Weitsman et al v. Levesque
| Upstate Shredding, LLC, Adam Weitsman, Weitsman Shredding, LLC and Weitsman Recycling, LLC |
| Robert Arthur Levesque, III |
| 3:2019cv00461 |
| March 11, 2019 |
| US District Court for the Southern District of California |
| Allison H Goddard |
| Linda Lopez |
| Janis L Sammartino |
| Assault Libel & Slander |
| 28 U.S.C. § 1332 lb |
| Plaintiff |
Docket Report
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| Filing 112 Mail Returned as Undeliverable re #110 Clerk's Judgment. Mail sent to Robert Arthur Levesque, III. (bta) |
| Filing 111 Mail Returned as Undeliverable re #109 Order on Motion to Supplement. Mail sent to Robert Arthur Levesque, III. (bta) |
| Filing 110 CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED that judgment is in favor of Plaintiffs against Defendant. (All non-registered users served via U.S. Mail Service) (tcf) (jms). |
Filing 109
ORDER (1) Granting in Part Plaintiffs' Request for Damages; and (2) Granting in Part Plaintiffs' Request for a Permanent Injunction. Signed by Judge Janis L. Sammartino on 11/20/2020. (All non-registered users served via U.S. Mail Service) (tcf)(jms).
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| Filing 108 Supplemental MOTION to Supplement - Sixth Supplemental Brief in Support of Motion for Permanent Injunction by Upstate Shredding, LLC, Adam Weitsman, Weitsman Recycling, LLC, Weitsman Shredding, LLC. (Attachments: #1 Declaration Catherine Johnson, #2 Exhibit 1, #3 Exhibit 2, #4 Declaration Adam Weitsman, #5 Exhibit 3)(Mohamed, Raeesabbas) (tcf). |
| Filing 107 Mail Returned as Undeliverable re #105 Order on Motion to Supplement. Mail sent to Robert Arthur Levesque III. (bta) |
| Filing 106 Minute Order for proceedings held before Judge Janis L. Sammartino: Status Hearing held; Motions to Supplement #98 #99 #103 #104 taken under submission; Court to issue written order (Court Reporter/ECR Frank Rangus / CRD A Ramos / Plaintiff Attorney Donald R. Brown & Raeesabbas Mohamed / Defendant Attorney Robert Arthur Levesque) (no document attached) (acr) |
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Filing 105
ORDER (1) Deferring Ruling on Plaintiff's Supplemental Briefs and (2) Setting Telephonic Status Conference (ECF Nos. #98 , #99 , #103 , #104 ). In light of Plaintiffs' request for a status conference, see 5th Supp. Br. at 2, 7, the Court DEFERS RULING on Plaintiffs' Supplemental Briefs and SETS a telephonic status conference for 1:30 p.m. on Thursday, November 5, 2020. Signed by Judge Janis L. Sammartino on 10/26/2020. (All non-registered users served via U.S. Mail Service) (tcf)
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| Filing 104 Supplemental MOTION to Supplement Fifth Supplemental Brief In Support of Motion For Permanent Injunction by Adam Weitsman. (Attachments: #1 Declaration Declaration of Catherine Johnson, #2 Exhibit Exhibit 1 to C Johnson Declaration, #3 Exhibit Exhibit 2 to C Johnson Declaration, #4 Exhibit Exhibit 3 to C Johnson Declaration, #5 Exhibit Exhibit 4 to C Johnson Declaration, #6 Exhibit Exhibit 5 to C Johnson Declaration, #7 Exhibit Exhibit 6 to C Johnson Declaration, #8 Declaration Declaration of Adam Weitsman)(Mohamed, Raeesabbas) (tcf). |
| Filing 103 MOTION to Supplement - Fourth Supplemental Brief in Support of Motion for Permanent Injunction by Upstate Shredding, LLC, Adam Weitsman, Weitsman Recycling, LLC, Weitsman Shredding, LLC. (Attachments: #1 Declaration Declaration of Catherine Johnson, #2 Exhibit Ex. 1 - Declaration of C. Johnson, #3 Exhibit Ex. 2 - Declaration of C. Johnson, #4 Exhibit Ex. 3 - Declaration of C. Johnson, #5 Exhibit Ex. 4 - Declaration of C. Johnson, #6 Exhibit Ex. 5 - Declaration of C. Johnson)(Mohamed, Raeesabbas) (jpp). |
| Filing 102 Mail Returned as Undeliverable re #101 Order, Motions Submitted. Mail sent to Robert Arthur Levesque III. (bta) |
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Filing 101
ORDER vacating hearing and taking matters under submission without oral argument (ECF Nos. #98 , #99 ). Signed by Judge Janis L. Sammartino on 4/20/2020.(All non-registered users served via U.S. Mail Service)(jpp) (dlg).
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| Filing 100 NOTICE of Change of Address by Donald R. Brown (Brown, Donald) (jpp). |
| Filing 99 MOTION to Supplement - Plaintiffs' Amended Third Supplemental Brief In Support of Motion for Default Judgment and Injunction by Upstate Shredding, LLC, Adam Weitsman, Weitsman Recycling, LLC, Weitsman Shredding, LLC. (Attachments: #1 Declaration Ex. A - Declaration of A. Weitsman, #2 Declaration Ex. B - Declaration of S. Donnelly, #3 Declaration Ex. C - Declaration of C. Johnson)(Mohamed, Raeesabbas) (jpp). |
| Filing 98 Supplemental MOTION to Supplement In Support of Default Judgment and Injunction by Upstate Shredding, LLC. (Attachments: #1 Declaration Ex. A - Declaration of A Weitsman, #2 Declaration Ex. B - Declaration of C Johnson, #3 Declaration Ex. C - Declaration of S Donnelly)(Mohamed, Raeesabbas)(jpp). |
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Filing 97
ORDER (1) Granting in part and denying in part Plaintiffs' Motion for Default Judgment, (2) Denying without prejudice Plaintiffs' request for a permanent injunction, and (3) Denying as moot Plaintiffs' request for an in-person Status Conference (ECF Nos. #89 , #95 , #96 ). Signed by Judge Janis L. Sammartino on 2/14/2020. (All non-registered users served via U.S. Mail Service)(jpp)
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| Filing 96 NOTICE - REQUEST for In-Person Status Conference Regarding Motion for Entry of Default Judgment by Upstate Shredding, LLC, Adam Weitsman, Weitsman Recycling, LLC, Weitsman Shredding, LLC re #89 MOTION for Default Judgment MOTION for Injunction, #90 Supplemental Briefing,, #95 Supplemental MOTION to Supplement In Support of Default Judgment and Injunction, #94 Notice of Lodgment, (Attachments: #1 Exhibit A)(Mohamed, Raeesabbas) Modified on 1/30/2020 to change event type to motion. (jpp). |
| Filing 95 Supplemental MOTION to Supplement In Support of Default Judgment and Injunction by Adam Weitsman. (Attachments: #1 Declaration Declaration of Catherine Johnson, #2 Exhibit Exhibit 1 to Johnson Declaration, #3 Exhibit Exhibit 2 to Johnson Declaration, #4 Exhibit Exhibit 3 to Johnson Declaration, #5 Exhibit Exhibit 4 to Johnson Declaration)(Mohamed, Raeesabbas) (jpp). |
| Filing 94 NOTICE of Lodgment by Upstate Shredding, LLC, Adam Weitsman, Weitsman Recycling, LLC, Weitsman Shredding, LLC re #89 MOTION for Default Judgment MOTION for Injunction - Notice of Lodging - amended Proposed Order Granting Permanent Injunction (Attachments: #1 Exhibit Exhibit A - Proposed Amended Order Granting Permanent Injunction)(Mohamed, Raeesabbas) (jpp). |
| Filing 93 NOTICE of Change in Firm Name by Upstate Shredding, LLC, Adam Weitsman, Weitsman Recycling, LLC, Weitsman Shredding, LLC (Mohamed, Raeesabbas)Attorney Raeesabbas Mohamed added to party Weitsman Recycling, LLC(pty:pla), Attorney Raeesabbas Mohamed added to party Weitsman Shredding, LLC(pty:pla) (jpp). |
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Filing 92
ORDER OF TRANSFER. Magistrate Judge Linda Lopez is no longer assigned. Case reassigned to Magistrate Judge Allison H. Goddard for all further proceedings. The new case number is 19CV0461-JLS(AHG). Signed by Magistrate Judge Linda Lopez on 9/17/2019.(All non-registered users served via U.S. Mail Service)(jpp)
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Filing 91
ORDER vacating hearing on #89 Motion for Default Judgment and Injunction and taking the matter under submission without oral argument. Signed by Judge Janis L. Sammartino on 8/23/2019.(All non-registered users served via U.S. Mail Service)(jpp)
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| Filing 90 SUPPLEMENTAL BRIEFING by Plaintiffs Upstate Shredding, LLC, Adam Weitsman, Weitsman Recycling, LLC, Weitsman Shredding, LLC re #89 MOTION for Default Judgment MOTION for Injunction Supplemental Brief in Support of Motion for Default Judgment and Injunction. (Attachments: #1 Declaration of Catherine Johnson, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10)(Mohamed, Raeesabbas) (jpp). |
| Filing 89 MOTION for Default Judgment, MOTION for Injunction filed as - Request for Entry of Clerk Default Judgment against Defendant Robert Arthur Levesque, III. (Attachments: #1 Memo of Points and Authorities, #2 Declaration, #3 Exhibit Exhibit 1 to Mohamed Declaration, #4 Exhibit Exhibit 2 to Mohamed Declaration, #5 Exhibit Exhibit 3 to Mohamed Declaration, #6 Exhibit Exhibit 4 to Mohamed Declaration, #7 Exhibit Exhibit 5 to Mohamed Declaration, #8 Exhibit Exhibit 6 to Mohamed Declaration, #9 Exhibit Exhibit 7 to Mohamed Declaration, #10 Exhibit Exhibit 8 to Mohamed Declaration, #11 Exhibit Exhibit 9 to Mohamed Declaration, #12 Exhibit Exhibit 10 to Mohamed Declaration, #13 Exhibit Exhibit 11 to Mohamed Declaration, #14 Exhibit Exhibit 12 to Mohamed Declaration, #15 Declaration)(Mohamed, Raeesabbas) (mme). Added MOTION for Injunction on 7/9/2019 (mme). |
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Filing 88
ORDER Denying as Moot Plaintiff's Motion to Strike. (ECF No. #84 ) Signed by Judge Janis L. Sammartino on 6/12/2019. (All non-registered users served via U.S. Mail Service) (tcf) (jao).
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| Filing 87 Clerk's ENTRY OF DEFAULT as to Robert Arthur Levesque, III (All non-registered users served via U.S. Mail Service)(jpp) |
| Filing 86 Request for Entry of Clerk Default against Robert Arthur Levesque, III. (Attachments: #1 Declaration Declaration of Raeesabbas)(Mohamed, Raeesabbas) (jpp). |
| Filing 85 AMENDED COMPLAINT with Jury Demand Plaintiffs' First Amended Complaint against Robert Arthur Levesque, III, filed by Adam Weitsman, Upstate Shredding, LLC, Weitsman Shredding, LLC, Weitsman Recycling, LLC. (Attachments: #1 Exhibit Exhibit A to First Amended Complaint, #2 Exhibit Exhibit B to First Amended Complaint, #3 Exhibit Exhibit C to First Amended Complaint, #4 Exhibit Exhibit D to First Amended Complaint, #5 Exhibit Exhibit E to First Amended Complaint, #6 Exhibit Exhibit F to First Amended Complaint, #7 Exhibit Exhibit G to First Amended Complaint, #8 Exhibit Exhibit H to First Amended Complaint, #9 Exhibit Exhibit I to First Amended Complaint) (Brown, Donald)(jpp). |
| Filing 84 MOTION to Strike #83 Answer to Complaint by Upstate Shredding, LLC. (Attachments: #1 Memo of Points and Authorities in Support of Plaintiffs' Motion to Strike Portions of Defendant's "Response to Complaint", #2 Declaration of Daniel R. Warner in Support of Plaintiffs' Motion to Strike Portions of Defendant's "Response to Complaint", #3 Exhibit to Declaration of Daniel R. Warner)(Brown, Donald) (jpp). |
| Filing 83 ANSWER to #1 Complaint, by Robert Arthur Levesque, III.(jpp) |
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Filing 82
ORDER Approving the Pro Hac Vice Application of Daniel R. Warner (Re: Doc. No. #79 Request to Appear Pro Hac Vice). Signed by Judge Janis L. Sammartino on 3/28/2019.(All non-registered users served via U.S. Mail Service)(jrd)
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Filing 81
ORDER Approving the Pro Hac Vice Application of Raeesabbas Mohamed (Re: Doc. No. #80 Request to Appear Pro Hac Vice). Signed by Judge Janis L. Sammartino on 3/28/2019.(All non-registered users served via U.S. Mail Service)(jrd)
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| Filing 80 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-12343863.) (Application to be reviewed by Clerk.) (Mohamed, Raeesabbas) (dsn) |
| Filing 79 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-12343788.) (Application to be reviewed by Clerk.) (Warner, Daniel) (dsn) |
| Filing 78 NOTICE of Appearance of Counsel for Plaintiffs by Donald R. Brown on behalf of Upstate Shredding, LLC, Adam Weitsman (Brown, Donald)Attorney Donald R. Brown added to party Upstate Shredding, LLC(pty:pla), Attorney Donald R. Brown added to party Adam Weitsman(pty:pla) (jpp). |
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Filing 77
ORDER setting deadline for Defendant to respond to Plaintiffs' complaint to on or before 4/16/2019. Signed by Judge Janis L. Sammartino on 3/26/2019.(All non-registered users served via U.S. Mail Service)(jpp)
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| Filing 76 JOINT STATUS REPORT by Robert Arthur Levesque, III. NUNC PRO TUNC 3/25/2019 (jpp) |
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Filing 75
Notice of Document Discrepancies and Order Thereon by Judge Janis L. Sammartino Accepting Document: Joint Status Report, from Defendant Robert Arthur Levesque, III. Non-compliance with local rule(s), OTHER: Civ.L. Rule 5.2 - Missing Proof of Service. Nunc Pro Tunc 3/25/2019. Signed by Judge Janis L. Sammartino on 3/26/2019.(All non-registered users served via U.S. Mail Service)(jpp)
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| Filing 74 STATUS REPORT Plaintiffs' Separate by Upstate Shredding, LLC, Adam Weitsman. (Attachments: #1 Exhibit A, #2 Proof of Service Certificate of Service re Plaintiffs' Separate Status Report)(Brown, Donald) (jpp). |
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Filing 73
ORDER ordering parties to file joint status report. Signed by Judge Janis L. Sammartino on 3/13/2019.(All non-registered users served via U.S. Mail Service)(jpp)
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| Filing 72 MINUTE ORDER OF RECUSAL. Judge Michael M. Anello is no longer assigned. Case reassigned to Judge Janis L. Sammartino for all further proceedings. The new case number is 19cv0461-JLS-LL.(no document attached) (cdw) |
| Filing 71 Judge Michael M. Anello and Magistrate Judge Linda Lopez assigned to transfer case from Northern District of New York. (no document attached) (jpp) |
| Filing 70 Case transferred in from District of New York Northern; Case Number 3:17-cv-00727. Original file received electronically |
| Filing 69 Transcript Redaction Request re #67 Transcript,,,, by Richard S. Hartunian. (Hartunian, Richard) [Transferred from New York Northern on 3/11/2019.] |
| Filing 68 NOTICE OF INTENT TO REQUEST REDACTION by Richard S. Hartunian re #67 Transcript,,,, (Hartunian, Richard) [Transferred from New York Northern on 3/11/2019.] |
| Filing 67 TRANSCRIPT of Proceedings: Damages Hearing held on 6/1/2018 before Judge Mae A. D'Agostino, Court Reporter: Jacqueline Stroffolino, Telephone number: (518) 257-1894. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/21/2019. Redacted Transcript Deadline set for 3/4/2019. Release of Transcript Restriction set for 5/1/2019. Notice of Intent to Redact due by 2/5/2019 (jxs, ) [Transferred from New York Northern on 3/11/2019.] |
| Filing 66 RETURN RECEIPT received as to Robert Arthur Levesque, III re #65 Order Transferring Case. (dpk) [Transferred from New York Northern on 3/11/2019.] |
| Filing 65 MEMORANDUM-DECISION AND ORDER TRANSFERRING CASE to Southern District of California. Signed by U.S. District Judge Mae A. D'Agostino on 1/11/2019. (Copy served via regular and certified)(ban) [Transferred from New York Northern on 3/11/2019.] |
| Case transferred to Southern District of California. Original file, certified copy of transfer order, and docket sheet sent. (ban) [Transferred from New York Northern on 3/11/2019.] |
| Filing 64 Letter Motion from Richard S. Hartunian for Upstate Shredding, LLC, Adam Weitsman requesting an in-person conference submitted to Judge D'Agostino . (Attachments: #1 Exhibit(s) 1 - Declaration of Catherine Johnson)(Hartunian, Richard) [Transferred from New York Northern on 3/11/2019.] |
| Filing 63 REPLY to Response to Motion re #46 MOTION, #57 Letter Motion from Richard S. Hartunian for Upstate Shredding, LLC, Adam Weitsman requesting a two-week adjournment of the September 7, 2018 return date and deadline to submit papers pursuant to the Court's August 27, 2018 Order to Show - Reply in Support of Plaintiffs' Memorandum of Law Re: Finding Personal Jurisdiction filed by Upstate Shredding, LLC, Adam Weitsman. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B)(Mohamed, Raeesabbas) [Transferred from New York Northern on 3/11/2019.] |
| Filing 62 Letter dated October 21, 2018 from Robert Arthur Levesque, III. (ban) [Transferred from New York Northern on 3/11/2019.] |
| Filing 61 CERTIFICATE OF SERVICE by Upstate Shredding, LLC, Adam Weitsman re #59 Response to Order to Show Cause, #60 Response to Order to Show Cause,, (Katze, Samantha) [Transferred from New York Northern on 3/11/2019.] |
| Filing 60 RESPONSE TO ORDER TO SHOW CAUSE filed by Upstate Shredding, LLC, Adam Weitsman. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5, #6 Exhibit(s) 6, #7 Exhibit(s) 7, #8 Exhibit(s) 8, #9 Exhibit(s) 9, #10 Exhibit(s) 10, #11 Exhibit(s) 11, #12 Exhibit(s) 12, #13 Exhibit(s) 13, #14 Exhibit(s) 14, #15 Exhibit(s) 15, #16 Exhibit(s) 16, #17 Exhibit(s) 17, #18 Exhibit(s) 18, #19 Exhibit(s) 19, #20 Exhibit(s) 20)(Mohamed, Raeesabbas) [Transferred from New York Northern on 3/11/2019.] |
| Filing 59 RESPONSE TO ORDER TO SHOW CAUSE filed by Upstate Shredding, LLC, Adam Weitsman. (Hartunian, Richard) [Transferred from New York Northern on 3/11/2019.] |
| Filing 58 TEXT ORDER granting #57 Letter Request for an extension of time for Plaintiff's to submit a response to #54 Order to Show Cause: The Court hereby ORDERS that Plaintiffs show cause, if there be any, why the Court should not dismiss this matter for lack of personal jurisdiction or transfer venue to the appropriate district court in California having personal jurisdiction over Defendant; and the Court further ORDERS that #57 Plaintiff's request for a two week extension of time to submit a response to #54 Order to Show Cause, is GRANTED; Plaintiff's response shall be filed on or before 9/21/18. The motion will be decided on the submission of the papers only. No personal appearances are necessary. Signed by U.S. District Judge Mae A. D'Agostino on 9/6/2018. (Copy served via regular mail on defendant)(ban) [Transferred from New York Northern on 3/11/2019.] |
| Filing 57 Letter Motion from Richard S. Hartunian for Upstate Shredding, LLC, Adam Weitsman requesting a two-week adjournment of the September 7, 2018 return date and deadline to submit papers pursuant to the Court's August 27, 2018 Order to Show Cause submitted to Judge Mae A. DAgostino . (Hartunian, Richard) [Transferred from New York Northern on 3/11/2019.] |
| Filing 56 NOTICE of Appearance by Samantha J. Katze on behalf of Upstate Shredding, LLC, Adam Weitsman (Katze, Samantha) [Transferred from New York Northern on 3/11/2019.] |
| Filing 55 NOTICE of Appearance by Richard S. Hartunian on behalf of Upstate Shredding, LLC, Adam Weitsman (Hartunian, Richard) [Transferred from New York Northern on 3/11/2019.] |
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Filing 54
ORDER TO SHOW CAUSE. The Court hereby ORDERS that Plaintiffs show cause, if there be any, to this Court by submission on papers as ordered herein, before the Honorable Mae A. D'Agostino, United States District Court Judge at the United States Courthouse, 445 Broadway, Albany, New York, why the Court should not dismiss this matter for lack of personal jurisdiction or transfer venue to the appropriate district court in California having personal jurisdiction over Defendant; and the Court further ORDERS that Plaintiffs' submissions shall be filed on or before September 7, 2018; and the Court further ORDERS that no personal appearance is required the papers will be taken on submission unless otherwise directed by the Court; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Order on the parties in accordance with the Local Rules. IT IS SO ORDERED. Signed by U.S. District Judge Mae A. D'Agostino on 08/27/2018. (Copy served via regular mail)(bto) [Transferred from New York Northern on 3/11/2019.]
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| Filing 53 NOTICE by Upstate Shredding, LLC, Adam Weitsman re #52 Notice (Other) - Notice of Service of Subpoena - Facebook, Inc. (Attachments: #1 Exhibit(s) A)(Mohamed, Raeesabbas) [Transferred from New York Northern on 3/11/2019.] |
| Filing 52 NOTICE by Upstate Shredding, LLC, Adam Weitsman Notice of Issuance of Subpoena - Facebook, Inc. (Attachments: #1 Exhibit(s) A)(Mohamed, Raeesabbas) [Transferred from New York Northern on 3/11/2019.] |
| Filing 51 NOTICE by Upstate Shredding, LLC, Adam Weitsman re #48 Notice (Other) - Notice of Service of Subpoena - Facebook, Inc. (Attachments: #1 Exhibit(s) Exhibit A)(Mohamed, Raeesabbas) [Transferred from New York Northern on 3/11/2019.] |
| Filing 50 NOTICE by Upstate Shredding, LLC, Adam Weitsman re #49 Notice (Other) Notice of Service of Subpoena (Attachments: #1 Exhibit(s) Exhibit A)(Mohamed, Raeesabbas) [Transferred from New York Northern on 3/11/2019.] |
| Filing 49 NOTICE by Upstate Shredding, LLC, Adam Weitsman - Notice of Issuance of Subpoena to Twitter, Inc. (Attachments: #1 Exhibit(s) A)(Mohamed, Raeesabbas) [Transferred from New York Northern on 3/11/2019.] |
| Filing 48 NOTICE by Upstate Shredding, LLC, Adam Weitsman - Notice of Issuance of Subpoena to Facebook, Inc. (Attachments: #1 Exhibit(s) A)(Mohamed, Raeesabbas) [Transferred from New York Northern on 3/11/2019.] |
| TEXT NOTICE re #46 Supplemental MOTION for Contempt, #43 MOTION Contempt Order alternatively Order to Show Cause: The Motion Hearing regarding the #43 #46 Motions for Contempt, is set for 8/7/2018 (ON SUBMIT) before U.S. District Judge Mae A. D'Agostino. The motions will be decided on the submission of the papers only. No personal appearances are necessary. Response papers, if any, are due on or before 7/23/18. (ban) [Transferred from New York Northern on 3/11/2019.] |
| Filing 47 CERTIFICATE OF SERVICE by Upstate Shredding, LLC, Adam Weitsman re #46 Notice (Other), (Attachments: #1 Exhibit(s) A)(Mohamed, Raeesabbas) [Transferred from New York Northern on 3/11/2019.] |
| Filing 46 SUPPLEMENTAL MOTION FOR CONTEMPT by Upstate Shredding, LLC, Adam Weitsman re #43 MOTION Contempt Order alternatively Order to Show Cause re #34 Order on Motion for Default Judgment,,,,,,,,,,,,,, Order on Motion to Strike,,,,,,,,,,,,, Plaintiffs' Supplement to Motion in Support of an Order of Contempt - (Attachments: #1 Affidavit Exhibit A)(Mohamed, Raeesabbas) Modified on 7/19/2018 (ban). [Transferred from New York Northern on 3/11/2019.] |
| Filing 45 AFFIDAVIT of Service for Notice of Motion and Motion for an Order of Contempt and/or Alternative Motion for Show Cause Hearing on Why an Order of Contempt Should Not Be Entered [ served on Robert Arthur Levesque, III on 07/12/2018, filed by Upstate Shredding, LLC, Adam Weitsman. (Mohamed, Raeesabbas) [Transferred from New York Northern on 3/11/2019.] |
| Filing 44 CERTIFICATE OF SERVICE by Upstate Shredding, LLC, Adam Weitsman re #43 MOTION Contempt Order alternatively Order to Show Cause re #34 Order on Motion for Default Judgment,,,,,,,,,,,,,, Order on Motion to Strike,,,,,,,,,,,,, (Attachments: #1 Exhibit(s) A)(Mohamed, Raeesabbas) [Transferred from New York Northern on 3/11/2019.] |
| Filing 43 MOTION Contempt Order alternatively Order to Show Cause re #34 Order on Motion for Default Judgment,,,,,,,,,,,,,, Order on Motion to Strike,,,,,,,,,,,,, Motion Hearing set for 8/7/2018 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 7/23/2018 filed by Upstate Shredding, LLC, Adam Weitsman. (Attachments: #1 Memorandum of Law Motion for an Order of Contempt - Alternatively Motion for Order to Show Cause, #2 Exhibit(s) A, #3 Exhibit(s) B, #4 Proposed Order/Judgment Proposed Order) Motions referred to David E. Peebles. (Mohamed, Raeesabbas) [Transferred from New York Northern on 3/11/2019.] |
| Filing 42 Witness List from June 1, 2018 Damages Hearing.(ban) [Transferred from New York Northern on 3/11/2019.] |
| Filing 41 Minute Entry for Motion Hearing re Damages held on 6/1/2018 re #25 MOTION for Default Judgment before U.S. District Judge Mae A. D'Agostino: Appearances by Raeesabbas Mohamed, Esq. and Daniel Warner, Esq. for the Plaintiff; No Appearance by defendant Robert Levesque; Testimony is entered. A written decision will be entered. (Court Reporter Jacqueline Stroffolino, CRD Britney Norton) (ban) [Transferred from New York Northern on 3/11/2019.] |
| Filing 40 RETURN RECEIPT: received as to the Text Notice filed on 4/27/2018 served on Robert Arthur Levesque, III via certified mail on 5/25/2018. Article No. 7015 3010 0001 4974 8909. (mc) [Transferred from New York Northern on 3/11/2019.] |
| Filing 39 NOTICE by Upstate Shredding, LLC, Adam Weitsman re #38 Notice (Other) - Certificate of Service of Plaintiffs' Amended List of Witnesses and Exhibits (Attachments: #1 Exhibit(s) A)(Mohamed, Raeesabbas) [Transferred from New York Northern on 3/11/2019.] |
| Filing 38 NOTICE by Upstate Shredding, LLC, Adam Weitsman re #36 Notice (Other) Plaintiffs' Amended List of Witnesses and Exhibits (Mohamed, Raeesabbas) [Transferred from New York Northern on 3/11/2019.] |
| Filing 37 NOTICE by Upstate Shredding, LLC, Adam Weitsman re #36 Notice (Other) - Certificate of Service (Attachments: #1 Exhibit(s) A)(Mohamed, Raeesabbas) [Transferred from New York Northern on 3/11/2019.] |
| Filing 36 NOTICE by Upstate Shredding, LLC, Adam Weitsman Plaintiffs' List of Witnesses and Exhibits (Mohamed, Raeesabbas) [Transferred from New York Northern on 3/11/2019.] |
| Filing 35 RETURN RECEIPT: received as to the #34 Memorandum-Decision and Order served on Robert Arthur Levesque, III via certified mail on 5/16/18. Article No. 7015 3010 0001 4974 8640. (mc) [Transferred from New York Northern on 3/11/2019.] |
| Set Deadlines: Exhibit and Witness Lists, if any, due by 5/25/2018. (ban) [Transferred from New York Northern on 3/11/2019.] |
| TEXT NOTICE of Damages Hearing: A Damages Hearing is set for 6/1/2018 at 09:30 AM in Albany before U.S. District Judge Mae A. D'Agostino. Witness and Exhibit Lists, if any, shall be filed on or before 5/25/18. (copy mailed to pro se defendant via regular mail)(ban) [Transferred from New York Northern on 3/11/2019.] |
| Filing 34 **VACATED Pursuant to Judge D'Agostino's 1/11/19 Memorandum-Decision and Order**MEMORANDUM-DECISION AND ORDER granting in part #25 Motion for Default Judgment; finding as moot #29 Motion to Strike: The Court hereby ORDERS that Plaintiffs' motion for default judgment against Defendant (Dkt. No. 25) is GRANTED IN PART as to liability for the defamation claim, pending a hearing on damages; and the Court further ORDERS that Plaintiffs' business disparagement/trade libel, tortious interference, and intentional infliction of emotional distress claims are DISMISSED; and the Court further ORDERS that Defendant Robert Arthur Levesque, III is hereby restrained and enjoined from publishing on the internet, or causing the publication of, any of the following false and defamatory statements, whether directly or indirectly, about Plaintiffs Adam Weitsman and/or Upstate Shredding: (1) that Plaintiffs Weitsman or Upstate Shredding is a "murderer;" (2) that Plaintiffs Weitsman or Upstate Shredding conspired to murder Michele Harris; (3) that Plaintiffs Weitsman or Upstate Shredding assisted, helped, and/or aided Calvin Harris or any other person in disposing of Michele Harris' body; (4) that Plaintiffs Weitsman or Upstate Shredding conspired, assisted, helped, and/or aided in the murder of Michele Harris; (5) that Plaintiffs Weitsman or Upstate Shredding was paid money by Calvin Harris or any other person in connection with the murder or disappearance of Michele Harris; (6) that Plaintiffs Weitsman or Upstate Shredding conspired, assisted, helped, and/or aided Calvin Harris or any other person from being found guilty, convicted, arrested, detained, liable, responsible, and/or suspected of murdering Michele Harris; (7) that Plaintiff Upstate Shredding or any of its equipment was used to dispose of Michele Harris' body; (8) that Plaintiffs Weitsman or Upstate Shredding was involved in the disappearance of Michele Harris; (9) that Plaintiffs Weitsman or Upstate Shredding sold or sells illegal drugs; (10) that Plaintiffs Weitsman or Upstate Shredding is or has been involved with Joaquin "El Chapo" Guzman; (11) that Plaintiffs Weitsman or Upstate Shredding engaged or engages in money laundering; (12) that Plaintiffs Weitsman or Upstate Shredding bribes or has bribed one or more government officials; (13) that Plaintiffs Weitsman or Upstate Shredding is or has been involved with covering up the death of Michael Burke; and (14) that Plaintiffs Weitsman or Upstate Shredding fooled the Environmental Protection Agency ("EPA") by removing two feet of contaminated soil at the Jamestown Yard; and the Court further ORDERS that, within FOURTEEN (14) DAYS from the date of this Memorandum-Decision and Order, Defendant shall remove from all websites, forums, blogs, lists, social media accounts, and any other forum of mass communication (collectively "Forums") all defamatory statement pertaining to Plaintiffs Weitsman or Upstate Shredding; and the Court further ORDERS that the Clerk shall schedule a damages inquest at the earliest convenience of the parties; and the Court further ORDERS that Plaintiffs' motion to strike (Dkt. No. 29) is DENIED as moot; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order on the parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 4/25/2018. (Copy served via regular and certified mail)(ban) Modified on 1/11/2019 (ban, ). [Transferred from New York Northern on 3/11/2019.] |
| Filing 33 TEXT ORDER denying #31 Pre-Motion Letter by Upstate Shredding, LLC, Adam Weitsman requesting a pre-motion conference submitted to Judge D'Agostino filed by Upstate Shredding, LLC, Adam Weitsman: It is hereby ORDERED that the plaintiffs request for leave to file a motion for immediate preliminary and permanent injunctive relief against the defendant is DENIED. It is further ORDERED that the decision on #25 plaintiffs motion for Default Judgment and injunctive relief will be expedited by this Court. Signed by U.S. District Judge Mae A. D'Agostino on 2/5/2018. (ban) [Transferred from New York Northern on 3/11/2019.] |
| Filing 32 CERTIFICATE OF SERVICE by Upstate Shredding, LLC, Adam Weitsman re #31 Pre-Motion Letter by Upstate Shredding, LLC, Adam Weitsman requesting a pre-motion conference submitted to Judge D'Agostino (Attachments: #1 Exhibit(s) A)(Mohamed, Raeesabbas) [Transferred from New York Northern on 3/11/2019.] |
| Filing 31 Pre-Motion Letter by Upstate Shredding, LLC, Adam Weitsman requesting a pre-motion conference submitted to Judge D'Agostino. MAD Pre-Motion Response Deadline 1/22/2018 (Mohamed, Raeesabbas) [Transferred from New York Northern on 3/11/2019.] |
| Filing 30 CERTIFICATE OF SERVICE by Upstate Shredding, LLC, Adam Weitsman re #29 Reply to Response to Motion, Plaintiffs' Reply in Support of Motion for Default Judgment AND Motion to Strike Defendant's Response (Attachments: #1 Exhibit(s) A)(Mohamed, Raeesabbas) [Transferred from New York Northern on 3/11/2019.] |
| Filing 29 REPLY to Response to Motion re #25 MOTION for Default Judgment as to Robert Arthur Levesque, III AND MOTION TO STRIKE Defendant's Response filed by Upstate Shredding, LLC, Adam Weitsman. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Affidavit Affidavit of Adam Weitsman)(Mohamed, Raeesabbas) Modified on 1/8/2018 to reflect that this filing also contains a Motion to Strike. (mc) [Transferred from New York Northern on 3/11/2019.] |
| Filing 28 SUPPLEMENTAL EXHIBITS (Exhibit C) by Robert Arthur Levesque, III re #27 Response in Opposition to Motion. (Attachments: #1 Exhibit D)(khr) [Transferred from New York Northern on 3/11/2019.] |
| CLERK'S CORRECTION OF DOCKET ENTRY re #27 Response in Opposition to Motion. Replaced Response with a copy that is readable. A complete copy of Exhibit A was replaced. (khr) [Transferred from New York Northern on 3/11/2019.] |
| Filing 27 RESPONSE in Opposition regarding the #25 MOTION for Default Judgment as to Robert Arthur Levesque, III filed by Robert Arthur Levesque, III, pro se. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Affidavit of Service)[The Clerk notes that there was not a page 14 included with Exhibit A.](mc) (Main Document 27 replaced on 1/3/2018) (khr, ). (Attachment 1 replaced on 1/3/2018) (khr, ). [Transferred from New York Northern on 3/11/2019.] |
| Filing 26 CERTIFICATE OF SERVICE by Upstate Shredding, LLC, Adam Weitsman re #25 MOTION for Default Judgment as to Robert Arthur Levesque, III (Attachments: #1 Exhibit(s) A)(Mohamed, Raeesabbas) [Transferred from New York Northern on 3/11/2019.] |
| Filing 25 MOTION for Default Judgment as to Robert Arthur Levesque, III Motion Hearing set for 1/16/2018 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 1/2/2018 Reply to Response to Motion due by 1/5/2018. filed by Upstate Shredding, LLC, Adam Weitsman. (Attachments: #1 Memorandum of Law Plaintiffs Memorandum of Law, #2 Exhibit(s) A, #3 Exhibit(s) B, #4 Exhibit(s) C, #5 Exhibit(s) D, #6 Exhibit(s) E) (Mohamed, Raeesabbas) [Transferred from New York Northern on 3/11/2019.] |
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Filing 24
TEXT ORDER : According to the docket sheet, clerk's entry of default has been entered against the sole defendant in this action, Robert Arthur Levesque, III. Plaintiffs' counsel may file a motion for default judgment on or before 12/6/2017. Authorized by Magistrate Judge David E. Peebles on 11/6/2017. (Copy served upon defendant via regular mail). (sal ) [Transferred from New York Northern on 3/11/2019.]
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| Filing 23 CLERK'S ENTRY OF DEFAULT: as to Robert Arthur Levesque, III. APPROVING the #17 Request for Entry of Default. [Copy served upon pro se defendant via regular mail.] (mc) [Transferred from New York Northern on 3/11/2019.] |
| Filing 22 TEXT-ONLY NOTICE REGARDING JUDGE D'AGOSTINO CASE DISPOSITION PILOT - Please refer to the Individual Rules and Practices of the Hon. Mae A. D'Agostino, U.S. District Judge, for guidance regarding the Case Disposition Pilot. http://www.nynd.uscourts.gov/sites/nynd/files/DAgostino_03142016.pdf. (ban) Modified on 11/3/2017 - copy mailed to non-ecf parties, along with a copy of Judge D'Agostino's individual rules(ban). [Transferred from New York Northern on 3/11/2019.] |
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Filing 21
ORDER REASSIGNING CASE: It is ORDERED that this case has been reassigned to U.S. District Judge Mae A. D'Agostino for all further proceedings. Senior Judge Frederick J. Scullin, Jr no longer assigned to case. The case will remain assigned to the Honorable David E. Peebles, U.S. Magistrate Judge. Signed by Chief Judge Glenn T. Suddaby on 10/31/2017. [Copy served upon pro se defendant via regular mail.](mc) [Transferred from New York Northern on 3/11/2019.]
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| Filing 20 PRO SE HANDBOOK, LOCAL RULES, LAWYER REFERRAL SERVICES, AND NOTICE issued to the defendant by regular mail. (sal ) [Transferred from New York Northern on 3/11/2019.] |
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Filing 19
TEXT ORDER granting #16 Motion for Limited Admission Pro Hac Vice of Daniel Robert Warner, Esq. for Upstate Shredding, LLC, Adam Weitsman. Authorized by Magistrate Judge David E. Peebles on 10/27/2017. (sal ) [Transferred from New York Northern on 3/11/2019.]
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| Defendant Robert Levesque called Magistrate Judge Peebles Chambers inquiring into the request for clerk's entry of default filed. He advised that he will be sending in a request for an extension of time to file an answer to plaintiffs' complaint. Defendant's contact information has been added to the docket sheet and the clerk will provide the defendant with a Pro Se Handbook, Local Rules, and Lawyer Referral Services. Magistrate Judge Peebles has been advised of this information, as well as the #17 request for clerk's entry of default that is pending. (Served defendant Levesque by regular mail). (sal) [Transferred from New York Northern on 3/11/2019.] |
| Filing 18 CERTIFICATE OF SERVICE by Upstate Shredding, LLC, Adam Weitsman re #17 Request for Entry of Default, (Attachments: #1 Exhibit(s) A)(Mohamed, Raeesabbas) [Transferred from New York Northern on 3/11/2019.] |
| Filing 17 REQUEST FOR ENTRY OF DEFAULT as to Robert Arthur Levesque, III re #1 Complaint, Plaintiffs' Application for Entry of Default by Adam Weitsman, Upstate Shredding, LLC. (Attachments: #1 Affidavit In Support of Application for Entry of Default)(Mohamed, Raeesabbas) [Transferred from New York Northern on 3/11/2019.] |
| Filing 16 MOTION for Limited Admission Pro Hac Vice of Daniel Robert Warner Filing fee $100, receipt number 0206-4176980. filed by Upstate Shredding, LLC, Adam Weitsman. (Attachments: #1 Petition, #2 Certificate of Good Standing, #3 Oath on Admission, #4 New Atty EFiling, #5 Order) Motions referred to David E. Peebles. (Curtin, Patricia) [Transferred from New York Northern on 3/11/2019.] |
| Filing 15 CERTIFICATE OF SERVICE by Upstate Shredding, LLC, Adam Weitsman re Set/Reset Answer Deadline, #13 Certificate of Service - Amended Certificate of Service (Attachments: #1 Exhibit(s) Exhibit A)(Mohamed, Raeesabbas) [Transferred from New York Northern on 3/11/2019.] |
| Filing 14 CERTIFICATE OF SERVICE by Upstate Shredding, LLC, Adam Weitsman re #2 Summons Issued, #3 G.O. 25 Filing Order, #1 Complaint, 11 Order, 8 Order on Letter Request,,, #12 Certificate of Service, 10 Order on Letter Request,, and General Order #47 - Amended Certificate of Service (Attachments: #1 Exhibit(s) Exhibit A)(Mohamed, Raeesabbas) [Transferred from New York Northern on 3/11/2019.] |
| Filing 13 CERTIFICATE OF SERVICE by Upstate Shredding, LLC, Adam Weitsman re Set/Reset Answer Deadline (Attachments: #1 Exhibit(s) Exhibit A)(Mohamed, Raeesabbas) [Transferred from New York Northern on 3/11/2019.] |
| ***Answer for Robert Arthur Levesque, III due 10/23/2017. (mc) [Transferred from New York Northern on 3/11/2019.] |
| Filing 12 CERTIFICATE OF SERVICE by Upstate Shredding, LLC, Adam Weitsman re #2 Summons Issued, Set Deadlines/Hearings,, #3 G.O. 25 Filing Order, #1 Complaint, 11 Order, 8 Order on Letter Request,,, 10 Order on Letter Request,, and General Order #47 Upon Defendant Robert Arthur Levesque, III via email (Attachments: #1 Exhibit(s) Exhibit A)(Mohamed, Raeesabbas) [Transferred from New York Northern on 3/11/2019.] |
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Filing 11
TEXT ORDER : The in person Rule 16 Conference set for 11/3/2017 at 11:00 AM in Binghamton before Magistrate Judge David E. Peebles is adjourned without date at this time. The deadline for the filing of the Civil Case Management and exchange of mandatory disclosures is stayed. Once a formal appearance has been made on behalf of the defendant, the Rule 16 Conference will be rescheduled. Authorized by Magistrate Judge David E. Peebles on 10/2/2017. (sal ) [Transferred from New York Northern on 3/11/2019.]
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Filing 10
ORDER: Permission is hereby granted pursuant to Rule 4(e) of the Federal Rules of Civil Procedure and Section 308(5) of the New York Civil Practice Law and Rules to serve the defendant in this action by e-mail. The e-mail service, in combination with the "drop service" effectuated on September 21, 2017, shall be deemed good and sufficient service upon sending of the summons and complaint by e-mail. Defendant shall have twenty-one days from the date on which the e-mail was sent to respond to plaintiffs' complaint. Authorized by Magistrate Judge David E. Peebles on October 2, 2017. (all, ) [Transferred from New York Northern on 3/11/2019.]
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| Filing 9 Letter Motion from Plaintiffs Attorney, Raeesabbas Mohamed for Upstate Shredding, LLC, Adam Weitsman requesting Order Authorizing Alternative Service or deeming prior service valid submitted to Judge David E. Peebles . (Attachments: #1 Exhibit(s) Exhibit A, #2 Exhibit(s) Exhibit B, #3 Exhibit(s) Exhibit C, #4 Exhibit(s) Exhibit D)(Mohamed, Raeesabbas) [Transferred from New York Northern on 3/11/2019.] |
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Filing 8
TEXT ORDER : The court construes plaintiffs' #7 letter as a request for an extension of time to serve the summons and complaint upon the defendant on or before 10/2/2017, which is GRANTED. The IN PERSON Initial Conference set for 10/20/2017 at 10:30 AM is rescheduled, however, the date this conference is rescheduled for is 11/3/2017 at 11:00 AM before Magistrate Judge David E. Peebles. The Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 10/31/2017. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) Plaintiffs' counsel is responsible for advising the defendant of this change once service has been effectuated. Authorized by Magistrate Judge David E. Peebles on 9/5/2017. (sal) (sal, ) [Transferred from New York Northern on 3/11/2019.]
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| Filing 7 Letter Motion from Raeesabbas Mohamed, co-counsel for Plaintiff, admitted Pro Hac Vice for Adam Weitsman requesting Continuance of Rule 16 Conference . (Mohamed, Raeesabbas) [Transferred from New York Northern on 3/11/2019.] |
| Reset Deadlines/Hearings: Due to a conflict with Magistrate Judge Peebles' schedule, the in person Initial Conference set for 10/6/2017 at 10:30 AM is rescheduled for 10/20/2017 at 10:30 AM in Binghamton before Magistrate Judge David E. Peebles. The Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 10/13/2017. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) Plaintiffs' counsel is responsible for advising the defendant of this change once he formally appears in this action. (sal) [Transferred from New York Northern on 3/11/2019.] |
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Filing 6
TEXT ORDER granting #5 Motion for Limited Admission Pro Hac Vice of Raeesabbas Mohamed, Esq. for Upstate Shredding, LLC, Adam Weitsman. Authorized by Magistrate Judge David E. Peebles on 7/13/2017. (sal) [Transferred from New York Northern on 3/11/2019.]
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| Filing 5 MOTION for Limited Admission Pro Hac Vice of Raeesabbas Mohamed Filing fee $100, receipt number 0206-4065137. filed by Upstate Shredding, LLC, Adam Weitsman. (Attachments: #1 Proposed Order/Judgment, #2 Affidavit, #3 Petition for Admission to Practice, #4 Attorney E-filing Registration Form, #5 Oath of Admission, #6 Certificate Good Standing) Motions referred to David E. Peebles. (Curtin, Patricia) [Transferred from New York Northern on 3/11/2019.] |
| Filing 4 NOTICE OF ADMISSION REQUIREMENT: as to Plaintiffs Adam Weitsman and Upstate Shredding, LLC; Attorney Raees Mohamed, Email address is raees@kellywarnerlaw.com. Phone number is 480-331-9397. Admissions due by 7/21/2017. [Copy sent to Attorney Raees Mohamed via regular mail.] (mc) [Transferred from New York Northern on 3/11/2019.] |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Conference set for 10/6/2017 at 10:30 AM in Binghamton before Magistrate Judge David E. Peebles. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 9/29/2017. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (mc) [Transferred from New York Northern on 3/11/2019.] |
| Filing 2 Summons Issued as to Robert Arthur Levesque, III. (mc) [Transferred from New York Northern on 3/11/2019.] |
| Filing 1 COMPLAINT WITH JURY DEMAND: against Robert Arthur Levesque, III (Filing fee $400 receipt number 0206-4058862) filed by Adam Weitsman and Upstate Shredding, LLC. (Attachments: #1 Exhibit A - Defamatory Statements by Defendant, #2 Exhibit B - Defendant's Twitter Posting FindLaw Research, #3 Exhibit C - Defendant Twitter Post, #4 Exhibit D - Defendant Twitter Post Re Plaintiff Demand, #5 Civil Cover Sheet)(mc) [Transferred from New York Northern on 3/11/2019.] |
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