Sullivan v. Gelb et al
| Mark Sullivan |
| Peter Gelb, Marcia Sells, Stephanie Basta and Samuel Wheeler |
| 1:2023cv05194 |
| June 20, 2023 |
| US District Court for the Southern District of New York |
| Gregory H Woods |
| Labor: Labor/Mgt. Relations |
| 29 U.S.C. § 185 Labor: Suits by and against Labor Organizations |
| Defendant |
Docket Report
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This docket was last retrieved on April 25, 2024. A more recent docket listing may be available from PACER.
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Filing 51
RESPONSE to Motion re: #30 FIRST MOTION Judicial Notice of Adjudicative Facts . . Document filed by Samuel Wheeler..(Singer, Olivia)
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Filing 50
RESPONSE to Motion re: #30 FIRST MOTION Judicial Notice of Adjudicative Facts . (Notification of Response Filed in Defendants' Motion to Dismiss #40 #41 #42 ). Document filed by Stephanie Basta, Peter Gelb, Marcia Sells..(Robbins, Howard)
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Filing 49
ORDER granting #47 Letter Motion to Stay re: #47 JOINT LETTER MOTION to Stay Discovery addressed to Judge Gregory H. Woods from Olivia Singer dated August 14, 2023. Application granted. The Court finds good cause, pursuant to Federal Rule of Civil Procedure 26(c), to stay discovery pending resolution of Defendants' motion to dismiss and Plaintiff's motion to remand. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 47. SO ORDERED. (Signed by Judge Gregory H. Woods on 8/14/2023) (tg)
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Filing 48
NOTICE OF APPEARANCE by Megan Stater Shaw on behalf of Samuel Wheeler..(Shaw, Megan)
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Filing 47
JOINT LETTER MOTION to Stay Discovery addressed to Judge Gregory H. Woods from Olivia Singer dated August 14, 2023. Document filed by Samuel Wheeler..(Singer, Olivia)
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Filing 46
NOTICE of TO PRO SE LITIGANT WHO OPPOSES A RULE 12 MOTION SUPPORTED BY MATTERS OUTSIDE THE PLEADINGS re: #43 MOTION to Dismiss the Complaint.. Document filed by Stephanie Basta, Peter Gelb, Marcia Sells..(Robbins, Howard)
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Filing 45
NOTICE of to Pro Se Litigant Who Opposes a Rule 12 Motion Supported by Matters Outside the Pleadings re: #43 MOTION to Dismiss the Complaint.. Document filed by Samuel Wheeler..(Singer, Olivia)
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Filing 44
MEMORANDUM OF LAW in Support re: #43 MOTION to Dismiss the Complaint. . Document filed by Samuel Wheeler..(Singer, Olivia)
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Filing 43
MOTION to Dismiss the Complaint. Document filed by Samuel Wheeler..(Singer, Olivia)
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Filing 42
MEMORANDUM OF LAW in Support re: #40 MOTION to Dismiss the Complaint. . Document filed by Stephanie Basta, Peter Gelb, Marcia Sells..(Robbins, Howard)
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Filing 41
DECLARATION of Howard Z. Robbins in Support re: #40 MOTION to Dismiss the Complaint.. Document filed by Stephanie Basta, Peter Gelb, Marcia Sells. (Attachments: #1 Exhibit 1).(Robbins, Howard)
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Filing 40
MOTION to Dismiss the Complaint. Document filed by Stephanie Basta, Peter Gelb, Marcia Sells..(Robbins, Howard)
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Filing 39
DECLARATION of Mark Sullivan in Support re: #37 FIRST MOTION to Remand to State Court Notice of Motion.. Document filed by Mark Sullivan. (Attachments: #1 Exhibit Claimant's contract, #2 Exhibit Sections one and three of CBA, #3 Exhibit Term Sheet, #4 Exhibit Met "Policy", #5 Exhibit Claimant's Verified Complaint).(Sullivan, Mark)
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Filing 38
FIRST MEMORANDUM OF LAW in Support re: #37 FIRST MOTION to Remand to State Court Notice of Motion. . Document filed by Mark Sullivan..(Sullivan, Mark)
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Filing 37
FIRST MOTION to Remand to State Court Notice of Motion. Document filed by Mark Sullivan..(Sullivan, Mark)
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Filing 36
JOINT LETTER addressed to Judge Gregory H. Woods from Olivia R. Singer dated August 10, 2023 re: Amended Exhibit 2-D. Document filed by Samuel Wheeler. (Attachments: #1 Exhibit 1).(Singer, Olivia)
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Filing 35
ORDER denying in part #34 Letter Motion for Leave to File Document. Application denied in part. The Court will not amend this filing on the docket post hoc. Defendants should instead refile the entire, correct document to the docket. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 34. SO ORDERED.. (Signed by Judge Gregory H. Woods on 8/9/2023) (kv)
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Filing 34
JOINT LETTER MOTION for Leave to File Amended Exhibit 2-D addressed to Judge Gregory H. Woods from Olivia R. Singer dated 8/8/2023. Document filed by Samuel Wheeler. (Attachments: #1 Exhibit Amended Exhibit 2-D).(Singer, Olivia)
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Filing 33
ORDER granting in part #29 Letter Motion for Extension of Time. Application granted in part. The initial pretrial conference in this case originally scheduled for August 23, 2023, see Dkt. No. 8, is hereby adjourned to September 8, 2023 at 4:00 p.m. The joint letter and proposed case management plan described in the Court's prior order scheduling the initial pretrial conference are due no later than September 1, 2023. All other instructions in the Court's prior order remain in effect. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 29. (Signed by Judge Gregory H. Woods on 8/5/2023) (rro)
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Set/Reset Hearings: Initial Conference set for 9/8/2023 at 04:00 PM before Judge Gregory H. Woods. (rro)
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Filing 32
DECLARATION of Mark Sullivan in Support re: #30 FIRST MOTION Judicial Notice of Adjudicative Facts .. Document filed by Mark Sullivan. (Attachments: #1 Exhibit Last page of "Term Sheet", #2 Exhibit Black's Law Dictionary, pg. 480, #3 Exhibit Black's Law Dictionary, pg. 1059, #4 Exhibit Merriam Webster Dictionary, "discuss", #5 Exhibit Merriam Webster Dictionary, "negotiate").(Sullivan, Mark)
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Filing 31
FIRST MEMORANDUM OF LAW in Support re: #30 FIRST MOTION Judicial Notice of Adjudicative Facts . . Document filed by Mark Sullivan..(Sullivan, Mark)
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Filing 30
FIRST MOTION Judicial Notice of Adjudicative Facts . Document filed by Mark Sullivan..(Sullivan, Mark)
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Filing 29
FIRST LETTER MOTION for Extension of Time regarding initial pretrial conference addressed to Judge Gregory H. Woods from Mark Sullivan dated July 31, 2023. Document filed by Mark Sullivan..(Sullivan, Mark)
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Filing 28
ORDER granting #25 Letter Motion for Extension of Time to File. Application granted. Defendants' deadline to file their motions to dismiss is extended to August 11, 2023. Plaintiff's opposition papers are due no later than three weeks following the date of service of the respective motions; Defendants' reply papers, if any, are due no later than three weeks following the date of service of the opposition papers. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 25. SO ORDERED.. (Signed by Judge Gregory H. Woods on 7/28/2023) (kv)
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Filing 27
ORDER granting #26 Letter Motion for Extension of Time to File. Application granted. Plaintiff's deadline to file its motion to remand is extended to August 11, 2023. Defendants' opposition papers are due no later than three weeks following the date of service of the respective motion; Plaintiff's reply papers, if any, are due no later than three weeks following the date of service of the opposition papers. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 26. SO ORDERED.. (Signed by Judge Gregory H. Woods on 7/28/2023) (kv)
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Set/Reset Deadlines: Motions due by 8/11/2023. (kv)
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Filing 26
LETTER MOTION for Extension of Time to File motion to remand addressed to Judge Gregory H. Woods from Mark Sullivan dated July 26, 2023. Document filed by Mark Sullivan..(Sullivan, Mark)
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Filing 25
LETTER MOTION for Extension of Time to File Motion to Dismiss from July 28, 2023, to August 11, 2023 addressed to Judge Gregory H. Woods from Howard Z. Robbins dated July 26, 2023. Document filed by Stephanie Basta, Peter Gelb, Marcia Sells..(Robbins, Howard)
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Filing 24
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 7/5/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
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Filing 23
TRANSCRIPT of Proceedings re: CONFERNECE held on 7/5/2023 before Judge Gregory H. Woods. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/10/2023. Redacted Transcript Deadline set for 8/21/2023. Release of Transcript Restriction set for 10/18/2023..(McGuirk, Kelly)
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Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 7/5/2023. (Court Reporter present) (wv)
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Filing 22
ORDER: As discussed during the teleconference held on July 5, 2023, Plaintiff's motion to remand and Defendants' motions to dismiss are due no later than July 28, 2023. Plaintiff's and Defendants' opposition papers are due no later than three weeks following the date of service of the respective motions; Plaintiff's and Defendants' reply papers, if any, are due no later than three weeks following the date of service of the opposition papers. ( Motions due by 7/28/2023.) (Signed by Judge Gregory H. Woods on 7/5/2023) (rro)
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Filing 21
LETTER addressed to Judge Gregory H. Woods from M. Sullivan dated 6/30/23 re: Pursuant to Rule 2E of your individual Rules, I request a pre-motion conference in anticipation of filing a motion to remand this case to New York State Supreme Court.Defendants Gelb, Sells, Basta and Wheeler have consented via their attorneys to this request. Document filed by Mark Sullivan.(sc)
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Filing 20
ORDER granting #19 Letter Motion for Conference re: #19 MOTION for Conference. Plaintiff's June 29, 2023 application for the pre-motion conference to be held remotely is granted. Dkt. No. 19. The pre-motion conference scheduled to take place in person on July 5, 2023 at 2:00 p.m. shall instead be conducted by telephone. The parties are directed to the Court's Individual Rules of Practice in Civil Cases, which are available on the Court's website. Rule 2 of the Court's Individual Rules contains the dial-in number for the conference and other relevant instructions. The parties are specifically directed to comply with Rule 2(B) of the Court's Individual Rules. The Clerk of Court is respectfully directed to mail a copy of this order to Plaintiff and to terminate the motions pending at Dkt. No. 19. SO ORDERED. Telephone Conference set for 7/5/2023 at 02:00 PM before Judge Gregory H. Woods.. (Signed by Judge Gregory H. Woods on 6/29/2023) (kv)
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Filing 19
MOTION FOR TELEPHONIC CONFERENCE(on 7/5/23). Document filed by Mark Sullivan.(sc)
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Filing 18
NOTICE OF DEMAND FOR TRIAL BY JURY. Document filed by Mark Sullivan. (sc)
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Mailed a copy of #16 Order on Motion for Conference, #17 Order on Motion for Permission for Electronic Case Filing, to Mark Sullivan at 2336 SE Ocean Blvd., #41, Stuart, FL 34996. (kh)
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Filing 17
ORDER granting #10 Motion for Permission for Electronic Case Filing. Application granted. Plaintiff has the Court's permission to participate in electronic case filing. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 10. SO ORDERED. (Signed by Judge Gregory H. Woods on 6/27/2023) (jca)
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Filing 16
ORDER granting #11 Letter Motion for Conference re: #11 LETTER MOTION for Conference addressed to Judge Gregory H. Woods from Olivia R. Singer dated 6/26/2023., #14 LETTER MOTION for Conference re Request for Pre-Motion Conference regarding Defendants' anticipated motion to dismiss addressed to Judge Gregory H. Woods from Howard Z. Robbins dated June 27, 2023.; granting #14 Letter Motion for Conference re: #11 LETTER MOTION for Conference addressed to Judge Gregory H. Woods from Olivia R. Singer dated 6/26/2023., #14 LETTER MOTION for Conference re Request for Pre-Motion Conference regarding Defendants' anticipated motion to dismiss addressed to Judge Gregory H. Woods from Howard Z. Robbins dated June 27, 2023. Defendants' requests for a pre-motion conference are granted. Dkt. Nos. 11, 14. The Court will hold a pre-motion conference to discuss Defendants' proposed motions to dismiss on July 5, 2023 at 2:00 p.m. The conference will take place in Courtroom 12C, Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, New York 10007. The Clerk of Court is respectfully directed to mail a copy of this order to Plaintiff and to terminate the motions pending at Dkt. Nos. 11 and 14. SO ORDERED. Pre-Motion Conference set for 7/5/2023 at 02:00 PM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 6/27/2023) (jca)
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Filing 15
CERTIFICATE OF SERVICE of Letter Motion re Pre-Motion Conference served on Mark Sullivan, pro se on June 27, 2023. Service was made by E-Mail and First Class Mail. Document filed by Stephanie Basta, Peter Gelb, Marcia Sells..(Blackman, Godfre)
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Filing 14
LETTER MOTION for Conference re Request for Pre-Motion Conference regarding Defendants' anticipated motion to dismiss addressed to Judge Gregory H. Woods from Howard Z. Robbins dated June 27, 2023. Document filed by Stephanie Basta, Peter Gelb, Marcia Sells..(Robbins, Howard)
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Filing 13
NOTICE OF APPEARANCE by Howard Zachary Robbins on behalf of Stephanie Basta, Peter Gelb, Marcia Sells..(Robbins, Howard)
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Filing 12
CERTIFICATE OF SERVICE of Letter requesting a pre-motion conference. served on Mark Sullivan on 6/26/2023. Service was made by Mail and Email. Document filed by Samuel Wheeler..(Singer, Olivia)
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Filing 11
LETTER MOTION for Conference addressed to Judge Gregory H. Woods from Olivia R. Singer dated 6/26/2023. Document filed by Samuel Wheeler..(Singer, Olivia)
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MAILING RECEIPT: Document No: 8. Mailed to: Mark Sullivan 2336 SE Ocean Blvd., #41 Stuart, FL 34996. (kh)
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Filing 10
MOTION FOR PERMISSION FOR ELECTRONIC CASE FILING, Re: for Permission for Mark Sullivan to participate in electronic case filing in this case. Document filed by Mark Sullivan.(sc)
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Filing 9
CERTIFICATE OF SERVICE of 6/23/23 Notice of Initial Pre-Trial Conference; Individual Rules of Practice in Civil Pro Se Cases of Judge Gregory H. Woods; Individual Rules of Practice in Civil Cases of Judge Gregory H. Wood. served on Mark Sullivan on 6/23/2023. Service was made by Mail. Document filed by Samuel Wheeler..(Singer, Olivia)
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MAILING RECEIPT: Document No: 7. Mailed to: Mark Sullivan 2336 SE Ocean Blvd., #41 Stuart, FL 34996. (ok)
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Filing 8
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 8/23/2023 at 02:00 PM before Judge Gregory H. Woods. The conference will be conducted by telephone. The parties are directed to the Court's Individual Rules of Practice in Civil Cases, which are available on the Court's website. Rule 2 of the Court's Individual Rules contains the dial-in number for the conference and other relevant instructions. The parties are specifically directed to comply with Rule 2(B) of the Court's Individual Rules. (Signed by Judge Gregory H. Woods on 6/22/2023) (rro)
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Filing 7
ORDER: This action was removed from the Supreme Court of the State of New York, County of New York, on June 20, 2023. Dkt. No. 1. Pursuant to Fed. R. Civ. P. 81(c)(3), if any party wishes to demand a jury trial in this matter, the demand must be served and filed no later than July 5, 2023. Additionally, counsel for Plaintiff is directed to promptly file a notice of appearance in this case. Counsel for Defendants is directed to serve a copy of this order on Plaintiff, and to retain proof of service. (Signed by Judge Gregory H. Woods on 6/21/2023) (rro)
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Filing 6
CERTIFICATE OF SERVICE of ECF Filing Instructions, Rules of Practice Pro Se, Rules of Practice Civil, Individual Practices Civil of Judge Lehrburger served on Mark Sullivan, Howard Z. Robbins, Godfre O. Blackman on 06/21/2023. Service was made by Mail. Document filed by Samuel Wheeler..(Singer, Olivia)
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Filing 5
NOTICE OF APPEARANCE by Godfre Orion Blackman on behalf of Stephanie Basta, Peter Gelb, Marcia Sells..(Blackman, Godfre)
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***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Olivia Ruth Singer. The following case opening statistical information was erroneously selected/entered: Dollar Demand $1,467,845,000;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $1,467,000;. (jgo)
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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..(jgo)
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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. (jgo)
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Case Designated ECF. (jgo)
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Filing 3
CERTIFICATE OF SERVICE of Notice of removal served on Mark Sullivan on June 20,2023. Service was made by Mail. Document filed by Samuel Wheeler..(Singer, Olivia)
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Filing 2
CIVIL COVER SHEET filed..(Singer, Olivia)
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Filing 1
NOTICE OF REMOVAL from SUPREME, County of NEW YORK. Case Number: 154508/2023. (Filing Fee $ 402.00, Receipt Number ANYSDC-27893584).Document filed by Stephanie Basta, Marcia Sells, Peter Gelb, Samuel Wheeler. (Attachments: #1 Exhibit 1, #2 Exhibit 2A, #3 Exhibit 2B, #4 Exhibit 2C, #5 Exhibit 2D, #6 Exhibit 2E, #7 Exhibit 2F).(Singer, Olivia)
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