New York Southern District Court
Judge:Colleen Mcmahon
Case #: 1:23-cv-00778
Nature of Suit896 Other Statutes - Arbitration
Cause28:1332 Diversity Action
Case Filed:Jan 30, 2023
Terminated:Oct 18, 2023
Last checked: Saturday Jul 29, 2023 5:59 AM EDT
Petitioner
US Rising Star Inc.
Represented By
Zhihui (Julie) Guo
contact info
Respondent
Amazon.com Services LLC
Represented By
John A. Goldmark, I
Davis Wright Tremaine LLP
contact info
John Michael Magliery
Davis Wright Tremaine Llp (nyc)
contact info
Arthur A. Simpson
Davis Wright Tremaine LLP
contact info
Respondent
Amazon.com, Inc.
Represented By
John A. Goldmark, I
Davis Wright Tremaine LLP
contact info
John Michael Magliery
Davis Wright Tremaine Llp (nyc)
contact info
Arthur A. Simpson
Davis Wright Tremaine LLP
contact info


Docket last updated: 2 hours ago
Tuesday, October 22, 2024
43 43 appeal USCA Mandate Tue 10/22 4:03 PM
MANDATE of USCA (Certified Copy) as to42 Notice of Appeal, filed by US Rising Star Inc. USCA Case Number 23-7593 23-7809 UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgments, entered on September 26, 2023 and October 18, 2023, are AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 10/22/2024.(km)
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appeal Transmission of USCA Mandate/Order to District Judge Tue 10/22 4:04 PM
Transmission of USCA Mandate/Order to the District Judge re:43 USCA Mandate.(km)
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Thursday, November 16, 2023
appeal Transmission of Notice of Appeal and Docket Sheet to USCA Thu 11/16 6:49 AM
Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re:42 Notice of Appeal. (tp)
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appeal Appeal Record Sent to USCA - Electronic File Thu 11/16 6:50 AM
Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for42 Notice of Appeal, filed by US Rising Star Inc. were transmitted to the U.S. Court of Appeals. (tp)
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Wednesday, November 15, 2023
42 42 1 pgs appeal Notice of Appeal Wed 11/15 5:43 PM
NOTICE OF APPEAL from39 Order on Motion to Confirm Arbitration, Order on Motion to Vacate Arbitration,,,,40 Clerk's Judgment,,. Document filed by US Rising Star Inc.. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Guo, Zhihui (Julie))
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41 41 appeal Notice of Appeal Wed 11/15 3:23 PM
FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE OF APPEAL from39 Order on Motion to Confirm Arbitration, Order on Motion to Vacate Arbitration,,,,40 Clerk's Judgment,,. Document filed by US Rising Star Inc.. Filing fee $ 505.00, receipt number ANYSDC-28574244. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Guo, Zhihui (Julie)) Modified on 11/15/2023 (km)
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misc Notice to Attorney Regarding Deficient Appeal Wed 11/15 3:53 PM
***NOTICE TO ATTORNEY REGARDING DEFICIENT APPEAL. Notice to attorney Zhihui (Julie) Guo to RE-FILE Document No. 41 Notice of Appeal. The filing is deficient for the following reason(s): The Petitioner's name is misspelled on the document. Re-file the appeal using the event type Notice of Appeal found under the event list Appeal Documents - attach the correct signed PDF - select the correct named filer/filers - select the correct order/judgment being appealed. (km)
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Wednesday, October 18, 2023
40 40 1 pgs order Judgment - Clerk Wed 10/18 3:36 PM
CLERK'S JUDGMENT re:39 Order on Motion to Confirm Arbitration, Order on Motion to Vacate Arbitration in favor of Amazon.com Services LLC, Amazon.com, Inc. against US Rising Star Inc. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Decision and Order dated October 18, 2023, the motion to vacate the award is DENIED. The motion to confirm the award is GRANTED. Judgment is entered in favor of the Respondents confirming the arbitration award and dismissing the petitioner; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 10/18/2023) (km)
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Att: 1 Appeal Package
39 39 8 pgs order Order on Motion to Confirm Arbitration Order on Motion to Vacate Arbitration Wed 10/18 1:08 PM
DECISION AND ORDER DENYING PETITIONER'S MOTION TO VACATE AWARD AND GRANTING RESPONDENTS' MOTION TO CONFIRM AWARD granting27 Motion to Confirm Arbitration; denying25 Motion to Vacate Arbitration. The motion to vacate the award is DENIED. The motion to confirm the award is GRANTED. The Clerk of Court is directed to remove the motions at Dockets## 25 and 27 from the list of open motions; to enter judgment in favor of the Respondents confirming the arbitration award and dismissing the petitioner; and to close the case. This constitutes a written opinion. (Signed by Judge Colleen McMahon on 10/18/23) BY ECF TO ALL COUNSEL. (yv)
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Friday, September 29, 2023
38 38 23 pgs notice Notice (Other) Fri 09/29 7:17 PM
NOTICE of Supplemental Authority Re: Motion to Vacate and Confirm. Document filed by Amazon.com Services LLC, Amazon.com, Inc...(Magliery, John)
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Wednesday, September 20, 2023
37 37 misc Letter Wed 09/20 9:44 AM
LETTER addressed to Judge Colleen McMahon from JULIE GUO dated September 20, 2023 re: request for oral argument. Document filed by US Rising Star Inc...(Guo, Zhihui (Julie))
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Tuesday, September 19, 2023
36 36 respm Reply Memorandum of Law in Support of Motion Tue 09/19 6:47 PM
REPLY MEMORANDUM OF LAW in Support re:27 CROSS MOTION to Confirm Arbitration Award . . Document filed by Amazon.com Services LLC, Amazon.com, Inc...(Magliery, John)
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Friday, September 08, 2023
35 35 order Order on Motion for Extension of Time to File Fri 09/08 5:17 PM
ORDER granting34 Letter Motion for Extension of Time to File. OK. (Signed by Judge Colleen McMahon on 9/8/23) (yv)
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utility Set/Reset Deadlines Fri 09/08 5:18 PM
Set/Reset Deadlines: Replies due by 9/19/2023. (yv)
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Thursday, September 07, 2023
34 34 motion Extension of Time to File Document Thu 09/07 8:19 PM
LETTER MOTION for Extension of Time to File Reply Brief, addressed to Judge Colleen McMahon from John M. Magliery dated September 7, 2023. Document filed by Amazon.com Services LLC, Amazon.com, Inc...(Magliery, John)
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Tuesday, September 05, 2023
33 33 order Memo Endorsement Tue 09/05 2:43 PM
MEMO ENDORSEMENT on re:30 Letter filed by Amazon.com Services LLC, Amazon.com, Inc. ENDORSEMENT: Late filing allowed. I will rule on the merits. (Signed by Judge Colleen McMahon on 9/5/2023) (tro)
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Friday, August 25, 2023
32 32 misc Letter Fri 08/25 11:20 PM
LETTER addressed to Judge Colleen McMahon from JULIE GUO dated August 25, 2023 re: Explanation of the late filing of the reply memo. Document filed by US Rising Star Inc...(Guo, Zhihui (Julie))
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31 31 respm Reply Memorandum of Law in Support of Motion Fri 08/25 10:05 PM
REPLY MEMORANDUM OF LAW in Support re:25 AMENDED MOTION to Vacate Arbitration . . Document filed by US Rising Star Inc...(Guo, Zhihui (Julie))
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Thursday, August 17, 2023
30 30 misc Letter Thu 08/17 8:46 PM
LETTER addressed to Judge Colleen McMahon from John M. Magllery dated August 17, 2023 re: 6/14/202324 Memo Endorsement - Briefing Schedule. Document filed by Amazon.com Services LLC, Amazon.com, Inc...(Magliery, John)
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Friday, July 21, 2023
29 29 3 pgs respm Declaration in Support of Motion Fri 07/21 7:12 PM
DECLARATION of John M. Magliery in Opposition to Petitioner's Motion to Vacate the Award and in Support re:27 CROSS MOTION to Confirm Arbitration Award .. Document filed by Amazon.com Services LLC, Amazon.com, Inc...(Magliery, John)
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Att: 1 Exhibit A (2022.09.30 Arbitrator's Final Award),
Att: 2 19 pgs Exhibit B (2022.08.30 Amazon's Arbitration Brief),
Att: 3 Exhibit C (RX2 - BSA),
Att: 4 Exhibit D (RX4 - Customer product reviews policy),
Att: 5 Exhibit E (2022.04.08 Arbitration Demand),
Att: 6 3 pgs Exhibit F (2022.06.05 AAA Ltr re Appointed Arbitrator),
Att: 7 Exhibit G (2022.05.16 Arbitrators' Resumes),
Att: 8 9 pgs Exhibit H (2022.06.22 Scheduling Order No. 1),
Att: 9 36 pgs Exhibit I (Claimant Initial Submission 2022-08-30),
Att: 10 20 pgs Exhibit J (CLAIMANT REPLY BRIEF 2022-09-07),
Att: 11 13 pgs Exhibit K (Responsive Arbitration Brief),
Att: 12 Exhibit L (2022.08.04 Award),
Att: 13 Exhibit M (2022.11.30 Final Award),
Att: 14 Exhibit N (2022.12.15 Final Award),
Att: 15 Exhibit O (2023.01.23 Final Award),
Att: 16 Exhibit P (2023.02.13 Final Award)
28 28 25 pgs respm Memorandum of Law in Support of Motion Fri 07/21 6:50 PM
MEMORANDUM OF LAW in Support re:27 CROSS MOTION to Confirm Arbitration Award . (Memorandum in Opposition to Motion to Vacate Arbitration Award) . Document filed by Amazon.com Services LLC, Amazon.com, Inc...(Magliery, John)
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27 27 2 pgs motion Confirm Arbitration Fri 07/21 6:43 PM
CROSS MOTION to Confirm Arbitration Award . Document filed by Amazon.com Services LLC, Amazon.com, Inc...(Magliery, John)
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Friday, June 23, 2023
26 26 20 pgs respm Memorandum of Law in Support of Motion Fri 06/23 9:51 PM
AMENDED MEMORANDUM OF LAW in Support re:25 AMENDED MOTION to Vacate Arbitration . . Document filed by US Rising Star Inc...(Guo, Zhihui (Julie))
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Att: 1 Exhibit Amazon Seller Himalaya v. Amazon Final Award,
Att: 2 Exhibit Amazon Seller Sanyixiang v. Amazon Final Award,
Att: 3 Exhibit Amazon Seller Haipa v. Amazon Final Award
25 25 1 pgs motion Vacate Arbitration Fri 06/23 9:46 PM
AMENDED MOTION to Vacate Arbitration . Document filed by US Rising Star Inc.. Return Date set for 7/24/2023 at 06:00 PM..(Guo, Zhihui (Julie))
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Wednesday, June 14, 2023
24 24 order Memo Endorsement ~Util - Set Deadlines Wed 06/14 3:45 PM
MEMO ENDORSEMENT on re:23 Letter, filed by Amazon.com Services LLC, Amazon.com, Inc.. ENDORSEMENT: No need for a conference and your briefing schedule is fine. SO ORDERED. (Cross Motions due by 7/21/2023., Motions due by 6/22/2023., Replies due by 8/18/2023., Responses due by 7/21/2023) (Signed by Judge Colleen McMahon on 6/14/2023) (kv)
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23 23 misc Letter Wed 06/14 11:48 AM
LETTER addressed to Judge Colleen McMahon from John M. Magliery dated June 14, 2023 re: the parties' proposed briefing schedule relating to US Rising Star Inc.'s motion to vacate an arbitration award and Amazon's anticipated cross-motion to confirm the award; and joint request that the Court cancel the preliminary conference scheduled for tomorrow, June 15, 2023. Document filed by Amazon.com Services LLC, Amazon.com, Inc...(Magliery, John)
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Tuesday, May 23, 2023
22 22 9 pgs order Order on Motion to Remand Tue 05/23 4:20 PM
DECISION AND ORDER DENYING MOTION FOR REMAND denying11 Motion to Remand. Since this court has diversity jurisdiction over Rising Star's petition, its motion for remand is DENIED. The clerk is respectively directed to close the motion at Docket No. 11 and to remove it from the court's list of open motions.. (Signed by Judge Colleen McMahon on 5/23/2023) BY ECF TO ALL COUNSEL (kv)
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Monday, May 22, 2023
21 21 order Memo Endorsement ~Util - Set Hearings Mon 05/22 11:45 AM
MEMO ENDORSEMENT on re:20 Letter filed by US Rising Star Inc. ENDORSEMENT: Conference adjourned to 6/15/2023 at 11:45a.m.. SO ORDERED. ( Initial Conference set for 6/15/2023 at 11:45 AM before Judge Colleen McMahon.) (Signed by Judge Colleen McMahon on 5/22/2023) (kv)
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Friday, May 19, 2023
20 20 misc Letter Fri 05/19 8:44 PM
FIRST LETTER addressed to Judge Colleen McMahon from JULIE GUO dated 05/19/2023 re: Adjournment of the conference. Document filed by US Rising Star Inc...(Guo, Zhihui (Julie))
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Wednesday, May 17, 2023
19 19 order Memo Endorsement ~Util - Set Deadlines/Hearings Wed 05/17 2:45 PM
MEMO ENDORSEMENT on re:18 Letter filed by Amazon.com Services LLC, Amazon.com, Inc. ENDORSEMENT: Conference adjourned to 5/25/2023 at 11:15 a.m. (Initial Conference set for 5/25/2023 at 11:15 AM before Judge Colleen McMahon.) (Signed by Judge Colleen McMahon on 5/17/2023) (rro)
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Wednesday, May 10, 2023
18 18 misc Letter Wed 05/10 6:07 PM
LETTER addressed to Judge Colleen McMahon from John M. Magliery dated 5/10/2023 re: clarifying Pre-Trial Conference date. Document filed by Amazon.com Services LLC, Amazon.com, Inc...(Magliery, John)
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Friday, May 05, 2023
17 17 respm Reply Memorandum of Law in Support of Motion Fri 05/05 5:13 PM
FIRST REPLY MEMORANDUM OF LAW in Support re:11 MOTION to Remand . . Document filed by US Rising Star Inc...(Guo, Zhihui (Julie))
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Friday, April 21, 2023
16 16 18 pgs respm Memorandum of Law in Opposition to Motion Fri 04/21 6:55 PM
MEMORANDUM OF LAW in Opposition re:11 MOTION to Remand . . Document filed by Amazon.com Services LLC, Amazon.com, Inc...(Magliery, John)
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Tuesday, March 28, 2023
15 15 2 pgs order Order on Motion to Appear Pro Hac Vice Tue 03/28 2:23 PM
ORDER FOR ADMISSION OF ARTHUR SIMPSON PRO HAC VICE granting13 Motion for Arthur Simpson to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 3/28/2023) (rro)
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14 14 2 pgs order Order on Motion to Appear Pro Hac Vice Tue 03/28 2:21 PM
ORDER FOR ADMISSION OF JOHN A. GOLDMARK PRO HAC VICE granting12 Motion for John A. Goldmark to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 3/28/2023) (rro)
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misc Notice Regarding Pro Hac Vice Motion Tue 03/28 11:15 AM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 12 MOTION for John A. Goldmark to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27522677. Motion and supporting papers to be reviewed by Clerk's Office staff., 13 MOTION for Arthur Simpson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27525638. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea)
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Monday, March 27, 2023
13 13 motion Appear Pro Hac Vice Mon 03/27 6:40 PM
MOTION for Arthur Simpson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27525638. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Amazon.com Services LLC, Amazon.com, Inc...(Simpson, Arthur)
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Att: 1 Affidavit with Exhibit A (Certificate of Good Standings),
Att: 2 Text of Proposed Order (Pro Hac Vice Admission of Arthur Simpson)
12 12 motion Appear Pro Hac Vice Mon 03/27 2:02 PM
MOTION for John A. Goldmark to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27522677. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Amazon.com Services LLC, Amazon.com, Inc...(Goldmark, John)
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Att: 1 Affidavit in Support with Certificate of Good Standing,
Att: 2 Text of Proposed Order for Admission of John A. Goldmark Pro Hac Vice
Wednesday, March 22, 2023
11 11 18 pgs motion Remand Wed 03/22 2:12 PM
MOTION to Remand . Document filed by US Rising Star Inc.. Return Date set for 5/12/2023 at 09:30 AM..(Guo, Zhihui (Julie))
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Thursday, March 16, 2023
10 10 order Memo Endorsement ~Util - Set Deadlines Thu 03/16 11:11 AM
MEMO ENDORSEMENT on re:9 Letter filed by Amazon.com Services LLC, Amazon.com, Inc.. ENDORSEMENT: The schedule is fine with me. SO ORDERED. (Motions due by 3/22/2023., Replies due by 5/5/2023., Responses due by 4/21/2023) (Signed by Judge Colleen McMahon on 3/15/2023) (kv) Modified on 3/16/2023 (kv)
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Tuesday, March 14, 2023
9 9 misc Letter Tue 03/14 2:07 PM
LETTER addressed to Judge Colleen McMahon from John M. Magliery dated March 14, 2023 re: Motion to Remand Briefing Schedule and the Initial Pre-Trial Conference. Document filed by Amazon.com Services LLC, Amazon.com, Inc...(Magliery, John)
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Wednesday, March 01, 2023
8 8 notice Notice of Appearance Wed 03/01 1:18 PM
NOTICE OF APPEARANCE by Zhihui (Julie) Guo on behalf of US Rising Star Inc...(Guo, Zhihui (Julie))
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Tuesday, February 28, 2023
7 7 6 pgs order Order for Initial Pretrial Conference Tue 02/28 3:09 PM
ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE: Initial Conference set for 5/18/2023 at 10:30 AM before Judge Colleen McMahon. Parties should dial in at 1(888) 363-4749, access code (9054506) to join the conference. (Signed by Judge Colleen McMahon on 2/28/2023) (vfr)
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Friday, February 17, 2023
utility Case Declined as Not Related Fri 02/17 2:23 PM
CASE DECLINED AS NOT RELATED. Case referred as related to 22CV10119 and declined by Judge Ronnie Abrams and returned to wheel for assignment. (vba)
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notice Notice of Case Assignment/Reassignment Fri 02/17 2:26 PM
NOTICE OF CASE REASSIGNMENT to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (vba)
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utility Case Designation Fri 02/17 2:28 PM
Magistrate Judge Stewart D. Aaron 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] . (vba)
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Tuesday, January 31, 2023
6 6 service Certificate of Service Other Tue 01/31 1:21 PM
CERTIFICATE OF SERVICE of Notice of Removal on 1/30/2023. Document filed by Amazon.com Services LLC, Amazon.com, Inc...(Magliery, John)
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5 5 misc Civil Cover Sheet Tue 01/31 12:55 PM
CIVIL COVER SHEET filed..(Magliery, John)
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notice Case Opening Initial Assignment Notice Tue 01/31 10:11 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(pc)
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utility Case Designated ECF Tue 01/31 10:11 AM
Case Designated ECF. (pc)
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utility Case Referred as Possibly Related/Similar Tue 01/31 10:12 AM
CASE REFERRED TO Judge Ronnie Abrams as possibly related to 22cv10119 (pc)
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misc Notice to Attorney Regarding Party Modification Tue 01/31 10:12 AM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney John Michael Magliery. The party information for the following party/parties has been modified: Amazon.com Services LLC, Amazon.com, Inc. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc)
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misc Notice to Attorney Regarding Case Opening Statistical Error Correction Tue 01/31 10:12 AM
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney John Michael Magliery. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (pc)
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misc Notice to Attorney Regarding Deficient Civil Cover Sheet Tue 01/31 10:12 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney John Michael Magliery to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): Multiple citizenships for the plaintiff and defendant were selected. Choose one for the plaintiff and choose one for the first listed defendant. Related case number and related judge is not noted on the first page. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (pc)
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Monday, January 30, 2023
4 4 misc Statement of Relatedness Mon 01/30 7:47 PM
STATEMENT OF RELATEDNESS re: that this action be filed as related to 22-cv-10119. Document filed by Amazon.com Services LLC, Amazon.com, Inc...(Magliery, John)
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3 3 misc Rule 7.1 Corporate Disclosure Statement Mon 01/30 7:38 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Amazon.Com, Inc. for Amazon.com Services LLC. Document filed by Amazon.com Services LLC, Amazon.com, Inc...(Magliery, John)
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2 2 misc Civil Cover Sheet Mon 01/30 7:27 PM
CIVIL COVER SHEET filed..(Magliery, John)
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1 1 4 pgs notice Notice of Removal Mon 01/30 7:16 PM
NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 655052/2022. (Filing Fee $ 402.00, Receipt Number ANYSDC-27270609).Document filed by Amazon.com Services LLC, Amazon.com, Inc...(Magliery, John)
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Att: 1 Exhibit A - Index Court filings as of 1/30/2023,
Att: 2 Exhibit A - (Pt.1 Copies of all papers and process received by Amazon or filed in the State Action),
Att: 3 Exhibit A- (Pt. 2 Copies of all papers and process received by Amazon or filed in the State Action)