Feratovic v. J & M Psaras Realty, LLC et al
| New York Eastern District Court | |
| Judge: | Allyne R Ross |
| Referred: | Taryn A Merkl |
| Case #: | 1:21-cv-06869 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 29:201 Fair Labor Standards Act |
| Case Filed: | Dec 13, 2021 |
| Terminated: | Oct 20, 2022 |
| Last checked: Saturday Jun 11, 2022 4:57 AM EDT |
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Defendant
J & M Psaras Realty, LLC
7916 Fifth Avenue
Brooklyn, NY 11209 |
Represented By
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Defendant
John Psaras Realty Management
PO Box 090 314 Ft. Hamilton
Brooklyn, NY 11209 |
Represented By
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Defendant
John Psaras
7916 Fifth Avenue
Brooklyn, NY 11209 |
Represented By
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Defendant
Michael Psaras
7916 Fifth Avenue
Brooklyn, NY 11209 |
Represented By
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Defendant
Benson Holdings LLC
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Represented By
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Mediator
Holly Weiss
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Plaintiff
Fasmir Feratovic
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Represented By
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| Docket last updated: 1 hours ago |
| Wednesday, October 26, 2022 | ||
| 35 | 35
2
pgs
order
Order Dismissing Case
Wed 10/26 10:58 AM
STIPULATION AND ORDER DISMISSING CASE with prejudice. ( Ordered by Judge Allyne R. Ross on 10/25/2022 ) (RG) |
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| Monday, October 24, 2022 | ||
| 34 | 34
misc
Stipulation of Dismissal
Mon 10/24 6:27 PM
STIPULATION of Dismissal by Fasmir Feratovic (Dodson, Penn) |
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| Thursday, October 20, 2022 | ||
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order
~Util - Terminate Civil Case
Thu 10/20 10:25 AM
Civil Case Terminated as per chambers. (RG) |
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| Thursday, September 22, 2022 | ||
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minutes
Fairness Conference
Thu 09/22 5:27 PM
Minute Entry: A telephonic Fairness/ Cheeks Conference was held on 9/22/2022. Counsel for parties were present. (See separate docket entry for Order issuing from this proceeding.) (AT&T Log #2:28-2:44.) (Devanathan, Deepa) |
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order
Order on Motion for Settlement Order on Motion to Amend/Correct/Supplement
Thu 09/22 5:31 PM
ORDER: The parties' Motion for Settlement Approval29 and Motion to Supplement Motion for Settlement Approval33 are approved, for the reasons herein and discussed on the record. The Court has reviewed the joint motion filed by the parties dated 9/12/2022,29 , seeking approval of the settlement agreement reached by Fasmir Feratovic, J & M Psaras Realty, LLC, John Psaras Realty Management, John Psaras, Michael Psaras, and Benson Holdings LLC. A Fairness/ Cheeks hearing was held on 9/22/2022 ( see Sept. 22, 2022 ECF Minute Entry) and the parties have consented to jurisdiction by a U.S. Magistrate Judge for Disposition of the Motion30 31 . Having reviewed the settlement agreement, I find that "the agreement reflects a reasonable compromise of disputed issues [rather] than a mere waiver of statutory rights brought about by an employer's overreaching." Le v. SITA Information Networking Computing, USA, Inc. , No. 07-CV-86 (JS) (MLO), 2008 WL 724155, at *1 (E.D.N.Y. Mar. 13, 2008) (internal quotations and citation omitted); see also Cheeks v. Freeport Pancake House, Inc. , 796 F.3d 199, 200 (2d Cir. 2015). As a threshold matter, the Court finds that the settlement was the product of arm's-length bargaining between experienced counsel after ample discovery and negotiations. See Wolinsky v. Scholastic, Inc. , 900 F. Supp. 2d 332, 335 (S.D.N.Y. 2012) (identifying five factors in evaluating whether a proposed settlement is fair and reasonable, including (1) the possible range of recovery; (2) the avoidance of burdens and expenses of trial; (3) litigation risk; (4) whether settlement is the product of arm's-length bargaining; and (5) the possibility of fraud or collusion); see also Fisher v. SD Prot. Inc. , 948 F.3d 593, 600 (2d Cir. 2020) (citing the Wolinsky factors). In addition, the Court finds that (1) the settlement amount as reflected in the proposed settlement agreement provides Plaintiff with a recovery that is substantial and fair in light of the identified litigation risks, and is within the possible range of recovery; (2) the attorney's fees portion of the settlement is for an amount less than one-third of the total amount of the settlement, inclusive of reasonable costs ( see Motion to Supplement Motion for Settlement Approval, ECF No.33 ); (3) the release provided for in the agreement is limited in scope; and (4) the settlement agreement does not contain impermissible provisions such as a non-disparagement clause or a ban on future employment; nor does it impose a duty of confidentiality. For the reasons above and those stated on the record, the terms of the settlement are fair and reasonable. The settlement is therefore approved. The parties are directed to file a Stipulation of Dismissal by 10/31/2022 . So Ordered by Magistrate Judge Taryn A. Merkl on 9/22/2022. (Devanathan, Deepa) |
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| Wednesday, September 21, 2022 | ||
| 33 | 33
motion
Amend/Correct/Supplement
Wed 09/21 12:18 PM
MOTION to Amend/Correct/Supplement29 MOTION for Settlement Approval SUPPLEMENTAL TIME LOGS IN SUPPORT OF MOTION FOR SETTLEMENT APPROVAL by Fasmir Feratovic. (Dodson, Penn) |
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| Tuesday, September 20, 2022 | ||
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order
Order on Motion to Adjourn Conference ~Util - Set Hearings 1 - Terminate Hearings
Tue 09/20 2:28 PM
ORDER: Motion to Adjourn Conference32 is granted, on consent. The Cheeks conference on 9/22/2022 at 10:30 a.m. will now be held on 9/22/2022 at 2:30 p.m. before Magistrate Judge Taryn A. Merkl. The parties are directed to call the toll free number (877) 336-1839 . The access code is 3914302 . The parties shall dial in five (5) minutes before the scheduled conference. Plaintiffs' counsel is directed to submit supporting billing documentation by 9/21/2022 at 5:00 p.m. So Ordered by Magistrate Judge Taryn A. Merkl on 9/20/2022. (Devanathan, Deepa) |
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| Monday, September 19, 2022 | ||
| 32 | 32
motion
Adjourn Conference
Mon 09/19 11:38 AM
Letter MOTION to Adjourn Conference by Benson Holdings LLC, J & M Psaras Realty, LLC, John Psaras Realty Management, John Psaras, Michael Psaras. (Metis, Peter) |
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| Wednesday, September 14, 2022 | ||
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notice
Notice of Hearing
Wed 09/14 11:16 AM
SCHEDULING ORDER: A Cheeks Conference will be held on 9/22/2022 at 10:30 a.m. before Magistrate Judge Taryn A. Merkl. The parties are directed to call the toll free number (877) 336-1839 . The access code is 3914302 . The parties shall dial in five (5) minutes before the scheduled conference. (Chan, Kaity) |
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| Tuesday, September 13, 2022 | ||
| 31 | 31
misc
Consent to Magistrate Judge Disposition on Motion
Tue 09/13 10:17 AM
CONSENT to Magistrate Judge Disposition on Motion re29 MOTION for Settlement Approval Motion referred to Taryn A. Merkl. (Guzzi, Roseann) |
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| Monday, September 12, 2022 | ||
| 30 | 30
misc
Consent to Magistrate Judge Disposition on Motion
Mon 09/12 11:32 AM
CONSENT to Magistrate Judge Disposition on Motion by Fasmir Feratovic re29 MOTION for Settlement Approval (Dodson, Penn) |
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| 29 | 29
motion
Settlement
Mon 09/12 11:31 AM
MOTION for Settlement Approval by Fasmir Feratovic. (Dodson, Penn) |
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Att: 1
Exhibit Fully Executed Settlement Agreement
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| Friday, August 19, 2022 | ||
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order
Order on Motion for Extension of Time to File
Fri 08/19 1:22 PM
ORDER: Motion for Extension of Time28 is granted, on consent. The parties are respectfully directed to file a proposed Settlement Agreement pursuant to Cheeks v. Freeport Pancake House, Inc. , 796 F.3d 199 (2d Cir. 2015) on or before 9/15/2022 . So Ordered by Magistrate Judge Taryn A. Merkl on 8/19/2022. (Devanathan, Deepa) |
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| Thursday, August 18, 2022 | ||
| 28 | 28
motion
Extension of Time to File Document
Thu 08/18 5:13 PM
Joint MOTION for Extension of Time to File Cheeks motion by Fasmir Feratovic. (Dodson, Penn) |
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| Friday, July 29, 2022 | ||
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order
Order(Other)
Fri 07/29 11:22 AM
ORDER: The Court is in receipt of the parties' joint status report26 dated 7/28/2022 indicating that they have reached a settlement in principle. The parties are respectfully directed to file a proposed Settlement Agreement pursuant to Cheeks v. Freeport Pancake House, Inc. , 796 F.3d 199 (2d Cir. 2015) on or before 8/16/2022 . Counsel are encouraged to consider whether they will file a form consenting to magistrate judge jurisdiction for a decision on their anticipated motion for settlement approval. Should the parties wish to so consent, they are respectfully directed to file a "Notice, Consent, and Reference of a Dispositive Motion to a Magistrate Judge" (Form AO 85A) (see attached) on ECF. The form may also be accessed at[LINK:https://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085A.pdf] . You may withhold your consent without adverse substantive consequences. Ordered b y Magistrate Judge Taryn A. Merkl on 7/29/2022. (Devanathan, Deepa) |
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| Thursday, July 28, 2022 | ||
| 26 | 26
misc
Status Report
Thu 07/28 3:00 PM
STATUS REPORT [JOINT] by Fasmir Feratovic (Dodson, Penn) |
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| Friday, July 15, 2022 | ||
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order
Order(Other)
Fri 07/15 5:14 PM
ORDER: The Court is in receipt of the parties' mediation status report25 . In light of the parties' representation that they are continuing to engage in settlement negotiations with the assistance of the mediator, all discovery deadlines are temporarily stayed. The parties are directed to provide a joint status report by 7/28/2022 informing the Court as to status of the parties' settlement negotiations. If the parties represent that they are unable to reach a settlement agreement the Court will re-set the discovery schedule, as agreed upon in the parties' status report. Ordered by Magistrate Judge Taryn A. Merkl on 7/15/2022. (Devanathan, Deepa) |
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| Wednesday, July 13, 2022 | ||
| 25 | 25
adr
Mediation Status Report
Wed 07/13 3:03 PM
MEDIATION STATUS REPORT /Request for Deadline Extension by Fasmir Feratovic (Dodson, Penn) |
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| Wednesday, June 15, 2022 | ||
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order
Order on Motion for Extension of Time to File
Wed 06/15 2:54 PM
ORDER: Motion for Extension of Time24 is granted, on consent. The following deadlines are extended. Mediation shall be completed by 6/30/2022 . The parties are directed to file a joint status letter by 7/14/2022 providing an update as to the status of mediation and case status. So Ordered by Magistrate Judge Taryn A. Merkl on 6/15/2022. (Devanathan, Deepa) |
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| Tuesday, June 14, 2022 | ||
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motion
Extension of Time to File Document
Tue 06/14 10:10 AM
Letter MOTION for Extension of Time to File Status Report & Request for Mediation Deadline by Fasmir Feratovic. (Dodson, Penn) |
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| Thursday, May 12, 2022 | ||
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adr
Selection of Mediator
Thu 05/12 4:28 PM
SELECTION OF MEDIATOR Holly Weiss selected as Mediator. The first mediation session will take place remotely on June 23, 2022 at 10:00am. Fourteen days on or before the session date, counsel shall file with the Mediator their client's mediation statement summarizing the facts, legal issues, particulars of any prior settlement discussions, and the name and title of the client or client representative with full settlement authority who will attend the mediation in person. Attendance in person is required of the trial attorney, insurance adjuster, and client or client representative with full settlement authority. The Confidentiality Stipulation must be signed at the mediation session by all participants and the Mediator and returned via e-mail nyed_adr@nyed.uscourts.gov or fax (718) 613-2333. Contact information for the Mediator is on the docket sheet. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms.The Mediation Report must be submitted within two weeks following mediation session. (Weinstein, Robyn) |
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| Tuesday, March 29, 2022 | ||
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minutes
Initial Conference Hearing
Tue 03/29 1:09 PM
Minute Entry and Order: A telephonic Initial Conference was held on 3/29/2022 before Magistrate Judge Taryn A. Merkl. Appearances by Penn Dodson for Plaintiff; Peter Metis for Defendants. The parties represented that they have already completed their Rule 26(f) conference and have exchanged their initial disclosures. The parties' proposed discovery schedule is adopted, in part, as follows. The deadline to join new parties or amend the pleadings is 4/13/2022 . The parties are directed to exchange all relevant documents and records, including but not limited to time and payroll records, by 5/2/2022 . Informal Phase I discovery shall be completed by 5/31/2022 . Should the case not resolve at mediation or settle, the parties' first requests for production of documents and interrogatories are due by 7/5/2022 . Fact discovery shall be completed by 11/4/2022 . The deadline to file a status report on ECF certifying the close of fact discovery and all discovery is 11/10/2022 . The deadline to initiate any dispositive motions is 12/12/2022 , and should be done in accordance with the Individual Practices and Rules of Judge Allyne R. Ross As stated on the record, this case will be referred to the EDNY FLSA Mediation Panel on consent of the parties. Counsel shall exchange all relevant documents and records prior to mediation. The parties are directed to file a joint status letter by 6/21/2022 providing an update as to the status of mediation and case status. Ordered by Magistrate Judge Taryn A. Merkl on 3/29/2022. (AT&T Log #11:51-12:17.) (Devanathan, Deepa) |
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order
Order Referring Case to Mediation
Tue 03/29 1:11 PM
ORDER REFERRING CASE to Mediation. Mediation shall be completed by 6/14/2022 . Selection of Mediator due by 4/15/2022 . Ordered by Magistrate Judge Taryn A. Merkl on 3/29/2022. (Devanathan, Deepa) |
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adr
Mediation Instructions
Tue 03/29 1:12 PM
MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms. Counsel are to select a mediator, schedule the first mediation session, and file the name of the mediator, date, time and place of the first mediation session via CM/ECF using the event Selection of Mediator. For a list of the EDNY Mediators and their qualifications, see the Court's website at https://www.nyed.uscourts.gov/adr/Mediation/displayAll.cfm. EDNY Mediators are compensated in accordance with EDNY Local Civil Rule 83.8(f)(1)[formerly EDNY Local Civil Rule 83.11(f)(1)]. The Confidentiality Stipulation must be signed at the mediation session by all participants, including the mediator, and sent via email to Robyn_Weinstein@nyed.uscourts.gov. The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be submitted within two weeks following mediation session. (Weinstein, Robyn) |
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| Tuesday, March 22, 2022 | ||
| 23 | 23
misc
Case Management Statement
Tue 03/22 9:05 AM
CASE MANAGEMENT STATEMENT /Worksheet (Dodson, Penn) |
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| Wednesday, February 16, 2022 | ||
| 22 | 22
order
Scheduling Order
Wed 02/16 4:51 PM
SCHEDULING ORDER: A telephonic Initial Conference will be held on 3/29/2022 at 11:45 a.m. before Magistrate Judge Taryn A. Merkl. The parties are directed to call the toll-free number (877) 336-1839 . The access code is 3914302 . The parties shall dial in five (5) minutes before the scheduled conference. Counsel are directed to complete the attached Case Management Worksheet and electronically file same with the Court no later than 3/22/2022 . Should the parties wish to adopt a plan for discovery different from the structure in the worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. Ordered by Magistrate Judge Taryn A. Merkl on 2/16/2022. (Chan, Kaity) |
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| 21 | 21
answer
Answer to Complaint
Wed 02/16 11:57 AM
ANSWER to1 Complaint, by Benson Holdings LLC, J & M Psaras Realty, LLC, John Psaras Realty Management, John Psaras, Michael Psaras. (Metis, Peter) |
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| Thursday, January 27, 2022 | ||
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order
Order on Motion for Extension of Time to Answer
Thu 01/27 5:13 PM
ORDER: The Motion for Extension of Time to File20 is granted, on consent. Defendant shall file an Answer, move, or otherwise respond to the Complaint on or before 2/17/2022 . So Ordered by Magistrate Judge Taryn A. Merkl on 1/27/2022. (Devanathan, Deepa) |
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| Wednesday, January 26, 2022 | ||
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motion
Extension of Time to File Answer
Wed 01/26 12:45 PM
First MOTION for Extension of Time to File Answer by Benson Holdings LLC, J & M Psaras Realty, LLC, John Psaras Realty Management, John Psaras, Michael Psaras. (Metis, Peter) |
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| 19 | 19
notice
Notice of Appearance
Wed 01/26 12:42 PM
NOTICE of Appearance by Peter Metis on behalf of All Defendants (aty to be noticed) (Metis, Peter) |
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| Tuesday, January 18, 2022 | ||
| 18 | 18
service
Summons Returned Executed
Tue 01/18 1:59 PM
SUMMONS Returned Executed by Fasmir Feratovic. Michael Psaras served on 1/6/2022, answer due 1/27/2022. (Dodson, Penn) |
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service
Summons Returned Executed
Tue 01/18 1:58 PM
SUMMONS Returned Executed by Fasmir Feratovic. John Psaras served on 1/6/2022, answer due 1/27/2022. (Dodson, Penn) |
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| 16 | 16
service
Summons Returned Executed
Tue 01/18 1:57 PM
SUMMONS Returned Executed by Fasmir Feratovic. Benson Holdings LLC served on 1/6/2022, answer due 1/27/2022. (Dodson, Penn) |
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| 15 | 15
service
Summons Returned Executed
Tue 01/18 1:55 PM
SUMMONS Returned Executed by Fasmir Feratovic. J & M Psaras Realty, LLC served on 1/6/2022, answer due 1/27/2022. (Dodson, Penn) |
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| Wednesday, December 22, 2021 | ||
| 14 | 14
service
Summons Issued
Wed 12/22 11:40 AM
Summons Issued as to Benson Holdings LLC, John Psaras, Michael Psaras. (Lee, Tiffeny) |
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Att: 1
John Psaras,
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Att: 2
Michael Psaras
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| Thursday, December 16, 2021 | ||
| 13 | 13
misc
Proposed Summons/Civil Cover Sheet
Thu 12/16 10:23 AM
Proposed Summons. by Fasmir Feratovic (Dodson, Penn) |
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| 12 | 12
misc
Proposed Summons/Civil Cover Sheet
Thu 12/16 10:23 AM
Proposed Summons. by Fasmir Feratovic (Dodson, Penn) |
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| 11 | 11
misc
Proposed Summons/Civil Cover Sheet
Thu 12/16 10:22 AM
Proposed Summons. by Fasmir Feratovic (Dodson, Penn) |
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| Tuesday, December 14, 2021 | ||
| 10 | 10
service
Summons Issued
Tue 12/14 3:13 PM
Summons Issued as to J & M Psaras Realty, LLC. (Guzzi, Roseann) |
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| Monday, December 13, 2021 | ||
| 9 | 9
misc
Quality Control Check - Attorney Case Opening
Mon 12/13 2:56 PM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
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| 8 | 8
misc
Clerks Notice of Rule 73
Mon 12/13 2:55 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. (Bowens, Priscilla) |
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| 7 | 7
misc
Proposed Summons/Civil Cover Sheet
Mon 12/13 2:52 PM
Proposed Summons. by Fasmir Feratovic (Dodson, Penn) |
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| 6 | 6
misc
Proposed Summons/Civil Cover Sheet
Mon 12/13 2:13 PM
Proposed Summons. by Fasmir Feratovic (Dodson, Penn) |
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| 5 | 5
misc
Proposed Summons/Civil Cover Sheet
Mon 12/13 2:12 PM
Proposed Summons. by Fasmir Feratovic (Dodson, Penn) |
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| 4 | 4
misc
Proposed Summons/Civil Cover Sheet
Mon 12/13 2:12 PM
Proposed Summons. by Fasmir Feratovic (Dodson, Penn) |
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| 3 | 3
misc
Proposed Summons/Civil Cover Sheet
Mon 12/13 2:11 PM
Proposed Summons. by Fasmir Feratovic (Dodson, Penn) |
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| 2 | 2
misc
Proposed Summons/Civil Cover Sheet
Mon 12/13 2:05 PM
Civil Cover Sheet.. Re1 Complaint, by Fasmir Feratovic (Dodson, Penn) |
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| 1 | 1
cmp
Complaint
Mon 12/13 1:48 PM
COMPLAINT against J & M Psaras Realty, LLC, John Psaras Realty Management, John Psaras, Michael Psaras, Benson Holdings LLC filing fee $ 402, receipt number ANYEDC-15110367 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Fasmir Feratovic. (Dodson, Penn) Modified on 12/13/2021 (Bowens, Priscilla) |
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utility
Case Assigned/Reassigned
Mon 12/13 2:33 PM
Case Assigned to Judge Allyne R. Ross and Magistrate Judge Taryn A. Merkl. 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. (Bowens, Priscilla) |
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misc
Quality Control Check - Summons
Mon 12/13 2:59 PM
Your proposed summons was not issued for one of the following reasons: If multiple defendants, there must me a rider attached to the summons with the name and addresses of all defendants included., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (Bowens, Priscilla) |
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