Williams v. Dircksen & Talleyrand Inc
| Williams and Antoinette-Marie Williams |
| Dircksen & Talleyrand Inc and Dircksen & Talleyrand Inc doing business as River Cafe |
| 1:2016cv04945 |
| June 24, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Paul A Engelmayer |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12188 Americans With Disabilities Act - Civil Enforcement Actions |
| None |
Docket Report
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This docket was last retrieved on October 12, 2017. A more recent docket listing may be available from PACER.
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Filing 44
STIPULATION OF DISMISSAL WITH PREJUDICE: Plaintiff and Defendant, through their undersigned attorneys, hereby stipulate to the voluntary dismissal of the above-captioned action with prejudice, and without costs, attorneys' fees, expenses or disbursements to any party as against the other. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 10/12/2017) (anc)
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Filing 43
ORDER OF DISCONTINUANCE... It is ORDERED that the above-entitled action is hereby dismissed and discontinued without costs, and without prejudice to the right to reopen the action within 30 days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed within 30 days of this Order; any application to reopen filed thereafter may be denied solely on that basis. Further, if the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court within the same 30-day period to be "so ordered" by the Court. Per Paragraph 4(C) of the Court's Individual Rules and Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. The Clerk of Court is respectfully directed to close this case. So Ordered. (Signed by Judge Paul A. Engelmayer on 9/1/17) (yv)
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Filing 42
ORDER granting #41 Letter Motion to Adjourn Conference. APPLICATION GRANTED: The Settlement Conference scheduled for Tuesday, September 5, 2017 at 11:30 a.m. is adjourned sine die. Application Granted. (Signed by Magistrate Judge Katharine H. Parker on 9/1/17) (yv)
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| Filing 41 LETTER MOTION to Adjourn Conference Settlement Conference addressed to Magistrate Judge Katharine H. Parker from Andrew Bizer dated 8/31/2017. Document filed by Antoinette-Marie Williams. Return Date set for 9/5/2017 at 11:30 AM.(Bizer, Andrew) |
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Filing 40
ORDER RESCHEDULING SETTLEMENT CONFERENCE, The settlement conference in this matter that is scheduled for Tuesday, September 5, 2017 at 11:00 a.m. in Courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, New York is now rescheduled to 11:30 a.m. Parties must attend in-person with their counsel. Corporate parties must send the person with decision making authority to settle the matter to the conference. The parties are instructed to complete the Settlement Conference Summary Report and prepare pre-conference submissions in accordance with the Judge Parker's Individual Rules of Practice. Pre-conference submissions must be received by the Court no later than August 29, 2017 by 5:00 p.m. SO ORDERED., (Settlement Conference set for 9/5/2017 at 11:30 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 8/9/17) (yv)
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Filing 39
ORDER granting #38 Letter Motion for Extension of Time to Complete Discovery. Granted. Upon the representation that the parties have diligently engaged in discovery to date, have faithfully engaged in productive settlement discussions aided by Judge Parker, and believe that a resolution of this case is a realistic possibility, the Court will extend the discovery deadlines to facilitate further settlement discussions. The Court adopts the schedule proposed above by the parties. As such, the Court extends the deadline to complete fact discovery and depositions to September 26, 2017. The Court also extends the deadline to complete expert discovery to November 10, 2017. Finally, the Court reschedules the case management conference from September 6, 2017, at 3:30 p.m., to Friday, October 27, 2017, at 4:30 p.m. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/18/2017) (anc)
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| Filing 38 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Paul A. Engelmayer from Marc P. Florman and Eric D. Witkin dated 7/18/2017. Document filed by Antoinette-Marie Williams.(Florman, Marc) |
| Set/Reset Deadlines: Depositions due by 9/26/2017. Expert Discovery due by 11/10/2017. Fact Discovery due by 9/26/2017. Set/Reset Hearings: Case Management Conference set for 10/27/2017 at 04:30 PM before Judge Paul A. Engelmayer. (anc) |
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Filing 37
ORDER SCHEDULING SETTLEMENT CONFERENCE: A settlement conference in this matter is scheduled for Tuesday, September 5, 2017 at 11:00 a.m. in Courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, New York. Parties must attend in-person with their counsel. Corporate parties must send the person with decision making authority to settle the matter to the conference. The parties are instructed to complete the Settlement Conference Summary Report and prepare pre-conference submissions in accordance with the Judge Parker's Individual Rules of Practice. Pre-conference submissions must be received by the Court no later than August 29, 2017 by 5:00 p.m. ( Settlement Conference set for 9/5/2017 at 11:00 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 7/17/2017) (mro)
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| Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Telephone Conference held on 7/17/2017. (ca) |
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Filing 36
ORDER SCHEDULING TELEPHONE CONFERENCE, A telephone conference will be held on Monday, July 17, 2017, at 11:00 a.m. to discuss the status of settlement negotiations. Counsel for the parties are directed to call Judge Parker's Chambers at 11:00 a.m. on July 17, 2017 with counsel for all parties on the line. Please dial 212-805-0234. SO ORDERED. (Telephone Conference set for 7/17/2017 at 11:00 AM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 6/14/17) (yv)
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Filing 35
ORDER granting in part and denying in part #33 Letter Motion for Extension of Time to Complete Discovery. Granted in part. Upon the representation that the parties are actively engaged in productive settlement discussions, and having previously approved a 60-day extension of the deadline to complete fact discovery in order to facilitate settlement discussions, the Court will now provide a 30-day extension of the deadline to complete fact discovery. The Court does not contemplate extending this deadline and encourages the parties to continue settlement discussions promptly and diligently. Accordingly, the Court extends the deadline to complete fact discovery to August 9, 2017, which will also serve as the deadline to complete depositions. The Court also extends the deadline to complete expert discovery to September 25, 2017. Finally, the Court also reschedules the case management conference from Tuesday, August 15,2017, at 5 p.m., to Wednesday, September 6, 2017, at 3:30 p.m. Deposition due by 8/9/2017. (Signed by Judge Paul A. Engelmayer on 6/14/2017) (mro)
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| Set/Reset Deadlines: Expert Discovery due by 9/25/2017. Fact Discovery due by 8/9/2017. (mro) |
| Set/Reset Hearings: Case Management Conference set for 9/6/2017 at 03:30 PM before Judge Paul A. Engelmayer. (mro) |
| Filing 34 NOTICE OF APPEARANCE by Ivie A. Guobadia on behalf of Dircksen & Talleyrand Inc. (Guobadia, Ivie) |
| Filing 33 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Paul A. Engelmayer from Eric D. Witkin dated June 13, 2017. Document filed by Dircksen & Talleyrand Inc.(Witkin, Eric) |
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Filing 32
STIPULATED PROTECTIVE ORDER AND FRE 502(D) AND (E) CLAWBACK AGREEMENT/ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Paul A. Engelmayer on 3/28/2017) (ras)
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Filing 31
ORDER granting #30 Letter Motion for Extension of Time to Complete Discovery. Granted. Upon the representation that the parties are engaged in productive settlement discussions and believe a resolution of this case is possible, the Court will extend the deadline to complete discovery by the requested 60 days. Accordingly, the Court extends the deadline for the completion of fact discovery to July 10, 2017, which will also serve as the deadline to complete depositions. (The Court reminds the parties that under paragraph 6 of the Civil Case Management Plan, the parties may modify the internal discovery deadlines by the written consent of all parties, so long as fact discovery is completed by July 10, 2017.) The Court also extends the deadline to complete expert discovery to August 23, 2017. The Court also reschedules the case management conference from Tuesday, July 18, 2017, at 10 a.m., to Tuesday, August 15, 2017, at 5 p.m. Deposition due by 7/10/2017. (Signed by Judge Paul A. Engelmayer on 3/28/2017) (mro)
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| Set/Reset Deadlines: ( Expert Discovery due by 8/23/2017., Fact Discovery due by 7/10/2017.), Set/Reset Hearings:( Case Management Conference set for 8/15/2017 at 05:00 PM before Judge Paul A. Engelmayer.) (mro) |
| ***DELETED DOCUMENT pursuant to instructions from Chambers on 3/28/2017. Deleted document number #33 MEMO ENDORSEMENT as duplicate of entry #31 . The document was incorrectly filed in this case. (ras) |
| Filing 30 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Paul A. Engelmayer from Eric D. Witkin dated March 23, 2017. Document filed by Dircksen & Talleyrand Inc.(Witkin, Eric) |
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Filing 29
ORDER SCHEDULING TELEPHONE CONFERENCE: A status conference call will be held on Thursday, April 13, 2017 at 10:00 a.m. Counsel for the parties are directed to call Judge Parker's Chambers at 10:00 a.m. on April 13, 2017 with counsel for all parties on the line. Please dial 212-805-0234. Telephone Conference set for 4/13/2017 at 10:00 AM before Magistrate Judge Katharine H. Parker. (Signed by Magistrate Judge Katharine H. Parker on 3/23/2017) (ap)
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| Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Telephone Conference held on 3/23/2017. (ca) |
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Filing 28
ORDER SCHEDULING TELEPHONE CONFERENCE: A status conference call will be held on Thursday, March 23, 2017 at 9:30 a.m. Counsel for the parties are directed to call Judge Parker's Chambers at 9:30 a.m. on March 23, 2017 with counsel for all parties on the line. Please dial 212-805-0234. (Telephone Conference set for 3/23/2017 at 09:30 AM before Magistrate Judge Katharine H. Parker.) (Signed by Judge Barrington D. Parker on 2/24/2017) (tro)
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| Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Telephone Conference held on 2/24/2017. (ca) |
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Filing 27
ORDER SCHEDULING TELEPHONE CONFERENCE: The status conference call previously scheduled for Friday, February 24, 2017, at 2:30 p.m., is rescheduled to Friday, February 24, 2017, at 12:00 p.m. Counsel for the parties are directed to call Judge Parkers Chambers at 12:00 p.m., on February 24, 2017, with counsel for all parties on the line. Please dial 212-805-0234.(Telephone Conference set for 2/24/2017 at 12:00 PM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 02/21/2017) (ap)
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| ***DELETED DOCUMENT. Deleted document ORDER SCHEDULING TELEPHONE CONFERENCE. The document was incorrectly filed in this case. (tn) |
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Filing 26
ORDER SCHEDULING TELEPHONE CONFERENCE: A status conference call will be held on Friday, February 24, 2017 at 2:30 p.m. Counsel for the parties are directed to call Judge Parker's Chambers at 2:30 p.m. on February 24, 2017 with counsel for all parties on the line. Please dial 212-805-0234. ( Telephone Conference set for 2/24/2017 at 02:30 PM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 1/27/2017) (mro)
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| Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Telephone Conference held on 1/27/2017. (ca) |
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Filing 25
ORDER SCHEDULING TELEPHONE CONFERENCE: This case has been referred to me for settlement purposes (docket no. 24). A telephone conference will be held on Friday, January 27, 2017 at 10:00 a.m. in advance of a settlement conference. The parties are directed to review Judge Parker's Individual Practices at http://nysd.uscourts.gov/judge/Parker concerning settlement conferences in advance of the call. Counsel for the parties are directed to call Judge Parker's Chambers at 10:00 a.m. on January 27, 2017 with counsel for all parties on the line. Please dial 212-805-0234. Telephone Conference set for 1/27/2017 at 10:00 AM before Magistrate Judge Katharine H. Parker. (Signed by Magistrate Judge Katharine H. Parker on 1/12/2017) (kgo)
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| NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Katharine H. Parker, for Settlement. Magistrate Judge Barbara C. Moses no longer referred to the case. (ad) |
| Magistrate Judge Katharine H. Parker is so designated. (ad) |
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Filing 24
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 Barbara C. Moses. Plaintiff's counsel is to contact the Magistrate Judge's Chambers to schedule a settlement conference when both parties are ready. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 1/11/2017) (ama) Modified on 1/11/2017 (ama).
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Filing 23
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge. This case is not to be tried to a jury. Deposition due by 4/10/2017. Fact Discovery due by 5/10/2017. Expert Discovery due by 6/23/2017. Case Management Conference set for 7/18/2017 at 10:00 AM before Judge Paul A. Engelmayer. Counsel for the parties have conferred and their present best estimate of the length of trial is 2-3 days. (Signed by Judge Paul A. Engelmayer on 1/10/2017) (cla)
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| NOTICE of Hearing: Initial Conference set for 1/10/2017 at 04:30 PM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. The conference previously scheduled for 1/10/2017 at 5:00 PM is hereby rescheduled to 1/10/2017 at 04:30 PM. Notice entered by Courtroom Deputy A.J. Smallman.(ajs) |
| Minute Entry Initial Pretrial Conference held on 1/10/2017. Andrew Bizer present (telephonically) for Plaintiff. Eric Witkin present for Defendants. (ajs) |
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Filing 22
ORDER granting #20 Letter Motion for Conference. Granted. Counsel is directed to set up a conference line for the Court to join at the conference, and, in advance of the conference, to provide the Court with the phone number and passcode, if any. The conference remains set for Tuesday, January 10, 2017, at 5 p.m., but, because the Court will be presiding over a trial next week that may cause the Court slight delay, the Court may begin the conference and join the line between 5 p.m. and 5:15 p.m. (Signed by Judge Paul A. Engelmayer on 1/5/2017) (cf)
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| Filing 21 JOINT LETTER addressed to Judge Paul A. Engelmayer from Andrew Bizer and Eric Witkin dated January 4, 2017 re: Joint Letter and Civil Case Management Plan and Scheduling Order. Document filed by Antoinette-Marie Williams. (Attachments: #1 Exhibit Civil Case Management Plan and Scheduling Order, #2 Exhibit Complaint, #3 Exhibit Answer)(Bizer, Andrew) |
| Filing 20 LETTER MOTION for Conference to appear via telephone addressed to Judge Paul A. Engelmayer from Andrew Bizer dated 1/3/2017. Document filed by Antoinette-Marie Williams.(Bizer, Andrew) |
| Filing 19 ANSWER to #1 Complaint. Document filed by Dircksen & Talleyrand Inc.(Witkin, Eric) |
| Filing 18 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Dircksen & Talleyrand Inc.(Witkin, Eric) |
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Filing 17
ORDER granting #16 Letter Motion for Extension of Time to Answer. Granted. The Court extends the deadline for defendant to respond to the complaint to Monday, December 19, 2016. The Court does not contemplate a further extension of this deadline. The Court encourages the parties to explore settlement promptly and diligently. Additionally, the Court reschedules the initial pretrial conference to Tuesday, January 10, 2017, at 5 p.m. The parties' joint letter and case management plan, detailed in Dkt. 10 and the Court's individual rules, are due by Wednesday, January 4, 2017. SO ORDERED. Dircksen & Talleyrand Inc answer due 12/19/2016. (Signed by Judge Paul A. Engelmayer on 11/17/2016) (kl)
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| Set/Reset Hearings: Initial Conference set for 1/10/2017 at 05:00 PM before Judge Paul A. Engelmayer. (kl) |
| Filing 16 LETTER MOTION for Extension of Time to File Answer , Move or Otherwise Respond to the #1 Complaint addressed to Judge Paul A. Engelmayer from Eric D. Witkin dated November 15, 2016. Document filed by Dircksen & Talleyrand Inc.(Witkin, Eric) |
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Filing 15
ORDER granting #14 Letter Motion for Extension of Time to Answer. Granted. Defendant's response to the complaint is due November 17, 2016. In addition, the Court reschedules the initial pretrial conference to December 9, 2016, at 10:30 a.m. Counsel for plaintiff may appear by telephone. Counsel is directed to call 212-805-0268 to be transferred to the courtroom conference line. Counsel is directed to call from a landline located in a private office. SO ORDERED. Dircksen & Talleyrand Inc answer due 11/17/2016. (Signed by Judge Paul A. Engelmayer on 10/11/2016) (kl)
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| Filing 14 LETTER MOTION for Extension of Time to File Answer , Move or Otherwise Respond to the #1 Complaint addressed to Judge Paul A. Engelmayer from Eric D. Witkin dated October 11, 2016. Document filed by Dircksen & Talleyrand Inc.(Witkin, Eric) |
| Set/Reset Hearings: Initial Conference set for 12/9/2016 at 10:30 AM before Judge Paul A. Engelmayer. (kl) |
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Filing 13
ORDER granting #12 Letter Motion for Conference. Granted. Counsel for plaintiff may appear by telephone at the initial pretrial conference scheduled for October 28, 2016, at 4:30p.m. Counsel is directed to call 212-805-0258 to be transferred to the courtroom conference line. Counsel is directed to call from a landline located in a private office. (Signed by Judge Paul A. Engelmayer on 9/19/2016) (cf)
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| Filing 12 LETTER MOTION for Conference re: #10 Order for Initial Pretrial Conference to attend via telephone addressed to Judge Paul A. Engelmayer from Andrew Bizer dated 9/19/2016. Document filed by Antoinette-Marie Williams.(Bizer, Andrew) |
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Filing 11
ORDER granting #9 Letter Motion for Extension of Time to Answer. Granted. The deadline for defendant to answer or otherwise respond to the complaint is extended to October 17, 2016. SO ORDERED. Dircksen & Talleyrand Inc answer due 10/17/2016. (Signed by Judge Paul A. Engelmayer on 9/13/2016) (kl)
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| Filing 10 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 10/28/2016 at 04:30 PM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. (Signed by Judge Paul A. Engelmayer on 9/13/2016) (kl) |
| Filing 9 LETTER MOTION for Extension of Time to File Answer , Move or Otherwise Respond to the #1 Complaint addressed to Judge Paul A. Engelmayer from Eric D. Witkin dated September 12, 2016. Document filed by Dircksen & Talleyrand Inc.(Witkin, Eric) |
| Filing 8 NOTICE OF APPEARANCE by Eric Douglas Witkin on behalf of Dircksen & Talleyrand Inc. (Witkin, Eric) |
| Filing 7 AFFIDAVIT OF SERVICE. Dircksen & Talleyrand Inc served on 8/26/2016, answer due 9/16/2016. Service was accepted by Nancy Dougherty agent of Secretary of State. Document filed by Antoinette-Marie Williams. (Bizer, Andrew) |
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Filing 6
ORDER granting #5 Motion for Marc P. Florman to Appear Pro Hac Vice. (As further set forth in this Order) (Signed by Judge Paul A. Engelmayer on 7/19/2016) (kl)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #5 MOTION for Marc P Florman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12549479. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 5 MOTION for Marc P Florman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12549479. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Antoinette-Marie Williams. (Attachments: #1 Affidavit, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order)(Florman, Marc) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Dircksen & Talleyrand Inc. (rch) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Andrew David Bizer. The party information for the following party/parties has been modified: River Cafe to Dircksen & Talleyrand Inc. The information for the party/parties has been modified for the following reason/reasons: alias party name was omitted. (rch) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (rch) |
| Magistrate Judge Barbara C. Moses is so designated. (rch) |
| Case Designated ECF. (rch) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Dircksen & Talleyrand, Inc., re: #1 Complaint. Document filed by Antoinette-Marie Williams. (Bizer, Andrew) |
| Filing 2 CIVIL COVER SHEET filed. (Bizer, Andrew) |
| Filing 1 COMPLAINT against Dircksen & Talleyrand Inc. (Filing Fee $ 400.00, Receipt Number 0208-12464876)Document filed by Antoinette-Marie Williams.(Bizer, Andrew) |
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