Martinez et al v. Amboy Food Distributors Corp. et al
| New York Eastern District Court | |
| Judge: | Allyne R Ross |
| Referred: | Ramon E Reyes, Jr |
| Case #: | 1:17-cv-02371 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 29:201 Fair Labor Standards Act |
| Case Filed: | Apr 20, 2017 |
| Terminated: | Sep 01, 2020 |
| Last checked: Tuesday Oct 17, 2017 5:12 AM EDT |
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Defendant
A&S Broadway Produce, Inc.
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Defendant
Amboy Food Distributors Corp.
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Defendant
Freehold Farmers Market LLC
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Defendant
Anthony Sciandra
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Defendant
Peter Sciandra
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Defendant
Steven Sciandra
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Defendant
Salvatore Sciandra Sr.
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Defendant
Top Tomato Gourmet Market & Pharmacy Inc.
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Defendant
Top Tomato Plaza, LLC
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Defendant
Top Tomato Super Store Inc.
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Defendant
Top Tomato Super Store LLC
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Defendant
Victory Produce, LLC
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Plaintiff
Arturo Martinez
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Represented By
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Plaintiff
Onesimo Prado
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Represented By
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| Docket last updated: 04/17/2024 11:59 PM EDT |
| Tuesday, September 01, 2020 | ||
| 30 | 30
order
Order(Other) Judgment
Tue 09/01 9:23 AM
ORDER and JUDGMENT re29 Notice of Acceptance with Offer of Judgment. Judgment for ARTURO MARTINEZ in the amount of $5,000.00. Judgment for ONESIMO PRADO in the amount of $5,000.00. Judgment for attorneys' fees and costs in the amount of $5,000.00. This offer of judgment is made solely for the purposes specified in Rule 68 of the Federal Rules of Civil Procedure, and is not to be construed either as an admission that Defendants are liable in this action, or that Plaintiffs have suffered any damages. ( Ordered by Judge Allyne R. Ross on 8/31/2020 ) (Guzzi, Roseann) |
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| 29 | 29
notice
Notice of Acceptance with Offer of Judgment
Tue 09/01 9:14 AM
NOTICE of Acceptance with Offer of Judgment. (Guzzi, Roseann) |
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| Friday, July 10, 2020 | ||
| 28 | 28
misc
Letter
Fri 07/10 10:17 AM
Letter re: Entering Rule 68 Judgment by Arturo Martinez, Onesimo Prado (Lee, C.K.) |
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| Monday, October 21, 2019 | ||
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order
Order on Motion to Withdraw as Attorney
Mon 10/21 10:16 AM
ORDER granting27 Motion to Withdraw as Attorney. Attorney Taimur Alamgir terminated Ordered by Magistrate Judge Ramon E. Reyes, Jr on 10/21/2019. |
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| Sunday, October 20, 2019 | ||
| 27 | 27
motion
Withdraw as Attorney
Sun 10/20 4:42 PM
MOTION to Withdraw as Attorney by Arturo Martinez, Onesimo Prado. (Alamgir, Taimur) |
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| Wednesday, June 12, 2019 | ||
| 26 | 26
notice
Notice of Change of Address/Firm/Email
Wed 06/12 4:04 PM
NOTICE of Change of address (Lee, C.K.) |
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| Friday, April 12, 2019 | ||
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order
Order on Motion for Settlement
Fri 04/12 1:23 PM
ORDER terminating20 Motion for Settlement. See Minute Entry dated 11/29/17 and Order dated 1/29/18.Ordered by Magistrate Judge Ramon E. Reyes, Jr on 4/12/2019. |
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| Monday, January 29, 2018 | ||
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order
Order Staying Case
Mon 01/29 5:08 PM
ORDER STAYING CASE: This case is stayed while the issue of whether Rule 68 offers of judgment in FLSA cases require court/DOL approval is pending before the Second Circuit in Yu v. Hasaki Restaurant, Inc. , No. 17-3388 Ordered by Judge Allyne R. Ross on 1/29/2018. (Clark, Sarah) |
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| Friday, January 26, 2018 | ||
| 25 | 25
misc
Letter
Fri 01/26 12:00 PM
Letter re status report & request to reconsider by A&S Broadway Produce, Inc., Amboy Food Distributors Corp., Freehold Farmers Market LLC, Anthony Sciandra, Peter Sciandra, Steven Sciandra, Salvatore Sciandra Sr., Top Tomato Gourmet Market & Pharmacy Inc., Top Tomato Plaza, LLC, Top Tomato Super Store Inc., Top Tomato Super Store LLC, Victory Produce, LLC (Brown, Matthew) |
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| Friday, January 19, 2018 | ||
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minutes
Telephone Conference
Fri 01/19 5:50 PM
Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr. Telephone Conference held on 1/19/2018. Appearances by Anne Seelig, Esq. for the Plaintiff and Matthew Brown, Esq. and Joseph Labuda, Esq. for the Defendants. Discussions held regarding24 NOTICE of Acceptance with Offer of Judgment. A fair and reasonable offer, as discussed on the record, must be submitted by 1/26/2018. (FTR Log #2:03:16-2:15:56 (208N)) (Strong, Ardis) |
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| Friday, December 29, 2017 | ||
| 24 | 24
notice
Notice of Acceptance with Offer of Judgment
Fri 12/29 11:54 AM
NOTICE of Acceptance with Offer of Judgment by Arturo Martinez, Onesimo Prado (Lee, C.K.) |
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| Wednesday, November 29, 2017 | ||
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minutes
Fairness/Cheeks Conference ~Util - Set Hearings
Wed 11/29 11:31 AM
Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr:Fairness/Cheeks Conference held on 11/29/2017. Case called. Plaintiffs' represented by Anne Seeling present with Plaintiffs Arturo Martinez and Onesimo Prado. Defendants represented by Matthew Brown present with Defendant Anthony Sciandra. Discussions held. The parties' settlement agreement20 is not approved for the reasons stated on the record. Telephone Conference set for 1/19/2018 at 2:00 PM before Magistrate Judge Ramon E. Reyes Jr. Plaintiff's counsel is directed to initiate the call then dial in chambers once all the parties are on the line. (FTR Log: 10:29:44-10:50:41 continued 10:58:03-11:03:44)Contact the E.S.R., Department at (718) 613-2590 to order the transcript. (Vertus, Miriam) |
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| Friday, November 17, 2017 | ||
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order
Order on Motion to Adjourn Conference
Fri 11/17 11:23 AM
ORDER granting23 Motion to Adjourn Conference by Defendants. Fairness/Cheeks Hearing set for 11/29/2017 10:00 AM in Courtroom 2E North before Magistrate Judge Ramon E. Reyes, Jr. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 11/17/2017. (Strong, Ardis) |
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| Monday, November 13, 2017 | ||
| 23 | 23
motion
Adjourn Conference
Mon 11/13 3:58 PM
MOTION to Adjourn Conference by A&S Broadway Produce, Inc., Amboy Food Distributors Corp., Freehold Farmers Market LLC, Anthony Sciandra, Peter Sciandra, Steven Sciandra, Salvatore Sciandra Sr., Top Tomato Gourmet Market & Pharmacy Inc., Top Tomato Plaza, LLC, Top Tomato Super Store Inc., Top Tomato Super Store LLC, Victory Produce, LLC. (Brown, Matthew) |
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| 22 | 22
notice
Notice of Appearance
Mon 11/13 3:57 PM
NOTICE of Appearance by Matthew A Brown on behalf of All Defendants (aty to be noticed) (Brown, Matthew) |
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| 21 | 21
notice
Notice of Appearance
Mon 11/13 3:55 PM
NOTICE of Appearance by Joseph M. Labuda on behalf of A&S Broadway Produce, Inc., Amboy Food Distributors Corp., Freehold Farmers Market LLC, Anthony Sciandra, Peter Sciandra, Steven Sciandra, Salvatore Sciandra Sr., Top Tomato Gourmet Market & Pharmacy Inc., Top Tomato Plaza, LLC, Top Tomato Super Store Inc., Top Tomato Super Store LLC, Victory Produce, LLC (aty to be noticed) (Labuda, Joseph) |
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| Wednesday, November 01, 2017 | ||
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order
Order(Other)
Wed 11/01 1:30 PM
ORDER REFERRING MOTION:20 Letter Request/Motion for Approval of Settlement filed by plaintiffs. Motion referred to Magistrate Judge Reyes for a Report and Recommendation pursuant to 28 U.S.C. section 636(b)(1)(B). Ordered by Judge Allyne R. Ross on 11/1/2017. (Clark, Sarah) |
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order
~Util - Set Hearings
Wed 11/01 4:55 PM
SCHEDULING ORDER: re20 Letter requesting approval of settlement agreement by Arturo Martinez, Onesimo Prado. Fairness/Cheeks Hearing set for 11/20/2017 at 2:00 PM in Courtroom 2E North before Magistrate Judge Ramon E. Reyes, Jr. All parties to the settlement agreement are instructed to attend. Individual Defendants are directed to produce the employee arbitration agreements and records supporting their current financial hardship to the Court at the 11/20/2017 hearing. Plaintiffs' counsel is directed to serve a copy of this order on all the named defendants, then file proof of service on CM/ECF. So Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 11/1/2017. (Strong, Ardis) |
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| Monday, October 30, 2017 | ||
| 20 | 20
misc
Letter
Mon 10/30 12:33 PM
Letter requesting approval of settlement agreement by Arturo Martinez, Onesimo Prado (Lee, C.K.) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B
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| Friday, October 27, 2017 | ||
| 19 | 19
misc
Letter
Fri 10/27 9:20 PM
Letter requesting approval of settlement by Arturo Martinez, Onesimo Prado (Lee, C.K.) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B
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notice
Notice(Other)
Tue 10/31 10:26 AM
NOTICE re19 Letter requesting approval of settlement. The parties are directed to submit all dispositive motions, including but not limited to summary judgment motions and motions to dismiss, are to be made to the District Judge,unless the parties have consented in writing to determination by the MagistrateJudge in accordance with 28 U.S.C. § 636 (c)(1). (Vertus, Miriam) |
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| Monday, October 23, 2017 | ||
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order
Order on Motion for Extension of Time to File ~Util - Set Deadlines
Mon 10/23 1:02 PM
ORDER granting18 Second Motion for Extension of Time to File fairness submission 10/18/2017. A joint Status Report on why the fairness submission was not filed is due by 10/27/2017. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 10/23/2017. (Vertus, Miriam) |
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| Thursday, October 05, 2017 | ||
| 18 | 18
motion
Extension of Time to File Document
Thu 10/05 9:58 AM
MOTION for Extension of Time to File fairness submission by Arturo Martinez, Onesimo Prado. (Lee, C.K.) |
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| Thursday, September 21, 2017 | ||
| 17 | 17
motion
Extension of Time to File Document
Thu 09/21 9:35 AM
MOTION for Extension of Time to File fairness submission by Arturo Martinez, Onesimo Prado. (Lee, C.K.) |
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order
Order on Motion for Extension of Time to File ~Util - Set Deadlines
Thu 09/21 12:52 PM
ORDER granting17 Motion for Extension of Time to File fairness submission by 10/4/2017. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 9/21/2017. (Vertus, Miriam) |
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| Thursday, September 07, 2017 | ||
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minutes
Initial Conference Hearing
Thu 09/07 11:23 AM
Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr:Initial Conference Hearing held on 9/7/2017. Plaintiffs represented by Taimur Alamgir. No representative is present for the Defendants. Mr. Alamgir has reported to the Court that the case is settled in principle. The parties are directed to file the appropriate settlement documents on CM/ECF no later than 9/20/2017 addressed to Judge Ross. (FTR Log #not recorded.) (Vertus, Miriam) |
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| Tuesday, September 05, 2017 | ||
| 16 | 16
misc
Case Management Statement
Tue 09/05 6:07 PM
CASE MANAGEMENT STATEMENT Of Plaintiffs (Alamgir, Taimur) |
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| 15 | 15
notice
Notice of Appearance
Tue 09/05 6:05 PM
NOTICE of Appearance by Taimur Alamgir on behalf of Arturo Martinez, Onesimo Prado (aty to be noticed) (Alamgir, Taimur) |
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| Monday, August 14, 2017 | ||
| 14 | 14
notice
Notice(Other)
Mon 08/14 4:16 PM
NOTICE by Arturo Martinez Consent to Sue (Lee, C.K.) |
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| 13 | 13
notice
Notice(Other)
Mon 08/14 4:11 PM
NOTICE by Arturo Martinez, Onesimo Prado Consent to Sue (Lee, C.K.) |
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| Monday, August 07, 2017 | ||
| 12 | 12
service
Summons Returned Executed
Mon 08/07 4:04 PM
SUMMONS Returned Executed by Onesimo Prado, Arturo Martinez. Amboy Food Distributors Corp. served on 7/8/2017, answer due 7/31/2017. (Lee, C.K.) |
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| 11 | 11
service
Summons Returned Executed
Mon 08/07 3:26 PM
SUMMONS Returned Executed by Onesimo Prado, Arturo Martinez. Victory Produce, LLC served on 7/8/2017, answer due 7/31/2017. (Lee, C.K.) |
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| 10 | 10
service
Summons Returned Executed
Mon 08/07 2:52 PM
SUMMONS Returned Executed by Onesimo Prado, Arturo Martinez. Steven Sciandra served on 7/5/2017, answer due 7/26/2017. (Lee, C.K.) |
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service
Summons Returned Executed
Mon 08/07 2:50 PM
SUMMONS Returned Executed by Onesimo Prado, Arturo Martinez. Salvatore Sciandra Sr. served on 7/5/2017, answer due 7/26/2017. (Lee, C.K.) |
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service
Summons Returned Executed
Mon 08/07 2:48 PM
SUMMONS Returned Executed by Onesimo Prado, Arturo Martinez. Peter Sciandra served on 7/5/2017, answer due 7/26/2017. (Lee, C.K.) |
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service
Summons Returned Executed
Mon 08/07 2:46 PM
SUMMONS Returned Executed by Onesimo Prado, Arturo Martinez. Anthony Sciandra served on 7/5/2017, answer due 7/26/2017. (Lee, C.K.) |
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| Monday, July 24, 2017 | ||
| 6 | 6
order
Scheduling Order
Mon 07/24 11:00 AM
SCHEDULING ORDER: Initial Conference set for 9/7/2017 at 11:00 AM in Courtroom 2E North before Magistrate Judge Ramon E. Reyes Jr., located in the United States Eastern District of New York Courthouse, 225 Cadman Plaza East, Brooklyn, New York 11201. All counsel are required to attend, and plaintiff's counsel is directed to ensure that all counsel are aware of their obligation to appear. Any requests for adjournment must be made in writing on notice to opposing parties, and must disclose whether all parties consent. No request for adjournment will be considered unless made at least forty-eight (48) hours before the scheduled conference. Prior to the conference, the parties are to comply with the requirements of Rule 26(f) of the Fed. R. Civ. P. (See main document) Case Management Statement must be completed and filed on ECF no later than 9/4/2017. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 7/24/2017. (Vertus, Miriam) |
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| Tuesday, May 23, 2017 | ||
| 5 | 5
notice
Notice of Appearance
Tue 05/23 2:40 PM
NOTICE of Appearance by Anne Seelig on behalf of Arturo Martinez, Onesimo Prado (aty to be noticed) (Seelig, Anne) |
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| Friday, April 21, 2017 | ||
| 4 | 4
misc
Quality Control Check - Attorney Case Opening
Fri 04/21 11:42 AM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
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| 3 | 3
misc
Clerks Notice of Rule 73
Fri 04/21 11:42 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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| Thursday, April 20, 2017 | ||
| 2 | 2
service
Summons Issued
Fri 04/21 11:41 AM
Summons Issued as to All Defendants. (Bowens, Priscilla) |
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| 1 | 1
cmp
Complaint
Thu 04/20 4:28 PM
COMPLAINT against A&S Broadway Produce, Inc., Amboy Food Distributors Corp., Freehold Farmers Market LLC, Anthony Sciandra, Peter Sciandra, Steven Sciandra, Salvatore Sciandra Sr., Top Tomato Gourmet Market & Pharmacy Inc., Top Tomato Plaza, LLC, Top Tomato Super Store Inc., Top Tomato Super Store LLC, Victory Produce, LLC filing fee $ 400, receipt number 0207-9465288 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Onesimo Prado, Arturo Martinez. (Lee, C.K.) |
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Att: 1
Exhibit #'s 1-5,
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Att: 2
Civil Cover Sheet,
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Att: 3
Proposed Summons
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utility
Case Assigned/Reassigned
Fri 04/21 11:33 AM
Case assigned to Judge Allyne R. Ross and Magistrate Judge Ramon E. Reyes, Jr. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) |
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