Association of Car Wash Owners Inc. et al v. City Of New York
Federal Civil Lawsuit New York Southern District Court, Case No. 1:15-cv-08157
District Judge Alvin K. Hellerstein, presiding

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Last Updated January 18, 2019 at 12:48 PM ST (2.4 years ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

No Logo Association of Car Wash Owners Inc., Plaintiff

Toggle Switch Represented by Proskauer Rose LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED MICHAEL A. CARDOZO +1 212 969 3000 mcardozo@proskauer.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Mark David Harris +1 212 969 3530 +1 212 969 2900 mharris@proskauer.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Milton E. Otto +1 212 969 3350 motto@proskauer.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED James Allen Unger +1 212 969 3271 junger@proskauer.com
No Logo Five Star Hand Wash LLC, Plaintiff

Toggle Switch Represented by Proskauer Rose LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED MICHAEL A. CARDOZO +1 212 969 3000 mcardozo@proskauer.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Mark David Harris +1 212 969 3530 +1 212 969 2900 mharris@proskauer.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Milton E. Otto +1 212 969 3350 motto@proskauer.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED James Allen Unger +1 212 969 3271 junger@proskauer.com
No Logo Zoom Car Spa LLC, Plaintiff

Toggle Switch Represented by Proskauer Rose LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED MICHAEL A. CARDOZO +1 212 969 3000 mcardozo@proskauer.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Mark David Harris +1 212 969 3530 +1 212 969 2900 mharris@proskauer.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Milton E. Otto +1 212 969 3350 motto@proskauer.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED James Allen Unger +1 212 969 3271 junger@proskauer.com
v.
City of New York City of New York, Defendant

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Jeffrey Scott Dantowitz +1 212 788 0939 +1 212 788 8877 jdantowi@law.nyc.gov

Toggle Switch Represented by New York City Law Depart. Office of the Corporation Counsel

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Stephen Edward Kitzinger +1 212 788 0849 +1 212 788 8877 SKitzing@law.nyc.gov
No Logo Lorelei Salas, Defendant
Citation Section 42 U.S.C. § 1983
Nature of Suit 440 - Civil Rights: Other
  Entries (39) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 110 Filed: 1/18/2019, Entered: None Stipulation and Order of Voluntary Dismissal
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    Legal Document (Payment Possibly Required) 109 Filed: 1/17/2019, Entered: None Proposed Stipulation and Order
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      Legal Document (Payment Possibly Required) 108 Filed: 1/17/2019, Entered: None Stipulation of Voluntary Dismissal
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        Legal Document (Payment Possibly Required) 107 Filed: 1/8/2019, Entered: None Endorsed Letter
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          Legal Document (Payment Possibly Required) 106 Filed: 1/2/2019, Entered: None USCA Mandate
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            Legal Document (Payment Possibly Required) 105 Filed: 12/12/2018, Entered: None USCA Order
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              Legal Document (Payment Possibly Required) 33 Filed: 11/1/2016, Entered: None Unknown Document Type
              SUMMONS RETURNED EXECUTED. Lorelei Salas served on 10/28/2016, answer due 11/18/2016. Service was accepted by Charlene Hall, Receptionist, for the Commissioner, New York City Department of Consumer Affairs, with true copies of the Summons, Amended Complaint, Notice of Motion, Local Rule 56.1 Statement of Undisputed Material Facts in Support of Plaintiffs' Motion for Partial Summary Judgment, Plaintiffs' Memorandum of Law in Support of Their Motion for Partial Summary Judgment or, in the Alternative, a Preliminary Injunction, Declaration of Michael A. Cardozo with Exhibits, Amended Declaration of Steve Rotlevi, Amended Declaration of Frank Roman, Amended Declaration of Jeffrey W. Price, Amended Declaration of Scott C. Cantone with Exhibits, Individual Rules of the Honorable Alvin K. Hellerstein, and Electronic Case Filing Rules & Instructions. Document filed by Association of Car Wash Owners Inc.; Five Star Hand Wash LLC; Zoom Car Spa LLC. (Cardozo, Michael) (Entered: 11/01/2016)
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                Legal Document (Payment Possibly Required) 32 Filed: 10/27/2016, Entered: None Unknown Document Type
                ELECTRONIC SUMMONS ISSUED as to Lorelei Salas. (pc) (Entered: 10/27/2016)
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                  Legal Document (Payment Possibly Required) 31 Filed: 10/27/2016, Entered: None Unknown Document Type
                  DECLARATION of Scott C. Cantone (Amended) in Support re: 23 MOTION for Partial Summary Judgment on Counts I and II of their Amended Complaint or, In the Alternative, a Preliminary Injunction.. Document filed by Association of Car Wash Owners Inc., Five Star Hand Wash LLC, Zoom Car Spa LLC. (Attachments: # 1 Exhibit 3, # 2 Exhibit 4, # 3 Exhibit 5, # 4 Exhibit 6, # 5 Exhibit 7, # 6 Exhibit 8, # 7 Exhibit 9, # 8 Exhibit 10, # 9 Exhibit 11, # 10 Exhibit 12, # 11 Exhibit 13, # 12 Exhibit 14, # 13 Exhibit 15, # 14 Exhibit 16, # 15 Exhibit 17, # 16 Exhibit 18, # 17 Exhibit 19, # 18 Exhibit 20, # 19 Exhibit 21, # 20 Exhibit 22, # 21 Exhibit 23, # 22 Exhibit 24, # 23 Exhibit 25, # 24 Exhibit 26, # 25 Exhibit 27, # 26 Exhibit 28, # 27 Exhibit 29, # 28 Exhibit 30, # 29 Exhibit 31, # 30 Exhibit 32, # 31 Exhibit 33)(Cardozo, Michael) (Entered: 10/27/2016)
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                    Legal Document (Payment Possibly Required) 30 Filed: 10/26/2016, Entered: None Unknown Document Type
                    FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #31) - DECLARATION of Scott C. Cantone (Amended) in Support re: 23 MOTION for Partial Summary Judgment on Counts I and II of their Amended Complaint or, In the Alternative, a Preliminary Injunction.. Document filed by Association of Car Wash Owners Inc., Five Star Hand Wash LLC, Zoom Car Spa LLC. (Attachments: # 1 Exhibit 3, # 2 Exhibit 4, # 3 Exhibit 5, # 4 Exhibit 6, # 5 Exhibit 7, # 6 Exhibit 8, # 7 Exhibit 9, # 8 Exhibit 10, # 9 Exhibit 11, # 10 Exhibit 12, # 11 Exhibit 13, # 12 Exhibit 14, # 13 Exhibit 15, # 14 Exhibit 16, # 15 Exhibit 17, # 16 Exhibit 18, # 17 Exhibit 19, # 18 Exhibit 20, # 19 Exhibit 21, # 20 Exhibit 22, # 21 Exhibit 23, # 22 Exhibit 24, # 23 Exhibit 25, # 24 Exhibit 26, # 25 Exhibit 27, # 26 Exhibit 28, # 27 Exhibit 29, # 28 Exhibit 30, # 29 Exhibit 31, # 30 Exhibit 32, # 31 Exhibit 33)(Cardozo, Michael) Modified on 10/27/2016 (ldi). (Entered: 10/26/2016)
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                      Legal Document (Payment Possibly Required) 29 Filed: 10/26/2016, Entered: None Unknown Document Type
                      DECLARATION of Jeffrey W. Price (Amended) in Support re: 23 MOTION for Partial Summary Judgment on Counts I and II of their Amended Complaint or, In the Alternative, a Preliminary Injunction.. Document filed by Association of Car Wash Owners Inc., Five Star Hand Wash LLC, Zoom Car Spa LLC. (Cardozo, Michael) (Entered: 10/26/2016)
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                        Legal Document (Payment Possibly Required) 28 Filed: 10/26/2016, Entered: None Unknown Document Type
                        DECLARATION of Frank Roman (Amended) in Support re: 23 MOTION for Partial Summary Judgment on Counts I and II of their Amended Complaint or, In the Alternative, a Preliminary Injunction.. Document filed by Association of Car Wash Owners Inc., Five Star Hand Wash LLC, Zoom Car Spa LLC. (Cardozo, Michael) (Entered: 10/26/2016)
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                          Legal Document (Payment Possibly Required) 27 Filed: 10/26/2016, Entered: None Unknown Document Type
                          DECLARATION of Steve Rotlevi (Amended) in Support re: 23 MOTION for Partial Summary Judgment on Counts I and II of their Amended Complaint or, In the Alternative, a Preliminary Injunction.. Document filed by Association of Car Wash Owners Inc., Five Star Hand Wash LLC, Zoom Car Spa LLC. (Cardozo, Michael) (Entered: 10/26/2016)
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                            Legal Document (Payment Possibly Required) 26 Filed: 10/26/2016, Entered: None Unknown Document Type
                            DECLARATION of Michael A. Cardozo in Support re: 23 MOTION for Partial Summary Judgment on Counts I and II of their Amended Complaint or, In the Alternative, a Preliminary Injunction.. Document filed by Association of Car Wash Owners Inc., Five Star Hand Wash LLC, Zoom Car Spa LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Cardozo, Michael) (Entered: 10/26/2016)
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                              Legal Document (Payment Possibly Required) 25 Filed: 10/26/2016, Entered: None Unknown Document Type
                              RULE 56.1 STATEMENT. Document filed by Association of Car Wash Owners Inc., Five Star Hand Wash LLC, Zoom Car Spa LLC. (Cardozo, Michael) (Entered: 10/26/2016)
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                                Legal Document (Payment Possibly Required) 24 Filed: 10/26/2016, Entered: None Unknown Document Type
                                MEMORANDUM OF LAW in Support re: 23 MOTION for Partial Summary Judgment on Counts I and II of their Amended Complaint or, In the Alternative, a Preliminary Injunction. . Document filed by Association of Car Wash Owners Inc., Five Star Hand Wash LLC, Zoom Car Spa LLC. (Cardozo, Michael) (Entered: 10/26/2016)
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                                  Legal Document (Payment Possibly Required) 23 Filed: 10/26/2016, Entered: None Unknown Document Type
                                  MOTION for Partial Summary Judgment on Counts I and II of their Amended Complaint or, In the Alternative, a Preliminary Injunction. Document filed by Association of Car Wash Owners Inc., Five Star Hand Wash LLC, Zoom Car Spa LLC.(Cardozo, Michael) (Entered: 10/26/2016)
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                                    Legal Document (Payment Possibly Required) 22 Filed: 10/26/2016, Entered: None Unknown Document Type
                                    REQUEST FOR ISSUANCE OF SUMMONS as to Lorelei Salas (acting in her official capacity) Commissioner, Department of Consumer Affairs, 42 Broadway, New York, NY 10004, re: 21 Amended Complaint,. Document filed by Association of Car Wash Owners Inc., Five Star Hand Wash LLC, Zoom Car Spa LLC. (Cardozo, Michael) (Entered: 10/26/2016)
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                                      Legal Document (Payment Possibly Required) 21 Filed: 10/26/2016, Entered: None Unknown Document Type
                                      AMENDED COMPLAINT amending 1 Complaint against City of New York, Lorelei Salas. in her offcial capacity as Commissioner of the New York City Department of Consumer Affairs.Document filed by Association of Car Wash Owners Inc., Five Star Hand Wash LLC, Zoom Car Spa LLC. Related document: 1 Complaint filed by Five Star Hand Wash LLC, Zoom Car Spa LLC, Association of Car Wash Owners Inc..(Cardozo, Michael) (Entered: 10/26/2016)
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                                        Legal Document (Payment Possibly Required) 20 Filed: 10/26/2016, Entered: None Unknown Document Type
                                        NOTICE OF APPEARANCE by James Allen Unger on behalf of Association of Car Wash Owners Inc., Five Star Hand Wash LLC, Zoom Car Spa LLC. (Unger, James) (Entered: 10/26/2016)
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                                          Legal Document (Payment Possibly Required) 19 Filed: 10/25/2016, Entered: None Unknown Document TypeCourt Filing
                                          STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, as follows: 1. Plaintiffs shall file an amended complaint and/or an amended/superseding Motion on or before October 26, 2016. 2. Defendant shall respond to the operative complaint on or before November 23, 2016. 3. Defendant shall file its opposition to plaintiff's amended/superseding Motion on or before December 7, 2016. 4. Plaintiffs shall file their reply on or before December 21, 2016. 5. Implementation of the Car Wash Accountability Law and associated Rules will remain stayed pending a determination of plaintiffs' Motion and, except as to the revised deadlines listed in paragraph 1-4 above, all other provisions of the Stipulation shall remain in effect. 6. This stipulation and order may be executed in counterparts and shall be filed by Plaintiffs. (City of New York answer due 11/23/2016. Amended Pleadings due by 10/26/2016., Motions due by 10/26/2016., Responses due by 12/7/2016, Replies due by 12/21/2016.) (Signed by Judge Alvin K. Hellerstein on 10/23/2016) (cla) (Entered: 10/25/2016)
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                                            Legal Document (Payment Possibly Required) 18 Filed: 11/4/2015, Entered: None Unknown Document TypeCourt Filing
                                            STIPULATION AND ORDER: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, as follows: 1. Plaintiffs' time to file an amended complaint and/or an amended/superseding Motion shall be four weeks after DCA publishes the final Rules. 2. Defendant's time to respond to the operative complaint shall be 14 days after plaintiffs serve an amended complaint or notify defendant in writing that they do not intend to file an amended complaint. 3. Defendant shall file its opposition to plaintiffs' Motion four weeks after such motion is filed. 4. Plaintiffs shall file their reply to defendant's opposition two weeks after such opposition is filed. 5. Implementation of the Car Wash Accountability Law and associated Rules is hereby stayed pending a determination of plaintiffs' Motion. (Signed by Judge Alvin K. Hellerstein on 11/3/2015) (mro) (Entered: 11/04/2015)
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                                              Legal Document (Payment Possibly Required) 17 Filed: 11/2/2015, Entered: None Unknown Document Type
                                              NOTICE OF APPEARANCE by Jeffrey Scott Dantowitz on behalf of City of New York. (Dantowitz, Jeffrey) (Entered: 11/02/2015)
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                                                Legal Document (Payment Possibly Required) 16 Filed: 10/29/2015, Entered: None Unknown Document Type
                                                NOTICE OF APPEARANCE by Stephen Edward Kitzinger on behalf of City of New York. (Kitzinger, Stephen) (Entered: 10/29/2015)
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                                                  Legal Document (Payment Possibly Required) 15 Filed: 10/20/2015, Entered: None Unknown Document Type
                                                  CERTIFICATE OF SERVICE of Summons and Complaint. City of New York served on 10/19/2015, answer due 11/9/2015. Service was accepted by Betty Mazyyck, the service window clerk. Document filed by Association of Car Wash Owners Inc.; Five Star Hand Wash LLC; Zoom Car Spa LLC. (Cardozo, Michael) (Entered: 10/20/2015)
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                                                    Legal Document (Payment Possibly Required) 14 Filed: 10/19/2015, Entered: None Unknown Document Type
                                                    NOTICE OF APPEARANCE by Milton Eugene Otto on behalf of Association of Car Wash Owners Inc., Five Star Hand Wash LLC, Zoom Car Spa LLC. (Otto, Milton) (Entered: 10/19/2015)
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                                                      Legal Document (Payment Possibly Required) 13 Filed: 10/19/2015, Entered: None Unknown Document Type
                                                      NOTICE OF APPEARANCE by Mark David Harris on behalf of Association of Car Wash Owners Inc., Five Star Hand Wash LLC, Zoom Car Spa LLC. (Harris, Mark) (Entered: 10/19/2015)
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                                                        Legal Document (Payment Possibly Required) 12 Filed: 10/19/2015, Entered: None Unknown Document Type
                                                        DECLARATION of Scott C. Cantone in Support re: 6 MOTION for Summary Judgment Notice of Motion for Summary Judgment or, in the Alternative, a Preliminary Injunction.. Document filed by Association of Car Wash Owners Inc., Five Star Hand Wash LLC, Zoom Car Spa LLC. (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, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T)(Cardozo, Michael) (Entered: 10/19/2015)
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                                                          Legal Document (Payment Possibly Required) 11 Filed: 10/19/2015, Entered: None Unknown Document Type
                                                          DECLARATION of Jeffrey W. Price in Support re: 6 MOTION for Summary Judgment Notice of Motion for Summary Judgment or, in the Alternative, a Preliminary Injunction.. Document filed by Association of Car Wash Owners Inc., Five Star Hand Wash LLC, Zoom Car Spa LLC. (Cardozo, Michael) (Entered: 10/19/2015)
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                                                            Legal Document (Payment Possibly Required) 10 Filed: 10/19/2015, Entered: None Unknown Document Type
                                                            DECLARATION of Frank Roman in Support re: 6 MOTION for Summary Judgment Notice of Motion for Summary Judgment or, in the Alternative, a Preliminary Injunction.. Document filed by Association of Car Wash Owners Inc., Five Star Hand Wash LLC, Zoom Car Spa LLC. (Cardozo, Michael) (Entered: 10/19/2015)
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                                                              Legal Document (Payment Possibly Required) 9 Filed: 10/19/2015, Entered: None Unknown Document Type
                                                              DECLARATION of Steve Rotlevi in Support re: 6 MOTION for Summary Judgment Notice of Motion for Summary Judgment or, in the Alternative, a Preliminary Injunction.. Document filed by Association of Car Wash Owners Inc., Five Star Hand Wash LLC, Zoom Car Spa LLC. (Cardozo, Michael) (Entered: 10/19/2015)
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                                                                Legal Document (Payment Possibly Required) 8 Filed: 10/19/2015, Entered: None Unknown Document Type
                                                                RULE 56.1 STATEMENT. Document filed by Association of Car Wash Owners Inc., Five Star Hand Wash LLC, Zoom Car Spa LLC. (Cardozo, Michael) (Entered: 10/19/2015)
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                                                                  Legal Document (Payment Possibly Required) 7 Filed: 10/19/2015, Entered: None Unknown Document Type
                                                                  MEMORANDUM OF LAW in Support re: 6 MOTION for Summary Judgment Notice of Motion for Summary Judgment or, in the Alternative, a Preliminary Injunction. Plaintiffs' Memorandum of Law in Support of Their Motion for Partial Summary Judgment Or, in the Alternative, a Preliminary Injunction. Document filed by Association of Car Wash Owners Inc., Five Star Hand Wash LLC, Zoom Car Spa LLC. (Cardozo, Michael) (Entered: 10/19/2015)
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                                                                    Legal Document (Payment Possibly Required) 6 Filed: 10/19/2015, Entered: None Unknown Document Type
                                                                    MOTION for Summary Judgment Notice of Motion for Summary Judgment or, in the Alternative, a Preliminary Injunction. Document filed by Association of Car Wash Owners Inc., Five Star Hand Wash LLC, Zoom Car Spa LLC.(Cardozo, Michael) (Entered: 10/19/2015)
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                                                                      Legal Document (Payment Possibly Required) 5 Filed: 10/19/2015, Entered: None Unknown Document Type
                                                                      ELECTRONIC SUMMONS ISSUED as to City of New York. (dgo) (Entered: 10/19/2015)
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                                                                        Legal Document (Payment Possibly Required) 4 Filed: 10/16/2015, Entered: None Unknown Document Type
                                                                        RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Association of Car Wash Owners Inc., Five Star Hand Wash LLC, Zoom Car Spa LLC.(Cardozo, Michael) (Entered: 10/16/2015)
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                                                                          Legal Document (Payment Possibly Required) 3 Filed: 10/16/2015, Entered: None Unknown Document Type
                                                                          REQUEST FOR ISSUANCE OF SUMMONS as to City of New York, re: 1 Complaint. Document filed by Association of Car Wash Owners Inc., Five Star Hand Wash LLC, Zoom Car Spa LLC. (Cardozo, Michael) (Entered: 10/16/2015)
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                                                                            Legal Document (Payment Possibly Required) 2 Filed: 10/16/2015, Entered: None Unknown Document Type
                                                                            CIVIL COVER SHEET filed. (Cardozo, Michael) (Entered: 10/16/2015)
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                                                                              Legal Document (Payment Possibly Required) 1 Filed: 10/16/2015, Entered: None Unknown Document Type
                                                                              COMPLAINT against City Of New York ;. (Filing Fee $ 400.00, Receipt Number 0208-11514489)Document filed by Association of Car Wash Owners Inc., Five Star Hand Wash LLC, Zoom Car Spa LLC. (Attachments: # 1 Exhibit A)(Cardozo, Michael) (Entered: 10/16/2015)
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