HICKEY et al v. SMITH et al
| JOSEPH P. HICKEY and LAUREL ULRICH |
| RICHARD F. PASSARELLI, JOSEPH C. PHAIR, BV AT JFK, INC., J. CALDWELL CORPORATION, JJJ&R CORPORATION, VERONICA & JOSEPHINE CORPORATION, C. SMITH CORPORATION, STRATHROY PARK CORPORATION and R.J.J.J. RESTAURANT CORPORATION |
| JOSEPH P. SMITH and JOSEPH J. GRILLO |
| 1:2023cv02538 |
| March 25, 2023 |
| US District Court for the Southern District of New York |
| Mary Kay Vyskocil |
| Other Fraud |
| 18 U.S.C. § 1962 Racketeering (RICO) Act |
| Plaintiff |
Docket Report
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Filing 87
DECLARATION of Jon L. Brunenkant in Support re: #80 MOTION for Leave to File Second Amended Complaint .. Document filed by JOSEPH P. HICKEY, LAUREL ULRICH. (Attachments: #1 Exhibit P-1 Joseph Hickey's Park Avenue BV Stock Certificate, #2 Exhibit P-2 Affidavit of Joseph Hickey regarding Park Avenue BV, #3 Exhibit P-3 Judge McFadden's Order Denying Defendants Smith and Grillo's Motion to Dismiss in Case 21-cv-2984).(Brunenkant, Jon)
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Filing 86
REPLY MEMORANDUM OF LAW in Support re: #80 MOTION for Leave to File Second Amended Complaint . . Document filed by JOSEPH P. HICKEY, LAUREL ULRICH..(Brunenkant, Jon)
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Filing 85
DECLARATION of David A. Wilson in Opposition re: #80 MOTION for Leave to File Second Amended Complaint .. Document filed by BV AT JFK, INC., C. SMITH CORPORATION, JOSEPH J. GRILLO, J. CALDWELL CORPORATION, R.J.J.J. RESTAURANT CORPORATION, JOSEPH P. SMITH, STRATHROY PARK CORPORATION, VERONICA & JOSEPHINE CORPORATION. (Attachments: #1 Exhibit A - Stock Purchase Agreement, #2 Exhibit B - Amended Stock Purchase and Sale Agreement, #3 Exhibit C - Hickey's Crossclaims in Prior Action, #4 Exhibit D - Dismissal in Prior Action).(Wilson, David)
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Filing 84
MEMORANDUM OF LAW in Opposition re: #80 MOTION for Leave to File Second Amended Complaint . . Document filed by BV AT JFK, INC., C. SMITH CORPORATION, JOSEPH J. GRILLO, J. CALDWELL CORPORATION, R.J.J.J. RESTAURANT CORPORATION, JOSEPH P. SMITH, STRATHROY PARK CORPORATION, VERONICA & JOSEPHINE CORPORATION..(Wilson, David)
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Filing 83
MEMORANDUM OF LAW in Opposition re: #80 MOTION for Leave to File Second Amended Complaint . . Document filed by JJJ&R CORPORATION, RICHARD F. PASSARELLI..(Zerykier, Aaron)
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Filing 82
MEMORANDUM OF LAW in Opposition re: #80 MOTION for Leave to File Second Amended Complaint . . Document filed by JOSEPH C. PHAIR..(Levine, Peter)
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Filing 81
DECLARATION of Peter M. Levine in Opposition re: #80 MOTION for Leave to File Second Amended Complaint .. Document filed by JOSEPH C. PHAIR..(Levine, Peter)
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Filing 80
MOTION for Leave to File Second Amended Complaint . Document filed by JOSEPH P. HICKEY, LAUREL ULRICH. (Attachments: #1 Affidavit Memorandum in Support of Motion, #2 Exhibit Draft of Second Amended Complaint).(Brunenkant, Jon)
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Filing 79
ORDER granting #78 Motion for Anna M. Stressenger to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #78 MOTION for Anna M. Stressenger 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. (va)
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Filing 78
MOTION for Anna M. Stressenger to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by BV AT JFK, INC., C. SMITH CORPORATION, JOSEPH J. GRILLO, J. CALDWELL CORPORATION, R.J.J.J. RESTAURANT CORPORATION, JOSEPH P. SMITH, STRATHROY PARK CORPORATION, VERONICA & JOSEPHINE CORPORATION. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Affidavit Local Rule 1.3 Affidavit, #3 Text of Proposed Order Order for Admission Pro Hac Vice).(Stressenger, Anna) Modified on 4/18/2023 (va).
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Filing 77
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Anna M. Stressenger to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27616032. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by BV AT JFK, INC., C. SMITH CORPORATION, JOSEPH J. GRILLO, J. CALDWELL CORPORATION, R.J.J.J. RESTAURANT CORPORATION, JOSEPH P. SMITH, STRATHROY PARK CORPORATION, VERONICA & JOSEPHINE CORPORATION. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Affidavit Local Rule 1.3 Affidavit, #3 Text of Proposed Order Order for Admission Pro Hac Vice).(Stressenger, Anna) Modified on 4/17/2023 (dsh).
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Filing 76
ORDER granting #75 Motion for David A. Wilson to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #77 MOTION for Anna M. Stressenger to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27616032. 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 from the District of Columbia;. 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.. (dsh)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #77 MOTION for Anna M. Stressenger to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number ANYSDC-27616032. 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 from District of Columbia Court of Appeals. 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. (va)
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Filing 75
MOTION for David A. Wilson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27602763. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by BV AT JFK, INC., C. SMITH CORPORATION, JOSEPH J. GRILLO, J. CALDWELL CORPORATION, R.J.J.J. RESTAURANT CORPORATION, JOSEPH P. SMITH, STRATHROY PARK CORPORATION, VERONICA & JOSEPHINE CORPORATION. (Attachments: #1 Exhibit - Local Rule 1.3 Affidavit, #2 Exhibit A - certificates of good standing for Maryland, Massachusetts and District of Columbia, #3 Exhibit - Text of Proposed Order).(Wilson, David)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #75 MOTION for David A. Wilson to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number ANYSDC-27602763. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (va)
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Filing 74
STATUS REPORT. Joint Status Letter Document filed by JOSEPH P. HICKEY, LAUREL ULRICH..(Brunenkant, Jon)
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Filing 73
NOTICE OF APPEARANCE by Jon Lodwick Brunenkant on behalf of JOSEPH P. HICKEY, LAUREL ULRICH..(Brunenkant, Jon)
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Filing 72
NOTICE OF APPEARANCE by Tara Whelan on behalf of JOSEPH P. HICKEY..(Whelan, Tara)
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Filing 71
NOTICE OF APPEARANCE by Aaron E. Zerykier on behalf of JJJ&R CORPORATION, RICHARD F. PASSARELLI..(Zerykier, Aaron)
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Filing 70
NOTICE OF APPEARANCE by Renee Zaytsev on behalf of BV AT JFK, INC., C. SMITH CORPORATION, JOSEPH J. GRILLO, J. CALDWELL CORPORATION, R.J.J.J. RESTAURANT CORPORATION, JOSEPH P. SMITH, STRATHROY PARK CORPORATION, VERONICA & JOSEPHINE CORPORATION..(Zaytsev, Renee)
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Filing 69
ORDER granting #68 Motion for Jon Lodwick Brunenkant to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz)
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Filing 68
MOTION for Jon Lodwick Brunenkant to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27579566. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by JOSEPH P. HICKEY, LAUREL ULRICH. (Attachments: #1 Affidavit of Jon L. Brunenkant, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Granting Admission Pro Hac Vice).(Brunenkant, Jon) Modified on 4/7/2023(sgz).
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #68 MOTION for Jon Lodwick Brunenkant to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27579566. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
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Filing 67
NOTICE OF APPEARANCE by Peter Michael Levine on behalf of JOSEPH C. PHAIR..(Levine, Peter)
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Filing 66
ORDER: The parties are HEREBY DIRECTED to disregard the Joint Status Letter deadline in the Order at ECF No. 65. The Joint Status Letter must be filed on or before April 10, 2023, as directed in the Order at ECF No. 64. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 4/4/2023) (tg)
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Filing 65
ORDER. The parties are HEREBY ORDERED to file a Joint Status Letter on or before April 10, 2023 regarding the status and procedural history of this case. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 4/3/23) (yv) Modified on 4/25/2023 (yv).
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Filing 64
ORDER: The parties are HEREBY ORDERED to file a Joint Status Letter on or before April 10, 2023 regarding the status and procedural history of this case. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 4/3/2023) (tg)
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Filing 63
CASE TRANSFERRED IN from the United States District Court - District of District of Columbia; Case Number: 1:22-cv-02343. Original file certified copy of transfer order and docket entries received.
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CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Mary Kay Vyskocil. 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..(vba)
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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. (vba)
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NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (vba)
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Case Designated ECF. (vba)
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Set/Reset Deadlines: Transfer due by 2/24/2023. (hmc) [Transferred from District of Columbia on 3/25/2023.]
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Filing 62
ORDER. For the reasons stated in #61 Memorandum Opinion, this case is hereby transferred to the Southern District of New York. See attached Order for details. Signed by Judge Trevor N. McFadden on 2/14/2023. (lctnm2) [Transferred from District of Columbia on 3/25/2023.]
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Filing 61
MEMORANDUM OPINION re #30 Motion to Dismiss, #31 Motion to Dismiss. See attached Opinion for details. Signed by Judge Trevor N. McFadden on 2/14/2023. (lctnm2) [Transferred from District of Columbia on 3/25/2023.]
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Minute Entry for proceedings held before Judge Trevor N. McFadden: Motion Hearing held on 12/20/2022 re #30 Motion to Dismiss Plaintiff's Amended First Complaint, #31 Motion to Dismiss Amended Complaint. Held under advisement. (Court Reporter: Lisa Edwards.) (hmc) [Transferred from District of Columbia on 3/25/2023.]
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Filing 60
NOTICE of Appearance by Lauren E. Tucker McCubbin on behalf of JJJ&R CORPORATION, RICHARD F. PASSARELLI (Tucker McCubbin, Lauren) [Transferred from District of Columbia on 3/25/2023.]
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Filing 59
NOTICE of Appearance by Amber J. Simon on behalf of JJJ&R CORPORATION, RICHARD F. PASSARELLI (Simon, Amber) [Transferred from District of Columbia on 3/25/2023.]
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Filing 58
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Lauren E. Tucker McCubbin, Filing fee $ 100, receipt number ADCDC-9728483. Fee Status: Fee Paid. by JJJ&R CORPORATION, RICHARD F. PASSARELLI. (Attachments: #1 Declaration Lauren E. Tucker McCubbin, #2 Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order)(Allen, Herbert) [Transferred from District of Columbia on 3/25/2023.]
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Filing 57
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Amber Joy Simon, Filing fee $ 100, receipt number ADCDC-9728379. Fee Status: Fee Paid. by JJJ&R CORPORATION, RICHARD F. PASSARELLI. (Attachments: #1 Declaration Amber Joy Simon, #2 Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order)(Allen, Herbert) [Transferred from District of Columbia on 3/25/2023.]
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MINUTE ORDER granting #57 Motion for Leave to Appear Pro Hac Vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/12/2022. (lctnm2) [Transferred from District of Columbia on 3/25/2023.]
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MINUTE ORDER granting #58 Motion for Leave to Appear Pro Hac Vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/12/2022. (lctnm2) [Transferred from District of Columbia on 3/25/2023.]
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Filing 56
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Amber Joy Simon, Filing fee $ 100, receipt number ADCDC-9717718. Fee Status: Fee Paid. by JJJ&R CORPORATION, RICHARD F. PASSARELLI. (Attachments: #1 Declaration Amber Joy Simon, #2 Text of Proposed Order)(Allen, Herbert) [Transferred from District of Columbia on 3/25/2023.]
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Filing 55
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Lauren E. Tucker McCubbin, Filing fee $ 100, receipt number ADCDC-9717671. Fee Status: Fee Paid. by JJJ&R CORPORATION, RICHARD F. PASSARELLI. (Attachments: #1 Declaration Lauren E. Tucker McCubbin, #2 Text of Proposed Order)(Allen, Herbert) [Transferred from District of Columbia on 3/25/2023.]
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MINUTE ORDER denying #56 Motion for Leave to Appear Pro Hac Vice: Attorney Name- Amber Joy Simon. Pro Hac Vice motions must be accompanied by a Certificate of Good Standing issued within the last 30 days. See Local Civil Rule 83.2(c)(2). SO ORDERED. Signed by Judge Trevor N. McFadden on 12/7/2022. (lctnm2) [Transferred from District of Columbia on 3/25/2023.]
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MINUTE ORDER denying #55 Motion for Leave to Appear Pro Hac Vice: Attorney Name- Lauren E. Tucker McCubbin. Pro Hac Vice motions must be accompanied by a Certificate of Good Standing issued within the last 30 days. See Local Civil Rule 83.2(c)(2). SO ORDERED. Signed by Judge Trevor N. McFadden on 12/7/2022. (lctnm2) [Transferred from District of Columbia on 3/25/2023.]
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MINUTE ORDER: Upon consideration of #30 Motion to Dismiss and #31 Motion to Dismiss, all parties are hereby ORDERED to appear for a motions hearing at 10:00 A.M. on December 20, 2022. The hearing will be in-person before Judge Trevor N. McFadden in Courtroom 2. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/5/2022. (lctnm2) [Transferred from District of Columbia on 3/25/2023.]
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Set/Reset Hearings: Motion Hearing set for 12/20/2022 at 10:00 AM in Courtroom 2- In Person before Judge Trevor N. McFadden. (hmc) [Transferred from District of Columbia on 3/25/2023.]
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Filing 54
ORDER denying Plaintiffs' #53 Motion for Partial Summary Judgment without prejudice. See attached Order for details. Signed by Judge Trevor N. McFadden on 12/2/2022. (lctnm2) [Transferred from District of Columbia on 3/25/2023.]
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Filing 53
MOTION for Partial Summary Judgment for Partial Summary Judgment by JOSEPH P. HICKEY, LAUREL ULRICH. (Attachments: #1 Memorandum in Support of Motion for Summary Judgement Against Smith, Phair and Passarelli Regarding Park Avenue Restaurant, #2 Statement of Facts Statement of Material Facts As To Which There Is No Genuine Issue Regarding Park Avenue Restaurant, #3 Text of Proposed Order Granting Partial Summary Judgement Against Smith, Phair and Passarelli, #4 Exhibit Exh. A -2017 Option Agreement, #5 Exhibit Exh. B -2017 Exchange Agreement, #6 Exhibit Exh. C -2021 Smith-Hickey Agreement, #7 Exhibit Exh. D -Affidavit of Hickey, #8 Exhibit Exh. D-1 -Directors of Park Avenue, #9 Exhibit Exh. D-2 -Officers of Bobby Van's Restaurants in 2014-2015, #10 Exhibit Exh. D-3 -Forms of Stock Certificates as part of Bylaws, #11 Exhibit Exh. D-4 Corporate Bylaws From Other BV Restaurants, #12 Exhibit Exh. D-5 Email from Hickey to Smith and Phair)(Brunenkant, Jon) Modified event on 11/29/2022 (znmw). [Transferred from District of Columbia on 3/25/2023.]
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Filing 52
ANSWER to #12 Amended Complaint by JOSEPH C. PHAIR.(Levine, Peter) [Transferred from District of Columbia on 3/25/2023.]
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Filing 51
NOTICE of Appearance by Peter M. Levine on behalf of JOSEPH C. PHAIR (Levine, Peter) [Transferred from District of Columbia on 3/25/2023.]
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Filing 50
NOTICE of Appearance by Christopher Michael Loveland on behalf of JOSEPH C. PHAIR (Loveland, Christopher) [Transferred from District of Columbia on 3/25/2023.]
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Filing 49
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Peter M. Levine, Filing fee $ 100, receipt number ADCDC-9690823. Fee Status: Fee Paid. by JOSEPH C. PHAIR. (Attachments: #1 Exhibit A - Declaration of Peter M. Levine, #2 Text of Proposed Order)(Kim, Hwan) [Transferred from District of Columbia on 3/25/2023.]
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Filing 48
NOTICE of Appearance by Hwan Kim on behalf of JOSEPH C. PHAIR (Kim, Hwan) [Transferred from District of Columbia on 3/25/2023.]
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MINUTE ORDER granting #49 Motion for Leave to Appear Pro Hac Vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) #Click for instructions. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/22/2022. (lctnm2) [Transferred from District of Columbia on 3/25/2023.]
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Filing 47
REPLY to opposition to motion re #31 MOTION to Dismiss Amended Complaint filed by JJJ&R CORPORATION, RICHARD F. PASSARELLI. (Allen, Herbert) [Transferred from District of Columbia on 3/25/2023.]
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Filing 46
Unopposed MOTION for Extension of Time to File Response/Reply as to #31 MOTION to Dismiss Amended Complaint by JJJ&R CORPORATION, RICHARD F. PASSARELLI. (Attachments: #1 Text of Proposed Order)(Allen, Herbert) [Transferred from District of Columbia on 3/25/2023.]
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MINUTE ORDER granting #46 Unopposed Motion for Extension of Time to File Response/Reply. Defendants Passarelli and JJJ&R Restaurant, Inc. shall file their Reply to Plaintiffs #45 Memorandum in Opposition on or before November 18, 2022. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/10/2022. (lctnm2) [Transferred from District of Columbia on 3/25/2023.]
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Filing 45
Memorandum in opposition to re #31 Motion to Dismiss and Requesting Conversion to Motion for Summary Judgment Against Passarelli filed by JOSEPH P. HICKEY, LAUREL ULRICH. (Attachments: #1 Text of Proposed Order Denying Motion to Dismiss and Granting Conversion to Motion to Summary Judgment)(Brunenkant, Jon) [Transferred from District of Columbia on 3/25/2023.]
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Filing 44
Unopposed MOTION Acceptance of Non-Substantive Corrections to Answer re #29 COUNTERCLAIM by JOSEPH P. HICKEY. (Attachments: #1 Memorandum in Support of Unopposed Motion to "Correct" Answer, #2 Exhibit 'Corrected" Answer to Counterclaim, #3 Text of Proposed Order)(Brunenkant, Jon) [Transferred from District of Columbia on 3/25/2023.]
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Set/Reset Deadlines: Mr. Phair's answer due by 11/28/2022. (hmc) [Transferred from District of Columbia on 3/25/2023.]
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MINUTE ORDER granting #44 Unopposed Motion for Acceptance of Non-Substantive Corrections to Answer. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/7/2022. (lctnm2) [Transferred from District of Columbia on 3/25/2023.]
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Filing 43
Unopposed MOTION for Extension of Time to for Defendant Phair to File Answer, MOTION for Extension of Time to File Answer by JOSEPH P. HICKEY, LAUREL ULRICH. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Brunenkant, Jon) [Transferred from District of Columbia on 3/25/2023.]
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MINUTE ORDER granting #43 Unopposed Motion for Extension of Time for Defendant Phair to File Answer. Mr. Phair may have until November 28, 2022, to file his responsive pleading. The Court directs the parties to the #7 Standing Order, including Paragraph 9, which requires all motions for extension to be filed at least four business days in advance of the deadline. No further extensions will be granted absent extraordinary circumstances. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/4/2022. (lctnm2) [Transferred from District of Columbia on 3/25/2023.]
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Filing 42
REPLY to opposition to motion re #30 MOTION to Dismissto Dismiss filed by BV AT JFK, INC., C. SMITH CORPORATION, JOSEPH J. GRILLO, J. CALDWELL CORPORATION, R.J.J.J. RESTAURANT CORPORATION, JOSEPH P. SMITH, STRATHROY PARK CORPORATION, VERONICA & JOSEPHINE CORPORATION. (Wilson, David) Modified on 11/3/2022 to add docket relationhip (zed). [Transferred from District of Columbia on 3/25/2023.]
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Filing 41
ANSWER to Counterclaim #29 by JOSEPH P. HICKEY.(Brunenkant, Jon) [Transferred from District of Columbia on 3/25/2023.]
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Filing 40
LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests on behalf of Defendant Veronica and Josephine Corporation by BV AT JFK, INC., C. SMITH CORPORATION, JOSEPH J. GRILLO, J. CALDWELL CORPORATION, R.J.J.J. RESTAURANT CORPORATION, JOSEPH P. SMITH, STRATHROY PARK CORPORATION, VERONICA & JOSEPHINE CORPORATION (Wilson, David) [Transferred from District of Columbia on 3/25/2023.]
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Filing 39
LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests on behalf of Defendant Strathroy Park Corporation by BV AT JFK, INC., C. SMITH CORPORATION, JOSEPH J. GRILLO, J. CALDWELL CORPORATION, R.J.J.J. RESTAURANT CORPORATION, JOSEPH P. SMITH, STRATHROY PARK CORPORATION, VERONICA & JOSEPHINE CORPORATION (Wilson, David) [Transferred from District of Columbia on 3/25/2023.]
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Filing 38
LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests on behalf of Defendant RJJJ Restaurant Corporation by BV AT JFK, INC., C. SMITH CORPORATION, JOSEPH J. GRILLO, J. CALDWELL CORPORATION, R.J.J.J. RESTAURANT CORPORATION, JOSEPH P. SMITH, STRATHROY PARK CORPORATION, VERONICA & JOSEPHINE CORPORATION (Wilson, David) [Transferred from District of Columbia on 3/25/2023.]
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Filing 37
LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests on behalf of Defendant J. Caldwell Corporation by BV AT JFK, INC., C. SMITH CORPORATION, JOSEPH J. GRILLO, J. CALDWELL CORPORATION, JJJ&R CORPORATION, R.J.J.J. RESTAURANT CORPORATION, JOSEPH P. SMITH, STRATHROY PARK CORPORATION, VERONICA & JOSEPHINE CORPORATION (Wilson, David) [Transferred from District of Columbia on 3/25/2023.]
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Filing 36
LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests on behalf of Defendant C. Smith Corporation by BV AT JFK, INC., C. SMITH CORPORATION, JOSEPH J. GRILLO, J. CALDWELL CORPORATION, JJJ&R CORPORATION, R.J.J.J. RESTAURANT CORPORATION, JOSEPH P. SMITH, STRATHROY PARK CORPORATION, VERONICA & JOSEPHINE CORPORATION (Wilson, David) [Transferred from District of Columbia on 3/25/2023.]
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Filing 35
LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests on behalf of Defendant BV at JFK, Inc. by BV AT JFK, INC., C. SMITH CORPORATION, JOSEPH J. GRILLO, J. CALDWELL CORPORATION, JJJ&R CORPORATION, R.J.J.J. RESTAURANT CORPORATION, JOSEPH P. SMITH, STRATHROY PARK CORPORATION, VERONICA & JOSEPHINE CORPORATION (Wilson, David) [Transferred from District of Columbia on 3/25/2023.]
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Filing 34
Memorandum in opposition to re #30 Motion to Dismiss, filed by JOSEPH P. HICKEY, LAUREL ULRICH. (Brunenkant, Jon) [Transferred from District of Columbia on 3/25/2023.]
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Filing 33
MOTION for Leave to File Second Amended Complaint by JOSEPH P. HICKEY, LAUREL ULRICH. (Attachments: #1 Memorandum in Support Motion for Leave to file Second Amended Complaint, #2 Exhibit Second Amended Complaint, #3 Exhibit Redlined Tracking of Changes to Complaint, #4 Text of Proposed Order Granitnf Leave to File Second Amended Complaint)(Brunenkant, Jon) [Transferred from District of Columbia on 3/25/2023.]
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MINUTE ORDER denying Plaintiffs' #33 Motion for Leave to File Second Amended Complaint. Plaintiffs are instructed to file a motion that complies with LCvR 7(m), which requires the moving party to discuss any anticipated nondispositive motion in a civil action with opposing counsel and to "include in its motion a statement that the required discussion occurred, and a statement as to whether the motion is opposed." SO ORDERED. Signed by Judge Trevor N. McFadden on 10/26/2022. (lctnm2) [Transferred from District of Columbia on 3/25/2023.]
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Filing 32
LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by JJJ&R CORPORATION (Allen, Herbert) [Transferred from District of Columbia on 3/25/2023.]
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Filing 31
MOTION to Dismiss Amended Complaint by JJJ&R CORPORATION, RICHARD F. PASSARELLI. (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Text of Proposed Order)(Allen, Herbert) [Transferred from District of Columbia on 3/25/2023.]
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MINUTE ORDER striking #27 Motion to Dismiss Plaintiffs' First Amended Complaint. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/18/2022. (lctnm2) [Transferred from District of Columbia on 3/25/2023.]
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Filing 30
MOTION to Dismiss Plaintiff's Amended First Complaint by BV AT JFK, INC., C. SMITH CORPORATION, JOSEPH J. GRILLO, J. CALDWELL CORPORATION, R.J.J.J. RESTAURANT CORPORATION, JOSEPH P. SMITH, STRATHROY PARK CORPORATION, VERONICA & JOSEPHINE CORPORATION. (Attachments: #1 Memorandum in Support, #2 Exhibit, #3 Exhibit, #4 Text of Proposed Order)(Wilson, David) [Transferred from District of Columbia on 3/25/2023.]
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Filing 29
COUNTERCLAIM against JOSEPH P. HICKEY filed by JOSEPH J. GRILLO, JOSEPH P. SMITH. (Attachments: #1 Exhibit, #2 Exhibit)(Wilson, David) [Transferred from District of Columbia on 3/25/2023.]
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Filing 28
ANSWER to #12 Amended Complaint by BV AT JFK, INC., C. SMITH CORPORATION, JOSEPH J. GRILLO, J. CALDWELL CORPORATION, R.J.J.J. RESTAURANT CORPORATION, JOSEPH P. SMITH, STRATHROY PARK CORPORATION, VERONICA & JOSEPHINE CORPORATION.(Wilson, David) [Transferred from District of Columbia on 3/25/2023.]
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Filing 27
STRICKEN PURSUANT TO MINUTE ORDER ENTERED ON 10/18/2022.....MOTION to Dismiss Plaintiffs First Amended Complaint by BV AT JFK, INC., C. SMITH CORPORATION, JOSEPH J. GRILLO, J. CALDWELL CORPORATION, R.J.J.J. RESTAURANT CORPORATION, JOSEPH P. SMITH, STRATHROY PARK CORPORATION, VERONICA & JOSEPHINE CORPORATION. (Attachments: #1 Memorandum in Support, #2 Exhibit, #3 Exhibit, #4 Text of Proposed Order)(Wilson, David) Modified on 10/18/2022 (hmc). [Transferred from District of Columbia on 3/25/2023.]
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MINUTE ORDER granting Plaintiffs' #26 Unopposed Motion for 3-Week Extension of Time. Mr. Phair may have until November 7, 2022, to file his responsive pleading. Further extension requests will be disfavored. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/11/2022. (lctnm2) [Transferred from District of Columbia on 3/25/2023.]
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Set/Reset Deadlines: Responsive pleading due by 11/7/2022. (hmc) [Transferred from District of Columbia on 3/25/2023.]
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Filing 26
Unopposed MOTION for Extension of Time to File Answer by JOSEPH P. HICKEY, LAUREL ULRICH. (Attachments: #1 Text of Proposed Order Granting Extension to November 7, 2022)(Brunenkant, Jon) [Transferred from District of Columbia on 3/25/2023.]
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MINUTE ORDER granting defendants' #25 Motion for Extension of Time to File Answer. Defendants Grillo, Smith, BV at JFK, Inc., C. Smith Corporation, J. Caldwell Corporation, R.J.J.J. Restaurant Corporation, Strathroy Park Corporation, and the Veronica & Josephine Corporation shall respond to the #12 Amended Complaint by October 14, 2022. The Court directs the parties attention to Paragraph 9(A) of the #7 Standing Order which requires that Motions for Extension of Time be filed no later than four business days before any deadline and admonishes the parties to comply with that rule in the future. SO ORDERED. Signed by Judge Trevor N. McFadden on October 5, 2022. (lctnm2) [Transferred from District of Columbia on 3/25/2023.]
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Set/Reset Deadlines: Response to Complaint due by 10/14/2022. (hmc) [Transferred from District of Columbia on 3/25/2023.]
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Filing 25
MOTION for Extension of Time to File Answer re #12 Amended Complaint by BV AT JFK, INC., C. SMITH CORPORATION, JOSEPH J. GRILLO, J. CALDWELL CORPORATION, R.J.J.J. RESTAURANT CORPORATION, JOSEPH P. SMITH, STRATHROY PARK CORPORATION, VERONICA & JOSEPHINE CORPORATION. (Wilson, David) [Transferred from District of Columbia on 3/25/2023.]
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MINUTE ORDER granting #24 Motion for Extension of Time. Defendant Phair shall respond to the #12 Amended Complaint by October 15, 2022. The Court directs the parties' attention to Paragraph 9(A) of the Court's #7 Standing Order, which requires all motions for extension of time be filed at least four business days before the affected deadline. The Court admonishes the parties to comply with that rule in the future. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/21/22. (lctnm2) [Transferred from District of Columbia on 3/25/2023.]
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Set/Reset Deadlines: Defendant Phair's response to the Complaint due by 10/15/2022. (hmc) [Transferred from District of Columbia on 3/25/2023.]
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Filing 24
MOTION for Extension of Time to File Answer re #1 Complaint,, On Behalf of Defendant Joseph C. Phair by JOSEPH P. HICKEY, LAUREL ULRICH. (Attachments: #1 Text of Proposed Order Granting Defendant Phair a 30-day extension to file answer)(Brunenkant, Jon) [Transferred from District of Columbia on 3/25/2023.]
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NOTICE OF ERROR re #16 Waiver of Service; emailed to jonbrunenkant@gmail.com, cc'd 0 associated attorneys -- The PDF file you docketed contained errors: 1. Please note the following for future filings; do not refile document, 2. Form is fillable; document must be a non-fillable PDF (zed, ) [Transferred from District of Columbia on 3/25/2023.]
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Filing 23
WAIVER OF SERVICE. VERONICA & JOSEPHINE CORPORATION waiver sent on 8/8/2022, answer due 10/7/2022. (Brunenkant, Jon) (Main Document 23 replaced on 9/16/2022) (zed). [Transferred from District of Columbia on 3/25/2023.]
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Filing 22
WAIVER OF SERVICE. JOSEPH P. SMITH waiver sent on 8/8/2022, answer due 10/7/2022. (Brunenkant, Jon) (Main Document 22 replaced on 9/16/2022) (zed). [Transferred from District of Columbia on 3/25/2023.]
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Filing 21
WAIVER OF SERVICE. STRATHROY PARK CORPORATION waiver sent on 8/8/2022, answer due 10/7/2022. (Brunenkant, Jon) (Main Document 21 replaced on 9/16/2022) (zed). [Transferred from District of Columbia on 3/25/2023.]
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Filing 20
WAIVER OF SERVICE. R.J.J.J. RESTAURANT CORPORATION waiver sent on 8/8/2022, answer due 10/7/2022. (Brunenkant, Jon) (Main Document 20 replaced on 9/16/2022) (zed). [Transferred from District of Columbia on 3/25/2023.]
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Filing 19
WAIVER OF SERVICE. JOSEPH J. GRILLO waiver sent on 8/8/2022, answer due 10/7/2022. (Brunenkant, Jon) (Main Document 19 replaced on 9/16/2022) (zed). [Transferred from District of Columbia on 3/25/2023.]
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Filing 18
WAIVER OF SERVICE. J. CALDWELL CORPORATION waiver sent on 8/8/2022, answer due 10/7/2022. (Brunenkant, Jon) (Main Document 18 replaced on 9/16/2022) (zed). [Transferred from District of Columbia on 3/25/2023.]
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Filing 17
WAIVER OF SERVICE. C. SMITH CORPORATION waiver sent on 8/8/2022, answer due 10/7/2022. (Brunenkant, Jon) (Main Document 17 replaced on 9/16/2022) (zed). [Transferred from District of Columbia on 3/25/2023.]
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Filing 16
WAIVER OF SERVICE. BV AT JFK, INC. waiver sent on 8/8/2022, answer due 10/7/2022. (Brunenkant, Jon) (Main Document 16 replaced on 9/16/2022) (zed). [Transferred from District of Columbia on 3/25/2023.]
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Filing 15
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JOSEPH C. PHAIR served on 8/25/2022, answer due 9/15/2022 (Brunenkant, Jon) [Transferred from District of Columbia on 3/25/2023.]
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Filing 14
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JOSEPH J. GRILLO served on 8/25/2022, answer due 9/15/2022 (Brunenkant, Jon) [Transferred from District of Columbia on 3/25/2023.]
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Filing 13
WAIVER OF SERVICE. JJJ&R CORPORATION waiver sent on 8/26/2022, answer due 10/25/2022; RICHARD F. PASSARELLI waiver sent on 8/26/2022, answer due 10/25/2022. (Brunenkant, Jon) (Main Document 13 replaced on 9/1/2022) (zed). [Transferred from District of Columbia on 3/25/2023.]
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Filing 12
AMENDED COMPLAINT against All Defendants with Jury Demand filed by JOSEPH P. HICKEY, LAUREL ULRICH. (Attachments: #1 Exhibit Tracked Changes to Complaint)(Brunenkant, Jon) [Transferred from District of Columbia on 3/25/2023.]
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Filing 11
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. STRATHROY PARK CORPORATION served on 8/23/2022, answer due 9/13/2022 (Brunenkant, Jon) [Transferred from District of Columbia on 3/25/2023.]
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Filing 10
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. R.J.J.J. RESTAURANT CORPORATION served on 8/23/2022, answer due 9/13/2022 (Brunenkant, Jon) [Transferred from District of Columbia on 3/25/2023.]
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Filing 9
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. BV AT JFK, INC. served on 8/11/2022, answer due 9/1/2022 (Brunenkant, Jon) [Transferred from District of Columbia on 3/25/2023.]
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Filing 8
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JOSEPH P. SMITH served on 8/18/2022, answer due 9/8/2022 (Brunenkant, Jon) [Transferred from District of Columbia on 3/25/2023.]
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Filing 7
STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 8/17/22. (lctnm2) [Transferred from District of Columbia on 3/25/2023.]
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Filing 6
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. C. SMITH CORPORATION served on 8/15/2022, answer due 9/5/2022 (Brunenkant, Jon) [Transferred from District of Columbia on 3/25/2023.]
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Filing 5
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. VERONICA & JOSEPHINE CORPORATION served on 8/11/2022, answer due 9/1/2022 (Brunenkant, Jon) [Transferred from District of Columbia on 3/25/2023.]
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Filing 4
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JJJ&R CORPORATION served on 8/10/2022, answer due 8/31/2022 (Brunenkant, Jon) [Transferred from District of Columbia on 3/25/2023.]
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Filing 3
SUMMONS (11) Issued Electronically as to All Defendants. (Attachment: #1 Notice and Consent) (znmg) [Transferred from District of Columbia on 3/25/2023.]
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Filing 2
NOTICE OF RELATED CASE by All Plaintiffs. Case related to Case No. 21-02984. (Brunenkant, Jon) [Transferred from District of Columbia on 3/25/2023.]
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NOTICE OF ERROR re #1 Complaint; emailed to jonbrunenkant@gmail.com, cc'd 0 associated attorneys -- The PDF file you docketed contained errors: 1. Missing Related Case form. Please submit using the event Notice of Related Case., 2. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (znmg, ) [Transferred from District of Columbia on 3/25/2023.]
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Case Assigned to Judge Trevor N. McFadden. (znmg) [Transferred from District of Columbia on 3/25/2023.]
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Filing 1
COMPLAINT against All Defendants with Jury Demand ( Filing fee $ 402 receipt number ADCDC-9427820) filed by JOSEPH P. HICKEY. (Attachments: #1 Exhibit EXH A - 2017 AGREEMENT, #2 Exhibit EXH B - 7-26-19 TERMINATION OF 2017 AGREEMENT, #3 Exhibit EXH C - 2021 AGREEMENT, #4 Civil Cover Sheet, #5 Summons BV at JFK, INC., #6 Summons C. SMITH CORP., #7 Summons J. CALDWELL CORP., #8 Summons JJJ&R CORP., #9 Summons JOSEPH C. PHAIR, #10 Summons JOSEPH J. GRILLO, #11 Summons JOSEPH P. SMITH, #12 Summons RICHARD F. PASSARELLI, #13 Summons RJJJ REST. CORP., #14 Summons STRATHROY PARK CORP., #15 Summons VERONICA & JOSEPHINE CORP.)(Brunenkant, Jon) [Transferred from District of Columbia on 3/25/2023.]
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