Obsession Sports Bar & Grill, Inc. et al v. The City of Rochester
| New York Western District Court | |
| Judge: | Charles J Siragusa |
| Referred: | Jonathan W Feldman |
| Case #: | 6:15-cv-06152 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Mar 17, 2015 |
| Terminated: | Feb 21, 2017 |
| Last checked: Sunday Sep 13, 2015 9:45 AM EDT |
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Defendant
City of Rochester
30 Church Street Room 400-A
Rochester, NY 14614 |
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Defendant
The City Of Rochester
a municipal corporation 30 CHURCH STREET
ROCHESTER, NY 14614 |
Represented By
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Mediator
Patrick B. Naylon
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Plaintiff
Obsession Sports Bar & Grill, Inc.
94 McNaughton Street
Rochester, NY 14606 |
Represented By
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Plaintiff
Joan C. Ortiz
94 McNaughton Street
Rochester, NY 14606 |
Represented By
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| Docket last updated: 04/24/2024 11:59 PM EDT |
| Wednesday, January 10, 2018 | ||
| 29 | 29
appeal
USCA Mandate
Wed 01/10 3:38 PM
MANDATE of USCA as to27 Notice of Appeal, filed by Obsession Sports Bar & Grill, Inc., Joan C. Ortiz. UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court is AFFIRMED. (BK) |
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| Monday, April 10, 2017 | ||
| 28 | 28
appeal
Clerks Certificate
Mon 04/10 4:16 PM
CLERKS CERTIFICATE/INDEX filed and electronically sent to Court of Appeals(TF) |
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Att: 1
Index
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| Monday, March 20, 2017 | ||
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utility
Remark
Mon 03/20 8:25 AM
Pursuant to Local Rule 12.1 of the US Court of Appeals for the Second Circuit, Forms C and D must be completed within 14 days after the filing of a notice of appeal. Forms C and D can be obtained at www.ca2.uscourts.gov. (TF) |
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utility
E-Filing Notification
Mon 03/20 8:27 AM
E-Filing Notification:27 NOTICE OF APPEAL as to25 Judgment &24 Order. Modified on 3/20/2017 to clean up entry (TF). (TF) |
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| Friday, March 17, 2017 | ||
| 27 | 27
appeal
Notice of Appeal
Fri 03/17 4:03 PM
NOTICE OF APPEAL as to25 Judgment, Set/Clear Flags,24 Order on Motion for Summary Judgment, Order on Motion to Dismiss for Failure to State a Claim,,,, by Obsession Sports Bar & Grill, Inc., Joan C. Ortiz. Filing fee $ 505, receipt number 0209-2742734. Appeal Record due by 3/31/2017.(Burger, Michael) |
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Att: 1
Certificate of Service
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| Thursday, March 09, 2017 | ||
| 26 | 26
misc
Transcript
Thu 03/09 11:01 AM
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 7/28/16, before Judge Charles J. Siragusa. Court Reporter/Transcriber Christi Macri, Email address: christimacri50@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 3/30/2017. Redacted Transcript Deadline set for 4/10/2017. Release of Transcript Restriction set for 6/7/2017. (TF) |
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| Tuesday, February 21, 2017 | ||
| 25 | 25
order
Judgment ~Util - Set/Clear Flags
Tue 02/21 2:49 PM
JUDGMENT in favor of The City Of Rochester against Obsession Sports Bar & Grill, Inc., Joan C. Ortiz. Signed by Clerk of Court on 2/21/17. (TF) |
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| Friday, February 17, 2017 | ||
| 24 | 24
order
Order on Motion for Summary Judgment Order on Motion to Dismiss for Failure to State a Claim
Fri 02/17 11:47 AM
DECISION AND ORDER denying14 Motion for Summary Judgment; granting19 Motion to Dismiss for Failure to State a Claim. Plaintiffs motion for partial summary judgment [#14] is denied and Defendants cross-motion [#19] to dismiss the Amended Complaint for failure to state a claim is granted. Alternatively, Defendant is granted summary judgment pursuant to FRCP 56(f)(1). The action is dismissed with prejudice. The Clerk of the Court is directed to close this action.Signed by Hon. Charles J. Siragusa on 2/17/17. (KAP) |
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| Thursday, July 28, 2016 | ||
| 23 | 23
minutes
Motion Hearing ~Util - Motions Submitted
Fri 07/29 4:37 PM
Minute Entry for proceedings held before Hon. Charles J. Siragusa: Michael Burger, Esq. appearing on behalf of plaintiffs. John Campolieto, Esq. appearing on behalf of defendant. Motion Hearing held on 7/28/2016 re14 MOTION for Summary Judgment (Partial Summary Judgment on Liability) filed by Obsession Sports Bar & Grill, Inc., Joan C. Ortiz,19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by The City Of Rochester. Motions Submitted:14 MOTION for Summary Judgment (Partial Summary Judgment on Liability),19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Court reserves and will issue a written decision. (Court Reporter FTR GOLD.) (KJA) |
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| Tuesday, July 19, 2016 | ||
| 22 | 22
respm
Reply to Response to Motion
Tue 07/19 6:20 PM
REPLY to Response to Motion re14 MOTION for Summary Judgment (Partial Summary Judgment on Liability) ,19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by The City Of Rochester.(Campolieto, John) |
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Att: 1
7 pgs
Memorandum in Support,
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Att: 2
Certificate of Service
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| Wednesday, June 22, 2016 | ||
| 21 | 21
respm
Reply/Response
Wed 06/22 10:16 AM
REPLY/RESPONSE to re18 Response in Opposition to Motion,14 MOTION for Summary Judgment (Partial Summary Judgment on Liability) ,19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiffs' Reply Memorandum of Law in Support of Motion for Partial Summary Judgment and in Opposition to Defendant's Motion to Dismiss filed by Obsession Sports Bar & Grill, Inc., Joan C. Ortiz. (Burger, Michael) |
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| Wednesday, June 08, 2016 | ||
| 20 | 20
order
Order ~Util - Set/Reset Motion and R&R Deadlines/Hearings
Wed 06/08 10:42 AM
LETTER ORDER re14 MOTION for Summary Judgment (Partial Summary Judgment on Liability) filed by Obsession Sports Bar & Grill, Inc., Joan C. Ortiz,19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by The City Of Rochester. Plaintiff's reply to their partial summary judgment motion shall be due by 7/11/16. Plaintiff's response to defendant's motion to dismiss due by 7/11/2016. Defendant's reply on its motion to dismiss is due by 7/19/2016. Motion Hearing for both motions14 and19 set for 7/28/2016 03:00 PM before Hon. Charles J. Siragusa.). Signed by Hon. Charles J. Siragusa on 6/8/16. (KAP) |
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utility
Set Motion and R&R Deadlines/Hearings
Wed 06/08 10:43 AM
Set/Reset Deadlines as to14 MOTION for Summary Judgment (Partial Summary Judgment on Liability) . Replies due by 7/11/2016. (KAP) |
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| Wednesday, June 01, 2016 | ||
| 19 | 19
motion
Dismiss for Failure to State a Claim
Wed 06/01 12:57 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by The City Of Rochester.(Campolieto, John) |
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Att: 1
Affidavit,
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Att: 2
17 pgs
Memorandum in Support,
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Att: 3
Exhibit A,
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Att: 4
Exhibit B,
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Att: 5
Exhibit C,
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Att: 6
Exhibit D,
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Att: 7
Exhibit E,
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Att: 8
Certificate of Service
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| Saturday, May 21, 2016 | ||
| 18 | 18
respm
Response in Opposition to Motion
Sat 05/21 12:38 AM
RESPONSE in Opposition re14 MOTION for Summary Judgment (Partial Summary Judgment on Liability) filed by The City Of Rochester.(Campolieto, John) |
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Att: 1
17 pgs
Memorandum in Support,
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Att: 2
Statement of Undisputed Facts,
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Att: 3
Exhibit A,
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Att: 4
Exhibit B,
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Att: 5
Exhibit C,
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Att: 6
Exhibit D,
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Att: 7
Exhibit E,
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Att: 8
Certificate of Service
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| Tuesday, May 17, 2016 | ||
| 17 | 17
order
Order ~Util - Set/Reset Motion and R&R Deadlines/Hearings
Tue 05/17 2:51 PM
LETTER ORDER re14 MOTION for Summary Judgment (Partial Summary Judgment on Liability) filed by Obsession Sports Bar & Grill, Inc., Joan C. Ortiz granting defendant's request for extension of time. ( Responses due by 5/20/2016. Replies due by 6/3/2016.). Signed by Hon. Charles J. Siragusa on 5/17/16. (KAP) |
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| Friday, April 15, 2016 | ||
| 16 | 16
order
Order ~Util - Set/Reset Motion and R&R Deadlines/Hearings
Fri 04/15 2:00 PM
LETTER ORDER re14 MOTION for Summary Judgment (Partial Summary Judgment on Liability) filed by Obsession Sports Bar & Grill, Inc., Joan C. Ortiz, ( Responses due by 5/16/2016. Replies due by 5/31/2016.) Please note date for reply is different that what is requested as the date requested, 5/30/16,is Memorial Day and the Court is closed that day.. Signed by Hon. Charles J. Siragusa on 4/15/16. (KAP) |
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| Thursday, March 17, 2016 | ||
| 15 | 15
order
Order ~Util - Set/Reset Motion and R&R Deadlines/Hearings
Thu 03/17 1:33 PM
MOTION SCHEDULING ORDER re14 MOTION for Summary Judgment (Partial Summary Judgment on Liability) filed by Obsession Sports Bar & Grill, Inc., Joan C. Ortiz.( Responses due by 4/14/2016. Replies due by 4/28/2016. Motion Hearing set for 7/28/2016 03:00 PM before Hon. Charles J. Siragusa.). Signed by Hon. Charles J. Siragusa on 3/17/16. (KAP) |
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| Monday, February 29, 2016 | ||
| 14 | 14
motion
Summary Judgment
Mon 02/29 4:03 PM
MOTION for Summary Judgment (Partial Summary Judgment on Liability) by Obsession Sports Bar & Grill, Inc., Joan C. Ortiz.(Burger, Michael) |
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Att: 1
Statement of Undisputed Facts Plaintiffs' Local Rule 56 Statement of Material Facts,
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Att: 2
19 pgs
Memorandum in Support Memorandum of Law in Support of Plaintiffs' Motion for Partial Summary Judgment on Liability,
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Att: 3
Appendix Appendix of Exhibits - Part 1,
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Att: 4
Appendix Appendix of Exhibits - Part 2,
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Att: 5
Appendix Appendix of Exhibits - Part 3,
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Att: 6
Appendix Appendix of Exhibits - Part 4,
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Att: 7
Appendix Appendix of Exhibits - Part 5,
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Att: 8
Appendix Appendix of Exhibits - Part 6
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| Wednesday, January 20, 2016 | ||
| 13 | 13
notice
Notice of Appearance
Wed 01/20 4:22 PM
NOTICE of Appearance by Katharine M. Felluca on behalf of All Plaintiffs(Felluca, Katharine) |
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Att: 1
Certificate of Service
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| Wednesday, July 15, 2015 | ||
| 12 | 12
adr
Stipulation-Selection of Mediator
Wed 07/15 12:15 PM
Stipulation-Selection of Mediator by Obsession Sports Bar & Grill, Inc., Joan C. Ortiz(Burger, Michael) |
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| Monday, June 22, 2015 | ||
| 11 | 11
order
Scheduling Order
Mon 06/22 2:05 PM
SCHEDULING/CASE MANAGEMENT ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Stipulation of Selection of Mediator due by 7/20/2015. First Mediation Session due by 9/14/2015. Mediation To End by 11/16/2015. Dispositive Motions due by 4/18/2016. Signed by Hon. Jonathan W. Feldman on 6/22/15. (NNR) |
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| Thursday, June 18, 2015 | ||
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minutes
Scheduling Conference
Thu 06/18 3:39 PM
Minute Entry for proceedings held before Hon. Jonathan W. Feldman: Scheduling Conference held on 6/18/2015. The Court will issue a scheduling order. (NNR) |
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| Tuesday, June 16, 2015 | ||
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utility
E-Filing Notification Wrong Event Used
Tue 06/16 11:54 AM
E-Filing Notification: Incorrect event used to electronically file document. For future reference, use Proposed Discovery Plan event. No action required. Clerk to modify description. re10 REPORT of Rule 26(f) Planning Meeting. (TF) |
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| Monday, June 15, 2015 | ||
| 10 | 10
misc
Report of Rule 26(f) Planning Meeting
Mon 06/15 4:43 PM
REPORT of Rule 26(f) Planning Meeting. (Burger, Michael) |
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| Friday, May 08, 2015 | ||
| 9 | 9
order
Order ~Util - Set Deadlines/Hearings
Fri 05/08 4:05 PM
ORDER Scheduling Conference set for 6/18/2015 03:00 PM before Hon. Jonathan W. Feldman. Signed by Hon. Jonathan W. Feldman on 5/8/15. (NNR) |
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| Wednesday, May 06, 2015 | ||
| 8 | 8
order
Order Referring Case to Magistrate Judge
Wed 05/06 9:24 AM
TEXT ORDER REFERRING CASE to Magistrate Judge Hon. Jonathan W. Feldman. The Magistrate Judge is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. Section 636(b)(1)(A) and (B), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. All non-dispositive motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. Section 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Signed by Hon. Charles J. Siragusa on 5/6/15. (KJA) |
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| Wednesday, April 08, 2015 | ||
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adr
ADR Plan
Wed 04/08 9:09 AM
ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at: |
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| Tuesday, April 07, 2015 | ||
| 7 | 7
answer
Answer to Amended Complaint
Tue 04/07 3:40 PM
ANSWER to4 Amended Complaint by The City Of Rochester.(Campolieto, John) |
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Att: 1
Certificate of Service
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| Friday, March 27, 2015 | ||
| 6 | 6
misc
Corporate Disclosure Statement
Fri 03/27 12:28 PM
Corporate Disclosure Statement by Obsession Sports Bar & Grill, Inc.. (Burger, Michael) |
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| 5 | 5
service
Summons Returned Executed
Fri 03/27 12:27 PM
SUMMONS Returned Executed by Obsession Sports Bar & Grill, Inc., Joan C. Ortiz. The City Of Rochester served on 3/26/2015, answer due 4/16/2015. (Burger, Michael) |
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| 4 | 4
cmp
Amended Complaint
Fri 03/27 12:26 PM
AMENDED COMPLAINT against The City Of Rochester, filed by Obsession Sports Bar & Grill, Inc., Joan C. Ortiz.(Burger, Michael) |
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| Wednesday, March 25, 2015 | ||
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utility
Remark
Wed 03/25 11:50 AM
Remark ATTENTION CORPORATION PLAINTIFFS/DEFENDANTS: All Corporate Disclosure Statements pursuant to Fed.R.Civ.7.1(b) are to be filed within seven(7) days of this notice. (MD) |
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| Wednesday, March 18, 2015 | ||
| 3 | 3
service
Summons Issued
Wed 03/18 10:44 AM
Summons Issued as to The City Of Rochester. (TF) |
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utility
Case Assigned/Reassigned
Wed 03/18 10:43 AM
Case assigned to Hon. Charles J. Siragusa. (TF) |
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notice
Notice of Availability of Magistrate Judge
Wed 03/18 10:43 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 is available for download at http://www.uscourts.gov/forms/AO085.pdf (TF) |
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adr
Automatic Referral to Mediation
Wed 03/18 10:46 AM
AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution(TF) |
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utility
Remark
Wed 03/18 10:46 AM
Remark: Notification to Chambers of on-line civil opening. (TF) |
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| Tuesday, March 17, 2015 | ||
| 2 | 2
service
Original Summons Filed
Tue 03/17 3:37 PM
Original Summons Filed. (Burger, Michael) |
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| 1 | 1
cmp
Complaint
Tue 03/17 3:36 PM
COMPLAINT against City of Rochester ( Filing fee $ 400 receipt number 0209-2224901.), filed by Obsession Sports Bar & Grill, Inc., Joan C. Ortiz.(Burger, Michael) |
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Att: 1
Civil Cover Sheet
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