Morford v. Cattelan
| Joe Morford |
| Maurizio Cattelan |
| 1:2021cv20039 |
| January 4, 2021 |
| US District Court for the Southern District of Florida |
| Jonathan Goodman |
| Robert N Scola |
| Copyright |
| 17 U.S.C. § 0501 Copyright Infringement |
| None |
Docket Report
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This docket was last retrieved on August 9, 2022. A more recent docket listing may be available from PACER.
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Filing 57
ANSWER and Affirmative Defenses to Complaint by Maurizio Cattelan. (Nevins, Julie)
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Filing 56
ORDER denying #49 Motion to Dismiss. Signed by Judge Robert N. Scola, Jr on 7/6/2022. See attached document for full details. (cqs)
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Filing 55
Joint SCHEDULING REPORT - Rule 26(f) by Maurizio Cattelan (Nevins, Julie)
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Filing 54
Scheduling Order and Order of Referral to Mediation ( Jury Trial set for 5/22/2023 before Judge Robert N. Scola Jr.., Calendar Call set for 5/16/2023 09:00 AM in Miami Division before Judge Robert N. Scola Jr..), ORDER REFERRING CASE to Mediation. Signed by Judge Robert N. Scola, Jr on 6/13/2022. See attached document for full details. (cqs) #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.
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Filing 53
Defendant's REPLY to Response to Motion re #49 Defendant's MOTION to Dismiss with Prejudice #1 Complaint Defendant's Reply Memorandum in Further Support of Motion to Dismiss filed by Maurizio Cattelan. (Nevins, Julie)
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Filing 52
PAPERLESS ORDER: granting the Defendant's motion for extension of time and enlargement of pages. #51 . The Defendant may file a reply memorandum in support of his motion to dismiss on or before June 10, 2022, and the Defendant may file a reply memorandum that is up to fifteen pages in length. Signed by Judge Robert N. Scola, Jr. (ntd)
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Reset Deadlines Per DE#52. Replies due by 6/10/2022. (cqs)
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Filing 51
Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #49 Defendant's MOTION to Dismiss with Prejudice #1 Complaint Defendant's Motion for Enlargement of Time and Enlargement of Page Limitation by Maurizio Cattelan. (Attachments: #1 Text of Proposed Order)(Nevins, Julie)
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Filing 50
RESPONSE in Opposition re #49 Defendant's MOTION to Dismiss with Prejudice #1 Complaint filed by Joe Morford. Replies due by 5/27/2022. (cqs)
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Filing 49
Defendant's MOTION to Dismiss with Prejudice #1 Complaint by Maurizio Cattelan. Responses due by 5/20/2022 (Nevins, Julie)
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Filing 48
PAPERLESS ORDER: granting the Defendant's motions to appear pro hac vice. #46 , #47 . Attorneys Dana M. Susman and Adam M. Cohen are given permission to appear and participate in this matter on behalf of the Defendant. The Clerk is directed to provide these attorneys with notification of all electronic filings via the e-mail addresses set forth in the motions. Signed by Judge Robert N. Scola, Jr. (ntd)
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Attorneys Adam M. Cohen and Dana M. Susman representing Cattelan, Maurizio (Defendant) Activated. (cw)
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Filing 47
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Dana M. Susman. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #44 Motion to Appear Pro Hac Vice, by Maurizio Cattelan. Responses due by 5/4/2022 (Attachments: #1 Text of Proposed Order Proposed Order)(Nevins, Julie)
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Filing 46
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Adam M. Cohen. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #43 Motion to Appear Pro Hac Vice, by Maurizio Cattelan. Responses due by 5/4/2022 (Attachments: #1 Text of Proposed Order Proposed Order)(Nevins, Julie)
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Filing 45
PAPERLESS ORDER: denying without prejudice the Defendant's motions to appear pro hac vice. #43 , #44 . Pursuant to Local Rule 4(b) of the Rules Governing the Admission, Practice, Peer Review, and Discipline of Attorneys, local counsel must also consent to electronically serve all documents and things that may be served electronically and consent to serving documents in compliance with the CM/ECF Administrative Procedures. Signed by Judge Robert N. Scola, Jr. (ntd)
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Filing 44
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Dana M. Susman. Filing Fee $ 200.00 Receipt # AFLSDC-15574896 by Maurizio Cattelan. Responses due by 5/4/2022 (Attachments: #1 Text of Proposed Order Proposed Order)(Nevins, Julie)
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Filing 43
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Adam M. Cohen. Filing Fee $ 200.00 Receipt # AFLSDC-15574876 by Maurizio Cattelan. Responses due by 5/4/2022 (Attachments: #1 Text of Proposed Order Proposed Order)(Nevins, Julie)
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Attorney Adam M. Cohen representing Cattelan, Maurizio (Defendant); Attorney Dana M. Susman representing Cattelan, Maurizio (Defendant) terminated. Notice of Termination delivered by US Mail to Adam Cohen, Dana Susman. PER DE# 45 (cds)
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Filing 42
ORDER ADOPTING Magistrate Judge's #39 REPORT AND RECOMMENDATIONS; Granting #31 Motion to Set Aside Default. Certificate of Appealability: No Ruling. Signed by Judge Robert N. Scola, Jr on 4/8/2022. See attached document for full details. (cds) Modified Date Filed on 4/11/2022 (cds).
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Reset Response/Answer Due Deadline: Maurizio Cattelan response/answer due 5/6/2021. PER DE#42 (cds)
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Reset Response/Answer Due Deadline: Maurizio Cattelan response/answer due 5/6/2022. PER DE#42 (cds)
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Filing 41
PAPERLESS ORDER denying #40 Motion to Disqualify Judge. The Undersigned denies Mr. Morford's "Motion For Disqualification" for several reasons.First, it cites Florida Statute Section 38.10, which is inapplicable in this federal court lawsuit.Second, assuming that the motion could be treated as one filed under 28 U.S.C. Section 144, it is insufficient. The statute requires a "timely and sufficient affidavit." But the motion satisfies neither requirement.The motion is not verified and is not an affidavit or a statutory substitute (i.e., a declaration).In addition, the motion is not sufficient. The mere fact that I worked with attorney Julie Nevins approximately twelve years ago in a shareholder/partner-associate relationship is insufficient to justify a conclusion or concern of bias or prejudice.I have never been to Ms. Nevins's home and she has never been to mine. We have never traveled together. She has not been invited to my family events, such as bar and bat mitzvahs and my children's weddings and graduations, and I have never been invited to any of her events. As best as I can recall, I have not spoken with Ms. Nevins for many years.If the grounds mentioned in the motion were sufficient to justify disqualification or recusal, then any federal district judge or magistrate judge who used to work as a lawyer at a large law firm would automatically need to recuse whenever a former colleague was involved in a lawsuit in which the judge was presiding -- regardless of how many years had passed and regardless of whether the judge and former colleague are now friends. In a firm with a large litigation department or with multiple geographic offices, the recusal/disqualification list could easily run into multiple dozens of attorneys. The law does not require this illogical and impractical result.Finally, none of the grounds mentioned in 28 U.S.C. Section 455 apply here. For the reasons outlined above, the Undersigned denies the motion. Signed by Magistrate Judge Jonathan Goodman on 3/28/2022. (JG)
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Filing 40
MOTION for Disqualification by Joe Morford. (cds)
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Filing 39
REPORT AND RECOMMENDATIONS regarding #31 Defendant's MOTION to Set Aside Default filed by Maurizio Cattelan. Objections to R&R due by 4/5/2022. Signed by Magistrate Judge Jonathan Goodman on 3/22/2022. See attached document for full details. (mkr)
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Filing 38
Defendant's REPLY to Response to Motion re #31 Defendant's MOTION to Set Aside Default filed by Maurizio Cattelan. (Attachments: #1 Exhibit A, #2 Exhibit B)(Nevins, Julie)
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Filing 37
RESPONSE to Motion re #31 Defendant's MOTION to Set Aside Default filed by Joe Morford. Replies due by 1/10/2022. (cds)
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Filing 36
PAPERLESS ORDER directing Plaintiff to file a response by January 4, 2022 to #31 Defendant's MOTION to Set Aside Default filed by Maurizio Cattelan, if Plaintiff is opposing the motion. Defendant may file a reply no later than January 11, 2022. Signed by Magistrate Judge Jonathan Goodman on 12/14/2021. (mkr)
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Filing 35
ORDER REFERRING #31 Defendant's MOTION to Set Aside Default filed by Maurizio Cattelan. Motions referred to Judge Jonathan Goodman. Signed by Judge Robert N. Scola, Jr on 12/13/2021. See attached document for full details. (cds)
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Filing 34
CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorney Adam Ray Hoock re #33 Notice of Change of Address, Email or Law Firm Name. Attorney Adam Ray Hoock has not completed the required procedures for updating their information with the Court. After filing something in all pending cases, Attorney is instructed to go to their PACER account, Manage My Account, to complete the process of updating their information. The Court is NOT responsible for updating secondary email addresses. See the Courts website for detailed instructions. #www.flsd.uscourts.gov/updating-your-information (pt)
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Filing 33
NOTICE of Change of Address, Email or Law Firm Name by Adam Ray Hoock (Hoock, Adam)
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Filing 32
PAPERLESS ORDER granting Defendant's #30 Motion to Stay Briefing on Motion for Default Judgment, or, in the Alternative, Motion for Extension of Time. The briefing schedule on the #25 Claim/Motion for Default Judgment is STAYED pending a ruling on Defendant's #31 Motion to Set Aside Entry of Clerk's Default. Signed by Magistrate Judge Jonathan Goodman on 11/17/2021. (mkr)
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Filing 31
Defendant's MOTION to Set Aside Default by Maurizio Cattelan. (Attachments: #1 Exhibit)(Nevins, Julie)
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Filing 30
Defendant's MOTION to Stay re 29 Order,, Set/Reset Motion/R&R Deadlines and Hearings, or in the Alterntive, Motion for Extension of Time by Maurizio Cattelan. Responses due by 11/30/2021 (Attachments: #1 Text of Proposed Order)(Nevins, Julie)
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Filing 29
PAPERLESS ORDER requiring Defendant to file a response to #25 Claim (construed as a Motion for Default Judgment by #26 Order Referring Motion) by 11/22/2021. Plaintiff may file a reply no later than 12/6/2021. Signed by Magistrate Judge Jonathan Goodman on 11/12/2021. (mkr)
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Filing 28
NOTICE of Attorney Appearance by Adam Ray Hoock on behalf of Maurizio Cattelan. Attorney Adam Ray Hoock added to party Maurizio Cattelan(pty:dft). (Hoock, Adam)
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Filing 27
NOTICE of Attorney Appearance by Julie Elizabeth Nevins on behalf of Maurizio Cattelan. Attorney Julie Elizabeth Nevins added to party Maurizio Cattelan(pty:dft). (Nevins, Julie)
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Filing 26
Order Referring Motion to Magistrate Judge Jonathan Goodman. Plaintiffs motion for default judgment, together with associated materials (ECF No. #23 , #24 and #25 ). Signed by Judge Robert N. Scola, Jr on 4/23/2021. See attached document for full details. (cds)
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Filing 25
CLAIM by Joe Morford. (cds)
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Filing 24
AFFIDAVIT in Support re #18 MOTION for Entry of Default Judgment as to Maurizio Cattelan filed by Joe Morford. (cds)
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Filing 23
AFFIDAVIT of Sum Certain signed by: Joe Morford by Joe Morford (cds)
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Filing 22
NOTICE of Compliance re Request for Entry of Default by Clerk by Joe Morford re 21 Order,,,, (cds)
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Filing 21
PAPERLESS ORDER TO RESPOND: This matter is before the Court upon an independent review of the record. On April 9, 2021, the Court entered its order on Clerk's default procedure, requiring the Plaintiff to submit a motion for entry of Clerk's default by April 16, 2021. #15 . The Court's order noted the "motion must include a certificate of service indicating that the Plaintiff sent it to the Defendant(s), including the address(es) it was mailed to." (ECF No. 15, at 2 (emphasis in original).) On April 12, 2021, the Plaintiff moved for Clerks default, noting in its motion "[a] certificate of service must be attached to this pleading," though it appears no certificate of service was attached. #18 . By April 16, 2021, the Plaintiff must certify to the Court that it complied with the Court's order. If the Plaintiff did not comply with the Court's order, the Plaintiff must immediately do so and state on the record by April 16, 2021 that the Plaintiff has served it's motion for entry of Clerk's default on the Defendant and the address such motion was mailed to. Signed by Judge Robert N. Scola, Jr. (sda)
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Filing 20
Order on Default Judgment Procedure., Maurizio Cattelan response due 4/23/2021. Signed by Judge Robert N. Scola, Jr on 4/12/2021. See attached document for full details. (cds)
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Filing 19
(VACATED DE#42 ) Clerks Entry of Default as to Maurizio Cattelan - Motions Terminated: #18 Motion for Clerks Entry of Default Signed by DEPUTY CLERK on 4/12/2021. (cds) Modified Text on 4/11/2022 (cds).
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Filing 18
Request for Entry of Default by Clerk as to Maurizio Cattelan by Joe Morford. (cds)
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Filing 17
SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Joe Morford. Maurizio Cattelan served on 3/17/2021, answer due 4/7/2021. (cds)
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Filing 16
NOTICE of Compliance (Copy of Order Mailed) re #15 Order, (cds)
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Filing 15
Order on Clerk's Default Procedure. In order to resolve this case justly, swiftly, and economically the Court orders the Plaintiff to submit a Motion for Entry of Clerks Default by April 16,2021, consistent with Federal Rule of Civil Procedure 55(a). Signed by Judge Robert N. Scola, Jr on 4/9/2021. See attached document for full details. (cds)
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Filing 14
SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Joe Morford. Maurizio Cattelan served on 3/17/2021, answer due 4/7/2021. SEE DE #13 IMAGE (Page 3-4)(Return of Service Unexecuted and Return of Service Executed both filed under entry DE #13 . (ail)
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Filing 13
Summons (Affidavit) Returned Unexecuted with additional Affidavits and Acknowledgment of Service as to Maurizio Cattelan. (cqs)
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Filing 12
PAPERLESS ORDER: denying the pro se Plaintiff's motion for alternative service process. #11 . The Plaintiff filed his complaint against the Defendant, Maurizio Cattelan, an alleged citizen of Italy and resident of New York, on January 4, 2021. In his motion, the Plaintiff states that on January 24, 2021, he hired a process server who attempted to serve the Defendant on February 3, 2021 at his apartment in New York City, but was denied access to the Plaintiff's apartment by the building's manager. In his motion, the Plaintiff asks the Court to authorize alternative service on the Defendant by leaving the complaint and summons with the building manager, which the Plaintiff states was suggested to the Plaintiff by his hired process server. Federal Rule 4(e) governs service of process upon an individual within a judicial district of the United States. In order to serve a defendant under Rule 4(e), a plaintiff can serve the a defendant in accordance with state law, serve the defendant personally, leave a copy at the defendant's usual place of abode, or by serving the defendant's agent. Federal Rule 4(e) does not permit the Court to authorize other means of service. In New York, alternative methods of service may be authorized by the Court where traditional methods of service, which include "(1) personal service; (2) delivery to a person of suitable age and discretion at the... dwelling place... of the person to be served and by... mailing the summons to the person to be served at his or her last known residence; (3) service on an agent; or (4) so-called nail and mail service," are impracticable. Ferrarese v. Shaw, 164 F. Supp. 3d 361, 365 (E.D.N.Y. 2016). Impracticability will depend on the facts and circumstances of each particular case. Silverman v. Sito Marketing, LLC, No. 14-cv-3932, 2015 WL 13651281, at *4 (E.D.N.Y. March 9, 2015.) Here, the Plaintiff has failed to show that service cannot be completed under Federal Rule 4(e), or that service is impracticable under New York law. Rather, it appears that the Plaintiff's process server attempted to the serve the Defendant on one occasion, but was turned away by the building's manager. Even if service were impracticable, the Plaintiff has failed to explain to the Court why the Plaintiff's proposed alternative method of service would be reasonably calculated to give notice to the Defendant. Id. Should the Plaintiff be unable to serve the Defendant under Federal Rule 4(e), the Plaintiff may seek leave from the Court to extend the time to serve the Defendant consistent with Federal Rule 4(m), which governs the time limit for service of process. Signed by Judge Robert N. Scola, Jr. (sda)
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Filing 11
MOTION for Alternative Service by Joe Morford. (cds)
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Filing 10
Consent by Pro Se Litigant (Non-Prisoner) Joe Morford to receive Notices of Electronic Filing at email address: joemorford@gmail.com (cds)
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Filing 9
Notice of Upcoming Deadline to Serve under Federal Rule of Civil Procedure 4(m. Signed by Judge Robert N. Scola, Jr on 2/8/2021. See attached document for full details. (cds)
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Filing 8
Summons Issued as to Maurizio Cattelan. (mc)
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Filing 7
Clerks Notice of Receipt of Filing Fee received on 1/7/2021 in the amount of $ 402.00, receipt number FLS100221588. (vt)
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Filing 6
MAGISTRATE JUDGE GOODMAN'S DISCOVERY PROCEDURES ORDER. Signed by Magistrate Judge Jonathan Goodman on 1/7/2021. See attached document for full details. (fbn)
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Filing 5
Order Requiring Discovery and Scheduling Conference and Order Referring Discovery Matters to the Magistrate Judge Jonathan Goodman. Signed by Judge Robert N. Scola, Jr on 1/6/2021. See attached document for full details. (cds)
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Filing 4
Clerks Notice to Filer re: Summons(es) cannot be issued. The filing fee has not been paid (pcs)
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Filing 3
FORM AO 121 SENT TO DIRECTOR OF U.S. COPYRIGHT OFFICE (pcs)
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Filing 2
Clerks Notice of Judge Assignment to Judge Robert N. Scola, Jr. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman 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. (pcs)
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Filing 1
COMPLAINT against Maurizio Cattelan. Filing fees $ 402.00 Not Paid/No IFP, filed by Joe Morford. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(pcs)
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| Plaintiff: Joe Morford | |
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| Defendant: Maurizio Cattelan | |
| Represented By: | Adam M. Cohen |
| Represented By: | Adam Ray Hoock |
| Represented By: | Dana M. Susman |
| Represented By: | Julie Elizabeth Nevins |
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