Marsh & McLennan Agency LLC v. Williams, Jr. et al
| Marsh & McLennan Agency LLC |
| Donald Drennan Williams, Jr., Phillip Andrew Blankenship, Charles Anderson and Lindsey Luketic |
| 1:2022cv08920 |
| October 19, 2022 |
| US District Court for the Southern District of New York |
| John P Cronan |
| Contract: Other |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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This docket was last retrieved on February 9, 2024. A more recent docket listing may be available from PACER.
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Filing 46
MEMO ENDORSEMENT on re: #45 Letter filed by Marsh & McLennan Agency LLC. ENDORSEMENT: The request is granted. The jurisdictional discovery deadline is extended to December 13, 2023. The parties shall file another status update by December 13, 2023, to propose next steps in this matter. SO ORDERED. ( Discovery due by 12/13/2023.) (Signed by Judge John P. Cronan on 9/14/2023) (tg)
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| Filing 45 LETTER addressed to Judge John P. Cronan from Clifford R. Atlas dated 9/13/2023 re: Status of Jurisdictional Discovery. Document filed by Marsh & McLennan Agency LLC..(Atlas, Clifford) |
| Filing 44 LETTER addressed to Judge John P. Cronan from Michael Sansbury dated 8/1/2023 re: Report on Meet and Confer. Document filed by Charles Anderson, Phillip Andrew Blankenship, Lindsey Luketic, Donald Drennan Williams, Jr...(Sansbury, Michael) |
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Filing 43
MEMO ENDORSEMENT: on re: #42 Letter filed by Phillip Andrew Blankenship, Lindsey Luketic, Donald Drennan Williams, Jr., Charles Anderson. ENDORSEMENT: The Court believes that the current scope of discovery should be sufficient to establish whether or not Plaintiff has standing with respect to all of the causes of action at issue in this case. If, after jurisdictional discovery has proceeded, material produced in discovery indicates that this is not the case, the parties may request additional discovery at that time. With respect to Defendants' proposed limits on discovery, the Court directs the parties to meet an confer and provide a joint letter on such limits by August 1, 2023. SO ORDERED. (Signed by Judge John P. Cronan on 7/25/2023) (ama)
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| Filing 42 LETTER addressed to Judge John P. Cronan from Michael Sansbury dated 7/24/2023 re: Plaintiff's Letter Requesting Expanded Discovery. Document filed by Charles Anderson, Phillip Andrew Blankenship, Lindsey Luketic, Donald Drennan Williams, Jr...(Sansbury, Michael) |
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Filing 41
MEMO ENDORSEMENT: on re: #40 Letter filed by Marsh & McLennan Agency LLC. ENDORSEMENT: Defendants shall respond to Plaintiff's letter by July 24,2023. SO ORDERED. (Signed by Judge John P. Cronan on 7/19/2023) (ama)
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| Filing 40 LETTER addressed to Judge John P. Cronan from Clifford Atlas dated 7/18/23 re: Discovery. Document filed by Marsh & McLennan Agency LLC..(Atlas, Clifford) |
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Filing 39
ORDER terminating #28 Motion to Dismiss for Lack of Jurisdiction. By October 13, 2023, the parties may conduct limited discovery into the following issues: 1)the contents of any information belonging to Plaintiff that Defendants may have taken or retained after Defendants' employment with Plaintiff (or any of its subsidiaries) ceased; 2) the identity of any clients or potential clients of Plaintiff that Defendant may have taken or solicited after Defendants' employment with Plaintiff (or any of its subsidiaries) ceased; and 3) Defendants' current business activities. To the extent Plaintiff believes it requires information relevant to any other issue in order to contest Defendants motion to dismiss, Plaintiff may request an expansion of these discovery parameters. The parties shall file a status letter by September 13, 2023 informing the Court of the status of discovery. Because this discovery will likely alter the parties' briefing on the issue of standing to a significant degree, the Court denies the currently pending motion without prejudice. Defendants may refile their motion at the close of jurisdictional discovery. The Court will set a new briefing schedule for that motion upon receipt of the parties' September 13, 2023 status letter. The Clerk of Court is respectfully directed to close the motion pending at Docket Number 28. SO ORDERED.. (Signed by Judge John P. Cronan on 7/13/2023) (jca)
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| Filing 38 LETTER addressed to Judge John P. Cronan from Clifford R. Atlas dated 03/01/2023 re: Conference. Document filed by Marsh & McLennan Agency LLC..(Atlas, Clifford) |
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Filing 37
ORDER granting #32 Letter Motion to Stay re: #32 LETTER MOTION to Stay re: #28 MOTION to Dismiss for Lack of Jurisdiction (Standing) or, in the Alternative, to Compel Arbitration or Stay Pending Arbitration. addressed to Judge John P. Cronan from Defendants dated 2/6/23. Finally, having reviewed the papers submitted by the parties thus far in connection with Defendants' motion to dismiss or to stay arbitration, and without prejudging that motion, the Court determines that the motion is sufficiently strong to counsel in favor of staying discovery. Weighing all four factors together, the Court grants Defendants' motion to stay discovery pending the resolution of their motion to dismiss for lack of standing or, in the alternative, to compel arbitration and stay this action pending arbitration. The Clerk of Court is respectfully directed to close the motion pending at Docket Number 32. SO ORDERED.. (Signed by Judge John P. Cronan on 2/27/2023) (jca)
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| Filing 36 REPLY to Response to Motion re: #28 MOTION to Dismiss for Lack of Jurisdiction (Standing) or, in the Alternative, to Compel Arbitration or Stay Pending Arbitration. . Document filed by Charles Anderson, Phillip Andrew Blankenship, Lindsey Luketic, Donald Drennan Williams, Jr...(Sansbury, Michael) |
| Filing 35 LETTER RESPONSE in Opposition to Motion addressed to Judge John P. Cronan from Clifford Atlas dated 02/14/2023 re: #32 LETTER MOTION to Stay re: #28 MOTION to Dismiss for Lack of Jurisdiction (Standing) or, in the Alternative, to Compel Arbitration or Stay Pending Arbitration. addressed to Judge John P. Cronan from Defendants dated 2/6/23. . Document filed by Marsh & McLennan Agency LLC..(Atlas, Clifford) |
| Filing 34 DECLARATION of Craig J. Reed in Opposition re: #28 MOTION to Dismiss for Lack of Jurisdiction (Standing) or, in the Alternative, to Compel Arbitration or Stay Pending Arbitration.. Document filed by Marsh & McLennan Agency LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5).(Atlas, Clifford) |
| Filing 33 MEMORANDUM OF LAW in Opposition re: #28 MOTION to Dismiss for Lack of Jurisdiction (Standing) or, in the Alternative, to Compel Arbitration or Stay Pending Arbitration. . Document filed by Marsh & McLennan Agency LLC..(Atlas, Clifford) |
| Filing 32 LETTER MOTION to Stay re: #28 MOTION to Dismiss for Lack of Jurisdiction (Standing) or, in the Alternative, to Compel Arbitration or Stay Pending Arbitration. addressed to Judge John P. Cronan from Defendants dated 2/6/23. Document filed by Charles Anderson, Phillip Andrew Blankenship, Lindsey Luketic, Donald Drennan Williams, Jr...(Sansbury, Michael) |
| Filing 31 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/23/2023 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) |
| Filing 30 TRANSCRIPT of Proceedings re: CONFERENCE held on 1/23/2023 before Judge John P. Cronan. Court Reporter/Transcriber: Amy Walker, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/27/2023. Redacted Transcript Deadline set for 3/9/2023. Release of Transcript Restriction set for 5/8/2023..(McGuirk, Kelly) |
| Minute Entry for proceedings held before Judge John P. Cronan: Telephone Conference held on January 23, 2023. The Court held the initial pretrial conference. If Defendants still seeks a stay of discovery in this case, they shall file a letter brief in favor of that stay by February 6, 2023. Plaintiffs opposition is due by February 21, 2023. (Court Reporter Amy Walker present). (mhe) |
| Filing 29 MEMORANDUM OF LAW in Support re: #28 MOTION to Dismiss for Lack of Jurisdiction (Standing) or, in the Alternative, to Compel Arbitration or Stay Pending Arbitration. . Document filed by Charles Anderson, Phillip Andrew Blankenship, Lindsey Luketic, Donald Drennan Williams, Jr.. (Attachments: #1 Exhibit 1 (Declaration of Donald Drennan Williams, Jr.), #2 Exhibit 2 (Civil Docket for Case No. 1:19-cv-03837-VSB (S.D.N.Y.))).(Sansbury, Michael) |
| Filing 28 MOTION to Dismiss for Lack of Jurisdiction (Standing) or, in the Alternative, to Compel Arbitration or Stay Pending Arbitration. Document filed by Charles Anderson, Phillip Andrew Blankenship, Lindsey Luketic, Donald Drennan Williams, Jr.. Responses due by 2/10/2023.(Sansbury, Michael) |
| Filing 27 PROPOSED CASE MANAGEMENT PLAN. Document filed by Marsh & McLennan Agency LLC..(Binsky, Cooper) |
| Filing 26 PROPOSED CASE MANAGEMENT PLAN. Document filed by Marsh & McLennan Agency LLC..(Binsky, Cooper) |
| Filing 25 INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. Document filed by Marsh & McLennan Agency LLC..(Binsky, Cooper) |
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Filing 24
NOTICE OF ASSIGNMENT: Counsel for all parties are hereby ORDERED to appear before the undersigned for an Initial Pretrial Conference ("IPTC") in accordance with Rule 16 of the Federal Rules of Civil Procedure on January 23, 2023 at 3:30 p.m. Unless the Court orders otherwise, the Court will conduct the IPTC by teleconference. At the scheduled time, counsel for all parties should call (866) 434-5269, access code 9176261. It is further ORDERED that the parties shall submit a joint letter, not to exceed five (5) pages, addressing the following in separate paragraphs as further set forth in this Order. SO ORDERED. ( Initial Conference set for 1/23/2023 at 03:30 PM before Judge John P. Cronan.) (Signed by Judge John P. Cronan on 12/28/22) (yv)
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Filing 23
MEMO ENDORSEMENT on re: #21 Letter filed by Marsh & McLennan Agency LLC. ENDORSEMENT Defendants are granted leave to file a motion to dismiss, or in the alternative to compel arbitration or for a stay. Defendants' motion shall be filed by January 20, 2023. Plaintiff shall file its response by February 10, 2023. Defendants shall file their reply, if any, by February 24, 2023. SO ORDERED. (Motions due by 1/20/2023., Replies due by 2/24/2023., Responses due by 2/10/2023) (Signed by Judge John P. Cronan on 12/27/2022) (jca)
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Filing 22
ORDER granting #20 Motion for Morgan Franz to Appear Pro Hac Vice (HEREBY ORDERED by Judge John P. Cronan)(Text Only Order) (mhe)
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| Filing 21 LETTER addressed to Judge John P. Cronan from Clifford R. Atlas dated December 22, 2022 re: Opposition to Defendants' Motion to Dismiss Pre-motion Letter. Document filed by Marsh & McLennan Agency LLC..(Atlas, Clifford) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #20 MOTION for Morgan Franz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27117591. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (sac) |
| Filing 20 MOTION for Morgan Franz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27117591. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Charles Anderson, Phillip Andrew Blankenship, Lindsey Luketic, Donald Drennan Williams, Jr.. (Attachments: #1 Affidavit Franz Affidavit in support of Motion to Appear PHV, #2 Text of Proposed Order Proposed Order Granting Franz Motion to Appear PHV).(Franz, Morgan) |
| Filing 19 LETTER addressed to Judge John P. Cronan from Michael T. Sansbury dated 12/19/2022 re: Motion to Dismiss, Compel, or Stay. Document filed by Charles Anderson, Phillip Andrew Blankenship, Lindsey Luketic, Donald Drennan Williams, Jr...(Sansbury, Michael) |
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Filing 18
ORDER granting #16 Motion for Jefferson Park Wynn to Appear Pro Hac Vice (HEREBY ORDERED by Judge John P. Cronan)(Text Only Order) (mhe)
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Filing 17
ORDER granting #15 Motion for Michael Todd Sansbury to Appear Pro Hac Vice (HEREBY ORDERED by Judge John P. Cronan)(Text Only Order) (mhe)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #16 MOTION for Jefferson Park Wynn 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. (sgz) |
| Filing 16 MOTION for Jefferson Park Wynn to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Charles Anderson, Phillip Andrew Blankenship, Lindsey Luketic, Donald Drennan Williams, Jr.. (Attachments: #1 Affidavit Affidavit in Support of Motion for Admission of J. Park Wynn, #2 Exhibit Certificate of Good Standing (Alabama), #3 Text of Proposed Order Proposed Order).(Wynn, Jefferson) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #15 MOTION for Michael Todd Sansbury 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. (sgz) |
| Filing 15 MOTION for Michael Todd Sansbury to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Charles Anderson, Phillip Andrew Blankenship, Lindsey Luketic, Donald Drennan Williams, Jr.. (Attachments: #1 Affidavit Affidavit in Support of Motion for Admission of Michael T. Sansbury Pro Hac Vice, #2 Exhibit Certificate of Good Standing (Alabama), #3 Exhibit Certificate of Good Standing (Georgia), #4 Text of Proposed Order Proposed Order).(Sansbury, Michael) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #14 MOTION for Jefferson Park Wynn 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): missing Certificate of Good Standing from Supreme Court of Alabama 334-242-4609. 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. (sgz) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #13 MOTION for Michael Todd Sansbury 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): missing Certificate of Good Standing from Supreme Court of Alabama 334-242-4609. 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. (sgz) |
| Filing 14 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Jefferson Park Wynn to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Charles Anderson, Phillip Andrew Blankenship, Lindsey Luketic, Donald Drennan Williams, Jr.. (Attachments: #1 Affidavit Affidavit in Support of Motion for Admission of J. Park Wynn, #2 Exhibit Certificate of Good Standing (Alabama), #3 Text of Proposed Order Proposed Order).(Wynn, Jefferson) Modified on 10/28/2022 (sgz). |
| Filing 13 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Michael Todd Sansbury to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Charles Anderson, Phillip Andrew Blankenship, Lindsey Luketic, Donald Drennan Williams, Jr.. (Attachments: #1 Affidavit Affidavit in Support of Motion for Admission of Michael T. Sansbury Pro Hac Vice, #2 Exhibit Certificate of Good Standing (Alabama), #3 Exhibit Certificate of Good Standing (Georgia), #4 Text of Proposed Order Proposed Order).(Sansbury, Michael) Modified on 10/28/2022 (sgz). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #10 MOTION for Michael Todd Sansbury to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26874701. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Proposed Order. 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) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #12 MOTION for Jefferson Park Wynn to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26875729. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Proposed Order. 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 12 MOTION for Jefferson Park Wynn to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26875729. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Charles Anderson, Phillip Andrew Blankenship, Lindsey Luketic, Donald Drennan Williams, Jr.. (Attachments: #1 Affidavit Affidavit in Support of Motion for Admission of J. Park Wynn, #2 Exhibit Certificate of Good Standing (Alabama)).(Wynn, Jefferson) |
| Filing 11 NOTICE OF APPEARANCE by Mark J. Astarita on behalf of Charles Anderson, Phillip Andrew Blankenship, Lindsey Luketic, Donald Drennan Williams, Jr...(Astarita, Mark) |
| Filing 10 FILING ERROR - DEFICIENT DOCKET ENTRY MOTION for Michael Todd Sansbury to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26874701. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Charles Anderson, Phillip Andrew Blankenship, Lindsey Luketic, Donald Drennan Williams, Jr.. (Attachments: #1 Affidavit Affidavit in Support of Motion for Admission of Michael T. Sansbury Pro Hac Vice, #2 Exhibit Certificate of Good Standing (Alabama), #3 Exhibit Certificate of Good Standing (Georgia)).(Sansbury, Michael) Modified on 10/27/2022 (sac). |
| Filing 9 WAIVER OF SERVICE RETURNED EXECUTED. Donald Drennan Williams, Jr. waiver sent on 10/20/2022, answer due 12/19/2022. Document filed by Marsh & McLennan Agency LLC..(Atlas, Clifford) |
| Filing 8 WAIVER OF SERVICE RETURNED EXECUTED. Lindsey Luketic waiver sent on 10/20/2022, answer due 12/19/2022. Document filed by Marsh & McLennan Agency LLC..(Atlas, Clifford) |
| Filing 7 WAIVER OF SERVICE RETURNED EXECUTED. Phillip Andrew Blankenship waiver sent on 10/20/2022, answer due 12/19/2022. Document filed by Marsh & McLennan Agency LLC..(Atlas, Clifford) |
| Filing 6 WAIVER OF SERVICE RETURNED EXECUTED. Charles Anderson waiver sent on 10/20/2022, answer due 12/19/2022. Document filed by Marsh & McLennan Agency LLC..(Atlas, Clifford) |
| Filing 5 CIVIL COVER SHEET filed..(Atlas, Clifford) |
| Filing 4 NOTICE OF APPEARANCE by Cooper Binsky on behalf of Marsh & McLennan Agency LLC..(Binsky, Cooper) |
| Filing 3 NOTICE OF APPEARANCE by Clifford Atlas on behalf of Marsh & McLennan Agency LLC..(Atlas, Clifford) |
| Magistrate Judge Jennifer Willis 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 OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John P. Cronan. 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) |
| Case Designated ECF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Clifford Atlas to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): If jurisdiction is Federal Question, do not fill out citizenship of principal parties. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Clifford Atlas. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:294; County code Albany;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1331; the County code has been modified to Westchester;. (pc) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Atlas, Clifford) Modified on 10/20/2022 (pc). |
| Filing 1 COMPLAINT against Charles Anderson, Phillip Andrew Blankenship, Lindsey Luketic, Donald Drennan Williams, Jr.. (Filing Fee $ 402.00, Receipt Number ANYSDC-26841597)Document filed by Marsh & McLennan Agency LLC..(Atlas, Clifford) |
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