Seekamp v. It's Huge, Inc. et al
| Heidi Seekamp and Seekamp |
| Fuccillo Auto World, Inc., Fuccillo Buick Pontiac GMC, Inc., Fuccillo Chevrolet Olds Pontiac Buick, Inc., Fuccillo Chevrolet of Nelliston, Inc., Fuccillo Chevrolet, Inc., Fuccillo Chrysler Jeep Dodge of Amsterdam, Inc., Fuccillo Chrysler of Nelliston, Inc., Fuccillo Dodge Chrysler Jeep, Inc., Fuccillo Enterprises of East Greenbush, Inc., Fuccillo Enterprises, Inc., Fuccillo Ford of East Greenbush, Inc., Fuccillo Ford of Nelliston, Inc., Fuccillo Ford of Seneca Falls, Inc., Fuccillo Ford, Inc., Fuccillo Hyundai of Greece, Inc., Fuccillo Hyundai of Syracuse, Inc., Fuccillo Imports, Inc., Fuccillo Lincoln Mercury Hyundai, Inc., Fuccillo Pontiac Buick, Inc., It's Huge, Inc., Universal Automotive Services, Inc. and It's Huge, Inc |
| 1:2009cv00018 |
| January 7, 2009 |
| US District Court for the Northern District of New York |
| Truth in Lending Office |
| Albany |
| Christian F Hummel |
| Lawrence E Kahn |
| Truth in Lending |
| 15 U.S.C. § 1601 Truth in Lending |
| Both |
Docket Report
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This docket was last retrieved on December 18, 2014. A more recent docket listing may be available from PACER.
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Filing 121
Minute Entry for proceedings held before Senior Judge Lawrence E. Kahn: Motion Hearing held on 11/12/2014 re: #120 Consent MOTION to Certify Class for Final Approval of Class Settlement filed by Heidi Seekamp. Attorney S. Lemberg places on the record that the preliminary approval of the class settlement has been granted, no objections to the settlement have been filed & no class members have appeared to object to the agreed upon settlement. Mr. Lemberg requests that the Court approve the settlement, except for 1 change that is placed on the record by Attorney M. Kelly. Mr. Kelly presents the stipulated change: that 30 days after receipt of the duly executed Court Order approving the settlement, the class will be issued their checks. Attorneys fees will be issued on 1/03/15. Appearances: Sergei Lemberg, Martin Mushkin, Matthew J. Kelly & Arthur J. Liederman. (Court Reporter L. Tennyson & CRD S. Snyder) (sas)
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Filing 120
Consent MOTION to Certify Class for Final Approval of Class Settlement Motion Hearing set for 11/12/2014 10:30 AM in Albany before Senior Judge Lawrence E. Kahn Response to Motion due by 10/27/2014 Reply to Response to Motion due by 11/3/2014. filed by Heidi Seekamp. (Attachments: #1 Exhibit(s) A, #2 Memorandum of Law, #3 Declaration of Sergei Lemberg, #4 Exhibit(s) A, #5 Exhibit(s) B, #6 Exhibit(s) C, #7 Declaration of Martin Mushkin, #8 Exhibit(s) A, #9 Exhibit(s) B, #10 Declaration Stephen Taylor, #11 Affidavit Kelly M. Kratz, #12 Exhibit(s) A) (Lemberg, Sergei)
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Filing 119
ORDER OF PRELIMINARY APPROVAL OF SETTLEMENT AGREEMENT; re #118 Motion to Certify Class, (1) preliminarily approving a class settlement with Defendants; (2) directing notice to class members regarding the proposed Class Settlement; (3) scheduling a final fairness hearing. Fairness Hearing is set for 11/12/2014 at 10:30 AM in Albany before Senior Judge Lawrence E. Kahn. The Class Administrator shall disseminate class notices by 8/15/2014. Signed by Senior Judge Lawrence E. Kahn on July 16, 2014. (sas)
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Filing 118
Consent MOTION to Certify Class to Preliminary Approve Settlement Agreement filed by Heidi Seekamp. (Attachments: #1 Memorandum of Law in Support of Motion to Preliminary Approve Class Settlement, #2 Exhibit(s) 1 - Settlement Agreement, #3 Exhibit(s) A to agreement (Motion), #4 Exhibit(s) B to agreement (proposed preliminary order), #5 Exhibit(s) C to agreement (proposed final order), #6 Exhibit(s) D to agreement (proposed release), #7 Exhibit(s) E to agreement (proposed Class Notice and Claim Form), #8 Lemberg Declaration, #9 Lewis Affidavit) (Lemberg, Sergei) (Attachment 2 replaced on 7/9/2014) (sas, ).
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Filing 117
REPORT of Mediation (Homer, David)
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Filing 116
ORDER granting #115 Letter Request for a 2 week extension of the motion filing deadline. Motions to be filed by 2/5/2014. Signed by Senior Judge Lawrence E. Kahn on January 17, 2014. (sas)
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Filing 115
Letter Motion from Letter to Hon. Lawrence E. Kahn for Fuccillo Lincoln Mercury Hyundai, Inc. requesting extension to file Motion for Summary Judgment submitted to Judge Lawrence E. Kahn . (Kelly, Matthew)
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Filing 114
Letter Motion from Sergei Lemberg for Heidi Seekamp requesting Approval of Class Notice and Plan of Distribution submitted to Judge Kahn . (Attachments: #1 Exhibit(s) A)(Lemberg, Sergei)
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Filing 113
LETTER REQUEST and ORDER granting the #112 parties request for an adjournment of the motion & trial deadlines. Motions to be filed by 1/22/2014. Jury Trial is reset for 3/17/2014 at 09:30 AM in Albany before Senior Judge Lawrence E. Kahn. Pretrial submissions shall be due 3/7/2014. Signed by Senior Judge Lawrence E. Kahn on November 27, 2013. (sas)
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Filing 112
Joint Letter Motion from Parties for Heidi Seekamp requesting Adjournment of the upcoming pretrial deadlines submitted to Judge Lawrence E. Kahn . (Lemberg, Sergei)
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Filing 111
Minute Entry for proceedings held before Senior Judge Lawrence E. Kahn: Status Conference held on 9/11/2013. Settlement is discussed. The case does not settle. Mediation is discussed too. The defendants are given until 9/25/13 to respond to the proposed Class notice. Motions to be filed by 12/3/2013. Jury Trial is set for 2/4/2014 at 10:00 AM in Albany before Senior Judge Lawrence E. Kahn. Pretrial Submissions due by 1/21/2014. Appearances: Attorneys Sergei Lemberg, Martin Mushkin, Robert S. Scalione, William A. Hurst & Matthew J. Kelly. (Court Reporter None. CRD S. Snyder) (sas)
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Filing 110
ORDER granting #108 Letter Request, Status Conference is reset for 9/11/2013 at 10:30 AM in Albany before Senior Judge Lawrence E. Kahn. Signed by Senior Judge Lawrence E. Kahn on July 23, 2013. (sas)
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Filing 109
LETTER BRIEF in response to request to adjourn (Doc. No. 108) by Heidi Seekamp. (Lemberg, Sergei)
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Filing 108
Letter Motion from Matthew J. Kelly, Esq. for Fuccillo Lincoln Mercury Hyundai, Inc. requesting Adjournment of Conference submitted to Judge Lawrence E. Kahn . (Kelly, Matthew)
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Filing 107
DECISION and ORDERED, that Defendants Letter Motion (Dkt. No. 103) requesting that the Court certify the June Order under 28 U.S.C. 1292(b) is DENIED; and it is further ORDERED, that Plaintiffs Letter Motion (Dkt. No. 104) requesting that the Court set an in-chambers status conference is GRANTED; and it is further ORDERED, that an in-chambers status conference will be held on Wednesday, July 24, 2013, at 10:00 A.M. at the James T. Foley U.S. Courthouse, 445 Broadway, Albany, NY 12207-2924 Signed by Senior Judge Lawrence E. Kahn on June 26, 2013. (sas)
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Filing 106
RESPONSE in Opposition re #103 Letter Motion from Greenberg Traurig LLP (William A. Hurst, Esq.) on behalf of Fuccillo Defendants for Fuccillo Auto World, Inc., Fuccillo Buick Pontiac GMC, Inc., Fuccillo Chevrolet Olds Pontiac Buick, Inc., Fuccillo Chevrolet of Nelliston, filed by Heidi Seekamp. (Lemberg, Sergei)
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Filing 105
ORDER Setting Response deadline as to Motion #103 filed on behalf of Fuccillo Defendants: The plaintiff is directed to response to this letter Motion by 6/21/2013. Signed by Senior Judge Lawrence E. Kahn on June 19, 2013. (sas)
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Filing 104
Letter Motion from Sergei Lemberg for Heidi Seekamp requesting Status Conference submitted to Judge Kahn . (Attachments: #1 Exhibit(s) A)(Lemberg, Sergei)
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Filing 103
Letter Motion from Greenberg Traurig LLP (William A. Hurst, Esq.) on behalf of Fuccillo Defendants for Fuccillo Auto World, Inc., Fuccillo Buick Pontiac GMC, Inc., Fuccillo Chevrolet Olds Pontiac Buick, Inc., Fuccillo Chevrolet of Nelliston, Inc., Fuccillo Chevrolet, Inc., Fuccillo Chrysler Jeep Dodge of Amsterdam, Inc., Fuccillo Chrysler of Nelliston, Inc., Fuccillo Dodge Chrysler Jeep, Inc., Fuccillo Enterprises of East Greenbush, Inc., Fuccillo Enterprises, Inc., Fuccillo Ford of East Greenbush, Inc., Fuccillo Ford of Nelliston, Inc., Fuccillo Ford of Seneca Falls, Inc., Fuccillo Ford, Inc., Fuccillo Hyundai of Greece, Inc., Fuccillo Hyundai of Syracuse, Inc., Fuccillo Imports, Inc., Fuccillo Lincoln Mercury Hyundai, Inc., Fuccillo Pontiac Buick, Inc., It's Huge, Inc. requesting certification of June 10 Decision and Order for interlocutory appeal to the United States Court of Appeals for the Second Circuit pursuant to 28 USC 1292(b) and FRAP 5(a)(3) submitted to Judge Lawrence E. Kahn, U.S.D.J. . (Hurst, William)
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Filing 102
DECISION and ORDERED, that Defendants Motion (Dkt. No. 97) for reconsideration of the December Order (Dkt. No. 95) is DENIED. Signed by Senior Judge Lawrence E. Kahn on June 10, 2013. (sas)
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Filing 101
NOTICE of Appearance by Stephen F. Taylor on behalf of All Plaintiffs (Taylor, Stephen)
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Filing 100
RESPONSE in Opposition re #97 MOTION for Reconsideration re #95 Order on Letter Request,,, filed by Heidi Seekamp. (Lemberg, Sergei)
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Filing 99
ORDER granting #96 Letter Request to adjourn. The conference is adjourned without a date due to the recently filed motion for reconsideration. Signed by Senior Judge Lawrence E. Kahn on December 27, 2012. (sas)
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Filing 98
AFFIDAVIT re #97 MOTION for Reconsideration re #95 Order on Letter Request,,, Certificate of Service by Fuccillo Auto World, Inc., Fuccillo Buick Pontiac GMC, Inc., Fuccillo Chevrolet Olds Pontiac Buick, Inc., Fuccillo Chevrolet of Nelliston, Inc., Fuccillo Chevrolet, Inc., Fuccillo Chrysler Jeep Dodge of Amsterdam, Inc., Fuccillo Chrysler of Nelliston, Inc., Fuccillo Dodge Chrysler Jeep, Inc., Fuccillo Enterprises of East Greenbush, Inc., Fuccillo Enterprises, Inc., Fuccillo Ford of East Greenbush, Inc., Fuccillo Ford of Nelliston, Inc., Fuccillo Ford of Seneca Falls, Inc., Fuccillo Ford, Inc., Fuccillo Hyundai of Greece, Inc., Fuccillo Hyundai of Syracuse, Inc., Fuccillo Imports, Inc., Fuccillo Lincoln Mercury Hyundai, Inc., Fuccillo Pontiac Buick, Inc., It's Huge, Inc.. (Hurst, William)
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Filing 97
MOTION for Reconsideration re #95 Order on Letter Request,,, Motion Hearing set for 3/1/2013 09:30 AM in Albany before Senior Judge Lawrence E. Kahn Response to Motion due by 2/12/2013 filed by Fuccillo Auto World, Inc., Fuccillo Buick Pontiac GMC, Inc., Fuccillo Chevrolet Olds Pontiac Buick, Inc., Fuccillo Chevrolet of Nelliston, Inc., Fuccillo Chevrolet, Inc., Fuccillo Chrysler Jeep Dodge of Amsterdam, Inc., Fuccillo Chrysler of Nelliston, Inc., Fuccillo Dodge Chrysler Jeep, Inc., Fuccillo Enterprises of East Greenbush, Inc., Fuccillo Enterprises, Inc., Fuccillo Ford of East Greenbush, Inc., Fuccillo Ford of Nelliston, Inc., Fuccillo Ford of Seneca Falls, Inc., Fuccillo Ford, Inc., Fuccillo Hyundai of Greece, Inc., Fuccillo Hyundai of Syracuse, Inc., Fuccillo Imports, Inc., Fuccillo Lincoln Mercury Hyundai, Inc., Fuccillo Pontiac Buick, Inc., It's Huge, Inc.. (Attachments: #1 Memorandum of Law in Support of Motion for Reconsideration, #2 Declaration of William A. Hurst in Support of Motion for Reconsideration) (Hurst, William)
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Filing 96
Letter Motion from Sergei Lemberg, Esq. for Heidi Seekamp requesting Continuance submitted to Judge Lawrence E. Kahn . (Lemberg, Sergei)
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Filing 95
MEMORANDUM-DECISION and ORDERED, that Defendants Letter Motion (Dkt. No. 90) to renew its dispositive jurisdictional Motion is DENIED. Signed by Senior Judge Lawrence E. Kahn on December 11, 2012. A Status Conference is set for 1/31/2013 at 11:00 AM in Albany before Senior Judge Lawrence E. Kahn. At the time of the conference, counsel will report on the status of the above-entitled action. Parties with full settlement authority are to be readily available during the conference. If settlement cannot be reached, counsel are to be prepared to discuss issues which may be raised at the time of trial. The attorneys of record are directed to discuss trial deadlines with each other (pre-conference) & will be prepared to stipulate to a trial date at the time of the conference. Several agreed upon proposed trial deadlines shall be made available to the Court for Judge Kahns consideration. (sas)
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Filing 94
ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Christian F. Hummel for all further proceedings. Magistrate Judge David R. Homer no longer assigned to case. Signed by Chief Judge Gary L. Sharpe on 9/4/2012. (dpk)
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Filing 93
LETTER BRIEF submited in accordance with the Court's Text Order [Dkt. 92] by Fuccillo Auto World, Inc., Fuccillo Buick Pontiac GMC, Inc., Fuccillo Chevrolet Olds Pontiac Buick, Inc., Fuccillo Chevrolet of Nelliston, Inc., Fuccillo Chevrolet, Inc., Fuccillo Chrysler Jeep Dodge of Amsterdam, Inc., Fuccillo Chrysler of Nelliston, Inc., Fuccillo Dodge Chrysler Jeep, Inc., Fuccillo Enterprises of East Greenbush, Inc., Fuccillo Enterprises, Inc., Fuccillo Ford of East Greenbush, Inc., Fuccillo Ford of Nelliston, Inc., Fuccillo Ford of Seneca Falls, Inc., Fuccillo Ford, Inc., Fuccillo Hyundai of Greece, Inc., Fuccillo Hyundai of Syracuse, Inc., Fuccillo Imports, Inc., Fuccillo Lincoln Mercury Hyundai, Inc., Fuccillo Pontiac Buick, Inc., It's Huge, Inc.. (Hurst, William)
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Filing 92
ORDERED: Defendants are directed to file a reply, of no more than ten (10) pages in length, to Plaintiffs Response (Dkt. No. 90), focusing on whether the Court lacks subject matter jurisdiction in this action. The reply should address, in light of the federal claims set out in Plaintiff's Complaint: (1) whether the provisions of 28 U.S.C. 1332(d) are applicable, and (2) whether the Court has discretion to exert supplemental jurisdiction over Plaintiff's state law claims. To the extent that the local controversy exception of 1332(d)(4) does apply in this case, the reply should also address whether this exception is, in fact, a jurisdictional requirement. See Calingo v. Meridian Resources Co. LLC, No. 7:11-cv-628, 2011 WL 3611319, at *4-5 (S.D.N.Y. Aug. 16, 2011) (citing Graphic Communc. Local 1B Health & Welfare Fund "A" v. CVS Caremark Corp, 636 F.3d 971, 973 (8th Cir. 2011)). Signed by Senior Judge Lawrence E. Kahn on June 01, 2012. (sas)
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Filing 91
Response Letter Motion from Sergei Lemberg for Heidi Seekamp requesting denial of Defendants' May 15, 2012 request submitted to Judge Lawrence E. Kahn, U.S.D.J. . (Lemberg, Sergei)
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Filing 90
Letter Motion from Greenberg Traurig, LLP (William A. Hurst, Esq.) and Roemer Wallens Gold & Mineaux, LLP (Matthew J. Kelly, Esq.) for Fuccillo Auto World, Inc., Fuccillo Buick Pontiac GMC, Inc., Fuccillo Chevrolet Olds Pontiac Buick, Inc., Fuccillo Chevrolet of Nelliston, Inc., Fuccillo Chevrolet, Inc., Fuccillo Chrysler Jeep Dodge of Amsterdam, Inc., Fuccillo Chrysler of Nelliston, Inc., Fuccillo Dodge Chrysler Jeep, Inc., Fuccillo Enterprises of East Greenbush, Inc., Fuccillo Enterprises, Inc., Fuccillo Ford of East Greenbush, Inc., Fuccillo Ford of Nelliston, Inc., Fuccillo Ford of Seneca Falls, Inc., Fuccillo Ford, Inc., Fuccillo Hyundai of Greece, Inc., Fuccillo Hyundai of Syracuse, Inc., Fuccillo Imports, Inc., Fuccillo Lincoln Mercury Hyundai, Inc., Fuccillo Pontiac Buick, Inc., It's Huge, Inc. requesting temporary stay of class notice publication requirement and leave to renew dispositive jurisdictional motion submitted to Judge Lawrence E. Kahn, U.S.D.J. . (Hurst, William)
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Filing 89
MANDATE OF USCA (USCA case number 12-1166-mv), issued 5/11/12, denying w/o prejudice the defendants / petitioners' motion for leave to appeal the district court order granting motion for class certification. (cbm )
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Filing 88
ORDER granting #87 Letter Request re Letter Motion from Matthew J. Kelly, Esq. for Fuccillo Lincoln Mercury Hyundai, Inc., It's Huge, Inc., Universal Automotive Services, Inc. requesting an extension of time to respond to the proposed class notice. Response to Motion due by 5/16/2012. Signed by Senior Judge Lawrence E. Kahn on May 3, 2012. (sas)
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Filing 87
LETTER REQUEST (not motion) Letter Motion from Matthew J. Kelly, Esq. for Fuccillo Lincoln Mercury Hyundai, Inc., It's Huge, Inc., Universal Automotive Services, Inc. requesting an extension of time to respond to the proposed class notice until May 16, 2012 . (Kelly, Matthew)
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Filing 86
MEMORANDUM-DECISION and ORDERED, that Plaintiffs Motion for class certification (Dkt. No. 61) is GRANTED; and it is further ORDERED, that Plaintiff is directed to submit a proposed notice to Defendants for comment on the content and form of the notice within thirty days of the date of this Memorandum-Decision and Order. The parties shall confer and submit to the Court a mutually agreed-upon notice within thirty days thereafter; and it is furtherORDERED, that Defendants Cross-Motion for summary judgment (Dkt. No. 63) is DENIED without prejudice. Signed by Senior Judge Lawrence E. Kahn on March 13, 2012. (sas)
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Filing 85
NOTICE by Heidi Seekamp re #61 MOTION to Certify Class (Lemberg, Sergei)
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Filing 84
ORDER granting #83 Motion to Withdraw as Attorney. IT IS SO ORDERED that upon due consideration, the Court hereby GRANTS the Plaintiff's motion and hereby Orders that Attorney Susan Schneiderman be allowed to withdraw as counsel to the Plaintiff. Signed by Magistrate Judge David R. Homer on 10/19/2011. (mab)
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Filing 83
MOTION to Withdraw as Attorney Motion Hearing set for 12/2/2011 09:30 AM in Syracuse before Senior Judge Lawrence E. Kahn Response to Motion due by 11/15/2011 filed by Heidi Seekamp. (Attachments: #1 Declaration of Susan Schneiderman, #2 Proposed Order/Judgment) Motions referred to David R. Homer. (Lemberg, Sergei)
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Filing 82
LETTER REQUEST and ORDER granting #81 Request. The trial deadlines have been adjourned without a date due to the pending dispositive motion. Signed by Senior Judge Lawrence E. Kahn on October 14, 2011. (sas)
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Filing 81
Letter Motion from Greenberg Traurig LLP (William A. Hurst, Esq., of Counsel) for Fuccillo Auto World, Inc., Fuccillo Buick Pontiac GMC, Inc., Fuccillo Chevrolet Olds Pontiac Buick, Inc., Fuccillo Chevrolet of Nelliston, Inc., Fuccillo Chevrolet, Inc., Fuccillo Chrysler Jeep Dodge of Amsterdam, Inc., Fuccillo Chrysler of Nelliston, Inc., Fuccillo Dodge Chrysler Jeep, Inc., Fuccillo Enterprises of East Greenbush, Inc., Fuccillo Enterprises, Inc., Fuccillo Ford of East Greenbush, Inc., Fuccillo Ford of Nelliston, Inc., Fuccillo Ford of Seneca Falls, Inc., Fuccillo Ford, Inc., Fuccillo Hyundai of Greece, Inc., Fuccillo Hyundai of Syracuse, Inc., Fuccillo Imports, Inc., Fuccillo Lincoln Mercury Hyundai, Inc., Fuccillo Pontiac Buick, Inc., It's Huge, Inc. requesting adjustment of trial date to accomodate pending motions submitted to Judge David R. Homer, U.S.M.J. on consent of all parties. (Hurst, William)
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Filing 80
LETTER REQUEST & ORDER granting #79 Letter motion. The consented request to disregard the contrary representations made in the defendants' memo of law & L.R. 7.1 statement is GRANTED. Signed by Senior Judge Lawrence E. Kahn on August 1, 2011. (sas)
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Filing 79
Consented to Letter Motion from Greenberg Traurig, LLP (William A. Hurst, Esq., of Counsel) for Fuccillo Auto World, Inc., Fuccillo Buick Pontiac GMC, Inc., Fuccillo Chevrolet Olds Pontiac Buick, Inc., Fuccillo Chevrolet of Nelliston, Inc., Fuccillo Chevrolet, Inc., Fuccillo Chrysler Jeep Dodge of Amsterdam, Inc., Fuccillo Chrysler of Nelliston, Inc., Fuccillo Dodge Chrysler Jeep, Inc., Fuccillo Enterprises of East Greenbush, Inc., Fuccillo Enterprises, Inc., Fuccillo Ford of East Greenbush, Inc., Fuccillo Ford of Nelliston, Inc., Fuccillo Ford of Seneca Falls, Inc., Fuccillo Ford, Inc., Fuccillo Hyundai of Greece, Inc., Fuccillo Hyundai of Syracuse, Inc., Fuccillo Imports, Inc., Fuccillo Lincoln Mercury Hyundai, Inc., Fuccillo Pontiac Buick, Inc., It's Huge, Inc. requesting amendments, consented to by all parties, to the summary judgment motion record to take into account certain facts adduced after the close of discovery submitted to Judge Lawrence E. Kahn, U.S.D.J. (Hurst, William)
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Filing 78
ORDER granting #75 Defendants' Letter Request to Strike Plaintiff's #74 Amended Reply. Signed by Senior Judge Lawrence E. Kahn on 6/23/2011. (mab)
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Filing 77
RESPONSE TO LETTER BRIEF filed by Fuccillo Auto World, Inc., Fuccillo Buick Pontiac GMC, Inc., Fuccillo Chevrolet Olds Pontiac Buick, Inc., Fuccillo Chevrolet of Nelliston, Inc., Fuccillo Chevrolet, Inc., Fuccillo Chrysler Jeep Dodge of Amsterdam, Inc., Fuccillo Chrysler of Nelliston, Inc., Fuccillo Dodge Chrysler Jeep, Inc., Fuccillo Enterprises of East Greenbush, Inc., Fuccillo Enterprises, Inc., Fuccillo Ford of East Greenbush, Inc., Fuccillo Ford of Nelliston, Inc., Fuccillo Ford of Seneca Falls, Inc., Fuccillo Ford, Inc., Fuccillo Hyundai of Greece, Inc., Fuccillo Hyundai of Syracuse, Inc., Fuccillo Imports, Inc., Fuccillo Lincoln Mercury Hyundai, Inc., Fuccillo Pontiac Buick, Inc., It's Huge, Inc. as to #76 Response to Motion, filed by Heidi Seekamp. (Kelly, Matthew)
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Filing 76
RESPONSE to Motion re #75 Letter Motion from Matthew J. Kelly for Fuccillo Auto World, Inc., Fuccillo Auto World, Inc., Fuccillo Buick Pontiac GMC, Inc., Fuccillo Buick Pontiac GMC, Inc., Fuccillo Chevrolet Olds Pontiac Buick, Inc., Fuccillo Chevrolet Olds Pontiac Buick, Inc., F filed by Heidi Seekamp. (Schneiderman, Susan)
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Filing 75
Letter Motion from Matthew J. Kelly for Fuccillo Auto World, Inc., Fuccillo Auto World, Inc., Fuccillo Buick Pontiac GMC, Inc., Fuccillo Buick Pontiac GMC, Inc., Fuccillo Chevrolet Olds Pontiac Buick, Inc., Fuccillo Chevrolet Olds Pontiac Buick, Inc., Fuccillo Chevrolet of Nelliston, Inc., Fuccillo Chevrolet of Nelliston, Inc., Fuccillo Chevrolet, Inc., Fuccillo Chevrolet, Inc., Fuccillo Chrysler Jeep Dodge of Amsterdam, Inc., Fuccillo Chrysler Jeep Dodge of Amsterdam, Inc., Fuccillo Chrysler of Nelliston, Inc., Fuccillo Chrysler of Nelliston, Inc., Fuccillo Dodge Chrysler Jeep, Inc., Fuccillo Dodge Chrysler Jeep, Inc., Fuccillo Enterprises of East Greenbush, Inc., Fuccillo Enterprises of East Greenbush, Inc., Fuccillo Enterprises, Inc., Fuccillo Enterprises, Inc., Fuccillo Ford of East Greenbush, Inc., Fuccillo Ford of East Greenbush, Inc., Fuccillo Ford of Nelliston, Inc., Fuccillo Ford of Nelliston, Inc., Fuccillo Ford of Seneca Falls, Inc., Fuccillo Ford of Seneca Falls, Inc., Fuccillo Ford, Inc., Fuccillo Ford, Inc., Fuccillo Hyundai of Greece, Inc., Fuccillo Hyundai of Greece, Inc., Fuccillo Hyundai of Syracuse, Inc., Fuccillo Hyundai of Syracuse, Inc., Fuccillo Imports, Inc., Fuccillo Imports, Inc., Fuccillo Lincoln Mercury Hyundai, Inc., Fuccillo Lincoln Mercury Hyundai, Inc., Fuccillo Pontiac Buick, Inc., Fuccillo Pontiac Buick, Inc., It's Huge, Inc., It's Huge, Inc. requesting that the court strike and disregard plailntiff's amendments to its original filing submitted to Judge Lawrence E. Khan. (Kelly, Matthew)
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Filing 74
***STRICKEN FROM THE DOCKET PURSUANT TO ORDER (DOCKET NO. 78)*** AMENDED DOCUMENT by Heidi Seekamp. Amendment to #69 Memorandum of Law Declaration of Susan Schneiderman in Support of Amendment to Plaintiff's Responsive Statement of Material Facts. (Attachments: #1 Exhibit(s) 1 to Schneiderman Declaration - Excerpts of Lewis Deposition, #2 Exhibit(s) 2 to Schneiderman Declaration - Excerpts of Testone Deposition, #3 Exhibit(s) 3 to Schneiderman Declaration - Document Marked Testone 2, #4 Exhibit(s) 4 to Schneiderman Declaration - Document Marked Testone 7, #5 Statement of Material Facts First Amended Responsive Statement)(Schneiderman, Susan) Modified on 6/23/2011 (mab).
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Filing 73
NOTICE of Appearance by Susan Schneiderman on behalf of All Plaintiffs (Schneiderman, Susan)
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Filing 72
ORDER regarding #70 Plaintiff's Letter Request for a thirty day extension of the deadline for completion of discovery. IT IS HEREBY ORDERED that Plaintiff's request for an order extending the deadline for the completion of discovery is GRANTED solely to permit Plaintiff to (1) obtain the documents identified during the depositions of defense witnesses in April 2011 and (2) take the deposition of the non-party IAS representative, but Plaintiff's request is DENIED as to the deposition of William Fuccillo. IT IS FURTHER ORDERED that (1) discovery after 5/ 1/2011 is limited to the two matters identified in the preceding paragraph, and (2) the Uniform Pretrial Scheduling Order #27 filed 4/8/2010, as previously amended, remains in full force and effect in all other respects. Signed by Magistrate Judge David R. Homer on 5/4/2011. (mab)
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Minute Entry for proceedings held re #70 and #71 before Magistrate Judge David R. Homer. A discovery conference was scheduled for 5/4/2011. The court successfully contacted by telephone defense counsel, William Hurst and Matthew Kelly. Plaintiff's counsel provided a cell phone number that dropped the court's call three times. The court advised the parties that a decision would be made on submission of the papers and the telephone conference was terminated. (lah, )
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Filing 71
RESPONSE TO LETTER BRIEF filed by Fuccillo Auto World, Inc., Fuccillo Buick Pontiac GMC, Inc., Fuccillo Chevrolet Olds Pontiac Buick, Inc., Fuccillo Chevrolet of Nelliston, Inc., Fuccillo Chevrolet, Inc., Fuccillo Chrysler Jeep Dodge of Amsterdam, Inc., Fuccillo Chrysler of Nelliston, Inc., Fuccillo Dodge Chrysler Jeep, Inc., Fuccillo Enterprises of East Greenbush, Inc., Fuccillo Enterprises, Inc., Fuccillo Ford of East Greenbush, Inc., Fuccillo Ford of Nelliston, Inc., Fuccillo Ford of Seneca Falls, Inc., Fuccillo Ford, Inc., Fuccillo Hyundai of Greece, Inc., Fuccillo Hyundai of Syracuse, Inc., Fuccillo Imports, Inc., Fuccillo Lincoln Mercury Hyundai, Inc., Fuccillo Pontiac Buick, Inc., It's Huge, Inc. as to #70 Letter Request/Motion filed by Heidi Seekamp in Opposition to Plaintiff's Request to Extend Discovery Deadline. (Hurst, William)
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TEXT NOTICE re #70 Letter Motion from Sergei Lemberg. A Telephone Conference will be held on MAY 4, 2011 at 2:30 PM with Magistrate Judge David R. Homer. Chambers will initiate the conference call. (lah, )
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Filing 70
Letter Motion from Sergei Lemberg for Heidi Seekamp requesting requesting modification of scheduling order submitted to Judge Homer. (Lemberg, Sergei)
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Filing 69
MEMORANDUM OF LAW re #63 Response in Opposition to Motion,,,,,, #61 Motion to Certify Class,,, filed by Heidi Seekamp. (Attachments: #1 Statement of Material Facts Plaintiff's Responsive Statement)(Lemberg, Sergei)
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Filing 68
ORDER re Discovery Hearing. Plaintiff's #66 request for an order compelling defendants to produce Fuccillo for deposition is DENIED without prejudice to renewal after completion of the depositions of other corporate officers; and Defendants' #67 requests for a protective order prohibiting the deposition of Fuccillo before plaintiff has completed the depositions of other corporate officers is GRANTED with leave to plaintiff to renew its request for an order compelling the deposition of Fuccillo after those depositions of other corporate officers are completed upon a showing by plaintiff of the evidence and information in the possession of Fuccillo which remains relevant to disputed evidence in the case. Signed by Magistrate Judge David R. Homer on 3/29/2011. (dpk)
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Filing 67
LETTER BRIEF Regarding Corporate Depositions by Fuccillo Auto World, Inc., Fuccillo Buick Pontiac GMC, Inc., Fuccillo Chevrolet Olds Pontiac Buick, Inc., Fuccillo Chevrolet of Nelliston, Inc., Fuccillo Chevrolet, Inc., Fuccillo Chrysler Jeep Dodge of Amsterdam, Inc., Fuccillo Chrysler of Nelliston, Inc., Fuccillo Dodge Chrysler Jeep, Inc., Fuccillo Enterprises of East Greenbush, Inc., Fuccillo Enterprises, Inc., Fuccillo Ford of East Greenbush, Inc., Fuccillo Ford of Nelliston, Inc., Fuccillo Ford of Seneca Falls, Inc., Fuccillo Ford, Inc., Fuccillo Hyundai of Greece, Inc., Fuccillo Hyundai of Syracuse, Inc., Fuccillo Imports, Inc., Fuccillo Lincoln Mercury Hyundai, Inc., Fuccillo Pontiac Buick, Inc., It's Huge, Inc.. (Kelly, Matthew)
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Minute Entry for proceedings held re #66 before Magistrate Judge David R. Homer. A Discovery Conference was held on 3/29/2011 with Sergei Lemberg and Martin Mushkin for plaintiff; William Hurst and Matthew Kelly for the defendants. Discussed were the depositions of certain witnesses. A written order will be entered denying plaintiff's request to depose CCO Fuccillo; and granting defendants' request for a protective order. Plaintiff is granted leave to renew its request for the deposition of Fuccillo after the depositions of other corporate officers are completed. (lah, )
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TEXT NOTICE re #66 Letter Motion from Sergei Lemberg. A Discovery Conference will be held on MARCH 29, 2011 at 12:30 p.m. with Hon. David R. Homer, USMJ, in Chambers, Room 441, James Foley U.S. Courthouse, 445 Broadway, Albany. (lah, )
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Filing 66
Letter Motion from Sergei Lemberg for Heidi Seekamp requesting a Discovery Conference submitted to Judge Homer. (Lemberg, Sergei)
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Filing 65
STIPULATION AND ORDER re: #64 STIPULATION To Adjourn Motion Date filed by Heidi Seekamp. The hearing date for the motion to certify class & cross motion for summary judgment is adjourned until 4/15/11. The plaintiff's reply with respect to the motion & opposition with respect to the cross-motion will be served & filed on or before 4/4/11. These motions will be considered on the submission of the motion papers, only. No oral arguments will be entertained. Signed by Senior Judge Lawrence E. Kahn on March 08, 2011. (sas)
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Reset Deadlines as to #61 MOTION to Certify Class & cross motion for summary judgment #63 . Plaintiff's Reply to Response to Motion due by 4/4/2011. Motion Hearing is reset for 4/15/2011 before Senior Judge Lawrence E. Kahn. These motions remain on submit. No oral arguments will be entertained. (sas)
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Filing 64
STIPULATION To Adjourn Motion Date by Heidi Seekamp submitted to Judge Honorable Lawrence E. Kahn. (Lemberg, Sergei)
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Filing 63
RESPONSE in Opposition re #61 MOTION to Certify Class and Cross-Motion in Support of Summary Judgment on Every Cause of Action and Dismissing the Complaint filed by Fuccillo Auto World, Inc., Fuccillo Buick Pontiac GMC, Inc., Fuccillo Chevrolet Olds Pontiac Buick, Inc., Fuccillo Chevrolet of Nelliston, Inc., Fuccillo Chevrolet, Inc., Fuccillo Chrysler Jeep Dodge of Amsterdam, Inc., Fuccillo Chrysler of Nelliston, Inc., Fuccillo Dodge Chrysler Jeep, Inc., Fuccillo Enterprises of East Greenbush, Inc., Fuccillo Enterprises, Inc., Fuccillo Ford of East Greenbush, Inc., Fuccillo Ford of Nelliston, Inc., Fuccillo Ford of Seneca Falls, Inc., Fuccillo Ford, Inc., Fuccillo Hyundai of Greece, Inc., Fuccillo Hyundai of Syracuse, Inc., Fuccillo Imports, Inc., Fuccillo Lincoln Mercury Hyundai, Inc., Fuccillo Pontiac Buick, Inc., It's Huge, Inc.. (Attachments: #1 Fuccillo Defendants' Cross-Motion for Summary Judgment, #2 Statement of Material Facts, #3 Declaration of William A. Hurst, #4 Exhibit(s) 1 - 3 of Hurst Declaration, #5 Exhibit(s) 4 Part 1 to Hurst Declaration, #6 Exhibit(s) 4 Part 2 to Hurst Declaration, #7 Exhibit(s) 5 - 9 to Hurst Declaration, #8 Exhibit(s) 10 - 11 to Hurst Declaration, #9 Affidavit of Edward Noxon, #10 Exhibit(s) 1 Part 1 of Noxon Affidavit, #11 Exhibit(s) 1 Part 2 of Noxon Affidavit, #12 Exhibit(s) 2 of Noxon Affidavit, #13 Affidavit of Bruce Lewis, #14 Exhibit(s) A of Lewis Affidavit, #15 Exhibit(s) B to Lewis Affidavit, #16 Exhibit(s) C to Lewis Affidavit, #17 Exhibit(s) D to Lewis Affidavit, #18 Certificate of Service)(Hurst, William)
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Filing 62
MEMORANDUM-DECISION AND ORDER denying #56 Motion for Reconsideration filed by Heidi Seekamp. Signed by Magistrate Judge David R. Homer on 2/14/2011. (dpk)
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Filing 61
MOTION to Certify Class Motion Hearing set for 3/18/2011 09:30 AM in Albany before Senior Judge Lawrence E. Kahn Response to Motion due by 3/1/2011 Reply to Response to Motion due by 3/7/2011. filed by Heidi Seekamp. (Attachments: #1 Memorandum of Law, #2 Unpublished Authorities, #3 Affidavit of Heidi Seekamp, #4 Exhibit(s) A to Seekamp Aff., #5 Exhibit(s) B to Seekamp Aff., #6 Affidavit of Sergei Lemberg, #7 Exhibit(s) 1 to Lem. Aff., #8 Exhibit(s) 2 to Lem. Aff., #9 Exhibit(s) 3 to Lem. Aff., #10 Exhibit(s) 4 to Lem. Aff., #11 Exhibit(s) 5 to Lem. Aff., #12 Exhibit(s) 6 to Lem. Aff., #13 Exhibit(s) 7 to Lem. Aff., #14 Exhibit(s) 8 to Lem. Aff., #15 Exhibit(s) 9 to Lem. Aff., #16 Exhibit(s) 10 to Lem. Aff.) (Lemberg, Sergei)
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Filing 60
RESPONSE in Opposition re #56 MOTION for Reconsideration re #53 Order on Motion to Supplement Pleadings,, MOTION for Reconsideration re #53 Order on Motion to Supplement Pleadings,, filed by Fuccillo Lincoln Mercury Hyundai, Inc., It's Huge, Inc.. (Attachments: #1 Affidavit Certificate of Service)(Hurst, William)
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Filing 59
ANSWER to #57 Amended Complaint with Affirmative Defenses, CROSSCLAIM against Universal Automotive Services, filed by all defts. (Attachments: #1 Affidavit Certificate of Service)(Hurst, William) Modified on 1/25/2011 to correct cross-deft (cbm ).
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Filing 58
FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Fuccillo Lincoln Mercury Hyundai, Inc., It's Huge, Inc.. (Attachments: #1 Affidavit Certificate of Service)(Hurst, William)
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Filing 57
AMENDED COMPLAINT filed by Heidi Seekamp, adding defts Fuccillo Chrysler Jeep Dodge of Amsterdam, Inc., Fuccillo Ford, Inc., Fuccillo Dodge Chrysler Jeep, Inc., Fuccillo Imports, Inc., Fuccillo Auto World, Inc., Fuccillo Buick Pontiac GMC, Inc., Fuccillo Chevrolet of Nelliston, Inc., Fuccillo Hyundai of Syracuse, Inc., Fuccillo Hyundai of Greece, Inc., Fuccillo Ford of Seneca Falls, Inc., Fuccillo Chevrolet Olds Pontiac Buick, Inc., Fuccillo Chevrolet, Inc., Fuccillo Chrysler of Nelliston, Inc., Fuccillo Enterprises of East Greenbush, Inc., Fuccillo Enterprises, Inc., Fuccillo Ford of East Greenbush, Inc., Fuccillo Ford of Nelliston, Inc. and Fuccillo Pontiac Buick, Inc. (Lemberg, Sergei) Modified on 1/25/2011 to add new defts (cbm ).
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Filing 56
MOTION for Reconsideration re #53 Order on Motion to Supplement Pleadings,, Motion Hearing set for 2/17/2011 09:30 AM in Albany before Magistrate Judge David R. Homer Response to Motion due by 1/31/2011 filed by Heidi Seekamp. (Attachments: #1 Memorandum of Law) (Lemberg, Sergei)
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TEXT ORDER re #54 . Plaintiff has moved for leave to file a motion for reconsideration of this Court's Memorandum-Decision and Order filed December 22, 2010 (Dkt. No. 53). See Dkt. No. 54. Defendants have responded in opposition. Dkt. No. 55. Permission to file a motion for reconsideration is not required under the local rules and be filed at any time within the period permitted by N.D.N.Y.L.R. 7.1(g). Accordingly, plaintiff's motion (Dkt. No. 54) is DENIED as moot. Signed by Magistrate Judge David R. Homer on 01/03/2011. (lah, )
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Filing 55
LETTER BRIEF in Response and Opposition to Plaintiff's 12/30 Letter Request for Leave to File a Motion for Reconsideration by Fuccillo Lincoln Mercury Hyundai, Inc., It's Huge, Inc.. (Hurst, William)
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Filing 54
Letter Motion from Sergei Lemberg for Heidi Seekamp requesting Reconsideration submitted to Judge Honorable David R. Homer. (Lemberg, Sergei)
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Filing 53
MEMORANDUM-DECISION and ORDER granting #50 Motion to Supplement Pleadings. ORDERED that Seekamp's motion to amend her motion for leave to file an amended complaint to add additional parties to the original motion is GRANTED. Seekamp's #41 motion for leave to file and amended complaint is DENIED as to Count VII (the TILA claim) of the proposed amended complaint and DENIED as to Count VIII (the RICO claim) of the proposed amended complaint and is GRANTED in all other respects. Seekamp shall file the amended complaint on or before 1/7/2011. Signed by Magistrate Judge David R. Homer on 12/22/2010. (dpk, )
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Filing 52
LETTER BRIEF by It's Huge, Inc.. (Attachments: #1 Exhibit(s), #2 Exhibit(s))(Kelly, Matthew)
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Filing 51
LETTER BRIEF by Fuccillo Lincoln Mercury Hyundai, Inc., It's Huge, Inc.. (Kelly, Matthew)
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Filing 50
MOTION to Supplement Pleadings #41 MOTION to Amend/Correct #1 Complaint, MOTION to Amend/Correct #1 Complaint, filed by Heidi Seekamp. Motions referred to David R. Homer. (Lemberg, Sergei)
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Filing 49
NOTICE by Fuccillo Lincoln Mercury Hyundai, Inc., It's Huge, Inc. re #45 Response in Opposition to Motion,,, of post-filing change in status of authority cited in opposing brief (Hurst, William)
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Filing 48
REPLY to Response to Motion re #41 MOTION to Amend/Correct #1 Complaint, MOTION to Amend/Correct #1 Complaint, filed by Heidi Seekamp. (Attachments: #1 Compendium of Unpublished Authorities)(Lemberg, Sergei)
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TEXT ORDER re #46 and #47 . Plaintiff's request for leave to file a Reply to Defendants' Opposition to the Motion to Amend Complaint #41 is GRANTED and plaintiff shall e-file the Reply on or before 10/13/2010 and the reply is limited to 10 double-spaced pages. Signed by Magistrate Judge David R. Homer on 10/06/2010. (lah, )
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Filing 47
LETTER BRIEF by Fuccillo Lincoln Mercury Hyundai, Inc., It's Huge, Inc.. (Kelly, Matthew)
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Filing 46
Letter Motion from Sergei Lemberg for Heidi Seekamp requesting Leave to File a Reply to Defendants' Opposition to Motion to Amend submitted to Judge Homer. (Lemberg, Sergei)
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Filing 45
RESPONSE in Opposition re #41 MOTION to Amend/Correct #1 Complaint, MOTION to Amend/Correct #1 Complaint, filed by Fuccillo Lincoln Mercury Hyundai, Inc., It's Huge, Inc.. (Attachments: #1 Declaration of William A. Hurst, #2 Exhibit(s) 1 to Declaration, #3 Exhibit(s) 2 to Declaration, #4 Exhibit(s) 3 to Declaration, #5 Exhibit(s) 4 to Declaration, #6 Exhibit(s) 5 to Declaration, #7 Exhibit(s) 6 Part 1 to Declaration, #8 Exhibit(s) 6 Part 2 to Declaration, #9 Exhibit(s) 6 Part 3 to Declaration, #10 Exhibit(s) 7 to Declaration, #11 Exhibit(s) 8 to Declaration, #12 Exhibit(s) 9 to Declaration, #13 Appendix of Unpublished Authorities with Attachments 1 - 3, #14 Appendix Unpublished Authorities Attachments 4 - 8, #15 Appendix Unpublished Authorities Attachments 9 - 12, #16 Appendix Unpublished Authorities Attachments 13 - 14, #17 Affidavit Certificate of Service)(Hurst, William)
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Filing 44
ORDER granting #42 Letter Request. ORDERED that plaintiff's request for a 120-day extension of the remaining deadlines is GRANTED and the #27 Uniform Pretrial Scheduling Order filed 4/8/2010 (Dkt. No. 27) is hereby amended as follows: The deadline for completion of discovery is hereby extended to 5/1/2011. The deadline for filing dispositive motions is hereby extended to 8/1/2011. The "Trial Ready" date is hereby extended to 9/1/2011; and the date for commencement of trial is hereby adjourned to 10/17/2011; and the Uniform Pretrial Scheduling Order, as amended, remains in full force and effectin all other respects. Signed by Magistrate Judge David R. Homer on 9/29/2010. (dpk)
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Minute Entry for proceedings held before Magistrate Judge David R. Homer. A Conference was held on 9/27/2010 on-the-record with Sergei Lemberg for plaintiff, and William Hurst and Matthew Kelly for defendants. Plaintiff requested a 120-day extension to the pretrial deadlines. Defendants opposed the request. After argument, the court granted the request. The deadlines will be extended by written order. (lah, )
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Filing 43
RESPONSE TO LETTER BRIEF filed by Fuccillo Lincoln Mercury Hyundai, Inc., It's Huge, Inc. as to #42 Letter Request/Motion filed by Heidi Seekamp. (Attachments: #1 Certificate of Service)(Hurst, William)
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TEXT NOTICE re #42 Letter Motion. A telephone conference will be held with Magistrate Judge David R. Homer on 9/28/2010 at 10:30 AM. Chambers will initiate the conference call. (lah, )
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Filing 42
Letter Motion from Sergei Lemberg for Heidi Seekamp requesting modification of scheduling order and for conference submitted to Judge Homer. (Lemberg, Sergei)
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Filing 41
MOTION to Amend/Correct #1 Complaint, Motion Hearing set for 10/21/2010 09:30 AM in Albany before Magistrate Judge David R. Homer Response to Motion due by 10/4/2010 filed by Heidi Seekamp. (Attachments: #1 Memorandum of Law in Support of Motion, #2 Exhibit(s) A to Memorandum) Motions referred to David R. Homer. (Lemberg, Sergei)
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Minute Entry for proceedings held before Magistrate Judge David R. Homer. A mid-discovery conference was held on 8/31/2010 with William Hurst, counsel for defendants. Hurst advised that discovery is proceeding on schedule. Plaintiff intends on filing a motion to amend to add parties. If plaintiff's motion is granted, additional discovery may be required. (lah, )
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Filing 40
ORDER regarding certain discovery issues decided during the telephone conference between the Court and counsel for all parties on 8/2/2010. Signed by Magistrate Judge David R. Homer on 8/3/2010. (mab)
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Minute Entry for proceedings held re [37-39] before Magistrate Judge David R. Homer. Adiscovery conference was held on 8/2/2010 with Sergei Lemberg for plaintiff and William Hurst for defendants. Discovery issues were decided; plaintiff's request for leave to move to file an amended complaint was granted; and the motion to amend shall be filed on or before 9/1/2010. A written order will be entered. (lah, )
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Filing 39
RESPONSE TO LETTER BRIEF filed by Fuccillo Lincoln Mercury Hyundai, Inc., It's Huge, Inc. as to #37 LETTER BRIEF filed by Heidi Seekamp as to discovery issues with annexed transcript excerpts. (Hurst, William)
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Filing 38
LETTER BRIEF by Heidi Seekamp. (Attachments: #1 Exhibit(s) A)(Lemberg, Sergei)
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CORRECTED TEXT NOTICE. The Telephone Discovery Conference with Magistrate Judge Homer re #37 is set for MONDAY, AUGUST 2, 2010 at 10:30 AM. Chambers will initiate the conference call. (lah, )
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TEXT NOTICE re #37 . A Telephone Discovery Conference will be held with Magistrate Judge David R. Homer on AUGUST 12, 2010 at 10:30 AM. The court will initiate the conference call. (lah, )
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Filing 37
LETTER BRIEF by Heidi Seekamp. (Attachments: #1 Exhibit(s))(Lemberg, Sergei)
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Filing 36
ORDER re Discovery Hearing. Signed by Magistrate Judge David R. Homer on 7/21/2010. (dpk)
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Minute Entry for proceedings held re [32, 33] before Magistrate Judge David R. Homer. A Discovery Hearing was held on-the-record on 7/13/2010 with counsel for all parties. Defendants' requests were granted and denied in part. A written order will be entered. (lah, )
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Filing 35
RESPONSE to Motion re #32 Letter Motion from William A. Hurst for Fuccillo Lincoln Mercury Hyundai, Inc., It's Huge, Inc. requesting consideration of the proposed Stipulated Protective Order and discovery teleconference submitted to Judge David R. Homer filed by Heidi Seekamp. (Lemberg, Sergei)
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Filing 34
ORDER granting #32 Letter Request. Notwithstanding any other provision of this order, documents and things may not be filed under seal with the Clerk of this Court unless such sealing is authorized by a separate order upon an express finding that the documents or things, or portions thereof to be sealed, satisfy the requirements for sealing under Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). Signed by Magistrate Judge David R. Homer on 7/12/2010. (dpk)
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Filing 33
LETTER BRIEF by Fuccillo Lincoln Mercury Hyundai, Inc., It's Huge, Inc.. (Kelly, Matthew)
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Filing 32
Letter Motion from William A. Hurst for Fuccillo Lincoln Mercury Hyundai, Inc., It's Huge, Inc. requesting consideration of the proposed Stipulated Protective Order and discovery teleconference submitted to Judge David R. Homer. (Attachments: #1 Proposed Order/Judgment Stipulated Protective Order)(Hurst, William)
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Filing 31
NOTICE of Appearance by William A. Hurst on behalf of Fuccillo Lincoln Mercury Hyundai, Inc., It's Huge, Inc. (Hurst, William)
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Filing 30
NOTICE of Appearance by Matthew J. Kelly on behalf of Fuccillo Lincoln Mercury Hyundai, Inc., It's Huge, Inc., Universal Automotive Services, Inc. (Kelly, Matthew)
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Filing 29
AMENDED ANSWER to #1 Complaint,, First CROSSCLAIM against Universal Automotive Services, Inc. by Fuccillo Lincoln Mercury Hyundai, Inc., It's Huge, Inc.. (Hurst, William)
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Filing 28
ORDER re #26 Stipulation filed by Fuccillo Automotive Group, Inc. and Fuccillo Lincoln Mercury Hyundai, Inc. Signed by Senior Judge Lawrence E. Kahn on 4/9/2010. (dpk)
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Filing 27
UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial is approximately ten (10) days. Preferred Trial Location is Albany, NY. Joinder of Parties due by 7/1/2010. Amended Pleadings due by 8/1/2010. Discovery due by 12/31/2010. Motions to be filed by 3/31/2011. Trial Ready Deadline is 5/2/2011. Jury Trial set for 6/13/2011 at 9:30 AM in Albany before Senior Judge Lawrence E. Kahn. This action has been OPTED OUT of the District's ADR program. Signed by Magistrate Judge David R. Homer on 4/8/2010. (dpk)
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Filing 26
STIPULATION of Partial Discontinuance and for Substitution of Party-Defendant Submitted on Consent by Fuccillo Automotive Group, Inc., Fuccillo Lincoln Mercury Hyundai, Inc. submitted to Judge Lawrence E. Kahn. (Hurst, William)
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TEXT NOTICE. A Telephone Mid-Discovery Conference will be held with Magistrate Judge David R. Homer on AUGUST 31, 2010 at 10:00 AM. Chambers will initiate the conference call. (lah, )
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Minute Entry for proceedings held before Magistrate Judge David R. Homer. A Rule 16 Conference was held on 4/6/2010 with Sergei Lemberg for plaintiff and William Hurst for defendants. Pretrial deadlines were established and a scheduling order will be entered. The case is opted out of ADR. A telephone mid-discovery status conference will be held on 8/31/2010 at 10:00 a.m. (lah, )
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Filing 25
STATUS REPORT Proposed Discovery Plan by Heidi Seekamp. (Lemberg, Sergei)
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Filing 24
FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Fuccillo Automotive Group, Inc., Fuccillo Lincoln Mercury Hyundai, Inc. identifying Corporate Parent Its Huge, Inc. for Fuccillo Lincoln Mercury Hyundai, Inc... (Hurst, William)
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Filing 23
ANSWER to #1 Complaint, with Affirmative Defenses by Fuccillo Automotive Group, Inc., Fuccillo Lincoln Mercury Hyundai, Inc..(Hurst, William)
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Filing 22
NOTICE of Appearance by Martin Mushkin on behalf of Heidi Seekamp (Mushkin, Martin)
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TEXT NOTICE re #21 . A Telephone Rule 16 Scheduling Conference will be held on April 6, 2010 at 9:30 AM with Magistrate Judge David R. Homer. Chambers will initiate the conference call. A Civil Case Management Plan shall be e-filed on or before 4/2/2010.(lah, )
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Filing 21
Letter Motion from Plaintiff's attorney for Heidi Seekamp requesting initial conference for the purpose of setting a discovery schedule submitted to Judge Homer. (Lemberg, Sergei)
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Filing 20
MEMORANDUM-DECISION AND ORDERED, that Fuccillos Motion to dismiss (Dkt. No. 05) is DENIED; and it is further ORDERED, that Plaintiff file a Motion for certification pursuant to N.D.N.Y. L. R. 23.2. Signed by Senior Judge Lawrence E. Kahn on March 15, 2010. (sas)
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CLERK'S CORRECTION OF DOCKET ENTRY re #1 Complaint. Added Exhibits A & B pursuant to Judge Kahn's #19 Order. (dpk)
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Filing 19
ORDER granting #18 Letter Request. Signed by Senior Judge Lawrence E. Kahn on 6/9/2009. (dpk)
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Filing 18
Letter Motion from Sergei Lemberg for Heidi Seekamp requesting Submission of Exhibits A and B to Complaint submitted to Judge Kahn. (Attachments: #1 Exhibit(s) Exhibit A, #2 Exhibit(s) Exhibit B)(Lemberg, Sergei)
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TEXT ORDER re #16 and #17 . Discovery in this action is STAYED pending decision on the dispositive motion #5 pending before Senior Judge Lawrence E. Kahn. Signed by Magistrate Judge David R. Homer on 05/18/2009. (lah, )
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Filing 17
Letter Motion from Hiscock & Barclay LLP (William A. Hurst, Esq., of Counsel) for Fuccillo Automotive Group, Inc., Fuccillo Lincoln Mercury Hyundai, Inc. requesting consideration of defendants' reply to plaintiff's response to Court's Text Order of May 13, 2009 submitted to Judge David R. Homer, U.S.M.J. (Hurst, William)
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Filing 16
Letter Motion from Sergei Lemberg for Heidi Seekamp requesting Defendants' Request to Stay Discovery be rejected submitted to Judge David R. Homer. (Lemberg, Sergei)
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Filing 15
Letter Motion from Hiscock & Barclay, LLP (William A. Hurst, Esq., of Counsel) for Fuccillo Automotive Group, Inc., Fuccillo Lincoln Mercury Hyundai, Inc. requesting stay of Rule 16 Conference pending decision on Fuccillo's pre-answer motion to dismiss all claims submitted to Judge David R. Homer, U.S.M.J.. (Hurst, William)
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TEXT NOTICE re #2 G.O. 25 Filing Order AND #15 Letter Motion from Hiscock & Barclay, LLP (William A. Hurst, Esq., of Counsel). The Rule 16 Scheduling Conference previously set for 5/26/2009 at 9:00 AM with Magistrate Judge Homer is ADJOURNED WITHOUT DATE pending decision on defendants' dispositive motion pending before Senior Judge Kahn. (lah, )
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Filing 14
REPLY to Response to Motion re #5 MOTION to Dismiss the Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) MOTION to Dismiss the Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) MOTION to Dismiss the Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) Reply Brief in Further Support of #5 Motion to Dismiss the Complaint filed by Fuccillo Automotive Group, Inc., Fuccillo Lincoln Mercury Hyundai, Inc.. (Hurst, William)
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Filing 13
Clerk's ENTRY OF DEFAULT as to Universal Automotive Services, Inc. (dpk)
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Filing 12
RESPONSE in Opposition re #5 MOTION to Dismiss the Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) MOTION to Dismiss the Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) MOTION to Dismiss the Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Heidi Seekamp. (Attachments: #1 Certificate of Service, #2 Compendium of Unpublished Authorities)(Lemberg, Sergei)
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Filing 11
REQUEST FOR ENTRY OF DEFAULT as to Universal Automotive Services, Inc. by Heidi Seekamp. (Attachments: #1 Affidavit)(Lemberg, Sergei)
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Filing 10
NOTICE by Fuccillo Automotive Group, Inc., Fuccillo Lincoln Mercury Hyundai, Inc. re #9 Stipulation and Order Amended Notice of Motion Filed Pursuant to Stipulation So Ordered on March 4, 2009 [DE 9] (Hurst, William)
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Filing 9
STIPULATION AND ORDER re extension time to respond to Motion to Dismiss. Signed by Senior Judge Lawrence E. Kahn on 3/4/2009. (dpk)
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NOTICE of Hearing on Motion re #5 MOTION to Dismiss the Complaint Pursuant to Fed. R. Civ. P. 12(b)(6). Response to Motion due by 4/14/2009. Reply to Response to Motion due by 4/20/2009. Motion Hearing set for 5/1/2009 at 9:30 AM in Albany before Senior Judge Lawrence E. Kahn. (dpk)
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Filing 8
STIPULATION Extending Time to Respond to Motion to Dismiss by Heidi Seekamp, Fuccillo Automotive Group, Inc., Fuccillo Lincoln Mercury Hyundai, Inc. submitted to Judge Lawrence E. Kahn. (Lemberg, Sergei)
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Filing 7
SUMMONS Returned Executed by Heidi Seekamp. Fuccillo Automotive Group, Inc. served on 1/26/2009, answer due 2/17/2009. (Lemberg, Sergei)
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Filing 6
SUMMONS Returned Executed by Heidi Seekamp. Fuccillo Lincoln Mercury Hyundai, Inc. served on 1/26/2009, answer due 2/17/2009. (Lemberg, Sergei)
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Filing 5
MOTION to Dismiss the Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) Motion Hearing set for 3/20/2009 09:30 AM in Albany before Senior Judge Lawrence E. Kahn Response to Motion due by 3/3/2009 Reply to Response to Motion due by 3/9/2009. filed by Fuccillo Automotive Group, Inc., Fuccillo Lincoln Mercury Hyundai, Inc.. (Attachments: #1 Affidavit of John Testone, #2 Exhibit(s) A to Affidavit of John Testone, #3 Exhibit(s) B to Affidavit of John Testone, #4 Exhibit(s) C to Affidavit of John Testone, #5 Memorandum of Law in Support of Motion to Dismiss the Complaint Pursuant to Fed. R. Civ. P. 12(b)(6), #6 Appendix Notice of Filing of Unpublished Authorities) (Hurst, William)
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Filing 4
AFFIDAVIT of Service for Affidavit of Service served on Kathy Willey - Officer of Company on 1/20/2009, filed by Heidi Seekamp. (Lemberg, Sergei)
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Filing 3
Summons Issued as to Fuccillo Automotive Group, Inc., Fuccillo Lincoln Mercury Hyundai, Inc., and Universal Automotive Services, Inc. (Attachments: #1 Summons Issued as to Fuccillo Lincoln Mercury Hyundai, Inc., #2 Summons Issued as to Universal Automotive Services, Inc.)(sg)
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Filing 2
G.O. 25 FILING ORDER ISSUED: Initial Conference set for 5/26/2009 at 9:00 AM in Albany before Magistrate Judge David R. Homer. Civil Case Management Plan due by 5/18/2009. (sg)
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Filing 1
COMPLAINT against Fuccillo Automotive Group, Inc., Fuccillo Lincoln Mercury Hyundai, Inc., and Universal Automotive Services, Inc. (Filing fee paid: $350,receipt number 1192659) filed by Heidi Seekamp. (Attachments: #1 Civil Cover Sheet)(sg) (Additional attachment(s) added on 6/10/2009: #2 Exhibit A, #3 Exhibit B (Auto Theft Security Discount)) (dpk, ).
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