Ruszin v. Fieldtex Products Inc.
| New York Western District Court | |
| Judge: | Elizabeth A Wolford |
| Case #: | 6:25-cv-06768 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-(Citizenship) |
| Case Filed: | Dec 15, 2025 |
| Last checked: Saturday Jun 13, 2026 3:57 AM EDT |
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Defendant
Fieldtex Products Inc.
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Represented By
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Plaintiff
Robert Ruszin
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Represented By
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Plaintiff
Alegria Clark, IL
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Represented By
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Plaintiff
Jessica Clark
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Represented By
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Plaintiff
Frank Hensley
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Represented By
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Plaintiff
Justin Stair
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Represented By
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Plaintiff
Pamela Wollenberg
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Represented By
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| Docket last updated: 4 hours ago |
| Tuesday, October 06, 2026 | ||
| 31 | 31
order
Text Order ~Util - Set Hearings
Tue 10/06 10:59 AM
TEXT ORDER re28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION to Dismiss for Lack of Jurisdiction by Fieldtex Products Inc. Oral Argument set for 10/26/2026 at 3:00 PM in US Courthouse, 100 State Street, Rochester NY 14614 before Hon. Elizabeth A. Wolford. Due to the Court's congested calendar, the parties are strongly discouraged from seeking an adjournment of this date, but in the event such an adjournment is requested, any such request must be submitted within 14 days of the date of this text order, and set forth mutually-convenient dates and times of availability within 30 days of the scheduled oral argument. The parties are highly encouraged to consider the provisions of 28 U.S.C. § 636(c) governing consent to either partial or complete disposition of the case by magistrate judge. In particular, the parties may consent to have the pending motion(s) resolved by magistrate judge. Particularly with the volume of cases currently assigned to the undersigned, efficiency considerations strongly favor consent to magistrate judge jurisdiction for resolution. Consent forms may be found on the Court's website at https://www.nywd.uscourts.gov/forms-3 . No adverse substantive consequences will result should the parties choose not to consent. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 10/6/2026. (DPS) |
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| Thursday, May 07, 2026 | ||
| 30 | 30
respm
Response in Opposition to Motion
Thu 05/07 2:27 PM
RESPONSE in Opposition re28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by Alegria Clark, Jessica Clark, Frank Hensley, Robert Ruszin, Justin Stair, Pamela Wollenberg. (Mason, Gary) |
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| Wednesday, April 15, 2026 | ||
| 29 | 29
order
Text Order
Wed 04/15 3:35 PM
TEXT ORDER re:28 Motion to Dismiss. Responses are due on or before May 7, 2026 . Upon review of the papers, the Court will determine if oral argument is necessary and, if so, will inform the parties of the date and time. Otherwise, the matter will be deemed submitted and decided on the papers. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 4/15/2026. (EKH) |
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| Tuesday, April 14, 2026 | ||
| 28 | 28
motion
Dismiss for Failure to State a Claim Dismiss/Lack of Jurisdiction
Tue 04/14 3:57 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction by Fieldtex Products Inc..(Davidson, James) |
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Att: 1
Memorandum in Support,
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Att: 2
Text of Proposed Order
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| Tuesday, March 31, 2026 | ||
| 27 | 27
cmp
Amended Complaint
Tue 03/31 4:47 PM
AMENDED COMPLAINT (CONSOLIDATED) against Fieldtex Products Inc., filed by Robert Ruszin, Pamela Wollenberg, Alegria Clark, Frank Hensley, Justin Stair, Jessica Clark.(Mason, Gary) |
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| Friday, March 27, 2026 | ||
| 26 | 26
order
Text Order ~Util - Terminate Motions
Fri 03/27 2:15 PM
TEXT ORDER granting22 Motion to Appear Pro Hac Vice by Ben Barnow; granting23 Motion to Appear Pro Hac Vice by Anthony L. Parkhill. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 3/27/2026. (EKH) |
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| Thursday, March 26, 2026 | ||
| 25 | 25
misc
Continuation of Exhibits
Thu 03/26 2:35 PM
CONTINUATION OF EXHIBITS to23 MOTION to appear pro hac vice ( Filing fee $ 200 receipt number BNYWDC-5762571.) . (Pollock, Adam) |
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| 24 | 24
misc
Continuation of Exhibits
Thu 03/26 2:34 PM
CONTINUATION OF EXHIBITS to22 MOTION to appear pro hac vice ( Filing fee $ 200 receipt number CNYWDC-5762568.) . (Pollock, Adam) |
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| Tuesday, March 24, 2026 | ||
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utility
E-Filing Notification
Tue 03/24 9:38 AM
E-Filing Notification:23 MOTION to appear pro hac vice22 MOTION to appear pro hac vice. ACTION REQUIRED: Filer must submit new Admission Petition Forms for both attorneys. Forms are cut off and/or blank. Filer should submit forms using Continuation of Exhibits event. (ARS) |
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| Monday, March 23, 2026 | ||
| 23 | 23
motion
Appear Pro Hac Vice
Mon 03/23 6:23 PM
MOTION to appear pro hac vice ( Filing fee $ 200 receipt number BNYWDC-5762571.) by Robert Ruszin.(Pollock, Adam) |
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Att: 1
Admission Petition Form,
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Att: 2
Admission Sponsor Affidavit,
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Att: 3
Attorney's Oath,
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Att: 4
Civility Principles,
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Att: 5
ECF Registration
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| 22 | 22
motion
Appear Pro Hac Vice
Mon 03/23 6:16 PM
MOTION to appear pro hac vice ( Filing fee $ 200 receipt number CNYWDC-5762568.) by Robert Ruszin.(Pollock, Adam) |
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Att: 1
Admission Petition Form,
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Att: 2
Admission Sponsor Affidavit,
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Att: 3
Attorneys Oath,
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Att: 4
Civility Principles and Guidelines Oath,
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Att: 5
ECF Registration
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| Friday, March 20, 2026 | ||
| 21 | 21
order
Order on Motion for Pro Hac Vice
Fri 03/20 4:30 PM
TEXT ORDER granting20 Motion to Appear Pro Hac Vice by Daniel Srourian. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 3/20/2026. (EKH) |
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| Thursday, March 19, 2026 | ||
| 20 | 20
motion
Appear Pro Hac Vice
Thu 03/19 12:17 PM
MOTION to appear pro hac vice of Daniel Srourian ( Filing fee $ 200 receipt number ANYWDC-5758004.) by Robert Ruszin.(Mason, Gary) |
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Att: 1
Admission Petition Form,
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Att: 2
Sponsor Affidavit of Gary E. Mason,
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Att: 3
Attorney's Oath,
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Att: 4
Civility Principles and Guidelines Oath,
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Att: 5
Attorney Database and Electronic Case Filing Registration Form
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| Tuesday, March 17, 2026 | ||
| 19 | 19
notice
Notice (Other)
Tue 03/17 4:22 PM
NOTICE by Robert Ruszin OF FIRM NAME CHANGE (Mason, Gary) |
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| 18 | 18
order
Order on Motion to Consolidate Cases
Tue 03/17 4:07 PM
TEXT ORDER granting Motion to Consolidate and Appoint Interim Co-Lead Counsel. Unopposed motions for consolidation have been filed in Ruszin v. Fieldtex Products, Inc. , 25-cv-6768; Clark v. Fieldtex Products, Inc. , 25-cv-6778; Hensley v. Fieldtex Products, Inc. , 25-cv-6799; Clark v. Fieldtex Products, Inc. , 25-cv-6811; Wollenberg v. Fieldtex Products, Inc. , 25-cv-6817; and Stair v. Fieldtex Products, Inc. , 26-cv-6024. In addition, a stipulation has been filed in Parker v. Fieldtex Products, Inc. , 25-cv-6827, staying the time for Defendant's answer pending the resolution of the motions to consolidate and the filing of a consolidated complaint. Because no motion for consolidation has been filed in case 25-cv-6827, the undersigned directed counsel to inform the Court by March 16, 2026, whether they object to consolidation, and to date, no opposition has been received. The Court therefore presumes that the parties in case 25-cv-6827 consent to consolidation. Accordingly, case numbers 25-cv-6778, 25-cv-6799, 25-cv-6811, 25-cv-6817, 26-cv-6024, and 25-cv-6827 are hereby consolidated with case number 25-cv-6768. Going forward, all papers shall be filed in case number 25-cv-6768. Gary E. Mason of Mason LLP, Daniel Srourian of Srourian Law Firm, P.C., Ben Barnow of Barnow and Associates, P.C., and Israel David of Israel David LLC are hereby appointed as Interim Co-Lead Counsel. The Clerk of Court is directed to terminate case numbers 25-cv-6778, 25-cv-6799, 25-cv-6811, 25-cv-6817, 25-cv-6827, and 26-cv-6024. Plaintiffs are ordered to file a consolidated complaint within 14 days of this order . Defendant shall answer or otherwise respond to the consolidated complaint in accordance with Federal Rule of Civil Procedure 15. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 3/17/2026. (EKH) Clerk to Follow up Modified on 3/17/2026 (EKH) |
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| Thursday, March 12, 2026 | ||
| 17 | 17
order
Text Order ~Util - Terminate Motions
Thu 03/12 9:55 AM
TEXT ORDER granting13 Motion to Appear Pro Hac Vice by James W. Davidson; granting14 Motion to Appear Pro Hac Vice by Frances Lea McBryde. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 3/12/2026. (EKH) |
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| Wednesday, March 11, 2026 | ||
| 16 | 16
misc
Continuation of Exhibits
Wed 03/11 4:50 PM
CONTINUATION OF EXHIBITS to13 MOTION to appear pro hac vice of James W. Davidson ( Filing fee $ 200 receipt number ANYWDC-5738844.),14 MOTION to appear pro hac vice of Frances Lea McBryde ( Filing fee $ 200 receipt number ANYWDC-5738855.) .(Young, John) |
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Att: 1
Affidavit
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utility
E-Filing Notification
Wed 03/11 12:47 PM
E-Filing Notification:15 CONTINUATION OF EXHIBITS to13 MOTION to appear pro hac vice of James W. Davidson ,14 MOTION to appear pro hac vice of Frances Lea McBryde ACTION REQUIRED: Filer must submit Admission Sponsor Affidavit in proper format. Filer should submit an Admission Sponsor Affidavit for each attorney. Admission Sponsor Affidavit form can be found on WDNY website. (ARS) |
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| Tuesday, March 10, 2026 | ||
| 15 | 15
misc
Continuation of Exhibits
Tue 03/10 10:38 AM
CONTINUATION OF EXHIBITS to13 MOTION to appear pro hac vice of James W. Davidson ( Filing fee $ 200 receipt number ANYWDC-5738844.),14 MOTION to appear pro hac vice of Frances Lea McBryde ( Filing fee $ 200 receipt number ANYWDC-5738855.) . (Young, John) |
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| Thursday, March 05, 2026 | ||
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utility
E-Filing Notification
Thu 03/05 9:10 AM
E-Filing Notification:13 MOTION to appear pro hac vice of James W. Davidson,14 MOTION to appear pro hac vice of Frances Lea McBryde. Filer must submit fully completed and signed Admission Sponsor Affidavit for both Motions to appear pro hac vice. Filer should submit these using a Continuation of Exhibits event. (ARS) |
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| Wednesday, March 04, 2026 | ||
| 14 | 14
motion
Appear Pro Hac Vice
Wed 03/04 2:01 PM
MOTION to appear pro hac vice of Frances Lea McBryde ( Filing fee $ 200 receipt number ANYWDC-5738855.) by Fieldtex Products Inc..(Young, John) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B
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| 13 | 13
motion
Appear Pro Hac Vice
Wed 03/04 1:57 PM
MOTION to appear pro hac vice of James W. Davidson ( Filing fee $ 200 receipt number ANYWDC-5738844.) by Fieldtex Products Inc..(Young, John) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B
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| Thursday, February 26, 2026 | ||
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utility
E-Filing Notification
Thu 02/26 9:52 AM
E-Filing Notification:12 Corporate Disclosure Statement by Fieldtex Products Inc. In future please flatten documents prior to docketing. No Action Required. Clerk replaced document with flattened version. (DMK) |
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| Wednesday, February 25, 2026 | ||
| 12 | 12
misc
Corporate Disclosure Statement
Wed 02/25 4:03 PM
Corporate Disclosure Statement by Fieldtex Products Inc.. (Young, John) |
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| Monday, January 26, 2026 | ||
| 11 | 11
respm
Response to Motion
Mon 01/26 12:36 PM
RESPONSE to Motion re3 MOTION to Consolidate Cases and Appoint Interim Co-Lead Counsel ,6 MOTION to Consolidate Cases and Appoint Interim Co-Lead Counsel filed by Fieldtex Products Inc.. (Young, John) |
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| Wednesday, January 14, 2026 | ||
| 10 | 10
order
Text Order
Wed 01/14 1:36 PM
TEXT ORDER re:6 Motion to Consolidate and Appoint Interim Co-Lead Counsel. To the extent that Defendant opposes the motion, responses are due on or before February 4, 2026. Any reply is due by February 11, 2026. Upon review of the papers, the Court will determine if oral argument is necessary and, if so, will inform the parties of the date and time. Otherwise, the matter will be deemed submitted and decided on the papers. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 1/14/2026. (EKH) |
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| 9 | 9
misc
Stipulation
Wed 01/14 9:34 AM
STIPULATION re6 MOTION to Consolidate Cases and Appoint Interim Co-Lead Counsel ,1 Complaint, 7 Order on Motion to Consolidate Cases,, by Fieldtex Products Inc..(Young, John) |
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Att: 1
Text of Proposed Order
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utility
E-Filing Notification
Wed 01/14 10:08 AM
E-Filing Notification:8 NOTICE of Appearance by John E. Young, IV. In future please flatten documents prior to docketing. No Action Required. Clerk replaced document with flattened version. (DMK) |
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| Monday, January 12, 2026 | ||
| 8 | 8
notice
Notice of Appearance
Mon 01/12 12:01 PM
NOTICE of Appearance by John E. Young, IV on behalf of Fieldtex Products Inc. (Young, John) |
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| Tuesday, January 06, 2026 | ||
| 7 | 7
order
Order on Motion to Consolidate Cases
Tue 01/06 1:58 PM
TEXT ORDER re:3 Motion to Consolidate Cases and Appoint Interim Co-Lead Counsel. In light of Plaintiffs filing a notice of withdrawal of their motion (Dkt. 5) and a subsequent motion to consolidate cases and appoint interim co-lead counsel (Dkt. 6), Plaintiffs' original motion (Dkt. 3) is denied as moot. All Plaintiffs joining in the motion are directed to file the motion on the docket in each of their respective cases. A briefing schedule on the motion to consolidate and appoint counsel (Dkt. 6) will be entered once counsel for Defendant has appeared. SO ORDERED. Signed by Elizabeth A. Wolford on 1/6/2026. (EKH) |
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| 6 | 6
motion
Consolidate Cases
Tue 01/06 10:58 AM
MOTION to Consolidate Cases and Appoint Interim Co-Lead Counsel by Robert Ruszin.(Mason, Gary) |
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Att: 1
Memorandum in Support,
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Att: 2
Text of Proposed Order
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| 5 | 5
notice
Notice (Other)
Tue 01/06 10:55 AM
NOTICE by Robert Ruszin re3 MOTION to Consolidate Cases and Appoint Interim Co-Lead Counsel [Notice of Withdrawal of Motion to Consolidate and Appoint Interim Co-Lead Counsel] (Mason, Gary) |
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| Tuesday, December 23, 2025 | ||
| 4 | 4
service
Summons Returned Executed
Tue 12/23 2:37 PM
SUMMONS Returned Executed by Robert Ruszin. Fieldtex Products Inc. served on 12/17/2025, answer due 1/7/2026. (Mason, Gary) |
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| 3 | 3
motion
Consolidate Cases
Tue 12/23 2:26 PM
MOTION to Consolidate Cases and Appoint Interim Co-Lead Counsel by Robert Ruszin.(Mason, Gary) |
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Att: 1
Memorandum in Support,
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Att: 2
Text of Proposed Order
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| Monday, December 22, 2025 | ||
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utility
Remark
Mon 12/22 3:23 PM
ATTENTION ALL PARTIES OR INTERVENORS: Pursuant to Fed. R. Civ. P. 7.1 and/or General Order No. 157 In the Matter of Disclosure of Members, Shareholders, Partners, and Leaders of Business Organization Parties, all Disclosure Statements are to be filed with first appearance, pleading, petition, motion, response, or other request addressed to the court. (KM) |
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| Wednesday, December 17, 2025 | ||
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utility
Remark
Wed 12/17 3:29 PM
Clerk regenerated NEFs to send to Gary E. Mason. (DMK) |
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| Tuesday, December 16, 2025 | ||
| 2 | 2
service
Summons Issued
Tue 12/16 12:25 PM
Summons Issued as to Fieldtex Products Inc. and mailed to Gary E. Mason. (DMK) |
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utility
Case Assigned/Reassigned
Tue 12/16 11:52 AM
Case Assigned to Hon. Elizabeth A. Wolford. Notification to chambers of online civil opening. (DMK) |
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notice
Notice of Availability of Magistrate Judge
Tue 12/16 11:54 AM
Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at[LINK:http://www.uscourts.gov/services-forms/forms] . (DMK) |
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adr
Automatic Referral to Mediation
Tue 12/16 11:54 AM
AUTOMATIC REFERRAL TO MEDIATION Pursuant to Section 2.1(A) of the Plan for Alternative Dispute Resolution in the United States District Court for the Western District of New York (the ADR Plan), this case is automatically referred to ADR. To access the ADR Plan and for inquiries regarding the Court's ADR Program please review the Court's[LINK:ADR webpage] and/or contact the Court's ADR Administrator at[LINK:adrprogram@nywd.uscourts.gov] . Prior to the Local Rule 16 scheduling conference, counsel and unrepresented parties shall review the [LINK:ADR Plan] and confer with each other regarding ADR for this case. Unless the parties agree to a different intervention, it is presumed they will participate in mediation. The parties shall be prepared to report on the outcome of their ADR discussion at the scheduling conference, as the initial Scheduling Order for this case will establish ADR deadlines in accordance with the ADR Plan.(DMK) |
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utility
E-Filing Notification Wrong Event Used
Tue 12/16 12:21 PM
E-Filing Notification: Incorrect event used to electronically file document. For future reference, use Original Summons Filed event. No action required.1 COMPLAINT (4) Summons). (DMK) |
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| Monday, December 15, 2025 | ||
| 1 | 1
41
pgs
cmp
Complaint
Mon 12/15 10:42 AM
COMPLAINT CLASS ACTION against Fieldtex Products Inc. $ 405 receipt number ANYWDC-5654990, filed by Robert Ruszin.(Mason, Gary) |
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Att: 1
Exhibit A - Notice,
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Att: 2
Exhibit B - GAO Recommendations,
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Att: 3
Civil Cover Sheet,
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Att: 4
Summons
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