Parker v. Bursor et al
| Angelica Parker |
| Scott Bursor and Bursor & Fisher, P.A. |
| 1:2024cv00245 |
| January 11, 2024 |
| U.S. District Court for the Southern District of New York |
| Jessica G L Clarke |
| Robyn F Tarnofsky |
| Constitutional - State Statute |
| 28 U.S.C. § 1446 nr Notice of Removal |
| None |
Docket Report
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Filing 44
ORDER granting #39 Letter Motion for Extension of Time to File. The deadline for objections to the Report & Recommendation (ECF No. 25) is hereby EXTENDED to March 5, 2024. SO ORDERED. (Signed by Judge Jessica G. L. Clarke on 2/1/2024) (ks)
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Set/Reset Deadlines: Objections to R&R due by 3/5/2024 (ks)
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Filing 43
CERTIFICATE OF SERVICE of Memo Endorsement (Doc. No. 38); Letter Motion (Doc. No. 39) served on Plaintiff Angelica Parker on 01/29/2024. Service was made by Mail. Document filed by Scott Bursor, Bursor & Fisher, P.A...(Burstein, Judd)
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Filing 42
CERTIFICATE OF SERVICE of Memo Endorsement (Doc. No. 38); Letter Motion (Doc. No. 39) served on Plaintiff Angelica Parker on 01/29/2024. Service was made by E-Mail. Document filed by Scott Bursor, Bursor & Fisher, P.A...(Burstein, Judd)
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Filing 41
NOTICE OF APPEARANCE by Michael John Willemin on behalf of Angelica Parker..(Willemin, Michael)
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Filing 40
NOTICE OF APPEARANCE by Jeanne-Marie Bates Christensen on behalf of Angelica Parker..(Christensen, Jeanne-Marie)
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Filing 39
LETTER MOTION for Extension of Time to File Objections to Report and Recommendation addressed to Judge Jessica G. L. Clarke from Judd Burstein dated 01/29/2024. Document filed by Scott Bursor, Bursor & Fisher, P.A...(Burstein, Judd)
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Filing 38
MEMO ENDORSEMENT on re: #37 Letter, filed by Angelica Parker ENDORSEMENT Plaintiff's request for an extension is GRANTED. Plaintiff must submit her Complaint by February 12, 2024. The submission shall be to the Pro Se Intake Office unless Plaintiff retains counsel before then. SO ORDERED. (Signed by Magistrate Judge Robyn F. Tarnofsky on 1/29/2024) (jca)
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MAILING RECEIPT: Document No: 34. Mailed to: Angelica Parker 400 East 57th Street Apt 15A. New York, NY 10022. (mt)
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Filing 37
LETTER addressed to Magistrate Judge Robyn F. Tarnofsky from A. Parker, dated 1/25/24 re: I am emailing you for a request for a short extension on the time orignally agreed to (1/29/24) to electronically file my /Complaint without missing any due dates. My case is being extraordinarily rushed and moved through several jurisdictions by defendant and their counsel etc. Document filed by Angelica Parker.(sc)
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MAILING RECEIPT: Document No: 30. Mailed to: Angelica Parker 400 East 57th Street Apt 15A. New York, NY 10022. (mt)
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MAILING RECEIPT: Document No: 25. Mailed to: Angelica Parker 400 East 57th Street Apt 15A. New York, NY 10022. (mt)
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Filing 36
CERTIFICATE OF SERVICE of Order (Doc. No. 34) served on Plaintiff Angelica Parker on 01/25/2024. Service was accepted by John Doe, building doorman. Document filed by Scott Bursor, Bursor & Fisher, P.A...(Burstein, Judd)
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Filing 35
CERTIFICATE OF SERVICE of Order (Doc. No. 34) served on Plaintiff Angelica Parker on 01/25/2024. Service was made by E-Mail. Document filed by Scott Bursor, Bursor & Fisher, P.A...(Burstein, Judd)
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Filing 34
ORDER terminating #31 Letter Motion to Stay re: #31 AMENDED LETTER MOTION to Stay re: #25 Report and Recommendations, Corrected Version addressed to Judge Jessica G. L. Clarke from Judd Burstein dated 01/24/2024., #27 LETTER MOTION to Stay re: #25 Report and Recommendations, addressed to Judge Jessica G. L. Clarke from Judd Burstein dated 01/24/2024. ; terminating #27 Letter Motion to Stay re: #31 AMENDED LETTER MOTION to Stay re: #25 Report and Recommendations, Corrected Version addressed to Judge Jessica G. L. Clarke from Judd Burstein dated 01/24/2024., #27 LETTER MOTION to Stay re: #25 Report and Recommendations, addressed to Judge Jessica G. L. Clarke from Judd Burstein dated 01/24/2024. At this juncture, this Court has neither adopted nor rejected Magistrate Judge Tarnofsky's Report & Recommendation (ECF No. 25), and thus there is no need for a stay. The Court will determine whether to adopt the Report & Recommendation, after receiving objections, which are due no later than February 7, 2024. Plaintiff is hereby ORDERED to file any forthcoming complaint fully under seal. The Court will determine whether to unseal the complaint, in whole or in part, when considering the Report & Recommendation and any objections thereto. In the meantime, the Court will temporarily seal the Report & Recommendation. The Clerk of Court is directed to terminate ECF Nos. 27 and 31 and to seal ECF No. 25. Access is restricted to attorneys appearing for the parties and court personnel. (Signed by Judge Jessica G. L. Clarke on 1/25/2024) (rro)
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Filing 33
CERTIFICATE OF SERVICE of Corrected Report and Recommendation and Opinion and Order (Doc. No. 25); Corrected Letter Motion (Doc. No. 31) served on Plaintiff Angelica Parker on 01/25/2024. Service was accepted by John Doe, building doorman. Document filed by Scott Bursor, Bursor & Fisher, P.A...(Burstein, Judd)
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Filing 32
CERTIFICATE OF SERVICE of Corrected Report and Recommendation and Opinion and Order (Doc. No. 25); Corrected Letter Motion (Doc. No. 31) served on Plaintiff Angelica Parker on 01/24/2024 and 01/25/2024. Service was made by E-Mail. Document filed by Scott Bursor, Bursor & Fisher, P.A...(Burstein, Judd)
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Filing 31
AMENDED LETTER MOTION to Stay re: #25 Report and Recommendations,,,,,,,, Corrected Version addressed to Judge Jessica G. L. Clarke from Judd Burstein dated 01/24/2024. Document filed by Scott Bursor, Bursor & Fisher, P.A...(Burstein, Judd)
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Filing 30
ORDER denying as moot #26 Letter Motion to Seal: The application is made moot by the issuance of a corrected order. So Ordered.(HEREBY ORDERED by Magistrate Judge Robyn F. Tarnofsky)(Text Only Order) Copies of Notice of Electronic Filing Mailed By Chambers. (ah)
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Filing 29
CERTIFICATE OF SERVICE of Letter Motion (Doc. No. 26); Letter Motion (Doc. No. 27) served on Plaintiff Angelica Parker on 01/24/2024. Service was accepted by Ray, building doorman. Document filed by Scott Bursor, Bursor & Fisher, P.A...(Burstein, Judd)
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Filing 28
CERTIFICATE OF SERVICE of Letter Motion (Doc. No. 26); Letter Motion (Doc. No. 27) served on Plaintiff Angelica Parker on 01/24/2024. Service was made by E-Mail. Document filed by Scott Bursor, Bursor & Fisher, P.A...(Burstein, Judd)
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Filing 27
LETTER MOTION to Stay re: #25 Report and Recommendations,,,,,,, addressed to Judge Jessica G. L. Clarke from Judd Burstein dated 01/24/2024. Document filed by Scott Bursor, Bursor & Fisher, P.A...(Burstein, Judd)
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Filing 26
LETTER MOTION to Seal /Redact the Report and Recommendation (Doc. No. 25) addressed to Magistrate Judge Robyn F. Tarnofsky from Judd Burstein dated 01/24/2024. Document filed by Scott Bursor, Bursor & Fisher, P.A...(Burstein, Judd)
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Filing 25
CORRECTED REPORT AND RECOMMENDATION AND OPINION AND ORDER re: #12 LETTER MOTION to Seal Defendants' Motion for Preliminary Injunction and Temporary Restraining Order addressed to Magistrate Judge Robyn F. Tarnofsky from Judd Burstein dated 01/19/2024. filed by Scott Bursor, Bursor & Fisher, P.A. For the foregoing reasons, I respectfully recommend that Defendants' application to seal the filings in support of their motion for a TRO and PI (ECF 13, 14, 15, and 16) be GRANTED IN PART to the extent that those filings be permitted to remain sealed; and that Defendants application to seal the filings in support of their motion for a TRO and PI be DENIED IN PART to the extent that Defendants be ordered to file on the public docket, within seven days of an order addressing their sealing application, versions of ECF Document Numbers 13, 14, 15, and 16 that redact all references to the allegations that could identify or harm minor children. I further respectfully recommend that Defendants' motion for a TRO and PI requiring Plaintiff to file the complaint under seal be GRANTED IN PART to the extent that Plaintiff be ordered not to file a complaint on the public docket without first redacting any minor's identifying information and any allegations that could cause harm to minors if publicly disclosed; and DENIED IN PART in all other regards, without prejudice to their refiling their motion once the complaint has been filed. Notwithstanding any of the foregoing, it is ORDERED that if Plaintiff files her complaint before Judge Clarke has an opportunity to review this Report and Recommendation and issue an order addressing Defendants' motion for a TRO and PI, that complaint shall be held under seal by the Clerk of Court temporarily, until such time as Judge Clarke issues such order. SO ORDERED. Objections to R&R due by 2/7/2024 (Signed by Magistrate Judge Robyn F. Tarnofsky on 1/24/2024) (jca) (Main Document 25 replaced on 1/24/2024) (tro). (Main Document 25 replaced on 1/24/2024) (tro). Modified on 1/24/2024 (tro).
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Filing 24
Minute Entry for proceedings held before Magistrate Judge Robyn F. Tarnofsky: Telephone Conference held on 1/24/2024. (ah)
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MAILING RECEIPT: Document No: 22. Mailed to: Angelica Parker 400 East 57th Street Apt 15A. New York, NY 10022. (mt)
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Filing 23
CERTIFICATE OF SERVICE of Letter (Doc. No. 21); Memo Endorsement (Doc. No. 22) served on Plaintiff Angelica Parker on 01/23/2024. Service was accepted by Ray, building doorman. Document filed by Scott Bursor, Bursor & Fisher, P.A...(Burstein, Judd)
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Filing 22
MEMO ENDORSEMENT on re: #21 Letter filed by Scott Bursor, Bursor & Fisher, P.A., ENDORSEMENT The parties' request to reschedule the telephone conference is GRANTED. The telephone conference is rescheduled for tomorrow, January 24, 2024, at 10:00 AM. SO ORDERED. ( Telephone Conference set for 1/24/2024 at 10:00 AM before Magistrate Judge Robyn F. Tarnofsky.) (Signed by Magistrate Judge Robyn F. Tarnofsky on 1/23/2024) (jca)
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Filing 21
LETTER addressed to Magistrate Judge Robyn F. Tarnofsky from Judd Burstein dated 01/23/2024 re: Adjournment of January 24, 2024 Telephone Conference. Document filed by Scott Bursor, Bursor & Fisher, P.A...(Burstein, Judd)
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MAILING RECEIPT: Document No: 18. Mailed to: Angelica Parker 400 East 57th Street Apt 15A. New York, NY 10022. (mt)
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MAILING RECEIPT: Document No: 10. Mailed to: Angelica Parker 400 East 57th Street Apt 15A. New York, NY 10022. (mt)
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Filing 20
CERTIFICATE OF SERVICE of Telephone Conference Order (Doc. No. 18) served on Plaintiff Angelica Parker on 01/22/2024. Service was accepted by Ray, building doorman. Document filed by Scott Bursor, Bursor & Fisher, P.A...(Burstein, Judd)
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Filing 19
CERTIFICATE OF SERVICE of Telephone Conference Order (Doc. No. 18) served on Plaintiff Angelica Parker on 01/22/2024. Service was made by E-Mail. Document filed by Scott Bursor, Bursor & Fisher, P.A...(Burstein, Judd)
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Filing 18
TELEPHONE CONFERENCE ORDER Plaintiff filed her case against Defendants in state court by summons and notice on November 22, 2023. (ECF 1-1.) Defendants removed the case to this Court on January 11, 2024. (See ECF 1.) By Order of Reference dated January 17, 2024 (ECF 6), Judge Jessica G.L. Clarke referred this case to me for dispositive motions and general pretrial supervision, including scheduling, discovery, non-dispositive pretrial motions, and settlement. On January 19, 2024, Defendants filed a motion for a preliminary injunction and a temporary restraining order, seeking an order requiring Plaintiff to file her complaint under seal for an amount of time sufficient to allow Defendants to move to strike portions of the complaint. (See ECF 11-16.) The parties will be heard by telephone conference on Wednesday, January 24, 2024, at 8:30 AM. At the conference, Plaintiff should also be prepared to address whether she intends to seek remand of this case back to state court. The parties are directed to join the conference via Microsoft Teams at the scheduled time by dialing (646) 453-4442, Access Code: 512 565 928 #. Additionally, counsel for Defendants is ORDERED to make every reasonable effort to inform Plaintiff of the contents of this Order by 5:00 PM today, January 22, 2024. SO ORDERED. (Telephone Conference set for 1/24/2024 at 08:30 AM before Magistrate Judge Robyn F. Tarnofsky.) (Signed by Magistrate Judge Robyn F. Tarnofsky on 1/22/2024) (jca)
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MAILING RECEIPT: Document No: 6. Mailed to: Angelica Parker 400 East 57th Street Apt 15A. New York, NY 10022. (mt)
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***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #16 Proposed Order to Show Cause With Emergency Relief, was reviewed and approved as to form. (tp)
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Filing 17
CERTIFICATE OF SERVICE of Letter (Doc. No. 12); Letter Motion (Doc. No. 13); Declaration with Exhibits, filed under seal (Doc. Nos. 13 through 13-10); Declaration with Exhibits, filed under seal (Doc. Nos. 14 through 14-4); Memorandum of Law, filed under seal (Doc. No. 15); Proposed Order to Show Cause, filed under seal (Doc. No. 16) served on Plaintiff Angelica Parker on 01/19/2024. Service was made by Mail. Document filed by Scott Bursor, Bursor & Fisher, P.A...(Burstein, Judd)
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Filing 16
***SELECTED PARTIES***PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Bursor & Fisher, P.A., Scott Bursor, Angelica Parker. Related Document Number: #12 . Motion or Order to File Under Seal: #12 .(Burstein, Judd) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
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Filing 15
***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #12 LETTER MOTION to Seal Defendants' Motion for Preliminary Injunction and Temporary Restraining Order addressed to Magistrate Judge Robyn F. Tarnofsky from Judd Burstein dated 01/19/2024. . Document filed by Bursor & Fisher, P.A., Scott Bursor, Angelica Parker. Motion or Order to File Under Seal: #12 .(Burstein, Judd)
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Filing 14
***SELECTED PARTIES***DECLARATION of Scott A. Bursor in Support re: #12 LETTER MOTION to Seal Defendants' Motion for Preliminary Injunction and Temporary Restraining Order addressed to Magistrate Judge Robyn F. Tarnofsky from Judd Burstein dated 01/19/2024.. Document filed by Bursor & Fisher, P.A., Scott Bursor, Angelica Parker. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)Motion or Order to File Under Seal: #12 .(Burstein, Judd)
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Filing 13
***SELECTED PARTIES***DECLARATION of Judd Burstein in Support re: #12 LETTER MOTION to Seal Defendants' Motion for Preliminary Injunction and Temporary Restraining Order addressed to Magistrate Judge Robyn F. Tarnofsky from Judd Burstein dated 01/19/2024.. Document filed by Bursor & Fisher, P.A., Scott Bursor, Angelica Parker. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)Motion or Order to File Under Seal: #12 .(Burstein, Judd)
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Filing 12
LETTER MOTION to Seal Defendants' Motion for Preliminary Injunction and Temporary Restraining Order addressed to Magistrate Judge Robyn F. Tarnofsky from Judd Burstein dated 01/19/2024. Document filed by Scott Bursor, Bursor & Fisher, P.A...(Burstein, Judd)
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Filing 11
LETTER addressed to Magistrate Judge Robyn F. Tarnofsky from Judd Burstein dated 01/19/2024 re: Motion for Preliminary Injunction and Temporary Restraining Order. Document filed by Scott Bursor, Bursor & Fisher, P.A...(Burstein, Judd)
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Filing 10
ORDER Yesterday, my chambers received an ex parte email communication from counsel for Defendants. I am baffled why counsel made such a communication. When he previously made an ex parte email communication in connection with this mater to the chambers of Judge Clarke, he was directed to file the communication on the docket, which he did. To the extent it is in any way unclear, if counsel has an urgent mater that he believes requires an email to chambers pursuant to my Individual Rules, he should copy the opposing pro se party on that communication. Otherwise, the communication must be filed on the docket. Counsel for Defendant is Ordered to file his email to my chambers on the docket. If he wishes to make an application to make a sealed motion for a temporary restraining order directing Plaintiff to file her complaint under seal, he should, in accordance with Section III(E) of my Individual Rules, make an application, filed on the docket, that explains the reasons for seeking to file that submission under seal and addresses the request in light of the Court of Appeals' opinions in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006) and Bernstein v. Bernstein Litowitz Berger & Grossman LLP, 814 F.3d 132 (2d Cir. 2016). SO ORDERED. (Signed by Magistrate Judge Robyn F. Tarnofsky on 1/19/2024) (jca)
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Filing 9
CERTIFICATE OF SERVICE of Order of Reference to a Magistrate Judge (Doc. No. 6) served on Plaintiff Angelica Parker on 01/18/2024. Service was made by Mail. Document filed by Scott Bursor, Bursor & Fisher, P.A...(Burstein, Judd)
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Filing 8
***EX-PARTE*** LETTER addressed to Judge Jessica G. L. Clarke from Judd Burstein dated 01/18/2024 re: Motion for Preliminary Injunction and Temporary Restraining Order. Document filed by Scott Bursor, Bursor & Fisher, P.A..Motion or Order to File Under Seal: .(Burstein, Judd)
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Filing 7
CERTIFICATE OF SERVICE of Civil Cover Sheet (Doc. No. 2); Rule 7.1 Statement (Doc. No. 3) served on Plaintiff Angelica Parker on 01/17/2024. Service was made by Mail. Document filed by Scott Bursor, Bursor & Fisher, P.A...(Burstein, Judd)
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Filing 6
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation) All such motions. Referred to Magistrate Judge Robyn F. Tarnofsky. (Signed by Judge Jessica G. L. Clarke on 1/17/2024) (tg)
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Filing 4
CERTIFICATE OF SERVICE of Notice of Removal with Exhibits (Doc. Nos. 1 through 1-6) served on Plaintiff Angelica Parker on 01/12/2024. Service was made by Mail. Document filed by Scott Bursor, Bursor & Fisher, P.A...(Burstein, Judd)
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Scott Bursor, Bursor & Fisher, P.A...(Burstein, Judd)
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Filing 2
CIVIL COVER SHEET filed..(Burstein, Judd)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jessica G. L. Clarke. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(gp)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Judd Burstein. The following case opening statistical information was erroneously selected/entered: Other Court Name NOT ENTERED; Other Court Number Supreme Court of the State of New York County of New York. The following correction(s) have been made to your case entry: the Other Court Name has been modified to NOT ENTERED; the Other Court Number has been modified to 952325/2023. (gp)
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***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Judd Burstein. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (gp)
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Magistrate Judge Robyn F. Tarnofsky is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (gp)
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Case Designated ECF. (gp)
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Filing 1
NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: 952325/2023. (Filing Fee $ 405.00, Receipt Number ANYSDC-28802532).Document filed by Bursor & Fisher, P.A., Scott Bursor. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F).(Burstein, Judd)
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