Connick et al v. American Academy McAllister Institute of Funeral Services, Inc.
New York Southern District Court | |
Judge: | Jesse M Furman |
Case #: | 1:21-cv-05222 |
Nature of Suit | 190 Contract - Other Contract |
Cause | 28:1332oc Diversity-Other Contract |
Case Filed: | Jun 11, 2021 |
Terminated: | May 09, 2022 |
Last checked: Wednesday Dec 08, 2021 3:47 AM EST |
Counter Claimant
American Academy McAllister Institute of Funeral Services, Inc.
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Represented By
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Counter Defendant
George Connick
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Represented By
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Counter Defendant
Pamela S. MacBrayne
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Represented By
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Defendant
American Academy McAllister Institute of Funeral Services, Inc.
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Represented By
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Plaintiff
George Connick
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Represented By
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Plaintiff
Pamela S. MacBrayne
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Represented By
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Docket last updated: 2 hours ago |
Monday, May 09, 2022 | ||
43 | 43
![]() ORDER OF DISMISSAL... It is ORDERED that the above-entitled action be and is hereby DISMISSED and discontinued without costs, and without prejudice to the right to reopen the action within sixty days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed by the aforementioned deadline; any application to reopen filed thereafter may be denied solely on that basis. Further, requests to extend the deadline to reopen are unlikely to be granted. If the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court by the deadline to reopen to be "so ordered" by the Court. Per Paragraph 4(B) of the Court's Individual Rules and Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. Any pending motions are moot. All conferences are canceled. The Clerk of Court is directed to close the case. SO ORDERED. (Signed by Judge Jesse M. Furman on 5/9/22) (yv) |
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Wednesday, May 04, 2022 | ||
minutes
Settlement Conference
Mon 05/09 1:07 PM
Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Settlement Conference held on 5/4/2022. (tk) |
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Tuesday, May 03, 2022 | ||
42 | 42
![]() ORDER, As stated on the record during the teleconference held earlier today: Defendant shall produce the discovery ordered by the Court by May 9, 2022; Defendant shall file any motion for summary judgment by no later than June 8, 2022; Plaintiffs shall file their combined cross-motion and opposition of no more than 25 pages by July 8, 2022; Defendant shall file its combined opposition and reply of no more than 25 pages by August 5, 2022; and Plaintiffs shall file their reply of no more than 10 pages by August 12, 2022. SO ORDERED. ( Cross Motions due by 7/8/2022., Discovery due by 5/9/2022., Motions due by 6/8/2022., Responses due by 8/5/2022, Replies due by 8/12/2022.) (Signed by Judge Jesse M. Furman on 5/2/22) (yv) |
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Monday, May 02, 2022 | ||
minutes
Pretrial Conference - Interim
Mon 05/09 12:30 PM
Minute Entry for proceedings held before Judge Jesse M. Furman: Pretrial Conference held via teleconference on 5/2/2022. Corey Stark present for Plaintiffs. Matthew Yogg present for Defendant. Court reporter present. (ab) |
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Friday, April 29, 2022 | ||
41 | 41
![]() JOINT LETTER addressed to Judge Jesse M. Furman from Corey Stark and Matthew R. Yogg dated April 29, 2022 re: status letter. Document filed by George Connick, Pamela S. MacBrayne..(Stark, Corey) |
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Wednesday, April 27, 2022 | ||
40 | 40
![]() ORDER granting38 Letter Motion for Discovery. The parties should be prepared to address Plaintiffs' motion to compel discovery, ECF No. 38, at the pretrial conference scheduled for May 2, 2022, which is MOVED to 4:00 p.m. and will be held remotely by telephone in accordance with Rule 2(B) of the Court's Individual Rules and Practices in Civil Cases, available at https://nysd.uscourts.gov/hon-jesse-m-furman. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. (Members of the public and press may also attend using the same dial-in information; they will not be allowed to speak during the conference.) Counsel should review and comply with the rules regarding teleconferences in the Court's Individual Rules and Practices in Civil Cases, including Rule 2(B)(i), which requires the parties, no later than 24 hours before the conference, to send a joint email to the Court with a list of counsel who may speak during the teleconference and the telephone numbers from which counsel expect to join the call. The Clerk of Court is directed to terminate ECF No. 38. SO ORDERED. (Signed by Judge Jesse M. Furman on 4/27/2022) (va) |
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Tuesday, April 26, 2022 | ||
39 | 39
![]() LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from Matthew R. Yogg dated April 26, 2022 re:36 LETTER MOTION for Leave to File leave to move to compel discovery addressed to Judge Jesse M. Furman from Corey Stark dated April 25, 2022. . Document filed by American Academy McAllister Institute of Funeral Services, Inc...(Yogg, Matthew) |
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38 | 38
![]() LETTER MOTION for Discovery addressed to Judge Jesse M. Furman from Corey Stark dated April 26, 2022. Document filed by George Connick, Pamela S. MacBrayne..(Stark, Corey) |
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Monday, April 25, 2022 | ||
36 | 36
![]() LETTER MOTION for Leave to File leave to move to compel discovery addressed to Judge Jesse M. Furman from Corey Stark dated April 25, 2022. Document filed by George Connick, Pamela S. MacBrayne..(Stark, Corey) |
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35 | 35
![]() ORDER. In light of the circumstances surrounding COVID-19, the Court will not hold the upcoming conference in this case in person. Counsel should submit their joint status letter on ECF no later than the Thursday prior to the conference, the contents of which are described in the Case Management Plan and Scheduling Order. See ECF No. 19. In their joint letter, the parties should also indicate whether they can do without a conference altogether. Unless and until the Court orders otherwise, all existing dates and deadlines including, as appropriate, the deadlines for summary judgment motions and/or a proposed joint pretrial order, as set forth in the Case Management Plan and Scheduling Order remain in effect. SO ORDERED. (Signed by Judge Jesse M. Furman on 4/25/22) (yv) |
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order
Order on Motion for Leave to File Document
Mon 04/25 6:38 PM
ORDER denying without prejudice36 Letter Motion. The Court's Rules call for a letter-motion, not to exceed three pages, "explaining the nature of the dispute." Plaintiffs' letter-motion does not suffice as it states little more than the fact that there are requests that Defendant has not satisfied. By 5 p.m. TOMORROW, Plaintiffs shall file any new letter-motion, detailing the nature of the requests and attaching as exhibits any relevant documents, including the requests themselves, any relevant responses from Defendants, and the April 23, 2022 deficiency letter. In accordance with the Court's Rules, Defendant shall file any response by Friday, April 29, 2022, at 5 p.m. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) |
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Wednesday, April 06, 2022 | ||
34 | 34
![]() ORDER SCHEDULING SETTLEMENT CONFERENCE: A settlement conference is scheduled before Magistrate Judge Barbara Moses on May 4, 2022, at 2:15 p.m., in Courtroom 20A of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY 10007. This is an in-person proceeding. Counsel and parties are advised to consult the Chief Judge's current entry protocols, available at https://nysd.uscourts.gov/covid-19-coronavirus, in advance of the conference. THE PARTIES ARE DIRECTED TO READ THIS ENTIRE ORDER CAREFULLY. FAILURE TO COMPLY WITH PRE-CONFERENCE RESPONSIBILITIES MAY RESULT IN SANCTIONS. Settlement Conference set for 5/4/2022 at 02:15 PM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses. (Signed by Magistrate Judge Barbara C. Moses on 4/6/2022) (rro) |
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Friday, March 25, 2022 | ||
33 | 33
![]() ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Barbara C. Moses. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/25/22) (yv) |
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32 | 32
![]() MEMO ENDORSEMENT on re:31 Letter joint status report filed by Pamela S. MacBrayne, George Connick. ENDORSEMENT: The fact discovery deadline is hereby extended to April 25, 2022. No further extensions are likely to be granted. Per the Case Management Plan, the parties must file a letter motion before that date if they believe that expert discovery is warranted. In light of the extension, the pretrial conference scheduled for March 28, 2022, is ADJOURNED to May 2, 2022, at 2:45 p.m. Per the Case Management Plan, the parties shall file a joint status letter by the Thursday prior to that conference (and all other conferences). SO ORDERED., ( Fact Discovery due by 4/25/2022., Pretrial Conference set for 5/2/2022 at 02:45 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 3/25/22) (yv) |
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Thursday, March 24, 2022 | ||
31 | 31
![]() LETTER addressed to Judge Jesse M. Furman from Corey Stark and Matthew R. Yogg dated March 24, 2022 re: joint status report. Document filed by George Connick, Pamela S. MacBrayne..(Stark, Corey) |
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Monday, March 21, 2022 | ||
30 | 30
![]() ORDER. In light of the circumstances surrounding COVID-19, the Court will not hold the upcoming conference in this case in person. Counsel should submit their joint status letter on ECF no later than the Thursday prior to the conference, the contents of which are described in the Case Management Plan and Scheduling Order. See ECF No. 19. In their joint letter, the parties should also indicate whether they can do without a conference altogether. Unless and until the Court orders otherwise, all existing dates and deadlines including, as appropriate, the deadlines for summary judgment motions and/or a proposed joint pretrial order, as set forth in the Case Management Plan and Scheduling Order remain in effect. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/21/22) (yv) |
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Wednesday, January 19, 2022 | ||
29 | 29
![]() ORDER granting28 Letter Motion for Extension of Time to Complete Discovery. Application GRANTED. The pretrial conference is rescheduled for March 28, 2022 at 3:30 pm. The Clerk of Court is directed to terminate ECF No. 28. SO ORDERED.. (Signed by Judge Jesse M. Furman on 1/19/2022) (kv) |
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utility
Set/Reset Hearings Set/Reset Deadlines
Wed 01/19 11:25 AM
Set/Reset Hearings:( Pretrial Conference set for 3/28/2022 at 03:30 PM before Judge Jesse M. Furman.), Set/Reset Deadlines: ( Fact Discovery due by 3/25/2022.) (kv) |
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Tuesday, January 18, 2022 | ||
28 | 28
![]() FIRST LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Jesse M. Furman from Matthew R. Yogg, Esq. dated January 18, 2022. Document filed by American Academy McAllister Institute of Funeral Services, Inc...(Yogg, Matthew) |
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Tuesday, November 23, 2021 | ||
adr
Mediation Conference Scheduled
Tue 11/23 9:34 AM
FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 12/17/2021 at 10:00 AM in telephone or video conference. (sb) |
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Wednesday, October 13, 2021 | ||
26 | 26
![]() CONFIDENTIALITY STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...This stipulation binds the parties to treat as confidential the documents so classified. This Court, however, has not reviewed the documents referenced herein; therefore, by so ordering this stipulation, the Court makes no finding as to whether the documents are confidential. That finding will be made, if ever, upon a document-by-document review pursuant to the procedures set forth in the Court's Individual Rules and Practices and subject to the presumption in favor of public access to "judicial documents." See generally Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir.2006). To that end, the Court does not "so order" any provision to the extent that it purports to authorize the parties to file documents under seal without a prior court order. See New York ex rel. Khurana v. Spherion Corp., No. 15-CV-6605 (JMF), 2019 WL 3294170 (S.D.N.Y. July 19, 2019). So Ordered. (Signed by Judge Jesse M. Furman on 10/12/21) (yv) |
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Monday, October 11, 2021 | ||
25 | 25
![]() PROPOSED STIPULATION AND ORDER. Document filed by American Academy McAllister Institute of Funeral Services, Inc...(Yogg, Matthew) |
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24 | 24
![]() ANSWER to23 Amended Complaint, with JURY DEMAND., COUNTERCLAIM against George Connick, Pamela S. MacBrayne. Document filed by American Academy McAllister Institute of Funeral Services, Inc...(Yogg, Matthew) |
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Monday, October 04, 2021 | ||
21 | 21
![]() JOINT LETTER addressed to Judge Jesse M. Furman from Corey Stark and Matthew R. Yogg dated October 4, 2021 re: next steps with respect to the amount-in-controversy requirement. Document filed by George Connick, Pamela S. MacBrayne..(Stark, Corey) |
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Thursday, September 30, 2021 | ||
adr
Notice of Mediator Assignment
Thu 09/30 9:29 AM
NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 11/1/2021.(ah) |
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Monday, September 27, 2021 | ||
20 | 20
![]() MEDIATION REFERRAL ORDER: It is hereby ORDERED that this case is referred for mediation to the Court-annexed Mediation Program. The parties are hereby 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. 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 10/7/2021. (Signed by Judge Jesse M. Furman on 9/27/21) (yv) |
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19 | 19
![]() CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. § 636(c). The parties are free to withhold consent without adverse substantive consequences. Motions due by 10/27/2021. Fact Discovery due by 1/25/2022. This case is to be tried to a jury. Counsel for the parties have conferred, and the present best estimate of the length of trial is six days. Pretrial Conference set for 2/1/2022 at 04:30 PM before Judge Jesse M. Furman. As discussed on the record at the initial pretrial conference held earlier today, there will be no expert discovery in this case unless and until the Court orders otherwise. By separate Order to be entered today, the Court is referring this case to the Court-annexed mediation program. The parties shall file a joint letter with proposed next steps with respect to the amount-in-controversy requirement no later than October 4, 2021. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/27/21) (yv) |
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minutes
Pretrial Conference - Initial
Wed 10/06 11:36 AM
Minute Entry for proceedings held before Judge Jesse M. Furman: Initial Pretrial Conference held via teleconference on 9/27/2021. Corey Stark present for Plaintiffs. Matthew Yogg present for Defendant. Court reporter present. (ab) |
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Friday, September 24, 2021 | ||
18 | 18
![]() ORDER: The conference scheduled for September 27, 2021, at 2:30 p.m., will be held remotely by telephone in accordance with Rule 2(B) of the Courts Individual Rules and Practices in Civil Cases, available at https://nysd.uscourts.gov/hon-jesse-m-furman. The parties should join the conference by calling the Courts dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. (Members of the public and press may also attend using the same dial-in information; they will not be allowed to speak during the conference.) Counsel should review and comply with the rules regarding teleconferences in the Courts Individual Rules and Practices in Civil Cases, including Rule 2(B)(i), which requires the parties, no later than 24 hours before the conference, to send a joint email to the Court with a list of counsel who may speak during the teleconference and the telephone numbers from which counsel expect to join the call. At the conference, counsel should be prepared to address whether the amount in controversy in this action exceeds $75,000, as required. See 28 U.S.C. § 1332(a). Counsel should also be prepared to explain their position, indicated in paragraph 8(c) of their proposed Case Management Plan, that there is a need for expert discovery. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/24/2021) (tg) |
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Thursday, September 23, 2021 | ||
17 | 17
![]() JOINT LETTER addressed to Judge Jesse M. Furman from Corey Stark and Matthew R. Yogg dated September 23, 2021 re: Joint Letter and Proposed Case Management Plan. Document filed by George Connick, Pamela S. MacBrayne..(Stark, Corey) |
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Monday, September 20, 2021 | ||
16 | 16
![]() ORDER: In light of the COVID-19 situation, the Court will not hold the upcoming conference in this case in person. Counsel should submit their proposed case management plan and joint letter by the Thursday prior to the conference, as directed in the Court's earlier Scheduling Order. In their joint letter, the parties should also indicate whether they can do without a conference altogether. If so, the Court may enter a case management plan and scheduling order and the parties need not appear. If not, the Court will hold the initial conference by telephone, albeit perhaps at a different time. To that end, counsel should indicate in their joint letter dates and times during the week of the conference that they would be available for a telephone conference. In either case, counsel should review and comply with the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://nysd.uscourts.gov/hon-jesse-m-furman. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/20/2021) (ama) |
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Friday, September 17, 2021 | ||
15 | 15
![]() ANSWER to14 Counterclaim. Document filed by George Connick, Pamela S. MacBrayne..(Stark, Corey) |
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Friday, August 27, 2021 | ||
14 | 14
![]() ANSWER to12 Amended Complaint with JURY DEMAND., COUNTERCLAIM against George Connick, Pamela S. MacBrayne. Document filed by American Academy McAllister Institute of Funeral Services, Inc...(Yogg, Matthew) |
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13 | 13
![]() RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American Academy McAllister Institute of Funeral Services, Inc...(Yogg, Matthew) |
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Friday, June 25, 2021 | ||
6 | 6
![]() WAIVER OF SERVICE RETURNED EXECUTED. American Academy McAllister Institute of Funeral Services, Inc. waiver sent on 6/15/2021, answer due 8/16/2021. Document filed by George Connick; Pamela S. MacBrayne..(Stark, Corey) |
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Monday, June 14, 2021 | ||
5 | 5
![]() NOTICE OF INITIAL PRETRIAL CONFERENCE: It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on August 31, 2021, at 3:30 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. All counsel are required to register promptly as filing users on ECF and to familiarize themselves with the SDNY ECF Rules & Instructions, which are available at https://www.nysd.uscourts.gov/electronic-case-filing. All counsel must also familiarize themselves with the Court's Individual Rules, which are available at https://www.nysd.uscourts.gov/hon-jesse-m-furman. Absent leave of Court obtained by letter-motion filed before the conference, all pretrial conferences must be attended by the attorney who will serve as principal trial counsel. Counsel are directed to confer with each other prior to the conference regarding settlement and each of the other subjects to be considered at a Federal Rule of Civil Procedure 16 conference. Additionally, in accordance with Paragraph 2.B of the Court's Individual Rules and Practices, the parties are hereby ORDERED to file on ECF a joint letter, described below, as well as a proposed Civil Case Management Plan and Scheduling Order attached as an exhibit to the joint letter, no later than Thursday of the week prior to the initial pretrial conference. The parties shall use this Court's form Proposed Civil Case Management Plan and Scheduling Order, which is also available at https://www.nysd.uscourts.gov/hon-jesse-m-furman. Any open legal issues can be addressed at the conference. And as set forth herein. Counsel who have entered a notice of appearance as of the issuance of this order are directed (1) to notify counsel for all other parties in this action who have not yet appeared by serving upon each of them a copy of this order and the Court's Individual Rules and Practices forthwith, and (2) to file proof of such notice with the Court. If unaware of the identity of counsel for any of the parties, counsel receiving this order must forthwith send a copy of this order and the Court's Individual Rules and Practices to that party personally. SO ORDERED. Initial Conference set for 8/31/2021 at 03:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 6/14/2021) (ama) |
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4 | 4
![]() ELECTRONIC SUMMONS ISSUED as to American Academy McAllister Institute of Funeral Services, Inc...(pc) |
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misc
Notice to Attorney Regarding Case Opening Statistical Error Correction
Mon 06/14 12:07 PM
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Corey Scott Stark. The following case opening statistical information was erroneously selected/entered: County code Albany; Fee Status code due (due);. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid);. (pc) |
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notice
Case Opening Initial Assignment Notice
Mon 06/14 12:08 PM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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] ..(pc) |
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utility
Case Designation
Mon 06/14 12:09 PM
Magistrate Judge Barbara C. Moses 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] . (pc) |
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utility
Case Designated ECF
Mon 06/14 12:09 PM
Case Designated ECF. (pc) |
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Friday, June 11, 2021 | ||
3 | 3
![]() CIVIL COVER SHEET filed..(Stark, Corey) |
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2 | 2
![]() REQUEST FOR ISSUANCE OF SUMMONS as to American Academy McAllister Institute of Funeral Services, Inc., re:1 Complaint. Document filed by George Connick, Pamela S. MacBrayne..(Stark, Corey) |
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1 | 1
![]() COMPLAINT against American Academy McAllister Institute of Funeral Services, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-24664215)Document filed by George Connick, Pamela S. MacBrayne..(Stark, Corey) |