SMITH v. GOLDMAN et al
| BRUCE SMITH |
| Amanda Goldman, Robert Tamarkin and Dan Rosenbaum |
| UBS FINANCIAL SERVICES INC. |
| 2:2023cv04098 |
| August 1, 2023 |
| US District Court for the District of New Jersey |
| Andre M Espinosa |
| William J Martini |
| Contract: Other |
| 28 U.S.C. § 1441 Notice of Removal- Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 30, 2023. A more recent docket listing may be available from PACER.
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Filing 57
ORDER that the motion day as to Defendants' #54 MOTION to Dismiss is hereby adjourned to 10/16/2023. Responses due by 10/2/2023. Signed by Judge William J. Martini on 9/25/2023. (krg)
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Filing 56
NOTICE of Appearance by MORGAN VIRGINIA MANLEY on behalf of BRUCE SMITH (MANLEY, MORGAN)
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Filing 55
Letter from Morgan V. Manley to Judge Martini - motion adjournment request re #54 MOTION to Dismiss . (Attachments: #1 Text of Proposed Order)(MANLEY, MORGAN)
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Set Deadlines as to #53 MOTION for Leave to Appear Pro Hac Vice re: Eugene Scalia, Esq. and James Fogelman, Esq., #54 MOTION to Dismiss . Motion set for 10/2/2023 before Judge William J. Martini. 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. (JB, )
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Filing 54
MOTION to Dismiss by AMANDA GOLDMAN, Dan Rosenbaum. (Attachments: #1 Memorandum of Law in Support of Defendants' Motion to Dismiss, #2 Declaration of Elizabeth Kimsey in Support of Defendants' Motion to Dismiss with Exhibits 1-18, #3 Text of Proposed Order, #4 Certificate of Service)(SILVANO, STEPHANIE)
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Filing 53
MOTION for Leave to Appear Pro Hac Vice re: Eugene Scalia, Esq. and James Fogelman, Esq. by AMANDA GOLDMAN, Dan Rosenbaum. (Attachments: #1 Statement in Lieu of Brief, #2 Certification of Stephanie L. Silvano, #3 Certification of Eugene Scalia, #4 Certification of James Fogelman, #5 Text of Proposed Order, #6 Certificate of Service)(SILVANO, STEPHANIE)
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Filing 52
ORDER granting Defendant's #51 Letter. The deadline to respond to complaint is extended to 9/11/2023. Signed by Judge William J. Martini on 8/10/2023. (krg, )
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Filing 51
Letter from Stephanie L. Silvano to the Honorable William J. Martini requesting to extend the time to respond to the Complaint, on consent re #1 Notice of Removal,. (SILVANO, STEPHANIE)
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Filing 50
NOTICE of Appearance by STEPHANIE LYNN SILVANO on behalf of AMANDA GOLDMAN, Dan Rosenbaum (SILVANO, STEPHANIE)
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Filing 49
Clerk's Letter: Attorney is not admitted to the Federal Bar of New Jersey. Notice has been mailed to the attorney's address. (jr)
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Case assigned to Judge William J. Martini and Magistrate Judge Andre M. Espinosa. (jr)
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Filing 48
Certified Copy of Transfer Order and docket received, Case transferred in from District of Georgia Northern; Case Number 1:22-cv-03982. Original file certified copy of transfer order and docket sheet received.
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Filing 47
ORDER that: Plaintiff's #11 Motion to Remand is DENIED; Plaintiff's #45 Motion for Leave to Amend Complaint is DENIED; Defendants' #6 Motion to Dismiss is GRANTED IN PART to the extent that the claims against Defendant Tamarkin are DISMISSED. It is further ORDERED that the claims against Defendants Goldman and Rosenbaum are to be transferred by the Clerk of this Court to the District Court of New Jersey. The Clerk is DIRECTED to terminate all other pending motions [Docs. #19 , #20 , and #38 ] as moot. Signed by Judge William M. Ray, II on 7/31/2023. (tas)
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Case electronically transferred to the District Court of New Jersey. (tas)
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Filing 46
RESPONSE in Opposition re #45 MOTION to Amend Complaint filed by Amanda Goldman, Dan Rosenbaum, Robert Tamarkin. (Schwartz, Jeffrey)
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Filing 45
MOTION to Amend Complaint with Brief In Support by Bruce Smith. (Attachments: #1 Exhibit Proposed First Amended Complaint)(Ketner, Kevin)
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Submission of #38 MOTION for Leave to File to Further Supplement the Record, to District Judge William M. Ray II. (sll)
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Filing 44
Minute Entry for proceedings held before Judge William M. Ray, II: Motion Hearing held on 6/21/2023 on pending motions. The Court heard oral argument on pending motion and took the issues under advisement. Court will issue written Order. (Court Reporter Geraldine Glover)(tas)
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ORDER (by docket entry only) granting #41 Application for Admission Pro Hac Vice of attorney Nikki Lynn McArthur. Ordered on Judge William M. Ray, II on 6/21/23. (sll)
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APPROVAL by Clerks Office re: #41 APPLICATION for Admission of Nikki Lynn McArthur Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12683287) Attorney Nikki Lynn McArthur added appearing on behalf of Amanda Goldman, Dan Rosenbaum, Robert Tamarkin. E-filing access may be requested after an order granting the application is entered. (djs)
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Filing 43
RESPONSE TO ORDER TO SHOW CAUSE filed by Bruce Smith. (Ketner, Kevin)
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Filing 42
RESPONSE TO ORDER TO SHOW CAUSE re: #40 Order,. (Schwartz, Jeffrey)
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Filing 41
APPLICATION for Admission of Nikki Lynn McArthur Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12683287).by Amanda Goldman, Dan Rosenbaum, Robert Tamarkin. (Schwartz, Jeffrey) Documents for this entry are not available for viewing outside the courthouse.
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Filing 40
ORDER DIRECTING the parties to file briefs regarding the following issue: If the Court were to find in favor of Defendants on the motion to dismiss, to what extent would Rule 11(b) and (c) apply in this case? The parties are hereby DIRECTED to file briefs on this issue on or before 6/20/2023. Signed by Judge William M. Ray, II on 6/12/2023. (tas)
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Filing 39
NOTICE of Hearing on Motion re: #20 MOTION Leave to Conduct Jurisdictional Discovery, #6 MOTION to Dismiss, #11 MOTION to Remand to State Court, #19 MOTION to Supplement Record with Arbitration Documents and Testimony. Motion Hearing set for 6/21/2023 at 09:30 AM in ATLA Courtroom 1705 before Judge William M. Ray II. (tas)
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Filing 38
MOTION for Leave to File to Further Supplement the Record by Amanda Goldman, Dan Rosenbaum, Robert Tamarkin. (Schwartz, Jeffrey)
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Filing 37
ORDER GRANTING #35 Motion for Leave to File a Supplemental Declaration of Jeffrey Schwartz. Signed by Judge William M. Ray, II on 3/22/2023. (tas)
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Filing 36
ORDER GRANTING #33 Motion for Leave to File Supplemental Brief. Signed by Judge William M. Ray, II on 3/10/2023. (tas)
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Filing 35
MOTION for Leave to File Supplemental Declaration of Jeffrey Schwartz by Amanda Goldman, Dan Rosenbaum, Robert Tamarkin. (Attachments: #1 Supplement Declaration of Jeffrey Schwartz in Support of Defendants' Opp to Plaintiff's Motion to Supplement Record)(Schwartz, Jeffrey)
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Submission of #33 Motion for Leave to File Supplemental Brief in Support of Motion To Remand, to District Judge William M. Ray II. (sll)
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Filing 34
RESPONSE in Opposition re #33 Motion for Leave to File Supplemental Brief in Support of Motion To Remand filed by Amanda Goldman, Dan Rosenbaum, Robert Tamarkin. (Attachments: #1 Exhibit 1)(Schwartz, Jeffrey)
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Filing 33
Motion for Leave to File Supplemental Brief in Support of Motion To Remand by Bruce Smith. (Attachments: #1 Brief PLAINTIFFS SUPPLEMENTAL BRIEF IN SUPPORT OF MOTION FOR REMAND)(Penn, Darren)
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Submission of #11 MOTION to Remand to State Court , to District Judge William M. Ray II. (sll)
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Submission of #20 MOTION Leave to Conduct Jurisdictional Discovery , #19 MOTION to Supplement Record with Arbitration Documents and Testimony, to District Judge William M. Ray II. (ceo)
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Filing 32
REPLY to Response to Motion re #19 MOTION to Supplement Record with Arbitration Documents and Testimony filed by Bruce Smith. (Ketner, Kevin)
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Filing 31
REPLY to Response to Motion re #20 MOTION Leave to Conduct Jurisdictional Discovery filed by Bruce Smith. (Penn, Darren)
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Submission of #6 MOTION to Dismiss, to District Judge William M. Ray II. (tas)
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Filing 30
REPLY to Response to Motion re #6 MOTION to Dismiss filed by Amanda Goldman, Dan Rosenbaum, Robert Tamarkin. (Fogelman, James)
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Filing 29
RESPONSE in Opposition re #20 MOTION Leave to Conduct Jurisdictional Discovery filed by Amanda Goldman, Dan Rosenbaum, Robert Tamarkin. (Attachments: #1 Exhibit 1 - Declaration of Jeffrey Schwartz)(Fogelman, James)
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Filing 28
RESPONSE in Opposition re #19 MOTION to Supplement Record with Arbitration Documents and Testimony filed by Amanda Goldman, Dan Rosenbaum, Robert Tamarkin. (Attachments: #1 Exhibit 1 - Declaration of Jordan Schiffman)(Fogelman, James)
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Filing 27
ORDER GRANTING #24 Motion for Leave to File Excess Pages in excess of twenty-five pages. Signed by Judge William M. Ray, II on 12/5/2022. (tas)
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Filing 26
ORDER GRANTING #22 Unopposed MOTION for Extension of Time to File Response re: #20 MOTION Leave to Conduct Jurisdictional Discovery , #19 MOTION to Supplement Record with Arbitration Documents and Testimony. Defendants have until 12/7/2022 to respond to Plaintiff's Motions. Signed by Judge William M. Ray, II on 11/30/2022. (tas)
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Filing 25
REPLY BRIEF re #11 MOTION to Remand to State Court filed by Bruce Smith. (Ketner, Kevin)
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Filing 24
MOTION for Leave to File Excess Pages by Bruce Smith. (Penn, Darren)
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Filing 23
STANDING ORDER REGARDING CIVIL LITIGATION. Signed by Judge William M. Ray, II on 11/28/2022. (nmb)
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ORDER denying #12 Motion to Stay. Ordered by Judge William M. Ray, II on 11/28/22. (sll)
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Submission of #22 Unopposed MOTION for Extension of Time to File Response re: #20 MOTION Leave to Conduct Jurisdictional Discovery, #19 MOTION to Supplement Record with Arbitration Documents and Testimony, to District Judge William M. Ray II. (tas)
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Filing 22
Unopposed MOTION for Extension of Time to File Response re: #20 MOTION Leave to Conduct Jurisdictional Discovery , #19 MOTION to Supplement Record with Arbitration Documents and Testimony by Amanda Goldman, Dan Rosenbaum, Robert Tamarkin. (Attachments: #1 Text of Proposed Order)(Schwartz, Jeffrey)
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Filing 21
Notice for Leave of Absence for the following date(s): 1/24/ 2023-2/03/2023, 3/3/2023-3/11/2023, 3/26/2023-4/15/2023, 6/6/2023-6/14/2023, by Darren W. Penn. (Penn, Darren)
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Filing 20
MOTION Leave to Conduct Jurisdictional Discovery with Brief In Support by Bruce Smith. (Ketner, Kevin)
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Filing 19
MOTION to Supplement Record with Arbitration Documents and Testimony with Brief In Support by Bruce Smith. (Attachments: #1 Exhibit FINRA Arbitration Confidentiality Agreement, #2 Exhibit Deposition of Amanda Goldman)(Ketner, Kevin)
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Filing 18
RESPONSE in Opposition re #6 MOTION to Dismiss filed by Bruce Smith. (Attachments: #1 Exhibit Deposition of Amanda Goldman, #2 Exhibit Bruce Smith Declaration)(Ketner, Kevin)
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Filing 17
ORDER REASSIGNING CASE. Case reassigned to Judge William M. Ray, II for all further proceedings. Judge J. P. Boulee no longer assigned to case. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:22-cv-03982-WMR. Please make note of this change in order to facilitate the docketing of pleadings in this case. Signed by Judge J. P. Boulee on 11/15/2022. (nmb)
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Filing 16
RESPONSE in Opposition re #11 MOTION to Remand to State Court filed by Amanda Goldman, Dan Rosenbaum, Robert Tamarkin. (Attachments: #1 Exhibit A - April 22, 2019 FINRA Arbitration Answer and Counterclaims)(Fogelman, James)
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Filing 15
REPLY BRIEF re #12 Emergency MOTION to Stay Time for Plaintiff's Response to Defendants' Motion to Dismiss PLAINTIFFS REPLY TO DEFENDANTS OPPOSITION TO PLAINTIFFS EMERGENCY MOTION TO STAY TIME FOR RESPONSE TO DEFENDANTS MOTION TO DISMISS filed by Bruce Smith. (Penn, Darren)
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Filing 14
RESPONSE in Opposition re #12 Emergency MOTION to Stay Time for Plaintiff's Response to Defendants' Motion to Dismiss filed by Amanda Goldman, Dan Rosenbaum, Robert Tamarkin. (Attachments: #1 Exhibit A - November 2, 2022 email)(Fogelman, James)
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Clerk's Notation re #10 Certificate of Interested Persons: Read and approved by District Judge J. P. Boulee. (jkl)
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For good cause shown, the #13 Motion to Enter a Stay of Discovery is GRANTED. IT IS HEREBY ORDERED that the discovery deadlines are STAYED until further order of the Court. So ordered by Judge J. P. Boulee on 11/3/22. (jkl)
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Filing 13
MOTION to Stay Discovery with Brief In Support by Amanda Goldman, Dan Rosenbaum, Robert Tamarkin. (Fogelman, James)
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Filing 12
Emergency MOTION to Stay Time for Plaintiff's Response to Defendants' Motion to Dismiss with Brief In Support by Bruce Smith. (Attachments: #1 Exhibit A, McLendon Order, #2 Exhibit B, Proposed Order)(Penn, Darren)
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Filing 11
MOTION to Remand to State Court with Brief In Support by Bruce Smith. (Penn, Darren)
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For good cause shown, the #9 Joint Motion is GRANTED. IT IS HEREBY ORDERED that Plaintiff's deadline to respond to Defendants' Motion to Dismiss is extended through and including November 16, 2022. Defendants' reply, if any, shall be filed no later than December 13, 2022. So ordered by Judge J. P. Boulee on 10/25/22. (jkl)
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Filing 10
Certificate of Interested Persons by Bruce Smith. (Penn, Darren)
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Filing 9
Joint MOTION for Extension of Time Extend Briefing Deadlines Related to Defendants' Motion to Dismiss re: #6 MOTION to Dismiss by Bruce Smith. (Attachments: #1 Text of Proposed Order)(Penn, Darren)
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ORDER granting Eugene Scalia's #7 Application for Admission Pro Hac Vice and granting James Fogelman's #8 Application for Admission Pro Hac Vice. So ordered by Judge J. P. Boulee on 10/14/2022. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(jkl)
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Filing 8
APPLICATION for Admission of James Fogelman Pro Hac Vice.by Amanda Goldman, Dan Rosenbaum, Robert Tamarkin. (Schwartz, Jeffrey) Documents for this entry are not available for viewing outside the courthouse.
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Filing 7
APPLICATION for Admission of Eugene Scalia Pro Hac Vice.by Amanda Goldman, Dan Rosenbaum, Robert Tamarkin. (Schwartz, Jeffrey) Documents for this entry are not available for viewing outside the courthouse.
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RETURN of #4 APPLICATION for Admission of James Fogelman Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12124615). to attorney for correction RE: Local counsel's address. Local counsel's address is different in USDC NDGa database. (cdg)
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RETURN of #5 APPLICATION for Admission of Eugene Scalia Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12124619). to attorney for correction. RE: Local counsel's address. Local counsel's address is different in USDC NDGa database. (cdg)
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APPROVAL by Clerks Office re: #8 APPLICATION for Admission of James Fogelman Pro Hac Vice. Attorney James P Fogelman added appearing on behalf of Amanda Goldman, Dan Rosenbaum, Robert Tamarkin (cdg)
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APPROVAL by Clerks Office re: #7 APPLICATION for Admission of Eugene Scalia Pro Hac Vice., #5 APPLICATION for Admission of Eugene Scalia Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12124619). Attorney Eugene Scalia added appearing on behalf of Amanda Goldman, Dan Rosenbaum, Robert Tamarkin (cdg)
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Filing 6
MOTION to Dismiss with Brief In Support by Amanda Goldman, Dan Rosenbaum, Robert Tamarkin. (Attachments: #1 Exhibit A (Declaration of Amanda Goldman), #2 Exhibit B (Declaration of Dan Rosenbaum), #3 Exhibit C (Redline of Complaints))(Schwartz, Jeffrey)
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Filing 5
APPLICATION for Admission of Eugene Scalia Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12124619).by Amanda Goldman, Dan Rosenbaum, Robert Tamarkin. (Schwartz, Jeffrey) Documents for this entry are not available for viewing outside the courthouse.
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Filing 4
APPLICATION for Admission of James Fogelman Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12124615).by Amanda Goldman, Dan Rosenbaum, Robert Tamarkin. (Schwartz, Jeffrey) Documents for this entry are not available for viewing outside the courthouse.
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Filing 3
Corporate Disclosure Statement by Amanda Goldman, Dan Rosenbaum, Robert Tamarkin.(Schwartz, Jeffrey)
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Filing 2
STANDING ORDER REGARDING CIVIL LITIGATION. Signed by Judge J. P. Boulee on 10/11/22. (jkl)
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Filing 1
NOTICE OF REMOVAL with COMPLAINT filed by Amanda Goldman, Robert Tamarkin, and Dan Rosenbaum. (Filing fee $ 402 receipt number AGANDC-12107098) (Attachments: #1 Exhibit 1, #2 Declaration of Tamarkin, #3 Civil Cover Sheet)(lwb) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form.
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