Scorsese v. Simon et al
| Catherine Scorsese |
| Michael Simon, Kenneth Waddell, Jumpview Entertainment, LLC and Campus Life Productions, LLC |
| 1:2013cv02718 |
| April 24, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Kings |
| Valerie E Caproni |
| Other Fraud |
| 28 U.S.C. § 1332 fr |
| Plaintiff |
Docket Report
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| Filing 52 STIPULATION OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41(a)(1)(A)(ii): It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, against the defendant(s) Campus Life Productions, LLC, Jumpview Entertainment, LLC, Michael Simon, Kenneth Waddell pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. The Clerk of the Court is respectfully directed to terminate the case. (Signed by Judge Valerie E. Caproni on 7/23/2014) (djc) |
| Filing 51 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) All Defendants and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Catherine Scorsese.(Brettler, Andrew) |
| Filing 50 MEMO ENDORSEMENT on re: #49 Letter filed by Catherine Scorsese. ENDORSEMENT: Plaintiff's deadline to respond to Defendants' motion to dismiss is extended until July 28, 2014. No further extensions will be granted. Counsel are directed to appear, in person, for a conference on August 8, 2014, at 10:00 a.m., in Courtroom 443, 40 Foley Square, New York, NY, 10007, unless a stipulation of discontinuance has been filed before that date. (Signed by Judge Valerie E. Caproni on 7/9/2014) (kgo) |
| Filing 49 LETTER addressed to Judge Valerie E. Caproni from Andrew B. Brettler dated July 9, 2014 re: Request for Extension of Time. Document filed by Catherine Scorsese.(Brettler, Andrew) |
| Set/Reset Deadlines: (Responses due by 7/28/2014.), Set/Reset Hearings:(Status Conference set for 8/8/2014 at 10:00 AM in Courtroom 443, 40 Foley Square, New York, NY 10007 before Judge Valerie E. Caproni.) (kgo) |
| Filing 48 AFFIDAVIT OF SERVICE of Motion to Dismiss, Certification of Counsel and Exhibit A, Memorandum of Law In Support of Motion to Dismiss served on All Counsel of Record on June 30, 2014. Document filed by Campus Life Productions, LLC, Jumpview Entertainment, LLC, Michael Simon, Kenneth Waddell. (Glazer, Matthew) |
| Filing 47 MEMORANDUM OF LAW in Support re: #45 MOTION to Dismiss Plaintiff's First Amended Complaint. . Document filed by Campus Life Productions, LLC, Jumpview Entertainment, LLC, Michael Simon, Kenneth Waddell. (Glazer, Matthew) |
| Filing 46 DECLARATION of Matthew A. Glazer in Support re: #45 MOTION to Dismiss Plaintiff's First Amended Complaint.. Document filed by Campus Life Productions, LLC, Jumpview Entertainment, LLC, Michael Simon, Kenneth Waddell. (Attachments: #1 Exhibit A)(Glazer, Matthew) |
| Filing 45 MOTION to Dismiss Plaintiff's First Amended Complaint. Document filed by Campus Life Productions, LLC, Jumpview Entertainment, LLC, Michael Simon, Kenneth Waddell. Responses due by 7/14/2014(Glazer, Matthew) |
| Set/Reset Deadlines: Motions due by 6/30/2014. Responses due by 7/14/2014. Replies due by 7/21/2014. (djc) |
| Filing 44 MEMO ENDORSEMENT on re: #43 Letter, filed by Campus Life Productions, LLC, Jumpview Entertainment, LLC, Michael Simon, Kenneth Waddell. ENDORSEMENT: Defendants' motion to dismiss must be filed not later than June 30, 2014. Plaintiff's response to Defendants' motion must be filed not later than July 14, 2014. Defendants' reply, if any, must be filed not later than July 21, 2014. (Signed by Judge Valerie E. Caproni on 6/16/2014) (djc) |
| Set/Reset Deadlines: Motions due by 7/21/2014. (djc) |
| Filing 43 LETTER addressed to Judge Valerie E. Caproni from Matthew A. Glazer dated June 13, 2014 re: Defendants' Intent to File Motion to Dismiss. Document filed by Campus Life Productions, LLC, Jumpview Entertainment, LLC, Michael Simon, Kenneth Waddell.(Glazer, Matthew) |
| Filing 42 FIRST AMENDED COMPLAINT amending #1 Complaint against Campus Life Productions, LLC, Jumpview Entertainment, LLC, Michael Simon, Kenneth Waddell with JURY DEMAND.Document filed by Catherine Scorsese. Related document: #1 Complaint filed by Catherine Scorsese. (Attachments: #1 Exhibit ORDER RE AMENDED COMPLAINT)(Jonelis, David) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT AMENDED COMPLAINT. Notice to Attorney David Jonelis RE: Document No. #41 Amended Complaint. The filing is deficient for the following reason(s): Filing Does Not Comply with FRCP Rule 15 ANDthe wrong party was selected for FILED AGAINST File the Exhibit to Pleading event found under the event category Other Documents and attach either opposing party's written consent or Court's leave.Re-file the document and select the correct party you are filing against. (laq) |
| Filing 41 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR and FILING ERROR - DEFICIENT PLEADING - FRCP RULE 15 NON-COMPLIANCE - FIRST AMENDED COMPLAINT amending #1 Complaint against All Defendants with JURY DEMAND.Document filed by Catherine Scorsese. Related document: #1 Complaint filed by Catherine Scorsese.(Jonelis, David) Modified on 6/8/2014 (laq). |
| Filing 40 LETTER addressed to Judge Valerie E. Caproni from David B. Jonelis, Esq. dated June 4, 2014 re: Scorsese's Intent to Amend Complaint. Document filed by Catherine Scorsese.(Jonelis, David) |
| Filing 39 AFFIDAVIT OF SERVICE of Motion to Dismiss, Certification of Counsel, Memorandum of Law in Support of Motion to Dismiss served on All Counsel of Record on June 3, 2014. Document filed by Campus Life Productions, LLC, Jumpview Entertainment, LLC, Michael Simon, Kenneth Waddell. (Glazer, Matthew) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Matthew Glazer to RE-FILE Document #38 Affidavit in Support of Motion. Use the event type Affidavit of Service Other found under the event list Service of Process. (db) |
| Filing 38 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - AFFIDAVIT of Matthew A. Glazer in Support re: #35 MOTION to Dismiss . Document filed by Campus Life Productions, LLC, Jumpview Entertainment, LLC, Michael Simon, Kenneth Waddell. (Glazer, Matthew) Modified on 6/4/2014 (db). |
| Filing 37 MEMORANDUM OF LAW in Support re: #35 MOTION to Dismiss . . Document filed by Campus Life Productions, LLC, Jumpview Entertainment, LLC, Michael Simon, Kenneth Waddell. (Glazer, Matthew) |
| Filing 36 DECLARATION of Matthew A. Glazer in Support re: #35 MOTION to Dismiss .. Document filed by Campus Life Productions, LLC, Jumpview Entertainment, LLC, Michael Simon, Kenneth Waddell. (Attachments: #1 Exhibit A)(Glazer, Matthew) |
| Filing 35 MOTION to Dismiss . Document filed by Campus Life Productions, LLC, Jumpview Entertainment, LLC, Michael Simon, Kenneth Waddell.(Glazer, Matthew) |
Filing 34
MEMO ENDORSEMENT on JOINT STIPULATION TO EXTEND TIME FOR DEFENDANTS TO FILE THEIR MOTION TO DISMISS: Defendants' time to answer, move, or otherwise respond to the Complaint is hereby extended until June 3, 2014. Parties are not authorized to request additional extensions. Plaintiff must notify the Court whether she intends to amend her Complaint not later than June 4, 2014. All other deadlines remain as provided in this Court's April 22, 2014 Order. ( Motions due by 6/3/2014.) (Signed by Judge Valerie E. Caproni on 5/19/2014) (djc)
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| Filing 33 LETTER addressed to Judge Valerie E. Caproni from Matthew A. Glazer dated May 16, 2014 re: Joint Stipulation to Extend Time for Defendants to File Their Motion to Dismiss. Document filed by Campus Life Productions, LLC, Jumpview Entertainment, LLC, Michael Simon, Kenneth Waddell.(Glazer, Matthew) |
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Filing 32
JOINT STIPULATION TO EXTEND TIME FOR DEFENDANTS TO FILE THEIR MOTION TO DISMISS: IT IS HEREBY STIPULATED AND AGREED by the parties that the time by which Defendants Michael Simon, Kenneth Waddell, Jump View Entertainment, LLC, and Campus Life Productions, LLC must file their Motion to Dismiss is extended by 30 days to May 23, 2014. The parties are engaged in settlement discussions and require additional time to reach an agreement. SO ORDERED. Defendants' time to answer, move, or otherwise respond to the Complaint is hereby extended until May 23. There will be no more extensions of this date. If Defendants move to dismiss, Plaintiff may amend the Complaint or respond to the motion; Plaintiff must inform the Court whether she intends to amend not later than May 30, 2014. If Plaintiff elects to amend, the Amended Complaint must be served and filed not later than June 6. If there is an Amended Complaint, Defendants must notify the Court not later than June 13, whether they intend to make a new motion to dismiss, adhere to their previously-filed motion, or answer. (Signed by Judge Valerie E. Caproni on 4/22/2014) (djc) Modified on 4/23/2014 (djc). Modified on 4/23/2014 (djc).
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| Set/Reset Deadlines: Amended Pleadings due by 6/6/2014. Motions due by 5/23/2014. (djc) |
| Set/Reset Deadlines: Campus Life Productions, LLC answer due 5/23/2014; Jumpview Entertainment, LLC answer due 5/23/2014; Michael Simon answer due 5/23/2014; Kenneth Waddell answer due 5/23/2014. (djc) |
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Filing 31
SCHEDULING ORDER: It is hereby ORDERED that the stay resulting from this Courts Order of December 9, 2013, is hereby lifted. Responsive pleadings and discovery will proceed as detailed below. Defendants shall answer, move, or otherwise respond to the Complaint not later than April 23, 2014. If Defendants move to dismiss, Plaintiff may amend the Complaint or respond to the motion. Plaintiff must inform the Court whether she intends to amend the Complaint not later than April 30, 2014. If Plaintiff elects to amend the Complaint, the Amended Complaint must be served and filed not later than May 7, 2014, and as further set forth in this document. Amended Pleadings due by 5/7/2014. Fact Discovery due by 8/29/2014. Expert Discovery due by 10/13/2014. Status Conference set for 10/14/2014 at 10:30 AM before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 4/3/2014) (cd)
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| Set/Reset Deadlines: Campus Life Productions, LLC answer due 4/23/2014; Jumpview Entertainment, LLC answer due 4/23/2014; Michael Simon answer due 4/23/2014; Kenneth Waddell answer due 4/23/2014. (cd) Modified on 4/7/2014 (cd). |
| Minute Entry for proceedings held before Judge Valerie E. Caproni: Telephone Conference held on 4/2/2014. An order is forthcoming (Brantley, Michael) |
| Filing 30 LETTER addressed to Judge Valerie E. Caproni from David Jonelis dated April 1, 2014 re: Case Management Plan. Document filed by Catherine Scorsese.(Jonelis, David) |
| Filing 29 LETTER addressed to Judge Valerie E. Caproni from Matthew A. Glazer dated April 1, 2014 re: Defendants' Motion to Dismiss and Civil Case Management Plan and Scheduling Order. Document filed by Campus Life Productions, LLC, Jumpview Entertainment, LLC, Michael Simon, Kenneth Waddell.(Glazer, Matthew) |
| Filing 28 JOINT PRE-CONFERENCE STATEMENT (Case Management Plan and Scheduling Order). Document filed by Campus Life Productions, LLC, Jumpview Entertainment, LLC, Michael Simon, Kenneth Waddell.(Glazer, Matthew) |
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Filing 27
ORDER: Counsel are directed to confer on a Civil Case Management Plan and Scheduling Order and to submit a jointly proposed Plan to the Court no later than April 1, 2014. The Civil Case Management Plan may be found on the Court's website at http://nysd.uscourts.gov/judges/Caproni. (Signed by Judge Valerie E. Caproni on 3/27/2014) (djc) Modified on 3/27/2014 (djc).
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| Filing 26 JOINT LETTER addressed to Judge Valerie E. Caproni from All Parties Jointly dated March 26, 2014 re: April 2, 2014 Telephonic Conference. Document filed by Catherine Scorsese. (Attachments: #1 Exhibit Copy of Complaint (per Court's Request))(Jonelis, David) |
| NOTICE OF CASE REASSIGNMENT to Judge Valerie E. Caproni. Judge Paul G. Gardephe is no longer assigned to the case. (pgu) |
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Filing 25
ORDER: Counsel are directed that the telephone conference scheduled for April 2, 2014, will now be held at 3:00 p.m. (Telephone Conference set for 4/2/2014 at 03:00 PM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 3/19/2014) (ajs)
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Filing 24
ORDER: 3/13/2014 Telephone Conference reset for Wednesday, 4/2/2014 at 05:00 PM before Judge Paul G. Gardephe. The parties are directed to initiate the call before dialing Chambers at (212) 805-0224 with all parties on the line. (Signed by Judge Paul G. Gardephe on 3/6/2014) (cd)
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| Filing 23 LETTER addressed to Judge Paul G. Gardephe from Andrew B. Brettler dated March 3, 2014 re: Appearance at Pre-trial Conference. Document filed by Catherine Scorsese.(Brettler, Andrew) |
| Filing 22 LETTER addressed to Judge Paul G. Gardephe from Andrew B. Brettler dated February 28, 2014 re: Order of Pennsylvania Court. Document filed by Catherine Scorsese. (Attachments: #1 Exhibit A (Opinion & Order))(Brettler, Andrew) |
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Filing 21
ORDER: It is hereby ORDERED that all proceedings in this case be stayed for 90 days from the date of this order. The parties shall promptly notify this Court of any decision issued by the Pennsylvania Court. The parties are directed to initiate the call before dialing Chambers at 212- 805-0224 with all parties on the line. ( Telephone Conference set for 3/13/2014 at 10:00 AM before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 12/6/2013) (cd)
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| Minute Entry for proceedings held before Judge Paul G. Gardephe: Initial Pretrial Conference held on 12/5/2013. (Court Reporter Bridgit Lombardozzi) (mr) |
| Filing 20 MEMO ENDORSEMENT on #17 Letter to appear by telephone for the 12/5/2013 initial conference filed by Catherine Scorsese. ENDORSEMENT: The Application is granted. (Signed by Judge Paul G. Gardephe on 11/27/2013) (cd) |
| Filing 19 MEMO ENDORSEMENT on #18 Letter to appear by telephone for the 12/5/2013 initial conference, filed by Campus Life Productions, LLC, Jumpview Entertainment, LLC, Michael Simon, Kenneth Waddell. ENDORSEMENT: The Application is granted. (Signed by Judge Paul G. Gardephe on 11/27/2013) (cd) |
| Filing 18 LETTER addressed to Judge Paul G. Gardephe from Matthew A. Glazer dated November 27, 2013 re: Request to Appear by Telephone at Initial Pre-Trial Conference. Document filed by Campus Life Productions, LLC, Jumpview Entertainment, LLC, Michael Simon, Kenneth Waddell.(Glazer, Matthew) |
| Filing 17 LETTER addressed to Judge Paul G. Gardephe from Andrew B. Brettler dated November 26, 2013 re: Request to appear by telephone at initial pre-trial conference. Document filed by Catherine Scorsese.(Brettler, Andrew) |
| Filing 16 JOINT LETTER addressed to Judge Paul G. Gardephe from David B. Jonelis and Matthew A. Glazer dated November 22, 2013 re: Pretrial Conference. Document filed by Catherine Scorsese. (Attachments: #1 Exhibit Civil Case Management Plan and Scheduling Order)(Jonelis, David) |
| Filing 15 NOTICE OF PRETRIAL CONFERENCE: Initial Pretrial Conference set for 12/5/2013 at 11:30 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe, and as further set forth in this document. (Signed by Judge Paul G. Gardephe on 10/29/2013) (cd) |
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Filing 14
ORDER FOR ADMISSION PRO HAC VICE: granting #8 Motion for Justin B. Wineburgh to Appear Pro Hac Vice. (Signed by Judge Paul G. Gardephe on 6/28/2013) (djc)
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Filing 13
ORDER FOR ADMISSION PRO HAC VICE: granting #7 Motion for Matthew A. Glazer to Appear Pro Hac Vice. (Signed by Judge Paul G. Gardephe on 6/28/2013) (djc)
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| Pro Hac Vice Fee Refunded: for #2 MOTION for DAVID BINDER JONELIS to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee refunded for Receipt number 0208-8557036, for the following reason(s): DUPLICATE PAYMENT. (dig) |
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Filing 12
ORDER FOR ADMISSION PRO HAC VICE: granting #6 Motion for MARTIN D. SINGER to Appear Pro Hac Vice. The motion of MARTIN D. SINGER, for admission to practice Pro Hac Vice in the above-captioned action is granted.(Signed by Judge Paul G. Gardephe on 6/21/2013) (ama)
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| Filing 11 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Campus Life Productions, LLC.(Schmidt, Michael) |
| Filing 10 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Jumpview Entertainment, LLC.(Schmidt, Michael) |
| Filing 9 NOTICE OF APPEARANCE by Michael Craig Schmidt on behalf of Campus Life Productions, LLC, Jumpview Entertainment, LLC, Michael Simon, Kenneth Waddell. (Schmidt, Michael) |
| Filing 8 MOTION for Justin Blair Wineburgh to Appear Pro Hac Vice for Defendants. Filing fee $ 200.00, receipt number 0208-8627420. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Campus Life Productions, LLC, Jumpview Entertainment, LLC, Michael Simon, Kenneth Waddell. (Attachments: #1 PA Certificate of Good Standing, #2 NJ Certificate of Good Standing, #3 FL Certificate of Good Standing, #4 Text of Proposed Order)(Wineburgh, Justin) |
| Filing 7 MOTION for Matthew Alan Glazer to Appear Pro Hac Vice for Defendants. Filing fee $ 200.00, receipt number 0208-8627269. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Campus Life Productions, LLC, Jumpview Entertainment, LLC, Michael Simon, Kenneth Waddell. (Attachments: #1 Certificate of Good Standing for Matt Glazer - Pennsylvania, #2 Certificate of Good Standing for Matt Glazer - New Jersey, #3 Text of Proposed Order)(Glazer, Matthew) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #7 MOTION for Matthew Alan Glazer to Appear Pro Hac Vice for Defendants. Filing fee $ 200.00, receipt number 0208-8627269. Motion and supporting papers to be reviewed by Clerk's Office staff., #8 MOTION for Justin Blair Wineburgh to Appear Pro Hac Vice for Defendants. Filing fee $ 200.00, receipt number 0208-8627420. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 6 MOTION for MARTIN D. SINGER to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8607307. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Catherine Scorsese. (Attachments: #1 Text of Proposed Order [Proposed] Order For Admisson Pro Hac Vice)(Singer, Martin) |
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Filing 5
ORDER FOR ADMISSION PRO HAC VICE granting #3 Motion for David B. Jonelis to Appear Pro Hac Vice. (Signed by Judge Paul G. Gardephe on 6/13/2013) (lmb)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #6 MOTION for MARTIN D. SINGER to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8607307. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 4 WAIVER OF SERVICE RETURNED EXECUTED. Campus Life Productions, LLC waiver sent on 5/31/2013, answer due 7/30/2013; Jumpview Entertainment, LLC waiver sent on 5/31/2013, answer due 7/30/2013; Michael Simon waiver sent on 5/31/2013, answer due 7/30/2013; Kenneth Waddell waiver sent on 5/31/2013, answer due 7/30/2013. Document filed by Catherine Scorsese. (Brettler, Andrew) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #3 MOTION for DAVID BINDER JONELIS to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8600243. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bwa) |
| Filing 3 MOTION for DAVID BINDER JONELIS to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8600243. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Catherine Scorsese. (Attachments: #1 Text of Proposed Order [Proposed] Order for Admission Pro Hac Vice)(Jonelis, David) |
| Filing 2 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for DAVID BINDER JONELIS to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Catherine Scorsese. (Attachments: #1 Text of Proposed Order for admission pro hac vice)(Jonelis, David) Modified on 5/30/2013 (bwa). |
| Pro Hac Vice Fee Payment: for #2 MOTION for DAVID BINDER JONELIS to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number 0208-8557036.(Jonelis, David) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #2 MOTION for DAVID BINDER JONELIS to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): Missing Certificate of Good Standing. Certificates of Good Standing must be issued from the State Court. Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a valid Certificate of Good Standing, issued within the past 30 days. (bwa) |
| Filing 1 COMPLAINT against Campus Life Productions, LLC, Jumpview Entertainment, LLC, Michael Simon, Kenneth Waddell. (Filing Fee $ 350.00, Receipt Number 465401065812)Document filed by Catherine Scorsese.(jom) |
| SUMMONS ISSUED as to Campus Life Productions, LLC, Jumpview Entertainment, LLC, Michael Simon, Kenneth Waddell. (jom) |
| Case Designated ECF. (jom) |
| Magistrate Judge Ronald L. Ellis is so designated. (jom) |
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