Salazar v. National Basketball Association
| Michael Salazar |
| National Basketball Association |
| 1:2022cv07935 |
| September 16, 2022 |
| US District Court for the Southern District of New York |
| Jennifer L Rochon |
| Other Statutory Actions |
| 18 U.S.C. § 271 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 10, 2023. A more recent docket listing may be available from PACER.
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Filing 53
NOTICE OF APPEAL from #51 Memorandum & Opinion,, #52 Clerk's Judgment,,. Document filed by Michael Salazar. Filing fee $ 505.00, receipt number ANYSDC-28129400. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Murphy, Michael) Modified on 8/10/2023 (km).
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #53 Notice of Appeal, filed by Michael Salazar were transmitted to the U.S. Court of Appeals.(km)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #53 Notice of Appeal.(km)
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Filing 52
CLERK'S JUDGMENT re: #51 Memorandum & Opinion in favor of National Basketball Association against Michael Salazar. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated August 7, 2023, Defendant's motion to dismiss the Complaint under Rule 12(b)(1) is denied, but the motion to dismiss for failure to state a claim under Rule 12(b)(6) is GRANTED. Accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 8/8/2023) (tp)
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Filing 51
OPINION AND ORDER re: #20 MOTION to Dismiss Complaint. filed by National Basketball Association. For the reasons stated above, Defendant's motion to dismiss the Complaint under Rule 12(b)(1) is denied, but the motion to dismiss for failure to state a claim under Rule 12(b)(6) is GRANTED. The Clerk of Court is respectfully requested to close this case. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 8/7/2023) (jca) Transmission to Orders and Judgments Clerk for processing.
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Filing 50
LETTER addressed to Judge Jennifer L. Rochon from Hilary L. Preston dated August 4, 2023 re: Notice of Supplemental Authority. Document filed by National Basketball Association. (Attachments: #1 Exhibit A - Tawam Decision).(Preston, Hilary)
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Filing 49
LETTER addressed to Judge Jennifer L. Rochon from Michael L. Murphy dated July 24, 2023 re: Response to Defendant's Notice of Supplemental Authority (ECF No. 48). Document filed by Michael Salazar..(Murphy, Michael)
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Filing 48
LETTER addressed to Judge Jennifer L. Rochon from Hilary L. Preston dated July 20, 2023 re: Notice of Supplemental Authority. Document filed by National Basketball Association. (Attachments: #1 Exhibit A - Paramount Global Decision, #2 Exhibit B - Paramount Global Complaint).(Preston, Hilary)
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Filing 47
LETTER addressed to Judge Jennifer L. Rochon from Michael L. Murphy dated July 19, 2023 re: Response to Defendant's Notice of Supplemental Authority (ECF No. 46). Document filed by Michael Salazar..(Murphy, Michael)
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Filing 46
LETTER addressed to Judge Jennifer L. Rochon from Hilary L. Preston dated July 14, 2023 re: Notice of Supplemental Authority. Document filed by National Basketball Association. (Attachments: #1 Exhibit A - Gardner Decision).(Preston, Hilary)
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Filing 45
LETTER addressed to Judge Jennifer L. Rochon from Michael L. Murphy dated July 5, 2023 re: Response to Defendant's Notice of Supplemental Authority (ECF No. 44). Document filed by Michael Salazar..(Murphy, Michael)
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Filing 44
LETTER addressed to Judge Jennifer L. Rochon from Hilary L. Preston dated June 29, 2023 re: Notice of Supplemental Authority. Document filed by National Basketball Association. (Attachments: #1 Exhibit A - Hunthausen Decision).(Preston, Hilary)
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Filing 43
LETTER addressed to Judge Jennifer L. Rochon from Hilary L. Preston dated April 28, 2023 re: Notice of Supplemental Authority. Document filed by National Basketball Association. (Attachments: #1 Exhibit A).(Preston, Hilary)
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Filing 42
LETTER addressed to Judge Jennifer L. Rochon from Hilary L. Preston dated March 17, 2023 re: Response to the Supplemental Authority Notice filed by Plaintiff [Dkt. No. 41]. Document filed by National Basketball Association..(Preston, Hilary)
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Filing 41
NOTICE of Supplemental Authority re: #27 Response to Motion, #32 Reply Memorandum of Law in Support of Motion, #28 Notice (Other), #20 MOTION to Dismiss Complaint., #22 Declaration in Support of Motion, #36 Response to Motion, #29 Declaration in Opposition to Motion. Document filed by Michael Salazar. (Attachments: #1 Exhibit A - Fandango Order).(Murphy, Michael)
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Filing 40
NOTICE OF APPEARANCE by Brandon Michael Wise on behalf of Michael Salazar..(Wise, Brandon)
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Filing 39
NOTICE of of Unavailability on February 27, 2023 re: #30 Notice (Other). Document filed by Michael Salazar..(Murphy, Michael)
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Filing 38
MEMO ENDORSEMENT on re: #37 Proposed Order, filed by Michael Salazar. ENDORSEMENT The request is DENIED without prejudice to refile when Plaintiff has a scheduled appearance in front of the Court. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 1/20/2023) (jca)
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Filing 37
FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER. Document filed by Michael Salazar..(Murphy, Michael) Proposed Order to be reviewed by Clerk's Office staff. Modified on 1/19/2023 (tp).
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Filing 36
RESPONSE to Motion re: #20 MOTION to Dismiss Complaint. [Proposed Sur-Reply in Further Opposition]. Document filed by Michael Salazar. (Attachments: #1 Exhibit Surreply Exhibits).(Murphy, Michael)
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***NOTICE TO ATTORNEY REGARDING REJECTION OF PROPOSED ORDER TO BRING PERSONAL ELECTRONIC DEVICE(S) OR GENERAL PURPOSE COMPUTING DEVICE(S) INTO THE COURTHOUSES OF THE SDNY FOR USE IN A PROCEEDING OR TRIAL. Notice to Attorney Michael Murphy re: Document #37 Proposed Order, was rejected by the Clerk's Office for the following reason, the Order to Bring Personal Electronic Device(s) or General Purpose Computing Device(s) Into the Courthouses of the SDNY for Use in a Proceeding or Trial should not be electronically filed. Please download and review the Local Rules, Judge's Individual Rules of Practice and ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions.. (tp)
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Filing 35
ORDER granting #33 Motion for Brandon Michael Wise to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jennifer L. Rochon)(Text Only Order) (aba)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #33 MOTION for Brandon Michael Wise to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27201683. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (sac)
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Filing 34
ORDER granting #31 Motion for Matthew X. Etchemendy to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jennifer L. Rochon)(Text Only Order) (aba)
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Filing 33
MOTION for Brandon Michael Wise to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27201683. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Michael Salazar. (Attachments: #1 Affidavit Affidavit in Support of Motion, #2 Text of Proposed Order Proposed Order).(Murphy, Michael)
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Filing 32
REPLY MEMORANDUM OF LAW in Support re: #20 MOTION to Dismiss Complaint. . Document filed by National Basketball Association..(Preston, Hilary)
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Pro Hac Vice Fee Payment: for #31 MOTION for Matthew X. Etchemendy to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number ANYSDC-27200349..(Etchemendy, Matthew)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #31 MOTION for Matthew X. Etchemendy 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)
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Filing 31
MOTION for Matthew X. Etchemendy to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by National Basketball Association. (Attachments: #1 Affidavit Declaration of Matthew X. Etchemendy In Support of Motion for Admission Pro Hac Vice, #2 Exhibit A - Certificates of Good Standing, #3 Text of Proposed Order Proposed Order for Admission Pro Hac Vice).(Etchemendy, Matthew)
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Filing 30
NOTICE of Unavailability on February 10, 2023. Document filed by Michael Salazar..(Murphy, Michael)
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Filing 29
DECLARATION of Michael L. Murphy in Opposition re: #20 MOTION to Dismiss Complaint.. Document filed by Michael Salazar. (Attachments: #1 Exhibit Exhibits A thru G).(Murphy, Michael)
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Filing 28
NOTICE of Request for Judicial Notice in Support of Opposition to Defendant's Motion to Dismiss re: #27 Response to Motion. Document filed by Michael Salazar..(Murphy, Michael)
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Filing 27
RESPONSE to Motion re: #20 MOTION to Dismiss Complaint. . Document filed by Michael Salazar..(Murphy, Michael)
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Filing 26
ORDER granting #23 Letter Motion to Stay re: #23 LETTER MOTION to Stay Discovery and Request for Pre-Motion Conference addressed to Judge Jennifer L. Rochon from Hilary L. Preston dated December 13, 2022. For the reasons stated during the December 21, 2022 conference and below, the Motion to Stay Discovery is GRANTED. (And as further set forth herein.) SO ORDERED. (Signed by Judge Jennifer L. Rochon on 12/22/2022) (jca)
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Minute Entry for proceedings held before Judge Jennifer L. Rochon: Initial Pretrial Conference held on 12/21/2022. (aba)
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Filing 25
LETTER addressed to Judge Jennifer L. Rochon from Michael L. Murphy dated December 15, 2022 re: response to Defendant's request to stay discovery. Document filed by Michael Salazar..(Murphy, Michael)
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Filing 24
LETTER addressed to Judge Jennifer L. Rochon from all counsel dated December 14, 2022 re: Initial Pretrial Conference. Document filed by National Basketball Association. (Attachments: #1 Text of Proposed Order Proposed Case Management Plan and Scheduling Order).(Preston, Hilary)
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Filing 23
LETTER MOTION to Stay Discovery and Request for Pre-Motion Conference addressed to Judge Jennifer L. Rochon from Hilary L. Preston dated December 13, 2022. Document filed by National Basketball Association..(Preston, Hilary)
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Filing 22
DECLARATION of Hilary L. Preston in Support re: #20 MOTION to Dismiss Complaint.. Document filed by National Basketball Association. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Preston, Hilary)
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Filing 21
MEMORANDUM OF LAW in Support re: #20 MOTION to Dismiss Complaint. . Document filed by National Basketball Association..(Preston, Hilary)
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Filing 20
MOTION to Dismiss Complaint. Document filed by National Basketball Association..(Preston, Hilary)
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Filing 19
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by National Basketball Association..(Preston, Hilary)
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Filing 18
NOTICE OF APPEARANCE by Marisa Antonelli on behalf of National Basketball Association..(Antonelli, Marisa)
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Filing 17
STIPULATION AND ORDER REGARDING DEFENDANTS' TIME TO MOVE, ANSWER, OR OTHERWISE RESPOND TO THE COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, by and between the attorneys for the undersigned parties, as follows: 1. Defendant shall have until December 2, 2022 to move, answer, or otherwise respond to Plaintiffs' Complaint. 2. Plaintiffs shall have until December 23, 2022 to file any opposition to any motion to dismiss filed by Defendant. 3. Defendant shall have until January 13, 2023 to file any reply brief in further support of any motion to dismiss. 4. Nothing herein shall be deemed to constitute a waiver of any rights, claims, defenses, motions, or objections that a party may have or make with respect to jurisdiction, venue, and/or the claims set forth in this action. SO ORDERED. National Basketball Association answer due 12/2/2022.( Motions due by 12/2/2022., Responses due by 12/23/2022, Replies due by 1/13/2023.) (Signed by Judge Jennifer L. Rochon on 11/3/2022) (ate)
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Filing 16
PROPOSED STIPULATION AND ORDER. Document filed by National Basketball Association..(Preston, Hilary)
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Filing 15
ORDER granting #14 Motion for Christopher W. James to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jennifer L. Rochon)(Text Only Order) (aba)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #14 MOTION for Christopher W. James to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26862771. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (sac)
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Filing 14
MOTION for Christopher W. James to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26862771. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by National Basketball Association. (Attachments: #1 Affidavit Declaration of Christopher W. James In Support of Motion for Admission Pro Hac Vice, #2 Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order Proposed Order for Admission Pro Hac Vice).(James, Christopher)
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Filing 13
ORDER granting #12 Motion for Parker D. Hancock to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Jennifer L. Rochon)(Text Only Order) (aba)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #12 MOTION for Parker D. Hancock to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26816545. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (sac)
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Filing 12
MOTION for Parker D. Hancock to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26816545. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by National Basketball Association. (Attachments: #1 Affidavit Declaration of Parker D. Hancock In Support of Motion for Admission Pro Hac Vice, #2 Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order Proposed Order for Admission Pro Hac Vice).(Hancock, Parker)
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Filing 11
NOTICE OF APPEARANCE by Palmina M. Fava-Pastilha on behalf of National Basketball Association..(Fava-Pastilha, Palmina)
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Filing 10
ORDER granting #9 Motion for Briana R. Falcon to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jennifer L. Rochon)(Text Only Order) (aba)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #9 MOTION for Briana R. Falcon to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26801471. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (sac)
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Filing 9
MOTION for Briana R. Falcon to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26801471. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by National Basketball Association. (Attachments: #1 Affidavit Declaration of Briana R. Falcon In Support of Motion for Admission Pro Hac Vice, #2 Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order Proposed Order for Admission Pro Hac Vice).(Falcon, Briana)
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Filing 8
ORDER granting #7 Letter Motion for Extension of Time. The request to extend the deadline to answer is GRANTED. Defendant National Basketball Association shall answer or otherwise respond to the complaint by November 11, 2022. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 10/7/2022) (jca)
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Set/Reset Deadlines: National Basketball Association answer due 11/11/2022. (jca)
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Filing 7
LETTER MOTION for Extension of Time for Defendant to Move, Answer, or Otherwise Respond to the Complaint addressed to Judge Jennifer L. Rochon from Hilary L. Preston dated October 7, 2022. Document filed by National Basketball Association..(Preston, Hilary)
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Filing 6
NOTICE OF APPEARANCE by Hilary Lovett Preston on behalf of National Basketball Association..(Preston, Hilary)
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Filing 5
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 12/21/2022 at 11:30 AM before Judge Jennifer L. Rochon. (Signed by Judge Jennifer L. Rochon on 9/19/2022) (rro)
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Filing 4
ELECTRONIC SUMMONS ISSUED as to Michael Salazar..(gp)
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Filing 3
CIVIL COVER SHEET filed..(Murphy, Michael)
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***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Michael Lee Murphy. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (gp)
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Case Designated ECF. (gp)
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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. (gp)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer L. Rochon. 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..(gp)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Michael Lee Murphy. The following case opening statistical information was erroneously selected/entered: Dollar Demand 5,000,000,000;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to NONE. (gp)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michael Lee Murphy. The party information for the following party/parties has been modified: Michael Salazar. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (gp)
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Filing 2
REQUEST FOR ISSUANCE OF SUMMONS as to National Basketball Association, re: #1 Complaint. Document filed by Michael Salazar..(Murphy, Michael)
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Filing 1
COMPLAINT against National Basketball Association. (Filing Fee $ 402.00, Receipt Number ANYSDC-26692252)Document filed by Michael Salazar. (Attachments: #1 Civil Cover Sheet P-Civil Cover Sheet, #2 Exhibit P-Summons).(Murphy, Michael)
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