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 30 |
Filed: 4/5/2018, Entered: 4/5/2018 |
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STIPULATION & ORDER of DISMISSAL w/ prejudice pursuant to FRCP Rule 41(a)(2); Signed by Sr. District Judge Thomas J. McAvoy dtd 4/05/2018 (cml)
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| 29 |
Filed: 4/4/2018, Entered: 4/4/2018 |
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STIPULATION of Dismissal of all claims by Vulto Creamery LLC submitted to Judge Thomas J. McAvoy. (Habeeb, Faizan)
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Request |
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Filed: 3/28/2018, Entered: 3/28/2018 |
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TEXT ONLY NOTICE advising counsel that Sr. Judge McAvoy declines to enter parties' proposed 28 Stipulation/Dismissal as such fails to comply with the infancy / incompetency language requirement set forth in NDNY Local Rule 41.3. Plaintiffs counsel is directed to re-submit proposed stipulation w/in the next 5 days for Sr. Judge McAvoys consideration. (cml)
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| 28 |
Filed: 3/27/2018, Entered: 3/27/2018 |
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STIPULATION of Dismissal of All Claims by Vulto Creamery LLC submitted to Judge Thomas J. McAvoy. (Habeeb, Faizan)
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Request |
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| 27 |
Filed: 3/27/2018, Entered: 3/27/2018 |
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TEXT ORDER : The parties are directed to either file a stipulation of dismissal or a status report in this action on or before 4/3/2018. Authorized by Magistrate Judge David E. Peebles on 3/27/2018. (sal )
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Filed: 3/6/2018, Entered: 3/6/2018 |
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Magistrate Judge Peebles Chambers received a call today from counsel advising that they appear to have resolved their differences and the telephone conference set for today is no longer necessary. A stipulation of dismissal with be forthcoming. Case will be tracked. (sal )
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| 26 |
Filed: 3/5/2018, Entered: 3/5/2018 |
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TEXT ORDER : A Telephone Conference is set for 3/6/2018 at 2:00 PM before Magistrate Judge David E. Peebles to discuss the language of the settlement agreement between the parties. Attorney Nunes is directed to initiate the call to Chambers, which can be reached at (315) 234-8620. Authorized by Magistrate Judge David E. Peebles on 3/5/2018. (sal )
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Filed: 2/21/2018, Entered: 2/22/2018 |
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TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 2/21/2018. Parties have reached an agreement to resolve all five related matters. Parties are working on the details of the settlement agreement. A stipulation of dismissal is anticipated to be filed on or before 3/9/2018. Case will be tracked. APP: Paul Nunes, Esq., William Marler, Esq.. Faizan Habeeb, Esq.. (sal)
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| 25 |
Filed: 2/13/2018, Entered: 2/13/2018 |
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TEXT ORDER granting 24 Letter Request. A Telephone Conference set for 2/21/2018 at 4:00 PM before Magistrate Judge David E. Peebles. Plaintiff's counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620. Authorized by Magistrate Judge David E. Peebles on 2/13/2018. (sal )
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| 24 |
Filed: 2/9/2018, Entered: 2/9/2018 |
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Letter Motion from Plaintiffs' counsel requesting proposed status settlement conference for Veronica Friedman, C2D5E71, Kristine Walsh requesting Status Conference Regarding Settlement submitted to Judge Magistrate Judge Peebles . (Nunes, Paul)
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Request |
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| 23 |
Filed: 1/4/2018, Entered: 1/4/2018 |
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TEXT ORDER : Based upon the ongoing settlement negotiations in this matter, the status telephone conference set for 1/9/2018 at 3:00 PM is adjourned without date. The deadlines in this action remain stayed and a joint Status Report remains due to be filed on or before 2/28/2018. Authorized by Magistrate Judge David E. Peebles on 1/4/2018. (sal)
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| 22 |
Filed: 12/28/2017, Entered: 12/28/2017 |
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TEXT ORDER : Based upon the 21 Status Report, the remaining deadlines in this action are STAYED. Parties are directed to file a joint Status Report on or before 2/28/2018. Authorized by Magistrate Judge David E. Peebles on 12/28/2017. (sal )
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| 21 |
Filed: 12/22/2017, Entered: 12/22/2017 |
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STATUS REPORT by Veronica Friedman. (Marler, William)
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Request |
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| 20 |
Filed: 9/7/2017, Entered: 9/7/2017 |
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AMENDED UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of jury trial: 5 days. Preferred Trial Location: Syracuse. Joinder of Parties due by 11/17/2017. Amended Pleadings due by 11/17/2017. Deadline for Completion of Mandatory Mediation is set for 12/31/2017. Completion of all Discovery due by 2/28/2018. Dispositive Motions must be filed by 3/30/2018. Trial Ready Deadline is 8/6/2018. Jury Trial set for 9/11/2018 at 10:00 AM in Albany before Senior Judge Thomas J. McAvoy. *PLEASE SEE ADDENDUM REGARDING REQUESTS FOR EXTENSIONS OF TIME* Signed by Magistrate Judge David E. Peebles on 9/7/2017. (Attachments: # 1 Addendum). (sal)
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Request |
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| 19 |
Filed: 9/7/2017, Entered: 9/7/2017 |
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TEXT ORDER : During a telephone conference conducted before the court on September 6, 2017, the issue of consolidation of this action and the two related actions 3:17-CV-738, Walsh v. Vulto Creamery, LLC, et al., and 3:17-CV-739, 0EEDBED or C2D5E71, et al. v. Vulto Creamery LLC, et al. was discussed, and the parties agreed that the interests of economy and avoidance of unnecessary duplication of effort and litigation expense would be best served by consolidation of these three actions. It is therefore hereby ORDERED, that these three actions be and hereby are consolidated with the first filed action (Civil Action No. 3:17-CV-283) being designated as the lead case and the actions subsequently commenced (Civil Action No. 3:17-CV-738 and 3:17-CV-739) being designated as the member cases, pursuant to Rule 42(a) of the Federal Rules of Civil Procedure, solely for purposes of pretrial proceedings, without prejudice to the right of one or both parties to later apply to the assigned trial judge for an order consolidating the cases for trial; and it is further ORDERED, that ALL DOCUMENTS MUST BE FILED IN THE LEAD ACTION, 3:17-CV-283, Friedman v. Vulto Creamery LLC, et al., ONLY. Authorized by Magistrate Judge David E. Peebles on 9/7/2017. (sal)
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Filed: 9/7/2017, Entered: 9/7/2017 |
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Set Hearings: A Telephone Conference is set for 1/9/2018 at 3:00 PM before Magistrate Judge David E. Peebles. Plaintiff's counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620. (sal)
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Filed: 9/7/2017, Entered: 9/7/2017 |
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TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 9/7/2017. Magistrate Judge Peebles discusses the status of this action with counsel, as well as the other two recently filed related actions 3:17-cv-738, Walsh v. Vulto Creamery, LLC, et al., and 3:17-cv-739, C2D5E71 or 0EEDBED, et al. v. Vulto Creamery LLC, et al.. The parties consent to all three cases being consolidated with this action, 3:17-cv-283, Friedman v. Vulto Creamery LLC, et al., designated as the lead case while 3:17-cv-738, Walsh v. Vulto Creamery, LLC, et al., and 3:17-cv-739, C2D5E71 or 0EEDBED, et al. v. Vulto Creamery LLC, et al., are designated as member cases. A text order consolidating these actions will be issued shortly. The following amended schedule is put in place: Joinder and amendment deadlines are set for 11/17/2017. Plaintiff's expert disclosure is due by 11/15/2017. Defendants' expert disclosure is due by 12/1/2017. Deadline for completion of Mandatory Mediation is set for 12/31/2017. Rebuttal expert reports are due by 1/15/2018. Completion of all discovery is due by 2/28/2017. Dispositive motions must be filed on or before 3/30/2018. Trial ready deadline is set for 8/6/2018. Jury trial is set for 9/11/2018 at 10:00 AM in Albany before Senior District Judge Thomas J. McAvoy. Next telephone conference is set for 1/9/2018 at 3:00 PM. Plaintiff's counsel is directed to initiate the call to Chambers. APP: Paul Nunes, Esq., William Marler, Esq.. and Faizan Habeeb, Esq.. (sal)
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| 18 |
Filed: 7/7/2017, Entered: 7/7/2017 |
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STIPULATION SELECTING MEDIATOR: IT IS HEREBY STIPULATED AND AGREED that Mr. Gus Di Bianco has been selected, contacted and has agreed to serve as Mediator for this action. IT IS FURTHER STIPULATED AND AGREED, that counsel will participate in the mediation session in good faith and confer with the Mediator regarding the scheduling of additional conferences, bearing in mind the deadline for completion of Mediation set forth in the Court's Order Referring the Case to Mediation. Stipulation signed by: Paul V. Nunes and Faizan T. Habeeb. Dated: July 7, 2017(Habeeb, Faizan)
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| 17 |
Filed: 7/6/2017, Entered: 7/6/2017 |
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TEXT ORDER Regarding Selection of the Mediator: The deadline for the parties to file the Stipulation Selecting a Mediator has expired. The Court hereby extends the deadline to select a mediator to July 14, 2017. If a stipulation selecting a mediator is not filed by Friday, July 14, 2017, the Court shall select a Mediator pursuant to General Order 47, Section 5.4(C)(2), from the Court's Mediator listing and shall issue a text notice notifying the parties of the Mediator's identity. Any questions regarding selection of a mediator should be directed to: Nicole Eallonardo, ADR Administrator, at 315-234-8563. Authorized by Magistrate Judge David E. Peebles on 7/6/2017. (nmk)
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Filed: 6/5/2017, Entered: 6/5/2017 |
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Set Hearings: A Telephone Conference is set for 9/6/2017 at 3:00 PM before Magistrate Judge David E. Peebles. Plaintiff's counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620. (sal )
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| 16 |
Filed: 6/2/2017, Entered: 6/2/2017 |
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ORDER REFERRING CASE to Mandatory Mediation. Deadline for Mediator Selection is 6/30/2017. Deadline for completion of Mandatory Mediation is 12/31/2017. Signed by Magistrate Judge David E. Peebles on 6/2/2017. (amt)
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Request |
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| 15 |
Filed: 6/2/2017, Entered: 6/2/2017 |
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UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 5 days. Preferred Trial Location: Syracuse. Joinder of Parties / Amended Pleadings due by 9/30/2017. Discovery due by 12/31/2017. Motions to be filed by 2/28/2018. Trial Ready Deadline is 6/1/2018. Jury Trial set for 6/12/2018 at 10:00 AM in Albany before Senior Judge Thomas J. McAvoy. Signed by Magistrate Judge David E. Peebles on 6/2/2017. (amt)
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Request |
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Filed: 6/2/2017, Entered: 6/2/2017 |
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Minute Entry for proceedings held before Magistrate Judge David E. Peebles; Initial Rule 16 Pretrial Conference held on 6/2/2017; App: P. Nunes, Esq., for Pltf; W. Marler, Esq., for Pltf - by telephone; K. Lager, Esq., for Deft; Pltf indicates there may be a need to join additional parties to the action; Pretrial deadlines are discussed and set; Pretrial order to be issued; Telephone Conference set for 9/6/2017 at 03:00 PM before Magistrate Judge David E. Peebles. Plaintiff's attorney is directed to place the conference call. (amt)
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| 14 |
Filed: 5/30/2017, Entered: 5/30/2017 |
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CIVIL CASE MANAGEMENT PLAN by Veronica Friedman. (Nunes, Paul)
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Request |
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Filed: 5/30/2017, Entered: 5/30/2017 |
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The parties are reminded that a Civil Case Management Plan was due to filed on or before 5/26/2017. To date, this document has not yet been filed with the court and is needed in preparation of the in person Rule 16 Conference set for 6/2/2017 at 12:00 PM in Binghamton before Magistrate Judge David E. Peebles. (sal )
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Filed: 5/4/2017, Entered: 5/4/2017 |
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Reset Deadlines/Hearings: Due to a conflict with Magistrate Judge Peebles' schedule, the IN PERSON Initial Conference set for 6/16/2017 at 12:00 PM is rescheduled for 6/2/2017 at 12:00 PM at the U.S. Courthouse in Binghamton before Magistrate Judge David E. Peebles. (Parties have already confirmed this date and time). The Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 5/26/2017. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (sal)
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| 13 |
Filed: 4/21/2017, Entered: 4/21/2017 |
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NOTICE of Appearance by James M. Skelly on behalf of Vulto Creamery LLC (Skelly, James)
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Request |
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| 12 |
Filed: 4/21/2017, Entered: 4/21/2017 |
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ANSWER to 1 Complaint by Vulto Creamery LLC.(Skelly, James)
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Request |
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| 11 |
Filed: 4/18/2017, Entered: 4/18/2017 |
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AFFIDAVIT of Service for Summons and Complaint Due Diligence on 3511 Dunk Hill Road, Walton, NY 13856 served on None on 3/25/17, filed by Veronica Friedman. (Nunes, Paul)
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Request |
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| 10 |
Filed: 4/18/2017, Entered: 4/18/2017 |
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AFFIDAVIT of Service for Summons and Complaint Due Dligence on 44 West Street, Walton, NY 13856 served on None on 3/22/17, filed by Veronica Friedman. (Nunes, Paul)
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Request |
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Filed: 4/10/2017, Entered: 4/10/2017 |
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***Answer due date updated for Vulto Creamery LLC answer due 4/25/2017. (sfp, )
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| 9 |
Filed: 4/10/2017, Entered: 4/10/2017 |
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AFFIDAVIT of Service for Summons in a Civil Action; Complaint and Jury Demand served on Corporation, Iskander Vulto son/authorized on 4/4/2017, filed by Veronica Friedman. (Nunes, Paul)
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Request |
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| 8 |
Filed: 3/28/2017, Entered: 3/28/2017 |
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TEXT ORDER granting 7 Motion for Limited Admission Pro Hac Vice of William D. Marler, Esq. for plaintiff Veronica Friedman. Authorized by Magistrate Judge David E. Peebles on 3/28/2017. (sal )
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| 7 |
Filed: 3/27/2017, Entered: 3/27/2017 |
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MOTION for Limited Admission Pro Hac Vice of William D. Marler Filing fee $100, receipt number 0206-3966691. filed by Veronica Friedman. (Attachments: # 1 Affidavit Paul V. Nunes in support of Pro Hac Vice, # 2 Affidavit of William Marler in support of Pro Hac Vice, # 3 Exhibit(s) Certificates of Good Standing) Motions referred to David E. Peebles. (Nunes, Paul) (Additional attachment(s) added on 3/28/2017: # 4 E-Filing Registration Form, Oath Card, Proposed Order) (sfp, ).
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Request |
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| 6 |
Filed: 3/16/2017, Entered: 3/16/2017 |
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AMENDED NOTICE of Appearance by Paul V. Nunes on behalf of Veronica Friedman (Nunes, Paul) Modified on 3/17/2017 (sfp, ).
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Request |
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| 5 |
Filed: 3/16/2017, Entered: 3/16/2017 |
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NOTICE of Appearance by Paul V. Nunes on behalf of Veronica Friedman (Nunes, Paul)
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Request |
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Filed: 3/13/2017, Entered: 3/13/2017 |
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TEXT NOTICE: Although the plaintiff herein has named John Does 1-3 in the Complaint, the Clerk's Office will not issue summonses for service of process on a "John Doe" defendant at this time. In the event plaintiff wishes to pursue the claims against these defendants, plaintiff shall take reasonable steps to ascertain their identities. When plaintiff determines the identity of the "John Doe" defendants, plaintiff may seek to amend the pleading to add the properly named defendants pursuant to FED.R.CIV.P.15 and summons will be issued at that time. (sfp, )
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| 4 |
Filed: 3/13/2017, Entered: 3/13/2017 |
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NOTICE of Admission Requirement as to Party Plaintiff; Attorney Paul V. Nunes, Email address is pnunes@undergkessler.com. Phone number is (585) 258-2800. Attorney William D. Marler, Email address is bmarler@marlerclark.com Phone number is (866) 770-2032. Admissions due by 3/27/2017. [Served by mail.](sfp, )
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Request |
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| 3 |
Filed: 3/13/2017, Entered: 3/13/2017 |
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G.O. 25 FILING ORDER ISSUED: Rule 16 Initial Conference set for 6/16/2017 at 12:00 PM in Binghamton before Magistrate Judge David E. Peebles. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 6/9/2017. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (sfp, )
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Request |
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| 2 |
Filed: 3/13/2017, Entered: 3/13/2017 |
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Summons Issued as to Vulto Creamery LLC. (sfp, )
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Request |
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| 1 |
Filed: 3/10/2017, Entered: 3/13/2017 |
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COMPLAINT against John Does 1-3, Vulto Creamery LLC (Filing fee $400 receipt number 3951445) filed by Veronica Friedman. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(sfp, )
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Request |
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