Paravas v. Long Tran

New York Southern District Court
Judge:Alison J Nathan
Referred: Katharine H Parker
Case #: 1:21-cv-00807
Nature of Suit440 Civil Rights - Other Civil Rights
Cause28:1332 Diversity Action
Case Filed:Jan 29, 2021
Terminated:Mar 10, 2022
Last checked: Wednesday Jul 28, 2021 4:42 AM EDT
Defendant
Long Tran
Plaintiff
Trisha Paravas
P.O. Box 7415
New York, NY 10116


Docket last updated: 10/30/2025 11:59 PM EDT
Friday, March 11, 2022
38 38 4 pgs order Memorandum & Opinion Fri 03/11 3:53 PM
OPINION AND ORDER: Accordingly, Plaintiff's motion to strike her medical records from the Court's record is DENIED. The medical records, however, shall remain under seal. For the foregoing reasons, Plaintiff's request at ECF No. 35 is DENIED. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 3/11/2022) (vfr)
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Thursday, March 10, 2022
37 37 order Judgment - Default Thu 03/10 3:49 PM
CLERK'S DEFAULT JUDGMENT in favor of Trisha Paravas against Long Tran in the amount of $24,356.38. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated March 10, 2022, as of this date, no objections to the Report & Recommendation have been filed, and the deadline for objections has passed. Thus, the Court has reviewed the Report & Recommendation for clear error, and it found none. The Report & Recommendation is adopted in its entirety and Plaintiffs' motion for default judgment is GRANTED against Defendant on Plaintiff's breach of contract and defamation claims. Plaintiff is awarded the following: (1) breach of contract damages in the amount of $685; (2) defamation damages in the amount of $22,055; (3) court costs in the amount of $557.98; (4) pre-judgment interest on such damages, at the interest rate of $1.40 per day from February 14, 2020 through the date of entry of judgment, in the amount of $1,058.40; and (5) post-judgment interest pursuant to 28 U.S.C. § 1961; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 3/10/2022) (km)
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Att: 1 Right to Appeal
36 36 3 pgs order Order Adopting Report and Recommendations Thu 03/10 3:06 PM
ORDER adopting33 Report and Recommendations re:12 Motion for Default Judgment filed by Trisha Paravas. As of this date, no objections to the Report & Recommendation have been filed, and the deadline for objections has passed. See Dkt. No. 33 at 27. Thus, the Court reviews the Report & Recommendation for clear error, and it finds none. The Court therefore adopts the Report & Recommendation in its entirety and GRANTS Plaintiffs' motion for default judgment against Defendant on Plaintiff's breach of contract and defamation claims. The Court orders that Plaintiff is awarded the following: (1) breach of contract damages in the amount of $685; (2) defamation damages in the amount of $22,055; (3) court costs in the amount of $557.98; (4) pre-judgment interest on such damages, at the interest rate of $1.40 per day from February 14, 2020 through the date of entry of judgment; and (5) post-judgment interest pursuant to 28 U.S.C. § 1961. This resolves docket number 12. The Clerk of Court is respectfully directed to enter judgment in accordance with the Report & Recommendation and close this case. SO ORDERED. (Signed by Judge Alison J. Nathan on 3/10/2022) (vfr)
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Tuesday, March 08, 2022
35 35 respoth Objection to Report and Recommendations Tue 03/08 11:46 AM
REPLY(Objection) TO REPORT AND RECOMMENDATION REGARDING MOTION FOR DEFAULT JUDGMENT AND REQUEST TO PERMANENTLY DELETE PLAINTIFF'S MEDICAL RECORDS FROM THE COURT RECORDS, re:33 Report and Recommendations Document filed by Trisha Paravas. (sc)
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Wednesday, February 23, 2022
misc Mail Order by Certified Mail Wed 02/23 11:15 AM
Returned original paperwork to Plaintiff Trisha Paravas P.O. Box 7415 New York, NY 10116 by Certified Mail # UPS # 1ZE22E533710044578.Copies of this paperwork have been filed with the SDNY Clerk's Office Under Seal.(ca)
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misc Sealed Document Wed 02/23 11:50 AM
SEALED DOCUMENT placed in vault. (nmo)
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Tuesday, February 22, 2022
33 33 order Report and Recommendations Tue 02/22 12:20 PM
REPORT AND RECOMMENDATION re:12 MOTION for Default Judgment as to Long Tran filed by Trisha Paravas. For the reasons stated above, I respectfully recommend that Plaintiff's motion for default judgment of her CFAA, intentional infliction of emotional distress, and tortious interference with prospective economic advantage claims be denied and dismissed without prejudice. I further recommend that injunctive relief and judgment collection fees be denied. Lastly, I recommend that Plaintiffs motion for default judgment as to her breach of contract and defamation claims be granted and Plaintiff awarded the following: Breach of Contract damages in the amount of $685; Defamation damages in the amount of $22,055 ($5000 in general damages and$17,055 in punitive damages); Court costs in the amount of $557.98; Pre-judgment interest on such damages, at the interest rate of $1.40 per day from February 14, 2020 through the date of entry of judgment; and Post-judgment interest pursuant to 28 U.S.C. § 1961. Plaintiff is further ordered to mail a copy of this report and recommendation to Defendant by regular mail. To be clear, Plaintiff need not engage a process server to formally serve the Defendant. Respectfully Submitted. Objections to R&R due by 3/8/2022 (Signed by Magistrate Judge Katharine H. Parker on 2/22/2022) (vfr)
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Friday, January 21, 2022
32 32 minutes Inquest Hearing Status Conference Fri 01/21 2:52 PM
Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: telephonic Inquest Hearing / Status held on 1/21/2022 : See Transcript for Details. A transcript of this proceeding is available by utilizing the attached order form. AT&T Conference Line. (ca)
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31 31 service Affidavit of Service Other Fri 01/21 9:52 AM
AFFIDAVIT OF SERVICE of Order Scheduling Inquest Hearing; served on Long Tran on 1/19/22. Service was accepted by Long Tran(no access inside; intercom access only; documents posted). Document filed by Trisha Paravas. (sc)
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Thursday, January 20, 2022
notice Notice (Other) Thu 01/20 1:58 PM
NOTICE TO THE PARTIES: REMINDER of the Inquest Hearing scheduled on Friday, January 21, 2022 at 2:00 p.m. Please dial (866) 434-5269, Access code: 4858267. re:30 Order.(ca)
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Tuesday, January 11, 2022
30 30 2 pgs order Order ~Util - Set Hearings Tue 01/11 12:06 PM
ORDER SCHEDULING INQUEST HEARING: This case has been referred to me for a report and recommendation pertaining to Defendant's default judgment. (ECF No. 12.) A hearing will take place on Friday, January 21, 2022 at 2:00 p.m. The parties are directed to call into the court's teleconference line at the scheduled time by dialing (866) 434-5269, Access code: 4858267. The parties shall be prepared to answer questions and provide testimony, as appropriate, on the damages application. By January 25, 2022, Plaintiff is directed to file supporting documentation pertaining to the attorneys' fees paid in the trademark infringement litigation that Plaintiff seeks to recover in this action. Claims for attorneys' fees must be supported by detailed attorney time records and evidence of costs (such as receipts or evidence of paid invoices) introduced through an attorney declaration. By January 25, 2022, Plaintiff is also directed to file supporting documentation pertaining to the emotional harm sustained and related damages. Documentation should include a sworn affidavit by Plaintiff and relevant exhibits (e.g., medical treatment records) as applicable. By no later than January 14, 2022, Plaintiff shall serve a copy of this Order via a method intended to ensure delivery to Defendant. Plaintiff shall file an affidavit of service of with the Court. SO ORDERED. ( Telephone Conference set for 1/21/2022 at 2:00 PM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 1/11/2022) (vfr)
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Monday, January 03, 2022
29 29 misc Letter Mon 01/03 2:45 PM
LETTER addressed to Judge Alison J. Nathan from T. Paravas, dated 1/3/22 re: "LETTER REQUESTING GRANTING OF DEFAULT JUDGMENT" - I, therefore, request the Court to grant me additional punitive damages based upon defendant's outrageous and repeated bad faith conduct. These specific damages are to be determined by the Court. Please see Dkt. #22, Exhibit H 22-8. I humbly request Hon. Magistrate Judge Parker to issue a Report & Recommendation for my damages which shall enable me to obtain a ruling on my Motion for a Default Judgment. Document filed by Trisha Paravas.(sc)
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Monday, November 08, 2021
28 28 1 pgs order Order Mon 11/08 3:50 PM
ORDER: The Court has referred the pending Motion for Default Judgment to Magistrate Judge Parker for a Report and Recommendation, see Dkt. No. 27. The Clerk of Court is respectfully asked to mail a copy of this Order and the Referral Order (Dkt. No. 27) to Petitioner and note the mailing on the public docket. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/8/2021) (vfr)
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Friday, November 05, 2021
27 27 order Amended Order Referring Case to Magistrate Judge Fri 11/05 5:01 PM
AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge Katharine H. Parker. Motions Order to Show Cause & Motion for Default Judgment (Dkt.No.12) referred to Katharine H. Parker. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/5/2021) (vfr)
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Thursday, November 04, 2021
26 26 1 pgs order Order Thu 11/04 3:22 PM
ORDER: The Court is in receipt of Plaintiff's documents and does not need anything further at this time. The motion for default judgment will be resolved in due course. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/4/2021) (vfr)
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Wednesday, November 03, 2021
25 25 misc Letter Wed 11/03 1:54 PM
LETTER addressed to Judge Alison J. Nathan from Trisha Paravas, dated 11/2/21 re: "LETTER REQUESTING GRANTING OF DEFAULT JUDGMENT" - I am submitting this letter on behalf of myself to this action in accordance with the Judge's Order on 6/21/21 at the initial conference call instructions to serve the defendant with the Notice of Default Judgment documents(Dkt. Nos. 16-22) etc. From my end, I have diligently followed the Court process and procedures and have submitted all of the required motions per federal rules. Upon Judge Parker's instructions on 6/21/21, I have also followed Judge Parker's directions and served the default judgment documents on the defendant on 6/28/21(Dkt. #15). I further submitted to this Court the Motion for Default Judgment documents with itemized bills to the defendant(Dkt. ##16-22) etc. It has been over four months since my last submission, which provided defendant adequate time to respond, but he has failed to do so. Document filed by Trisha Paravas.(sc)
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24 24 service Affidavit of Service Other Wed 11/03 12:57 PM
AFFIDAVIT OF SERVICE of Request for Clerk's Certificate of Default, Affirmation in Support, Affirmation in Support of Request for Clerk's Certificate of Default, Proposed Clerk's Certificate of Default, Clerk's Certificate of Default, Proposed Order to Show Cause w/o Emergency Relief Exhibit 1-14, Memorandum of Law in Support served on Long Tran on 11/2/21. Service was accepted by (affixing to door of said premises). Service was also made by Mail. Document filed by Trisha Paravas. (sc)
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Friday, July 23, 2021
19 19 respoth Affirmation in Support (non-motion) Fri 07/23 3:41 PM
AFFIRMATION of Trisha Paravas IN SUPPORT OF REQUEST FOR CERTIFICATE OF DEFAULT, re:18 Remark. Document filed by Trisha Paravas. (sc)
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18 18 misc Remark Fri 07/23 3:38 PM
REQUEST FOR CLERK'S CERTIFICATE OF DEFAULT. Document filed by Trisha Paravas. (sc)
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Friday, July 02, 2021
17 17 4 pgs respoth Affirmation in Support (non-motion) Tue 07/06 12:39 PM
AMENDED AFFIDAVIT(Affirmation) of Trisha Paravas FOR JUDGMENT BY DEFAULT, re:16 Remark. Document filed by Trisha Paravas. (sc)
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16 16 misc Remark Tue 07/06 12:36 PM
REQUEST FOR CLERK'S CERTIFICATE OF DEFAULT. Document filed by Trisha Paravas. (sc)
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15 15 service Affidavit of Service Other Fri 07/02 12:48 PM
AFFIDAVIT OF SERVICE of Order to Show Cause, Motion for Default, Amended Order to Show Cause & Motion for Default, Memorandum of Law & Facts in Support of Entry of Default Judgment, Exhibit A; served on Long Tran on 6/26/21. Service was made by Mail. Document filed by Trisha Paravas. (sc)
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Tuesday, June 22, 2021
misc Notice to Attorney Regarding Deficient Proposed Order Tue 06/22 3:43 PM
***NOTICE REGARDING DEFICIENT PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Notice regarding Document No. 14 Proposed Order to Show Cause Without Emergency Relief. The filing is deficient for the following reason(s): The filing is premature. You need to obtain a clerk's certificate of default first before submitting the Order to Show Cause papers. Please submit the clerk's certificate of default and an affidavit in support to the pro se office. (km)
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Monday, June 21, 2021
minutes Pretrial Conference - Initial Status Conference Mon 06/21 10:57 AM
Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: telephonic Initial Pretrial Conference/ Status Conference held on 6/21/2021. Defendant failed to appear for this proceeding: See transcript for details. (ca)
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Thursday, June 17, 2021
notice Notice (Other) Thu 06/17 2:51 PM
NOTICE TO THE PARTIES: REMINDER of the telephonic Initial Conference scheduled for 6/21/2021 at 10:45 AM.Please dial: (866) 434-5269, Access code: 4858267 re:8 Order.(ca)
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Tuesday, June 15, 2021
14 14 misc Proposed Order to Show Cause Without Emergency Relief Tue 06/15 11:45 AM
PROPOSED AMENDED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF AND MOTION FOR DEFAULT. Document filed by Trisha Paravas. (sc)
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Monday, May 24, 2021
13 13 9 pgs respm Memorandum of Law in Support of Motion Mon 05/24 12:19 PM
MEMORANDUM OF LAW AND FACTS IN SUPPORT OF ENTRY OF DEFAULT JUDGMENT, re:12 MOTION for Default Judgment as to Long Tran. Document filed by Trisha Paravas. (sc)
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12 12 motion Default Judgment Mon 05/24 12:15 PM
ORDER TO SHOW CAUSE & MOTION FOR DEFAULT, for Default Judgment as to Long Tran. Document filed by Trisha Paravas.(sc)
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Att: 1 Exhibit,
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Att: 11 Exhibit
Friday, April 02, 2021
11 11 service Affidavit of Service Other Fri 04/02 10:28 AM
AFFIDAVIT OF SERVICE of Summons and Complaint and Order Scheduling Initial Case Management Telephone Conference; served on Long Tran on 3/30/21. Service was accepted by (affixed documents to the front door of residence at 5311 Kennedy Blvd. East, Apt. 5, West New York, NJ 07093). Document filed by Trisha Paravas. (sc)
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Friday, March 12, 2021
10 10 misc Proposed Case Management Plan Mon 03/15 9:01 AM
PROPOSED CASE MANAGEMENT PLAN FOR PRO SE CASE. Document filed by Trisha Paravas. (sc)
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9 9 misc Pro Se Consent to Receive Electronic Service Fri 03/12 12:23 PM
PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Trisha Paravas consents to receive electronic service via the ECF system. Document filed by Trisha Paravas.(sc)
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Wednesday, March 10, 2021
8 8 3 pgs order Order for Initial Pretrial Conference Wed 03/10 11:16 AM
ORDER SCHEDULING INITIAL CASE MANAGEMENT TELEPHONE CONFERENCE: Initial Conference set for 6/21/2021 at 10:45 AM before Magistrate Judge Katharine H. Parker. The parties' are directed to call into the court's teleconference line at the scheduled timeby dialing (866) 434-5269, Access code: 4858267; as further set forth herein. The Clerk of Court is requested to a copy of this order to the Plaintiff. (Signed by Magistrate Judge Katharine H. Parker on 3/10/2021) (mro)
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7 7 1 pgs order Order Referring Case to Magistrate Judge Wed 03/10 10:06 AM
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Katharine H. Parker. (Signed by Judge Alison J. Nathan on 3/9/2021) (rjm)
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misc Mail Order by USPS Wed 03/10 11:40 AM
Mailed a copy of8 Order for Initial Pretrial Conference, to Trisha Paravas at P.O. Box 7415, New York, NY 10116. (dsh)
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Friday, February 26, 2021
notice Notice of Case Assignment/Reassignment Fri 02/26 3:19 PM
NOTICE OF CASE REASSIGNMENT to Judge Alison J. Nathan. Judge Colleen McMahon is no longer assigned to the case..(wb)
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utility Case Designation Fri 02/26 3:20 PM
Magistrate Judge Katharine H. Parker 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:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (wb)
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Thursday, February 25, 2021
5 5 service Request for Issuance of Summons Thu 02/25 10:14 AM
REQUEST FOR ISSUANCE OF SUMMONS as to Long Tran, re:1 Complaint. Document filed by Trisha Paravas. (sc)
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misc Transmission to Pro Se Assistants Thu 02/25 10:15 AM
Transmission to Pro Se Assistants. Transmitted re:5 Request for Issuance of Summons, to the Pro Se Assistants for processing. (sc)
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service Summons Issued Thu 02/25 10:52 AM
SUMMONS ISSUED as to Long Tran. (sha)
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Monday, February 22, 2021
misc Pro Se Payment of Fee - Processed Mon 02/22 1:41 PM
Pro Se Payment of Fee Processed: $402.00 Check processed by the Finance Department on 2/22/2021, Receipt Number 465401274152. (sw)
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Tuesday, February 16, 2021
4 4 2 pgs order Order Directing Payment of Fee or IFP Application Tue 02/16 12:06 PM
ORDER DIRECTING PAYMENT OF FEES OR IFP APPLICATION: Plaintiff is directed to render payment of the relevant fees or submit an IFP application to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States , 369 U.S. 438, 444-45 (1962). Fees due by 3/18/2021. In Forma Pauperis (IFP) Application due by 3/18/2021. (Signed by Judge Colleen McMahon on February 16, 2021) (jjg)
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Att: 1 IFP application
notice Notice of Case Assignment/Reassignment - Sua Sponte Tue 02/16 11:53 AM
NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case..(wb)
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misc Mail Order by USPS Tue 02/16 12:19 PM
Mailed a copy of4 Order Directing Payment of Fee or IFP Application to Trisha Paravas at P.O. Box 7415, New York, NY 10116. (kh)
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Wednesday, February 03, 2021
3 3 service Request for Issuance of Summons Wed 02/03 12:49 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Long Tran, re:1 Complaint. Document filed by Trisha Paravas. (sc)
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misc Transmission to Pro Se Assistants Wed 02/03 12:50 PM
Transmission to Pro Se Assistants. Transmitted re:3 Request for Issuance of Summons, to the Pro Se Assistants for processing. (sc)
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Monday, February 01, 2021
2 2 service Request for Issuance of Summons Mon 02/01 4:30 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Long Tran, re:1 Complaint. Document filed by Trisha Paravas. (vn)
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Friday, January 29, 2021
1 1 16 pgs cmp Complaint Fri 01/29 11:03 AM
COMPLAINT against Long Tran. Document filed by Trisha Paravas. (sac)
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utility Case Designated ECF Fri 01/29 11:03 AM
Case Designated ECF. (sac)
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