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 35 |
Filed: 11/15/2021, Entered: None |
USCA Mandate |
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 Request |
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| 34 |
Filed: 1/12/2021, Entered: 1/12/2021 |
Notice of appeal |
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NOTICE OF APPEAL from [33] Clerk's Judgment, [32] Memorandum & Opinion,. Document filed by Peter Brimelow. Filing fee $ 505.00, receipt number ANYSDC-23474574. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Kelly, Frederick)
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Request |
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Filed: None, Entered: None |
Appeal Record Sent to USCA - Electronic File |
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for [34] Notice of Appeal, filed by Peter Brimelow were transmitted to the U.S. Court of Appeals. (tp)
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Filed: None, Entered: None |
transmission of notice of appeal and docket sheet to USCA |
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: [34] Notice of Appeal. (tp)
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| 33 |
Filed: 1/6/2021, Entered: 1/6/2021 |
clerk's judgment |
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CLERK'S JUDGMENT re: [32] Memorandum & Opinion in favor of New York Times Company against Peter Brimelow. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated December 16, 2020, Defendant's Motion to Dismiss Plaintiff's Second Amended Complaint is hereby GRANTED; accordingly, this case is closed. (Signed by Clerk of Court Ruby Krajick on 1/6/2021) (Attachments: # (1) Right to Appeal) (km)
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Request |
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Filed: None, Entered: None |
Transmission to Orders and Judgments Clerk |
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Transmission to Orders and Judgments Clerk. Transmitted re: [32] Memorandum & Opinion to the Orders and Judgments Clerk. (nb)
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 32 |
Filed: 12/16/2020, Entered: 12/17/2020 |
Memorandum and Opinion |
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OPINION AND ORDER re: [23] MOTION to Dismiss filed by New York Times Company. For the reasons stated above, Defendant's Motion to Dismiss Plaintiff's Second Amended Complaint is hereby GRANTED.The Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and close this case. (Signed by Judge Katherine Polk Failla on 12/17/2020) (nb) Modified on 12/17/2020 (nb). Modified on 1/5/2021 (nb).
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| 31 |
Filed: 8/11/2020, Entered: 8/11/2020 |
Reply Memorandum of Law in Support of Motion |
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REPLY MEMORANDUM OF LAW in Support re: [23] MOTION to Dismiss . . Document filed by New York Times Company..(McCraw, David)
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Request |
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| 30 |
Filed: 7/31/2020, Entered: 7/31/2020 |
Memo Endorsement |
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MEMO ENDORSEMENT on re: [29] Letter filed by Peter Brimelow. ENDORSEMENT:The Court is in receipt of Plaintiff's above request for oral argument on Defendant's motion to dismiss the complaint. (Dkt. #29). The Court will issue an order for oral argument if and when the Court determines that oral argument would be helpful in resolving the motion. (Signed by Judge Katherine Polk Failla on 7/31/2020) (rro)
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Request |
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| 29 |
Filed: 7/31/2020, Entered: 7/31/2020 |
Letter |
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LETTER addressed to Judge Katherine Polk Failla from Frederick C. Kelly dated July 31, 2020 re: Request for Oral Argument. Document filed by Peter Brimelow..(Kelly, Frederick)
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Request |
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| 28 |
Filed: 7/28/2020, Entered: 7/28/2020 |
Memorandum of Law in Opposition to Motion |
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MEMORANDUM OF LAW in Opposition re: [23] MOTION to Dismiss . . Document filed by Peter Brimelow..(Kelly, Frederick)
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Request |
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| 27 |
Filed: 7/17/2020, Entered: 7/17/2020 |
Order on motion for extension of time |
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ORDER granting [26] Letter Motion for Extension of Time. Application GRANTED. The Court adopts the Plaintiff's proposed briefing schedule. SO ORDERED. (Signed by Judge Katherine Polk Failla on 7/17/2020) (ks)
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Request |
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| 26 |
Filed: 7/17/2020, Entered: 7/17/2020, Terminated: 7/17/2020 |
Motion for Extension of Time |
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LETTER MOTION for Extension of Time for one week adjournment of opposition and reply on Defendant's motion to dismiss addressed to Judge Katherine Polk Failla from Frederick C. Kelly, Esq. dated July 17, 2020. Document filed by Peter Brimelow..(Kelly, Frederick)
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Request |
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Filed: None, Entered: None |
***Set/Reset Deadlines |
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Set/Reset Deadlines: Responses due by 7/28/2020 Replies due by 8/11/2020. (ks)
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| 25 |
Filed: 6/18/2020, Entered: 6/18/2020 |
Declaration in Support of Motion |
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DECLARATION of David E. McCraw in Support re: [23] MOTION to Dismiss .. Document filed by New York Times Company..(McCraw, David)
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Request |
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| 24 |
Filed: 6/18/2020, Entered: 6/18/2020 |
Memorandum of Law in Support of Motion |
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MEMORANDUM OF LAW in Support re: [23] MOTION to Dismiss . . Document filed by New York Times Company..(McCraw, David)
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Request |
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| 23 |
Filed: 6/18/2020, Entered: 6/18/2020, Terminated: 12/17/2020 |
Motion to Dismiss |
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MOTION to Dismiss . Document filed by New York Times Company..(McCraw, David)
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Request |
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| 22 |
Filed: 5/26/2020, Entered: 5/26/2020 |
Amended Complaint |
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SECOND AMENDED COMPLAINT amending [1] Complaint, [8] Complaint, [16] Amended Complaint against New York Times Company.Document filed by Peter Brimelow. Related document: [1] Complaint, [8] Complaint, [16] Amended Complaint..(Kelly, Frederick)
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Request |
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| 21 |
Filed: 5/22/2020, Entered: 5/22/2020 |
Order on motion for extension of time |
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ORDER granting [20] Letter Motion for Extension of Time. Application GRANTED. Plaintiff's request for leave to file a second amended complaint is hereby GRANTED. Defendant may file a motion to dismiss on or before June 18, 2020; Plaintiff's response to such motion is due July 21, 2020; and Defendant's reply is due August 4, 2020. (Signed by Judge Katherine Polk Failla on 5/22/2020) (rro)
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Request |
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| 20 |
Filed: 5/22/2020, Entered: 5/22/2020, Terminated: 5/22/2020 |
Motion for Extension of Time |
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LETTER MOTION for Extension of Time to file new pleading on consent and adjust deadlines at DKT 19 for Defendant's Rule 12 motion addressed to Judge Katherine Polk Failla from Frederick C. Kelly dated May 22, 2020. Document filed by Peter Brimelow..(Kelly, Frederick)
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Request |
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Filed: None, Entered: None |
***Set/Reset Deadlines |
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Set/Reset Deadlines: Motions due by 6/18/2020. Responses due by 7/21/2020 Replies due by 8/4/2020. (rro)
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| 19 |
Filed: 5/4/2020, Entered: 5/4/2020 |
Memo Endorsement |
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MEMO ENDORSEMENT: on re: [18] Letter filed by Peter Brimelow. ENDORSEMENT: The Court has reviewed Plaintiff's amended complaint (Dkt. # 16), Defendant's pre-motion letter (Dkt. # 17), and Plaintiff's letter in response (Dkt. # 18). The Court will dispense with the requirement of a pre-motion conference in this case and proceed to scheduling motion practice. Accordingly, Defendant's motion to dismiss is due June 4, 2020; Plaintiff's response is due July 7, 2020; and Defendant's reply is due July 21, 2020. SO ORDERED., ( Motions due by 6/4/2020., Responses due by 7/7/2020, Replies due by 7/21/2020.) (Signed by Judge Katherine Polk Failla on 5/04/2020) (ama)
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Request |
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| 18 |
Filed: 5/2/2020, Entered: 5/2/2020 |
Letter |
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LETTER addressed to Judge Katherine Polk Failla from Frederick C. Kelly dated May 2, 2020 re: Defendant's Request for a Pre-Motion Conference. Document filed by Peter Brimelow..(Kelly, Frederick)
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Request |
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| 17 |
Filed: 4/29/2020, Entered: 4/29/2020 |
Letter |
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LETTER addressed to Judge Katherine Polk Failla from David E. McCraw dated 04/29/2020 re: Brimelow v. New York Times Company, No. 20-cv-00222 (KPF). Document filed by New York Times Company..(McCraw, David)
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Request |
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| 16 |
Filed: 4/23/2020, Entered: 4/23/2020 |
Amended Complaint |
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AMENDED COMPLAINT amending [1] Complaint, [8] Complaint against New York Times Company with JURY DEMAND.Document filed by Peter Brimelow. Related document: [1] Complaint, [8] Complaint..(Kelly, Frederick)
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Request |
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| 15 |
Filed: 4/9/2020, Entered: 4/9/2020 |
Memo Endorsement |
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MEMO ENDORSEMENT on re: [14] Letter filed by Peter Brimelow. ENDORSEMENT: Application GRANTED. The initial pretrial conference previously scheduled for April 15, 2020 is hereby ADJOURNED sine die. The Court will schedule a conference at a letter date once it has received the parties pre-motion letters. (Amended Pleadings due by 4/24/2020.) (Signed by Judge Katherine Polk Failla on 4/8/2020) (rro)
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Request |
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| 14 |
Filed: 4/8/2020, Entered: 4/8/2020 |
Letter |
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LETTER addressed to Judge Katherine Polk Failla from Frederick C. Kelly dated April 8, 2020 re: Conference Scheduled for April 15, 2020. Document filed by Peter Brimelow..(Kelly, Frederick)
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Request |
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| 13 |
Filed: 4/6/2020, Entered: 4/6/2020 |
waiver of service executed |
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WAIVER OF SERVICE RETURNED EXECUTED. All Defendants. Document filed by Peter Brimelow..(Kelly, Frederick)
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Request |
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| 12 |
Filed: 2/3/2020, Entered: 2/3/2020 |
Notice of Appearance |
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NOTICE OF APPEARANCE by Dana Robinson Green on behalf of New York Times Company..(Green, Dana)
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Request |
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| 11 |
Filed: 2/3/2020, Entered: 2/3/2020 |
Notice of Appearance |
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NOTICE OF APPEARANCE by Alexandra Perloff-Giles on behalf of New York Times Company..(Perloff-Giles, Alexandra)
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Request |
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| 10 |
Filed: 2/3/2020, Entered: 2/3/2020 |
Notice of Appearance |
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NOTICE OF APPEARANCE by David Edward McCraw on behalf of New York Times Company..(McCraw, David)
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Request |
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| 9 |
Filed: 1/28/2020, Entered: 1/28/2020 |
Order for Initial Pretrial Conference |
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NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 4/15/2020 at 12:30 PM in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 1/28/2020) (mro)
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Request |
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| 8 |
Filed: 1/13/2020, Entered: 1/13/2020 |
Complaint |
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COMPLAINT against New York Times Company. Document filed by Peter Brimelow.(Kelly, Frederick)
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Request |
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| 7 |
Filed: 1/13/2020, Entered: 1/13/2020 |
Summons issued |
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ELECTRONIC SUMMONS ISSUED as to New York Times Company. (pne)
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Request |
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Filed: None, Entered: None |
Notice to Attorney Regarding Deficient Pleading |
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Frederick Charles Kelly to RE-FILE Document No. [1] Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. **DO NOT USE GOOGLE CHROME OR SAFARI BROWSERS** (pne)
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| 6 |
Filed: 1/10/2020, Entered: 1/10/2020 |
Civil Cover Sheet |
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CIVIL COVER SHEET filed. (Kelly, Frederick)
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Request |
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| 5 |
Filed: 1/10/2020, Entered: 1/10/2020 |
Request for Issuance of Summons |
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REQUEST FOR ISSUANCE OF SUMMONS as to New York Times Company, re: [1] Complaint. Document filed by Peter Brimelow. (Kelly, Frederick)
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Request |
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| 4 |
Filed: 1/10/2020, Entered: 1/10/2020 |
Request for Issuance of Summons |
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FILING ERROR - DEFICIENT SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to New York Times Company, re: [1] Complaint. Document filed by Peter Brimelow. (Kelly, Frederick) Modified on 1/10/2020 (pne).
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Request |
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| 3 |
Filed: 1/10/2020, Entered: 1/10/2020 |
Rule 7.1 Corporate Disclosure Statement |
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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Peter Brimelow.(Kelly, Frederick)
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Request |
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| 2 |
Filed: 1/10/2020, Entered: 1/10/2020 |
Civil Cover Sheet |
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FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Kelly, Frederick) Modified on 1/10/2020 (pne).
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Request |
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Filed: None, Entered: None |
Notice to Attorney Regarding Party Modification |
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Frederick Charles Kelly. The party information for the following party/parties has been modified: Peter Brimelow, New York Times Company. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly. (pne)
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Filed: None, Entered: None |
Notice to Attorney Regarding Deficient Request for Issuance of Summons |
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Frederick Charles Kelly to RE-FILE Document No. [4] Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; the form used for the summons is not the AO 440 Summons form. 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 AO 440 summons form PDF. (pne)
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Filed: None, Entered: None |
Notice to Attorney Regarding Deficient Civil Cover Sheet |
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***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Frederick Charles Kelly to RE-FILE Document No. [2] Civil Cover Sheet. The filing is deficient for the following reason(s): multiple citizenship selections made for defendant on civil cover sheet; select only one. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the corrected PDF. (pne)
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Filed: None, Entered: None |
Notice to Attorney Regarding Case Opening Statistical Error Correction |
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***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Frederick Charles Kelly. The following case opening statistical information was erroneously selected/entered: Office code White Plains; Nature of Suit code 360 (P.I.: Other); Dollar Demand $5,000,000,000; Arbitration code e (Exempt); County code New York; Fee Status code due (due). The following correction(s) have been made to your case entry: the Office code has been modified to Foley Square; the Nature of Suit code has been modified to 320 (Assault Libel & Slander); the Dollar Demand has been modified to none; no dollar demand entered on civil cover sheet; the Arbitration code has been deleted; the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid). (pne)
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Filed: None, Entered: None |
Case Designated ECF. |
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Case Designated ECF. (pne)
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Filed: None, Entered: None |
Case Designation |
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Magistrate Judge Kevin Nathaniel Fox is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pne)
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Filed: None, Entered: None |
Case Opening Initial Assignment Notice |
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. 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 https://nysd.uscourts.gov/rules/ecf-related-instructions. (pne)
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| 1 |
Filed: 1/9/2020, Entered: 1/9/2020 |
Complaint |
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FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against Peter Brimelow. (Filing Fee $ 400.00, Receipt Number ANYSDC-18467597)Document filed by Peter Brimelow.(Kelly, Frederick) Modified on 1/13/2020 (pne).
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Request |
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