Amazon.com, Inc. v. Attorney General Letitia James
New York Eastern District Court | |
Judge: | Brian M Cogan |
Referred: | Robert M Levy |
Case #: | 1:21-cv-00767 |
Nature of Suit | 890 Other Statutes - Other Statutory Actions |
Cause | 29:651 Occupational Safety/Health |
Case Filed: | Feb 12, 2021 |
Terminated: | Aug 12, 2021 |
Last checked: Wednesday Aug 11, 2021 4:30 AM EDT |
Defendant
Attorney General Letitia James
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Represented By
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Plaintiff
Amazon.com, Inc.
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Represented By
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Docket last updated: 8 hours ago |
Wednesday, October 19, 2022 | ||
49 | 49
![]() MANDATE of USCA as to45 Notice of Appeal filed by Amazon.com, Inc. The parties have filed a stipulation to voluntarily dismiss the appeal pursuant to Federal Rule of Appellate Procedure 42(b). The stipulation is hereby SO ORDERED. Issued as Mandate: 10/19/2022.USCA# 21- 2007. (VJ) |
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Tuesday, September 27, 2022 | ||
48 | 48
![]() NOTICE by Attorney General Letitia James of Withdrawal from Case and Electronic Notifications (Lancia, Nicole) |
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Monday, September 26, 2022 | ||
47 | 47
![]() ORDER of USCA as to45 Notice of Appeal filed by Amazon.com, Inc. No party objects to holding this appeal in abeyance for a further forty-five days. Therefore, IT IS HEREBY ORDERED that this appeal is held in abeyance until November 10, 2022. At that time, the parties will each submit letters not to exceed five pages on how the appeal should proceed. Certified Copy Issued: 9/26/2022. USCA# 21-2007 (Jones, Vasean) |
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Thursday, June 09, 2022 | ||
46 | 46
![]() ORDER of USCA as to45 Notice of Appeal filed by Amazon.com, Inc. IT IS HEREBY ORDERED that the appeal is held in abeyance pending the disposition of the Attorney Generals motions for reargument and for leave to appeal to the Court of Appeals. The parties are directed to notify the court of the dispositions of those motions by letter not to exceed three pages. Certified Copy Issued: 6/9/2022. USCA# 21-2007 (Jones, Vasean) |
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Tuesday, August 17, 2021 | ||
45 | 45
![]() NOTICE OF APPEAL as to Order on Motion to Dismiss, Order on Motion for Summary Judgment,43 Order on Motion to Dismiss,,44 Clerk's Judgment, by Amazon.com, Inc.. Filing fee $ 505, receipt number ANYEDC-14760060. (Schwartz, Jason) |
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appeal
Electronic Index to Record on Appeal
Tue 08/17 4:18 PM
Electronic Index to Record on Appeal sent to US Court of Appeals.45 Notice of Appeal Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (Jones, Vasean) |
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Thursday, August 12, 2021 | ||
44 | 44
![]() CLERK'S JUDGMENT dated 8/11/21 that the Attorney General's motion to dismiss is granted; and that there is no need to resolve Amazon's motion for summary judgment [Dkt No. 33] in light of the Court's abstention. ( Ordered by Jalitza Poveda, Deputy Clerk on behalf of Douglas C. Palmer, Clerk of Court on 8/11/2021 ) (Guzzi, Roseann) |
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Wednesday, August 11, 2021 | ||
order
Order on Motion to Dismiss Order on Motion for Summary Judgment
Wed 08/11 6:13 PM
ORDER granting29 Motion to Dismiss and denying33 Motion for Summary Judgment as per43 Memorandum Decision and Order entered on 8/11/2021. Ordered by Judge Brian M. Cogan on 8/11/2021. (Weisberg, Peggy) |
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Tuesday, August 10, 2021 | ||
43 | 43
![]() MEMORANDUM DECISION AND ORDER ORDER dated 8/10/21 that In light of the above analysis, although the Court does have subject matter jurisdiction, it will abstain from exercising that jurisdiction under Younger. The Court therefore grants the Attorney General's motion to dismiss31 . There is no need to resolve Amazon's motion for summary judgment33 in light of the Court's abstention. ( Ordered by Judge Brian M. Cogan on 8/10/2021 ) *Forwarded for judgment (Guzzi, Roseann) |
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Friday, July 30, 2021 | ||
42 | 42
![]() Letter to Judge Brian M. Cogan pursuant to the Court's June 1, 2021 Order respectfully submitting this sur-reply in opposition to the OAG's motion to dismiss. by Amazon.com, Inc. (Schwartz, Jason) |
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Tuesday, July 27, 2021 | ||
41 | 41
![]() Letter re Judge Rakoff's Opinion on Cross-Motions to Remand and Transfer by Attorney General Letitia James (Kaye, Fiona) |
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Friday, July 23, 2021 | ||
40 | 40
![]() AFFIDAVIT/DECLARATION in Support re33 MOTION for Summary Judgment filed by Amazon.com, Inc.. (Schwartz, Jason) |
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39 | 39
![]() REPLY in Support re33 MOTION for Summary Judgment filed by Amazon.com, Inc.. (Schwartz, Jason) |
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38 | 38
![]() REPLY in Support re31 MOTION to Dismiss Amended Complaint or, in the alternative, Stay Proceedings filed by Attorney General Letitia James. (Kaye, Fiona) |
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Tuesday, July 20, 2021 | ||
37 | 37
![]() Letter MOTION for Leave to File Excess Pages by Attorney General Letitia James. (Kaye, Fiona) |
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order
Order on Motion for Leave to File Excess Pages
Tue 07/20 8:25 PM
ORDER granting37 Motion for Leave to File Excess Pages. Defendant's reply in support of its motion to dismiss may be filed in excess of 10-page limit, up to 15 pages. Ordered by Judge Brian M. Cogan on 7/20/2021. (Weisberg, Peggy) |
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Friday, July 09, 2021 | ||
36 | 36
![]() MEMORANDUM in Opposition re33 MOTION for Summary Judgment filed by Attorney General Letitia James. (Kaye, Fiona) |
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35 | 35
![]() AFFIDAVIT/DECLARATION in Opposition re31 MOTION to Dismiss Amended Complaint or, in the alternative, Stay Proceedings - Declaration of Jason C. Schwartz in Support of Plaintiff's Opposition to Defendant's Motion to Dismiss Amended Complaint or, in the alternative, Stay Proceedings filed by Amazon.com, Inc.. (Schwartz, Jason) |
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34 | 34
![]() MEMORANDUM in Opposition re31 MOTION to Dismiss Amended Complaint or, in the alternative, Stay Proceedings filed by Amazon.com, Inc.. (Schwartz, Jason) |
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Friday, June 18, 2021 | ||
33 | 33
![]() MOTION for Summary Judgment by Amazon.com, Inc.. (Schwartz, Jason) |
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32 | 32
![]() MEMORANDUM in Support re31 MOTION to Dismiss Amended Complaint or, in the alternative, Stay Proceedings filed by Attorney General Letitia James. (Kaye, Fiona) |
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31 | 31
![]() MOTION to Dismiss Amended Complaint or, in the alternative, Stay Proceedings by Attorney General Letitia James. (Kaye, Fiona) |
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Tuesday, June 01, 2021 | ||
minutes
Pre Motion Conference Initial Conference Hearing
Tue 06/01 2:40 PM
Minute Entry and Order for Initial Status Conference and Pre-Motion Conference held before Judge Brian M. Cogan on 06/01/2021. Both sides present by telephone. Plaintiff to file motion to dismiss and defendant to cross-move for summary judgment by 06/18/2021; oppositions due by 07/09/2021; replies, if necessary, by 07/23/2021; brief sur-replies may be filed by 07/30/2021. See transcript for details. (Court Reporter: Victoria Butler). (Weisberg, Peggy) |
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Friday, May 28, 2021 | ||
30 | 30
![]() RESPONSE in Opposition re29 Letter MOTION to Dismiss Amended Complaint and to Oppose Plaintiff's Proposed Summary Judgment Motion filed by Amazon.com, Inc.. (Schwartz, Jason) |
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Tuesday, May 25, 2021 | ||
29 | 29
![]() Letter MOTION to Dismiss Amended Complaint and to Oppose Plaintiff's Proposed Summary Judgment Motion by Attorney General Letitia James. (Kaye, Fiona) |
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Monday, May 17, 2021 | ||
28 | 28
![]() Letter MOTION for pre motion conference for summary judgment on injunctive and declaratory claims by Amazon.com, Inc.. (Schwartz, Jason) |
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27 | 27
![]() AMENDED COMPLAINT against Attorney General Letitia James, filed by Amazon.com, Inc.. (Schwartz, Jason) |
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Att: 1
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order
Order on Motion to Dismiss Order on Motion for Pre Motion Conference
Mon 05/17 6:12 PM
ORDER denying25 without prejudice to renewal as against the amended complaint; granting27 . Telephonic premotion conference on plaintiff's proposed summary judgment motion will be held on 6/1/2021 at 10:00 am. Defendant is directed to respond in detail to plaintiff's premotion conference letter by 5/25/2021. The Court will set a schedule on defendant's motion to dismiss the amended complaint (if any) and plaintiff's proposed summary judgment motion at the premotion conference. Parties will use the toll-free number 888-684-8852, access code 6427877# and security code 0767#. Ordered by Judge Brian M. Cogan on 5/17/2021. (Weisberg, Peggy) |
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Monday, May 03, 2021 | ||
26 | 26
![]() MEMORANDUM in Support re25 MOTION to Dismiss or, in the alternative, Stay Proceedings filed by Attorney General Letitia James. (Kaye, Fiona) |
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25 | 25
![]() MOTION to Dismiss or, in the alternative, Stay Proceedings by Attorney General Letitia James. (Kaye, Fiona) |
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Monday, April 19, 2021 | ||
order
Order on Motion for Pre Motion Conference
Mon 04/19 10:09 AM
ORDER denying24 as unnecessary. The premotion conference is waived. Defendant may file her motion by 5/3/2021; plaintiff's opposition due by 5/17/2021; reply due by 5/24/2021. Ordered by Judge Brian M. Cogan on 4/19/2021. (Weisberg, Peggy) |
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Friday, April 16, 2021 | ||
24 | 24
![]() Letter MOTION for pre motion conference for Defendant's Motion to Dismiss, or in the alternative, Stay This Action by Attorney General Letitia James. (Kaye, Fiona) |
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Monday, April 12, 2021 | ||
23 | 23
![]() Letter re Judge Rakoff's Order on Cross-Motions to Remand and Transfer by Attorney General Letitia James (Kaye, Fiona) |
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Monday, March 29, 2021 | ||
order
Order(Other)
Mon 03/29 12:01 PM
ORDER re:22 . In light of the thoroughness of the parties' joint letter, the Court sees no reason to proceed with the Initial Status Conference at this time. The conference will be reset following the anticipated ruling on the pending motions in the S.D.N.Y. Ordered by Judge Brian M. Cogan on 3/29/2021. (Weisberg, Peggy) |
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Friday, March 26, 2021 | ||
22 | 22
![]() Letter - Joint Letter regarding Initial Status Conference by Amazon.com, Inc. (Schwartz, Jason) |
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Tuesday, March 23, 2021 | ||
21 | 21
![]() NOTICE of Appearance by Elizabeth Koo on behalf of All Defendants (aty to be noticed) (Koo, Elizabeth) |
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Tuesday, March 16, 2021 | ||
20 | 20
![]() Letter to Judge Brian M. Cogan from re certificate of good standing by Amazon.com, Inc. (Townsend, Lucas) |
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Thursday, March 11, 2021 | ||
19 | 19
![]() NOTICE of Appearance by Lucas Townsend on behalf of Amazon.com, Inc. (notification declined or already on case) (Townsend, Lucas) |
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order
Order on Motion for Leave to Appear Pro Hac Vice
Thu 03/11 12:21 PM
ORDER granting18 Lucas Townsend's Motion for Leave to Appear Pro Hac Vice as counsel for plaintiff. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . Ordered by Judge Brian M. Cogan on 3/11/2021. (Weisberg, Peggy) |
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Tuesday, March 09, 2021 | ||
18 | 18
![]() MOTION to Appear Pro Hac Vice of LUCAS C. TOWNSEND Filing fee $ 150, receipt number ANYEDC-14262647. by Amazon.com, Inc.. (Townsend, Lucas) |
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Sunday, February 28, 2021 | ||
order
Order on Motion for Extension of Time to Answer
Sun 02/28 8:10 PM
ORDER granting in part17 . Defendant's time to respond to the complaint is extended to seven days following the issuance of an Order in the S.D.N.Y. case on the parties' cross-motions. For now, this Court is going to leave the 3/31/2021 conference as scheduled pending further developments. Ordered by Judge Brian M. Cogan on 2/28/2021. (Weisberg, Peggy) |
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Friday, February 26, 2021 | ||
17 | 17
![]() First MOTION for Extension of Time to File Answer re1 Complaint, by Attorney General Letitia James. (Ulmet, Julie) |
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Monday, February 22, 2021 | ||
16 | 16
![]() NOTICE of Appearance by Fiona Jeanette Kaye on behalf of Attorney General Letitia James (aty to be noticed) (Kaye, Fiona) |
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Friday, February 19, 2021 | ||
15 | 15
![]() Letter Pursuant to Local R. 50.3.1 Opposing Plaintiff's Application of Relatedness by Attorney General Letitia James (Ulmet, Julie) |
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order
Order(Other)
Fri 02/19 6:27 PM
ORDER re:15 . The Court has looked into this matter thoroughly. Although the Court understands the basis of defendant's concern, the fact is that this case was not reassigned because of plaintiff's Notice of Related Case. Judge Ross recused herself from the case, it went back into the wheel, and the undersigned was randomly selected from among all active and senior judges. Ordered by Judge Brian M. Cogan on 2/19/2021. (Weisberg, Peggy) |
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Thursday, February 18, 2021 | ||
14 | 14
![]() NOTICE of Appearance by Jason Schwartz on behalf of Amazon.com, Inc. (notification declined or already on case) (Schwartz, Jason) |
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order
Order on Motion for Leave to Appear Pro Hac Vice
Thu 02/18 5:51 PM
ORDER granting13 Jason Schwartz's Motion for Leave to Appear Pro Hac Vice as counsel for plaintiff. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . Ordered by Judge Brian M. Cogan on 2/18/2021. (Weisberg, Peggy) |
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Wednesday, February 17, 2021 | ||
13 | 13
![]() MOTION to Appear Pro Hac Vice by Jason C. Schwartz Filing fee $ 150, receipt number ANYEDC-14160946. by Amazon.com, Inc.. (Schwartz, Jason) |
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12 | 12
![]() NOTICE of Appearance by Karen Cacace on behalf of Attorney General Letitia James (aty to be noticed) (Cacace, Karen) |
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Tuesday, February 16, 2021 | ||
11 | 11
![]() SUMMONS Returned Executed by Amazon.com, Inc.. Attorney General Letitia James served on 2/12/2021, answer due 3/5/2021. (Ahmad, Zainab) |
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10 | 10
![]() SCHEDULING ORDER: A telephonic Initial Status Conference is set for 3/31/2021 at 1:00 pm. Parties will use the toll-free number 888-684-8852, access code 6427877# and security code 0767#. The parties are directed to comply with the attached mandatory requirements. Ordered by Judge Brian M. Cogan on 2/16/2021. (Weisberg, Peggy) |
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9 | 9
![]() NOTICE of Appearance by Seth Kupferberg on behalf of Attorney General Letitia James (aty to be noticed) (Kupferberg, Seth) |
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8 | 8
![]() NOTICE of Appearance by Jeremy Michael Pfetsch on behalf of Attorney General Letitia James (aty to be noticed) (Pfetsch, Jeremy) |
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7 | 7
![]() NOTICE of Appearance by Roya Aghanori on behalf of Attorney General Letitia James (aty to be noticed) (Aghanori, Roya) |
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utility
Case No Longer Referred
Tue 02/16 9:14 AM
Case no longer referred to Magistrate Judge Robert M. Levy. (Bowens, Priscilla) |
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order
Order Reassigning Case
Tue 02/16 9:15 AM
ORDER REASSIGNING CASE. Case reassigned to Judge Brian M. Cogan for all further proceedings. Judge Allyne R. Ross no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Ordered by Chief Judge Margo K. Brodie on 2/16/2021. (Bowens, Priscilla) |
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Monday, February 15, 2021 | ||
6 | 6
![]() NOTICE of Appearance by Julie Rivchin Ulmet on behalf of Attorney General Letitia James (aty to be noticed) (Ulmet, Julie) |
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Friday, February 12, 2021 | ||
5 | 5
![]() Summons Issued as to Attorney General Letitia James. (Davis, Kimberly) |
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4 | 4
![]() This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
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3 | 3
![]() In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:[LINK:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf] . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) |
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2 | 2
![]() NOTICE of Appearance by Mylan Lee Denerstein on behalf of Amazon.com, Inc. (aty to be noticed) (Denerstein, Mylan) |
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1 | 1
![]() COMPLAINT against Attorney General Letitia James filing fee $ 402, receipt number ANYEDC-14135552 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Amazon.com, Inc.. (Ahmad, Zainab) |
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utility
Case Assigned/Reassigned
Fri 02/12 2:07 PM
Case Assigned to Judge Allyne R. Ross and Chief Magistrate Cheryl L. Pollak. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly) |
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notice
Notice of Related Case Assignment/Designation
Fri 02/12 2:12 PM
Notice of Related Case: The Civil Cover Sheet filed in this civil action indicates a related case. (Davis, Kimberly) |
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order
Order Reassigning Case
Fri 02/12 3:46 PM
ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Robert M. Levy for all further proceedings. Chief Magistrate Cheryl L. Pollak no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such.Ordered by Chief Judge Margo K. Brodie on 2/12/2021. (Davis, Kimberly) |