Eastern District of Texas Notice!!! | 9:22-CV-00129 | 09/06/2022, (#9) ANSWER TO #1 COMPLAINT, BY DAVID ALDERS, BOARD OF REGENTS OF STEPHEN F. AUSTIN STATE UNIVERSITY, ROBERT A. FLORES, KAREN GANTT, BRIGETTE CARNES HENDERSON, M. THOMAS MASON, JUDY LARSON OLSON, LAUREN RECTENWALD, STEPHEN F. AUSTIN STATE UNIVERSITY, STEVE WESTBROOK, NANCY WINDHAM, JENNIFER WADE WINSTON. (SPANGLER, ANDREW) (ENTERED: 02/26/2016), U.S. District Courts | Texas Eastern District Court | Schools from 35 of the 50 states and the District of Columbia are represented. (NKL, ) (ENTERED: 08/21/2015), U.S. District Courts | Texas Eastern District Court | Intellectual Property Beyond federal court records across the State of Texas, UniCourt further provides you with access to Texas state court records for many of the counties in Texas, including Dallas County, Denton County, El Paso County, Fort Bend County, and Harris County. Everyday, UniCourt gathers court data for all of the new federal civil cases in the Eastern District of Texas and we give you the ability to search through all of those new case filings in our CrowdSourced Library free of charge. On behalf of the Judges and staff, welcome to the official website for the United States Bankruptcy Court, Eastern District of Texas.This website is dedicated to serving the public and the legal community with easy access to rules, forms, and other helpful information to assist in the efficient administration of the bankruptcy process. AO078 Federal Judicial Branch Application for Employment. 15 DAYS GRANTED FOR DEADLINE EXTENSION. Federal Records Center 1400 John Burgess Dr Ft Worth, Texas 76140 Phone Number: 817-551-2000 Fax Number: 817-551-2021 http://www.archives.gov/frc/ Judge Mazzant . SIGNED BY MAGISTRATE JUDGE ROY S. PAYNE ON 10/3/2017. How do I get a transcript? CM/ECF Help Desk: (214) 872-4800, Mailing Address: Currently, there are 363 institutions classified as Division I, including those in the process of transitioning from other divisions. | 2:16-CV-00709 | 07/05/2016, (#88) NOTICE OF FILING OF PATENT/TRADEMARK FORM (AO 120) AT TERMINATION OF CASE. You can get access to the court dockets, court documents, transcripts, and legal data you need on the parties, attorneys, law firms, and judges involved in court cases in the Texas Eastern District. (NKL, ) (ENTERED: 03/06/2017), U.S. District Courts | Texas Eastern District Court | Tex. Texarkana Division. ATTORNEY JACK WESLEY HILL; THOMAS JOHN WARD, JR; ANDREA LEIGH FAIR AND CLAIRE ABERNATHY HENRY TERMINATED. Please choose the location: Paul Brown United States Courthouse (Courthouse and Clerk's Office) - Sherman, Texas Intellectual Property Courthouse at 300 Willow Street, Beaumont, TX 77701, and can be reached by calling (409) 654-7000. EACH PARTY SHALL BEAR ITS OWN COSTS AND FEES. AO 120 MAILED TO THE DIRECTOR OF THE U.S. PATENT AND TRADEMARK OFFICE. Civil Action No. Intellectual Property The Clerk of Court is David A. O'Toole. 30 DAYS GRANTED FOR DEADLINE EXTENSION. Contact Divisional offices at the numbers listed below. or https:// means youve safely connected to the .gov website. Intellectual Property Courthouse, 100 East Houston Street, Marshall, TX 75670, and can be reached by calling (903) 935-2912. U.S. Magistrate Judge Vacancy - Eastern District of Texas, Sherman Division Please refer to this link for vacancy details. Federal Records Center Courthouse, 7940 Preston Road, Plano, TX 75024; and the U.S. | 2:22-CV-00305 | 08/08/2022, (#15) NOTICE OF ATTORNEY APPEARANCE BY JONATHAN RANDY YIM ON BEHALF OF LIONRA TECHNOLOGIES LIMITED (YIM, JONATHAN) (ENTERED: 10/06/2022), (#14) NOTICE OF ATTORNEY APPEARANCE BY DREW BENNETT HOLLANDER ON BEHALF OF LIONRA TECHNOLOGIES LIMITED (HOLLANDER, DREW) (ENTERED: 10/04/2022), U.S. District Courts | Texas Eastern District Court | Intellectual Property (MLL, ) (ENTERED: 06/05/2018), U.S. District Courts | Texas Eastern District Court | | 4:23-CV-00087 | 02/02/2023, U.S. District Courts | Texas Eastern District Court | and find case information on federal litigation happening across the 254 counties in Texas. Contract Handicap parking is available in the main public parking lot. Intellectual Property 7940 Preston Road Room 101 Ft Worth, Texas 76140 EASTERN DISTRICT OF TEXAS SHERMAN DIVISION THE STATE OF TEXAS By Attorney General Ken Paxton . The E.D. The Clerk has numerous offices across the Eastern District. In contrast, if UniCourt has a document you need from E.D. What case records are available in your office? Click here for more details. | 1:17-CV-00134 | 04/05/2017, APPEAL REMARK RE: COUNSEL CAN ACCESS THE RECORD ON APPEAL BY FOLLOWING THE INSTRUCTIONS IN THE LINK. Intellectual Property Eastern District of Texas. Virtual Gaming Technologies, LLC v. DraftKings, Inc. Magnacross LLC v. Actiontec Electronics, Inc. Allergan, Inc. v. Teva Pharmaceuticals USA, Inc. et al, Preservation Wellness Technologies LLC v. Allscripts Healthcare Solutions Inc, Thurman v. Safeco Insurance Company of Indiana et al, Coon v. OBE Specialty Insurance Company et al. Currently, we are seeking an innovative and experienced individual to serve as an Operations Analyst. ], ***Clerk's Notice of delivery: (see NEF for details) Docket No:1, 2. | 6:23-CV-00066 | 02/02/2023, Eastern District of Texas consists of 6 divisional offices., USA. You can reach the Chief Judges Chambers by calling (903) 935-3868 or faxing (903) 935-2295. (409) 839-2617. Click here for more details MEHDI FARHADI IMPORTANT: Anyone who intends to publish these rules should use the printer friendly versions provided in the right navigation window on this page. REDACTED TRANSCRIPT DEADLINE SET FOR 9/28/2015. If the fingerprints are related to an arrest, the Identification Record includes the name of the agency that submitted the information, the date of arrest charge, and the disposition of the arrest, if known to the FBI. SHERMAN DIVISION. Plano, Texas 75024. District Judge:Sean D. Jordan has numerous courthouse locations. This case is being prosecuted by Assistant U.S. If the information is not listed, contact the division where the case was filed for archive information. THE CASE IS NOW TRANSFERRED TO THE CENTRAL DISTRICT OF CALIFORNIA, CASE NUMBER 2:18-CV-00983. The Courthouse is wheelchair accessible and consists of all courtrooms, restrooms, and chambers on the ground level. Suite 300B Intellectual Property The duty station for this position includes any Eastern District of Texas Clerk's Office . UniCourt also provides you with bulk access to all federal court records within Texas, such as cases, U.S. Court of Appeals for the Fifth Circuit, John Minor Wisdom U.S. Court of Appeals Building and the, U.S. Bankruptcy Court for the Eastern District of, . Intellectual Property 32] PURSUANT TO 12(B)(1) AND 12(B)(6) FILED BY BEAUMONT BRANCH OF THE NAACP, JESSICA DAYE. (NKL, ) (ENTERED: 05/01/2019), (#136) JOINT MOTION TO DISMISS INTERVENOR NOVEMBAL USA, INC. PURSUANT TO RULE 41(A)(2) BY VERASEAL LLC. Access this case on the Texas Eastern District Court's Electronic Court Filings (ECF) System. PACER also forces users to pay additional fees if they want to download the same document multiple times. Contact a divisional office for archive information. Attorneys Ernest Gonzalez, Colleen Bloss and Robert Wells. Law Clerk Positions (OSCAR) UniCourts industry-leading Legal Data APIs provide Enterprise users with on-demand, bulk access to structured data from Texas state and federal courts. The basis of the motion was that Defendants had a non-discriminatory, non-pretextual justification for the plaintiff's termination. 2:19-CV-00152-JRG ORDER, Opening a Civil Case / Filing a Complaint / Summons. 2:22-CV-00307. Before contacting the records center for retrieval of these records, you must have the accession, location and box number assigned to the case file. | 6:16-CV-01361 | 12/07/2016, (#113) ORDER GRANTING #112 MOTION TO DISMISS. PACER charges for every search you make on their platform, even if the search terms you used do not produce any results. 8,648,048, # 5 EXHIBIT 5 - U.S. PATENT NO. Filing a Proof of Claim Online Through ePOC Now Available! This website is dedicated to serving the public and the legal community with easy access to rules, forms, and other helpful information to assist in the efficient administration of the bankruptcy process. (NKL, ) (ENTERED: 03/07/2017), INTERDISTRICT TRANSFER TO THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION. SIGNED BY DISTRICT JUDGE AMOS L. MAZZANT, III ON 11/29/2022. Retrieving Case Files From the Records Center. (DERIEUX, ELIZABETH) (ENTERED: 02/29/2016), U.S. District Courts | Texas Eastern District Court | (daj, ), ***Clerk's Notice of delivery: (see NEF for details) Docket No:8. A locked padlock (CHRIS BICKHAM, ) (ENTERED: 08/25/2015), < TRANSCRIPT MAY BE VIEWED AT THE COURT PUBLIC TERMINAL OR PURCHASED THROUGH THE COURT REPORTER BEFORE THE DEADLINE FOR RELEASE OF TRANSCRIPT RESTRICTION. Intellectual Property If we have done an extraordinary job, or you feel an area needs improvement, please click on the feedback link to share your comments. Lionra Technologies Limited v. CISCO SYSTEMS, INC., Beaumont Branch of the NAACP et al v. Jefferson County, Texas et al, Wheeler v. Board of Regents of Stephen F. Austin State University et al, Duke University et al v. Sandoz Inc. et al, Veraseal LLC v. Wal-Mart Stores, Inc. et al, AGIS Software Development LLC v. HTC Corporation, Fundamental Innovation Systems International LLC v. LG Electronics, Inc. et al, Blue Spike, LLC v. Caterpillar, Inc. et al. Why use UniCourt to search for cases in the Eastern District of Texas? The Clerk's office is open daily from 8am to 4:00pm. A more recent docket listing The District was established on February 21, 1857, with the division of the state into an Eastern and Western District. (NKL, ) (ENTERED: 08/08/2017), INTERDISTRICT TRANSFER TO THE NORTHERN DISTRICT OF CALIFORNIA. No Cell Phones, Cameras, Laptops, or Gaming Devices allowed. PACER - Case Search Only; Attorney Filers for CM/ECF; Non-attorney Filers for CM/ECF; . SIGNED BY DISTRICT JUDGE RODNEY GILSTRAP ON 10/21/2022. The purpose of this site is to provide information about locating and filing cases in the federal courts. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. RELEASE OF TRANSCRIPT RESTRICTION SET FOR 11/26/2015. (CH, ) (ENTERED: 07/19/2017), (#87) ORDER GRANTING #86 MOTION TO DISMISS WITHOUT PREJUDICE. The archive information is available on the docket sheet in most cases. The clerk's office is open for business Monday - Friday from 8am to 4pm to accommodate filings. The Clerks offices can be found in the Beaumont, Lufkin, Marshall, Plano, Sherman, Texarkana, and Tyler courthouses. SIGNED BY MAGISTRATE JUDGE ROY S. PAYNE ON 5/11/2017. (MLL, ) (ENTERED: 06/05/2018), (#115) ORDER DISMISSING CASE. Courthouse and Post Office, 500 North State Line Avenue, Texarkana, TX 75501, and can be reached by calling (903) 794-8561. eSRnow available! May I retrieve a copy of a sealed document? The Eastern District is divided into the following six divisions: the, , which covers Hardin, Jasper, Jefferson, Liberty, Newton, and Orange counties; the, , which covers Angelina, Houston, Nacogdoches, Polk, Sabine, San Augustine, Shelby, Trinity, and Tyler counties; the, , which covers Camp, Cass, Harrison, Marion, Morris, and Upshur counties; the, , which covers Collin, Cooke, Delta, Denton, Fannin, Grayson, Hopkins, and Lamar counties; the, , which covers Bowie, Franklin, Red River, and Titus; and the. Courthouse at 104 North Third Street, Lufkin, TX 75901, and can be reached by calling (936) 632-2739. Your Rights and How to Report Wrongful Conduct, Case Administrator - Sherman Division - Plano, Term Law Clerk - Sherman Division - Plano, Your Rights and How to Report Wrongful Conduct, 1:10-cv-00051 1:10-cv-00051-MAC-KFG In The Matter of The Complaint of AET Inc. Limited, SOLAS OLED LTD. v. SAMSUNG et al. (CHRIS BICKHAM, ) (ENTERED: 08/25/2015), (#521) ORDER TO PAY TECHNICAL ADVISOR. Intellectual Property Employment Information Klausner Technologies, Inc. v. Alcatel-Lucent USA, Inc. et al. (RLF) (ENTERED: 11/15/2017), (#112) JOINT MOTION TO DISMISS WITH PREJUDICE BY NOOK DIGITAL, LLC. Creditors can easily create, file, amend or withdraw a Proof of Claim (Official Form 410) online using the Courts Electronic Proof of Claim (ePOC) system. There are seven offices within the Eastern District of Texas: Beaumont, Lufkin, Marshall, Plano, Sherman, Texarkana, and Tyler. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, You can reach the U.S. Attorneys Main Office in Beaumont by calling (409) 839-2538. Suite 300B, 660 North Central Expressway, Plano, Texas 75074. (MLL, ) (ENTERED: 06/11/2013), (#377) JOINT MOTION TO DISMISS WITHOUT PREJUDICE BY IPVX PATENT HOLDINGS, INC., KLAUSNER TECHNOLOGIES, INC., PAETEC COMMUNICATIONS, INC., PAETEC CORP., PAETEC HOLDING CORP.. (ATTACHMENTS: #1 TEXT OF PROPOSED ORDER)(DERIEUX, ELIZABETH) (ENTERED: 06/10/2013), U.S. District Courts | Texas Eastern District Court | (CH, ) (ENTERED: 05/11/2017), (#94) ORDER GRANTING #93 JOINT MOTION TO DISMISS WITH PREJUDICE RGB SYSTEMS, INC. D/B/A EXTRON ELECTRONICS (CONSOLIDATED FROM 2:16-CV-1271 ). US District Court for the Eastern District of Texas Cases by Type of Lawsuit Contract Real Property Torts - Injury Torts - Property Civil Rights Prisoner Petitions Forfeiture / Penalty Labor Bankruptcy Intellectual Property Social Security Federal Tax Suits Other Statutes Immigration Cases filed Cases 1 - 10 of 65,081 RSS Feed | View as table A .gov website belongs to an official government organization in the United States. After reviewing these materials, if you still have questions, please. Official websites use .gov Intellectual Property MOBILE SYNERGY SOLUTIONS, LLC v. T-Mobile US, Inc. et al, Traffic Information LLC v. AT&T Mobility LLC et al. Eastern District of Texas Beaumont Office: 550 Fannin, Suite 1250 Beaumont, Texas 77701. Please Review our Records Section for which case files are available. Court's Name. Courthouse, 101 East Pecan Street, Sherman, TX 75090; the U.S. Description: This motion was filed in an employment discrimination case pending in federal court in Texas. SIGNED BY JUDGE LEONARD DAVIS ON 06/11/13. The Tyler Division is located in the William M. Steger Federal Building and U.S. It has been retyped for the convenience of our users. An attorney who filed a sealed document must present a picture identification and state bar card to the Clerk's Office before the document will be made accessible to him/her. Intellectual Property Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. A lock ( (ATTACHMENTS: #1 TEXT OF PROPOSED ORDER)(BENNETT, DAVID) (ENTERED: 04/26/2019), U.S. District Courts | Texas Eastern District Court | (#522) NOTICE OF FILING OF OFFICIAL TRANSCRIPT OF CLAIM CONSTRUCTION HEARING HELD ON JUNE 4, 2015 BEFORE JUDGE ROY S. PAYNE. If you do not agree with these terms, then do not use our website and/or services. SIGNED BY DISTRICT JUDGE MICHAEL J. TRUNCALE ON 10/21/2022. May I retrieve a copy of a sealed document? Access to documents are denied except to attorneys of record. Handicap parking spaces are available. This website is dedicated to serving the public and the legal community with easy access to rules, forms, and other helpful information to assist in the efficient administration of the bankruptcy process.Jason K. McDonald,Clerk of Court, US Bankruptcy Court These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. Telephone Number:(214) 872-4800 Use the links below to access additional information about this case on the US Court's PACER system. Although the substance of the rules is the same in both the html and printer-friendly versions, some typographical errors may exist in the html version. Tuesday, February 21, 2023 For Immediate Release U.S. Attorney's Office, Eastern District of Texas SHERMAN, Texas - A former youth pastor has been sentenced to federal prison for child pornography violations in the Eastern District of Texas, announced U.S. Attorney Brit Featherston today. Home |Contact Us | Employment | Glossary of Legal Terms | FAQs| Login. Contract et al v. AAA Life Insurance Company. (CH, ) (ENTERED: 10/03/2017), (#87) REPLY TO RESPONSE TO MOTION RE #84 MOTION FOR RECONSIDERATION RE #81 PROTECTIVE ORDER FILED BY FUTUREWEI TECHNOLOGIES, INC., HUAWEI DEVICE USA, INC., HUAWEI INVESTMENT & HOLDING CO., LTD, HUAWEI TECHNOLOGIES CO., LTD, LG ELECTRONICS ALABAMA, INC., LG ELECTRONICS MOBILE RESEARCH U.S.A. LLC, LG ELECTRONICS MOBILECOMM U.S.A. INC., LG ELECTRONICS U.S.A., INC., LG ELECTRONICS, INC.. (ATTACHMENTS: #1 AFFIDAVIT WALDROP, #2 EXHIBIT 1, #3 EXHIBIT 2, #4 EXHIBIT 3, #5 EXHIBIT 4)(GARDNER, ALLEN) (ENTERED: 09/29/2017), U.S. District Courts | Texas Eastern District Court | Courthouse, 211 West Ferguson Street, Tyler, TX 75702. Your feedback is important to us, it helps to ensure we are providing excellent service. NOS. Rodolfo Vela, Sr, Rodolfo Vela, Jr and Anna Vela, Mike Compton, Tom Stephens, S. Norie, Judd Jones, Mark Tackett, Joni L McClain, John Roane, Janelle Haverkamp, Joseph R Shires, Aaron Carney, John Warren, Sheriff Ray Sappington, Terry Gilbert and Jeffrey J Barnard, US District Court for the Eastern District of Texas, In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. | 6:11-CV-00231 | 05/10/2011, (#378) ORDER GRANTING #377 MOTION TO DISMISS. 2022 Eastern District of Texas US Federal District Court Case Law Gonzalez Garcia v. Ramsis Date: December 30, 2022 Docket Number: 4:2021cv00650 Customedia Technologies, L.L.C. Civil Division. | 2:16-CV-01257 | 11/10/2016, (#95) NOTICE OF FILING OF PATENT/TRADEMARK FORM (AO 120) AT TERMINATION OF CASE. Intellectual Property Fri Feb 10 11:38:28 CST 2023 (crt) [Transferred from Texas Northern on 2/27/2023. Tyler, Texas 75702. Not only does PACER charge to download the same document multiple times, but PACER also charges document fees. Magistrate Judge: Kimberly Priest Johnson. (ATTACHMENTS: #1 TEXT OF PROPOSED ORDER)(FAIR, ANDREA) (ENTERED: 04/09/2018), U.S. District Courts | Texas Eastern District Court | COURT REPORTER: CHRISTINA BICKHAM,TELEPHONE NUMBER: CHRIS.BICKHAM@YAHOO.COM, 409-654-2891. Contact a divisional office for more information regarding retrieval of the case file or document, Supersedeas Bond, Surety Bond or a Power of Attorney, You may access the docket sheet and most documents during this time period using your. Tex.) Feb 22, 2023 Financial and Procurement Technician - Tyler Division Feb 15, 2023 Term Law Clerk - Sherman Division Feb 8, 2023 Term Law Clerk - Sherman Division Feb 7, 2023 Case Administrator - Sherman Division - Plano Jan 26, 2023 Term Law Clerk - Sherman Division - Plano Jun 6, 2022 Human Resources Career Opportunities Law Clerk Positions (OSCAR) Tuesday, February 14, 2023 For Immediate Release U.S. Attorney's Office, Eastern District of Texas PLANO, Texas - Two Dallas brothers have been found guilty of federal violations related to a fraud scheme in the Eastern District of Texas, announced U.S. Attorney Brit Featherston today. However, unlike UniCourt, PACER charges for every search you make on their platform, even if the search terms you used do not produce any results. Eastern District of Texas consists of 6 divisional offices. Property ALL CLAIMS ASSERTED IN THIS SUIT BETWEEN PLAINTIFF MOBILE SYNERGY SOLUTIONS, LLC AND DEFENDANTS TCT MOBILE LIMITED AND TCT MOBILE (US), INC. ARE HEREBY DISMISSED WITH PREJUDICE SUBJECT TO THE TERMS, OF THE SETTLEMENT AGREEMENT. | 4:23-CV-00088 | 02/02/2023, U.S. District Courts | Texas Eastern District Court | AO 120 MAILED TO THE DIRECTOR OF THE U.S. PATENT AND TRADEMARK OFFICE. Failure to State a Claim 1. Senior Judge: Richard Schell Beaumont Division Beaumont Division Counties: Hardin; Jasper; Jefferson; Liberty; Newton; and Orange. 110 North College Ave RULE 16 CASE MANAGEMENT/SCHEDULING CONFERENCE SET FOR 12/2/2022 10:30 AM IN ROOM 221 (BEAUMONT) BEFORE DISTRICT JUDGE MICHAEL J. TRUNCALE. The Marshall Division is housed at the Sam B. 1 2 3 4 5 6 Pause File a Claim Court Locations (409) 654-7060 Plano (972) 509-1240 Tyler Tyler, Texas 75702 (903) 590-3200 SIGNED BY MAGISTRATE JUDGE ROY S. PAYNE ON 08/21/2015. The Eastern District is divided into the following six divisions: the Beaumont Division, which covers Hardin, Jasper, Jefferson, Liberty, Newton, and Orange counties; the Lufkin Division, which covers Angelina, Houston, Nacogdoches, Polk, Sabine, San Augustine, Shelby, Trinity, and Tyler counties; the Marshall Division, which covers Camp, Cass, Harrison, Marion, Morris, and Upshur counties; the Sherman Division, which covers Collin, Cooke, Delta, Denton, Fannin, Grayson, Hopkins, and Lamar counties; the Texarkana Division, which covers Bowie, Franklin, Red River, and Titus; and the Tyler Division, which covers Anderson, Cherokee, Gregg, Henderson, Panola, Rains, Rusk, Smith, Van Zandt, and Wood counties. REDACTED TRANSCRIPT DEADLINE SET FOR 9/28/2015. Email USAO-EDTX. Parking is available next to the courthouse on the south side of the building. Beaumont Division Judges: Senior Judge: Thad Heartfield Senior Judge: Ron Clark District Judge: Marcia A. Crone 9,248,191)(HILL, JACK) (ENTERED: 02/18/2016), (#95) UNOPPOSED MOTION FOR LEAVE TO FILE AMENDED COMPLAINT BY ALLERGAN, INC.. (ATTACHMENTS: # 1 TEXT OF PROPOSED ORDER)(HILL, JACK) (ENTERED: 02/18/2016), U.S. District Courts | Texas Eastern District Court | Due to precautions our office is taking as a result of the Coronavirus, we are asking that you do not report to the office if you or anyone in your household is ill or quarantined, and please call your officer immediately if you or someone in your household does become ill. A subscription to PACER is required. Plano, McKinney, and Frisco, located in the Eastern District, are amongst the most populous cities in the state. Established in 1857, the U.S. District Court for the Eastern District of Texas has jurisdiction over 43 counties in the eastern portion of Texas. | 1:22-CV-00488 | 11/07/2022, (#43) RESPONSE IN OPPOSITION RE #40 MOTION TO DISMISS PLAINTIFFS' FIRST AMENDED COMPLAINT [DOC. V. 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