Melohn v. Stern et al
| Michael Melohn |
| JOHN DOES 1-20 (Fictitious Names), Eli Kuntslinger, Robert Kuntslinger, Sima Weintraub, Alfons Melohn, Akiva N. Feinsod, Yaakov Beyman, Ezra Beyman, Sy Stern, David Teiler, Aryeh Zaks, John Does 1-20, Akiva Feinsod and Rabbi Mayer Zaks |
| 7:2020cv05536 |
| July 17, 2020 |
| US District Court for the Southern District of New York |
| Philip M Halpern |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1961 Racketeering (RICO) Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 29, 2021. A more recent docket listing may be available from PACER.
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Filing 73
MEMORANDUM OPINION AND ORDER re: #37 MOTION for Sanctions Under Rule 11. filed by Sy Stern, Alfons Melohn. Based upon the foregoing, the petition for an Order to perpetuate testimony under Federal Rule of Civil Procedure 27 is DENIED, the motion for sanctions under Federal Rule of Civil Procedure 11 is DENIED, and this petition is DISMISSED. The Clerk of the Court is respectfully directed to terminate the motion sequence pending at Doc. 37 and close this case. (Signed by Judge Philip M. Halpern on 3/26/2021) (jca)
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Filing 72
ORDER granting #71 LETTER MOTION for Leave to File Reply in respect of Respondents' sanctions motion and request for oral argument on their motion. The request to file a reply is denied. As to the request for oral argument, the Court will notify the parties if it believes that further oral argument is necessary. The Clerk of the Court is respectfully directed to terminate the pending motion sequence at Doc. 71. SO ORDERED. (Signed by Judge Philip M. Halpern on 11/5/2020) (jca)
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Filing 71
LETTER MOTION for Leave to File Reply in respect of Respondents' sanctions motion and request for oral argument on their motion addressed to Judge Philip M. Halpern from Adam B. Gilbert dated November 3, 2020. Document filed by Alfons Melohn, Sy Stern..(Gilbert, Adam)
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Filing 70
MEMORANDUM OF LAW in Opposition re: #37 MOTION for Sanctions Under Rule 11. . Document filed by Michael Melohn..(Condon, Brian)
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Filing 69
LETTER addressed to Judge Philip M. Halpern from Bernard Daskal dated October 22, 2020 re: Letter from Petitioner Concerning Authority for Rule 27 Petition. Document filed by Akiva Feinsod..(Daskal, Bernard)
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Filing 68
LETTER addressed to Judge Philip M. Halpern from Amy M. Mara dated October 21, 2020 re: Case Law Regarding the Permissible Use of Rule 27. Document filed by Michael Melohn..(Condon, Brian)
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Minute Entry for proceedings before Judge Philip M. Halpern: Telephone Conference held on 10/21/2020. Counsel for Petitioner and Respondents Stern, A. Melohn, Feinsod, Y. Beyman, E. Beyman, and D. Teiler appeared via telephone. Petitioner shall file a letter no longer than two pages by 5:00 p.m. today providing case law that permits the pre-action use of Rule 27 to obtain the identification of unknown defendants. Respondents may collectively file a single letter, no longer than two pages, responding to Petitioner's case law by 5:00 p.m. tomorrow. Petitioner shall file his opposition to the pending Motion for Sanctions (Doc. 37) on or before October 30, 2020. Should moving Respondents wish to file a reply, they may seek leave of the Court to do so. No further proceedings shall take place pending further order of the Court. (gpb)
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NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Andrew E. Krause. Please note that this is a reassignment of the designation only. (ad)
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Filing 67
NOTICE OF APPEARANCE by Michael S. Schneider on behalf of Ezra Beyman, Yaakov Beyman..(Schneider, Michael)
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Filing 66
NOTICE OF APPEARANCE by Thomas Michael Mealiffe on behalf of Alfons Melohn, Sy Stern..(Mealiffe, Thomas)
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Filing 65
AFFIDAVIT OF SERVICE served on Elliot Kunstlinger on July 27, 2020. Document filed by Michael Melohn..(Condon, Brian)
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Filing 64
AFFIDAVIT OF SERVICE served on Sima Weintraub on July 22, 2020. Document filed by Michael Melohn..(Condon, Brian)
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Filing 63
AFFIDAVIT OF SERVICE of Summons and Petition for Pre-Action Discovery Pursuant to FRCP 27 served on Akiva Feinsod on July 20, 2020. Service was accepted by Akiva Feinsod. Document filed by Michael Melohn..(Condon, Brian)
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Filing 62
AFFIDAVIT OF SERVICE of Summons and Petition for Pre-Action Discovery Pursuant to FRCP 27 served on Aryeh Zaks on July 20, 2020. Service was accepted by Henoch Zaks. Document filed by Michael Melohn..(Condon, Brian)
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Filing 61
AFFIDAVIT OF SERVICE of Summons and Petition for Pre-Action Discovery Pursuant to FRCP 27 served on David Teiler on July 20, 2020. Service was accepted by David Teiler. Document filed by Michael Melohn..(Condon, Brian)
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Filing 60
AFFIDAVIT OF SERVICE of Summons and Petition for Pre-Action Discovery Pursuant to FRCP 27 served on Sima Weintraub on July 20, 2020. Service was accepted by Henoch Zaks. Document filed by Michael Melohn..(Condon, Brian)
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Filing 59
AFFIDAVIT OF SERVICE of Summons and Petition for Pre-Action Discovery Pursuant to FRCP 27 served on Sy Stern on July 27, 2020. Service was made by MAIL. Document filed by Michael Melohn..(Condon, Brian)
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Filing 58
AFFIDAVIT OF SERVICE of Summons and Petition for Pre-Action Discovery Pursuant to FRCP 27 served on Yaakov Beyman on July 27, 2020. Service was accepted by Yaakov Beyman. Document filed by Michael Melohn..(Condon, Brian)
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Filing 57
AFFIDAVIT OF SERVICE of Amended Petition for Pre-Action Discovery Pursuant to FRCP 27 served on Akiva Feinsod on July 29, 2020. Service was accepted by Akiva Feinsod. Document filed by Michael Melohn..(Condon, Brian)
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Filing 56
AFFIDAVIT OF SERVICE of Summons and Petition for Pre-Action Discovery Pursuant to FRCP 27 served on Alfons Melohn on July 22, 2020. Service was accepted by Quinton Steven, Clerk for Messenger Center. Document filed by Michael Melohn..(Condon, Brian)
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Filing 55
AFFIDAVIT OF SERVICE of Summons, Petition, and Amend Petition for Pre-Action Discovery Pursuant to FRCP 27 served on Elliot Kunstlinger on July 30, 2020. Service was made by MAIL. Document filed by Michael Melohn..(Condon, Brian)
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Filing 54
AFFIDAVIT OF SERVICE of Summons and Petition for Pre-Action Discovery Pursuant to FRCP 27 served on Ezra Beyman on July 27, 2020. Service was accepted by Ezra Beyman. Document filed by Michael Melohn..(Condon, Brian)
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Filing 53
AFFIDAVIT OF SERVICE of Summons, Petition, and Amend Petition for Pre-Action Discovery Pursuant to FRCP 27 served on Rabbi Mayer Zaks on July 29, 2020. Service was accepted by "John Doe". Document filed by Michael Melohn. (Attachments: #1 Affidavit regarding Service).(Condon, Brian)
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Filing 52
AFFIDAVIT OF SERVICE of Summons and Petition for Pre-Action Discovery Pursuant to FRCP 27 served on Sima Weintraub on July 29, 2020. Service was accepted by "John Doe". Document filed by Michael Melohn..(Condon, Brian)
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Filing 51
AFFIDAVIT OF SERVICE of Summons and Petition for Pre-Action Discovery Pursuant to FRCP 27 served on Sima Weintraub on July 29, 2020. Service was accepted by "John Doe". Document filed by Michael Melohn..(Condon, Brian)
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Filing 50
AFFIDAVIT OF SERVICE of Amended Petition for Pre-Action Discovery Pursuant to FRCP 27 served on Sy Stern on August 4, 2020. Service was made by MAIL. Document filed by Michael Melohn..(Condon, Brian)
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Filing 49
AFFIDAVIT OF SERVICE of Summons and Petition for Pre-Action Discovery Pursuant to FRCP 27 served on Robert Kunstlinger on July 21, 2020. Service was accepted by Robert Kunstlinger. Document filed by Michael Melohn..(Condon, Brian)
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Filing 48
AFFIDAVIT OF SERVICE of Amended Petition for Pre-Action Discovery Pursuant to FRCP 27 served on Ezra Beyman on July 30, 2020. Service was accepted by Ezra Beyman. Document filed by Michael Melohn..(Condon, Brian)
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Filing 47
AFFIDAVIT OF SERVICE of Amended Petition for Pre-Action Discovery Pursuant to FRCP 27 served on Robert Kunstlinger on August 5, 2020. Service was made by MAIL. Document filed by Michael Melohn..(Condon, Brian)
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Filing 46
AFFIDAVIT OF SERVICE of Amended Petition for Pre-Action Discovery Pursuant to FRCP 27 served on Alfons Melohn on July 29, 2020. Service was accepted by Lobby Security (refused to disclose name). Document filed by Michael Melohn..(Condon, Brian)
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Filing 45
AFFIDAVIT OF SERVICE of Amended Petition for Pre-Action Discovery Pursuant to FRCP 27 served on David Teiler on July 29, 2020. Service was accepted by Mrs. Teiler, spouse. Document filed by Michael Melohn..(Condon, Brian)
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Filing 44
AFFIDAVIT OF SERVICE of Amended Petition for Pre-Action Discovery Pursuant to FRCP 27 served on Yaakov Beyman on July 30, 2020. Service was accepted by Yaakov Beyman. Service was made by MAIL. Document filed by Michael Melohn..(Condon, Brian)
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Filing 43
AFFIDAVIT OF SERVICE of Copy of Respondents Sy Stern and Alfons Melohn's Letter to the Court (Dkt 41) served on Ezra Beyman, David Teiler, Elliot Kuntslinger, Rabbi Mayer Zaks, Yakoov Beyman, Sima Weintraub, Robert Kuntslinger on 09/18/2020. Service was made by Mail. Document filed by Alfons Melohn, Sy Stern..(Gilbert, Adam)
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Filing 42
ORDER granting #41 Letter Motion for Conference. Application for conference granted. The Court shall hold a telephonic conference on October 21, 2020 at 10:00 a.m. At the time of the scheduled conference, the parties shall call the following number. (888)398-2342, access code: 3456831. The Clerk is respectfully directed to terminate the event at Doc. 41 Telephone Conference set for 10/21/2020 at 10:00 AM before Judge Philip M. Halpern. So Ordered.. (Signed by Judge Philip M. Halpern on 9/18/2020) (js)
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Filing 41
LETTER MOTION for Conference addressed to Judge Philip M. Halpern from Adam B. Gilbert dated September 17, 2020. Document filed by Alfons Melohn, Sy Stern..(Gilbert, Adam)
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| Filing 40 RESPONSE re: #27 Amended Petition, Response of Ezra Beyman, Yaakov Beyman and David Teiler to Amended Petition for Pre-Action Discovery. Document filed by David Teiler..(Schneider, Michael) |
| Filing 39 AFFIDAVIT of Adam B. Gilbert in Support re: #37 MOTION for Sanctions Under Rule 11.. Document filed by Alfons Melohn, Sy Stern. (Attachments: #1 Exhibit A-Melohn Order of Protection, #2 Exhibit B-Melohn - Letter to B. Condon 7.24.20, #3 Exhibit C-Melohn v Stern et al. USDC SDNY).(Gilbert, Adam) |
| Filing 38 MEMORANDUM OF LAW in Support re: #37 MOTION for Sanctions Under Rule 11. . Document filed by Alfons Melohn, Sy Stern..(Gilbert, Adam) |
| Filing 37 MOTION for Sanctions Under Rule 11. Document filed by Alfons Melohn, Sy Stern..(Gilbert, Adam) |
| Filing 36 CERTIFICATE OF SERVICE of Response to Amended Petition for Pre-Action Discovery Pursuant to F.R.C.P. 27 on August 18, 2020. Service was made by MAIL. Document filed by Alfons Melohn, Sy Stern..(Gilbert, Adam) |
| Filing 35 AFFIDAVIT OF SERVICE of Response to Petition, Notices of Appearance served on Sima Weintraub, Yaakov Beyman, David Teiler, Eli Kuntslinger, Ezra Beyman, Rabbi Mayer Zaks on August 14, 2020. Service was made by Mail. Document filed by Akiva Feinsod..(Gagliardi, Daniel) |
| Filing 34 NOTICE OF APPEARANCE by Daniel John Gagliardi on behalf of Akiva Feinsod..(Gagliardi, Daniel) |
| Filing 33 NOTICE OF APPEARANCE by Bernard Daskal on behalf of Akiva Feinsod..(Daskal, Bernard) |
| Filing 32 RESPONSE to Petition. Document filed by Akiva Feinsod..(Daskal, Bernard) |
| Filing 31 RESPONSE re: #27 Amended Petition, to "Amended Petition for Pre-Action Discovery Pursuant to F.R.C.P. 27". Document filed by Alfons Melohn, Sy Stern..(Gilbert, Adam) |
| Filing 30 NOTICE OF APPEARANCE by Adam Brenner Gilbert on behalf of Alfons Melohn, Sy Stern..(Gilbert, Adam) |
| Filing 29 ELECTRONIC SUMMONS ISSUED as to Rabbi Mayer Zaks. (sj) |
| Filing 28 REQUEST FOR ISSUANCE OF SUMMONS as to Rabbi Mayer Zaks, re: #27 Amended Petition,. Document filed by Michael Melohn..(Condon, Brian) |
| Filing 27 FIRST AMENDED PETITION amending #1 Petition (Other) against Ezra Beyman, Yaakov Beyman, Akiva Feinsod, John Does 1-20, Eli Kuntslinger, Robert Kuntslinger, Alfons Melohn, Sy Stern, David Teiler, Sima Weintraub, Rabbi Mayer Zaks with JURY DEMAND.Document filed by Michael Melohn. Related document: #1 Petition (Other)..(Condon, Brian) |
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Filing 26
ORDER granting #25 LETTER MOTION for Leave to File Amended Petition removing One Party and Adding another Party. The application to amend the caption and file and serve the Amended Petition in the form annexed to petitioner's letter-motion is granted. SO ORDERED. (Signed by Judge Philip M. Halpern on 7/27/2020) (jca)
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| Filing 25 LETTER MOTION for Leave to File Amended Petition removing One Party and Adding another Party addressed to Judge Philip M. Halpern from Brian K. Condon dated July 23, 2020. Document filed by Michael Melohn. (Attachments: #1 Exhibit Exhibit A - Proposed Amended Petition).(Condon, Brian) |
| Filing 24 ELECTRONIC SUMMONS ISSUED as to Eli Kuntslinger..(jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Brian K Condon to RE-FILE Document No. #21 Request for Issuance of Summons. The filing is deficient for the following reason(s): Summonses may only be issured to parties of record; party name must appear exactly as it does in the caption on the pleading;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) |
| Filing 23 CIVIL COVER SHEET filed..(Condon, Brian) |
| Filing 22 REQUEST FOR ISSUANCE OF SUMMONS as to Eli Kunstlinger, re: #1 Petition (Other). Document filed by Michael Melohn..(Condon, Brian) |
| Filing 21 FILING ERROR - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Elliot Kuntslinger, re: #1 Petition (Other). Document filed by Michael Melohn..(Condon, Brian) Modified on 7/21/2020 (jgo). |
| Filing 20 ELECTRONIC SUMMONS ISSUED as to Alfons Melohn..(dnh) |
| Filing 19 ELECTRONIC SUMMONS ISSUED as to Ezra Beyman..(dnh) |
| Filing 18 ELECTRONIC SUMMONS ISSUED as to Robert Kuntslinger..(dnh) |
| Filing 17 ELECTRONIC SUMMONS ISSUED as to David Teiler..(dnh) |
| Filing 16 ELECTRONIC SUMMONS ISSUED as to Yaakov Beyman..(dnh) |
| Filing 15 ELECTRONIC SUMMONS ISSUED as to Akiva Feinsod..(dnh) |
| Filing 14 ELECTRONIC SUMMONS ISSUED as to Sima Weintraub..(dnh) |
| Filing 13 ELECTRONIC SUMMONS ISSUED as to Aryeh Zaks..(dnh) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to Sy Stern..(dnh) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Brian K Condon to RE-FILE Document No. #6 Request for Issuance of Summons. The filing is deficient for the following reason(s): Summonses may only be issured to parties of record; party name must appear exactly as it does in the caption on the pleading. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Philip M. Halpern. 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..(dnh) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Brian K Condon. The party information for the following party/parties has been modified: JOHN DOES 1-20 (Fictitious Names) ; Akiva N. Feinsod. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party name was entered in all caps. (dnh) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Brian K Condon. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (dnh) |
| Case Designated ECF. (dnh) |
| Magistrate Judge Lisa M. Smith 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. (dnh) |
| Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to Alfons Melohn, re: #1 Petition (Other). Document filed by Michael Melohn..(Condon, Brian) |
| Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to Ezra Beyman, re: #1 Petition (Other). Document filed by Michael Melohn..(Condon, Brian) |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to Robert Kunstlinger, re: #1 Petition (Other). Document filed by Michael Melohn..(Condon, Brian) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to David Teiler, re: #1 Petition (Other). Document filed by Michael Melohn..(Condon, Brian) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Yaakov Beyman, re: #1 Petition (Other). Document filed by Michael Melohn..(Condon, Brian) |
| Filing 6 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Elliot Kunstlinger, re: #1 Petition (Other). Document filed by Michael Melohn..(Condon, Brian) Modified on 7/20/2020 (dnh). |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Akiva Feinsod, re: #1 Petition (Other). Document filed by Michael Melohn..(Condon, Brian) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Sima Weintraub, re: #1 Petition (Other). Document filed by Michael Melohn..(Condon, Brian) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Aryeh Zaks, re: #1 Petition (Other). Document filed by Michael Melohn..(Condon, Brian) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Sy Stern, re: #1 Petition (Other). Document filed by Michael Melohn..(Condon, Brian) |
| Filing 1 PETITION FOR PRE-ACTION DISCOVERY PURSUANT TO F.R.C.P. 27. (Filing Fee $ 400.00, Receipt Number ANYSDC-20738840).Document filed by Michael Melohn..(Condon, Brian) |
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