Ramon de la Cruz et al v. YTS Trading LLC et al
| New York Eastern District Court | |
| Judge: | Cheryl L Pollak |
| Referred: | Cheryl L Pollak |
| Case #: | 1:17-cv-02395 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 29:201 Fair Labor Standards Act |
| Case Filed: | Apr 21, 2017 |
| Terminated: | Aug 21, 2018 |
| Last checked: Wednesday Oct 18, 2017 5:08 AM EDT |
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Defendant
Jack Egg Farm Inc.
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Represented By
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Defendant
Jack Egg LLC
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Represented By
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Defendant
Jack's Eggs and Other Ingredients LLC
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Represented By
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Defendant
Jack Neustadt
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Represented By
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Defendant
Mordechai Neustadt
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Represented By
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Defendant
YTS Trading LLC
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Represented By
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Mediator
Patrick M. McKenna
McKenna & Schneier 10 Adair Court
Malverne, NY 11565 |
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Plaintiff
Manuel Cruz Quezada
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Represented By
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Plaintiff
Jose Ramon de la Cruz
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Represented By
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Plaintiff
Jose Angel Rodriguez Mata
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Represented By
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Plaintiff
Mario Zapata
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Represented By
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| TERMINATED PARTIES | |
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Defendant
Jack Stein
Terminated: 08/21/2017
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Represented By
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| Docket last updated: 88 minutes ago |
| Tuesday, August 21, 2018 | ||
| 27 | 27
1
pgs
order
Order Dismissing Case
Tue 08/21 12:05 PM
ORDER DISMISSING CASE, that the Complaint and any and all claims that were or could have been asserted in this action by any party are hereby dismissed in their entirety, with prejudice, and with each party to bear its own costs, expenses, disbursements, and attorneys' fees. (Ordered by Magistrate Judge Cheryl L. Pollak on 8/20/2018) (Galeano, Sonia) |
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| Monday, August 06, 2018 | ||
| 26 | 26
misc
Stipulation of Dismissal
Mon 08/06 10:06 AM
STIPULATION of Dismissal by Manuel Cruz Quezada, Jose Ramon de la Cruz, Jose Angel Rodriguez Mata, Mario Zapata (Androphy, Joshua) |
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| Wednesday, April 18, 2018 | ||
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3
pgs
order
Order on Motion for Settlement
Wed 04/18 12:38 PM
ORDER granting24 For the reasons set forth in the attached Order and placed on the record at the fairness hearing, the Court finds the proposed settlement to be fair and reasonable. The parties shall file a stipulation of dismissal for the Court's endorsement within thirty (30) days . So Ordered by Magistrate Judge Cheryl L. Pollak on 4/18/2018. (Caggiano, Diana) |
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| Wednesday, April 04, 2018 | ||
| 24 | 24
motion
Settlement
Wed 04/04 1:02 PM
Letter MOTION for Settlement Approval Order in Accordance with Fairness Hearing by Manuel Cruz Quezada, Jose Ramon de la Cruz, Jose Angel Rodriguez Mata, Mario Zapata. (Androphy, Joshua) |
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| Monday, March 26, 2018 | ||
| 23 | 23
misc
Consent to Jurisdiction by US Magistrate Judge
Mon 03/26 9:53 AM
CONSENT to Jurisdiction by US Magistrate Judge Case reassigned to Magistrate Judge Cheryl L. Pollak for all further proceedings. Judge LaShann DeArcy Hall no longer assigned to case 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. (Almonte, Giselle) |
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| Thursday, March 15, 2018 | ||
| 22 | 22
misc
Consent to Jurisdiction by US Magistrate Judge
Thu 03/15 5:59 PM
CONSENT to Jurisdiction by US Magistrate Judge by Jack Egg Farm Inc., Jack Egg LLC, Jack's Eggs and Other Ingredients LLC, Jack Neustadt, Mordechai Neustadt, YTS Trading LLC. (Howard, Richard) |
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| Wednesday, January 31, 2018 | ||
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minutes
Fairness/Cheeks Conference Order on Motion to Withdraw as Attorney
Wed 01/31 10:35 AM
MINUTE ENTRY for Fairness Hearing proceeding held before MJ Pollak on 1/31/2018. Counsel withdraws previously filed motion to withdraw as counsel17 . Fairness hearing held - order to issue. (FTR Log #9:55-10:06) (Caggiano, Diana) |
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| Monday, January 29, 2018 | ||
| 20 | 20
misc
Settlement Agreement
Mon 01/29 5:20 PM
SETTLEMENT AGREEMENT and Request for Approval of Settlement Agreement as Fair by Manuel Cruz Quezada, Jose Ramon de la Cruz, Jose Angel Rodriguez Mata, Mario Zapata (Faillace, Michael) |
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Att: 1
Exhibit A: Settlement Agreement,
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Att: 2
Exhibit B: Attorneys' Billing Records
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| Thursday, January 11, 2018 | ||
| 19 | 19
2
pgs
order
Order to Show Cause
Thu 01/11 10:58 AM
ORDER TO SHOW CAUSE re17 . Defendants, Jack Egg Farm, Inc., Jack Egg LLC, Jack's Eggs and Other Ingredients LLC, Jack Neustadt, and Mordechai Neustadt, are ORDERED TO SHOW CAUSE in person before this Court on JANUARY 31, 2018 at 9:30 a.m. in Courtroom 13B South why an Order permitting defendants' counsel to withdraw as counsel for defendants should not enter. Mr. Howard is ORDERED to serve a copy of this Order to Show Cause on each of the defendants by mail and e-mail, and to communicate its contents to each of the defendants by phone. He shall file a certificate attesting to such service on the public docket at least five (5) days before the hearing. So Ordered by Magistrate Judge Cheryl L. Pollak on 1/10/2018. (Caggiano, Diana) |
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| Tuesday, January 09, 2018 | ||
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service
Affidavit of Service
Tue 01/09 4:54 PM
AFFIDAVIT of Service for Notice of Motion to Be Releived as Counsel served on All Defendants and Adversary Attorney on 01/05/2018 and 01/09/2018, filed by Jack Egg Farm Inc., Jack Egg LLC, Jack's Eggs and Other Ingredients LLC, Jack Neustadt, Mordechai Neustadt, Jack Stein, YTS Trading LLC. (Howard, Richard) |
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| Friday, January 05, 2018 | ||
| 17 | 17
motion
Withdraw as Attorney
Fri 01/05 4:33 PM
MOTION to Withdraw as Attorney by Jack Egg Farm Inc., Jack Egg LLC, Jack's Eggs and Other Ingredients LLC, Jack Neustadt, Mordechai Neustadt, Jack Stein, YTS Trading LLC. (Howard, Richard) |
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Att: 1
Affidavit in Support of Motion to be Relieved,
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Att: 2
Exhibit A- Order
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| 16 | 16
misc
Letter
Fri 01/05 4:27 PM
Letter advising the court of defendants' inability to submit a signed settlement agreement by Jack Egg Farm Inc., Jack Egg LLC, Jack's Eggs and Other Ingredients LLC, Jack Neustadt, Mordechai Neustadt, Jack Stein, YTS Trading LLC (Howard, Richard) |
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order
Order(Other)
Fri 01/05 6:57 PM
ELECTRONIC ORDER re17 . Richard M. Howard, Esq. has moved to withdraw as counsel of record for all defendants; however, Mr. Howard's motion does not indicate that he has served17 the motion on his clients as required by local rule. See E.D.N.Y. L. Civ. R. 1.4 ("All applications to withdraw must be served upon the client[.]"). Mr. Howard is therefore Ordered to serve his motion to withdraw on each of the defendants and to file a certificate attesting to such service on the public docket. So Ordered by Magistrate Judge Cheryl L. Pollak on 1/5/2018. (Blase, Brendan) |
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| Tuesday, December 19, 2017 | ||
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order
Order(Other)
Tue 12/19 3:21 PM
ORDER: To avoid further delay, the parties shall execute the settlement agreement as soon as possible, and by 1/5/2018 plaintiffs' counsel shall submit a letter motion seeking approval of the settlement by attaching the fully-executed agreement and explaining how it is fair and reasonable within the meaning of Cheeks v. Freeport Pancake House , 796 F.3d 199 (2d Cir. 2015). The Court has scheduled a hearing for 1/31/2018 at 9:30 a.m. . If the parties fail to execute the settlement agreement by 1/5/2018, the parties are ORDERED to appear in person with their counsel before the undersigned at the hearing. Should the parties be unable to finalize settlement, the Court will establish a schedule to ensure that this matter proceeds to trial expeditiously and without further delay. If the parties submit the settlement agreement for approval, only counsel need attend the 1/31/2018 hearing. So Ordered by Magistrate Judge Cheryl L. Pollak on 12/19/2017. (Caggiano, Diana) |
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| 14 | 14
minutes
Status Conference ~Util - Set Hearings
Tue 12/19 1:29 PM
MINUTE ENTRY for Status Conference proceeding held before MJ Pollak on 12/19/2017. Parties are to execute settlement agreement and appear for a hearing on 1/31/2018 @ 9:30 AM. (Caggiano, Diana) |
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| Wednesday, December 06, 2017 | ||
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order
Scheduling Order
Wed 12/06 11:24 AM
ELECTRONIC SCHEDULING ORDER: If the parties do not file the stipulation of discontinuance by 12/15/17 , a status conference will be held on 12/19/2017 @ 11:00 AM before Magistrate Judge Cheryl L. Pollak. So Ordered by Magistrate Judge Cheryl L. Pollak on 12/6/2017. (Caggiano, Diana) |
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| Thursday, October 26, 2017 | ||
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adr
Report of Mediation(Settled/Unsettled)
Thu 10/26 4:54 PM
REPORT of Mediation settled. Both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be e-mailed to Robyn Weinstein at Robyn_Weinstein@nyed.uscourts.gov within two weeks following mediation session.Mediation Report Questionnaires due by 11/9/2017. (Weinstein, Robyn) |
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| Monday, August 21, 2017 | ||
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misc
Consent to Become Party (Collective Action)
Mon 08/21 6:38 PM
CONSENT to become party in a collective action. by Mario Zapata (Faillace, Michael) |
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| 12 | 12
cmp
Amended Complaint
Mon 08/21 6:27 PM
AMENDED COMPLAINT against Jack Egg Farm Inc., Jack Egg LLC, Jack's Eggs and Other Ingredients LLC, Jack Neustadt, Mordechai Neustadt, YTS Trading LLC, filed by Manuel Cruz Quezada, Jose Ramon de la Cruz, Jose Angel Rodriguez Mata, Mario Zapata. (Faillace, Michael) |
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Att: 1
Stipulation to Amend Complaint
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| Monday, August 07, 2017 | ||
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adr
Selection of Mediator
Mon 08/07 3:57 PM
SELECTION OF MEDIATOR Patrick M. McKenna selected as Mediator. The first mediation session will take place on August 24, 2017 at 1:30pm at 880 Third Avenue, 13th Floor NY, NY. Fourteen days on or before the session date, counsel shall file with the Mediator their client's mediation statement summarizing the facts, legal issues, particulars of any prior settlement discussions, and the name and title of the client or client representative with full settlement authority who will attend the mediation in person. Attendance in person is required of the trial attorney, insurance adjuster, and client or client representative with full settlement authority. The Confidentiality Stipulation must be signed at the mediation session by all participants and the Mediator and returned to Robyn Weinstein, ADR Administrator, Robyn_Weinstein@nyed.uscourts.gov or fax (718) 613-2333. Contact information for the Mediator is on the docket sheet. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be e-mailed to Robyn Weinstein at Robyn_Weinstein@nyed.uscourts.gov within two weeks following mediation session.Report of Mediation due by 9/7/2017. (Weinstein, Robyn) |
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| Monday, July 24, 2017 | ||
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misc
Consent to Become Party (Collective Action)
Mon 07/24 6:26 PM
CONSENT to become party in a collective action. by Manuel Cruz Quezada, Jose Ramon de la Cruz (Faillace, Michael) |
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adr
Mediation Instructions
Mon 07/24 11:27 AM
MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms. Counsel are to select a mediator, schedule the first mediation session, and file the name of the mediator, date, time and place of the first mediation session via CM/ECF using the event Selection of Mediator. For a list of the EDNY Mediators and their qualifications, see the Court's website at https://www.nyed.uscourts.gov/adr/Mediation/displayAll.cfm. EDNY Mediators are compensated in accordance with EDNY Local Civil Rule 83.8(f)(1)[formerly EDNY Local Civil Rule 83.11(f)(1)]. The Confidentiality Stipulation must be signed at the mediation session by all participants, including the mediator, and sent via email to Robyn_Weinstein@nyed.uscourts.gov. The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be e-mailed to Robyn Weinstein at Robyn_Weinstein@nyed.uscourts.gov within two weeks following mediation session. (Weinstein, Robyn) |
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| Friday, July 21, 2017 | ||
| 10 | 10
minutes
Status Conference
Fri 07/21 4:39 PM
MINUTE ENTRY for Status Conference proceeding held before MJ Pollak on 7/21/2017. Parties to attend FLSA mediation. (Rao, Sony) |
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order
Order Referring Case to Mediation
Fri 07/21 4:44 PM
ORDER REFERRING CASE to Mediation. Mediation shall be completed by 9/22/2017. Selection of Mediator due by 8/4/2017. So Ordered by Magistrate Judge Cheryl L. Pollak on 7/21/2017. (Rao, Sony) |
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| Friday, June 23, 2017 | ||
| 9 | 9
minutes
Initial Conference Hearing ~Util - Set Hearings
Fri 06/23 4:54 PM
MINUTE ENTRY for Initial Conference proceeding held before MJ Pollak on 6/23/2017. Defendant to provide records regarding motor carrier exemption. Status Conference set for 7/21/2017 @ 4:00 PM. (Caggiano, Diana) |
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| Monday, May 22, 2017 | ||
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notice
Notice of Appearance
Mon 05/22 10:03 AM
NOTICE of Appearance by Joshua S. Androphy on behalf of Manuel Cruz Quezada, Jose Ramon de la Cruz (aty to be noticed) (Androphy, Joshua) |
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| Thursday, May 18, 2017 | ||
| 7 | 7
order
Scheduling Order
Thu 05/18 12:41 PM
SCHEDULING ORDER: An Initial Conference is set for 6/23/2017 @ 3:00 PM before Magistrate Judge Cheryl L. Pollak. So Ordered by Magistrate Judge Cheryl L. Pollak on 5/18/2017. (Caggiano, Diana) |
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answer
Answer to Complaint
Thu 05/18 12:36 PM
ANSWER to1 Complaint,, by Jack Egg Farm Inc., Jack Egg LLC, Jack's Eggs and Other Ingredients LLC, Jack Neustadt, Mordechai Neustadt, Jack Stein, YTS Trading LLC. (Howard, Richard) |
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| 5 | 5
discov
Disclosure of Interested Parties
Thu 05/18 12:32 PM
DISCLOSURE of Interested Parties by Jack Neustadt, YTS Trading LLC, Jack Egg LLC, Jack's Eggs and Other Ingredients LLC, Mordechai Neustadt, Jack Stein, Jack Egg Farm Inc.. (Howard, Richard) |
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| Monday, April 24, 2017 | ||
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misc
Quality Control Check - Attorney Case Opening
Mon 04/24 12:56 PM
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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misc
Clerks Notice of Rule 73
Mon 04/24 12:55 PM
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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| Friday, April 21, 2017 | ||
| 2 | 2
service
Summons Issued
Mon 04/24 12:54 PM
Summons Issued as to All Defendants. (Bowens, Priscilla) |
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| 1 | 1
cmp
Complaint
Fri 04/21 1:55 PM
COMPLAINT against Jack Egg Farm Inc., Jack Egg LLC, Jack's Eggs and Other Ingredients LLC, Jack Neustadt, Mordechai Neustadt, Jack Stein, YTS Trading LLC filing fee $ 400, receipt number 0207-9467784 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Manuel Cruz Quezada, Jose Ramon de la Cruz. (Faillace, Michael) |
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Att: 1
Proposed Summons,
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Att: 2
Proposed Summons,
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Att: 3
Proposed Summons,
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Att: 4
Proposed Summons,
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Att: 5
Proposed Summons,
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Att: 6
Proposed Summons,
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Att: 7
Proposed Summons,
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Att: 8
Civil Cover Sheet
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utility
Case Assigned/Reassigned
Mon 04/24 12:26 PM
Case assigned to Judge LaShann DeArcy Hall and Magistrate Judge Cheryl L. Pollak. 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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