Tesoriere et al v. Harway Terrace Inc et al
New York Eastern District Court | |
Judge: | Pamela K Chen |
Referred: | Marcia M Henry |
Case #: | 1:22-cv-04808 |
Nature of Suit | 443 Civil Rights - Housing/Accommodations |
Cause | 42:405 Fair Housing Act |
Case Filed: | Aug 16, 2022 |
Terminated: | Jul 13, 2023 |
Last checked: Sunday Feb 12, 2023 4:00 AM EST |
Defendant
Board of Directors of Harway Terrace, Inc.
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Represented By
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Defendant
Harway Terrace, Inc..
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Represented By
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Plaintiff
Anthony Tesoriere
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Represented By
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Plaintiff
Nancy Tesoriere
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Represented By
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TERMINATED PARTIES | |
Defendant
Nina Shalshina
Terminated: 01/30/2023
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Represented By
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Docket last updated: 05/26/2025 11:59 PM EDT |
Friday, November 03, 2023 | ||
39 | 39
![]() MANDATE of USCA as to35 Notice of Appeal filed by Anthony Tesoriere, Nancy Tesoriere. The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to FRAP 42. The stipulation is hereby "So Ordered". Issued as Mandate: 11/3/2023. USCA# 23-1127 (VJ) |
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Monday, October 30, 2023 | ||
38 | 38
![]() ORDER of USCA as to35 Notice of Appeal filed by Anthony Tesoriere, Nancy Tesoriere. This appeal was withdrawn subject to reinstatement upon terms agreed to by the parties. Counsel for the Appellants has submitted a timely notice of reinstatement. IT IS HEREBY ORDERED that the appeal is reinstated. Certified Copy Issued: 10/30/2023. USCA# 23-1127 (VJ) |
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Friday, October 27, 2023 | ||
37 | 37
![]() STATUS REPORT Reinstate Appeal Pursuant to Local Rules 42.1 and 31.2 by Anthony Tesoriere, Nancy Tesoriere (Marion, Amy) |
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Wednesday, September 27, 2023 | ||
36 | 36
![]() ORDER of USCA as to35 Notice of Appeal filed by Anthony Tesoriere, Nancy Tesoriere. ORDER Docket No. 23-1127 The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to Local Rule 42.1. The stipulation is hereby "So Ordered". Certified Copy Issued: 9/27/2023. USCA# 23-1127 (VJ) |
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Monday, August 07, 2023 | ||
35 | 35
![]() NOTICE OF APPEAL as to34 Clerk's Judgment,,, by Anthony Tesoriere, Nancy Tesoriere. Filing fee $ 505, receipt number ANYEDC-16964504. (Muldoon, John) |
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appeal
Electronic Index to Record on Appeal
Mon 08/07 8:34 AM
Electronic Index to Record on Appeal sent to US Court of Appeals.35 Notice of Appeal Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (VJ) |
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Thursday, July 13, 2023 | ||
34 | 34
![]() CLERK'S JUDGMENT: That plaintiffs' federal Fair Housing Act §§ 3604 and 3617 claims are dismissed for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6) and for lack of subject matter jurisdiction under Rule 12(b)(1); and that the Court declines to exercise supplemental jurisdiction over the remaining state law claims. See Brzak v. United Nations, 597 F.3d 107, 11314 (2d Cir. 2010) (explaining that when "a plaintiff's federal claims are dismissed before trial,'the state claims should be dismissed as well.'" (quoting Cave v. E. Meadow Union Free. Sch. Dist., 514 F.3d 240, 250 (2d Cir. 2008)). Signed by Brenna B. Mahoney, Clerk of Court by J. Poveda, Deputy Clerk on 7/12/2023. (ML) |
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Monday, July 10, 2023 | ||
minutes
Pre Motion Conference Order on Motion to Dismiss for Failure to State a Claim Order on Motion to Dismiss/Lack of Jurisdiction
Mon 07/10 4:04 PM
Minute Order for proceedings held before Judge Pamela K. Chen: The Court grants Defendants'32 motion to dismiss. Pre-Motion Conference held on 7/10/2023. Case called. Discussion held. For the reasons stated on the record, Plaintiffs' federal Fair Housing Act §§ 3604 and 3617 claims are dismissed for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6) and for lack of subject matter jurisdiction under Rule 12(b)(1). The Court declines to exercise supplemental jurisdiction over the remaining state law claims. See Brzak v. United Nations , 597 F.3d 107, 11314 (2d Cir. 2010) (explaining that when "a plaintiff's federal claims are dismissed before trial, 'the state claims should be dismissed as well.'" (quoting Cave v. E. Meadow Union Free. Sch. Dist. , 514 F.3d 240, 250 (2d Cir. 2008)). Thus, the case is dismissed in its entirety. The Clerk of Court is respectfully directed to enter judgment accordingly. (Court Reporter Linda Marino.) (LC) |
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Monday, June 26, 2023 | ||
order
Scheduling Order
Mon 06/26 10:24 AM
ORDER: Due to a conflict in the Court's calendar, the 6/29/2023 pre-motion conference is rescheduled for 7/10/2023 at 11:00 AM via WebEx before Judge Pamela K. Chen. The parties will receive the WebEx link via email. The public may listen in to the audio of the video conference by calling the conference number 1-650-479-3207 and using the access code 2302 145 5537. Ordered by Judge Pamela K. Chen on 6/26/2023. (LC) |
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Tuesday, June 20, 2023 | ||
order
Order on Motion for Pre Motion Conference
Tue 06/20 2:17 PM
ORDER: The Court grants Plaintiffs'31 Motion for Pre-Motion Conference. The Court will hold a pre-motion conference on June 29, 2023 at 2:30 pm via video on WebEx. The parties will receive the WebEx link via email. The public may listen in to the audio of the video conference by calling the conference number 1-650-479-3207 and using the access code 2302 145 5537. Plaintiffs are Ordered to Show Cause at the pre-motion conference why this case should not dismissed for lack of standing. ( See generally Dkt. 33; see Dkt. 32, at 21-25 (explaining why Plaintiffs' discrimination claims were mooted when Defendants voluntarily stopped the challenged actions and why Plaintiffs' case should be dismissed for lack of standing).) See also Brzak v. United Nations , 597 F.3d 107, 113-14 (2d Cir. 2010) (explaining that pursuant to 28 U.S.C. 1337(c), when "a plaintiff's federal claims are dismissed before trial, 'the state claims should be dismissed as well'" (quoting Cave v. E. Meadow Union Free Sch. Dist. , 514 F.3d 240, 250 (2d Cir. 2008))). Moreover, the briefing for Defendants' motion to dismiss is stayed pending the outcome of the June 29th pre-motion conference. Ordered by Judge Pamela K. Chen on 6/20/2023. (LC) |
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Friday, June 16, 2023 | ||
33 | 33
![]() Letter to Judge Chen in Response to Plaintiffs' Pre-Motion Letter (ECF 31) for Partial Summary Judgment by Board of Directors of Harway Terrace, Inc., Harway Terrace, Inc.. (Causey, Annie) |
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Monday, June 12, 2023 | ||
32 | 32
![]() MOTION to Dismiss for Failure to State a Claim pursuant to Rule 12(b)(6) , MOTION to Dismiss for Lack of Jurisdiction pursuant to Rule 12(b)(1) by Board of Directors of Harway Terrace, Inc., Harway Terrace, Inc... (Causey, Annie) |
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Friday, June 09, 2023 | ||
31 | 31
![]() First MOTION for pre motion conference by Anthony Tesoriere, Nancy Tesoriere. (Marion, Amy) |
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Thursday, June 08, 2023 | ||
minutes
Settlement Conference
Thu 06/08 7:08 PM
MINUTE ENTRY for proceedings held before Magistrate Judge Marcia M. Henry: A video settlement conference was held in this case on 06/08/2023 . John Muldoon and Amy Marion appeared on behalf of Plaintiff Anthony Tesoriere, who also appeared. Annie Causey and James Woods appeared on behalf of the Defendants with Vladimir Kotsek, representative of Defendants. The parties did not reach a resolution. All deadlines in the Court's 05/09/2023 Order remain in effect. So Ordered by Magistrate Judge Marcia M. Henry on 06/08/2023. (Zoom Log # 2:05PM-3:49PM) (RC) |
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Wednesday, June 07, 2023 | ||
order
~Util - Set Hearings 1 - Terminate Hearings
Wed 06/07 4:09 PM
ORDER: The in-person settlement conference scheduled for 06/08/2023 at 2:00PM is converted to a video settlement conference . All parties are directed to appear via Video using the Zoom invitation link sent to the email address listed on the docket. The parties shall join the video call (5) minutes before the conference. So Ordered by Magistrate Judge Marcia M. Henry on 06/07/2023. (RC) |
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Thursday, May 18, 2023 | ||
order
~Util - Set Hearings
Thu 05/18 4:59 PM
SCHEDULING ORDER: An in-person settlement conference will be held on 06/08/2023 at 2:00PM in Courtroom 504 North before Magistrate Judge Marcia M. Henry. Plaintiffs, a representative for Defendants with full settlement authority, and counsel must attend . The parties shall submit their confidential ex parte settlement positions to henry_chambers@nyed.uscourts.gov no later than 06/01/2023 . Counsel shall review and comply with the Court's Standing Order for Settlement Conferences in preparation for the conference, which is available on the Court's website. Any requests to adjourn the conference shall be filed on ECF by 06/01/2023 . So Ordered by Magistrate Judge Marcia M. Henry on 05/18/2023. (RC) |
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Tuesday, May 09, 2023 | ||
order
Order on Motion for Extension of Time to File
Tue 05/09 11:12 AM
ORDER: The Court grants the parties'30 joint motion for extension of time to file. The new briefing schedule is as follows: (1) Defendants' motion due by 6/12/2023; (2) Plaintiffs' response due by 7/12/2023; (3) Defendants' reply, if any, due by 7/26/2023. The parties' request for a settlement conference with a magistrate judge is also granted. The Court respectfully refers the settlement conference to the Honorable Marcia M. Henry. Ordered by Judge Pamela K. Chen on 5/9/2023. (LC) |
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Monday, May 08, 2023 | ||
30 | 30
![]() Joint MOTION for Extension of Time to File Defendants' Rule 12(b)(6) Motion to Dismiss the First Amended Complaint and for Order of reference to Magistrate Judge for Virtual Settlement Conference by Board of Directors of Harway Terrace, Inc., Harway Terrace, Inc... (Causey, Annie) |
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Tuesday, April 04, 2023 | ||
29 | 29
![]() First MOTION for Extension of Time to File Defendants' Rule 12(b)(6) Motion to Dismiss the First Amended Complaint by Board of Directors of Harway Terrace, Inc., Harway Terrace, Inc... (Causey, Annie) |
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order
Order on Motion for Extension of Time to File
Tue 04/04 12:53 PM
ORDER: The Court grants the parties' joint29 Motion for Extension of Time to File. The Court adopts the parties' proposed schedule with modifications because two of the parties' proposed dates are on weekends: (1) Defendants' motion to dismiss due by 5/10/2023; (2) Plaintiffs' response due by 6/12/2023; (3) Defendants' reply, if any, due by 6/26/2023. Ordered by Judge Pamela K. Chen on 4/4/2023. (LC) |
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Thursday, March 09, 2023 | ||
minutes
Pre Motion Conference
Fri 03/10 5:39 AM
Minute Entry for proceedings held before Judge Pamela K. Chen: Pre Motion Conference held on 3/9/2023. Appearances by John Muldoon for plaintiffs and Annie Causey for defendants. Case called. Discussion held regarding defendant's26 motion for a pre motion conference. The Court set the following briefing schedule: defendant's motion to dismiss due by 4/10/2023; plaintiff's response due by 5/10/2023, defendant's reply, if any, due by 5/24/2023. As a courtesy to the Court, the parties are encouraged to not file their motion papers until the motion is fully briefed. If the parties follow this practice, the motion and all supporting papers are to be served on the other parties along with a cover letter setting forth whom the movant represents and the papers being served. Only a copy of the cover letter should be filed electronically, as a letter, not as a motion. On the day the motion is fully briefed, each party shall electronically file its moving papers. (Court Reporter Victoria Torres Butler.) (FG) |
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Monday, January 30, 2023 | ||
28 | 28
![]() NOTICE of Voluntary Dismissal by Anthony Tesoriere, Nancy Tesoriere Stipulation of Partial Discontinuance solely as to Defendant Shalshina as per Court Order (Muldoon, John) |
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order
Order Dismissing Parties
Mon 01/30 2:26 PM
ORDER: The28 Stipulation of Partial Discontinuance as to Defendant Nina Shalshina is So Ordered. Ordered by Judge Pamela K. Chen on 1/30/2023. (LC) |
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Friday, January 27, 2023 | ||
order
Scheduling Order
Fri 01/27 10:18 AM
ORDER: The Court is in receipt of the parties'26 and27 letters. The parties shall appear for a pre-motion conference to discuss Defendants' contemplated motion to dismiss on 3/9/2023, at 11:15 AM in Courtroom 4F North at 225 Cadman Plaza East. Ordered by Judge Pamela K. Chen on 1/27/2023. (LC) |
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utility
Terminate Motions (filed in error)
Fri 01/27 10:18 AM
Motions terminated, docketed incorrectly:26 MOTION to Dismiss for Failure to State a Claim Motion for Pre-Motion Conference to Dismiss the First Amended Complaint (ECF 25) filed by Nina Shalshina, Board of Directors of Harway Terrace, Inc., Harway Terrace, Inc. This is not a motion to dismiss , it is a motion for a pre-motion conference. No further action needed. Do not refile this document. (FG) |
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order
Scheduling Order
Fri 01/27 12:40 PM
ORDER: Plaintiffs indicated that they would like to dismiss Defendant Nina Shalshina as a party to this case. ( See Dkt. 27, at 3.) To that end, Plaintiffs are directed to file a stipulation for dismissal as to Defendant Shalshina pursuant to Federal Rule of Civil Procedure 41(a)(1) by 2/17/2023. Ordered by Judge Pamela K. Chen on 1/27/2023. (LC) |
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Monday, January 16, 2023 | ||
27 | 27
![]() RESPONSE to Motion re26 MOTION to Dismiss for Failure to State a Claim Motion for Pre-Motion Conference to Dismiss the First Amended Complaint (ECF 25) filed by All Plaintiffs. (Marion, Amy) |
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Monday, January 09, 2023 | ||
26 | 26
![]() MOTION to Dismiss for Failure to State a Claim Motion for Pre-Motion Conference to Dismiss the First Amended Complaint (ECF 25) by Board of Directors of Harway Terrace Inc, Harway Terrace Inc, Nina Shalshina. (Causey, Annie) |
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Monday, December 19, 2022 | ||
25 | 25
![]() AMENDED COMPLAINT against All Defendants, filed by Anthony Tesoriere, Nancy Tesoriere. (Muldoon, John) |
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Friday, November 18, 2022 | ||
24 | 24
![]() NOTICE of Appearance by Amy Beth Marion on behalf of All Plaintiffs (aty to be noticed) (Marion, Amy) |
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minutes
Pre Motion Conference
Fri 11/18 4:05 PM
Minute Entry for proceedings held before Judge Pamela K. Chen: Pre-Motion Conference held on 11/18/2022. Case called. Appearances by John Muldoon and Amy Marion for Plaintiffs; and Annie Causey for Defendants. Discussions held. For the reasons stated on the record, Plaintiffs are directed to file an Amended Complaint by 12/19/2022, as to which Defendants have until 1/9/2023 to answer or renew their request to file a motion to dismiss by filing a pre-motion conference request. (Court Reporter Stacy Mace.) (LC) |
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Thursday, November 10, 2022 | ||
order
Scheduling Order
Thu 11/10 12:33 PM
RESCHEDULING ORDER: The pre motion conference on November 18, 2022 at 11:15 AM will now be happening in person. The conference is set for the same date and time in Courtroom 4F North. Ordered by Judge Pamela K. Chen on 11/10/2022. (LC) |
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Tuesday, November 08, 2022 | ||
order
Order on Motion for Pre Motion Conference
Tue 11/08 6:12 PM
ORDER: Defendants'19 motion for pre-motion conference is GRANTED. The Court will hold a pre-motion conference on November 18, 2022 at 11:15 AM via video on WebEx. The parties will receive the WebEx link via email. The public may listen to the audio of the video conference by calling the conference number 1-650-479-3207, and using the access code 2300 490 4639. Ordered by Judge Pamela K. Chen on 11/8/2022. (LC) |
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Monday, November 07, 2022 | ||
23 | 23
![]() Letter by Anthony Tesoriere, Nancy Tesoriere (Muldoon, John) |
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Sunday, November 06, 2022 | ||
22 | 22
![]() Letter in Response to Defendants' Pre-Motion Letter by Nancy Tesoriere (Marion, Amy) |
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21 | 21
![]() RESPONSE in Opposition re19 MOTION for pre motion conference to dismiss the complaint filed by All Plaintiffs. (Marion, Amy) |
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Thursday, November 03, 2022 | ||
20 | 20
![]() NOTICE of Change of Mailing Address / Office Address Once the filing has been made, you must login to www.pacer.gov and update your account. (Causey, Annie) |
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19 | 19
![]() MOTION for pre motion conference to dismiss the complaint by Board of Directors of Harway Terrace Inc, Harway Terrace Inc, Nina Shalshina. (Causey, Annie) |
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Wednesday, September 14, 2022 | ||
18 | 18
![]() NOTICE of Appearance by Annie Erin Causey on behalf of All Defendants (aty to be noticed) (Causey, Annie) |
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17 | 17
![]() NOTICE of Appearance by James F Woods on behalf of All Defendants (aty to be noticed) (Woods, James) |
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16 | 16
![]() STIPULATION AND WAIVER OF SERVICE OF THE SUMMONS by Board of Directors of Harway Terrace Inc, Harway Terrace Inc, Nina Shalshina (Woods, James) |
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Thursday, August 25, 2022 | ||
15 | 15
![]() SUMMONS Returned Executed by Anthony Tesoriere, Nancy Tesoriere. Nina Shalshina served on 8/22/2022, answer due 9/12/2022. (Marion, Amy) |
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14 | 14
![]() SUMMONS Returned Executed by Anthony Tesoriere, Nancy Tesoriere. Board of Directors of Harway Terrace Inc served on 8/22/2022, answer due 9/12/2022. (Marion, Amy) |
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13 | 13
![]() SUMMONS Returned Executed by Anthony Tesoriere, Nancy Tesoriere. Harway Terrace Inc served on 8/22/2022, answer due 9/12/2022. (Marion, Amy) |
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Tuesday, August 16, 2022 | ||
12 | 12
![]() Summons Issued as to Board of Directors of Harway Terrace Inc, Harway Terrace Inc, Nina Shalshina. (Layne, Monique) |
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11 | 11
![]() Proposed Summons. Re1 Complaint,, by Anthony Tesoriere, Nancy Tesoriere (Muldoon, John) |
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10 | 10
![]() Proposed Summons. Re1 Complaint,, by Anthony Tesoriere, Nancy Tesoriere (Muldoon, John) |
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9 | 9
![]() Proposed Summons. Re1 Complaint,, by Anthony Tesoriere, Nancy Tesoriere (Muldoon, John) |
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8 | 8
![]() Proposed Summons. Re1 Complaint,, by Anthony Tesoriere, Nancy Tesoriere (Muldoon, John) |
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7 | 7
![]() 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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6 | 6
![]() 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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5 | 5
![]() Civil Cover Sheet.. Re1 Complaint,, by Anthony Tesoriere, Nancy Tesoriere (Muldoon, John) |
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4 | 4
![]() Proposed Summons. Re1 Complaint,, by Anthony Tesoriere, Nancy Tesoriere (Muldoon, John) |
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3 | 3
![]() Proposed Summons. Re1 Complaint,, by Anthony Tesoriere, Nancy Tesoriere (Muldoon, John) |
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2 | 2
![]() Proposed Summons. Re1 Complaint,, by Anthony Tesoriere, Nancy Tesoriere (Muldoon, John) |
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1 | 1
![]() COMPLAINT against All Defendants filing fee $ 402, receipt number ANYEDC-15848068 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Anthony Tesoriere, Nancy Tesoriere. (Muldoon, John) |
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utility
Case Assigned/Reassigned
Tue 08/16 1:38 PM
Case Assigned to Judge Pamela K. Chen and Magistrate Judge Marcia M. Henry. 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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misc
Quality Control Check - Summons
Tue 08/16 1:45 PM
Your proposed summons was not issued for one of the following reasons: The CLERK OF COURT name needs to be updated/corrected. Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (Davis, Kimberly) |