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 33 |
Filed: 6/6/2014, Entered: None |
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STIPULATION AND ORDER OF FINAL DISMISSAL WITH PREJUDICE. Ordered by Judge Sandra L. Townes on 6/4/2014. (Piper, Francine) (Entered: 06/06/2014)
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| 32 |
Filed: 6/3/2014, Entered: None |
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SETTLEMENT AGREEMENT and Proposed Order by Henryk Krol (Attachments: # 1 Exhibit) (Ambinder, Lloyd) (Entered: 06/03/2014)
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Filed: 6/1/2014, Entered: None |
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SCHEDULING ORDER: In light of the Parties' representation that this matter is close to resolution, the telephone conference scheduled for 6/5/2014 is adjourned sine die. Ordered by Magistrate Judge Vera M. Scanlon on 6/1/2014. (Rice, Liane)
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Filed: 6/1/2014, Entered: None |
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ORDER granting 31 Motion for Extension of Time to File settlement papers. On or before 6/5/2014, the Parties shall file the necessary settlement papers. Ordered by Magistrate Judge Vera M. Scanlon on 6/1/2014. (Lozar, Ryan)
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| 31 |
Filed: 5/30/2014, Entered: None |
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MOTION for Extension of Time to File settlement documents by Henryk Krol. (Ambinder, Lloyd) (Entered: 05/30/2014)
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Filed: 5/16/2014, Entered: None |
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ORDER granting 30 Motion to Stay the FLSA Publication Order. The Parties report that this matter is settled. On or before 5/31/2014, the Parties shall file the necessary settlement papers. Ordered by Magistrate Judge Vera M. Scanlon on 5/16/2014. (Lozar, Ryan)
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| 30 |
Filed: 5/15/2014, Entered: None |
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First MOTION to Stay FLSA Publication due to settlement in principle by Henryk Krol. (Ambinder, Lloyd) (Entered: 05/15/2014)
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| 29 |
Filed: 5/13/2014, Entered: None |
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NOTICE of Appearance by Cory Scott Dworken on behalf of All Defendants (aty to be noticed) (Dworken, Cory) (Entered: 05/13/2014)
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Filed: 5/1/2014, Entered: None |
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STATUS REPORT ORDER: In light of the timing of the collective action notice, on or before 8/1/2014, the parties must provide the Court with an updated proposed discovery schedule. The statur report should report on progress in document discovery and depositions. Ordered by Magistrate Judge Vera M. Scanlon on 5/1/2014. (Scanlon, Vera)
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| 28 |
Filed: 4/21/2014, Entered: None |
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ORDER granting 26 Motion to Certify FLSA Collective Action; granting 27 Motion to Amend/Correct/Supplement; granting 19 Motion to Certify Class. 1) As stated in this Court's 3/6/2014 Order, Defendants consented to 19 Motion for conditional certification of the collective action. 2) The court grants Plaintiffs' 26 and 27 Motions, as modified by the attached documents. As stated in the attached Publication Order, Plaintiffs will mail the attached Notice of Lawsuit and Consent to Join form on or before 5/21/2014. On or before 5/6/2014, Defendants will provide to Plaintiffs a list of the names and last known addresses of all individuals employed by Defendants from 3/4/2010 to the present. The collective action members shall mail the Consent to Join form to Plaintiff's counsel by 7/11/2014 or to the Clerk of Court by 7/21/2014. Ordered by Magistrate Judge Vera M. Scanlon on 4/21/2014. (Attachments: # 1 Consent to Join Form, # 2 Notice of Lawsuit) (Rice, Liane) (Entered: 04/21/2014)
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| 27 |
Filed: 4/11/2014, Entered: None |
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First MOTION to Amend/Correct/Supplement proposed notice and claim form by Henryk Krol. (Attachments: # 1 Proposed Order, # 2 Exhibit, # 3 Exhibit) (Ambinder, Lloyd) (Entered: 04/11/2014)
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Filed: 4/9/2014, Entered: None |
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ORDER. Plaintiff's counsel has failed to comply with the Court's 3/31/2014 Order directing them to resubmit their proposed notice, consent form and order due to the fact that these documents were copied and pasted from another case but not edited to reflect the facts specific to this action. On or before 4/11/2014, Plaintiff's counsel must comply. Ordered by Magistrate Judge Vera M. Scanlon on 4/9/2014. (Lozar, Ryan)
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Filed: 3/31/2014, Entered: None |
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STATUS REPORT ORDER. The Court is in receipt of the Proposed Notice, Consent Form and Order at 26 which, by Plaintiff's own admission, were modeled after documents submitted in another action. Plaintiff's counsel must resubmit the documents so that they reflect the facts specific to this action. Among other things, Plaintiff's counsel must edit the documents throughout so that they correctly state: (1) the nature of the claim; (2) the job description of the employees the notice is meant to address; and (3) the name of the presiding district judge. On or before 4/4/2014, Plaintiff's counsel must email a Word version of the revised documents to the Court (with a copy to Defendants) at scanlon_chambers@nyed.uscourts.gov. Ordered by Magistrate Judge Vera M. Scanlon on 3/31/2014. (Lozar, Ryan)
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| 26 |
Filed: 3/28/2014, Entered: None |
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First MOTION to Certify FLSA Collective Action Proposed Notice, Consent Form, Order by Henryk Krol. (Attachments: # 1 Proposed Order, # 2 Exhibit, # 3 Exhibit) (Ambinder, Lloyd) (Entered: 03/28/2014)
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Filed: 3/20/2014, Entered: None |
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ORDER granting 25 Motion for Extension of Time to File. On or before 3/28/2013, the Parties shall file the necessary papers. Ordered by Magistrate Judge Vera M. Scanlon on 3/20/2014. (Lozar, Ryan)
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| 25 |
Filed: 3/19/2014, Entered: None |
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First MOTION for Extension of Time to File revised set of notice papers by Defendants and by Henryk Krol. (Ambinder, Lloyd) (Entered: 03/19/2014)
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Filed: 3/16/2014, Entered: None |
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STATUS REPORT ORDER: The parties did not timely submit the proposed conditional certification papers. The papers must be submitted by 3/21/2014. Ordered by Magistrate Judge Vera M. Scanlon on 3/16/2014. (Scanlon, Vera)
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Filed: 3/6/2014, Entered: None |
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STATUS REPORT ORDER: Defendants consent to the conditional certification of the collective action as requested by Plaintiff. The parties will submit a joint revised proposed set of notice papers as discussed during the motion hearing by 3/14/2014. Ordered by Magistrate Judge Vera M. Scanlon on 3/6/2014. (Priftakis, Tina)
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Filed: 3/6/2014, Entered: None |
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Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Motion Hearing held on 3/6/2014 re 19 MOTION to Certify Class for conditional certification pursuant to 29 U.S.C. 216(b) filed by Henryk Krol. Appearance by Leonor H. Coyle for Plaintiff Henryk Krol. Appearance by Cory Dworken for Defendant Poler Contracting, Inc., Kevin Minihan and Stanislaw RYS. (Tape #11:20-11:36.) (Priftakis, Tina)
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Filed: 1/23/2014, Entered: None |
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SCHEDULING ORDER: Motion Hearing set for 3/6/2014 11:00 AM in Courtroom 504 North before Magistrate Judge Vera M. Scanlon. Ordered by Magistrate Judge Vera M. Scanlon on 1/23/2014. (Priftakis, Tina)
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| 24 |
Filed: 1/10/2014, Entered: None |
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ORDER dated 1/8/14 re 22 Stipulation to adjourn plaintiff's motion. ( Ordered by Judge Sandra L. Townes on 1/8/2014 ) (Guzzi, Roseann) (Entered: 01/10/2014)
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| 23 |
Filed: 1/9/2014, Entered: None |
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ORDER REFERRING MOTION: 19 MOTION to Certify Class for conditional certification pursuant to 29 U.S.C. 216(b) filed by Henryk Krol. Motion referred to Magistrate Judge Scanlon for determination. ( Ordered by Judge Sandra L. Townes on 12/17/13, Received in dkt 1/9/14 ). Motions referred to Vera M. Scanlon. (Guzzi, Roseann) (Entered: 01/09/2014)
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| 22 |
Filed: 1/3/2014, Entered: None |
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STIPULATION to Adjourn Plaintiff's Motion by Kevin Minihan, Poler Contracting, Inc., Stanislaw RYS (Altschul, Mark) (Entered: 01/03/2014)
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| 21 |
Filed: 12/13/2013, Entered: None |
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MEMORANDUM in Support re 19 MOTION to Certify Class for conditional certification pursuant to 29 U.S.C. 216(b) filed by Henryk Krol. (Coyle, Leonor) (Entered: 12/13/2013)
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| 20 |
Filed: 12/13/2013, Entered: None |
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AFFIDAVIT/DECLARATION in Support re 19 MOTION to Certify Class for conditional certification pursuant to 29 U.S.C. 216(b) filed by Henryk Krol. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Coyle, Leonor) (Entered: 12/13/2013)
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| 19 |
Filed: 12/13/2013, Entered: None |
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MOTION to Certify Class for conditional certification pursuant to 29 U.S.C. 216(b) by Henryk Krol. (Coyle, Leonor) (Entered: 12/13/2013)
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Filed: 12/6/2013, Entered: None |
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SCHEDULING ORDER: Having conferred in person with counsel (see separate minute entry for appearances), the Court ordered as follows: 1) Rule 26(a)(1) disclosures are due on or before 12/13/2013. 2) The maximum number of requests for admission by each party is 25. 3) Any joinder of additional parties or amendment of the pleadings must be initiated on or before 3/21/2014. 4) On or before 5/27/2014, the parties must file a joint status letter of no more than 3 pages describing the status of discovery and any outstanding discovery disputes. 5) A telephone status conference is set for 6/5/2014 at 2:30 P.M. in Courtroom 504 North before Magistrate Judge Vera M. Scanlon. Plaintiff's counsel is to initiate a conference call with counsel then call Chambers at (718) 613-2300 at the designated time. 6) Fact discovery must be completed by 9/30/2014. 7) The parties must file a proposed joint pretrial order by 10/31/2014.8) Plaintiff will file initial motion papers as to the proposed conditional certification of a collective action in accordance with the Individual Rules of the District Judge on or before 12/13/2014.9) If the parties believe that a settlement conference would be helpful, they are directed to submit a letter to the Court indicating three dates on which counsel and parties with full settlement authority would be available to attend a conference. Ordered by Magistrate Judge Vera M. Scanlon on 12/6/2013. (Priftakis, Tina)
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Filed: 12/6/2013, Entered: None |
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Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Telephone Conference held on 12/6/2013. Appearance for the Plaintiff, Henryk Krol, by Allison Genova. Appearance for the Defendants, Poler Contracting, Inc., Kevin Minihan, and Stanislaw RYS, by Cory Dworkin. (Tape #12:35-12:47.) (Priftakis, Tina)
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Filed: 11/22/2013, Entered: None |
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Set/Reset Hearings: The 12:00 PM Telephone Conference scheduled for 12/6/2013 is reset to a later time that same day due to a scheduling conflict. The Telephone Conference is reset for 12:30 PM on 12/6/2013 before Magistrate Judge Vera M. Scanlon. (Priftakis, Tina)
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Filed: 11/18/2013, Entered: None |
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SCHEDULING ORDER: A Telephone Conference is set for 12/6/2013 at 12:00 PM before Magistrate Judge Vera M. Scanlon. Defendants' counsel must call Chambers at 718-613-2300 with all counsel on the line. Ordered by Magistrate Judge Vera M. Scanlon on 11/18/2013. (Priftakis, Tina)
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Filed: 11/18/2013, Entered: None |
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Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Initial Conference Hearing held on 11/18/2013. Appearance for the Plaintiff, Henryk Krol, by Leonor H Coyle. Appearance for the Defendants, Poler Contracting, Inc., Kevin Minihan and Stanislaw RYS, by Mark M. Altschul. (Tape #3:29-3:37.) (Priftakis, Tina)
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| 18 |
Filed: 11/18/2013, Entered: None |
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NOTICE of Appearance by Leonor H Coyle on behalf of Henryk Krol (aty to be noticed) (Coyle, Leonor) (Entered: 11/18/2013)
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| 17 |
Filed: 11/2/2013, Entered: None |
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ORDER. In light of the fact that Defendants have made an appearance in this matter and filed an Answer, Plaintiff at 16 withdrew his motion for default judgment at 11 . Accordingly, the motion hearing set for 11/18/2013 at 3:00 PM is converted to an in-person Initial Conference so that the Court may set a discovery schedule and terms. The Parties shall meet and confer in advance of the conference to complete the attached document. Ordered by Magistrate Judge Vera M. Scanlon on 11/2/2013. (Lozar, Ryan) (Entered: 11/02/2013)
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| 16 |
Filed: 10/31/2013, Entered: None |
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Letter regarding withdrawing default motion by Henryk Krol (Ambinder, Lloyd) (Entered: 10/31/2013)
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Filed: 10/29/2013, Entered: None |
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SCHEDULING ORDER: A Motion Hearing relating to Plaintiff's Motion for Default Judgment at 11 is set for 11/18/2013 at 03:00 PM in Courtroom 504 North before Magistrate Judge Vera M. Scanlon. The Court considers Defendants' filing at 15 to be an opposition to 11 as well as a motion to set aside the entry of default at 10 . On or before 11/1/2013, Plaintiff shall file a status letter with the Court indicating whether he wishes to litigate his default motion further in light of Defendants' appearance, Answer, and the Court's preference, if appropriate on the facts of this case, to resolve litigation on its merits. If Plaintiff withdraws his default judgment motion and does not oppose setting aside the default entry, the Court will convert the Motion Hearing date to an Initial Conference so that discovery may proceed forthwith. Ordered by Magistrate Judge Vera M. Scanlon on 10/29/2013. (Lozar, Ryan)
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| 15 |
Filed: 7/24/2013, Entered: None |
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AFFIDAVIT/DECLARATION in Opposition re 11 MOTION for Default Judgment filed by All Defendants. (Altschul, Mark) (Entered: 07/24/2013)
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| 14 |
Filed: 7/24/2013, Entered: None |
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ANSWER to 1 Complaint by All Defendants. (Altschul, Mark) (Entered: 07/24/2013)
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| 13 |
Filed: 7/18/2013, Entered: None |
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ORDER REFERRING MOTION: 11 MOTION for Default Judgment filed by Henryk Krol. The motion is referred to MJ Scanlon for a report and recommendation. Ordered by Judge Sandra L. Townes on 7/16/2013. Motions referred to Vera M. Scanlon. (Siegfried, Evan) (Entered: 07/18/2013)
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| 12 |
Filed: 6/24/2013, Entered: None |
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AFFIDAVIT/AFFIRMATION re 11 MOTION for Default Judgment by Henryk Krol (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit) (Ambinder, Lloyd) (Entered: 06/24/2013)
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| 11 |
Filed: 6/24/2013, Entered: None |
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MOTION for Default Judgment by Henryk Krol. (Ambinder, Lloyd) (Entered: 06/24/2013)
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| 10 |
Filed: 6/17/2013, Entered: None |
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Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that Defendants Kevin Minihan, Poler Contracting, Inc., Stanislaw RYS have failed to appear or otherwise defend this action, the default of Defendants Kevin Minihan, Poler Contracting, Inc., Stanislaw RYS is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Hamilton, Janet) (Entered: 06/17/2013)
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| 9 |
Filed: 6/17/2013, Entered: None |
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Request for Certificate of Default by Henryk Krol (Attachments: # 1 Affidavit in Support, # 2 certificate of default) (Virginia, Charles) (Entered: 06/17/2013)
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| 8 |
Filed: 6/13/2013, Entered: None |
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Request for Certificate of Default by Henryk Krol (Attachments: # 1 Affidavit in Support, # 2 Clerk's Certificate of Default) (Virginia, Charles) (Entered: 06/13/2013)
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| 7 |
Filed: 3/20/2013, Entered: None |
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SUMMONS Returned Executed by Henryk Krol. Stanislaw RYS served on 3/18/2013, answer due 4/8/2013. (Ambinder, Lloyd) (Entered: 03/20/2013)
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| 6 |
Filed: 3/20/2013, Entered: None |
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SUMMONS Returned Executed by Henryk Krol. Kevin Minihan served on 3/18/2013, answer due 4/8/2013. (Ambinder, Lloyd) (Entered: 03/20/2013)
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| 5 |
Filed: 3/12/2013, Entered: None |
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SUMMONS Returned Executed by Henryk Krol. Poler Contracting, Inc. served on 3/5/2013, answer due 3/26/2013. (Ambinder, Lloyd) (Entered: 03/12/2013)
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| 4 |
Filed: 3/6/2013, Entered: None |
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In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) (Entered: 03/06/2013)
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| 3 |
Filed: 3/6/2013, Entered: None |
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Summons Issued as to Kevin Minihan, Poler Contracting, Inc., Stanislaw RYS. (Davis, Kimberly) (Entered: 03/06/2013)
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| 2 |
Filed: 3/4/2013, Entered: None |
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FILING FEE: $ 350.00, receipt number 4653055746 (Davis, Kimberly) (Entered: 03/06/2013)
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| 1 |
Filed: 3/4/2013, Entered: None |
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COMPLAINT against Kevin Minihan, Poler Contracting, Inc., Stanislaw RYS Disclosure Statement on Civil Cover Sheet completed -No,, filed by Henryk Krol. (Attachments: # 1 Civil Cover Sheet) (Davis, Kimberly) (Entered: 03/06/2013)
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