Plaintiffs sought injunctive and declaratory relief against New York's lawyer disciplinary committee over the state's new mandatory ethics rules that governed lawyer advertising.
Date Filed
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#
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Docket Text
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| February 1, 2007 |
1
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COMPLAINT against Gary L. Casella, Rita E. Adler, Mark S. Ochs, Anthony J. Gigliotti, Daniel A. Drake, Vincent L. Scarsella, Thomas J. Cahill, Diana Maxfield Kearse ( Filing fee $ 350
receipt number 696446) filed by James L. Alexander, Alexander & Catalano LLC, Public Citizen, Inc.. (Attachments: # 1 Civil Cover Sheet)(ban) (Entered: February 2, 2007)
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| February 1, 2007 |
2
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Summons Issued as to Gary L. Casella, Rita E. Adler, Mark S. Ochs, Anthony J. Gigliotti, Daniel A. Drake, Vincent L. Scarsella, Thomas J. Cahill, Diana Maxfield Kearse and AG Andrew Cuomo
for all Defendants. (Attachments: # 1 for Thomas Cahill c/o AG Andrew Cuomo#
2 Summons for Diana Maxfield Kearse# 3 Summons for Diana Maxfield Kearse, C/o AG Andrew Cuomo# 4 Summons for Gary L. Casella# 5 Summons for Gary L. Casella, c/o AG Andrew Cuomo# 6 Summons for Rita E. Adler# 7 Summons for Rita E. Adler, c/o AG Andrew Cuomo# 8 Summons for Mark S. Ochs# 9 Summons for Mark S. Ochs, c/o AG Andrew Cuomo# 10 Summons for Anthony J. Gigliotti# 11 Summons for Anthony J. Gigliotti, c/o AG Andrew Cuomo# 12 Summons for Daniel A. Drake# 13 Summons for Daniel A. Drake, c/o AG Andrew Cuomo# 14 Summons for Vincent L. Scarsella# 15 Summons for Vincent L. Scarsella, c/o AG Andrew Cuomo)(ban) Modified on 2/2/2007
(ban). (Entered: February 2, 2007)
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| February 1, 2007 |
3
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G.O. 25 FILING ORDER ISSUED:Initial Conference set for 6/19/2007 11:30 AM in Syracuse before Magistrate Judge George H. Lowe.,Civil Case Management Plan due by 6/11/2007. (ban) (Entered:
02/02/2007)
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| February 12, 2007 |
4
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MOTION for Limited Admission Pro Hac Vice of Gregory A. Beck by James L. Alexander, Alexander & Catalano LLC, Public Citizen, Inc.. (Attachments: # 1 Proposed Order/Judgment # 2 Verified Petition for Admission to Practice# 3 Affidavit Affidavit of Sponsor Scott L. Nelson# 4 Certificate of Good Standing# 5 New Attorney E-Filing Registration Form# 6 Oath on Admission) Motions referred to George H. Lowe. (Nelson, Scott) (Entered:
02/12/2007)
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| February 12, 2007 |
5
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MOTION for Limited Admission Pro Hac Vice of Brian Wolfman by James L. Alexander, Alexander & Catalano LLC, Public Citizen, Inc.. (Attachments: # 1 Proposed Order/Judgment # 2 Verified Petition for Admission to Practice# 3 Affidavit of Sponsor Scott L. Nelson# 4 Certificate of Good Standing# 5 New Attorney E-Filing Registration Form# 6 Oath on Admission) Motions referred to George H. Lowe. (Nelson, Scott) (Entered:
02/12/2007)
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| February 14, 2007 |
6
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MOTION for Preliminary Injunction Motion Hearing set for 3/23/2007 10:00 AM in Albany before Senior Judge Frederick J. Scullin Jr..,Response to Motion due by 3/6/2007,Reply to Response to
Motion due by 3/12/2007. by James L. Alexander, Alexander & Catalano LLC, Public Citizen, Inc.. (Attachments: # 1 Memorandum of Law in Support of Motion for Preliminary Injunction# 2 Exhibit(s) 1 to Memorandum: Amended Lawyer Advertising Rules# 3 Exhibit(s) 2 to Memorandum: Redlined Amended Lawyer Advertising Rules# 4 Declaration of James Alexander# 5 Exhibit(s) 1 to Alexander Declaration (Notice of Filing) of DVD with
Advertisements# 6 Exhibit(s) 2 to Alexander Declaration (FTC Comments on
Proposed Rules)# 7 Exhibit(s) 3 to Alexander Declaration (part 1) (Task Force
Report on Attorney Advertising)# 8 Exhibit(s) 3 to Alexander Declaration
(part 2) (Task Force Report on Attorney Advertising)# 9 Declaration of Peter
Catalano# 10 Exhibit(s) 1 to Catalano Declaration (Transcript of Remarks of
Justice Pigott)# 11 Declaration of Brian Wolfman# 12 Corporate Disclosure Statement Pursuant to FRCP 7.1) (Nelson, Scott) (Entered:
02/14/2007)
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| February 15, 2007 |
7
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AFFIDAVIT of Service for Summons and Complaint and Motions for Admission Pro Hac Vice served on All defendants (through service on the Attorney General of New York, Assistant Atty
Gen. Roger B. Williams) on Feb. 15, 2007, filed by James L. Alexander, Alexander & Catalano LLC, Public Citizen, Inc.. (Nelson, Scott) (Entered: February 15, 2007)
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| February 15, 2007 |
8
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CERTIFICATE OF SERVICE by James L. Alexander, Alexander & Catalano LLC, Public Citizen, Inc. re 6 MOTION for Preliminary Injunction (Nelson, Scott) (Entered: February 15, 2007)
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| February 16, 2007 |
9
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NOTICE of Appearance by Patrick F. MacRae on behalf of all defendants (MacRae, Patrick) (Entered: February 16, 2007)
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| February 16, 2007 |
10
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NOTICE of Appearance by Patrick F. MacRae on behalf of all defendants (MacRae, Patrick) (Entered: February 16, 2007)
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| February 16, 2007 |
11
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CERTIFICATE OF SERVICE by James L. Alexander, Alexander & Catalano LLC, Public Citizen, Inc. re 1 Complaint, 2 Summons Issued,,, on all defendants by certified mail pursuant to NY law
(Nelson, Scott) (Entered: February 16, 2007)
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| February 20, 2007 |
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Filing fee for Pro Hac Admission for Brian Wolfman and Gregory Beck; $ 60.00, receipt number SYR10686 (alh, ) (Entered: February 20, 2007)
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| February 22, 2007 |
12
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DVD EXHIBIT: filed on behalf of James L. Alexander, Alexander & Catalano LLC, and Public Citizen, Inc, containing a selection of television advertisments by Alexander & Catalano, in
further support of the # 6 Motion for Preliminary Injunction. {DVD on file
with the Clerk, not available for electronic view} (jmb) (Entered: February 22, 2007)
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| February 23, 2007 |
13
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ORDER: granting the # 4 Motion for Limited Admission Pro Hac Vice as to
Gregory A. Beck as to plaintiffs'. Signed by Judge George H. Lowe on 2/23/07. (jmb) (Entered: February 23, 2007)
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| February 23, 2007 |
14
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ORDER: granting the # 5 Motion for Limited Admission Pro Hac Vice for Brian
Wolfman on behalf of the plaintiffs'. Signed by Judge George H. Lowe on 2/23/07. (jmb) (Entered: February 23, 2007)
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| March 5, 2007 |
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SCHEDULING NOTICE: Reset Motion Argument as to 6 MOTION for Preliminary
Injunction. Due to a change in the Court's calendar: Motion Hearing reset (moved up) for 3/19/2007 at 10:00 AM in Albany before Senior Judge Frederick J. Scullin Jr. All other deadlines
remain the same. (Barbara J. Woodford, Courtroom Clerk) (bjw, ) (Entered: March 5, 2007)
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| March 5, 2007 |
15
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Letter Motion from Greg Beck, Counsel for Plaintiffs for James L. Alexander, Alexander & Catalano LLC, Public Citizen, Inc. requesting Continuance of Return Date on Motion for
Preliminary Injunction submitted to Judge Scullin. (Nelson, Scott) (Entered: March 5, 2007)
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| March 6, 2007 |
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SCHEDULING NOTICE: Plaintiff's 15 Letter request is granted re 6 MOTION for Preliminary Injunction and the following schedule has been set. Response
to Motion due by 3/27/2007 Reply to Response to Motion due by 4/3/2007. Motion Argument reset for 4/13/2007 at 10:00 AM in Syracuse before Senior Judge Frederick J. Scullin Jr. (Barbara J.
Woodford, Courtroom Clerk) (bjw, ) (Entered: March 6, 2007)
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| March 6, 2007 |
16
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NOTICE of Appearance by Gregory A. Beck on behalf of all plaintiffs (Beck, Gregory) (Entered: March 6, 2007)
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| March 6, 2007 |
17
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NOTICE of Appearance by Brian Wolfman on behalf of all plaintiffs (Wolfman, Brian) (Entered: March 6, 2007)
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| March 9, 2007 |
18
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Letter Motion from Patrick F. MacRae, AAG for Gary L. Casella, Rita E. Adler, Mark S. Ochs, Anthony J. Gigliotti, Daniel A. Drake, Vincent L. Scarsella, Thomas J. Cahill, Diana Maxfield
Kearse requesting Extension of time to respond to Complaint submitted to Judge Scullin. (MacRae, Patrick) (Entered: March 9, 2007)
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| March 12, 2007 |
19
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ORDER granting 18 Letter Request for defendants Gary L. Casella; Rita E.
Adler; Mark S. Ochs; Anthony J. Gigliotti; Daniel A. Drake; Vincent L. Scarsella; Thomas J. Cahill; Diana Maxfield Kearse to answer complaint by 3/27/2007. Signed by Judge Frederick J.
Scullin Jr. on 3/12/07. (dmf) (Entered: March 12, 2007)
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| March 27, 2007 |
20
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RESPONSE in Opposition re 6 MOTION for Preliminary Injunction filed by Gary
L. Casella, Rita E. Adler, Mark S. Ochs, Anthony J. Gigliotti, Daniel A. Drake, Vincent L. Scarsella, Thomas J. Cahill, Diana Maxfield Kearse. (Attachments: # 1 Exhibit(s) DVD traditionally filed# 2 Memorandum of Law # 3 Exhibit(s) 1 to Memorandum of Law# 4 Exhibit(s) 2 to Memorandum of Law# 5 Exhibit(s) 3 to Memorandum of Law# 6 Exhibit(s) 4 to Memorandum of Law# 7 Exhibit(s) 5 to Memorandum of Law# 8 Exhibit(s) 6 to Memorandum of Law# 9 Notice of Cross-Motion)(MacRae, Patrick) Modified on 4/2/2007 (bjw, ). (Entered:
03/27/2007)
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| March 27, 2007 |
21
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MEMORANDUM OF LAW re 20 Response in Opposition to Motion and 22 Cross-Motion to Dismiss filed by Gary L. Casella, Rita E. Adler, Mark S. Ochs,
Anthony J. Gigliotti, Daniel A. Drake, Vincent L. Scarsella, Thomas J. Cahill, Diana Maxfield Kearse. (MacRae, Patrick) Modified on 4/2/2007 (bjw, ). (Entered: March 27, 2007)
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| April 2, 2007 |
22
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CROSS-MOTION to Dismiss Motion Hearing set for 4/13/2007 10:00 AM in Syracuse before Senior Judge Frederick J. Scullin Jr..,Response to Motion due by 4/3/2007 by Gary L. Casella, Rita E.
Adler, Mark S. Ochs, Anthony J. Gigliotti, Daniel A. Drake, Vincent L. Scarsella, Thomas J. Cahill, Diana Maxfield Kearse. (bjw, ) Modified on 4/2/2007 (bjw, ). (Entered: April 2, 2007)
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| April 2, 2007 |
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CLERK'S CORRECTION OF DOCKET ENTRY : Notice of Cross Motion contained within 20 Opposition to Motion was docketed as a separate motion with response deadline
given. (bjw, ) (Entered: April 2, 2007)
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| April 2, 2007 |
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Set/Reset Deadlines as to 22 MOTION to Dismiss. Response to Motion due by
4/3/2007 (bjw, ) (Entered: April 2, 2007)
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| April 3, 2007 |
23
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REPLY to Response to Motion re 6 MOTION for Preliminary Injunction, 22 MOTION to Dismiss filed by James L. Alexander, Alexander & Catalano LLC,
Public Citizen, Inc.. (Attachments: # 1 Exhibit(s) Exhibit 1: Unpublished
Decision in Capoccia v. Committee on Professional Standards# 2 Declaration
Declaration of Kristin Adams)(Beck, Gregory) (Entered: April 3, 2007)
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| April 13, 2007 |
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Minute Entry for proceedings held before Judge Frederick J. Scullin Jr.: Motion Hearing held on 4/13/2007 re 6 MOTION for Preliminary Injunction filed by Public Citizen, Inc., Alexander &
Catalano LLC, James L. Alexander, 22 CROSS MOTION to Dismiss filed by Mark
S. Ochs, Anthony J. Gigliotti, Rita E. Adler, Diana Maxfield Kearse, Daniel A. Drake, Vincent L. Scarsella, Gary L. Casella, Thomas J. Cahill. Cross-motion argued first. Deft argues that
the Public Citizen does not have standing in this action. The Public Citizen argues they have standing as it has filed this lawsuit as representing its New York members. Deft argues that
those members will not be affected by the outcome of this case, that the interest that Pltf seeks to protect do not affect these menbers. Motion Denied. Deft argues that the Pltf has not
sued the proper parties. Motion Denied. Deft requests that Court hold decision in abeyance until NYS matters are decided. The Court states that the federal claim challenging
constitutionality is the only claim to be decided, therefore request is Denied. MOTION for PI is argued. Pltf is seeking to prohibit rules pending the conclusion of this litigation. The
Court finds that the legal standard to be used in this case is irreparable harm and liklihood of success on the merits and orders a consolidated trial on the merits. (non-jury) Parties to
contact magistrate judge to move up Rule 16 conference. Bench trial date: 6/18/2007. Therefore, 6 MOTION for Preliminary Injunction is Reserved. 22 CROSS MOTION to Dismiss is Denied. APP: Gregory Beck, Esq, and Brain Wolfman,
Esq. for Pltfs.; Patrick MacRae, AAG for Defts. LC: BA. (Court Reporter Jodi Hibbard) (bjw, ) (Entered: April 16, 2007)
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| April 16, 2007 |
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NOTICE of Hearing: Initial Conference set for 6/19/07 IS MOVED UP TO 5/31/2007 at 09:00 AM before Magistrate Judge George H. Lowe. Civil Case Management Plan due by 5/21/2007. The
CONFERENCE WILL BE CONDUCTED BY TELEPHONE. Plaintiff's attorney is responsible for initiating the call using AT&T or any teleconference service and should call the chambers of
Magistrate Judge George H. Lowe at (315) 234-8618, a dedicated conference line which may not be used for other purposes. (tjm) (Entered: April 16, 2007)
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| April 16, 2007 |
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NOTICE of Hearing:Initial Telephone Conference IS RESCHEDULED for 4/19/2007 at 02:00 PM before Magistrate Judge George H. Lowe. Civil Case Management Plan due by close of business
4/18/2007. Gregory Beck, Plaintiff's attorney, is responsible for initiating the call using AT&T or any teleconference service and should call the chambers of Magistrate Judge George H.
Lowe at (315) 234-8618, a dedicated conference line which may not be used for other purposes. (tjm) (Entered: April 16, 2007)
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| April 18, 2007 |
24
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CIVIL CASE MANAGEMENT PLAN by Gary L. Casella, Rita E. Adler, Mark S. Ochs, Anthony J. Gigliotti, Daniel A. Drake, Vincent L. Scarsella, James L. Alexander, Alexander & Catalano LLC,
Public Citizen, Inc., Thomas J. Cahill, Diana Maxfield Kearse. (Beck, Gregory) (Entered: April 18, 2007)
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| April 19, 2007 |
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Minute Entry for proceedings held before Judge George H. Lowe : Initial Pretrial Telephone Conference held on 4/19/2007. Appearances: Gregory Beck, Esq., for Plaintiffs; Patrick MacRae and
Nelson Sheingold, Esqs., for Defendants. Judge Lowe advises counsel of the motion filing schedule set by Judge Scullin. A Summary judgment motion is to be filed May 11th. Response is due
May 25th and a reply, if any, is due on June 1st. The motion is returnable on June 18th at 3:00 p.m. before Judge Scullin in Syracuse. Counsel are to file a joint letter to Judge Lowe by
April 27th confirming that they have stipulated to all the facts and that no discovery is necessary. Judge Lowe is to be advised immediately if a discovery issue arises. (Tape #93) (tjm)
(Entered: April 19, 2007)
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| April 20, 2007 |
25
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RECORD of Proceedings: Motion Argument held on 4/13/07 before Judge Frederick J. Scullin, Jr. Court Reporter: Jodi L. Hibbard. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to
remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Redact with the Clerk's Office within 5 business days of this date. The policy
governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within
5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Notice
of Intent to Redact due by 4/27/2007,Transcript due by 7/19/2007. (jlh, ) (Entered: April 20, 2007)
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| April 23, 2007 |
26
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ORDER: The Court RESERVES DECISION on the # 6 Motion for Preliminary
Injunction, the plaintiff's request to consolidate the hearing on the motion for preliminary injunction with an expedited trial on the merits is GRANTED, the # 22 Motion to Dismiss plaintiff's claims is DENIED, the trial of this matter will
commence on June 18, 2007 at 9:00 AM in Syracuse before Judge Scullin. This case is referred to Magistrate Judge George H. Lowe for all pretrial matters. Signed by Judge Frederick J.
Scullin Jr. on 4/20/07. (jmb) (Entered: April 23, 2007)
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| April 23, 2007 |
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Set Bench Trial for 6/18/2007 at 9:00 AM in Syracuse before Senior Judge Frederick J. Scullin Jr. (jmb) (Entered: April 23, 2007)
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| April 23, 2007 |
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The Court held a motion argument on 4/13/2007 where an oral decision was rendered with a written decision to follow. At the argument a summary trial date of 6/18/2007 was set and the
parties were directed to request an expedited Rule 16 conference. The Rule 16 conference was held on 4/19/2007. At that conference, the parties advised that this matter may be able to be
resolved by motion, that a summary trial may not be necessary. Therefore, the Court set motion argument to be held on the same date as the trial was already set for, 6/18/2007, with a reset
time of 3:00pm, meaning that there would be no trial that day but motion argument would be heard. Because the conference was held before the written decision was issued, reflecting the
schedule that was set on the record at the time of the argument, the scheduling may appear confusing on the docket, therefore the Court makes this clarification. (bjw, ) (Entered:
04/23/2007)
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| April 27, 2007 |
27
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STATUS REPORT of all parties regarding stipulations and discovery by Gary L. Casella, Rita E. Adler, Mark S. Ochs, Anthony J. Gigliotti, Daniel A. Drake, Vincent L. Scarsella, James
L. Alexander, Alexander & Catalano LLC, Public Citizen, Inc., Thomas J. Cahill, Diana Maxfield Kearse. (Beck, Gregory) (Entered: April 27, 2007)
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| May 1, 2007 |
28
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ORDER: approving the # 27 Status Report/Letter Request, resetting the
deadline to answer or otherwise move to 5/11/07 as to Gary L. Casella, Rita E. Adler, Mark S. Ochs, Anthony J. Gigliotti, Daniel A. Drake, Vincent L. Scarsella, Thomas J. Cahill, and Diana
Maxfield Kearse. Signed by Judge George H. Lowe on 5/1/07. (jmb) (Entered: May 2, 2007)
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| May 11, 2007 |
29
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MOTION for Summary Judgment Motion Hearing set for 6/18/2007 03:00 PM in Syracuse before Senior Judge Frederick J. Scullin Jr..,Response to Motion due by 6/1/2007,Reply to Response to
Motion due by 6/7/2007. by Gary L. Casella, Rita E. Adler, Mark S. Ochs, Anthony J. Gigliotti, Daniel A. Drake, Vincent L. Scarsella, Thomas J. Cahill, Diana Maxfield Kearse. (Attachments:
# 1 Memorandum of Law # 2 Declaration of Nelson R. Sheingold) (Sheingold, Nelson) (Entered: May 11, 2007)
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| May 11, 2007 |
30
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CERTIFICATE OF SERVICE by Gary L. Casella, Rita E. Adler, Mark S. Ochs, Anthony J. Gigliotti, Daniel A. Drake, Vincent L. Scarsella, Thomas J. Cahill, Diana Maxfield Kearse re 29 MOTION for Summary Judgment via ECM/CF (Sheingold, Nelson) (Entered:
05/11/2007)
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| May 11, 2007 |
31
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ANSWER to Complaint by Gary L. Casella, Rita E. Adler, Mark S. Ochs, Anthony J. Gigliotti, Daniel A. Drake, Vincent L. Scarsella, Thomas J. Cahill, Diana Maxfield Kearse.(Sheingold, Nelson)
(Entered: May 11, 2007)
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| May 11, 2007 |
32
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CERTIFICATE OF SERVICE by Gary L. Casella, Rita E. Adler, Mark S. Ochs, Anthony J. Gigliotti, Daniel A. Drake, Vincent L. Scarsella, Thomas J. Cahill, Diana Maxfield Kearse re 31 Answer to Complaint via ECM/CF (Sheingold, Nelson) (Entered: May 11, 2007)
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| May 11, 2007 |
33
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MOTION for Summary Judgment Motion Hearing set for 6/18/2007 03:00 PM in Syracuse before Senior Judge Frederick J. Scullin Jr..,Response to Motion due by 6/1/2007,Reply to Response to
Motion due by 6/7/2007. by James L. Alexander, Alexander & Catalano LLC, Public Citizen, Inc.. (Attachments: # 1 Memorandum of Law Memorandum in Support of Motion# 2 Exhibit(s) Exhibit 1 to Memorandum: Amended Rules# 3 Exhibit(s) Exhibit 2 to Memorandum: Redline of Amended Rules# 4 Exhibit(s) Exhibit 3 to Memorandum: Capoccia v. Comm. on Prof'l Standards#
5 Declaration Certificate of Service) (Beck, Gregory) (Entered: May 11, 2007)
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| May 11, 2007 |
34
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STATEMENT OF MATERIAL FACTS re 33 MOTION for Summary Judgment, 29 MOTION for Summary Judgment of all parties filed by James L. Alexander,
Alexander & Catalano LLC, Public Citizen, Inc.. (Attachments: # 1
Exhibit(s) Exhibit 1, Part 1: Task Force Report# 2 Exhibit(s) Exhibit 1,
Part 2: Task Force Report# 3 Exhibit(s) Exhibit 2: FTC Letter# 4 Exhibit(s) Exhibit 3: Comments of Public Citizen# 5 Exhibit(s) Exhibit 4: New York State Bar Association Release# 6 Exhibit(s) Exhibit 5: Office of Court Administration Release)(Beck, Gregory)
(Entered: May 11, 2007)
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| May 11, 2007 |
35
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AFFIDAVIT in Support re 33 MOTION for Summary Judgment of attorney
Gregory A. Beck filed by James L. Alexander, Alexander & Catalano LLC, Public Citizen, Inc.. (Beck, Gregory) (Entered: May 11, 2007)
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| May 25, 2007 |
36
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RESPONSE to Motion re 29 MOTION for Summary Judgment filed by James L.
Alexander, Alexander & Catalano LLC, Public Citizen, Inc.. (Attachments: # 1 Proof of Service)(Beck, Gregory) (Entered: May 25, 2007)
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| May 29, 2007 |
37
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Letter Motion from Bridget E. Holohan for Gary L. Casella, Rita E. Adler, Mark S. Ochs, Anthony J. Gigliotti, Daniel A. Drake, Vincent L. Scarsella, Thomas J. Cahill, Diana Maxfield Kearse
requesting that defendants' motion for summary judgment be considered as defendants' response to plaintiffs' motion for summary judgment as well submitted to Judge Scullin. (Holohan,
Bridget) (Entered: May 29, 2007)
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| May 30, 2007 |
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TEXT ORDER granting 37 Letter Request. Defendants 29 Motion for Summary Judgment will be considered as a response to Plaintiffs
33 Motion for Summary Judgment. Reply to Response due 6/1/2007. Sur-reply
may be filed only if new issues are raised in reply and shall be filed by 6/9/2007.. IT IS SO ORDERED by Judge Frederick J. Scullin Jr. on 5/30/2007. (bjw, ) (Entered: May 30, 2007)
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| June 1, 2007 |
38
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REPLY to Response to Motion re 29 MOTION for Summary Judgment filed by Gary
L. Casella, Rita E. Adler, Mark S. Ochs, Anthony J. Gigliotti, Daniel A. Drake, Vincent L. Scarsella, Thomas J. Cahill, Diana Maxfield Kearse. (Attachments: # 1 Declaration of Electronic Service)(Holohan, Bridget) (Entered: June 1, 2007)
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| June 18, 2007 |
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Minute Entry for proceedings held before Judge Frederick J. Scullin Jr.: Motion Hearing held on 6/18/2007 re 33 MOTION for Summary Judgment filed by Public Citizen, Inc., Alexander &
Catalano LLC, James L. Alexander and 29 MOTION for Summary Judgment filed by
Mark S. Ochs, Anthony J. Gigliotti, Rita E. Adler, Diana Maxfield Kearse, Daniel A. Drake, Vincent L. Scarsella, Gary L. Casella, Thomas J. Cahill. The Court notes that on 4/13/2007 a
motion for preliminary injunction was argued and reserved with an expedited trial ordered. Subsequently, the parties advised the Court that they had agreed on the facts in this case and
therefore requested to move for summary judgment. Argument held. The issue of misleading advertising is argued, whether or not it is or can be proven to be harmful to consumers, whether the
enforcement of current laws governing false advertisement would address the issues the new law is designed to address, whether or not the new law is restricting free speech. NYS argues that
ads must be relevant and factually verifiable to be considered protected speech. Pltfs oppose this argument. The use of trade names in advertising is argued. NYS argues that trade names may
only promote verifiable information and not ability to produce results. Decision Reserved. Written decision to follow. APP: Gregory Beck, Esq. (argues motion) and Brian Wolfman, Esq. for
Pltfs; Bridget Holohan, AAG for NYS Defts. LC: BA. (Court Reporter Diane Martens) (bjw, ) (Entered: June 19, 2007)
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| July 23, 2007 |
39
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MEMORANDUM-DECISION & ORDER: granting the # 6 Motion for Permanent
Injunction; granting in part and denying in part the defendants' # 29 Motion
for Summary Judgment (granted for plaintiffs' on plaintiffs' claims concerning N.Y. Comp. Codes R. & Regs. Title 22 section 1200.6(c)(1),(3),(5),(7) and (g)(1)); and granting in part
and denying in part the plaintiffs' # 33 Motion for Summary Judgment
(granted for defendants' on plaintiff's claims concerning N.Y. Comp. Codes R. & Regs. Title (22, section 1200.7(e), 1200.8(g), and 1200.41-a and plaintiffs' claims concerning the
amended rules' applicability to non-commercial communications). Plaintiffs' request for a declaration that N.Y. Comp Codes R. & Regs. Title 22, section 1200.6(c)(1),(3),(5),(7) and
(g)(1) are unconstitutional based on the current record is granted. Defendants' are hereby enjoined from enforcing amendments to the Disciplinary Rules of the Code or Professional
Responsibility contained in N.Y. Comp. Codes R. & Regs. tit. 22, section 1200.6(c)(1),(3),(5),(7) and (g)(1), which took effect on 2/1/07. The Clerk shall enter judgment and close this
case. Signed by Judge Frederick J. Scullin Jr. on 7/20/07. (jmb) (Entered: July 23, 2007)
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| July 23, 2007 |
40
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JUDGMENT: granting the # 6 Motion for Permanent Injunction. Plaintiffs'
request for a declaration that N.Y. Comp Codes R. & Regs. tit. 22, section 1200.6(c)(1),(3),(5),(7) and (g)(1) are unconstitutional based on the current record is granted. Defendants'
are hereby enjoined from enforcing amendments to the Disciplinary Rules of the Code or Professional Responsibility contained in N.Y. Comp. Codes R. & Regs. tit. 22, section
1200.6(c)(1),(3),(5),(7) and (g)(1), which took effect on 2/1/07. Further Ordered granting in part and denying in part the defendants' # 29 Motion for Summary Judgment, and granting in part and denying in part the
plaintiffs' # 33 Motion for Summary Judgment. Issued by Deputy Clerk: Joanne
Bleskoski. (jmb) (Entered: July 23, 2007)
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| August 1, 2007 |
41
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Letter Motion from Gregory A. Beck for James L. Alexander, Alexander & Catalano LLC, Public Citizen, Inc. requesting that plaintiffs' time to file a motion for fees, expenses, and costs
be extended until after any appeal is decided submitted to Judge Frederick J. Scullin, Jr.. (Attachments: # 1 Proposed Order/Judgment)(Beck, Gregory) (Entered: August 1, 2007)
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| August 2, 2007 |
42
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NOTICE of Appearance by Gerald J. Rock on behalf of all defendants (Rock, Gerald) (Entered: August 2, 2007)
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| August 2, 2007 |
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TEXT ORDER granting in part and denying in part 41 letter request by
plaintiffs to extend the motion filing deadline for attorney's fees and costs. The motion must be filed by 9/4/2007. If necessary, a second motion may be filed for any attorney's fees to
which plaintiffs may be entitled upon conclusion of the appeal. IT IS SO ORDERED by Judge Frederick J. Scullin Jr. on 8/2/2007. (bjw, ) (Entered: August 2, 2007)
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| August 7, 2007 |
43
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TRANSCRIPT of Proceedings (Unredacted): Motion Argument held on 4/13/07 before Judge Frederick J. Scullin, Jr., Court Reporter: Jodi L. Hibbard. (jlh, ) (Entered: August 7, 2007)
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| August 22, 2007 |
44
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NOTICE OF APPEAL as to 40 Judgment,,, 39 Order on Motion for Summary Judgment,,,,,,,,,, Order on Motion for Preliminary
Injunction,,,, by Gary L. Casella, Rita E. Adler, Mark S. Ochs, Anthony J. Gigliotti, Daniel A. Drake, Vincent L. Scarsella, Thomas J. Cahill, Diana Maxfield Kearse. No fee paid. (Rock,
Gerald) (Entered: August 22, 2007)
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| August 22, 2007 |
45
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CERTIFICATE OF SERVICE by Gary L. Casella, Rita E. Adler, Mark S. Ochs, Anthony J. Gigliotti, Daniel A. Drake, Vincent L. Scarsella, Thomas J. Cahill, Diana Maxfield Kearse re 44 Notice of Appeal, (Rock, Gerald) (Entered: August 22, 2007)
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| August 24, 2007 |
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USCA Appeal Fees received $ 455 receipt number ALB003741 re 44 Notice of
Appeal, filed by Mark S. Ochs, Anthony J. Gigliotti, Rita E. Adler, Diana Maxfield Kearse, Daniel A. Drake, Vincent L. Scarsella, Gary L. Casella, Thomas J. Cahill. [appeals packet sent to
AAG Gerald Rock] (ban) (Entered: August 27, 2007)
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| August 27, 2007 |
46
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ELECTRONIC NOTICE sent to US Court of Appeals re 44 Notice of Appeal. (ban)
(Entered: August 27, 2007)
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| August 29, 2007 |
47
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NOTICE OF CROSS APPEAL as to 40 Judgment, 39 Order on Motion for Summary Judgment, Order on Motion for Preliminary Injunction,
by James L. Alexander, Alexander & Catalano LLC, Public Citizen, Inc. (Attachments: # 1 Certificate of Service)(Beck, Gregory) Modified on 9/7/2007 (nas). PAID $455.00 -
RECEIPT NO: SYR013064 (Entered: August 29, 2007)
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| September 4, 2007 |
48
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Letter Motion from Gregory A. Beck for James L. Alexander, Alexander & Catalano LLC, Public Citizen, Inc. requesting fees and costs submitted to Judge Frederick J. Scullin, Jr..
(Attachments: # 1 Memorandum of Law # 2 Declaration of Gregory A. Beck# 3 Beck Declaration Exhibit 1# 4 Beck Declaration Exhibit 2# 5 Beck Declaration Exhibit 3# 6 Declaration of Brian Wolfman# 7 Certificate of Service)(Beck, Gregory) (Entered: September 4, 2007)
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| September 4, 2007 |
49
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BILL OF COSTS by James L. Alexander, Alexander & Catalano LLC, Public Citizen, Inc.. (Beck, Gregory) (Entered: September 4, 2007)
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| September 5, 2007 |
50
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MOTION for Attorney Fees and Costs Motion Hearing set for 10/12/2007 10:00 AM in Syracuse before Senior Judge Frederick J. Scullin Jr..,Response to Motion due by 9/25/2007,Reply to
Response to Motion due by 10/1/2007. by James L. Alexander, Alexander & Catalano LLC, Public Citizen, Inc.. (Beck, Gregory) (Entered: September 5, 2007)
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| September 6, 2007 |
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SCHEDULING NOTICE: 50 MOTION for Attorney Fees and Costs set for 10/12/2007
before Senior Judge Frederick J. Scullin Jr. will be taken on submit. No oral argument will be held. (Barbara J. Woodford, Courtroom Clerk) (bjw, ) (Entered: September 6, 2007)
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| September 11, 2007 |
51
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ELECTRONIC NOTICE sent to US Court of Appeals, Re: the # 47 Notice of Cross
Appeal. (jmb) (Entered: September 11, 2007)
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| September 21, 2007 |
52
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Costs Taxed in amount of $350.00 against Defendants [original served upon plaintiffs by reg mail] (bjw, ) (Entered: September 21, 2007)
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| September 24, 2007 |
53
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NOTICE by James L. Alexander, Alexander & Catalano LLC, Public Citizen, Inc. re 50 MOTION for Attorney Fees and Costs of Filing Corrected Declaration
(Attachments: # 1 Declaration of Gregory A. Beck)(Beck, Gregory) (Entered:
09/24/2007)
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| September 25, 2007 |
54
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RESPONSE in Opposition re 50 MOTION for Attorney Fees and Costs filed
by Gary L. Casella, Rita E. Adler, Mark S. Ochs, Anthony J. Gigliotti, Daniel A. Drake, Vincent L. Scarsella, Thomas J. Cahill, Diana Maxfield Kearse. (Rock, Gerald) (Entered: September 25, 2007)
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| September 26, 2007 |
55
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CERTIFICATE OF SERVICE by Gary L. Casella, Rita E. Adler, Mark S. Ochs, Anthony J. Gigliotti, Daniel A. Drake, Vincent L. Scarsella, Thomas J. Cahill, Diana Maxfield Kearse re 54 Response in Opposition to Motion (Rock, Gerald) (Entered: September 26, 2007)
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| October 1, 2007 |
56
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REPLY to Response to Motion re 50 MOTION for Attorney Fees and Costs
filed by James L. Alexander, Alexander & Catalano LLC, Public Citizen, Inc.. (Attachments: # 1 Second Declaration of Gregory A. Beck# 2 Second Declaration of Brian Wolfman)(Beck, Gregory) (Entered: October 1, 2007)
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| October 2, 2007 |
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USCA Case Number is 07-3677-cv for defts' 44 Notice of Appeal. (cbm, )
(Entered: October 2, 2007)
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| October 2, 2007 |
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USCA Case Number is 07-3900-cv for pltfs' 47 Notice of Cross Appeal. (cbm, )
(Entered: October 2, 2007)
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| October 30, 2007 |
57
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CLERK'S CORRECTION OF DOCKET ENTRY: Regarding the # 40 Judgment, the Clerk
was notified that the pdf image attached to the docket entry was incomplete and only contained the second page when it was originally filed, attached is the full and complete 2 page version
of the document. (jmb) (Entered: October 30, 2007)
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