MIRENA v. EXECUTIVE JET MANAGEMENT, INC. et al
| JAMES J. MIRENA |
| NETJETS, INC., EXECUTIVE JET MANAGEMENT, INC., JANE DOES 1-10, JOHN DOES 1-10 and ABC CORPORATIONS 1-10 |
| 2:2021cv11493 |
| May 19, 2021 |
| US District Court for the District of New Jersey |
| Claire C Cecchi |
| Mark Falk |
| Michael A Hammer |
| Kevin McNulty |
| Evelyn Padin |
| Civil Rights: Jobs |
| 28 U.S.C. § 1332 Diversity-Employment Discrimination |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 26, 2023. A more recent docket listing may be available from PACER.
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Filing 56
TEXT ORDER: The Court has reviewed Defendant's June 14, 2023 letter [D.E. 54] and Plaintiff's June 16, 2023 response [D.E. 55]. Although the Court can countenance some adjournment of the current deadlines for expert reports and expert discovery, it cannot agree to a seven-month extension of those deadlines given that the case is already two years old. Further, as Plaintiff's counsel observes, the parties have already had significant time to arrange for the completion of expert reports, and other counsel have assisted in the defense. Accordingly, the Court will permit a three-month extension of the deadlines. All affirmative expert reports must be served by September 19, 2023. All responsive expert reports shall be served by November 28, 2023. All expert discovery shall be completed by January 8, 2024. So Ordered by Magistrate Judge Michael A. Hammer on 6/26/2023. (Hammer, Michael)
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| Filing 55 Letter from Laura M. LoGiudice, Esq. to Magistrate Judge Michael A. Hammer. (LOGIUDICE, LAURA) |
| Filing 54 Letter from Justin A. Guilfoyle Requesting an Extension of Time to Complete Expert Discovery. (GUILFOYLE, JUSTIN) |
| Filing 53 REPLY BRIEF to Opposition to Motion filed by EXECUTIVE JET MANAGEMENT, INC. re #48 MOTION for Summary Judgment (Attachments: #1 Response to Plaintiff's Counter Statement of Disputed Material Facts, #2 Declaration of Amanda Godzinski, #3 Exhibit A-Additional Relevant Pages from the Deposition of James Mirena, #4 Exhibit B-Additional Relevant Pages from the Deposition of Ray Sauter, #5 Exhibit C-Additional Relevant Pages from the Deposition of Steve Bragg, #6 Exhibit D-Additional Relevant Pages from the Deposition of Dana Goodman, #7 Exhibit E-Additional Relevant Pages from the Deposition of Daniel Gerbus, #8 Exhibit F-Additional Relevant Pages from the Deposition of Chris Meadows, #9 Exhibit G-Additional Relevant Pages and Plaintiff's Exhibit 51 from the Deposition of Gary Landrum, #10 Exhibit H-Additional Relevant Pages from the Deposition of Pete Djordjevic, #11 Exhibit I-Additional Relevant Pages from the Deposition of Thomas Mizelle)(GUILFOYLE, JUSTIN) |
| Filing 52 Exhibit to #51 Brief in Opposition to Motion, by JAMES J. MIRENA. (Attachments: #1 Exhibits 10-11)(LOGIUDICE, LAURA)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. |
| Filing 51 BRIEF in Opposition filed by JAMES J. MIRENA re #48 MOTION for Summary Judgment (Attachments: #1 Certification of Laura M. LoGiudice, Esq. in Opposition to Defendant Executive Jet Management, Inc.'s Motion for Summary Judgment, #2 Exhibits 1-21, #3 Plaintiff's Counter Statement of Disputed Material Facts, #4 Response to Defendant's Statement of Undisputed Material Facts, #5 Certification of Service)(LOGIUDICE, LAURA) |
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Filing 50
LETTER ORDER setting a briefing schedule for #48 Defendant's MOTION for Summary Judgment. Plaintiff's Opposition Papers due by 5/5/2023. Defendant Reply Papers due by 5/25/2023. Signed by Magistrate Judge Michael A. Hammer on 4/27/2023. (dam)
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| Filing 49 Letter from Laura M. LoGiudice, Esq. to Magistrate Judge Michael A. Hammer on behalf of all parties re: brief extension of time to file opposition and reply papers. (LOGIUDICE, LAURA) |
| Resetting Deadlines as to #48 MOTION for Summary Judgment . Responses due by 5/1/2023. Replies due by 5/19/2023. Motion reset for 6/5/2023 before Judge Kevin McNulty. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (nic, ) |
| Set Deadlines as to #48 MOTION for Summary Judgment. Motion set for 5/1/2023 before Judge Kevin McNulty. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk's Office and does not supersede any previous or subsequent orders from the Court. (dam) |
| Filing 48 MOTION for Summary Judgment by EXECUTIVE JET MANAGEMENT, INC.. (Attachments: #1 Brief in Support of Defendant's Motion for Summary Judgment, #2 Statement of Material Facts, #3 Declaration of Amanda Godzinski in Support of Defendant's Motion for Summary Judgment, #4 Exhibit A- Deposition of Plaintiff James Mirena, #5 Exhibit B- Deposition of Ray Sauter, #6 Exhibit C- Deposition of Steve Bragg, #7 Exhibit D- Deposition of Dana Goodman, #8 Exhibit E- Deposition of Daniel Gerbus, #9 Exhibit F- Deposition of Chris Meadows, #10 Exhibit G- Deposition of Gary Landrum, #11 Exhibit H- Deposition of Pete Djordjevic, #12 Exhibit I- Deposition of Thomas Mizelle, #13 Exhibit J- Plaintiffs Exhibits 7, 9, 10, 11, 12, 13, 14, and 53, #14 Declaration of Pete Djordjevic in Support of Defendant's Motion for Summary Judgment)(GUILFOYLE, JUSTIN) |
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Filing 47
STIPULATION and ORDER of Dismissal as to Counts I and III of the Complaint with Prejudice and without Costs. Signed by Magistrate Judge Michael A. Hammer on 3/24/2023. (dam)
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| Filing 46 STIPULATION OF DISMISSAL AS TO COUNTS ONE AND THREE OF COMPLAINT WITH PREJUDICE AND WITHOUT COSTS by JAMES J. MIRENA. (LOGIUDICE, LAURA) |
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Filing 45
TEXT ORDER REASSIGNING CASE. Case reassigned to Judge Kevin McNulty for all further proceedings. Judge Evelyn Padin no longer assigned to case. So Ordered by Chief Judge Renee Marie Bumb on 03/08/23. (aw, )
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Filing 44
LETTER ORDER granting #43 Joint Letter regarding the schedule related to summary judgment briefing and the completion of expert discovery. Motion for summary judgment due by 3/31/2023. Completion of expert discovery, including the depositions of any expert witnesses, due by 10/6/2023. Signed by Magistrate Judge Michael A. Hammer on 1/13/2023. (dam)
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| Filing 43 Letter from Justin A. Guilfoyle and Laura M. LoGiudice re: Proposed Schedule Related to Summary Judgment Briefing and the Completion of Expert Discovery. (GUILFOYLE, JUSTIN) |
| Minute Entry for proceedings held before Magistrate Judge Michael A. Hammer: Settlement Conference held on 1/6/2023. (jqb, ) |
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Filing 42
TEXT ORDER: All parties concur that fact discovery is now complete. As discussed at the conclusion of the settlement conference on January 6, 2023, on or before January 16, 2023, the parties will jointly propose a schedule to (1) brief any motion for summary judgment, and (2) serve any expert reports and complete expert discovery.. So Ordered by Magistrate Judge Michael A. Hammer on 1/6/2023. (Hammer, Michael)
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| Filing 41 Letter from Laura M. LoGiudice, Esq. to Magistrate Judge Michael A. Hammer. (LOGIUDICE, LAURA) |
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Filing 40
TEXT ORDER: In light of Counsel's letter #39 , tomorrow's meet and confer is adjourned without a new date. Counsel will file a joint status letter by 11/18/2022. So Ordered by Magistrate Judge Michael A. Hammer on 11/2/2022. (jqb, )
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| Filing 39 Letter from Justin A. Guilfoyle re: Response to the Order dated October 27, 2022. (GUILFOYLE, JUSTIN) |
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Filing 38
TEXT ORDER: Counsel are reminded that the in-Court meet and confer remains scheduled for tomorrow commencing at 10:00 a.m. Not later than 3:00 p.m. today, counsel shall file a short, joint letter indicating whether the parties have resolved their discovery disputes, or still must appear in Court tomorrow. So Ordered by Magistrate Judge Michael A. Hammer on 11/2/2022. (Hammer, Michael)
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Filing 37
TEXT ORDER: Due to the Court's schedule, the in-person meet and confer on October 28, 2022 is adjourned to November 3, 2022, at 10:00 a.m., unless counsel resolve all discovery disputes by that date. Not later than 3:00 p.m. on November 2, 2022, the parties will file a joint status report informing the Court whether they have resolved the issues or will be appearing on November 3, 2022. If the parties have not resolved all remaining discovery disputes, the parties must appear in the Courtroom of the Undersigned, and will be prepared to meet and confer until the earlier of: (1) complete resolution of all remaining discovery disputes, or (2) 4:00 p.m., at which time the Court will address any remaining disputes with the parties. So Ordered by Magistrate Judge Michael A. Hammer on 10/27/22. (tad)
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Filing 36
TEXT ORDER: The Court has reviewed the parties' October 17, 2022 letter concerning the six discovery disputes [D.E. 35]. The Court is not satisfied that the parties have fully met and conferred in an attempt to resolve or at least narrow down the disputes. Accordingly, if counsel do not resolve all discovery disputes by October 27, 2022, they shall appear in the Courtroom of the Undersigned on October 28, 2022, at 10:00 a.m. to continue the meet and confer. Counsel will be prepared to meet and confer until the earlier of: (1) complete resolution of all remaining discovery disputes, or (2) 4:00 p.m., at which time the Court will address any remaining disputes with the parties. Not later than 3:00 p.m. on October 27, 2022, counsel will inform the Court whether they will still need to appear on October 28, 2022. So Ordered by Magistrate Judge Michael A. Hammer on 10/18/2022. (Hammer, Michael)
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| Filing 35 Letter from Joint Submission. (LOGIUDICE, LAURA) |
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Filing 34
TEXT ORDER: The Court has reviewed the parties' September 30, 2022 letter [D.E. 33]. First, discovery and discovery disputes will not be stayed pending the pending the January 6, 2023 settlement conference, given that fact discovery has already been extended on more than one occasion, and was supposed to have been completed by September 30th. Second, it is plain from the parties' letter that counsel have not adequately met and conferred concerning the Plaintiff's second set of interrogatories, and Rule 30(b)(6) deposition notice. The parties are directed to resume their meet and confer efforts immediately. For example, concerning the Rule 30(b)(6) notice, it appears the disputes concern multiple topics. Similarly, the objections to Plaintiff's second set of interrogatories concern multiple interrogatories. On October 17, 2022, the parties will jointly submit to the Court either: (1) if the parties have resolved all disputes, a status report stating same and proposing any necessary amended deadlines, or (2) if the parties have not resolved all disputes, a joint discovery-dispute letter structured in the following manner: Each item in dispute will be presented in its own section. Each such section shall be structured as follows: (i) Part I will contain a neutral statement of the item in dispute; (ii) Part II will set forth the position of the party seeking the discovery, including (a) the specific discovery sought, (b) the basis or argument for that discovery, and (c) any compromises that party offered during the meet and confer Part II shall not exceed three double-spaced pages; (c) Part III will set forth the position of the party opposing the discovery item, and will include any compromises that party offered during the meet and confer Part III will not exceed three double-spaced pages. Counsel are advised that if the Court, upon reading the discovery-dispute letter, concludes that counsel still have not adequately met and conferred, the Court may require counsel to appear in the Courtroom of the Undersigned for an in-Court meet-and-confer session that will commence at 10:00 a.m. and continue until the earlier of (1) complete resolution of all disputes by counsel, or (2) 4:00 p.m. at which time the Court, schedule permitting, will address the open issues with counsel. So Ordered by Magistrate Judge Michael A. Hammer on 10/3/2022. (Hammer, Michael)
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| Filing 33 Letter from Justin A. Guilfoyle and Laura M. LoGiudice Re: Joint Status Report. (GUILFOYLE, JUSTIN) |
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Filing 32
AMENDED SCHEDULING ORDER. Signed by Magistrate Judge Michael A. Hammer on 9/13/2022. (wh)
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| Minute Entry for proceedings held before Magistrate Judge Michael A. Hammer: Status Conference held on 9/13/2022. (ECR) (jqb, ) |
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Filing 31
TEXT ORDER: The Undersigned has reviewed the parties' August 31, 2022 letter [D.E. 30]. The Undersigned will address the parties' discovery disputes at a telephone conference scheduled for September 13, 2022 at 12:00 p.m. The parties will dial 1-888-684-8852 and access code 1456817# to join the conference. Please mark your calendar accordingly. So Ordered by Magistrate Judge Michael A. Hammer on 9/6/22. (tad)
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| Filing 30 Letter from Justin A. Guilfoyle and Laura M. LoGiudice Requesting a Telephone Conference. (GUILFOYLE, JUSTIN) |
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Filing 29
AMENDED SCHEDULING ORDER that there shall be a Settlement Conference via Zoom on 1/6/2023 at 11:00 AM before Magistrate Judge Michael A. Hammer. Fact Discovery due by 9/30/2022. Signed by Magistrate Judge Michael A. Hammer on 8/17/2022. (dam)
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| Minute Entry for proceedings held before Magistrate Judge Michael A. Hammer: Status Conference held on 8/17/2022. (ECR) (jqb, ) |
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Filing 28
TEXT ORDER: The Undersigned has reviewed the parties' August 5, 2022 joint status report [D.E. 27]. The Court will address Plaintiff's opposed request for an extension of the discovery deadlines at the August 17, 2022, 3:00 p.m. telephone status conference. So Ordered by Magistrate Judge Michael A. Hammer on 8/8/22. (tad)
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| Filing 27 Letter from All Parties - Joint Status Letter. (LOGIUDICE, LAURA) |
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Filing 26
TEXT ORDER: This matter was recently reassigned to Judge Padin. Within 14 days, the parties shall confer and file a concise joint letter: (1) providing a brief summary of the claims and defenses; and (2) advising the Court of the status of discovery, any pending motions, settlement discussions (including whether the parties are interested in a settlement conference), and any other issues to be addressed. So Ordered by Judge Evelyn Padin on 7/22/2022. (adc)
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Filing 24
TEXT ORDER REASSIGNING CASE. Case reassigned to Judge Evelyn Padin for all further proceedings. Judge Kevin McNulty no longer assigned to case. So Ordered by Chief Judge Freda L. Wolfson on 6/28/2022. (adc, )
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Filing 23
AMENDED SCHEDULING ORDER. etc. Signed by Magistrate Judge Michael A. Hammer on 5/10/2022. (ams, )
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| Minute Entry for proceedings held before Magistrate Judge Michael A. Hammer: Status Conference held on 5/10/2022. (bt) |
| Filing 22 Letter from Laura LoGiudice re Joint letter. (LOGIUDICE, LAURA) |
| Filing 21 MOTION to Withdraw as Attorney Priya S. Amin by EXECUTIVE JET MANAGEMENT, INC.. (Attachments: #1 Declaration of Priya S. Amin in Support)(AMIN, PRIYA) |
| Filing 20 NOTICE of Appearance by JUSTIN ANTHONY GUILFOYLE on behalf of EXECUTIVE JET MANAGEMENT, INC. (GUILFOYLE, JUSTIN) |
| CLERK'S QUALITY CONTROL MESSAGE - The #21 Notice of Withdrawal of Counsel filed by EXECUTIVE JET MANAGEMENT, INC. on 4/11/2022 was submitted incorrectly as a Motion. For future filings of this nature, please select the event "Notice to Withdraw from NEF as to Case" found under Notices. The Clerk's Office has terminated the Motion filed at D.E. #21 and will terminate Attorney Priya S. Amin from the matter. This submission will remain on the docket unless otherwise ordered by the court. (ams, ) |
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Filing 19
AMENDED SCHEDULING ORDER. etc. Signed by Magistrate Judge Michael A. Hammer on 2/3/2022. (ams, )
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| Minute Entry for proceedings held before Magistrate Judge Michael A. Hammer: Status Conference held on 2/3/2022. (jqb, ) |
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Filing 18
TEXT ORDER: The Telephone Status Conference on 1/27/20222 is adjourned to 2/3/2022 will be held at 11:30 a.m. The parties will dial 1-888-684-8852 and access code 1456817# to join the conference. Please mark your calendar accordingly. So Ordered by Magistrate Judge Michael A. Hammer on 1/5/2022. (jqb, )
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Filing 17
Discovery Confidentiality Order. Signed by Magistrate Judge Michael A. Hammer on 11/23/2021. (ams, )
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| Filing 16 Proposed Order (Discovery Confidentiality Order) by EXECUTIVE JET MANAGEMENT, INC.. (Attachments: #1 Certification of Amanda Godzinski in Support of Discovery Confidentiality Order)(AMIN, PRIYA) |
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Filing 15
PRETRIAL SCHEDULING ORDER. etc. Signed by Magistrate Judge Michael A. Hammer on 10/7/2021. (ams, )
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| Minute Entry for proceedings held before Magistrate Judge Michael A. Hammer: Scheduling Conference held on 10/7/2021. (jqb, ) |
| Filing 14 Joint Discovery Plan by EXECUTIVE JET MANAGEMENT, INC..(AMIN, PRIYA) |
| Filing 13 Notice of Request by Pro Hac Vice Amanda L. Godzinski to receive Notices of Electronic Filings. (AMIN, PRIYA) |
| Filing 12 Notice of Request by Pro Hac Vice Jennifer E. Edwards to receive Notices of Electronic Filings. (AMIN, PRIYA) |
| Pro Hac Vice fee: $ 300, receipt number NEW045137 as Jennifer E. Edwards and Amanda L. Godzinski. (ams, ) |
| Pro Hac Vice counsel, JENNIFER E. EDWARDS and AMANDA L. GODZINSKI, have been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (ams, ) |
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Filing 11
TEXT ORDER: Telephone Scheduling Conference set for 10/7/2021 at 3:30 p.m. before Magistrate Judge Michael A. Hammer. The parties shall electronically file a joint discovery plan by 10/5/2021. The parties shall dial 1-888-684-8852 and access code 1456817# to join the conference. So Ordered by Magistrate Judge Michael A. Hammer on 7/29/2021. (jqb, )
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| Filing 10 Corporate Disclosure Statement by EXECUTIVE JET MANAGEMENT, INC. identifying NetJets, Inc. and Berkshire Hathaway Inc. as Corporate Parent.. (AMIN, PRIYA) |
| Filing 9 ANSWER to Complaint by EXECUTIVE JET MANAGEMENT, INC..(AMIN, PRIYA) |
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Filing 8
NOTICE AND ORDER OF VOLUNTARY DISMISSAL without Prejudice as to Defendant NetJets, Inc. Signed by Judge Kevin McNulty on 7/23/2021. (ams, )
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| Filing 7 NOTICE of Voluntary Dismissal Without Prejudice as to Defendant NetJets, Inc by JAMES J. MIRENA (LOGIUDICE, LAURA) |
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Filing 6
CONSENT ORDER granting #5 Application for the Pro Hac Vice Admission of Jennifer E. Edwards and Amanda L. Godzinski. etc. Signed by Magistrate Judge Michael A. Hammer on 7/20/2021. (ams, )
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| Filing 5 Proposed Order for Pro Hac Vice Admission of Jennifer E. Edwards and Amanda L. Godzinski by EXECUTIVE JET MANAGEMENT, INC., NETJETS, INC.. (Attachments: #1 Certification of Priya S. Amin in Support of the Application to Admit Jennifer E. Edwards and Amanda L. Godzinski Pro Hac Vice, #2 Certification of Jennifer E. Edwards, #3 Certification of Amanda L. Godzinkski)(AMIN, PRIYA) |
| Filing 4 NOTICE of Appearance by PRIYA S. AMIN on behalf of EXECUTIVE JET MANAGEMENT, INC., NETJETS, INC. (AMIN, PRIYA) |
| Filing 3 WAIVER OF SERVICE Returned Executed by JAMES J. MIRENA. EXECUTIVE JET MANAGEMENT, INC. waiver sent on 5/26/2021, answer due 7/26/2021; NETJETS, INC. waiver sent on 5/26/2021, answer due 7/26/2021. (LOGIUDICE, LAURA) |
| Filing 2 SUMMONS ISSUED as to EXECUTIVE JET MANAGEMENT, INC., NETJETS, INC. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (ams, ) |
| Case Assigned to Judge Kevin McNulty and Magistrate Judge Michael A. Hammer. (ak, ) |
| Filing 1 COMPLAINT against ABC CORPORATIONS 1-10, EXECUTIVE JET MANAGEMENT, INC., JANE DOES 1-10, JOHN DOES 1-10, NETJETS, INC. ( Filing and Admin fee $ 402 receipt number ANJDC-12477051) with JURY DEMAND, filed by JAMES J. MIRENA. (Attachments: #1 Civil Cover Sheet)(LOGIUDICE, LAURA) |
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