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 58 |
Filed: 6/16/2015, Entered: None |
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Judge William G. Young: ORDER entered. JUDGMENT (Paine, Matthew) (Entered: 06/16/2015)
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| 57 |
Filed: 6/12/2015, Entered: None |
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Judge William G. Young: ORDER entered. FINDINGS OF FACT AND RULINGS OF LAW"For the foregoing reasons, the Court rules in favor of Hess and denies Diviacchis request for an injunction barring Hess from requiring her to enter her zip code when paying for gas with her credit card.SO ORDERED."(Sonnenberg, Elizabeth) (Entered: 06/12/2015)
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| 56 |
Filed: 4/7/2015, Entered: None |
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Exhibit and Witness List. (Gaudet, Jennifer) (Entered: 04/10/2015)
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| 55 |
Filed: 4/9/2015, Entered: None |
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Proposed Findings of Fact by Speedway LLC. (Baltay, Matthew) (Entered: 04/09/2015)
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| 54 |
Filed: 4/7/2015, Entered: None |
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ELECTRONIC Clerk's Notes for proceedings held before Judge William G. Young: Bench Trial Day Two held on 4/7/2015. Plaintiff confirms the dismissal of defendant Hess Corporation and that the only remaining defendant is Speedway LLC d/b/a Hess Retail LLC. The Court hears closing arguments and takes the matter under advisement. The Court welcomes further briefing but does not set a deadline. (Court Reporter: Richard Romanow at bulldog@richromanow.com.)(Attorneys present: Diviacchi, Baltay, McFadden, Miller)) (Gaudet, Jennifer) (Entered: 04/09/2015)
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| 51 |
Filed: 4/8/2015, Entered: None |
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TRIAL BRIEF REQUEST FOR RULINGS OF LAW by Carolyn Diviacchi. (Diviacchi, Valeriano) (Entered: 04/08/2015)
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Request |
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| 50 |
Filed: 4/8/2015, Entered: None |
Unknown Document Type |
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Proposed Findings of Fact by Carolyn Diviacchi. (Diviacchi, Valeriano) (Entered: 04/08/2015)
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Request |
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| 49 |
Filed: 4/7/2015, Entered: None |
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NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) (Entered: 04/07/2015)
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| 48 |
Filed: 4/7/2015, Entered: None |
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Transcript of Bench Trial held on April 7, 2015, before Judge William G. Young. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Richard Romanow at bulldog@richromanow.com Redaction Request due 4/28/2015. Redacted Transcript Deadline set for 5/8/2015. Release of Transcript Restriction set for 7/6/2015. (Scalfani, Deborah) (Entered: 04/07/2015)
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| 46 |
Filed: 4/7/2015, Entered: None |
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NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) (Entered: 04/07/2015)
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| 45 |
Filed: 4/7/2015, Entered: None |
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Transcript of Bench Trial held on April 6, 2015, before Judge William G. Young. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Richard Romanow at bulldog@richromanow.com Redaction Request due 4/28/2015. Redacted Transcript Deadline set for 5/8/2015. Release of Transcript Restriction set for 7/6/2015. (Scalfani, Deborah) (Entered: 04/07/2015)
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| 44 |
Filed: 4/6/2015, Entered: None |
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ELECTRONIC Clerk's Notes for proceedings held before Judge William G. Young: Bench Trial Day 1 held on 4/6/2015. Plaintiff calls Carolyn Diviacchi - direct, cross, re-direct, re-cross. Evidence entered. (Court Reporter: Richard Romanow at bulldog@richromanow.com.)(Attorneys present: Diviacchi, Baltay, McFadden, Miller) (Folan, Karen) (Entered: 04/07/2015)
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| 43 |
Filed: 4/6/2015, Entered: None |
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STIPULATION by Speedway LLC. (Attachments: # 1 Johnson Affidavit, # 2 Smith Affidavit, # 3 Brown Affidavit, # 4 Mayer Affidavit)(Baltay, Matthew) (Entered: 04/06/2015)
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| 42 |
Filed: 4/6/2015, Entered: None |
Unknown Document Type |
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STIPULATION of Dismissal of Count II Only as to Hess Corporation Only by Hess Corporation, Speedway LLC. (Baltay, Matthew) (Entered: 04/06/2015)
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| 41 |
Filed: 4/6/2015, Entered: None |
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ELECTRONIC NOTICE Canceling Hearing. Jury Trial deadlines terminated. Reset as a bench trial. (Gaudet, Jennifer) (Entered: 04/06/2015)
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| 40 |
Filed: 4/6/2015, Entered: None |
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ELECTRONIC NOTICE of Hearing. Bench Trial Day 2 set for 4/7/2015 09:00 AM in Courtroom 18 before Judge William G. Young. (Gaudet, Jennifer) (Entered: 04/06/2015)
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| 39 |
Filed: 4/6/2015, Entered: None |
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NOTICE of Appearance by Matthew E. Miller on behalf of Hess Corporation, Speedway LLC (Miller, Matthew) (Entered: 04/06/2015)
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| 38 |
Filed: 4/5/2015, Entered: None |
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Opposition re 35 MOTION in Limine AS TO WITNESSES ON AVS EXCUSE, 36 MOTION in Limine EXCLUDING EVIDENCE ON MONETARY/MARKETING DAMAGES, 34 MOTION in Limine AS TO MARITAL COMMUNICATIONS filed by Hess Corporation, Speedway LLC. (Baltay, Matthew) (Entered: 04/05/2015)
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| 37 |
Filed: 4/5/2015, Entered: None |
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MOTION for Judgment on Partial Findings Immediately Upon Commencement of Trial by Hess Corporation, Speedway LLC. (Attachments: # 1 Proposed Finding)(Baltay, Matthew) (Entered: 04/05/2015)
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| 36 |
Filed: 4/5/2015, Entered: None |
Unknown Document Type |
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MOTION in Limine EXCLUDING EVIDENCE ON MONETARY/MARKETING DAMAGES by Carolyn Diviacchi.(Diviacchi, Valeriano) (Entered: 04/05/2015)
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| 35 |
Filed: 4/5/2015, Entered: None |
Unknown Document Type |
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MOTION in Limine AS TO WITNESSES ON AVS EXCUSE by Carolyn Diviacchi.(Diviacchi, Valeriano) (Entered: 04/05/2015)
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Request |
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| 34 |
Filed: 4/5/2015, Entered: None |
Unknown Document Type |
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MOTION in Limine AS TO MARITAL COMMUNICATIONS by Carolyn Diviacchi.(Diviacchi, Valeriano) (Entered: 04/05/2015)
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Request |
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| 33 |
Filed: 4/5/2015, Entered: None |
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NOTICE of Appearance by Daniel J. Procaccini on behalf of Hess Corporation, Speedway LLC (Procaccini, Daniel) (Entered: 04/05/2015)
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Request |
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| 32 |
Filed: 4/3/2015, Entered: None |
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Opposition re 30 Emergency MOTION to Compel Plaintiff's Compliance with Subpoena filed by Carolyn Diviacchi. (Attachments: # 1 Exhibit Email)(Diviacchi, Valeriano) (Entered: 04/03/2015)
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| 31 |
Filed: 4/3/2015, Entered: None |
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NOTICE by Carolyn Diviacchi of DISMISSAL AS TO COUNT I ONLY (Diviacchi, Valeriano) (Entered: 04/03/2015)
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Request |
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| 30 |
Filed: 4/3/2015, Entered: None |
Unknown Document Type |
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Emergency MOTION to Compel Plaintiff's Compliance with Subpoena by Hess Corporation, Speedway LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Baltay, Matthew) (Entered: 04/03/2015)
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| 29 |
Filed: 4/3/2015, Entered: None |
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Judge William G. Young: ELECTRONIC ORDER entered denying 28 Defendants' Emergency Motion to Continue Trial. The deposition of First Data can be taken during the course of the trial if needed. (Gaudet, Jennifer) (Entered: 04/03/2015)
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| 28 |
Filed: 4/2/2015, Entered: None |
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Emergency MOTION to Continue Trial to April 13, 2015 by Hess Corporation, Speedway LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Baltay, Matthew) (Entered: 04/02/2015)
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| 27 |
Filed: 4/2/2015, Entered: None |
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ELECTRONIC Clerk's Notes for proceedings held before Judge William G. Young: Motion Hearing held on 4/2/2015 re 5 MOTION for Preliminary Injunction filed by Carolyn Diviacchi. The Court collapses motion with trial on the merits according to Rule 65(b). The Court addresses the ripe pending motion to dismiss 14 Motion to Dismiss. After hearing from counsel, the Court enters an Order denying 14 Motion to Dismiss and sets the matter for jury trial on Monday, April 6, 2015 at 9:00 AM. This will be an exemplar case as to plaintiff Carolyn Diviacchi only (not the class). The Court reviews empanelment and notifies counsel that if the parties were to settle the matter, they should notify the clerk. If the parties agree to proceed jury waived, counsel shall notify the clerk. (Oral order entered terminating 5 Motion for Preliminary Injunction; motion collapsed with trial on the merits.) (Jury Trial Day 1 set for 4/6/2015 09:00 AM in Courtroom 18 before Judge William G. Young., Jury Trial Day 2 set for 4/7/2015 09:00 AM in Courtroom 18 before Judge William G. Young., Jury Trial Day 3 set for 4/8/2015 09:00 AM in Courtroom 18 before Judge William G. Young., Jury Trial Day 4 set for 4/9/2015 09:00 AM in Courtroom 18 before Judge William G. Young., Jury Trial Day 5 set for 4/10/2015 09:00 AM in Courtroom 18 before Judge William G. Young.) (Court Reporter: Richard Romanow at bulldog@richromanow.com.)(Attorneys present: Diviacchi for the plaintiff, Baltay, McFadden for the defendants) (Gaudet, Jennifer) (Entered: 04/02/2015)
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| 26 |
Filed: 4/2/2015, Entered: None |
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NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) (Entered: 04/02/2015)
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| 25 |
Filed: 4/2/2015, Entered: None |
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Transcript of Motion to Dismiss and TRO held on April 2, 2015, before Judge William G. Young. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Richard Romanow at bulldog@richromanow.com Redaction Request due 4/23/2015. Redacted Transcript Deadline set for 5/4/2015. Release of Transcript Restriction set for 7/1/2015. (Scalfani, Deborah) (Entered: 04/02/2015)
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| 24 |
Filed: 4/1/2015, Entered: None |
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REPLY to Response to 5 MOTION for Preliminary Injunction filed by Carolyn Diviacchi. (Attachments: # 1 Supplement VISA AVS GUIDE, # 2 Supplement FIRST DATA PRIVACY STATEMENT)(Diviacchi, Valeriano) (Entered: 04/01/2015)
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| 23 |
Filed: 4/1/2015, Entered: None |
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Judge William G. Young: ELECTRONIC ORDER entered granting 22 Emergency MOTION for Leave to File Reply ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Paine, Matthew) (Entered: 04/01/2015)
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| 22 |
Filed: 3/31/2015, Entered: None |
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Emergency MOTION for Leave to File REPLY MATERIAL IN SUPPORT OF PRELIMINARY INJUNCTION by Carolyn Diviacchi. (Attachments: # 1 Exhibit VISA AVS GUIDE, # 2 Exhibit FIRST DATA PRIVACY STATEMENT)(Diviacchi, Valeriano) (Entered: 03/31/2015)
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| 21 |
Filed: 3/30/2015, Entered: None |
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Opposition re 14 MOTION to Dismiss filed by Carolyn Diviacchi. (Attachments: # 1 Exhibit First Data Privacy Policy)(Diviacchi, Valeriano) (Entered: 03/30/2015)
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Request |
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| 20 |
Filed: 3/30/2015, Entered: None |
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AFFIDAVIT in Opposition re 5 MOTION for Preliminary Injunction of Justin A. Mayer filed by Hess Corporation, Speedway LLC. (Baltay, Matthew) (Entered: 03/30/2015)
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| 19 |
Filed: 3/30/2015, Entered: None |
Unknown Document Type |
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AFFIDAVIT in Opposition re 5 MOTION for Preliminary Injunction of Stephanie J. Brown filed by Hess Corporation, Speedway LLC. (Attachments: # 1 Exhibit A)(Baltay, Matthew) (Entered: 03/30/2015)
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| 18 |
Filed: 3/30/2015, Entered: None |
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AFFIDAVIT in Opposition re 5 MOTION for Preliminary Injunction of Paul Smith filed by Hess Corporation, Speedway LLC. (Baltay, Matthew) (Entered: 03/30/2015)
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| 17 |
Filed: 3/30/2015, Entered: None |
Unknown Document Type |
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AFFIDAVIT in Opposition re 5 MOTION for Preliminary Injunction of Akira Johnson filed by Hess Corporation, Speedway LLC. (Baltay, Matthew) (Main Document 17 replaced on 3/31/2015) (Paine, Matthew). (Entered: 03/30/2015)
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| 16 |
Filed: 3/30/2015, Entered: None |
Unknown Document Type |
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MEMORANDUM in Opposition re 5 MOTION for Preliminary Injunction filed by Hess Corporation, Speedway LLC. (Baltay, Matthew) (Entered: 03/30/2015)
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Request |
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| 15 |
Filed: 3/27/2015, Entered: None |
Unknown Document Type |
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MEMORANDUM in Support re 14 MOTION to Dismiss filed by Hess Corporation, Speedway LLC. (Attachments: # 1 Exhibit A)(Baltay, Matthew) (Entered: 03/27/2015)
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| 14 |
Filed: 3/27/2015, Entered: None |
Unknown Document Type |
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MOTION to Dismiss by Hess Corporation, Speedway LLC.(Baltay, Matthew) (Entered: 03/27/2015)
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Request |
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| 13 |
Filed: 3/27/2015, Entered: None |
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CORPORATE DISCLOSURE STATEMENT by Hess Corporation. (Baltay, Matthew) (Entered: 03/27/2015)
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Request |
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| 12 |
Filed: 3/27/2015, Entered: None |
Unknown Document Type |
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CORPORATE DISCLOSURE STATEMENT by Speedway LLC. (Baltay, Matthew) (Entered: 03/27/2015)
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Request |
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| 11 |
Filed: 3/27/2015, Entered: None |
Unknown Document Type |
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NOTICE of Appearance by Daniel L. McFadden on behalf of Hess Corporation, Speedway LLC (McFadden, Daniel) (Entered: 03/27/2015)
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| 10 |
Filed: 3/27/2015, Entered: None |
Unknown Document Type |
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NOTICE of Appearance by Matthew C. Baltay on behalf of Hess Corporation, Speedway LLC (Baltay, Matthew) (Entered: 03/27/2015)
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| 9 |
Filed: 3/26/2015, Entered: None |
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SUMMONS Returned Executed Hess Corporation served on 3/6/2015, answer due 3/27/2015. (Diviacchi, Valeriano) (Entered: 03/26/2015)
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| 8 |
Filed: 3/19/2015, Entered: None |
Unknown Document Type |
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ELECTRONIC NOTICE Resetting Hearing on Motion 5 MOTION for Preliminary Injunction : Motion Hearing reset for 4/2/2015 10:00 AM in Courtroom 18 before Judge William G. Young. (Gaudet, Jennifer) (Entered: 03/19/2015)
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| 7 |
Filed: 3/18/2015, Entered: None |
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ELECTRONIC NOTICE Resetting Hearing on Motion 5 MOTION for Preliminary Injunction : Motion Hearing reset for 4/1/2015 02:00 PM in Courtroom 18 before Judge William G. Young. (Gaudet, Jennifer) (Entered: 03/18/2015)
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| 6 |
Filed: 3/17/2015, Entered: None |
Unknown Document Type |
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ELECTRONIC NOTICE Setting Hearing on Motion 5 MOTION for Preliminary Injunction : Motion Hearing set for 3/23/2015 02:00 PM in Courtroom 18 before Judge William G. Young. (Gaudet, Jennifer) (Entered: 03/17/2015)
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| Save 25% on a pre-paid one year subscription. |
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| 5 |
Filed: 3/15/2015, Entered: None |
Unknown Document Type |
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MOTION for Preliminary Injunction by Carolyn Diviacchi. (Attachments: # 1 Affidavit)(Diviacchi, Valeriano) (Entered: 03/15/2015)
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Request |
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| 4 |
Filed: 3/12/2015, Entered: None |
Unknown Document Type |
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SUMMONS Returned Executed Speedway LLC served on 3/6/2015, answer due 3/27/2015. (Diviacchi, Valeriano) (Entered: 03/12/2015)
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| 3 |
Filed: 3/5/2015, Entered: None |
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Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Burgos, Sandra) (Entered: 03/05/2015)
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| 2 |
Filed: 3/5/2015, Entered: None |
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ELECTRONIC NOTICE of Case Assignment. Judge William G. Young assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Judith G. Dein. (Abaid, Kimberly) (Entered: 03/05/2015)
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| 1 |
Filed: 3/4/2015, Entered: None |
Unknown Document Type |
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COMPLAINT against All Defendants Filing fee: $ 400, receipt number 0101-5438012 (Fee Status: Filing Fee paid), filed by Carolyn Diviacchi. (Attachments: # 1 Civil Cover Sheet Coversheet, # 2 Civil Cover Sheet Category Form)(Diviacchi, Valeriano) (Attachment 1 replaced on 3/16/2015) (Paine, Matthew). (Attachment 2 replaced on 3/16/2015) (Paine, Matthew). (Entered: 03/04/2015)
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