Sunstar Vending, Inc. v. Get Air Management, Inc.
| New York Eastern District Court | |
| Judge: | Frederic Block |
| Referred: | Ramon E Reyes, Jr |
| Case #: | 1:21-cv-05042 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1330 Breach of Contract |
| Case Filed: | Sep 09, 2021 |
| Terminated: | Oct 17, 2022 |
| Last checked: Tuesday Mar 08, 2022 3:37 AM EST |
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Counter Claimant
Get Air Management, Inc.
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Represented By
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Counter Defendant
Sunstar Vending, Inc.
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Represented By
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Defendant
Get Air Management, Inc.
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Represented By
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Plaintiff
Sunstar Vending, Inc.
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Represented By
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GPO
Nov 22 2021
MEMORANDUM and ORDER: The defendants motion 10 to dismiss all counts is DENIED. See attached Memorandum and Order for details. Ordered by Judge Frederic Block on 11/22/2021. (Innelli, Michael) |
| Docket last updated: 4 hours ago |
| Monday, October 17, 2022 | ||
| 27 | 27
misc
Stipulation of Dismissal
Mon 10/17 10:51 AM
STIPULATION of Dismissal with Prejudice by Sunstar Vending, Inc. (Davis, Brent) |
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order
Order Dismissing Case
Mon 10/17 11:24 AM
ELECTRONIC ORDER DISMISSING CASE: See entry27 . Ordered by Judge Frederic Block on 10/17/2022. (MI) |
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| Monday, October 03, 2022 | ||
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order
Order on Motion for Extension of Time to File 1 - Terminate Deadlines and Hearings ~Util - Set Deadlines
Mon 10/03 10:18 AM
ORDER granting26 Motion for Extension of Time to File Stipulation of Dismissal by 10/31/2022. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 9/29/2022. (MV) |
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| Wednesday, September 28, 2022 | ||
| 26 | 26
motion
Extension of Time to File Document
Wed 09/28 2:06 PM
Joint MOTION for Extension of Time to File Stipulation of Dismissal by Sunstar Vending, Inc.. (Davis, Brent) |
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| Wednesday, September 21, 2022 | ||
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order
1 - Terminate Deadlines and Hearings
Wed 09/21 5:33 PM
Order: The 11/2/2022 Final Pretrial Conference is adjourned sine die. A Stipulation of Dismissal is due on 9/30/2022. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 9/21/2022. (Vertus, Miriam) |
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| Wednesday, August 31, 2022 | ||
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order
Status Report Order
Wed 08/31 12:53 PM
STATUS REPORT ORDER: In light of their settlement at25 , the parties are directed to file a stipulation of dismissal by 9/30/2022.Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 8/31/2022. (Harrington, Kayla) |
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| Tuesday, August 30, 2022 | ||
| 25 | 25
misc
Status Report
Tue 08/30 1:50 PM
STATUS REPORT by Sunstar Vending, Inc. (Davis, Brent) |
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| Wednesday, August 17, 2022 | ||
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order
Status Report Order 1 - Terminate Deadlines and Hearings
Wed 08/17 4:08 PM
ORDER: In lieu of the 8/30/2022 telephone conference, the parties are directed to file a joint Status Report on 8/30/2022. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 8/17/2022. (Vertus, Miriam) |
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| Friday, February 18, 2022 | ||
| 24 | 24
notice
Notice of Appearance
Fri 02/18 1:43 PM
NOTICE of Appearance by Mikhail Shah on behalf of Get Air Management, Inc. (aty to be noticed) (Shah, Mikhail) |
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| Wednesday, February 09, 2022 | ||
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order
Order on Motion to Substitute Attorney
Wed 02/09 9:14 AM
ORDER granting23 Motion to Substitute Attorney. Attorney Dara Leslie Rosenbaum terminated. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 2/8/2022. (Vertus, Miriam) |
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| Monday, February 07, 2022 | ||
| 23 | 23
motion
Appoint Counsel
Mon 02/07 7:28 PM
MOTION to Appoint Counsel Consent Order Granting Substitution of Attorney by Get Air Management, Inc.. (Otto, Katherine) |
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| Thursday, January 20, 2022 | ||
| 22 | 22
notice
Notice of Appearance
Thu 01/20 3:19 PM
NOTICE of Appearance by Dara Leslie Rosenbaum on behalf of Get Air Management, Inc. (notification declined or already on case) (Rosenbaum, Dara) |
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notice
Notice(Other)
Thu 01/20 11:41 AM
NOTICE TO COUNSEL: Leslie Luke is directed to file a Notice of Appearance. (Vertus, Miriam) |
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minutes
Video Conference
Thu 01/20 12:39 PM
Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr:Video Settlement Conference held on 1/20/2022. Plaintiff represented by Andrew P. Bleiman, Esq., present with David Leichus President of Sunstar. Defendant represented by Leslie Luke, Esq., present with Jake Goodell and Alan. Settlement discussions held off the record. Case not settled. Further processing pursuant to existing schedule set on 12/14/21. (FTR# CONFERENCE NOT RECORDED) (Vertus, Miriam) |
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| Thursday, January 13, 2022 | ||
| 21 | 21
notice
Notice of Appearance
Thu 01/13 6:36 PM
NOTICE of Appearance by Andrew P. Bleiman on behalf of Sunstar Vending, Inc. (aty to be noticed) (Bleiman, Andrew) |
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| 20 | 20
motion
Appear Pro Hac Vice
Thu 01/13 3:18 PM
MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-15192541. by Sunstar Vending, Inc.. (Bleiman, Andrew) |
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Att: 1
Affidavit Andrew P. Bleiman (Cert of Good Standing)
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order
Order on Motion for Leave to Appear Pro Hac Vice
Thu 01/13 5:19 PM
ORDER granting20 Motion for Andrew P. Bleiman Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150.00 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . Ordered by Magistrate Judge Ramon E. Reyes, Jr on 1/13/2022. (Vertus, Miriam) |
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| Tuesday, December 28, 2021 | ||
| 19 | 19
discov
Disclosure of Interested Parties
Tue 12/28 2:16 PM
DISCLOSURE of Interested Parties by Get Air Management, Inc.. (Rosenbaum, Dara) |
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Att: 1
Exhibit A - Copies of email exchanges between Sunstar and Get Air,
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Att: 2
Exhibit B- Copies of the Standard Location Agreements,
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Att: 3
Exhibit C - Copy of Franchisor Agreement
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| Monday, December 27, 2021 | ||
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order
Scheduling Order
Mon 12/27 11:53 AM
SCHEDULING ORDER: re18 Status Report filed by Sunstar Vending, Inc. Settlement Conference set for 1/20/2022 at 11:00 AM via video before Magistrate Judge Ramon E. Reyes, Jr. Representatives of each party with full settlement authority must attend. Confidential settlement letters are due 1/13/22 or one week prior to conference, faxed to chambers (718) 613-2125. A Zoomgov invitation link was sent to the attorney's email addresses listed on the docket. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 12/27/2021. (Vertus, Miriam) |
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| Thursday, December 23, 2021 | ||
| 18 | 18
misc
Status Report
Thu 12/23 12:17 PM
STATUS REPORT by Sunstar Vending, Inc. (Davis, Brent) |
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| Tuesday, December 21, 2021 | ||
| 17 | 17
answer
Answer to Counterclaim
Tue 12/21 4:40 PM
ANSWER to15 Answer to Complaint, Counterclaim by Sunstar Vending, Inc.. (Davis, Brent) |
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| Tuesday, December 14, 2021 | ||
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minutes
Initial Conference Hearing ~Util - Set Deadlines/Hearings
Tue 12/14 1:04 PM
Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr:Initial Conference Hearing held on 12/14/2021 via video. Case called. Plaintiff represented by Brent "Giles" Davis present with Andrew P. Bleiman (not admitted to EDNY; Motion for Pro Hac Vice is forthcoming.) Defendant represented by Leslie Luke. Discussions held on the record. Status Report due 12/28/2021, indicating whether a settlement conference is need with the court. Final Pretrial Conference set for 11/2/2022 at 10:00 AM in Courtroom 13D South before Magistrate Judge Ramon E. Reyes, Jr., Telephone Conference set for 8/30/2022 at 10:00 AM dialing the AT&T toll-free number 1-888-684-8852 and Access Code 5496961# to participate in teleconference before Magistrate Judge Ramon E. Reyes, Jr. (FTR Log #Zoomgov Video 12:00PM -12:14PM.) (Vertus, Miriam) |
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order
Order(Other)
Tue 12/14 1:23 PM
ORDER granting re16 Case Management Statement. All discovery, including depositions of experts, shall be completed on or before October 31, 2022. See minute entry dated 12/14/2021. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 12/14/2021. (Vertus, Miriam) |
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| Thursday, December 09, 2021 | ||
| 16 | 16
misc
Case Management Statement
Thu 12/09 11:13 AM
CASE MANAGEMENT STATEMENT (Davis, Brent) |
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| Monday, December 06, 2021 | ||
| 15 | 15
answer
Answer to Complaint Counterclaim
Mon 12/06 10:50 AM
ANSWER to1 Complaint, , COUNTERCLAIM against Sunstar Vending, Inc. by Get Air Management, Inc.. (Rosenbaum, Dara) |
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| Friday, December 03, 2021 | ||
| 14 | 14
order
Scheduling Order
Fri 12/03 12:19 PM
SCHEDULING ORDER: Video Initial Conference set for 12/14/2021 at 12:00 PM before Magistrate Judge Ramon E. Reyes, Jr. The attorneys are directed to appear via video using the ZOOMgov invitation link sent to the email addresses listed on the docket and all other participates may join by phone using the Toll number: 1 551 285 1373 US Meeting ID: 160 261 7308 Passcode: 445087. Any requests for adjournment must be made in writing on notice to opposing parties, and must disclose whether all parties consent. No request for adjournment will be considered unless made at least forty-eight (48) hours before the scheduled conference. Prior to the conference, the parties are to comply with the requirements of Rule 26(f) of the Fed. R. Civ. P. (See attached blank document) Case Management Statement must be completed and filed on ECF no later than 12/9/2021. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 12/3/2021. (Vertus, Miriam) |
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| Monday, November 22, 2021 | ||
| 13 | 13
4
pgs
order
Order on Motion to Dismiss for Failure to State a Claim
Mon 11/22 12:00 PM
MEMORANDUM and ORDER: The defendants motion10 to dismiss all counts is DENIED. See attached Memorandum and Order for details. Ordered by Judge Frederic Block on 11/22/2021. (Innelli, Michael) |
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order
Scheduling Order
Mon 11/22 11:56 AM
SCHEDULING ORDER: The in person oral argument scheduled for November 23, 2021 @ 11:00 AM is cancelled, because the Court will issue a written decision. Upon receipt of this email counsel shall confirm with each other that this in person oral argument is canceled. Ordered by Judge Frederic Block on 11/22/2021. (Innelli, Michael) |
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| Wednesday, November 17, 2021 | ||
| 12 | 12
respm
Response in Opposition to Motion
Wed 11/17 5:11 PM
RESPONSE in Opposition re10 MOTION to Dismiss for Failure to State a Claim and Failure to Comply with FRCP 11(b)(3) filed by Sunstar Vending, Inc.. (Davis, Brent) |
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Att: 1
Declaration David Leichus w/ Exhibit,
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Att: 2
Declaration of Brent M. Davis, Esq.,
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Att: 3
Certificate of Service
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| Tuesday, November 16, 2021 | ||
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order
Order on Motion for Extension of Time to File Response/Reply
Tue 11/16 5:52 PM
ELECTRONIC ORDER: Plaintiff letter application11 is granted in part and denied in part. The November 23, 2021 oral argument shall proceed as scheduled. However, the Plaintiff may file its opposition at any time prior to the hearing. The Plaintiff need not file an opposition to the extent that it does not feel one is necessary. Ordered by Judge Frederic Block on 11/16/2021. (Innelli, Michael) |
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| Monday, November 15, 2021 | ||
| 11 | 11
motion
Extension of Time to File Response/Reply
Mon 11/15 10:14 AM
Consent MOTION for Extension of Time to File Response/Reply as to Set/Reset Hearings,10 MOTION to Dismiss for Failure to State a Claim and Failure to Comply with FRCP 11(b)(3) by Sunstar Vending, Inc.. (Davis, Brent) |
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| Thursday, November 04, 2021 | ||
| 10 | 10
motion
Dismiss for Failure to State a Claim
Thu 11/04 3:44 PM
MOTION to Dismiss for Failure to State a Claim and Failure to Comply with FRCP 11(b)(3) by Get Air Management, Inc.. (Rosenbaum, Dara) |
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Att: 1
Affirmation in Support,
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Att: 2
Memorandum in Support,
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Att: 3
Exhibit A - Declaration of Val Iverson,
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Att: 4
Exhibit B - Declaration of Jacob Goodell,
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Att: 5
Exhibit C - Complaint,
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Att: 6
Exhibit D - Email Exchange,
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Att: 7
Exhibit E - Franchisor Agreement,
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Att: 8
Exhibit F - Standard Location Agreements,
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Att: 9
Exhibit G - Email Exchange
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| Wednesday, November 03, 2021 | ||
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minutes
Pre Motion Conference
Wed 11/03 3:33 PM
Minute Entry for proceedings held before Judge Frederic Block: Brett Davis, Esq. for the plaintiff and Leslie Luke, Esq. for the defendants, all present. Pre-motion conference held on 11/3/2021. Defendants anticipated motion to dismiss was discussed. The parties will file letter briefs as to the motion to dismiss. In person oral argument is scheduled for 11/23/21 @ 11am. (Court Reporter: Not Reported) (Innelli, Michael) |
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utility
Set/Reset Hearings
Wed 11/03 3:36 PM
Set/Reset Hearings: In Person Oral Argument set for 11/23/2021 11:00 AM before Judge Frederic Block. (Innelli, Michael) |
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| Friday, October 22, 2021 | ||
| 9 | 9
misc
Letter
Fri 10/22 4:12 PM
Letter to Judge Block in Response to Dkt. No. 7 by Sunstar Vending, Inc. (Davis, Brent) |
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| 8 | 8
order
Scheduling Order
Fri 10/22 12:44 PM
SCHEDULING ORDER: The defendant's letter application7 dated 10/20/21 is GRANTED. An in person pre motion conference is scheduled for November 3, 2021 @ 2:30PM. The Court expects the parties to be conversant with the underlying facts and prepared to discuss the legal issues arising therefrom. The parties are reminded that they are obligated to discuss the prospect of settlement and may be required to provide the Court with a report of such discussions . If this date presents a conflict counsel shall first obtain the consent from all the parties to adjourn this in person pre-motion conference and then file a letter application. Upon receipt of this email counsel shall confirm with each other of the date and time of this in person pre-motion conference. Ordered by Judge Frederic Block on 10/22/2021. (Innelli, Michael) |
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utility
Set/Reset Hearings
Fri 10/22 12:44 PM
Set/Reset Hearings: In Person Pre-Motion Conference set for 11/3/2021 02:30 PM before Judge Frederic Block. (Innelli, Michael) |
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| Thursday, October 21, 2021 | ||
| 7 | 7
misc
Letter
Thu 10/21 10:34 AM
Letter to Judge Block requesting pre-motion conference by Get Air Management, Inc. (Rosenbaum, Dara) |
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| 6 | 6
notice
Notice of Appearance
Thu 10/21 10:32 AM
NOTICE of Appearance by Dara Leslie Rosenbaum on behalf of Get Air Management, Inc. (aty to be noticed) (Rosenbaum, Dara) |
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Att: 1
Notice of Appearance - Leslie Luke,
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Att: 2
Rule 7.1 Statement
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| Friday, September 10, 2021 | ||
| 5 | 5
misc
Letter
Fri 09/10 11:59 AM
Letter to Clerk by Sunstar Vending, Inc. (Davis, Brent) |
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Att: 1
Exhibit A to Complaint,
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Att: 2
Exhibit B to Complaint
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| Thursday, September 09, 2021 | ||
| 4 | 4
service
Summons Issued
Thu 09/09 2:35 PM
Summons Issued as to Get Air Management, Inc.. (Davis, Kimberly) |
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| 3 | 3
misc
Quality Control Check - Attorney Case Opening
Thu 09/09 2:30 PM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
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| 2 | 2
misc
Clerks Notice of Rule 73
Thu 09/09 2:29 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. (Davis, Kimberly) |
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| 1 | 1
cmp
Complaint
Thu 09/09 2:19 PM
COMPLAINT against Get Air Management, Inc. filing fee $ 402, receipt number ANYEDC-14822247 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Sunstar Vending, Inc.. (Davis, Brent) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Proposed Summons
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utility
Case Assigned/Reassigned
Thu 09/09 2:28 PM
Case Assigned to Judge Frederic Block and Magistrate Judge Ramon E. Reyes, Jr. 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. (Davis, Kimberly) |
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