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 34 |
Filed: 4/29/2020, Entered: 4/29/2020 |
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STIPULATION PERMANENT INJUNCTION: It is ORDERED that: 1. The Court's preliminary injunction of March 8, 2017 (ECF No. 22) is hereby made permanent. Mr. 85D12EA is permanently enjoined from pursuing the claims set forth in his Statement of Claim in Case No. 16-02011 against MetLife before the Financial Industry Regulatory Authority, Inc. ("FINRA"). 2. Within seven days of the entry of this Permanent Injunction, Mr. 85D12EA will withdraw his pending FINRA arbitration action against MetLife, each party to bear his or its own fees and costs. 3. The Court will retain jurisdiction over this action for the purpose of implementation and enforcement of this Permanent Injunction. (Signed by Judge Paul A. Engelmayer on 4/29/2020) (jwh)
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| 33 |
Filed: 4/29/2020, Entered: 4/29/2020 |
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LETTER addressed to Judge Paul A. Engelmayer from Kenneth J. Turnbull, Esq. dated April 29, 2020 re: Stipulated Permanent Injunction. Document filed by Metropolitan Life Insurance Company. (Attachments: # 1 Text of Proposed Order Stipulated Permanent Injunction).(Turnbull, Kenneth)
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Request |
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| 32 |
Filed: 9/3/2019, Entered: 9/3/2019 |
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LETTER addressed to Judge Paul A. Engelmayer from Kenneth J. Turnbull dated September 3, 2019 re: status report. Document filed by Metropolitan Life Insurance Company.(Turnbull, Kenneth)
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Request |
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Filed: 6/3/2019, Entered: 6/4/2019 |
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Terminate Transcript Deadlines RE: 24 . (anc)
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Filed: 6/3/2019, Entered: 6/4/2019 |
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Case Stayed. (anc)
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| 31 |
Filed: 6/3/2019, Entered: 6/4/2019 |
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MEMO ENDORSEMENT on re: 30 Letter filed by Metropolitan Life Insurance Company. ENDORSEMENT: In light of counsel's representation that defendant intends to file a petition of certiorari with the Supreme Court, the Court hereby stays this case pending resolution of that petition. The Court directs the parties to file a joint status report every ninety days, running from the date of this order, advising the Court of the status of that petition. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 6/3/2019) (anc)
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Request |
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| 30 |
Filed: 5/24/2019, Entered: 5/24/2019 |
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LETTER addressed to Judge Paul A. Engelmayer from Kenneth J. Turnbull dated May 24, 2019 re: the parties' views as to the next steps in the litigation. Document filed by Metropolitan Life Insurance Company.(Turnbull, Kenneth)
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Request |
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| 29 |
Filed: 5/20/2019, Entered: 5/21/2019 |
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ORDER: On May 16, 2019, the Second Circuit Court of Appeals issued its mandate affirming the Court's March 8, 2017 Order. The Court hereby directs the parties to file, by May 24, 2019, a joint letter setting forth their views as to next steps in this litigation. (Signed by Judge Paul A. Engelmayer on 5/20/2019) (mro)
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Request |
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Filed: 5/16/2019, Entered: 5/16/2019 |
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Transmission of USCA Mandate to the District Judge re: 28 USCA Mandate,. (nd)
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| 28 |
Filed: 5/16/2019, Entered: 5/16/2019 |
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MANDATE of USCA (Certified Copy) as to 27 Notice of Interlocutory Appeal filed by 85D12EA. USCA Case Number 17-0881. Ordered, Adjudged and Decreed that the order of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 05/16/2019. (Attachments: # 1 Opinion)(nd)
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Filed: 3/29/2017, Entered: 3/29/2017 |
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 27 Notice of Interlocutory Appeal filed by 85D12EA were transmitted to the U.S. Court of Appeals. (tp)
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Filed: 3/29/2017, Entered: 3/29/2017 |
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 27 Notice of Interlocutory Appeal. (tp)
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| 27 |
Filed: 3/28/2017, Entered: 3/28/2017 |
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NOTICE OF INTERLOCUTORY APPEAL from 22 Order,,. Document filed by 85D12EA. Filing fee $ 505.00, receipt number 0208-13476376. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Katz, Joshua)
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Request |
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| 26 |
Filed: 3/28/2017, Entered: 3/28/2017 |
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LETTER addressed to Judge Paul A. Engelmayer from Christopher C. Coss dated March 28, 2017 re: status update. Document filed by 85D12EA.(Katz, Joshua)
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Request |
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| 25 |
Filed: 3/16/2017, Entered: 3/16/2017 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conferernce proceeding held on 3/7/17 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...(McGuirk, Kelly)
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Request |
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| 24 |
Filed: 3/16/2017, Entered: 3/16/2017 |
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TRANSCRIPT of Proceedings re: conferernce held on 3/7/2017 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Rebecca Forman, (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 4/6/2017. Redacted Transcript Deadline set for 4/17/2017. Release of Transcript Restriction set for 6/14/2017.(McGuirk, Kelly)
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Request |
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| 23 |
Filed: 3/9/2017, Entered: 3/9/2017 |
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ANSWER to 1 Complaint. Document filed by 85D12EA.(Katz, Joshua)
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Request |
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| 22 |
Filed: 3/8/2017, Entered: 3/8/2017 |
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ORDER: For the reasons set forth on the record of today's conference, the Court grants MetLife's motion for a preliminary injunction. The Court enjoins Mr. 85D12EA from pursuing his claims against MetLife in an arbitration before FINRA. The parties are directed to submit a joint letter to the Court by March 28, 2017, stating whether Mr. 85D12EA intends to contest MetLife's application for a permanent injunction with regard the arbitrability of his claims. In the event further litigation is contemplated, the parties are directed to jointly submit a proposed case management plan. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/8/2017) (anc)
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Request |
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Filed: 3/7/2017, Entered: 3/8/2017 |
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Minute Entry for proceedings held before Judge Paul A. Engelmayer: Default Hearing held on 3/7/2017. Kenneth Turnbull present for Plaintiff. Thomas Moyer & Christopher Cross present for Defendant. Court reporter present. (ajs)
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| 21 |
Filed: 2/28/2017, Entered: 3/1/2017 |
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ORDER granting 17 Letter Motion to Adjourn Conference. Granted. The hearing currently scheduled for March 3, 2017 is hereby adjourned and rescheduled for Tuesday, March 7, 2017, at 5:30 p.m. (Show Cause Hearing set for 3/7/2017 at 05:30 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 2/28/2017) (cla)
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Request |
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| 20 |
Filed: 2/28/2017, Entered: 2/28/2017 |
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REPLY MEMORANDUM OF LAW in Support re: 10 MOTION for Order to Show Cause . . Document filed by Metropolitan Life Insurance Company. (Turnbull, Kenneth)
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Request |
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| 19 |
Filed: 2/23/2017, Entered: 2/23/2017 |
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MEMORANDUM OF LAW in Opposition re: 10 MOTION for Order to Show Cause . . Document filed by 85D12EA. (Katz, Joshua)
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Request |
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| 18 |
Filed: 2/23/2017, Entered: 2/23/2017 |
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DECLARATION of Christopher C. Coss in Opposition re: 10 MOTION for Order to Show Cause .. Document filed by 85D12EA. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Katz, Joshua)
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Request |
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| 17 |
Filed: 2/22/2017, Entered: 2/22/2017 |
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LETTER MOTION to Adjourn Conference motion to adjourn oral argument of order to show cause addressed to Judge Paul A. Engelmayer from Christopher C. Coss dated February 22, 2017. Document filed by 85D12EA.(Katz, Joshua)
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Request |
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| 16 |
Filed: 2/21/2017, Entered: 2/21/2017 |
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ORDER FOR ADMISSION PRO HAC VICE granting 15 Motion for Christopher C. Coss to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 2/16/2017) (tn)
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Request |
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Filed: 2/16/2017, Entered: 2/16/2017 |
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 15 MOTION for Christopher C. Coss to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma)
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| 15 |
Filed: 2/16/2017, Entered: 2/16/2017 |
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MOTION for Christopher C. Coss to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by 85D12EA. (Attachments: # 1 Exhibit Ex. A - C. Coss Certificate of Good Standing, # 2 Affidavit Affidavit of C. Coss, # 3 Text of Proposed Order)(Gordon, Jack)
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Request |
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Filed: 2/15/2017, Entered: 2/15/2017 |
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 14 MOTION for Christopher C. Coss to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13319775. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Attorney Affidavit/Declaration missing. Please read local rule 1.3;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu)
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| 14 |
Filed: 2/15/2017, Entered: 2/15/2017 |
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FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Christopher C. Coss to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13319775. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by 85D12EA. (Attachments: # 1 Exhibit Ex. A - C. Coss Certificate of Good Standing, # 2 Text of Proposed Order)(Gordon, Jack) Modified on 2/15/2017 (bcu).
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Request |
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| 13 |
Filed: 2/10/2017, Entered: 2/10/2017 |
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ORDER TO SHOW CAUSE: that Defendant shall show cause as to why Enjoining Defendant during the pendency of this action from pursuing the FINRA arbitration pending this Court's final determination that there is no agreement to arbitrate between MetLife and Defendant, that FINRA is not an appropriate forum to resolve a dispute between MetLife and Defendant, and that FINRA has no jurisdiction to adjudicate Defendant's arbitration against MetLife, and as further set forth in this order. Show Cause Hearing set for 3/3/2017 at 11:00 AM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. (Signed by Judge Paul A. Engelmayer on 2/10/2017) (tn) Modified on 2/10/2017 (tn).
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Request |
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| 12 |
Filed: 2/9/2017, Entered: 2/9/2017 |
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DECLARATION of Kenneth J. Turnbull in Support re: 10 MOTION for Order to Show Cause .. Document filed by Metropolitan Life Insurance Company. (Turnbull, Kenneth)
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Request |
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| 11 |
Filed: 2/9/2017, Entered: 2/9/2017 |
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MEMORANDUM OF LAW in Support re: 10 MOTION for Order to Show Cause . . Document filed by Metropolitan Life Insurance Company. (Turnbull, Kenneth)
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Request |
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| 10 |
Filed: 2/9/2017, Entered: 2/9/2017 |
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MOTION for Order to Show Cause . Document filed by Metropolitan Life Insurance Company. (Attachments: # 1 Text of Proposed Order)(Turnbull, Kenneth)
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Request |
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| 9 |
Filed: 2/9/2017, Entered: 2/9/2017 |
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NOTICE OF APPEARANCE by Jack A. Gordon on behalf of 85D12EA. (Gordon, Jack)
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Request |
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| 8 |
Filed: 2/8/2017, Entered: 2/8/2017 |
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NOTICE OF APPEARANCE by Joshua B Katz on behalf of 85D12EA. (Katz, Joshua)
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Request |
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| 7 |
Filed: 2/6/2017, Entered: 2/6/2017 |
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ELECTRONIC SUMMONS ISSUED as to 85D12EA. (kl)
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Request |
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| 6 |
Filed: 2/3/2017, Entered: 2/3/2017 |
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REQUEST FOR ISSUANCE OF SUMMONS as to 85D12EA, re: 1 Complaint. Document filed by Metropolitan Life Insurance Company. (Turnbull, Kenneth)
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Request |
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Filed: 2/3/2017, Entered: 2/3/2017 |
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney to RE-FILE Document No. 4 Request for Issuance of Summons. The filing is deficient for the following reason(s): THE WRONG CASE NUMBER IS LISTED ON THE SUMMONS REQUEST. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (kl)
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Filed: 2/3/2017, Entered: 2/3/2017 |
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Case Designated ECF. (kl)
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Filed: 2/3/2017, Entered: 2/3/2017 |
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Magistrate Judge Kevin Nathaniel Fox is so designated. (kl)
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Filed: 2/3/2017, Entered: 2/3/2017 |
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. 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. (kl)
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| 5 |
Filed: 2/2/2017, Entered: 2/2/2017 |
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NOTICE OF APPEARANCE by Rudolph J. Burshnic, II on behalf of Metropolitan Life Insurance Company. (Burshnic, Rudolph)
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Request |
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| 4 |
Filed: 2/2/2017, Entered: 2/2/2017 |
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FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - REQUEST FOR ISSUANCE OF SUMMONS as to 85D12EA, re: 1 Complaint. Document filed by Metropolitan Life Insurance Company. (Turnbull, Kenneth) Modified on 2/3/2017 (kl).
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Request |
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| 3 |
Filed: 2/2/2017, Entered: 2/2/2017 |
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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Metlife, Inc. for Metropolitan Life Insurance Company. Document filed by Metropolitan Life Insurance Company.(Turnbull, Kenneth)
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Request |
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| 2 |
Filed: 2/2/2017, Entered: 2/2/2017 |
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CIVIL COVER SHEET filed. (Turnbull, Kenneth)
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Request |
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| 1 |
Filed: 2/2/2017, Entered: 2/2/2017 |
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COMPLAINT against 85D12EA. (Filing Fee $ 400.00, Receipt Number 0208-13273108)Document filed by Metropolitan Life Insurance Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Turnbull, Kenneth)
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