Chevalier v. SP Plus Corp. et al
| New York Southern District Court | |
| Judge: | Paul A Engelmayer |
| Case #: | 1:18-cv-05382 |
| Nature of Suit | 790 Labor - Other Labor Litigation |
| Cause | 28:1332 Diversity Action |
| Case Filed: | Jun 14, 2018 |
| Terminated: | Jun 20, 2019 |
| Last checked: Tuesday Dec 11, 2018 4:26 AM EST |
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Defendant
Gerald Klaisle
an individual 1021 Prairie Avenue
Park Ridge, IL 60068 |
Represented By
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Defendant
SP Plus Corp.
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Represented By
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Plaintiff
Hector Chevalier
25 Cheshire Lane
Scarsdale, NY 10583 |
Represented By
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| Docket last updated: 06/12/2026 11:59 PM EDT |
| Thursday, June 20, 2019 | ||
| 38 | 38
2
pgs
order
Order of Dismissal
Thu 06/20 12:29 PM
ORDER: The Court having been advised by the parties that all claims asserted herein have been settled in principle, Dkt. 3 7, it is ORDERED that the above-entitled action is hereby dismissed and discontinued without costs, and without prejudice to the right to reopen the action within thirty days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed within thirty days of this Order; any application to reopen filed thereafter may be denied solely on that basis. The Clerk of Court is respectfully directed to close this case. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 6/20/2019) (ne) |
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| Wednesday, June 19, 2019 | ||
| 37 | 37
1
pgs
motion
Conference
Wed 06/19 1:25 PM
FIRST LETTER MOTION for Conference To Be Cancelled in Light of Settlement addressed to Judge Paul A. Engelmayer from Courtney Fain dated June 19, 2019. Document filed by Gerald Klaisle, SP Plus Corp..(Fain, Courtney) |
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| Wednesday, April 10, 2019 | ||
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minutes
Settlement Conference
Wed 04/10 4:47 PM
Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox: A Settlement Conference was held on 4/10/2019. No settlement was achieved. (Midwood, Laura) |
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| Friday, March 29, 2019 | ||
| 36 | 36
order
Memo Endorsement ~Util - Set Deadlines/Hearings
Fri 03/29 12:57 PM
MEMO ENDORSEMENT on re:34 SECOND LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Paul A. Engelmayer from Courtney Fain dated March 28, 2019. filed by Gerald Klaisle, SP Plus Corp. ENDORSEMENT: Granted. In light of counsel's representation that the requested extension is necessary, the Court extends the fact discovery deadline to May 24, 2019. The case management conference is adjourned to June 21, 2019, at 10 a.m. SO ORDERED. (Fact Discovery due by 5/24/2019. Case Management Conference set for 6/21/2019 at 10:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 3/29/2019) (anc) |
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| 35 | 35
4
pgs
order
Order on Motion for Extension of Time to Complete Discovery
Fri 03/29 12:51 PM
AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER granting34 Letter Motion for Extension of Time to Complete Discovery. All parties do not consent to conducting all further proceedings before a Magistrate Judge. This case is to be tried to a jury. Amended pleadings may not be filed and additional parties may not be joined except with leave of the Court. Any motion to amend or to join additional parties shall be filed within thirty (30) days from the date of this Order. All fact discovery shall be completed no later than May 24, 2019. Depositions to be completed by May 24, 2019. All expert discovery shall be completed no later than May 28, 2019. The Final Pretrial Order date is thirty (30) days following the close of fact and expert discovery (whichever is later). By the Final Pretrial Order date, the parties shall submit a Joint Pretrial Order prepared in accordance with the undersigned's Individual Rules and Practices and Fed. R. Civ. P. 26(a)(3). Any motions in limine shall be filed after the close of discovery on or before the Final Pretrial Order date. Counsel for the parties have conferred and their present best estimate of the length of trial is four (4) days. The next Case Management Conference is scheduled for June 21, 2019 at 10 a.m. (Signed by Judge Paul A. Engelmayer on 3/29/2019) (anc) |
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utility
Set/Reset Hearings Set/Reset Deadlines
Fri 03/29 12:53 PM
Set/Reset Hearings: Case Management Conference set for 6/21/2019 at 10:00 AM before Judge Paul A. Engelmayer. Set/Reset Deadlines: Deposition due by 5/24/2019. Expert Discovery due by 5/28/2019. Fact Discovery due by 5/24/2019. (anc) |
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| Thursday, March 28, 2019 | ||
| 34 | 34
motion
Extension of Time to Complete Discovery
Thu 03/28 5:18 PM
SECOND LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Paul A. Engelmayer from Courtney Fain dated March 28, 2019. Document filed by Gerald Klaisle, SP Plus Corp..(Fain, Courtney) |
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Att: 1
Text of Proposed Order Proposed Amended Civil Case Management Plan and Scheduling Order
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| Monday, March 18, 2019 | ||
| 33 | 33
order
Protective Order
Mon 03/18 4:25 PM
STIPULATION AND ORDER FOR THE PRODUCTIONAND EXCHANGE OF CONFIDENTIAL INFORMATION...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED (Signed by Judge Paul A. Engelmayer on 3/8/2019) (rro) |
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| Friday, March 15, 2019 | ||
| 32 | 32
misc
Proposed Protective Order
Fri 03/15 3:20 PM
PROPOSED PROTECTIVE ORDER. Document filed by Gerald Klaisle, SP Plus Corp.. (Fain, Courtney) |
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| Friday, February 01, 2019 | ||
| 31 | 31
order
Memo Endorsement ~Util - Set Deadlines ~Util - Set Hearings
Fri 02/01 12:10 PM
MEMO ENDORSEMENT: on re:29 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Paul A. Engelmayer from Courtney Fain dated January 30, 2019. filed by Gerald Klaisle, SP Plus Corp. We represent the Defendants in the above-referenced action. We write on behalf of both parties to respectfully request a 45-day extension of time for the parties to complete fact discovery from February 28, 2019, through and including April 13, 2019. This is parties' first request for an extension of time to complete fact discovery. This request is necessary in order to allow the parties to complete the exchange of paper discovery prior to depositions, which the parties intend to take in March if the Court grants the extension requested herein, and the length of the extension reflects the travel and litigation schedules of counsel at the end of March. The only other deadlines and/or scheduled events in this case are (1) the deadline by which the parties must request a pre-motion conference for any anticipated summary judgement motion, currently March 14, 2019; (2) the Settlement Conference with Magistrate Judge Fox currently scheduled for April 10, 2019; (3) the Case Management Conference before Your Honor on April 5, 2019; and (4) the deadline by which the parties must complete expert discovery, which is April 15, 2019. The Parties do not believe it is necessary to adjourn the Settlement Conference or Case Management Conference as a result of the requested extension unless the Court desires to, but would request that the deadline to request a pre-motion conference be extended to April 27, 2019, and the deadline to complete expert discovery be extended to May 28, 2019. A Revised Civil Case Management Plan and Scheduling Order is attached. ENDORSEMENT: Granted. The fact discovery deadline is extended to Monday, April 15, 2019. Per the Court's Individual Rules, the deadline by which the parties must request a pre-motion conference is two weeks after this date, Monday, April 29, 2019. The deadline to complete expert discovery is extended to May 28, 2019. The case management conference is scheduled for May 28, 2019, at lO a.m. (Expert Discovery due by 5/28/2019., Fact Discovery due by 4/15/2019.) (Case Management Conference set for 5/28/2019 at 10:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 2/1/2019) (js) |
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| 30 | 30
4
pgs
order
Order on Motion for Extension of Time to Complete Discovery
Fri 02/01 11:28 AM
AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER granting29 Letter Motion for Extension of Time to Complete Discovery. All parties do not consent to conducting all further proceedings before a Magistrate Judge. This case is to be tried to a jury. Amended pleadings may not be filed and additional parties may not be joined except with leave of the Court. Any motion to amend or to join additional parties shall be filed within thirty (30) days from the date of this Order. All fact discovery shall be completed no later than April 13, 2019. Depositions to be completed by April 13, 2019. All expert discovery shall be completed no later than May 28, 2019. Counsel for the parties have conferred and their present best estimate of the length of trial is four (4) days. The next Case Management Conference is scheduled for May 28, 2019 at 10 a.m. (Signed by Judge Paul A. Engelmayer on 2/1/2019) (rro) |
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utility
Set/Reset Deadlines Set/Reset Hearings
Fri 02/01 11:30 AM
Set/Reset Deadlines: (Deposition due by 4/13/2019., Expert Discovery due by 5/28/2019., Fact Discovery due by 4/13/2019.), Set/Reset Hearings:(Case Management Conference set for 5/28/2019 at 10:00 AM before Judge Paul A. Engelmayer.) (rro) |
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| Wednesday, January 30, 2019 | ||
| 29 | 29
motion
Extension of Time to Complete Discovery
Wed 01/30 2:43 PM
LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Paul A. Engelmayer from Courtney Fain dated January 30, 2019. Document filed by Gerald Klaisle, SP Plus Corp..(Fain, Courtney) |
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Att: 1
Text of Proposed Order Proposed Amended Civil Case Management Plan and Scheduling Order
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| Friday, January 25, 2019 | ||
| 28 | 28
1
pgs
order
Order on Motion to Adjourn Conference
Fri 01/25 6:33 PM
ORDER granting27 Letter Motion to Adjourn Conference. IT IS HEREBY ORDERED that the settlement conference scheduled previously in the above-captioned action for March 6, 2019, shall be held on April 10, 2019, at 10:30 a.m., in courtroom 228, 40 Centre Street, New York, New York. SO ORDERED. (Settlement Conference set for 4/10/2019 at 10:30 AM in Courtroom 228, 40 Centre Street, New York, NY 10007 before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 1/25/2019) (anc) |
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| Tuesday, January 22, 2019 | ||
| 27 | 27
motion
Adjourn Conference
Tue 01/22 3:34 PM
LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Kevin Nathaniel Fox from Meredith Cavallaro dated January 22, 2019. Document filed by Gerald Klaisle, SP Plus Corp..(Cavallaro, Meredith) |
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| Thursday, January 10, 2019 | ||
| 26 | 26
1
pgs
order
Order ~Util - Set Hearings
Thu 01/10 4:12 PM
ORDER: IT IS HEREBY ORDERED that the settlement conference scheduled previously in the above-captioned action for March 5, 2019, shall be held on March 6, 2018, at 10:30 a.m., in courtroom 228, 40 Centre Street, New York, New York. SO ORDERED. (Settlement Conference set for 3/6/2019 at 10:30 AM in Courtroom 228, 40 Centre Street, New York, NY 10007 before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 1/10/2019) (anc) |
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| Friday, November 16, 2018 | ||
| 25 | 25
4
pgs
order
Order ~Util - Set Hearings
Fri 11/16 4:31 PM
ORDER: IT IS HEREBY ORDERED that a settlement conference shall be held in the above-captioned action on March 5, 2019, at 2:30 p.m., in courtroom 228, 40 Centre Street, New York, New York. The parties are directed to review and comply with the undersigned's Procedures Applicable to Cases Referred for Settlement, a copy of which is being provided to the parties with this Order. Additionally, at least seven days prior to the settlement conference, the parties must confer, in person or by telephone, to engage in good-faith settlement negotiations. Should the parties resolve the litigation prior to the conference date, they must notify the undersigned, in writing, expeditiously. ( Settlement Conference set for 3/5/2019 at 02:30 PM in Courtroom 228, 40 Centre Street, New York, NY 10007 before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 11/16/2018) (mro) |
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| Thursday, October 11, 2018 | ||
| 24 | 24
1
pgs
order
Order Referring Case to Magistrate Judge
Thu 10/11 11:57 AM
ORDER REFERRING CASE TO MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Kevin Nathaniel Fox. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 10/10/2018) (jca) |
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| Wednesday, October 10, 2018 | ||
| 23 | 23
order
Case Management Plan
Wed 10/10 4:16 PM
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER:All parties do not consent to conducting all further proceedings before a Magistrate Judge. This case is to be tried to a jury. Deposition due by 2/28/2019. All Fact Discovery due by 2/28/2019. All Expert Discovery due by 4/15/2019. Counsel for the parties have conferred and their present best estimate of the length of trial is four days. Case Management Conference set for 4/5/2019 at 02:30 PM before Judge Paul A. Engelmayer. (Signed by Judge Paul A. Engelmayer on 10/10/2018) (kv) |
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minutes
Pretrial Conference - Initial
Wed 10/10 2:56 PM
Minute Entry for proceedings held before Judge Paul A. Engelmayer: Initial Pretrial Conference held on 10/10/2018. David Berg present for Plaintiff. Meredith Cavallaro present for Defendants. (ajs) |
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| Thursday, October 04, 2018 | ||
| 22 | 22
misc
Letter
Thu 10/04 1:47 PM
LETTER addressed to Judge Paul A. Engelmayer from David C. Berg, Esq. dated October 4, 2018 re: Section 4(D) Diversity Jurisdiction Letter. Document filed by Hector Chevalier.(Berg, David) |
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| 21 | 21
misc
Letter
Thu 10/04 1:46 PM
LETTER addressed to Judge Paul A. Engelmayer from David C. Berg, Esq. dated October 4, 2018 re: Section 2(B) Joint Letter. Document filed by Hector Chevalier.(Berg, David) |
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| 20 | 20
misc
Proposed Case Management Plan
Thu 10/04 1:44 PM
PROPOSED CASE MANAGEMENT PLAN. Document filed by Hector Chevalier. (Berg, David) |
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| Wednesday, October 03, 2018 | ||
| 19 | 19
1
pgs
order
Order ~Util - Set Hearings
Wed 10/03 5:00 PM
ORDER: Due to a scheduling conflict, the Court reschedules the initial pretrial conference scheduled for October 10, 2018, at 4:00 p.m., to October 10. 2018, at 10:30 a.m. All other deadlines remain in effect. SO ORDERED. (Initial Conference set for 10/10/2018 at 10:30 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 10/3/2018) (anc) |
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| Tuesday, October 02, 2018 | ||
| 18 | 18
1
pgs
order
Order ~Util - Set Hearings
Tue 10/02 11:15 AM
ORDER: Due to a scheduling conflict, the Court adjourns the initial pretrial conference scheduled for October 10, 2018, at 3:15 p.m. to October 10, 2018, at 4:00 p.m. All other deadlines remain in effect. SO ORDERED. (Initial Conference set for 10/10/2018 at 04:00 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 10/1/2018) (jca) |
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| Thursday, September 27, 2018 | ||
| 17 | 17
misc
Rule 7.1 Corporate Disclosure Statement
Thu 09/27 10:56 AM
AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by SP Plus Corp..(Fain, Courtney) |
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| Monday, September 10, 2018 | ||
| 16 | 16
2
pgs
order
Order for Initial Pretrial Conference
Mon 09/10 12:05 PM
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 10/10/2018 at 03:15 PM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. (Signed by Judge Paul A. Engelmayer on 9/9/2018) (jca) |
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| Friday, September 07, 2018 | ||
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answer
Answer to Complaint
Fri 09/07 3:30 PM
ANSWER to6 Complaint,. Document filed by Gerald Klaisle, SP Plus Corp..(Cavallaro, Meredith) |
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| 14 | 14
misc
Rule 7.1 Corporate Disclosure Statement
Fri 09/07 3:21 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by SP Plus Corp..(Cavallaro, Meredith) |
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| Tuesday, July 24, 2018 | ||
| 13 | 13
service
Affidavit of Service Complaints
Tue 07/24 1:40 PM
AFFIDAVIT OF SERVICE of Summons and Complaint,. All Defendants. Service was made by Mail. Document filed by Hector Chevalier. (Berg, David) |
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| Wednesday, July 18, 2018 | ||
| 12 | 12
1
pgs
order
Order on Motion for Extension of Time to Answer
Wed 07/18 4:36 PM
ORDER: granting11 Letter Motion for Extension of Time to Answer. Granted. The Court extends the deadline to answer to September 7, 2018. Given the length of this extension, the Court does not anticipate granting an additional extensions in the absence of a showing of good cause. SO ORDERED. Gerald Klaisle answer due 9/7/2018; SP Plus Corp. answer due 9/7/2018. (Signed by Judge Paul A. Engelmayer on 7/18/2018) (ama) |
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| Tuesday, July 17, 2018 | ||
| 11 | 11
motion
Extension of Time to File Answer
Tue 07/17 4:45 PM
FIRST LETTER MOTION for Extension of Time to File Answer to the Complaint addressed to Judge Paul A. Engelmayer from Courtney Fain dated July 17, 2018. Document filed by Gerald Klaisle, SP Plus Corp..(Fain, Courtney) |
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| Thursday, June 28, 2018 | ||
| 10 | 10
misc
Letter
Thu 06/28 4:04 PM
LETTER addressed to Judge Paul A. Engelmayer from David C. Berg, Esq. dated June 28, 2018 re: Verification. Document filed by Hector Chevalier.(Berg, David) |
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Att: 1
Exhibit Verification
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| Friday, June 22, 2018 | ||
| 9 | 9
notice
Notice of Appearance
Fri 06/22 10:36 AM
NOTICE OF APPEARANCE by Courtney Patrice Fain on behalf of Gerald Klaisle, SP Plus Corp.. (Fain, Courtney) |
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| Thursday, June 21, 2018 | ||
| 8 | 8
notice
Notice of Appearance
Thu 06/21 12:41 PM
NOTICE OF APPEARANCE by Meredith Rosen Cavallaro on behalf of Gerald Klaisle, SP Plus Corp.. (Cavallaro, Meredith) |
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| Tuesday, June 19, 2018 | ||
| 7 | 7
misc
Civil Cover Sheet
Tue 06/19 9:18 AM
CIVIL COVER SHEET filed. (Berg, David) |
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| 6 | 6
cmp
Complaint
Tue 06/19 9:15 AM
COMPLAINT against Gerald Klaisle, SP Plus Corp.. Document filed by Hector Chevalier.(Berg, David) |
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Att: 1
Exhibit Exhibit A,
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Att: 2
Exhibit Exhibit B,
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Att: 3
Exhibit Exhibit C,
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Att: 4
Exhibit Exhibit D,
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Att: 5
Exhibit Exhibit E,
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Att: 6
Exhibit Exhibit F,
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Att: 7
Exhibit Exhibit G
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| Friday, June 15, 2018 | ||
| 5 | 5
service
Summons Issued
Fri 06/15 5:26 PM
ELECTRONIC SUMMONS ISSUED as to SP Plus Corp.. (jgo) |
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| 4 | 4
service
Summons Issued
Fri 06/15 5:25 PM
ELECTRONIC SUMMONS ISSUED as to Gerald Klaisle. (jgo) |
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misc
Notice to Attorney Regarding Deficient Pleading
Fri 06/15 3:04 PM
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney David C. Berg to RE-FILE Document No. 1 Complaint,. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected;. 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. (jgo) |
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misc
Notice to Attorney to Submit/File Civil Cover Sheet
Fri 06/15 3:09 PM
***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney David C. Berg. Attorney must electronically file the Civil Cover Sheet separately. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo) |
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misc
Notice to Attorney Regarding Case Opening Statistical Error Correction
Fri 06/15 3:10 PM
***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney David C. Berg. The following case opening statistical information was erroneously selected/entered: Cause of Action code 05:704; Dollar Demand None entered; County code Albany;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1332; the Dollar Demand has been modified to $1000000; the County code has been modified to Westchester;. (jgo) |
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misc
Notice to Attorney Regarding Party Modification
Fri 06/15 3:11 PM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney David C. Berg. The party information for the following party/parties has been modified: SP Plus Corp.; Gerald Klaisle. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted;. (jgo) |
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notice
Case Opening Initial Assignment Notice
Fri 06/15 3:12 PM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. 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] . (jgo) |
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utility
Case Designation
Fri 06/15 3:13 PM
Magistrate Judge Kevin Nathaniel Fox 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] . (jgo) |
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utility
Case Designated ECF
Fri 06/15 3:13 PM
Case Designated ECF. (jgo) |
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| Thursday, June 14, 2018 | ||
| 3 | 3
service
Request for Issuance of Summons
Thu 06/14 3:58 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Gerald Klaisle, re:1 Complaint,. Document filed by Hector Chevalier. (Berg, David) |
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| 2 | 2
service
Request for Issuance of Summons
Thu 06/14 3:57 PM
REQUEST FOR ISSUANCE OF SUMMONS as to SP PLUS CORP., re:1 Complaint,. Document filed by Hector Chevalier. (Berg, David) |
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| 1 | 1
23
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cmp
Complaint
Thu 06/14 3:50 PM
COMPLAINT against Hector Chevalier. (Filing Fee $ 400.00, Receipt Number 0208-15201637)Document filed by Hector Chevalier.(Berg, David) |
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Att: 1
2 pgs
Civil Cover Sheet Civil Cover Sheet,
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Att: 2
Exhibit EXHIBIT A,
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Att: 3
Exhibit EXHIBIT B,
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Att: 4
Exhibit EXHIBIT C,
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Att: 5
Exhibit EXHIBIT D,
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Att: 6
Exhibit EXHIBIT E,
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Att: 7
Exhibit EXHIBIT F,
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Att: 8
Exhibit EXHIBIT G
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