. (Ordered by Magistrate Judge David L. Horan on 2/12/2024.) |
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28 | 28
![]() Unopposed MOTION for Leave to File Plaintiff's Amended Response to Defendant's Rule 55(c) Motion to Set Aside Default filed by Raynne or Shine Trucking LLC (Daily, Kimberly) |
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Friday, February 09, 2024 | ||
27 | 27
![]() RESPONSE filed by Raynne or Shine Trucking LLC re:19 First MOTION to Set Aside Default (Daily, Kimberly) |
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Thursday, January 25, 2024 | ||
26 | 26
![]() STANDING ORDER ON FILING MATERIALS UNDER SEAL. (Ordered by Magistrate Judge David L. Horan on 1/25/2024) (cfk) |
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25 | 25
![]() STANDING ORDER ON REQUESTS FOR HEARINGS AND ORAL ARGUMENTS. (Ordered by Magistrate Judge David L. Horan on 1/25/2024) (cfk) |
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24 | 24
order
Order on Motion for Extension of Time to File Document
Thu 01/25 4:35 PM
ELECTRONIC ORDER granting22 Joint Motion to Continue the Deadline to File a Joint Status Report and extending the deadline to file a Joint Status Report currently set for January 24, 2024 to a date that falls 21 days after the Court makes a ruling on the pending default-related motions [Dkt. Nos. 14, 16, & 19]. (Ordered by Magistrate Judge David L. Horan on 1/25/2024.) |
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23 | 23
![]() CONSENT to Proceed Before a U.S. Magistrate Judge by all parties and Order Reassigning Case. Case reassigned to Magistrate Judge David L. Horan for all further proceedings. Judge Ada Brown no longer assigned to case. (Ordered by Judge Ada Brown on 1/25/2024) (cfk) |
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Wednesday, January 24, 2024 | ||
22 | 22
![]() Joint MOTION for Extension of Time to File Joint Status Report filed by Raynne or Shine Trucking LLC with Brief/Memorandum in Support. (Daily, Kimberly) |
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Att: 1
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21 | 21
![]() RESPONSE filed by Capitol Choice Trucking LLC, Kierra Henderson, Frank Lightner, TTG Logistics LLC, The Trucking Guru LLC re:14 First MOTION to Strike Defendants' Original Answer (Eason, Steven) |
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Monday, January 22, 2024 | ||
20 | 20
order
Order Referring Motion
Mon 01/22 10:33 AM
ELECTRONIC Order Referring Motion re:19 First MOTION to Set Aside Default Motion(s) referred to Magistrate Judge David L. Horan. (Ordered by Judge Ada Brown on 1/22/2024) (chmb) |
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Friday, January 19, 2024 | ||
19 | 19
![]() First MOTION to Set Aside Default filed by Capitol Choice Trucking LLC, Kierra Henderson, Frank Lightner, TTG Logistics LLC, The Trucking Guru LLC with Brief/Memorandum in Support. (Eason, Steven) |
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Wednesday, January 10, 2024 | ||
18 | 18
![]() ORDER: The Court TERMINATES Plaintiff's15 Motion for Default and REFERS Plaintiff's14 First MOTION to Strike Defendants' Original Answer to Magistrate Judge David L. Horan. (Ordered by Judge Ada Brown on 1/10/2024) (cfk) |
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Monday, January 08, 2024 | ||
17 | 17
order
Order Referring Motion
Mon 01/08 12:10 PM
ELECTRONIC Order Referring Motion re:16 Amended MOTION for Default Judgment against All Defendants Motion(s) referred to Magistrate Judge David L. Horan. (Ordered by Judge Ada Brown on 1/8/2024) (chmb) |
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Sunday, January 07, 2024 | ||
16 | 16
![]() Amended MOTION for Default Judgment against All Defendants filed by Raynne or Shine Trucking LLC with Brief/Memorandum in Support. (Daily, Kimberly) |
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Friday, January 05, 2024 | ||
15 | 15
![]() MOTION for Default Judgment against All Defendants filed by Raynne or Shine Trucking LLC with Brief/Memorandum in Support. (Daily, Kimberly) |
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Att: 1
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14 | 14
![]() First MOTION to Strike Defendants' Original Answer filed by Raynne or Shine Trucking LLC with Brief/Memorandum in Support. (Daily, Kimberly) |
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Wednesday, January 03, 2024 | ||
13 | 13
![]() STATUS REPORT ORDER: Joint Status Report Due Three (3) Weeks from the Date of this Order. (Ordered by Judge Ada Brown on 1/3/2024) (sxf) |
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Friday, December 29, 2023 | ||
12 | 12
![]() CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Capitol Choice Trucking LLC, Kierra Henderson, Frank Lightner, TTG Logistics LLC, The Trucking Guru LLC. (Clerk QC note: No affiliate entered in ECF). (Eason, Steven) |
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11 | 11
![]() NOTICE of Attorney Appearance by Steven Lee Eason on behalf of Capitol Choice Trucking LLC, Kierra Henderson, Frank Lightner, TTG Logistics LLC, The Trucking Guru LLC. (Filer confirms contact info in ECF is current.) (Eason, Steven) |
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10 | 10
![]() ANSWER to1 Complaint,,,, with Jury Demand filed by Capitol Choice Trucking LLC, Kierra Henderson, Frank Lightner, TTG Logistics LLC, The Trucking Guru LLC. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Attorney Steven Lee Eason added to party Capitol Choice Trucking LLC(pty:dft), Attorney Steven Lee Eason added to party Kierra Henderson(pty:dft), Attorney Steven Lee Eason added to party Frank Lightner(pty:dft), Attorney Steven Lee Eason added to party TTG Logistics LLC(pty:dft), Attorney Steven Lee Eason added to party The Trucking Guru LLC(pty:dft) (Eason, Steven) |
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Thursday, November 30, 2023 | ||
9 | 9
![]() Clerk's ENTRY OF DEFAULT as to Capitol Choice Trucking LLC, Kierra Henderson, Frank Lightner, TTG Logistics LLC, The Trucking Guru LLC. (sxf) |
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Wednesday, November 29, 2023 | ||
8 | 8
![]() Request for Clerk to issue Entry of Default filed by Raynne or Shine Trucking LLC. (Daily, Kimberly) |
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Att: 1
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Tuesday, October 24, 2023 | ||
7 | 7
![]() CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Raynne or Shine Trucking LLC. (Clerk QC note: No affiliate entered in ECF). (Daily, Kimberly) |
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6 | 6
![]() SUMMONS Returned Executed as to All Defendants. (Daily, Kimberly) |
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Thursday, October 19, 2023 | ||
5 | 5
![]() ORDER granting4 Motion for Substituted Service. (Ordered by Judge Ada Brown on 10/19/2023) (kaf) |
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Friday, September 08, 2023 | ||
4 | 4
![]() MOTION Substituted Service filed by Raynne or Shine Trucking LLC (Daily, Kimberly) |
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Wednesday, August 09, 2023 | ||
3 | 3
![]() Summons Issued as to Capitol Choice Trucking LLC, Kierra Henderson, Frank Lightner, TTG Logistics LLC, The Trucking Guru LLC. (agc) |
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2 | 2
![]() New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (agc) |
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1 | 1
![]() COMPLAINT WITH JURY DEMAND against All Defendants filed by Raynne or Shine Trucking LLC. (Filing fee $402; Receipt number ATXNDC-13942582) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the[LINK:Judges Copy Requirements] and[LINK:Judge Specific Requirements] is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Daily, Kimberly) |