Seibert et al v. Federal Deposit Insurance Corporation
| New York Southern District Court | |
| Judge: | Jessica G L Clarke |
| Case #: | 1:24-cv-00427 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 12:1821 FDIC: Insurance Funds |
| Case Filed: | Jan 19, 2024 |
| Last checked: Friday Jul 19, 2024 4:40 AM EDT |
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Defendant
Federal Deposit Insurance Corporation
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Represented By
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Plaintiff
Jason Cahn
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Represented By
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Plaintiff
Quinn Leahy
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Represented By
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Plaintiff
Sarmen Saryan
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Represented By
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Plaintiff
Joseph Seibert
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Represented By
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Plaintiff
David D'Amico
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Represented By
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| Docket last updated: 09/16/2024 11:59 PM EDT |
| Thursday, August 15, 2024 | ||
| 41 | 41
respm
Reply Memorandum of Law in Support of Motion
Thu 08/15 3:09 PM
REPLY MEMORANDUM OF LAW in Support re:32 MOTION to Dismiss the Amended Complaint . . Document filed by Federal Deposit Insurance Corporation..(Orsini, John) |
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| Monday, July 22, 2024 | ||
| 39 | 39
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respm
Memorandum of Law in Opposition to Motion
Mon 07/22 5:03 PM
MEMORANDUM OF LAW in Opposition re:32 MOTION to Dismiss the Amended Complaint . . Document filed by Jason Cahn, David D'Amico, Quinn Leahy, Sarmen Saryan, Joseph Seibert..(Gallagher, Joseph) |
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| Thursday, July 18, 2024 | ||
| 38 | 38
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pgs
order
Order on Motion for Extension of Time to File Response/Reply
Thu 07/18 4:31 PM
ORDER granting37 Letter Motion for Extension of Time to File Response/Reply Application GRANTED. Plaintiffs' opposition due July 22, 2024 and Defendants' reply due August 15, 2024. The Clerk of Court is directed to terminate ECF No. 37. SO ORDERED. Responses due by 7/22/2024 Replies due by 8/15/2024.. (Signed by Judge Jessica G. L. Clarke on 7/18/2024) (jca) |
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| 37 | 37
motion
Extension of Time to File Response/Reply
Thu 07/18 11:07 AM
LETTER MOTION for Extension of Time to File Response/Reply as to32 MOTION to Dismiss the Amended Complaint . addressed to Judge Jessica G. L. Clarke from Joseph Gallagher dated July 18, 2024. Document filed by Jason Cahn, David D'Amico, Quinn Leahy, Sarmen Saryan, Joseph Seibert..(Gallagher, Joseph) |
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| Tuesday, July 02, 2024 | ||
| 40 | 40
order
Memo Endorsement
Wed 08/14 3:22 PM
MEMO ENDORSEMENT on re: [8 in 24cv1425 Letter Motion for Extension of Time to Answer re: 1 Complaint, addressed to Judge Jessica G. L. Clarke from John N. Orsini dated July 1, 2024. ENDORSEMENT: Application GRANTED. Defendant to answer, move, or otherwise response to the Complaint by July 19, 2024. The Clerk of Court is directed to terminate ECF No. 8. SO ORDERED. (Signed by Judge Jessica G. L. Clarke on 7/1/2024) (mml) |
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| Thursday, June 20, 2024 | ||
| 36 | 36
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pgs
order
Order on Motion for Extension of Time to File Response/Reply
Thu 06/20 3:59 PM
ORDER granting35 Letter Motion for Extension of Time to File Response/Reply re35 JOINT LETTER MOTION for Extension of Time to File Response/Reply as to32 MOTION to Dismiss the Amended Complaint . addressed to Judge Jessica G. L. Clarke from Joseph Gallagher dated June 18, 2024.,32 MOTION to Dismiss the Amended Complaint . Application GRANTED. Plaintiffs to file their opposition by July 19, 2024 and Defendant to file its reply by August 12, 2024. The Clerk of Court is directed to terminate ECF No. 35. SO ORDERED. Responses due by 7/19/2024 Replies due by 8/12/2024. (Signed by Judge Jessica G. L. Clarke on 6/20/2024) (tg) |
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| Tuesday, June 18, 2024 | ||
| 35 | 35
motion
Extension of Time to File Response/Reply
Tue 06/18 11:01 AM
JOINT LETTER MOTION for Extension of Time to File Response/Reply as to32 MOTION to Dismiss the Amended Complaint . addressed to Judge Jessica G. L. Clarke from Joseph Gallagher dated June 18, 2024. Document filed by Jason Cahn, David D'Amico, Quinn Leahy, Sarmen Saryan, Joseph Seibert..(Gallagher, Joseph) |
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| Wednesday, June 12, 2024 | ||
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order
Order on Motion to Dismiss
Wed 06/12 10:52 AM
ORDER In light of Defendant's renewed motion to dismiss, ECF No.32 , the motion to dismiss at ECF No.20 is hereby DENIED as moot. (HEREBY ORDERED by Judge Jessica G. L. Clarke)(Text Only Order) (Clarke, Jessica) |
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| Tuesday, June 11, 2024 | ||
| 34 | 34
respm
Declaration in Support of Motion
Tue 06/11 3:22 PM
DECLARATION of Sofia Syed, Esq. in Support re:32 MOTION to Dismiss the Amended Complaint .. Document filed by Federal Deposit Insurance Corporation..(Orsini, John) |
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Att: 1
Exhibit A: Signature Bank Employee Handbook,
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Att: 2
Exhibit B: Plaintiffs' Acknowledgements of Handbook
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| 33 | 33
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respm
Memorandum of Law in Support of Motion
Tue 06/11 3:19 PM
MEMORANDUM OF LAW in Support re:32 MOTION to Dismiss the Amended Complaint . . Document filed by Federal Deposit Insurance Corporation..(Orsini, John) |
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| 32 | 32
motion
Dismiss
Tue 06/11 3:18 PM
MOTION to Dismiss the Amended Complaint . Document filed by Federal Deposit Insurance Corporation..(Orsini, John) |
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| Tuesday, June 04, 2024 | ||
| 31 | 31
misc
Letter
Tue 06/04 6:25 PM
LETTER addressed to Judge Jessica G. L. Clarke from Joseph Gallagher dated June 4, 2024 re: Consolidation. Document filed by Jason Cahn, David D'Amico, Quinn Leahy, Sarmen Saryan, Joseph Seibert..(Gallagher, Joseph) |
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| Tuesday, May 28, 2024 | ||
| 30 | 30
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order
Order ~Util - Set Deadlines
Tue 05/28 5:56 PM
ORDER: On January 19, 2024, Plaintiffs Joseph Seibert, David D'Amico, Jason Cahn, Quinn Leahy and Sarmen Saryan filed a Complaint in 24-CV-427 against Defendant the Federal Deposit Insurance Corporation, as receiver for Signature Bank, N.A. and Signature Bridge Bank, N.A. See 24-CV-427, ECF No. 1. On February 25, 2024, Plaintiff Elena Oleynikova filed a similar Complaint in 24-CV-1425 against Defendant the Federal Deposit Insurance Corporation, as receiver for Signature Bank, N.A. and Signature Bridge Bank, N.A. See 24-CV-1425, ECF No. 1. As of the date of this Order, no motion for consolidation has been filed, but the cases appear to involve common questions of law and fact. The Court is inclined to consolidate the cases at this time, pursuant to Rule 42 of the Federal Rules of Civil Procedure, for general pretrial and discovery purposes. Any party who objects to such consolidation shall file a letter brief, not to exceed three single-spaced pages, by June 4, 2024. If no party files a letter opposing consolidation, the Court will consolidate the two cases without further notice to the parties. SO ORDERED. ( Brief due by 6/4/2024.) (Signed by Judge Jessica G. L. Clarke on 5/28/2024) (tg) |
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| Thursday, May 09, 2024 | ||
| 29 | 29
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pgs
order
Order on Motion for Extension of Time
Thu 05/09 3:30 PM
ORDER granting28 Letter Motion for Extension of Time. Application GRANTED. The time to answer, move, or otherwise respond to the Amended Complaint is extended to June 11, 2024. The Clerk of Court is directed to terminate ECF No. 28.SO ORDERED. (Signed by Judge Jessica G. L. Clarke on 5/9/24) (yv) |
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| 28 | 28
motion
Extension of Time
Thu 05/09 10:40 AM
LETTER MOTION for Extension of Time to Respond to Amended Complaint addressed to Judge Jessica G. L. Clarke from John N. Orsini dated May 9, 2024. Document filed by Federal Deposit Insurance Corporation..(Orsini, John) |
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utility
Set/Reset Deadlines
Thu 05/09 3:31 PM
Set/Reset Deadlines: Federal Deposit Insurance Corporation answer due 6/11/2024. (yv) |
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| Wednesday, May 08, 2024 | ||
| 27 | 27
misc
Exhibit to Pleading
Wed 05/08 3:50 PM
EXHIBIT TO PLEADING re:26 Amended Complaint,,. Document filed by Jason Cahn, David D'Amico, Quinn Leahy, Sarmen Saryan, Joseph Seibert..(Gallagher, Joseph) |
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misc
Notice to Attorney Regarding Deficient Pleading
Wed 05/08 11:14 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Joseph Terence Gallagher re: Document No. 26 Amended Complaint. The filing is deficient for the following reason(s): the pleading is amended more than 21 days after service of a responsive pleading; the order granting permission to file the pleading was not attached; Court's leave has not been grante. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (vf) Modified on 5/8/2024 (vf) |
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| Tuesday, May 07, 2024 | ||
| 26 | 26
cmp
Amended Complaint
Tue 05/07 6:34 PM
AMENDED COMPLAINT amending1 Complaint,10 Complaint, against Federal Deposit Insurance Corporation with JURY DEMAND.Document filed by Joseph Seibert, Quinn Leahy, Jason Cahn, David D'Amico, Sarmen Saryan. Related document:1 Complaint,10 Complaint,..(Gallagher, Joseph) |
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Att: 1
Exhibit A - Seibert,
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Att: 2
Exhibit B - D'Amico,
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Att: 3
Exhibit C - Saryan,
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Att: 4
Exhibit D - Leahy,
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Att: 5
Exhibit E - Cahn,
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Att: 6
Exhibit F - February 2022 Grid,
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Att: 7
Exhibit G - Redline
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| Wednesday, April 24, 2024 | ||
| 25 | 25
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order
Order on Motion to Stay
Wed 04/24 1:19 PM
ORDER granting24 Letter Motion to Stay re:24 LETTER MOTION to Stay Discovery Pursuant to Federal Rule of Civil Procedure 26(c) and Individual Rule 4(k) addressed to Judge Jessica G. L. Clarke from John N. Orsini dated April 23, 2024. Based on the parties' submission, the Court stays discovery and adjourns the initial pretrial conference previously scheduled for May 2, 2024 sine die. The factors set forth in the parties' letter weigh in favor of a stay. Defendant has moved to dismiss this case, and although Plaintiffs intend to amend the Complaint, it remains possible that this action will be resolved in its entirety at the motion to dismiss stage. Defendant also identifies prejudice and substantial costs it will incur if discovery is not stayed. Plaintiffs, on the other hand, identify no prejudice. Furthermore, there is no reason to believe that the documents Plaintiffs are seeking Defendant produce now will be unavailable later if the case is stayed. For those reasons, the court grants Defendant's requested stay. The Clerk of Court is directed to terminate ECF No. 24. SO ORDERED.. (Signed by Judge Jessica G. L. Clarke on 4/24/2024) (jca) |
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| Tuesday, April 23, 2024 | ||
| 24 | 24
motion
Stay
Tue 04/23 10:40 AM
LETTER MOTION to Stay Discovery Pursuant to Federal Rule of Civil Procedure 26(c) and Individual Rule 4(k) addressed to Judge Jessica G. L. Clarke from John N. Orsini dated April 23, 2024. Document filed by Federal Deposit Insurance Corporation..(Orsini, John) |
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Att: 1
Exhibit A: Order dated January 19, 2024 in Rise Development Partners, LLC, et al. v. Signature Bank, et al.
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| Wednesday, April 17, 2024 | ||
| 23 | 23
misc
Letter
Wed 04/17 2:24 PM
LETTER addressed to Judge Jessica G. L. Clarke from Joseph Gallagher dated April 17, 2024 re: Notice per Individual Rule 4(e). Document filed by Jason Cahn, David D'Amico, Quinn Leahy, Sarmen Saryan, Joseph Seibert..(Gallagher, Joseph) |
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| Tuesday, April 09, 2024 | ||
| 22 | 22
respm
Declaration in Support of Motion
Tue 04/09 5:31 PM
DECLARATION of Sofia Syed in Support re:20 MOTION to Dismiss .. Document filed by Federal Deposit Insurance Corporation..(Orsini, John) |
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Att: 1
Exhibit A: Signature Bank Employee Handbook,
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Att: 2
Exhibit B: Plaintiffs' Acknowledgements of Handbook
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| 21 | 21
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respm
Memorandum of Law in Support of Motion
Tue 04/09 5:28 PM
MEMORANDUM OF LAW in Support re:20 MOTION to Dismiss . . Document filed by Federal Deposit Insurance Corporation..(Orsini, John) |
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| 20 | 20
motion
Dismiss
Tue 04/09 5:27 PM
MOTION to Dismiss . Document filed by Federal Deposit Insurance Corporation..(Orsini, John) |
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| Friday, March 29, 2024 | ||
| 19 | 19
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pgs
order
Order on Motion for Extension of Time to Answer
Fri 03/29 4:19 PM
ORDER granting18 Letter Motion for Extension of Time to Answer re18 LETTER MOTION for Extension of Time to File Answer addressed to Judge Jessica G. L. Clarke from John N. Orsini dated March 25, 2024. Application GRANTED. Defendant to answer, move or otherwise respond to the Complaint by April 9, 2024. SO ORDERED. (Signed by Judge Jessica G. L. Clarke on 3/29/2024) Federal Deposit Insurance Corporation answer due 4/9/2024 (ks) |
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| Monday, March 25, 2024 | ||
| 18 | 18
motion
Extension of Time to File Answer
Mon 03/25 2:55 PM
LETTER MOTION for Extension of Time to File Answer addressed to Judge Jessica G. L. Clarke from John N. Orsini dated March 25, 2024. Document filed by Federal Deposit Insurance Corporation..(Orsini, John) |
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| Friday, March 01, 2024 | ||
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utility
Case Accepted as Related
Fri 03/01 11:32 AM
CASE ACCEPTED AS RELATED. Create association to 1:24-cv-01425-UA. Notice of Assignment to follow. (tro) |
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| Thursday, February 29, 2024 | ||
| 17 | 17
notice
Notice of Appearance
Thu 02/29 4:27 PM
NOTICE OF APPEARANCE by Sofia Syed on behalf of Federal Deposit Insurance Corporation..(Syed, Sofia) |
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| 16 | 16
notice
Notice of Appearance
Thu 02/29 4:15 PM
NOTICE OF APPEARANCE by John Nicholas Orsini on behalf of Federal Deposit Insurance Corporation..(Orsini, John) |
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| Monday, February 12, 2024 | ||
| 15 | 15
service
Affidavit of Service as to USA
Mon 02/12 12:53 PM
AFFIDAVIT OF SERVICE of Summons and Complaint, served. Service was accepted by Osrick Gordon, Clerk, Southern District of New York Civil Division, United States Attorneys' Office. Document filed by Joseph Seibert, Quinn Leahy, Jason Cahn, David D'Amico, Sarmen Saryan..(Gallagher, Joseph) |
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| 14 | 14
service
Affidavit of Service as to USA
Mon 02/12 12:49 PM
AFFIDAVIT OF SERVICE of Summons and Complaint, served. Federal Deposit Insurance Corporation served on 2/2/2024, answer due 4/2/2024. Service was accepted by Vincenza Cipriano, Intake Specialist, CT Corporation System. Document filed by Joseph Seibert; Quinn Leahy; Jason Cahn; David D'Amico ; Sarmen Saryan..(Gallagher, Joseph) |
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| 13 | 13
service
Affidavit of Service as to USA
Mon 02/12 12:46 PM
AFFIDAVIT OF SERVICE of Summons and Complaint, served. Service was made by Mail to Attorney General of the U.S., Dept. of Justice, 950 Pennsylvania Avenue NW, Washington, DC 20530. Document filed by Joseph Seibert, Quinn Leahy, Jason Cahn, David D'Amico, Sarmen Saryan..(Gallagher, Joseph) |
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| 12 | 12
service
Affidavit of Service as to USA
Mon 02/12 12:42 PM
AFFIDAVIT OF SERVICE of Summons and Complaint, served. Service was made by Mail to Merrick Garland, U.S. Dept. of Justice, 10th & Constitutional Avenue, N.W, Washington, DC 20530. Document filed by Joseph Seibert, Quinn Leahy, Jason Cahn, David D'Amico, Sarmen Saryan..(Gallagher, Joseph) |
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| 11 | 11
service
Affidavit of Service as to USA
Mon 02/12 12:34 PM
AFFIDAVIT OF SERVICE of Summons and Complaint, served. Federal Deposit Insurance Corporation served on 2/1/2024, answer due 4/1/2024. Service was made by Mail to FDIC c/o CT Corporation System, 28 Liberty Street, New York, NY 10005. Document filed by Joseph Seibert; Quinn Leahy; Jason Cahn; David D'Amico ; Sarmen Saryan..(Gallagher, Joseph) |
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| Monday, January 22, 2024 | ||
| 10 | 10
cmp
Complaint
Mon 01/22 5:04 PM
COMPLAINT against Federal Deposit Insurance Corporation. Document filed by Joseph Seibert, Quinn Leahy, Jason Cahn, David D'Amico, Sarmen Saryan..(Gallagher, Joseph) |
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Att: 1
Exhibit A - Seibert,
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Att: 2
Exhibit B - DAmico,
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Att: 3
Exhibit C - Saryan,
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Att: 4
Exhibit D - Leahy,
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Att: 5
Exhibit E - Cahn
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| 9 | 9
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pgs
order
Order for Initial Pretrial Conference
Mon 01/22 4:48 PM
NOTICE OF INITIAL PRETRIAL CONFERENCE: The conference will be held remotely by Microsoft Teams. All counsel must familiarize themselves with the Court's Individual Rules and Practices, which are available at https://nysd.uscourts.gov/hon-jessica-g-l-clarke. All parties are required to register promptly as filing users on ECF. As further set forth by this Order. SO ORDERED. Initial Conference set for 5/2/2024 at 10:00 AM before Judge Jessica G. L. Clarke. (Signed by Judge Jessica G. L. Clarke on 1/22/2024) (tg) |
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| 8 | 8
order
Memo Endorsement
Mon 01/22 4:43 PM
MEMO ENDORSEMENT on re:7 Letter filed by Quinn Leahy, David D'Amico, Jason Cahn, Joseph Seibert, Sarmen Saryan. ENDORSEMENT: Application GRANTED. Plaintiff may file a corrected complaint. SO ORDERED. (Signed by Judge Jessica G. L. Clarke on 1/22/2024) (tg) |
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| 7 | 7
misc
Letter
Mon 01/22 3:16 PM
LETTER addressed to Judge Jessica G. L. Clarke from Joseph Gallagher dated January 22, 2024 re: Corrected Complaint. Document filed by Jason Cahn, David D'Amico, Quinn Leahy, Sarmen Saryan, Joseph Seibert..(Gallagher, Joseph) |
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| 6 | 6
service
Summons Issued
Mon 01/22 2:37 PM
ELECTRONIC SUMMONS ISSUED as to Federal Deposit Insurance Corporation..(pc) |
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notice
Case Opening Initial Assignment Notice
Mon 01/22 10:59 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jessica G. L. Clarke. 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
Mon 01/22 11:01 AM
Magistrate Judge Robert W. Lehrburger is designated to handle matters that may be referred in this case. 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
Mon 01/22 11:04 AM
Case Designated ECF. (pc) |
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misc
Notice to Attorney Regarding Party Modification
Mon 01/22 11:05 AM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Joseph Terence Gallagher. The party information for the following party/parties has been modified: Federal Deposit Insurance Corporation, as receiver for Signature Bank, N.A. and Signature Bridge Bank, N.A.. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc) |
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| Friday, January 19, 2024 | ||
| 5 | 5
notice
Notice of Appearance
Fri 01/19 3:34 PM
NOTICE OF APPEARANCE by Jonathan Andrew Harris on behalf of Jason Cahn, David DAmico, Quinn Leahy, Sarmen Saryan, Joseph Seibert..(Harris, Jonathan) |
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| 4 | 4
notice
Notice of Appearance
Fri 01/19 3:30 PM
NOTICE OF APPEARANCE by Joseph Terence Gallagher on behalf of Jason Cahn, David DAmico, Quinn Leahy, Sarmen Saryan, Joseph Seibert..(Gallagher, Joseph) |
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| 3 | 3
service
Request for Issuance of Summons
Fri 01/19 3:28 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Federal Deposit Insurance Corporation, as receiver for Signature Bank, N.A. and Signature Bridge Bank, N.A., re:1 Complaint,. Document filed by Jason Cahn, David DAmico, Quinn Leahy, Sarmen Saryan, Joseph Seibert..(Gallagher, Joseph) |
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| 2 | 2
misc
Civil Cover Sheet
Fri 01/19 3:24 PM
CIVIL COVER SHEET filed..(Gallagher, Joseph) |
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| 1 | 1
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cmp
Complaint
Fri 01/19 3:08 PM
COMPLAINT against Federal Deposit Insurance Corporation, as receiver for Signature Bank, N.A. and Signature Bridge Bank, N.A.. (Filing Fee $ 405.00, Receipt Number ANYSDC-28834231)Document filed by Joseph Seibert, Quinn Leahy, Jason Cahn, David DAmico, Sarmen Saryan..(Gallagher, Joseph) |
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