New York Southern District Court
Judge:Denise L Cote
Case #: 1:17-cv-09767
Nature of Suit160 Contract - Stockholders’ Suits
Cause28:1331 Fed. Question
Case Filed:Dec 13, 2017
Terminated:Feb 12, 2018
Last checked: Monday Jun 11, 2018 5:41 AM EDT
Defendant
Daniel P. Amos
Represented By
Brett D. Jaffe
Alston & Bird, Llp(nyc)
contact info
Lisa R Bugni
Alston & Bird Llp (ga)
contact info
Mary C. Gill
Alston & Bird LLP
contact info
Defendant
Paul S. Amos, II
Represented By
Kirby Behre
Miller & Chevalier Chartered
contact info
Defendant
Elizabeth Hudson
Represented By
Brett D. Jaffe
Alston & Bird, Llp(nyc)
contact info
Lisa R Bugni
Alston & Bird Llp (ga)
contact info
Mary C. Gill
Alston & Bird LLP
contact info
Defendant
Douglas W. Johnson
Represented By
Brett D. Jaffe
Alston & Bird, Llp(nyc)
contact info
Lisa R Bugni
Alston & Bird Llp (ga)
contact info
Mary C. Gill
Alston & Bird LLP
contact info
Defendant
Charles B. Knapp
Represented By
Brett D. Jaffe
Alston & Bird, Llp(nyc)
contact info
Lisa R Bugni
Alston & Bird Llp (ga)
contact info
Mary C. Gill
Alston & Bird LLP
contact info
Defendant
W. Paul Bowers
Represented By
Brett D. Jaffe
Alston & Bird, Llp(nyc)
contact info
Lisa R Bugni
Alston & Bird Llp (ga)
contact info
Mary C. Gill
Alston & Bird LLP
contact info
Defendant
Barbara K. Rimer
Represented By
Brett D. Jaffe
Alston & Bird, Llp(nyc)
contact info
Lisa R Bugni
Alston & Bird Llp (ga)
contact info
Mary C. Gill
Alston & Bird LLP
contact info
Defendant
Joseph L. Moskowitz
Represented By
Brett D. Jaffe
Alston & Bird, Llp(nyc)
contact info
Defendant
Melvin T. Stith
Represented By
Brett D. Jaffe
Alston & Bird, Llp(nyc)
contact info
Nominal Defendant
Aflac Incorporated
1932 Wynnton Road
Columbus, GA 31999
Represented By
Brett D. Jaffe
Alston & Bird, Llp(nyc)
contact info
Lisa R Bugni
Alston & Bird Llp (ga)
contact info
Mary C. Gill
Alston & Bird LLP
contact info
Plaintiff
Martin Conroy
Represented By
Dimitry Joffe
Joffe Law P.C.
contact info
Plaintiff
Gerard McCarthy
Represented By
Dimitry Joffe
Joffe Law P.C.
contact info
Plaintiff
Louis Varela
Represented By
Dimitry Joffe
Joffe Law P.C.
contact info


Docket last updated: 04/17/2024 11:59 PM EDT
Monday, February 12, 2018
31 31 3 pgs order Order on Motion to Stay Order on Motion to Transfer Case Mon 02/12 4:17 PM
ORDER. It is hereby ORDERED that the defendants' January 16, 2018 motion to transfer is granted. The Clerk of Court is directed to transfer this action to the United States District Court for the Middle District of Georgia. IT IS FURTHER ORDERED that the defendants' January 16, 2018 motion to stay this proceeding is denied. So ordered. Denying25 Motion to Stay; Granting9 Motion to Transfer Case. (Signed by Judge Denise L. Cote on 2/12/2018) (rjm)
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30 30 misc Letter Mon 02/12 11:18 AM
LETTER addressed to Judge Denise L. Cote from Brett D. Jaffe dated February 12, 2018 re: Notice of Supplemental Authority in Support of Defendants' Motion to Transfer Venue. Document filed by Aflac Incorporated, Daniel P. Amos, Paul S. Amos, II, W. Paul Bowers, Elizabeth Hudson, Douglas W. Johnson, Charles B. Knapp, Joseph L. Moskowitz, Barbara K. Rimer, Melvin T. Stith.(Jaffe, Brett)
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Att: 1 Exhibit A - Class Action Complaint
transfer Case Transferred Out - District Transfer Mon 02/12 4:21 PM
CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Middle District of Georgia. (rjm)
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misc Received Acknowledgment (Electronic Case Transfer) Tue 02/13 7:35 AM
Received e-mail from the United States District Court - Middle District of Georgia acknowledging receipt of transferred case. Assigned Case Number: 4:18-cv-00033, filed on 02/12/2018. (sjo)
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Thursday, February 08, 2018
29 29 3 pgs respm Declaration in Support of Motion Thu 02/08 3:22 PM
DECLARATION of Matthew Loudermilk in Support re:9 JOINT MOTION to Transfer Case to the Middle District of Georgia .. Document filed by Aflac Incorporated, Daniel P. Amos, Paul S. Amos, II, W. Paul Bowers, Elizabeth Hudson, Douglas W. Johnson, Charles B. Knapp, Joseph L. Moskowitz, Barbara K. Rimer, Melvin T. Stith. (Jaffe, Brett)
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28 28 16 pgs respm Reply Memorandum of Law in Support of Motion Thu 02/08 3:18 PM
REPLY MEMORANDUM OF LAW in Support re:9 JOINT MOTION to Transfer Case to the Middle District of Georgia . . Document filed by Aflac Incorporated, Daniel P. Amos, Paul S. Amos, II, W. Paul Bowers, Elizabeth Hudson, Douglas W. Johnson, Charles B. Knapp, Joseph L. Moskowitz, Barbara K. Rimer, Melvin T. Stith. (Jaffe, Brett)
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27 27 3 pgs respm Reply to Response to Motion Thu 02/08 10:49 AM
LETTER REPLY to Response to Motion addressed to Judge Denise L. Cote from Brett D. Jaffe dated 02/08/2018 re:25 LETTER MOTION to Stay addressed to Judge Denise L. Cote from Brett D. Jaffe and Kirby D. Behre dated February 6, 2018. . Document filed by Aflac Incorporated, Daniel P. Amos, W. Paul Bowers, Elizabeth Hudson, Douglas W. Johnson, Charles B. Knapp, Joseph L. Moskowitz, Barbara K. Rimer, Melvin T. Stith. (Jaffe, Brett)
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Wednesday, February 07, 2018
26 26 3 pgs respm Response to Motion Wed 02/07 12:28 PM
LETTER RESPONSE to Motion addressed to Judge Denise L. Cote from Dimitry Joffe dated 2/7/2018 re:25 LETTER MOTION to Stay addressed to Judge Denise L. Cote from Brett D. Jaffe and Kirby D. Behre dated February 6, 2018. . Document filed by Martin Conroy, Gerard McCarthy, Louis Varela. (Joffe, Dimitry)
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Tuesday, February 06, 2018
25 25 2 pgs motion Stay Tue 02/06 12:00 PM
LETTER MOTION to Stay addressed to Judge Denise L. Cote from Brett D. Jaffe and Kirby D. Behre dated February 6, 2018. Document filed by Aflac Incorporated, Daniel P. Amos, Paul S. Amos, II, W. Paul Bowers, Elizabeth Hudson, Douglas W. Johnson, Charles B. Knapp, Joseph L. Moskowitz, Barbara K. Rimer, Melvin T. Stith.(Jaffe, Brett)
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Friday, February 02, 2018
24 24 11 pgs respm Memorandum of Law in Opposition to Motion Fri 02/02 5:22 PM
MEMORANDUM OF LAW in Opposition re:9 JOINT MOTION to Transfer Case to the Middle District of Georgia . . Document filed by Martin Conroy, Gerard McCarthy, Louis Varela. (Joffe, Dimitry)
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23 23 56 pgs cmp Amended Complaint Fri 02/02 5:21 PM
AMENDED COMPLAINT amending22 Amended Complaint,, against Daniel P. Amos, Paul S. Amos, II, W. Paul Bowers, Elizabeth Hudson, Douglas W. Johnson, Charles B. Knapp, Joseph L. Moskowitz, Barbara K. Rimer, Melvin T. Stith with JURY DEMAND.Document filed by Louis Varela, Martin Conroy, Gerard McCarthy. Related document:22 Amended Complaint,,.(Joffe, Dimitry)
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Att: 1 Exhibit Exhibits 1-6 to the Corrected Amended Complaint
utility Add Party for Pleading Fri 02/02 5:17 PM
ADD PARTY FOR PLEADING. Defendants/Respondents Daniel P. Amos, Paul S. Amos, II, W. Paul Bowers, Elizabeth Hudson, Douglas W. Johnson, Charles B. Knapp, Barbara K. Rimer, Melvin T. Stith, Joseph L. Moskowitz added. Party added pursuant to22 Amended Complaint,,.Document filed by Louis Varela, Martin Conroy, Gerard McCarthy. Related document:22 Amended Complaint,,.(Joffe, Dimitry)
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Thursday, February 01, 2018
misc Notice to Attorney Regarding Deficient Pleading Thu 02/01 1:51 PM
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Dimitry Joffe to RE-FILE re: Document No. 22 Amended Complaint,,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; the wrong party/parties whom the pleading is against were selected; Add Joseph L. Moscowitz to CM ECF. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. Re-file the pleading using the event type Amended 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. (pc)
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Wednesday, January 31, 2018
22 22 55 pgs cmp Amended Complaint Wed 01/31 4:26 PM
AMENDED COMPLAINT amending1 Complaint, against Daniel P. Amos, Paul S. Amos, II, W. Paul Bowers, Elizabeth Hudson, Douglas W. Johnson, Charles B. Knapp, Barbara K. Rimer, Joseph Moscowitz, Melvin T. Stith with JURY DEMAND.Document filed by Louis Varela, Martin Conroy, Gerard McCarthy. Related document:1 Complaint,.(Joffe, Dimitry)
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Att: 1 127 pgs Exhibit Exhibits 1-6 to the Amended Complaint
Wednesday, January 24, 2018
21 21 order Order on Motion to Appear Pro Hac Vice Wed 01/24 11:00 AM
ORDER granting14 Motion for Mary C. Gill to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise)
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20 20 order Order on Motion to Appear Pro Hac Vice Wed 01/24 10:59 AM
ORDER granting19 Motion for Lisa R. Bugni to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise)
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Tuesday, January 23, 2018
misc Notice Regarding Pro Hac Vice Motion Tue 01/23 6:03 AM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 14 MOTION for Mary C. Gill to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14592185. Motion and supporting papers to be reviewed by Clerk's Office staff., 19 MOTION for Lisa R. Bugni to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14606166. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Monday, January 22, 2018
19 19 motion Appear Pro Hac Vice Mon 01/22 5:56 PM
MOTION for Lisa R. Bugni to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14606166. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Aflac Incorporated, Daniel P. Amos, W. Paul Bowers, Elizabeth Hudson, Douglas W. Johnson, Charles B. Knapp, Barbara K. Rimer.(Bugni, Lisa)
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Att: 1 Declaration of Lisa R. Bugni,
Att: 2 Certificates of Good Standing,
Att: 3 Text of Proposed Order
18 18 3 pgs order Order on Motion to Stay Mon 01/22 4:27 PM
ENDORSED LETTER addressed to Judge Cote from plaintiffs' counsel for the dated 1/19/2018 opposing defendants' request to stay this action pending the Court's resolution of their motion to transfer venue. ENDORSEMENT: The amended complaint shall be filed by 2/2/18. There shall be no stay entered pursuant to the defendants' 1/16/18 request. (Signed by Judge Denise L. Cote on 1/22/2018) (gr)
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17 17 order Order on Motion to Appear Pro Hac Vice Mon 01/22 4:16 PM
ORDER granting16 Motion for Kirby D. Behre to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise)
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16 16 motion Appear Pro Hac Vice Mon 01/22 11:35 AM
MOTION for Kirby D. Behre to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14602569. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Paul S. Amos, II.(Behre, Kirby)
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Att: 1 Affidavit,
Att: 2 Exhibit A,
Att: 3 Exhibit B,
Att: 4 Text of Proposed Order
misc Notice Regarding Pro Hac Vice Motion Mon 01/22 11:44 AM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 16 MOTION for Kirby D. Behre to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14602569. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Friday, January 19, 2018
15 15 3 pgs respm Reply Memorandum of Law in Opposition to Motion Fri 01/19 5:24 PM
REPLY MEMORANDUM OF LAW in Opposition re:12 JOINT LETTER MOTION to Stay addressed to Judge Denise L. Cote from Brett D. Jaffe dated January 16, 2018. . Document filed by Martin Conroy, Gerard McCarthy, Louis Varela. (Joffe, Dimitry)
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Thursday, January 18, 2018
14 14 2 pgs motion Appear Pro Hac Vice Thu 01/18 2:32 PM
MOTION for Mary C. Gill to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14592185. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Aflac Incorporated, Daniel P. Amos, W. Paul Bowers, Elizabeth Hudson, Douglas W. Johnson, Charles B. Knapp, Barbara K. Rimer.(Gill, Mary)
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Att: 1 Declaration in Support,
Att: 2 Certificate of Good Standing,
Att: 3 Text of Proposed Order
Tuesday, January 16, 2018
13 13 2 pgs order Order Tue 01/16 3:51 PM
ORDER: On January 16, 2018, defendants filed a motion to transfer venue of the instant action to the United States District Court for the Middle District of Georgia, Columbus Division, as well as a motion for a temporary stay of proceedings until the motion to transfer is resolved. It is hereby ORDERED that the plaintiff shall file any opposition to the motion for a stay, in a letter no more than two pages in length, by January 19, 2018. IT IS FURTHER ORDERED that the plaintiff shall serve any opposition to the motion to transfer by February 2, 2018. Defendants reply, if any, shall be served by February 9, 2018. At the time any reply is served, the moving party shall supply Chambers with two (2) courtesy copies of all motion papers by mailing or delivering them to the United States Courthouse, 500 Pearl Street, New York, New York. (Signed by Judge Denise L. Cote on 1/16/2018) (gr)
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12 12 motion Stay Tue 01/16 10:56 AM
JOINT LETTER MOTION to Stay addressed to Judge Denise L. Cote from Brett D. Jaffe dated January 16, 2018. Document filed by Aflac Incorporated, Daniel P. Amos, Paul S. Amos, II, W. Paul Bowers, Elizabeth Hudson, Douglas W. Johnson, Charles B. Knapp, Barbara K. Rimer.(Jaffe, Brett)
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11 11 6 pgs respm Declaration in Support of Motion Tue 01/16 10:21 AM
DECLARATION of J. Matthew Loudermlk in Support re:9 JOINT MOTION to Transfer Case to the Middle District of Georgia .. Document filed by Aflac Incorporated, Daniel P. Amos, Paul S. Amos, II, W. Paul Bowers, Elizabeth Hudson, Douglas W. Johnson, Charles B. Knapp, Barbara K. Rimer. (Jaffe, Brett)
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10 10 27 pgs respm Memorandum of Law in Support of Motion Tue 01/16 10:20 AM
MEMORANDUM OF LAW in Support re:9 JOINT MOTION to Transfer Case to the Middle District of Georgia . . Document filed by Aflac Incorporated, Daniel P. Amos, Paul S. Amos, II, W. Paul Bowers, Elizabeth Hudson, Douglas W. Johnson, Charles B. Knapp, Barbara K. Rimer. (Jaffe, Brett)
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9 9 motion Transfer Case Tue 01/16 10:18 AM
JOINT MOTION to Transfer Case to the Middle District of Georgia . Document filed by Aflac Incorporated, Daniel P. Amos, Paul S. Amos, II, W. Paul Bowers, Elizabeth Hudson, Douglas W. Johnson, Charles B. Knapp, Barbara K. Rimer.(Jaffe, Brett)
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8 8 notice Notice of Appearance Tue 01/16 10:14 AM
NOTICE OF APPEARANCE by Brett D. Jaffe on behalf of Aflac Incorporated, Daniel P. Amos, W. Paul Bowers, Elizabeth Hudson, Douglas W. Johnson, Charles B. Knapp, Barbara K. Rimer. (Jaffe, Brett)
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utility Set/Reset Deadlines Tue 01/16 3:53 PM
Set Deadlines: Opposition to the motion to transfer due by 2/2/2018. Reply due by 2/9/2018. (gr)
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Wednesday, January 03, 2018
7 7 1 pgs service Waiver of Service Executed Wed 01/03 6:16 PM
WAIVER OF SERVICE RETURNED EXECUTED. Paul S. Amos, II waiver sent on 1/3/2018, answer due 3/5/2018. Document filed by Louis Varela; Martin Conroy; Gerard McCarthy. (Joffe, Dimitry)
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Thursday, December 21, 2017
6 6 service Certificate of Service Other Thu 12/21 1:25 PM
CERTIFICATE OF SERVICE of Notice of Initial Conference; Individual Rules served on Defendants' counsel on 12/21/2017. Service was made by Mail. Document filed by Martin Conroy, Gerard McCarthy, Louis Varela. (Joffe, Dimitry)
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5 5 2 pgs order Order for Initial Pretrial Conference Thu 12/21 10:15 AM
NOTICE OF INITIAL PRETRIAL CONFERENCE (Notice): Initial Conference set for 2/23/2018 at 11:00 AM in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (Please follow the procedures set forth in the Notice.) (Signed by Judge Denise L. Cote on 12/20/2017) (gr)
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Friday, December 15, 2017
4 4 service Waiver of Service Executed Fri 12/15 4:00 PM
WAIVER OF SERVICE RETURNED EXECUTED. Aflac Incorporated waiver sent on 12/14/2017, answer due 2/12/2018; Daniel P. Amos waiver sent on 12/14/2017, answer due 2/12/2018; W. Paul Bowers waiver sent on 12/14/2017, answer due 2/12/2018; Elizabeth Hudson waiver sent on 12/14/2017, answer due 2/12/2018; Douglas W. Johnson waiver sent on 12/14/2017, answer due 2/12/2018; Charles B. Knapp waiver sent on 12/14/2017, answer due 2/12/2018; Barbara K. Rimer waiver sent on 12/14/2017, answer due 2/12/2018. Document filed by Louis Varela; Martin Conroy; Gerard McCarthy. (Joffe, Dimitry)
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Thursday, December 14, 2017
3 3 notice Notice of Change of Address Thu 12/14 12:17 PM
NOTICE OF CHANGE OF ADDRESS by Dimitry Joffe on behalf of Martin Conroy, Gerard McCarthy, Louis Varela. New Address: Joffe Law P.C., 230 Park Ave, 10 Fl., New York, NY, United States 10169, 212-309-8711. (Joffe, Dimitry)
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2 2 2 pgs misc Civil Cover Sheet Thu 12/14 11:41 AM
CIVIL COVER SHEET filed. (Joffe, Dimitry)
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1 1 45 pgs cmp Complaint Thu 12/14 11:05 AM
COMPLAINT against Aflac Incorporated, Daniel P. Amos, Paul S. Amos, II, K. Rimer Barbara, W. Paul Bowers, Elizabeth Hudson, Douglas W. Johnson, Charles B. Knapp. Document filed by Louis Varela, Martin Conroy, Gerard McCarthy.(Joffe, Dimitry)
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Att: 1 Declaration of Dimitry Joffe
misc Notice to Attorney to File Initial Pleading Thu 12/14 9:10 AM
***NOTICE TO ATTORNEY TO FILE CIVIL INITIAL PLEADING. Notice to Attorney Dimitry Joffe to electronically file the initial pleading in this case. Failure to file the initial pleading may result in the dismissal of the case pursuant to Standing Order 15-mc-00131. Initial Pleading due by 12/19/2017. (pc)
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misc Notice to Attorney to Submit/File Civil Cover Sheet Thu 12/14 9:10 AM
***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Dimitry Joffe. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pc)
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misc Notice to Attorney Regarding Party Modification Thu 12/14 3:04 PM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Dimitry Joffe. The party information for the following party/parties has been modified: Louis Varela, Martin Conroy, Gerard McCarthy, Aflac Incorporated, K. Rimer Barbara. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party role was entered incorrectly; party text was omitted. (pc)
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misc Case Opening Fee Paid via Pay.gov Thu 12/14 3:08 PM
Civil Case Opening Fee Paid electronically via Pay.gov: for1 Complaint,. Filing fee $ 400.00. Pay.gov receipt number 0208-14472606, paid on 12/13/2017. (pc)
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misc Notice to Attorney Regarding Case Opening Statistical Error Correction Thu 12/14 3:09 PM
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Dimitry Joffe. The following case opening statistical information was erroneously selected/entered: Cause of Action code 12:22; Fee Status code due (due). The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1331; the Fee Status code has been modified to pd (paid). (pc)
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notice Case Opening Initial Assignment Notice Thu 12/14 3:12 PM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Denise L. Cote. 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] . (pc)
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utility Case Designation Thu 12/14 3:13 PM
Magistrate Judge Sarah Netburn 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:[LINK:http://nysd.uscourts.gov/forms.php] . (pc)
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utility Case Designated ECF Thu 12/14 3:13 PM
Case Designated ECF. (pc)
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