Jones v. Regal Cinemas, Inc.
New York Southern District Court | |
Judge: | Margaret M Garnett |
Case #: | 1:23-cv-11145 |
Nature of Suit | 370 Torts - Personal Property - Other Fraud |
Cause | 28:1332fr 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.
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Represented By
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Plaintiff
Tim Jones
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Represented By
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Docket last updated: 5 hours ago |
Thursday, March 06, 2025 | ||
42 | 42
![]() 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
![]() PROPOSED ORDER. Document filed by Tim Jones. Related Document Number:37 ..(Fraietta, Philip) |
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40 | 40
![]() 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
![]() 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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38 | 38
![]() 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 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
![]() 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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35 | 35
![]() 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
![]() 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 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
![]() 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
![]() PROPOSED ORDER. Document filed by Tim Jones. Related Document Number:28 ..(Fraietta, Philip) |
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30 | 30
![]() 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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29 | 29
![]() 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 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
![]() 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
![]() 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
![]() 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
![]() 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 of supplemental authority. Document filed by Tim Jones..(Fraietta, Philip) |
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Tuesday, May 28, 2024 | ||
22 | 22
![]() REPLY MEMORANDUM OF LAW in Support re:18 MOTION to Dismiss . . Document filed by Regal Cinemas, Inc...(Potts, Jonathan) |
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Monday, May 13, 2024 | ||
21 | 21
![]() DECLARATION of Philip L. Fraietta in Opposition re:18 MOTION to Dismiss .. Document filed by Tim Jones..(Fraietta, Philip) |
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20 | 20
![]() 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
![]() MEMORANDUM OF LAW in Support re:18 MOTION to Dismiss . . Document filed by Regal Cinemas, Inc...(Potts, Jonathan) |
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18 | 18
![]() 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 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 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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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 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
![]() 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
![]() 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
![]() 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
![]() 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
![]() 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
![]() 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
![]() 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
![]() 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
![]() 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
![]() CIVIL COVER SHEET filed..(Fraietta, Philip) |
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1 | 1
![]() COMPLAINT against Regal Cinemas, Inc.. (Filing Fee $ 405.00, Receipt Number ANYSDC-28733262)Document filed by Tim Jones..(Fraietta, Philip) |
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