MZA Events, Inc. v. Bergen et al
| New York Southern District Court | |
| Judge: | Denise L Cote |
| Case #: | 1:21-cv-04460 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332bc Diversity-Breach of Contract |
| Case Filed: | May 18, 2021 |
| Terminated: | Jan 19, 2022 |
| Last checked: Sunday Nov 14, 2021 5:29 AM EST |
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Defendant
6W Entertainment, Inc.
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Represented By
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Defendant
Erich Bergen
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Represented By
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Plaintiff
MZA Events, Inc.
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Represented By
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| Docket last updated: 2 hours ago |
| Wednesday, February 16, 2022 | ||
| 37 | 37
order
Stipulation and Order of Voluntary Dismissal ~Util - Add and Terminate Parties
Wed 02/16 10:44 AM
STIPULATION OF SETTLEMENT AND ORDER OF DISMISSAL WITH PREJUDICE: Pursuant to Federal Rule of Civil Procedure 41(a), Plaintiff MZA Events, Inc. and Defendants Erich Bergen and 6W Entertainment, Inc. stipulate to the dismissal of this action, with prejudice. Each party to bear its/his own costs and fees. IT IS SO STIPULATED. So ordered. 6W Entertainment, Inc. and Erich Bergen terminated. (Signed by Judge Denise L. Cote on 2/16/2022) (vfr) |
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misc
Notice to Attorney to Re-File Document - Event Type Error
Wed 02/16 10:12 AM
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Steven Stein to RE-FILE Document 36 Stipulation of Voluntary Dismissal. Use the event type Proposed Stipulation and Order found under the event list Proposed Orders. Make sure to attach the correct signed (scanned ink signature image) PDF. (tp) |
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| Tuesday, February 15, 2022 | ||
| 36 | 36
misc
Stipulation of Voluntary Dismissal
Tue 02/15 5:52 PM
STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, against the defendant(s) All Defendants and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by MZA Events, Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(Stein, Steven) |
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| Wednesday, January 19, 2022 | ||
| 34 | 34
1
pgs
order
Order of Discontinuance ~Util - Set Deadlines
Wed 01/19 4:34 PM
ORDER OF DISCONTINUANCE.... It having been reported to this Court that this case has been settled, it is hereby ORDERED that the above-captioned action is discontinued without costs to any party and without prejudice to restoring the action to this Court's calendar if the application to restore the action is made by February 18, 2022. If no such application is made by that date, today's dismissal of the action is with prejudice. See Muze, Inc. v. Digital On Demand, Inc. 356 F. 3d 492, 494 n.1 (2d Cir. 2004). ( Motions due by 2/18/2022.) (Signed by Judge Denise L. Cote on 1/19/2022) (vfr) |
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| 33 | 33
misc
Letter
Wed 01/19 2:27 PM
LETTER addressed to Judge Denise L. Cote from Steven A. Stein dated January 19, 2022 re: Joint Status Update. Document filed by MZA Events, Inc...(Stein, Steven) |
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| Wednesday, November 10, 2021 | ||
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adr
Notice of Mediator Assignment
Wed 11/10 1:02 PM
NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator.(ah) |
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adr
Mediation Conference Scheduled
Wed 11/10 1:03 PM
FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 12/30/2021 at 10:00 AM in telephone or video conference.(ah) |
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| Friday, October 22, 2021 | ||
| 32 | 32
2
pgs
order
Order ~Util - Set Deadlines
Fri 10/22 11:15 AM
ORDER: It is hereby ORDERED that the case management plan entered on July 30, 2021 is amended as follows. The following schedule shall govern the further conduct of pretrial proceedings in this case. This case will be referred to mediation to occur in December 2021. The Clerk of Court will contact the parties when a mediator has been selected. IT IS FURTHER ORDERED that all fact discovery must be completed by January 28, 2022. IT IS FURTHER ORDERED that defendants shall notify the Court by January 28, 2022 if they intend to file a motion for summary judgment. Any motion for summary judgment will be filed by February 18, 2022. Any opposition must be filed by March 11, 2022. Any reply must be filed by March 25, 2022. IT IS FURTHER ORDERED that in the event no motion is filed, plaintiff's identification of experts and disclosure of expert testimony conforming to the requirements of Rule 26(a)(2)(B), Fed. R. Civ. O., must occur by February 18, 2022. Defendants' identification of experts and disclosure of expert testimony must occur by March 11, 2022. Depositions of expert witnesses must occur by April 1, 2022. SO ORDERED. ( Deposition due by 4/1/2022., Fact Discovery due by 1/28/2022., Motions due by 2/18/2022., Responses due by 3/11/2022, Replies due by 3/25/2022.) (Signed by Judge Denise L. Cote on 10/22/2021) (vfr) |
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| 31 | 31
order
Mediation Referral Order
Fri 10/22 10:56 AM
AMENDED MEDIATION REFERRAL ORDER: It is hereby ORDERED that this case is referred for mediation to the Court-annexed Mediation Program to occur in December 2021. The parties are notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. Mediators will be assigned based on the nature of suit. Additional expertise requests should promptly be directed to the Mediation Office. SO ORDERED. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 11/1/2021. (Signed by Judge Denise L. Cote on 10/22/2021) (vfr) |
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| Thursday, October 21, 2021 | ||
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minutes
Pretrial Conference - Initial
Tue 11/02 12:28 PM
Minute Entry for proceedings held before Judge Denise L. Cote: Initial Pretrial Conference held on 10/21/2021. (jwh) |
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| Wednesday, October 13, 2021 | ||
| 30 | 30
2
pgs
misc
Letter
Wed 10/13 3:09 PM
JOINT LETTER addressed to Judge Denise L. Cote from Steven A. Stein dated October 13, 2021 re: Response to Court's 9/16/2021 Notice of Pretrial Conference. Document filed by MZA Events, Inc...(Stein, Steven) |
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| Thursday, September 16, 2021 | ||
| 29 | 29
2
pgs
order
Order for Initial Pretrial Conference
Thu 09/16 4:38 PM
NOTICE OF PRETRIAL CONFERENCE: Initial Conference by telephone set for 10/21/2021 at 04:00 PM before Judge Denise L. Cote. The parties shall use the following dial-in credentials for the conference. Dial-in: 888-363-4749 Access code: 4324948. SO ORDERED. (Signed by Judge Denise L. Cote on 9/16/2021) (vfr) |
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| Tuesday, September 14, 2021 | ||
| 28 | 28
order
Protective Order
Tue 09/14 11:53 AM
STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... SO ORDERED. (Signed by Judge Denise L. Cote on 9/14/2021) (vfr) |
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| Monday, September 13, 2021 | ||
| 27 | 27
7
pgs
misc
Proposed Protective Order
Mon 09/13 2:07 PM
PROPOSED PROTECTIVE ORDER. Document filed by MZA Events, Inc...(Stein, Steven) |
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| Wednesday, September 08, 2021 | ||
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notice
Notice of Case Assignment/Reassignment
Wed 09/08 4:33 PM
NOTICE OF CASE REASSIGNMENT to Judge Denise L. Cote. Judge Vernon S. Broderick is no longer assigned to the case. (vba) |
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| Thursday, July 22, 2021 | ||
| 23 | 23
2
pgs
order
Order
Thu 07/22 11:20 AM
ORDER AND NOTICE OF INITIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby: ORDERED that, in light of the public health crisis, the Court will not be holding an initial pretrial conference. IT IS FURTHER ORDERED that, by July 30, 2021, the parties submit a joint letter, not to exceed three (3) pages, providing the following information in separate paragraphs: as further set forth herein. SO ORDERED. (Signed by Judge Vernon S. Broderick on 7/22/2021) (kv) |
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| Tuesday, July 20, 2021 | ||
| 22 | 22
14
pgs
answer
Answer to Amended Complaint
Tue 07/20 6:47 PM
ANSWER to18 Amended Complaint with JURY DEMAND. Document filed by 6W Entertainment, Inc., Erich Bergen..(Lerner, Melissa) |
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| Tuesday, July 13, 2021 | ||
| 21 | 21
1
pgs
order
Order on Motion to Dismiss
Tue 07/13 3:44 PM
MEMO ENDORSEMENT terminating15 Motion to Dismiss;20 LETTER addressed to Judge Vernon S. Broderick from Andrew Brettler dated July 12, 2021. ENDORSEMENT: APPLICATION GRANTED. The Clerk of Court is respectfully directed to terminate the open motion at Document 15. (Signed by Judge Vernon S. Broderick on 7/13/2021) (cf) |
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| Monday, July 12, 2021 | ||
| 20 | 20
1
pgs
misc
Letter
Mon 07/12 5:06 PM
LETTER addressed to Judge Vernon S. Broderick from Andrew Brettler dated July 12, 2021 re: Motion To Dismiss. Document filed by 6W Entertainment, Inc., Erich Bergen..(Brettler, Andrew) |
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| Wednesday, July 07, 2021 | ||
| 19 | 19
1
pgs
order
Order
Wed 07/07 5:35 PM
ORDER: Accordingly, it is hereby: ORDERED that Defendants shall file a letter within seven (7) days deciding whether their motion to dismiss should be deemed moot without prejudice to refile a new motion to dismiss in accordance with Federal Rule of Civil Procedure 15(a)(3), or if I should evaluate Defendants' current motion to dismiss in light of the facts alleged in the amended complaint. SO ORDERED. (Signed by Judge Vernon S. Broderick on 7/7/2021) (kv) |
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| Tuesday, July 06, 2021 | ||
| 18 | 18
19
pgs
cmp
Amended Complaint
Tue 07/06 9:21 PM
FIRST AMENDED COMPLAINT against 6W Entertainment, Inc., Erich Bergen with JURY DEMAND.Document filed by MZA Events, Inc...(Moskowitz, Bennet) |
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Att: 1
3 pgs
Exhibit A,
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Att: 2
3 pgs
Exhibit B
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| Wednesday, June 16, 2021 | ||
| 17 | 17
1
pgs
order
Order ~Util - Set Deadlines/Hearings
Wed 06/16 4:45 PM
ORDER: Accordingly, it is hereby: ORDERED that Plaintiff shall file any amended complaint by July 6, 2021. It is unlikely that Plaintiff will have a further opportunity to amend. IT IS FURTHER ORDERED that if no amended complaint is filed, Plaintiff shall serve any opposition to the motion to dismiss by July 15, 2021. Defendants' reply, if any, shall be served by July 29, 2021. SO ORDERED., ( Amended Pleadings due by 7/6/2021.) (Signed by Judge Vernon S. Broderick on 6/16/2021) (ama) |
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| Tuesday, June 15, 2021 | ||
| 16 | 16
18
pgs
respm
Memorandum of Law in Support of Motion
Tue 06/15 7:30 PM
MEMORANDUM OF LAW in Support re:15 MOTION to Dismiss . . Document filed by 6W Entertainment, Inc., Erich Bergen..(Brettler, Andrew) |
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Att: 1
Exhibit A (April 13, 2021 Email),
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Att: 2
Text of Proposed Order Granting Motion To Dimiss
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| 15 | 15
motion
Dismiss
Tue 06/15 7:26 PM
MOTION to Dismiss . Document filed by 6W Entertainment, Inc., Erich Bergen..(Brettler, Andrew) |
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| Monday, June 07, 2021 | ||
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order
Order on Motion to Appear Pro Hac Vice
Mon 06/07 5:16 PM
ORDER granting13 Motion for MELISSA Y. LERNER to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (msa) |
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| Thursday, June 03, 2021 | ||
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misc
Notice Regarding Pro Hac Vice Motion
Thu 06/03 8:55 AM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 13 MOTION for MELISSA Y. LERNER to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24621937. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
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| Wednesday, June 02, 2021 | ||
| 13 | 13
motion
Appear Pro Hac Vice
Wed 06/02 8:26 PM
MOTION for MELISSA Y. LERNER to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24621937. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by 6W Entertainment, Inc., Erich Bergen..(Lerner, Melissa) |
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Att: 1
Affidavit,
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Att: 2
Text of Proposed Order
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| Tuesday, June 01, 2021 | ||
| 12 | 12
order
Stipulation and Order ~Util - Set Deadlines
Tue 06/01 3:51 PM
STIPULATION AND ORDER: THEREFORE, it is hereby stipulated and agreed between counsel for the respective parties that Defendants may file a response to the Complaint on or before June 15, 2021. 6W Entertainment, Inc. answer due 6/15/2021; Erich Bergen answer due 6/15/2021. (Signed by Judge Vernon S. Broderick on 6/1/2021) (va) |
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| 11 | 11
misc
Proposed Stipulation and Order
Tue 06/01 9:10 AM
PROPOSED STIPULATION AND ORDER. Document filed by 6W Entertainment, Inc., Erich Bergen..(Brettler, Andrew) |
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| Tuesday, May 25, 2021 | ||
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order
Order on Motion to Appear Pro Hac Vice
Tue 05/25 4:19 PM
ORDER granting7 Motion for Steven A. Stein to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (msa) |
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| Monday, May 24, 2021 | ||
| 9 | 9
service
Waiver of Service Executed
Mon 05/24 4:44 PM
WAIVER OF SERVICE RETURNED EXECUTED. Document filed by MZA Events, Inc...(Moskowitz, Bennet) |
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| 8 | 8
service
Waiver of Service Executed
Mon 05/24 4:43 PM
WAIVER OF SERVICE RETURNED EXECUTED. Document filed by MZA Events, Inc...(Moskowitz, Bennet) |
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| 7 | 7
motion
Appear Pro Hac Vice
Mon 05/24 3:31 PM
MOTION for Steven A. Stein to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24580737. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by MZA Events, Inc...(Stein, Steven) |
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Att: 1
Declaration of Steven Stein In Support of Pro Hac Vice admission,
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Att: 2
Exhibit Certificate of Good Standing,
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Att: 3
Text of Proposed Order
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misc
Notice Regarding Pro Hac Vice Motion
Mon 05/24 3:48 PM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 7 MOTION for Steven A. Stein to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24580737. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
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| Thursday, May 20, 2021 | ||
| 6 | 6
misc
Rule 7.1 Corporate Disclosure Statement
Thu 05/20 2:23 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by MZA Events, Inc...(Moskowitz, Bennet) |
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| 5 | 5
notice
Notice of Appearance
Thu 05/20 12:20 PM
NOTICE OF APPEARANCE by Bennet Jerome Moskowitz on behalf of MZA Events, Inc...(Moskowitz, Bennet) |
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| Wednesday, May 19, 2021 | ||
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notice
Case Opening Initial Assignment Notice
Wed 05/19 9:34 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:https://nysd.uscourts.gov/judges/district-judges] . 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:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(jgo) |
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utility
Case Designation
Wed 05/19 9:34 AM
Magistrate Judge Stewart D. Aaron 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] . (jgo) |
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utility
Case Designated ECF
Wed 05/19 9:35 AM
Case Designated ECF. (jgo) |
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| Tuesday, May 18, 2021 | ||
| 4 | 4
service
Affidavit of Service Other
Tue 05/18 2:56 PM
AFFIDAVIT OF SERVICE of Notice of Removal, Civil Cover Sheet, Corporate Disclosure Statement served on MZA Events, Inc. on May 18, 2021. Service was accepted by Steven Stein, attorney for MZA Events, Inc.. Service was made by E-Mail. Document filed by 6W Entertainment, Inc., Erich Bergen..(Brettler, Andrew) |
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| 3 | 3
misc
Rule 7.1 Corporate Disclosure Statement
Tue 05/18 2:23 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by 6W Entertainment, Inc...(Brettler, Andrew) |
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| 2 | 2
misc
Civil Cover Sheet
Tue 05/18 2:21 PM
CIVIL COVER SHEET filed..(Brettler, Andrew) |
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| 1 | 1
notice
Notice of Removal
Tue 05/18 2:08 PM
NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 653109/2021. (Filing Fee $ 402.00, Receipt Number ANYSDC-24554788).Document filed by 6W Entertainment, Inc., Erich Bergen..(Brettler, Andrew) |
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Att: 1
17 pgs
Exhibit 1 (Summons & Complaint with Exhibit A)
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