Rudinplay, Inc. v. The Estate of Nelle Harper Lee et al
The producer of the Broadway production of Harper Lee's "To Kill a Mockingbird" has filed a countersuit against the executor of the late author's estate. The original lawsuit filed by the executor in federal court in Alabama, alleges that the Broadway adaptation strays too far from the original text, in violation of the agreement between Lee (before her death) and Rudinplay. The production company alleges that the executor had ulterior motives in filing the lawsuit and that it cannot proceed with production with the uncertainty of litigation hanging over it.
| Rudinplay, Inc. |
| The Estate of Nelle Harper Lee |
| 1:2018cv03300 |
| April 16, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Stewart D. Aaron |
| Analisa Torres |
| Other Contract |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 53 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/30/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 52 TRANSCRIPT of Proceedings re: CONFERENCE held on 4/30/2018 before Judge Analisa Torres. Court Reporter/Transcriber: Samuel Mauro, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/4/2018. Redacted Transcript Deadline set for 6/14/2018. Release of Transcript Restriction set for 8/13/2018.(McGuirk, Kelly) |
| Filing 51 STIPULATION OF DISMISSAL: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel of record that the above-entitled action is dismissed with prejudice. (Signed by Judge Analisa Torres on 5/10/2018) (cf) |
Filing 50
ORDER denying without prejudice to renewal by formal motion 49 Motion to Seal Document. DENIED without prejudice to renewal. Sealing of a court document must be "narrowly tailored" to serve an individual's privacy interest. Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 120 (2d Cir. 2006). However, Defendant's letter motion to adjourn the trial includes issues other than confidential medical information, such as why denial of an adjournment would prejudice Defendant. Sealing of the entire motion, therefore, is not narrowly tailored to protect confidential medical information. Accordingly, by the end of the day today, May 9, 2018, Defendant shall email a redacted version of its letter motion to the Court pursuant to Rule IV.A.iii of the Court's Individual Practices In Civil Cases. Such redactions must be narrowly tailored to protect confidential medical information. If the redactions are sufficiently tailored, the Court shall inform counsel that they may file the redacted version on the public docket. (Signed by Judge Analisa Torres on 5/9/2018) (cf)
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| Filing 49 LETTER MOTION to Seal Document addressed to Judge Analisa Torres from Matthew H. Lembke dated May 9, 2018. Document filed by The Estate of Nelle Harper Lee.(Lembke, Matthew) |
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Filing 48
ORDER: The conference scheduled for May 9, 2018 in Courtroom 11C is adjourned sine die. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 5/8/2018) (Text Only Order) (kl)
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| Filing 47 LETTER addressed to Judge Analisa Torres from Jonathan Zavin dated May 7, 2018 re: Order in Southern District of Alabama, Carter v. Rudinplay, Inc., 18 Civ. 117. Document filed by Rudinplay, Inc.. (Attachments: # 1 Exhibit A)(Zavin, Jonathan) |
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Filing 46
PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Magistrate Judge Stewart D. Aaron on 5/7/2018) (js)
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| Filing 45 AMENDED COMPLAINT amending 1 Complaint against The Estate of Nelle Harper Lee with JURY DEMAND.Document filed by Rudinplay, Inc.. Related document: 1 Complaint. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Zavin, Jonathan) |
| NOTICE of Hearing RESCHEDULED: Conference set for 5/9/2018 at 11:00 AM in Courtroom 11C, 500 Pearl Street, NY, NY, before Magistrate Judge Stewart D. Aaron. The parties shall call the Court's teleconference service at the number provided to counsel, or appear in person. (kl) Modified on 5/8/2018 (kl). |
| Set/Reset Hearings: Telephone Conference set for 5/8/2018 at 05:00 PM before Magistrate Judge Stewart D. Aaron. (kl) |
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ORDER The parties are directed to appear via Telephone for a discovery status conference in the above-captioned matter on Tuesday, May 8, 2018, at 5:00 p.m. EDT. The parties shall call the Courts conference line at 212-805-0110 once all parties are on the line. SO ORDERED.(Text Only Order) (Signed by Magistrate Judge Stewart D. Aaron on 5/5/2018) (Aaron, Stewart)
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| Filing 44 NOTICE OF APPEARANCE by Evan K. Farber on behalf of Rudinplay, Inc.. (Farber, Evan) |
| Filing 43 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Scheduling Conference proceeding held on 4/30/2018 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.(rro) |
| Filing 42 TRANSCRIPT of Proceedings re: Scheduling Conference held on 4/30/2018 before Magistrate Judge Stewart D. Aaron. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/24/2018. Redacted Transcript Deadline set for 6/4/2018. Release of Transcript Restriction set for 8/1/2018.(rro) |
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Filing 41
PRETRIAL SCHEDULING ORDER: The due date of the joint pre-trial order is hereby RESCHEDULED to May 30, 2018. In accordance with Paragraph V.B of the Court's Individual Practices in Civil Cases, the parties shall submit a proposed joint pre-trial order to the Court by PDF and Word attachment to an e-mail by May 30, 2018, at 12:00 p.m. In accordance with Paragraph V.F of the Court's Individual Practices, by May 31, 2018, at 12:00 p.m., the parties shall file, if necessary, any objections to another party's requests to charge or proposed voir dire questions, any opposition to any motion in limine, and any opposition to any legal argument in a pre-trial memorandum. Counsel for all parties shall appear for a final pre-trial conference on June 1, 2018, at 3:00 p.m., in Courtroom 15D of the United States Courthouse, 500 Pearl Street, New York, NY 10007. Trial shall commence at 9:00 a.m. on June 4, 2018. (As further set forth in this Order.) Responses due by 5/31/2018 Final Pretrial Conference set for 6/1/2018 at 03:00 PM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres. Proposed Pretrial Order due by 5/30/2018. Pretrial Order due by 5/30/2018. Jury Trial set for 6/4/2018 at 09:00 AM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 5/2/2018) (cf)
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Filing 40
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 Stewart D. Aaron. (Signed by Judge Analisa Torres on 4/30/2018) (jwh)
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Filing 39
SCHEDULING ORDER: Counsel are encouraged to meet and confer to address issues as they arise. In light of the expedited nature of the case, counsel should not hesitate to contact Magistrate Judge Aaron's Chambers in the event that they are unable to resolve such issues. SO ORDERED. Deposition due by 5/29/2018. Fact Discovery due by 5/29/2018. Expert Discovery due by 5/29/2018. (Signed by Magistrate Judge Stewart D. Aaron on 4/30/2018) (kl)
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Filing 38
ORDER: For the reasons stated on the record at the show cause hearing on April 30, 2018, Plaintiff's motion for an order granting expedited discovery and scheduling a trial date, ECF No. 11, is GRANTED to the extent that the Honorable Stewart D. Aaron shall oversee the expedited discovery process and trial is scheduled to begin on June 4, 2018. Trial shall last for no more than two weeks. SO ORDERED. (Signed by Judge Analisa Torres on 4/30/2018) (ama)
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| Filing 37 LETTER addressed to Judge Analisa Torres from Matthew H. Lembke dated April 30, 2018 re: Court's Order of 4/26/2018 (Doc. 31). Document filed by Tonja B. Carter, The Estate of Nelle Harper Lee.(Lembke, Matthew) |
| Minute Entry for proceedings held before Judge Analisa Torres: Show Cause Hearing held on 4/30/2018. (Selver, Max) |
| Minute Entry for proceedings held before Magistrate Judge Stewart D. Aaron: Scheduling Conference held on 4/30/2018. (kl) |
| Filing 36 LETTER addressed to Judge Analisa Torres from Sarah Schacter dated 4/27/2018 re: Court's Order of 4/26/2018. Document filed by Rudinplay, Inc..(Schacter, Sarah) |
| Filing 35 DECLARATION of Scott Rudin in Support re: 10 Order to Show Cause,. Document filed by Rudinplay, Inc.. (Strauss, Jonathan) |
| Filing 34 REPLY MEMORANDUM OF LAW in Support re: 10 Order to Show Cause, . Document filed by Rudinplay, Inc.. (Strauss, Jonathan) |
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Filing 33
ORDER granting 32 Motion for Jeffrey M. Anderson to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (Torres, Analisa)
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| Filing 32 MOTION for Jeffrey M. Anderson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14994223. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Tonja B. Carter, The Estate of Nelle Harper Lee. (Attachments: # 1 Certificates of Good Standing, # 2 Affidavit of Jeffrey M. Anderson, # 3 Order for Admission Pro Hac Vice)(Anderson, Jeffrey) |
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Filing 31
ORDER: Plaintiff states that it seeks an expedited trial only on its declaratory judgment claims. See PL Mem. at 1, ECF No. 11. It is hereby ORDERED that: 1. By April 27, 2018, at 5:00 p.m., Plaintiff shall file a letter with the Court addressing whether the Court must first determine as a matter of law whether Defendants have authority to cancel or othe1wise stop production of the play pursuant to the letter agreement dated June 29, 2015, ECF No. 12-1, before a jury addresses Plaintiff's claim that the "the play does not derogate or depa1t from the spirit of the novel, or alter its characters," Compl. at 18, ECF No. 1. 2. Defendants shall file opposition papers, if any, by April 30, 2018, at 9:00 a.m. (Signed by Judge Analisa Torres on 4/26/2018) (cf)
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| Filing 30 OPPOSITION BRIEF re: 28 Opposition Brief, Declaration of Matthew H. Lembke in Opposition to Plaintiff's Motion for Expedited Discovery. Document filed by Tonja B. Carter, The Estate of Nelle Harper Lee. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Lembke, Matthew) |
| Filing 29 OPPOSITION BRIEF re: 28 Opposition Brief, Declaration of Tonja B. Carter in Support of Opposition to Plaintiff's Motion for Expedited Discovery. Document filed by Tonja B. Carter, The Estate of Nelle Harper Lee. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Lembke, Matthew) |
| Filing 28 OPPOSITION BRIEF re: 10 Order to Show Cause, to Plaintiff's Motion for Expedited Discovery and Expedited Resolution of Declaratory Judgment Claims. Document filed by Tonja B. Carter, The Estate of Nelle Harper Lee. (Attachments: # 1 Exhibit 1)(Lembke, Matthew) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 32 MOTION for Jeffrey M. Anderson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14994223. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma) |
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Filing 27
ORDER granting 25 Motion for Ellen Presley Proctor to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (DN)
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Filing 26
ORDER granting 24 Motion for Matthew H. Lembke to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (DN)
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| Filing 25 MOTION for Ellen Presley Proctor to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14987192. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Tonja B. Carter, The Estate of Nelle Harper Lee. (Attachments: # 1 Certificate of Good Standing, # 2 Affidavit of Ellen Presley Proctor, # 3 Order for Admission Pro Hac Vice)(Proctor, Emily) |
| Filing 24 MOTION for Matthew H. Lembke to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14987150. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Tonja B. Carter, The Estate of Nelle Harper Lee. (Attachments: # 1 Certificate of Good Standing, # 2 Affidavit of Matthew H. Lembke, # 3 Order for Admission Pro Hac Vice)(Lembke, Matthew) |
| Filing 23 NOTICE OF APPEARANCE by Matthew H. Giger on behalf of Tonja B. Carter, The Estate of Nelle Harper Lee. (Giger, Matthew) |
| Filing 22 NOTICE OF APPEARANCE by John Jacob Rosenberg on behalf of Tonja B. Carter, The Estate of Nelle Harper Lee. (Rosenberg, John) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 24 MOTION for Matthew H. Lembke to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14987150. Motion and supporting papers to be reviewed by Clerk's Office staff., 25 MOTION for Ellen Presley Proctor to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14987192. Motion and supporting papers to be reviewed by Clerk's Office staff.. The documents have been reviewed and there are no deficiencies. (jc) |
| Filing 21 DECLARATION of Sara Slavin re: 10 Order to Show Cause, . Document filed by Rudinplay, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Slavin, Sara) |
| Filing 20 DECLARATION of Joey Parnes in Support re: 10 Order to Show Cause,. Document filed by Rudinplay, Inc.. (Strauss, Jonathan) |
| Filing 19 DECLARATION of Jonathan Zavin in Support re: 10 Order to Show Cause,. Document filed by Rudinplay, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Strauss, Jonathan) |
| Filing 18 MEMORANDUM OF LAW in Support re: 10 Order to Show Cause, . Document filed by Rudinplay, Inc.. (Strauss, Jonathan) |
| Filing 17 AFFIDAVIT OF SERVICE of Complaint, Civil Cover Sheet, signed Order to Show Cause, Rudinplay, Inc.'s Memorandum of Law, Declaration of Scott Rudin with exhibits, Declaration of Jonathan Strauss with exhibits, a copy of the Individual Practices in Civil Cases of Analisa Torres, US District Judge for the SDNY served on Tonja B. Carter, Estate of Nelle Harper Lee on 04/23/2018. Service was accepted by Tonja B. Carter. Document filed by Rudinplay, Inc.. (Strauss, Jonathan) |
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Filing 16
ORDER: Plaintiff, Rudinplay, Inc., moves for an order requiring that any documents or materials that reveal plot points of Plaintiff's proposed live stage adaptation of "To Kill a Mockingbird" (the "Play") be filed under seal. Rudin Decl. Paragraphs 24-26, ECF No. 12. Plaintiff's motion for a sealing order is DENIED without prejudice to renewal. If either party seeks to publicly file documents or materials that reveal the plot points of the Play, such as drafts of scripts or communications discussing the content of the Play, they shall first submit the materials to the Court in accordance with the procedures set forth in Rule IV.A of the Court's Individual Practices in Civil Cases. The Court will then determine whether redaction or sealing is appropriate. (Signed by Judge Analisa Torres on 4/23/2018) (ap) Modified on 4/23/2018 (ap). Modified on 4/24/2018 (ap).
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Filing 15
ORDER: On April 19, 2018, the Court ordered Plaintiff, Rudinplay, Inc., to, inter alia, serve on Defendants by 5:00 p.m. today, April 20, 2018, the declarations and memorandum of law supporting its motion for expedited discovery and expedited resolution of this action (the "Moving Papers") and the Court's April 19, 2018 Order (the "April 19 Order"). ECF No. 10. On April 20, 2018, Plaintiff notified the Court that it had made a number of attempts to serve the Moving Papers and the April 19 Order on Defendants without success, including by ce1tified mail, by email, and by process server to Defendant Tonja B. Ca1ter's home and place of business. Strauss Decl. Paragraphs 7- 9, ECF No. 14. Plaintiff asks the Court to deem these effo1ts to be good and sufficient service in satisfaction of the Court's April 19 Order. Id. Paragraph 10. Plaintiff's application for the Court to deem its service on Defendants sufficient is DENIED. By April 23, 2018, at 5:00 p.m., Plaintiff shall make a second attempt to serve the Moving Papers and the April 19 Order on Defendants by process server at Carter's home and place of business. If Plaintiff successfully completes service on Defendants, it shall file proof of service on ECF by that date. If not, Plaintiff shall file a letter updating the Court on the status of its efforts to serve Defendants. (Service due by 4/23/2018.) (Signed by Judge Analisa Torres on 4/20/2018) (ap) Modified on 4/23/2018 (ap).
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| Filing 14 DECLARATION of Jonathan Strauss re: 10 Order to Show Cause, . Document filed by Rudinplay, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Strauss, Jonathan) |
| Filing 13 DECLARATION of Jonathan Strauss in Support re: 11 Memorandum of Law in Support, 12 Declaration in Support, 10 Order to Show Cause,. Document filed by Rudinplay, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M)(Strauss, Jonathan) |
| Filing 12 DECLARATION of Scott Rudin in Support re: 11 Memorandum of Law in Support, 10 Order to Show Cause,. Document filed by Rudinplay, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Strauss, Jonathan) |
| Filing 11 MEMORANDUM OF LAW in Support re: 10 Order to Show Cause, . Document filed by Rudinplay, Inc.. (Strauss, Jonathan) |
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Filing 10
ORDER TO SHOW CAUSE: Defendants show cause on April 30, 2018, at 3:00 p.m. in Courtroom 15D of 500 Pearl Street, New York, New York why there should not be expedited discovery and expedited resolution of this action; as further set forth in this Order. Show Cause Hearing set for 4/30/2018 at 03:00 PM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres. (Signed by Judge Analisa Torres on 4/19/2018) (cf)
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| Filing 9 NOTICE OF APPEARANCE by Sara Adrienne Slavin on behalf of Rudinplay, Inc.. (Slavin, Sara) |
| Filing 8 NOTICE OF APPEARANCE by Sarah Schacter on behalf of Rudinplay, Inc.. (Schacter, Sarah) |
| Filing 7 NOTICE OF APPEARANCE by Jonathan Zavin on behalf of Rudinplay, Inc.. (Zavin, Jonathan) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Tonja B. Carter, The Estate of Nelle Harper Lee. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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. (jgo) |
| Magistrate Judge Stewart D. Aaron is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jonathan Neil Strauss. The following case opening statistical information was erroneously selected/entered: Dollar Demand $10000000000; County code Albany; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to None; the County code has been modified to New York; the Fee Status code has been modified to pd (paid);. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 5 CIVIL COVER SHEET filed. (Strauss, Jonathan) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to The Estate of Nelle Harper Lee,Tonja B. Carter, re: 1 Complaint. Document filed by Rudinplay, Inc.. (Strauss, Jonathan) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Rudinplay, Inc..(Strauss, Jonathan) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Strauss, Jonathan) Modified on 4/17/2018 (jgo). |
| Filing 1 COMPLAINT against Tonja B. Carter, The Estate of Nelle Harper Lee. (Filing Fee $ 400.00, Receipt Number 0208-14945541)Document filed by Rudinplay, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Strauss, Jonathan) |
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