Celli v. The Saloon, LLC, d/b/a The Peal River Saloon et al
| New York Southern District Court | |
| Judge: | Vincent L Briccetti |
| Case #: | 7:16-cv-06405 |
| Nature of Suit | 360 Torts - Personal Injury - Other Personal Injury |
| Cause | 28:1332 Diversity Action |
| Case Filed: | Aug 11, 2016 |
| Terminated: | Dec 29, 2017 |
| Last checked: Tuesday Feb 07, 2017 4:06 AM EST |
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Cross Claimant
The Saloon, LLC.
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Represented By
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Cross Claimant
Shawn Casey
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Represented By
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Cross Claimant
45-49 West Central Avenue LLC
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Represented By
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Cross Claimant
Bridget V. Killen
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Represented By
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Cross Defendant
45-49 West Central Avenue LLC
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Represented By
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Cross Defendant
XYZ Security Inc.
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Cross Defendant
The Saloon, LLC.
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Represented By
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Cross Defendant
Christopher Moynihan
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Cross Defendant
Shawn Casey
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Represented By
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Cross Defendant
Bridget V. Killen
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Represented By
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Defendant
XYZ Security Inc.
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Defendant
The Saloon, LLC.
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Represented By
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Defendant
Christopher Moynihan
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Defendant
Shawn Casey
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Represented By
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Defendant
Bridget V. Killen
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Represented By
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Defendant
45-49 West Central Avenue LLC
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Represented By
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Plaintiff
Timothy James Celli
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Represented By
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| Docket last updated: 2 hours ago |
| Friday, December 29, 2017 | ||
| 47 | 47
order
Stipulation and Order of Dismissal
Tue 01/02 8:58 AM
STIPULATION + ORDER OF DISCONTINUANCE: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, that whereas no party hereto is an infant or incompetent person for whom a committee has been appointed and no person not a party has an interest in the subject matter of the action, the above-entitled action against the defendants, be, and the same hereby is, discontinued as against these defendants, with prejudice, as against all parties and without costs to any. (Signed by Judge Vincent L. Briccetti on 12/29/2017) (mro) |
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| 46 | 46
misc
Stipulation of Voluntary Dismissal
Fri 12/29 9:07 AM
STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, With prejudice against the defendant(s) 45-49 West Central Avenue LLC, Bridget V. Killen, Shawn Casey, The Saloon, LLC., XYZ Security Inc. and Without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Timothy James Celli.(Blau, Steven) |
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| Wednesday, December 20, 2017 | ||
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minutes
Status Conference ~Util - Set Hearings
Wed 12/20 9:56 AM
Minute Entry for proceedings held before Judge Vincent L. Briccetti: Status Conference held on 12/20/2017, ( Telephone Conference set for 1/3/2018 at 12:45 PM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti.). (dh) |
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| Tuesday, December 05, 2017 | ||
| 45 | 45
notice
Notice of Appearance
Tue 12/05 1:31 PM
NOTICE OF APPEARANCE by Gina Marie Wischhusen on behalf of 45-49 West Central Avenue LLC, Bridget V. Killen, Shawn Casey, The Saloon, LLC.. (Wischhusen, Gina) |
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| Monday, November 20, 2017 | ||
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minutes
Status Conference
Mon 11/20 2:49 PM
Minute Entry for proceedings held before Judge Vincent L. Briccetti: Status Conference held on 11/20/2017. A further Conference is scheduled for 12-20-17 at 9:15 a.m. (dh) |
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utility
Set/Reset Hearings
Mon 11/20 2:50 PM
Set/Reset Hearings: Status Conference set for 12/20/2017 at 09:15 AM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti. (dh) |
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| Wednesday, November 01, 2017 | ||
| 44 | 44
notice
Notice of Appearance
Wed 11/01 12:01 PM
NOTICE OF APPEARANCE by Theodore Waclaw Ucinski, III on behalf of 45-49 West Central Avenue LLC, Bridget V. Killen, Shawn Casey, The Saloon, LLC.. (Ucinski, Theodore) |
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| Thursday, October 05, 2017 | ||
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minutes
Settlement Conference
Thu 10/05 3:37 PM
Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Settlement Conference held on 10/5/2017. The case did not settle. Reference closed. (Court Reporter Courtflow) (mc) |
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| Wednesday, September 13, 2017 | ||
| 43 | 43
order
Scheduling Order
Wed 09/13 11:06 AM
SCHEDULING ORDER: The Court has scheduled a Settlement Conference before the Honorable Paul E. Davison, United States Magistrate Judge, on October 5, 2017 2:30 pm in Courtroom 420. Counsel should have either: full independent settlement authority; principals present; or principals readily available by telephone. Counsel are encouraged, but not required, to submit a confidential, ex parte letter to the Court,not to exceed 5 pages in length, no later than two business days prior to the conference,outlining any information counsel believes would assist the Court in preparation for the conference. Counsel shall notify all other parties of their intention to submit an ex parte letter no later than one week prior to the conference. PLEASE NOTIFY ALL OTHER PARTIES OF THE ABOVE INFORMATION IMMEDIATELY. Any party seeking to reschedule shall telephone chambers with all other parties on the line. So ordered. (Settlement Conference set for 10/5/2017 at 02:30 PM in Courtroom 420, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Paul E. Davison). (Signed by Magistrate Judge Paul E. Davison on 9/13/2017) (rjm) |
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| Monday, September 11, 2017 | ||
| 42 | 42
1
pgs
order
Order Referring Case to Magistrate Judge
Mon 09/11 12:15 PM
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement (On or after 10/11/17). Referred to Magistrate Judge Paul E. Davison. So Ordered. (Signed by Judge Vincent L. Briccetti on 9/11/17) (yv) |
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minutes
Status Conference
Mon 09/11 11:58 AM
Minute Entry for proceedings held before Judge Vincent L. Briccetti: Status Conference held on 9/11/2017. A further conference is scheduled for 11-20-17 at 2:15 p.m. (dh) |
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utility
Set/Reset Hearings
Mon 09/11 11:59 AM
Set/Reset Hearings: Status Conference set for 11/20/2017 at 02:15 PM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti. (dh) |
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| Tuesday, September 05, 2017 | ||
| 41 | 41
discov
Response to Discovery Request
Tue 09/05 4:59 PM
RESPONSE to Discovery Request from The Saloon LLC d/b/a The Pearl River Saloon, Shawn Casey, Bridget V. Killen and Saloon LLC d/b/a 45-49 West Central Avenue LLC.Document filed by The Saloon, LLC..(Eisenberg, Scott) |
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| Tuesday, May 02, 2017 | ||
| 39 | 39
order
Order ~Util - Set Hearings
Tue 05/02 6:59 PM
CALENDAR NOTICE: PLEASE TAKE NOTICE that the above-captioned case has been re-scheduled for: Status conference on 6/5/2017 at 2:00 pm, in Courtroom 620, United States Courthouse, 300 Quarropas Street, White Plains, NY 10601. Adjourned from 5/31/2017. All requests for adjournments or extensions of time must be in writing and filed on ECF as letter-motions, in accordance with paragraph 1(F) of the Court's Individual Practices. Absent special circumstances, such requests shall be made at least two business days prior to the scheduled appearance. (Status Conference set for 6/5/2017 at 02:00 PM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti.) (Signed by Judge Vincent L. Briccetti on 5/2/2017) (ras) |
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| Thursday, March 02, 2017 | ||
| 38 | 38
misc
Certificate of Clerk
Fri 03/03 9:43 AM
CERTIFICATE OF DEFAULT issued. (mml) |
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| 37 | 37
order
Memo Endorsement ~Util - Set Deadlines
Thu 03/02 5:31 PM
MEMO ENDORSEMENT on re:35 Letter filed by 45-49 West Central Avenue LLC, Bridget V. Killen, Shawn Casey, The Saloon, LLC. ENDORSEMENT: Fact Discovery deadline extended to 5/8/2017. All other deadlines remain in effect. SO ORDERED. (Fact Discovery due by 5/8/2017.) (Signed by Judge Vincent L. Briccetti on 3/2/2017) (mml) |
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| 36 | 36
discov
Subpoena Issued
Thu 03/02 3:27 PM
SUBPOENA ISSUED for Officer Terrence Drain on 4/3/2017 at 1:00 pm.Document filed by 45-49 West Central Avenue LLC, Bridget V. Killen, Shawn Casey, The Saloon, LLC..(Eisenberg, Scott) |
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| Wednesday, March 01, 2017 | ||
| 35 | 35
misc
Letter
Wed 03/01 4:37 PM
FIRST LETTER addressed to Judge Vincent L. Briccetti from Scott Eisenberg dated March 1, 2017 re: Joint Status Report. Document filed by 45-49 West Central Avenue LLC, Bridget V. Killen, Shawn Casey, The Saloon, LLC..(Eisenberg, Scott) |
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| Thursday, December 15, 2016 | ||
| 34 | 34
notice
Notice of Change of Address
Thu 12/15 3:45 PM
NOTICE OF CHANGE OF ADDRESS by Scott Paul Eisenberg on behalf of 45-49 West Central Avenue LLC, Bridget V. Killen, Shawn Casey, The Saloon, LLC.. New Address: Goldberg Segalla LLP, 200 Garden City Plaza, Suite 520, Garden City, New York, USA 11530, 5162819826. (Eisenberg, Scott) |
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| Wednesday, December 07, 2016 | ||
| 33 | 33
misc
Request to Enter Default
Wed 12/07 1:38 PM
REQUEST TO ENTER DEFAULT against CHRISTOPHER MOYNIHAN . Document filed by Timothy James Celli.(Leonard, Shelly) |
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Att: 1
Declaration in Support,
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Att: 2
Certificate of Default,
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Att: 3
Certificate of Service
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| Thursday, December 01, 2016 | ||
| 32 | 32
cmp
Crossclaim Amended Answer to Complaints
Thu 12/01 4:36 PM
AMENDED ANSWER to., CROSSCLAIM against Shawn Casey, The Saloon, LLC., 45-49 West Central Avenue LLC, Bridget V. Killen. Document filed by Shawn Casey, The Saloon, LLC., 45-49 West Central Avenue LLC, Bridget V. Killen. (Eisenberg, Scott) |
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| Tuesday, November 22, 2016 | ||
| 31 | 31
order
Scheduling Order
Tue 11/22 3:00 PM
CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. § 636(c). This case is to be tried to a jury. Motions due by 12/22/2016. All Fact Discovery due by 3/22/2017. Non-expert Depositions due by 2/22/2017. All Expert Discovery due by 5/8/2017. Expert Depositions due by 5/8/2017. All Discovery due by 5/22/2017. Estimated length of trial: 7 days. The Magistrate Judge assigned to this case is the Honorable Paul E. Davison. Next Case Management Conference set for 5/31/2017 at 09:30 AM before Judge Vincent L. Briccetti. ENDORSEMENT: 16. Defendants (except for Moynihan) shall file amended answer by 12/2/16. 17. By 3/1/17, counsel shall submit joint letter regarding efforts to settle the case. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 11/22/2016) (lnl) |
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minutes
Pretrial Conference - Initial ~Util - Set Hearings
Tue 11/22 12:03 PM
Minute Entry for proceedings held before Judge Vincent L. Briccetti: Initial Pretrial Conference held on 11/22/2016, ( Status Conference set for 5/31/2017 at 09:30 AM before Judge Vincent L. Briccetti.). Order to follow. (kwi) |
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utility
Set/Reset Deadlines
Tue 11/22 3:01 PM
Set/Reset Deadlines: 45-49 West Central Avenue LLC answer due 12/2/2016; Bridget V. Killen answer due 12/2/2016; Shawn Casey answer due 12/2/2016; Christopher Moynihan answer due 12/2/2016; The Saloon, LLC. answer due 12/2/2016; XYZ Security Inc. answer due 12/2/2016. (lnl) |
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| Monday, November 21, 2016 | ||
| 30 | 30
misc
Jury Demand
Mon 11/21 3:22 PM
DEMAND for Trial by Jury. Document filed by 45-49 West Central Avenue LLC, Bridget V. Killen, Shawn Casey(Eisenberg, Scott) |
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| Thursday, November 03, 2016 | ||
| 29 | 29
misc
Rule 7.1 Corporate Disclosure Statement
Thu 11/03 4:26 PM
FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by 45-49 West Central Avenue LLC.(Eisenberg, Scott) |
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| 28 | 28
answer
Answer to Complaint Crossclaim
Thu 11/03 4:01 PM
ANSWER to Complaint., CROSSCLAIM against Christopher Moynihan. Document filed by 45-49 West Central Avenue LLC.(Eisenberg, Scott) |
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| Friday, October 21, 2016 | ||
| 27 | 27
order
Scheduling Order
Mon 10/24 9:36 AM
CALENDAR NOTICE: Status Conference set for 11/22/2016 at 09:30 AM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti (Signed by Judge Vincent L. Briccetti on 10/20/2016) (mml) |
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| Tuesday, October 18, 2016 | ||
| 26 | 26
notice
Notice of Hearing
Wed 10/19 11:37 AM
NOTICE OF INITIAL CONFERENCE: Initial Case Management and Scheduling Conference set for 11/23/2016 at 09:30 AM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti. (rj) |
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| Monday, October 17, 2016 | ||
| 25 | 25
discov
Notice to Take Deposition
Mon 10/17 2:18 PM
NOTICE to Take Deposition of Plaintiff Timothy James Celli on December 22, 2016 at 10 a.m..Document filed by Bridget V. Killen, Shawn Casey, The Saloon, LLC..(Eisenberg, Scott) |
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| 24 | 24
misc
Rule 7.1 Corporate Disclosure Statement
Mon 10/17 2:15 PM
FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bridget V. Killen, Shawn Casey, The Saloon, LLC..(Eisenberg, Scott) |
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| 23 | 23
answer
Answer to Complaint Crossclaim
Mon 10/17 2:11 PM
ANSWER to Complaint., CROSSCLAIM against 45-49 West Central Avenue LLC, Christopher Moynihan, XYZ Security Inc.. Document filed by Bridget V. Killen, Shawn Casey, The Saloon, LLC..(Eisenberg, Scott) |
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| Tuesday, October 11, 2016 | ||
| 22 | 22
notice
Notice (Other)
Tue 10/11 11:52 AM
NOTICE of STipulation of Extension of Time to respond to the Complaint. Document filed by Bridget V. Killen, Shawn Casey, The Saloon, LLC.. (Eisenberg, Scott) |
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| 21 | 21
service
Summons Returned Executed
Tue 10/11 10:00 AM
SUMMONS RETURNED EXECUTED Summons and Amended Complaint, served. Christopher Moynihan served on 9/28/2016, answer due 10/19/2016. Service was accepted by Mike Moynihan. Document filed by Timothy James Celli. (Leonard, Shelly) |
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| Wednesday, September 14, 2016 | ||
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service
Summons Returned Executed
Wed 09/14 10:55 AM
SUMMONS RETURNED EXECUTED Summons and Amended Complaint, served. Bridget V. Killen served on 8/29/2016, answer due 9/19/2016. Service was accepted by Linda Haubner. Document filed by Timothy James Celli. (Leonard, Shelly) |
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| 19 | 19
service
Summons Returned Executed
Wed 09/14 10:54 AM
SUMMONS RETURNED EXECUTED Summons and Amended Complaint, served. Shawn Casey served on 8/29/2016, answer due 9/19/2016. Service was accepted by Linda Haubner. Document filed by Timothy James Celli. (Leonard, Shelly) |
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| 18 | 18
service
Summons Returned Executed
Wed 09/14 10:54 AM
SUMMONS RETURNED EXECUTED Summons and Amended Complaint, served. 45-49 West Central Avenue LLC served on 8/29/2016, answer due 9/19/2016. Service was accepted by Linda Haubner. Document filed by Timothy James Celli. (Leonard, Shelly) |
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| 17 | 17
service
Summons Returned Executed
Wed 09/14 10:53 AM
SUMMONS RETURNED EXECUTED Summons and Amended Complaint, served. The Saloon, LLC. served on 8/29/2016, answer due 9/19/2016. Service was accepted by Linda Haubner. Document filed by Timothy James Celli. (Leonard, Shelly) |
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| Wednesday, August 17, 2016 | ||
| 16 | 16
cmp
Amended Complaint
Wed 08/17 11:00 AM
FIRST AMENDED COMPLAINT amending9 Complaint against 45-49 West Central Avenue LLC, Bridget V. Killen, Shawn Casey, Christopher Moynihan, The Saloon, LLC., XYZ Security Inc. with JURY DEMAND.Document filed by Timothy James Celli. Related document:9 Complaint filed by Timothy James Celli.(Leonard, Shelly) |
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| Friday, August 12, 2016 | ||
| 15 | 15
order
Order ~Util - Set Deadlines
Fri 08/12 12:34 PM
ORDER: The complaint fails to allege the citizenship of defendants Shawn Casey and Bridget V. Killen, because it does not allege the state in which either defendant is domiciled. Additionally, the complaint fails to allege the citizenship of defendants The Saloon, LLC, and 45-49 West Central Avenue, LLC, because it does not allege the identities or citizenship of any of their individual or entry members. By August 19, 2016, plaintiff shall file an amended complaint properly alleging all parties' citizenship. If plaintiff is unable to allege complete diversity truthfully, plaintiff must show cause in writing why this case should not be dismissed for lack of subject matter jurisdiction. ( Amended Pleadings due by 8/19/2016.) (Signed by Judge Vincent L. Briccetti on 8/12/2016) (rj) |
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| 14 | 14
service
Summons Issued
Fri 08/12 10:29 AM
ELECTRONIC SUMMONS ISSUED as to Christopher Moynihan. (vf) |
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| 13 | 13
service
Summons Issued
Fri 08/12 10:27 AM
ELECTRONIC SUMMONS ISSUED as to 45-49 West Central Avenue LLC. (vf) |
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| 12 | 12
service
Summons Issued
Fri 08/12 10:15 AM
ELECTRONIC SUMMONS ISSUED as to Bridget V. Killen. (vf) |
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| 11 | 11
service
Summons Issued
Fri 08/12 10:12 AM
ELECTRONIC SUMMONS ISSUED as to Shawn Casey. (vf) |
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| 10 | 10
service
Summons Issued
Fri 08/12 10:09 AM
ELECTRONIC SUMMONS ISSUED as to The Saloon, LLC. (vf) |
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| 9 | 9
cmp
Complaint
Fri 08/12 9:54 AM
COMPLAINT against 45-49 West Central Avenue LLC, Bridget V. Killen, Shawn Casey, Christopher Moynihan, The Saloon, LLC., XYZ Security Inc.. Document filed by Timothy James Celli.(Leonard, Shelly) |
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| 8 | 8
service
Request for Issuance of Summons
Fri 08/12 9:41 AM
REQUEST FOR ISSUANCE OF SUMMONS as to Christopher Moynihan, re:1 Complaint,. Document filed by Timothy James Celli. (Leonard, Shelly) |
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| 7 | 7
service
Request for Issuance of Summons
Fri 08/12 9:40 AM
REQUEST FOR ISSUANCE OF SUMMONS as to 45-49 West Central Avenue LLC., re:1 Complaint,. Document filed by Timothy James Celli. (Leonard, Shelly) |
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| 6 | 6
service
Request for Issuance of Summons
Fri 08/12 9:39 AM
REQUEST FOR ISSUANCE OF SUMMONS as to Bridget V. Killen, re:1 Complaint,. Document filed by Timothy James Celli. (Leonard, Shelly) |
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| 5 | 5
service
Request for Issuance of Summons
Fri 08/12 9:38 AM
REQUEST FOR ISSUANCE OF SUMMONS as to Shawn Casey, re:1 Complaint,. Document filed by Timothy James Celli. (Leonard, Shelly) |
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| 4 | 4
service
Request for Issuance of Summons
Fri 08/12 9:37 AM
REQUEST FOR ISSUANCE OF SUMMONS as to The Saloon LLC, re:1 Complaint,. Document filed by Timothy James Celli. (Leonard, Shelly) |
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| Thursday, August 11, 2016 | ||
| 3 | 3
FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS-FILER ERROR REQUEST FOR ISSUANCE OF SUMMONS as to The Saloon;Casey;Killen:45-49;Moynihan, re:1 Complaint,. Document filed by XYZ Security Inc..(Blau, Steven) Modified on 8/12/2016 (vf).
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Att: 1
Casey,
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Att: 2
Killen,
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Att: 3
45-49,
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Att: 4
Moynihan
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| 2 | 2
CIVIL COVER SHEET filed. (Blau, Steven)
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| 1 | 1
FILING ERROR - DEFICIENT PLEADING - FILER ERROR - COMPLAINT against Shawn Casey, 45-49 West Central Avenue LLC, Bridget V Killen, Christopher Moynihan, The Saloon, LLC, d/b/a The Peal River Saloon, XYZ Security Inc.. (Filing Fee $ 400.00, Receipt Number 0208-12643370)Document filed by Shawn Casey.(Blau, Steven) Modified on 8/12/2016 (vf).
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misc
Notice to Attorney Regarding Deficient Pleading
Fri 08/12 9:45 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Steven Bennett Blau to RE-FILE Document No. 1 Complaint,. The filing is deficient for the following reason(s): the wrong filer/filers were selected for the pleading. 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. (vf) |
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misc
Notice to Attorney Regarding Case Opening Statistical Error Correction
Fri 08/12 9:50 AM
***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Steven Bennett Blau. The following case opening statistical information was erroneously selected/entered: Office code White Plains Suspense; County code Rockland. The following correction(s) have been made to your case entry: the Office code has been modified to White Plains; the County code has been modified to XX Out of State. (vf) |
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notice
Case Opening Initial Assignment Notice
Fri 08/12 10:02 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vincent L. Briccetti. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:http://nysd.uscourts.gov/judges/District] . 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[LINK:http://nysd.uscourts.gov/ecf_filing.php] . (vf) |
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utility
Case Designation
Fri 08/12 10:03 AM
Magistrate Judge Paul E. Davison is so designated. (vf) |
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utility
Case Designated ECF
Fri 08/12 10:03 AM
Case Designated ECF. (vf) |
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