BDO USA, P.C. v. Rojas
| BDO USA, P.C. |
| Justin Rojas |
| 1:2024cv02793 |
| October 9, 2024 |
| US District Court for the District of Colorado |
| Philip A Brimmer |
| Kathryn A Starnella |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 3, 2024. A more recent docket listing may be available from PACER.
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Filing 52
Minute ORDER by Magistrate Judge Kathryn A. Starnella on 3 December 2024. IT IS HEREBY ORDERED that the Joint Motion to Reset Scheduling Conference #49 is DENIED AS MOOT.(cmadr, )
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Filing 51
Minute ORDER by Magistrate Judge Kathryn A. Starnella on 3 December 2024. IT IS HEREBY ORDERED that the Stipulated Motion for an Extension of Time for Defendant to File a Response to Plaintiff's Complaint [#47] is GRANTED. Defendant's deadline to answer or otherwise respond to Plaintiff's operative complaint is extended to January 2, 2025. IT IS FURTHER ORDERED that the Scheduling Conference set for December 11, 2024, at 11:00 a.m. is VACATED and RESET to February 5, 2025, at 10:30 a.m. in Courtroom C-204 of the Byron G. Rogers United States Courthouse, 1929 Stout Street, Denver, Colorado. IT IS FURTHER ORDERED that, no later than January 29, 2025, the parties shall submit their proposed scheduling order.(cmadr, )
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| Filing 50 MEMORANDUM regarding #49 Joint MOTION to Reset Scheduling Conference filed by Justin Rojas. Motion referred to Magistrate Judge Kathryn A. Starnella, by Chief Judge Philip A. Brimmer on 12/03/2024. Text Only Entry (pabsec, ) |
| Filing 49 Joint MOTION to Reset Scheduling Conference by Defendant Justin Rojas. (Guesno, Jacqueline) |
| Filing 48 MEMORANDUM regarding #47 Stipulated MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint filed by Justin Rojas. Motion referred to Magistrate Judge Kathryn A. Starnella, by Chief Judge Philip A. Brimmer on 12/03/2024. Text Only Entry (pabsec, ) |
| Filing 47 Stipulated MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint by Defendant Justin Rojas. (Guesno, Jacqueline) |
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Filing 46
PRE-SCHEDULING CONFERENCE ORDER by Magistrate Judge Kathryn A. Starnella on 2 December 2024. (cmadr, )
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Filing 45
ORDER SETTING SCHEDULING/PLANNING CONFERENCE by Magistrate Judge Kathryn A. Starnella on 12 November 2024. Proposed Scheduling Order due 12/4/2024. Scheduling Conference set for 12/11/2024 11:00 AM in Courtroom C204 before Magistrate Judge Kathryn A. Starnella. (Attachments: #1 Continuation of Main Document, #2 Continuation of Main Document) (cmadr, )
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Filing 44
Minute ORDER by Magistrate Judge Kathryn A. Starnella on 8 November 2024. IT IS HEREBY ORDERED that the Motion for Status Conference or Order Regarding Deadline to File Response to Complaint #40 is GRANTED. Defendant's deadline to answer or otherwise respond to Plaintiff's operative complaint is December 2, 2024. (cmadr, )
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| Filing 43 RESPONSE to #40 MOTION for Hearing/Conference or Order Regarding Deadline to File Response to Complaint filed by Plaintiff BDO USA, P.C.. (Berman, M.) |
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Filing 42
MEMORANDUM regarding #40 MOTION for Hearing/Conference or Order Regarding Deadline to File Response to Complaint filed by Justin Rojas. Motion referred to Magistrate Judge Kathryn A. Starnella, by Chief Judge Philip A. Brimmer on 10/17/2024. Text Only Entry (pabsec, )
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Filing 41
ORDER REFERRING CASE to Magistrate Judge Kathryn A. Starnella for non-dispositive matters. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, and (4) conduct a pretrial conference and enter a pretrial order. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding, by Chief Judge Philip A. Brimmer on 10/17/2024. Text Only Entry (pabsec, )
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| Filing 40 MOTION for Hearing/Conference or Order Regarding Deadline to File Response to Complaint by Defendant Justin Rojas. (Guesno, Jacqueline) |
| Filing 39 STATEMENT Defendant Justin Rojas' F.R.C.P. 7.1 Disclosure Statement by Defendant Justin Rojas. (Guesno, Jacqueline) |
| Filing 38 NOTICE of Entry of Appearance by Michael James Sheehan on behalf of BDO USA, P.C.Attorney Michael James Sheehan added to party BDO USA, P.C.(pty:pla) (Sheehan, Michael) |
| Filing 37 NOTICE of Entry of Appearance by M. Elias Berman on behalf of BDO USA, P.C.Attorney M. Elias Berman added to party BDO USA, P.C.(pty:pla) (Berman, M.) |
| Filing 36 NOTICE of Entry of Appearance by Meredith A. Munro on behalf of All Defendants Attorney Meredith A. Munro added to party Justin Rojas(pty:dft) (Munro, Meredith) |
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Filing 35
MINUTE ORDER by Chief Judge Philip A. Brimmer on 10/11/2024. The Complaint and Jury Demand, Docket No. #1 at 3, asserts that defendant is a Colorado citizen "[u]pon information and belief." Defendant asserts that defendant was domiciled in Colorado "[a]t all times during my employment with BDO," and that defendant "continue[s] to reside in Colorado." Docket No. #14 -2 at 1. Residency, however, is not the equivalent of citizenship. Whitelock v. Leatherman, 460 F.2d 507, 514 (10th Cir. 1972) ("allegations of mere 'residence' may not be equated with 'citizenship' for the purposes of establishing diversity."). Based on plaintiff's representation that the Court has diversity jurisdiction pursuant to 28 U.S.C. 1332, Docket No. #1 at 3, Federal Rule of Civil Procedure 7.1(a)(2) requires that each party file a disclosure of its citizenship. Rule 7.1, as amended in December 2022, states that, "[i]n an action in which jurisdiction is based on diversity under 28 U.S.C. 1332(a), a party... must, unless the court orders otherwise, file a disclosure statement. The statement must name and identify the citizenship of every individual or entity whose citizenship is attributed to that party... when the action is filed in or removed to federal court." Fed. R. Civ. P. 7.1(a)(2). "For purposes of federal diversity jurisdiction, an individual's state citizenship is equivalent to domicile." Smith v. Cummings, 445 F.3d 1254, 1259 (10th Cir. 2006). "To establish domicile in a particular state, a person must be physically present in the state and intend to remain there." Id. at 1260. Plaintiff has already met the requirements of Rule 7.1. Docket No. #4 . On or before October 18, 2024, defendant shall file a disclosure statement in accordance with Rule 7.1 identifying his citizenship at the time of removal. Text Only Entry (dgumb, )
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| Filing 34 NOTICE of Entry of Appearance of Jacqueline Guesno by Jacqueline Raquel Guesno on behalf of Justin RojasAttorney Jacqueline Raquel Guesno added to party Justin Rojas(pty:dft) (Guesno, Jacqueline) |
| Filing 33 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (agryan) |
| Filing 32 Case assigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge Kathryn A. Starnella. Text Only Entry. (agryan) |
| Filing 31 FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawals of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (Text Only Entry) (agryan) |
| Filing 30 Case transferred in from District of New York Southern; Case Number 1:24-cv-00101. File, transfer order and docket sheet received |
| NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Henry J. Ricardo to handle matters that may be referred in this case. Please note that this is a reassignment of the designation only. (tro) [Transferred from New York Southern on 10/9/2024.] |
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Filing 29
MEMORANDUM DECISION DENYING PLAINTIFF'S MOTION FOR RECONSIDERATION denying #25 Motion for Reconsideration. For the reasons discussed above, the motion for reconsideration is DENIED. This constitutes the decision and order of the court. It is a written opinion. The Clerk of Court is respectfully directed to terminate the motion at Docket Number 25. (Signed by Judge Colleen McMahon on 8/8/24) BY ECF TO ALL COUNSEL. (yv) [Transferred from New York Southern on 10/9/2024.]
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| Filing 28 RESPONSE in Opposition to Motion re: #25 MOTION for Reconsideration re; #24 Order on Motion to Dismiss,, . . Document filed by Justin Rojas..(Guesno, Jacqueline) [Transferred from New York Southern on 10/9/2024.] |
| Filing 27 MEMO ENDORSEMENT on re: #26 Letter filed by Justin Rojas. ENDORSEMENT: Please file a response to the motion by July 19. Thank you. ( Responses due by 7/19/2024) (Signed by Judge Colleen McMahon on 7/9/2024) (tg) [Transferred from New York Southern on 10/9/2024.] |
| Filing 26 LETTER addressed to Judge Colleen McMahon from Jacqueline Guesno dated 7/8/24 re: Motion for Reconsideration. Document filed by Justin Rojas..(Guesno, Jacqueline) [Transferred from New York Southern on 10/9/2024.] |
| Filing 25 MOTION for Reconsideration re; #24 Order on Motion to Dismiss,, . Document filed by BDO USA, P.C.. (Attachments: #1 Supplement Memorandum of Law in support of Motion, #2 Exhibit 1).(Berman, Michael) [Transferred from New York Southern on 10/9/2024.] |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of District of Colorado.(yv) [Transferred from New York Southern on 10/9/2024.] |
| Filing 24 MEMORANDUM DECISION GRANTING DEFENDANT'S MOTION TO TRANSFER granting #14 Motion to Dismiss. For the reasons set forth above, Defendant's motion to transfer to the District of Colorado is GRANTED. The Clerk of Court is respectfully directed to close the open motion at Dkt. No. 14 and transfer this action to the United States District Court for the District of Colorado.. (Signed by Judge Colleen McMahon on 6/27/2024) (jca) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 10/9/2024.] |
| Filing 23 REPLY to Response to Motion re: #14 MOTION to Dismiss for Failure to State a Claim, or in the Alternative, to Transfer to the District of Colorado. . Document filed by Justin Rojas..(Guesno, Jacqueline) [Transferred from New York Southern on 10/9/2024.] |
| Filing 22 LETTER MOTION for Extension of Time to File Response/Reply as to #20 Memorandum of Law in Opposition to Motion to Dismiss or Failure to State a Claim, or in the Alternative, to Transfer to the District of Colorado - Unopposed addressed to Judge Colleen McMahon from Jacqueline Guesno dated 03/26/2024. Document filed by Justin Rojas..(Guesno, Jacqueline) [Transferred from New York Southern on 10/9/2024.] |
| Filing 21 DECLARATION of Scott Grimm in Opposition re: #14 MOTION to Dismiss for Failure to State a Claim, or in the Alternative, to Transfer to the District of Colorado.. Document filed by BDO USA, P.C.. (Attachments: #1 Exhibit 1 - [Redacted], #2 Exhibit 2 - [Redacted], #3 Exhibit 3 - [Redacted]).(Berman, Michael) [Transferred from New York Southern on 10/9/2024.] |
| Filing 20 MEMORANDUM OF LAW in Opposition re: #14 MOTION to Dismiss for Failure to State a Claim, or in the Alternative, to Transfer to the District of Colorado. . Document filed by BDO USA, P.C...(Berman, Michael) [Transferred from New York Southern on 10/9/2024.] |
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Filing 19
ORDER granting #17 Letter Motion for Extension of Time to File Response/Reply re #17 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #14 MOTION to Dismiss for Failure to State a Claim, or in the Alternative, to Transfer to the District of Colorado. addressed to Judge Colleen McMahon fro, #14 MOTION to Dismiss for Failure to State a Claim, or in the Alternative, to Transfer to the District of Colorado. Ok. ( Responses due by 3/20/2024.) (Signed by Judge Colleen McMahon on 2/29/24) (yv) [Transferred from New York Southern on 10/9/2024.]
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| Filing 18 MEMO ENDORSEMENT on re: #16 Letter filed by Justin Rojas. ENDORSEMENT: Finish briefing the motion and postpone the conference schedule. (Signed by Judge Colleen McMahon on 2/28/2024) (mml) [Transferred from New York Southern on 10/9/2024.] |
| Filing 17 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #14 MOTION to Dismiss for Failure to State a Claim, or in the Alternative, to Transfer to the District of Colorado. addressed to Judge Colleen McMahon from M. Elias Berman dated February 28, 2024. Document filed by BDO USA, P.C...(Berman, Michael) [Transferred from New York Southern on 10/9/2024.] |
| Filing 16 JOINT LETTER addressed to Judge Colleen McMahon from Plaintiff and Defendant dated February 26, 2024 re: Scheduling Order. Document filed by Justin Rojas. (Attachments: #1 Proposed Order Civil Case Management Plan).(Guesno, Jacqueline) [Transferred from New York Southern on 10/9/2024.] |
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Filing 15
ORDER FOR PRO HAC VICE ADMISSION granting #13 Motion for Meredith Munro to Appear Pro Hac Vice. Upon review of the Motion of Meredith Munro ("Applicant"), for admission to practice Pro Hac Vice in the above referenced matter, the Motion is hereby granted. IT IS HEREBY ORDERED that the Applicant is admitted to practice Pro Hac Vice in the above captioned case, in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing the discipline of attorneys. (Signed by Judge Colleen McMahon on 2/22/24) (yv) [Transferred from New York Southern on 10/9/2024.]
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| Filing 14 MOTION to Dismiss for Failure to State a Claim, or in the Alternative, to Transfer to the District of Colorado. Document filed by Justin Rojas. Responses due by 3/6/2024 (Attachments: #1 Supplement Motion/Memorandum in Support, #2 Exhibit Rojas Declaration).(Guesno, Jacqueline) [Transferred from New York Southern on 10/9/2024.] |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #13 MOTION for Meredith Munro to Appear Pro Hac Vice Re-Filed. Filing fee $ 200.00, receipt number ANYSDC-28960985. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc) [Transferred from New York Southern on 10/9/2024.] |
| Filing 13 MOTION for Meredith Munro to Appear Pro Hac Vice Re-Filed. Filing fee $ 200.00, receipt number ANYSDC-28960985. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Justin Rojas. (Attachments: #1 Affidavit Munro Affidavit, #2 Proposed Order Proposed Order, #3 Exhibit Certificate of Good Standing).(Munro, Meredith) [Transferred from New York Southern on 10/9/2024.] |
| Filing 12 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Meredith Munro to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28958088. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Justin Rojas. (Attachments: #1 Affidavit Munro Affidavit, #2 Proposed Order Proposed Order).(Munro, Meredith) Modified on 2/16/2024 (sgz). [Transferred from New York Southern on 10/9/2024.] |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #12 MOTION for Meredith Munro to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28958088. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Colorado;. Re-file the motion as a 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. (sgz) [Transferred from New York Southern on 10/9/2024.] |
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Filing 11
ORDER FOR PRO HAC VICE ADMISSION granting #9 Motion for Jacqueline Guesno to Appear Pro Hac Vice. Upon review of the Motion of Jacqueline Guesno ("Applicant"), for admission to practice Pro Hac Vice in the above referenced matter, the Motion is hereby granted. IT IS HEREBY ORDERED that the Applicant is admitted to practice Pro Hac Vice, in the above captioned case, in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court including the Rules governing the discipline of attorneys. (Signed by Judge Colleen McMahon on 1/31/24) (yv) [Transferred from New York Southern on 10/9/2024.]
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Filing 10
ORDER granting #8 Letter Motion for Extension of Time to Answer re #8 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Colleen McMahon from Defendant, Justin Rojas dated 1/29/2024., #1 Complaint. OK - granted. (Justin Rojas answer due 2/21/2024.) (Signed by Judge Colleen McMahon on 1/30/24) (yv) [Transferred from New York Southern on 10/9/2024.]
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #9 MOTION for Jacqueline Guesno to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28875265. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc) [Transferred from New York Southern on 10/9/2024.] |
| Filing 9 MOTION for Jacqueline Guesno to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28875265. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Justin Rojas. (Attachments: #1 Affidavit Jacqueline Guesno, #2 Exhibit Certificate of Good Standing, #3 Proposed Order for Pro Hac Vice Admission).(Guesno, Jacqueline) [Transferred from New York Southern on 10/9/2024.] |
| Filing 8 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Colleen McMahon from Defendant, Justin Rojas dated 1/29/2024. Document filed by Justin Rojas..(Guerra, Artemio) [Transferred from New York Southern on 10/9/2024.] |
| Filing 7 NOTICE OF APPEARANCE by Artemio Guerra on behalf of Justin Rojas..(Guerra, Artemio) [Transferred from New York Southern on 10/9/2024.] |
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Filing 6
ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE: Initial Conference set for 3/21/2024 at 10:15 AM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 1/26/2024) (rro) [Transferred from New York Southern on 10/9/2024.]
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| Filing 5 ELECTRONIC SUMMONS ISSUED as to Justin Rojas..(pc) [Transferred from New York Southern on 10/9/2024.] |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Colleen McMahon. 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..(pc) [Transferred from New York Southern on 10/9/2024.] |
| Case Designated ECF. (pc) [Transferred from New York Southern on 10/9/2024.] |
| Magistrate Judge James L. Cott is designated to handle matters that may be referred in this case. 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. (pc) [Transferred from New York Southern on 10/9/2024.] |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Michael Elias Berman. The following case opening statistical information was erroneously selected/entered: Dollar Demand $3,000;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $3,000,000;. (pc) [Transferred from New York Southern on 10/9/2024.] |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by BDO USA, P.C...(Berman, Michael) [Transferred from New York Southern on 10/9/2024.] |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Justin Rojas, re: #1 Complaint. Document filed by BDO USA, P.C...(Berman, Michael) [Transferred from New York Southern on 10/9/2024.] |
| Filing 2 CIVIL COVER SHEET filed..(Berman, Michael) [Transferred from New York Southern on 10/9/2024.] |
| Filing 1 COMPLAINT against Justin Rojas. (Filing Fee $ 405.00, Receipt Number ANYSDC-28775756)Document filed by BDO USA, P.C.. (Attachments: #1 Exhibit I: Rojas Manager Agreement).(Berman, Michael) [Transferred from New York Southern on 10/9/2024.] |
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| Defendant: Justin Rojas | |
| Represented By: | Jacqueline Raquel Guesno |
| Represented By: | Meredith A. Munro |
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| Plaintiff: BDO USA, P.C. | |
| Represented By: | Michael James Sheehan |
| Represented By: | M. Elias Berman |
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