Heuser v. City of Glen Cove et al
New York Eastern District Court | |
Judge: | Joan M Azrack |
Referred: | Steven I Locke |
Case #: | 2:21-cv-02018 |
Nature of Suit | 442 Civil Rights - Employment |
Cause | 42:2000 Job Discrimination (Sex) |
Case Filed: | Apr 14, 2021 |
Terminated: | Feb 03, 2025 |
Last checked: Monday Oct 11, 2021 6:32 AM EDT |
Defendant
City of Glen Cove
9 Glen Street
Glen Cove, NY 11542 |
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Defendant
Richard J. McCord
3 Birch Bark Lane
Glen Cove, NY 11542 |
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Plaintiff
Kristina S. Heuser
P.O. Box 672
Locust Valley, NY 11560 |
Docket last updated: 4 hours ago |
Thursday, April 10, 2025 | ||
49 | 49
![]() Mail Returned as Undeliverable. Sent to Kristina S. Heuser P.O. Box 672 Locust Valley, NY 11560 from the Clerks Office containing a copy of Copy of current public docket sheet returned on 3/10/2025. Return to sender/ Vacant / Unable to forward. (AMF) |
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Friday, March 21, 2025 | ||
48 | 48
![]() MAIL RETURNED AS UNDELIVERABLE: Copy of44 Order,45 Judgment and Civil Appeals Packet mailed to pro se plaintiff, Kristina S. Heuser, P.O. Box 672, Locust Valley, NY 11560, RETURNED TO SENDER: Not Deliverable as Addressed - Unable to Forward - Bx Closed 2/11 Bx 672 - VAC. (LC) |
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Friday, March 07, 2025 | ||
appeal
Electronic Index to Record on Appeal
Fri 03/07 11:26 AM
Electronic Index to Record on Appeal sent to US Court of Appeals.46 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. (KS) |
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Wednesday, March 05, 2025 | ||
47 | 47
![]() USCA Appeal Fees received $ 605 receipt number 200004933 re46 Notice of Appeal filed by Kristina S. Heuser. (KS) |
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46 | 46
![]() NOTICE OF APPEAL as to45 Clerk's Judgment,44 Order, by Kristina S. Heuser. (KS) |
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Monday, February 03, 2025 | ||
45 | 45
![]() CLERK'S JUDGMENT: ORDERED AND ADJUDGED that Plaintiff Kristina S. Heuser take nothing of Defendants City of Glen Cove and Richard J. McCord; that Defendants' motions to dismiss are granted; that Plaintiff is denied leave to amend, that Plaintiff's claims are dismissed with prejudice; and that this case is closed. Ordered by Clerk of Court on 2/3/2025. (JT) |
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44 | 44
![]() ORDER: I have undertaken a de novo review of the record, the R&R, Plaintiff's objections, and Defendants' opposition briefs. Plaintiff's objections are overruled. The Court adopts the R&R, grants Defendants' motions to dismiss, denies Plaintiff leave to amend, and dismisses Plaintiff's claims with prejudice. The Clerk of Court is directed to close this case. So Ordered by Judge Joan M. Azrack on 2/3/2025. (LC) (Main Document 44 replaced on 2/3/2025) (LC) |
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Monday, October 30, 2023 | ||
43 | 43
![]() AFFIDAVIT/AFFIRMATION re42 Letter to Court dated 10 27 2023 by Richard J. McCord (Gartner, Kenneth) |
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Friday, October 27, 2023 | ||
42 | 42
![]() Letter to the Court by Richard J. McCord (Gartner, Kenneth) |
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Saturday, September 30, 2023 | ||
order
Order Adopting Report and Recommendations Order on Motion to Dismiss for Failure to State a Claim Order on Report and Recommendations
Sat 09/30 11:01 PM
ORDER. Magistrate Judge Locke issued a Report and Recommendation ("R&R") in which he recommended granting Defendants' motions to dismiss, ECF No.34 . Plaintiff apparently served objections to the R&R on Defendants as Defendants have filed papers on ECF responding to objections from Plaintiff. The Court, however, has no record of receiving Plaintiff's objections. The Court adopts the R&R without prejudice to Plaintiff submitting a copy of her objections to the Court. If Plaintiff submits her objections to the Court by October 16, 2023, the Court will vacate its adoption of the R&R and will consider Plaintiff's objections. If Plaintiff fails to submit objections by October 16, 2023, the Court will dismiss this action with prejudice. Affidavits of service filed by Defendants list three different addresses for Plaintiff, see ECF Nos. 35 , 36 , 37 , 38 , and 39 . The Clerk of Court is directed to mail a copy of this Order to Plaintiff at each of these addresses. Ordered by Judge Joan M. Azrack on 9/30/2023. (RT) |
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Friday, July 28, 2023 | ||
40 | 40
![]() MEMORANDUM in Opposition to Plaintiff's Objections to Report and Recommendation filed by City of Glen Cove. (Dorfman, Leo) |
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Tuesday, July 25, 2023 | ||
39 | 39
![]() REPLY in Opposition to Plaintiff's Objections to Report and Recommendation filed by Richard J. McCord. (Gartner, Kenneth) |
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Monday, July 03, 2023 | ||
38 | 38
![]() AFFIDAVIT/AFFIRMATION re34 REPORT AND RECOMMENDATIONS re27 Notice of MOTION to Dismiss filed by City of Glen Cove,26 Fully Briefed MOTION to Dismiss for Failure to State a Claim on behalf of all Parties filed by Richard J. McCord Affidavit of Service 7/3/23 by Richard J. McCord (Gartner, Kenneth) |
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37 | 37
![]() AFFIDAVIT/AFFIRMATION of Service (corrected) June 30, 2023 of Report and Recommendation of Steven I. Locke, USMJ dated June 30, 2023 by Richard J. McCord (Gartner, Kenneth) |
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Friday, June 30, 2023 | ||
36 | 36
![]() AFFIDAVIT/AFFIRMATION of Service of Report and Recommendation of Steven I. Locke, USMJ dated June 30, 2023 by Richard J. McCord (Gartner, Kenneth) |
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35 | 35
![]() AFFIDAVIT of Service for Report and Recommendation served on Kristina S. Heuser on 06/30/2021, filed by City of Glen Cove. (Dorfman, Leo) |
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34 | 34
![]() REPORT AND RECOMMENDATION re DE27 Notice of MOTION to Dismiss filed by City of Glen Cove, DE26 Fully Briefed MOTION to Dismiss for Failure to State a Claim on behalf of all Parties filed by Richard J. McCord. For the reasons set forth in the attached Report and Recommendation, the Court respectfully recommends that the Defendants' Motions be granted and that all claims be dismissed with prejudice. Further, the Court recommends that Plaintiff be denied leave to amend her Complaint. Defendants are directed to serve a copy of this Report & Recommendation on pro se Plaintiff via first-class mail and promptly file proof of service by ECF. Any objections to this Report and Recommendation must be filed within 14 days. Failure to file objections within the specified time waives the right to appeal the District Court's order. Entered by Magistrate Judge Steven I. Locke on 6/30/2023. (JM) |
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Tuesday, May 02, 2023 | ||
order
Order Referring Motion
Tue 05/02 9:45 AM
ORDER REFERRING MOTIONS: Defendants' Motions to Dismiss, ECF Nos.26 and27 , are respectfully referred to Magistrate Judge Locke for a Report and Recommendation. Ordered by Judge Joan M. Azrack on 5/2/2023. (RT) |
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Thursday, December 29, 2022 | ||
33 | 33
![]() AFFIDAVIT/DECLARATION in Support re27 Notice of MOTION to Dismiss filed by City of Glen Cove. (Dorfman, Leo) |
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32 | 32
![]() AFFIDAVIT/DECLARATION in Support re27 Notice of MOTION to Dismiss AOS of the City of Glen Cove's Reply Memorandum of Law filed by City of Glen Cove. (Smallets, Aaron) |
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Wednesday, December 28, 2022 | ||
31 | 31
![]() REPLY in Support re27 Notice of MOTION to Dismiss filed by City of Glen Cove. (Dorfman, Leo) |
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30 | 30
![]() MEMORANDUM in Opposition re27 Notice of MOTION to Dismiss filed by City of Glen Cove. (Dorfman, Leo) |
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29 | 29
![]() MEMORANDUM in Support re27 Notice of MOTION to Dismiss filed by City of Glen Cove. (Dorfman, Leo) |
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28 | 28
![]() AFFIDAVIT/DECLARATION in Support re27 Notice of MOTION to Dismiss filed by City of Glen Cove. (Dorfman, Leo) |
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27 | 27
![]() Notice of MOTION to Dismiss by City of Glen Cove. (Dorfman, Leo) |
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Tuesday, December 27, 2022 | ||
26 | 26
![]() Fully Briefed MOTION to Dismiss for Failure to State a Claim on behalf of all Parties by Richard J. McCord. (Gartner, Kenneth) |
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Thursday, December 08, 2022 | ||
order
Order on Motion to Amend/Correct/Supplement
Thu 12/08 9:48 AM
ORDER granting24 Motion to Amend/Correct/Supplement briefing schedule. Ordered by Judge Joan M. Azrack on 12/8/2022. (LP) |
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Wednesday, December 07, 2022 | ||
25 | 25
![]() NOTICE of Appearance by Aaron Smallets on behalf of City of Glen Cove (aty to be noticed) (Smallets, Aaron) |
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24 | 24
![]() First MOTION to Amend/Correct/Supplement Scheduling Order of Judge Joan M. Azrack dated 10/28/22 by Richard J. McCord. (Gartner, Kenneth) |
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Tuesday, November 01, 2022 | ||
order
Order on Motion to Compel
Tue 11/01 11:42 AM
ORDER terminating22 Motion to Compel; terminating23 Motion to Compel. The briefing schedule set forth on 10/28/2022 remains in place. Ordered by Judge Joan M. Azrack on 11/1/2022. (LP) |
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Friday, October 28, 2022 | ||
23 | 23
![]() Letter Motion to Hon Joan M. Azrack 10-28-22 by Richard J. McCord (Gartner, Kenneth) Modified on 10/28/2022 to change event type to motion (LC) |
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order
Scheduling Order
Fri 10/28 6:57 AM
SCHEDULING ORDER: re22 Letter filed by City of Glen Cove. The application is granted and the briefing schedule is set forth as follows: Defendant to serve moving papers by November 4, 2022; plaintiff to serve opposition by December 7, 2022; defendant's reply and fully briefed motion to be filed by December 23, 2022. Ordered by Judge Joan M. Azrack on 10/28/2022. (LP) |
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Thursday, October 27, 2022 | ||
22 | 22
![]() Letter seeking modification of briefing schedule on Motion to Dismiss by City of Glen Cove (Dorfman, Leo) |
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Friday, September 30, 2022 | ||
order
Order on Motion for Pre Motion Conference
Fri 09/30 12:16 PM
ORDER denying14 Motion for Pre Motion Conference; denying17 Motion for Pre Motion Conference. The undersigned's pre-motion conference requirement is waived. Moving papers shall be served by 10/28/2022; response should be served by 11/30/2022; reply and the fully briefed motion should be filed by 12/16/2022. Ordered by Judge Joan M. Azrack on 9/30/2022. (Posillico, Lauren) |
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Monday, March 28, 2022 | ||
20 | 20
![]() LETTER dated 3/24/2022 from Kristina S. Heuser to Judge Azrack re In response to the letter written by counsel for the City of Glen Cove ("The City") requesting a pre-motion conference. (Coleman, Laurie) |
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Friday, March 11, 2022 | ||
19 | 19
![]() REPLY in Support re17 Letter MOTION for pre motion conference to the Hon. Joan M. Azrack filed by Richard J. McCord. (Gartner, Kenneth) |
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Att: 1
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Friday, March 04, 2022 | ||
18 | 18
![]() AFFIDAVIT of Service for Letter Motion for Pre-Motion Conference served on Kristina S. Heuser on March 4, 2022, filed by City of Glen Cove. (Kleinberg, Adam) |
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17 | 17
![]() Letter MOTION for pre motion conference by City of Glen Cove. (Dorfman, Leo) |
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Monday, February 28, 2022 | ||
16 | 16
![]() Response by Kristina S. Heuser in Opposition to14 Motion for pre motion conference.. (Coleman, Laurie) |
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Monday, February 14, 2022 | ||
15 | 15
![]() AFFIDAVIT/AFFIRMATION of service upon Pro Se Plaintiff of Letter to Hon. Joan Azrack filed 2-11-22 by Richard J. McCord (Gartner, Kenneth) |
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Friday, February 11, 2022 | ||
14 | 14
![]() Letter to Hon. Joan M. Azrack by Richard J. McCord (Gartner, Kenneth) |
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Tuesday, February 08, 2022 | ||
order
Order on Motion for Extension of Time to Answer
Tue 02/08 9:48 AM
Electronic ORDER granting DE12 Motion for Extension of Time to Answer. On consent, the deadline for Defendant Richard McCord to answer or otherwise respond to the Complaint is extended to and including 3/10/2022. Ordered by Magistrate Judge Steven I. Locke on 2/8/2022. (Pincsak, Lydia) |
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Monday, February 07, 2022 | ||
13 | 13
![]() SUMMONS Returned Executed by Kristina S. Heuser. City of Glen Cove served on 1/14/2022, answer due 2/4/2022; Richard J. McCord served on 1/18/2022, answer due 2/8/2022. (Coleman, Laurie) |
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12 | 12
![]() Letter MOTION for Extension of Time to File Answer re1 Complaint, First Request for Extension to 03/10/2022 by Richard J. McCord. (Gartner, Kenneth) |
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Sunday, February 06, 2022 | ||
order
Order on Motion for Extension of Time to Answer
Sun 02/06 10:49 AM
Electronic ORDER granting DE11 Motion for Extension of Time to Answer. On consent, the deadline for Defendant City of Glen Clove to answer or otherwise respond to the Complaint is extended to and including 3/4/2022. Ordered by Magistrate Judge Steven I. Locke on 2/6/2022. (Pincsak, Lydia) |
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Friday, February 04, 2022 | ||
11 | 11
![]() Letter MOTION for Extension of Time to File Answer by City of Glen Cove. (Dorfman, Leo) |
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Wednesday, January 26, 2022 | ||
10 | 10
![]() Mail Returned as Undeliverable. Copy of 1/6/2022 Electronic Order to Show Cause mailed to pro se plaintiff, Krisina S. Heuser, P.O. Box 672, Locust Valley, NY 11560, returned to sender - Not Deliverable as Addressed - Unable to Forward. (Coleman, Laurie) |
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Thursday, January 20, 2022 | ||
9 | 9
![]() DECLARATION by Kristina S. Heuser in Response to Order to Show Cause dated 1/6/2022. (Coleman, Laurie) |
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Thursday, January 06, 2022 | ||
order
Order to Show Cause
Thu 01/06 4:20 PM
ELECTRONIC ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED: Plaintiff, an attorney acting pro se , has not updated her address with the Court nor has she taken any steps to move this case forward. Mail sent to Plaintiff at her address of record was returned to the Court on April 28, 2021 marked Return to Sender: Temp Fwd/Forward time expired. See ECF No. 7. The post office also included a Florida forwarding address. See id. Accordingly, in an abundance of caution and as a courtesy, the Court mailed a letter to Plaintiff at the Florida address instructing her to update her address with the Court. See ECF No. 8. That correspondence has NOT been returned to the Court nor has Plaintiff updated her address of record. Given that Plaintiff has not communicated with the Court since April 2021, together with the fact that she has not provided a current mailing address or filed a return of service, it appears that Plaintiff has abandoned this case. Indeed, this history is also posted on the Courts public electronic case filing system. The duty to inform the Court and defendants of any change of address is an obligation that rests with all pro se plaintiffs. Alomar v. Recard, 07-CV-5654, 2010 WL 451047, at *2 (S.D.N.Y. Feb. 9, 2010) (quoting Handlin v. Garvey, 91-CV-6777, 1996 WL 673823, at *5 (S.D.N.Y. Nov. 20, 1996)); see also English v. Azcazubi, 13-CV-5074, 2015 WL 1298654, at *2 (E.D.N.Y. Mar. 20, 2015) ("[W]hen a party, even a pro se litigant, changes addresses, it is that partys obligation to notify the Court of the new address.); Thornton v. Moroney, 13-CV-8912, 2014 WL 2805236, at *2 (S.D.N.Y. June 20, 2014) (explaining that pro se litigants have a "duty to diligently pursue [their] case and to inform th[e] Court[]... of any change of address."). As is readily apparent, this case cannot proceed unless the Court and the defendants are able to contact Plaintiff. Pagan v. Westchester Cnty., 12-CV-7669, 2014 WL 4953583, at *5 (S.D.N.Y. Oct. 1, 2014 ("Absent valid contact information, the Court cannot apprise the plaintiffs of their obligations in or the status of their case, and the litigation cannot proceed without their participation."). If a pro se litigant fails to keep the Court apprised of his or her current mailing address, "the Court may dismiss the action under Rule 41(b) [of the Federal Rules of Civil Procedure], for failure to prosecute." Mercedes v. New York D.O.C., 12-CV-2293, 2013 WL6153208, at *2 (S.D.N.Y. Nov. 21, 2013); Thornton, 2014 WL 2805236, at *2. Accordingly, by no later than January 21, 2022 and by way of letter, Plaintiff is to SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE. (See Fed. R. Civ. P. 41.) PLAINTIFF IS ON NOTICE: Failure to timely respond to this Order to Show Cause will result in this case being DISMISSED without prejudice and without further notice. The Clerk of Court is directed to mail a copy of this Order to Show Cause to Plaintiff at her address of record and the Florida address reflected in ECF No. 7 and make a notation of same on the docket. In addition, this Order to Show Cause shall be posted on the Courts public electronic case filing system and Plaintiff may view it there. So Ordered. Ordered by Judge Joan M. Azrack on 1/6/2022. (Posillico, Lauren) |
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Wednesday, April 28, 2021 | ||
8 | 8
![]() LETTER dated 4/28/2021 from Pro Se Department to Kristina S. Heuser. Please find the enclosed document which was returned to us as undeliverable as your forwarding services have expired. Please note that we are forwarding this to you as a one-time courtesy as we have become aware of your address change. Should you wish to receive future mail and for the docket to reflect your new address, please complete the enclosed address change form and return it to us as soon as possible. Please contact the Pro Se Office if you require further assistance. (Coleman, Laurie) |
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7 | 7
![]() MAIL RETURNED as Undeliverable: Copy of Docket Sheet mailed to Kristina Heuser, P.O. Box 672, Locust Valley, NY 11660, Returned to Sender: Temp Fwd/Forward Time Expired. (Coleman, Laurie) |
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Wednesday, April 21, 2021 | ||
6 | 6
![]() Summons Issued as to Richard J. McCord. (Rodin, Deanna) |
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5 | 5
![]() Summons Issued as to City of Glen Cove. (Rodin, Deanna) |
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4 | 4
![]() 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. (Rodin, Deanna) |
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3 | 3
![]() This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Rodin, Deanna) |
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utility
Incorrect Case-Document Information
Wed 04/21 10:12 AM
Incorrect Document Entry Information. Complaint was filed as against plaintiff. Entry 1 was deleted and refiled as against defendants. (Rodin, Deanna) |
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utility
Case Assigned/Reassigned
Wed 04/21 10:18 AM
Case Assigned to Judge Joan M. Azrack and Magistrate Judge Steven I. Locke. 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. (Rodin, Deanna) |
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Monday, April 19, 2021 | ||
2 | 2
![]() Civil Cover Sheet.. Re1 Complaint, Notice: Re: Incomplete Civil Cover Sheet, by Kristina S. Heuser (Heuser, Kristina) |
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Thursday, April 15, 2021 | ||
notice
Notice: Re: Incomplete Civil Cover Sheet
Thu 04/15 12:10 PM
Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. The second page is missing. Please resubmit corrected Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (Landow, Concetta) |
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Wednesday, April 14, 2021 | ||
1 | 1
![]() COMPLAINT against Kristina S. Heuser filing fee $ 402, receipt number ANYEDC-14374966 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Kristina S. Heuser. (Heuser, Kristina) |
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