Dual North America, Inc. v. Kearns et al
| Dual North America, Inc. |
| Dennis Kearns, Daniel Simnowitz, Patrick Darragh and Avesi Partners, LLC |
| 1:2023cv08918 |
| October 11, 2023 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Civil Rights: Jobs |
| 28 U.S.C. § 1332 Diversity Action |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 11, 2023. A more recent docket listing may be available from PACER.
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The parties having advised me that they have reached a final settlement of this case, the settlement conference scheduled for 12/13/2023 is cancelled. (HEREBY ORDERED by Magistrate Judge Stewart D. Aaron) (Text Only Order) (Aaron, Stewart)
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Filing 44
JOINT CONFIDENTIALITY AGREEMENT AND ORDER...regarding procedures to be followed that shall govern the handling of confidential material...This stipulation binds the parties to treat as confidential the documents so classified. This Court, however, has not reviewed the documents referenced herein; therefore, by so ordering this stipulation, the Court makes no finding as to whether the documents are confidential. That finding will be made, if ever, upon a document-by-document review pursuant to the procedures set forth in the Court's Individual Rules and Practices and subject to the presumption in favor of public access to "judicial documents." See generally Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). To that end, the Court does not "so order" any provision to the extent that it purports to authorize the parties to file documents under seal without a prior court order. See New York ex rel. Khurana v. Spherion Corp., No. 15-CV-6605 (JMF), 2019 WL 3294170 (S.D.N.Y. July 19, 2019). IT IS SO ORDERED. (Signed by Judge Jesse M. Furman on 11/29/23) (yv)
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| Filing 43 SECOND AMENDED COMPLAINT amending #22 Amended Complaint against Avesi Partners, LLC, Patrick Darragh, Dennis Kearns, Daniel Simnowitz with JURY DEMAND.Document filed by Dual North America, Inc.. Related document: #22 Amended Complaint. (Attachments: #1 Exhibit Redline (Am Compl-2d Am Compl)).(Ralph, F.) |
| Filing 42 PROPOSED PROTECTIVE ORDER. Document filed by Dual North America, Inc.. (Attachments: #1 Exhibit JOINT CONFIDENTIALITY AGREEMENT AND ORDER).(Sullivan, Mark) |
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Filing 41
ORDER denying #38 LETTER MOTION to Stay Discovery: The motion is denied substantially for the reasons set forth in #40 Plaintiff's response. That said, the Court intimates no view on the merits on Defendants' motion to dismiss. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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| Filing 40 RESPONSE re: #38 LETTER MOTION to Stay Discovery addressed to Judge Jesse M. Furman from Steven M. Kayman dated November 7, 2023. . Document filed by Dual North America, Inc...(Sullivan, Mark) |
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Filing 39
ORDER: Accordingly, it is hereby ORDERED that Plaintiff shall file any amended complaint by November 28, 2023. Pursuant to Paragraph 1.B. of the Court's Individual Rules and Practices in Civil Cases, available at https://nysd.uscourts.gov/hon-jesse-m-furman, any amended complaint should be filed with a redline showing all differences between the original and revised filing. Plaintiff will not be given any further opportunity to amend the complaint to address issues raised by the motion to dismiss. If Plaintiff does amend, by three (3) weeks after the amended complaint is filed, Defendants shall: (1) file an answer; (2) file a new motion to dismiss; or (3) file a letter on ECF stating that they rely on the previously filed motion to dismiss. If Defendants file an answer or a new motion to dismiss, the Court will deny the previously filed motion to dismiss as moot. If Defendants file a new motion to dismiss or indicate that they rely on their previously filed motion to dismiss, any opposition shall be filed within fourteen days, and any reply shall be filed within seven days of any opposition. If no amended complaint is filed, Plaintiff shall file any opposition to the motion to dismiss by November 28, 2023. Defendants reply, if any, shall be filed by December 5, 2023. SO ORDERED. ( Amended Pleadings due by 11/28/2023., Responses due by 11/28/2023) (Signed by Judge Jesse M. Furman on 11/8/2023) (tg) Modified on 11/8/2023 (tg).
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| Set/Reset Deadlines: Replies due by 12/5/2023. (tg) |
| Filing 38 LETTER MOTION to Stay Discovery addressed to Judge Jesse M. Furman from Steven M. Kayman dated November 7, 2023. Document filed by Avesi Partners, LLC, Patrick Darragh, Dennis Kearns, Daniel Simnowitz..(Kayman, Steven) |
| Filing 37 MOTION to Dismiss the Amended Complaint. Document filed by Avesi Partners, LLC, Patrick Darragh, Dennis Kearns, Daniel Simnowitz. (Attachments: #1 Supplement Memorandum of Law ISO Motion to Dismiss the Amended Complaint, #2 Supplement Declaration of Steven M. Kayman, #3 Exhibit Ex. A - DUAL Amended Complaint, dated Oct. 20, 2023, #4 Exhibit Ex. B - Kearns Employment Agreement, #5 Exhibit Ex. C - Simnowitz Employment Agreement, #6 Exhibit Ex. D - Darragh Employment Agreement, #7 Exhibit Ex. E - Argo Complaint, dated June 15, 2023, #8 Proposed Order Proposed Order Granting Motion to Dismiss, #9 Supplement Certification of Service).(Kayman, Steven) |
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Filing 36
ORDER granting #34 Motion for F. Matthew Ralph to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 35
ORDER SCHEDULING SETTLEMENT CONFERENCE: A settlement conference is scheduled before Magistrate Judge Stewart Aaron on Wednesday, December 13, 2023, at 2:00 p.m. EST. The conference shall proceed by Microsoft Teams unless the parties advise the Court that they have access to and prefer proceeding by alternative remote means. The Court will provide the Microsoft Teams information to the parties by email prior to the conference. The parties must comply with the Settlement Conference Procedures for Magistrate Judge Stewart D. Aaron, available at https://nysd.uscourts.gov/hon-stewart-d-aaron. SO ORDERED. Settlement Conference set for 12/13/2023 at 02:00 PM before Magistrate Judge Stewart D. Aaron. (Signed by Magistrate Judge Stewart D. Aaron on 11/1/2023) (kv)
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| Filing 34 MOTION for F. Matthew Ralph to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Dual North America, Inc.. (Attachments: #1 Affidavit F. Matthew Ralph ISO Motion for pro hac vice admission, #2 Exhibit A - MN Cert of Good Standing, #3 Exhibit B - MT Cert of Good Standing, #4 Exhibit C - AZ Cert of Good Standing, #5 Proposed Order granting Ralph pro hac vice admission).(Ralph, F.) |
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Filing 33
ORDER granting #31 Motion for Andrew T. James to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #31 MOTION for Andrew T. James to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28504529. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #32 MOTION for F. Matthew Ralph to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28505099. 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 Montana;. 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 PRO HAC VICE MOTION. Regarding Document No. #34 MOTION for F. Matthew Ralph 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 32 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for F. Matthew Ralph to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28505099. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Dual North America, Inc.. (Attachments: #1 Affidavit F. Matthew Ralph ISO pro hac motion, #2 Exhibit A - MN Cert of Good Standing, #3 Exhibit B - MT Cert of Good Standing, #4 Exhibit C - AZ Cert of Good Standing, #5 Proposed Order on Ralph pro hac motion).(Ralph, F.) Modified on 11/1/2023 (sgz). |
| Filing 31 MOTION for Andrew T. James to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28504529. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Dual North America, Inc.. (Attachments: #1 Affidavit Affidavit of Andrew T. James ISO Motion for PHV, #2 Proposed Order [Proposed] Order for Admission Pro Hac Vice).(James, Andrew) |
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Filing 30
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Stewart D. Aaron. The parties are directed to contact the Chambers of Magistrate Judge Aaron no later than November 23, 2023 to discuss settlement. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/27/2023) (tg)
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Filing 29
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). The parties have conferred pursuant to Fed. R. Civ. P. 26(f). Settlement discussions have taken place. Any motion to amend or to join additional parties shall be filed no later than November 27, 2023. This case is to be tried to a jury. Unless and until the Court orders otherwise, the conference will be held remotely by telephone in accordance with Paragraph 2.B of the Court's Individual Rules and Practices in Civil Cases. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. Defendants' application for a stay of discovery is DENIED. Within one week of filing any motion to dismiss or for summary judgment, Defendants may renew their request for a stay by filing a letter motion not to exceed four single-spaced pages. Any opposition, not to exceed four single-spaced pages, shall be filed within one week. SO ORDERED. Motions due by 11/27/2023. Expert Deposition due by 3/27/2024. Fact Discovery due by 2/9/2024. Expert Discovery due by 3/27/2024. Telephone Conference set for 2/15/2024 at 03:30 PM before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 10/27/2023) (tg)
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| Minute Entry for proceedings held before Judge Jesse M. Furman: Initial Pretrial Conference held via teleconference on 10/26/2023. Matthew Ralph and Mark S. Sullivan for Plaintiff. Steven M. Kayman and Lauren R. Davis for Defendant. Court reporter present. (ab) |
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Filing 28
REVISED SCHEDULING ORDER: The time of the conference on October 26, 2023, is hereby CHANGED to 4:00 p.m. The parties are reminded that the conference will be held remotely by telephone in accordance with Rule 3.B of the Court's Individual Rules and Practices in Civil Cases, available at https://nysd.uscourts.gov/hon-jesse-m-furman. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. Counsel should review and comply with the rules regarding teleconferences in the Court's Individual Rules and Practices in Civil Cases, including Rule 3(B)(i), which requires the parties, no later than 24 hours before the conference, to send a joint email to the Court with the names and honorifics (e.g., Mr., Ms., Dr., etc.) of counsel who may speak during the teleconference and the telephone numbers from which counsel expect to join the call. SO ORDERED.Telephonic Initial Conference set for 10/26/2023 at 04:00 PM before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 10/24/2023) (ama)
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| Filing 27 JOINT LETTER addressed to Judge Jesse M. Furman from Mark S. Sullivan dated October 24, 2023 re: Case Management Plan and Scheduling Order. Document filed by Dual North America, Inc.. (Attachments: #1 Proposed Order Scheduling Order).(Sullivan, Mark) |
| Filing 26 EXHIBIT TO PLEADING re: #22 Amended Complaint. Document filed by Dual North America, Inc...(Sullivan, Mark) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Mark Stephen Sullivan to RE-FILE Document No. #25 Amended Complaint. The filing is deficient for the following reason(s): the wrong event type was used. Re-file using the event type Exhibit to Pleading found under the event list Complaints and Other Initiating Documents. (jgo) |
| Filing 25 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - AMENDED COMPLAINT amending #1 Complaint, #22 Amended Complaint against Avesi Partners, LLC, Patrick Darragh, Dennis Kearns, Daniel Simnowitz.Document filed by Dual North America, Inc.. Related document: #1 Complaint, #22 Amended Complaint..(Sullivan, Mark) Modified on 10/24/2023 (jgo). |
| Filing 24 CERTIFICATE OF SERVICE of Notice of Pretrial Conference and Judge Furman's Individual Rules and Practices in Civil Cases served on Steven M. Kayman on October 20, 2023. Document filed by Dual North America, Inc...(Sullivan, Mark) |
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Filing 23
ORDER denying #13 Letter Motion for Discovery. The Court agrees that Plaintiff has not made the requisite showing for the expedited discovery it seeks. Accordingly, its motion for expedited discovery is denied. That said, given that Defendants have appeared, the Court will accelerate the initial pretrial conference so that discovery can commence sooner. The initial pretrial conference is hereby RESCHEDULED for October 26, 2023, at 9:30 a.m. The call-in information remains the same. See ECF No. 12. The parties shall promptly confer and, no later than October 24, 2023, file the joint letter and proposed case management plan required by the Court's Order of October 16, 2023. See id. The Clerk of Court is directed to terminate ECF No. 13. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/20/23) (yv)
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| Filing 22 AMENDED COMPLAINT amending #1 Complaint against Avesi Partners, LLC, Patrick Darragh, Dennis Kearns, Daniel Simnowitz.Document filed by Dual North America, Inc.. Related document: #1 Complaint..(Sullivan, Mark) |
| Set/Reset Hearings: Initial Conference set for 10/26/2023 at 09:30 AM before Judge Jesse M. Furman. (yv) |
| Filing 21 LETTER addressed to Judge Jesse M. Furman from Steven M. Kayman dated October 19, 2023 re: DUAL North America v. Kearns, et al., No. 1:23-cv-8918-JMF-SDA Opposition to Plaintiffs Letter-Motion for Expedited Discovery. Document filed by Avesi Partners, LLC, Patrick Darragh, Dennis Kearns, Daniel Simnowitz..(Kayman, Steven) |
| Filing 20 NOTICE OF APPEARANCE by Lauren Rayner Davis on behalf of Avesi Partners, LLC, Patrick Darragh, Dennis Kearns, Daniel Simnowitz..(Davis, Lauren) |
| Filing 19 NOTICE OF APPEARANCE by Steven Michael Kayman on behalf of Avesi Partners, LLC, Patrick Darragh, Dennis Kearns, Daniel Simnowitz..(Kayman, Steven) |
| Filing 18 CERTIFICATE OF SERVICE of Letter-Motion for Limited, Expedited Discovery served on Dennis Kearns, Daniel Simnowitz, Patrick Darragh and Avesi Partners LLC on October 16, 2023. Service was accepted by Steven M. Kayman. Document filed by Dual North America, Inc...(Sullivan, Mark) |
| Filing 17 CERTIFICATE OF SERVICE of Amended Corporate Disclosure Statement served on Dennis Kearns, Daniel Simmowitz, Patrick Darragh and Avesi Partners LLC on October 17, 2023. Service was accepted by Steven M. Kayman. Document filed by Dual North America, Inc...(Sullivan, Mark) |
| Filing 16 CERTIFICATE OF SERVICE of Summons and Complaint. Avesi Partners, LLC served on 10/17/2023, answer due 11/7/2023; Patrick Darragh served on 10/17/2023, answer due 11/7/2023; Dennis Kearns served on 10/17/2023, answer due 11/7/2023; Daniel Simnowitz served on 10/17/2023, answer due 11/7/2023. Service was accepted by Steven M. Kayman. Document filed by Dual North America, Inc...(Sullivan, Mark) |
| Filing 15 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Howden Group Holdings Limited, Other Affiliate Dual International Limited, Other Affiliate HGH Midco 2 Limited, Other Affiliate HGH Midco 3 Limited, Other Affiliate HGH Midco 1 Limited for Dual North America, Inc.. Document filed by Dual North America, Inc...(Sullivan, Mark) |
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Filing 14
ORDER: Accordingly, no later than October 23, 2023, Plaintiff shall file an amended complaint properly alleging the citizenship of each party to this action. If, by that date, Plaintiff does not file an amended complaint establishing this Court's subject-matter jurisdiction, the Court will dismiss the case without prejudice and without further notice to any party. SO ORDERED. ( Amended Pleadings due by 10/23/2023.) (Signed by Judge Jesse M. Furman on 10/16/2023) (tg)
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| Filing 13 LETTER MOTION for Discovery addressed to Judge Jesse M. Furman from Mark S. Sullivan dated October 16, 2023. Document filed by Dual North America, Inc...(Sullivan, Mark) |
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Filing 12
NOTICE OF INITIAL PRETRIAL CONFERENCE: Unless and until the Court orders otherwise, counsel for all parties shall appear for an initial pretrial conference with the Court on January 18, 2024 at 9:00 a.m. The conference will be held remotely by telephone in accordance with Paragraph 3.B of the Court's Individual Rules and Practices in Civil Cases. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. Additionally, in accordance with Paragraph 3.D of the Court's Individual Rules and Practices, the parties are hereby ORDERED to file on ECF a joint letter, described below, as well as a proposed Civil Case Management Plan and Scheduling Order attached as an exhibit to the joint letter, no later than Thursday of the week prior to the initial pretrial conference. The parties shall use this Court's form Proposed Civil Case Management Plan and Scheduling Order, which is also available at https://www.nysd.uscourts.gov/hon-jesse-m-furman. Any open legal issues can be addressed at the conference. The joint letter shall not exceed five (5) pages, and shall provide the following information in separate paragraphs as further set forth in this Order. Counsel who have entered a notice of appearance as of the issuance of this order are directed (1) to notify counsel for all other parties in this action who have not yet appeared by serving upon each of them a copy of this order and the Court's Individual Rules and Practices forthwith, and (2) to file proof of such notice with the Court. If unaware of the identity of counsel for any of the parties, counsel receiving this order must forthwith send a copy of this order and the Court's Individual Rules and Practices to that party personally. SO ORDERED. (Initial Conference set for 1/18/2024 at 09:00 AM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 10/16/23) (yv)
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| ***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Mark Stephen Sullivan to RE-FILE Document No. #3 Rule 7.1 Corporate Disclosure Statement,. The filing is deficient for the following reason(s): the jurisdiction of this action is based on diversity - the party/intervenor did not name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes or No radio button - If Yes - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time - name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Please use the revised form found here # NYSD form page (lb) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Patrick Darragh..(pc) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Dennis Kearns..(pc) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Daniel Simnowitz..(pc) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Avesi Partners, LLC..(pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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) |
| 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. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Mark Stephen Sullivan. The following case opening statistical information was erroneously selected/entered: County code Albany;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (pc) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Patrick Darragh, re: #1 Complaint. Document filed by Dual North America, Inc...(Sullivan, Mark) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Dennis Kearns, re: #1 Complaint. Document filed by Dual North America, Inc...(Sullivan, Mark) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Daniel Simnowitz, re: #1 Complaint. Document filed by Dual North America, Inc...(Sullivan, Mark) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Avesi Partners, LLC, re: #1 Complaint. Document filed by Dual North America, Inc...(Sullivan, Mark) |
| Filing 3 FILING ERROR - DEFICIENT DOCKET ENTRY - MISSING DIVERSITY INFORMATION - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Howden Group Holdings Limited, Other Affiliate Dual International Limited, Other Affiliate HGH Midco 2 Limited, Other Affiliate HGH Midco 3 Limited, Other Affiliate HGH Midco 1 Limited for Dual North America, Inc.. Document filed by Dual North America, Inc...(Sullivan, Mark) Modified on 10/13/2023 (lb). |
| Filing 2 CIVIL COVER SHEET filed..(Sullivan, Mark) |
| Filing 1 COMPLAINT against Avesi Partners, LLC, Patrick Darragh, Dennis Kearns, Daniel Simnowitz. (Filing Fee $ 402.00, Receipt Number ANYSDC-28407803)Document filed by Dual North America, Inc...(Sullivan, Mark) |
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