Stewart et al v. Trident General Contracting LLC et al
| New York Southern District Court | |
| Judge: | Alison J Nathan |
| Case #: | 1:19-cv-05406 |
| Nature of Suit | 442 Civil Rights - Employment |
| Cause | 28:1331ed Fed. Question: Employment Discrimination |
| Case Filed: | Jun 10, 2019 |
| Re-opened: | Aug 27, 2019 |
| Terminated: | Oct 31, 2019 |
| Last checked: Saturday Dec 07, 2019 3:34 AM EST |
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Defendant
John Doe
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Defendant
Paul Doe
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Represented By
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Defendant
Darren McNiff
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Represented By
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Defendant
Trident General Contracting LLC
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Represented By
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Plaintiff
Michael Stewart
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Represented By
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Plaintiff
Sean Thomas
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Represented By
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| TERMINATED PARTIES | |
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Defendant
John McDonald
Terminated: 08/22/2019
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| Docket last updated: 8 hours ago |
| Wednesday, November 27, 2019 | ||
| 43 | 43
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pgs
order
Order on Motion for Extension of Time
Wed 11/27 4:17 PM
ORDER granting42 Letter Motion for Extension of Time. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/27/2019) (ks) |
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| 42 | 42
motion
Extension of Time
Wed 11/27 11:04 AM
FIRST LETTER MOTION for Extension of Time to Request that the Matter is Restored addressed to Judge Alison J. Nathan from Steven Fingerhut dated November 27, 2019. Document filed by Michael Stewart, Sean Thomas.(Fingerhut, Steven) |
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| Thursday, October 31, 2019 | ||
| 41 | 41
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pgs
order
Order of Discontinuance
Thu 10/31 12:59 PM
ORDER: It having been reported to this Court that this case has been settled, Dkt. No. 40, it is hereby ORDERED that the above-captioned action is discontinued without costs to any party and without prejudice to restoring the action to this Court's calendar if the application to restore the action is made within thirty (30) days. To be clear, any application to reopen must be filed within thirty days of this Order; any application to reopen filed thereafter may be denied solely on that basis. All scheduled conferences are hereby adjourned. Within the thirty-day period provided for in this Order, the parties may submit to the Court their own Stipulation of Dismissal for the Court to So Order. Pursuant to Rule 5.A. of the Court's Individual Practices in Civil Cases, the Court will not retain jurisdiction to enforce a settlement agreement unless the terms of the agreement are made part of the public record. SO ORDERED. (Signed by Judge Alison J. Nathan on 10/31/2019) (kv) |
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| Monday, September 30, 2019 | ||
| 39 | 39
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pgs
order
Case Management Plan
Mon 09/30 10:59 AM
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial pursuant to 28 U.S.C. § 636(c). The parties have conferred pursuant to Fed. R. Civ. P. 26(f). This case is to be tried to a jury. Non-expert Depositions shall be completed by 2/3/2020. The parties' SDNY mandatory mediation is scheduled for Oct. 21, 2019. Expert Deposition due by 3/17/2020. Fact Discovery due by 2/3/2020. Expert Discovery due by 3/17/2020. Case Management Conference set for 2/21/2020 at 03:15 PM before Judge Alison J. Nathan. (Signed by Judge Alison J. Nathan on 9/30/2019) (kv) |
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| Friday, September 27, 2019 | ||
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minutes
Pretrial Conference - Initial
Fri 09/27 4:53 PM
Minute Entry for proceedings held before Judge Alison J. Nathan. Initial pre trial conference held. Case management plan entered. See transcript for complete details. (Court Reporter Alena Lynch) (qs) |
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| Thursday, September 26, 2019 | ||
| 38 | 38
misc
Letter
Thu 09/26 5:22 PM
LETTER addressed to Judge Alison J. Nathan from H. Joseph Cronen dated 9/26/2019 re: Proposed Case Management Plan. Document filed by Michael Stewart, Sean Thomas.(Cronen, H.) |
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Att: 1
Appendix Proposed Case Management Plan
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| 37 | 37
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pgs
order
Order
Thu 09/26 12:20 PM
ORDER: An initial pretrial conference in the above-captioned action is scheduled for September 26, 2019 at 3:00 p.m. Dkt. No. 35. The parties were instructed to submit via ECF a proposed case management plan and joint letter no later than seven days before the conference, or September 20, 2019. Dkt. No. 35. The Court has not yet received the required documents. The parties are therefore ordered to submit their case management plan and joint letter no later than 7:00 p.m. on Thursday, September 26, 2019. (Signed by Judge Alison J. Nathan on 9/26/2019) (jwh) |
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| Friday, September 20, 2019 | ||
| 36 | 36
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pgs
misc
Proposed Case Management Plan
Fri 09/20 5:21 PM
PROPOSED CASE MANAGEMENT PLAN. Document filed by Trident General Contracting LLC. (Blocker, Tanya) |
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| Friday, September 13, 2019 | ||
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adr
Mediator Session Scheduled
Fri 09/13 11:20 AM
MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for 10/21/19 10 AM at Plaintiff's Counsel's Office.(smc) |
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| Thursday, September 12, 2019 | ||
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misc
Notice Regarding Deleted Document
Thu 09/12 1:14 PM
***DELETED DOCUMENT. Deleted document number 32 FINAL REPORT OF MEDIATOR #5. The document was incorrectly filed in this case. (ah) |
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| Tuesday, August 27, 2019 | ||
| 35 | 35
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pgs
order
Order on Motion to Reopen
Tue 08/27 3:21 PM
ORDER granting34 Letter Motion to Reopen. Because the Plaintiffs have reported that the above-captioned action has not, in fact, settled, the Clerk of Court is hereby respectfully requested to reopen this case. Plaintiffs' motion, Dkt. No. 34, is therefore GRANTED. The initial pretrial conference scheduled for September 27, 2019 at 3 PM is hereby restored to the calendar. The parties shall submit the proposed case management plan and joint letter described in the Court's previous order, Dkt. No. 11, seven days in advance of the conference. The parties shall also alert the mediation office that the case has not settled and has been reopened. SO ORDERED. (Signed by Judge Alison J. Nathan on 8/27/2019) (kv) |
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| 34 | 34
motion
Reopen
Tue 08/27 2:23 PM
FIRST LETTER MOTION to Reopen addressed to Judge Alison J. Nathan from Steven Fingerhut dated August 27, 2019. Document filed by Michael Stewart, Sean Thomas.(Fingerhut, Steven) |
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| 33 | 33
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pgs
order
Order of Discontinuance
Tue 08/27 10:57 AM
ORDER: It having been reported to this Court that this case has been settled, Dkt. No. 32, it is hereby ORDERED that the above-captioned action is discontinued without costs to any party and without prejudice to restoring the action to this Court's calendar if the application to restore the action is made within thirty (30) days. To be clear, any application to reopen must be filed within thirty days of this Order; any application to reopen filed thereafter may be denied solely on that basis. All scheduled conferences are hereby adjourned. Within the thirty-day period provided for in this Order, the parties may submit to the Court their own Stipulation of Dismissal for the Court to So Order. Pursuant to Rule 5.A. of the Court's Individual Practices in Civil Cases, the Court will not retain jurisdiction to enforce a settlement agreement unless the terms of the agreement are made part of the public record. SO ORDERED. (Signed by Judge Alison J. Nathan on 8/27/2019) (kv) |
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utility
Set/Reset Hearings
Tue 08/27 3:24 PM
Set/Reset Hearings: Initial Conference set for 9/27/2019 at 03:00 PM before Judge Alison J. Nathan. (kv) |
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| Thursday, August 22, 2019 | ||
| 31 | 31
order
Stipulation and Order of Voluntary Dismissal ~Util - Add and Terminate Parties
Fri 08/23 9:25 AM
STIPULATION OF DISMISSAL: It is hereby stipulated and agreed by the attorneys for the parties herein that, pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, all claims asserted against John McDonald pursuant to Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law-to wit, the first, second, third, fourth, fifth, sixth, seventh, eighth, and ninth causes of action-are dismissed, without prejudice, and without costs or fees to any party. So Ordered. (John McDonald (individually) terminated.) (Signed by Judge Alison J. Nathan on 8/22/19) (yv) |
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| 30 | 30
misc
Stipulation of Voluntary Dismissal
Thu 08/22 8:37 AM
STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) John McDonald and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Michael Stewart, Sean Thomas. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). .(Fingerhut, Steven) |
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misc
Notice to Court Regarding Voluntary Dismissal
Thu 08/22 12:16 PM
***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. 30 Stipulation of Voluntary Dismissal was reviewed and referred to Judge Alison J. Nathan for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (dt) |
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| Wednesday, August 14, 2019 | ||
| 29 | 29
service
Affidavit of Service Other
Wed 08/14 7:16 PM
AFFIDAVIT OF SERVICE of Court Orders and Plaintiff's Status Report served on John McDonald a/k/a "Fitz" on 8/14/2019. Service was made by Mail. Document filed by Michael Stewart, Sean Thomas. (Fingerhut, Steven) |
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| Tuesday, August 13, 2019 | ||
| 28 | 28
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pgs
order
Order
Tue 08/13 4:52 PM
ORDER: Plaintiffs shall file proof of service of the order of this Court issued on August 1, 2019, Dkt. No. 25, Plaintiffs' status report, Dkt. No. 26, the order of this Court issued on August 12, Dkt. No. 27, and this order on Defendant John McDonald by August 19, 2019. Within two weeks of this order, Plaintiffs shall move for default judgment against Defendant McDonald pursuant to this Court's Individual Practices in Civil Cases or file a status update with the Court explaining why a motion for default judgment against Defendant McDonald should not be filed at this time. Plaintiffs are on notice that failure to do so by this date may result in their claim being dismissed with prejudice for failure to prosecute. See United States ex rel. Drake v. Norden Systems, 375 F.3d 248, 250 (2d Cir. 2004) (noting "a district judge's authority to dismiss actions based on a plaintiffs failure to prosecute"). SO ORDERED. (Signed by Judge Alison J. Nathan on 8/13/2019) (jca) |
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| Monday, August 12, 2019 | ||
| 27 | 27
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order
Order
Mon 08/12 2:09 PM
ORDER re:25 Order. Accordingly, on or before August 14, 2019, Plaintiffs shall file proof of service. Failure to do so by this date may result in dismissal of their claim with prejudice for failure to prosecute. See United States ex rel. Drake v. Norden Systems, 375 F.3d 248, 250 (2d Cir. 2004) (noting "a district judge's authority to dismiss actions based on a plaintiff's failure to prosecute"). SO ORDERED. (Signed by Judge Alison J. Nathan on 8/9/2019) (kv) |
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| 26 | 26
misc
Status Report
Mon 08/12 11:23 AM
STATUS REPORT. in Response to Court's Order to Show Cause Document filed by Michael Stewart, Sean Thomas.(Fingerhut, Steven) |
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| Thursday, August 01, 2019 | ||
| 25 | 25
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pgs
order
Order
Thu 08/01 11:51 AM
ORDER: According to the affidavit of service filed on July 5, 2019, Defendant John McDonald's answer or other response to the complaint was due on or before July 11, 2019. Dkt. No. 12. As of this date, the Court is not in receipt of Defendant McDonald's answer. Within two weeks of this order, Plaintiffs shall move for default judgment against Defendant McDonald pursuant to this Court's Individual Practices in Civil Cases or file a status update with the Court explaining why a motion for default judgment against Defendant McDonald should not be filed at this time. Plaintiffs are on notice that failure to do so by this date may result in his claim being dismissed with prejudice for failure to prosecute. See United States ex rel. Drake v. Norden Systems, 375 F.3d 248, 250 (2d Cir. 2004) (noting "a district judge's authority to dismiss actions based on a plaintiffs failure to prosecute"). By August 5, 2019, Plaintiffs must serve this order on Defendant McDonald and file an affidavit of service on ECF. SO ORDERED. (Signed by Judge Alison J. Nathan on 7/31/2019) (jca) |
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adr
Notice of Mediator Assignment
Wed 08/21 10:13 AM
NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 9/3/2019.(mf) |
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| Wednesday, July 31, 2019 | ||
| 24 | 24
notice
Notice of Appearance
Wed 07/31 11:43 AM
NOTICE OF APPEARANCE by Christopher Aaron Seacord on behalf of Paul Doe, Darren McNiff, Trident General Contracting LLC. (Seacord, Christopher) |
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| 23 | 23
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pgs
order
Order of Automatic Referral to Mediation
Wed 07/31 8:54 AM
ORDER OF AUTOMATIC REFERRAL TO MEDIATION (See M-10-468 Second Amended Standing Order). Please reference the Pilot Discovery Protocols, attached, and the Mediation Program Procedures (http://nysd.uscourts.gov/mediation). E-mail MediationOffice@nysd.uscourts.gov, telephone 212-805-0643. Mediator to be Assigned by 8/12/2019. (Signed by Judge Loretta A. Preska on 10/1/2015) (rpr) |
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| Tuesday, July 30, 2019 | ||
| 22 | 22
answer
Answer to Complaint
Tue 07/30 5:58 PM
ANSWER to1 Complaint. Document filed by Trident General Contracting LLC.(Blocker, Tanya) |
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| 21 | 21
misc
Rule 7.1 Corporate Disclosure Statement
Tue 07/30 5:57 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Trident General Contracting LLC.(Blocker, Tanya) |
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| Monday, July 22, 2019 | ||
| 20 | 20
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pgs
order
Order on Motion for Extension of Time to Answer
Mon 07/22 10:37 AM
ORDER granting19 LETTER MOTION for Extension of Time to File Answer re:1 Complaint addressed to Judge Alison J. Nathan from Tanya N. Blocker dated July 19, 2019. Document filed by Paul Doe, Darren McNiff, Trident General Contracting LLC. So ordered. Paul Doe answer due 7/30/2019; Darren McNiff answer due 7/30/2019; Trident General Contracting LLC answer due 7/30/2019. (Signed by Judge Alison J. Nathan on 7/22/2019) (rjm) |
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| Friday, July 19, 2019 | ||
| 19 | 19
motion
Extension of Time to File Answer
Fri 07/19 5:02 PM
LETTER MOTION for Extension of Time to File Answer re:1 Complaint addressed to Judge Alison J. Nathan from Tanya N. Blocker dated July 19, 2019. Document filed by Paul Doe, Darren McNiff, Trident General Contracting LLC.(Blocker, Tanya) |
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| 18 | 18
notice
Notice of Appearance
Fri 07/19 4:37 PM
NOTICE OF APPEARANCE by Steven John Fingerhut on behalf of Michael Stewart, Sean Thomas. (Fingerhut, Steven) |
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| 17 | 17
notice
Notice of Appearance
Fri 07/19 4:29 PM
NOTICE OF APPEARANCE by Gregory Calliste, Jr on behalf of Sean Thomas. (Calliste, Gregory) |
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| Wednesday, July 17, 2019 | ||
| 16 | 16
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pgs
order
Order on Motion to Substitute Attorney
Wed 07/17 1:21 PM
ORDER granting14 Letter Motion to Substitute Attorney. SO ORDERED. Attorney Jessica Massimi terminated. (Signed by Judge Alison J. Nathan on 7/16/2019) (kv) |
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| Tuesday, July 16, 2019 | ||
| 15 | 15
notice
Notice of Appearance
Tue 07/16 4:27 PM
NOTICE OF APPEARANCE by H. Joseph Cronen on behalf of Michael Stewart, Sean Thomas. (Cronen, H.) |
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| 14 | 14
motion
Substitute Attorney
Tue 07/16 1:44 PM
LETTER MOTION to Substitute Attorney. Old Attorney: Jessica Massimi, New Attorney: Steven Fingerhut addressed to Judge Alison J. Nathan from Jessica Massimi dated July 16, 2019. Document filed by Michael Stewart, Sean Thomas.(Massimi, Jessica) |
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| 13 | 13
notice
Notice of Appearance
Tue 07/16 12:15 PM
NOTICE OF APPEARANCE by Steven John Fingerhut on behalf of Michael Stewart. (Fingerhut, Steven) |
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| Friday, July 05, 2019 | ||
| 12 | 12
service
Affidavit of Service Complaints
Fri 07/05 12:12 PM
AFFIDAVIT OF SERVICE. Paul Doe served on 6/20/2019, answer due 7/11/2019; John McDonald served on 6/20/2019, answer due 7/11/2019; Darren McNiff served on 6/20/2019, answer due 7/11/2019; Trident General Contracting LLC served on 6/20/2019, answer due 7/11/2019. Service was accepted by TARRA "SMITH" Co-Worker person spoken to refused to state true last name. Document filed by Michael Stewart. (Phillips, William) |
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| Wednesday, June 12, 2019 | ||
| 11 | 11
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order
Order for Initial Pretrial Conference
Wed 06/12 4:39 PM
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 9/27/2019 at 03:00 PM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan. Parties ordered to submit via ECF proposed case management plan and joint letter seven days before conference. (As further set forth in this Order.) (Signed by Judge Alison J. Nathan on 6/12/2019) (ks) |
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| Tuesday, June 11, 2019 | ||
| 10 | 10
service
Summons Issued
Tue 06/11 10:40 AM
ELECTRONIC SUMMONS ISSUED as to Trident General Contracting LLC. (jgo) |
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| 9 | 9
service
Summons Issued
Tue 06/11 10:39 AM
ELECTRONIC SUMMONS ISSUED as to Paul Doe. (jgo) |
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| 8 | 8
service
Summons Issued
Tue 06/11 10:38 AM
ELECTRONIC SUMMONS ISSUED as to John McDonald. (jgo) |
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| 7 | 7
service
Summons Issued
Tue 06/11 10:38 AM
ELECTRONIC SUMMONS ISSUED as to Darren McNiff. (jgo) |
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misc
Notice to Attorney Regarding Party Modification
Tue 06/11 10:18 AM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jessica Massimi. The party information for the following party/parties has been modified: John McDonald; Darren McNiff; Paul Doe; John Doe. The information for the party/parties has been modified for the following reason/reasons: party text was omitted; alias was entered incorrectly. (jgo) |
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notice
Case Opening Initial Assignment Notice
Tue 06/11 10:20 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. 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] . (jgo) |
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utility
Case Designation
Tue 06/11 10:21 AM
Magistrate Judge James L. Cott 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] . (jgo) |
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utility
Case Designated ECF
Tue 06/11 10:21 AM
Case Designated ECF. (jgo) |
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| Monday, June 10, 2019 | ||
| 6 | 6
misc
Civil Cover Sheet
Mon 06/10 10:29 AM
CIVIL COVER SHEET filed. (Massimi, Jessica) |
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| 5 | 5
service
Request for Issuance of Summons
Mon 06/10 10:28 AM
REQUEST FOR ISSUANCE OF SUMMONS as to Paul Doe, re:1 Complaint. Document filed by Michael Stewart, Sean Thomas. (Massimi, Jessica) |
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| 4 | 4
service
Request for Issuance of Summons
Mon 06/10 10:28 AM
REQUEST FOR ISSUANCE OF SUMMONS as to Darren McNiff, re:1 Complaint. Document filed by Michael Stewart, Sean Thomas. (Massimi, Jessica) |
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| 3 | 3
service
Request for Issuance of Summons
Mon 06/10 10:27 AM
REQUEST FOR ISSUANCE OF SUMMONS as to John McDonald (A/K/A "Fitz"), re:1 Complaint. Document filed by Michael Stewart, Sean Thomas. (Massimi, Jessica) |
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| 2 | 2
1
pgs
service
Request for Issuance of Summons
Mon 06/10 10:26 AM
REQUEST FOR ISSUANCE OF SUMMONS as to Trident General Contracting LLC, re:1 Complaint. Document filed by Michael Stewart, Sean Thomas. (Massimi, Jessica) |
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| 1 | 1
cmp
Complaint
Mon 06/10 10:25 AM
COMPLAINT against John Doe, Paul Doe, John McDonald (A/K/A "Fitz"), Darren McNiff, Trident General Contracting LLC. Document filed by Michael Stewart, Sean Thomas.(Massimi, Jessica) |
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misc
Civil Case Opening Fee Payment
Mon 06/10 10:33 AM
Civil Case Opening Fee Payment: for1 Complaint. Filing fee $ 400.00, receipt number ANYSDC-17049291.(Massimi, Jessica) |
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