Sanders v. Sanders
Plaintiff: Scott Eric Sanders
Defendant: Baker Botts, LLP, Michael Ury, Cosmo Occhiogrosso, Andrew Lankler, Scott Lavin, Marcie Lynn Sanders, Anthony J. Domino, Jr., Robinson Brog Leiwand Greene Genovese & Gluck PC, Esq. A. Mitchell Greene, Suzanne Ury, CJO Consulting Ltd. and Franklin Ury
Case Number: 1:2020cv05621
Filed: July 21, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Valerie E Caproni
Nature of Suit: Racketeer/Corrupt Organization
Cause of Action: 18 U.S.C. § 1961
Jury Demanded By: Plaintiff
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This docket was last retrieved on December 17, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 21, 2020 Opinion or Order Filing 44 CASE TRANSFERRED IN from the United States District Court - District of Florida Southern; Case Number: 9:20-cv-80725. Original file certified copy of transfer order and docket entries received. (sjo)
July 21, 2020 Opinion or Order Magistrate Judge Ona T. Wang 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sjo)
July 21, 2020 Opinion or Order Case Designated ECF. (sjo)
July 21, 2020 Opinion or Order NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo)
July 21, 2020 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Valerie E. Caproni. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions. (sjo)
July 20, 2020 Opinion or Order Filing 43 ORDER GRANTING DEFENDANTS MOTION TO TRANSFER denying as moot #41 Motion for Extension of Time; denying as moot #13 Motion to Dismiss for Failure to State a Claim; granting #14 Motion to Change Venue; denying as moot #15 Motion to Dismiss; denying as moot #16 Motion ; denying as moot #18 Motion to Dismiss. Signed by Judge Donald M. Middlebrooks on 7/20/2020. See attached document for full details. (yha) [Transferred from Florida Southern on 7/21/2020.]
July 20, 2020 Opinion or Order Civil Case Terminated. Closing Case per #43 Order (yha) [Transferred from Florida Southern on 7/21/2020.]
July 6, 2020 Opinion or Order Filing 42 RESPONSE to Motion re #41 Plaintiff's MOTION for Extension of Time and/or Continuance (to file Joint Discovery Plan) filed by Baker Botts LLP, Andrew Lankler, Scott Lavin, Robinson Brog Leiwand Greene Genovese & Gluck PC, a. mitchell greene. Replies due by 7/13/2020. (Gardner, Christine) [Transferred from Florida Southern on 7/21/2020.]
July 3, 2020 Opinion or Order Filing 41 Plaintiff's MOTION for Extension of Time and/or Continuance (to file Joint Discovery Plan) by Scott Eric Sanders. Responses due by 7/17/2020 (Attachments: #1 Exhibit Joint Scheduling Report)(Lage, Gustavo) [Transferred from Florida Southern on 7/21/2020.]
July 3, 2020 Opinion or Order Filing 40 Defendant's SCHEDULING REPORT - Rule 26(f) by Baker Botts LLP, Anthony J. Domino, Jr., Andrew Lankler, Scott Lavin, Robinson Brog Leiwand Greene Genovese & Gluck PC, Marcie Lynn Sanders, Franklin Ury, Michael Ury, Suzanne Ury, a. mitchell greene (Gardner, Christine) [Transferred from Florida Southern on 7/21/2020.]
June 24, 2020 Opinion or Order Filing 39 PAPERLESS ORDER denying Defendants' Expedited Motion to Stay #36 and granting in part and denying in part #38 Defendants' Corrected Unopposed Motion for Extension of Time. Defendants request that, for the purpose of conserving resources, this case be stayed pending ruling on the multiple Motions to Dismiss currently before this Court. In order to ensure an expeditious resolution of this matter, I decline to stay discovery or initial disclosures. Defendants also request an extension of the deadline to file their Joint Discovery Plan and state in support that additional time should be granted due to the pendency of multiple Motions to Dismiss. Although the Parties should be diligent in conducting discovery despite the pendency of the Motions to Dismiss, in the interest of allowing the Parties adequate time to complete their Joint Discovery Plan, I will grant the Parties a brief extension of time. Accordingly, the Parties shall file their Joint Discovery Plan on or before July 3, 2020. Signed by Judge Donald M. Middlebrooks on 6/24/2020. (gts) [Transferred from Florida Southern on 7/21/2020.]
June 22, 2020 Opinion or Order Filing 38 Corrected MOTION for Extension of Time to File Discovery Plan re #30 Scheduling Order,,,, Order Referring Case to Mediation,,, by Scott Lavin, Robinson Brog Leiwand Greene Genovese & Gluck PC, a. mitchell greene. Responses due by 7/6/2020 (Edwards, Robert) [Transferred from Florida Southern on 7/21/2020.]
June 22, 2020 Opinion or Order Filing 37 Joint MOTION for Extension of Time to File Discovery Plan re #30 Scheduling Order,,,, Order Referring Case to Mediation,,, by Scott Lavin, Robinson Brog Leiwand Greene Genovese & Gluck PC, a. mitchell greene. Responses due by 7/6/2020 (Edwards, Robert) [Transferred from Florida Southern on 7/21/2020.]
June 18, 2020 Opinion or Order Filing 36 MOTION to Stay re #30 Scheduling Order,,,, Order Referring Case to Mediation,,, Defendants' Expedited Joint Motion to Stay Discovery and Initial Disclosures Pending Ruling on Dispositive Motion to Dismiss by Baker Botts LLP, Anthony J. Domino, Jr., Andrew Lankler, Scott Lavin, Robinson Brog Leiwand Greene Genovese & Gluck PC, Marcie Lynn Sanders, Franklin Ury, Michael Ury, a. mitchell greene. Responses due by 7/2/2020 (Ackerman, David) [Transferred from Florida Southern on 7/21/2020.]
June 11, 2020 Opinion or Order Filing 35 REPLY to Response to Motion re #18 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), pursuant to Federal Rules of Civil Procedure 12(b)(2), 12(b)(3), and 12(b)(6) Corrected filed by Marcie Lynn Sanders, Franklin Ury, Michael Ury, Suzanne Ury. (Foslid, Adam) [Transferred from Florida Southern on 7/21/2020.]
June 11, 2020 Opinion or Order Filing 34 REPLY to Response to Motion re #18 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), pursuant to Federal Rules of Civil Procedure 12(b)(2), 12(b)(3), and 12(b)(6) filed by Marcie Lynn Sanders, Franklin Ury, Michael Ury, Suzanne Ury. (Foslid, Adam) [Transferred from Florida Southern on 7/21/2020.]
June 11, 2020 Opinion or Order Filing 33 REPLY to Response to Motion re #15 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), filed by Baker Botts LLP, Andrew Lankler. (Ackerman, David) [Transferred from Florida Southern on 7/21/2020.]
June 11, 2020 Opinion or Order Filing 32 REPLY to Response to Motion re #14 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM filed by Scott Lavin, Robinson Brog Leiwand Greene Genovese & Gluck PC, a. mitchell greene. (Edwards, Robert) [Transferred from Florida Southern on 7/21/2020.]
June 11, 2020 Opinion or Order Filing 31 RESPONSE in Support re #13 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM filed by Anthony J. Domino, Jr.. (Thomson, Andrew) [Transferred from Florida Southern on 7/21/2020.]
June 11, 2020 Opinion or Order Filing 30 PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: ( Amended Pleadings due by 7/13/2020., Discovery due by 10/26/2020., Joinder of Parties due by 7/13/2020., In Limine Motions due by 11/9/2020., Dispositive Motions due by 11/9/2020., Motions due by 11/9/2020., Pretrial Stipulation due by 12/21/2020., Jury Trial set for 1/19/2021 09:00 AM before Judge Donald M. Middlebrooks., Calendar Call set for 1/13/2021 01:15 PM before Judge Donald M. Middlebrooks.) Signed by Magistrate Judge Dave Lee Brannon on 6/11/2020. See attached document for full details. (jao) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. [Transferred from Florida Southern on 7/21/2020.]
June 8, 2020 Opinion or Order Filing 29 NOTICE by Marcie Lynn Sanders, Franklin Ury, Michael Ury, Suzanne Ury re #28 Reply to Response to Order to Show Cause, #27 Reply to Response to Order to Show Cause,, of joinder (Foslid, Adam) [Transferred from Florida Southern on 7/21/2020.]
June 8, 2020 Opinion or Order Filing 28 REPLY to #25 Response to Order to Show Cause by Baker Botts LLP, Andrew Lankler. (Ackerman, David) [Transferred from Florida Southern on 7/21/2020.]
June 8, 2020 Opinion or Order Filing 27 REPLY to #25 Response to Order to Show Cause by Scott Lavin, Robinson Brog Leiwand Greene Genovese & Gluck PC, a. mitchell greene. (Attachments: #1 Exhibit Declaration of Counsel in Connection With teh Court's Order to Show Cause in Reply to Plaintiff's Response to Order to Show Cause, #2 Exhibit Exhibit A - State Action Docket, #3 Exhibit B - May 1, 2020 e-mail, #4 Exhibit C - Confirmation Notice, #5 Exhibit D - May 7, 2020 e-mail, #6 Exhibit E - May 8, 2020 e-mail)(Edwards, Robert) [Transferred from Florida Southern on 7/21/2020.]
June 8, 2020 Opinion or Order Filing 26 ORDER REFERRING CASE AND SETTING TRIAL DATE: ( Jury Trial set for 1/19/2021 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 1/13/2021 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 6/8/2020. See attached document for full details. (jao) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. [Transferred from Florida Southern on 7/21/2020.]
June 4, 2020 Opinion or Order Filing 25 RESPONSE TO ORDER TO SHOW CAUSE re #23 Order to Show Cause by Scott Eric Sanders. (Attachments: #1 Exhibit A - Signed Declaration to Annex to Response to Rule to Show Cause)(Lage, Gustavo) [Transferred from Florida Southern on 7/21/2020.]
June 4, 2020 Opinion or Order Filing 24 RESPONSE in Opposition re #15 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), , #14 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM , #18 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), pursuant to Federal Rules of Civil Procedure 12(b)(2), 12(b)(3), and 12(b)(6), #13 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM Motion for Remand or in the Alternative Motion for Leave to Amend the Complaint filed by Scott Eric Sanders. Attorney Gustavo Daniel Lage added to party Scott Eric Sanders(pty:pla). Replies due by 6/11/2020. (Attachments: #1 Exhibit A - Order Dismissing Case and Denying All Pending Motions as Moot)(Lage, Gustavo) [Transferred from Florida Southern on 7/21/2020.]
June 1, 2020 Opinion or Order Filing 23 ORDER TO SHOW CAUSE. Show Cause Response due by 6/4/2020. Signed by Judge Donald M. Middlebrooks on 6/1/2020. See attached document for full details. (jas) [Transferred from Florida Southern on 7/21/2020.]
May 11, 2020 Opinion or Order Filing 22 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Suzanne Ury (Foslid, Adam) [Transferred from Florida Southern on 7/21/2020.]
May 11, 2020 Opinion or Order Filing 21 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Michael Ury (Foslid, Adam) [Transferred from Florida Southern on 7/21/2020.]
May 11, 2020 Opinion or Order Filing 20 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Franklin Ury (Foslid, Adam) [Transferred from Florida Southern on 7/21/2020.]
May 11, 2020 Opinion or Order Filing 19 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Marcie Lynn Sanders (Foslid, Adam) [Transferred from Florida Southern on 7/21/2020.]
May 8, 2020 Opinion or Order Filing 18 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), pursuant to Federal Rules of Civil Procedure 12(b)(2), 12(b)(3), and 12(b)(6) by Marcie Lynn Sanders, Franklin Ury, Michael Ury, Suzanne Ury. Attorney Adam Michael Foslid added to party Franklin Ury(pty:dft), Attorney Adam Michael Foslid added to party Michael Ury(pty:dft), Attorney Adam Michael Foslid added to party Suzanne Ury(pty:dft). Responses due by 5/22/2020 (Attachments: #1 Exhibit 1 - Plaintiff's Verified Answer, #2 Exhibit 2 - Final Judgment of Divorce, #3 Exhibit 3 - Appellate Briefs of Divorce Proceeding)(Foslid, Adam) [Transferred from Florida Southern on 7/21/2020.]
May 8, 2020 Opinion or Order Filing 17 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Baker Botts LLP, Andrew Lankler (Ackerman, David) [Transferred from Florida Southern on 7/21/2020.]
May 8, 2020 Opinion or Order Filing 16 Defendant's MOTION Request for Judicial Notice re #15 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), by Baker Botts LLP, Andrew Lankler. (Attachments: #1 Exhibit A - Corrected Order of Forfeiture, #2 Exhibit B - Judgment in Criminal Case, #3 Exhibit C - Forfeiture Order, #4 Errata D - Order of Jan. 22, 2020, #5 Exhibit E - Divorce Judgment, #6 Exhibit F - Judgment in Am. Transit, #7 Exhibit G - Order of Default, #8 Exhibit H - Combined Corporate Records)(Ackerman, David) [Transferred from Florida Southern on 7/21/2020.]
May 8, 2020 Opinion or Order Filing 15 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), by Baker Botts LLP, Andrew Lankler. Responses due by 5/22/2020 (Attachments: #1 Exhibit A - Corrected Order of Forfeiture, #2 Exhibit B - Judgment in Criminal Case, #3 Exhibit C - Forfeiture Order, #4 Exhibit D - Order of Jan. 22, 2020, #5 Exhibit E - Divorce Judgment, #6 Exhibit F - Judgment in Am. Transit, #7 Exhibit G - Declaration of A. Lankler, #8 Exhibit H - Order of Default, #9 Exhibit I - Declaration of J. Guttman, #10 Exhibit J - Corporate Records of Pl.'s Companies)(Ackerman, David) [Transferred from Florida Southern on 7/21/2020.]
May 8, 2020 Opinion or Order Filing 14 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM by Scott Lavin, Robinson Brog Leiwand Greene Genovese & Gluck PC, a. mitchell greene. Responses due by 5/22/2020 (Attachments: #1 Memorandum Memorandum of Law in Support of Motion, #2 Exhibit Ex A - Lavin Declaration, #3 Exhibit Ex B - Greene Declaration, #4 Exhibit Ex C - NJ Matrimonial Decision, #5 Exhibit Ex D - May 23 Order, #6 Exhibit Ex E - Answer and Counterclaim)(Edwards, Robert) Modified relief on 7/20/2020 (yha). [Transferred from Florida Southern on 7/21/2020.]
May 8, 2020 Opinion or Order Filing 13 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM by Anthony J. Domino, Jr.. Attorney Andrew Broin Thomson added to party Anthony J. Domino, Jr.(pty:dft). Responses due by 5/22/2020 (Attachments: #1 Exhibit A - Declaration)(Thomson, Andrew) [Transferred from Florida Southern on 7/21/2020.]
May 7, 2020 Opinion or Order Filing 12 PAPERLESS ORDER granting #11 Defendants Robinson Brog Leinwand Greene Genovese & Gluck,Scott Lavin,and A. Mitchell Greene's Motion for Leave to File Excess Pages. Defendants seek leave to file a 25-page Motion to Dismiss and state in support that additional pages are needed due to the numerous arguments which they intend to advance. I find good cause to grant the requested relief. Accordingly, Defendants may file a 25-page Motion to Dismiss. Signed by Judge Donald M. Middlebrooks on 5/7/2020. (gts) [Transferred from Florida Southern on 7/21/2020.]
May 7, 2020 Opinion or Order Filing 11 MOTION for Leave to File Excess Pages by Scott Lavin, Robinson Brog Leiwand Greene Genovese & Gluck PC, a. mitchell greene. (Attachments: #1 Text of Proposed Order)(Edwards, Robert) [Transferred from Florida Southern on 7/21/2020.]
May 7, 2020 Opinion or Order Filing 10 Certificate of Other Affiliates/Corporate Disclosure Statement by Scott Lavin (Edwards, Robert) [Transferred from Florida Southern on 7/21/2020.]
May 7, 2020 Opinion or Order Filing 9 Certificate of Other Affiliates/Corporate Disclosure Statement by a. mitchell greene (Edwards, Robert) [Transferred from Florida Southern on 7/21/2020.]
May 7, 2020 Opinion or Order Filing 8 Certificate of Other Affiliates/Corporate Disclosure Statement by Robinson Brog Leiwand Greene Genovese & Gluck PC (Edwards, Robert) [Transferred from Florida Southern on 7/21/2020.]
May 4, 2020 Opinion or Order Filing 7 NOTICE of Attorney Appearance by Christine Burgess Gardner on behalf of Baker Botts LLP, Andrew Lankler. Attorney Christine Burgess Gardner added to party Baker Botts LLP(pty:dft), Attorney Christine Burgess Gardner added to party Andrew Lankler(pty:dft). (Gardner, Christine) [Transferred from Florida Southern on 7/21/2020.]
May 4, 2020 Opinion or Order Filing 6 Notice of Pending, Refiled, Related or Similar Actions by Baker Botts LLP, Andrew Lankler. Attorney David Paul Ackerman added to party Baker Botts LLP(pty:dft), Attorney David Paul Ackerman added to party Andrew Lankler(pty:dft). (Ackerman, David) [Transferred from Florida Southern on 7/21/2020.]
May 4, 2020 Opinion or Order Filing 5 Notice of Entry of Parties Listed on 3 Clerks Notice to Filer re: Electronic Case, into CM/ECF. NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): Michael Ury, Franklin Ury, Suzanne Ury, Cosmo Occhiogrosso, Anthony J. Domino, Jr., Andrew Lankler, Baker Botts LLP and CJO Consulting Ltd.. (Edwards, Robert) [Transferred from Florida Southern on 7/21/2020.]
May 1, 2020 Opinion or Order Filing 4 Notice of Pending, Refiled, Related or Similar Actions by Scott Lavin, Robinson Brog Leiwand Greene Genovese & Gluck PC, a. mitchell greene (Edwards, Robert) [Transferred from Florida Southern on 7/21/2020.]
May 1, 2020 Opinion or Order Filing 3 Clerks Notice to Filer re: Electronic Case. Parties Not Added. The Filer failed to add all parties associated with the case. Filer is instructed to add the additional parties by filing a Notice of Entry of Parties. It is not necessary to re-file this document. (jbs) [Transferred from Florida Southern on 7/21/2020.]
May 1, 2020 Opinion or Order Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks and Magistrate Judge Dave Lee Brannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Dave Lee Brannon is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (jbs) [Transferred from Florida Southern on 7/21/2020.]
May 1, 2020 Opinion or Order Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 400.00 receipt number AFLSDC-12827037, filed by Robinson Brog Leiwand Greene Genovese & Gluck PC, a. mitchell greene, Scott Lavin. (Attachments: #1 Civil Cover Sheet, #2 Exhibit State Court Complaint, State Court Civil Cover Sheet, State Court Issued Summonses)(Edwards, Robert)(No Dism/Answer) Modified text on 5/1/2020 (jbs). [Transferred from Florida Southern on 7/21/2020.]

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Search for this case: Sanders v. Sanders
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Defendant: Baker Botts, LLP
Represented By: David Paul Ackerman
Represented By: Christine Burgess Gardner
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Defendant: Michael Ury
Represented By: Adam Michael Foslid
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Defendant: Cosmo Occhiogrosso
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Defendant: Andrew Lankler
Represented By: David Paul Ackerman
Represented By: Christine Burgess Gardner
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Defendant: Scott Lavin
Represented By: Ira Gutt
Represented By: Robert Joseph Edwards
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Defendant: Marcie Lynn Sanders
Represented By: Ian M. Ross
Represented By: Adam Michael Foslid
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Defendant: Anthony J. Domino, Jr.
Represented By: Andrew Broin Thomson
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Defendant: Robinson Brog Leiwand Greene Genovese & Gluck PC
Represented By: Ira Gutt
Represented By: Robert Joseph Edwards
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Defendant: Esq. A. Mitchell Greene
Represented By: Ira Gutt
Represented By: Robert Joseph Edwards
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Defendant: Suzanne Ury
Represented By: Adam Michael Foslid
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Defendant: CJO Consulting Ltd.
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Defendant: Franklin Ury
Represented By: Adam Michael Foslid
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Plaintiff: Scott Eric Sanders
Represented By: Gustavo Daniel Lage
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