Mahoney et al v. Whiteman Osterman & Hanna, LLP et al
| New York Northern District Court | |
| Judge: | Anne M Nardacci |
| Referred: | Daniel J Stewart |
| Case #: | 1:24-cv-00815 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity - Legal Malpractice |
| Case Filed: | Jun 26, 2024 |
| Last checked: Monday Dec 23, 2024 3:25 AM EST |
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Defendant
Vincent Valenza, Esq.
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Represented By
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Defendant
Whiteman Osterman & Hanna, LLP
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Represented By
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Plaintiff
JDM Enterprises, Inc.
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Represented By
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Plaintiff
J. David Mahoney
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Represented By
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ThirdParty Defendant
Girvin & Ferlazzo, P.C.
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Represented By
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ThirdParty Plaintiff
Vincent Valenza, Esq.
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Represented By
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ThirdParty Plaintiff
Whiteman Osterman & Hanna, LLP
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Represented By
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| Docket last updated: 1 hours ago |
| Thursday, March 20, 2025 | ||
| 45 | 45
order
Order on Letter Request
Thu 03/20 6:36 PM
TEXT ORDER granting44 Letter Request removing Matthew Rimkunas, Esq. from representation of the Plaintiffs in this matter. SO ORDERED by Magistrate Judge Daniel J. Stewart on 3/20/2025. (spl) |
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| Tuesday, March 18, 2025 | ||
| 44 | 44
motion
Letter Request/Motion
Tue 03/18 4:24 PM
Letter Motion from Matthew W. Rimkunas, Esq. for JDM Enterprises, Inc., J. David Mahoney requesting removal of representation from docket . (Rimkunas, Matthew) |
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| Monday, March 03, 2025 | ||
| 43 | 43
minutes
Settlement Conference
Mon 03/03 3:03 PM
TEXT MINUTE ENTRY for Settlement Conference held on 3/3/2025 before Magistrate Judge Daniel J. Stewart: The Court held settlement discussions with the parties in this matter; the parties were unable to reach a settlement. [Appearances: Matthew D. Wagoner, Esq. with and for Plaintiff David Mahoney; Amanda Miller, Esq. with and for Third-Party Defendant Girvin & Ferlazzo, P.C. (Sal Ferlazzo appearing); and Benjamin Wisher, Esq. and David S. Wilck, Esq. with and for Defendant Vincent Valenza and Defendant Whiteman Osterman & Hanna, LLP (John Henry and Chris McDonald appearing). Time: 10:57 AM-1:33 PM] (spl) |
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| Friday, February 28, 2025 | ||
| 42 | 42
notice
Notice of Change of Address
Fri 02/28 11:44 AM
NOTICE OF CHANGE OF ADDRESS by Matthew D. Wagoner Effective Date February 28, 2025 Old Address: 150 State Street, Suite 504, Albany, NY 12207 New Address: 19 Dove Street, Suite 202, Albany, New York 12210 (Wagoner, Matthew) |
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| 41 | 41
notice
Notice of Appearance
Fri 02/28 11:36 AM
NOTICE OF APPEARANCE by Matthew D. Wagoner on behalf of JDM Enterprises, Inc. (Wagoner, Matthew) |
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| 40 | 40
notice
Notice of Appearance
Fri 02/28 11:30 AM
NOTICE OF APPEARANCE by Scott Fitzgerald Owen on behalf of JDM Enterprises, Inc. (Owen, Scott) |
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| 39 | 39
notice
Notice of Appearance
Fri 02/28 9:53 AM
NOTICE OF APPEARANCE by Amanda Miller on behalf of Girvin & Ferlazzo, P.C. (Miller, Amanda) |
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misc
Text Notice of Filing Deficiency
Fri 02/28 1:26 PM
TEXT NOTICE OF FILING DEFICIENCY regarding the40 Notice of Appearance. NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Attorney address and/or email address contained in the document does not match the NYND attorney admission records. Counsel is directed to update their information in PACER within 3 days from this notice. Notice of Filing Deficiency Deadline 2/26/2025 (ham) |
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misc
Text Notice of Filing Deficiency
Fri 02/28 1:27 PM
TEXT NOTICE OF FILING DEFICIENCY regarding the41 Notice of Appearance. NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Attorney address and/or email address contained in the document does not match the NYND attorney admission records. Counsel is directed to update their information in PACER within 3 days from this notice. Notice of Filing Deficiency Deadline 3/5/2025 (ham) |
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misc
Text Notice of Filing Deficiency
Fri 02/28 1:34 PM
AMENDED TEXT NOTICE OF FILING DEFICIENCY regarding the40 Notice of Appearance, and correcting deadline in prior Text Notice of Filing Deficiency. NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Attorney address and/or email address contained in the document does not match the NYND attorney admission records. Counsel is directed to update their information in PACER within 3 days from this notice. Notice of Filing Deficiency Deadline 3/5/2025 (ham) |
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| Wednesday, February 26, 2025 | ||
| 38 | 38
notice
Notice - Other
Wed 02/26 4:00 PM
NOTICE re 36 ORDER SETTING 3/3/2025 SETTLEMENT CONFERENCE: Reminder that the conference shall be attended, IN-PERSON, by lead counsel, any individual parties or a representative of the parties with full and final settlement authority . The parties are directed to submit a realistic demand and offer with a copy to be received by Chambers, as well as an ex parte statement setting forth the material facts of the case and the position of each party. Said materials should be submitted to Courtroom Deputy Sandra Light at sandra_light@nynd.uscourts.gov by 2/28/2025 by 3 p.m. These confidential statements shall not be filed with the Court Clerk or served upon opposing counsel. (spl) |
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| Tuesday, February 25, 2025 | ||
| 37 | 37
misc
Status Report
Tue 02/25 4:12 PM
STATUS REPORT letter to Judge Stewart advising third-party defendants continue to take a no-pay position relative to the upcoming 3/3/2025 settlement conference by Girvin & Ferlazzo, P.C.. (Cronmiller, Thomas) |
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| Wednesday, January 29, 2025 | ||
| 36 | 36
order
Order
Wed 01/29 7:29 PM
ORDER SETTING SETTLEMENT CONFERENCE re35 Notice filed by J. David Mahoney, JDM Enterprises, Inc. The Court is in receipt of the Letter Request seeking mediation/Settlement Conference before Magistrate Judge Daniel J. Stewart in this matter. Judge Stewart will hold this conference on 3/03/2025, in-person, at 11:00AM promptly and requires the appearance of counsel, and the individual parties or a representative of the party with full and final settlement authority. SO ORDERED by Magistrate Judge Daniel J. Stewart on 1/29/2025. (spl) |
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| 35 | 35
notice
Notice - Other
Wed 01/29 11:42 AM
NOTICE by J. David Mahoney, JDM Enterprises, Inc. Letter to the Court Proposed Mediation Dates (Wagoner, Matthew) |
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| Thursday, December 19, 2024 | ||
| 34 | 34
respm
Response in Support of Motion
Thu 12/19 2:27 PM
RESPONSE in Support re31 Motion to Dismiss for Failure to State a Claim, filed by Girvin & Ferlazzo, P.C.. (Sanders, Paul) |
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| 33 | 33
notice
Notice of Appearance
Thu 12/19 2:25 PM
NOTICE OF APPEARANCE by Paul A. Sanders on behalf of Girvin & Ferlazzo, P.C. (Sanders, Paul) |
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| Friday, December 13, 2024 | ||
| 32 | 32
respm
Response in Opposition to Motion
Fri 12/13 12:05 PM
RESPONSE in Opposition re31 Motion to Dismiss for Failure to State a Claim, Memorandum of Law in Opposition filed by Whiteman Osterman & Hanna, LLP, Vincent Valenza, Esq. (Queenan, John) |
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| Friday, November 22, 2024 | ||
| 31 | 31
motion
Dismiss for Failure to State a Claim
Fri 11/22 9:23 AM
MOTION to Dismiss for Failure to State a Claim filed by Girvin & Ferlazzo, P.C.. Motion returnable before Judge Anne M. Nardacci Response to Motion due by 12/13/2024. Reply to Response to Motion due by 12/20/2024 (Cronmiller, Thomas) |
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Att: 1
Memorandum of Law
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| Thursday, November 14, 2024 | ||
| 30 | 30
order
Order on Motion for Extension of Time to Answer
Thu 11/14 11:50 AM
TEXT ORDER granting29 Motion for Extension of Time to Answer Girvin & Ferlazzo, P.C. answer due 12/2/2024. SO ORDERED by Magistrate Judge Daniel J. Stewart on 11/14/2024. (egr) |
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| Thursday, November 07, 2024 | ||
| 29 | 29
motion
Extension of Time to File Answer
Thu 11/07 4:20 PM
MOTION for Extension of Time to File Answer re21 Third Party Complaint by Stipulation filed by Girvin & Ferlazzo, P.C.. Response to Motion due by 12/2/2024 Motions referred to Daniel J. Stewart. (Cronmiller, Thomas) |
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| 28 | 28
notice
Notice of Appearance
Thu 11/07 4:18 PM
NOTICE OF APPEARANCE by Thomas B. Cronmiller on behalf of Girvin & Ferlazzo, P.C. (Cronmiller, Thomas) |
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| Tuesday, October 29, 2024 | ||
| 27 | 27
order
Order on Letter Request
Tue 10/29 3:54 PM
TEXT ORDER granting25 Letter Request. Parties are directed to inform the court before 1/31/2025 when they are ready to participate in a settlement conference before the undersigned. SO ORDERED by Magistrate Judge Daniel J. Stewart on 10/29/2024. (egr) |
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| 26 | 26
order
Order Removing Case from ADR
Tue 10/29 3:40 PM
TEXT ORDER Removing Case from ADR Program: Participation in the Court's Mandatory Mediation Program is exempted. Counsel are to advise the Court by January 31, 2025 with their availability to participate in a settlement conference before the undersigned.SO ORDERED by Magistrate Judge Daniel J. Stewart on 10/29/2024. (egr) |
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| 25 | 25
motion
Letter Request/Motion
Tue 10/29 12:30 PM
Letter Motion from Benjamin J. Wisher, Esq. for Vincent Valenza, Esq, Whiteman Osterman & Hanna, LLP .(Wisher, Benjamin) |
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Att: 1
Exhibit(s) Proposed Stipulation and Order Selecting Mediator
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| Monday, October 28, 2024 | ||
| 24 | 24
respm
Reply to Response to Motion
Mon 10/28 4:45 PM
REPLY to Response to Motion re15 Motion to Dismiss, filed by Vincent Valenza, Esq, Whiteman Osterman & Hanna, LLP. (Wilck, David) |
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| Wednesday, October 23, 2024 | ||
| 23 | 23
service
Summons Issued
Wed 10/23 1:29 PM
Summons Issued as to ThirdParty Defendant Girvin & Ferlazzo, P.C. (ztc) |
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| 22 | 22
service
Request for Issuance of Summons(es)
Wed 10/23 11:46 AM
REQUEST FOR ISSUANCE OF SUMMONS(ES): Whiteman Osterman & Hanna, LLP, Vincent Valenza, Esq is requesting summons(es) be issued as to Girvin & Ferlazzo, P.C. re:21 Third Party Complaint. (Wilck, David) |
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| 21 | 21
cmp
Third Party Complaint
Wed 10/23 11:43 AM
THIRD PARTY COMPLAINT against Girvin & Ferlazzo, P.C. filed by Whiteman Osterman & Hanna, LLP, Vincent Valenza, Esq.(Wilck, David) |
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| Monday, October 21, 2024 | ||
| 20 | 20
respm
Response in Opposition to Motion
Mon 10/21 2:41 PM
RESPONSE in Opposition re15 Motion to Dismiss, Affirmation in Opposition to Defendants' Motion to Partially Dismiss Plaintiffs' Amended Complaint filed by JDM Enterprises, Inc., J. David Mahoney.(Wagoner, Matthew) |
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Att: 1
Memorandum of Law in Opposition to Defendants' Motion to Partially Dismiss the Amended Complaint
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| Wednesday, October 02, 2024 | ||
| 19 | 19
order
Order on Motion to Dismiss Order on Letter Request
Wed 10/02 2:09 PM
TEXT ORDER granting Defendants'14 Letter Request seeking to withdraw their10 Motion to Dismiss filed on August 27, 2024 in light of the filing an13 Amended Complaint by Plaintiffs in this matter. SO ORDERED by U.S. District Judge Anne M. Nardacci on 10/2/2024. (mab) |
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| Monday, September 30, 2024 | ||
| 18 | 18
2
pgs
order
Order Referring Case to Mandatory Mediation
Tue 10/01 11:43 AM
ORDER REFERRING CASE to Mandatory Mediation. Deadline for Mediator Selection is 10/31/2024. Deadline for completion of Mandatory Mediation is 1/31/2025. Signed by Magistrate Judge Daniel J. Stewart on 9/30/2024. (egr) |
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| 17 | 17
order
Uniform Pretrial Scheduling Order
Tue 10/01 11:37 AM
UNIFORM PRETRIAL SCHEDULING ORDER: Preferred Trial Location: Albany. Joinder of Parties due by 11/29/2024. Amended Pleadings due by 11/29/2024. Discovery due by 9/30/2025. Plaintiffs Expert Disclosure Deadline is 7/2/2025. Defendants Expert Disclosure Deadline is 8/18/2025. Rebuttal Expert Disclosure Deadline is 9/1/2025. Motions to be filed by 10/30/2025. Deadline for completion of Mandatory Mediation is 1/31/2025. Signed by Magistrate Judge Daniel J. Stewart on 9/30/2024. (egr, ) |
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| 16 | 16
minutes
Pretrial Conference - Initial
Tue 10/01 9:23 AM
Text Minute Entry for proceedings held before Magistrate Judge Daniel J. Stewart: Initial Pretrial Conference held on 10/1/2024. The Court hears from counsel as to their positions and how they intend to proceed in this matter. Court discusses potential for settlement. The Court reviews the Mandatory Mediation Program with counsel. Scheduling Order deadlines set. A Uniform Pretrial Order will be issued. If the parties wish to have the court mediate the matter in the future, a letter request may be filed. Appearances: Matthew Rimkunas, Esq. and Patricia Heer, Esq. for Plaintiff; Benjamin Wisher, Esq. for Defendant. [Time: 9:55 AM - 10:05 AM] (egr) |
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| 15 | 15
motion
Dismiss
Mon 09/30 5:00 PM
MOTION to Dismiss (Partially) the Amended Complaint Pursuant to FRCP 12(b)(6) filed by Vincent Valenza, Esq, Whiteman Osterman & Hanna, LLP. Motion returnable before Judge Anne M. Nardacci, U.S.D.J. Response to Motion due by 10/21/2024. Reply to Response to Motion due by 10/28/2024 (Wilck, David) |
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Att: 1
Memorandum of Law
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| Monday, September 23, 2024 | ||
| 14 | 14
motion
Letter Request/Motion
Mon 09/23 4:34 PM
Letter Motion from David S. Wilck, Esq. and Benjamin J. Wisher, Esq. for Vincent Valenza, Esq, Whiteman Osterman & Hanna, LLP requesting withdrawal of Defendants' pending motion to partially dismiss the initial complaint (Dkt No. 10) submitted to Judge Anne M. Nardacci, U.S.D.J. . (Wilck, David) |
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| Monday, September 16, 2024 | ||
| 13 | 13
cmp
Amended Complaint
Mon 09/16 12:39 PM
AMENDED COMPLAINT and Jury Demand against Vincent Valenza, Esq, Whiteman Osterman & Hanna, LLP filed by J. David Mahoney, JDM Enterprises, Inc..(Wagoner, Matthew) |
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Att: 1
Redlined Complaint
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utility
Set/Reset Answer Deadline
Mon 09/16 1:42 PM
***Answer due date updated for Vincent Valenza, Esq: answer due 9/30/2024; Whiteman Osterman & Hanna, LLP: answer due 9/30/2024. (ham) |
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| Monday, September 09, 2024 | ||
| 12 | 12
misc
Civil Case Management Plan
Mon 09/09 4:03 PM
CIVIL CASE MANAGEMENT PLAN by Vincent Valenza, Esq, Whiteman Osterman & Hanna, LLP. (Wisher, Benjamin) |
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| Wednesday, September 04, 2024 | ||
| 11 | 11
notice
Notice of Appearance
Wed 09/04 8:58 PM
NOTICE OF APPEARANCE by Matthew W. Rimkunas on behalf of JDM Enterprises, Inc., J. David Mahoney (Rimkunas, Matthew) |
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| Tuesday, August 27, 2024 | ||
| 10 | 10
motion
Dismiss
Tue 08/27 1:32 PM
MOTION to Dismiss the Second and Third Causes of Action of Plaintiffs' Complaint filed by Vincent Valenza, Esq, Whiteman Osterman & Hanna, LLP. Motion returnable before Judge Anne M. Nardacci, U.S.D.J. Response to Motion due by 9/17/2024. Reply to Response to Motion due by 9/24/2024 (Wilck, David) |
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Att: 1
Memorandum of Law
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| Wednesday, August 07, 2024 | ||
| 9 | 9
notice
Notice of Appearance
Wed 08/07 1:48 PM
NOTICE OF APPEARANCE by David S Wilck on behalf of Vincent Valenza, Esq, Whiteman Osterman & Hanna, LLP (Wilck, David) |
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| Thursday, July 11, 2024 | ||
| 8 | 8
order
Order ~Util - Set/Reset Answer Deadlines
Thu 07/11 8:29 AM
TEXT ORDER granting6 Stipulation: Answer due date updated for Vincent Valenza, Esq answer due 8/27/2024; Whiteman Osterman & Hanna, LLP answer due 8/27/2024. SO ORDERED by Magistrate Judge Daniel J. Stewart on 7/11/2024. (gmd) |
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| Wednesday, July 10, 2024 | ||
| 7 | 7
notice
Notice of Change of Address
Wed 07/10 12:02 PM
NOTICE OF CHANGE OF ADDRESS by Benjamin John Wisher Effective Date July 2, 2024 Old Address: Rivkin Radler LLP, 66 South Pearl Street, 11th Floor, Albany, New York 12207 New Address: Rivkin Radler LLP, 2649 South Road, Suite 100, Poughkeepsie, New York 12601 (Wisher, Benjamin) |
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| Tuesday, July 09, 2024 | ||
| 6 | 6
misc
Stipulation
Tue 07/09 9:40 AM
STIPULATION re1 Complaint,3 G.O. 25 Filing Order,2 Summons Issued by JDM Enterprises, Inc., J. David Mahoney submitted to Judge Stipulation to Accept Service and Extend Time to Respond to Summons and Complaint. (Wagoner, Matthew) |
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| 5 | 5
service
Affidavit of Service
Tue 07/09 9:34 AM
AFFIDAVIT of Service for Complaint and Jury Demand, dated June 26, 2024, Civil Cover Sheet, dated June 26, 2024, Summons, dated June 27, 2024, and Civil Case Assignment and Filing Order, dated June 27, 2024 served on Rivkin Radler LLP on June 28, 2024, filed by JDM Enterprises, Inc., J. David Mahoney. (Wagoner, Matthew) |
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| Monday, July 08, 2024 | ||
| 4 | 4
notice
Notice of Appearance
Mon 07/08 9:26 AM
NOTICE OF APPEARANCE by Benjamin John Wisher on behalf of Vincent Valenza, Esq, Whiteman Osterman & Hanna, LLP (Wisher, Benjamin) |
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misc
Text Notice of Filing Deficiency
Mon 07/08 11:12 AM
TEXT NOTICE OF FILING DEFICIENCY regarding the4 Notice of Appearance NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Attorney address contained in the document does not match the NYND attorney admission records. Counsel is directed to update their information in PACER within 3 days from this notice. Notice of Filing Deficiency Deadline 7/11/2024 (ham) |
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| Thursday, June 27, 2024 | ||
| 3 | 3
misc
G.O. 25 Filing Order
Thu 06/27 11:24 AM
G.O. 25 FILING ORDER ISSUED: Initial in-person Rule 16 Conference set for 9/30/2024 at 10:00 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 9/23/2024. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (ham) |
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| 2 | 2
service
Summons Issued
Thu 06/27 11:23 AM
Summons Issued as to Vincent Valenza, Esq, and Whiteman Osterman & Hanna, LLP. (ham) |
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| Wednesday, June 26, 2024 | ||
| 1 | 1
12
pgs
cmp
Complaint
Thu 06/27 11:22 AM
COMPLAINT with JURY DEMAND against Vincent Valenza, Esq, Whiteman Osterman & Hanna, LLP (Filing fee $405 receipt number ANYNDC-6780423) filed by J. David Mahoney, JDM Enterprises, Inc.(ham) |
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Att: 1
Civil Cover Sheet
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