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 40 |
Filed: 3/24/2016, Entered: None |
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MEMO ENDORSEMENT on re: 39 Letter filed by Isabelita Colon Bermundez. The present is to enquire information about claim #15cv5614 as of today's date you honor I have not received any letters or the check for such claim. ENDORSEMENT: This Court has instructed the Cashier's Office to cancel the previously issued check and issue a new check Ms. Colon's current address. SO ORDERED. (Copy of order transmitted to Cashiers Office on 3/25/2016) (Signed by Judge William H. Pauley, III on 3/24/2016) (ama) Modified on 3/25/2016 (ama). (Entered: 03/25/2016)
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| 39 |
Filed: 3/24/2016, Entered: None |
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LETTER addressed to Judge William H. Pauley, III from Isabelita Colon dated 3/16/2016 re: The present is to enquire information about claim #15cv5614 as of today's date your honor I have not received any letters or the check for such claim. Document filed by Isabelita Colon Bermundez.(lmb) (Entered: 03/24/2016)
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Filed: 2/17/2016, Entered: None |
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CASHIERS OFFICE REGISTRY DISBURSEMENT as per 38 Order on Motion for Miscellaneous Relief,,,,,,, dated 2/5/2016, from Judge William H. Pauley, III, on 2/17/2016 disbursed to pay David Ortiz $12,212.38 Check No. 01040046 dated 2/17/2016 FedEx# 806069997504 (cla)
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Filed: 2/17/2016, Entered: None |
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CASHIERS OFFICE REGISTRY DISBURSEMENT as per 38 Order on Motion for Miscellaneous Relief,,,,,,, dated 2/5/2016, from Judge William H. Pauley, III, on 2/17/2016 disbursed to pay Isabelita Colon Bermudez $10,309.37 Check No. 01040045 dated 2/17/2016 FedEx# 806069997490 (cla)
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Filed: 2/17/2016, Entered: None |
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CASHIERS OFFICE REGISTRY DISBURSEMENT as per 38 Order on Motion for Miscellaneous Relief,,,,,,, dated 2/5/2016, from Judge William H. Pauley, III, on 2/17/2016 disbursed to pay Jackeline Moreno $2,577.35 Check No. 01040044 dated 2/17/2016 FedEx# 806069997489 (cla)
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Filed: 2/5/2016, Entered: None |
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Minute Entry for proceedings held before Judge William H. Pauley, III: Status Conference held on 2/5/2016. (Bonelli, Alison)
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| 38 |
Filed: 2/5/2016, Entered: None |
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ORDER granting 31 Motion for interpleader relief. The Metropolitan Life Insurance Company ("MetLife"), David Ortiz, Isabella Colon Bermudez, and Jackeline Moreno having appeared for a conference on February 5, 2016 at which they agreed on the record to resolve this action, this Court orders as follows: 1. The Clerk of Court is directed to issue a check for $12,212.38 to David Ortiz, which he shall use to pay Calixto Colon's funeral expenses. 2. The Clerk of Court is directed to issue a check for 80% of the remaining principal plus accrued interest to Isabelita Colon Bermudez. Ms. Bermudez shall use part of that sum to pay for Calixto Colon's headstone. 3. The Clerk of Court is directed to issue a check for 20% of the remaining principal plus accrued interest to Jackeline Moreno. 4. Having satisfied the requirements of 28 U.S.C. ยง 1335, MetLife's motion to be dismissed from this action and absolved of liability relating to the life-insurance benefits at issue is granted. 5. MetLife's motion for a permanent injunction restraining defendants from bringing any suit against it for the life-insurance benefits at issue is granted. 6. For the reasons stated on the record at the December 11, 2015 initial pretrial conference, MetLife's motion for attorneys' fees and costs is denied. 7. Funeral Express Funding having failed to appear, and the assignment of life-insurance benefits having been resolved by this Court's direction to David Ortiz, Funeral Express Funding is dismissed from this action. 8. The Clerk of Court is directed to terminate the motion pending at ECF No. 31 and mark this case closed. (Signed by Judge William H. Pauley, III on 2/5/2016) (mro) Modified on 2/5/2016 (mro). (Entered: 02/05/2016)
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| 37 |
Filed: 1/19/2016, Entered: None |
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LETTER addressed to Judge William H. Pauley, III from Randi F. Knepper, Esq. dated January 19, 2016 re: Letter Received from Defendant, Isabelita Colon Bermundez addressed to Your Honor. Document filed by Metropolitan Life Insurance Company. (Attachments: # 1 Letter from Defendant)(Knepper, Randi) (Entered: 01/19/2016)
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| 36 |
Filed: 12/16/2015, Entered: None |
Unknown Document Type |
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CERTIFICATE OF SERVICE of scheduling order served on Isabelita Bermundez, David Ortiz, Funeral Express Funding, Jackeline Moreno on 12/16/15. Service was made by mail. Document filed by Metropolitan Life Insurance Company. (Attachments: # 1 letter to defendants)(Knepper, Randi) (Entered: 12/16/2015)
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| 35 |
Filed: 12/14/2015, Entered: None |
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SCHEDULING ORDER: Counsel for Metropolitan Life Insurance Company ("Met Life") and Defendant David Ortiz, pro se, having participated by telephone in an initial pre-trial conference on December 11, 2015, this Court orders as follows: 1. All parties shall appear for a conference in Courtroom 20B at the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York, on February 5, 2016 at 10:30 a.m. 2. Met Life and Defendant pro se Isabelita Bermundez may appear by telephone. 3. Met Life shall provide all parties with a dial-in number for the conference. 4. Defendant pro se David Ortiz is directed to contact Bermundez's daughter to translate for Bermundez on the call. Status Conference set for 2/5/2016 at 10:30 AM in Courtroom 20B, 500 Pearl Street, New York, NY 10007 before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 12/14/2015) (lmb) (Entered: 12/14/2015)
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Filed: 12/11/2015, Entered: None |
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Minute Entry for proceedings held before Judge William H. Pauley, III: Pre-Motion Conference held on 12/11/2015. (Wood, Kyle)
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| 34 |
Filed: 11/23/2015, Entered: None |
Unknown Document Type |
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CERTIFICATE OF SERVICE of Notice of Motion served on David Ortiz, Jackeline Moreno, Isabelita Colon Bermundez, Funeral Express Funding on November 13, 2015. Service was made by Mail. Document filed by Metropolitan Life Insurance Company. (Knepper, Randi) (Entered: 11/23/2015)
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| 33 |
Filed: 11/23/2015, Entered: None |
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AFFIRMATION of Randi F. Knepper in Support re: 31 MOTION interpleader relief .. Document filed by Metropolitan Life Insurance Company. (Knepper, Randi) (Entered: 11/23/2015)
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| 32 |
Filed: 11/23/2015, Entered: None |
Unknown Document Type |
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MEMORANDUM OF LAW in Support re: 31 MOTION interpleader relief . . Document filed by Metropolitan Life Insurance Company. (Knepper, Randi) (Entered: 11/23/2015)
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| 31 |
Filed: 11/23/2015, Entered: None |
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MOTION interpleader relief . Document filed by Metropolitan Life Insurance Company. Return Date set for 12/11/2015 at 09:30 AM.(Knepper, Randi) (Entered: 11/23/2015)
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Filed: 11/20/2015, Entered: None |
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Randi Faith Knepper to RE-FILE Document 30 MOTION Interpleader . ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db)
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| 30 |
Filed: 11/13/2015, Entered: None |
Unknown Document Type |
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FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION Interpleader . Document filed by Metropolitan Life Insurance Company. Return Date set for 12/11/2015 at 09:30 AM. (Attachments: # 1 Affidavit, # 2 Affidavit, # 3 Text of Proposed Order, # 4 Affidavit)(Knepper, Randi) Modified on 11/20/2015 (db). (Entered: 11/13/2015)
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| 29 |
Filed: 11/4/2015, Entered: None |
Unknown Document Type |
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LETTER addressed to Judge William H. Pauley, III from Randi F. Knepper, Esq. dated November 4, 2015 re: Letter to Defendants serving order rescheduling the initial conference. Document filed by Metropolitan Life Insurance Company.(Knepper, Randi) (Entered: 11/04/2015)
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| 28 |
Filed: 10/30/2015, Entered: None |
Unknown Document Type |
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ANSWER to 1 Complaint. Document filed by Jackeline Moreno.(sc) (Entered: 11/02/2015)
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| 27 |
Filed: 10/30/2015, Entered: None |
Unknown Document Type |
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ANSWER to 1 Complaint. Document filed by Isabelita Colon Bermundez.(sc) (Entered: 11/02/2015)
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| 26 |
Filed: 10/30/2015, Entered: None |
Unknown Document Type |
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NOTICE OF PRO SE APPEARANCE by Isabelita Colon Bermundez. (sc) (Entered: 11/02/2015)
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| 25 |
Filed: 10/30/2015, Entered: None |
Unknown Document Type |
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NOTICE OF PRO SE APPEARANCE by Jackeline Moreno. (sc) (Entered: 11/02/2015)
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| 24 |
Filed: 10/30/2015, Entered: None |
Unknown Document Type |
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NOTICE OF PRO SE APPEARANCE by David Ortiz. (sc) (Entered: 11/02/2015)
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Filed: 10/29/2015, Entered: None |
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Set/Reset Deadlines: Motions due by 11/13/2015. Responses due by 11/23/2015. Replies due by 12/4/2015. (tn)
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| 23 |
Filed: 10/29/2015, Entered: None |
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ORDER granting 21 Letter Motion for Conference: The initial pre-trial conference scheduled for October 30, 2015 is adjourned to December 11, 2015 at 10:30 a.m. The parties may appear for the conference by telephone. Corporate defendant Funeral Express Funding must appear through counsel. Met Life shall post a dial-in number for the conference on ECF and serve a copy of that notice on all parties by first-class mail. Met Life's application for waiver of the pre-motion requirement is granted. Met Life shall file its motion for interpleader relief by November 13, 2015. Defendants shall file any opposition by November 23, 2015. If an opposition is filed, Met Life shall file any reply by December 4, 2015. Met Life shall serve copies of this Order on all defendants by first-class mail. Initial Conference set for 12/11/2015 at 10:30 AM before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 10/29/2015) (tn) (Entered: 10/29/2015)
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| 22 |
Filed: 10/28/2015, Entered: None |
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NOTICE OF APPEARANCE by Louis Philip DiGiaimo on behalf of Metropolitan Life Insurance Company. (DiGiaimo, Louis) (Entered: 10/28/2015)
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| 21 |
Filed: 10/23/2015, Entered: None |
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LETTER MOTION for Conference addressed to Judge William H. Pauley, III from Randi F. Knepper dated October 23, 2015. Document filed by Metropolitan Life Insurance Company.(Knepper, Randi) (Entered: 10/23/2015)
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Filed: 10/8/2015, Entered: None |
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CASHIERS OFFICE CRIS DEPOSIT dated 9/3/15, from Judge Judge William H. Pauley, III, $25,094.18 from METROPOLITAN LIFE deposited on 9/24/15, Receipt Number 465401135258 and placed into CRIS on 10/7/15. (dig)
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| 20 |
Filed: 9/24/2015, Entered: None |
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ENDORSED LETTER addressed to Judge William H. Pauley, III from Steve Calloway dated 9/16/15 re: Counsel requests permission to particiapte in the 10/30/15 conference via phone. ENDORSEMENT: Application denied. Defendant Express Funeral Funding, LLC should not contact this Court by personal letter, and must file submissions to this Court by ECF. Defendant is advised that it may not appear in this case without representation by a lawyer. See, e.g., Brogden v. Bize, No. 12-civ-1204 (WHP), 2014 WL 77479, at *2 n.3 (noting that LLCs "cannot represent [themselves] in litigation, and that failure to retain counsel for this purpose equally triggers the need for entry of a default.") (S.D.N.Y. Jan. 8, 2014) (citing Rowland v. Cal. Men's Colony, 506 U.S. 194, 202 (1993)). (Signed by Judge William H. Pauley, III on 9/24/2015) (mro) (Entered: 09/25/2015)
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| 19 |
Filed: 9/10/2015, Entered: None |
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WAIVER OF SERVICE RETURNED EXECUTED. Express Funeral Funding waiver sent on 7/22/2015, answer due 9/21/2015. Document filed by Metropolitan Life Insurance Company. (Knepper, Randi) (Entered: 09/10/2015)
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| 18 |
Filed: 9/10/2015, Entered: None |
Unknown Document Type |
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WAIVER OF SERVICE RETURNED EXECUTED. David Ortiz waiver sent on 7/22/2015, answer due 9/21/2015. Document filed by Metropolitan Life Insurance Company. (Knepper, Randi) (Entered: 09/10/2015)
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| 17 |
Filed: 9/3/2015, Entered: None |
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CIVIL ACTION-ORDER TO DEPOSIT SUM OF MONEY WITH THE COURT: NOW THEREFORE, it is on this 3rd day of September, 2015 ORDERED that the application to Deposit a Sum of Money with the Court shall be, and is hereby, granted; and it is further ORDERED that such sum, to wit, $25,000.00 plus any applicable interest, be deposited by the Clerk into the Registry of this Court as soon as the business of this office allows, and the Clerk shall deposit these funds into an interest~bearing account; and it is further ORDERED that the sums so invested in the interest-bearing account shall remain on deposit until further order of this Court; and it is further ORDERED that the Clerk shall deduct a fee for the handling of the funds, equal to ten percent (10%) of the income earned, but not to exceed the fee authorized by the Judicial Conference of the United States and set by the Director of the Administrative Offices, and without further order of the Court; and it is further ORDERED that a copy of this Order shall be served upon the Clerk of this Court, or upon the Financial Deputy Clerk. (A copy of this Order has been forwarded to the Finance Department.) (Signed by Judge William H. Pauley, III on 9/3/2015) (mro) Modified on 9/4/2015 (mro). (Entered: 09/04/2015)
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| 16 |
Filed: 8/31/2015, Entered: None |
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ORDER FOR INITIAL PRETRIAL CONFERENCE: This action has been assigned to District Judge William H. Pauley III for all purposes. Counsel are directed to appear in Courtroom 20B at the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York on October 30, 2015 at 10:00 a.m. for an initial pretrial conference with the Court for the purpose of discussing settlement, exploring contemplated motions, stipulating facts, narrowing issues, fixing a discovery schedule, and setting a date for trial as further set forth in this order. Initial Conference set for 10/30/2015 at 10:00 AM in Courtroom 20B, 500 Pearl Street, New York, NY 10007 before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 8/31/2015) (lmb) (Entered: 08/31/2015)
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| 15 |
Filed: 8/13/2015, Entered: None |
Unknown Document Type |
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WAIVER OF SERVICE RETURNED EXECUTED. Jackeline Moreno waiver sent on 7/22/2015, answer due 9/21/2015. Document filed by Metropolitan Life Insurance Company. (Knepper, Randi) (Entered: 08/13/2015)
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| 14 |
Filed: 8/6/2015, Entered: None |
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WAIVER OF SERVICE RETURNED EXECUTED. Document filed by Metropolitan Life Insurance Company. (Knepper, Randi) (Entered: 08/06/2015)
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| 13 |
Filed: 8/3/2015, Entered: None |
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FILING ERROR - DEFICIENT DOCKET ENTRY - WAIVER OF SERVICE RETURNED EXECUTED. Isabelita Colon Bermundez waiver sent on 7/22/2015, answer due 10/20/2015. Document filed by Metropolitan Life Insurance Company. (Knepper, Randi) Modified on 8/3/2015 (lb). (Entered: 08/03/2015)
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| 12 |
Filed: 7/27/2015, Entered: None |
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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.(Knepper, Randi) (Entered: 07/27/2015)
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Filed: 7/24/2015, Entered: None |
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Randi Faith Knepper to RE-FILE Document 3 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Corporate Parents were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). (ldi)
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| 11 |
Filed: 7/20/2015, Entered: None |
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ELECTRONIC SUMMONS ISSUED as to Isabelita Colon Bermundez. (jom) (Entered: 07/21/2015)
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| 10 |
Filed: 7/20/2015, Entered: None |
Unknown Document Type |
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ELECTRONIC SUMMONS ISSUED as to Express Funeral Funding. (jom) (Entered: 07/21/2015)
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| 9 |
Filed: 7/20/2015, Entered: None |
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ELECTRONIC SUMMONS ISSUED as to Jackeline Moreno. (jom) (Entered: 07/21/2015)
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| 8 |
Filed: 7/20/2015, Entered: None |
Unknown Document Type |
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REQUEST FOR ISSUANCE OF SUMMONS as to Isabelita Colon Bermundez, re: 1 Complaint. Document filed by Metropolitan Life Insurance Company. (Knepper, Randi) (Entered: 07/20/2015)
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| 7 |
Filed: 7/20/2015, Entered: None |
Unknown Document Type |
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REQUEST FOR ISSUANCE OF SUMMONS as to Funeral Express Funding, re: 1 Complaint. Document filed by Metropolitan Life Insurance Company. (Knepper, Randi) (Entered: 07/20/2015)
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| 6 |
Filed: 7/20/2015, Entered: None |
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REQUEST FOR ISSUANCE OF SUMMONS as to Jackeline Moreno, re: 1 Complaint. Document filed by Metropolitan Life Insurance Company. (Knepper, Randi) (Entered: 07/20/2015)
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Filed: 7/20/2015, Entered: None |
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Case Designated ECF. (rch)
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Filed: 7/20/2015, Entered: None |
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Magistrate Judge Henry B. Pitman is so designated. (rch)
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Filed: 7/20/2015, Entered: None |
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge William H. Pauley, III. 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. (rch)
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Filed: 7/20/2015, Entered: None |
Unknown Document Type |
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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): File each summons for parties listed on complaint separately. 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. (rch)
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Filed: 7/20/2015, Entered: None |
Unknown Document Type |
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***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Randi Faith Knepper. The following case opening statistical information was erroneously selected/entered: County code Albany. The following correction(s) have been made to your case entry: the County code has been modified to New York. (rch)
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| 5 |
Filed: 7/17/2015, Entered: None |
Unknown Document Type |
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ELECTRONIC SUMMONS ISSUED as to David Ortiz. (rch) (Entered: 07/20/2015)
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| Save 25% on a pre-paid one year subscription. |
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| 4 |
Filed: 7/17/2015, Entered: None |
Unknown Document Type |
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REQUEST FOR ISSUANCE OF SUMMONS as to David Oritz, Isabelita Colon Bermundez, Jackeline Moreno and Express Funeral Funding, re: 1 Complaint. Document filed by Metropolitan Life Insurance Company. (Attachments: # 1 summons, # 2 summons, # 3 summons)(Knepper, Randi) (Entered: 07/17/2015)
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| 3 |
Filed: 7/17/2015, Entered: None |
Unknown Document Type |
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FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Metropolitan Life Insurance Company.(Knepper, Randi) Modified on 7/24/2015 (ldi). (Entered: 07/17/2015)
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| 2 |
Filed: 7/17/2015, Entered: None |
Unknown Document Type |
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CIVIL COVER SHEET filed. (Knepper, Randi) (Entered: 07/17/2015)
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| 1 |
Filed: 7/17/2015, Entered: None |
Unknown Document Type |
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COMPLAINT against Isabelita Bermundez, Express Funeral Funding, Jackeline Moreno, David Ortiz. (Filing Fee $ 400.00, Receipt Number 0208-11166924)Document filed by Metropolitan Life Insurance Company.(Knepper, Randi) (Entered: 07/17/2015)
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