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 40 |
Filed: 1/13/2015, Entered: None |
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CLERK'S JUDGMENT: Summary judgment for Ironside as to Count I and Count II of McKenna's causes of action is granted; and Count I and Count II of Sedmak's causes of action is granted; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 1/13/2015) (Attachments: # 1 Notice of Right to Appeal, # 2 Notice of Right to Appeal)(dt) (Entered: 01/13/2015)
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| 39 |
Filed: 1/12/2015, Entered: None |
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OPINION & ORDER. For the above reasons, there is no triable issue as to whether plaintiffs have directly benefited from the Policy, or as to whether McKenna was an intended third-party beneficiary of the Policy and knowingly accepted benefits stemming from the Policy. Although Ironshore has not cross-moved for summary judgment, the Court has previously given notice and a reasonable time to respond to its intention to grant summary judgment in nonmovant Ironshore's favor. Accordingly, the Court has now appropriately GRANTED summary judgment for Ironshore as to Count I and Count II of McKenna's causes of action and as to Count I and Count II of Sedmak's causes of action. The Clerk of Court is directed to terminate this action. (Signed by Judge Katherine B. Forrest on 1/12/2015) (lmb) (Entered: 01/12/2015)
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| 38 |
Filed: 1/6/2015, Entered: None |
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MEMO ENDORSEMENT on re: (37 in 1:14-cv-06633-KBF) Letter, filed by Song Jung, McKenna Long & Aldridge, LLP. ENDORSEMENT: DENIED. Here's the issue and the only issue: defendant did not cross-move. I deem them to have addressed all arguments they would address on a cross-motion. Are there any facts you would proffer if the plaintiff had included simply a notice of motion with their papers? Assume all arguments are the same. (Signed by Judge Katherine B. Forrest on 1/6/2015) (lmb) (Entered: 01/08/2015)
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| 37 |
Filed: 1/5/2015, Entered: None |
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LETTER addressed to Judge Katherine B. Forrest from Robert D. Owen dated 01/05/2015 re: Request for additional time to respond to Court's denial of Plaintiffs' Motions for Summary Judgment. Document filed by Song Jung, McKenna Long & Aldridge, LLP.(Owen, Robert) (Entered: 01/05/2015)
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| 36 |
Filed: 12/31/2014, Entered: None |
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ORDER denying 19 Motion for Summary Judgment: that the Court hereby provides notice that it intends to dismiss these actions in their entirety at the time it issues its written opinion. Should either party disagree with that course of action, they shall show cause why not later than January 7, 2015, by a written submission. The Clerk of Court is directed to close the motions at ECF No. 19 in case no. 14-cv-6633 and at ECF No. 16 in case no. 14-cv-6675. (Signed by Judge Katherine B. Forrest on 12/31/2014) (tn) (Entered: 12/31/2014)
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| 35 |
Filed: 12/23/2014, Entered: None |
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REPLY MEMORANDUM OF LAW in Support re: 19 MOTION for Summary Judgment . . Document filed by Gaspare Bono, Song Jung, McKenna Long & Aldridge, LLP. (Mock, Travis) (Entered: 12/23/2014)
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| 34 |
Filed: 12/22/2014, Entered: None |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/15/14 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari) (Entered: 12/22/2014)
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| 33 |
Filed: 12/22/2014, Entered: None |
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TRANSCRIPT of Proceedings re: CONFERENCE held on 12/15/2014 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Paula Speer, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/15/2015. Redacted Transcript Deadline set for 1/26/2015. Release of Transcript Restriction set for 3/26/2015.(Rodriguez, Somari) (Entered: 12/22/2014)
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Filed: 12/22/2014, Entered: None |
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SEALED DOCUMENT placed in vault.(rz) (Entered: 12/22/2014)
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| 31 |
Filed: 12/18/2014, Entered: None |
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ENDORSED LETTER addressed to Judge Katherine B. Forrest from Kevin J. Windels dated 12/17/2014 re: We have not yet filed Exhibit 9 under seal and will immediately do so once we receive the Court's Order permitting us to do so. ENDORSEMENT: Permission to file Exhibit 9 under seal is GRANTED. (Signed by Judge Katherine B. Forrest on 12/18/2014) (lmb) (Entered: 12/19/2014)
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| 30 |
Filed: 12/16/2014, Entered: None |
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ORDER: On Monday, December 15, 2014 at 2:00 p.m., the Court held a hearing on plaintiffs' request for a temporary restraining order. (14-cv-6633 ECF No. 23.) The Court must emphasize that it is mindful and respectful of the International Centre for Dispute Resolution ("ICDR"), and issues this Order only to ensure a resolution of these actions that is fair to all parties involved. In order to allow proceedings to be coordinated most efficiently, at the hearing, the Court requested and the parties agreed to stand down from the arbitration pending before the ICDR until December 31, 2014, by which time the Court will have resolved the pending summary judgment motions in these related actions. (14-cv-6633 ECF No. 19, 14-cv-6675 ECF No. 16.) The parties shall take appropriate actions to effectuate this order. SO ORDERED. (Signed by Judge Katherine B. Forrest on 12/16/2014) (ajs) (Entered: 12/16/2014)
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| 29 |
Filed: 12/16/2014, Entered: None |
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COUNTER STATEMENT TO 21 Rule 56.1 Statement. Document filed by Ironshore Specialty Insurance Company. (Windels, Kevin) (Entered: 12/16/2014)
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| 28 |
Filed: 12/16/2014, Entered: None |
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DECLARATION of Kevin J. Windels in Opposition re: 19 MOTION for Summary Judgment .. Document filed by Ironshore Specialty Insurance Company. (Attachments: # 1 Exhibit 1 to Windels Dec. - Amended Statement of Claim, # 2 Exhibit 1 to Windels Dec. - Ex. A-C to SOC, # 3 Exhibit 1 to Windels Dec. - Ex. D to SOC, # 4 Exhibit 1 to Windels Dec. - Ex. E-J to SOC, # 5 Exhibit 1 to Windels Dec. - Ex. K to SOC, # 6 Exhibit 1 to Windels Dec. - Ex. K to SOC, # 7 Exhibit 1 to Windels Dec. - Ex. L to SOC, # 8 Exhibit 1 to Windels Dec. - Ex. M-O to SOC, # 9 Exhibit 1 to Windels Dec. - Ex. P-V to SOC, # 10 Exhibit 2-4 to Windels Dec., # 11 Exhibit 5-8 to Windels Dec., # 12 Exhibit 9-11 to Windels Dec.)(Windels, Kevin) (Entered: 12/16/2014)
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| 27 |
Filed: 12/16/2014, Entered: None |
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MEMORANDUM OF LAW in Opposition re: 19 MOTION for Summary Judgment . . Document filed by Ironshore Specialty Insurance Company. (Stroili, Peter) (Entered: 12/16/2014)
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| 26 |
Filed: 12/12/2014, Entered: None |
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LETTER addressed to Judge Katherine B. Forrest from Robert D. Owen dated December 12, 2014 re: Reply in Support of Letter-Motion ECF #23. Document filed by Gaspare Bono, Song Jung, McKenna Long & Aldridge, LLP.(Owen, Robert) (Entered: 12/12/2014)
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| 25 |
Filed: 12/12/2014, Entered: None |
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LETTER addressed to Judge Katherine B. Forrest from Kevin J. Windels dated 12/12/14 re: Opposition to Plaintiffs Joint Application seeking TRO. Document filed by Ironshore Specialty Insurance Company. (Attachments: # 1 Exhibit A-G)(Windels, Kevin) (Entered: 12/12/2014)
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| 24 |
Filed: 12/11/2014, Entered: None |
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ORDER: re: (23 in 1:14-cv-06633-KBF) Letter filed by Gaspare Bono, Song Jung, McKenna Long & Aldridge, LLP. A hearing on plaintiffs request for a temporary restraining order (14-cv-6633 ECF No. 23) shall be held on Monday, December 15, 2014 at 2:00 p.m. SO ORDERED., ( Oral Argument set for 12/15/2014 at 02:00 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 12/11/2014) (ama) (Entered: 12/11/2014)
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| 23 |
Filed: 12/10/2014, Entered: None |
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LETTER addressed to Judge Katherine B. Forrest from Robert D. Owen dated December 10, 2014 re: Letter-Motion for TRO. Document filed by Gaspare Bono, Song Jung, McKenna Long & Aldridge, LLP.(Owen, Robert) (Entered: 12/10/2014)
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| 22 |
Filed: 11/25/2014, Entered: None |
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DECLARATION of Robert D. Owen in Support re: 19 MOTION for Summary Judgment .. Document filed by Gaspare Bono, Song Jung, McKenna Long & Aldridge, LLP. (Attachments: # 1 Exhibit Exhibit A to Owen Declaration, # 2 Exhibit Exhibit B to Owen Declaration, # 3 Exhibit Exhibit C to Owen Declaration, # 4 Exhibit Exhibit D to Owen Declaration, # 5 Exhibit Exhibit E to Owen Declaration, # 6 Exhibit Exhibit F to Owen Declaration, # 7 Exhibit Exhibit G to Owen Declaration, # 8 Exhibit Exhibit H to Owen Declaration, # 9 Exhibit Exhibit I to Owen Declaration, # 10 Exhibit Exhibit J to Owen Declaration, # 11 Exhibit Exhibit K to Owen Declaration)(Owen, Robert) (Entered: 11/25/2014)
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| 21 |
Filed: 11/25/2014, Entered: None |
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RULE 56.1 STATEMENT. Document filed by Gaspare Bono, Song Jung, McKenna Long & Aldridge, LLP. (Owen, Robert) (Entered: 11/25/2014)
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| 20 |
Filed: 11/25/2014, Entered: None |
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MEMORANDUM OF LAW in Support re: 19 MOTION for Summary Judgment . . Document filed by Gaspare Bono, Song Jung, McKenna Long & Aldridge, LLP. (Owen, Robert) (Entered: 11/25/2014)
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| 19 |
Filed: 11/25/2014, Entered: None |
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MOTION for Summary Judgment . Document filed by Gaspare Bono, Song Jung, McKenna Long & Aldridge, LLP. Responses due by 12/16/2014 Return Date set for 12/23/2014 at 09:00 AM.(Owen, Robert) (Entered: 11/25/2014)
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| 18 |
Filed: 11/14/2014, Entered: None |
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JOINT 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 11/25/2014. Responses due by 12/16/2014. Replies due by 12/23/2014. Status Conference set for 1/30/2015 at 10:30 AM before Judge Katherine B. Forrest. (Signed by Judge Katherine B. Forrest on 11/14/2014) (lmb) (Entered: 11/14/2014)
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| 17 |
Filed: 11/10/2014, Entered: None |
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LETTER addressed to Judge Katherine B. Forrest from Kevin J. Windels dated 11/10/14 re: upcoming preliminary conference. Document filed by Ironshore Specialty Insurance Company.(Windels, Kevin) (Entered: 11/10/2014)
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| 16 |
Filed: 11/10/2014, Entered: None |
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AMENDED LETTER addressed to Judge Katherine B. Forrest from Robert D. Owen dated 11/10/14 re: materials in anticipation of preliminary conference. Document filed by McKenna Long & Aldridge, LLP.(Owen, Robert) (Entered: 11/10/2014)
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| 15 |
Filed: 11/10/2014, Entered: None |
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LETTER addressed to Judge Katherine B. Forrest from Robert D. Owen dated 11/10/14 re: materials in anticipation of preliminary conference. Document filed by McKenna Long & Aldridge, LLP.(Owen, Robert) (Entered: 11/10/2014)
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| 14 |
Filed: 10/7/2014, Entered: None |
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MEMO ENDORSEMENT on re: 13 Letter filed by McKenna Long & Aldridge, LLP. ENDORSEMENT: Conference adjourned to 11/14/14 at 3pm., ( Initial Conference set for 11/14/2014 at 03:00 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 10/7/2014) (lmb) (Entered: 10/07/2014)
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| 13 |
Filed: 10/6/2014, Entered: None |
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LETTER addressed to Judge Katherine B. Forrest from Robert D. Owen dated 10/6/2014 re: rescheduling preliminary conference. Document filed by McKenna Long & Aldridge, LLP.(Owen, Robert) (Entered: 10/06/2014)
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| 12 |
Filed: 10/2/2014, Entered: None |
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ORDER: IT IS HEREBY ORDERED that, pursuant to Rule 42 of the Federal Rules of Civil Procedure, the following two related actions are coordinated for pre-trial purposes: McKenna Long & Aldridge LLP v. Ironshore Specialty Insurance Co., 14- cv-6633; and Sedmak v. Ironshore Specialty Insurance Co., 14-cv-6675. All related actions subsequently filed in, or transferred to, this District shall be consolidated into this action. All documents filed in any of those three related actions should use the caption as set forth above. As a reminder, the joint initial pre-trial conference is scheduled for Friday, October 17, 2014 at 10:30 a.m. At least four business days prior to the IPTC, the parties in the above-captioned actions shall jointly submit a single proposed coordinated schedule in accordance with the form available at http://www.nysd.uscourts.gov/judge/Forrest. (Signed by Judge Katherine B. Forrest on 10/2/2014) (lmb) (Entered: 10/02/2014)
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| 11 |
Filed: 9/30/2014, Entered: None |
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ANSWER to 1 Complaint. Document filed by Ironshore Specialty Insurance Company.(Windels, Kevin) (Entered: 09/30/2014)
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| 10 |
Filed: 9/30/2014, Entered: None |
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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Ironshore, Inc., Corporate Parent Ironshore Holdings (U.S.), Inc. for Ironshore Specialty Insurance Company. Document filed by Ironshore Specialty Insurance Company.(Windels, Kevin) (Entered: 09/30/2014)
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| 9 |
Filed: 9/8/2014, Entered: None |
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STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANT TO ANSWER, MOVE, OR OTHERWISE RESPOND TO PLAINTIFFS' COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, by and between counsel for Plaintiffs, McKenna, Long & Aldridge, LLP, Song Jung, and Gaspare Bono and Defendant, Ironshore Specialty Insurance Company, that the time for Defendant to answer, move, or otherwise respond to the Complaint is hereby extended to and including September 30, 2014. (See Indiv. Rules re stips.) (Signed by Judge Katherine B. Forrest on 9/8/2014) (lmb) (Entered: 09/08/2014)
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| 8 |
Filed: 9/5/2014, Entered: None |
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LETTER MOTION for Extension of Time to Answer, Move, or Otherwise Repsond to Complaint addressed to Judge Katherine B. Forrest from Kevin J. Windels dated 9/5/14. Document filed by Ironshore Specialty Insurance Company.(Windels, Kevin) (Entered: 09/05/2014)
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| 7 |
Filed: 9/5/2014, Entered: None |
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NOTICE OF APPEARANCE by Peter A. Stroili on behalf of Ironshore Specialty Insurance Company. (Stroili, Peter) (Entered: 09/05/2014)
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| 6 |
Filed: 9/5/2014, Entered: None |
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NOTICE OF APPEARANCE by Kevin Joseph Windels on behalf of Ironshore Specialty Insurance Company. (Windels, Kevin) (Entered: 09/05/2014)
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| 5 |
Filed: 9/4/2014, Entered: None |
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ORDER: It is hereby ORDERED that: Lead counsel for all parties in the above-captioned actions shall appear for an initial pretrial conference ("IPTC") on October 17, 2014 at 10:30 a.m. All counsel in receipt of this Order shall, forthwith, notify all other parties (or, if known, their attorneys) of the IPTC by serving each of them with a copy of the order scheduling the IPTC and with a copy the Court's Individual Practices in Civil Cases. Counsel shall file proof of such service with the Court. And as set forth herein. SO ORDERED. Initial Conference set for 10/17/2014 at 10:30 AM before Judge Katherine B. Forrest. (Signed by Judge Katherine B. Forrest on 9/03/2014) (ama) (Entered: 09/04/2014)
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| 4 |
Filed: 9/4/2014, Entered: None |
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ENDORSED LETTER addressed to Judge Katherine B. Forrest from Kevin J. Windels dated 9/3/2014 re: It is respectfully requested that the attached Stipulation be So Ordered by the Court. ENDORSEMENT: So ordered. (Signed by Judge Katherine B. Forrest on 9/4/2014) (lmb) (Entered: 09/04/2014)
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| 3 |
Filed: 8/19/2014, Entered: None |
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STATEMENT OF RELATEDNESS re: that this action be filed as related to 13-cv-8434. Document filed by Gaspare Bono, Song Jung, McKenna Long & Aldridge, LLP.(Kaliakina, Tatiana) (Entered: 08/21/2014)
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| 2 |
Filed: 8/19/2014, Entered: None |
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CIVIL COVER SHEET filed. (Kaliakina, Tatiana) (Entered: 08/21/2014)
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| 1 |
Filed: 8/19/2014, Entered: None |
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COMPLAINT against Ironshore Specialty Insurance Company. (Filing Fee $ 350.00, Receipt Number 01102832)Document filed by McKenna Long & Aldridge, LLP, Song Jung, Gaspare Bono.(Kaliakina, Tatiana) (Entered: 08/21/2014)
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