King v. Software Guidance and Assistance, Inc. et al
| New York Southern District Court | |
| Judge: | Valerie E Caproni |
| Case #: | 1:19-cv-02417 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 29:201 Fair Labor Standards Act |
| Case Filed: | Mar 18, 2019 |
| Last checked: Saturday Sep 14, 2019 4:54 AM EDT |
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Defendant
Consolidated Edison Company of New York, Inc.
4 Irving Place
New York, NY 10003 |
Represented By
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Defendant
Software Guidance and Assistance, Inc.
200 White Plains Road
Tarrytown, NY 10591 |
Represented By
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Plaintiff
Walter King
Individually, and on behalf of others similarly situated 2243 Strauss Street
Brooklyn, NY 11212 |
Represented By
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| Docket last updated: 7 hours ago |
| Monday, October 28, 2019 | ||
| 44 | 44
order
Memo Endorsement ~Util - Set Deadlines/Hearings
Mon 10/28 12:46 PM
MEMO ENDORSEMENT: on re:43 Letter filed by Walter King. ENDORSEMENT: The Settlement Agreement is APPROVED as fair and reasonable. The Court notes that the hours spent on this matter are high, but not so unreasonably high that the Court will not approve the agreed upon one-third fee. The conference scheduled for November 1, 2019 is canceled. SO ORDERED. (Signed by Judge Valerie E. Caproni on 10/28/2019) (ama) |
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| 43 | 43
misc
Letter
Mon 10/28 8:25 AM
JOINT LETTER addressed to Judge Valerie E. Caproni from All Parties dated 10/26/2019 re: Joint Letter Motion for Approval of FLSA Settlement. Document filed by Walter King.(Teng, Ching-Yuan) |
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Att: 1
Declaration of Counsel,
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Att: 2
Exhibit 1,
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Att: 3
Exhibit 2
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misc
Notice to Attorney to Re-File Document - Event Type Error
Mon 10/28 8:02 AM
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Ching-Yuan Teng to RE-FILE Document 42 JOINT MOTION for Settlement Joint Letter Motion for Approval of FLSA Settlement. Use the event type Letter found under the event list Other Documents. (db) |
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| Saturday, October 26, 2019 | ||
| 42 | 42
motion
Settlement
Sat 10/26 9:15 PM
JOINT MOTION for Settlement Joint Letter Motion for Approval of FLSA Settlement . Document filed by Walter King.(Teng, Ching-Yuan) |
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Att: 1
Declaration of Counsel,
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Att: 2
Exhibit 1,
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Att: 3
Exhibit 2
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| Wednesday, October 02, 2019 | ||
| 41 | 41
1
pgs
order
Order on Motion for Extension of Time
Wed 10/02 1:48 PM
ORDER granting40 Letter Motion for Extension of Time. Application GRANTED. The settlement agreement and fairness letter are due October 27, 2019. If no letter or stipulation is filed by October 27, 2019, a conference shall be held on November 1, 2019 at 10:00 a.m. (Signed by Judge Valerie E. Caproni on 10/2/2019) (mro) |
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| 40 | 40
motion
Extension of Time
Wed 10/02 12:00 PM
LETTER MOTION for Extension of Time for Parties to Submit Settlement Agreement and Adjourn Status Conference Sine Die addressed to Judge Valerie E. Caproni from Stephen A. Fuchs dated October 2, 2019. Document filed by Consolidated Edison Company of New York, Inc..(Fuchs, Stephen) |
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utility
Set/Reset Hearings
Wed 10/02 1:49 PM
Set/Reset Hearings: Status Conference set for 11/1/2019 at 10:00 AM before Judge Valerie E. Caproni. (mro) |
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| Thursday, September 12, 2019 | ||
| 38 | 38
3
pgs
order
Order ~Util - Set Deadlines/Hearings
Thu 09/12 2:48 PM
ORDER: IT IS HEREBY ORDERED THAT the parties may not dismiss this action with prejudice unless the settlement agreement has been approved by either the Court or the Department of Labor (DOL). See Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199, 206 (2d Cir. 2015). Accordingly, to the extent the parties wish to dismiss this action with prejudice, they must either file a joint letter motion requesting that the Court approve the settlement agreement or, alternatively, provide documentation of the approval by DOL. Any letter motion, along with the settlement agreement, must be filed on the public docket by October 12, 2019. The parties are warned that this option runs the risk that the case may be reopened in the future. If no letter or stipulation is filed by October 12, 2019, a conference shall be held on October 18, 2019 at 10:00 a.m. in Courtroom 443 of the Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, New York 10007. And as set forth herein. SO ORDERED., ( Motions due by 10/12/2019., Status Conference set for 10/18/2019 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 9/12/2019) (ama) |
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| Wednesday, September 11, 2019 | ||
| 37 | 37
misc
Letter
Wed 09/11 4:03 PM
JOINT LETTER addressed to Judge Valerie E. Caproni from All Parties dated September 11, 2019 re: Notice of Settlement in Principle. Document filed by Walter King.(Teng, Ching-Yuan) |
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| Thursday, September 05, 2019 | ||
| 36 | 36
answer
Answer to Complaint
Thu 09/05 4:58 PM
ANSWER to1 Complaint,. Document filed by Software Guidance and Assistance, Inc..(Grindlinger, Glenn) |
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| 35 | 35
misc
Rule 7.1 Corporate Disclosure Statement
Thu 09/05 4:57 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Software Guidance and Assistance, Inc..(Grindlinger, Glenn) |
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| 34 | 34
23
pgs
respm
Memorandum of Law in Support of Motion
Thu 09/05 4:51 PM
MEMORANDUM OF LAW in Support re:33 MOTION to Dismiss the Complaint . . Document filed by Consolidated Edison Company of New York, Inc.. (Freedberg, Eli) |
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| 33 | 33
motion
Dismiss
Thu 09/05 4:50 PM
MOTION to Dismiss the Complaint . Document filed by Consolidated Edison Company of New York, Inc..(Freedberg, Eli) |
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| Wednesday, August 21, 2019 | ||
| 32 | 32
2
pgs
order
Order on Motion for Extension of Time to Answer
Wed 08/21 5:48 PM
ORDER: granting31 Letter Motion for Extension of Time to Answer. This application is GRANTED, but further extensions are unlikely to be granted. If the parties are unable to settle this dispute by the dates in this letter, they must be prepared to brief the required motions and begin discovery. The parties may also request a referral for a settlement conference with this case's assigned Magistrate Judge, if desired. SO ORDERED. Consolidated Edison Company of New York, Inc. answer due 9/5/2019; Software Guidance and Assistance, Inc. answer due 9/5/2019. (Signed by Judge Valerie E. Caproni on 8/21/2019) (ama) |
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utility
Set/Reset Deadlines
Wed 08/21 5:50 PM
Set/Reset Deadlines: Motions due by 9/12/2019. (ama) |
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| Tuesday, August 20, 2019 | ||
| 31 | 31
motion
Extension of Time to File Answer
Tue 08/20 2:18 PM
JOINT LETTER MOTION for Extension of Time to File Answer And Other Pleadings Deadlines addressed to Judge Valerie E. Caproni from Eli Freedberg dated August 20, 2019. Document filed by Consolidated Edison Company of New York, Inc..(Freedberg, Eli) |
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| Tuesday, August 06, 2019 | ||
| 30 | 30
2
pgs
order
Order on Motion for Extension of Time to Answer
Tue 08/06 9:47 AM
ORDER granting29 Letter Motion for Extension of Time to Answer. This application is GRANTED, but further extensions will not be granted absent evidence that the parties have taken concrete steps to settle this case. The deadline for all Defendants to move against or answer the Complaint is extended to August 22. Plaintiff's motion for conditional certification must be filed by August 29, with a joint response from both Defendants due September 12, and a Plaintiff's reply due September 19. SO ORDERED. Consolidated Edison Company of New York, Inc. answer due 8/22/2019; Software Guidance and Assistance, Inc. answer due 8/22/2019. (Signed by Judge Valerie E. Caproni on 8/6/2019) (js) |
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utility
Set/Reset Deadlines
Tue 08/06 9:49 AM
Set/Reset Deadlines: Motions due by 8/29/2019. Responses due by 9/12/2019 Replies due by 9/19/2019. (js) |
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| Friday, August 02, 2019 | ||
| 29 | 29
motion
Extension of Time to File Answer
Fri 08/02 4:41 PM
LETTER MOTION for Extension of Time to File Answer Or Otherwise Respond to Complaint and Extend Other Pleading Deadlines addressed to Judge Valerie E. Caproni from Eli Freedberg dated August 2, 2019. Document filed by Consolidated Edison Company of New York, Inc..(Freedberg, Eli) |
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| Thursday, July 25, 2019 | ||
| 28 | 28
3
pgs
order
Order on Motion for Leave to File Document
Thu 07/25 4:33 PM
ORDER granting27 Letter Motion for Leave to File Document. SGA's application to file a response to Plaintiff's motion by August 29 is GRANTED. (Signed by Judge Valerie E. Caproni on 7/25/2019) (cf) |
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utility
Set/Reset Deadlines
Thu 07/25 4:34 PM
Set/Reset Deadlines: Responses due by 8/29/2019 (cf) |
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| Tuesday, July 23, 2019 | ||
| 27 | 27
motion
Leave to File Document
Tue 07/23 5:47 PM
LETTER MOTION for Leave to File /permission to file a response to Plaintiffs' motion for conditional certification addressed to Judge Valerie E. Caproni from Glenn S. Grindlinger, Esq. dated July 23, 2019. Document filed by Software Guidance and Assistance, Inc..(Grindlinger, Glenn) |
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Att: 1
Exhibit A
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| 26 | 26
1
pgs
order
Order ~Util - Set Deadlines/Hearings
Tue 07/23 10:34 AM
ORDER: IT IS HEREBY ORDERED THAT because not all parties agree to conditional certification, a briefing schedule is appropriate. No later than August 15, 2019, Plaintiff must file a motion for conditional certification. ConEd's response is due August 29, 2019. Plaintiff's reply is due September 9, 2019. If the parties are able to settle this case, they must immediately notify the Court by letter. SO ORDERED., ( Motions due by 8/15/2019., Responses due by 8/29/2019, Replies due by 9/9/2019.) (Signed by Judge Valerie E. Caproni on 7/23/2019) (ama) |
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| Friday, July 19, 2019 | ||
| 25 | 25
misc
Letter
Fri 07/19 5:25 PM
JOINT LETTER addressed to Judge Valerie E. Caproni from All Parties dated July 19, 2019 re: Joint Letter Regarding the Parties Respective Positions on Conditional Certification. Document filed by Walter King.(Brown, Jason) |
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Att: 1
Exhibit 1 - Proposed Stipulation
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| Wednesday, July 17, 2019 | ||
| 24 | 24
1
pgs
order
Order on Motion for Extension of Time to Answer
Thu 07/18 8:46 AM
ORDER granting22 Letter Motion for Extension of Time to Answer Consolidated Edison Company of New York, Inc. answer due 8/8/2019. Application GRANTED. The deadline for all Defendants to move against or answer the Complaint is extended to August 8, 2019. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/17/2019) (js) |
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| 23 | 23
motion
Extension of Time to File Answer
Wed 07/17 3:23 PM
CONSENT LETTER MOTION for Extension of Time to File Answer /respond to Complaint addressed to Judge Valerie E. Caproni from Glenn S. Grindlinger, Esq. dated July 17, 2019. Document filed by Software Guidance and Assistance, Inc..(Grindlinger, Glenn) |
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| 22 | 22
motion
Extension of Time to File Answer
Wed 07/17 2:31 PM
LETTER MOTION for Extension of Time to File Answer Or Otherwise Respond to Complaint addressed to Judge Valerie E. Caproni from Eli Freedberg dated July 17, 2019. Document filed by Consolidated Edison Company of New York, Inc..(Freedberg, Eli) |
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| 21 | 21
notice
Notice of Appearance
Wed 07/17 8:34 AM
NOTICE OF APPEARANCE by Paul R Piccigallo on behalf of Consolidated Edison Company of New York, Inc.. (Piccigallo, Paul) |
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| 20 | 20
notice
Notice of Appearance
Wed 07/17 8:33 AM
NOTICE OF APPEARANCE by Eli Zev Freedberg on behalf of Consolidated Edison Company of New York, Inc.. (Freedberg, Eli) |
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| 19 | 19
notice
Notice of Appearance
Wed 07/17 8:31 AM
NOTICE OF APPEARANCE by Stephen Andrew Fuchs on behalf of Consolidated Edison Company of New York, Inc.. (Fuchs, Stephen) |
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| Wednesday, June 26, 2019 | ||
| 18 | 18
2
pgs
order
Order on Motion to Continue
Wed 06/26 5:24 PM
ORDER granting in part16 LETTER MOTION to Continue to leave open the Mediation Referral Order. No later than July 19, 2019, the parties must submit either (1) a stipulation to conditional certification and a proposed order or (2) a joint letter stating that they were unable to agree on conditional certification. If the parties are unable to agree, their letter must state whether they intend to continue mediation or are ready to appear for an initial pretrial conference and set a discovery schedule. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/26/2019) (jca) |
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| Tuesday, June 25, 2019 | ||
| 17 | 17
order
Memo Endorsement ~Util - Add and Terminate Attorneys
Wed 06/26 7:21 AM
MEMO ENDORSEMENT on re:15 Letter filed by Software Guidance and Assistance, Inc. ENDORSEMENT: Application GRANTED. Attorney Erika Hannah Rosenblum terminated. (Signed by Judge Valerie E. Caproni on 6/25/2019) (mro) |
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| 16 | 16
motion
Continue
Tue 06/25 6:28 PM
LETTER MOTION to Continue to leave open the Mediation Referral Order addressed to Judge Valerie E. Caproni from Glenn S. Grindlinger dated June 25, 2019. Document filed by Software Guidance and Assistance, Inc..(Grindlinger, Glenn) |
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| 15 | 15
misc
Letter
Tue 06/25 4:11 PM
LETTER addressed to Judge Valerie E. Caproni from Erika H. Rosenblum, Esq. dated June 25, 2019 re: application to withdraw as attorney of record. Document filed by Software Guidance and Assistance, Inc..(Rosenblum, Erika) |
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| Thursday, June 20, 2019 | ||
| 14 | 14
notice
Notice of Appearance
Thu 06/20 3:04 PM
NOTICE OF APPEARANCE by Bryn Goodman on behalf of Software Guidance and Assistance, Inc.. (Goodman, Bryn) |
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| Wednesday, June 19, 2019 | ||
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adr
Mediator Session Held
Wed 06/19 2:57 PM
Mediator Session Held on 6/18/19 at 40 Foley Square.(ah) |
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| Monday, May 20, 2019 | ||
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adr
Mediator Session Scheduled
Mon 05/20 11:12 AM
MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for 6/18/19, 10 AM at 40 Foley Square.(ah) |
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| Tuesday, April 23, 2019 | ||
| 13 | 13
notice
Notice of Appearance
Tue 04/23 9:29 AM
NOTICE OF APPEARANCE by Adam Jeremy Smiley on behalf of Consolidated Edison Company of New York, Inc.. (Smiley, Adam) |
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| Thursday, April 18, 2019 | ||
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adr
Notice of Mediator Assignment
Thu 04/18 5:05 PM
NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 5/20/2019.(mf) |
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| Wednesday, April 03, 2019 | ||
| 12 | 12
service
Waiver of Service Executed
Wed 04/03 8:48 PM
WAIVER OF SERVICE RETURNED EXECUTED. Consolidated Edison Company of New York, Inc. waiver sent on 3/21/2019, answer due 5/20/2019. Document filed by Walter King. (Teng, Ching-Yuan) |
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| Tuesday, April 02, 2019 | ||
| 11 | 11
order
Mediation Referral Order for Cases Filed Under the Fair Labor Standards Act
Tue 04/02 12:32 PM
MEDIATION REFERRAL ORDER FOR CASES FILED UNDER THE FAIR LABOR STANDARDS ACT 29 U.S.C. Sec. 201 et seq. This case, involving claims under the Fair Labor Standards Act (FLSA), 29 U.S.C. Sec. 201 et seq., has been assigned to this Court for all purposes. In the Courts experience, cases involving FLSA claims often benefit from early mediation. To that end, prior to a Rule 16(b) case management conference the Court is referring this case to the Mediation Office for settlement purposes under Local Civil Rule 83.9. To facilitate mediation the parties shall, within four weeks of this Order, confer and provide the items set forth in this Order. Mediator to be Assigned by 4/12/2019. (Signed by Judge Valerie E. Caproni on 1/16/2019) (mf) |
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| Friday, March 29, 2019 | ||
| 10 | 10
notice
Notice of Appearance
Fri 03/29 1:38 PM
NOTICE OF APPEARANCE by Erika Hannah Rosenblum on behalf of Software Guidance and Assistance, Inc.. (Rosenblum, Erika) |
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| 9 | 9
notice
Notice of Appearance
Fri 03/29 1:36 PM
NOTICE OF APPEARANCE by Glenn Sklaire Grindlinger on behalf of Software Guidance and Assistance, Inc.. (Grindlinger, Glenn) |
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| 8 | 8
service
Waiver of Service Executed
Fri 03/29 8:29 AM
WAIVER OF SERVICE RETURNED EXECUTED. Software Guidance and Assistance, Inc. waiver sent on 3/20/2019, answer due 5/20/2019. Document filed by Walter King. (Teng, Ching-Yuan) |
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| Thursday, March 21, 2019 | ||
| 7 | 7
notice
Notice of Appearance
Thu 03/21 6:12 PM
NOTICE OF APPEARANCE by Ching-Yuan Teng on behalf of Walter King. (Teng, Ching-Yuan) |
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| Wednesday, March 20, 2019 | ||
| 6 | 6
service
Summons Issued
Wed 03/20 1:25 PM
ELECTRONIC SUMMONS ISSUED as to Software Guidance and Assistance, Inc.. (pne) |
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| 5 | 5
service
Summons Issued
Wed 03/20 1:25 PM
ELECTRONIC SUMMONS ISSUED as to Consolidated Edison Company of New York, Inc.. (pne) |
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| Tuesday, March 19, 2019 | ||
| 4 | 4
service
Request for Issuance of Summons
Tue 03/19 3:10 PM
REQUEST FOR ISSUANCE OF SUMMONS as to SOFTWARE GUIDANCE & ASSISTANCE, INC., re:1 Complaint,. Document filed by Walter King. (Brown, Jason) |
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| 3 | 3
service
Request for Issuance of Summons
Tue 03/19 3:08 PM
REQUEST FOR ISSUANCE OF SUMMONS as to CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., re:1 Complaint,. Document filed by Walter King. (Brown, Jason) |
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misc
Notice to Attorney Regarding Party Modification
Tue 03/19 9:32 AM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jason Travis Brown. The party information for the following party/parties has been modified: Walter King. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (vf) |
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misc
Notice to Attorney Regarding Case Opening Statistical Error Correction
Tue 03/19 9:34 AM
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jason Travis Brown. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to Kings. (vf) |
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misc
Notice to Attorney Regarding Deficient Request for Issuance of Summons
Tue 03/19 9:43 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Jason Travis Brown to Document No. 1 Complaint. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons; Summons are filed as separate events. 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. (vf) |
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notice
Case Opening Initial Assignment Notice
Tue 03/19 9:44 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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] . (vf) |
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utility
Case Designation
Tue 03/19 9:46 AM
Magistrate Judge James L. Cott 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] . (vf) |
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utility
Case Designated ECF
Tue 03/19 9:46 AM
Case Designated ECF. (vf) |
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| Monday, March 18, 2019 | ||
| 2 | 2
misc
Civil Cover Sheet
Mon 03/18 6:22 PM
CIVIL COVER SHEET filed. (Brown, Jason) |
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| 1 | 1
cmp
Complaint
Mon 03/18 6:19 PM
COMPLAINT against Consolidated Edison Company of New York, Inc., Software Guidance and Assistance, Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-16517660)Document filed by Walter King.(Brown, Jason) |
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Att: 1
Exhibit, A,
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Att: 2
Proposed Summons to Software Guidance & Assistance, Inc.,
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Att: 3
Proposed Summons to Consolidated Edison Company of New York, Inc.
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