Ciaramella et al v. Zucker
| Frank Ciaramella and Richard Palazzolo |
| Howard Zucker |
| 1:2018cv06945 |
| August 2, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Richmond |
| J Paul Oetken |
| Civil Rights: Other |
| 28 U.S.C. § 1331 cv |
| None |
Docket Report
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This docket was last retrieved on May 31, 2024. A more recent docket listing may be available from PACER.
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Filing 57
LETTER MOTION for Leave to File Supplemental Declaration Attaching Exhibit addressed to Judge J. Paul Oetken from Cara B. Chomski dated September 28, 2018. Document filed by Howard Zucker.(Chomski, Cara)
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Filing 56
DECLARATION of Dr. Michele Griguts in Support re: #47 MOTION to Dismiss the Class Action Complaint, in Part.. Document filed by Howard Zucker. (Chomski, Cara)
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Filing 55
DECLARATION of Dr. Michele Griguts in Opposition re: #8 MOTION to Certify Class .. Document filed by Howard Zucker. (Chomski, Cara)
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Filing 54
DECLARATION of Dr. Khalil Alshaer in Support re: #47 MOTION to Dismiss the Class Action Complaint, in Part.. Document filed by Howard Zucker. (Attachments: #1 Exhibit A)(Chomski, Cara)
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Filing 53
DECLARATION of Dr. Khalil Alshaer in Opposition re: #8 MOTION to Certify Class .. Document filed by Howard Zucker. (Attachments: #1 Exhibit A)(Chomski, Cara)
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Filing 52
DECLARATION of Hope Goldhaber in Opposition re: #8 MOTION to Certify Class .. Document filed by Howard Zucker. (Chomski, Cara)
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Filing 51
DECLARATION of Erin Kate Calicchia in Opposition re: #8 MOTION to Certify Class .. Document filed by Howard Zucker. (Chomski, Cara)
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Filing 50
MEMORANDUM OF LAW in Opposition re: #8 MOTION to Certify Class . . Document filed by Howard Zucker. (Chomski, Cara)
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Filing 49
DECLARATION of Philip M. Black in Support re: #47 MOTION to Dismiss the Class Action Complaint, in Part.. Document filed by Howard Zucker. (Attachments: #1 Exhibit DAFH)(Black, Philip)
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Filing 48
MEMORANDUM OF LAW in Support re: #47 MOTION to Dismiss the Class Action Complaint, in Part. . Document filed by Howard Zucker. (Black, Philip)
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Filing 47
MOTION to Dismiss the Class Action Complaint, in Part. Document filed by Howard Zucker.(Black, Philip)
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Filing 46
NOTICE OF APPEARANCE by Philip Marcel Black on behalf of Howard Zucker. (Black, Philip)
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Filing 45
DECLARATION of Wesley R. Powell in Support re: #15 Proposed Order to Show Cause Without Emergency Relief. Document filed by Frank Ciaramella. (Attachments: #1 Exhibit 1: September 13, 2018 Letter from Mary Eaton to Cara Chomski, #2 Exhibit 2: Excerpts of the New York Medicaid Program Dental Policy and Procedure Code Manual)(Powell, Wesley)
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Filing 44
REPLY MEMORANDUM OF LAW in Support re: #15 Proposed Order to Show Cause Without Emergency Relief . Document filed by Frank Ciaramella. (Powell, Wesley)
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CASHIERS OFFICE REGISTRY DEPOSIT as per #29 Order to Show Cause, dated 9/5/2018, from Judge J. Paul Oetken, received $1,000.00 from Frank Ciaramella Receipt Number 46540128704 on 9/19/2018. (nm)
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Filing 43
AFFIDAVIT OF SERVICE of Order to Show Cause served on Attorney General of the State of New York on 9/10/18. Service was accepted by Puja Nag, Receptionist. Document filed by Frank Ciaramella. (Eaton, Mary)
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Filing 42
AFFIDAVIT OF SERVICE of Order to Show Cause served on Howard Zucker on 9/10/18. Service was made by MAIL. Document filed by Frank Ciaramella. (Eaton, Mary)
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Filing 41
CERTIFICATE OF SERVICE of Plaintiffs' Notice of Motion for Class Certification served on Cara B. Chomski, Esq. on 8/23/18. Service was accepted by Puja Nag, Receptionist. Document filed by Frank Ciaramella, Richard Palazzolo. (Fleming, Timothy)
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Filing 40
NOTICE OF APPEARANCE by Timothy Gerard Fleming on behalf of Frank Ciaramella, Richard Palazzolo. (Fleming, Timothy)
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Filing 39
DECLARATION of Cara B. Chomski in Opposition re: #29 Order to Show Cause,,,,,,. Document filed by Howard Zucker. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Chomski, Cara)
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Filing 38
DECLARATION of Dr. Michele Griguts in Opposition re: #29 Order to Show Cause,,,,,,. Document filed by Howard Zucker. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Chomski, Cara)
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Filing 37
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (SEE #39 Declaration) - RESPONSE TO ORDER TO SHOW CAUSE re: #29 Order to Show Cause. DECLARATION of Cara B. Chomski in Opposition re: #34 Response to Order to Show Cause. Document filed by Howard Zucker. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Chomski, Cara) Modified on 9/18/2018 (db).
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Filing 36
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (SEE #38 Declaration) - RESPONSE TO ORDER TO SHOW CAUSE re: #29 Order to Show Cause. DECLARATION of Dr. Michele Griguts in Opposition re: #34 Response to Order to Show Cause. Document filed by Howard Zucker. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Chomski, Cara) Modified on 9/18/2018 (db).
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Filing 35
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - RESPONSE TO ORDER TO SHOW CAUSE re: #29 Order to Show Cause,,,,,,., DECLARATION of Dr. Khalil Alshaer in Opposition re: #34 Response to Order to Show Cause. Document filed by Howard Zucker. (Attachments: #1 Exhibit A)(Chomski, Cara) Modified on 9/18/2018 (db).
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Filing 34
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - RESPONSE TO ORDER TO SHOW CAUSE re: #29 Order to Show Cause,,,,,,. Document filed by Howard Zucker. (Chomski, Cara) Modified on 9/18/2018 (db).
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Filing 33
DECLARATION of Dr. Khalil Alshaer in Opposition re: #29 Order to Show Cause,,,,,,. Document filed by Howard Zucker. (Attachments: #1 Exhibit A)(Chomski, Cara)
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Filing 32
MEMORANDUM OF LAW in Opposition re: #29 Order to Show Cause,,,,,, . Document filed by Howard Zucker. (Chomski, Cara)
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Filing 31
NOTICE OF CHANGE OF ADDRESS by Bart Robin Schwartz on behalf of Frank Ciaramella, Richard Palazzolo. New Address: Willkie Farr & Gallagher LLP, 787 Seventh Avenue, New York, NY, USA 10019, 212-728-8000. (Schwartz, Bart)
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Filing 30
ORDER: denying #26 Letter Motion to Stay ; denying #28 Letter Motion to Expedite. The Court issued an Order to Show Cause on September 4, 2018, setting deadlines for Defendant's response and Plaintiffs' reply, and scheduling a hearing for October 2, 2018, at 4:00 p.m. Accordingly, Defendant's motion to stay and Plaintiffs' motion to expedite are DENIED. The Clerk of Court is directed to close the motions at Docket Numbers 26 and 28. SO ORDERED. (Signed by Judge J. Paul Oetken on 9/04/2018) (ama)
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Filing 29
ORDER TO SHOW CAUSE: ORDERED that the above-named defendant show cause before the Honorable J. Paul Oetken, United States District Judge, Southern District of New York, in Court Room 706, 40 Foley Square, in the City, County, and State of New York, on October 2, 2018 at 4:00 p.m., why an order should not be issued pursuant to Rule 65 of the Federal Rules of Civil Procedure enjoining the defendant during the pendency of this action from continued enforcement of Defendant's restrictions on Medicaid coverage for dental implants and related services, as well as replacement dentures; ORDERED that answering papers shall be served on Plaintiffs' counsel by hand on or before September 17, 2018; and it is further ORDERED that reply papers shall be served on Defendants' counsel by hand on or before September 26, 2018; and it is further ORDERED that serving the Order to Show Cause by certified mail to Howard Zucker, New York State Department of Health, Corning Tower, Empire State Plaza, Albany, NY 12237combined with serving the Attorney General of the State of New York by personal service at 120 Broadway, New York NY 10271 on or before September 12, 2018, shall be deemed good and sufficient service on the Defendant; and it is further ORDERED that security in the $ 1000 will be posted by September 21, 2018. Show Cause Hearing set for 10/2/2018 at 04:00 PM in Courtroom 706, 40 Centre Street, New York, NY 10007 before Judge J. Paul Oetken. (Signed by Judge J. Paul Oetken on 9/05/2018) (ama)
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Filing 28
LETTER MOTION to Expedite in response to ECF #26 addressed to Judge J. Paul Oetken from Wesley R. Powell dated 9/4/18. Document filed by Frank Ciaramella.(Powell, Wesley)
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Filing 27
ORDER granting #25 Letter Motion for Extension of Time. GRANTED. DEFENDANT SHALL RESPOND TO THE COMPLAINT AND MOTION FOR CLASS CERTIFICATION ON OR BEFORE SEPTEMBER 27, 2018. PLAINTIFFS SHALL FILE ANY REPLY ON CLASS CERTIFICATION ON OR BEFORE OCTOBER 18, 2018. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.)
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Filing 26
FIRST LETTER MOTION to Stay re: #15 Proposed Order to Show Cause Without Emergency Relief until September 14, 2018 addressed to Judge J. Paul Oetken from Cara B. Chomski dated August 30, 2018. Document filed by Howard Zucker.(Chomski, Cara)
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Filing 25
LETTER MOTION for Extension of Time to Respond to Complaint and Motion for Class Certification addressed to Judge J. Paul Oetken from Cara B. Chomski dated August 29, 2018. Document filed by Howard Zucker.(Chomski, Cara)
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Filing 24
NOTICE OF APPEARANCE by Cara Brown Chomski on behalf of Howard Zucker. (Chomski, Cara)
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Filing 23
AFFIDAVIT OF SERVICE of Summons and Complaint served on Howard Zucker on 8/14/18. Service was made by MAIL. Document filed by Frank Ciaramella, Richard Palazzolo. (Powell, Wesley)
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Filing 22
AFFIDAVIT OF SERVICE of Summons and Complaint served on Howard Zucker on 8/13/18. Service was accepted by Kerry-Ann Lawrence (Senior Attorney). Document filed by Frank Ciaramella, Richard Palazzolo. (Powell, Wesley)
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Filing 21
NOTICE OF APPEARANCE by Bart Robin Schwartz on behalf of Frank Ciaramella, Richard Palazzolo. (Schwartz, Bart)
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Filing 20
DECLARATION of Wesley R. Powell in Support re: #15 Proposed Order to Show Cause Without Emergency Relief. Document filed by Frank Ciaramella. (Attachments: #1 Exhibit 1: Complaint, #2 Exhibit 2: Oral Health in America, #3 Exhibit 3: Oral Health Care- A State by State Analysis, #4 Exhibit 4: Access to Dental Care in Medicaid, #5 Exhibit 5: NY Medicaid Dental Policy and Procedure Manual, #6 Exhibit 6: Oxford Dictionary of Dentistry, #7 Exhibit 7: McGill Consensus Statement on Overdentures, #8 Exhibit 8: Two Implant Retained Overdentures, #9 Exhibit 9: Bone Manipulation Procedures in Dental Implants, #10 Exhibit 10: NY State Medicaid Program Physician Procedure Code Manual- Section 5: Surgery)(Powell, Wesley)
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Filing 19
DECLARATION of Victor Badner, DMD, MPH in Support re: #15 Proposed Order to Show Cause Without Emergency Relief. Document filed by Frank Ciaramella. (Attachments: #1 Exhibit 1: Curriculum Vitae of Victor Badner, DMD, MPH)(Powell, Wesley)
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Filing 18
DECLARATION of Karla DeBratto in Support re: #15 Proposed Order to Show Cause Without Emergency Relief. Document filed by Frank Ciaramella. (Attachments: #1 Exhibit 1: Curriculum Vitae of Karla DeBratto)(Powell, Wesley)
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Filing 17
DECLARATION of Frank Ciaramella in Support re: #15 Proposed Order to Show Cause Without Emergency Relief. Document filed by Frank Ciaramella. (Attachments: #1 Exhibit Coverage Denial Letter dated August 2016, #2 Exhibit Coverage Denial Letter dated May 2018)(Powell, Wesley)
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Filing 16
MEMORANDUM OF LAW in Support re: #15 Proposed Order to Show Cause Without Emergency Relief . Document filed by Frank Ciaramella. (Powell, Wesley)
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Filing 15
PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Frank Ciaramella. (Powell, Wesley) Proposed Order to be reviewed by Clerk's Office staff.
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***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #15 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (km)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Notice to attorney Wesley Powell to RE-FILE Document No. #14 Proposed Order to Show Cause Without Emergency Relief. The filing is deficient for the following reason(s): The Order to Show Cuase does not have the Required Bond Language for security. Re-file the document using the event type Proposed Order to Show Cause Without Emergency Relief found under the event list Proposed Orders. - select the correct filer/filers - attach the correct signed (scanned signature image) and dated PDF. Before re-filing, Add at the end of the OTSC but before the Judge's signature line (Security in the amount of $_________, will be post by _____________. (dt)
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Filing 14
FILING ERROR - DEFICIENT DOCUMENT - PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Frank Ciaramella. (Powell, Wesley) Proposed Order to be reviewed by Clerk's Office staff. Modified on 8/15/2018 (dt).
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Filing 13
DECLARATION of Zachary Tanner in Support re: #8 MOTION to Certify Class .. Document filed by Frank Ciaramella, Richard Palazzolo. (Powell, Wesley)
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Filing 12
DECLARATION of Victor Badner DMD, MPH in Support re: #8 MOTION to Certify Class .. Document filed by Frank Ciaramella, Richard Palazzolo. (Attachments: #1 Exhibit 1: Curriculum Vitae of Victor Badner, D.M.D, M.P.H.)(Powell, Wesley)
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Filing 11
DECLARATION of Frank Ciaramella in Support re: #8 MOTION to Certify Class .. Document filed by Frank Ciaramella, Richard Palazzolo. (Attachments: #1 Exhibit 1: Coverage Denial Letter dated August 2016, #2 Exhibit 2: Coverage Denial Letter dated May 2018)(Powell, Wesley)
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Filing 10
DECLARATION of Wesley Powell in Support re: #8 MOTION to Certify Class .. Document filed by Frank Ciaramella, Richard Palazzolo. (Attachments: #1 Exhibit 1: Complaint, #2 Exhibit 2: Part 1 of 3- Medicaid Dental Policy and Procedures Manual, #3 Exhibit 2: Part 2 of 3- Medicaid Dental Policy and Procedures Manual, #4 Exhibit 2: Part 3 of 3- Medicaid Dental Policy and Procedures Manual, #5 Exhibit 3: Oral Health in America: A Report of the Surgeon General, #6 Exhibit 4: How Dental Inequality Hurts Americans, #7 Exhibit 5: Dental Implants FAQ, #8 Exhibit 6: Facts and Figures, #9 Exhibit 7: New York Counties by Population, Medicaid Enrollment, and Enrollment Rates)(Powell, Wesley)
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Filing 9
MEMORANDUM OF LAW in Support re: #8 MOTION to Certify Class . . Document filed by Frank Ciaramella, Richard Palazzolo. (Powell, Wesley)
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Filing 8
MOTION to Certify Class . Document filed by Frank Ciaramella, Richard Palazzolo.(Powell, Wesley)
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Filing 7
NOTICE OF APPEARANCE by Rebecca Antar Novick on behalf of Frank Ciaramella, Richard Palazzolo. (Novick, Rebecca)
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Filing 6
NOTICE OF APPEARANCE by Belkys Raquel Garcia on behalf of Frank Ciaramella, Richard Palazzolo. (Garcia, Belkys)
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Filing 5
NOTICE OF APPEARANCE by Wesley Railey Powell on behalf of Frank Ciaramella, Richard Palazzolo. (Powell, Wesley)
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Filing 4
ELECTRONIC SUMMONS ISSUED as to Howard Zucker. (pc)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Mary Jane Eaton. The party information for the following party/parties has been modified: Frank Ciaramella. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (pc)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pc)
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Magistrate Judge Henry B. Pitman is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pc)
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Case Designated ECF. (pc)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Howard Zucker, re: #1 Complaint. Document filed by Frank Ciaramella, Richard Palazzolo. (Eaton, Mary)
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Filing 2
CIVIL COVER SHEET filed. (Eaton, Mary)
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Filing 1
COMPLAINT against Howard Zucker. (Filing Fee $ 400.00, Receipt Number 0208-15399431)Document filed by Frank Ciaramella, Richard Palazzolo.(Eaton, Mary)
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