Mraz et al v. J.P. Morgan Chase et al
| George Mraz |
| J.P. Morgan Chase, Rubiel Tineo, Sabrina Nguyen, Jorge Luis Argudo, JP Morgan Chase Bank, N.A. and J.P. Morgan Securities, LLC |
| Jiri O. Mraz and Camilla Mraz |
| Public Administrator Of Queens County |
| 1:2017cv06380 |
| November 1, 2017 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Sanket J Bulsara |
| I Leo Glasser |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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| Filing 64 CLERK'S JUDGMENT, that Chase's motion for judgment on the pleadings is granted; and that Chase is directed to release the remaining $7,968.13 to Plaintiffs. Signed by Douglas C. Palmer, Clerk of Court, By J. Poveda, Deputy Clerk on 4/4/2019. (Layne, Monique) |
Filing 63
ORDER granting #52 Motion for Judgment on the Pleadings Ordered by Judge I. Leo Glasser on 4/3/2019. (Perlman, Alexa) (Main Document 63 replaced on 4/3/2019) (Kessler, Stanley).
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| Filing 62 REPLY in Support re #52 MOTION for Judgment on the Pleadings filed by JP Morgan Chase Bank, N.A.. (Weiss, Andrea) |
| Filing 61 MEMORANDUM in Opposition re #52 MOTION for Judgment on the Pleadings filed by Camilla Mraz, Camilla Mraz, Jiri O. Mraz. (Lewis, Cari) |
| Filing 60 AFFIDAVIT/DECLARATION in Opposition re #52 MOTION for Judgment on the Pleadings filed by Camilla Mraz, Camilla Mraz, Jiri O. Mraz. (Attachments: #1 Exhibit Exhibit A - Amended Complaint, #2 Exhibit Exhibit B - March 2017 DAA, #3 Exhibit Exhibit C - August 2017 DAA) (Lewis, Cari) |
| Filing 59 AFFIDAVIT/DECLARATION in Opposition re #52 MOTION for Judgment on the Pleadings filed by Public Administrator Of Queens County. (Attachments: #1 Exhibit Exhibit A - SCPA 1404 Notification) (Reich, Michael) |
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Filing 58
ORDER granting #56 Motion for Extension of Time to File Response/Reply. Opposition papers are to be filed on or before 11/2/2018. Reply papers, if any, are to be filed on or before 11/29/2018. Ordered by Judge I. Leo Glasser on 10/19/2018. (Kessler, Stanley)
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| Filing 57 MOTION for Extension of Time to File Response/Reply as to #53 Memorandum in Support, #54 Affidavit in Support of Motion, #52 MOTION for Judgment on the Pleadings by Camilla Mraz, Camilla Mraz, Jiri O. Mraz. (Lewis, Cari) |
| Filing 56 MOTION for Extension of Time to File Response/Reply as to #53 Memorandum in Support, #54 Affidavit in Support of Motion, #52 MOTION for Judgment on the Pleadings by Camilla Mraz, Camilla Mraz, Jiri O. Mraz. (Lewis, Cari) |
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Filing 55
ORDER: For the reasons stated in the attached order, the motion to stay #50 is granted. So Ordered by Magistrate Judge Sanket J. Bulsara on 9/17/2018. (Zhang, Fan)
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| Filing 54 AFFIDAVIT/DECLARATION in Support re #52 MOTION for Judgment on the Pleadings (Declaration of Giorgio Muia) filed by JP Morgan Chase Bank, N.A.. (Attachments: #1 Exhibit A - Signature Card, #2 Exhibit B - Signature Card) (Weiss, Andrea) |
| Filing 53 MEMORANDUM in Support re #52 MOTION for Judgment on the Pleadings filed by JP Morgan Chase Bank, N.A.. (Attachments: #1 Appendix A - Amended Complaint, #2 Appendix B - Answer, Counterclaim and Third-Party Complaint, #3 Appendix C - Reply, #4 Appendix D - Answer to Third Party Complaint, #5 Appendix E - Answer to Third-Party Complaint) (Weiss, Andrea) |
| Filing 52 MOTION for Judgment on the Pleadings by JP Morgan Chase Bank, N.A.. (Weiss, Andrea) |
| Filing 51 RESPONSE to Motion re #50 Letter MOTION to Stay Discovery filed by Camilla Mraz, Camilla Mraz, Jiri O. Mraz. (Lewis, Cari) |
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ORDER: Plaintiffs' request for an extension of time #50 is granted. Plaintiffs have until August 28, 2018 to respond to the motion to stay. So Ordered by Magistrate Judge Sanket J. Bulsara on 8/13/2018. (Zhang, Fan)
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| Filing 50 Letter MOTION to Stay Discovery by JP Morgan Chase Bank, N.A.. (Attachments: #1 Exhibit A - Deposit Account Agreement) (Weiss, Andrea) |
| Filing 49 ANSWER to Complaint by Public Administrator Of Queens County. (Reich, Michael) |
| Filing 48 NOTICE of Appearance by Walter Everett Swearingen on behalf of JP Morgan Chase Bank, N.A. (aty to be noticed) (Swearingen, Walter) |
| Filing 47 Request for Certificate of Default by JP Morgan Chase Bank, N.A. (Attachments: #1 Declaration, #2 Proposed Certificate of Default) (Weiss, Andrea) |
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Minute Entry for proceedings held before Magistrate Judge Sanket J. Bulsara: A settlement conference was held on 7/26/2018. Counsel for all parties were present; Plaintiff and a representative for corporate defendant were also present. A settlement was not reached. The parties are directed to submit a joint proposal for the close of fact discovery by August 10, 2018. So Ordered by Magistrate Judge Sanket J. Bulsara. (FTR Log #10:08-10:09; 12:11-12:18.) (Zhang, Fan)
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| Filing 46 NOTICE of Change of Firm Name, Address, Telephone Number, Fax Number and Email Address by Andrea Likwornik Weiss (Weiss, Andrea) |
| Filing 45 NOTICE of Appearance by Mark J. Alonso on behalf of Camilla Mraz (notification declined or already on case) (Alonso, Mark) |
| Filing 44 ANSWER to #35 Answer to Amended Complaint,, Third Party Complaint,, Counterclaim, by Camilla Mraz, Jiri O. Mraz. (Lewis, Cari) |
| Filing 43 ANSWER to #35 Answer to Amended Complaint,, Third Party Complaint,, Counterclaim, by Camilla Mraz. (Lewis, Cari) |
| Filing 42 NOTICE of Appearance by Cari Anne Lewis on behalf of Camilla Mraz (notification declined or already on case) (Lewis, Cari) |
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Filing 41
ORDER: The proposed stipulation of confidentiality and protective order #40 is so ordered. To the extent that any portion of the stipulation is inconsistent with this Court's procedures for sealing documents or the standards governing the ability of this Court to permit the sealing of documents, the Court's practices and standards shall be followed by the parties and will govern any dispute. So Ordered by Magistrate Judge Sanket J. Bulsara on 6/8/2018. (Zhang, Fan)
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| Filing 40 Letter MOTION for Protective Order by JP Morgan Chase Bank, N.A.. (Attachments: #1 Proposed Confidentiality Order) (Weiss, Andrea) |
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ORDER: The motion to withdraw as attorney #38 is granted. Attorney Eric S. Small is terminated from the docket. So Ordered by Magistrate Judge Sanket J. Bulsara on 6/6/2018. (Zhang, Fan)
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| Filing 39 SUMMONS Returned Executed by JP Morgan Chase Bank, N.A.. Public Administrator Of Queens County served on 6/1/2018, answer due 6/22/2018. (Weiss, Andrea) |
| Filing 38 MOTION to Withdraw as Attorney by Jorge Luis Argudo, J.P. Morgan Securities, LLC, JP Morgan Chase Bank, N.A., Sabrina Nguyen, Rubiel Tineo. (Small, Eric) |
| Filing 37 SUMMONS Returned Executed by JP Morgan Chase Bank, N.A.. Camilla Mraz served on 5/31/2018, answer due 6/21/2018. (Weiss, Andrea) |
| Filing 36 Summons Issued as to Camilla Mraz, Public Administrator Of Queens County. (Attachments: #1 Summons Issued) (Almonte, Giselle) |
| Filing 35 ANSWER to #14 Amended Complaint , THIRD PARTY COMPLAINT against Public Administrator Of Queens County, Camilla Mraz, COUNTERCLAIM against Camilla Mraz, Jiri O. Mraz by JP Morgan Chase Bank, N.A.. (Attachments: #1 Proposed Summons Camilla Mraz as Preliminary Executor of the Estate of Milan Mader, #2 Proposed Summons Public Administrator of Queens County, #3 Exhibit Deposit Account Agreement effective 3/12/17) (Weiss, Andrea) |
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Filing 34
ORDER denying #13 Motion to Remand to State Court and dismissing, under Rule 21 of the Federal Rules of Civil Procedure, defendants Jorge Luis Argudo, Rubiel Tineo, and J.P. Morgan Securities, LLC. Ordered by Judge I. Leo Glasser on 5/3/2018. (O'Brien, Luke)
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Filing 33
SCHEDULING ORDER: The parties' proposed discovery schedule is adopted as follows: Rule26(a) initial disclosures by May 4, 2018; completion of Phase I of Discovery by June 18, 2018. Phase II of the discovery will be discussed at the settlement conference scheduled for July 26, 2018 at 10:00 A.M. before Magistrate Judge Bulsara in Courtroom 324N. Parties are to submit their respective settlement positions via ex parte to Chambers email no later than three days before July 26, 2018. Counsel are to refer to the Settlement Section of this Court's Individual Rules in preparation for the conference. So Ordered by Magistrate Judge Sanket J. Bulsara on 4/17/2018. (Manson, Eddie)
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| Minute Entry for proceedings held before Magistrate Judge Sanket J. Bulsara: An in person initial conference was held on 4/17/2018. Counsel for both parties were present. (See separate docket entry for order issuing from this proceeding.) (FTR Log #11:05-11:45.) (Manson, Eddie) |
| Filing 32 Proposed Scheduling Order by Jorge Luis Argudo, J.P. Morgan Securities, LLC, JP Morgan Chase Bank, N.A., Rubiel Tineo (Attachments: #1 Discovery Plan Worksheet) (Weiss, Andrea) |
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ORDER: The motion to adjourn the conference #31 is denied. The initial conference shall proceed as scheduled on 4/17/2018. So Ordered by Magistrate Judge Sanket J. Bulsara on 4/11/2018. (Zhang, Fan)
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| Filing 31 Second MOTION to Adjourn Conference by Jorge Luis Argudo, J.P. Morgan Securities, LLC, JP Morgan Chase Bank, N.A., Rubiel Tineo. (Weiss, Andrea) |
| Filing 30 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 11/13/17, before Judge I. Leo Glasser. Court Reporter/Transcriber Linda D. Danelczyk, Telephone number 718-613-2330. Email address: Linda_Danelczyk@nyed.uscourts.gov. 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 4/2/2018. Redacted Transcript Deadline set for 4/12/2018. Release of Transcript Restriction set for 6/11/2018. (Danelczyk, Linda) |
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ORDER: The Motion to Adjourn Conference #29 is granted. The initial conference scheduled for 2/6/2018 at 11:00 A.M. is adjourned to 4/17/2018 at 11:00 A.M. in Courtroom 324N before Magistrate Judge Sanket J. Bulsara. All counsel must attend. Counsel are directed to complete the attached Discovery Plan Worksheet in Docket Entry #6 and electronically file same with the Court no later than two (2) days before 4/17/2018. So Ordered by Magistrate Judge Sanket J. Bulsara on 1/30/2018. (Manson, Eddie)
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| Filing 29 First MOTION to Adjourn Conference by Jorge Luis Argudo, J.P. Morgan Securities, LLC, JP Morgan Chase Bank, N.A., Rubiel Tineo. (Weiss, Andrea) |
| Filing 28 WAIVER OF SERVICE Returned Executed by Camilla Mraz, Jiri O. Mraz. Rubiel Tineo waiver sent on 12/6/2017, answer due 2/5/2018. (Lewis, Cari) |
| Filing 27 WAIVER OF SERVICE Returned Executed by Camilla Mraz, Jiri O. Mraz. Jorge Luis Argudo waiver sent on 12/6/2017, answer due 2/5/2018. (Lewis, Cari) |
| Filing 26 WAIVER OF SERVICE Returned Executed by Camilla Mraz, Jiri O. Mraz. J.P. Morgan Securities, LLC waiver sent on 12/6/2017, answer due 2/5/2018. (Lewis, Cari) |
| Filing 25 WAIVER OF SERVICE Returned Executed by Camilla Mraz, Jiri O. Mraz. JP Morgan Chase Bank, N.A. waiver sent on 12/6/2017, answer due 2/5/2018. (Lewis, Cari) |
| Filing 24 REPLY in Support re #13 First MOTION to Remand to State Court with Exhibit filed by Camilla Mraz, Jiri O. Mraz. (Attachments: #1 Exhibit Amended Complaint) (Lewis, Cari) |
| Filing 23 Corporate Disclosure Statement by J.P. Morgan Securities, LLC identifying Corporate Parent JPMorgan Chase & Co., Corporate Parent J.P. Morgan Broker-Dealer Holdings Inc., Corporate Parent JPMorgan Chase Holdings LLC for J.P. Morgan Securities, LLC. (Weiss, Andrea) |
| Filing 22 MEMORANDUM in Opposition re #13 First MOTION to Remand to State Court filed by Jorge Luis Argudo, J.P. Morgan Securities, LLC, JP Morgan Chase Bank, N.A., Rubiel Tineo. (Weiss, Andrea) |
| Filing 21 AFFIDAVIT/DECLARATION in Opposition re #13 First MOTION to Remand to State Court Declaration of Andrea Likwornik Weiss filed by Jorge Luis Argudo, J.P. Morgan Securities, LLC, JP Morgan Chase Bank, N.A., Rubiel Tineo. (Attachments: #1 Exhibit Transcript of proceedings on 11/13/17) (Weiss, Andrea) |
| Filing 20 AFFIDAVIT/DECLARATION in Opposition re #13 First MOTION to Remand to State Court Declaration of Elizabeth Liu filed by Jorge Luis Argudo, J.P. Morgan Securities, LLC, JP Morgan Chase Bank, N.A., Rubiel Tineo. (Attachments: #1 Exhibit Argudo job profile, #2 Exhibit Tineo job profile) (Weiss, Andrea) |
| Filing 19 AFFIDAVIT/DECLARATION in Opposition re #13 First MOTION to Remand to State Court Declaration of Deborah A. Berkos filed by Jorge Luis Argudo, J.P. Morgan Securities, LLC, JP Morgan Chase Bank, N.A., Rubiel Tineo. (Attachments: #1 Exhibit Mader investment account application, #2 Exhibit Brokerage Account Agreement) (Weiss, Andrea) |
| Filing 18 AFFIDAVIT/DECLARATION in Opposition re #13 First MOTION to Remand to State Court Declaration of Laura L. Deck filed by Jorge Luis Argudo, J.P. Morgan Securities, LLC, JP Morgan Chase Bank, N.A., Rubiel Tineo. (Attachments: #1 Exhibit Deposit Account Agreement effective 3/12/17, #2 Exhibit Deposit Account Agreement effective 8/27/17) (Weiss, Andrea) |
| Filing 17 AFFIDAVIT/DECLARATION in Opposition re #13 First MOTION to Remand to State Court Declaration of Olga M. Delarosa filed by Jorge Luis Argudo, J.P. Morgan Securities, LLC, JP Morgan Chase Bank, N.A., Rubiel Tineo. (Attachments: #1 Exhibit Mader 6872 signature card, #2 Exhibit Mader 6872 signature card, #3 Exhibit Mader 9889 signature card, #4 Exhibit Mader 9889 signature card, #5 Exhibit Mraz 4283 signature card, #6 Exhibit first page of 4283 statement, #7 Exhibit Mraz 4333 signature card, #8 Exhibit first page of 4333 statement) (Weiss, Andrea) |
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Filing 16
ORDER granting #15 Motion for Extension of Time to File Response/Reply. Responses due by 12/18/2017. Replies due by 1/15/2018. Ordered by Judge I. Leo Glasser on 12/7/2017. (Kessler, Stanley)
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| Filing 15 Second MOTION for Extension of Time to File Response/Reply as to #13 First MOTION to Remand to State Court by Jorge Luis Argudo, J.P. Morgan Chase, Rubiel Tineo. (Weiss, Andrea) |
| Filing 14 AMENDED COMPLAINT against Jorge Luis Argudo, J.P. Morgan Chase, Rubiel Tineo, J.P. Morgan Securities, LLC, filed by Camilla Mraz, Jiri O. Mraz. (Lewis, Cari) |
| Filing 13 First MOTION to Remand to State Court by Camilla Mraz, Jiri O. Mraz. (Attachments: #1 Memorandum in Support memo of law in support of motion to remand, #2 Affidavit affidavit in support of motion to remand, #3 Exhibit Exhibit A to affidavit in support, #4 Exhibit Exhibit B to affidavit in support, #5 Exhibit Exhibit C to affidavit in support, #6 Exhibit Exhibit D to affidavit in support, #7 Exhibit Exhibit E to affidavit in support, #8 Exhibit Exhibit F to affidavit in support, #9 Exhibit Exhibit G to affidavit in support, #10 Exhibit Exhibit H to affidavit in support, #11 Exhibit Exhibit I to affidavit in support, #12 Exhibit Exhibit J to affidavit in support, #13 Exhibit Exhibit K to affidavit in support, #14 Exhibit Exhibit L to affidavit in support, #15 Exhibit Exhibit M to affidavit in support, #16 Exhibit Exhibit N to affidavit in support, #17 Exhibit Exhibit O to affidavit in support, #18 Exhibit Exhibit P to affidavit in support, #19 Exhibit Exhibit Q to affidavit in support, #20 Exhibit Exhibit R to affidavit in support, #21 Exhibit Exhibit S to affidavit in support, #22 Exhibit Exhibit T to affidavit in support, #23 Exhibit Exhibit U to affidavit in support) (Lewis, Cari) |
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Filing 12
ORDER approving the proposed motion briefing schedule #11 . Ordered by Judge I. Leo Glasser on 11/17/2017. (Kessler, Stanley)
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| Filing 11 First MOTION for Extension of Time to File papers with respect to motion to remand by Jorge Luis Argudo, J.P. Morgan Chase, Sabrina Nguyen, Rubiel Tineo. (Weiss, Andrea) |
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Filing 10
ORDER denying plaintiffs' motion for a temporary restraining order. Ordered by Judge I. Leo Glasser on 11/13/2017. (Kessler, Stanley)
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| Filing 9 Minute Order. for proceedings held before Judge I. Leo Glasser on 11/13/2017: Counsel for all parties present. Plaintiffs motion for a temporary restraining order is argued. The motion is denied for the reasons stated on the record. Plaintiffs withdraw their motion for a preliminary injunction. The parties will attempt to agree on the issue of this courts jurisdiction. If they are in agreement, they will file a letter to that effect by 11/20/2017. If they are not, plaintiffs will have until that date to file a motion to remand the case and defendants will have until 11/27/2017 to file a brief in opposition. (Court Reporter Linda Danelczyk.) (Kessler, Stanley) |
| Filing 8 RESPONSE in Opposition re #7 First MOTION to Remand to State Court Queens County filed by All Defendants. (Attachments: #1 Exhibit NY Adult Protective Services Report, #2 Exhibit Deposit Account Agreement) (Weiss, Andrea) |
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SCHEDULING ORDER: Oral argument of plaintiffs' motion for a preliminary injunction and a temporary restraining order will be heard on November 13, 2017 at 2:00 p.m. in Courtroom 8B South. Ordered by Judge I. Leo Glasser on 11/7/2017. (Kessler, Stanley)
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| Filing 7 First MOTION to Remand to State Court Queens County by Camilla Mraz, Jiri O. Mraz. (Alonso, Mark) |
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Filing 6
SCHEDULING ORDER: An in person initial conference will be held at 11:00 AM on 2/6/2018 in Courtroom 324N before Magistrate Judge Sanket J. Bulsara. All counsel must attend. Counsel are directed to complete the attached Discovery Plan Worksheet and electronically file same with Court no later than two (2) days before 2/6/2018. So Ordered by Magistrate Judge Sanket J. Bulsara on 11/6/2017. (Manson, Eddie)
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| Filing 5 NOTICE of Appearance by Cari Anne Lewis on behalf of Camilla Mraz, Jiri O. Mraz (aty to be noticed) (Lewis, Cari) |
| Filing 4 NOTICE of Appearance by Eric S, Small on behalf of All Defendants (aty to be noticed) (Small, Eric) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 2 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. (Davis, Kimberly) |
| Case Assigned to Judge I. Leo Glasser and Magistrate Judge Sanket J. Bulsara. 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. (Davis, Kimberly) |
| Filing 1 NOTICE OF REMOVAL by All Defendants from Supreme Court of the State of New York, County of Queens, case number 715130/2017. ( Filing fee $ 400 receipt number 0207-9949333) (Attachments: #1 Civil Cover Sheet, #2 Exhibit State Court Filings) (Weiss, Andrea) |
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