Consolidated Edison Company of New York, Inc. v. Cantor
New York Southern District Court | |
Judge: | Nelson Stephen Roman |
Case #: | 7:18-cv-02267 |
Nature of Suit | 290 Real Property - All Other Real Property |
Cause | 28:1332oc Diversity-Other Contract |
Case Filed: | Mar 14, 2018 |
Terminated: | Sep 03, 2019 |
Last checked: Monday Sep 10, 2018 4:57 AM EDT |
Defendant
Robert S Cantor
8 Taylor Lane
Westport, CT 06880 |
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Plaintiff
Consolidated Edison Company of New York, Inc.
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Represented By
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Docket last updated: 03/26/2024 11:59 PM EDT |
Friday, August 14, 2020 | ||
38 | 38
appeal
USCA Mandate
Fri 08/14 2:33 PM
MANDATE of USCA (Certified Copy) as to37 Notice of Appeal filed by Robert S Cantor. USCA Case Number 19-3113 Ordered that the appeal is DISMISSED.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 08/14/2020..(nd) |
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Monday, September 30, 2019 | ||
appeal
Transmission of Notice of Appeal and Docket Sheet to USCA
Mon 09/30 7:42 AM
Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re:37 Notice of Appeal. (tp) |
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appeal
Appeal Record Sent to USCA - Electronic File
Mon 09/30 7:42 AM
Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for37 Notice of Appeal filed by Robert S Cantor were transmitted to the U.S. Court of Appeals. (tp) |
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Friday, September 27, 2019 | ||
37 | 37
appeal
Notice of Appeal
Mon 09/30 7:38 AM
NOTICE OF APPEAL from35 Memorandum & Opinion,36 Clerk's Judgment. Document filed by Robert S Cantor. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (tp) (Main Document 37 replaced on 9/30/2019) (tp) |
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appeal
USCA Appeal Fees
Mon 09/30 2:35 PM
USCA Appeal Fees received $ 505.00 receipt number 465407017469 on 9/27/2019 re:37 Notice of Appeal filed by Robert S Cantor. (tp) |
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Tuesday, September 03, 2019 | ||
36 | 36
order
Judgment - Clerk
Tue 09/03 12:52 PM
CLERK'S JUDGMENT re:35 Memorandum & Opinion. in favor of Consolidated Edison Company of New York, Inc. against Robert S Cantor. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated August 30, 2019, Plaintiff's motion for summary judgment is granted; Plaintiff is entitled to specific performance of the Agreement; judgment is entered in favor of Plaintiff; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 08/30/2019)(dt) |
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Att: 1 Notice of Right to Appeal | ||
misc
Mail Order by USPS
Tue 09/03 11:37 AM
Mailed a copy of35 Memorandum & Opinion,36 Clerk's Judgment; Notice of Appeal Forms, to Robert S Cantor 8 Taylor Lane Westport, CT 06880. (vba) Modified on 9/3/2019 (vba) |
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Friday, August 30, 2019 | ||
35 | 35
17
pgs
order
Memorandum & Opinion
Fri 08/30 4:52 PM
OPINION AND ORDER re:26 MOTION for Summary Judgment . filed by Consolidated Edison Company of New York, Inc.. For the aforementioned reasons, Plaintiff's Motions for Summary Judgment is GRANTED. Plaintiff is entitled to specific performance of the Agreement. The Clerk of Court is respectfully requested to terminate the motion at ECF No. 26, enter judgment in favor of Plaintiff, close the case, mail a copy of this Opinion and Order to Defendant and show proof of service on the docket. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 8/30/2019) (kv) |
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Thursday, November 15, 2018 | ||
34 | 34
respm
Affidavit in Opposition to Motion
Mon 11/19 4:20 PM
SUPPLEMENTAL AFFIDAVIT of Robert Cantor IN OPPOSITION; re:26 MOTION for Summary Judgment . Document filed by Robert S Cantor. (sc) |
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Wednesday, October 31, 2018 | ||
33 | 33
respm
Reply Memorandum of Law in Support of Motion
Wed 10/31 3:13 PM
REPLY MEMORANDUM OF LAW in Support re:26 MOTION for Summary Judgment . Con Edisons Reply Memorandum of Law in Further Support of its Motion for Summary Judgment with Certifcate of Service attached . Document filed by Consolidated Edison Company of New York, Inc.. (Davi, Michael) |
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32 | 32
respm
Affirmation in Opposition to Motion
Wed 10/31 3:10 PM
AFFIRMATION of Robert Cantor in Opposition re:26 MOTION for Summary Judgment .. Document filed by Consolidated Edison Company of New York, Inc.. (Davi, Michael) |
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31 | 31
notice
Notice (Other)
Wed 10/31 3:01 PM
NOTICE of Notice to Pro Se Litigant Who Opposes a Motion for Summary Judgment re:27 Declaration in Support of Motion,28 Declaration in Support of Motion,,,,,30 Rule 56.1 Statement,26 MOTION for Summary Judgment .,29 Memorandum of Law in Support of Motion,. Document filed by Consolidated Edison Company of New York, Inc.. (Davi, Michael) |
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30 | 30
misc
Rule 56.1 Statement
Wed 10/31 2:56 PM
RULE 56.1 STATEMENT. Document filed by Consolidated Edison Company of New York, Inc.. (Davi, Michael) |
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29 | 29
21
pgs
respm
Memorandum of Law in Support of Motion
Wed 10/31 2:47 PM
MEMORANDUM OF LAW in Support re:26 MOTION for Summary Judgment . Con Edison's Memorandum of Law in Support of its Motion for Summary Judgment . Document filed by Consolidated Edison Company of New York, Inc.. (Davi, Michael) |
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28 | 28
respm
Declaration in Support of Motion
Wed 10/31 2:43 PM
DECLARATION of Michael S. Davi, Esq. in Support re:26 MOTION for Summary Judgment .. Document filed by Consolidated Edison Company of New York, Inc..(Davi, Michael) |
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Att: 1 Exhibit Exhibit 1 - Complaint, | ||
Att: 2 Exhibit Exhibit 2 - September 27, 2017 Agreement, | ||
Att: 3 Exhibit Exhibit 3 - Cantor's Answer, | ||
Att: 4 Exhibit Exhibit 4 - Mediator's Bio, | ||
Att: 5 Exhibit Exhibit 5 - October 5, 2017 e-mail, | ||
Att: 6 Exhibit Exhibit 6 - October 17, 2017 e-mail, | ||
Att: 7 Exhibit Exhibit 7 - November 1, 2017 e-mail, | ||
Att: 8 Exhibit Exhibit 8 - November 12, 2017 e-mail, | ||
Att: 9 Exhibit Exhibit 9 - November 28, 2017 e-mail, | ||
Att: 10 Exhibit Exhibit 10 - November 28, 2017 e-mail, | ||
Att: 11 Exhibit Exhibit 11 - December 8, 2017 e-mail, | ||
Att: 12 Exhibit Exhibit 12 - December 8, 2017 e-mail, | ||
Att: 13 Exhibit Exhibit 13 - December 8, 2017 e-mail, | ||
Att: 14 Exhibit Exhibit 14 - December 19, 2017 e-mail, | ||
Att: 15 Exhibit Exhibit 15 - December 20, 2017 e-mail, | ||
Att: 16 Exhibit Exhibit 16 - January 2, 2018 e-mail, | ||
Att: 17 Exhibit Exhibit 17 - January 4, 2017 e-mail, | ||
Att: 18 Exhibit Exhibit 18 - January 5, 2018 e-mail, | ||
Att: 19 Exhibit Exhibit 19 - January 7, 2018 e-mail, | ||
Att: 20 Exhibit Exhibit 20 - January 19, 2018 e-mail, | ||
Att: 21 Exhibit Exhibit 21 - January 19, 2018 e-mail, | ||
Att: 22 Exhibit Exhibit 22 - January 31, 2018 e-mail, | ||
Att: 23 Exhibit Exhibit 23 - February 14, 2018 e-mail, | ||
Att: 24 Exhibit Exhibit 24 - February 27, 2018 e-mail, | ||
Att: 25 Exhibit Exhibit 25 -February 28, 2017 e-mail | ||
27 | 27
respm
Declaration in Support of Motion
Wed 10/31 1:21 PM
DECLARATION of Walter Alvarado in Support re:26 MOTION for Summary Judgment .. Document filed by Consolidated Edison Company of New York, Inc.. (Davi, Michael) |
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26 | 26
motion
Summary Judgment
Wed 10/31 1:17 PM
MOTION for Summary Judgment . Document filed by Consolidated Edison Company of New York, Inc..(Davi, Michael) |
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Wednesday, October 03, 2018 | ||
25 | 25
respoth
Affidavit in Opposition (non-motion)
Fri 10/05 3:47 PM
AFFIDAVIT of Robert Cantor IN OPPOSITION. Document filed by Robert S Cantor. (sc) |
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Friday, July 20, 2018 | ||
24 | 24
7
pgs
order
Order on Motion for Miscellaneous Relief
Fri 07/20 11:38 AM
MEMO ENDORSED ORDER denying without prejudice16 Motion for Motion to Dismiss. ENDORSEMENT: On May 16, 2018, the same day he answered Plaintiff's Complaint, Defendant Robert S. Cantor ("Defendant") filed a document entitled Motion to Dismiss. (See ECF No. 16.) The Court is also in possession of four letters from Defendant and one letter from Plaintiff, as follows: (1) Defendant's letter dated June 9, 2018, filed on June 20, 2018 (ECF No. 19); (2) Defendant's letter dated June 14, 2018, filed on June 20, 2018 (ECF No. 20); (3) Defendant's June 16, 2018 letter, filed June 20, 2018 (ECF No. 21); (4) Plaintiff's June 7, 2018 application for a pre-motion conference; and (4) Defendant's letter dated July 11, 2018, filed on July 17, 2018 (ECF No. 22). Defendant's Motion to Dismiss: On May 16, 2018, without leave of Court, Defendant filed a document entitled "motion to dismiss", apparently seeking dismissal of Plaintiff's claim for breach of contract, arguing that no legal agreement ever existed, and thus Plaintiff has failed to, because it cannot, state a cause of action. (See ECF No. 16.) As Defendant filed this motion without leave of court, in violation of this Court's local rules, the motion is hereby DENIED without prejudice. See Roman, J., Indiv. Civ. Prac. R., 3(A)(ii). Plaintiff's Request for a Pre-Motion Conference: Following the filing of his motion to dismiss, Defendant filed three letters arguing, in sum and substance, that Plaintiff was harassing him, that Plaintiff's claim had no merit, and that this Court dismiss Plaintiff's action. (See ECF Nos. 19-21.) By letter dated June 7, 2018 (attached), Plaintiff requested that this Court schedule a pre- motion conference so that Plaintiff could seek leave to file a motion for summary judgment. Plaintiff argues that no issues of fact exist, that Defendant concedes as much, and that the contract is unambiguous, permitting this Court to render a decision as a matter of law. In response to Plaintiff's June 7, 2018 later, Defendant filed a letter arguing, inter alia, that Plaintiff's June 7, 2018 is riddled with lies, that the contract Plaintiff seeks to enforce was rendered null and void when Plaintiff failed to pay Defendant by December 31, 2017, and that this Court should dismiss this action. (See ECF No. 22.) The Court construes Defendant's response as an opposition to Plaintiff's request and an application for leave to file a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6), and hereby deems it as such. In light of the foregoing, the parties' respective applications to file motions are GRANTED. The Court hereby waives the pre-motion conference requirement and sets the following briefing schedule: Plaintiff must serve, not file its motion for summary judgment on August 20, 2018; Defendant must serve, not file his opposition and motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6) on October 5, 2018; Plaintiff must serve, not file its reply in further support of the motion for summary judgment and opposition to Defendant's motion to dismiss on November 5, 2018; and Defendant must serve, not file his cross reply in further support of his motion to dismiss on November 20, 2018. Due to Defendant's status as a pro se litigant, Plaintiff is hereby directed to file all motion-related papers, including Defendant's papers, on the Court's electronic website on the cross-reply service date: November 20, 2018. Nothing should be filed on ECF before that date. The parties are also directed to serve two courtesy copies of their respective papers to Chambers on the date on which they serve their adversaries. The Clerk of the Court is respectfully directed to terminate the Motion at ECF No. 16. The Clerk of the Court is further directed to mail a copy of this memorandum endorsement to the Defendant at his address as listed on ECF. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 7/20/2018) (rj) |
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23 | 23
notice
Notice of Appearance
Fri 07/20 9:26 AM
NOTICE OF APPEARANCE by Scott A Levinson on behalf of Consolidated Edison Company of New York, Inc.. (Levinson, Scott) |
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utility
Set/Reset Deadlines
Fri 07/20 11:54 AM
Set/Reset Deadlines: Motions due by 11/20/2018. (rj) |
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misc
Transmission to Docket Assistant Clerk
Fri 07/20 11:55 AM
Transmission to Docket Assistant Clerk. Transmitted re:24 Order on Motion for Miscellaneous Relief, to the Docket Assistant Clerk for case processing. (rj) |
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misc
Mail Order by Certified Mail
Fri 07/20 12:51 PM
Mailed a copy of24 Order on Motion for Miscellaneous Relief, to Robert S Cantor 8 Taylor Lane Westport, CT 06880. (vba) |
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Tuesday, July 17, 2018 | ||
22 | 22
misc
Letter
Thu 07/19 11:52 AM
LETTER addressed to Judge Nelson Stephen Roman from Robert Cantor, dated 7/11/18 re: Plaintiff informs the Court that the letter submitted to the Court by Con Edison, dated 6/7/18, contains false and misleading statements designed to divert the court's attention from the real issue at hand; and that Con Edison, through its attorneys, clearly knew that the statements were false but had no problem submitting this statement to this Court to distort the record and the facts of this case etc. Document filed by Robert S Cantor.(sc) |
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Wednesday, June 20, 2018 | ||
21 | 21
misc
Letter
Fri 06/22 4:11 PM
LETTER addressed to Judge Nelson Stephen Roman from Robert Cantor, dated 6/16/18 re: Con Ed refuses and threatens to use eminent domain and sue him for not going through with the deal which they ruined by not meeting the null and void date. Document filed by Robert S Cantor.(sc) |
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20 | 20
misc
Letter
Fri 06/22 3:24 PM
LETTER addressed to Judge Nelson Stephen Roman from Robert Cantor, dated 6/14/18 re: Plaintiff informs the Court that Con Ed, by not paying the money promised by 12/31/17, caused him to miss a deal on a farm which would have produced a minimum return of 17 percent a year on his investment with tremendous upside potential. Document filed by Robert S Cantor.(sc) |
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19 | 19
misc
Letter
Fri 06/22 2:49 PM
LETTER addressed to Judge Nelson Stephen Roman from Robert Cantor, re: Plaintiff writes to the Court that, based on Con Ed not meeting their requirements of the contract not paying the money by the 12/31/17 Nul and Void date, he requests that the Court dismiss Con Ed's action, and to tell them to relocate their lines for which they are no longer paying him a rental. Document filed by Robert S Cantor.(sc) |
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Wednesday, June 06, 2018 | ||
18 | 18
service
Certificate of Service Other
Wed 06/06 3:45 PM
CERTIFICATE OF SERVICE of plaintiff Consolidated Edison Company of New York, Inc.'s Answer to Counterclaims served on Robert S. Cantor on June 6, 2018. Service was made by Mail. Document filed by Consolidated Edison Company of New York, Inc.. (Davi, Michael) |
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17 | 17
respoth
Response (non-motion)
Wed 06/06 3:26 PM
RESPONSE re:15 Answer to Complaint - Answer to Counterclaims . Document filed by Consolidated Edison Company of New York, Inc.. (Davi, Michael) |
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Wednesday, May 16, 2018 | ||
16 | 16
motion
Miscellaneous Relief
Thu 05/17 4:36 PM
MOTION TO DIMISS. Document filed by Robert S Cantor.(vn) |
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15 | 15
answer
Answer to Complaint
Thu 05/17 4:29 PM
ANSWER PURSUANT TO RULE 8(B)(1) to1 Complaint. Document filed by Robert S Cantor.(vn) |
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14 | 14
notice
Notice of Appearance
Thu 05/17 3:57 PM
NOTICE OF APPEARANCE by Robert S Cantor. (vn) |
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13 | 13
order
Memo Endorsement ~Util - Set Deadlines
Thu 05/17 9:06 AM
MEMO ENDORSEMENT on re:10 Letter regarding Plaintiff requests that the Court grant him an extension of time to respond to the Complaint to 5/16/18 filed by Robert S Cantor. ENDORSEMENT: The application is granted. (Signed by Judge Nelson Stephen Roman on 5/16/2018) (rj) |
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Tuesday, April 10, 2018 | ||
12 | 12
service
Certificate of Service Other
Tue 04/10 1:43 PM
CERTIFICATE OF SERVICE of Notice of Filing of Notice of Pendency served on Robert S. Cantor on 4/10/2018. Service was made by Mail. Document filed by Consolidated Edison Company of New York, Inc.. (Davi, Michael) |
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Monday, April 09, 2018 | ||
11 | 11
misc
Letter
Mon 04/09 4:58 PM
LETTER addressed to Judge Nelson Stephen Roman from Michael S. Davi dated April 9, 2018 re: Consent to Defendant's April 6, 2018 Request for an Extension of Time. Document filed by Consolidated Edison Company of New York, Inc..(Davi, Michael) |
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Friday, April 06, 2018 | ||
10 | 10
misc
Letter
Mon 04/09 10:44 AM
LETTER addressed to Judge Nelson Stephen Roman from Robert Cantor dated, 4/6/18 re: Plaintiff requests that the Court grant him an extension of time to respond to the Complaint to 5/16/18. Document filed by Robert S Cantor.(sc) |
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Tuesday, March 27, 2018 | ||
9 | 9
notice
Notice of Lis Pendens
Tue 03/27 2:45 PM
NOTICE OF LIS PENDENS. Document filed by Consolidated Edison Company of New York, Inc.. (Davi, Michael) |
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Friday, March 23, 2018 | ||
8 | 8
service
Affidavit of Service Complaints
Fri 03/23 4:02 PM
AFFIDAVIT OF SERVICE of Summons and Complaint. Robert S Cantor served on 3/22/2018, answer due 4/12/2018. Service was accepted by Robert S. Cantor. Document filed by Consolidated Edison Company of New York, Inc.. (Davi, Michael) |
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Tuesday, March 20, 2018 | ||
notice
Notice of Case Assignment/Reassignment
Tue 03/20 4:09 PM
NOTICE OF CASE REASSIGNMENT to Judge Nelson Stephen Roman. Judge Kenneth M. Karas is no longer assigned to the case. (jc) |
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Monday, March 19, 2018 | ||
7 | 7
service
Summons Issued
Mon 03/19 4:19 PM
ELECTRONIC SUMMONS ISSUED as to Robert S Cantor. (sj) |
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6 | 6
misc
Rule 7.1 Corporate Disclosure Statement
Mon 03/19 10:02 AM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Consolidated Edison, Inc for Consolidated Edison Company of New York, Inc.. Document filed by Consolidated Edison Company of New York, Inc..(Davi, Michael) |
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misc
Notice to Attorney to Re-File Document - Deficient Docket Entry Error
Mon 03/19 9:40 AM
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Michael S Davi to RE-FILE Document 3 Rule 7.1 Corporate Disclosure Statement,. ERROR(S): Corporate Parents were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). YOU MUST SELECT THE SEARCH BUTTON. Select the correct name or create a new corporate parent. Add the Corporate Parent(s) or Affiliate(s) one party name at a time. (lb) |
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Thursday, March 15, 2018 | ||
5 | 5
service
Request for Issuance of Summons
Thu 03/15 1:35 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Robert S. Cantor, re:1 Complaint. Document filed by Consolidated Edison Company of New York, Inc.. (Davi, Michael) |
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4 | 4
misc
Civil Cover Sheet
Thu 03/15 1:22 PM
CIVIL COVER SHEET filed. (Davi, Michael) |
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3 | 3
misc
Rule 7.1 Corporate Disclosure Statement
Thu 03/15 9:56 AM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT.. Document filed by Consolidated Edison Company of New York, Inc..(Davi, Michael) |
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Att: 1 Civil Cover Sheet | ||
2 | 2
service
Request for Issuance of Summons
Thu 03/15 9:48 AM
FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF SUMMONS as to Robert S. Cantor, re:1 Complaint. Document filed by Consolidated Edison Company of New York, Inc.. (Davi, Michael) Modified on 3/15/2018 (sj) |
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misc
Notice to Attorney to Submit/File Civil Cover Sheet
Thu 03/15 12:17 PM
***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Michael S Davi. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (sj) |
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misc
Notice to Attorney Regarding Case Opening Statistical Error Correction
Thu 03/15 12:21 PM
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Michael S Davi. The following case opening statistical information was erroneously selected/entered: Dollar Demand 225,000,000; County code Albany. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to 225,000; the County code has been modified to New York. (sj) |
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misc
Notice to Attorney Regarding Deficient Request for Issuance of Summons
Thu 03/15 12:46 PM
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Michael S Davi to RE-FILE Document No. 2 Request for Issuance of Summons. The filing is deficient for the following reason(s): Defendant's name must match exactly as it appears in the caption. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj) |
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notice
Case Opening Initial Assignment Notice
Thu 03/15 12:47 PM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Kenneth M. Karas. 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] . (sj) |
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utility
Case Designation
Thu 03/15 12:49 PM
Magistrate Judge Judith C. McCarthy 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] . (sj) |
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utility
Case Designated ECF
Thu 03/15 12:49 PM
Case Designated ECF. (sj) |
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Wednesday, March 14, 2018 | ||
1 | 1 COMPLAINT against Robert S Cantor. (Filing Fee $ 400.00, Receipt Number 0208-14812750)Document filed by Consolidated Edison Company of New York, Inc..(Davi, Michael) | |
Att: 1 Exhibit Ex. A -Agreement with Easement Grant |