Greene v. Clean Rite Centers, LLC et al
| New York Eastern District Court | |
| Judge: | Pamela K Chen |
| Referred: | Robert M Levy |
| Case #: | 1:22-cv-01750 |
| Nature of Suit | 370 Torts - Personal Property - Other Fraud |
| Cause | 28:1332 Diversity-Fraud |
| Case Filed: | Mar 29, 2022 |
| Last checked: Sunday Sep 25, 2022 6:24 AM EDT |
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Defendant
Clean Rite Centers, LLC
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Represented By
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Defendant
Laundromax New England, LLC
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Plaintiff
Bertha Greene
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Represented By
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| Docket last updated: 4 hours ago |
| Wednesday, December 11, 2024 | ||
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order
Order on Motion to Compel
Wed 12/11 3:57 PM
ORDER granting40 Motion to Compel Responses to document requests 20, 21, and 22. On consent, defendants will make production by 1/15/25. Ordered by Magistrate Judge Robert M. Levy on 12/11/2024. (Levy, Robert) |
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minutes
Motion Hearing
Wed 12/11 4:03 PM
Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Argument heard. Motion granted. See separate entry. Next conference 3/4/24 at 2:00 (same dial-in number and access code).Motion Hearing held on 12/11/2024 re40 Letter MOTION to Compel Pre-Motion Letter re: Plaintiff's Anticipated Motion to Compel filed by Bertha Greene (Levy, Robert) |
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| Monday, December 09, 2024 | ||
| 40 | 40
motion
Compel
Mon 12/09 4:28 PM
Letter MOTION to Compel Pre-Motion Letter re: Plaintiff's Anticipated Motion to Compel by Bertha Greene. (Diamond, Julian) |
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2,
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Att: 3
Exhibit 3,
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Att: 4
Exhibit 4,
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Att: 5
Exhibit 5,
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Att: 6
Exhibit 6,
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Att: 7
Exhibit 7,
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Att: 8
Exhibit 8,
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Att: 9
Exhibit 9,
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Att: 10
Exhibit A,
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Att: 11
Exhibit B,
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Att: 12
Exhibit C
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| Monday, December 02, 2024 | ||
| 39 | 39
misc
Transcript
Mon 12/02 6:27 PM
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on August 16, 2022, for hearing type Pre-Motion Conference, before Judge Pamela K. Chen. Court Reporter/Transcriber David R. Roy, Telephone number (972) 548-4492. Email address: drroyofcr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 12/23/2024. Redacted Transcript Deadline set for 1/2/2025. Release of Transcript Restriction set for 3/3/2025. (Roy, David) |
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| Thursday, October 31, 2024 | ||
| 38 | 38
motion
Protective Order
Thu 10/31 11:52 AM
Letter Regarding Proposed Confidentiality Stipulation and Order by Clean Rite Centers, LLC, Laundromax New England, LLC (Harrison, Katherine) Modified on 10/31/2024 (Levy, Robert) |
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order
Order on Motion for Protective Order
Thu 10/31 4:36 PM
ORDER granting38 Motion for Protective Order. Ordered by Magistrate Judge Robert M. Levy on 10/31/2024. (Levy, Robert) |
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| Wednesday, September 25, 2024 | ||
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minutes
Initial Conference Hearing
Wed 09/25 3:23 PM
Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Counsel present by telephone. Next conference 12/11/24 at 3:00 pm.Initial Conference Hearing held on 9/25/2024 (Levy, Robert) |
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| Monday, September 23, 2024 | ||
| 37 | 37
misc
Case Management Statement
Mon 09/23 10:55 AM
CASE MANAGEMENT STATEMENT (Diamond, Julian) |
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| Friday, July 26, 2024 | ||
| 36 | 36
order
Scheduling Order
Fri 07/26 11:11 AM
SCHEDULING ORDER: An initial conference by telephone has been scheduled for September 25, 2024 at 2:30 p.m., before the Honorable Robert M. Levy, USMJ. Parties are directed to dial: 571-353-2301; and use Guest ID: 623827231. Ordered by Magistrate Judge Robert M. Levy on 7/26/2024. (JM) |
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Att: 1
IC Questionnaire,
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Att: 2
Individual Rules
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| Wednesday, July 24, 2024 | ||
| 35 | 35
answer
Answer to Complaint
Wed 07/24 7:36 PM
Corrected ANSWER to Complaint Regarding dkt. 30 Plaintiff's Second Amended Complaint by Clean Rite Centers, LLC, Laundromax New England, LLC. (Harrison, Katherine) |
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| 34 | 34
answer
Answer to Amended Complaint
Wed 07/24 12:47 PM
ANSWER to30 Amended Complaint by Clean Rite Centers, LLC, Laundromax New England, LLC. (Harrison, Katherine) |
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| Wednesday, July 10, 2024 | ||
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order
Order on Motion for Pre Motion Conference
Wed 07/10 3:18 PM
ORDER: The Court is in receipt of Defendants'32 letter requesting a pre-motion conference ("PMC") for a proposed motion to dismiss the Second Amended Complaint and Plaintiff's33 response in opposition. Defendants' request for a PMC is denied and Defendants will not be permitted to file their proposed motion. The Court agrees with Plaintiff that "Defendants' proposed motion is a procedurally improper attempt to rehash an issue that has already been decided." (Dkt. 33 at 1.) The Court has already held that Plaintiff's unfairness claim under Massachusetts law may be proceed. ( See Dkt. 22 at 16-17.) As such, Defendants' proposed arguments are barred by the law of the case. "The law of the case doctrine, while not binding, counsels a court against revisiting its prior rulings in subsequent stages of the same case absent 'cogent' and 'compelling' reasons such as 'an intervening change of controlling law, the availability of new evidence, or the need to correct a clear error or prevent manifest injustice.'" Ali v. Mukasey , 529 F.3d 478, 490 (2d Cir. 2008) (quoting United States v. Tenzer , 213 F.3d 34, 39 (2d Cir. 2000)); see also, e.g. , L-3 Commc'ns Corp. v. OSI Sys., Inc. , 418 F. Supp. 2d 380, 382-83 (S.D.N.Y. 2005) (applying law of the case in successive motions to dismiss); Ge Dandong v. Pinnacle Performance Ltd. , 966 F. Supp. 2d 374, 385-89 (S.D.N.Y. 2013) (same). Defendants offer no reason, "let alone a 'cogent or compelling' reason," why the Court should reconsider its prior holding, and the Court declines to do so. See Ge Dandong , 966 F. Supp. 2d at 386. Finally, to the extent that Defendants' proposed motion to dismiss can be construed as a motion for reconsideration, the Court rejects any such motion as untimely. See Local Civil Rule 6.3. Defendants shall answer the30 Amended Complaint by 7/24/2024. Ordered by Judge Pamela K. Chen on 7/10/2024. (HMM) |
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| Tuesday, July 09, 2024 | ||
| 33 | 33
misc
Letter
Tue 07/09 3:33 PM
Letter Response to Defendants Pre-Motion Letter re: Motion to Dismiss the Second Amended Complaint by Bertha Greene (Diamond, Julian) |
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Att: 1
Exhibit 1
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| Monday, July 08, 2024 | ||
| 32 | 32
misc
Letter
Mon 07/08 2:52 PM
Letter Requesting Pre-Motion Conference Regarding Proposed Motion to Dismiss the Second Amended Complaint by Clean Rite Centers, LLC, Laundromax New England, LLC (Harrison, Katherine) |
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| Thursday, June 27, 2024 | ||
| 31 | 31
motion
Extension of Time to File Answer
Thu 06/27 12:21 PM
Letter MOTION for Extension of Time to File Answer Plaintiff's Second Amended Complaint by Clean Rite Centers, LLC, Laundromax New England, LLC. (Harrison, Katherine) |
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order
Order on Motion for Extension of Time to Answer
Thu 06/27 2:09 PM
ORDER granting31 Motion for Extension of Time to Answer re31 Letter MOTION for Extension of Time to File Answer. Answer due 7/24/24. Ordered by Magistrate Judge Robert M. Levy on 6/27/2024. (AM) |
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| Monday, June 24, 2024 | ||
| 30 | 30
12
pgs
cmp
Amended Complaint
Mon 06/24 10:46 AM
AMENDED COMPLAINT against Clean Rite Centers, LLC, Laundromax New England, LLC, filed by Bertha Greene. (Fraietta, Philip) |
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| Monday, June 10, 2024 | ||
| 29 | 29
misc
Transcript
Mon 06/10 12:48 PM
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on May 23, 2024, before Judge Pamela K. Chen. Court Reporter/Transcriber Annette M. Montalvo, Telephone number 718-804-2711. Email address: annette.montalvo@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 7/1/2024. Redacted Transcript Deadline set for 7/11/2024. Release of Transcript Restriction set for 9/9/2024. (Montalvo, Annette) |
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| Thursday, May 23, 2024 | ||
| 28 | 28
notice
Notice of Appearance
Thu 05/23 5:47 PM
NOTICE of Appearance by Rebecca Roumell Rosenthal on behalf of Clean Rite Centers, LLC, Laundromax New England, LLC (aty to be noticed) (Rosenthal, Rebecca) |
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| 27 | 27
notice
Notice of Appearance
Thu 05/23 5:39 PM
NOTICE of Appearance by Katherine B. Harrison on behalf of Clean Rite Centers, LLC, Laundromax New England, LLC (notification declined or already on case) (Harrison, Katherine) |
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minutes
Motion Hearing
Thu 05/23 2:34 PM
Minute Entry for proceedings held before Judge Pamela K. Chen: Oral argument and evidentiary hearing held on 5/23/2024. Appearances by Julian Diamond for Plaintiff; Katherine B. Harrison and Rebecca Rosenthal (appearance forthcoming) for Defendants. Case called. Discussion held. For the reasons stated on the record, the Court finds that it has subject matter jurisdiction over this matter. Moreover, the Court declines to transfer this matter to the District of Massachusetts. Plaintiff shall file a second amended complaint within thirty (30) days. (Court Reporter Annette Montalvo.) (HMM) |
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order
Order on Motion for Pre Motion Conference
Thu 05/23 2:37 PM
ORDER: In light of the Court's decisions regarding subject matter jurisdiction and venue at the 5/23/2024 hearing, the Court denies Plaintiff's23 request for a pre-motion conference as moot. ( See 5/23/2024 Minute Entry.) Ordered by Judge Pamela K. Chen on 5/23/2024. (HMM) |
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| Wednesday, May 01, 2024 | ||
| 26 | 26
misc
Letter
Wed 05/01 2:58 PM
Letter Re Plaintiff's Position Regarding Transferring Venue by Bertha Greene (Fraietta, Philip) |
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| 25 | 25
misc
Letter
Wed 05/01 1:26 PM
Letter Regarding Defendants' Position Regarding Transferring Venue by Clean Rite Centers, LLC, Laundromax New England, LLC (Harrison, Katherine) |
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| Wednesday, April 17, 2024 | ||
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order
Scheduling Order
Wed 04/17 7:07 PM
SCHEDULING ORDER: The Court directs the parties to appear for a hearing to discuss their submissions about subject matter jurisdiction. ( See Dkts.23 ,24 .) The hearing will be held on 5/23/2024 at 10:00 a.m. in Courtroom 4F North. Defendants should be prepared to present evidence concerning the number of laundry cards they sold in New York, Massachusetts, and any other state in which Laundromax New England operated between 2018 and 2022. ( See Dkt.24 at 2 n.2.) The parties should also be prepared to discuss whether the Court should transfer this case to the District of Massachusetts under 28 U.S.C. § 1404(a). ( See Dkt.22 .) If the parties so choose, they may each file a letter of up to three pages regarding the transfer issue on or before 5/1/2024. Ordered by Judge Pamela K. Chen on 4/17/2024. (HMM) |
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| Tuesday, February 27, 2024 | ||
| 24 | 24
misc
Letter
Tue 02/27 6:43 PM
Letter Opposing Motion for Pre-Motion Conference by Clean Rite Centers, LLC, Laundromax New England, LLC (Harrison, Katherine) |
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| Thursday, February 15, 2024 | ||
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order
Scheduling Order
Thu 02/15 6:46 PM
ORDER: The Court is in receipt of Plaintiff's23 letter. Defendants are directed to respond to Plaintiff's arguments in a letter of up to three (3) pages by 2/28/2024. The deadlines in the Court's 1/29/2024 Docket Order are adjourned sine die pending resolution of this matter. Ordered by Judge Pamela K. Chen on 2/15/2024. (HMM) |
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| Friday, February 09, 2024 | ||
| 23 | 23
motion
Pre Motion Conference
Fri 02/09 7:43 AM
Letter MOTION for pre motion conference re22 Order on Motion to Dismiss for Failure to State a Claim,,,,, re Partial Motion for Reconsideration by Bertha Greene. (Fraietta, Philip) |
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| Monday, January 29, 2024 | ||
| 22 | 22
25
pgs
order
Order on Motion to Dismiss for Failure to State a Claim
Mon 01/29 1:51 PM
ORDER: For the reasons discussed in the attached Memorandum and Order, Defendants'19 Motion to Dismiss is granted in part and denied in part. The Court dismisses Plaintiff's New York General Business Law Section 349 claim and unjust enrichment claim. Plaintiff's claim under Massachusetts General Law Chapter 93A may proceed as limited in accordance with the Court's Memorandum and Order, provided that Plaintiff sufficiently alleges subject matter jurisdiction in her Second Amended Complaint ("SAC"). Plaintiff shall file a SAC, striking and modifying the pleadings consistent with this Order, within thirty (30) days of the issuance of the Order. Plaintiff's SAC shall include updated allegations concerning the Court's subject matter jurisdiction to reflect the dismissal of her New York law and unjust enrichment claims. The claim under Massachusetts law may proceed only if Plaintiff sufficiently alleges the jurisdictional amount. Moreover, within sixty (60) days of the issuance of this Order, the parties shall show cause, in a letter of up to five pages, as to: (1) whether the Court retains subject matter jurisdiction over this action; and (2) if subject matter jurisdiction exists, why the Court should not transfer this case to the District of Massachusetts under 28 U.S.C. § 1404(a) in light of the Court's dismissal of Plaintiff's New York law claims. Ordered by Judge Pamela K. Chen on 1/29/2024. (HMM) |
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| Friday, October 28, 2022 | ||
| 21 | 21
23
pgs
respoth
Memorandum in Opposition
Fri 10/28 7:10 PM
MEMORANDUM in Opposition re19 Notice of MOTION to Dismiss for Failure to State a Claim filed by Bertha Greene. (Fraietta, Philip) |
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Att: 1
Exhibit 1
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| 20 | 20
respoth
Reply in Support
Fri 10/28 7:08 PM
REPLY in Support re19 Notice of MOTION to Dismiss for Failure to State a Claim filed by Clean Rite Centers, LLC, Laundromax New England, LLC. (Harrison, Katherine) |
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pgs
motion
Dismiss for Failure to State a Claim
Fri 10/28 7:05 PM
Notice of MOTION to Dismiss for Failure to State a Claim by Clean Rite Centers, LLC, Laundromax New England, LLC. (Harrison, Katherine) |
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Att: 1
Memorandum in Support of Defendants' Motion to Dismiss the First Amended Complaint
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| 18 | 18
misc
Letter
Fri 10/28 7:02 PM
Letter to the Honorable Pamela K. Chen enclosing Defendants' Motion to Dismiss by Clean Rite Centers, LLC, Laundromax New England, LLC (Harrison, Katherine) |
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| Thursday, October 13, 2022 | ||
| 17 | 17
misc
Letter
Thu 10/13 10:20 AM
Letter to Katherine B. Harrison enclosing Plaintiff's Memorandum of Law in Opposition to Defendants' Motion to Dismiss the First Amended Complaint by Bertha Greene (Fraietta, Philip) |
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| Tuesday, September 13, 2022 | ||
| 16 | 16
misc
Letter
Tue 09/13 10:29 PM
Letter to Philip L. Fraietta enclosing Defendants' Memorandum of Law in Support of Motion to Dismiss the First Amended Complaint by Clean Rite Centers, LLC, Laundromax New England, LLC (Harrison, Katherine) |
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| Tuesday, August 16, 2022 | ||
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minutes
Pre Motion Conference
Tue 08/16 6:30 PM
Minute Entry for proceedings held before Judge Pamela K. Chen: Pre Motion Conference held on 8/16/2022 regarding Defendants'12 request to file a Motion to Dismiss. Appearances by Julian C. Diamond for Plaintiff; Kate Harrison for Defendants. Case called. Discussion held. A briefing schedule was set for Defendants' proposed Motion to Dismiss. Defendants shall serve their Motion by September 13, 2022; Plaintiff shall serve her Opposition by October 14, 2022; and Defendants shall file a Reply, if any, by October 28, 2022. As a courtesy to the Court, the Parties are encouraged to file their motion papers only when the motions are fully briefed. If the Parties follow this practice, the motions and all supporting papers are to be served on the other Parties along with a cover letter setting forth whom the movant represents and the papers being served. Only a copy of the cover letter should be filed electronically, as a letter, not as a motion. On the day the motions are fully briefed, the Parties shall electronically file their respective motion papers. (Court Reporter David Roy.) (Ben-Gigi, Yanai) |
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| Monday, August 15, 2022 | ||
| 15 | 15
notice
Notice of Appearance
Mon 08/15 2:52 PM
NOTICE of Appearance by Julian Cole Diamond on behalf of Bertha Greene (aty to be noticed) (Diamond, Julian) |
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order
Scheduling Order
Mon 08/15 8:25 PM
RESCHEDULING ORDER: The 8/16/2022 Pre-Motion Conference is rescheduled for 8/16/2022 at 4:00 PM. The public may listen to the audio of the video conference by calling the conference number 1-650-479-3207, and using the access code 2311 953 3614. Ordered by Judge Pamela K. Chen on 8/15/2022. (Ben-Gigi, Yanai) |
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| Monday, July 25, 2022 | ||
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order
Order on Motion for Pre Motion Conference
Mon 07/25 10:59 AM
ORDER: The12 Motion for a Pre Motion Conference is GRANTED. The Court will hold a pre-motion conference on August 16, 2022, at 12:00 p.m. via video on WebEx. The parties will receive the WebEx link via email. The public may listen to the audio of the video conference by calling the conference number 1-650-479-3207, and using the access code 2311 953 3614. Ordered by Judge Pamela K. Chen on 7/25/2022. (Ben-Gigi, Yanai) |
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| Friday, July 15, 2022 | ||
| 14 | 14
respm
Response in Opposition to Motion
Fri 07/15 9:12 AM
RESPONSE in Opposition re12 Letter MOTION for pre motion conference filed by Bertha Greene. (Fraietta, Philip) |
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| Friday, July 08, 2022 | ||
| 13 | 13
motion
Extension of Time to File Response/Reply
Fri 07/08 10:40 AM
Consent MOTION for Extension of Time to File Response/Reply as to12 Letter MOTION for pre motion conference by Bertha Greene. (Fraietta, Philip) |
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order
Order on Motion for Extension of Time to File Response/Reply
Fri 07/08 10:43 AM
ORDER: Plaintiff's13 consent Motion for Extension of Time to File is granted. Plaintiff has until 7/15/2022 to respond to Defendants'12 letter motion for a pre motion conference. Ordered by Judge Pamela K. Chen on 7/8/2022. (Mahkamova, Shirin) |
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| Tuesday, July 05, 2022 | ||
| 12 | 12
motion
Pre Motion Conference
Tue 07/05 5:21 PM
Letter MOTION for pre motion conference by Clean Rite Centers, LLC. (Harrison, Katherine) |
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| Tuesday, June 21, 2022 | ||
| 11 | 11
cmp
Amended Complaint
Tue 06/21 11:53 AM
AMENDED COMPLAINT against Clean Rite Centers, LLC, Laundromax New England, LLC, filed by Bertha Greene. (Fraietta, Philip) |
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| Monday, June 13, 2022 | ||
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order
Order on Motion for Pre Motion Conference
Mon 06/13 10:42 AM
ORDER: In light of Plaintiff's10 letter regarding the filing of an amended complaint, Defendants'9 motion for a pre motion conference is denied without prejudice to renew. Ordered by Judge Pamela K. Chen on 6/13/2022. (Mahkamova, Shirin) |
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| Wednesday, June 08, 2022 | ||
| 10 | 10
misc
Letter
Wed 06/08 10:05 AM
Letter Re MOTION for pre motion conference by Bertha Greene (Fraietta, Philip) |
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| Wednesday, June 01, 2022 | ||
| 9 | 9
motion
Pre Motion Conference
Wed 06/01 5:35 PM
Letter MOTION for pre motion conference by Clean Rite Centers, LLC. (Harrison, Katherine) |
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| Monday, April 11, 2022 | ||
| 8 | 8
service
Waiver of Service Executed
Mon 04/11 10:09 AM
WAIVER OF SERVICE Returned Executed by Bertha Greene. All Defendants. (Fraietta, Philip) |
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| Tuesday, March 29, 2022 | ||
| 7 | 7
misc
Quality Control Check - Attorney Case Opening
Tue 03/29 3:15 PM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
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| 6 | 6
misc
Clerks Notice of Rule 73
Tue 03/29 3:14 PM
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. (Bowens, Priscilla) |
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service
Summons Issued
Tue 03/29 3:13 PM
Summons Issued as to All Defendants. (Bowens, Priscilla) |
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Att: 1
Laundromax summons
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| 4 | 4
misc
Proposed Summons/Civil Cover Sheet
Tue 03/29 2:14 PM
Proposed Summons. by Bertha Greene (Fraietta, Philip) |
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| 3 | 3
misc
Proposed Summons/Civil Cover Sheet
Tue 03/29 2:13 PM
Proposed Summons. by Bertha Greene (Fraietta, Philip) |
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| 2 | 2
misc
Proposed Summons/Civil Cover Sheet
Tue 03/29 2:07 PM
Civil Cover Sheet.. Re1 Complaint, by Bertha Greene (Fraietta, Philip) |
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| 1 | 1
11
pgs
cmp
Complaint
Tue 03/29 2:04 PM
COMPLAINT against Clean Rite Centers, LLC, Laundromax New England, LLC filing fee $ 402, receipt number ANYEDC-15419136 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Bertha Greene. (Fraietta, Philip) |
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Att: 1
Exhibit 1
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utility
Case Assigned/Reassigned
Tue 03/29 3:08 PM
Case Assigned to Judge Pamela K. Chen and Magistrate Judge Robert M. Levy. 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. (Bowens, Priscilla) |
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