New York Southern District Court
Judge:Cathy Seibel
Referred: Judith C Mccarthy
Case #: 7:17-cv-02494
Nature of Suit370 Torts - Personal Property - Other Fraud
Cause28:1332fr Diversity-Fraud
Case Filed:Apr 06, 2017
Terminated:Jan 10, 2019
Last checked: Tuesday Oct 03, 2017 5:38 AM EDT
Defendant
Weleda, Inc.
Represented By
Erik Sardina
Kaufman Dolowich Vouck, Llp (nj)
contact info
Christopher Nucifora
Kaufman Dolowich Vouck, Llp (nj)
contact info
Plaintiff
Russell Hughes
Represented By
Adam Richard Gonnelli
The Sultzer Group PC
contact info
Jason P. Sultzer
The Sultzer Law Group PC
contact info
Jeffrey Kevin Brown
Leeds Morelli & Brown
contact info


Docket last updated: 81 minutes ago
Tuesday, February 19, 2019
49 49 notice Notice of Voluntary Dismissal Tue 02/19 3:50 PM
NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Weleda, Inc.. Document filed by Russell Hughes. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). . (Sultzer, Jason) Modified on 2/19/2019 (dt)
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48 48 notice Notice of Voluntary Dismissal Tue 02/19 2:49 PM
FILING ERROR - DEFICIENT DOCKET ENTRY - filed by attorney in error without prejudice, should be with prejudice see Doc. # 49 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Weleda, Inc.. Document filed by Russell Hughes. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). . (Sultzer, Jason) Modified on 2/19/2019 (dt). Modified on 2/19/2019 (dt)
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Thursday, January 10, 2019
47 47 1 pgs order Order of Discontinuance Thu 01/10 10:20 AM
ORDER: It having been reported to this Court that the claims in this case have been settled, IT IS HEREBY ORDERED that this action is discontinued with prejudice but without costs; provided, however, that if settlement is not consummated within sixty days of the date of this order, Plaintiff may apply by letter within the sixty-day period for restoration of the action to the calendar of the undersigned, in which event the action will be restored. SO ORDERED. (Signed by Judge Cathy Seibel on 1/10/2019) (mml)
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Wednesday, January 09, 2019
46 46 misc Letter Wed 01/09 7:24 PM
LETTER addressed to Judge Cathy Seibel from Adam Gonnelli, Esq. dated January 9, 2019 re: Settlement. Document filed by Russell Hughes.(Gonnelli, Adam)
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Wednesday, December 19, 2018
minutes Telephone Conference ~Util - Set Hearings Wed 12/19 1:52 PM
Minute Entry for proceedings held before Magistrate Judge Judith C. McCarthy: Telephone Conference held on December 19, 2018. The parties are directed to submit a proposed discovery schedule by January 9, 2019 if the case does not settle. Next Telephone Conference scheduled for January 16, 2019 at 11:00 a.m. before Magistrate Judge Judith C. McCarthy. Counsel shall have all parties on the line before contacting Chambers. (jah)
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Friday, November 30, 2018
45 45 order Memo Endorsement ~Util - Set Hearings Fri 11/30 5:29 PM
MEMO ENDORSEMENT on re:44 Letter filed by Russell Hughes. ENDORSEMENT: Application granted. The December 6, 2018 telephone conference is adjourned to December 19, 2018 at 10:30 a.m. Counsel shall have all parties on the line before contacting Chambers. (Telephone Conference set for 12/19/2018 at 10:30 AM before Magistrate Judge Judith C. McCarthy.) (Signed by Magistrate Judge Judith C. McCarthy on 11/30/2018) (cf)
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44 44 misc Letter Fri 11/30 4:27 PM
LETTER addressed to Magistrate Judge Judith C. McCarthy from Adam Gonnelli, Esq. dated November 30, 2018 re: Mediation and Case Status. Document filed by Russell Hughes.(Gonnelli, Adam)
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Thursday, September 20, 2018
minutes Telephone Conference ~Util - Set Hearings Thu 09/20 12:38 PM
Minute Entry for proceedings held before Magistrate Judge Judith C. McCarthy: Telephone Conference held on September 20, 2018. Next Telephone Conference scheduled for December 6, 2018 at 10:30 a.m. before Magistrate Judge Judith C. McCarthy. Counsel shall have all parties on the line before contacting Chambers. (jah)
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Monday, August 13, 2018
43 43 order Scheduling Order Mon 08/13 3:31 PM
SCHEDULING ORDER: The Court has scheduled a Telephone Conference for September 20, 2018 at 11:00 a.m. before Magistrate Judge Judith C. McCarthy. Counsel shall have all parties on the line before contacting Chambers. Any party seeking to reschedule shall telephone Chambers with all other parties on the line. So Ordered. (Telephone Conference set for 9/20/2018 at 11:00 AM before Magistrate Judge Judith C. McCarthy.) (Signed by Magistrate Judge Judith C. McCarthy on 8/13/18) (yv)
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42 42 order Memo Endorsement Mon 08/13 3:22 PM
MEMO ENDORSEMENT on re:41 Letter Proposing Discovery Schedule, filed by Weleda, Inc. ENDORSEMENT: So Ordered. (Signed by Magistrate Judge Judith C. McCarthy on 8/13/18) (yv)
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Friday, August 10, 2018
41 41 misc Letter Fri 08/10 4:20 PM
JOINT LETTER addressed to Magistrate Judge Judith C. McCarthy from Christopher Nucifora, Esq. dated August 10, 2018 re: Joint Letter With Proposed Discovery Schedule. Document filed by Weleda, Inc..(Nucifora, Christopher)
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Friday, August 03, 2018
minutes Telephone Conference Fri 08/03 3:28 PM
Minute Entry for proceedings held before Magistrate Judge Judith C. McCarthy: Telephone Conference held on August 3, 2018. By August 10, 2018, the parties are directed to submit a joint letter to the Court containing a proposed discovery schedule and the date by which mediation will occur. (jah)
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Tuesday, July 10, 2018
40 40 order Order on Motion to Adjourn Conference Tue 07/10 10:55 AM
ORDER granting39 Letter Motion to Adjourn Conference. The Telephone Conference scheduled for July 11, 2018 is adjourned to August 3, 2018 at 2:00 p.m. before Magistrate Judge Judith C. McCarthy. (HEREBY ORDERED by Magistrate Judge Judith C. McCarthy)(Text Only Order) (McCarthy, Judith)
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Monday, July 09, 2018
39 39 motion Adjourn Conference Mon 07/09 4:42 PM
LETTER MOTION to Adjourn Conference of July 11, 2018 addressed to Magistrate Judge Judith C. McCarthy from Christopher Nucifora dated July 9, 2018. Document filed by Weleda, Inc..(Nucifora, Christopher)
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Wednesday, March 28, 2018
38 38 respm Reply to Response to Motion Wed 03/28 4:05 PM
REPLY to Response to Motion re:34 MOTION to Dismiss Plaintiff's Complaint . . Document filed by Weleda, Inc.. (Nucifora, Christopher)
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37 37 respm Declaration in Support of Motion Wed 03/28 3:43 PM
DECLARATION of Christopher Nucifora, Esq. in Support re:34 MOTION to Dismiss Plaintiff's Complaint .. Document filed by Weleda, Inc..(Nucifora, Christopher)
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36 36 30+ pgs respm Memorandum of Law in Opposition to Motion Wed 03/28 3:21 PM
MEMORANDUM OF LAW in Opposition re:34 MOTION to Dismiss Plaintiff's Complaint . . Document filed by Russell Hughes. (Gonnelli, Adam)
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35 35 30+ pgs respm Memorandum of Law in Support of Motion Wed 03/28 3:19 PM
MEMORANDUM OF LAW in Support re:34 MOTION to Dismiss Plaintiff's Complaint . . Document filed by Weleda, Inc.. (Nucifora, Christopher)
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34 34 motion Dismiss Wed 03/28 3:17 PM
MOTION to Dismiss Plaintiff's Complaint . Document filed by Weleda, Inc..(Nucifora, Christopher)
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misc Notice to Attorney to Re-File Document - Deficient Docket Entry Error Wed 03/28 2:25 PM
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Christopher Nucifora to RE-FILE Document 30 MOTION to Dismiss Plaintiff's Complaint. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion and Memorandum of Law in Support of Motion are both found under the event list Replies, Opposition and Supporting Documents. (ldi)
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misc Notice to Attorney to Re-File Document - Deficient Docket Entry Error Wed 03/28 2:26 PM
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Adam Richard Gonnelli to RE-FILE Document 31 Memorandum of Law in Opposition to Motion. ERROR(S): Document linked to filing error. (ldi)
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misc Notice to Attorney to Re-File Document - Deficient Docket Entry Error Wed 03/28 2:27 PM
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Christopher Nucifora to RE-FILE Document 32 Reply to Response to Motion. ERROR(S): Document linked to filing error. (ldi)
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Monday, March 26, 2018
minutes Telephone Conference ~Util - Set Hearings Tue 03/27 1:34 PM
Minute Entry for proceedings held before Magistrate Judge Judith C. McCarthy: Telephone Conference held on March 26, 2018. Next Telephone Conference scheduled for July 11, 2018 at 10:30 a.m. before Magistrate Judge Judith C. McCarthy. Counsel shall have all parties on the line before contacting Chambers. (jah)
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Thursday, March 22, 2018
33 33 motion Oral Argument Thu 03/22 4:04 PM
LETTER MOTION for Oral Argument Re 30 MOTION to Dismiss Plaintiff's Complaint addressed to Judge Cathy Seibel from Christopher Nucifora, Esq. dated March 22, 2018. Document filed by Weleda, Inc..(Nucifora, Christopher)
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32 32 respm Reply to Response to Motion Thu 03/22 1:54 PM
REPLY to Response to Motion re:30 MOTION to Dismiss Plaintiff's Complaint . . Document filed by Weleda, Inc.. (Nucifora, Christopher)
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31 31 30+ pgs respm Memorandum of Law in Opposition to Motion Thu 03/22 1:10 PM
MEMORANDUM OF LAW in Opposition re:30 MOTION to Dismiss Plaintiff's Complaint . . Document filed by Russell Hughes. (Gonnelli, Adam)
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30 30 motion Dismiss Thu 03/22 12:18 PM
MOTION to Dismiss Plaintiff's Complaint . Document filed by Weleda, Inc..(Nucifora, Christopher)
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Att: 1 Memorandum of Law,
Att: 2 Declaration of Christopher Nucifora, Esq.,
Att: 3 Exhibit 1,
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Att: 50 Exhibit 48
Tuesday, March 20, 2018
29 29 order Order on Motion for Extension of Time to File Response/Reply Tue 03/20 5:02 PM
ORDER granting28 Letter Motion for Extension of Time to File Response/Reply: The parties may have until 3/23 to file if the weather or associated conditions make it impossible or impracticable to file as scheduled. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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28 28 motion Extension of Time to File Response/Reply Tue 03/20 4:41 PM
LETTER MOTION for Extension of Time to File Response/Reply as to 27 Order on Motion for Extension of Time to File Response/Reply addressed to Judge Cathy Seibel from Christopher Nucifora, Esq. dated March 20, 2018. Document filed by Weleda, Inc..(Nucifora, Christopher)
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Thursday, March 08, 2018
27 27 order Order on Motion for Extension of Time to File Response/Reply Thu 03/08 4:23 PM
ORDER granting26 Letter Motion for Extension of Time to File Response/Reply: Reply due by 3/21/18. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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26 26 motion Extension of Time to File Response/Reply Thu 03/08 2:49 PM
LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Cathy Seibel from Christopher Nucifora, Esq. dated March 8, 2018. Document filed by Weleda, Inc..(Nucifora, Christopher)
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Tuesday, February 27, 2018
25 25 order Memo Endorsement ~Util - Set Hearings Tue 02/27 5:19 PM
MEMO ENDORSEMENT: on re:24 Letter filed by Weleda, Inc. ENDORSEMENT: Application granted. The March 1, 2018 Telephone Conference is adjourned to March 26, 2018 at 12:30 p.m. (Telephone Conference set for 3/26/2018 at 12:30 PM before Magistrate Judge Judith C. McCarthy.) (Signed by Magistrate Judge Judith C. McCarthy on 2/27/2018) (ap)
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24 24 misc Letter Tue 02/27 2:41 PM
LETTER addressed to Magistrate Judge Judith C. McCarthy from Christopher Nucifora, Esq. dated February 27, 2018 re: 3-1-18 telephonic status conference. Document filed by Weleda, Inc..(Nucifora, Christopher)
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Thursday, February 01, 2018
23 23 order Order on Motion for Extension of Time to File Response/Reply Thu 02/01 6:01 PM
ORDER granting22 Letter Motion for Extension of Time to File Response/Reply: Opposition to be served by 2/28/2018. Reply to be served and all papers to be filed by 3/14/2018. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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Wednesday, January 31, 2018
22 22 motion Extension of Time to File Response/Reply Wed 01/31 6:08 PM
LETTER MOTION for Extension of Time to File Response/Reply in Opposition to Motion to Dismiss addressed to Judge Cathy Seibel from Joseph Lipari dated 1-31-18. Document filed by Russell Hughes.(Lipari, Joseph)
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Friday, January 05, 2018
21 21 order Protective Order Fri 01/05 5:36 PM
STIPULATED DISCOVERY CONFIDENTIALITY ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Magistrate Judge Judith C. McCarthy on 1/3/2018) (anc)
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Tuesday, January 02, 2018
20 20 misc Letter Tue 01/02 3:26 PM
LETTER addressed to Magistrate Judge Judith C. McCarthy from Christopher Nucifora, Esq. dated January 2, 2018 re: Proposed Joint Discovery Confidentiality Order. Document filed by Weleda, Inc..(Nucifora, Christopher)
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Att: 1 Text of Proposed Order Joint Discovery Confidentiality Order
Monday, December 11, 2017
minutes Status Conference ~Util - Set Hearings Tue 12/12 3:41 PM
Minute Entry for proceedings held before Magistrate Judge Judith C. McCarthy: Initial Status Conference held on December 11, 2017. The parties shall (1) submit a confidentiality stipulation and proposed order by January 2, 2018; (2) serve initial disclosures by January 11, 2018; (3) serve initial document requests and interrogatories by January 25, 2018; and (4) serve responses to initial discovery requests by April 6, 2018. Next telephone conference scheduled for March 1, 2018 at 10:30 a.m. before Magistrate Judge Judith C. McCarthy. Counsel shall have all parties on the line before contacting Chambers. (Court Reporter Courtflow) (jah)
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Wednesday, November 15, 2017
19 19 order Scheduling Order Wed 11/15 12:15 PM
SCHEDULING ORDER: The Court has scheduled a Status Conference for December 11, 2017 at 10:00 a.m. before Magistrate Judge Judith C. McCarthy in Courtroom 421. (Signed by Magistrate Judge Judith C. McCarthy on 11/15/2017) (mml)
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Tuesday, November 14, 2017
18 18 1 pgs order Order Referring Case to Magistrate Judge Tue 11/14 4:57 PM
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for If referral is for discovery disputes for a specific period when the District Judge is unavailable, the time period of the referral. Referred to Magistrate Judge Judith C. McCarthy. (Signed by Judge Cathy Seibel on 11/14/2017) (mml)
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minutes Pre-Motion Conference Tue 11/14 4:08 PM
Minute Entry for proceedings held before Judge Cathy Seibel: Pre-Motion Conference held on 11/14/2017. Amend Complaint by 11/27/17 (if it is going to be amended). Motion to dismiss 1/8/2018 (or Answer); opposition 2/7/2018; reply 2/21/2018. Case is referred to the Hon. Judith C. McCarthy to supervise discovery. Magistrate Judge McCarthy to decide if discovery is to go forward while briefing going on. See transcript. (Court Reporter Sue Ghorayeb) (aca)
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Monday, November 13, 2017
17 17 notice Notice of Appearance Mon 11/13 10:43 AM
NOTICE OF APPEARANCE by Joseph Lipari on behalf of Russell Hughes. (Lipari, Joseph)
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Monday, November 06, 2017
16 16 respm Response to Motion Mon 11/06 12:18 PM
LETTER RESPONSE to Motion addressed to Judge Cathy Seibel from Adam Gonnelli, Esq. dated November 6, 2017 re:9 LETTER MOTION for Conference requesting a pre-motion conference regarding Weledas anticipated motion to dismiss addressed to Judge Cathy Seibel from Christopher Nucifora dated June 27, 2017. . Document filed by Russell Hughes. (Gonnelli, Adam)
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Thursday, October 12, 2017
15 15 order Memo Endorsement ~Util - Set Hearings Thu 10/12 2:07 PM
MEMO ENDORSEMENT on re:14 Letter filed by Weleda, Inc. ENDORSEMENT: Pre-motion conference is adjourned to 11/13/17 at 4:30 pm. Opposition letter is due 11/6/17. SO ORDERED. (Pre-Motion Conference set for 11/13/2017 at 04:30 PM before Judge Cathy Seibel.) (Signed by Judge Cathy Seibel on 10/12/2017) (mml)
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Wednesday, October 11, 2017
14 14 misc Letter Wed 10/11 4:38 PM
LETTER addressed to Judge Cathy Seibel from Christopher Nucifora, Esq. dated October 11, 2017 re: Request to Adjourn 10-20-17 Pre-Motion Conference. Document filed by Weleda, Inc..(Nucifora, Christopher)
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Tuesday, October 10, 2017
13 13 order Memo Endorsement ~Util - Set Hearings Tue 10/10 12:59 PM
MEMO ENDORSEMENT on re:12 LETTER addressed to Judge Cathy Seibel from Christopher Nucifora dated October 9, 2017 re: request to adjourn 10-17-17 pre-motion conference. Document filed by Weleda, Inc. ENDORSEMENT: Pre-motion conference is adjourned to 10/20/17 at 3 pm. Opposition letter is due 10/13/17. So ordered. (Pre-Motion Conference set for 10/20/2017 at 03:00 PM before Judge Cathy Seibel.) (Signed by Judge Cathy Seibel on 10/10/2017) (rjm)
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Monday, October 09, 2017
12 12 misc Letter Mon 10/09 11:29 AM
LETTER addressed to Judge Cathy Seibel from Christopher Nucifora dated October 9, 2017 re: request to adjourn 10-17-17 pre-motion conference. Document filed by Weleda, Inc..(Nucifora, Christopher)
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Thursday, October 05, 2017
11 11 order Order on Motion for Conference Thu 10/05 1:28 PM
ORDER granting9 Letter Motion for Conference: Pre-Motion Conference set for 10/17/2017 at 04:15 PM before Judge Cathy Seibel. Apologies for the delay. Opposing party shall state its position, by letter of no more than 3 pages, by 10/12/17. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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Tuesday, June 27, 2017
10 10 notice Notice of Appearance Tue 06/27 3:56 PM
NOTICE OF APPEARANCE by Adam Richard Gonnelli on behalf of Russell Hughes. (Gonnelli, Adam)
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9 9 motion Conference Tue 06/27 2:29 PM
LETTER MOTION for Conference requesting a pre-motion conference regarding Weledas anticipated motion to dismiss addressed to Judge Cathy Seibel from Christopher Nucifora dated June 27, 2017. Document filed by Weleda, Inc..(Nucifora, Christopher)
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8 8 notice Notice of Appearance Tue 06/27 2:22 PM
NOTICE OF APPEARANCE by Christopher Nucifora on behalf of Weleda, Inc.. (Nucifora, Christopher)
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7 7 notice Notice of Appearance Tue 06/27 2:13 PM
NOTICE OF APPEARANCE by Erik Sardina on behalf of Weleda, Inc.. (Sardina, Erik)
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Monday, May 01, 2017
5 5 service Waiver of Service Executed Mon 05/01 10:31 AM
WAIVER OF SERVICE RETURNED EXECUTED. Weleda, Inc. waiver sent on 4/28/2017, answer due 6/27/2017. Document filed by Russell Hughes. (Sultzer, Jason)
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Thursday, April 06, 2017
4 4 service Summons Issued Fri 04/07 8:59 AM
ELECTRONIC SUMMONS ISSUED as to Weleda, Inc. (vf)
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3 3 misc Civil Cover Sheet Thu 04/06 2:24 PM
CIVIL COVER SHEET filed. (Sultzer, Jason)
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2 2 service Request for Issuance of Summons Thu 04/06 2:23 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Weleda, Inc., re:1 Complaint. Document filed by Russell Hughes. (Sultzer, Jason)
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1 1 cmp Complaint Thu 04/06 2:22 PM
COMPLAINT against Weleda, Inc.. (Filing Fee $ 400.00, Receipt Number 0208-13512943)Document filed by Russell Hughes.(Sultzer, Jason)
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Att: 1 Exhibit
notice Case Opening Initial Assignment Notice Fri 04/07 8:55 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Cathy Seibel. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:http://nysd.uscourts.gov/judges/District] . 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[LINK:http://nysd.uscourts.gov/ecf_filing.php] . (vf)
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utility Case Designation Fri 04/07 8:56 AM
Magistrate Judge Judith C. McCarthy is so designated. (vf)
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utility Case Designated ECF Fri 04/07 8:57 AM
Case Designated ECF. (vf)
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