Scaminaci v. Jaffrey
| Andres Scaminaci |
| Omar Jaffrey |
| Melody Wireless Infrastructure, Inc. |
| 1:2021cv00321 |
| January 14, 2021 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Mary Kay Vyskocil |
| Contract: Other |
| 28 U.S.C. § 1332 bc |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 19, 2024. A more recent docket listing may be available from PACER.
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Filing 41
WAIVER OF SERVICE RETURNED EXECUTED. Omar Jaffrey waiver sent on 1/28/2021, answer due 3/29/2021. Document filed by Andres Scaminaci..(Kasowitz, Marc)
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Filing 40
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/22/21 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)
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Filing 39
TRANSCRIPT of Proceedings re: CONFERENCE held on 1/22/2021 before Judge Mary Kay Vyskocil. Court Reporter/Transcriber: Paula Speer, (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 2/17/2021. Redacted Transcript Deadline set for 3/1/2021. Release of Transcript Restriction set for 4/27/2021..(McGuirk, Kelly)
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Filing 38
OPINON & ORDER DENYING MOTION FOR PRELIMINARY INJUNCTION: Before the Court is the motion of Plaintiff Andres Scaminaci for a preliminary injunction, ordering Defendant Omar Jaffrey to include Scaminaci in management decisions for their shared investment funds. (As further set forth in this Order.) For the reasons set forth above, Scaminaci's motion for a preliminary injunction is DENIED. (Signed by Judge Mary Kay Vyskocil on 1/27/2021) (cf)
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Filing 37
ORDER DENYING MOTION FOR PRELIMINARY INJUNCTION AND MOTION TO INTERVENE denying #13 Motion to Intervene. The Court now rules that Plaintiff's motion for a preliminary injunction is DENIED. A preliminary injunction "is an extraordinary and drastic remedy, one that should not be granted unless the movant, by a clear showing, carries the burden of persuasion." Moore v. Consol. Edison Co., 409 F.3d 506, 510 (2d Cir. 2005). The Court finds that Plaintiff has not carried his burden under Federal Rule of Civil Procedure 65(a). The Court will fully explain its reasoning in a forthcoming opinion. The Clerk of Court is respectfully directed to terminate the motion pending at docket entry 13. (Signed by Judge Mary Kay Vyskocil on 1/22/2021) (mro)
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Filing 36
SEALING ORDER granting #30 Letter Motion to Seal; granting #12 Letter Motion to Seal; granting #15 Letter Motion to Seal; granting #19 Letter Motion to Seal. The Court is in receipt of letter motions from the parties and proposed intervenor seeking to redact certain filings to protect confidential business information [ECF #12, 15, 19, 30]. These requests are GRANTED. The public has a presumptive right of access to the filings in question. See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 124 (2d Cir. 2006). However, courts in this circuit regularly permit redactions that are narrowly tailored to protect "sensitive and proprietary information." Awestruck Mktg. Grp., LLC v. Black Ops Prods., LLC, 2016 WL 8814349, at *2 (S.D.N.Y. June 20, 2016). The Court has carefully reviewed all of the redactions and finds that they are narrowly tailored to protect confidential business information. Thus, the Court will maintain the unredacted versions of the documents under seal. The Clerk of Court is respectfully directed to terminate the letter motions pending at docket entries 12, 15, 19, and 30. (Signed by Judge Mary Kay Vyskocil on 1/22/2021) (mro)
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Minute Entry for proceedings held before Judge Mary Kay Vyskocil: Telephone Conference held on 1/22/2021. (Court Reporter Paula Speer) (rz)
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Filing 35
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Melody Wireless Infrastructure, Inc...(Dunn, David)
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Filing 34
***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #13 MOTION to Intervene . . Document filed by Andres Scaminaci, Omar Jaffrey, Melody Wireless Infrastructure, Inc.. (Attachments: #1 Exhibit 1 - August 10, 2020 Email To Mishaan Declaration, #2 Exhibit 2 - October 4, 2020 Email To Mishaan Declaration, #3 Exhibit 3 - October 6, 2020 Letter To Mishaan Declaration, #4 Exhibit 4 - October 19, 2020 Letter To Mishaan Declaration, #5 Exhibit 5 - October 30, 2020 Letter To Mishaan Declaration, #6 Exhibit 6 - November 3, 2020 Letter To Mishaan Declaration, #7 Exhibit 7 - November 13, 2020 Email To Mishaan Declaration, #8 Exhibit 8 - November 18, 2020 Letter To Mishaan Declaration)Motion or Order to File Under Seal: #30 .(Kasowitz, Marc)
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Filing 33
DECLARATION of Albert Shemmy Mishaan in Opposition re: #13 MOTION to Intervene .. Document filed by Andres Scaminaci. (Attachments: #1 Exhibit 1 - Filed Under Seal, #2 Exhibit 2 - Filed Under Seal, #3 Exhibit 3 - Filed Under Seal, #4 Exhibit 4 - Filed Under Seal, #5 Exhibit 5 - Filed Under Seal, #6 Exhibit 6 - Filed Under Seal, #7 Exhibit 7 - Filed Under Seal, #8 Exhibit 8 - Filed Under Seal, #9 Exhibit 9 - January 18, 2021 Email).(Kasowitz, Marc)
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Filing 32
DECLARATION of Andres Scaminaci in Opposition re: #13 MOTION to Intervene .. Document filed by Andres Scaminaci..(Kasowitz, Marc)
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Filing 31
MEMORANDUM OF LAW in Opposition re: #13 MOTION to Intervene . (Redacted). Document filed by Andres Scaminaci..(Kasowitz, Marc)
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Filing 30
LETTER MOTION to Seal Plaintiff's Memorandum of Law in Opposition to Melody Wireless Infrastructure Inc.'s Motion to Intervene partially in order to redact certain confidential information, and that Exhibits 1 through 8 to the Declaration of Albert Shemmy Mishaan be wholly sealed in order to protect confidential information addressed to Judge Mary Kay Vyskocil from Marc E. Kasowitz dated January 21, 2021. Document filed by Andres Scaminaci..(Kasowitz, Marc)
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Filing 29
***SELECTED PARTIES***DECLARATION of Jon M. Talotta in Support re: #13 MOTION to Intervene .. Document filed by Melody Wireless Infrastructure, Inc., Omar Jaffrey, Andres Scaminaci. (Attachments: #1 Exhibit 35 - Memorandum from Hogan Lovells to Melody Capital Partners, dated October 6, 2020)Motion or Order to File Under Seal: #19 .(Dunn, David)
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Filing 28
***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #13 MOTION to Intervene . . Document filed by Melody Wireless Infrastructure, Inc., Omar Jaffrey, Andres Scaminaci. Motion or Order to File Under Seal: #15 .(Dunn, David)
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Filing 27
MEMORANDUM OF LAW in Support re: #13 MOTION to Intervene . . Document filed by Melody Wireless Infrastructure, Inc...(Dunn, David)
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Filing 26
NOTICE of of Corrected Exhibit and Exhibit References re: #22 Declaration in Support of Motion,,,,,,,,,,, #21 Memorandum of Law in Support of Motion, #20 Memorandum of Law in Support of Motion,. Document filed by Melody Wireless Infrastructure, Inc...(Dunn, David)
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Filing 25
ORDER granting #24 Motion for Brian D Sieve to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz)
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Filing 24
MOTION for Brian D. Sieve to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23597754. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Omar Jaffrey. (Attachments: #1 Declaration of Brian D. Sieve, #2 Exhibit A - Certificate, #3 Text of Proposed Order).(Sieve, Brian)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #24 MOTION for Brian D. Sieve to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23597754. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
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Filing 23
***SELECTED PARTIES***DECLARATION of Jonathan Cole in Support re: #13 MOTION to Intervene .. Document filed by Melody Wireless Infrastructure, Inc., Omar Jaffrey, Andres Scaminaci. Motion or Order to File Under Seal: #19 .(Dunn, David)
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Filing 22
***SELECTED PARTIES***DECLARATION of Jon M. Talotta in Support re: #13 MOTION to Intervene .. Document filed by Melody Wireless Infrastructure, Inc., Omar Jaffrey, Andres Scaminaci. (Attachments: #1 Exhibit 1 - Email Correspondence dated January 18, 2021, #2 Exhibit 2 - Email Correspondence dated October 5, 2020, #3 Exhibit 3 - Email Correspondence dated October 5, 2020, #4 Exhibit 5 - Email Correspondence dated July 7, 2020, #5 Exhibit 6 - Email Correspondence dated July 7, 2020, #6 Exhibit 7 - Email Correspondence dated July 8, 2020, #7 Exhibit 8 - Draft Summary of Principal Terms, dated July 10, 2020, #8 Exhibit 9 - Confidentiality Agreement between Melody Capital Group and Eldridge Business Services, dated July 9, 2020, #9 Exhibit 10 - Confidentiality Agreement between Melody Capital Group and RBC Capital Markets, dated July 15, 2020, #10 Exhibit 11 - Confidentiality Agreement between Melody Capital Group and Baupost Capital, dated July 16, 2020, #11 Exhibit 12 - Draft Digital Colony Term Sheet, dated July 17, 2020, #12 Exhibit 13 - Letter from Brian Steve to Andres Scaminaci, dated July 22, 2020, #13 Exhibit 14 - Email and Attachment dated July 23, 2020, #14 Exhibit 15 - Email and Attachment dated July 23, 2020, #15 Exhibit 16 - Email and Attachment dated July 30, 2020, #16 Exhibit 17 - Email Correspondence dated August 11, 2020, #17 Exhibit 18 - Email and Attachment dated September 11, 2020, #18 Exhibit 19 - Email Correspondence dated October 9 and 11, 2020, #19 Exhibit 20 - Email dated October 13, 2020, #20 Exhibit 21 - Email dated October 14, 2020, #21 Exhibit 22 - Email Correspondence dated October 16, 2020, #22 Exhibit 23 - Email Correspondence dated October 18, 2020, #23 Exhibit 24 - Email Correspondence dated October 18, 2020, #24 Exhibit 25 - Email dated October 20, 2020, #25 Exhibit 26 - Email dated November 17, 2020, #26 Exhibit 27 - Email and Attachment dated November 3, 2020, #27 Exhibit 28 - Email and Attachment dated November 9, 2020, #28 Exhibit 29 - Email Correspondence dated November 11, 2020, #29 Exhibit 30 - Email Correspondence dated November 22, 2020, #30 Exhibit 31 - Email dated November 24, 2020, #31 Exhibit 32 - Email Correspondence dated January 12, 2021, #32 Exhibit 33 - Email dated January 13, 2021, #33 Exhibit 34 - Letter from Marc Kasowitz to Jonathan Cole, dated October 19, 2020, #34 Exhibit 35 - Memorandum from Hogan Lovells to Melody Capital Partners, dated October 6, 2020, #35 Exhibit 36 - Letter from Marc Kasowitz to Brian Sieve, dated November 10, 2020, #36 Exhibit 37 - Financial summary model, #37 Exhibit 38 - Presentation dated June 2020, #38 Exhibit 39 - Email Correspondence dated July 7, 2020, #39 Exhibit 40 - Email Correspondence dated October 22, 2020)Motion or Order to File Under Seal: #19 .(Dunn, David)
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Filing 21
***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #13 MOTION to Intervene . . Document filed by Melody Wireless Infrastructure, Inc., Omar Jaffrey, Andres Scaminaci. (Attachments: #1 Exhibit A - Melody Wireless Infrastructure, Inc.'s Memorandum in Opposition to Plaintiff's Request for Emergency Relief Pending a Hearing on his Motion for a Preliminary Injunction)Motion or Order to File Under Seal: #15 .(Dunn, David)
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Filing 20
MEMORANDUM OF LAW in Support re: #13 MOTION to Intervene . . Document filed by Melody Wireless Infrastructure, Inc.. (Attachments: #1 Exhibit 1 - 40 (Filed Under Seal), #2 Exhibit A - Melody Wireless Infrastructure, Inc.'s Memorandum of Law in Opposition to Plaintiff's Request for Emergency Interim Relief Pending a Hearing on His Motion for a Preliminary Injunction (Redacted)).(Dunn, David)
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Filing 19
LETTER MOTION to Seal certain exhibits attached to Melody Wireless's Motion to Intervene for the Limited Purpose of Opposing Plaintiff's Request for Injunctive Relief, and the Declaration of Jonathan Cole and Declaration of Jon Talotta in support of the Intervention Motion addressed to Judge Mary Kay Vyskocil from David Dunn dated January 19, 2021. Document filed by Melody Wireless Infrastructure, Inc...(Dunn, David)
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Filing 18
***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #4 Proposed Order to Show Cause With Emergency Relief, . Document filed by Omar Jaffrey, Melody Wireless Infrastructure, Inc., Andres Scaminaci. (Attachments: #1 Affidavit Sealed-Highlighted Declaration of Omar Jaffrey, #2 Exhibit 3 to the Fritzler Declaration Sealed-Highlighted)Motion or Order to File Under Seal: #15 .(Fritzler, Rachel)
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Filing 17
DECLARATION of Omar Jaffrey in Opposition re: #4 Proposed Order to Show Cause With Emergency Relief,. Document filed by Omar Jaffrey..(Fritzler, Rachel)
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Filing 16
DECLARATION of Rachel M. Fritzler in Opposition re: #4 Proposed Order to Show Cause With Emergency Relief,. Document filed by Omar Jaffrey. (Attachments: #1 Exhibit 1 - 2018 Agreement, #2 Exhibit 2 - E-Mail from D. Dunn, #3 Exhibit 3 - [Redacted] Term Sheet).(Fritzler, Rachel)
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Filing 15
LETTER MOTION to Seal certain confidential information contained in Melody Wireless's Proposed Memorandum of Law in Opposition to Plaintiff's Motion for a Preliminary Injunction addressed to Judge Mary Kay Vyskocil from David Dunn dated January 19, 2021. Document filed by Melody Wireless Infrastructure, Inc...(Dunn, David)
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Filing 14
MEMORANDUM OF LAW in Opposition re: #4 Proposed Order to Show Cause With Emergency Relief, . Document filed by Omar Jaffrey..(Fritzler, Rachel)
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Filing 13
MOTION to Intervene . Document filed by Melody Wireless Infrastructure, Inc...(Dunn, David)
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Filing 12
LETTER MOTION to Seal addressed to Judge Mary Kay Vyskocil from Rachel M. Fritzler dated January 19, 2021. Document filed by Omar Jaffrey..(Fritzler, Rachel)
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Filing 11
NOTICE OF APPEARANCE by Byron De Angelo Mille Pacheco on behalf of Omar Jaffrey..(Pacheco, Byron)
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Filing 10
ORDER; The Court is in receipt of Plaintiff's application for a preliminary injunction [ECF #4, 6, 7, 8]. IT IS HEREBY ORDERED that Defendant shall file any response by January 19, 2021 at 9:00 AM. IT IS FURTHER ORDERED that the parties shall appear for a hearing on Plaintiff's application for a preliminary injunction on January 22, 2021 at 11:00 AM. The hearing will be held by telephone. To join, dial 888-278-0296 at the scheduled time. When prompted, enter Access Code 5195844. (Telephone Conference set for 1/22/2021 at 11:00 AM before Judge Mary Kay Vyskocil.) (Signed by Judge Mary Kay Vyskocil on 1/14/2021) (rro)
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Filing 9
NOTICE OF APPEARANCE by Rachel Marie Fritzler on behalf of Omar Jaffrey..(Fritzler, Rachel)
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Filing 8
MEMORANDUM OF LAW in Support re: #4 Proposed Order to Show Cause With Emergency Relief, . Document filed by Andres Scaminaci..(Kasowitz, Marc)
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Filing 7
DECLARATION of Albert Shemmy Mishaan in Support re: #4 Proposed Order to Show Cause With Emergency Relief,. Document filed by Andres Scaminaci. (Attachments: #1 Exhibit 1. Abbreviated Organizational Chart, #2 Exhibit 2. March 30, 2020 Compensation and Governance Agreement, #3 Exhibit 3. Melody Telecom Land Offshore Fund L.P. LPA, #4 Exhibit 4. Melody Telecom Land Onshore Fund L.P. LPA, #5 Exhibit 5. Excerpted September 2019 Presentation, #6 Exhibit 6. May 11, 2020 MIA Press Release, #7 Exhibit 7. June 2, 2020 MIA Press Release, #8 Exhibit 8. September 1, 2020 MIA Press Release, #9 Exhibit 9. October 6, 2020 MIA Press Release, #10 Exhibit 10. October 20, 2020 Article, #11 Exhibit 11. Scaminaci Melody Website Profile, #12 Exhibit 12. July 30, 2020 Letter, #13 Exhibit 13. July 31, 2020 Email, #14 Exhibit 14. August 7, 2020 Email, #15 Exhibit 15. August 7, 2020 Letter, #16 Exhibit 16. October 6, 2020 Letter, #17 Exhibit 17. October 30, 2020 Letter).(Kasowitz, Marc)
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Filing 6
DECLARATION of Andres Scaminaci in Support re: #4 Proposed Order to Show Cause With Emergency Relief,. Document filed by Andres Scaminaci..(Kasowitz, Marc)
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Filing 5
ELECTRONIC SUMMONS ISSUED as to Omar Jaffrey..(jgo)
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Filing 4
PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Andres Scaminaci. (Attachments: #1 Text of Proposed Order).(Kasowitz, Marc) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Omar Jaffrey, re: #1 Complaint. Document filed by Andres Scaminaci..(Kasowitz, Marc)
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Filing 2
CIVIL COVER SHEET filed..(Kasowitz, Marc)
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Filing 1
COMPLAINT against Omar Jaffrey. (Filing Fee $ 402.00, Receipt Number ANYSDC-23509088)Document filed by Andres Scaminaci..(Kasowitz, Marc)
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Magistrate Judge Ona T. Wang 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)
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Case Designated ECF. (jgo)
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***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #4 Proposed Order to Show Cause With Emergency Relief, was reviewed and approved as to form. (dt)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. 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)
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