This case was last updated from PACER on 05/25/2016 at 11:13:30 (UTC).

Michael Bitton v. Gencor Nutrients, Inc. et al

Case Summary

On 05/15/2014 Michael Bitton filed an Other - Racketeer Influenced & Corrupt Organizations Act lawsuit against Gencor Nutrients, Inc. This case was filed in U.S. District Courts, California Central District. The Judges overseeing this case are Judge Manuel L. Real and Magistrate Judge Charles F. Eick. The case status is Disposed - Other Disposed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:14-CV-03754

  • Filing Date:

    05/15/2014

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Other - Racketeer Influenced & Corrupt Organizations Act

  • Court:

    U.S. District Courts

  • Courthouse:

    California Central District

Judge Details

Judge

Judge Manuel L. Real

Referral Judge

Magistrate Judge Charles F. Eick

 

Party Details

Plaintiffs

Michael Bitton

Robert Sokolove

Brian O'Toole

Defendants

Paul Reichelt

John Kim

General Nutrition Centers Inc

Brandon Adcock

Force Factor LLC

S&G Properties, LLC

Does

Jith Veeravalli

GE Nutrients, Inc.

General Nutrition Corporation

Direct Digital LLC

R.V. Venkatesh

GNC Corporation

Trudema

Gencor Nutrientes, Inc.

Attorney/Law Firm Details

Plaintiff Attorney

Barry R Himmelstein

Attorney at Himmelstein Law Network

2000 Powell Street Suite 1605

Emeryville, CA 94608-1861

Defendant Attorneys

Sarah S Park

Attorney at Venable LLP

1270 Avenue Of The Americas 24Th Floor

New York, NY 10020

Angel A Garganta

Attorney at Venable LLP

One Market Plaza, 1 Market Street

San Francisco, CA 94105

Michael C Hartmere

Attorney at Venable LLP

1270 Avenue Of The Americas 24Th Floor

New York, NY 10020

Daniel Scott Silverman

Attorney at Venable LLP

2049 Century Park East Suite 2100

Los Angeles, CA 90067

Matthew R Orr

Attorney at Call and Jensen

610 Newport Center Drive Suite 700

Newport Beach, CA 92660

Joshua Gregory Simon

Attorney at Call and Jensen

610 Newport Center Drive Suite 700

Newport Beach, CA 92660

Steven Bradley Scow

Attorney at Koch and Scow LLC

11500 South Eastern Avenue Suite 110

Henderson, NV 89052

David R Koch

Attorney at Koch and Scow LLC

11500 South Eastern Avenue Suite 210

Henderson, NV 89052

 

Court Documents

#1

(#1) COMPLAINT Receipt No: 0973-13819249 - Fee: $400, filed by Plaintiffs Michael Bitton, Brian O'Toole, Robert Sokolove. (Attachments: # 1 Exhibit 1-11, # 2 Exhibit 12-14, # 3 Exhibit 15-17, # 4 Exhibit 18-34, # 5 Exhibit 35-40, # 6 Exhibit 41-49, # 7 Exhibit 50-56, # 8 Exhibit 57-73, # 9 Exhibit 74-80, # 10 Exhibit 81-89, # 11 Exhibit 90-101, # 12 Exhibit 102-112, # 13 Exhibit 113-119) (Attorney Barry R Himmelstein added to party Brian O'Toole(pty:pla), Attorney Barry R Himmelstein added to party Robert Sokolove(pty:pla), Attorney Barry R Himmelstein added to party Michael Bitton(pty:pla))(Himmelstein, Barry) (Entered: 05/15/2014)

#2

(#2) CIVIL COVER SHEET filed by Plaintiffs Michael Bitton, Brian O'Toole, Robert Sokolove. (Attachments: # 1 Supplement ATTACHMENT TO CIVIL COVER SHEET)(Himmelstein, Barry) (Entered: 05/15/2014)

#3

(#3) Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),, 1 filed by Plaintiffs Michael Bitton, Brian O'Toole, Robert Sokolove. (Attachments: # 1 Supplement ATTACHMENT TO SUMMONS IN A CIVIL ACTION)(Himmelstein, Barry) (Entered: 05/15/2014)

#4

(#4) NOTICE of Interested Parties filed by Plaintiffs Michael Bitton, Brian O'Toole, Robert Sokolove, (Attachments: # 1 Supplement ATTACHMENT TO CERTIFICATION AND NOTICE OF INTERESTED PARTIES)(Himmelstein, Barry) (Entered: 05/15/2014)

#5

(#5) NOTICE OF ASSIGNMENT to District Judge Manuel L. Real and Magistrate Judge Charles F. Eick. (ghap) (Entered: 05/15/2014)

#6

(#6) 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), 1 as to Defendants Brandon Adcock, Direct Digital LLC, Force Factor LLC, GE Nutrients, Inc., GNC Corporation, Gencor Nutrientes, Inc., General Nutrition Centers Inc, General Nutrition Corporation, John Kim, Paul Reichelt, S&G Properties, LLC, Trudema, Jith Veeravalli, R.V. Venkatesh. (ghap) (Entered: 05/15/2014)

#7

(#7) ORDER RE: NOTICE TO COUNSEL upon filing of the complaint by Judge Manuel L. Real. READ CAREFULLY: FAILURE TO COMPLY MAY LEAD TO SANCTIONS. (SEE ORDER FOR DETAILS). (cch) (Entered: 05/18/2014)

#8

(#8) NOTICE OF MOTION AND MOTION to Dismiss Case Memorandum Of Points And Authorities In Support Thereof filed by defendants Direct Digital LLC, Force Factor LLC, GNC Corporation, General Nutrition Centers Inc, General Nutrition Corporation, S&G Properties, LLC. Motion set for hearing on 7/7/2014 at 10:00 AM before Judge Manuel L. Real. (Attorney Daniel Scott Silverman added to party Direct Digital LLC(pty:dft), Attorney Daniel Scott Silverman added to party Force Factor LLC(pty:dft), Attorney Daniel Scott Silverman added to party GNC Corporation(pty:dft), Attorney Daniel Scott Silverman added to party General Nutrition Centers Inc(pty:dft), Attorney Daniel Scott Silverman added to party General Nutrition Corporation(pty:dft), Attorney Daniel Scott Silverman added to party S&G Properties, LLC(pty:dft))(Silverman, Daniel) (Entered: 06/09/2014)

#9

(#9) REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Case Memorandum Of Points And Authorities In Support Thereof 8 filed by defendants Direct Digital LLC, Force Factor LLC, GNC Corporation, General Nutrition Centers Inc, General Nutrition Corporation, S&G Properties, LLC. (Silverman, Daniel) (Entered: 06/09/2014)

#55

(#55) ORDER GRANTING DEFENDANTS' MOTIONS TO DISMISS by Judge Manuel L. Real. IT IS HEREBY ORDERED that defendants' motions to dismiss 8 , 16 , 20 and Truderma's joinder 27 are GRANTED as stated herein, and the complaint is DISMISSED in its entirety with prejudice. (MD JS-6. Case Terminated) (lom) (Entered: 07/23/2014)

#54

(#54) SUPPLEMENT to MOTION to Dismiss Case Individual Defendants Brandon Adcock, Paul Reichelt, and John Kim's Notice of Motion and Motion to Dismiss the Complaint; Memorandum of Points and Authorities In Support Thereof MOTION to Dismiss for Lack of Jurisdiction 16 , MOTION to Dismiss Defendants GE Nutrients, Inc., Gencor Nutrientes, Inc., Jith Veeravalli 20 , MOTION to Dismiss Case Memorandum Of Points And Authorities In Support Thereof 8 , MOTION for Joinder in MOTION to Dismiss Case Memorandum Of Points And Authorities In Support Thereof 8 27 DEFENDANTS RESPONSE TO PLAINTIFFS NOTICE OF SUPPLEMENTAL AUTHORITY filed by Defendants GE Nutrients, Inc., Gencor Nutrientes, Inc., Jith Veeravalli. (Simon, Joshua) (Entered: 07/17/2014)

#53

(#53) SUPPLEMENT to MOTION to Dismiss Case Individual Defendants Brandon Adcock, Paul Reichelt, and John Kim's Notice of Motion and Motion to Dismiss the Complaint; Memorandum of Points and Authorities In Support Thereof MOTION to Dismiss for Lack of Jurisdiction 16 , MOTION to Dismiss Defendants GE Nutrients, Inc., Gencor Nutrientes, Inc., Jith Veeravalli 20 , MOTION to Dismiss Case Memorandum Of Points And Authorities In Support Thereof 8 , MOTION for Joinder in MOTION to Dismiss Case Memorandum Of Points And Authorities In Support Thereof 8 27 NOTICE OF SUPPLEMENTAL AUTHORITY IN SUPPORT OF OPPOSITIONS filed by Plaintiffs Michael Bitton, Brian O'Toole, Robert Sokolove. (Himmelstein, Barry) (Entered: 07/17/2014)

#52

(#52) MINUTE ORDER (IN CHAMBERS) TAKING MOTION UNDER SUBMISSION ON THE PAPERS WITHOUT NEED OF ORAL ARGUMENT by Judge Manuel L. Real. The Court has determined that Defendants GE Nutrients Inc., Gencor Nutrietnes, Inc., Jit Veeravalli's Motion to Dismiss Case 20 , Defendant Trudema's Joinder in Motion to Dismiss Case 27 , and Plaintiff's Motion for Appointment of Counsel 32 set for hearing on July 21, 2014 at 10:00 A.M., are suitable for a decision on the papers as filed by all parties, without the need for oral argument. The said Motions and Joinder are taken UNDER SUBMISSION on the papers as filed. Accordingly, the hearing date of June 21, 2014 at 10:00 A.M. is VACATED and TAKEN OFF CALENDAR. The Court will issue its ruling on the matter in due course. (cch) (Entered: 07/16/2014)

#51

(#51) Notice of Appearance or Withdrawal of Counsel: for attorney Joshua Gregory Simon counsel for Defendants GE Nutrients, Inc., Gencor Nutrientes, Inc., Jith Veeravalli. Adding Joshua G. Simon as attorney as counsel of record for Gencor Nutrients, Inc., GE Nutrients, Inc., and Jith Veeravalli for the reason indicated in the G-123 Notice. Filed by Defendants Gencor Nutrients, Inc., GE Nutrients, Inc., and Jith Veeravalli. (Attorney Joshua Gregory Simon added to party GE Nutrients, Inc.(pty:dft), Attorney Joshua Gregory Simon added to party Gencor Nutrientes, Inc.(pty:dft), Attorney Joshua Gregory Simon added to party Jith Veeravalli(pty:dft))(Simon, Joshua) (Entered: 07/15/2014)

#50

(#50) ORDER by Judge Manuel L. Real: granting 49 Application to Appear Pro Hac Vice by Attorney Michael C. Hartmere on behalf of Defendants Brandon Adcock, Direct Digital LLC, Force Factor LLC, GNC Corporation, General Nutrition Centers Inc, General Nutrition Corporation, John Kim, Paul Reichelt and for S&G Properties, LLC, designating Daniel S. Silverman as local counsel. (lt) (Entered: 07/15/2014)

#49

(#49) APPLICATION for attorney Michael C. Hartmere to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-14096961 paid.) filed by defendants Brandon Adcock, Direct Digital LLC, Force Factor LLC, GNC Corporation, General Nutrition Centers Inc, General Nutrition Corporation, John Kim, Paul Reichelt, S&G Properties, LLC. (Attachments: # 1 Proposed Order)(Silverman, Daniel) (Entered: 07/10/2014)

#48

(#48) REPLY in support of MOTION to Dismiss Defendants GE Nutrients, Inc., Gencor Nutrientes, Inc., Jith Veeravalli 20 filed by Defendants GE Nutrients, Inc., Gencor Nutrientes, Inc., Jith Veeravalli. (Orr, Matthew) (Entered: 07/07/2014)

#47

(#47) MEMORANDUM in Opposition to MOTION to Dismiss Defendants GE Nutrients, Inc., Gencor Nutrientes, Inc., Jith Veeravalli 20 filed by Plaintiffs Michael Bitton, Brian O'Toole, Robert Sokolove. (Himmelstein, Barry) (Entered: 06/30/2014)

57 More Documents Available

 

Docket Entries

  • 07/23/2014
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  • (#55) ORDER GRANTING DEFENDANTS' MOTIONS TO DISMISS by Judge Manuel L. Real. IT IS HEREBY ORDERED that defendants' motions to dismiss 8 , 16 , 20 and Truderma's joinder 27 are GRANTED as stated herein, and the complaint is DISMISSED in its entirety with prejudice. (MD JS-6. Case Terminated) (lom) (Entered: 07/23/2014)

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  • 07/17/2014
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  • (#54) SUPPLEMENT to MOTION to Dismiss Case Individual Defendants Brandon Adcock, Paul Reichelt, and John Kim's Notice of Motion and Motion to Dismiss the Complaint; Memorandum of Points and Authorities In Support Thereof MOTION to Dismiss for Lack of Jurisdiction 16 , MOTION to Dismiss Defendants GE Nutrients, Inc., Gencor Nutrientes, Inc., Jith Veeravalli 20 , MOTION to Dismiss Case Memorandum Of Points And Authorities In Support Thereof 8 , MOTION for Joinder in MOTION to Dismiss Case Memorandum Of Points And Authorities In Support Thereof 8 27 DEFENDANTS RESPONSE TO PLAINTIFFS NOTICE OF SUPPLEMENTAL AUTHORITY filed by Defendants GE Nutrients, Inc., Gencor Nutrientes, Inc., Jith Veeravalli. (Simon, Joshua) (Entered: 07/17/2014)

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  • 07/17/2014
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  • (#53) SUPPLEMENT to MOTION to Dismiss Case Individual Defendants Brandon Adcock, Paul Reichelt, and John Kim's Notice of Motion and Motion to Dismiss the Complaint; Memorandum of Points and Authorities In Support Thereof MOTION to Dismiss for Lack of Jurisdiction 16 , MOTION to Dismiss Defendants GE Nutrients, Inc., Gencor Nutrientes, Inc., Jith Veeravalli 20 , MOTION to Dismiss Case Memorandum Of Points And Authorities In Support Thereof 8 , MOTION for Joinder in MOTION to Dismiss Case Memorandum Of Points And Authorities In Support Thereof 8 27 NOTICE OF SUPPLEMENTAL AUTHORITY IN SUPPORT OF OPPOSITIONS filed by Plaintiffs Michael Bitton, Brian O'Toole, Robert Sokolove. (Himmelstein, Barry) (Entered: 07/17/2014)

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  • 07/16/2014
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  • (#52) MINUTE ORDER (IN CHAMBERS) TAKING MOTION UNDER SUBMISSION ON THE PAPERS WITHOUT NEED OF ORAL ARGUMENT by Judge Manuel L. Real. The Court has determined that Defendants GE Nutrients Inc., Gencor Nutrietnes, Inc., Jit Veeravalli's Motion to Dismiss Case 20 , Defendant Trudema's Joinder in Motion to Dismiss Case 27 , and Plaintiff's Motion for Appointment of Counsel 32 set for hearing on July 21, 2014 at 10:00 A.M., are suitable for a decision on the papers as filed by all parties, without the need for oral argument. The said Motions and Joinder are taken UNDER SUBMISSION on the papers as filed. Accordingly, the hearing date of June 21, 2014 at 10:00 A.M. is VACATED and TAKEN OFF CALENDAR. The Court will issue its ruling on the matter in due course. (cch) (Entered: 07/16/2014)

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  • 07/15/2014
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  • (#51) Notice of Appearance or Withdrawal of Counsel: for attorney Joshua Gregory Simon counsel for Defendants GE Nutrients, Inc., Gencor Nutrientes, Inc., Jith Veeravalli. Adding Joshua G. Simon as attorney as counsel of record for Gencor Nutrients, Inc., GE Nutrients, Inc., and Jith Veeravalli for the reason indicated in the G-123 Notice. Filed by Defendants Gencor Nutrients, Inc., GE Nutrients, Inc., and Jith Veeravalli. (Attorney Joshua Gregory Simon added to party GE Nutrients, Inc.(pty:dft), Attorney Joshua Gregory Simon added to party Gencor Nutrientes, Inc.(pty:dft), Attorney Joshua Gregory Simon added to party Jith Veeravalli(pty:dft))(Simon, Joshua) (Entered: 07/15/2014)

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  • 07/11/2014
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  • (#50) ORDER by Judge Manuel L. Real: granting 49 Application to Appear Pro Hac Vice by Attorney Michael C. Hartmere on behalf of Defendants Brandon Adcock, Direct Digital LLC, Force Factor LLC, GNC Corporation, General Nutrition Centers Inc, General Nutrition Corporation, John Kim, Paul Reichelt and for S&G Properties, LLC, designating Daniel S. Silverman as local counsel. (lt) (Entered: 07/15/2014)

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  • 07/10/2014
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  • (#49) APPLICATION for attorney Michael C. Hartmere to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-14096961 paid.) filed by defendants Brandon Adcock, Direct Digital LLC, Force Factor LLC, GNC Corporation, General Nutrition Centers Inc, General Nutrition Corporation, John Kim, Paul Reichelt, S&G Properties, LLC. (Attachments: # 1 Proposed Order)(Silverman, Daniel) (Entered: 07/10/2014)

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  • 07/07/2014
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  • (#48) REPLY in support of MOTION to Dismiss Defendants GE Nutrients, Inc., Gencor Nutrientes, Inc., Jith Veeravalli 20 filed by Defendants GE Nutrients, Inc., Gencor Nutrientes, Inc., Jith Veeravalli. (Orr, Matthew) (Entered: 07/07/2014)

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  • 06/30/2014
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  • (#47) MEMORANDUM in Opposition to MOTION to Dismiss Defendants GE Nutrients, Inc., Gencor Nutrientes, Inc., Jith Veeravalli 20 filed by Plaintiffs Michael Bitton, Brian O'Toole, Robert Sokolove. (Himmelstein, Barry) (Entered: 06/30/2014)

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  • 06/25/2014
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  • (#46) MINUTES (IN CHAMBERS): ORDER TAKING MOTION UNDER SUBMISSION ON THE PAPERS WITHOUT NEED OF ORAL ARGUMENT by Judge Manuel L. Real: The Court has determined that Defendants Direct Digital LLC, Force Factor LLC, GNC Corporation, General Nutrition Centers, Inc., General Nutrition Corporation, S&G Properties, LLC Motion to Dismiss Complaint 8 , Defendant Trudema's Motion to Dismiss Compaint 27 , and Defendants Brandon Adcock, John Kin, Paul Reichelt's Motion to Dismiss Case 16 set for hearing on July 7, 2014 at 10:00 a.m., are suitable for a decision on the papers as filed by all parties, without the need for oral argument; therefore, the said motions are taken UNDER SUBMISSION on the papers as filed, and the hearing date of July 7, 2014 at 10:00 A.M. is VACATED and TAKEN OFF CALENDAR. The Court will issue its ruling on the matter in due course. (bp) (Entered: 06/26/2014)

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35 More Docket Entries
  • 06/09/2014
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  • (#10) CORPORATE DISCLOSURE STATEMENT filed by Defendants GNC Corporation, General Nutrition Centers Inc, General Nutrition Corporation, S&G Properties, LLC identifying GNC Holdings, Inc. as Corporate Parent. (Silverman, Daniel) (Entered: 06/09/2014)

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  • 06/09/2014
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  • (#9) REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Case Memorandum Of Points And Authorities In Support Thereof 8 filed by defendants Direct Digital LLC, Force Factor LLC, GNC Corporation, General Nutrition Centers Inc, General Nutrition Corporation, S&G Properties, LLC. (Silverman, Daniel) (Entered: 06/09/2014)

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  • 06/09/2014
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  • (#8) NOTICE OF MOTION AND MOTION to Dismiss Case Memorandum Of Points And Authorities In Support Thereof filed by defendants Direct Digital LLC, Force Factor LLC, GNC Corporation, General Nutrition Centers Inc, General Nutrition Corporation, S&G Properties, LLC. Motion set for hearing on 7/7/2014 at 10:00 AM before Judge Manuel L. Real. (Attorney Daniel Scott Silverman added to party Direct Digital LLC(pty:dft), Attorney Daniel Scott Silverman added to party Force Factor LLC(pty:dft), Attorney Daniel Scott Silverman added to party GNC Corporation(pty:dft), Attorney Daniel Scott Silverman added to party General Nutrition Centers Inc(pty:dft), Attorney Daniel Scott Silverman added to party General Nutrition Corporation(pty:dft), Attorney Daniel Scott Silverman added to party S&G Properties, LLC(pty:dft))(Silverman, Daniel) (Entered: 06/09/2014)

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  • 05/18/2014
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  • (#7) ORDER RE: NOTICE TO COUNSEL upon filing of the complaint by Judge Manuel L. Real. READ CAREFULLY: FAILURE TO COMPLY MAY LEAD TO SANCTIONS. (SEE ORDER FOR DETAILS). (cch) (Entered: 05/18/2014)

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  • 05/15/2014
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  • (#6) 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), 1 as to Defendants Brandon Adcock, Direct Digital LLC, Force Factor LLC, GE Nutrients, Inc., GNC Corporation, Gencor Nutrientes, Inc., General Nutrition Centers Inc, General Nutrition Corporation, John Kim, Paul Reichelt, S&G Properties, LLC, Trudema, Jith Veeravalli, R.V. Venkatesh. (ghap) (Entered: 05/15/2014)

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  • 05/15/2014
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  • (#5) NOTICE OF ASSIGNMENT to District Judge Manuel L. Real and Magistrate Judge Charles F. Eick. (ghap) (Entered: 05/15/2014)

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  • 05/15/2014
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  • (#4) NOTICE of Interested Parties filed by Plaintiffs Michael Bitton, Brian O'Toole, Robert Sokolove, (Attachments: # 1 Supplement ATTACHMENT TO CERTIFICATION AND NOTICE OF INTERESTED PARTIES)(Himmelstein, Barry) (Entered: 05/15/2014)

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  • 05/15/2014
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  • (#3) Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),, 1 filed by Plaintiffs Michael Bitton, Brian O'Toole, Robert Sokolove. (Attachments: # 1 Supplement ATTACHMENT TO SUMMONS IN A CIVIL ACTION)(Himmelstein, Barry) (Entered: 05/15/2014)

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  • 05/15/2014
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  • (#2) CIVIL COVER SHEET filed by Plaintiffs Michael Bitton, Brian O'Toole, Robert Sokolove. (Attachments: # 1 Supplement ATTACHMENT TO CIVIL COVER SHEET)(Himmelstein, Barry) (Entered: 05/15/2014)

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  • 05/15/2014
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  • (#1) COMPLAINT Receipt No: 0973-13819249 - Fee: $400, filed by Plaintiffs Michael Bitton, Brian O'Toole, Robert Sokolove. (Attachments: # 1 Exhibit 1-11, # 2 Exhibit 12-14, # 3 Exhibit 15-17, # 4 Exhibit 18-34, # 5 Exhibit 35-40, # 6 Exhibit 41-49, # 7 Exhibit 50-56, # 8 Exhibit 57-73, # 9 Exhibit 74-80, # 10 Exhibit 81-89, # 11 Exhibit 90-101, # 12 Exhibit 102-112, # 13 Exhibit 113-119) (Attorney Barry R Himmelstein added to party Brian O'Toole(pty:pla), Attorney Barry R Himmelstein added to party Robert Sokolove(pty:pla), Attorney Barry R Himmelstein added to party Michael Bitton(pty:pla))(Himmelstein, Barry) (Entered: 05/15/2014)

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