Quest Diagnostics Nichols Institute, Inc. v. Sherman-Abrams Laboratory Inc
| New York Eastern District Court | |
| Judge: | Nicholas G Garaufis |
| Referred: | James R Cho |
| Case #: | 1:20-cv-04373 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Breach of Contract |
| Case Filed: | Sep 17, 2020 |
| Terminated: | Jan 04, 2022 |
| Last checked: Tuesday Mar 16, 2021 4:54 AM EDT |
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Counter Claimant
Sherman-Abrams Laboratory Inc
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Represented By
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Counter Defendant
Quest Diagnostics Nichols Institute, Inc.
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Represented By
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Defendant
Sherman-Abrams Laboratory Inc
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Represented By
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Plaintiff
Quest Diagnostics Nichols Institute, Inc.
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Represented By
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| Docket last updated: 3 hours ago |
| Tuesday, January 04, 2022 | ||
| 25 | 25
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pgs
order
Order Dismissing Case
Tue 01/04 9:45 AM
STIPULATION OF DISMISSAL WITH PREJUDICE, that the above-captioned action is dismissed with prejudice, including all claims and counterclaims, and without costs or fees. So Ordered by Judge Nicholas G. Garaufis on 1/3/2022. (Lee, Tiffeny) |
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| Monday, January 03, 2022 | ||
| 24 | 24
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pgs
misc
Stipulation of Dismissal
Mon 01/03 12:04 PM
STIPULATION of Dismissal With Prejudice by Quest Diagnostics Nichols Institute, Inc. (Bonvicino, Andrea) |
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| Tuesday, December 28, 2021 | ||
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order
Status Report Order
Tue 12/28 2:32 PM
STATUS REPORT ORDER: The time for the parties to file a stipulation of dismissal or joint status report letter is extended to 1/4/2022. Ordered by Magistrate Judge James R. Cho on 12/28/2021. (Gillespie-Cardo, Saudia) |
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| Thursday, December 16, 2021 | ||
| 23 | 23
misc
Status Report
Thu 12/16 5:29 PM
STATUS REPORT by Sherman-Abrams Laboratory Inc (Stein, Joshua) |
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| Thursday, December 09, 2021 | ||
| 22 | 22
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pgs
misc
Status Report
Thu 12/09 1:11 PM
STATUS REPORT Re: Settlement Agreement by Sherman-Abrams Laboratory Inc (Stein, Joshua) |
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order
Status Report Order
Thu 12/09 2:14 PM
STATUS REPORT ORDER: The time for the parties to file a stipulation of dismissal or joint status report letter is extended to 12/16/2021 . Ordered by Magistrate Judge James R. Cho on 12/9/2021. (Gillespie-Cardo, Saudia) |
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| Friday, December 03, 2021 | ||
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order
Order on Motion to Adjourn Conference 1 - Terminate Hearings
Fri 12/03 10:20 AM
ORDER granting21 Motion to Adjourn Conference. The parties report they have reached a settlement. Accordingly, the telephonic-settlement conference previously scheduled for December 8, 2021 is canceled. The parties are directed to file a stipulation of dismissal or joint status report letter by December 9, 2021 . Ordered by Magistrate Judge James R. Cho on 12/3/2021. (Gillespie-Cardo, Saudia) |
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| Thursday, December 02, 2021 | ||
| 21 | 21
motion
Adjourn Conference
Thu 12/02 7:09 PM
MOTION to Adjourn Conference by Sherman-Abrams Laboratory Inc. (Stein, Joshua) |
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| Thursday, November 04, 2021 | ||
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order
Order on Motion to Adjourn Conference 1 - Terminate Hearings
Thu 11/04 11:12 AM
ORDER granting20 Motion to Adjourn Conference. The Telephonic-Settlement Conference previously scheduled for November 12, 2021 is adjourned to December 8, 2021 at 10:00 a.m. before Magistrate Judge James R. Cho. The parties are directed to call toll free (888) 808-6929 and use access code 1065334 . The time to submit ex parte settlement letters are extended to December 1, 2021 , which may be forwarded by ex parte email to my chambers at cho_chambers@nyed.uscourts.gov (note that there is an underlined space between cho and chambers). Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge James R. Cho on 11/4/2021. (Gillespie, Saudia) |
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| Wednesday, November 03, 2021 | ||
| 20 | 20
motion
Adjourn Conference
Wed 11/03 4:19 PM
MOTION to Adjourn Conference by Sherman-Abrams Laboratory Inc. (Stein, Joshua) |
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| Thursday, September 30, 2021 | ||
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minutes
Status Conference ~Util - Set Deadlines/Hearings
Thu 09/30 5:03 PM
Minute Entry: Status Conference held on 9/30/2021 before Magistrate Judge James R. Cho. Appearances by Andrea Bonvicino for plaintiff; Joshua Y Stein for defendant. Parties have exchanged written discovery and anticipate conducting depositions. Defendant informed the Court that a related criminal proceeding involving one of defendant's principals may impact discovery in this case. Parties are to continue with discovery and the Court extends the deadline for completing discovery to February 1, 2022 in light of the ancillary criminal proceeding. A Telephonic-Settlement Conference will be held on November 12, 2021 at 10:00 a.m. Each party is directed to call toll free (888) 808-6929 and use access code 1065334 . The parties are directed to submit ex parte settlement letters by November 5, 2021, which may be forwarded by ex parte email to my chambers at cho_chambers@nyed.uscourts.gov (note that there is an underlined space between cho and chambers). The ex parte settlement letters shall state (1) the status of settlement discussions; (2) the last demand and offer made, if any; (3) the strengths and weakness of their case; and (4) any information that may assist the Court in helping the parties resolve the matter. The parties are encouraged to discuss settlement prior to submission of the ex parte letters. The ex parte letters shall be limited to five pages exclusive of attachments. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. If the parties believe that a settlement conference would not be beneficial, the parties shall submit a joint status report by November 5, 2021 and in the report request that the Court convert the settlement conference to a status conference. (AT&T Conference Bridge.) (Gillespie, Saudia) |
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| Thursday, September 23, 2021 | ||
| 19 | 19
motion
Adjourn Conference
Thu 09/23 10:31 AM
First MOTION to Adjourn Conference (settlement conference) and convert to status conference by Sherman-Abrams Laboratory Inc. (Stein, Joshua) |
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order
Order on Motion to Adjourn Conference
Thu 09/23 11:39 AM
ORDER granting19 Motion to Adjourn Conference. The Settlement Conference scheduled for 9/30/2021 is adjourned and converted to a Telephonic Status Conference on 9/30/2021 at 2:00 PM before Magistrate Judge James R. Cho. The parties are directed to call toll free (888) 808-6929 and use access code 1065334. The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. Ordered by Magistrate Judge James R. Cho on 9/23/2021. (Grieff, Robin) |
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| Wednesday, August 11, 2021 | ||
| 18 | 18
motion
Extension of Time to File Document
Wed 08/11 9:16 AM
Letter MOTION for Extension of Time to File Ex Parte Letters to the Court by Quest Diagnostics Nichols Institute, Inc.. (Hensley, Michael) |
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order
Order on Motion for Extension of Time to File
Wed 08/11 9:59 AM
ORDER granting18 Motion for Extension of Time to File: The time to submit ex parte letters is extended to September 23, 2021. Ordered by Magistrate Judge James R. Cho on 8/11/2021. (Hazelwood, John) |
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| Friday, August 06, 2021 | ||
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order
Order on Motion to Adjourn Conference
Fri 08/06 3:53 PM
ORDER granting17 Motion to Adjourn Conference: The Settlement Conference previously set for 8/19/2021 is adjourned to 9/30/2021 at 2:00 PM before Magistrate Judge James R. Cho. The parties are directed to call toll free (888) 808-6929 and use access code 1065334. The time to submit ex parte letters is extended to August 23, 2021. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. If the parties feel that a settlement conference would not be beneficial, they may indicate such by August 23, 2021 and the Court will convert the conference to a status conference. Ordered by Magistrate Judge James R. Cho on 8/6/2021. (Hazelwood, John) |
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| Wednesday, August 04, 2021 | ||
| 17 | 17
motion
Adjourn Conference
Wed 08/04 11:33 AM
Letter MOTION to Adjourn Conference on August 19, 2021 by Quest Diagnostics Nichols Institute, Inc.. (Hensley, Michael) |
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| Thursday, June 17, 2021 | ||
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order
Order on Motion to Adjourn Conference 1 - Terminate Hearings
Thu 06/17 12:15 PM
ORDER granting16 Motion to Adjourn Conference. The Telephonic-Settlement Conference previously scheduled July 6, 2021 is adjourned to August 19, 2021 at 2:00 p.m. before the undersigned. The parties are directed to call toll free (888) 808-6929 and use access code 1065334 . The time to submit ex parte letters is extended to August 12, 2021 . Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. If the parties feel that a settlement conference would not be beneficial, they may indicate such by August 12, 2021 and the Court will convert the conference to a status conference. Ordered by Magistrate Judge James R. Cho on 6/17/2021. (Gillespie, Saudia) |
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| Wednesday, June 16, 2021 | ||
| 16 | 16
motion
Adjourn Conference
Wed 06/16 12:41 PM
Letter MOTION to Adjourn Conference by Quest Diagnostics Nichols Institute, Inc.. (Hensley, Michael) |
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| Tuesday, June 01, 2021 | ||
| 15 | 15
minutes
Status Conference Order on Motion for Discovery
Tue 06/01 5:34 PM
Minute Order for Status Conference held on June 1, 2021 before Magistrate Judge James R. Cho. Michael Hensley appeared for plaintiff and Joshua Stein appeared for defendant. The Court denies13 : the parties "Motion for Discovery Confidentiality Order" for the reasons stated on the record without prejudice. The Court approves14 : the parties revised "Discovery Confidentiality Order". See attachment. (FTR Log #2:30-2:40.) (Maneval, Sarah) |
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| 14 | 14
motion
Discovery
Tue 06/01 3:11 PM
MOTION for Discovery Confidentiality Order by Quest Diagnostics Nichols Institute, Inc.. (Hensley, Michael) |
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| Thursday, May 27, 2021 | ||
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order
Scheduling Order
Thu 05/27 12:06 PM
SCHEDULING ORDER re13 : A Telephone Conference is set for 6/1/2021 at 2:30 PM before Magistrate Judge James R. Cho. The parties are directed to call toll free (888) 808-6929 and use access code 1065334. Ordered by Magistrate Judge James R. Cho on 5/27/2021. (Hazelwood, John) |
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| Tuesday, May 25, 2021 | ||
| 13 | 13
motion
Discovery
Tue 05/25 3:40 PM
MOTION for Discovery Confidentiality Order by Quest Diagnostics Nichols Institute, Inc.. (Bonvicino, Andrea) |
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Att: 1
Proposed Order
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| Monday, May 10, 2021 | ||
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minutes
Status Conference ~Util - Set Hearings
Mon 05/10 3:09 PM
Minute Entry: Status Conference held on 5/10/2021 before Magistrate Judge James R. Cho. Michael Hensley appeared for plaintiff; Joshua Stein appeared for defendants. Parties to exchange responses to written discovery demands by June 7, 2021. A Telephonic-Settlement Conference will be held on July 6, 2021 at 2:00 p.m. Each party is directed to call toll free (888) 808-6929 and use access code 1065334 . The parties are directed to submit ex parte settlement letters by June 29, 2021 , which may be forwarded by ex parte email to my chambers at cho_chambers@nyed.uscourts.gov (note that there is an underlined space between cho and chambers). The ex parte settlement letters shall state (1) the status of settlement discussions; (2) the last demand and offer made, if any; (3) the strengths and weakness of their case; and (4) any information that may assist the Court in helping the parties resolve the matter. The parties are encouraged to discuss settlement prior to submission of the ex parte letters. The ex parte letters shall be limited to five pages exclusive of attachments. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. If the parties feel that a settlement conference would not be beneficial, they may indicate such by June 29, 2021 and the Court will convert the conference to a status conference. (FTR Log #AT&T Conference Bridge.) (Gillespie, Saudia) |
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| Wednesday, April 28, 2021 | ||
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order
Scheduling Order 1 - Terminate Hearings
Wed 04/28 11:01 AM
SCHEDULING ORDER: A Status Conference is set for 5/10/2021 at 2:00 PM before Magistrate Judge James R. Cho. The conference will proceed telephonically. The parties are directed to call toll free (888) 808-6929 and use access code 1065334. The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. Ordered by Magistrate Judge James R. Cho on 4/28/2021. (Hazelwood, John) |
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| Wednesday, April 21, 2021 | ||
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utility
Case Assigned/Reassigned
Wed 04/21 1:15 PM
Case Reassigned to Magistrate Judge James R. Cho. Chief Magistrate Cheryl L. Pollak no longer assigned to the case. 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. (Mahoney, Brenna) |
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| Wednesday, April 14, 2021 | ||
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order
1 - Terminate Hearings
Wed 04/14 8:55 AM
ELECTRONIC ORDER: The Status Conference before Chief Magistrate Cheryl L. Pollak has been adjourned sine die . So Ordered by Chief Magistrate Cheryl L. Pollak on 4/14/2021. (Bayer, Sarah) |
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| Tuesday, January 19, 2021 | ||
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minutes
Initial Conference Hearing ~Util - Set Hearings
Tue 01/19 10:54 AM
MINUTE ENTRY for Initial Conference proceeding held before Chief Magistrate Judge Cheryl Pollak on 1/15/2021. Appearance for plaintiff: Michael Hensley \ Andrea Bonvicino. Appearances for defendant: Alec Sauchik \ Joshua Stein. Parties to exchange document requests and interrogatories by 2/15/2021 - responses due in 45 days. Status Conference set for 4/21/2021 @ 11:15 AM. Conference will proceed via AT&T conference call. Please dial 877-336-1839 at 11:15 AM . Enter Access code: 380-1746 and security code: 20-4373 (Caggiano, Diana) |
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| Thursday, January 14, 2021 | ||
| 12 | 12
misc
Report of Rule 26(f) Planning Meeting
Thu 01/14 1:25 PM
REPORT of Rule 26(f) Planning Meeting (Hensley, Michael) |
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| Monday, December 14, 2020 | ||
| 11 | 11
order
Scheduling Order
Mon 12/14 1:28 PM
SCHEDULING ORDER: An Initial Conference is set for 1/15/2021 @ 9:45 AM before Chief Magistrate Cheryl L. Pollak. Initial conference will proceed via AT&T conference call. Please dial 877-336-1839 at 9:45 AM. Enter Access code: 380-1746 and security code: 20-4373 So Ordered by Chief Magistrate Cheryl L. Pollak on 12/14/2020. (Caggiano, Diana) |
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| Wednesday, December 09, 2020 | ||
| 10 | 10
notice
Notice of Appearance
Wed 12/09 4:44 PM
NOTICE of Appearance by Joshua Y Stein on behalf of Sherman-Abrams Laboratory Inc (aty to be noticed) (Stein, Joshua) |
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| Friday, December 04, 2020 | ||
| 9 | 9
answer
Answer to Counterclaim
Fri 12/04 11:07 AM
ANSWER to8 Answer to Complaint, Counterclaim by Quest Diagnostics Nichols Institute, Inc.. (Hensley, Michael) |
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| Wednesday, November 18, 2020 | ||
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utility
Case Assigned/Reassigned
Wed 11/18 1:38 PM
Case Reassigned to Chief Magistrate Cheryl L. Pollak. Magistrate Judge James Orenstein no longer assigned to the case. 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. (Mahoney, Brenna) |
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| Tuesday, November 17, 2020 | ||
| 8 | 8
15
pgs
answer
Answer to Complaint Counterclaim
Tue 11/17 1:10 PM
ANSWER to1 Complaint, Affirmative Defenses , First COUNTERCLAIM against Quest Diagnostics Nichols Institute, Inc. by All Defendants. (Sauchik, Alec) |
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| Friday, September 25, 2020 | ||
| 7 | 7
service
Waiver of Service Executed
Fri 09/25 10:58 AM
WAIVER OF SERVICE Returned Executed by Quest Diagnostics Nichols Institute, Inc.. (Hensley, Michael) |
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| Friday, September 18, 2020 | ||
| 6 | 6
notice
Notice of Appearance
Fri 09/18 11:35 AM
NOTICE of Appearance by Andrea Laura Bonvicino on behalf of All Plaintiffs (aty to be noticed) (Bonvicino, Andrea) |
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| 5 | 5
misc
Quality Control Check - Attorney Case Opening
Fri 09/18 10:27 AM
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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| 4 | 4
misc
Clerks Notice of Rule 73
Fri 09/18 10:25 AM
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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| Thursday, September 17, 2020 | ||
| 3 | 3
service
Summons Issued
Fri 09/18 10:25 AM
Summons Issued as to Sherman-Abrams Laboratory Inc. (Bowens, Priscilla) |
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| 2 | 2
misc
Corporate Disclosure Statement
Thu 09/17 5:52 PM
Corporate Disclosure Statement by Quest Diagnostics Nichols Institute, Inc. identifying Corporate Parent American Medical Laboratories for Quest Diagnostics Nichols Institute, Inc.. (Hensley, Michael) |
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| 1 | 1
10
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cmp
Complaint
Thu 09/17 5:50 PM
COMPLAINT against Sherman-Abrams Laboratory Inc filing fee $ 400, receipt number ANYEDC-13380155 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Quest Diagnostics Nichols Institute, Inc.. (Hensley, Michael) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Proposed Summons
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utility
Case Assigned/Reassigned
Fri 09/18 10:18 AM
Case Assigned to Judge Nicholas G. Garaufis and Magistrate Judge James Orenstein. 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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