Lezer Corp. v. Noble Partners LLC et al
| Florida Southern District Court | |
| Judge: | Robert N Scola, Jr |
| Referred: | Edwin G Torres |
| Case #: | 1:20-cv-23235 |
| Nature of Suit | 150 Contract - Recovery of Overpayment & Enforcement of Judgment |
| Cause | 28:1330 Breach of Contract |
| Case Filed: | Aug 04, 2020 |
| Terminated: | Dec 28, 2020 |
| Last checked: Sunday Jan 31, 2021 6:08 AM EST |
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Defendant
Sean Grady
an individual 12 Wellstone Drive
Portland, ME 04013 |
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Defendant
Noble Partners LLC
a Maine limited liability company Attn: Sean Grady, President 12 Wellstone Drive
Portland, ME 04013 |
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Plaintiff
Lezer Corp.
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Represented By
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| TERMINATED PARTIES | |
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Movant
Paul Miller
Terminated: 01/27/2021
533 Congress Street
Portland, ME 04101 |
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GPO
Oct 05 2020
REPORT AND RECOMMENDATION re 11 MOTION/APPLICATION for Writ on Prejudgment Writ of Attachment on Defendants' Assets and/or Bank Accounts Traceable to the Deposit MOTION for Preliminary Injunction filed by Lezer Corp. Recommending that Plaintiff's Motion be DENIED. Objections to R&R due by 10/19/2020. Signed by Magistrate Judge Edwin G. Torres on 10/5/2020. See attached document for full details. (js02) |
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GPO
Oct 23 2020
cument for full details. (jao)Order Adopting 16 Report and Recommendations; denying 11 Motion for Writ ; denying 11 Motion for Preliminary Injunction;. Certificate of Appealability: No Ruling Signed by Judge Robert N. Scola, Jr on 10/23/2020. See attached do |
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GPO
Dec 04 2020
> Signed by Magistrate Judge Edwin G. Torres on 12/4/2020. See attached document for full details. (js02)REPORT AND RECOMMENDATION re 25 MOTION for Default Judgment filed by Lezer Corp. Recommending that Plaintiff's Motion for Default Judgment be GRANTED in part and DENIED in part. Objections to R&R due by 12/18/2020.
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GPO
Dec 28 2021
ORDER Adopting in Part 28 Report and Recommendations re granting in part and denying in part 25 Motion for Default Judgment ; Certificate of Appealability: No Ruling. Any other pending motions aredenied as moot. Closing Case. Signed by Judge Robert N. Scola, Jr on 12/23/2020. See attached document for full details. (jao) |
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GPO
Feb 19 2021
te Judge Edwin G. Torres on 2/19/2021. See attached document for full details. (js02)REPORT AND RECOMMENDATION re 34 MOTION for Bill of Costs filed by Lezer Corp. Recommending that Lezer's Motion for Costs be GRANTED in part and DENIED in part. Objections to R&R due by 3/5/2021. Signed by Magistra |
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GPO
Mar 09 2021
full details. (jao)ORDER Adopting 42 Report and Recommendations re granting in part and denying in part 34 Motion for Bill of Costs; Certificate of Appealability: No Ruling. Signed by Judge Robert N. Scola, Jr on 3/8/2021. See attached document for |
| 1. | Maine company that took orders for pandemic supplies faces federal lawsuit (pressherald.com) |
| Submitted Fri 10/30/2020 | |
| Docket last updated: 11/22/2024 11:59 PM EST |
| Tuesday, March 09, 2021 | ||
| 44 | 44
notice
Notice of Compliance
Tue 03/09 8:32 AM
NOTICE of Compliance re43 Order on Report and Recommendations, copy of Order has been mailed out via U.S. Mail. (jao) |
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| 43 | 43
1
pgs
order
Order on Motion for Bill of Costs Order on Report and Recommendations
Tue 03/09 8:25 AM
ORDER Adopting42 Report and Recommendations re granting in part and denying in part34 Motion for Bill of Costs; Certificate of Appealability: No Ruling. Signed by Judge Robert N. Scola, Jr on 3/8/2021. See attached document for full details. (jao) |
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| Friday, February 19, 2021 | ||
| 42 | 42
motion
Report and Recommendations
Fri 02/19 10:05 AM
REPORT AND RECOMMENDATION re34 MOTION for Bill of Costs filed by Lezer Corp. Recommending that Lezer's Motion for Costs be GRANTED in part and DENIED in part. Objections to R&R due by 3/5/2021. Signed by Magistrate Judge Edwin G. Torres on 2/19/2021. See attached document for full details. (js02) |
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| Wednesday, January 27, 2021 | ||
| 41 | 41
notice
Clerk's Notice (Other) with Optional Adhoc NEF
Thu 01/28 3:11 PM
CLERK'S NOTICE re 40 Order on Motion to Intervene. Order mailed per order. (pes) |
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| 40 | 40
order
Order on Motion to Intervene
Wed 01/27 1:31 PM
PAPERLESS ORDER: The Court denies, with prejudice ,39 pro se non-party Paul Miller's motion for "limited intervention." Previously, the Court denied Miller's motion based on his failure to comply with Local Rule 7.1(a)(3)'s conferral requirement. Miller has refiled what appears to be a motion identical to the first and which still fails to comply with Rule 7.1(a)(3)'s conferral requirement. The motion is, additionally, substantively meritless. Miller professes an interest in this case based on an assignment from corporate Defendant Noble Partners LLC regarding a contract involving another non-party, Elidan LLC (or Elidan Investments LLC). This assignment, even if valid, does not establish Miller's interest in this case: Elidan's interests have no connection to this litigation. Further, Miller maintains his motion is timely because it was "filed within days of service being made upon him as statutory agent for the defendant, Joseph McMahon Corporation, and before any responsive pleading . . . is even due from the defendant." (Miller's Mot. at 4.) First, Joseph McMahon Corporation is not a defendant in this case and, second, the deadline to respond to the complaint in this case has long since passed. For these reasons, Miller's request for permissive intervention is also meritless: Miller has simply not presented any legitimate interest in the outcome of this case and so his motion fails. The Court directs the Clerk to mail copies of this order to: (1) Paul Miller 533 Congress Street Portland, ME 04101 (2) Noble Partners LLC, dba Noble Medical Supply Attn: Sean Grady, President 12 Wellstone Drive Portland, ME 04013 (3) Sean Grady 12 Wellstone Drive Portland, ME 04013 Signed by Judge Robert N. Scola, Jr. (kbe) |
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| Thursday, January 21, 2021 | ||
| 38 | 38
notice
Clerk's Notice (Other)
Fri 01/22 3:18 PM
CLERK'S NOTICE re 36 PAPERLESS ORDER. Order mailed per order. (pes) |
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| 37 | 37
1
pgs
order
Order Referring Motion
Fri 01/22 7:27 AM
ORDER REFERRING34 MOTION for Bill of Costs filed by Lezer Corp.. Motions referred to Judge Edwin G. Torres. Signed by Judge Robert N. Scola, Jr. on 1/21/2021. See attached document for full details. (ls) |
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| 36 | 36
order
- Order (PAPERLESS or pdf attached)
Thu 01/21 5:40 PM
PAPERLESS ORDER: The Court directs the Clerk to mail copies of 35 the paperless order denying movant Paul Miller's motion to intervene to: (1) Paul Miller 533 Congress Street Portland, ME 04101 (2) Noble Partners LLC, dba Noble Medical Supply Attn: Sean Grady, President 12 Wellstone Drive Portland, ME 04013 (3) Sean Grady 12 Wellstone Drive Portland, ME 04013 Signed by Judge Robert N. Scola, Jr. (kbe) |
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| 35 | 35
order
Order on Motion to Intervene
Thu 01/21 3:17 PM
PAPERLESS ORDER: The Court denies, without prejudice,33 putative intervenor Paul Miller's motion for limited intervention because the motion does not contain a pre-filing-conference certification, as required by the Court's Local Rules. Local Rule 7.1(a)(3) requires an attorney filing a motion in a civil case to first confer with all parties or non-parties who may be affected by the relief sought in a good-faith effort to resolve by agreement the issues raised in the motion. The filing attorney must then include in the motion a statement explaining to the Court that (1) all or some of the issues raised in the motion are unopposed; (2) counsel conferred but could not agree on all or some of the issues raised in the motion; or (3) counsel diligently attempted to confer but was unable to reach the opposing counsel. S.D. Fla. L.R. 7.1(a)(3). "The purpose of the rule is to ensure judicial economy and prevent courts from considering issues the parties could agree on independently, and to ascertain whether the Court need wait for a response from the opposing party before deciding the motion." Aguilar v. United Floor Crew, Inc. , No. 14-CIV-61605, 2014 WL 6751663, at *1 (S.D. Fla. Dec. 1, 2014) (Bloom, J.). Signed by Judge Robert N. Scola, Jr. (kbe) |
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| 34 | 34
motion
Bill of Costs
Thu 01/21 2:44 PM
MOTION for Bill of Costs by Lezer Corp.. Responses due by 2/4/2021 |
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Att: 1
Exhibit - Itemization and Support
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| 33 | 33
motion
Intervene
Thu 01/21 1:45 PM
MOTION for Limited Intervention for the purposes of Notice of Void Judgment by Paul Miller. (ls) |
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| Wednesday, December 30, 2020 | ||
| 32 | 32
notice
Notice of Compliance
Wed 12/30 4:30 PM
NOTICE of Compliance re31 Judgment,30 Order on Motion for Default Judgment,, Order on Report and Recommendations, copies of Orders have been mailed via U.S. Mail. (jao) |
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| 31 | 31
order
Judgment
Wed 12/30 4:28 PM
JUDGMENT in favor of Lezer Corp. against Noble Partners LLC, Sean Grady Signed by Judge Robert N. Scola, Jr on 12/30/2020. See attached document for full details. (jao) |
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| Monday, December 28, 2020 | ||
| 30 | 30
4
pgs
order
Order on Motion for Default Judgment Order on Report and Recommendations
Mon 12/28 11:33 AM
ORDER Adopting in Part28 Report and Recommendations re granting in part and denying in part25 Motion for Default Judgment ; Certificate of Appealability: No Ruling. Any other pending motions aredenied as moot. Closing Case. Signed by Judge Robert N. Scola, Jr on 12/23/2020. See attached document for full details. (jao) |
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| Friday, December 18, 2020 | ||
| 29 | 29
respm
Response/Reply (Other)
Fri 12/18 12:28 PM
RESPONSE to28 REPORT AND RECOMMENDATIONS re25 MOTION for Default Judgment filed by Lezer Corp. by Lezer Corp.. |
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| Friday, December 04, 2020 | ||
| 28 | 28
motion
Report and Recommendations
Fri 12/04 4:13 PM
REPORT AND RECOMMENDATION re25 MOTION for Default Judgment filed by Lezer Corp. Recommending that Plaintiff's Motion for Default Judgment be GRANTED in part and DENIED in part. Objections to R&R due by 12/18/2020. Signed by Magistrate Judge Edwin G. Torres on 12/4/2020. See attached document for full details. (js02) |
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| Thursday, November 19, 2020 | ||
| 27 | 27
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pgs
order
Order Referring Motion
Thu 11/19 2:54 PM
ORDER REFERRING25 MOTION for Default Judgment filed by Lezer Corp. Motions referred to Judge Edwin G. Torres. Signed by Judge Robert N. Scola, Jr on 11/19/2020. See attached document for full details. (jao) |
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| Tuesday, November 10, 2020 | ||
| 26 | 26
misc
Affidavit
Tue 11/10 5:07 PM
AFFIDAVIT of Non-Military Status of Sean Grady signed by: Alexis S. Read re25 MOTION for Default Judgment by Lezer Corp. |
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| 25 | 25
motion
Default Judgment
Tue 11/10 4:48 PM
MOTION for Default Judgment by Lezer Corp.. |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Affidavit of Proof,
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Att: 4
Affidavit of Costs,
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Att: 5
Affidavit of Gutnicki LLP,
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Att: 6
Affidavit of Read Law PLLC
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| Monday, October 26, 2020 | ||
| 24 | 24
notice
Clerks Notice of Docket Correction and Instruction to Filer - Attorney
Mon 10/26 10:41 AM
Clerks Notice to Filer re23 NOTICE by Lezer Corp. of Joint Liability. Document Not Linked ; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (jao) |
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| Sunday, October 25, 2020 | ||
| 23 | 23
notice
Notice (Other)
Sun 10/25 6:29 PM
NOTICE by Lezer Corp. of Joint Liability |
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| Friday, October 23, 2020 | ||
| 22 | 22
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pgs
order
Order Adopting Report and Recommendations Order on Motion for Writ Order on Motion for Preliminary Injunction Order on Report and Recommendations
Fri 10/23 11:48 AM
Order Adopting16 Report and Recommendations; denying11 Motion for Writ ; denying11 Motion for Preliminary Injunction;. Certificate of Appealability: No Ruling Signed by Judge Robert N. Scola, Jr on 10/23/2020. See attached document for full details. (jao) |
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| 22 | 22
1
pgs
order
Order Adopting Report and Recommendations Order on Motion for Writ Order on Motion for Preliminary Injunction Order on Report and Recommendations
Fri 10/23 11:48 AM
Order Adopting16 Report and Recommendations; denying11 Motion for Writ ; denying11 Motion for Preliminary Injunction;. Certificate of Appealability: No Ruling Signed by Judge Robert N. Scola, Jr on 10/23/2020. See attached document for full details. (jao) |
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| 21 | 21
notice
Notice of Compliance
Fri 10/23 11:09 AM
NOTICE of Compliance re20 Order On Default Judgment Procedure, copies of Order have been mailed out via U.S. Mail to defendants by DEPUTY CLERK. (jao) |
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| 21 | 21
notice
Notice of Compliance
Fri 10/23 11:09 AM
NOTICE of Compliance re20 Order On Default Judgment Procedure, copies of Order have been mailed out via U.S. Mail to defendants by DEPUTY CLERK. (jao) |
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| 20 | 20
order
- Order (PAPERLESS or pdf attached) ~Util - Set Answer Due Deadline
Fri 10/23 11:06 AM
Order On Default Judgment Procedure; Sean Grady response due 11/2/2020; Noble Partners LLC response due 11/2/2020. Signed by Judge Robert N. Scola, Jr on 10/23/2020. See attached document for full details. (jao) |
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| 20 | 20
order
- Order (PAPERLESS or pdf attached) ~Util - Set Answer Due Deadline
Fri 10/23 11:06 AM
Order On Default Judgment Procedure; Sean Grady response due 11/2/2020; Noble Partners LLC response due 11/2/2020. Signed by Judge Robert N. Scola, Jr on 10/23/2020. See attached document for full details. (jao) |
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| Thursday, October 15, 2020 | ||
| 19 | 19
order
Clerks Entry/Non-Entry of Default - FORM
Thu 10/15 3:29 PM
Clerks Entry of Default as to Noble Partners, LLC, Sean Grady - Signed by DEPUTY CLERK on 10/15/2020. (pes) |
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| Wednesday, October 14, 2020 | ||
| 18 | 18
motion
Clerks Entry of Default
Wed 10/14 5:12 PM
MOTION for Clerks Entry of Default as to Sean Grady by Lezer Corp.. |
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| 17 | 17
motion
Clerks Entry of Default
Wed 10/14 5:11 PM
MOTION for Clerks Entry of Default as to Noble Partners LLC by Lezer Corp.. |
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| Monday, October 05, 2020 | ||
| 16 | 16
motion
Report and Recommendations
Mon 10/05 5:49 PM
REPORT AND RECOMMENDATION re11 MOTION/APPLICATION for Writ on Prejudgment Writ of Attachment on Defendants' Assets and/or Bank Accounts Traceable to the Deposit MOTION for Preliminary Injunction filed by Lezer Corp. Recommending that Plaintiff's Motion be DENIED. Objections to R&R due by 10/19/2020. Signed by Magistrate Judge Edwin G. Torres on 10/5/2020. See attached document for full details. (js02) |
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| Thursday, October 01, 2020 | ||
| 15 | 15
service
Summons (Affidavit) Returned Executed
Thu 10/01 3:50 PM
SUMMONS (Affidavit) Returned Executed on8 Amended Complaint/Amended Notice of Removal, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Lezer Corp.. Sean Grady served on 9/19/2020, answer due 10/13/2020. |
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| 14 | 14
service
Summons (Affidavit) Returned Executed
Thu 10/01 3:50 PM
SUMMONS (Affidavit) Returned Executed on8 Amended Complaint/Amended Notice of Removal, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Lezer Corp.. Noble Partners LLC served on 9/19/2020, answer due 10/13/2020. |
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| Friday, September 04, 2020 | ||
| 13 | 13
1
pgs
order
Order Referring Motion
Fri 09/04 2:09 PM
ORDER REFERRING11 MOTION/APPLICATION for Writ on Prejudgment Writ of Attachment on Defendants' Assets and/or Bank Accounts Traceable to the Deposit MOTION for Preliminary Injunction filed by Lezer Corp.. Motions referred to Judge Edwin G. Torres. Signed by Judge Robert N. Scola, Jr on 9/4/2020. See attached document for full details. (yha) |
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| 12 | 12
order
Order on Motion to Appear Pro Hac Vice
Fri 09/04 12:05 PM
PAPERLESS ORDER: The Court grants10 counsel's motion to appear pro hac vice. Noah Siegel of the law firm of Gutnicki LLP, is given permission to appear and participate in this matter on behalf of Plaintiff Lezer Corp. The Clerk is directed to provide this attorney with notification of all electronic filings via the email address set forth in the motion. Signed by Judge Robert N. Scola, Jr. (kbe) |
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| Thursday, September 03, 2020 | ||
| 11 | 11
motion
Writ (of Garnishment/Execution/Other) Preliminary Injunction
Thu 09/03 6:09 PM
MOTION/APPLICATION for Writ on Prejudgment Writ of Attachment on Defendants' Assets and/or Bank Accounts Traceable to the Deposit , MOTION for Preliminary Injunction by Lezer Corp.. |
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| 10 | 10
motion
Appear Pro Hac Vice - aty
Thu 09/03 6:03 PM
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Noah Siegel. Filing Fee $ 200.00 Receipt # AFLSDC-13464632 by Lezer Corp.. Responses due by 9/17/2020 |
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Att: 1
Text of Proposed Order
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| Monday, August 24, 2020 | ||
| 9 | 9
order
- Order (PAPERLESS or pdf attached)
Mon 08/24 1:38 PM
ORDER SETTING DISCOVERY PROCEDRUES. Signed by Magistrate Judge Edwin G. Torres on 8/24/2020. See attached document for full details. (mdc) |
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| Thursday, August 13, 2020 | ||
| 8 | 8
cmp
Amended Complaint
Thu 08/13 11:39 AM
AMENDED COMPLAINT against All Defendants filed in response to Order Granting Motion for Leave, filed by Lezer Corp.. |
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Att: 1
Exhibit "A" - Demand Letter,
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Att: 2
Exhibit "B" - Indictment,
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Att: 3
Exhibit "C" - Civil Theft Letter
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| Tuesday, August 11, 2020 | ||
| 7 | 7
order
- Order (PAPERLESS or pdf attached) ~Util - Set/Reset Deadlines/Hearings
Wed 08/12 7:57 AM
ORDER REQUIRING AMENDED COPLAINT. ( Amended Complaint due by 8/19/2020.) Signed by Judge Robert N. Scola, Jr on 8/11/2020. See attached document for full details. (lk) |
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| 6 | 6
4
pgs
order
Order Referring Case to Magistrate Judge
Wed 08/12 7:54 AM
ORDER REQUIRING DISCOVERY and REFERRING CASE to Magistrate Judge Edwin G. Torres for Discovery Matters. Signed by Judge Robert N. Scola, Jr on 8/11/2020. See attached document for full details. (lk) |
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| Friday, August 07, 2020 | ||
| 5 | 5
service
Summons Issued
Fri 08/07 12:25 PM
Summons Issued as to Sean Grady, Noble Partners LLC. (pes) |
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| Thursday, August 06, 2020 | ||
| 4 | 4
notice
Notice of Filing Proposed Summons(es)
Thu 08/06 2:12 PM
NOTICE of Filing Proposed Summons(es) for Noble Partners LLC by Lezer Corp. re1 Complaint, filed by Lezer Corp. |
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| 3 | 3
notice
Notice of Filing Proposed Summons(es)
Thu 08/06 2:10 PM
NOTICE of Filing Proposed Summons(es) for Sean Grady by Lezer Corp. re1 Complaint, filed by Lezer Corp. |
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| Tuesday, August 04, 2020 | ||
| 2 | 2
order
Judge Assignment
Tue 08/04 4:45 PM
Judge Assignment to Judge Robert N. Scola, Jr (yha) |
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| 1 | 1
15
pgs
cmp
Complaint
Tue 08/04 2:43 PM
COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number AFLSDC-13293726, filed by Lezer Corp.. |
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Att: 1
Exhibit "A" - Demand Letter,
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Att: 2
Exhibit "B" - Indictment,
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Att: 3
Exhibit "C" - Civil Theft Letter,
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Att: 4
Civil Cover Sheet
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