Mandel v. Hafermann et al
| Todd Mandel |
| Holly Hafermann, Elliott Taylor, Paul Rothenberg, Vanessa Ostovich, Rothenberg PC and Holly Hafermann doing business as Skylar Grey |
| 3:2020cv03668 |
| June 2, 2020 |
| US District Court for the Northern District of California |
| San Francisco Office |
| Jacqueline Scott Corley |
| Assault Libel & Slander |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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This docket was last retrieved on December 23, 2020. A more recent docket listing may be available from PACER.
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| Filing 68 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14758062.) filed by Todd Mandel. (Deiss, Andrew) (Filed on 7/31/2020) |
Filing 67
ORDER by Magistrate Judge Jacqueline Scott Corley granting #65 Motion for Pro Hac Vice as to Corey Riley. (ahm, COURT STAFF) (Filed on 7/22/2020)
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Filing 66
ORDER by Magistrate Judge Jacqueline Scott Corley granting #64 Motion for Pro Hac Vice as to Collen Mooney. (ahm, COURT STAFF) (Filed on 7/22/2020)
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| Filing 65 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14722182.) filed by Todd Mandel. (Riley, Corey) (Filed on 7/22/2020) |
| Filing 64 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14722164.) filed by Todd Mandel. (Mooney, Colleen) (Filed on 7/22/2020) |
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Filing 63
ORDER by Magistrate Judge Jacqueline Scott Corley granting #62 Stipulation REGARDING CONTINUANCE OF RULE 12 MOTION TO DISMISS, SPECIAL MOTIONS TO STRIKE AND INITIAL CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 10/15/2020. Initial Case Management Conference reset for 10/22/2020 at 1:30 p.m. in San Francisco, Courtroom E, 15th Floor. (ahm, COURT STAFF) (Filed on 7/17/2020)
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| Set/Reset Deadlines as to #53 MOTION to Strike Plaintiff's First Amended Complaint Pursuant to C.C.P Section 425.16, #55 MOTION to Dismiss , #54 MOTION to Strike . Responses due by 8/3/2020. Replies due by 8/13/2020. Motion Hearing reset for 8/27/2020 at 9:00 a.m. by video conference before Magistrate Judge Jacqueline Scott Corley. (ahm, COURT STAFF) (Filed on 7/17/2020) |
| Filing 62 STIPULATION WITH PROPOSED ORDER RE: JOINT STIPULATION REGARDING CONTINUANCE OF RULE 12 MOTION TO DISMISS, SPECIAL MOTIONS TO STRIKE AND INITIAL CASE MANAGEMENT CONFERENCE filed by Paul Rothenberg, Rothenberg PC. (Attachments: #1 Proposed Order)(Frid, Sasha) (Filed on 7/16/2020) |
| Filing 61 NOTICE of Appearance by David A. DeGroot and Association of Counsel on Behalf of Plaintiff Todd Mandel (DeGroot, David) (Filed on 7/14/2020) |
| Filing 60 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Defendant, Elliott Taylor (Weill, Andrew) (Filed on 7/13/2020) |
| Filing 59 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Defendant, Vanessa Ostovich (Weill, Andrew) (Filed on 7/13/2020) |
| Filing 58 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Defendant, Holly Hafermann (Weill, Andrew) (Filed on 7/13/2020) |
| Filing 57 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options Rothenberg Defendants (Frid, Sasha) (Filed on 7/10/2020) |
| Filing 56 ADR Clerks Notice re: Non-Compliance with Court Order. The parties have failed to file an ADR Certification as required by the Initial Case Management Scheduling Order. Counsel shall comply promptly with the requirements of ADR L.R. 3-5(b) and shall file the ADR Certification. (This is a text-only entry generated by the court. There is no document associated with this entry.)(cmf, COURT STAFF) (Filed on 7/10/2020) |
| Filing 55 MOTION to Dismiss filed by Holly Hafermann. Motion Hearing set for 8/13/2020 09:00 AM in San Francisco, Courtroom E, 15th Floor before Magistrate Judge Jacqueline Scott Corley. Responses due by 7/16/2020. Replies due by 7/23/2020. (Attachments: #1 Defendants' Holly Hafermann, Vanessa Ostovich and Elliott Taylor's Memorandum in Support of Revised Partial Motion to DIsmiss or, In the Alternative, Motion for More Definite Statement, #2 Request for Judicial Notice ISO Defendants' Holly Hafermann, Vanessa Ostovich and Elliott Taylor's Motion to Dismiss or, In the Alternative, Motion for More Definite Statement, #3 Exhibit Exhibit A to RJN, #4 Exhibit Exhibit B to RJN, #5 Exhibit Exhibit C to RJN, #6 Exhibit Exhibit D to RJN, #7 Exhibit Exhibit E to RJN, #8 Exhibit Exhibit F to RJN, #9 Exhibit Exhibit G to RJN, #10 Exhibit Exhibit H to RJN, #11 Exhibit Exhibit I to RJN, #12 Exhibit Exhibit J to RJN, #13 Exhibit Exhibit K to RJN, #14 Proposed Order, #15 Certificate/Proof of Service)(Weill, Andrew) (Filed on 7/2/2020) |
| Filing 54 MOTION to Strike filed by Holly Hafermann. Motion Hearing set for 8/13/2020 09:00 AM in San Francisco, Courtroom E, 15th Floor before Magistrate Judge Jacqueline Scott Corley. Responses due by 7/16/2020. Replies due by 7/23/2020. (Attachments: #1 MPA ISO Special Motion to Strike Portions of the Complaint, #2 RJN ISO Defendants' Holly Hafermann, Vanessa Ostovich and Elliott Taylor's Special Motion to Strike Portions of the Complaint, #3 Exhibit Exhibit A to RJN, #4 Exhibit Exhibit B to RJN, #5 Exhibit Exhibit C to RJN, #6 Proposed Order, #7 Certificate/Proof of Service)(Weill, Andrew) (Filed on 7/2/2020) |
| Filing 53 MOTION to Strike Plaintiff's First Amended Complaint Pursuant to C.C.P Section 425.16 filed by Paul Rothenberg, Rothenberg PC. Motion Hearing set for 8/13/2020 09:00 AM in San Francisco, Courtroom E, 15th Floor before Magistrate Judge Jacqueline Scott Corley. Responses due by 7/16/2020. Replies due by 7/23/2020. (Attachments: #1 Request for Judicial Notice, #2 Exhibit Exhibit A to RJN, #3 Exhibit Exhibit B to RJN, #4 Exhibit Exhibit C to RJN, #5 Exhibit Exhibit D to RJN, #6 Exhibit Exhibit E to RJN, #7 Exhibit Exhibit F to RJN, #8 Exhibit Exhibit G to RJN, #9 Exhibit Exhibit H to RJN, #10 Exhibit Exhibit I to RJN, #11 Declaration Declaration of P Rothenberg, #12 Exhibit Exhibit A to Declaration of P Rothenberg, #13 Proposed Order)(Frid, Sasha) (Filed on 7/2/2020) |
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Filing 52
ORDER RE: CASE MANGEMENT CONFERENCE. Signed by Magistrate Judge Jacqueline Scott Corley on 6/29/2020. Joint Case Management Statement due by 7/23/2020. Initial Case Management Conference set for 7/30/2020 at 1:30 p.m. by video before Magistrate Judge Jacqueline Scott Corley. (ahm, COURT STAFF) (Filed on 6/29/2020)
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| Filing 51 NOTICE of Appearance by Colleen Elizabeth Mooney (Mooney, Colleen) (Filed on 6/22/2020) |
| Filing 50 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Todd Mandel.. (Mooney, Colleen) (Filed on 6/22/2020) |
| Filing 49 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Vanessa Ostovich.. (Weill, Andrew) (Filed on 6/12/2020) |
| Filing 48 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Elliott Taylor.. (Weill, Andrew) (Filed on 6/12/2020) |
| Filing 47 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Holly Hafermann.. (Weill, Andrew) (Filed on 6/12/2020) |
| Filing 46 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Paul Rothenberg, Rothenberg PC.. (Frid, Sasha) (Filed on 6/12/2020) |
| Filing 45 NOTICE of Substitution of Counsel by Sasha Frid, Mille (Frid, Sasha) (Filed on 6/10/2020) |
| Filing 44 NOTICE of Change In Counsel by Andrew John Weill (Weill, Andrew) (Filed on 6/9/2020) |
| Filing 43 CLERK'S NOTICE Re: Consent or Declination: Plaintiff and Defendants shall file a consent or declination to proceed before a magistrate judge by 6/17/2020. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (ahm, COURT STAFF) (Filed on 6/3/2020) |
| Filing 41 Case transferred in from District of Utah; Case Number 2:19-cv-00563. Original file certified copy of transfer order and docket sheet received. |
| Filing 42 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 8/27/2020. Initial Case Management Conference set for 9/3/2020 01:30 PM in San Francisco, Courtroom E, 15th Floor. (hdjS, COURT STAFF) (Filed on 6/2/2020) |
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Filing 40
MEMORANDUM DECISION AND ORDER granting #12 Motion to Change Venue. Signed by Magistrate Judge Dustin B. Pead on 6/1/2020. (lnp)
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Filing 39
ORDER REFERRING MOTION #12 MOTION to Change Venue and Memorandum in Support filed by Elliott Taylor, Vanessa Ostovich, Holly Hafermann. Motions referred to Dustin B. Pead. Signed by Judge Howard C. Nielson, Jr., on 5/20/2020. (mlp)
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| Filing 38 NOTICE OF WITHDRAWAL OF COUNSEL of Lesley A. Manley filed by Lesley A. Manley on behalf of Holly Hafermann, Vanessa Ostovich, Elliott Taylor (Manley, Lesley) |
| Filing 37 NOTICE OF REMOVAL from Third Judicial District Court, Summit County, case number 180500411, (Filing fee $ 400, receipt number 1088-3345655) filed by Rothenberg PC, Paul Rothenberg. Assigned to Judge Howard C. Nielson, Jr (Call, Keith) |
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Filing 36
DOCKET TEXT ORDER: It appears that the notice of removal does not properly allege subject matter jurisdiction because it does not allege the citizenship of Defendants Hafermann, Ostovich, Taylor, and Rothenberg, or of Plaintiff Mandel. See Whitelock v. Leatherman, 460 F.2d 507, 514 (10th Cir. 1972). Furthermore, Defendants have not alleged the principle place of business of Defendant Rothenberg, P.C. See Grynberg v. Kinder Morgan Energy Partners, L.P., 805 F.3d 901, 905 (10th Cir. 2015); Hoagland ex rel. Midwest Transit, Inc. v. Sandberg, Phoenix, & von Gontard, P.C., 385 F.3d 737, 739-41 (7th Cir. 2004). No later than Friday, March 13, 2020, Defendants shall file an amended notice of removal properly alleging subject matter jurisdiction, see 28 U.S.C. 1653, or show cause why the case should not be remanded to state court. Signed by Judge Howard C. Nielson, Jr., on March 6, 2020. (dlw).
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| Filing 35 Notice VACATING Motion Hearing set for 3/19/2020 at 2:00 pm before Judge Howard C. Nielson, Jr. (Notice generated by HCN chambers) (mlp) |
| Filing 34 NOTICE OF HEARING ON MOTION re: #11 MOTION to Dismiss and Memorandum in Support , #12 MOTION to Change Venue and Memorandum in Support , #10 MOTION to Dismiss for Lack of Jurisdiction : (Notice generated by HCN chambers) Motion Hearing set for 3/19/2020 at 02:00 PM in Rm 7.300 before Judge Howard C. Nielson, Jr. (mlp) |
| Filing 33 REQUEST to Submit for Decision re #12 MOTION to Change Venue and Memorandum in Support and Request for Oral Argument filed by Defendants Holly Hafermann, Vanessa Ostovich, Elliott Taylor. (Clark, Stephen) |
| Filing 32 REPLY to Response to Motion re #12 MOTION to Change Venue and Memorandum in Support filed by Defendants Holly Hafermann, Vanessa Ostovich, Elliott Taylor. (Attachments: #1 Exhibit A, #2 Exhibit B)(Clark, Stephen) |
| Filing 31 REQUEST to Submit for Decision re #10 MOTION to Dismiss for Lack of Jurisdiction (Oral Argument Requested) filed by Defendants Paul Rothenberg, Rothenberg PC. (Call, Keith) |
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Filing 30
ORDER granting #29 Motion for Extension of Time to File Response/Reply as to #12 MOTION to Change Venue. Replies due by 11/27/2019. Defendants have an extension to file their Reply Memorandum in support of their Motion to Dismiss until 21 days after such time as the Motion to Transfer is decided. Signed by Magistrate Judge Dustin B. Pead on 11/18/2019. (nl)
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| Filing 29 Stipulated MOTION for Extension of Time to File Response/Reply as to #11 MOTION to Dismiss and Memorandum in Support , #12 MOTION to Change Venue and Memorandum in Support and Memorandum in Support filed by Defendants Holly Hafermann, Vanessa Ostovich, Elliott Taylor. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Clark, Stephen) |
| Filing 28 REPLY to Response to Motion re #10 MOTION to Dismiss for Lack of Jurisdiction filed by Defendants Paul Rothenberg, Rothenberg PC. (Purcell, Matthew) |
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Filing 27
ORDER granting #26 Motion for Leave to File Overlength Reply Memorandum. Signed by Magistrate Judge Dustin B. Pead on 11/15/2019. (las)
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| Filing 26 MOTION for Leave to File Overlength Reply Memoandum in Support of Rothenberg Defendants' Motion to Dismiss filed by Defendants Paul Rothenberg, Rothenberg PC. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Purcell, Matthew) |
| Filing 25 Plaintiff's MEMORANDUM in Opposition re #10 MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiff Todd Mandel. (Riley, Corey) |
| Filing 24 Plaintiff's MEMORANDUM in Opposition re #11 MOTION to Dismiss and Memorandum in Support filed by Plaintiff Todd Mandel. (Attachments: #1 Exhibit A (New Agreement))(Riley, Corey) |
| Filing 23 Plaintiff's MEMORANDUM in Opposition re #12 MOTION to Change Venue and Memorandum in Support filed by Plaintiff Todd Mandel. (Riley, Corey) |
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Filing 22
ORDER granting #21 Motion for Extension of Time to File Response/Reply re #11 MOTION to Dismiss and Memorandum in Support , #12 MOTION to Change Venue and Memorandum in Support , #10 MOTION to Dismiss for Lack of Jurisdiction. Responses due by 11/1/2019. Signed by Magistrate Judge Dustin B. Pead on 10/21/2019. (las)
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| Filing 21 Stipulated MOTION for Extension of Time to File Response/Reply as to #11 MOTION to Dismiss and Memorandum in Support , #10 MOTION to Dismiss for Lack of Jurisdiction , #12 MOTION to Change Venue and Memorandum in Support and Memorandum in Support filed by Plaintiff Todd Mandel. (Attachments: #1 Text of Proposed Order granting Stipulated Second Motion to Extend Time to Respond to Motions to Dismiss and Motion to Change Venue) Motions referred to Dustin B. Pead.(Deiss, Andrew) |
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Filing 20
ORDER granting #19 Motion for Extension of Time to File Response/Reply re #11 MOTION to Dismiss, #12 MOTION to Change Venue, #10 MOTION to Dismiss for Lack of Jurisdiction. Responses due by 10/17/2019. Signed by Magistrate Judge Dustin B. Pead on 9/25/2019. (nl)
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| Filing 19 MOTION for Extension of Time to File Response/Reply as to #10 MOTION to Dismiss for Lack of Jurisdiction , #11 MOTION to Dismiss and Memorandum in Support , #12 MOTION to Change Venue and Memorandum in Support and Memorandum in Support filed by Plaintiff Todd Mandel. (Attachments: #1 Text of Proposed Order granting Stipulated Motion to Extend Time to Respond to Motions to Dismiss and Motion to Change Venue) Motions referred to Dustin B. Pead.(Deiss, Andrew) |
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Filing 18
DOCKET TEXT ORDER. Plaintiff's Motion to Vacate the Court's August 16, 2019, Order to Propose Scheduled is GRANTED #17 . As appropriate, the District Court will address submission of a proposed scheduling order in conjunction with its resolution of Defendants' pending dispositive motions #10 , #11 , #12 .Signed by Magistrate Judge Dustin B. Pead on 09/13/2019. (amn)
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| Filing 17 MOTION to Vacate #8 Order to Propose Schedule, filed by Defendants Paul Rothenberg, Rothenberg PC. (Call, Keith) |
| Filing 16 Motions No Longer Referred: #12 Defendants' MOTION to Change Venue will be addressed by the District Court. |
| Filing 15 AFFIDAVIT/DECLARATION of Vanessa Ostovich in Support re #12 MOTION to Change Venue and Memorandum in Support filed by Defendant Vanessa Ostovich. (Clark, Stephen) |
| Filing 14 AFFIDAVIT/DECLARATION of Elliott Taylor in Support re #12 MOTION to Change Venue and Memorandum in Support filed by Defendant Elliott Taylor. (Clark, Stephen) |
| Filing 13 AFFIDAVIT/DECLARATION of Holly Hafermann in Support re #12 MOTION to Change Venue and Memorandum in Support filed by Defendant Holly Hafermann. (Attachments: #1 Exhibit A, #2 Exhibit B)(Clark, Stephen) |
| Filing 12 MOTION to Change Venue and Memorandum in Support filed by Defendants Holly Hafermann, Vanessa Ostovich, Elliott Taylor. Motions referred to Dustin B. Pead.(Clark, Stephen) |
| Filing 11 MOTION to Dismiss and Memorandum in Support filed by Defendants Holly Hafermann, Vanessa Ostovich, Elliott Taylor. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Clark, Stephen) |
| Filing 10 MOTION to Dismiss for Lack of Jurisdiction filed by Defendants Paul Rothenberg, Rothenberg PC. (Attachments: #1 Exhibit "A", #2 Exhibit "B")(Purcell, Matthew) |
| Filing 9 NOTICE OF WITHDRAWAL OF COUNSEL of John C. Rooker filed by John C. Rooker on behalf of Holly Hafermann, Vanessa Ostovich, Elliott Taylor (Rooker, John) |
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Filing 8
ORDER TO PROPOSE SCHEDULE - Plaintiff must propose a schedule to defendant in the form of a draft Attorney Planning Meeting Report within fourteen (14) days from the date of this Order. See order for additional instructions. Signed by Magistrate Judge Dustin B. Pead on 8/16/2019. (las)
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Filing 7
ORDER granting #5 Motion for Extension of Time to Answer re #2 Notice of Removal. Answer deadline updated for Holly Hafermann answer due 8/30/2019; Vanessa Ostovich answer due 8/30/2019; Elliott Taylor answer due 8/30/2019. Signed by Magistrate Judge Dustin B. Pead on 8/15/2019. (las)
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| Filing 6 File Received from Third District Court - Salt Lake, Salt Lake County consisting of Docket and State Court Documents (Attachments: #1 Complaint, #2 Return of Service, #3 Return of Service, #4 Return of Service, #5 Notice of Appearance, #6 Notice of Appearance, #7 Notice of Appearance, #8 Amended Complaint, #9 Certificate of Service, #10 Substitution of Counsel, #11 Motion, #12 Request to Submit, #13 Notice of Stipulation, #14 Order, #15 Acceptance of Service, #16 Notice of Removal) (las) |
| Filing 5 Stipulated MOTION for Extension of Time of Deadline for Defendants to Answer or Otherwise Respond to the Complaint filed by Defendants Holly Hafermann, Vanessa Ostovich, Elliott Taylor. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Manley, Lesley) Modified on 8/15/2019 by correcting motion type (las). |
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Filing 4
ORDER REFERRING CASE to Magistrate Judge Dustin B. Pead under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Howard C. Nielson, Jr. on 8/15/2019. (las)
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| Filing 3 NOTICE OF ADR, e-mailed or mailed to Defendants Holly Hafermann, Vanessa Ostovich, Paul Rothenberg, Rothenberg PC, Elliott Taylor and Plaintiff Todd Mandel. (tlh) |
| Filing 2 NOTICE OF REMOVAL from 3rd District Court Summit County, case number 180500411, (Filing fee $ 400, receipt number 1088-3345655) filed by Rothenberg PC, Paul Rothenberg. (Attachments: #1 Exhibit "A" - Complaint & First Amended Complaint, #2 Exhibit "B" - All Other Pleadings, #3 Civil Cover Sheet Civil Cover Sheet) Assigned to Judge Howard C. Nielson, Jr (Purcell, Matthew) |
| Filing 1 Case has been indexed and assigned to Judge Howard C. Nielson, Jr.. Defendants Paul Rothenberg and Rothenberg PC are directed to E-File the Notice of Removal and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 400.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. (tlh) |
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