New York Eastern District Court
Judge:Joanna Seybert
Referred: James M Wicks
Case #: 2:24-cv-03345
Nature of Suit840 Property Rights - Trademark
Cause15:1114 Trademark Infringement
Case Filed:May 06, 2024
Last checked: Saturday Nov 02, 2024 5:08 AM EDT
Defendant
La Bottega Syosset NY Inc.
Represented By
Nino James Caridi
Nino Caridi Law, P.C.
contact info
Defendant
La Bottega of East Meadow Inc.
Represented By
Nino James Caridi
Nino Caridi Law, P.C.
contact info
Defendant
La Bottega of Merrick NY, Inc.
Represented By
Nino James Caridi
Nino Caridi Law, P.C.
contact info
Defendant
Lou Neglia
Represented By
Nino James Caridi
Nino Caridi Law, P.C.
contact info
Defendant
Anthony St. George
Represented By
Nino James Caridi
Nino Caridi Law, P.C.
contact info
Plaintiff
La Bottega Franchise, Inc.
Represented By
Thomas Anthony Telesca
Ruskin Moscou Faltischek PC
contact info
Briana Enck-Smith
Ruskin Moscou Faltischek, P.C.
contact info


Docket last updated: 2 hours ago
Friday, May 16, 2025
order Status Report Order Fri 05/16 11:13 AM
ORDER. In light of the representations set forth in Plaintiff's letter (ECF No.32 ), the parties are directed to file a further joint status report on or before June 6, 2025 . So Ordered by Magistrate Judge James M. Wicks on 5/16/2025. (JDP)
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Thursday, May 15, 2025
32 32 misc Status Report Thu 05/15 5:35 PM
STATUS REPORT Joint Status Report by La Bottega Franchise, Inc. (Enck-Smith, Briana)
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Tuesday, April 15, 2025
order Order on Motion to Adjourn Conference Tue 04/15 10:27 AM
ORDER granting31 Motion to Adjourn Conference. In light of the representations in Plaintiff's letter (ECF No.31 ), the in-person Status Conference before the undersigned set for April 17, 2025 is hereby cancelled and the parties are directed to file a joint status report with the Court on or before May 15, 2025 . So Ordered by Magistrate Judge James M. Wicks on 4/15/2025. (JDP)
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Monday, April 14, 2025
31 31 motion Adjourn Conference Mon 04/14 2:50 PM
MOTION to Adjourn Conference by La Bottega Franchise, Inc.. (Telesca, Thomas)
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Tuesday, April 08, 2025
30 30 misc Letter Tue 04/08 5:35 PM
Letter re: Defendant Status Report by La Bottega Syosset NY Inc., La Bottega of East Meadow Inc., La Bottega of Merrick NY, Inc., Lou Neglia, Anthony St. George (Caridi, Nino)
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order Scheduling Order Tue 04/08 11:19 AM
SCHEDULING ORDER: In light of the recently filed status report (ECF No.29 ), the parties are directed to appear for an in-person Status Conference before the undersigned on April 17, 2025 at 1:30PM at the United States District Courthouse, Eastern District of New York, 100 Federal Plaza, Courtroom 1020, Central Islip, New York. So Ordered by Magistrate Judge James M. Wicks on 4/8/2025. (JDP)
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Monday, April 07, 2025
29 29 misc Letter Mon 04/07 11:57 AM
Letter of Joint Status Report by La Bottega Franchise, Inc. (Telesca, Thomas)
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order Order(Other) Mon 04/07 11:58 AM
ORDER. As per the undersigned's Electronic Order dated March 13, 2025, the parties were directed to file a joint status report on or before April 4, 2025 which they have failed to do. Accordingly, the parties shall file their joint status report on or before April 14, 2025 . So Ordered by Magistrate Judge James M. Wicks on 4/7/2025. (JDP)
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Thursday, March 13, 2025
order Order(Other) Thu 03/13 10:59 AM
ORDER. In light of the representations set forth in Plaintiff's letter (ECF No.28 ), the parties shall file a further joint status report on or before April 4, 2025 . So Ordered by Magistrate Judge James M. Wicks on 3/13/2025. (JDP)
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Wednesday, March 12, 2025
28 28 misc Letter Wed 03/12 4:24 PM
Letter by La Bottega Franchise, Inc. (Telesca, Thomas)
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Tuesday, March 04, 2025
order Order(Other) Tue 03/04 9:49 AM
ORDER: Pursuant to the Electronic Order dated January 27, 2025, the parties were directed to file a joint status report with the Court on or before March 3, 2025 outlining the status of settlement agreement preparation which the parties have failed to do. Accordingly, the parties are directed to file their joint status report on or before March 12, 2025 . So Ordered by Magistrate Judge James M. Wicks on 3/4/2025. (JDP)
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Monday, January 27, 2025
minutes Settlement Conference ~Util - Set Deadlines/Hearings Mon 01/27 3:27 PM
Minute Order for proceedings held before Magistrate Judge James M. Wicks: CIVIL CAUSE FOR SETTLEMENT CONFERENCE: Settlement Conference held on January 27, 2025 at 2:00 PM and settlement in principle reached. Parties are to prepare settlement agreement and file Joint Status Report letter as to progress on or before March 3, 2025 . So Ordered by Magistrate Judge James M. Wicks on January 27, 2025. (DF)
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Thursday, January 23, 2025
27 27 minutes Status Conference ~Util - Set Hearings Thu 01/23 2:11 PM
Minute Entry for proceedings held before Magistrate Judge James M. Wicks: CIVIL CAUSE FOR STATUS CONFERENCE. APPEARANCES: For Plaintiff: Thomas Anthony Telesca and for Defendant: Nino James Caridi. Status Conference held on 1/23/2025. The parties advised the Court of the status of this case. An in-person Settlement Conference has been set for January 27, 2025 at 2:00 PM before the undersigned in Courtroom 1020. The parties are directed to submit their ex parte Settlement Statements to the chambers email: wicks_chambers@nyed.uscourts.gov, by the close of business on January 24, 2025 . THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. (FTR Log #9:30-9:40.) (AMF)
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Wednesday, January 22, 2025
26 26 order Scheduling Order Wed 01/22 2:10 PM
ORDER re25 Letter by La Bottega Franchise, Inc. The parties are directed to appear for a Status Conference before the undersigned set for tomorrow, January 23, 2025 at 9:30 AM before the undersigned via the Court's Video Zoom to discuss scheduling an in-person Settlement Conference. See the so-ordered Letter Application attached for further details. So Ordered by Magistrate Judge James M. Wicks on 1/22/2025. (DN)
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Tuesday, January 21, 2025
25 25 misc Letter Tue 01/21 2:15 PM
Letter by La Bottega Franchise, Inc. (Telesca, Thomas)
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Monday, January 13, 2025
24 24 misc Letter Mon 01/13 4:57 PM
Letter Joint Status by La Bottega Franchise, Inc. (Telesca, Thomas)
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order Order(Other) Mon 01/13 5:39 PM
ORDER: The parties having reported the matter settled, the date by which a Stipulation of Dismissal was to be filed was set for January 3, 2025, later extended to January 13, 2025 when none was filed. In light of the representations in the letter application filed at ECF No. 24, the date by which the Stipulation of Dismissal shall be filed is hereby extended to and including January 20, 2025. So Ordered by Magistrate Judge James M. Wicks on 1/13/2025. (Wicks, James)
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Monday, January 06, 2025
order Order(Other) Mon 01/06 9:39 AM
ORDER. Pursuant to this Court's Electronic Order dated December 4, 2024, the parties were directed to file a Stipulation of Dismissal on or before January 3, 2025. To date, no such filing has been made. Accordingly, the parties are directed to comply on or before January 13, 2025. So Ordered by Magistrate Judge James M. Wicks on 1/6/2025. (DN)
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Wednesday, December 04, 2024
order 1 - Terminate Deadlines and Hearings Order(Other) Wed 12/04 12:13 PM
ORDER. In light of the parties' representation that they have settled this matter in principle (ECF No. 23), the Initial Conference set for December 9, 2024 is hereby CANCELLED. The parties are directed to file a Stipulation of Dismissal on or before January 3, 2024. So Ordered by Magistrate Judge James M. Wicks on 12/4/2024. (DN)
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Monday, December 02, 2024
23 23 misc Letter Mon 12/02 4:27 PM
Letter by La Bottega Franchise, Inc. (Telesca, Thomas)
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Att: 1 Proposed Rule 26(f) Scheduling Order
Friday, November 01, 2024
order Order on Motion for Extension of Time to Answer Fri 11/01 12:12 PM
ORDER granting22 Motion for Extension of Time to Answer. The time within which Defendants shall respond to the Complaint is extended to and including November 7, 2024. So Ordered by Magistrate Judge James M. Wicks on 11/1/2024. (DN)
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Thursday, October 31, 2024
22 22 motion Extension of Time to File Answer Thu 10/31 12:13 PM
Second MOTION for Extension of Time to File Answer by La Bottega of Merrick NY, Inc., La Bottega Syosset NY Inc., La Bottega of East Meadow Inc., Anthony St. George, Lou Neglia. (Caridi, Nino)
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Tuesday, October 29, 2024
order Scheduling Order Tue 10/29 7:38 PM
ORDER. In light of the Status Report at ECF No. 21, the parties are directed to appear for a Rule 26 Initial Conference set for December 9, 2024 at 10:00 AM before the undersigned via the Court's Video Zoom. The Court will email the Zoom invitation closer to the conference date. This conference is a public proceeding, and all are welcome to attend via telephone or via video. If you would like to receive the Zoom invitation, please contact Judge Wicks' Courtroom Deputy at (631) 712-5625. Parties shall comply with Judge Wicks' Individual Rules regarding Expectations for Remote Appearances (Rule §1E). The parties are further directed to complete and file the Proposed Scheduling Order attached at ECF No.14 for the Court's consideration on or before December 2, 2024 . If the matter is reported as settled, the parties are advised that the Initial Conference will be cancelled, and the parties will no longer be required to file a Proposed Scheduling Order. So Ordered by Magistrate Judge James M. Wicks on 10/29/2024. (DN)
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Monday, October 28, 2024
21 21 misc Status Report Mon 10/28 5:26 PM
STATUS REPORT Joint Status Report by La Bottega Franchise, Inc. (Enck-Smith, Briana)
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Tuesday, October 01, 2024
order Order(Other) Tue 10/01 1:42 PM
ORDER re20 Request for Extension of Time to Answer and Adjourn Initial Conference. The Rule 26 Initial Conference set for October 3, 2024 at 10:30 AM before the undersigned via the Court's Video Zoom is hereby adjourned sine die . The parties are directed to file a Joint Status Report, on or before October 28, 2024, advising the Court on the status of settlement discussions. The time within which Defendants shall respond to the Complaint is extended to and including October 31, 2024. So Ordered by Magistrate Judge James M. Wicks on 10/1/2024. (DN)
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Monday, September 30, 2024
20 20 misc Letter Mon 09/30 5:40 PM
Letter re: joint status report by La Bottega Franchise, Inc. (Telesca, Thomas)
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Wednesday, September 04, 2024
order Order on Motion to Adjourn Conference Wed 09/04 2:59 PM
ORDER granting18 Motion to Adjourn Conference. The Rule 26 Initial Conference is adjourned to October 3, 2024 at 10:30 AM before the undersigned via the Court's Video Zoom. The Court will email the Zoom invitation closer to the conference date. This conference is a public proceeding, and all are welcome to attend via telephone or via video. If you would like to receive the Zoom invitation, please contact Judge Wicks Courtroom Deputy at (631) 712-5625. Parties shall comply with Judge Wicks Individual Rules regarding Expectations for Remote Appearances (Rule §1E). Defendants are directed to answer or otherwise respond to the Complaint on or before September 27, 2024. The parties are to file a Joint Status Report advising the Court on the status of settlement discussions on or before September 30, 2024. So Ordered by Magistrate Judge James M. Wicks on 9/4/2024. (DN)
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Tuesday, September 03, 2024
19 19 misc Proposed Scheduling Order Tue 09/03 4:23 PM
Proposed Scheduling Order by La Bottega Franchise, Inc. (Telesca, Thomas)
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18 18 motion Adjourn Conference Tue 09/03 4:22 PM
MOTION to Adjourn Conference by joint status report by La Bottega Franchise, Inc.. (Telesca, Thomas)
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Monday, July 22, 2024
order Order on Motion to Adjourn Conference Mon 07/22 10:16 AM
ORDER granting17 Motion to Adjourn Conference. The parties are directed to, on or before September 3, 2024, file a Joint Status Report advising the Court on the status of settlement discussions. If the case is not reported as settled, the parties are directed to complete and file the Proposed Scheduling Order attached at ECF No.14 for the Court's consideration. So Ordered by Magistrate Judge James M. Wicks on 7/22/2024. (DN)
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Friday, July 19, 2024
17 17 motion Adjourn Conference Fri 07/19 1:08 PM
Letter MOTION to Adjourn Conference by La Bottega Franchise, Inc.. (Telesca, Thomas)
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Friday, June 28, 2024
order Order on Motion to Adjourn Conference Fri 06/28 9:42 AM
ORDER granting16 Motion to Adjourn Conference. The Rule 26 Initial Conference scheduled for July 2, 2024 at 9:30 AM by Zoom is hereby adjourned sine die . The parties are no longer required to file a Proposed Scheduling Order by June 28, 2024. The parties are to file a Joint Status Report advising the Court on the status of settlement discussions on or before July 19, 2024 . So Ordered by Magistrate Judge James M. Wicks on 6/28/2024. (DN)
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order Order on Motion for Extension of Time to Answer Fri 06/28 9:45 AM
ORDER granting15 Motion for Extension of Time to Answer. The time within which Defendants shall respond to the Complaint is extended to and including August 30, 2024. So Ordered by Magistrate Judge James M. Wicks on 6/28/2024. (DN)
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Wednesday, June 26, 2024
16 16 motion Adjourn Conference Wed 06/26 4:26 PM
Letter MOTION to Adjourn Conference by La Bottega Franchise, Inc.. (Telesca, Thomas)
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15 15 motion Extension of Time to File Answer Wed 06/26 4:19 PM
Letter MOTION for Extension of Time to File Answer re1 Complaint, by La Bottega Franchise, Inc.. (Telesca, Thomas)
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Monday, June 10, 2024
14 14 4 pgs order Order on Motion for Extension of Time to Answer Mon 06/10 6:59 AM
ORDER granting13 Motion for Extension of Time to Answer. The time within which Defendants shall respond to the complaint is extended to and including July 31, 2024. The parties are further directed to file a joint status report on or before June 26, 2024. In the event the case is not resolve through mediation by that date, a Rule 26 Initial Conference is scheduled for July 2, 2024 at 9:30am by Zoom. The parties shall jointly file a proposed scheduling order on or before June 28, 2024. So Ordered by Magistrate Judge James M. Wicks on 6/10/2024. (Wicks, James) (DF). Modified on 6/10/2024 to add attachment, Proposed Rule 26(f) Scheduling Order (DF)
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order ~Util - Set Deadlines/Hearings Mon 06/10 11:53 AM
Set Deadlines: In accordance with the undersigned's Order dated June 10, 2024, the Initial Conference scheduled for July 2, 2024 at 9:30 AM via the Court's Video Zoom has been set behind the scenes on ECF. (DF)
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Sunday, June 09, 2024
13 13 motion Extension of Time to File Answer Sun 06/09 9:43 PM
First MOTION for Extension of Time to File Answer by La Bottega Syosset NY Inc., La Bottega of East Meadow Inc., La Bottega of Merrick NY, Inc., Lou Neglia, Anthony St. George. (Caridi, Nino)
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Att: 1 Transmittal Joint Stipulation to Extend Time to Answer, Move, or Otherwise Respond to the Plaintiff's Complaint
Friday, June 07, 2024
12 12 notice Notice of Appearance Fri 06/07 5:53 AM
NOTICE of Appearance by Nino James Caridi on behalf of All Defendants (aty to be noticed) (Caridi, Nino)
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Monday, May 13, 2024
11 11 service Affidavit of Service Mon 05/13 3:50 PM
AFFIDAVIT of Service for Summons and Complaint served on Lou Neglia on 05/11/2024, filed by La Bottega Franchise, Inc.. (Telesca, Thomas)
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10 10 service Affidavit of Service Mon 05/13 3:49 PM
AFFIDAVIT of Service for Summons and Complaint served on Anthony St. George on 05/11/2024, filed by La Bottega Franchise, Inc.. (Telesca, Thomas)
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9 9 service Affidavit of Service Mon 05/13 3:48 PM
AFFIDAVIT of Service for Summons and Complaint served on La Bottega of East Meadow on 05/11/2024, filed by La Bottega Franchise, Inc.. (Telesca, Thomas)
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8 8 service Affidavit of Service Mon 05/13 3:47 PM
AFFIDAVIT of Service for Summons and Complaint served on La Bottega Syosset NY, Inc. on 05/11/2024, filed by La Bottega Franchise, Inc.. (Telesca, Thomas)
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7 7 service Affidavit of Service Mon 05/13 3:45 PM
AFFIDAVIT of Service for Summons and Complaint served on La Bottega of Merrick NY, Inc. on 05/11/2024, filed by La Bottega Franchise, Inc.. (Telesca, Thomas)
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Friday, May 10, 2024
6 6 service Summons Issued Fri 05/10 10:44 AM
Summons Issued as to All Defendants. (CL)
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Thursday, May 09, 2024
5 5 notice Notice of Report Patent or Trademark AO120 Thu 05/09 1:53 PM
Notice of Report on the filing of an action regarding a Trademark. (CL)
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4 4 misc Clerks Notice of Rule 73 Thu 05/09 1:50 PM
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] (CL)
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3 3 misc Corporate Disclosure Statement Thu 05/09 11:56 AM
Corporate Disclosure Statement by La Bottega Franchise, Inc. (Telesca, Thomas)
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2 2 notice Notice of Appearance Thu 05/09 11:53 AM
NOTICE of Appearance by Briana Enck-Smith on behalf of La Bottega Franchise, Inc. (aty to be noticed) (Enck-Smith, Briana)
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misc Quality Control Check - Attorney Case Opening Thu 05/09 1:46 PM
This attorney case opening filing has been checked for quality control. (CL)
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utility Case Assigned/Reassigned Thu 05/09 1:49 PM
Case Assigned to Judge Joanna Seybert and Magistrate Judge James M. Wicks. 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. (CL)
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Monday, May 06, 2024
1 1 28 pgs cmp Complaint Mon 05/06 2:58 PM
COMPLAINT against La Bottega Syosset NY Inc., La Bottega of East Meadow Inc., La Bottega of Merrick NY, Inc., Lou Neglia, Anthony St. George filing fee $ 405, receipt number ANYEDC-17845223 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by La Bottega Franchise, Inc.. (Telesca, Thomas)
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Att: 1 Proposed Summons,
Att: 2 Civil Cover Sheet,
Att: 3 Form AO 120