Federal District Appellate Supreme
District Of Columbia District Court Court of Appeals for the D.C. Circuit United States Supreme Court

TOREN v. FEDERAL REPUBLIC OF GERMANY

Federal Civil Lawsuit District Of Columbia District Court, Case No. 1:16-cv-01885
District Judge Richard J. Leon, presiding
Tags
District Judge Richard J. Leon
Last Updated July 28, 2025 at 5:23 PM EDT (7.6 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Anonymized Party [428EFF7], Plaintiff

Represented by BIENSTOCK PLLC

Name Phone Fax E-Mail
Space Martin Bienstock mbienstock@bienstockpllc.com

Represented by LAW OFFICE OF PETER TOREN

Name Phone Fax E-Mail
Space Peter J. Toren torenpeter@gmail.com

Represented by Robbins Rusell Englert Orseck Untereiner & Sauber, LLP

Name Phone Fax E-Mail
Space ARIEL N. LAVINBUK +1 202 775 4500 +1 202 775 4510 alavinbuk@robbinsrussell.com
Space PHV Gary A. Orseck +1 202 775 4504 +1 202 775 4510 gorseck@robbinsrussell.com
Space David Hunter Smith +1 203 787 3513 +1 203 789 1605 hsmith@robbinsrussell.com

Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Daniel N. Lerman daniel.lerman@usdoj.gov

Represented by Weisbrod Matteis & Copley, PLLC

Name Phone Fax E-Mail
Space August J. Matteis amatteis@wmclaw.com
No Logo David Toren, Plaintiff

Represented by Weisbrod Matteis & Copley, PLLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED August J. Matteis, Jr. +1 202 772 2200 +1 202 772 1924 amatteis@wmclaw.com
No Logo Peter Toren, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Jason A. Shaffer +1 202 471 3893 +1 202 775 4510 jshaffer@kramerlevin.com

Represented by Kramer Levin Naftalis & Frankel LLP

Name Phone Fax E-Mail
Space Ariel N. Lavinbuk +1 202 775 4515 alavinbuk@kramerlevin.com
Space Gary A. Orseck +1 202 775 4500 gorseck@kramerlevin.com

Represented by petertoren.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Peter J Toren +1 202 499 7900 +1 202 478 1795 ptoren@wmclaw.com

Represented by Robbins Rusell Englert Orseck Untereiner & Sauber, LLP

Name Phone Fax E-Mail
Space David Hunter Smith +1 203 787 3513 +1 203 789 1605 hsmith@robbinsrussell.com

Represented by Weisbrod Matteis & Copley, PLLC

Name Phone Fax E-Mail
Space Peter J Toren +1 202 499 7900 +1 202 478 1795 ptoren@wmclaw.com
v.
No Logo Department of Culture and Media of the Chancellory of the Republic of Germany, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space JEFFREY HARRIS
No Logo Federal Ministry for Economic Affairs and Energy for the Federal Republic of Germany, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space JEFFREY HARRIS
No Logo Federal Ministry of Finance for the Federal Republic of Germany, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space JEFFREY HARRIS
No Logo Federal Republic Of Germany, Defendant

Represented by Rubin Winston Diercks Harris & Cooke LLP

Name Phone Fax E-Mail
Space Walter Elmer Diercks +1 202 861 0870 +1 202 429 0657 wdiercks@rwdhc.com
Space Jeffrey Harris +1 202 861 0870 +1 202 429 0657 jharris@rwdhc.com
Attributes
Citation Section 28 U.S.C. § 1330
Nature of Suit 380 - Personal Property: Other Personal Property Damage
Office Washington, DC
Filed 9/20/2016
Jury Demand None
Demand
Jurisdiction Diversity
Disposition
County 11001
Terminated
Origin 1
Reopened
Lead Case
None
Related Case
None
Other Court Case 22-7127[]
Defendant Custody Status
Flags APPEAL,STAYED,TYPE-E
Case Status open
Anonymization By SCALES
Timeline
  Entries (95) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 64 Filed: 12/6/2023, Entered: None USCA Mandate
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Legal Document (Payment Possibly Required) 8 Filed: 7/20/2017, Entered: None Notice of Withdrawal of Appearance
NOTICE OF WITHDRAWAL OF APPEARANCE as to DAVID TOREN. Attorney Martin Bienstock and August J. Matteis, Jr terminated. (znmw) (Entered: 07/21/2017)
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Legal Document (Payment Possibly Required)  Filed: 3/5/2018, Entered: None Unknown Document Type
MINUTE ORDER. Upon consideration of 20 Motion for Leave to Notice Plaintiff's Deposition, it is hereby ORDERED that the motion is GRANTED for good cause shown; plaintiff shall be permitted to notice his deposition in advance of the Rule 26(f) conference. In light of the filing of plaintiff's 17 First Amended Complaint and 19 Defendant's Motion to Dismiss the Amended Complaint, it is further ORDERED that 13 Defendants' Motion to Dismiss the Complaint is DENIED AS MOOT. SO ORDERED. Signed by Judge Richard J. Leon on 3/5/2018. (lcrjl1)
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Legal Document (Payment Possibly Required)  Filed: 11/30/2017, Entered: None Unknown Document Type
MINUTE ORDER granting 14 Plaintiff's Unopposed Motion for Extension of Time. It is hereby ORDERED that the motion is GRANTED. Plaintiff shall file his response to 13 Defendants' Motion to Dismiss on or before January 26, 2018. Signed by Judge Richard J. Leon on 11/30/2017. (lcrjl1)
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Legal Document (Payment Possibly Required)  Filed: 9/20/2016, Entered: None Unknown Document Type
Case Assigned to Judge Richard J. Leon. (zmd)
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Blank  Filed: None, Entered: None USCA Case Number
USCA Case Number 22-7127 for [62] Notice of Appeal to DC Circuit Court filed by PETER TOREN. (zed)
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Legal Document (Payment Possibly Required) 63 Filed: 9/19/2022, Entered: 9/19/2022 transmission of notice of appeal and docket sheet to USCA
Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid re [62] Notice of Appeal to DC Circuit Court. (zed)
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Legal Document (Payment Possibly Required) 62 Filed: 9/16/2022, Entered: 9/16/2022 Notice of Appeal to DC Circuit Court
NOTICE OF APPEAL TO DC CIRCUIT COURT as to [61] Order on Motion to Dismiss by PETER TOREN. Filing fee $ 505, receipt number ADCDC-9526151. Fee Status: Fee Paid. Parties have been notified. (Orseck, Gary)
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Legal Document (Payment Possibly Required) 61 Filed: 8/24/2022, Entered: 8/24/2022 Order on Motion to DismissCourt Filing
ORDER. The Clerk is directed to close the case. Signed by Judge Richard J. Leon on 08/23/2022. (lcrjl1)
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Memorandum and Opinion with OCR 60 Filed: 8/24/2022, Entered: 8/24/2022 Memorandum and OpinionCourt Filing
MEMORANDUM OPINION. Signed by Judge Richard J. Leon on 08/23/2022. (lcrjl1)
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Legal Document (Payment Possibly Required) 59 Filed: 8/12/2022, Entered: 8/12/2022 Response to Document
RESPONSE re [57] NOTICE OF SUPPLEMENTAL AUTHORITY filed by PETER TOREN. (Orseck, Gary)
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Legal Document (Payment Possibly Required) 58 Filed: 8/12/2022, Entered: 8/12/2022 Notice of Appearance
NOTICE of Appearance by Jason A Shaffer on behalf of PETER TOREN (Shaffer, Jason)
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Legal Document (Payment Possibly Required) 57 Filed: 7/27/2022, Entered: 7/27/2022 Notice of Supplemental Authority
NOTICE OF SUPPLEMENTAL AUTHORITY by FEDERAL REPUBLIC OF GERMANY (Diercks, Walter) (Main Document 57 replaced on 7/28/2022) (rj). Modified on 7/28/2022 to flatten pdf (rj).
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Legal Document (Payment Possibly Required) 56 Filed: 1/26/2022, Entered: 1/26/2022 Notice of Withdrawal of Appearance
NOTICE OF WITHDRAWAL OF APPEARANCE as to PETER TOREN. Attorney Anna Lynn Deffebach terminated. (Deffebach, Anna)
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Legal Document (Payment Possibly Required) 55 Filed: 10/25/2021, Entered: 10/25/2021 Reply to opposition to Motion
REPLY to opposition to motion re [51] MOTION to Dismiss Second Amended Complaint filed by FEDERAL REPUBLIC OF GERMANY. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3)(Diercks, Walter)
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Legal Document (Payment Possibly Required) 54 Filed: 10/12/2021, Entered: 10/12/2021 Notice of change of address
NOTICE of Change of Address by Peter J. Toren (Toren, Peter)
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Legal Document (Payment Possibly Required) 53 Filed: 10/11/2021, Entered: 10/11/2021 Memorandum in opposition
Memorandum in opposition to re [51] MOTION to Dismiss Second Amended Complaint filed by PETER TOREN. (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) Text of Proposed Order)(Orseck, Gary)
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Legal Document (Payment Possibly Required) 52 Filed: 10/4/2021, Entered: 10/4/2021 Notice (other)
NOTICE of withdrawal of counsel by DAVID TOREN (Smith, David)
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Legal Document (Payment Possibly Required) 51 Filed: 9/9/2021, Entered: 9/9/2021, Terminated: 8/24/2022 Motion to Dismiss
MOTION to Dismiss Second Amended Complaint by FEDERAL REPUBLIC OF GERMANY. (Attachments: # (1) Exhibit Exhibit A, # (2) Text of Proposed Order)(Diercks, Walter)
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Legal Document (Payment Possibly Required) 50 Filed: 9/9/2021, Entered: 9/9/2021 Errata
ERRATA Regarding Exhibits to Second Amended Complaint by PETER TOREN re [49] Amended Complaint filed by PETER TOREN. (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, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L)(Orseck, Gary)
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Legal Document (Payment Possibly Required) 49 Filed: 8/10/2021, Entered: 8/13/2021 Amended Complaint
SECOND AMENDED COMPLAINT against FEDERAL REPUBLIC OF GERMANY filed by PETER TOREN.(zjf)
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Blank  Filed: None, Entered: None ***Set/Reset Deadlines
Set/Reset Deadlines: Defendant's motion to dismiss due by 9/9/2021. Plaintiff's Opposition due by 10/11/2021. Defendant's Reply due by 10/25/2021. (hmc)
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Blank  Filed: None, Entered: None Order on Motion For Leave to File.
MINUTE ORDER. Upon consideration of plaintiff's [47] Unopposed Motion to File a Second Amended Complaint and for a Briefing Schedule, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the Clerk shall file on the docket plaintiff's [47-1] Second Amended Complaint. It is further ORDERED that defendant shall file its motion to dismiss on or before September 9, 2021; plaintiff shall file its opposition to the motion to dismiss on or before October 11, 2021; and defendant shall file its reply to plaintiff's opposition on or before October 25, 2021. SO ORDERED. Signed by Judge Richard J. Leon on 8/10/2021. (lcrjl1)
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Legal Document (Payment Possibly Required) 48 Filed: 8/4/2021, Entered: 8/4/2021 Notice of Appearance
NOTICE of Appearance by Anna Deffebach on behalf of PETER TOREN (Deffebach, Anna)
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Legal Document (Payment Possibly Required) 47 Filed: 8/3/2021, Entered: 8/3/2021, Terminated: 8/10/2021 Motion for Leave to File
Unopposed MOTION for Leave to File a Second Amended Complaint, Unopposed MOTION for Scheduling Order by PETER TOREN. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Text of Proposed Order)(Orseck, Gary)
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Blank  Filed: 2/9/2021, Entered: 2/9/2021
NOTICE OF ERROR re 45 Notice (Other); emailed to gorseck@robbinsrussell.com, cc'd 8 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry, 2. DO NOT REFILE(FYI) - Counsel is reminded to docket all parts of their filing (zjf, )
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Blank  Filed: None, Entered: None Notice of QC
NOTICE OF ERROR re [45] Notice (Other); emailed to gorseck@robbinsrussell.com, cc'd 8 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry, 2. DO NOT REFILE(FYI) - Counsel is reminded to docket all parts of their filing (zjf, )
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Blank 46 Filed: 2/8/2021, Entered: 2/9/2021
MOTION for Briefing Schedule by PETER 428EFF7. (See Docket Entry 45 to view document) (zjf)
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Legal Document (Payment Possibly Required) 45 Filed: 2/8/2021, Entered: 2/8/2021
NOTICE of Recent Decisions and Request for Entry of Briefing Schedule by PETER 428EFF7 (Attachments: # 1 Exhibit, # 2 Exhibit)(Orseck, Gary)
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Blank  Filed: 7/27/2020, Entered: 7/27/2020
MINUTE ORDER. Upon consideration of 40 plaintiff's Motion to Substitute, it is hereby ORDERED that the motion is GRANTED. Under Federal Rule of Civil Procedure 25(a), if a party dies and the claim is not extinguished, the court may order substitution of a proper party upon the party's motion. Peter 428EFF7 is named in his father 428EFF7 will as the executor of his estate, but he has not yet been formally appointed as executor because New York proceedings are delayed due to the ongoing pandemic. Nevertheless, our Circuit and other circuits have interpreted "proper party" to include a person named in a will as the executor of the decedent's estate, even if the will has not been probated. See McSurely v. McClellan, 753 F.2d 88, 99 (D.C. Cir. 1985); In re Baycol Prods. Litig., 616 F.3d 778, 783-84 (8th Cir. 2010). Our Circuit has dispensed with the need for "unwarranted rigidity" in its interpretation of Rule 25. Rende v. Kay, 415 F.2d 983, 986 (D.C. Cir. 1969). Indeed, "a proper party need not necessarily be the appointed executor or administrator of the deceased party's estate" at all. Sinito v. DOJ, 176 F.3d 512, 516 (D.C. Cir. 1999). Defendant focuses on the Court's May 27, 2020 Minute Order, but the decision to substitute a party is a discretionary one, and the Court is in no way bound by its prior suggestion that it would substitute parties once the deceased plaintiff's son was formally appointed as the executor of his father's estate. The Court sees no reason to wait and many reasons not to, namely avoiding additional delay and expense. For these reasons, the Clerk is directed to substitute Peter 428EFF7 as the plaintiff in this case. SO ORDERED. Signed by Judge Richard J. Leon on 7/27/2020. (lcrjl2)
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Blank  Filed: None, Entered: None Order on Motion to Substitute Party
MINUTE ORDER. Upon consideration of [40] plaintiff's Motion to Substitute, it is hereby ORDERED that the motion is GRANTED. Under Federal Rule of Civil Procedure 25(a), if a party dies and the claim is not extinguished, the court may order substitution of a proper party upon the party's motion. Peter Toren is named in his father David Toren's will as the executor of his estate, but he has not yet been formally appointed as executor because New York proceedings are delayed due to the ongoing pandemic. Nevertheless, our Circuit and other circuits have interpreted "proper party" to include a person named in a will as the executor of the decedent's estate, even if the will has not been probated. See McSurely v. McClellan, 753 F.2d 88, 99 (D.C. Cir. 1985); In re Baycol Prods. Litig., 616 F.3d 778, 783-84 (8th Cir. 2010). Our Circuit has dispensed with the need for "unwarranted rigidity" in its interpretation of Rule 25. Rende v. Kay, 415 F.2d 983, 986 (D.C. Cir. 1969). Indeed, "a proper party need not necessarily be the appointed executor or administrator of the deceased party's estate" at all. Sinito v. DOJ, 176 F.3d 512, 516 (D.C. Cir. 1999). Defendant focuses on the Court's May 27, 2020 Minute Order, but the decision to substitute a party is a discretionary one, and the Court is in no way bound by its prior suggestion that it would substitute parties once the deceased plaintiff's son was formally appointed as the executor of his father's estate. The Court sees no reason to wait and many reasons not to, namely avoiding additional delay and expense. For these reasons, the Clerk is directed to substitute Peter Toren as the plaintiff in this case. SO ORDERED. Signed by Judge Richard J. Leon on 7/27/2020. (lcrjl2)
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Legal Document (Payment Possibly Required) 44 Filed: 7/15/2020, Entered: 7/15/2020
RESPONSE re 43 NOTICE OF SUPPLEMENTAL AUTHORITY filed by Peter J. 428EFF7. (Orseck, Gary)
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Legal Document (Payment Possibly Required) 43 Filed: 7/6/2020, Entered: 7/6/2020
NOTICE OF SUPPLEMENTAL AUTHORITY by FEDERAL REPUBLIC OF GERMANY (Attachments: # 1 Exhibit)(Diercks, Walter)
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Legal Document (Payment Possibly Required) 42 Filed: 6/22/2020, Entered: 6/22/2020
REPLY to opposition to motion re 40 MOTION to Substitute Party filed by Peter J. 428EFF7. (Orseck, Gary)
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Legal Document (Payment Possibly Required) 41 Filed: 6/17/2020, Entered: 6/17/2020
Memorandum in opposition to re 40 MOTION to Substitute Party filed by FEDERAL REPUBLIC OF GERMANY. (Attachments: # 1 Text of Proposed Order)(Diercks, Walter)
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Legal Document (Payment Possibly Required) 40 Filed: 6/3/2020, Entered: 6/3/2020, Terminated: 7/27/2020
MOTION to Substitute Party by Peter J. 428EFF7 (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Orseck, Gary)
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Blank  Filed: 5/27/2020, Entered: 5/27/2020
MINUTE ORDER. Upon consideration of 38 Defendant's Motion to Cancel Oral Argument and to Stay Case, it is hereby ORDERED that the motion is GRANTED. The hearing currently set for tomorrow, May 28, 2020 at 4:00 PM is VACATED, and this case is STAYED. Counsel for plaintiff is directed to immediately notify the Court if and when plaintiff's son is formally appointed as executor of his father's estate so that oral argument on the pending motion to dismiss can be rescheduled. SO ORDERED. Signed by Judge Richard J. Leon on 5/27/20. (lcrjl1)
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Legal Document (Payment Possibly Required) 39 Filed: 5/27/2020, Entered: 5/27/2020
NOTICE OF SUPPLEMENTAL AUTHORITY by FEDERAL REPUBLIC OF GERMANY (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Diercks, Walter)
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Legal Document (Payment Possibly Required) 38 Filed: 5/27/2020, Entered: 5/27/2020, Terminated: 5/27/2020
MOTION to Continue Oral Argument set for May 28, 2020 , MOTION to Stay re 19 MOTION to Dismiss for Lack of Jurisdiction the Amended Complaint by FEDERAL REPUBLIC OF GERMANY (Attachments: # 1 Text of Proposed Order)(Diercks, Walter). Added MOTION to Continue on 5/27/2020 (zjf).
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Blank  Filed: None, Entered: None Order on Motion to stay
MINUTE ORDER. Upon consideration of [38] Defendant's Motion to Cancel Oral Argument and to Stay Case, it is hereby ORDERED that the motion is GRANTED. The hearing currently set for tomorrow, May 28, 2020 at 4:00 PM is VACATED, and this case is STAYED. Counsel for plaintiff is directed to immediately notify the Court if and when plaintiff's son is formally appointed as executor of his father's estate so that oral argument on the pending motion to dismiss can be rescheduled. SO ORDERED. Signed by Judge Richard J. Leon on 5/27/20. (lcrjl1)
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Blank  Filed: 5/26/2020, Entered: 5/26/2020
Set/Reset Hearing: Telephonic Hearing on 19 Defendant's Motion to Dismiss is reset for 5/28/2020 at 4:00 PM before Judge Richard J. Leon. The same dial in telephone number and pass code will be used for the Hearing. (jth)
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Blank  Filed: None, Entered: None set/reset hearings
Set/Reset Hearing: Telephonic Hearing on [19] Defendant's Motion to Dismiss is reset for 5/28/2020 at 4:00 PM before Judge Richard J. Leon. The same dial in telephone number and pass code will be used for the Hearing. (jth)
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Legal Document (Payment Possibly Required) 37 Filed: 5/22/2020, Entered: 5/22/2020
SUGGESTION OF DEATH Upon the Record by Peter J. 428EFF7. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Orseck, Gary)
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Blank  Filed: 5/22/2020, Entered: 5/22/2020
MINUTE ORDER. It is hereby ORDERED that the telephonic hearing on 19 defendant's motion to dismiss currently set for May 27, 2020 at 3:00 PM is reset for May 28, 2020 at 4:00 PM. SO ORDERED. Signed by Judge Richard J. Leon on 5/22/20. (lcrjl1)
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Blank  Filed: None, Entered: None Order
MINUTE ORDER. It is hereby ORDERED that the telephonic hearing on [19] defendant's motion to dismiss currently set for May 27, 2020 at 3:00 PM is reset for May 28, 2020 at 4:00 PM. SO ORDERED. Signed by Judge Richard J. Leon on 5/22/20. (lcrjl1)
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Legal Document (Payment Possibly Required) 36 Filed: 5/19/2020, Entered: 5/19/2020 Court Filing
TRANSCRIPT OF STATUS HEARING PROCEEDINGS before Judge Richard J. Leon held on February 6, 2020; Page Numbers: 1-13. Date of Issuance: May 19, 2020. Court Reporter/Transcriber: William Zaremba; Telephone number: (202) 354-3249. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the cou rt reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, PDF or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 6/9/2020. Redacted Transcript Deadline set for 6/19/2020. Release of Transcript Restriction set for 8/17/2020.(wz)
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Blank  Filed: 5/12/2020, Entered: 5/12/2020
Set/Reset Hearing: Telephonic Hearing on 19 Defendant's Motion to Dismiss is set for 5/27/2020 at 3:00 PM before Judge Richard J. Leon. (jth)
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Blank  Filed: None, Entered: None set/reset hearings
Set/Reset Hearing: Telephonic Hearing on [19] Defendant's Motion to Dismiss is set for 5/27/2020 at 3:00 PM before Judge Richard J. Leon. (jth)
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Blank  Filed: 5/12/2020, Entered: 5/12/2020
MINUTE ORDER. It is hereby ORDERED that the status conference currently set for May 14, 2020 is VACATED. A telephonic hearing on 19 defendant's motion to dismiss is set for May 27, 2020 at 3:00 PM before Judge Richard J. Leon. The Deputy Clerk will contact the parties regarding the procedures for participating in the telephonic hearing. SO ORDERED. Signed by Judge Richard J. Leon on 5/12/20. (lcrjl1)
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Blank  Filed: None, Entered: None Order
MINUTE ORDER. It is hereby ORDERED that the status conference currently set for May 14, 2020 is VACATED. A telephonic hearing on [19] defendant's motion to dismiss is set for May 27, 2020 at 3:00 PM before Judge Richard J. Leon. The Deputy Clerk will contact the parties regarding the procedures for participating in the telephonic hearing. SO ORDERED. Signed by Judge Richard J. Leon on 5/12/20. (lcrjl1)
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Legal Document (Payment Possibly Required) 35 Filed: 3/27/2020, Entered: 3/27/2020
NOTICE OF SUPPLEMENTAL AUTHORITY by 428EFF7 (Attachments: # 1 Exhibit A)(Orseck, Gary)
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Blank  Filed: None, Entered: None Status Conference
Minute Entry for proceedings held before Judge Richard J. Leon: Case was called for a Motions Hearing, but was not held. Status Conference held on 2/6/2020. Another Status Conference is set for 5/14/2020 at 3:00 PM in Courtroom 18 before Judge Richard J. Leon. (Court Reporter: William P. Zaremba) (jth)
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Legal Document (Payment Possibly Required) 34 Filed: 1/27/2020, Entered: 1/27/2020
NOTICE OF SUPPLEMENTAL AUTHORITY by 428EFF7 (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Orseck, Gary)
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Legal Document (Payment Possibly Required) 33 Filed: 1/23/2020, Entered: 1/23/2020
NOTICE OF SUPPLEMENTAL AUTHORITY by FEDERAL REPUBLIC OF GERMANY (Attachments: # 1 Exhibit Exhibit 1)(Diercks, Walter)
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Legal Document (Payment Possibly Required) 32 Filed: 1/14/2020, Entered: 1/14/2020 Court Filing
TRANSCRIPT OF STATUS HEARING PROCEEDINGS before Judge Richard J. Leon held on January 8, 2020; Page Numbers: 1-29. Date of Issuance: January 14, 2020. Court Reporter/Transcriber: William Zaremba; Telephone number: (202) 354-3249. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, PDF or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 2/4/2020. Redacted Transcript Deadline set for 2/14/2020. Release of Transcript Restriction set for 4/13/2020.(wz)
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Blank  Filed: 1/8/2020, Entered: 1/8/2020
Minute Entry for proceedings held before Judge Richard J. Leon: Status Conference held on 1/8/2020. The stay will remain in place between now and 2/6/2020. A Hearing on the 19 Motion to Dismiss is set for 2/6/2020 at 3:00 PM in Courtroom 3 before Judge Richard J. Leon. (Court Reporter: William P. Zaremba). (jth)
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Blank  Filed: None, Entered: None Status Conference
Minute Entry for proceedings held before Judge Richard J. Leon: Status Conference held on 1/8/2020. The stay will remain in place between now and 2/6/2020. A Hearing on the [19] Motion to Dismiss is set for 2/6/2020 at 3:00 PM in Courtroom 3 before Judge Richard J. Leon. (Court Reporter: William P. Zaremba). (jth)
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Legal Document (Payment Possibly Required) 31 Filed: 1/2/2020, Entered: 1/2/2020
NOTICE of Appearance by Walter Elmer Diercks on behalf of FEDERAL REPUBLIC OF GERMANY (Diercks, Walter)
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Blank  Filed: 12/18/2019, Entered: 12/18/2019
MINUTE ORDER. It is hereby ORDERED that a hearing on 19 Defendant's Motion to Dismiss is set for January 8, 2020 at 03:00 PM in Courtroom 18 before Judge Richard J. Leon. SO ORDERED. Signed by Judge Richard J. Leon on 12/18/19. (lcrjl1)
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Blank  Filed: None, Entered: None Order
MINUTE ORDER. It is hereby ORDERED that a hearing on [19] Defendant's Motion to Dismiss is set for January 8, 2020 at 03:00 PM in Courtroom 18 before Judge Richard J. Leon. SO ORDERED. Signed by Judge Richard J. Leon on 12/18/19. (lcrjl1)
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Legal Document (Payment Possibly Required) 30 Filed: 10/1/2019, Entered: 10/1/2019
MOTION for Order Directing a Rule 26(f) Meeting of the Parties and for the Setting of a Status Conference by 428EFF7 (Attachments: # 1 Text of Proposed Order)(Orseck, Gary)
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Legal Document (Payment Possibly Required) 29 Filed: 7/25/2019, Entered: 7/25/2019
Joint STATUS REPORT Regarding D.C. Circuit Decisions by 428EFF7. (Orseck, Gary)
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Legal Document (Payment Possibly Required) 28 Filed: 1/11/2019, Entered: 1/11/2019
Memorandum in opposition to re 27 MOTION to Lift Stay (Limited) filed by FEDERAL REPUBLIC OF GERMANY. (Harris, Jeffrey)
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Legal Document with OCR 27 Filed: 1/10/2019, Entered: 1/10/2019
MOTION to Lift Stay by 428EFF7 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Orseck, Gary)
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Legal Document (Payment Possibly Required) 26 Filed: 12/6/2018, Entered: 12/6/2018
NOTICE of Change of Address by Gary A. Orseck (Orseck, Gary)
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Legal Document (Payment Possibly Required) 25 Filed: 8/13/2018, Entered: 8/13/2018
NOTICE OF WITHDRAWAL OF APPEARANCE as to 428EFF7. Attorney Daniel N. Lerman terminated. (Lerman, Daniel)
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Blank  Filed: 7/9/2018, Entered: 7/9/2018
MINUTE ORDER. It is hereby ORDERED that the above-captioned case is STAYED pending the outcome of the appeals in Simon v. Republic of Hungary (D.C. Cir. No. 17-7146) and Philipp v. Federal Republic of Germany (D.C. Cir. Nos. 17-7064, 17-7117). It is further ORDERED that, within 14 days of the date the mandate issues in No. 17-7146 and Nos. 17-7064/17-7117 (whichever issuance date is later), the parties shall file a joint status report. The joint status report should briefly set forth each side's respective position regarding the effect of the D.C. Circuit's analysis in the above-mentioned appeals on the legal arguments raised in defendant's motion to dismiss. SO ORDERED. Signed by Judge Richard J. Leon on 7/9/2018. (lcrjl1)
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Blank  Filed: None, Entered: None Order
MINUTE ORDER. It is hereby ORDERED that the above-captioned case is STAYED pending the outcome of the appeals in Simon v. Republic of Hungary (D.C. Cir. No. 17-7146) and Philipp v. Federal Republic of Germany (D.C. Cir. Nos. 17-7064, 17-7117). It is further ORDERED that, within 14 days of the date the mandate issues in No. 17-7146 and Nos. 17-7064/17-7117 (whichever issuance date is later), the parties shall file a joint status report. The joint status report should briefly set forth each side's respective position regarding the effect of the D.C. Circuit's analysis in the above-mentioned appeals on the legal arguments raised in defendant's motion to dismiss. SO ORDERED. Signed by Judge Richard J. Leon on 7/9/2018. (lcrjl1)
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Blank  Filed: None, Entered: None Order on Motion to Dismiss / Lack of Jurisdiction
MINUTE ORDER. Upon consideration of [20] Motion for Leave to Notice Plaintiff's Deposition, it is hereby ORDERED that the motion is GRANTED for good cause shown; plaintiff shall be permitted to notice his deposition in advance of the Rule 26(f) conference. In light of the filing of plaintiff's [17] First Amended Complaint and [19] Defendant's Motion to Dismiss the Amended Complaint, it is further ORDERED that [13] Defendants' Motion to Dismiss the Complaint is DENIED AS MOOT. SO ORDERED. Signed by Judge Richard J. Leon on 3/5/2018. (lcrjl1)
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Legal Document (Payment Possibly Required) 24 Filed: 3/1/2018, Entered: 3/1/2018
REPLY to opposition to motion re 19 MOTION to Dismiss for Lack of Jurisdiction the Amended Complaint filed by FEDERAL REPUBLIC OF GERMANY. (Harris, Jeffrey)
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Legal Document (Payment Possibly Required) 23 Filed: 2/22/2018, Entered: 2/22/2018
Memorandum in opposition to re 19 MOTION to Dismiss for Lack of Jurisdiction the Amended Complaint filed by 428EFF7. (Attachments: # 1 Text of Proposed Order)(Orseck, Gary)
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Legal Document (Payment Possibly Required) 22 Filed: 2/22/2018, Entered: 2/22/2018
REPLY to opposition to motion re 20 MOTION to Take Deposition from 428EFF7 filed by 428EFF7. (Orseck, Gary)
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Legal Document (Payment Possibly Required) 21 Filed: 2/20/2018, Entered: 2/20/2018
Memorandum in opposition to re 20 MOTION to Take Deposition from 428EFF7 filed by FEDERAL REPUBLIC OF GERMANY. (Harris, Jeffrey)
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Legal Document (Payment Possibly Required) 20 Filed: 2/16/2018, Entered: 2/16/2018, Terminated: 3/5/2018
MOTION to Take Deposition from 428EFF7 by 428EFF7 (Attachments: # 1 Text of Proposed Order)(Orseck, Gary)
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Legal Document (Payment Possibly Required) 19 Filed: 2/8/2018, Entered: 2/8/2018
MOTION to Dismiss for Lack of Jurisdiction the Amended Complaint by FEDERAL REPUBLIC OF GERMANY (Attachments: # 1 Text of Proposed Order)(Harris, Jeffrey)
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Legal Document (Payment Possibly Required) 18 Filed: 2/6/2018, Entered: 2/6/2018
NOTICE of Appearance by David Hunter Smith on behalf of 428EFF7 (Smith, David)
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Legal Document (Payment Possibly Required) 17 Filed: 1/26/2018, Entered: 1/26/2018
AMENDED COMPLAINT against FEDERAL REPUBLIC OF GERMANY filed by 428EFF7. (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, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L)(Orseck, Gary)
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Blank  Filed: None, Entered: None Order on Motion for Extension of Time to File Response / Reply
MINUTE ORDER granting [14] Plaintiff's Unopposed Motion for Extension of Time. It is hereby ORDERED that the motion is GRANTED. Plaintiff shall file his response to [13] Defendants' Motion to Dismiss on or before January 26, 2018. Signed by Judge Richard J. Leon on 11/30/2017. (lcrjl1)
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Legal Document (Payment Possibly Required) 16 Filed: 11/29/2017, Entered: 11/29/2017
NOTICE of Appearance by Ariel N. Lavinbuk on behalf of 428EFF7 (Lavinbuk, Ariel)
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Legal Document (Payment Possibly Required) 15 Filed: 11/21/2017, Entered: 11/21/2017
NOTICE of Appearance by Daniel N. Lerman on behalf of 428EFF7 (Lerman, Daniel)
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Legal Document (Payment Possibly Required) 14 Filed: 11/21/2017, Entered: 11/21/2017, Terminated: 11/30/2017
Unopposed MOTION for Extension of Time to File Response/Reply as to 13 MOTION to Dismiss for Lack of Jurisdiction by 428EFF7 (Attachments: # 1 Text of Proposed Order)(Orseck, Gary)
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Legal Document (Payment Possibly Required) 13 Filed: 11/20/2017, Entered: 11/20/2017, Terminated: 3/5/2018
MOTION to Dismiss for Lack of Jurisdiction by DEPARTMENT OF CULTURE AND MEDIA OF THE CHANCELLORY OF THE REPUBLIC OF GERMANY, FEDERAL MINISTRY FOR ECONOMIC AFFAIRS AND ENERGY FOR THE FEDERAL REPUBLIC OF GERMANY, FEDERAL MINISTRY OF FINANCE FOR THE FEDERAL REPUBLIC OF GERMANY, FEDERAL REPUBLIC OF GERMANY (Attachments: # 1 Text of Proposed Order)(Harris, Jeffrey)
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Legal Document (Payment Possibly Required) 12 Filed: 11/17/2017, Entered: 11/17/2017
EXHIBIT re 9 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. (428EFF7, Peter) Modified event title on 11/20/2017 (znmw).
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Legal Document (Payment Possibly Required) 11 Filed: 11/17/2017, Entered: 11/17/2017
EXHIBIT re 9 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. (428EFF7, Peter) Modified event title on 11/20/2017 (znmw).
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Legal Document (Payment Possibly Required) 10 Filed: 11/17/2017, Entered: 11/17/2017
EXHIBIT re 9 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. (Attachments: # 1 Exhibit Exhibit D to Complaint)(428EFF7, Peter) Modified event title on 11/20/2017 (znmw).
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Legal Document with OCR 9 Filed: 11/17/2017, Entered: 11/17/2017
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to FEDERAL REPUBLIC OF GERMANY served on 9/22/2017, answer due 11/21/2017. (Attachments: # 1 Notice to Counsel/Party Notice of Suit, # 2 Notice to Counsel/Party Copy of Complaint, # 3 Exhibit Ex A to Complaint, # 4 Exhibit Ex B to Complaint)(428EFF7, Peter)
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Legal Document (Payment Possibly Required) 8 Filed: 7/20/2017, Entered: 7/21/2017
NOTICE OF WITHDRAWAL OF APPEARANCE as to 428EFF7. Attorney Martin Bienstock and August J. Matteis, Jr terminated. (znmw)
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Legal Document (Payment Possibly Required) 7 Filed: 7/20/2017, Entered: 7/20/2017
NOTICE of Appearance by Peter J 428EFF7 on behalf of All Plaintiffs (Main Document 7 replaced on 7/21/2017) (znmw). Modified to remove text on 7/21/2017 (znmw).
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Legal Document (Payment Possibly Required) 6 Filed: 11/15/2016, Entered: 11/15/2016
SUMMONS (4) Issued Electronically as to DEPARTMENT OF CULTURE AND MEDIA OF THE CHANCELLORY OF THE REPUBLIC OF GERMANY, FEDERAL MINISTRY FOR ECONOMIC AFFAIRS AND ENERGY FOR THE FEDERAL REPUBLIC OF GERMANY, FEDERAL MINISTRY OF FINANCE FOR THE FEDERAL REPUBLIC OF GERMANY, FEDERAL REPUBLIC OF GERMANY. (znmw)
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Legal Document with OCR 5 Filed: 11/14/2016, Entered: 11/14/2016
REQUEST FOR SUMMONS TO ISSUE to the Federal Republic of Germany re 1 Complaint, filed by 428EFF7. Related document: 1 Complaint, filed by 428EFF7.(Bienstock, Martin)
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Legal Document (Payment Possibly Required) 4 Filed: 11/14/2016, Entered: 11/14/2016
REQUEST FOR SUMMONS TO ISSUE to the Federal Ministry of Finance for the Federal Republic of Germany re 1 Complaint, filed by 428EFF7. Related document: 1 Complaint, filed by 428EFF7.(Bienstock, Martin)
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Legal Document (Payment Possibly Required) 3 Filed: 11/14/2016, Entered: 11/14/2016
REQUEST FOR SUMMONS TO ISSUE Federal Ministry For Economic Affairs and Energy for the Federal Republic of Germany re 1 Complaint, filed by 428EFF7. Related document: 1 Complaint, filed by 428EFF7.(Bienstock, Martin)
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Legal Document with OCR 2 Filed: 11/14/2016, Entered: 11/14/2016
REQUEST FOR SUMMONS TO ISSUE filed by 428EFF7.(Bienstock, Martin)
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Legal Document (Payment Possibly Required) 1 Filed: 9/20/2016, Entered: 9/20/2016
COMPLAINT against ALL DEFENDANTS ( Filing fee $ 400 receipt number 0090-4680834) filed by 428EFF7. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F)(Matteis, August)
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Legal Document (Payment Possibly Required)  Filed: None, Entered: None Case Assigned/Reassigned
Case Assigned to Judge Richard J. Leon. (zmd)
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