Excelsior Capital, LLC v. Devine et al


New York Eastern District Court (nyed)

Docket Number: 2:10-cv-01319
Pacer Case Number: 302473

Date filed: 2010-03-23
Date terminated: None entered
Date last filing: 2011-10-17

Document List

This docket is unofficial and may be incomplete or out-of-date. The official docket is available on PACER (fees may apply). For more information, click here
1.0 COMPLAINT against Bruce Buzil, Christopher Devine, Greenb...
COMPLAINT against Bruce Buzil, Christopher Devine, Greenberg Traurig, LLP, Robert E. Neiman Disclosure Statement on Civil Cover Sheet completed -No,, filed by Excelsior Capital, LLC. (Attachments: # 1 Civil Cover Sheet) (Rodecker, John) (Entered: 03/25/2010)
Date filed in court 03/23/2010
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2.0 DISCLOSURE of Interested Parties by Excelsior Capital, LL...
DISCLOSURE of Interested Parties by Excelsior Capital, LLC. (Rodecker, John) (Entered: 03/25/2010)
Date filed in court 03/23/2010
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3.0 Notice of Related Case (Rodecker, John) (Entered: 03/25/2...
Notice of Related Case (Rodecker, John) (Entered: 03/25/2010)
Date filed in court 03/23/2010
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4.0 SUMMONS Returned Executed by Excelsior Capital, LLC. Bruc...
SUMMONS Returned Executed by Excelsior Capital, LLC. Bruce Buzil served on 3/24/2010, answer due 4/14/2010; Christopher Devine served on 3/24/2010, answer due 4/14/2010; Greenberg Traurig, LLP served on 3/23/2010, answer due 4/13/2010. (Burstein, Judd) (Entered: 04/05/2010)
Date filed in court 04/05/2010
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5.0 SUMMONS Returned Executed by Excelsior Capital, LLC. Robe...
SUMMONS Returned Executed by Excelsior Capital, LLC. Robert E. Neiman served on 4/2/2010, answer due 4/23/2010. (Burstein, Judd) (Entered: 04/07/2010)
Date filed in court 04/07/2010
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6.0 NOTICE of Appearance by Mary Elizabeth McGarry on behalf ...
NOTICE of Appearance by Mary Elizabeth McGarry on behalf of Greenberg Traurig, LLP, Robert E. Neiman (aty to be noticed) (McGarry, Mary) (Entered: 04/07/2010)
Date filed in court 04/07/2010
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7.0 NOTICE of Appearance by Michael Joseph Castiglione on beh...
NOTICE of Appearance by Michael Joseph Castiglione on behalf of Greenberg Traurig, LLP, Robert E. Neiman (aty to be noticed) (Castiglione, Michael) (Entered: 04/07/2010)
Date filed in court 04/07/2010
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8.0 Corporate Disclosure Statement by Greenberg Traurig, LLP ...
Corporate Disclosure Statement by Greenberg Traurig, LLP (McGarry, Mary) (Entered: 04/07/2010)
Date filed in court 04/07/2010
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9.0 STIPULATION and [Proposed] Order for Extension of Time to...
STIPULATION and [Proposed] Order for Extension of Time to Answer, Move or Otherwise Respond to Complaint by Bruce Buzil, Christopher Devine, Excelsior Capital, LLC, Greenberg Traurig, LLP, Robert E. Neiman (McGarry, Mary) (Entered: 04/07/2010)
Date filed in court 04/07/2010
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10.0 NOTICE of Appearance by Ryan Kane on behalf of Greenberg ...
NOTICE of Appearance by Ryan Kane on behalf of Greenberg Traurig, LLP, Robert E. Neiman (aty to be noticed) (Kane, Ryan) (Entered: 04/07/2010)
Date filed in court 04/07/2010
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11.0 ORDER Re: 9 Stipulation extending defendants time to answ...
ORDER Re: 9 Stipulation extending defendants time to answer, move or otherwise respond to the Complaint to and including 5/13/10. signed by Senior Judge Arthur D. Spatt on 4/8/10. (Coleman, Laurie) (Entered: 04/09/2010)
Date filed in court 04/08/2010
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12.0 NOTICE of Appearance by Thomas Jerome Curran on behalf of...
NOTICE of Appearance by Thomas Jerome Curran on behalf of Christopher Devine (aty to be noticed) (Curran, Thomas) (Entered: 05/12/2010)
Date filed in court 05/12/2010
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13.0 NOTICE of Appearance by Kevin Joseph O'Connor on behalf o...
NOTICE of Appearance by Kevin Joseph O'Connor on behalf of Christopher Devine (aty to be noticed) (O'Connor, Kevin) (Entered: 05/12/2010)
Date filed in court 05/12/2010
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14.0 NOTICE of Appearance by Alan Robert Peterman on behalf of...
NOTICE of Appearance by Alan Robert Peterman on behalf of Bruce Buzil (aty to be noticed) (Peterman, Alan) (Entered: 05/12/2010)
Date filed in court 05/12/2010
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15.0 ANSWER to 1 Complaint by Bruce Buzil. (Peterman, Alan) (E...
ANSWER to 1 Complaint by Bruce Buzil. (Peterman, Alan) (Entered: 05/13/2010)
Date filed in court 05/13/2010
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16.0 ANSWER to 1 Complaint and Affirmative Defenses by Christo...
ANSWER to 1 Complaint and Affirmative Defenses by Christopher Devine. (O'Connor, Kevin) (Entered: 05/13/2010)
Date filed in court 05/13/2010
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17.0 ANSWER to 1 Complaint (with Certificate of Service) by Gr...
ANSWER to 1 Complaint (with Certificate of Service) by Greenberg Traurig, LLP, Robert E. Neiman. (Attachments: # 1 Letter) (McGarry, Mary) (Entered: 05/13/2010)
Date filed in court 05/13/2010
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18.0 THIRD PARTY COMPLAINT Jury Trial Demanded against C. Robe...
THIRD PARTY COMPLAINT Jury Trial Demanded against C. Robert Allen, III, Luke Allen, filed by Christopher Devine. (O'Connor, Kevin) (Entered: 05/24/2010)
Date filed in court 05/24/2010
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19.0 Third Party Defendants C. Robert Allen, III, and Luke All...
Third Party Defendants C. Robert Allen, III, and Luke Allen, as Guardian for the Property Management of C. Robert Allen, III ANSWER to 18 Third Party Complaint, THIRD PARTY COMPLAINT against Christopher Devine by Luke Allen, C. Robert Allen, III. (Wald, Alexandra) (Entered: 06/22/2010)
Date filed in court 06/22/2010
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20.0 NOTICE of Appearance by Nathaniel P.T. Read on behalf of ...
NOTICE of Appearance by Nathaniel P.T. Read on behalf of Luke Allen, C. Robert Allen, III (aty to be noticed) (Read, Nathaniel) (Entered: 06/30/2010)
Date filed in court 06/30/2010
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21.0 NOTICE of Appearance by Harvey B. Silikovitz on behalf of...
NOTICE of Appearance by Harvey B. Silikovitz on behalf of Luke Allen, C. Robert Allen, III (aty to be noticed) (Silikovitz, Harvey) (Entered: 06/30/2010)
Date filed in court 06/30/2010
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22.0 NOTICE of Appearance by Lawrence T. Gresser on behalf of ...
NOTICE of Appearance by Lawrence T. Gresser on behalf of Luke Allen, C. Robert Allen, III (aty to be noticed) (Gresser, Lawrence) (Entered: 07/01/2010)
Date filed in court 07/01/2010
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23.0 Initial Conference ORDER: If counsel cannot agree to the ...
Initial Conference ORDER: If counsel cannot agree to the proposed schedule or minor modifications thereof, as attached, they are directed to appear before the undersigned in Courtroom 810, United States Federal Courthouse, Central Islip, New York at the date and time provided in the initial conference order. See attachments for details. Ordered by Magistrate Judge Arlene R. Lindsay on 7/6/2010. (Attachments: # 1 Proposed Order)(c/ecf) (Horbey, Eric) (Entered: 07/06/2010)
Date filed in court 07/06/2010
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24.0 Notice of MOTION to Strike Certain of Third-Party Defenda...
Notice of MOTION to Strike Certain of Third-Party Defendants' Affirmative Defenses by Christopher Devine. (Attachments: # 1 Memorandum in Support of Motion by Third-Party Plaintiff to Strike Certain of Third-Party Defendants' Affirmative Defenses) (O'Connor, Kevin) (Entered: 07/13/2010)
Date filed in court 07/13/2010
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25.0 DECLARATION re 24 Notice of MOTION to Strike Certain of T...
DECLARATION re 24 Notice of MOTION to Strike Certain of Third-Party Defendants' Affirmative Defenses by Christopher Devine (Attachments: # 1 Exhibit A - to Declaration of Kevin J. O'Connor in Support of Motion to Strike, # 2 Exhibit B - to Declaration of Kevin J. O'Connor in Support of Motion to Strike, # 3 Exhibit C - to Declaration of Kevin J. O'Connor in Support of Motion to Strike, # 4 Exhibit D - to Declaration of Kevin J. O'Connor in Support of Motion to Strike) (O'Connor, Kevin) (Entered: 07/13/2010)
Date filed in court 07/13/2010
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26.0 Letter to the Honorable Arlene R. Lindsay from Mary Eliza...
Letter to the Honorable Arlene R. Lindsay from Mary Elizabeth McGarry by Greenberg Traurig, LLP, Robert E. Neiman (McGarry, Mary) (Entered: 07/15/2010)
Date filed in court 07/15/2010
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27.0 MEMORANDUM in Opposition re 24 Notice of MOTION to Strike...
MEMORANDUM in Opposition re 24 Notice of MOTION to Strike Certain of Third-Party Defendants' Affirmative Defenses (Memorandum of Law in Opposition to Motion by Third-Party Plaintiff Christopher Devine to Strike Certain of Third-Party Defendants' Affirmative Defenses) filed by Luke Allen, C. Robert Allen, III. (Wald, Alexandra) (Entered: 07/28/2010)
Date filed in court 07/28/2010
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28.0 AFFIDAVIT/DECLARATION in Opposition re 24 Notice of MOTIO...
AFFIDAVIT/DECLARATION in Opposition re 24 Notice of MOTION to Strike Certain of Third-Party Defendants' Affirmative Defenses (Declaration of Alexandra Wald) filed by Luke Allen, C. Robert Allen, III. (Attachments: # 1 Exhibit (Exhibit A - Declaration of Alexandra Wald), # 2 Exhibit (Exhibit B - Declaration of Alexandra Wald), # 3 Exhibit (Exhibit C - Declaration of Alexandra Wald), # 4 Exhibit (Exhibit D - Declaration of Alexandra Wald), # 5 Exhibit (Exhibit E - Declaration of Alexandra Wald), # 6 Exhibit (Exhibit F - Declaration of Alexandra Wald), # 7 Exhibit (Exhibit G - Declaration of Alexandra Wald), # 8 Exhibit (Exhibit H - Declaration of Alexandra Wald), # 9 Exhibit (Exhibit I - Declaration of Alexandra Wald)) (Wald, Alexandra) (Entered: 07/28/2010)
Date filed in court 07/28/2010
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29.0 REPLY in Support re 24 Notice of MOTION to Strike Certain...
REPLY in Support re 24 Notice of MOTION to Strike Certain of Third-Party Defendants' Affirmative Defenses filed by Christopher Devine. (Curran, Thomas) (Entered: 08/05/2010)
Date filed in court 08/05/2010
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30.0 AFFIDAVIT/DECLARATION in Support re 24 Notice of MOTION t...
AFFIDAVIT/DECLARATION in Support re 24 Notice of MOTION to Strike Certain of Third-Party Defendants' Affirmative Defenses filed by Christopher Devine. (Attachments: # 1 Exhibit A) (Curran, Thomas) (Entered: 08/05/2010)
Date filed in court 08/05/2010
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31.0 Letter to Honorable Arlene R. Lindsay by Greenberg Trauri...
Letter to Honorable Arlene R. Lindsay by Greenberg Traurig, LLP, Robert E. Neiman (Attachments: # 1 Proposed Order - Proposed Scheduling Order) (McGarry, Mary) (Entered: 08/06/2010)
Date filed in court 08/06/2010
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32.0 SCHEDULING ORDER: Final Pretrial Conference set for 6/14/...
SCHEDULING ORDER: Final Pretrial Conference set for 6/14/2011 11:30 AM before Magistrate Judge Michael L. Orenstein. Ordered by Magistrate Judge Arlene R. Lindsay on 8/27/2010. (Imrie, Robert) (Entered: 08/27/2010)
Date filed in court 08/27/2010
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33.0 STIPULATION / [Proposed] Stipulated ESI Order by Luke All...
STIPULATION / [Proposed] Stipulated ESI Order by Luke Allen, C. Robert Allen, III, Bruce Buzil, Christopher Devine, Excelsior Capital, LLC, Greenberg Traurig, LLP, Robert E. Neiman (Attachments: # 1 Letter to Honorable Arlene R. Lindsay) (McGarry, Mary) (Entered: 09/02/2010)
Date filed in court 09/02/2010
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34.0 Letter to the Honorable Arlene R. Lindsay by Greenberg Tr...
Letter to the Honorable Arlene R. Lindsay by Greenberg Traurig, LLP, Robert E. Neiman (Attachments: # 1 Proposed Order Protective Order - Version 1, # 2 Proposed Order Protective Order - Version 2, # 3 Proposed Order Protective Order - Blackline Version) (McGarry, Mary) (Entered: 09/03/2010)
Date filed in court 09/03/2010
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35.0 MOTION for Leave to Appear Pro Hac Vice Pro Hac Vice Fili...
MOTION for Leave to Appear Pro Hac Vice Pro Hac Vice Filing fee $ 25, receipt number 0207-4346484. by Christopher Devine. (Attachments: # 1 Affidavit in Support, # 2 Proposed Order, # 3 Declaration) (O'Connor, Kevin) (Entered: 09/07/2010)
Date filed in court 09/07/2010
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36.0 MOTION for Leave to Appear Pro Hac Vice Pro Hac Vice Fili...
MOTION for Leave to Appear Pro Hac Vice Pro Hac Vice Filing fee $ 25, receipt number 0207-4346529. by Christopher Devine. (Attachments: # 1 Affidavit in Support, # 2 Proposed Order, # 3 Declaration) (O'Connor, Kevin) (Entered: 09/07/2010)
Date filed in court 09/07/2010
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37.0 NOTICE of Appearance by Edward Pacer on behalf of Christo...
NOTICE of Appearance by Edward Pacer on behalf of Christopher Devine (aty to be noticed) (Pacer, Edward) (Entered: 09/08/2010)
Date filed in court 09/08/2010
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38.0 NOTICE of Appearance by David Scriven-Young on behalf of ...
NOTICE of Appearance by David Scriven-Young on behalf of Christopher Devine (aty to be noticed) (Scriven-Young, David) (Entered: 09/08/2010)
Date filed in court 09/08/2010
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39.0 MOTION for Leave to Appear Pro Hac Vice by Daniel Budori...
MOTION for Leave to Appear Pro Hac Vice by Daniel Budorick, Esq. Fee Paid: $25.00. Receipt: # 0207-4346420. Filed by Christopher Devine. (Attachments: # 1 Affidavit in Support, # 2 Proposed Order, # 3 Declaration of Service) (Coleman, Laurie) (Entered: 09/10/2010)
Date filed in court 09/10/2010
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40.0 NOTICE of Change of Suite Number by Edward Pacer (Pacer, ...
NOTICE of Change of Suite Number by Edward Pacer (Pacer, Edward) (Entered: 09/23/2010)
Date filed in court 09/23/2010
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41.0 Letter Pursuant to Local Rule 37.3 Addressed to Honorable...
Letter Pursuant to Local Rule 37.3 Addressed to Honorable Arlene R. Lindsay by Greenberg Traurig, LLP, Robert E. Neiman (Attachments: # 1 Proposed Order Exhibit A) (McGarry, Mary) (Entered: 10/07/2010)
Date filed in court 10/07/2010
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42.0 Letter pursuant to Local Rule 37.3 addressed to Honorable...
Letter pursuant to Local Rule 37.3 addressed to Honorable Arlene R. Lindsay by Cohen & Gresser LLP. by Luke Allen, C. Robert Allen, III (Wald, Alexandra) (Entered: 10/13/2010)
Date filed in court 10/13/2010
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43.0 Letter (Corrected Version) pursuant to Local Rule 37.3 ad...
Letter (Corrected Version) pursuant to Local Rule 37.3 addressed to Honorable Arlene R. Lindsay by Cohen & Gresser LLP. by Luke Allen, C. Robert Allen, III (Wald, Alexandra) (Entered: 10/13/2010)
Date filed in court 10/13/2010
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44.0 Letter to the Honorable Arlene R. Lindsay by Greenberg Tr...
Letter to the Honorable Arlene R. Lindsay by Greenberg Traurig, LLP, Robert E. Neiman (McGarry, Mary) (Entered: 10/14/2010)
Date filed in court 10/14/2010
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45.0 NOTICE of Appearance by Alexis Gena Stone on behalf of Lu...
NOTICE of Appearance by Alexis Gena Stone on behalf of Luke Allen, C. Robert Allen, III (aty to be noticed) (Stone, Alexis) (Entered: 10/15/2010)
Date filed in court 10/15/2010
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46.0 ORDER re 41 42 43 : See attached order for details. Order...
ORDER re 41 42 43 : See attached order for details. Ordered by Magistrate Judge Arlene R. Lindsay on 10/21/2010. c/ecf (Johnston, Linda) (Entered: 10/21/2010)
Date filed in court 10/21/2010
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47.0 Letter to Honorable Arlene R. Lindsay by Greenberg Trauri...
Letter to Honorable Arlene R. Lindsay by Greenberg Traurig, LLP, Robert E. Neiman (Attachments: # 1 Proposed Order [Proposed] Protective Order) (Castiglione, Michael) (Entered: 10/22/2010)
Date filed in court 10/22/2010
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48.0 MEMORANDUM OF DECISION AND ORDER - It is hereby ORDERED t...
MEMORANDUM OF DECISION AND ORDER - It is hereby ORDERED that Devine's motion to strike the Allen Third Party Defendants' Second Defense, waiver and stoppel, is granted, with leave to replead consistent with this opinion within twenty days of the date hereof; and it is further ORDERED that Devine's motion to strike the Allen Third Party Defendants' Third Defense, unclean hands, is granted with respect to Devine's breach of contract claim, and denied in all other respects; and it is further ORDERED that the Allen Third Party Defendants' Ninth Defense, that Devine is entitled to no contribution for RICO liability, is deemed withdrawn with prejudice by the Allen Third Party Defendants; and it is further ORDERED that Devines motion to strike the Allen Third Party Defendants' Fourteenth Defense, fraudulent inducement, is granted with leave to replead consistent with this opinion within twenty days of the date hereof; and it is further ORDERED that Devine's motion to strike the Allen Third Party Defendants Twenty-First Defense is granted. So Ordered. Signed by Senior Judge Arthur D. Spatt on January 26, 2011. (Coleman, Laurie) (Entered: 01/26/2011)
Date filed in court 01/26/2011
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49.0 Proposed Scheduling Order by Christopher Devine (Attachme...
Proposed Scheduling Order by Christopher Devine (Attachments: # 1 Stipulation and Proposed Scheduling Order, # 2 Letter to Court) (O'Connor, Kevin) (Entered: 02/08/2011)
Date filed in court 02/08/2011
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50.0 AMENDED ANSWER to 18 Third Party Complaint by Luke Allen,...
AMENDED ANSWER to 18 Third Party Complaint by Luke Allen, C. Robert Allen, III. (Wald, Alexandra) (Entered: 02/15/2011)
Date filed in court 02/15/2011
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51.0 SUGGESTION OF DEATH Upon the Record as to Third-Party Def...
SUGGESTION OF DEATH Upon the Record as to Third-Party Defendant C. Robert Allen by C. Robert Allen, III (Wald, Alexandra) (Entered: 03/17/2011)
Date filed in court 03/17/2011
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52.0 Letter Advising of Possible Discovery Problems by Christo...
Letter Advising of Possible Discovery Problems by Christopher Devine (O'Connor, Kevin) (Entered: 03/29/2011)
Date filed in court 03/29/2011
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53.0 STATUS REPORT Concerning the Death of C. Robert Allen, II...
STATUS REPORT Concerning the Death of C. Robert Allen, III by Christopher Devine (Scriven-Young, David) (Entered: 05/31/2011)
Date filed in court 05/31/2011
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54.0 MOTION to Substitute Party And Amend Third-Party Complain...
MOTION to Substitute Party And Amend Third-Party Complaint by Christopher Devine. (O'Connor, Kevin) (Entered: 06/14/2011)
Date filed in court 06/14/2011
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55.0 MEMORANDUM in Support re 54 MOTION to Substitute Party An...
MEMORANDUM in Support re 54 MOTION to Substitute Party And Amend Third-Party Complaint filed by Christopher Devine. (O'Connor, Kevin) (Entered: 06/14/2011)
Date filed in court 06/14/2011
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56.0 AFFIDAVIT/DECLARATION in Support re 54 MOTION to Substitu...
AFFIDAVIT/DECLARATION in Support re 54 MOTION to Substitute Party And Amend Third-Party Complaint filed by Christopher Devine. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11) (O'Connor, Kevin) (Entered: 06/14/2011)
Date filed in court 06/14/2011
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57.0 Notice of MOTION to Substitute Party Estate of C. Robert ...
Notice of MOTION to Substitute Party Estate of C. Robert Allen, III, by its Executrix Grace M. Allen by C. Robert Allen, III. (Attachments: # 1 Declaration, # 2 Exhibit) (Whittemore, Reed) (Entered: 06/15/2011)
Date filed in court 06/15/2011
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58.0 AFFIDAVIT of Service for Notice of Motion and Supporting ...
AFFIDAVIT of Service for Notice of Motion and Supporting Documents served on Grace Allen on 6/24/11, filed by Christopher Devine. (O'Connor, Kevin) (Entered: 07/05/2011)
Date filed in court 07/05/2011
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59.0 STATUS REPORT by Christopher Devine (Scriven-Young, David...
STATUS REPORT by Christopher Devine (Scriven-Young, David) (Entered: 07/15/2011)
Date filed in court 07/15/2011
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60.0 AFFIDAVIT of Service for Notice of Motion, Memorandum of ...
AFFIDAVIT of Service for Notice of Motion, Memorandum of Law, Declaration served on Grace Allen on 6/24/11, filed by Christopher Devine. (O'Connor, Kevin) (Entered: 07/20/2011)
Date filed in court 07/20/2011
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61.0 Letter to Hon. Arlene Rosario Lindsay by Excelsior Capita...
Letter to Hon. Arlene Rosario Lindsay by Excelsior Capital, LLC (Burstein, Judd) (Entered: 07/28/2011)
Date filed in court 07/28/2011
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62.0 STATUS REPORT by Christopher Devine (Scriven-Young, Davi...
STATUS REPORT by Christopher Devine (Scriven-Young, David) (Entered: 08/30/2011)
Date filed in court 08/30/2011
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Date uploaded to RECAP 08/31/2011
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