Reches v. Morgan Stanley and Company
| New York Eastern District Court | |
| Judge: | Brian M Cogan |
| Referred: | Steven M Gold |
| Case #: | 1:16-cv-01663 |
| Nature of Suit | 791 Labor - Employee Retirement Income Security Act |
| Cause | 28:1441 Notice of Removal |
| Case Filed: | Apr 06, 2016 |
| Terminated: | Aug 29, 2016 |
| Last checked: Monday Oct 03, 2016 5:23 AM EDT |
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Defendant
Morgan Stanley and Company
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Represented By
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Plaintiff
Benjamin Reches
1668 43rd Street
Brooklyn, NY 11204 |
GPO
Aug 29 2016
MEMORANDUM DECISION AND ORDER dated 8/26/16 that plaintiffs second and fourth causes of action are dismissed with prejudice. Plaintiff first and third causes of action are remanded to the Supreme Court, Kings County. ( Ordered by Judge Brian M. Cogan on 8/26/2016 ) c/m to plaintiff; (Guzzi, Roseann) Modified on 8/29/2016 NO JGM required; remanded to Supreme, Kings as to the first and third causes of action (Guzzi, Roseann). |
| Docket last updated: 04/26/2024 11:59 PM EDT |
| Thursday, April 23, 2020 | ||
| 45 | 45
appeal
USCA Mandate
Thu 04/23 10:08 AM
MANDATE of USCA as to44 Notice of Appeal filed by Benjamin Reches. It is Ordered that the Judgment of the District Court is Affirmed. See document for further details. Issued as Mandate: 4/23/20. USCA #19-547. (McGee, Mary Ann) |
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| Tuesday, March 05, 2019 | ||
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appeal
Electronic Index to Record on Appeal
Tue 03/05 2:43 PM
Electronic Index to Record on Appeal sent to US Court of Appeals.44 Notice of Appeal Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (McGee, Mary Ann) |
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| Monday, March 04, 2019 | ||
| 44 | 44
appeal
Notice of Appeal
Tue 03/05 2:28 PM
NOTICE OF APPEAL as to43 Order on Motion to Vacate, by Benjamin Reches. Filing fee $ 505.00. Receipt #4653137632. Service done electronically. (McGee, Mary Ann) |
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| Tuesday, February 05, 2019 | ||
| 43 | 43
2
pgs
order
Order on Motion to Vacate
Tue 02/05 10:02 AM
ORDER denying plaintiff's42 Motion to Vacate. Denied as frivolous. These arguments have been raised before, and have been rejected not only by this Court but by the Second Circuit. Plaintiff has been previously cautioned that if he continues to raise the same arguments over and over again, he will enjoined from filing further actions. ( Ordered by Judge Brian M. Cogan on 2/4/2019 ) c/m (Guzzi, Roseann) |
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| Monday, February 04, 2019 | ||
| 42 | 42
motion
Vacate
Mon 02/04 3:58 PM
MOTION to Vacate 25 by Benjamin Reches. (Guzzi, Roseann) |
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| Friday, September 15, 2017 | ||
| 40 | 40
appeal
Notice of Appeal
Fri 09/15 12:17 PM
NOTICE OF APPEAL as to39 Order on Motion to Amend/Correct/Supplement, by Benjamin Reches. Filing fee $ 505.00. Receipt #4653119395. Service done electronically. (McGee, Mary Ann) |
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appeal
Electronic Index to Record on Appeal
Fri 09/15 12:19 PM
Electronic Index to Record on Appeal sent to US Court of Appeals.40 Notice of Appeal Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (McGee, Mary Ann) |
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| Wednesday, August 23, 2017 | ||
| 39 | 39
order
Order on Motion to Amend/Correct/Supplement
Wed 08/23 12:10 PM
ORDER denying plaintiff's38 4th Motion for reconsideration. Plaintiff is warned that if he keeps doing this over and over, his privilege of filing in federal court is going to be terminated, and the Clerk will be directed to return to him any documents that he attempts to file. ( Ordered by Judge Brian M. Cogan on 8/22/2017 ) c/m (Guzzi, Roseann) |
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| Tuesday, August 22, 2017 | ||
| 38 | 38
motion
Amend/Correct/Supplement
Tue 08/22 4:12 PM
MOTION for relief under F.R.C.P. 60(b); Memorandum in support and Exhibit by Benjamin Reches, plaintiff pro se. (Guzzi, Roseann) |
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| Wednesday, June 21, 2017 | ||
| 37 | 37
appeal
USCA Mandate
Wed 06/21 12:12 PM
MANDATE of USCA as to30 Notice of Appeal filed by Benjamin Reches. It is Ordered that the judgment of the District Court is affirmed. See document for further details. Issued as Mandate: 6/21/17. USCA 16-3294 (McGee, Mary Ann) |
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Att: 1
USCA Statement of Costs
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| Thursday, October 13, 2016 | ||
| 36 | 36
appeal
USCA Appeal Fees
Thu 10/13 5:10 PM
USCA Appeal Fees received $ 505.00 receipt number 4653106468 re30 Notice of Appeal filed by Benjamin Reches. Payment made 9/26/16. (McGee, Mary Ann) |
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appeal
Electronic Index to Record on Appeal
Thu 10/13 5:11 PM
First Supplemental Electronic Index to Record on Appeal sent to US Court of Appeals36 Receipt for payment of Notice of Appeal. (McGee, Mary Ann) |
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| Tuesday, September 27, 2016 | ||
| 35 | 35
order
Order on Motion for Reconsideration
Tue 09/27 3:48 PM
ORDER dated 9/27/16 that this is plaintiff's third33 Motion for Reconsideration. It is again DENIED. The Court does not believe it overlooked any of plaintiff's arguments. Plaintiff has filed his notice of appeal and should raise any error in the Court's decision on appeal. ( Ordered by Judge Brian M. Cogan on 9/27/2016 ) c/m (Guzzi, Roseann) |
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| Monday, September 26, 2016 | ||
| 34 | 34
misc
Letter
Tue 09/27 2:50 PM
Letter dated 9/26/16 requesting that the Notice of Appeal submitted be removed from Pacer for privacy reasons. (Guzzi, Roseann) |
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| 33 | 33
motion
Reconsideration
Tue 09/27 10:53 AM
MOTION for Reconsideration Letter dated 9/22/16 requesting the Court to reconsider its decision and permitting plaintiff to raise a couple of important points by Benjamin Reches. (Guzzi, Roseann) |
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| 32 | 32
order
Order on Motion for Leave to Appeal In Forma Pauperis
Mon 09/26 2:58 PM
ORDER denying31 Motion for Leave to Appeal in forma pauperis. ( Ordered by Judge Brian M. Cogan on 9/23/2016 ) *Forward to appeals clerk. (Guzzi, Roseann) |
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appeal
Electronic Index to Record on Appeal
Mon 09/26 3:14 PM
First Supplemental Electronic Index to Record on Appeal sent to US Court of Appeals32 Order. (McGee, Mary Ann) |
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| Friday, September 23, 2016 | ||
| 31 | 31
motion
Appeal In Forma Pauperis
Fri 09/23 4:26 PM
MOTION for Leave to Appeal in forma pauperis by Benjamin Reches. (McGee, Mary Ann) |
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| 30 | 30
appeal
Notice of Appeal
Fri 09/23 4:25 PM
NOTICE OF APPEAL as to29 Order,25 Order on Motion to Dismiss, Order on Motion to Compel,,27 Order on Motion for Reconsideration by Benjamin Reches. No fee paid. IFP pending. Service done electronically. (McGee, Mary Ann) |
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appeal
Electronic Index to Record on Appeal
Fri 09/23 4:25 PM
Electronic Index to Record on Appeal sent to US Court of Appeals.30 Notice of Appeal Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (McGee, Mary Ann) |
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| Tuesday, September 20, 2016 | ||
| 29 | 29
order
Order(Other)
Tue 09/20 1:42 PM
ORDER re28 Letter. This letter is construed as a second motion for reconsideration of this Court's Memorandum Decision and Order of August 29, 2016. The standard for granting [a reconsideration motion] is strict, and reconsideration will generally be denied unless the moving party can point to controlling decisions or data that the court overlooked - matters, in other words, that might reasonably be expected to alter the conclusion reached by the court. Shrader v. CSX Transp. Inc., 70 F.3d 255, 257 (2d Cir. 1995). It is well-settled that [a motion for reconsideration] is not a vehicle for relitigating old issues, presenting the case under new theories, securing a rehearing on the merits, or otherwise taking a second bite at the apple. Analytical Surveys, 684 F.3d at 52 (quotation marks omitted); see also Wallace v. Brown, 485 F. Supp. 77, 78 (S.D.N.Y. Oct. 9, 1979). Further, [a] party seeking reconsideration may... no [t] advance new facts, issues or arguments not previously presented to the Court. In re Facebook, Inc., IPO Sec. & Derivative Litig., 43 F. Supp. 3d 369, 373 (S.D.N.Y. 2014) (quotations and citation omitted). Plaintiff's motion does not meet this standard. First, plaintiff's argument was not raised previously and could have been. Second, the 2004 document on which he relies would still put him outside of the statute of limitations. His motion is therefore denied. So Ordered by Judge Brian M. Cogan on 9/17/2016. (c/m) (Lee, Tiffeny) |
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| Thursday, September 15, 2016 | ||
| 28 | 28
misc
Letter
Fri 09/16 12:09 PM
Letter dated 9/13/16 from Benjamin Reches, to Judge Cogan regarding the Courts' recent decision denying the plaintiff's request for reconsideration. (Guzzi, Roseann) |
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| Monday, September 12, 2016 | ||
| 27 | 27
order
Order on Motion for Reconsideration
Mon 09/12 10:29 AM
ORDER denying26 Motion for Reconsideration. See for details. ( Ordered by Judge Brian M. Cogan on 9/9/2016 ) c/m to plaintiff (Guzzi, Roseann) |
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| Tuesday, September 06, 2016 | ||
| 26 | 26
motion
Reconsideration
Thu 09/08 3:07 PM
MOTION for Reconsideration plaintiff's five separate requests listed on page 2 by Benjamin Reches. (Guzzi, Roseann) |
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| Monday, August 29, 2016 | ||
| 25 | 25
order
Order on Motion to Dismiss Order on Motion to Compel
Mon 08/29 9:12 AM
MEMORANDUM DECISION AND ORDER dated 8/26/16 that plaintiffs second and fourth causes of action are dismissed with prejudice. Plaintiff first and third causes of action are remanded to the Supreme Court, Kings County. ( Ordered by Judge Brian M. Cogan on 8/26/2016 ) c/m to plaintiff; (Guzzi, Roseann) Modified on 8/29/2016 NO JGM required; remanded to Supreme, Kings (Guzzi, Roseann) |
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| Friday, June 17, 2016 | ||
| 24 | 24
order
Order(Other)
Fri 06/17 10:55 AM
ORDER dated 6/16/16 that plaintiff's re23 Letter request to submit a response to reply memorandum is DENIED. Plaintiff has failed to demonstrate cause for sur-reply papers. The Court is not going to consider any new argument that are not fairly responsive to plaintiff's opposition. In addition, the Court does not need further assistance from the parties in interpreting case law. ( Ordered by Judge Brian M. Cogan on 6/16/2016 ) c/m to plaintiff. (Guzzi, Roseann) |
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| Wednesday, June 15, 2016 | ||
| 23 | 23
misc
Letter
Thu 06/16 2:51 PM
Letter dated 6/15/16 from Benjamin Reches to Judge Cogan requesting permission to submit a response to Reply Memorandum. (Guzzi, Roseann) |
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| Monday, June 13, 2016 | ||
| 22 | 22
service
Affidavit of Service
Mon 06/13 4:47 PM
AFFIDAVIT of Service for Reply Memorandum in Further Support of Defendant's Motion to Dismiss the Complaint served on Benjamin Reches on June 13, 2016, filed by Morgan Stanley and Company. (Holtzman, Robert) |
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| 21 | 21
respoth
Reply in Support
Mon 06/13 4:39 PM
REPLY in Support re8 MOTION to Dismiss filed by Morgan Stanley and Company. (Holtzman, Robert) |
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| Wednesday, June 01, 2016 | ||
| 20 | 20
30+
pgs
respoth
Memorandum in Opposition
Thu 06/02 4:21 PM
MEMORANDUM in Opposition to defendant's8 MOTION to Dismiss filed by Benjamin Reches, plaintiff pro se. (Guzzi, Roseann) |
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| Friday, May 27, 2016 | ||
| 19 | 19
service
Affidavit of Service
Fri 05/27 1:05 PM
AFFIDAVIT of Service for Letter served on Benjamin Reches on May 27, 2016, filed by Morgan Stanley and Company. (Holtzman, Robert) |
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| 18 | 18
misc
Letter
Fri 05/27 12:45 PM
Letter by Morgan Stanley and Company (Holtzman, Robert) |
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| Tuesday, May 17, 2016 | ||
| 17 | 17
motion
Compel
Wed 05/18 8:15 AM
Letter MOTION to Compel by Benjamin Reches. (Rodriguez, Lori) |
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| Friday, May 06, 2016 | ||
| 16 | 16
misc
Letter
Wed 05/11 10:35 AM
Letter dated 5/4/16 from Benjamin Reches, plaintiff pro se requesting permission to be able to file documents by ECF. (Guzzi, Roseann) |
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| Wednesday, May 04, 2016 | ||
| 15 | 15
order
Order on Motion for Extension of Time to File Response/Reply
Wed 05/04 6:06 PM
ORDER granting14 Motion for Extension of Time to File Response/Reply until 6/1/2016. This is a lengthy extension and it is unlikely that plaintiff will begranted further extensions.. Ordered by Judge Brian M. Cogan on 5/4/2016. C/M to pro se litigant (Clarke, Melonie) |
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| Tuesday, May 03, 2016 | ||
| 14 | 14
motion
Extension of Time to File Response/Reply
Wed 05/04 2:11 PM
MOTION for Extension of Time to File Response/Reply to motion to dismiss until June 1, 2016 by Benjamin Reches. (Guzzi, Roseann) |
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| Thursday, April 28, 2016 | ||
| 13 | 13
service
Affidavit of Service
Thu 04/28 10:04 AM
AFFIDAVIT of Service for Notice To Pro Se Litigant Who Opposes A Rule 12 Motion Supported By Matters Outside The Pleadings served on Benjamin Reches on April 27, 2016, filed by Morgan Stanley and Company. (Holtzman, Robert) |
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| Wednesday, April 27, 2016 | ||
| 12 | 12
notice
Notice(Other)
Wed 04/27 5:45 PM
NOTICE by Morgan Stanley and Company re8 MOTION to Dismiss /Notice To Pro Se Litigant Who Opposes A Rule 12 Motion Supported By Matters Outside The Pleadings (Holtzman, Robert) |
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order
Order(Other)
Wed 04/27 3:52 PM
ORDER re:8 . Defendant is directed to serve and file a Notice to Pro Se pursuant to Local Rule 12.1 forthwith. Plaintiff must serve and file any opposition to this motion by 5/6/2016. Ordered by Judge Brian M. Cogan on 4/27/2016. (Weisberg, Peggy) |
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| Friday, April 22, 2016 | ||
| 11 | 11
service
Affidavit of Service
Fri 04/22 3:19 PM
AFFIDAVIT of Service for Notice of Motion to Dismiss and Supporting Papers served on Benjamins Reches on 4/22/2016, filed by Morgan Stanley and Company. (Holtzman, Robert) |
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| 10 | 10
respm
Affidavit/Declaration in Support of Motion
Fri 04/22 2:23 PM
AFFIDAVIT/DECLARATION in Support re8 MOTION to Dismiss filed by Morgan Stanley and Company. (Holtzman, Robert) |
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Att: 1
Exhibit A Part 1,
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Att: 2
Exhibit A Part 2,
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Att: 3
Exhibit A Part 3,
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Att: 4
Exhibit A Part 4,
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Att: 5
Exhibit A Part 5,
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Att: 6
Exhibit A Part 6,
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Att: 7
Exhibit B,
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Att: 8
Exhibit C
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| 9 | 9
24
pgs
respoth
Memorandum in Support
Fri 04/22 2:17 PM
MEMORANDUM in Support re8 MOTION to Dismiss filed by Morgan Stanley and Company. (Holtzman, Robert) |
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| 8 | 8
motion
Dismiss
Fri 04/22 2:15 PM
MOTION to Dismiss by Morgan Stanley and Company. (Holtzman, Robert) |
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| Wednesday, April 13, 2016 | ||
| 7 | 7
service
Affidavit of Service
Wed 04/13 3:49 PM
AFFIDAVIT of Service for Letter in re: Pre-Motion Conference served on Benjamin Reches on April 13, 2016, filed by Morgan Stanley and Company. (Holtzman, Robert) |
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| 6 | 6
order
Order on Motion for Pre Motion Conference
Wed 04/13 3:00 PM
The premotion conference is waived and defendant may file its motion. However, this letter suggests to the Court that some of defendant's arguments may require evidence extrinsic to the face of the complaint, and thus not be appropriate at this stage of the case. Since it appears that defendant recognizes that at least part of the complaint will require discovery, it should carefully consider whether to engage in targeted discovery and then move for summary judgment on the entire complaint rather than making a piecemeal motion now. Ordered by Judge Brian M. Cogan on 4/13/2016. C/M to pro se litigant (Clarke, Melonie) |
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| 5 | 5
motion
Pre Motion Conference
Wed 04/13 10:29 AM
Letter MOTION for pre motion conference by Morgan Stanley and Company. (Holtzman, Robert) |
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| Thursday, April 07, 2016 | ||
| 4 | 4
service
Affidavit of Service
Thu 04/07 12:37 PM
AFFIDAVIT of Service for Notice of Removal served on Benjamin Reches on 04/07/2016, filed by Morgan Stanley and Company. (Holtzman, Robert) |
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| 3 | 3
service
Affidavit of Service
Thu 04/07 11:53 AM
AFFIDAVIT of Service for Notice of Removal served on Benjamin Reches on 04/06/2016, filed by Morgan Stanley and Company. (Holtzman, Robert) |
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| 2 | 2
misc
Clerks Notice of Rule 73
Thu 04/07 10:59 AM
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:[LINK:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf] . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
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| Wednesday, April 06, 2016 | ||
| 1 | 1
notice
Notice of Removal
Thu 04/07 10:58 AM
NOTICE OF REMOVAL from the Supreme Court of the State of New York, Kings County by Morgan Stanley and Company (Bowens, Priscilla) |
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Att: 1
Civil Cover Sheet
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misc
Filing Fee Received
Thu 04/07 10:59 AM
FILING FEE: $ 400, receipt number 4653100306 (Bowens, Priscilla) |
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