Rusinich v. Dee Cee Associates LLC et al
| New York Southern District Court | |
| Judge: | J Paul Oetken |
| Referred: | Gary Stein |
| Case #: | 1:24-cv-03344 |
| Nature of Suit | 446 Civil Rights - Amer w/Disabilities - Other |
| Cause | 42:12188 Americans With Disabilities Act - Civil Enforcement Actions |
| Case Filed: | May 01, 2024 |
| Last checked: Monday Oct 28, 2024 4:35 AM EDT |
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Cross Claimant
Dee Cee Associates LLC
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Represented By
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Cross Defendant
Whole Pies, Inc.
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Represented By
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Defendant
Dee Cee Associates LLC
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Represented By
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Defendant
Whole Pies, Inc.
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Represented By
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Plaintiff
Pauline Rusinich
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Represented By
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| Docket last updated: 7 hours ago |
| Wednesday, April 30, 2025 | ||
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adr
Mediation Conference Not Held
Wed 04/30 9:40 AM
MEDIATION CONFERENCE NOT HELD Mediation Conference scheduled for 05/06/2025 will not be held. Mediation Status due by 5/15/2025.(sni) |
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| Wednesday, April 02, 2025 | ||
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adr
Mediation Conference Scheduled
Wed 04/02 10:18 AM
FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 5/6/2025 at 10:00 AM in telephone or video conference.(sni) |
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| Monday, March 10, 2025 | ||
| 36 | 36
notice
Notice of Change of Address
Mon 03/10 4:28 PM
NOTICE OF CHANGE OF ADDRESS by Michael Robert Schneider on behalf of Dee Cee Associates LLC. New Address: Kennedys CMK LLP, 22 Vanderbilt Avenue, Suite 2400, New York, New York, United States 10017, (646) 625-4000..(Schneider, Michael) |
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| Thursday, February 06, 2025 | ||
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adr
Notice of Mediator Assignment
Thu 02/06 1:02 PM
NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 3/10/2025.(sge) |
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| Monday, January 27, 2025 | ||
| 35 | 35
order
Mediation Referral Order ~Util - Set Deadlines/Hearings
Mon 01/27 12:48 PM
MEDIATION REFERRAL ORDER: It is hereby ORDERED that this case is referred for mediation to the Court-annexed Mediation Program. The parties are hereby notified that Local Civil Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. In light of the parties' continued cooperation and their request for a referral to mediation, the Status Conference scheduled for Tuesday, January 28, 2025 at 10:00 a.m. is hereby canceled. The parties are to provide a Joint Status Letter no later than seven days after the Mediation Conference. SO ORDERED. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647.( Mediator to be Assigned by 2/10/2025.) (Signed by Magistrate Judge Gary Stein on 1/27/2025) (tg) |
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| Friday, January 24, 2025 | ||
| 34 | 34
misc
Letter
Fri 01/24 5:45 PM
LETTER addressed to Magistrate Judge Gary Stein from Robert G. Hanski dated January 24, 2025 re: Joint Status Letter. Document filed by Pauline Rusinich..(Hanski, Robert) |
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| Tuesday, November 19, 2024 | ||
| 33 | 33
order
Scheduling Order
Tue 11/19 2:26 PM
RESCHEDULING ORDER: The Court has reviewed the parties' joint status letter submitted on November 15, 2024. (Dkt. No. 32). In light of the parties' continued cooperation, the Status Conference scheduled for Wednesday, November 20, 2024 at 2:00 p.m. is hereby adjourned to Tuesday, January 28, 2025 at 10:00 a.m. The parties are directed to submit a joint status letter no later than Thursday, January 23, 2025, advising the Court as to the status of this matter. Click here to join the meeting. [Meeting ID: 248 477 587 905] [Passcode: CH3D7hL6] SO ORDERED. Status Conference set for 1/28/2025 at 10:00 AM before Magistrate Judge Gary Stein. (Signed by Magistrate Judge Gary Stein on 11/19/2024) (tg) |
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| Friday, November 15, 2024 | ||
| 32 | 32
misc
Letter
Fri 11/15 2:28 PM
LETTER addressed to Magistrate Judge Gary Stein from Robert G. Hanski dated November 15, 2024 re: Joint Status Letter. Document filed by Pauline Rusinich..(Hanski, Robert) |
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| Tuesday, October 01, 2024 | ||
| 31 | 31
answer
Answer to Crossclaim
Tue 10/01 12:38 PM
ANSWER to30 Crossclaim. Document filed by Whole Pies, Inc...(Crawford, Allyn) |
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| Friday, September 20, 2024 | ||
| 30 | 30
answer
Answer to Complaint zz Crossclaim
Fri 09/20 12:17 PM
ANSWER to1 Complaint., CROSSCLAIM against Whole Pies, Inc.. Document filed by Dee Cee Associates LLC..(Chavez, Daniel) |
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| Thursday, August 29, 2024 | ||
| 29 | 29
order
Case Management Plan
Thu 08/29 12:06 PM
CASE MANAGEMENT PLAN AND SCHEDULING ORDER: The parties submit this Case Management Plan and Scheduling Order pursuant to Federal Rule of Civil Procedure 26(f): No additional parties may be joined after November 21, 2024. Any motion to join after this date will need to meet the good cause requirements of Fed. R. Civ. P. 16. No amended pleadings may be filed after November 21, 2024. Any motion to amend after this date will need to meet the good cause requirements of R. Civ. P. 16. The parties do anticipate using testifying experts. All parties do not consent to a trial before a Magistrate Judge at this time. The case is to be tried to a jury. The parties anticipate that the trial of this case will require 3 days. Settlement discussions have not taken place. SO ORDERED. Amended Pleadings due by 11/21/2024. Joinder of Parties due by 11/21/2024. Deposition due by 1/31/2025. Fact Discovery due by 2/28/2025. Expert Discovery due by 4/30/2025. Status Conference set for 11/20/2024 at 02:00 PM before Magistrate Judge Gary Stein. (Signed by Magistrate Judge Gary Stein on 8/29/2024) (tg) |
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| 28 | 28
order
Stipulation and Order ~Util - Set Deadlines/Hearings
Thu 08/29 11:58 AM
STIPULATION TO VACATE CERTIFICATE OF DEFAULT: IT IS HEREBY STIPULATED AND AGREED, that the Certificate of Default entered into as against Defendant, DEE CEE ASSOCIATES, LLC, dated July 26, 2024, and entered in the office of the Clerk of the within named Court on July 26, 2024, is hereby vacated and set aside by consent; IT IS FURTHER STIPULATED AND AGREED, that Defendant, DEE CEE ASSOCIATES LLC, shall file an Answer to Plaintiffs Complaint by September 20, 2024; IT IS FURTHER STIPULATED AND AGREED, that Plaintiff and Defendants hereby consent to electronic service of all documents pursuant to F.R.C.P 5(b)(2)(E); IT IS FURTHER STIPULATED AND AGREED, that a facsimile and/or electronic signature of the undersigned shall be deemed originals, and that this Stipulation may be filed with the Clerk of the Court without further notice to either party. SO ORDERED. Dee Cee Associates LLC answer due 9/20/2024. (Signed by Magistrate Judge Gary Stein on 8/29/2024) (tg) |
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| 27 | 27
misc
Proposed Case Management Plan
Thu 08/29 7:52 AM
PROPOSED CASE MANAGEMENT PLAN. Document filed by Dee Cee Associates LLC..(Chavez, Daniel) |
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| 26 | 26
misc
Letter
Thu 08/29 7:51 AM
FIRST LETTER addressed to Magistrate Judge Gary Stein from Daniel Chavez dated 8-26-24 re: STIPULATION TO VACATE DEFAULT. Document filed by Dee Cee Associates LLC..(Chavez, Daniel) |
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| Wednesday, August 21, 2024 | ||
| 25 | 25
order
Scheduling Order
Wed 08/21 5:28 PM
VIDEO STATUS CONFERENCE ORDER: This action is scheduled for a Video Status Conference on Wednesday, November 20, 2024 at 2:00 p.m. The parties are directed to submit a joint status letter no later than Friday, November 15, 2024 advising the court as to the status of this matter. Counsel is directed to join the conference via Microsoft Teams at the scheduled time using the following link, as further set forth herein. Meeting ID: [247 520 159 664] Passcode: [ty4GH9]. SO ORDERED. Status Conference set for 11/20/2024 at 02:00 PM before Magistrate Judge Gary Stein. (Signed by Magistrate Judge Gary Stein on 8/21/2024) (vfr) |
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| 24 | 24
notice
Notice of Appearance
Wed 08/21 1:25 PM
NOTICE OF APPEARANCE by Michael Robert Schneider on behalf of Dee Cee Associates LLC..(Schneider, Michael) |
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| 23 | 23
notice
Notice of Appearance
Wed 08/21 1:12 PM
NOTICE OF APPEARANCE by Daniel J. Chavez on behalf of Dee Cee Associates LLC..(Chavez, Daniel) |
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minutes
Pretrial Conference - Initial
Wed 08/21 2:59 PM
Minute Entry. An Initial Case Management Conference was held on Wednesday, August 21, 2024 before Magistrate Judge Gary Stein. (ta) |
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| Thursday, August 15, 2024 | ||
| 22 | 22
misc
Proposed Scheduling Order
Thu 08/15 11:38 PM
PROPOSED SCHEDULING ORDER. Document filed by Pauline Rusinich..(Hanski, Robert) |
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| 21 | 21
order
Memo Endorsement
Thu 08/15 11:25 AM
MEMO ENDORSEMENT on re:20 Proposed Scheduling Order filed by Pauline Rusinich. ENDORSEMENT: The parties' time to submit a joint proposed case management plan and scheduling order ("CMP") is extended to Friday, August 16, 2024. If the Court does not receive a joint proposed CMP on or before this date, then the Court will only consider Plaintiff's proposed CMP (see Dkt. No. 20). SO ORDERED. (Signed by Magistrate Judge Gary Stein on 8/15/2024) (tg) |
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| Wednesday, August 14, 2024 | ||
| 20 | 20
misc
Proposed Scheduling Order
Wed 08/14 10:15 PM
PROPOSED SCHEDULING ORDER. Document filed by Pauline Rusinich..(Hanski, Robert) |
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Att: 1
Supplement Letter Accompanying Proposed Scheduling Order
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| Friday, July 26, 2024 | ||
| 19 | 19
misc
Clerk's Certificate of Default
Fri 07/26 1:34 PM
CLERK'S CERTIFICATE OF DEFAULT as to Dee Cee Associates LLC.(km) |
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| 18 | 18
respoth
Affirmation in Support (non-motion)
Fri 07/26 12:34 PM
AFFIRMATION of Robert G. Hanski in Support re:17 Proposed Clerk's Certificate of Default. Document filed by Pauline Rusinich..(Hanski, Robert) |
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Att: 1
Exhibit Request for Issuance of Certificate of Default
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| 17 | 17
misc
Proposed Clerk's Certificate of Default
Fri 07/26 12:00 PM
PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Pauline Rusinich..(Hanski, Robert) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 7/26/2024 (km) |
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misc
Notice to Attorney Regarding Deficient Proposed Clerk's Certificate of Default
Fri 07/26 10:25 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Robert Hanski. RE-FILE Document No. 16 Affirmation in Support, 15 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): The clerk's certificate does not list the correct Clerk of Court. Please refer to our website, under forms for the updated information. Re-file the document using the event type Proposed Clerk's Certificate of Default found under the event list Proposed Orders - select the correct filer/filers - attach the correct PDF that - lists the correct filed date of the complaint, lists the correct name(s) of the party(ies) who was/were served, lists the correct date the party(ies) was/were served, lists the correct filed date of the proof of service. Refile the Affirmation using Other Answers, Affirmation in support (non-motion). (km) |
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| Thursday, July 25, 2024 | ||
| 16 | 16
respoth
Affirmation in Support (non-motion)
Thu 07/25 10:04 PM
AFFIRMATION of Robert G. Hanski in Support re:15 Proposed Clerk's Certificate of Default. Document filed by Pauline Rusinich..(Hanski, Robert) |
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Att: 1
Exhibit Request for Certificate of Default
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| 15 | 15
misc
Proposed Clerk's Certificate of Default
Thu 07/25 10:02 PM
PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Pauline Rusinich..(Hanski, Robert) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers) |
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| Monday, July 22, 2024 | ||
| 14 | 14
1
pgs
order
Order ~Util - Set Hearings
Tue 07/23 9:24 AM
ORDER: Having reviewed Plaintiff's July 19, 2024 response to its July 17, 2024 Order to Show Cause, the Court is satisfied that Plaintiff intends to prosecute this case. (See Dkt. Nos. 10&13). As such, the Initial Case Management Conference previously scheduled for July 17, 2024, at which no party appeared, is hereby rescheduled to Wednesday, August 21, 2024 at 2:00 p.m. Accordingly, a joint proposed case management plan and scheduling order is due by August 14, 2024. The parties may access the video conference using the access information in the Court's June 27, 2024 Order (Dkt. No. 9). Further, the appearing parties are warned that their failure to attend the adjourned Initial Case Management Conference may result in sanctions. SO ORDERED. (Initial Conference set for 8/21/2024 at 02:00 PM before Magistrate Judge Gary Stein.) (Signed by Magistrate Judge Gary Stein on 7/22/2024) (sgz) |
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| Friday, July 19, 2024 | ||
| 13 | 13
respoth
Response to Order to Show Cause
Fri 07/19 5:04 PM
RESPONSE TO ORDER TO SHOW CAUSE re:10 Order to Show Cause,,. Document filed by Pauline Rusinich..(Hanski, Robert) |
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| Thursday, July 18, 2024 | ||
| 12 | 12
service
Summons Returned Executed
Thu 07/18 9:28 PM
SUMMONS RETURNED EXECUTED Summons and Complaint served. Whole Pies, Inc. served on 5/30/2024, answer due 6/20/2024. Service was accepted by Sue Zouky, Authorized Agent. Document filed by Pauline Rusinich..(Hanski, Robert) |
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| 11 | 11
service
Summons Returned Executed
Thu 07/18 9:27 PM
SUMMONS RETURNED EXECUTED Summons and Complaint served. Dee Cee Associates LLC served on 5/30/2024, answer due 6/20/2024. Service was accepted by Sue Zouky, Authorized Agent. Document filed by Pauline Rusinich..(Hanski, Robert) |
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| Wednesday, July 17, 2024 | ||
| 10 | 10
2
pgs
order
Order to Show Cause
Thu 07/18 9:27 AM
ORDER TO SHOW CAUSE: Accordingly, Plaintiff is directed to show cause, by no later than Wednesday, July 24, 2024, why this case should not be dismissed in light of Plaintiff's failure to prosecute it and its violation of the Court's June 27, 2024 Order. If Plaintiff fails to respond to this Order or otherwise demonstrate its intention to prosecute this litigation, I may recommend to Judge Oetken that this case be dismissed for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). SO ORDERED. (Signed by Magistrate Judge Gary Stein on 7/17/2024) (rro) |
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| Thursday, June 27, 2024 | ||
| 9 | 9
1
pgs
order
Order for Initial Pretrial Conference
Fri 06/28 9:02 AM
INITIAL CASE MANAGEMENT CONFERENCE ORDER: This action is scheduled for an Initial Case Management Conference on Wednesday, July 17, 2024 at 10:00 a.m. The parties are directed to appear for a video conference via Microsoft Teams at the scheduled time. The parties shall consult and comply with the undersigned's Individual Practices in Civil Cases, available at https://nysd.uscourts.gov/hon-gary-stein. In accordance with Section II.A of the Individual Practices, counsel are directed to jointly file the attached joint Proposed Case Management Plan and Scheduling Order no later than one week prior to the conference. Click here to join the meeting. [Meeting ID: 263 537 814 477 Passcode: fSoHvj.] SO ORDERED. Initial Conference set for 7/17/2024 at 10:00 AM before Magistrate Judge Gary Stein. (Signed by Magistrate Judge Gary Stein on 6/27/2024) (mml) |
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| Wednesday, June 26, 2024 | ||
| 8 | 8
answer
Answer to Complaint
Wed 06/26 12:47 PM
ANSWER to1 Complaint. Document filed by Whole Pies, Inc...(Crawford, Allyn) |
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| 7 | 7
notice
Notice of Appearance
Wed 06/26 12:42 PM
NOTICE OF APPEARANCE by Allyn J Crawford on behalf of Whole Pies, Inc...(Crawford, Allyn) |
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| Thursday, May 02, 2024 | ||
| 6 | 6
1
pgs
order
Order Referring Case to Magistrate Judge
Thu 05/02 4:12 PM
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Gary Stein. (Signed by Judge J. Paul Oetken on 5/2/2024) (ate) |
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| 5 | 5
service
Summons Issued
Thu 05/02 11:13 AM
ELECTRONIC SUMMONS ISSUED as to Dee Cee Associates LLC, Whole Pies, Inc.. (vf) |
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| 4 | 4
notice
Notice of Appearance
Thu 05/02 10:54 AM
NOTICE OF APPEARANCE by Adam Saul Hanski on behalf of Pauline Rusinich..(Hanski, Adam) |
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notice
Case Opening Initial Assignment Notice
Thu 05/02 11:09 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. 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 05/02 11:09 AM
Magistrate Judge Gary Stein 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 05/02 11:09 AM
Case Designated ECF. (vf) |
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| Wednesday, May 01, 2024 | ||
| 3 | 3
service
Request for Issuance of Summons
Wed 05/01 3:47 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Dee Cee Associates LLC and Whole Pies, Inc., re:1 Complaint. Document filed by Pauline Rusinich..(Hanski, Robert) |
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| 2 | 2
misc
Civil Cover Sheet
Wed 05/01 3:46 PM
CIVIL COVER SHEET filed..(Hanski, Robert) |
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| 1 | 1
cmp
Complaint
Wed 05/01 3:17 PM
COMPLAINT against Dee Cee Associates LLC, Whole Pies, Inc.. (Filing Fee $ 405.00, Receipt Number ANYSDC-29297646)Document filed by Pauline Rusinich..(Hanski, Robert) |
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