Melgar et al. v. MDO Development Corporation et al
| Samir Elmajboub individually and on behalf of all others persons similarly situated who were employed by MDO Development Corporation d/b/a The Water Club and/or Michael O'Keeffe, Edwin Melgar individually and on behalf of all others persons similarly situated who were employed by MDO Development Corporation d/b/a The Water Club and/or Michael O'Keeffe, Armando Rivera, Mario Alonso, Pedro Martinez, John Miner, Cheung Hoi Chan, Christopher Gutierrez, Danny Tsui, Christopher Weitzman, Jamal Elharraoui, Wing Wong Li, Elhoucine Mellouki, Miguel Rodriguez, Gonzalo Curbelo, Alfred Herman and All Plaintiffs |
| MDO Development Corporation doing business as The Water Club, Michael O'Keeffe and Other Entities affiliated or controlled by MDO Development Corporation and/or Michael O'Keeffe |
| 1:2012cv05239 |
| July 5, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Naomi Reice Buchwald |
| Labor: Fair Standards |
| 29 U.S.C. § 206 FLSA: Minimum Wage |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 20, 2015. A more recent docket listing may be available from PACER.
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Filing 56
ORDER APPROVING SETTLEMENT AND DISMISSING ACTION WITH PREJUDICE. IT IS HEREBY ORDERED that the parties are directed to effectuate the settlement; and IT IS FURTHER ORDERED that Plaintiffs' Complaint and any and all claims that were or could have been asserted in this action are hereby discontinued and dismissed, with prejudice, with each party to bear its own costs, expenses, disbursements and attorneys' fees, and as further set forth. (Signed by Judge Naomi Reice Buchwald on 5/20/2015) (rjm)
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| Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Fairness Hearing held on 5/13/2015. (Harris, Karen) |
| Filing 55 NOTICE of Withdrawal re: #38 Consent to Become Party Plaintiff. Document filed by Christopher Gutierrez. (Miller, Kara) |
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Filing 54
MEMO ENDORSEMENT on re: #53 JOINT LETTER addressed to Judge Naomi Reice Buchwald from Kara S. Miller dated 3/23/2015 re: Settlement. Document filed by All Plaintiffs. ENDORSEMENT: A hearing will be held on May 13, 2015 at 3:45 p.m. So ordered. (Fairness Hearing set for 5/13/2015 at 03:45 PM before Judge Naomi Reice Buchwald.) (Signed by Judge Naomi Reice Buchwald on 4/1/2015) (rjm)
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| Filing 53 JOINT LETTER addressed to Judge Naomi Reice Buchwald from Kara S. Miller dated 3/23/2015 re: Settlement. Document filed by All Plaintiffs.(Miller, Kara) |
| Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Settlement Conference held via telephone on 3/10/2015. (aba) |
| Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Settlement Conference held via telephone on 3/2/2015. Telephone conference, with Plaintiff's side only, scheduled for 3/10/15 at 11:00 a.m. (aba) |
| Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Settlement Conference held on 2/23/2015. Telephone conference scheduled for 3/2/15 at 4:00 p.m. (aba) |
| Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Settlement Conference held via telephone on 2/3/2015. Settlement conference scheduled for 2/23/15 at 10:00 a.m. (aba) |
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Filing 52
ORDER granting #50 Letter Motion for Extension of Time. SO ORDERED.(Signed by Judge Naomi Reice Buchwald on 1/20/2015) (ama)
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Filing 51
ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Debra C. Freeman. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 1/20/2015) (ama)
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| Filing 50 LETTER MOTION for Extension of Time for Defendants to serve their motion for summary judgment and for Plaintiffs to file their motion for class certification addressed to Judge Naomi Reice Buchwald from Sarah E. Moss dated 01/15/2015. Document filed by MDO Development Corporation, Michael O'Keeffe.(Moss, Sarah) |
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Filing 49
ORDER granting #48 Letter Motion for Extension of Time. So Ordered So Ordered (Motions due by 2/13/2015.) (Signed by Judge Naomi Reice Buchwald on 10/31/2014) (kgo)
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| Filing 48 JOINT LETTER MOTION for Extension of Time addressed to Judge Naomi Reice Buchwald from Kara S. Miller dated 10/29/2014. Document filed by All Plaintiffs.(Miller, Kara) |
| Filing 47 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE FLSA. Document filed by Alfred Herman. (Attachments: #1 Exhibit A)(Ambinder, Lloyd) |
| Filing 46 NOTICE OF CHANGE OF ADDRESS by Suzanne Brooke Leeds on behalf of All Plaintiffs. New Address: Virginia & Ambinder LLP, 40 Broad St, 7th floor, New York, NY, US 10004, 2129439080. (Leeds, Suzanne) |
| Filing 45 NOTICE OF CHANGE OF ADDRESS by Lloyd Robert Ambinder on behalf of All Plaintiffs. New Address: Virginia & Ambinder LLP, 40 Broad St, 7th floor, New York, NY, US 10004, 2129439080. (Ambinder, Lloyd) |
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Filing 44
MEMO ENDORSEMENT on re: #43 Status Report filed by All Plaintiffs. ENDORSEMENT: Application granted. No further extensions. So ordered. ( Discovery due by 10/30/2014.) (Signed by Judge Naomi Reice Buchwald on 5/22/2014) (mro)
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| Filing 43 STATUS REPORT. Document filed by All Plaintiffs.(Leeds, Suzanne) |
| Filing 42 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE FLSA. Document filed by Gonzalo Curbelo. (Attachments: #1 Exhibit A)(Ambinder, Lloyd) |
| Filing 41 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE FLSA. Document filed by Miguel Rodriguez. (Attachments: #1 Exhibit A)(Ambinder, Lloyd) |
| Filing 40 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE FLSA. Document filed by Jamal Elharraoui, Wing Wong Li, Elhoucine Mellouki. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Ambinder, Lloyd) |
| Filing 39 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE FLSA. Document filed by Danny Tsui, Christopher Weitzman. (Attachments: #1 Exhibit A, #2 Exhibit B)(Ambinder, Lloyd) |
| Filing 38 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE FLSA. Document filed by Cheung Hoi Chan, Christopher Gutierrez. (Attachments: #1 Exhibit A, #2 Exhibit B)(Ambinder, Lloyd) |
| Filing 37 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE FLSA. Document filed by John Miner. (Attachments: #1 Exhibit A)(Ambinder, Lloyd) |
| Filing 36 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE FLSA. Document filed by Mario Alonso. (Attachments: #1 Exhibit A)(Ambinder, Lloyd) |
| Filing 35 NOTICE OF APPEARANCE by Suzanne Brooke Leeds on behalf of All Plaintiffs. (Leeds, Suzanne) |
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Filing 34
PUBLICATION ORDER: On or before thirty (30) days after entry of this Order, the Plaintiffs or their designated representatives shall cause a copy of the Notice of Lawsuit Form ("Notice") and Consent to Join Form ("Consent Form") to be mailed by first class mail to the following listed herein. The Court approves the form of Notice and Consent Form, and finds that the mailing of such Notice substantially in the manner and form set forth in paragraph 2 of this Order will constitute the best notice practicable under the circumstances to members of the Class. (Signed by Judge Naomi Reice Buchwald on 1/17/2014) (ft)
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Filing 33
CORRECTING MEMORANDUM: In this Court's Memorandum and Order of December 11, 2013, the due date listed on the final page for the parties' submission of their proposed notice of lawsuit should read January 15, 2014. (Signed by Judge Naomi Reice Buchwald on 12/12/2013) Copies Mailed By Chambers(cd)
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Filing 32
MEMORANDUM AND ORDER granting #23 Motion to Certify Class. For the foregoing reasons, plaintiff's motion (Dkt. 23) is granted insofar as this Court authorizes conditional certification and some form of notice pursuant to 29 U.S.C. 216 (b). The parties are hereby ordered to confer and submit a proposed form of notice of lawsuit to the Court by January 15, 2013. (Signed by Judge Naomi Reice Buchwald on 12/11/2013) Copies Mailed By Chambers. (ft) Modified on 12/11/2013 (ft).
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| Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Oral Argument held on 11/25/2013 re: #23 MOTION to Certify Class Conditional Certification and Notice Pursuant to 29 U.S.C. 216(b). filed by Pedro Martinez, Edwin Melgar, Samir Elmajboub, Armando Rivera, Mario Alonso. (sc) |
| Filing 31 REPLY AFFIRMATION of Kara Miller, Esq. in Support re: #23 MOTION to Certify Class Conditional Certification and Notice Pursuant to 29 U.S.C. 216(b).. Document filed by All Plaintiffs. (Attachments: #1 Exhibit A)(Miller, Kara) |
| Filing 30 REPLY MEMORANDUM OF LAW in Support re: #23 MOTION to Certify Class Conditional Certification and Notice Pursuant to 29 U.S.C. 216(b).. Document filed by All Plaintiffs. (Miller, Kara) |
| Filing 29 CERTIFICATE OF SERVICE of Defendant's Memorandum of Law in Opposition to Plaintiff's Motion for Conditional Certification and Declaration of Sarah E. Moss in Opposition to Plaintiff's Motion for Conditional Certification with Exhibits served on Virgina & Ambinder, LLP on July 26, 2013. Document filed by MDO Development Corporation, Michael O'Keeffe, Other Entities affiliated or controlled by MDO Development Corporation and/or Michael O'Keeffe. (Moss, Sarah) |
| Filing 28 DECLARATION of Sarah E. Moss in Opposition re: #23 MOTION to Certify Class Conditional Certification and Notice Pursuant to 29 U.S.C. 216(b).. Document filed by MDO Development Corporation, Michael O'Keeffe, Other Entities affiliated or controlled by MDO Development Corporation and/or Michael O'Keeffe. (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, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S)(Moss, Sarah) |
| Filing 27 MEMORANDUM OF LAW in Opposition re: #23 MOTION to Certify Class Conditional Certification and Notice Pursuant to 29 U.S.C. 216(b).. Document filed by MDO Development Corporation, Michael O'Keeffe, Other Entities affiliated or controlled by MDO Development Corporation and/or Michael O'Keeffe. (Moss, Sarah) |
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Filing 26
SCHEDULING ORDER #2: 1. Responses to Plaintiffs' supplemental document demands to be served by April 1, 2013. 2. Depositions of the Named Plaintiffs, Opt-in Plaintiffs, Corporate Representative(s), Named Defendant, and alleged managers to be completed by June 10, 2013. 3. Plaintiffs to file motion for conditional certification pursuant to 29 U.S.C. 216(b) by June 28, 2013. Defendants' opposition due by July 26, 2013. Plaintiffs' reply due by August 9, 2013. 4. Defendants agree to extend tolling of claims pursuant to the FLSA for the putative collective until July 5, 2013. 5. Parties to meet and confer within 2 weeks after the decision on Plaintiffs' motion for conditional certification regarding Plaintiffs' anticipated motion for certification of the class. 6. Both parties are entitled to additional discovery in the event the collective and/or class is certified. (Signed by Judge Naomi Reice Buchwald on 7/24/2013) (mro)
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| Filing 25 DECLARATION of Kara Miller in Support re: #23 MOTION to Certify Class Conditional Certification and Notice Pursuant to 29 U.S.C. 216(b).. Document filed by Mario Alonso, Samir Elmajboub, Pedro Martinez, Edwin Melgar, Armando Rivera. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Miller, Kara) |
| Filing 24 MEMORANDUM OF LAW in Support re: #23 MOTION to Certify Class Conditional Certification and Notice Pursuant to 29 U.S.C. 216(b).. Document filed by Mario Alonso, Samir Elmajboub, Pedro Martinez, Edwin Melgar, Armando Rivera. (Miller, Kara) |
| Filing 23 MOTION to Certify Class Conditional Certification and Notice Pursuant to 29 U.S.C. 216(b). Document filed by Mario Alonso, Samir Elmajboub, Pedro Martinez, Edwin Melgar, Armando Rivera. Responses due by 7/19/2013(Miller, Kara) |
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Filing 22
JOINT SCHEDULING ORDER: that depositions of the Named Plaintiffs, Opt-in Plaintiffs, Corporate Representative(s), Named Defendant, and alleged managers to be completed by June 10, 2013. Plaintiffs to file motion for conditional certification pursuant to 29 U.S.C. 216(b) by June 28, 2013. Defendants' opposition due by July 19, 2013. Plaintiffs' reply due by August 2, 2013. (Motions due by 6/28/2013. Responses due by 7/19/2013 Replies due by 8/2/2013. Deposition due by 6/10/2013.) (Signed by Judge Naomi Reice Buchwald on 3/15/2013) (pl)
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| Filing 21 ANSWER to #19 Amended Complaint,. Document filed by MDO Development Corporation, Michael O'Keeffe.(Benson, Craig) |
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Filing 20
JOINT DISCOVERY ORDER: Both parties will exchange formal response to document and interrogatory demands by February 1, 2013; Depositions of the Named Plaintiffs, Opt-in Plaintiffs, Corporate Representative(s), Named Defendant, and alleged managers to be completed by April 10, 2013; Plaintiffs to file motion for conditional certification pursuant to 29 U.S.C. Sec. 216(b) by May 3, 2013. Defendants' opposition due by May 24, 2013. Plaintiffs' reply due by June 7, 2013. Defendants agree to extend tolling of claims pursuant to the FLSA for the putative collective until May 3, 2013. Parties to meet and confer within 2 weeks after the decision on Plaintiffs' motion for conditional certification regarding Plaintiffs' anticipated motion for Rule 23 class certification. Both parties shall be entitled to additional discovery in the event the collective and/or class is certified. ( Deposition due by 4/10/2013. Motions due by 5/3/2013. Responses due by 5/24/2013, Replies due by 6/7/2013.) (Signed by Judge Naomi Reice Buchwald on 1/18/2013) (ja)
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| Filing 19 AMENDED COMPLAINT against MDO Development Corporation, Michael O'Keeffe, Other Entities affiliated or controlled by MDO Development Corporation and/or Michael O'Keeffe with JURY DEMAND. Document filed by Edwin Melgar, Samir Elmajboub.(djc) (djc). |
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Filing 18
JOINT DISCOVERY ORDER: 1. Initial disclosures have been served by both parties. 2. Formal document and interrogatory demands to be served by November 16, 2012. 3. In lieu of formal responses to document and interrogatory demands, the parties have agreed to limited pre-certification discovery, including an exchange of paper documents. This limited paper discovery is to be exchanged by December 14, 2012. 4. Parties shall meet and confer regarding settlement by January 11, 2013. 5. Parties to submit a status letter to the Court by January 16, 2013. (Signed by Judge Naomi Reice Buchwald on 11/20/2012) (mro) Modified on 11/27/2012 (mro).
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| Filing 17 RULE 26 DISCLOSURE.Document filed by MDO Development Corporation, Michael O'Keeffe.(Benson, Craig) |
| Filing 16 RULE 26 DISCLOSURE.Document filed by Samir Elmajboub, Edwin Melgar. (Attachments: #1 Exhibit A)(Miller, Kara) |
| Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Initial Pretrial Conference held on 10/10/2012. (cd) |
| ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. #15 HAS BEEN REJECTED. Note to Attorney Kara Sue Miller : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (ldi) |
| Filing 15 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION for Conference request for pre-motion conference. Document filed by Mario Alonso, Samir Elmajboub, Pedro Martinez, Edwin Melgar, Armando Rivera.(Miller, Kara) Modified on 9/25/2012 (ldi). |
| Filing 14 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 10/10/2012 at 02:00 PM in Courtroom 21A at the United States Court House, 500 Pearl Street, New York, NY 10007 before Judge Naomi Reice Buchwald. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel, and counsel must be authorized to settle the case and to make other appropriate stipulations. Plaintiff's counsel is directed to so notify all attorneys in this action by serving upon each of them a copy of this notice. If plaintiff's counsel is unaware of the identity of counsel for any of the parties, counsel must forthwith send a copy of the notice to any such party personally. (Signed by Judge Naomi Reice Buchwald on 9/14/2012) (ft) |
| Filing 13 NOTICE OF APPEARANCE by Sarah Elyse Moss on behalf of MDO Development Corporation, Michael O'Keeffe, Other Entities affiliated or controlled by MDO Development Corporation and/or Michael O'Keeffe (Moss, Sarah) |
| Filing 12 ANSWER to #1 Complaint,. Document filed by MDO Development Corporation, Michael O'Keeffe.(Moss, Sarah) |
| Filing 11 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by MDO Development Corporation, Michael O'Keeffe.(Moss, Sarah) |
| Filing 10 STIPULATION TO EXTEND TIME TO RESPOND TO THE COMPLAINT: IT IS HEREBY STIPULATED AND AGREED that the time for all Defendants to answer, move against, or otherwise respond to the Complaint be extended from August 7, 2012 to September 6, 2012., Samir Elmajboub answer due 9/6/2012; MDO Development Corporation answer due 9/6/2012; Michael O'Keeffe answer due 9/6/2012; Other Entities affiliated or controlled by MDO Development Corporation and/or Michael O'Keeffe answer due 9/6/2012. (Signed by Judge Naomi Reice Buchwald on 7/31/2012) (lmb) |
| Filing 9 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Michael O'Keeffe served on 7/20/2012, answer due 8/10/2012. Service was accepted by JANE SMITH, CO-WORKER. Document filed by Mario Alonso; Edwin Melgar; Pedro Martinez; Armando Rivera; Samir Elmajdoub. (Ambinder, Lloyd) |
| Filing 8 NOTICE OF APPEARANCE by Craig Robert Benson on behalf of MDO Development Corporation, Michael O'Keeffe, Other Entities affiliated or controlled by MDO Development Corporation and/or Michael O'Keeffe (Benson, Craig) |
| Filing 7 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE FLSA. Document filed by Pedro Martinez.(Miller, Kara) |
| Filing 6 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A.. Document filed by Mario Alonso.(Miller, Kara) |
| Filing 5 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE FLSA. Document filed by Armando Rivera.(Miller, Kara) |
| Filing 4 SUMMONS RETURNED EXECUTED. MDO Development Corporation served on 7/12/2012, answer due 8/2/2012. Service was accepted by Chad Matice, clerk. Document filed by Edwin Melgar. (Ambinder, Lloyd) |
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Filing 3
ORDER VACATING DESIGNATION OF CASE FOR INCLUSION IN PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES: WHEREAS, this case was previously designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the "Pilot Project"), it is hereby ORDERED that designation is hereby vacated, and the Clerk of Court shall remove the COMPLEX-CSMGMT flag. (Signed by Judge Naomi Reice Buchwald on 7/11/2012) (mro)
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Filing 2
STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. (Signed by Judge Loretta A. Preska on 10/31/2011) (mro)
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| Filing 1 COMPLAINT against Samir Elmajboub, MDO Development Corporation, Michael O'Keeffe, Other Entities affiliated or controlled by MDO Development Corporation and/or Michael O'Keeffe. (Filing Fee $ 350.00, Receipt Number 1042784)Document filed by Edwin Melgar.(mro) |
| SUMMONS ISSUED as to Samir Elmajboub, MDO Development Corporation, Michael O'Keeffe, Other Entities affiliated or controlled by MDO Development Corporation and/or Michael O'Keeffe. (mro) |
| Case Designated ECF. (mro) |
| Magistrate Judge Debra C. Freeman is so designated. (mro) |
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