Atwal, M.D. v. iFinex Inc. et al
| New York Western District Court | |
| Judge: | John L Sinatra, Jr |
| Referred: | Leslie G Foschio |
| Case #: | 1:22-cv-00149 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Breach of Contract |
| Case Filed: | Feb 22, 2022 |
| Terminated: | Mar 22, 2023 |
| Last checked: Sunday Aug 21, 2022 5:48 AM EDT |
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Defendant
BFXNA Inc.
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Represented By
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Defendant
BFXWW Inc.
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Represented By
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Defendant
iFinex Inc.
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Represented By
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Plaintiff
Ephraim Atwal, M.D., NY
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Represented By
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| Docket last updated: 04/01/2025 11:59 PM EDT |
| Thursday, August 03, 2023 | ||
| 38 | 38
appeal
USCA Mandate
Thu 08/03 2:28 PM
MANDATE of USCA as to35 Notice of Appeal filed by Ephraim Atwal, M.D. The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to FRAP 42. The stipulation is hereby "So Ordered". (JLV) |
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| Thursday, May 04, 2023 | ||
| 37 | 37
appeal
Clerks Certificate
Thu 05/04 11:57 AM
CLERKS CERTIFICATE filed and electronically sent to Court of Appeals. (JLV) |
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| 36 | 36
appeal
Designation of Record on Appeal
Thu 05/04 10:48 AM
DESIGNATION of Record on Appeal by Ephraim Atwal, M.D. re35 Notice of Appeal CLERK TO FOLLOW UP (Mercado Clark, Anna) |
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| Thursday, April 20, 2023 | ||
| 35 | 35
appeal
Notice of Appeal
Thu 04/20 9:00 AM
NOTICE OF APPEAL as to33 Order on Report and Recommendations,, Order on Motion to Dismiss, by Ephraim Atwal, M.D.. Filing fee $ 505, receipt number ANYWDC-4852643. (Mercado Clark, Anna) |
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utility
E-Filing Notification
Thu 04/20 9:59 AM
E-Filing Notification:35 NOTICE OF APPEAL; Within 14 days of filing the Notice of Appeal, the appellant is required to electronically file with the District Court an index of filed documents it wishes the Court of Appeals to consider, called Designation of Record on Appeal. After receipt, the Clerks Office will certify and transmit the index to the Circuit. (JLV) |
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utility
E-Filing Notification
Thu 04/20 9:59 AM
E-Filing Notification:35 NOTICE OF APPEAL; Pursuant to Local Rule 12.1 of the US Court of Appeals for the Second Circuit, Forms C and D must be completed within 14 days after the filing of a notice of appeal. Forms C and D can be obtained at www.ca2.uscourts.gov. (JLV) |
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| Wednesday, March 22, 2023 | ||
| 34 | 34
order
Judgment
Wed 03/22 2:17 PM
JUDGMENT in favor of BFXNA Inc., BFXWW Inc., iFinex Inc. against Ephraim Atwal, M.D. Signed by Mary C. Loewenguth, Clerk of Court on 3/22/2023. (JLV) |
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| 33 | 33
30+
pgs
order
Order on Report and Recommendations Order on Motion to Dismiss
Wed 03/22 2:13 PM
DECISION and ORDER granting in part and denying in part27 Report and Recommendations; granting defendants'15 Motion to Dismiss for lack of personal jurisdiction; that the Clerk of Court is directed to close the case. Signed by Hon. John L. Sinatra, Jr. on 3/22/2023. (JLV) |
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| Wednesday, December 14, 2022 | ||
| 32 | 32
respm
Reply/Response
Wed 12/14 6:41 PM
REPLY/RESPONSE to re30 Objections -- non-motion, Reply in Further support of their Objections to the Honorable Magistrate Judge Leslie G. Foschio's Report & Recommendation of October 19, 2022 27 filed by BFXNA Inc., BFXWW Inc., iFinex Inc.. (Gottlieb, Jason) |
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| Wednesday, December 07, 2022 | ||
| 31 | 31
respm
Reply/Response
Wed 12/07 10:24 PM
REPLY/RESPONSE to re30 Objections -- non-motion, to the October 19, 2022 Report and Recommendation filed by Ephraim Atwal, M.D.. (Mercado Clark, Anna) |
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| Friday, November 11, 2022 | ||
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misc
Objections -- non-motion
Fri 11/11 5:05 PM
OBJECTIONS to REPORT AND RECOMMENDATIONS re15 MOTION to Dismiss Compliant filed by iFinex Inc., BFXWW Inc., BFXNA Inc. Objections due fourteen days from receipt.27 filed by Defendants BFXNA Inc., BFXWW Inc., iFinex Inc... (Gottlieb, Jason) |
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| Thursday, October 27, 2022 | ||
| 28 | 28
misc
Letter
Thu 10/27 2:39 PM
Letter filed by BFXWW Inc., BFXNA Inc., iFinex Inc. as to BFXWW Inc., BFXNA Inc., iFinex Inc. request for extension of time for parties to submit objections to the October 19, 2022 Report and Recommendation (ECF 27) . (Isaacs, Daniel) |
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order
Text Order
Thu 10/27 3:40 PM
TEXT ORDER granting28 the parties' joint letter request for an extension of time to object. Objections are due by 11/11/2022. Responses are due by 12/7/2022. Replies, if any, are due by 12/14/2022. The Court will set oral argument at a later date, if necessary. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 10/27/2022. (KEF) |
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| Wednesday, October 19, 2022 | ||
| 27 | 27
motion
Report and Recommendations
Wed 10/19 5:54 PM
REPORT AND RECOMMENDATIONS re15 Defendants' MOTION to Dismiss Complaint filed by Defendants iFinex Inc., BFXWW Inc., BFXNA Inc. should be DENIED as to Plaintiff's First, Fourth, and Sixth Claims, and should be GRANTED as to Plaintiff's Second, Third, Fifth, and Seventh Claims; the dismissal of the Third Claim alleging breach of contract should be without prejudice and with leave to replead, but dismissal of the Second, Fifth and Seventh Claims should be with prejudice and without leave to replead. Objections due fourteen days from receipt. Signed by Hon. Leslie G. Foschio on 10/19/2022. (TAH) |
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| Tuesday, August 02, 2022 | ||
| 26 | 26
respm
Reply/Response
Tue 08/02 5:46 PM
REPLY/RESPONSE to re15 MOTION to Dismiss Compliant filed by BFXNA Inc., BFXWW Inc., iFinex Inc.. (Gottlieb, Jason) |
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| Tuesday, July 12, 2022 | ||
| 25 | 25
misc
Declaration
Tue 07/12 7:39 PM
DECLARATION filed by Ephraim Atwal, M.D. filed by Ephraim Atwal, M.D..(Mercado Clark, Anna) |
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Att: 1
Exhibit Ex. A to Declaration of Ephraim Singh Atwal, MD
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misc
Declaration
Tue 07/12 7:34 PM
DECLARATION signed by Anna Mercado Clark re23 Memorandum in Opposition to Motion filed by Ephraim Atwal, M.D. filed by Ephraim Atwal, M.D..(Mercado Clark, Anna) |
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Att: 1
Exhibit Ex. A to Declaration of Anna Mercado Clark,
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Att: 2
Exhibit Ex. B to Declaration of Anna Mercado Clark,
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Att: 3
Exhibit Ex. C to Declaration of Anna Mercado Clark,
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Att: 4
Exhibit Ex. D to Declaration of Anna Mercado Clark,
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Att: 5
Exhibit Ex. E to Declaration of Anna Mercado Clark,
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Att: 6
Exhibit Ex. F to Declaration of Anna Mercado Clark,
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Att: 7
Exhibit Ex. G to Declaration of Anna Mercado Clark
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| 23 | 23
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pgs
respm
Memorandum in Opposition to Motion
Tue 07/12 7:21 PM
MEMORANDUM in Opposition re15 MOTION to Dismiss Compliant filed by Ephraim Atwal, M.D.. (Mercado Clark, Anna) |
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| Friday, June 24, 2022 | ||
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order
Text Order ~Util - Set Deadlines ~Util - Terminate Motions
Fri 06/24 9:46 AM
TEXT ORDER granting21 Joint MOTION to Amend/Correct Briefing Schedule for15 Defendants' Motion to Dismiss the Complaint filed by Ephraim Atwal, M.D. Responses due by 7/12/2022. Replies due by 8/2/2022. Oral argument at the discretion of the court. Issued by Hon. Leslie G. Foschio on 6/24/2022. (SDW) |
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| Thursday, June 23, 2022 | ||
| 21 | 21
motion
Amend/Correct
Thu 06/23 5:51 PM
Joint MOTION to Amend/Correct Briefing Schedule for Defendants' Motion to Dismiss the Complaint by Ephraim Atwal, M.D..(Coren, Jeffrey) |
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| 20 | 20
motion
Amend/Correct
Thu 06/23 3:51 PM
Joint MOTION to Amend/Correct Briefing Schedule for Defendants' Motion to Dismiss the Complaint by Ephraim Atwal, M.D..(Coren, Jeffrey) |
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| Tuesday, June 14, 2022 | ||
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order
Order Referring Case to Magistrate Judge
Tue 06/14 12:52 PM
TEXT REFERRAL ORDER (DISPOSITIVE) - Hon. Leslie G. Foschio, United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. § 636(b)(1)(A) and (B), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall also hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and (C). All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. § 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 6/14/2022. (KLH) |
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| Tuesday, May 31, 2022 | ||
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order
Text Order
Tue 05/31 9:03 AM
TEXT ORDER re15 Motion to Dismiss. Plaintiff shall respond by 6/28/2022. Defendants' reply, if any, is due by 7/12/2022. The Court will set oral argument at a later date, if necessary. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 5/31/2022. (KEF) |
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| Friday, May 27, 2022 | ||
| 17 | 17
30+
pgs
respm
Memorandum in Support of Motion
Fri 05/27 1:37 PM
MEMORANDUM in Support re15 MOTION to Dismiss Compliant filed by BFXNA Inc., BFXWW Inc., iFinex Inc.. (Gottlieb, Jason) |
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| 16 | 16
misc
Declaration
Fri 05/27 1:31 PM
DECLARATION signed by Stuart Hoegner re15 MOTION to Dismiss Compliant filed by BFXWW Inc., BFXNA Inc., iFinex Inc. filed by BFXWW Inc., BFXNA Inc., iFinex Inc..(Gottlieb, Jason) |
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Att: 1
Hoegner Decl., Ex. 1,
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Att: 2
Hoegner Decl., Ex. 2
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| 15 | 15
motion
Dismiss
Fri 05/27 1:11 PM
MOTION to Dismiss Compliant by BFXNA Inc., BFXWW Inc., iFinex Inc..(Gottlieb, Jason) |
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| Tuesday, May 03, 2022 | ||
| 14 | 14
misc
Corporate Disclosure Statement
Tue 05/03 1:12 PM
Corporate Disclosure Statement by BFXWW Inc.. (Gottlieb, Jason) |
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| 13 | 13
misc
Corporate Disclosure Statement
Tue 05/03 1:10 PM
Corporate Disclosure Statement by BFXNA Inc.. (Gottlieb, Jason) |
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| 12 | 12
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pgs
misc
Corporate Disclosure Statement
Tue 05/03 1:08 PM
Corporate Disclosure Statement by iFinex Inc. identifying Corporate Parent DigFinex Inc. for iFinex Inc... (Gottlieb, Jason) |
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| 11 | 11
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misc
Corporate Disclosure Statement
Tue 05/03 1:06 PM
Corporate Disclosure Statement by iFinex Inc.. (Gottlieb, Jason) |
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| Monday, May 02, 2022 | ||
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utility
Remark
Mon 05/02 11:51 AM
ATTENTION CORPORATION PLAINTIFFS/DEFENDANTS: All Corporate Disclosure Statements pursuant to Fed. R. Civ. P.7.1(b) are to be filed within seven (7) days of this notice. (KM) |
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| Thursday, April 28, 2022 | ||
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order
Order on Motion for Pro Hac Vice
Thu 04/28 11:11 AM
TEXT ORDER granting5 Motion for Pro Hac Vice Admission of Jason Gottlieb. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 4/28/2022. (KEF) |
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order
Order on Motion for Pro Hac Vice
Thu 04/28 11:17 AM
TEXT ORDER granting6 Motion for Pro Hac Vice Admission of Daniel C. Isaacs. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 4/28/2022. (KEF) |
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order
Order on Motion for Pro Hac Vice
Thu 04/28 11:21 AM
TEXT ORDER granting7 Motion for Pro Hac Vice Admission of Alexandra W. Wang. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 4/28/2022. (KEF) |
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| Wednesday, April 27, 2022 | ||
| 7 | 7
motion
Appear Pro Hac Vice
Wed 04/27 4:28 PM
MOTION to appear pro hac vice of Alexandra W. Wang ( Filing fee $ 200 receipt number ANYWDC-4564853.) by BFXNA Inc., BFXWW Inc., iFinex Inc..(Roy, Kristin) |
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Att: 1
Petition for Attorney Admission,
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Att: 2
Sponsor's Affidavit,
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Att: 3
Attorney's Oath,
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Att: 4
Civility Principles Oath,
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Att: 5
Attorney Database Form
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| 6 | 6
motion
Appear Pro Hac Vice
Wed 04/27 4:24 PM
MOTION to appear pro hac vice of Daniel C. Isaacs ( Filing fee $ 200 receipt number ANYWDC-4564844.) by BFXNA Inc., BFXWW Inc., iFinex Inc..(Roy, Kristin) |
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Att: 1
Petition for Attorney Admission,
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Att: 2
Sponsor's Affidavit,
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Att: 3
Attorney's Oath,
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Att: 4
Civility Principles Oath,
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Att: 5
Attorney Database Form
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| 5 | 5
motion
Appear Pro Hac Vice
Wed 04/27 4:20 PM
MOTION to appear pro hac vice of Jason Gottlieb ( Filing fee $ 200 receipt number ANYWDC-4564834.) by BFXNA Inc., BFXWW Inc., iFinex Inc..(Roy, Kristin) |
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Att: 1
Petition for Attorney Admission,
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Att: 2
Sponsor's Affidavit,
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Att: 3
Attorney's Oath,
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Att: 4
Civility Principles Oath,
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Att: 5
Attorney Database Form
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| Wednesday, April 20, 2022 | ||
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order
Text Order
Wed 04/20 8:51 AM
TEXT ORDER acknowledging3 Stipulation. Defendants' time to answer, move, or otherwise respond to the Complaint is extended to 5/27/2022. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 4/20/2022. (CJG) |
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| Tuesday, April 19, 2022 | ||
| 3 | 3
misc
Stipulation
Tue 04/19 2:27 PM
STIPULATION to Extend Time to Respond by Ephraim Atwal, M.D.. (Coren, Jeffrey) |
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| Wednesday, February 23, 2022 | ||
| 2 | 2
service
Summons Issued
Wed 02/23 12:00 PM
Summons Issued as to BFXNA Inc., BFXWW Inc., iFinex Inc. (JLV) |
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utility
Case Assigned/Reassigned
Wed 02/23 11:56 AM
Case Assigned to Hon. John L. Sinatra, Jr. Notification to Chambers of on-line civil case opening. (JLV) |
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adr
Automatic Referral to Mediation
Wed 02/23 11:57 AM
AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at[LINK:http://www.nywd.uscourts.gov/alternative-dispute-resolution] . (JLV) |
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notice
Notice of Availability of Magistrate Judge
Wed 02/23 11:58 AM
Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at[LINK:http://www.uscourts.gov/services-forms/forms] . (JLV) |
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| Tuesday, February 22, 2022 | ||
| 1 | 1
13
pgs
cmp
Complaint
Tue 02/22 4:19 PM
COMPLAINT against All Defendants $ 402 receipt number ANYWDC-4508261, filed by Ephraim Atwal, M.D..(Mercado Clark, Anna) |
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Att: 1
3 pgs
Exhibit A (EOS Constitution),
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Att: 2
7 pgs
Exhibit B (ECAF Ruling),
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Att: 3
Civil Cover Sheet,
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Att: 4
Summons- iFinex Inc.,
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Att: 5
Summons - BFXNA Inc.,
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Att: 6
Summons - BFXWW Inc.
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