Abdulaziz v. McKinsey & Company, Inc. et al
| New York Southern District Court | |
| Judge: | Lorna G Schofield |
| Case #: | 1:21-cv-01219 |
| Nature of Suit | 360 Torts - Personal Injury - Other Personal Injury |
| Cause | 28:1332 Diversity Action |
| Case Filed: | Feb 11, 2021 |
| Terminated: | Oct 28, 2021 |
| Case in other court: | New York County Supreme Court, n/a |
| Last checked: Tuesday Aug 10, 2021 5:36 AM EDT |
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Defendant
Does 1-100
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Defendant
McKinsey & Company , Inc. International
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Represented By
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Defendant
McKinsey & Company Inc. United States
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Represented By
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Defendant
McKinsey & Company, Inc.
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Represented By
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Defendant
XYZ Corps., 1-100
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Plaintiff
Omar Abdulaziz
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Represented By
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| Docket last updated: 3 hours ago |
| Wednesday, July 27, 2022 | ||
| 34 | 34
appeal
USCA Mandate
Wed 07/27 9:19 AM
MANDATE of USCA (Certified Copy) as to33 Notice of Appeal, filed by Omar Abdulaziz USCA Case Number 21-2921 UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the orders of the district court are AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 7/27/2022. (tp) |
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appeal
Transmission of USCA Mandate/Order to District Judge
Wed 07/27 9:19 AM
Transmission of USCA Mandate/Order to the District Judge re:34 USCA Mandate. (tp) |
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| Monday, November 29, 2021 | ||
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appeal
Transmission of Notice of Appeal and Docket Sheet to USCA
Mon 11/29 9:34 AM
Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re:33 Notice of Appeal,..(nd) |
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appeal
Appeal Record Sent to USCA - Electronic File
Mon 11/29 9:34 AM
Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for33 Notice of Appeal, filed by Omar Abdulaziz were transmitted to the U.S. Court of Appeals..(nd) |
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| Friday, November 26, 2021 | ||
| 33 | 33
appeal
Notice of Appeal
Fri 11/26 12:58 PM
NOTICE OF APPEAL from32 Order on Motion for Leave to File Document,,,,,,,,,,. Document filed by Omar Abdulaziz. Filing fee $ 505.00, receipt number ANYSDC-25386430. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Olsen, John) |
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| Thursday, October 28, 2021 | ||
| 32 | 32
3
pgs
order
Order on Motion for Leave to File Document
Thu 10/28 5:33 PM
ORDER denying30 Motion for Leave to File Document. It is herebyORDERED that Plaintiffs motion to file an amended complaint is DENIED, as Plaintiffs proposed amendments do not cure the deficiencies in the Dismissal Order. The PFAC alleges that Defendants owed Plaintiff a duty based on an alleged internal policy, stemming from a public statement in which a McKinsey spokesperson stated that McKinsey has not and never would engage in any work that seeks to target individuals based on their views. Such a statement does not give rise to a reasonable inference that Defendants maintained a policy to protect and warn individuals identified in the course of their work, that such a policy existed at the time of the alleged breach, and that such a policy was intended to apply to third parties, such as Plaintiff. Even if the PFAC sufficiently alleged the existence of such a policy, it would not be sufficient grounds for establishing a duty under New York law. In Pink v. Rome Youth Hockey Assn Inc., 63 N.E.3d 1148, 1151 (N.Y. 2016), the New York Court of Appeals instructed thatthe violation of an organizations internal rules is not negligence in and of itself, and wherean internal policy exceeds the standard of ordinary care, it cannot serve as a basis for liability (internal quotation marks and citation omitted); see also Oddo v. Queens Vill. Comm. For Mental Health for Jamaica Cmty. Adolescent Program, Inc., 71 N.E.3d 946, 950 (N.Y. 2017) (declining to find defendant was negligent for failing to follow an internal policy); Safa v. Bay Ridge Auto, 924 N.Y.S.3d 535, 537 (2d Dept 2011) (There is no basis for the proposition that a party may be liable for failing to follow a policy which it has adopted voluntarily, and without legal obligation, especially when there is no showing of detrimental reliance by the plaintiff on the defendant following that policy) (internal quotation marks omitted). Here, a policy requiring Defendant to identify and warn any person who might be negatively affected in the course of conducting research, performing investigations, or otherwise providing information to a client would exceed the standard of ordinary care. As the Dismissal Order explained, New York courts typically resist such broad expansions of the duty of care. The PFAC also fails to allege any new facts indicating that Defendant had the authority and ability to control KSA or MBS in their conduct toward Plaintiff. Oddo, 71 N.E.3d at 950. The Clerk of Court is respectfully directed close all outstanding motions, cancel the pre- motion conference scheduled for November 4, 2021 at 11:00 a.m., and terminate the case. (Signed by Judge Lorna G. Schofield on 10/28/2021) (tg) |
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| Wednesday, October 20, 2021 | ||
| 31 | 31
respm
Response in Opposition to Motion
Wed 10/20 1:55 PM
LETTER RESPONSE in Opposition to Motion addressed to Judge Lorna G. Schofield from Mark David McPherson dated October 20, 2021 re:30 LETTER MOTION for Leave to File first amended complaint addressed to Judge Lorna G. Schofield from John Olsen dated 10/13/2021. . Document filed by McKinsey & Company, Inc. International, McKinsey & Company Inc. United States, McKinsey & Company, Inc...(McPherson, Mark) |
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| Wednesday, October 13, 2021 | ||
| 30 | 30
motion
Leave to File Document
Wed 10/13 7:39 PM
LETTER MOTION for Leave to File first amended complaint addressed to Judge Lorna G. Schofield from John Olsen dated 10/13/2021. Document filed by Omar Abdulaziz..(Olsen, John) |
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Att: 1
Exhibit proposed first amended complaint marked to show changes
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| Thursday, October 07, 2021 | ||
| 29 | 29
1
pgs
order
Order on Motion for Extension of Time
Thu 10/07 4:18 PM
ORDER denying without prejudice28 Letter Motion for Extension of Time. The application is DENIED without prejudice to renewal because Plaintiff has not provided any reason as to why he cannot meet the current deadline. (Signed by Judge Lorna G. Schofield on 10/7/2021) (rro) |
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| Wednesday, September 22, 2021 | ||
| 27 | 27
14
pgs
order
Memorandum & Opinion
Wed 09/22 3:42 PM
OPINION AND ORDER re:10 MOTION to Dismiss . filed by McKinsey & Company, Inc., McKinsey & Company Inc. United States, McKinsey & Company, Inc. International. For the foregoing reasons, McKinsey's motion to dismiss is granted without prejudice to renewal as stated in this Opinion and Order. The Clerk of Court is respectfully directed to close the motion at docket number 10. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 9/22/2021) (cf) |
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| Friday, July 16, 2021 | ||
| 26 | 26
order
Memo Endorsement
Fri 07/16 4:00 PM
MEMO ENDORSEMENT on re:24 Letter, filed by McKinsey & Company, Inc., McKinsey & Company Inc. United States, McKinsey & Company, Inc. International. ENDORSEMENT: The application is GRANTED. The discovery deadlines set forth in the April 30, 2021, Case Management and Scheduling Order (Dkt. No. 19) are stayed pending resolution of Defendants' motion to dismiss. (Signed by Judge Lorna G. Schofield on 7/16/2021) (cf) |
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| 25 | 25
misc
Letter
Fri 07/16 11:45 AM
LETTER addressed to Judge Lorna G. Schofield from Mark David McPherson dated July 15, 2021 re: Supplemental Authority supporting motion to dismiss. Document filed by McKinsey & Company, Inc. International, McKinsey & Company Inc. United States, McKinsey & Company, Inc...(McPherson, Mark) |
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Att: 1
Exhibit A
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| Thursday, July 15, 2021 | ||
| 24 | 24
misc
Letter
Thu 07/15 10:48 AM
JOINT LETTER addressed to Judge Lorna G. Schofield from Mark David McPherson dated 7/15/2021 re: Joint Request for Stay of Discovery. Document filed by McKinsey & Company, Inc. International, McKinsey & Company Inc. United States, McKinsey & Company, Inc...(McPherson, Mark) |
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| Tuesday, July 06, 2021 | ||
| 23 | 23
misc
Letter
Tue 07/06 12:03 PM
JOINT LETTER addressed to Judge Lorna G. Schofield from Mark David McPherson dated 7/6/2021 re: Case Status. Document filed by McKinsey & Company, Inc. International, McKinsey & Company Inc. United States, McKinsey & Company, Inc...(McPherson, Mark) |
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| Thursday, June 17, 2021 | ||
| 22 | 22
misc
Letter
Thu 06/17 11:51 AM
LETTER addressed to Judge Lorna G. Schofield from John Olsen dated June 17, 2021 re: Response to M. McPherson letter of June 11, 2021. Document filed by Omar Abdulaziz..(Olsen, John) |
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| Friday, June 11, 2021 | ||
| 21 | 21
misc
Letter
Fri 06/11 10:56 AM
LETTER addressed to Judge Lorna G. Schofield from Mark David McPherson dated June 11, 20221 re: Supplemental Authority Relating to McKinsey's Motion to Dismiss. Document filed by McKinsey & Company, Inc. International, McKinsey & Company Inc. United States, McKinsey & Company, Inc...(McPherson, Mark) |
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| Friday, May 07, 2021 | ||
| 20 | 20
respm
Reply Memorandum of Law in Support of Motion
Fri 05/07 7:04 PM
REPLY MEMORANDUM OF LAW in Support re:10 MOTION to Dismiss . . Document filed by McKinsey & Company, Inc. International, McKinsey & Company Inc. United States, McKinsey & Company, Inc...(McPherson, Mark) |
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| Friday, April 30, 2021 | ||
| 19 | 19
order
Scheduling Order
Fri 04/30 5:59 PM
CIVIL CASE MANAGEMENT AND SCHEDULING ORDER: The parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. Joinder of Parties due by 6/4/2021. Amended Pleadings due by 6/7/2021. Fact Discovery due by 9/3/2021. Deposition due by 8/15/2021. Expert Discovery due by 10/18/2021. This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is one week. Pre-Motion Conference set for 11/4/2021 at 11:00 AM before Judge Lorna G. Schofield. The Clerk of Court is directed to enter the dates under paragraphs 5, 6, 8(a), 9(b)-(c) and 13(a)-(c) into the Court's calendar. SO ORDERED. (Signed by Judge Lorna G. Schofield on 4/30/2021) (va) |
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| 18 | 18
1
pgs
order
Order
Fri 04/30 5:50 PM
ORDER: It is hereby ORDERED that the initial pretrial conference is cancelled. If the parties believe that a conference would nevertheless be useful, they should inform the Court immediately so the conference can be reinstated. The case management plan and scheduling order will issue in a separate order. The parties' attention is particularly directed to the provisions for periodic status letters, and the need for a pre-motion letter to avoid cancellation of the final conference and setting of a trial date. It is further ORDERED, regarding settlement discussions, if and when the parties are ready to proceed with a settlement conference with the assigned Magistrate Judge or mediation in the Court's mediation program, they shall file a joint letter on ECF requesting a referral The parties should be aware that the Court does not extend the deadlines for fact and expert discovery absent compelling circumstances. (Signed by Judge Lorna G. Schofield on 4/30/2021) (va) |
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| Thursday, April 29, 2021 | ||
| 17 | 17
misc
Letter
Thu 04/29 6:15 PM
JOINT LETTER addressed to Judge Lorna G. Schofield from Mark David McPherson dated April 29, 2021 re: Pursuant to March 11, 2021 Order. Document filed by McKinsey & Company, Inc. International, McKinsey & Company Inc. United States, McKinsey & Company, Inc...(McPherson, Mark) |
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Att: 1
Proposed Civil Case Management Plan and Scheduling Order
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| Friday, April 23, 2021 | ||
| 16 | 16
25
pgs
respm
Memorandum of Law in Opposition to Motion
Fri 04/23 4:52 PM
MEMORANDUM OF LAW in Opposition re:10 MOTION to Dismiss . . Document filed by Omar Abdulaziz..(Olsen, John) |
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Att: 1
Affidavit Declaration of John F. Olsen
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| Friday, April 16, 2021 | ||
| 15 | 15
order
Memo Endorsement ~Util - Set Hearings
Fri 04/16 1:01 PM
MEMO ENDORSEMENT on re:14 Letter, filed by McKinsey & Company, Inc., McKinsey & Company Inc. United States, McKinsey & Company, Inc. International. ENDORSEMENT: The application is GRANTED in part. The initial pre-trial conference scheduled for April 22, 2021, is adjourned to May 6, 2021, on the following conference call line: 888-363-4749, access code 558-3333. The parties are reminded that their pre-conference materials are due seven days prior. The parties are advised that the Court does not stay initial conferences due to pending motions to dismiss. (Signed by Judge Lorna G. Schofield on 4/16/2021) (cf) |
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| Monday, April 12, 2021 | ||
| 14 | 14
misc
Letter
Mon 04/12 6:23 PM
JOINT LETTER addressed to Judge Lorna G. Schofield from Mark David McPherson dated 4/12/2021 re: Joint Request to Adjourn Initial Conference. Document filed by McKinsey & Company, Inc. International, McKinsey & Company Inc. United States, McKinsey & Company, Inc...(McPherson, Mark) |
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| 13 | 13
misc
Letter
Mon 04/12 5:20 PM
LETTER addressed to Judge Lorna G. Schofield from Mark David McPherson dated 4/12/2021 re: Individual Rule IV(A)(3) Description of Basis of Diversity Jurisdiction. Document filed by McKinsey & Company, Inc. International, McKinsey & Company Inc. United States, McKinsey & Company, Inc...(McPherson, Mark) |
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| Friday, April 02, 2021 | ||
| 12 | 12
notice
Notice (Other)
Fri 04/02 4:41 PM
NOTICE of Request for Judicial Notice in Support of Motion to Dismiss re:10 MOTION to Dismiss .. Document filed by McKinsey & Company, Inc. International, McKinsey & Company Inc. United States, McKinsey & Company, Inc...(McPherson, Mark) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D,
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Att: 5
Exhibit E
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| 11 | 11
30+
pgs
respm
Memorandum of Law in Support of Motion
Fri 04/02 4:38 PM
MEMORANDUM OF LAW in Support re:10 MOTION to Dismiss . . Document filed by McKinsey & Company, Inc. International, McKinsey & Company Inc. United States, McKinsey & Company, Inc...(McPherson, Mark) |
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| 10 | 10
motion
Dismiss
Fri 04/02 4:37 PM
MOTION to Dismiss . Document filed by McKinsey & Company, Inc. International, McKinsey & Company Inc. United States, McKinsey & Company, Inc.. Responses due by 4/23/2021.(McPherson, Mark) |
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| Wednesday, March 17, 2021 | ||
| 9 | 9
3
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order
Order on Motion for Conference
Wed 03/17 11:06 AM
ORDER terminating8 Letter Motion for Conference re:8 LETTER MOTION for Conference regarding Motion to Dismiss addressed to Judge Lorna G. Schofield from Mark David McPherson dated March 12, 2021. By April 2, 2021, Defendants shall file their motion to dismiss. By April 23, 2021, Plaintiff shall file his opposition. By May 7, 2021, Defendants shall file their reply. All filings shall be per the Individual Rules. SO ORDERED. (Signed by Judge Lorna G. Schofield on 3/16/2021) (jca) |
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utility
Set/Reset Deadlines
Wed 03/17 11:07 AM
Set/Reset Deadlines: Motions due by 4/2/2021. Responses due by 4/23/2021, Replies due by 5/7/2021. (jca) |
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| Friday, March 12, 2021 | ||
| 8 | 8
motion
Conference
Fri 03/12 5:01 PM
LETTER MOTION for Conference regarding Motion to Dismiss addressed to Judge Lorna G. Schofield from Mark David McPherson dated March 12, 2021. Document filed by McKinsey & Company, Inc. International, McKinsey & Company Inc. United States, McKinsey & Company, Inc...(McPherson, Mark) |
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| Thursday, March 11, 2021 | ||
| 7 | 7
3
pgs
order
Order for Initial Pretrial Conference
Thu 03/11 1:00 PM
ORDER: The conference will be telephonic. The time of the conference is approximate, but the parties shall be ready to proceed by that time. (And as further set forth herein.) Initial Conference set for 4/22/2021 at 11:00 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 3/11/2021) (jca) |
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| Thursday, February 25, 2021 | ||
| 6 | 6
misc
Jury Demand
Thu 02/25 3:37 PM
DEMAND for Trial by Jury. Document filed by Omar Abdulaziz.(Olsen, John) |
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| 5 | 5
notice
Notice of Appearance
Thu 02/25 3:36 PM
NOTICE OF APPEARANCE by John F. Olsen on behalf of Omar Abdulaziz..(Olsen, John) |
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| Friday, February 12, 2021 | ||
| 4 | 4
misc
Civil Cover Sheet
Fri 02/12 10:19 AM
CIVIL COVER SHEET filed..(McPherson, Mark) |
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misc
Notice to Attorney Regarding Deficient Civil Cover Sheet
Fri 02/12 10:05 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Mark David McPherson to RE-FILE Document No. 1 Notice of Removal,. The filing is deficient for the following reason(s): the event wrong event type was used to file the civil cover sheet;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF.. (pc) |
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notice
Case Opening Initial Assignment Notice
Fri 02/12 10:08 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:https://nysd.uscourts.gov/judges/district-judges] . 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:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(pc) |
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utility
Case Designation
Fri 02/12 10:08 AM
Magistrate Judge Kevin Nathaniel Fox 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:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (pc) |
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utility
Case Designated ECF
Fri 02/12 10:09 AM
Case Designated ECF. (pc) |
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| Thursday, February 11, 2021 | ||
| 3 | 3
service
Certificate of Service Other
Thu 02/11 7:30 PM
CERTIFICATE OF SERVICE of Notice of Removal, Corporate Disclosures and Civil Cover Sheet served on Omar Abdulaziz on 02/11/21. Service was made by Mail. Document filed by McKinsey & Company, Inc. International, McKinsey & Company Inc. United States, McKinsey & Company, Inc...(McPherson, Mark) |
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| 2 | 2
notice
Notice of Appearance
Thu 02/11 7:16 PM
NOTICE OF APPEARANCE by Mark David McPherson on behalf of McKinsey & Company, Inc. International, McKinsey & Company Inc. United States, McKinsey & Company, Inc...(McPherson, Mark) |
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| 1 | 1
notice
Notice of Removal
Thu 02/11 8:36 AM
NOTICE OF REMOVAL from Suporeme Court, County of New York. Case Number: NOT INDICATED. (Filing Fee $ 402.00, Receipt Number ANYSDC-23895735).Document filed by McKinsey & Company, Inc. International, McKinsey & Company Inc. United States, McKinsey & Company, Inc...(McPherson, Mark) |
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Att: 1
33 pgs
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Civil Cover Sheet,
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Att: 4
Certificate of Interested Parties and Corporate Disclosure Statement
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