New York Southern District Court
Judge:Gregory H Woods
Case #: 1:23-cv-07410
Nature of Suit710 Labor - Fair Labor Standards Act
Cause29:201 Fair Labor Standards Act
Case Filed:Aug 21, 2023
Last checked: Sunday Feb 18, 2024 3:58 AM EST
Defendant
Fortuna Auction LLC
Represented By
David Brian Lichtenberg
Fisher & Phillips, Llp (nj)
contact info
Defendant
Herbert John Saxon
Represented By
David Brian Lichtenberg
Fisher & Phillips, Llp (nj)
contact info
Plaintiff
Anissa Carroll
Represented By
Sean William Higgins
Braverman, PLLC
contact info
Daniel Sean Braverman
Braverman, PLLC
contact info


Docket last updated: 2 hours ago
Monday, April 07, 2025
38 38 3 pgs order Order Staying Case Mon 04/07 4:09 PM
ORDER: Therefore, this case is automatically stayed. The stay will remain in effect until such a time as the U.S. Bankruptcy Court for the Southern District of New York lifts the stay as to Fortuna or Mr. Saxon, or such a time as the Court orders the stay lifted as to Mr. Saxon. Plaintiff is directed to file a letter updating the Court on the status of this case on or about September 1, 2025 and every three months thereafter until the stay is lifted. The parties are welcome to file a letter alerting the Court to any developments in the meantime. The Clerk of Court is directed to note the stay of this case on the docket, to terminate all pending motions, and to adjourn all remaining dates. SO ORDERED. (Signed by Judge Gregory H. Woods on 4/7/2025) (sgz)
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Wednesday, April 02, 2025
37 37 misc Suggestion of Bankruptcy Wed 04/02 10:42 AM
SUGGESTION OF BANKRUPTCY upon the record as to Fortuna Auction LLC . Document filed by Fortuna Auction LLC, Herbert John Saxon.(Lichtenberg, David)
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Att: 1 Exhibit A - Voluntary Petition Bankruptcy Filing
Monday, February 24, 2025
36 36 2 pgs order Order on Motion for Extension of Time to Complete Discovery Mon 02/24 12:30 PM
ORDER granting35 Letter Motion for Extension of Time to Complete Discovery. Application granted. The parties' request for an extension of time to complete discovery, Dkt. No. 35, is granted. The deadline for the completion of all fact discovery is extended to March 31, 2025. The deadline for the completion of all expert discovery is extended to May 15, 2025. Every party-proponent of a claim (including any counterclaim, cross- claim, or third-party claim) that intends to offer expert testimony in respect of such claim must make the disclosures required by Fed. R. Civ. P. 26(a)(2) by April 15, 2025. Every party-opponent of such claim that intends to offer expert testimony in opposition to such claim must make the disclosures required by Fed. R. Civ. P. 26(a)(2) by April 30, 2025. The deadline for submission of motions for summary judgment, if any, is extended to June 14, 2025. The status conference scheduled for April 29, 2025 is adjourned to May 30, 2025 at 4:00 p.m. The joint status letter requested in the case management plan and scheduling order entered on May 21, 2024, Dkt. No. 27, is due no later than May 23, 2025. Except as expressly modified by this order, the case management plan entered by the Court on May 21, 2025, Dkt. No. 27, remains in full force and effect. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 35. SO ORDERED. Motions due by 6/14/2025. (Signed by Judge Gregory H. Woods on 2/21/2025) (tg)
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utility Set/Reset Deadlines Set/Reset Hearings Mon 02/24 12:33 PM
Set/Reset Deadlines: ( Expert Discovery due by 5/15/2025., Fact Discovery due by 3/31/2025.), Set/Reset Hearings:( Status Conference set for 5/30/2025 at 04:00 PM before Judge Gregory H. Woods.) (tg)
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Wednesday, February 19, 2025
35 35 motion Extension of Time to Complete Discovery Wed 02/19 4:20 PM
JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Gregory H. Woods from David B. Lichtenberg, Esq. dated February 19, 2025. Document filed by Fortuna Auction LLC, Herbert John Saxon..(Lichtenberg, David)
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Att: 1 Supplement Case Management Plan and Scheduling Order
Thursday, November 07, 2024
33 33 order Order on Motion for Extension of Time to Complete Discovery Thu 11/07 10:01 AM
ORDER granting32 Letter Motion for Extension of Time to Complete Discovery. The parties' request for an extension of time to complete discovery, Dkt. No. 32, is granted. The deadline for the completion of all fact discovery is extended to February 28, 2025. The deadline for the completion of depositions pursuant to Fed. R. Civ. P. 30, 31 is extended to February 28, 2025. Any requests to admit pursuant to Fed. R. Civ. P. 36 shall be served by February 3, 2025. The deadline for the completion of all expert discovery is extended to March 28, 2025. Every party-proponent of a claim (including any counterclaim, cross-claim, or third-party claim) that intends to offer expert testimony in respect of such claim must make the disclosures required by Fed. R. Civ. P. 26(a)(2) by April 11, 2025. Every party-opponent of such claim that intends to offer expert testimony in opposition to such claim must make the disclosures required by Fed. R. Civ. P. 26(a)(2) by April 11, 2025. The deadline for submission of motions for summary judgment, if any, is extended to March 31, 2025. The status conference scheduled for February 13, 2025 is adjourned to April 29, 2025 at 2:00 p.m. The joint status letter requested in the case management plan and scheduling order entered on May 21, 2024, Dkt. No. 27, is due no later than April 22, 2025. Except as expressly modified by this order, the case management plan entered by the Court on May 21, 2024, Dkt. No. 27, remains in full force and effect. Motions due by 3/31/2025. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (va)
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utility Set/Reset Deadlines Thu 11/07 10:14 AM
Set/Reset Deadlines: Expert Discovery due by 3/28/2025. Fact Discovery due by 2/28/2025. (va)
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utility Set/Reset Hearings Thu 11/07 10:28 AM
Set/Reset Hearings: Status Conference set for 4/29/2025 at 02:00 PM before Judge Gregory H. Woods. (va)
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Wednesday, November 06, 2024
32 32 motion Extension of Time to Complete Discovery Wed 11/06 5:21 PM
JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Gregory H. Woods from Amy Canning, Esq. and David B. Lichtenberg, Esq. dated November 6, 2024. Document filed by Fortuna Auction LLC, Herbert John Saxon..(Canning, Amy)
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Att: 1 Supplement Case Management Plan and Scheduling Order
Tuesday, September 24, 2024
adr Mediation Conference Not Held Tue 09/24 10:19 AM
MEDIATION CONFERENCE NOT HELD Mediation Conference scheduled for 09/30/2024 will not be held. Mediation Status due by 10/9/2024.(sni)
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Tuesday, September 03, 2024
adr Mediation Conference Scheduled Tue 09/03 3:32 PM
SUBSEQUENT MEDIATION CONFERENCE. Mediation Conference scheduled for 9/30/2024 at 10:00 AM in telephone or video conference.(sni)
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Wednesday, August 28, 2024
notice Notice of Redesignation to Magistrate Judge Wed 08/28 9:28 AM
NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Henry J. Ricardo to handle matters that may be referred in this case. Please note that this is a reassignment of the designation only. (tg)
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Monday, August 19, 2024
31 31 2 pgs order Order on Motion for Extension of Time to Complete Discovery Mon 08/19 11:03 AM
ORDER granting30 Letter Motion for Extension of Time to Complete Discovery. Application granted. The parties' request for an extension of time to complete discovery, Dkt. No. 30, is granted. The deadline for the completion of all fact discovery is extended to December 20, 2024. The deadline for the completion of all expert discovery is extended to January 31, 2025. Every party-proponent of a claim (including any counterclaim, cross-claim, or third-party claim) that intends to offer expert testimony in respect of such claim must make the disclosures required by Fed. R. Civ. P. 26(a)(2) by December 20, 2024. Every party-opponent of such claim that intends to offer expert testimony in opposition to such claim must make the disclosures required by Fed. R. Civ. P. 26(a)(2) by January 3, 2025. The deadline for submission of motions for summary judgment, if any, is extended to February 28, 2025. The status conference scheduled for December 17, 2024 is adjourned to February 13, 2025 at 4:00 p.m. The joint status letter requested in the case management plan and scheduling order entered on May 21, 2024, Dkt. No. 27, is due no later than February 6, 2025. Except as expressly modified by this order, the case management plan entered by the Court on May 21, 2024, Dkt. No. 27, remains in full force and effect. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 30. SO ORDERED. Motions due by 2/28/2025. (Signed by Judge Gregory H. Woods on 8/19/2024) (sgz)
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utility Set/Reset Deadlines Mon 08/19 11:03 AM
Set/Reset Deadlines: Expert Discovery due by 1/31/2025. Fact Discovery due by 12/20/2024. (sgz)
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Friday, August 16, 2024
30 30 motion Extension of Time to Complete Discovery Fri 08/16 5:36 PM
LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Gregory H. Woods from Amy Canning, Esq and David Lichenberg, Esq dated August 16, 2024. Document filed by Fortuna Auction LLC, Herbert John Saxon..(Lichtenberg, David)
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Att: 1 Supplement Case Management Plan and Scheduling Order
29 29 2 pgs order Order Fri 08/16 4:47 PM
ORDER: Accordingly, the Court declines to act on the proposed case management plan and scheduling order at Dkt. No. 28 at this time. The proposed case management plan, absent court order, is not effective to extend the parties' deadlines. SO ORDERED. (Signed by Judge Gregory H. Woods on 8/16/2024) (sgz)
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28 28 misc Proposed Case Management Plan Fri 08/16 12:17 PM
PROPOSED CASE MANAGEMENT PLAN. Document filed by Fortuna Auction LLC, Herbert John Saxon..(Canning, Amy)
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Friday, June 28, 2024
utility Set/Reset Mediation Case Tracking Deadlines Fri 06/28 4:46 PM
Set/Reset Mediation Case Tracking Deadlines: Mediation Status due by 7/29/2024. (sge)
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Tuesday, May 21, 2024
27 27 order Case Management Plan Tue 05/21 4:07 PM
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER:All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. § 636(c). Fact Discovery due by 10/18/2024. Depositions pursuant to Fed. R. Civ. P. 30, 31 shall be completed by 10/6/2024. Expert Discovery due by 12/1/2024. Motions for summary judgment, if any, shall be filed no later than 1/1/2025. The parties expect that this case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 3 days. Telephone Conference set for 12/17/2024 at 04:00 PM before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 5/21/2024) (rro)
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minutes Pretrial Conference - Initial Mon 05/27 5:35 PM
Minute Entry for proceedings held before Judge Gregory H. Woods: Initial Pretrial Conference held on 5/21/2024. (Court Reporter Present) (va)
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Friday, May 17, 2024
26 26 misc Letter Fri 05/17 5:37 PM
LETTER addressed to Judge Gregory H. Woods from Sean W. Higgins dated May 17, 2024 re: joint status letter update. Document filed by Anissa Carroll..(Braverman, Daniel)
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Thursday, May 16, 2024
25 25 1 pgs order Order Fri 05/17 9:32 AM
ORDER: In the Court's order dated April 5, 2024, Dkt. No. 23, the parties were directed to submit a joint status letter and proposed case management plan described in the Court's August 22, 2023 order, Dkt. No. 4, no later than May 14, 2024. The Court has not received the joint status letter or proposed case management plan. The parties are directed to comply with the Court's April 5, 2024 order forthwith and in any event no later than May 17, 2024. (Signed by Judge Gregory H. Woods on 5/16/2024) (rro)
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Tuesday, April 30, 2024
minutes Mediation Conference Fri 05/03 12:25 PM
Minute Entry for proceedings held before SDNY Mediation: Mediation Conference held on 4/30/2024. Mediation Status due by 5/30/2024. (sni)
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Tuesday, April 23, 2024
24 24 misc Letter Tue 04/23 4:11 PM
LETTER addressed to Judge Gregory H. Woods from Amy E. Canning, Esq. dated April 23, 2024 re: Joint Status Update on Mediation. Document filed by Fortuna Auction LLC, Herbert John Saxon..(Canning, Amy)
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Tuesday, April 16, 2024
adr Mediation Conference Scheduled Tue 04/16 4:26 PM
SUBSEQUENT MEDIATION CONFERENCE. Mediation Conference scheduled for 4/30/2024 at 10:00 AM in Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, NY 10007.(sni)
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Monday, April 08, 2024
adr Mediation Conference Not Held Mon 04/08 2:56 PM
MEDIATION CONFERENCE NOT HELD Mediation Conference scheduled for 04/04/2024 was not held. Mediation Status due by 4/23/2024.(sni)
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Friday, April 05, 2024
23 23 order Memo Endorsement ~Util - Set Deadlines/Hearings Fri 04/05 2:28 PM
MEMO ENDORSEMENT on re:21 Letter filed by Fortuna Auction LLC, Herbert John Saxon. ENDORSEMENT: Application granted. The parties' April 4, 2024 request to adjourn the initial pretrial conference, Dkt. No. 21, is granted. The initial pretrial conference scheduled for April 11, 2024 is adjourned to May 21, 2024 at 3:00 p.m. The joint status letter and proposed case management plan described in the Court's August 22, 2023 order, Dkt. No. 4, are due no later than May 14, 2024. ( Initial Conference set for 5/21/2024 at 03:00 PM before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 4/5/2024) (rro)
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Thursday, April 04, 2024
22 22 misc Letter Thu 04/04 10:03 PM
JOINT LETTER addressed to Judge Gregory H. Woods from Sean W. Higgins dated April 4, 2024 re: Joint letter for pretrial conference. Document filed by Anissa Carroll..(Braverman, Daniel)
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21 21 misc Letter Thu 04/04 3:21 PM
JOINT LETTER addressed to Judge Gregory H. Woods from Amy E. Canning, Esq. dated April 4, 2024 re: Request to Adjourn Pretrial Conference. Document filed by Fortuna Auction LLC, Herbert John Saxon..(Canning, Amy)
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Monday, April 01, 2024
20 20 notice Notice of Appearance Mon 04/01 2:55 PM
NOTICE OF APPEARANCE by Amy Canning on behalf of Fortuna Auction LLC, Herbert John Saxon..(Canning, Amy)
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Friday, February 16, 2024
adr Mediation Conference Scheduled Fri 02/16 4:27 PM
FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 4/4/2024 at 10:00 AM in Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, NY 10007.(sge)
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Wednesday, January 31, 2024
19 19 misc Rule 7.1 Corporate Disclosure Statement Wed 01/31 5:20 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Fortuna Luxury Group LLC for Fortuna Auction LLC. Document filed by Fortuna Auction LLC, Herbert John Saxon..(Lichtenberg, David)
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18 18 answer Answer to Complaint Wed 01/31 4:57 PM
ANSWER to1 Complaint. Document filed by Fortuna Auction LLC, Herbert John Saxon..(Lichtenberg, David)
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Friday, January 19, 2024
adr Notice of Mediator Assignment Fri 01/19 4:15 PM
NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 2/20/2024.(sge)
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Tuesday, January 16, 2024
17 17 notice Notice of Appearance Tue 01/16 7:33 PM
NOTICE OF APPEARANCE by Sean William Higgins on behalf of Anissa Carroll..(Higgins, Sean)
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Thursday, January 11, 2024
16 16 order Memo Endorsement ~Util - Set Deadlines/Hearings Fri 01/12 9:19 AM
MEMO ENDORSEMENT on re:15 Letter filed by Fortuna Auction LLC, Herbert John Saxon. ENDORSEMENT: Application granted. Defendants' application for an extension of time to answer or otherwise respond to the complaint, Dkt. No. 15, is granted. The deadline for Defendant to answer or otherwise respond to the complaint is extended to January 31, 2024. (Signed by Judge Gregory H. Woods on 1/11/2024) (rro)
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15 15 misc Letter Thu 01/11 3:43 PM
LETTER addressed to Judge Gregory H. Woods from David B. Lichtenberg, Esq. dated January 11, 2024 re: Request for Extension of Time to Answer. Document filed by Fortuna Auction LLC, Herbert John Saxon..(Lichtenberg, David)
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14 14 order Mediation Referral Order for Cases Filed Under the Fair Labor Standards Act Thu 01/11 2:34 PM
MEDIATION REFERRAL ORDER FOR CASES FILED UNDER THE FAIR LABOR STANDARDS ACT 29 U.S.C. Sec. 201 et seq. This case, involving claims under the Fair Labor Standards Act (FLSA), 29 U.S.C. Sec. 201 et seq., has been assigned to this Court for all purposes. In the Courts experience, cases involving FLSA claims often benefit from early mediation. To that end, prior to a Rule 16(b) case management conference the Court is referring this case to the Mediation Office for settlement purposes under Local Civil Rule 83.9. To facilitate mediation the parties shall, within four weeks of this Order, confer and provide the items set forth in this Order. Mediator to be Assigned by 1/25/2024. (Signed by Judge Gregory H. Woods on 12/10/2019) (rpr)
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13 13 1 pgs order Order Thu 01/11 9:39 AM
ORDER: Accordingly, the Court declines to act on the proposed order and stipulation at Dkt. No. 12 at this time. The stipulation, absent court order, is not effective to extend Defendants' deadline to answer, move, or otherwise respond to the complaint. (Signed by Judge Gregory H. Woods on 1/11/2024) (rro)
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utility Set/Reset Deadlines Fri 01/12 9:20 AM
Set/Reset Deadlines: Fortuna Auction LLC answer due 1/31/2024; Herbert John Saxon answer due 1/31/2024. (rro)
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Wednesday, January 10, 2024
12 12 misc Proposed Stipulation and Order Wed 01/10 2:06 PM
PROPOSED STIPULATION AND ORDER. Document filed by Fortuna Auction LLC, Herbert John Saxon..(Lichtenberg, David)
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11 11 notice Notice of Appearance Wed 01/10 1:56 PM
NOTICE OF APPEARANCE by David Brian Lichtenberg on behalf of Fortuna Auction LLC, Herbert John Saxon..(Lichtenberg, David)
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Thursday, November 02, 2023
10 10 service Affidavit of Service Complaints Thu 11/02 4:49 PM
AFFIDAVIT OF SERVICE. Herbert John Saxon served on 10/27/2023, answer due 11/17/2023. Service was accepted by H. Lee, Co-worker. Service was made by Mail. Document filed by Anissa Carroll..(Braverman, Daniel)
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9 9 service Affidavit of Service Complaints Thu 11/02 4:39 PM
AFFIDAVIT OF SERVICE. Fortuna Auction LLC served on 10/27/2023, answer due 11/17/2023. Service was accepted by H. Lee, Authorized Agent. Document filed by Anissa Carroll..(Braverman, Daniel)
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Tuesday, September 05, 2023
8 8 service Summons Issued Tue 09/05 1:29 PM
ELECTRONIC SUMMONS ISSUED as to Fortuna Auction LLC..(pc)
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7 7 service Summons Issued Tue 09/05 1:29 PM
ELECTRONIC SUMMONS ISSUED as to Herbert John Saxon..(pc)
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Sunday, September 03, 2023
6 6 service Request for Issuance of Summons Sun 09/03 1:25 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Herbert John Saxon, re:1 Complaint. Document filed by Anissa Carroll..(Braverman, Daniel)
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5 5 service Request for Issuance of Summons Sun 09/03 1:23 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Fortuna Auction LLC, re:1 Complaint. Document filed by Anissa Carroll..(Braverman, Daniel)
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Tuesday, August 22, 2023
4 4 3 pgs order Order for Initial Pretrial Conference Wed 08/23 10:28 AM
NOTICE OF INITIAL PRETRIAL CONFERENCE: The conference will be conducted by telephone. The parties are directed to the Court's Individual Rules of Practice in Civil Cases, which are available on the Court's website. Rule 2 of the Court's Individual Rules contains the dial-in number for the conference and other relevant instructions. The parties are specifically directed to comply with Rule 2(B) of the Court's Individual Rules. As further set forth by this Order. SO ORDERED. Initial Conference set for 4/11/2024 at 04:00 PM before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 8/22/2023) (tg) Modified on 8/23/2023 (tg)
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3 3 misc Civil Cover Sheet Tue 08/22 1:37 PM
CIVIL COVER SHEET filed..(Braverman, Daniel)
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misc Notice to Attorney Regarding Deficient Civil Cover Sheet Tue 08/22 10:37 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Daniel Sean Braverman to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; multiple Basis of Jurisdiction codes was selected; Citizenship Plaintiff and Defendant codes must only be selected when Diversity Basis of Jurisdiction code is selected;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo)
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misc Notice to Attorney Regarding Case Opening Statistical Error Correction Tue 08/22 10:38 AM
***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Daniel Sean Braverman. The following case opening statistical information was erroneously selected/entered: Dollar Demand $500,000,000; County code New York;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to none; the County code has been modified to XX Out of State;. (jgo)
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notice Case Opening Initial Assignment Notice Tue 08/22 10:39 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:https://nysd.uscourts.gov/judges/district-judges] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(jgo)
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utility Case Designation Tue 08/22 10:40 AM
Magistrate Judge James L. Cott 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] . (jgo)
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utility Case Designated ECF Tue 08/22 10:41 AM
Case Designated ECF. (jgo)
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Monday, August 21, 2023
2 2 misc Civil Cover Sheet Mon 08/21 11:03 PM
CIVIL COVER SHEET filed..(Braverman, Daniel)
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1 1 cmp Complaint Mon 08/21 10:59 PM
COMPLAINT against Fortuna Auction LLC, Herbert John Saxon. (Filing Fee $ 402.00, Receipt Number BNYSDC-28178397)Document filed by Anissa Carroll..(Braverman, Daniel)
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