Burma Task Force et al v. Sein et al
| New York Southern District Court | |
| Judge: | Lorna G Schofield |
| Case #: | 1:15-cv-07772 |
| Nature of Suit | 890 Other Statutes - Other Statutory Actions |
| Cause | 28:1350 Alien Tort Claims Act |
| Case Filed: | Oct 01, 2015 |
| Terminated: | Jul 21, 2016 |
| Last checked: Tuesday Mar 29, 2016 5:08 AM EDT |
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Amicus
United States Of America
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Defendant
Thein Htay
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Defendant
Ko Ko
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Defendant
Wunna Maung Lwin
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Defendant
Maung Ohn
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Defendant
Thein Sein
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Defendant
Khin Yi
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Plaintiff
Burma Task Force
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Represented By
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Plaintiff
John Does
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Represented By
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Plaintiff
Hitay Lwin Oo
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Represented By
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| Docket last updated: 7 hours ago |
| Thursday, July 21, 2016 | ||
| 35 | 35
order
Order of Dismissal
Thu 07/21 1:10 PM
ORDER: It is hereby ORDERED that this case is dismissed for failure to prosecute. See Lyell Theatre Corp. v. Loews Corp., 682 F.2d 37, 42 (2d Cir. 1982) (holding that a district court's authority to dismiss an action for plaintiff's failure to prosecute "cannot seriously be doubted"). The Clerk of Court is directed to close the case. (Signed by Judge Lorna G. Schofield on 7/21/2016) (kgo) |
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| Thursday, June 02, 2016 | ||
| 34 | 34
order
Order to Show Cause
Fri 06/03 8:08 AM
ORDER: It is hereby ORDERED that Plaintiffs shall show cause why this action should not be dismissed for failure to prosecute. See Lyell Theatre Corp. v. Loews Corp., 682 F.2d 37, 42 (2d Cir. 1982) (holding that a district court's authority to dismiss an action for plaintiff's failure to prosecute "cannot seriously be doubted"). Plaintiffs shall show cause in a written submission filed by July 15, 2016, and shall appear for a hearing on July 21, 2016, at 11:10 a.m. (As further set forth in this Order.) Show Cause Hearing set for 7/21/2016 at 11:10 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 6/2/2016) (mro) |
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| Tuesday, May 24, 2016 | ||
| 33 | 33
misc
Status Report
Tue 05/24 12:10 PM
STATUS REPORT. Document filed by Burma Task Force, John Does, Hitay Lwin Oo.(Pourtavoosi, Babak) |
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| Thursday, May 05, 2016 | ||
| 32 | 32
misc
Status Report
Thu 05/05 5:42 PM
STATUS REPORT. Document filed by Burma Task Force, John Does, Hitay Lwin Oo.(Pourtavoosi, Babak) |
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| Monday, May 02, 2016 | ||
| 31 | 31
order
Order
Mon 05/02 4:29 PM
ORDER: WHEREAS, the Order dated March 22, 2016, required Plaintiffs to submit a status letter by April 25, 2016, that includes a discussion of their efforts to serve each of the Defendants, and any proof of actual receipt; WHEREAS, Plaintiffs failed to timely submit the letter; it is hereby ORDERED that Plaintiffs shall file the status letter by May 6, 2016. Plaintiffs are warned that continued failure to comply with Court-ordered deadlines may result in sanctions or other prejudice. (Signed by Judge Lorna G. Schofield on 5/2/2016) (kgo) |
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| Wednesday, March 30, 2016 | ||
| 30 | 30
misc
Internet Citation
Thu 04/14 1:21 PM
INTERNET CITATION NOTE: Material from decision with Internet citation re:29 Memorandum & Opinion. (vf) |
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Att: 1
Internet Citation,
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Att: 2
Internet Citation,
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Att: 3
Internet Citation
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| 29 | 29
6
pgs
order
Memorandum & Opinion
Wed 03/30 11:18 AM
OPINION AND ORDER: Despite Plaintiffs' serious allegations that Defendants committed heinous acts of persecution, torture, and genocide against members of the Rohingya minority community, I am bound by the Executive Branch's decision to recognize Thein Sein and Wunna Maung Lwin as immune from the jurisdiction of this Court while they remain in office. Efforts to serve Defendants Thein Sein and Wunna Maung Lwin are ordered to cease and these Defendants are DISMISSED from this suit. (As further set forth in this Opinion and Order.) (Signed by Judge Lorna G. Schofield on 3/30/2016) (mro) |
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| Tuesday, March 22, 2016 | ||
| 28 | 28
order
Order on Motion for Extension of Time
Tue 03/22 6:33 PM
ORDER granting27 Letter Motion for Extension of Time. Plaintiff having shown good cause to extend time for the Initial Conference, following is hereby ordered: (1) The time of the Initial Conference is extended to May 31, 2016, at 10:50 a.m. It is further ORDERED that, by May 24, 2016, the parties shall submit the joint status letter and proposed case management plan in accordance with the Order dated October 7, 2016. If Defendants have not been served by May 24, 2016, Plaintiffs shall file a status letter in lieu of the joint status letter and proposed case management plan. It is further ORDERED that by April 25, 2016, Plaintiffs shall file a status letter that includes discussion of their efforts to serve each of the Defendants, and any proof of actual receipt. The Clerk of Court is directed to close Dkt. No. 27. (Signed by Judge Lorna G. Schofield on 3/22/2016) (kgo) |
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| 27 | 27
motion
Extension of Time
Tue 03/22 10:52 AM
SECOND LETTER MOTION for Extension of Time addressed to Judge Lorna G. Schofield from Babak Pourtavoosi, Esq. dated 3/22/2016. Document filed by Burma Task Force, John Does, Hitay Lwin Oo.(Pourtavoosi, Babak) |
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utility
Set/Reset Hearings
Tue 03/22 6:34 PM
Set/Reset Hearings: Initial Conference set for 5/31/2016 at 10:50 AM before Judge Lorna G. Schofield. (kgo) |
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| Tuesday, March 15, 2016 | ||
| 26 | 26
misc
Letter
Tue 03/15 10:35 AM
LETTER addressed to Judge Lorna G. Schofield from Caleb Hayes-Deats dated March 15, 2016 re: reply to Plaintiff's submission of March 7, 2016. Document filed by United States Of America.(Hayes-Deats, Caleb) |
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| Monday, March 14, 2016 | ||
| 25 | 25
order
Order on Motion for Leave to File Document
Tue 03/15 9:56 AM
MEMO ENDORSEMENT granting23 Motion for Leave to File Document. ENDORSEMENT: APPLICATION GRANTED. Plaintiffs are warned that waiting for documentation from a third party is not an excuse for failing to comply with a court deadline. (Signed by Judge Lorna G. Schofield on 3/14/2016) (tn) |
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| Friday, March 11, 2016 | ||
| 24 | 24
misc
Status Report
Fri 03/11 1:27 PM
STATUS REPORT. Document filed by Burma Task Force, John Does, Hitay Lwin Oo.(Pourtavoosi, Babak) |
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| 23 | 23
motion
Leave to File Document
Fri 03/11 1:26 PM
FIRST MOTION for Leave to File Status Report . Document filed by Burma Task Force, John Does, Hitay Lwin Oo.(Pourtavoosi, Babak) |
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| Tuesday, March 08, 2016 | ||
| 22 | 22
order
Memo Endorsement
Tue 03/08 12:56 PM
MEMO ENDORSEMENT on MOTION TO ACCEPT THE LATE FILED OBJECTIONS TO SUGGESTION OF IMMUNITY. ENDORSEMENT: Application GRANTED. Plaintiff's response to the Government's Suggestion of Immunity is accepted. As this is the third deadline that Plaintiff's counsel has missed (see Dkt. No. 16), Plaintiff's counsel is warned that continued failure to comply with Court-ordered deadlines may result in sanctions or other prejudice. The Government's reply, if any, shall be filed by March 15, 2016. (Signed by Judge Lorna G. Schofield on 3/8/2016) (kgo) |
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| Monday, March 07, 2016 | ||
| 21 | 21
16
pgs
respm
Memorandum of Law in Support of Motion
Mon 03/07 3:58 PM
MEMORANDUM OF LAW in Support re:18 FIRST MOTION for Leave to File Plaintiffs' Objections to Suggestion of Immunity .,17 FIRST MOTION for Leave to File Plaintiffs' Objections to Suggestion of Immunity and late filed objections to suggestion of immunity . . Document filed by Burma Task Force, John Does, Hitay Lwin Oo. (Pourtavoosi, Babak) |
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| 20 | 20
respm
Declaration in Support of Motion
Mon 03/07 3:57 PM
DECLARATION of Babak Pouravoosi, Esq. in Support re:18 FIRST MOTION for Leave to File Plaintiffs' Objections to Suggestion of Immunity .,17 FIRST MOTION for Leave to File Plaintiffs' Objections to Suggestion of Immunity and late filed objections to suggestion of immunity .. Document filed by Burma Task Force, John Does, Hitay Lwin Oo. (Pourtavoosi, Babak) |
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| 19 | 19
misc
Opposition Brief
Mon 03/07 3:10 PM
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - OPPOSITION BRIEF re:14 Notice (Other) . Document filed by Burma Task Force, John Does, Hitay Lwin Oo.(Pourtavoosi, Babak) Modified on 3/7/2016 (db) |
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| 18 | 18
motion
Leave to File Document
Mon 03/07 3:07 PM
FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for Leave to File Plaintiffs' Objections to Suggestion of Immunity . Document filed by Burma Task Force, John Does, Hitay Lwin Oo.(Pourtavoosi, Babak) Modified on 3/7/2016 (db) |
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Att: 1
Exhibit
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| 17 | 17
motion
Leave to File Document
Mon 03/07 12:12 PM
FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for Leave to File Plaintiffs' Objections to Suggestion of Immunity and late filed objections to suggestion of immunity . Document filed by Burma Task Force, John Does, Hitay Lwin Oo.(Pourtavoosi, Babak) Modified on 3/7/2016 (db) |
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misc
Notice to Attorney to Re-File Document - Deficient Docket Entry Error
Mon 03/07 2:58 PM
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Babak Pourtavoosi to RE-FILE Document 17 FIRST MOTION for Leave to File Plaintiffs' Objections to Suggestion of Immunity and late filed objections to suggestion of immunity. ERROR(S): (1) Supporting Documents are filed separately, each receiving their own document #. (2) Make sure documents are complete (i.e., Court Type, Parties, Case Number). (db) |
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misc
Notice to Attorney to Re-File Document - Deficient Docket Entry Error
Mon 03/07 3:12 PM
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Babak Pourtavoosi to RE-FILE Document 18 FIRST MOTION for Leave to File Plaintiffs' Objections to Suggestion of Immunity . ERROR(S): (1) Supporting Documents are filed separately, each receiving their own document #. (2) Make sure documents are complete (i.e., Court Type, Parties, Case Number). Declaration in Support of Motion is found under the Event Type - Replies, Opposition and Supporting Documents. (db) |
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misc
Notice to Attorney to Re-File Document - Event Type Error
Mon 03/07 3:15 PM
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Babak Pourtavoosi to RE-FILE Document 19 Opposition Brief. Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (db) |
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| Thursday, March 03, 2016 | ||
| 16 | 16
order
Order
Fri 03/04 4:05 PM
ORDER: that the Plaintiffs shall submit the required status letter by March 9, 2016. Plaintiffs are warned that continued failure to comply with Court-ordered deadlines may result in sanctions or other prejudices. (Signed by Judge Lorna G. Schofield on 3/3/2016) (tn) |
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| Wednesday, February 17, 2016 | ||
| 15 | 15
order
Order
Wed 02/17 1:15 PM
ORDER: WHEREAS, the Government filed a Suggestion of Immunity on February 12, 2016; it is hereby ORDERED that any response to the Suggestion of Immunity shall be filed by March 2, 2016. (Signed by Judge Lorna G. Schofield on 2/17/2016) (kgo) |
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| Friday, February 12, 2016 | ||
| 14 | 14
notice
Notice (Other)
Fri 02/12 4:08 PM
NOTICE of Suggestion of Immunity. Document filed by United States Of America.(Hayes-Deats, Caleb) |
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Att: 1
Exhibit A (Letter from McManus to Mizer),
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Att: 2
Exhibit B (Rhanime v. Solomon)
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| Friday, January 22, 2016 | ||
| 13 | 13
order
Order on Motion for Extension of Time
Fri 01/22 5:22 PM
ORDER granting12 Letter Motion for Extension of Time. Plaintiff having shown good cause to extend time for the Initial Conference, following is hereby ordered: (1) The time of the Initial Conference is extended to March 29, 2016, at 10:30 a.m. It is further ORDERED that, by March 22, 2016, the parties shall submit the joint status letter and proposed case management plan in accordance with the Order dated October 7, 2015. If Defendants have not been served by March 22, 2016, Plaintiffs shall file a status letter in lieu of the joint status letter and proposed case management plan. It is further ORDERED that by February 22, 2016, Plaintiffs shall file a status letter that includes discussion of their efforts to serve Defendants. The Clerk of Court is directed to close Dkt. No. 12. (Signed by Judge Lorna G. Schofield on 1/22/2016) (kgo) |
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| 12 | 12
motion
Extension of Time
Fri 01/22 2:07 PM
FIRST LETTER MOTION for Extension of Time of initial conference date addressed to Judge Lorna G. Schofield from Babak Pourtavoosi, Esq. dated 1/22/2016. Document filed by Burma Task Force, John Does, Hitay Lwin Oo.(Pourtavoosi, Babak) |
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utility
Set/Reset Hearings
Fri 01/22 5:23 PM
Set/Reset Hearings: Initial Conference set for 3/29/2016 at 10:30 AM before Judge Lorna G. Schofield. (kgo) |
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| Thursday, December 03, 2015 | ||
| 11 | 11
misc
Status Report
Thu 12/03 10:42 AM
STATUS REPORT. Per Text Order of November 12, 2015 and November 30, 2015 Document filed by Burma Task Force, John Does, Hitay Lwin Oo.(Pourtavoosi, Babak) |
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| Monday, November 30, 2015 | ||
| 10 | 10
order
Order
Mon 11/30 3:37 PM
ORDER: WHEREAS, by Order dated November 12, 2015, Plaintiffs were required to file a status letter by November 19, 2015; WHEREAS, Plaintiffs have failed to timely file the status letter; it is hereby ORDERED that Plaintiffs shall file the status letter by December 4, 2015. Plaintiffs are warned that continued failure to comply with Court-ordered deadlines may result in sanctions or other prejudice. (Signed by Judge Lorna G. Schofield on 11/30/2015) (kgo) |
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| Thursday, November 12, 2015 | ||
| 9 | 9
order
Order for Initial Pretrial Conference
Thu 11/12 4:44 PM
ORDER: It is hereby ORDERED that the initial pretrial conference scheduled for November 17, 2015, is hereby adjourned to January 26, 2016, at 10:40 a.m. At least one week before the conference, the parties shall submit the joint status letter and proposed case management plan in accordance with the October 7 Order. Plaintiffs are warned that continued failure to comply with Court-ordered deadlines may result in sanctions or other prejudices. It is further ORDERED that, by November 19, 2015, Plaintiffs shall file a status letter. (As further set forth in this Order.) Initial Conference set for 1/26/2016 at 10:40 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 11/12/2015) (kgo) |
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| Wednesday, October 07, 2015 | ||
| 8 | 8
order
Order for Initial Pretrial Conference
Wed 10/07 3:24 PM
ORDER: Initial Conference set for 11/17/2015 at 11:00 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 10/7/2015) (kgo) |
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| Tuesday, October 06, 2015 | ||
| 7 | 7
service
Summons Issued
Tue 10/06 12:41 PM
ELECTRONIC SUMMONS ISSUED as to Thein Htay, Ko Ko, Wunna Maung Lwin, Maung Ohn, Thein Sein, Khin Yi. (moh) |
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| Monday, October 05, 2015 | ||
| 6 | 6
service
Request for Issuance of Summons
Mon 10/05 12:46 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Thein Sein, President of Myanmar; Wunna Maugn Lwin, Foreign Minister of Myanmar; Thein Htay; Khin Yi; Maung Ohin and Ko Ko, re:1 Complaint. Document filed by Burma Task Force, John Does, Hitay Lwin Oo. (Pourtavoosi, Babak) |
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misc
Notice to Attorney Regarding Deficient Request for Issuance of Summons
Mon 10/05 12:24 PM
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney to RE-FILE Document No. 5 Request for Issuance of Summons,. The filing is deficient for the following reason(s): Wrong parties selected against. Their are TYPOS on the parties selected against, as well as on the actual summons form.;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dgo) |
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| Friday, October 02, 2015 | ||
| 5 | 5
service
Request for Issuance of Summons
Fri 10/02 3:57 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Thein Sein, President of Myanmar; Wunna Maugn, Foreign Minister of Myanmar; Thein Htay; Khin Yi; Maung Ohin and Ko Ko, re:1 Complaint. Document filed by Burma Task Force, John Does, Hitay Lwin Oo. (Pourtavoosi, Babak) |
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misc
Notice to Attorney Regarding Party Modification
Fri 10/02 11:03 AM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Babak Pourtavoosi. The party information for the following party/parties has been modified: Thein Sein, Wunna Maung Lwin, Thein Htay, Khin Yi, Maung Ohn, Ko Ko, Burma Task Force, Hitay Lwin Oo and John Does. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (pc) |
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misc
Notice to Attorney Regarding Case Opening Statistical Error Correction
Fri 10/02 11:14 AM
***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Babak Pourtavoosi. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to Nassau. (pc) |
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misc
Notice to Attorney Regarding Deficient Request for Issuance of Summons
Fri 10/02 11:18 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney to RE-FILE Document No. 4 Request for Issuance of Summons,. The filing is deficient for the following reason(s): Caption title on the summons does not include "et al" to signify the other defendants. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) |
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notice
Case Opening Initial Assignment Notice
Fri 10/02 11:22 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:http://nysd.uscourts.gov/judges/District] . 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:http://nysd.uscourts.gov/ecf_filing.php] . (pc) |
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utility
Case Designation
Fri 10/02 11:23 AM
Magistrate Judge Debra C. Freeman is so designated. (pc) |
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utility
Case Designated ECF
Fri 10/02 11:23 AM
Case Designated ECF. (pc) |
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| Thursday, October 01, 2015 | ||
| 4 | 4
service
Request for Issuance of Summons
Thu 10/01 5:49 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Thein Sein; Wunna Maung Lwin; Thein Htay; Khin Yi; Maung Ohn; and Ko Ko, re:1 Complaint. Document filed by Burma Task Force, John Does, Hitay Lwin Oo. (Pourtavoosi, Babak) |
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| 3 | 3
misc
Rule 7.1 Corporate Disclosure Statement
Thu 10/01 5:46 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Burma Task Force, John Does, Hitay Lwin Oo.(Pourtavoosi, Babak) |
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| 2 | 2
misc
Civil Cover Sheet
Thu 10/01 5:45 PM
CIVIL COVER SHEET filed. (Pourtavoosi, Babak) |
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| 1 | 1
cmp
Complaint
Thu 10/01 5:44 PM
COMPLAINT against Thein Htay, Ko Ko, Wunna Maung Lwin, Maung Ohn, Thein Sein, Khin Yi. (Filing Fee $ 400.00, Receipt Number 0208-11459182)Document filed by John Does, Hitay Lwin Oo, Burma Task Force.(Pourtavoosi, Babak) |
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