McDaniel et al v. Home Box Office Inc.
| New York Southern District Court | |
| Judge: | Valerie E Caproni |
| Case #: | 1:22-cv-01942 |
| Nature of Suit | 890 Other Statutes - Other Statutory Actions |
| Cause | 28:1331 Fed. Question |
| Case Filed: | Mar 08, 2022 |
| Terminated: | Jul 18, 2023 |
| Last checked: Sunday Sep 04, 2022 4:33 AM EDT |
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Defendant
Home Box Office Inc.
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Represented By
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Plaintiff
Angel McDaniel
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Represented By
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Plaintiff
Constance Simon
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Represented By
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| Docket last updated: 09/16/2024 11:59 PM EDT |
| Tuesday, July 18, 2023 | ||
| 36 | 36
order
Notice of Voluntary Dismissal - Signed
Tue 07/18 1:26 PM
NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE: Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), Plaintiffs Angel McDaniel and Constance Simon, individually and on behalf of themselves and all others similarly situated, hereby dismiss without prejudice all claims against Defendant Home Box Office, Inc. Application GRANTED. The Clerk of Court is respectfully directed to lift the stay in this matter and to CLOSE the case. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/18/2023) (tg) |
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misc
Notice to Court Regarding Voluntary Dismissal
Tue 07/18 9:46 AM
***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. 35 Notice of Voluntary Dismissal was reviewed and referred to Judge Valerie E. Caproni for approval for the following reason(s): The case is stayed. (km) |
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utility
Case Stay Lifted
Tue 07/18 1:26 PM
Case Stay Lifted. (tg) |
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| Monday, July 17, 2023 | ||
| 35 | 35
notice
Notice of Voluntary Dismissal
Mon 07/17 2:11 PM
NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Home Box Office Inc.. Document filed by Angel McDaniel, Constance Simon. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(Arisohn, Joshua) |
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| Friday, January 27, 2023 | ||
| 34 | 34
8
pgs
order
Memorandum & Opinion ~Util - Case Stayed
Fri 01/27 4:30 PM
OPINION AND ORDER re:29 MOTION to Appoint Counsel Pursuant to Fed. R. Civ. P. 23(g)(3) . filed by Angel McDaniel, Constance Simon,17 MOTION to Compel Arbitration . filed by Home Box Office Inc.. For the reasons discussed above, Defendant's motion to compel arbitration, to dismiss the class claims, and to stay the case is GRANTED, and Plaintiffs' motion to appoint class counsel is DENIED as moot. The parties must submit a joint update on the status of arbitration every six months, on the fifteenth of that month, or if the fifteenth falls on a weekend or holiday, on the first business day thereafter. The first update is due on July 15, 2023. The Clerk of Court is respectfully directed to STAY the case and terminate the open motions at docket entries 17 and 29. SO ORDERED. Case stayed. (Signed by Judge Valerie E. Caproni on 1/27/2023) (tg) |
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| Thursday, October 13, 2022 | ||
| 33 | 33
respm
Reply Memorandum of Law in Support of Motion
Thu 10/13 7:38 PM
REPLY MEMORANDUM OF LAW in Support re:29 MOTION to Appoint Counsel Pursuant to Fed. R. Civ. P. 23(g)(3) . . Document filed by Angel McDaniel, Constance Simon..(Fraietta, Philip) |
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| Thursday, October 06, 2022 | ||
| 32 | 32
respm
Response in Opposition to Motion
Thu 10/06 6:08 PM
RESPONSE in Opposition to Motion re:29 MOTION to Appoint Counsel Pursuant to Fed. R. Civ. P. 23(g)(3) . . Document filed by Home Box Office Inc...(Chernof, Kenneth) |
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| Friday, September 23, 2022 | ||
| 31 | 31
respm
Declaration in Support of Motion
Fri 09/23 6:05 PM
DECLARATION of Philip L. Fraietta in Support re:29 MOTION to Appoint Counsel Pursuant to Fed. R. Civ. P. 23(g)(3) .. Document filed by Angel McDaniel, Constance Simon..(Fraietta, Philip) |
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| 30 | 30
14
pgs
respm
Memorandum of Law in Support of Motion
Fri 09/23 6:04 PM
MEMORANDUM OF LAW in Support re:29 MOTION to Appoint Counsel Pursuant to Fed. R. Civ. P. 23(g)(3) . . Document filed by Angel McDaniel, Constance Simon..(Fraietta, Philip) |
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| 29 | 29
motion
Appoint Counsel
Fri 09/23 6:03 PM
MOTION to Appoint Counsel Pursuant to Fed. R. Civ. P. 23(g)(3) . Document filed by Angel McDaniel, Constance Simon..(Fraietta, Philip) |
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| Friday, June 24, 2022 | ||
| 28 | 28
respm
Declaration in Support of Motion
Fri 06/24 5:30 PM
DECLARATION of TAYLOR DAVIS in Support re:17 MOTION to Compel Arbitration .. Document filed by Home Box Office Inc...(Chernof, Kenneth) |
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| 27 | 27
respm
Reply Memorandum of Law in Support of Motion
Fri 06/24 5:15 PM
REPLY MEMORANDUM OF LAW in Support re:17 MOTION to Compel Arbitration . . Document filed by Home Box Office Inc...(Chernof, Kenneth) |
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| Friday, June 03, 2022 | ||
| 26 | 26
20
pgs
respm
Memorandum of Law in Opposition to Motion
Fri 06/03 7:18 PM
MEMORANDUM OF LAW in Opposition re:17 MOTION to Compel Arbitration . . Document filed by Angel McDaniel, Constance Simon..(Arisohn, Joshua) |
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Att: 1
Exhibit Declaration of Angel McDaniel,
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Att: 2
Exhibit Declaration of Constance Simon
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| Thursday, June 02, 2022 | ||
| 25 | 25
2
pgs
order
Order Admitting Attorney Pro Hac Vice
Thu 06/02 5:18 PM
ORDER FOR ADMISSION PRO HAC VICE. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Valerie E. Caproni on 6/2/2022) (kv) |
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| Tuesday, May 31, 2022 | ||
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misc
Notice Regarding Deficient Motion to Appear Pro Hac Vice
Tue 05/31 9:12 AM
>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice re: Document No. 24 MOTION for Joel D. Smith to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): the filing fee was not paid;.. Pay the filing fee using the event Pro Hac Vice Fee Payment found under the event list Other Documents. (sgz) |
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misc
Pro Hac Vice Fee Due
Tue 05/31 9:15 AM
Pro Hac Vice Fee Due: for24 MOTION for Joel D. Smith to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. ..(sgz) |
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misc
Pro Hac Vice Fee Payment
Tue 05/31 9:19 AM
Pro Hac Vice Fee Payment: for24 MOTION for Joel D. Smith to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. . Filing fee $ 200.00, receipt number ANYSDC-26212198..(Smith, Joel) |
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| Friday, May 27, 2022 | ||
| 24 | 24
motion
Appear Pro Hac Vice
Fri 05/27 11:56 AM
MOTION for Joel D. Smith to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Angel McDaniel, Constance Simon..(Smith, Joel) |
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Att: 1
Exhibit Declaration of Joel Smith in Support of Motion for Admission Pro Hac Vice,
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Att: 2
Exhibit CA Certificate of Good Standing,
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Att: 3
Text of Proposed Order Text of Proposed Order
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| Wednesday, May 18, 2022 | ||
| 23 | 23
2
pgs
order
Order on Motion to Adjourn Conference
Thu 05/19 10:53 AM
ORDER granting22 Letter Motion to Adjourn Conference. Application GRANTED. The initial pretrial conference, currently scheduled for Friday, June 3, 2022 at 2:00 P.M., is adjourned sine die. The Court will reschedule the initial pretrial conference and reset the deadline for pre-conference submissions upon resolution of the pending motion to compel arbitration. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/18/2022) (tg) |
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| 22 | 22
motion
Adjourn Conference
Wed 05/18 3:23 PM
LETTER MOTION to Adjourn Conference addressed to Judge Valerie E. Caproni from Philip L. Fraietta dated 05/18/2022. Document filed by Angel McDaniel, Constance Simon..(Fraietta, Philip) |
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| Tuesday, May 03, 2022 | ||
| 21 | 21
2
pgs
order
Order on Motion for Extension of Time to File Response/Reply
Tue 05/03 3:11 PM
ORDER granting20 Letter Motion for Extension of Time to File Response/Reply re20 JOINT LETTER MOTION for Extension of Time to File Response/Reply as to17 MOTION to Compel Arbitration . addressed to Judge Valerie E. Caproni from Philip L. Fraietta dated May 3, 2022.,17 MOTION to Compel Arbitration . Application GRANTED. Plaintiffs' response in opposition to the motion to compel arbitration is due no later than Friday, June 3, 2022 and Defendant's reply in support of its motion is due no later than Friday, June 24, 2022. SO ORDERED. Responses due by 6/3/2022 Replies due by 6/24/2022. (Signed by Judge Valerie E. Caproni on 5/3/2022) (tg) |
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| 20 | 20
motion
Extension of Time to File Response/Reply
Tue 05/03 1:14 PM
JOINT LETTER MOTION for Extension of Time to File Response/Reply as to17 MOTION to Compel Arbitration . addressed to Judge Valerie E. Caproni from Philip L. Fraietta dated May 3, 2022. Document filed by Angel McDaniel, Constance Simon..(Fraietta, Philip) |
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| Friday, April 29, 2022 | ||
| 19 | 19
respm
Declaration in Support of Motion
Fri 04/29 5:48 PM
DECLARATION of TAYLOR DAVIS in Support re:17 MOTION to Compel Arbitration .. Document filed by Home Box Office Inc...(Chernof, Kenneth) |
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Att: 1
Exhibit A
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| 18 | 18
24
pgs
respm
Memorandum of Law in Support of Motion
Fri 04/29 5:44 PM
MEMORANDUM OF LAW in Support re:17 MOTION to Compel Arbitration . . Document filed by Home Box Office Inc...(Chernof, Kenneth) |
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| 17 | 17
motion
Compel Arbitration
Fri 04/29 5:40 PM
MOTION to Compel Arbitration . Document filed by Home Box Office Inc...(Chernof, Kenneth) |
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notice
Notice of Redesignation to Magistrate Judge
Fri 04/29 2:42 PM
NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Valerie Figueredo. Please note that this is a reassignment of the designation only. (sac) |
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| Friday, April 22, 2022 | ||
| 16 | 16
misc
Rule 7.1 Corporate Disclosure Statement
Fri 04/22 1:43 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Warner Bros. Discovery, Inc. for Home Box Office Inc.. Document filed by Home Box Office Inc...(Chernof, Kenneth) |
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| Wednesday, April 06, 2022 | ||
| 15 | 15
3
pgs
order
Order for Initial Pretrial Conference
Wed 04/06 3:48 PM
NOTICE OF INITIAL PRETRIAL CONFERENCE: At the scheduled time, counsel for all parties should call 888-363-4749, Access code 3121171#, Security code 1942. Initial Conference set for 6/3/2022 at 02:00 PM before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 4/6/2022) (tg) |
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| Monday, April 04, 2022 | ||
| 14 | 14
2
pgs
order
Order on Motion to Appear Pro Hac Vice
Mon 04/04 3:12 PM
ORDER FOR ADMISSION PRO HAC VICE granting10 Motion for Elisabeth S. Theodore to Appear Pro Hac Vice. (Signed by Judge Valerie E. Caproni on 4/4/2022) (tg) |
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| 13 | 13
2
pgs
order
Order on Motion to Appear Pro Hac Vice
Mon 04/04 3:08 PM
ORDER FOR ADMISSION PRO HAC VICE granting9 Motion for Kenneth Lee Chernof to Appear Pro Hac Vice. (Signed by Judge Valerie E. Caproni on 4/4/2022) (tg) |
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| Thursday, March 31, 2022 | ||
| 12 | 12
2
pgs
order
Order on Motion for Extension of Time to File Response/Reply
Fri 04/01 12:11 PM
ORDER granting11 Letter Motion for Extension of Time to File Response/Reply re11 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to1 Complaint addressed to Judge Valerie E. Caproni from David B. Schwartz dated March 31, 2022. Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 3/31/2022) (tg) |
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| 11 | 11
motion
Extension of Time to File Response/Reply
Thu 03/31 6:08 PM
CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to1 Complaint addressed to Judge Valerie E. Caproni from David B. Schwartz dated March 31, 2022. Document filed by Home Box Office Inc...(Schwartz, David) |
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notice
Notice of Case Assignment/Reassignment
Thu 03/31 1:47 PM
NOTICE OF CASE REASSIGNMENT to Judge Valerie E. Caproni. Judge Edgardo Ramos is no longer assigned to the case. (aea) |
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misc
Notice Regarding Pro Hac Vice Motion
Thu 03/31 8:36 PM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 9 MOTION for Kenneth L. Chernof to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25936321. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
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misc
Notice Regarding Pro Hac Vice Motion
Thu 03/31 8:39 PM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 10 MOTION for Elisabeth S. Theodore to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25936460. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
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utility
Set/Reset Deadlines
Fri 04/01 12:11 PM
Set/Reset Deadlines: Home Box Office Inc. answer due 4/29/2022. (tg) Modified on 4/1/2022 (tg) |
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| Wednesday, March 30, 2022 | ||
| 10 | 10
motion
Appear Pro Hac Vice
Wed 03/30 3:29 PM
MOTION for Elisabeth S. Theodore to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25936460. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Home Box Office Inc...(Theodore, Elisabeth) |
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Att: 1
Declaration of Elisabeth S. Theodore in Support of Motion for Admission Pro Hac Vice,
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Att: 2
Exhibit A Certificate of Good Standing - Maryland,
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Att: 3
Errata B Certificate of Good Standing - District of Columbia,
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Att: 4
Text of Proposed Order
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| 9 | 9
motion
Appear Pro Hac Vice
Wed 03/30 3:06 PM
MOTION for Kenneth L. Chernof to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25936321. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Home Box Office Inc...(Chernof, Kenneth) |
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Att: 1
Declaration of Kenneth L. Chernof in Support of Motion for Admission Pro Hac Vice,
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Att: 2
Exhibit A CA Certificate of Good Standing,
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Att: 3
Exhibit B MD Certificate of Good Standing,
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Att: 4
Exhibit C DC Certificate of Good Standing,
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Att: 5
Text of Proposed Order
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| 8 | 8
misc
Rule 7.1 Corporate Disclosure Statement
Wed 03/30 2:46 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent AT&T, Inc. for Home Box Office Inc.. Document filed by Home Box Office Inc...(Schwartz, David) |
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| 7 | 7
notice
Notice of Appearance
Wed 03/30 2:24 PM
NOTICE OF APPEARANCE by David Barry Schwartz on behalf of Home Box Office Inc...(Schwartz, David) |
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| Tuesday, March 15, 2022 | ||
| 6 | 6
notice
Notice of Appearance
Tue 03/15 11:52 AM
NOTICE OF APPEARANCE by Philip Lawrence Fraietta on behalf of Angel McDaniel, Constance Simon..(Fraietta, Philip) |
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| 5 | 5
service
Summons Returned Executed
Tue 03/15 11:49 AM
SUMMONS RETURNED EXECUTED. Home Box Office Inc. served on 3/11/2022, answer due 4/1/2022. Service was accepted by Vincenza Cipriano, Registered Agent. Document filed by Angel McDaniel; Constance Simon..(Arisohn, Joshua) |
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| Wednesday, March 09, 2022 | ||
| 4 | 4
service
Summons Issued
Wed 03/09 10:28 AM
ELECTRONIC SUMMONS ISSUED as to Home Box Office Inc...(pc) |
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misc
Notice to Attorney Regarding Case Opening Statistical Error Correction
Wed 03/09 10:23 AM
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Joshua David Arisohn. The following case opening statistical information was erroneously selected/entered: Cause of Action code blank;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1331;. (pc) |
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notice
Case Opening Initial Assignment Notice
Wed 03/09 10:25 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Edgardo Ramos. 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
Wed 03/09 10:25 AM
Magistrate Judge Debra C. Freeman 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
Wed 03/09 10:25 AM
Case Designated ECF. (pc) |
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| Tuesday, March 08, 2022 | ||
| 3 | 3
service
Request for Issuance of Summons
Tue 03/08 2:59 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Home Box Office, Inc., re:1 Complaint. Document filed by Angel McDaniel, Constance Simon..(Arisohn, Joshua) |
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| 2 | 2
misc
Civil Cover Sheet
Tue 03/08 2:58 PM
CIVIL COVER SHEET filed..(Arisohn, Joshua) |
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| 1 | 1
32
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cmp
Complaint
Tue 03/08 2:56 PM
COMPLAINT against Home Box Office Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25832043)Document filed by Angel McDaniel, Constance Simon..(Arisohn, Joshua) |
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