Totin v. Bohemia Realty Group LLC et al
| New York Southern District Court | |
| Judge: | Katherine Polk Failla |
| Case #: | 1:21-cv-05416 |
| Nature of Suit | 820 Property Rights - Copyrights |
| Cause | 17:101 Copyright Infringement |
| Case Filed: | Jun 18, 2021 |
| Terminated: | Jan 27, 2022 |
| Last checked: Wednesday Dec 15, 2021 3:49 AM EST |
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Counter Claimant
Bohemia Realty Group LLC
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Represented By
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Counter Claimant
Jon Goodell
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Represented By
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Counter Claimant
Sarah Saltzberg
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Represented By
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Counter Defendant
Brian Totin
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Defendant
Bohemia Realty Group LLC
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Represented By
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Defendant
Jon Goodell
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Represented By
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Defendant
Matthew Warner Kiernan
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Defendant
Karen Paul
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Represented By
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Defendant
Sarah Saltzberg
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Represented By
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Plaintiff
Brian Totin
P.O. Box 230581
New York, NY 10023 |
Represented By
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| TERMINATED PARTIES | |
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Defendant
Chelsea Picken
Terminated: 10/29/2021
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Represented By
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Defendant
Jordan Silver
Terminated: 09/22/2021
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| Docket last updated: 05/19/2025 11:59 PM EDT |
| Monday, February 28, 2022 | ||
| 43 | 43
2
pgs
order
Order on Motion for Extension of Time
Mon 02/28 10:54 AM
MEMO ENDORSEMENT granting42 Letter Motion for Extension of Time. ENDORSEMENT: Application GRANTED. The Clerk of Court is directed to terminate the pending motion at docket entry 42. (Signed by Judge Katherine Polk Failla on 2/28/2022) (rro) |
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| Friday, February 25, 2022 | ||
| 42 | 42
motion
Extension of Time
Fri 02/25 5:07 PM
LETTER MOTION for Extension of Time addressed to Judge Katherine Polk Failla from Nicholas Loaknauth dated 2/25/22. Document filed by Brian Totin..(Loaknauth, Nicholas) |
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| Thursday, January 27, 2022 | ||
| 41 | 41
2
pgs
order
Order of Dismissal
Thu 01/27 3:36 PM
ORDER: Accordingly, it is hereby: ORDERED that this action be conditionally discontinued without prejudice and without costs; provided, however, that within thirty (30) days of the date of this Order, the parties may submit to the Court their own Stipulation of Settlement and Dismissal for the Court to So Order. Otherwise, within such time Plaintiff may apply by letter for restoration of the action to the active calendar of this Court in the event that the settlement is not consummated. Upon such application for reinstatement, the parties shall continue to be subject to the Court's jurisdiction, the Court shall promptly reinstate the action to its active docket, and the parties shall be directed to appear before the Court, without the necessity of additional process, on a date within ten (10) days of the application, to schedule remaining pretrial proceedings and/or dispositive motions, as appropriate. This Order shall be deemed a final discontinuance of the action with prejudice in the event that Plaintiff has not requested restoration of the case to the active calendar within such 30-day period. The Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and close this case. (Signed by Judge Katherine Polk Failla on 1/27/2022) (rro) |
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minutes
Settlement Conference
Thu 01/27 12:52 PM
Minute Entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Settlement Conference held on 1/27/2022 at 9:30 a.m. (rsh) |
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| Wednesday, December 22, 2021 | ||
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notice
Notice of Hearing
Wed 12/22 2:25 PM
NOTICE of Hearing: Settlement Conference set for 1/27/2022 at 9:30 AM before Magistrate Judge Robert W. Lehrburger. This conference will be conducted via Microsoft Teams. The parties are instructed to review and adhere to Judge Lehrburger's individual Settlement Conference Procedures. The parties are further instructed to submit their pre-conference submissions, along with their Attendance Acknowledgment Form (available in pdf fillable format as attachment to the Settlement Conference Procedures) no later than January 20, 2022, by 5:00 p.m.(rsh) |
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| Thursday, December 16, 2021 | ||
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minutes
Settlement Conference
Thu 12/16 2:54 PM
Minute Entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Settlement Conference held on 12/16/2021 at 9:30 a.m. (rsh) |
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| Thursday, December 09, 2021 | ||
| 39 | 39
notice
Notice of Appearance
Thu 12/09 7:43 PM
NOTICE OF APPEARANCE by Nicholas Netram Loaknauth on behalf of Brian Totin..(Loaknauth, Nicholas) |
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| Tuesday, November 16, 2021 | ||
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minutes
Telephone Conference
Tue 11/16 2:45 PM
Minute Entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Pre-Settlement Telephone Conference held on 11/16/2021 at 2:30 p.m. (rsh) |
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| Thursday, November 04, 2021 | ||
| 38 | 38
1
pgs
order
Order ~Util - Set Hearings
Thu 11/04 3:26 PM
SETTLEMENT CONFERENCE ORDER, A settlement conference before Judge Robert W. Lehrburger is hereby scheduled for December 16, 2021, at 9:30 a.m. to be conducted via Microsoft Teams. The parties are instructed to review and adhere to Judge Lehrburger's individual Settlement Conference Procedures. The parties are further instructed to submit their pre-conference submissions, along with their Attendance Acknowledgment Form (available in pdf fillable format as attachment to the Settlement Conference Procedures) no later than December 9, 2021, by 5:00 p.m. SO ORDERED. ( Settlement Conference set for 12/16/2021 at 09:30 AM before Magistrate Judge Robert W. Lehrburger.) (Signed by Magistrate Judge Robert W. Lehrburger on 11/4/21) Copies transmitted this date to all parties of record and mailed to: Brian Totin (pro se), P.O. Box 230581, New York, N.Y. 10023. (yv) Modified on 11/4/2021 (yv) |
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| 37 | 37
1
pgs
order
Order ~Util - Set Hearings
Thu 11/04 3:07 PM
TELEPHONE CONFERENCE ORDER, This case has been referred to me for settlement. A telephone conference will be held on November 16, 2021, at 2:30 p.m. in advance of a settlement conference. The parties are instructed to review and adhere to Judge Lehrburger's Individual Practices and Settlement Conference Procedures. The parties shall call the teleconference line at (888)-398-2342 and enter access code: 9543348. SO ORDERED. ( Telephone Conference set for 11/16/2021 at 02:30 PM before Magistrate Judge Robert W. Lehrburger.) (Signed by Magistrate Judge Robert W. Lehrburger on 11/4/21) (yv) |
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| Monday, November 01, 2021 | ||
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misc
Mail Order by USPS
Mon 11/01 10:05 AM
Mailed a copy of36 Order Referring Case to Magistrate Judge,35 Stipulation and Order of Voluntary Dismissal, to Brian Totin, P.O. Box 230581, New York, NY 10023.(tn) |
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| Friday, October 29, 2021 | ||
| 36 | 36
2
pgs
order
Order Referring Case to Magistrate Judge
Fri 10/29 4:46 PM
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 Robert W. Lehrburger. The parties are directed to contact the chambers of Magistrate JudgeRobert W. Lehrburger to schedule a settlement conference as soon as possible. (Signed by Judge Katherine Polk Failla on 10/29/2021) (rro) |
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| 35 | 35
order
Stipulation and Order of Voluntary Dismissal ~Util - Add and Terminate Parties
Fri 10/29 12:06 PM
STIPULATION OF VOLUNTARY DISMISSAL:IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff Brian Totin andDefendant Chelsea Picken that the above-captioned action is voluntarily dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) as against Chelsea Picken only, with each party to bear his or her own costs and attorneys' fees. This stipulation may be executed in counterparts, which, when taken together, shall constitute one original document. A signed copy of this stipulation transmitted electronically or by facsimile shall be deemed an original for all purposes. SO ORDERED. (Chelsea Picken terminated.) (Signed by Judge Katherine Polk Failla on 10/29/2021) (rro) |
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| 34 | 34
misc
Stipulation of Voluntary Dismissal
Fri 10/29 11:02 AM
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, with prejudice against the defendant(s) Chelsea Picken and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Chelsea Picken. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(Greenberg, David) |
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| 33 | 33
notice
Notice of Voluntary Dismissal
Fri 10/29 10:29 AM
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - NOTICE OF VOLUNTARY DISMISSAL, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice and without costs against the defendant(s) Chelsea Picken. Document filed by Chelsea Picken. Proposed Order to be reviewed by Clerk's Office staff. ..(Greenberg, David) Modified on 10/29/2021 (km) |
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misc
Notice to Attorney to Re-File Document - Event Type Error
Fri 10/29 10:44 AM
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney David Greenberg to RE-FILE Document 33 Notice of Voluntary Dismissal. Use the event type Other Filings, Other Documents, Stipulation of Voluntary Dismissal. The document needs to have handwritten signatures of the parties. When refiling, select that the dismissal is pursuant to Rule 41(a), your document cites to the rule. (km) |
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misc
Notice to Court Regarding Voluntary Dismissal
Fri 10/29 11:08 AM
***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. 34 Stipulation of Voluntary Dismissal was reviewed and referred to Judge Katherine Polk Failla for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (km) |
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minutes
Pretrial Conference - Initial
Fri 10/29 4:44 PM
Minute Entry for proceedings held before Judge Katherine Polk Failla: Initial Pretrial/Pre-motion Conference held on 10/29/2021. Plaintiff present. Attorney Robert Terry Parker representing Defendants Bohemia Realty Group LLC, Sarah Saltzberg, Jon Goodell, and Karen Paul present. Plaintiff's amended complaint is accepted for filing. The Court will issue a referral order for settlement purposes with the Magistrate Judge. All discovery and deadlines are STAYED pending the parties' settlement efforts with the Magistrate Judge. (Court Reporter George Malinowski) (tn) |
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| Thursday, October 21, 2021 | ||
| 32 | 32
discov
Rule 26(f) Discovery Plan Report
Thu 10/21 4:33 PM
RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Bohemia Realty Group LLC..(Parker, Robert) |
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| 31 | 31
misc
Letter
Thu 10/21 4:28 PM
LETTER addressed to Judge Katherine Polk Failla from R. Terry Parker dated 10/21/2021 re: Joint letter re Initial Pretrial Conference. Document filed by Bohemia Realty Group LLC..(Parker, Robert) |
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| Wednesday, October 06, 2021 | ||
| 30 | 30
answer
Answer to Amended Complaint
Wed 10/06 3:19 PM
ANSWER to22 Amended Complaint. Document filed by Karen Paul..(Parker, Robert) |
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| 29 | 29
notice
Notice of Appearance
Wed 10/06 3:16 PM
NOTICE OF APPEARANCE by Robert Terry Parker on behalf of Karen Paul..(Parker, Robert) |
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| Friday, October 01, 2021 | ||
| 28 | 28
order
Memo Endorsement ~Util - Set Deadlines/Hearings
Fri 10/01 1:40 PM
MEMO ENDORSEMENT on re:27 Letter filed by Brian Totin. ENDORSEMENT: Application GRANTED. The Court has reviewed the parties' submissions in connection with Plaintiff's contemplated motion to dismiss Defendants' counterlcaims. (Dkt. #23, 26, 27). The Court wishes to convene a pre-motion conference to discuss this motion. Accordingly, the initial pretrial conference scheduled for October 29,2021, at 3:30 p.m. (see Dkt. #17), shall be converted into a pre-motion conference to discuss Plaintiff's anticipated motion. The conference will be held telephonically, with the dial-in information as follows: At 3:30 p.m the parties shall call (888) 363-4749 and enter access code 5123533. Please note, the conference will not be available prior to 3:30 p.m. The Clerk of Court is directed to mail a copy of this endorsement to Plaintiff at his address of record. (Telephone Conference set for 10/29/2021 at 03:30 PM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 10/1/2021) (rro) |
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misc
Mail Order by USPS
Fri 10/01 2:45 PM
Mailed a copy of28 Memo Endorsement, Set Deadlines/Hearings, to Brian Totin, P.O. Box 230581, New York, NY 10023. (dsh) |
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| Sunday, September 26, 2021 | ||
| 27 | 27
misc
Letter
Mon 09/27 9:32 AM
LETTER addressed to Judge Katherine Polk Failla from B. Totin, dated 9/26/21 re: The plaintiff writes in response to two issues Defendants Bohemia Realty Group, Sara Saltzberg and John Goddell cross-raised in their 9/24/21 letter to the Court (Dkt #26)etc. The BRG Defendants' allegations and purported defenses that raise the issue of potential disqualification are interrelated with the two potential motions and needed to be raised simultaneously. To minimize expense, avoid inconvenience and needlessly expend judicial resources, the Court may desire to rule on this issue prior to the BRG Defendants filing an Answer t the mended Complaint. Document filed by Brian Totin.(sc) |
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| Friday, September 24, 2021 | ||
| 26 | 26
misc
Letter
Fri 09/24 4:23 PM
LETTER addressed to Judge Katherine Polk Failla from R. Terry Parker dated 09/24/2021 re: response to letter filed by pro se plaintiff. Document filed by Bohemia Realty Group LLC, Jon Goodell, Sarah Saltzberg..(Parker, Robert) |
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| Thursday, September 23, 2021 | ||
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misc
Mail Order by USPS
Thu 09/23 1:36 PM
Mailed a copy of25 Stipulation and Order of Voluntary Dismissal,17 Order for Initial Pretrial Conference, to Brian Totin P.O. Box 230581 New York, NY 10023. (tn) |
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| Wednesday, September 22, 2021 | ||
| 25 | 25
order
Stipulation and Order of Voluntary Dismissal ~Util - Add and Terminate Parties
Wed 09/22 11:44 AM
STIPULATED DISMISSAL WITH PREJUDICE:Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), Plaintiff Brian Totin and Defendant Jordan Silver hereby agree to entry of an Order dismissing all claims in this action against Defendant Jordan Silver with prejudice. Each party agrees to bear its own costs and fees. SO ORDERED. (Jordan Silver terminated.) (Signed by Judge Katherine Polk Failla on 9/22/2021) (rro) |
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| Tuesday, September 21, 2021 | ||
| 24 | 24
misc
Proposed Stipulation and Order
Tue 09/21 4:06 PM
PROPOSED STIPULATION AND ORDER. Document filed by Jordan Silver, Brian Totin. (jca) |
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| 23 | 23
misc
Letter
Tue 09/21 4:05 PM
LETTER addressed to Judge Katherine Polk Failla from Brian Totin dated 9/21/2021 re: The Plaintiff respectfully submits this letter requesting a pre-motion conference concerning the Plaintiffs proposed motion to 1) dismiss the counterclaims (dockets 20, 21) of Defendants Bohemia Realty Group, Sara Saltzberg and John Goddell (collectively the BRG Defendants) with prejudice 2) strike the BRG Defendants answers and counterclaims (dockets 20, 21) from the record, and 3) disqualify R. Terry Parker as counsel for the BRG Defendants. Document filed by Brian Totin..(jca) |
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| 22 | 22
cmp
Amended Complaint
Tue 09/21 4:02 PM
AMENDED COMPLAINT amending1 Complaint against Bohemia Realty Group LLC, Jon Goodell, Matthew Warner Kiernan, Karen Paul, Chelsea Picken, Sarah Saltzberg with JURY DEMAND.Document filed by Brian Totin. Related document:1 Complaint.(jca) |
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| Thursday, September 09, 2021 | ||
| 21 | 21
cmp
Counterclaim Amended Answer to Complaints
Thu 09/09 11:07 AM
AMENDED ANSWER to1 Complaint with JURY DEMAND., COUNTERCLAIM against Brian Totin. Document filed by Sarah Saltzberg, Bohemia Realty Group LLC, Jon Goodell..(Parker, Robert) |
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Att: 1
Exhibit A- Independent Salesperson Agreements,
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Att: 2
Exhibit B- Totin's June 26, 2018 Correspondence,
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Att: 3
Exhibit C- Settlement and Release Agreement,
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Att: 4
Exhibit D- Agent Manual
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| Wednesday, August 25, 2021 | ||
| 20 | 20
answer
Answer to Complaint Counterclaim
Wed 08/25 5:00 PM
ANSWER to1 Complaint with JURY DEMAND., COUNTERCLAIM against Brian Totin. Document filed by Sarah Saltzberg, Bohemia Realty Group LLC, Jon Goodell..(Parker, Robert) |
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Att: 1
Exhibit A- Independent Salesperson Agreements,
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Att: 2
Exhibit B- Totins June 26, 2018 Correspondence,
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Att: 3
Exhibit C- Settlement and Release Agreement,
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Att: 4
Exhibit D- Agent Manual
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| 19 | 19
notice
Notice of Appearance
Wed 08/25 4:56 PM
NOTICE OF APPEARANCE by Robert Terry Parker on behalf of Bohemia Realty Group LLC, Jon Goodell, Sarah Saltzberg..(Parker, Robert) |
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| Tuesday, August 17, 2021 | ||
| 18 | 18
answer
Answer to Complaint
Tue 08/17 5:35 PM
ANSWER to1 Complaint. Document filed by Chelsea Picken..(Greenberg, David) |
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| 17 | 17
3
pgs
order
Order for Initial Pretrial Conference
Tue 08/17 1:27 PM
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Pretrial Conference by telephone set for 10/29/2021 at 03:30 PM before Judge Katherine Polk Failla. At the scheduled date and time, the parties are to call (888) 363-4749 and enter access code 5123533. SO ORDERED. (Signed by Judge Katherine Polk Failla on 8/17/2021) (vfr) |
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| Monday, July 26, 2021 | ||
| 10 | 10
service
Affidavit of Service Complaints
Tue 07/27 10:40 AM
AFFIDAVIT OF SERVICE of Summons and Complaint. Jordan Silver; served on 7/20/2021, answer due 8/10/2021. Service was accepted by Marvin Betances. Document filed by Brian Totin. (sc) |
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| Monday, July 12, 2021 | ||
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notice
Notice of Case Assignment/Reassignment
Mon 07/12 11:03 AM
NOTICE OF CASE REASSIGNMENT to Judge Katherine Polk Failla. Judge Unassigned is no longer assigned to the case..(wb) |
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utility
Case Designation
Mon 07/12 11:03 AM
Magistrate Judge Robert W. Lehrburger 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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| Friday, July 02, 2021 | ||
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service
Summons Issued
Fri 07/02 1:20 PM
SUMMONS ISSUED as to Bohemia Realty Group LLC. (dsh) |
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service
Summons Issued
Fri 07/02 1:22 PM
SUMMONS ISSUED as to Sarah Saltzberg. (dsh) |
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service
Summons Issued
Fri 07/02 1:22 PM
SUMMONS ISSUED as to Jon Goodell. (dsh) |
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service
Summons Issued
Fri 07/02 1:23 PM
SUMMONS ISSUED as to Karen Paul. (dsh) |
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service
Summons Issued
Fri 07/02 1:24 PM
SUMMONS ISSUED as to Chelsea Picken. (dsh) |
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service
Summons Issued
Fri 07/02 1:25 PM
SUMMONS ISSUED as to Jordan Silver. (dsh) |
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service
Summons Issued
Fri 07/02 1:26 PM
SUMMONS ISSUED as to Matthew Warner Kiernan. (dsh) |
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| Monday, June 28, 2021 | ||
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misc
Pro Se Payment of Fee - Processed
Mon 06/28 8:50 AM
Pro Se Payment of Fee Processed: $402.00 Check processed by the Finance Department on 06/25/2021, Receipt Number 465401281872. (bwi) |
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| Friday, June 18, 2021 | ||
| 8 | 8
service
Request for Issuance of Summons
Mon 06/21 11:59 AM
REQUEST FOR ISSUANCE OF SUMMONS as to Jordan Silver, re:1 Complaint. Document filed by Brian Totin..(rdz) |
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| 7 | 7
service
Request for Issuance of Summons
Mon 06/21 11:57 AM
REQUEST FOR ISSUANCE OF SUMMONS as to Sarah Saltzberg, re:1 Complaint. Document filed by Brian Totin..(rdz) |
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| 6 | 6
service
Request for Issuance of Summons
Mon 06/21 11:55 AM
REQUEST FOR ISSUANCE OF SUMMONS as to Chelsea Picken, re:1 Complaint. Document filed by Brian Totin..(rdz) |
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| 5 | 5
service
Request for Issuance of Summons
Mon 06/21 11:53 AM
REQUEST FOR ISSUANCE OF SUMMONS as to Karen Paul, re:1 Complaint. Document filed by Brian Totin..(rdz) |
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| 4 | 4
service
Request for Issuance of Summons
Mon 06/21 11:51 AM
REQUEST FOR ISSUANCE OF SUMMONS as to Matthew Warner Kiernan, re:1 Complaint. Document filed by Brian Totin..(rdz) |
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| 3 | 3
service
Request for Issuance of Summons
Mon 06/21 11:50 AM
REQUEST FOR ISSUANCE OF SUMMONS as to Jon Goodell, re:1 Complaint. Document filed by Brian Totin..(rdz) |
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| 2 | 2
service
Request for Issuance of Summons
Mon 06/21 11:49 AM
REQUEST FOR ISSUANCE OF SUMMONS as to Bohemia Realty Group LLC, re:1 Complaint. Document filed by Brian Totin..(rdz) |
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| 1 | 1
cmp
Complaint
Mon 06/21 11:36 AM
COMPLAINT against Bohemia Realty Group LLC, Jon Goodell, Matthew Warner Kiernan, Karen Paul, Chelsea Picken, Sarah Saltzberg, Jordan Silver. Document filed by Brian Totin..(rdz) |
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utility
Case Designated ECF
Mon 06/21 11:42 AM
Case Designated ECF. (rdz) |
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