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Filed: 11/10/2016, Entered: 12/9/2016 |
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Set/Reset Deadlines: Motions due by 12/9/2016. (ama)
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 33 |
Filed: 11/10/2016, Entered: 11/10/2016 |
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ORDER: Accordingly, this action is discontinued without costs to any party and without prejudice to restore the action to this Court's calendar if such an application is made not later than Friday, December 9, 2016. Any application to reopen must be filed by the above date; any application to reopen filed thereafter may be denied solely on that basis. All other dates and deadlines in this matter are ADJOURNED. The Clerk of Court is directed to terminate this action. SO ORDERED. (Signed by Judge Katherine B. Forrest on 11/10/2016) (ama)
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 Request |
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| 32 |
Filed: 11/9/2016, Entered: 11/9/2016 |
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LETTER addressed to Judge Katherine B. Forrest from Eric Dinnocenzo dated 11/09/2016 re: Report Case Settled. Document filed by 588D67A.(Dinnocenzo, Eric)
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Request |
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| 31 |
Filed: 10/27/2016, Entered: 10/27/2016 |
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SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. Motions due by 3/14/2017. Responses due by 4/4/2017 Replies due by 4/11/2017. Fact Discovery due by 2/28/2017. Trial will be before a jury. Telephone Conference set for 1/9/2017 at 01:00 PM before Judge Katherine B. Forrest. Jury Trial set for 5/30/2017 before Judge Katherine B. Forrest. Assuming defendant files a motion to dismiss by 10/21/16 as stated at the IPTC on 10/12/16, plaintiff's opposition is due 11/11/16 and defendant's reply is due 11/22/16. (Signed by Judge Katherine B. Forrest on 10/11/2016) (cla)
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Request |
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| 30 |
Filed: 10/21/2016, Entered: 10/21/2016 |
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AFFIDAVIT of Mark Trigg in Support re: 28 MOTION to Dismiss .. Document filed by Nationwide Life Insurance Company. (Attachments: # 1 Exhibit)(Avello, Brian)
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Request |
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| 29 |
Filed: 10/21/2016, Entered: 10/21/2016 |
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MEMORANDUM OF LAW in Support re: 28 MOTION to Dismiss . . Document filed by Nationwide Life Insurance Company. (Avello, Brian)
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Request |
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| 28 |
Filed: 10/21/2016, Entered: 10/21/2016 |
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MOTION to Dismiss . Document filed by Nationwide Life Insurance Company.(Avello, Brian)
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Request |
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Filed: 10/12/2016, Entered: 10/24/2016 |
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Minute Entry for proceedings held before Judge Katherine B. Forrest: Initial Pretrial Conference held on 10/12/2016. (jp)
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| 27 |
Filed: 10/11/2016, Entered: 10/11/2016 |
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FIRST AMENDED COMPLAINT amending 26 Amended Complaint, against Nationwide Life Insurance Company with JURY DEMAND.Document filed by 588D67A. Related document: 26 Amended Complaint, filed by 588D67A.(Dinnocenzo, Eric)
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Request |
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Filed: 10/11/2016, Entered: 10/11/2016 |
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Eric Dinnocenzo to RE-FILE Document No. 26 Amended Complaint,. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (laq)
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| 26 |
Filed: 10/9/2016, Entered: 10/9/2016 |
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FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - FIRST AMENDED COMPLAINT against 588D67A with JURY DEMAND.Document filed by 588D67A. (Attachments: # 1 Exhibit Notices)(Dinnocenzo, Eric) Modified on 10/11/2016 (laq).
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Request |
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| 25 |
Filed: 10/5/2016, Entered: 10/5/2016 |
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LETTER addressed to Judge Katherine B. Forrest from Christopher C. Coss dated October 5, 2016 re: Subject Matter Jurisdiction. Document filed by Nationwide Life Insurance Company.(Coss, Christopher)
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Request |
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| 24 |
Filed: 10/4/2016, Entered: 10/4/2016 |
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MEMO ENDORSEMENT on re: 22 Letter re: Amended Complaint, filed by 588D67A; denying as moot 19 Motion to Dismiss. ENDORSEMENT: Ordered: The pending motion to dismiss is denied as moot. The Clerk of Court shall terminate the motion at ECF No. 19. Such motion may be renewed as applicable to the amended complaint. Any amended complaint must be filed within 7 days. A renewed/new motion to dismiss shall be filed within 14 days thereafter. There shall be no further opportunities to amend the pleadings. (Signed by Judge Katherine B. Forrest on 10/4/2016) (cla)
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Request |
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| 23 |
Filed: 10/3/2016, Entered: 10/3/2016 |
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RULE 26(f) DISCOVERY PLAN REPORT.Document filed by 588D67A.(Dinnocenzo, Eric)
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Request |
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| 22 |
Filed: 9/30/2016, Entered: 9/30/2016 |
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LETTER addressed to Judge Katherine B. Forrest from Eric Dinnocenzo dated September 30, 2016 re: Amended Complaint. Document filed by 588D67A.(Dinnocenzo, Eric)
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Request |
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| 21 |
Filed: 9/29/2016, Entered: 9/29/2016 |
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ORDER: If plaintiff chooses to amend to try and cure the deficiencies alleged herein they shall have a single opportunity to do. Plaintiff shall inform the court not later than Oct. 5, 2016, if he chooses to amend with any proposed amendment to follow not later than Oct. 12, 2016. (Signed by Judge Katherine B. Forrest on 9/29/2016) (cf)
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Request |
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| 20 |
Filed: 9/23/2016, Entered: 9/23/2016 |
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MEMORANDUM OF LAW in Support re: 19 MOTION to Dismiss . . Document filed by Nationwide Life Insurance Company. (Coss, Christopher)
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Request |
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| 19 |
Filed: 9/23/2016, Entered: 9/23/2016 |
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MOTION to Dismiss . Document filed by Nationwide Life Insurance Company.(Coss, Christopher)
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Request |
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| 18 |
Filed: 9/23/2016, Entered: 9/23/2016 |
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FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 19 Motion) - MOTION to Dismiss and Supporting Memorandum of Law. Document filed by Nationwide Life Insurance Company. Responses due by 10/7/2016(Coss, Christopher) Modified on 9/26/2016 (db).
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Request |
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| 17 |
Filed: 9/21/2016, Entered: 9/21/2016 |
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NOTICE OF APPEARANCE by Eric John Dinnocenzo on behalf of 588D67A. (Dinnocenzo, Eric)
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Request |
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| 16 |
Filed: 9/6/2016, Entered: 9/6/2016 |
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MEMO ENDORSEMENT on re: 15 Letter filed by Nationwide Life Insurance Company. ENDORSEMENT: The IPTC is hereby adjourned to October 12, 2016 at 1:30 p.m., ( Initial Conference set for 10/12/2016 at 01:30 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 9/6/2016) (lmb)
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Request |
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| 15 |
Filed: 9/6/2016, Entered: 9/6/2016 |
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LETTER addressed to Judge Katherine B. Forrest from Christopher C. Coss dated September 6, 2016 re: Request for Adjournment of Initial Pre-Trial Conference. Document filed by Nationwide Life Insurance Company.(Coss, Christopher)
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Request |
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| 14 |
Filed: 9/2/2016, Entered: 9/2/2016 |
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NOTICE OF APPEARANCE by Christopher C. Coss on behalf of Nationwide Life Insurance Company. (Coss, Christopher)
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Request |
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| 13 |
Filed: 8/30/2016, Entered: 8/30/2016 |
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ORDER FOR ADMISSION PRO HAC VICE granting 12 Motion for Christopher C. Coss to Appear Pro Hac Vice. (Signed by Judge Katherine B. Forrest on 8/30/2016) (rjm)
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Request |
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Filed: 8/29/2016, Entered: 8/29/2016 |
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 12 MOTION for Christopher C. Coss to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12700943. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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| 12 |
Filed: 8/29/2016, Entered: 8/29/2016 |
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MOTION for Christopher C. Coss to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12700943. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Nationwide Life Insurance Company. (Attachments: # 1 Exhibit Ex. A - C. Coss Certificate of Good Standing, # 2 Text of Proposed Order Proposed Order on Pro Hac Vice Motion)(Avello, Brian)
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Request |
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| 11 |
Filed: 8/24/2016, Entered: 8/24/2016 |
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MEMO ENDORSEMENT on re: 10 LETTER addressed to Judge Katherine B. Forrest from Jack A. Gordon dated August 22, 2016 re: Adjournment Request. Document filed by Nationwide Life Insurance Company. ENDORSEMENT: So ordered. Nationwide Life Insurance Company answer due 9/23/2016. (Signed by Judge Katherine B. Forrest on 8/24/2016) (rjm)
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Request |
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| 10 |
Filed: 8/22/2016, Entered: 8/22/2016 |
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LETTER addressed to Judge Katherine B. Forrest from Jack A. Gordon dated August 22, 2016 re: Adjournment Request. Document filed by Nationwide Life Insurance Company.(Gordon, Jack)
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Request |
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| 9 |
Filed: 8/19/2016, Entered: 8/19/2016 |
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ORDER: It is hereby ORDERED that: 1. Lead counsel for all parties shall appear for an initial pretrial conference ("IPTC") on Friday, October 7, 2016, at 11:30 a.m. as further set forth in this Order. Initial Conference set for 10/7/2016 at 11:30 AM before Judge Katherine B. Forrest. (Signed by Judge Katherine B. Forrest on 8/19/2016) (lmb)
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Request |
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| 8 |
Filed: 8/18/2016, Entered: 8/18/2016 |
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AMENDED NOTICE OF REMOVAL against Nationwide Life Insurance Company; amending 7 Notice of Removal.Document filed by Nationwide Life Insurance Company. Related document: 7 Notice of Removal filed by Nationwide Life Insurance Company. (Attachments: # 1 Exhibit Ex. A, # 2 Exhibit Ex. B)(Gordon, Jack)
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Request |
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| 7 |
Filed: 8/18/2016, Entered: 8/18/2016 |
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NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: 653632-2016..Document filed by Nationwide Life Insurance Company.(Gordon, Jack)
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Request |
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Filed: 8/18/2016, Entered: 8/18/2016 |
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Case Designated ECF. (pc)
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Filed: 8/18/2016, Entered: 8/18/2016 |
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Magistrate Judge Gabriel W. Gorenstein is so designated. (pc)
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Filed: 8/18/2016, Entered: 8/18/2016 |
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine B. Forrest. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php. (pc)
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Filed: 8/18/2016, Entered: 8/18/2016 |
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Brian Christopher Avello to RE-FILE Document No. 4 Amended Notice of Removal,. The filing is deficient for the following reason(s): the pleading was not signed by the attorney who filed it. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc)
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Filed: 8/18/2016, Entered: 8/18/2016 |
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Brian Christopher Avello to RE-FILE Document No. 1 Notice of Removal,. The filing is deficient for the following reason(s): the pleading was not signed by the attorney who filed it. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc)
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Filed: 8/18/2016, Entered: 8/18/2016 |
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***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Brian Christopher Avello. The following case opening statistical information was erroneously selected/entered: Cause of Action code 05:8705; Dollar Demand $250,000,000; County code Albany. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1332; the Dollar Demand has been modified to blank; the County code has been modified to New York. (pc)
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Filed: 8/18/2016, Entered: 8/18/2016 |
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Brian Christopher Avello. The party information for the following party/parties has been modified: 588D67A, Nationwide Life Insurance Company. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly. (pc)
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| 6 |
Filed: 8/17/2016, Entered: 8/17/2016 |
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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Nationwide Financial Services, INC. for Nationwide Life Insurance Company. Document filed by Nationwide Life Insurance Company.(Avello, Brian)
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Request |
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| 5 |
Filed: 8/17/2016, Entered: 8/17/2016 |
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NOTICE OF APPEARANCE by Jack A. Gordon on behalf of Nationwide Life Insurance Company. (Gordon, Jack)
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Request |
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| 4 |
Filed: 8/17/2016, Entered: 8/17/2016 |
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FILING ERROR - DEFICIENT PLEADING - SIGNATURE ERROR - AMENDED NOTICE OF REMOVAL against Nationwide Life Insurance Company; amending 1 Notice of Removal.Document filed by Nationwide Life Insurance Company. Related document: 1 Notice of Removal filed by Nationwide Life Insurance Company. (Attachments: # 1 Exhibit Ex. A, # 2 Exhibit Ex. B)(Avello, Brian) Modified on 8/18/2016 (pc).
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Request |
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| 3 |
Filed: 8/17/2016, Entered: 8/17/2016 |
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NOTICE OF APPEARANCE by Brian Christopher Avello on behalf of Nationwide Life Insurance Company. (Avello, Brian)
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Request |
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| 2 |
Filed: 8/17/2016, Entered: 8/17/2016 |
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CIVIL COVER SHEET filed. (Avello, Brian)
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Request |
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| 1 |
Filed: 8/17/2016, Entered: 8/17/2016 |
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FILING ERROR - DEFICIENT PLEADING - SIGNATURE ERROR - NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: 653632/2016. (Filing Fee $ 400.00, Receipt Number 0208-12660154).Document filed by Nationwide Life Insurance Company.(Avello, Brian) Modified on 8/18/2016 (pc).
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