Kittle v. Mavis Discount Tire, Inc. et al
| New York Eastern District Court | |
| Judge: | Nusrat J Choudhury |
| Case #: | 2:24-cv-02537 |
| Nature of Suit | 442 Civil Rights - Employment |
| Cause | 42:2000 Job Discrimination (Race) |
| Case Filed: | Apr 04, 2024 |
| Last checked: Tuesday Oct 01, 2024 4:30 AM EDT |
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Defendant
Greg Brown
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Represented By
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Defendant
Mavis Discount Tire, Inc.
300 S. Broadway
Hicksville, NY 11801 |
Represented By
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Plaintiff
Timothy Kittle
58 Heathcote Rd
Lindenhurst, NY 11757 |
Represented By
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| Docket last updated: 3 hours ago |
| Saturday, April 12, 2025 | ||
| 40 | 40
misc
Letter
Mon 04/14 2:56 PM
Letter from Timothy Kittle to Judges Choudhury and Shields dated 4/1/2025 Re: Inquiry Regarding Status of Sur-Reply Submission and Decision on Motion to Dismiss. (CV) |
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| 39 | 39
motion
Leave to File Document
Mon 04/14 2:52 PM
Letter MOTION for Leave to File Document Motion for Sanctions against former counsel, Paul Bartels, and Bell Law Group, PLLC by Timothy Kittle. (CV) |
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| Sunday, April 06, 2025 | ||
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order
Order on Motion to Compel
Sun 04/06 1:35 PM
ORDER: On December 26, 2024, the Court granted Plaintiff Timothy Kittle ("Kittle") leave to file a sur-reply in response to the Motion to Dismiss filed by Defendants Mavis Discount Tire, Inc. and Greg Brown. (Motion, ECF No. 24; Elec. Order Dec. 26, 2024.) A copy of the December 26, 2024 Order was mailed to Kittle at his address of record on December 27, 2024. (Elec. Notice Dec. 26, 2024). Kittle has not filed a sur-reply. Accordingly, briefing on Defendants' Motion to Dismiss is closed. The Court will issue a ruling based on the submissions filed by the parties to-date. ( See ECF Nos. 24-25, 32, 34-35, and 37.) Concerning Kittle's letter request for instructions regarding court procedure (ECF No. 33), the Court advises Kittle that it does not provide such instructions to litigants. As previously noted, the Court encourages all pro se litigants to consult with the Hofstra Law Pro Se Clinic located in the Central Islip Courthouse, which can provide free information, advice, and limited scope legal assistance to non-incarcerated pro se litigants. The Court notes that the Pro Se Clinic is not part of, nor affiliated with, the United States District Court. The Clinic offers services such as: providing brief legal counseling; advising you about potential federal claims prior to filing suit; explaining federal court rules and procedures; and reviewing and editing draft pleadings and correspondence with the Court. Additionally, the Clinic may aid you during the discovery process, and, in appropriate circumstances, may represent you at deposition or in the settlement process. Consultations with the Pro Se Clinic can be conducted remotely via telephone. If you wish to contact the Pro Se Clinic to make an appointment, email them at PSLAP@Hofstra.edu or leave a message at (631) 297-2575. Ordered by Judge Nusrat J. Choudhury on 4/6/2025. (DJL) |
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| Thursday, December 26, 2024 | ||
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order
Order(Other)
Thu 12/26 10:18 AM
ORDER: The Court has reviewed Plaintiff Timothy Kittle's letter re: recent access to the memorandum of the motion to dismiss on PACER ("Letter"), ECF No. 38. In the Letter, Kittle informs the Court that he was not able to access Defendants' memorandum in support of their motion to dismiss, ECF No. 25, prior the deadline for him to submit his memorandum in opposition, ECF No. 32. Accordingly, Kittle requests an opportunity to "correct or supplement" his opposition brief. The Court construes Kittle's Letter as a motion for leave to submit a sur-reply and GRANTS Kittle's motion. Kittle shall file any sur-reply by no later than Friday, January 17, 2025 . The sur-reply shall not exceed ten pages. Ordered by Judge Nusrat J. Choudhury on 12/26/2024. (DJL) |
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| Sunday, December 22, 2024 | ||
| 38 | 38
misc
Letter
Mon 12/23 11:50 AM
Letter from Pro Se Litigant, Timothy Kittle, dated 12/21/2024 to Judge Choudhury RE: my recent access to the Memorandum of the Motion to Dismiss on PACER. (AMF) |
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| Friday, December 06, 2024 | ||
| 37 | 37
respoth
Reply in Opposition
Tue 12/10 8:42 AM
REPLY in Opposition re34 Reply in Support filed by Timothy Kittle. (AMF) |
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| Thursday, December 05, 2024 | ||
| 36 | 36
misc
Letter
Thu 12/05 6:34 PM
Letter to Judge Choudhury re: Plaintiff's Sur-Reply by Mavis Discount Tire, Inc., Greg Brown (Yankwitt, Russell) |
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| Wednesday, December 04, 2024 | ||
| 35 | 35
respm
Response in Opposition to Motion
Thu 12/05 9:44 AM
RESPONSE in Opposition re24 MOTION to Dismiss for Failure to State a Claim filed by Timothy Kittle. (AMF) |
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| Thursday, November 21, 2024 | ||
| 34 | 34
respoth
Reply in Support
Thu 11/21 3:59 PM
REPLY in Support re24 MOTION to Dismiss for Failure to State a Claim filed by Mavis Discount Tire, Inc., Greg Brown. |
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| Monday, November 18, 2024 | ||
| 33 | 33
motion
Compel
Tue 11/19 10:50 AM
Letter MOTION to Compel /Clarification RE:failure to comply with any specific court requirments by Timothy Kittle. (AMF) |
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| Saturday, November 09, 2024 | ||
| 32 | 32
respm
Response in Opposition to Motion
Tue 11/12 10:07 AM
RESPONSE in Opposition re24 MOTION to Dismiss for Failure to State a Claim filed by Timothy Kittle. (AMF) |
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| Thursday, November 07, 2024 | ||
| 31 | 31
misc
Letter
Thu 11/07 10:38 AM
Letter by Mavis Discount Tire, Inc., Greg Brown (Yankwitt, Russell) |
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Att: 1
Judge Nusrat J. Choudhury's Individual Rules for Civil and Criminal Cases,
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Att: 2
Certificate of Service
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| Wednesday, November 06, 2024 | ||
| 30 | 30
4
pgs
order
Order on Motion to Appoint Counsel Order on Motion for Leave to Proceed In Forma Pauperis
Wed 11/06 11:54 AM
ORDER denying27 Motion to Appoint Counsel ; denying28 Motion for Leave to Proceed in forma pauperis. For the reasons set forth in the attached Order, Plaintiff's motion for the appointment of pro bono counsel to represent him in this case is denied without prejudice and with leave to renew at a later stage in this case if warranted at that time. Plaintiff may also hire his own counsel to represent him or he may proceed pro se and utilize the free limited scope legal representation available via the Hofstra Pro Se Clinic. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. See Coppedge v. United States , 369 U.S. 438, 44445 (1962). So Ordered by Magistrate Judge Anne Y. Shields on 11/6/2024. c/m pltf on 11/6/2024. (DM) |
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| Tuesday, October 22, 2024 | ||
| 29 | 29
service
Affidavit of Service
Thu 10/24 4:07 PM
AFFIDAVIT of Service for Application for the court to request counsel served on Russell M. Yankwitt and Michael H. Reed on 10/21/2024, filed by Timothy Kittle. (AMF) |
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| 28 | 28
motion
Proceed In Forma Pauperis
Thu 10/24 4:05 PM
MOTION for Leave to Proceed in forma pauperis in Support of the Application for the Court to Request Counsel by Timothy Kittle. (AMF) |
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| 27 | 27
motion
Appoint Counsel
Thu 10/24 4:03 PM
MOTION to Appoint Counsel by Timothy Kittle. (AMF) |
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| Thursday, September 19, 2024 | ||
| 25 | 25
18
pgs
respoth
Memorandum in Support
Thu 09/19 11:44 AM
MEMORANDUM in Support re24 MOTION to Dismiss for Failure to State a Claim filed by Greg Brown, Mavis Discount Tire, Inc.. (Suero Garcia, Waleska) |
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| 24 | 24
motion
Dismiss for Failure to State a Claim
Thu 09/19 11:42 AM
MOTION to Dismiss for Failure to State a Claim by Greg Brown, Mavis Discount Tire, Inc.. (Suero Garcia, Waleska) |
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| 23 | 23
misc
Letter
Thu 09/19 11:37 AM
Letter to Honorable Judge Choudhury regarding filing of Defendants' Motion to Dismiss by Greg Brown, Mavis Discount Tire, Inc. (Suero Garcia, Waleska) |
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| Thursday, September 12, 2024 | ||
| 22 | 22
service
Affidavit of Service
Thu 09/12 11:38 AM
AFFIDAVIT of Service for Sept. 9, 2024 Order served on Timothy Kittle on 09/11/2024, filed by Timothy Kittle. (Bartels, Paul) |
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Att: 1
Exhibit Priority Mail Receipt/Tracking,
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Att: 2
Exhibit Copy of Email to Plaintiff
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| Monday, September 09, 2024 | ||
| 21 | 21
minutes
Telephone Conference
Tue 09/10 10:05 AM
Minute Entry for proceedings held before Magistrate Judge Anne Y. Shields:Telephone Conference held on 9/9/2024 (FTR Log #1:36-1:46.) (JT) |
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order
Order on Motion to Withdraw as Attorney
Mon 09/09 2:14 PM
ORDER granting17 Motion to Withdraw as Attorney. As set forth on the record during the conference held on September 9, 2024, this Court hereby grants counsels' application to withdraw as attorney as there has been a breakdown in the attorney/client relationship. The Clerk of the Court is directed to terminate their appearances on the docket herein. Further, by November 12, 2024, Plaintiff is directed to either obtain new counsel or proceed pro se. By November 12, 2024, Plaintiff is directed to communicate with this Court, via letter, stating how Plaintiff will proceed in this matter. Plaintiff is advised that failure to communicate with this Court may result in this Court's recommendation to the District Court that the case be dismissed for failure to prosecute. If proceeding pro se, all pro se litigants are encouraged to consult with the Hofstra Law Pro Se Clinic located in the Central Islip Courthouse, which can provide free information, advice, and limited scope legal assistance to non-incarcerated pro se litigants. The Court notes that the Pro Se Clinic is not part of, nor affiliated with, the United States District Court. The Clinic offers services such as: providing brief legal counseling; advising you about potential federal claims prior to filing suit; explaining federal court rules and procedures; and reviewing and editing draft pleadings and correspondence with the Court. Additionally, the Clinic may aid you during the discovery process, and, in appropriate circumstances, may represent you at deposition or in the settlement process. Consultations with the Pro Se Clinic can be conducted remotely via telephone. If you wish to contact the Pro Se Clinic to make an appointment, email them at PSLAP@Hofstra.edu or leave a message at (631) 297-2575. Outgoing counsel are directed to serve a copy of this Order on Plaintiff and provide proof of service on ECF by September 12, 2024. Attorney Paul Andrew Bartels and Adam Grogan terminated. So Ordered by Magistrate Judge Anne Y. Shields on 9/9/2024. (DM) Modified on 9/9/2024 (JT) |
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| Tuesday, September 03, 2024 | ||
| 20 | 20
notice
Notice(Other)
Thu 09/05 10:55 AM
Request for Judicial Review of Attorney's Fees filed by Timothy Kittle. (AMF) |
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| 19 | 19
respm
Response in Opposition to Motion
Thu 09/05 10:52 AM
RESPONSE in Opposition re17 MOTION to Withdraw as Attorney filed by Timothy Kittle. (AMF) |
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| Monday, August 19, 2024 | ||
| 18 | 18
service
Affidavit of Service
Mon 08/19 10:33 AM
AFFIDAVIT of Service for August 16, 2024 Order served on Timothy Kittle on August 16, 2024, filed by Timothy Kittle. (Bartels, Paul) |
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Att: 1
Exhibit Copy of Email,
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Att: 2
Exhibit Copy of Certified Label/Receipt
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| Friday, August 16, 2024 | ||
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order
Scheduling Order
Fri 08/16 12:59 PM
SCHEDULING ORDER: re17 MOTION to Withdraw as Attorney filed by Timothy Kittle. A telephone conference regarding Plaintiff's counsels' motion to withdraw as attorney has been scheduled for September 9, 2024 at 1:30 PM. Plaintiff, as well as Plaintiff's counsel, are directed to call (571) 353-2301 at the time of the conference and enter Access Code 486362781 when prompted. Further, Plaintiff's counsel is directed to serve a copy of this order on Plaintiff and provide proof of service on ECF by August 20, 2024. So Ordered by Magistrate Judge Anne Y. Shields on 8/16/2024. (DM) |
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| Thursday, August 15, 2024 | ||
| 17 | 17
motion
Withdraw as Attorney
Thu 08/15 2:09 PM
MOTION to Withdraw as Attorney by Timothy Kittle. (Bartels, Paul) |
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| Wednesday, August 14, 2024 | ||
| 16 | 16
misc
Letter
Wed 08/14 10:14 AM
Letter to Honorable Judge Choudhury regarding service of Defendants' Motion to Dismiss by Greg Brown, Mavis Discount Tire, Inc. (Yankwitt, Russell) |
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| Wednesday, July 24, 2024 | ||
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utility
Email Test
Wed 07/24 4:40 PM
Email Notification Test - DO NOT REPLY (AMF) |
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| Tuesday, July 23, 2024 | ||
| 15 | 15
2
pgs
order
Order on Motion for Pre Motion Conference
Tue 07/23 2:51 PM
ORDER The Court has reviewed Defendants' letter Motion in anticipation of filing a motion to dismiss the Complaint, ECF No.11 . The Court finds that a pre-motion conference is not necessary at this time and waives the pre-motion conference requirement. The parties shall comply with the attached briefing schedule. The parties are directed to consult with the Court's Individual Rules, including the Court's recommended bundling practice. See Individual Rule 5.2. Consequently, all briefing shall be filed with the Court no later than September 19, 2024 . Ordered by Judge Nusrat J. Choudhury on 7/23/2024. (DE) |
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| Friday, June 21, 2024 | ||
| 14 | 14
respoth
Reply in Opposition
Fri 06/21 12:34 PM
REPLY in Opposition to Mavis' request for a Pre-Motion Conference in anticipation of its Rule 12(b)(6) motion to dismiss filed by Timothy Kittle. (Grogan, Adam) |
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| Tuesday, June 18, 2024 | ||
| 13 | 13
notice
Notice of Appearance
Tue 06/18 10:28 AM
NOTICE of Appearance by Michael Hayden Reed on behalf of Greg Brown, Mavis Discount Tire, Inc. (notification declined or already on case) |
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order
Order(Other)
Tue 06/18 9:36 AM
ORDER The Court has reviewed Defendants' request for a pre-motion conference regarding an anticipated motion to dismiss the Complaint. ECF No.11 . Any response shall be filed by June 21, 2024. Ordered by Judge Nusrat J. Choudhury on 6/18/2024. (DE) |
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| Monday, June 17, 2024 | ||
| 12 | 12
notice
Notice of Appearance
Mon 06/17 4:36 PM
NOTICE of Appearance by Waleska Suero Garcia on behalf of All Defendants (aty to be noticed) (Suero Garcia, Waleska) |
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order
Scheduling Order
Mon 06/17 9:50 AM
SCHEDULING ORDER: Due to the request for a pre-motion conference regarding Defendants' anticipated motion to dismiss, the initial conference scheduled for September 17, 2024 is CANCELLED. So Ordered by Magistrate Judge Anne Y. Shields on 6/17/2024. (DM) |
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misc
Consent to Jurisdiction by US Magistrate Judge - Declined
Mon 06/17 9:51 AM
NOTICE to Assign District Judge: The Clerk of Court is directed to reassign this case to a district judge. (DM) |
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utility
Case Assigned/Reassigned
Mon 06/17 11:47 AM
Case Reassigned to Judge Nusrat Jahan Choudhury and Magistrate Judge Anne Y. Shields. 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. (AC) |
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| Friday, June 14, 2024 | ||
| 11 | 11
motion
Pre Motion Conference
Fri 06/14 4:05 PM
MOTION for pre motion conference Regarding Defendants' Anticipated Motion to Dismiss by Greg Brown, Mavis Discount Tire, Inc.. |
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| Friday, April 26, 2024 | ||
| 10 | 10
order
Scheduling Order
Fri 04/26 2:54 PM
ORDER: An IN-PERSON Initial Conference is set for 9/17/2024 at 01:30 PM in Courtroom 840 before Magistrate Judge Anne Y. Shields. See order and attachment. Ordered by Magistrate Judge Anne Y. Shields on 4/26/2024. (JT) |
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Att: 1
AYS RULES
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| Thursday, April 18, 2024 | ||
| 9 | 9
service
Summons Returned Executed
Thu 04/18 1:34 PM
SUMMONS Returned Executed by Timothy Kittle. (Bartels, Paul) |
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| Tuesday, April 16, 2024 | ||
| 8 | 8
service
Waiver of Service Executed
Tue 04/16 12:32 PM
WAIVER OF SERVICE Returned Executed by Timothy Kittle. Greg Brown waiver sent on 4/15/2024, answer due 6/14/2024; Mavis Discount Tire, Inc. waiver sent on 4/15/2024, answer due 6/14/2024. (Bartels, Paul) |
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| Monday, April 08, 2024 | ||
| 7 | 7
service
Summons Issued
Mon 04/08 11:33 AM
Summons Issued as to All Defendants. (CL) (Attachment 1 replaced on 4/8/2024) (CL). (Attachment 1 replaced on 4/8/2024) (CL) |
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Att: 1
Summons #2
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| 6 | 6
notice
Notice of Opportunity to Consent
Mon 04/08 11:01 AM
Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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 is also available here:[LINK:https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program.] Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website:[LINK:https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program.] (CL) |
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utility
Case Assigned/Reassigned
Mon 04/08 10:59 AM
Case Assigned to Magistrate Judge Anne Y. Shields. 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. (CL) |
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| Friday, April 05, 2024 | ||
| 5 | 5
misc
Quality Control Check - Attorney Case Opening
Fri 04/05 2:43 PM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) |
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| 4 | 4
misc
Proposed Summons/Civil Cover Sheet
Fri 04/05 12:33 PM
Proposed Summons.Civil Cover Sheet.. by Timothy Kittle (Bartels, Paul) |
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Att: 1
Proposed Summons,
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Att: 2
Proposed Summons
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notice
Notice: Re: Incomplete Civil Cover Sheet
Fri 04/05 9:55 AM
NOTICE: Incomplete Civil Cover Sheet. The Civil Cover Sheet was not filled out correctly - The Clerk's Office cannot assign this case without a completed 2 Page Form Civil Cover Sheet. Please resubmit a COMPLETED Civil Cover Sheet including the SECOND PAGE. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet (CV) |
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| Thursday, April 04, 2024 | ||
| 3 | 3
NOTICE of Appearance by Adam Grogan on behalf of Timothy Kittle (aty to be noticed) (Grogan, Adam)
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| 2 | 2
Proposed Summons.Civil Cover Sheet.. by Timothy Kittle (Bartels, Paul)
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Att: 1
Proposed Summons,
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Att: 2
Proposed Summons
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| 1 | 1
COMPLAINT against Greg Brown, Mavis Discount Tire, Inc. filing fee $ 405, receipt number ANYEDC-17743323 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Timothy Kittle. (Bartels, Paul)
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