Corsini v. Bloomberg et al
| Gerard Corsini |
| Elizabeth Morgan, Mayor Michael R. Bloomberg, Police Commissioner Raymond W. Kelly, District Attorney Cyrus R. Vance, Jr., Daniel Garnaas-Holmes, Lisa Delpizzo, Detective Eric Patino, Deputy Inspector Elisa A. Cokkinos, Police Officer Benicie Alezy, Police Officer Victor Colon, Police Officer Jessica Buttacavoli, Sgt. Diana Anitra, The City of New York, Elizabeth Morgan Cary, Jonathan Cary, Daniel J. McKay, Aaron Shmulewitz, Belkin Burden Wenig & Goldman, L.L.P., 1-20 John Does, 1-20 Jane Does, Commissioner Katherine L. Oliver, Commissioner Robert Limandri, Deputy Commissioner John Battista, Anna Wintour, Conde Nast Corp., John Does 1-25 and Jane Does 1-25 |
| 1:2012cv08058 |
| November 5, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Michael H Dolinger |
| Laura Taylor Swain |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 17, 2015. A more recent docket listing may be available from PACER.
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Filing 146
MANDATE of USCA (Certified Copy) as to #125 Notice of Appeal filed by Gerard Corsini, #124 Notice of Appeal, filed by Gerard Corsini USCA Case Number 14-2207. UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED,AND DECREED that the judgment of the district court is AFFIRMED in part and theappeal is DISMISSED in part. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 7/17/2015. (tp)
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Transmission of USCA Mandate/Order to the District Judge re: #146 USCA Mandate. (tp)
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Filing 145
MEMORANDUM ORDER: For the foregoing reasons, the Belkin Defendants are awarded $1000, inclusive of non-taxable costs, which Plaintiff must pay by June 12, 2015. This Memorandum Order resolves docket entry no. 122. SO ORDERED. (See Order.) (Signed by Judge Laura Taylor Swain on 5/19/2015) (ajs)
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Filing 144
MEMO ENDORSEMENT on re: (143 in 1:12-cv-08058-LTS-MHD) Letter, filed by Gerard Corsini, (115 in 1:13-cv-02587-LTS-MHD) Letter, filed by Gerard Corsini. ENDORSEMENT: The request for "judicial notice" of papers filed in the state matter is denied. SO ORDERED. (Signed by Judge Laura Taylor Swain on 11/17/2014) (ajs)
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Filing 143
FIRST LETTER addressed to Judge Laura Taylor Swain from Gerard A. Corsini dated 11/14/2014 re: The Belkin Parties' Objections to Plaintiff's Financial Submission and Their Arguments In Connection Therewith. Document filed by Gerard Corsini.(Corsini, Gerard)
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Filing 142
MEMO ENDORSEMENT on re: #139 Letter, filed by Belkin Burden Wenig & Goldman, L.L.P., Aaron Shmulewitz. ENDORSEMENT: The request is granted. SO ORDERED. (Signed by Judge Laura Taylor Swain on 11/6/2014) (ajs)
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Filing 141
AFFIDAVIT of Gerard Corsini in Opposition re: #75 MOTION for Sanctions against Plaintiff.. Document filed by Gerard Corsini. (Corsini, Gerard)
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Filing 140
SEALED DOCUMENT placed in vault.(nm)
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Filing 139
LETTER addressed to Judge Laura Taylor Swain from David R. Brand dated 10/31/14 re: Defendant's Deadline to Respond to Plaintiff's Financial Affidavit. Document filed by Belkin Burden Wenig & Goldman, L.L.P., Aaron Shmulewitz.(Brand, David)
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Filing 138
LETTER addressed to Judge Laura Taylor Swain from David R. Brand dated October 1, 2014 re: Missing Page 8 in Original Submission. Document filed by Belkin Burden Wenig & Goldman, L.L.P., Aaron Shmulewitz.(Brand, David)
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Filing 137
MEMO ENDORSED ORDER granting in part and denying in part #136 Letter Motion to Reopen Case. ENDORSEMENT: Plaintiff's application for a protective order concerning the financial information that he is required to file under seal is granted. The sealed documents must be kept confidential and disclosed only to personnel of the Belken firm, only on a "need to know" basis. No further use of the information is permitted absent further order of the Court obtained by application on Notice to Plaintiff. Plaintiff's financial submission is due on November 3, 2014. Plaintiff's application for leave to file an affidavit concerning "the facts preventing the amendment of (his) complaint in Bloomberg" is denied, as it is not relevant to any unresolved motion practice. SO ORDERED. (Signed by Judge Laura Taylor Swain on 9/29/2014) (ajs)
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Filing 136
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - SECOND LETTER MOTION to Reopen Case addressed to Judge Laura Taylor Swain from Gerard A. Corsini dated 09/29/2014. Document filed by Gerard Corsini.(Corsini, Gerard) Modified on 10/1/2014 (db).
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Filing 135
LETTER addressed to Judge Laura Taylor Swain from Gerard Corsini dated 9/25/2014 re: Computer has crashed and am without files. Term for filing financial information need not be Nov 3 - October 22 should be sufficient. (ajs)
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Filing 134
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST LETTER MOTION to Reopen Case addressed to Judge Laura Taylor Swain from GERARD ANDREW CORSINI dated 09/24/2014. Document filed by Gerard Corsini. Return Date set for 10/8/2014 at 09:30 AM.(Corsini, Gerard) Modified on 10/1/2014 (db).
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Filing 133
ORDER: As set forth within, Plaintiff is directed to file an affidavit and supporting documentation, by October 8, 2014, detailing Plaintiff's assets, liabilities, income, and expenses. Plaintiff must include copies of Plaintiff's two most recently filed tax returns. Plaintiff's affidavit and exhibits may be filed under seal. The Belkin Defendants must file any response to Plaintiff's affidavit by October 15, 2014. It is further ordered that the Belkin Defendants file with the Court, by October 1, 2014, page 8 of Exhibit 3 to the Declaration in Support of Application for Fees and Costs, detailing billing entries by attorney, which was omitted from their application. SO ORDERED. (See Order.) (Signed by Judge Laura Taylor Swain on 9/24/2014) (ajs)
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Filing 132
ENDORSED LETTER addressed to Judge Laura Taylor Swain from Gerard A. Corsini dated 7/18/2014 re: This is a follow-up to my letter of July 2, 2014, to renew the request/application made therein by me and by me on behalf of Mr. Brand for a further extension of time to file a response to your Order in Brodsky, presently due by July 21, 2014, and to defer a decision on the award, if any, of attorneys' fees in Bloomberg to and including July 31, 2014, so that settlement can be properly documented and presented to the Court. ENDORSEMENT: The requested extension is granted. So ordered. (Signed by Judge Laura Taylor Swain on 7/21/2014) (rjm)
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First Supplemental ROA Sent to USCA (Electronic File). Certified Supplemental Indexed record on Appeal Electronic Files for #131 Endorsed Letter, #129 FIRST LETTER MOTION for Extension of Time addressed to Judge Laura Taylor Swain from Gerard Corsini dated 07/2/2014. LETTER MOTION for Extension of Time to File Response/Reply as to #123 Declaration in Support, addressed to Judge Laura Taylor Swain from Gerard Corsini dated 07/2/2014. filed by Gerard Corsini, #126 Letter, filed by Gerard Corsini, #127 Objection (non-motion) filed by Gerard Corsini, #130 Endorsed Letter, #128 Affidavit in Support filed by Gerard Corsini USCA Case Number 14-0207, were transmitted to the U.S. Court of Appeals. (tp)
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Filing 131
ENDORSED LETTER addressed to Judge Laura Taylor Swain from Gerard A. Corsini dated 7/3/2014 re: Counsel writes this letter as a follow-up to the letter of June 30, 2014, to renew the request/application for an extension of time to file a response to your Order in Brodsky, presently due by July 10, 2014, to and including July 21, 2014. ENDORSEMENT: The requested extension is granted. (Signed by Judge Laura Taylor Swain on 7/3/2014) (tn)
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Filing 130
ENDORSED LETTER addressed to Judge Laura Taylor Swain from Gerard A. Corsini dated 6/30/2014 re: I am authorized by Mr. Brand, counsel for Mr. Shmulewitz and Belkin Burden Wenig & Goldman, LLP ("the Belkin parties") in both of the above-entitled actions, to inform you that we have reached a resolution of all claims in all pending proceedings that will result in the withdrawal of same without prejudice to any of my claims against the other parties and conditioned thereon but with prejudice as to the Belkin parties. Mr. Brand will be out of the office until next week, and asked, as do I, that the Court defer any decision on the matter of attorneys' fees in Bloomberg and extend until July 18, 2014, the required response in Brodsky, presently due on July 10, 2014 (thereby adding the number of days presently left for that response), until we have had an opportunity to document the settlement to assure its objectives and those of the Court as expressed in its recent order in Brodsky, the positions in which I take respectful exception to but which, for all intents and purposes, mandated settlement, and as further requested in this letter. ENDORSEMENT: The requested extensions are granted. So ordered. (Signed by Judge Laura Taylor Swain on 7/2/2014) (rjm)
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Filing 129
FIRST LETTER MOTION for Extension of Time addressed to Judge Laura Taylor Swain from Gerard Corsini dated 07/2/2014., LETTER MOTION for Extension of Time to File Response/Reply as to #123 Declaration in Support, addressed to Judge Laura Taylor Swain from Gerard Corsini dated 07/2/2014.( Return Date set for 6/20/2014 at 11:59 PM.) Document filed by Gerard Corsini.(Corsini, Gerard)
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Filing 128
AFFIDAVIT OF PLAINTIFF IN SUPPORT OF HIS OBJECTIONS & RESPONSE TO BELKIN, BURDEN, WENIG & GOLDMAN'S "SUBMISSION" RE: ATTORNEY'S FEES; re: #127 Objection (non-motion). Document filed by Gerard Corsini. (sc)
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Filing 127
PLAINTIFF'S OBJECTIONS & RESPONSE TO THE "SUBMISSION" OF BELKIN, BURDEN WENIG & GOLDMAN RE: ATTORNEY'S FEES; re: #122 MOTION for Attorney Fees . Document filed by Gerard Corsini. (Attachments: #1 Exhibit)(sc)
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Filing 126
LETTER addressed to Judge Laura Taylor Swain from Gerard A. Corsini, dated 6/23/14 re: PLAINTIFF'S OBJECTIONS, RESPONSE AND AFFIDAVIT IN OPPOSITION TO " FEES" IN GERARD CORSINI V. MICHAEL BLOOMBERG, ET AL. Document filed by Gerard Corsini.(sc)
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Appeal Fee Paid electronically via Pay.gov: for #125 Notice of Appeal. Filing fee $ 505.00. Pay.gov receipt number 0208-9785627, paid on 6/16/2014. (tp)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #125 Notice of Appeal. (tp)
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #125 Notice of Appeal filed by Gerard Corsini were transmitted to the U.S. Court of Appeals. (tp)
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Filing 125
FIRST NOTICE OF APPEAL from #120 Memorandum & Opinion,,, #121 Clerk's Judgment,,,,. Document filed by Gerard Corsini. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Corsini, Gerard)
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Filing 124
FILING ERROR - NO ORDER SELECTED FOR APPEAL - FIRST NOTICE OF APPEAL. Document filed by Gerard Corsini. Filing fee $ 505.00, receipt number 0208-9785627. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Corsini, Gerard) Modified on 6/16/2014 (nd).
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***NOTE TO ATTORNEY REGARDING DEFICIENT APPEAL. Note to Attorney Corsini, Gerard to RE-FILE Document No. #124 Notice of Appeal,. The filing is deficient for the following reason: the Order being appealed was NOT selected. Re-file the document as a Corrected Notice of Appeal event and select the correct Order being appealed. (nd)
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Filing 123
DECLARATION of David R. Brand in Support re: #120 Memorandum & Opinion,,,. Document filed by Belkin Burden Wenig & Goldman, L.L.P., Aaron Shmulewitz. (Attachments: #1 Exhibit 1 (Amended Memorandum Opinion & Order), #2 Exhibit 2 (BBWG Invoices), #3 Exhibit 3 (BBWG fees broken down by attorney), #4 Exhibit 4 (BBWG costs))(Brand, David)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney David Robert Brand to RE-FILE Document #122 MOTION for Attorney Fees .. Use the event type Declaration in Support of Motion found under the event list Replies, Opposition and Supporting Documents. ***REMINDER*** - Motion for Attorney Fees WAS NOT FILED. First file Motion, then file and link any supporting documents. (db)
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Filing 122
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Attorney Fees . Document filed by Belkin Burden Wenig & Goldman, L.L.P., Aaron Shmulewitz. (Attachments: #1 Exhibit 1 (Amended Memorandum Opinion and Order), #2 Exhibit 2 (BBWG invoices), #3 Exhibit 3 (BBWG billing by attorney), #4 Exhibit 4 (costs))(Brand, David) Modified on 6/9/2014 (db).
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Filing 121
CLERK'S JUDGMENT: That for the reasons set forth in the Courts Amended Memorandum Opinion and Order dated May 15, 2014, defendants' motions to dismiss the Amended Complaint are granted and the Amended Complaint is dismissed in its entirety with prejudice; the Belkin Defendants' motion for Rule 11 sanctions is granted to the extent that Plaintiff will be ordered to pay the reasonable attorney's fees and costs that the Belkin Defendants incurred in litigating the motion to dismiss; the Belkin Defendants must file and serve on Plaintiff an application for such fees and costs, with detailed contemporaneous billing records, by June 6, 2014; any objections to the reasonableness of the fees and expenses claimed must be filed by June 20, 2014, Judgment is hereby entered in favor of all Defendants and the case is dismissed; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 5/19/2014) (Attachments: #1 Notice of Right to Appeal)(dt)
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Transmission to Docket Assistant Clerk. Transmitted re: #121 Clerk's Judgment, to the Docket Assistant Clerk for case processing. (dt)
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Mailed notice of Right to Appeal re: #121 Clerk's Judgment, to Pro Se Litigant(s): Gerard Corsini 433 W. 21st St. Apt. 9A New York, NY 10011 (nt)
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Filing 120
AMENDED MEMORANDUM OPINION AND ORDER. Each of Plaintiff's claims in the Amended Complaint is dismissed in its entirety with prejudice. The Belkin Defendants' motion for Rule 11 sanctions is granted to the extent that Plaintiff will be ordered to pay the reasonable attorney's fees and costs that the Belkin Defendants incurred in litigating the motion to dismiss. The Belkin Defendants must file and serve on Plaintiff an application for such fees and costs, with detailed contemporaneous billing records, by June 6, 2014. Any objections to the reasonableness of the fees and expenses claimed must be filed by June 20, 2014. This Order resolves docket entry numbers 39, 49, 53, 72, 75, 78, 81, 84, and 95. The Clerk of the Court is directed to enter judgment in favor of all Defendants, dismissing this case. (Signed by Judge Laura Taylor Swain on 5/15/2014) Copies Mailed By Chambers. (rjm)
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Filing 119
MEMORANDUM OPINION AND ORDER. Each of Plaintiff's claims in the Amended Complaint is dismissed in its entirety with prejudice. The Belkin Defendants' motion for Rule 11 sanctions is granted to the extent that Plaintiff will be ordered to pay the reasonable attorney's fees and costs that the Belkin Defendants incurred in litigating the motion to dismiss. The Belkin Defendants must file and serve on Plaintiff an application for such fees and costs, with detailed contemporaneous billing records, by June 6, 2014. Any objections to the reasonableness of the fees and expenses claimed must be filed by June 20, 2014. This Order resolves docket entry numbers 39, 49, 53,72, 75, 78, 81, 84, and 95. The Clerk of the Court is directed to enter judgment in favor of all Defendants, dismissing this case. re: #75 MOTION for Sanctions against Plaintiff filed by Belkin Burden Wenig & Goldman, L.L.P., Aaron Shmulewitz, #95 MOTION to Dismiss Complaint pursuant to FRCP 12(b)(6) filed by Anna Wintour, Conde Nast Corp., #72 FIRST MOTION for Judgment on the Pleadings filed by Belkin Burden Wenig & Goldman, L.L.P., Aaron Shmulewitz, #78 MOTION to Dismiss filed by Daniel J. McKay, Jonathan Cary, Elizabeth Morgan, #81 FIRST MOTION to Dismiss pursuant to 12(b)(6) filed by Daniel Garnaas-Holmes, Cyrus R. Vance, Jr., Lisa Delpizzo, #84 MOTION to Dismiss the Amended Complaint and Motion for Sanctions filed by Elisa A. Cokkinos, Diana Anitra, Benicie Alezy, Raymond W. Kelly, Jessica Buttacavoli, The City of New York, Michael R. Bloomberg, Victor Colon, Eric Patino. (Signed by Judge Laura Taylor Swain on 5/14/2014) (rjm)
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Transmission to Judgments and Orders Clerk. Transmitted re: #119 Memorandum & Opinion to the Judgments and Orders Clerk. (rjm)
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Filing 118
ENDORSED LETTER addressed to Judge Laura Taylor Swain from Gerard A. Corsini dated 3/20/2014 re: Submission of courtesy copies. ENDORSEMENT: Courtesy copies of all future filings must be provided. So ordered. (Signed by Judge Laura Taylor Swain on 3/31/2014) (rjm).
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Filing 117
ORDER. Defendants filed three motions to dismiss the original filed complaint in this case prior to Plaintiff's filing the amended complaint on June 10, 2013. (Docket entry nos. 39, 49, and 53.) These motions are denied as moot. Each of the defendants have since filed a motion to dismiss the amended complaint, and these motions remain sub judice. This order resolves docket entry numbers 39, 49, and 53. Denying as moot #39 Motion to Dismiss; Denying as moot #49 Motion to Dismiss for Lack of Jurisdiction; Denying as moot #49 Motion to Dismiss; Denying as moot #53 Motion to Dismiss. (Signed by Judge Laura Taylor Swain on 3/31/2014) Copies Mailed By Chambers. (rjm)
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Filing 116
REPLY MEMORANDUM OF LAW in Support re: #78 MOTION to Dismiss.. Document filed by Jonathan Cary, Daniel J. McKay, Elizabeth Morgan. (Arnone, Eric)
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Filing 115
REPLY MEMORANDUM OF LAW in Support re: #84 MOTION to Dismiss the Amended Complaint and Motion for Sanctions.. Document filed by Benicie Alezy, Diana Anitra, John Battista, Michael R. Bloomberg, Jessica Buttacavoli, Elisa A. Cokkinos, Victor Colon, Raymond W. Kelly, Robert Limandri, Katherine L. Oliver, Eric Patino, The City of New York. (Attachments: #1 Exhibit K, #2 Affidavit of service by mail)(Moe, Alison)
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Filing 114
REPLY AFFIDAVIT of Christina Ante in Support re: #81 FIRST MOTION to Dismiss pursuant to 12(b)(6).. Document filed by Lisa Delpizzo, Daniel Garnaas-Holmes, Cyrus R. Vance, Jr. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Ante, Christina)
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Filing 113
FIRST REPLY MEMORANDUM OF LAW in Support re: #81 FIRST MOTION to Dismiss pursuant to 12(b)(6).. Document filed by Lisa Delpizzo, Daniel Garnaas-Holmes, Cyrus R. Vance, Jr. (Ante, Christina)
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Filing 112
REPLY AFFIRMATION of David R. Brand in Support re: #75 MOTION for Sanctions against Plaintiff.. Document filed by Belkin Burden Wenig & Goldman, L.L.P., Aaron Shmulewitz. (Attachments: #1 Exhibit F)(Brand, David)
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Filing 111
REPLY MEMORANDUM OF LAW in Support re: #75 MOTION for Sanctions against Plaintiff.. Document filed by Belkin Burden Wenig & Goldman, L.L.P., Aaron Shmulewitz. (Brand, David)
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Filing 110
REPLY AFFIRMATION of David R. Brand in Support re: #72 FIRST MOTION for Judgment on the Pleadings.. Document filed by Belkin Burden Wenig & Goldman, L.L.P., Aaron Shmulewitz. (Attachments: #1 Exhibit H, #2 Exhibit I, #3 Exhibit J)(Brand, David)
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Filing 109
REPLY MEMORANDUM OF LAW in Support re: #72 FIRST MOTION for Judgment on the Pleadings.. Document filed by Belkin Burden Wenig & Goldman, L.L.P., Aaron Shmulewitz. (Brand, David)
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Filing 108
REPLY AFFIRMATION of David R. Brand in Support re: #95 MOTION to Dismiss Complaint pursuant to FRCP 12(b)(6).. Document filed by Conde Nast Corp., Anna Wintour. (Attachments: #1 Exhibit 4)(Brand, David)
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Filing 107
REPLY MEMORANDUM OF LAW in Support re: #95 MOTION to Dismiss Complaint pursuant to FRCP 12(b)(6).. Document filed by Conde Nast Corp., Anna Wintour. (Brand, David)
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Filing 103
LETTER addressed to the Court, from Gerald Corsini, dated 2/19/2014 re: All counsel received all of the opposition papers yesterday by e-mail. The Pro Se Office informed me that the problem was most likely with the scanner settings... If an affidavit of service yesterday is required, I would appreciate your letting me know. Document filed by Gerard Corsini.(ja)
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Filing 106
PLAINTIFF'S OPPOSITION TO THE MOTION OF THE CITY DEFENDANTS TO DISMISS AND FOR SANCTIONS; & MEMORANDUM IN SUPPORT THEREOF; OBJECTIONS TO EXHIBITS OFFERED THAT ARE NOT COMPLETE; re: #53 MOTION to Dismiss. Document filed by Gerard Corsini. (sc)
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Filing 105
PLAINTIFF'S OPPOSITION TO ALL MOTIONS OF THE DEFENDANTS OTHER THAN THE CITY DEFENDANTS TO DISMISS AND/OR FOR SANCTIONS; & MEMORANDUM IN SUPPORT THEREOF re: #49 MOTION to Dismiss for Lack of Jurisdiction, #75 MOTION for Sanctions against Plaintiff, #95 MOTION to Dismiss Complaint pursuant to FRCP 12(b)(6), #87 MOTION for Sanctions, #39 FIRST MOTION to Dismiss Notice, #78 MOTION to Dismiss, #81 FIRST MOTION to Dismiss pursuant to 12(b)(6). Document filed by Gerard Corsini. (sc)
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Filing 104
PLAINTIFF'S AFFIDAVIT IN OPPOSITION TO ALL MOTIONS OF THE DEFENDANTS TO DISMISS & FOR SANCTIONS; re: #49 MOTION to Dismiss for Lack of Jurisdiction, #75 MOTION for Sanctions against Plaintiff, #95 MOTION to Dismiss Complaint pursuant to FRCP 12(b)(6), #87 MOTION for Sanctions, #39 FIRST MOTION to Dismiss Notice, #53 MOTION to Dismiss, #78 MOTION to Dismiss, #81 FIRST MOTION to Dismiss pursuant to 12(b)(6), #84 MOTION to Dismiss the Amended Complaint and Motion for Sanctions. Document filed by Gerard Corsini. (sc)
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Filing 102
ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from Gerard A. Corsini dated 2/11/2014 re: Based upon the above, I respectfully request that the Court endorse the following adjusted briefing schedule: Plaintiff's opposition papers due: February 18, 2014; All defendants' reply papers due: March 4,2014. ENDORSEMENT: Without adopting plaintiff's proffered diagnosis, we grant this request, but none will be granted him hereafter., ( Responses due by 2/18/2014, Replies due by 3/4/2014.) (Signed by Magistrate Judge Michael H. Dolinger on 2/11/2014) (ama)
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Filing 101
ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from Gerard A. Corsini dated 1/27/2014 re: Based upon the above, I respectfully request that the Court endorse the following adjusted briefing schedule: 12 Civ. 8058 (LTS) (MHD: Plaintiff's opposition papers due: February 11, 2014; All defendants' reply papers due: February 25, 2014. 13 Civ. 2587 (LTS)(MHD): Defendants' responses to the complaint due: February 11, 2014. ENDORSEMENT: We grant the requested extensions but the parties should assume that these are the final extensions. (Signed by Magistrate Judge Michael H. Dolinger on 1/28/2014) (ama)
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Set/Reset Deadlines: Responses due by 2/11/2014 Replies due by 2/25/2014. (ama)
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Filing 100
ORDER: On pro se plaintiff's application, which we grant in part, the deadline for his opposition to the pending motions to dismiss is extended to JANUARY 28, 2014. The defendants' replies are due by FEBRUARY 11, 2014. (Responses due by 1/28/2014, Replies due by 2/11/2014.) (Signed by Magistrate Judge Michael H. Dolinger on 12/26/2013) Copies Sent By Chambers. (rsh)
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Filing 99
ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger, from Gerard A. Corsini, dated 10/9/2013, re: request, with the agreement of all counsel, who have motions pending or responses due, a further extension of my time to file responses to motions to dismiss in 12 CV 8058, presently due November 12, 2013, to and including January 7, 2014, with replies due by defendants on January 21, 2014. Also, I wish to inform you that I have agreed to extensions to and including January 7, 2014, for responses to the complaint in 13 CV 2587 and would request on behalf of those defendants who have not yet filed responses that you grant those extensions as well. ENDORSEMENT: Application granted. (Signed by Magistrate Judge Michael H. Dolinger on 10/9/2013) (ja)
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Set/Reset Deadlines: Responses due by 1/7/2014. Replies due by 1/21/2014. (ja)
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Filing 98
ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from Gerard A. Corsini dated 9/17/2013 re: I am writing to respectfully request, with the agreement of all counsel, an extension of my time to file responses to motions to dismiss in 12 CV 8058, presently due September 23, 2013, to and including November 12, 2013, with replies due by defendants on November 26, 2013. Also, I wish to inform you that I have agreed to extensions to and including November 12, 2013, for responses to the complaint in 13 CV 2587 and would request on behalf of defendants that you grant those extensions as well. ENDORSEMENT: Application granted. (Signed by Magistrate Judge Michael H. Dolinger on 9/19/2013) (lmb)
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Set/Reset Deadlines: Responses due by 11/12/2013. Replies due by 11/26/2013. (lmb)
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Filing 97
MEMORANDUM OF LAW in Support re: #95 MOTION to Dismiss Complaint pursuant to FRCP 12(b)(6).. Document filed by Conde Nast Corp., Anna Wintour. (Brand, David)
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Filing 96
DECLARATION of David R. Brand in Support re: #95 MOTION to Dismiss Complaint pursuant to FRCP 12(b)(6).. Document filed by Conde Nast Corp., Anna Wintour. (Attachments: #1 Exhibit 1, #2 Exhibit 1A, #3 Exhibit 2, #4 Exhibit 3)(Brand, David)
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Filing 95
MOTION to Dismiss Complaint pursuant to FRCP 12(b)(6). Document filed by Conde Nast Corp., Anna Wintour. Responses due by 9/23/2013(Brand, David)
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Filing 94
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Advance Publications, Inc., Corporate Parent Advance Magazine Publishers, Inc., Corporate Parent The Patriot-News Co. for Conde Nast Corp.. Document filed by Conde Nast Corp..(Brand, David)
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Filing 93
AMENDED SUMMONS RETURNED EXECUTED. Summons and Amended Complaint served. Conde Nast Corp. served on 7/17/2013, answer due 8/7/2013. Service was accepted by Patricia Clark, authorized to accept service of process for Conde Nast. Document filed by Gerard Corsini. (sc) Modified on 8/21/2013 (sac).
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Filing 92
AMENDED SUMMONS RETURNED EXECUTED. Summons and Amended Complaint served. Anna Wintour served on 6/17/2013, answer due 7/8/2013. Service was accepted by Patricia Clark, authorized to accept service of process for Anna Wintour. Document filed by Gerard Corsini. (sc) Modified on 8/15/2013 (sc).
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Filing 91
ENDORSED LETTER addressed to Judge Laura Taylor Swain from Muriel Goode-Trufant, Morgan Kunz and Alison G. Moe dated 8/9/2013 re: This office respectfully requests that the Court exercise its inherent authority and issue an order to show cause why this case should not be dismissed as a sanction for Plaintiffs misconduct. ENDORSEMENT: The request for an order to show cause is denied. The foregoing issues have been raised in the motion to dismiss and will be considered in due course. The parties are reminded that they are not obliged to accept communications by e-mail. (Signed by Judge Laura Taylor Swain on 8/13/2013) Copies Mailed By Chambers. (ft) Modified on 9/30/2013 (lan).
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Filing 89
MEMO ENDORSEMENT on NOTICE OF MOTION FOR SANCTIONS PURSUANT TO FRCP RULE 11. ENDORSEMENT: Motion denied for failure to comply with Fed. R. Civ. P. 7(b)(B), 11(c)(2) and S.D.N.Y. Civil Rules 7.1(a)(2)-(3). Denying #87 Motion for Sanctions. (Signed by Magistrate Judge Michael H. Dolinger on 8/6/2013) Copies Sent By Chambers via Fax, Mail and Email. (rjm)
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Filing 88
ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from Gerard A. Corsini dated 8/6/2013 re: I am writing to respectfully request, with the agreement of all counsel of record, an extension of my time to file responses to motions to dismiss in 12 CV 8058, presently due August 22, 2013, to and including September 23, 2013, with replies due by defendants on October 7, 2013. Also, I wish to inform you that I have agreed to extensions to and including October 7, 2013, for responses to the complaint in 13 CV 2587 and would request on behalf of defendants that you grant those extensions as well. ENDORSEMENT: Application granted. (Responses due by 9/23/2013. Replies due by 10/7/2013.) (Signed by Magistrate Judge Michael H. Dolinger on 8/6/2013) (rjm) Modified on 8/7/2013 (rjm).
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Filing 87
MOTION for Sanctions. Document filed by Jonathan Cary, Daniel J. McKay, Elizabeth Morgan. Return Date set for 8/15/2013 at 09:30 AM.(Arnone, Eric)
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Filing 86
MEMORANDUM OF LAW in Support re: #84 MOTION to Dismiss the Amended Complaint and Motion for Sanctions.. Document filed by Benicie Alezy, Diana Anitra, Michael R. Bloomberg, Jessica Buttacavoli, Elisa A. Cokkinos, Victor Colon, Raymond W. Kelly, Eric Patino, The City of New York. (Moe, Alison)
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Filing 85
DECLARATION of Alison G. Moe in Support re: #84 MOTION to Dismiss the Amended Complaint and Motion for Sanctions.. Document filed by Benicie Alezy, Diana Anitra, Michael R. Bloomberg, Jessica Buttacavoli, Elisa A. Cokkinos, Victor Colon, Raymond W. Kelly, Eric Patino, The City of New York, Cyrus R. Vance, Jr. (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(1), #9 Exhibit H(2), #10 Exhibit I, #11 Exhibit J, #12 Affidavit of service)(Moe, Alison)
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Filing 84
MOTION to Dismiss the Amended Complaint and Motion for Sanctions. Document filed by Benicie Alezy, Diana Anitra, Michael R. Bloomberg, Jessica Buttacavoli, Elisa A. Cokkinos, Victor Colon, Raymond W. Kelly, Eric Patino, The City of New York. Responses due by 8/22/2013(Moe, Alison)
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Filing 83
SECOND MEMORANDUM OF LAW in Support re: #81 FIRST MOTION to Dismiss pursuant to 12(b)(6). Dismiss Amended Complaint. Document filed by Lisa Delpizzo, Daniel Garnaas-Holmes, Cyrus R. Vance, Jr. (Ante, Christina)
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Filing 82
DECLARATION of Christina Ante in Support re: #81 FIRST MOTION to Dismiss pursuant to 12(b)(6).. Document filed by Lisa Delpizzo, Daniel Garnaas-Holmes, Cyrus R. Vance, Jr. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Ante, Christina)
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Filing 81
FIRST MOTION to Dismiss pursuant to 12(b)(6). Document filed by Lisa Delpizzo, Daniel Garnaas-Holmes, Cyrus R. Vance, Jr.(Ante, Christina)
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Filing 80
MEMORANDUM OF LAW in Support re: #78 MOTION to Dismiss.. Document filed by Jonathan Cary, Daniel J. McKay, Elizabeth Morgan. (Arnone, Eric)
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Filing 79
DECLARATION of Eric M. Arnone in Support re: #78 MOTION to Dismiss.. Document filed by Belkin Burden Wenig & Goldman, L.L.P., Jonathan Cary, Daniel J. McKay, Elizabeth Morgan. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Arnone, Eric)
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Filing 78
MOTION to Dismiss. Document filed by Jonathan Cary, Daniel J. McKay, Elizabeth Morgan. Responses due by 8/22/2013(Arnone, Eric)
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Filing 77
DECLARATION of David R. Brand in Support re: #75 MOTION for Sanctions against Plaintiff.. Document filed by Belkin Burden Wenig & Goldman, L.L.P., Aaron Shmulewitz. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Brand, David)
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Filing 76
MEMORANDUM OF LAW in Support re: #75 MOTION for Sanctions against Plaintiff.. Document filed by Belkin Burden Wenig & Goldman, L.L.P., Aaron Shmulewitz. (Brand, David)
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Filing 75
MOTION for Sanctions against Plaintiff. Document filed by Belkin Burden Wenig & Goldman, L.L.P., Aaron Shmulewitz.(Brand, David)
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Filing 74
DECLARATION of David R. Brand in Support re: #72 FIRST MOTION for Judgment on the Pleadings.. Document filed by Belkin Burden Wenig & Goldman, L.L.P., Aaron Shmulewitz. (Attachments: #1 Exhibit A, #2 Exhibit Exhibits to Complaint, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(Brand, David)
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Filing 73
MEMORANDUM OF LAW in Support re: #72 FIRST MOTION for Judgment on the Pleadings.. Document filed by Belkin Burden Wenig & Goldman, L.L.P., Aaron Shmulewitz. (Brand, David)
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Filing 72
FIRST MOTION for Judgment on the Pleadings. Document filed by Belkin Burden Wenig & Goldman, L.L.P., Aaron Shmulewitz. Responses due by 8/22/2013(Brand, David)
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Filing 71
ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from David R. Brand dated 6/13/2013 re: BBWG and Mr. Shmulewitz have decided to withdraw the cross-claims asserted in its answer dated 5/14/2013 (docket entry #45) against defendant Jonathan Cary, Daniel J. McKay, Elizabeth Morgan. As a result, Mr. Cary's, Mr. McKay's and Ms. Morgan's motion to dismiss BBWG's and Mr. Shmulewitz's cross-claims is moot and need not be decided by the Court. ENDORSEMENT: The motion (docket entry no 58) is terminated as moot. (Signed by Judge Laura Taylor Swain on 7/1/2013) (tro)
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Filing 70
ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from Gerard A. Corsini dated 6/28/2013 re: I am writing to respectfully object and take exception to this Court's endorsed order permitting a briefing schedule that was unilaterally arranged in deliberate violation of Judge Swain's rules and with a deliberate failure to consult with me about, much less inform me of, the basis of the motions at issue not to mention dates convenient to all parties, including this pro se party. ENDORSEMENT: If this is deemed a motion for reargument, it is denied. Plaintiff is of course free, on a proper showing, to seek adjustment of schedules set by the court. (Signed by Magistrate Judge Michael H. Dolinger on 6/28/2013) Copies Sent By Chambers via fax, mail and email. (rjm)
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Filing 69
ORDER. It is hereby ORDERED that the parties are to refrain from contacting chambers by telephone. If the parties wish to contact chambers, they are to do so in writing. (Signed by Magistrate Judge Michael H. Dolinger on 6/28/2013) Copies Sent By Chambers. (rjm)
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Filing 68
ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from Alison G. Moe dated 6/26/2013 re: Defendants propose the following briefing schedule, to apply to motions to be separately filed by all defendants: Motions Filed: July 22, 2013. Plaintiff's Opposition Due: August 22, 2013. Reply Due: September 5, 2013. ENDORSEMENT: Application granted. (Motions due by 7/22/2013. Responses due by 8/22/2013. Replies due by 9/5/2013.) (Signed by Magistrate Judge Michael H. Dolinger on 6/27/2013) (rjm)
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Filing 67
NOTICE OF FED. R. CIV. P. 5 WAIVER OF PAPER SERVICE The following parties, Benicie Alezy, Diana Anitra, Michael R. Bloomberg, Jessica Buttacavoli, Elisa A. Cokkinos, Victor Colon, Raymond W. Kelly, Eric Patino, The City of New York, through their counsel, Alison Gainfort Moe, agree to waive paper service under Rule 5 of the Federal Rules of Civil Procedure and to rely solely on service by the Court's Notice of Electronic Filing, pursuant to Rule 9.3 of the Court's ECF Rules & Instructions. Document filed by Alison Gainfort Moe on behalf of Benicie Alezy, Diana Anitra, Michael R. Bloomberg, Jessica Buttacavoli, Elisa A. Cokkinos, Victor Colon, Raymond W. Kelly, Eric Patino, The City of New York (Moe, Alison)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Alison Gainfort Moe to RE-FILE Document #63 Waiver. Use the event type Request for Waiver of Service found under the event list Service of Process. (ka)
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AMENDED SUMMONS ISSUED as to John Battista, Conde Nast Corp., Robert Limandri, Katherine L. Oliver, Anna Wintour. (sac)
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Filing 66
AMENDED COMPLAINT amending #1 Complaint against All Defendants with JURY DEMAND.Document filed by Gerard Corsini. Related document: #1 Complaint, filed by Gerard Corsini. (sac) (Main Document 66 replaced on 6/11/2013) (sac). Modified on 6/11/2013 (sac). (Additional attachment(s) added on 6/11/2013: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8) (sac).
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Filing 65
NOTICE OF FED. R. CIV. P. 5 WAIVER OF PAPER SERVICE The following parties, Lisa Delpizzo, Daniel Garnaas-Holmes, Cyrus R. Vance, Jr, through their counsel, Christina Frances Ante, agree to waive paper service under Rule 5 of the Federal Rules of Civil Procedure and to rely solely on service by the Court's Notice of Electronic Filing, pursuant to Rule 9.3 of the Court's ECF Rules & Instructions. Document filed by Christina Frances Ante on behalf of Lisa Delpizzo, Daniel Garnaas-Holmes, Cyrus R. Vance, Jr (Ante, Christina)
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Filing 64
NOTICE OF FED. R. CIV. P. 5 WAIVER OF PAPER SERVICE The following parties, Belkin Burden Wenig & Goldman, L.L.P., Aaron Shmulewitz, through their counsel, David Robert Brand, agree to waive paper service under Rule 5 of the Federal Rules of Civil Procedure and to rely solely on service by the Court's Notice of Electronic Filing, pursuant to Rule 9.3 of the Court's ECF Rules & Instructions. Document filed by David Robert Brand on behalf of Belkin Burden Wenig & Goldman, L.L.P., Aaron Shmulewitz (Brand, David)
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Filing 63
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - WAIVER re: of Paper Service Pursuant to Fed. R. Civ. P. 5. Document filed by Benicie Alezy, Diana Anitra, Michael R. Bloomberg, Jessica Buttacavoli, Elisa A. Cokkinos, Victor Colon, Lisa Delpizzo, Raymond W. Kelly, Eric Patino, The City of New York.(Moe, Alison) Modified on 6/11/2013 (ka).
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Filing 62
ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from Gerard A. Corsini dated 6/6/2013 re: This letter is sent to respectfully request a brief extension until Monday to file my amended complaint, otherwise due tomorrow. ENDORSEMENT: Application granted. (Signed by Magistrate Judge Michael H. Dolinger on 6/6/2013). (rjm)
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Filing 61
ANSWER to #45 Crossclaim. Document filed by Benicie Alezy, Diana Anitra, Michael R. Bloomberg, Jessica Buttacavoli, Elisa A. Cokkinos, Victor Colon, Raymond W. Kelly, Eric Patino, The City of New York.(Moe, Alison)
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Filing 60
FIRST MEMORANDUM OF LAW in Support re: #58 MOTION to Dismiss Cross-claims.. Document filed by Jonathan Cary, Daniel J. McKay, Elizabeth Morgan. (Arnone, Eric)
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Filing 59
DECLARATION of Eric M. Arnone in Support re: #58 MOTION to Dismiss Cross-claims.. Document filed by Jonathan Cary, Daniel J. McKay, Elizabeth Morgan. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Arnone, Eric)
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Filing 58
MOTION to Dismiss Cross-claims. Document filed by Jonathan Cary, Daniel J. McKay, Elizabeth Morgan.(Arnone, Eric)
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Filing 57
ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from Eric M. Arnone dated 6/3/2013 re: I respectfully request that the time by which defendants Elizabeth Morgan, Jonathan Cary and Daniel J. McKay answer cross-claims made by defendants Aaron Shmulewitz and Belkin Burden Wenig and Goldman, LLP, or make a motion which has the effect of extending the time to answer, be extended from June 3, 2013, to July 18, 2013. ENDORSEMENT: Application denied in the absence of any explanation or justification for the requested 6-week adjournment. Counsel may renew his request on a proper showing, if he can make one. (Signed by Magistrate Judge Michael H. Dolinger on 6/3/2013) Copies Faxed By Chambers. (lmb)
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Filing 56
NOTICE of Pursuant to Local Civil Rule 12.1 re: #55 Memorandum of Law in Support of Motion, #53 MOTION to Dismiss.. Document filed by Benicie Alezy, Diana Anitra, Michael R. Bloomberg, Jessica Buttacavoli, Elisa A. Cokkinos, Victor Colon, Raymond W. Kelly, Eric Patino, The City of New York. (Attachments: #1 Affidavit of service)(Moe, Alison)
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Filing 55
MEMORANDUM OF LAW in Support re: #53 MOTION to Dismiss.. Document filed by Benicie Alezy, Diana Anitra, Michael R. Bloomberg, Jessica Buttacavoli, Elisa A. Cokkinos, Victor Colon, Raymond W. Kelly, Eric Patino, The City of New York. (Moe, Alison)
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Filing 54
DECLARATION of Alison G. Moe in Support re: #53 MOTION to Dismiss.. Document filed by Benicie Alezy, Diana Anitra, Michael R. Bloomberg, Jessica Buttacavoli, Elisa A. Cokkinos, Victor Colon, Raymond W. Kelly, Eric Patino, The City of New York. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Moe, Alison)
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Filing 53
MOTION to Dismiss. Document filed by Benicie Alezy, Diana Anitra, Michael R. Bloomberg, Jessica Buttacavoli, Elisa A. Cokkinos, Victor Colon, Raymond W. Kelly, Eric Patino, The City of New York. Responses due by 6/17/2013(Moe, Alison)
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Filing 52
DECLARATION of Eric M. Arnone in Support re: #49 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Jonathan Cary, Daniel J. McKay, Elizabeth Morgan. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Arnone, Eric)
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Filing 51
MEMORANDUM OF LAW in Support re: #49 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Jonathan Cary, Daniel J. McKay, Elizabeth Morgan. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Arnone, Eric)
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Filing 50
DECLARATION of Eric M. Arnone in Support re: #49 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Jonathan Cary, Daniel J. McKay, Elizabeth Morgan. (Arnone, Eric)
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Filing 49
MOTION to Dismiss for Lack of Jurisdiction., MOTION to Dismiss.( Responses due by 6/17/2013) Document filed by Jonathan Cary, Daniel J. McKay, Elizabeth Morgan.(Arnone, Eric)
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Filing 48
FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: #46 MOTION to Dismiss for Lack of Jurisdiction. Document filed by Jonathan Cary, Daniel J. McKay, Elizabeth Morgan. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Arnone, Eric) Modified on 5/16/2013 (db).
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Filing 47
FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Eric M. Arnone in Support re: #46 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Jonathan Cary, Daniel J. McKay, Elizabeth Morgan. (Arnone, Eric) Modified on 5/16/2013 (db).
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Eric Michael Arnone to RE-FILE Document #47 Declaration in Support of Motion, #48 Memorandum of Law in Support of Motion. ERROR(S): Documents linked to filing error. (db)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Eric Michael Arnone to RE-FILE Document #46 MOTION to Dismiss for Lack of Jurisdiction. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion and Memorandum of Law in Support of Motion are both found under the event list Replies, Opposition and Supporting Documents. (ldi)
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Filing 46
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss for Lack of Jurisdiction., MOTION to Dismiss.( Responses due by 6/17/2013) Document filed by Jonathan Cary, Daniel J. McKay, Elizabeth Morgan. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Arnone, Eric) Modified on 5/16/2013 (ldi).
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Filing 45
ANSWER to #1 Complaint,., CROSSCLAIM against Jessica Buttacavoli, Jane Does, Eric Patino, Daniel J. McKay, Michael R. Bloomberg, The City of New York, Jonathan Cary, Lisa Delpizzo, Raymond W. Kelly, Benicie Alezy, Diana Anitra, John Does, Elizabeth Morgan, Elisa A. Cokkinos, Cyrus R. Vance, Jr, Victor Colon, Daniel Garnaas-Holmes., COUNTERCLAIM against Gerard Corsini. Document filed by Aaron Shmulewitz, Belkin Burden Wenig & Goldman, L.L.P..(Brand, David)
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Filing 44
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Belkin Burden Wenig & Goldman, L.L.P., Aaron Shmulewitz.(Brand, David)
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Filing 43
ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from Gerard A. Corsini dated 5/2/2013 re: This letter is sent pursuant to Judge Swain's local rules to inform you that I intend to amend the complaint in the above action. All defense counsel have consented to an extension of my time to amend, or the granting of such other extension to and including June 7, 2013. ENDORSEMENT: Application granted. (Amended Pleadings due by 6/7/2013.) (Signed by Magistrate Judge Michael H. Dolinger on 5/2/2013). (rjm)
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Filing 42
ORDER. Having received the motion to dismiss from defendants Cyrus Vance, Jr., Daniel Garnaas-Holmes, and Lisa Delpizzo, we adopt the following briefing schedule: 1. Plaintiff's opposition to the motion is due no later than JUNE 17, 2013. 2. Defendants' reply is due no later than JULY 1, 2013. (Responses due by 6/17/2013. Replies due by 7/1/2013.) (Signed by Magistrate Judge Michael H. Dolinger on 5/2/2013). Copies Sent By Chambers. (rjm)
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Filing 41
FIRST MEMORANDUM OF LAW in Support re: #39 FIRST MOTION to Dismiss Notice. Pursuant to 12(b)(6). Document filed by Lisa Delpizzo, Daniel Garnaas-Holmes, Cyrus R. Vance, Jr. (Ante, Christina)
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Filing 40
DECLARATION of Christina Ante in Support re: #39 FIRST MOTION to Dismiss Notice.. Document filed by Lisa Delpizzo, Daniel Garnaas-Holmes, Cyrus R. Vance, Jr. (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)(Ante, Christina)
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Filing 39
FIRST MOTION to Dismiss Notice. Document filed by Lisa Delpizzo, Daniel Garnaas-Holmes, Cyrus R. Vance, Jr.(Ante, Christina)
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Filing 38
ORDER. Notwithstanding Judge Swain's April 26, 2013 endorsed order, the following schedule has been established: 1. Defendants Belkin Burden Wenig & Goldman, LLP, Aaron Shmulewitz, Elizabeth Morgan, Jonathan Cary and Daniel J. McKay are to serve and file their answers or otherwise respond to the complaint by MAY 15, 2013. 2. Defendants the City of New York, Mayor Bloomberg, Commissioner Kelly, Deputy Inspector Cokkinos, Officer Alezy, Officer Buttacavoli, Officer Colon, Detective Patino, and Sergeant Anitra are to serve and file their answers or otherwise respond to the complaint by MAY 17, 2013. 3. Plaintiff's oppositions to any motions filed are due no later than JUNE 17, 2013. 4. Replies, if any, are due no later than JULY 1, 2013. Benicie Alezy answer due 5/17/2013; Diana Anitra answer due 5/17/2013; Belkin Burden Wenig & Goldman, L.L.P. answer due 5/15/2013; Michael R. Bloomberg answer due 5/17/2013; Jessica Buttacavoli answer due 5/17/2013; Elisa A. Cokkinos answer due 5/17/2013; Victor Colon answer due 5/17/2013; Raymond W. Kelly answer due 5/17/2013; Eric Patino answer due 5/17/2013; Aaron Shmulewitz answer due 5/15/2013; The City of New York answer due 5/17/2013. (Responses due by 6/17/2013. Replies due by 7/1/2013.) (Signed by Magistrate Judge Michael H. Dolinger on 4/30/2013). Copies Sent By Chambers. (rjm)
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Filing 37
ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from David R. Brand dated 4/25/2013 re: Mr. Shmulewitz and BBWG respectfully request an extension of time from May 1, 2013 to May 31, 2013 to answer or otherwise move in response to the Federal Court Action Complaint. ENDORSEMENT: Application denied. Defendants are to serve and file their response to the complaint by May 15, 2013. (Signed by Magistrate Judge Michael H. Dolinger on 4/26/2013) Copies Sent By Chambers via Fax and via mail and email. (rjm)
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Filing 36
ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from Eric M. Arnone dated 4/25/2013 re: I respectfully request that the time by which defendants Elizabeth Morgan, Jonathan Cary and Daniel J. McKay answer plaintiff's complaint, or make a motion which has the effect of extending the time to answer, be extended from May 1, 2013 to May 15, 2013. ENDORSEMENT: Application granted. (Signed by Magistrate Judge Michael H. Dolinger on 4/26/2013). (rjm)
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Filing 35
ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from Alison G. Moe dated 4/26/2013 re: City defendants write to respectfully request a brief extension, from May 1, 2013, to May 17, 2013, to file a motion to dismiss, and as further requested in this letter. ENDORSEMENT: Application granted. (Motions due by 5/17/2013. Responses due by 6/17/2013. Replies due by 7/1/2013.) (Signed by Magistrate Judge Michael H. Dolinger on 4/26/2013). (rjm)
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Filing 34
ENDORSED LETTER addressed to Judge Laura Taylor Swain from Eric M. Arnone dated 4/24/2013 re: I write this letter to respectfully request that the time by which defendants Elizabeth Morgan, Jonathan Cary and Daniel J. McKay answer plaintiff's complaint, or make a motion which has the effect of extending the time to answer, be extended from May 1, 2013 to May 15, 2013. No previous request for the relief sought herein has previously been made by my clients. I have discussed this matter with plaintiff and he consents to this extension. ENDORSEMENT: The requested extension is granted. Jonathan Cary answer due 5/15/2013; Daniel J. McKay answer due 5/15/2013; Elizabeth Morgan answer due 5/15/2013. (Motions due by 5/15/2013.) (Signed by Judge Laura Taylor Swain on 4/26/2013) (ft)
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Filing 33
ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from Gerard A. Corsini dated 3/22/2013 re: I am writing to follow up on the request for permission to amend the complaint under Rule 15 to add additional parties and claims as referenced in my letter of March 14, 2013, before May 1, 2013, the time by which defendants must respond to the complaint, which will trigger a right to amend as of course but will be after the expiration of the state statute of limitations on an additional false arrest claim. ENDORSEMENT: If plaintiff wishes to seek leave to amend, he is to file a formal motion for such leave, absent consent by all defendants. (Signed by Magistrate Judge Michael H. Dolinger on 3/25/2013). Copies Faxed and Mailed By Chambers. (rjm) Modified on 3/28/2013 (rjm).
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Filing 32
ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from Alison G. Moe dated 3/14/2013 re: Defendants in response to the Court's 3/13/2013 Order, City defendants write to provide the Court with copies of the modified releases signed by Plaintiff, as well as copy of the slip opinion cited in City defendants' 3/13/2013 letter to the Court. ENDORSEMENT: In the interest of clarity and to avoid ambiguity, defendants' counsel is to supply to plaintiff, and he is to execute, without modification, the required releases, and is to return them promptly to counsel. The records released to defendants' counsel are to be used solely for purposes of this litigation. (Signed by Magistrate Judge Michael H. Dolinger on 3/18/2013) Copies Faxed By Chambers. (sac)
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Filing 31
ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from Alison G. Moe dated 3/13/2013 re: City defendants respectfully request that the Court compel Plaintiff to provide 160.50 releases, without provision, unsealing criminal records relating to his April 29, 2011 and November 2, 2011 arrests. ENDORSEMENT: Defendants' counsel is to provide the court with (1) copies of the modified releases and (2) the court decision referred to in footnote 1. Plaintiff is to respond to this letter by March 20, 2013. (Signed by Magistrate Judge Michael H. Dolinger on 3/13/2013). Copies Faxed By Chambers. (rjm)
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Filing 30
ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from Morgan Kunz dated 2/27/2013 re: City defendants respectfully request: (1) that the Court compel Plaintiff to provide releases, pursuant to N.Y. C.P.L. 160.50, unsealing his criminal records related to two of the arrests he puts at issue in this case and as further set forth in this letter. ENDORSEMENT: Plaintiff is to provide to defendants' counsel by March 8, 2013 releases for records pertaining to criminal proceedings that concern events on April 29, 2011 and November 2, 2011. The time of all served defendants to respond to the complaint is extended to May 1, 2013. We expect that all who are involved in this case will comply with NY Rules of Professional Conduct 4.2., Benicie Alezy answer due 5/1/2013; Diana Anitra answer due 5/1/2013; Belkin Burden Wenig & Goldman, L.L.P. answer due 5/1/2013; Michael R. Bloomberg answer due 5/1/2013; Jessica Buttacavoli answer due 5/1/2013; Elisa A. Cokkinos answer due 5/1/2013; Victor Colon answer due 5/1/2013; Lisa Delpizzo answer due 5/1/2013; Daniel Garnaas-Holmes answer due 5/1/2013; Raymond W. Kelly answer due 5/1/2013; Eric Patino answer due 5/1/2013; Aaron Shmulewitz answer due 5/1/2013; The City of New York answer due 5/1/2013; Cyrus R. Vance, Jr answer due 5/1/2013. (Signed by Magistrate Judge Michael H. Dolinger on 3/1/2013) Copies Faxed By Chambers. (lmb)
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Filing 29
ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from Christina Ante dated 2/21/2013 re: I write on behalf of the DA defendants to respectfully request a thirty (30) day enlargement of time, from February 21, 2013 to March 21, 2013, within which defendants may respond to plaintiff's complaint. ENDORSEMENT: Application granted. Lisa Delpizzo answer due 3/21/2013; Daniel Garnaas-Holmes answer due 3/21/2013; Cyrus R. Vance, Jr. answer due 3/21/2013. (Signed by Magistrate Judge Michael H. Dolinger on 2/21/2013). (rjm)
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Filing 28
FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - FIRST MOTION for Extension of Time to File Response/Reply Plaintiff's Complaint. Document filed by Lisa Delpizzo, Daniel Garnaas-Holmes, Cyrus R. Vance, Jr. Return Date set for 3/21/2013 at 05:00 PM.(Ante, Christina) Modified on 2/21/2013 (db).
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***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. #28 HAS BEEN REJECTED. Note to Attorney Christina Frances Ante : 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. (db)
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Filing 21
NOTICE OF APPEARANCE by Eric Michael Arnone on behalf of Daniel J. McKay (Arnone, Eric)
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Filing 20
NOTICE OF APPEARANCE by Eric Michael Arnone on behalf of Jonathan Cary (Arnone, Eric)
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Filing 19
NOTICE OF APPEARANCE by Eric Michael Arnone on behalf of Elizabeth Morgan (Arnone, Eric)
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Filing 27
SUMMONS RETURNED EXECUTED Summons and Complaint, served. Elisa A. Cokkinos served on 2/15/2013, answer due 3/8/2013. Service was accepted by Officer Fields. Document filed by Gerard Corsini. (rdz)
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Filing 26
SUMMONS RETURNED EXECUTED Summons and Complaint, served. Jessica Buttacavoli served on 2/15/2013, answer due 3/8/2013. Service was accepted by Officer Fields. Service was made also by mail. Document filed by Gerard Corsini. (sc)
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Filing 25
SUMMONS RETURNED EXECUTED Summons and Complaint, served. Benicie Alezy served on 2/15/2013, answer due 3/8/2013. Service was accepted by Officer Fields. Service was also made by mail. Document filed by Gerard Corsini. (sc)
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Filing 24
SUMMONS RETURNED EXECUTED Summons and Complaint, served. Eric Patino served on 2/15/2013, answer due 3/8/2013. Service was accepted by Officer Fields. Service was also made by mail. Document filed by Gerard Corsini. (sc)
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Filing 23
SUMMONS RETURNED EXECUTED Summons and Complaint, served. Diana Anitra served on 2/15/2013, answer due 3/8/2013. Service was accepted by Officer Fields. Service was also made by mail. Document filed by Gerard Corsini. (sc)
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Filing 22
SUMMONS RETURNED EXECUTED Summons and Complaint, served. Victor Colon served on 2/15/2013, answer due 3/8/2013. Service was accepted by Officer Fields. Service was also made by mail. Document filed by Gerard Corsini. (sc)
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Filing 18
WAIVER OF SERVICE RETURNED EXECUTED. Belkin Burden Wenig & Goldman, L.L.P. waiver sent on 2/14/2013, answer due 4/15/2013. Document filed by Belkin Burden Wenig & Goldman, L.L.P.. (Brand, David)
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Filing 17
WAIVER OF SERVICE RETURNED EXECUTED. Aaron Shmulewitz waiver sent on 2/14/2013, answer due 4/15/2013. Document filed by Aaron Shmulewitz. (Brand, David)
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Filing 16
NOTICE OF APPEARANCE by David Robert Brand on behalf of Belkin Burden Wenig & Goldman, L.L.P., Aaron Shmulewitz (Brand, David)
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Filing 15
ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from Lisa M. Richardson dated 02/12/2013 re: I write on behalf of defendants City of New York, Mayor Michael Bloomberg and Commissioner Raymond Kelly to respectfully request that a forty-five (45) day enlargement of time, from February 13, 2013 to April 1, 2013, within which defendants may respond to plaintiffs complaint. ENDORSEMENT: Application granted. (Michael R. Bloomberg answer due 4/1/2013; Raymond W. Kelly answer due 4/1/2013; The City of New York answer due 4/1/2013.) (Signed by Magistrate Judge Michael H. Dolinger on 02/13/2013) (jcs)
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Filing 14
MEMO ENDORSEMENT on #5 Motion for Permission for Electronic Case Filing. So Ordered.. (Signed by Magistrate Judge Michael H. Dolinger on 1/30/2013) (ft)
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Filing 13
AFFIDAVIT OF SERVICE of Notice of Appearance served on Gerard Corsini on January 30, 2013. Service was made by Mail. Document filed by Lisa Delpizzo, Daniel Garnaas-Holmes, Cyrus R. Vance, Jr. (Ante, Christina)
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Filing 12
NOTICE OF APPEARANCE by Christina Frances Ante on behalf of Lisa Delpizzo, Daniel Garnaas-Holmes, Cyrus R. Vance, Jr (Ante, Christina)
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Filing 11
AFFIDAVIT OF SERVICE of Summons and Complaint. Daniel Garnaas-Holmes served on 1/23/2013, answer due 2/13/2013. Service was accepted by Mr. Dinitri, employee of the Corporation Counsel of the City of New York. Document filed by Gerard Corsini. (sc)
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Filing 10
AFFIDAVIT OF SERVICE of Summons and Complaint. Lisa Delpizzo served on 1/23/2013, answer due 2/13/2013. Service was accepted by Mr. Dinitri, employee of the Corporation Counsel of the City of New York. Document filed by Gerard Corsini. (sc)
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Filing 9
AFFIDAVIT OF SERVICE of Summons and Complaint. Cyrus R. Vance, Jr. served on 1/23/2013, answer due 2/13/2013. Service was accepted by Mr. Dinitri, employee of the Corporation Counsel of the City of New York. Document filed by Gerard Corsini. (sc)
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Filing 8
AFFIDAVIT OF SERVICE of Summons and Complaint. Michael R. Bloomberg served on 1/23/2013, answer due 2/13/2013. Service was accepted by Mr. Dinitri, employee of the Corporation Counsel of the City of New York. Document filed by Gerard Corsini. (sc)
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Filing 7
AFFIDAVIT OF SERVICE of Summons and Complaint. Raymond W. Kelly served on 1/23/2013, answer due 2/13/2013. Service was accepted by Mr. Dinitri, employee of the Corporation Counsel of the City of New York. Document filed by Gerard Corsini. (sc)
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Filing 6
AFFIDAVIT OF SERVICE of Summons and Complaint. The City of New York served on 1/23/2013, answer due 2/13/2013. Service was accepted by Mr. Dinitri, employee of the Corporation Counsel of the City of New York. Document filed by Gerard Corsini. (sc)
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Filing 5
MOTION FOR PERMISSION FOR ELECTRONIC CASE FILING. Document filed by Gerard Corsini.(sc)
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Filing 4
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Michael H. Dolinger. (Signed by Judge Laura Taylor Swain on 12/14/2012) Copies Mailed By Chambers(cd)
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Filing 2
Pro Se Acknowledgment Letter Mailed: Pro Se acknowledgment letter mailed to the plaintiff via USPS to the address noted on the Complaint on 11/19/12. (mro)
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FEE PAID FRCP 4 (Service Package Hand-Delivered) to plaintiff at the Pro Se Service Counter on 9/7/2012. The service package included: an original summons, copies of the summons, change of address postcards, Judge's individual rules, instructions on how to file a motion and opposition, instructions on filing an amended complaint, application for counsel, a consent to proceed before a Magistrate Judge, and affirmation of service forms. (sac)
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Filing 1
COMPLAINT against Benicie Alezy, Diana Anitra, Belkin Burden Wenig & Goldman, L.L.P., Michael R. Bloomberg, Jessica Buttacavoli, Jonathan Cary, Elisa A. Cokkinos, Victor Colon, Lisa Delpizzo, Jane Does, John Does, Daniel Garnaas-Holmes, Raymond W. Kelly, Daniel J. McKay, Elizabeth Morgan, Eric Patino, Aaron Shmulewitz, The City of New York, Cyrus R. Vance, Jr. (Filing Fee $ 350.00, Receipt Number 1052135)Document filed by Gerard Corsini.(laq) (laq).
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SUMMONS ISSUED as to Benicie Alezy, Diana Anitra, Belkin Burden Wenig & Goldman, L.L.P., Michael R. Bloomberg, Jessica Buttacavoli, Jonathan Cary, Elisa A. Cokkinos, Victor Colon, Lisa Delpizzo, Jane Does, John Does, Daniel Garnaas-Holmes, Raymond W. Kelly, Daniel J. McKay, Elizabeth Morgan, Eric Patino, Aaron Shmulewitz, The City of New York, Cyrus R. Vance, Jr. (laq)
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Magistrate Judge Michael H. Dolinger is so designated. (laq)
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Case Designated ECF. (laq)
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