Salameno et al v. Gogo Inc. et al
| Salameno, John Jensen, Maria-Angela Sanzone and Charles Salameno |
| Gogo Inc, Gogo LLC and Gogo Inc. |
| 1:2016cv00487 |
| January 29, 2016 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Steven L Tiscione |
| Steven Tiscione |
| Jack B Weinstein |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 4, 2016. A more recent docket listing may be available from PACER.
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| Filing 51 MANDATE of USCA as to #50 Notice of Appeal, filed by Maria-Angela Sanzone, Charles Salameno, John Jensen. The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to FRAP 42. The stipulation is hereby "So Ordered". Issued as Mandate: 11/4/16. USCA #16-3489. (McGee, Mary Ann) |
| Filing 50 NOTICE OF APPEAL as to #49 Order on Motion for Reconsideration, #34 Order on Motion to Strike, Order on Motion to Compel, Terminated Case,,, #36 Memorandum & Opinion, Case Stayed, Terminated Case,,, by John Jensen, Charles Salameno, Maria-Angela Sanzone. Filing fee $ 505, receipt number 0207-8991742. (Tucker, Clifford) |
| Electronic Index to Record on Appeal sent to US Court of Appeals. #50 Notice of Appeal, Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (McGee, Mary Ann) |
Filing 49
MEMORANDUM & ORDER denying plaintiff's #37 Motion for Reconsideration. There has been no change in controlling law, and no evidence was discovered that could not have been produced before the July 25 Order. Ordered by Judge Jack B. Weinstein on 9/13/2016. (Barrett, C)
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| Filing 48 Minute Entry for proceedings held before Judge Jack B. Weinstein: Motion Hearing held on 9/12/2016 re #37 First MOTION for Reconsideration filed by Maria-Angela Sanzone, Charles Salameno, John Jensen. Counsel for all sides present. Motion argued. Decision reserved. (Court Reporter A. Grant.) (Barrett, C) |
| Filing 47 Letter re 9.8.16 order by John Jensen, Charles Salameno, Maria-Angela Sanzone (Tucker, Clifford) |
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Filing 46
ORDER re plaintiffs' #45 Reply to Response to Motion. On page 4, reference is made to Delta Airlines' portal, and the lack of a screen "plaintiffs would have seen when signing into their existing accounts." These documents should be filed or refiled. Copies shall be given to the court, and argument on them will be heard on 9/12/2016 at 10:30 a.m. in Courtroom 10 B South. Ordered by Judge Jack B. Weinstein on 9/6/2016. (Barrett, C)
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| Filing 45 REPLY to Response to Motion re #37 First MOTION for Reconsideration re #36 Memorandum & Opinion, Case Stayed, Terminated Case,,, #35 Motion Hearing, #34 Order on Motion to Strike, Order on Motion to Compel, Terminated Case,,, Case Reopened filed by John Jensen, Charles Salameno, Maria-Angela Sanzone. (Tucker, Clifford) |
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Filing 44
ENDORSED ORDER re #42 Proposed Scheduling Order. Approved. Ordered by Judge Jack B. Weinstein on 8/21/2016. (Barrett, C)
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| Filing 43 MEMORANDUM in Opposition re #37 First MOTION for Reconsideration re #36 Memorandum & Opinion, Case Stayed, Terminated Case,,, #35 Motion Hearing, #34 Order on Motion to Strike, Order on Motion to Compel, Terminated Case,,, Case Reopened filed by Gogo Inc., Gogo LLC. (Laura, Anthony) |
| Filing 42 Proposed Scheduling Order Regarding Briefing Schedule by John Jensen, Charles Salameno, Maria-Angela Sanzone (Tucker, Clifford) |
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Filing 41
SCHEDULING ORDER. The court will hear plaintiffs' #37 motion for reconsideration, dated August 1, 2016, on September 12, 2016, at 10:30 a.m. in Courtroom 10 B South. The parties shall set a prompt briefing schedule. If they cannot agree, the magistrate judge is respectfully requested to do so. Ordered by Judge Jack B. Weinstein on 8/9/2016. (Barrett, C)
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| Filing 40 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 06-30-16, before Judge Weinstein. Court Reporter/Transcriber N. CANALES, Telephone number 718-613-2509. Email address: cnlsnic@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 8/29/2016. Redacted Transcript Deadline set for 9/8/2016. Release of Transcript Restriction set for 11/7/2016. (Canales, Nicole) |
| Filing 39 REPLY to Response to Motion re #37 First MOTION for Reconsideration re #36 Memorandum & Opinion, Case Stayed, Terminated Case,,, #35 Motion Hearing, #34 Order on Motion to Strike, Order on Motion to Compel, Terminated Case,,, Case Reopened Letter Reply to Defendants' Letter Response to Motion for Reconsideration filed by John Jensen, Charles Salameno, Maria-Angela Sanzone. (Tucker, Clifford) |
| Filing 38 RESPONSE to Motion re #37 First MOTION for Reconsideration re #36 Memorandum & Opinion, Case Stayed, Terminated Case,,, #35 Motion Hearing, #34 Order on Motion to Strike, Order on Motion to Compel, Terminated Case,,, Case Reopened (Letter Response Addressing Untimeliness of Plaintiffs' Motion For Reconsideration) filed by Gogo Inc., Gogo LLC. (Laura, Anthony) |
| Filing 37 First MOTION for Reconsideration re #36 Memorandum & Opinion, Case Stayed, Terminated Case,,, #35 Motion Hearing, #34 Order on Motion to Strike, Order on Motion to Compel, Terminated Case,,, Case Reopened by John Jensen, Charles Salameno, Maria-Angela Sanzone. (Attachments: #1 Memorandum in Support Memorandum in Support, #2 Exhibit Ex. A, #3 Exhibit Ex. B, #4 Exhibit Ex. C, #5 Exhibit Ex. D, #6 Exhibit Ex. E, #7 Exhibit Ex. F, #8 Exhibit Ex. G, #9 Exhibit Ex. H, #10 Exhibit Ex. I, #11 Exhibit Ex. J, #12 Exhibit Ex. K, #13 Exhibit Ex. L, #14 Exhibit Ex. M, #15 Exhibit Ex. N, #16 Exhibit Ex. O, #17 Exhibit Ex. P, #18 Exhibit Ex. Q, #19 Exhibit Ex. R, #20 Exhibit Ex. S, #21 Exhibit Ex. T) (Tucker, Clifford) |
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Filing 36
AMENDED MEMORANDUM & ORDER denying plaintiffs' #23 Cross-Motion to Strike; granting Gogo's #19 Motion to Compel Arbitration. The parties shall proceed to arbitrate their claims in accordance with the arbitration clause they agreed to. The case is otherwise stayed. The clerk is directed to administratively close the case. Ordered by Judge Jack B. Weinstein on 7/25/2016. (Barrett, C)
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| Case Reopened. (Barrett, C) |
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Filing 34
MEMORANDUM, ORDER & JUDGMENT denying plaintiffs' #23 Cross-Motion to Strike; granting Gogo's #19 Motion to Compel Arbitration. The parties shall proceed to arbitrate their claims in accordance with the arbitration clause they agreed to. The case is otherwise dismissed. All other requests for relief in Gogo's motion are denied as moot. The clerk is directed to close the case. Ordered by Judge Jack B. Weinstein on 7/7/2016. (Barrett, C)
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| Filing 35 Minute Entry for proceedings held before Judge Jack B. Weinstein: Motion Hearing held on 6/30/2016 re Motion for Various Relief. Counsel for all sides present. Motion argued. Decision reserved. (Court Reporter N. Canales.) (Barrett, C) |
| NOTICE of Hearing on Motion #19 Notice of MOTION to Compel Arbitration, Transfer Venue or, Alternatively Dismiss the Amended Class Action Complaint, #23 First MOTION to Strike #19 Notice of MOTION to Compel Arbitration, Transfer Venue or, Alternatively Dismiss the Amended Class Action Complaint, #21 Memorandum in Support, #20 Affidavit in Support of Motion, #22 Memorandum in Opposition : The time of the Motion Hearing set for 6/30/2016 is changed to 11:45 A.M in Courtroom 10B South before Judge Jack B. Weinstein. (Lowe, June) |
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Filing 33
ORDER re #32 Letter filed by Gogo LLC, Gogo Inc. The court's prior order concerning the presence of witnesses remains in effect. Each named plaintiff shall appear in person or by telephone at the June 30, 2016 hearing on defendants' motion and plaintiffs' cross-motion. An individual representative of defendants who has personal knowledge of the facts at issue shall also appear in person or by telephone. Ordered by Judge Jack B. Weinstein on 6/29/2016. (Barrett, C)
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| Filing 32 Letter from Anthony J. Laura to The Honorable Jack B. Weinstein, U.S.D.J. regarding additional webpage screenshots by Gogo Inc., Gogo LLC (Laura, Anthony) |
| Filing 31 REPLY in Support re #28 Reply to Response to Motion, #19 Notice of MOTION to Compel Arbitration, Transfer Venue or, Alternatively Dismiss the Amended Class Action Complaint, #24 Scheduling Order, #21 Memorandum in Support, #26 Memorandum in Opposition, #29 Affidavit in Support of Motion, #20 Affidavit in Support of Motion, #22 Memorandum in Opposition, #23 First MOTION to Strike #19 Notice of MOTION to Compel Arbitration, Transfer Venue or, Alternatively Dismiss the Amended Class Action Complaint, #21 Memorandum in Support, #20 Affidavit in Support of Motion, #22 Memorandum in Opposition , REPLY to Response to Motion re #19 Notice of MOTION to Compel Arbitration, Transfer Venue or, Alternatively Dismiss the Amended Class Action Complaint, #23 First MOTION to Strike #19 Notice of MOTION to Compel Arbitration, Transfer Venue or, Alternatively Dismiss the Amended Class Action Complaint, #21 Memorandum in Support, #20 Affidavit in Support of Motion, #22 Memorandum in Opposition filed by All Plaintiffs. (Tucker, Clifford) |
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Filing 30
ORDER. In advance of the June 30, 2016 hearing, defendants shall file and docket a webpage screenshot of the webpage plaintiffs would have seen when signing into their existing accounts. Ordered by Judge Jack B. Weinstein on 6/27/2016. (Barrett, C)
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| Filing 29 AFFIDAVIT/DECLARATION in Support re #19 Notice of MOTION to Compel Arbitration, Transfer Venue or, Alternatively Dismiss the Amended Class Action Complaint Reply Declaration of Sara Rossio filed by Gogo Inc., Gogo LLC. (Laura, Anthony) |
| Filing 28 REPLY to Response to Motion re #19 Notice of MOTION to Compel Arbitration, Transfer Venue or, Alternatively Dismiss the Amended Class Action Complaint filed by Gogo Inc., Gogo LLC. (Laura, Anthony) |
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Filing 27
ENDORSED ORDER approving #25 Motion for Extension of Time to File Response/Reply re #23 First MOTION to Strike #19 Notice of MOTION to Compel Arbitration, Transfer Venue or, Alternatively Dismiss the Amended Class Action Complaint, #21 Memorandum in Support, #20 Affidavit in Support of Motion, #22 Memorandum in Opposition. Opposition due by 6/21/2016. Reply due by 6/28/2016. Ordered by Judge Jack B. Weinstein on 6/21/2016. (Barrett, C)
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| Filing 26 MEMORANDUM in Opposition re #23 First MOTION to Strike #19 Notice of MOTION to Compel Arbitration, Transfer Venue or, Alternatively Dismiss the Amended Class Action Complaint, #21 Memorandum in Support, #20 Affidavit in Support of Motion, #22 Memorandum in Opposition filed by Gogo Inc., Gogo LLC. (Laura, Anthony) |
| Filing 25 First MOTION for Extension of Time to File by John Jensen, Charles Salameno, Maria-Angela Sanzone. (Tucker, Clifford) Modified on 6/23/2016 (Barrett, C). |
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Filing 24
SCHEDULING ORDER. Plaintiffs' #23 Motion to Strike shall be heard with defendants' #19 Motion to Dismiss on 6/30/2016 at 10:30 a.m. in Courtroom 10 B South. The parties shall agree on a briefing schedule. If the parties cannot agree, the magistrate shall set one. Ordered by Judge Jack B. Weinstein on 6/15/2016. (Barrett, C)
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| Filing 23 First MOTION to Strike #19 Notice of MOTION to Compel Arbitration, Transfer Venue or, Alternatively Dismiss the Amended Class Action Complaint, #21 Memorandum in Support, #20 Affidavit in Support of Motion, #22 Memorandum in Opposition by John Jensen, Charles Salameno, Maria-Angela Sanzone. Responses due by 6/23/2016 (Attachments: #1 Memorandum in Support) (Tucker, Clifford) |
| Filing 22 MEMORANDUM in Opposition re #19 Notice of MOTION to Compel Arbitration, Transfer Venue or, Alternatively Dismiss the Amended Class Action Complaint filed by All Plaintiffs. (Tucker, Clifford) |
| Filing 21 MEMORANDUM in Support re #19 Notice of MOTION to Compel Arbitration, Transfer Venue or, Alternatively Dismiss the Amended Class Action Complaint filed by Gogo Inc., Gogo LLC. (Laura, Anthony) |
| Filing 20 AFFIDAVIT/DECLARATION in Support re #19 Notice of MOTION to Compel Arbitration, Transfer Venue or, Alternatively Dismiss the Amended Class Action Complaint filed by Gogo Inc., Gogo LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Laura, Anthony) |
| Filing 19 Notice of MOTION to Compel Arbitration, Transfer Venue or, Alternatively Dismiss the Amended Class Action Complaint by Gogo Inc., Gogo LLC. (Laura, Anthony) |
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Filing 18
SCHEDULING ORDER denying as moot #11 Motion to Dismiss; adopting the briefing schedule set forth in #17 Letter: Motion in response to the Amended Class Action Complaint due by 5/23/2016; Opposition due by 6/13/2016; Reply due by 6/23/2016; and adjourning the 5/25/2016 hearing to 6/30/2016 at 10:30 a.m. Ordered by Judge Jack B. Weinstein on 5/9/2016. (Barrett, C) Modified on 5/10/2016 (Barrett, C).
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| Filing 17 Consent MOTION to Withdraw #11 Notice of MOTION to Compel Arbitration, Transfer Venue or, Alternatively, to Dismiss And to Adopt The Proposed Schedule in Response to The Amended Class Action Complaint by Gogo Inc., Gogo LLC. (Laura, Anthony) |
| Filing 16 First MOTION for Extension of Time to File Response/Reply as to #15 Order Setting Hearing on Motion, #13 Memorandum in Support, #11 Notice of MOTION to Compel Arbitration, Transfer Venue or, Alternatively, to Dismiss, #12 Affidavit in Support of Motion, #14 Amended Complaint,, , First MOTION for Leave to File by John Jensen, Charles Salameno, Maria-Angela Sanzone. (Attachments: #1 Exhibit Memorandum of Law Opposing Defendants' Motion, #2 Exhibit Amended Complaint) (Tucker, Clifford) |
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Filing 15
SCHEDULING ORDER Setting Hearing on Defendants' #11 Motion to Compel Arbitration, Transfer Venue, and Dismiss. Hearing set for May 25, 2016 at 11:15 a.m. in Courtroom 10 B South. Ordered by Judge Jack B. Weinstein on 5/2/2016. (Barrett, C)
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| Filing 14 AMENDED COMPLAINT against Gogo Inc., Gogo LLC, filed by Charles Salameno, John Jensen, Maria-Angela Sanzone. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit) (Tucker, Clifford) |
| Filing 13 MEMORANDUM in Support re #11 Notice of MOTION to Compel Arbitration, Transfer Venue or, Alternatively, to Dismiss filed by Gogo Inc., Gogo LLC. (Laura, Anthony) |
| Filing 12 AFFIDAVIT/DECLARATION in Support re #11 Notice of MOTION to Compel Arbitration, Transfer Venue or, Alternatively, to Dismiss filed by Gogo Inc., Gogo LLC. (Attachments: #1 Exhibit 1 to Declaration of Sara Rossio, #2 Exhibit 2 to Declaration of Sara Rossio, #3 Exhibit 3 to Declaration of Sara Rossio) (Laura, Anthony) |
| Filing 11 Notice of MOTION to Compel Arbitration, Transfer Venue or, Alternatively, to Dismiss by Gogo Inc., Gogo LLC. (Laura, Anthony) Modified on 5/10/2016 (Barrett, C). |
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The 5/5/2016 Initial Conference before Magistrate Judge Scanlon is canceled. Ordered by Magistrate Judge Vera M. Scanlon on 3/29/2016. (Quinlan, Krista)
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ORDER granting #10 Motion for Extension of Time to Answer. Defendants' deadline to answer the Complaint or otherwise move is extended to 4/18/2016. Ordered by Magistrate Judge Vera M. Scanlon on 3/28/2016. (Quinlan, Krista)
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| Case Reassigned to Magistrate Judge Steven L Tiscione. Magistrate Judge Vera M. Scanlon no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Lee, Tiffeny) |
| Filing 10 Letter MOTION for Extension of Time to File Answer re #1 Complaint,, by Gogo Inc., Gogo LLC. (Attachments: #1 Stipulation Extending Time to Respond and Waiving Certain Defenses) (Laura, Anthony) |
| Filing 9 AFFIDAVIT/AFFIRMATION re Order on Motion to Adjourn Conference, Terminate Deadlines and Hearings, Scheduling Order,,, #6 Scheduling Order, by John Jensen, Charles Salameno, Maria-Angela Sanzone (Tucker, Clifford) |
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ORDER granting in part and denying in part #8 Motion to Adjourn Conference. The Court is not available on the dates requested. RE-SCHEDULING ORDER: The 3/15/016 Initial Conference is rescheduled to 5/5/2016 at 10:00 AM in Courtroom 504 North before Magistrate Judge Vera M. Scanlon. Plaintiffs' counsel is ordered to serve this Order on Defendants' counsel, and to file an affidavit of service by 3/18/2016. Ordered by Magistrate Judge Vera M. Scanlon on 3/11/2016. (Quinlan, Krista)
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| Filing 8 First MOTION to Adjourn Conference Initial Conference by John Jensen, Charles Salameno, Maria-Angela Sanzone. (Tucker, Clifford) |
| Filing 7 WAIVER OF SERVICE Returned Executed by Charles Salameno, John Jensen, Maria-Angela Sanzone. All Defendants. (Tucker, Clifford) |
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Filing 6
SCHEDULING ORDER: As set forth in the attached Order, an Initial Conference is set for 3/15/2016 at 12:00 PM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. Plaintiffs' counsel is ordered to serve this Order on Defendants' counsel, and to file an affidavit of service by 2/16/2016. Counsel must complete the attached joint proposed scheduling order and file on ECF no later than 2/25/2016. Ordered by Magistrate Judge Vera M. Scanlon on 2/5/2016. (Quinlan, Krista)
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Filing 5
COURT ORDER ON CASE FILING re #1 Complaint. Magistrate Judge Scanlon is respectfully requested to expedite. My case manager is to set a conference before me on case control promptly upon completion of discovery as certified by the magistrate judge or the filing of a dispositive motion, whichever occurs earlier. Motions under Rule 12 are not encouraged. Plaintiff and a knowledgeable person for the defendant shall appear at the conference. Ordered by Judge Jack B. Weinstein on 2/2/2016. (Barrett, C)
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| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
| Filing 2 Summons Issued as to All Defendants. (Bowens, Priscilla) |
| Case assigned to Judge Jack B. Weinstein and Magistrate Judge Vera M. Scanlon. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) |
| Filing 1 COMPLAINT 1:16-cv-00487 against All Defendants filing fee $ 400, receipt number 0207-8340479 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Charles Salameno, John Jensen, Maria-Angela Sanzone. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Proposed Summons Proposed summons, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M) (Tucker, Clifford) |
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