Trustees of the Pension and Welfare Funds of the Moving Picture Machine Operators Union Local 306 v. Lincoln Plaza Cinemas et. al.
| TRUSTEES OF THE PENSION AND WELFARE FUNDS OF THE MOVING PICTURE MACHINE OPERATORS UNION LOCAL 306 |
| LINCOLN PLAZA CINEMAS, LINCOLN CINEMA ASSOCIATES, DANTO LINCOLN THEATERS, INC.,, 89 DISTRIBUTION, INC.,, GAUMONT, INC.,, LETOH ASSOCIATES LLC, PM PARTNERS, MILSTEIN PROPERTIES CORP.,, PIM HOLDING CO.,, Danto Lincoln Theaters, Inc., 89 Distribution, Inc., Gaumont, Inc., Milstein Properties Corp. and PIM Holding Co. |
| 2:2022cv00317 |
| January 19, 2022 |
| US District Court for the Eastern District of New York |
| Margo K Brodie |
| James M Wicks |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1145 E.R.I.S.A. |
| None |
Docket Report
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This docket was last retrieved on January 12, 2023. A more recent docket listing may be available from PACER.
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Filing 59
MOTION for Extension of Time to File Stipulation of Dismissal by Trustees of the Pension and Welfare Funds of the Moving Picture Machine Operators Union Local 306. (Johnson, Nicholas)
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ORDER granting #59 Motion for Extension of Time to File stipulation of dismissal. The time within which the parties shall file the stipulation of dismissal is hereby extended to and including February 15, 2023. So Ordered by Magistrate Judge James M. Wicks on 1/12/2023. (Wicks, James)
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Filing 58
ORDER granting #57 Motion for Extension of Time to File. The parties' time to file a stipulation of dismissal is extended to on or before January 16, 2023. So Ordered by Magistrate Judge James M. Wicks on 11/28/2022. (MSH)
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Filing 57
MOTION for Extension of Time to File Stipulation of Dismissal by Trustees of the Pension and Welfare Funds of the Moving Picture Machine Operators Union Local 306. (Johnson, Nicholas)
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SCHEDULING ORDER: Due to a change in this Court's calendar, the Status Conference scheduled for February 13, 2023 at 11:00 AM is CHANGED to February 17, 2023 at 11:00 AM via the Court's Video Zoom. The Court will email a Zoom Invitation closer to the conference date. So Ordered by Magistrate Judge James M. Wicks on 11/10/2022. (DF)
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ORDER granting #56 Motion for Extension of Time to Complete Discovery. In light of the parties' representation that they have achieved a settlement in principle, the discovery dates and deadlines are hereby held in abeyance, and the parties are directed to file a stipulation of dismissal on or before 12/2/2022.Ordered by Magistrate Judge James M. Wicks on 11/2/2022. (Wicks, James)
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Filing 56
MOTION for Extension of Time to Complete Discovery by Trustees of the Pension and Welfare Funds of the Moving Picture Machine Operators Union Local 306. (Johnson, Nicholas)
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Filing 55
ORDER: In light of the parties' representation that settlement discussions are ongoing, the parties' joint request #54 to extend the discovery schedule is granted and the proposed scheduling order is hereby granted (See DE #55 ). This Second Revised Scheduling Order shall supersede the First Revised Scheduling Order #53 . The Status Conference is adjourned to February 13, 2023 at 11:00 AM via the Court's Video Zoom. The Court will email the Zoom invitation closer to the conference date. The Final Pretrial Conference is adjourned to May 1, 2023 at 10:00 AM via the Court's Video Zoom. The Court will email the Zoom invitation closer to the conference date. So Ordered by Magistrate Judge James M. Wicks on 9/1/2022. (Flanagan, Doreen)
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Filing 54
MOTION for Extension of Time to Complete Discovery by Trustees of the Pension and Welfare Funds of the Moving Picture Machine Operators Union Local 306. (Attachments: #1 Proposed Order) (Johnson, Nicholas)
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Filing 53
ORDER: In light of the parties' representation that settlement discussions are ongoing, the parties' joint request #52 to extend the discovery schedule is granted and the proposed scheduling order is hereby granted (see DE #53 ). This Scheduling Order shall supersede the initial Scheduling Order #46 . A Status Conference is scheduled for December 8, 2022 at 9:30 AM via the Court's Video Zoom. The Court will email a Zoom invitation closer to the conference date. The Final Pretrial Conference is adjourned to February 28, 2023 at 9:30 AM via the Court's Video Zoom. The Court will email a Zoom invitation closer to the conference date. So Ordered by Magistrate Judge James M. Wicks on 7/19/2022. (Flanagan, Doreen)
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Filing 52
MOTION for Extension of Time to Complete Discovery by Letoh Associates LLC. (Attachments: #1 Proposed Order first revised proposed order) (Oppenheim, Jeffrey)
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Filing 51
ORDER granting #50 Motion to Withdraw as Attorney. For the reasons stated, the motion to withdraw is granted and Olshan is hereby terminated from this case. The deadlines set at the May 25, 2022 Initial Conference (DE #45 ) remain in effect. So Ordered by Magistrate Judge James M. Wicks on 7/1/2022. (Flanagan, Doreen) Modified on 7/1/2022 to add text from Order (Flanagan, Doreen).
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ORDER finding as moot #44 Motion to Withdraw as Attorney. So Ordered by Magistrate Judge James M. Wicks on 7/1/2022. (Flanagan, Doreen)
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Filing 50
MOTION to Withdraw as Attorney Re: 89 Distribution, Inc. by 89 Distribution, Inc.. (Attachments: #1 Declaration MICHAELJ. PASSARELLA, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Proposed Order) (Passarella, Michael)
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Filing 49
ANSWER to #38 Answer to Complaint,, Crossclaim, (DEFENDANT DANTO LINCOLN THEATERS, INC.S ANSWER TO THE MILSTEIN DEFENDANTS CROSSCLAIM) by Danto Lincoln Theaters, Inc.. (Passarella, Michael)
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Filing 48
ANSWER to #38 Answer to Complaint,, Crossclaim, by Gaumont, Inc.. (Del Rey-Cone, Christie)
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Filing 47
ANSWER to #42 Answer to Complaint,, Crossclaim, by Gaumont, Inc.. (Del Rey-Cone, Christie)
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Filing 46
SCHEDULING ORDER: Please See Order For Further Deadline and Hearing Details. So Ordered by Magistrate Judge James M. Wicks on 5/25/2022. (Ortiz, Grisel)
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Filing 45
Minute Order for proceedings held before Magistrate Judge James M. Wicks: CIVIL CAUSE FOR STATUS CONFERENCE. Counsel For Plaintiff: Denis P. Duffey. Counsel For Defendant: Katherine E. Mateo, Michael J. Passarella, Christie Del Rey-Cone, Jeffrey A. Oppenheim. Status Conference held on 5/25/2022 at 2:30PM. Following discussion with counsel, the Court adopted a Scheduling Order which is attached at DE#46 . A discussion was held regarding Defense Counsel's letter motion to withdraw as counsel for 89 Distribution, Inc. #44 by Olshan Frome Wolosky. Counsel shall file a formal motion to withdraw and serve the motion on 89 Distribution, Inc. (as previously directed - See Electronic Order dated May 23, 2022). A Status Conference has been scheduled for October 6, 2022, at 9:00 AM via the Court's Video Zoom. The Court will email the Zoom invitation closer to the conference date. A Pretrial conference has been scheduled for January 9, 2023, at 2:00 PM via the Court's Video Zoom. The Court will email the Zoom invitation closer to the conference date. A joint proposed pretrial order in compliance with the Honorable Margo K. Brodie's requirements and signed by counsel for each party must be received by the undersigned 5 business days prior to this conference. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. (FTR Log #2:32-2:49 (video).)(Ortiz, Grisel)
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ORDER. 89 Distribution, Inc.'s motion #39 seeking an extension of time through June 13, 2022 to respond to the Complaint is hereby denied as withdrawn, pursuant to Counsel's letter motion #41 withdrawing said request. Ordered by Magistrate Judge James M. Wicks on 5/25/2022. (Weinstein, Tracy)
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ORDER. The Court is in receipt of Olshan Frome Wolosky's motion to withdraw as counsel #44 . Counsel is hereby directed to comply with Local Rule 1.4 by serving the motion upon the client, and filing proof of service on ECF. The Initial Conference scheduled for May 25, 2022 is hereby converted to a Status Conference. Ordered by Magistrate Judge James M. Wicks on 5/23/2022. (Weinstein, Tracy) Modified on 5/23/2022 (Ortiz, Grisel).
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Filing 44
Letter MOTION to Withdraw as Attorney Re: 89 Distribution by 89 Distribution, Inc.. (Passarella, Michael)
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Filing 43
Proposed Scheduling Order by Trustees of the Pension and Welfare Funds of the Moving Picture Machine Operators Union Local 306 (Johnson, Nicholas)
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Incorrect Entry Information. Document #42 was entered by Counsel and Deleted by the Court. The wrong party selection was selected when filing the Answer to the Complaint with Crossclaims. Please do not re-file this document. (Piper, Francine)
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Filing 42
ANSWER to #1 Complaint,,,, CROSSCLAIM against 89 Distribution, Inc., Gaumont, Inc., Letoh Associates LLC, Lincoln Cinema Associates, Lincoln Plaza Cinemas, Milstein Properties Corp., PIM Holding Co., PM Partners by Danto Lincoln Theaters, Inc.. (Piper, Francine)
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Filing 41
ANSWER to #1 Complaint,,, by Gaumont, Inc.. (Del Rey-Cone, Christie)
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Filing 40
Corporate Disclosure Statement by Gaumont, Inc. identifying Corporate Parent Gaumont SA for Gaumont, Inc.. (Del Rey-Cone, Christie)
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Filing 39
Letter MOTION for Extension of Time to File Answer re #1 Complaint,,, by 89 Distribution, Inc., Danto Lincoln Theaters, Inc.. (Passarella, Michael)
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Filing 38
ANSWER to #1 Complaint,,, , CROSSCLAIM against 89 Distribution, Inc., Danto Lincoln Theaters, Inc., Gaumont, Inc., Lincoln Cinema Associates, Lincoln Plaza Cinemas by Letoh Associates LLC, Milstein Properties Corp., PM Partners, PIM Holding Co.. (Oppenheim, Jeffrey)
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ORDER granting #37 Motion for Extension of Time to Answer. Defendants (Letoh Associates LLC, PM Partners, Milstein Properties Corp. and PIM Holding CO.) shall answer, move or otherwise respond to the Complaint on or before 5/11/2022. The request to adjourn the Initial Conference is moot, as the Initial Conference has been adjourned to 5/25/2022 at 2:30 PM (Electronic Order dated Apr. 7, 2022). Ordered by Magistrate Judge James M. Wicks on 4/8/2022. (Weinstein, Tracy)
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Filing 37
Second MOTION for Extension of Time to File Answer and adjourn Initial Conference by Milstein Properties Corp.. (Oppenheim, Jeffrey)
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ORDER: Motions #35 and #36 (on consent) are granted as follows: Defendants Gaumont USA Inc. (incorrectly named in the Complaint as Gaumont Inc.), Danto Lincoln Theaters, Inc. and 89 Distribution, Inc., shall answer, move or otherwise respond to the Complaint on or before 5/11/2022. The Initial Conference is adjourned to 5/25/2022 at 2:30 PM. The parties shall submit the Proposed Rule 26(f) Scheduling Order on or before 5/18/2022. Ordered by Magistrate Judge James M. Wicks on 4/7/2022. (Weinstein, Tracy)
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Filing 36
Letter MOTION for Extension of Time to File Answer re #1 Complaint,,, by 89 Distribution, Inc., Danto Lincoln Theaters, Inc.. (Passarella, Michael)
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Filing 35
Letter MOTION for Extension of Time to File Answer re #1 Complaint,,, and Request to Adjourn Rule 16 Conference by Gaumont, Inc.. (Del Rey-Cone, Christie)
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ORDER. Defendants' (Letoh Associates LLC, PM Partners, Milstein Properties Corp. and PIM Holding CO.) motion #34 is granted as follows: Defendants shall answer, move, or otherwise respond to the Complaint on or before 4/11/2022. As Ordered on 3/10/2022, The Initial Conference is adjourned to 4/28/2022 at 12:00 PM. The parties shall submit the Proposed Rule 26(f) Scheduling Order on or before 4/21/2022. Ordered by Magistrate Judge James M. Wicks on 3/17/2022. (Weinstein, Tracy)
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Filing 34
MOTION to Appear by Telephone , MOTION for Extension of Time to File Answer by Milstein Properties Corp.. (Oppenheim, Jeffrey)
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Filing 33
NOTICE of Appearance by Nicholas James Johnson on behalf of Trustees of the Pension and Welfare Funds of the Moving Picture Machine Operators Union Local 306 (aty to be noticed) (Johnson, Nicholas)
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ORDER granting #30 and #31 motions for an extension of time to respond to the Complaint and adjourn the Initial Conference. Defendants, Danto Lincoln Theaters, Inc., 89 Distribution, Inc., and Gaumont USA Inc. (incorrectly named in the Complaint as Gaumont Inc.), shall answer, move or otherwise respond to the Complaint on or before 4/11/2022. The Initial Conference is adjourned to 4/28/2022 at 12:00 PM. The parties shall submit the Proposed Rule 26(f) Scheduling Order on or before 4/21/2022. Ordered by Magistrate Judge James M. Wicks on 3/10/2022. (Weinstein, Tracy)
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Filing 32
NOTICE of Appearance by Katherine E. Mateo on behalf of 89 Distribution, Inc., Danto Lincoln Theaters, Inc. (aty to be noticed) (Mateo, Katherine)
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Filing 31
Letter MOTION for Extension of Time to File Answer re #1 Complaint,,, by 89 Distribution, Inc., Danto Lincoln Theaters, Inc.. (Passarella, Michael)
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Filing 30
Letter MOTION for Extension of Time to File Answer re #1 Complaint,,, by Gaumont, Inc.. (Del Rey-Cone, Christie)
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Filing 29
SUMMONS Returned Executed by Trustees of the Pension and Welfare Funds of the Moving Picture Machine Operators Union Local 306. Lincoln Cinema Associates served on 2/4/2022, answer due 2/25/2022. (Duffey, Denis)
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Filing 28
SUMMONS Returned Executed by Trustees of the Pension and Welfare Funds of the Moving Picture Machine Operators Union Local 306. Lincoln Plaza Cinemas served on 2/4/2022, answer due 2/25/2022. (Duffey, Denis)
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Filing 27
SUMMONS Returned Executed by Trustees of the Pension and Welfare Funds of the Moving Picture Machine Operators Union Local 306. Danto Lincoln Theaters, Inc. served on 2/11/2022, answer due 3/4/2022. (Duffey, Denis)
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Filing 26
SUMMONS Returned Executed by Trustees of the Pension and Welfare Funds of the Moving Picture Machine Operators Union Local 306. 89 Distribution, Inc. served on 2/11/2022, answer due 3/4/2022. (Duffey, Denis)
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Filing 25
SUMMONS Returned Executed by Trustees of the Pension and Welfare Funds of the Moving Picture Machine Operators Union Local 306. PM Partners served on 2/3/2022, answer due 2/24/2022. (Duffey, Denis)
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Filing 24
SUMMONS Returned Executed by Trustees of the Pension and Welfare Funds of the Moving Picture Machine Operators Union Local 306. PIM Holding Co. served on 2/3/2022, answer due 2/24/2022. (Duffey, Denis)
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Filing 23
SUMMONS Returned Executed by Trustees of the Pension and Welfare Funds of the Moving Picture Machine Operators Union Local 306. Milstein Properties Corp. served on 2/3/2022, answer due 2/24/2022. (Duffey, Denis)
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Filing 22
SUMMONS Returned Executed by Trustees of the Pension and Welfare Funds of the Moving Picture Machine Operators Union Local 306. Letoh Associates LLC served on 2/3/2022, answer due 2/24/2022. (Duffey, Denis)
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Filing 21
INITIAL CONFERENCE SCHEDULING ORDER: An initial conference via Zoom will be held at 2:00 PM on 3/22/2022 before Magistrate Judge James M. Wicks. The Court will email the Zoom invitation closer to the conference date. All counsel must attend. Counsel are directed to complete the attached Proposed Rule 26(f) Scheduling Order and electronically file same with the Court no later than 3/15/2022. Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. So Ordered by Magistrate Judge James M. Wicks on 2/11/2022. (Attachments: #1 Proposed Rule 26(f) Scheduling Order, #2 JMW Individual Rules) (Ortiz, Grisel)
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ORDER granting #19 Motion (on consent) for Extension of Time to Answer. Defendant Gaumont USA Inc. (incorrectly named in the Complaint as Gaumont Inc.) shall answer, move or otherwise respond to the Complaint on or before 3/11/2022. Ordered by Magistrate Judge James M. Wicks on 2/10/2022. (Weinstein, Tracy)
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Filing 20
NOTICE of Appearance by Christie Del Rey-Cone on behalf of Gaumont, Inc. (notification declined or already on case) (Del Rey-Cone, Christie)
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Filing 19
Letter MOTION for Extension of Time to File Answer re #1 Complaint,,, by Gaumont, Inc.. (Del Rey-Cone, Christie)
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Filing 18
SUMMONS Returned Executed by Trustees of the Pension and Welfare Funds of the Moving Picture Machine Operators Union Local 306. Gaumont, Inc. served on 1/24/2022, answer due 2/14/2022. (Duffey, Denis)
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Filing 17
Summons Issued as to 89 Distribution, Inc., Danto Lincoln Theaters, Inc., Gaumont, Inc., Letoh Associates LLC, Lincoln Cinema Associates, Lincoln Plaza Cinemas, Milstein Properties Corp., PIM Holding Co., PM Partners. (Piper, Francine)
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Filing 16
Proposed Summons. Re #1 Complaint,,, by Trustees of the Pension and Welfare Funds of the Moving Picture Machine Operators Union Local 306 (Attachments: #1 Proposed Summons, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons, #5 Proposed Summons, #6 Proposed Summons, #7 Proposed Summons, #8 Proposed Summons, #9 Proposed Summons, #10 Proposed Summons) (Duffey, Denis)
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Filing 15
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. (Flanagan, Doreen)
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Filing 14
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Flanagan, Doreen)
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Case Assigned to Chief Judge Margo K. Brodie and Magistrate Judge James M. Wicks. 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. (Flanagan, Doreen)
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Your Proposed Summonses were not issued for the following reason: The caption on the Proposed Summonses must conform to the caption on the Complaint. Please correct Defendant PM Parnters to PM Partners to conform to the caption on the Complaint. Please correct and resubmit the Proposed Summonses using the event Other Filings - Other Documents - Proposed Summons/Civil Cover Sheet. (Flanagan, Doreen)
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Filing 13
Proposed Summons. Re #1 Complaint,, by Trustees of the Pension and Welfare Funds of the Moving Picture Machine Operators Union Local 306 (Duffey, Denis) Modified on 1/20/2022 (Flanagan, Doreen).
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Filing 12
Proposed Summons. Re #1 Complaint,, by Trustees of the Pension and Welfare Funds of the Moving Picture Machine Operators Union Local 306 (Duffey, Denis) Modified on 1/20/2022 (Flanagan, Doreen).
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Filing 11
Proposed Summons. Re #1 Complaint,, by Trustees of the Pension and Welfare Funds of the Moving Picture Machine Operators Union Local 306 (Duffey, Denis) Modified on 1/20/2022 (Flanagan, Doreen).
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Filing 10
Proposed Summons. Re #1 Complaint,, by Trustees of the Pension and Welfare Funds of the Moving Picture Machine Operators Union Local 306 (Duffey, Denis) Modified on 1/20/2022 (Flanagan, Doreen).
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Filing 9
Proposed Summons. Re #1 Complaint,, by Trustees of the Pension and Welfare Funds of the Moving Picture Machine Operators Union Local 306 (Duffey, Denis) Modified on 1/20/2022 (Flanagan, Doreen).
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Filing 8
Proposed Summons. Re #1 Complaint,, by Trustees of the Pension and Welfare Funds of the Moving Picture Machine Operators Union Local 306 (Duffey, Denis) Modified on 1/20/2022 (Flanagan, Doreen).
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Filing 7
Proposed Summons. Re #1 Complaint,, by Trustees of the Pension and Welfare Funds of the Moving Picture Machine Operators Union Local 306 (Duffey, Denis) Modified on 1/20/2022 (Flanagan, Doreen).
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Filing 6
Proposed Summons. Re #1 Complaint,, by Trustees of the Pension and Welfare Funds of the Moving Picture Machine Operators Union Local 306 (Duffey, Denis) Modified on 1/20/2022 (Flanagan, Doreen).
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Filing 5
Proposed Summons. Re #1 Complaint,, by Trustees of the Pension and Welfare Funds of the Moving Picture Machine Operators Union Local 306 (Duffey, Denis) Modified on 1/20/2022 (Flanagan, Doreen).
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Filing 4
Proposed Summons. Re #1 Complaint,, by Trustees of the Pension and Welfare Funds of the Moving Picture Machine Operators Union Local 306 (Duffey, Denis) Modified on 1/20/2022 (Flanagan, Doreen).
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Filing 3
Proposed Summons. Re #1 Complaint,, by Trustees of the Pension and Welfare Funds of the Moving Picture Machine Operators Union Local 306 (Duffey, Denis) Modified on 1/20/2022 (Flanagan, Doreen).
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Filing 2
Civil Cover Sheet.. Re #1 Complaint,, by Trustees of the Pension and Welfare Funds of the Moving Picture Machine Operators Union Local 306 (Duffey, Denis) Modified on 1/20/2022 (Flanagan, Doreen).
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Filing 1
COMPLAINT against 89 Distribution, Inc., Danto Lincoln Theaters, Inc., Gaumont, Inc., Letoh Associates LLC, Lincoln Cinema Associates, Lincoln Plaza Cinemas, Milstein Properties Corp., PIM Holding Co., PM Partners filing fee $ 402, receipt number ANYEDC-15209020 Was the Disclosure Statement on Civil Cover Sheet completed - Yes,, filed by Trustees of the Pension and Welfare Funds of the Moving Picture Machine Operators Union Local 306. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M) (Duffey, Denis) Modified on 1/20/2022 (Flanagan, Doreen).
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