Fellows et al v. Ciccone et al
| New York Eastern District Court | |
| Judge: | Hector Gonzalez |
| Case #: | 1:24-cv-00357 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Breach of Contract |
| Case Filed: | Jan 17, 2024 |
| Last checked: Saturday Mar 02, 2024 3:45 AM EST |
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Defendant
Brooklyn Events Center, LLC
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Represented By
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Defendant
Madonna Louise Ciccone
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Represented By
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Defendant
Live Nation MTours (USA), Inc.
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Represented By
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Defendant
Live Nation Worldwide, Inc.
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Represented By
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Plaintiff
Michael Fellows
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Represented By
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Plaintiff
Jonathan Hadden
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Represented By
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| Docket last updated: 05/10/2024 11:59 PM EDT |
| Monday, May 06, 2024 | ||
| 32 | 32
misc
Letter
Mon 05/06 4:07 PM
Letter Response to Defendants request that Jonathan Haddens claims be dismissed with prejudice, by Jason Alvarez, Michael Fellows, Jonathan Hadden (Corwin, Marcus) |
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| 31 | 31
notice
Notice of Appearance
Mon 05/06 4:06 PM
NOTICE of Appearance by Richard Alan Klass on behalf of Jason Alvarez (aty to be noticed) (Klass, Richard) |
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order
Order(Other)
Mon 05/06 5:12 PM
ORDER: Plaintiffs' Amended Complaint removed former Plaintiff Hadden and added Plaintiff Alvarez. See ECF No.27 . Defendants then requested the dismissal of Plaintiff Hadden's claims with prejudice, see ECF No.29 , which Plaintiffs oppose, see ECF No.32 . Because the Amended Complaint "supersede[d] the original and render[ed] it of no legal effect," see In re Crysen/Montenay Energy Co. , 226 F.3d 160, 162 (2d Cir. 2000), no dismissal of Plaintiff Hadden's claims is necessary. Plaintiff Hadden shall remain terminated on the docket and the Court orders no further relief. Ordered by Judge Hector Gonzalez on 5/6/2024. (RCM) |
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| Friday, May 03, 2024 | ||
| 30 | 30
notice
Notice of Appearance
Fri 05/03 8:09 AM
NOTICE of Appearance by Marcus Wolf Corwin on behalf of Jason Alvarez, Michael Fellows (aty to be noticed) (Corwin, Marcus) |
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| Wednesday, May 01, 2024 | ||
| 29 | 29
motion
Leave to File Document
Wed 05/01 1:42 PM
Letter MOTION for Leave to File Document re Intent to File Motion to Dismiss the Amended Complaint by May 31, 2024 by Brooklyn Events Center, LLC, Madonna Louise Ciccone, Live Nation MTours (USA), Inc., Live Nation Worldwide, Inc.. (Warshafsky, Jeffrey) |
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order
Order on Motion to Dismiss Order on Motion for Leave to File
Wed 05/01 3:58 PM
ORDER: Plaintiffs have filed an Amended Complaint, see ECF No.27 , and Defendants have filed a letter indicating that they intend to move to dismiss the Amended Complaint, see ECF No.28 . The parties agree that no jurisdictional discovery is necessary. See ECF Nos.28 ,29 . Accordingly, Defendants' previously filed motion to dismiss (including their request for jurisdictional discovery), see ECF No.22 , is DENIED as moot. Defendants shall file their opening papers in support of their motion to dismiss the Amended Complaint on or before May 31, 2024. Plaintiffs shall file opposition papers on or before July 1, 2024, and Defendants shall file reply papers on or before July 15, 2024. The parties' motion papers shall comply with the page limits and other requirements described in Section IV.B of the Court's Individual Practices. In addition, the Amended Complaint has removed Plaintiff Jonathan Hadden and added Plaintiff Jason Alvarez. The Clerk of Court is respectfully directed to add Plaintiff Jason Alvarez to the docket and his counsel are thereafter DIRECTED to enter notices of appearances on his behalf. In addition, on or before May 6, 2024, Plaintiff Jonathan Hadden is ORDERED to respond to Defendants' request that his claims be dismissed with prejudice, see ECF No.29 at 1. Ordered by Judge Hector Gonzalez on 5/1/2024. (RCM) |
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| Wednesday, April 24, 2024 | ||
| 28 | 28
misc
Letter
Wed 04/24 10:57 PM
Letter adressing Defendants' request for limited jurisdictional discovery on issue of Article III standing by Michael Fellows, Jonathan Hadden (Corwin, Marcus) |
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| 27 | 27
cmp
Amended Complaint
Wed 04/24 10:54 PM
AMENDED COMPLAINT (FIRST) against Brooklyn Events Center, LLC, Madonna Louise Ciccone, Live Nation MTours (USA), Inc., Live Nation Worldwide, Inc., filed by Michael Fellows, Jonathan Hadden. (Corwin, Marcus) |
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Att: 1
Exhibit A - Barclays Centers listing of the Madonna Celebration Tour
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| Monday, April 08, 2024 | ||
| 26 | 26
7
pgs
order
Order on Motion for Discovery
Mon 04/08 4:22 PM
ORDER: The Court so-orders the parties' clawback agreement. See ECF No.17 . Ordered by Judge Hector Gonzalez on 4/8/2024. (PN) |
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| 25 | 25
7
pgs
order
Order on Motion for Protective Order
Mon 04/08 4:22 PM
ORDER: The Court so-orders the parties' confidentiality order. See ECF No.16 . Ordered by Judge Hector Gonzalez on 4/8/2024. (PN) |
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order
Status Report Order
Mon 04/08 4:23 PM
ORDER: The Court is in receipt of Defendants' motion to dismiss, which identifies several likely legal deficiencies in the Complaint. See ECF No.22 . If Plaintiffs intend to file an amended complaint, they shall do so on or before April 24, 2024, see Fed. R. Civ. P. 15(a)(1)(B), and shall also file a short letter addressing Defendants' request for limited jurisdictional discovery on the issue of Article III standing. See ECF No.22 at 13. If Plaintiffs file an amended complaint, Defendants shall file a short letter on or before May 1, 2024, indicating whether they intend to renew their motion to dismiss; if so, the Court will set a new briefing schedule and rule on Defendants' request for jurisdictional discovery. In the event that Plaintiffs do not file an amended complaint, the parties shall abide by the briefing schedule in the Court's prior Order. See Mar. 4, 2024, Text Order. Ordered by Judge Hector Gonzalez on 4/8/2024. (PN) |
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| Wednesday, April 03, 2024 | ||
| 24 | 24
misc
Corporate Disclosure Statement
Wed 04/03 8:34 PM
Corporate Disclosure Statement by Brooklyn Events Center, LLC identifying Corporate Parent Brooklyn Arena, LLC, Other Affiliate B-Cubed Arena, LLC for Brooklyn Events Center, LLC. (Crawshaw-Sparks, Sandra) |
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| 23 | 23
misc
Corporate Disclosure Statement
Wed 04/03 8:29 PM
Corporate Disclosure Statement by Live Nation MTours (USA), Inc., Live Nation Worldwide, Inc. identifying Corporate Parent Live Nation Entertainment, Inc., Other Affiliate Liberty Media Corporation for Live Nation MTours (USA), Inc., Live Nation Worldwide, Inc.. (Crawshaw-Sparks, Sandra) |
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| 22 | 22
motion
Dismiss
Wed 04/03 8:12 PM
MOTION to Dismiss by Brooklyn Events Center, LLC, Madonna Louise Ciccone, Live Nation MTours (USA), Inc., Live Nation Worldwide, Inc.. (Crawshaw-Sparks, Sandra) |
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Att: 1
Memorandum in Support,
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Att: 2
Declaration of JEFFREY H. WARSHAFSKY IN SUPPORT OF DEFENDANTS MOTION TO DISMISS,
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Att: 3
Exhibit 1,
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Att: 4
Exhibit 2,
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Att: 5
Exhibit 3,
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Att: 6
Exhibit 4
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| 21 | 21
notice
Notice of Appearance
Wed 04/03 7:54 PM
NOTICE of Appearance by Qian Jennifer Yang on behalf of Brooklyn Events Center, LLC, Madonna Louise Ciccone, Live Nation MTours (USA), Inc., Live Nation Worldwide, Inc. (aty to be noticed) (Yang, Qian) |
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| 20 | 20
notice
Notice of Appearance
Wed 04/03 7:50 PM
NOTICE of Appearance by Jeffrey Hart Warshafsky on behalf of Brooklyn Events Center, LLC, Madonna Louise Ciccone, Live Nation MTours (USA), Inc., Live Nation Worldwide, Inc. (aty to be noticed) (Warshafsky, Jeffrey) |
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| 19 | 19
notice
Notice of Appearance
Wed 04/03 7:45 PM
NOTICE of Appearance by David Alexander Munkittrick on behalf of Brooklyn Events Center, LLC, Madonna Louise Ciccone, Live Nation MTours (USA), Inc., Live Nation Worldwide, Inc. (aty to be noticed) (Munkittrick, David) |
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| 18 | 18
misc
Stipulation
Wed 04/03 2:11 PM
STIPULATION re Status Report Order,,,,,,,,, (Stipulated Agreement Regarding Electronic Discovery Protocol) by Michael Fellows, Jonathan Hadden (Corwin, Marcus) |
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| 17 | 17
motion
Discovery
Wed 04/03 2:06 PM
Letter MOTION for Discovery (Stipulation and [Proposed] Order Regarding Clawback Agreement) by Michael Fellows, Jonathan Hadden. (Corwin, Marcus) |
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Att: 1
Exhibit Stipulation and Proposed Order Regarding Clawback Agreement
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| 16 | 16
motion
Protective Order
Wed 04/03 1:58 PM
MOTION for Protective Order by Michael Fellows, Jonathan Hadden. (Corwin, Marcus) |
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Att: 1
Exhibit Parties' Discovery Confidentiality Order
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| Monday, March 04, 2024 | ||
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order
Status Report Order
Mon 03/04 2:59 PM
ORDER: The Court is in receipt of the parties' joint letter and proposed case management plan. See ECF No.15 . Defendants seek a limited stay of discovery in view of their forthcoming motion to dismiss. Id. at 5. The Court may appropriately decide the motion on the papers. The Court finds that there is good cause for a limited stay of discovery in this case. See Chesney v. Valley Stream Union Free Sch. Dist. No. 24 , 236 F.R.D. 113, 115 (E.D.N.Y. 2006). In determining whether a discovery stay is appropriate, the Court considers, among other factors, "(1) whether the defendant[s] ha[ve] made a strong showing that the plaintiff[s'] claim is unmeritorious; (2) the breadth of discovery and the burden of responding to it; and (3) the risk of unfair prejudice to the part[ies] opposing the stay." See id. The Court finds that Defendants have made a strong showing that their forthcoming motion will eliminate or narrow the claims in this case, that there will be extensive discovery demands in this putative class action, and that a stay will not be unfairly prejudicial to Plaintiffs, especially as they will still promptly receive initial discovery. Accordingly, discovery is stayed pending resolution of Defendants' forthcoming motion to dismiss and the Court will defer entry of a case management plan, except that on or before April 3, 2024, (1) the parties shall exchange initial disclosures required by Rule 26(a)(1), (2) the parties shall agree on procedures for the production of electronically stored information, and (3) the parties shall submit a confidentiality order to the Court for approval. Furthermore, the Court finds that a pre-motion conference for Defendants' motion to dismiss is unnecessary. Accordingly, the parties shall not submit pre-motion conference letters in accordance with Section IV.A of the Court's Individual Practices. Instead, Defendants shall file their motion to dismiss on or before April 3, 2024. Plaintiffs shall file their opposition on or before May 3, 2024. Defendants shall file any reply on or before May 17, 2024. The parties' motion papers shall comply with the page limits and other requirements described in Section IV.B of the Court's Individual Practices. Ordered by Judge Hector Gonzalez on 3/4/2024. (RCM) |
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| Friday, March 01, 2024 | ||
| 15 | 15
misc
Letter
Fri 03/01 6:56 PM
Letter (Joint Letter) by Michael Fellows, Jonathan Hadden (Corwin, Marcus) |
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Att: 1
Civil Case Management Plan
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| Friday, February 02, 2024 | ||
| 14 | 14
10
pgs
order
Order on Motion for Extension of Time to File
Fri 02/02 10:49 AM
ORDER: The Court grants Defendant Barclays Center's letter motion for an extension of time to answer or otherwise respond to the complaint. See ECF No.13 . Defendant Barclays Center shall answer or otherwise respond to the complaint on or before March 25, 2024. Because all Defendants have been served or have waived service, see id. , the Court vacates its prior Order requiring Plaintiffs to file a letter describing Plaintiffs' efforts to serve Plaintiffs' complaint and a summons on each Defendant, see January 18, 2024, Text Order. Counsel for all parties are directed to file on the docket a joint letter describing the case and a completed civil case management plan by March 1, 2024, as further described in the attached mandatory requirements. Requests for adjournment of the deadline for these submissions will be considered only if made in writing and otherwise in accordance with Section I.D of the Court's Individual Practices. Plaintiffs' counsel shall notify Defendants' counsel of this Scheduling Order, in writing, as soon as reasonably possible. In light of the extension of time to answer or otherwise respond to the complaint, the Court will require the parties to demonstrate additional good cause to adjourn the deadline for filing the joint letter and proposed case management plan required by this Order because the Court does not need Defendants' answer to set a discovery schedule. Ordered by Judge Hector Gonzalez on 2/2/2024. (RCM) |
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| 13 | 13
motion
Extension of Time to File Document
Fri 02/02 7:46 AM
Letter MOTION for Extension of Time to File Answer or Response to the Complaint by Brooklyn Events Center, LLC, Madonna Louise Ciccone, Live Nation MTours (USA), Inc., Live Nation Worldwide, Inc.. (Crawshaw-Sparks, Sandra) |
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| Thursday, February 01, 2024 | ||
| 12 | 12
service
Summons Returned Executed
Thu 02/01 6:09 PM
SUMMONS Returned Executed by Michael Fellows, Jonathan Hadden. Brooklyn Events Center, LLC served on 1/31/2024, answer due 2/21/2024. (Corwin, Marcus) |
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| Friday, January 26, 2024 | ||
| 11 | 11
service
Waiver of Service Executed
Fri 01/26 11:29 AM
WAIVER OF SERVICE Returned Executed by Michael Fellows, Jonathan Hadden. Live Nation MTours (USA), Inc. waiver sent on 1/25/2024, answer due 3/25/2024. (Corwin, Marcus) |
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| 10 | 10
service
Waiver of Service Executed
Fri 01/26 11:27 AM
WAIVER OF SERVICE Returned Executed by Michael Fellows, Jonathan Hadden. Live Nation Worldwide, Inc. waiver sent on 1/25/2024, answer due 3/25/2024. (Corwin, Marcus) |
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| 9 | 9
service
Waiver of Service Executed
Fri 01/26 11:23 AM
WAIVER OF SERVICE Returned Executed by Michael Fellows, Jonathan Hadden. Madonna Louise Ciccone waiver sent on 1/25/2024, answer due 3/25/2024. (Corwin, Marcus) |
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| Thursday, January 25, 2024 | ||
| 8 | 8
notice
Notice of Appearance
Thu 01/25 3:54 PM
NOTICE of Appearance by Marcus Wolf Corwin on behalf of Michael Fellows, Jonathan Hadden (notification declined or already on case) (Corwin, Marcus) |
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| Wednesday, January 24, 2024 | ||
| 7 | 7
motion
Appear Pro Hac Vice
Wed 01/24 5:42 PM
MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-17497396 by Michael Fellows, Jonathan Hadden. (Corwin, Marcus) |
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Att: 1
Affidavit In Support of Notice of Motion to Admit Counsel Pro Hac Vice
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order
Order on Motion for Leave to Appear Pro Hac Vice
Wed 01/24 10:07 AM
ORDER denying6 Motion for Leave to Appear Pro Hac Vice. Marcus W. Corwin moves for admission pro hac vice . See ECF No.6 . The affidavit accompanying the motion, required by Local Civil Rule 1.3(c), is unsigned. See ECF No. [6-1]. The application is therefore deficient, and the Court denies the motion without prejudice. Ordered by Judge Hector Gonzalez on 1/24/2024. (RCM) |
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order
Order on Motion for Leave to Appear Pro Hac Vice
Wed 01/24 6:15 PM
ORDER granting7 Motion for Leave to Appear Pro Hac Vice. Attorney Marcus W. Corwin is granted permission to appear pro hac vice on behalf of Plaintiffs Michael Fellows and Jonathan Hadden. The attorney shall register for ECF at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Ordered by Judge Hector Gonzalez on 1/24/2024. (RCM) |
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| Tuesday, January 23, 2024 | ||
| 6 | 6
motion
Appear Pro Hac Vice
Tue 01/23 5:40 PM
MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-17493179 by Michael Fellows, Jonathan Hadden. (Corwin, Marcus) |
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Att: 1
Affidavit In Support of Notice of Motion to Admit Counsel Pro Hac Vice
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| 5 | 5
service
Summons Issued
Tue 01/23 8:40 AM
Summons Issued as to Brooklyn Events Center, LLC, Madonna Louise Ciccone, Live Nation MTours (USA), Inc., Live Nation Worldwide, Inc. (JVC) |
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order
Order on Motion for Leave to Appear Pro Hac Vice
Tue 01/23 4:01 PM
ORDER denying3 Motion for Leave to Appear Pro Hac Vice. Marcus W. Corwin moves for admission pro hac vice . See ECF No.3 . That motion "must be accompanied by a certificate of the court for each of the states in which [Mr. Corwin] is a member of the bar, which has been issued within thirty (30) days of filing and states that [Mr. Corwin] is a member in good standing of the bar of that state court." E.D.N.Y. Local Civil Rule 1(c). Mr. Corwin's affidavit in support of his motion indicates that he is a member in good standing of the Florida and Maryland state bars. See ECF No. [3-1]. The motion includes a certificate of good standing from the United States District Court for the District of Maryland, see id. , which is not a Maryland state court. The certificate also does not indicate that Mr. Corwin is a member in good standing of the Maryland state bar. The application is therefore deficient, and the Court denies the motion without prejudice. Ordered by Judge Hector Gonzalez on 1/23/2024. (RCM) |
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| Monday, January 22, 2024 | ||
| 4 | 4
misc
Proposed Summons/Civil Cover Sheet
Mon 01/22 3:32 PM
Proposed Summons. Re Quality Control Check - Summons,1 Complaint, by Michael Fellows, Jonathan Hadden (Klass, Richard) |
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| Thursday, January 18, 2024 | ||
| 3 | 3
motion
Appear Pro Hac Vice
Thu 01/18 7:34 PM
Notice of MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number BNYEDC-17477050 by Michael Fellows, Jonathan Hadden. (Corwin, Marcus) |
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Att: 1
Affidavit
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| 2 | 2
misc
Clerks Notice of Rule 73
Thu 01/18 9:50 AM
Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link:[LINK:https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf] (AF) |
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utility
Case Assigned/Reassigned
Thu 01/18 9:48 AM
Case Assigned to Judge Hector Gonzalez. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (AF) |
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misc
Quality Control Check - Summons
Thu 01/18 9:52 AM
Your proposed summons was not issued for one of the following reasons: If multiple defendants, there must me a rider attached to the summons with the name and addresses of all defendants included., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (AF) |
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order
Status Report Order
Thu 01/18 11:08 AM
ORDER: Plaintiffs shall file a letter no longer than three pages on or before February 8, 2024, describing Plaintiffs' efforts to serve Plaintiffs' complaint and a summons on each Defendant. If Plaintiffs fail to file the letter required by this order, or if Plaintiffs' letter demonstrates a lack of diligence in attempting service, then the Court is unlikely to extend the deadline for Plaintiffs to complete service under Rule 4(m) in the absence of unusual circumstances demonstrating good cause. Notably, it appears that Plaintiffs have not filed a correct summons for the Clerk of Court to issue. The Court will not extend the deadline for Plaintiffs to file the letter required by this order unless Plaintiffs request an extension in accordance with Section I.D of the Court's Individual Practices. Ordered by Judge Hector Gonzalez on 1/18/2024. (RCM) |
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| Wednesday, January 17, 2024 | ||
| 1 | 1
18
pgs
cmp
Complaint
Wed 01/17 5:33 PM
COMPLAINT against All Defendants filing fee $ 405, receipt number ANYEDC-17471412 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Michael Fellows, Jonathan Hadden. (Klass, Richard) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Proposed Summons,
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Att: 3
Proposed Summons,
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Att: 4
Proposed Summons,
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Att: 5
Proposed Summons
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