New York Southern District Court
Judge:Paul A Engelmayer
Case #: 1:24-cv-00750
Nature of Suit890 Other Statutes - Other Statutory Actions
Cause28:1331 Fed. Question
Case Filed:Feb 01, 2024
Last checked: Tuesday Jul 30, 2024 4:33 AM EDT
Defendant
Reading International, Inc.
Represented By
Sarah Atlas
Greenberg Traurig, P.A
contact info
Mark Ferrario
Greenberg Traurig, P.A
contact info
Tyler R. Andrews
Greenberg Traurig LLP
contact info
Plaintiff
Haley Berryman
Represented By
Joshua David Arisohn
Bursor & Fisher, P.A.
contact info
Philip Lawrence Fraietta
Bursor & Fisher P.A.
contact info


Docket last updated: 2 hours ago
Tuesday, April 08, 2025
44 44 notice Notice of Appearance Tue 04/08 3:07 PM
NOTICE OF APPEARANCE by Stefan Bogdanovich on behalf of Haley Berryman..(Bogdanovich, Stefan)
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Tuesday, February 25, 2025
43 43 1 pgs order Order on Motion to Stay Tue 02/25 12:09 PM
ORDER granting42 Letter Motion to Stay. GRANTED. The matter is hereby stayed pending mediation. The parties are directed to submit a joint status report by June 10, 2025, and for every 30 days thereafter. The initial conference scheduled for February 27, 2025 is hereby adjourned. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 2/24/2025) (tg)
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Monday, February 24, 2025
42 42 motion Stay Mon 02/24 4:34 PM
JOINT LETTER MOTION to Stay addressed to Judge Paul A. Engelmayer from Philip L. Fraietta dated 2/24/2025. Document filed by Haley Berryman..(Fraietta, Philip)
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Tuesday, February 11, 2025
41 41 answer Answer to Complaint Tue 02/11 7:33 PM
ANSWER to1 Complaint. Document filed by Reading International, Inc...(Andrews, Tyler)
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Tuesday, January 28, 2025
40 40 3 pgs order Order for Initial Pretrial Conference Tue 01/28 1:02 PM
NOTICE OF INITIAL PRETRIAL CONFERENCE An initial pretrial conference is hereby scheduled for Thursday, February 27, 2025, at 2:30 p.m. This conference will be held telephonically. The parties should call into the Court's dedicated conference line at (855) 244-8681, and enter Access Code 2318-315-0661, followed by the pound(#) key. Counsel are directed to review the Court's Individual Rules and Practices in Civil Cases, found at https://nysd.uscourts.gov/hon-paul-engelmayer, for the Court's procedures for telephonic conferences and for instructions for communicating with chambers. Prepare a Civil Case Management Plan and Scheduling Order in accordance with the Court's Individual Rules, available at https://www.nysd.uscourts.gov/hon-paul-engelmayer, to be submitted to the Court no later than February 24, 2025. Prepare a joint letter, not to exceed three pages in length, to be submitted to the Court no later than February 24, 2025, addressing the following topics in separate paragraphs: (1) a brief description of the case, including the factual and legal bases for the claim(s) and defense(s), and the history of the case; (2) any contemplated motions; and (3) the prospect for settlement. For the Court's convenience, the parties are requested to set forth the date and time of the conference in the opening paragraph of the letter. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 1/28/2025) Initial Conference set for 2/27/2025 at 02:30 PM in telephone or video conference before Judge Paul A. Engelmayer. (ar)
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39 39 16 pgs order Memorandum & Opinion Tue 01/28 10:48 AM
OPINION & ORDER re:9 MOTION to Dismiss. filed by Reading International, Inc. Plaintiff Haley Berryman brings this putative class action against Reading International, Inc. ("Reading"), a movie theater chain operator, for violations of the Video Privacy Protection Act ("VPPA"), 18 U.S.C. § 2710. Berryman alleges, inter alia, that Reading disclosed private data about her online viewing consumption to Meta Platforms, Inc. ("Facebook") without her knowledge or consent. She also claims that Reading failed to disclose to her the total cost of its theater tickets, inclusive of ancillary fees, at the outset of the online purchasing process, in violation of§ 25.07(4) of the New York Arts and Cultural Affairs Law ("NYACAL"). Reading moves to dismiss all claims under Federal Rule of Procedure 12(b)(6). It separately argues that the Court should dismiss the NYACAL claim for lack of standing under Rule 12(b)(l). Reading also seeks to strike the Complaint's class allegations under Rule 12(f). For the reasons that follow, the Court denies both motions to dismiss. The Court denies in substantial part the Rule 12(f) motion as premature. As further stated in this order, For the foregoing reasons, the Court denies Reading's motions to dismiss under Rules 12(b)(l) and 12(b)(6), and, except as to the VPPA movie screening class which the Court strikes, denies the Rule 12(f) motion to strike. The Clerk of Court is respectfully directed to close all pending motions. By separate order, the Court will schedule a case management conference. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 1/28/2025) (ar)
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Thursday, January 23, 2025
38 38 notice Notice (Other) Thu 01/23 2:43 PM
NOTICE of Supplemental Authority. Document filed by Haley Berryman..(Fraietta, Philip)
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Att: 1 Exhibit A- Vasell et al. v. SeatGeek, Inc.
Friday, January 17, 2025
37 37 1 pgs order Order on Motion to Withdraw as Attorney Fri 01/17 10:47 AM
MEMO ENDORSEMENT granting36 Motion to Withdraw as Attorney. ENDORSEMENT: GRANTED. SO ORDERED. Attorney Joshua D. Arisohn terminated. (Signed by Judge Paul A. Engelmayer on 1/17/2025) (tg)
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Thursday, January 16, 2025
36 36 motion Withdraw as Attorney Thu 01/16 1:37 PM
MOTION for Joshua D. Arisohn to Withdraw as Attorney . Document filed by Haley Berryman..(Fraietta, Philip)
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35 35 notice Notice of Appearance Thu 01/16 1:35 PM
NOTICE OF APPEARANCE by Alec M. Leslie on behalf of Haley Berryman..(Leslie, Alec)
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Friday, December 20, 2024
34 34 misc Letter Fri 12/20 3:27 PM
LETTER addressed to Judge Paul A. Engelmayer from Tyler Andrews dated December 20, 2024 re: Response to Notice of Supplemental Authority [Doc 33]. Document filed by Reading International, Inc...(Andrews, Tyler)
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Tuesday, December 17, 2024
33 33 notice Notice (Other) Tue 12/17 5:54 PM
NOTICE of Supplemental Authority. Document filed by Haley Berryman..(Fraietta, Philip)
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Att: 1 Exhibit A - Cammayo v. 1and8, Inc. d/b/a Museum of Ice Cream Order
Friday, December 13, 2024
32 32 misc Letter Fri 12/13 4:41 PM
LETTER addressed to Judge Paul A. Engelmayer from Tyler Andrews dated December 13, 2024 re: Reply to Response to Supplemental Letter Submission re Salazar. Document filed by Reading International, Inc...(Andrews, Tyler)
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Thursday, December 05, 2024
31 31 misc Letter Thu 12/05 2:43 PM
LETTER addressed to Judge Paul A. Engelmayer from Philip L. Fraietta dated 12/05/2024 re: Response to Supplemental Letter Submission re Salazar. Document filed by Haley Berryman..(Fraietta, Philip)
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Thursday, November 14, 2024
30 30 misc Letter Thu 11/14 1:13 PM
SUPPLEMENTAL LETTER addressed to Judge Paul A. Engelmayer from Tyler R. Andrews, Esq. dated November 14, 2024 re:. supplemental letter submission re Salazar per Court Order [Doc# 27]. Document filed by Reading International, Inc...(Andrews, Tyler)
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Monday, October 28, 2024
29 29 1 pgs order Order on Motion for Extension of Time to File Tue 10/29 10:00 AM
ORDER granting28 Letter Motion for Extension of Time to File. GRANTED. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 10/28/24) (yv)
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Friday, October 25, 2024
28 28 motion Extension of Time to File Document Fri 10/25 4:13 PM
CONSENT LETTER MOTION for Extension of Time to File supplemental letter submission re Salazar addressed to Judge Paul A. Engelmayer from Sarah Atlas, Esq. dated October 25, 2024. Document filed by Reading International, Inc...(Atlas, Sarah)
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Friday, October 18, 2024
27 27 2 pgs order Order Fri 10/18 5:51 PM
ORDER re:26 Letter, filed by Haley Berryman. It is not clear to the Court whether Reading, in light of Salazar, will continue to take the position that the VPPA claim does not state a claim. The Court thereby directs the parties to make supplemental letter submissions on the motion to dismiss the VPPA claim in light of Salazar. Reading's letter is due November 1, 2024, and shall state whether Reading continues to move to dismiss the VPPA claim, and if so, explain why that motion is compatible with Salazar. In the event that Reading continues to move against the VPPA claim, Berryman's opposition is due November 15, 2024. Any reply is due November 22, 2024. For avoidance of doubt, the parties' letter submissions are not to address Berryman's claim under the New York Arts and Cultural Affairs Law. (Signed by Judge Paul A. Engelmayer on 10/18/2024) (tro)
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Tuesday, October 15, 2024
26 26 misc Letter Tue 10/15 5:08 PM
LETTER addressed to Judge Paul A. Engelmayer from Philip L. Fraietta dated October 15, 2024 re: Second Circuits recent opinion. Document filed by Haley Berryman..(Fraietta, Philip)
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Att: 1 Exhibit A- Salazar v. National Basketball Association
Monday, June 17, 2024
25 25 1 pgs order Order on Motion to Appear Pro Hac Vice Mon 06/17 5:49 PM
ORDER FOR ADMISSION PRO HAC VICE granting22 Motion to Appear Pro Hac Vice. The motion of Mark E. Ferrario, for admission to practice Pro Hac Vice in the above captioned action is granted. As further set forth by this Order. (Signed by Judge Paul A. Engelmayer on 6/17/2024) (tg)
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24 24 2 pgs order Order on Motion to Appear Pro Hac Vice Mon 06/17 5:47 PM
ORDER FOR ADMISSION PRO HAC VICE granting21 Motion to Appear Pro Hac Vice. The motion of Tyler R. Andrews, for admission to practice Pro Hac Vice in the above captioned action is granted. As further set forth by this Order. (Signed by Judge Paul A. Engelmayer on 6/17/2024) (tg)
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Friday, June 07, 2024
23 23 respm Reply Memorandum of Law in Support of Motion Fri 06/07 4:02 PM
REPLY MEMORANDUM OF LAW in Support re:9 MOTION to Dismiss . . Document filed by Reading International, Inc...(Atlas, Sarah)
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Friday, May 24, 2024
misc Notice Regarding Pro Hac Vice Motion Fri 05/24 10:08 AM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 22 MOTION for Mark E. Ferrario to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29396562. 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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Thursday, May 23, 2024
22 22 motion Appear Pro Hac Vice Thu 05/23 6:36 PM
MOTION for Mark E. Ferrario to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29396562. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Reading International, Inc...(Ferrario, Mark)
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Att: 1 Affidavit Declaration of Mark E. Ferrario in support of Motion,
Att: 2 Exhibit A - Certificate of Good Standing from Nevada,
Att: 3 Exhibit B - Certificate of Good Standing from California,
Att: 4 Proposed Order Granting Admission Pro Hac Vice of Mark E. Ferrario
Wednesday, May 22, 2024
21 21 motion Appear Pro Hac Vice Wed 05/22 4:42 PM
MOTION for Tyler R. Andrews to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29390566. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Reading International, Inc...(Andrews, Tyler)
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Att: 1 Affidavit Declaration of Tyler Andrews in support of Motion,
Att: 2 Exhibit A - Certificate of Good Standing from Nevada,
Att: 3 Exhibit B - Certificate of Good Standing from California,
Att: 4 Proposed Order Granting Admission Pro Hac Vice of Tyler Andrews
misc Notice Regarding Pro Hac Vice Motion Wed 05/22 4:52 PM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 21 MOTION for Tyler R. Andrews to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29390566. 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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Tuesday, May 21, 2024
20 20 order Stipulation and Order Tue 05/21 3:18 PM
STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANT TO FILE REPLY IN SUPPORT OF MOTION TO DISMISS OR, IN THE ALTERNATIVE, STRIKE CLASS ALLEGATIONS NOW, IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS: 1. Reading's Reply Memorandum of Law in Support of its Motion to Dismiss or, in the Alternative, Strike Class Allegations will be due on or before June 7, 2024. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/21/2024) (jca)
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utility Set/Reset Deadlines Tue 05/21 3:18 PM
Set/Reset Deadlines: Replies due by 6/7/2024. (jca)
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Monday, May 20, 2024
19 19 misc Proposed Stipulation and Order Mon 05/20 3:13 PM
PROPOSED STIPULATION AND ORDER. Document filed by Reading International, Inc...(Atlas, Sarah)
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Friday, May 10, 2024
18 18 respm Declaration in Opposition to Motion Fri 05/10 1:31 PM
DECLARATION of Philip L. Fraietta in Opposition re:9 MOTION to Dismiss .. Document filed by Haley Berryman..(Fraietta, Philip)
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Att: 1 Exhibit A - Senate Report,
Att: 2 Exhibit B - New York Sponsors Memorandum 2022 SB 9461
17 17 30+ pgs respm Memorandum of Law in Opposition to Motion Fri 05/10 12:56 PM
MEMORANDUM OF LAW in Opposition re:9 MOTION to Dismiss . . Document filed by Haley Berryman..(Fraietta, Philip)
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Wednesday, April 17, 2024
16 16 1 pgs order Order on Motion for Extension of Time to File Response/Reply Wed 04/17 3:55 PM
ORDER granting15 Letter Motion for Extension of Time to File Response/Reply re15 JOINT LETTER MOTION for Extension of Time to File Response/Reply as to9 MOTION to Dismiss, addressed to Judge Paul A. Engelmayer from Philip L. Fraietta dated April 16, 2024,9 MOTION to Dismiss. GRANTED. SO ORDERED. Responses due by 5/10/2024. Replies due by 5/24/2024. (Signed by Judge Paul A. Engelmayer on 4/17/2024) (va)
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Tuesday, April 16, 2024
15 15 motion Extension of Time to File Response/Reply Tue 04/16 9:09 PM
JOINT LETTER MOTION for Extension of Time to File Response/Reply as to9 MOTION to Dismiss . addressed to Judge Paul A. Engelmayer from Philip L. Fraietta dated April 16, 2024. Document filed by Haley Berryman..(Fraietta, Philip)
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14 14 misc Rule 7.1 Corporate Disclosure Statement Tue 04/16 11:36 AM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Reading International, Inc...(Atlas, Sarah)
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Thursday, April 11, 2024
misc Notice to Attorney Regarding Deficient Rule 7.1 Corporate Disclosure Statement Thu 04/11 9:41 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Sarah Atlas to RE-FILE Document No. 13 Rule 7.1 Corporate Disclosure Statement. The filing is deficient for the following reason(s): the corporate parent/other affiliate was not added;. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes or No radio button - If Yes - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time. (lb)
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Wednesday, April 10, 2024
13 13 misc Rule 7.1 Corporate Disclosure Statement Wed 04/10 5:00 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Reading International, Inc...(Atlas, Sarah)
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12 12 notice Notice of Appearance Wed 04/10 11:46 AM
NOTICE OF APPEARANCE by Philip Lawrence Fraietta on behalf of Haley Berryman..(Fraietta, Philip)
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Monday, April 08, 2024
11 11 2 pgs order Order on Motion to Dismiss Mon 04/08 9:37 AM
ORDER with respect to9 Motion to Dismiss. Accordingly, it is hereby ORDERED that plaintiff shall file any amended complaint by April 26, 2024. No further opportunities to amend will ordinarily be granted. If plaintiff does amend, by May 17, 2024, defendant shall: (1) file an answer; (2) file a new motion to dismiss; or (3) submit a letter to the Court, copying plaintiff, stating that they rely on the previously filed motion to dismiss. It is further ORDERED that if no amended complaint is filed, plaintiff shall serve any opposition to the motion to dismiss by April 26, 2024. Defendants' reply, if any, shall be served by May 10, 2024. At the time any reply is served, the moving party shall supply the Court with two (2) courtesy copies of all motion papers by mailing or delivering them to the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York 10007. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/8/2024) (va)
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utility Set/Reset Deadlines Mon 04/08 9:38 AM
Set/Reset Deadlines: Amended Pleadings due by 4/26/2024. Motions due by 5/17/2024. (va)
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Friday, April 05, 2024
10 10 26 pgs respm Memorandum of Law in Support of Motion Fri 04/05 4:16 PM
MEMORANDUM OF LAW in Support re:9 MOTION to Dismiss . . Document filed by Reading International, Inc...(Atlas, Sarah)
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9 9 2 pgs motion Dismiss Fri 04/05 4:15 PM
MOTION to Dismiss . Document filed by Reading International, Inc...(Atlas, Sarah)
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Friday, March 15, 2024
8 8 order Stipulation and Order ~Util - Set Deadlines Fri 03/15 5:04 PM
STIPULATION AND ORDER TO SET BRIEFING SCHEDULE NOW, IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS: 1. RDI's responsive pleading deadline shall be extended by thirty (30) days, from March 6, 2024 to April 5, 2024. GRANTED. The parties are reminded that requests for extensions of time, even if jointly stipulated to, should be submitted in advance of the deadline to be extended. SO ORDERED. Reading International, Inc. answer due 4/5/2024. (Signed by Judge Paul A. Engelmayer on 3/15/2024) (jca)
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7 7 notice Notice of Appearance Fri 03/15 1:00 PM
NOTICE OF APPEARANCE by Sarah Atlas on behalf of Reading International, Inc...(Atlas, Sarah)
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Thursday, March 14, 2024
6 6 misc Proposed Stipulation and Order Thu 03/14 5:48 PM
PROPOSED STIPULATION AND ORDER. Document filed by Reading International, Inc...(Atlas, Sarah)
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Wednesday, February 14, 2024
5 5 service Summons Returned Executed Wed 02/14 4:23 PM
SUMMONS RETURNED EXECUTED. Reading International, Inc. served on 2/14/2024, answer due 3/6/2024. Service was accepted by Koy Saechao, Registered Agent. Document filed by Haley Berryman..(Arisohn, Joshua)
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Friday, February 02, 2024
4 4 service Summons Issued Fri 02/02 3:29 PM
ELECTRONIC SUMMONS ISSUED as to Reading International, Inc...(pc)
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notice Case Opening Initial Assignment Notice Fri 02/02 11:43 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. 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] ..(pc)
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utility Case Designation Fri 02/02 11:43 AM
Magistrate Judge Barbara C. Moses 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] . (pc)
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utility Case Designated ECF Fri 02/02 11:44 AM
Case Designated ECF. (pc)
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misc Notice to Attorney Regarding Case Opening Statistical Error Correction Fri 02/02 11:44 AM
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Joshua David Arisohn. The following case opening statistical information was erroneously selected/entered: Cause of Action code blank; Dollar Demand blank;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1331; the Dollar Demand has been modified to $5,000,000;. (pc)
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misc Notice to Attorney Regarding Party Modification Fri 02/02 11:44 AM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Joshua David Arisohn. The party information for the following party/parties has been modified: Haley Berryman. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc)
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Thursday, February 01, 2024
3 3 service Request for Issuance of Summons Thu 02/01 8:55 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Reading International, Inc., re:1 Complaint. Document filed by Haley Berryman..(Arisohn, Joshua)
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2 2 misc Civil Cover Sheet Thu 02/01 8:54 PM
CIVIL COVER SHEET filed..(Arisohn, Joshua)
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1 1 36 pgs cmp Complaint Thu 02/01 8:53 PM
COMPLAINT against Reading International, Inc.. (Filing Fee $ 405.00, Receipt Number ANYSDC-28893776)Document filed by Haley Berryman..(Arisohn, Joshua)
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Att: 1 Exhibit A