Eviner v. Yoketing Eng et al
| Christina Eng Eviner |
| Yoketing Eng, Barry Eng, Anna Eng, JP Morgan Chase Bank N.A., Bank Of America, Bny Mellon Bank, Na, Delphi Corporation, Lehman Brothers Inc., General Motors Corporation, Dreyfus Funds, Altria Group, Inc., American Express Company, Inc., Ameriprise Financial Inc., Citigroup Inc, E.I. Dupont De Nemours, Inc., Ford Motor Company Inc., Glaxo Smith Kline, Kraft Foods Inc., Reynolds American Inc., Chrysler Corporation, Daimler Chrysler Corporation, Travelers Insurance Company, Inc.,, Raytheon Corp., Phillip Morris International, Inc., Borden, Inc.,, The Dreyfus Fund Incorporated, incorrectly identified as Dreyfus Funds, Computershare Inc., GLAXO SMITH KLINE, plc, Glaxo Smith Kline Services, The Bank of New York Mellon, incorrectly identified as The Bank of New York/Mellon, Bank of New York/Mellon, Nicholas Eng and Benjamin Eng |
| Trinh Eng and Citibank N.A. |
| Visteon Corporation and The Bank of New York Mellon, incorrectly identified as BNY Mellon Bank, NA |
| 1:2013cv06940 |
| December 9, 2013 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Margo K Brodie |
| Peggy Kuo |
| Fraud or Truth-In-Lending |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Defendant |
Docket Report
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This docket was last retrieved on August 18, 2023. A more recent docket listing may be available from PACER.
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Civil Case Terminated. (FP)
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Filing 363
STIPULATION of Dismissal WITH PREJUDICE by Christina Eng Eviner (Biehl, Frederick)
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Filing 362
ORDER It is Ordered that Plaintiff's Motion to Voluntarily Dismiss Defendant Anna Eng and her Estate ("the Estate of Anna Eng") is hereby GRANTED. So Ordered by Chief Judge Margo K. Brodie on 8/10/2023. (FP)
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Filing 361
CONSENT ORDER TO DISCHARGE AND CANCEL CONSTRUCTIVE TRUST DOCKET ENTRY NOS: 196 AND 284. So Ordered by Chief Judge Margo K. Brodie on 8/10/2023. (FP)
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Filing 360
Letter by Anna Eng (Dandridge, Sherilyn)
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Filing 359
REPLY in Opposition re #358 MOTION to Dismiss the Action as Against Defendant Anna Eng and Her Estate with Prejudice, #357 Letter filed by Anna Eng. (Dandridge, Sherilyn)
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Filing 358
MOTION to Dismiss the Action as Against Defendant Anna Eng and Her Estate with Prejudice by Christina Eng Eviner. (Attachments: #1 Memorandum in Support, #2 Declaration, #3 Proposed Order, #4 Certificate of Service) (Biehl, Frederick)
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Filing 357
Letter to Judge Kuo Regarding Dismissal by Christina Eng Eviner (Biehl, Frederick)
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Filing 356
Letter to the Honorable Margo K. Brodie by Yoketing Eng (Lewbel, Steven)
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ORDER: Pursuant to the 6/13/2023 Minute Entry, the parties were directed to file the stipulation of dismissal and motion for voluntary dismissal or a joint status report by July 31, 2023. The parties have failed to comply with this Court Order and are directed to file the outstanding documents no later than August 9, 2023. Ordered by Magistrate Judge Peggy Kuo on 8/7/2023. (RO)
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Filing 355
CONSENT ORDER TO WITHDRAW FUNDS FROM THE CONSTRUCTIVE TRUST. So Ordered by Chief Judge Margo K. Brodie on 7/12/2023. (FP)
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Filing 354
Letter with proposed Consent Order to W/D Funds from Constructive Trust (Docket Nos. 196 and 284) by Christina Eng Eviner (Attachments: #1 Proposed Order Consent Order to W/D Funds from Constructive Trust) (Biehl, Frederick)
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A Motion Hearing was held before Magistrate Judge Peggy Kuo on June 13, 2023. Frederick C. Biehl, III, Esq., appeared on behalf of Plaintiff. Steven I. Lewbel, Esq., appeared on behalf of Defendants Yoketing Eng and the Estate of Trinh Eng. Sherilyn R. Dandridge, Esq., appeared on behalf of Defendant Anna Eng. Robert K. Malone, Esq., appeared on behalf of the Bank Defendants. Ms. Dandridge informed the court that Defendant Anna Eng passed away on May 6, 2020 and that the probate process has not yet begun. The parties agreed that the Settlement Agreement as set forth at [343-1] Exhibit J, Pages 78-85 (ECF Pagination), PageID # 10000-10007 constitutes their agreement. The parties, except Anna Eng, agreed to execute that settlement agreement, which shall be revised only to remove her as a party, and then to file a stipulation of dismissal. Plaintiff stated her intention, upon execution of that agreement, to move for voluntary dismissal with prejudice of the case against Anna Eng. The parties also agreed to move for the discharge of the constructive trust to carry out the settlement.In light of the agreement reached, the motions at #340 and #342 are considered withdrawn. The parties are respectfully requested to file the stipulation of dismissal and motion for voluntary dismissal no later than July 31, 2023, or a joint status report as to why they have not been filed. (FTR Log #2:26-3:06.) (NS)
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Filing 353
Letter to Hon. Peggy Kuo, U.S.M.J. by Benjamin Eng, Nicholas Eng, Trinh Eng, Yoketing Eng (Lewbel, Steven)
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ORDER: The Motion Hearing regarding the #340 Motion for Settlement and #342 Cross Motion for Settlement will proceed as scheduled on June 13, 2023 at 2:15 p.m. in Courtroom 11C South before Magistrate Judge Peggy Kuo. Ordered by Magistrate Judge Peggy Kuo on 6/12/2023. (RO)
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ORDER: The parties are reminded that, pursuant to Judge Kuo's Individual Practice Rules (I)(A-B), the parties are not to call Chambers except in the event of an emergency. Any request to take action in this case must be in writing and filed on the docket. Ordered by Magistrate Judge Peggy Kuo on 6/12/2023. (RO)
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SCHEDULING ORDER: A Motion Hearing regarding the #340 Motion for Settlement and #342 Cross Motion for Settlement is scheduled for June 13, 2023 at 2:15 p.m. in Courtroom 11C South before Magistrate Judge Peggy Kuo. Counsel with knowledge and authority must be present. Ordered by Magistrate Judge Peggy Kuo on 5/31/2023. (RO)
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MOTIONS REFERRED: #340 First MOTION for Settlement , #342 Cross MOTION for Settlement Motions referred to Peggy Kuo. (FP)
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ORDER REFERRING MOTIONS: The Court respectfully refers #340 MOTION for Settlement and #342 Cross MOTION for Settlement to Magistrate Judge Peggy Kuo for a report and recommendation. Ordered by Chief Judge Margo K. Brodie on 3/24/2023. (RS)
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Case Reassigned to Magistrate Judge Peggy Kuo. Magistrate Judge James Orenstein no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Mahoney, Brenna)
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Filing 352
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on July 22, 2019, before Judge Margo K. Brodie. Court Reporter/Transcriber David R. Roy, Telephone number (718) 613-2609. Email address: drroyofcr@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.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 1/24/2020. Redacted Transcript Deadline set for 2/3/2020. Release of Transcript Restriction set for 4/2/2020. (Roy, David)
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Filing 351
MEMORANDUM in Opposition re #335 Letter Def. Anna Eng's JOINDER application to Bank Defs, RESPONSE in Opposition re #340 First MOTION for Settlement , #342 Cross MOTION for Settlement filed by Anna Eng. (Dandridge, Sherilyn)
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Filing 350
Letter to Judge Margo K. Brodie by Bank Of America, Bank of New York/Mellon, Citibank N.A. (Malone, Robert)
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Filing 349
Letter to Judge Margo K. Brodie & Mag Judge Orenstein by Christina Eng Eviner (Biehl, Frederick)
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Filing 348
Letter to Judge Brodie & Mag. Judge Orenstein by Christina Eng Eviner (Biehl, Frederick)
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Filing 347
MEMORANDUM in Opposition re #332 Letter Plaintiff's Motion to Enforce the Settlement Agreement filed by Bank Of America, Bank of New York/Mellon, Citibank N.A.. (Malone, Robert)
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Filing 346
Letter to Judge Brodie by Benjamin Eng, Nicholas Eng, Yoketing Eng (Lewbel, Steven)
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Filing 345
MEMORANDUM in Opposition re #340 First MOTION for Settlement , #341 1 - Sealed Document CV,, Declaration, #344 Memorandum in Opposition, #342 Cross MOTION for Settlement incorporating # 338 and 344 filed by Anna Eng. (Dandridge, Sherilyn)
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Filing 344
MEMORANDUM in Opposition to Defendants Yoketing Estate's Cross-Motion to Enforce the Settlement Agreement filed by Bank Of America, Bank of New York/Mellon, Citibank N.A.. (Attachments: #1 Memorandum in Opposition) (Malone, Robert)
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Filing 342
Cross MOTION for Settlement by Benjamin Eng, Nicholas Eng, Yoketing Eng. (Attachments: #1 Memorandum in Support, #2 COVER LETTER) (Lewbel, Steven)
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Filing 341
DECLARATION re #340 First MOTION for Settlement by Christina Eng Eviner (Attachments: #1 Exhibit Exhibits 1-5, #2 Exhibit Exhibits 6-12, #3 Exhibit Exhibits 13-17, #4 Exhibit Exhibits 18-23, #5 Exhibit Exhibits 24-32) (Biehl, Frederick)
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Filing 340
First MOTION for Settlement by Christina Eng Eviner. (Attachments: #1 Notice of Motion Notice of Motion, #2 Memorandum in Support Memorandum of Law In Support of Motion, #3 Memorandum in Opposition Reply Memorandum) (Biehl, Frederick)
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Filing 339
Letter to All Counsel by Christina Eng Eviner (Biehl, Frederick)
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Filing 338
Letter re Anna's JOINDER application and in response the Eng Def's 10-7-2019 Letter by Anna Eng (Dandridge, Sherilyn)
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Filing 337
Letter to Judge Brodie by Benjamin Eng, Nicholas Eng, Yoketing Eng (Lewbel, Steven)
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ORDER granting #334 Motion to Substitute Attorney -- The motion is granted; the law firm of Drinker Biddle & Reath LLP is terminated. The law firm of Gibbons P.C. is substituted as counsel of record for Citibank, N.A. and the Bank Defendants. Ordered by Magistrate Judge James Orenstein on 10/7/2019. (Gutmann, Joseph)
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Filing 336
NOTICE of Appearance by Robert K. Malone on behalf of Citibank N.A. (notification declined or already on case) (Malone, Robert)
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Filing 335
Letter from Robert K. Malone, Esq., to Frederick C. Biehl III, Esq., Steven I. Lewbel, Esq., and Sherilyn R. Dandridge, Esq. by Bank Of America, Bank of New York/Mellon, Citibank N.A. (Malone, Robert)
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Filing 334
Consent MOTION to Substitute Attorney Gibbons P.C. for Drinker Biddle & Reath LLP by Bank Of America, Bank of New York/Mellon, Citibank N.A.. (Attachments: #1 Declaration of Robert K. Malone, Esq., #2 Exhibit A) (Malone, Robert)
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Filing 333
Letter regarding motion by Benjamin Eng, Nicholas Eng, Yoketing Eng (Lewbel, Steven)
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Filing 332
Letter to all Counsel by Christina Eng Eviner (Biehl, Frederick)
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Filing 331
Letter to Judge Margo K. Brodie by Christina Eng Eviner (Biehl, Frederick)
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ORDER re #331 Letter filed by Christina Eng Eviner. The Court adopts the parties' Proposed Joint Briefing Schedule. Plaintiff shall file its Motion to Enforce by 9/19/2019; Defendants shall file their Opposition to Plaintiff's Motion to Enforce by 10/3/2019; and Plaintiff shall file its Reply to Defendant's Opposition by 10/17/2019. Ordered by Judge Margo K. Brodie on 8/30/2019. (Johnson, Alexsis)
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Filing 330
Letter Letter to Judge Brodie by Trinh Eng, Yoketing Eng (Lewbel, Steven)
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ORDER re #329 Letter. The Court denies Plaintiff's request for a pre-motion conference. The parties are directed to confer and submit a proposed briefing schedule for Plaintiff's anticipated motion to enforce the settlement agreement. Ordered by Judge Margo K. Brodie on 8/16/2019. (Morel, Christopher)
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Filing 329
Letter to Honorable Margo K. Brodie by Christina Eng Eviner (Biehl, Frederick)
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Minute Entry for proceedings held before Judge Margo K. Brodie: Settlement conference held before Judge Margo K. Brodie on July 22, 2019. Frederick C. Biehl appeared on behalf of Plaintiff; Steven I. Lewbel appeared on behalf of Defendants Yoketing Eng and the Estate of Trinh Eng; Robert Malone appeared on behalf of the Bank Defendants; and Sherilyn R. Dandridge appeared on behalf of Anna Eng. The parties informed the Court that they have fully settled all the issues in the case. Yoketing Eng and Nicholas Eng gave sworn testimony as to their satisfaction with the draft settlement agreement. The parties will submit a consent order discharging and cancelling the #196 and #284 constructive trust, and will subsequently submit a stipulation of dismissal with prejudice. (Court Reporter David Roy.) (Morel, Christopher)
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Filing 328
Letter to Hon. Judge Margo K. Brodie by Christina Eng Eviner (Biehl, Frederick)
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ORDER re #328 Letter filed by Christina Eng Eviner: The Pretrial Conference set for July 11, 2019 is canceled. The Court will hold a conference on July 22, 2019 at 10:00 AM. Ordered by Judge Margo K. Brodie on 7/9/2019. (Brucella, Michelle)
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Minute Entry for proceedings held before Judge Margo K. Brodie:Pre Motion Conference held before Judge Margo K. Brodie on June 18, 2019. Frederick C. Biehl appeared on behalf of Plaintiff; Steven I. Lewbel appeared on behalf of Defendants Yoketing Eng and the Estate of Trinh Eng; Robert Malone appeared on behalf of the Bank Defendants; and Sherilyn R. Dandridge appeared on behalf of Anna Eng. The Court heard argument on Plaintiff's motion to enforce the settlement agreement. For the reasons stated on the record, the Court finds that the parties did not enter into an enforceable, settlement agreement. In addition, because the underlying case has not been resolved, the Court declines to decide the issue of indemnification as to the Bank Defendants. A Final Pretrial Conference is scheduled for July 11, 2019 at 4:00 PM, at which time the Court will discuss the joint pretrial order and hear oral argument on any pending motions in limine. Jury selection and trial remain scheduled for July 22, 2019 at 9:30 AM. However, Mr. Lewbel is to inform the Court as soon as possible whether he is available for trial the week of July 29, 2019. (Court Reporter Holly Driscoll.) (Morel, Christopher)
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Filing 327
Letter to Judge Brodie by Yoketing Eng (Lewbel, Steven)
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ORDER re #325 , #326 Letters. The parties are directed to appear for a conference on June 18, 2019 at 4:00 PM in Courtroom 6F North before Judge Margo K. Brodie. Ordered by Judge Margo K. Brodie on 6/14/2019. (Morel, Christopher)
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Filing 326
Letter to the Honorable Margo K. Brodie by Citibank N.A. (Morgan, Brian)
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Filing 325
Letter to Hon. Margo K. Brodie by Christina Eng Eviner (Biehl, Frederick)
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Filing 324
NOTICE of Appearance by Steven I. Lewbel on behalf of Benjamin Eng, Nicholas Eng, Trinh Eng (aty to be noticed) (Attachments: #1 Certificate of Service Certificate of Service) (Lewbel, Steven)
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Filing 323
Minute Entry for proceedings held before Magistrate Judge James Orenstein:Settlement Conference held on 5/24/2019. (!) Mr. Lewbel will promptly file a notice of appearance on behalf of Nicholas and Benjamin Eng, as representatives of the estate of Trinh Eng. (2) The parties were unable to reach an agreement on the remaining issues in dispute about bank fees, and no agreement seems likely. (Orenstein, James)
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Filing 322
Letter to Mag. Judge James Orenstein by Christina Eng Eviner (Biehl, Frederick)
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SCHEDULING ORDER: I will hold a settlement conference on May 24, 2019, at 2:00 p.m. in Courtroom 11D South. No later than May 22, 2019, each party must submit an ex parte statement of settlement position by email only (NOT by ECF) to #orenstein_chambers@nyed.uscourts.gov. Each statement must include the terms on which the party is willing to settle the case, whether those terms are negotiable, and an explanation of that position. These statements will be treated as confidential, and will not be docketed. Meaningful settlement discussions will occur at this conference; clients or other persons with full settlement authority must be present or immediately available by telephone. Ordered by Magistrate Judge James Orenstein on 5/10/2019. (Roantree, Bronwyn)
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Filing 321
Letter MOTION to Reassign Case by Trinh Eng, Yoketing Eng. (Lewbel, Steven)
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ORDER denying #321 Motion to Reassign Case. The Court denies the request to reassign the settlement conference to another magistrate judge. The parties shall proceed with scheduling a settlement conference before Magistrate Judge James Orenstein. Ordered by Judge Margo K. Brodie on 5/2/2019. (Morel, Christopher)
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Minute Entry for proceedings held before Judge Margo K. Brodie: Final Pretrial Conference held before Judge Margo K. Brodie on April 26, 2019. Frederick C. Biehl appeared for plaintiff; Steven Lewbel appeared for Yoketing Eng; Robert Malone appeared for Citibank; Sherilyn Dandridge appeared for Anna Eng. The parties are in the process of attempting to settle this matter. The parties shall schedule a conference with Magistrate Judge James Orenstein to attempt to resolve the remaining issue regarding Citibank's attorneys fees. The parties shall notify the Court promptly if they resolve the case in advance of trial. Jury selection and trial remain scheduled for July 22, 2019 at 9:30 AM. (Court Reporter Michele Lucchese) (Morel, Christopher)
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SCHEDULING ORDER: Final Pretrial Conference is RESCHEDULED for April 26, 2019 at 10:30 AM before Judge Margo K. Brodie. Ordered by Judge Margo K. Brodie on 3/21/2019. (Brucella, Michelle)
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Filing 320
MOTION to Adjourn Conference due to family emergency by Yoketing Eng. (Lewbel, Steven)
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ORDER granting #320 Motion to Adjourn Conference. Pretrial Conference is adjourned to March 28, 2019 at 10:30 AM before Judge Margo K. Brodie. Ordered by Judge Margo K. Brodie on 3/20/2019. (Brucella, Michelle)
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ORDER re #319 Letter requesting to adjourn conference: The application is granted. Pretrial Conference will be held on March 21, 2019 at 10:30 AM. Ordered by Judge Margo K. Brodie on 2/8/2019. (Brucella, Michelle)
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Filing 319
Letter requesting to adjourn conference by Trinh Eng (Lewbel, Steven)
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SCHEDULING ORDER: Pretrial Conference is ADJOURNED to March 20, 2019 at 10:30 AM before Judge Margo K. Brodie. Ordered by Judge Margo K. Brodie on 2/5/2019. (Brucella, Michelle)
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ORDER granting #318 Motion to Substitute Party -- The motion is granted on consent; Benjamin Eng and Nicholas Eng, as Co-Executors of the Estate of Trinh Eng, are substituted for the late Trinh Eng. Ordered by Magistrate Judge James Orenstein on 12/18/2018. (Roantree, Bronwyn)
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Minute Entry for proceedings held before Judge Margo K. Brodie:Pretrial Conference held before Judge Margo K. Brodie on December 12, 2018. Frederick C. Biehl, III appeared on behalf of plaintiff; Steven I. Lewbell appeared on behalf of defendant Yoketing Eng; Robert Malone appeared on behalf of defendants Bank of America, Citibank, and Bank of New York/Mellon; Sherilyn Dandridge appeared by telephone on behalf of defendant Anna Eng. The Court adjourned the Pretrial Conference to allow the parties to pursue settlement discussions. If the parties are unable to reach a settlement, the Court will hold a Pretrial Conference on March 13, 2019 at 10:00 AM, at which time the Court will discuss the proposed joint pretrial order with all parties. Jury selection and trial is scheduled for July 22, 2019 at 9:30 AM. (Court Reporter Michele Lucchese.) (Morel, Christopher)
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Filing 318
Notice of MOTION to Substitute Party by Christina Eng Eviner. (Attachments: #1 Declaration Biehl Declaration, #2 Proposed Order Order) (Biehl, Frederick)
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ORDER re #318 Notice of MOTION to Substitute Party -- Any party wishing to respond to the motion may do so by December 13, 2018; in the absence of any opposition, I will grant the motion on consent. Ordered by Magistrate Judge James Orenstein on 12/6/2018. (Roantree, Bronwyn)
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Filing 317
Letter by Christina Eng Eviner (Biehl, Frederick)
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ORDER re #317 Letter requesting an adjournment. The application is granted. The Pretrial Conference is RESCHEDULED to December 12, 2018 at 10:00 AM before Judge Margo K. Brodie. Ordered by Judge Margo K. Brodie on 10/19/2018. (Morel, Christopher)
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Filing 316
Letter MOTION for Extension of Time to File Motion for Substitution regarding Trinh Eng by Benjamin Eng, Nicholas Eng. (Porter, Russell)
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ORDER granting #316 Motion for Extension of Time to File Motion for Substitution -- The application is granted; the deadline for the plaintiffs to file their motion for substitution regarding Trinh Eng is extended to December 6, 2018. Ordered by Magistrate Judge James Orenstein on 10/18/2018. (Roantree, Bronwyn)
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Filing 315
Letter to Hon. Judge Margo K. Brodie by Christina Eng Eviner (Biehl, Frederick)
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ORDER re #315 Letter requesting an adjournment: The application is granted. Pretrial Conference is RESCHEDULED to October 23, 2018 at 11:00 AM before Judge Margo K. Brodie. Ordered by Judge Margo K. Brodie on 9/26/2018. (Brucella, Michelle)
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ORDER granting #314 Motion for Extension of Time to File Motion for Substitution -- The application is granted; the deadline for the plaintiffs to file their motion for substitution regarding Trinh Eng is extended to October 22, 2018. Ordered by Magistrate Judge James Orenstein on 9/21/2018. (Roantree, Bronwyn)
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Filing 314
Letter MOTION for Extension of Time to File Motion for Substitution regarding Trinh Eng by Benjamin Eng, Nicholas Eng. (Porter, Russell)
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ORDER re #313 Letter requesting adjournment: The application is granted. Pretrial Conference is ADJOURNED to October 2, 2018 at 10:30 AM in Courtroom 6F North before Judge Margo K. Brodie. Ordered by Judge Margo K. Brodie on 8/24/2018. (Brucella, Michelle)
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Filing 313
Letter to Magistrate Judge Margo K. Brodie by Christina Eng Eviner (Biehl, Frederick)
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Filing 312
Letter MOTION for Extension of Time to File Motion for Substitution regarding Trinh Eng by Benjamin Eng, Nicholas Eng. (Porter, Russell)
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ORDER granting #312 Motion for Extension of Time to File -- The motion is granted on consent; the defendant's successor or representative shall file a motion for substitution no later than September 21, 2018. Ordered by Magistrate Judge James Orenstein on 8/6/2018. (Drake, Shaw)
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SCHEDULING ORDER: Pretrial Conference is set for August 28, 2018 at 11:00 AM in Courtroom 6F North before Judge Margo K. Brodie. Ordered by Judge Margo K. Brodie on 7/5/2018. (Brucella, Michelle)
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Filing 311
MOTION to Adjourn Conference by Yoketing Eng. (Lewbel, Steven)
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ORDER granting in part and denying in part #311 Motion to Adjourn Conference. The Court grants the motion to adjourn the pre-trial conference currently scheduled on July 3, 2018. The Court will re-schedule the pre-trial conference on a later date. Ordered by Judge Margo K. Brodie on 6/29/2018. (Chu, Chan Hee)
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SCHEDULING ORDER: Pretrial Conference set for July 3, 2018 at 11:00 AM in Courtroom 6F North before Judge Margo K. Brodie. Ordered by Judge Margo K. Brodie on 6/22/2018. (Brucella, Michelle)
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Filing 310
Letter MOTION for Extension of Time to File Motion for Substitution regarding Trinh Eng by Benjamin Eng, Nicholas Eng. (Porter, Russell)
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ORDER granting #310 Motion for Extension of Time to File -- The motion is granted on consent; the defendant's successor or representative shall file a motion for substitution no later than August 7, 2018. Ordered by Magistrate Judge James Orenstein on 6/6/2018. (Salvador, Anjali)
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Filing 309
REPLY in Support re #301 First MOTION in Limine to bar testimony as to pain and suffering filed by Yoketing Eng. (Lewbel, Steven)
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Filing 308
REPLY in Support re #300 First MOTION in Limine to preclude damage expert testimony filed by Yoketing Eng. (Lewbel, Steven)
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Filing 307
NOTICE of Appearance by Gary Michael Fellner on behalf of Benjamin Eng, Nicholas Eng (aty to be noticed) (Fellner, Gary)
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Filing 306
Letter MOTION for Extension of Time to File Motion for Substitution regarding Trinh Eng by Nicholas Eng, Benjamin Eng. (Porter, Russell)
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ORDER granting #306 Motion for Extension of Time to File -- The motion is granted on consent; the defendant's successor or representative shall file a motion for substitution no later than June 8, 2018. If no such motion is made by that date, the claims "by or against the decedent must be dismissed." Fed. R. Civ. P. 25(a)(1). Ordered by Magistrate Judge James Orenstein on 4/3/2018. (Drake, Shaw)
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Filing 305
REPLY in Opposition to Defendant Yoketing Eng's Motion In Limine to Preclude Ken Eviner from Offering Any Testimony at Trial filed by Christina Eng Eviner. (Biehl, Frederick)
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Filing 304
REPLY in Opposition to Defendant Yoketing Eng's Motion in Limine filed by Christina Eng Eviner. (Attachments: #1 Declaration Declaration of Frederick C. Biehl, III, Esq.) (Biehl, Frederick)
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Filing 303
NOTICE by Christina Eng Eviner Detailed Statement Regarding Damages (Biehl, Frederick)
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Filing 302
NOTICE by Yoketing Eng statement regarding damages (Lewbel, Steven)
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Filing 301
First MOTION in Limine to bar testimony as to pain and suffering by Yoketing Eng. (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Memorandum in Support) (Lewbel, Steven)
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Filing 300
First MOTION in Limine to preclude damage expert testimony by Yoketing Eng. (Attachments: #1 Declaration Steven Lewbel, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U, #23 Exhibit V, #24 Exhibit W, #25 Memorandum in Support) (Lewbel, Steven)
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Filing 299
Proposed Pretrial Order amended by Yoketing Eng (Attachments: #1 cover letter) (Lewbel, Steven)
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Filing 298
Order Certifying Discovery is complete -- Discovery is closed. The parties have submitted a proposed joint pretrial order that substantially complies with the individual practice requirements of the Honorable Margo K. Brodie, United States District Judge. I therefore deem the action to be ready for trial, on a date to be set by Judge Brodie, without prejudice to any pending or anticipated motion for dispositive relief. Ordered by Magistrate Judge James Orenstein on 1/16/2018. (Drake, Shaw)
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Filing 297
Proposed Pretrial Order by Christina Eng Eviner (Attachments: #1 Letter) (Biehl, Frederick)
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ORDER re #296 Letter MOTION for Extension of Time to File pre-trial order Letter MOTION to Stay proceeding filed by Yoketing Eng -- In light of the suggestion of death on the record, the defendant's successor or representative shall file a motion for substitution no later than April 10, 2018. If no such motion is made by that date, the claims "by or against the decedent must be dismissed." Fed. R. Civ. P. 25(a)(1). Ordered by Magistrate Judge James Orenstein on 1/10/2018. (Drake, Shaw)
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ORDER denying #296 Motion for Extension of Time to File; denying #296 Motion to Stay -- Given the identity of interest and common representation of defendants Yoketing and Trinh Eng, the need to secure a formal substitution for the latter does not leave any of the parties' counsel unable to participate in preparing the joint pretrial order; as a result, the requested stay would merely add needless delay to a case that has been pending for over four years, I therefore direct all of the parties other than Trinh Eng to submit a joint pretrial order as previously scheduled by January 16, 2018. Any party substituted for the deceased defendant may seek leave to amend the joint pretrial order upon appearing. Ordered by Magistrate Judge James Orenstein on 1/10/2018. (Drake, Shaw)
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Filing 296
Letter MOTION for Extension of Time to File pre-trial order, Letter MOTION to Stay proceeding by Yoketing Eng. (Lewbel, Steven)
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ORDER re #295 Letter -- The deadline for completing supplemental expert disclosures was December 15, 2017. See Docket Entry #294 . While the plaintiff is of course free to accept a disclosure thereafter, the deadline for submitting a joint pretrial order to Judge Brodie remains January 16, 2018. Ordered by Magistrate Judge James Orenstein on 12/22/2017. (Salvador, Anjali)
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Filing 295
Letter by Christina Eng Eviner (Biehl, Frederick)
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Filing 294
Minute Entry for proceedings held before Magistrate Judge James Orenstein:Status Conference held on 9/7/2017. (1) The plaintiff will serve a supplemental expert report as to damages by October 31, 2017. The defendants may serve responsive supplemental reports by December 15, 2017. In all other respects, discovery remains closed, but the parties may conduct expert depositions at any time before trial. Rather than schedule a further appearance, I respectfully direct the parties to submit a status report by December 22, 2017. (2) No settlement appears to be likely. (3) I will extend the deadline for submitting a pretrial order to 30 days after the supplemental discovery deadline. Upon the parties' submission of a joint pretrial order that fully complies with Judge Brodie's individual practice requirements, due no later than January 16, 2018, I will certify that the case is ready for trial. (Orenstein, James)
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ORDER -- By no later than September 5, 2017, each party must submit an ex parte statement of settlement position by email only (NOT by ECF) to #orenstein_chambers@nyed.uscourts.gov. Each statement must include the terms on which the party is willing to settle the case, whether those terms are negotiable, and an explanation of that position. These statements will be treated as confidential, and will not be docketed. Meaningful settlement discussions will occur at the conference scheduled for September 7, 2017; clients or other persons with full settlement authority must be present or immediately available by telephone. Ordered by Magistrate Judge James Orenstein on 8/14/2017. (Miao, Tiffany)
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ORDER REASSIGNING CASE. Case reassigned to Judge Margo K. Brodie for all further proceedings. Judge Eric N. Vitaliano no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Ordered by Chief Judge Dora Lizette Irizarry on 8/14/2017. (Bowens, Priscilla)
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SCHEDULING ORDER: A status conference will be held on September 7, 2017, at 10:30 a.m. Ordered by Magistrate Judge James Orenstein on 8/10/2017. (Klewin, Erin)
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Filing 293
MEMORANDUM AND ORDER, denying #286 Motion for Partial Summary Judgment; denying #288 Motion for Partial Summary Judgment. This matter is respectfully referred to USMJ James Orenstein for a conference to explore settlement and all other outstanding pretrial matters. (Ordered by Judge Eric N. Vitaliano on 7/31/17) c/m (Galeano, Sonia)
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Case Reassigned to Judge Eric N. Vitaliano. Judge Ann M Donnelly no longer assigned to the case.Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Mahoney, Brenna)
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Minute Entry for proceedings held before Judge Ann M Donnelly: Conference held on 4/28/2016. Appearances by Frederick Biehl for the plaintiff, Robert Malone for the bank defendants, Steven Lewbel for defendants Yoketing Eng and Trinh Eng, and Sherilyn Dandridge for defendant Anna Eng. Case called. Discussions held. The case has been reassigned due to a conflict of interest. (Court Reporter Stacey Mace.) (Sise, Ellen)
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Filing 292
Letter to Honorable Ann M. Donnelly by Trinh Eng, Yoketing Eng (Lewbel, Steven)
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ORDER. The parties shall appear before the undersigned at 10:30 am on April 28, 2016 for a conference regarding their cross-motions for partial summary judgment. Ordered by Judge Ann M Donnelly on 4/20/2016. (Sise, Ellen)
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ORDER. In light of the defendants' letter #292 , the conference previously scheduled for 10:30 a.m. on April 28, 2016 is rescheduled for 3:30 p.m. on April 28, 2016. Ordered by Judge Ann M Donnelly on 4/20/2016. (Sise, Ellen)
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Filing 291
Letter to Hon. Judge Ann M. Donnelly, U.S.D.J. by Christina Eng Eviner (Biehl, Frederick)
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Filing 290
Letter to Honorable Ann M. Donnelly by Trinh Eng, Yoketing Eng (Lewbel, Steven)
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Filing 289
AFFIDAVIT/DECLARATION in Support re #286 Fully Briefed MOTION for Partial Summary Judgment of Trinh Eng filed by Trinh Eng, Yoketing Eng. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29) (Lewbel, Steven)
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Filing 288
Fully Briefed MOTION for Partial Summary Judgment by Christina Eng Eviner. Responses due by 12/31/2015 (Attachments: #1 Notice of Motion Plaintiff's Notice of Motion for Partial Summary Judgment, #2 Rule 56.1 Statement Rule 56.1 Statement of Material Facts, #3 Memorandum in Support Memorandum of Law in Support, #4 Declaration Biehl Declaration, #5 Exhibit Exhibits 1, 2 and 3 to Biehl Dec., #6 Exhibit Exhibits 4 thru 9 to Biehl Dec., #7 Exhibit Exhibits 10 thru 13 to Biehl Dec., #8 Exhibit Exhibits 14 thru 18 to Biehl Dec., #9 Exhibit Exhibits 19 thru 22 to Biehl Dec., #10 Exhibit Exhibit 23 to Biehl Dec.) (Biehl, Frederick)
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Filing 287
DECLARATION re #286 Fully Briefed MOTION for Partial Summary Judgment by Trinh Eng, Yoketing Eng (Attachments: #1 Exhibit Exhibit 30 - Herbert Eng ATC Collection Notice, #2 Exhibit Exhibit 31 - General Motors Co. Dividend History, #3 Exhibit Exhibit 32 - GM Paid Net Dividends of $200.00 in Each Quarter to the Eng Children) (Lewbel, Steven)
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Filing 286
Fully Briefed MOTION for Partial Summary Judgment by Trinh Eng, Yoketing Eng. (Attachments: #1 Declaration Steven I. Lewbel, Esq. Declaration, #2 Exhibit Exhibit A - Memorandum & Order, #3 Exhibit Exhibit B - Declaration of Yoketing Eng, #4 Exhibit Exhibit C - Deposition of Barry Eng, #5 Exhibit Exhibit D - Deposition of Trinh Eng, #6 Exhibit Exhibit E - Deposition of Trinh Eng Volume II, #7 Exhibit Exhibit F - Deposition of Christina Eng Eviner, #8 Exhibit Exhibit G - Deposition of Anna Eng, #9 Exhibit Exhibit H - August 2014 Letter to Counsel from Steven I. Lewbel, Esq., #10 Exhibit Exhibit I - Responses of Defendant Yoketing Eng to the Second Set of Interrogatories, #11 Exhibit Exhibit J - Responses of Defendant Trinh Eng to the Second Set of Interrogatories, #12 Exhibit Exhibit K - Defendant Anna Eng's Response to Plaintiff's First Set of Interrogatories, #13 Exhibit Exhibit L - Plaintiff's Response and General Objections to Defendant's First Set of Interrogatories, #14 Exhibit Exhibit M - October 2015 Letter with Enclosure to Counsel from Steven I. Lewbel, Esq., #15 Exhibit Exhibit N - Will of Herbert W. Eng, #16 Exhibit Exhibit O - Herbert W. Eng's New York Tax Return, #17 Exhibit Exhibit P - Letter to Frederick C. Biehl, III Esq., #18 Exhibit Exhibit Q - September 2014 Letter with Enclosure to Counsel from Steven I. Lewbel, Esq., #19 Exhibit Exhibit R - Herbert Eng checks to Colonial Security Inc. & Waterhouse Securities Inc., #20 Exhibit Exhibit S - Edison/Colonial Securities Inc. invoices to Herbert Eng & Christina Eng, #21 Exhibit Exhibit T - Yoketing Eng's Valley National Bank Statement, #22 Exhibit Exhibit U - Supplemental Declaration of Yoketing Eng, #23 Exhibit Exhibit V - February 2012 Letter to Trinh Eng from Frederick C. Biehl, III Esq., #24 Memorandum in Support Memorandum of Law of Defendants in Support of their Cross-Motion for Partial Summary Judgment and Opposition to the Second Motion for Partial Summary Judgment of Plaintiff, #25 Rule 56.1 Statement Rule 56.1 Statement, #26 Declaration Supplemental Declaration of Frederick C. Biehl III, Esq. in Further Support of Plaintiff's Motion for Partial Summary Judgment and in Opposition to YT Defendants' Cross Motion for Partial Summary Judgment, #27 Exhibit Exhibits to Biehl Supplemental Declaration, #28 Memorandum in Support Reply Memorandum of Law in Support of Plaintiffs Motion for Partial Summary Judgment and in Opposition to Defendants Cross Motion for Partial Summary Judgment, #29 Rule 56.1 Counterstatement of Facts, #30 Certificate of Service December 2015 Certificate of Service, #31 Memorandum in Support Reply Memorandum of Defendants in Further Support of their Cross-Motion for Partial Summary Judgment Against Plaintiff, #32 Declaration Supplemental Declaration of Trinh Eng) (Lewbel, Steven)
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Filing 285
Letter Judge Ann Donnelly by Christina Eng Eviner (Biehl, Frederick)
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ORDER granting #284 Motion to Amend/Correct/Supplement -- The stipulation, docket entry #284 , is so ordered. Ordered by Magistrate Judge James Orenstein on 12/11/2015. (Howley, Thomas)
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Filing 284
First MOTION to Amend/Correct/Supplement #196 Letter by Trinh Eng, Yoketing Eng. (Attachments: #1 Proposed Order Proposed Consent Order re Document NO. 196) (Lewbel, Steven)
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Filing 283
Letter MOTION for Extension of Time to File Response/Reply as to #282 Letter re: summary judgment motion schedule by Trinh Eng. (Lewbel, Steven)
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ORDER granting #283 Motion for Extension of Time to File. Plaintiff's opposition to the partial summary judgment motions is due December 11, 2015. The Eng Defendants reply, if any, is due December 30, 2015. Ordered by Judge Ann M Donnelly on 12/9/2015. (Sise, Ellen)
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Filing 282
Letter Hon. Judge Ann M. Donnelly by Christina Eng Eviner (Biehl, Frederick)
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ORDER: This case is now before the undersigned. The schedule previously agreed upon in regards to the partial motions for summary judgment shall be specified by the parties in a letter to this Court by the end of business 11/19/15. Parties are required to review # my individual rules . Ordered by Judge Ann M. Donnelly on 11/18/2015. (Greene, Donna)
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ORDER: This case is now before the undersigned. The schedule previously agreed upon in regards to the partial motions for summary judgment shall be specified by the parties in a letter to this Court by the end of business 11/18/15. Parties are required to review # my individual rules . Ordered by Judge Ann M Donnelly on 11/17/2015. (Greene, Donna)
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Filing 281
Letter to Judge Orenstein by Trinh Eng, Yoketing Eng (Lewbel, Steven)
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ORDER re #281 Letter filed by Yoketing Eng, Trinh Eng -- In setting the deadline for submission of a joint pretrial order, I overlooked my order of September 4, 2015. I therefore vacate the former and reinstate the latter: the parties shall file a joint pretrial order within 30 days of the date of the order resolving the dispositive motions. I apologize to the parties and their counsel for making them shoulder the burden of seeking clarification. Ordered by Magistrate Judge James Orenstein on 11/16/2015. (Howley, Thomas)
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Case Reassigned to Judge Ann M Donnelly. Judge Edward R. Korman no longer assigned to the case.Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Mahoney, Brenna)
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ORDER terminating #243 Motion for Pre Motion Conference -- The parties are respectfully directed to file a joint pretrial order by December 11, 2015 in compliance with Judge Korman's individual practice rules. Ordered by Magistrate Judge James Orenstein on 11/10/2015. (Howley, Thomas)
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Filing 280
Letter to Magistrate Judge Orenstein by Trinh Eng, Yoketing Eng (Lewbel, Steven)
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ORDER re #280 Letter filed by Yoketing Eng, Trinh Eng -- The parties have been submitting essentially the same report since June 2015. See docket entries 261, 262, 264, 270, 271, 272, 273, 274, 276, 277, 279. I see no point in continuing the cycle: the parties are free to reach an agreement at any time, but unless and until they do, the constructive trust will remain in place and the underlying litigation should proceed to resolution on the merits. I therefore vacate the order to submit a further status report to me. Ordered by Magistrate Judge James Orenstein on 11/3/2015. (Howley, Thomas)
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Filing 279
Letter to Magistrate Judge Orenstein by Trinh Eng, Yoketing Eng (Lewbel, Steven)
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ORDER re #279 Letter filed by Yoketing Eng, Trinh Eng -- The application is granted. The time for the parties to submit a joint status report is extended until November 4, 2015. Ordered by Magistrate Judge James Orenstein on 10/20/2015. (Howley, Thomas)
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Filing 278
Letter to District Judge Korman by Trinh Eng, Yoketing Eng (Lewbel, Steven)
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ORDER re #277 Letter -- The application is granted. The time for the parties to submit a joint status report is extended until October 21, 2015. Ordered by Magistrate Judge James Orenstein on 10/7/2015. (Howley, Thomas)
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Filing 277
Letter to Magistrate Judge Orenstein by Trinh Eng, Yoketing Eng (Lewbel, Steven)
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ORDER re #276 Letter filed by Yoketing Eng, Trinh Eng -- The application is granted. The time for the parties to submit a joint status report is extended until October 7, 2015. Ordered by Magistrate Judge James Orenstein on 9/24/2015. (Howley, Thomas)
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Filing 276
Letter to Honorable James Orenstein by Trinh Eng, Yoketing Eng (Lewbel, Steven)
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Filing 275
Letter to Hon. Senior Judge Edward R. Korman by Christina Eng Eviner (Biehl, Frederick)
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Filing 274
Letter to Judge Orenstein by Trinh Eng, Yoketing Eng (Lewbel, Steven)
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ORDER re #274 Letter filed by Yoketing Eng, Trinh Eng -- The application is granted on consent. The time for the parties to submit a joint status report is extended until September 23, 2015. Ordered by Magistrate Judge James Orenstein on 9/9/2015. (Howley, Thomas)
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Filing 273
Letter Letter to Magistrate Judge Orenstein by Christina Eng Eviner (Biehl, Frederick)
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ORDER re #273 Letter filed by Christina Eng Eviner -- The application is granted. The parties are respectfully directed to file a joint pretrial order by 30 days following an order resolving the motion. Ordered by Magistrate Judge James Orenstein on 9/4/2015. (Howley, Thomas)
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ORDER -- Pursuant to the Case Management and Scheduling Order dated April 16, 2014, docket entry #181 , the parties were required to submit a joint pretrial order by August 28, 2015, but have not complied. The parties are respectfully directed to file a joint pretrial order by September 11, 2015. Ordered by Magistrate Judge James Orenstein on 9/3/2015. (Howley, Thomas)
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ORDER granting #272 Motion for Extension of Time to File -- The application is granted on consent. The time for the parties to submit a joint status report is extended until September 9, 2015. Ordered by Magistrate Judge James Orenstein on 8/26/2015. (Hill, Lucy)
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Filing 272
Letter MOTION for an extension of time to file document to Magistrate Judge Orenstein by Trinh Eng, Yoketing Eng (Lewbel, Steven) Modified on 8/26/2015 (Guy, Alicia).
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Filing 271
Letter to Judge Orenstein by Trinh Eng, Yoketing Eng (Lewbel, Steven)
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ORDER re #271 Letter filed by Yoketing Eng, Trinh Eng -- The application is granted on consent. The time for the parties to submit a joint status report is extended until August 26, 2015. Ordered by Magistrate Judge James Orenstein on 8/12/2015. (Hill, Lucy)
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Filing 270
Letter to Magistrate Judge James Orenstein by Trinh Eng, Yoketing Eng (Lewbel, Steven)
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ORDER re #270 Letter filed by Yoketing Eng, Trinh Eng -- The application is granted on consent. The time for the parties to submit a joint status report is extended until August 12, 2015. Ordered by Magistrate Judge James Orenstein on 7/31/2015. (Hill, Lucy)
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Filing 269
ORDER denying Motion for Summary Judgment submitted by defendant Anna Eng for the reasons set out in the accompanying memorandum and order. Ordered by Judge Edward R. Korman on 7/29/2015. (Diaconis, Ari)
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Filing 268
ORDER denying as premature without prejudice to renew #222 Motion for Partial Summary Judgment submitted by defendants Yoketing and Trinh Eng for the reasons set out in the accompanying memorandum and order. Ordered by Judge Edward R. Korman on 7/29/2015. (Diaconis, Ari)
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Filing 267
ORDER granting in part and denying in part Motion for Summary Judgment submitted by defendants Yoketing and Trinh Eng for the reasons set out in the accompanying memorandum and order. Ordered by Judge Edward R. Korman on 7/29/2015. (Diaconis, Ari)
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Filing 266
ORDER denying as premature without prejudice to renew Motion for Summary Judgment submitted by the Bank defendants for the reasons set out in the accompanying memorandum and order. Ordered by Judge Edward R. Korman on 7/29/2015. (Diaconis, Ari)
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Filing 265
ORDER denying without prejudice to renew Motion for Summary Judgment submitted by Christina Eviner for the reasons set out in the accompanying memorandum and order. Ordered by Judge Edward R. Korman on 7/29/2015. (Diaconis, Ari)
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ORDER re #264 Letter filed by Yoketing Eng, Trinh Eng -- The application is granted on consent. The time to file the joint status report is extended until July 29, 2015. Ordered by Magistrate Judge James Orenstein on 7/27/2015. (Hill, Lucy)
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ORDER re #264 Letter filed by Yoketing Eng, Trinh Eng -- Any party may object to the proposed extension by July 24, 2015; failure to object will be deemed consent. Ordered by Magistrate Judge James Orenstein on 7/23/2015. (Hill, Lucy)
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Filing 264
Letter to Magistrate Judge Orenstein by Trinh Eng, Yoketing Eng (Lewbel, Steven)
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Filing 263
ORDER rejecting defendants Yoketing and Trinh Eng's Rule 72(a) Objections for the reasons set forth in the attached memorandum and order. Ordered by Judge Edward R. Korman on 7/20/2015. (Diaconis, Ari)
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ORDER re #262 Letter filed by Yoketing Eng, Trinh Eng -- The application is granted on consent. The time for the parties to submit a joint status report is extended until July 22, 2015. Ordered by Magistrate Judge James Orenstein on 7/13/2015. (Hill, Lucy)
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Filing 262
Letter to Magistrate Judge Orenstein by Trinh Eng, Yoketing Eng (Lewbel, Steven)
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ORDER re #262 Letter filed by Yoketing Eng, Trinh Eng -- Any party may object to the proposed extension by July 10, 2015; failure to object will be deemed consent. Ordered by Magistrate Judge James Orenstein on 7/8/2015. (Hill, Lucy)
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ORDER re #261 Letter filed by Yoketing Eng, Trinh Eng -- The application is granted. The time for the parties to submit a joint status report is extended until July 8, 2015. Ordered by Magistrate Judge James Orenstein on 6/18/2015. (Hill, Lucy)
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Filing 261
Letter to Magistrate Judge Orenstein by Trinh Eng, Yoketing Eng (Lewbel, Steven)
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Filing 260
Fully Briefed MOTION to Set Aside #196 Letter, #190 Pretrial Conference - Interim,,,,, Settlement Conference,,,, by Trinh Eng, Yoketing Eng. (Attachments: #1 Notice of Motion, #2 Memorandum in Support, #3 Declaration of Steven Lewbel, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Memorandum in Opposition of plaintiff, #19 Declaration of Fred Biehl, #20 Exhibit A - J, #21 Exhibit K-O, #22 Memorandum in Opposition of Anna Eng, #23 Memorandum in Opposition of Bank Defendants, #24 Memorandum in Support reply, #25 Declaration of Tring Eng) (Lewbel, Steven)
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Filing 259
Letter to Judge Korman by Trinh Eng, Yoketing Eng (Lewbel, Steven)
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Filing 258
Minute Entry for proceedings held before Magistrate Judge James Orenstein:Status Conference held on 6/3/2015. SCHEDULING: There are no further conferences scheduled before me at this time. SUMMARY: The parties will confer as to potential changes to the constructive trust and will submit a status report by June 17, 2015. To the extent that any issues remain in dispute, their submission will include a proposed schedule for submitting letter briefs on such issues. Ordered by Magistrate Judge James Orenstein on 6/3/2015. (FTR 3:00-3:35) (Wentworth-Ping, Alex)
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Filing 257
NOTICE of Appearance by Marita Skye Erbeck on behalf of Bank Of America (aty to be noticed) (Erbeck, Marita)
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Filing 256
NOTICE of Appearance by Marita Skye Erbeck on behalf of Bank of New York/Mellon (aty to be noticed) (Erbeck, Marita)
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Filing 255
NOTICE of Appearance by Marita Skye Erbeck on behalf of Citibank N.A., Citigroup Inc (aty to be noticed) (Erbeck, Marita)
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Filing 254
Letter to Judge Korman by Bank Of America, Bank of New York/Mellon, Citibank N.A. (Malone, Robert)
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Filing 253
Letter to Senior Judge Edward R. Korman by Christina Eng Eviner (Attachments: #1 Certificate of Service Certificate of Service) (Biehl, Frederick)
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Filing 252
MEMORANDUM in Opposition re #243 First MOTION for pre motion conference re Order, Order on Motion to Vacate,, filed by Anna Eng. (Dandridge, Sherilyn)
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Filing 251
MEMORANDUM in Opposition re #243 First MOTION for pre motion conference re Order, Order on Motion to Vacate,, filed by Bank of New York/Mellon, Citibank N.A.. (Attachments: #1 Certificate of Service) (Malone, Robert)
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SCHEDULING ORDER: A status conference will be held on June 3, 2015 at 3:00 p.m. Ordered by Magistrate Judge James Orenstein on 5/19/2015. (Hill, Lucy)
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Filing 250
Letter re invading constructive trust by Anna Eng (Dandridge, Sherilyn)
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Filing 249
Letter to Mag. Judge Orenstein regarding request of Eng Defendants by Bank Of America, Citibank N.A. (Malone, Robert)
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Filing 248
Letter to Mag. Judge Orenstein by Christina Eng Eviner (Biehl, Frederick)
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ORDER re #247 Letter filed by Yoketing Eng, Trinh Eng -- The other parties are directed to respond to the Eng Defendants motion by May 18, 2015. Ordered by Magistrate Judge James Orenstein on 5/14/2015. (Hill, Lucy)
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Filing 247
Letter to Magistrate Judge Orenstein with Exhibits by Trinh Eng, Yoketing Eng (Lewbel, Steven)
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Filing 246
Letter of May 7, 2015 in opposition to YT Defendants application by Anna Eng (Dandridge, Sherilyn)
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Filing 245
Letter to Judge Orenstein by Bank Of America, Citibank N.A. (Malone, Robert)
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Filing 244
Letter to Mag. Judge Orenstein by Christina Eng Eviner (Attachments: #1 Exhibit Exhibits A thru D of Letter to Mag Judge Orenstein) (Biehl, Frederick)
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Filing 243
First MOTION for pre motion conference re Order, Order on Motion to Vacate,, by Trinh Eng, Yoketing Eng. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Lewbel, Steven)
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Filing 242
Letter to District Judge Korman by Trinh Eng, Yoketing Eng (Lewbel, Steven)
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ORDER re #243 First MOTION for pre motion conference re Order, Order on Motion to Vacate,, filed by Yoketing Eng, Trinh Eng -- The other parties are directed to respond to the Eng Defendants' motion by May 7, 2015. Ordered by Magistrate Judge James Orenstein on 5/4/2015. (Hill, Lucy)
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Filing 241
Letter to Honorable James Orenstein, U.S.M.J. by Trinh Eng, Yoketing Eng (Lewbel, Steven)
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ORDER re #241 Letter filed by Yoketing Eng, Trinh Eng, Order, #240 Letter filed by Yoketing Eng, Trinh Eng -- The motion for an extension of time, see docket entry #240 , is withdrawn. Ordered by Magistrate Judge James Orenstein on 4/29/2015. (Hill, Lucy)
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Filing 240
Letter to Honorable James Orenstein, U.S.M.J. by Trinh Eng, Yoketing Eng (Lewbel, Steven)
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ORDER re #240 Letter filed by Yoketing Eng, Trinh Eng -- Defendants Citibank N.A. and Anna Eng are directed to respond by May 1, 2015. Ordered by Magistrate Judge James Orenstein on 4/28/2015. (Hill, Lucy)
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ORDER denying #191 Motion to Vacate -- Having reviewed the parties' submissions, I conclude that the Eng defendants have not established that they would suffer any cognizable harm from the imposition of a constructive trust. They have not adequately supported, with credible evidence, their claimed property-related expenses, nor have they credibly explained how they sustain their claimed personal expenses with the income and assets they have disclosed. Moreover, the imposition of the constructive trust leaves the Eng defendants are free to seek the release of funds, on a showing of good cause, to cover unforeseen expenses. Ordered by Magistrate Judge James Orenstein on 4/21/2015. (Hill, Lucy)
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ORDER re #196 Letter filed by Citigroup Inc -- The proposed order directing imposition of constructive trust is so ordered. Ordered by Magistrate Judge James Orenstein on 4/21/2015. (Hill, Lucy)
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Filing 239
TRANSCRIPT of Proceedings held on 10/1/14, before Judge Orenstein. Court Reporter/Transcriber Transcriptions Plus II, Inc.. Email address: laferrara44@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.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 4/21/2015. Redacted Transcript Deadline set for 5/1/2015. Release of Transcript Restriction set for 6/29/2015. (Hong, Loan)
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Filing 238
Letter to Judge Korman by Bank of New York/Mellon, Citibank N.A. (Morgan, Brian)
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Filing 237
Letter to Hon. Senior Judge Edward R. Korman by Christina Eng Eviner (Attachments: #1 Rule 56.1 Statement Plaintiff's Counterstatement in Opp to YT Defendants' Motion to Preclude, #2 Rule 56.1 Statement Plaintiff's Counterstatement in Opp to YT Defendants' Motion for Partial SJ, #3 Rule 56.1 Statement Plaintiff's Counterstatement in Opp to Deft Anna Eng's Motion for SJ, #4 Memorandum in Opposition Plaintiff's Memorandum of Law in Opp to YT Defendants' Motion to Preclude Plaintiff's Expert from Testifying, #5 Memorandum in Opposition Memorandum of Law in Opp to YT Defendants Motion for Partial SJ) (Biehl, Frederick)
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Filing 236
Letter to Hon. Senior Judge Edward R. Korman by Christina Eng Eviner (Attachments: #1 Certificate of Service Certificate of Service) (Biehl, Frederick)
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Filing 235
Letter pursuant to the Hon. Sr. Judge Korman's 3-11-2015 Order for Clarification of Def. Anna Eng's motion submission by Anna Eng (Dandridge, Sherilyn)
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Filing 234
Letter in response to the Court's 3/11/15 Order by Trinh Eng, Yoketing Eng (Attachments: #1 Memorandum in Opposition Plaintiff's Memo of Law in opposition to the preclusion motion containing the counter statement of material facts, #2 Memorandum in Opposition Plaintiff's Memo of Law in opposition to summary judgment, containing counter statement of material facts) (Lewbel, Steven)
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Filing 233
ORDER *** Counsel are directed to provide courtesy copies, and ensure proper ECF filing, of the relevant documents listed in the attachment (including clarification of the 3/5/2015 filing) of the pending motions, no later than 3/13/2015. Ordered by Judge Edward R. Korman on 3/11/2015. (Susi, PaulaMarie)
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Filing 232
Letter to Judge Korman by Bank of New York/Mellon, Citibank N.A. (Malone, Robert)
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Filing 231
Letter to Hon. Senior Judge Edward R. Korman by Christina Eng Eviner (Biehl, Frederick)
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Filing 230
Letter Cover letter Re Hon. Sr. Judge Korman's Individual Motion Practice Rule C by Anna Eng (Dandridge, Sherilyn)
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Filing 229
Letter to Judge Korman regarding summary judgment motion practice by Trinh Eng, Yoketing Eng (Lewbel, Steven)
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Filing 228
Letter to Judge Korman regarding preclusion motion practice by Trinh Eng, Yoketing Eng (Lewbel, Steven)
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Filing 227
RESPONSE in Opposition re #223 MOTION for Summary Judgment Declaration by Frederick Biehl, filed by Anna Eng. (Attachments: #1 Exhibit Ex. 1, 2, #2 Exhibit Ex. 3, 4, #3 Exhibit Ex. 5, 6, 7, #4 Exhibit Ex. 8 - 14, #5 Exhibit Ex. 15, 16, 17, #6 Exhibit Ex. 18, 19, #7 Exhibit Ex. 20 - 25, #8 Exhibit Ex. 26 - 29, #9 Exhibit Ex. 30, 31, #10 Exhibit Ex. 32, 33, #11 Memorandum in Opposition, #12 Rule 56.1 Statement) (Dandridge, Sherilyn)
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Filing 226
RESPONSE in Opposition re #223 MOTION for Summary Judgment Declaration of Steven Lewbel filed by Trinh Eng. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Rule 56.1 Statement, #8 Memorandum in Opposition) (Dandridge, Sherilyn)
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Filing 225
REPLY in Support of Summary Judgement Motion re Yoketing/Trinh defendants opposition, filed by Anna Eng. (Attachments: #1 Declaration, #2 Memorandum in Support, #3 Certificate of Service) (Dandridge, Sherilyn)
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Filing 224
REPLY in Support of Summary Judgment Motion, re plaintiff's opposition filed by Anna Eng. (Attachments: #1 Declaration, #2 Memorandum in Support, #3 Certificate of Service) (Dandridge, Sherilyn)
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Filing 223
MOTION for Summary Judgment by Anna Eng. (Attachments: #1 Declaration, #2 Memorandum in Support, #3 Certificate of Service, #4 Affidavit) (Dandridge, Sherilyn)
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Filing 222
Fully Briefed MOTION for Partial Summary Judgment and preclusion of plaintiff's experts by Trinh Eng, Yoketing Eng. (Attachments: #1 Memorandum in Support, #2 Rule 56.1 Statement, #3 Declaration of Steven Lewbel, #4 Exh. A, #5 Exh. B, #6 Exh. C, #7 Exh. D, #8 Exh. E, #9 Exh. F, #10 Exh. G, #11 Exh. H, #12 Exh. I, #13 Exh. J, #14 Exh. K, #15 Exh. L, #16 Exh. M, #17 Exh. N, #18 Exh. O, #19 plaintiff's memo of law in opposition, #20 plaintiff's response to statement of facts, #21 plaintiff's declaration in opposition, #22 Exh. 1 & 2, #23 Exh. 3 & 4, #24 Exh. 4-7, #25 Exh. 8-14, #26 Exh. 15-17, #27 Exh. 18-19, #28 Exh. 20-25, #29 Exh. 26-29, #30 Exh. 30, 31, #31 Exh. 32, 33, #32 reply memo of law, #33 responsive statement of facts) (Lewbel, Steven)
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Filing 221
REPLY in Support re #218 Fully Briefed MOTION for Summary Judgment filed by Trinh Eng, Yoketing Eng. (Attachments: #1 reply memo of law regarding bank defendants' arguments, #2 Rule 56.1 Statement) (Lewbel, Steven)
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Filing 220
RESPONSE in Opposition re #218 Fully Briefed MOTION for Summary Judgment by plaintiff Christina Eng Eviner filed by Trinh Eng, Yoketing Eng. (Attachments: #1 Exhibit 1&2, #2 Exhibit 3 &4, #3 Exhibit 5-7, #4 Exhibit 8-14, #5 Exhibit 15-17, #6 Exhibit 18 & 19, #7 Exhibit 20-25, #8 Exhibit 26-29, #9 Exhibit 30, 31, #10 Exhibit 32, 33, #11 Memorandum in Opposition by plaintiff, #12 Rule 56.1 Statement plaintiff's response to rule 56.1) (Lewbel, Steven)
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Filing 219
REPLY in Opposition re #218 Fully Briefed MOTION for Summary Judgment filed by Bank of New York/Mellon, Citibank N.A.. (Attachments: #1 Rule 56.1 Statement in response, #2 Affidavit of Service) (Lewbel, Steven)
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Filing 218
Fully Briefed MOTION for Summary Judgment by Trinh Eng, Yoketing Eng. (Attachments: #1 Rule 56.1 Statement Statement of Material Facts, #2 Declaration of Steven I. Lewbel, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N, #17 Exhibit O, #18 Exhibit P, #19 Exhibit Q, #20 Exhibit R, #21 Exhibit S, #22 Exhibit T, #23 Exhibit U, #24 Exhibit V) (Lewbel, Steven)
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Filing 217
REPLY in Support re #214 Fully Briefed MOTION for Summary Judgment Reply in Support Bank of New York/Mellon, Citibank N.A. filed by Bank of New York/Mellon, Citibank N.A.. (Attachments: #1 Response to the Eng Defendants' Local Civil Rule 56.1 Counterstatement of Material Facts, #2 Certification of Service) (Malone, Robert)
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Filing 216
MEMORANDUM in Opposition re #214 Fully Briefed MOTION for Summary Judgment Memorandum in Opposition by Anna Eng filed by Anna Eng. (Attachments: #1 Declaration of Sherilyn Dandridge in Support of Motion for Summary Judgment in Favor of Anna Eng, #2 Declaration of Anna Eng, #3 Certification of Service) (Malone, Robert)
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Filing 215
MEMORANDUM in Opposition re #214 Fully Briefed MOTION for Summary Judgment Memorandum of Opposition filed by Trinh Eng, Yoketing Eng. (Attachments: #1 Responses of Defendants Yoketing Eng and Trinh Eng to the Statement of Undisputed Facts Pursuant to Local Civil Rule 56.1 of Defendants Citibank, NA and the Bank of New York Mellon, #2 Local Civil Rule 56.1 Counterstatement of Material Facts of Defendants Yoketing Eng and Trinh Eng in Opposition to the Motion for Summary Judgment of Defendants Citibank, N.A. and the Bank of New York Mellon, #3 Supplemental Declaration of Steven I. Lewbel, Esq., #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7) (Malone, Robert)
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Filing 214
Fully Briefed MOTION for Summary Judgment by Bank of New York/Mellon, Citibank N.A.. (Attachments: #1 Memorandum of Law in Support of Citibank, NA and the Bank of New York Mellon's Motion for Summary Judgment, #2 Statement of Undisputed Material Facts Pursuant to Local Civil Rule 56.1, #3 Certification of Robert K. Malone Pursuant to 28 U.S.C. 1746, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Certification of Joan Haslam Pursuant to 28 U.S.C. 1746) (Malone, Robert)
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Filing 213
REPLY in Support filed by Christina Eng Eviner. (Attachments: #1 Rule 56.1 Statement Response to Rule 56.1 Counterstatement, #2 Declaration Eviner Declaration, #3 Certificate of Service Certificate of Service) (Biehl, Frederick)
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Filing 212
RESPONSE to Motion re #211 MOTION for Partial Summary Judgment filed by Yoketing Eng. (Attachments: #1 Declaration Supp Dec of Lewbel, #2 Exhibit Ex 1 to Lewbel Dec, #3 Exhibit Ex 2 to Lewbel Dec, #4 Exhibit Ex 3 Part 1 to Lewbel Dec, #5 Exhibit Ex 3 Part Part 2 to Lewbel Dec, #6 Exhibit Ex 4 to Lewbel Dec, #7 Exhibit Ex 5 to Lewbel Dec, #8 Exhibit Ex 6 to Lewbel Dec, #9 Rule 56.1 Statement Response to Rule 56.1, #10 Rule 56.1 Statement Rule 56.1 Counterstatement) (Biehl, Frederick)
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Filing 211
MOTION for Partial Summary Judgment by Christina Eng Eviner. (Attachments: #1 Notice of Motion, #2 Declaration Biehl Declaration, #3 Exhibit Exhibit 1 & 2 to Biehl Dec, #4 Exhibit Exhibit 3 & 4 to Biehl Dec, #5 Exhibit Exhibits 5 thru 7 to Biehl Dec, #6 Exhibit Exhibits 8 thru 14 to Biehl Dec, #7 Exhibit Exhibits 15 thru 17 to Biehl Dec, #8 Exhibit Exhibit 18 to Biehl Dec, #9 Rule 56.1 Statement Plaintiff's Rule 56.1, #10 Memorandum in Support Memorandum in Support) (Biehl, Frederick)
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Filing 210
Letter to Hon. Senior Judge Edward R. Korman by Christina Eng Eviner (Biehl, Frederick)
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ORDER *** Counsel are directed to serve courtesy copies on chambers no later than 3/6/2015. The parties are also to ensure all filings are properly indicated on the docket sheet. Ordered by Judge Edward R. Korman on 2/25/2015. (Susi, PaulaMarie)
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Filing 209
Letter to Judge Korman by Bank of New York/Mellon, Citibank N.A. (Malone, Robert)
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Filing 208
Letter to Judge Korman by Trinh Eng, Yoketing Eng (Lewbel, Steven)
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Filing 207
Letter of 2-24-2015 to Hon. Sr. Judge Edward K. Korman, USMJ by Anna Eng (Dandridge, Sherilyn)
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Filing 206
Letter to Judge Korman by Trinh Eng, Yoketing Eng (Lewbel, Steven)
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Filing 205
Letter to Hon. Sr. Judge Edward K. Korman by Christina Eng Eviner (Biehl, Frederick)
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Filing 204
Letter to Hon. Senior Judge E. R. Korman by Anna Eng (Dandridge, Sherilyn)
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Filing 203
Letter to Judge Korman by Bank of New York/Mellon, Citibank N.A. (Malone, Robert)
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Filing 202
Letter to Judge Korman regarding Motion for Summary Judgment by Bank of New York/Mellon, Citibank N.A. (Malone, Robert)
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Filing 201
Letter to Hon. Senior Judge E. R. Korman by Anna Eng (Dandridge, Sherilyn)
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Filing 200
Letter to Senior Judge Korman regarding motion for preclusion/summary judgment by Trinh Eng, Yoketing Eng (Lewbel, Steven)
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Filing 199
Letter to Senior Judge Edward R. Korman by Christina Eng Eviner (Biehl, Frederick)
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Filing 198
Letter to Senior Judge Korman regarding summary judgment motion by Trinh Eng, Yoketing Eng (Lewbel, Steven)
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Motions terminated, docketed incorrectly: #197 First MOTION to Amend/Correct/Supplement #196 Letter filed by Yoketing Eng, Trinh Eng. Docket Entry #197 is not a motion but a response to a motion previously filed. No corrective action is necessary and there is no need to refile the document. (Guy, Alicia)
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Filing 197
First MOTION to Amend/Correct/Supplement #196 Letter by Trinh Eng, Yoketing Eng. (Lewbel, Steven)
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Filing 196
Letter from Robert K. Malone to Honorable James Orenstein by Citigroup Inc (Attachments: #1 Proposed Order Order Directing Imposition of Constructive Trust as to Defendants Yoketing Eng A/K/A Barry Eng and Trinh Eng) (Malone, Robert)
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ORDER re #195 Letter filed by Christina Eng Eviner -- The proposed schedule change is so ordered. The dispositive motion process shall start on December 5, 2014. Ordered by Magistrate Judge James Orenstein on 10/17/2014. (Hill, Lucy)
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Filing 195
Letter to Mag. Judge Orenstein by Christina Eng Eviner (Biehl, Frederick)
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Filing 194
RESPONSE in Opposition re #191 First MOTION to Vacate or Modify Order to Impose Constructive Trust filed by Anna Eng. (Dandridge, Sherilyn)
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Filing 193
RESPONSE in Opposition re #191 First MOTION to Vacate or Modify Order to Impose Constructive Trust filed by Citibank N.A.. (Morgan, Brian)
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Filing 192
RESPONSE to Motion re #191 First MOTION to Vacate or Modify Order to Impose Constructive Trust filed by All Plaintiffs. (Biehl, Frederick)
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Filing 191
First MOTION to Vacate or Modify Order to Impose Constructive Trust by Trinh Eng. (Attachments: #1 Declaration of Trinh Eng) (Lewbel, Steven)
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ORDER re #191 First MOTION to Vacate or Modify Order to Impose Constructive Trust filed by Trinh Eng -- The parties in support of the constructive trust shall respond to the Eng Defendants' motion by October 9, 2014. Ordered by Magistrate Judge James Orenstein on 10/6/2014. (Hill, Lucy)
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Filing 190
Minute Entry for proceedings held before Magistrate Judge James Orenstein:Interim Pretrial Conference held on 10/1/2014, Settlement Conference held on 10/1/2014. (1) Discovery is closed and there are no outstanding discovery disputes. (2) The parties will confer and promptly submit a proposed schedule for briefing motions for summary judgment. (3) I denied the plaintiff's motion for attachment but granted the request for the alternate relief of a constructive trust. The movants shall promptly submit a proposed order. In opposing such relief, counsel for defendants Yoketing and and Trinh Eng was unable to provide any factual basis to conclude that the imposition of a constructive trust would cause those defendants to suffer any cognizable harm. To the extent the defendants wish to present such evidence, I will consider modifying or vacating the order. (4) The parties discussed settlement but did not reach an agreement. The parties will continue to confer, and will contact chambers to arrange a further settlement conference if they agree it would be useful. (Orenstein, James)
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ORDER denying #183 Motion for Writ; granting #185 Motion for Joinder -- as set forth on the record, I denied the request for a writ of attachment but granted the alternate relief requested in the motion for joinder; namely, a constructive trust. See docket entry #190 . The movants shall promptly submit a proposed order. Ordered by Magistrate Judge James Orenstein on 10/1/2014. (Orenstein, James)
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Filing 189
Letter regarding 10/1/14 conference by Trinh Eng, Yoketing Eng (Attachments: #1 Declaration) (Lewbel, Steven)
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SCHEDULING ORDER: The conference scheduled for September 11, 2014, at 3:00 p.m. is cancelled. I will address the motion for writ of attachment at the pretrial conference scheduled for October 1, 2014, at 10:30 a.m. Ordered by Magistrate Judge James Orenstein on 8/26/2014. (Mattus, Carolyn)
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ORDER finding as moot #188 Motion to Appear by Telephone -- See Scheduling Order dated August 26, 2014. Ordered by Magistrate Judge James Orenstein on 8/26/2014. (Mattus, Carolyn)
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Filing 188
First Motion to Appear by Telephone by Anna Eng. (Dandridge, Sherilyn)
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SCHEDULING ORDER: A conference is scheduled for September 11, 2014, at 3:00 p.m. in Courtroom 11D South. Ordered by Magistrate Judge James Orenstein on 8/22/2014. (Mattus, Carolyn)
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Filing 187
REPLY in Opposition re #183 First MOTION for Writ of Attachment, #185 MOTION for Joinder to Plaintiff's Motion for Writ of Attachment filed by Trinh Eng, Yoketing Eng. (Lewbel, Steven)
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Filing 186
RESPONSE to Motion re #183 First MOTION for Writ of Attachment, #185 MOTION for Joinder to Plaintiff's Motion for Writ of Attachment Def. Anna Eng joins in application for Writ of Attachment, and alternatively in application for a Constructive Trust. filed by Anna Eng. (Dandridge, Sherilyn)
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Filing 185
MOTION for Joinder to Plaintiff's Motion for Writ of Attachment by Citibank N.A.. (Malone, Robert)
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Filing 184
MEMORANDUM in Opposition re #183 First MOTION for Writ of Attachment filed by Trinh Eng, Yoketing Eng. (Attachments: #1 Exhibit A-E, #2 Exhibit F-K) (Lewbel, Steven)
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ORDER re #183 First MOTION for Writ of Attachment filed by Christina Eng Eviner -- Defendants Yoketing Eng and Trinh Eng shall respond by August 13, 2014. Ordered by Magistrate Judge James Orenstein on 8/11/2014. (Pollock, David)
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Filing 183
First MOTION for Writ of Attachment by Christina Eng Eviner. (Attachments: #1 Exhibit Exhibits A thru F of Writ of Attachment, #2 Exhibit Exhibits G thru K of Writ of Attachment) (Biehl, Frederick)
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Filing 182
Letter dated 4/17/2014 to the Clerk of Court from William F. Saldutti, III, Esq. requesting to be removed from the docket as counsel for Bank of America, N.A. as a substitution of counsel has been filed. (Lee, Tiffeny)
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Filing 181
SCHEDULING ORDER: Fact discovery to be completed by: June 30, 2014. Affirmative expert reports served by: July 31, 2014. All discovery, including all expert disclosures under Rule 26(a)(2), if any, to be completed by: September 15, 2014. Pretrial Conference (ex parte statements of settlement position due via email two business days in advance): October 1, 2014, at 10:30 a.m. Dispositive motion process started by: October 29, 2014. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 4/16/2014. (Orenstein, James)
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Filing 180
Minute Entry for proceedings held before Magistrate Judge James Orenstein:Status Conference held on 4/16/2014. SCHEDULING: The next pretrial conference will be held on October 1, 2014, at 10:30 a.m. SUMMARY: As set forth on the record, I resolved certain discovery disputes by requiring defendant Trinh Eng to continue her deposition testimony and by permitting the plaintiff to subpoena certain financial information. I will enter a separate case management and scheduling order that reflects, with minor modifications, the deadlines set forth in the parties' joint discovery plan. (Orenstein, James)
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Filing 179
NOTICE of Appearance by Robert K. Malone on behalf of Bank Of America (aty to be noticed) (Malone, Robert)
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Filing 178
NOTICE of Appearance by Robert K. Malone on behalf of Bank of New York/Mellon (aty to be noticed) (Malone, Robert)
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Filing 177
NOTICE of Appearance by Robert K. Malone on behalf of Citibank N.A., Citigroup Inc (aty to be noticed) (Malone, Robert)
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Filing 176
NOTICE of Consent to Change Attorney by Robert K. Malone (Malone, Robert)
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Filing 175
Letter to Mag. Judge Orenstein by Christina Eng Eviner (Biehl, Frederick)
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ORDER granting #174 Motion to Adjourn Conference -- The request is granted. The status conference scheduled for March 28, 2014, at 11:00 a.m. is rescheduled for April 16, 2014, at 2:00 p.m. Ordered by Magistrate Judge James Orenstein on 3/18/2014. (Mattus, Carolyn)
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Filing 174
First MOTION to Adjourn Conference by Trinh Eng, Yoketing Eng. (Lewbel, Steven)
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Filing 173
ANSWER to #94 Answer to Amended Complaint, Crossclaim of Citibank, by Trinh Eng, Yoketing Eng. (Lewbel, Steven) (Lee, Tiffeny - re-docketed to correct filer's error) (Entered: 04/24/2014)
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Filing 172
ANSWER to #92 Answer to Amended Complaint, Crossclaim of Bank of New York, by Trinh Eng, Yoketing Eng. (Lewbel, Steven) (Lee, Tiffeny - re-docketed on 4/24/2014 to correct filer's error) (Entered: 04/24/2014)
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Filing 171
NOTICE of Appearance by Steven I. Lewbel on behalf of Trinh Eng, Yoketing Eng (notification declined or already on case) (Lewbel, Steven)
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Filing 170
Minute Entry for proceedings held before Magistrate Judge James Orenstein:Status Conference held on 1/28/2014. SCHEDULING: The next status conference will be held on March 28, 2014, at 11:00 a.m. SUMMARY: (1) Bank of America did not appear through counsel as required, but Mr. Malone anticipates filing a notice of appearance on its behalf soon, and will also promptly file notices of appearance on behalf of the other bank defendants. (2) Any party that has been named as the defendant in a cross-claim must file an answer to that cross-claim by February 11, 2014. (3) The bank defendants may file a motion to amend the complaint, or an amended complaint on consent, no later than February 28, 2014. (4) The parties shall meet and confer and submit, no later than March 26, 2014, a jointly proposed schedule for completing all remaining discovery and any other pretrial matters. I further direct the parties in their conferences to discuss the possibility of settlement, exchange demands and offers, and contact chambers to schedule a settlement conference as soon as they agree that it would be useful to do so. (Orenstein, James)
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Filing 169
NOTICE of Appearance by Sherilyn R. Dandridge on behalf of Anna Eng (aty to be noticed) (Dandridge, Sherilyn)
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ORDER re #168 Letter filed by Christina Eng Eviner -- The application is granted; the status conference previously scheduled for January 7, 2014, at 11:30 a.m. is rescheduled to January 28, 2014, at 9:30 a.m. Ordered by Magistrate Judge James Orenstein on 12/31/2013. (Pollock, David)
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Filing 168
Letter to Mag. Orenstein by Christina Eng Eviner (Biehl, Frederick)
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Filing 167
NOTICE of Appearance by Frederick C. Biehl, III on behalf of Christina Eng Eviner (notification declined or already on case) (Biehl, Frederick)
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Filing 166
ORDER granting #165 Motion for Leave to Appear Pro Hac Vice -- Attorney Frederick C. Biehl, III, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By January 2, 2014, Mr. Biehl shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Biehl shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Biehl shall also ensure that the $25 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 12/26/2013. (Mattus, Carolyn)
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Filing 165
First MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-6632841. by Christina Eng Eviner. (Podolsky, Steven)
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Email Notification Test - DO NOT REPLY (Fernandez, Erica)
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ORDER denying #164 Motion to Adjourn Conference --- The application is without prejudice to renewal after soliciting the defendant's consent pursuant to individual rule II.A.1. Ordered by Magistrate Judge James Orenstein on 12/23/2013. (Guy, Alicia)
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Filing 164
First MOTION to Adjourn Conference by Christina Eng Eviner. (Podolsky, Steven)
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Filing 163
Letter to Magistrate Orenstein by Trinh Eng, Yoketing Eng (Lewbel, Steven)
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SCHEDULING ORDER: re #163 Letter filed by Yoketing Eng, Trinh Eng -- There will be a status conference on January 7, 2014, at 11:30 a.m. in Courtroom 11D South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. Any counsel not admitted to practice in the Eastern District of New York is respectfully directed to apply for admission pro hac vice if he or she wishes to continue as counsel of record in this case. See Loc. Civ. R. 1.3(c). Ordered by Magistrate Judge James Orenstein on 12/19/2013. (Pollock, David)
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Filing 162
NOTICE of Appearance by Steven V. Podolsky on behalf of Christina Eng Eviner (aty to be noticed) (Podolsky, Steven)
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Filing 161
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the 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. The form may also be accessed at the following link:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla)
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Filing 160
Case transferred in from District of New Jersey; Case Number 2:12-cv-02245. Original file certified copy of transfer order and docket sheet received.
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Magistrate Judge James Orenstein added. Magistrate Judge Roanne L. Mann no longer assigned to case. (Gapinski, Michele)
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The case of Eviner v. Yoketing Eng et al, has been transferred from District of New Jersey to the Eastern District of New York. The new case number is 13cv6940. PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (Bowens, Priscilla)
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Filing 159
ORDER granting in part and denying in part #91 Motion to Dismiss; pursuant to 28 U.S.C. 1406(a), that this action is hereby TRANSFERRED to the Eastern District of New York. Signed by Judge Kevin McNulty on 12/6/13. (jd, ) [Transferred from New Jersey on 12/9/2013.]
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Filing 158
MEMORANDUM OPINION. Signed by Judge Kevin McNulty on 12/6/13. (jd, ) [Transferred from New Jersey on 12/9/2013.]
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Filing 157
ORDER, Fact Discovery due by 12/31/2013. Settlement Conference set for 12/11/2013 02:00 PM before Magistrate Judge Madeline C. Arleo. Signed by Magistrate Judge Madeline C. Arleo on 10/30/13. (jd, ) [Transferred from New Jersey on 12/9/2013.]
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Filing 156
ORDER denying as moot w/out prejudice #151 Motion for Discovery, etc. Signed by Magistrate Judge Madeline C. Arleo on 10/28/13. (jd, ) [Transferred from New Jersey on 12/9/2013.]
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Minute Entry for proceedings held before Magistrate Judge Madeline C. Arleo: Motion Hearing held on the record on 10/28/2013 re #151 First MOTION for Discovery filed by CHRISTINA ENG EVINER. (Court Reporter/Recorder ECR.) (aa, ) [Transferred from New Jersey on 12/9/2013.]
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Filing 155
BRIEF in Support filed by CHRISTINA ENG EVINER re #151 First MOTION for Discovery (Attachments: #1 Brief Reply Letter Brief, #2 Statement Plaintiff's Response to Eng Defendants' Counterstatement, #3 Declaration Attorney Supplemental Declaration, #4 Certificate of Service Certificate of Service)(BIEHL, FREDERICK) [Transferred from New Jersey on 12/9/2013.]
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Filing 154
STATEMENT of Material Facts in Opposition filed by TRINH ENG, YOKETING ENG re #151 First MOTION for Discovery response to plaintiff's statement of facts (LEWBEL, STEVEN) [Transferred from New Jersey on 12/9/2013.]
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Filing 153
MEMORANDUM in Opposition filed by TRINH ENG, YOKETING ENG re #151 First MOTION for Discovery also in support of cross-motion for a protective order (LEWBEL, STEVEN) [Transferred from New Jersey on 12/9/2013.]
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Filing 152
CERTIFICATION in Opposition filed by TRINH ENG, YOKETING ENG re #151 First MOTION for Discovery (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C-L, #4 Text of Proposed Order, #5 Cover letter)(LEWBEL, STEVEN) [Transferred from New Jersey on 12/9/2013.]
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Set Deadlines as to #151 First MOTION for Discovery . Motion set for 10/28/2013 before Magistrate Judge Madeline C. Arleo. (jd, ) [Transferred from New Jersey on 12/9/2013.]
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Filing 151
First MOTION for Discovery by CHRISTINA ENG EVINER. (Attachments: #1 Brief Brief, #2 Declaration Counsel Declaration, #3 Exhibit Exhibits 1 and 2 to Biehl Dec., #4 Exhibit Exhibits 3 and 4 to Biehl Dec., #5 Exhibit Exhibits 5 and 6 to Biehl Dec., #6 Exhibit Exhibits 7 thru 11 to Biehl Dec., #7 Exhibit Exhibits 12 thru 14 to Biehl Dec., #8 Certificate of Service Cert. of Service)(BIEHL, FREDERICK) [Transferred from New Jersey on 12/9/2013.]
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Filing 150
TEXT ORDER correcting the time of the Oral argument on plaintiff's motion to compel tax returns, scheduled for October 28, 2013 at 3:00 p.m. Ordered by Magistrate Judge Madeline C. Arleo on 9/9/13. (aa, ) [Transferred from New Jersey on 12/9/2013.]
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Filing 149
TEXT ORDER resetting the Oral argument on plaintiff's motion to compel tax returns is scheduled for October 28, 2013 at 11:30 a.m.. Ordered by Magistrate Judge Madeline C. Arleo on 9/9/13. (aa, ) [Transferred from New Jersey on 12/9/2013.]
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Filing 148
Letter from Steven I. Lewbel, Esq.. (LEWBEL, STEVEN) [Transferred from New Jersey on 12/9/2013.]
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Minute Entry for proceedings held before Magistrate Judge Madeline C. Arleo: Telephone Conference held on 8/29/2013. (aa, ) [Transferred from New Jersey on 12/9/2013.]
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Filing 147
ORDER that the parties can notice and take any depositions through December 2013. Oral argument on plaintiff's motion to compel tax returns is scheduled for Tuesday, October 29, 2013 at 11:30 a.m. Plaintiff shall file her Brief by September 20, 2013; opposition by October 7, 2013; reply by October 16, 2013.. Signed by Magistrate Judge Madeline C. Arleo on 8/29/13. (jd, ) [Transferred from New Jersey on 12/9/2013.]
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Filing 146
Letter from Steven Lewbel re #145 Letter. (LEWBEL, STEVEN) [Transferred from New Jersey on 12/9/2013.]
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Filing 145
Letter. (BIEHL, FREDERICK) [Transferred from New Jersey on 12/9/2013.]
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Filing 144
ANSWER to Amended Complaint dated September 7, 2012 by TRINH ENG, YOKETING ENG.(LEWBEL, STEVEN) [Transferred from New Jersey on 12/9/2013.]
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Filing 143
ORDER that the stay is lifted with respect to party depositions, etc.; Defts shall file Answers by 7/1/13; a telephone conference is scheduled for 8/29/13 at 4:00 p.m. Signed by Magistrate Judge Madeline C. Arleo on 6/10/13. (jd, ) [Transferred from New Jersey on 12/9/2013.]
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Minute Entry for proceedings held before Magistrate Judge Madeline C. Arleo: Telephone Conference held on 6/4/2013. (aa, ) [Transferred from New Jersey on 12/9/2013.]
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Filing 142
TEXT ORDER. The 5/29/13 telephone conference is rescheduled for Tuesday, 6/4/13 at 3:00 p.m. ORDERED by Magistrate Judge Madeline C. Arleo on 5/30/13. (Miller, S) [Transferred from New Jersey on 12/9/2013.]
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Filing 141
TEXT ORDER. A telephone status conference is scheduled for May 29, 2013 at 4:00 pm. Mr. Biehl shall initiate. ORDERED BY Magistrate Judge Madeline C. Arleo on March 25, 2013. (Arleo, Madeline) [Transferred from New Jersey on 12/9/2013.]
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Filing 140
Stipulation and PROTECTIVE ORDER regarding Designation, Protection and Nondisclosure of Confidential and Proprietary Information. Signed by Magistrate Judge Madeline C. Arleo on 3/20/13. (jd, ) [Transferred from New Jersey on 12/9/2013.]
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Minute Entry for proceedings held before Magistrate Judge Madeline C. Arleo: In Chambers Conference held on 3/18/2013. (mw, ) [Transferred from New Jersey on 12/9/2013.]
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Filing 139
ORDER that the Stay is lifted with respect to written discovery, etc. Signed by Magistrate Judge Madeline C. Arleo on 3/18/13. (jd, ) [Transferred from New Jersey on 12/9/2013.]
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Filing 138
Letter from Frederick C. Biehl, III, Esq.. (BIEHL, FREDERICK) [Transferred from New Jersey on 12/9/2013.]
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Filing 137
Letter from Steven I. Lewbel re #134 Order, Set Deadlines/Hearings. (LEWBEL, STEVEN) [Transferred from New Jersey on 12/9/2013.]
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Filing 136
Letter from William F. Saldutti, III, Esq. re #134 Order, Set Deadlines/Hearings. (SALDUTTI, WILLIAM) [Transferred from New Jersey on 12/9/2013.]
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Filing 135
Letter from Counsel for Anna Eng to J. Arleo re 3/18/13 conference re #134 Order, Set Deadlines/Hearings. (Attachments: #1 Certificate of Service of 3/8/13 letter to Judge Arleo)(BERMAN, MARC) [Transferred from New Jersey on 12/9/2013.]
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Filing 134
Letter ORDER, In Person Conference set for 3/18/2013 11:00 AM before Magistrate Judge Madeline C. Arleo. Signed by Magistrate Judge Madeline C. Arleo on 2/25/13. (jd, ) [Transferred from New Jersey on 12/9/2013.]
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Filing 133
Letter from Marc S. Berman Esq. re #130 Letter. (BERMAN, MARC) [Transferred from New Jersey on 12/9/2013.]
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Filing 132
Letter from Steven I. Lewbel, Esq.. (LEWBEL, STEVEN) [Transferred from New Jersey on 12/9/2013.]
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Filing 131
Letter from Marc S. Berman, counsel for Anna Eng, objecting to form of protective order re #130 Letter. (BERMAN, MARC) [Transferred from New Jersey on 12/9/2013.]
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Filing 130
Letter from Frederick C. Biehl, III, Esq.. (Attachments: #1 Pretrial Scheduling Order)(BIEHL, FREDERICK) [Transferred from New Jersey on 12/9/2013.]
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Filing 129
Letter from Frederick C. Biehl, III, Esq.. (Attachments: #1 Protective Order)(BIEHL, FREDERICK) [Transferred from New Jersey on 12/9/2013.]
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Filing 128
Substitution of Attorney - Attorney JAMES HENRY FORTE terminated. Attorney FRANK F. VELOCCI for The Bank of New York Mellon, incorrectly identified as The Bank of New York/Mellon added.. (FORTE, JAMES) [Transferred from New Jersey on 12/9/2013.]
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Filing 127
ORDER of Voluntary Dismissal as to Computershare, Inc.. Signed by Judge Kevin McNulty on 1/2/13. (jd, ) [Transferred from New Jersey on 12/9/2013.]
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Filing 126
STIPULATION of Dismissal as to Computershare, Inc. Only by CHRISTINA ENG EVINER. (BIEHL, FREDERICK) [Transferred from New Jersey on 12/9/2013.]
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Case REASSIGNED to Magistrate Judge Madeline C. Arleo. Magistrate Judge Joseph A. Dickson no longer assigned to the case. (mw) [Transferred from New Jersey on 12/9/2013.]
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Filing 125
ORDER granting Computershare's request for a three week extension in which to respond to the Second Amended Complaint. Signed by Magistrate Judge Joseph A. Dickson on 12/10/12. (jd, ) [Transferred from New Jersey on 12/9/2013.]
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Filing 124
STIPULATION of Dismissal with Prejudice as to Ameriprise Financial, Inc. by CHRISTINA ENG EVINER. (BIEHL, FREDERICK) [Transferred from New Jersey on 12/9/2013.]
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Filing 123
REPLY BRIEF to Opposition to Motion filed by TRINH ENG, YOKETING ENG re #91 First MOTION to Dismiss plaintiff's second amended complaint (Attachments: #1 Declaration of Steven I. Lewbel, Esq. with Exhibits, #2 Declaration of Trinh Eng, #3 Declaration of Yoketing Eng with Exhibits, #4 cover letter)(LEWBEL, STEVEN) [Transferred from New Jersey on 12/9/2013.]
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Filing 122
Letter from defendant, E.I. DuPont De Nemours and Company. (DESIMONE, C.) [Transferred from New Jersey on 12/9/2013.]
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Filing 121
Letter from Bruce W. Clark, Esq. withdrawing #113 Motion to dismiss filed by ALTRIA GROUP, INC. (nic, ) [Transferred from New Jersey on 12/9/2013.]
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Filing 120
STIPULATION AND ORDER of Dismissal with prejudice as to Deft., Visteon Corporation. only. Signed by Judge Kevin McNulty on 11/15/12. (jd, ) [Transferred from New Jersey on 12/9/2013.]
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Filing 119
STIPULATION of Dismissal with Prejudice as to Defendant Visteon Corporation Only by VISTEON CORPORATION. (REGAN, THOMAS) [Transferred from New Jersey on 12/9/2013.]
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Filing 118
Consent ORDER that the Second Amended Complaint is dismissed as to Ford Motor Company, J.P. Morgan Chase Bank, NA., E.I. Dupont De Nemours and Company, American Express Company, Inc. and Citigroup, Inc., without prejudice and without costs to any party.. Signed by Judge Kevin McNulty on 11/9/12. (jd, ) [Transferred from New Jersey on 12/9/2013.]
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Filing 117
Letter from Frederick C. Biehl, III, Esq.. (BIEHL, FREDERICK) [Transferred from New Jersey on 12/9/2013.]
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Filing 116
BRIEF in Opposition filed by CHRISTINA ENG EVINER re #91 First MOTION to Dismiss plaintiff's second amended complaint (Attachments: #1 Declaration Declaration of Counsel, #2 Exhibit Exhibits A through C of Biehl Declaration, #3 Declaration Declaration of Plaintiff, #4 Exhibit Exhibits A through D of Eviner Declaration)(BIEHL, FREDERICK) [Transferred from New Jersey on 12/9/2013.]
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Filing 115
MEMORANDUM in Opposition filed by ANNA ENG re #91 First MOTION to Dismiss plaintiff's second amended complaint (Attachments: #1 Certificate of Service)(BERMAN, MARC) [Transferred from New Jersey on 12/9/2013.]
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Filing 114
Letter from Frederick C. Biehl, III. (Attachments: #1 Consent Order)(BIEHL, FREDERICK) [Transferred from New Jersey on 12/9/2013.]
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Filing 113
MOTION to Dismiss for Lack of Jurisdiction by ALTRIA GROUP, INC. (Attachments: #1 Brief)(js) [Transferred from New Jersey on 12/9/2013.]
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Setting Deadlines as to #113 MOTION to Dismiss for Lack of Jurisdiction. Motion set for 12/3/2012 before Judge Kevin McNulty. The motion will be decided on the papers. No appearances required unless notified by the court. (js) [Transferred from New Jersey on 12/9/2013.]
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Filing 112
STIPULATION of Dismissal as to Reynolds American, Inc. Only by CHRISTINA ENG EVINER. (BIEHL, FREDERICK) [Transferred from New Jersey on 12/9/2013.]
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Filing 111
STIPULATION of Dismissal as to Phillip Morris International, Inc. Only by CHRISTINA ENG EVINER. (BIEHL, FREDERICK) [Transferred from New Jersey on 12/9/2013.]
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Filing 110
STIPULATION of Dismissal as to Lehman Brothers, Inc. Only by CHRISTINA ENG EVINER. (BIEHL, FREDERICK) [Transferred from New Jersey on 12/9/2013.]
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Filing 109
STIPULATION of Dismissal as to Kraft Foods, Inc. Only by CHRISTINA ENG EVINER. (BIEHL, FREDERICK) [Transferred from New Jersey on 12/9/2013.]
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Filing 108
STIPULATION of Dismissal as to Glaxo Smith Kline Services, Unlimited Only by CHRISTINA ENG EVINER. (BIEHL, FREDERICK) [Transferred from New Jersey on 12/9/2013.]
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Filing 107
STIPULATION of Dismissal as to Glaxo Smith Kline, plc Only by CHRISTINA ENG EVINER. (BIEHL, FREDERICK) [Transferred from New Jersey on 12/9/2013.]
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Filing 106
STIPULATION of Dismissal as to General Motors Corporation Only by CHRISTINA ENG EVINER. (BIEHL, FREDERICK) [Transferred from New Jersey on 12/9/2013.]
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Filing 105
STIPULATION of Dismissal as to Daimler Chrysler Corporation Only by CHRISTINA ENG EVINER. (BIEHL, FREDERICK) [Transferred from New Jersey on 12/9/2013.]
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Filing 104
STIPULATION of Dismissal as to Chrysler Corporation only by CHRISTINA ENG EVINER. (BIEHL, FREDERICK) [Transferred from New Jersey on 12/9/2013.]
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Filing 103
STIPULATION of Dismissal as to Altria Group, Inc. Only by CHRISTINA ENG EVINER. (BIEHL, FREDERICK) [Transferred from New Jersey on 12/9/2013.]
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Clerk`s Text Order - The document #101 Application for Clerk's Order to Ext Answer/Proposed Order submitted by KRAFT FOODS, INC. has been GRANTED. The answer due date has been set for 11/9/12. (jd, ) [Transferred from New Jersey on 12/9/2013.]
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Filing 102
NOTICE of Appearance by JAMES HENRY FORTE on behalf of Computershare, Inc. (FORTE, JAMES) [Transferred from New Jersey on 12/9/2013.]
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Filing 101
Application and Proposed Order for Clerk's Order to extend time to answer as to DEFENDANT, KRAFT FOODS, INC.. Attorney JACLYN DILASCIO MALYK for KRAFT FOODS, INC. added. (Attachments: #1 Certificate of Service)(MALYK, JACLYN) [Transferred from New Jersey on 12/9/2013.]
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Filing 100
ANSWER to Amended Complaint by AMERICAN EXPRESS COMPANY, INC.. (Attachments: #1 Certification)(GROSS, JACK) [Transferred from New Jersey on 12/9/2013.]
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Filing 99
Application and Proposed Order for Clerk's Order to extend time to answer as to REYNOLDS AMERICAN, INC.. Attorney FREDERICK LEE WHITMER for REYNOLDS AMERICAN, INC. added. (WHITMER, FREDERICK) [Transferred from New Jersey on 12/9/2013.]
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Filing 98
TEXT ORDER: The Telephone Conference set for 10/22/2012 at 10:30 a.m. with Magistrate Judge Joseph A. Dickson has been adjourned without a new date. So Ordered by Magistrate Judge Joseph A. Dickson on 10/19/2012. (jqb) [Transferred from New Jersey on 12/9/2013.]
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Clerk`s Text Order - The document #99 Application for Clerk's Order to Ext Answer/Proposed Order submitted by REYNOLDS AMERICAN, INC. has been GRANTED. The answer due date has been set for 11/8/12. (jd, ) [Transferred from New Jersey on 12/9/2013.]
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Filing 97
STIPULATION of Dismissal of The Travelers Companies, Inc. Only by CHRISTINA ENG EVINER. (BIEHL, FREDERICK) [Transferred from New Jersey on 12/9/2013.]
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Set Deadlines as to #95 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim. Motion set for 12/3/2012 before Judge Kevin McNulty. The motion will be decided on the papers. No appearances required unless notified by the court. (jd, ) [Transferred from New Jersey on 12/9/2013.]
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Filing 96
ANSWER to Crossclaim of Citi defendants by ANNA ENG. (Attachments: #1 Certificate of Service on behalf of A Eng re Answer to Citi cross-claim)(BERMAN, MARC) [Transferred from New Jersey on 12/9/2013.]
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Filing 95
MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim by FORD MOTOR COMPANY, INC.. Responses due by 11/9/2012 (Attachments: #1 Brief, #2 Text of Proposed Order)(HALASZ, PAUL) [Transferred from New Jersey on 12/9/2013.]
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Filing 94
DEFENDANTS', CITIBANK, N.A. AND CITIGROUP INC., ANSWER to Amended Complaint AND, CROSSCLAIM S FOR INDEMNIFICATON AND FOR CONTRIBUTION against ANNA ENG, TRINH ENG, YOKETING ENG by CITIBANK, NA, CITIGROUP, INC..(MALONE, ROBERT) [Transferred from New Jersey on 12/9/2013.]
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Filing 93
CERTIFICATE OF SERVICE by The Bank of New York Mellon, incorrectly identified as The Bank of New York/Mellon re #92 Answer to Amended Complaint, Crossclaim,, (FORTE, JAMES) [Transferred from New Jersey on 12/9/2013.]
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Filing 92
(corrected) ANSWER to Amended Complaint of plaintiff Christina Eng Eviner, CROSSCLAIM against CITIBANK, NA, TRINH ENG, YOKETING ENG by The Bank of New York Mellon, incorrectly identified as The Bank of New York/Mellon.(FORTE, JAMES) [Transferred from New Jersey on 12/9/2013.]
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Filing 91
First MOTION to Dismiss plaintiff's second amended complaint by TRINH ENG, YOKETING ENG. Responses due by 11/9/2012 (Attachments: #1 Declaration of Steven I. Lewbel, with Exhibits, #2 Declaration of Trinh Eng, #3 Declaration of Yoketing Eng, #4 Brief, #5 Text of Proposed Order, #6 Supplement Cover Letter)(LEWBEL, STEVEN) [Transferred from New Jersey on 12/9/2013.]
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Filing 90
ANSWER to Amended Complaint of plaintiff Christina Eng Eviner, CROSSCLAIM against CITIBANK, NA, TRINH ENG, YOKETING ENG by The Bank of New York Mellon, incorrectly identified as BNY Mellon Bank, NA.(FORTE, JAMES) [Transferred from New Jersey on 12/9/2013.]
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Filing 89
ANSWER to Amended Complaint by BANK OF AMERICA.(SALDUTTI, WILLIAM) [Transferred from New Jersey on 12/9/2013.]
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Filing 88
Letter from defendant E.I. DuPont De Nemours and Company re Set/Reset Motion and R&R Deadlines/Hearings, #85 MOTION to Dismiss in Lieu of an Answer. (DESIMONE, C.) [Transferred from New Jersey on 12/9/2013.]
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Filing 87
Consent ORDER that GSK is dismissed from this action without prejudice, etc.; GlaxoSmithKline plc and GlaxoSmithKline Services, Unlimited remain as parties to this action, etc.. Signed by Magistrate Judge Joseph A. Dickson on 10/9/12. (jd, ) [Transferred from New Jersey on 12/9/2013.]
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Filing 86
MOTION to Dismiss Pursuant to Rule 12(b)(6) by JP MORGAN CHASE BANK, NA. Responses due by 11/9/2012 (Attachments: #1 Brief, #2 Certification of Michael Anthony Fazio, Esq., #3 Text of Proposed Order, #4 Certificate of Service)(SYLVESTER, ANTHONY) [Transferred from New Jersey on 12/9/2013.]
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Set Deadlines as to #91 First MOTION to Dismiss plaintiff's second amended complaint. Motion set for 12/3/2012 before Judge Kevin McNulty. The motion will be decided on the papers. No appearances required unless notified by the court. (jd, ) [Transferred from New Jersey on 12/9/2013.]
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Reset Deadlines as to #85 MOTION to Dismiss in Lieu of an Answer. Motion reset for 12/3/2012 before Judge Kevin McNulty. The motion will be decided on the papers. No appearances required unless notified by the court. (jd, ) [Transferred from New Jersey on 12/9/2013.]
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Set Deadlines as to #86 MOTION to Dismiss Pursuant to Rule 12(b)(6). Motion set for 12/3/2012 before Judge Kevin McNulty. The motion will be decided on the papers. No appearances required unless notified by the court. (jd, ) [Transferred from New Jersey on 12/9/2013.]
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Set Deadlines as to #85 MOTION to Dismiss in Lieu of an Answer. Motion set for 11/5/2012 before Judge Kevin McNulty. The motion will be decided on the papers. No appearances required unless notified by the court. (jd, ) [Transferred from New Jersey on 12/9/2013.]
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Filing 85
MOTION to Dismiss in Lieu of an Answer by E.I. DUPONT DE NEMOURS, INC.. Responses due by 10/22/2012 (Attachments: #1 Brief, #2 Certification of Counsel, #3 Certificate of Service, #4 Text of Proposed Order, #5 Letter to Judges providing courtesy copy of motion papers.)(DESIMONE, C.) [Transferred from New Jersey on 12/9/2013.]
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Filing 84
ANSWER to Amended Complaint (second), CROSSCLAIM against TRINH ENG, YOKETING ENG by ANNA ENG. (Attachments: #1 Certificate of Service of Anna Eng's answer to 2d Amended Complaint)(BERMAN, MARC) [Transferred from New Jersey on 12/9/2013.]
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Filing 83
Letter from Thomas A. Cunniff. (Attachments: #1 Text of Proposed Order)(CUNNIFF, THOMAS) [Transferred from New Jersey on 12/9/2013.]
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Filing 82
STIPULATION of Dismissal as to Visteon Corporation only by CHRISTINA ENG EVINER. (BIEHL, FREDERICK) [Transferred from New Jersey on 12/9/2013.]
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Filing 81
STIPULATION of Dismissal as to Raytheon Corp. only by CHRISTINA ENG EVINER. (BIEHL, FREDERICK) [Transferred from New Jersey on 12/9/2013.]
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Filing 80
STIPULATION of Dismissal as to Dreyfus Funds only by CHRISTINA ENG EVINER. (BIEHL, FREDERICK) [Transferred from New Jersey on 12/9/2013.]
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Filing 79
STIPULATION of Dismissal as to Borden n/k/a Momentive Specialty Chemicals, Inc. by CHRISTINA ENG EVINER. (BIEHL, FREDERICK) [Transferred from New Jersey on 12/9/2013.]
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Filing 78
Letter from Steven I. Lewbel. (LEWBEL, STEVEN) [Transferred from New Jersey on 12/9/2013.]
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Filing 77
AMENDED COMPLAINT against All Defendants All Defendants., filed by CHRISTINA ENG EVINER.(BIEHL, FREDERICK) [Transferred from New Jersey on 12/9/2013.]
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CLERK'S QUALITY CONTROL MESSAGE - Re: Amended Complaint (doc #76) submitted by F. Biehl on 9/7/12. Please resubmit the Amended Complaint and select the correct parties (defts) that the Amended Complaint is against. The entry now reads that the Amended Complaint is against all Pltfs. (jd, ) [Transferred from New Jersey on 12/9/2013.]
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Filing 76
AMENDED COMPLAINT against All Plaintiffs All Plaintiffs., filed by CHRISTINA ENG EVINER.(BIEHL, FREDERICK) [Transferred from New Jersey on 12/9/2013.]
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Filing 75
Pretrial SCHEDULING ORDER: Pltf shall file her Amended Complaint on or before 9/7/12, etc.; Telephone Conference set for 10/22/2012 10:30 AM before Magistrate Judge Joseph A. Dickson. Discovery due by 3/31/2013.. Signed by Magistrate Judge Joseph A. Dickson on 8/23/12. (jd, ) [Transferred from New Jersey on 12/9/2013.]
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Minute Entry for proceedings held before Magistrate Judge Joseph A. Dickson: Status Conference held on 8/23/2012. (CD #ECR.) (nm, ) [Transferred from New Jersey on 12/9/2013.]
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Filing 74
NOTICE of Appearance by STEVEN A. BECKELMAN on behalf of RAYTHEON CORP. (BECKELMAN, STEVEN) [Transferred from New Jersey on 12/9/2013.]
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Filing 73
Letter from Thomas A. Cunniff re #60 Order. (CUNNIFF, THOMAS) [Transferred from New Jersey on 12/9/2013.]
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Filing 72
Letter from Visteon re settlement and non-appearance at Rule 16 Conference. (REGAN, THOMAS) [Transferred from New Jersey on 12/9/2013.]
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Filing 71
Letter from Frederick C. Biehl, III. (Attachments: #1 Pretrial Scheduling Order)(BIEHL, FREDERICK) [Transferred from New Jersey on 12/9/2013.]
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Filing 70
Letter from counsel for Momentive Specialty Chemicals, Inc., successor by name change to Borden, Inc. re #60 Order. (HEMRICK, CHRISTOPHER) [Transferred from New Jersey on 12/9/2013.]
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Filing 69
Letter from William F. Saldutti, III in response to Court's August 9, 2012 Letter Order re #60 Order. (SALDUTTI, WILLIAM) [Transferred from New Jersey on 12/9/2013.]
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Filing 68
Letter from Anthony J. Sylvester, Esq. in response to Court's August 9, 2012 Letter Order re #60 Order. (SYLVESTER, ANTHONY) [Transferred from New Jersey on 12/9/2013.]
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Filing 67
Letter from Steven I. Lewbel, Esq.. (LEWBEL, STEVEN) [Transferred from New Jersey on 12/9/2013.]
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Filing 66
Letter from Marc S. Berman, Esq., Attorney for Defendant Anna Eng re #60 Order. (Attachments: #1 Certificate of Service of letter to Court)(BERMAN, MARC) [Transferred from New Jersey on 12/9/2013.]
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Filing 65
Letter from Frederick C. Biehl. III. (BIEHL, FREDERICK) [Transferred from New Jersey on 12/9/2013.]
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Filing 64
Letter from counsel for defendants The Bank of New York Mellon, incorrectly identified as BNY Mellon Bank, N.A., and The Dreyfus Fund Incorporated, incorrectly identifed as Dreyfus Funds. (FORTE, JAMES) [Transferred from New Jersey on 12/9/2013.]
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Filing 63
Letter from re: Letter Order dated 8/9/2012. (MARTIN, THOMAS) [Transferred from New Jersey on 12/9/2013.]
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Filing 62
Letter from defendant, E.I. DuPont De Nemours and Company, plead as E.I. DuPont De Nemours, Inc.. (DESIMONE, C.) [Transferred from New Jersey on 12/9/2013.]
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Filing 61
Letter from Paul J. Halasz re #60 Order. (HALASZ, PAUL) [Transferred from New Jersey on 12/9/2013.]
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Filing 60
Letter ORDER advising Counsel that any party who objects to my presiding over this case should electronically file a letter stating the nature and basis of the objection w/in 21 days, etc. Signed by Judge Kevin McNulty on 8/9/12. (jd, ) [Transferred from New Jersey on 12/9/2013.]
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Filing 59
ORDER REASSIGNING CASE. Case reassigned to Judge Kevin McNulty for all further proceedings. Judge Claire C. Cecchi no longer assigned to case. Signed by Chief Judge Jerome B. Simandle on 8/1/12. (pv, ) [Transferred from New Jersey on 12/9/2013.]
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Filing 58
TEXT ORDER: The parties are advised that the in person conference scheduled for 8/7/12 has been adjourned. An in person status conference is scheduled for 8/23/12 at 9:00 a.m. All responsive pleadings, whether answer or motion, are stayed and will be addressed at the 8/23/12 status conference. All pending motions to dismiss are likewise stayed pending the conference. SO ORDERED by Magistrate Judge Joseph A. Dickson on 7/30/12. (nm, ) [Transferred from New Jersey on 12/9/2013.]
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Filing 57
TEXT ORDER: In person Status Conference set for 8/7/2012 03:00 PM in Newark - Courtroom 2D before Magistrate Judge Joseph A. Dickson.SO ORDERED by Magistrate Judge Joseph A. Dickson on 7/30/12. (nm, ) [Transferred from New Jersey on 12/9/2013.]
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Filing 56
MOTION to Dismiss Counts XIII and XIV of Plaintiff's First Amended Complaint by BANK OF AMERICA. (Attachments: #1 Exhibit Memorandum of Law)(SALDUTTI, WILLIAM) [Transferred from New Jersey on 12/9/2013.]
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Filing 55
Letter. (BIEHL, FREDERICK) [Transferred from New Jersey on 12/9/2013.]
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Set Deadlines as to #56 MOTION to Dismiss Counts XIII and XIV of Plaintiff's First Amended Complaint. Motion set for 8/20/2012 before Judge Claire C. Cecchi. The motion will be decided on the papers. No appearances required unless notified by the court. (jd, ) [Transferred from New Jersey on 12/9/2013.]
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Answer Due Deadline Update - The document #49 Stipulation and Order has been GRANTED. The answer due date has been set for 9/7/2012. (mn, ) [Transferred from New Jersey on 12/9/2013.]
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Filing 54
Consent ORDER extending time to answer to 8/31/12 as to Defts. E.I. DuPont De Nemours and Company; GlaxoSmithKline LLC; The Travelers Companies Inc.. Signed by Magistrate Judge Joseph A. Dickson on 7/24/12. (jd, ) [Transferred from New Jersey on 12/9/2013.]
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Filing 53
ORDER granting Bank of America's request for leave to file a motion to dismiss, etc. Signed by Magistrate Judge Joseph A. Dickson on 7/24/12. (jd, ) [Transferred from New Jersey on 12/9/2013.]
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Answer Due Deadline Update - re: document #54 Order for extension of time for DUPONT DE NEMOURS, INC., GLAXO SMITH KLINE, TRAVELERS INSURANCE COMPANY, INC., has been GRANTED. The answer due date has been set for 8/31/12. (jd, ) [Transferred from New Jersey on 12/9/2013.]
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Filing 52
Letter from Thomas A. Cunniff. (Attachments: #1 Text of Proposed Order)(CUNNIFF, THOMAS) [Transferred from New Jersey on 12/9/2013.]
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Filing 51
Corporate Disclosure Statement by BANK OF AMERICA. (SALDUTTI, WILLIAM) [Transferred from New Jersey on 12/9/2013.]
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Filing 50
Letter from William F. Saldutti, III, Esq. requesting leave to file motion to dismiss. (SALDUTTI, WILLIAM) [Transferred from New Jersey on 12/9/2013.]
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Filing 49
STIPULATION AND ORDER that the time within which Borden may answer the First Amended complaint is extended to 9/7/12. Signed by Magistrate Judge Joseph A. Dickson on 7/23/12. (jd, ) [Transferred from New Jersey on 12/9/2013.]
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Filing 48
Corporate Disclosure Statement by The Dreyfus Fund Incorporated, incorrectly identified as Dreyfus Funds. (FORTE, JAMES) [Transferred from New Jersey on 12/9/2013.]
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Filing 47
WAIVER OF SERVICE Returned Executed by The Dreyfus Fund Incorporated, incorrectly identified as Dreyfus Funds. The Dreyfus Fund Incorporated, incorrectly identified as Dreyfus Funds waiver sent on 7/20/2012, answer due 9/18/2012. (FORTE, JAMES) [Transferred from New Jersey on 12/9/2013.]
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Filing 46
TEXT ONLY ORDER re #44 Letter: Granting Defendant JP MORGAN CHASE BANK, NA request to file a motion to dismiss. Ordered by Magistrate Judge Joseph A. Dickson on 7/23/12. (mfr) [Transferred from New Jersey on 12/9/2013.]
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Filing 45
STIPULATION re #3 Amended Complaint Acknowledgment of Service and Proposed Stipulation and Order Extending Time to Respond by BORDEN, INC.. (HEMRICK, CHRISTOPHER) [Transferred from New Jersey on 12/9/2013.]
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Filing 44
Letter from Anthony J. Sylvester, Esq. renewing request for leave to file motion to dismiss. (SYLVESTER, ANTHONY) [Transferred from New Jersey on 12/9/2013.]
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Filing 43
TEXT ORDER: Per the request of defendant's counsel, the in person status conference scheduled for 7/19/12 has been adjourned without date. Mr. Steven Lewbel, Esq. is to contact the Court to reschedule the conference on a date mutually agreeable to all parties and the Court. SO ORDERED by Magistrate Judge Joseph A. Dickson on 7/18/12. (nm, ) [Transferred from New Jersey on 12/9/2013.]
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Filing 42
Corporate Disclosure Statement by FORD MOTOR COMPANY, INC.. (HALASZ, PAUL) [Transferred from New Jersey on 12/9/2013.]
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Filing 41
ANSWER to Amended Complaint by FORD MOTOR COMPANY, INC..(HALASZ, PAUL) [Transferred from New Jersey on 12/9/2013.]
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Set/Reset Hearings: The parties are advised that the in person Status Conference set for 7/20/12 has been moved to Thursday, 7/19/2012 10:30 AM in Newark - Courtroom 2D before Magistrate Judge Joseph A. Dickson. Thank you. (nm, ) [Transferred from New Jersey on 12/9/2013.]
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Filing 40
REQUEST FOR WAIVER of Service sent to The Bank of New York Mellon, incorrectly identified as BNY Mellon Bank, NA on May 18, 2012 by BNY MELLON BANK, NA.( Waiver of Service due by 7/16/2012.), WAIVER OF SERVICE Returned Executed by BNY MELLON BANK, NA. The Bank of New York Mellon, incorrectly identified as BNY Mellon Bank, NA waiver sent on 5/18/2012, answer due 7/17/2012. (FORTE, JAMES) [Transferred from New Jersey on 12/9/2013.]
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Filing 39
Application and Proposed Order for Clerk's Order to extend time to answer as to THe Bank of New York Mellon, incorrectly identified as BNY Mellon Bank, NA.. (FORTE, JAMES) [Transferred from New Jersey on 12/9/2013.]
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Clerk`s Text Order - The document #39 Application for Clerk's Order to Ext Answer/Proposed Order submitted by JAMES FORTE has been GRANTED. The answer due date has been set for 7/31/2012 for BNY MELLON BANK. (nr, ) [Transferred from New Jersey on 12/9/2013.]
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Filing 38
ANSWER to Crossclaim of Visteon Corporation by ANNA ENG. (Attachments: #1 Certificate of Service of Answer fr Anna Eng to Visteon cross-claim)(BERMAN, MARC) [Transferred from New Jersey on 12/9/2013.]
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Clerk`s Text Order - The document #35 Application for Clerk's Order to Ext Answer/Proposed Order submitted by JP MORGAN CHASE BANK, NA has been GRANTED. The answer due date has been set for 7/31/12. (dc, ) [Transferred from New Jersey on 12/9/2013.]
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Clerk`s Text Order - The document #37 Application for Clerk's Order to Ext Answer/Proposed Order submitted by GLAXO SMITH KLINE has been GRANTED. The answer due date has been set for 7/30/12. (dc, ) [Transferred from New Jersey on 12/9/2013.]
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Filing 37
Application and Proposed Order for Clerk's Order to extend time to answer as to Glaxo Smith Kline.. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(CUNNIFF, THOMAS) [Transferred from New Jersey on 12/9/2013.]
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Filing 36
NOTICE of Appearance by THOMAS A. CUNNIFF on behalf of GLAXO SMITH KLINE (CUNNIFF, THOMAS) [Transferred from New Jersey on 12/9/2013.]
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Filing 35
Application and Proposed Order for Clerk's Order to extend time to answer as to Defendant JPMorgan Chase Bank, N.A... (FAZIO, MICHAEL) [Transferred from New Jersey on 12/9/2013.]
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Set/Reset Hearings: The parties are advised that an in person Status Conference is set for 7/20/2012 11:00 AM in Newark - Courtroom 2D before Magistrate Judge Joseph A. Dickson. (nm, ) [Transferred from New Jersey on 12/9/2013.]
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Clerk`s Text Order - The document #33 Application for Clerk's Order to Ext Answer/Proposed Order submitted by TRAVELERS INSURANCE COMPANY, INC., has been GRANTED. The answer due date has been set for 7/31/12. (dc, ) [Transferred from New Jersey on 12/9/2013.]
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Filing 34
Letter. (BIEHL, FREDERICK) [Transferred from New Jersey on 12/9/2013.]
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Filing 33
Application and Proposed Order for Clerk's Order to extend time to answer as to The Travelers Companies Inc., Improperly pled as Travelers Insurance Company.. (MARTIN, THOMAS) [Transferred from New Jersey on 12/9/2013.]
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Clerk`s Text Order - The document #32 Application for Clerk's Order to Ext Answer/Proposed Order submitted by E.I. DUPONT DE NEMOURS, INC. has been GRANTED. The answer due date has been set for 7/30/12 (14 DAYS). (dc, ) [Transferred from New Jersey on 12/9/2013.]
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Filing 32
Application and Proposed Order for Clerk's Order to extend time to answer as to E.I DuPont De Nemours and Company.. (GALLAGHER, PETER) [Transferred from New Jersey on 12/9/2013.]
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Filing 31
Corporate Disclosure Statement by E.I. DUPONT DE NEMOURS, INC.. (GALLAGHER, PETER) [Transferred from New Jersey on 12/9/2013.]
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Filing 30
REPLY BRIEF to Opposition to Motion filed by TRINH ENG, YOKETING ENG re #11 MOTION to Dismiss (Attachments: #1 Declaration of Trinh Eng, #2 Declaration of Yoketing Eng)(LEWBEL, STEVEN) [Transferred from New Jersey on 12/9/2013.]
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Filing 29
Corporate Disclosure Statement by BNY MELLON BANK, NA identifying The Bank of New York Mellon Corporation as Corporate Parent.. (FORTE, JAMES) [Transferred from New Jersey on 12/9/2013.]
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Filing 28
NOTICE of Appearance by THOMAS A. MARTIN on behalf of TRAVELERS INSURANCE COMPANY, INC., (MARTIN, THOMAS) [Transferred from New Jersey on 12/9/2013.]
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Filing 27
Letter from Anthony J. Sylvester, Esq. requesting leave to file motion to dismiss. (SYLVESTER, ANTHONY) [Transferred from New Jersey on 12/9/2013.]
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Filing 26
NOTICE of Appearance by C. JOHN DESIMONE on behalf of E.I. DUPONT DE NEMOURS, INC. (DESIMONE, C.) [Transferred from New Jersey on 12/9/2013.]
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Filing 25
NOTICE of Appearance by MICHAEL L. RICH on behalf of E.I. DUPONT DE NEMOURS, INC. (RICH, MICHAEL) [Transferred from New Jersey on 12/9/2013.]
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Filing 24
MEMORANDUM in Opposition filed by ANNA ENG re #11 MOTION to Dismiss (Attachments: #1 Certificate of Service of letter to Court)(BERMAN, MARC) [Transferred from New Jersey on 12/9/2013.]
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Filing 23
MEMORANDUM in Opposition filed by CHRISTINA ENG EVINER re #11 MOTION to Dismiss (Attachments: #1 Certification Declaration of Biehl, #2 Exhibit Exhibits Biehl Declaration, #3 Certification Declaration of Eviner, #4 Exhibit Ex. A to Eviner Declaration, #5 Exhibit Ex. B to Eviner Declaration, #6 Exhibit Ex. C to Eviner Declaration)(BIEHL, FREDERICK) [Transferred from New Jersey on 12/9/2013.]
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Filing 22
Letter from Steven I. Lewbel. Esq.. (LEWBEL, STEVEN) [Transferred from New Jersey on 12/9/2013.]
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Filing 21
NOTICE of Appearance by MICHAEL ANTHONY FAZIO on behalf of JP MORGAN CHASE BANK, NA (FAZIO, MICHAEL) [Transferred from New Jersey on 12/9/2013.]
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Filing 20
Corporate Disclosure Statement by JP MORGAN CHASE BANK, NA. (SYLVESTER, ANTHONY) [Transferred from New Jersey on 12/9/2013.]
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Filing 19
Defendant's ANSWER to Amended Complaint , CROSSCLAIM against ANNA ENG, TRINH ENG, YOKETING ENG by VISTEON CORPORATION.(REGAN, THOMAS) [Transferred from New Jersey on 12/9/2013.]
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Filing 18
NOTICE of Appearance by ANTHONY SYLVESTER on behalf of JP MORGAN CHASE BANK, NA (SYLVESTER, ANTHONY) [Transferred from New Jersey on 12/9/2013.]
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Filing 17
ORDER: Initial Conference set for 8/23/2012 09:30 AM in Newark - Courtroom 2D before Magistrate Judge Joseph A. Dickson.. Signed by Magistrate Judge Joseph A. Dickson on 6/28/12. (nm, ) [Transferred from New Jersey on 12/9/2013.]
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Filing 16
NOTICE of Appearance by JAMES HENRY FORTE on behalf of BNY MELLON BANK, NA, DREYFUS FUNDS (FORTE, JAMES) [Transferred from New Jersey on 12/9/2013.]
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Filing 15
ORDER of Voluntary Dismissal w/out prejudice as to Delphi Corporation. Signed by Judge Claire C. Cecchi on 6/26/12. (jd, ) [Transferred from New Jersey on 12/9/2013.]
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Filing 14
AMENDED DOCUMENT by CHRISTINA ENG EVINER. . (BIEHL, FREDERICK) [Transferred from New Jersey on 12/9/2013.]
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Filing 13
FIRST AMENDED ANSWER to Complaint with JURY DEMAND by ANNA ENG. (Attachments: #1 Certificate of Service)(BERMAN, MARC) [Transferred from New Jersey on 12/9/2013.]
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Filing 12
STIPULATION of Dismissal of DPH Holdings Corporation by CHRISTINA ENG EVINER. (BIEHL, FREDERICK) [Transferred from New Jersey on 12/9/2013.]
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CLERK'S QUALITY CONTROL MESSAGE - Re: Notice of Voluntary Dismissal (doc #12) submitted by F. Biehl on 6/21/12. DPH Holdings Corporation does not appear on the docket as a party deft. (jd, ) [Transferred from New Jersey on 12/9/2013.]
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Set Deadlines as to #11 MOTION to Dismiss . Motion set for 7/16/2012 before Judge Claire C. Cecchi. The motion will be decided on the papers. No appearances required unless notified by the court. (jd, ) [Transferred from New Jersey on 12/9/2013.]
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Filing 11
MOTION to Dismiss by TRINH ENG, YOKETING ENG. Responses due by 7/2/2012 (Attachments: #1 Declaration of Steven I. Lewbel, Esq., #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Declaration of Trinh Eng, #6 Declaration of Yoketing Eng, #7 Brief Memorandum of Law, #8 Text of Proposed Order)(LEWBEL, STEVEN) [Transferred from New Jersey on 12/9/2013.]
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Filing 10
NOTICE of Appearance by WILLIAM F. SALDUTTI, III on behalf of BANK OF AMERICA (SALDUTTI, WILLIAM) [Transferred from New Jersey on 12/9/2013.]
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Filing 9
Certification on behalf of ANNA ENG Re #8 Answer to Amended Complaint. (BERMAN, MARC) [Transferred from New Jersey on 12/9/2013.]
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Filing 8
ANSWER to Amended Complaint by ANNA ENG.(BERMAN, MARC) [Transferred from New Jersey on 12/9/2013.]
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Filing 7
Application and Proposed Order for Clerk's Order to extend time to answer as to Yoketing Eng and Trihn Eng. Attorney STEVEN I. LEWBEL for TRINH ENG,STEVEN I. LEWBEL for YOKETING ENG added. (LEWBEL, STEVEN) [Transferred from New Jersey on 12/9/2013.]
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Clerk`s Text Order - The document #7 Application for Clerk's Order to Ext Answer/Proposed Order submitted by YOKETING ENG, TRINH ENG has been GRANTED. The answer due date has been set for 6/18/12. (jd, ) [Transferred from New Jersey on 12/9/2013.]
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Filing 6
AFFIDAVIT of Service for Summons and Complaint served on Yoketing Eng a/k/a Barry Eng on May 12, 2012, filed by CHRISTINA ENG EVINER. (BIEHL, FREDERICK) [Transferred from New Jersey on 12/9/2013.]
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Filing 5
AFFIDAVIT of Service for Summons and Complaint served on Trinh Eng on May 12, 2012, filed by CHRISTINA ENG EVINER. (BIEHL, FREDERICK) [Transferred from New Jersey on 12/9/2013.]
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Answer Due Deadline Update - Re: documents #5 and #6 Affidavit of Service filed by CHRISTINA ENG EVINER. The answer due date has been set for 6/4/12 as to Trinh Eng and Yoketing Eng. (jd, ) [Transferred from New Jersey on 12/9/2013.]
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Clerk`s Text Order - The document #4 Application for Clerk's Order to Ext Answer/Proposed Order submitted by ANNA ENG has been GRANTED. The answer due date has been set for 6/4/12. (jd, ) [Transferred from New Jersey on 12/9/2013.]
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Filing 4
Application and Proposed Order for Clerk's Order to extend time to answer as to Defendant Anna Eng. Attorney MARC S. BERMAN for ANNA ENG added. (BERMAN, MARC) [Transferred from New Jersey on 12/9/2013.]
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Filing 3
AMENDED COMPLAINT against All Defendants All Defendants., filed by CHRISTINA ENG EVINER.(BIEHL, FREDERICK) [Transferred from New Jersey on 12/9/2013.]
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Filing 2
SUMMONS ISSUED as to ALTRIA GROUP, INC., AMERICAN EXPRESS COMPANY, INC., AMERIPRISE FINANCIAL, INC., BANK OF AMERICA, BNY MELLON BANK, NA, BORDEN, CHRYSLER CORPORATION, CITIBANK, NA, CITIGROUP, INC., DAIMLER CHRYSLER CORPORATION, DELPHI CORPORATION, DREYFUS FUNDS, E.I. DUPONT DE NEMOURS, INC., ANNA ENG, TRINH ENG, FORD MOTOR COMPANY, INC., GENERAL MOTORS CORPORATION, GLAXO SMITH KLINE, JP MORGAN CHASE BANK, NA, KRAFT FOODS, INC., LEHMAN BROTHERS, INC., PLC, RAYTHEON CORP., REYNOLDS AMERICAN, INC., TRAVELERS INSURANCE COMPANY, INC.,, VISTEON CORPORATION, YOKETING ENG Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. Issued By *MURTUZA AKBARI* (ma) [Transferred from New Jersey on 12/9/2013.]
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Filing 1
COMPLAINT against ALTRIA GROUP, INC., AMERICAN EXPRESS COMPANY, INC., AMERIPRISE FINANCIAL, INC., BANK OF AMERICA, BNY MELLON BANK, NA, BORDEN, CHRYSLER CORPORATION, CITIBANK, NA, CITIGROUP, INC., DAIMLER CHRYSLER CORPORATION, DELPHI CORPORATION, DREYFUS FUNDS, E.I. DUPONT DE NEMOURS, INC., ANNA ENG, TRINH ENG, FORD MOTOR COMPANY, INC., GENERAL MOTORS CORPORATION, GLAXO SMITH KLINE, JP MORGAN CHASE BANK, NA, KRAFT FOODS, INC., LEHMAN BROTHERS, INC., PLC, RAYTHEON CORP., REYNOLDS AMERICAN, INC., TRAVELERS INSURANCE COMPANY, INC.,, VISTEON CORPORATION, YOKETING ENG ( Filing fee $ 350 receipt number 4296260) with JURY DEMAND, filed by CHRISTINA ENG EVINER. (Attachments: #1 Civil Cover Sheet)(ma) [Transferred from New Jersey on 12/9/2013.]
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