Minnebo et al v. Metal Supermarkets Franchising America Inc et al
| William Minnebo and Philly Metal Supply LLC |
| Metal Supermarkets Franchising America Inc., Stephen Schober, Andrew Arminen and Does 1-10 |
| 1:2024cv00418 |
| May 1, 2024 |
| US District Court for the Western District of New York |
| Buffalo Office |
| Lawrence J Vilardo |
| Contract: Franchise |
| 28 U.S.C. § 1441 Petition For Removal--Other Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 1, 2024. A more recent docket listing may be available from PACER.
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Filing 40
Case transferred in from District of New Jersey; Case Number 1:22-cv-05999.
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AUTOMATIC REFERRAL TO MEDIATION Pursuant to Section 2.1(A) of the Plan for Alternative Dispute Resolution in the United States District Court for the Western District of New York (the ADR Plan), this case is automatically referred to ADR. To access the ADR Plan and for inquiries regarding the Court's ADR Program please review the Court's #ADR webpage and/or contact the Court's ADR Administrator at #adrprogram@nywd.uscourts.gov.' Prior to the Local Rule 16 scheduling conference, counsel and unrepresented parties shall review the #ADR Plan and confer with each other regarding ADR for this case. Unless the parties agree to a different intervention, it is presumed they will participate in mediation. The parties shall be prepared to report on the outcome of their ADR discussion at the scheduling conference, as the initial Scheduling Order for this case will establish ADR deadlines in accordance with the ADR Plan.(CGJ)
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Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. (CGJ)
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Filing 39
ORDER denying Plaintiff's #31 Motion for Reconsideration; the #29 Motion to Transfer, previously granted on September 7, 2023, is to be effectuated and hereby directing the Clerk of Court to transfer this matter to the Western District of New York and to close this case. Signed by Judge Karen M. Williams on 4/30/2024. (sms2) [Transferred from njd on 5/1/2024.]
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Filing 38
OPINION. Signed by Judge Karen M. Williams on 4/30/2024. (sms2) [Transferred from njd on 5/1/2024.]
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***Civil Case Terminated. (sms2) Modified on 5/1/2024 (dmw, ). [Transferred from njd on 5/1/2024.]
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Pro Hac Vice fee: as to JAMES C. RUBINGER, ESQ. $ 150, receipt number CAM14914 (mag) [Transferred from njd on 5/1/2024.]
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Filing 37
RESPONSE in Support filed by All Plaintiffs re #31 MOTION for Reconsideration re #29 Order, or in the Alternative, Motion for Leave to File an Interlocutory Appeal, (GOLDMAN, EVAN) [Transferred from njd on 5/1/2024.]
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Filing 36
BRIEF in Opposition filed by ANDREW ARMINEN, METAL SUPERMARKETS FRANCHISING AMERICA INC, STEPHEN SCHOBER re #31 MOTION for Reconsideration re #29 Order, or in the Alternative, Motion for Leave to File an Interlocutory Appeal, (Attachments: #1 Certificate of Service Certificate of Service)(PURO, SCOTT) [Transferred from njd on 5/1/2024.]
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Filing 35
LETTER ORDER GRANTING deft.'s application to extend deadline to file opposition to pltf.'s MOTION for Reconsideration of Court's Order from 10/2/23 to 10 /13/23. Signed by Judge Karen M. Williams on September 28, 2023. (bf, ) [Transferred from njd on 5/1/2024.]
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Filing 34
Letter from Scott L. Puro, Esq.. (PURO, SCOTT) [Transferred from njd on 5/1/2024.]
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CLERK'S QUALITY CONTROL MESSAGE - The Letter #33 submitted by SCOTT PURO on 9/26/23 appears to have been filed erroneously. Please refer to the Letter filed at Docket Entry #34 as the corrected entry. These submissions will remain on the docket unless otherwise ordered by the court. This message is for informational purposes only. (amv) [Transferred from njd on 5/1/2024.]
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Filing 33
Letter from Scott L. Puro, Esq.. (PURO, SCOTT) [Transferred from njd on 5/1/2024.]
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Filing 32
Exhibit to #31 Motion for Reconsideration (Notice of Motion) by All Plaintiffs. (GOLDMAN, EVAN) [Transferred from njd on 5/1/2024.]
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CLERK'S QUALITY CONTROL MESSAGE - Please be advised, the Exhibit [31-1] submitted by EVAN GOLDMAN on 9/20/23 is not filed pursuant to the Court's Transcript Policy. Only certified official court reporters or transcription agencies are permitted to electronically file official court transcripts. The Clerk's office has restricted access to this document pursuant to the procedure of the Court and at the Court's direction. This message is for informational purposes. (amv) [Transferred from njd on 5/1/2024.]
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CLERK'S QUALITY CONTROL MESSAGE - A Notice of Motion was not submitted with the Motion for Reconsideration #31 submitted by EVAN GOLDMAN on 9/20/23. PLEASE SUBMIT THE MISSING DOCUMENT ONLY USING *EXHIBIT TO DOCUMENT*. (amv) [Transferred from njd on 5/1/2024.]
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Set Deadlines as to #31 MOTION for Reconsideration re #29 Order, or in the Alternative, Motion for Leave to File an Interlocutory Appeal,. Motion set for 10/16/2023 before Judge Karen M. Williams. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (amv, ) [Transferred from njd on 5/1/2024.]
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Filing 31
MOTION for Reconsideration re #29 Order, or in the Alternative, Motion for Leave to File an Interlocutory Appeal, by WILLIAM MINNEBO, PHILLY METAL SUPPLY LLC. (Attachments: #1 Exhibit (Hearing Transcript))(GOLDMAN, EVAN) [Transferred from njd on 5/1/2024.]
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Filing 30
Transcript of Motion Hearing held on 9/6/2023, before Judge Karen M. Williams. Court Reporter/Transcriber Sharon Ricci (267-249-8780). NOTICE REGARDING (1) REDACTION OF PERSONAL IDENTIFIERS IN TRANSCRIPTS AND (2) MOTION TO REDACT AND SEAL: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript to comply with Fed.R.Civ.P.5.2(a) (personal identifiers). Parties seeking to redact and seal this Transcript, or portions thereof, pursuant to L.Civ.R. 5.3(g) must e-file a Motion to Redact and Seal utilizing the event `Redact and Seal Transcript/Digital Recording`. Redaction Request to Court Reporter/Transcription Agency due, but not filed, by 10/10/2023. Redacted Transcript Deadline set for 10/19/2023. Release of Transcript Restriction set for 12/18/2023. (mag) [Transferred from njd on 5/1/2024.]
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Filing 29
ORDER Dismissing Count V of the Amended Complaint without prejudice; Directing Plaintiffs to file a Second Amended Complaint by October 6, 2023; In the event Plaintiff does not file a Second Amended Complaint, the Motion to Dismiss Count V is Granted without Prejudice and the Motion to Transfer is Granted. Signed by Judge Karen M. Williams on 9/7/2023. (amv) [Transferred from njd on 5/1/2024.]
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Filing 28
Minute Entry for proceedings held before Judge Karen M. Williams: Motion Hearing held on 9/6/2023 re #13 Amended MOTION to Transfer Case to United States District Court for the District of Western New York and Dismiss Count Five of the First Amended Complaint. Oral opinion read into the record. Ordered Motion to Transfer Case is GRANTED; Count V is dismissed without prejudice. Order to be entered. (Court Reporter, Sharon Ricci (267-249-8780)) (amv) [Transferred from njd on 5/1/2024.]
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Filing 27
TEXT ORDER Upon letter application dated July 26, 2023 from James Rubinger, Esquire, counsel for defendants, and it appearing that all counsel consent to the request to reschedule the Oral Argument previously set for September 8, 2023, the Court hereby GRANTS the request. The NEW date and time of the Oral Argument is September 6, 2023 at 2:00 PM in Camden - Courtroom 4A before Judge Karen M. Williams re #13 Amended Motion to Transfer Case to United States District Court for the District of Western New York and Dismiss Count Five of the First Amended Complaint. So Ordered by Judge Karen M. Williams on 7/26/23. (nar) [Transferred from njd on 5/1/2024.]
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Filing 26
Letter. (PURO, SCOTT) [Transferred from njd on 5/1/2024.]
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Filing 25
TEXT ORDER Upon letter application dated July 13, 2023 from Evan M. Goldman, Esquire, counsel for plaintiffs, and it appearing that all counsel consent to the request to reschedule the Oral Argument previously set for July 20, 2023, the Court hereby GRANTS the request. The NEW date and time of the Oral Argument is September 8, 2023 at 11:00 a.m. re #13 Amended MOTION to Transfer Case to United States District Court for the District of Western New York and Dismiss Count Five of the First Amended Complaint filed by ANDREW ARMINEN, STEPHEN SCHOBER, METAL SUPERMARKETS FRANCHISING AMERICA INC., and the Motion is hereby ADMINISTRATIVELY TERMINATED pending Oral Argument. So Ordered by Judge Karen M. Williams on 7/14/23. (nar) [Transferred from njd on 5/1/2024.]
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Filing 24
Letter from Evan M. Goldman re #23 Order. (GOLDMAN, EVAN) [Transferred from njd on 5/1/2024.]
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Filing 23
LETTER ORDER Granting #22 Defendants' request for the oral argument on the motion to transfer be adjourned to July 20th at 10 a.m. Signed by Judge Karen M. Williams on 6/16/2023. (amv) [Transferred from njd on 5/1/2024.]
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Filing 22
Letter from Scott L. Puro, Esq.. (PURO, SCOTT) [Transferred from njd on 5/1/2024.]
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CLERK'S QUALITY CONTROL MESSAGE - Please be advised, when entering a first appearance in a case, counsel should add their name when prompted. The Clerk's office has added SCOTT PURO as representing ANDREW ARMINEN, METAL SUPERMARKETS FRANCHISING AMERICA INC, and STEPHEN SCHOBER in this case. The Substitution of Attorney #21 submitted by SCOTT PURO on 6/14/23 appears to have address information that does not match the court's records for this case. Please refer to the court's website at www.njd.uscourts.gov for information and instructions on maintaining your account. (amv) [Transferred from njd on 5/1/2024.]
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Filing 21
Substitution of Attorney - Attorney MICHAEL J. CONLAN and CHRISTINE MARIE PICKEL terminated.. (PURO, SCOTT) [Transferred from njd on 5/1/2024.]
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Filing 20
TEXT ORDER The Court has scheduled Oral Argument for July 6, 2023 at 11:00 AM in Camden - Courtroom 4A re #13 Amended MOTION to Transfer Case to United States District Court for the District of Western New York and Dismiss Count Five of the First Amended Complaint filed by ANDREW ARMINEN, STEPHEN SCHOBER, METAL SUPERMARKETS FRANCHISING AMERICA INC. So Ordered by Judge Karen M. Williams on 6/8/23. (nar) [Transferred from njd on 5/1/2024.]
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Filing 19
REPLY BRIEF to Opposition to Motion filed by All Defendants re #13 Amended MOTION to Transfer Case to United States District Court for the District of Western New York and Dismiss Count Five of the First Amended Complaint (Attachments: #1 Certificate of Service of reply brief)(CONLAN, MICHAEL) [Transferred from njd on 5/1/2024.]
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Filing 18
BRIEF in Opposition filed by All Plaintiffs re #13 Amended MOTION to Transfer Case to United States District Court for the District of Western New York and Dismiss Count Five of the First Amended Complaint (Attachments: #1 Certificate of Service, #2 Certification Certification of Evan M. Goldman, #3 Exhibit Exhibit A, #4 Exhibit Exhibit B, #5 Exhibit Exhibit C, #6 Exhibit Exhibit D, #7 Exhibit Exhibit E, #8 Exhibit Exhibit F, #9 Text of Proposed Order)(GOLDMAN, EVAN) [Transferred from njd on 5/1/2024.]
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Filing 17
TEXT ORDER The Court GRANTS the request to adjourn the motion date in connection with the pending Amended Motion to Transfer Venue and Dismiss Count Five of the Complaint (ECF No. 13). The new motion date is February 6, 2023. The Court also dismisses the original Motion to Transfer Venue and Dismiss Count Five of the Complaint (ECF No. 8) as moot. So Ordered by Judge Karen M. Williams on 12/22/22. (nar) [Transferred from njd on 5/1/2024.]
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Set/Reset Deadlines as to #13 Amended MOTION to Transfer Case to United States District Court for the District of Western New York and Dismiss Count Five of the First Amended Complaint. Motion set for 2/6/2023 before Judge Karen M. Williams. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (nar) [Transferred from njd on 5/1/2024.]
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Filing 16
Letter. (GOLDMAN, EVAN) [Transferred from njd on 5/1/2024.]
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Reset Deadlines as to #13 Amended MOTION to Transfer Case to United States District Court for the District of Western New York and Dismiss Count Five of the First Amended Complaint. Motion set for 1/17/2023 before Judge Karen M. Williams. Any further extension should be directed to the Court by separate letter request. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (amv) [Transferred from njd on 5/1/2024.]
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Filing 15
Letter from Plaintiffs. (GOLDMAN, EVAN) [Transferred from njd on 5/1/2024.]
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Filing 14
Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion re #13 Amended MOTION to Transfer Case to United States District Court for the District of Western New York and Dismiss Count Five of the First Amended Complaint . (GOLDMAN, EVAN) [Transferred from njd on 5/1/2024.]
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CLERK'S QUALITY CONTROL MESSAGE - The Letter #14 filed by EVAN GOLDMAN on 12/6/22 was submitted incorrectly as a Letter Rule 7.1. PLEASE RESUBMIT THE LETTER USING *LETTER*. This submission will remain on the docket unless otherwise ordered by the court. (amv) [Transferred from njd on 5/1/2024.]
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Set Deadlines as to #13 Amended MOTION to Transfer Case to United States District Court for the District of Western New York and Dismiss Count Five of the First Amended Complaint. Motion set for 1/3/2023 before Judge Karen M. Williams. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (amv, ) [Transferred from njd on 5/1/2024.]
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Filing 13
Amended MOTION to Transfer Case to United States District Court for the District of Western New York and Dismiss Count Five of the First Amended Complaint by All Defendants. (Attachments: #1 Brief Supplemental Memorandum of Law, #2 Text of Proposed Order, #3 Certificate of Service)(CONLAN, MICHAEL) [Transferred from njd on 5/1/2024.]
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Filing 12
AMENDED COMPLAINT against All Defendants All Defendants., filed by WILLIAM MINNEBO, PHILLY METAL SUPPLY LLC. (Attachments: #1 Certificate of Service)(GOLDMAN, EVAN) [Transferred from njd on 5/1/2024.]
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Filing 11
Joint Certification on behalf of ANDREW ARMINEN, METAL SUPERMARKETS FRANCHISING AMERICA INC, STEPHEN SCHOBER, PHILLY METAL SUPPLY LLC, WILLIAM MINNEBO . (CONLAN, MICHAEL) Modified on 11/18/2022 to reflect that the certification is on behalf of both parties (ssp, ). [Transferred from njd on 5/1/2024.]
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Filing 10
TEXT ORDER Within five (5) days of this Order, the parties shall file a Joint Certification of the Citizenship of the Parties as instructed in the Court`s October 12, 2022 Text Order. So Ordered by Judge Karen M. Williams on 11/16/22. (nar) [Transferred from njd on 5/1/2024.]
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Reset Deadlines as to #8 MOTION to Transfer Case to United States District Court for the District of Western New York . Motion set for 12/19/2022 before Judge Karen M. Williams. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (amv) [Transferred from njd on 5/1/2024.]
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Filing 9
Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion filed by All Plaintiffs re #8 MOTION to Transfer Case to United States District Court for the District of Western New York (GOLDMAN, EVAN) [Transferred from njd on 5/1/2024.]
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Set Deadlines as to #8 MOTION to Transfer Case to United States District Court for the District of Western New York . Motion set for 12/5/2022 before Judge Karen M. Williams. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (amv) [Transferred from njd on 5/1/2024.]
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Filing 8
MOTION to Transfer Case to United States District Court for the District of Western New York by All Defendants. (Attachments: #1 Brief, #2 Declaration Declaration of Stephen Schober, #3 Exhibit Schober Decl. Ex. 1, #4 Exhibit Schober Decl. Ex. 2, #5 Exhibit Schober Decl. Ex. 3, #6 Exhibit Schober Decl. Ex. 4, #7 Exhibit Schober Decl. Ex. 5, #8 Text of Proposed Order, #9 Certificate of Service)(CONLAN, MICHAEL) [Transferred from njd on 5/1/2024.]
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Filing 7
ORDER Granting #6 Motion for Leave to Appear Pro Hac Vice as to JAMES C. RUBINGER. Signed by Magistrate Judge Ann Marie Donio on 10/31/2022. (amv) [Transferred from njd on 5/1/2024.]
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Filing 6
Consent MOTION for Leave to Appear Pro Hac Vice for James C Rubinger by All Defendants. (Attachments: #1 Declaration of Michael J Conlan, #2 Declaration of James C Rubinger, #3 Text of Proposed Order, #4 Certificate of Service)(CONLAN, MICHAEL) [Transferred from njd on 5/1/2024.]
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Filing 5
Application and Proposed Order for Clerk's Order to extend time to answer as to Complaint.. (CONLAN, MICHAEL) [Transferred from njd on 5/1/2024.]
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CLERK'S QUALITY CONTROL MESSAGE - The Application for an Extension of Time to Answer #4 filed by MICHAEL CONLAN on 10/14/22 was submitted incorrectly as a Motion. The Clerk's Office has terminated the Motion. PLEASE RESUBMIT THE APPLICATION USING *APPLICATION FOR CLERK ORDER TO EXT ANSWER/PROPOSED ORDER*. This submission will remain on the docket unless otherwise ordered by the court. (amv) [Transferred from njd on 5/1/2024.]
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Clerk`s Text Order - The #5 Application for Clerk's Order to Ext Answer/Proposed Order submitted by METAL SUPERMARKETS FRANCHISING AMERICA INC, ANDREW ARMINEN, STEPHEN SCHOBER has been GRANTED. The answer due date has been set for 11/1/2022. (amv) [Transferred from njd on 5/1/2024.]
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Filing 4
MOTION for Extension of Time to File Answer by All Defendants. (CONLAN, MICHAEL) [Transferred from njd on 5/1/2024.]
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Filing 3
TEXT ORDER in all cases in which the basis of jurisdiction is 28 U.S.C. 1332, Diversity of Citizenship: Whether or not the Court issues an Order to Show Cause or other Order directing the filing of an amended pleading or removal petition on the issue of jurisdiction, the parties in all diversity cases are required to complete and file a Joint Certification of the Citizenship of the Parties, #click here, within 30 days of the filing of a Notice of Removal, or where the Complaint is initially filed in this Court, 30 days after an answer, other responsive pleading, or motion has been filed. So Ordered by Judge Karen M. Williams on 10/12/2022. (ssp, ) [Transferred from njd on 5/1/2024.]
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Notice of Judicial Preferences. #Click here for the Judge's Individual Procedure Requirements. (ssp, ) [Transferred from njd on 5/1/2024.]
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Judge Karen M. Williams and Magistrate Judge Ann Marie Donio added. (dmw) [Transferred from njd on 5/1/2024.]
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Filing 2
Corporate Disclosure Statement by Metal Supermarkets Franchising America Inc. (PICKEL, CHRISTINE) [Transferred from njd on 5/1/2024.]
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Filing 1
NOTICE OF REMOVAL by Metal Supermarkets Franchising America Inc from Superior Court of New Jersey, Law Div, Gloucester County, case number GLO-L-000791-22. ( Filing and Admin fee $ 402 receipt number BNJDC-13747866), filed by Metal Supermarkets Franchising America Inc. (Attachments: #1 Exhibit State Court Complaint, #2 Exhibit Acknowledgment of Service, #3 Civil Cover Sheet)(PICKEL, CHRISTINE) [Transferred from njd on 5/1/2024.]
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