Jabbour v. Brillio, LLC
| New York Southern District Court | |
| Judge: | P Kevin Castel |
| Case #: | 1:24-cv-02704 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity Action |
| Case Filed: | Apr 10, 2024 |
| Last checked: Monday Oct 07, 2024 4:25 AM EDT |
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Defendant
Brillio, LLC
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Represented By
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Plaintiff
Nicolas Jabbour
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Represented By
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| Docket last updated: 2 hours ago |
| Friday, March 14, 2025 | ||
| 34 | 34
12
pgs
order
Memorandum & Opinion
Fri 03/14 3:55 PM
OPINION AND ORDER re:23 MOTION to Dismiss Defendant's Notice of Motion to Dismiss Plaintiff's First Amended Complaint, or, in the Alternative, to Compel Arbitration . filed by Brillio, LLC,26 LETTER MOTION for Oral Argument on Defendant's Motion to Dismiss, or, in the Alternative, to Compel Arbitration addressed to Judge P. Kevin Castel from Christopher D. Frey dated July 22, 2024 filed by Brillio, LLC. Brillio's motion to compel arbitration of Jabbour's claims is GRANTED. The motion to dismiss the Amended Complaint is DENIED as moot. This action is STAYED pending a final award in the arbitration. Katz v. Cellco Partnership, 794 F.3d 341, 347 (2d Cir. 2015) ("[T]he FAA mandate[s] a stay of proceedings when all of the claims in an action have been referred to arbitration and a stay requested."). The parties are directed to advise the Court in writing within thirty (30) days of a final award in the arbitration or other form of resolution of the claims asserted in this action. The Clerk is requested to terminate the motions at ECF 23 and 26. SO ORDERED. (Signed by Judge P. Kevin Castel on 3/14/2025) (vfr) |
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utility
Case Stayed
Fri 03/14 3:56 PM
Case Stayed (vfr) |
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| Wednesday, February 26, 2025 | ||
| 33 | 33
respoth
Affidavit (non-motion)
Wed 02/26 3:17 PM
AFFIDAVIT of Nicolas Jabbour re:32 Order,, in Compliance with Order ECF 32 dated 2/26/2025 re Diversity of Citizenship . Document filed by Nicolas Jabbour..(Grayson, Eric) |
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| 32 | 32
1
pgs
order
Order
Wed 02/26 12:21 PM
ORDER re:17 Amended Complaint, filed by Nicolas Jabbour. The removal petition only refers to the residency of plaintiff. (ECF 1 3.) The First Amended Complaint omits jurisdictional allegations. (ECF 17.) "As a threshold matter, residence alone is insufficient to establish domicile for jurisdiction purposes." Van Buskirk v. United Group of Companies, Inc., 935 F.3d 49, 54 (2d Cir. 2019). Within 7 days, plaintiff shall file an affidavit stating whether he is a citizen of any state and, if so, what state. If plaintiff is not a citizen of a state, plaintiff shall state his country of citizenship. SO ORDERED. (Signed by Judge P. Kevin Castel on 2/26/2025) (ar) |
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| Wednesday, October 09, 2024 | ||
| 31 | 31
14
pgs
respm
Reply Memorandum of Law in Support of Motion
Wed 10/09 4:25 PM
REPLY MEMORANDUM OF LAW in Support re:23 MOTION to Dismiss // Defendant's Notice of Motion to Dismiss Plaintiff's First Amended Complaint, or, in the Alternative, to Compel Arbitration . . Document filed by Brillio, LLC..(Frey, Christopher) |
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| Thursday, September 19, 2024 | ||
| 30 | 30
1
pgs
misc
Letter
Thu 09/19 6:50 PM
LETTER addressed to Judge P. Kevin Castel from Eric D. Grayson, Esq. dated September 19, 2024 re: Enclosing Plaintiff's Memorandum of Law with Exhibit (ECF 29) in opposition to Defendant's Motion to the Dismiss the Complaint and/or Compel Arbitration (ECF 23 and 24).. Document filed by Nicolas Jabbour..(Grayson, Eric) |
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| 29 | 29
26
pgs
respm
Memorandum of Law in Opposition to Motion
Thu 09/19 6:16 PM
MEMORANDUM OF LAW in Opposition re:23 MOTION to Dismiss // Defendant's Notice of Motion to Dismiss Plaintiff's First Amended Complaint, or, in the Alternative, to Compel Arbitration . . Document filed by Nicolas Jabbour..(Grayson, Eric) |
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Att: 1
90 pgs
Exhibit Ex. 1, SPA
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| Friday, August 16, 2024 | ||
| 28 | 28
2
pgs
order
Memo Endorsement ~Util - Set Deadlines
Fri 08/16 6:04 PM
MEMO ENDORSEMENT on re:27 Letter, filed by Nicolas Jabbour. ENDORSEMENT: The "busy-with-other-pressing-matters" plea for additional time is not warmly received in this district. The excuse has now been used by plaintiff's counsel and will not be accepted again. Plaintiff's time to respond to motion to dismiss extended to September 20 and defendant's time to reply extended to October 9. SO ORDERED. ( Replies due by 10/9/2024., Responses due by 9/20/2024) (Signed by Judge P. Kevin Castel on 8/16/2024) (vfr) |
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| Wednesday, August 14, 2024 | ||
| 27 | 27
misc
Letter
Wed 08/14 11:04 AM
LETTER addressed to Judge P. Kevin Castel from Eric D. Grayson, Esq. dated August 14, 2024 re: Requesting an extension from 8/21/2024 to 9/23/2024 to file opposition papers to Defendants' Motion to Dismiss and/or to compel arbitration. Document filed by Nicolas Jabbour..(Grayson, Eric) |
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| Monday, July 22, 2024 | ||
| 26 | 26
motion
Oral Argument
Mon 07/22 8:13 PM
LETTER MOTION for Oral Argument on Defendant's Motion to Dismiss, or, in the Alternative, to Compel Arbitration addressed to Judge P. Kevin Castel from Christopher D. Frey dated July 22, 2024. Document filed by Brillio, LLC..(Frey, Christopher) |
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| 25 | 25
2
pgs
respm
Declaration in Support of Motion
Mon 07/22 8:07 PM
DECLARATION of Christopher D. Frey in Support re:23 MOTION to Dismiss // Defendant's Notice of Motion to Dismiss Plaintiff's First Amended Complaint, or, in the Alternative, to Compel Arbitration .. Document filed by Brillio, LLC..(Frey, Christopher) |
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Att: 1
Exhibit A - Redline Comparing Complaint Against FAC,
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Att: 2
Exhibit B - Plaintiff's Arbitration Agreement,
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Att: 3
Exhibit C - Plaintiff's Side Letter,
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Att: 4
Exhibit D - Employee Bonus Letter,
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Att: 5
Exhibit E - Employee Performance Bonus Letter
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| 24 | 24
30+
pgs
respm
Memorandum of Law in Support of Motion
Mon 07/22 8:01 PM
MEMORANDUM OF LAW in Support re:23 MOTION to Dismiss // Defendant's Notice of Motion to Dismiss Plaintiff's First Amended Complaint, or, in the Alternative, to Compel Arbitration . . Document filed by Brillio, LLC..(Frey, Christopher) |
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| 23 | 23
motion
Dismiss
Mon 07/22 7:52 PM
MOTION to Dismiss // Defendant's Notice of Motion to Dismiss Plaintiff's First Amended Complaint, or, in the Alternative, to Compel Arbitration . Document filed by Brillio, LLC..(Frey, Christopher) |
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| Thursday, June 20, 2024 | ||
| 22 | 22
2
pgs
order
Order on Motion for Conference
Thu 06/20 12:04 PM
ORDER terminating11 Letter Motion for Conference // Request for Pre-Motion Conference addressed to Judge P. Kevin Castel from Christopher D. Frey dated April 17, 2024. Pursuant to the authority of Rule 16(b)(3)(A), Fed. R. Civ. P., the Court issues the following scheduling Order: Brillio, LLC may file its motion within 30 days of this Order, Jabbour may respond 30 days thereafter, and Brillio, LLC may reply 21 days thereafter. Any motion to further amend the First Amended Complaint will be deemed untimely, unless a motion to amend with a marked-to-show-changes version of the proposed amendment is filed within 14 days of the filing of the motion to dismiss or compel arbitration. The July 1, 2024 conference is VACATED. The Clerk is requested to terminate the letter motion at ECF 11. SO ORDERED. (Signed by Judge P. Kevin Castel on 6/20/2024) (vfr) |
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| Tuesday, June 18, 2024 | ||
| 21 | 21
misc
Letter
Tue 06/18 6:37 PM
LETTER addressed to Judge P. Kevin Castel from Christopher D. Frey dated June 18, 2024 re: Initial Pretrial Conference and Discovery Disclosures. Document filed by Brillio, LLC..(Frey, Christopher) |
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| Wednesday, June 12, 2024 | ||
| 20 | 20
misc
Letter
Wed 06/12 6:19 PM
LETTER addressed to Judge P. Kevin Castel from Eric D. Grayson, Esq. dated June 12, 2014 re: Response to Brillio, LLC's Letter dated June 7, 2024 (ECF 19) requesting a Pre-Motion Conference. Document filed by Nicolas Jabbour..(Grayson, Eric) |
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Att: 1
Exhibit 1. First Amended Complaint,
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Att: 2
Exhibit 2. SPA,
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Att: 3
Exhibit 3. Offer Letter
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| Friday, June 07, 2024 | ||
| 19 | 19
misc
Letter
Fri 06/07 2:50 PM
LETTER addressed to Judge P. Kevin Castel from Christopher D. Frey dated June 7, 2024 re: Defendant Brillio's Anticipated Motion to Dismiss the First Amended Complaint. Document filed by Brillio, LLC..(Frey, Christopher) |
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Att: 1
Exhibit A - Plaintiff's First Amended Complaint and Exhibits,
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Att: 2
Exhibit B - Redline Comparing Complaint to First Amended Complaint,
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Att: 3
Exhibit C - Plaintiff's Side Letter,
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Att: 4
Exhibit D - Employee Bonus Letter,
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Att: 5
Exhibit E - Employee Performance Bonus Letter,
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Att: 6
Exhibit F - Arbitration Agreement
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| Tuesday, May 28, 2024 | ||
| 18 | 18
misc
Jury Demand
Tue 05/28 5:15 PM
DEMAND for Trial by Jury. Document filed by Nicolas Jabbour.(Grayson, Eric) |
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| 17 | 17
cmp
Amended Complaint
Tue 05/28 3:22 PM
FIRST AMENDED COMPLAINT amending16 Amended Complaint, against Brillio, LLC with JURY DEMAND.Document filed by Nicolas Jabbour. Related document:16 Amended Complaint,..(Grayson, Eric) |
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Att: 1
Exhibit Ex. 1, SPA,
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Att: 2
Exhibit Ex. 2, Offer
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misc
Notice to Attorney Regarding Deficient Pleading
Tue 05/28 3:14 PM
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Eric D. Grayson to RE-FILE Document No. 16 Amended Complaint. The filing is deficient for the following reason(s): the All Defendant radio button was selected; the wrong party/parties whom the pleading is against were selected. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (sj) |
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| Friday, May 24, 2024 | ||
| 16 | 16
cmp
Amended Complaint
Fri 05/24 4:23 PM
AMENDED COMPLAINT against All Defendants with JURY DEMAND.Document filed by Nicolas Jabbour..(Grayson, Eric) |
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Att: 1
Exhibit Ex. 1, SPA,
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Att: 2
Exhibit Ex. 2, Offer
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| Friday, May 10, 2024 | ||
| 15 | 15
1
pgs
order
Order ~Util - Set Deadlines
Fri 05/10 3:57 PM
ORDER: Based upon the Court's review of the 12 page single-spaced letter of defendant detailing the grounds for a proposed motion to dismiss and the equivocal response of plaintiff's counsel regarding an amendment to the pleadings, the Court GRANTS plaintiff leave to replead provided he does so by May 25, 2024. SO ORDERED. ( Amended Pleadings due by 5/25/2024.) (Signed by Judge P. Kevin Castel on 5/10/2024) (vfr) |
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| Monday, May 06, 2024 | ||
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notice
Notice (Other)
Mon 05/06 4:59 PM
NOTICE: Initial Pretrial Conference originally scheduled for June 27, 2024 is adjourned to July 1, 2024 at 10:30 a.m. See Docket Entry 9 for information. (Nacanther, Florence) |
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| Friday, May 03, 2024 | ||
| 14 | 14
misc
Letter
Fri 05/03 4:13 PM
LETTER addressed to Judge P. Kevin Castel from Eric D. Grayson, Esq. dated May 3, 2024 re: Response to Brillio, LLC's Letter dated April 17, 2024 (ECF 11) requesting a Pre-Motion Conference. Document filed by Nicolas Jabbour..(Grayson, Eric) |
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Att: 1
Exhibit Complaint with SPA,
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Att: 2
Exhibit Employment Arb. Agreement
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| Friday, April 19, 2024 | ||
| 13 | 13
order
Memo Endorsement ~Util - Set Deadlines
Fri 04/19 12:33 PM
MEMO ENDORSEMENT on re:12 Letter, filed by Nicolas Jabbour. ENDORSEMENT: Application for extension of time to respond to pre-motion letter until May 3 is GRANTED. Please consult Individual Practices before responding. SO ORDERED. ( Responses due by 5/3/2024) (Signed by Judge P. Kevin Castel on 4/19/2024) (vfr) |
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| Thursday, April 18, 2024 | ||
| 12 | 12
misc
Letter
Thu 04/18 5:39 PM
FIRST LETTER addressed to Judge P. Kevin Castel from Eric D. Grayson, Esq. dated April 18, 2024 re: An extension of time to May 3, 2024, to file a response to the Pre-Motion Conference letter dated April 17, 2024, filed by Brillio, LLC. Document filed by Nicolas Jabbour..(Grayson, Eric) |
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| Wednesday, April 17, 2024 | ||
| 11 | 11
motion
Conference
Wed 04/17 4:14 PM
LETTER MOTION for Conference // Request for Pre-Motion Conference addressed to Judge P. Kevin Castel from Christopher D. Frey dated April 17, 2024. Document filed by Brillio, LLC..(Frey, Christopher) |
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Att: 1
Exhibit A - Plaintiff's Complaint,
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Att: 2
Exhibit B - Plaintiff's December 17, 2021 Side Letter,
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Att: 3
Exhibit C - Paul Baryski's December 17, 2021 Bonus Letter,
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Att: 4
Exhibit D - Paul Baryski's December 17, 2021 Performance Bonus Letter,
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Att: 5
Exhibit E - Plaintiff's Arbitration Agreement
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| Thursday, April 11, 2024 | ||
| 10 | 10
service
Certificate of Service Other
Thu 04/11 5:26 PM
CERTIFICATE OF SERVICE of United States District Court Judge P. Kevin Castel's Individual Practices in Civil Cases; United States Magistrate Judge Valerie Figueredo's Individual Practices in Civil Cases served on Nicolas Jabbour on April 11, 2024. Document filed by Brillio, LLC..(Frey, Christopher) |
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| 9 | 9
2
pgs
order
Order for Initial Pretrial Conference
Thu 04/11 3:28 PM
INITIAL PRETRIAL CONFERENCE: Initial Conference set for 6/27/2024 at 12:30 PM before Judge P. Kevin Castel. The call-in information for all teleconferences is: Dial-in: 1-888-363-4749 Access Code: 3667981. SO ORDERED. (Signed by Judge P. Kevin Castel on 4/11/2024) (vfr) |
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| 8 | 8
order
Order on Motion to Appear Pro Hac Vice
Thu 04/11 1:56 PM
ORDER granting5 Motion for Ward A. Penfold to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence) |
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| 7 | 7
notice
Notice of Appearance
Thu 04/11 12:37 PM
NOTICE OF APPEARANCE by Eric D. Grayson on behalf of Nicolas Jabbour..(Grayson, Eric) |
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notice
Case Opening Initial Assignment Notice
Thu 04/11 10:44 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge P. Kevin Castel. 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] ..(vf) |
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utility
Case Designation
Thu 04/11 10:44 AM
Magistrate Judge Valerie Figueredo 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] . (vf) |
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utility
Case Designated ECF
Thu 04/11 10:44 AM
Case Designated ECF. (vf) |
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| Wednesday, April 10, 2024 | ||
| 6 | 6
service
Certificate of Service Other
Wed 04/10 5:37 PM
CERTIFICATE OF SERVICE of Notice of Removal; Civil Cover Sheet; Corporate Disclosure Statement; Notice of Appearance; Motion to Admit Counsel Pro Hac Vice; Docket Sheet; ECF Rules & Instructions served on Nicolas Jabbour on April 10, 2024. Document filed by Brillio, LLC..(Frey, Christopher) |
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| 5 | 5
motion
Appear Pro Hac Vice
Wed 04/10 3:16 PM
MOTION for Ward A. Penfold to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29201312. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Brillio, LLC..(Penfold, Ward) |
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Att: 1
Affidavit / Declaration of Ward A. Penfold in Support of Motion to Admit Counsel Pro Hac Vice,
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Att: 2
Exhibit A - Certificate of Good Standing,
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Att: 3
Proposed Order Granting Motion to Admit Counsel Pro Hac Vice
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| 4 | 4
notice
Notice of Appearance
Wed 04/10 2:18 PM
NOTICE OF APPEARANCE by Christopher Douglas Frey on behalf of Brillio, LLC..(Frey, Christopher) |
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| 3 | 3
misc
Rule 7.1 Corporate Disclosure Statement
Wed 04/10 1:34 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Brillio Holdings, Inc., Other Affiliate Brillio Technologies Pvt Ltd., Other Affiliate Standav Corp., Other Affiliate Cognetik Corp., Other Affiliate Comity Designs, Inc. for Brillio, LLC. Document filed by Brillio, LLC..(Frey, Christopher) |
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| 2 | 2
misc
Civil Cover Sheet
Wed 04/10 1:26 PM
CIVIL COVER SHEET filed..(Frey, Christopher) |
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| 1 | 1
notice
Notice of Removal
Wed 04/10 1:05 PM
NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 651235/2024. (Filing Fee $ 405.00, Receipt Number ANYSDC-29199951).Document filed by Brillio, LLC..(Frey, Christopher) |
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Att: 1
Exhibit A - State Court Docket Sheet,
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Att: 2
113 pgs
Exhibit B - Complaint,
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Att: 3
Exhibit C - Summons,
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Att: 4
Exhibit D - Affidavit of Service
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misc
Notice Regarding Pro Hac Vice Motion
Wed 04/10 3:26 PM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 5 MOTION for Ward A. Penfold to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29201312. 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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