The Cloister East, Inc. v. New York State Liquor Authority
Plaintiff: The Cloister East, Inc. doing business as Cloister Cafe, John Drobenko, Jaroslaw Drobenko, Walter Drobenko, Nicholas Drobenko and Drobenko Bros Realty Inc.
Defendant: New York State Liquor Authority, Greeley Ford, Lily Fan, Charles Stravalle, Margarita Marsico, Thomas Donohue, Gary Meyerhoff and Vincent Bradley
Case Number: 1:2020cv06545
Filed: August 17, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Lewis A Kaplan
Nature of Suit: Civil Rights: Other
Cause of Action: 42:1983dp
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 8, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 8, 2020 Filing 56 LETTER addressed to Judge Lewis A. Kaplan from Robert Garson dated 10/7/2020 re: Update on Article 78 Proceedings - Corrected. Document filed by Jaroslaw Drobenko, John Drobenko, Nicholas Drobenko, Walter Drobenko, Drobenko Bros Realty Inc., The Cloister East, Inc...(Garson, Robert)
October 7, 2020 Filing 55 LETTER addressed to Judge Lewis A. Kaplan from Robert Garson dated October 7, 2020 re: Update on Article 78 Proceedings. Document filed by Jaroslaw Drobenko, John Drobenko, Nicholas Drobenko, Walter Drobenko, Drobenko Bros Realty Inc., The Cloister East, Inc...(Garson, Robert)
September 11, 2020 Filing 54 LETTER addressed to Judge Lewis A. Kaplan from Robert Garson dated 9/11/20 re: Missing video evidence. Document filed by Jaroslaw Drobenko, John Drobenko, Nicholas Drobenko, Walter Drobenko, Drobenko Bros Realty Inc., The Cloister East, Inc...(Garson, Robert)
September 11, 2020 Filing 53 LETTER addressed to Judge Lewis A. Kaplan from AAG James B. Cooney dated 9/11/2020 re: Additional Body Camera Footage Inadvertently Omitted. Document filed by Vincent Bradley, Thomas Donohue, Lily Fan, Greeley Ford, Margarita Marsico, Gary Meyerhoff, New York State Liquor Authority, Charles Stravalle..(Cooney, James)
September 2, 2020 Opinion or Order Filing 52 MEMORANDUM OPINION: The Court has considered the plaintiffs' remaining arguments and finds that they are without merit. The motion for a preliminary injunction is denied. This ruling, however, is without prejudice to renewal if any Article 78 proceeding they may institute does not result in disposition on the merits of their claim that the summary suspension order was unconstitutional. The foregoing are the Court's findings of fact and conclusions of law in accordance with Fed. R. Civ. P. 52(a)(2). SO ORDERED. (Signed by Judge Lewis A. Kaplan on 9/2/2020) (jca)
August 28, 2020 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Telephone Conference held on 8/28/2020. Decision reserved. (Mohan, Andrew)
August 28, 2020 Filing 51 LETTER addressed to Judge Lewis A. Kaplan from Robert Garson and Kevin Kehrli dated August 28, 2020 re: Inadequacy of Article 78 Review. Document filed by Jaroslaw Drobenko, John Drobenko, Nicholas Drobenko, Walter Drobenko, Drobenko Bros Realty Inc., The Cloister East, Inc...(Kehrli, Kevin)
August 28, 2020 Filing 50 LETTER addressed to Judge Lewis A. Kaplan from Benjamin Liebowitz dated August 28, 2020 re: Availability of Article 78 Review. Document filed by Vincent Bradley, Thomas Donohue, Lily Fan, Greeley Ford, Margarita Marsico, Gary Meyerhoff, New York State Liquor Authority, Charles Stravalle..(Liebowitz, Benjamin)
August 27, 2020 Filing 49 LETTER addressed to Judge Lewis A. Kaplan from Kevin Kehrli dated August 27, 2020 re: Request for the Court's Consideration of Recently Publicized Information. Document filed by Jaroslaw Drobenko, John Drobenko, Nicholas Drobenko, Walter Drobenko, Drobenko Bros Realty Inc., The Cloister East, Inc.. (Attachments: #1 Exhibit A - Senator Ramos et al. Letter).(Kehrli, Kevin)
August 26, 2020 Filing 48 DECLARATION of Ronn Torossian in Support. Document filed by Jaroslaw Drobenko, John Drobenko, Nicholas Drobenko, Walter Drobenko, Drobenko Bros Realty Inc., The Cloister East, Inc.. (Attachments: #1 Exhibit Governor's Announcement).(Garson, Robert)
August 26, 2020 Filing 47 DECLARATION of Ronn Torossian in Support. Document filed by Jaroslaw Drobenko, John Drobenko, Nicholas Drobenko, Walter Drobenko, Drobenko Bros Realty Inc., The Cloister East, Inc...(Garson, Robert)
August 26, 2020 Filing 46 DECLARATION of Christopher Young in Support. Document filed by Jaroslaw Drobenko, John Drobenko, Nicholas Drobenko, Walter Drobenko, Drobenko Bros Realty Inc., The Cloister East, Inc...(Garson, Robert)
August 26, 2020 Filing 45 DECLARATION of Brian Silvestry in Support. Document filed by Jaroslaw Drobenko, John Drobenko, Nicholas Drobenko, Walter Drobenko, Drobenko Bros Realty Inc., The Cloister East, Inc...(Garson, Robert)
August 26, 2020 Filing 44 DECLARATION of Henry Rossignol in Support. Document filed by Jaroslaw Drobenko, John Drobenko, Nicholas Drobenko, Walter Drobenko, Drobenko Bros Realty Inc., The Cloister East, Inc...(Garson, Robert)
August 26, 2020 Filing 43 DECLARATION of Anil Melwani in Support. Document filed by Jaroslaw Drobenko, John Drobenko, Nicholas Drobenko, Walter Drobenko, Drobenko Bros Realty Inc., The Cloister East, Inc.. (Attachments: #1 Exhibit Financials).(Garson, Robert)
August 26, 2020 Filing 42 DECLARATION of Adrian Figueroa in Support. Document filed by Jaroslaw Drobenko, John Drobenko, Nicholas Drobenko, Walter Drobenko, Drobenko Bros Realty Inc., The Cloister East, Inc.. (Attachments: #1 Exhibit Applications, #2 Exhibit Stravelle Texts).(Garson, Robert)
August 26, 2020 Filing 41 DECLARATION of Greg Stamato in Support. Document filed by Jaroslaw Drobenko, John Drobenko, Nicholas Drobenko, Walter Drobenko, Drobenko Bros Realty Inc., The Cloister East, Inc...(Garson, Robert)
August 26, 2020 Filing 40 DECLARATION of Frank Palillo in Support. Document filed by Jaroslaw Drobenko, John Drobenko, Nicholas Drobenko, Walter Drobenko, Drobenko Bros Realty Inc., The Cloister East, Inc...(Garson, Robert)
August 26, 2020 Filing 39 DECLARATION of Jacob Pargament in Support. Document filed by Jaroslaw Drobenko, John Drobenko, Nicholas Drobenko, Walter Drobenko, Drobenko Bros Realty Inc., The Cloister East, Inc.. (Attachments: #1 Exhibit Governors Website, #2 Exhibit SLA Suspensions).(Garson, Robert)
August 26, 2020 Filing 38 REPLY MEMORANDUM OF LAW in Support of a Preliminary Injunction. Document filed by Jaroslaw Drobenko, John Drobenko, Nicholas Drobenko, Walter Drobenko, Drobenko Bros Realty Inc., The Cloister East, Inc...(Garson, Robert)
August 26, 2020 Filing 37 ELECTRONIC SUMMONS ISSUED as to Greeley Ford. (sj)
August 25, 2020 Filing 36 REQUEST FOR ISSUANCE OF SUMMONS as to Greeley Ford, re: #16 Amended Complaint,. Document filed by Jaroslaw Drobenko, John Drobenko, Nicholas Drobenko, Walter Drobenko, Drobenko Bros Realty Inc., The Cloister East, Inc...(Pargament, Jacob)
August 25, 2020 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Jacob Pargament to RE-FILE Document No. #24 Request for Issuance of Amended Summons, Request for Issuance of Summons, #21 Request for Issuance of Amended Summons, Request for Issuance of Summons. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj)
August 25, 2020 Filing 35 ELECTRONIC SUMMONS ISSUED as to Lily Fan. (sj)
August 25, 2020 Filing 34 ELECTRONIC SUMMONS ISSUED as to Vincent Bradley. (sj)
August 25, 2020 Filing 33 ELECTRONIC SUMMONS ISSUED as to Margarita Marsico. (sj)
August 25, 2020 Filing 32 ELECTRONIC SUMMONS ISSUED as to Gary Meyerhoff. (sj)
August 25, 2020 Filing 31 ELECTRONIC SUMMONS ISSUED as to Charles Stravalle. (sj)
August 25, 2020 Filing 30 DECLARATION of Mark D. Frerring in Opposition. Document filed by Vincent Bradley, Thomas Donohue, Lily Fan, Greeley Ford, Margarita Marsico, Gary Meyerhoff, New York State Liquor Authority, Charles Stravalle. (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).(Liebowitz, Benjamin)
August 25, 2020 Filing 29 NOTICE OF APPEARANCE by James Brennan Cooney on behalf of Vincent Bradley, Thomas Donohue, Lily Fan, Greeley Ford, Margarita Marsico, Gary Meyerhoff, Charles Stravalle..(Cooney, James)
August 24, 2020 Filing 28 DECLARATION of Charles Stravalle in Opposition. Document filed by Vincent Bradley, Thomas Donohue, Lily Fan, Greeley Ford, Margarita Marsico, Gary Meyerhoff, New York State Liquor Authority, Charles Stravalle. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Liebowitz, Benjamin)
August 24, 2020 Filing 27 MEMORANDUM OF LAW in Opposition to Plaintiffs' Motion for a Preliminary Injunction. Document filed by Vincent Bradley, Thomas Donohue, Lily Fan, Greeley Ford, Margarita Marsico, Gary Meyerhoff, New York State Liquor Authority, Charles Stravalle..(Liebowitz, Benjamin)
August 24, 2020 Filing 26 NOTICE OF APPEARANCE by Benjamin Daniel Liebowitz on behalf of Vincent Bradley, Thomas Donohue, Lily Fan, Greeley Ford, Margarita Marsico, Gary Meyerhoff, New York State Liquor Authority, Charles Stravalle..(Liebowitz, Benjamin)
August 24, 2020 Filing 25 REQUEST FOR ISSUANCE OF SUMMONS as to Charles Stravalle, re: #16 Amended Complaint,. Document filed by Jaroslaw Drobenko, John Drobenko, Nicholas Drobenko, Walter Drobenko, Drobenko Bros Realty Inc., The Cloister East, Inc...(Pargament, Jacob)
August 24, 2020 Filing 24 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Greeley Ford, re: #16 Amended Complaint. Document filed by Jaroslaw Drobenko, John Drobenko, Nicholas Drobenko, Walter Drobenko, Drobenko Bros Realty Inc., The Cloister East, Inc.., REQUEST FOR ISSUANCE OF SUMMONS as to Greeley Ford, re: #16 Amended Complaint,. Document filed by Jaroslaw Drobenko, John Drobenko, Nicholas Drobenko, Walter Drobenko, Drobenko Bros Realty Inc., The Cloister East, Inc..(Pargament, Jacob) Modified on 8/25/2020 (sj).
August 24, 2020 Filing 23 REQUEST FOR ISSUANCE OF SUMMONS as to Gary Meyerhoff, re: #16 Amended Complaint,. Document filed by Jaroslaw Drobenko, John Drobenko, Nicholas Drobenko, Walter Drobenko, Drobenko Bros Realty Inc., The Cloister East, Inc...(Pargament, Jacob)
August 24, 2020 Filing 22 REQUEST FOR ISSUANCE OF SUMMONS as to Margarita Marsico, re: #16 Amended Complaint,. Document filed by Jaroslaw Drobenko, John Drobenko, Nicholas Drobenko, Walter Drobenko, Drobenko Bros Realty Inc., The Cloister East, Inc...(Pargament, Jacob)
August 24, 2020 Filing 21 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Thomas Donohue, re: #16 Amended Complaint. Document filed by Jaroslaw Drobenko, John Drobenko, Nicholas Drobenko, Walter Drobenko, Drobenko Bros Realty Inc., The Cloister East, Inc.., REQUEST FOR ISSUANCE OF SUMMONS as to Thomas Donohue, re: #16 Amended Complaint. Document filed by Jaroslaw Drobenko, John Drobenko, Nicholas Drobenko, Walter Drobenko, Drobenko Bros Realty Inc., The Cloister East, Inc..(Pargament, Jacob) Modified on 8/25/2020 (sj).
August 24, 2020 Filing 20 REQUEST FOR ISSUANCE OF SUMMONS as to Vincent Bradley, re: #16 Amended Complaint,. Document filed by Jaroslaw Drobenko, John Drobenko, Nicholas Drobenko, Walter Drobenko, Drobenko Bros Realty Inc., The Cloister East, Inc...(Pargament, Jacob)
August 24, 2020 Filing 19 REQUEST FOR ISSUANCE OF SUMMONS as to Lily Fan, re: #16 Amended Complaint,. Document filed by Jaroslaw Drobenko, John Drobenko, Nicholas Drobenko, Walter Drobenko, Drobenko Bros Realty Inc., The Cloister East, Inc...(Pargament, Jacob)
August 24, 2020 Filing 18 NOTICE OF APPEARANCE by Robert David Garson on behalf of Jaroslaw Drobenko, John Drobenko, Nicholas Drobenko, Walter Drobenko, Drobenko Bros Realty Inc...(Garson, Robert)
August 24, 2020 Filing 17 NOTICE OF APPEARANCE by Jacob Pargament on behalf of Jaroslaw Drobenko, John Drobenko, Nicholas Drobenko, Walter Drobenko, Drobenko Bros Realty Inc., The Cloister East, Inc...(Pargament, Jacob)
August 24, 2020 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Kevin Kehrli. The party information for the following party/parties has been modified: Vincent Bradley, Lily Fan, Greeley Ford, Gary Meyerhoff, Margarita Marsico, Thomas Donohue, Charles Stravalle. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (pne)
August 21, 2020 Filing 16 FIRST AMENDED COMPLAINT amending #1 Complaint against New York State Liquor Authority, Vincent Bradley, Lily Fan, Greeley Ford, Gary Meyerhoff, Margarita Marsico, Thomas Donohue, Charles Stravalle.Document filed by The Cloister East, Inc., John Drobenko, Drobenko Bros Realty Inc., Walter Drobenko, Nicholas Drobenko, Jaroslaw Drobenko. Related document: #1 Complaint..(Kehrli, Kevin)
August 20, 2020 Opinion or Order Filing 15 MEMORANDUM OPINION DENYING TEMPORARY RESTRAINING ORDER: Insofar as plaintiff seeks a TRO, the application is denied.(And as further set forth herein.) SO ORDERED. (Signed by Judge Lewis A. Kaplan on 8/20/2020) (jca)
August 20, 2020 Filing 14 NOTICE OF APPEARANCE by James Brennan Cooney on behalf of New York State Liquor Authority..(Cooney, James)
August 20, 2020 Opinion or Order Filing 13 ORDER (Signed by Judge Lewis A. Kaplan on 8/20/2020) (Kaplan, Lewis)
August 19, 2020 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Telephone Conference held on 8/19/2020 regarding plaintiff's proposed order to show cause. Opposition to plaintiff's motion due by Monday, 8/24/2020. Plaintiff's reply brief due by Wednesday, 8/26/2020. (Court Reporter Marthat Martin) (Mohan, Andrew)
August 19, 2020 Filing 12 ELECTRONIC SUMMONS ISSUED as to New York State Liquor Authority..(pc)
August 18, 2020 Filing 11 LETTER addressed to Judge Lewis A. Kaplan from Kevin Kehrli dated August 18, 2020 re: Notice Given to Defendant. Document filed by The Cloister East, Inc.. (Attachments: #1 Exhibit A - "Received" Stamped Order).(Kehrli, Kevin)
August 18, 2020 Filing 10 LETTER addressed to Judge Lewis A. Kaplan from Kevin Kehrli dated August 18, 2020 re: Providing Notice of Plaintiff's Proposed Order to Show Cause with Emergency Relief. Document filed by The Cloister East, Inc...(Kehrli, Kevin)
August 18, 2020 Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to The New York State Liquor Authority, re: #1 Complaint. Document filed by The Cloister East, Inc...(Kehrli, Kevin)
August 17, 2020 Filing 8 NOTICE OF APPEARANCE by Jacob Pargament on behalf of The Cloister East, Inc...(Pargament, Jacob)
August 17, 2020 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Robert David Garson. The party information for the following party/parties has been modified: THE CLOISTER EAST, INC. d/b/a CLOISTER CAFE. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; alias was entered incorrectly. (jgo)
August 17, 2020 ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Robert David Garson. The following case opening statistical information was erroneously selected/entered: Dollar Demand $100,000;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to none;. (jgo)
August 17, 2020 Filing 7 NOTICE OF APPEARANCE by Kevin Kehrli on behalf of THE CLOISTER EAST, INC. d/b/a CLOISTER CAFE..(Kehrli, Kevin)
August 17, 2020 ***NOTICE TO COURT REGARDING PROPOSED TEMPORARY RESTRAINING ORDER. Document No. #3 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (ad)
August 17, 2020 Case Designated ECF. (jgo)
August 17, 2020 Magistrate Judge James L. Cott 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo)
August 17, 2020 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis A. Kaplan. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo)
August 17, 2020 Filing 6 DECLARATION of Nicholas Drobenko in Support re: #3 Proposed Order to Show Cause With Emergency Relief. Document filed by THE CLOISTER EAST, INC. d/b/a CLOISTER CAFE. (Attachments: #1 Exhibit Satsky, #2 Exhibit Gothamist Article, #3 Exhibit Video, #4 Exhibit Fire Guards, #5 Exhibit Video, #6 Exhibit Notice of Pleading, #7 Errata Architect, #8 Exhibit Certificates, #9 Exhibit Doctor Fact, #10 Exhibit Employees, #11 Exhibit Hookah, #12 Exhibit Fire Retardant).(Garson, Robert)
August 17, 2020 Filing 5 MEMORANDUM OF LAW in Support re: #3 Proposed Order to Show Cause With Emergency Relief . Document filed by THE CLOISTER EAST, INC. d/b/a CLOISTER CAFE..(Garson, Robert)
August 17, 2020 Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by THE CLOISTER EAST, INC. d/b/a CLOISTER CAFE..(Garson, Robert)
August 17, 2020 Filing 3 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by THE CLOISTER EAST, INC. d/b/a CLOISTER CAFE..(Garson, Robert) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
August 17, 2020 Filing 2 CIVIL COVER SHEET filed..(Garson, Robert)
August 17, 2020 Filing 1 COMPLAINT against New York State Liquor Authority. (Filing Fee $ 400.00, Receipt Number ANYSDC-21188251)Document filed by THE CLOISTER EAST, INC. d/b/a CLOISTER CAFE..(Garson, Robert)

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Search for this case: The Cloister East, Inc. v. New York State Liquor Authority
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Plaintiff: The Cloister East, Inc. doing business as Cloister Cafe
Represented By: Robert David Garson
Represented By: Kevin Kehrli
Represented By: Jacob Pargament
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Plaintiff: John Drobenko
Represented By: Kevin Kehrli
Represented By: Jacob Pargament
Represented By: Robert David Garson
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Plaintiff: Jaroslaw Drobenko
Represented By: Kevin Kehrli
Represented By: Jacob Pargament
Represented By: Robert David Garson
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Plaintiff: Walter Drobenko
Represented By: Kevin Kehrli
Represented By: Jacob Pargament
Represented By: Robert David Garson
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Plaintiff: Nicholas Drobenko
Represented By: Kevin Kehrli
Represented By: Jacob Pargament
Represented By: Robert David Garson
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Plaintiff: Drobenko Bros Realty Inc.
Represented By: Kevin Kehrli
Represented By: Jacob Pargament
Represented By: Robert David Garson
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Defendant: New York State Liquor Authority
Represented By: Benjamin Daniel Liebowitz
Represented By: James Brennan Cooney
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Defendant: Greeley Ford
Represented By: Benjamin Daniel Liebowitz
Represented By: James Brennan Cooney
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Defendant: Lily Fan
Represented By: Benjamin Daniel Liebowitz
Represented By: James Brennan Cooney
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Defendant: Charles Stravalle
Represented By: Benjamin Daniel Liebowitz
Represented By: James Brennan Cooney
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Defendant: Margarita Marsico
Represented By: Benjamin Daniel Liebowitz
Represented By: James Brennan Cooney
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Defendant: Thomas Donohue
Represented By: Benjamin Daniel Liebowitz
Represented By: James Brennan Cooney
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Defendant: Gary Meyerhoff
Represented By: Benjamin Daniel Liebowitz
Represented By: James Brennan Cooney
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Defendant: Vincent Bradley
Represented By: Benjamin Daniel Liebowitz
Represented By: James Brennan Cooney
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