Miller et al v. Nicholas et al
| New York Eastern District Court | |
| Judge: | William F Kuntz, II |
| Referred: | Sanket J Bulsara |
| Case #: | 1:20-cv-05230 |
| Nature of Suit | 410 Other Statutes - Antitrust |
| Cause | 15:1 Antitrust Litigation |
| Case Filed: | Oct 29, 2020 |
| Terminated: | Nov 03, 2021 |
| Last checked: Tuesday Apr 27, 2021 4:59 AM EDT |
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Defendant
Gerald J Brown
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Represented By
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Defendant
Eastern Torque Services
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Represented By
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Defendant
Hard Chrome Solutions
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Represented By
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Defendant
Abraham Leo
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Represented By
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Defendant
Tina Leo
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Represented By
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Defendant
Frank Nicholas
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Represented By
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Defendant
Nick Nicholas
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Represented By
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Plaintiff
Machinery Equipment Rebuilders
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Represented By
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Plaintiff
Paul Miller, NY
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Represented By
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Plaintiff
US Gearbox Repair
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Represented By
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| Docket last updated: 75 minutes ago |
| Friday, November 05, 2021 | ||
| 31 | 31
order
Judgment - Clerk
Fri 11/05 1:29 PM
CLERK'S JUDGMENT that Defendants motion for sanctions is denied; that Defendants motion to dismiss is granted; and that to the extent Plaintiffs have requested leave to amend the Complaint, that application is denied. So Ordered by Jalitza Poveda, Deputy Clerk on behalf of Douglas C. Palmer, Clerk of Court on 11/5/2021. (Herrera, Isaiah) |
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| Wednesday, November 03, 2021 | ||
| 30 | 30
10
pgs
order
Order on Motion to Dismiss for Failure to State a Claim
Thu 11/04 9:39 AM
ORDER: For the reasons set forth above, Defendants motion for sanctions is DENIED, Defendants motion to dismiss is GRANTED and, to the extent Plaintiffs have requested leave to amend the Complaint, that application is DENIED. The Clerk of Court is respectfully directed to close this case. So Ordered by Judge William F. Kuntz, II on 11/3/2021. (Herrera, Isaiah) |
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| Thursday, April 22, 2021 | ||
| 29 | 29
2
pgs
order
Order(Other)
Thu 04/22 4:28 PM
ORDER: The Court is in receipt of Defendants' fully briefed motion to dismiss and motion for sanctions pursuant to Fed. R. Civ. P. 11. ECF Nos.16 ,21 ,24 ,25 . The Court will review the motion papers in their entirety and reserves the right to call the parties to appear for oral argument. Should the Court require oral argument, the Court will file an order on ECF scheduling the argument. So Ordered by Judge William F. Kuntz, II on 4/22/2021. (Love, Alexis) |
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| Friday, April 16, 2021 | ||
| 28 | 28
1
pgs
misc
Letter
Fri 04/16 2:09 PM
Letter to join in Defendants' request for Oral Argument by Machinery Equipment Rebuilders, Paul Miller (Dayan, Albert) |
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| Thursday, April 15, 2021 | ||
| 27 | 27
misc
Letter
Thu 04/15 5:31 PM
Letter Confirming Defendants' Two Pending Motions Are Fully Briefed by Eastern Torque Services, Hard Chrome Solutions, Abraham Leo, Tina Leo, Frank Nicholas, Nick Nicholas (MacMull, Joel) |
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| 26 | 26
respoth
Reply in Support
Thu 04/15 5:16 PM
REPLY in Support re21 Notice of MOTION to Dismiss for Failure to State a Claim with Prejudice ,16 MOTION for Sanctions Pursuant to Fed. R. Civ. P. 11 filed by Eastern Torque Services, Hard Chrome Solutions, Abraham Leo, Tina Leo, Frank Nicholas, Nick Nicholas. (MacMull, Joel) |
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| Friday, April 09, 2021 | ||
| 25 | 25
10
pgs
misc
Letter
Fri 04/09 4:45 PM
Letter Confirming the Filing of Plaintiffs' Opposition to Defendants' Motion to Dismiss and other Relief by Machinery Equipment Rebuilders, Paul Miller (Dayan, Albert) |
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| 24 | 24
6
pgs
respm
Response in Opposition to Motion
Fri 04/09 4:28 PM
RESPONSE in Opposition re21 Notice of MOTION to Dismiss for Failure to State a Claim with Prejudice ,16 MOTION for Sanctions Pursuant to Fed. R. Civ. P. 11 filed by Machinery Equipment Rebuilders, Paul Miller. (Dayan, Albert) |
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| Monday, April 05, 2021 | ||
| 23 | 23
3
pgs
misc
Letter
Mon 04/05 10:52 AM
Letter Confirming the Filing of Defendants' Motion to Dismiss by Eastern Torque Services, Hard Chrome Solutions, Abraham Leo, Tina Leo, Frank Nicholas, Nick Nicholas (MacMull, Joel) |
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| 22 | 22
20
pgs
respoth
Memorandum in Support
Mon 04/05 10:46 AM
MEMORANDUM in Support re21 Notice of MOTION to Dismiss for Failure to State a Claim with Prejudice filed by Eastern Torque Services, Hard Chrome Solutions, Abraham Leo, Tina Leo, Frank Nicholas, Nick Nicholas. (MacMull, Joel) |
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| 21 | 21
motion
Dismiss for Failure to State a Claim
Mon 04/05 10:42 AM
Notice of MOTION to Dismiss for Failure to State a Claim with Prejudice by Eastern Torque Services, Hard Chrome Solutions, Abraham Leo, Tina Leo, Frank Nicholas, Nick Nicholas. (MacMull, Joel) |
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Att: 1
Notice of Motion
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| Wednesday, March 24, 2021 | ||
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1
pgs
order
Order on Motion for Pre Motion Conference Order on Motion for Sanctions
Wed 03/24 10:58 AM
ORDER: The Court has reviewed the letter submitted by defense counsel on March 23, 2021. See ECF No.19 . The Court hereby ORDERS the following amended briefing schedule on Defendants' motion for sanctions, pursuant to Fed. R. Civ. P. 11: Plaintiffs shall submit their response by Friday, April 9, 2021 at 5:00 P.M. ; and Defendants shall submit their reply, if any, by Friday, April 16, 2021 at 5:00 P.M. Defendants' motion for a pre-motion conference is hereby DENIED as moot . So Ordered by Judge William F. Kuntz, II on 3/24/2021. (Love, Alexis) |
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| Tuesday, March 23, 2021 | ||
| 19 | 19
motion
Pre Motion Conference Sanctions
Tue 03/23 6:48 PM
MOTION for pre motion conference re18 Order,,,,,, Set Deadlines,,,,, For Purposes of Altering the Briefing Schedule in Connection with Defendants' Motion for Sanctions , MOTION for Sanctions by Eastern Torque Services, Hard Chrome Solutions, Abraham Leo, Tina Leo, Frank Nicholas, Nick Nicholas. (MacMull, Joel) |
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| Thursday, March 04, 2021 | ||
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order
Order(Other) 1 - Terminate Deadlines and Hearings
Thu 03/04 5:34 PM
ORDER: The telephonic-initial conference scheduled for 3/5/2021 at 12:00 P.M. before Magistrate Judge Sanket J. Bulsara is adjourned sine die pending the resolution of Defendants' Rule 11 motion. So Ordered by Magistrate Judge Sanket J. Bulsara on 3/4/2021. (Manson, Eddie) |
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| Wednesday, March 03, 2021 | ||
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order
Order(Other) ~Util - Set Deadlines
Wed 03/03 5:36 PM
ORDER: The Court has reviewed the letter submitted by defense counsel on March 3, 2021. See ECF No.16 . The Court hereby ORDERS the following briefing schedule on Defendants' motion for sanctions, pursuant to Fed. R. Civ. P. 11: Defendants shall submit their motion for sanctions, and all corresponding papers, by Friday, April 30, 2021 at 5:00 P.M. ; Plaintiffs shall submit their response by Friday, June 18, 2021 at 5:00 P.M. ; and Defendants shall submit their reply, if any, by Friday, July 9, 2021 at 5:00 P.M. As a courtesy to the Court, the Court requests the parties refrain from filing motion papers until the motion has been fully briefed. If the parties elect to file their motion only once it is fully briefed, the notice of motion and all supporting papers are to be served on the other party along with a cover letter setting forth whom the movant represents and the papers being served. Only a copy of the cover letter shall be electronically filed in advance of the fully briefed motion, and it must be filed as a letter, not as a motion. On the day the motion is fully briefed, each party shall electronically file their individual motion papers by 5:00 P.M. on July 9, 2021 . Defendants shall also mail a complete set of courtesy copies of all motion papers, via overnight mail, to the Court, attention of Ms. Alexis Love. So Ordered by Judge William F. Kuntz, II on 3/3/2021. (Love, Alexis) |
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| 17 | 17
2
pgs
misc
Letter
Wed 03/03 2:42 PM
Letter Advising the Court of the Filing of a Motion Pursuant to Sec. III.G.1 of the Court's Rules by Eastern Torque Services, Hard Chrome Solutions, Abraham Leo, Tina Leo, Frank Nicholas, Nick Nicholas (MacMull, Joel) |
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Att: 1
2 pgs
Exhibit A
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| 16 | 16
motion
Sanctions
Wed 03/03 12:46 PM
MOTION for Sanctions Pursuant to Fed. R. Civ. P. 11 by Eastern Torque Services, Hard Chrome Solutions, Abraham Leo, Tina Leo, Frank Nicholas, Nick Nicholas. (MacMull, Joel) |
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Att: 1
24 pgs
Declaration,
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Att: 2
Memorandum in Support
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| Friday, February 19, 2021 | ||
| 15 | 15
misc
Letter
Fri 02/19 10:00 AM
Letter Confirming Service of Certain Defendants' Motion to Dismiss Pursuant to Section III.G(1) of the Court's Rules by Eastern Torque Services, Hard Chrome Solutions, Abraham Leo, Tina Leo, Frank Nicholas, Nick Nicholas (MacMull, Joel) |
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| Tuesday, February 16, 2021 | ||
| 14 | 14
misc
Letter
Tue 02/16 11:51 AM
Letter Confirming Service of Motion Papers Pursuant to Section III.G(1) of the Court's Rules by Eastern Torque Services, Hard Chrome Solutions, Abraham Leo, Tina Leo, Frank Nicholas, Nick Nicholas (MacMull, Joel) |
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| Tuesday, January 26, 2021 | ||
| 13 | 13
2
pgs
misc
Letter
Tue 01/26 6:58 PM
Letter Re: Response in Opposition to Defendants' Doc. #12: by Machinery Equipment Rebuilders, Paul Miller (Dayan, Albert) |
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| Monday, January 04, 2021 | ||
| 12 | 12
3
pgs
motion
Pre Motion Conference
Mon 01/04 3:28 PM
Letter MOTION for pre motion conference re Order,1 Complaint, to Dismiss the Complaint by Eastern Torque Services, Hard Chrome Solutions, Abraham Leo, Tina Leo, Frank Nicholas, Nick Nicholas. (MacMull, Joel) |
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order
Order on Motion for Pre Motion Conference
Mon 01/04 3:40 PM
ORDER: In light of the COVID-19 pandemic, the Court dispenses with its pre-motion conference requirement. Therefore, the Court denies Defendants' request for a pre-motion conference, ECF No.12 , as moot and GRANTS leave to file the anticipated motion to dismiss. The Court orders the following briefing schedule for Defendants' motion to dismiss: Defendants shall submit their motion no later than Friday, February 19, 2021 by 5:00 P.M. ; Plaintiff shall submit a response no later than Friday, April 2, 2021 by 5:00 P.M. ; Defendants shall submit a reply, if any, no later than Friday, April 30, 2021 by 5:00 P.M. As a courtesy to the Court, the Court requests the parties refrain from filing motion papers until the motion has been fully briefed. If the parties elect to file their motion only once it is fully briefed, the notice of motion and all supporting papers are to be served on the other party along with a cover letter setting forth whom the movant represents and the papers being served. Only a copy of the cover letter shall be electronically filed in advance of the fully briefed motion, and it must be filed as a letter, not as a motion. On the day the motion is fully briefed, each party shall electronically file their individual motion papers by 5:00 P.M. on April 30, 2021. Defendants shall also mail a complete set of courtesy copies of all motion papers, via overnight mail, to the Court, attention of Ms. Alexis Love. So Ordered by Judge William F. Kuntz, II on 1/4/2021. (Love, Alexis) |
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| Wednesday, December 30, 2020 | ||
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order
Order(Other)
Wed 12/30 5:44 PM
ORDER: In light of the Court's order dated 12/24/2020, Defendants may answer, move, or otherwise respond to the Complaint1 , including taking the first steps in filing a motion to dismiss, consistent with Judge Kuntz's practices, by 1/4/2021 . So Ordered by Magistrate Judge Sanket J. Bulsara on 12/30/2020. (Farrell, Gillian) |
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| Tuesday, December 29, 2020 | ||
| 11 | 11
2
pgs
misc
Letter
Tue 12/29 12:15 PM
Letter Seeking Clarification of the Court's 12/24/2020 Order by Eastern Torque Services, Hard Chrome Solutions, Abraham Leo, Tina Leo, Frank Nicholas, Nick Nicholas (MacMull, Joel) |
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| Thursday, December 24, 2020 | ||
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order
Order on Motion for Extension of Time to File Order on Motion to Vacate
Thu 12/24 1:24 PM
ORDER: The Motion to Extend Time to File an Answer10 is granted. Defendants Frank Nicholas, Nick Nicholas, Abraham Leo, Tina Leo, Eastern Torque Services, and Hard Chrome Solution LLC have established that the factors set out in Enron Oil Corp. v. Diakuhara , 10 F.3d 90, 96 (2d Cir. 1993), namely "(1) whether the default was willful; (2) whether setting aside the default would prejudice the adversary; and (3) whether a meritorious defense is presented," weigh in favor of granting the motion. First, Defendants have established that the default was not willful. See Kaisha v. Train Wreck Ltd. Liab. Co. , No. 17-CV-3625, 2018 WL 4103582, at *3 (E.D.N.Y. May 29, 2018) ("[T]he court may find a default to have been willful where the conduct of counsel or the litigant was egregious and was not satisfactorily explained." (quotation omitted)). Defendants are prepared to promptly file an answer to the Complaint and proceed with litigation, which indicates that a meritorious defense may be present; the Court's preference is to resolve cases on the merits, not on default. Defendants are directed to file their answer by 1/4/2021 . The Motions7 and8 are denied as moot in light of the subsequent motion. So Ordered by Magistrate Judge Sanket J. Bulsara on 12/24/2020. (Farrell, Gillian) |
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| Wednesday, December 23, 2020 | ||
| 10 | 10
motion
Vacate
Wed 12/23 8:05 PM
Notice of MOTION to Vacate Order,,, by Eastern Torque Services, Hard Chrome Solutions, Abraham Leo, Tina Leo, Frank Nicholas, Nick Nicholas. (MacMull, Joel) |
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Att: 1
3 pgs
Declaration,
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Att: 2
2 pgs
Exhibit A,
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Att: 3
2 pgs
Declaration,
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Att: 4
2 pgs
Declaration,
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Att: 5
2 pgs
Declaration,
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Att: 6
2 pgs
Exhibit A,
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Att: 7
15 pgs
Memorandum in Support
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| Tuesday, December 22, 2020 | ||
| 9 | 9
6
pgs
order
Scheduling Order
Tue 12/22 1:22 PM
SCHEDULING ORDER: An initial/telephone conference will be held at 12:00 P.M. on 3/5/2021 before Magistrate Judge Bulsara. The parties are directed to call the toll-free number 877-336-1274 . The access code is 6534420 . The parties shall dial in five (5) minutes before the 12:00 P.M. conference. Counsel are directed to complete the attached Discovery Plan Worksheet and electronically file same with the Court no later than two days before 3/5/2021 Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. So Ordered by Magistrate Judge Sanket J. Bulsara on 12/22/2020. (Manson, Eddie) |
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| Wednesday, December 16, 2020 | ||
| 8 | 8
motion
Extension of Time to File Document
Wed 12/16 12:39 PM
Letter MOTION for Extension of Time to File Response to the Complaint (Corrected) by Eastern Torque Services, Hard Chrome Solutions, Abraham Leo, Tina Leo, Frank Nicholas, Nick Nicholas. (MacMull, Joel) |
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Att: 1
2 pgs
Exhibit A,
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Att: 2
2 pgs
Exhibit B
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order
Order(Other)
Wed 12/16 3:32 PM
ORDER: On December 15, 2020, Defendants Frank Nicholas, Nick Nicholas, Abraham Leo, Tina Leo, Eastern Torque Services and Hard Chrome Solutions moved to extend the time to answer, move, or otherwise respond to the Complaint1 . Assuming proper service, the defendants' answers were due between November 23, 2020 and November 25, 2020, for the respective defendants. Defendants challenge whether service was proper but state they are willing to waive personal jurisdiction defenses in exchange for an opportunity to answer. Defendants must file a motion by 12/23/2020 that explains why, under the standards set forth in Enron Oil Corp. v. Diakuhara , 10 F.3d 90, 96 (2d Cir. 1993), a belated answer is permissible, and why a default should not be entered. Liang v. Home Reno Concepts, LLC , 803 F. App'x 444, 446 n.2 (2d Cir. 2020). So Ordered by Magistrate Judge Sanket J. Bulsara on 12/16/2020. (Farrell, Gillian) |
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| Tuesday, December 15, 2020 | ||
| 7 | 7
motion
Extension of Time to File Document
Tue 12/15 2:20 PM
MOTION for Extension of Time to File a Response to the Complaint by Eastern Torque Services, Hard Chrome Solutions, Abraham Leo, Tina Leo, Frank Nicholas, Nick Nicholas. (MacMull, Joel) |
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Att: 1
2 pgs
Exhibit A,
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Att: 2
1 pgs
Exhibit B
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| Thursday, December 10, 2020 | ||
| 6 | 6
1
pgs
notice
Notice of Appearance
Thu 12/10 10:46 AM
NOTICE of Appearance by Joel Geoffrey MacMull on behalf of All Defendants (aty to be noticed) (MacMull, Joel) |
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| Thursday, December 03, 2020 | ||
| 5 | 5
misc
Request for Certificate of Default
Thu 12/03 5:24 PM
Request for Certificate of Default by Paul Miller (Dayan, Albert) |
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Att: 1
7 pgs
Attorney Affirmation in Support of Request.
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| Friday, November 27, 2020 | ||
| 4 | 4
3
pgs
service
Summons Returned Executed
Fri 11/27 1:36 PM
SUMMONS Returned Executed by Machinery Equipment Rebuilders, Paul Miller. Tina Leo served on 11/3/2020, answer due 11/24/2020; Frank Nicholas served on 11/2/2020, answer due 11/23/2020; Nick Nicholas served on 11/4/2020, answer due 11/25/2020. (Dayan, Albert) |
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| Friday, October 30, 2020 | ||
| 3 | 3
1
pgs
misc
Quality Control Check - Attorney Case Opening
Fri 10/30 9:43 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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| 2 | 2
2
pgs
misc
Clerks Notice of Rule 73
Fri 10/30 9:42 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, October 29, 2020 | ||
| 1 | 1
6
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cmp
Complaint
Thu 10/29 6:02 PM
COMPLAINT against All Plaintiffs filing fee $ 400, receipt number ANYEDC-13607138 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Paul Miller. (Dayan, Albert) |
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Att: 1
3 pgs
Civil Cover Sheet
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utility
Case Assigned/Reassigned
Fri 10/30 9:42 AM
Case Assigned to Judge William F. Kuntz, II and Magistrate Judge Sanket J. Bulsara. 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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