Liu v. Utah State University et al
| Utah District Court | |
| Judge: | Robert J Shelby |
| Case #: | 1:24-cv-00087 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | May 23, 2024 |
| Last checked: Tuesday Nov 19, 2024 1:41 AM MST |
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Defendant
Jennifer Damelio
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Represented By
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Defendant
Rebecca Seamons
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Represented By
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Defendant
Lance Seefeldt
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Represented By
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Defendant
Laurens Smith
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Represented By
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Defendant
Utah State University
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Represented By
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Plaintiff
Tianbiao Liu
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Represented By
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| Docket last updated: 31 minutes ago |
| Friday, April 04, 2025 | ||
| 48 | 48
notice
Notice of Hearing on Motion
Fri 04/04 2:53 PM
AMENDED NOTICE OF HEARING ON MOTION re:26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support (Partial) : (Notice generated by Mary Jane McNamee) Motion Hearing RESET for 7/22/2025 at 01:30 PM in Rm 3.100 before Judge Robert J. Shelby. (mjm) |
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| Friday, March 07, 2025 | ||
| 47 | 47
notice
Notice of Hearing on Motion
Fri 03/07 4:34 PM
AMENDED NOTICE OF HEARING ON MOTION re:26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support (Partial) : Motion Hearing RESET for 5/22/2025 at 2:00 PM RM 3.100 before Judge Shelby (Notice generated by Mary Jane McNamee) (mjm) |
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| Wednesday, March 05, 2025 | ||
| 46 | 46
notice
Notice of Hearing on Motion
Wed 03/05 11:49 AM
NOTICE OF HEARING ON MOTION re:26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support (Partial) : Motion Hearing set for 5/15/2025 at 1:30 PM RM 3.100 before Judge Shelby (Notice generated by Mary Jane McNamee) (mjm) |
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| Thursday, December 05, 2024 | ||
| 45 | 45
respm
Reply Memorandum/Reply to Response to Motion
Thu 12/05 11:10 AM
REPLY to Response to Motion re26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support (Partial) filed by Defendants Jennifer Damelio, Rebecca Seamons, Lance Seefeldt, Laurens Smith, Utah State University. (Adams, Joseph T.) |
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| 44 | 44
order
Order on Motion for Leave to File
Thu 12/05 9:12 AM
DOCKET TEXT ORDER granting 43 Defendants' Motion for Leave to File Overlength Brief. Defendants may file a reply in support of their motion to dismiss 26 of up to twenty pages. Signed by Magistrate Judge Daphne A. Oberg on 12/5/2024. No attached document. (med) |
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| Wednesday, December 04, 2024 | ||
| 43 | 43
motion
Leave to File Document
Wed 12/04 3:24 PM
Defendant's MOTION for Leave to File Overlength Brief filed by Defendants Jennifer Damelio, Rebecca Seamons, Lance Seefeldt, Laurens Smith, Utah State University. Motions referred to Daphne A. Oberg.(Adams, Joseph T.) |
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Att: 1
Text of Proposed Order
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| 42 | 42
order
Order on Motion for Leave to File
Wed 12/04 3:01 PM
DOCKET TEXT ORDER denying without prejudice 41 Defendants' Motion for Leave to File Overlength Brief. Defendants seek an additional twelve pages beyond the page limit in DUCivR 56-1(g)(1). However, DUCivR 56-1 applies to summary judgment motions (not motions to dismiss), and subsection (g) no longer exists in the current version of the local rules. Under the current local rules, available on the court's website at https://www.utd.uscourts.gov/rules-practice, the applicable page limit is found in DUCivR 7-1(a)(4)(A)(ii), which limits a reply in support of a Rule 12(b) motion to 10 pages or 3,100 words. Therefore, Defendants' motion for leave to file an overlength brief is denied without prejudice. Defendants may file a new motion which specifies the length of the reply brief they seek to submit. Signed by Magistrate Judge Daphne A. Oberg on 12/4/2024. No attached document. (med) |
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| 41 | 41
motion
Leave to File Document
Wed 12/04 12:55 PM
Defendant's MOTION for Leave to File Overlength Brief filed by Defendants Jennifer Damelio, Rebecca Seamons, Lance Seefeldt, Laurens Smith, Utah State University. Motions referred to Daphne A. Oberg.(Adams, Joseph T.) |
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Att: 1
Text of Proposed Order
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| Tuesday, November 26, 2024 | ||
| 40 | 40
order
Order on Motion for Extension of Time to File Response/Reply
Tue 11/26 9:26 AM
DOCKET TEXT ORDER granting 39 Stipulated Motion for Extension of Time to File Reply in support of 26 Partial Motion to Dismiss. The deadline to file a reply is extended to December 10, 2024. Signed by Magistrate Judge Daphne A. Oberg on 11/26/2024. No attached document. (med) |
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| Monday, November 25, 2024 | ||
| 39 | 39
motion
Extension of Time to File Response/Reply
Mon 11/25 2:34 PM
Stipulated MOTION for Extension of Time to File Response/Reply as to36 Memorandum in Opposition to Motion, filed by Defendants Jennifer Damelio, Rebecca Seamons, Lance Seefeldt, Laurens Smith, Utah State University. Motions referred to Daphne A. Oberg.(Adams, Joseph T.) |
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| Wednesday, November 13, 2024 | ||
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order
Order on Motion for Leave to File Excess Pages
Wed 11/13 10:27 AM
DOCKET TEXT ORDER granting 37 Plaintiff's Motion for Leave to File Excess Pages. Plaintiff's overlength opposition memorandum 36 is accepted. Signed by Magistrate Judge Daphne A. Oberg on 11/13/2024. No attached document. (med) |
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| Tuesday, November 12, 2024 | ||
| 37 | 37
motion
File Excess Pages
Tue 11/12 9:31 PM
Plaintiff's MOTION for Leave to File Excess Pages and Memorandum in Support filed by Plaintiff Tianbiao Liu. Motions referred to Daphne A. Oberg.(Bergman, Aaron) |
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| 36 | 36
30+
pgs
respm
Memorandum in Opposition to Motion
Tue 11/12 8:29 PM
Plaintiff's MEMORANDUM in Opposition re26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support (Partial) filed by Plaintiff Tianbiao Liu.(Bergman, Aaron) |
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Att: 1
Exhibit Exhibit "A" Act of 2.5.1871
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| Thursday, November 07, 2024 | ||
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order
Order on Motion for Extension of Time to File Response/Reply
Thu 11/07 10:46 AM
DOCKET TEXT ORDER granting 34 Stipulated Motion for Extension of Time to File Response as to 26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support (Partial) . Plaintiff's response deadline is extended to November 12, 2024. Signed by Magistrate Judge Daphne A. Oberg on 11/7/2024. No attached document. (med) |
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| Wednesday, November 06, 2024 | ||
| 34 | 34
motion
Extension of Time to File Response/Reply
Wed 11/06 2:14 PM
Stipulated MOTION for Extension of Time to File Response/Reply as to26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support (Partial) and Memorandum in Support filed by Plaintiff Tianbiao Liu. Motions referred to Daphne A. Oberg.(Bergman, Aaron) |
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| Wednesday, October 30, 2024 | ||
| 31 | 31
motion
Extension of Time to File Response/Reply
Wed 10/30 2:32 PM
MOTION for Extension of Time to File Response/Reply 7 days and Memorandum in Support filed by Plaintiff Tianbiao Liu. Motions referred to Daphne A. Oberg.(Bergman, Aaron) Modified by correcting motion event and text on 10/30/2024 (mh) |
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misc
Modification of Docket
Wed 10/30 3:19 PM
Modification of Docket re31 MOTION: Error: Pleading motion event used was Motion for Extension of Time. Pleading requesting extension to file opposition to26 motion. Correction: Pleading motion event corrected to, Motion for Extension of Time to File Response/Reply. No further action needed. (mh) |
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order
Order on Motion for Extension of Time to File Response/Reply
Wed 10/30 3:49 PM
DOCKET TEXT ORDER granting 31 Stipulated Motion for Extension of Time to File Response as to 26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support (Partial). Plaintiff's response deadline is extended to November 6, 2024. Signed by Magistrate Judge Daphne A. Oberg on 10/30/2024. No attached document. (med) |
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| Tuesday, October 15, 2024 | ||
| 29 | 29
motion
Extension of Time to File Response/Reply
Tue 10/15 3:39 PM
Second MOTION for Extension of Time to File Response/Reply as to26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support (Partial) and Memorandum in Support filed by Plaintiff Tianbiao Liu. Motions referred to Daphne A. Oberg.(Bergman, Aaron) |
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order
Order on Motion for Extension of Time to File Response/Reply
Tue 10/15 9:20 AM
DOCKET TEXT ORDER granting 27 Stipulated Motion for Extension of Time to File Response as to 26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support (Partial) . Plaintiff's response deadline is extended to October 16, 2024. Signed by Magistrate Judge Daphne A. Oberg on 10/15/2024. No attached document. (med) |
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order
Order on Motion for Extension of Time to File Response/Reply
Tue 10/15 3:54 PM
DOCKET TEXT ORDER granting 29 Second Stipulated Motion for Extension of Time to File Response as to 26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support (Partial) . Plaintiff's response deadline is extended to October 30, 2024. Signed by Magistrate Judge Daphne A. Oberg on 10/15/2024. No attached document. (med) |
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| Friday, October 11, 2024 | ||
| 27 | 27
motion
Extension of Time to File Response/Reply
Fri 10/11 4:37 PM
MOTION for Extension of Time to File Response/Reply as to26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support (Partial) filed by Plaintiff Tianbiao Liu. Motions referred to Daphne A. Oberg.(Bergman, Aaron) |
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| Friday, September 13, 2024 | ||
| 26 | 26
motion
Dismiss for Failure to State a Claim
Fri 09/13 2:32 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support (Partial) filed by Defendants Jennifer Damelio, Rebecca Seamons, Lance Seefeldt, Laurens Smith, Utah State University. (Adams, Joseph T.) |
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| Friday, August 16, 2024 | ||
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utility
Reassignment to District Judge
Fri 08/16 3:33 PM
NOTICE OF NON-CONSENT Consent to the jurisdiction of the Magistrate Judge under DUCivR 72-4 has not been obtained. Case randomly assigned to Judge Robert J. Shelby and Magistrate Judge Daphne A. Oberg. Magistrate Judge is automatically referred under 28 U.S.C636(b)(1)(A). Magistrate Judge Daphne A. Oberg no longer assigned as the presiding judge to the case. (mh) |
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| Monday, August 05, 2024 | ||
| 24 | 24
service
Summons Returned Executed
Mon 08/05 9:36 AM
SUMMONS Returned Executed by Tianbiao Liu. Summons served on All Defendants, on August 1, 2024. (Bergman, Aaron) |
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| Friday, August 02, 2024 | ||
| 22 | 22
service
Certificate of Service
Fri 08/02 2:54 PM
CERTIFICATE OF SERVICE by Tianbiao Liu re21 Certificate of Service AMENDED (Bergman, Aaron) |
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notice
Notice of Deficiency
Mon 08/05 8:14 AM
NOTICE OF DEFICIENCY re22 Certificate of Service. The document is stricken as improperly filed. Please refile using the event "Summons Returned Executed" in order to set an answer deadline. The clerk requests the filer of the original document to refile the pleading. The new pleading will receive a new document number on the docket. (alf) |
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| Thursday, August 01, 2024 | ||
| 21 | 21
service
Certificate of Service
Thu 08/01 4:10 PM
CERTIFICATE OF SERVICE by Tianbiao Liu re14 Amended Complaint (Bergman, Aaron) |
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| Thursday, July 25, 2024 | ||
| 19 | 19
notice
Notice of Appearance
Thu 07/25 3:00 PM
NOTICE of Appearance by Daniel R. Widdison on behalf of Jennifer Damelio, Rebecca Seamons, Lance Seefeldt, Laurens Smith, Utah State University (Widdison, Daniel) |
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| 18 | 18
notice
Notice of Presiding Magistrate Assignment
Thu 07/25 9:12 AM
NOTICE OF PRESIDING MAGISTRATE JUDGE ASSIGNMENT - This case is assigned to a magistrate judge. Under 28 U.S.C. 636(c), Fed. R. Civ. P. 73, and DUCivR 72-4, you are hereby notified that a magistrate judge for the District of Utah may conduct any or all proceedings in this case, including a jury or bench trial and entry of a final judgment. Exercise of this jurisdiction by the magistrate judge is permitted only if all parties voluntarily sign and return the form. To consent, return the Consent Form to the clerk's office within 21 days via email at consents@utd.uscourts.gov or mail to the address on the form. Please do not efile the Consent Form in the case. Notice emailed or mailed to Defendants Jennifer Damelio, Rebecca Seamons, Lance Seefeldt, Laurens Smith, Utah State University, Plaintiff Tianbiao Liu. Form due by 8/15/2024. (mh) |
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notice
Notice of Availability of Judicial Settlement Conference
Thu 07/25 8:22 AM
NOTICE OF AVAILABILITY OF JUDICIAL SETTLEMENT CONFERENCE. For the benefit of the public and the bar, the District of Utah offers judicial settlement conference as an alternative for dispute resolution assistance in all civil cases and bankruptcy adversary proceedings. The court offers this alternative because, when compared with litigation, it can resolve a dispute faster, at less expense, and with solutions that are better able to meet the parties' needs and interests. Parties may file a stipulated motion for judicial settlement conference. A form[LINK:motion] is available on the court's website. Notice e-mailed or mailed to Defendants Jennifer Damelio, Rebecca Seamons, Lance Seefeldt, Laurens Smith, Utah State University, Plaintiff Tianbiao Liu. (alf) |
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misc
Received Consent /Reassignment Form
Thu 07/25 3:08 PM
RECEIVED Consent/Reassignment Form from Defendants Jennifer Damelio, Rebecca Seamons, Lance Seefeldt, Laurens Smith and Utah State University. (mh) |
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| Tuesday, July 23, 2024 | ||
| 16 | 16
notice
Notice of Appearance
Tue 07/23 2:23 PM
NOTICE of Appearance by Joseph T. Adams on behalf of Jennifer Damelio, Rebecca Seamons, Lance Seefeldt, Laurens Smith, Utah State University (Adams, Joseph T.) |
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| 15 | 15
service
Waiver of Service Executed
Tue 07/23 8:28 AM
WAIVER OF SERVICE Returned Executed filed by Tianbiao Liu as to All Defendants. (Bergman, Aaron) |
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| Tuesday, July 02, 2024 | ||
| 14 | 14
cmp
Amended Complaint
Tue 07/02 11:55 AM
AMENDED COMPLAINT First Amended Complaint and Jury Demand against All Defendants with Jury Demand. filed by Tianbiao Liu. (Bergman, Aaron) |
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| Thursday, June 27, 2024 | ||
| 13 | 13
service
Summons Returned Executed
Thu 06/27 3:28 PM
SUMMONS Returned Executed by Tianbiao Liu. Summons served on Utah State University, on 06 24-2024 (Bergman, Aaron) |
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| Thursday, June 20, 2024 | ||
| 12 | 12
service
Summons Returned Executed
Thu 06/20 11:23 AM
SUMMONS Returned Executed by Tianbiao Liu. Summons served on Rebecca Seamons, on 06/19/2024. (Bergman, Aaron) |
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| 11 | 11
service
Summons Returned Executed
Thu 06/20 11:22 AM
SUMMONS Returned Executed by Tianbiao Liu. Summons served on Laurens Smith, on 06/20/2024. (Bergman, Aaron) |
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| 10 | 10
service
Summons Returned Executed
Thu 06/20 11:19 AM
SUMMONS Returned Executed by Tianbiao Liu. Summons served on Lance Seefeldt, on 06/20/2024. (Bergman, Aaron) |
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| 9 | 9
service
Summons Returned Executed
Thu 06/20 11:15 AM
SUMMONS Returned Executed by Tianbiao Liu. Summons served on Jennifer Damelio, on 06/20/2024. (Bergman, Aaron) |
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| Tuesday, May 28, 2024 | ||
| 8 | 8
5
pgs
order
Order to Propose Schedule
Tue 05/28 3:12 PM
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Daphne A. Oberg on 5/28/2024. (haa) |
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| Thursday, May 23, 2024 | ||
| 7 | 7
service
Summons Issued Electronically
Thu 05/23 2:25 PM
Summons Issued Electronically as to Utah State University. Instructions to Counsel: 1. Click on the document number. 2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF. 3. Print the issued summons for service. (sg) |
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| 6 | 6
service
Summons Issued Electronically
Thu 05/23 2:24 PM
Summons Issued Electronically as to Rebecca Seamons. Instructions to Counsel: 1. Click on the document number. 2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF. 3. Print the issued summons for service. (sg) |
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| 5 | 5
service
Summons Issued Electronically
Thu 05/23 2:24 PM
Summons Issued Electronically as to Laurens Smith. Instructions to Counsel: 1. Click on the document number. 2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF. 3. Print the issued summons for service. (sg) |
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| 4 | 4
service
Summons Issued Electronically
Thu 05/23 2:23 PM
Summons Issued Electronically as to Lance Seefeldt. Instructions to Counsel: 1. Click on the document number. 2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF. 3. Print the issued summons for service. (sg) |
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| 3 | 3
service
Summons Issued Electronically
Thu 05/23 2:23 PM
Summons Issued Electronically as to Jennifer Damelio. Instructions to Counsel: 1. Click on the document number. 2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF. 3. Print the issued summons for service. (sg) |
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| 2 | 2
cmp
Complaint (Atty)
Thu 05/23 1:49 PM
COMPLAINT against All Defendants (Filing fee $ 405, receipt number AUTDC-5071155) filed by Tianbiao Liu. (Bergman, Aaron) |
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Att: 1
Civil Cover Sheet
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| 1 | 1
misc
Remark - New Case
Thu 05/23 10:33 AM
Case has been indexed and assigned to Magistrate Judge Daphne A. Oberg. Plaintiff Tianbiao Liu is directed to E-File the Complaint and civil cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 405 by the end of the business day. NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts[LINK:PDF version] and email it to utdecf_clerk@utd.uscourts.gov for issuance. (kec) |
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