United Services Automobile Association et al v. Landow M.D. et al
| New York Eastern District Court | |
| Judge: | Nina R Morrison |
| Referred: | Marcia M Henry |
| Case #: | 1:24-cv-03471 |
| Nature of Suit | 470 Other Statutes - Racketeer Influenced and Corrupt Organizations |
| Cause | 18:1962 Racketeering (RICO) Act |
| Case Filed: | May 10, 2024 |
| Last checked: Wednesday Nov 06, 2024 4:19 AM EST |
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Defendant
Atlantic Medical & Diagnostic, P.C.
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Represented By
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Defendant
John and Jane Does 1-10
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Defendant
Jonathan Landow M.D.
420 Jericho Turnpike # 212
Jericho, NY 11753 |
Represented By
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Defendant
Macintosh Medical P.C.
3910 Church Ave
New York, NY 11203 |
Represented By
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Defendant
The ABC Clinics
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Defendant
The ABC Referral Entities
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Plaintiff
Garrison Property & Casualty Insurance Company
9800 Fredericksburg Road
San Antonio, TX 78288 |
Represented By
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Plaintiff
USAA Casualty Insurance Company
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Represented By
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Plaintiff
USAA General Indemnity Company
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Represented By
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Plaintiff
United Services Automobile Association
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Represented By
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| Docket last updated: 32 minutes ago |
| Wednesday, May 14, 2025 | ||
| 27 | 27
misc
Letter
Wed 05/14 3:10 PM
Letter re: Status of First Motion to Stay and Enjoin by Garrison Property & Casualty Insurance Company, USAA Casualty Insurance Company, USAA General Indemnity Company, United Services Automobile Association (Gerbino, Vincent) |
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| Thursday, April 17, 2025 | ||
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order
Order on Motion for Extension of Time to File
Thu 04/17 8:36 AM
ORDER denying as moot 18 : In light of the Court's 01/24/2025 order, Defendants' motion at18 is denied as moot. So Ordered by Magistrate Judge Marcia M. Henry on 04/17/2025. (JPB) |
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| Thursday, February 20, 2025 | ||
| 26 | 26
respoth
Reply in Opposition
Thu 02/20 4:55 PM
REPLY in Opposition re17 First MOTION to Stay and Enjoin filed by Garrison Property & Casualty Insurance Company, USAA Casualty Insurance Company, USAA General Indemnity Company, United Services Automobile Association. (Gerbino, Vincent) |
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Att: 1
Exhibit 4-6-22 Examination Under Oath of Dr. Jonathan Landow,
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Att: 2
Exhibit 5-2-23 Examination Under Oath of Dr. Jonathan Landow (Atlantic Medical & Diagnostic, PC)
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| Thursday, January 30, 2025 | ||
| 25 | 25
respm
Response in Opposition to Motion
Thu 01/30 6:21 PM
RESPONSE in Opposition re17 First MOTION to Stay and Enjoin filed by Jonathan Landow M.D., Macintosh Medical P.C., Atlantic Medical & Diagnostic, P.C.. (Harfenist, Steven) |
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Att: 1
Declaration of Jonathan Landow, MD
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| 24 | 24
6
pgs
order
Order on Motion for Protective Order
Thu 01/30 1:33 AM
ORDER granting 23 : The parties' proposed protective order is so-ordered. See attached. So Ordered by Magistrate Judge Marcia M. Henry on 01/30/2025. (JPB) |
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| Tuesday, January 28, 2025 | ||
| 23 | 23
motion
Protective Order
Tue 01/28 10:06 AM
MOTION for Protective Order by United Services Automobile Association, USAA General Indemnity Company, USAA Casualty Insurance Company, Garrison Property & Casualty Insurance Company. (Gerbino, Vincent) |
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| Friday, January 24, 2025 | ||
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order
Order on Motion for Extension of Time to File Response/Reply
Fri 01/24 1:11 AM
ORDER granting 22 : With the consent of all parties, the following briefing schedule for Plaintiffs' motion to stay and enjoin (ECF No. 17) is so-ordered. No bundling is required. By 01/30/2025 , Defendants shall file their response in opposition via ECF. By 02/20/2025 , Plaintiffs shall file their reply on Defendants via ECF. So Ordered by Magistrate Judge Marcia M. Henry on 01/24/2025. (JPB) |
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| Wednesday, January 22, 2025 | ||
| 22 | 22
motion
Extension of Time to File Response/Reply
Wed 01/22 4:11 PM
Consent MOTION for Extension of Time to File Response/Reply as to17 First MOTION to Stay and Enjoin by Jonathan Landow M.D., Macintosh Medical P.C., Atlantic Medical & Diagnostic, P.C.. (Harfenist, Steven) |
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| Friday, January 17, 2025 | ||
| 21 | 21
2
pgs
order
Order on Motion for Extension of Time to Complete Discovery
Fri 01/17 1:13 AM
ORDER granting 20 : The parties' motion for an extension of time to complete discovery is granted. All fact discovery shall be completed by 03/28/2025 , with a joint status report certifying the close of fact discovery due that same day. All discovery shall be completed by 09/26/2025 with a joint status report certifying the close of all discovery due that same day. By 10/31/2025 , the parties shall take the first step to initiate any dispositive motion practice. If none, the parties shall file a Joint Pre-Trial Order by 11/15/2025 . Parties shall consult the presiding district judge's individual rules before filing dispositive motions or a Joint Pre-Trial Order. See attached. So Ordered by Magistrate Judge Marcia M. Henry on 01/17/2025. (JPB) |
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| Tuesday, January 14, 2025 | ||
| 20 | 20
motion
Extension of Time to Complete Discovery
Tue 01/14 4:59 PM
First MOTION for Extension of Time to Complete Discovery by United Services Automobile Association, USAA General Indemnity Company, USAA Casualty Insurance Company, Garrison Property & Casualty Insurance Company. (Gerbino, Vincent) |
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Att: 1
Discovery Plan/Scheduling Order (Doc 15),
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Att: 2
Proposed Order
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| Monday, December 23, 2024 | ||
| 19 | 19
misc
Consent to Magistrate Judge Disposition on Motion
Mon 12/23 11:33 AM
CONSENT to Magistrate Judge Disposition on Motion by United Services Automobile Association, USAA General Indemnity Company, USAA Casualty Insurance Company, Garrison Property & Casualty Insurance Company re17 First MOTION to Stay and Enjoin (Gerbino, Vincent) |
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| 18 | 18
motion
Extension of Time to File Document
Mon 12/23 10:45 AM
Consent MOTION for Extension of Time to File Opposition to Motion for Injunction (ECF Doc. 17) with proposed briefing schedule by Jonathan Landow M.D., Macintosh Medical P.C., Atlantic Medical & Diagnostic, P.C.. (Harfenist, Steven) |
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order
Order(Other)
Mon 12/23 8:14 PM
ORDER re16 : The parties report some progress with written discovery. All deadlines in the Court's 10/16/2024 Order (ECF No. 15) remain in effect. So Ordered by Magistrate Judge Marcia M. Henry on 12/23/2024. (JPB) |
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| Friday, December 20, 2024 | ||
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order
Order(Other)
Fri 12/20 6:05 PM
ORDER: The Court is in receipt of Plaintiff's17 motion to stay and enjoin. In the parties14 proposed discovery plan, the parties indicated that they consented to Magistrate Judge Henry's jurisdiction for dispositive motions. If the parties consent to Magistrate Judge Henry's jurisdiction for Plaintiff's17 motion to stay and enjoin, they shall jointly file a completed and signed consent form. Ordered by Judge Nina R. Morrison on 12/20/2024. (AH) |
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| Thursday, December 19, 2024 | ||
| 17 | 17
motion
Stay
Thu 12/19 5:18 PM
First MOTION to Stay and Enjoin by United Services Automobile Association, USAA General Indemnity Company, USAA Casualty Insurance Company, Garrison Property & Casualty Insurance Company. (Gerbino, Vincent) |
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Att: 1
Memorandum in Support,
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Att: 2
Declaration,
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Att: 3
Certificate of Service
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| Wednesday, December 18, 2024 | ||
| 16 | 16
misc
Status Report
Wed 12/18 4:19 PM
STATUS REPORT (Joint) by United Services Automobile Association, USAA General Indemnity Company, USAA Casualty Insurance Company, Garrison Property & Casualty Insurance Company (Gerbino, Vincent) |
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| Wednesday, October 16, 2024 | ||
| 15 | 15
minutes
Initial Conference Hearing
Thu 10/17 1:11 PM
MINUTE ENTRY for proceedings held before Magistrate Judge Marcia M. Henry: A video initial conference was held on 10/16/2024. Vincent Gerbino appeared on behalf of the Plaintiffs. Steven Harfenist appeared on behalf of Defendants Jonathan Landow M.D., Macintosh Medical P.C., and Atlantic Medical & Diagnostic, P.C. The parties' proposed discovery plan is So Ordered as amended. The parties shall complete fact discovery by 03/28/2025 with a joint status report certifying the close of fact discovery due by the same date. The parties shall complete all discovery by 09/26/2025 with a joint status report certifying the close of all discovery due by the same date. By 12/18/2024 the parties shall file a joint status report (not exceeding three pages) on their progress with discovery, any discovery disputes, and settlement discussions. Additionally, the parties' proposed discovery plan indicates that they consent to the undersigned magistrate judge's jurisdiction for dispositive motions. If the parties intend to so consent, then all parties must file a jointly completed and signed consent form at the time the motion is filed, indicating the relevant motion. See Notice of Option to Consent to Magistrate Jurisdiction (available at [LINK:https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf] ). Any party may withhold its consent without adverse substantive consequences. So Ordered by Magistrate Judge Marcia M. Henry on 10/16/2024. (Zoom Log # 2:44PM-3:04PM) (SY) |
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| Thursday, October 03, 2024 | ||
| 14 | 14
misc
Proposed Scheduling Order
Thu 10/03 9:38 AM
Proposed Scheduling Order Discovery Plan by USAA Casualty Insurance Company, USAA General Indemnity Company, United Services Automobile Association (Gerbino, Vincent) |
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| Thursday, September 05, 2024 | ||
| 13 | 13
misc
Corporate Disclosure Statement
Thu 09/05 10:25 AM
Corporate Disclosure Statement by Atlantic Medical & Diagnostic, P.C., Macintosh Medical P.C. (Harfenist, Steven) |
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| Wednesday, September 04, 2024 | ||
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order
Scheduling Order 1 - Terminate Hearings
Wed 09/04 6:03 PM
RESCHEDULING ORDER: The video initial conference is scheduled for 09/06/2024 is adjourned to 10/16/2024 at 2:30PM before Magistrate Judge Marcia M. Henry. Pro se litigants and counsel for each represented party shall appear via video. Case participants shall join the video call ten (10) minutes before the conference and shall use the Zoom invitation link sent to the email addresses listed on the docket. By 10/08/2024 , the parties must file a joint and completed copy of the Proposed Discovery Plan. To access this conference telephonically, the phone number 646-828-7666 and follow these steps: (1) Enter the meeting ID number: 160 622 8424 and then press #. (2) Press # again. (3) Enter the passcode: 607847 . Persons granted remote access to proceedings are reminded that photographing, recording, and rebroadcasting of any court proceeding or communication with the Court are prohibited. Violation of these prohibitions may result in sanctions. A transcript of the proceedings may be ordered from the Clerk's Office or the assigned Court Reporter. So Ordered by Magistrate Judge Marcia M. Henry on 09/04/2024. (SY) |
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| Friday, August 30, 2024 | ||
| 12 | 12
motion
Adjourn Conference
Fri 08/30 11:11 AM
Letter MOTION to Adjourn Conference by Atlantic Medical & Diagnostic, P.C., Jonathan Landow M.D., Macintosh Medical P.C.. (Harfenist, Steven) |
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order
Order on Motion to Adjourn Conference 1 - Terminate Deadlines and Hearings
Fri 08/30 12:12 PM
ORDER granting 12 : Defense counsel's request for an adjournment of the 09/06/2024 initial conference is granted, with consent of Plaintiffs. The initial conference and related deadline to file a joint proposed discovery plan are adjourned sine die . A separate rescheduling order shall issue. So Ordered by Magistrate Judge Marcia M. Henry on 08/30/2024. (JL) |
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| Wednesday, July 17, 2024 | ||
| 11 | 11
order
Scheduling Order
Wed 07/17 6:46 PM
SCHEDULING ORDER : A video initial conference is scheduled for 09/06/2024 at 12:30PM before Magistrate Judge Marcia M. Henry. Pro se litigants and counsel for each represented party shall appear via video. Case participants shall join the video call ten (10) minutes before the conference and shall use the Zoom invitation link sent to the email addresses listed on the docket. Counsel are directed to review the attached Initial Conference Order and this Court's Individual Practice Rules for instructions. By 08/30/2024 , the parties must file a joint and completed copy of the attached Proposed Discovery Plan (also available in PDF format at: [LINK:https://img.nyed.uscourts.gov/files/local_rules/ProposedDiscoveryPlanMMH.pdf] ). To access this conference telephonically, the phone number 646-828-7666 and follow these steps: (1) Enter the meeting ID number: 161 819 1074 and then press #. (2) Press # again. (3) Enter the passcode: 609239 . Persons granted remote access to proceedings are reminded that photographing, recording, and rebroadcasting of any court proceeding or communication with the Court are prohibited. Violation of these prohibitions may result in sanctions. A transcript of the proceedings may be ordered from the Clerk's Office or the assigned Court Reporter. So Ordered by Magistrate Judge Marcia M. Henry on 07/17/2024. (SY) |
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Att: 1
Individual Practice Rules,
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Att: 2
Proposed Discovery Plan
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| Monday, July 15, 2024 | ||
| 10 | 10
answer
Answer to Complaint
Mon 07/15 5:11 PM
ANSWER to1 Complaint, by Atlantic Medical & Diagnostic, P.C., Jonathan Landow M.D., Macintosh Medical P.C.. (Harfenist, Steven) |
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| Friday, June 21, 2024 | ||
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order
Order on Motion for Extension of Time to Answer
Fri 06/21 11:49 AM
ORDER granting 9 : Defendants Atlantic Medical & Diagnostic, P.C., Jonathan Landow M.D., Macintosh Medical P.C.'s deadline to answer or otherwise respond to the Complaint is extended to 07/15/2024 , with Plaintiffs' consent. Parties shall consult the presiding district judge's individual rules before filing dispositive motions. So Ordered by Magistrate Judge Marcia M. Henry on 06/21/2024. (JL) |
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| Thursday, June 20, 2024 | ||
| 9 | 9
motion
Extension of Time to File Answer
Thu 06/20 1:25 PM
Letter MOTION for Extension of Time to File Answer re1 Complaint, by Atlantic Medical & Diagnostic, P.C., Jonathan Landow M.D., Macintosh Medical P.C.. (Harfenist, Steven) |
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| Thursday, June 13, 2024 | ||
| 8 | 8
service
Summons Returned Executed
Thu 06/13 4:44 PM
SUMMONS Returned Executed by USAA Casualty Insurance Company, USAA General Indemnity Company, United Services Automobile Association. Atlantic Medical & Diagnostic, P.C. served on 5/23/2024, answer due 6/13/2024. (Gerbino, Vincent) |
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| 7 | 7
service
Summons Returned Executed
Thu 06/13 4:05 PM
SUMMONS Returned Executed by USAA Casualty Insurance Company, USAA General Indemnity Company, United Services Automobile Association. Macintosh Medical P.C. served on 5/22/2024, answer due 6/12/2024. (Gerbino, Vincent) |
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| Tuesday, May 14, 2024 | ||
| 6 | 6
service
Summons Issued
Tue 05/14 8:50 AM
Summons Issued as to Atlantic Medical & Diagnostic, P.C., Jonathan Landow M.D., Macintosh Medical P.C. (JVC) |
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| Monday, May 13, 2024 | ||
| 5 | 5
misc
Proposed Summons/Civil Cover Sheet
Mon 05/13 2:52 PM
Proposed Summons. by United Services Automobile Association (Gerbino, Vincent) |
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| 4 | 4
misc
Quality Control Check - Attorney Case Opening
Mon 05/13 1:20 PM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
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| 3 | 3
discov
Disclosure of Interested Parties
Mon 05/13 12:30 PM
DISCLOSURE of Interested Parties by United Services Automobile Association. (Gerbino, Vincent) |
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| 2 | 2
misc
Proposed Summons/Civil Cover Sheet
Mon 05/13 12:28 PM
Civil Cover Sheet.. by United Services Automobile Association (Gerbino, Vincent) |
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utility
Case Assigned/Reassigned
Mon 05/13 1:18 PM
Case Assigned to Judge Nina R. Morrison and Magistrate Judge Marcia M. Henry. 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. (KD) |
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notice
Notice(Other)
Mon 05/13 1:25 PM
NOTICE re4 Quality Control Check - Attorney Case Opening : Due to the amount of errors made when filing this case, Plaintiff counsel is advised to refer to the Attorney Case Opening Manual before filing another case electronically. (KD) |
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misc
Quality Control Check - Summons
Mon 05/13 1:28 PM
Your proposed summons was not issued for one of the following reasons: The full case caption must appear on the summons. All named Plaintiffs and Defendants must appear on the summons. Do not use "et al." in the case caption. Do not enter any date in the date section. Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (KD) |
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| Friday, May 10, 2024 | ||
| 1 | 1
115
pgs
cmp
Complaint
Fri 05/10 5:06 PM
COMPLAINT and Summons against All Defendants filing fee $ 405, receipt number ANYEDC-17865376 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by United Services Automobile Association. (Gerbino, Vincent) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Summons and Rider,
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Att: 3
Disclosure Statement
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notice
Notice(Other)
Fri 05/10 5:11 PM
NOTICE In Re: Rule 7.1 Statement Should be filed as a separated docket entry not as an attachment to the Complaint 1 . Please correctly file the Rule 7.1 Statement. This event can be found under the event Discovery Documents-DISCLOSURE OF INTERESTED PARTIES. (KD) |
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notice
Notice: Re: Incomplete Civil Cover Sheet
Fri 05/10 5:14 PM
NOTICE! Re:: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed 2 Page Form Civil Cover Sheet. Please submit A COMPLETED SECOND PAGE(Not the Instruction Page) Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (KD) |
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