The Louis Berger Group, Inc. v. State Bank Of India

Federal Civil Lawsuit New York Southern District Court, Case No. 1:11-cv-00410
District Judge Victor Marrero, presiding
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Parties
No Logo The Louis Berger Group, Inc., Plaintiff

Represented by Goode Casseb Jones Riklin Choate & Watson, PC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED John E. Clark +1 210 733 6030 +1 210 733 0330 haumann@goodelaw.com

Represented by MCCUSKER, ANSELMI, ROSEN & CARVELLI, PC

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Andrew E. Anselmi +1 973 635 6300 +1 973 635 6363 aanselmi@marc-law.com
ATTORNEY TO BE NOTICED Paul Gerard McCusker +1 973 635 6300 +1 212 677 8978 pmcc@marcw.com
Other Parties
No Logo Progressive Constructions Limited, Intervenor

Represented by Kramer Levin Naftalis & Frankel LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Gregory Horowitz +1 212 715 9571 +1 212 715 8000 ghorowitz@kramerlevin.com
ATTORNEY TO BE NOTICED Joel Malen Taylor +1 212 715 9190 +1 212 715 8000 jtaylor@kramerlevin.com
Attributes
Citation Section 28 U.S.C. § 1332
Nature of Suit 190 - Contract: Other Contract Actions
Timeline
  Entries (51) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 51 Filed: None, Entered: None
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Legal Document (Payment Possibly Required) 50 Filed: 9/11/2012, Entered: None
NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, WITH prejudice against the defendant(s) All Parties. Document filed by The Louis Berger Group, Inc.. (Terry, James) (Entered: 09/11/2012)
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Legal Document (Payment Possibly Required) 49 Filed: 9/6/2012, Entered: None Court Filing
Letter addressed to Judge Alison J. Nathan from David Rabinowitz dated 9/4/2012 re: Counsel writes in response to the letter of plaintiff, The Louis Berger Group, Inc., of August 31. Counsel respectfully submits that State Bank of India should not be ordered to pay under the letter of credit until and unless all pending proceedings are finally resolved in favor of The Louis Berger Group, Inc.. Document filed by State Bank Of India. (jfe) (Entered: 09/07/2012)
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Legal Document (Payment Possibly Required) 48 Filed: 9/6/2012, Entered: None Court Filing
Letter addressed to Judge Alison J. Nathan from Michael S. Zetlin dated 8/31/2012 re: Counsel respectfully writes to update the joint status report submitted on 3/22/2012. LBG requests an Order lifting the stay of this action forthwith and either (i) directing SBI to honor its written obligations by immediate encashment of its letter of credit or (ii) scheduling a prompt conference herein. Document filed by The Louis Berger Group, Inc.(jfe) (Entered: 09/07/2012)
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Legal Document (Payment Possibly Required) 47 Filed: 9/6/2012, Entered: None Court Filing
Letter addressed to Judge Alison J. Nathan from Michael S. Zetlin dated 9/6/2012 re: Counsel writes in receipt of the letter dated 9/4/2012 in response to their letter of 8/31/2012. Document filed by The Louis Berger Group, Inc. (jfe) (Entered: 09/07/2012)
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Blank 46 Filed: 9/6/2012, Entered: None Court Filing
ORDER: A conference is scheduled in this matter for September 12, 2012, at 3:00pm. SO ORDERED. ( Initial Conference set for 9/12/2012 at 03:00 PM before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 9/06/2012) (ama) (Entered: 09/06/2012)
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Legal Document (Payment Possibly Required) 45 Filed: 9/6/2012, Entered: None
NOTICE OF APPEARANCE by James Joseph Terry, Jr on behalf of The Louis Berger Group, Inc. (Terry, James) (Entered: 09/06/2012)
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Legal Document (Payment Possibly Required) 44 Filed: 4/19/2012, Entered: None
NOTICE OF APPEARANCE by Douglas Allen Cooper on behalf of Progressive Constructions Limited (Cooper, Douglas) (Entered: 04/19/2012)
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Legal Document (Payment Possibly Required) 43 Filed: 3/14/2012, Entered: None
NOTICE OF APPEARANCE by Michael S. Zetlin on behalf of The Louis Berger Group, Inc. (Zetlin, Michael) (Entered: 03/14/2012)
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Legal Document (Payment Possibly Required) 42 Filed: 3/5/2012, Entered: None Court Filing
ORDER: WHEREAS this case was recently transferred to the undersigned, it is hereby ORDERED that unless notified otherwise by the Court, the parties should presume that any Scheduling Order or Case Management Plan remains in effect notwithstanding the case's transfer. However, any currently scheduled conferences with the Court are adjourned until further notification. IT IS FURTHER ORDERED that the parties submit a joint letter to the Court updating the Court on the status of the case no later than March 23, 2012. The parties are directed to the Court's Individual Practices (available at the Court's website, http://nysd.uscourts.gov/judge/Nathan) regarding the submission of letters. The status letter should address the subjects herein. (Signed by Judge Alison J. Nathan on 3/5/2012) (mro) (Entered: 03/05/2012)
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Legal Document (Payment Possibly Required) 41 Filed: 2/29/2012, Entered: None Court Filing
NOTICE OF CASE REASSIGNMENT to Judge Alison J. Nathan. Judge Victor Marrero is no longer assigned to the case. (pgu) (Entered: 02/29/2012)
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Legal Document (Payment Possibly Required) 40 Filed: 11/22/2011, Entered: None Court Filing
MEMO ENDORSEMENT on 37 Motion to Withdraw as Attorney. Request GRANTED. Attorneys Kramer Levin are authorized to withdraw as counsel to Intervenor Progressive Constructions Limited ("PLC"). PLC is directed to inform the Court within 30 days of the date of this order as to the designation of substitute counsel. The Clerk of Court is directed to terminate the motion under Docket No. 37. Attorney Matthew Charette Temkin; Gregory Aaron Horowitz and Joel Malen Taylor terminated. (Signed by Judge Victor Marrero on 11/22/2011) (ft) (Entered: 11/22/2011)
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Sealed Legal Document 39 Filed: 11/10/2011, Entered: None
SEALED DOCUMENT placed in vault.(nm) (Entered: 11/10/2011)
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Sealed Legal Document 38 Filed: 10/27/2011, Entered: None
SEALED DOCUMENT placed in vault.(mps) (Entered: 10/27/2011)
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Legal Document (Payment Possibly Required) 37 Filed: 10/24/2011, Entered: None
MOTION for Kramer Levin Naftalis & Frankel to Withdraw as Attorney and to File Supporting Affidavit Under Seal. Document filed by Progressive Constructions Limited.(Horowitz, Gregory) (Entered: 10/24/2011)
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Legal Document (Payment Possibly Required) 36 Filed: 8/9/2011, Entered: None Court Filing
DECISION AND ORDER granting 6 Motion to Intervene. The motion (Docket No. 6) of Progressive Constructions Limited to intervene in this matter and for a stay of this action pending resolution of an arbitration proceeding currently underway in New Jersey involving plaintiff The Lewis Berger Group, Inc. and defendant State Bank of India is GRANTED. (Signed by Judge Victor Marrero on 8/9/2011) (jar) (Entered: 08/09/2011)
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Blank 35 Filed: 8/1/2011, Entered: None Court Filing
ENDORSED LETTER addressed to Judge Victor Marrero from John E. Clark dated 7/29/11 re: Counsel for the plaintiff requests that the Court take no action on SBI-NY's letter request for a stay pending arbitration for the next two weeks so that before this Court makes an Order, it may have the benefit of the Indian appellate court decision. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by plaintiff. (Signed by Judge Victor Marrero on 7/29/2011) (mro) (Entered: 08/08/2011)
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Blank 34 Filed: 5/26/2011, Entered: None Court Filing
ENDORSED LETTER addressed to Judge Victor Marrero from Andrew Anselmi dated 5/19/11 re: Request to remove Paul McCusker as counsel to Louis Berger. ENDORSEMENT: Request GRANTED. The Clerk of Court is directed to remove attorney Paul McCusker as lead counsel for plaintiff as set forth above. (Signed by Judge Victor Marrero on 5/26/11) (cd) (Entered: 05/26/2011)
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Legal Document (Payment Possibly Required) 33 Filed: 5/6/2011, Entered: None
NOTICE OF APPEARANCE by David Mark Rabinowitz on behalf of State Bank Of India (Rabinowitz, David) (Entered: 05/06/2011)
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Legal Document (Payment Possibly Required) 32 Filed: 4/27/2011, Entered: None
NOTICE OF APPEARANCE by Matthew Charette Temkin on behalf of Progressive Constructions Limited (Temkin, Matthew) (Entered: 04/27/2011)
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Legal Document (Payment Possibly Required) 31 Filed: 4/20/2011, Entered: None
REPLY MEMORANDUM OF LAW in Support re: 6 MOTION to Intervene pursuant to Federal Rule of Civil Procedure 24(a)(2), or in the alternative 24(b)(1)(B). /Reply Memorandum of Law of Progressive Constructions Limited in Further Support of Its Motion to Intervene and for a Stay of Proceedings in This Action.pdf. Document filed by Progressive Constructions Limited. (Horowitz, Gregory) (Entered: 04/20/2011)
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Legal Document (Payment Possibly Required) 30 Filed: 4/19/2011, Entered: None Court Filing
ENDORSED LETTER addressed to Judge Victor Marrero from Joel Taylor dated 4/15/11 re: Request for leave to file an oversized reply brief. ENDORSEMENT: Request DENIED. So Ordered. (Signed by Judge Victor Marrero on 4/19/11) (cd) (Entered: 04/19/2011)
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Legal Document (Payment Possibly Required) 29 Filed: 4/15/2011, Entered: 4/15/2011 Declaration in Support of Motion
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Blank 28 Filed: 4/15/2011, Entered: 4/15/2011 Reply Memorandum of Law in Support of Motion
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Legal Document (Payment Possibly Required) 27 Filed: 4/7/2011, Entered: 4/7/2011 Notice of Substitution of Attorney
NOTICE of Substitution of Attorney. Old Attorney: Paul G. McCusker, Esq., New Attorney: Andrew E. Anselmi, Esq., Address: McCusker Anselmi Rosen & Carvelli, PC, 210 Park Avenue, Suite 301, Florham Park, NJ, USA 07932, (973) 635-6300. Document filed by The Louis Berger Group, Inc.. (Anselmi, Andrew)
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Blank 26 Filed: 4/6/2011, Entered: 4/6/2011 Endorsed LetterCourt Filing
ENDORSED LETTER addressed to Judge Victor Marrero from John E. Clark, and Andrew E. Anselmi, dated 4/4/2011, re: Counsel for the plaintiff, The Louis Berger Group, Inc, writes to request that SBI-NY's April 1, 2011 filing in support of the motion be stricken from the record. In the alternative, LBG requests that it be afforded the opportunity to file a response by April 15, 2011. ENDORSEMENT: Request GRANTED. Plaintiff is authorized to submit by 4-15-11 by letter brief not to exceed 3 pages, a response to the papers filed by the State Bank of India (SBI) herein that may address any NEW matters raised by SBI not argued by the parties in motion papers already filed. SO ORDERED. (Signed by Judge Victor Marrero on 4/6/2011) (lnl)
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Legal Document (Payment Possibly Required) 25 Filed: 4/4/2011, Entered: 4/4/2011 Declaration in Opposition to Motion
DECLARATION of John E. Clark in Opposition re: [6] MOTION to Intervene pursuant to Federal Rule of Civil Procedure 24(a)(2), or in the alternative 24(b)(1)(B).. Document filed by The Louis Berger Group, Inc.. (Anselmi, Andrew)
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Legal Document (Payment Possibly Required) 24 Filed: 4/4/2011, Entered: 4/4/2011 Declaration in Opposition to Motion
DECLARATION of Andrew V. Bailey, II in Opposition re: [6] MOTION to Intervene pursuant to Federal Rule of Civil Procedure 24(a)(2), or in the alternative 24(b)(1)(B).. Document filed by The Louis Berger Group, Inc.. (Attachments: # (1) Exhibit, # (2) Exhibit, # (3) Exhibit)(Anselmi, Andrew)
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Blank 23 Filed: 4/4/2011, Entered: 4/4/2011 Affidavit in Opposition to Motion
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - AFFIDAVIT of John E. Clark in Opposition re: [6] MOTION to Intervene pursuant to Federal Rule of Civil Procedure 24(a)(2), or in the alternative 24(b)(1)(B). Document filed by The Louis Berger Group, Inc. (Anselmi, Andrew) Modified on 4/4/2011 (ldi).
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Blank 22 Filed: 4/4/2011, Entered: 4/4/2011 Affidavit in Opposition to Motion
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - AFFIDAVIT of Andrew V. Bailey, II in Opposition re: [6] MOTION to Intervene pursuant to Federal Rule of Civil Procedure 24(a)(2), or in the alternative 24(b)(1)(B). Document filed by The Louis Berger Group, Inc. (Attachments: # (1) Exhibit, # (2) Exhibit, # (3) Exhibit)(Anselmi, Andrew) Modified on 4/4/2011 (ldi).
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Blank 21 Filed: 4/4/2011, Entered: 4/4/2011 Memorandum of Law in Opposition to Motion
MEMORANDUM OF LAW in Opposition re: [6] MOTION to Intervene pursuant to Federal Rule of Civil Procedure 24(a)(2), or in the alternative 24(b)(1)(B).. Document filed by The Louis Berger Group, Inc.. (Anselmi, Andrew)
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Blank 20 Filed: 4/1/2011, Entered: 4/1/2011 Memorandum of Law in Opposition to Motion
FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: [6] MOTION to Intervene pursuant to Federal Rule of Civil Procedure 24(a)(2), or in the alternative 24(b)(1)(B). Document filed by The Louis Berger Group, Inc. (Attachments: # (1) Affidavit Declaration of Andrew Bailey, # (2) Exhibit Exhibit A-D to Declaration of Andrew Bailey, # (3) Exhibit Exhibit E-F to Declaration of Andrew Bailey, # (4) Exhibit Exhibit G-H to Declaration of Andrew Bailey, # (5) Affidavit Declaration of John Clark with Exhibit A)(Anselmi, Andrew) Modified on 4/4/2011 (ldi).
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Blank 19 Filed: 4/1/2011, Entered: 4/1/2011 Memorandum of Law
MEMORANDUM OF LAW in Support re: [6] MOTION to Intervene pursuant to Federal Rule of Civil Procedure 24(a)(2), or in the alternative 24(b)(1)(B).. Document filed by State Bank Of India. (Rabinowitz, David)
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Legal Document (Payment Possibly Required) 18 Filed: 3/22/2011, Entered: 3/22/2011 Order on Motion to Appear Pro Hac ViceCourt Filing
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting [16] Motion for Andrew E. Anselmi to Appear Pro Hac Vic on behalf of The Louis Berger Group, Inc.Counsel shall forward the pro hac vice fee to the Clerk of the Court. (Signed by Judge Victor Marrero on 3/21/11) (djc)
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Blank 17 Filed: 3/18/2011, Entered: 3/18/2011 Memorandum of Law
MEMORANDUM OF LAW in Support re: [6] MOTION to Intervene pursuant to Federal Rule of Civil Procedure 24(a)(2), or in the alternative 24(b)(1)(B). /Memorandum of Law of Progressive Constructions Limited in Support of its Motion to Intervene and for a Stay of Proceedings in this Action. Document filed by Progressive Constructions Limited. (Horowitz, Gregory)
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Legal Document (Payment Possibly Required) 16 Filed: 3/15/2011, Entered: 3/17/2011, Terminated: 3/22/2011 Motion to Appear Pro Hac Vice
MOTION for Andrew E. Anselmi to Appear Pro Hac Vice. Document filed by The Louis Berger Group, Inc.(mro)
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Blank 15 Filed: 3/7/2011, Entered: 3/7/2011 Endorsed LetterCourt Filing
ENDORSED LETTER addressed to Judge Victor Marrero from John E. Clark dated 3/7/2011 re: The parties propose the following schedule: March 18, 2011 - Supporting papers in support of the motion to intervene and for a stay shall be submitted. April 1, 2011- Opposition and/or Cross-motions shall be filed. April 15- Replies shall be filed. ENDORSEMENT: Request GRANTED. The briefing schedule with regard to the motion for intervention and a stay herein is extended as set forth herein: motion papers submitted by 3/18/2011; response 4/1/2011, reply 4/15/2011. The Court considers any motion for summary judgment premature at this time. Upon consideration of any motion filed the Court could convert it to one for summary judgment is appropriate. (Signed by Judge Victor Marrero on 3/7/2011) (jpo)
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Blank 14 Filed: 3/1/2011, Entered: 3/1/2011 Endorsed LetterCourt Filing
ENDORSED LETTER: addressed to Judge Victor Marrero from John E. Clark dated 2/18/2011 re: Counsel for plaintiff writes it is respectfully urged that this Honorable Court should Order that SBI-NY pay the proceeds of the L to LBG. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by plaintiff. (Signed by Judge Victor Marrero on 2/28/11) (js)
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Blank 13 Filed: 2/28/2011, Entered: 2/28/2011 OrderCourt Filing
ORDER: It is hereby Ordered that the Order to Show Cause filed by proposed intervenor Progressive Constructions Limited is DENIED to the extent that it seeks a preliminary injunction. It is further Ordered that the parties and Progressive are directed to confer and, by 3/7/11, submit to the Court a proposed briefing schedule regarding the information set forth within this Order. (Signed by Judge Victor Marrero on 2/28/2011) (jfe)
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Legal Document (Payment Possibly Required) 12 Filed: 2/28/2011, Entered: 2/28/2011 TranscriptCourt Filing
TRANSCRIPT of proceedings held on 2/17/11 before Judge Victor Marrero. (ama)
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Blank 11 Filed: 2/16/2011, Entered: 2/16/2011 Memorandum of Law in Opposition to Motion
MEMORANDUM OF LAW in Opposition re: [6] MOTION to Intervene pursuant to Federal Rule of Civil Procedure 24(a)(2), or in the alternative 24(b)(1)(B).. Document filed by The Louis Berger Group, Inc.. (Attachments: # (1) Affidavit, # (2) Exhibit, # (3) Exhibit, # (4) Exhibit)(McCusker, Paul)
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Blank 10 Filed: 2/14/2011, Entered: 2/14/2011 Endorsed LetterCourt Filing
ENDORSED LETTER addressed to Judge Victor Marrero from Gregory A. Horowitz, dated 2/11/2011, re: We represent Progressive Constructions Ltd. ("PCL"), which has moved to intervene in the above referenced matter. We write to respond to the letter submitted by The Louis Berger Oroup, Inc. ("LBO") to this Court on February 4, 2011. As explained below, PCL agrees with LBO that venue is proper in the Southern District of New York, but will be moving for an order from this Court maintaining the status quo and staying further proceedings pending completion of the arbitration, the results of which will necessarily moot this action. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Progressive Construction Ltd. SO ORDERED. (Signed by Judge Victor Marrero on 2/14/2011) (lnl)
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Blank 9 Filed: 2/14/2011, Entered: 2/14/2011 Endorsed LetterCourt Filing
ENDORSED LETTER addressed to Judge Victor Marrero from David Rabinowitz, dated 2/11/2011, re: Counsel to State Bank of India, New York Branch ("SBI"), the issuer of the letter of credit at issue in this case, writes to request that SBI be permitted to move the Court to stay this case pending the resolution of the prior actions in India and New Jersey. ENDORSEMENT: SO ORDERED. Plaintiff and intervenors are directed to respond by 2-17-11, by letter no to exceed 3 pages, to the request of defendant set forth herein. (Signed by Judge Victor Marrero on 2/14/2011) (lnl)
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Legal Document (Payment Possibly Required) 8 Filed: 1/27/2011, Entered: 1/27/2011 Memorandum of Law
MEMORANDUM OF LAW in Support re: [6] MOTION to Intervene pursuant to Federal Rule of Civil Procedure 24(a)(2), or in the alternative 24(b)(1)(B).. Document filed by Progressive Constructions Limited. (Taylor, Joel)
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Legal Document (Payment Possibly Required) 7 Filed: 1/27/2011, Entered: 1/27/2011 Declaration in Support of Motion
DECLARATION of Joel M. Taylor in Support re: [6] MOTION to Intervene pursuant to Federal Rule of Civil Procedure 24(a)(2), or in the alternative 24(b)(1)(B).. Document filed by Progressive Constructions Limited. (Attachments: # (1) Exhibit A (Part 1), # (2) Exhibit A (Part 2), # (3) Exhibit A (Part 3), # (4) Exhibit A (Part 4), # (5) Exhibit A (Part 5), # (6) Exhibit B)(Taylor, Joel)
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Legal Document (Payment Possibly Required) 6 Filed: 1/27/2011, Entered: 1/27/2011 Motion to Intervene
MOTION to Intervene pursuant to Federal Rule of Civil Procedure 24(a)(2), or in the alternative 24(b)(1)(B). Document filed by Progressive Constructions Limited.(Taylor, Joel)
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Legal Document (Payment Possibly Required) 5 Filed: 1/27/2011, Entered: 1/27/2011 Rule 7.1 Corporate Disclosure Statement
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Progressive Constructions Limited.(Taylor, Joel)
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Legal Document (Payment Possibly Required) 4 Filed: 1/27/2011, Entered: 1/27/2011 Notice of Appearance
NOTICE OF APPEARANCE by Joel Malen Taylor on behalf of Progressive Constructions Limited (Taylor, Joel)
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Legal Document (Payment Possibly Required) 3 Filed: 1/27/2011, Entered: 1/27/2011 Notice of Appearance
NOTICE OF APPEARANCE by Gregory Aaron Horowitz on behalf of Progressive Constructions Limited (Horowitz, Gregory)
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Legal Document (Payment Possibly Required) 2 Filed: 1/20/2011, Entered: 1/20/2011 Rule 7.1 Corporate Disclosure Statement
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Louis Berger Group, Inc.(ama)
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Legal Document (Payment Possibly Required) 1 Filed: 1/20/2011, Entered: 1/20/2011 Complaint
COMPLAINT against State Bank Of India. (Filing Fee $ 350.00, Receipt Number 927505)Document filed by The Louis Berger Group, Inc.(ama)
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