New York Southern District Court
Judge:Margaret M Garnett
Case #: 1:23-cv-11145
Nature of Suit370 Torts - Personal Property - Other Fraud
Cause28:1332fr Diversity-Fraud
Case Filed:Dec 22, 2023
Terminated:Mar 06, 2025
Last checked: Wednesday Jun 19, 2024 6:12 AM EDT
Defendant
Regal Cinemas, Inc.
Represented By
Jonathan Potts
Bryan Cave Leighton Paisner LLP
contact info
Laith J Hamdan
Bryan Cave Leighton Paisner LLP
contact info
Plaintiff
Tim Jones
Represented By
Philip Lawrence Fraietta
Bursor & Fisher P.A.
contact info
Stefan Bogdanovich
Bursor & Fisher, P.A.
contact info


Docket last updated: 5 hours ago
Thursday, March 06, 2025
42 42 7 pgs order Judgment Thu 03/06 2:54 PM
FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE: IT IS HEREBY ORDERED, DECREED, AND ADJUDGED AS FOLLOWS: 1. Terms and phrases in this Final Judgment shall have the same meaning as ascribed to them in the Parties' Class Action Settlement Agreement. 2. This Court has jurisdiction over the subject matter of the Action and over all Parties to the Action, including all Settlement Class Members, as further set forth. 8. Accordingly, the Settlement is hereby finally approved in all respects.9. The Parties are hereby directed to implement the Settlement Agreement accordingto its terms and provisions. The Settlement Agreement is hereby incorporated into this FinalJudgment in full and shall have the full force of an Order of this Court.10. This Court hereby dismisses the Action on the merits and with prejudice, as further set forth. 13. The Court has also considered Plaintiff's Motion For Attorneys' Fees, Costs, Expenses, And Service Award, as well as the supporting memorandum of law and declarations (ECF Nos. 33-36), and adjudges that the payment of attorneys' fees, costs, and expenses in the amount of $833,333.33 is reasonable in light of the multi-factor test used to evaluate fee awards in the Second Circuit. See Goldberger v. Integrated Resources, Inc., 209 F.3d 43, 50 (2d Cir. 2000). Such payment shall be made pursuant to and in the manner provided by the terms of the Settlement Agreement. 20. This Court hereby directs entry of this Final Judgment pursuant to Federal Rule of Civil Procedure 58 based upon the Court's finding that there is no just reason for delay of enforcement or appeal of this Final Judgment, and hereby dismisses this Action with prejudice, with each party to bear their own costs, except as provided in this Order or in the Settlement Agreement. IT IS SO ORDERED (Signed by Judge Margaret M. Garnett on 3/6/2025) (mml)
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utility Case Stay Lifted Thu 03/06 3:01 PM
Case Stay Lifted. (mml)
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Wednesday, March 05, 2025
minutes Status Conference Wed 03/05 10:14 AM
Minute Entry for proceedings held before Judge Margaret M. Garnett: Fairness Hearing held on 3/5/2025. Counsel Philip Fraietta present for Plaintiff. Counsel Laith Hamdan present for Defendant. (Court Reporter Alena Lynch) (kv)
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Wednesday, February 19, 2025
41 41 misc Proposed Order Wed 02/19 2:43 PM
PROPOSED ORDER. Document filed by Tim Jones. Related Document Number:37 ..(Fraietta, Philip)
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40 40 respm Declaration in Support of Motion Wed 02/19 2:42 PM
DECLARATION of Cameron A. Azari, Esq., Claims Administrator in Support re:37 MOTION to Approve Final Approval of Class Action Settlement .. Document filed by Tim Jones..(Fraietta, Philip)
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39 39 respm Declaration in Support of Motion Wed 02/19 2:41 PM
DECLARATION of Philip L. Fraietta in Support re:37 MOTION to Approve Final Approval of Class Action Settlement .. Document filed by Tim Jones..(Fraietta, Philip)
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Att: 1 Exhibit 1 - Settlement Agreement,
Att: 2 Exhibit 2 - B&F Firm Resume
38 38 26 pgs respm Memorandum of Law in Support of Motion Wed 02/19 2:38 PM
MEMORANDUM OF LAW in Support re:37 MOTION to Approve Final Approval of Class Action Settlement . . Document filed by Tim Jones..(Fraietta, Philip)
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37 37 motion Approve Wed 02/19 2:37 PM
MOTION to Approve Final Approval of Class Action Settlement . Document filed by Tim Jones. Return Date set for 3/5/2025 at 09:30 AM..(Fraietta, Philip)
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misc Notice to Court Regarding Proposed Order Wed 02/19 3:09 PM
***NOTICE TO COURT REGARDING PROPOSED JUDGMENT. Document No. 41 Proposed Order was reviewed and approved as to form. (tp)
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Wednesday, January 29, 2025
36 36 respm Declaration in Support of Motion Wed 01/29 4:14 PM
DECLARATION of Philip L. Fraietta in Support re:33 MOTION for Attorney Fees Costs, Expenses, and Service Award .. Document filed by Tim Jones..(Fraietta, Philip)
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Att: 1 Exhibit 1 - Settlement Agreement,
Att: 2 Exhibit 2 - Detailed Billing Diaries,
Att: 3 Exhibit 3 - Costs & Expenses,
Att: 4 Exhibit 4 - B&F Billing Rates,
Att: 5 Exhibit 5 - American Lawyer re Senior Partners Approach 3,000,
Att: 6 Exhibit 6 - Legal Dive re Partners Hand Over Work,
Att: 7 Exhibit 7 - Smith Article re $1,150 Fees,
Att: 8 Exhibit 8 - Am Law Article re Real Rate Report,
Att: 9 Exhibit 9 - WSJ Article re Top Billers,
Att: 10 Exhibit 10 - ALM Daily Report,
Att: 11 Exhibit 11 - WestLaw Legal Billing Report,
Att: 12 Exhibit 12 - National Law Journal Billing Report,
Att: 13 Exhibit 13 - Bankruptcy Rates Article,
Att: 14 Exhibit 14 - NLJ Billing Survey,
Att: 15 Exhibit 15 - Taylor v. Trusted Media Brands, Inc. Hearing Transcript,
Att: 16 Exhibit 16 - Firm Resume
35 35 respm Declaration in Support of Motion Wed 01/29 4:11 PM
DECLARATION of Tim Jones in Support re:33 MOTION for Attorney Fees Costs, Expenses, and Service Award .. Document filed by Tim Jones..(Fraietta, Philip)
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34 34 25 pgs respm Memorandum of Law in Support of Motion Wed 01/29 4:10 PM
MEMORANDUM OF LAW in Support re:33 MOTION for Attorney Fees Costs, Expenses, and Service Award . . Document filed by Tim Jones..(Fraietta, Philip)
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33 33 motion Attorney Fees Wed 01/29 4:09 PM
MOTION for Attorney Fees Costs, Expenses, and Service Award . Document filed by Tim Jones. Return Date set for 3/5/2025 at 09:30 AM..(Fraietta, Philip)
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Wednesday, November 20, 2024
32 32 11 pgs order Order on Motion for Settlement Wed 11/20 11:31 AM
ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AGREEMENT, CERTIFYING SETTLEMENT CLASS, APPOINTING CLASS REPRESENTATIVE, APPOINTING CLASS COUNSEL, AND APPROVING NOTICE PLAN granting28 Motion for Settlement. 3. This Court finds that it has jurisdiction over the subject matter of this action and over all Parties to the Action, as further set forth. 5. The Final Approval Hearing shall be held before this Court on Wednesday, March 5, 2025, at 9:30 a.m. in Courtroom 906 at the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York or via remote technology to determine (a) whether the proposed settlement of the Action on the terms and conditions provided for in the Settlement Agreement is fair, reasonable, and adequate and should be given final approval by the Court; (b) whether a judgment and order of dismissal with prejudice should be entered; (c) whether to approve the Fee Award to Class Counsel; and (d) whether to approve the payment of a service award to the Class Representative. The Court may adjourn the Final Approval Hearing without further notice to members of the Settlement Class. 6. Class Counsel shall file papers in support of their Fee Award and Class Representative's service award (collectively, the "Fee Petition") with the Court on or before 1/29/2025 [suggested date of 52 days after entry of this Order, (i.e., 14 days before the Objection/Exclusion Deadline).] Defendant may, but is not required to, file a response to Class Counsel's Fee Petition with the Court on or before 2/12/2025, date of 21 days before Final Approval hearing.] Class Counsel may file a reply in support of their Fee Petition with the Court on or before 2/19/2025, date of 14 days before Final Approval hearing.] 7. Papers in support of final approval of the Settlement Agreement and any supplementation to the Fee Petition shall be filed with the Court on or before 2/19/2025. 8. For purposes of settlement only: (a) Philip L. Fraietta and Stefan Bogdanovich of Bursor & Fisher, P.A. are appointed Class Counsel for the Settlement Class; and (b) Tim Jones is named Class Representative. The Court finds that these attorneys are competent and capable of exercising the responsibilities of Class Counsel and that Plaintiff will adequately protect the interests of the Settlement Class defined below, as further set forth. IT IS SO ORDERED. (Signed by Judge Margaret M. Garnett on 11/20/2024) (mml)
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utility Set/Reset Deadlines Set/Reset Hearings Wed 11/20 11:33 AM
Set/Reset Hearings: Status Conference set for 3/5/2025 at 09:30 AM before Judge Margaret M. Garnett. (mml)
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Wednesday, November 13, 2024
31 31 misc Proposed Order Wed 11/13 1:45 PM
PROPOSED ORDER. Document filed by Tim Jones. Related Document Number:28 ..(Fraietta, Philip)
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30 30 respm Declaration in Support of Motion Wed 11/13 1:44 PM
DECLARATION of Philip L. Fraietta in Support re:28 MOTION for Settlement Preliminary Approval of Class Action Settlement .. Document filed by Tim Jones..(Fraietta, Philip)
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Att: 1 57 pgs Exhibit 1- Settlement Agreement,
Att: 2 Exhibit 2- Firm Resume
29 29 30+ pgs respm Memorandum of Law in Support of Motion Wed 11/13 1:38 PM
MEMORANDUM OF LAW in Support re:28 MOTION for Settlement Preliminary Approval of Class Action Settlement . . Document filed by Tim Jones..(Fraietta, Philip)
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28 28 motion Settlement Wed 11/13 1:36 PM
MOTION for Settlement Preliminary Approval of Class Action Settlement . Document filed by Tim Jones..(Fraietta, Philip)
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misc Notice to Court Regarding Proposed Order Wed 11/13 2:36 PM
***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 31 Proposed Order was reviewed and approved as to form. (tp)
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Thursday, October 03, 2024
27 27 1 pgs order Order on Motion to Dismiss Thu 10/03 3:53 PM
MEMO ENDORSEMENT on re:26 Joint Letter denying as moot18 Motion to Dismiss. ENDORSEMENT: Request GRANTED. The Plaintiff is directed to file a motion for preliminary approval by November 18, 2024. The motion to dismiss at Dkt. No. 18 is DENIED AS MOOT, and the Clerk of Court is directed to terminate Dkt. No. 18. SO ORDERED. (Signed by Judge Margaret M. Garnett on 10/3/2024) (mml)
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utility Set/Reset Deadlines Thu 10/03 3:53 PM
Set/Reset Deadlines: Motions due by 11/18/2024. (mml)
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Wednesday, October 02, 2024
26 26 misc Letter Wed 10/02 10:32 AM
JOINT LETTER addressed to Judge Margaret M. Garnett from Philip L. Fraietta dated October 2, 2024 re: Status Update. Document filed by Tim Jones..(Fraietta, Philip)
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Tuesday, July 23, 2024
25 25 1 pgs order Order on Motion to Stay Tue 07/23 4:12 PM
ORDER granting24 Letter Motion to Stay. Request GRANTED. This matter is STAYED pending mediation. The parties are directed to file a joint status letter by October 6, 2024 regarding the status of their resolution efforts and proposed next steps. The Clerk of Court is directed to terminate Dkt. No. 24. (Signed by Judge Margaret M. Garnett on 7/23/2024) (rro)
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Friday, July 19, 2024
24 24 motion Stay Fri 07/19 4:27 PM
JOINT LETTER MOTION to Stay Pending Mediation addressed to Judge Margaret M. Garnett from Philip L. Fraietta dated July 19, 2024. Document filed by Tim Jones..(Fraietta, Philip)
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Thursday, June 06, 2024
23 23 notice Notice (Other) Thu 06/06 1:52 PM
NOTICE of supplemental authority. Document filed by Tim Jones..(Fraietta, Philip)
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Att: 1 Exhibit A-Order
Tuesday, May 28, 2024
22 22 respm Reply Memorandum of Law in Support of Motion Tue 05/28 6:04 PM
REPLY MEMORANDUM OF LAW in Support re:18 MOTION to Dismiss . . Document filed by Regal Cinemas, Inc...(Potts, Jonathan)
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Att: 1 Exhibit A - Complaint of Case No. 24-322
Monday, May 13, 2024
21 21 respm Declaration in Opposition to Motion Mon 05/13 2:15 PM
DECLARATION of Philip L. Fraietta in Opposition re:18 MOTION to Dismiss .. Document filed by Tim Jones..(Fraietta, Philip)
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Att: 1 Exhibit A - Senate Report,
Att: 2 Exhibit B - New York Sponsors Memorandum 2022 SB 9461
20 20 18 pgs respm Memorandum of Law in Opposition to Motion Mon 05/13 2:14 PM
MEMORANDUM OF LAW in Opposition re:18 MOTION to Dismiss . . Document filed by Tim Jones..(Fraietta, Philip)
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Friday, April 12, 2024
19 19 16 pgs respm Memorandum of Law in Support of Motion Fri 04/12 2:46 PM
MEMORANDUM OF LAW in Support re:18 MOTION to Dismiss . . Document filed by Regal Cinemas, Inc...(Potts, Jonathan)
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18 18 2 pgs motion Dismiss Fri 04/12 2:45 PM
MOTION to Dismiss . Document filed by Regal Cinemas, Inc...(Potts, Jonathan)
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Wednesday, March 13, 2024
17 17 order Order ~Util - Set Deadlines Wed 03/13 10:24 AM
ORDER, The following briefing schedule is hereby ORDERED: Defendant's motion to dismiss is due by April 12, 2024, Plaintiff's opposition is due by May 13, 2024, and Defendant's reply is due by May 28, 2024. (Motions due by 4/12/2024., Replies due by 5/28/2024., Responses due by 5/13/2024) (HEREBY ORDERED by Judge Margaret M. Garnett) (Text Only Order) (kv)
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minutes Pretrial Conference - Initial Wed 03/13 9:53 AM
Minute Entry for proceedings held before Judge Margaret M. Garnett: Initial Pretrial Conference held on 3/13/2024. Counsel Philip Fraietta present for plaintiff. Counsel Jonathan Potts and Laith Hamdan present for Defendants. Court Reporter: Martha Martin. (kv)
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Tuesday, March 12, 2024
16 16 notice Notice (Other) Tue 03/12 4:36 PM
NOTICE of Exhibit A to ECF No. 10 (Inadvertently Omitted) re:10 Response to Motion,. Document filed by Tim Jones..(Fraietta, Philip)
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Tuesday, March 05, 2024
15 15 order Order on Motion to Appear Pro Hac Vice Tue 03/05 12:18 PM
ORDER granting14 Motion for Stefan Bogdanovich to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Margaret M. Garnett)(Text Only Order) (kv)
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misc Notice Regarding Pro Hac Vice Motion Tue 03/05 10:46 AM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 14 MOTION for Stefan Bogdanovich to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29030611. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc)
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Monday, March 04, 2024
14 14 motion Appear Pro Hac Vice Mon 03/04 6:39 PM
MOTION for Stefan Bogdanovich to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29030611. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Tim Jones..(Bogdanovich, Stefan)
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Att: 1 Affidavit of Stefan Bogdanovich,
Att: 2 Proposed Order Granting Motion for Admission Pro Hac Vice
13 13 order Order on Motion to Appear Pro Hac Vice Mon 03/04 1:49 PM
ORDER granting12 Motion for Jonathan B. Potts to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Margaret M. Garnett)(Text Only Order) (kv)
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12 12 motion Appear Pro Hac Vice Mon 03/04 12:50 PM
MOTION for Jonathan B. Potts to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29027168. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Regal Cinemas, Inc...(Potts, Jonathan)
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misc Notice Regarding Pro Hac Vice Motion Mon 03/04 1:05 PM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 12 MOTION for Jonathan B. Potts to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29027168. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc)
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Wednesday, February 28, 2024
11 11 1 pgs order Order on Motion for Conference Wed 02/28 11:16 AM
NOTICE OF REASSIGNMENT & ORDER terminating9 Letter Motion for Conference re:9 LETTER MOTION for Conference / Request for Pre-Motion Conference addressed to Judge Victor Marrero from Laith J. Hamdan dated February 16, 2024. This case has been reassigned to the undersigned. Unless and until the Court orders otherwise, all prior orders, dates, and deadlines shall remain in effect notwithstanding the case's reassignment. All counsel must familiarize themselves with the Court's Individual Rules & Practices ("Individual Rules"), which are available at https://nysd.uscourts.gov/hon-margaret-m-garnett. The Court is in receipt of Defendant's letter-motion for a conference and Plaintiff's letter response. See Dkts. 9 and 10. It is hereby ORDERED that counsel for all parties appear for a status conference with the Court on Wednesday, March 13, 2024, at 9:30 a.m. The conference will be held before Judge Garnett in Courtroom 906 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY 10007. As such, the Clerk of Court is respectfully directed to TERMINATE Defendant's letter motion. See Dkt. 9, as further set forth. Status Conference set for 3/13/2024 at 09:30 AM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Margaret M. Garnett. (Signed by Judge Margaret M. Garnett on 2/28/2024) (mml)
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Friday, February 23, 2024
10 10 4 pgs respm Response to Motion Fri 02/23 11:47 AM
LETTER RESPONSE to Motion addressed to Judge Victor Marrero from Philip L. Fraietta dated February 23, 2024 re:9 LETTER MOTION for Conference / Request for Pre-Motion Conference addressed to Judge Victor Marrero from Laith J. Hamdan dated February 16, 2024. . Document filed by Tim Jones..(Fraietta, Philip)
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Wednesday, February 21, 2024
notice Notice of Case Assignment/Reassignment Wed 02/21 12:42 PM
NOTICE OF CASE REASSIGNMENT to Judge Margaret M. Garnett. Judge Victor Marrero is no longer assigned to the case..(tro)
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Friday, February 16, 2024
9 9 motion Conference Fri 02/16 2:33 PM
LETTER MOTION for Conference / Request for Pre-Motion Conference addressed to Judge Victor Marrero from Laith J. Hamdan dated February 16, 2024. Document filed by Regal Cinemas, Inc...(Hamdan, Laith)
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Tuesday, January 23, 2024
8 8 1 pgs order Order on Motion for Extension of Time to Answer Tue 01/23 4:49 PM
ORDER granting7 Letter Motion for Extension of Time to Answer re7 CONSENT LETTER MOTION for Extension of Time to File Answer re:1 Complaint / Request for Extension of Time to Respond to Complaint by 30 Days, to February 16, 2024 addressed to Judge Victor Marrero from Laith J. Hamdan dated January 12. Request GRANTED. The deadline to respond to the complaint is hereby retroactively ext ended to February 16, 2024. SO ORDERED. Regal Cinemas, Inc. answer due 2/16/2024. (Signed by Judge Victor Marrero on 1/23/2024) (jca)
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Friday, January 12, 2024
7 7 motion Extension of Time to File Answer Fri 01/12 2:28 PM
CONSENT LETTER MOTION for Extension of Time to File Answer re:1 Complaint / Request for Extension of Time to Respond to Complaint by 30 Days, to February 16, 2024 addressed to Judge Victor Marrero from Laith J. Hamdan dated January 12, 2024. Document filed by Regal Cinemas, Inc...(Hamdan, Laith)
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6 6 misc Rule 7.1 Corporate Disclosure Statement Fri 01/12 2:22 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Cineworld Parent Limited for Regal Cinemas, Inc.. Document filed by Regal Cinemas, Inc...(Hamdan, Laith)
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Wednesday, January 03, 2024
5 5 service Summons Returned Executed Wed 01/03 11:29 AM
SUMMONS RETURNED EXECUTED. Regal Cinemas, Inc. served on 12/27/2023, answer due 1/17/2024. Document filed by Tim Jones..(Fraietta, Philip)
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Tuesday, December 26, 2023
4 4 service Summons Issued Tue 12/26 9:15 AM
ELECTRONIC SUMMONS ISSUED as to Regal Cinemas, Inc...(gp)
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misc Notice to Attorney Regarding Party Modification Tue 12/26 9:12 AM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Philip Lawrence Fraietta. The party information for the following party/parties has been modified: Tim Jones. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (gp)
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notice Case Opening Initial Assignment Notice Tue 12/26 9:14 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Victor Marrero. 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] ..(gp)
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utility Case Designation Tue 12/26 9:14 AM
Magistrate Judge Gabriel W. Gorenstein 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] . (gp)
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utility Case Designated ECF Tue 12/26 9:15 AM
Case Designated ECF. (gp)
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Friday, December 22, 2023
3 3 service Request for Issuance of Summons Fri 12/22 2:20 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Regal Cinemas, Inc, re:1 Complaint. Document filed by Tim Jones..(Fraietta, Philip)
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2 2 misc Civil Cover Sheet Fri 12/22 2:16 PM
CIVIL COVER SHEET filed..(Fraietta, Philip)
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1 1 14 pgs cmp Complaint Fri 12/22 2:15 PM
COMPLAINT against Regal Cinemas, Inc.. (Filing Fee $ 405.00, Receipt Number ANYSDC-28733262)Document filed by Tim Jones..(Fraietta, Philip)
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Att: 1 Exhibit A