Arch Insurance Company v. Herrera et al
| Texas Western District Court | |
| Judge: | Fred Biery |
| Referred: | Richard B Farrer |
| Case #: | 5:24-cv-00152 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:2201 Declaratory Judgement (Insurance) |
| Case Filed: | Feb 14, 2024 |
| Terminated: | Mar 13, 2025 |
| Last checked: Monday Aug 12, 2024 3:43 AM CDT |
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Counter Defendant
Arch Insurance Company
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Represented By
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Counter Plaintiff
Rita Candelario
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Represented By
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Defendant
Rita Candelario
2669 Heritage Court
Las Vegas, NV 89121 |
Represented By
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Plaintiff
Arch Insurance Company
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Represented By
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| TERMINATED PARTIES | |
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Defendant
Javier Herrera
Terminated: 04/05/2024
The Herrera Law Firm 1800 W Commerce St
San Antonio, TX 78207 |
Represented By
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GPO
Nov 21 2024
REPORT AND RECOMMENDATIONS re 6 Motion to Dismiss, filed by Javier Herrera, Rita Candelario. Signed by Judge Richard B. Farrer. (mgr) |
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GPO
Jan 13 2025
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 28 Report and Recommendations. Signed by Judge Fred Biery. (mgr) |
| Docket last updated: 05/06/2025 11:59 PM CDT |
| Thursday, March 13, 2025 | ||
| 35 | 35
1
pgs
order
Order on Motion to Dismiss
Thu 03/13 3:26 PM
ORDER GRANTING34 Motion to Dismiss. IT IS THEREFORE ORDERED, ADJUDGED and DECREED that Candelarios Motion toVoluntarilyDismiss her Counterclaim Against Arch Insurance Company (docket no. 34) is GRANTEDsuch that Defendants counterclaim against Plaintiff is DISMISSED WITHOUT PREJUDICE.IT IS FURTHER ORDERED, ADJUDGED and DECREED that remaining motions pendingwith the Court, if any, are Dismissed as Moot and this case is CLOSED. Signed by Judge Fred Biery. (mgr) |
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utility
Case No Longer Referred to Magistrate Judge
Thu 03/13 3:27 PM
CASE NO LONGER REFERRED to Magistrate Judge Richard B. Farrer. (mgr) |
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| Monday, February 24, 2025 | ||
| 34 | 34
motion
Dismiss
Mon 02/24 2:57 PM
MOTION to Dismiss her Counterclaim Against Arch Insurance Company by Rita Candelario.. Motions referred to Judge Richard B. Farrer. (Chiscano, Steve) |
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| Monday, January 13, 2025 | ||
| 33 | 33
2
pgs
order
Order Adopting/Rejecting Report and Recommendations
Wed 01/15 9:24 AM
ORDER ADOPTING REPORT AND RECOMMENDATIONS for28 Report and Recommendations. Signed by Judge Fred Biery. (mgr) |
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| Friday, December 20, 2024 | ||
| 32 | 32
misc
Response
Fri 12/20 3:00 PM
RESPONSE Candelario's Response to Arch's Objection to Magistrate Judge Farrer's Report & Recommendation to31 Miscellaneous Objection, by Rita Candelario. (Chiscano, Steve) |
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| Friday, December 06, 2024 | ||
| 31 | 31
respoth
Miscellaneous Objection
Fri 12/06 8:30 PM
Miscellaneous Objection to US Magistrate Judge's 11.21.2024 Recommendation and Motion for Leave to File Second Amended Petition by Arch Insurance Company.(Ibarra-Myers, Mary) |
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Att: 1
Exhibit,
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Att: 2
Exhibit,
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Att: 3
Exhibit,
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Att: 4
Exhibit,
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Att: 5
Exhibit,
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Att: 6
Exhibit,
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Att: 7
Exhibit,
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Att: 8
Exhibit,
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Att: 9
Exhibit
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| Friday, November 22, 2024 | ||
| 30 | 30
respm
Response to Motion
Fri 11/22 4:43 PM
RESPONSE to Motion, filed by Rita Candelario, re26 MOTION to Dismiss filed by Arch Insurance Company(Chiscano, Steve) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D
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| 29 | 29
respm
Response to Motion
Fri 11/22 4:17 PM
RESPONSE to Motion, filed by Arch Insurance Company, re25 MOTION for Summary Judgment filed by Defendant Rita Candelario(Ibarra-Myers, Mary) |
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2,
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Att: 3
Exhibit 3
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| Thursday, November 21, 2024 | ||
| 28 | 28
misc
Report and Recommendations
Fri 11/22 2:52 PM
REPORT AND RECOMMENDATIONS re6 Motion to Dismiss, filed by Javier Herrera, Rita Candelario. Signed by Judge Richard B. Farrer. (mgr) |
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| Tuesday, November 12, 2024 | ||
| 27 | 27
notice
Notice
Tue 11/12 8:58 AM
NOTICE of Vacation for Attorney Steve Chiscano by Rita Candelario (Gonzalez, Henry) |
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| Friday, November 08, 2024 | ||
| 26 | 26
motion
Dismiss
Fri 11/08 10:36 PM
MOTION to Dismiss by Arch Insurance Company.. Motions referred to Judge Richard B. Farrer. (Chasnoff, Barry) |
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| 25 | 25
motion
Summary Judgment
Fri 11/08 2:57 PM
MOTION for Summary Judgment by Rita Candelario.. Motions referred to Judge Richard B. Farrer. (Gonzalez, Henry) |
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Att: 1
Proposed Order Candelario's Proposed Final Judgment/Order Granting Defendant Motion for Summary Judgment,
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Att: 2
Exhibit Ex. A - Plaintiff's Petition,
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Att: 3
Exhibit Ex. B - Email from Meyers,
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Att: 4
Exhibit Ex. C - 12.20.2023 Email,
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Att: 5
Exhibit Ex. D - 12.21.23 Email,
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Att: 6
Exhibit Ex. E - Defs' JMTS,
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Att: 7
Exhibit Ex. F - Email 12.20.23,
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Att: 8
Exhibit Ex. G - Javier Herrera Affidavit
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| Tuesday, November 05, 2024 | ||
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order
Order on Motion to Continue
Tue 11/05 9:25 AM
Text Order GRANTING AS UNOPPOSED24 Plaintiff's Motion to Continue Hearing entered by Judge Richard B. Farrer. The motion hearing scheduled to take place on November 8, 2024, will be re-scheduled by separate order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cslc) |
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| Monday, November 04, 2024 | ||
| 24 | 24
motion
Continue
Mon 11/04 1:17 PM
Unopposed MOTION to Continue Hearing on Defendant's Motion to Dismiss by Arch Insurance Company.. Motions referred to Judge Richard B. Farrer. (Ibarra-Myers, Mary) |
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Att: 1
Proposed Order
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| Thursday, October 31, 2024 | ||
| 23 | 23
1
pgs
order
Order ~Util - Set Motion Hearings
Thu 10/31 9:37 AM
ORDER re6 MOTION to Dismiss filed by Javier Herrera, Rita Candelario, Set Motion Hearing for6 MOTION to Dismiss ( Motion Hearing set for 11/8/2024 1:00 PM before Judge Richard B. Farrer,). Signed by Judge Richard B. Farrer. (mgr) |
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| Thursday, October 24, 2024 | ||
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order
Order on Motion to be Excused from ADR/Mediation
Thu 10/24 3:10 PM
Text Order GRANTING as unopposed22 Motion to be Excused from ADR/Mediation entered by Judge Richard B. Farrer. (This is a text-only entry generated by the court. There is no document associated with this entry.) (RBF) |
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| Thursday, October 03, 2024 | ||
| 22 | 22
motion
Excused from ADR/Mediation
Thu 10/03 2:55 PM
MOTION to be Excused from ADR/Mediation by Arch Insurance Company.. Motions referred to Judge Richard B. Farrer. (Ibarra-Myers, Mary) |
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Att: 1
Proposed Order
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| Wednesday, August 07, 2024 | ||
| 21 | 21
answer
Answer to Amended Complaint Counterclaim
Wed 08/07 5:56 PM
Defendant Rita Candelario's ANSWER to12 Amended Complaint Subject to Her 12(B) Motion to Dismiss , COUNTERCLAIM against Arch Insurance Company by Rita Candelario.(Gonzalez, Henry) |
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| Tuesday, June 11, 2024 | ||
| 20 | 20
order
Scheduling Order
Wed 06/12 12:27 PM
SCHEDULING ORDER: ADR Report Deadline due by 12/2/2024, Amended Pleadings due by 8/7/2024, Discovery due by 10/17/2024, Motions due by 11/8/2024,. Signed by Judge Richard B. Farrer. (mgr) |
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| 19 | 19
misc
Response
Tue 06/11 6:57 PM
RESPONSE to Judge Farrer's to18 Order to Show Cause,, by Arch Insurance Company. (Ibarra-Myers, Mary) |
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| 18 | 18
2
pgs
order
Order to Show Cause
Tue 06/11 3:51 PM
ORDER TO SHOW CAUSE-- Accordingly, Plaintiff is ORDERED to show cause to explain and justify Plaintiffsabsence at the Initial Pretrial Conference and failure to comply with the Courts April 3, 2024 Order. Plaintiff is ORDERED to file with the Court a Response to this Show Cause Order within 30 days from the date of this Order. Once the Court has reviewed that Response, it will issue further appropriate Orders and may impose appropriate sanctions without further warning. as to Arch Insurance Company.. Signed by Judge Richard B. Farrer. (mgr) |
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| 17 | 17
minutes
Pretrial Conference
Tue 06/11 3:50 PM
Minute Entry for proceedings held before Judge Richard B. Farrer: Pretrial Conference held on 6/11/2024 (Minute entry documents are not available electronically.). (Court Reporter FTR Gold.)(mgr) |
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| Friday, June 07, 2024 | ||
| 16 | 16
misc
Rule 26(f) Discovery Report/Case Management Plan
Fri 06/07 9:23 AM
Rule 26(f) Discovery Report/Case Management Plan Joint Federal Rule of Civil Procedure 26 Report by Rita Candelario, Javier Herrera. (Chiscano, Steve) |
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| Monday, June 03, 2024 | ||
| 15 | 15
2
pgs
order
Order
Mon 06/03 4:54 PM
SECOND ORDER REGARDING INITIAL PRETRIAL CONFERENCE MATERIALS--The parties are once again ORDERED to confer and file their joint 26(f) report as already required by the prior Order, Dkt. No. 10, and the deadline for filing that report is extended to June 7, 2024, at 12:00 p.m.. Signed by Judge Richard B. Farrer. (mgr) |
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| Tuesday, May 21, 2024 | ||
| 14 | 14
misc
Scheduling Recommendations/Proposed Scheduling Order
Tue 05/21 4:19 PM
Proposed Scheduling Order by Rita Candelario, Javier Herrera. (Chiscano, Steve) |
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| Friday, April 05, 2024 | ||
| 13 | 13
respm
Response to Motion
Fri 04/05 9:12 PM
RESPONSE to Motion, filed by Arch Insurance Company, re6 MOTION to Dismiss filed by Defendant Javier Herrera, Defendant Rita Candelario (Ibarra-Myers, Mary) |
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| 12 | 12
cmp
Amended Complaint
Fri 04/05 3:07 PM
AMENDED COMPLAINT against Rita Candelario amending, filed by Arch Insurance Company.(Ibarra-Myers, Mary) |
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Att: 1
Exhibit Rule 11 Agreement,
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Att: 2
Exhibit Signed acceptance
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| 11 | 11
notice
Notice of Voluntary Dismissal
Fri 04/05 2:58 PM
NOTICE of Voluntary Dismissal by Arch Insurance Company (Ibarra-Myers, Mary) |
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| Wednesday, April 03, 2024 | ||
| 10 | 10
10
pgs
order
Order ~Util - Set Deadlines/Hearings
Wed 04/03 2:45 PM
ORDER REGARDING CERTAIN PRETRIAL MATTERS, ( Scheduling Recommendations/Proposed Scheduling Order due by 5/31/2024,, Initial Pretrial Conference set Via Zoom for 6/11/2024 02:00 PM before Judge Richard B. Farrer,). Signed by Judge Richard B. Farrer. (wg) |
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| Monday, March 25, 2024 | ||
| 9 | 9
2
pgs
order
Order Referring Case to Magistrate Judge
Mon 03/25 11:15 AM
ORDER REFERRING CASE to Magistrate Judge Richard B. Farrer. Signed by Judge Fred Biery.. Referral Magistrate Judge: Richard B. Farrer. (wg) |
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| 8 | 8
2
pgs
order
Order
Mon 03/25 11:05 AM
COURT ADVISORY CONCERNING DISCOVERY AND OTHER MATTERS. Signed by Judge Fred Biery. (wg) |
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| 7 | 7
7
pgs
order
Order for Scheduling Recommendations/Proposed Sched Order Notice of Right to Consent to Magistrate Trial
Mon 03/25 11:02 AM
Order for Scheduling Recommendations/Proposed Scheduling Order. Scheduling recommendations/proposed scheduling order due to the Court within sixty (60) days after the appearance of any defendant., Notice of right to consent to disposition of a civil case by a U.S. Magistrate Judge. Signed by Judge Fred Biery. (wg) |
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| Friday, March 22, 2024 | ||
| 6 | 6
motion
Dismiss
Fri 03/22 5:10 PM
MOTION to Dismiss by Rita Candelario, Javier Herrera.(Chiscano, Steve) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D,
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Att: 5
Exhibit E,
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Att: 6
Exhibit F,
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Att: 7
Exhibit G,
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Att: 8
Exhibit H,
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Att: 9
Exhibit I,
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Att: 10
Exhibit J,
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Att: 11
Exhibit K,
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Att: 12
Exhibit L,
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Att: 13
Exhibit M,
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Att: 14
Exhibit N,
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Att: 15
Proposed Order
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| Tuesday, March 12, 2024 | ||
| 5 | 5
service
Summons Returned Executed
Tue 03/12 5:23 PM
SUMMONS Returned Executed by Arch Insurance Company. Rita Candelario served on 3/4/2024, answer due 3/25/2024. (Ibarra-Myers, Mary) |
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| 4 | 4
service
Summons Returned Executed
Tue 03/12 5:20 PM
SUMMONS Returned Executed by Arch Insurance Company. Javier Herrera served on 3/4/2024, answer due 3/25/2024. (Ibarra-Myers, Mary) |
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| Friday, February 23, 2024 | ||
| 3 | 3
service
Summons Issued
Fri 02/23 1:32 PM
Summons Issued as to Rita Candelario, Javier Herrera. (mgr) |
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| Thursday, February 22, 2024 | ||
| 2 | 2
service
Request for Issuance of Summons
Thu 02/22 12:57 PM
REQUEST FOR ISSUANCE OF SUMMONS by Arch Insurance Company. Summons Herrera and Candelario (Ibarra-Myers, Mary) |
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| Wednesday, February 14, 2024 | ||
| 1 | 1
11
pgs
cmp
Complaint
Wed 02/14 3:36 PM
COMPLAINT for Declaratory Judgment ( Filing fee $ 405 receipt number ATXWDC-18418327). No Summons requested at this time, filed by Arch Insurance Company.(Chasnoff, Barry) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Civil Cover Sheet
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utility
Case Assigned/Reassigned
Thu 02/15 10:27 AM
Case assigned to Judge Fred Biery. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (rqr) |
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misc
To be Referred to SA Mag Judge
Thu 02/15 10:28 AM
If ordered by the court, all referrals will be assigned to Magistrate Judge Farrer (rqr) |
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