Aspen Specialty Insurance Company v. RCI Hospitality Holdings, Inc. et al
| ASPEN SPECIALTY INSURANCE COMPANY |
| THE END ZONE, INC. and BROADSPIRE SERVICES, INC. |
| RCI HOSPITALITY HOLDINGS, INC. |
| 2:2023cv02354 |
| June 20, 2023 |
| US District Court for the Eastern District of Pennsylvania |
| Philadelphia Office |
| GERALD A MCHUGH |
| GERALD J PAPPERT |
| Contract: Insurance |
| 28 U.S.C. § 2201 Declaratory Judgement |
| Defendant |
Docket Report
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This docket was last retrieved on September 26, 2023. A more recent docket listing may be available from PACER.
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Filing 59
ORDER THAT DEFENDANT BROADSPIRES MOTION TO DISMISS, ECF #10 , IS GRANTED. SIGNED BY HONORABLE GERALD A. MCHUGH ON 9/26/23. 9/26/23 ENTERED AND COPIES E-MAILED, NOT MAILED TO COUNSEL.(bw)
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Filing 58
MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE GERALD A. MCHUGH ON 9/26/23. 9/26/23 ENTERED AND COPIES E-MAILED, NOT MAILED TO COUNSEL.(bw)
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Filing 57
NOTICE of Appearance by MEGAN K. SHANNON on behalf of BROADSPIRE SERVICES, INC. (SHANNON, MEGAN)
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Filing 56
Response in Support of Motion to Dismiss filed in 23-2075 by BROADSPIRE SERVICES, INC.. (TURNER, ASHLEY)
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Filing 55
NOTICE of Appearance by ASHLEY LAUREN TURNER on behalf of BROADSPIRE SERVICES, INC. (TURNER, ASHLEY)
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Filing 54
Response to Complaint in C.A. No. 2:23-cv-02075 by ASPEN SPECIALTY INSURANCE COMPANY. (SMITH, MICHAEL)
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Filing 53
ORDER THAT CASE 23-2075 SHALL BE CONSOLIDATED WITH CASE 23-2354. SIGNED BY HONORABLE GERALD A. MCHUGH ON 8/7/23. 8/7/23 ENTERED & E-MAILED.(fdc)
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COPY OF DOC. NOS. 50, 51 AND 52 HAS BEEN MAILED TO COUNSEL. (bw)
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Filing 52
ORDER THAT THE MOTION FOR PRO HAC VICE #49 IS GRANTED. SIGNED BY HONORABLE GERALD A. MCHUGH ON 8/3/23.8/3/23 ENTERED AND COPIES E-MAILED, NOT MAILED TO COUNSEL.(bw)
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Filing 51
ORDER THAT THE MOTION FOR PRO HAC VICE #48 SIGNED BY HONORABLE GERALD A. MCHUGH ON 8/3/23.8/3/23 ENTERED AND COPIES E-MAILED, NOT MAILED TO COUNSEL.(bw)
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Filing 50
ORDER THAT THE MOTION FOR PRO HAC VICE #47 IS GRANTED. SIGNED BY HONORABLE GERALD A. MCHUGH ON 8/3/23.8/3/23 ENTERED AND COPIES E-MAILED, NOT MAILED TO COUNSEL.(bw) Modified on 8/3/2023 (bw).
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Filing 49
MOTION for Pro Hac Vice (Joshua A. Zelen) ( Filing fee $ 75 receipt number APAEDC-16857412.) filed by RCI HOSPITALITY HOLDINGS, INC., THE END ZONE, INC..Certificate of Service.(HANS, PAMELA)
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Filing 48
MOTION for Pro Hac Vice (Rebecca DiMasi) ( Filing fee $ 75 receipt number APAEDC-16857393.) filed by RCI HOSPITALITY HOLDINGS, INC., THE END ZONE, INC..Certificate of Service.(HANS, PAMELA)
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Filing 47
MOTION for Pro Hac Vice (Dennis J. Artese) ( Filing fee $ 75 receipt number APAEDC-16857378.) filed by RCI HOSPITALITY HOLDINGS, INC., THE END ZONE, INC..Certificate of Service.(HANS, PAMELA)
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Filing 46
ORDER THAT THIS CASE IS REASSIGNED FROM HONORABLE GERALD J. PAPPERT TO HONORABLE GERALD A. MCHUGH FOR ALL FURTHER PROCEEDINGS. SIGNGED BY BY GEORGE V WYLESOL, CLERK OF COURT ON 8/1/23. 8/1/23 ENTERED AND COPIES E-MAILED, MAILED TO COUNSEL.(bw) Modified on 8/2/2023 (lisad, ).
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Filing 45
NOTICE of Appearance by PAMELA DIANNE HANS on behalf of RCI HOSPITALITY HOLDINGS, INC., THE END ZONE, INC. with Certificate of Service(HANS, PAMELA)
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Filing 44
NOTICE of Appearance by BRYAN PETRILLA on behalf of ASPEN SPECIALTY INSURANCE COMPANY with Certificate of Service(PETRILLA, BRYAN)
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Filing 43
NOTICE of Appearance by MICHAEL J. SMITH on behalf of ASPEN SPECIALTY INSURANCE COMPANY with Certificate of Service(SMITH, MICHAEL)
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Filing 42
Case transferred in from District of New York Southern; Case Number 1:20-cv-04308. Original file certified copy of transfer order and docket sheet received.
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Filing 41
OPINION AND ORDER re: #20 CROSS MOTION to Transfer Case , in the Alternative, to the Eastern District of Pennsylvania under 28 USC 1404(a), 1406(a)or 1631. filed by Aspen Specialty Insurance Company, #14 MOTION to Dismiss for Lack of Jurisdiction . filed by RCI Hospitality Holdings, Inc., The End Zone, Inc.. Defendants' motion to dismiss on the grounds of lack of personal jurisdiction is GRANTED; however, in the interest of justice, Plaintiff's motion to transfer this action to the Eastern District of Pennsylvania is GRANTED. The Clerk of Court is respectfully directed to close all open motions on the docket, terminate this action, and transfer the case forthwith to the Eastern District of Pennsylvania. The seven-day waiting period set forth in Local Rule 83.1 is hereby waived so that the case may be transferred without delay. SO ORDERED. (Signed by Judge Vernon S. Broderick on 6/20/2023) (kv) [Transferred from New York Southern on 6/20/2023.]
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CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of Pennsylvania.(kv) [Transferred from New York Southern on 6/20/2023.]
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Filing 40
AFFIDAVIT OF SERVICE. Document filed by Aspen Specialty Insurance Company..(Fishbein, Aaron) [Transferred from New York Southern on 6/20/2023.]
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Filing 39
ANSWER to #37 Counterclaim. Document filed by Aspen Specialty Insurance Company..(Fishbein, Aaron) [Transferred from New York Southern on 6/20/2023.]
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Filing 38
LETTER addressed to Judge Vernon S. Broderick from Dennis J. Artese dated 6/02/2023 re: Motion to Dismiss/Transfer (Dkt. No 14). Document filed by RCI Hospitality Holdings, Inc., The End Zone, Inc...(Artese, Dennis) [Transferred from New York Southern on 6/20/2023.]
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Filing 37
ANSWER to #1 Complaint with JURY DEMAND., COUNTERCLAIM against Aspen Specialty Insurance Company. Document filed by The End Zone, Inc., RCI Hospitality Holdings, Inc...(Artese, Dennis) [Transferred from New York Southern on 6/20/2023.]
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Filing 36
MEMO ENDORSEMENT granting #34 Motion to Withdraw as Attorney. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. Attorney Deborah Beth Koplovitz terminated. (Signed by Judge Vernon S. Broderick on 5/30/2023) (tg) [Transferred from New York Southern on 6/20/2023.]
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Filing 35
DECLARATION of Deborah Koplovitz in Support re: #34 MOTION for Deborah B. Koplovitz to Withdraw as Attorney .. Document filed by RCI Hospitality Holdings, Inc., The End Zone, Inc...(Koplovitz, Deborah) [Transferred from New York Southern on 6/20/2023.]
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Filing 34
MOTION for Deborah B. Koplovitz to Withdraw as Attorney . Document filed by RCI Hospitality Holdings, Inc., The End Zone, Inc...(Koplovitz, Deborah) [Transferred from New York Southern on 6/20/2023.]
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Filing 33
MEMO ENDORSEMENT granting #31 Motion to Withdraw as Attorney. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. Attorney Marc Laurance Abrams and Scott Adam Rader terminated. (Signed by Judge Vernon S. Broderick on 5/22/2023) (tg) [Transferred from New York Southern on 6/20/2023.]
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Filing 32
DECLARATION of Marc L. Abrams in Support re: #31 MOTION for Marc L. Abrams and Scott A. Rader to Withdraw as Attorney .. Document filed by Aspen Specialty Insurance Company..(Abrams, Marc) [Transferred from New York Southern on 6/20/2023.]
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Filing 31
MOTION for Marc L. Abrams and Scott A. Rader to Withdraw as Attorney . Document filed by Aspen Specialty Insurance Company..(Abrams, Marc) [Transferred from New York Southern on 6/20/2023.]
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Filing 30
NOTICE OF APPEARANCE by Aaron Frederick Fishbein on behalf of Aspen Specialty Insurance Company..(Fishbein, Aaron) [Transferred from New York Southern on 6/20/2023.]
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Filing 29
ORDER granting #27 Motion for REBECCA DIMASI, ESQ to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (msa) [Transferred from New York Southern on 6/20/2023.]
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Filing 28
PROPOSED ORDER. Document filed by RCI Hospitality Holdings, Inc., The End Zone, Inc.. Related Document Number: #27 ..(Artese, Dennis) Proposed Order to be reviewed by Clerk's Office staff. [Transferred from New York Southern on 6/20/2023.]
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Filing 27
MOTION for REBECCA DIMASI, ESQ to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by RCI Hospitality Holdings, Inc., The End Zone, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Text of Proposed Order).(Artese, Dennis) [Transferred from New York Southern on 6/20/2023.]
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Filing 26
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for REBECCA DIMASI, ESQ to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22043415. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by RCI Hospitality Holdings, Inc., The End Zone, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Artese, Dennis) Modified on 10/8/2020 (vba). [Transferred from New York Southern on 6/20/2023.]
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #27 MOTION for REBECCA DIMASI, ESQ to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) [Transferred from New York Southern on 6/20/2023.]
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #26 MOTION for REBECCA DIMASI, ESQ to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22043415. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Proposed Order;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (vba) [Transferred from New York Southern on 6/20/2023.]
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Filing 25
REPLY MEMORANDUM OF LAW in Support re: #20 CROSS MOTION to Transfer Case , in the Alternative, to the Eastern District of Pennsylvania under 28 USC 1404(a), 1406(a)or 1631. . Document filed by Aspen Specialty Insurance Company..(Abrams, Marc) [Transferred from New York Southern on 6/20/2023.]
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Filing 24
DECLARATION of Scott J. Sherman, ESQ. in Support re: #20 CROSS MOTION to Transfer Case , in the Alternative, to the Eastern District of Pennsylvania under 28 USC 1404(a), 1406(a)or 1631., #14 MOTION to Dismiss for Lack of Jurisdiction .. Document filed by RCI Hospitality Holdings, Inc., The End Zone, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Artese, Dennis) [Transferred from New York Southern on 6/20/2023.]
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Filing 23
REPLY MEMORANDUM OF LAW in Support re: #20 CROSS MOTION to Transfer Case , in the Alternative, to the Eastern District of Pennsylvania under 28 USC 1404(a), 1406(a)or 1631., #14 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by RCI Hospitality Holdings, Inc., The End Zone, Inc...(Artese, Dennis) [Transferred from New York Southern on 6/20/2023.]
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Filing 22
DECLARATION of Scott A. Rader in Opposition re: #14 MOTION to Dismiss for Lack of Jurisdiction .. Document filed by Aspen Specialty Insurance Company. (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, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N).(Rader, Scott) [Transferred from New York Southern on 6/20/2023.]
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Filing 21
MEMORANDUM OF LAW in Opposition re: #14 MOTION to Dismiss for Lack of Jurisdiction . and in Support of #20 CROSS MOTION to Transfer Case, in the Alternative, to the Eastern District of Pennsylvania under 28 USC 1404(a), 1406(a)or 1631. Document filed by Aspen Specialty Insurance Company..(Abrams, Marc) [Transferred from New York Southern on 6/20/2023.]
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Filing 20
CROSS MOTION to Transfer Case , in the Alternative, to the Eastern District of Pennsylvania under 28 USC 1404(a), 1406(a)or 1631. Document filed by Aspen Specialty Insurance Company..(Rader, Scott) [Transferred from New York Southern on 6/20/2023.]
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Filing 19
NOTICE OF APPEARANCE by Scott Adam Rader on behalf of Aspen Specialty Insurance Company..(Rader, Scott) [Transferred from New York Southern on 6/20/2023.]
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Filing 18
ORDER: On July 31, 2020, Defendants filed a motion to dismiss the complaint pursuant to Federal Rules of Civil Procedure 12(b)(2) and (3). (Doc. 14.) Under Federal Rule of Civil Procedure 15(a)(1)(B), a plaintiff has 21 days after the service of a motion under Rule 12(b) to amend the complaint once as a matter of course. Accordingly, it is hereby: ORDERED that Plaintiff shall file any amended complaint by August 21, 2020. It is unlikely that Plaintiff will have a further opportunity to amend. IT IS FURTHER ORDERED that if no amended complaint is filed, Plaintiff shall serve any opposition to the motion to dismiss by August 31, 2020. Defendants' reply, if any, shall be served by September 14, 2020. At the time any reply is served, the moving party shall supply Chambers with two courtesy copies of all motion papers pursuant to my Individual Rules by mailing or delivering them to the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. ( Amended Pleadings due by 8/21/2020.) (Signed by Judge Vernon S. Broderick on 8/4/2020) (mro) [Transferred from New York Southern on 6/20/2023.]
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Filing 17
DECLARATION of DENNIS J. ARTESE, ESQ. in Support re: #14 MOTION to Dismiss for Lack of Jurisdiction .. Document filed by RCI Hospitality Holdings, Inc., The End Zone, Inc.. (Attachments: #1 Exhibit 1).(Artese, Dennis) [Transferred from New York Southern on 6/20/2023.]
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Filing 16
DECLARATION of SCOTT J. SHERMAN, ESQ. in Support re: #14 MOTION to Dismiss for Lack of Jurisdiction .. Document filed by RCI Hospitality Holdings, Inc., The End Zone, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4).(Artese, Dennis) [Transferred from New York Southern on 6/20/2023.]
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Filing 15
MEMORANDUM OF LAW in Support re: #14 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by RCI Hospitality Holdings, Inc., The End Zone, Inc...(Artese, Dennis) [Transferred from New York Southern on 6/20/2023.]
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Filing 14
MOTION to Dismiss for Lack of Jurisdiction . Document filed by RCI Hospitality Holdings, Inc., The End Zone, Inc...(Artese, Dennis) [Transferred from New York Southern on 6/20/2023.]
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Filing 13
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent 2908 Columbus LLC for The End Zone, Inc.. Document filed by The End Zone, Inc...(Artese, Dennis) [Transferred from New York Southern on 6/20/2023.]
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Filing 12
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by RCI Hospitality Holdings, Inc...(Artese, Dennis) [Transferred from New York Southern on 6/20/2023.]
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Filing 11
ORDER granting #10 Letter Motion for Extension of Time to Answer. APPLICATION GRANTED. RCI Hospitality Holdings, Inc. answer due 7/31/2020; The End Zone, Inc. answer due 7/31/2020. (Signed by Judge Vernon S. Broderick on 6/30/2020) (mro) [Transferred from New York Southern on 6/20/2023.]
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Filing 10
LETTER MOTION for Extension of Time to File Answer addressed to Judge Vernon S. Broderick from Deborah B. Koplovitz dated 06/26/2020. Document filed by RCI Hospitality Holdings, Inc., The End Zone, Inc...(Koplovitz, Deborah) [Transferred from New York Southern on 6/20/2023.]
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Filing 9
NOTICE OF APPEARANCE by Deborah Beth Koplovitz on behalf of RCI Hospitality Holdings, Inc., The End Zone, Inc...(Koplovitz, Deborah) [Transferred from New York Southern on 6/20/2023.]
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Filing 8
NOTICE OF APPEARANCE by Dennis Joseph Artese, Jr on behalf of RCI Hospitality Holdings, Inc., The End Zone, Inc...(Artese, Dennis) [Transferred from New York Southern on 6/20/2023.]
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Filing 7
ELECTRONIC SUMMONS ISSUED as to The End Zone, Inc...(pne) [Transferred from New York Southern on 6/20/2023.]
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Filing 6
ELECTRONIC SUMMONS ISSUED as to RCI Hospitality Holdings, Inc...(pne) [Transferred from New York Southern on 6/20/2023.]
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Magistrate Judge Robert W. Lehrburger 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. (pne) [Transferred from New York Southern on 6/20/2023.]
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. 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..(pne) [Transferred from New York Southern on 6/20/2023.]
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Case Designated ECF. (pne) [Transferred from New York Southern on 6/20/2023.]
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Filing 5
REQUEST FOR ISSUANCE OF SUMMONS as to The End Zone, Inc., re: #1 Complaint. Document filed by Aspen Specialty Insurance Company..(Abrams, Marc) [Transferred from New York Southern on 6/20/2023.]
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to RCI Hospitality Holdings, Inc., re: #1 Complaint. Document filed by Aspen Specialty Insurance Company..(Abrams, Marc) [Transferred from New York Southern on 6/20/2023.]
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Aspen Specialty Insurance Company..(Abrams, Marc) [Transferred from New York Southern on 6/20/2023.]
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Filing 2
CIVIL COVER SHEET filed..(Abrams, Marc) [Transferred from New York Southern on 6/20/2023.]
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Filing 1
COMPLAINT against RCI Hospitality Holdings, Inc., The End Zone, Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-20130744)Document filed by Aspen Specialty Insurance Company..(Abrams, Marc) [Transferred from New York Southern on 6/20/2023.]
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