Ware v. Eastern Wholesale Fence LLC
| New York Eastern District Court | |
| Judge: | Gary R Brown |
| Referred: | Arlene R Lindsay |
| Case #: | 2:21-cv-03759 |
| Nature of Suit | 442 Civil Rights - Employment |
| Cause | 28:1331 Fed. Question |
| Case Filed: | Jul 02, 2021 |
| Terminated: | Feb 06, 2023 |
| Last checked: Wednesday Dec 29, 2021 4:02 AM EST |
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Defendant
Eastern Wholesale Fence LLC
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Represented By
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Plaintiff
Gary Ware
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Represented By
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| Docket last updated: 05/05/2025 11:59 PM EDT |
| Wednesday, March 08, 2023 | ||
| 35 | 35
misc
Stipulation of Dismissal
Wed 03/08 10:56 AM
STIPULATION of Dismissal with Prejudice by Eastern Wholesale Fence LLC (Guttell, Adam) |
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| Monday, February 06, 2023 | ||
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order
Scheduling Order
Mon 02/06 9:10 AM
SCHEDULING ORDER: In light of the anticipated settlement of this matter, the scheduling order is modified as follows: All discovery, inclusive of expert discovery, to be concluded by March 30, 2023. Any party planning on making a dispositive motion must take the first step in the motion process by April 13, 2023. The March 23, 2023 final conference is adjourned to May 11, 2023 at 11:00 a.m. The parties are to electronically file a joint proposed pretrial order in compliance with the district judge's individual rules, signed by counsel for each party, not later than May 9, 2023. Ordered by Magistrate Judge Arlene R. Lindsay on 2/6/2023. (BJ) |
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order
Order Dismissing Case
Mon 02/06 9:24 AM
ORDER DISMISSING CASE: In light of the settlement in principle this case is hereby DISMISSED without prejudice to its reinstatement should the settlement not be consummated. Barring any further requests for an extension within 90 days of this order, this dismissal shall deemed with prejudiceOrdered by Judge Gary R. Brown on 2/6/2023. (KM) |
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| Friday, February 03, 2023 | ||
| 34 | 34
notice
Notice of Settlement
Fri 02/03 2:28 PM
NOTICE of Settlement (and request to adjourn all deadlines, sine die) by Eastern Wholesale Fence LLC (Guttell, Adam) |
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| Monday, November 07, 2022 | ||
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order
Order on Motion for Extension of Time to Complete Discovery
Mon 11/07 9:54 AM
ORDER granting33 Motion for Extension of Time to Complete Discovery. The scheduling order is modified as follows: All discovery, inclusive of expert discovery, to be concluded by February 23, 2023. Any party planning on making a dispositive motion must take the first step in the motion process by March 3, 2023. The February 23, 20232 final conference is adjourned to March 23, 2023 at 11:30 a.m. The parties are to electronically file a joint proposed pretrial order in compliance with the district judge's individual rules, signed by counsel for each party, not later than March 20, 2023. Ordered by Magistrate Judge Arlene R. Lindsay on 11/7/2022. (BJ) |
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| Friday, November 04, 2022 | ||
| 33 | 33
motion
Extension of Time to Complete Discovery
Fri 11/04 8:51 AM
Letter MOTION for Extension of Time to Complete Discovery by Eastern Wholesale Fence LLC. (Guttell, Adam) |
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| Wednesday, November 02, 2022 | ||
| 32 | 32
22
pgs
answer
Answer to Amended Complaint
Wed 11/02 3:51 PM
ANSWER to27 Amended Complaint,,,, by Eastern Wholesale Fence LLC. (Guttell, Adam) |
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| Friday, October 28, 2022 | ||
| 31 | 31
misc
Letter
Fri 10/28 9:15 AM
Letter Linked to DKT no. 28 by Eastern Wholesale Fence LLC (Guttell, Adam) |
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| Wednesday, October 26, 2022 | ||
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order
Order on Motion for Extension of Time to Answer
Wed 10/26 11:14 AM
ORDER granting30 Motion for Extension of Time to Answer. The time for Eastern Wholesale Fence LLC to answer, move against or otherwise respond to the Amended Complaint is extended until November 2, 2022. Ordered by Magistrate Judge Arlene R. Lindsay on 10/26/2022. (BJ) |
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| Tuesday, October 25, 2022 | ||
| 30 | 30
motion
Extension of Time to File Answer
Tue 10/25 3:05 PM
Proposed MOTION for Extension of Time to File Answer re27 Amended Complaint,,,, by Eastern Wholesale Fence LLC. (Bodansky, Brian) |
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| Friday, October 21, 2022 | ||
| 29 | 29
notice
Notice of Appearance
Fri 10/21 4:01 PM
NOTICE of Appearance by Brian Bodansky on behalf of Eastern Wholesale Fence LLC (aty to be noticed) (Bodansky, Brian) |
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| Wednesday, October 19, 2022 | ||
| 28 | 28
6
pgs
order
Order on Motion for Discovery
Wed 10/19 11:42 AM
ORDER re22 : See the attached Order for details. Ordered by Magistrate Judge Arlene R. Lindsay on 10/19/2022. c/ecf (RI) |
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| Monday, September 26, 2022 | ||
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order
Order to Answer
Mon 09/26 2:57 PM
ORDER: The26 Stipulation is approved. The time for by Gary Ware Eastern Wholesale Fence LLC to answer, move or otherwise respond to the complaint is extended to October 25, 2022. Ordered by Magistrate Judge Arlene R. Lindsay on 9/26/2022. c/ecf (Imrie, Robert) |
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| Saturday, September 24, 2022 | ||
| 27 | 27
cmp
Amended Complaint
Sat 09/24 10:13 AM
AMENDED COMPLAINT under FRCP 15(a)(2) [see Stipulation at Dkt. 26] against Eastern Wholesale Fence LLC, filed by Gary Ware. (Lucas, Scott) |
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Att: 1
Exhibit Wesnofskes Jan. 21, 2021 email to Ware,
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Att: 2
Exhibit Wesnofske and CEOs Jan. 17, 2021 email exchange,
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Att: 3
Exhibit Wesnofskes Jan. 31, 2021 email to CEO,
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Att: 4
Exhibit CEOs Feb. 15, 2021 email to LaBarre and Willson,
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Att: 5
Exhibit Wesnofskes notes prepared at some point in time,
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Att: 6
Exhibit Wesnofskes Feb. 9, 2021 email to HR Director,
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Att: 7
Exhibit CEOs Feb. 27, 2021 email to Wesnofske,
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Att: 8
Exhibit Wares Feb. 16, 2021 email to Ticker,
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Att: 9
Exhibit Wesnofskes Feb. 27, 2021 email to HR Director,
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Att: 10
Exhibit Wesnofskes Feb. 28, 2021 email to CEO,
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Att: 11
Exhibit Wesnofskes March 1, 2021 email to CEO,
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Att: 12
Exhibit CEOs March 1, 2021 email to Wesnofske,
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Att: 13
Exhibit Wesnofskes March 6, 2021 email to CEO,
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Att: 14
Exhibit CEOs March 9, 2021 email to Wesnofske and HR Director,
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Att: 15
Exhibit Wesnofskes March 24, 2021 email to CEO and HR Director,
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Att: 16
Exhibit Wesnofske and CEOs March 24, 2021 email exchanges,
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Att: 17
Exhibit Written Warning dated March 25, 2021,
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Att: 18
Exhibit May 1-2, 2021 text message exchange between Ware and McGill
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| 26 | 26
misc
Stipulation
Sat 09/24 9:56 AM
STIPULATION re filing of Amended Complaint by Gary Ware (Lucas, Scott) |
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| Friday, September 16, 2022 | ||
| 25 | 25
respm
Response in Opposition to Motion
Fri 09/16 5:34 PM
RESPONSE in Opposition re22 MOTION for Discovery filed by Eastern Wholesale Fence LLC. (Guttell, Adam) |
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| Thursday, September 15, 2022 | ||
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order
Order on Motion to Compel
Thu 09/15 11:58 AM
ORDER denying23 Motion to Compel. Plaintiff's deposition shall go forward remotely as originally noticed. Ordered by Magistrate Judge Arlene R. Lindsay on 9/15/2022. (Jacobwitz, Beth) |
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| Wednesday, September 14, 2022 | ||
| 24 | 24
respm
Response in Opposition to Motion
Wed 09/14 7:39 PM
RESPONSE in Opposition re23 Letter MOTION to Compel in-person deposition filed by Gary Ware. (Lucas, Scott) |
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Att: 1
Exhibit Amended Deposition Notice,
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Att: 2
Exhibit Ware Declaration
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| 23 | 23
motion
Compel
Wed 09/14 10:54 AM
Letter MOTION to Compel in-person deposition by Eastern Wholesale Fence LLC. (Guttell, Adam) |
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| 22 | 22
motion
Discovery
Wed 09/14 10:41 AM
MOTION for Discovery by Gary Ware. (Lucas, Scott) |
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Att: 1
101 pgs
Exhibit Amended Complaint (proposed),
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Att: 2
Exhibit Defendant's Privilege Log,
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Att: 3
Exhibit Answer,
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Att: 4
Exhibit Redacted Emails
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| Friday, September 02, 2022 | ||
| 21 | 21
notice
Notice of Appearance
Fri 09/02 11:48 AM
NOTICE of Appearance by William Kang on behalf of Eastern Wholesale Fence LLC (aty to be noticed) (Kang, William) |
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| Monday, August 01, 2022 | ||
| 20 | 20
notice
Notice of Consent to Change Attorney
Mon 08/01 9:29 PM
NOTICE of Consent to Change Attorney by Scott A. Lucas (Lucas, Scott) |
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| Thursday, July 07, 2022 | ||
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order
Order on Motion for Extension of Time to Complete Discovery
Thu 07/07 9:56 AM
ORDER granting19 Motion for Extension of Time to Complete Discovery. The scheduling order is modified as follows: All discovery, inclusive of expert discovery, to be concluded by January 12, 2023. Any party planning on making a dispositive motion must take the first step in the motion process by February 2, 2023. The October 27, 2022 final conference is adjourned to February 23, 2023 at 11:30 a.m. The parties are to electronically file a joint proposed pretrial order in compliance with the district judge's individual rules, signed by counsel for each party, not later than February 21, 2023. Ordered by Magistrate Judge Arlene R. Lindsay on 7/7/2022. (Jacobwitz, Beth) |
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| Wednesday, July 06, 2022 | ||
| 19 | 19
motion
Extension of Time to Complete Discovery
Wed 07/06 1:32 PM
Letter MOTION for Extension of Time to Complete Discovery by Eastern Wholesale Fence LLC. (Guttell, Adam) |
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| Tuesday, February 22, 2022 | ||
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order
Order on Motion to Withdraw as Attorney
Tue 02/22 1:33 PM
ORDER granting17 Motion to Withdraw as Attorney. Attorney Andrew R Sack terminated. Ordered by Magistrate Judge Arlene R. Lindsay on 2/22/2022. c/ecf (Imrie, Robert) |
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| Friday, February 18, 2022 | ||
| 18 | 18
respm
Affidavit/Declaration in Support of Motion
Fri 02/18 11:32 AM
AFFIDAVIT/DECLARATION in Support re17 MOTION to Withdraw as Attorney Affirmation in Support of Motion to Withdraw As Counsel filed by Gary Ware. (Sack, Andrew) |
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| 17 | 17
motion
Withdraw as Attorney
Fri 02/18 11:31 AM
MOTION to Withdraw as Attorney by Gary Ware. (Sack, Andrew) |
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| Wednesday, November 17, 2021 | ||
| 16 | 16
order
Scheduling Order
Thu 11/18 11:31 AM
SCHEDULING ORDER: A Final Pretrial Conference is scheduled for October 27, 2022 at 11:30 AM before Magistrate Judge Arlene R. Lindsay. See the attached Order for details. Ordered by Magistrate Judge Arlene R. Lindsay on 11/17/2021. c/ecf (Imrie, Robert) |
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| 15 | 15
minutes
Initial Conference Hearing Scheduling Conference Settlement Conference Telephone Conference
Thu 11/18 11:24 AM
Minute Entry for proceedings held before Magistrate Judge Arlene R. Lindsay. Conference held on 11/17/2021. The parties proposed schedule was approved. A scheduling order will be issued under a separate order. Should the parties wish to pursue mediation a joint request may be submitted. c/ecf (Imrie, Robert) |
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| 14 | 14
notice
Notice of Appearance
Wed 11/17 1:25 PM
NOTICE of Appearance by Juliana Spano on behalf of All Defendants (aty to be noticed) (Spano, Juliana) |
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| Tuesday, November 16, 2021 | ||
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order
Order(Other)
Tue 11/16 4:52 PM
ORDER: Due to a change in the Court's calendar the time of the November 17, 2021 conference is adjourned to 3:30 p.m. The Court will initiate the conference call. The call in instructions are as follows: The parties are directed to dial (888) 684-8852 prior to the scheduled time to access the call center. At the prompt enter access code 7625765. Ordered by Magistrate Judge Arlene R. Lindsay on 11/16/2021. c/ecf (Imrie, Robert) |
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| Tuesday, October 26, 2021 | ||
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order
Scheduling Order
Tue 10/26 5:51 PM
SCHEDULING ORDER: An Initial Conference is scheduled for November 17, 2021 at 12:00 p.m. by telephone before Magistrate Judge Arlene R. Lindsay. The Court will initiate the conference call. The call in instructions are as follows: The parties are directed to dial (888) 684-8852 prior to the scheduled time to access the call center. At the prompt enter access code 7625765. Ordered by Magistrate Judge Arlene R. Lindsay on 10/26/2021. c/ecf (Imrie, Robert) Modified on 10/26/2021 (Imrie, Robert) |
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| Thursday, September 23, 2021 | ||
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order
Order on Motion for Protective Order
Thu 09/23 12:34 PM
ORDER re13 : The Protective Order is approved. Ordered by Magistrate Judge Arlene R. Lindsay on 9/23/2021. c/ecf (Imrie, Robert) |
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| Tuesday, September 21, 2021 | ||
| 13 | 13
5
pgs
motion
Protective Order
Tue 09/21 3:11 PM
MOTION for Protective Order by Eastern Wholesale Fence LLC. (Guttell, Adam) |
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| Thursday, September 09, 2021 | ||
| 12 | 12
misc
Proposed Scheduling Order
Thu 09/09 9:24 AM
Proposed Scheduling Order by Eastern Wholesale Fence LLC (Guttell, Adam) |
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| Monday, August 09, 2021 | ||
| 11 | 11
order
Scheduling Order
Mon 08/09 4:39 PM
SCHEDULING ORDER: Rule 26 Meeting Report due by September 10, 2021. See the attached Order for details. Ordered by Magistrate Judge Arlene R. Lindsay on 8/9/2021. c/ecf (Imrie, Robert) |
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Att: 1
Rule 26(f) Form
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| Friday, July 30, 2021 | ||
| 10 | 10
27
pgs
answer
Answer to Complaint
Fri 07/30 10:34 AM
Defendant's ANSWER to1 Complaint, by Eastern Wholesale Fence LLC. (Guttell, Adam) |
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| 9 | 9
discov
Disclosure of Interested Parties
Fri 07/30 10:31 AM
DISCLOSURE of Interested Parties by Eastern Wholesale Fence LLC. (Guttell, Adam) |
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| 8 | 8
notice
Notice of Appearance
Fri 07/30 10:29 AM
NOTICE of Appearance by Adam Granek Guttell on behalf of Eastern Wholesale Fence LLC (aty to be noticed) (Guttell, Adam) |
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| Monday, July 12, 2021 | ||
| 7 | 7
1
pgs
service
Summons Returned Executed
Mon 07/12 1:39 PM
SUMMONS Returned Executed by Gary Ware. Eastern Wholesale Fence LLC served on 7/9/2021, answer due 7/30/2021. (Sack, Andrew) |
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| Wednesday, July 07, 2021 | ||
| 6 | 6
notice
Notice of Appearance
Wed 07/07 3:58 PM
NOTICE of Appearance by Andrew R Sack on behalf of Gary Ware (aty to be noticed) (Sack, Andrew) |
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| 5 | 5
service
Summons Issued
Wed 07/07 3:40 PM
Summons Issued as to Eastern Wholesale Fence LLC. (Landow, Concetta) |
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| 4 | 4
misc
Clerks Notice of Rule 73
Wed 07/07 3:38 PM
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:[LINK:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf] . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Landow, Concetta) |
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| 3 | 3
misc
Quality Control Check - Attorney Case Opening
Wed 07/07 3:25 PM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Landow, Concetta) |
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utility
Case Assigned/Reassigned
Wed 07/07 3:30 PM
Case Assigned to Judge Gary R. Brown and Magistrate Judge Arlene R. Lindsay. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Landow, Concetta) |
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| Friday, July 02, 2021 | ||
| 2 | 2
misc
Proposed Summons/Civil Cover Sheet
Fri 07/02 5:44 PM
Proposed Summons.Civil Cover Sheet.. Re1 Complaint by Gary Ware (Lucas, Scott) |
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Att: 1
Civil Cover Sheet
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| 1 | 1
39
pgs
cmp
Complaint
Fri 07/02 5:27 PM
COMPLAINT against Eastern Wholesale Fence LLC a/k/a Eastern Wholesale Fence NY LLC filing fee $ 402, receipt number ANYEDC-14624658 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Gary Ware. (Lucas, Scott) |
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