Allen et al v. County of Nassau
| James Allen, Howard Riegler, Victor Sowinski, Jr., Michael Brinkley, Neil Velasco, Cathy Jones, Patrick Madden, Jr., Michael Gibaldi, Paul Walters, James Prince, Craig Stewart, Pedro Vera, Jr., Nicole Salerno, Besnik Gjonlekaj, Thomas Cinque, Chris Fotopoulos, Joseph Luckman, Robert Brancato, Michael Capoziello, Frank Passanisi, III, Joseph W. Balletta, Brian Tomeo, Gregg Spaulding, Bryan C. Vogeley, Ralph Merz, Timothy Marshall and Estate of Michael James |
| County of Nassau |
| 2:2022cv01572 |
| March 22, 2022 |
| US District Court for the Eastern District of New York |
| Joan M Azrack |
| James M Wicks |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 27, 2023. A more recent docket listing may be available from PACER.
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Filing 33
MEMORANDUM DECISION AND ORDER re #31 Motion for Settlement. As set forth in the attached Memorandum Decision and Order, Plaintiffs' motion for the approval of the settlement agreement is granted as submitted, including the award of attorney's fees. The settlement agreement must now be submitted to the Legislature for approval within 10 days. Once the negotiability period of ninety (90) days has elapsed for all outstanding checks to Plaintiffs, the undersigned will so order the parties' Stipulation and Order of Dismissal with Prejudice (DE #32 ). So Ordered by Magistrate Judge James M. Wicks on 6/20/2023. (DF)
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Filing 32
SETTLEMENT AGREEMENT Fully Executed by County of Nassau (Panico, Deanna)
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ORDER. Upon review of the motion for settlement approval at DE #31 , it appears that the settlement agreement has not been fully executed. Parties are hereby directed to file the fully executed settlement agreement on or before May 29, 2023. So Ordered by Magistrate Judge James M. Wicks on 5/22/2023. (HM)
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Filing 31
First MOTION for Settlement Cheeks motion for approval of settlement by James Allen. (Attachments: #1 Appendix added letter in support, #2 Exhibit A stip of settlement, dismissal and memo of understanding, #3 Exhibit B final breakdown of monies, #4 Declaration of Louis Stober in support of attorneys' fees, #5 Exhibit A contemporaneous time records) (Stober, Louis)
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ORDER: In light of the pending settlement agreement, the Final Pretrial Conference scheduled for May 22, 2023 at 11:00 AM is hereby CANCELLED. So Ordered by Magistrate Judge James M. Wicks on 5/12/2023. (DF)
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Filing 30
Minute Order for proceedings held before Magistrate Judge James M. Wicks: CIVIL CAUSE FOR TELEPHONE CONFERENCE. Counsel for Plaintiff: Louis D. Stober, Jr. Counsel for Defendant: Deanna Darlene Panico. Counsel for Third Party Defendants (CSEA Local 1000 AFSCME AFL-CIO and CSEA Local 830): Aaron Edward Kaplan, Leslie Catherine Perrin. Telephone Conference held on 4/14/2023 at 3:00 PM. The parties advised the Court of the status of this case. The issues raised by the parties remaining for settlement were resolved. As to the submission to the legislature, the parties agreed to have a provision that the settlement in each of the cases would be submitted to the legislature for approval within 10 days of the Court's approval under Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015). 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 #3:01-3:19 (Telephone).) (DF)
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Filing 29
Minute Order for proceedings held before Magistrate Judge James M. Wicks: CIVIL CAUSE FOR TELEPHONE CONFERENCE. Counsel for Plaintiff: Louis D. Stober, Jr. Counsel for Defendant: Deanna Darlene Panico. Counsel for Third Party Defendants (CSEA Local 1000 AFSCME AFL-CIO and CSEA Local 830): Aaron Edward Kaplan. Telephone Conference held on 4/6/2023 at 11:00 AM. Follow up discussion was held on remaining settlement issues. A further Telephone Conference has been scheduled for April 14, 2023 at 3:00 PM via the Court's AT&T Conference line. The parties should dial 1-866-434-5269 and enter access code 9025281# at the prompt. 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 #11:00-11:14 (Telephone).) (DF)
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SCHEDULING ORDER: A Telephone Conference has been set for April 6, 2023, 11:00 AM in the matters 18-cv-01182-JMW-Davidson et al. v. County of Nassau, 19-cv-01102-GRB-JMW-Abbananto et al. v. County of Nassau, and 22-cv-01572-HG-JMW-Allen et al. v. County of Nassau to discuss the parties' submitted term sheets. The parties should dial 1-866-434-5269 and enter access code 9025281# at the prompt. So Ordered by Magistrate Judge James M. Wicks on 4/5/2023. (JR)
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SCHEDULING ORDER: In light of the Settlement Conference held on March 20, 2023, and in accordance with the representation that this case has settled in principle, the Settlement Conference scheduled for April 12, 2023 at 10:00 AM is hereby CANCELLED. So Ordered by Magistrate Judge James M. Wicks on 3/29/2023. (DF)
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Filing 28
CONSENT to Jurisdiction by US Magistrate Judge. Case reassigned to Magistrate Judge James M. Wicks for all further proceedings. Judge Hector Gonzalez no longer assigned to case. Please download and review the Individual Practices of the assigned Judge, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (PN)
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Filing 27
CONSENT to Jurisdiction by US Magistrate Judge by James Allen. (Stober, Louis)
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Case no longer referred to Magistrate Judge James M. Wicks. (PN)
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ORDER. Settlement Conference held in 18-cv-01182-JMW-Davidson et al. v. County of Nassau, 19-cv-01102-GRB-JMW-Abbananto et al. v. County of Nassau, and 22-cv-01572-HG-JMW-Allen et al. v. County of Nassau. All three cases settled in principle. The parties shall email to Chambers on or before March 31, 2023, a joint term sheet detailing the agreed upon terms. Further, on or before that date, the parties shall file to ECF a joint letter with a proposed dates for a Fairness Hearing and, to the extent necessary, for the parties to file an application for settlement approval pursuant to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015). So Ordered by Magistrate Judge James M. Wicks on 3/20/2023. (JR)
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SCHEDULING ORDER: At the parties' request, a continued settlement conference has been scheduled for March 20, 2023, at 1:30 PM in Courtroom 1020 before Magistrate Judge James M. Wicks. If the parties wish to do so, they may forward any supplemental settlement statements to Chambers' email prior to the conference. So Ordered by Magistrate Judge James M. Wicks on 3/17/2023. (JR)
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Minute Order for proceedings held before Magistrate Judge James M. Wicks: CIVIL CAUSE FOR SETTLEMENT CONFERENCE. Settlement conference held on March 9, 2023 at 11:00 AM. After discussion of possible resolution, Defendants requested further time to consider and review the proposals discussed during the conference. The settlement conference will continue on April 12, 2023 at 10:00 AM in person in Courtroom 1020. All counsel and all parties who are the decision-makers with authority must appear in person. See Fed. R. Civ. P. 16(a)(1), (a)(5); Chen v. Marvel Food Servs., LLC, 2016 U.S. Dist. LEXIS 161074, at *5-6 (E.D.N.Y. Nov. 21, 2016) ("court may require that a party or its representative be present or reasonably available by other means to consider possible settlement"); see also 28 U.S.C. 473(b)(5) (discussing mandatory appearance of representative with binding authority at settlement conferences); Grenion v. Farmers Ins. Exchange, 2014 U.S. Dist. LEXIS 35549, at *3-4 (E.D.N.Y. March 14, 2014) (same). So Ordered by Magistrate Judge James M. Wicks on March 9, 2023. (DF)
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Filing 26
Minute Order for proceedings held before Magistrate Judge James M. Wicks: CIVIL CAUSE FOR STATUS CONFERENCE. Counsel for Plaintiff: Louis D. Stober, Jr. Counsel for Defendant: Deanna Darlene Panico, Rhoda Yohai Andors. Status Conference held on 2/7/2023 at 11:30 AM. The parties advised the Court of the status of discovery. Paper discovery has been completed but depositions have yet to be taken. The parties having expressed a desire to reach an amicable resolution of this case, an in-person Settlement Conference has been scheduled for March 9, 2023 at 11:00 AM in Courtroom 1020. Parties shall comply with Judge Wicks' Individual Practice Rules regarding Settlement Conferences (Rules 5). Parties are to submit their respective confidential settlement positions via ex parte to Chambers email no later than seven (7) days prior to the scheduled conference date. All other discovery deadlines are hereby held in abeyance pending the outcome of the Settlement 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 #11:31-11:37 (Video).) (DF)
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Filing 25
Minute Order for proceedings held before Magistrate Judge James M. Wicks: CIVIL CAUSE FOR STATUS CONFERENCE. Counsel for Plaintiff: Louis D. Stober, Jr. Counsel for Defendant: Rhoda Yohai Andors. Status Conference held on 11/29/2022 at 11:00 AM. The parties advised the Court as to the status of discovery. The parties advised that paper discovery is nearly complete with Plaintiffs having received Defendant's responses this week. Upon request, the deadline for the completion of fact depositions is hereby extended to on or before February 28, 2023. A Status Conference has been scheduled for February 7, 2023, at 11:30 AM via the Court's Video Zoom. The Court will email the Zoom invitation closer to the conference date. 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 #11:00-11:10 (Telephone).) (DF)
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Filing 24
ANSWER to #10 Amended Complaint, by All Defendants. (Panico, Deanna)
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Filing 23
ORDER granting in part and denying in part #18 Defendant's Motion to Dismiss and denying Defendant's motion to disqualify Plaintiffs' counsel. See attached Order for details. Ordered by Judge Hector Gonzalez on 9/26/2022. (Nkodo, Julie-Irene)
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Filing 22
REPLY in Support re #18 Notice of MOTION to Dismiss and Disqualify, #20 Affidavit in Opposition to Motion,,,, filed by All Defendants. (Attachments: #1 Declaration with Exhibits A-B) (Panico, Deanna)
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Filing 21
First MOTION for Extension of Time to File Response/Reply as to #18 Notice of MOTION to Dismiss and Disqualify, #20 Affidavit in Opposition to Motion,,,, by County of Nassau. (Panico, Deanna)
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ORDER granting #21 Motion for Extension of Time to File Response/Reply as to #18 Notice of MOTION to Dismiss. Defendant's reply is due by August 8, 2022. Ordered by Judge Hector Gonzalez on 7/27/2022. (Nkodo, Julie-Irene)
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Filing 20
AFFIDAVIT/DECLARATION in Opposition re #18 Notice of MOTION to Dismiss and Disqualify filed by All Plaintiffs. (Attachments: #1 Exhibit A MJ Tomlinson Order and Judgment Ebbert et al v Nassau County et al, #2 Exhibit B J Block Order Ebbert et al v Nassau et al denying summ judg, #3 Exhibit C Ebbert et al v Nassau et al Plaintiffs Memo of Law in Opp Summ Judg, #4 Exhibit D Chodkowski et al v County et al settlement agreement MOA and Command notification, #5 Exhibit E MJ Wicks Order approving Chodkowski settlement, #6 Exhibit F Gurrieri et al v County Order approving settlement and Settlement Agreement MOA, #7 Exhibit G Gurrieri et al v County amended Complaint, #8 Exhibit H Davidson et al v County first amended complaint, #9 Exhibit I MJ Wicks Order Davidson et al v County 3-14-22, #10 Exhibit J Davidson et al v County proposed amended complaint, #11 Exhibit K Abbananto et al v County proposed amended complaint, #12 Exhibit L Aamodt et al v County settlement agreement and release, #13 Declaration Declaration of all Plaintiffs opposing County motion, #14 Memorandum in Opposition Memo of Law in opposition to County motions) (Stober, Louis)
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ORDER granting #19 Motion for Extension of Time to File Response/Reply re #18 Notice of MOTION to Dismiss. Plaintiffs' opposition is due on July 25, 2022 and Defendant's reply, if any, is due on August 1, 2022. Ordered by Judge Hector Gonzalez on 7/15/2022. (Nkodo, Julie-Irene)
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Filing 19
MOTION for Extension of Time to File Response/Reply to Motion re #18 Notice of MOTION to Dismiss and Disqualify letter requesting one week extension to file opposition filed by All Plaintiffs. (Stober, Louis) Modified on 7/15/2022 (Neptune, Pierre).
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Filing 18
Notice of MOTION to Dismiss and Disqualify by County of Nassau. (Attachments: #1 Declaration Declaration of Deanna Panico in Support of Defendant's Motion to Dismiss and Defendant's Motion to Disqualify, #2 Exhibit Exhibit A to Declaration, #3 Exhibit Exhibit B to Declaration, #4 Exhibit Exhibit C to Declaration, #5 Exhibit Exhibit D to Declaration, #6 Exhibit Exhibit E to Declaration, #7 Exhibit Exhibit F to Declaration, #8 Exhibit Exhibit G to Declaration, #9 Exhibit Exhibit H to Declaration, #10 Exhibit Exhibit I to Declaration, #11 Memorandum in Support Memorandum of Law in Support of Defendant's Motion to Dismiss and Defendant's Motion to Disqualify) (Panico, Deanna)
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SCHEDULING ORDER re #12 Motion for Pre-Motion Conference. The Court sets a briefing schedule on the motion to dismiss in lieu of a pre-motion conference: Defendant's motion is due June 27, 2022, Plaintiffs' opposition is due July 18, 2022, and the reply, if any, is due July 25, 2022. The parties are directed to review Section IV.B of this Court's Individual Practices. Ordered by Judge Hector Gonzalez on 6/4/2022. (Nkodo, Julie-Irene)
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Filing 17
SCHEDULING ORDER: Please See Order For Further Deadline and Hearing Details. So Ordered by Magistrate Judge James M. Wicks on 6/2/2022. (Ortiz, Grisel)
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Filing 16
Minute Order for proceedings held before Magistrate Judge James M. Wicks: CIVIL CAUSE FOR INITIAL CONFERENCE. Counsel For Plaintiff: Louis D. Stober. Counsel For Defendant: Rhoda Andors. Initial Conference Hearing held on 6/2/2022 at 10:00 AM. The parties summarized the details of the case. Following discussion with counsel and review of the submitted worksheet, the Court adopted a Scheduling Order which is attached at DE#17 . A Status conference has been scheduled for November 29, 2022, at 11:00 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 May 22, 2023, at 11:00 AM via the Court's Video Zoom. The Court will email the Zoom invitation closer to the conference date. If the trial judge requires one, a joint proposed pretrial order in compliance with that judges requirements and signed by counsel for each party must be received by the undersigned 5 business days prior to this conference. (FTR Log #10:10-10:17 (video).) (Ortiz, Grisel)
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Filing 15
NOTICE of Appearance by Rhoda Yohai Andors on behalf of All Defendants (aty to be noticed) (Andors, Rhoda)
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Case reassigned to Judge Hector Gonzalez. Judge Joan M. Azrack 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. (Florio, Lisa)
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Filing 14
Proposed Scheduling Order with Pltf and Deft versions of IB by James Allen (Stober, Louis)
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Filing 13
RESPONSE in Opposition re #12 MOTION for pre motion conference Opposition to motion filed by All Plaintiffs. (Attachments: #1 Exhibit A Stober letter in opp to Aamodt premotion letter to dismiss, #2 Exhibit B MJ Tomlinson Order Ebbert et al v Nassau, #3 Exhibit C Chodkowski stip of sedttlement, #4 Exhibit D Chodkowski MOA, #5 Exhibit E MJ Wicks discovery Order Davidson et al v County of Nassau) (Stober, Louis)
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Filing 12
Letter motion for pre-motion conference seeking leave to move to dismiss by County of Nassau (Panico, Deanna) Modified on 5/16/2022 to change event type to motion (Coleman, Laurie).
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Filing 11
INITIAL CONFERENCE SCHEDULING ORDER: An initial conference via Zoom will be held at 10:00 am on 6/2/2022 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 5/26/2022. 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. So Ordered by Magistrate Judge James M. Wicks on 4/20/2022. (Attachments: #1 Proposed Rule 26(f) Scheduling Order, #2 JMW Individual Rules) (Ortiz, Grisel)
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Filing 10
AMENDED COMPLAINT against County of Nassau, filed by James Allen. (Attachments: #1 Exhibit A Lundquist report, #2 Exhibit A Lundquist attachment to report, #3 Exhibit B Block decision, #4 Exhibit C Notice of Claim) (Stober, Louis)
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ORDER granting #9 MOTION for Extension of Time to File Answer re #1 Complaint, or otherwise respond to Complaint. Defendant must answer or otherwise respond to the Complaint by May 13, 2022. Ordered by Judge Joan M. Azrack on 4/13/2022. (Patterson, Samuel)
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Filing 9
MOTION for Extension of Time to File Answer re #1 Complaint, or otherwise respond to Complaint by County of Nassau. (Panico, Deanna)
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Filing 8
NOTICE of Appearance by Deanna Darlene Panico on behalf of All Defendants (aty to be noticed) (Panico, Deanna)
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Filing 7
SUMMONS Returned Executed by James Allen. All Defendants. (Stober, Louis)
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Filing 6
Summons Issued as to County of Nassau. (Jakubowski, Laura)
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Filing 5
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. (Jakubowski, Laura)
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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. (Jakubowski, Laura)
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Case Assigned to Judge Joan M. Azrack 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. (Jakubowski, Laura)
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Filing 3
Proposed Summons.Civil Cover Sheet.. by James Allen, Joseph W. Balletta, Robert Brancato, Michael Brinkley, Michael Capoziello, Thomas Cinque (Stober, Louis)
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Filing 2
Proposed Summons.Civil Cover Sheet.. by James Allen, Joseph W. Balletta, Robert Brancato, Michael Brinkley, Michael Capoziello, Thomas Cinque (Attachments: #1 Appendix civil cover sheet/arb statement) (Stober, Louis)
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Filing 1
COMPLAINT against County of Nassau filing fee $ 402, receipt number ANYEDC-15399148 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Joseph W. Balletta, James Allen, Robert Brancato, Thomas Cinque, Michael Brinkley, Michael Capoziello. (Attachments: #1 Exhibit A Lundquist report, #2 Exhibit A Lundquist report attachment, #3 Exhibit B J Block decision 3-31-09) (Stober, Louis) Modified on 3/23/2022 (Jakubowski, Laura).
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