Plaintiff Steve Weinberg challenges the authority of the National Football League Players Association (NFLPA) under federal law to regulate the conduct of Contract Advisors who serve on the union's behalf.
Date Filed
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Docket Text
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| December 18, 2006 |
1
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Defendants' NOTICE OF REMOVAL from 95th Judicial District Court of Dallas County, Texas, case number 06-11845 filed by Richard Berthelsen, Gene Upshaw, Tom DePaso, Trace Armstrong, John
Collins, Keith Washington, Mark Levin, National Football League Players Association. (Filing fee $ 350; receipt number 7003) (Attachments: # 1 Exhibit A# 2 Exhibit A-1# 3 Exhibit A-2# 4 Exhibit A-3# 5 Exhibit A-4# 6 Exhibit B# 7 Exhibit C# 8 Exhibit D# 9 Exhibit E# 10 Civil Cover Sheet # 11 Supplemental Civil Cover Sheet) (axm, ) Modified on 12/19/2006 (axm, ). (Entered:
12/18/2006)
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| December 18, 2006 |
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DEMAND for Trial by Jury by Steve Weinberg. (contained within notice of removal) (axm, ) (Entered: December 18, 2006)
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| December 18, 2006 |
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***Magistrate Judge Kaplan chosen by random selection to handle matters that may be referred in this case. (axm, ) (Entered: December 18, 2006)
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| December 18, 2006 |
2
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Defendants' CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Richard Berthelsen, Gene Upshaw, Tom DePaso, Trace Armstrong, John Collins, Keith Washington, Mark Levin, National
Football League Players Association. (axm, ) (Entered: December 18, 2006)
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| December 18, 2006 |
3
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Standing Order Designating Case for ECF - see order for specifics. (Signed by Judge Jane J Boyle on 12/18/2006) (axm, ) (Entered: December 18, 2006)
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| December 21, 2006 |
4
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Emergency Motion for Extension of Time to File Answer , Move, or Otherwise Respond to the Petition by Richard Berthelsen, Gene Upshaw, Tom DePaso, Trace Armstrong, John Collins,
Keith Washington, Mark Levin, National Football League Players Association with Memorandum of Law in Support Thereof. (Attachments: # 1 Proposed Order) (Miller, Ralph) (Entered: December 21, 2006)
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| December 21, 2006 |
5
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ORDER granting 4 Emergency Motion for Extension of Time to File Answer, Move,
or Otherwise Respond to the Petition. Richard Berthelsen answer due 1/9/2007; Gene Upshaw answer due 1/9/2007; Tom DePaso answer due 1/9/2007; Trace Armstrong answer due 1/9/2007; John
Collins answer due 1/9/2007; Keith Washington answer due 1/9/2007; Mark Levin answer due 1/9/2007; National Football League Players Association answer due 1/9/2007. (Signed by Judge Jane J
Boyle on 12/21/06) (svc, ) (Entered: December 22, 2006)
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| December 27, 2006 |
6
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MOTION to Dismiss for Lack of Jurisdiction by Roger Kaplan (Butler, Allen) (Entered: December 27, 2006)
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| December 27, 2006 |
7
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Brief/Memorandum in Support filed by Roger Kaplan re 6 MOTION to Dismiss for
Lack of Jurisdiction (Attachments: # 1 Appendix in Support of Roger P. Kaplan's
Motion to Dismiss and Brief in Support) (Butler, Allen) (Entered: December 27, 2006)
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| December 27, 2006 |
8
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CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Roger Kaplan. (Butler, Allen) (Entered: December 27, 2006)
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| January 4, 2007 |
9
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Application and Order for Admission Pro Hac Vice by David Greenspan for Richard Berthelsen, Gene Upshaw, Tom DePaso, Trace Armstrong, John Collins, Keith Washington, Mark Levin and National
Football League Players Assoc. (Signed by Judge Jane J Boyle on 1/4/07) (jrb, ) (Entered: January 5, 2007)
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| January 4, 2007 |
10
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Application and Order for Admission Pro Hac Vice by Adam J Kaiser for Richard Berthelsen, Gene Upshaw, Tom DePaso, Trace Armstrong, John Collins, Keith Washington, Mark Levin and National
Football League Players Assoc. (Signed by Judge Jane J Boyle on 1/4/07) (jrb, ) (Entered: January 5, 2007)
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| January 4, 2007 |
11
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Application and Order for Admission Pro Hac Vice by Jeffrey L Kessler for Richard Berthelsen, Gene Upshaw, Tom DePaso, Trace Armstrong, John Collins, Keith Washington, Mark Levin and
National Football League Players Assoc. (Signed by Judge Jane J Boyle on 1/4/07) (jrb, ) (Entered: January 5, 2007)
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| January 4, 2007 |
12
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Application and Order for Admission Pro Hac Vice by Molly Donovan for Richard Berthelsen, Gene Upshaw, Tom DePaso, Trace Armstrong, John Collins, Keith Washington, Mark Levin and National
Football League Players Assoc. (Signed by Judge Jane J Boyle on 1/4/07) (jrb, ) (Entered: January 5, 2007)
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| January 9, 2007 |
13
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MOTION to Compel Arbitration and to Dismiss the Petition by Richard Berthelsen, Gene Upshaw, Tom DePaso, Trace Armstrong, John Collins, Keith Washington, Mark Levin, National
Football League Players Association with Brief in Support. (Attachments: # 1
Proposed Order) (Miller, Ralph) (Entered: January 9, 2007)
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| January 9, 2007 |
14
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Appendix in Support filed by Richard Berthelsen, Gene Upshaw, Tom DePaso, Trace Armstrong, John Collins, Keith Washington, Mark Levin, National Football League Players Association re
13 MOTION to Compel Arbitration and to Dismiss the Petition
(Attachments: # 1 App.1 - 29# 2 App. 30 - 63# 3 App. 64 - 94# 4 App. 95 - 123# 5 App. 124 - 147# 6 148 - 172) (Miller, Ralph) (Entered: January 9, 2007)
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| January 16, 2007 |
15
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Expedited Agreed MOTION to Extend Deadline to File Plaintiff's Motion to Remand and to File Plaintiffs' Response to Defendants' Motion to Compel Arbitration and to Dismiss Petition by Steve
Weinberg (Attachments: # 1 Text of Proposed Order Agreed Order) (Shaver,
Steven) Modified on 1/18/2007 (jrb). (Entered: January 16, 2007)
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| January 16, 2007 |
16
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Expedited Agreed MOTION to Extend Deadline to File Response to Defendant Roger P Kaplan's Motion to Dismiss for Lack of Personal Jurisdiction by Steve Weinberg (Attachments: # 1 Text of Proposed Order Agreed Order) (Shaver, Steven) Modified on 1/18/2007 (jrb).
(Entered: January 16, 2007)
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| January 18, 2007 |
17
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Application and Order for Admission Pro Hac Vice by David G Feher for Richard Berthelsen and Gene Upshaw (Signed by Judge Jane J Boyle on 1/17/07) (jrb) (Entered: January 18, 2007)
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| January 22, 2007 |
18
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Agreed MOTION to Extend Time by Richard Berthelsen, Gene Upshaw, Tom DePaso, Trace Armstrong, John Collins, Keith Washington, Mark Levin, National Football League Players Association
(Attachments: # 1 Proposed Order) (Miller, Ralph) (Entered: January 22, 2007)
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| January 25, 2007 |
19
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ORDER granting 15 Motion to Extend Time.; granting 16 Motion to Extend Time.; granting 18 Motion to Extend Time. See order for deadlines. (Signed by Judge Jane J Boyle on
1/25/07) (jrb) (Entered: January 25, 2007)
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| January 25, 2007 |
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Set/Reset Deadlines as to 13 Motion to Compel,. Responses due by 1/31/2007
(jrb) (Entered: January 25, 2007)
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| January 25, 2007 |
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Set/Reset Deadlines as to 6 Motion to Dismiss/Lack of Jurisdiction. Responses
due by 2/1/2007 (jrb) (Entered: January 25, 2007)
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| January 25, 2007 |
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Set/Reset Deadlines as to 13 Motion to Compel,. Replies due by 3/1/2007. (jrb)
(Entered: January 25, 2007)
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| January 31, 2007 |
20
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MOTION to Remand to State Court by Steve Weinberg with Brief in Support. (Dunwoody, S) (Entered: January 31, 2007)
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| January 31, 2007 |
21
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RESPONSE in Opposition filed by Steve Weinberg re 13 MOTION to Compel
Arbitration and to Dismiss the Petition (Dunwoody, S) (Entered: January 31, 2007)
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| February 1, 2007 |
22
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RESPONSE in Opposition filed by Steve Weinberg re 6 MOTION to Dismiss for Lack
of Jurisdiction (Dunwoody, S) (Entered: February 1, 2007)
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| February 1, 2007 |
23
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Appendix in Support filed by Steve Weinberg re 22 Response in Opposition
Defendant Kaplan's Motion to Dismiss (Attachments: # 1 Appendix
Response to Motion to Dismiss# 2 Appendix) (Dunwoody, S) (Entered: February 1, 2007)
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| February 6, 2007 |
24
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CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Steve Weinberg. (Dunwoody, S) (Entered: February 6, 2007)
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| February 12, 2007 |
25
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Expedited Agreed MOTION to Extend Time to File Reply to Plaintiff Steve Weinberg's Response to Kaplan's Motion to Dismiss for Lack of Personal Jurisdiction by Roger Kaplan (Butler, Allen)
Modified on 2/13/2007 (jb). (Entered: February 12, 2007)
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| February 20, 2007 |
26
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ORDER granting 25 Motion to Extend Time. It is therefore ORDERED that
Defendant Roger Kaplan must file his reply to Plaintiff's Response to Defendant Kaplan's Motion to Dismiss by March 5, 2007. (Signed by Judge Jane J Boyle on 02/20/07) (psm) (Entered:
02/20/2007)
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| March 1, 2007 |
27
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Brief/Memorandum in Support filed by Richard Berthelsen, Gene Upshaw, Tom DePaso, Trace Armstrong, John Collins, Keith Washington, Mark Levin, National Football League Players Association
re 13 MOTION to Compel Arbitration and to Dismiss the Petition (Miller,
Ralph) (Entered: March 1, 2007)
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| March 1, 2007 |
28
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AFFIDAVIT re 27 Brief/Memorandum in Support of Motion, [ Affidavit of Aaron
D. Ford ] by Richard Berthelsen, Gene Upshaw, Tom DePaso, Trace Armstrong, John Collins, Keith Washington, Mark Levin, National Football League Players Association. (Attachments: #
1 Exs. 1 - 5) (Miller, Ralph) (Entered: March 1, 2007)
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| March 5, 2007 |
29
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REPLY filed by Roger Kaplan re 6 MOTION to Dismiss for Lack of Jurisdiction
and Plaintiff's Response to Kaplan's Motion to Dismiss (Attachments: # 1 Supplement Copy of Double Eagle case cited in Reply# 2 Appendix in Support of Reply of Roger Kaplan) (Butler, Allen) (Entered: March 5, 2007)
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| March 6, 2007 |
30
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RESPONSE filed by Richard Berthelsen, Gene Upshaw, Tom DePaso, Trace Armstrong, John Collins, Keith Washington, Mark Levin, National Football League Players Association re 20 MOTION to Remand to State Court (Miller, Ralph) (Entered: March 6, 2007)
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| March 6, 2007 |
31
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Appendix in Support filed by Richard Berthelsen, Gene Upshaw, Tom DePaso, Trace Armstrong, John Collins, Keith Washington, Mark Levin, National Football League Players Association re
30 Response to Motion (Attachments: # 1 App. 1 - 22# 2 App. 23 - 50# 3 App. 51 - 77# 4 App. 78 - 92) (Miller, Ralph) (Entered: March 6, 2007)
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| March 20, 2007 |
32
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Unopposed MOTION for Extension of Time to File Response/Reply Brief in Support of His Motion to Remand by Steve Weinberg with Brief in Support. (Attachments: # 1 Unopposed Order) (Boisvert, Carter) (Entered: March 20, 2007)
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| March 27, 2007 |
33
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REPLY filed by Steve Weinberg re 20 MOTION to Remand to State Court (Shields,
Robert) (Entered: March 27, 2007)
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| March 27, 2007 |
34
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ORDER granting 32 Motion to Extend Time to File Response/Reply. Replies due by
3/29/2007. (Signed by Judge Jane J Boyle on 3/27/07) (jrb) (Entered: March 28, 2007)
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| April 5, 2007 |
35
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SUPPLEMENTAL RESPONSE TO DEFENDANT ROGER KAPLAN'S 6 MOTION to Dismiss for
Lack of Jurisdiction filed by Steve Weinberg (Attachments: # 1 Exhibit A
to Supplemental Response) (Shields, Robert) Modified on 4/6/2007 (npk). (Entered: April 5, 2007)
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| April 6, 2007 |
36
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MOTION FOR JUDICIAL NOTICE OF ORDER AND OPINION by Steve Weinberg (Attachments: # 1 Exhibit A) (Shields, Robert) (Entered: April 6, 2007)
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| April 9, 2007 |
37
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Unopposed MOTION for Leave to File Supplemental Authority in Support of The NFLPA Defendants' Motion to Compel Arbitration and to Dismiss the Petition by Richard Berthelsen, Gene Upshaw,
Tom DePaso, Trace Armstrong, John Collins, Keith Washington, Mark Levin, National Football League Players Association (Attachments: # 1 Exhibit A# 2 Proposed Order) (Miller, Ralph) (Entered: April 9, 2007)
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| April 13, 2007 |
38
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MOTION / Request for Oral Argument re 13 MOTION to Compel Arbitration and
to Dismiss the Petition, 20 MOTION to Remand to State Court by Richard
Berthelsen, Gene Upshaw, Tom DePaso, Trace Armstrong, John Collins, Keith Washington, Mark Levin, National Football League Players Association (Attachments: # 1 Proposed Order) (Miller, Ralph) (Entered: April 13, 2007)
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| April 18, 2007 |
39
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NOTICE by Steve Weinberg Notice of Withdrawal of Counsel. Party cv2331 added. (Barash, Eugene) (Entered: April 18, 2007)
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| May 7, 2007 |
40
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ORDER TO SHOW CAUSE: The Court hereby puts Plaintiff on notice that Defendants Tony Agnone and Howard Shatsky may be dismissed for failure to file a valid return of service.By June 7, 2007,
Plaintiff must file a valid return of service as to Defendants Tony Agnone and Howard Shatsky, or show good cause in writing why service cannot be made, or Defendants Tony Agnone and Howard
Shatsky may be dismissed without further notice (Signed by Judge Jane J Boyle on 05/07/07) (psm) (Entered: May 7, 2007)
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| May 21, 2007 |
41
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ORDER: A hearing on the Motion to Compel Arbitration and to Dismiss (doc. 13) filed by Defendants National Football League Players Association, Richard Berthelson, Gene Upshaw, Tom DePaso,
Trace Armstrong, John Collins, Keith Washington, and Mark Levin on January 9, 2007, and the Motion to Remand (doc. 20) filed by Plaintiff Steve Weinberg on January 31, 2007, is set for
Thursday, June 14, 2007, at 3:00 p.m. (Signed by Judge Jane J Boyle on 05/21/07) (psm) (Entered: May 21, 2007)
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| June 6, 2007 |
42
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MOTION FOR SUBSTITUTED SERVICE OF HOWARD SHATSKY by Steve Weinberg (Attachments: # 1 Exhibit "A" Affidavit of Due Diligence) (Barash, Eugene) (Entered: June 6, 2007)
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| June 6, 2007 |
43
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MOTION FOR SUBSTITUTED SERVICE OF TONY AGNONE by Steve Weinberg (Attachments: # 1 Exhibit "B" Affidavit of Due Diligence) (Barash, Eugene) (Entered: June 6, 2007)
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| June 13, 2007 |
44
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MOTION for Leave to File Second Amended Petition by Steve Weinberg (Barash, Eugene) (Entered: June 13, 2007)
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| June 13, 2007 |
45
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AMENDED COMPLAINT against all defendants filed by Steve Weinberg. (Barash, Eugene) (Entered: June 13, 2007)
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| June 14, 2007 |
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Minute Entry for proceedings held before Judge Jane J Boyle : Motion Hearing held on 06/14/07 re 13 Motion to Compel, filed by Mark Levin, John Collins, Trace Armstrong, Richard
Berthelsen, National Football League Players Association, Tom DePaso, Keith Washington, Gene Upshaw, 20 Motion to Remand to State Court filed by Steve Weinberg. Attorney Appearances:
Plaintiff - Lawrence Friedman; Defense - Jeffrey L. Kessler. (Court Reporter Shawnie Archuleta.) Time in Court: 1 hour 50 minutes. (psm) (Entered: June 14, 2007)
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| June 18, 2007 |
46
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ORDER denying 20 Motion to Remand to State Court. (Signed by Judge Jane J
Boyle on 06/18/07) (Boyle, Jane) (Entered: June 18, 2007)
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| June 19, 2007 |
47
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ORDER granting 13 Motion to Compel Arbitration and Dismiss. (Signed by Judge
Jane J Boyle on 06/19/07) (Boyle, Jane) (Entered: June 19, 2007)
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| June 19, 2007 |
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***Civil Case Terminated. (per chambers) (jrb) (Entered: June 29, 2007)
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| July 13, 2007 |
48
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NOTICE OF APPEAL as to 46 Order on Motion to Remand to State Court, 47 Order on Motion to Compel by Steve Weinberg. (Shields, Robert) (Entered:
07/13/2007)
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| July 13, 2007 |
49
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Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 48
Notice of Appeal. (jmr) (Entered: July 13, 2007)
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| July 17, 2007 |
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Receipt of payment for USCA Appeal Fee. Authorized by 49 Transmission of
Notice of Appeal and Docket Sheet to USCA. $455.00; Receipt # DS013235. (ddb) (Entered: July 17, 2007)
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| July 30, 2007 |
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USCA Case Number 07-10765 in USCA for 48 Notice of Appeal filed by Steve
Weinberg. (jmr) (Entered: July 30, 2007)
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| August 6, 2007 |
50
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TRANSCRIPT of Hearing on Plaintiff's Motion to Remand and a Motion to Compel Arbitration filed for dates of 06/14/2007 before Judge Jane J Boyle re 48 Notice of Appeal. Court Reporter Name/Phone Number: Shawnie Archuleta at
214/753-2747. District Clerk Phone Number: 214/753-2200. ***The Official Record of the transcript is on file with the clerk's office. Contact either the clerk's office or the court reporter
at phone numbers listed above to obtain a copy of the Official Record.*** (axm) (Entered: August 7, 2007)
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| August 15, 2007 |
51
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Transcript Order Form by attorney for Plaintiff: transcript not requested re 48 Notice of Appeal. Transcript is already on file in Clerk's office. (jmr) (Entered:
08/15/2007)
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| August 27, 2007 |
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Record on Appeal Certified to US Court of Appeals, 5th Circuit re 48 Notice of
Appeal - USCA5 Number: 07-10765. 4 vol. electronic record, 1 transcript. (jmr) (Entered: August 27, 2007)
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