Abdou v. Mahany et al
| Shareef Abdou |
| Joseph Bird, Mahany & Ertl, LLC, Brian Mahany, Mahany Law and Anthony Dietz |
| 1:2019cv01824 |
| February 27, 2019 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| P.I.: Other |
| 28 U.S.C. § 1332 fd |
| Both |
Docket Report
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This docket was last retrieved on January 2, 2024. A more recent docket listing may be available from PACER.
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Filing 114
ORDER re: #113 Letter, filed by Shareef Abdou, #112 Letter filed by Anthony Dietz: The Court has received letters from plaintiff Shareef Abdou, Dkt. 113, and defendant Anthony Dietz, Dkt. 112, regarding a recent discovery dispute. The Court resolves the discovery dispute as follows: Accordingly, the Court sustains Abdou's objections to the three Dietz Requests addressing cognitive impairment. Accordingly, the Court orders that to the extent that any documents presently designated AEO are ones that consist of communications with Dietz or are understood to have been shared with Dietz at any earlier time, Abdou is ordered to change the designation from AEO to Confidential, which will enable Dietz to obtain access to these documents. The Court otherwise does not disturb the AEO designation on documents produced by Abdou, and as further set forth in this order. The Clerk of the Court is respectfully requested to terminate the letter motion pending at docket 112. (Signed by Judge Paul A. Engelmayer on 8/13/2020) (jwh)
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Filing 113
LETTER addressed to Judge Paul A. Engelmayer from Jeffrey Gavenman dated August 5, 2020 re: Opposition to ECF No. 112. Document filed by Shareef Abdou. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C).(Gavenman, Jeffrey)
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Filing 112
LETTER addressed to Judge Paul A. Engelmayer from Rodger D. Young dated July 31, 2020 re: Discovery Disputes. Document filed by Anthony Dietz. (Attachments: #1 Exhibit A - Complaint 12-cv-05500 EDNY).(Young, Rodger)
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Filing 111
ORDER granting #110 Letter Motion for Extension of Time to Complete Discovery: Granted. (Signed by Judge Paul A. Engelmayer on 4/14/2020) (jwh)
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Filing 110
LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Paul A. Engelmayer from Rodger D. Young dated April 14, 2020. Document filed by Anthony Dietz..(Young, Rodger)
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Filing 109
ORDER granting #108 Letter Motion for Extension of Time to Complete Discovery. Granted. The new discovery deadline is May 19, 2020, and the new expert discovery deadline is July 3, 2020. The case management conference scheduled for April 6, 2020 is adjourned sine die. After the motions to dismiss are resolved, the Court will set a briefing schedule to resolve whether the case is to be tried by a jury and schedule a case management conference. (Signed by Judge Paul A. Engelmayer on 2/20/2020) (cf)
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Set/Reset Deadlines: Expert Discovery due by 7/3/2020. Fact Discovery due by 5/19/2020. (cf)
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Filing 108
JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Paul A. Engelmayer from Rodger D. Young dated 02/19/2020. Document filed by Anthony Dietz..(Young, Rodger)
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Filing 107
ORDER granting #106 Letter Motion for Extension of Time: Granted. (Signed by Judge Paul A. Engelmayer on 1/2/2020) (jwh)
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Filing 106
CONSENT LETTER MOTION for Extension of Time to respond to Requests for Admission addressed to Judge Paul A. Engelmayer from Rodger D. Young dated January 2, 2020. Document filed by Anthony Dietz.(Young, Rodger)
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Filing 105
ORDER granting #104 Letter Motion for Extension of Time to Complete Discovery: Granted. The new fact discovery deadline is March 20, 2020. The new expert discovery deadline is May 4, 2020. (Signed by Judge Paul A. Engelmayer on 12/19/2019) (jwh)
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Set/Reset Deadlines: Expert Discovery due by 5/4/2020. Fact Discovery due by 3/20/2020. (jwh)
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Filing 104
JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Paul A. Engelmayer from Rodger D. Young dated December 18, 2019. Document filed by Anthony Dietz.(Young, Rodger)
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Filing 103
STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... To the extent that the parties wish to file documents under seal or publicly in redacted versions, in accordance with paragraph 12 of this stipulation, the parties are reminded to consult Part 4.B of the Court's Individual Rules. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 11/14/2019) (mml)
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Filing 102
JOINT MOTION for Protective Order . Document filed by Shareef Abdou. (Attachments: #1 Exhibit Ex. A - Proposed Stipulated Protective Order)(Gavenman, Jeffrey)
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Filing 101
MEMO ENDORSEMENT on re: #100 Letter filed by Anthony Dietz. ENDORSEMENT: The Court appreciates this letter and is reviewing defendant's motion to dismiss. (Signed by Judge Paul A. Engelmayer on 11/12/2019) (va)
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Filing 100
LETTER addressed to Judge Paul A. Engelmayer from Rodger D. Young dated 11/12/2019 re: DF Dietz's Motion to Dismiss 2nd Amended Complaint. Document filed by Anthony Dietz.(Young, Rodger)
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Filing 99
ORDER terminating #97 Letter Motion for Discovery. The Court has received letters from plaintiff Shareef Abdou, Dkt. 98, and defendant Joseph Bird, Dkt. 97, regarding a recent discovery dispute. The Court resolves the discovery dispute as follows: 1. Two of Bird's interrogatories are at issue. See Dkt. 98-1 ("Bird Interrogatories"). One addresses a settlement agreement between Abdou and Bank of America, id. at 2, and the other addresses Abdou's claims that he did his own legal work, id. at 2-3. Although Bird may inquire of Abdou regarding the topics addressed in the proposed interrogatories, the proper mechanism to do so, pursuant to Local Rule 33, is in a deposition, rather than in an interrogatory. Accordingly, Abdou's objections to the interrogatories are sustained. 2. Bird has also requested that Abdou produce a copy of any settlement agreement Abdou may have with Bank of America and e-mails related to such an agreement. Id. at 2. The agreement is not privileged from pretrial disclosure in discovery. And it may itself be, or lead to, relevant, admissible evidence, including, potentially, information related to defendant Mahany & Ertl, LLC's entitlement to a portion of the award Abdou received from the Government's settlement with Bank of America. As a result, Abdou is ordered to produce any settlement agreement and e-mails related to the agreement. Abdou may designate the settlement agreement as confidential or attorneys'-eyes-only, if it meets those standards. To the extent Abdou asserts a claim of privilege as to the e-mails, he is at liberty to withhold or redact such e-mails, provided he supplies Bird with a proper, itemized privilege log. The Clerk of the Court is respectfully requested to terminate the letter motion pending at docket 97. (Signed by Judge Paul A. Engelmayer on 10/16/2019) (mro)
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Filing 98
LETTER RESPONSE in Opposition to Motion addressed to Judge Paul A. Engelmayer from Jeffrey Gavenman dated October 4, 2019 re: #97 LETTER MOTION for Discovery addressed to Judge Paul A. Engelmayer from Joseph Bird dated October 1, 2019. . Document filed by Shareef Abdou. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gavenman, Jeffrey)
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Filing 97
LETTER MOTION for Discovery addressed to Judge Paul A. Engelmayer from Joseph Bird dated October 1, 2019. Document filed by Joseph Bird.(Skoczen, Christopher)
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Filing 96
LETTER MOTION for Oral Argument addressed to Judge Paul A. Engelmayer from Rodger D. Young dated September 12, 2019. Document filed by Anthony Dietz.(Young, Rodger)
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Filing 95
REPLY MEMORANDUM OF LAW in Support re: #81 MOTION to Dismiss . . Document filed by Anthony Dietz. (Young, Rodger)
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Filing 94
REPLY MEMORANDUM OF LAW in Support re: #83 MOTION to Dismiss Second Amended Complaint. . Document filed by Brian Mahany, Mahany & Ertl, LLC, Mahany Law. (Skoczen, Christopher)
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Filing 93
ORDER granting #92 FIRST LETTER MOTION for Extension of Time to File Response/Reply as to #83 MOTION to Dismiss Second Amended Complaint. Granted. SO ORDERED. Replies due by 9/12/2019. (Signed by Judge Paul A. Engelmayer on 8/29/2019) (jca)
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Filing 92
FIRST LETTER MOTION for Extension of Time to File Response/Reply as to #83 MOTION to Dismiss Second Amended Complaint. addressed to Judge Paul A. Engelmayer from Christopher D. Skoczen dated August 28, 2019. Document filed by Brian Mahany, Mahany & Ertl, LLC, Mahany Law. Return Date set for 9/12/2019 at 11:59 PM.(Skoczen, Christopher)
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Filing 91
ORDER: granting #90 Letter Motion for Extension of Time to File Response/Reply re #90 LETTER MOTION for Extension of Time to File Response/Reply as to #81 MOTION to Dismiss. addressed to Judge Paul A. Engelmayer from Rodger Young dated 8/28/2019. Replies due by 9/12/2019. Granted. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/28/2019) (ama)
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Filing 90
LETTER MOTION for Extension of Time to File Response/Reply as to #81 MOTION to Dismiss . addressed to Judge Paul A. Engelmayer from Rodger Young dated 8/28/2019. Document filed by Anthony Dietz. Return Date set for 9/12/2019 at 10:00 AM.(Young, Rodger)
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Filing 89
MEMORANDUM OF LAW in Opposition re: #83 MOTION to Dismiss Second Amended Complaint. . Document filed by Shareef Abdou. (Gavenman, Jeffrey)
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Filing 88
MEMORANDUM OF LAW in Opposition re: #81 MOTION to Dismiss . . Document filed by Shareef Abdou. (Gavenman, Jeffrey)
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Filing 87
REPLY MEMORANDUM OF LAW in Support re: #75 AMENDED MOTION to Dismiss Complaint., #50 FIRST MOTION to Dismiss Complaint. . Document filed by Joseph Bird. (Attachments: #1 Exhibit Lewandowski v. Continental)(Skoczen, Christopher)
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Filing 86
ORDER granting #85 Letter Motion for Extension of Time: Granted. Any replies from defendants will be due September 2, 2019. (Signed by Judge Paul A. Engelmayer on 8/9/2019) (jwh)
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Filing 85
LETTER MOTION for Extension of Time addressed to Judge Paul A. Engelmayer from Jeffrey S. Gavenman dated August 9, 2019. Document filed by Shareef Abdou.(Gavenman, Jeffrey)
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Set/Reset Deadlines as to #83 MOTION to Dismiss Second Amended Complaint: #81 MOTION to Dismiss: Responses due by 8/26/2019. Replies due by 9/2/2019. (jwh)
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Filing 84
MEMORANDUM OF LAW in Opposition re: #75 AMENDED MOTION to Dismiss Complaint., #50 FIRST MOTION to Dismiss Complaint. . Document filed by Shareef Abdou. (Attachments: #1 Letter requesting hearing)(Gavenman, Jeffrey)
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Filing 83
MOTION to Dismiss Second Amended Complaint. Document filed by Brian Mahany, Mahany & Ertl, LLC, Mahany Law. Responses due by 8/26/2019 (Attachments: #1 Memorandum of Law)(Skoczen, Christopher)
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Filing 82
MEMORANDUM OF LAW in Support re: #81 MOTION to Dismiss . . Document filed by Anthony Dietz. (Young, Rodger)
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Filing 81
MOTION to Dismiss . Document filed by Anthony Dietz.(Young, Rodger)
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Filing 80
ORDER granting #76 Letter Motion to Adjourn Conference; granting #78 Letter Motion to Adjourn Conference. Granted. The parties must inform this Court if and when they are prepared to engage in a settlement conference. This resolves Dkt. 76 and 78. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 7/26/2019) (mml)
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Filing 79
ORDER denying #73 Letter Motion for Extension of Time. Denied, substantially for the reasons stated in plaintiffs letter in opposition at Dkt. 77. Dietz has not articulated any reason why document discovery should be stayed as to him but not his co-defendants, who are also filing motions to dismiss. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/26/2019) (kv)
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Filing 78
SUPPLEMENTAL LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Robert W. Lehrburger from Christopher D. Skoczen dated 07/26/2019. Document filed by Joseph Bird, Anthony Dietz, Brian Mahany, Mahany & Ertl, LLC, Mahany Law.(Skoczen, Christopher)
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Filing 77
LETTER RESPONSE in Opposition to Motion addressed to Judge Paul A. Engelmayer from Jeffrey Gavenman dated July 25, 2019 re: #73 LETTER MOTION for Extension of Time to file Initial Disclosures addressed to Judge Paul A. Engelmayer from Rodger D. Young dated July 19, 2019. . Document filed by Shareef Abdou. (Gavenman, Jeffrey)
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Filing 76
MOTION to Adjourn Conference on behalf of all Defendants. Document filed by Joseph Bird, Anthony Dietz, Brian Mahany, Mahany & Ertl, LLC, Mahany Law.(Skoczen, Christopher)
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Filing 75
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - AMENDED MOTION to Dismiss Complaint. Document filed by Joseph Bird.(Skoczen, Christopher) Modified on 9/25/2019 (ldi).
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Filing 74
ORDER with respect to #73 Letter Motion for Extension of Time. Abdou's letter in opposition, if any, is due July 25, 2019. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/19/2019) (anc)
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Filing 73
LETTER MOTION for Extension of Time to file Initial Disclosures addressed to Judge Paul A. Engelmayer from Rodger D. Young dated July 19, 2019. Document filed by Anthony Dietz.(Young, Rodger)
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Set/Reset Deadlines: Responses due by 7/25/2019. (anc)
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Filing 72
NOTICE OF APPEARANCE by Rodger D. Young on behalf of Anthony Dietz. (Young, Rodger)
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Filing 71
ELECTRONIC SUMMONS ISSUED as to Anthony Dietz. (sj)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jeffrey Samuel Gavenman. The party information for the following party/parties has been modified: Anthony Dietz. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly. (sj)
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Filing 70
REQUEST FOR ISSUANCE OF SUMMONS as to Anthony Dietz, re: #69 Amended Complaint,. Document filed by Shareef Abdou. (Gavenman, Jeffrey)
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Filing 69
SECOND AMENDED COMPLAINT amending #44 Amended Complaint against Joseph Bird, Anthony Dietz, Brian Mahany, Mahany & Ertl, LLC, Mahany Law with JURY DEMAND.Document filed by Shareef Abdou. Related document: #44 Amended Complaint. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Gavenman, Jeffrey)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jeffrey Samuel Gavenman to RE-FILE Document No. #68 Amended Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected. Re-file the pleading using the event type Second Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (sj)
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Filing 68
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR SECOND AMENDED COMPLAINT amending #44 Amended Complaint against Shareef Abdou with JURY DEMAND.Document filed by Shareef Abdou. Related document: #44 Amended Complaint. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Gavenman, Jeffrey) Modified on 7/15/2019 (sj).
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Filing 67
BRIEF of Anthony Dietz as Amicus Curiae in Opposition to Joseph Bird's FRCP 12(b)(7) Motion to Dimiss. Document filed by Anthony Dietz. (Attachments: #1 Exhibit Index, #2 Exhibit A - Dietz Affidavit)(Young, Rodger)
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Filing 66
RESPONSE to Motion re: #64 MOTION to File Amicus Brief . . Document filed by Joseph Bird. (Skoczen, Christopher)
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Filing 65
MEMO ENDORSEMENT on MOTION FOR LEAVE TO FILE BRIEF OF ANTHONY DIETZ AS AMICUS CURIAE IN OPPOSITION TO JOSEPH BIRD'S 12(B)(7) MOTION TO DISMISS: granting #64 Motion to File Amicus Brief. ENDORSEMENT: Granted. Mr. Dietz may file the short amicus brief attached at Dkt. 64-2. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/09/2019) (ama)
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Filing 64
MOTION to File Amicus Brief . Document filed by Anthony Dietz. (Attachments: #1 Exhibit Exhibit Index, #2 Exhibit 1 - Brief of A. Dietz as Amicus Curiae in Opposition to Motion to Dismiss, #3 Exhibit A to Ex. 1 - Affidavit of A. Dietz)(Young, Rodger)
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Filing 63
NOTICE OF APPEARANCE by Rodger D. Young on behalf of Anthony Dietz. (Young, Rodger)
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Filing 62
ORDER FOR ADMISSION PRO HAC VICE: granting #61 Motion for Sabina Suzanne Schiller to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 7/03/2019) (ama)
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Filing 61
MOTION for Sabina Suzanne Schiller to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Shareef Abdou. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order)(Schiller, Sabina)
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Filing 60
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Sabina Suzanne Schiller to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17180856. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Shareef Abdou.(Schiller, Sabina) Modified on 7/2/2019 (jc).
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #60 MOTION for Sabina Suzanne Schiller to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17180856. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Attorney Affidavit or Declaration - see Local Rule 1.3. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Attorney Affidavit/Declaration - attach Proposed Order. (jc)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #61 MOTION for Sabina Suzanne Schiller to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
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Filing 59
ORDER terminating #58 MOTION Respond to Inquiry re: #55 Order on Motion to Dismiss, Order on Motion to Withdraw, Responding to Question. The Court appreciates this clarification and will accept Mr. Bird's motions as timely. The Clerk of Court is respectfully requested to terminate the motion pending at Dkt. 58. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 6/28/2019) (jca)
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Filing 58
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION Respond to Inquiry re: #55 Order on Motion to Dismiss,, Order on Motion to Withdraw, Responding to Question. Document filed by Joseph Bird. (Attachments: #1 Exhibit Ex. 1, #2 Exhibit Ex. 2)(Skoczen, Christopher) Modified on 8/28/2019 (db).
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Filing 57
ORDER: Accordingly, it is hereby ORDERED that plaintiff shall file any amended complaint by July 15, 2019. No further opportunities to amend will ordinarily be granted. If plaintiff does amend, by August 5, 2019, defendant shall: (1) file an answer; (2) file a new motion to dismiss; or (3) submit a letter to the Court, copying plaintiff, stating that they rely on the previously filed motion to dismiss. It is further ORDERED that if no amended complaint is filed, plaintiff shall serve any opposition to the motion to dismiss by July 15, 2019. Defendants' reply, if any, shall be served by July 22, 2019. At the time any reply is served, the moving party shall supply the Court with two (2) courtesy copies of all motion papers by mailing or delivering them to the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York 10007. (Amended Pleadings due by 7/15/2019., Motions due by 8/5/2019.) (Signed by Judge Paul A. Engelmayer on 6/26/2019) (rro)
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Filing 56
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). Plaintiff believes this case is to be tried to a jury. Defendants believe it is not to be tried to a jury. To be briefed following fact discovery. Fact Discovery due by 1/20/2020. Depositions stayed pending resolution of motions to dismiss. Expert Discovery due by 3/5/2019. Counsel for the parties have conferred and their present best estimate of the length of trial is 5 days. Case Management Conference set for 4/6/2020 at 10:30 AM before Judge Paul A. Engelmayer. (Signed by Judge Paul A. Engelmayer on 6/26/2019) (mro)
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Filing 55
ORDER withdrawing #50 Motion to Dismiss; granting #53 Motion to Withdraw. Granted. The Clerk of Court is respectfully requested to terminate the motions pending at Dkts. 50 and 53. Defendants are to advise the Court by letter as to whether the motions to dismiss from Joseph Bird pending at Dkts. 52 and 54 are intended to be separate and, if so, why only one was filed on June 21, 2019, the date set by the Court. (Signed by Judge Paul A. Engelmayer on 6/26/2019) (mro)
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Filing 54
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST MOTION to Dismiss Complaint. Document filed by Joseph Bird. Responses due by 7/12/2019 (Attachments: #1 Exhibit Memorandum of Law, #2 Exhibit Relator Settlement, #3 Exhibit Fee Payments, #4 Exhibit Declaration of Joseph Bird)(Skoczen, Christopher) Modified on 8/21/2019 (db).
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Filing 53
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Withdraw #50 FIRST MOTION to Dismiss Complaint. . Document filed by Joseph Bird.(Skoczen, Christopher) Modified on 8/21/2019 (db).
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Filing 52
DEFENDANT BIRD'S MOTION TO DISMISS PURS. TO FRCP 12(b)(7). Document filed by Joseph Bird.(sc)
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Filing 51
FIRST MOTION to Dismiss Complaint. Document filed by Brian Mahany, Mahany & Ertl, LLC, Mahany Law. Responses due by 7/12/2019 (Attachments: #1 Declaration of Christopher D. Skoczen, #2 Memorandum of Law)(Skoczen, Christopher)
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Filing 50
FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION to Dismiss Complaint. Document filed by Joseph Bird. Responses due by 7/26/2019 (Attachments: #1 Memorandum of Law, #2 Exhibit Stipulation of Settlement, #3 Exhibit Payments, #4 Exhibit Declaration of Joseph Bird)(Skoczen, Christopher) Modified on 9/6/2019 (ldi).
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Filing 49
PROPOSED CASE MANAGEMENT PLAN. Document filed by Brian Mahany, Mahany & Ertl, LLC, Mahany Law. (Skoczen, Christopher)
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Filing 47
MEMO ENDORSEMENT on re: #45 Letter filed by Mahany & Ertl, LLC, Mahany Law, Brian Mahany. ENDORSEMENT: The Court appreciates this update. Under the current schedule, which the Court declines to modify, motions to dismiss are due June 21, 2019. Dkt. 42. To the extent possible, the Court encourages defendants to consolidate their motions to dismiss. The Court stays this case as to deposition discovery pending resolution of the anticipated motions to dismiss, but will allow document discovery to go forward. The parties are directed to submit a joint case management plan that provides for document discovery in accordance with the Court's individual rules by June 21, 2019. (Signed by Judge Paul A. Engelmayer on 6/10/2019) (mro)
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Filing 48
SETTLEMENT CONFERENCE ORDER: This case has been referred to me for settlement. A settlement conference will be held on August 14, 2019, at 9:30 a.m. in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Robert W. Lehrburger. Parties are instructed to review and adhere to Judge Lehrburger's individual Settlement Conference Procedures. The parties are further instructed to submit their pre-conference submissions, along with their Attendance Acknowledgment Form (available in pdf fillable format as attachment to the Settlement Conference Procedures) no later than August 7, 2019, by 5:00 p.m. Settlement Conference set for 8/14/2019 at 09:30 AM in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Robert W. Lehrburger. (Signed by Magistrate Judge Robert W. Lehrburger on 6/10/2019) Copies Mailed By Chambers. (mml)
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Filing 46
TELEPHONE CONFERENCE ORDER: A Pre-Settlement telephone conference will be held on Wednesday, July 31, 2019, at 3:00 p.m. The parties are instructed to review Judge Lehrburger's Individual Practices and Procedures for Settlement. Parties shall call the teleconference line at (888)-398-2342 and enter pass code 9543348. Telephone Conference set for 7/31/2019 at 03:00 PM before Magistrate Judge Robert W. Lehrburger. (Signed by Magistrate Judge Robert W. Lehrburger on 6/10/2019) Copies Mailed By Chambers. (mml)
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Filing 45
JOINT LETTER addressed to Judge Paul A. Engelmayer from A. Michael Furman, Joseph Bird and Jeremy W. Schulman dated 06/07/2019 re: Motions and Discovery. Document filed by Brian Mahany, Mahany & Ertl, LLC, Mahany Law.(Skoczen, Christopher)
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Filing 44
FIRST AMENDED COMPLAINT against Joseph Bird, Brian Mahany, Mahany & Ertl, LLC, Mahany Law with JURY DEMAND.Document filed by Shareef Abdou. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Gavenman, Jeffrey)
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Filing 43
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Robert W. Lehrburger. (Signed by Judge Paul A. Engelmayer on 5/10/2019) (anc)
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Filing 42
ORDER: The Court sets the following deadlines: plaintiff's anticipated amended complaint is to be filed by May 24, 2019; a joint letter from the parties is due June 7, 2019, updating the Court as to any planned motions to dismiss and/or counterclaims, as well as the parties' positions as to the effect of such motions on discovery; and responses to the amended complaint are due June 21,2019. SO ORDERED.(Amended Pleadings due by 5/24/2019.) (Signed by Judge Paul A. Engelmayer on 5/10/0219) (anc)
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Filing 41
NOTICE OF APPEARANCE by Norman Alexander Pattis on behalf of Brian Mahany, Mahany & Ertl, LLC. (Pattis, Norman)
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Minute Entry for proceedings held before Judge Paul A. Engelmayer: Initial Pretrial Conference held on 5/10/2019. Jeremy Schulman and Sabina Schiller present for Plaintiff. Defendant Brian Mahany present with attorneys, A. Michael Furman, Christopher Skoczen, and Norman Pattis. Joseph Bird present Pro Se. (mf)
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Filing 40
JOINT LETTER addressed to Judge Paul A. Engelmayer from Jeremy W. Schulman, A. Michael Furman, and Joseph Bird dated May 6, 2019 re: Initial Case Management Conference. Document filed by Shareef Abdou.(Schulman, Jeremy)
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Filing 39
RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Shareef Abdou.(Schulman, Jeremy)
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Mailed a copy of #38 Memo Endorsement, to Joseph Bird 920 E Lincoln Birmingham, MI 48009. (aea)
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Filing 38
MEMO ENDORSEMENT on re: #37 Letter, filed by Joseph Bird. ENDORSEMENT: Granted. Defendant Joseph C. Bird should consult with the represented parties to send the Court a dial-in number via email. As the Court cannot communicate with prose parties directly, Mr. Bird should have the attorney of a represented party e-mail the Court wit the dial-in number and be ready on that line fifteen minutes before the scheduled time for the conference. The Clerk of Court is respectfully requested to mail a copy of this Order to Mr. Bird's address on file. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/24/2019) (ks) Transmission to Docket Assistant Clerk for processing.
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Filing 37
LETTER addressed to Judge Paul A. Engelmayer from Joseph C. Byrd, dated 4/19/19 re: Defendant Byrd requests that the Court excuse him from attending the 5/10/19 conference in person; and that he be allowed to attend by phone because of the expense and inconvenience of flying to New York from Micihigan etc. Document filed by Joseph Bird.(sc)
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Filing 36
NOTICE OF APPEARANCE by Jeffrey Samuel Gavenman on behalf of Shareef Abdou. (Gavenman, Jeffrey)
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Filing 35
NOTICE OF APPEARANCE by Ariel Michael Furman on behalf of Brian Mahany, Mahany & Ertl, LLC. (Furman, Ariel)
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Filing 34
NOTICE OF APPEARANCE by Christopher D. Skoczen on behalf of Brian Mahany, Mahany & Ertl, LLC. (Skoczen, Christopher)
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Filing 33
AFFIDAVIT OF SERVICE of Notice of Initial Pretrial Conference on April 16, 2019. Document filed by Shareef Abdou. (Schulman, Jeremy)
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Filing 32
NOTICE OF APPEARANCE by Jeremy Wyeth Schulman on behalf of Shareef Abdou. (Schulman, Jeremy)
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Filing 31
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 5/10/2019 at 03:00 PM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer and further set forth in this Order. (Signed by Judge Paul A. Engelmayer on 3/11/2019) (rro)
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Filing 30
ORDER: Accordingly, this case is STAYED until April 22, 2019, by which date the Court expects Mr. Abdou will have obtained new counsel. The Court by separate order schedules an initial pretrial conference for a date following the lift of the stay. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/11/2019) (anc)
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Magistrate Judge Robert W. Lehrburger 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. (ma)
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Case Stayed. (anc)
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NOTICE OF CASE REASSIGNMENT to Judge Paul A. Engelmayer. Judge Unassigned is no longer assigned to the case. (ma)
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Filing 29
CASE TRANSFERRED IN from the United States District Court - District of Wisconsin Eastern; Case Number: 2:18-cv-01780. Original file certified copy of transfer order and docket entries received. (sjo)
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Case Designated ECF. (sjo)
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Filing 28
ORDER signed by Judge J P Stadtmueller on 2/21/2019. #15 Defendants' Motion to Transfer Case is GRANTED; Clerk of Court is DIRECTED to take all appropriate steps to effectuate the transfer of this action to the U.S. District Court for the Southern District of New York. #24 Motion to Withdraw as Attorney is GRANTED; Attorney Robert L Elliott is TERMINATED as counsel in this action. #24 Motion to Stay Proceedings is GRANTED; case STAYED for 60 days. See Order. (cc: all counsel, via mail to Joseph Bird) (jm) [Transferred from Wisconsin Eastern on 2/27/2019.]
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Case Electronically Transmitted to the USDC for the Southern District of New York on 2/21/2019. (asc) [Transferred from Wisconsin Eastern on 2/27/2019.]
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Filing 27
RESPONSE to Motion filed by Joseph Bird re #24 MOTION to Withdraw as Attorney MOTION to Stay. (Attachments: #1 Exhibit - Copy of #24 , #2 Exhibit - Copy of #25 )(blr) [Transferred from Wisconsin Eastern on 2/27/2019.]
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Filing 26
BRIEF in Opposition filed by Brian Mahany, Mahany & Ertl, LLC re #24 MOTION to Withdraw as Attorney MOTION to Stay . (Vescio, Michael) [Transferred from Wisconsin Eastern on 2/27/2019.]
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Filing 25
AFFIDAVIT of Robert Elliott to Withdraw. (Elliott, Robert) [Transferred from Wisconsin Eastern on 2/27/2019.]
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Filing 24
MOTION to Withdraw as Attorney and MOTION to Stay by All Plaintiffs. (Elliott, Robert). Added MOTION to Stay on 1/16/2019 (asc). [Transferred from Wisconsin Eastern on 2/27/2019.]
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Filing 23
REPLY BRIEF in Support filed by Brian Mahany, Mahany & Ertl, LLC re #15 MOTION to Transfer Case to Southern District of New York . (Vescio, Michael) [Transferred from Wisconsin Eastern on 2/27/2019.]
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Filing 22
REPLY BRIEF in Support filed by Joseph Bird re #15 MOTION to Transfer Case to Southern District of New York. (Attachments: #1 Exhibit 1, #2 Cover Letter)(asc) [Transferred from Wisconsin Eastern on 2/27/2019.]
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Filing 21
TRIAL SCHEDULING ORDER signed by Judge J P Stadtmueller on 12/21/18. Interim settlement report due 6/10/19; Dispositive Motions due by 6/14/2019; Final settlement report due 10/4/19; Motions in limine and Daubert motions due 10/11/19; Final/Joint Pretrial Report due by 10/16/2019. Final Pretrial Conference set for 10/22/2019 at 08:30 AM in Courtroom 425, 517 E Wisconsin Ave., Milwaukee, WI 53202 before Judge J P Stadtmueller. Jury Trial set for 10/28/2019 at 08:30 AM in Courtroom 425, 517 E Wisconsin Ave., Milwaukee, WI 53202 before Judge J P Stadtmueller. (cc: all counsel)(kmm) [Transferred from Wisconsin Eastern on 2/27/2019.]
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Filing 19
AFFIDAVIT of Robert Elliott in Opposition to Dfs' Motion to Change Venue. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12)(Elliott, Robert) [Transferred from Wisconsin Eastern on 2/27/2019.]
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Filing 18
BRIEF in Opposition filed by All Plaintiffs re #15 MOTION to Transfer Case to Southern District of New York . (Elliott, Robert) [Transferred from Wisconsin Eastern on 2/27/2019.]
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Filing 20
NOTICE of Concurrence in Motion to Change Venue to SD-NY by Joseph Bird. (Attachments: #1 Cover Letter)(blr) [Transferred from Wisconsin Eastern on 2/27/2019.]
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NOTICE of Electronic Filing Error re #17 Disclosure Statement filed by Shareef Abdou ; Certain discovery documents should not be filed. Please see Fed. R. Civ. P. 5(d) for further information. The document has been replaced with a copy of Rule 5. Discovery documents should be served on opposing counsel in paper format; Please refer to the policies and procedures for electronic case filing and the user manual found at www.wied.uscourts.gov (blr) [Transferred from Wisconsin Eastern on 2/27/2019.]
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Filing 17
DISCOVERY replaced with Rule 5(d) DISCLOSURE Statement by Shareef Abdou. (Elliott, Robert) Modified on 12/12/2018 (blr). (Main Document 17 replaced on 12/12/2018) (blr). [Transferred from Wisconsin Eastern on 2/27/2019.]
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Filing 16
BRIEF in Support filed by Brian Mahany, Mahany & Ertl, LLC re #15 MOTION to Transfer Case to Southern District of New York . (Attachments: #1 Affidavit Declaration of Brian Mahany, #2 Exhibit Exhibit A to Declaration of Brian Mahany, #3 Exhibit Exhibit B to Declaration of Brian Mahany, #4 Exhibit Exhibit C to Declaration of Brian Mahany, #5 Exhibit Exhibit D to Declaration of Brian Mahany, #6 Exhibit Exhibit E to Declaration of Brian Mahany, #7 Exhibit Exhibit F to Declaration of Brian Mahany, #8 Exhibit Exhibit G to Declaration of Brian Mahany, #9 Exhibit Exhibit H to Declaration of Brian Mahany, #10 Exhibit Exhibit I to Declaration of Brian Mahany)(Vescio, Michael) [Transferred from Wisconsin Eastern on 2/27/2019.]
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Filing 15
MOTION to Transfer Case to Southern District of New York by Brian Mahany, Mahany & Ertl, LLC. (Vescio, Michael) [Transferred from Wisconsin Eastern on 2/27/2019.]
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Filing 14
Minute Entry for proceedings held before Judge J.P. Stadtmueller: Scheduling Conference held on 11/30/2018 (Court Reporter Rich Ehrlich) (cl) (Main Document 14 replaced on 11/30/2018) (asc). [Transferred from Wisconsin Eastern on 2/27/2019.]
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Filing 13
SUPPLEMENT; Exhibit 1 by Joseph Bird re #10 Answer to Complaint. (Attachments: #1 Cover Letter)(asc) [Transferred from Wisconsin Eastern on 2/27/2019.]
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Filing 12
Magistrate Judge Jurisdiction Form filed by Brian Mahany, Mahany & Ertl, LLC. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Vescio, Michael) [Transferred from Wisconsin Eastern on 2/27/2019.]
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Filing 11
Magistrate Judge Jurisdiction Form filed by Joseph Bird. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (asc) [Transferred from Wisconsin Eastern on 2/27/2019.]
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Filing 10
AMENDED ANSWER to Complaint by Joseph Bird.(asc) [Transferred from Wisconsin Eastern on 2/27/2019.]
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Filing 9
REPORT of Rule 26(f) Plan by all Parties, filed by All Plaintiffs. (Elliott, Robert) [Transferred from Wisconsin Eastern on 2/27/2019.]
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Filing 8
DECLARATION of Joseph Bird (Attachments: #1 Cover Letter)(asc) [Transferred from Wisconsin Eastern on 2/27/2019.]
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NOTICE from the clerk to DEFENDANTS requesting that the Consent/Refusal form to Magistrate Judge Nancy Joseph be filed within 21 days; the form is available at the court's web site: www.wied.uscourts.gov (asc) [Transferred from Wisconsin Eastern on 2/27/2019.]
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Filing 7
ANSWER to Complaint with Jury Demand by Brian Mahany, Mahany & Ertl, LLC. (Attachments: #1 Certificate of Service)(Vescio, Michael) [Transferred from Wisconsin Eastern on 2/27/2019.]
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Filing 6
DISCLOSURE Statement by All Plaintiffs. (Elliott, Robert) [Transferred from Wisconsin Eastern on 2/27/2019.]
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Filing 5
Magistrate Judge Jurisdiction Form filed by All Plaintiffs. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Elliott, Robert) [Transferred from Wisconsin Eastern on 2/27/2019.]
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Filing 4
NOTICE of Hearing: Scheduling Conference set for 11/30/2018 at 9:00 AM in Courtroom 425, 517 E. Wisconsin Ave., Milwaukee, WI before Judge J P Stadtmueller. Joint Rule 26 Plan due by 11/27/2018. (cc: all counsel, via mail to Joseph Bird)(jm) [Transferred from Wisconsin Eastern on 2/27/2019.]
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Filing 3
NOTICE of Consent to Removal by Joseph Bird (Attachments: #1 Cover Letter)(asc) [Transferred from Wisconsin Eastern on 2/27/2019.]
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Filing 2
DISCLOSURE Statement by Brian Mahany, Mahany & Ertl, LLC. (Attachments: #1 Certificate of Service Certificate of Service)(Vescio, Michael) [Transferred from Wisconsin Eastern on 2/27/2019.]
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Filing 1
NOTICE OF REMOVAL by Mahany & Ertl, LLC, Brian Mahany from Milwaukee County, Case Number: 18CV8399 with attached state court documents. (Filing Fee PAID $400 receipt number 0757-2965795) (Attachments: #1 Exhibit Exhibit 1, #2 Affidavit Declaration of Brian Mahany, #3 Certificate of Service Certificate of Service)(Vescio, Michael) (Additional attachment(s) added on 11/9/2018: #4 Civil Cover Sheet) (asc). [Transferred from Wisconsin Eastern on 2/27/2019.]
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NOTICE Regarding assignment of this matter to Judge J P Stadtmueller ;Consent/refusal forms for Magistrate Judge Joseph to be filed within 21 days;the consent/refusal form is available on our website ;pursuant to Civil Local Rule 7.1 a disclosure statement is to be filed upon the first filing of any paper and should be filed now if not already filed (jcl) [Transferred from Wisconsin Eastern on 2/27/2019.]
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