Orlan v. Spongetech Delivery Systems, Inc. et al
| Jeffrey P. Orlan, The Sullivan Lead Plaintiff Group and Orlan |
| Mr. Jack H Halperin, Frank Lazauskas, Michael L. Metter, Steven Moskowitz, RM Enterprises International, Inc., Spongetech Delivery Systems, Inc. and Spongetech Delivery Systems, Inc |
| 1:2010cv04093 |
| September 8, 2010 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Dora Lizette Irizarry |
| Robert M Levy |
| Securities/Commodities |
| 15 U.S.C. § 78 m(a) Securities Exchange Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 24, 2017. A more recent docket listing may be available from PACER.
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Case Reassigned to Magistrate Judge Robert M. Levy. Magistrate Judge Joan M. Azrack no longer assigned to the case. (Marziliano, August)
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Filing 76
NOTICE of Appearance by Jeffrey J. Cunningham on behalf of Jack H Halperin (aty to be noticed) (Cunningham, Jeffrey)
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Filing 75
MEMORANDUM in Support re # 70 MOTION to Dismiss The Second Consolidated Amended Class Action Complaint filed by Jack H Halperin. (Tonorezos, Anastasios)
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Filing 74
AFFIDAVIT/DECLARATION in Opposition re # 70 MOTION to Dismiss The Second Consolidated Amended Class Action Complaint filed by Jeffrey P. Orlan(on behalf of all others similarly situated), Jeffrey P. Orlan(Individually), The Sullivan Lead Plaintiff Group. (Attachments: # 1 Affidavit of Service) (Tonorezos, Anastasios)
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Filing 73
MEMORANDUM in Opposition re # 70 MOTION to Dismiss The Second Consolidated Amended Class Action Complaint filed by Jeffrey P. Orlan(on behalf of all others similarly situated), Jeffrey P. Orlan(Individually), The Sullivan Lead Plaintiff Group. (Tonorezos, Anastasios)
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ORDER GRANTING EXTENSION OF MOTION BRIEFING SCHEDULE RE: (72 in 1:10-cv-04093-DLI-JMA) Letter filed by The Sullivan Lead Plaintiff Group; AND DENYING REQUEST FOR LEAVE TO FILE EXCESS-PAGE BRIEF (118 in 1:10-cv-04104-DLI-JMA) Letter filed by The Sullivan Lead Plaintiff Group - On defendants' consent, plaintiffs' request for an extension of time to file their opposition to the motion to dismiss the complaint (filed under docket #10-cv-4093 to August 13, 2012 is granted. The court notes, however, that the time to file has passed and no opposition papers have been filed. Instead, by letter dated August 13, 2012 and filed under docket # 10-cv-4104, plaintiffs belatedly seek leave to file a brief in excess of the court's 25-page limit. That request is denied. Defendant managed to make its motion within the 25-page limit. Plaintiffs should be able to respond within that limit as well and make more focused and pointed arguments. As plaintiffs have not filed their opposition papers and make this extremely late request for the filing of an over-sized brief, the court assumes that plaintiffs will need additional time to file their opposition to the motion. Accordingly, plaintiffs shall file their opposition papers NO LATER THAN AUGUST 20, 2012. Defendant's reply shall be due September 7, 2012. The parties are admonished to adhere to my Individual Rules and Practices. Do not assume that the court will be able to entertain belated applications for extensions of deadlines. If the court cannot respond on time due to counsel's failure to make timely applications, the original deadlines will remain in place. The court may not be so generous in the future. Filed documents that do not comply with my rules may be striken summarily. Moreover, The above-referenced cases have been consolidated. Accordingly, all filings are to be made under docket # 10-cv-4093 and note the correct docket number on all documents filed with the court including the initials of the assigned district and magistrate judges. SO ORDERED by Judge Dora Lizette Irizarry on 8/14/2012. (Irizarry, Dora)
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Filing 72
Letter from Gary S. Graifman to Judge Irizarry by The Sullivan Lead Plaintiff Group (Attachments: # 1 Stipulation and Proposed Order) (Graifman, Gary)
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Filing 71
Letter from Gary S. Graifman to Hon. Dora L. Irizarry by The Sullivan Lead Plaintiff Group (Attachments: # 1 Proposed Order) (Graifman, Gary)
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ORDER re # 71 Letter filed by The Sullivan Lead Plaintiff Group - Plaintiffs' request for an extension until July 23, 2012 to file their opposition to defendant Halperin's motion to dismiss is GRANTED. Defendant's reply brief shall be due August 6, 2012. SO ORDERED by Judge Dora Lizette Irizarry on 6/29/2012. (Irizarry, Dora)
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Filing 70
MOTION to Dismiss The Second Consolidated Amended Class Action Complaint by Jack H Halperin. (Attachments: # 1 Declaration of Anastasios P. Tonorezos, # 2 Exhibit A of the Declaration, # 3 Exhibit B of the Declaration, # 4 Memorandum in Support) (Tonorezos, Anastasios) (Attachment 3 replaced on 8/17/2012) (Barrett, C).
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Filing 69
AMENDED COMPLAINT (Second Consolidated Amended Class Action Complaint with Certifications) against All Defendants, filed by The Sullivan Lead Plaintiff Group. (Attachments: # 1 Certificate of Service)Associated Cases: 1:10-cv-04093-DLI-JMA, 1:10-cv-04104-DLI-JMA (Graifman, Gary) (Main Document 69 replaced on 8/17/2012) (Barrett, C).
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Filing 68
AMENDED COMPLAINT (Second Consolidated Amended Class Action Complaint) against All Defendants, filed by The Sullivan Lead Plaintiff Group. (Attachments: # 1 Certificate of Service)Associated Cases: 1:10-cv-04093-DLI-JMA, 1:10-cv-04104-DLI-JMA (Graifman, Gary) (Main Document 68 replaced on 8/17/2012) (Barrett, C).
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Filing 67
ORDER GRANTING Defendant Halperin's (48) Motion to Dismiss in case 1:10-cv-04093-DLI-JMA AND (68) Motion to Dismiss in case 1:10-cv-04104-DLI-JMA; AND GRANTING IN PART AND DENYING IN PART Defendant Lazauskas' (71 in 1:10-cv-04104-DLI-JMA) MOTION to Dismiss The Consolidated Amended Class Action Complaint - For the reasons set forth in the ATTACHED WRITTEN OPINION AND ORDER, the motions to dismiss by Defendants Halperin and Lazauskas are decided as follows: Halperin's motion to dismiss the Third Claim of the Consolidated Amended Class Action Complaint ("Complaint") is granted without prejudice and with leave for plaintiffs to replead in accordance with the Court's Opinion. Halperin's motion to dismiss the Sixth Claim is granted with prejudice. Lazauskas's motion to dismiss the First and Second Claims is granted without prejudice and with leave for plaintiffs to replead. Finally, Lazauskas's motion to dismiss the Seventh Claim is denied. To sum up: The Sixth and Seventh Claims of the Complaint are dismissed with prejudice. Plaintiffs are granted leave to replead the First, Second and Third Claims, in accord with the Court's Opinion and Order, and the Amended Class Action Complaint must be filed NO LATER THAN APRIL 30, 2012. This action shall proceed under the pretrial supervision of U.S. Magistrate Judge Joan M. Azrack. SO ORDERED by Judge Dora Lizette Irizarry on 3/29/2012. (Irizarry, Dora) (Main Document 67 replaced on 8/17/2012) (Barrett, C).
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ORDER in case 1:10-cv-04093-DLI-JMA; denying (99) Motion for Discovery in case 1:10-cv-04104-DLI-JMA -- The court has reviewed all submissions in connection with this motion, which is denied for the same reason that the court has stayed discovery in the related matter brought by the Securities and Exchange Commission ("SEC") against the same defendants in this case. The U.S. Attorney for the Eastern District of NY is conducting a criminal prosecution and a continuing investigation into the defendants named in these consolidated class actions, the criminal matter ( U.S. v. Metter, et. al., Dkt. # 10-cr-600) and the other related civil action, SEC v. Spongetech, et. al. , all of which are pending before the undersigned. As such, this constitutes good cause for the stay of discovery in this case as well. Moreover, the criminal matter is soon to come to a conclusion and, therefore, the delay in discovery in this matter will not prejudice any of the parties. SO ORDERED by Judge Dora Lizette Irizarry on 3/29/2012. (Irizarry, Dora)
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Filing 66
Letter Withdrawing Motion to Stay and Memorandum in Support [Docket Nos. 53 and 54] by Michael L. Metter (Bessette, Paul)
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ORDER re # 65 Letter filed by The Sullivan Lead Plaintiff Group - The proposed modification with respsect to defendant Metter's motion to stay is granted. Plaintiff's opposition is now due by November 3, 2010; defendant Metter's reply is now due by November 25,2010. So Ordered by Judge Dora Lizette Irizarry on 11/1/2010. (Irizarry, Dora)
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Filing 65
Letter from Gary S. Graifman to Judge Irizarry by The Sullivan Lead Plaintiff Group Associated Cases: 1:10-cv-04093-DLI -JMA, 1:10-cv-04104-DLI -JMA (Graifman, Gary)
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Filing 64
RESPONSE in Opposition re # 52 MOTION to Stay filed by Jack H Halperin. (Attachments: # 1 Notice of Motion Notice of Cross-Motion) (Porter, Richard) (Main Document 64 replaced on 8/17/2012) (Barrett, C).
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Filing 63
Counter MOTION to Stay Defendant Michael Metters Motion , Cross MOTION to Sever by Jack H Halperin. (Attachments: # 1 Notice of Motion) (Porter, Richard)
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Filing 62
MEMORANDUM in Opposition re (49 in 1:10-cv-04093-DLI -JMA) First MOTION to Dismiss Declaration of Richard B. Porter , (50 in 1:10-cv-04093-DLI -JMA) First MOTION to Dismiss Memorandum of Law in Support of Motion to Dismiss , (48 in 1:10-cv-04093-DLI -JMA) First MOTION to Dismiss Consolidated Amended Class Action Complaint filed by The Sullivan Lead Plaintiff Group. (Attachments: # 1 Certificate of Service) Associated Cases: 1:10-cv-04093-DLI -JMA, 1:10-cv-04104-DLI -JMA (Graifman, Gary) (Main Document 62 replaced on 8/17/2012) (Barrett, C).
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Filing 61
AFFIDAVIT/DECLARATION in Opposition re # 49 First MOTION to Dismiss Declaration of Richard B. Porter , # 50 First MOTION to Dismiss Memorandum of Law in Support of Motion to Dismiss , # 48 First MOTION to Dismiss Consolidated Amended Class Action Complaint Gary S. Graifman filed by The Sullivan Lead Plaintiff Group. (Attachments: # 1 Certificate of Service) (Graifman, Gary) (Main Document 61 replaced on 8/17/2012) (Barrett, C).
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Filing 60
AFFIDAVIT/DECLARATION in Opposition re (71 in 1:10-cv-04104-DLI -JMA) MOTION to Dismiss The Consolidated Amended Class Action Complaint. Document filed by The Sullivan Lead Plaintiff Group. (Attachments: # 1 Part II of Declaration of Gary S. Graifman Exhibits 3-7, # 2 Certificate of Service) Associated Cases: 1:10-cv-04093-DLI -JMA, 1:10-cv-04104-DLI -JMA (Graifman, Gary) (Attachment 1 replaced on 8/17/2012) (Barrett, C).
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Filing 59
MEMORANDUM in Opposition re (71 in 1:10-cv-04104-DLI -JMA) MOTION to Dismiss The Consolidated Amended Class Action Complaint. Document filed by The Sullivan Lead Plaintiff Group. (Attachments: # 1 Certificate of Service) Associated Cases: 1:10-cv-04093-DLI -JMA, 1:10-cv-04104-DLI -JMA (Graifman, Gary) (Main Document 59 replaced on 8/17/2012) (Barrett, C).
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ORDER CONSOLIDATING CASES UNDER DOCKET NOS. 10-CV-4093 AND 10-CV-4104 Re (83 in 1:10-cv-04104-DLI -JMA) Letter filed by The Sullivan Lead Plaintiff Group, (57 in 1:10-cv-04093-DLI -JMA) Letter filed by The Sullivan Lead Plaintiff Group - The request to consolidate the two cases referenced above is granted. However, the parties are reminded that, as this case is no longer in the Southern District nor under the supervision of Judge Koeltl, his Individual Rules and Practices do not apply. The parties are directed to adhere to my Individual Rules and Practices and to the Local Rules of this District. As such, the plaintiffs are NOT granted leave to amend the complaint in lieu of answering defendants' motion to dismiss the complaints in these consolidated actions. Plaintiffs' opposition is due October 18, 2010. No agreed-upon date for defendants' reply was set forth in plaintiffs' September 17th letter. Accordingly, defendants' reply shall be due November 8, 2010. The parties are reminded that chambers is to be provided with hard courtesy copies of electronic filings and any submissions that do not comply with my Individual Rules and Practices will be rejected summarily. SO ORDERED by Judge Dora Lizette Irizarry on 10/13/2010. (Irizarry, Dora)
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Filing 58
Proposed Scheduling Order by The Sullivan Lead Plaintiff Group (Attachments: # 1 Letter from Gary S. Graifman to Judge Irizarry) (Graifman, Gary)
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Filing 57
Letter to Hon. Dora L. Irizarry from Gary S. Graifman by The Sullivan Lead Plaintiff Group (Attachments: # 1 Proposed Order) (Graifman, Gary)
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Filing 56
MOTION to Amend/Correct/Supplement # 55 MOTION to Amend/Correct/Supplement # 54 Memorandum in Support to Correct Attached [Proposed] Order by Michael L. Metter. (Attachments: # 1 Proposed Order) (Bessette, Paul) (Main Document 56 replaced on 8/17/2012) (Barrett, C).
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Filing 55
MOTION to Amend/Correct/Supplement # 54 Memorandum in Support to Correct Attached [Proposed] Order by Michael L. Metter. (Attachments: # 1 Proposed Order) (Bessette, Paul)
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Filing 54
MEMORANDUM in Support re # 52 MOTION to Stay filed by Michael L. Metter. (Attachments: # 1 Proposed Order) (Bessette, Paul) (Main Document 54 replaced on 8/17/2012) (Barrett, C).
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Filing 53
DECLARATION re # 52 MOTION to Stay by R. Adam Swick by Michael L. Metter (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (Bessette, Paul)
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Filing 52
MOTION to Stay by Michael L. Metter. (Bessette, Paul)
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Filing 51
CASE REASSIGNED to Judge Dora Lizette Irizarry and Magistrate Judge Joan M. Azrack for all further proceedings. Judge Sandra L. Townes, Magistrate Judge Lois Bloom no longer assigned to case. (Bowens, Priscilla)
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Filing 50
First MOTION to Dismiss Memorandum of Law in Support of Motion to Dismiss by Jack H Halperin. Responses due by 10/18/2010 (Tonorezos, Anastasios)
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Filing 49
First MOTION to Dismiss Declaration of Richard B. Porter by Jack H Halperin. Responses due by 10/18/2010 (Attachments: # 1 Exhibit Exhibit A (1 of 6), # 2 Exhibit Exhibit A (2 of 6), # 3 Exhibit Exhibit A (3 of 6), # 4 Exhibit Exhibit A (4 of 6), # 5 Exhibit Exhibit A (5 of 6), # 6 Exhibit Exhibit A (6 of 6)) (Tonorezos, Anastasios) (Attachment 2 replaced on 8/17/2012) (Barrett, C). (Attachment 2 replaced on 8/17/2012) (Barrett, C). (Attachment 5 replaced on 8/17/2012) (Barrett, C). (Attachment 1 replaced on 8/17/2012) (Barrett, C). (Attachment 6 replaced on 8/17/2012) (Barrett, C).
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Filing 48
First MOTION to Dismiss Consolidated Amended Class Action Complaint by Jack H Halperin. Responses due by 10/18/2010 (Tonorezos, Anastasios)
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Filing 47
Corporate Disclosure Statement by Jack H Halperin (Tonorezos, Anastasios)
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Filing 46
Case transferred in from District of New York Southern; Case Number 1:09-cv-09037. Original file certified copy of transfer order and docket sheet received.
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The case of Orlan v. Spongtech Delivery Systems, Inc. et al , has been transferred from Southern New York to the Eastern District of New York. The new case number is 10cv4093 . PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (Bowens, Priscilla)
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CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - Eastern District of New York. (tro) [Transferred from New York Southern on 9/8/2010.]
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Filing 45
ORDER, This case is transferred to the Eastern District of New York pursuant to 28 U.S.C. 1404(a} for the convenience of the parties and witnesses and in the interests of justice. It is plain that transfer to the Eastern District of New York will accomplish the purposes of section 1404(a} and will allow the coordination of this case with related proceedings and will avoid the possibility of inconsistent rulings. The Clerk is directed to transfer this case to the Eastern District of New York. (Signed by Judge John G. Koeltl on 8/31/10) (pl) [Transferred from New York Southern on 9/8/2010.]
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Transmission to Docket Assistant Clerk. Transmitted re: # 45 Order,,, to the Docket Assistant Clerk for case processing. (pl) [Transferred from New York Southern on 9/8/2010.]
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Filing 44
ORDER: Before transferring this action, the parties should inform the Court by August 27, 2010 whether they dispute that this action could have been brought in the Eastern District of New York and, if so, why. (Signed by Judge John G. Koeltl on 8/24/10) (db) [Transferred from New York Southern on 9/8/2010.]
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Filing 43
ORDER: The parties are directed to advise the Court by August 20, 2010, why the case should not be transferred to the United States District Court for the Eastern District of New York pursuant to 28 U.S.C. 1404(a), for the convenience of the parties and in the interests of justice, in view of the pendency of related civil and criminal litigation in the Eastern District of New York. (Signed by Judge Laura Taylor Swain, Part I, on 8/13/2010) (jpo) [Transferred from New York Southern on 9/8/2010.]
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Filing 42
ENDORSED LETTER addressed to Judge John G. Koeltl from Gary S. Graifman dated 8/4/2010 re: Requesting leave to attend the conference currently scheduled for August 6, 2010, telephonically. ENDORSEMENT: Counsel may appear by telephone. (Signed by Judge John G. Koeltl on 8/4/2010) (jpo) [Transferred from New York Southern on 9/8/2010.]
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Filing 41
ORDER: Because there is a notice of bankruptcy of defendant Spongetech Delivery Systems, Inc., and the case is stayed as to it, the parties should advise the Court by 7/30/2010 with respect to their positions as to what effect, if any, the stay as to Spongetech should have on the proceedings in this case. (Signed by Judge John G. Koeltl on 7/23/2010) Filed In Associated Cases: 1:09-cv-08616-JGK, 1:09-cv-09037-JGK(tro) [Transferred from New York Southern on 9/8/2010.]
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Filing 40
ENDORSED LETTER addressed to Judge John G. Koeltl from Gary S. Graifman dated 5/24/2010 re: It is my intention to call Mr. Bessette and attempt to work out a schedule with him unless the Court believes that a sixty (60) day delay for Defendants to answer or otherwise move is not acceptable. ENDORSEMENT: The parties should provide a comprehensive scheduling order as indicated at the last conference. Sixty days to file Consolidated Complaint and for the first motion to dismiss,is reasonable, providing that is part of the comprehensive schedule outlined by the Court. (Signed by Judge John G. Koeltl on 5/25/2010) (jpo) Modified on 6/7/2010 (jpo). [Transferred from New York Southern on 9/8/2010.] (Main Document 40 replaced on 8/17/2012) (Barrett, C).
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Filing 39
MEMO ENDORSEMENT on # 40 ORDER GRANTING THE MOTION OF THE SULLIVAN LEAD PLAINTIFF GROUP, FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFFS AND APPROVAL OF SELECTION OF LEAD COUNSEL. (CORRECTED) ENDORSEMENT: Action 09 Civ. 9037 is dismissed without prejudice because it is consolidated with 09CV8616 and all filing should be in 09 Civ. 8616. (Signed by Judge John G. Koeltl on 5/19/2010) Filed In Associated Cases: 1:09-cv-08616-JGK, 1:09-cv-09037-JGK(jpo) [Transferred from New York Southern on 9/8/2010.]
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Filing 38
ORDER GRANTING THE MOTION OF THE SULLIVAN LEAD PLAINTIFF GROUP, FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFFS AND APPROVAL OF SELECTION OF LEAD COUNSEL, The Actions (as defined in the accompanying Memorandum of Law) and any other actions are hereby consolidated into one action (hereinafter, the "Consolidated Action") for all purposes, pursuant to Federal Rules of Civil Procedure 42. This Order (the "Order") shall apply as specified to the Consolidated Action and to each case that relates to the same subject matter that is subsequently filed in this Court or transferred to this Court and is consolidated with the Consolidated Action. A Master File is hereby established for this proceeding. The Master File shall be 1:09-CY-8616 (JGK). The Clerk shall file all pleadings in the Master File and note such filings on the Master Docket. The Clerk shall mail a copy of this Order to counsel of record in the Consolidated Actions. Every pleading filed in the Consolidated Action shall have the following caption: IN RE SPONGETECH DELIVERY SYSTEMS, INC. SECURITIES LITIGATION. The following plaintiffs and class members are appointed lead plaintiffs pursuant to Section 210 (a)(3)(B) of the Securities Exchange Act of 1934 ("Exchange Act"): Patrick Sullivan, Dennis J. Fogell, and Lisa Fogell. The law firm of Kantrowitz, Goldhamer & Graifman is hereby appointed as Lead Counsel for Plaintiffs and the Class. ENDORSEMENT: Action 09cv9037 is dismissed without prejudice because it is consolidated with 09cv8616 and all filing should be in 09cv9038. (Signed by Judge John G. Koeltl on 5/12/10) Filed In Associated Cases: 1:09-cv-08616-JGK, 1:09-cv-09037-JGK(pl) [Transferred from New York Southern on 9/8/2010.]
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Filing 36
ORDER ON REQUEST TO WITHDRAW: After considering Laura Moriaty's request to withdraw as attorney of record for the defendants in the above captioned matter, the court GRANTS Laura Moriaty's request to withdraw. Paul R. Bessette, Jesse Z. Weiss, and the law firm of Greenberg Traurig, LLP will continue to represent the defendants. SO ORDERED. (Signed by Judge John G. Koeltl on 5/7/2010) (tve) [Transferred from New York Southern on 9/8/2010.]
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CONSOLIDATED MEMBER CASE: Create association to 1:09-cv-08616-JGK. (tve) [Transferred from New York Southern on 9/8/2010.]
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Filing 37
ORDER: As explained on the record today, the Sullivan Group's motion to consolidate these actions, for appointment as lead plaintiffs, and to appoint lead counsel is granted. The motions of the Schick and Knadle groups are denied. The Clerk is directed to close all of the pending motions. SO ORDERED. (Signed by Judge John G. Koeltl on 2/20/2010) Filed In Associated Cases: 1:09-cv-08616-JGK, 1:09-cv-09037-JGK(tve) [Transferred from New York Southern on 9/8/2010.]
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Filing 35
ENDORSED LETTER addressed to Judge John G. Koeltl from Gary S. Graifman dated 4/27/2010 re: Counsel writes requesting that the Court move the scheduled oral argument on the motion for appointment of lead counsel to another date due to a conflict. ENDORSEMENT: Adjourned to Friday, 5/7/2010 at 4:00 pm. SO ORDERED. (Signed by Judge John G. Koeltl on 4/29/2010) (tve) [Transferred from New York Southern on 9/8/2010.]
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Set/Reset Hearings: Oral Argument set for 5/7/2010 at 04:00 PM before Judge John G. Koeltl. (tve) [Transferred from New York Southern on 9/8/2010.]
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Filing 34
NOTICE OF ORAL ARGUMENT: You are directed to appear for oral argument on the pending motion(s), to be held on Thursday, May 6, 2010 at 2:30pm in Courtroom 12B, in front of the Honorable John G. Koeltl. All requests for adjournments must be made in writing to the Court. For any further information, please contact the Court at (212) 805-0107.(jfe) [Transferred from New York Southern on 9/8/2010.]
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Filing 33
ORDER the Court has only received sporadic courtesy copies of the pending motions in this case. Therefore, the Court requests that defense counsel provide the Court with the following by 4/16/10: (1) a list of all pending motions and (2) a set of courtesy copies of all of the papers addressing the pending motions. So Ordered. (Signed by Judge John G. Koeltl on 4/7/10) (cd) [Transferred from New York Southern on 9/8/2010.]
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Filing 32
ORDER: The defendants are requested to provide the Court with courtesy copies of all papers in the pending motions in these cases. SO ORDERED. (Signed by Judge John G. Koeltl on 4/1/2010) (tve) [Transferred from New York Southern on 9/8/2010.]
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Filing 31
ORDER: The defendants are requested to provide the Court with a list of all pending related cases and motions, and any courtesy copies which have not been previously provided. SO ORDERED. (Signed by Judge John G. Koeltl on 2/20/2010) (tve) [Transferred from New York Southern on 9/8/2010.]
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Filing 30
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: granting # 22 Motion for Laura Moriaty to Appear Pro Hac Vice. (Signed by Judge John G. Koeltl on 2/17/2010) (jfe) [Transferred from New York Southern on 9/8/2010.]
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Filing 28
ACKNOWLEDGMENT OF SERVICE. Spongetech Delivery Systems, Inc. served on 2/8/2010, answer due 3/1/2010. Service was accepted by Paul R. Bessette, Esq.. Document filed by Jeffrey P. Orlan(Individually). (Attachments: # 1 Summons of SpongeTech Delivery Systems, Inc.)(Graifman, Gary) [Transferred from New York Southern on 9/8/2010.]
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Filing 27
ACKNOWLEDGMENT OF SERVICE. RM Enterprises International, Inc. served on 2/8/2010, answer due 3/1/2010. Service was accepted by Paul R. Bessette, Esq.. Document filed by Jeffrey P. Orlan(Individually). (Attachments: # 1 Summons of RM Enterprises International, Inc.)(Graifman, Gary) [Transferred from New York Southern on 9/8/2010.]
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Filing 26
ACKNOWLEDGMENT OF SERVICE. Frank Lazauskas served on 2/8/2010, answer due 3/1/2010. Service was accepted by Paul R. Bessette, Esq.. Document filed by Jeffrey P. Orlan(Individually). (Attachments: # 1 Summons of Frank Lazauskas c/o SpongeTech Delivery Systems, Inc.)(Graifman, Gary) [Transferred from New York Southern on 9/8/2010.]
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Filing 25
ACKNOWLEDGMENT OF SERVICE. Steven Moskowitz served on 2/8/2010, answer due 3/1/2010. Service was accepted by Paul R. Bessette, Esq.. Document filed by Jeffrey P. Orlan(Individually). (Attachments: # 1 Summons of Steven Moskowitz c/o SpongeTech Delivery Systems, Inc.)(Graifman, Gary) [Transferred from New York Southern on 9/8/2010.]
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Filing 24
ACKNOWLEDGMENT OF SERVICE. Michael L. Metter served on 2/8/2010, answer due 3/1/2010. Service was accepted by Paul R. Bessette, Esq.. Document filed by Jeffrey P. Orlan(Individually). (Attachments: # 1 Summons of Michael L. Metter c/o SpongeTech Delivery Systems, Inc.)(Graifman, Gary) [Transferred from New York Southern on 9/8/2010.]
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Filing 29
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting # 23 Motion for Jesse Z. Weiss to Appear Pro Hac Vice. (Signed by Judge John G. Koeltl on 2/9/10) (cd) [Transferred from New York Southern on 9/8/2010.]
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Filing 23
MOTION for Jesse Z. Weiss to Appear Pro Hac Vice. Document filed by Spongetech Delivery Systems, Inc., Michael L. Metter, Steven Moskowitz, Frank Lazauskas, RM Enterprises International, Inc. ***Original filed in case number 09-cv-8616, document number 29.(mro) [Transferred from New York Southern on 9/8/2010.] (Main Document 23 replaced on 8/17/2012) (Barrett, C).
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Filing 22
MOTION for Laura Moriaty to Appear Pro Hac Vice. Document filed by Spongetech Delivery Systems, Inc., Michael L. Metter, Steven Moskowitz, Frank Lazauskas, RM Enterprises International, Inc. ***Original filed in case number 09-cv-8616, document number 28.(mro) [Transferred from New York Southern on 9/8/2010.]
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Filing 21
RESPONSE re: # 18 Order. Document filed by Spongetech Delivery Systems, Inc., Michael L. Metter, Steven Moskowitz, Frank Lazauskas, RM Enterprises International, Inc.. (Bessette, Paul) [Transferred from New York Southern on 9/8/2010.]
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Filing 20
NOTICE OF CHANGE OF ADDRESS by Paul Richard Bessette on behalf of Spongetech Delivery Systems, Inc., Michael L. Metter, Steven Moskowitz, Frank Lazauskas, RM Enterprises International, Inc.. New Address: Greenberg Traurig, LLP, MetLife Building, 200 Park Avenue, New York, New York, United States 10166, (212) 801-2130. (Bessette, Paul) [Transferred from New York Southern on 9/8/2010.]
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Filing 19
NOTICE OF APPEARANCE by Paul Richard Bessette on behalf of Spongetech Delivery Systems, Inc., Michael L. Metter, Steven Moskowitz, Frank Lazauskas, RM Enterprises International, Inc. (Bessette, Paul) [Transferred from New York Southern on 9/8/2010.]
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Filing 18
ORDER: The defendants are requested to provide the Court with a list of all pending related cases and motions. (Signed by Judge John G. Koeltl on 1/8/2010) (jfe) [Transferred from New York Southern on 9/8/2010.]
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Filing 17
DECLARATION of Phillip Kim in Support re: # 6 MOTION to Appoint Counsel the Rosen Law Firm, P.A. . MOTION to Appoint Michael Schick, Daniel Guo, John D. McCosh to serve as lead plaintiff(s). MOTION to Consolidate Cases 09-CV-8616 (JGK). MOTION to Appoint Michael Schick, Daniel Guo, John D. McCosh to serve as lead plaintiff(s). MOTION to Consolidate Cases 09-CV-8616 (JGK).. Document filed by Schick Group. (Attachments: # 1 Exhibit 1)(Kim, Phillip)[Transferred from New York Southern on 9/8/2010.] (Attachment 1 replaced on 8/17/2012) (Barrett, C).
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Filing 16
REPLY to Response to Motion re: # 6 MOTION to Appoint Counsel the Rosen Law Firm, P.A. . MOTION to Appoint Michael Schick, Daniel Guo, John D. McCosh to serve as lead plaintiff(s). MOTION to Consolidate Cases 09-CV-8616 (JGK). MOTION to Appoint Michael Schick, Daniel Guo, John D. McCosh to serve as lead plaintiff(s). MOTION to Consolidate Cases 09-CV-8616 (JGK).. Document filed by Schick Group. (Kim, Phillip) [Transferred from New York Southern on 9/8/2010.]
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Filing 15
REPLY MEMORANDUM OF LAW in Support re: # 9 MOTION to Appoint The Sullivan Lead Plaintiff Group to serve as lead plaintiff(s).. Document filed by The Sullivan Lead Plaintiff Group. (Attachments: # 1 Affidavit of Service of Reply Brief)(Graifman, Gary) [Transferred from New York Southern on 9/8/2010.]
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Filing 14
DECLARATION of Gary S. Graifman in Opposition re: # 6 MOTION to Appoint Counsel the Rosen Law Firm, P.A. . MOTION to Appoint Michael Schick, Daniel Guo, John D. McCosh to serve as lead plaintiff(s). MOTION to Consolidate Cases 09-CV-8616 (JGK). MOTION to Appoint Michael Schick, Daniel Guo, John D. McCosh to serve as lead plaintiff(s). MOTION to Consolidate Cases 09-CV-8616 (JGK)., # 3 MOTION to Appoint Knadle Group to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Consolidate Cases 1:09-cv-8616. MOTION to Appoint Knadle Group to serve as lead plaintiff(s).. Document filed by The Sullivan Lead Plaintiff Group. (Attachments: # 1 Exhibit A to Graifman Declaraton, # 2 Exhibit B to Graifman Declaration, # 3 Affidavit of Service of brief and Declaration)(Graifman, Gary) [Transferred from New York Southern on 9/8/2010.] (Attachment 2 replaced on 8/17/2012) (Barrett, C).
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Filing 13
MEMORANDUM OF LAW in Opposition re: # 6 MOTION to Appoint Counsel the Rosen Law Firm, P.A. . MOTION to Appoint Michael Schick, Daniel Guo, John D. McCosh to serve as lead plaintiff(s). MOTION to Consolidate Cases 09-CV-8616 (JGK). MOTION to Appoint Michael Schick, Daniel Guo, John D. McCosh to serve as lead plaintiff(s). MOTION to Consolidate Cases 09-CV-8616 (JGK)., # 3 MOTION to Appoint Knadle Group to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Consolidate Cases 1:09-cv-8616. MOTION to Appoint Knadle Group to serve as lead plaintiff(s).. Document filed by The Sullivan Lead Plaintiff Group. (Attachments: # 1 Affidavit of Service of Brief and Declaration)(Graifman, Gary) [Transferred from New York Southern on 9/8/2010.]
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Filing 12
MEMORANDUM OF LAW in Opposition re: # 9 MOTION to Appoint The Sullivan Lead Plaintiff Group to serve as lead plaintiff(s)., # 3 MOTION to Appoint Knadle Group to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Consolidate Cases 1:09-cv-8616. MOTION to Appoint Knadle Group to serve as lead plaintiff(s).. Document filed by Schick Group. (Kim, Phillip) [Transferred from New York Southern on 9/8/2010.]
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Filing 11
DECLARATION of Gary S. Graifman, Esq. in Support re: # 9 MOTION to Appoint The Sullivan Lead Plaintiff Group to serve as lead plaintiff(s).. Document filed by The Sullivan Lead Plaintiff Group. (Attachments: # 1 Exhibit A to Gary S. Graifman Declaration, # 2 Exhibit B to Gary S. Graifman Declaration, # 3 Exhibit C to Gary S. Graifman Declaration, # 4 Exhibit D to Gary S. Graifman Declaration)(Graifman, Gary) [Transferred from New York Southern on 9/8/2010.] (Attachment 1 replaced on 8/17/2012) (Barrett, C). (Attachment 3 replaced on 8/17/2012) (Barrett, C).
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Filing 10
BRIEF IN SUPPORT OF MOTION OF THE SULLIVAN LEAD PLAINTIFF GROUP FOR APPOINTMENT OF LEAD PLAINTIFF . Document filed by The Sullivan Lead Plaintiff Group.(Graifman, Gary) [Transferred from New York Southern on 9/8/2010.] (Main Document 10 replaced on 8/17/2012) (Barrett, C).
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Filing 9
MOTION to Appoint The Sullivan Lead Plaintiff Group to serve as lead plaintiff(s). Document filed by The Sullivan Lead Plaintiff Group. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Graifman, Gary) [Transferred from New York Southern on 9/8/2010.]
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Filing 8
DECLARATION of Phillip Kim in Support re: # 6 MOTION to Appoint Counsel the Rosen Law Firm, P.A. . MOTION to Appoint Michael Schick, Daniel Guo, John D. McCosh to serve as lead plaintiff(s). MOTION to Consolidate Cases 09-CV-8616 (JGK). MOTION to Appoint Michael Schick, Daniel Guo, John D. McCosh to serve as lead plaintiff(s). MOTION to Consolidate Cases 09-CV-8616 (JGK).. Document filed by Schick Group. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Kim, Phillip) [Transferred from New York Southern on 9/8/2010.] (Attachment 2 replaced on 8/17/2012) (Barrett, C).
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Filing 7
MEMORANDUM OF LAW in Support re: # 6 MOTION to Appoint Counsel the Rosen Law Firm, P.A. . MOTION to Appoint Michael Schick, Daniel Guo, John D. McCosh to serve as lead plaintiff(s). MOTION to Consolidate Cases 09-CV-8616 (JGK). MOTION to Appoint Michael Schick, Daniel Guo, John D. McCosh to serve as lead plaintiff(s). MOTION to Consolidate Cases 09-CV-8616 (JGK).. Document filed by Schick Group. (Kim, Phillip) [Transferred from New York Southern on 9/8/2010.]
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Filing 6
MOTION to Appoint Counsel the Rosen Law Firm, P.A. ., MOTION to Appoint Michael Schick, Daniel Guo, John D. McCosh to serve as lead plaintiff(s)., MOTION to Consolidate Cases 09-CV-8616 (JGK). Document filed by Schick Group. (Attachments: # 1 Text of Proposed Order Proposed Order)(Kim, Phillip) [Transferred from New York Southern on 9/8/2010.]
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Filing 5
DECLARATION of William B. Federman in Support re: # 3 MOTION to Appoint Knadle Group to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Consolidate Cases 1:09-cv-8616. MOTION to Appoint Knadle Group to serve as lead plaintiff(s).. Document filed by Travis Knadle, Tony Mineruini, Marc Pumerantz, Randy Aldieri, Ken Schwab. (Attachments: # 1 Exhibit A - PSLRA Certifications, # 2 Exhibit B - PSLRA Loss Analyses, # 3 Exhibit C - Press Release, # 4 Exhibit D - Firm Resume)(Federman, William) [Transferred from New York Southern on 9/8/2010.] (Attachment 1 replaced on 8/17/2012) (Barrett, C). (Attachment 4 replaced on 8/17/2012) (Barrett, C).
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Filing 4
MEMORANDUM OF LAW in Support re: # 3 MOTION to Appoint Knadle Group to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Consolidate Cases 1:09-cv-8616. MOTION to Appoint Knadle Group to serve as lead plaintiff(s).. Document filed by Travis Knadle, Tony Mineruini, Marc Pumerantz, Randy Aldieri, Ken Schwab. (Federman, William) [Transferred from New York Southern on 9/8/2010.]
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Filing 3
MOTION to Appoint Knadle Group to serve as lead plaintiff(s)., MOTION to Appoint Counsel., MOTION to Consolidate Cases 1:09-cv-8616. Document filed by Travis Knadle, Tony Mineruini, Marc Pumerantz, Randy Aldieri, Ken Schwab. (Attachments: # 1 Exhibit A - Proposed Order)(Federman, William) [Transferred from New York Southern on 9/8/2010.]
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Filing 2
NOTICE OF CASE ASSIGNMENT to Judge John G. Koeltl. Judge Unassigned is no longer assigned to the case. (ldi) [Transferred from New York Southern on 9/8/2010.]
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CASE ACCEPTED AS RELATED. Create association to 1:09-cv-08616-JGK. Notice of Assignment to follow. (ldi) [Transferred from New York Southern on 9/8/2010.]
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Magistrate Judge Ronald L. Ellis is so designated. (ldi) [Transferred from New York Southern on 9/8/2010.]
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Filing 1
COMPLAINT against Spongetech Delivery Systems, Inc., Michael L. Metter, Steven Moskowitz, Frank Lazauskas, RM Enterprises International, Inc. (Filing Fee $ 350.00, Receipt Number 701016)Document filed by Jeffrey P. Orlan(Individually), Jeffrey P. Orlan(on behalf of all others similarly situated).(ama) (rj). [Transferred from New York Southern on 9/8/2010.] (Main Document 1 replaced on 8/17/2012) (Barrett, C).
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SUMMONS ISSUED as to Spongetech Delivery Systems, Inc., Michael L. Metter, Steven Moskowitz, Frank Lazauskas, RM Enterprises International, Inc. (ama) [Transferred from New York Southern on 9/8/2010.]
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Case Designated ECF. (ama) [Transferred from New York Southern on 9/8/2010.]
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CASE REFERRED TO Judge John G. Koeltl as possibly Related to 1:09-cv-8616. (ama) [Transferred from New York Southern on 9/8/2010.]
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