Joza v. WW JFK LLC et al

Federal Civil Lawsuit New York Eastern District Court, Case No. 1:07-cv-04153
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Parties
No Logo Jenny Joza, Plaintiff

Represented by Seham Seham Meltz and Petersen LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Susan Tracy Edwards +1 802 645 0641 +1 802 609 1513 sedwards@ssmplaw.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Nicholas Paul Granath +1 612 341 9080 +1 612 341 9079 ngranath@ssmplaw.com
ATTORNEY TO BE NOTICED Lucas K Middlebrook +1 914 997 1346 +1 914 997 7125 lmiddlebrook@ssmplaw.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Lee Seham +1 914 997 1346 +1 914 997 7125 ssmpls@aol.com

Represented by Suite 1204

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Stanley J. Silverstone +1 914 997 1346 +1 914 997 7125 ssilverstone@ssmplaw.com
v.
No Logo Ali Chiani, Defendant

Represented by Andrews & Kurth, LLP

Name Phone Fax E-Mail
TERMINATED: 12/19/2007, ATTORNEY TO BE NOTICED Lynne M Fischman Uniman +1 212 850 2837 +1 212 850 2929 luniman@akllp.com
ATTORNEY TO BE NOTICED Matthew Luke Hoeg +1 713 220 4012 +1 713 238 7328 mhoeg@andrewskurth.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Joseph Anthony Patella +1 212 850 2839 +1 212 850 2929 jpatella@huntonak.com
No Logo Mary Birmingham, Defendant

Represented by Andrews & Kurth, LLP

Name Phone Fax E-Mail
TERMINATED: 12/19/2007, ATTORNEY TO BE NOTICED Lynne M Fischman Uniman +1 212 850 2837 +1 212 850 2929 luniman@akllp.com
ATTORNEY TO BE NOTICED Matthew Luke Hoeg +1 713 220 4012 +1 713 238 7328 mhoeg@andrewskurth.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Joseph Anthony Patella +1 212 850 2839 +1 212 850 2929 jpatella@huntonak.com
No Logo Rene Pereira, Defendant

Represented by Andrews & Kurth, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Matthew Luke Hoeg +1 713 220 4012 +1 713 238 7328 mhoeg@andrewskurth.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Joseph Anthony Patella +1 212 850 2839 +1 212 850 2929 jpatella@huntonak.com
No Logo Robert Santucci, Defendant

Represented by Andrews & Kurth, LLP

Name Phone Fax E-Mail
TERMINATED: 12/19/2007, ATTORNEY TO BE NOTICED Lynne M Fischman Uniman +1 212 850 2837 +1 212 850 2929 luniman@akllp.com
ATTORNEY TO BE NOTICED Matthew Luke Hoeg +1 713 220 4012 +1 713 238 7328 mhoeg@andrewskurth.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Joseph Anthony Patella +1 212 850 2839 +1 212 850 2929 jpatella@huntonak.com
No Logo WW JFK LLC, Defendant

Represented by Andrews & Kurth, LLP

Name Phone Fax E-Mail
TERMINATED: 12/19/2007, ATTORNEY TO BE NOTICED Lynne M Fischman Uniman +1 212 850 2837 +1 212 850 2929 luniman@akllp.com
ATTORNEY TO BE NOTICED Matthew Luke Hoeg +1 713 220 4012 +1 713 238 7328 mhoeg@andrewskurth.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Joseph Anthony Patella +1 212 850 2839 +1 212 850 2929 jpatella@huntonak.com
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Legal Document (Payment Possibly Required) 112 Filed: 3/30/2011, Entered: None Court Filing
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 10 22 2009, before Judge HON. ERIC VITALIANO. Court Reporter/Transcriber MARSHA DIAMOND, Telephone number 718 613-2489. Email address: MARSHA_DIAMOND@NYED.USCOURTS.GOV. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/20/2011. Redacted Transcript Deadline set for 5/2/2011. Release of Transcript Restriction set for 6/28/2011. (Diamond, Marsha) (Entered: 03/30/2011)
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Legal Document (Payment Possibly Required) 111 Filed: 3/30/2011, Entered: None Court Filing
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 10 20 2009, before Judge HON. ERIC VITALIANO. Court Reporter/Transcriber MARSHA DIAMOND, Telephone number 718 613-2489. Email address: MARSHA_DIAMOND@NYED.USCOURTS.GOV. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/20/2011. Redacted Transcript Deadline set for 5/2/2011. Release of Transcript Restriction set for 6/28/2011. (Diamond, Marsha) (Entered: 03/30/2011)
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Legal Document (Payment Possibly Required) 110 Filed: 3/30/2011, Entered: None Court Filing
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 10 19 2009, before Judge HON. ERIC VITALIANO. Court Reporter/Transcriber MARSHA DIAMOND, Telephone number 718 613-2489. Email address: MARSHA_DIAMOND@NYED.USCOURTS.GOV. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/20/2011. Redacted Transcript Deadline set for 5/2/2011. Release of Transcript Restriction set for 6/28/2011. (Diamond, Marsha) (Entered: 03/30/2011)
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Legal Document (Payment Possibly Required) 109 Filed: 3/30/2011, Entered: None Court Filing
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 10 19 2009, before Judge HON. E. VITALIANO. Court Reporter/Transcriber MARSHA DIAMOND, Telephone number 718 613-2489. Email address: MARSHA_DIAMOND@NYED.USCOURTS.GOV. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/20/2011. Redacted Transcript Deadline set for 5/2/2011. Release of Transcript Restriction set for 6/28/2011. (Diamond, Marsha) (Entered: 03/30/2011)
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Legal Document (Payment Possibly Required) 108 Filed: 1/6/2011, Entered: None
MANDATE of USCA as to 105 Notice of Appeal filed by Mary Birmingham, Robert Santucci, Rene Pereira, Ali Chiani, WW JFK LLC. Certified Copy of an Order dated 1/6/11 disposing of the appeal (See document for further details).. Issued as mandate on 1/6/11. (Gonzalez, Mary) (Entered: 01/06/2011)
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Legal Document (Payment Possibly Required) 107 Filed: 12/8/2010, Entered: None
NOTICE by Jenny Joza Of Settlement of Award and Request to Withdraw Pending Motion to Execute Upon and Enforce Liability of Bond (Middlebrook, Lucas) (Entered: 12/08/2010)
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Legal Document (Payment Possibly Required) 106 Filed: 10/20/2010, Entered: None
NOTICE by Jenny Joza re 104 MOTION to Enforce Judgment and Execute Upon and Enforce Liability of Bond (Middlebrook, Lucas) (Entered: 10/20/2010)
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Legal Document (Payment Possibly Required) 105 Filed: 9/27/2010, Entered: None
NOTICE OF APPEAL as to 101 Order Adopting Report and Recommendations, 76 Order,, by Mary Birmingham, Ali Chiani, Rene Pereira, Robert Santucci, WW JFK LLC. Filing fee $ 455, receipt number 0207-4380991. (Hoeg, Matthew) (Entered: 09/27/2010)
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Legal Document (Payment Possibly Required) 104 Filed: 9/27/2010, Entered: None
MOTION to Enforce Judgment and Execute Upon and Enforce Liability of Bond by Jenny Joza. (Attachments: # 1 Exhibit Bond) (Middlebrook, Lucas) (Entered: 09/27/2010)
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Legal Document (Payment Possibly Required) 103 Filed: 9/16/2010, Entered: None
CLERK'S JUDGMENT, that pltff take nothing of the dfts; that after consideration of the testimony, the documents received in evidence, and the arguments of counsel, that the court finds and determines that plaintiff, Jenny Joza, has not carried her burden of proof and that judgment is entered in favor of all dfts, WW JFK LLC, d/b/a Ramada Plaza Hotel (current name Highgate JFK LLC), and in favor of the individual dfts, Mary Birmingham, Ali Chiani, Robert Santucci, and Renee Pereira on all claims. (Ordered by Robert C. Heinemann, Clerk of Court on 9/14/2010) (Piper, Francine) (Entered: 09/16/2010)
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Legal Document (Payment Possibly Required) 102 Filed: 9/10/2010, Entered: None Court Filing
MEMORANDUM AND ORDER: Following trial on the merits, judgment on all claims asserted by plaintiff Jenny Joza is for defendants. Ordered by Judge Eric N. Vitaliano on 9/9/2010. (Fwd'd for judgment) (Brucella, Michelle) (Entered: 09/10/2010)
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Legal Document (Payment Possibly Required) 101 Filed: 9/10/2010, Entered: None Court Filing
MEMORANDUM AND ORDER: The Court finds Magistrate Judge Orenstein's order and his reasons for it to be correct, comprehensive, and free of any clear error. The Court, therefore, adopts the Order in its entirety. Defendants are directed to pay the full amount of the award, $30,059.51, within 14 days of this Memorandum and Opinion. Upon satisfaction of the award, the bond will be vacated. Ordered by Judge Eric N. Vitaliano on 9/9/2010. (Brucella, Michelle) (Entered: 09/10/2010)
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Legal Document (Payment Possibly Required) 100 Filed: 7/9/2010, Entered: None Court Filing
TRANSCRIPT of Proceedings held on 10/15/2009, before Magistrate Judge James Orenstein. Court Transcriber TYPEWRITE WORD PROCESSING SERVICE, Telephone number (718)966-1401. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/30/2010. Redacted Transcript Deadline set for 8/9/2010. Release of Transcript Restriction set for 10/7/2010. (Clarke, Melonie) (Entered: 07/09/2010)
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Legal Document (Payment Possibly Required) 99 Filed: 2/17/2010, Entered: None Court Filing
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on October 15, 2009, before Judge Vitaliano. Court Reporter/Transcriber Burt Sulzer, Telephone number 718 613-2481. Email address: bsulzer@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/10/2010. Redacted Transcript Deadline set for 3/22/2010. Release of Transcript Restriction set for 5/18/2010. (Sulzer, Burt) (Entered: 02/17/2010)
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Legal Document (Payment Possibly Required) 98 Filed: 12/28/2009, Entered: None
MEMORANDUM in Opposition re 61 Trial Brief of Defendants filed by Jenny Joza. (Middlebrook, Lucas) (Entered: 12/28/2009)
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Legal Document (Payment Possibly Required) 97 Filed: 12/28/2009, Entered: None
MEMORANDUM in Opposition re 94 Trial Brief filed by Mary Birmingham, Ali Chiani, Rene Pereira, Robert Santucci, WW JFK LLC. (Hoeg, Matthew) (Entered: 12/28/2009)
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Legal Document (Payment Possibly Required) 96 Filed: 12/14/2009, Entered: None
Proposed Findings of Fact by Mary Birmingham, Ali Chiani, Rene Pereira, Robert Santucci, WW JFK LLC (Hoeg, Matthew) (Entered: 12/14/2009)
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Legal Document (Payment Possibly Required) 95 Filed: 12/14/2009, Entered: None
Proposed Findings of Fact by Jenny Joza (Middlebrook, Lucas) (Entered: 12/14/2009)
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Legal Document (Payment Possibly Required) 94 Filed: 12/14/2009, Entered: None
TRIAL BRIEF Post-Trial Memorandum by Jenny Joza (Attachments: # 1 Attachment A - Excerpts of Trial Transcript, # 2 Attachment. B - Amended Statement of Damages, # 3 Attachment C - Summary of Damages) (Middlebrook, Lucas) (Entered: 12/14/2009)
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Legal Document (Payment Possibly Required) 93 Filed: 12/14/2009, Entered: None
TRIAL BRIEF by Mary Birmingham, Ali Chiani, Rene Pereira, Robert Santucci, WW JFK LLC (Hoeg, Matthew) (Entered: 12/14/2009)
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Legal Document (Payment Possibly Required) 92 Filed: 11/17/2009, Entered: None
Joint MOTION for Extension of Time to File Post-Trial Memoranda by Jenny Joza. (Middlebrook, Lucas) (Entered: 11/17/2009)
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Legal Document (Payment Possibly Required) 91 Filed: 11/12/2009, Entered: None
Bond for Stay of Execution in the amount of $ 30,059.51 posted by WW JFK LLC. (Chee, Alvin) (Entered: 11/13/2009)
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Legal Document (Payment Possibly Required) 90 Filed: 11/10/2009, Entered: None
MEMORANDUM in Opposition re 87 Objection to Report and Recommendations filed by Jenny Joza. (Attachments: # 1 Exhibit A) (Middlebrook, Lucas) (Entered: 11/10/2009)
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Legal Document (Payment Possibly Required) 89 Filed: 11/9/2009, Entered: None
Letter Regarding Defendants' Amended Bond by Jenny Joza (Middlebrook, Lucas) (Entered: 11/09/2009)
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Legal Document (Payment Possibly Required) 88 Filed: 11/6/2009, Entered: None
Letter and Corrected Bond by Mary Birmingham, Ali Chiani, Rene Pereira, Robert Santucci, WW JFK LLC (Attachments: # 1 Corrected Bond) (Patella, Joesph) (Entered: 11/06/2009)
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Legal Document (Payment Possibly Required) 87 Filed: 10/27/2009, Entered: None
OBJECTION to Report and Recommendations October 13, 2009 Memorandum and Order Awarding Costs to Plaintiff filed by Mary Birmingham, Ali Chiani, Rene Pereira, Robert Santucci, WW JFK LLC. (Patella, Joesph) (Entered: 10/27/2009)
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Legal Document (Payment Possibly Required) 86 Filed: 10/27/2009, Entered: None Court Filing
ORDER re 47 Proposed Pretrial Order: Application Granted. Ordered by Judge Eric N. Vitaliano on 10/15/2009. (Brucella, Michelle) (Entered: 10/27/2009)
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Legal Document (Payment Possibly Required) 85 Filed: 10/20/2009, Entered: None
BOND for Stay of Execution in the amount of $ $30,059.51 posted by Jenny Joza. (Chee, Alvin) (Entered: 10/23/2009)
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Legal Document (Payment Possibly Required) 84 Filed: 10/19/2009, Entered: None Court Filing
TRANSCRIPT REQUEST AMENDED by Jenny Joza for proceedings held on 10/15/2009 before Judge Vitaliano. (Granath, Nicholas) (Entered: 10/19/2009)
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Legal Document (Payment Possibly Required) 83 Filed: 10/19/2009, Entered: None Court Filing
TRANSCRIPT REQUEST by Jenny Joza for proceedings held on 10/15/2009 before Judge Vitaliano. (Granath, Nicholas) (Entered: 10/19/2009)
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Legal Document (Payment Possibly Required) 82 Filed: 10/18/2009, Entered: None
MOTION to Strike by Jenny Joza. Responses due by 10/19/2009 (Attachments: # 1 Memorandum in Support, # 2 Proposed Order) (Granath, Nicholas) (Entered: 10/18/2009)
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Legal Document (Payment Possibly Required) 81 Filed: 10/16/2009, Entered: None
Original ANSWER to 79 Amended Complaint by Mary Birmingham, Ali Chiani, Rene Pereira, Robert Santucci, WW JFK LLC. (Hoeg, Matthew) (Entered: 10/16/2009)
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Legal Document (Payment Possibly Required) 80 Filed: 10/16/2009, Entered: None Court Filing
TRANSCRIPT of Proceedings held on 10/8/09, before Judge Orenstein. Court Transcriber FIORE REPORTING AND TRANSCRIPTION SERVICE, Telephone number 203-929-9992. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/3/2009. Redacted Transcript Deadline set for 11/13/2009. Release of Transcript Restriction set for 1/11/2010. (Hong, Loan) (Entered: 10/16/2009)
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Legal Document (Payment Possibly Required) 79 Filed: 10/15/2009, Entered: None
AMENDED COMPLAINT FIRST against Mary Birmingham, Ali Chiani, Rene Pereira, Robert Santucci, WW JFK LLC, filed by Jenny Joza. (Granath, Nicholas) (Entered: 10/15/2009)
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Legal Document (Payment Possibly Required) 78 Filed: 10/15/2009, Entered: None Court Filing
Minute Entry for proceedings held before Magistrate Judge James Orenstein:Status Conference held on 10/15/2009. (1) On the understanding that the plaintiff does not proposed to add a new party to the case, but rather to add an allegation about existing defendant WW JFK, LLC, and with the consent of the defendants, I granted the plaintiff's motion to amend the complaint, docket entry 77 . With the consent of all parties, the amended complaint, docket entry [77-2], is deemed filed and served on all defendants as of today. (2) For the reasons set forth on the record, I respectfully recommend that the court deny the plaintiff's Emergency Motion for Pre-Judgment Attachment, docket entry 52 . In light of the limited time available to lodge objections to my recommendation before the issue will be mooted by the completion of the trial scheduled to begin on October 19, 2009, I explained the reasons for my recommendation orally on the record and will not file a written Report and Recommendation. To the extent the plaintiff may seek to lodge objections pursuant to Federal Rule of Civil Procedure 72, she will secure an expedited transcript of today's proceeding. (Orenstein, James) (Entered: 10/15/2009)
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Legal Document (Payment Possibly Required) 77 Filed: 10/13/2009, Entered: None
First MOTION to Amend/Correct/Supplement Original Complaint by Jenny Joza. (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Affidavit in Support, # 4 Proposed Order) (Granath, Nicholas) (Entered: 10/13/2009)
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Blank 76 Filed: 10/13/2009, Entered: None Court Filing
ORDER -- For the reasons set forth in the attached document, I direct the defendants to reimburse plaintiff Jenny Joza for the costs that they unreasonably imposed on her, in the total amount of $30,059.51. The defendants are jointly and severally responsible for paying that amount, and I direct that they do so forthwith. To the extent the defendants wish to defer making such payment until they have had an opportunity to seek review of this order, I direct the defendants to file a bond in the full amount I have ordered them to pay. See Loc. Civ. R. 54.2. Ordered by Magistrate Judge James Orenstein on 10/13/2009. (Sussman, Dana) (Entered: 10/13/2009)
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Legal Document (Payment Possibly Required) 75 Filed: 10/13/2009, Entered: None
RESPONSE to Motion re 65 MOTION in Limine To Conclusively Establish Matters Admitted In Responsive Pleadings filed by Mary Birmingham, Ali Chiani, Rene Pereira, Robert Santucci, WW JFK LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Hoeg, Matthew) (Entered: 10/13/2009)
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Legal Document (Payment Possibly Required) 74 Filed: 10/12/2009, Entered: None
DECLARATION re 73 Memorandum in Support SUPPLEMENT by Jenny Joza (Attachments: # 1 Exhibit C) (Middlebrook, Lucas) (Entered: 10/12/2009)
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Legal Document (Payment Possibly Required) 73 Filed: 10/12/2009, Entered: None
MEMORANDUM in Support re 52 Emergency MOTION for Preliminary Injunction for Pre-Judgment Attachment Pursuant to FRCP 64 and NYCPLR 6201 SUPPLEMENT filed by Jenny Joza. (Middlebrook, Lucas) (Entered: 10/12/2009)
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Legal Document (Payment Possibly Required) 72 Filed: 10/12/2009, Entered: None
NOTICE by Jenny Joza Joint Report On Effort To Resolve Plaintiff's Motion For Pre-Judgment Attachment On Consent (Middlebrook, Lucas) (Entered: 10/12/2009)
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Legal Document (Payment Possibly Required) 71 Filed: 10/12/2009, Entered: None
RESPONSE to Motion re 52 Emergency MOTION for Preliminary Injunction for Pre-Judgment Attachment Pursuant to FRCP 64 and NYCPLR 6201 Supplemental Submission in Support of Defendants' Response filed by Mary Birmingham, Ali Chiani, Rene Pereira, Robert Santucci, WW JFK LLC. (Hoeg, Matthew) (Entered: 10/12/2009)
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Legal Document (Payment Possibly Required) 70 Filed: 10/9/2009, Entered: None
BILL OF COSTS (Defendants' Objection to) by Mary Birmingham, Ali Chiani, Rene Pereira, Robert Santucci, WW JFK LLC (Hoeg, Matthew) (Entered: 10/09/2009)
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Legal Document (Payment Possibly Required) 69 Filed: 10/9/2009, Entered: None
RESPONSE to Motion re 60 MOTION in Limine filed by Mary Birmingham, Ali Chiani, Rene Pereira, Robert Santucci, WW JFK LLC. (Hoeg, Matthew) (Entered: 10/09/2009)
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Legal Document (Payment Possibly Required) 68 Filed: 10/8/2009, Entered: None Court Filing
TRANSCRIPT REQUEST AND ORDER FORM by Jenny Joza for proceedings held on 10/08/2009 before Judge James Orenstein. (Middlebrook, Lucas) (Entered: 10/08/2009)
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Legal Document (Payment Possibly Required) 67 Filed: 10/8/2009, Entered: None Court Filing
Minute Entry for proceedings held before Magistrate Judge James Orenstein:Telephone Conference held on 10/8/2009. (1) The parties will confer in an effort to resolve the referred motion for pre-judgment attachment on consent, and report on their progress by October 12, 2009. If the parties are unable to resolve the matter at that point, I will recommend a disposition. (2) In light of the defendants' conduct in suggesting that plaintiff Joza may not be able to collect on any judgment she might secure in this matter, I concluded that it would be improvident to permit further delay in resolving the issue of the costs the defendants must reimburse to the plaintiff pursuant to my order dated February 24, 2009, docket entry 41 . As the defendants have already identified their objections to the plaintiff's calculation of the amount owed, I directed them to file those objections tomorrow (October 9, 2009) and to specify the amount not in dispute that will be paid forthwith pending my resolution of such objections. (Orenstein, James) (Entered: 10/08/2009)
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Legal Document (Payment Possibly Required) 66 Filed: 10/8/2009, Entered: None
MEMORANDUM in Opposition re 52 Emergency MOTION for Preliminary Injunction for Pre-Judgment Attachment Pursuant to FRCP 64 and NYCPLR 6201 filed by Mary Birmingham, Ali Chiani, Rene Pereira, Robert Santucci, WW JFK LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Hoeg, Matthew) (Entered: 10/08/2009)
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Legal Document (Payment Possibly Required) 65 Filed: 10/5/2009, Entered: None
MOTION in Limine To Conclusively Establish Matters Admitted In Responsive Pleadings by Jenny Joza. (Attachments: # 1 A, # 2 Proposed Order) (Middlebrook, Lucas) (Entered: 10/05/2009)
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Legal Document (Payment Possibly Required) 64 Filed: 10/5/2009, Entered: None
TRIAL BRIEF DETAILED STATEMENT OF DAMAGES by Jenny Joza (Attachments: # 1 Exhibit A) (Middlebrook, Lucas) (Entered: 10/05/2009)
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Legal Document (Payment Possibly Required) 63 Filed: 10/5/2009, Entered: None
PRETRIAL MEMORANDUM by Jenny Joza (Middlebrook, Lucas) (Entered: 10/05/2009)
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Legal Document (Payment Possibly Required) 62 Filed: 10/2/2009, Entered: None
TRIAL BRIEF Statement of Elements of Defenses and Summary of Facts by Mary Birmingham, Ali Chiani, Rene Pereira, Robert Santucci, WW JFK LLC (Hoeg, Matthew) (Entered: 10/02/2009)
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Legal Document (Payment Possibly Required) 61 Filed: 10/2/2009, Entered: None
TRIAL BRIEF Trial Memorandum by Mary Birmingham, Ali Chiani, Rene Pereira, Robert Santucci, WW JFK LLC (Hoeg, Matthew) (Entered: 10/02/2009)
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Legal Document (Payment Possibly Required) 60 Filed: 10/2/2009, Entered: None
MOTION in Limine by Jenny Joza. (Attachments: # 1 Exhibit A, # 2 Proposed Order) (Middlebrook, Lucas) (Entered: 10/02/2009)
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Legal Document (Payment Possibly Required) 59 Filed: 10/2/2009, Entered: None
NOTICE of Appearance by Nicholas P. Granath on behalf of Jenny Joza (aty to be noticed) (Granath, Nicholas) (Entered: 10/02/2009)
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Legal Document (Payment Possibly Required) 58 Filed: 10/2/2009, Entered: None Court Filing
ORDER REFERRING MOTION: The Court refers the 52 motion by plaintiff for an Order of Attachment to Magistrate Judge James Orenstein for determination of whether the motion should be granted and for any related matters that may arise. Ordered by Judge Eric N. Vitaliano on 10/1/2009. (Brucella, Michelle) (Entered: 10/02/2009)
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Legal Document (Payment Possibly Required) 57 Filed: 10/2/2009, Entered: None Court Filing
ORDER granting 56 Motion for Leave to Appear Pro Hac Vice -- Attorney Nicholas P. Granath, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By October 12, 2009, Mr. Granath shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Granath shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Granath shall also ensure that the $25 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 10/2/2009. (Sussman, Dana) (Entered: 10/02/2009)
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Legal Document (Payment Possibly Required) 56 Filed: 10/1/2009, Entered: None
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-3761818. by Jenny Joza. (Attachments: # 1 Affidavit of Nicholas P. Granath, # 2 Proposed Order) (Middlebrook, Lucas) (Entered: 10/01/2009)
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Legal Document (Payment Possibly Required) 55 Filed: 9/30/2009, Entered: None
AFFIDAVIT/DECLARATION in Support re 52 Emergency MOTION for Preliminary Injunction for Pre-Judgment Attachment Pursuant to FRCP 64 and NYCPLR 6201 filed by Jenny Joza. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Middlebrook, Lucas) (Entered: 09/30/2009)
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Legal Document (Payment Possibly Required) 54 Filed: 9/30/2009, Entered: None
AFFIDAVIT/DECLARATION in Support re 52 Emergency MOTION for Preliminary Injunction for Pre-Judgment Attachment Pursuant to FRCP 64 and NYCPLR 6201 filed by Jenny Joza. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Middlebrook, Lucas) (Entered: 09/30/2009)
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Legal Document (Payment Possibly Required) 53 Filed: 9/30/2009, Entered: None
MEMORANDUM in Support re 52 Emergency MOTION for Preliminary Injunction for Pre-Judgment Attachment Pursuant to FRCP 64 and NYCPLR 6201 filed by Jenny Joza. (Middlebrook, Lucas) (Entered: 09/30/2009)
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Legal Document (Payment Possibly Required) 52 Filed: 9/30/2009, Entered: None
Emergency MOTION for Preliminary Injunction for Pre-Judgment Attachment Pursuant to FRCP 64 and NYCPLR 6201 by Jenny Joza. (Attachments: # 1 Proposed Order) (Middlebrook, Lucas) (Entered: 09/30/2009)
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Legal Document (Payment Possibly Required) 51 Filed: 7/27/2009, Entered: None
Letter advising of updated availability for trial by WW JFK LLC (Patella, Joesph) (Entered: 07/27/2009)
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Legal Document (Payment Possibly Required) 50 Filed: 7/22/2009, Entered: None Court Filing
ORDER -- Discovery is closed. The parties have submitted a proposed joint pretrial order that substantially complies with the individual practice requirements of the Honorable Eric N. Vitaliano, United States District Judge. I therefore deem the action to be ready for trial, on a date to be set by Judge Vitaliano. Ordered by Magistrate Judge James Orenstein on 7/22/2009. (Orenstein, James) (Entered: 07/22/2009)
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Legal Document (Payment Possibly Required) 49 Filed: 7/22/2009, Entered: None Court Filing
Minute Entry for proceedings held before Magistrate Judge James Orenstein:Interim Pretrial Conference held on 7/22/2009. (1) Discovery is complete and there are no outstanding discovery disputes. (2) The parties discussed settlement but did not reach agreement and none seems likely at this time. If the parties agree that a further settlement discussion would be useful, they may contact chambers to arrange it. (3) I will enter a separate order certifying that the case is ready for trial. (Orenstein, James) (Entered: 07/22/2009)
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Legal Document (Payment Possibly Required) 48 Filed: 7/17/2009, Entered: None
Letter by Mary Birmingham, Ali Chiani, Rene Pereira, Robert Santucci, WW JFK LLC (Patella, Joesph) (Entered: 07/17/2009)
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Legal Document (Payment Possibly Required) 47 Filed: 7/15/2009, Entered: None
Proposed Pretrial Order by Mary Birmingham, Ali Chiani, Rene Pereira, Robert Santucci, WW JFK LLC (Patella, Joesph) (Entered: 07/15/2009)
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Legal Document (Payment Possibly Required) 46 Filed: 6/25/2009, Entered: None Court Filing
MEMORANDUM AND ORDER: On February 24, 2009, Magistrate Judge James Orenstein issued an Order denying Joza's sanctions motion but directing the defendants to reimburse Joza for her "reasonable costs, including attorneys' fees, in seeking to vindicate her legitimate discovery rights through litigation made necessary by the defendants' unjustifiably incorrect discovery responses." Defendants now object to having to reimburse Joza for these costs. The Order is affirmed in its entirety. Ordered by Judge Eric N. Vitaliano on 6/24/2009. (Brucella, Michelle) (Entered: 06/25/2009)
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Legal Document (Payment Possibly Required) 45 Filed: 6/24/2009, Entered: None
Letter Requesting Trial Date by Jenny Joza (Edwards, Susan) (Entered: 06/24/2009)
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Legal Document (Payment Possibly Required) 44 Filed: 3/24/2009, Entered: None Court Filing
MEMORANDUM in Opposition To Defendants' Objection To The Magistrate Judge's February 24, 2009 Memorandum And Order filed by Jenny Joza. (Middlebrook, Lucas) (Entered: 03/24/2009)
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Legal Document (Payment Possibly Required) 43 Filed: 3/20/2009, Entered: None
Letter Advising of trial availability by WW JFK LLC, Mary Birmingham, Ali Chiani, Robert Santucci, Rene Pereira (Patella, Joesph) (Entered: 03/20/2009)
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Legal Document (Payment Possibly Required) 42 Filed: 3/10/2009, Entered: None Court Filing
NOTICE by WW JFK LLC, Mary Birmingham, Ali Chiani, Robert Santucci, Rene Pereira Objection to Magistrate Judge's Order (Porsch, Cassandra) (Entered: 03/10/2009)
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Legal Document (Payment Possibly Required) 41 Filed: 2/24/2009, Entered: None Court Filing
ORDER granting in part and denying in part 29 Motion for Sanctions. For the reasons set forth in the attached document, I deny plaintiff Joza's motion to impose sanctions on the defendants based on their alleged spoliation of evidence, but I direct the defendants to reimburse the plaintiff's reasonable costs, including attorneys' fees, in seeking to vindicate her legitimate discovery rights through litigation made necessary by the defendants' unjustifiably incorrect discovery responses. Ordered by Magistrate Judge James Orenstein on 2/24/2009. (Orenstein, James) (Entered: 02/24/2009)
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Legal Document (Payment Possibly Required) 40 Filed: 2/20/2009, Entered: None
REPLY in Opposition re 39 Memorandum in Opposition To Plaintiff's Motion for Sanctions for Spoliation of Evidence filed by Jenny Joza. (Middlebrook, Lucas) (Entered: 02/20/2009)
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Legal Document (Payment Possibly Required) 39 Filed: 2/13/2009, Entered: None
MEMORANDUM in Opposition to Motion for Sanctions filed by all defendants. (Porsch, Cassandra) (Entered: 02/13/2009)
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Legal Document (Payment Possibly Required) 38 Filed: 2/9/2009, Entered: None
Letter Regarding Spoliation of Evidence Briefing Schedule by Jenny Joza (Middlebrook, Lucas) (Entered: 02/09/2009)
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Legal Document (Payment Possibly Required) 37 Filed: 1/27/2009, Entered: None Court Filing
Minute Entry for proceedings held before Magistrate Judge James Orenstein:Telephone Conference held on 1/27/2009. The parties agree that in light of recent events, there is no need for an evidentiary hearing. Instead, the parties will confer and promptly submit a proposed schedule for the submission of supplemental letters on the motion for discovery sanctions based on a claim of spoliation. Upon resolving the motion on the papers, I will direct the parties to appear before Judge Vitaliano to set a trial date. (Orenstein, James) (Entered: 01/27/2009)
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Legal Document (Payment Possibly Required) 36 Filed: 1/26/2009, Entered: None
RESPONSE in Opposition re 29 MOTION for Sanctions for Spoliation of Evidence filed by all defendants. (Attachments: # 1 Affidavit of Indrapaul Cholaram) (Patella, Joesph) (Entered: 01/26/2009)
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Legal Document (Payment Possibly Required) 35 Filed: 1/22/2009, Entered: None
REPLY in Support re 33 Letter MOTION to Adjourn Conference Spoliation of Evidence Hearing filed by Jenny Joza. (Middlebrook, Lucas) (Entered: 01/22/2009)
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Legal Document (Payment Possibly Required) 34 Filed: 1/21/2009, Entered: None
RESPONSE in Opposition re 33 Letter MOTION to Adjourn Conference Spoliation of Evidence Hearing filed by all defendants. (Patella, Joesph) (Entered: 01/21/2009)
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Legal Document (Payment Possibly Required) 33 Filed: 1/20/2009, Entered: None
Letter MOTION to Adjourn Conference Spoliation of Evidence Hearing by Jenny Joza. (Middlebrook, Lucas) (Entered: 01/20/2009)
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Legal Document (Payment Possibly Required) 32 Filed: 12/24/2008, Entered: None
Letter to Case Manager William Villanueva regarding pre-motion hearing by Jenny Joza (Silverstone, Stanley) (Entered: 12/24/2008)
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Legal Document (Payment Possibly Required) 31 Filed: 12/12/2008, Entered: None Court Filing
Minute Entry for proceedings held before Magistrate Judge James Orenstein:Telephone Conference held on 12/12/2008. SCHEDULING: The next conference will be held on January 15, 2009, at 2:00 p.m. THE FOLLOWING RULINGS WERE MADE: (1) I will conduct an evidentiary hearing on the plaintiffs' motion for discovery sanction based on alleged spoliation at the next conference. (2) The pretrial conference previously scheduled for January 14, 2009, at 11:00 a.m. is adjourned without date. I will set a new date for that conference, and for any remaining pretrial matters, after resolving the pending motion for discovery sanctions. (Orenstein, James) (Entered: 12/12/2008)
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Legal Document (Payment Possibly Required) 30 Filed: 12/2/2008, Entered: None
REPLY in Opposition re 29 MOTION for Sanctions for Spoliation of Evidence filed by WW JFK LLC, Mary Birmingham, Ali Chiani, Robert Santucci, Rene Pereira. (Patella, Joesph) (Entered: 12/02/2008)
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Legal Document (Payment Possibly Required) 29 Filed: 11/26/2008, Entered: None
MOTION for Sanctions for Spoliation of Evidence by Jenny Joza. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Middlebrook, Lucas) (Entered: 11/26/2008)
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Legal Document (Payment Possibly Required) 28 Filed: 11/4/2008, Entered: None Court Filing
AMENDED SCHEDULING ORDER: Joint pretrial order due by: January 5, 2009. Pretrial Conference: January 14, 2009, at 11:00 a.m. Pursuant to paragraph V.A of this order there will be no further extensions absent a timely showing of extraordinary circumstances. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on November 4, 2008. (Fick, Sarah) (Entered: 11/04/2008)
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Legal Document (Payment Possibly Required) 27 Filed: 11/3/2008, Entered: None
First MOTION for Extension of Time to Complete Discovery and Extension to Case Management and Scheduling Order by Jenny Joza. (Middlebrook, Lucas) (Entered: 11/03/2008)
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Legal Document (Payment Possibly Required) 26 Filed: 11/3/2008, Entered: None
First MOTION for Extension of Time to Complete Discovery and Adjournment of Pre-Motion Conference by Jenny Joza. (Attachments: # 1 Stipulation) (Middlebrook, Lucas) (Entered: 11/03/2008)
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Legal Document (Payment Possibly Required) 25 Filed: 11/3/2008, Entered: None
Proposed Pretrial Order Regarding Production of Reservation Fax Records by Jenny Joza (Middlebrook, Lucas) (Entered: 11/03/2008)
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Legal Document (Payment Possibly Required) 24 Filed: 10/24/2008, Entered: None Court Filing
Minute Entry for proceedings held before Magistrate Judge James Orenstein:Telephone Conference held on 10/24/2008. SCHEDULING: The next pretrial conference will be held on November 13, 2008, at 9:30 a.m. THE FOLLOWING RULINGS WERE MADE: (1) With respect to the plaintiff's request for reservation fax records over a six-year period, the parties will confer and promptly submit a proposed order to the effect that the plaintiff will review such records from a sample period as a test of whether the request at issue is reasonably calculated to lead to the discovery of admissible evidence. If, after the plaintiff has reviewed the sample, the parties remain in dispute, they will so advise me and I will rule on this portion of the plaintiff's motion to compel production. (2) With respect to the plaintiff's request for a copy of the corporate defendant's franchise agreement with a non-party, the request is not reasonably calculated to lead to the discovery of admissible evidence as to any claim against any defendant currently in the case; it is instead designed to discover if there might be the basis for asserting a new claim against a new defendant. Accordingly, I denied that portion of the plaintiff's motion to compel. (3) The portion of the motion to compel relating to the request for a privilege log is denied as moot because the defendants have produced the requested log. (Orenstein, James) (Entered: 10/24/2008)
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Legal Document (Payment Possibly Required) 23 Filed: 10/21/2008, Entered: None
MOTION for Hearing /Pre-Motion Conference by Jenny Joza. (Silverstone, Stanley) (Entered: 10/21/2008)
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Legal Document (Payment Possibly Required) 22 Filed: 10/21/2008, Entered: None
MOTION for Hearing /Pre-Motion Conference by WW JFK LLC, Mary Birmingham, Ali Chiani, Robert Santucci, Rene Pereira. (Patella, Joesph) (Entered: 10/21/2008)
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Legal Document (Payment Possibly Required) 21 Filed: 10/16/2008, Entered: None
Letter Response by WW JFK LLC (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G) (Hoeg, Matthew) (Entered: 10/16/2008)
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Legal Document (Payment Possibly Required) 20 Filed: 10/13/2008, Entered: None
First MOTION to Compel Discovery (In Letter as Required by Local Rule 37.3) by Jenny Joza. (Middlebrook, Lucas) (Entered: 10/13/2008)
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Legal Document (Payment Possibly Required) 19 Filed: 10/3/2008, Entered: None
MOTION for Extension of Time to Complete Discovery by WW JFK LLC, Mary Birmingham, Ali Chiani, Robert Santucci, Rene Pereira. (Patella, Joesph) (Entered: 10/03/2008)
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Legal Document (Payment Possibly Required) 18 Filed: 6/26/2008, Entered: None
Letter providing status report and jointly requesting an adjournment of the status conference by WW JFK LLC, Mary Birmingham, Ali Chiani, Robert Santucci, Rene Pereira (Patella, Joesph) (Entered: 06/26/2008)
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Legal Document (Payment Possibly Required) 17 Filed: 2/11/2008, Entered: None Court Filing
SCHEDULING ORDER: First request for production of documents and first request for interrogatories due by: March 17, 2008. Deadline for joinder of additional parties and amendment of pleadings: May 12, 2008. Status Conference: June 30, 2008, at 11:30 a.m. All discovery, including production of all expert reports, if any, to be completed by: October 7, 2008. Dispositive motion process started by: October 21, 2008. Joint pretrial order due by: November 5, 2008. Pretrial Conference: November 13, 2008, at 9:30 a.m. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on February 11, 2008. (Roehm, Scott) (Entered: 02/11/2008)
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Legal Document (Payment Possibly Required) 16 Filed: 2/11/2008, Entered: None Court Filing
Minute Entry for proceedings held before Magistrate Judge James Orenstein: Initial Conference Hearing held on 2/11/2008. SCHEDULING: (1) The next status conference will be held on June 30, 2008, at 11:30 a.m. (2) The final pretrial conference will beheld on November 13, 2008, at 9:30 a.m. THE FOLLOWING RULINGS WERE MADE: I will enter a separate case management and scheduling order that reflects the deadlines set forth in the parties' joint discovery plan. (Roehm, Scott) (Entered: 02/11/2008)
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Legal Document (Payment Possibly Required) 15 Filed: 2/7/2008, Entered: None
Proposed Scheduling Order and Case Management by Jenny Joza, WW JFK LLC, Mary Birmingham, Ali Chiani, Robert Santucci, Rene Pereira (Middlebrook, Lucas) (Entered: 02/07/2008)
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Legal Document (Payment Possibly Required) 14 Filed: 2/6/2008, Entered: None
NOTICE of Appearance by Matthew Hoeg on behalf of WW JFK LLC, Mary Birmingham, Ali Chiani, Robert Santucci, Rene Pereira (aty to be noticed) (Hoeg, Matthew) (Entered: 02/06/2008)
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Legal Document (Payment Possibly Required) 13 Filed: 1/16/2008, Entered: None
MOTION for Leave to Appear Pro Hac Vice , Joseph A. Patella Affidavit in Support of Motion and Matthew L. Hoeg Affidavit with Certificate of Good Standing and Proposed Order attached as Exhibit A by WW JFK LLC, Mary Birmingham, Ali Chiani, Robert Santucci, Rene Pereira. (Patella, Joesph) (Additional attachment(s) added on 1/31/2008: # 1 Receipt for Payment) (Barrett, C). (Entered: 01/16/2008)
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Legal Document (Payment Possibly Required) 12 Filed: 1/11/2008, Entered: None Court Filing
SCHEDULING ORDER: An Initial Conference is scheduled for February 11, 2008 at, 2:30 PM before Magistrate Judge James Orenstein. SEE ATTACHED DOCUMENT. Ordered by Magistrate Judge James Orenstein on 1/11/08. (Guy, Alicia) (Entered: 01/11/2008)
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Legal Document (Payment Possibly Required) 11 Filed: 12/21/2007, Entered: None
NOTICE of Appearance by Susan Tracy Edwards on behalf of Jenny Joza (aty to be noticed) (Edwards, Susan) (Entered: 12/21/2007)
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Legal Document (Payment Possibly Required) 10 Filed: 12/19/2007, Entered: None
Defendant Rene Pereira's Original ANSWER to 1 Complaint by Rene Pereira. (Patella, Joesph) (Entered: 12/19/2007)
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Legal Document (Payment Possibly Required) 9 Filed: 12/19/2007, Entered: None
NOTICE of Appearance by Joesph Patella on behalf of Rene Pereira (aty to be noticed) (Patella, Joesph) (Entered: 12/19/2007)
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Legal Document (Payment Possibly Required) 8 Filed: 11/13/2007, Entered: None
NOTICE of Appearance by Stanley J. Silverstone on behalf of Jenny Joza (aty to be noticed) (Silverstone, Stanley) (Entered: 11/13/2007)
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Legal Document (Payment Possibly Required) 7 Filed: 11/13/2007, Entered: None
Defendants' Original ANSWER to 1 Complaint and Affirmative Defenses by WW JFK LLC, Mary Birmingham, Ali Chiani, Robert Santucci. (Fischman Uniman, Lynne) (Entered: 11/13/2007)
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Legal Document (Payment Possibly Required) 6 Filed: 10/29/2007, Entered: None
SUMMONS Returned Executed by Jenny Joza. Ali Chiani served on 10/18/2007, answer due 11/7/2007. (Middlebrook, Lucas) (Entered: 10/29/2007)
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Legal Document (Payment Possibly Required) 5 Filed: 10/29/2007, Entered: None
SUMMONS Returned Executed by Jenny Joza. Robert Santucci served on 10/18/2007, answer due 11/7/2007. (Middlebrook, Lucas) (Entered: 10/29/2007)
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Legal Document (Payment Possibly Required) 4 Filed: 10/29/2007, Entered: None
SUMMONS Returned Executed by Jenny Joza. Mary Birmingham served on 10/18/2007, answer due 11/7/2007. (Middlebrook, Lucas) (Entered: 10/29/2007)
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Legal Document (Payment Possibly Required) 3 Filed: 10/29/2007, Entered: None
SUMMONS Returned Executed by Jenny Joza. WW JFK LLC served on 10/18/2007, answer due 11/7/2007. (Middlebrook, Lucas) (Entered: 10/29/2007)
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Legal Document (Payment Possibly Required) 2 Filed: 10/11/2007, Entered: None
NOTICE of Appearance by Lucas Keith Middlebrook on behalf of Jenny Joza (aty to be noticed) (Middlebrook, Lucas) (Entered: 10/11/2007)
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Legal Document (Payment Possibly Required) 1 Filed: 10/4/2007, Entered: None
COMPLAINT against WW JFK LLC, Mary Birmingham, Ali Chiani, Robert Santucci, Rene Pereira $ 350, filed by Jenny Joza. (Attachments: # 1 Civil Cover Sheet) (Bowens, Priscilla) (Entered: 10/05/2007)
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