Gropper et al v. 160 East 48th Street Owner II LLC
| Gropper and Dan Gropper |
| 160 East 48th Street Owner II LLC and AP & SS Restaurant Group LLC |
| 1:2016cv05377 |
| July 6, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Ronnie Abrams |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12188 |
| Plaintiff |
Docket Report
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Filing 55
ORDER: Accordingly, it is hereby ORDERED that the above-captioned action is discontinued without costs to any party and without prejudice to restoring the action to this Court's docket if the application to restore the action is made within thirty (30) days. Any application to reopen this action must be filed within thirty (30) days of this order, and any application filed thereafter may be denied solely on that basis; and as further set forth herein. The Clerk of Court is respectfully directed to close this case. SO ORDERED. (Signed by Judge Ronnie Abrams on 6/6/2018) (anc)
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| Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Settlement Conference held on 6/4/2018. (rch) |
| Filing 54 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Conference addressed to Magistrate Judge Gabriel W. Gorenstein from Adam Hanski dated 5/30/18. Document filed by Dan Gropper. (Attachments: #1 Text of Proposed Order Proposed Order Authorizing Plaintiff's Counsel to Bring the Personal Electronic Devices Noted on Jun 4, 2018)(Hanski, Adam) Modified on 6/7/2018 (ldi). |
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Filing 53
AMENDED SCHEDULING ORDER granting #52 Letter Motion for Extension of Time to Complete Discovery. All fact discovery is to be completed no later than August 31, 2018. Fact depositions to be concluded by August 31, 2018. All expert discovery, including disclosures, reports, production of underlying documents, and depositions shall be completed by November 30, 2018, with Defendant's expert report due on or before September 30, 2018; Plaintiffs rebuttal and supplemental expert report due on or before October 31, 2018; and expert depositions to be concluded by November 30, 2018. All discovery shall be completed no later than November 30, 2018. The Court will conduct a post fact-discovery conference on September 7, 2018 at 2:45 p.m. The post-discovery conference scheduled for June 8, 2018 is hereby adjourned. The parties have conferred and their present best estimate of the length of trial is 4 to 5 days. (Signed by Judge Ronnie Abrams on 5/14/2018) (ne) Modified on 7/24/2018 (ne).
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| Set/Reset Deadlines: All fact discovery due by 8/31/2018. Fact depositions due by 8/31/2018. All expert discovery, including disclosures, reports, production of underlying documents, and depositions due by 11/30/2018. All discovery due by 11/30/2018. Post-fact discovery Conference set for 9/7/2018 at 02:45 PM before Judge Ronnie Abrams. Unless otherwise ordered by the Court, the joint pretrial order and additional submissions required by Rule 6 of the Court's Individual Rules and Practices shall be due thirty (30) days from the close of discovery, or if any dispositive motion is filed, thirty (30) days from the Court's decision on such motion. This case shall be trial ready sixty (60) days from the close of discovery or the Court's decision on any dispositive motion. (ne) |
| Filing 52 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Ronnie Abrams from Steven C. DePalma, Esq dated May 9, 2018. Document filed by 160 East 48th Street Owner II LLC, AP & SS Restaurant Group LLC. (Attachments: #1 Exhibit Proposed Amended Scheduling Order)(DePalma, Steven) |
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Filing 51
ORDER SCHEDULING SETTLEMENT CONFERENCE: A settlement conference in this matter is scheduled for Monday, June 4, 2018 at 2:30 p.m. in Courtroom 6-B, 500 Pearl Street, New York, New York. All persons attending the conference must arrive at least fifteen minutes beforehand to allow for the time required to pass through the security process. Counsel must read the Court's "Standing Order Applicable to Settlement Conferences Before Judge Gorenstein," which is attached and is incorporated herein by reference. Upon receipt of this Order, each counsel is directed to confirm with all other counsel that they have received a copy of this Order; and as further set forth in this Order. SO ORDERED. (Settlement Conference set for 6/4/2018 at 02:30 PM in Courtroom 6B, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/7/2018) (anc)
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| Filing 50 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven C. DePalma, Esq dated May 7, 2018 re: Settlement Conference Confirmation. Document filed by 160 East 48th Street Owner II LLC, AP & SS Restaurant Group LLC.(DePalma, Steven) |
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Filing 49
AMENDED SCHEDULING ORDER: Fact Deposition due by 5/31/2018. Expert Deposition due by 8/31/2018., Fact Discovery due by 5/31/2018., Expert Discovery due by 8/31/2018., Discovery due by 8/31/2018., Status Conference set for 6/8/2018 at 10:45 AM before Judge Ronnie Abrams., The parties have conferred and their present best estimate of the length of trial is 4 to 5 days. SO ORDERED. Motions terminated: #48 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Ronnie Abrams from Steven C. DePalma dated February 16, 2018. filed by 160 East 48th Street Owner II LLC, AP & SS Restaurant Group LLC. (Signed by Judge Ronnie Abrams on 2/20/2018) (rj) (Main Document 49 replaced on 2/20/2018) (rj).
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| Filing 48 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Ronnie Abrams from Steven C. DePalma dated February 16, 2018. Document filed by 160 East 48th Street Owner II LLC, AP & SS Restaurant Group LLC. (Attachments: #1 Text of Proposed Order # 1 Exhibit Proposed Amended Scheduling Order)(DePalma, Steven) |
| Set/Reset Hearings: Status Conference set for 2/28/2018 at 11:45 AM in Courtroom 1506, 40 Centre Street, New York, NY 10007 before Judge Ronnie Abrams. (arc) |
| Filing 46 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Ronnie Abrams from Steven C. DePalma, Esq. dated November 15, 2017. Document filed by 160 East 48th Street Owner II LLC, AP & SS Restaurant Group LLC. (Attachments: #1 Exhibit Proposed Amended Scheduling Order)(DePalma, Steven) |
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Filing 47
AMENDED SCHEDULING ORDER: Fact Deposition due by 2/28/2018. Expert Deposition due by 5/31/2018., Fact Discovery due by 2/28/2018., Expert Discovery due by 5/31/2018., Discovery due by 5/31/2018., Status Conference set for 5/2/2018 at 04:45 PM before Judge Ronnie Abrams. The parties have conferred and their present best estimate of the length of trial is 4 to 5 days. SO ORDERED. (Signed by Judge Ronnie Abrams on 11/14/2017) (rj)
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Filing 45
AMENDED SCHEDULING ORDER: granting #44 Letter Motion for Extension of Time to Complete Discovery. Fact discovery due by 11/30/2017. Fact deposition due by 11/30/2017. Expert discovery due by 3/23/2018. Deposition due by 3/23/2018. Discovery due by 3/30/2018. Status conference set for 4/6/2018, at 11:00 A.M. Best estimate of the length of trial is 4 to 5 days. (Signed by Judge Ronnie Abrams on 8/9/2017) (ap) Modified on 8/10/2017 (ap).
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| Set/Reset Deadlines: (Deposition due by 3/23/2018. Expert Discovery due by 3/23/2018. Fact Discovery due by 11/30/2017.) Set/Reset Hearings: (Status Conference set for 4/6/2018 at 11:00 AM before Judge Ronnie Abrams.) (ap) |
| Filing 44 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Ronnie Abrams from Steven C. DePalma, Esq. dated August 7, 2017. Document filed by 160 East 48th Street Owner II LLC, AP & SS Restaurant Group LLC. (Attachments: #1 Exhibit Proposed Amended Scheduling Order)(DePalma, Steven) |
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Filing 43
AMENDED SCHEDULING ORDER granting #42 Letter Motion for Extension of Time to Complete Discovery. All fact discovery is to be completed no later than August 11, 2017. All expert discovery, including disclosures, reports, production of underlying documents, and depositions shall be completed by November 22, 2017, with Defendant's expert report due on or before September 18, 2017; Plaintiff's rebuttal and supplemental expert report due on or before October 18, 2017; and expert depositions to be concluded by November 22, 2017. All discovery shall be completed no later than November 22, 2017. The Court will conduct a post-discovery conference on December 1, 2017 at 11:30 A.M. The post-discovery conference scheduled for August 18, 2017 is hereby adjourned. The parties have conferred and their present best estimate of the length of trial is 4 to 5 days. (As further set forth in this Order.) Deposition due by 11/22/2017. Discovery due by 11/22/2017. (Signed by Judge Ronnie Abrams on 5/2/2017) (cf)
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| Set/Reset Deadlines: (Expert Discovery due by 11/22/2017., Fact Discovery due by 8/11/2017.), Set/Reset Hearings:(Status Conference set for 12/1/2017 at 11:30 AM before Judge Ronnie Abrams.) (cf) |
| Filing 42 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Ronnie Abrams from Steven C. DePalma, Esq. dated May 2, 2017. Document filed by 160 East 48th Street Owner II LLC, AP & SS Restaurant Group LLC. (Attachments: #1 Exhibit Proposed Amended Scheduling Order)(DePalma, Steven) |
| Filing 41 ANSWER to #40 Amended Complaint. Document filed by 160 East 48th Street Owner II LLC, AP & SS Restaurant Group LLC.(Spinella, Jack) |
| Filing 40 AMENDED COMPLAINT amending #1 Complaint against 160 East 48th Street Owner II LLC, AP & SS Restaurant Group LLC with JURY DEMAND.Document filed by Dan Gropper. Related document: #1 Complaint filed by Dan Gropper.(Parker, Glen) |
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Filing 39
ORDER granting #38 LETTER MOTION for Leave to File Amended Complaint addressed to Judge Ronnie Abrams from Glen H. Parker, Esq. dated April 7, 2017. Document filed by Dan Gropper. Application granted. So ordered. (Signed by Judge Ronnie Abrams on 4/10/2017) (rjm)
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| Filing 38 LETTER MOTION for Leave to File Amended Complaint addressed to Judge Ronnie Abrams from Glen H. Parker, Esq. dated April 7, 2017. Document filed by Dan Gropper. (Attachments: #1 Exhibit Proposed Amended Complaint)(Parker, Glen) |
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Filing 37
AMENDED SCHEDULING ORDER granting #36 Letter Motion for Extension of Time to Complete Discovery. Fact discovery due by 5/31/2017. Expert Discovery due 8/18/2017. Deposition due by 8/18/2017. Discovery due by 8/18/2017. The Court will conduct a post-discovery conference on August 18, 2017 at 11:30 A.M. The parties have conferred and their present best estimate of the length of trial is 4 to 5 days. (Signed by Judge Ronnie Abrams on 3/16/2017) (cla)
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| Set/Reset Deadlines: ( Expert Discovery due by 8/18/2017., Fact Discovery due by 5/31/2017.), Set/Reset Hearings:( Status Conference set for 8/18/2017 at 11:30 AM before Judge Ronnie Abrams.) (cla) |
| Filing 36 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Ronnie Abrams from Steven C. DePalma, Esq. dated March 15, 2017. Document filed by 160 East 48th Street Owner II LLC, AP & SS Restaurant Group LLC. (Attachments: #1 Exhibit Proposed Amended Scheduling Order)(DePalma, Steven) |
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Filing 35
MEMO ENDORSEMENT: on re: #34 Letter filed by Dan Gropper. ENDORSEMENT: The March 10 Settlement Conference is adjourned sine die. The parties shall write to the Court as soon as convenient regarding their proposal for rescheduling. The parties shall arrange for a meeting of clients/experts as soon as possible. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/08/2017) (ama) Modified on 3/9/2017 (ama).
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| Filing 34 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Adam Hanski dated 3/08/17 re: In-Person Meeting w Experts. Document filed by Dan Gropper.(Hanski, Adam) |
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Filing 33
ORDER denying #32 Letter Motion to Compel for the reasons stated at the telephone conference held today. (HEREBY ORDERED by Magistrate Judge Gabriel W. Gorenstein)(Text Only Order) (GWG)
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| Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Telephone Conference held on 3/8/2017. (sg) |
| Filing 32 LETTER MOTION to Compel 160 East 48th Street Owner II LLC to Attend the Friday, March 7, 2017 Settlement Conference and Opposition to Defendants' Application to excuse the attendance of 160 East 48th Street Owner II LLC (Document No. 30) addressed to Magistrate Judge Gabriel W. Gorenstein from Adam Hanski dated 03/07/2017. Document filed by Dan Gropper.(Hanski, Adam) |
| Filing 31 NOTICE OF APPEARANCE by Adam Saul Hanski on behalf of Dan Gropper. (Hanski, Adam) |
| Filing 30 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven C. DePalma, Esq. dated March 7, 2017 re: Settlement Conference. Document filed by 160 East 48th Street Owner II LLC, AP & SS Restaurant Group LLC.(DePalma, Steven) |
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Filing 29
ORDER granting #28 Letter Motion to Adjourn Conference. Granted. Submissions due March 6, 2017. SO ORDERED. Settlement Conference set for 3/10/2017 at 10:00 AM before Magistrate Judge Gabriel W. Gorenstein. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/02/2017) (ama)
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| Filing 28 LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Gabriel W. Gorenstein from Robert G. Hanski dated February 2, 2017. Document filed by Dan Gropper.(Hanski, Robert) |
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Filing 27
ORDER denying without prejudice #26 Letter Motion to Adjourn Conference for failure to comply with paragraph 8 of the Standing Order Applicable to Settlement Conferences Before Judge Gorenstein (annexed to Docket # 25). (HEREBY ORDERED by Magistrate Judge Gabriel W. Gorenstein)(Text Only Order) (GWG)
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| Filing 26 LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Gabriel W. Gorenstein from Robert G. Hanski dated January 31, 2017. Document filed by Dan Gropper.(Hanski, Robert) |
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Filing 25
ORDER SCHEDULING SETTLEMENT CONFERENCE: A settlement conference in this matter is scheduled for February 3, 2017 at 10:00a.m. in Courtroom 6-B, 500 Pearl Street, New York, New York. All persons attending the conference must arrive at least fifteen minutes beforehand to allow for the time required to pass through the security process. Counsel must read the Court's "Standing Order Applicable to Settlement Conferences Before Judge Gorenstein," which is attached and is incorporated herein by reference. Upon receipt of this Order, each counsel is directed to confirm with all other counsel that they have received a copy of this Order. And as set forth herein. SO ORDERED. Settlement Conference set for 2/3/2017 at 10:00 AM in Courtroom 6B, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/12/2017) (ama)
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Filing 24
ORDER OF REFERENCE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Gabriel W. Gorenstein. (Signed by Judge Ronnie Abrams on 1/11/2017) (cf)
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Filing 23
AMENDED SCHEDULING ORDER: Deposition due by 6/15/2017. Fact Discovery due by 3/31/2017. Expert Discovery due by 6/15/2017. Discovery due by 6/15/2017. Status Conference set for 6/23/2017 at 11:00 AM before Judge Ronnie Abrams. (Signed by Judge Ronnie Abrams on 12/22/2016) (js)
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| Filing 22 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Ronnie Abrams from Steven C. DePalma dated December 20, 2016. Document filed by 160 East 48th Street Owner II LLC, AP & SS Restaurant Group LLC. (Attachments: #1 Exhibit Proposed Amended Scheduling Order)(DePalma, Steven) |
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Filing 21
CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). This case is to be tried to a jury. No additional parties may be joined or amendments to the pleadings may be made after December 23, 2016. All fact discovery is to be completed no later than January 23, 2017. All expert discovery, including disclosures, reports, production of underlying documents,and depositions shall be completed by March 9, 2017. All discovery shall be completed no later than March 9, 2017. The Court will conduct a post-discovery conference on March 10, 2017 at 11:15 a.m. The parties have conferred and their present best estimate of the length of trial is 4 to 5 days. (As further set forth in this Order.) Amended Pleadings due by 12/23/2016. Joinder of Parties due by 12/23/2016. Deposition due by 3/9/2017. Fact Discovery due by 1/23/2017. Expert Discovery due by 3/9/2017. Discovery due by 3/9/2017. Status Conference set for 3/10/2017 at 11:15 AM before Judge Ronnie Abrams. (Signed by Judge Ronnie Abrams on 9/23/2016) (cf) Modified on 9/23/2016 (cf).
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| Minute Entry for proceedings held before Judge Ronnie Abrams: Initial Pretrial Conference held on 9/23/2016. (Court Reporter Sam Mauro) (arc) |
| Filing 20 LETTER addressed to Judge Ronnie Abrams from Robert G. Hanski dated September 16, 2016 re: Joint Letter and Proposed Joint Case Management Plan and Scheduling Order. Document filed by Dan Gropper. (Attachments: #1 Text of Proposed Order proposed Joint Case Management Plan and Scheduling Order)(Hanski, Robert) |
| Filing 19 ANSWER to Complaint. Document filed by 160 East 48th Street Owner II LLC, AP & SS Restaurant Group LLC.(Spinella, Jack) |
| Filing 18 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by AP & SS Restaurant Group LLC.(Spinella, Jack) |
| Filing 17 NOTICE of Substitution of Attorney. Old Attorney: Luise A. Barrack, New Attorney: Jack T. Spinella, Address: Nicoll Davis & Spinella LLP, 95 ROUTE 17 SOUTH STE 316, Paramus, New Jersey, 07652, 2129720786. Document filed by 160 East 48th Street Owner II LLC. (Spinella, Jack) |
| Filing 16 NOTICE OF APPEARANCE by Steven Costos DePalma on behalf of AP & SS Restaurant Group LLC. (DePalma, Steven) |
| Filing 15 NOTICE OF APPEARANCE by Jack Thomas Spinella on behalf of AP & SS Restaurant Group LLC. (Spinella, Jack) |
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Filing 14
STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO COMPLAINT: The time for 160 East to answer, move, or otherwise respond to the complaint in this action is extended through and including September 5, 2016, as further set forth in this Order. 160 East 48th Street Owner II LLC answer due 9/5/2016., Motions terminated: #13 FIRST LETTER MOTION for Extension of Time to File Answer to Complaint addressed to Judge Ronnie Abrams from Cori A. Rosen dated August 2, 2016. filed by 160 East 48th Street Owner II LLC. (Signed by Judge Ronnie Abrams on 8/2/2016) (cf)
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| Filing 13 FIRST LETTER MOTION for Extension of Time to File Answer to Complaint addressed to Judge Ronnie Abrams from Cori A. Rosen dated August 2, 2016. Document filed by 160 East 48th Street Owner II LLC. (Attachments: #1 Text of Proposed Order Stipulation Adjourning 160 East Time to Answer through Sept. 5, 2016)(Rosen, Cori) |
| Filing 12 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by 160 East 48th Street Owner II LLC.(Barrack, Luise) |
| Filing 11 NOTICE OF APPEARANCE by Luise A. Barrack on behalf of 160 East 48th Street Owner II LLC. (Barrack, Luise) |
| Filing 10 NOTICE OF APPEARANCE by Cori Ann Rosen on behalf of 160 East 48th Street Owner II LLC. (Rosen, Cori) |
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Filing 9
STIPULATION EXTENDING TIME TO RESPOND TO COMPLAINT AND ORDER: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned attorneys for the parties that the time within which Defendant AP & SS Restaurant Group LLC may move, answer, or otherwise respond to the Complaint is hereby extended up to and including September 1, 2016, as further set forth in this Order.) AP & SS Restaurant Group LLC answer due 9/1/2016. (Signed by Judge Ronnie Abrams on 8/1/2016) (cf)
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| Filing 8 NOTICE OF APPEARANCE by Robert Gerald Hanski on behalf of Dan Gropper. (Hanski, Robert) |
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Filing 7
ORDER AND NOTICE OF INITIAL CONFERENCE: Initial Conference set for 9/23/2016 at 02:00 PM in Courtroom 1506, 40 Centre Street, New York, NY 10007 before Judge Ronnie Abrams. (As further set forth in this Order.) (Signed by Judge Katherine B. Forrest on 7/11/2016) (cf)
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| Filing 6 ELECTRONIC SUMMONS ISSUED as to 160 East 48th Street Owner II LLC. (rch) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to AP & SS Restaurant Group LLC. (rch) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Glen Howard Parker. The party information for the following party/parties has been modified: AP & SS Restaurant Group LLC. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly. (rch) |
| Case Designated ECF. (rch) |
| Magistrate Judge Gabriel W. Gorenstein is so designated. (rch) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Ronnie Abrams. 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) |
| Filing 4 CIVIL COVER SHEET filed. (Parker, Glen) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to 160 East 48th Street Owner II LLC, re: #1 Complaint. Document filed by Dan Gropper. (Parker, Glen) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to AP & SS Restaurant Group LLC, re: #1 Complaint. Document filed by AP & SS Restaurant Group LLC. (Parker, Glen) |
| Filing 1 COMPLAINT against 160 East 48th Street Owner II LLC, AP & SS Restaurant Group LLC. (Filing Fee $ 400.00, Receipt Number 0208-12505745)Document filed by Dan Gropper.(Parker, Glen) |
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