42 West LLC v. Gould
| 42 West LLC |
| Alexander S. Gould and Alex Gould |
| 1:2021cv01581 |
| February 22, 2021 |
| US District Court for the Southern District of New York |
| Victor Marrero |
| Ona T Wang |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 42 LETTER addressed to Magistrate Judge Ona T. Wang from A. Gould dated 2/15/22 re: "DEFENDANT'S REQUEST TO APPEAR BY ZOOM/VIDEO FOR AN IN-PERSON STATUS CONFERENCE(2/16/22, 12PM EST)." Document filed by Alexander S. Gould.(sc) |
| Filing 41 AFFIDAVIT OF SERVICE of 02/08/2022 Order served on Alexander Gould on 02/08/2022. Service was made by overnight mail. Document filed by 42 West LLC. (Attachments: #1 Affidavit, #2 Affidavit).(Paxton, Lauren) |
Filing 40
ORDER As early as November 1, 2021, Plaintiff had represented that the parties had reached a settlement in principle, but identified certain concerns with finalizing the settlement. (ECF 28). The Court held numerous status calls to ensure that the settlement could be swiftly consummated before the end of 2021, and pro se Defendant made certain confidential representations to the Court regarding settlement, as well as on-the-record statements indicating that settlement was imminent on November 29, 2021. (ECF 35). It is now February 2022, and the Court is concerned that pro se Defendant is not taking his litigation obligations seriously (see ECF 35, 37, 39), and that his prior representations to the Court were not truthful and/or in good faith. Accordingly, the telephonic status conference set for today is ADJOURNED. The Court will hold an in-person status conference on Wednesday, February 16, 2022 at 12:00 p.m. EST in Courtroom 20D, 500 Pearl Street, New York, NY 10010. If Defendant has retained counsel, such counsel must file a notice of appearance before the conference; otherwise, counsel will not be permitted to speak at the conference. In person attendance at the conference by Defendant or counsel admitted in this District is mandatory; failure to comply with this Order may result in sanctions, including a finding of default and/or contempt of court, pursuant to Fed. R. Civ. P. 16(f), 37(b)(2)(A)(ii)-(vii), 18 U.S.C. 401, and/or the Courts inherent authority. Plaintiff shall promptly serve a copy of this Order on Defendant and file proof of service by February 9, 2022. (Signed by Magistrate Judge Ona T. Wang on February 8, 2022) (rlf)
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| Filing 39 LETTER addressed to Magistrate Judge Ona T. Wang from Lauren Paxton, Esq. dated 2/3/2022 re: Status Letter. Document filed by 42 West LLC..(Paxton, Lauren) |
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Filing 38
ORDER re: #37 Letter filed by 42 West LLC. The Court has reviewed ECF 37. Discovery is extended to March 11, 2022. The post-discovery conference scheduled for January 18, 2022 is adjourned and converted to a telephonic status conference on February 8, 2022 at 2:30 p.m. EST. The dial in information is (866) 390-1828, access code 1582687. A status letter with a proposed conference agenda is due February 3, 2022. Plaintiff is directed to promptly serve this Order on the pro se Defendant. SO ORDERED. ( Discovery due by 3/11/2022., Telephone Conference set for 2/8/2022 at 02:30 PM before Magistrate Judge Ona T. Wang.) (Signed by Magistrate Judge Ona T. Wang on 1/10/2022) (kv)
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| Filing 37 LETTER addressed to Magistrate Judge Ona T. Wang from Lauren Paxton, Esq. dated January 7, 2022 re: Request for Extension of Discovery Deadline. Document filed by 42 West LLC..(Paxton, Lauren) |
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Filing 36
ORDER: The Court has reviewed ECF 35. Plaintiff's request to proceed with discovery is GRANTED. Discovery shall be complete by January 11, 2022. The Court will hold an in-person post-discovery status conference on January 18, 2022 at 3:00 p.m. EST in Courtroom 20D, 500 Pearl Street, New York, NY 10007. Plaintiff shall promptly provide pro se Defendant with a copy of this Order. ( Discovery due by 1/11/2022.), ( Status Conference set for 1/18/2022 at 03:00 PM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ona T. Wang.) (Signed by Magistrate Judge Ona T. Wang on 11/30/2021) (ate)
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| Filing 35 LETTER addressed to Magistrate Judge Ona T. Wang from Lauren Paxton, Esq. dated 11/29/2021 re: Joint Status Letter. Document filed by 42 West LLC..(Paxton, Lauren) |
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Filing 34
ORDER: Pursuant to the instructions given at today's conference, the parties shall file a joint status letter by 5:00 p.m. EST on November 29, 2021. Plaintiff is directed to serve this Order on the pro se Defendant by November 24, 2021. So Ordered. (Signed by Magistrate Judge Ona T. Wang on 11/23/2021) (js)
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| Minute Entry for proceedings held before Magistrate Judge Ona T. Wang: Status Conference held on 11/23/2021. (Quinn, Diane) |
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Filing 33
ORDER Defendant's email request to adjourn today's 4:30 p.m. EST conference is DENIED. The parties are directed to appear for today's telephonic conference as originally scheduled. The dial in information is (866) 390-1828, access code 1582687. (Signed by Magistrate Judge Ona T. Wang on November 23, 2021) (rlf)
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Filing 32
ORDER: The Court will hold another confidential settlement status conference today, November 23, 2021 at 4:30 p.m. EST. The dial in information is (866) 390-1828, access code 1582687. Plaintiff is directed to promptly email this Order to the pro se Defendant. SO ORDERED. ( Telephone Conference set for 11/23/2021 at 04:30 PM before Magistrate Judge Ona T. Wang.) (Signed by Magistrate Judge Ona T. Wang on 11/23/2021) (rro)
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| LETTER addressed to Magistrate Judge Ona T. Wang from Alexander S. Gould, dated 11/23/21 re: "DEFENDANT REQUEST AND PLAINTIFF CONSENT TO POSTPONE STATUS UPDATE CALL"- I proposed a continuance of today's 4:30 pm ET call to tomorrow at 4:30 pm ET due to a bank update this morning regarding delivery of my token, which should take place sometime tomorrow. Plaintiff's counsel consented, but is traveling and asked that I write the Court directly. Document filed by Alexander S. Gould.(sc) |
| Minute Entry for proceedings held before Magistrate Judge Ona T. Wang: Status Conference held on 11/22/2021. (Quinn, Diane) |
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Filing 31
ORDER: The Court will hold a confidential settlement status conference on November 22, 2021 at 12:00 p.m. EST. The dial in information is (866) 390-1828, access code 1582687. Plaintiff is directed to promptly email this Order to the pro se Defendant. SO ORDERED. ( Telephone Conference set for 11/22/2021 at 12:00 PM before Magistrate Judge Ona T. Wang.) (Signed by Magistrate Judge Ona T. Wang on 11/15/2021) (vfr)
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| Minute Entry for proceedings held before Magistrate Judge Ona T. Wang: Status Conference held on 11/12/2021. (Quinn, Diane) |
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Filing 30
ORDER: The November 3, 2021 Status Conference is adjourned to November 12, 2021 at 2:30 p.m. EST. The conference will be held telephonically. The dial in information is (866) 390-1828, access code 1582687. Plaintiff is directed to promptly serve this Order on the pro se Defendant. SO ORDERED. (Telephone Conference set for 11/12/2021 at 02:30 PM before Magistrate Judge Ona T. Wang.) (Signed by Magistrate Judge Ona T. Wang on 11/2/2021) (rro)
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| Filing 29 LETTER addressed to Magistrate Judge Ona T. Wang from Alexander S. Gould, dated 11/1/21 re: I write in accordance with the Court's 10/29/21 Order directing the submission of a joint status letter etc. The plaintiff was unable to submit this letter jointly for reasons it articulated. Please accept this letter on my behalf: With respect to my availability for the in-person conference on 11/3/21, I will be traveling internationally, departing the evening of 11/2/21, with arrival at my destination on 11/3/21 with one layover. I could potentially participate telephonically in the conference by 1:30 pm EST or later on 11/3/21, but I am far from sure of this and reluctant to commit to that time given the uncertainty around the travel. Should the Court require me to be physically present at such a conference, I could make a trip to New York to appear in person the week of 11/15/21 and could be there as soon as that Monday, 11/15/21 etc. Document filed by Alexander S. Gould..(sc) |
| Filing 28 STATUS REPORT. Plaintiff's Status Letter in Advance of November 3, 2021 Status Conference Document filed by 42 West LLC..(Paxton, Lauren) |
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Filing 27
ORDER: Pursuant to ECF 23, the Court will hold a Status Conference on November 3, 2021 at 11:30 a.m. in Courtroom 20D, 500 Pearl Street, New York, NY 10007. By November 1, 2021, the parties shall meet and confer and file a joint letter addressing: (1) whether they are available to hold the conference at 1:30 p.m. or 2:00 p.m. instead of 11:30 a.m. and (2) their proposed agenda for the conference. Any request to hold the conference telephonically must be filed by November 1, 2021. Plaintiff is directed to promptly serve this Order and ECF 23, 25, and 26 on the pro se Defendant. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 10/29/2021) (rro)
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| Filing 26 LETTER addressed to Magistrate Judge Ona T. Wang from Lauren Paxton, Esq. dated 10/13/21 re: Discovery Status Letter. Document filed by 42 West LLC..(Paxton, Lauren) |
| Filing 25 MEMORANDUM OF LAW in Opposition re: #6 LETTER MOTION to Seal addressed to Judge Victor Marrero from Lauren M. Paxton dated February 19, 2021. . Document filed by 42 West LLC..(Paxton, Lauren) |
| Filing 24 LETTER from A. Gould, dated 9/16/21 re: "DEFENDANT'S RESPONSE TO PLAINTIFF'S CLAIM TO SEAL THE COMPLAINT"- Defendant asks that the Court permanently seal the redacted portions of the Complaint. Should this not be possible, Defendant requests that the Court continue the temporary sealing of the redacted portions of the Complaint during the discovery period this Autumn 2021 and revisit the issue at the end of discovery at the mandatory settlement conference in January 2022 etc. Document filed by Alexander S. Gould.(sc) |
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Filing 23
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: The parties may amend the pleadings or join additional parties until December 24, 2021. Defendant's response to Plaintiff's motion to seal the complaint (ECF 6) is due September 16, 2021. Fact and expect discovery shall be completed by December 30, 2021. The parties shall file a joint letter regarding the status of discovery by October 13, 2021. The parties are directed to appear for a status conference on November 3, 2021 at 11:30 a.m. in Courtroom 20D, 500 Pearl Street, New York, NY 10007. Amended Pleadings due by 12/24/2021. Joinder of Parties due by 12/24/2021. Responses due by 9/16/2021 Fact Discovery due by 12/30/2021. Expert Discovery due by 12/30/2021. Status Conference set for 11/3/2021 at 11:30 AM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ona T. Wang. (Signed by Magistrate Judge Ona T. Wang on 9/13/2021) (rro)
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Filing 22
NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE: by 42 West LLC, Alexander S. Gould. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Ona T. Wang. IT IS ORDERED. (Signed by Judge Victor Marrero on 9/02/2021) (ama)
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Filing 21
ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Consent under 28 U.S.C. 636(c) for all purposes (including trial). Referred to Magistrate Judge Ona T. Wang. SO ORDERED. (Signed by Judge Victor Marrero on 9/02/2021) (ama)
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Filing 20
ENDORSED LETTER: addressed to Judge Victor Marrero from Lauren M. Paxton, Esq. dated 8/27/2021 re: The undersigned law firm is counsel to Plaintiff 42West LLC ("42West") in the above-referenced matter. We write in accordance with the Court's July 27, 2021 Order directing the submission of a joint proposal regarding the Case Management Plan. Please accept this letter on behalf of both parties in this matter, pursuant to the Court's Pretrial Scheduling Order. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Plaintiff and Defendant. So Ordered. (Signed by Judge Victor Marrero on 8/31/2021) (js)
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Filing 19
ORDER: Accordingly, the parties are hereby directed to submit a joint letter, within thirty (30) days of the date of this Order, addressing the following in separate paragraphs: (1) a brief description of the case, including the factual and legal bases for the claim(s) and defense(s); (2) any contemplated motions; (3) the prospect for settlement; and (4) whether the parties consent to proceed for all purposes before the Magistrate Judge designated for this action. The parties are also directed to submit a completed Case Management Plan that provides that discovery is to be completed within four months unless otherwise permitted by the Court. A model Case Management Plan is available on the Court's website: https://nysd.uscourts.gov/hon-victor- marrero. Submissions must be made in accordance with Judge Marrero's Emergency Individual Rules and Practices in Light of COVID-19, available at the Court's website. So Ordered. (Signed by Judge Victor Marrero on 7/27/2021) (js)
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| FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 7/23/2021 at 12:00 PM through video conference.(ah) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 8/6/2021.(ah) |
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Filing 17
MEDIATION REFERRAL ORDER: Accordingly, it is hereby ORDERED that this case is referred to the Courts Mediation Program for further proceedings. The parties are hereby notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith, during which time discovery shall be stayed. Except upon leave of this Court otherwise granted, the mediation proceedings will have no effect upon anyscheduling Order issued by this Court. Mediators will be assigned based on the nature of suit. Additional expertise requests should promptly be directed to the Mediation Office. SO ORDERED. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. So Ordered. Mediator to be Assigned by 6/28/2021. (Signed by Judge Victor Marrero on 6/16/2021) (js)
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| Filing 16 DEFENDANT RESPONSE TO PLAINTIFF'S CLAIM(ANSWER to #7 Complaint). Document filed by Alexander S. Gould.(sc) |
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Filing 15
ORDER: Accordingly, it is hereby ORDERED that, to the extent Gould requests any further extension of time, the request is DENIED; and it is further ORDERED that Gould is directed to answer or otherwise respond to the Complaint by filing in the public docket within 21 days of the date of this Order. The Court notes that an e- mail to Chambers will not satisfy this Order and directs Gould to the resources available on the Court's website: https://www.nysd.uscourts.gov/prose should he continue to proceed pro se. In the event no timely response to this Orderis submitted, Plaintiff may move for default judgment. So Ordered. (Signed by Judge Victor Marrero on 5/25/2021) (js)
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Filing 14
ORDER: Accordingly, it is hereby ORDERED that Gould's deadline to answer or otherwise respond to the Complaint is extended by 30 days, from April 22, 2021 to May 24, 2021. So Ordered. Alexander S. Gould answer due 5/24/2021. (Signed by Judge Victor Marrero on 4/23/2021) (js)
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| Filing 13 LETTER addressed to Judge Victor Marrero from Lauren M. Paxton dated 03/25/2021 re: Record Clarification - Settlement Discussions are Not in Progress, Contrary to Defendant's Representation by Email. Document filed by 42 West LLC. (Attachments: #1 Exhibit Exhibit A).(Paxton, Lauren) |
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Filing 12
ORDER: By e-mail to chambers dated March 23, 2021, Defendant Alexander S. Gould ("Gould") requests a 1-month extension of his deadline to answer or otherwise respond to the Complaint. Gould represents that he is currently unrepresented in this action and is in the midst of settlement negotiations, which he believes will resolve within a month's time. Accordingly, it is hereby ORDERED that Gould's deadline to answer or otherwise respond to the Complaint is extended by 30 days, from March 23, 2021 to April 22, 2021. So Ordered. Alexander S. Gould answer due 4/22/2021. (Signed by Judge Victor Marrero on 3/23/2021) (js)
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| Filing 11 SUMMONS RETURNED EXECUTED. Alexander S. Gould served on 3/2/2021, answer due 3/23/2021. Service was accepted by Alexander S. Gould. Document filed by 42 West LLC..(Paxton, Lauren) |
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Filing 10
ORDER granting #6 Letter Motion to Seal. The request is granted. Plaintiff is hereby authorized to file the Complaint and exhibits referred to above under temporary seal. SO ORDERED.. (Signed by Judge Victor Marrero on 2/25/2021) (ks)
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| Filing 9 ELECTRONIC SUMMONS ISSUED as to Alexander S. Gould..(jgo) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Alexander S. Gould, re: #7 Complaint,. Document filed by 42 West LLC..(Paxton, Lauren) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Lauren M. Paxton to RE-FILE Document No. #4 Request for Issuance of Summons. The filing is deficient for the following reason(s): summons request must be linked to the properly filed pleading (Doc. 7). 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. (jgo) |
| Filing 7 COMPLAINT against Alexander S. Gould. Document filed by 42 West LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I).(Paxton, Lauren) |
| Filing 6 LETTER MOTION to Seal addressed to Judge Victor Marrero from Lauren M. Paxton dated February 19, 2021. Document filed by 42 West LLC..(Paxton, Lauren) |
| Filing 5 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against 42 West LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-24051887)Document filed by 42 West LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I).(Paxton, Lauren) Modified on 2/23/2021 (pc). |
| Filing 4 FILING ERROR - SUMMONS REQUEST FILING ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Alexander S. Gould, re: #1 Complaint,. Document filed by 42 West LLC..(Paxton, Lauren) Modified on 2/24/2021 (jgo). |
| Filing 3 CIVIL COVER SHEET filed..(Paxton, Lauren) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Lauren M. Paxton. The following case opening statistical information was erroneously selected/entered: Fee Status code none (no fee required);. The following correction(s) have been made to your case entry: the Fee Status code has been modified to pd (paid);. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Lauren M. Paxton to RE-FILE Document No. #1 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 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. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Lauren M. Paxton to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Civil cover sheet was not signed. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Lauren M. Paxton. The party information for the following party/parties has been modified: 42West LLC, Alexander S. Gould. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party role was entered incorrectly; alias party name was omitted;. (pc) |
| Case Designated ECF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Lauren M. Paxton to RE-FILE Document No. #5 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 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. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Victor Marrero. 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..(pc) |
| 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. (pc) |
| Filing 2 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - CIVIL COVER SHEET filed..(Paxton, Lauren) Modified on 2/23/2021 (pc). |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against 42West LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-24032486)Document filed by 42West LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I).(Paxton, Lauren) Modified on 2/23/2021 (pc). |
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