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84 |
Filed: 6/15/2009, Entered: None |
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MEMO ENDORSEMENT on re: 82 MOTION to Alter Judgment re: 73 Stipulation and Order filed by NCO Financial Systems, Inc.ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge William H. Pauley, III on 6/15/2009) (tve) (Entered: 06/16/2009)
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Request |
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83 |
Filed: 6/8/2009, Entered: None |
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ORDER: Accordingly, pursuant to the express terms of the Injunction, and based on the parties' consent, the Injunction is hereby dissolved. (Signed by Judge Richard J. Sullivan on 6/8/2009) (jfe) (Entered: 06/08/2009)
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Request |
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82 |
Filed: 6/5/2009, Entered: None |
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MOTION to Alter Judgment re: 73 Stipulation and Order. Document filed by NCO Financial Systems, Inc..(mbe) (Entered: 06/05/2009)
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Request |
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81 |
Filed: 6/3/2009, Entered: None |
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FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - CONSENT MOTION to Alter Judgment. Document filed by NCO Financial Systems, Inc. (McHugh, Kevin) Modified on 6/4/2009 (jar). (Entered: 06/03/2009)
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Request |
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80 |
Filed: 12/22/2008, Entered: None |
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ORDER: The Court conducted a telephone conference in this matter on December 18, 2008 in which counsel for all parties participated. For the reasons stated on the record, and with Defendant's consent, the first sentence of paragraph 5 of the February 19, 2008 Stipulation And Order For Permanent Injunction (Doc. No. 73) shall be amended to read as follows: Each month after the Stipulated Injunction is entered for a period of 1 year, counsel for NCO shall issue a letter to Class Counsel identifying all lawsuits against NCO during that month alleging the same claims being settled in this matter, whether those claims are initiated by individual plaintiffs or a proposed class of plaintiffs All other terms of the Stipulation And Order For Permanent Injunction remain intact as they appear in the February 19, 2008 Order. (Signed by Judge Richard J. Sullivan on 12/19/08) (js) (Entered: 12/22/2008)
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Request |
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79 |
Filed: 12/16/2008, Entered: None |
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ORDER The Court is in receipt of Plaintiffs' December 8, 2008 letter, and Defendant's December 12, 2008 response. The Court will conduct a telephone conference in this matter on December 18, 2008 at 4:30 p.m. Counsel for all parties are directed to gather on one conference line and call chambers at (212) 805-0264 when all are present. SO ORDERED. Telephone Conference set for 12/18/2008 at 04:30 PM before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 12/15/2008) (jmi) (Entered: 12/16/2008)
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Request |
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78 |
Filed: 12/8/2008, Entered: None |
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FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT -AMENDED MOTION to Enforce Judgment re: 73 Stipulation and Order, 71 Order on Motion to Approve, AMENDED MOTION for Sanctions as to Defendant NCO Financial Systems, Inc. for Its Continuing Violations of the Court-Ordered Injunction(LETTER). Document filed by Paul S. Foti, Zovinar Ashjian, Chris Zebro.(Arleo, Robert) Modified on 12/9/2008 (KA). (Entered: 12/08/2008)
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Request |
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77 |
Filed: 12/8/2008, Entered: None |
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FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION to Enforce Judgment re: 73 Stipulation and Order, 71 Order on Motion to Approve, MOTION for Sanctions as to Defendant NCO Financial Systems, Inc. for its Continuing Violations of Court-Ordered Injunction(LETTER). Document filed by Paul S. Foti, Zovinar Ashjian, Chris Zebro.(Arleo, Robert) Modified on 12/9/2008 (KA). (Entered: 12/08/2008)
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Request |
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74 |
Filed: 2/27/2008, Entered: None |
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ORDER to file his proposed order referenced in paragraph 9 of the Proposed Final Order and Judgment, addressing the disbursement of attorney's fees, costs, and expenses, FORTHWITH. SO ORDERED. (Signed by Judge Richard J. Sullivan on 1/25/2008) (jmi) (Entered: 02/29/2008)
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Request |
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73 |
Filed: 2/20/2008, Entered: None |
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STIPULATION AND ORDER FOR PERMANENT INJUNCTION: For the purposes of this Stipulation and Order for Permanent Injunction, the definitions further set forth in this Order shall apply. (Signed by Judge Richard J. Sullivan on 2/19/08) (tro) (Entered: 02/20/2008)
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Request |
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72 |
Filed: 2/20/2008, Entered: None |
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STIPULATION WITHDRAWING ATTORNEYS' FEES DISPUTE AND AGREEMENT REGARDING ATTORNEYS' FEES, COSTS, AND EXPENSES: Arleo and the Cohens agree to fully withdraw their fee dispute consideration before both Magistrate Judge Freeman and Hon. Richard J. Sullivan, U.S.D.J. pursuant to the terms set forth herein. (Signed by Judge Richard J. Sullivan on 2/19/08) (tro) (Entered: 02/20/2008)
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Request |
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71 |
Filed: 2/20/2008, Entered: None |
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MEMORANDUM AND ORDER granting 34 Motion to Approve class certification. For the reasons set forth herein, the Court (1) grants class certification to the settling plaintiffs, (2) approves the settlement, (3) awards attorneys' fees in the amount of $137,000, and (4) approves incentive payments to lead plaintiffs. The Court finds that the amount of attorneys' fees is reasonable. For the reasons stated in this opinion and at the Fairness Hearing, the Court approves the $137,000 agreed-upon amount of attorneys' fees, costs, and expenses. This lawsuit is hereby dismissed with prejudice in all respects, except for issues relating to the disbursement of the $137,000 in attorneys' fees, costs, and expenses. (Signed by Judge Richard J. Sullivan on 2/19/08) (tro) (Entered: 02/20/2008)
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70 |
Filed: 2/19/2008, Entered: None |
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TRANSCRIPT of proceedings held on 1/16/08 before Judge Richard J. Sullivan. (jbe) (Entered: 02/19/2008)
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Request |
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69 |
Filed: 1/17/2008, Entered: None |
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REPORT AND RECOMMENDATIONS, I recommend that counsel be awarded fees and costs as follows: The Cohens a total of $78,393.65; Arleo the total of $8,896.65. This would warrant payment by defendant of a total of only $87,290.30 for plaintiffs' attorneys' fees and expenses. Should the Court find, however, that the proposed attorneys' fee award is fair in the context of the overall settlement, then I would recommend, in the alternative, that the fees incurred to date by each counsel be increased pro rata (by a multiplier that calculates to approximately 1.44), as follows: The Cohens a total of $112,185.00 and Arleo a total of $12,815.00. This would bring the total payment by Defendant to $125,000, the amount negotiated by the parties. Objections to R&R due by 1/30/2008 (Signed by Magistrate Judge Debra C. Freeman on 1/15/08) copies sent by chambers.(cd) (Entered: 01/17/2008)
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Request |
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68 |
Filed: 1/15/2008, Entered: None |
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TRANSCRIPT of proceedings held on 11/16/07 at 4:00 p.m. before Judge Richard J. Sullivan. (js) (Entered: 01/15/2008)
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Request |
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67 |
Filed: 12/19/2007, Entered: None |
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ENDORSED LETTER addressed to Judge Richard J. Sullivan from Michael M. Cohen dated 12/11/2007 re: During a conference regarding the attorney fee dispute between my brother Yitzchak, myself, and Robert Arleo, Judge Karas allayed certain concerns we had by assuring us that he would withhold final approval of the settlement pending a resolution of our fees dispute. ENDORSEMENT: As noted previously, the Court has preliminary approved the class settlement in this matter. Accordingly, the court will take no further action in this matter until after the fairness hearing, scheduled for January 16, 2008 at 10am. (Signed by Judge Richard J. Sullivan on 12/19/2007) (jmi) (Entered: 12/20/2007)
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Request |
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66 |
Filed: 12/10/2007, Entered: None |
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ORDER OF PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT: the claims in Counts 1 and 3 were settled on an individual basis and are hereby dismissed with prejudice. Pursuant to FRCP 23(b)(2), the lawsuit is hereby preliminarily certified for settlement purposes only, as a class action on behalf of the parties listed within this order with respect to Count 2. Fairness Hearing set for 1/16/2008 at 10:00 AM in Courtroom 21C, 500 Pearl Street, New York, NY 10007 before Judge Richard J. Sullivan. (Signed by Judge Richard J. Sullivan on 12/5/07) (kco) (Entered: 12/17/2007)
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Request |
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65 |
Filed: 12/11/2007, Entered: None |
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ENDORSED LETTER addressed to Judge Richard J. Sullivan from Robert L. Arleo dated 12/5/2007 re: Counsel for plaintiff respectfully request that Your Honor grant final approval to the class settlement agreement and decline to resolve the attorney fee dispute. ENDORSEMENT: Prior to receipt of this letter, the Court preliminarily approved the settlement in this matter. Accordingly, the Court will take no further action until class members have had an opportunity to be heard at the fairness hearing, scheduled for January 16, 2008 at 10am. The request to sever the attorneys fee dispute from the final settlement in this matter will be considered at that time. SO ORDERED. (Signed by Judge Richard J. Sullivan on 12/7/2007) (jmi) (Entered: 12/12/2007)
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Request |
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64 |
Filed: 11/21/2007, Entered: None |
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ENDORSED LETTER addressed to Judge Richard J. Sullivan from John Roddy dated 11/7/07 re: counsel for intervenor plaintiff requests to withdraw the Motion to Intervene. ENDORSEMENT: So Ordered. (Signed by Judge Richard J. Sullivan on 11/16/07) (dle) (Entered: 11/26/2007)
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Request |
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63 |
Filed: 11/7/2007, Entered: None |
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ENDORSED LETTER addressed to Judge Richard J. Sullivan from Richard J. Sullivan dated 11/1/07 re: counsel for Public Citizen as amicus curiae in this case request a two-day extension of the 11/5/07 deadline set by this Court for submitting a pre-motion letter expressing Public Citizen's position on the parties proposed revised settlement. ENDORSEMENT: pre-motion letter due Tuesday, November 13, 2007. (Signed by Judge Richard J. Sullivan on 11/5/07) (pl) (Entered: 11/07/2007)
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Request |
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62 |
Filed: 10/31/2007, Entered: None |
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FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - SECOND MEMORANDUM OF LAW in Support re: 34 MOTION to Approve approval of the proposed class actio settlement;. Motion and Incorporated Memorandum for Preliminary Approval of Second Amended Class Action Settlement Agreement. Document filed by Paul S. Foti, Zovinar Ashjian, Chris Zebro. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6)(Arleo, Robert) Modified on 11/6/2007 (KA). (Entered: 10/31/2007)
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Request |
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61 |
Filed: 10/23/2007, Entered: None |
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ORDER that Public Citizen is hereby notified that subsequent to the filing of the defendant's revised papers on 10/30/07, if Public Citizen still wishes to file an amicus brief, they should submit a pre motion letter of no more than 3 pages setting forth their proposed arguments and whether they request oral argument, re Individual rule 2A, no later than 11/5/07. Any motions for extension of time will be entertained at that time. (Signed by Judge Richard J. Sullivan on 10/9/07) (cd) (Entered: 10/24/2007)
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Request |
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60 |
Filed: 10/23/2007, Entered: None |
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ORDER Defendant shall submit its revised papers by October 30, 2007. Defendant shall also serve a copy of its papers on Public Citizen Litigation Group. Oral Argument set for 11/8/2007 at 10:00 AM in Courtroom 21C, 500 Pearl Street, New York, NY 10007 before Judge Richard J. Sullivan. (Signed by Judge Richard J. Sullivan on 10/9/2007) (jmi) (Entered: 10/23/2007)
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Request |
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59 |
Filed: 10/4/2007, Entered: None |
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ORDER denying 57 Motion for Leave to File Document. The motion of Public Citizen for leave of file brief as Amicus Curiae, filed on September 24, 2007, is denied without prejudice for failure to comply with the Court's individual practices and the Local Rules of this District. The Clerk of Court is directed to terminate the motion docketed as document # 57 . (Signed by Judge Richard J. Sullivan on 9/27/07) (tro) (Entered: 10/05/2007)
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Request |
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58 |
Filed: 10/4/2007, Entered: None |
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CONFERENCE ORDER: Telephone Status Conference set for 10/9/2007 at 11:00 AM before Judge Richard J. Sullivan. Once all the parties are on the conference line, they can call chambers at 212-805-0264. (Signed by Judge Richard J. Sullivan on 10/1/07) (tro) (Entered: 10/05/2007)
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Request |
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57 |
Filed: 9/24/2007, Entered: None |
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MOTION of Public Citizen for Leave to File Brief as Amicus Curiae. Proposed Order and Brief of Public Citizen as Amicus Curiae attached. (tro) (Entered: 09/26/2007)
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Request |
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56 |
Filed: 9/4/2007, Entered: None |
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NOTICE OF CASE REASSIGNMENT to Judge Richard J. Sullivan. Judge Kenneth M. Karas is no longer assigned to the case. (jeh) (Entered: 09/10/2007)
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Request |
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55 |
Filed: 8/6/2007, Entered: None |
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FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - STATUS REPORT. (Letter to Magistrate Judge Debra Freemen re: Court's request for copies of corrrespondences related to fee issue and dispute). Document filed by Paul S. Foti.(Arleo, Robert) Modified on 8/7/2007 (KA). (Entered: 08/06/2007)
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Request |
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54 |
Filed: 7/23/2007, Entered: None |
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ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute: Fee dispute between Plaintiffs' counsel. Referred to Magistrate Judge Debra C. Freeman. (Signed by Judge Kenneth M. Karas on 7/16/07) (tro) (Entered: 07/25/2007)
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Request |
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53 |
Filed: 7/17/2007, Entered: None |
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MEMORANDUM AND OPINION # 94923 re: 52 MOTION to Strike. filed by Alycia Sanders. Intervenor Alycia Sanders' Motion to Strike her reply brief and submit a corrected reply brief (Doc. No. 52) is GRANTED. SO ORDERED. (Signed by Judge Kenneth M. Karas on 7/16/07) (tro) (Entered: 07/18/2007)
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Request |
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52 |
Filed: 7/9/2007, Entered: None |
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MOTION to Strike reply brief she filed 6/19/07 and to substitute a corrected reply brief, a copy of hwich is attached hereto as Exhibit A. Document filed by Alycia Sanders.(pl) (Entered: 07/12/2007)
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Request |
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51 |
Filed: 7/6/2007, Entered: None |
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ENDORSED LETTER addressed to Judge Kenneth M. Karas from John Roddy dated 6/27/07 re: Proposed Intervenor Alycia Sanders seeks leave to file a motion to strike the reply brief she filed on June 19, 2007 and to substitute an updated and corrected reply brief. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Kenneth M. Karas on 6/29/07) (tro) (Entered: 07/10/2007)
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Request |
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50 |
Filed: 6/19/2007, Entered: None |
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REPLY BRIEF in Support re: 44 MOTION to Intervene. Document filed by Alycia Sanders. (djc) (Entered: 06/21/2007)
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Request |
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49 |
Filed: 6/14/2007, Entered: None |
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ENDORSED LETTER addressed to Judge Kenneth Karas from Robert L. Arleo dated 6/13/2007 re: In response to the 5/8/2007 correspondence from atty Yitzak Cohen to Your Honor. Therein Mr. Cohen request that Your Honor "mediate" the issue of distribution of the $125,000.00 atty fee provision contained in the class settlement agreement negotiated in the action. Endorsement: The Court will defer the atty fee issue until after the motion to intervene is resolved. (Signed by Judge Kenneth M. Karas on 6/13/2007) (jar) (Entered: 06/15/2007)
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Request |
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48 |
Filed: 6/14/2007, Entered: None |
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ENDORSED LETTER addressed to Judge Kenneth M. Karas from Yitzchak E. Cohen dated 5/8/2007 re: we write the Court to explain our position why this Court should mediate the dispute between the Plts' atty regarding attys fees. Endorsement: The Clerk of the Court is directed to docket this letter. (Signed by Judge Kenneth M. Karas on 6/13/2007) (jar) (Entered: 06/15/2007)
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Request |
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47 |
Filed: 6/12/2007, Entered: None |
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ENDORSED LETTER addressed to Judge Karas from John Roddy dated 6/6/07 re proposed Intervenor Alycia Sanders request for leave to file a reply to NCO's opposition to her motion to intervene (docket No. 43): so ordered. (Signed by Judge Kenneth M. Karas on 6/11/07) (cd) (Entered: 06/13/2007)
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Request |
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46 |
Filed: 6/7/2007, Entered: None |
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NOTICE OF CHANGE OF ADDRESS by Yitzchak E. Cohen on behalf of Paul S. Foti. New Address: Law Offices of Yitzchak E. Cohen, The Graybar Building, 420 Lexington Avenue, New York, NY, 10170, (212) 280-4143. (jar) (Entered: 06/08/2007)
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Request |
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45 |
Filed: 5/23/2007, Entered: None |
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MEMORANDUM OF LAW in Support re: 44 MOTION to Intervene.. Document filed by Alycia Sanders. (dle) (Entered: 05/25/2007)
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Request |
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44 |
Filed: 5/23/2007, Entered: None |
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MOTION for permission to intervene purs. to Rules 24(a)(2) of theFRCP and Rule 24(b)(2). Document filed by Alycia Sanders.(dle) (Entered: 05/25/2007)
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Request |
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43 |
Filed: 5/17/2007, Entered: None |
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MEMORANDUM OF LAW in Opposition to Motimo to Intervene. Document filed by NCO Financial Systems, Inc.. (djc) (Entered: 05/18/2007)
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Request |
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42 |
Filed: 4/19/2007, Entered: None |
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ORDER; Ms. Sanders shall file her motion to intervene on or before April 20, 2007. Plaintiffs and defendant shall file their opposition memoranda to Ms. Sanders' motion on or before May 20, 2007. Defense counsel shall provide a copy of this order to Ms. Sanders' attorneys. (Signed by Judge Kenneth M. Karas on 4/13/07) (djc) (Entered: 04/20/2007)
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Request |
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41 |
Filed: 3/13/2007, Entered: None |
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ORDER that the motion to intervene is denied without prejudice for failure to comply with the court's individual practices and the local rules of this district. The clerk of the court is directed to terminate the motions docketed as documents #37 & 39. (Signed by Judge Kenneth M. Karas on 3/12/07) (dle) (Entered: 03/14/2007)
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Request |
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40 |
Filed: 3/9/2007, Entered: None |
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FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - MEMORANDUM OF LAW in Support re: 39 MOTION to Intervene., 37 MOTION to Intervene.. Document filed by Alycia Sanders. (Fishman, James) Modified on 3/13/2007 (KA). (Entered: 03/09/2007)
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Request |
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39 |
Filed: 3/9/2007, Entered: None |
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FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - MOTION to Intervene. Document filed by Alycia Sanders.(Fishman, James) Modified on 3/13/2007 (KA). (Entered: 03/09/2007)
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Request |
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38 |
Filed: 3/7/2007, Entered: None |
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ENDORSED LETTER addressed to Judge Kenneth M. Karas from Robert L. Arleo dated 3/2/07 re: The Court will hold a telephone conference on 4/13/07 at 4:00 p.m. (Signed by Judge Kenneth M. Karas on 3/7/07) (db) (Entered: 03/09/2007)
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Request |
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37 |
Filed: 3/9/2007, Entered: None |
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FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - MOTION to Intervene. Document filed by Alycia Sanders.(Fishman, James) Modified on 3/13/2007 (KA). (Entered: 03/09/2007)
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Request |
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36 |
Filed: 3/6/2007, Entered: None |
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LETTER addressed to Clerk of the Court from Joshua Cohen dated 2/16/07 Written Request for Exclusion from Case No. 04-cv-07070; Sheila Heard, and Lynn Upton request to be excluded from national class membership. (received in chambers of Judge Karas on 2/26/07)(rag) (Entered: 03/06/2007)
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Request |
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35 |
Filed: 1/30/2007, Entered: None |
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NOTICE OF APPEARANCE by Robert Louis Arleo on behalf of Paul S. Foti, Zovinar Ashjian, Chris Zebro (cd) (Entered: 02/01/2007)
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Request |
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34 |
Filed: 1/16/2007, Entered: None |
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MOTION for approval of the proposed class action settlement; Document filed by Paul S. Foti, Zovinar Ashjian, Chris Zebro, NCO Financial Systems, Inc..(djc) (Entered: 01/24/2007)
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Request |
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33 |
Filed: 12/22/2006, Entered: None |
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ORDER Status Conference set for 1/19/2007 10:00 AM before Judge Kenneth M. Karas, in courtroom 21D. (Signed by Judge Kenneth M. Karas on 12/22/06) (jco, ) (Entered: 12/26/2006)
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Request |
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32 |
Filed: 9/5/2006, Entered: None |
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ENDORSED LETTER addressed to Judge Kenneth M. Karas from David Israel dated 8/25/06 re: counsel requests the court's permission to submit settlement documents no later than 9/10/06. The clerk is directed to docket this letter. So Ordered. (Signed by Judge Kenneth M. Karas on 8/28/06) (dle, ) (Entered: 09/05/2006)
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Request |
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31 |
Filed: 7/24/2006, Entered: None |
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ENDORSED LETTER addressed to Judge Kenneth M. Karas from David Israel dated 7/11/06 re: at your Honor's request we will provide necessary authority proving CAFA is not retroactive. ENDORSEMENT: Authority should be provided on the non-retroactivity of CAFA. A letter will be sufficient. SO ORDERED. (Signed by Judge Kenneth M. Karas on 7/19/06) (kco, ) (Entered: 07/24/2006)
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Request |
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30 |
Filed: 6/28/2006, Entered: None |
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NOTICE of Substitution of Counsel. Document filed by Paul S. Foti, Zovinar Ashjian, Chris Zebro. (Arleo, Robert) (Entered: 06/28/2006)
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Request |
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29 |
Filed: 6/27/2006, Entered: None |
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ORDER granting 28 Motion for Bryan C. Shartle to Appear Pro Hac Vice . (Signed by Judge Kenneth M. Karas on 6/26/2006) (lb, ) (Entered: 06/27/2006)
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Request |
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28 |
Filed: 6/21/2006, Entered: None |
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MOTION for Bryan C. Shartle to Appear Pro Hac Vice. Attached is Affidavit in Support of Kevin Barry McHugh. Document filed by NCO Financial Systems, Inc.. (djc, ) Modified on 6/22/2006 (djc, ). (Entered: 06/22/2006)
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Request |
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27 |
Filed: 5/19/2006, Entered: None |
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NOTICE SELECTING MEDIATOR - Notice of selection of mediator.(sc, ) (Entered: 05/19/2006)
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Request |
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26 |
Filed: 5/18/2006, Entered: None |
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FILING ERROR - ELECTRONIC FILING FOR A NON-ECF CASE - NOTICE OF CHANGE OF ADDRESS by Kevin Barry McHugh on behalf of NCO Financial Systems, Inc.. New Address: Sessions, Fishman & Nathan, Lakeway Two, 3850 N. Causeway Blvd., Ste. 1240, Metairie, Louisiana, USA 70002-1752, 504-828-3700. (McHugh, Kevin) Modified on 5/22/2006 (gf, ). (Entered: 05/18/2006)
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Request |
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25 |
Filed: 5/4/2006, Entered: None |
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ORDER CASE ELIGIBLE FOR MEDIATION...the above-entitled action is eligible for mediation, pursuant to the Civil Justice Expense and Delay Reduction Plan. This action is eligible for mediation subject to the limitations and restrictions as noted: ALL ISSUES ARE ELIGIBLE. (Signed by Judge Kenneth M. Karas on 5/2/06) (kco, ) (Entered: 05/04/2006)
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Request |
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24 |
Filed: 4/7/2006, Entered: None |
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ORDER: counsel who will try this case shall appear for a status conference on 4/26/06 at 11:30 a.m. before Judge Kenneth M. Karas in Courtroom 21D, 500 Pearl Street. (Signed by Judge Kenneth M. Karas on 4/4/06) (db, ) (Entered: 04/07/2006)
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Request |
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23 |
Filed: 3/28/2006, Entered: None |
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OPINION AND ORDER #92921; re: for the reasons outlined in this Opinion, the Motion to dismiss count one is granted as to the January 18 Pre-Receorded Message, but denied as to the January 26 conversation. The motion to dismiss count two is denied as to the January 18 Pre-Recorded Message, but granted as to the January 26 Convention. (Signed by Judge Kenneth M. Karas on 3/25/06) (sac, ) Modified on 3/29/2006 (kco, ). (Entered: 03/28/2006)
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Request |
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22 |
Filed: 3/28/2006, Entered: None |
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ORDER; the Clerk of the Court is hereby directed to terminate 12 Motion to Dismiss & terminate 13 Motion to Dismiss. (Signed by Judge Kenneth M. Karas on 3/25/06) (sac, ) (Entered: 03/28/2006)
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Request |
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21 |
Filed: 1/3/2005, Entered: None |
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ENDORSED LETTER addressed to Judge Kenneth M. Karas from David Israel dated 12/28/04 re: Counsel for defendant writes to request that while NCO is attempting to resolve the pre-recorded message issue, that the Court hold-off issuing any SJM decision. The parties have until 1/7/05 to inform the Court of any resolution of the isses relating to the pre-recorded message. So Ordered. (Signed by Judge Kenneth M. Karas on 12/30/04) (jco, ) (Entered: 01/05/2005)
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Request |
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20 |
Filed: 12/9/2004, Entered: None |
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ENDORSED LETTER addressed to Judge Kenneth M. Karas from Brian D. Roth dated 12/6/04 re: We confirm that plaintiff and defense counsel are available to attend the hearing to be set for Friday, 12/17/04 at 9:30 AM. So Ordered. (Signed by Judge Kenneth M. Karas on 12/8/04) (dfe, ) (Entered: 12/10/2004)
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Request |
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19 |
Filed: 10/22/2004, Entered: None |
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REPLY Brief in Response to Plaintiff's Opposition to NCO'S Motion re: 13 MOTION for partial Dismissal. Document filed by NCO Financial Systems, Inc. (rw, ) (Entered: 10/25/2004)
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Request |
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18 |
Filed: 10/12/2004, Entered: None |
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MEMORANDUM OF LAW in Opposition re: 13 MOTION to Dismiss. Document filed by Zovinar Ashjian, Paul S. Foti, Chris Zebro. (kw, ) (Entered: 10/14/2004)
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Request |
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17 |
Filed: 9/30/2004, Entered: None |
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ENDORSED LETTER addressed to Judge Kenneth M. Karas from Yitzchake Cohen dated 9/29/04 re: counsel for plaintiffs request an expedited ruling on their request for the following schedule: plaintiff's opposition papers to dft's motion by 10/12/04; dft's time to serve its reply to 10/22/04. Application for an extension of time to serve plaintiff's opposition and to serve dfts' reply, as described above is granted. However, argument date will be rescheduled. (Signed by Judge Kenneth M. Karas on 9/29/04) (dle, ) (Entered: 10/05/2004)
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Request |
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16 |
Filed: 9/14/2004, Entered: None |
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NOTICE OF CASE REASSIGNMENT to Judge Kenneth M. Karas. Judge William H. Pauley no longer assigned to the case. (gf, ) (Entered: 09/15/2004)
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Request |
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15 |
Filed: 9/9/2004, Entered: None |
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ORDER granting 9 Motion for David Israel to Appear Pro Hac Vice. (Signed by Judge William H. Pauley III on 9/7/04) copies sent by chambers(cd, ) (Entered: 09/13/2004)
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Request |
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14 |
Filed: 9/3/2004, Entered: None |
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MEMORANDUM OF LAW in Support re: 12 MOTION to Dismiss.. Document filed by NCO Financial Systems, Inc.. (pa, ) (Entered: 09/09/2004)
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Request |
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13 |
Filed: 9/3/2004, Entered: None |
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MOTION for partial Dismissal.. Document filed by NCO Financial Systems, Inc.. Return Date set for 10/29/2004 11:00 AM. (pa, ) (Entered: 09/09/2004)
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Request |
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12 |
Filed: 9/3/2004, Entered: None |
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MOTION for Partial Dismissal..dismissing counts 1 & 2 of pltffs first amended class action complt for failure to state a claim upon which relief can be granted. Document filed by NCO Financial Systems, Inc.. (pa, ) (Entered: 09/09/2004)
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Request |
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11 |
Filed: 8/2/2004, Entered: None |
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SCHEDULING ORDER: Motions due by 9/3/2004. Responses due by 10/1/2004 Replies due by 10/12/2004. Oral Argument set for 10/29/2004 11:00 AM before Judge William H. Pauley III. (Signed by Judge William H. Pauley III on 7/30/04) "Copies Mailed by Chambers"(jco, ) (Entered: 08/04/2004)
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Request |
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10 |
Filed: 7/7/2004, Entered: None |
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ENDORSED LETTER addressed to Judge Pauley from Michael Cohen dated 6/29/2004 re: granting counsels request for an adjournment as follows: Pre-motion Conference adjourned to 7/23/2004 10:00 AM before Judge William H. Pauley III. (Signed by Judge William H. Pauley III on 7/5/2004) (jp, ) (Entered: 07/12/2004)
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Request |
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9 |
Filed: 6/23/2004, Entered: None |
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MOTION for David Israel to Appear Pro Hac Vice. Document filed by NCO Financial Systems, Inc. Declaration of David Israel in support attached. (sac, ) (Entered: 06/28/2004)
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Request |
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8 |
Filed: 6/1/2004, Entered: None |
Amended Complaint |
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FIRST AMENDED COMPLAINT amending 1 Complaint against NCO Financial Systems, Inc..Document filed by Zovinar Ashjian, Chris Zebro, Paul S. Foti. Related document: 1 Complaint filed by Paul S. Foti.(pl, ) (Entered: 06/03/2004)
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Request |
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7 |
Filed: 5/7/2004, Entered: None |
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SCHEDULING ORDER: plaintiff will file and serve his amended complaint by 6/1/04; defendant will submit a letter requesting a pre-motion conference concerning their proposed motion to dismiss by 6/18/04; plaintiff will submit his reply letter by 6/23/04; and a pre-motion conference is set for 6/25/04 at 10:00 a.m. (Signed by Judge William H. Pauley III on 4/30/04) Copies Mailed by Chambers.(db, ) (Entered: 05/10/2004)
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Request |
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6 |
Filed: 3/15/2004, Entered: None |
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REQUEST for Production of Documents, purs to FRCP 26.Document filed by NCO Financial Systems, Inc..(cd, ) (Entered: 03/19/2004)
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Request |
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5 |
Filed: 3/15/2004, Entered: None |
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NOTICE to Take Deposition of all adverse parties on 6/14/04 at 10:00.Document filed by NCO Financial Systems, Inc..(cd, ) (Entered: 03/19/2004)
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Request |
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4 |
Filed: 3/15/2004, Entered: None |
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ANSWER to Complaint. Document filed by NCO Financial Systems, Inc. (cd, ) (Entered: 03/19/2004)
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Request |
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3 |
Filed: 3/15/2004, Entered: None |
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RULE 7.1 DISCLOSURE STATEMENT. Document filed by NCO Financial Systems, Inc. (cd, ) (Entered: 03/19/2004)
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Request |
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2 |
Filed: 3/9/2004, Entered: None |
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ORDER RE SCHEDULING AND INITIAL PRETRIAL CONFERENCE:... If such a consent order is not filed within the time provided,... Initial Conference set for 4/30/2004 09:45 AM before Judge William H. Pauley III. (Signed by Judge William H. Pauley III on 3/4/2004) Copies mailed by Chambers.(jsa, ) (Entered: 03/11/2004)
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Request |
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1 |
Filed: 1/29/2004, Entered: None |
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CLASS ACTION COMPLAINT against NCO Financial Systems, Inc. (Filing Fee $ 150.00, Receipt Number 497646)Document filed by Paul S. Foti.(jjm, ) (Entered: 02/03/2004)
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Request |
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