Liberty Mutual Insurance Company et al v. Paolicelli et al
| New York Southern District Court | |
| Judge: | Kenneth M Karas |
| Case #: | 7:18-cv-03386 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity Action |
| Case Filed: | Apr 18, 2018 |
| Terminated: | Oct 23, 2019 |
| Last checked: Monday Oct 15, 2018 4:59 AM EDT |
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Defendant
Brinckerhoff and Neuville, Inc.
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Defendant
Michelle Paolicelli
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Represented By
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Plaintiff
Liberty Mutual Group, Inc.
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Represented By
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Plaintiff
Liberty Mutual Insurance Company
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Represented By
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| 1. | Liberty Mutual hits insurance agent with trade secrets lawsuit (insurancebusinessmag.com) |
| Submitted Mon 04/23/2018 | |
| Docket last updated: 7 hours ago |
| Wednesday, October 23, 2019 | ||
| 31 | 31
order
Stipulation and Order of Voluntary Dismissal
Wed 10/23 11:55 AM
STIPULATION OF DISMISSAL:Pursuant to Fed. R. Civ. P. 4l(a)(1)(A)(ii), Plaintiffs Liberty Mutual Group Inc. and Liberty Mutual Insurance Company, and Defendants Michelle Paolicelli and Brinkerhoff and Neuville, Inc.,jointly stipulate to the dismissal of this action, with prejudice, without costs, without attorneys' fees, and with all rights of appeal waived, and subject to the terms of the Court's Order on the Joint Motion to Approve Settlement dated October 22, 2019, and this dismissal does not affect the Stipulated Injunction or the rights/obligations set forth in the Settlement and Release Agreement executed in this action, which remains in force according to its terms. SO ORDERED. (Signed by Judge Kenneth M. Karas on 10/23/2019) (jca) |
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| Tuesday, October 22, 2019 | ||
| 30 | 30
order
Stipulation and Order
Tue 10/22 4:25 PM
STIPULATED INJUNCTION: NOW, THEREFORE, it is hereby jointly stipulated and agreed by and between Liberty Mutual and the Defendants, through their undersigned counsel, that the Defendants will be subject to the following injunction: A. Through August 31, 2021, the Defendants shall not, directly or indirectly, do any of the following: 1. sell or attempt to sell products or services of the type or kind offered by or through Liberty Mutual to any Restricted Customer; 2. solicit or attempt to solicit any Restricted Customer to purchase any products or services of the type or kind offered by or through Liberty Mutual; 3. induce or assist any Restricted Customer to reduce, replace, lapse, surrender, or cancel any insurance obtained from or through Liberty Mutual. (As further set forth in this Order.) SO ORDERED. (Signed by Judge Kenneth M. Karas on 10/22/2019) (ks) |
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| Wednesday, October 16, 2019 | ||
| 29 | 29
motion
Settlement
Wed 10/16 10:42 AM
JOINT MOTION for Settlement Approval . Document filed by Liberty Mutual Group, Inc., Liberty Mutual Insurance Company.(Donovan, Michael) |
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Att: 1
Exhibit Stipulated Injunction,
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Att: 2
Exhibit Stipulation of Dismissal
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| Thursday, January 31, 2019 | ||
| 28 | 28
misc
Status Report
Thu 01/31 2:31 PM
STATUS REPORT. Document filed by Liberty Mutual Group, Inc., Liberty Mutual Insurance Company.(Stretton, John) |
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| Friday, December 21, 2018 | ||
| 27 | 27
order
Memo Endorsement
Fri 12/21 12:00 PM
MEMO ENDORSEMENT on re:26 Letter filed by Liberty Mutual Group, Inc., Liberty Mutual Insurance Company. ENDORSEMENT: Counsel are to report back to the Court by 1/31/19. SO ORDERED. (Signed by Judge Kenneth M. Karas on 12/21/2018) (jca) |
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| Thursday, December 20, 2018 | ||
| 26 | 26
misc
Letter
Thu 12/20 2:52 PM
JOINT LETTER addressed to Judge Kenneth M. Karas from JOHN G. STRETTON dated DECEMBER 20, 2018 re: STATUS LETTER. Document filed by Liberty Mutual Group, Inc., Liberty Mutual Insurance Company.(Stretton, John) |
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| Thursday, September 06, 2018 | ||
| 25 | 25
1
pgs
order
Order on Motion for Extension of Time
Thu 09/06 12:50 PM
ORDER: granting24 Letter Motion for Extension of Time. Granted. The Schedule is extended 30 days. SO ORDERED. (Signed by Judge Kenneth M. Karas on 9/05/2018) (ama) |
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| Thursday, August 30, 2018 | ||
| 24 | 24
motion
Extension of Time
Thu 08/30 4:57 PM
FIRST LETTER MOTION for Extension of Time addressed to Judge Kenneth M. Karas from Jonathan Cooper/All Parties dated August 30, 2018. Document filed by Michelle Paolicelli.(Cooper, Jonathan) |
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| 23 | 23
misc
Proposed Order
Thu 08/30 4:49 PM
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - PROPOSED ORDER. Document filed by Michelle Paolicelli. Related Document Number:16 . (Cooper, Jonathan) Proposed Order to be reviewed by Clerk's Office staff. Modified on 8/30/2018 (km) |
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| 22 | 22
misc
Proposed Order
Thu 08/30 3:55 PM
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - PROPOSED ORDER. Document filed by Michelle Paolicelli. Related Document Number:16 . (Cooper, Jonathan) Proposed Order to be reviewed by Clerk's Office staff. Modified on 8/30/2018 (km) |
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Att: 1
Text of Proposed Order Proposed Order Modifying Schedule
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misc
Notice to Attorney to Re-File Document - Event Type Error
Thu 08/30 4:13 PM
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Jonathan Cooper to RE-FILE Document 22 Proposed Order. Use the event type Proposed stipulation and order found under the event list proposed orders. Please refer to ECF Rule 8.5, handwritten signatures of the attorneys are required. The letter needs to be filed as a separate entry from the stipulation and order. (km) |
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misc
Notice to Attorney to Re-File Document - Event Type Error
Thu 08/30 4:59 PM
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Jonathan Cooper to RE-FILE Document 23 Proposed Order. Use the event type Proposed stipulation and order found under the event list proposed orders. (km) |
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| Tuesday, May 29, 2018 | ||
| 21 | 21
notice
Notice of Appearance
Tue 05/29 1:03 PM
NOTICE OF APPEARANCE by Michael Gerard Donovan on behalf of Liberty Mutual Group, Inc., Liberty Mutual Insurance Company. (Donovan, Michael) |
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| Thursday, May 24, 2018 | ||
| 20 | 20
notice
Notice of Appearance
Thu 05/24 4:34 PM
NOTICE OF APPEARANCE by Carly Massey Krolak on behalf of Liberty Mutual Group, Inc., Liberty Mutual Insurance Company. (Krolak, Carly) |
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| 19 | 19
order
Memo Endorsement 1 - Terminate Hearings
Thu 05/24 2:28 PM
MEMO ENDORSEMENT on re:18 Letter filed by Liberty Mutual Group, Inc., Liberty Mutual Insurance Company. ENDORSEMENT: The hearing scheduled for 6/19 is adjourned. In accordance with the stipulated order, the conference will be rescheduled only when one of the parties requests a new date, but no earlier than 9/15/18. (Dkt. 16 Paragraph 5.) The Court also notes that attorneys Carly M. Krolak and Kenneth Stenger, along with any other attorneys who will be appearing in this case, must file notices of appearances on the docket. SO ORDERED. (Signed by Judge Kenneth M. Karas on 5/24/2018) (mml) |
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| Wednesday, May 23, 2018 | ||
| 18 | 18
misc
Letter
Wed 05/23 4:24 PM
LETTER addressed to Judge Kenneth M. Karas from Carly M. Krolak dated May 23, 2018 re: May 14 Memo Endorsement - Entry No. 17. Document filed by Liberty Mutual Group, Inc., Liberty Mutual Insurance Company.(Stretton, John) |
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| Monday, May 14, 2018 | ||
| 17 | 17
order
Memo Endorsement
Mon 05/14 4:35 PM
MEMO ENDORSEMENT on re:15 FIRST LETTER MOTION to Adjourn Conference addressed to Judge Kenneth M. Karas from Jonathan Cooper dated May 11, 2018. filed by Michelle Paolicelli. ENDORSEMENT: Granted. The 5/18 conference is moved to 6/19/18, at 10:45. So ordered. (Signed by Judge Kenneth M. Karas on 5/11/2018) (ne) |
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utility
Set/Reset Hearings
Mon 05/14 4:36 PM
Set/Reset Hearings: Show Cause Hearing set for 6/19/2018 at 10:45 AM before Judge Kenneth M. Karas. (ne) |
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| Friday, May 11, 2018 | ||
| 16 | 16
order
Stipulation and Order ~Util - Terminate Motions ~Util - Set Deadlines
Fri 05/11 5:26 PM
STIPULATED ORDER: Now therefore, it is ORDERED that: 1. For the duration of this Stipulation, Defendant Paolicelli is enjoined from, directly or indirectly: A. selling or attempting to sell products or services of the type or kind offered by or through Liberty Mutual (hereinafter "Products/Services") to any person, company or organization, as further set forth in this Order. The Preliminary Injunction Hearing scheduled for May 18, 2018 per the Show Cause Order is adjourned until such time as the court schedules a new hearing date pursuant to a party requesting a new date for the Preliminary Injunction Hearing, however, the parties agree that the Preliminary Injunction Hearing shall be no earlier than September 15, 2018. 6. This Stipulation shall remain in place until the earlier of: (a) the resolution of the instant litigation; (b) the Court's ruling following the Preliminary Injunction Hearing; and/or (c) agreement of the parties. 7. Defendants' Rule 12 response to the Complaint shall be due on September 1, 2018. 8. The Defendants' responsive papers scheduled to be due on May 7, 2018 per the Show Cause Order shall be due on September 1, 2018. Motions terminated:15 FIRST LETTER MOTION to Adjourn Conference addressed to Judge Kenneth M. Karas from Jonathan Cooper dated May 11, 2018 filed by Michelle Paolicelli. (Show Cause Response due by 9/1/2018.) (Signed by Judge Kenneth M. Karas on 5/11/2018) (mml) |
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| 15 | 15
motion
Adjourn Conference
Fri 05/11 4:10 PM
FIRST LETTER MOTION to Adjourn Conference addressed to Judge Kenneth M. Karas from Jonathan Cooper dated May 11, 2018. Document filed by Michelle Paolicelli. Return Date set for 5/18/2018 at 03:30 PM.(Cooper, Jonathan) |
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utility
Set/Reset Deadlines
Fri 05/11 6:02 PM
Set/Reset Deadlines: Motions due by 9/1/2018. (mml) |
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| Tuesday, May 08, 2018 | ||
| 14 | 14
order
Memo Endorsement ~Util - Set Deadlines
Tue 05/08 4:37 PM
MEMO ENDORSEMENT on re:13 Letter, filed by Liberty Mutual Group, Inc., Liberty Mutual Insurance Company. ENDORSEMENT: Granted. (Show Cause Response due by 5/9/2018.) (Signed by Judge Kenneth M. Karas on 5/8/2018) (jwh) |
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| Monday, May 07, 2018 | ||
| 13 | 13
misc
Letter
Mon 05/07 5:47 PM
FIRST LETTER addressed to Judge Kenneth M. Karas from Michael G. Donovan dated May 7, 2018 re: Extension of Time for Defendants to Respond to Request for Injunctive Relief. Document filed by Liberty Mutual Group, Inc., Liberty Mutual Insurance Company.(Stretton, John) |
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| Wednesday, May 02, 2018 | ||
| 12 | 12
notice
Notice of Appearance
Wed 05/02 9:30 AM
NOTICE OF APPEARANCE by Jonathan Marc Cooper on behalf of Michelle Paolicelli. (Cooper, Jonathan) |
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| Monday, April 30, 2018 | ||
| 11 | 11
2
pgs
order
Order on Motion to Appear Pro Hac Vice
Mon 04/30 12:34 PM
ORDER FOR ADMISSION PRO HAC VICE granting9 Motion for Michael G. Donovan to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Kenneth M. Karas on 4/30/2018) (mml) |
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| 10 | 10
2
pgs
order
Order on Motion to Appear Pro Hac Vice
Mon 04/30 12:20 PM
ORDER FOR ADMISSION PRO HAC VICE granting8 Motion for Carly M. Krolak to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Kenneth M. Karas on 4/30/2018) (mml) |
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| Thursday, April 26, 2018 | ||
| 9 | 9
motion
Appear Pro Hac Vice
Thu 04/26 3:48 PM
MOTION for Michael G. Donovan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14993794. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Liberty Mutual Group, Inc., Liberty Mutual Insurance Company.(Stretton, John) |
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| 8 | 8
motion
Appear Pro Hac Vice
Thu 04/26 3:28 PM
MOTION for Carly M. Krolak to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14993600. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Liberty Mutual Group, Inc., Liberty Mutual Insurance Company.(Stretton, John) |
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misc
Notice Regarding Pro Hac Vice Motion
Thu 04/26 3:32 PM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 8 MOTION for Carly M. Krolak to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14993600. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
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misc
Notice Regarding Pro Hac Vice Motion
Thu 04/26 4:25 PM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 9 MOTION for Michael G. Donovan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14993794. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma) |
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| Tuesday, April 24, 2018 | ||
| 7 | 7
misc
Rule 7.1 Corporate Disclosure Statement
Tue 04/24 9:19 AM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Liberty Mutual Holding Company, Inc. for Liberty Mutual Group, Inc., Liberty Mutual Insurance Company. Document filed by Liberty Mutual Group, Inc., Liberty Mutual Insurance Company.(Stretton, John) |
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| Monday, April 23, 2018 | ||
| 6 | 6
misc
Brief
Mon 04/23 5:25 PM
BRIEF re:5 Order to Show Cause,,,,, . Document filed by Liberty Mutual Group, Inc., Liberty Mutual Insurance Company.(Stretton, John) |
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misc
Notice to Attorney to Re-File Document - Deficient Docket Entry Error
Mon 04/23 9:54 AM
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney John Gerard Stretton to RE-FILE Document 4 Rule 7.1 Corporate Disclosure Statement,. ERROR(S): Corporate Parents were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). YOU MUST SELECT THE SEARCH BUTTON. Select the correct name or create a new corporate parent. Add the Corporate Parent(s) or Affiliate(s) one party name at a time. (lb) |
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| Friday, April 20, 2018 | ||
| 5 | 5
4
pgs
order
Order to Show Cause
Fri 04/20 6:09 PM
ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION AND TO ALLOW EXPEDITED DISCOVERY: IT IS ORDERED that Defendants Michelle Paolicelli ("Paolicelli") and Brinckerhoff and Neuville, Inc. d/b/a Brinkerhoff & Neuville Insurance Group ("B&N") (collectively, "Defendants") show cause before a motion term of this Court at least four (4) weeks from the date of this Order, in Courtroom 521, United States Courthouse, 300 Quarropas Street, White Plains, New York 10601-4150, on May 18, at 3:30 p.m. IT IS FURTHER ORDERED THAT service, by email and via Fed Ex and/or first-class mail, of a copy of this Order to Show Cause for a Preliminary Injunction and to Allow Expedited Discovery, together with the papers upon which it was granted, upon Defendants, or their counsel (if any), on or before the 25th day of April, 2018, shall be deemed good and sufficient service thereof. IT IS FURTHER ORDERED THAT Defendants' responsive papers, if any, shall be served upon Liberty Mutual's counsel, by email and via Fed Ex and/or first-class mail, on or before the 7th day of May, 2018, and as further set forth in this order. Show Cause Hearing set for 5/18/2018 at 3:30 PM in Courtroom 521, 300 Quarropas Street, White Plains, NY 10601 before Judge Kenneth M. Karas. (Signed by Judge Kenneth M. Karas on 4/20/2018) (ap) |
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| Thursday, April 19, 2018 | ||
| 4 | 4
misc
Rule 7.1 Corporate Disclosure Statement
Thu 04/19 4:46 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Liberty Mutual Group, Inc., Liberty Mutual Insurance Company.(Stretton, John) |
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| 3 | 3
cmp
Complaint
Thu 04/19 2:25 PM
COMPLAINT against Brinckerhoff and Neuville, Inc., Michelle Paolicelli. Document filed by Liberty Mutual Insurance Company, Liberty Mutual Group, Inc..(Stretton, John) |
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misc
Notice to Attorney Regarding Deficient Pleading
Thu 04/19 2:09 PM
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney John Gerard Stretton to RE-FILE Document No. 1 Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (sj) |
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misc
Notice to Attorney Regarding Party Modification
Thu 04/19 2:11 PM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney John Gerard Stretton. The party information for the following party/parties has been modified: Michelle Paolicelli; Brinckerhoff and Neuville, Inc.. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps. (sj) |
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notice
Case Opening Initial Assignment Notice
Thu 04/19 2:15 PM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Kenneth M. Karas. 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] . (sj) |
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utility
Case Designation
Thu 04/19 2:16 PM
Magistrate Judge Paul E. Davison 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:[LINK:http://nysd.uscourts.gov/forms.php] . (sj) |
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utility
Case Designated ECF
Thu 04/19 2:16 PM
Case Designated ECF. (sj) |
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| Wednesday, April 18, 2018 | ||
| 2 | 2
misc
Civil Cover Sheet
Wed 04/18 12:40 PM
CIVIL COVER SHEET filed. (Stretton, John) |
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| 1 | 1
cmp
Complaint
Wed 04/18 12:39 PM
COMPLAINT against Liberty Mutual Insurance Company, Liberty Mutual Group, Inc.. (Filing Fee $ 400.00, Receipt Number 0208-14956515)Document filed by Liberty Mutual Insurance Company, Liberty Mutual Group, Inc..(Stretton, John) |
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Att: 1
Exhibit A-F,
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Att: 2
Exhibit G-K,
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Att: 3
Exhibit J-Q,
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Att: 4
Exhibit R-Z,
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Att: 5
Exhibit AA-FF,
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Att: 6
Exhibit GG-JJ
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