Rackley v. Constellis, LLC et al
| Donald Rackley |
| Constellis, LLC, Constellis Holdings, LLC and Centerra Group, LLC |
| 1:2022cv04066 |
| May 18, 2022 |
| US District Court for the Southern District of New York |
| Robert W Lehrburger |
| Gregory H Woods |
| Civil Rights: Jobs |
| Plaintiff |
Docket Report
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| Filing 49 MEMO ENDORSEMENT on re: #48 Letter, filed by Centerra Group, LLC, Constellis Holdings, LLC, Constellis, LLC ENDORSEMENT: The proposed briefing schedule is granted. Defendant's moving papers are due October 2, 2023; Plaintiff's response is due November 29, 2023; and Defendant's reply is due December 20, 2023. ( Motions due by 10/2/2023, Replies due by 12/20/2023, Responses due by 11/29/2023) (Signed by Magistrate Judge Robert W. Lehrburger on 8/10/2023) (ate) |
| Filing 48 JOINT LETTER addressed to Magistrate Judge Robert W. Lehrburger from Ryan C. Chapoteau dated August 10, 2023 re: Proposed Summary Judgment Motion Briefing Schedule. Document filed by Centerra Group, LLC, Constellis Holdings, LLC, Constellis, LLC..(Chapoteau, Ryan) |
Filing 47
ORDER: By letter dated July 28, 2023 at Dkt. 45, Defendants requested a pre-motion conference to discuss their intended motion for summary judgment. Plaintiff responded at Dkt. 46. Defendants may proceed with a motion should they decide to do so. The Court notes that at least some of the issues raised by Defendants may turn on facts that the parties appear to dispute. Defendants shall give due consideration to the scope of their motion in light of Plaintiff's response. By August 10, 2023, the parties shall meet and confer and jointly file a proposed briefing schedule. Defendants' request for a conference is denied as moot. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger) (Text Only Order) (Lehrburger, Robert)
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| Filing 46 LETTER addressed to Magistrate Judge Robert W. Lehrburger from Eric Dinnocenzo dated August 2, 2023 re: Opposition to Pre-Motion Letter for Summary Judgment filed by Defendants. Document filed by Donald Rackley..(Dinnocenzo, Eric) |
| Filing 45 LETTER addressed to Magistrate Judge Robert W. Lehrburger from Ryan C. Chapoteau dated July 28, 2023 re: Request for Pre-motion Conference. Document filed by Centerra Group, LLC, Constellis Holdings, LLC, Constellis, LLC..(Chapoteau, Ryan) |
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Filing 44
ORDER granting #41 Letter Motion to Compel. This order resolves Plaintiff's letter motion at Dkt. 41 to compel Defendants to answer eight requests to admit, or, in the alternative, proffer a corporate representative to sit for a 30(b)(6) deposition. Having considered the parties arguments (reflected in Dkts. 41-43), the Court GRANTS the motion to the extent that Defendants are required to substantively answer the requests to admit. The Court agrees that the timing of the requests is warranted by the history of Defendants' limited productions of the native spreadsheets at issue. The Court also agrees that answers to the requests to admit will streamline evidence for later use, even though Plaintiff otherwise "can live with not having answers... because the data is there in the spreadsheets." (Dkt. 41 at 3.) Of course, whether or not the evidence will be admissible is a question to be determined at a later juncture. Defendants have not identified any specific burden in answering the requests, and the requested information appears potentially relevant, particularly given the allegations made at Paragraphs 55-56 of the First Amended Complaint. SO ORDERED. Copies transmitted this date to all counsel of record. (Signed by Magistrate Judge Robert W. Lehrburger on 7/24/2023) (mml)
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| Filing 43 LETTER RESPONSE in Support of Motion addressed to Magistrate Judge Robert W. Lehrburger from Eric Dinnocenzo dated July 24, 2023 re: #41 LETTER MOTION to Compel Constellis, LLC, Constellis Holdings, LLC, Centerra Group, LLC to Responses to Requests for Admissions or to appear for a Rule 30(b)(6) deposition addressed to Magistrate Judge Robert W. Lehrburger from Eric Dinnoc . Document filed by Donald Rackley..(Dinnocenzo, Eric) |
| Filing 42 LETTER addressed to Magistrate Judge Robert W. Lehrburger from Ryan C. Chapoteau dated July 24, 2023 re: Objection Response to Plaintiffs Motion to Compel. Document filed by Centerra Group, LLC, Constellis Holdings, LLC, Constellis, LLC..(Chapoteau, Ryan) |
| Filing 41 LETTER MOTION to Compel Constellis, LLC, Constellis Holdings, LLC, Centerra Group, LLC to Responses to Requests for Admissions or to appear for a Rule 30(b)(6) deposition addressed to Magistrate Judge Robert W. Lehrburger from Eric Dinnocenzo dated July 18, 2023. Document filed by Donald Rackley. (Attachments: #1 Exhibit Response to Requests for Admissions).(Dinnocenzo, Eric) |
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Filing 40
ORDER: granting #39 Letter Motion for Extension of Time to Complete Discovery. The requested extension is granted; the deadline for pre-motion summary judgment letters is extended to July 28, 2023. The discovery concerning punitive damages may be deferred until after summary judgment. The parties' respective requests concerning employment with the USMS are denied. The discovery sought by Defendants is not proportional in the absence of evidence that Defendants were aware of and relied on any performance issues while Plaintiff was employed by the USMS; the discovery sought by Plaintiffs is therefore moot. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 6/22/2023) (ama)
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| Filing 39 JOINT LETTER MOTION for Extension of Time to Complete Discovery and File Pre-Motion Letter for Summary Judgment addressed to Magistrate Judge Robert W. Lehrburger from Eric Dinnocenzo dated June 22, 2023. Document filed by Donald Rackley..(Dinnocenzo, Eric) |
| Filing 38 LETTER REPLY to Response to Motion addressed to Magistrate Judge Robert W. Lehrburger from Ryan Chapoteau dated 06/05/2023 re: #35 LETTER MOTION for Conference (Request for Order Directing Plaintiff to Appear for Deposition or Order for Pre-motion Conference) addressed to Magistrate Judge Robert W. Lehrburger from Ryan C. Chapoteau dated June 1, 2023. . Document filed by Centerra Group, LLC, Constellis Holdings, LLC, Constellis, LLC..(Chapoteau, Ryan) |
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Filing 37
ORDER: Defendants' letter motion at Dkt. 35 is granted insofar as Plaintiff shall appear for his deposition at the offices of defense counsel as scheduled for June 5, 2023. The request for fees and costs is denied. The Court will address Plaintiff's concerns about Defendants' document production raised at Dkt. 36 after that issue is joined; any response from Defendants must be filed by June 5, 2023. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger) (Text Only Order) (Canaan, Isabelle)
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| Filing 36 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Robert W. Lehrburger from Eric Dinnocenzo dated June 1, 2023 re: #35 LETTER MOTION for Conference (Request for Order Directing Plaintiff to Appear for Deposition or Order for Pre-motion Conference) addressed to Magistrate Judge Robert W. Lehrburger from Ryan C. Chapoteau dated June 1, 2023. . Document filed by Donald Rackley. (Attachments: #1 Exhibit Correspondence, #2 Exhibit Correspondence).(Dinnocenzo, Eric) |
| Filing 35 LETTER MOTION for Conference (Request for Order Directing Plaintiff to Appear for Deposition or Order for Pre-motion Conference) addressed to Magistrate Judge Robert W. Lehrburger from Ryan C. Chapoteau dated June 1, 2023. Document filed by Centerra Group, LLC, Constellis Holdings, LLC, Constellis, LLC. (Attachments: #1 Exhibit A - Notice of Deposition, #2 Exhibit B - May 24, 2023 Email, #3 Exhibit C - May 24, 2023 Email (2), #4 Exhibit D - March 3, 2023 Email, #5 Exhibit E - June 1, 2023 Email).(Chapoteau, Ryan) |
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Filing 34
ORDER granting #33 Letter Motion for Extension of Time to Complete Discovery. Given Plaintiff's consent to the request, the request is granted; discovery is extended to June 30, 2023. SO ORDERED. Discovery due by 6/30/2023. (Signed by Magistrate Judge Robert W. Lehrburger on 3/23/2023) (tg)
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| Filing 33 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Robert W. Lehrburger from Ryan C. Chapoteau dated March 23, 2023. Document filed by Centerra Group, LLC, Constellis Holdings, LLC, Constellis, LLC..(Chapoteau, Ryan) |
| Filing 32 NOTICE OF APPEARANCE by Daniel Blanchard on behalf of Centerra Group, LLC, Constellis Holdings, LLC, Constellis, LLC..(Blanchard, Daniel) |
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Filing 31
ORDER FOR ADMISSION PRO HAC VICE granting #30 Motion for Daniel L. Blanchard to Appear Pro Hac Vice. IT IS HEREBY ORDERED Applicant is admitted to practice pro hac vice in this action in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Magistrate Judge Robert W. Lehrburger on 2/9/2023) (mml)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #30 MOTION for Daniel L. Blanchard 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. (sac) |
| Filing 30 MOTION for Daniel L. Blanchard to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Centerra Group, LLC, Constellis Holdings, LLC, Constellis, LLC. (Attachments: #1 Affidavit of Daniel L. Blanchard, #2 Exhibit A - Certificates of Good Standing, #3 Affidavit Declaration of Ryan C. Chapoteau, #4 Text of Proposed Order Proposed Order).(Blanchard, Daniel) |
| Filing 29 NOTICE OF APPEARANCE by Jennifer Y. Davis on behalf of Centerra Group, LLC, Constellis Holdings, LLC, Constellis, LLC..(Davis, Jennifer) |
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Filing 28
ORDER granting in part and denying in part #24 Letter Motion for Conference (Requesting Pre-motion Conference Regarding Discovery Dispute) addressed to Magistrate Judge Robert W. Lehrburger from Ryan C. Chapoteau dated January 12, 2023. This order resolves the discovery issues raised by the parties at Dkts. 24 and 26. 1. Defendant's request for entry of a protective order is granted. The Court will separately approve and enter the protective order proposed by Defendant. Rather than negotiate a protective order in good faith, Plaintiff has unreasonably rejected entering into a protective order at all. 2. The parties shall follow the procedures set forth in the protective order for resolving disagreements about confidentiality designations. 3. Plaintiff is correct that Defendant should not engage in wholesale designations and should be mindful of redacting only those portions of documents for which a good faith confidentiality claim can be made. Plaintiff also is correct that there matters of public interest are less susceptible to protection. Defendant should act accordingly. 4. Plaintiff's concerns about Defendant's responses to document requests are not ripe for consideration by the Court. The parties shall meet and confer and good faith. Any disputes remaining may be brought to the Court's attention. Accordingly, Plaintiff's request regarding Defendant's objections to document requests is denied without prejudice. 5. The parties' respective requests for an award of attorney's fees and sanctions are denied. SO ORDERED. Copies transmitted this date to all counsel of record. (Signed by Magistrate Judge Robert W. Lehrburger on 1/17/2023) (mml)
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Filing 27
DISCOVERY CONFIDENTIALITY AGREEMENT AND ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Magistrate Judge Robert W. Lehrburger on 1/17/2023) (mml)
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| Filing 26 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Robert W. Lehrburger from Eric Dinnocenzo dated January 13, 2023 re: #24 LETTER MOTION for Conference (Requesting Pre-motion Conference Regarding Discovery Dispute) addressed to Magistrate Judge Robert W. Lehrburger from Ryan C. Chapoteau dated January 12, 2023. . Document filed by Donald Rackley. (Attachments: #1 Exhibit A - emails, #2 Exhibit B - Def. Docs. Withheld, #3 Exhibit C - Redactions, #4 Exhibit D - Rule 34 Response).(Dinnocenzo, Eric) |
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Filing 25
ORDER: By the end of business on Friday January 13, 2023, Plaintiff shall file a letter either (1) agreeing to the protective order proposed by Defendants, or (2) explaining why such order should not be entered. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger) (Text Only Order) (Canaan, Isabelle)
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| Filing 24 LETTER MOTION for Conference (Requesting Pre-motion Conference Regarding Discovery Dispute) addressed to Magistrate Judge Robert W. Lehrburger from Ryan C. Chapoteau dated January 12, 2023. Document filed by Constellis Holdings, LLC, Constellis, LLC. (Attachments: #1 Exhibit A - Discovery Confidentiality Agreement and Order).(Chapoteau, Ryan) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #23 MOTION for Daniel L. Blanchard to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): expired Certificate of Good Standing missing from the Supreme Court of each state admitted. 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 Proposed Order. (sac) |
| Filing 23 FILING ERROR - DEFICIENT DOCKET ENTRY MOTION for Daniel L. Blanchard to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Centerra Group, LLC, Constellis Holdings, LLC, Constellis, LLC. (Attachments: #1 Affidavit Declaration of Ryan C. Chapoteau, #2 Affidavit Affidavit of Daniel L. Blanchard, #3 Exhibit A - Certificates of Good Standing (PA Issued Within 30 days), #4 Text of Proposed Order Proposed Order, #5 Affidavit Certificate of Service).(Blanchard, Daniel) Modified on 1/11/2023 (sac). |
| Pro Hac Vice Fee Payment: for #23 MOTION for Daniel L. Blanchard to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number ANYSDC-27181330..(Blanchard, Daniel) |
| Pro Hac Vice Fee Due: for #23 MOTION for Daniel L. Blanchard to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. (sac) |
| Filing 22 ANSWER to #21 Amended Complaint. Document filed by Centerra Group, LLC, Constellis Holdings, LLC, Constellis, LLC..(Chapoteau, Ryan) |
| Filing 21 AMENDED COMPLAINT amending #1 Complaint against Centerra Group, LLC, Constellis Holdings, LLC, Constellis, LLC with JURY DEMAND.Document filed by Donald Rackley. Related document: #1 Complaint..(Dinnocenzo, Eric) |
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Filing 20
MEMO ENDORSED ORDER granting #15 MOTION to Amend/Correct the Complaint. ENDORSEMENT: In view of the letter filed on December 6, 2022 (Dkt. 19) indicating no opposition, Plaintiff's motion to amend is granted. Plaintiff shall file the amended complaint by December 12, 2022. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 12/6/2022) (mml)
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| Filing 19 LETTER addressed to Magistrate Judge Robert W. Lehrburger from Eric Dinnocenzo dated December 6, 2022 re: Amended Complaint. Document filed by Donald Rackley..(Dinnocenzo, Eric) |
| Set/Reset Deadlines: Amended Pleadings due by 12/12/2022. (mml) |
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Filing 18
ORDER. By December 7, 2022, Plaintiff shall meet and confer with Defendant as to whether Defendant consents to or otherwise does not oppose Plaintiff's motion to amend (Dkt. 15) and shall file a letter reporting on the same. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger) (Text Only Order) (Canaan, Isabelle)
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| Filing 17 MEMORANDUM OF LAW in Support re: #15 MOTION to Amend/Correct the Complaint. . Document filed by Donald Rackley..(Dinnocenzo, Eric) |
| Filing 16 DECLARATION of Eric Dinnocenzo in Support re: #15 MOTION to Amend/Correct the Complaint.. Document filed by Donald Rackley. (Attachments: #1 Exhibit A - Original complaint, #2 Exhibit B - 41 USC 4712 complaint, #3 Exhibit C - Amended Complaint).(Dinnocenzo, Eric) |
| Filing 15 MOTION to Amend/Correct the Complaint. Document filed by Donald Rackley..(Dinnocenzo, Eric) |
| FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 11/9/2022 at 10:00 AM in telephone or video conference.(mnp) |
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Filing 13
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: Amended Pleadings due by 1/31/2023. Joinder of Parties due by 10/31/2022. Deposition due by 4/28/2023. Fact Discovery due by 4/28/2023. All parties do not consent to a trial before a Magistrate Judge at this time. This case is to be tried to a jury. The parties anticipate that the trial of this case will require 4 days. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 8/25/2022) (mml)
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| Minute Entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Initial Pretrial Conference held on 8/25/2022 at 2:30 p.m. (rsh) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 9/26/2022.(ah) |
| Filing 12 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Centerra Group, LLC, Constellis Holdings, LLC, Constellis, LLC..(Chapoteau, Ryan) |
| Filing 10 NOTICE of Hearing: Initial Pretrial Conference set for 8/25/2022 at 2:30 PM before Magistrate Judge Robert W. Lehrburger. The conference will be held telephonically. The parties are instructed to call (888) 398-2342 and enter access code 9543348. Counsel shall jointly complete and file Judge Lehrburger's [Proposed] Civil Case Management Plan and Scheduling Order, which must be submitted in compliance with Judge Lehrburger's Individual Practices no later than one week before the initial case management conference. If suitable for the case, the parties are encouraged to use Judge Lehrburger's model Joint Electronic Discovery Submission and Proposed Order. These forms are available on the SDNY website at https://www.nysd.uscourts.gov/hon-robert-w-lehrburger.(rsh) |
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Filing 11
ORDER OF AUTOMATIC REFERRAL TO MEDIATION (See M-10-468 Second Amended Standing Order). Please reference the Pilot Discovery Protocols, attached, and the Mediation Program Procedures (https://nysd.uscourts.gov/programs/mediation-adr). E-mail MediationOffice@nysd.uscourts.gov, telephone 212-805-0643. Mediator to be Assigned by 8/18/2022. (Signed by Judge Loretta A. Preska on 10/1/2015) (jpt)
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| Filing 9 ANSWER to #1 Complaint. Document filed by Centerra Group, LLC, Constellis Holdings, LLC, Constellis, LLC..(Chapoteau, Ryan) |
| Filing 8 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Constellis Holdings, LLC for Constellis, LLC; Corporate Parent Centerra-TDI Group Holdings, LLC for Centerra Group, LLC; Corporate Parent New Constellis Holdings, Inc. for Constellis Holdings, LLC. Document filed by Centerra Group, LLC, Constellis Holdings, LLC, Constellis, LLC..(Chapoteau, Ryan) |
| Filing 7 WAIVER OF SERVICE RETURNED EXECUTED. Centerra Group, LLC waiver sent on 6/8/2022, answer due 8/8/2022; Constellis Holdings, LLC waiver sent on 6/8/2022, answer due 8/8/2022; Constellis, LLC waiver sent on 6/8/2022, answer due 8/8/2022. Document filed by Donald Rackley..(Dinnocenzo, Eric) |
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Filing 6
ORDER REFERRING CASE TO MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation) All such motions. Referred to Magistrate Judge Robert W. Lehrburger. SO ORDERED. (Signed by Judge Gregory H. Woods on 5/20/2022) (ama)
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| Filing 5 CIVIL COVER SHEET filed..(Dinnocenzo, Eric) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Centerra Group, LLC, Constellis Holdings, LLC, Constellis, LLC..(pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Eric John Dinnocenzo. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Eric John Dinnocenzo to RE-FILE Document No. #3 Civil Cover Sheet. The filing is deficient for the following reason(s): civil cover sheet was not signed. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. 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 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc) |
| Case Designated ECF. (pc) |
| Filing 3 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - CIVIL COVER SHEET filed..(Dinnocenzo, Eric) Modified on 5/19/2022 (pc). |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Constellis, LLC, Constellis Holdings, LLC, and Centerra Group, LLC, re: #1 Complaint. Document filed by Donald Rackley..(Dinnocenzo, Eric) |
| Filing 1 COMPLAINT against Centerra Group, LLC, Constellis Holdings, LLC, Constellis, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-26164186)Document filed by Donald Rackley..(Dinnocenzo, Eric) |
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