Spiteri v. Branson et al
| Thomas Spiteri |
| Richard Branson, Chamath Palihapitiya, Michael Moses, George Whitesides, Michael Colglazier, Wanda Austin, Adam Bain, Tina Jonas, Craig Kreeger, Evan Lovell, George Mattson, James Ryans, W. Gilbert West, Anthony Bates, Ian Osborne, Jacqueline D. Reses, Andrea Wong and Virgin Galactic Holdings, Inc. |
| Cody Laidlaw |
| Lisa Grenier |
| 1:2022cv00933 |
| February 21, 2022 |
| US District Court for the Eastern District of New York |
| LaShann DeArcy Hall |
| Marcia M Henry |
| Securities/Commodities |
| Plaintiff |
Docket Report
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Filing 41
Letter re Courtesy Copy Submission per Order dated 2/21/2023 by Cody Laidlaw (Miller, Amy)
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ORDER re #21 MOTION to Consolidate Cases: By 02/28/2023, the parties shall submit courtesy copies of their motion to consolidate briefing to the Chambers of the Honorable Marcia M. Henry. The parties shall include complete copies of #21 , #22 , #23 , #31 , #32 , #33 , #34 , #39 , and #40 .So Ordered by Magistrate Judge Marcia M. Henry on 02/21/2023. (MY)
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Filing 40
REPLY in Support re #21 MOTION to Consolidate Cases and Vacate or Amend Order (containing Defendants' proposed redactions) filed by Wanda Austin, Adam Bain, Anthony Bates, Richard Branson, Michael Colglazier, Tina Jonas, Craig Kreeger, Evan Lovell, George Mattson, Michael Moses, Ian Osborne, Chamath Palihapitiya, Jacqueline D. Reses, James Ryans, Virgin Galactic Holdings, Inc., W. Gilbert West, George Whitesides, Andrea Wong. (Smith, Colleen)
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Filing 39
AMENDED COMPLAINT (Redacted) against Wanda Austin, Adam Bain, Anthony Bates, Richard Branson, Michael Colglazier, Tina Jonas, Craig Kreeger, Evan Lovell, George Mattson, Michael Moses, Ian Osborne, Chamath Palihapitiya, Jacqueline D. Reses, James Ryans, Virgin Galactic Holdings, Inc., W. Gilbert West, George Whitesides, Andrea Wong, filed by Thomas Spiteri, Lisa Grenier. (McKenna, Thomas)
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ORDER granting #38 Motion to Strike. Movant Cody Laidlaw moves to strike Plaintiff Thomas Spiteri's reply 37 to Laidlaw's reply. "The decision whether to permit a sur-reply rests in the Court's sound discretion." Sec. & Exch. Comm'n v. Xia, No. 21-CV-5350 (PKC)(RER), 2022 WL 2784871, at *1 (E.D.N.Y. July 15, 2022) (collecting cases). Spiteri did not seek leave to file the sur-reply; this Court did not grant such leave or seek additional briefing; and the unauthorized sur-reply does not raise new matters material to the issue before the Court. (Id.) Accordingly, Laidlaw's motion to strike is granted. So Ordered by Magistrate Judge Marcia M. Henry on 12/07/2022. (MY)
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Filing 38
Letter MOTION to Strike 37 Improper Sur-Reply, filed by Cody Laidlaw (Miller, Amy) (Modified: Document has been replaced on 12/5/2022.) (WL)
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Filing 37
(STRICKEN) Letter in Response to Plaintiff Cody Laidlaws Reply in Support of Motion to Consolidate and Vacate or Amend Order Establishing Leadership Structure by Thomas Spiteri (Brown, Timothy)
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ORDER granting #35 Motion for Leave to Electronically File Document Under Seal. Plaintiff Cody Laidlaw's Motion for Leave to File Document Under Seal #35 is granted. Defendants shall review the unredacted document and file a proposed redacted document by 12/16/2022. So Ordered by Magistrate Judge Marcia M. Henry on 12/01/2022. (MY)
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ORDER granting #30 Motion for Leave to File Document Under Seal. Consolidated Plaintiffs' Motion for Leave to File Document Under Seal #30 is granted. Consolidated Plaintiffs are directed to file a redacted version of the Verified Consolidated Amended Shareholder Derivative Complaint [30-1] by 12/09/2022. So Ordered by Magistrate Judge Marcia M. Henry on 11/30/2022. (MY)
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Filing 36
DECLARATION re #35 Letter MOTION for Leave to Electronically File Document under Seal by Cody Laidlaw (Attachments: #1 Exhibit 1, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 7, #7 Exhibit 8) (Miller, Amy)
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Filing 35
Letter MOTION for Leave to Electronically File Document under Seal by Cody Laidlaw. (Attachments: #1 Sealing Cover Sheet, #2 Memorandum in Support, #3 Declaration, #4 Exhibit Exhibit 2) (Miller, Amy)
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Filing 34
NOTICE by Thomas Spiteri re (31 in 1:22-cv-00933-LDH-MMH) Memorandum in Opposition, (8 in 1:22-cv-01100-LDH-MMH, 33 in 1:22-cv-00933-LDH-MMH) Memorandum in Opposition, NOTICE OF ERRATA re Plaintiffs Thomas Spiteri and Lisa Greniers Response in Opposition to Plaintiff Cody Laidlaws Motion to Consolidate and Vacate or Amend Order Establishing Leadership Structure (ECF No. 31) Associated Cases: 1:22-cv-00933-LDH-MMH, 1:22-cv-01100-LDH-MMH (Brown, Timothy)
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Filing 33
MEMORANDUM in Opposition re (21 in 1:22-cv-00933-LDH-MMH) MOTION to Consolidate Cases and Vacate or Amend Order, (31 in 1:22-cv-00933-LDH-MMH) Memorandum in Opposition CORRECTED (See Notice of Errata Filed Concurrently) filed by Thomas Spiteri. Associated Cases: 1:22-cv-00933-LDH-MMH, 1:22-cv-01100-LDH-MMH (Brown, Timothy)
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Filing 32
AFFIDAVIT/DECLARATION in Opposition re #21 MOTION to Consolidate Cases and Vacate or Amend Order filed by Lisa Grenier, Thomas Spiteri. (Attachments: #1 Exhibit A -- Firm Resume of Brown Law Firm, #2 Exhibit B -- Firm Resume of GM&E) (Egleston, Gregory)
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Filing 31
MEMORANDUM in Opposition re #21 MOTION to Consolidate Cases and Vacate or Amend Order filed by Lisa Grenier, Thomas Spiteri. (Egleston, Gregory)
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Filing 30
MOTION for Leave to Electronically File Document under Seal by Lisa Grenier, Thomas Spiteri. (Attachments: #1 Exhibit Verified Consolidated Amended Shareholder Derivative Complaint) (Egleston, Gregory)
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Filing 29
ORDER granting #28 Motion for Protective Order. The Proposed Protective Order is So Ordered. See attached. So Ordered by Magistrate Judge Marcia M. Henry on 10/26/2022. (MY)
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Filing 28
Letter MOTION for Protective Order by Wanda Austin, Adam Bain, Anthony Bates, Richard Branson, Michael Colglazier, Tina Jonas, Craig Kreeger, Evan Lovell, George Mattson, Michael Moses, Ian Osborne, Chamath Palihapitiya, Jacqueline D. Reses, James Ryans, Virgin Galactic Holdings, Inc., W. Gilbert West, George Whitesides, Andrea Wong. (Attachments: #1 Exhibit 1 - Proposed Protective Order, #2 Exhibit 2 - Comparison to Court's Form) (Murphy, Kristin)
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ORDER granting #27 Motion for Extension of Time to File Response/Reply. The deadline for Plaintiffs Thomas Spiteri and Lisa Grenier to respond to Plaintiff Cody Laidlaw's Motion #21 to Consolidate Cases and Vacate or Amend Order is extended to 11/07/2022. The deadline for Laidlaw to reply to this response is extended to 11/23/2022. So Ordered by Magistrate Judge Marcia M. Henry on 10/25/2022. (MY)
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ORDER: Plaintiff's motion #21 to consolidate and to change the appointment of lead counsel is respectfully referred to Magistrate Judge Henry. Ordered by Judge LaShann DeArcy Hall on 10/18/2022. (EW)
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ORDER denying #26 Stipulation and Proposed Protective Order. In contravention of the undersigned's individual rule III.C, the parties submitted an apparently joint request for a protective order without indicating the differences between their proposed protective order and the undersigned's form protective order. Accordingly, the Proposed Protective Order is denied without prejudice and with leave to renew. The parties shall review the relevant rules and re-file their motion by 10/25/2022. So Ordered by Magistrate Judge Marcia M. Henry on 10/18/2022. (MY)
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Filing 27
First MOTION for Extension of Time to File Response/Reply as to #21 MOTION to Consolidate Cases and Vacate or Amend Order Stipulation for Extension of Time by Thomas Spiteri. (Brown, Timothy)
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Filing 26
STIPULATION and Proposed Protective Order by Lisa Grenier (McKenna, Thomas) Modified on 10/18/2022 to change event type (MY).
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Filing 25
NOTICE of Appearance by Gregory Michael Egleston on behalf of Lisa Grenier (aty to be noticed) (Egleston, Gregory)
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Filing 24
NOTICE of Appearance by Thomas J. McKenna on behalf of Lisa Grenier (aty to be noticed) (McKenna, Thomas)
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Filing 23
DECLARATION of Amy Miller by Cody Laidlaw (Attachments: #1 Exhibit 2) (Miller, Amy)
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Filing 22
DECLARATION of Amy Miller in Support of Motion to Consolidate by Cody Laidlaw (Attachments: #1 Exhibit 1, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 7, #7 Exhibit 8, #8 Exhibit 9) (Miller, Amy)
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Filing 21
MOTION to Consolidate Cases and Vacate or Amend Order by Cody Laidlaw. (Miller, Amy)
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Filing 20
STIPULATION AND ORDER TO STAY ACTION. So Ordered by Judge LaShann DeArcy Hall on 7/28/2022. (Lee, Tiffeny)
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Filing 19
Consent MOTION to Stay by Wanda Austin, Adam Bain, Anthony Bates, Richard Branson, Michael Colglazier, Tina Jonas, Craig Kreeger, Evan Lovell, Michael Moses, Ian Osborne, Chamath Palihapitiya, Jacqueline D. Reses, James Ryans, Virgin Galactic Holdings, Inc., W. Gilbert West, George Whitesides, Andrea Wong. (Calabrese, Corey)
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Filing 18
NOTICE of Appearance by Kristin N Murphy on behalf of Wanda Austin, Adam Bain, Anthony Bates, Richard Branson, Michael Colglazier, Tina Jonas, Craig Kreeger, Evan Lovell, George Mattson, Michael Moses, Ian Osborne, Chamath Palihapitiya, Jacqueline D. Reses, James Ryans, Virgin Galactic Holdings, Inc., W. Gilbert West, George Whitesides, Andrea Wong (notification declined or already on case) (Murphy, Kristin)
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Filing 17
NOTICE of Appearance by Colleen Smith on behalf of Wanda Austin, Adam Bain, Anthony Bates, Richard Branson, Michael Colglazier, Tina Jonas, Craig Kreeger, Evan Lovell, George Mattson, Michael Moses, Ian Osborne, Chamath Palihapitiya, Jacqueline D. Reses, James Ryans, Virgin Galactic Holdings, Inc., W. Gilbert West, George Whitesides, Andrea Wong (notification declined or already on case) (Smith, Colleen)
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Filing 16
NOTICE of Appearance by Michele D Johnson on behalf of Wanda Austin, Adam Bain, Anthony Bates, Richard Branson, Michael Colglazier, Tina Jonas, Craig Kreeger, Evan Lovell, George Mattson, Michael Moses, Ian Osborne, Chamath Palihapitiya, Jacqueline D. Reses, James Ryans, Virgin Galactic Holdings, Inc., W. Gilbert West, George Whitesides, Andrea Wong (notification declined or already on case) (Johnson, Michele)
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ORDER granting #13 First MOTION to Appear Pro Hac Vice. Attorney Michele D. Johnson is granted permission to appear pro hac vice on behalf of Wanda Austin, Adam Bain, Anthony Bates, Richard Branson, Michael Colglazier, Tina Jonas, Craig Kreeger, Evan Lovell, George Mattson, Michael Moses, Ian Osborne, Chamath Palihapitiya, Jacqueline D. Reses, James Ryans, Virgin Galactic Holdings, Inc., W. Gilbert West, George Whitesides, Andrea Wong. The attorney shall register for ECF at #www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. So Ordered by Magistrate Judge Marcia M. Henry on 05/12/2022 . (Castro, Ricardo)
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ORDER granting #14 First MOTION to Appear Pro Hac Vice. Attorney Colleen C. Smith is granted permission to appear pro hac vice on behalf of Wanda Austin, Adam Bain, Anthony Bates, Richard Branson, Michael Colglazier, Tina Jonas, Craig Kreeger, Evan Lovell, George Mattson, Michael Moses, Ian Osborne, Chamath Palihapitiya, Jacqueline D. Reses, James Ryans, Virgin Galactic Holdings, Inc., W. Gilbert West, George Whitesides, Andrea Wong. The attorney shall register for ECF at #www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. So Ordered by Magistrate Judge Marcia M. Henry on 05/12/2022. (Castro, Ricardo)
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ORDER granting #15 First MOTION to Appear Pro Hac Vice. Attorney Kristin N. Murphy is granted permission to appear pro hac vice on behalf of Wanda Austin, Adam Bain, Anthony Bates, Richard Branson, Michael Colglazier, Tina Jonas, Craig Kreeger, Evan Lovell, George Mattson, Michael Moses, Ian Osborne, Chamath Palihapitiya, Jacqueline D. Reses, James Ryans, Virgin Galactic Holdings, Inc., W. Gilbert West, George Whitesides, Andrea Wong. The attorney shall register for ECF at #www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. So Ordered by Magistrate Judge Marcia M. Henry on 05/12/2022. (Castro, Ricardo)
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Filing 15
MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-15548456. by Wanda Austin, Adam Bain, Anthony Bates, Richard Branson, Michael Colglazier, Tina Jonas, Craig Kreeger, Evan Lovell, George Mattson, Michael Moses, Ian Osborne, Chamath Palihapitiya, Jacqueline D. Reses, James Ryans, Virgin Galactic Holdings, Inc., W. Gilbert West, George Whitesides, Andrea Wong. (Attachments: #1 Declaration of Kristin N. Murphy in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit A - Certificate of Good Standing, #3 Proposed Order) (Murphy, Kristin)
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Filing 14
MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-15548402; filed on behalf of Wanda Austin, Adam Bain, Anthony Bates, Richard Branson, Michael Colglazier, Tina Jonas, Craig Kreeger, Evan Lovell, George Mattson, Michael Moses, Ian Osborne, Chamath Palihapitiya, Jacqueline D. Reses, James Ryans, Virgin Galactic Holdings, Inc., W. Gilbert West, George Whitesides, Andrea Wong. (Attachments: #1 Declaration of Colleen C. Smith in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit A - Certificate of Good Standing, #3 Proposed Order) (Smith, Colleen) (Modified: Documents replaced on 5/10/2022.) (Latka-Mucha, Wieslawa
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Filing 13
MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-15548352. by Wanda Austin, Adam Bain, Anthony Bates, Richard Branson, Michael Colglazier, Tina Jonas, Craig Kreeger, Evan Lovell, George Mattson, Michael Moses, Ian Osborne, Chamath Palihapitiya, Jacqueline D. Reses, James Ryans, Virgin Galactic Holdings, Inc., W. Gilbert West, George Whitesides, Andrea Wong. (Attachments: #1 Declaration of Michele D. Johnson in Support of Motion to Admit Counsel Pro Hace Vice, #2 Exhibit A - Certificate of Good Standing, #3 Proposed Order) (Johnson, Michele)
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Filing 12
Corporate Disclosure Statement by Virgin Galactic Holdings, Inc. (Calabrese, Corey)
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Filing 11
NOTICE of Appearance by Corey Anne Calabrese on behalf of Wanda Austin, Adam Bain, Anthony Bates, Richard Branson, Michael Colglazier, Tina Jonas, Craig Kreeger, Evan Lovell, George Mattson, Michael Moses, Ian Osborne, Chamath Palihapitiya, Jacqueline D. Reses, James Ryans, Virgin Galactic Holdings, Inc., W. Gilbert West, George Whitesides, Andrea Wong (aty to be noticed) (Calabrese, Corey)
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Filing 10
JOINT STIPULATION AND ORDER CONSOLIDATING RELATED SHAREHOLDER DERIVATIVE ACTIONS AND ESTABLISHING A LEADERSHIP STRUCTURE: 1. Defendants accept service in both actions to the extent that service has not yet been perfected on any Defendant.2. The Clerk's Entry of Default on March 24, 2022 against Virgin Galactic, Inc. is vacated. 3. The following actions are hereby consolidated for all purposes, including pre-trial proceedings and any trial, under Lead Case No. 1:22-cv-00933 (hereinafter, the Consolidated Derivative Action), pursuant to Federal Rule of Civil Procedure 42(a). Ordered by Judge LaShann DeArcy Hall on 5/4/2022. (Layne, Monique)
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Case Consolidated. (Layne, Monique)
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Filing 9
STIPULATION and [Proposed] Order Consolidating Related Shareholder Derivative Actions and Establishing a Leadership Structure by Virgin Galactic Holdings, Inc. (Attachments: #1 Exhibit A - The Brown Law Firm, P.C. Biography, #2 Exhibit B - Gainey McKenna & Egleston Firm Resume) (Calabrese, Corey)
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Filing 8
Letter MOTION to Vacate the entry of Default by Virgin Galactic Holdings, Inc.. (Calabrese, Corey)
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Filing 7
Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Virgin Galactic Holdings, Inc. has failed to appear or otherwise defend this action, the default of defendant Virgin Galactic Holdings, Inc. is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Poveda, J.) Modified on 5/6/2022 pursuant to #10 Order of Judge DeArcy Hall to indicate the #7 Clerk's Entry of Default has been VACATED. (Layne, Monique).
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Filing 6
Request for Certificate of Default by Thomas Spiteri (Attachments: #1 Declaration, #2 Proposed Order Proposed Certificate of Default) (Brown, Timothy)
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Filing 5
SUMMONS Returned Executed by Thomas Spiteri. Virgin Galactic Holdings, Inc. served on 2/23/2022, answer due 3/16/2022. (Brown, Timothy)
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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)
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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)
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Filing 2
Summons Issued as to All Defendants. (Bowens, Priscilla)
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Case Assigned to Judge LaShann DeArcy Hall and Magistrate Judge Marcia M. Henry. 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)
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Filing 1
COMPLAINT against All Defendants filing fee $ 402, receipt number ANYEDC-15307761 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Thomas Spiteri. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Brown, Timothy)
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