Weinberg et al v. CleanChoice Energy, Inc.
New York Southern District Court | |
Judge: | Philip M Halpern |
Case #: | 7:23-cv-09685 |
Nature of Suit | 190 Contract - Other Contract |
Cause | 28:1332bc Diversity-Breach of Contract |
Case Filed: | Nov 02, 2023 |
Last checked: Tuesday Apr 30, 2024 4:33 AM EDT |
Defendant
CleanChoice Energy, Inc.
1055 Thomas Jefferson St. NW
Washington, D.C., DC 20007 |
Represented By
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Plaintiff
Joanne Sudakow
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Represented By
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Plaintiff
Robert Sudakow
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Represented By
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Plaintiff
Eric Weinberg
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Represented By
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Docket last updated: 3 hours ago |
Wednesday, July 24, 2024 | ||
43 | 43
![]() NOTICE OF APPEAL from42 Memorandum & Opinion,,,,,,,,. Document filed by CleanChoice Energy, Inc.. Filing fee $ 605.00, receipt number ANYSDC-29650972. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Matthews, Michael) |
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appeal
Transmission of Notice of Appeal and Docket Sheet to USCA
Wed 07/24 4:25 PM
Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re:43 Notice of Appeal.(km) |
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appeal
Appeal Record Sent to USCA - Electronic File
Wed 07/24 4:26 PM
Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for43 Notice of Appeal, filed by CleanChoice Energy, Inc. were transmitted to the U.S. Court of Appeals. (km) |
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Wednesday, July 17, 2024 | ||
42 | 42
![]() OPINION AND ORDER re:39 MOTION to Dismiss . filed by CleanChoice Energy, Inc.,18 MOTION to Compel Arbitration . filed by CleanChoice Energy, Inc. For the foregoing reasons, the Court GRANTS Defendants motion to compel arbitration with respect to Plaintiff Eric Weinberg and DENIES the motion to compel arbitration with respect to Plaintiffs Robert Sudakow and Joanne Sudakow. Mr. Weinbergs claims are STAYED pending the conclusion of the arbitration proceedings. The Court GRANTS Defendants motion to dismiss Plaintiff Robert Sudakow for lack of standing under Federal Rule of Civil Procedure 12(b)(1). The Court GRANTS Defendant's motion to dismiss the request for injunctive relief under Federal Rule of Civil Procedure 12(b)(1) on consent. The Court DENIES Defendants motion to dismiss for improper venue under Federal Rule of Civil Procedure 12(b)(3). The Court GRANTS Defendants motion to dismiss for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6) with respect to the seventh (unjust enrichment) claim against Plaintiff Joanne Sudakow and DENIES the motion with respect to Plaintiff Joanne Sudakows first (breach of contract), second (breach of the implied covenant of good faith and fair dealing), third (violation of N.Y. Gen. Bus. Law § 349), fourth (violation of N.Y. Gen. Bus. Law § 349-d(3)), fifth (violation of N.Y. Gen. Bus. Law § 349-d(7)), and sixth (violation of state consumer protection statutes) claims for relief. The following claims shall proceed to discovery with respect to Plaintiff Joanne Sudakow: the first, second, third, fourth, fifth, and sixth claims for relief. Defendant shall file its Answer to the Complaint within ten (10) days of the issuance of this Opinion & Order. The Clerk of Court is respectfully directed to terminate Plaintiff Robert Sudakow as a party to this action and terminate the motions pending at Doc. 18 and Doc. 39. SO ORDERED. (Signed by Judge Philip M. Halpern on 7/17/2024) (jca) |
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Wednesday, May 15, 2024 | ||
41 | 41
![]() REPLY MEMORANDUM OF LAW in Support re:39 MOTION to Dismiss . . Document filed by CleanChoice Energy, Inc...(Matthews, Michael) |
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40 | 40
![]() MEMORANDUM OF LAW in Opposition re:39 MOTION to Dismiss . Plaintiffs' Memorandum of Law in Opposition to Defendant's Motion to Dismiss . Document filed by CleanChoice Energy, Inc...(Matthews, Michael) |
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39 | 39
![]() MOTION to Dismiss . Document filed by CleanChoice Energy, Inc...(Matthews, Michael) |
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Friday, April 12, 2024 | ||
38 | 38
![]() REPLY MEMORANDUM OF LAW in Opposition re:18 MOTION to Compel Arbitration . (authorized sur-reply, see ECF No. 35) . Document filed by Joanne Sudakow, Robert Sudakow, Eric Weinberg..(McInturff, J. Burkett) |
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Friday, March 29, 2024 | ||
37 | 37
![]() TRANSCRIPT of Proceedings re: Pre-motion conference held on 2/26/2024 before Judge Philip M. Halpern. Court Reporter/Transcriber: Darby Ginsberg, (914) 390-4102. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/19/2024. Redacted Transcript Deadline set for 4/29/2024. Release of Transcript Restriction set for 6/27/2024..(Ginsberg, Darby) |
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36 | 36
![]() NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Pre-motion conference proceeding held on 2/226/2024 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Ginsberg, Darby) |
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35 | 35
![]() ORDER granting32 Letter Motion for Leave to File Document. Plaintiffs are granted leave to file a sur-reply to Defendant's reply in support of the motion to compel arbitration (Doc. 31). Plaintiffs shall file their sur-reply by April 12, 2024. The Clerk of Court is respectfully directed to terminate the motion pending at Doc. 32. SO ORDERED. (Signed by Judge Philip M. Halpern on 3/29/2024) (jca) |
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utility
Set/Reset Deadlines
Fri 03/29 3:30 PM
Set/Reset Deadlines: Surreplies due by 4/12/2024. (jca) |
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Thursday, March 28, 2024 | ||
34 | 34
![]() LETTER RESPONSE in Opposition to Motion addressed to Judge Philip M. Halpern from Michael D. Matthews, Jr. dated March 28, 2024 re:32 LETTER MOTION for Leave to File Sur-Reply or to Strike New Evidence and Arguments from Defendant's Reply 31 addressed to Judge Philip M. Halpern from J. Burkett McInturff dated March 21, 2024. . Document filed by CleanChoice Energy, Inc...(Matthews, Michael) |
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Friday, March 22, 2024 | ||
33 | 33
![]() ORDER with respect to32 Letter Motion for Leave to File Document. Defendant is directed to file a response, by March 28, 2024, to Plaintiffs' March 21, 2024 letter motion (Doc. 32) seeking to strike portions of Defendant's reply in support of their motion to compel arbitration or for leave to file a sur-reply. SO ORDERED. (Signed by Judge Philip M. Halpern on 3/22/2024) (jca) |
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utility
Set/Reset Deadlines
Fri 03/22 11:37 AM
Set/Reset Deadlines: Responses due by 3/28/2024 (jca) |
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Thursday, March 21, 2024 | ||
32 | 32
![]() LETTER MOTION for Leave to File Sur-Reply or to Strike New Evidence and Arguments from Defendant's Reply 31 addressed to Judge Philip M. Halpern from J. Burkett McInturff dated March 21, 2024. Document filed by Joanne Sudakow, Robert Sudakow, Eric Weinberg..(McInturff, J. Burkett) |
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Thursday, February 29, 2024 | ||
31 | 31
![]() REPLY MEMORANDUM OF LAW in Support re:18 MOTION to Compel Arbitration . . Document filed by CleanChoice Energy, Inc...(Matthews, Michael) |
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Monday, February 26, 2024 | ||
30 | 30
![]() NOTICE OF APPEARANCE by Erin Kelley on behalf of Joanne Sudakow, Robert Sudakow, Eric Weinberg..(Kelley, Erin) |
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minutes
Pre-Motion Conference
Mon 02/26 12:52 PM
Minute Entry for proceedings held before Judge Philip M. Halpern: Pre-Motion Conference held on 2/26/2024. Counsel for all parties appeared by telephone. The Court granted defendant leave to move to dismiss and set the following briefing schedule: motion to dismiss shall be served, not filed, on 4/3/2024; opposition shall be served, not filed, on 5/1/2024; reply shall be served on 5/15/2024; and all papers shall be filed on the reply date, 5/15/2024. (Court Reporter AT&T teleconference) (mf) |
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Thursday, February 15, 2024 | ||
29 | 29
![]() DECLARATION of J. Burkett McInturff in Opposition re:18 MOTION to Compel Arbitration .. Document filed by Joanne Sudakow, Robert Sudakow, Eric Weinberg..(McInturff, J. Burkett) |
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28 | 28
![]() DECLARATION of Robert Sudakow in Opposition re:18 MOTION to Compel Arbitration .. Document filed by Joanne Sudakow, Robert Sudakow, Eric Weinberg..(McInturff, J. Burkett) |
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27 | 27
![]() MEMORANDUM OF LAW in Opposition re:18 MOTION to Compel Arbitration . . Document filed by Joanne Sudakow, Robert Sudakow, Eric Weinberg..(McInturff, J. Burkett) |
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Thursday, February 01, 2024 | ||
26 | 26
![]() ORDER granting25 Letter Motion to Adjourn Conference. Application granted. The telephonic pre-motion conference scheduled for February 8, 2024 is adjourned to February 26, 2024 at 11:30 a.m. At the time of the scheduled conference, all parties shall call the following number: (888) 398-2342; access code 3456831. Telephone Conference set for 2/26/2024 at 11:30 AM before Judge Philip M. Halpern.. (Signed by Judge Philip M. Halpern on 2/1/2024) (rro) |
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Wednesday, January 31, 2024 | ||
25 | 25
![]() LETTER MOTION to Adjourn Conference addressed to Judge Philip M. Halpern from D. Greg Blankinship dated January 31, 2024. Document filed by Joanne Sudakow, Robert Sudakow, Eric Weinberg..(Blankinship, Douglas) |
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Tuesday, January 30, 2024 | ||
24 | 24
![]() ORDER granting23 Letter Motion for Extension of Time to File Response/Reply re23 LETTER MOTION for Extension of Time to File Response/Reply To Defendant's Motion to Compel Arbitration (Unopposed) addressed to Judge Philip M. Halpern from J. Burkett McInturff dated January 29, 2024. Application granted. Plaintiffs shall file their opposition to the motion to compel arbitration on February 15, 2024 and Defendant shall file its reply on February 29, 2024. The Court will not grant any further extension requests to this briefing schedule. SO ORDERED. Responses due by 2/15/2024 Replies due by 2/29/2024.. (Signed by Judge Philip M. Halpern on 1/30/2024) (jca) |
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Monday, January 29, 2024 | ||
23 | 23
![]() LETTER MOTION for Extension of Time to File Response/Reply To Defendant's Motion to Compel Arbitration (Unopposed) addressed to Judge Philip M. Halpern from J. Burkett McInturff dated January 29, 2024. Document filed by Joanne Sudakow, Robert Sudakow, Eric Weinberg..(McInturff, J. Burkett) |
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22 | 22
![]() ORDER FOR ADMISSION PRO HAC VICE granting21 MOTION for Louise B. Root to Appear Pro Hac Vice. The motion of Louise B. Root, for admission to practice Pro Hac Vice in the above captioned action is granted. (Signed by Judge Philip M. Halpern on 1/29/2024) (jca) |
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misc
Notice Regarding Pro Hac Vice Motion
Mon 01/29 9:19 AM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 21 MOTION for Louise B. Root to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (laq) |
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Friday, January 26, 2024 | ||
21 | 21
![]() MOTION for Louise B. Root to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by CleanChoice Energy, Inc...(Root, Louise) |
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Tuesday, January 23, 2024 | ||
20 | 20
![]() ORDER FOR ADMISSION PRO HAC VICE granting19 Motion for Diane S. Wizig to Appear Pro Hac Vice. (Signed by Judge Philip M. Halpern on 1/23/2024) (vfr) |
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Friday, January 19, 2024 | ||
19 | 19
![]() MOTION for Diane S. Wizig to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28833429. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by CleanChoice Energy, Inc...(Wizig, Diane) |
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misc
Notice Regarding Pro Hac Vice Motion
Fri 01/19 2:52 PM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 19 MOTION for Diane S. Wizig to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28833429. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju) |
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Thursday, January 18, 2024 | ||
18 | 18
![]() MOTION to Compel Arbitration . Document filed by CleanChoice Energy, Inc...(Matthews, Michael) |
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Sunday, January 14, 2024 | ||
17 | 17
![]() ORDER granting11 Letter Motion for Conference re:11 LETTER MOTION for Conference on CleanChoice's Motion to Dismiss addressed to Judge Philip M. Halpern from Michael D. Matthews, Jr. dated January 3, 2024. Application granted for a pre-motion conference on Defendant's anticipated motion to dismiss is granted. The Court will hold a telephonic pre-motion conference on Defendants' anticipated motion to dismiss on February 8, 2024 at 4:00 p.m. At the time of the scheduled conference, all parties shall call the following number: (888) 398-2342; access code 3456831. SO ORDERED. ( Telephone Conference set for 2/8/2024 at 04:00 PM before Judge Philip M. Halpern.) (Signed by Judge Philip M. Halpern on 1/12/24) (yv) |
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Friday, January 12, 2024 | ||
16 | 16
![]() LETTER RESPONSE to Motion addressed to Judge Philip M. Halpern from D. Greg Blankinship dated January 12, 2024 re:11 LETTER MOTION for Conference on CleanChoice's Motion to Dismiss addressed to Judge Philip M. Halpern from Michael D. Matthews, Jr. dated January 3, 2024. . Document filed by Joanne Sudakow, Robert Sudakow, Eric Weinberg..(Blankinship, Douglas) |
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Thursday, January 11, 2024 | ||
15 | 15
![]() MEMO ENDORSEMENT on re:13 Letter filed by CleanChoice Energy, Inc., ENDORSEMENT: Defendant's application for a stay of the motion to dismiss briefing is denied. Plaintiffs are directed to file a letter in response to Defendant's pre-motion letter regarding its anticipated motion to dismiss (Doc. 11) by January 12, 2024. SO ORDERED. (Signed by Judge Philip M. Halpern on 1/11/2024) ( Responses due by 1/12/2204) (ks) |
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Tuesday, January 09, 2024 | ||
14 | 14
![]() LETTER addressed to Judge Philip M. Halpern from J. Burkett McInturff dated January 9, 2024 re: Scheduling of Initial Conference. Document filed by Joanne Sudakow, Robert Sudakow, Eric Weinberg..(McInturff, J. Burkett) |
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Monday, January 08, 2024 | ||
13 | 13
![]() LETTER addressed to Judge Philip M. Halpern from Michael D. Matthews, Jr. dated January 8, 2024 re: Plaintiffs' Letter Requesting Initial Conference. Document filed by CleanChoice Energy, Inc...(Matthews, Michael) |
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12 | 12
![]() LETTER addressed to Judge Philip M. Halpern from J. Burkett McInturff dated January 8, 2024 re: Scheduling of Initial Conference. Document filed by Joanne Sudakow, Robert Sudakow, Eric Weinberg..(McInturff, J. Burkett) |
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Wednesday, January 03, 2024 | ||
11 | 11
![]() LETTER MOTION for Conference on CleanChoice's Motion to Dismiss addressed to Judge Philip M. Halpern from Michael D. Matthews, Jr. dated January 3, 2024. Document filed by CleanChoice Energy, Inc...(Matthews, Michael) |
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Thursday, November 30, 2023 | ||
10 | 10
![]() ORDER granting9 Letter Motion for Extension of Time. Application granted. The deadline for Defendant to file its pre-motion letter is extended to January 3, 2024. The deadline for Plaintiffs to file their response to Defendant's pre-motion letter is extended to January 11, 2024. No further extension requests to this deadline will be granted. SO ORDERED. (Signed by Judge Philip M. Halpern on 11/30/2023) (jca) |
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Wednesday, November 29, 2023 | ||
9 | 9
![]() CONSENT LETTER MOTION for Extension of Time for Pre-Motion Letter Schedule addressed to Judge Philip M. Halpern from Michael D. Matthews, Jr. dated 11/29/2023. Document filed by CleanChoice Energy, Inc...(Matthews, Michael) |
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Thursday, November 16, 2023 | ||
8 | 8
![]() SUMMONS RETURNED EXECUTED Summons and Complaint served. Service was accepted by Jennifer Spinosa, General Counsel. Document filed by Eric Weinberg, Joanne Sudakow, Robert Sudakow..(Blankinship, Douglas) |
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7 | 7
![]() FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT#8) SUMMONS RETURNED EXECUTED Summons and Complaint served. CleanChoice Energy, Inc. served on 11/6/2023, answer due 11/27/2023. Service was accepted by Jennifer Spinosa, General Counsel. Document filed by Eric Weinberg; Joanne Sudakow; Robert Sudakow..(Garber, Todd) Modified on 11/16/2023 (lb) |
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Friday, November 03, 2023 | ||
6 | 6
![]() NOTICE OF APPEARANCE by Douglas Gregory Blankinship on behalf of Joanne Sudakow, Robert Sudakow, Eric Weinberg..(Blankinship, Douglas) |
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5 | 5
![]() ELECTRONIC SUMMONS ISSUED as to CleanChoice Energy, Inc...(jgo) |
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misc
Notice to Attorney Regarding Case Opening Statistical Error Correction
Fri 11/03 11:04 AM
***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney J. Burkett McInturff. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:1453;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1332;. (jgo) |
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misc
Notice to Attorney Regarding Party Modification
Fri 11/03 11:06 AM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney J. Burkett McInturff. The party information for the following party/parties has been modified: Eric Weinberg; Robert Sudakow; Joanne Sudakow. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (jgo) |
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notice
Case Opening Initial Assignment Notice
Fri 11/03 11:07 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Philip M. Halpern. 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
Fri 11/03 11:09 AM
Magistrate Judge Judith C. McCarthy is designated to handle matters that may be referred in this case. 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
Fri 11/03 11:09 AM
Case Designated ECF. (jgo) |
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Thursday, November 02, 2023 | ||
4 | 4
![]() NOTICE OF APPEARANCE by Daniel J. Brenner on behalf of Joanne Sudakow, Robert Sudakow, Eric Weinberg..(Brenner, Daniel) |
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3 | 3
![]() REQUEST FOR ISSUANCE OF SUMMONS as to CleanChoice Energy, Inc., re:1 Complaint. Document filed by Joanne Sudakow, Robert Sudakow, Eric Weinberg..(McInturff, J. Burkett) |
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2 | 2
![]() CIVIL COVER SHEET filed..(McInturff, J. Burkett) |
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1 | 1
![]() COMPLAINT against CleanChoice Energy, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-28518032)Document filed by Eric Weinberg, Joanne Sudakow, Robert Sudakow..(McInturff, J. Burkett) |
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