Mata v. Avianca, Inc.
| Roberto Mata and Mr. Roberto Mata |
| Avianca, Inc. |
| 1:2022cv01461 |
| February 22, 2022 |
| US District Court for the Southern District of New York |
| P Kevin Castel |
| Airplane |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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This docket was last retrieved on July 7, 2023. A more recent docket listing may be available from PACER.
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Filing 53
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 6/8/2023 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 52
TRANSCRIPT of Proceedings re: HEARING held on 6/8/2023 before Judge P. Kevin Castel. Court Reporter/Transcriber: Steven Greenblum, (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 7/7/2023. Redacted Transcript Deadline set for 7/17/2023. Release of Transcript Restriction set for 9/14/2023..(McGuirk, Kelly)
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Filing 49
AMENDED MEMORANDUM OF LAW re: 33 Order to Show Cause,,,,,,,,,,, . Document filed by Levidow, Levidow & Oberman, P.C., Steven Schwartz..(Maulsby, Tyler)
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Minute Entry for proceedings held before Judge P. Kevin Castel: Show Cause Hearing held on 6/8/2023. The Court took testimony of respondents. Court reserves decision. (Court Reporter Steven Greenblum) (Nacanther, Florence)
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Filing 51
AFFIDAVIT of Gregory C. Belmont IN SUPPORT OF MOTION FOR LEAVE TO FILE PROPOSED AMICUS BRIEF, re: 50 Letter(motion). (sc)
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Filing 50
LETTER from Gregory Belmont and Cerebel Legal Intelligence, dated 6/7/23 re: I write to request leave to file the accompanying Proposed Amicus Brief in this matter to support the Court's consideration of its 5/26/23 Order to Show Cause at the hearing scheduled on 6/8/23 etc. Should the Court grant leave to file the Proposed Brief, I would make myself available at the hearing scheduled on 6/8/23 to provide whatever assistance might allow etc. (Attachments: # 1 Proposed Amicus Brief)(sc)
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Filing 48
DECLARATION of Ashley K. Alger re: 33 Order to Show Cause,,,,,,,,,,, . Document filed by Levidow, Levidow & Oberman, P.C., Steven Schwartz. (Attachments: # 1 Exhibit A (part 1), # 2 Exhibit A (part 2), # 3 Exhibit A (part 3), # 4 Exhibit A (part 4), # 5 Exhibit B, # 6 Exhibit C (part 1), # 7 Exhibit C (part 2), # 8 Exhibit C (part 3), # 9 Exhibit D, # 10 Exhibit E (part 1), # 11 Exhibit E (part 2), # 12 Exhibit E (part 3)).(Maulsby, Tyler)
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Filing 47
DECLARATION of Thomas R. Corvino, Esq. re: 33 Order to Show Cause,,,,,,,,,,, . Document filed by Levidow, Levidow & Oberman, P.C., Steven Schwartz..(Maulsby, Tyler)
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Filing 46
DECLARATION of Steven A. Schwartz, Esq. re: 33 Order to Show Cause,,,,,,,,,,, . Document filed by Levidow, Levidow & Oberman, P.C., Steven Schwartz. (Attachments: # 1 Exhibit A, # 2 Exhibit B).(Maulsby, Tyler)
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Filing 45
MEMORANDUM OF LAW re: 33 Order to Show Cause,,,,,,,,,,, . Document filed by Levidow, Levidow & Oberman, P.C., Steven Schwartz..(Maulsby, Tyler)
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Filing 44
DECLARATION of Catherine M. Foti re: 33 Order to Show Cause,,,,,,,,,,, . Document filed by Peter Loduca. (Attachments: # 1 Exhibit Declaration of Peter LoDuca).(Foti, Catherine)
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Filing 43
JOINT LETTER addressed to Judge P. Kevin Castel from Tyler Maulsby dated June 2, 2023 re: individuals available to present testimony at the June 8, 2023 hearing. Document filed by Levidow, Levidow & Oberman, P.C., Steven Schwartz..(Maulsby, Tyler)
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Filing 42
MEMO ENDORSEMENT: on re: 41 Letter filed by Peter Loduca. ENDORSEMENT: Mr. LoDuca is differently situated from Mr. Schwartz and the Firm. He has awarded himself of a full and fair opportunity to respond to the Court's OSC regarding non-existent case law and three (3) possible grounds for sanctions. He is not entitled to a do-over. The only point of response to to the supplemental OSC of May 26 is whether he, in fact, physically appeared before Mr. Schwartz, a notary public, on April 25, 2023 and took an oath to tell the truth. That should be a simple and straight forward matter. But if he needs until June 6, 2023 to respond on this point he may have the time. Application Granted. SO ORDERED., ( Show Cause Response due by 6/6/2023.) (Signed by Judge P. Kevin Castel on 6/01/2023) (ama)
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Filing 41
LETTER addressed to Judge P. Kevin Castel from Catherine M. Foti dated June 1, 2023 re: Extension to respond to Order to Show Cause dated May 26, 2023. Document filed by Peter Loduca..(Foti, Catherine)
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Filing 40
NOTICE OF APPEARANCE by Penina Moisa on behalf of Peter Loduca..(Moisa, Penina)
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Filing 39
NOTICE OF APPEARANCE by Catherine Foti on behalf of Peter Loduca..(Foti, Catherine)
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Filing 38
ORDER: granting 37 Letter Motion for Extension of Time. The time for the written response of Mr. Schwartz and the Firm to the OSC is extended to June 6, 2023. The Hearing remains scheduled for June 8, 2023. SO ORDERED. Show Cause Response due by 6/6/2023. (Signed by Judge P. Kevin Castel on 5/31/2023) (ama)
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Filing 37
CONSENT LETTER MOTION for Extension of Time to Submit Responses to Order to Show Cause dated May 26, 2023 addressed to Judge P. Kevin Castel from Tyler Maulsby dated May 31, 2023. Document filed by Levidow, Levidow & Oberman, P.C., Steven Schwartz..(Maulsby, Tyler)
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Set/Reset Hearings: Show Cause Hearing set for 6/8/2023 at 12:00 PM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel. (ama)
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Filing 36
NOTICE OF APPEARANCE by Ashley Kirsten Alger on behalf of Levidow, Levidow & Oberman, P.C., Steven Schwartz..(Alger, Ashley)
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Filing 35
NOTICE OF APPEARANCE by Tyler Maulsby on behalf of Levidow, Levidow & Oberman, P.C., Steven Schwartz..(Maulsby, Tyler)
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Filing 34
NOTICE OF APPEARANCE by Ronald Charles Minkoff on behalf of Levidow, Levidow & Oberman, P.C., Steven Schwartz..(Minkoff, Ronald)
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Filing 33
ORDER TO SHOW CAUSE: This Order incorporates the Court's Order of May 4, 2023. Having received and reviewed the "Affidavit in Response to Order of May 4, 2023" filed by Peter LoDuca and the Affidavit of Steven A. Schwartz annexed thereto (ECF 32), the Court ORDERS as follows: Let Mr. LoDuca also show cause at the hearing of June 8, 2023 why he ought not be sanctioned pursuant to (1) Rule 11(b)(2) & (c), Fed. R. Civ. P., (2) 28 U.S.C. § 1927, and (3) the inherent power of the Court for the use of a false and fraudulent notarization in his affidavit filed on April 25, 2023 (ECF 29). Let the law firm of Levidow, Levidow & Oberman, P.C. (the "Levidow Firm"), show cause at the hearing of June 8, 2023 why it not be sanctioned pursuant to (1) Rule 11(b)(2) & (c), Fed. R. Civ. P., (2) 28 U.S.C. § 1927, and (3) the inherent power of the Court for the following: (A) the citation of non-existent cases to the Court in the Affirmation in Opposition filed on March 1, 2023 (ECF 21); (B) the submission to the Court of copies of non-existent judicial opinions annexed to the Affidavit filed on April 25, 2023; and (C) the use of a false and fraudulent notarization in the affidavit filed on April 25, 2023. Let Steven Schwartz show cause at the hearing of June 8, 2023 why he ought not be sanctioned pursuant to (1) Rule 11(b)(2) & (c), Fed. R. Civ. P., (2) 28 U.S.C. § 1927, and (3) the inherent power of the Court and referred to the Attorney Grievance Committee of the Appellate Division, First Department, and/or the Committee on Grievances of this District for aiding and causing (A) the citation of non-existent cases to the Court in the Affirmation in Opposition filed on March 1, 2023; (B) the submission to the Court of copies of non-existent judicial opinions annexed to the Affidavit filed on April 25, 2023; and (C) the use of a false and fraudulent notarization in the affidavit filed on April 25, 2023. Mr. LoDuca is ordered to serve a copy of this Order to Show Cause upon his employer, the law firm of Levidow, Levidow & Oberman, P.C., and upon Mr. Schwartz, who Mr. LoDuca states he intends to call as a witness at the hearing of June 8, 2023. Mr. Schwartz and the Levidow Firm shall submit a written response to this Order and Mr. LoDuca shall submit a supplemental written response to this Order by June 2, 2023. If Mr. LoDuca, Mr. Schwartz or the Levidow Firm wishes to call live witnesses at the June 8, 2023 hearing, subject to cross-examination, they shall identify them in writing by June 2, 2023. SO ORDERED. Show Cause Hearing set for 6/8/2023 at 12:00 PM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 5/26/2023) (ama)
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Filing 32
AFFIDAVIT of Peter LoDuca in Opposition re: 16 MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6).. Document filed by Roberto Mata. (Attachments: # 1 Affidavit Affidavit of Steven Schwartz).(LoDuca, Peter)
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Filing 31
ORDER TO SHOW CAUSE: Let Peter LoDuca, counsel for plaintiff, show cause in person at 12 noon on June 8, 2023 in Courtroom 11D, 500 Pearl Street, New York, NY, why he ought not be sanctioned pursuant to: (1) Rule 11(b)(2) & (c), Fed. R. Civ. P., (2) 28 U.S.C. § 1927, and (3) the inherent power of the Court, for (A) citing non-existent cases to the Court in his Affirmation in Opposition (ECF 21), and (B) submitting to the Court annexed to his Affidavit filed April 25, 2023 copies of non-existent judicial opinions (ECF 29).2 Mr. LoDuca shall also file a written response to this Order by May 26, 2023. If Mr. LoDuca wishes to call live witnesses at the June 8, 2023 hearing, subject to cross-examination, he shall state so in his submission of May 26, identifying the name of the witness or witnesses. Defendant may respond by June 2, 2023. And as set forth herein. SO ORDERED. Show Cause Hearing set for 6/8/2023 at 12:00 PM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 5/04/2023) (ama)
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Filing 30
LETTER addressed to Judge P. Kevin Castel from Bartholomew J. Banino dated April 26, 2023 re: Plaintiff's submission at Docket No. 29. Document filed by Avianca, Inc...(Banino, Bartholomew)
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Filing 29
RESPONSE in Opposition to Motion re: 16 MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6). . Document filed by Roberto Mata. (Attachments: # 1 Exhibit Varghese v. China Southern Airlines, # 2 Exhibit Shaboon v. Egypt Air, # 3 Exhibit Peterson v. Iran Air, # 4 Exhibit Martinez v. Delta Airlines, # 5 Exhibit Estate of Durden v. KLM Royal Dutch Airlines, # 6 Exhibit Ehrlich v. American Airlines, # 7 Exhibit Miller v. United Airlines, Inc., # 8 Exhibit Ttivelloni-Lorenzi v. Pan American World Airways, Inc.).(LoDuca, Peter)
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Filing 28
ORDER: granting 26 Letter Motion for Extension of Time to File Response/Reply re 26 FIRST LETTER MOTION for Extension of Time to File Response/Reply as to 25 Order. addressed to Judge P. Kevin Castel from Peter LoDuca dated April 12, 2023. Mr. Lo Duca's time to comply with the Orders of April 11 and 12 is extended to April 25, 2023. SO ORDERED. Responses due by 4/25/2023. (Signed by Judge P. Kevin Castel on 4/12/2023) (ama)
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Filing 27
ORDER: Mr. LoDuca's affidavit which he is required to file by April 18, 2022 (See Order of April 11, 2023) shall also annex a copy of Zicherman v. Korean Air Lines Co., Ltd., 516 F.3d 1237, 1254 (11th Cir. 2008). SO ORDERED. (Signed by Judge P. Kevin Castel on 4/12/2023) (ama) Modified on 4/24/2023 (ama).
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Filing 26
FIRST LETTER MOTION for Extension of Time to File Response/Reply as to 25 Order, addressed to Judge P. Kevin Castel from Peter LoDuca dated April 12, 2023. Document filed by Roberto Mata..(LoDuca, Peter)
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Filing 25
ORDER: By April 18, 2022, Peter Lo Duca, counsel of record for plaintiff, shall file an affidavit annexing copies of the following cases cited in his submission to this Court: as set forth herein. Failure to comply will result in dismissal of the action pursuant to Rule 41 (b), Fed. R. Civ. P. SO ORDERED. (Signed by Judge P. Kevin Castel on 4/11/2023) (ama)
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Filing 24
REPLY MEMORANDUM OF LAW in Support re: 16 MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6). . Document filed by Avianca, Inc...(Banino, Bartholomew)
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Filing 23
MEMO ENDORSEMENT on re: 22 Letter filed by Avianca, Inc.. ENDORSEMENT: Reply due March 15, 2023. SO ORDERED. ( Replies due by 3/15/2023.) (Signed by Judge P. Kevin Castel on 3/3/2023) (tg)
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Filing 22
LETTER addressed to Judge P. Kevin Castel from Bartholomew J. Banino dated March 2, 2023 re: confirmation that Avianca's reply brief is due on March 15, 2023. Document filed by Avianca, Inc...(Banino, Bartholomew)
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Filing 21
AFFIRMATION of Peter LoDuca in Opposition re: 16 MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6).. Document filed by Roberto Mata. (Attachments: # 1 Exhibit original summons and complaint, # 2 Exhibit stipulation of discontinuance concerning original action, # 3 Exhibit new summons and complaint which is subject of this action).(LoDuca, Peter)
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Filing 20
ORDER granting 19 Letter Motion for Extension of Time to File Response/Reply re 19 FIRST LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge P. Kevin Castel from Steven Schwartz dated 01/18/2023. Application GRANTED. SO ORDERED. Responses due by 3/3/2023. (Signed by Judge P. Kevin Castel on 1/19/2023) (rro)
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Filing 19
FIRST LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge P. Kevin Castel from Steven Schwartz dated 01/18/2023. Document filed by Roberto Mata. Return Date set for 2/3/2023 at 05:00 PM..(LoDuca, Peter)
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Filing 18
MEMORANDUM OF LAW in Support re: 16 MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6). . Document filed by Avianca, Inc...(Banino, Bartholomew)
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Filing 17
DECLARATION of Bartholomew J Banino in Support re: 16 MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6).. Document filed by Avianca, Inc.. (Attachments: # 1 Exhibit A - Voluntary Petition, # 2 Exhibit B - Summons & Complaint, # 3 Exhibit C - Notice of Removal).(Banino, Bartholomew)
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Filing 16
MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6). Document filed by Avianca, Inc...(Banino, Bartholomew)
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Filing 15
MEMO ENDORSEMENT: on re: 14 Letter, filed by Avianca, Inc. ENDORSEMENT: Defendant Avianca may file its motion to dismiss by January 13, 2023. Plaintiff may respond by February 3 and Defendant may reply by February 17. SO ORDERED., ( Motions due by 1/13/2023., Responses due by 2/3/2023, Replies due by 2/17/2023.) (Signed by Judge P. Kevin Castel on 11/17/2022) (ama)
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Filing 14
LETTER addressed to Judge P. Kevin Castel from Bartholomew J. Banino dated November 14, 2022 re: letter in response and in accordance with the Order issued by the Court on October 31, 2022 [Dkt. 13].. Document filed by Avianca, Inc...(Banino, Bartholomew)
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Filing 13
MEMO ENDORSEMENT: on re: 12 Letter filed by Roberto Mata. ENDORSEMENT: Bartholomew J. Banino and Marissa N. Lefland, counsel of record for AVIANCA, INC. are ORDERED to provide a copy of any policy of liability insurance arguably providing coverage for plaintiff's claim within 14 days, together with a letter response to the letter of May 5, 2022. (Doc. 11). SO ORDERED. (Signed by Judge P. Kevin Castel on 10/31/2022) (ama)
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Filing 12
FIRST LETTER addressed to Judge P. Kevin Castel from Steven Schwartz dated October 27, 2022 re: Case status. Document filed by Roberto Mata..(LoDuca, Peter)
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Filing 11
LETTER addressed to Judge P. Kevin Castel from Steven Schwartz dated May 5, 2022 re: Why this matter should not be dismissed due to bankruptcy. Document filed by Roberto Mata..(LoDuca, Peter)
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Minute Entry Initial Pretrial Conference held on 4/29/2022. By the close of business today, defendant shall provide plaintiff with the Bankruptcy Courts plan confirmation and injunction. Plaintiff is ordered to show cause in writing by May 6, 2022 why the action should not be dismissed. (Nacanther, Florence)
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Filing 10
JOINT LETTER addressed to Judge P. Kevin Castel from the parties dated April 20, 2022 Document filed by Avianca, Inc...(Banino, Bartholomew)
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Filing 9
ORDER, The Initial Pretrial Conference in the matter scheduled for April 22, 2022 is adjourned to April 29, 2022 at 11:30 a.m. Call-In: 1-888-363-4749. Access Code: 3667981. SO ORDERED. ( Initial Conference set for 4/29/2022 at 11:30 AM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 4/14/22) (yv)
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Filing 8
NOTICE OF APPEARANCE by Peter Paul LoDuca on behalf of Roberto Mata, Roberto Mata..(LoDuca, Peter)
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Filing 7
NOTICE OF APPEARANCE by Marissa Nicole Lefland on behalf of Avianca, Inc...(Lefland, Marissa)
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Filing 6
ORDER INITIAL PRETRIAL CONFERENCE: Initial Conference by telephone set for 4/22/2022 at 11:00 AM before Judge P. Kevin Castel. The call-in information for all teleconferences is: Dial-in: (888) 363-4749 Access Code: 3667981. SO ORDERED. (Signed by Judge P. Kevin Castel on 2/23/2022) (vfr)
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Filing 5
NOTICE OF REMOVAL from Supreme Court State of New York, County of New York. Case Number: 151004/2022..Document filed by Avianca, Inc.. (Attachments: # 1 Exhibit Exhibit A - Summons and Complaint - NY County Supreme Court).(Banino, Bartholomew)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Bartholomew James Banino to RE-FILE Document No. 1 Notice of Removal. The filing is deficient for the following reason(s): Pursuant to ECF Filing Rule 13.3, Notice of Removal exhibits must be filed as attachments and labeled. Each attachment must be clearly titled in the ECF entry so the subject of the exhibit is clear. They cannot be labeled "Exhibit A, Exhibit B, etc.". Re-file the pleading using the event type Notice of Removal 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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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge P. Kevin Castel. 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..(sj)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Bartholomew James Banino. The following case opening statistical information was erroneously selected/entered: County code New York; Fee Status code due (due). The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid). (sj)
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Magistrate Judge Stewart D. Aaron is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sj)
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Case Designated ECF. (sj)
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Filing 4
ANSWER to Complaint. Document filed by Avianca, Inc...(Banino, Bartholomew)
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Filing 3
CIVIL COVER SHEET filed..(Banino, Bartholomew)
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Filing 2
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Avianca Group International Limited (formerly Avianca Holdings S.A.) for Avianca, Inc.. Document filed by Avianca, Inc...(Banino, Bartholomew)
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Filing 1
FILING ERROR - EXHIBITS NOT CLEARLY TITLED NOTICE OF REMOVAL from Supreme Court State of New York, County of New York. Case Number: 151004/2022. (Filing Fee $ 402.00, Receipt Number ANYSDC-25765897).Document filed by Avianca, Inc...(Banino, Bartholomew) Modified on 2/23/2022 (sj).
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