Gutterman et al v. Herzog et al
| New York Eastern District Court | |
| Judge: | Ann M Donnelly |
| Referred: | Lois Bloom |
| Case #: | 1:20-cv-01081 |
| Nature of Suit | 470 Other Statutes - Racketeer Influenced and Corrupt Organizations |
| Cause | 28:1441 Notice of Removal |
| Case Filed: | Feb 27, 2020 |
| Terminated: | Dec 18, 2020 |
| Last checked: Tuesday Aug 25, 2020 4:48 AM EDT |
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Defendant
Ricky Lowenthal
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Represented By
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Defendant
Philip Herzog
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Represented By
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Plaintiff
Aharon Gutterman MD PLLC
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Represented By
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Plaintiff
Batsheva Markowitz
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Represented By
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Plaintiff
Northeast Anesthesia P.C.
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Represented By
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Plaintiff
Dr. Aharon Gutterman
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Represented By
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GPO
Nov 16 2020
MEMORANDUM DECISION AND ORDER. The defendants' motions to dismiss are granted. The plaintiffs are granted leave to amend. If the plaintiffs choose to file an amended complaint, they must do so within thirty days. Ordered by Judge Ann M. Donnelly on 11/16/2020. (Greene, Donna) |
| Docket last updated: 2 hours ago |
| Thursday, January 28, 2021 | ||
| 34 | 34
misc
Transcript
Thu 01/28 11:00 AM
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on April 27, 2020, before Judge Donnelly. Court Reporter/Transcriber Charleane M. Heading, Telephone number 718-613-2643. Email address: cheading@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 2/18/2021. Redacted Transcript Deadline set for 3/1/2021. Release of Transcript Restriction set for 4/28/2021. (Heading, Charleane) |
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| Friday, December 18, 2020 | ||
| 33 | 33
order
Judgment - Clerk
Fri 12/18 5:14 PM
CLERK'S JUDGMENT that the defendants' motions to dismiss are granted; and that this action is dismissed with prejudice. ( Ordered by Jalitza Poveda, Deputy Clerk on behalf of Douglas C. Palmer, Clerk of Court on 12/18/2020 ) (Guzzi, Roseann) |
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| Thursday, December 17, 2020 | ||
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order
Order(Other)
Thu 12/17 11:06 AM
ORDER: The Court is in receipt of the plaintiffs' letter32 stating that they do not intend to amend their complaint. Accordingly, this action is dismissed with prejudice. The Clerk of Court is respectfully directed to enter judgment and close this case. Ordered by Judge Ann M. Donnelly on 12/17/2020. (Greene, Donna) |
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| Wednesday, December 16, 2020 | ||
| 32 | 32
misc
Letter
Wed 12/16 4:17 PM
Letter by Aharon Gutterman MD PLLC, Aharon Gutterman, Batsheva Markowitz, Northeast Anesthesia P.C. (Gunnell, Justin) |
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| Wednesday, November 18, 2020 | ||
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minutes
Status Conference
Wed 11/18 4:48 PM
Minute Entry for proceedings held before Judge Ann M. Donnelly:Status Conference held on 11/18/2020. Case called; discussions held. Appearances by Justin Gunnel and Justin Sher for the plaintiff. Franklyn Snitow for defendant Herzog. John Mitchell and Sheldon Gopstein for defendant Lowenthal. (Court Reporter Anthony Mancuso.) (Eisen, Allison) |
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| Monday, November 16, 2020 | ||
| 31 | 31
18
pgs
order
Order on Motion to Dismiss Order on Motion to Dismiss for Failure to State a Claim
Mon 11/16 4:53 PM
MEMORANDUM DECISION AND ORDER. The defendants' motions to dismiss are granted. The plaintiffs are granted leave to amend. If the plaintiffs choose to file an amended complaint, they must do so within thirty days. Ordered by Judge Ann M. Donnelly on 11/16/2020. (Greene, Donna) |
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order
Scheduling Order
Mon 11/16 5:12 PM
SCHEDULING ORDER: Status conference set for November 18, 2020 at 3:30 p.m. via telephone conference (line (888) 363-4734, access code 9057625). Ordered by Judge Ann M. Donnelly on 11/16/2020. (Eisen, Allison) |
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| Friday, July 24, 2020 | ||
| 30 | 30
respoth
Reply in Support
Fri 07/24 6:22 PM
REPLY in Support re19 First MOTION to Dismiss for Failure to State a Claim filed by Philip Herzog. (Klein, Alan) |
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Att: 1
Exhibit B - FGLIC Statement,
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Att: 2
Exhibit C - Landa Guaranties
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| 29 | 29
respoth
Reply in Support
Fri 07/24 10:57 AM
REPLY Memorandum of Law in Support of Motion to Dismiss Plaintiffs' Complaint filed by Ricky Lowenthal. (Mitchell, John) (Modified: Document replaced on 7/24/2020.) |
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| Wednesday, July 22, 2020 | ||
| 28 | 28
motion
File Excess Pages
Wed 07/22 3:11 PM
First MOTION for Leave to File Excess Pages LETTER REQUESTING EXCESS PAGES FOR REPLY BRIEF by Philip Herzog. (Klein, Alan) |
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order
Order on Motion for Leave to File Excess Pages
Wed 07/22 3:44 PM
ORDER granting28 Motion for Leave to File Excess Pages. The defendant, Philip Herzog, may submit a reply brief of no more than 15 pages. Ordered by Judge Ann M. Donnelly on 7/22/2020. (Eisen, Allison) |
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| Wednesday, July 01, 2020 | ||
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order
Order on Motion for Extension of Time to File Response/Reply
Wed 07/01 12:21 PM
ORDER granting27 Motion for Extension of Time to File Response/Reply. The defendants' reply is due on or before July 24, 2020. Ordered by Judge Ann M. Donnelly on 7/1/2020. (Lefkowitz, Jacob) |
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| Tuesday, June 30, 2020 | ||
| 27 | 27
motion
Extension of Time to File Response/Reply
Tue 06/30 4:08 PM
MOTION for Extension of Time to File Response/Reply by Ricky Lowenthal. (Gopstein, Sheldon) |
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| 26 | 26
notice
Notice of Appearance
Tue 06/30 1:37 PM
NOTICE of Appearance by Sheldon H. Gopstein on behalf of Ricky Lowenthal (aty to be noticed) (Gopstein, Sheldon) |
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| 25 | 25
notice
Notice of Appearance
Tue 06/30 12:13 PM
NOTICE of Appearance by John W. Mitchell on behalf of Ricky Lowenthal (aty to be noticed) (Mitchell, John) |
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| Friday, June 26, 2020 | ||
| 24 | 24
21
pgs
respoth
Memorandum in Opposition
Fri 06/26 10:27 PM
MEMORANDUM in Opposition re17 MOTION to Dismiss filed by Aharon Gutterman MD PLLC, Aharon Gutterman, Batsheva Markowitz, Northeast Anesthesia P.C.. (Gunnell, Justin) |
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| 23 | 23
respm
Affidavit/Declaration in Opposition to Motion
Fri 06/26 10:22 PM
AFFIDAVIT/DECLARATION in Opposition re19 First MOTION to Dismiss for Failure to State a Claim filed by Aharon Gutterman MD PLLC, Aharon Gutterman, Batsheva Markowitz, Northeast Anesthesia P.C.. (Gunnell, Justin) |
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Att: 1
Promissory Note,
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Att: 2
Rule 341 Hearing Transcript,
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Att: 3
First 6-4-19 Affirmation of P Herzog,
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Att: 4
Second 6-4-19 Affirmation of P Herzog,
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Att: 5
Pre-Motion Conference Transcript,
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Att: 6
Lowenthal Objection to Rule 2004 Discovery,
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Att: 7
6-25-19 J Lichter Affirmation with Exhibits
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| 22 | 22
30+
pgs
respoth
Memorandum in Opposition
Fri 06/26 9:58 PM
MEMORANDUM in Opposition re19 First MOTION to Dismiss for Failure to State a Claim filed by Aharon Gutterman MD PLLC, Aharon Gutterman, Batsheva Markowitz, Northeast Anesthesia P.C.. (Gunnell, Justin) |
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| Wednesday, June 24, 2020 | ||
| 21 | 21
1
pgs
order
Order on Motion to Withdraw as Attorney
Wed 06/24 3:57 PM
ORDER, granting Sheldon Eisenberger, Esq.'s20 Motion to Withdraw as Attorney for defendant Ricky Lowenthal. SO ORDERED by Magistrate Judge Lois Bloom, on 6/24/2020. (Attorney Sheldon Eisenberger terminated.) (Latka-Mucha, Wieslawa) |
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| Tuesday, June 23, 2020 | ||
| 20 | 20
motion
Withdraw as Attorney
Tue 06/23 5:47 PM
MOTION to Withdraw as Attorney by Ricky Lowenthal. (Eisenberger, Sheldon) |
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Att: 1
Declaration,
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Att: 2
Exhibit
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| Wednesday, May 27, 2020 | ||
| 19 | 19
motion
Dismiss for Failure to State a Claim
Wed 05/27 4:05 PM
First MOTION to Dismiss for Failure to State a Claim by Philip Herzog. (Klein, Alan) |
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Att: 1
Memorandum in Support of defendant Philip Herzog's Motion to Dismiss,
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Att: 2
Declaration of defendant Philip Herzog,
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Att: 3
Exhibit A - Summons and Complaint
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| 18 | 18
21
pgs
respoth
Memorandum in Support
Wed 05/27 1:15 PM
MEMORANDUM in Support re17 MOTION to Dismiss filed by Ricky Lowenthal. (Eisenberger, Sheldon) |
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| 17 | 17
motion
Dismiss
Wed 05/27 1:12 PM
MOTION to Dismiss by Ricky Lowenthal. (Eisenberger, Sheldon) |
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| Monday, April 27, 2020 | ||
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minutes
Pre Motion Conference
Mon 04/27 4:48 PM
Minute Entry for proceedings held before Judge Ann M. Donnelly: Telephonic Pre Motion Conference held on 4/27/2020. Justin Sher and Justin Gunnell appeared for the plaintiffs; Franklyn Snitow and Alan Klein appeared for Defendant Philip Herzog; Sheldon Eisenberger and Mark Doerr appeared for Defendant Ricky Lowenthal. Case called. Discussions held. The motions to dismiss are due before or on May 27, 2020. The opposition motions are due before or on June 26, 2020; the reply motions, if any, are due before or on July 10, 2020. (Court Reporter Charleane Heading.) (Lefkowitz, Jacob) |
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| Monday, March 30, 2020 | ||
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order
Scheduling Order
Mon 03/30 11:58 AM
SCHEDULING ORDER: The pre-motion conference will take place on April 27, 2020, at 4:15 p.m., via telephone conference (line (888) 363-4734, access code 9057625). Ordered by Judge Ann M. Donnelly on 3/30/2020. (Lefkowitz, Jacob) |
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| Friday, March 27, 2020 | ||
| 16 | 16
misc
Letter
Fri 03/27 11:17 PM
Letter in Opposition to Ricky Lowenthal's Request for a Pre-Motion Conference by Aharon Gutterman MD PLLC, Aharon Gutterman, Batsheva Markowitz, Northeast Anesthesia P.C. (Gunnell, Justin) |
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| 15 | 15
misc
Letter
Fri 03/27 11:14 PM
Letter in Opposition to Herzog's Request for a Pre-Motion Conference by Aharon Gutterman MD PLLC, Aharon Gutterman, Batsheva Markowitz, Northeast Anesthesia P.C. (Gunnell, Justin) |
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| Monday, March 23, 2020 | ||
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order
Scheduling Order
Mon 03/23 12:38 PM
ORDER: In light of the parties' pre-motion conference requests, ECF Nos. 10-11, the Court hereby cancels the March 27, 2020 initial conference. Ordered by Magistrate Judge Lois Bloom on 3/23/2020. (Panjini, Madhura) |
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| Friday, March 20, 2020 | ||
| 14 | 14
misc
Report of Rule 26(f) Planning Meeting
Fri 03/20 4:25 PM
REPORT of Rule 26(f) Planning Meeting (Gunnell, Justin) |
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| 13 | 13
misc
Corporate Disclosure Statement
Fri 03/20 4:24 PM
Corporate Disclosure Statement by Northeast Anesthesia P.C. (Gunnell, Justin) |
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| 12 | 12
misc
Corporate Disclosure Statement
Fri 03/20 4:22 PM
Corporate Disclosure Statement by Aharon Gutterman MD PLLC (Gunnell, Justin) |
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| 11 | 11
misc
Letter
Fri 03/20 3:52 PM
Letter Requesting Premotion Conference For Leave To File Rule 12(b)(6) Motion to Dismiss by Ricky Lowenthal (Eisenberger, Sheldon) |
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| 10 | 10
misc
Letter
Fri 03/20 3:31 PM
Letter Pre-Motion Conference Letter for Leave to File Dispositive Motion by Philip Herzog (Klein, Alan) |
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| 9 | 9
notice
Notice of Appearance
Fri 03/20 9:56 AM
NOTICE of Appearance by Sheldon Eisenberger on behalf of Ricky Lowenthal (aty to be noticed) (Eisenberger, Sheldon) |
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| Friday, March 06, 2020 | ||
| 8 | 8
notice
Certificate of Counsel
Fri 03/06 2:13 PM
CERTIFICATE of Counsel Certificate of Service of March 4, 2020 Court Docket Text Order on counsel for defendant Ricky Lowenthal by Alan Victor Klein on behalf of Philip Herzog (Klein, Alan) |
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| Wednesday, March 04, 2020 | ||
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order
Order on Motion for Extension of Time to Answer
Wed 03/04 2:26 PM
ORDER: Counsel for defendant Philip Herzog, with the consent of counsel for defendant Ricky Lowenthal, removed this RICO case from Kings County Supreme Court on February 27, 2020. ECF Nos. 1, 1-2. Counsel for defendant Lowenthal shall file a notice of appearance forthwith. Defendants, with plaintiffs' consent, request an extension of time to respond to plaintiffs' complaint. ECF No. 5. The request is granted. Defendants shall respond to plaintiffs' complaint by March 20, 2020. Any party seeking a jury trial shall make a demand by March 20, 2020. Fed. R. Civ. P. 81(c)(3)(A). The Court shall hold the initial conference on March 27, 2020 at 11:30 a.m. in Courtroom 11A South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. The parties shall exchange their Rule 26(a)(1) initial disclosures and file a 26(f) Meeting Report by March 20, 2020. Parties are advised that they must contact each other before making any request for an adjournment to the Court. Any request for an adjournment must be electronically filed with the Court at least forty-eight (48) hours before the scheduled conference. Counsel for Herzog shall serve a copy of this Order on counsel for Lowenthal and file proof of service forthwith. Ordered by Magistrate Judge Lois Bloom on 3/4/2020. (Panjini, Madhura) |
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| Tuesday, March 03, 2020 | ||
| 7 | 7
notice
Notice of Appearance
Tue 03/03 7:49 PM
NOTICE of Appearance by Stewart Jay Epstein on behalf of Philip Herzog (aty to be noticed) (Epstein, Stewart) |
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| 6 | 6
notice
Notice of Appearance
Tue 03/03 7:35 PM
NOTICE of Appearance by Franklyn H. Snitow on behalf of Philip Herzog (aty to be noticed) (Snitow, Franklyn) |
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| 5 | 5
motion
Extension of Time to File Answer
Tue 03/03 5:08 PM
First MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint, on Consent by Philip Herzog. (Klein, Alan) |
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| 4 | 4
misc
Quality Control Check - Attorney Case Opening
Tue 03/03 12:34 PM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
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| 3 | 3
misc
Clerks Notice of Rule 73
Tue 03/03 12:33 PM
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:[LINK:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf] . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
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| 2 | 2
misc
Proposed Summons/Civil Cover Sheet
Tue 03/03 12:23 PM
Civil Cover Sheet.. by Philip Herzog (Klein, Alan) |
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utility
Case Assigned/Reassigned
Tue 03/03 12:33 PM
Case Assigned to Judge Ann M Donnelly and Magistrate Judge Lois Bloom. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) |
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| Thursday, February 27, 2020 | ||
| 1 | 1
notice
Notice of Removal
Thu 02/27 4:07 PM
NOTICE OF REMOVAL by Philig Herzog from NY Supreme - Kings, case number 501256/2020. ( Filing fee $ 400 receipt number ANYEDC-12458377) (Klein, Alan) |
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Att: 1
Removal Action Complaint Summons, Complaint, Affidavits of Service from State Court action,
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Att: 2
Consent to Removal by Other defendant
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