Yonkov v. Maximus Holding Group LLC et al
| Alexandra Yonkov |
| Maximus Holding Group LLC, Brickhaus Management, Inc., Andrew E. Brickman, Julia Ivanova, Rocky River Preservation Partners, LLC, Saint Helena Gateway Redevelopment Partners, LLC, Brickhaus Beachwood, Inc., Carney-Brickhaus Rocky River Development, Inc., Riverhaus Chagrin, LLC, Brickhaus Interiors, LLC, Daisy Hill Corp. Ltd. doing business as DHC Associates Corp., Rocky River Preservation Partners II, LLC, One Seventeen Townhomes, LLC, One Seventeen Development, Inc., Brickhaus Breezevale, LLC, SPT Properties, LLC, Riverhaus Richmond VA LLC, Brickhaus Partners, LLC, Abode Beachwood Ecohomes MLD, LLC, Brickhaus Construction Management, LLC, Brickhaus Acquisitions, LLC, Mansion at Woodland, LLC, Bighaus Development LLC, Marcie Brickman and ABC Company/Individuals 1-3 |
| 1:2023cv01317 |
| July 6, 2023 |
| US District Court for the Northern District of Ohio |
| Donald C Nugent |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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Filing 44
Reply in support of #32 Motion to strike Defendants' Supplemental Opposition to Plaintiff's Motion for Prejudgment Attachment, or, in the Alternative, Motion for leave to file Reply Brief filed by Alexandra Yonkov. (Mikhaiel, Mark)
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Filing 43
Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by Alexandra Yonkov. (Mikhaiel, Mark)
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Filing 42
Marginal Entry Order granting Defendants' Motion to excuse appearance of Lead Counsel at 9-5-23 CMC (Related Doc #41 ). Judge Donald C. Nugent on 8/29/2023. (M,S)
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Filing 41
Motion to excuse appearance of Lead Counsel at 9-5-23 CMC filed by Brickhaus Construction Management, LLC, Brickhaus Management, Inc., Andrew E. Brickman. (Dorman, Andrew)
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Filing 40
Opposition to Plaintiff's Motion to Strike filed by Brickhaus Construction Management, LLC, Brickhaus Management, Inc., Andrew E. Brickman. Related document(s) #32 . (Dorman, Andrew)
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Filing 39
Waiver of Service Returned Executed by Alexandra Yonkov. filed on behalf of Alexandra Yonkov (Mikhaiel, Mark)
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Filing 38
Waiver of Service Returned Executed by Alexandra Yonkov. Brickhaus Partners, LLC waiver sent on 7/14/2023, answer due 9/12/2023; Abode Beachwood Ecohomes MLD, LLC waiver sent on 7/14/2023, answer due 9/12/2023; Bighaus Development LLC waiver sent on 7/14/2023, answer due 9/12/2023; Brickhaus Acquisitions, LLC waiver sent on 7/14/2023, answer due 9/12/2023; Brickhaus Beachwood, Inc. waiver sent on 7/14/2023, answer due 9/12/2023; Brickhaus Breezevale, LLC waiver sent on 7/14/2023, answer due 9/12/2023; Brickhaus Interiors, LLC waiver sent on 7/14/2023, answer due 9/12/2023; Marcie Brickman waiver sent on 7/14/2023, answer due 9/12/2023; Carney-Brickhaus Rocky River Development, Inc. waiver sent on 7/14/2023, answer due 9/12/2023; Daisy Hill Corp. Ltd. waiver sent on 7/14/2023, answer due 9/12/2023; Julia Ivanova waiver sent on 7/14/2023, answer due 9/12/2023; Mansion at Woodland, LLC waiver sent on 7/14/2023, answer due 9/12/2023; Maximus Holding Group LLC waiver sent on 7/14/2023, answer due 9/12/2023; One Seventeen Development, Inc. waiver sent on 7/14/2023, answer due 9/12/2023; One Seventeen Townhomes, LLC waiver sent on 7/14/2023, answer due 9/12/2023; Riverhaus Chagrin, LLC waiver sent on 7/14/2023, answer due 9/12/2023; Riverhaus Richmond VA LLC waiver sent on 7/14/2023, answer due 9/12/2023; Rocky River Preservation Partners II, LLC waiver sent on 7/14/2023, answer due 9/12/2023; Rocky River Preservation Partners, LLC waiver sent on 7/14/2023, answer due 9/12/2023; SPT Properties, LLC waiver sent on 7/14/2023, answer due 9/12/2023; Saint Helena Gateway Redevelopment Partners, LLC waiver sent on 7/14/2023, answer due 9/12/2023 filed on behalf of Alexandra Yonkov (Attachments: #1 Supplement 1 - Waiver of Maximus, #2 Supplement 2 - Waiver of Julia Ivanova, #3 Supplement 3 - Waiver of Rocky River Preservation Partners, #4 Supplement 4 - Waiver of St. Helena Gateway Redevelopment Partners, #5 Supplement 5 - Waiver of Brickhaus Beachwood, #6 Supplement 6 - Waiver of Carney-Brickhaus, #7 Supplement 7 - Waiver of Riverhaus Chagrin, #8 Supplement 8 - Waiver of Brickhaus Interiors, #9 Supplement 9 - Waiver of Daisy Hill Corp, #10 Supplement 10 - Waiver of Rocky River Preservation Partners II, #11 Supplement 11 - Waiver of One Seventeen Townhomes, #12 Supplement 12 - Waiver of One Seventeen Development, #13 Supplement 13 - Waiver of Brickhause Breezevale, #14 Supplement 14 - Waiver of SPT Properties, #15 Supplement 15 - Waiver of Riverhaus Richmond, #16 Supplement 16 - Waiver of Brickhaus Partners, #17 Supplement 17 - Waiver of Abode Beachwood Ecohomes, #18 Supplement 18 - Waiver of Brickhaus Construction Mgmt, #19 Supplement 19 - Waiver of Brickhaus Acquisitions, #20 Supplement 20 - Waiver Mansion at Woodland, #21 Supplement 21 - Waiver of Bighaus Development, #22 Supplement 22 - Waiver of Marcie Brickman)(Mikhaiel, Mark)
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Filing 37
Order. Solution King is ordered to; 1. Grant Brickhaus Partners and V2 access to the entirety of Brickhaus Partners' company electronic data within seven (7) days after service; and 2. Fully cooperate with Brickhaus Partners and V2 to complete the transition from Solution King to V2 as required by V2 to ensure that a complete and accurate transfer of electronic data is made to V2. IT IS SO ORDERED. Judge Donald C. Nugent on 8/15/2023. re #35 , #36 . (M,S)
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Filing 36
Proposed Order filed by Brickhaus Construction Management, LLC, Brickhaus Management, Inc., Andrew E. Brickman. Related document(s) #35 . (Dorman, Andrew)
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Filing 35
Minutes of proceedings before Judge Donald C. Nugent. Telephonic Status Conference held on 8/11/2023 with all counsel participating. Defendant Brickhaus Management says vendor who works for Defendant has all Defendant's financial data and has failed to release such property of Defendant to Defendant. A possible complication may be that vendor is spouse of Plaintiff. Nevertheless, the Court to issue an Order in this case to require vendor to disclose and turn over all requested data to Defendant that is property of Defendant. (Court Reporter: None.)Time: 10 minutes. (H,Ch)
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Filing 34
Supplement to Motion to strike Defendants' Supplemental Opposition to Plaintiff's Motion for Prejudgment Attachment, or, in the Alternative, Leave to File Reply Brief - Exhibit 1 - 06-23-2023 Redemption Agreement_Redacted, filed by Alexandra Yonkov. Related document(s) #32 . (Mikhaiel, Mark)
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Filing 33
Attorney Appearance by Jenna Rae Bird filed by on behalf of Alexandra Yonkov. (Bird, Jenna)
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Filing 32
Motion to strike Defendants' Supplemental Opposition to Plaintiff's Motion for Prejudgment Attachment, or, in the Alternative, Motion for Leave to File Reply Brief filed by Plaintiff Alexandra Yonkov. Related document(s) #29 . (Attachments: #1 Exhibit 1 - 06-23-2023 Redemption Agreement) (Mikhaiel, Mark). Added Motion for leave on 8/17/2023 (H,SP).
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IMPORTANT: Notice [non-document] rescheduling Status Conference. Status Conference re-set for 8/11/2023 at 08:15 AM to be held telephonically before Judge Donald C. Nugent. Counsel are instructed to first initiate a conference call with all parties connected and then contact the Court. Please note this is a time change only. (H,Ch)
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Order [non-document] granting Defendants' Motion for status conference (Doc #30 ). Status Conference set for 8/11/2023 at 08:30 AM to be held telephonically before Judge Donald C. Nugent. Counsel are instructed to first initiate a conference call with all parties connected and then contact the Court. Judge Donald C. Nugent on 8/8/2023. (H,Ch)
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Filing 31
Request for Hearing Pursuant to ORC 2715.041B filed by Brickhaus Construction Management, LLC, Brickhaus Management, Inc., Andrew E. Brickman. (Related document(s) #29 ) (Dorman, Andrew)
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Filing 30
Motion for conference/hearing to Preserve and Maintain Possession of Company Electronic Data filed by Brickhaus Construction Management, LLC, Brickhaus Management, Inc., Andrew E. Brickman. (Dorman, Andrew)
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Filing 29
Supplemental Opposition to #16 Motion for Prejudgment Attachment filed by Brickhaus Construction Management, LLC, Brickhaus Management, Inc., Andrew E. Brickman. (Related document(s) #28 ) (Dorman, Andrew)
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Filing 28
Reply Brief in support of #16 Motion for Prejudgment Attachment filed by Alexandra Yonkov. (Mikhaiel, Mark)
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Filing 27
Notice of Lis Pendens (Riverhaus) filed by Alexandra Yonkov. (Mikhaiel, Mark)
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Filing 26
Notice of Lis Pendens (Edgewater Properties) filed by Alexandra Yonkov. (Attachments: #1 Exhibit 1 - Legal Description)(Mikhaiel, Mark)
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Filing 25
Supplement to Praecipe - Supplement to Praecipe for Notice of Motion for Prejudgment Attachment and Request for Hearing, filed by Alexandra Yonkov. Related document(s) #24 . (Mikhaiel, Mark)
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Filing 24
Praecipe for issuance of Notice of Motion for Prejudgment Attachment Pursuant to O.R.C. 2715.041(A), with Request for Hearing Pursuant to O.R.C. 2715.041(B) attached filed by Alexandra Yonkov. (Mikhaiel, Mark)
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Filing 23
Corporate Disclosure Statement filed by Brickhaus Management, Inc.. (Maib, Jack)
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Filing 22
Corporate Disclosure Statement filed by Brickhaus Construction Management, LLC. (Maib, Jack)
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Filing 21
Opposition to Plaintiff's Motion for Prejudgment Attachment with memorandum in support filed by Brickhaus Construction Management, LLC, Brickhaus Management, Inc., Andrew E. Brickman. Related document(s) #16 . (Dorman, Andrew)
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Filing 20
Waiver of Service Returned Executed by Alexandra Yonkov. Brickhaus Construction Management, LLC waiver sent on 7/14/2023, answer due 9/12/2023 filed on behalf of Alexandra Yonkov (Mikhaiel, Mark)
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Filing 19
Waiver of Service Returned Executed by Alexandra Yonkov. Brickhaus Management, Inc. waiver sent on 7/14/2023, answer due 9/12/2023 filed on behalf of Alexandra Yonkov (Mikhaiel, Mark)
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Filing 18
Waiver of Service Returned Executed by Alexandra Yonkov. Andrew E. Brickman waiver sent on 7/14/2023, answer due 9/12/2023 filed on behalf of Alexandra Yonkov (Mikhaiel, Mark)
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Filing 17
Notice of Appearance of Attorneys Andrew J. Dorman and Jack Maib filed by Brickhaus Construction Management, LLC, Brickhaus Management, Inc., Andrew E. Brickman. (Dorman, Andrew)
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Filing 16
Motion for Prejudgment Attachment with memorandum in support filed by Plaintiff Alexandra Yonkov. (Attachments: #1 Exhibit 1 - Affidavit of A. Yonkov, #2 Exhibit 2 - Maximus Operating Agreement, #3 Exhibit 3 - Affidavit of J. Carney) (Mikhaiel, Mark)
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Filing 15
Attorney Appearance by Brian J. Green and Sean Burke filed by on behalf of Brickhaus Management, Inc. (Green, Brian)
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Filing 14
Attorney Appearance by Brian J. Green and Sean Burke filed by on behalf of Andrew E. Brickman. (Green, Brian)
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Filing 12
Notice of Lis Pendens filed by All Plaintiffs. (Attachments: #1 Exhibit 1 - Deed)Related document(s) #11 .(Mikhaiel, Mark)
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Filing 11
First Amended verified complaint for Temporary Restraining Order, Preliminary Injunction, Permanent Injunction and Money Judgment against All Defendants and adding new party defendant(s) Rocky River Preservation Partners LLC; Saine helena Gateway Redevelopment Partners LLC; Brickhaus Beachwood Inc; Carney-Brickhaus Rocky River Development Inc; Riverhaus Chagrin LLC; Brickhaus Interiors LLC; Daisy Hill CorpLtd dba DHC Associates Corp; Rocky River Preservation Partners II LLC; One Seventeen Townhomes LLC; One Seventeen Development Inc; Brickhaus Breezevale LLC; SPT Partners LLC; Riverhaus Richmond VA LLC; Brickhaus Partners LLC; Abode Beachwood Ecohomes MLD LLC; Brickhaus Construction Management LLC; Brickhaus Acquisitions LLC; Mansion at Woodland LLC; Bighaus Development LLC; Marcie Brickman; ABC Company/Individuals 1-3. Filed by Alexandra Yonkov. (Attachments: #1 Exhibit 1. January 2023 Letter, #2 Exhibit 2. Email from Daniela Dyankova, #3 Exhibit 3. A. Yankov September 18, 2018 Letter, #4 Exhibit 4. 10-15-18 email from Andrew Brickman, #5 Exhibit 5. Operating Agreement Maximus Agreement, signed, #6 Exhibit 6. Maximus Assignments, signed December 19, 2019, #7 Exhibit 7. Maximus Assignments January 1, 2020, #8 Exhibit 8. Assignment of Purchase and Sale Agreement of Membership Interests, #9 Exhibit 9. 72 Woodland Ave Purchase and Sale Agreement, fully executed, effective July 8, 2020, #10 Exhibit 10. K-1 Mansion at Woodland, #11 Exhibit 11. Closing Statement for 402D, #12 Exhibit 12. Closing Statement for 401C, #13 Exhibit 13. Huntington statement DHC Maximus, #14 Exhibit 14. Ivanova January 9, 2023 email, #15 Exhibit 15. Email from Rudy Yonkov January 10, 2023, #16 Exhibit 16. A. Brickman email to Rudy about Julia, 20230110, #17 Exhibit 17. Beachwood Brickman PA 20190429, #18 Exhibit 18. Amended Employment Agreement, #19 Exhibit 19. A. Brickman email May 14, 2023, #20 Exhibit 20. A. Yankov April 11, 2023 email to Brickman and excel attachment, #21 Exhibit 21. A. Yankov May 21 2023 email to Brickman, #22 Exhibit 22. Townhome Purchase Agreement, 7 Lake, Rocky River 9.16.2020, signed, #23 Exhibit 23. Email to Brickman and Syuleyman 01-04-2023, #24 Exhibit 24. Carney email about unit #7, 05-24-2023, #25 Exhibit 25. Text with Jim Fantozzi, #26 Exhibit 26. Carney emails about 700 Lake 06-15-2023, #27 Exhibit 27. Rocky River Preservation Partners Letter Removing Andrew as Managing Member 6.2.23, #28 Exhibit 28. A. Brickman 6-15-23 email to Carney and chart of Eastern European Relationships, #29 Exhibit 29. May 8, 2023 Mortgage in favor of Marcie Brickman, #30 Exhibit 30. Subsequent Appointment of Agent, The Mansion at Woodland, LLC, #31 Exhibit 31. Rocky river Preservation Partners II, LLC, July 5, Capital Call) (Mikhaiel, Mark)
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Filing 10
Filing Error, entered on wrong case. Magistrate Consent Form issued. No summons were provided, no summons were issued. (F,AW) Modified on 7/13/2023 (F,AW).
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Filing 9
Memorandum Opinion and Order. Plaintiffs Motion for a Temporary Restraining Order is DENIED. Further, the parties agree that each side will, at the very least, require separate and independent accountings of complex financial records and project valuations. Further, the Court anticipates that significant discovery may be necessary to address Plaintiffs' claims that she was terminated without cause, and to address Defendants' proposed counterclaims. This precludes the establishment of an expedited discovery schedule at this point, absent agreement by the parties. Plaintiff's Motion for Expedited Discovery is, therefore, DENIED, as well. A Case Management Conference is set for September 5, 2023 at 9:00 a.m. Judge Donald C. Nugent on 7/10/2023. (H,Ch)
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Filing 8
Case Management Conference Scheduling Order with case management conference on 9/5/2023 at 09:00 AM to be held telephonically before Judge Donald C. Nugent. Counsel are instructed to first initiate a conference call with all parties connected and then contact the Court. Judge Donald C. Nugent on 7/10/2023. (H,Ch)
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Filing 7
Minutes of proceedings before Judge Donald C. Nugent.Status Conference held on 7/10/2023 with all counsel present and participating on Plaintiff's Application for Temporary Restraining Order. Temporary Restraining Order is denied as there has not been any showing of irreparable harm. Plaintiff may file a Preliminary Injunction if warranted, otherwise case on Standard Track. (Court Reporter: none) Time: 75 minutes. (H,Ch)
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Filing 6
Notice of Compliance providing Notice of 07-10-2023 Status Conference to Defendants filed by Alexandra Yonkov. (Attachments: #1 Exhibit 1 - Notice of Hearing on 07-10-2023, #2 Exhibit 2 - FedEx Delivery Confirmations)(Mikhaiel, Mark)
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Filing 5
Motion for Expedited Discovery with Memorandum in Support filed by Plaintiff Alexandra Yonkov. (Attachments: #1 Exhibit 1-Plaintiff's First Set of Interrogatories, #2 Proposed Order)(F,AW)
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Filing 3
Magistrate Consent Form issued. No summons were provided, no summons were issued. (F,AW)
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Filing 2
Civil Cover Sheet, filed by Alexandra Yonkov. Related document(s) #1 . (Mikhaiel, Mark)
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Filing 1
Verified Complaint for Temporary Restraining Order, Preliminary Injunction, Permanent Injunction and Money Judgment with jury demand against All Defendants. Filing fee paid $402.00, receipt number AOHNDC-12072191. Filed by Alexandra Yonkov. (Attachments: #1 Exhibit 1- January 2023 Letter, #2 Exhibit 2 - Email from D.Dyankova, #3 Exhibit 3 - September 18, 2018 Letter, #4 Exhibit 4 - 10-15-18 email from A.Brickman, #5 Exhibit 5 - Operating Agreement, #6 Exhibit 6 - Maximus Assignments December 19, 2019, #7 Exhibit 7 - Maximus Assignments January 1, 2020, #8 Exhibit 8 - Assignment of Purchase and Sale Agreement of Membership Interests, #9 Exhibit 9 - 72 Woodland Ave. PSA - Fully Executed Effective July 8 2020, #10 Exhibit 10 - K-1 Mansion at Woodland, #11 Exhibit 11 - Closing Statement for 402D, #12 Exhibit 12 - Closing Statement for 401C, #13 Exhibit 13 - Huntington Statement, #14 Exhibit 14 - Ivanova January 9, 2023 email, #15 Exhibit 15 - email from R. Yonkov January 10, 2023, #16 Exhibit 16 - AB_email to Rudy 20230110, #17 Exhibit 17 - Purchase Agreement 20190429, #18 Exhibit 18 - Amended Employment Agreement, #19 Exhibit 19 - A. Brickman email May 14, 2023, #20 Exhibit 20 - A.Yonkov April 11, 2023 email, #21 Exhibit 21 - A. Yonkov May 21, 2023 email to Brickman, #22 Exhibit 22 - Purch Agree_20200916, #23 Exhibit 23 - Email to Brickman and Syuleman 01-04-2023, #24 Exhibit 24 - Carney email about unit #7 05-24-2023, #25 Exhibit 25 - text with Jim Fantozzi, #26 Exhibit 26 - Carney emails 06-15-2023, #27 Exhibit 27 - RRPP Letter Removing AB as Managing Member 6.2.23, #28 Exhibit 28 - AB 06-15-2023 email to Carney and chart of Eastern European Relationships) (Mikhaiel, Mark)
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Judge Donald C. Nugent assigned to case. (F,AW)
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Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Jennifer Dowdell Armstrong. (F,AW)
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IMPORTANT: Notice [non-document] of In-Person Status Conference set for 7/10/2023 at 08:30 AM in Courtroom 15A before Judge Donald C. Nugent. Plaintiffs must notify Defendants of this hearing. (H,Ch)
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